FR-1974-09-24.pdf - Govinfo.gov

Se

pte

mb

er 2

4,

19

74

—P

ages 34

25

9—

34

39

1

TUESDAY, SEPTEMBER 24, 1974

WASHINGTON, D.C.

Volume 39 ■ Number 186

Pages 34259-34391

PART I

HIGHLIGHTS OF THIS ISSUEThis listing does not affect the legal status of any document published in this issue. Detailed table of contents appears inside.

JOHNNY HORIZON *76 CLEAN UP AMERICA MONTH,1974— Presidential proclamation........................................ ... 34259

INSPECTION OF TAX RETURNS— Executive Order.------------ 34261

BUSINESS AND INDUSTRIAL LOANS— USDA/FmHA re­vises and reissues requirements; effective 9-24—74........... 34263

DISTILLED SPIRITS— Treasury/AT&F proposes increase of limitations on advertising by retailers; comments by 10-24-74 .................................. ........ _______ ______________ 34294

FRUIT AND VEGETABLE MISBRANDING— USDA/AMS an­nounces monetary penalties for misrepresentation; effec­tive 9 -2 4 -7 4 ___________________________ _______ ___— 34263

CANNED CORN— HEW/FDA amends identity and quality standards; effective 11—25—74.....------------------------------------------ - 34268

CHOLERA VACCINE— FDA proposes additional standards; comments by 11—25—74...— ....... ............................;------------ 34297

STAINLESS STEEL FLATWARE— Treasury increases tariff- rate quota------ --------------------- ---------------------------------------------------- - 34310

CLEAN AIR— EPA proposes compliance schedules for Iowaand Nevada (2 documents); comments by 10-24-74-------- 34302,

34303

SUBSIDIZED VESSELS— Commerce/MA proposes estab­lishment procedures for accommodations and crew com­plements; comments by 10-24—74.......~ ------------------------------- 34296

{Continued inside)

PART II:AUTO FUEL ECONOMY— FTC informational hear­ing concerning advertising and promotional claims; comments by 11—25-74.---------------------------------------------- 34381

t

rem indersNo te : There were no Items published after October 1, 1972, that are eligible for

inclusion In the list o f R ules G oing Into Effect T oday.

ATTENTION: Questions, corrections, or requests for information regarding the contents of this issue only may be made by dialing 202-523-5284. For information on obtaining extra copies, please call 202-523-5240.

oo«2<

Published dally, Monday through Friday (no publication on Saturdays, Sundays, or on official Federal holidays), by the Office of the Federal Register, National Archives and Records Service, General Services Adm in istration , Washington, D.O. 20*08, under the Federal Register Act (49 Stat. 500, as amended; 44 TJ.S.C-, Ch. 15) and the regulations of the Administrative Committee of the Federal Register (1 CFR Ch. I ) . Distribution Is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

H ie Fedbral Register provides a uniform system for making available to the public regulations and legal notices issued by Federal agencies. These Include Presidential proclamations and Executive orders and Federal agency documents having general applicability and legal effect, documents required to be published by Act of Congress and other Federal agency documents of public Interest.

The Federal R egister w ill be furnished by mail to subscribers, free of postage, for $5.00 per month or $45 per year, payabl in advance. The charge for Individual copies Is 75 cents for each Issue, or 75 cents for each group o f pages as actually b( n„ ‘ Remit check or money order, made payable to the Superintendent of Documents, UJ3. Government Printing Office, Washingto . D.C. 20402.

There are no restrictions on the republication of material appearing in the Federal R egister.

FEDERAL REGISTER, VOL. 39, NO. 186— TUESDAY, SEPTEMBER 24, 1974

HIGHLIGHTS— Continued

MEETINGS—USDA/AMS: Rue-Cured Tobacco Advisory Committeer10-14-74 ............ -........... -........................................."•—

CCC: Commodity Credit CorporatiQp Advisory pogrdi10-9 and 10-10-74............................ ...................... - w

DoD: Defense Science Board Task Force on "Naval Sur-* face Warfare,” 10—2 and 10—3—74........ .......................... —

HEW/HSA: Maternal and Child Health Research GrantsReview Committee, 10-10 and 10-11—74— ,...................

National Migrant Health Advisory Committee, 10-29and 10-31—74................................3....................— ----------

AEC: Advisory Committee on Reactor Safeguards 10-10 through 10—12—74.......... ........ -..............—-.............. .........

34313

$4313

34310

34315

34315

34322Advisory Committee on Reactor Safeguards: Sub­committee on St. Lucie Nuclear Generating Station,Unit 1, rescheduled from 10 -8 -7 4 to 1 1-12-74-------- 34320

Subcommittee on St. Lucie Nuclear Generating Station, Unit 2, rescheduled from 10-9—74 to11-13-74 ..................-...................................... —Atomic Energy Labor-Management Advisory Commit-

. fee» 10-31—74-......r— ............................—SEC: Report Coordinating Group, 10-8 through10—28—74 ________ ...---------------------- - — --------------- ------------NASA: Research and Technology Advisory Council Panel on Aeronautical Operating Systems, 10-16 and10-17-74 ................... — ...........................................Commerce: CTAB Panel on Project Independence Blue­print, 10—7 through 10—16—74............................... .............National Advisory Committee on Oceans and Atmo­sphere, 10-10 and 10—11—74------ ------- ---------------------- ------

CANCELLED MEETING—FEA: Environmental Advisory Committee, 8 -2 7 -7 4 --------

34320

34323

34342

34339

34314

34339

34331

THE PRESIDENTProclamationsJohnny Horizon ’76 dean Up

America Month, 1974—------------ 34259Executive OrdersInspection by President and cer­

tain employees of tax returns:— 34261EXECUTIVE AGENCIES

ACTIONNoticesInterior Board of Contract Ap­

peals; designation to hear and determine appeals-------------------- 34320

AGRICULTURAL MARKETING SERVICERulesPerishable commodities; misrep­

resentation or misbranding; monetary penalty____________ 34263

Proposed RulesMilk marketing orders: Chicago

region_______________'_____— 34295NoticesMeetings:

Flue-cured Tobacco Advisory Committee_____ ___ ;______ 34313

AGRICULTURE DEPARTMENTSee Agricultural Marketing Serv­

ice; Commodity Credit Corpora­tion; Farmers Home Adminis­tration; Forest Service; Soil Conservation Service.

ALCOHOL, DRUG ABUSE, AND MENTAL HEALTH ADMINISTRATION

.NoticesMinority Group Mental Health

Programs Review Committee; establishment _____ *___ ___ 34314

ALCOHOL, TOBACCO AND FIREARMS BUREAU

Proposed Rules ;Distilled spirits; advertising limi­

tations for retailers;____ _ 34294

contentsATOMIC ENERGY COMMISSION NoticesApplications, etc,:

Tennessee Valley Authority (2documents) __________ 34320,34321

Meetings:Advisory Committee on Reactor

Safeguards (3 documents) — 34320,34322

Atomic Energy Labor-Manage­ment Advisory Committee— 34323

CIVIL AERONAUTICS BOARD NoticesHearings, etc.:

Investigation of local service elass subsidy rate, Class RateV n _ _ ______________________ 34324

Pan American World Airways,Inc. and Trans World Airlines,In c________________________ 34325

Transatlantic, transpacific, and Latin American mail rates— 34323

COMMERCE DEPARTMENT See also Maritime Administration;

National Technical Information Service.

NoticesMeetings:

CTAB Panel on Project Inde­pendence Blueprint----------— 34314

COMMODITY CREDIT CORPORATIONNoticesMeetings:

Commodity Credit Corporation Advisory Board-—. —____ 34313

COST ACCOUNTING BOARD Proposed RulesCost accounting standard; busi­

ness allocation unit general and administrative expense to cost objectives-------- —— — ;------— 3430ft

DEFENSE DEPARTMENTNoticesMeetings:

Science Board Task Force On Naval Surface Warfare—L___ 34310

DRUG ENFORCEMENT ADMINISTRATION NoticesRevocation of registrations; hear­

ings:Nelson, Sidney A______________ 34310Seasholtz, James E____________ 34310

ECONOMIC STABILIZATION OFFICE NoticesAuthority delegations; Associate

Director for Operations------------ 34310ENVIRONMENTAL PROTECTION AGENCY Proposed RulesAir quality implementation plans:

Io w a ________________________ 34302Nevada_______________________ 34303

NoticesPesticide registration; applica­

tions ________________________ 34329FARMERS HOME ADMINISTRATION RulesBusiness and industrial loans------- 34263Proposed RulesBusiness and industrial loans;

eligibility criteria; proposal withdrawn —____ ____________34295

FEDERAL AVIATION ADMINISTRATION RulesTransition area----- -------------------- 34267Proposed RulesTransition areas (2 documents)_ 34299FEDERAL DEPOSIT INSURANCE

CORPORATIONNoticesPremiums not considered payment

of interest or dividends------------ 34331FEDERAL ENERGY ADMINISTRATIONNoticesMeetings:

Environmental Advisory Com­mittee; cancellation-----— 34331

(Continued on next page)

FEDERAL REGISTER, VOL. 39, NO. 186— TUESDAY, SEPTEMBER 24, 1974 iii

CONTENTS

FEDERAL HIGHWAY ADMINISTRATION

RulesRight-of-way and environment;

acquisition function; correction. 34277FEDERAL INSURANCE ADMINISTRATION RulesNational flood insurance program:

Special hazard areas (3 docu­ments) ____ __________ 34269, 34277

FEDERAL MARITIME COMMISSION NoticesAgreements filed:

Atlantic Gulf Service, AB_----- - 34332Port of New Orleans and United

Brands C o.________________ 34332Freight forwarder licenses:

Mueller International, etc------- 34332Donald R: Winter and Com­

pany, Inc_______—__'l----- — 34332FEDERAL POWER COMMISSIONProposed RulesNatural gas produced from wells;

establishment of just and rea­sonable rates__ ____ __________ 34394

NoticesHearings, etc.-. .

Arizona Public Service Co--------- 34332Connecticut Light and Power

C o ________________________ 34333Consolidated Gas Supple Corp. 34333Getty Oil Co------- ----------------- 34333Industrial Gas Corp------ -—. . . 34334Kerr McGee Corp----------------- 34334Natural Gas Pipeline Company

of America_____ — 34334Natural Gas Pipeline Company

of America and Transwestem Pipeline Co—____—— - — 34335

Northern Natural GasCo_-_—— 34335 Northwest Pipeline Corp— — 34336Sun Oil Co__ --------- __------------ 34336Texas Offshore Pipeline Sys­

tem, In c.-- --------- 34336Texas Pacific Oil Company,

Inc. (2 documents)___ 34337, 34338Toledo Edison Co-------------------- 34338Valley Gas Transmission, Inc__ 34338

FEDERAL RAILROAD ADMINISTRATIONNoticesNorwood & St. Lawrence Railroad

Co.; petition for waiver of track safety standards-------_________ 34319

FEDERAL TRADE COMMISSIONProposed RulesAutomobile fuel economy claims;

informational hearing on ad­vertising and promotional prac­tices ____________ —,----------- 34382

FISH AND WILDLIFE SERVICERulesHunting:

Bombay Hook National WildlifeRefuge, Del_____—___ 34291

Audubon National Wildlife Ref­uge, N. Dak________ 34292

Chincoteague National WildlifeRefuge, Va_________________ 34292

De Sota National Wildlife Ref­uge, Iowa and Nebr. (2 docu­

ments) ____________________ 34291Presquile National Wildlife Ref-. uge, V a_j____ _____________ 34293

Salt Plains National Wildlife Refuge, Okla______________ . 34299

FOOD AND DRUG ADMINISTRATION RulesCanned com ; deletion of certain

styles of pack and declaration ofyellow color type____ _________, 34268

Proposed RulesCholera vaccine; additional stand­

ards ________;_________________ 34297FOREST SERVICE Notices"Environmental statements:

Blanchard Springs Caverns P roject---------- ----------- ------- 34313

GENERAL SERVICES ADMINISTRATION RulesForeign purchases; Buy American

Act; supply and service con­tracts __________;___________ 34278

NoticesCommission on Government Pro­

curement; recommendations__ 34338HEALTH, EDUCATION, AND WELFARE

DEPARTMENTSee Food and Drug Administra­

tion; Health Services Adminis­tration; Public Health Service; Social and Rehabilitation Serv­ice.

HEALTH SERVICES ADMINISTRATIONNoticesMeetings:

Maternal and Child Health Re­search Grants Committee, andNational Migrant Health Ad­visory Committee———____ . 34315

HEARINGS AND APPEALS OFFICE NoticesApplications, etc.; Palmer Coking

Coal Co. (3 documents)_____ _ 34312HOUSING AND URBAN DEVELOPMENT

DEPARTMENTSee also Federal Insurance Admin­

istration.RulesLow rent public housing; proto­

type cost limits:Charlottesville, Va____________ 34268

INTERIOR DEPARTMENTSee also Fish and Wildlife Service;

Land Management Bureau; Hearings and Appeals Office.

RulesNondiscrimination in activities

conducted under permits, etc 34282Personal property management_ 34279INTERSTATE COMMERCE COMMISSIONNoticesCar service:

Southern Pacific TransportationCo ________________________ 34363

Cost evidence; rules to govern as- sembly and presenting; dissolu­tion of task force_____________ 34350

Fourth section application for re lie f___________________ - ____ 34350

Hearing assignments_______ 34349Motor carriers:

Board transfer proceedings—__ 34350 Irregular route property car­

riers; elimination of gatewayletter notices_______________ 34351

Transfer proceedings (2 docu­ments) — )--------------- 34350, 34351

JUSTICE DEPARTMENT See Drug Enforcement Adminis­

tration.LABOR DEPARTMENT See also Occupational Safety and

Health Administration.NoticesPPG Industries, Inc.; workers re­

quest for certification for ad­justment assistance___________ 34349

LAND MANAGEMENT BUREAU NoticesApplications for pipeline rights-

of-way:New Mexico (2 documents)___ 34311

Opening of public lands:Utah----- --------- 34311

MANAGEMENT AND BUDGET OFFICE NoticesClearance of reports; list of re­

quests -------------------------------- - 34340MARITIME ADMINISTRATION Proposed RulesSubsidized vessels; establish­

ment procedures for accommo­dations and crew complements. 34296

NATIONAL ADVISORY COMMITTEE ON OCEANS AND ATMOSPHERE

NoticesMeeting and agenda— ______ 34339NATIONAL AERONAUTICS AND SPACE

ADMINISTRATION Notices Meetings :

NASA Research and Technology Advisory Council; Panel on Aeronautical Operating Sys­tems ______________________ 34339

NATIONAL TECHNICAL INFORMATION SERVICE

NoticesFederally sponsored business,

economic and technical reports; pricing policy________________ 34314

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

RulesState plans for enforcement of

standards:Federal program change sup-

plements; correction— — 34277 NoticesApplications, etc.:

Boeing Airspace Co_____ ____ 34347Kansas City Central Paper Box

C o ________________- ______ 34349PUBLIC HEALTH SERVICE NoticesOrganization and functions:

Center for Disease Control----- 34315Food and Drug Administration- 343io

iv FEDERAL REGISTER, VOL. 39, NO . 186— TUESDAY, ^SEPTEMBER 24, 1974

CONTENTS

SECURITIES'AND EXCHANGE COMMISSION

NoticesHearings, etc.!

Equity Funding Corporation ofAmerica {-------— —— — 34340

Industries International, thc___ 34340 Louisiana Power and Light Co— 34341Ohio Power Co_— -------- — 34341Westgate California Corp— — 34340Zenith Development Corp--------- 34340

Meetings:SEC Report Coordinating Group

(Advisory)---------- *-------------- 34342SOCIAL AND ECONOMIC STATISTICS

ADMINISTRATIONNoticesCensus Advisory Committee on the

Black Population for the 1980 census; establishment------------- 34314

SOCIAL AND REHABILITATION SERVICENoticesCuban Refugee Program; suspen­

sion of phaseout of Federal re­imbursement to states------------- 34319

Work incentives-social and sup­portive services; imposition of interim limits of entitlement— 34319

SOIL c o n s e r v a t io n s e r v ic e

NoticesEnvironmental statements; avail­

ability; Cane Creek Recrea­tional Development RC&D Measure, Ark----- —_ 34313

t r a n s p o r t a t io n d e p a r t m e n t

See Federal Aviation Administra­tion; Federal Highway Adminis­tration.

TREASURY DEPARTMENTSee also Alcohol, Tobacco and

Firearms Bureau; Economic Stabilization Office.

NoticesStainless steel flatware; increase

in tariff rate quota..------ -— — 34310

UNITED STATES RAILWAY ASSOCIATIONNoticesAbandonment of service:

Penn Central Transportation Co. (9 documents)----- 34342-34345

FEDERAL REGISTER, V O L 39, N O . 1R6— TUESDAY, SEPTEMBER 24, 1974

list of cfr ports affectedThe following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today’s

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

since January 1, 1974, and specifies how they are affected.

3 CFRP roclam ation :4315____________E xecutive O rder: 11805___________4 CFRP roposed R u le s : 410_____________7 CFR46_______________1842 ____________P roposed R u le s :1001_____________1002____________1004__ __________1006_____________1007_____________1011_____________1012_____________1013_____________1015_____________1030______- ______1032 ________1033 ________1036___ _________1040— ____ _____1044_____________1046—___________1049____ ______ _1050—___________1060_________- __1061_____________1062___ _________1063 ________1064 ________ _1065—___________1068_____________1069 __ ______1070 ________ _1071 ________1073_____________

34259

34261

34300

3426334263

- 34295 34295

_34295 _ 34295- 34295

34295 34295

_ 34295 34295

_ 34295 34295

_ 34295 _ 34295 . 34295- 34295 _ 34295- 34295 _ 34295- 34295 . 34295

34295 . 34295- 34295 _ 34295

34295 . 34295 _ 34295- 34295- 34295

1075—_______________________ ___342951076________________________ ;___ 342951078—______ :___________—______342951079____ ____________l___________342951090_____________________________342951094_____ 342951096 _ 342951097 ---------—____________________ 342951098— ________________I_______342951099— ____ 342951101 ___ 342951102 ----------------------------------- 342951104__________ 342951106--------------------------------------------342951108------------------------------- 342951120—---------------------------- 342951121-------------------------------------------- 342951124 ------------------------------------ 342951125 ------------------------------------- 342951126 ----------------------------- 342951127 ------------------------------------- 342951128 --------------- 342951129 ________ _______________ 342951130— --------------------- 342951131 _______ 342951132 _____ 342951133 ------------------- 342951134 ------------------------------------- 342951136 --------------------------- 342951137 ________ ,_______________ 342951138 ------------------------------------- 342951139 ________ ________ ________ — ___342951842 _____ 3429514 CFR7 1 ------------------ 34267P roposed R u le s :71 (2 documents)________________ 3429916 CFRP roposed R u le s :Chapter I________________________34382

18 CFRP roposed R u le s :2 ------------------------------------_----------- 34304154------------------- — ------------- -------- 3430421 CFR5 1 --------------------------------------- 34268P roposed R u le s :610 --------------------- 34297620 —----- 3429723 CFR712-------------—-----— -------------------- 3427724 CFR275 ------------------ 342681915 (3 documents)______ _ 34269,3427727 CFRP roposed R u les :6------------------------------------- _-----------3429429 CFR1953 ______________________________3427740 CFRP roposed R u le s :52 (2 documents)________ _ 34302,3430341 CFR5 A -6 ____ 34278114-60 —_________________________ 3427943 CFR27_________ ;________ - _____________3428246 CFRP roposed R u les :254 ________________________ _______ 34296

50 CFR28-________________________________3429032 (6 documents)_________ 34291-34293

vi FEDERAL REGISTER, VOL. 39, N O . 1»6— TUESDAY, SEPTEMBER 24, 1974

CUMULATIVE LIST OF PARTS AFFECTED— SEPTEMBER

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

3 CFR PageExecutive O rders : .......

11802__________— ------------------- - 3211111803— _______________________ 3329711804 ____________ 3329911805 __ - __________________ 34261

Proclamations:4310 ----4311 -----4312.----------4313—--------4314 ____ —4315 ----

4 CFR6------ --------------331_____________400— ----------------408_____________Proposed R u l e s :

10- ________________

410___—5 CFR213-__ 31873, 31874, 32603, 33686, 33687294 ________ 32537300_____________________________ 32537315-.......... 32537336________________ 32537351 ___________ - __________ — - 32537352 _______________________ 32537353________ _______- — ------------ 32538531 ________ ________ ________ .________________ ________ 32539532 _____ ______________— —-—— 32539713_______ ;____________________ _ 32540731 32540752— II— I— — - — — — 32541771 __________ 32542772 _ 32545831— __________________________ 32548870____________________________ 32548890_______ 32548891__________________ 325497 CFR2_r_— ____________ 3319924_____ _ __ ___________i— 3200426— ______ 31874, 32124, 3330527____ 3401929_______ ___________ ;________ 3297546_____ 3426352._____________________ _ 32004, 33199210____ _ _ _____________ 32733225________ 32733271— ________________ 33199301— ......... ___....... 31875, 32126, 32975330......... 32319401__________ 32010, 32127, 33305650______________ 31879, 32976780______ 32321864 _ 33499865 ------------------------ 33502905.--------------------------------- ;____ j 32976908— ____________ 32128, 32900, 33687910------------ - 32549, 32978, 33200,'33785915— ------------------------------ 33505924.________ 33305925 ---------------------------------- 33200926 ------------------------- 33201, 33306927~ _________ 33688931 ----------------------------------- 31879932 ------ 32010

31997336813368133681

_ 33808 ._ 34300

323173260133197332933366134259

7 CFR— Continued944— ____947______________981______________991-_____________993_________1040— _____ ____1421_____ _______1842_____________2400— _________P roposed R u l e s :

52 ________ r_.----------53 ____271_________640 ________ ________641 ________ ________642 _ .—643 ________ ________650_______—905 ________906 ____927__________931 _!_—932 ____948— ___ _966__________981__________989—________993__ :______1001________1002____ ____1004______ _1006________1007______—1011— __ - ,1012. .......... .1013________1015______—1030________1032 ____1033 __ -1036— ____1040____1044— — . 1046________1049 ____1050 ________ ________ ________1060— _____1061_____—1062____ ___1063________1064*— __ _1065__ ____1068____ ___1069________1070— ____1071________1073________1075 ____1076 ________1078 ________ ________1079 _1090________1094—........ .1096— ——.1097___ _____1098— _____1099___ ____1101________1102________1104________

Page

._ _ ___ 3330631879,32011______ 33201______ 33688

32733______ 33785______ 33202_____ _ 34263______ 32011

___ 34056______ 32743______ 33228_____ 33004______ 33004__ — 33004______ 33004______ 32139______ 3405633227, 33536__ _ 33003______ 3291933376, 33537______ 32139______ 32616_____ 33004_______ 33537_______ 32752______ 34295_______ 34295_______ 34295______ 34295._____ 34295______ 34295______ 34295______ 34295___ _ 34295. 32753, 34295______ 34295______ 34295._____ 34295___ ____ 34295______ 34295______ 34295______ 34295______ 34295______ 34295

34295_______ 34295_______ 34295______ 34295_____ _ 34295____ .__ 34295______ 34295______ 34295___ _ 34295______ 34295— __ 34295______ 34295______ 34295______ 34295_______ 34295______ 34295_______ 34295____ _ 34295__ ____ 34295_______ 34295___ ___ 34295_______ 34295__ ____ 34295

7 CFR— Continued Pae«Proposed Rules—Continued

1106____________ ______ _____ - 342951108__________________________ 342951120 _____________________ 342951121 _____________________ 342951124 _;___________ —_____ 342951125 ___________________________________ 342951126 ____ ——__________—__— 342951127 _______.________ ;_rT„ —__ 342951128 ________________— 342951129 ___ ——______________ _ 342951130 _;____________________ 342951131-___ ___— — — __ — 342951132 _____ 342951133 _____________ - ______ 342951134 _______________________ — 342951136 _______ 342951137 ____________________ - ____ 342951138 _____________________ 342951139 ______,________ - _____ 342951408___________ —_________ — 330041421______________— _________ 333761701____________________ 332281842_,_______________________ 34295

8 CFRProposed Rules:

214____________________ 32919223___ 32129223a__________________________ 32129

9 CFR76________ 3212978_____;_______ _________ _________ 3212991_______._________________________ 3232294—__________________ 3232297___________________ — _________ 34019317 __ *____________ l_______— 31880318 ___________________ 31880381._______________ .__ 31880Proposed Rules:

71_____________ __________ 3369978________________________ — 3213992_____ 32146102____________ — 32332201________________ 33538

10 CFR2 „ ___________ 3320250—____________ 3320251________________________________ 33202, 3330770— ________________- ___________ 33202205____ 32262210 ______ 32283211 ___________ 32283, 32306, 32979212 _______ 32286, 32306215________ ________ ——__— ___ 32286Rulings_______ 32901Proposed Rules:

20____ 3292150____________________________ 33378150___________________________ 32922210 _____________________ 32718, 33381211 _ 31920, 23718, 32876, 33380212 __ 32309, 32310, 33015, 33381660_____ 84072

12 CFR22 33787204______________ ____ 33202, 34019, 34020

viiFEDERAL REGISTER, VOL. 39, NO. 186— TUESDAY, SEPTEMBER 24, 1974

FEDERAL REGISTER

12 CFR— Continued Page 18 CFR— Continued Page208—____________________________34020210______ ___________________ ___ 32011339_____________________________ 34021523_____________________________ 33787545______________________ 33788563____ 33789P roposed R u le s :

225_______ 33712545_________________________ 34080582_____________ 34080701 ___________________ 32632702 ____________ „ _____ 33244

P ropose» R u l e s :1 _ _ _ ____________2_________3 _______ . . . .4 _____5 ____16___________35___________141_________1154__________157__________201______ _260__________

_____ 3276333378, 34304_____ 32763______ 32763____ 32763

_____ 32763____ £ 3276432153-32155_____ 3430433241, 33378_____ 3215632154, 32155

13 CFR 19 CFR108_____________________________ 33689121__________ 32901301______ 32979P roposed R u le s :

121__________________ _______ 3233414 CFR30____________________ 32011,

32324, 32325, 32549, 32550, 32603,32734, 32901, 32902, 32980, 33203,33308, 33889, 33690, 33790, 33791,34054

71_______ _____________________ 31881,32012, 32325, 32550, 32603, 32734,32902, 32903, 32980, 32981, 33309,33310, 33311, 33506, 34267

73---------------------------------------------- 3232575______________ ________________ 3405593---------------------------------- ------- 3255195------------------------------------ ---------- 3232697____ _______ 31881, 32327, 33204, 33792221--------------------------_-----------------31882288_____________________________ 32013372a_____________________________ 32013P roposed R u l e s :

3 9 „ 32332, 32333, 33233, 33234, 3380671-------------------------------------- 32333,

32758, 32920, 33009, 33010, 33234, 33377, 33540, 33807, 34299

73------------------- _ -----------32759121------------------ _ 31913, 32920, 33234

I ------------------------------------- 3290310------------------ ------------------ 32015, 33794II ----------------------------- 3201512------------------------------------ 3201518 --------------------- 3201519 --------------- 3201524 ----------------------- 3201525 _____ 32015113 ---- 32015114 - 32023133— _________ 32023141 ------------------------ 32023142 ------------------------------------ 32023159------------------ ------- 32903, 32904, 33207172------------------ 32023175______ 33207P roposed R u l e s :

1___________6_________133_________141_________151 ____152 __ _

20 CFR405----------------------------------- 32327, 33690416---------------- 32024, 32982, 33207,33794P roposed R u l e s :

404_____________ 32757, 33377, 33804405— ------------------------------- 33539416--------------------------- 32757, 34060

333603322733803320353322733003

16 CFR

13----------------------------------- 32555-32557,33506-33508, 33793, 34021

1512________________________ :___ 32903P roposed R u le s :

Ch. I_______257_________436_________1120— ___________

34382329233263131916

17 CFR1___;______________

2_________211_________________—

231_______________240 ____i____241 _________ _________ _________ _________271______________ _P roposed R u le s :

240__________

32981333783189431894325573189432129

.31920, 34082

18 CFR2_____141—157____703____

33205340303320531896

21 CFR2-------------------------------------- 31898,325583__-------------------------- 341728—1_______ 3298319— _________________________ 3298330_________________ 3260450 ---------------------;__________ 3366351 ___ 3426853__ _________________ ____ 31898, 33663121___________________ ______:__ 31899,

32735, 32983, 33207, 33509, 34172- 34192

135-------------------------------------------- 34030135a_______________ 32025, 32735, 32736135b______________________ 33509, 33663135c____ ____.___________________ 32984135e___ 32736, 32983, 33663, 33797, 34030146___________ 33664310_____________________________ 32907331___________________________ 32736332_____________________________ 32736429___ 33664430— ______ 34031436----------------- 34031431- __________________ 33664440—_______________________ 34032444_____________________________ 33666446______________________________ 33666

21 CFR— Continued Page448-------- ---------------------------- _— --------- 336671000-------- ------------ ------------------- -------- 33510P roposed R ules :

1— -------------------32616, 33229,3353815-----------------------------------------------3353917--------- 3275320---------------------------------------------- 32562100----------------- ___---------------------326I6102--------------------------------------------- 326I6121----------------------- 33804, 34194-34217132— _-------- 32146310------------------------------------- 33102328----------- ■-------------------------— 33539333----------------------------------— „33103610------------- ------------- --------------- 34297620— ------------rii------ ------------------- 34297700-------- --------------------------------- 331021010-------------- 320941040----------------- 320941401----------------------------------------- 33804

22 CFR51-------------------------- 32984211----------------------------------------- .-------- 3366823 CFR620---------------------------- 33311630— _______ 33670655______ 33208712____________ 32604,33312,33797,34277752 ----------------------------------- 32031753 _________ _________ _________ .__________________ 32032P roposed R u le s :

751-------------- 33010772___ 32616810_____________________________ 32298

24 CFR201---- 32432203-------------------------- --------- 32026,32432205— --------------------------------- 32026, 32435207------------------------------------ 32026, 32435213------------------------------- I___ 32026, 32435220 ------------------ 32026, 32433, 32435221 ___________________________ 32026, 32433, 32436222 _____ 32433227— ____ 32436231____ 32436232_-------------------------------- 32026, 32436234--------------------------- 32027, 32434, 32436235.:--------------------------;______ 32027, 32434236--------—_________________ 32027, 32437241 ______________ ;__________ 32027242 ----------------------------- 32027, 32437244______ __________________ 32027, 32437275_____________________ 33510,34268401_____________________ ,_________ 32736410______ 327361914-------------------------;_____ 32881-32884,

33511, 33680, 33681, 34034, 34035 1915------ 32329, 32885,32892, 34269, 34277P roposed R u le s :

570__________________ 33482

25 CFR35________________;_____________ 32741P roposed R u l e s :

12_________________ 3336030__________________________3198491_________________________sias^93______________.____________31989153___________________ ______ 33373

26 CFR420_____ _______________________34053

viii FEDERAL REGISTER, VOL. 39, N O . 186— TUESDAY, SEPTEMBER 24, 1974

FEDERAL REGISTER

27 CFR PageProposed R u l e s :

8 33359, 34294______________________ ___ 33535

28 CFR 2 - 31882

29 CFRR11 ____________ 33797701 I I - - - - - - - - - - - __________ 320271953~ — __________ 32905,342772602IIIIIIIIH____________33357, 33698Proposed R u l e s :

5 32920kI " 3292056 - —___________ 3365057"“" _______________________3365058_______________ 33650103---------------- 34081529_________________________ 32037541_________ *____________ _ 333771910—___ 32562, 33009, 33538, 34057

'31 CFR 225____ 32911

32 CFR166___________________—_______ 32985174_______________ 31899807__________________ - _________33797835____________________________ 32980888________________________ ;___ 33523888b____________ 3352332A CFRCh. I__________________________ 34035Proposed R u les :

Ch. VI_________ ________- ___33008

33 CFR3______________ _________32131, 3255874_____________________________ 34036117__________ 32986, 32987, 33671, 33798128______ 32132151___ 31901Proposed R u les :

80______ ____,____ __________ 3370990___________ i_____________ 3370995____________ 33709117_____ _____________ 33710,33805204______ ;____ 32029,32912, 33003

34 CFR212—__________ ____________ ___32559213------------------------------------- 3213436 CFR1 ----------------- 33313252---------------------- 32029327______ 32111APropos® R ules :

7------- 33375202______________________ ______32631

1------------------------------ 3337638 CFR2 -—------------------------------------- 32987

32987

38 CFR— Continued Page Proposed Rules:

21 __ ___________________ 3215736 _ - 33809

3T CFR

45 CFR—Continued801_ ---- ------------------- -

.1061_____ ___ — ___________19.11 _____Proposed Rules:

224’___________________________2Rft1215191«

601 ______ ___________ „32912 T9T9191»

959 _________________________ 33213 T9 T9 ......

Proposed Rules:123 ___________________— 32036124 - 32036

1340___________ ___________46 CFR

40 CFR12 __________________ 32989 73 .............._52 ________________ __________ 31903;

32111A, 32113, 32329; 32559; 32606, 33313, 33512, 33798

or _ 32609.32612169_________ —___—____ ———----------33512tfln 31903. 32912. 33314. 33315408 ____________________ 32993419 ____________ - _____ 32614Proposed Rules:

35 ______________________ 33236

146— ___________________________' I47____________ '__________________147 A__________ ‘__________________178— ___________________________179____________________________ —308_______________________________401____________ ________________502________ ________________ 33221Proposed Rules:

30 ____1__________51 _ _ 3287152 __________ __________ 31918,

32563, 32759, 33236, 33808, 34064, 34070, 34066, 34068, 34302, 34303

55____________________________ 32624

31______________________ _____32____________________________33 ________ : ______________________3 4 _____________________35 _____________________

¡1------------- — : : : : : : : : : y ì 9o ì , 3260541----------------------------- 31901, 31902,34036

60 __________________ -____ 3285287 ____________ 32631180 ___________________ 31919, 31920406____________________ 33470416_____________________ 33890

41 CFR5A-1______ 335165A-3___________________________ 335165A-6___________________________ 342785A-16_________Ü_____________320297-7_____________________________ 335177 - 15-_____________________ - ____ 335178- 1________________ 3299515-1____ 3379960______________________________ 32615101-26_______ 33315114-43_______ 31904114-60—_______________- ________ 3427942 CFR37____________ 3351850____ 33782100_____________________________ 32029P roposed R u l e s :

Ch. I________________ 3380472__________________________ 32035

43 CFR18___________________ 3321627____ 34282P ublic L and O rders:

5433___ __________ — _______ 33316P roposed R u l e s :

2800_________________________319064110________________________ 335354120____________________ 335354130______ 33535

45 CFR233____ 34037250____ 32739

Page

33519

33322

40__________________________ 33711151_________________________ 32147, 33711254_________________________ 34296531— ____ - 32036

47 CFR0________» . _____ _______________ 332262_______________________________ 3322621_______________________ -____— 3352725______________________________ 3352731— __________________________ 3301343—__ - _________________________ 3190473____ ^___________ _ 32560,33013, 3352776____________ 3352881_____________ ,________________ 3256095___ 33671P roposed R u l e s :

2______________ ________ 32148, 3256631_______________________________ . 3263173_________ 32148,

33237, 33239, 33240, 34070, 3407176_____________________ 32036, 3354083-__ __________________ —— 3215089___________________________ 3214891____ _____ ._______________ 3214897____ 32567

49 CFR171 __ ___— ________________ 32615172 ___________________________ 32615, 33532173 _________________ 32615, 32912, 33532174 ____________________ — 32615, 33532175 _____ 32615177*________ 32615178 ______________________ - ____32615179 _____________________ :_______ 32912389 _________________- ___________ 32561390 ____________________________32561391—___________________________ 32561396______________ 32561397___ 32561393_.______________ !_____________32135571_____ 32030,32321,32739.32914, 33337

FEDERAL REGISTER, VOL. 39, N O . 186— TUESDAY, SEPTEMBER 24, 1974 ix

FEDERAL REGISTER

49 CFR— Continued Page1033____ 32137, 32138, 33000, 33001, 332261048_______________________ 338001201 ______________________ 33337, 340391202 _______________ ______ 33339,340401203 _____________________ _ 33341,340421204— — — _______________ 33343, 340431205 ___________________ _ 33345, 340441206 _______________.______ 33347, 340451207 ______________________ 33349, 340471208 _____ _____ ,___________ 33351, 340481209_------------------------------------ 33353, 340491210______ ______ ___________ 33355, 340501243__________________________ 335331300_________________________ 319051307______________________________ 31905P roposed R u l e s :

172— ________ 32624173____ __________________ 32624174— — _____ — — ' 33808177——— ____ —— — 32624178_____ 32624179— -----—— — ___ 32624395_________ ._____ _________ 32620571___ _________ 32624, 34062, 34063

49 CFR— Continued PageP roposed R ules— Continued

575-------——----------- ----- ----- 32563810----------*__ Î__n __ ________322981204----------------------------------- 32333, 335401260 -- 32333, 335401261 ----------------------- 32333, 335401307________________________ 33379

50 CFR20—— ----- ________ 31883, 33001, 3353328—— ___ ____________________ 3429032_____________________________ 32030,

32031, 32116, 32117, 32330, 32331, 32739-32741, 32915-32918, 33001, 33002, 33357, 33533, 33671-33674, 33800, 33801, 34052, 34291-34293

33_— — -------------- ._______— 31894216— ------- ---i^——— 32117251— — —___ ___________ 34052259— ----- ------- — — — 33675P roposed R u le s :

20------------— __ — _____ T___3353532-------------------- —— 31907, 31908

FEDERAL REGISTER PAGES AND DATES— SEPTEMBERPage» Date31872-31996__ ________________ Sept. 331997-32109— _____________ 432111-32315____________ 532317-32536_________________ 632537-32600— ______ _______— 932601-32731_________________ 1032733-32879___ H32881-32973——________ 12

Pages Date32975-33195_____________ — Sept. 1333197-33292____ —_______ —___ 1633293-33498_____ 1733499-33660—_______ 1833661-33783— ___ ___ 1933785-34017________ ________ 2034019-34257___—________________ .___— 2334259-34391______________ 24

FEDERAL REGISTER, VOL. 39, N O . 166— TUESDAY, SEPTEMBER 24, 1974

presidential documents

Title 3—The PresidentPROCLAMATION 4315

Johnny Horizon ’ 76 Clean Up America Month, 1974

By the President of the United States of America

A Proclamation

Although our Nation’s 200th birthday is less than two years away, much has been accomplished through the Johnny Horizon, 76 Program toward improving the environment of Pur country for this historic event. But much remains to be done. T o date, thousands of schools; churches; youth groups; chambers of commerce; conservation, civic and com­mercial organizations and millions of private citizens have joined in partnership with Johnny Horizon ’ 76 in a wide range of projects to create environmental awareness and to beautify America.

Our most precious environment is the area in which we live our city streets and rural towns— and this is where each individual can effectively exercise his responsibility. This has been exemplified by the many action projects which have been undertaken thus far across our country.

W e need to continue these improvements. T o dramatize this need, the Congress has by House Joint Resolution 1070, 93rd Congress, requested the President to proclaim the period of September 15, 1974, to October 15, 1974, as “ Johnny Horizon ’ 76 Clean U p America Month.”

N OW , THEREFORE, I, GERALD R . FORD, President of the United States of America, do hereby proclaim the period September 15 through October 15, 1974 as Johnny Horizon ’76 Clean U p America Month and ask our Nation’s attention to the Johnny Horizon ’7 6 environ­mental awareness and action program for America’s 200th birthday and related Bicentennial activities. I urge representatives of business, industry, labor, Government, civic groups, and other citizens to continue to join together to demonstrate the significant results that can be realized when Americans translate their concern into affirmative action. I further .urge a continuation of neighborhood and community cleanups, beautification

FEDERAI REGISTER, VOL. 39, N O . t « 6 — TUESDAY, SEPTEMBER 24, 1974

34200 THE PRESIDENT

programs, resource recovery and education programs, energy and wild­life conservation efforts and other worthwhile activities.

IN W ITNESS W HEREOF, I have hereunto set my hand this nineteenth day of September, in the year of our Lord nineteen hundred seventy-four and of the Independence of the United States of America, the one hundred ninety-ninth.

[FR Doc.74-22256 Filed 9-20-74 ;2:55 pm]

t

FEDERAL REGISTER, VOL. 39, N O . 186— TUESDAY, SEPTEMBER 24, 1974

THE PRESIDENT 34261

EXECUTIVE ORDER 11805

Inspection by President and Certain Designated Employees of theWhite House Office of Tax Returns Made Under , the Internal Revenue Code of 1954

By virtue of the authority vested in me as President of the United States, and in the interest of protecting the right of taxpayers to privacy and confidentiality regarding their tax affairs consistent with proper internal management of the Government, and in the further interest of maintaining the integrity of the self-assessment system of Federal taxation, it is hereby ordered that any return, as defined in Section 301.6103 (a ) - l of the Treasury Regulations on Procedure and Administration (26 CFR Part 301) as amended from time to time, made by a taxpayer in respect of any tax described in Section 301.6103(a)—1 (a ) (2 ) of such regula­tions shall be delivered to or open to inspection by the President only upon written request signed by the President personally.

Any such request for delivery or inspection shall be addressed to the Secretary of the Treasury or his. delegate and shall state: (i) the name and address of the taxpayer whose return is to be inspected, (ii) the kind of return or returns which are to be inspected, and (iii) the taxable period or periods covered by such return or returns.

In any such request for delivery or inspection, the President may designate by name an employee or employees of the White House Office who are authorized on behalf of the President to receive any such return or make such inspection, provided that the President will not so designate an employee unless such employee is the holder of a Presidential com­mission whose annual rate of basic pay equals or exceeds the annual rate o f basic pay prescribed by 5 U.S.C. 5316. No disclosure of such return, or any data contained therein or derived therefrom shall be made by such employee except to the President, without the written direction of the President.

All persons obtaining access to such return, or any data contained therein or derived therefrom shall in all respects be subject to the pro­visions of 26 U.S.C. 6103, as amended.

T he W h ite H ouse,September 20, 1974.

[FR Doc.74-22293 Filed 9-20-74 ;4 :42 pm]

FEDERAL REGISTER, V O L 39* N O . 186— TUESDAY, SEPTEMBER 24, 1974

34263

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

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

REGISTER Issue of each month.

Title 7-— AgricultureCHAPTER I— AGRICULTURAL MARKETING

SERVICE (STANDARDS, INSPECTIONS, MARKETING PRACTICES), DEPART­MENT OF AGRICULTJRE

PART 46— REGULATIONS (OTHER THAN RULES OF PRACTICE) UNDER THE PERISHABLE AGRICULTURAL COM­MODITIES ACT, 1930

Monetary PenaltyPursuant to the authority contained in

section 15, 46 Stat. 537, as amended; 7 U.S.C. 499o, the regulations, other than rules of practice (7 CFR Part 46), under the Perishable Agricultural Commodities Act, 1930, are hereby amended to add a new center heading and section as follows:

M isrepr esen tation o r M isbran d in g

§ 46.45 Monetary penalty.(a) Procedure in administering section

2(5) of the Act. In administering Section 2(5) of the Act, the Department will con­sider taking one of the following actions with regard to persons violating that sec­tion of the Act:

1. A person who violates section 2(5) of the Act will be given a written warning of the violation and be advised to take corrective action so that further viola­tions will be avoided; or

2. Such person may, with the consent of the Secretary, settle his liability for such violation by admitting the violation in writing and paying a penalty in an amount satisfactory to the Secretary, not to exceed $2,000, in lieu of formal dis­ciplinary action. The admission of such violation and payment of the monetary penalty assessed will be in lieu of a for- _ mal disciplinary action based solely on such violation. However, in the event of a formal proceeding to suspend or re­voke the license Of such person because he has committed other violation (s) of section 2 of the Act, the violation thus admitted may be used as a part of the evidence to support such a proceeding; or

3. Such person will be subject to a formal proceeding for suspension or revocation of license for repeated or flagrant violations of the Act.

(b) Any monetary penalties paid will be deposited into the Treasury of the United States as miscellaneous receipts. These regulations are necessary to carry mit the intent of the amendment to the Act, effective August 10, 1974 (Pub. L. 93-369).

The amendment authorizes the Secre- t h *0 permlt'a Person who has violated ■he Act by misrepresenting or misbrand-

ing fruits and vegetables shipped, sold, or offered for sale in interstate or foreign commerce, to pay a monetary penalty in lieu of a formal proceeding to suspend or revoke his license if the person admits the violation and pays the penalty. This monetary penalty is an additional sanc­tion available against persons violating Section 2(5) of the Act.

Since the authority to assess this monetary penalty is provided in the statute, as amended, notice of proposed rulemaking is unnecessary and this amendment becomes effective on Sep­tember 24,1974.

Done at Washington, D.C., this 19th day of September 1974.

E. L. P e t e r so n , Administrator,

Agricultural Marketing Service.[PR Doc.74-22167 Piled 9-23-74:8:45 am]

CHAPTER XVIII— FARMERS HOME AD­MINISTRATION, DEPARTMENT OFAGRICULTURE

SUBCHAPTER D— GUARANTEED LOANS [FmHA Instructions 449.1 and 449.2]

PART 1842— BUSINESS AND INDUSTRIAL LOANS

Revision of PartPart 1842 of 7 CFR Chapter X V m

(38 FR 29047; 38 FR 32921; 39 FR 16117) is revised and reissued. This revision makes the following changes and addi­tions:

1. Refers to the regulations as such, rather than calling them the Handbook.

2. Corrects editorial errors, changes the order of some sections and clarifies others.

3. Sets requirements for financing housing developments in rural areas under 10,000 population.

4. Makes production of agricultural products an ineligible loan purpose, ex­cept in certain cases.

5. Provides for the value of security to be determined by appraisal.

6. Provides for feasibility studies and consultants.

7. Provides for joint financing.8. Provides for variable interest rates

on loans made by the Banks for Coop­eratives under a memorandum of under­standing between FmHA and the Farm Credit Administration. .

9. Provides for insured loans to pub­lic bodies, nonprofit associations and Indian tribes.

10. Establishes priority categories for projects to be funded.

11. Details FmHA's evaluation of proposed projects.

12. Exempts small rural business en-* terprise loans from A-95 review require­ments.

13. Provides for a maximum interest rate for nonprofit associations and In­dian tribes on community facility loans.

14. Provides for veterans preference.15. Clarifies the submission of appli­

cations from cooperatives to the Bank for Cooperatives.

16. Defines community facilities loans to public bodies and restricts use of loan funds for improvements erected on in­dustrial park sites. Permits the use of funds for construction and equipment of industrial plants for lease. Restricts use of funds for operating such busi­nesses.

17. Provides for the type and fre­quency of financial statements and re­ports required of the guaranteed loan borrowers.

18. Includes eligibility criteria pub­lished at (39 FR 26914) as a proposal and withdrawn effective with this over­all revision of Part 1842.

These regulations are not issued for proposed rulemaking because pending applications would be delayed and such delay would be contrary to the public interest.

Interested persons are invited to sub­mit written comments, suggestions, or objections regarding this new Part 1842 to the Deputy Administrator Comptrol­ler, Farmers Home Administration, U.S. Department of Agriculture, Room 5007, South Building, Washington, D.C. 20250, on or before October 24, 1974. Material thus submitted will be evaluated and acted upon the same manner as if this document were a proposal. All written submissions made pursuant to this 'n o­tice will be made available for public in­spection at the Office of the Deputy Ad­ministrator Comptroller during regular business hours (8:15 a.m.—4:45 p.m.).

As revised, Part 1842 reads as follows:Sec.1842.1 Introductory information.1842.2 Definitions.1842.3-1842.10 [Reserved] ^1842.11 General.1842.12 [Reserved]1842.13 Loan purposes.1842.14 Ineligible loan purposes.1842.15 Rural area determination.1842.16 Environmental impact state­

ments.1842.17 Department o f Labor (DL)

determinations.1842.18 Flood hazards.1842.19 Consultants and feasibility

studies.1842.20 Joint financing.1842.21 Applicant equity.1842.22 Collateral.1842.23 Interest rate to borrower.1842.24 Maturity.

FEDERAL REGISTER, VOL. 39, NO. 186— TUESDAY. SEPTEMBER 24, 1974

342M

Sec.1842.25 Repayments.1842.26 Compensation for loan serv­

ices.1842.27 Qualifications o f specialists.1842.28 Change orders. 1842.29-1842.30 - [ Reserved 11842.31 Application and loan proc­

essing.1842.32 Lender evaluation.1842.33 Request for Contract of

Guarantee.1842.34 FmHA evaluation.1842.35 Conditional guarantee com­

mitment.1842.38 Review of requirements.1842.37 Loan closing.1842.38 FmHA investigation.1842.39 Issuance o f Contract of

Guarantee.1842.40-1842.60 [Reserved]1842.61 Insured loans.1842.62-1842.70 [Reserved]1842.71 Financial reports and audits.1842.72-1842.80 (Reserved]1842.81 FmHA forms.

AuTHOKrrr: <7 TJJ3.C. 1989); Order o f Sec­retary o f Agriculture, 7 CFR 2.23; Order o f Assistant Secretary o f Agriculture for Rural Development, 7 CFR 2.70.§ 1842.1 Introductory information.

This Part 1842 supplements the provi­sions of Part 1841 of this chapter with re­spect to Business and Industrial (B&I) loans guaranteed by the Farmers Home Administration (FmHA) and is appli­cable to lenders, borrowers, and other parties involved in making, guarantee­ing, insuring, servicing, and liquidating B&I loans as defined herein. FmHA shall cooperate fully with appropriate State agencies in the guaranteeing and Insur­ing of loans in a manner which will as­sure maximum support o f the State’s strategies for development of its rural areas. State and substate A-95 agencies may recommend priorities for applica­tions (except that applications for small business enterprise loans shall not ordi­narily be subject to the A-95 review proc­ess). FmHA will fully consider all A-95 review comments and A-95 agency pri­ority recommendations in selecting ap­plications for processing. For informa­tion concerning FmHA insured loans, see § 1842.61.§ 1842.2 Definition».

The following definitions, in addition to those in § 1841.3 of this chapter, are applicable to the terms used in this chapter and related forms used for B&I loan guarantees:

(a) Applicant <for loan). An appli­cant may be a cooperative, corporation, partnership, trust, or other legal entity organized and operated on a profit or nonprofit basis, an Indian tribe on a Federal or State reservation or other federally recognized tribal group, a mu­nicipality, county, or other political sub­division of a State, or an individual engaged or proposing to engage in im­proving, developing, or financing busi­ness, industry, and employment and im­proving the economic environmental climate, including pollution abatement and control in rural areas.

(b) Development, cost. These costs in­clude, but are not limited to those for acquisition, construction, repair, or en-

RULES AND REGULATIONS

largement of the proposed facility, purchase o f buildings, machinery, equip­ment, land, easements, rlghts-of-way; payments o f appraisal, engineering and legal fees, and administrative costs; pay­ment of start-up operating costs, and interest during the period before the first principal payment becomes due, including interest on interim financing.

(c) Insured loan. A loan made and serviced by FmHA with funds from the Rural Development Insurance Fund.

(d) Joint financing. Occurs when two or more public or private lenders (or any combination of such lenders) make separate loans to supply the funds re­quired by one applicant. FmHA may guarantee such loans, except loans made, insured, or guaranteed by other Federal or State agencies.

(e) Pollution abatement. Reduction of-pollution of air, noise, land, or water.

<f) Pollution control. Keeping pollu­tion of air, noise, land, or water under established limits.

(g) Public body. A municipality, po­litical subdivision, public authority, dis­trict, or similar. organization.

(h) Rural area. May include all terri­tory of a State, the Commonwealth of Puerto Rico or the Virgin Islands, that is not within the outer boundary of any city having a population of fifty thou­sand or more and its immediately ad­jacent urbanized and urbanizing areas with a population density of more than one hundred persons per square mile, as determined by the Secretary of Ag­riculture according to the latest decen­nial census of the United States.

(i) Working capital. The excess of current assets over current liabilities.. It identifies the relatively liquid portion of total enterprise capital which consti­tutes a margin or buffer for meeting ob­ligations within the ordinary operating cycle o f business.§ 1842.3— 1842.10 [Reserved]§ 1842.11 General.

(a) FmHA may guarantee B&I loans made by lenders to eligible applicants in rural areas. The lender processes the loan application and presides over the loan closing. The holder is responsible for servicing the loan until final set­tlement. Loan collection and liquida­tion are two of the servicing functions.

<b) FmHA will not guarantee a loan made by other Federal agencies.

(c) Inability to obtain credit else­where is not a requirement for guaran­tee assistance under this regulation.§ 1842.12 [Reserved]§ 1842.13 Loan purposes.

Loans must be for improving, devel­opment or financing o f business, indus­try, and employment and improving the economic and environmental climate, and may include but not be limited to:

(a) Financing business and industrial acquisition, construction, conversion, en­largement, repair, or modernization.

(b) Financing the purchase and de­velopment of land, easements, rights- of-way, buildings, equipment, facilities,

long-term leases, leasehold Improve­ments, machinery, supplies, or materials.

(c) Financing the development of housing development sites located in open country or towns or villages of not over 19,000 population, provided the community demonstrates a need for ad­ditional housing to prevent a loss of jobs in the area, or to house families moving to the area as ^ result of new employ­ment opportunities.

(d) Financing pollution control and abatement incident to industrial devel­opment.

(e) financing transportation services incident to industrial development.

(f) Payment of start-up costs and supplying working capital.

<g) Payment o f interest during the period before the first principal becomes due, including interest on interim financing.

<h) Payment of appraisal, engineering, legal, and other fees and costs as pro­vided in § 1842.26.

(i) Loans ordinarily will not be made for refinancing debts, except that with prior approval of the National FmHA Office, loans may include funds for re­financing when such refinancing is necessary to the success of the project and arrangements for continuation with the present lender cannot be made.§ 1842,14 Ineligible loan purposes.

Loans may not be guaranteed if the funds are used:

<a) To pay off a creditor in excess of the value of the security.

(1) Value of security will be deter­mined by appraisal.

(2) If security is $100,009 or less, FmHA will make the appraisaL

(3) If security is more than $100,000, an independent appraisal will be made and paid for by the lender or applicant.

(b) For distribution or payment to the owner, partners, members, shareholders, or beneficiaries of the applicant or lender or members of their families.

(c) For any project that is calculated to or likely to result in the transfer of any employment or business activity from one area to another. This limita­tion shall not prohibit assistance for the expansion o f an existing business entity through the establishment of a new branch, affiliate, or subsidiary of such entity if the expansion will not result in an increase in the unemployment in the area of original location or in any other area where such entity conducts business operations, unless there is rea­son to believe that such expansion is being established with the intention of closing down the operations of the exist­ing business entity in the area of its original location or in any other area where it conducts such operations.

<d) For any project which is calculated to or likely to result in an increase in the production of goods, materials, or com­modities, or the availability of services or facilities in the area when there is not sufficient demand for such goods, ma­terials, commodities, services, or facili­ties to employ the efficient capacity of existing competitive commercial or in­dustrial enterprises, unless such financial

FEDERAL REGISTER, VOL. 39, NO. 186— TUESDAY, SEPTEMBER 24, 1974

or other assistance will not have an ad­verse effect upon existing competitive enterprises in the area.

(e) For projects for the production of agricultural products. This does not pre­clude loans for processing or marketing facilities, hatcheries, commercial nurs­eries, or integrated poultry operations where ownership of such poultry is re­tained by such operators.§ 1842.15 Rural area determination.

FmHA shall make the determination as to whether the area is rural as de­scribed in § 1842.2<h).§ 1842.16 Environmental impact state­

ments.The need for an environmental im­

pact statement will be determined by FmHA in accordance with Part 1824 of this chapter. If a statement is required, the applicant will furnish any informa­tion for its preparation on Form FmHA 449-10, “Applicant’s Environmental Im­pact Evaluation,” to the lender for trans­mittal to FmHA.§ 1842.17 Department o f Labor (D L )

determination.A Contract of Guarantee shall not be

issued if the Secretary of Labor certifies within 60 days after the matter has been submitted to him by the Secretary of Agriculture that the provisions of § 1842.14 (c) and (d) have not been com­plied with. Information for obtaining this certification will be submitted in writing to FmHA for transmittal to DL. When requested by FmHA, the applicant will submit:

(a) Form FmHA 449-22, “Certificate of Non-Relocation.”

(b) Form FmHA 449-23, “Market and Capacity Information Report.”§ 1842.18 Flood Hazards.

If the project is located In a flood plain, a Conditional Commitment for Loan Guarantee will not be issued without a prior determination by FmHA that the likelihood of flood is of little significance to the loan.

(a) The applicant and tender will evaluate flood hazards in connection with the project facilities. In order to minimize the exposure of such facilities to potential flood damage and the need for future Federal expenditures for flood protection and flood disaster relief, they will, as far as possible, preclude the un­economic, hazardous, or unnecessary use of flood plains for such projects. Their evaluation report will be made to FmHA.

(b) The applicant will be required to obtain flood hazard insurance prescribed by the National Insurance Adminis­tration, Department o f Housing and Ur­ban Development, if it is available in the project area.§ 1842.19 Consultants and feasibility

studies.Studies by independent, recognized

consultants will be required of applicants requesting loans of one million dollars or more to determine the economics and feasibility of the project. FmHA may

RULES AND REGULATIONS

grant an exemption from this require­ment when the credit factors presented in the application indicate that an out­side, independent feasibility study is not necessary for a sound credit determina­tion to be reached. The cost of any feasibility study will be borne by the ap­plicant requesting the study and may be paid from funds included in the loan.§ 1842.20 Joint financing.

FmHA may guarantee or insure loans to eligible applicants to enable them to obtain joint financing for eligible loan purposes. Such joint financing may con­sist of FmHA loans and financial assist­ance from the Economic Development Administration (EDA), the Department of Housing and Urban Development (HUD), Small Business Administration (SBA), other Federal and State agen­cies, and private and quasi-public financ­ing institutions. When joint financing is involved, the FmHA guaranteed or in­sured loan must comply with the require­ments of Parts 1841, 1842, and 1823 of this chapter.§ 1842.21 Applicant equity.

The applicant will be required to con­tribute sufficient tangible assets to pro­vide reasonable assurance of a successful project. Normally, a minimum of ten per­cent may provide reasonable assurance of success; however, FmHA may require more equity depending on all the other credit factors present in the particular project. The total financing program, in­cluding equity and debt, shall include real estate, machinery and equipment, and working capital in sufficient amounts to assure the success of the project.§ 1842.22 Collateral.

(a) Collateral must be of such a na­ture that, when considered with the in­tegrity and ability of the project man­agement, the soundness of the project, and the applicant’s prospective earnings, repayment of the loan will reasonably be assured.

(b) Full personal guarantees o f prin­cipals of applicant and/or related cor­porate guarantees by closely held cor­porate applicants or by the parent cor­poration of Subsidiary corporate appli­cants, secured by collateral where deemed necessary, will be ordinarily required.

(1) Such guarantees should be under­stood to provide not only additional col­lateral benefits, but also the necessary personal involvement o f the principals required to provide assurance of continu­ity of job opportunities.

(2) Applicants will provide, in the case of personal guarantors, current (not over 90 days old at the time of filing) per­sonal financial statements signed by both husband and wife disclosing commun­ity and individual assets and indebted­ness.§ 1842.23 Interest rate to borrower.

(a) The interest rate on BAI guaran­teed loans, subject to the approval of FmHA will be negotiated between the lender and the applicant at a rate that

34265

shall be legal and reasonable. H ie rate of interest will remain constant during the term o f the loan.

(b) Under a memorandum of under­standing between FmHA and the Farm Credit Administration dated July 23, 1974, the interest rate on loans made by the Bank for Cooperatives may be a vari­able rate based on their administrative and borrowing costs.

(c) Insured loans to private parties (private entrepreneurs), public bodies, nonprofit associations, and Indian tribes shall bear interest at a rate prescribed by the Secretary of Agriculture, which is to be not less than a rate determined by the Secretary of the Treasury, taking into consideration current average mar­ket yield on outstanding marketable ob­ligations o f the United States comparable to the average maturities of such loans, adjusted in the judgment of the Secretary of the Treasury to provide for a rate comparable to the rates prevailing in the private market for similar loans and considering the Secretary’s insurance of the loan, plus an additional charge to cover losses and cost of administration. The prescribed rate shall be adjusted to the nearest one-eighth of one percentum and shall be announced periodically. However, loans to public bodies and non­profit associations and Indian tribes used to finance community facilities for the purpose of developing private business enterprises shall bear an interest rate of five (5) percent. (See § 1842.61fa))

* § 1842.24 Maturity.The maximum final maturity of an

FmHA guaranteed loan will be limited to ; Thirty years for land, buildings, and per­manent fixtures; the usable life of the machinery and equipment purchased with loan funds, but not to exceed fif­teen (15) years; and seven years for the working capital portion of the loan.§ 1842.25 Repayments.

Principal and interest on the loan will be due and payable as provided in the promissory note. Ordinarily, such install­ments shall be scheduled for payment as agreed upon by the lender and applicant but on terms no more liberal than the projected cash flow indicates. However, the first installment to include a repay­ment of principal may be scheduled for payment after the project is operable and has begun to generate income, but such installment will be due and payabls within three years from the date of the promissory note. Interest will be due at least annually after the loan is closed. All of the loan may be repaid without penalty at any time before it is due. Additional payments may be made at times and in amounts as specified in the promissory note. Normally, monthly pay­ments will be expected, except for sea­sonal-type businesses.§ 1842.26 Compensation for loan serv­

ices.Loans may include funds for reasona­

ble costs incurred for services rendered by accountants, appraisers, architects,

FEDERAL REGISTER, V O L 39, N O . 18«— TUESDAY, SEPTEMBER 24, 1974

34266

attorneys, engineers, and other parties for services in connection with prepara­tion of the loan application, making the loan, developing the project, and verifi­cation of proper project completion. However, the applicant may not pay from loan funds nor from its equity contribu­tion, nor include such fees in calculat­ing its equity contribution, any costs for such services in excess of the reasonable value thereof as approved by FmHA. (See § 1841.12 of.this chapter for restric­tions.)§ 1842.27 Qualifications o f specialists.

The applicant and lender will be re­sponsible for determining that account­ants, appraisers, architects, attorneys, engineers, and other parties furnishing services in connection with preparation of the loan application, making the loan, developing the project, and verifying proper project completion have the nec­essary qualifications and experience to properly perform the services involved.§ 1842.28 Change orders.

All construction contract changes will be authorized by written change orders. Changes within the scope of work which do not result in an increase in the total contract cost or in additional time which might adversely affect the project may be approved by applicant or lender. All other changes must be approved by FmHA.§§ 1842.29— 1842.30 [Reserved]§ 1842.31 Application and loan process­

ing.(a) Applications from cooperatives.

Applicants eligible for loans from the Bank for Cooperatives will be encouraged to obtain guaranteed loans from that source since the Bank for Cooperatives is experienced in making and servicing such loans and can provide substantial counsel to the applicant. All insured loan applications must be submitted to the Bank for Cooperatives as a test for credit elsewhere when an insured loan is being considered.

(b) Small Business Administration (SBA). All applicants for loan guaran­tees eligible for SBA assistance will be advised by the FmHA State Director at the time of receipt of the preapplication of the availability of such assistance and encouraged to apply to that agency.

(c) Filing preapplications. Applicants will file a lettertype preapplication which may be prepared either by the applicant or the prospective guaranteed lender. The preapplication shall include the name of the applicant, loan amount requested, name of the proposed guaranteed lender, a brief description of the proposed proj­ect which should include an estimate of the type and number of employment op­portunities to be generated and the amount of the applicant’s equity. Appli­cants should also attach copies of finan­cial statements and other pertinent information.

(d> Preliminary determination by FmHA. FmHA will review the preappli­cation and if it appears that the loan

RULES AND REGULATIONS

would be for an eligible project located in a rural area, FmHA will:

(1) Request the applicant to submit it to the A-95 agency. If it is for a small rural business enterprise loan with no significant economic or environmental impact outside the community in which it is located, it is exempt from A-95 re­view requirements, but a copy marked for information only must be sent to the A-95 agency.

(2) In selecting projects, give due con­sideration to state development strate­gies, clearinghouse comments and pri­ority recommendations and assign pri­orities in the following order to:

(i) Those projects which will save existing jobs.

<ii) Those projects which will enlarge, extend, or otherwise improve existing businesses and industries.

(iii) Those projects which will create the most permanent employment oppor­tunities.

(iv) Those projects which will gener­ate little or no permanent employment opportunities beyond the entrepreneur himself.

(3) Cooperate with all Federal, State, substate, regional, and local planning and development agencies and officials involved in project selection and imple­mentation.

(4) Give priority to projects in areas other than cities having a population of more than 25,000.

(5) Where applications on hand other­wise have equal priority, the application from a veteran will have preference. A veteran is a person who has been dis­charged or released from the active forces of the United States Army, Navy, Air Force, Marine Corps, or Coast Guard under conditions other than dishonor­able, and served on active duty in any such forces:

(i) During the period of April 6, 1917, through March 31,1921;

(ii) During the period of December 7, 1941, through January 21, 1955; or

(iii) For a period of 180 days or more, any part of which occurred after Janu­ary 31, 1955.

(e) Application conference. If the guarantee or insurance authority is available and the application is to be further processed, FmHA will so inform the lender and will arrange an applica­tion conference with the prospective ap­plicant, the lender, and other appropri­ate parties.

(1) If it appears at the conference that the applicant is eligible as to area, location, credit, type of project, loan purpose, loan amount and project prior­ity, the applicant will be informed that it may prepare and submit to the lender Forms FmHA 449-22, FmHA 449- 23, FmHA 449-1, “Application for Loan and Guarantee,” with attachments, FmHA 449-2, “Statement of Collateral,” FmHA 400-1, “Equal Opportunity Agree­ment,” if construction costing more than $10,000 is involved, and FmHA 449-4, “Statement of Personal History.” Form FmHA 449-4 will be submitted for each partner, officer, director, key employee or stockholder holding 20 percent or more interest in the applicant.

(2) If it appears at the conference that the applicant is not eligible for the requested assistance, the lender and the applicant will be informed in writing by FmHA. Such notification will include the reasons for ineligibility.§ 1842.32 Lender evaluation.

When the material required by § 1842.- 31(e)(1) is received by the lender, it will conduct the necessary investigations to determine the soundness of the pro­posed loan. If the lender believes that the proposed loan would be sound and is still interested in making it if an FmHA Contract of Guarantee can be obtained, the lender will request a Contract of Guarantee. The basic purpose of this re­quest is to obtain the issuance of a Con­ditional Commitment for Guarantee.§ 1842.33 Request for Contract of

Guarantee.This request will be made by an ap­

proved lender on Form FmHA 449-1. Among other things, the request will ad­vise FmHA that the lender considers the proposed loan to be sound and believes that all FmHA requirements will be met. Along with the request, the lender will submit to FmHA:

(a) Forms FmHA 449-1 with attach­ments, and FmHA 449-2, FmHA 449-4, FmHA 449-10, and FmHA 400-1 if con­struction costing more than $10,000 is in­volved, the engineering plan and draw­ings, appraisal reports, and any other material developed concerning the loan up to that date. Detailed preliminary plans and specifications required by item 10(e) of Form FmHA 449-1 must contain the comments, necessary certifications and recommendations of appropriate regulatory or other agency having juris­diction over the project.

(b) An economic and technical feasi­bility project study acceptable to FmHA covering engineering aspects especially for new or innovative machinery and equipment, processes, and procedures; sources, adequacy and required training of management personnel and labor sup­ply; adequacy and sources of raw ma­terials and supplies; adequacy of build­ings, land development, and transporta­tion; market study; and statements from public utility officials that there is rea­sonable assurance that the project site will be adequately supplied with power, water, and waste disposal service.

(c) Credit analysis, report, conclusion, and recommendations.

(d) Statement from lender and appli­cant that all things necessary for success of the enterprise will be available at the beginning of operations.

(e) Advice as to whether all or any part of the project is or will be located in a flood plain and whether flood insur­ance is available and being required.

(f) Any additional information re­quired by the DL as a basis for its deter­minations with respect to .transfer of employment or business activity from one area to another and the effect of the project on existing competitive enter­prises in the area.

(g) Any additional inf ormation needed to enable FmHA to pass on the request

FEDERAL REGISTER, VOL. 39, NO. 186— TUESDAY, SEPTEMBER 24, 1974

RULES AND REGULATIONS 34267

for issuance of a Conditional Commit­ment for Guarantee.§ 1842.34 FmHA evaluation.

pmHA’s evaluation may include but need not be limited to the following:

(a) The documentation submitted In accordance with § 1842.33 to determine the frind of business, objectives, and loca­tion.

(b) The market feasibility for the product or service.

(c) Technical and financial manage­ment capability.

<d) The availability o f adequate labor, utilities, and supporting services.

(e) The loan, to determine whether the loan amount, with other available re­sources, appears adequate to accomplish the loan purpose.

(f) The necessary start-up capital, operating capital and short-term credit based on past financial statements as well as projected cash flow and earnings statements supported by a listing of as­sumptions showing the basis for the projections.

(g) The collateral to determine Its adequacy.

(h) The applicant’s character.(i) A visit to the applicant’s project

location and possibly to the applicant’s place of business, if it is at a different location, for on-site evaluation and con­sultation. A determination shall be made whether there is reasonable assurance of repayment based on the evaluation.§ 1842.35 Conditional guarantee com ­

mitment.If FmHA decides to guarantee the loan

subject to the conditions set forth in Form FmHA 449-14, “ Conditional Com­mitment for Guarantee,” that form will be executed and forwarded to the lender. If FmHA determines it is unable to guar­antee the loan, the lender will be in­formed in writing. Such notification shall include the reasons for denial o f the guarantee.§ 1842.36 Review o f requirements.

On receipt of Form FmHA 449-14, together with any additional loan guar­antee conditions and requirements, and related forms, the lender shall review and discuss the matter with the applicant to determine whether the conditions and requirements are acceptable. If the terms and conditions are not acceptable to the applicant or lender, they shall inform FmHA of their recommendations and reasons for needed revisions. The appli­cant, lender, and FmHA shall discuss and agree on any changes In the condi­tions and requirements. A conditional commitment for guarantee may be issued prior to receipt of the required DL cer­tification, provided one of the conditions and requirements of the Conditional Commitment for Guarantee will be that the FmHA Contract of Guarantee will be issued only after receipt of a favorable DI certification.§ 1842.37 Loan closing.

The responsibility for closing guaran­teed loans will rest with the lender. Ordi­

narily an FmHA representative will attend preclosing and loan closing meet­ings of applicant and lender. Lenders are responsible for notifying the FmHA County Supervisor o f planned closing dates.§ 1842.38 FmHA investigation.

The FmHA investigation required by § 1841.26(b) of this chapter may be made by a licensed architect or registered en­gineer, as appropriate. These will be in­dividuals who are not associated in any capacity with those who assisted in the construction. The fees of such architects and engineers will be paid by the bor­rowers. The amount of such fees may be included in the loan.§ 1842.39 Issuance o f Contract o f

Guarantee.The Contract o f Guarantee will be ex­

ecuted by the State Director or County Supervisor as detailed in % 1841.27 of this chapter.§§ 1842.40-1842.60 [Reserved]§ 1842.61 Insured loans.

Applications from private parties for whom FmHA and such applicants agree that a guaranteed lender is not available, and from public bodies, nonprofit asso­ciations, and Indian tribes, shall be processed as insured loans in accordance with the applicable provisions o f this chapter and Subpart A of Part 1823 of this chapter, including the credit else­where requirement.

(a) Public bodies and other commu­nity organizations. Loans may be made to finance community facilities for the purpose of developing private business enterprises when the requested loan Is not available under Part 1823 o f this chapter. Community facilities include in­dustrial parks, consisting o f land, the necessary access ways and utilities to the sites, but not improvements erected on such site. Loaps for other than commu­nity facilities may be made for the pur­pose of constructing and equipping in­dustrial plants for lease to private busi­nesses. This does not include loans for the purpose of operating such business.§§ 1842.62-1842.70 [Reserved]§ 1842.71 Financial reports and audits.

(a) The lender will require FmHA guaranteed loan borrowers to agree in writing to:

(1) Maintain accounting records satisfactory to the lender and FmHA.

(2) Submit an annual unqualified audited financial statement prepared by an independent certified public account­ant or by an independent public account­ant licensed and certified on or before December 31, 1970, by a regulatory au­thority o f a State or other political sub­division of the United States if the loans are for $100,000 or more.

(3) The submission of financial state­ments and other management reports on a basis and frequency acceptable to the borrower, lender, and FmHA. In some cases, reports may be necessary on a monthly basis, but at least semiannual reports shall be required.

<b) The lender wifi furnish a copy o f each audit report and other financial re­ports to FmHA.

(c) FmHA, the Comptroller General of the United States, or any of their duly authorized representatives shall have ac­cess for the purpose o f audit and exami­nation to any books, documents, papers and records of the lender, holder, or bor­rower that are pertinent to the guar­anteed loan.§§ 1842.72—1342.80 [Reserved]§ 1842.81 FmHA forms.

The following forms are applicable to the FmHA guaranteed Business and In­dustrial loan program and may be ob­tained from FmHA:FmHA 400-1. Equal Opportunity Agreement FmHA 400-3, Notice to Contractors and Ap­

plicantsFmHA 400-6, Compliance Statement FmHA 424-12, Inspection Beport FmHA 449-1, Application for Loan and

GuaranteeFmHA 449—2, Statement o f Collateral FmHA 449-4, Statement o f Personal History FmHA 449-5, Personal Financial Statement FmHA 449-10, Applicant's Environmental

Impact EvaluationFmHA 449-14, Conditional Commitment for

GuaranteeFmHA 449-17, Contract o f Guarantee FmHA 449-18, Lenders or Holders Bequest

for ApprovalFmHA 449-19, Guarantee Fee Beport FmHA 449-20, Beport of Loss FmHA 449-22, Certificate o f Non-Belocatlon FmHA 449-23. Market and Capacity In for­

mation BeportAny needed forms not provided by FmHA will be provided by thè lender, holder, or applicant.

Effective date. This revision is effective September 24, 1974.

Dated: September 13, 1974.F rank B . E lliott ,

Adm inistrator,Farmers Home Administration.

[FB Doc.74-22131 Filed 9-23-74:8:45 am]

Title 14— Aeronautics and SpaceCHAPTER I— FEDERAL AVIATION ADMIN­

ISTRATION, DEPARTMENT OF TRANS­PORTATION

(Airspace Docket No. 74-GL-24]PART 71— DESIGNATION OF FEDERAL

AIRWAYS, AREA LOW ROUTES, CON­TROLLED AIRSPACE, AND REPORTING POINTS

Alteration of Transition AreaOn Pages 26753 and 26754 o f the F ed­

eral R egister > dated July 23, 1974, the Federal Aviation Administration pub­lished a Notice of Proposed Rulemaking which would amend § 71.181 of Part 71 o f the Federal Aviation Regulations so as to alter the transition area at Sandusky, Ohio.

Interested persons were given 30 days to submit written comments, suggestions or objections regarding the proposed amendment.

No objections have been received and the proposed amendment is hereby adopted without change and is set forth below.

FEDERAL REGISTER, V O L 39, N O . 186— TUESDAY, SEPTEMBER 24, 1974

34268 RULES AND REGULATIONS

This amendment shall be effective 0901G.m.t., December 5,1974.(Sec. 307(a) Federal Aviation Act of 1958 [49 U.S.C. 1348], Sec. 6(c) o f the Department o f Transportation Act (49 U.S.C. 1655(c)) )

Issued in Des Plaines, Illinois on Au­gust 30, 1974.

R . O. Z iegler,Acting Director,

Great Lakes Region.In § 71.181 (39 FR 440), the following

transition area is amended to read:San du sky , O h io

That airspace extending upward from 700 feet above the surface with a 5-mile radius of the Grifflng Sandusky Airport (latitude 41°26'01" N., longitude 82°39'08" W .);within 3 miles either side o f the Sandusky VOR 090° radial extending from the five mile radius to 7% miles east o f the airport ex­cluding that portion that overlies the Port Clinton transition area.

[FR Doc.74-22081 Filed 9-23-74;8:45 am]

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

TRATION, DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE

SUBCHAPTER B— FOOD AND FOOD PRODUCTS

PART 51— CANNED VEGETABLESCanned Com; Order To Delete Certain Op­

tional Styles of Pack and Declaration of Yellow Color TypeIn the F ederal R egister of October 5,

1972 <37 FR 21112), the Commissioner of Food and Drugs issued a proposal to amend the U.S. definitions and standards of identity, quality, and fill of container for canned sweet com (21 CFR 51.20, 51.21, and 51.22) in consideration of the “ Recommended International Standard for Canned Sweet Com,” hereinafter re­ferred to as the Codex standard. An or­der adopting this proposal was published in the Federal R egister of February 15, 1974 <39 FR 5760). Objections concern­ing two provisions of the order have been received, and the Commissioner will issue an order, to be published in the F ederal R egister, ruling on these ob­jections in the near future.

Also in the F ederal R egister of Febru­ary 15, 1974 (39 FR 5777), the Commis­sioner proposed additional amendments to the U.S. standard of identity for canned com to bring the standard in closer conformity with the Codex stand­ard. He proposed to delete three optional styles: Fritter com defined as pieces of the inner portion of the com kernel sub­stantially free from hull, ground com defined as ground kernels from which the hulls have not been separated, and evap­orated com defined as cut and cooked kernels from which most of the moisture has been evaporated. Information avail­able to the Commissioner indicated that these products are not being produced commercially. The Commissioner also proposed that mixtures of white and yellow sweet com be considered non- standardized foods because such prod­ucts are not of commercial significance in the United States, and that, in the interest of international uniformity, the color type be required to be a part of the

name of the food only when the food consists of white com . No comments were receivèd in response to this pro­posal.

In consideration of the information set forth in the February 15, 1974 pro­posal, the Commissioner concludes that it will promote honesty and fair dealing in the interest of consumers to amend the identity standard for canned sweet com as proposed.

Therefore, pursuant to provisions of the Federal Food, Drug, and Cosmetic Act (secs. 401, 701(e), 52 Stat. 1046, 70 Stat. 919; 21 U.S.C. 341, 371(e)) and un­der authority delegated to the Commis­sioner (21 CFR 2.120): It is ordered, That § 51.20 be amended by revising paragraphs (b) and (e) (4) to read as follows:§ 51.20 Canned corn, canned sweet com ,

canned sugar com ; identity ; label statement o f optional ingredients.* * * . * *

(b) Styles. The optional styles referred to in paragraph (a) of this section con­sist of succulent sweet com of the yellow (golden) or white color type, conform­ing to Zea mays L. having the sweet com characteristic as follows:

(1) Whole kernel or whole grain or cut kernel consisting of whole or substan­tially whole cut kernels packed with a liquid medium.

(2) Cream style consisting of whole or partially whole cut kernels packed in a creamy component from the com ker­nels and other liquid or other ingredients to form a product of creamy consistency,

* * * * *

(e) * * *(4) The color type used only when the

product consists of white corn.* * * * *

Any person who will be adversely af­fected by the foregoing order may at any time on or before October 24, 1974, file with the Hearing Clerk, Food and Drug Administration, Rm. 4-65, 5600 Fishers Lane, Rockville, MD 20852, written ob­jections thereto. Objections shall show wherein the person filing will be ad­versely affected by the order, specify with particularity the provisions of the order deemed objectionable, and state the grounds for the objections. If a hearing is requested, the objections shall state the issues for the hearing, shall be supported by grounds factually and legally suffi­cient to justify the relief sought, and shall include à detailed description and analysis of the factual information in­tended to be presented in support of the objections in the event that a hearing is

P hototype fob TJ

held. Objections may be accompanied by a memorandum or brief in support thereof. Six copies of all documents shall be filed. Received objections may be seen in the above office during working hours, Monday through Friday.

Effective date. Compliance with this order, which shall include apy labeling changes required, may begin on Novem­ber. 25, 1974, and all labeling used for products shipped in interstate commerce after December 31,. 1974 shall comply with this regulation except as to any provisions that may be stayed by the fil­ing of proper objections. Notice of the fil­ing of objections or lack thereof will be given by publication in the F ederal R egister.(Secs. 401, 701(e), 52 Stat. 1046, 70 Stat. 919 (21 U.S.C. 341,371(e) ) )

Dated: September 18,1974.S am D. F in e ,

Assonate Commissioner for Compliance.

[FR Doc.74-22092 Filed 9-23-74;8:45 am]

Title 24— Housing and Urban Development

CHAPTER II— OFFICE OF ASSISTANT SECRETARY FOR HOUSING PRODUC­TION AND MORTGAGE CREDIT— FED­ERAL HOUSING COMMISSIONER (FED­ERAL HOUSING ADMINISTRATION), DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. R-74-267]PART 275— LOW RENT PUBLIC HOUSING Prototype Cost Limits for Public Housing;

Charlottesville, Va.Tn the F eder\l R egister issued for

Friday, May 17, 1974 (39 FR 17678) prototype per unit cost schedules were published pursuant to section 15(5) of the U.S. Housing Act of 1937. Consider­ation of subsequent factual project cost data received from the PhiladelDhia Re­gional Office (Region HI) indicates a prototype per unit cost schedule should be established for the Charlottesville, Virginia prototype cost area.

Written data, views or statements may be filed with the appropriate HUD Area Office. The offices were listed in our pub­lication of May 17,1974.

The new prototype per unit costs for Charlottesville, Virginia are shown on the table set forth hereinafter, entitled Prototype Per Unit Cost Schedule.(Sec. 7(d) o f Dept, of HUD Act, 42 U.S.C. 3535(d)j

Effective date. This amendment is ef­fective September 24,1974.

S heldon B . L ubar, Assistant Secretary-Commissioner.

it Cost Schedule

region m

Number of bedrooms0 1 2 3 4 5 6

Charlottesville, Va.:Detached and semidetached— .........Row dwellings------------------------------Walk-up------ ----------------- i— --------Elevator structure__________ ______

......... 11,900

......... 10,650

......... 10,100

......... 14,850

14,35012,90012,55017,300

17,65015,85016,000

21,00019,00018,750

25,40022,90021,800

28,25025,45024,050

29,40026,50026,260

[FR Doc.74-22013 Filed 9-23-74; 8:45 am]

FEDERAL REGISTER, VOL. 39, N O .1 8 6 — TUESDAY, SEPTEMBER 24, 1974

RULES AND REGULATIONS 34269

CHAPTER X— FEDERAL INSURANCE ADMINISTRATIONSUBCHAPTER B— NATIONAL FLOOD INSURANCE PROGRAM

[Docket No. FI364]PART 1915— IDENTIFICATION OF SPECIAL HAZARD AREAS

List of Communities With Special Hazard AreasThe Federal Insurance Administrator finds that comment and public procedure and the use of delayed effective dates in

identifying the areas of communities which have special flood or mudslide hazards, in accordance with 24 CFR Part 1915, would be contrary to the public interest. The purpose of such identifications is to guide new development away from areas threatened by flooding. Since this publication is merely for the purpose of informing the public of the location of areas of special flood hazard and has no binding effect on the sale of flood insurance or the commencement of construction, notice and public procedure are impracticable, unnecessary, and contrary to the public interest. Inasmuch as this publication is not a substantive rule, the identification of special hazard areas shall be effective on the date shown. Accordingly, § 1915.3 is amended by adding in alphabetical sequence a new entry to the table, which entry reads as follows:§ 1915,3 List o f communities with special hazard areas.

* * * * * *• *

State County Location

*Alabama.—

•.. Blount............... . . Oneonta, city of—

Do..— Do..........

Chilton_______Fayette____. . . .

. . Maplesville, town of.

. . Belk, town of........

Do— — Geneva—___. . . . . Malvern, town of—

Do..— — .. Houston___ ___ . . Kinsey, town of—

Do........... .......... do................ . . Taylor, town of. —Do—

Arizona...... —.. Randolph............ Greenlee............

Unincorporatedareas.

Duncan, town of..

Do— .. Santa C ru z...—. . Unincorporated areas.

Do— .. Yuma................ ....... _.do_..................

Arkansas.___ - Clay..............— .. McDougal, city of.

Colorado - Elbert................ . . Simla, town of— .

Do..— . . . . . El Pa30.............. Ramah, town ofDo........... . . Jefferson....... . — Morrison, town of

Do..........Connecticut

. . Teller.................

. . Fairfield.—. . . . .- . Cripple Creek,

city of.. . Bridgeport, city

erf.

Do.of.

Do......... ..Litchfield____ . . Bantam, borough of.

Map No. State map repository

H 010015.01 Alabama Development Office, Officethrough of State Planning, State Office

H 010015 06 Bldg., 501 Dexter Ave., Montgom­ery, Ala. 36104.

Alabama Insurance Department, Room 453, Administrative Bldg., Montgomery, Ala. 36104. ‘

H 010032 01................ ..d o ............. ..............................H 010083 01 ....... do........ — »........— -____-............

through H 010083 02H 010087 01 - I d o ........... — ...................

throuph H 010087 02H 010106 01 . . . ,.d o .............................. i .....................

through H 010106 02H 010108 01___ „ ......... do— . — ................... - ...........— . . .H 010182 02...... — ........do....................- ...........H 040036 01 ' 'Arizona State Land Department, 1624

through West Adams, Room 400, Phoenix,H 040036 02 Ariz. 85007..

Arizona Department of Insurance, P.O. Box 7098, 718 West Glenrosa, Phoenix, Ariz. 85001.

H 040090 01 — „ do . . , — . . . — .through

H 040090 09H 040099 01 ....... d o - . . - — ..................................

through H 040099 11H 050033 01—— Division of Soil and Water, Resources,

: State Department of Commerce, 1020 West Capitol Ave., Little Rock, Ark. 72201.

Arkansas Insurance Department, 400University Power Bldg., Little Rock Ark. 72204.

H 080058 01_____ Colorado Water Conservation Board,Room 102, 1845 Sherman St.,Denver, Colo. 80203.

Colorado Division of Insurance, 106 State Office Bldg., Denver, Colo. 80203.

H 080066 01..................do....................................................H 080092 01............... - d o .......... .....................— - ...........

H 080174 01— ...........do...........— .................................H 090002 01 Department of Environmental Pro-

through tection, Division of Water and Ro­l l 090002 06 lated Resources, Room 207, State

Office Bldg., Hartford, Conn. 06115.Connecticut Insurance Department,

State Capital Bldg., 165 Capitol Ave., Hartford,-Conn. 06115.

H 090013 01 ....... do— .......— . — : ........... ..........through

H 090013 09H 090043 01 ....... do...................................................

throughH 090043 02

Effective date of identification

Local map repository ■ of areas whichhave special

flood hazards

*♦ *Mayor, City Hall, City Oneonta,

Oneonta, Ala. 35121.Sept. 13,1974.

Mayor, City Hall, Town of Maples­ville, Maplesville, Ala. 36750.

Do.Mayor, Town of Belk, Belk, Ala.

35545. Do.

Mayor, Town of Malvern, Malvern, Ala. 36349. Do.

Mayor, City Hall, Town of Kinsey, Route 4,.Dothan, Ala. 36301.

Do.

Mayor, City Hall, Town of Taylor, Route 2, Dothan, Ala. 36301. Do.

Mayor, City Hall, Randolph County, Randolph County, Ala.

Do.Mayor, City Hall, Town of Duncan,

Duncan, Ariz. Do.

Chairman, Board of Supervisors, Santa Cruz County, P.O. Box 1150, Nogales, Ariz. 85621.

Do.

Mayor, Yuma County, Ariz. 85364___ Do.

Mayor. City Hall, City of McDougal, McDougal, Ark. 72441.

Do.

Mayor, Town of Simla, Simla, Colo. 80835.

Do.

Mayor, Town of Ramah, Ramah, Coio. 80832.

Do.Chairman, County Commissioners,

Town or Morrison, Golden, Colo. 80401.

Do.

Mayor, City Hall, City of Cripple Creek, Cripple Creek, Colo. 80813.

Do.Engineering Department,- 45 Lyon

Terrace, City of Bridgeport, Bridge­port, Conn. 06604.

Do.

Mayor, Town of Ridgefield, Ridge* field, Conn. 06877.

Do;

Warden, P.O. c/o Clerk, Borough of Bantam, Bantam, Conn. 06750.

Do.

FEDERAL REGISTER, VOL. 39, NO . 1S6— TUESDAY, SEPTEMBER 24, 1974

34270 RULES AND REGULATIONS

State County Location Map No. State map repository Local màp repositoryEffective date

of identification of areas which have special

flood hasards

Do.......

Do— .

Do—

Delaware..

____do...__ . . .

New London..

_„db;_____

Kent._______

H 090048 01 through

H 090048 12 H 090096 01

through H 090096 ll! H 090101 Oh

through H' 090101 18

___Kenton, townaíL— H 100013 0*.

New Hartford, town of.

East Lyme,, town of;

North Stonington, town of.

-do;____________ __ -______ ______First Selectman, Town Hall, Town ofLitchfield, Litchfield, Conn. 06057.

-do_____ :____________________ ___Office of the Town ClerK. East EyitteTownHalT, East’ Lyme, Conn1.06367.

-do-__________________________ _ Selectman,,.Town of North Stonington,North Stonington,, Conn. 06359.

D o.—

Dot—

Sussex .

_____do.

Frankford, town of.

Dot.Florida.

New Castle- Bay,........... -

H 100037 01..

Milton,, town of____H 100045 01.

Arden, town of___H 100052 01.Edgewater H 120007 01.

Beach, town of.

Division of Soil1 and Water Conserva­tion;. Department of Natural! Re­sources and1 Environmental Control, Tatnall Bldg., Capitol Complex, Dover, Del. 19901.

Delaware Insurance Department, 21 The Green, Dover, Del. 19971.

____do................. .................................

.do.

.do.

Do-Do.

Do.Do.

....... d o . . .Broward.

Idaho.

H 120008 (HU H 120C45 01.

H 120074 01.H 120136 01

through H 120136 04 H 120220 01

through H 120220 04

Bannock___Inborn, town o f .. . H 160010 01..

Dixie.Lake.

Long Beach Resort, city of.

Lazy Lake, village of.

Cross City, town of.

Leesburg, city of..

Department of Community Affairs, 2571 Executive Center Circle, East Howard Bldg., Tallahassee, Fla. 32301.

State- of Florida Insurance Depart­ment, Treasurer’s Office, The Cap­itol; Tallahassee, Fla. 32304.

____do_____________________ ; ___.do.

.do.

.do.

President Levy Cburt, Court House;, Town-, of Kenton, Dover, ,D ah 19901.

Planning and Zoning Commission, Court1 House, Town o f Frankford, Georgetown, Del. 19947.

Planning and Zoning Commission, Court House, Town of Milton, Georgetown, Del. 19947.

Chairman, Town Assembly, Town of Arden, WUmineton,, Del- 19803- Mayor, Town of Edgewater Beach, Panama City Beach, Fla. 32401.

Mayor, City of Long Beach Resort, Panama City Beach, Fla. 32401.

Mayor, Village Half, 2200 Lazy Lane, Village of Lazv Lake, Ft< Lauder­dale, Fla. 33305;

Mayor, Town of Cross City, Cross City, Fla. 32628.

City Manager, City of Leesburg; Leesburg, Fla. 32748.

Do_____— Palm Beach-_____ Palm Beach, town of.

.do.

Do....... - Benewah.

Do-Do.

Illinois.

Do.

Idaini—___ 1Washington.Iroquois....

Lake.

D o - D o.. D o..

Iowa___

Lee________McDonough.Putnam ....,L y on .,.—..,

White Bird, city of.

Danforth, village of.

Lake Barrington, village of.

Steward, village of.

Bardolph, village of.

.McNabb, village of.

Alvord, town of..

83707.H 16001601 ....... doi_

through!H 160015 08B 16007201.____H 160123 01....... .......... do_

Department of Water Administration, State House Annex 2, Boise; Idaho 83707.

Idaho: Department of Insurance; Room 206, Statehouse, Boise, Idaho

H 170292 01.

H 170372 01 through

H 170372 04 H 170420 01,H 170470 « .H 170573 01.H 190197 01.

Governor’s Task Force on Flood'Con­trol. P.O. Box 475, Lisle, HI. 60532.

Illinois Insurance Department, 525 West Jefferson St., Springfield, 111. 68702.

— ..d o .— ___ —___________ .M____ _

G;- R.. FTost, Town Manager,. Town’ of Palm Beach, 'P.O. Box 2029, 'Pialm Beach County, Palm Beach, Fla. 33480.

Mayor, City Hall, Town of Inkom, Inkom; Idaho 83245-

State Parks Department, State House, City of Chatcolet, Boise, Idaho 83707.

Mayor, City of White Bird; White Bird, Idaho 83654.

Mayor, City of Midvale, Midvale, Idaho 83645.

Mayor, Village of Danforth, Danforth, 111. 60930.

.dò.

.do*.

.do.

D o - D o.—

Louisiana.

Woodbury.____do____Calcasieu..

GtO, town of— ._ i . H 190294 01. Pierson, town' ofL. H 190295 ML

Iowa Natural Resources Council, James W. Grimes Bldg., Des Moines, Iowa 50319.

Iowa Insurance Department, Lucas State Office Bldg., Des Moides, Iowa 50319.

____do._________ __________________.db:

Unincorporatedareas.

H 220037 0E through! H 220037 09

Do.......—,__ Ouaehita.

Do.Maine..

St. Laundry.. Franklin.—, ,

. . . . .d o __________ H 220135 01through

H 220135 03> Palmetto, tbwn of. H 220174 01.Kingfield, town of. H 230058 01

through' H 230058 06

State- Department of Public Works, P.O; Box 44155, Capitol Station, Baton Ronge; La. 70804.

Louisiana- Insurance Department, Bbx- 44214, Capitol Station, Baton Rouge, La. 70804.

„— do.............— ---------- -----------------

Mayor, 142 Vance, Village of Lakë Barrington, Barrington, 111. 60010.

Mayor, Village Hall, Village of Stew­ard, Steward, 111. 60553.

President, Village Board, Village of Bardolph, Bardolph, 111. 61416.

Mayor, Village of MCNabb, McNabb, 111.61335.

Mayor, Town of Alvord, Alvord, Iowa 61230;

Mayor, City Halil Town of 0*0;Lawton. Iowa51044.

Mayor, City Hall; Town of Pierson, Pierson, Iowa.51048.

Office of the Parish Engineer, 2d Floor, Parish Government Bldg., Calcasieu Parish, La. 70601.

Do________ Knox. Owls Head, town H 230075 01 of. through

H 230075 04

___________ City Plaza, Ouachita Parish PoliceJury, Monroe; La. 71201.

____do____ _________________ Mayor, City Hall;.Town of Palmetto,Palmetto, La. 71358.

Maine Soil and Water Conservation, 1st Selectman, Town Office, Town of State House, Augusta, Maine 04330. - Kingfield, Kingfield, Maine 04947.

Maine Insurance Department, Capitol Shopping Center, Augusta, Maine 04330.

t___do___ ______________ __________ 1st Selectman, Town of Owls Head,Owls Head, Maine 04854.

Do.

Do.

Do.

Do.

Do.

Do.

Do.Do.

Do.Dm.

Do.Do-

Do.

Do,

Do.

Do.Do.Do.

Do.

Do.Do.Do.Do.

DmDmDo.

Do.

Do.Do.

Do.

FEDERAL REGISTER, V O L . 39, N O . Î 86— TUESDAY, SEPTEMBER 24, T 974

RULES AND REGULATIONS 34271

Effective date of identification

gtgto County Location Map No. State map repository Local map repository of areas whichhave special

flood hazards

Do..— — oL

Do---------

Do— — .. York...............

. . . . . . ___Wayne, town o f....

Maryland..— . . Cedi............... ___Chesapeake, townof.

Massachusetts..„ Berkshire.....

H 230089 01 . . . . .d o ........................- .........................through

H 230089 04H 230096 01 ;.___ do........... .......................................

through H 230096 06H 230156 01 ____ do............................................... . . .

through H 230156 15H 230188 01 ____ do........................... .......................

through H 230188 04H 240099 01....... . . Department of Water Resources, State

Office Bldg., Annapolis, Md. 21401.Maryland Insurance-Department, 301

West Preston St., Baltimore, Md. 21201.

H 250019 01 .Division of Water Resources, Water through Resources Commission, State Office

H 250019 05 Bldg., 100 Cambridge St., Boston,Mass. 02202.

Massachusetts Division of Insurance, 100 Cambridge St., Boston, Mass.

Do..— . town of.Do_____ ___Saugus, town of...

Do--------

D o....—

Do......... . . . . Greenfield, town of.

Do.____ __ Williamburg,town of.

Do____ _ ___Dunstable,town of.

Do......... ___Nantucket,town of.

Do......... ___Canton, town o f . .

Do........ .o L

Do......... __ Petersham,town of.

Do........ .

Do.____ . . . . Sturbridge, town of.

Michigan____of.

02202.H 250103 01 . . . . .d o ............ ....... ...............................

through H 250103 04H 250104 01 ........ do................................................... .

through H 250104 04H 250106 01 . . . . .d o ............. ............................... ...

through H 250106 03H 250115 01 ..............— do............. - .......................... — ...

through H 250115 09H 25011801 ....... d o ............. ....................................

through H 250118 08H 250174 01 ..„ . .d o ...................................................

through H 250174 08H 250191 01 . . . . .d o . . ............ - ................................ ..

through H 250191 10H 250230 01 i — .do...................................................

through H 25023010H 250235 01 ■.•....do................................................

through H 250235 05H 250279 01 . . . . . d o . .............. . . . . . . . . . . . i ......... . . . .

through H 250279 03H 250327 01 ____ d o . . ...... ........................................

through H 250327 18H 250335 01 . . . . .d o ..................... .........................

through H 250335 13H 250337 01 ____ do....................................................

through H 250337 04H 260066 01 Water Resources Commission, Bureau

through of Water Management, Stevens T.H 260066 11 ■- Mason Bldg., Lansing, Mich. 48926.

Do_____ H 260154 01

Michigan Insurance Bureau, 111 North Homer St., Lansing, Mich. 48913.

___d o . . . . _______ :_____ __________

Do_____ship of. through

H 260154 06 H 260190 01 : ___d o ..................................................

Do____ . . . St. Clair........ship of. through

H 260190 06 H 260193 01

Do..township of. through

H 260193 05 H 200277 01 ............ do....................................................

Minnesotavillage o f.

H 270003 01___ __ Division of Water, Soils, and Minerals,Department of Natural Resources, Centennial Office Bldg., St. Paul, Minn. 55101.

Minnesota Division of Insurance, R-210 State Office- Bldg., St. Paul, Minn. 56101.

East Bethel, city H 270012 01 . . . . .d o ............ . . . . . . . . . . . . . . . . . . . . . . . . .of. through

H 270012 08Wright, city o f.. . . H 270048 01 ................. do............................................ . . . . .Lake Shore, city - H 270062 01 ^ ..-.-do......_. . . . . . . . . . . . __

of. throughH 2700620$

Do -

DoDo.....

Chief Selectman, Town of Brownfield, Brownfield, Maine 04010.

Town Manager, Town Hall, Town of Norway, Norway, Maine 04268.

Chairman, Board of Selectmen, Town of Sanford, Sanford, Maine 04073.

Mayor, Town Hall, Town of Wayne, Wayne, Maine 04284.

Mayor, Town Hall, Town of Chesa­peake, Chesapeake, Md. 21915.

Chairman, Board of Selectmen, Town of Cheshire, Cheshire, Mass. 01225.

Town Hall, Town of Salisbury, Salis­bury, Mass. 01950.

Town Manager, Town Hall, Town of Saugus, Saugus Center, Mass. 01906.

Chairman, Board of Selectmen, Town Hall, Town,of Tops." eld, Tops Held, Mass. 01983.

Chairman, Planning Board, Town Hall, Town of Deerfield, Deerfield, Mass. 01342.

Chairman, Planning Board, Town Hall, Town of Greenfield, Green- f eld. Mass. 01301.

Chairman, Planning Board, Town Hall, Town of Williamburg, Hay- denville, Mass. 01039.

Chairman, Board of Selectmen, Town Hall, Town of Dunstable, Dun­stable, Mass. 01827.

Chairman, Board of Selectmen, Town and- City Bldg., Town of Nan­tucket, Nantucket, Mass. 02554.

Ms; Shelia Chelmats, Chairman, Town of Canton, Town Hall, Canton, Mass. 02021.

Board of Selectmen. Town of Plymp- ton, Main St., Plympton, Mass. 02367.

Chairman, Board of Selectmen, Town Hall, Town of Petersham, Peter­sham, Mass. 01366.:

Chairmah, Board of Selectmen, Town Hall, Town of Spencer, Spencer, Mass. 01562.

Chairman, Board of Selectmen, Town Hall, Town of Sturbridge, Stur- bridge, Mass. 01566.

Don Quimby, Bldg., Official and Zoning Administrator, 7710 West Saginaw, Township of Delta, Grand Ledge, Mich. 48837.

Township Building, 1235 South Mon­roe St., Monroe, Mich. 48161.

Saginaw Township Clerk, 4980 Shat- tuck Rd., Saginaw, Mich. 48603.

Burtchville Township Hall, 2d St., R.D. No. 1, Port Huron, Mich. 48060.

Pent water Village Township Bldg., Hancock St., Pentwater, Mich. 49449.

Mayor, City Hall, City of McGrath, McGrath, Minn. 55350.

Ms. Jacqueline Strueder, Village Clerk, East Bethel, Minn. 55005.

Mayor, City Hall, City of Wright, Wright. Minn. 55798.

Mayor, City Hall, City of Lake Shore, Route No. 6, Bralnerd, Minn. 56401.

Do.

Do.

Do.

Do.

Do.

Do;

Do

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Dov

Do.

Do.

Do.

Do.

Do;Do.

FEDERAL REGISTER, V O L 39, N O . 186— TUESDAY, SEPTEMBER 24, 1974

RULES AND REGULATIONS

State County Lunation

Do. .db.__________Crossiate, cityoIt

Do.Do.

_dbi______ . . . . Deer River, cityof:

D o _____. . . Polk______ _____ _ East GrandForks, city of.

Mississippi!.____Grenada.------ .------ Unincorporatedareas.

Map Noa State map repository

. H 270092 01 through

H 270092 06 H 270095 01

through H 270095 04 H 270201 01

throughH 270201 02 H 27020101_H 270210 01 ____do........ ......................................

through H. 270210.02H 275286 01.

Loealunap repositoryEffective date

of identification of areaswhich

have special flood hazards

through;H 275236 03 Hi 28006a 02.

Do -____Yazoo........... .................do....................H 280199 02through H 280199 03

Missouri______ Crawford_____ ___Steelville, city o f.. H 290114 01through H 290114 02

. Mississippi Research -and Develop- ment Center,. P.O. Drawer 2470, Jackson; Miss. 39205.

Mississippi Insurance Department, 910 WoHolk Bldg., P.O. Box 79, Jaekson, Hissa 39205.

____ do______:------- . . . . . ......... ..............

D o..D o..

Meta, town; of.___ H, 290271 01.

Department of Natural Resources, Division of Program and Policy, Development. State of Missouri, 308 East High St., Jefferson City, Mo. 65101.

Division of Insurance, P.O. Box 696;Jefferson City, Mo. 65101.

____ do_________________ ___________

. . . Warren._______ — MarthasviUe,village of.

Montana....___Flathead_________ Unincorporated!areas.

H 290444 01.................. do.H 300023 01

through H 300023 15

Nebraska. Otoe_____________Tàlmage, village H 310167 01.oí.

Do __. . . . . . Washington;______ Bernard, village. H 310230 01of.

New llame»- Carroll.__________Conway; town ofc. H. 330011 01shire. through*ÛUe” H 330011 09

Do . Cheshire._________ Marlow, tow nof.. H 330025 01through

H 330025 02Do ______ Rockingham._____ Derry; townof;.— H 330128 01

through H 330128 14

Do - Strafford!— . . _____Durham, townof. H 330146 01through H 330146 11

Do Sullivan............... . Acworth, town of. H 330152 01through'

H. 330162 05Do _ Grafton___ ______Warren, town of... H 330168 01

through H 330168 06

New Jersey.___ Burlington._______Edgewater Park, H 340096 01townshipof.

Do________Gloucester..._____ Franklin,township of.

Montana Department of Natural. Re­sources and Conservation; Water Resource Division, 32 South Ewing St., Helena, Mont. 59601.

Montana Insurance Department, Capitol Bldg;,.Helena, Mont. 59601.

. Nebraska Natural Resources Com­mission, P.O. Box 94725, State' House Station,. Lincoln,. Nebr. 68509.

Nebraska Insurance Department,, 1335 “ L” St.,.Lincoln, Nebr. 68509.

-____do___ _____ ___________________

Route No. 8, City of Baxter, Brainerd, Minn. 56401.

Manor; City Hall, City of Cxosskske,, Crosslake, Minn. 56442.

Mayor, .City HaB.City: of Blgfork.Blg- - fork, Minn. 66628.

Office' of The. Clerk* Village of Deer River, Deer River, Minn. 06636.

Mayor, City of Warba, Warba, Minn. 55783;

Mr. D. E. Mack, Clerk-Treasurer, City of East Grand Forks, P.O. Box 373, East Grand Forks, Minn. 56721.

Offiee of the; County Engineer, Gre­nada County, Board of Supervisors, Room 1, Grenada, Miss. 38901.

Office of the Chancery Clerk, Yazoo County Court. House, Yazoo City;. Miss. 39194.

City Hall, City of Steelville, SteeF ville, Mo. 65565.

Cito Council, ft own of Meta,, Meta, Mo. 65058.

Mayor, Village of Marthasville, Mar- thasville, Mo..63857.

Mayor, Flathead County, FTathead' County, Mont.

Office of State; Planning, Division o f Community Planning, State House Annex, Concord, N.H. 03301.

New Hampshire Insurance- Depart­ment, 78 North Main St., Conoord; N.H. 03301.

•____do___________________ ________

Mayor, Village o f Talmage, Talinage, Nebr. 68448.

Mayor, Village of Kennard", Kennard, Nebr. 68034.

Selectmen,, Center Conway, Town, of Cònway, Cimway, N.H. 03818.

_____ ; _____ ______ Chairman, Planning Board, Town ofMarlow, Marlow, N'.H. 034561

__do_____________________ ,_____ _ Selectmen,. Town; Offiee Building,Town o f Derry,. Derry, N'.H. 03038.

,lo______________ ____ __________ Chairman, Board of Selectmen, Town;Hall, Town o f Durham, Durham, N.H. 03824.

fio ___;.............................. . ...... Chairman, Board of Selectmen, Townof Acworth, Acworth, N.H. 03601.

¿0 ________________ _________ Chairman, Planning Board, Town OfWarren,. Warren, N.H. 03279.

Bureau of Water Control, Department Mayor, Municipal Bldg., 400 Delancoof Environmental Protection;,. P.O. Box 1390, Trenton N.J. 08625.

New Jersey Department of Insurance, State House; Annex, Trenton, N.J

D o. .do_____ ...___Logan, townshipof»

Do___, Hunterdon_______Califon, boroughof.

Do ______ Salem____________ Lower AllowaysCreek, town­ship of.

Do . . . ________ do.__________Pennsville,township of.

New Mexico__— San Juan. Unineorporatedareas.

H 340202 01 through

H 340202 17 H 340206 01

through; H 340206 09 TT. 340232 04

08625.

____ do—

do i .

H 340416 01 through;

H 340416 17 H 340512 01

through H 340512 08H 350064 01

through H 350064 08

State Engineers Office, Bataan Mémo­rial Blag,,. Santa Fe, N. Mex. 87501.

New MexicoDepartment of Inairanee,

Rd., Township of Edgewater,.Edge- water, N’.J. 08010.

mayor, luwusuip hi iw»uSt-„Bridgeport, N.J. 08014.

Mayor. Borough of Califon, Box 368, Califon, N.J. 07830.

Mayor, Township of Lower Alloways Creek, R.D. No. 2, Salem, N.J. 08079.

Mr-. James T. Shidner, Tax Assessor,, Township of Pennsvillb, Municipal Building, 90 North Broadway, Pennsville, N.J. 08070.

Mayor, San Juan County, San Jban County,,.N. Hex.

Do.

Do.

Do.

Do.Do.

Do.

Do-

Do;

Do.

Do-Do;Ho.

Db.

Db.Do-

Do.

D a

Do.

Do.

Do.

Do.

Do.

Do.

D aDo­

po.

D a

87501.

FEDERAL REGISTER; V O L 39; N O . 196— TUESDAY, SEPTEMBER 24, 1974

RULES AND REGULATIONS 31273"

State County Location Map No; State map repository Local map repositoryEffective date

of identification of areas which have special

flood hazards

New York_____ Cattaraugus..____Ashford* town of..' H 360062 01through

H 360062 15

Do.

Do

Do

Do

Do

Do..™ ——. Saratoga________ Hadley, town o f . . H 360718 01through

Do..™............... dos___________Saratoga*town of.

LumberTand, town of.

Wawarsing* town. of.

Do......... Sullivan.___

Do......... Ulster_____

D o ..„ ........Wyoming.._______ Eagle, town of.___

Do...... .............. de_____ '.____ Pike* town o f ..___

North Carolina. Catawba...._____Hickory*city o<__.

H 360718 13 H 360737 01

through H 360737 05 H 360825 01

through H 360825 07 EE 360867 01

through H 360867 15 H 360943 01

through H 360943 05 H 360947 01

through H 360947 04 H 370054 01

through H 370054 07

New Torfe State Department of En­vironmental Conservation, Division of Resources, Management Services Bureau of Wider Management, Al­bany, N.Y. 12201.

New York State Insurance Depart­ment, 123 William St., New York* N.Y. 10038;

—— Citato».. . . . . . ; M Schuyler, town of. H 360172 01 through

H 360172 08....-d o ..

. . . . Diana, town of. . H 360364 01 ____ d o -through

H 360364 10___ High Market, H 360367 01 do*.

town of. through H 360367 09

. . . . . . . . do....;___ H 360378 01 .....d o ..town of. through

H 360378 03■___. . . . Madison___... ___ Fenner, town of... H 360399 01

through H 360399 02

.._._dO-.

..............Oneida_______ ___Augusta, town of— H 360517 01through

H 360517 04Florence, town of.. H 360527 01

through H 360527 08

.............. . .dò— ,....... ___Verona* town o f... H 360561 01 ___do .through

H 360561 10 H 360562 01 ____ do..Vienna, town o f...

through H 360562 09H 360567 01 ____ do..

town of. through H 360567 05

.... Carmel* town of . H 360669 01 ____ do..through

H 360669 12H 360704 01 ____do..

through H 360704 09H 360708 01 i ___do..

town of. through H 360708 05

Supervisor, Town of Ashford* West Valley, N.Y. 14171.

Town Supervisor, Town of Schuyler, Schuyler FaMs* N.Y. 12985.

Town Board—Diana, Town Clerk, Town of Diana, Harrisville, N.Y. 13648.

Town Board—High Market, Town Clerk, Town of High Market, Con- stableville, N.Y. 13325.

Town Board—West Turin* Town- Clerk, Constableville, N.Y. 13325.

B.D. Ño. 1, Cazenovia, N.Y. 13035.

Orlskany Falls, Sconondoa, N.Y. 13425.

lUpervisor, Florence Town Barn* Town of Florence, Camden, N.Y. 13316.

Supervisor, Town Hall, Tow» ofVerona, Verona, N.Y. 13478.

Supervisor, Vienna Town Barn, Town of Vienna, Rome, N.Y. 13440.

Supervisor, Town Hall, Town of•Whitestown* Whitcsboro, N.Y. 13492.

Supervisor, Town Hall, Town ofCarmel, Mahopac, N .Y . 10541.

of Macomb* Maeomb, N.Y.___Town Supervisor, Town House,

Town of Gswegatchie, Heuvetton, N.Y. 13670.

__do.......- L 7 - - ~ - -------- . Supervisor, Town of Hadley, c/oBoard of Supervisors, Municipal Center, Ballston Spa, N.Y. 12020.

.do____ ______ ______ ____________ Supervisor, Town of Saratoga, c/oBoard of Supervisors, Municipal Center, Ballston Spa, N.Y. 12020.

do ____ . . . . __________ _______ _ Town Supervisor, Town of Lumber-land, Glen Spey, N.Y. 12737.

do.. ____________ _________ __ Town Supervisor ..Town of Wawarsing,Ellenville, N.Y. 12428.

_do._.................................................Town Supervisor, Town Clerk'sOffice, Town of Eagle, Box 147, Bliss, N.Y. 14024.

.do_______________________ _____ Town Supervisor, Town Office, MainSt., Town of Pike, Pike, N.Y. 14130.

North Dakota.. Pembina*_______Crystal* city o f.... H 380082 01.

Ohio. Columbiana.____East Rochester*Triage-of. H 390080 01.

Do— ____ Licking.. .Oklahoma.........McClain and

Grady.D o.......

Hartford* village- of.

Btarrchard, town of.

H 390331 01.

North Carolina Office of Water and Air Resources, Department ef Natural and Economic Resources, P.O. Box 27687, Raleigh, N.C. 27611.

North Carolina Insurance. Depart­ment, P.O. Box 26387, Raleigh, N.C. 27611.

State Water Commission, State Office Building,900 East Blvd., Bismarck, N. Dak. 58501.

North Dakota Insurance Department, State Capitol* Bismarck* N. Dak. 58501.

Ohio Department of Natural Re­sources, Fountain Square, Colum­bus, Ohio 43224.

Ohio' Insurance Department* 115 East Rir.fr St., Columbus, Ohio 43215.

.. . . .d o _______________ ______________H 400101 01

through H 400101 04

Avant, town oL ... H 400147 01.

Oklahoma Water Resource» Board, 2241 Northwest 40th St., Oklahoma City, Okla. 73U2.

Oklahoma Insurance Department, Room 408, Will Rogers Memorial Bldg., Oklahoma City, Okla. 73105.

.. . . .d o ______ ______ _______________ -

Mayor, City of Hickory, Hickary, N.C. 28601.

Mayor, City of Crystal, Crystal, N. Dak. 58223.

Mayor, East Village of East Rochester, Rochester, Ohio 44625.

Mayor, City Hall, Village of Hartford, Croton, Ohio 43013.

Mayor, Town Hall, Town of Blan­chard, Blanchard, Okla. 73010.

Mayor, Town of Avant, Avant, Okla; 74001.

Do.

Do.

Do.

Do.

Do.

Do.

DO.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do;

Do.

Do.

Do.

Do.

Do.

Do.

Do.Do.

Do;

FEDERAL REGISTER, VOL. 39, NO . 186— TUESDAY, SEPTEMBER 24, 1974

34274 RULES AND REGULATIONS

State County Location Map No.

Oregon................ Curry............. - Unincorporated,areas.

H 410052 01 through

H 410052 19

Po .. Gold Beach, H 410054 01..,

Do................ Douglas............town of.

Elkton, dty of. — H 410062 01..

Do............... . Klamath.......... Bonanza, town of. H 410110 01..

Do................ Lake................. Paisley, town of— H 410117 01. .

Do............... Tillamook------- Wheeler, town of_ H 410203 01..

Do— — — .. Umatilla..------ Echo, city of......... H 410207 01..

Pennsylvania.... Columbia-....... -. Hemlock, town- ship of.

H 420344 01 through

H 420344 08

Do— — ___Northumberland- . Little Mahanoy, - township of.

H 421015 01 through

H 421015 03Do— — ' . York..................... Mount Wolf, H 421021 01

borough of. through H 421021 01

Do— ,- ___Berks.................... . South Heidelberg, H 421107 01township of. through

H 421107 05■Dii . Spring, town- H 421108 01

ship of. through H 421108 03

D o .- - - - ___Brie.— ................. .. Harborcreek, H 421144 01township of. through

H 421144 05Do......... . . Northampton. -- Plainfield,

town of.H 421147 01

through H 421147 04

Do— — -, M ontour.-......... Anthony, town- ship of.

H 421232 01 through

H 421232 02Do— ...........„.do..........----- Mahoning, town-

ship of.H 421234 01

through H 421234 03

Do— .. -.- Lancaster............ West Coealico, H 421787 01township of. through

H 421787 10Do— . Armstrong— . . Manorville, II 420098 01 —

borough of. - Washington, H 420224 01Do— __Butler...........— township of. through

H 420224 03Do— —.. . . . Clearfield............ Brisbin, borough

of.Liberty, borough

H 420297 01-

Do........ Hogla.................. H 420822 01...

Do........ ____ Bradford............... Asylum, town- ship of.

H 421048 01 through

H 421048 05Do— .... Berks................. _ Bernville, H 421051 01-

borough of.H 421053 01Do— 1. . Brecknock,

township of. through H 421053 03

Do....... ........Bradford............... . Burlington, H 421054 01township of. through

H 421054 08Do— Berks.---— ------ _ Exeter, township

of.H 421063 01

through H 421063 04

do . . . . i:!___Allegheny— — - - Kilbuck, town of... H 421073 01 through

H 421073 02D o ..— . Berks...— — —.. Marion, H 421079 01

township of. through H 421079 05

D o ..— .____ Bradford.........——. Monroe, H 421083 01township of. through

H 421083 11Do— ____ B erk s......------- -.. North Heidel- H 421086 01

berg, township throughof. H 421086 05

D o ..— ............... do...— ;. Richmond, H 421096 01township of through

H 421096 04Do— .......Allegheny..— —, .. Scott, township

Of;H 421100 01

through H 421100 02

State map repository - Local map repositoryEffective date

of identification of areas which _have special flood hazards

Executive Department, State of Ore­gon, Lexington, Oreg. 97839.

Oregon Insurance Division, Depart­ment of Commerce, 138 12th NE., Salem, Oreg. 97310.

.....d o ............................. .....................-

Chairman, Board of County Commis­sioners, County of Curry, P.O. Box 746, Gold Beach, Oreg. 97444.

Do.

.do.

.do.-do.-do..do.

Department of Community Affairs, Commonwealth of Pennsylvania, Harrisburg, Pa. 17120.

Pennsylvania Insurance Department, 108 Finance Bldg., Harrisburg, Pa. 17120.

____do..................................

Mayor, City Hall, Town of Gold Beach, Nov. 23,1973, Gold Beach, Oreg. 97444. Sept. 13,1974,

Mayor, City Hall, City of Elkton, Elkton, Sept. 13, 1974, Oreg. 97436.

. Mayor, Town Hall, Town of Bonanza, Do. Bonanza, Oreg. 97620.

, Mayor, Town of Paisley, Paisley, Oreg. Do. 97636. • __

City Hall, Town of Wheeler, Wheeler, Do. Oreg. 97147. , L

. Mayor, 213 Thielson St., City of Echo, Do. Echo, Oreg. 97826.

Mr. Herman H. Ikeler, Supervisor, Do. Hemlock Township, R.D. No. 2,Bloomsburg, Pa. 17815.

-do.-

-do-

-do.

-do.

......... Mftlin L. Eyster, Flood InsuranceCoordinator, R.F.D. No. 1, Box 29, Domsife, Pa. 17823.

____ Mr. Maurice Brenner, Borough ofMount Wolf, 72 North Third 8t., Mount Wolf, Pa. 17347.

.......... . Town Hall, Township of SouthHeidelberg, Galen Hall Rd., Wer- nersville, Pa. 19565.

. — ................. ......Mrs. Sharon E. Weiss, Secretary,, Township of Spring, 2800 Shilling-

ton Rd., Cornwall Terrace, Resid­ing, Pa. 19608.

......................' ................ Mayor, Township of Harborcreek,Harborcreek, Pa.

do c . . . . . . . Mr. Earl E. Ackerman, Township ofPlainfield, R.D. No. 1, Wind Gap, Pa. 18091.

do......... ................................Z Mrs. Eleanor Gardner, Secretary,Township of Anthony, R.D. No. 1, Turbotville, Pa.

__do.................................- ......... - - --- Township of Mahoning, MahoningTownship Municipal Bldg., Dan­ville, Pa. 17821.

do .......... _ Mr. Richard F. Fasnacht, Townshipof Cocalico, R.D. No. 2, Denver, Pa. 17517.

do ............ - ....... ..... Borough Secretary, Borough of Manor-ville, Manorville, Pa. 16238.

do .................... Butler County Planning Commis­sion, Township of Washington, But­ler, Pa. 16001.

do - - - - - -__Mayor, Borough of Brisbin, Brisbin,......... ..................... * ' Pa. 16620.

do . . __President, Borough Council, Boroughof Liberty, Liberty, Pa. 16930.

do ----------- Mayor, Township of Asylum, Asy-........ .................................. lum, Pa.

do ......... . . Mayor, Borough of Bernville, Bern-......... ........ ........................... ville, Pa. 19506.

do _________ _________— Mayor, Township of Brecknock,Brecknock, Pa.

do 1 - _____ . . . . . __ Burlington Township Council, Town­ship of Burlington, Burlington, Pa. 18814.

- d a . . . . . Mayor, Township of Exeter, Exeter,- : .......... .............. Pa. 18643.do ----- ; ----- . . . ____ Mayor, Town of Kilbuck, Kilbuck,t— - ......... pa 15233

__ do — — ------ »— Mayor, Township of Berks, Marion,............................................................ Pa. 17235.

do -----i------- : — Mayor, Township of Monroe, Monroe,............................................................ Pa.

_ da -------------Mayor, Township of Heidelberg,c" " ............... North Heidelberg, Pa.r- do Mayor, Township of Richmond,

Richmond, Pa.e___ do.......r . M a y o r , Township of Scott, Scott, Par

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do.Do.

Do.Do.Do.

Do.Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do;

Do.

FEDERAL REGISTER, VOL. 39, NO. 186— TUESDAY, SEPTEMBER 24, 1974

RULES AND REGULATIONS a4275

County Location Map No. State map repository

On. / ^Local map repository

Effective date of identification of area» which

have special flood hazards

Do........ . _ Bradford ___

.. _ Allegheny____

South Creek* township of.

H 421105 01 through

H 42110508 H 421106 01

through H 421106 06

Do— — . South Fayette, township of. .

Do— — ___Bradford______ Troy, township of. H 421114 01through

H 421114 12Do...... . ___Wells, township of. H 421121 01

through H 421121 04

Do........ ___Bucks............... West Bockhiil, H 421123 01township of. through.

H 421123 02Do........ ___Berks......... ...... ___Windsor, H 421125 01

township of. through H 421125 04

Do Boggs, H 421193 01township of. through

H 421193 07Da ............. do............. ___Miles, township of. H 421197 01

through H 421197 05

Do— — ___Snow Shoe, H 421198 01towhship of. through

H 421198 06Da Armstrong. Cowanshannock, H 421230 01

township, of. through HT 421230 07

Do— — Burrell, township H 421213 01of. through

H 421213 02Da Armstrong__ H 421309 01

of. through H 421309 06

Do— — ............,do....... . ___Wayne, township H 421318 01of. through

H 421318 04Do........___ Erie.................. H 421369 01

township of. through H 421369 06

Do— ... H 421415 01of. through

H 421415 10Do-.i— Center, township H 421417 01

of. through H 421417 OT

Do - . H 421419 01ship of. through

H 421419 02Do.. . ___ East Fallowfield, H 421479 01

township of. through H 421479 03

Do...... H 42T482 01township of. through.

H 421482 03Do— H 421488 01

ship of.Do....... H 421494 01

ship of. through H 421494 03

Do...... H 421496 01wine, township throughof. H 421496 02

Do.. . ___Allison, township H 421534 01of.

Do___ .....

Do_...

Do

. Crawford____

. Elk ... .....

of.Woodcock, town-

ship of.

H 421541 01 through

H 421541 05 H 421578 01

through H 421578 06 H 421610 01

Do....____gL through

H 421610 06. Franklin_____ __ Peters, township

of.II 421654 01

through H 421654 08D o______ — -dOk. _____

township of.H 421656 01

through H 421656 17Do......... . Indiana....___ . . . West Wheat"eld,

township of.H 421724 01

through H 421724 05Do...___

Do.........

Do...

. Jefferson______ship of.

H 421735 01 through

H 421735 05. Mercer............

ship of.H 421866 01

through H 421866 03

• Northampton __ Wilson, borough of H 421927 01Do...

D o ......;..

. Washington __ Cross Creek,borough of.

H 422145 01 through

H 422145 03- Westmoreland H 422185 01

through H 422185 03

do.

do.

,do.

.do.

.do.

.da

.do.

Mayor. Township of Sooth Creek, D a South Creek, Pa.

Mayor, Township of South Payette, Do.South Fayette, Pa.

Troy Township Council, Township Do.of Troy, Troy, Pa. 16947.

Mayor, Township of Wells, Welts, Pa, D a

Mayor, Township of West Rockhflf, Do. West Rockhill, Pa.

Mayor, Township of Windsor, Wind- Do. sor, Pa.

Mayor,.Township of Boggs, Boggs.Pa Do.

___ do______ - Mayor, Township of Miles, hötes, Pa—

____do..................... ............

____do____ ___________ -__ _

____do_______ . . . . ______

____da.......................................

___ da.______ ___________

____ do____. . . ____ . . . . . ______

.;__do____________...__

____ do____________...___ ____

____do__________________

___ d a .-------------------------------- - —

___.do______ ____ _____ ____

____do....................................... . . . . . .____do______________________

____ do_____. . . . . . . . . . .

; __ do............................. .. . . . . . .

i . . —d o -.. . . . . . . . . . . . . . . __ . . . . .

s___d o . . . .

___ da___ ______________

____ do........... ...... . . . . __

-.___ d o . . . . . . . .____ ___________

____dor-------------------------------- -. . . . . . . . .

____do...____ . . . . . . . . . . . . . . . . . .

. ___do................... ...................____do_. . . . . ........... ......... .

___dO___ .....................

Mayor, Township of Snow Shoe, Snow Shoe, Pa. 16874.

Township Strpervisor Secretary, ft.D. No. 1, Township of Cowanshannock, Dayton, Pa. 16222;

Chairman Burrell Township, Super­visor, Burrell, Fa.

Township Supervisor Secretary, 820 Main St., Township of Manor, Ford City, Pa. 16226.

Township Supervisor Secretary, R.D. No. 1, Township of Wayne, Dayton, Pa. 16222.

Mayor, Township of Springfield, Springfield, Pa. 19064.

Adams Township Building, Officer, Township Bldg., Township of Adams, Mars, Pa. MOW.

Center Township Board of Super­visors, R.D. No. 5, Township of Center, Butler, Pa.

Forward Township Board of Super­visors, Township of Forward, For­ward, Pa.

Mayor, Township of East Fallowfield, East Fallowfield, Pa.

Mayor, Township of East Notting­ham, East Nottingham, Pa.

Mayor, Township of Sadsburg, Sads- burg, P a 19369,

Mayor, Township of Warwick, War­wick, Pa.

Mayor, Township of West Brandy­wine, West Brandywine, Pa.

Chairman, Allison Township Board of Supervisory P.O. Bos 191, Bock Haven, P a 17745.

Clinton County Zoning Officer, 1209 West 4th St., Township of Logan, Flemington, Pa. 17745.

Chairman, Woodcock Township, RJD. No. 3, Meadvffie, Pa. 16335.

Mayor , Township of Horton, Horton, Pa.

Chairman, Peters Township Super­visor, Municipal Building, Town­ship of Peters, Lemasters, Pa. 17231.

Chairman, St. Thomas Township, Supervisor, R.D. No. 1, St. Thomas, Pa. 17252.

Mayor, Township of West Wheatfield, West Wheatfield, Pa.

Snyder Township Supervisors, R.D. No. 1, Township of Snyder, Brook­way, P a

Findley Township Supervisor,Town­ship of Findley, Findley, P a

Mayor, Borough of Wilson, Wilson, Pa.Mayor, Borough of Cross Creek,

Cross Creek, PaBell Township Chairman, Board of

Supervisors, Bos D, Township of Bell, Salina, P a 15680.

Do.

Do.

Da

D a

Do.

Do;

D a

D a

D a

Do;

D a

Do.

Do.D a

D a

Do;

Do;

Do.

Do;

DO;

D a

D a

Da

Dot

D a

DaDa

FEDERAL REGISTER, VOL. 39, NO. 186— TUESDAY, SEPTEMBER 24, 1974

34276 RULES AND REGULATIONS

State County Location Map No. State map repository Local map repositoryEffective date

of identification of areas which have special flood hazards

Do.

Rhode Island..

Do.

____do___ —___ _ Loyalhanna,township of.

Providence........ . Burrillville,town of.

H 422190 01 through

H 422190 03 H 440013 01

through H 440013 06

. . . . ___do_________ _ Foster, town of___H 440033 01through

H 440033 08South Dakota... Brookings___£ ___Bruce, city of......... H 460005 01.

___ do...................... ...... .................. — Chairman, Board of Supervisors, R.D.No. 2, .Township of Loyalhanna, Saltsburg,'Pa. 15681.

Rhode Island Statewide Planning Mayor, Town Hall, Town of Burrill- Program', 265 Melrose St., Provi- ville, Burrillville, Pa. dence, R.I. 02907.

Rhode Island Insurance Division, 169 Weybosset St., Providence, R.I.02903.

.. . . .d ô ___ !___.'.................... ....... .......Mayor, Town Hall, Town-of Foster,Foster, R.I. 02918.

Do____. . . . . Haakon_________ Midland, town of— H 460032 01.Tennessee_____ Putnam.......... . Unincorporated, H 470149-02..

areas.

Do....... . Stewart.________ ____ do....................H 470180 02..D o.— ——- Tipton................. GUt Edge, dty of. H 470190 01

through H 470190 02

Do________ Wilson__________ _ Unincorporated, H 470207 02.,areas.

T e x a s ..... . . . . . . El Paso...___________ do_________ _ H 480212 01through

H 480212 04

South Dakota Planning Agency, Of­fice of Executive Management, State Capitol Bldg., Pierre, S. Dak. 57501.

South Dakota Department of Insur­ance, Insurance Bldg., Pierre, S. Dak. 57501.

. —.-do—.—. . — — ....... .—Tennessee State Planning, Office, 660

Capitol Hill Bldg., Nashville, Tenn. 37219.

Tennessee Department of Insurance and Banking, 114 State Office Bldg., Nashville, Tenn. 37219.

.......do..............................—____ _____

Mayor, City Hall, City of Bruce, Bruce, S. Dak. 57220.

Mayor, Town of Midland, Midland, S. Dak. 57552.

Mayor, County of Putnam, Putnam County, Tenn.

.do.

Do— .......Hondo, city o f.. . . H 480474 01 ....... do.through

H 480474 04Do H 480509 01......... ........ do..

city of.Do........___ Travis............ .. . . . . Austin, city of. . . H 480624 01 ....... do.

through H 480624 57

Do........___ Ward___ —.. . ____Grandfalls, H 480643 01.........city of.

Do........ ____Rose Hill Acres, H 480846 01____

______Mayor, County of Stewart, StewartCounty, Tenn. 37175.

....... . Mayor, City Hall, City of Gilt Edge,Tipton County, Tenn. 38071.

.......do..................... ......... —.................Mayor, County of Wilson, WilsonCounty, Tenn.

Texas Water Development Board, City Clerk’s Office, Room 211, City- P.O. Box 13087, Capitol Station, County Bldg., El Paso, Tex. 79901. Austin, Tex. 78711.

Texas Insurance Department, 110 San Jacinto St., Austin, Tex. 78701.

Hondo, Tex. 78861.

P.O. Box 1088,

city of.Vermont.____— Bennington........ Bennington,

town of.

Do. Windsor.................Reading,town of.

Do___. . . . . . Bennington. Manchester, village of.

H 500013 01 through

H 500013 06

H 500152 01 ■ through

H 500152 04 H 500179 01

through H 500179 02

D o.— ___O rleans............... Craftsbury, townof.

H 500247 01 through

H 500247 04D o.——— — - d o . . . .___; Jay, town of________ H ’ 500253 01

through H 500253 05

D o.—'______ Windsor...,______ Woodstock, H 500308 01village oi. through

H 500303 02Virginia—. , —— P ow hatan .....— Unincorporated, H 510117 01

areas. throughH 510117 19

ton, Tex. 79070. layor, City Hal . Austin, Tex. 78767.

Mayor,' City Hall, Grandfalls, Tex. 79742.

County Judge, Hardin County Com­missioners Court, County Court4 house, Kountze, Tex. 77625.

Chairman, Bennington Board of . Selectmen, Bennington, Vt. 05201.

Chairman, Reading Board of Select­men, Reading, Vt. 05062.

Chairman, Manchester Board of Selectmen, Manchester,-Vt. 05254.

-d o . , .____Ì........................ Mayor, Town Hall, Town of Crafts­bury, Craftsbury, Vt. 05826.

Management and Engineering Divi­sion, Water Resources Department, State Office Bldg., Montpelier, Vt. 05602.

Vermont Insurance Department, State Office Bldg., Montpelier, Vt. 05602.

....... do______ ________—_____ ______

.do.

.do.

.do.

D o.... 1___ Roanoke. .do___ — — H 510190 01through

H 510190 21

Bureau of Water Control Management, State Water Control Board, P.O. Box 11143, Richmond, Va. 23230.

Virginia Insurance Department, 700 Blanton Bldg., P.O. Box 1157, Richmond, Va. 23209.

— —d o ..— ....... —..........................—..

Mayor, Town Hall, Town of Jay,- Or­leans, Vt. 05860,

Mr. Robert G. Home, Municipal Manager, Village of Woodstock, Woodstock, Vt. 05091.

Chairman,' Powhatan County Board of Supervisors, Rt. 4, Powhatan, Va. 23139.

Roanoke County Courthouse, 806 East Main St., Salem, Va. 24153.

Do.

Do.

Do.

Do.

Do.Do.

Do.Do.

Do.Do.

Dò.

Do.Do.

Do.Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

FEDERAL REGISTER, V O L 39, N O . 186— TUESDAY, SEPTEMBER 24, 1974

RULES AND REGULATIONS 34277

Effective date of identification

qtato County Location Map No; State map repository Local map repository of areas which° * , have special

flood haxards

West Virginia— Fayette_________Mount Hope,town of.

H 540030 01.

Do.— — — Wisconsin..........

Wayne............ .Waukseha-------

___Fort Gay, townof.

Menomonee Falls, village of.

H 540202 01.H 550483 01

through H 550483 12

Wyoming........... Big Horn......... Manderson, town of.

H 560006 01.

Office of Federal-State, Relations, Room West 115, Capitol Bldg., Charleston, W. Va. 25305.

West Virginia Insurance Department, State Capitol, Charleston, W. Va. 25305.

___ do..'....... .................................... . . .Department of Natural Resources,

F.O. Box 450, Madison, Wis. 53701.Wisconsin Insurance Department, 212

North Bassett St., Madison, Wis. 53703.

Wyoming Disaster and Civil Defense Agency, P.O. Box 1700, Cheyenne, Wyo. 82001.

Department Of Insurance, State of Wyoming, State Office Bldg., Chey­enne, Wyo. 82001.

Mayor, Town of Mount Hope, Mount Hope, W. Va. 25880.

Mayor, City Hall, Town of Fort Gay, Fort Gay, W. Va. 25515.

Village of Menomonee Falls, Municipal Bldg., West 156 North 8480 Pilgrim Rd., Menomonee Falls, Wis^53501.

Mayor, Town Hall, Town of Mander- son, Manderson, Wyo. 82432.

Do.

Do.Do.

Do.

(National Flood Insurance Act of 1968 (title x m of the Housing and Urban Development Act o f 1968) . effective Jan. 28,1969 (33 FR 17804, Nov. 28, 1968), as amended (secs. 408-410, Public Law 91-152, Dec. 24, 1969), 42 U.S.C. 4001-4127; and Secretary’s delegation of authority to Federal Insurance Administrator, 34 PR 2680, Feb. 27,1969)

Issued; September 11,1974.

CHAPTER X— FEDERAL INSURANCE ADMINISTRATION

SUBCHAPTER B— NATIONAL FLOOD INSURANCE PROGRAM

PART 1915— IDENTIFICATION OF SPECIAL HAZARD AREAS

CorrectionOn January 8, 1972, at 37 FR 281, the

Federal Insurance Administrator pub­lished a list of communities with Special Flood Hazard Areas and the map num­ber and locations where Flood Insurance Rate Maps were available for public in­spection. This list included the unincor­porated areas of Fairfax County, Vir­ginia, as an eligible community and in­cluded map No. H 51 059 0000 18 which indicates that Lot No. 561 of Canter­bury Woods, section 9, (present address: 4823 Tabard Place, Annandale, Vir­ginia), Fairfax County, Virginia, as re­corded in Fairfax County, Virginia, Deed Book 3321, Page 530, is, in its entirety, within the Special Flood Hazard Area. A review of the above map and other in­formation by the Federal Insurance Ad­ministration indicates that the above property is not within the Special Flood Hazard Area. Accordingly, effective Janu­ary 7, 1972, map No. H 51 059 0000 18 is hereby corrected to reflect that the above property is not within the Special Flood Hazard Area.(National Flood Insurance Act of 1968 (title AHI of the Housing and Urban Development Act of 1968), effective January 28, 1969 (83 , 17804, November 28, 1968), as amended(secs. 408-410, Public Law 91-152, Deoem- 0^24, 1969), (42 U.S.C. 4001-4127); and secretary’s delegation of authority to Fed­eral Insurance Administrator 34 FR 2680, February 27,1969)

Issued: September 17,1974.G eorge K . B ernstein,

Federal Insurance Administrator.[FR Doc.74-22095 Filed 9 -2 3 -7 4 ;8 :4 5 am]

[FR Doc.74-21859 FUed 9-23-74;8:45 am]

PART 1915— IDENTIFICATION OF SPECIAL HAZARD AREAS

Correction

On Thursday, August 31, 1972, at 37 FR 17704, the Federal Insurance Admin­istrator published a list of communities with Special Flood Hazard Areas and the map number and locations where Flood Insurance Rate Maps were available for public inspection. This list included Winston-Salem, North Carolina as an eligible community and included map No. H 37 067 5120 06 which indicates that Lot No. 5 of Block C in Section No. 2 Cummings Court, Winston-Salem, North Carolina, as recorded in Plat Book No. 17, Page 111, of the Forsyth County Re­cords (existing street address of the prop­erty, 2801 Monticello Drive) is in its en­tirety within the Special Flood Hazard Area. A review of the above map by the Federal Insurance Administration indi­cates that the above property is not with­in the Special Flood Hazard Area. Ac­cordingly, effective August 31, 1972, map No. H 37 067 5120 06 is hereby corrected to reflect that the above property is not within the Special Flood Hazard Area.(National Flood Insurance Act of 1968 (title XIII of the Housing and Urban Development Act of 1968), effective January 28, 1969 (33 FR 17804, November 28, 1968), as amended (secs. 480-410, Public Law 91-152, December 24, 1969), (42 U.S.C. 4001-4127); and Secre­tary’s delegation of authority to Federal In­surance Administrator 34 FR 2680, February 27, 1969)

Issued: September 17,1974.G eorge K . Bernstein,

Federal Insurance Administrator.[FR DOC.74-22094 Filed 9-23-74;8:45 am]

G eorge K . Bernstein, Federal Insurance Administrator.

Title 23— HighwaysCHAPTER I— FEDERAL HIGHWAY ADMIN­

ISTRATION, DEPARTMENT OF TRANS­PORTATION

SUBCHAPTER H— RIGHT-OF-WAY AND ENVIRONMENT

PART 712— THE ACQUISITION FUNCTION

Special Counsel; Correction The document amending Chapter I of

Title 23 of the Code of Federal Regula­tions by adding Part 712, published in the Federal R egister on August 16,1974, at 39 FR 29590, is corrected by changing the last section number in the regulation from § 712.708 (Special Counsel) to § 712.408.

Issued on: September 12, 1974.Norbert T . T iemann,

Federal Highway Administrator. [FR Doc.74-22126 Filed 9-23-74;8:45 am]

Title 29— LaborCHAPTER XVII— OCCUPATIONAL SAFETY

AND HEALTH ADMINISTRATIONPART 1953— CHANGES TO STATE PLANS

FOR THE DEVELOPMENT AND EN­FORCEMENT OF STATE STANDARDSSubpart C— Federal Program Change

SupplementsCorrection

In FR Doc. 74-21091 appearing at page 32905 in the issue for Thursday, Septem­ber 12, 1974, make the following change:

In the second column on page 32905, change the 15th line of paragraph (1) Applicability to standards which reads “standards which were not approved at” to read “are met include review and ap­proval o r ’.

FEDERAL REGISTER, VOL. 39, N O . 186— TUESDAY, SEPTEMBER 24, 1974

34278 M ILK AND REGULATIONS

Title 41— Public Contracts and Property Management

CHAPTER 5A-— FEDERAL SUPPLY SERV­ICE, GENERAL SERVICES ADMINIS» TRATIONPART 5A-6— FOREIGN PURCHASESSubpart 5A-6.1— Buy American Act—

Supply and Service ContractsF oreign P urchases

This change to the General Services Administration. Procurement Regula­tions (GSPR), updates and transfers the policies and procedures related to foreign purchases from Chapter 5, GSPR, to Chapter 5A, GSPR.

The table of contents for Part 5A-6 is amended by deleting §§ 5A-6.100 and 5A-6.104, and adding §§ 5A-6.104-4, 5A- 6.104-50, and 5A-6.105, as follows:5A-6.104—4 Evaluation o f bids and pro­

posals.5A-6.104-50 Evaluating bids for band and

measuring tools.5A-6.105 Excepted articles, materials,

and supplies.§§ 5A-6.100 and 5A -6.104 [Deleted]

1. Section 5A-6.100 is deleted.2. Section 5A-6.104 is deleted.3. Section 5A-6.104-4 is added as fol­

lows:§ 5A—6.104—4 Evaluation o f bids and

proposals.(a) Proposed awards requiring the ap­

proval of the head o f the agency pur­suant to paragraphs (b) and (c) of this section shall be submitted to the Assist­ant Commissioner for Procurement (FP) together with a statement of facts con­taining the following information:

< 1) Description of the item (s), includ­ing unit, and quantity.

(2) Estimated cort.(3) Statement as to whether duty is

Included in estimated cost; If not in­cluded, state the reasons for exclusion.

<4) Transportation costs for delivery to destination if the item is to be pro­cured f .o.b. origin.

(5) Country of origin.(6) Name and address o f proposed con­

tractor (s), if available.(7) Brief statement as to necessity for

procurement.18) Reasons why an award to a small

business concern or labor surplus area concern would or would not be unreason­able as to cost, or inconsistent with the public interest in cases where an award for more than $100,000 to a domestic con­cern would be made if the 12 percent fac­tor is applied, but would not be made if the 6 percent factor is applied.

(9) Reasons for recommending rejec­tion of an acceptable low foreign bid to protect essential national security inter­ests, or rejection o f any bid or proposal for other reasons of national interest.

(b) Except for (a) (8) of this section, prior to final action under paragraph (a) of this section, the Assistant Commis­sioner for Procurement (FP) will obtain advice from the Director, Office of Pre­paredness, GSA, with respect to rejection of bids or offered prices on the grounds

that such rejection is necessary to pro­tect essential national security interests, and apprise the Executive Office o f the President, Office of. Management and Budget, o f the facts in the matter with respect to rejection of bids or offered prices for reasons of the national ihter- est not described or ref erred to in Execu­tive Order. 10582, as amended.

4. Section 5A-6.104-50 is added as follows:§ 5A—6.104—50 Evaluating bids for band

and measuring tools.(a) Appropriation Act restrictions.

Title V, section 505 of Pub. L. 93-143 provides the following:

Se c . 505. No part of any appropriations con­tained in this Act shall be available for the procurement •of or for the payment, of the salary of any person engaged in the procure­ment of any hand or measuring tool(s) not produced in the United States or its posses­sions except to the extent that the Admin­istrator of General Services or his designee shall determine that a satisfactory quality and sufficient quantity of hand or measuring tools produced in the United States or its possessions cannot be procured as and when needed from sources in the United States and its possessions or except in accordance with procedures prescribed by section 6-I04.4(b) o f Armed Services Procurement Regulation dated January 1, 1969, as such regulation existed on June 15, 1970. This section shall be applicable to all solicitations for bids opened after Its enactment.

(b) Definition. “ Hand and measuring tools” are those items listed in Groups 51 and 52, as contained in Cataloging Handbook H2-1, Federal Supply Classi­fication, Part I, Groups and Classes, pub- fished by the Defense Supply Agency.

(c) Solicitation provision. All solicita­tions for hand and measuring tools shall include the following special provision: B u t A m e r ic a n A ct— Ha n d a n d M e a su r in g

T o o ls

Article 14 of Standard Form 52, General Provisions, is amended by Including the fol­lowing at the end o f that provision:

Congressional policy requires that GSA purchases of hand and measuring tools must be from domestic sources except in accord­ance with procedures prescribed by § 6-104.4 (b) of Armed Services Procurement Regula­tion (as such regulation existed on June 15, 1970). Accordingly, bids under this solicita­tion offering domestic source end products normally will be evaluated against bids of­fering other end products by adding a factor o f fifty percent (60%) to the latter, exclusive of Import duties. Details of the evaluation procedure are set forth In § 5A—6.104—50 of the General Services Administration Procure­ment Regulations.

Each bid offering a foreign source end product must state below or on an attach­ment to the bid the amount of duty included in each bid price. Failure to furnish duty in­formation will result in use of the entire item bid price (inclusive of any unspecified duty) when adding the “Buy American” differential.

Amount of duty Item No. Unit • (in dollars and

• cents)

(End of provision)

(d ) Procedures. Bids and proposals for hand and measuring tools shall be eval­uated in accordance with the following procedures.

(N o t e : Congressional policy requires that the procedures in § 6-104.4 (b) of Armed Services Procurement Regulations which ex­isted as of June 15, 1970, shall govern. Ac­cordingly, the following procedures are Fss adaptations to ASPR 6-104.4(b ), the full text of which is shown in § 5A-76.302.):Bids and proposals shall be evaluated to give preference to domestic bids, except the bids offering end products manufac­tured in Canada shall be evaluated on the same basis as bids offering domestic end products after any applicable duty (whether or not a duty free entry certifi­cate is issued) is included for evaluation purposes. Each foreign bid shall be ad­justed for purposes of evaluation either by excluding any duty from the foreign bid and adding 50 percent of the bid (exclusive of duty) to the remainder, or by adding to the foreign bid (inclusive of duty) a factor of 6 percent of that bid, whichever results in the greater evalu­ated price, except that a 12 percent fac­tor shall be used instead of the 6 percent factor if the firm submitting the low ac­ceptable domestic bid is a small business concern, or a labor surplus area concern, or both, and if any contract award to a domestic concern which would result from applying the 12 percent factor, but which would hot result from applying the 6 percent or 50 percent factor, would not exceed $100,000. (If an award for more than $100,000 would be made to a domestic concern and if the 12 percent factor is applied, the matter shall be sub­mitted to the Commissioner, FSS, for a decision as to whether the award to Ibe small business or labor surplus area con­cern would involve unreasonable cost or inconsistency with the public interest.) If the foregoing procedure results in a tie between a foreign bid as evaluated and a domestic bid, award shall be made on the latter. When more than one line item is offered in response to an Invita­tion for bids or request for proposals, the appropriate factor shall be applied on an item-by-item basis, except that the factor may be applied to any group of items as to which the invitation for bids or requests for proposals specifically pr°" vides that award may be made on a par­ticular group of items.

(e) Supplemental instructions. The following examples illustrate how the procedure in -(d) above, should be ap­plied. Throughout these examples, -‘for­eign bid” means a bid or offered price for a foreign end product which is not a Canadian end product; “domestic bid- large” means a domestic hid which is not from a small business or labor surplus area concern, and “ domestic bid—small means a domestic bid which is from either a small business concern or »labor surplus area concern, or both. Bid prices are evaluated net prices including con­sideration of transportation costs and prompt payment discounts. The same differentials shall be applied when using small purchase procedures.

FEDERAL REGISTER, V O L 39, N O . 186— TUESDAY, SEPTEMBER 24, 1974

RULES AND REGULATIONS 34279

E x a m p l e AForeign, b id , including duty o f $4,500_ $14,500Domestic b id — large----------------------- 15,100Domestic b id — small----------------------- 15,110Award on domestic bid—large. Domestic bid—small is out because it is not the low acceptable domestic bid. Foreign bid, if ad­justed by the 50 percent factor, would be $14,500 less $4,500 duty (i.e., $10,000), plus SO percent of $10,000 (i.e., $5,000), or $15,000; but if adjusted by the 6 percent factor, it would be $14,500 plus 6 percent of $14,500 (is., $870), or $15,370; therefore, the 6 per­cent factor is added and domestic bid— large is the low evaluated bid.

Ex a m p l e BForeign bid, including duty o f $2,000- $12,000 Domestic bid—large— — ----- — 15,000Award on domestic bid— large. Foreign bid adjusted by 50 percent factor is $15,000; ad­justed by 6 percent factor, it is $12,720. Therefore, foreign bid is evaluated at $15,000, resulting in a tie and consequent award on the domestic bid—large.

Ex a m p l e CForeign bid, including . duty o f

$3,500 ___ —___________ __ _____ $13,500Domestic bid;—large_____ ________ 17,000Domestic bid—Sm all--— - __ _ 15,100Award on domestic bid—small. Foreign bid adjusted by 50 percent factor is $15,000; ad­justed by 12 percent factor, it is $15,120. Therefore, it is evaluated at $15,120, resulting in award on the domestic bid—small.

Ex a m p l e DForeign bid, including duty of

$70,000 ____ — — ________ ____- $270,000Domestic bid—large_____________- 310,000Domestic bid—small_____ _________ 302,000Foreign bid adjusted by 50 percent factor is $300,000; adjusted by 12 percent factor, it is $302,400; adjusted by 6 percent factor, it is $286,200. Therefore, domestic bid—small is in line for possible award only because of the bidder’s small business or labor surplus area status. But since the contract award would exceed $100,000, the matter requires submis­sion for decision pursuant to S 5A-6.104- 50(d),

5. Section 5A-6.105 Is added as follows.

which can be used as a reasonable sub­stitute.

(b) Ordinarily, the findings and de­termination of nonavailability shall be prepared in the format shown below:

G en e r a l Services Ad m in is t r a t io n

Reference N o.________FINDINGS AND DETERMINATION OF NONAVAIL­

ABILITY TINDER THE BUY AMERICAN ACT RE­GARDING PURCHASE OF (INSERT DESCRIPTION)

Pursuant to the provisions o f the Buy American Act (41 TJ.S.C. lO a-d), and Ex­ecutive Order 10582, December 17, 1954 (3 CFR Supp.), and by virtue o f delegated au­thority, the following findings of fact and determination are hereby made:

1. Findings (set forth a statem ent o f facts).

2. Détermination. In view o f the forego­ing, it is hereby determined that for the purposes o f the Buy American Act (insert item description) is not mined, produced, or manufactured at the present ,time in the United States in sufficient and reasonably available commercial quantities and o f a satisfactory quality.Date ______________ (S ign ed)_______________

(End of Findings and Determination)(c) When it has been determined that

the Buy American Act is not applicable to the purchase of the end product, or to the components from which it is manu­factured, the original of the determina­tion shall be made a part of the contract file. In addition, a statement substan­tially as follows shall be inserted in the applicable contract documents:

D e t e r m in a t io n o f N o n a v a il a b il it y o f D o m e s t ic S u p p l ie s

For the purpose o f the Buy American Açt, the (insert title o f person making deter­mination) , General Services Administration, has determined that (insert item descrip­tion) is not mined, produced, or manufac­tured at the present time in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality. (End o f Statement.)(Sec. 205(c), 63 Stat. 390; (40 UJS.O. 486(c) ) )

§ 5A-6.105 Excepted articles, materials, and supplies.

(a) Requests for determinations cor ceming nonavailability of domestic sup plies (see § 1-6.103-2) shall be submitte on a case-by-case basis, with an appro priate statement of facts and a propose determination to the appropriate PS Central Office Assistant Commissione: Regional Commissioner, or other equiva lent official authorized to make this d€ termination. The statement of facl shall include the following information

(1) Description of the item (s), in eluding unit and quantity;

12) Estimated cost, including duty, j soy (show the am ount o f duty sep arately).

(3) Transportation costs for delivery jo destination, if item is to be procured i.o.b. origin.

(4) Country of origin.(5) Name and address o f prospective

contractors), if available.vo) Brief statement as to the neces­

sity for the procurement.(7) Statement of effort made to pro­

cure a similar item of domestic origin or a that there is no domestic item

Effective date. These regulations are effective on the date shown below.

Dated: September 10, 1974.M . J. T imbers,

Commissioner, Federal Supply Service.

[FR Doc,74-22116 Filed 9-23-74; 8:45 am]

CHAPTER 114— DEPARTMENT OF THE INTERIOR

PART 114-60— PERSONAL PROPERTY MANAGEMENT

Pursuant to the authority of the Sec­retary of the Interior contained in 5 U.S.C. 301 and sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c), Part 114-60 of 41 CFR Chapter 114 is amended as set forth below.

This amendment relates only to matters of internal Department prac­tice. It is, therefore, determined that the public rulemaking procedure is unneces­sary and this amendment shall become effective September 24, 1974.

R ichard R . H ite , Deputy Assistant Secretary

of the Interior.July 19, 1974.

1. Section 114-60.000 is revised, §8 114- 60.001— 114.60.003 are added, and Sub­part 114-60.1 is revised to read as follows:Sec.114-60.000114-60.001114-60.002114-60.003

Scope of part. Supplemental regulations. Compliance reviews. Optional forms.

Subpart 114-60.1— General114-60.100114-60.101114-60.102114-60.103114-60.103-1114-60.103-2

114-60.103-3114-60.104

114-60.105114-60.106

Definitions.Statutory provisions.Regulatory requirements.Property controls.Accountability.General Ledger control ac­

counts.Property records.Use of Government property

restricted to - official pur­poses.

Property irregularities.Property loss/dam age/destruc­

tion.A u t h o r it y : (5 U.S.C. 301), sec. 205(c). 63

Stat. 390 (40 U.S.C. 486(c) ) ;

§ 114—60.000 Scope o f part.This part prescribes basic policies and

procedures governing the management of personal property which are not appro­priate for codification in other parts of the Interior property management reg­ulations. The provisions of this part are applicable to the personal property ac­quired by all Bureaus and Offices of the Department of the Interior. Compliance with the basic requirements established herein will insure that proper records of all personal property are maintained and that such property is protected, pre­served, arid used only for official pur­poses.§ 114—60.001 Supplemental regulations.

The head of each Bureau and Office shall issue such supplemental regula­tions, not inconsistent with the provi­sions of this Part 114-60, as deemed necessary for proper implementation of Interior Property Management Regula­tions.§114—60.002 Compliance reviews.

The head of each Bureau and Office shall provide for such periodic review of the property management operations at regional and other field office levels as he deems necessary to insure that an adequate and effective personal prop­erty management program, appropriate to the mission of each such field office, is established and maintained in ac­cordance with the provisions of this Part 114-60 and applicable Bureau reg­ulations.§ 114—60.003 Optional forms.

Department of the Interior forms, il­lustrated in appendix I through V in of Subpart 114-60.1, are provided for op­tional use in carrying out the provisions of this part 114-60. These forms may be modified to accommodate individual Bu­reau or Office requirements at the dis­cretion of the head thereof. However, such modified forms shall contain no less data than are required to be included in the forms provided in appendix I through V in. If a Bureau or Office adopts the use of modified forms in lieu of Department

FEDERAL REGISTER, VOL. 39, NO . 186— TUESDAY, SEPTEMBER 24, 1974

34280 RULES ANO REGULATIONS

of the Interior forms, it shall assign ap­propriate Bureau or Office numbers to such modified forms.

Subpart 114-60.1— General § 114—60.100 Definitions.

The terms used in this Part 114-60 are defined as follows:

(a) Personal -property. Personal prop­erty means property of any kind or any interest therein, except ( 1) real property,(2) records of the Federal Government, and (3) vessels of the following cate­gories: Battleships, cruisers, aircraft carriers, destroyers, and submarines. Spe­cifically, personal property includes all equipment, materials, and supplies, un­less or until incorporated in or perma­nently affixed to real property.

(b) Accountable officer- The officiates) of the Bureau or Office designated by the head thereof or other official not below the regional (or comparable) level, as responsible for insuring the establish­ment and maintenance of adequate prop­erty accounting records and effective control over the property assigned for use of the organization or a particular element (e.g., region, area, project, park, refuge, or other office) of the organiza­tion. As a general rule, the head of the organizational unit having jurisdiction over the property should be designated as the "accountable officer*’ for such property.

<c) Property accountability. The obli­gation of the official designated as the accountable officer to establish and main­tain adequate property accounting rec­ords and safeguards to insure effective control over the property under his ad­ministrative jurisdiction. This obligation may not be delegated to other officers or employees, although the property record­keeping function and responsibility for the use, care, and safekeeping of prop­erty may be assigned to others.

(d) Property responsibility. The obli­gation o f an individual for the proper use, care, and safekeeping of property entrusted to his possession or under his direct supervision.

(e) Expendable property. As used In ibis Part 114-60, the term "expendable property” has two meanings:

<1) Property which, when put to use, is consumed, loses its identity, or becomes an integral part of other property, and

(2) Property which, although nonex­pendable by definition, is administra­tively considered and treated as expend­able because of its high rate of breakage in service, short service life, or relatively insignificant value.

(f) Nonexpendable property. Property which has continuing use as a self-con­tained unit; is not consumed hi use; does not lose its identity when put to use; or does not ordinarily become a component of other equipment or plant.

(g) Capitalised property. Nonexpend­able property, the value of which is charged to an asset account (general ledger control account) in the finance office and is to be distributed to capital accounts in accordance with established Bureau procedures.

(h) Noncapitalized property. Nonex­pendable property, the value o f which Is charged to an expense account, either when issued for use or at time of receipt.

(i) Materials and supplies. Property items which, when put to use, are con­sumed, lose their identity, or become an integral part o f other property. (Synony­mous with expendable property as de­fined in paragraph (e )(1) of this sec­tion.)

(j) Neglect and negligence. Neglect and negligence is the failure or omission to observe, for the protection of the in­terests o f the Government, that degree of care, precaution, and vigilance which the circumstances justly demand, whereby the Government suffers loss, damage, or destruction of property.

Xk) Loss. The terms "loss” and "prop­erty loss” are used frequently to indicate the loss of, damage to, or destruction of, property of the United States and other property under the control of the De­partment of the Interior. They are used as comprehensive terms to avoid repeti­tion of the longer expression.§ 114—60.101 Statutory provisions.

(a) The importance of adequate prop­erty accounting has been specifically rec­ognized by the Congress in section 202(b) of the Federal Property and Administra­tive Services Act of 1949, as amended <40 U.S.C. 483(b) ) . This section re­quires that each executive agency shall maintain adequate inventory controls and accountability systems for property under its control.

(b) Title 31 of the United States Code (31 U.S.C. 66a) requires that each ex­ecutive agency shall establish and main­tain systems of accounting and internal control designed to provide effective con­trol over and accountability for all prop­erty for which ft is responsible.

<c) Title 18 of the United States Code (18 U.S.C. 641) provides that:

Whoever embezzles, steals, purloins, or knowingly converts to his use or the use of another, or without authority, sells, conveys, or disposes of any record, voucher, money, or thing of value of the United States, or of any department or agency thereof, or any prop­erty made or being made under contract for the United States, or any department or agency thereof; or

Whoever receives, conceals, or retains the same with intent to convert it to his use or gain, knowing it to have been embezzled, stolen, purloined, or converted—

Shall be fined not more than $10,000 or Imprisoned not more than 10 years, or both; but if the value of such property does not exceed the sum of $100, he shall be fined not more than $1,000 or imprisoned not more than 1 year, or both.§ 114—60.102 Regulatory requirements.

General Government-Wide regulations governing the maintenance of adequate property accounting records are con­tained in subsection 12.5 of the General Accounting Office Policy and Procedures Manual. These regulations include prin­ciples and standards relating to :

(a) The recordation, classification, and capitalization of property,

(b) The talking of periodic physical

Inventories of property on hand, and<c) The reconciliation and adjustment

o f differences between quantities of property determined by physical inven­tories and those reflected in the account­ing records.§' 114—60.103 Property controls.§ 114-60.103-1 Accountability.

AH property acquired by the Govern­ment shall be charged to an accountable officer immediately upon receipt of the property regardless of thè source from which the property was acquired. Prop­erty accountability remains fixed until an acountable officer is relieved of such accountability by one of the following:

(a) Transfer of accountability to an­other accountable officer in accordance With IPMR 114- 60:703;

(b) Transfer of available property to another accountable officer Within the Department and transfer of excess prop­erty to another Government agency (§ 114-43.102-53) ;

(c) Sale of property under the condi­tions and limitations set forth in FFMR 101-45.3 and IPMR 114-45.3;

(d) Authorized condemnation, de­struction, abandonment, or donation;

<e) Board o f Survey procedures as set forth in IPMR 114-60.9.§ 114—60.103—2 General ledger con­

trol accounts.Each Bureau and Office shall estab­

lish and maintain general ledger control accounts to properly account for all cap­italized personal property acquired or to be acquired in accordance with the pro­visions of this Part 114-60. All basic property accounting systems and proce­dures shall be cleared with the Office of the Assistant Secretary—Management (Reference shall be made to the Budget and Accounting Procedures Act of 1950 (64 Stat. 832) ) .§ 114—60.103—3 Property records.

Each Bureau and Office shall estab­lish and maintain records to identify the units of property acquired, the cost of which is recorded in general ledger con­trol accounts. The total valuation of property reflected in these records and the general ledger control accounts shall be reconciled at periodic intervals and any necessary adjustments, properly and adequately supported, made to bring these two records into complète agree­ment.§ 114—60.104 Use o f Govern meni prop­

erly restricted to official purposes.

No officer or employee o f the Depart­ment shall use or authorize the use of Government property for other than official purposes (See 18 U.S.C. 641 and § 114-60.101(0 ) . The use of such prop­erty in rendering assistance in major disasters or other emergency situations pursuant to 205 DM 1 and 905 DM. would be for an official purpose. Simi­larly, it would be proper to make suen property available in accordance with« cooperative arrangement or a contras which is made pursuant to authority vested in the Department.

FEDERAL REGISTER, V O L 39, NO. 186— TUESDAY, SEPTEMBER 24, 1974

§ 114—60.105 Property irregularities.As provided In 355 DM 2, matters in­

volving any Irregularity in the use of, or accounting for, Government property are to be handled in accordance with the instructions contained in 356 DM 1. Cases of theft or vandalism are to be immedi­ately reported to local or Federal law enforcement officers except in those in­stances where there is an indication of employee involvement, In any instance involving property irregularities subject to the provisions of 355 DM 2, final Board of Survey Action should be deferred un­til completion of action by the Office of the Secretary.§114—60.106 Properly loss/damage/

destruction.When Government property is lost,

damaged, or destroyed, the Board of Sur­vey will conduct an official investigation of the facts and circumstances surround­ing such loss, damage, or destruction in accordance with § 114-60.9. In making its investigation, the Board of Survey will consider the possibility that the em­ployee (s) involved were responsible for the loss, damage, or destruction. In any instance where such a possibility does exist, the Board will use the following guidelines in making its recommenda­tions pertaining to the financial liability of any employee:

(a) Employees will not be held finan­cially liable for loss/damage/destruction attributable to inexpert Use, inadequate supervision or instruction, or inherent defects in the property.

(b) Under circumstances other than the above, employees will hot be held financially liable unless, after thorough investigation, it is determined that the property involved was being used for other than official purposes, or that the loss/damage/destruction was due to an act or omission of the employee (s) which is of such nature as to constitute miscon­duct, willful negligence, or a wanton and reckless disregard for the property. In each instance where such an investiga­tion is to be conducted, the employee(s) involved will be given due notice o f the investigation and will be permitted to submit written, signed statements for the investigative file. Employees and ac­countable officers should be relieved of accountability and financial liability for lost/damaged/destroyed Government property when they satisfactorily ex­plain, and the evidence is consistent with such explanation, that, under the cir­cumstances of the case, the loss occurred despite all reasonable precautions taken by the individual(s) concerned.

(c> In the case of missing property where the employee is unable to produce the property and is unable to explain meaningfully the circumstances trader which it disappeared, the Board will usually be concerned with the question as to whether the employee had, or should have had, adequate control over and custody of the property. If the nature of the property or the circumstances of the employee's holding it were such that custody and control were unimpaired,

RULES AND REGULATIONS

the Board would understandably be re­luctant to recommend that the employee should be relieved of financial liability.

(d) A sufficient amount of evidence of loss resulting from, but not limited to, the following, will be regarded as just cause for denial of relief from respon­sibility and for imposing financial lia­bility:

(1) Intent to defraud.( 2) When cause of loss was due to mis­

conduct or failure to follow standards of procedures prescribed and disseminated by written or oral means by the account­able or responsible official.

(3) Failure to exercise such super­vision over subordinates as normally might be expected to detect delinquencies trader paragraph (d) (1) or (2) of this section, or failure to report such delin­quencies to proper authorities.

(e) Any deliberation as to the question of an employee’s financial liability must be completely separate and apart from, and without prejudice to, any personnel action that may be under consideration (e.g., admonishment, reprimand, suspen­sion, reassignment, demotion, etc.). The assessment of financial liability is not to be used in lieu of, or as a form of, dis­ciplinary action, and some cases merit both actions.

(f) When the Board of Survey recom­mends that an employee should be held liable for property loss/damage/destruc­tion, the Board will determine the extent of financial liability for which the em­ployee should be held liable. The amount of liability for property damage should be the estimated or actual cost or re­pairs for damage that was a direct result of the incident, regardless of whether or not the property is repaired. The amount of liability for. lost or destroyed property should be the estimated fair market value of the property based upon the last known condition and age of the property at the time of its loss or destruction.

(g) Prompt action is required. Survey action will be initiated as promptly as possible upon discovery of property loss/ damage/destruction. A delay of over 30 days in originating survey action will be regarded as being without justification unless the cause of delay is fully and ade­quately explained by the accountable officer.

(h) The Board’s recommendations as to the financial liability of an employee are subject to approval by appropriate reviewing authority (§ 114-60.905).

(i) When it is determined that an em­ployee should be held liable for property loss/damage/destruction, the Govern­ment will establish its claim against the employee, Usually by billing the employee for the amount involved. (Payment of such billing does not convey title to the property.) If the employee does not con­sent to reimburse the Government for the amount billed, there is no statutory authority under which the amount can be withheld from current salay payments due the employee. However, this pro­hibition does not apply to final salary payments or to lump sum leave payments

34281

due the employee at the time of separa­tion from service (29 CG 99).

(j) An employee who feels that a de­termination of financial liability was un­fair or unjust has the right of appeal through bureau and Departmental griev­ance procedures (see 370 DM 771).

2. Subpart 114-60.9 is added to read as follows:Subpart 114-60.9— Board of Survey Procedures Sec.114-60.900 Scope of subpart.114-60.901 Requirement for survey action. 114-60.902 Documentation required. 114-60.903 Survey authority.114-60.904 Responsibilities of a Board of

Survey.114-60.905 Reviewing authority.

Au t h o e it y : (5 U.S.C. 301), sec. 205(c), 635 Stat. 390 (40 U.S.C. 486(c)).

Subpart 114-60.9— Board of Survey Procedures

§ 114—60.900 Scope o f subpart.This subpart establishes the basic

requirements for the appointment of boards, of survey or other survey authori­ties to investigate circumstances sur­rounding lost, stolen, damaged, and un­serviceable property, and to report find­ings and make recommendations for (a) relieving the accountable officer of ac­countability for the property, and (b) establishing the possibility of personal liability for damaged or missing prop­erty. It also provides for the review of any survey action by an appropriate re­viewing authority for final determina­tion as to financial liability and disposi­tion of the property.§ 114—60.901 Requirement for survey

action.(a) Survey action is required to docu­

ment the circumstances under which property is lost, damaged, stolen, or de­termined to be unserviceable. Accounta­ble officers shall be required to request relief of responsibilty for such property by initiating either a Report of Survey, Form DI-103, illustrated in Appendix VUI of Subpart 114-60.1, or a Certificate of Loss or Damage under the circum­stances set forth in § 114-60.902(b). Complete documentation is essential, and information provided shall be such that Boards of Survey and other review­ing officials will be able to make intelli­gent and impartial decisions concerning the disposition o f the property and dev terminations as to any financial liabil­ity in accordance with § 114-60.106.

(b) Exceptions: Survey action is not required for the. following types of prop­erty disposal actions which are otherwise authorized and amply documented:

(1) Transfer of available property (as defined in IPMR 114-43.104-50) to another accountable office within the holding bureau or within the Depart­ment;

(2> Transfer of excess property to another Federal agency;

(3) Donation o f surplus personal property to eligible recipients in accord­ance with FPMR 101-44 and subject to

FEDERAL REGISTER, V O L 39, N O . T 8 6 — TUESDAY, SEPTEMBER 24, 1974

34282 RULES AND REGULATIONS

the limitations specified in IPMR 114- 44.5;

(4) Exchange/sale in accordance with FPMR101-46; and

(5) Sale of surplus property, includ­ing scrap, when such property has been released by the General Services Ad­ministration for disposal by the holding activity.§ 114—60.902 Documentation required.

(a) Form DI-103, Report, of Survey, is required for:

(1) Loss of property when the origi­nal acquisition cost exceeds $100.

(2) Property damage that exceeds $100 (except for damage to a Govern­ment vëhicle resulting from a motor ve­hicle accident that is investigated and reported in accordance with 395 DM 4, in which case there is no need for a Re­port of Survey unless there is a need to determine whether or not an employee should be held financially responsible for the damage. Any recommendation or determination as to financial liability for motor vehicle damage should be based on the official report .of the inves­tigation, and then only after final dis­position of any tort claim that may be involved or it is determined that there is no probability that a tort claim will be filed).

(3) Condemnation of property for salvage, reduction to scrap, destruction, and abandonment, regardless of cir­cumstances, when the original acqui­sition cost of the property involved ex­ceeds $100.

(4) Donation to public bodies as set forth in IPMR 114—44.5.

(5) Any circumstance, except motor vehicle accidents, in which there is a possibility of a claim against the Gov­ernment in connection with the admin­istration, care, and use of Government property.

(b) A Certificate of Loss or Damage may be used in lieu of a Report of Sur­vey to document loss of, or de mage to, property in those instances where the total amount of the loss or the extent of damage to all items involved does not exceed $100, and possible claims against the Government are not involved. Form DI-103 may be used as a Certificate of Loss or Damage provided the title “Re­port of Survey” is obliterated and the title “Certificate of Loss or Damage” is substituted therefor. Alternate proce­dures are authorized provided they re­quire, as a minimum, the responsible em­ployee’s certification as to the circum­stances under which the property was lost or damaged, the findings and rec­ommendations of the employee’s super­visor or the responsible property officer, and review and approval by a respon­sible Reviewing Officer designated in

'accordance with § 114-60.905.(c) Any form used shall be prepared

in triplicate (as a minimum), with one copy being retained for record purposes by the initiating office. The original and other copy (or copies) will be submitted through channels for approval or dis­approval. When approved, the original will be used to make appropriate ad­

justments to the property records, after which a copy will be annotated and for­warded to the initiating office.§ 114r-60.903 Survey authority.

When survey action is required, it may be conducted by the following authori­ties:

(a) A Board of Survey, consisting of not less than three members appointed by the head of the bureau or office, the regional director or comparable official, or the accountable officer. Neither the accountable Officer nor the employee re­sponsible for the property to be sur­veyed shall be a member of the Board of Survey. A standing Board may be appointed to act on all cases, or the Board may be selected on a case-by-case basis.

(b) A traveling survey officer ap­pointed by the head of the bureau or office or by the regional director or comparable official. Traveling survey of­ficers may conduct surveys, report find­ings and recommendations, and approve Reports of Survey (made by themselves or by others) except those relieving themselves or their own administrative supervisors.

(c) A local survey officer appointed by the accountable officer. Appointment of a local survey officer pursuant to this paragraph shall be for the single pur­pose of simplifying and facilitating sur­veys of property which has been ren­dered unserviceable due to fair wear and tear in service, and this authority shall not be extended to any other circum­stance. Local survey officers may (1) inspect wornout property, (2) make rec­ommendations as to what disposition should be made of the property, and (3) witness the destruction and/or reduc­tion to scrap of the property after such disposition has been approved by the

. reviewing authority, except in those in­stances where the Property Officer is appointed as the local survey officer.

(d) Special Boards of Survey shall be appointed (by the head of the bureau or office or by the regional director or comparable official) to investigate un­usual losses such as those resulting from disaster (e.g., fire, flood, drought, etc.). Copies of special reports rendered by such Boards may be made attachments to Report of Survey, Form DI-103, to comprise a document of entry to prop­erty records and accounts.§ 114—60.904 Responsibilities o f a

Board o f Survey.(a) Boards of Survey and Survey Of­

ficers must fully investigate matters sub­mitted to them. They will call for all evidence obtainable and will not limit inquiries to evidence or statements pre­sented by parties in interest. They will examine and verify all evidence pre­sented and available, and make recom­mendations consistent with the circum­stances and findings disclosed by such examination. Where additional data or proof is required to fully support a find­ing, it should be developed by the Board of Survey through impartial investiga­tion in which the legitimate interests

of both the individual and . the Govern­ment are completely protected. Recom­mendations must be supported by logi­cal findings. Facts, circumstances, con­clusions, findings, and recommendations must be clearly stated and fully docu­mented when it is determined that an employee or employees should be held financially liable. Complete data must be available in the event of an employee appeal through Bureau and Departmen­tal grievance procedures (370 DM 771).

(b) In the case of property loss/dam- age/destruction, the Board of Survey will follow the guidelines set forth in 114-60.106.

(c) Boards of Surrey should carefully examine property being surveyed. Where the Board finds that the property has further usefulness, either as is or after justifiable repairs or reconditioning, it may recommend that the property be continued in service.

(d) Where final Board of Survey ac­tion directs the destruction or reduction to scrap of property, such disposition should be witnessed by at least one mem­ber of the Survey Board. In those in­stances where a member of the survey board cannot witness the reduction of property to scrap, the Board will appoint a witnessing officer who shall be a re­sponsible official other than the ac­countable officer or a previous custodian of the property.§ 114—60.905 Reviewing authority.

Authority to approve or disapprove Re­ports of Survey and Certificates of Loss or Damage shall be vested in a reviewing authority. This reviewing authority shall be (a) the head of the bureau or office, (b) the head of a regional, area, or com­parable office, or (c) traveling survey officers designated by either of the fore­going designated to serve as a reviewing authority such as provided in § 114- 60.903(b). With the exception of travel­ing survey officers as provided in § 114-60.903 (b ), a reviewing authority shall not include any member of the Board of Survey which acted in the par­ticular case under consideration. Under no circumstances shall a reviewing au­thority include the accountable officer for the property involved.

Note: The Department of Interior Manuals (DM's) referred to in this document have not been filed with the original document, and these references are not to be considered in­corporated by reference within the meaning of 5 TLS.C. 552 and 1 CFR Part 51,

[PR Doc.74-17121 Piled 9-23-74:8:45 am]

Title 43— Public Lands: InteriorSUBTITLE A— OFFICE OF THE

SECRETARY OF THE INTERIORPART 27— NONDISCRIMINATION IN AC­

TIVITIES CONDUCTED UNDER PER­MITS, RIGHTS-OF-WAY, PUBLIC LAND ORDERS, AND OTHER FEDERAL AU­THORIZATIONS GRANTED OR ISSUED UNDER TITLE II OF PUBLIC LAW 93- 153On April 26, 1974, there was pub­

lished in the F ederal R egister (39 I® 14718) a notice of proposed rulemaking

FEDERAL REGISTER, VOL. 39, N O . 186— TUESDAY, SEPTEMBER 24, 1974

RULES AND REGULATIONS 34283

to Issue regulations to implement section 403 of Public Law 93-153 which states as follows:

The Secretary of the Interior shall take such affirmative action as he deems neces­sary to assure that no person shall, on the grounds of race, creed, eolor, national origin, or sex, be excluded from receiving or par­ticipating in any activity conducted under, any permit, right-of-way, public land order, or other Federal authorization granted or issued undfer this title. The Secretary of the Interior shall promulgate such rules as he deems necessary to carry out the pur­poses of this subsection and may enforce this subsection and any rules promulgated under this subsection through agency and Depart­ment provisions and rules which shall be similar to those established and in effect under Title VI of thé Civil Bights Act of 1904.

The following regulations are issued to carry out the purposes of section 403. The regulations reflect changes which were made as a result of comments received on the proposed rules, all of which were carefully reviewed.

The Department received comments proposing changes in most of the pro­visions in the regulations. Several com­ments took issue with the scope of the rules.

Comments proposed that the Depart­ment delete provisions contained in §§ 27.2 through 27.6, relating to applica­tion of the rules, prohibited discrim­ination, assurances of compliance with the rules, and requirements for imple­mentation. Comments proposed that the Department replace those sections with a single requirement that recipients of authorizations to which section 403 ap­plies file appropriate plans for achieving the objectives of section 403. In making the decision to maintain §§ 27.2 through 27.6, the Department determined that agency requirements should be clearly set forth. It also determined that spe­cific provisions were required to meet the Congressional mandate of applying pol­icies, rules, regulations and orders of the various Federal agencies relating to equal opportunity to activities con­ducted under federal authorizations to which section 403 applies.

Several comments took issue with the scope of the proposed regulations on the basis that they contain provisions whichexceed the mandate of section 403.

Comments proposed deletion of provi­sions relating to services, financial aids, tod benefits, on the basis that such ac­tivities were not applicable to construc­tion of the Alaska Pipeline. The comments also proposed deletion of pro­visions requiring affirmative action to include persons protected by section 403 in activities conducted under federal au­thorizations, on the basis that section 403 Provides authority only to prohibit ex­clusion of protected persons from activi­ties conducted under Federal author­izations.

The Department determined to main- ain provisions of the proposed regula- itos. it determined to maintain provi­

s o s relating to services, financial aids, q benefits on the basis that such activi­

ties could and probably would be con­ducted under Federal authorizations, even if they were not involved in current activities. The Department based its de­cision upon section 403, in its reference to all activities conducted undfer Federal authorizations, and on Government equal opportunity regulations referred to by the Congress as guidelines for these regulations, in their particular reference to services, financial aids, and other benefits.

The Department also determined that government equal opportunity regula­tions, as well as the express language of section 403, requirëd provisions to assure affirmative action to cause nondiscrim- inatory practices in activities conducted under Federal authorizations to which section 403 applies.

Other comments stated that the pro­posed regulations exceed the authority of section 403 in their application to estab­lishments and operations “made possible in whole or in part” by any Federal au­thorization to which the regulations apply. Comments stated that section 403, in its reference to activities “conducted under” Federal authorizations, would not apply to certain of the establishments and operations covered by the proposed regulations, as they would not be con­ducted under Federal authorizations. On that same basis, comments took issue with application of the proposed regula­tions to those facilities of contractors which were not engaged in activities conducted under those authorizations.

The Department made changes in the regulations to exempt establishments whieh have no contractual relationship with recipients of Federal authorizations to which section 403 applies, or their con­tractors or subcontractors. The Depart­ment also determined to exempt those facilities of recipients, their contractors and subcontractors, which are in no way connected with performance of activi­ties conducted under Federal authoriza­tions. Those changes were made as it did not appear that section 403 requires or clearly suggests that the regulations ap.- ply to those facilities. The Department further determined that exemption of those facilities would not be detrimental to assuring nondiscrimination on the Alaska Pipeline Project.

Other comments requested exemption from the requirements of the regulations for work performed outside the United States. In order to provide consistency with other government equal opportu­nity regulations, the Department pro­vided an exemption with regard to work performed outside the country by em­ployees who are not recruited within the United States,

Comments requested that the Depart­ment replace employment provisions in the proposed regulations with employ­ment obligations set forth in the Agree­ment and Grant of Right-of-Way for the Trans-Alaska Pipeline. This alter­native was rejected because it was deter­mined that provisions in the regulations more dearly implemented section 403, and more clearly set forth responsibilities

for assuring compliance with the regula­tions.

Comments were received requesting that the requirements for employment on construction projects not exceed require­ments established for “home-town’* plans established under Executive Order 11246. The Department determined to adopt the requirements established in “home­town” plans. The decision was made in order to provide consistency in Government regulations. The decision was also made for the reason that the Alaska Hometown Plan provides for amendment to include employ­ment opportunities arising from con­struction of the Pipeline. The Depart­ment did, however, maintain the option of requiring additional construction goals where they are not established under “home-town” plans, in order for example, to require construction goals for women, which are not established under “home­town” plans. The Department determined that such a provision was necessary in order to provide the nondiscriminatory assurances required by section 403.

Other comments requested that the regulations make provision for filling employment vacancies on the Pipeline Project, in those instances where unions are unable to provide qualified appli­cants and employers are deficient in meeting affirmative action goals. Com­ments proposed that the regulations re­quire that the State of Alaska Employ­ment Office be offered the first opportu­nity to fill vacancies. The Department did not adopt the proposal for the reason that existing government equal opportu­nity regulations do not require employ­ment selection from specified sources. It further did not appear that the provi­sions of section 403 require or suggest specification.

Comments took issue with those re­quirements in the regulations which ex­ceed Federal procurement requirements relating to utilization of minority busi­ness enterprises, on the basis that the regulations require more of its recipients and contractors than is required of other contractors doing business with the Gov­ernment. The Department made the deci­sion to maintain provisions requiring goals for contracting with minority busi­ness enterprises, and other specific pro­visions which exceed existing Govern­ment requirements relating to utiliza­tion o f minority business enterprises. The Department determined that section 403, in authorizing the Secretary to promul­gate rules he deemed necessary to carry out the purposes of the section, would also provide authority for extension of existing government requirements. It was also determined that the regulations of­fered greater assurance of contracting opportunities in both their specificity and in their increased application tp smaller contracts. Further, provisions in the reg­ulations requiring affirmative action goals utilize a mechanism which has proved effective in meeting objectives of other government equal opportunity programs.

Coinments proposed that the Depart­ment raise to $500,000 the $50,000 con-

FEDERAL REGISTER, VOL. 39, N O . 186— TUESDAY, SEPTEMBER 24, 1974

34284

tractual level for requiring the minority business contracting program set forth in § 27.6(c). They maintained that other provisions in the regulations offer pro­tection of opportunities on smaller con­tracts, and that application of § 27.6(c) to those contracts would cause reluctance to provide services and supplies for the Pipeline Project, particularly where equipment or supplies were in low supply, or where contractors had limited con­nection with the Pipeline. The comments also argued that application of § 27.6(c) to small contractors would create an undue enforcement burden on recipients in meeting their obligation to assure their contractors’ adherence to the regula­tions.

The Department determined to apply the requirements of § 27.6(c) to all con­tracts over $150,000 as it determined that application of the provisions to smaller contractors might create the problems addressed by the comments. It was fur­ther determined that application of the provisions to those contractors was not necessary to gain contracting opportuni­ties on small projects, as other provi­sions in the regulations require affirma­tive action to contract with minority business enterprises on all contracts of $10,000 or more. An additional factor in making the determination to raise the contractual level was the exemption of small contracts from specific contract­ing programs which exists in other gov­ernment regulations requiring utiliza­tion of minority business enterprises.

The Department did not raise the con­tractual level beyond $150,000 as it was determined that the requirements of § 27.6(c) would not create an undue bur­den for larger contractors. It was also determined that raising the amount to higher levels could be detrimental to as­suring contracting opportunities for minority enterprises.

Comments proposed deletion of provi­sions requiring affirmative action with regard to business enterprises owned or controlled by women. Those comments took the position that complaints alleg­ing sex discrimination are based pri­marily upon denials of employment, rather than contracting, opportunities. The Department determined to maintain provisions in the proposed regulations omthe basis that section 403, in prohibit­ing discrimination in all activities, would provide authority to address discrimina­tion against women in contracting activities.

Comments also proposed deletion of the requirement that recipients and con­tractors take necessary steps to assist minority business enterprises in obtain­ing and maintaining suitable bonding re­quirements, on the basis that the pro­vision appears to require that recipients and contractors serve as bonding com­panies. As it was not intended that the provision require creation of bonding companies or the guarantee of bonding availability, the language of the provision was changed to clarify that the regula­tions require specific actions to assist potential minority business enterprises in obtaining and maintaining suitable

RULES AND REGULATIONS

bonding capabilities, in those instances where bonds are required.

A large number of comments requested “set asides” for minority businesses. They also proposed funding for minority busi­ness trade, associations to assist in pack­aging materials and providing services related to contracting opportunities of­fered by the Pipeline Project.

The Department did not incorporate either proposal in the regulations. It de­termined that provisions in the regula­tions requiring goals and timetables for contracting with minority business en­terprises would meet the same objectives as set asides. They would also offer con­sistency with goals and timetables pro­visions of other government regulations requiring affirmative action of enter­prises doing business with the Govern­ment.

The Department found no authority or precedent in government equal em­ployment programs for requiring or pro­viding funding of trade associations.

A large number of comments requested that the regulations require a publication system to inform minority business as­sociations of contracting opportunities covered by the regulations. The Depart­ment made the decision to add a section to the rules to provide both minority business enterprises and their trade as­sociations with information on contract­ing opportunities. It determined that communication of contracting oppor­tunities provided the basis for taking affirmative action in the contracting area, and that the requirement should be specifically stated. Comments that the provision for notification was overly broad were dismissed for the reason that the regulations require that specific affirmative action provisions provide the standard for compliance with the notifi­cation requirement.

Other comments proposed that goals and timetables for contracting with mi­nority enterprises apply to qualification and placement on bid lists rather than to award of contracts. The Department made the decision to maintain the pro­posed requirements, determining that the award of contracts, rather than pro­cedures prior to award, was of necessity the ultimate concern in assuring non­discrimination in contracting.

Other comments requested changes in provisions relating to compliance pro­cedures. The Department was requested to extend the time for submission of affirmative action plans from 60 to 120 days after the effective date of the regu­lations. In making the decision to main­tain the. 60 days period, it determined that sixty days was sufficient to prepare the submission, and that the process of achieving a final plan should be delayed no longer than necessary.

Several comments requested changes in the complaint procedures established by the regulations. Comments requested deletion of the provision authorizing complaints made on behalf of a class. They also proposed deletion of the pro­vision permitting the extension of time in which a complaint must be filed, and deletion of the provision erfsuring con­

fidentiality of a complainant’s identity. Other comments requested deletion of the requirement that complaints estab­lish “good cause” in order to qualify for investigation.

Changes were made in the language of the provisions to delete the concept of establishing “good cause” prior to in­vestigation of a compliance review re­port, complaint, or other information which appears to indicate failure to com­ply with the rules. Changes were also made to indicate that a complaint could be filed by any person who believed him­self or any other individual to be sub­jected to discrimination. The Depart­ment determined that the complaint pro­visions should provide the flexibility to assure maximum and just use of the complaint procedure and to a&sure that the Department is apprised of potential compliance problems. It was determined that flexibility of complaint procedures would impose little additional burden on regulated establishments for the reason that the regulations do not authorize complainants to commence enforcement action on their own behalf. Therefore, the Department determined to make no further changes in the provisions.

Other comments requested deletion of provisions requiring an assurance of compliance with the rules prior to award of a federal authorization or a contract to which they apply. The comments stated that contractual provisions re­quired by the regulations provide the as­surances requested. The Department de­termined to require that all applications for federal authorizations and all con­tracts to which the regulations apply contain assurances. It made the deter­mination in order to provide consistency with other government equal oppor­tunity regulations, which require similar assurances. The Department determined to provide further consistency by incor­porating in the assurances a provision from other equal opportunity regula­tions, that the recipient or contractor does not and will not maintain facilities in a segregated manner.

Comments took issue with proposed § 27.7(e) on the basis that it appeared to require that recipients and contractors open their books and records to all par­ticipants and beneficiaries of its opera­tions and services. The comments stated that the proposed section would disrupt operations and would provide no protec­tion of confidential data. The Depart­ment made changes in § 27.7(e) to clarify the intent of the provision, to limit re­lease of data to information which would enhance an individual’s participa­tion in nondiscrimination programs, and aid recipients and contractors in meet­ing their obligations under the regu­lations.

Comments were also received relating to enforcement provisions in the regula­tions. A large number of comments took issue with proposed § 27.9(d), on the basis that it appeared to limit “judicial recourse,” to permit the Secretary to re­strain a complainant’s access to the courts. The comments stated that the maximum limitation upon a complainant

FEDERAL REGISTER, VOL. 39, N O . 186— TUESDAY, SEPTEMBER 24, 1974

3ill.ES AND REGULATIONS

should be his exhaustion of administra­tive remedies. The Department found no reason to make changes in the provision as § 27.9(d) is concerned with actions to effect compliance by the Department, rather than by private individuals.

Comments took issue with provisions of the regulations that require recipients and contractors to “secure the compli­ance” of those with whom they contract. The Department adopted language sug­gested in the comments to clarify the in­tent of the regulations, that ultimate enforcement is achieved through termi­nation of contractual arrangements with a violating party rather than through securing his compliance. The provisions now require that recipients and con­tractors make “every good faith effort” to achieve the compliance of their contract­ing parties with the regulations.

Other comments proposed deletion of provisions in § 27.8(e) which state that a recipient’s or contractor’s commit­ments to achieve compliance with the regulations will not preclude future de­terminations of noncompliance “ based on a finding that the commitments are not sufficient to achieve compliance or that the commitments are not being met.” /

It was determined that a change of language to define the circumstances in which new determinations can be made would clarify the intent of the section and also meet the objection that it is in­equitable to require additional compli­ance commitments after determining ad­herence to the regulations. The section now provides for future determinations of noncompliance when information not known to the Department Compliance Officer caused acceptance of commit­ments which were insufficient to correct deficiencies and when commitments are not being met.

The Department made no further change in the section for the reason that other Government regulations concerned with equal opportunity make provision for similar future determinations of non- compliance.

Comments proposed deletion of pro­visions authorizing the use of proceed­ings under State or local law to effect compliance with the regulations. They took the position that compliance with Federal obligations should be secured through Federal proceedings .> The De­partment determined to maintain the proposed provisions on the basis that similar procedures are authorized in reg­ulations implementing Title VI of the Civil Rights Act of 1964, regulations which section 403 establishes as guide­lines for enforcing the requirements of that section.

Requests for provisions to define “con­tractor” and “subcontractor” were met with the addition of two subsections in §27.14.

Requests for revision of language of the regulations, which involved no change in substance, were met by mak­ing minor language changes where they appeared to provide clarification.

Comments proposing im plem enting

policy will be considered as implemen­tation of the regulations proceeds.

With changes resulting from com­ments received on the proposed rules, Title 43 of the Code of Federal Regula­tions is amended by adding a new Part 27, reading as follows. The Regulations will become effective September 24, 1974.

John C. W hitaker, Under Secretary.

S eptember 16, 1974.Sec.27.1 Purpose.27.2 Application.27.3 Discrimination prohibited.27.4 Assurances.27.5 Equal opportunity terms.27.6 Equal opportunity implementation.27.7 Compliance information.27.8 Compliance procedures.27.9 Procedures for effecting compliance.27.10 Hearings.27.11 Decisions and notices.27.12 • Judicial review.27.13 Effect on other regulations; forms and

instructions.27.14 Definitions.

A u t h o r it y : Sec. 403, 87 Stat. 576 (1973). § 27.1 Purpose.

Thè purpose of this part is to effectu­ate section 403 of Public Law 93-153 (87 Stat. 576) to the end that no person shall on the grounds of race, creed, color, national origin, or sex, be excluded from receiving, or participating in any activity conducted under, any permit, right-of- way, public land order, or other Federal authorization granted or issued under Title n of Public Law 93-153 , 87 Stat. 584, the Trans-Alaska Pipeline Author­ization Act.§ 27.2 Application.

This part applies to all activities, in­cluding contracting, employment, serv­ices, financial aids, and other benefits, conducted under permits, rights-of-way, public land orders, and other Federal au­thorizations granted or issued under Title II of the Act by recipients of those au­thorizations, their agents, contractors, and subcontractors at each of their facil­ities conducting such activities.§ 27.3 Discrimination prohibited.

(a) General. No person shall on the grounds of race, creed, color, national origin, or sex, be excluded from receiving or participating in any activity conducted under, any permit, right-of-way, public land order, or other Federal authoriza­tion to which this part applies.

(b) Specific discriminatory actions prohibited: No recipient of any permit, right-of-way, public land order, or other Federal authorization to which this part applies, or its contractors, or subcontrac­tors to which this part applies may di­rectly or through contractual or other arrangements, on the grounds of race, creed, color, national origin, or sex, dis­criminate in offering or providing em­ployment, contracting, services, financial aids, or other benefits as follows:

<T) Employment practices. No recipi­ent, contractor, or subcontractor to which this part applies may, directly or through

contractual or other arrangements, sub­ject an individual to discrimination on the grounds of race, creed, color, national origin, or sex in its employment prac­tices, including recruitment advertising, hiring,, firing, up-grading, promotion, demotion, or transfer, layoff, or termi­nations, rates of pay or other forms of compensation, or benefits, selection for training, or apprenticeship, use of facili­ties, treatment of employees or any other employment practice.

(2) Contracting practices. No recipi­ent, contractor, or subcontractor to which this part applies may discriminate on the grounds of race, creed, color, national origin, or sex in its contracting practices, including but not limited to, determining qualification for placement on bidder lists, composition of bidder lists, pre-bid conferences, solicitation for bids, desig­nation of quantities, or other specifica­tions, delivery schedules, contract award and performance, or any other contract­ing practice.

(3) Services, financial aids and other benefits. No recipient, contractor, or sub­contractor to which this part applies may, directly or through contractual or other arrangements, on the grounds of race, creed, color, national origin, or sex, discriminate in offering or providing services, financial aids, or other benefits as follows:

(i) Deny an individual any service, financial aid, or other benefit provided, in whole or in part, because of any Fed­eral authorization to which this part applies;

(ii) Provide any service, financial aid, or other benefit to an individual which is different, or is provided in a different manner, from that provided to others;

(iii) Subject an individual to segrega­tion or separate treatment in any mat­ter related to his receipt of any service, financial aid, or other benefit provided, in whole or in part, because of any Fed­eral authorization to which this part applies;

(iV) Restrict an individual in any way in the enjoyment of any advantage or privilege enjoyed by others receiving any service, financial aid, or other benefit pro­vided, in whole or in part, because of any Federal authorization to which this part applies;

(v) Treat an individual differently from others in determining whether he satisfies any admission, enrollment, eli­gibility, membership or other require­ment or condition which individuals must meet in order to be provided any serv­ice, financial aid, or other benefit offered, in whole or in part, because of any Fed­eral authorization to which this part applies;

(vi) Deny an individual an opportu­nity to participate in any activity made possible, in whole or in part, because of any Federal authorization to which this part applies, through the provision of services or otherwise, or afford him an opportunity to do so which is different from that afforded others;

(vii) Deny an individual the opportu­nity to participate as a member of a

FEDERAL REGISTER, V O L 39, N O , 186— TUESDAY, SEPTEMBER 24, 1974

34286 RULES AND REGULATIONS

planning or advisory body participating in the .provision of .any-service, financial aid, or other benefit »which is integrally associated with any Federal authoriza­tion to which this part applies;

(4) Determining ¡and administering services, financial aids and other l>ene- fits. In determining the types of services, financial aids or other benefits, or facili­ties which will be provided because of any Federal authorization to which this part applies, or the class of individuals or establishments to whom, or the situa­tions in which, such services, financial aids, other benefits or facilities will be provided, or the class of individuals or establishments to be afforded an oppor­tunity to participateIn any activity made possible, in whole or in part, because of any Federal authorization to which this part applies, a recipient, contractor, or subcontractor to which this part applies, may not, directly or through contractual or other arrangements, utilize criteria or methods of administration which have the effect of subjecting individuals or establishments to discrimination because of their race, creed, color, national origin, or sex.

(.5) Site or location of facilities. In determining the site or location of facili­ties, for the provision of services, finan­cial aids, or other benefits, a recipient, contractor or subcontractor to which this part applies, may not make selections with the purpose or effect of excluding individuals or establishments from, denying them the benefits of, or subject­ing them ito discrimination on the grounds of race, .creed, color, national origin, or sex, or with the purpose or ef­fect of defeating or substantially impair­ing the accomplishment of the objectives of Section 403 of Public Law 93-153 and implementing rules, regulations, and orders.

(6) References to services, financial aides or other benefits. References to services, financial aids or other benefits shall be deemed to include all services, financial aids, or other benefits provided in or through facilities, programs, or op­erations made possible, in whole or in part, because of any Federal authoriza­tions to which this part applies.

(7) Scope of prohibited discrimina­tion. The enumeration of specific forms of prohibited discrimination in this para­graph (b) does not limit the generality of the prohibitions in paragraph Ca) of this section.§ 27.4 Assurances.

Every application for a permit, right- of-way, public land order, or other Fed­eral authorization to Which this part ap­plies, filed after the effective date of these regulations, and every contract covered hereunder to provide goods, .services or facilities in the amount of $10,000 or more to the recipient of any .Federal authorization to which "this .part applies, must contain an assurance that the recipient, contractor, or subcontrac­tor does not and will not maintain any facilities in a segregated manner, and that all requirements imposed by or pursuant to section 403 of Public Law 93-

153 ¿hall be me't, and that it will require a.similar assurance in every subcontract over $10,000. The assurances shall be in a form specified by the Department Compliance Officer.§27.5 Equal opportunity terms.

Each permit, right-of-way, public land order, or other Federal authoriza­tion to which this part applies, shall in­clude by reference or incorporation by operation of law the terms, conditions, obligations, and responsibilities of this § 27.5, as follows;

(a) The recipient hereby agrees that it will not, directly or through con­tractual or other arrangements, con the grounds of race, creed, color, national origin, or sex, discriminate against any individual or establishment in offering or providing contracts, employment, services, financial aids, or other bene­fits. Recipient will take affirmative ac­tion to utilize minority business enter­prises in the performance of contracts awarded by recipient, to assure that ap­plicants for employment are employed and that employees are treated during- employment, and that individuals are offered and provided services, financial aids, and other benefits without regard to their race, creed, color, national or­igin, or sex. Recipient agrees to post in conspicuous places available to contrac­tors, employees, and other interested in­dividuals, notices which set forth these equal opportunity terms and to -notify interested individuals, such as bidders, purchasers, and labor unions or rep­resentatives of workers with whom it has collective bargaining agreements of recipient’s obligations under section 403 of Public Law 93-153.

(b) The recipient will comply with all rules, regulations, and orders of the Department of the Interior which im­plement section 403 of Public Law 93- 153.

Cc) The recipient will furnish all in­formation and reports required by or pursuant to rules, regulations, and orders implementing section 403 of Pub­lic Law 93-153 and permit access to its books, records, and accounts by the Sec­retary of the Interior, the Department Compliance Officer, or other designee of the Secretary, for purposes of investiga­tion to ascertain compliance with rules, regulations, and orders of the Depart­ment of the Interior which implement section 403 of Public Law 93-153.

(d) The recipient recognizes and agrees that its obligation for compliance with section 403 of Public Law 93-153 and implementing rules, regulations, and orders extends not only to direct activi- •ties, but also to require that contractors, subcontractors, suppliers, and lessees, comply with section 403 and implement­ing rules, regulations and orders. To that end the recipient agrees that with regard to all contracts over $10*000 and all con­tracts of indefinite quantity [unless there is reason to believe that the amount to be ordered in any year under the con­tract will not exceed $10,0001 to:

(!) ^Obtain as part of its contractual arrangements with such parties, as a

minimum form of assurance .an agree­ment in writing, that:

Ci) The contractor hereby agrees that it will not, directly or through Contrac­tual or other arrangements, on the grounds of race, creed, color, national origin, or sex, discriminate against any individual or establishment in offering or providing contracts, employment, services, financial aids, or other benefits. Contractor will take affirmative action to utilize minority business enterprises in the performance of subcontracts which it awards, and to assure that applicants are employed and that employees are treated during employment, and that individuals are offered and provided services, financial aids, and .other bene­fits without regard to their race, creed, color, national origin, or sex. Contractor agrees to post in conspicuous places available to contractors, employees, and other interested individuals notices which set forth these equal opportunity terms and to notify interested indi­viduals, such as bidders, purchasers, and labor unions or representatives of work­ers with whom it has collective bargain­ing agreements of contractor’s obliga­tions under section 403 of Public Law 93-153.

(ii) The contractor will comply with all rules, regulations, and orders of the Department of the Interior which imple­ment section 403 of Public Law 93-153.

(iii) The contractor will furnish all information and reports required by or pursuant to rules, regulations, and orders implementing section 403 of Public Law 93-153 and permit access to its books, records, and accounts by the Secretary of the Interior, the Department Compli­ance Officer, or other designee of the Secretary, for purposes of investigation to ascertain compliance with rules, regu­lations, and orders of the Department of the Interior which implement .section 403 of Public Law 93-153.

(iv) Contractor’s noncompliance with the nondiscrimination clauses of this contract or with any of said rules, regu­lations, and orders shall constitute a breach of its contractual arrangements whereby said arrangements may be can­celled, terminated, or suspended, or may be subject to enforcement otherwise Iff appropriate legal proceedings.

(v) Contractor will obtain the provi­sions of paragraph (d) (1) (i)-(v) of this section in all subcontracts over $10,000 and all subcontracts of indefinite quantity [unless there is reason to be­lieve that the amount to be ordered in any year under the contract will not ex­ceed $10,0001.

(2) Recipient will make every good faith effort to secure the compliance and will assist and cooperate actively with the Department Compliance Officer and the Secretary or his designee in obtain­ing and enforcing the compliance of said contracting parties with the require­ments of Section 403 and implementing rules, regulations, and orders, and with their .respective contractual -arrange­ments; and will take such action with respect to any contract or purchase order

FEDERAL REGISTER, VOL. 39, NO. 186— TUESDAY, SEPTEMBER 24, 1974

RULES AND REGULATIONS 34287

that the Secretary of the Interior, the Department Compliance Officer, or other designee of the Secretary may direct as a means of enforcing such provisions: Provided, however, That in the event the recipient becomes involved in litigation with a noncomplying party, it may re­quest the Department of the Interior to enter into such litigation to protect the interests of the United States in the en­forcement of these obligations, and

(3) Recipient will obtain and furnish to the Department Compliance Officer such information as he may require for the supervision or securing of such com­pliance.

(e) In the event of the recipient’s non- compliance with the equal opportunity terms, compliance may be effected by the suspension or termination or refusal to grant or to continue providing the Federal authorization in accordance with procedures authorized by section 403 of Public Law 93-153, and set forth in implementing rules, regulations, or orders, or by any other means authorized by law.§ 27.6 Equal opportunity implementa'

tion.Within sixty (60) days of the effec­

tive date of these regulations, or within sixty (60) days from the commencement of a Federal authorization to which this part applies, whichever occurs later, re­cipients of Federal authorizations to which this part applies, shall prepare and submit an affirmative action plan for each of their establishments to which this part applies, to assure that the re­quirements of this part will be met. In addition, recipients and each' of their prime contractors and subcontractors shall require each contractor and sub­contractor with a contract of $50,000 or more and 50 or more employees to de­velop within sixty (60) days from the commencement of the contract and to keep on file a written affirmative action plan for each of its establishments, to which this part applies, with the excep­tion of those establishments which the Department Compliance Officer deter­mines are in all respects separate and distinct from performance of the activi­ties of the prime contractor or subcon­tractor conducted under the Federal au­thorizations. Such plans shall include , a set of specific and result-oriented proce­dures which the recipient, contractor or subcontractor commits itself to apply every good faith effort to achieve equalopportunity in all aspects of its opera­tions. An acceptable program must in­clude an analysis of all areas of opera­tion of the recipient, contractor, or sub­contractor in which it could be deficient m offering services, opportunities, or benefits to minority groups and women, and all areas of employment in which it could be deficient in the utilization of minority groups and women and all ?'re ,s contracting in which it could oe deficient in the utilization of minority business enterprises, and, further, spe- cmc goals and specific timetables tc which its efforts will be directed, to cor- rect all deficiencies and thus to increase materially the participation of minorities

and women in all aspects of its opera­tion. The implementing affirmative ac­tion plans shall include the following:

(a) Services, financial aids, and other benefits. The implementing program is required to specifically address all areas of operation of the recipient, contractor or subcontractor which offer and provide services, financial aids, and other bené- fits; it shall identify those services, finan­cial aids, and benefits; analyze the op­portunities available to minorities and women in each area; and set forth af­firmative action, including goals and timetables, which will be taken to mate­rially increase participation of minori­ties and women.

(b) Employment practices. The imple­menting plan shall address all aspects of employment operations and is required to contain all analyses and commit­ments, including goals and timetables, which are required in rules, regulations, and orders implementing Executive Order 11246, as amended, and to include additional commitments to employment goals for minorities and women in con­struction operations, to the extent that those goals are not established under Executive Order 11246.

(c) Contracting practices. Recipi-i ents to which this part applies and each of their contractors and subcontractors with a contract of $150,000 or more shall also include in their affirmative action plan a program in which the recipient, contractor or subcontractor agrees to take specific affirmative action as set forth below to utilize minority business enterprises as subcontractors- and sup­pliers. For this purpose, the term “mi­nority business enterprise” means a busi­ness enterprise that is owned or con­trolled by minority group members or women. The plan shall identify specific actions which the recipient, Contractor or subcontractor will take to:

(1) Designate a liaison officer who will administer the minority business enter­prises program;

(2) Provide adequate and timely con­sideration of the potentialities of mi­nority business enterprises in all con­tracting decisions;

(3) Afford minority business enter­prises an equitable opportunity to com­pete for contracts and subcontracts by arranging solicitations, time for prepa­ration of bids, quantities, specifications, and delivery schedules so as to facili­tate the participation of minority busi­ness enterprises;

(4) Submit periodic reports of con­tracting opportunities, procedures, and awards to minority business enterprises, at such times, and in such form, and containing such information as the De­partment Compliance Officer may pre­scribe, including reports showing:

(i) Procedures which have been adop­ted to comply with the policies set forth in this clause, including the establish­ment of a source list of minority busi­ness enterprises ;

(ii) Awards to minority business .enter­prises on the source lists, and

(iii) Specific efforts to identify and award contracts to minority business enterprises.

(5) Establish specific goals and time­tables to utilize minority business enter­prises in the performance of contracts awarded.

(6) Inform minority business enter­prises and organizations of minority business enterprises of contracting op­portunities and procedures.

(7) Cooperate with the Department Compliance Officer in any studies and surveys of the recipient’s minority busi­ness enterprise procedures and practices that thé Department Compliance Officer may from time to time conduct.

(8) Assist potential minority busi­ness enterprises in obtaining and main­taining suitable bonding capabilities, in those instances where bonds are re­quired.

(d) Exemption. Contracts and subcon­tracts are exempt from the requirements of the equal opportunity clause with re­gard to work performed outside the United States by employees who were not recruited within the United States.§27 .7 Compliance information.. (a) Records, reports, and access to

books. Each recipient, contractor, or sub­contractor to which this part applies, shall keep such records and submit to the Department Compliance Officer com­plete and accurate reports, at such times, and in such form, and containing such information, as he may determine to be necessary to enable him to ascertain whether the recipient, contractor or sub­contractor has complied or is complying with rules, regulations and orders imple­menting section 403 of Public Law 93- 153. In the case where the recipient, contractor or subcontractor contracts with another, such other contractor shall also submit such compliance re­ports to the recipient, contractor or sub­contractor as may be necessary to enable the recipient, contractor or subcontrac­tor to determine and carry out his obli­gations under section 403 of Public Law 93-153 and implementing rules, regula­tions, and orders.

(b) Access to sources of information. Each recipient, contractor and subcon­tractor to which this part applies, shall permit access by the Department Com­pliance Officer or his designee or by the Secretary or his designee during normal business hours to such of his books, rec­ords, accounts, and other sources of in­formation, and his facilities, as may be pertinent to ascertain compliance with rules, regulations, and orders imple­menting section 403 of Public Law 93- 153,

(c) Information in possession of other agency, institution, or person. Where any information required of a recipient, con­tractor or subcontractor is in the exclu­sive possession of any other agency, in-* stitution, or person and such agency, in­stitution or person shall fail or refuse to furnish thia information, the recipi­ent, contractor or subcontractor shall so certify in a report and shall set forth what efforts it has made to obtain the information.

(d) Failure to submit reports. Failure to file timely, complete and accurate re-

FEDERAL REGISTER, VOL. 39, NO. 186— TUESDAY, SEPTEMBER 24, 1974

RULES AND REGULATIONS34288

ports as required constitutes noncom­pliance with the equal opportunity clause and is ground for the imposition by the agency, recipient, contractor, or subcon­tractor of any sanctions as authorized by section 403 of Public Law 93-153 and implementating rules, regulations, and orders.

(e) Information to beneficiaries and participants. Each ¡recipient, contractor and subcontractor to which this part ap­plies, shall make available to partici­pants in and beneficiaries of its opera­tions and services, information regard­ing the provisions of this part and the details of the recipient’s, contractor’s or subcontractor’s compliance with this part, to the extent that it will enhance their participation in nondiscrimination programs -of recipient, contractor, or subcontractor, mid aid the recipient, con­tractor, or subcontractor in meeting its obligations under this part.§ 27.8 Compliance procedures.

(a) Approval of affirmative action plans. The Department Compliance Of­ficer shall from time to time review the recipient’s, contractor’s or subcontrac­tor’s affirmative action plans to deter­mine whether they meet the require­ments of rules, regulations and orders implementing section 403 of Public Law 93-153. Where deficiencies are found to exist, the Department Compliance Offi­cer or his designee will so inform the recipient, contractor or subcontractor and the matter will be resolved by in­formal means whenever possible. If it has been determined that the matter cannot be resolved by informal means, action will be taken as provided for in § 27.9.

(b) Periodic compliance reviews. The Department Compliance Officer shall from time to time review the practices of recipients, contractors and subcontrac­tors to determine whether they are com­plying with the rules, regulations and or­ders implementing section 403 of Public Law 93-153. The purpose of the com­pliance review is to determine if the re­cipient, contractor or subcontractor maintains nondiscriminatory operations and practices and whether it is taking the action required by the rules, regu­lations, and orders implementing section 403 of Public Law 93-153 to assure that no person on the grounds of race, creed, color, national origin or . sex is excluded from receiving or participating in any activity conducted under any permit, right-of-way, public land order or other Federal authorization to which this part applies. It shall consist of a comprehen­sive analysis of all aspects of the recipi­ent’s, contractor’s or subcontractor’s op­erations and practices which may be in­volved, and the policies and conditions resulting therefrom. Where necessary, recommendations for appropriate sanc­tions shall be made.

(c) Complaints. Any person who be­lieves himself or any other individual to be subjected to discrimination prohibited by this part may file with the Depart­ment Compliance Officer or his desig­nee, a written complaint. A complaint

must be filed not later than 180 days from the date of the alleged discrimina­tion, .unless file time for filing is ex­tended by the Department Compliance Officer or his designee.

(d) Investigations. The Department Compliance Officer or his designee will make a prompt investigation whenever a compliance review report, complaint, or any other information indicates a pos­sible failure to comply with the rules, regulations, and orders implementing section 4Q3 of Public Law 93-153. The in­vestigation should include, where ap­propriate, a review of the pertinent practices and polices of the recipient, contractor, or subcontractor, the circum­stances under which the possible non- compliance occurred and other factors relevant to a determination as to whether the recipient, contractor or subcontrac­tor has failed to comply with section 403 of Public Law 93-153 and implementing rules, regulations, and orders.

(e) Resolution of matters. (1) If an investigation pursuant to paragraph (a ), (b), (c), or (d) of this section indi­cates a failure to comply with the rules, regulations, and orders implementing section 403 of Public Law 93-153, the Department Compliance Officer or his designee will so inform the recipient, contractor or subcontractor and the mat­ter will be resolved by informal'means whenever possible. Before the recipient, contractor or subcontractor can be found to be in compliance, he must make speci­fic commitments in writing, to correct all deficiencies. The commitments must include the precise actions to be taken and dates for completion. The time pe­riods allotted shall be no longer than the minimum periods necessary to effect such changes. Upon approval of the De­partment Compliance Officer, the recip­ient, contractor or subcontractor, may be considered in compliance, on condi­tion that the commitments are faithfully kept. The recipient, contractor or sub­contractor shall be notified that making such commitments does not preclude fu­ture determinations of noncompliance when the commitments are not being met or when there is a determination by the Department Compliance Officer that the full facts were not known at the time commitments were accepted, and that commitments are not sufficient to cor­rect deficiencies.

(2) If an investigation does not war­rant action pursuant to paragraph (e)(1) of this section, the Department Com­pliance Officer shall so inform the re­cipient, contractor or subcontractor, and the complainant, if any, in writing.

(f) Intimidatory or retaliatory acts prohibited. No recipient, contractor or subcontractor shall intimidate, threaten, coerce, or discriminate against any indi­vidual for the purpose of interfering with any right or privilege secured by section 403 of Public Law 93-153 and implement­ing rules, regulations, and orders, or be­cause he has made a complaint,*testified, assisted, benefited from, or participated in any manner in an investigation, com­pliance review, proceeding, or hearing under this part. The identity of com­

plainants shall be kept confidential ex­cept to the extent necessary to carry out 'the purposes of this part including the conduct of any investigation, hearing, or judicial proceeding arising thereunder.

(g) Approval of action by Authorized Officer. During the period of construc­tion of the Trans-Alaska Pipeline, and until such time as this paragraph (g) is rescinded by the Secretary, the Depart­ment Compliance Officer shall coordinate all actions taken pursuant to this part with the Authorized Officer and shall se­cure the approval of the Authorized Offi­cer prior to the taking of any final act hereunder.§ 27.9 Procedures for effecting compli­

ance.(a) General. If there appears to be a

failure or refusal of any recipient, con­tractor, or subcontractor to observe or comply substantially with section 403 of Public Law 93-153, or implementing rules, regulations, and orders, compli­ance may be effected through thè use of conciliation conferences, informal hear­ings, and procedures to cause termina­tion or suspension of or refusal to grant or to continue the permit, or other Fed­eral authorization to which this part applies, or of the contracts to which this part applies, or by any other means au­thorized by law. Such other means may include, but are not limited to :

(1) A reference to the Department of Justice with a recommendation that ap­propriate proceedings be brought to en­force any rights of the United States under any law of the United States or any assurance or other contractural undertaking, and

(2) Any applicable proceeding under State or local law.

(b) Noncompliance with § 27.4. In the event that a recipient fails or refuses to furnish an assurance required under § 27.4, or otherwise fails or refuses to comply with a requirement imposed by or pursuant to that section the failure or refusal may, at the option of the Secre­tary, be grounds for authorizing proceed­ings to cause refusal of the Federal au­thorization in accordance with the pro­cedures of paragraph (c) of this section. The Department of the Interior shall not be required to provide the authorization in such a case during the pendency of the administrative proceedings under such paragraph.

(c) Termination of or refusal to grant or to continue the Federal authorize- tion.— (1) General. In those instances where a recipient fails or refuses to ob­serve or comply substantially with sec­tion 403 of Public Law 93-153 or imple­menting rules, regulations, and orders, noncompliance at the option of the Secretary, may be grounds for termina­tion, suspension, refusal to grant or con­tinue the Federal authorization.

(1) Recommendation to proceed. The Department Compliance Officer may re­quest that the Secretary commence pro­cedures to suspend, terminate, or refuse to grant ot continue the Federal aiithori- zationorto cause such-suspension,’termi­nation, or refusal to grant. "He Shall in­dicate the specific grounds for alleghi?

FEDERAL REGISTER, VOL. 39, NO . 186— TUESDAY, SEPTEMBER 24, 1974

RULES AMD REGULATIONS 34289

noncompliance with section 403 and im­plementing rules, regulations, and orders, the actions which would create compli­ance, and the time necessary to achieve compliance.

(ii) Commencement of proceedings. Before the Secretary authorizes the com­mencement of an administrative pro­ceeding for termination, suspension, or refusal to grant any Federal authoriza­tion to which this part applies, the Secretary or his designee shall give the recipient notice in writing of the alleged ground or grounds for termination or formal suspension, or refusal to grant, with sufficient particularity to enable the recipient to comply with section 403 of Public Law 93-153 and implementing rules, regulations and orders. The recip­ient shall have sixty (60) days from the date of delivery of the notice within which to comply. If compliance cannot be achieved in sixty (60)days, the recip­ient shall be entitled to additional time if he demonstrates that compliance is not possible within the sixty (60) day period and that the necessary curative actions were undertaken promptly and have been diligently prosecuted toward comple­tion; provided further that the aforesaid additional time shall not exceed ninety (90) days from the last day of the said sixty (60) day period, without the prior written consent of the Secretary or his designee which shall specify the last day upon which the curative action must be completed to the satisfaction of the Sec­retary or his designee.

(iii) Opportunity for a hearing. No order suspending, terminating or refus­ing to grant or continue any Federal au­thorization to which this part applies shall become effective until there has been an express finding on the record, after opportunity for a formal hearing, of a failure by the applicant or recipient to comply substantially with section 403 of Public Law 93—153 or implementing rules, regulations, and orders and the action has been approved by the Secre­tary pursuant to paragraph <e> of 5 27.11.

(d) Other means authorised by law. No action to effect compliance by any other means authorized by law shall be taken until (1) the action has been ap­proved by the Secretary, (2) the recipient or other person has been notified of its failure to comply and of the action to be taken to effect compliance, and (3) the expiration of at least 10 days from the ma ing of such notice to the recipient or other person. During this period of at least 10 days additional efforts shall

Kma< e Persuade the recipient or other person to comply and to take such Wffrective action as may be appropriate. §27.10 Hearings.^ I n fo r m a l hearings— (1) Purpose. ; ne Department Compliance Officer may onvene such informal hearings as may e aeemed appropriate for the purpose

inquiring into the status of compliance t 1' ^Ptent, contractor, or subcon-

actor to which this part applies.Recipients, contractors,

subcontractors shall be advised in

writing as to the time and place of the informal hearings and may be directed to bring specific documents and records, or furnish other relevant information concerning their compliance status. When so requested, the recipient, con­tractor, or subcontractor shall attend and bring requested documents and records, or other requested information.

(3) Conduct of hearings. The hearing shall be conducted by hearing officers appointed by the Department Compli­ance Officer. Parties to informal hear­ings may be represented by counsel or other authorized representative as pro­vided in 43 CFR, Part 1 and shall have a fair opportunity to present any relevant material. Formal rules of evidence will not apply to such proceedings.

(b) Formal hearings— (1) Opportu­nity for hearing. Whenever an opportu­nity for a hearing is required by para­graph <c) of § 27.9; reasonable notice shall be given by registered or certified mail, return receipt requested, to the af­fected applicant or recipient. Tliis notice shall advise the applicant or recipient of the action proposed to be taken, the spe­cific provision under which the proposed action against it is to be taken, and the matters of fact or law asserted as the basis for this action, and either (i) fix a date not less than twenty (20) days after the date of such notice within which the applicant or recipient may request of the Secretary or his designee or the administrative judge to whom the matter has been assigned that the mat­ter be scheduled for hearing or (ii) ad­vise the applicant or recipient that the matter in question has been set down for hearing at a stated place and time. The time and place so fixed shall be reason­able and shall be subject to change for cause. The complainant, if any, shall be advised of the time and place of the hearing. An applicant or recipient may waive a hearing and submit written in-1* formation and argument for the record. The failure of an applicant or recipient to request a hearing under this para­graph or to appear at a hearing for which a date has been set shall be deemed to be a waiver of the right to a hearing under section 403 of Public Law 93-153 and implementing rules, regulations, and orders and consent to the making of a decision on the basis of information on the record.

(2> Time and place of hearing. Hear­ings shall be conducted by the Office of Hearings and Appeals of the Depart­ment, at a time and place fixed by the administrative law judge to whom the matter has been assigned. Hearings shall be held before an administrative law judge designated by the Office of Hear­ings and Appeals in accordance with its procedures.

(3) Right to Counsel. In all proceed­ings under this section, the applicant or recipient and the Department shall have the right to be represented by counsel oar other authorized representative as pro­vided in 43 CFR Part 1.

( 4 ) Procedures, evidence, and record. (i) The hearing, decision, and any ad­

ministrative review thereof shall be con­ducted in conformity with 5 U.S.C. 554-557 and in accordance with such rules of procedure as are proper (and not inconsistent with this section) relating to the conduct of the hearing, giving of notices subsequent to those provided for in paragraph (b) (1) of this section, tak­ing of testimony, exhibits, arguments and briefs, requests for findings, and other related matters. Both the Department and the applicant or recipient shall be entitled to introduce all relevant evi­dence on the issues as stated in the notice for hearing or as determined by the ad­ministrative law judge conducting the hearing at the outset of or during the hearing.

(ii) Technical rules of evidence shall not apply to hearings conducted pursuant to this part, but rules or principles de­signed to assure production of the most credible evidence available and to sub­ject testimony to test by cross-examina­tion shall be applied where determined reasonably necessary by the administra­tive law judge conducting the hearing. The administrative law judge may ex­clude irrelevant, immaterial, or unduly repetitious evidence. AH documents and other evidence offered or taken for the record shall be open to examination by the parties and opportunity shall be given to refute facts and arguments advanced car either side of the issues. A transcript shall be made of the oral evidence except to the extent that the substance thereof is stipulated for the record. All decisions shall be based upon the hearing record and written findings shall be made.

(5) Consolidated or joint hearings. In cases in which the same or related facts are asserted to constitute noncom­pliance with this part with respect to two or more Federal authorizations to which this part applies, or asserted to constitute noncompliance with this part and the regulations of one or more other Federal departments or agencies, the Secretary may, by agreement with such other de­partments or agencies, where applica­ble, provide for the conduct of consoli­dated or joint hearings, and for the ap­plication to such hearings of rules of pro­cedure not inconsistent with this part. Final decisions in such cases, insofar as this part is concerned, shall be made in accordance with § 27.11.§ 27.11 Decisions and notices.

(a) Initial decision by an administra­tive law judge. The administrative law judge shall make an initial decision and a copy of such initial decision shall be sent by registered mail, return receipt requested, to the recipient or applicant.

(b) Review of the initial decision. The applicant or recipient may file his ex­ceptions to the initial decision, with his reasons therefor, with the Director, Of­fice of Hearings and Appeals, within thirty (30) days of receipt of the initial decision. In the absence of exceptions, the Director, Office of Hearings and Ap­peals, on his own motion within forty- five (45) days after the initial decision, may notify the applicant or recipient that he win review the decision. Hi the

FEDERAL REGISTER, V O L 39, N O . 186— TUESDAY, SEPTEMBER 24, 1974

34290

absence of exceptions or a notice of re­view, the initial decision shall constitute the final decision subject to the approval of the Secretary pursuant to paragraph(f) of this section.

(c) Decisions by the Director, Office of Hearings and Appeals. Whenever the Director, Office of Hearings and Appeals, reviews the decision of an administra­tive law judge pursuant to paragraph (b) of this section, the applicant or recipient shall be given reasonable opportunity to file with him briefs or other written statements of its contention, and a copy of the final decision of the Director, Of­fice of Hearings and Appeals, shall be given to the applicant or recipient and to the complainant, if any.

(d) Decisions on record where a hear­ing is waived. Whenever a hearing is waived pursuant to paragraph (b)(1) of § 27.10, a decision shall be made by the Director, Office of Hearings and Appeals, on the record and a copy of such decision shall be given in writing to the applicant or recipient and to the complainant, if any.

(e) Rulings required. Each decision of an administrative law judge or the Direc­tor, Office of Hearings and Appeals, shall set forth his ruling on each finding, con­clusion, or exception presented, and shall identify the requirement or requirements imposed by or pursuant to this part with which it is found that the applicant or recipient has failed to comply.

(f) Approval by Secretary. Any final decision of an administrative law judge or of the Director, Office of Hearings and Appeals, which provides for the suspen­sion or termination of, or the refusal to grant or continue a Federal authoriza­tion, or the imposition of any other sanc­tion available under this part, shall promptly be transmitted to the Secre­tary, who may approve such decision, may vacate it, or remit or mitigate any sanction imposed.

(g) Content of decisions. The final de­cision may provide for suspension or ter­mination of, or refusal to grant or con­tinue a Federal authorization, in whole or in part, and may contain such terms, conditions, and other provisions as are consistent with and will effectuate the purposes of section 403 of Public Law 93- 153 and implementing rules, regulations, and orders, including provisions desig­nated to assure that no Federal author­ization will be extended under Title II of Public Law 93-153 to the applicant Or recipient determined by such decision to be in default in its performance of an assurance given by it pursuant to sec­tion 403 and implementing rules, regula­tions, and orders or to have otherwise failed to comply with this part, unless and until it corrects its non compliance and satisfies the Secretary that it will fully comply with this part.

(h) Post termination decisions. An applicant or recipient adversely affected by an order issued under paragraph (g) of this section shall be restored to full eligibility to receive the Federal author­ization if it satisfies the terms and con­ditions of that order for such eligibility

RULES AND REGULATIONS

and if it provides reasonable assurance that it will fully comply with this part.§ 27.12 Judicial review.

Action taken pursuant to this part is subject to judicial review.§ 27.13 Effect on other regulations;

forms and instructions.(a)' Effect on other regulations. Noth­

ing in these regulations shall be deemed to supersede any of the following (in­cluding future amendments thereof) :

(1) Executive Order 11246, as amend­ed, and regulations therefor;

(2) Executive Order 11063 and regu­lations issued thereunder, or any other regulations or instructions insofar as such Order, regulations, or instructions prohibit discrimination on thé ground of race, creed, color, national origin, or sex in any program or situation to which this part is inapplicable,mr prohibit discrim­ination on any other ground.

(3) Regulations to effectuate Title VI of the Civil Rights Act of 1964.

(b> Forms and instructions. The De­partment Compliance Officer may issue and make available to interested persons instructions and procedures for effectu­ating this part.

(c) Supervision and coordination. The Secretary may from time to time assign to such officials of the Department as he deems appropriate, or to officials of other departments or agencies of the Govern­ment with the consent of such depart­ments or agencies, responsibilities in connection with the effectuation of the purposes of this part (other than re­sponsibility for final decision as provided in § 27.11), including the achievement of effective coordination and maximum uni­formity within the Department and within the Executive Branch of the Gov­ernment in the application of this part. Any action taken, determination made, p r requirement imposed by an official of another department or agency acting pursuant to an assignment of respon­sibility under this paragraph shall have the same effect as though such action had been taken by the Secretary of the Interior.§ 27.14 Definitions.

As used in this part :(a) The term “Secretary” means the

Secretary of the Interior.(b) The term “ applicant” means one

who submits an application for any Fed­eral authorization to which this part applies.

(c) The term “recipient” means any entity or individual who receives a per­mit, right-of-way, public land order, or other Federal authorization granted or issued under Title n of Public Law 93- 153 and its agent or agents.

(d) The term “contract” means any agreement or arrangement between a recipient and any person (in which the parties do not stand in the relationship of an employer and an employee) in any way related to the activities of the recip­ient conducted under any permit, right- of-way, public land order, or other Fed-

eral authorization granted or issued under Title IL ♦

(e) The term “subcontract” means any agreement or arrangement between a contractor and any person (in which the parties do not stand in the relationship of an employer and an employee) in any way related to the performance of any one or more contracts as defined above.

(f) The Authorized Officer means the employee of the Department, designated to act on behalf of the Secretary pursu­ant to the Agreement and Grant of Right-of-Way for Trans-Alaska Pipeline or such other person to whom the Au­thorized Officer redelegates his authority pursuant to the delegation of authority to the Authorized Officer from the Secretary.

(g) The Department Compliance Offi­cer means that officer of the Department of the Interior so designated by the Secretary.

[FR Doc.74-22147 Filed 9-23-74;8:45 am]

Title 50— Wildlife and FisheriesCHAPTER I-—U.S. FISH AND WILDLIFE

SERVICE, DEPARTMENT OF THE IN­TERIOR

PART 28— PUBLIC ACCESS, USE, AND RECREATION

Salt Plains National Wildlife Refuge, Okla.The following special regulation is is­

sued and is effective on September 24, 1974.§ 28.28 Special regulations; public ac­

cess, use, and recreation; for indi­vidual wildlife refuge areas.

OklahomaSALT PLAINS NATIONAL WILDLIFE REFUGE

Retrieving zones of approximately 100 yards in width are established immedi­ately inside the exterior refuge boundary at certain locations as designated by signs. These retreiving zones are deline­ated on maps available at refuge head­quarters, Jet, Oklahoma, and from the Regional Director, U.S. Fish and Wild­life Service, P.O. Box 1306, Albuquerque, New Mexico 87103. A hunter may enter these retrieving zones to retrieve dead or crippled waterfowl which he has le­gally killed or crippled by hunting out­side the refuge boundary but which have fallen Inside the exterior boundary of the refuge and within the designated re­trieving zones. The use of dogs and the possession of firearms or weapons inside the exterior boundary of the refuge and in the authorized retrieving zones is prohibited.

The provisions of this special regula­tion supplement the regulations which govern.the public access, use, and recrea­tion on wildlife refuge areas generally which are set forth in Title 50, Code of Federal Regulations, Part 28, and are effective through January 11, 1975.

Jerry L. S tegman, Acting Regional Director, U.S.

Fish and Wildlife Service, Albuquerque, New Mexico.

September 16, 1974,[FR Doc.74-22122 Filed 9-23-74;8:45 ami

FEDERAL REGISTER, VOL. 39, N O . 186— TUESDAY, SEPTEMBER 24, 1974

RULES AND REGULATIONS 34291

PART 32— HUNTING De Soto National Wildlife Refuge, Iowa The following special regulation is

issued and is effective September 24, 1974, A m§ 32.12 Special regulations; migratory

game birds; for individual wildlife refuge areas*

Iowa

DE SOTO NATIONAL WILDLIFE REFUGEPublic hunting of waterfowl on De Soto

National Wildlife Refuge, Iowa, is per­mitted in accordance with the following special regulations:

1. Species. Only waterfowl species (ducks, geese, coots) may be taken.

2. Seasons. The open season on the refuge hunting area will be November 1- December 9, 1974. Shooting hours will be the same as for the respective state, with the exception that refuge hunting will stop at 12:00 noon each day.

3. Bag Limits. Bag limits for water-fowl species will be the same as the state baglimits. . ' :

4. Methods of Hunting. Hunters must hunt from refuge-constructed, 3-man blinds only. Blinds, will be assigned under an advance reservation system, individ­uals will be allowed to hold only one reservation at any one time. When this Is used, he may apply for an unfilled date. Hunters will be required to check in and out at the refuge check station. Hunters will, be allowed the use of de­coys (either personal or rented at check station) and retrieving dogs (one per hunter).

All hunting will be from blinds only, with the exception that crippled birds may be pursued and shot within the shooting zone only (within 49 yards of blind as posted). Crippled birds may be pursued beyond this point up to the re­trieval zone line (as posted), but guns must , remain inside the shooting zone.

Shotguns only will be permitted, capa­ble of holding three shells or less. Steel shot loads will be required in the refuge hunting area. These may be purchased at the refuge check station and will be available in 12 gauge only. Lead loads will not be allowed. A maximum of 25 shells per hunter will be allowed per day.

5. Open Area. The area open to hunt­ing is delineated on maps available at refuge headquarters. The location of the hunting area is on the periphery of ref­uge lands in the northeast portion of the refuge. This area comprises about 355 acres.

6. Other Provisions. All hunting will be by permit only. Applications for a specific date will be accepted by mail or m person at refuge headquarters, De- koto National Wildlife Refuge, RR -1, Box 114, Missouri Valley, Iowa 51555, be-

toe hours of 8:00 a.m.-5:00 p.m., Monday through Friday. Reservations in , ® accePted on and after September ^ ’ /^ R e se rv a tio n s will not be ac-

Pted by phone. Applicants for reserva- ke at least 16 years of age or

• 5 A $3.00 fee must accompany each request for a reservation, and this must e in the form of a check or money order.

Each reservation holder will be entitled to bring two additional hunters with him in order to utilize the 3-man blinds. Each person will be charged $1.00 when he registers to hunt. Goose decoys, up to 3 dozen per blind, may be rented at the refuge check station at a charge of $1.00 per dozen. Hunters will be responsible for decoys and will be charged for any decoys lost or damaged. Personal decoys may also be used.

Reservations are non-transferable and fees will not be refunded. No provisions will be made for “stand by” hunters. Blinds will be assigned only once each day. Vacated blinds will not be refilled.

The provisions of this special regula­tion supplement the regulations which govern hunting on wildlife refuge areas generally which are set forth in Title 50, Code of Federal Regulations, Part 32, and are effective through December 9, 1974.

James E. Frates, Refuge Manager, DeSoto Na­

tional Wildlife Refuge, Mis­souri Valley, Iowa.

September 16,1974.[FR Doc.74-22144 Filed 9-22-74:8:45 am]

PART 32-^HUNTIN G De Soto National Wildlife Refuge, Nebraska

The following special regulations is issued and is effective on September 24, 1974.§ 32.12 Special regulations; migratory

game birds; for individual wildlife refuge areas.

Nebraska

DE SOTO NATIONAL WILDLIFE REFUGEPublic hunting of waterfowl on De-

Soto National Wildlife Refuge, Nebraska, is permitted in accordance with the fol­lowing special regulations:

1. Species. Only waterfowl species (ducks, geese, coots) may be taken.

2. Seasons. The open season on the refuge hunting area will be November 1— December 8, 1974. Shooting hours will be the same as for the respective state, with the exception that refuge hunting will stop at 12:00 noon each day.

3. Bag Limits. Bag limits for waterfowl species will be the same as the state bag limits.

4. Methods of Hunting. Hunters must hunt from refuge-constructed, 3-man blinds only. Blinds will be assigned under an advance reservation system. Individ­uals will be allowed to hold only one reservation at any one time. When this is used, he may apply for an unfilled date. Hunters will be required to check in and out at the refuge check station. Hunters will be allowed the use of decoys (either personal or rented at check sta­tion) and retrieving dogs (one per hunter).

All hunting will be from blinds only, with the exception that crippled birds may be pursued and shot within the shooting zone only (within 40 yards of blind as posted). Crippled birds may be pursued beyond this point up to the retrieval zone line (as posted), but guns

must remain inside the shooting zone.Shotguns only will be permitted, capa­

ble of holding three shells or less. Steel shot loads will be required in the refuge hunting area. These may be purchased at the refuge check station and will be available in 12 gauge only. Lead loads will not be allowed. A maximum of 25 shells per hunter will be allowed per day.

5. Open Area. The area open to hunt­ing is delineated on maps available at refuge headquarters. The location of the hunting area is on the periphery of refuge lands in the southwest portion of the refuge. This area comprises about 431 acres.

6. Other Provisions. All hunting will be by permit only. Applications for a specific date will be accepted by mail or in person at refuge headquarters, DeSoto National Wildlife Refuge, RR-1, Box 114, Missouri Valley, Iowa 51555, between the hours of 8:00 a.m.-5:00 p.m., Monday through Friday. Reservations will be ac­cepted on and after September 18, 1974. Reservations will not be accepted by phone. Applicants for reservations must be at least 16 years of age or older. A $3.00 fee must accompany each request for a reservation, and this must be in the form of a check or money order. Each reservation holder will be entitled to bring two additional hunters with him in order to utilize the 3-man blinds. Each person will be charged $1.00 when he registers to hunt. Goose decoys, up to 3 dozen per blind, may be rented at the refuge check station at a charge of $1.00 per dozen. Hunters will be responsible for decoys and will be charged for any decoys lost or damaged. Personal decoys may also be used.

Reservations are non-transferable and fees will not be refunded. No provisions will be made for “stand by” hunters. Blinds will be assigned only once each day. Vacated blinds will not be refilled.

The provisions of this special regula­tion supplement the regulations which govern hunting on wildlife refuge areas generally which are set forth in Title 50, Code of Federal Regulations, Part 32, and are effective through December 8, 1974.

James E. F rates, Refuge Manager, DeSoto Na­

tional Wildlife Refuge, Mis­souri Valley, Iowa.

September 16, 1974.[FR Doc.74-22145 Filed 9-23-74;8:45 am]

PART 32— HUNTINGBombay Hook National Wiidlife Refuge;

DelawareThe following special regulation is

issued and is effective during the period October 14, 1974 through October 19, 1974.§ 32.32 Special regulations; big game;

for individual wildlife refuge areas.D elaware

BOMBAY HOOK NATIONAL WILDLIFE REFUGEPublic hunting of deer with primitive

weapons on the Bombay Hook National Wildlife Refuge, Delaware, is permitted

FÉDÉRAL REGISTER, VOL. 39, N O . 186— TUESDAY, SEPTEMBER 24, 1974

34292

only on the Deer Hunting Area and South Upland Hunting Area. These open deer hunting areas are delineated on maps available at refuge headquarters, Smyrna, Delaware 19977 and from the Regional Director, U.S. Pish and Wildlife Service, John W. McCormack Post Office and Courthouse, Boston, Massachusetts 02109. Hunting shall be in accordance with all applicable State and Federal regulations covering the hunting of deer with firearms subject to the following special conditions:

(1) Hunting with primitive weapons on the Deer Hunting Area is permitted only on October 14 through October 19.

(2) The number of hunters admitted to the Deer Hunting Area at any one time will be restricted to 50.

(3) Permits are required for the Deer Hunting Area and will be issued on a first-come, first-served basis one hour before shooting time.

(4) Hunters using the Deer Hunting Area and the South Upland Hunting Area must show proof of completion of a weapons qualification test. This test will consist of placing three consecutive rounds in a 12-inch circle at 50 yards, firing from the offhand position. The type of weapon used for the qualification test must be the same type that is to be used for the hunt—percussion or flint­lock.

The provisions of this special regula­tion supplement the regulations which govern hunting on wildlife refuge areas generally, which are set forth in Title 50, Code of Federal Regulations, Part 82, and are effective through October 19, 1974.

R ichard E. G riffith , Regional Director, U.S. Fish

and Wildlife Service.September 12, 1974.

[FR Doc.74-22118 Filed 9-23-74;8:45 am]

PART 32— HUNTING Audubon National Wildlife Refuge, N. Dak.

The following special regulation is issued and is effective on September 24, 1974.§ 32.32 Special regulations; big game,

for individual wildlife refuge areas.North D akota

AUDOBON NATIONAL WILDLIFE REFUGE

Public hunting of deer on the Audobon National Wildlife Refuge, North Dakota, is permitted only in the area designated by signs as open to hunting. This open area, comprising 13,837 acres, is deline­ated on a map available at refuge head­quarters and from the Area Manager, U.S. Fish and Wildlife Service, Bismarck, North Dakota 58501. Hunting shall be in accordance with all applicable State regulations covering the hunting of deer, subject to the following special con­ditions:

(1) Hunting is permitted from 12:00 noon, c.d.t. November 8,1974 to sunset of that day, and from sunrise until sunset of each day from November 9 through November 17, 1974.

RULES AND REGULATIONS

(2) All hunters must exhibit their hunting license, deer tag, game, and ve­hicle contents to Federal and State offi­cers upon request.

(3) Vehicular traffic, including the use of boats, is prohibited by hunters on the refuge during tide deer season.

The provision of this special regula­tion supplement the regulations which govern hunting on wildlife refuge areas generally which are set forth in Title 50, Code of Federal Regulations, Part 32, and are effective through November 17, 1974.

D avid C. M cG lauchlin,Refuge Manager, Audubon

National Wildlife Refuge.September 17, 1974.[FR Doc.74-22121 Filed 9-23-74;8:45 am]

PART 32— HUNTING Chincoteague National Wildlife Refuge, Va.

The following special regulation is is­sued and is effective during the period October 12, 1974 through January 3, 1975.§ 32.32 Special regulations; big game;

for individual wildlife refuge areas.V irginia

CHINCOTEAGUE NATIONAL WILDLIFE REFUGEPublic hunting of deer on the Chinco-

teague National Wildlife Refuge, Vir­ginia, is permitted only on the areas des­ignated by signs as open to hunting. The open areas are delineated on maps avail­able at refuge headquarters, P.O. Box 62, Chincoteague, Virginia 23336, or from the Regional Director, U.Si Fish and Wildlife Service, John W. McCormack Post Office and Courthouse, Boston Mas­sachusetts 02109. Hunting will be in accordance with all applicable State regulations governing the hunting of deer subject to the following conditions:

(1) Species to be taken: (a) Archery hunt—sika deer and whitetail deer, either sex; (b) Stag hunt—sika or white- tail. Hunter must bag an adult female, (maybe a buck with unbranched ant­lers) , before a stag (five points or better) can be taken.

(2) Bag limits: (a) Archery hunt— one per day, two per license year, either sex; (b) Stag hunt—one per day, two per license year, with the provisions that the first deer must be an adult female and the second a stag (five points or better).

(3) Season: (a) Archery—October 12 through November 9, 1974 except Sun­days; (b) Gun hunts—December 2-De- cember 6, December 9-13, December 16- 20, December 23-26 and December 30, 1974-January 3,1975.

(4) Weapons: (a) Archery—Long bow and arrow only. Archers must use broad- head arrows with blades at least % inch wide and bows capable of propelling any arrow in their possession 125 yards. All arrows in an archers possession while hunting must be marked with hunters name and address. Archers may not have firearms or illegal arrows in their posses­sion. (b) Stag Hunt weapons—Rifles and Shotguns, modem or antique, capable of being modified to hold only one round will be acceptable. Rifles of .23 caliber or

larger will be permitted. Slugs only will be permitted in shotguns. Possession of firearms or ammunition on refuge which is not stipulated as permitted in these regulations is prohibited.

(5) Dogs are prohibited.(6) Hunting hours—Same as State

hunting hours. All hunters must be clear of the hunting areas by 8:00 PM.

(7) Carrying loaded firearms or bows in or on or shooting from a vehicle is prohibited.

(8) Camping and fires are prohibited.(9) All hunters under 18 years of age

must be accompanied by an adult.(10) All wounded deer will be reported

to refuge personnel immediately. All deer killed on area must be brought by the maintenance area to be tagged.

(11) Before a permit will be issued to any hunter he must take and pass a hunter qualification test based on State and Refuge hunting regulations, (a) Archery—To qualify for an archery per­mit, archers must submit a certified tar­get to the refuge office. The target must bear the name, and address of the archery range and the signature of the range official who actually witnessed the placing of at least three out of five ar­rows within a 12-inch, bullseye from 25 yards or better. Hunter’s name and com­plete mailing address should be on the target. Permits will be mailed or may be picked up in person at the refuge office. Permits must be returned with the data section completed to the refuge office by November 30,1974. Hunters failing to re­turn their permit, whether used or not, may be refused a permit for the 1975 season.

(b) Stag Hunt—Ten hunters will be selected for each 5 day hunt by a draw­ing held on October 30 and will be noti­fied of their selection by mail. To apply for the hunt, each hunter must submit a target to the refuge office not later than October 12, 1974. The target must bear the namq and address of the range official who actually witnesses the firing of three consecutive shots held within the 12-inch bullseye. The shots must be fired from 50 yards or better in the standing position with the weapon to be used during the hunt. Hunter’s name and address must be written on the target. Specify which hunt you prefer if any. Permits to hunt will be issued during an orientation briefing held at 8:00 a.m. on the Monday of each hunt. Hunters will need to bring their license, big game tag and weapon to the briefing. A refuge offi­cial will show each hunter the bounda­ries of his or her assigned hunting areas. All applicable Virginia game laws and Federal regulations shall be in effect.

The provisions of this Special Regula­tion supplement the regulations which govern hunting on wildlife refuge areas generally, which are set forth in Title 50, Code of Federal Regulations, Part 32, and are effective through January 3, 1975.

R ichard E. G riffith, Regional Director, U.S. Fish

and Wildlife Service.September 12, 1974.[FR Doc.74-22119 Filed 9-28-74;8:45 am]

/ FEDERAL REGISTER, VOL. 39, N O . 186— TUESDAY, SEPTEMBER 24, 1974

34288

PART 32— HUNTING Presquile National Wildlife Refuge, Va.The following special regulations are

issued and are effective during the period October 18, 1974 through November 8, 1974.§32.32 Special regulations; big game;

for individual wildlife refuge areas.V irginia

PRESQUILE NATIONAL WILDLIFE REFUGE

Public hunting of white-tailed deer on the Presquile National Wildlife Refuge is permitted on the entire refuge except within 200 yards of all buildings. Hunting shall be in accordance with all applicable State regulations governing the hunting of white-tailed deer, subject to the fol­lowing special conditions:

(1) A Federal permit will be required at no charge to the applicant. Permits will be issued for a two consecutive day period except for November 1, 5 and 8, which will be for one day only. Permits will be limited to 135 for each two-day period and 80 for each one-day hunt. They will be issued in advance of the sea­son to hunters selected from a public drawing to be held on October 1 in the refuge office, 202 Tartan Building, 320 E. Broadway, Hopewell, Virginia. Applica-' tions must be printed or typed and con­tain the following information: Name, address, specify gun hunt or archery hunt, up to three other names and ad­dresses of members in party, three pref­erence dates, and whether hunter will use boat or not. Bow hunters must pass a qualification test which will consist of placing 3 out of 5 arrows in a 9 by 15 inch chest area of a standard deer size target at 25 yards. In order to be in the drawing for an archery permit, archers must submit a certification statement to

RULES AND REGULATIONS

the refuge office by September 27. The statement must bear the name and ad­dress of the archery range and signature of range official who actually witnessed the qualification. Permits are non-trans- ferable and will be mailed to selected ap­plicants after the drawing. Alternates will also be selected from standby hunters at the ferry landing to fill any vacant slots if permittees do not show up.

(2) Only white-tailed deer may be taken from one half-hour before sunrise to one half-hour after sunset with bow and arrow only on October 18,19, 25 and 26; and with-shotguns on November 1, 5 and 8.

(3) Bag limits: One deer pay day, either sex.

(4) All hunters must enter the refuge on the ferry at 6 a.m. e.d.t. (5 a.m. ejs.t.) except that boats will be permitted only for those hunters desiring to hunt in the swamp. All boat occupants must wear life jackets. Only small boats will be per­mitted with outboard engines no larger than 10 h.p. There will be an official State checking station at the refuge headquar-. ters. Hunters must be checked out by ref­uge officials before leaving the island and leave the refuge by 7 p.m. e.d.t. (6 p.m. e.s.t.).

(5) All travel on the refuge will be on foot or by refuge vehicles. Boats will be permitted in the swamp creeks. Horses and dogs are prohibited.

(6) Possession of firearms on the re­fuge during the bow and arrow only hunts is prohibited.

(7; All arrows in the possession of each hunter must be marked with the stand number issued to the hunter.

(8) One-hundred thirty-five stands corresponding to the allowable number of hunters on each day of the bow hunts and 80 stands corresponding to the al­lowable number of hunters on each day

of the gun hunts are located throughout the refuge. Each hunter will be assigned the stand corresponding to Ms permit number. Fluorescent orange must be visible on each gun hunter. Bow hunters will remain at their assigned stands from one half-hour before sun­rise to 10 a.m. From 10 a.m. to one half- hour after sunset, they may hunt any­where within the open area. Archers must wear fluorescent orange when going to and from their stand, and when hunting away from their stand. Shotgun hunters will remain on their stands throughout the day’s hunt. Boats must be moored throughout the day. Boats leaving the creek during the day cannot return that day.

(9) All hunters under 18 years of age must be accompanied by an adult.

(10) Scouting will be permitted on October 11 and 12. The refuge ferry will take passengers to the island at 8 a.m. e.d.t., and return to the mainland at 10 a.m. and 12 noon.

(11) These special regulations and maps are available at refuge headquar­ters, Hopewell, Virginia, and from the Regional Director, U.S. Fish and Wild­life Service, Post Office and Courthouse Building, Boston, Massachusetts 02109.

The provisions of these special regula­tions supplement-the regulations which govern hunting on wildlife refuge areas generally, as set forth in Title 50, Code of Federal Regulations, Parts 28 and 32, and are effective through November 8, 1974.

R ichard E ; G r iffith , Regional Director, U.S. Fish

and Wildlife Service.S eptember 12, 1974. .

[PR Doc.74-22120 Piled 9-23-74:8:45 am]

FEDERAL REGISTER, VOL. 39, NO . 186— TUESDAY, SEPTEMBER 24, 1974

34294

proposed rulesThis section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of

these notices Is to give interested persons an opportunity to participate in the rulemaking prior to the adoption of the final rules.

DEPARTMENT OF THE TREASURY Bureau of Alcohol, Tobacco and Firearms

£ 27CFR Parl€ ]INDUCEMENTS FURNISHED TO RE­

TAILERS OF DISTILLED SPIRITSNotice of Proposed Rulemaking

Notice is hereby given that the regu­lations set forth in tentative form are proposed to be prescribed by the Di­rector, Bureau of Alcohol, Tobacco and Firearms, with the approval of the Sec­retary of the Treasury or his delegate. Prior to final adoption of such regula­tions, consideration will be given to any data, views or arguments pertaining thereto which are submitted in writing, in duplicate, to the Director, Bureau of Alcohol, Tobacco and Firearms, Wash­ington, D.C. 20226, on or before Octo­ber 24, 1974. Any written comments or suggestions not specifically designated as confidential in accordance with 27 CFR 71.22(d) (7) may be inspected by any person upon written request. The provi­sions of 27 CFR 71.31(b) shall apply with respect to designation of portions of comments or suggestions as exempt from disclosure. Any person submitting writ­ten comments or suggestions who desires an opportunity to comment orally at a public hearing on these proposed regu­lations should submit his request, in writ­ing, to the Director within the 30-day period. In such a case, a public hearing will be held and notice of the time, place, and date will be published in a subse­quent issue of the F ederal R egister , un­less the person or persons who have re­quested a hearing withdraw their re­quests for a hearing before notice of the hearing has been filed with the Office of the Federal Register. The proposed regu­lations are to be issued under the author­ity contained in section 5 of the Federal Alcohol Administration Act (49 Stat. 981, as amended (27 U.S.C. 205)).

Dated: September 12,1974.[ seal] R e x D . D avis,

Director, Bureau of Alcohol,Tobacco and Firearms.

The Bureau of Alcohol, Tobacco and Firearms has been petitioned by the Dis­tilled Spirits Council of the United States (DISCUS), a trade association repre­senting numerous distillers and bottlers of distilled spirits, to amend the regula­tions relating to inducements furnished to retailers (27 CFR Part 6) issued under the provisions of the Federal Alcohol Administration Act (27 U.S.C. 205).

The “Tied House” provisions of the Federal Alcohol Administration Act (27 U.S.C. 205(b) (3 )), among other things,

make It unlawful for an importer, pro­ducer, or wholesaler of alcoholic bev­erages, directly or indirectly or through an affiliate, to induce a retailer to pur­chase distilled spirits, wine, or malt bev­erages from such person to the exclusion in whole or in part of distilled spirits, wine, or malt beverages sold or offered for sale by other persons in interstate commerce, under the conditions set forth therein, by furnishing, giving, renting, lending, or selling to the retailer any equipment, fixtures, signs, supplies, serv­ices, or other things of value. The Act, however, authorizes the Secretary to pre­scribe by regulations certain exceptions to this rule. As guidelines in considering whether or not a particular trade prac­tice should be excepted; section 5(b) of the Act provides that consideration is to be given to the “public health, the quan­tity and value of articles involved, estab­lished trade customs not contrary to the public interest and the purposes of this subsection” , which is, of course, designed to outlaw unfair competition and unlaw­ful trade practices.

One exception to the Act’s general pro­hibitions is set forth in 27 CFR 6.23a. This section provides, in part, that a person engaged in business as a distiller, rectifier, blender, producer, importer, wholesaler, or bottler of distilled spirits, may, regardless of the inducement effect, give, rent, lend, or sell to a retailer signs, posters, placards, designs, devices, dec­orations or graphic displays, for use in windows, or elsewhere within a retailer’s establishment, if they have no value to the retailer except as advertisements, and if the total value of all such mate­rials furnished by any individual indus­try member in use at any time at any one retail establishment does not exceed $15 for materials used in window displays, or $30 for materials used elsewhere than in windows, exclusion of expenses in­curred by the industry member in con­nection with the transportation, assem­bly, and installation of such materials.

Another exception to the Act’s gen­eral prohibitions is found in 27 CFR 6.28. This section, provides in part, that ad­vertising specialties, such as trays, coast­ers, thermometers, or clocks, which bear advertising matter, may be given, fur­nished, or sold to a retailer if the aggre­gate cost to any industry member of such materials does not exceed $10 for any one retail establishment in any one calendar year.

The DISCUS petition proposes amend­ment of 27 CFR 6.23a, to increase the limitation for advertising materials fur­nished to retailers from $15 to $25 for materials used In window displays, and

from $30 to $50 for materials used else­where than in windows. It also proposes amendment of 27 CFR 6.28, to increase the limitation for advertising specialties furnished to retailers from $10 to $20.

The advertising limitation for dis­tilled spirits at the retail level was estab­lished at $10, in 1936.' In 1954, subse­quent to public hearings held in 1953, two separate limitations were established for distilled spirits advertising material- one limitation for materials used in win­dow displays and another for materials used in interior displays. These limits were set at $15 and $30, respectively. The reasons behind the change were primarily related to the increase in the cost of ad­vertising materials. The limitation for retailer advertising specialties, however, has remained at $10 since it was estab­lished in 1936.

The justification given by DISCUS in its current amendment proposal is, again, the increased cost of materials. Based on wholesale price index figures, it appears that costs in general have in­creased approximately 110% since 1936 and 60% since 1954. Thus, the increases requested in the DISCUS petition seem reasonable in respect to inflation. But, “quantity” and “value” are only two of the factors the Bureau must consider in reaching a decision as to the proposed regulatory change. With respect to two of the other factors that must be con­sidered, “ public health” and “ trade cus­toms” , the Bureau has limited informa­tion. Therefore, the Bureau has decided to propose the regulatory changes peti­tioned for, but at the same time to en­courage the submission of relevant data, comments, or suggestions by members of the alcoholic beverage industry, consum­ers, or other government agencies. It is therefore proposed to amend 27 CFR Part 6 as follows:

P aragraph 1. Revise § 6.23a to increase the advertising allotment. As revised, § 6.23a reads as follows:§ 6.23a Inside signs: distilled spirits.

Signs, posters, placards, designs, de­vices, decorations or graphic displays, bearing advertising matter and for use in the windows or elsewhere in the inte­rior of a retail establishment, may be given, rented, loaned, or sold to a retailer by an industry member engaged in busi­ness as a distiller, rectifier, blender, producer, importer, wholesaler, bottler, or warehouseman and bottler, of distilled spirits, (a) if they have no value to the retailer except as advertisements, (b) if the total value of all such materials fur­nished by any industry member and ih use in any one retail establishment at

FEDERAL REGISTER, VOL. 39, N O . 186— TUESDAY, SEPTEMBER 24, 1974

PROPOSED RULES 34295

any one time does not exceed $25 in the case of materials used in window displays, or does not exceed $50 in the case of materials used elsewhere than in the Endows, and (c) if the cost of installa­tion of such materials does not exceed that which is usual and customary in that locality: Provided, That the indus­try member shall not directly or indi­rectly pay or credit the retailer for dis­playing such materials or for any ex­pense incidental to their operation..

Par. 2. Revise § 6.28 to increase the maximum allotment. As revised, § 6.28 reads as follows :§ 6.28 Retailer advertising specialties.

Retailer advertising specialties, such as trays, coasters, beer mats, menu cards, meal checks, paper napkins, foam scrapers, back bar mats, tap markers, thermometers, clocks, and calendars, which bear advertising matter and which are primarily valuable to the retailer as point of sale advertising media, may be furnished, given, or sold to a retailer if the aggregate cost to any industry mem­ber of such retailer advertising special­ties furnished, given, or sold in connec­tion with any one retail establishment in any one calendar year does not exceed $20.

fPR Doc.74-22086 Piled 9-23-74:8:45 am]

DEPARTMENT OF AGRICULTUREAgricultural Marketing Service

[7 CFR Parts 1030, 1001, 1002, 1004, 1006, 1007, 1011, 1012, 1013, 1015, 1032, 1033, 1036, 1040, 1044, 1046, 1049, 1050, 1060, 1061, 1062, 1063, 1064, 1065, 1068, 1069, 1070, 1071, 1073, 1075, 1076, 1078, 1079, 1090, 1094, 1096, 1097, 1098, 1099, 1101, 1102, 1104, 1106, 1108, 1120, 1121, 1124, 1125, 1126, 1127, 1128, 1129, 1130, 1131, 1132, 1133, 1134, 1136, 1137, 1138, and 1139]

[Docket Nos. AO-361—A12, etc.]

7CFR Marketing area Docket No.part

1064 Greater Kansas City------ ------AO-23-A47.1065 Nebraska-Western Iowa--------- AO-86-A33.1068 Minneapolis-St. Paul, Minn—. AO-178-A34.1069 Duluth-Superior........ - ............ AO-153-A23.1070 Cedar Rapids-Iowa City--------AO-229-A29.1071 Neosho Valley—-------------------- AO-227-A30.1073 W ichita-......................... AO-173-A31.1075 Black Hills, S. D a k ............. - AO-248-A16.1076 Eastern South Dakota— .........AO-260-A22.1078 -North Central Iowa__________ AO-272-A24.1079 Des Moines, Iowa____________ AO-295-A29.1090. Chattanooga, Tenn................... AO-266-A19.1094 New Orleans, La_____------- . . . AO.-103-A36.1096 Northern Louisiana— . . . . . . . . AO-257-A24.1097 Memphis, Tenn___ __________ AO-219-A30.1098 Nashville, Term..... ......... .V -.- AO-184-A36.1099 Paducah, Ky____________. . . . AO-183-A30.1101 Knoxville. Tenn____ . . . . . -----AO-195-A23.1102 Fort Smith. Ark__ ;_______ •.. AO-237-A24.1104 Red River Valley....... ..............AO-298-A24.1106 Oklahoma M etropolitan ....... AO-210-A37.1108 Central Arkansas...__________AO-243-A28.1120 Lubbock-Plainview, Tex------- AO-328-A17.1121 South Texas........... .............. AO-364-A9.1124 Oregon-Washington___________AO-368-A7.1125 Puget Sound, Wash.._________ AO-226-A27.1126 North Texas..........I ....... - ........AO-231-A42.1127 San Antonio, Tex....... . . ....... AO-232-A28.1128 Central West Texas___________AO-238-A31.1129 Austin-Waco, Tex____ ____ AO-256-A24.1130 Corpus Christi, T ex...‘. . . .........AO-259-A28.1131 Central Arizona.......... — --------AO-271-A18.1132 Texas Panhandle...__________ AO-262-A26.1133 Inland E m pire..........................AO-275-A27.1134 Western Colorado...... ............. - AO-301-A15.1136 Great B asin ..'......... ......... AO-309-A21.1137 Eastern C olorad o........ . . . . . . AO-326-A19.1138 Rio Grande Valley_________ AO-335-A22.1139 Lake Mead, Nev_____________ AO-374-A2.

Notice is hereby given of a public hearing to be held at the Camelot Inn, 6565 North Mannheim Road, Rosemont, Illinois (near O’Hare National Airport), beginning at 9:00 a.m., local time, on October 8,1974, with respect to proposed amendments to the tentative marketing agreements and to the orders, regulating the handling of milk in the aforelisted marketing areas.

The hearing is called pursuant to the provisions of the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601 et seq.), and the applicable rules of practice and procedure govern­ing the formulation of marketing agree­ments and marketing orders (7 CFR

MILK IN THE CHICAGO REGIONAL, AND CERTAIN OTHER MARKETING AREAS

Notice of Hearing on Proposed Amend­ments to Tentative Marketing Agree­ments and OrdersIn the matter of :7

CFR Marketing area Docket No:part

1030 Chicago Regional.—. . _______ AO-361-A12.1001 Boston R egional............. . AO-14-A54.1002 New York-New Jersey..'_____AO-71-A69.1004 Middle Atlantic.................... AO-160-A52.1006 Upper Florida.................. ......AO-356-A12.1007. Georgia........... .............. AO-366-A12.1011 Appalachian___. . . I . . . . . . . . . . . AO-251-A17.1012 Tampa Bay................ AO-347-A16.1013 Southeastern Florida.................AO-286-A24.1015 Connecticut.................... AO-305-A32.1032 Southern Illinois................ AO-313-A26.1033 Ohio V alley.............................AO-166-A45.1036 Eastern Ohio-Western Penn- AO-179-A40.

sylvania.1040 Southern Michigan.................... AO-225-A29.1044 Michigan Upper Peninsula___ AO-299-A21.1046 Louisville-Lexington-E vans- AO-123-A41. ville. -■}®4S> Indiana................... AO-319-A24.JO™ Central Illinois...........................AO-355-A17.1060 Minnesota-North Dakota....... . AO-360-A11.1061 Southeastern Minnesota- AO-367-A10.1 nao Northern Iowa (Dairyland).in«» ^-^«Jf-O zarks.......................AO-10-A48.lood Quad Cities-Dubuque....... . AO-105-A40,

Part 900).The public hearing is for the purpose

of receiving evidence with respect to the economic and emergency marketing con­ditions that relate to the minimum level of Class I price to be established for the forthcoming fall and winter months under each of the aforesaid orders. Evi­dence also will be received on the ques­tion of whether the due and timely exe­cution of the functions of the Secretary imperatively and unavoidably require the omission of a recommended decision in conjunction with any emergency amend­atory actions that may result with re­spect to any of the aforesaid orders.

Proponents of price proposals point out that prices to producers have de­clined nearly $2.00 per hundredweight over the past five months while milk production costs have increased. Thus, they point out that, unless appropriate price adjustments are immediately initi­ated to provide assurance of returns sufficient to offset production costs, ade­quate milk supplies cannot be assured.

Numerous requests for this hearing have been received from Members of

Congress; state officials; national, state, and local farm organizations; regulated handlers; and individual producers and may be summarized as follows:

All O rders proposal NO. 1

Amend each of the respective orders to provide immediately for a minimum basic formula price of up to $7.50 and for each of the months through March 1975.

proposal no. zMake such changes as may be neces­

sary to make the entire marketing agree­ments and the orders conform with any amendments thereto that may result from this hearing.

No proposal has received the approval of the Secretary except for purposes of hearing.

Copies of this notice of hearing and the orders may be procured from the market administrators of the respective orders, or from the Hearing Clerk, Room 112-A, Administration Building, U.S. Depart­ment of Agriculture, Washington, D.C. 20250, or may be there inspected.

Signed at Washington, D.C., on Sep­tember 18,1974.

E. L, P eterson,Administrator,

Agricultural Marketing Service.[FR Doc.74-22128 Filed 9-20-74;9:54 am]

Farmers Home Administration [ 7 CFR Part 1842]

[FmHA Instruction 449.1]BUSINESS AND INDUSTRIAL LOANS

Eligibility Criteria; Withdrawal of Proposed Rulemaking

The purpose of this notice is to with­draw Notice 74-16869 (39 FR 26914) in which the Farmers Home Administration solicited comments on a proposed amendment of Part 1842» involving § 1842.12 which provided for investiga­tive procedures for establishing eligibil­ity requirements for guaranteed or in­sured loans. No comments have been received during the 30-day solicitation period, and inasmuch as the entire Part 1842 is being revised, this proposal pub­lished at 39 FR 26914 dated July 24, 1974, is hereby withdrawn.((7 U.S.C. 1989); delegation of authority by Secretary of Agriculture, 7 CFR 2.23; dele­gation of authority by Assistant Secretary for Rural Development, 7 CFR 2.70)

Dated: September 18,1974.,F rank B. Elliott,

Administrator,Farmers Home Administration.

[FR Doc.74-22130 Filed 9-23-74;8:45 am]

FEDERAL REGISTER, VOL. 39, NO. 186— TUESDAY, SEPTEMBER 24, 1974

342% PROPOSED RULES

DEPARTMENT OF COMMERCE Maritime Administration

{ 46 CFR Part 254 JTOTAL ACCOMMODATION AND ‘ CREW

COMPLEMENTS FOR SUBSIDIZED VES­SELS

Procedures for EstablishingThere is hereby proposed a new Part

254 to Title 46 of the Code of Federal Regulations setting forth the procedures by which the Maritime Subsidy Board of the Maritime Administration (the Board) will establish proper total accommoda­tions and crew complements for vessels to be constructed, reconstructed or recon­ditioned with construction-differential subsidy under Title V of the Merchant Marine Act, 1936, as amended (the Act) (46 U.S.C. 1151-1161), and crew comple­ments necessary for the efficient and eco­nomical operation of vessels to be oper­ated with operating-differential subsidy under Title VI of the Act (46U.S.C. 1171- 1183).

Under the procedures as proposed, the Crew Committee of the Maritime Admin­istration will review the proposed crew complements and total accommodations submitted by the applicant for subsidy and will recommend either that they be adopted as proposed or that a disallow­ance be made. If the Crew Committee proposes to disallow any proposed ac­commodation, officer or crew member, the applicant may comment on such pro­posed disallowance before the Crew Com­mittee transmits its recommendation to the Board.

After review of the Crew Committee’s recommendation and the submissions made by the applicant, the Board will establish total accommodations and crew

. complements for vessels to be con­structed, reconstructed or reconditioned with construction-differential subsidy, and crew complements necessary for the efficient and economical operation of vessels to be operated with operating- differential subsidy. Representatives of the collective bargaining units respon­sible for the manning of the vessel in­volved will be provided with the oppor­tunity to comment on the disallowance of any officer or crew member proposed by the applicant before such Board ac­tion becomes final. Finally, any person having an interest in the Board’s action may petition the Secretary of Commerce for review thereof.

Although the promulgation of regula­tions establishing agency procedures is exempt from the requirements of 5 U.S.C. 553, the Board is publishing these regu­lations in proposed form. Comments con­cerning these proposed regulations should be submitted in duplicate to the Secretary, Maritime Administration, Washington, D.C. 20236. AH material re­ceived on or before October 24,1974, will be considered.

All comments in response to this pro­posal will be available for public inspec­tion during normal business hours at the foregoing address.

Part 254 of Title 46 of the Code of Fed­eral Regulations is proposed to read as follows:PART 254— PROCEDURES FOR ESTAB­

LISHING TOTAL ACCOMMODATIONS AND CREW COMPLEMENTS FOR SUB­SIDIZED VESSELS

Sec.254.1 Purpose.254.2 Definitions.254.3 Submissions by applicant for subsidy.254.4 Crew Committee recommendation to

tbe Board.254.5 Board action and tbe right o f peti­

tion for review.254.6 New determination o f crew comple­

ment.A u t h o r it y : Sec. 204(b) , Merchant Marine

Act, 1936, as amended, 49 Stat. 1987 (46 U.S.C. 1114); Reorganization Plans No. 21 of 1950, 64 Stat. 1273 and No. 7 of 1961, 75 Stat. 840, as amended by Pub. L. 91-469, 84 Stat. 1036; Department of Commerce Organi­zation Order 10-8, 38 PR 19707. July 23, 1973.§ 254.1 Purpose.

The purpose of this part is to set forth the procedure by which the Maritime Subsidy Board shall approve total ac­commodations and crew complements for vessels to be constructed, reconstructed or reconditioned with construction-dif­ferential subsidy under Title V of the Merchant Marine Act, 1936, as amended, and crew complements necessary for the efficient and economical. operation of vessels to be operated with operating- differential subsidy under Title VI of that Act.§ 254.2 Definitions.

For purposes of this part:(a) “Act” means the Merchant Ma­

rine Act, 1936, as amended (46 U.S.C. 1101-1294).

(b) “Applicant” means any United States citizen who submits to the Mari­time Administration, Department of Commerce, an application for CDS, COS or both.

(c) “Board” means the Maritime Sub­sidy Board of the Maritime Administra­tion, Department of Commerce.

<d) “Construction-differential sub­sidy” ( “CDS” ) means the excess of the cost of constructing, reconstructing or reconditioning a vessel (excluding the cost of national defense features) in a shipyard of the United States over the foreign cost of constructing, reconstruct­ing or reconditioning such vessel, as esti­mated by the Board.

<e) “ Crew Committee” means the Crew Committee of the Maritime Ad­ministration, Department of Commerce.

<f) “Operating-differential subsidy” ( “ODS” ) means the excess of the cost of subsidizable items of expense incurred in the operation under United States registry of a vessel over the cost of the same items (excluding any increase in the cost of such items due to national defense features) if such vessel were op­erated under the registry of substantial foreign competitors, as estimated by the Board, or in the case of any vessel in an essential bulk carrying service, such

sums as the Board determines to be nec­essary to make the cost of operating such vessel competitive with the costs of op­erating a similar vessel under the registry of a foreign country.

<g) “ Total accommodations” means the accommodations provided for offi­cers, crew members and all others.§ 254.3 Submissions h y applicant for

subsidy.(a) Applicant for CDS. At the time of

application for CDS, the applicant shall submit to the Board the proposed total accommodations and crew complement, specifying each officer and crew member for each vessel to be constructed, recon­structed or reconditioned with CDS and the purpose of each accommodation other than for officers and crew mem­bers.

(b) Applicant for ODS. At the time of application for ODS, the applicant shall submit to the Board a proposed crew complement for each vessel for which ODS is requested, setting forth each officer and crew member proposed to man such vessel.

(c) Analysis of crew complement. If the crew complement proposed by the applicant has not been previously ap­proved by the Board for a vessel of com­parable type, or if the Crew Committee determines that a significant change in vessel operation or design or other event effecting the crew complement necessary for the efficient and economical opera­tion of the vessel has occurred subse­quent to a determination toy the Board of the crew complement for a vessel of comparable type, the Crew Committee may request and the applicant shall thereupon submit a detailed analysis of the functions and responsibilities of each proposed officer and crew member.§ 254.4 Crew Committee recommenda­

tion to the Board.(a) Recommendation o f allowance or

disallowance. After review of the pro­posed total accommodations, the pro­posed crew complement, and any sub­mission made by the applicant pursuant to § 254.3(c) of this part, the Crew Com­mittee shall either (i) recommend to the Board the adoption of the proposals as submitted by the applicant, or (ii) notify the applicant in writing that it pro­poses to recommend disallowance of the proposals as submitted and provide the applicant with an analysis and comment setting forth the basis for its proposed recommendation of disallowance.

(b) Comment by applicant. (1) Within a reasonable time specified In the notice of proposed recommendation of disallow­ance, the applicant may comment on the Crew Committee’s analysis and com­ment.

(2) After consideration of any com­ments submitted by the applicant on the Crew Committee’s analysis and com­ment, the Crew Committee shall recom­mend to the Board the crew complement necessary for the efficient and econom­ical operation of each vessel to be oper­ated with ODS and the proper total ac-

FEDERAL REGISTER, VOL. 39, NO. 186— TUE5DAY, SEPTEMBER 24, 1974

PROPOSED RULES 34297

commodations and crew complement for eacli vessel to be constructed, recon­structed or reconditioned with CDS. If such recommendation disallows any ac­commodation or officer or crew member proposed by the applicant, the Crew Committee shall notify the applicant in writing and provide the applicant with a copy of its recommendation to the Board.§ 254.5 Board action and the right o f

petition for review.(a) Board action. (I) After considera­

tion of the Crew Committee's recom­mendation and the submissions made by the applicant pursuant to §§ 254.3 and 254.4(b)(1), the Board shall determine the crew complement necessary for the efficient and economical operation of each vessel to be operated with ODS and proper accommodations and crew com­plement for each vessel to be constructed, reconstructed, or reconditioned with CDS.

(2) If the Board's determination under paragraph (a) Cl) of this section dis­allows any officer or crew member pro­posed by the applicant, such determina­tion shall be tentative and the Board shall issue a Tentative Opinion and Or­der setting forth the basis for such dis­allowance. A copy of such Tentative Opinion and Order shall be mailed to the representatives of the collective bargain­ing units responsible for the manning of the vessel, and they may submit com­ments thereon within a reasonable period of time specified by the Board.

(3) After consideration of any com­ments submitted pursuant to paragraph(a) (2) of this section and such amend­ment of its determination as may be con­sidered by the Board to be appropriate in view of such comments, the Board shall issue a Final Opinion and Order.

(b) Petition for review. Any person having an interest in the Board’s Final Opinion and Order may petition the Sec­retary of Commerce for review in ac­cordance with § 7.02 of Department of Commerce Organization Order 10-8 (38 FR19707, July 23,1973).§ 254.6 New determination o f crew com­

plement.If the Board determines that any pro­

posed amendment to the ODS contract would significantly alter the basis of its prior determination of the crew comple­ment necessary for the efficient and eco­nomical operation of a vessel subject to such contract, e.g„ because of a proposed change in the operation or design of the vessel, the operator shall be so notified and shall thereupon apply for a new determination by the Board of the proper crew complement for such vessel Pursuant to this part.

Dated: September 17,1974.By Order of the Maritime Subsidy

Board.James S . D a w so n * Jr.*

Secretary.[PR Doc.74-32173 Filed 9-23-74:8:45 ami

DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE

Food and Drag Administration [2 1 CFR Parts 610 an d 6201

BIOLOGICAL PRODUCTSProposed Additional Standards for

Cholera VaccineSiection 351 of the Public Health Serv­

ice Act requires that each manufacturer of Cholera Vaccine be licensed prior to marketing such vaccine in interstate commerce. Licenses for establishments manufacturing the vaccine may be is­sued only upon a showing that the par­ticular establishment will produce Chol­era Vaccine that is safe, pure* potent, and efficacious. Currently, licensing for the production and distribution of Chol­era Vaccine is guided primarily by un­codified standards published in 1984 by the Department of Health, Education, and Welfare as “Recommendations Re­lating to the Manufacture of Cholera Vaccine."

The Bureau of Biologies, Food and Drug Administration, has been reviewing many licensed products, including Chol­era Vaccine, for the purpose of revising older standards of« production and test­ing. The proposed additional standards for the manufacture of Cholera Vaccine include many of the provisions of the published uncodified standards but also contain changes and additions that re­flect more recent experience and devel­opment of scientific knowledge in the field.

A significant change is the proposed establishment of a limit of no more than three valid potency tests to be performed on each lot of vaccine. The limitation is proposed as a result of an evaluation of the statistical significance of the biologi­cal variations encountered in the potency testing of Cholera Vaccine. Analysis of the data reflects that a single test esti­mate of 4.4 units per milliliter or a two- or three-test geometric mean estimate of5.3 or 5.7 units per milliliter, respectively, would not be statistically different from the corresponding U.S. Standard Vac­cine having a potency o f 8 units per milli­liter. If the vaccine fails to meet the potency test requirements after three valid potency tests, it is extremely un­likely that results from subsequent tests could raise the cumulative mean value sufficiently to pass a corresponding po­tency requirement.

Cholera Vaccine contains killed Vibrio cholerae bacteria of the Ogawa and Inaba serotypes. Millions of people have been vaccinated with Cholera Vaccine as a means of preventing the disease. Never­theless, effectiveness of the vaccine re­mained equivocal until recent years when it was shown that the vaccine could provide about 50 percent effectiveness for a period of 3 to 6 months. Presently, the vaccine is widely used in the face of epidemics, and a certificate of vaccina­tion is required by many countries for

travelers to and from areas with cholera. After considering the possible hazards associated with improper manufacture of Cholera Vaccine, the Commissioner of Food and Drugs concludes that the addi­tional standards for Cholera Vaccine, as set forth below, are necessary to assure a uniform, quality product.

Pertinent background data and infor­mation on which the Commissioner re­lies in proposing this regulation are on public display in the office of the Hearing Clerk, Food and Drug Administration* Rm. 4-65, 5600 Fishers Lane, Rockville, MD 20852.

Therefore, pursuant to provisions of the Public Health Service Act (sec. 351* 58 Stat. 702, as amended; 42 U.S.C. 262) and under authority delegated to Mm (21 CFR 2.120), the Commissioner pro­poses that Subchapter Fin 21 CFR Chap­ter I be amended as follows :

A. In Part 810 :1. By alphabetically adding two new

items to the list of substances under the heading “Antigens” in § 610.20 (a) as follows:§ 610.20 Standard preparations.

* * * * *

(a) * * *•A n t ig e n s

* * * * * Cholera Vaccine, Inaba serotype.Cholera Vaccine, Ogawa serotype.

* * * * *

2. By alphabetically adding anew item to the list of substances under “Anti­gens” in § 610.21 as follows:§ 610.21 Limits o f potency.

* * * * *

A n t ig e n s

* * * * *Cholera Vaccine, 8 units each of Inaba and

Ogawa serotype antigens per milliliter.* * * * *

B. In Part 620 by adding a new Sub­part D consisting of seven sections, as follows:

Subpart D— Cholera Vaccine § 620.30 Cholera Vaccine.

The proper name of this product shall be Cholera Vaccine which shall consist of an aqueous preparation o f equal parts of Ogawa and Inaba serotypes of killedi Vibrio cholerae bacteria.§ 620.31 Production.

(a) Strains of bacteria. (1) A strain of Ogawa serotypes and a strain of Inaba of V. cholerae shall be used in the manu­facture of the vaccine. Each serotype strain shall have been shown in con­trolled field studies to yield a vaccine no less potent than vaccines prepared from Ogawa strain 41 and Inaba strain 35A3 obtained from the Bureau of Biologies.

C2> Antigenic integrity of the strains shall be verified by (i> the agglutination of living bacteria of each serotype by

FEDERAL REGISTER, VOL. 39, N O . 186— TUESDAY, SEPTEMBER 24, 1974

34298 PROPOSED RULES

cholera O Group I antiserum; (ii) the agglutination of the Ogawa strain in monospecific Ogawa antiserum and of the Inaba strain in monospecific Inaba antiserum; and (iii) the absence of spon­taneous agglutination of living bacteria of either strain in 0.85 percent sodium chloride solution during incubation for at least 5 hours at 37° C.

(b) Propagation of bacteria. The cul­ture medium for the propagation strains shall not contain ingredients known to be capable of producing allergenic effects in human subjects. The harvested bacteria shall be free of extraneous bacteria, fungi, and yeasts as demonstrated by microscopic examination and cultural methods. Bacteria of the two serotypes shall be grown separately.

(c) Bacterial content. (1) The number of bacteria in each separate bacterial harvest shall be determined by use of the U.S. Opacity Standard not later than 2 horns after harvest and before treat­ment with a preservative or other agent capable of altering opacity of the bac­terial suspension.

(2) The vaccine shall contain equal numbers of bacteria of the Ogawa and Inaba serotypes and the total number shall not exceed 8 x 10® bacteria per milliliter.

(d) Nitrogen content. The total nitro­gen content of the vaccine shall not ex­ceed 0.3 milligram per milliliter for bac­teria grown on solid medium or 1.0 mil­ligram per milliliter if grown in liquid medium. In no instance shall the vac­cine contain more than 0.07 milligram per milliliter of nitrogen précipitable by the addition of an equal volume of 10 percent trichloracetic acid.

(e) Preservative. The vaccine shall contain a preservative.§ 620.32 U.S. Standard preparations.

The following U.S. Standard prepara­tions shall be obtained from the Bureau of Biologies, Food and Drug Administra­tion, for use as prescribed in this sub­part:

(a) Vaccine Standard. The U.S. Stand­ard Cholera Vaccine, Ogawa serotype, and U.S. Standard Cholera Vaccine, Inaba serotype, for determining the potency of Cholera Vaccine upon recon­stitution as directed.

(b) Opacity standard. The U.S. Opac­ity Standard for use in estimating the bacterial content of the vaccine and of the challenge culture.

(c) Seed culture. Seed cultures of V. cholerae, Inaba serotype, strain 35A3 and Ogawa serotype, strain 41 for prepara­tion of vaccine challenge cultures for use in the vaccine potency test.§ 620.33 Potency tests.

Each lot of vaccine shall be subjected to two potency tests. One test shall deter­mine the potency of the vaccine in com­parison with the U.S. Standard Cholera Vaccine, Ogawa serotype, and the other test shall determine the potency of the vaccine in comparison with the U.S. Standard Cholera Vaccine, Inaba sero­type. Each test shall be performed as follows:

(a) Mice. Healthy mice shall be used, all from a single strain and of the same sex, or an equal number of each sex in each group, with individual weights be­tween 10 and 14 grams. There shall be at least 4 groups consisting of no. less than 16 mice each, for each dilution of vaccine in each potency test. In addition, there shall be at least four groups con­sisting of no less than 10 mice each for each patency test as a control for viru­lence titration of the challenge suspen­sion.

(b) Injections of vaccine. Serial dilu­tions, no greater than fivefold of the vac­cine to be tested and of the appropriate serotype standard vaccine shall be made in 0.85 percent sodium chlo­ride solution. The EDso value shall be bracketed by the dilutions used. Each mouse in each dilution group shall receive intraperitoneally 0.5 milli­liter of the appropriate vaccine dilution. At least 87.5 percent of the mice in each dilution group shall survive and all sur­viving mice shall appear healthy at the time of challenge.

(c) The challenge. The challenge shall be administered 12 to 16 days after in­jection of the vaccine.

(1) The strains of V. cholerae for chal­lenge shall be Ogawa 41 and Inaba 35A3. For each test, the challenge culture shall be taken from a batch of cultures main­tained by a method such as freeze-drying that retains constancy of virulence.

(2) The challenge and virulence titra- .tion doses shall be prepared as follows:The bacteria for each challenge shall be harvested from a 16- to 18-hour culture grown at 36°±1° C., on a nutrient agar medium adjusted to pH 7.4. The har­vested bacteria shall be uniformly sus­pended in a diluent consisting of M/15 phosphate buffered saline adjusted to pH7.4 and 0.1 percent gelatin and free from agar particles and clumps of bacteria. The suspension shall be adjusted to an opacity of 10 units, and diluted in ten­fold increments using the same diluent. The suspensions for the challenge and virulence titrations shall be suspended in a 5 to 10 percent sterile gastric mucin preparation adjusted to pH 7.4. The challenge suspension shall be prepared from whichever bacterial dilution pro­vides the required LDso doses for a 0.5 milliliter challenge dose. The virulence titration suspensions shall consist of the challenge suspension and at least three dilutions of the challenge suspension cal­culated to bracket the LD«, value.

(3) Each surviving mouse that re­ceived vaccine shall be inoculated intra­peritoneally with a 0.5 milliliter dose of the challenge suspension. Mice in each of the four groups of control mice used for the virulence titration of the challenge suspension shall be inoculated intraperi­toneally with a 0.5 milliliter dose of the challenge suspension and its respective dilutions. The challenge dose control mice shall be inoculated last. The in­terval between removal of the bacteria from the culture medium and the inoc­

ulation of the last mouse shall not ex­ceed 2 Vz hours.

(d) Recording the results. The mice

shall be observed daily for 2 days follow­ing challenge. A daily record shall be maintained of the number of mice that die. A record of the number of mice that survive shall be made, at the end of the observation period.

(e) Validity of the test. The test is valid provided: (1) The EDw value of the vaccine under test and the standard vaccine is between the largest and small­est doses inoculated into the mice; (2) the test for homogeneity of the dose re­sponse curves of the line for both the vaccine under test and the standard vac­cine shall be acceptable; (3) the slopes of the dose response curves for the vac­cine under the test and the standard vaccine shall be shown to be parallel by an appropriate statistical method; (4) the results of all dilutions shall be used to calculate th^ED-0 value of both the standard and test vaccine by the Parallel Line Bioassay Method or one statisti­cally equivalent to it; (5) the challenge dose contains between 100 and 10,000 LD;o doses; and (6) the LDso value of the challenge suspension contains no more than 5,000 colony-forming units determined by plate count.

(f) Repeat tests. If the vaccine does not meet the potency requirements pre­scribed in paragraph (h) of this section, repeat tests may be performed and the results of each test meeting the criteria in paragraph (e) of this section shall be combined by means of a geometric mean. The determination that the vaccine meets the potency requirements shall be made from the results of not more than three valid tests.

(g) Estimate of the potency. The EDbo value of each vaccine shall be calculated. The protective unit value of each sero­type per milliliter of the vaccine under test shall be calculated in terms of the unit value of the corresponding standard vaccine.

(h) Potency requirements. The vaccine shall have a potency of not less than 8 units per serotype per milliliter. This re­quirement shall be met only if the potency for a single test is not less than4.4 units per serotype per milliliter, or for two tests not less than 5.3 units, or for three tests not less than 5.7 units.§ 620.34 Mouse toxicity test.

The final vaccine shall be demon­strated to be free from toxicity by the following test: A group of no less than 10 and no more than 40 mice, each mouse weighing 14 to 16 grams, shall have free access to food and water for no less than 2 hours before injection. The group weight of the mice shall be determined immediately prior to injection. Each mouse shall be injected intraperitoneally with a test dose of 0.5 milliliter of un­diluted vaccine. The group weight of the mice shall be determined at the end of 72 hours. The 72-hour average weight per mouse shall be no less than the average weight per mouse immediately preceding the injection. No more than 5 percent of the total number of mice used shall die during the test period; however, neither death nor significant toxic signs that may be attributed to the vaccine, other than those caused by the preservative or the

FEDERAL REGISTER, VOL. 39, NO. 186— TUESDAY, SEPTEMBER 24, 1974

PROPOSED RUEES 34299

native endotoxin in the vaccine, shall result.§ 620.35 General requirements.

Cal Freezing prohibition,. Cholera Vac­cine shah not be frozen at any time.

Cb) Dose. These standards are based on a total immunizing dose of two injec­tions of 0.5 milliliter and 1.0 milliliter, respectively, given at intervals specified in the manufacturer’s labeling.

(c) Date of manufacture. The date of manufacture shah be the date of initia­tion by the manufacturer of the last valid potency test for the Ogawa serotype or the Inaba serotype, whichever date is earlier.

Cd) Labeling. In addition to the appli­cable labeling provisions of this chapter, the package label shah bear the follow­ing:

(1) The statement that the vaccine contains 8 units of each serotype antigen per milliliter.

(2) The statement, “DO NOTF R j l -E Z J i ; b

(3) Thé statement, “SHAKE WELL”.(e). Samples’ protocols; official re­

lease. For each lot of vaccine, the fol­lowing material shah be submitted to the Director, Bureau of Biologies, Food and Drug Administration, 8800 Rockville Pike, Bethesda, MD 20014.

(1) A sample consisting of no less than 40 milliliters of the final product con­tained in no less than 4 finished packages.

(2) A protocol which consists of a summary of the history of manufacture of each lot including ah results of each test for which test results are requested by the Director, Bureau of Biologies, Food and Drug Administration. The raw data and results from each potency test per­formed shall be included.

(3) The vaccine shall not be issued by the manufacturer until notification of official release is received from the Diu rector, Bureau of Biologies.§ 620.36 Equivalent methods.

Modification of any particular manu­facturing method or process or the con­ditions under which it is conducted as set forth in the additional standards re­lating to Cholera Vaccine may be per­mitted whenever the manufacturer pre­sents evidence that demonstrates the modification will provide assurances of the safety, purity, and potency of the vaccine that are'equal to, or greater than, the assurances provided by such stand­ards, and the Commissioner of Food and Drugs so finds and makes such findings a matter of official record.

Interested persons may, on or befor November 25,1974, file with the Hearinj Clerk, Food and Drug Administration

5600 Fishers Lane, Rockville MD 20852, written comments (preferabl; r* ^ntuplicate) regarding this pro posai. Comments may be accompanied b: t w leT « an<ium or tote* In suppor “ wreof. Received comments may be see]

fn the above office during working hours, Monday through Friday.

Dated;: September 27, 2974.Sam D. FIne,

Associate Commissioner for Compliance.

[FR Doc.74-22091 Filed 9-23-74; 8:45 ami

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration [ 1 4 CFR Part 71 ]

[Airspace Docket No. 74-GL-31] TR ANSITION AREA Proposed Alteration

The Federal Aviation Administration Is considering amending Part 71 of the Federal Aviation Regulations so as to alter the transition area at Baraboo, Wisconsin.

Interested persons may participate in the proposed rulemaking by submitting such written data, views or arguments as they may desire. Communications should be submitted in triplicate to the Director, Great Lakes Region, Attention: Chief, Air Traffic Division, Federal Aviation Administration, 2300 East Devon Ave­nue, Des Plaines, Illinois 60018. All com­munications received on or before Octo­ber 24, 1974, will be considered before action is taken on the proposed amend­ment. No public hearing is contemplated at this time, but arrangements for infor­mal conferences with Federal Aviation Administration officials may be made by Contacting the Regional Air Traffic Divi­sion Chief. Any data, views or arguments presented during such conferences must also be submitted in writing in accord­ance with this notice in order to become part o f the record for consideration. The proposal contained in this notice may be changed in the light of comments received.

A public docket will be available for examination by interested persons in the Office of the Regional Counsel, Federal Aviation Administration, 2300 East Devon Avenue, Des Plaines, Illinois 60018.

A standard instrument approach pro­cedure has been developed for the Reeds- burg Municipal Airport. Controlled air­space is required to protect the proce­dure. We propose to enlarge the Baraboo transition area to cover this procedure.

In consideration of the foregoing, the Federal Aviation Administration pro­poses to amend Part 71 of the Federal Aviation Regulations as hereinafter set forth:

In § 71.181 (39 FR 4401, the following transition, area is amended to read:

Baraboo, W isconsin

That airspace extending upward from 700 feet above the surface within an eleven-mile radius of Baraboo-Wisconsin Dells. Airport

(Latitude 43'S I *30** N., Longitude 89°46T5" W.) and within an eleven-mile radius of the Reedsburg Airport (Latitude 43°31'44" N., Longitude 89°59'06" W .J.(Sec. 307 (a )Federal Aviation Act of £968 (49 U.S.C. 1348); sec. 6 ( c.y, Department of Trans­portation Act (49 U.S.C. 1655(c)

Issued in Des Plaines, Illinois on Sep­tember 4, 1974.

J o h n M . C y r o c k i, Director, Great Lakes Region.

[FR Doc.74-22079 Filed 9-23-74;8:45 am]

1 14 CFR Part 7 1 ][Airspace Docket No. 74-GL-28J

TR ANSITION AREAS Proposed Alternation and Revocation

The Federal Aviation Administration is considering amending Part 71 o f the Fed­eral Aviation Regulations so as to alter the transition area at Janesville, Wis­consin and revoke the transition area at Rockton, Illinois.

Interested persons may participate in the proposed rule making by submitting such written data, views or arguments as they may desire. Communications should be submitted in triplicate to the Direc­tor, Great Lakes Region, Attention: Chief, Air Traffic Division, Federal Avia­tion Administration, 2300 East Devon Avenue, Des Plaines, Illinois 60618. All communications received on or before October 24, 1974, will be considered be­fore action is taken, on the proposed amendment. No public hearing is con­templated at this time, but arrangements for informal conferences with Federal Aviation Administration officials may be made by contacting the Regional Air Traffic Division Chief. Any data, views, or arguments presented during such con­ferences must also be submitted in writ­ing in accordance with this notice in order to become part of the record for consideration. The proposal contained in this notice may be changed in the light of comments received.

A public docket will be available for examination by interested persons in the Office of the Regional Counsel, Federal Aviation Administration, 2300 East Devon Avenue, Des Plaines, Illinois 60018,

A standard instrument approach pro­cedure has been developed for the Beloit Wisconsin Airport. Controlled airspace is required to protect this procedure. Rather than developing an additional citation, we propose to include this air­space in the Janesville, Wisconsin transi­tion area citation as well as combining the Rockton, Illinois transition area with the Janesville area. The required airspace for the airports at Janesville, Rockton, and Beloit overlie one another.

In consideration of the foregoing, the Federal Aviation Administration pro­poses to amend Part 71. o f the Federal Aviation Regulations as hereinafter set forth r

FEDERAI REGISTER, V O L 39, NO. 186— TUESDAY, SEPTEMBER 24, 1974

34300 PROPOSED RULES

1. In § 71.181 (39 PR 440), the follow­ing transition area is amended to read:

Janesville, W iscon sin

That airspace extending upward, from 700 feet above the surface within a ten-mile radius of the Bock County Airport, Janes­ville, Wisconsin (Latitude 42°37'12" N., Longitude 89°02'28" W.), within a six-mile radius of the Beloit Wisconsin Airport (Latitude 42°29'51'' N., Longitude 88°58'05" W.), and within a five-mile radius of the Wagon Wheel Airport, Rockton, Illinois (Latitude 42°26'15" N., Longitude 89°04'21" W.).

2. In § 71.181 (39 FR 440) the follow­ing transition area is deleted: Rockton, Illinois.(Sec. 307(a), Federal Aviation Act of 1958 (49 U.S.C. 1348); sec. 6 (c), Department of Transportation Act (49 U.S.C. 1655(c)))

Issued in Des Plaines, Illinois, Au­gust 30,1974.

R. O. Z iegler,Director,

Great Lakes Region.[FB Doc.74-22080 FUed 9-23-74;8:45 am]

COST ACCOUNTING STANDARDS BOARD

[ 4 CFR Part 410 ]ALLOCATION OF BUSINESS UNIT GEN­

ERAL AND ADMINISTRATIVE EXPENSETO COST OBJECTIVES

Proposed Cost Accounting StandardNotice is hereby given of a proposed

Cost Accounting Standard on Allocation of Business Unit General and Adminis­trative (G&A) Expense to Cost Objec­tives, being considered by the Cost Ac­counting Standards Board for prom­ulgation to implement further the requirement of section 719 of the Defense Production Act of 1950, as amended, Public Law 91-379, 50 U.S.C. App. 2168. When promulgated, the Standard will be used by all relevant Federal agencies and national defense contractors and sub­contractors.

The proposed Standard, if adopted, would be one of a series of Cost Account­ing Standards which the Board is pro­mulgating “to achieve uniformity and consistency in the cost accounting prin­ciples followed by defense contractors and subcontractors under Federal con­tracts.” (See section 719(g) of the Defense Production Act of 1950, as amended.) It is anticipated that any contractor receiving an award of a con­tract on or after the effective date of this Standard will be required to follow it in accordance with the provisions of § 410.80.

The Standard provides a definition of G&A expense. The definition describes G&A expense narrowly and provides cri­teria for distinguishing between G&A ex­pense and other costs or expenses whose beneficial or causal relationship to cost objectives can be more directly measured by a base other than a cost input base representing the overall activity of a business unit during a cost accounting period. The definition provides the guide­

lines necessary to determine whether a particular expense should be included or excluded from the G&A pool.

The Standard precludes the use of a cost of sales base for the allocation of G&A expense. The Standard provides for the use of an allocation base which is measured on cost input to final cost ob­jectives. Three types of cost input allo­cation bases are provided. For those con­tractors who are presently using a cost of sales base, the application of this Standard will result in an equitable ad­justment on all pre-existing covered con­tracts.

The Standard requires that items pro­duced for stock or product inventory be accounted for as final cost objectives. This treatment requires an allocation of G&A expense to these items. The Stand­ard provides for alternative methods for handling the allocation of G&A expense to these items.

The Cost Accounting Standards Board is particularly interested in comments on the above subjects. The Board also solic­its comments on any other matter con­cerning the proposed Cost Accounting Standard which will assist the Board in its consideration of the proposal.

Interested persons should submit writ­ten data and views, concerning the pro­posed Cost Accounting Standard to the Cost Accounting Standards Board, 441 G Street NW., Washington, D.C. 20548.

To be given consideration by the Board in its determination relative to final pro­mulgation of the Cost Accounting Stand­ard covered by this notice, written sub­missions must be made to arrive no later than November 25,1974.

Note : All written submissions made pur­suant to this notice will be made available for public inspection at the Board’s office during regular business hours.

It is proposed to add Part 410 to read as follows:Sec.410.10 General applicability.410.20 Purpose.410.30 Definitions.410.40 Fundamental requirement.410.50 Techniques for application.410.60 Illustrations.410.70 Exemptions.410.80 Effective date.

A u t h o r it y : 84 Stat. 796, sec. 103 (50 U.S.C. App. 2168).§ 410.10 General applicability.

This standard shall be used by defense contractors and subcontractors under Federal contracts entered into after the effective date hereof and by all relevant Federal agencies in estimating, accumu­lating, and reporting expenses in connec­tion with the pricing, administration, and settlement of all negotiated prime contract and subcontract national de­fense procurements with the United States in excess of $100,000 other than contracts or subcontracts where the price negotiated is based on, (a) estab­lished catalog or market prices of com­mercial items sold in substantial quan­tities to the general public, or (b) prices set by law or regulation.

^ 410.20 Purpose.The purpose of this Cost Accounting

Standard is to provide criteria for the al­location of a group of business unit ex­penses commonly identified as general and administrative (G&A) expense based on their beneficial or causal relationship to business unit final cost objectives. These are expenses which the business unit incurs for its overall management and administration and similar types of home office expenses which are allocated to it. This Standard will increase the likelihood of achieving objectivity in the allocation of these expenses to final cost objectives and comparability of cost data among contractors in similar circum­stances.§ 410.30 Definitions.

(a) Allocate. To assign an item of cost or a group of items of cost, to one or more cost objectives. This term includes both direct assignment of cost and the reassignment of a share from an indirect cost pool.

(b) Business unit. Any segment of an organization, or an entire business orga­nization which is not divided into seg­ments.

(c) Cost input. Those business unit costs which are allocated to the produc­tion of goods and services during a cost acounting period, exclusive of G&A ex­penses.

(d) Cost objective. A function, orga­nizational subdivision, contract or other work unit for which cost data are desired and for which provision is made to ac­cumulate and measure the cost of proc­esses, products, jobs, capitalized projects, etc.

(e) Final cost objective. A cost objec­tive which has allocated to it both direct and indirect costs, and, in the contrac­tor’s accumulation system, is one of the final accumulation points.

(f) General and administrative (G&A) expense. Those management, fi­nancial, and similar expenses which are incurred by or allocated to a business unit for general management and ad­ministration, and which have no directly measurable relationship to particular cost objectives as opposed to the business unit as a whole. G&A expense does not include those management expenses whose beneficial or causal relationship to cost objectives can be more directly measured by a base other than a cost input base representing the overall activ­ity of a business unit during a cost ac­counting period.

(g> Segment. One of two or more divi­sions, product departments, plants, or other subdivisions of an organization re­porting directly to a home office, usually identified with responsibility for profit and/or producing a product or service. The term includes Government-ownedcontractor-operated (GOCO) facilities, and joint ventures and subsidiaries (domestic and foreign) in which the or­ganization has a majority ownership. The term also includes those joint ventures and subsidiaries (domestic and foreign) in which the organization has less than

FEDERAL REGISTER, V O L 39, NO. 186— TUESDAY, SEPTEMBER 24, 1974

PROPOSED RULES 34301

a majority of ownership, T>ut over which it exercises control.§ 410.40 Fundamental requirement.

(a) Business unit G&A expenses shall be identified and grouped in a separate indirect cost pool and shall be allocated only to final cost objectives.

(b) (1) The G&A expense of a business unit shall be allocated to its final cost objectives using a cost input allocation base except as provided in paragraph (b) (2) of this section. The base selected shall be representative of the total ac­tivity of the business unit during the entire cost accounting period.

(2) The allocation of G&A expense to final cost objectives which receive bene­fits significantly different than the bene­fits accruing to other final cost objec­tives shall be determined by special allocation.

(c) Business units which receive al­locations of expense from a home office shall allocate these expenses to the ap­propriate cost objectives of the business unit on a basis reflecting the beneficial or causal relationships between the busi­ness unit cost objectives and the home office expenses.

(d) Notwithstanding any other provi­sions herein, the costs of independent research and development and bidding and proposal efforts shall continue to be allocated pursuant to provisions of exist­ing laws, regulations, and other control­ling factors.§ 410.50 Techniques for application.

(a) G&A expense incurred by one or more business units for another business unit(s) shall be removed from the incur­ring business unit’s or units’ G&A ex­pense. These expenses shall be allocated to the business units for which the ex­penses were incurred on the basis of a beneficial or causal relationship using an allocation base common to all receiving business units.

(b) G&A expenses may be pooled with other expenses for allocation to final cost objectives where the following conditions are met:

(1) The allocation base used for the pool of expenses would be appropriate for the G&A expenses and the other expenses if each were separately allocated; and

(2) Provision is made to identify the components and total of the G&A ex­penses separately from the other ex­penses in the pool.

(c) A cost input base which measures the total activity of a business unit shall be used to allocate G&A expense. The allocation base shall include all elements of cost input necessary to describe the total activity of the business unit. Once the elements of the cost input allocation base have been determined the alloca­tion base shall not be fragmented. A total cost input allocation base generally is an appropriate measure of the total activity of the business unit and shall be used except that—- Value-added cost input shall be used as an allocation base where inclu- sion of material and subcontract costs ^°Uld significantly distort the alloca­

tion of G&A expense in relation to the benefits received, but where costs other than direct labor are significant meas­ures of activity. A value-added cost in­put base is total cost input less materials and subcontract costs.

(2) A single element cost input base, e.g., direct labor dollars, shall be used where it is a better representation of the total activity of the business unit during a cost accounting period than either a total cost input base or a value-added cost input base. A single element base may not produce equitable results where other measures of activity are also sig­nificant in relation to total activity. A single element base will usually be in­appropriate where it is an insignificant part of the total cost of some or all of the final cost objectives which receive an allocation of G&A expense.

(d) (1) Allocations to a segment of the expenses of home office line management of particular segments or groups of seg­ments, residual expenses, and directly allocated expenses related to the overall management and administration of the segment shall be included with the seg­ment’s G&A expense.

(2) Allocations to a segment of the expenses of home office centralized serv­ice functions, staff management of spe­cific activities of segments, and central payments or accruals, where any such expenses are separately allocated and significant in amount, shall be allocated to the segment cost objectives in propor­tion to the beneficial or causal relation­ship between the cost objectives and the expense. Where a beneficial or causal relationship for these types of expenses is not identifiable with segment cost ob­jectives, these expenses may be included in G&A expense.

(e) Where a segment performs home office functions and also performs as an operating segment having a responsi­bility for contracts and other final cost objectives, the expense of the home office functions shall be segregated and allo­cated to all benefiting segments pursuant to disclosed or established accounting practices for the allocation of home office expenses to segments.

(f) Items produced for stock or prod­uct inventory shall be accounted for as final cost objectives in accordance with the f ollowing paragraphs:

(1) Where items are produced for stock or product inventory in a given cost accounting period, the cost input to such items in that period shall be included only once in the computation of the G&A expense allocation base and in the com­putation of the G&A expense allocation rate for that period, and shall not be included in the computation of the base or rate for any other cost accounting period.

(2) G&A expense shall be allocated to items produced for stock or product in­ventory in the cost accounting period or periods in which such items are produced at the rates determined for such periods except where the contractor does not normally include G&A expense in in­ventory as part of the cost of stock or product inventory items. In such circum­

stances, the G&A expense allocation may be made in the subsequent cost account­ing period in which such items are issued to contracts or other final cost objectives, or otherwise used, at the rates deter­mined for that subsequent period.

(g) Where a particular final cost ob­jective in relation to other final cost ob­jectives received significantly different benefit from G&A expense than that which would be reflected by the alloca­tion of such expenses pursuant to para­graph (c) of this section, the Govern-, ment and the contractor may agree to a special allocation from G&A expense to the particular final cost objective com­mensurate with the benefits received. ' The amount of a special allocation to any final cost objective made pursuant to such an agreement shall be excluded from the pool of G&A expense to be allocated pursuant to paragraph (b) of this sec­tion, and the particular final cost objec­tive’s data shall be excluded from the base used to allocate this pool.§ 410.60 Illustrations.

(a) (1) The home office of segment “A” separately allocates the home office expenses of staff management functions relative to manufacturing, engineering, contract administration, the expenses re­flecting the central payment and accrual of health insurance costs and residual expenses to benefiting segments. Seg­ment “A” maintains three indirect cost pools: (i) G&A expense, (ii) manufac­turing overhead, and (iii) engineering overhead. All allocated home office ex­penses are included in the G&A expense pool.

(2) The accounting practices of seg­ment “A” would not be in compliance with the Standard. Home office resid­ual expense would be retained^ in the G&A expense pool. However, expenses of the staff management functions and health insurance are not includable in their entirety in G&A expense under the requirements of this Standard. The ex­penses of the staff management func­tions relative to manufacturing and en­gineering should be included in the

•manufacturing overhead and engineer­ing overhead pools, respectively. The ex­pense of staff management functions rel­ative to contract administration should be included in the cost pool which con­tains contract administration. The health insurance costs should be allo­cated in proportion to the beneficial or causal relationship between cost ob­jectives and these costs.

(b) (1) A business unit maintains three indirect cost pools: (i) G&A ex­pense, (ii) manufacturing overhead, and (iii) engineering overhead. Costs of pen­sion plans for all of the employees of the business unit are charged to G&A ex­pense, which is allocated to final cost objectives on the basis of total cost input. Other labor-related fringe benefit costs are included in the three indirect cost pools for subsequent allocations to final cost objectives. The business unit al­locates manufacturing overhead and en­gineering overhead using direct labor cost bases.

FEDERAL REGISTER, V O L 39, N O . 166— TUESDAY, SEPTEMBER 24, 1974

34302 PROPOSED RULES

(2) Since the costs o f pension plans can be allocated on a more directly trace­able basis than overall benefit, not all of these costs should: be included in the G&A expense pool.

(c) (1) A business unit has been charg­ing the costs of both scientific computer operations and business data processing operations to G&A expense. The scientific computer is used predominantly by en­gineers working on research and de­velopment cost objectives whereas the business data processing operations are directed to general accounting and budgeting activities of the business unit as a whole.

C2) The inclusion of the costs of the scientific computer operation in the G&A expense would not conform to the re­quirements of this Standard. These costs benefit a narrower group of cost objec­tives, research and development, rather than the operation o f the business unit as a whole. As. such, the costs of the scientific computer operation can be al­located to the using work projects on a more directly traceable beneficial or causal relationship and should not be in­cluded in the G&A expense pool.

(d ) (1) Business Unit “A” produces Item Z for stock or product inventory. A production run of these items occurred during the cost accounting period Year 1. A number of units of Item Z were not used during Year 1 and are issued to a Government contract in the next period, Year 2. The cost input of Item Z shall he included in the G&A allocation base for Year 1. Business Unit “A” shall—

<i) allocate a portion of Year 1 G&A expense and inventory this as part of the cost of Item Z, or

Cii> if the contractor does not inven­tory G&A expense as part of the cost of these items, allocate G&A expenses to units of Item Z when they are used, in this case those used in Year 1 will have G&A applied using the G&A rate of Year 1 and those used in Year 2 will have G&A applied using the G&A rate of Year 2,

(2) Business Unit “BM produces Item 2 for stock or product inventory. During Year 2 a production run of these items was started and finished and placed in product inventory. Later during Year 3 the items were taken out of inventory and used on a contract. The cost of these items shall be included in the G&A ex­pense allocation base only one.

(e> Segment “X ” contains a budget­ing function as part of its G&A expenses. This function includes the preparation of budgets for Segment “Y.u The cost of preparing the budgets for Y” should be removed from the pool and transferred to "Y ” before the remaining G&A ex­pense is allocated to the final cost ob­jectives of "X .” Since the costs of the budget preparation function are included in the G&A expense pool when this cost is transferred to Segment **Y,” the cost transferred will not include an allocation o f G&A expense.

(f) The normal productive activity of Business Unit “K” includes the erection of base facilities for others. Business Unit

"K * uses a total cost input base to allo­cate G&A expense to final cost ebjee* tlves. As part of a contract to construct a base facility, Business Unit *K” agrees to accommodate the purchaser by acquir­ing a large, group of trucks and other mobile equipment for use with the base facility. Business Unit *K” does not usu­ally supply such equipment as part of the base facility construction function, and the cost o f the equipment constitutes a significant part of total contract costs. IP this unusual circumstance, the ac­counting practice o f Business Unit “K ” is to exclude the total cost of the con­tract from the computation o f the total cost input base since a significant part of the contract receives substantially less benefit from G&A expense than that which would result from inclusion of the total contract in the cost input base. This practice is permitted by section 410.50(g) of this standard and a special G&A allocation to this contract may be agreed to by the Government and the contractor.§ 410.70 Exemptions.

This standard shall not apply to con­tractors who are subject to the provisions of Federal Management Circular 73-8 (Cost Principles for Educational Institu­tions) or Circular 74-4 (Principles for Determining Costs Applicable to Grants and Contracts with State and Local Governments).§ 410.80 Effective date.

(a) The effective date of this Cost Ac­counting Standard is [Reserved!.

(b> This Cost Accounting Standard shall be followed by each contractor after the start of his next fiscal year beginning after the receipt of a contract to which this Cost Accounting Standard is appli­cable.

A rthur Schoenhaut, Executive Secretary.

[TO Doc.74-22082 Filed 9-23-74;8:45 ami

ENVIRONMENTAL PROTECTION AGENCY

[FRL 265-5][ 40 CFR Part 521

IOWA: APPROVAL OF COMPLIANCE SCHEDULES

Approval and Promulgation of Implementation Plans

On May 31, 1972 (37 FR 10842), pur­suant to section 110 of the Clean Air Act and 40 CFR Part 51, the Administrator approved portions of State plans for im­plementation of the national ambient air quality standards. The State of Iowa submitted to the Environmental Protec­tion Agency compliance schedules to be considered as proposed revisions to the approved plans pursuant to 40 CFR 51.6*, 40 CFR 51.8 requires the Administrator to approve or disapprove compliance schedules submitted by the states. There­fore, the Administrator proposes the ap­proval of the compliance schedules listed below.

The approvable schedules were adopted

by the State and submitted to the En­vironmental Protection Agency after no­tice and public hearings in accordance with the procedural requirements of 40 CFR 51.4 and 51.8 and the substantive requirements o f 48 CFR 51.15 pertaining to eompHartee schedules. The compliance schedules have been reviewed and deter­mined to be consistent with the approved control strategies of Iowa. Each approved revision establishes a new date by which the individual source must comply with the applicable emission limitation in the federally approved State implementation plan. This date is indicated in the table below, under the heading "Final Com­pliance Date/* In all cases, the schedules include incremental steps toward com­pliance with the applicable emission lim­itations. While the tables below do not include these Interim dates, the actual compliance schedules do.

Under Iowa law, the compliance sched­ule is not enforceable after the date on Whfch the associated variance expires and variances cannot extend for more than one year. Therefore, to the extent that the schedules extend past the vari­ance expiration date, they are not legally enforceable at this time. For this reason, EPA*s approval of each compliance schedule will be unconditional only as to that part of the schedule covered by the initial variance. Approval of the re­mainder of the schedule will be condi­tioned upon the State’s renewal of the variance in identical form and substance to that included in the schedule sub­mitted to the Environmental Protection Agency and approved herein. If the vari­ance is renewed in this manner, the con­dition precedent will be satisfied and the approval of the next segment of the schedule would not require further action by the State or this Agency. If the vari­ance is not renewed, or is modified from the version that had been federally ap­proved, the condition will not be fulfilled, the approval of the remainder of the schedule would not be effective, and the State’s immediately-effective regulation would again become federally enforce­able.

Provisional approval o f final .compli­ance dates and extensions of variances is justifiable only because of the one-year variance limitation in the law of Iowa. Since there will be no substantive changes in the schedules set forth below and public hearings were held on the complete schedule, there is no reason to require compliance with 40 CFR 51.6 procedures at the time Iowa renews each variance. The schedules were immedi­ately effective on the date of adoption. An Effective Date is not indicated on the table. The Variance Expiration Date » included instead. .

in the indication of proposed approval of individual compliance schedules, the individual schedules are included by ref­erence only. In addition, since the large numbers of compliance schedules pre­clude setting forth detailed reasons for aproval of individual schedules in the F ederal R egister, an exaluation report has been prepared for each individual

FEDERAL REGISTER, VOL. 39, NO . 186— TÜESDAV, SEPTEMBER 24, T974

PROPOSED RULES 34303

compliance schedule. Copies of these evaluation reports and the compliance schedules proposed to be approved or disapproved are available for public inspection at the Environmental Pro­tection Agency, 1735 Baltimore Avenue, Kansas City, Missouri 64108.

Interested persons may participate in this rulemaking by submitting written comments in triplicate to the Region VII office at the above address. All com­ments submitted within on or before October 24, 1974. Receipt of comments will be acknowledged but substantive re­sponses will not be provided. All com­ments received, as well as copies of the aplicable implementation plans, will be

Source. Location

available for inspection during normal business hours at the Regional Office.(42 U.S.C. 1857C-5)

Dated: August 12,1974.Jerome H. Svore,

Regional Administrator.It is proposed to amend Part 52 of

Chapter I, Title 40 of the Code of Fed­eral Regulations as follows:

Subpart Q— Iowa1. In § 52.825, the table in paragraph

(c) is amended to read as follows:§ 52.825 Compliance schedules.

* * * * *

<C) * * *

Regulation Date Variance Finalinvolved adopted expiration compliance

date date

8SS Gray Iron Casting Corp., cupola. West Burlington.. 4.4(4)— . . . . May 9,1974 Jan. 31,1975Quality Foundry, cupola......... ......... Stockton---------- ---------- dor---------. ...d o ....... ........'---dp— -----Russelloy Foundry, cupola................»Durant..........................do.................. do............... ' . . .d o . . .-----B (a) Cyclone! .......... ....................... . 4S (2 )c....... May 9,1974 Dec. 31,1974

0)) Grain handling____'.■•-----------------‘. ................. — 4.4(7)— , ------------do.........- --------do........Venice Grain Inc______ __________ Council Bluffs.________________ ____________ ___ ____ ______

(a) CTClone.......... . . . . . . . .....................— -................4.3(2)c....... May 9,1974 Aug. 31,1974(b) Grain handling.___________ _____ - ----------------- 4.4(7)--------------...d o .......... . . . . . .d o ----------

Bartlett and Co. Grain!....................Sioux C ity .. . . . - . . - . - - - - - - - - .........- - - - - - - - - - - - - - - - - - - - - - - - - - -(a) Cyclone...... .................-----............ - ____ ______ . 4.3(2)c....... May 9,1974 Dec. 31,1974(b) Grain handing................ ......................... - ......... 4.4(7).............. . . . .d o ^ ....- .....- ..d o . . . . .

Arco Dehydrating Go., alfalfa de- Lake Park..-------- 4.3(2)a— . . — ...do..----------July 1,1975hydrating plant. . , , ■ . TNewton Foundry, cupola.......... .......N ew ton ......--------4.4(4)...------ . . . . . .d o ^ -. . . . . . Jan. 31,1975

Clinton Corn Processing Co., Ray* Clinton___. . . . . . . . 4.4(7)— . . — June 20,1974 Dec. 31,1974inond dryer nos. 3 and 4.

Eawkeye Chemical C o ..------- -------------- do----------------------- -—(a) Neutralizer___...__________________ — 4.3(2)a,

4.3(2)d.(b) Prill tower........ .......L ...---- . . . --------- -------------- 4.3(2)a,

4.3(2)d.(c) Evaporator at prill tower------------------ ~ ----- . . . . 4.3(2)a.

4.3(2)d.Katleman Foundry, Inc., cupola------Council Bluffs..,

Jan. 31,1975 Do.Do.

Dec. 31,1974 Do.

Aug. 31,1974 Do.

Dec. 31,1974 Do.

July 1,1975Jan. 31,1975 Dec. 31,1974

June 20,1974 May 31,1975 May 31,1975

June 20,1974 Mar. 15,1975 . . . . . d o : . . . . . . . Feb. 7,1975

Port Neal.

4.4(4),4.3(2)d.

4.3 (2)a..............do____.. .A p r . 15,19754.4(12)_______ ...d o . Nov. 15,1974

9,1975

Beerman Bros. Dehy, alfalfa dehy drating plant.

American Pop Com Co., teepee Sioux City, burner. • /

John Deere Waterloo Tractor Works, Waterloo..___! . . . 4.3(2)b(2)...------ d o ....-----Mayboilers nos. 6,7 ,8, and 9.

Lehigh Portland Cement C o . . M a s o n City........................ .............. ........... ........—------ ----------(a) Kilns nos. 1,2,3,4,5 , and 6.........: ........................ 4.3(2)a........... June 20,1974 Aug. 15,1974(b) Clinker cooler No. 7.... ............... .................„s.............. d o ....---------- do------- ! . Oct. 10,1975

Mount Pleasant Municipal Utilities, Mount Pleasant 4.3(2)b..— ---- ,-do------. . . Oct. 15,1974boilers Nos. 4 and 5.

The Dexter Co., cupolas.— _______ Fairfield... — . 4.4(4)— ------ -Burget Mills, corn dryer____.__ ____ Altoona_______ . . . 5-23--------------Ankeny Concrete Block, Inc., ce- Ankeny_________ 5-16 (L)----------

ment storage silos.Midwest Concrete Co., cement West Des Moines....__do_______

storage silos.Penn-Dixie Industries, Inc., Clinker . . . . .d o . . . . .___ . . . . 5 -15 .....___ ...

cooler No. 7.Can-Tex Industries, clay pipe plant.. Des Moines__ . . . . 5-23,5-24_______ do_______ -.. .d o .. .___ _J. C. White Concrete Co___________ ____ d o..._____________________ . . . . ______________________ _

(a) Main plant No. 2:

Mar. 15,1975 Feb. 7,1975 Apr. 15,1975 Nov. 15,1974 May 30,1975

..do____ _ Aug. 31,1974

..do___ -____ N otel___ . . .

..do....................do___ . . . .

..do___ ;...... do______.do. .do.

Aug.JuneOct.Aug.Dec.Aug.Jan.Dec.Jan.

15.19741.1975

15.197431.197431.197431.19741.1975

30.19741.1975

3B-16(L)___ June 20,1974 Note 2. . . ___ _ Dec. 31,1974.......do.......... ____do............ ....... do______ Do.

....... do______ .........do._____ Do........ do______ Do.

3B-15........... ___ Do.3B-16(L)___ .......do...___ ______ do.__.......Aug. 15,1975

dryer system.Bt. Regis Paper Co., cement-storage____do.... . . . .silos.Iowa Southern Utilities................ Eddyville.........I......... ! ................’. ........_____________

Boiler No. 2. .................... .................... ............... 4.3(2)b......... June 20,1974 Mar.Boiler No. 3......................... ......... . . . . . . . . . . __________ ..do__________ d o ... . . i . . Apr.

Farmere Mercantile Co., cyclone.......Red Oak................. 4.4(7).............. ... .d o .............Oct.jni“.P Products, Inc., alfalfa dehy- Audubon..._____4.3(2)a______ ...d o ________Maydrating plant.

3.19757.1975

30,19749.1975

Mar. 3,1975 Apr. 7,1975 Oct. 30,1974 May 31,1975

l*~P°}k County Department of Health does not issue variances if source(s) is on an accepted and approved compliance schedule.—t ™ 2;~CHy of Des Moines, Department of Publle Health does not issue variances if source is on an accepted and approved compliance schedule.

[FR Doc.74-21806 Filed 9-23-74;8:45 am]

[FRL 266-1][4 0 CFR Part 5 2 ]

NEVADA: APPROVAL OF COMPLIANCE SCHEDULES

Approval and Promulgation of Implementation Plans

On May 31, 1972 (37 FR 10842), and July 27, 1972 (37 FR 15080), the Admin­istrator approved certain portions of the implementation plan for the State of Nevada for attainment and maintenance of national ambient air quality standards in accordance with section 110 of the Clean Air Act, as amended (42 U.S.C. 1857 et seq.) and 40 CFR Part 56. On February 15, 1973 and August 13, 1973, after notice and public hearing, the Gov­ernor of Nevada submitted to the Envi­ronmental Protection Agency (EPA) re­visions to the compliance schedule por­tion of the approved plan pursuant to 40 CFR 51.6. The approval and disap­proval of these revisions was proposed on November 23,1973 (38 FR 32267), and December 13, 1973 (38 FR 34330). On April 22, 1974 (39 FR 14208), these re­visions were approved, with specific ex­ceptions, pursuant to the provisions of 40 CFR 51.8. The schedule for U.S. Gyp­sum was disapproved because it failed to require that each increment of progress be met or the variance granted the cor­poration would become invalid and sub­ject to immediate enforcement. In the new schedule this deficiency has been corrected.

On February 20, 1974, after notice and public hearing, the Governor of Nevada submitted to the EPA revisions to the compliance schedule of U.S. Gypsum Corporation, one of the sources whose revisions had been disapproved. On April 25, 1974, after notice and public hearing, the Executive Secretary of the Nevada State Environmental Commission sub­mitted to the EPA a revised copy of the Variance Approval for the Baroid Divi­sion of National Lead Industries, Inc., which Approval includes a compliance schedule.

The Administrator has determined that the compliance schedules for the sources listed below are consistent with the re­quirements of section 110 of the Clean Air Act and 40 CFR Part 51 and the schedules are proposed for approval. It is proposed to delete U.S. Gypsum Cor­poration from the table of compliance schedules disapproved, 40 CFR 52.1482(c) (39 FR 14209), and to amend the table of compliance schedules approved, 40 CFR 52.1482(b) (39 FR 14209), by adding U.S. Gypsum Corporation and the Baroid Division of National Lead Industries, Inc.

A copy of the complete implementation plan, including these proposed schedules, is available for inspection at the ad­dresses listed below:(1) Environmental Protection Agency, Re­

gion ix , 100 California St., San Franclsoo,Calif. 94111.

FEDERAL REGISTER, V O L 39, N O . 186— TUESDAY, SEPTEMBER 24, 1974

34304 PROPOSED RULES

(2) Washoe County District Health Depart­ment, Division o f Environmental Protec­tion, 10 Kirman Ave., Reno, Nev. 89502.

(3) Nevada Environmental Commission, 201 South Fall St., Carson City, Nev. 89701.

(42 U.S.C. 1857C-5)

Dated: September 11» 1974.

FEDERAL POWER COMMISSIONF 13 CFR Parts 2 ,154 ]

[Docket No. R-478]NATURAL GAS PRODÜCED FROM WELLS COMMENCED BEFORE JANUARY 1, 1973

Just and Reasonable Rates; Staff Rate Recommendation and Procedures

S e pt e m b e r 12,1974. On May 23, 1973, a notice of rule-

making was issued initiating the above- docketed proceeding.1 To this notice, data collection forms prepared by the Com­mission staff were appended. Interested parties were given an opportunity to file comments as to the sufficiency of these forms. Comments filed pursuant to this notice were reviewed by the Commission staff, and as a result, modifications to the original forms were made by staff. These modified forms were attached to a Commission order issued August 17,1973,a as amended by Commission orders issued cai November 9, 1973. On December 7, 1973, the staff issued a notice reconciling data submitted by the parties to this pro­ceeding ha compliance with the Commis­sion order of November 23,1973.“

The order o f August 17, 1973, inter alia, directed that the respondents,

* 38 FR 14295. 8 38 FR 22898,* 38 FR 33766.

It is proposed to amend Part 52 of Chapter I, Title 40 of the Code of Federal Regulations as follows:

Subpart DD— Nevada1. In § 52.1482(b) the table is amended

by adding the following schedules:§ 52.1482 Compliance schedules.

named in Appendix A thereof, and any interested participants supply cost data for test year 1972. In response to this notice, such data were supplied by large producers of natural gas, pipeline affil­iated companies, and pipelines owning production. Based upon the completed data forms, the staff has completed a rate proposal which is attached hereto.

Notice is hereby given, pursuant to the Administrative Procedure Act, 5 Ü.S.C. 553, et seq. (197Q) * and sections 4, 5, 7, 8, 14, 15, and 16 of the Natural Gas Act, 15 U.S.C. 717, et seq, (1979) ,* that the Commission has determined that the attached Staff rate design proposal and recommendation inclusive of a non-cost factor of 3.5 cents per Mcf to be used for exploration and development purpose and to meet the effects of short-term in­flation should be made a part of the record in this proceeding. All partici­pants to this proceeding are hereby given opportunity to respond to these staff recommendations and to comment thereon.

Employing costing methodology adopted by this Commission in previous

4 60 Stat, 237, 91», 993 (1946); 61 Stat. 37, 201 (1947); 62 Stat. 99 (1948); 80 Stat. 250 (1966).

»52 Stat. 882, 823, 924, 825,829, 830 (1938) ; 56 Stat. 83, 84 (1942); 61 Stat. 459 (1947); 76 Stat. 72 (1972); 15 U.S.C. 717c, 717d, T17f, 717g, 717m, 717n, 717o (1970).

area rate proceedings,® the staff com­puted cost of service studies from these data which are set forth fn the Staff recommendation. As in previous area rate opinions, these studies exclude gas production costs of pipeline owned pro­duction. The rationale for this approach is that Commission adopted pipeline ac­counting methods are not compatible with accounting practices of producers. Inclusion of pipeline production costs would increase the staff’s recommended rate for flowing gas by approximately one cent per Mcf.

In undertaking this proposed rule- making to consider a nationwide rate for gas produced from wells commenced before January 1, 1973, this Commission onee again acknowledged its concern and awareness of this nation’s s h r in k in g en­ergy base and the need to develop addi­tional supplies of natural gas. Published data indicate a decrease in potential and available natural gas supplies. The Potential Gas Committee’s latest report shows little change in the total esti­mated potential supply of natural gas in the United States.1 The American Petroleum Institute reported that proven crude oil and liquid hydrocarbon re­serves at the end of 1973 decreased by 1.3 billion barrels, or 3.2 percent betow proven crude oil and liquid hydrocarbon reserves at the end of 1972.® During 1973 total proven gas reserves of the lower 48 states declined to 218.3 Tcf at year mid, the lowest level in twenty years. Last year was the sixth consecutive year in which production of natural gas ex­ceeded reserve additions.

In this period when the supply of nat­ural gas continues a long-term, critical decline* total domestic energy require­ments concomitantly continue to in­crease. On March 13, 1974, U.S. Depart­ment of the Interior statistical complica­tions were released that showed that demand for energy increased by 4.8 per­cent in 1973, a slight decrease from a 5 percent increase in 1972.

As a consequence of increasing domes­tic demand for energy and declining re­source availability with which to meet this nation’s energy requirements* im­portation of fuels increased by one-third over 1972. Last year this nation was forced to import Id percent of its energy supplies.

Revenues from currently producing wells must bear part of the burden of financing * increased gas exploration and development as well as to provide for

6 See Permain Basin Area Rate Cases, 390 U JS.47 .

8 Potential Supply o f Natural Gas to the United States as o f December 31, 1972, dated November 1,1973.

■ Reserves o f Crude Oil, Natural Gas Liquids, and Natural Gas in the United States and Canada, and United States Pro­ductive Capacity as of December 31, 1973. Issued June 1974.

►Placid Oil C o , et al. v. F.P.C., 483 F9<* 880, 899 (5th Cir. 1973).

R. L. O ’Conn ell , * * * * *Acting Regional Administrator. (b) * * *

Source LocationRegulation

involvedDate of adoption

Effectivedate

Finalcompliance

date

B A Gypsum Cerp_. . . . . Jan. 30,1974

... Jan. 27,1973

Immediately--

----.dO—__—

May 30,1975

Jan. 1,1975Barold Division National Lead Industries, Inc.

BattleMountain.

< 040.005, f 040.010, 1040.020.

Article.4____ ____

2. In 152.1482(c) the table is revised to read as follows: § 52.1482 Compliance schedules.

*<C) * * *

* • * * ♦ \ ♦

Source. Location Regulation involved Date of adoption

Jack N. Tedlbrd, Inc Basic, Inc__________Duval C orp.............

. Not given___________

. Article 4____________Article 7 ..................

. Aug. 14,1972

. Feb. 13,1973

. June 26,1971

. Feb. 13,1973 t Jan. 11,1973. July 17,1973

Mohave Generating Edison Co.

Station, Southern California Laughlin............. '___ . Clark County, Section W.

Section 28___________

(F R Doc.74-21807 F iled 9-33r-74;8:45 am ]

FEDERAL REGISTER, V O L 3 » . N O . l t d — TUESDAY, SEPTEMBER 24, 1974

PROPOSED RULES 34305

increasing costs of operation. Additional sources of natural gas must be secured if the consumer is to be provided reliable, long-run service of gas.

Hence, the staff of the Commission has developed a rate design proposal for flowing gas which is set forth below. This proposal, inter alia, recommends the following:

1. A nationwide just and reasonable rate of 24.5 cents per Mcf, exclusive of state production taxes, measured at 14.73 psia and 60 °F., subject to contractual Btu adjustment, for gas produced from wells commenced prior to January 1, 1973, except in instances where the Com­mission has previously found higher rates to be just and reasonable be adopted. -

2. The 24.5 cents per Mcf rate would be subject to downward adjustment for deliveries made closer to the wellhead than a central point in the field; the tailgate of a processing plant; and off­shore platform to the buyer’s pipeline, or a point on the buyer’s pipeline.

3. The recommended 24.5 cents rate is inclusive of a 3.5 cents per Mcf incen­tive increment for inftreased exploration and development, non-cost factors, and short term inflation.

4. Retention of the special relief pro­visions of §§ 2.76 w and 2.7711 of the Com­mission’s rules of practice and procedure and the “Out-of-Pocket Cost” concept of special relief set forth in the Commission area rate opinions are recommended.

5. Refund of all monies collected sub­ject to refund above the recommended rate levels or the last firm rate is pro­posed.

6. A minimum rate of 15.0 cents per Mcf is recommended regardless of con­tract terms.

Supporting data, consisting of a cost of service for a 1972 test year, allocation of production and exploration and de­velopment costs to flowing gas, state and local severance and production taxes as of May 1,1973, and a recommended rate of return, are attached as appendices18 to the rate design proposal, '

We have concluded that the data con­tained in the Staff proposal and that the data and information contained in the comments of the parties to be submitted m response thereto may be material to the Commission’s resolution of the issues |n this proceeding. It is concluded that the public interest requires that all par­ticipants to this proceeding be given an opportunity to comment upon the Staff Proposal..Further, the public interest requires that the attached Staff proposal be made a r i of reco?'ti to this proceeding and that all participants to this pro­ceeding be given an opportunity to com­ment upon it in accordance with the procedures set forth herein.

The Commission would be aided im- S ^ SUrMb.1Y 111 the performance of its

Ponsibilities in this proceeding if in-

u 18 CFB 8.76.11 18 CFR 2.77.

com i t y 1068 died as part of the original

teres ted participants would direct their attention to the assumptions underlying the Staff’s recommendations as well as commenting upon the specific recom­mendations made.

The Commission believes that it should reevaluate its traditional approach to flowing-gas ratemaking. Do Permian I methods suit today’s realities? If not, what ratemaking alternative theory is proper and upon what factual founda­tion will it stand? Participants in this proceeding, by the submission of evi­dence, comments and cross-comments, will assist the Commission in making its ultimate response to these questions.

It is also in the public interest that procedures for the filing of comments and cross-comments be established herein. Initial written comments pertain­ing to this notice and the attached Staff proposal are to be filed on or before October 25, 1974. Responses to the ini­tial written comments are to be filed on or before November 25, 1974.

Comments and replies thereto are to be filed with the Secretary of the Fed­eral Power Commission, 825 North Capi­tol Street NE., Washington, D.C. 20426. The initial comments and replies thereto shall state the name, title, mailing ad­dress, and telephone number of the per­son or persons to whom communications concerning this matter should be ad­dressed. An original and fourteen (14) conformed copies of the comments and replies thereto shall be filed with the Secretary of the Commission, and copies of the initial comments and replies thereto shall be served upon all persons who are participants to this proceeding.

All comments and replies thereto filed in response to this notice shall be under oath, acknowledged by a notary public or comparable official, as follows:

--------------------------- being duly sworn, deposes(Name)

and says that he Is (title and organization. If filing is in a representative capacity), that he is authorized to verify and file this document, that he has examined the state­ments contained in the initial comments or replies thereto, and that all such statements are true and correct to the best o f his knowl­edge, information, and belief.The persons preparing the written com­ments and replies thereto shall submit such filings on letter-size paper (8 " by 10Vz” or 8 Y2 " by 11") in accordance with the rules of practice and procedure of the Federal Power Commission.13

All comments and replies thereto will be available to the public for inspection in the Commission’s Office of Public In­formation. The Commission will consider all such written submittals before issu­ing an order in this proceeding.

The Secretary of the Commission shall cause prompt publication of this notice and the attached Staff rate design pro­posal in the F ederal R e g iste r and shall serve this notice upon all participants to this proceeding.

By Direction of the Commission.Kenneth F . P l t j m b ,

Secretary.

“ 18 CFR 1.1 et seq.

Note: Appendices A-D and Exhibit A filed as part o f the original document.

R e c o m m e n d a t io n s o f F ederal P o w e r C o m m is s io n Staff

S U M M A R YPursuant to this notice o f proposed rule-

making, Staff submits its proposed rate rec­ommendations which consist o f a single nationwide base rate of 24.5#/M cf1 @ 14.73 psla applicable to sales from all wells com ­menced prior to January 1, 1973, In the lower 48 states except where higher rates have previously been found to be just and reason­able. Producers holding small producer cer­tificates would be exempt from these regulations.

Staff has carefully reviewed and applied the guidelines and principles necessary to determine a Just and reasonable flowing gas rate as set forth In both Commission and Court approved area rate related opinions and orders. Staff's recommendations have given ponsideratlon to the nation's energy shortage and the need for a rate level which Is just and reasonable to both producer and consumer.

The recommended celling rate o f 24.5#/ M cf at 14.73 psla would be adjusted where applicable for Btu content, gas quality, de­livery point, state production or severance taxes and state pressure bases.2 Producers would not be allowed to file for rates above the prescribed ceilings except under petitions for special relief. The rates would remain in effect indefinitely, subject to periodic review and such appropriate prospective adjustment as may be necessary.

We recommend that the Commission Im­pose a minimum rate o f 15# per Mcf for pro­ducer sales contracts.

We are cognizant o f the fact that certain producers may be collecting rates found to be just and reasonable for gas from wells drilled prior to January 1973 which are in excess o f our recommended nationwide rate. In these circumstances, Staff recommends that such sales continue under the rates found just and reasonable In the prior pro­ceedings.

A national gas quality standard Is proposed to be established as a guide In evaluating the quality o f gas produced In the various areas o f the country. In our rate design we have added an increment for treating cost Incur­rence to raise the national average cost o f gas to the recommended nationwide pipeline quality standard. Price deductions for gas o f substandard quality would be made on the basis o f actual costs incurred by the pur­chaser in bringing the gas up to the national standard.

Staff, in arriving at its rate recommenda­tions, has considered both cost and non-cost factors to achieve its objective of increasing exploration and development in the future consistent with a reasonable rate.

As a point o f departure, Staff calculated a current flowing gas cost before production taxes of 20.10#/Mcf using the data furnished by the respondents in answer to the Com­mission’s questionnaire and following ap-

1 This figure would be subject to possible minor upward or downward revision upon completion o f gas quality improvement cost studies.

* Appendix C (filed as part o f original doc­ument) sets forth state and local severance and Production taxes on Natural Gas and Applicable pressuré bases.

FEDERAL REGISTER, VOL. 39, N O . 186— TUESDAY, SEPTEMBER 24, 1974

31306 PROPOSED RULES

proved historical costing procedures* In order to allow for any possible imprecision in the costing techniques, Staff has rounded this figure upward to 20.5^/Mcf. To the cost ■:ase, Staff has added an increment for pipe- l'ne incurred treating costs of 0.5^/Mcf * to

ring substanard quality gas up to the na­tional quality standard.

The Commission in Opinion No. 662 (Per­il dan II ), added to its flowing gas cost base an additional 3.5^/Mcf as an increment to provide internally generated funds to en­courage additional exploration and develop­ment and to provide for other non-cost contingencies. Staff recommends a similar incremental incentive o f 3.54 to the national cost base to provide funds for increased E and D, cover non-cost factors and inflation­ary considerations prior to the proposed rate review. This resultant rate, when combined with the just and reasonable nationwide new gas rate as determined in Docket No. B— 389-B, should provide a substantial stimulus to increased gas exploration and drilling by enhancing the financial ability o f the in­dustry to provide this service.

Flowing gas cost. Pursuant to the notice of rulemaking in Docket No. B-478, issued on August 17, 1973, cost data were supplied for test year 1972 by large producers, pipeline affiliated companies and pipelines owning production. The composite cost o f service studies prepared from these data are set forth in Appendix A.8 These studies follow costing methodology adopted by the Com­mission and approved by the Courts in con­nection with Area Bate Proceedings. These studies, which include a 15 percent rate of return, were used to develop the gas well gas unit cost studies discussed below and in attached Appendix B. This cost base is the cornerstone underlying Staff’s recommended nationwide flowing gas ceiling rate.

These cost o f service studies contain data from a total o f one hundred and twelve (112) companies producing over 16,000,000 MMcf of gas in 1972, including sixty-eight (68) large independent producers producing approxi­mately 14,000,000 MMcf, fourteen (14) pipe­line affiliates producing approximately 1,000,000 MMcf, and 30 pipeline producers producing approximately 1,000,000 MMcf. When adjusted upward to include an as­sumed one-eighth royalty interest, the total production reported by the 112 companies accounts for 73.6 percent o f the total 1972 production reported by the Mineral In ­dustry Surveys, U.S. Department o f Interior, Bureau o f Mines.

Unit gas well gas cost. The attached Ap­pendix B describes in detail the allocation o f cost o f service reported in Appendix A between non-associated gas and liquids to develop a nationwide unit cost o f gas well gas. Two studies were prepared by the Staff. The first study utilized a composite o f the Individual cost data submitted by the 68 large independent producers and the 14 pipe­line affiliated companies; the second study utilized a composite o f cost data submitted by producers, pipeline affiliates and pipelines.

Rate schedule analysis and gas quality data. Bate schedule analysis and gas quality

* Flowing gas costs as adopted by the Commission in the various area rate proceed­ings have always excluded gas production costs o f pipeline owned production on the grounds that accounting methods usqd by pipelines are not compatible with those of independent producers and pipeline affili­ated producers. Inclusion of the pipelines’ production cost would raise flowing gas cost by an additional cent per Mcf.

* See Note 1, supra.6 Appendices filed as part o f the original

document.

data filed in this proceeding are available to all parties in the public files o f the Com­mission.

The national gas quality and delivery point standard and pipeline incurred treating cost utilized in the Staff rate design recommenda­tion are based on a preliminary review and random sample o f the filed information. It is Staff’s opinion that the final compilation of the data will not have any significant effect on its rate design conclusions.

SUPPLY AND DEMAND

Introduction. The nationwide situation with respect to the supply and demand for natural gas has been discussed in great detail in many recent reports and official pro­nouncements of the Commission. These have been reviewed and given careful considera­tion by the Staff in reaching its conclusions o f the appropriate design for its nationwide flowing gas rate.

In addition, the Staff has studied the sta­tistical data from various published sources which have become available since the re­lease o f the documents mentioned above.

R ecent supply trends. During 1973 the total proven gas reserves o f the lower 48 states continued to decline and were 218.3 T cf at year-end, their lowest level since 1954. This was the sixth consecutive year that production, which increased slightly to 22.5 Tcf, exceeded reserve additions. The reported new additions to reserves of 6.5 T cf were the lowest since the American Gas Association began publishing reports in 1946. The re­serves to production ratio (B /P ratio) drooped again from 10.5 in 1972 to 9.7 in 1973.

Beserves owned or controlled by inter­state pipelines, as reported in FPC Form 15 and Form 15-A, also have continued to de­cline reaching a low o f 146.9 T cf in 1972. The volume o f production renorted in Form 15 leveled off in 1970 and has re­mained at approximately 14.2 T cf through 1972. New supply additions continued to decline. The B /P ratio of gas committed to interstate markets dropped to 10.3 in 1972.

The American Petroleum Institute (API) on March 28, 1974, reported that proven crude oil and liquid hydrocarbon reserves at the end of 1973 were 41.7 billion barrels, a decrease o f 1.3 billion barrels or 3.2% be­low 1972.

Energy dem and. Statistics released by the Interior Department on March 13, 1974, show that the total U.S. energy demand Increased 4.8% in 1973 which was only slightly less than the 5% rise in 1972.

Demand for natural gas increased by 1.9%. Coal, other than anthracite, showed an in­crease in demand o f 8.9% while the de­mand for crude petroleum went up 6.1%. The domestic production o f both coal and crude oil declined during 1973, with natural gas being the only domestic fuel showing an Increase in production. The increased energy demand was met through Increased imports o f crude oil, petroleum products, and natural gaS; a slight increase in domes­tic natural gas production, and a draw down o f stocks.

Imported fuels represented 16% o f total energy consumption, an increase o f 83.1% over 1972. Crude oil imports in 1973 totalled 1.2 billion barrels. This was a 45.3% in­crease over 1972. Imports o f refined petro­leum products which totalled 1.1 billion barrels were up 15.8% over 1972 while nat­ural gas imports (1 T cf) increased only 1%.

Interior reported that 1973 natural gas marketed production reached 22.6 Tcf, an Increase of 0.5% over 1972. The only con­suming sector showing a decrease in nat­ural gas use was the electric generating mar­ket (down 4.5 % ). By far the largest increase in the use of natural gas (7.0%) was its

use as a raw material for the petrochemical industry.

While total consumption o f natural gas increased, the sales by major interstate pipe­lines decreased by 4.9%—from 13.6 Tcf to 12.9 Tcf. The biggest percentage drop was in direct sales to ultimate consumers which fell nearly 11% (FPC press release 3/4/74).

Interior also reported 1973 domestic crude oil production decreased to 3,200 million Bbls. a decrease o f 2.8% from 1972. The de­mand for most refinery products increased in 1972 with the demand for gasoline up 4.3%. Only fuels connected with the avia­tion industry showed any marked decrease.

Trends in drilling. The overall trend in drilling in 1973 for the U.S. was down 2.6% from 1972. The year 1973 saw a continuation o f the upward trend in gas well drilling which started in 1972; oil drilling on the other hand continued its downward trend. The 1973 an­nual drilling statistics, released on March 28, 1974, by the American Petroleum Institute, show a 49.8% increase in exploratory gas wells, a 26.8% increase In developmental gas wells and a 29.6% increase in total gas wells drilled during 1973 compared with 1972. On the other hand total oil wells drilled de­creased by 12.4%. With this increasing effort on gas well drilling there was a 6.8% de­crease in dry holes drilled.

The reported number of wells drilled on the various categories are tabulated below.N u m be r of W ells D rilled in T h e U nited States

1972 1973Percent change in 1973

Exploratory wells:Gas w ells.................Oil wells................. .Dry holes.................

....... 601

....... 684

....... 6,254900619

5,94749.8(9.5)(4.9)

TotaL.................... ....... 7,539 7,466 wDevelopment wells:,

Gas w ells.................Oil wells. ..................Dry holes................. .

....... 4,327

.......10,622

....... 4,8035,4859,2834,358

. 26.8 (12.6) (8.7)

Total..................... .____19,752 19,126 (3.2)

Total wells:1Gas wells.................Oil wells__________Dry holes................

____ 4,928.......11,306.......11,057

6,3859,902

10,30529.«(12.4)(6.8)

Total..... ................ ....... 27,291 26,592 (2.6)

1 Excludes service wells, and stratigraphic and core tests.

Possible improvement in the supply of new gas has been signaled by the increase in gas-well drilling activity during 1972 and 1973 and the expanded Federal offshore lease sales. The initial emphasis o f this extended drilling has been in low risk, low productivity wells in the older more extensively developed areas. It is apparent that the new reserves that have been developed to date as a result o f the increased gas well drilling have either not been fully reported or have not been suf­ficient to prevent a continued decline of the nation’s gas supply.

A precise quantifiable relationship between gas price and the level and location of gas well gas drilling activity is not possible. The rate for new gas in Docket No. Br-389-B gives consideration to future cost and non­cost factors which will provide an adequate Incentive to drill in all areas of the country having potential gas reserves. The choice o areas where future drilling occurs should re­main with Industry management. The Pr°" ducer is the one who knows his best pro«" pects and the risks involved in these pro«" pects. It is also logical for the producers to drill first the prospects hatring smallest de-

FEDERAL REGISTER, V O L 39, N O . 186— TUESDAY, SEPTEMBER 24, 1974

PROPOSED RULES 34307

eree of risk especially tf cap ital is lim ited. The current critical shortages o f tubu lar eteel, drilling rigs and d rillin g crews, also bas discouraged Investm ent in the m ore risky prospects. I f these shortages continue, revenue obtained from the sale o f flow ing gas may be attracted to investm ents outside the oil and gas business. T o allow th e additional revenue over cost provided by th e Staff’s 3.5(i/Mcf incentive increm ent in th e flow ing gas rate design to flow into other Investm ents would be contrary to the p u b lic Interest. T he Incentive increm ent in Staff’s rate design is to provide fu nds to encourage the search for gas. Future review o f the rates established in this proceeding should carefully study any undesirable trends in th is regard. Ac­cordingly. Staff recom m ends that all parties including Staff, be directed to com m ent on methods whereby the incentive increm ent will be directed toward additional explora­tion and developm ent and in stitu tion o f a reporting basis to m onitor the expenditure of revenues derived from the Incentive incre­ment. . .

Potential gas supply. The latest report o f the Potential Gas C om m ittee issued in No­vember 1973* shows little change in th e total estimated potential supply o f natural gas in the United States. T he report shows some major changes in the estim ated p oten ­tial reserves in the various subareas included in the total for the U nited States. These subarea changes in estim ated potentia l re­serves would have a bearing in designing individual area rates; however, because the consideration in Docket No. R -478, is the determination o f a single nationw ide rate, the importance o f these ad justm ents is n o t too significant.

RATE DESIGN

General. Staff recom m ends a single nation­wide ceiling base rate o f 24.50<*/Mcf, except in instances where the Com m ission has pre­viously found higher rates to be ju st and teasonable in other proceedings, (see C ol- t$nn (b) o f Table I w hich follow s this sec­tion of the report). These rates should be sirfflcient to prevent prem ature abandon­ment of many existing wells and provide monies for increased gas exploration and development, thereby hop efu lly providing adequate gas reserves to m aintain the cu r­rent level o f gas service. Staff considered both cost and n on -cost factors. T he rates will cover incurred cost, provide an adequate return, provide additional revenues for drilling and exploration, provide a con ­sideration for non -cost factors, and a hedge against short te rm . inflation u n til national flowing gas prices are again reviewed by the Commission.

The Staff’s nationw ide ceiling price fo r flowing gas was derived by taking th e aver­age flowing gas well gas cost for independent producers and pipeline affiliates, includ ing a 15 percent rate o f return (see Appendix B ) , and adding thereto an Increm ent to bring the gas up to pipeline quality. Staff w ould also add a 3.5«/M cf incentive increm ent, as the Commission did in its O pinion No. 662. Staff believes that the 24.5<VMcf nationw ide flowing gas rate will provide additional in - trenally generated capital and result in in ­creased leasing, exploration and drilling activity.

^*PotentlM Supply o f Natural Gas in the united states as o f Decem ber 31, 1972, dated November 1973.

Staff considers th at th e 24 .5#/M cf rate is at a level sufficient to cover actual expenses, prevent prem ature abandonm ent o f m any p roducing properties, pay fo r rem edial work, and provide capital fo r gas exploration and developm ent.

W e recognize th at there m ay be certain sales th at w ou ld warrant special relief from our proposed nationw ide rates. Staff recom ­m ends th at producers be allowed to file for special relief from our proposed rates under th e provisions o f Section 2.76 (Order No. 481) and 2.77 (Order No. 482) o f the Com m is­sion ’s R ules and also in instances where the rates herein provide revenue insufficient to cover the cash “ ou t -o f-p o ck e t” expenses o f a sale.

Table II shows th e com parison o f Staff proposed rates (C olu m n c ) adjusted to in ­clude current taxes, w ith te area rates prior to January 1, 1973, (C olum n a and b ) that w ou ld be superseded. In areas where the Just and reasonable area rate is h igher than th e proposed nationw ide rate, (Perm ian Basin Offshore Federal D om ain and the Ap­palachian B asin ), the area rate w ou ld re­m ain effective.

T able I.—Nationwide F lowing Gas Well Gas C eiling R ate Determination (at 15 Percent R ate or R eturn) (F igures Shown at 14.73 Psia)

(a) (b)Line CentsNo. Description per

Mcf*

1 Production costs:2 Cash expenses____________________ * 2.273 D D & A .................. *3.814 R eturn.....___. . . . . ______ *5.555 E & D costs:6 Expense____ ____________ *5.957 Return.._________ ____________ ... . *2.428 Regulatory expenses__________________ *.109 P/L incurred treating costs........... . , ...... '.50

10 Total cost, less production tax____ 20.6011 Total cost round to next 1/2 cent. . 21.0012 Additional E & D funds.................. ....... 4 3.5013 Proposed nationwide base ceiling

rate excluding applicable pro­duction taxes....... ............... . 24.5

1 Independent producers and pipeline affiliates.* Taken from column (b), “ Summary of Results”

appendix B.* Tïiken from page 4 of “ Discussion,” Appendix A.4 Additional revenue allowance provided by the Com­

mission in opinion No. 662.

T able II.—Comparison of staff proposed nationwide rate adjusted for local taxes with existing area ceiling rates as o July 1; 1874 (rates at 11,-73 per square inch absolutes)

[In cents per Mcf]

AreaCurrent rates under area rate Staff proposed

orders1 flowing gas------ ------------------------------------—■ rate, docketFlowing gas New gas No. R-478

(a) (b> (c)

Permian Basin:Texas_____ ______________________New Mexico_________ ____________

Texas Gulf Coast..___•-_________ _____Southern Louisiana:

Onshore______ ___ __________ ____Offshore_________ ________________

Other Southwest:Other Oklahoma.......... ..................Texas RR district No. 9 ........... .......Texas RR district No. 5....................Texas RR district No. 6....................Northern Louisiana............. .■............Southern Arkansas.................... - . . . .Northern Arkansas______. ________Mississippi............... ........................Alabama......... ..................................

Hugoton Anadarko:Panhandle and Hugoton fields:

Kansas______________________Oklahoma...______ __________T ex a s ........_________________

Other fields:Kansas______ s..._____________Oklahoma.... ................................Texas..........................- ............

Appalaehian-Illinois Basins:Appalachian Basin—North Subarea:

New York................ , ................Pennsylvania..-....... ....................Northern Ohio..... ........................

Appalachian Basin—South Subarea:West Virginia.._____ . . . ________Maryland....................................Virginia....... ......... .....................Southern Ohio.................. ..........Eastern Kentucky............... .......

Illinois Basin:Illinois...-._________ __________Western Kentucky___________ _Gibson County, Ind_______ .. . .

Rocky Mountain:Aneth Field—U ta h ......:....______San Juan Basin:

New Mexico__________________Colorado_______ ____ _________

Uninta-Green River Basin:Utah....... . . — . . . ........... ...........Colorado...... ...................... .........Wyoming....:.________________

Colorado-Julesburg Basin:Colorado.....................................Nebraska......'_______________Wyoming___ _____________ ____

23.13 35.19 *26.486523.38 35.59 »25.449320.11 25.14 26.486526.46 29.52 31.362621.45 25.49 *24.500020.52 24.89 26.394420.81 25.14 26.4865

24.63 26.486520.21 24.63 26.486525.21 29.52 31.362619.36 23.63 24.851919.91 24.13 24.851920.59 25.49 26.063820.59 25.49 26.0638

13.59 20.12 24.547814.55 21.44 26.394414.58 21.62 26.486518.61 20.12 24.547819.91 21.44 26.394420.11 21.62 . 26.4865

30.75 32.75 *30.7530.75 32.75 * 30.7530.75 32.75 *30.7529.0 30.75 «29.029.0 30.75 «29.029.0 30.75 «29.029.0 30.75 « 29.029.0 30.75 *29.023.5 23.5 24.500

■ 23.5 23.5 24.50023.5 23.5 24.74724.4898 23.0582 25.0024.9714 23.5288 25.491624.8705 23.5288 25.388624.4898 23.2837 25.000024.8705 23.2837 25.388624.7423 23.2837 25.257724.8705 23.0386 25.388624.5399 23.0386 25.051124.7423 23.0388 25.2577

FEDERAL REGISTER, VOL. 39, N O . 186— TUESDAY, SEPTEMBER 24, 1974

34308 PROPOSED RULES

T able II.—Comparison of staff proposed nationwide rate adjusted for local taxes wUh existing area celling rates as of July l, J97l (rates at 14.73 per square inch absolutes)—Continued

[In cents per Mcf]

AreaCurrent rates under area rate

' orders1Flowing gas

(a)New gas

<b)

Staff proposed flowing gas rate, docket No. R-478

(0

Montana-W yoming : M ontana........Wyoming-—___

Montana-Dakota:Montana___.. . . .North Dakota... South Dakota..,

24.0500 22.3033 24.550024.7423 22.3033 25.257724.0500 23.0386 24.550025.2632 23.0386 25.789524.000 23.0386 24.5000

i The dividing date between “ flowing” and “ new” gas vintages is Oct. 1,1968, under all area rate orders except for the following: (1) Hugoton-Anadarko Area-the dividing date is Nov. 1, 1969. (2) Appalachian and Illinois Basin Areas—the dividing date is Oct. 7,1969. , ,

i For contracts dated on or after Oct. 1,1968, the rate is 35.19 cents per Mcf.* For contracts dated on or after Oct. 1,1968, .the rate is 35.59 cents per Mcf.* For contracts dated on or after Oct. 1,1968, the rate is 25.49 cents per Mcf.* The rate for sales under contracts dated on or after Oct. 8,1969 is 32.75 cents per Mcf. «* The rate for sales under eontracts dated on or after Oct. 8,1969 is 30.75 cents per Mcf.

N ational gas quality standards. In con ­ju n ction w ith the recom m ended single n a ­tionw ide flow ing gas ceiling rate, nationw ide gas qu ality standards are recom m ended. Our recom m ended rate has been ad justed upward to include im p ro v e m e n tco sts necessary to bring the gas up to p ipeline qu ality stand­ards. From a prelim inary review o f the rate schedule analysis and gas qu ality in form a­tion fu rn ished in th is proceeding b y the m ajor gas producers, th e Staff tentatively recom m ends the fo llow in g nationw ide gas qu ality standards:

a. C arbon D ioxide: P ipeline quality gas shall con ta in n ot m ore than 3 percent carbon dioxide by volum e.

b . H ydrogen Su lph ide: P ipeline quality gas shall con ta in n o t m ore than 10 grains o f hydrogen su lphide per M cf o f natural gas at14.73 psia and 60° F.

c. T ota l S ulphu r: P ipeline qu ality gas shall con ta in n o t m ore than 200 grains o f to ta l su lphur per M cf o f natural gas wt14.73 psia and 60° F.

d. W ater: P ipeline quality gas shall c on ­ta in n o t m ore th an .007 pou n d o f HaO per M cf o f natural gas a t 14.73 psia.

e. O ther Im purities: Pipeline, qu ality gas shall conta in n o oxygen, dirt, dust, gum , or oth er im purity in sufficient am ounts to re­qu ire the buyer to incur processing cost to elim inate su ch im purities in order for the gas to m eet either custom ary com m ercial stand ­ards or the custom ary requirem ents o f any o f the interstate pipelines in the area.

f . Pressure: P ipeline quality gas shall be delivered at a pressure sufficient to enter bu yer’s pipeline.

g. B tu A d justm ent: T he standard w ill be1.000 B tu ’s per cu b ic fo o t o f gas, saturated w ith water vapor, at 60° F and 14.73 psia. F or gas w ith m ore th an 1,000 B tu ’s per cu b ic foo t , upward ad justm ents shall be m ade on a proportional basis from a base o f1.000 B tu ’s. For gas w ith less than 1,000 B tu ’s per cu b ic foo t, dow nw ard adjustm ents shall be m ade on a proportion al basis from a base o f 1,000 B tu ’s.

In establish ing these standards, Staff rec­ognizes th at n o t all gas has to be processed to these standards. Gas o f superior qu ality is blended w ith gas o f in ferior qu ality and in su ch case no additional costs are incurred by the pipeline in the conversion o f gas o f in ferior qu ality t o m arketable conditions. Therefore, Staff recom m ends th at ad ju st­m ents to the ceilings fo r sub-standard gas shall be applied on ly to contracts where the purchaser incurs additional cost to bring gas to m arketable conditions.

R efunds. M onies collected su b ject to re­fu n d in excess o f the rate levels proposed herein or th e last firm rate, w hichever Is higher, should be refunded.

P rod uction taxes. The applicable n a tion ­wide rate shall be ad justed upward or dow n­ward to reflect 100% o f any change in State or Federal production , severance, gathering or sim ilar taxes.

G athering allowance. The cost in form ation supplied by the producers in con n ection w ith th is proceeding includes off-lease gathering investm ent and expenses (see F ootn ote 3, to Schedule No. 1 and 2 o f the “ C ontinental U nited States Cost and Operational Data,” Questionnaire, issued A ugust 17, 1973, in D ocket No. R -4 7 8 ). In previous cost ques­tionnaire o f th is type issued in con n ection w ith area rate proceedings th is off-lease gath ­ering cost in form ation was either obtained o n a separate schedule, included w ith R e­lated Producing Facilities, or n ot included. Therefore n o additional cost increm ent need be added to the nationw ide flow ing gas cost as show n in Table I, Page 11, to ad just the flow ing gas cost to a standard delivery poin t. T h e cost o f gathering to a central p o in t is thus included in the base cost data.

A prelim inary review o f gap delivery p o in t in form ation reported by the producers in th is proceeding indicates th at the predom i­nate delivery p o in t fo r ju risd ictiona l gas in the U nited S tates is a central p o in t in the field or the tailgate o f a p lant. The Com m is­sion, fo r ratem aking purposes, has considered these delivery poin ts as equivalent in the various area rate proceedings.

The C om m ission in O pinion No. 595 (Texas G u lf C oast) and O pin ion No. 598 (Southern Louisiana) fou n d th at the celling rate for gas sold a t the w ellhead sh ou ld be lower by 0 .4^/M cf and 0 . 5 /M c f respectively th an for gas sold at th e central delivery points. Staff recom m ends th at the nationw ide flow ing gas rate be reduced by 0 .51 /M cf fo r gas being sold at p oints closer to the wellhead than a central p o in t in th e field or a tailgate o f a p lant.

In area rate O pinion No. 586 (H ugoton - A nadarko) and O pin ion No. 662 (Perm ian II) th e C om m ission established a procedure whereby th e producer ’s rate cou ld be ad justed upw ard by an additiona l defined am ount where the seller cou ld show th at substantial off-lease gathering was being perform ed. T he cost data collected in th is proceeding includes su ch producer incurred off-lease gathering costs. Therefore, Staff does n o t recom m end a fixed additional increm ental ad ju stm en t fo r substantial off-lease gathering b e added to the nationw ide flow ing gas ceiling rate. In ­stead Staff recom m ends th a t producers be afforded the op portu n ity to show special cir ­cum stances where they believe unusually ex ­tensive off-lease gathering warrants special consideration .

M inim um rates. W e recom m end for these proceedings a m inim um rate o f 15j per M cf.

R ate sch edule analysis form s. The rate schedule analysis and gas qu ality data filed as Schedule No. 5 o f th e data request in this proceedings sh ou ld be part o f the perma­n en t data available to th e Com m ission for its use in subsequent reviews o f the rates estab­lished in th is proceeding. T o be o f use, the data w ill require continua l updating, staff therefore, recom m ends th at all producers m aking filings under th e large producer filing procedures o f the Com m ission’s Reg­u lation s be required to su bm it a rate sched­u le analysis Form 459 as part o f each ini­tial rate or certificate filing m ade with the C om m ission and an updated Form 459 as part o f each rate change filing.

C on tin gen t esca lation o f area rates. Pro­ducers w ho desire to obta in th e contingent escalations for flow ing gas as provided in O pin ion Nos. 595, 598, 607, from reserves dedicated to wells com m enced prior to Jan­uary 1, 1973, shall be required to dedicate natural gas supplies w h ich they seek to have applied tow ard triggering th e flowing gas escalations at the rates provided in those opinions.

BATE DESIGN RECOMMENDATIONS

I. N ationwide "base rates. The base nation­wide rate ceiling @ 14.73 psia and 60* F pro­posed for all gas o f p ipeline quality produced from wells drilled prior to January 1, 1973, and delivered to th e purchaser at a central p o in t in th e field, a tailgate o f a plant, an offshore p latform or a p o in t on the buyers p ipeline shall be 24.5^/M cf.

These rates shall rem ain in effect until changed by a subsequent Commission Opin­ion. R ate increases above these rates shall n o t be allowed except where special relief from the applicable ceiling has been ob­tained.

These rates shall be adjusted downward by 0.5d/M cf fo r gas sold at th e wellhead.

In instances where prior orders o f the Com m ission have provided for Just and rea­sonable rates greater than those herein rec­om m ended, the rates and provisions of the prior op in ions w ou ld pertain where appli­cable.

II. Q uality Standards and Adjustments to th e Base Area R ates. T he base nationwide rates established above w ould be subject to ad justm ent fo r B tu con ten t as follows:

B tu ad ju stm en t: T he standard will be1,000 B tu ’s per cu b ic fo o t o f gas, saturated w ith water vapor, at 60° F and 14.73 psia. For gas w ith m ore than 1,000 B tu ’s per cubic foot, upward ad justm ents shall be made on a pro­portional basis from a base o f 1,000 Btu’s. For gas less than 1,000 B tu ’s per cubic foot, downward ad justm ents shall be made on a proportional basis from a base o f 1,000 Btu’s.

T he rates shall be ad justed downward for gas o f less than the fo llow in g standards only where actual expenses are incurred by the purchaser in im proving the gas to these standards.

a. C arbon d ioxid e: P ipeline quality g»3 shall conta in n ot m ore th an 3 percent car­b on dioxide by volum e.

b . H ydrogen su lph ide: Pipeline qualitygas shall contain n o t m ore than 10 grains 01 hydrogen su lphide per M cf o f natural gas at14.73 psia and 60° F. ..

c. T otal su lph ur: P ipeline quality gas shau conta in n o t m ore th an 200 grains of tow su lph ur per M cf o f natural gas at 14.73 ps» and 60° F.

d. W ater: P ipeline qu ality gas shall c<5“ ‘ ta in -n o t m ore than .007 pound o f H20 P® M cf o f natural gas at 14.73 psia.

e. Other im pu rities: P ipeline quality g shall con ta in n o oxygen, dirt, dust, gum’ oth er im pu rity in sufficient amounts to qu ire th e buyer to in cu r processing c to elim inate su ch im purities in order for gas to m eet either custom ary commerc standards or th e custom ary requirem ents 0

FEDERAL REGISTER, VOL, 39, NO. 1 8 6 1— TUESDAY., SEPTEMBER 24, 1974

PROPOSED RULES 34309

any o f the interstate p ipelines in th e area.f . Pressure: P ipeline qu ality gas shall be

delivered at a pressure sufficient to enter bu yer’s pipeline.

m . M inim um rate. A m in im u m rate o f 151 is recom m ended.

IV. R efunds. M onies co llected su b ject to re fu n d in excess o f the prescribed rate levels o r the last firm rate shall be refunded.

V. C on tin gen t escalations o f area rate opinions. Producers w ishing to avail th em -

selves o f these con tin gen t escalations prov i­sions m ust be lim ited to the area rate celling o f those opin ions.

VI. S pecial relie f. P roducers shall be al­low ed to file fo r special relief from th e nationw ide flow ing gas ceiling ( 1) under the provisions o f S ection 2.76 an d 2.77 o f th e C om m ission ’s B uies an d (2 ) pursuant to the ' ‘o u t -o f-p o ck e t” con cep t as set fo r th In the C om m ission ’s d iscussion in O p in ion No. 468.

[P B Doc.74-21539 Piled 9 -23 -7 4 :8 :45 am ]

FEDERAL REGISTER, V O L 39, N O . 166— TUESDAY, SEPTEMBER 24, 1974

34310

noticesThis section of the FEDERAL REGISTER contains documents other than rules or proposed rules that are applicable to the public. Notices

of hearings and investigations, committee meetings, agency decisions and rulings, delegations of authority, filing of petitions and applications and agency statements of organization and functions are examples of documents appearing in this section.

DEPARTMENT OF TH E TREASURY Office of Economic Stabilization

[Order No. 6 ]

ASSOCIATE DIRECTOR FOR OPERATIONS Delegation of Authority

Pursuant to the authority vested in me as Director, Office of Economic Stabilization, by Treasury Department Order 233, it is hereby ordered as follows:

1. (a) There is hereby delegated to the Associate Director for Operations, sub­ject to the general policy guidance of the Director, authority to take the fol­lowing actions with respect to pay ad­justments for work performed prior to May 1,1974:

(i) Process, consider, decide and issue decisions and orders with respect to in­dividual cases involving pay adjustments for work performed prior to May 1,1974, presented to the Office of Economic Stabilization or its predecessors under the policies, rulings and regulations of the Office of Economic Stabilization or its predecessors. This delegation includes the authority to process exception re­quests, pay challenges, executive com­pensation submissions, requests for ap­proval of construction pay adjustments, appeals from Internal Revenue Service adverse actions, and related matters.

(ii) Rule on any request for review, reconsideration, rescission or modifica­tion of initial decisions involving pay ad­justments issued by the Office of Eco­nomic Stabilization, its predecessors, or the Internal Revenue Service.

(iii) Monitor pay adjustments and issue challenges with respect to pay ad­justments effective with respect to work performed prior to May 1, 1974, as pro­vided by regulations of the Office of Eco­nomic Stabilization or its predecessors.

(iv) Request information and conduct hearings with respect to the functions delegated herein, v • •

(b) In the exercise of authority under this paragraph, the Associate Director for Operations may solicit and receive the advice and recommendations of any ap­propriate individual, group, panel, or committee.

2. Paragraph 3 of Office of Economic Stabilization Order No. 1 is hereby revoked.

3. Authority delegated by this Order May be redelegated.

4. In exercising the authority dele­gated by this Order or redelegated pur­suant thereto, officials of the Office of Economic Stabilization shall be gov­erned by the regulations and rulings of the Office of Economic Stabilization and its predecessors ahd by the policies, pro­

cedures, and controls prescribed by the Director of the Office of Economic Stabil­ization.

5. This Order is effective September 24, 1974.

A ndr ew T . H . M unroe , Director, Office of Economic

Stabilization, Department of the Treasury.

[F R Doc.74-22168 Piled 9-23 -74 :8 :45 am ]

Office of the Secretary [T D 74-246]

CERTAIN STAINLESS STEEL FLATWARENotice of Increase in Tariff-Rate Quota

Notice is hereby given of a Presidential determination to increase the tariff-rate quota on the imports of certain stainless steel flatware by six percent. Such in­crease, to be allocated on a quarterly basis, is to take effect on October 1,1974. A copy of the President’s letter dated September 3, 1974, advising the Secre­tary of the Treasury of such determina­tion is published as an appendix to this notice jn accordance with the provisions of Presidential Proclamation No. 4076 of August 21, 1971, 3 CFR 84 (1971 Comp.).

[ seal] P eter O. S u c h m a n ,Acting Assistant Secretary (En­

forcement, Operations, and Tariff Affairs).

S eptember 19,1974.[P R Doc.74-22215 Piled 9 -23 -7 4 ;8 :45 am ]

Office of the SecretaryDEFENSE SCIENCE BOARD TASK FORCE

ON ‘NAVAL SURFACE WARFARE*Notice of Advisory Committee MeetingA Defense Science Board Task Force

on “Naval Surface Warfare” will meet in closed session on 2-3 October 1974 at the Pentagon, Arlington, Virginia.

The mission of this'Task Force is to advise the Secretary of Defense and the Director of Defense Research and En­gineering regarding the adequacy and di­rections of U.S. programs in surface of­fensive operations in the face of continu­ing increases in Soviet capabilities in naval weapons, command and control, and out-of-area operations.

The Task Force will concentrate first on U.S. programs in tactical surface sur­veillance, targeting, command and con­trol, and weaponry for surface engage­ment to help assure that our R&D in­

vestments yield the greatest improve­ment in our total force capabilities, when deployed in quantities we can afford.

In accordance with Public Law 92- 463 section 10, Paragraph (d), it has been determined that the Task Force meetings concern matters listed in sec­tion 552 (b) of Title 5 of the United States code, particularly Subparagraph(1) thereof, and that the public interest requires such meetings to be closed inso­far as the requirements of subsections(a)(1) and (a)(3) of section 10, Public Law 92-463 are concerned.

M aurice W . R oche, Director, Correspondence and Directives OASD (Comptroller).

S eptember 19, 1974.[P R Doc.74-22134 Filed 9-23-74 ;8 :45 am]

DEPARTMENT OF JUSTICE Drug Enforcement Administration

[D ocket No. 74-16]JAMES EMORY SEASHOLTZ

Notice of HearingNotice is hereby given that on May 9,

1974, the Drug Enforcement Administra­tion, Department of Justice, issued to James Emory Seasholtz, D.O., Fallans- bee, West Virginia, an order to show cause as to why the Drug Enforcement Administration registration No. AS5678721 issued to the Respondent pur­suant to section 303 of the Controlled Substances Act (21 U.S.C. 823) should not be revoked.

Thirty days having elapsed since said order was received by the Respondent, and written request for a hearing having been filed with the Drug Enforcement Administration, Notice is hereby given that a hearing in this matter will be held commencing at 10 a.m. on Octo­ber 3, 1974, in Room 1210, 1405 Eye Street, NW., Washington, D.C.

Dated: September 16, 1974.A n d r e w C. T artaglino,

Acting Deputy Administrator, Drug Enforcement Administration.

[P R Doc.74-22137 Filed 9-23-73:8:45 am]

[D ocket No. 74-15]SIDNEY ALFONSO NELSON

Notice of HearingNotice is hereby given that on June 13.

1974, the Drug Enf orcement Administra­tion, Department of Justice, issued to Sidney Alfonso Nelson, M.D., Union City» New Jersey, an order to show cause as

DEPARTMENT OF DEFENSE

FEDERAL REGISTER, VOL. 39, NO. I8<6— TUESDAY, SEPTEMBER 24, 1974

NOTICES 34311

to why the Drug Enforcement Adminis­tration registration No. AN1487328 issued to the Respondent pursuant to section 303 of the Controlled Substances Act (21 U.S.C. 823) should hot be revoked.

Thirty days having elapsed since said order was received by the Respondent and written request for a hearing having been filed with the Drug Enforcement Administration, Notice is hereby given that a hearing in this matter will be held commencing at 10 a m. on Septem­ber 26, 1974, in Room 1210, 1405 Eye Street, NW.,~ Washington, D.C.

Dated: September 16,1974.A n d r e w C. T a r t a g lin o ,

Acting Deputy Administrator,Drug Enforcement Administration.

(FR Doc.74-22136 Filed 9-23 -74 ;8 :45 am ]

DEPARTMENT OF THE INTERIOR Bureau of Land Management

[NM 22911, 22977]NEW MEXICO

Notice of ApplicationsS e p t e m b e r 16, 1974.

Notice is hereby given that, pursuant to section 28 of the Mineral Leasing Act of 1920 (30 U.S.C. 185), as amended by the Aet of November 16, 1973 (87 Stat. 576), El Paso Natural Gas Company has applied for three 4 Y2 inch natural gas pipelines right-of-way across the follow­ing lands : .

New M e xico P r in c ip a l M e r id ia n , N e w M e x ic o

T. 22 S.( R. 34 E„Sec. 15, N W ^ S E ^ .

T.20S..R. 37 E..Sec. 26, EyaNW!4 and S W ^ N E ^ .

These pipelines will convey natural gas across' .537 miles of national resource lands in Lea County, New Mexico.

The purpose of this notice is to inform the public that the-Bureau will be pro­ceeding with consideration of whether the application should be approved, and if so, under what terms and conditions.

Interested persons desiring to express their views should promptly send their name and address to the District Man­ager, Bureau of Land Management, P.O. Box 1397, Roswell, NM 88201.

S tella V . G o n za l e s ,Acting Chief, Branch of

Lands and Minerals Operations.(FR Doc.74-22142 Filed 9-23-74;8:45 am ]

[NM 22913, 22914. 22915, 22978, 22979, 22980, 22989]NEW MEXICO

Notice of ApplicationsS ept e m b e r 16, 1974.

Notice is hereby given that, pursuant to section 28 of the Mineral Leasing Act of 1920 (30 U.S.C. 185), as amended by the Act of November 16, 1973 (87 Stat. 576), El Paso Natural Gas Company has applied for five 4yz inch and two 2% inch

natural gas pipelines rights-of-way across the following lands:

N e w M e x ic o P r in c ip a l M e r id ia n , N e w M e x ic o

T. 29 N., R . 9 W.,Sec. 19, N E i4SE % ;Sec. 20, SWy4NWy4 and N W ^ S W ^ i;Sec. 28, E % N E % and NEV4SE&.

T . 29 N., R . 10 W.,Sec. 8 , Lots 10 and 15;Sec. 9, L ots 6 and 13;Sec. 18, Lots 9 and 10.

These pipelines will convey natural gas across .793 miles of national resource lands in San Juan County, New Mexico.

The purpose of this notice is to inform the public that the Bureau will be pro­ceeding with consideration of whether the application should be approved, and if so, under what terms and conditions.

Interested persons desiring to express their views should promptly send their name and address to the District Man­ager, Bureau of Land Management, 3550 Pan American Freeway, Albuquerque, NM 87107.

S te l la V . G o n z a l e s ,Acting Chief, Branch of

Lands and Minerals Operations.(FR D oc .74-22143.Filed 9 -23 -74 ;8 :45 am ]

[U tah 6222, etc.]

UTAH

Order Providingfor Opening of Public Lands

1. in exchange of lands made under the provisions of section 8 of the Act of June 28, 1934 (48 Stat. 1269; 43 U.S.C. 315g), as amended, the following de­scribed lands have been reconveyed to the United States:

S a lt L a k e M e r id ia n

M inerals In th e fo llow in g lands were n ot reconveyed to th e U nited States:

UTAH 6222

T. 38 S., R . 1 E.,Sec. 2;Sec. 36.

T . 39 S., R . 1 E..Sec. 2.

T . 36 S., R . 2 E.,Sec. 36.

T . 3 7 S ..R . 2 E .Sec. 2.

T . 36 S., R . 3 E.Sec. 32.

T . 34S.. R . 5EL Sec. 16.

T . 32 S., R . 6 E.Sec. 36.

T . 33 S., R . 5 E.,Sec. 2.

T . 34 S., R . 6 E.,T . 34 S., R . 6 E..

Sec. 2.T . 40 S., R. 6 E.

Sec. 2.T. 32 S., R . 7 E.,

Sec. 32.T . 33 S., R . 7 E.,

Sec. 16.T . 40 S., R . 7 E.,

Sec. 16;Sec. 36.

T . 41 S., R . 7 E.,Sec.

T . 38 S., R . 1 W.,Sec. 86.

T . 39 S., R. 1 W .,Sec. 2.

T . 42 S., R . 3 W ,Sec. 32.

T . 39 S., R . 4 W.,Sec. 36.

T . 42 S., R. 4 W..Sec. 32.

T . 43 S., R. 4 W .,Sec. 16.

T. 41 S., R. 5 W..Sec. 16.

T. 43 S., R . 9 W „Sec. 36, NV2.

UTAH 11460T . 2 S., R. 23 E.,

s e c .3 5 ,s y as w % .

Minerals in the following land in U - 11460 were retained by the United States in previous patents:, ’T. 2 S., R . 24 E.,

Sec. 20, N W & SE 14;Sec. 29, S W ^ S E ^ .

T . 1 S., R . 25 E.,Sec. 18, lo t 1.

UTAH 12281T. 15 S., R. 24 E.,

Sec. 32.UTAH 6223

Coal in U—6223 retained b y the U nited States in previous patent except fo r land in Sec. 6, T . 37 S., R . 2 W.T . 36 S., R .2 W „

Sec. 27, beg inn ing at the northeast corner o f the S W % S W }4 and ru n ning thence southw est in a straight line to the sou th ­west corner o f th e SW % SW ]4 , thence east t o the southeast corner o f the SW (4 SWi/4, thence north to p o in t o f beg in ­ning;

Sec. 33, N W ^SE & S Sec. 34, N W i4N W ‘A .

T . 37 S., R . 2 W.,Sec. 5, lo t 4, S W & N W & , S E ^ N W ^ , SW %

NE % ;Sec. 6, B eginning at the east quarter sec­

t ion corner o f Sec. 6, thence n orth 20 chains, thence sou th 63°25' west 44.73 chains, thence east 40 chains t o p oin t o f beginning.

UTAH 16124

T. 12 N., R. 12 W.,Sec. 30, B eginning at the southeast corner

o f Sec. 30, thence north 32 rods, th en ce west 160 rods, th en ce sou th 32 rods, th en ce east 160 rods to p oin t o f beg in ­n in g ;

Sec. 31, E xcepting the* north 70 acres o f th e N W & .

T . 12 N., R. 13 W.,Sec. 34, Eya excepting the sy aSW »4SEi4; S e c .3 6 ,E % .

UTAH 14332

T . 9 N., R . 14 W.,Sec. 7, E xcepting a strip o f lan d 400 feet

w ide con ta in in g 1.81 acres lying equally on each side o f th e center line o f th e C P . R ailw ay C om pany righ t-o f-w a y .

T . 12 N., R . 14 W.,Sec. 33.

UTAH 14331

T . 39 S., R . 16 W.Sec. 32, w y 2NE%NW^4, NW%NWV4.Less r igh t-o f-w a y given in favor o f th e

State R oad Com m ission o f U tah: B eginning a t the intersection o f th e w est boundary line o f Sec. 32, T . 39 S., R . 16 W., SLM, an d th e center line o f survey o f said P roject at Engi­neers S ta tion 979+47.4 , w h ich intersection is 1120.7 feet from the NW corner o f said Sec. 32; thence n orth 64,9 feet; thence n orth -

FEDERAL REGISTER, VOL. 39, N O . 186— TUESDAY, SEPTEMBER 24, 1974

34312 NOTICES

easterly 330.4 feet along the arc of a 5779.7 foot radius curve to the right (Note: Tangent to said curve at its point o f beginnning bearsN. 50°36' East), thence north 53°53' east, 1307 feet; thence north 68.4 ft. to a point on the north boundary line of said Sec. 32 which point is 1317 feet east along said north boundary line from the northwest comer of said Sec. 32; thence west 259.5 feet along said north boundary line; thence south 53°53' west, 1555.3 feet to a point of tangency with a 5679.7 radius curve to the left; thence south­westerly 407.3 feet along the arc of said 5679.7 foot radius curve, to said west boundary line of said Sec. 32; thence north 65.3 feet to beginning as shown on the official map of said project on file in the office of the State Road. Commission of Utah. Above-described parcel of land contains 4.26 acres.

UTAH 15000

T. 11N..R. 16W.,Sec. 31, lots 1,2, NE%, E^N W ^.

UTAH 16122T. 4 S., R. 20 E.,

Sec. 31, lot 3.Minerals in U-5715 were reconveyed to the

United States.UTAH 5715

T. 2 S., R. 23 E.,Sec. 26, SW%SWi4;Sec. 35, NW&NWJ4.

UTAH 16122

T. 5 S., R. 19 E.,Sec. 1, NEV4SE14. (Petroleum retained by

the United States in the originalpatent.) —

T. 9 S., R. 23 E.,Sec. 10, NEiy4NE% (oil and gas retained by

the United States in the originalpatent).

Sec. 17, NWy4SWi4 (oil and gas retained by the United States in the originalpatent).

T. 3 S., R. 20 E.,Sec. 18, SE%NW% (all minerals were re­

tained by the United States in the orig­inal patent). *

The public lands described above aggregate 17,872.31 acres in Box Elder, Garfield, Kane, Uintah, and Washing­ton Counties.

2. The topography of the lands de­scribed varies from nearly level and moderately steep to rough hills and mountainous areas with rock outcrops. Vegetation consists of sagebrush, black- brush, cheat grass, western wheat grass, Indian rice grass; halogeton, shadscale, pinon juniper, and miscellaneous desert grasses and shrubs. Soils range from deep clay loam to shallow rocky soils, and from sandy to desert clay hardpan. The lands are semiarid in character and not suitable for farming. They have been acquired to further Federal programs. Public lands in these areas have been classified for retention in Federal owner­ship for multiple-use management.

3. Subject to valid existing rights, the provisions of existing withdrawals, and the requirements of applicable law, the lands are hereby open to application, petition, location and selection, except for appropriation under the agricultural land laws (43 U.S.C. Parts 7 and 9; 25U. S.C. Sec. 334), and from sales under Section 2455 of the Revised Statutes (43 U.S.C. 1171). All valid applications re­ceived at or prior to 10 am., October 28, 1974, shall be considered as simultane­

ously filed at that time. Those received thereafter shall be considered in the order of filing.

4. Inquiries concerning the lands should be addressed to the State Direc­tor, Bureau of Land Management, Post Office Box 11505, Salt Lake City, Utah 84111.

P aul L . H ow ard ,State Director.

[PR Doc.74-22117 Filed 9-23-74;8:45 ami

Office of Hearings and Appeals[Docket No. M 75-20]

PALMER COKING COAL CO.Petition for Modification of Application of

Mandatory SafetÿStandardNotice is hereby given that in accord­

ance with the provisions of section 301(c) of the Federal Coal Mine Health and Safety Act of 1969, 30 U.S.C. 861(c) (1970), Palmer Coking Coal Company has filed a petition to modify the applica­tion of 30 CFR 75.501 to its Rogers No. 3 Mine, Black Diamond, Washington.

30 CFR 75.501 provides:On and after March 30, 1974, all electric

face equipment, other than equipment re­ferred to in paragraph (b) of § 75.500, which is taken into and used inby the last open crosscut of any coal mine which is operated entirely in coal seams located above the water table and which has not been classi­fied under any provision of law as a gassy mine prior to March 30, 1970, and in which one or more openings were made prior to December 30, 1969, shall be permissible.

In support of its petition to secure a waiver of § 75.501 Petitioner states:

(1) Petitioner is the sole supplier of coal to three of Washington State’s institutions: Washington State Correction Center at Shel­ton, State Soldier’s Home at Orting, and Washington State Reformatory at Monroe. Petitioner is concerned that the required fuel supply for these institutions will be unavailable this winter if Petitioner is not allowed, to operate its machinery.

(2) Methane gas has never been detected in the subject mine. In addition, the mine is wet and relatively dust free.' The life ex­pectancy of the mine is approximately six months.

(3) Petitioner asserts that the safety of its employees wiU not be compromised or Jeopardized in any way by continuing the use of its present machinery for the six months the mine is expected to be in operation.

(4) Petitioner asserts that its miners, members of UMWA Local No. 6481, support this petition for modification of Section 75.501.

Persons Interested In this petition may request a hearing on the petition or fur­nish comments on or before October 24, 1974. Such requests or comments must be filed with the Departmental Hear­ings Branch—OHA, U.S. Department of the Interior, 6432 Federal Bldg., Salt Lake City, Utah 84138. Copies of the petition are available for inspection at that ad­dress.

James R . R ichards,Director,

Office of Hearings and Appeals,S eptember 17,1974.

[PR Doc.74-22123 Filed 9-23-74;8:45 am]

[Docket No. M 75-22]PALMER COKING COAL CO.

Petition for Modification of Application of Mandatory Safety Standard

Notice is hereby given that in accord­ance with the provisions of section 301 (c) of the Federal Coal Mine Health and Safely Act of 1969, 30 U.S.C. 861(c) (1970), Palmer Coking Coal Company has filed a petition to modify the appli­cation of 30 CFR 75.1002-1 (a) to its Rogers No. 3 Mine, Black Diamond, Washington.

30 CFR 75.1002-1 (a) provides:E lectric equ ipm ent other th an trolley wires,

trolley feeder wires, h igh -voltage cables, and transform ers shall be perm issible, and main­ta ined in a perm issible con d ition when such electric equ ipm ent is located w ith in 150 feet from p illar workings, except as provided in paragraphs (b ) and (c ) o f th is section.

In support of its petition to secure a waiver of § 75.1002-1 (a) Petitioner states :

(1 ) P etitioner is the sole supplier of coal to three o f W ashington S tate’s institutions: W ashington State C orrection Center at Shelton, State Soldiers’ Hom e at Orting, and W ashington State R eform atory at Monroe. P etitioner is concerned th at th e required fuel supply fo r these institu tions w ill be unavail­able th is w inter I f P etitioner is not allowed to operate its m achinery.

(2 ) M ethane gas has never been detected in the su b ject m ine. In add ition , the mine is w et an d relatively dust free. The life ex­pectan cy o f th e m ine is approximately six m onths.

(3 ) P etitioner asserts th at the safety of its em ployees w ill n o t b e compromised or Jeopardized in any w ay by continuing the use o f its present m achinery for the six m on th s th e m ine is expected to be in opera­tion .

(4 ) P etitioner asserts th at its miners, m em bers o f UMWA L ocal No. 6481, support th is p etition fo r m odification o f § 75.1002-1 ( a ) .

Persons interested in this petition may request a hearing on the petition or fur­nish comments on or before October 24, 1974. Such requests or comments must be filed with the Departmental Hearings Branch—OHA, U.S. Departement of the Interior, 6432 Federal Bldg., Salt Lake City, Utah 84138. Copies of the petition are available for inspection at that address,

Jam es R. R ichards, ' Director,

Office of Hearings and Appeals.S eptember 17 ,1 9 74 .[FR Doc.74-22124 Filed 9-23-74;8:45 am]

[Docket No. M 75-21]PALMER COKING COAL CO.

Petition for Modification of Application of Mandatory Safety Standard

Notice is hereby given that in accord­ance with the provisions of section 30 (c) of the Federal Coal Mine Health ah Safety Act of 1969, 30 U.S.C. 861 w (1970), Palmer Coking Coal Comp®“» has filed a petition to modify the app®" cation of 30 CFR 75.1002 to its Rogers no* 3 Mine, Black Diamond, Washington.

FEDERAL REGISTER, V O L 39, N O . 186— TUESDAY, SEPTEMBER 24, 1974

NOTICES 34313

30 CPR 75.1002 provides :Trolley wires and trolly feeder wires, high-

voltage cables and transformers shall not be located inby the last open crosscut and shall be kept at least 150 feet from pillar workings.

In support of its petition to secure a waiver of § 75.1002 Petitioner states:

(1) Petitioner is the sole supplier of coal to three of Washington State’s institutions: Washington State Correction Center at Shel­ton, State Soldiers’ Home at Orting, and Washington State Reformatory at Monroe. Petitioner is concerned that the required fuel supply for these institutions will be unavailable this winter if Petitioner is not allowed to operate its machinery.

(2) Methane gas has never been detected in the subject mine. In addition, the mine is wet and relatively dust free. The life ex­pectancy of the mine is approximately six months.

(3) Petitioner asserts that the safety of its employees will not be compromised or jeop­ardized in any way by continuing the use of its present machinery for the six months the mine is expected to be in operation.

(4) Petitioner asserts that its miners, members of UMWA Local No. 6481, support this petition for modification of Section 75.1002.

Persons interested in this petition may request a hearing on the petition or fur- nidi comments on or before October 24, 1974. Such requests or comments must be filed with the Departmental Hearings Branch—OH A, U.S, Department of the Interior, 6432 Federal Bldg., Salt Lake City, Utah 84138. Copies of the petition are available for inspection at that address.

James R. R ichards, Director,

O ffice of Hearings and Appeals.September 17, 1974.[PR Doc.74-22125 Filed 9-23-74:8:45 am]

DEPARTMENT OF AGRICULTUREAgricultural Marketing Service

FLUE-CURED TOBACCO ADVISORY COMMITTEE

Notice of MeetingThe Flue-Cured Tobacco Advisory

Committee will meet in the Board Room of the Flue-Cured Tobacco Cooperative Stabilization Corporation, 522 Fayette­ville Street, Raleigh, North Carolina 27602, at 1 p.m., on Monday, October 14, 1974.

The purpose of the meeting is to re­adjust selling schedules for the markets remaining open in the flue-cured area, and to develop revised marketing sched­ules for individual warehouses in those areas following the third grower redesig­nation period which ends Friday, Octo­ber 4,1974. Also, matters, as specified in 7 CFR Part 29, Subpart G, § 29.9404 will be discussed.

The meeting is open to the public but sp««e aod facilities are limited. Public participation will be limited to written statements submitted before or at the Meeting unless their participation is otherwise requested by the Committee Chairman. Persons, other than members

who wish to attend the meeting should contact Mr. J. W. York, Diréctor, Tobacco Division, Agricultural Marketing Service, 300 12th Street, SW., United States De­partment of Agriculture, Washington, D.C. 20250, (202) 447-2567.

Dated: September 18, 1974.E. L. P eterson,

Administrator.[FR Doc.74-22129 Filed 9-23-74:8:45 am]

Commodity Credit CorporationCOMMODITY CREDIT CORPORATION

ADVISORY BOARDNotice of Public Meeting

Notice is hereby given that the Com­modity Credit Corporation Advisory Board established under section 9(b) of the Commodity Credit Corporation Charter Act of 1949 (63 Stat. 154,155; 15 U.S.C. 714g(b) ) , will meet at 8:30 a.m. on Wednesday, October 9, 1974, and Thursday, October 10, 1974, in Room 2-w, of the Administration Building of the U.S. Department of Agriculture, Washington, D.C.

The purpose of this regularly scheduled quarterly meeting of the Advisory Board is to survey the policies of the Com­modity Credit Corporation in connection with the purchase, storage and sale of commodities, and the operation of lend­ing and price support programs. The meeting will be open to the public.

The names of the Presidential ap­pointees comprising the Advisory Board, agenda, summary of the meeting and other information pertaining to the meeting may be obtained from Mr. Frank G. McKnight, Secretary, Commodity Credit Corporation, Room 202-W, Ad­ministration Building, U.S. Department of Agriculture, Washington, D.C.

Signed at Washington, D.C. on Sep­tember 11, 1974.

G lenn A. W eir,Acting Executive Vice President,

Commodity Credit Corporation.[FR Doc.74-22133 Filed 9-23-74;8:45 am]

Forest ServiceCONSTRUCTION OF PHASES II AND III OF

THE BLANCHARD SPRINGS CAVERNS PROJECT

Notice of Availability of Draft Environmental Statement

Pursuant to section 102(2) (C) of the National Environmental Policy Act of 1969, the Forest Service, Départaient of Agriculture, has prepared a draft en­vironmental statement for Construction of Phases n and in of the Blanchard Springs Caverns Project, Ozark-St, Francis NF Arkansas, USDA-FS-R8- DES <Adm.)-75-6. This environmental statement concerns proposed construc­tion and development of tours B and C together with additional supporting fa­cilities constituting Phases n and in of the development plan for the Blanchard Springs Caverns Project. Phase I of this

project is complete and tour A, the Vis­itor Information Center, and other sup­porting facilities, have been in opera­tion since July 1973. This draft environ­mental statement was transmitted to CEQ on September 16, 1974.

Copies are available for inspection during regular working hours at the fol­lowing locations:USDA, Forest ServiceSouth Agriculture Bldg. Room 323012th St. & Independence Ave., S.W.Washington, D.C. 20250USDA, Forest Service1720 Peachtree Rd., NW, Room 804Atlanta, Georgia 30309TJSDA, Forest ServiceDistrict RangerOzard-St. Francis NFMountain View, Arkansas 72560

A limited number of single copies are available upon request to Forest Super­visor, Larry Henson, Ozark-St. Francis NF, P.O. Box 1008, Russellville, Arkansas 72801.

Copies of the environmental statement have been sent to various Federal, State, and local agencies as outlined in the Council (Hi Environmental Quality Guidelines.

Comments are invited from the public, and from state and local agencies which are authorized to develop and enforce environmental standards, and from Fed­eral agencies having jurisdiction by law or special expertise with respect to any environmental impact involved for which comments have not been re­quested specifically.

Comments concerning the proposed action and requests for additional infor­mation should be addressed to Larry Henson, Forest Supervisor, Ozark-St. Francis NF, P.O. Box 1008, Russellville, Arkansas 72801.

Comments must be received by No­vember 15,1974 in order to be considered in the preparation of the final environ­mental statement.

David F. Jolly,Regional Environmental Coordinator.[FR Doc.74-22113 Filed 9-23-74;8:45 am]

Soil Conservation ServiceCANE CREEK RECREATIONAL DEVELOP­

MENT RC&O MEASURE, ARKANSASNotice of Availability of Final

Environmental Impact StatementPursuant to section 102(2) (C) of the

National Environmental Policy Act of 1969, the Soil Conservation Service, U.S. Department of Agriculture, has prepared a final environmental impact statement for the Cane Creek Recreational Development RC&D Measure, Lincoln County, Arkansas, USDA-SCS-EIS- RCD-(ADM) -74—22-<F) -AR.

The environmental impact statement concerns a plan for watershed protection and recreational development in Lincoln County, Arkansas. This will be achieved by applying conservation land treatment measures, developing a 1,750-acre rec­reational lake, and developing a 1,900- acre state park.

FEDERAL REGISTER, VOL. 39, NO. 186— TUESDAY, SEPTEMBER 24, 1974

34314 NOTICES

The final environmental impact state­ment was transmitted to CEQ on Au­gust 23, 1974.

A limited supply is available for in­spection or to fill single copy requests at the following locations:Soil Conservation Service, USDA, South Agri­

culture Building, Boom 5227, 14th and In­dependence Avenue, SW., Washington, D.C. 20250.

Soil Conservation Service, USDA, Room 5029, Federal Office Building, Little Rock, Arkan­sas 72201.Copies of the environmental impact

statement have been sent to various Fed­eral, State, and local agencies as outlined in the Council on Environmental Quality Guidelines.(Catalog of Federal Domestic Assistance Pro­gram No. 10.901, National Archives Reference Services)

D. M, W hitt,Deputy Administrator for Field

Services, Soil Conservation Service.

[FR Doc.74-22114 Filed 9-23-74;8:45 am]

DEPARTMENT OF COMMERCENational Technical Information Service

FEDERALLY SPONSORED BUSINESS, ECO­NOMIC AND TECHNICAL REPORTS

Notice of Pricing PolicyNotice is hereby given of the following

pricing schedule adopted by the National Technical Information Service (NTIS). The NTIS provides government and pub­lic availability of federally sponsored business, economic and technical reports.

Microfiche. Effective October 1, 1974, the per title selling price for microfiche is $2.25 domestic and $3.75 foreign. This price increase will be retroactive for all reports, regardless of announcement date, beginning October 1,1974.

Documents in excess of 1,000 printed pages will be specially priced.

Certain special reports previously specially priced will continue to be treated as exceptions to this price schedule.

W illiam T. K nox, National Technical Information Service.

[FR Doc.74-22115 Filed 9-23-74;8:45 am]

Office of the SecretaryCTAB PANEL ON PROJECT INDEPENDENCE BLUEPRINT

Notice of MeetingsThe Panel on Project Independence

Blueprint was formed under the U.S. Department of Commerce Technical Ad­visory Board (CTAB) to provide the Sec­retary an assessment of the feasibility of the actions and policies resulting from the Project Independence Blueprint. Previous notices of Panel meetings have been published in the Federal R egister, Vol. 39, No. 122, June 24, 1974; Vol. 39, No. 133, July 10, 1974, and Vol. 39, No. 134, August 8, 1974. This notice provides the schedule of Panel meetings to be held during October 1974.

D ate, Time, Purpose, and M eeting PlaceOct. 7, 8:30 am to 12:00 noon, Subcommittee

review of LaJbor Cross-Cut Study, 1522 K Street NW, Room 210, Washington, D.C.

Oct. 7, 1:00 pm to 5:00 pm, Subcommittee re­view of other Energy Sources Report, 1522 K Street NW, Room 210, Washington, D.C.

Oct. 8-10, 8:30 am to 5:30 pm, Review of Subcommittee evaluations by Executive Committee, 1522 K Street NW, Room 210, Washington, D.C.

Oct. 16, 8:30 am to 5:00 pm, Presentation of CTAB Panel Report to CTAB, Room 6802, Main Commerce Bldg., Washington, D.C.A limited number of seats will be avail­

able to the press and to the public. Writ­ten statements or inquiries may be filed with the Chairman before or after any of these meetings.

Persons desiring further information on the Panel or on individual meetings should contact Mr. Frank Castellon, Executive Secretary, 10th Floor, Suite 1000, 1750 K Street, NW, Washington, D.C. 20006.

Dated: September 18,1974.B etsy A ncker-J ohnson,

Assistant Secretary of Commerce for Science and Technology.

[FR Doc.74-22267 Filed 9-23-74;8:45 am]

Social and Economic Statistics Administration

CENSUS ADVISORY COMMITTEE ON THE BLACK POPULATION FOR THE 1980 CENSUS

Notice of EstablishmentIn accordance with the provisions of

the Federal Advisory Committee Act (Pub. L. 92-463) and Office of Manage­ment and Budget Circular A-63 (revised March 27, 1974), and after consultation with OMB, the Secretary of Commerce has determined that the establishment of the Census Advisory Committee on the Black Population for the 1980 Census is in the public interest in connection with the performance of duties imposed on the Department by law.

The Committee will provide an or­ganized and continuing channel of com­munication between the black popula­tion and the Bureau of the Census on the problems and opportunities of the Twentieth Decennial Census as théy re­late to the black population of the United States. Experience has shown that there is a special need for this interchange. Major efforts to improve the situation are necessary since decennial census data are widely used for such critical matters as legislative apportionment, allocation of government funds, and public and pri­vate program planning.

Having an established channel of com­munication will be helpful to the Census Bureau in its efforts to develop the pro­cedures and techniques which might yield the necessary improvements. To the extent that these efforts are successful, there will be direct and substantial gain to the black population.

The Committee will draw on the knowledge and expertise of its members to provide advice during the planning

of the 1980 Census of Population and Housing on such elements as improving the accuracy of the population count, recommending subject content and tab­ulations of especial use to the black pop­ulation, expanding the dissemination of census results among present and po­tential users of census data in the black community, and generally maximizing the usefulness of the census product to the Nation’s largest minority group.

The Committee will consist of 21 mem­bers appointed by the Secretary of Com­merce from among a broad spectrum of community leaders, such as neighbor­hood council members, elected public officials, executives of minority organi­zations, marketing and media people, roving leaders, and clergymen from inner cities. The Committee will report and be responsible to the Director, Bureau of the Census. The Committee will function solely as an advisory body, and in compliance with the Federal Ad­visory Committee Act and Office of Management and Budget Circular A-63 (revised—March 26,1974).

The Charter for the Committee will be filed under the Act, 15 days after pub­lication of this notice.

Dated: September 18, 1974.G u y W . Chamberlin,

Assistant Secretary for Administration.

[FR Doc.74-22096 Filed 9-23-74;8:45 am]

DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE

Alcohol, Drug Abuse, and Mental Health Administration

MINORITY GROUP MENTAL HEALTH PROGRAMS REVIEW COMMITTEE

Notice of EstablishmentPursuant to the Federal Advisory Com­

mittee Act of October 6, 1972 (Pub. L. 92-463, 86 Stat. 770-776) the Alcohol, Drug Abuse, and Mental Health Admin­istration announces approval and certi­fication by the Secretary, Department of Health, Education, and Welfare, on August 27, 1974, with the concurrence of the Office of Management and Budget Committee Management Secretariat of the following advisory committee:

Designation: Minority Group Mental Health Programs Review Committee,

Purpose. The Minority Group Mental Health Programs Review Committee shall advise the Secretary and the Direc­tor, National Institute of Mental Health, on applications for basic and applied re­search and training grants related to problems and issues concerned with un­derstanding and improving the mental health of minority groups, i.e., (1) im" proving the skills and numbers of minor­ity group members engaged in mental health research, training and service efforts; (2) developing more knowl­edge and better understanding 01 minority group life styles and value systems; and (3) investigating the par* ticular mental health problems associ­ated with these life styles. Members shall

FEDERAL REGISTER, VOL. 39, N O . 186— TUESDAY, SEPTEMBER 24, 1974

NOTICES 34315

make recommendations concerning these applications also to the Division of Special Mental Health Programs, Na­tional Institute of Mental Health, and the National Advisory Mental Health Coun­cil.

Authority for this committee will ex­pire August 27,1976, unless the Secretary formally determines that continuance is in the public interest.

Dated: September 18, 1974.James D. Isbister,

Acting Administrator, Alcohol, Drug Abuse, and Mental Health Administration.

[FR Doc.74-22090 Filed 9-23-74; 8:45 am]

Health Services AdministrationMATERNAL AND CHILD HEALTH RE­

SEARCH GRANTS REVIEW COMMITTEE AND NATIONAL MIGRANT HEALTH ADVISORY COMMITTEE

Notice of Meetings

Purpose. The Committee is charged with advising the Administrator on Na­tional policies and priorities; program guidelines, standards, and evaluation techniques; and other crucial issues re­lating to the migrant health program.

Agenda. The Committee will review the implementation of National policy and its effect on selected projects in or­der Jo identify program areas for which policy needs to be developed or modified.

Agenda items are subject to change as priorities dictate.

Those portions of the meetings so in­dicated, are open to the public for ob­servation and participation. Anyone wishing to participate, obtain a roster of members, agenda, or other relevant information should contact the persons listed above.

Date: September 16,1974.Isabelle G. G oldberg,

Acting Associate Administra­tor for Management, Health Services Administration.

Pursuant to the Federal Advisory Com­mittee Act (Pub. L. 92-463), the Ad­ministrator, Health Services Administra­tion, announces the meeting dates and other required information for the fol­lowing National Advisory bodies sched­uled to assemble during the month of October 1974:

Committee Date, time, Type of meeting name place and/or contact

person

Maternal and Child Health Research Grants Review Committee.

October 10 to 11, 9:00 a.m., Parklawn Bldg., Con­ference Room L, 5600 Fishers Lane, Rockville, Md.

Open—October 10, 9:00 to 11:30 a.m. Contact Gloria Wackemah, Room 12A-08, Parklawn Bldg., 5600 Fishers Lane, Kockville, Md. Code 301-443-2190.

Purpose. The Committee is charged with the review of all research grant applications in the program areas of maternal and child health administered by the Bureau of Community Health Services, Health Services Administration.

Agenda. The Committee will be per­forming the review of grant applications for Federal assistance. This meeting will be open to the public from 9:00 to 11:30 on October 10 for the Opening Remarks. The remainder of the meeting will be closed to the public for the review of grant applications for Federal assist­ance, in accordance with the provisions set forth in section 552(b)(4), Title 5, U.S. Code and the determination by the Administrator, Health Services Admin­istration, pursuant to Pub. L. 92-463; section 10(d).

Committee Date, time, Type of meeting name place and/or contact

person

NationalMigrantBealthAdvisoryCommittee.

October 29 to 31, 9:00 a.m. Expressway No. 83 and North Stuart Place Rd. Harlingen, Tex.

Open—Contact * Billy Sandlin, Room 7-22, Parklawn Bldg., 5600 Fishers Lane, Rockville, Md. Code 801-443-1153.

[FR Doc.74-21843 Filed 9-23-74:8:45 am]

Public Health Service CENTER FOR DISEASE CONTROL

Statement of Organization, Functions« and Delegations of Authority

Part 9 (Center for Disease Control) of the Statement of Organization, Func­tions, and Delegations of Authority for the Department of Health, Education, and Welfare (39 FR 1461, January 9, 1974) is hereby amended to reflect the establishment of the Bureau of Health Education (9F00) and the transfer of the National Clearinghouse for Smoking and Health (9S00) to the Bureau of Health Education as indicated in the following changes to Section 9-B, Organization and Functions:

1. After the chapter entitled “Bureau of Epidemiology (9E0D),” add a new chapter entitled “ Bureau of Health Edu­cation (9F00) “ by inserting the follow­ing heading and succeeding paragraphs:B ureau of Health Education (9F00)

(1) Provides leadership and direction to a comprehensive national health edu­cation program for the prevention of disease, disability, premature death, and undesirable and unnecessary health problems; (2) recommends health edu­cation goals, objectives, and priorities for the Department of Health, Education, and Welfare; and develops collaborative efforts to accomplish health education objectives; (3) coordinates major health education activities of the Department;(4) develops and evaluates standards, criteria, and methodologies for improved health education programs; (5) serves as a clearinghouse on health education; (6) working with and through the Regional Offices, encourages and assists in the broader application of effective health

' education programs at the State and community level; (7) develops mecha­nisms for coordinating health education activities of the private sector; (8) par­ticipates in, and provides staff support for, the Intradepartmental Health Edu­

cation Board; (9) provides leadership and direction for a national program to reduce death and disability due to smok­ing; (10) maintains liaison with other Federal agencies and with public and private organizations engaged in health education activities.

Office of the Director (9F01) . (1) Plans, directs, coordinates, and evaluates activities of the Bureau; (2) provides leadership and guidance in policy formu­lation and program planning and de­velopment; (3) participates in, and pro­vides staff support for, the Intradepart­mental Health Education Board; (4) de­velops mechanisms - for coordinating health education activities of the private sector; (5) provides consultation and as­sistance to CDC organizations in develop­ing and implementing health education activities; (6) maintains liaison with other Federal agencies engaged in health education activities; <7) provides overall administrative services to the Bureau.

National Clearinghouse for SmoJcing and Health (9F41). (1) Administers a national program to reduce death and disability due to smoking; (2) develops standards, criteria, and methodologies for improved health education programs; and evaluates effectiveness of selected ongoing programs; (3) serves as a clear­inghouse on health education; collects and disseminates information about ef­fective techniques, strategies, and ap­proaches; and handles health education inquiries; (4) conducts and stimulates behavioral research; (5) coordinates De­partment activities related to smoking and health, and maintains liaison with official and voluntary groups concerned with the problem of smoking; (6) con­ducts surveys to assess the incidence of smoking.

Community Program Development Di­vision (.9F45'). (1) Develops, conducts, and evaluates health education demon­stration projects, in cooperation with State and local health departments and with public and private organizations, to develop and apply effective, compre­hensive programs in selected communi­ties; (2) develops and applies new com­binations of approaches and methods to unmet public health education needs.

Professional Services and Consultation Division (9F49) . (1) Provides technical advice and consultation to State and local health agencies, and to public and private organizations in planning and imple­menting health education activities;(2) working with and through the Regional Offices, encourages and assists in the broader application of effective health education programs at the State and community level; (3) assists the Office of the Bureau Director in coordi­nating health education activities of the private sector.

2. Delete the chapter entitled “ National Clearinghouse for Smoking and Health (9S00)

Dated: September 16, 1974.John O ttina,

Assistant Secretary for Administration and Management.

- [FR Doc.74-22089 Filed 9-23-74;8:45 am]

FEDERAL REGISTER, VOL. 39^ N O . 186— TUESDAY, SEPTEMBER 24, 1974

34316 NOTICES

FOOD AND DRUG ADMINISTRATIONStatement of Organization, Functions,

and Delegations of AuthorityPart 6 (Pood and Drug Administra­tion) of the Statement of Organization, Functions, and Delegations of Authority of the Department of Health, Education, and Welfare (35 FR 3685-92, dated Feb­ruary 25, 1970, as amended) is amended to reflect the reorganization of the Bu­reau of Drugs:

Section 6-B is amended as follows:Sec. 6-B Organization. * * *

* * * * *

(1) Bureau of drugs (6A11). Develops FDA policy with regard to the safety, ef­fectiveness, and labeling of all drugs for human use.

Reviews and evaluates new drug ap­plications (NDA’s) and notices of claimed investigational exemption for new drugs (IND’s ) . Develops and imple­ments standards for the safety and ef­fectiveness of all over-the-counter (OTC) drugs.

Monitors the quality of marketed drugs through product testing, surveillance, and compliance programs.

Develops and promulgates guidelines on current good manufacturing practices for use by the drug industry.

Develops and disseminates informa­tion and educational material dealing with drugs to the medical community and the public in coordination with the Of­fice of Professional and Consumer Pro­grams:

Conducts research and develops scientific standards on the composition, quality, safety, and efficacy of human drugs.

Collects and evaluates information on the effects and use trends of marketed drugs.

Monitors prescription drug advertising and promotional labeling to assure their accuracy and integrity.

Analyzes data on accidental poison­ings; disseminates toxicity and treat­ment information on household products and medicines,

Evaluates applications for operation of methadone treatment centers and other activities using . methadone or other drugs.

Directs the FDA antibiotic and insulin certification program.

(1-1) Office of the Director (6A1101). Develops FDA human drug policy and provides executive direction to Bureau scientific and regulatory programs and activities.

Develops and implements regulatory policy regarding human drugs.

Provides advice and expertise to the Commissioner and the Department on all human drug matters.

Promotes collaboration and exchange of drug information with scientists and scientific bodies.

Coordinates with other bureaus on scientific and technical programs.

Recommends to the Office of the Com­missioner new and revised legislation and participates in the preparation of legis­

lative proposals and testimony for pres­entation at congressional hearings.

Develops and interprets compliance and surveillance programs and current good manufacturing practices.

Coordinates the Bureau’s intramural and extramural scientific and regulatory programs within FDA.

Develops and implements Bureau pro­gram and resource plans. Evaluates the effectiveness of Bureau operating pro­grams.

Provides overall direction to the Bu­reau’s utilization of research grants and research and service contracts program.

(1-1-i) Office of Planning and Evalua­tion (6A11012). Advises and assists the Bureau Director and other key Bureau officials regarding strategic and opera­tional planning and substantive program policy development.

Develops and implements Bureau plan­ning and programming strategy and the annual budget.

Identifies operational goals and eval­uation measures; develops and applies appropriate effectiveness measures to Bureau programs.

Provides planning and evaluation con­sulting services to Bureau program and management officials.

Represents the Bureau in matters re­lated to planning and evaluation within FDA and with Federal agencies and the regulated industries.

Develops policy and provides tech­nical and professional services to the Bureau’s contract and grant program including the Bureau Contract and Grant Review Committee.

Develops compliance and surveillance programs for field implementation, in­cluding appropriate evaluation and re­porting requirements.

Plans allocations of field resources and monitors the status of implementation of plans.

Acts as the Director’s principal ad­visor and coordinator for Bureau posi­tion allocations, financial management, contract and grant program, and field resources; develops and implements re­lated plans.

Directs Bureau program management system operations including goal-setting, performance review, and related utiliza­tion reporting systems.

(1-2-i) Division of OTC Drug Evalua­tion (6A11022). Identifies and classifies over-the-counter (OTC) drugs into categories for review by appropriate panels; coordinates the collection of safety and effectiveness data on drugs to be reviewed.

Coordinates the establishment of, and provides technical and clerical support to, OTC advisory panels which make recommendations on standards for^OTC drugs.

Receives, controls, and screens all OTC drug submissions including protocols; notifies sponsor of inadequate or defi­cient data; schedules and participates in industry/agency conferences.

Notifies Bureau components of OTC panel recommendations ; obtains concur­rence for final OTC recommendations

from respective reviewing Bureau com­ponents.

Provides information regarding OTC advisory panel activities; assists in pre­paring official summary minutes, infor­mation memoranda, panel reports, and drug monographs.

Recommends Bureau actions based on OTC advisory panel evaluations.

Coordinates the development of each proposed, tentative final, and final drug monograph; provides technical assist­ance to the Associate Director for Com­pliance as required in implementing final drug monographs.

Develops and implements, in coordi­nation with the Office of Professional and Consumer Programs, consumer and pro­fessional educational programs includ­ing formal presentations relating to the OTC drug program; participates in agency sponsored OTC drug consumer education programs.

(1-2-ii) Division of Biopharmaceutics (6A11023). Evaluates bioavailability and pharmacokinetic protocols and data in notices of claimed investigational ex­emption for new drugs (IND’s ) , abbrevi­ated new drug applications (ANDA’s), new drug applications (NDA’s), anti­biotic applications (Forms 5 and 6) and their supplements and amendments.

Approves, disapproves, or recommends new bioavailability and pharmacokinetic studies and/or protocols.

Identifies potential bioavailability problems and prepares protocols and guidelines for conducting bioavailability studies.

Reviews and evaluates drug disposi­tion data, dosing regimen, and special­ized drug delivery systems to assure bio­availability of drugs.

Coordinates the establishment of and provides technical and clerical support to biopharmaceutic advisory panels.

Assists in developing or revising drug monographs on the basis of bioavaila­bility data.

Initiates, monitors, and conducts in­tramural biopharmaceutic research; identifies extramural research needs; initiates, monitors, and coordinates ex­tramural research contracts with in- house activities.

(1-2-iii) Division of Generic Drug Monographs (6A11024). Evaluates med­ical and scientific data and determines approvability of original and amended abbreviated new drug applications (ANDA’s), abbreviated antibiotic appli­cations (Forms 6), and their supple­ments.

Recommends withdrawal of approval of ANDA’s.

Coordinates the review of ANDA and abbreviated antibiotic bioavailability protocols and resultant studies with the Division of Biopharmaceutics.

Serves as the primary source for in­formation on current labeling, methods validation, and establishment inspec­tion ' reports of ANDA’s, abbreviated antibiotic applications, and old drug monographs.

Coordinates development of and pro-

FEDERAL REGISTER, VOL. 39, N O . 186— TUESDAY, SEPTEMBER 24, 1974

NOTICES 34317

vides scientific inputs to generic drug monographs and subsequent revisions.

Evaluates the nonmedical aspects of human drug products in abbreviated antibiotic applications and their sup­plements.

Recommends an d reviews regulations concerning h u m a n antib iotic products.

(1-3-i) Division of Biometrics (6A11032). Provides comprehensive sta­tistical and biomathematical services to Bureau programs.

Conducts research and development in statistical, biomathematical and other scientific decision-making methodolo­gies.

Evaluates and applies new statistical methodologies in support of scientific decisions.

Develops statistical methodologies for analyzing epidemiological data and col­laborates with other Bureau units on such methodologies to be used in intra­mural and extramural programs.

Develops computational computer pro­grams.

(1-3-ii) Division of Poison Control (6A11033). Promotes the establishment of and provides technical support to State and local governments in the cre­ation and maintenance of poison control centers. Furnishes information to such centers concerning the treatment of toxic, hazardous, and caustic substances that may be ingested.

Collects, evaluates, and disseminates clinical and statistical data concerning the toxic effects of drugs, chemicals, and hazardous household substances on hu­mans and animals.

Evaluates reports on injuries and fa­talities resulting from accidental inges­tion of household substances, medicines, and other chemicals; identifies cases of special interest and pursues further field investigations.

Analyzes data to determine products causing injuries to children and recom­mends within FDA and to the Consumer Product Safety Commission those drugs and substances requiring child-resistant packaging or special precautionary labeling as required by Federal legisla­tion.

Conducts and supports research on treatment of ingested toxic substances, on product modifications considered necessary to reduce their injury-produc­ing characteristics, and on prevention techniques.

Provides medical support in develop­ing warning and first aid statements for hazardous and potentially hazardous substances. .

Develops and implements, in coordi­nation with the Office of Professional and Consumer Programs, education and information programs designed to re­duce accidental poisonings.

(1-3-iii) Division of Drug Experience (6A11034). Develops and implements systems for the acquisition of data con­cerning drug experiences and drug use trends; evaluates and disseminates such mformation to the Bureau and other organizations within FDA. Plans and conducts the research and development activities to evaluate and determine

optimal media and techniques to meet the needs of health professionals and consumers concerning drug usage infor­mation.

Develops and monitors contracts to acquire drug experience data.

Evaluates socioeconomic implications of drug usage information.

Participates in World Health Organi­zation programs to implement an inter­national drug monitoring system.

(i_4—i) Division of Methadone Moni­toring (6A11046). Develops the basic strategy for and approves, directs, co­ordinates, and monitors compliance programs for drugs requiring special controls over the conditions of use.

Evaluates field report submissions, in­cluding inspections, investigations, and recommendations for compliance ac­tions; recommends, directs, and/or co­ordinates case development and con­tested case assistance in the handling of compliance actions.

Evaluates applications for the estab­lishment of treatment centers and other activities which plan to use methadone or other drugs requiring special controls over the conditions of use; monitors^ and evaluates the medical and scientific quality of the treatment centers.

Develops and/or reviews regulations to control and monitor the usage of metha­done and other such drugs.

Coordinates drug use monitoring pro­grams with Federal, State, and local agencies.

Conducts training seminars for indus­try and Federal, State, and local health officials on drug usage control practices in coordination with the Executive Di­rector of Regional Operations.

Develops and monitors special investi­gations involving drug usage and/or false or fraudulent statements or entries.

(1—4—ii) Division of Drug Product Quality (6A11047). Develops the basic strategy for and approves, directs, co­ordinates, and monitors compliance pro­grams issued in the areas of product quality assurance (other than manufac­turing) , product surveillance, and anti­biotic and insulin certification.

Evaluates field report submissions, in­cluding inspections, investigations, and recommendations for compliance ac­tions; recommends, directs, and/or co­ordinates case development and con­tested case assistance in the handling of compliance actions regarding drug prod­uct quality.

Plans, develops, and maintains a product quality surveillance system.

Coordinates, evaluates, and monitors all incoming product quality surveillance data concerning product defects, prob­lems, developments, and trends within the drug industry; advises and coordi­nates data with other Bureau compo­nents with regard to their current pro­grams. Identifies new areas for potential FDA responsibility or action.

Certifies batches of insulin and anti­biotics; issues exemptions when appro­priate.

( l—4—iii) Division of Drug Labeling Compliance (6A11048). Develops the basic strategy for and approves, directs,

coordinates, and monitors compliance . programs issued to implement NAS/NRC Drug Efficacy Study Implementation (DESI) announcements, OTC and other drug monographs, and for drugs not cov­ered under specific regulations or an­nouncements.

Evaluates field report submissions, in­cluding inspections, investigations, and recommendations for compliance ac­tions; recommends, directs, and/or co­ordinates case development and con­tested case assistance in the handling of compliance actions regarding drug labeling compliance.

Notifies firms regarding the status of their drugs under specific DESI an­nouncements and OTC and other drug monographs.

Directs the FDA Drug Product Listing and Establishment Registration pro­gram.

(1-4-iv) Division of Drug Manufac­turing (6A11049). Develops the basic strategy for and approves, directs, co­ordinates, and monitors compliance pro­grams issued with regard to drug manu­facturing practices.

Evaluates field report submissions, in­cluding inspections, investigations, and recommendations for compliance ac­tions; recommends, directs, and/or co­ordinates case development and con­tested case assistance in the handling of compliance actions regarding drug manufacturing problems.

Develops, coordinates, reviews, and revises. current good manufacturing practice (CGMP) regulations; provides for their uniform interpretation.

Serves as the primary source of in­formation concerning compliance by in­dividual firms with CGMP in connection with NDA’s, ANDA’s, supplements, and antibiotic and insulin certification evaluations.

Promotes a better understanding of the requirements and objectives of the laws and regulations regarding CGMP and encourages compliance on a volun­tary basis; plans and conducts educa­tional and informational activities in conjunction with other agency units, trade associations, and academic groups.

(1-5-i) Division of Drug Biology (6A11052). Provides expert advice to the drug review divisions and other scientific and regulatory units of the Bureau on drug pharmacology and toxicology.

Plans and conducts research to inves­tigate the utility of diverse animal and biochemical systems for the assay of drug products. Performs bioassays by official and nonofficial methods to determine drug potency including testing insulin for the certification program.

Correlates bioanalytioal findings with results of newly devised physicochemical methods of drug analysis in conjunction with the Division of Drug Chemistry.

Plans and conducts research to deter­mine the nature, extent, and significance of microbial and other microscopic con­taminants in drugs and investigates their effects in microbiological systems.

Devises microanalytical and biological methods for the study and analysis of drugs.

FEDERAL REGISTER, VOL. 39, NO. 186— TUESDAY, SEPTEMBER 24, 1974

34318 NOTICES

Plans and conducts research to inves­tigate the nature and properties of phar­macologically significant substances in drugs and investigates their effects in biological systems.

Conducts research to investigate the metabolism of drugs, the mechanisms and identity of adverse drug reactions, the interactions between drugs and be­tween drugs and chemicals in the envi­ronment, the neuroendocrine relation­ships; and the effects of drugs on behavior.

(1—5—ii) Division of Drug Chemistry (6A11053). Provides expert advice to the drug review divisions and other scientific and regulatory units of the Bureau on the chemistry of drugs and the methods of physiocochemical identification of drugs and conducts special investiga­tions upon request.

Appraises and improves current and proposed drug standards and specifica­tions; validates NDA analytical proce­dures and reviews validation data from field laboratories. i

Investigates the principles underlying the chemical reactions employed in the analysis of drugs.

Proposes and establishes specifications to standardize drugs and reference sub­stances and cooperates with the United States Pharmacopoeia (USP), the Na­tional Formulary (NF), and the Associa­tion of Official Analytical Chemists (AOAC), in preparing official drug mono­graphs which incorporate these specifi­cations.

Participates in collaborative studies to test the validity of analytical methods proposed for adoption by the USP, NF, and AOAC.

Plans and conducts research to devise new methods to detect, isolate, and dis­close the chemical nature of potent and toxic substances occurring in drug products.

Plans and conducts research to investi­gate the utility of electronic, optical, radiometric, and other physicochemical instruments for the analysis of drugs.

Devises new methods for the examina­tion of indvidual drugs that present ana­lytical problems in accept«! procedures and for the examination of minute drug quantities; subjects these new methods to collaborative study.

(1-5-iii) National Center for Anti­biotics Analysis (6A11054). Tests large numbers of antibiotics samples obtained through the certification program, sur­veillance programs, or other Federal agencies; provides expert advice on the analysis of the samples to the review divisions and other scientific and regula­tory units of the Bureau.

Plans and conducts research on new and improved methods for the rapid analysis of large numbers of antibiotic samples and for the examination of in­dividual antibiotics; subjects these new methods to collaborative study.

Devises and applies new methods for the analysis of antibiotic residues in tissues, body fluids, and other sub­stances.

Participates in collaborative studies to test the validity of analytical meth­ods proposed for adoption by the United States Pharmacopoeia (USP), National Formulary (NF), and Associ­ation of Official Analytical Chemists (AOAC), or in Antibiotic Forms 5 and 6.

Reviews and validates the analytical procedures included in Antibiotic Forms 5 and 6; assists in developing monographs for inclusion in the Code of Federal Regulations.

Cooperates with the World Health Organization, USP, and NF in testing and establishing reference standard drug substances for use in antibiotic analysis.

Tests, establishes, and maintains a collection of authenticated official anti­biotic reference standard drug sub­stances for distribution to FDA field laboratories, other Federal agencies, and to industry participants in the anti­biotic and insulin certification program.

(1-5-iv) National Center for Drug Analysis (6A11055). Tests large num­bers of drug samples obtained through surveillance programs, FDA field con­sumer safety officers, and other Federal agencies to obtain drug analysis data . for use by the review divisions and other scientific and regulatory units of the Bureau.

Devises new automated methods for the rapid analysis of large numbers of drug dosage forms; establishes and., maintains the Drug Auto Analysis Manual.

Devises new methods and develops and/or acquires new equipment for the examination of individual drugs which present analytical problems in accepted procedures and new methods for the analysis of minute drug quantities of single dosage entities; subjects these new methods to collaborative study.

Participates in collaborative studies to test the validity of analytical meth­ods proposed for adoption by the United States Pharmacopoeia (USP), National Formulary (NF), and Associ­ation of Official Analytical Chemists (AOAC).

Cooperates with the USP and NF in testing drug reference substances (other than antibiotics) for compliance with specifications.

(1-6-i) Division o f Anti-Infective Drug Products (6A11062). Performs the following IND/NDA review process with regard to anti-infective, dermatologic, ophthalmologic, and antibiotic drug products, develops related policy apply­ing to this category of drug products:

Reviews notices of claimed investiga­tional exemption for new drugs (IND’s) and recommends action including ap­proval of research plans and protocols, modifications, and restrictions, or dis­approval.

Evaluates for safety and effective­ness, new drug applications (NDA's) submitted by manufacturers for per- misson to market new drugs.

Evaluates adequacy of directions for use and warnings in proposed labeling.

Conducts continuing surveillance and medical evaluation of the labeling, clini­cal experience, and reports, submitted by an applicant under the records and reports requirements, of all drugs for which an approved NDA is in effect.

Evaluates manufacturing and labor­atory methods, facilities, and controls exercised in firms producing new drugs.

Makes recommendations concerning withdrawal of approval of NDA’s.

Provides advice and serves as the pri­mary source of information within FDA op anti-infective, dermatologic, ophthalmologic, and antibiotic drug products with regard to the status of these drug applications, existing policy decisions, proposed regulatory actions, and the state of product development.

(1—6—ii) Divsion of Cardio-Renal Drug Products (6A11063). Performs the same functions as described above <1- 6-i) with regard to cardiac, anti-hyper- tensive/renal, and gastro-intestinal drug products.

(1-6-iii) Division of Surgical-Dental Drug Products (6A11064). Performs the same functions as described above (1- 6-i) with regard to surgical, dental, and pulmonary-anesthesia drug products.

(1-6-iv) Division of Metabolism and Endocrine Drug Products (6A11065). Performs the same functions as described above (1-6-i) with regard to obstetric, gynecological, and all other metabolic and endocrine drug products.

(1-6-v) Division of Neuropharmaco« logical Drug Products (6A11066). Per­forms the same functions as described above (1-6-i) with regard to neurologi­cal, psychopharmacological, and drug abuse drug products.

Serves as the FDA resource on drug abuse information. Evaluates Investiga­tional and marketed drugs for abuse po­tential as requested by IND/NDA review staffs. Recommends special studies or safeguards. Recommends drugs for addi­tion to, removal from, or transfer within schedules provided by the Comprehen­sive Drug Abuse Prevention and Control Act of 1970.

(1-6-vi) Division of Oncology and Radiopharmaceutical Drug Products (6A11067). Performs the same func­tions as described above (1-6-i) with regard to oncology, radiopharmaceutical, and anti-inflammatory drug products.

(1-6-vii) Division of Drug Advertising (6A11069). Monitors and evaluates pre­scription drug promotional material, ad­vertisements, practices, and related labeling.

Provides guidance and support in for­mulation of policy, regulations, and ad­visory opinions in advertising and pro* motional labeling.

Initiates or recommends administra­tive action to remedy violative advertis­ing and promotional labeling; recom­mends field investigations; assists in the preparation of prospective cases. Pro­vides training for Bureau and agency

FEDERAL REGISTER, V O L 39, NO. 186— TUESDAY, SEPTEMBER 24, 1974

NOTICES 34319

personnel in drug promotional literature and practices.

(1-7-i) Division of Drug Information Resources (6A11072). Operates systems for the collection, processing, and re­trieval of information required to meet research and operating needs.

Reviews, abstracts, an d retrieves scien­tific and technical in fo rm a tio n contained i: drug applications an d o th e r scientific documents.

Provides d a ta in p u t services w ith in the Bureau a n d coordinates operational data processing activities. >

Creates a n d m a in ta in s data files fo r medical and scientific purposes.

(1-7-ii) Division of Information Sys­tems Design (6A11073). Designs, imple­ments, and monitors management and ecientific/technical information systems for the Bureau.

Establishes and monitors implementa­tion of Bureau policies regarding all Bu­reau automated data processing activi­ties including planning, contracts, equip­ment and software procurement, train­ing, and utilization of automatic data processing (ADP) systems and facilities.

Serves as the Bureau point of con­tact with the agency’s ADP operations.

Develops dictionaries, listings of terms, and thesauri to assure standardization of terminology within Bureau information systems. *

Maintains overall Bureau responsibil­ity for the PDA Chemical Structure Pile and conducts research on the design of systems and routines for chemical sub­structure searching.

(1-7-iii) Medical Library (6A11074). Acquires, catalogs, and disseminates pharmaco-medical and scientific infor­mation for use by Bureau and PDA sci­entists and administrators.

Provides manual and automated serv­ices in support of compiling and dis­seminating medical and scientific inform mation.

Serves as liaison with drug informa­tion centers outside of FDA such as the National Library of Medicine.

* * • * * These functional statements supersede

the previous functional statements for the entire Bureau of Drugs published in 37 PR 4972, March 8, 1972, and 38 FR 13574, May 23,1973.

Effective Date. This order shall be ef­fective September 24,1974.

Dated: September 16,1974.John Ottina,

Assistant Secretary for Administration and Management.

[PR Doc.74-22088 Piled 9-23-74;8:45 am]

Social and Rehabilitation ServiceWORK INCENTIVES— SOCIAL AND

SUPPORTIVE SERVICESImposition of Interim Limits of Entitlement

Notice is hereby given that, in order to insure that the Federal financial partici­pation in expenditures under the work Incentive Program—“WIN”—to States Pursuant to sections 402(a) (19) (G) and

403(d) of the Social Security Act, 42 U.S.C. 602(a) (19) (G) and 603(d), for the period from July 1,1974 to December 31, 1974 does not exceed funds available therefor under Public Law 93-324, limits of entitlement for each State are hereby established. The semiannual limits of entitlement published below are an in­terim measure. At such time as the De­partment’s regular appropriation for Fiscal Year 1975 is enacted into law, the Department intends to publish a notice establishing the annual limit of entitle­ment for each State for the entire Fiscal Year 1975. Such annual limits of entitle­ment will replace and supersede the semiannual limits of entitlement pub­lished herein. While the semiannual limits herein promulgated remain in effect, requests for Federal financial par­ticipation in expenditures incurred pur­suant to section 402(a) (19) (G) of the Social Security Act, 42 U.S.C. 602(a) (19) (G ), in the period from July 1, 1974 to December 31, 1974, will not be honored to the extent they exceed the limits promulgated herein.

The semiannual limits of entitlement have been calculated so as to provide each State with an amount equal to that proportion of $47,000,000 (the amount available for WIN social and supportive services under Pub. L. 93-324) which such State’s program costs under sec­tion 402(a) (19) (G) of the Social Se­curity Act, 42 U.S.C. 602(a) (19) (G), during the first three quarters of Fiscal Year 1974 bear to the total of such pro­gram costs by all States as reflected on the quarterly statements of expenditures reported by the States.

The limits of entitlement for each State for child care, other supportive services and administration under sec­tion 402(a) (19) (G) of the Social Se­curity Act, 42 U.S.C. 602(a) (19) (G), for the period from July 1,1974 to December 31,1974 are as follows:

J u l y 1, 1974, t o D ec em ber - 31, 1974, L im it of E n t it l e m e n t

State:A labam a-------------------------- $644, 750Alaska _________ 210, 968A rizon a______________________ 432, 544Arkansas__!___________________ 303, 035California ___________________ 2, 251,16ÌColorado __----- ------------------------ 553,802Connecticut_________________ .— 638, 614Delaware___ _________ 194, 045District of Columbia____ ______ 784,837Florida _____________ 1_________ 1,209,158G eorgia---- -----------------------------1,910, 333Hawaii --------- ---------------.—- 134,299Idaho ------------------------------ -—- 322,058Illinois ______________1—-------- 1, 051, 547Indiana______________________ 439, 295Iow a _________________________ - 477,194Kansas ____ —------___________ ._ 301, 237Kentucky ________________ 664, 065Louisiana______________ ,_____ 490,994Maine ___ ___________________ 308,003Maryland _______ . . . —_— — 1,043, 713Massachusetts_______ _________ 646,112Michigan ___ - — ------------------- 5, 753,153Minnesota _______________ - —- 822, 628Mississippi__ ____________—— 212, 568Missouri -,__ _______—_______w 949, 430M ontana_______ — 229, 598Nebraska ____ 229, 644Nevada ______________________ 19,981New Hampshire___ __________ 68,371New Jersey___ _—- 3,295, 636

State:New Mexico----------- 181,462New York________ ______________ 7,460, 778North Carolina--------- — ----------- 469, 384North Dakota__________________ 105,966Ohio _______•_________________ _ 852,195Oklahoma ______ _______________ 393,351Oregon ____ __________________ _ 1,411,172Pennsylvania ________ - ______ - 1,128,353Rhode Island__________________ 367, 092South Carolina________ ___.____ 549,363South Dakota_______________ 145, 456Tennessee____________________ _ 624,970T e x a s __________________________ 1,437,378U ta h ______________________ 318, 611Vermont _____ _________________ 328, 313Virginia ________________ 698, 468W ash ington ___________________ 1,094, 257West Virginia_______ 693,256W iscon sin ________ _________ ___ 1, 550, 533W yom ing_______________________ 50, 808G u a m _______ 12,590Puerto R ico____________________ 514,294Virgin Islands__________________ ‘ 9, 177Dated: September 19,1974.

James S. Dw ight , Jr., Administrator, Social and

Rehabilitation Service. [FR Doc.74-22150 Filed 9-23-74;8:45 am]

Social and Rehabilitation Service CUBAN REFUGEE PROGRAM

Suspension of Phaseout of Federal Reimbursement to States

Notice of the phaseout of Federal Cuban Refugee Program reimburse­ments to the States, under the Migration and Refugee Assistance Act of 1962 (Pub. L. 87-510), was published in the F ederal R egister of June 7, 1974 (39 FR 20222), effective July 1, 1974.

Subsequent to the publication of the phaseout notice, Congress passed and the President approved Pub. L. 93-324 (Continuing Appropriations) which au­thorizes expenditures for the Cuban Refugee Program at a nonphaseout level.

In light of the Congressional action, the Secretary has decided to continue the program on the previous basis until further notice. Therefore the notice of June 7 is suspended, and States may, without interruption, continue to claim reimbursement of assistance to Cuban refugees in accordance with the eligi­bility and reimbursement policies in ef­fect prior to July 1, 1974.

Dated: September 18, 1974.James S. D wight Jr.,

Administrator, Social and Rehabilitation Service.

[FR Doc.74-22087 Filed 9-23-74;8:45 am]

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration [FRA Docket No. RST-1; Waiver Petition

No. 181NORWOOD & ST. LAWRENCE RAILROAD

CO.

Petition for Waiver of Track Safety Standards

Notice is hereby given that the Nor­wood and St. Lawrence Railroad Com-

FEDERAL REGISTER, VOL. 39, NO. 186— TUESDAY, SEPTEMBER 24, 1974

34320 NOTICES

pany has petitioned the Federal Rail­road Administration (FRA) for a tem­porary waiver of compliance with §! 213.33, 213.37 <a),(b),and (c ) ,213.109 (c) and 213.137 of the FRA Track Safety Standards (49 CFR 213.33,213.37(a), (b ), and (c), 213.109(c) and 213.137) for one year or until its abandonment applica­tion pending before the Interstate Com­merce Commission is decided (ICC Docket No. AB-81).

Hie trackage for which a waiver is requested extends from Norfolk to Wad- dington, New York, a distance of 14 miles. The petitioner states that from December 1 to May 1, no operations are conducted over this trackage due to heavy snow and the high cost of snow removal. During the remainder of the year, an average of one car per week is hauled to the only shipper located on this trackage.

Interested persons are invited to par­ticipate in this proceeding by submitting written data, views, or comments. Com­munications should identify the proceed­ing (RST-1; Waiver Petition No. 18) and should be addressed to the Docket Clerk, Office of Chief Counsel, Federal Railroad Administration, 400 Seventh Street, SW, Washington, D.C. 20590. Communications received prior to Octo­ber 24, 1974 will be considered before action is taken on this petition.

This petition and all comments re­ceived will be available for examination by interestd persons at any time during normal businss hours in Room 5101, Nas- sif Building, 400 Seventh Street, SW, Washington, D.C.

This notice is issued under the author­ity of sections 202 and 209 of the Federal Railroad Safety Act of 1970, 84 Stat. 971, 975; 45 TLS.C. 431 and 438 and § 1.49 (n) of the regulations of the Office of the Secretary of Transportation; 49 CFR 1.49 (n).

Issued in Washington, D.C. on Septem­ber 18,1974.

D onald W. B e n n e t t , Chief Counsel.

[FR Doc.74—22078 Filed 9-23-74;8:45 am]

ACTIONINTERIOR BOARD OF CONTRACT

APPEALSDesignation to Hear and Determine Appeals Under ACTION Contracts

1. The Interior Board of Contract Ap­peals is hereby designated the authorized representative of the Director of AC­TION in hearing, considering and deter­mining as fully and finally as might the Director, appeals by contractors from decisions on disputed questions taken pursuant to the provisions of contracts requiring the determination of such ap­peals by the Director or his duly author­ized representative or Board.

2. In acting under this designation, the Interior Board of Contract Appeals will follow such rules and procedures as it

follows ami as are or may be prescribed for the determination of the Department of Interior contract appeals cases <43 CFR Part 4).

3. The General Counsel of ACTION will assure representation of the inter­ests of the Government in proceedings before the Interior Board of Contract Appeals.

4. All officers and employees of AC­TION will cooperate with the Interior Board of Contract Appeals and Govern­ment counsel in the processing of appeals so as to assure their speedy and just determination.

5. This designation will apply to all appeals pending under contracts let by ACTION and not finally determined by the Director as of its date and to all appeals which may thereafter arise under ACTION contracts.

M ic h a e l P. B a lzan o , Jr., Director.

September 16, 1974.[FR Doc.74-22174 Filed 9-23-74;8:45 am]

ATOMIC ENERGY COMMISSION /ADVISORY COM M ITTEE ON REACTOR

SAFEGUARDS' SUBCOM M ITTEE ON ST.LUCIE NUCLEAR GENERATING STA­TIO N , U N IT 1

Rescheduling of MeetingS e p te m b e r 19, 1974.

The meeting of the Advisory Commit­tee on Reactor Safeguards’ Subcommit­tee on St. Lucie Nuclear Generating Sta­tion, Unit 1, originally scheduled for October 8,1974, notice of which was pub­lished at 39 FR 32775, September 11,1974, has been rescheduled for November 12,1974. The time and place for the meet­ing remain unchanged from the original notice.

The following additional changes are made concerning the original meeting notice:

(a) Written statements submitted on the agenda item should be postmarked no later than November 5, 1974.

(b) The time set aside for oral state­ments will be November 12, 1974, vice October 8,1974.

(c) Calls to the Office o f the Execu­tive Secretary regarding cancellation or rescheduling should be made by prepaid telephone call on November 11,1974.

<d) Copies of the transcript of the open portion of the meeting will be avail­able after November 14,1974.

(e) Copies of the minutes of the meet­ing will be available after February 12,1975.

All other aspects of the original not­ice for the meeting remain unchanged, and the determination made to close spe­cific portions of the meeting is applicable to the rescheduled meeting.

J o s ep h B . L aG r o ne,Acting Advisory Committee

Management Officer.|FB Doc.74-22159 Filed 9-23-74;8:45 am]

ADVISORY COM M ITTEE ON REACTORSAFEGUARDS' SUBCOM M ITTEE ON STLUCIE NUCLEAR GENERATING STA­TION , U N IT 2

Rescheduling of MeetingS e p te m b e r 19, 1974.

The meeting of the Advisory Commit­tee on Reactor Safeguards’ Subcommit­tee on St. Lucie Nuclear Generating s t a ­tion, Unit 2, originally scheduled for Oc­tober 9, 1974, notice of which was pub­lished at 39 FR 32776, September 11,1974, has been rescheduled for November 13,1974. The time and place for the meet­ing remain unchanged from the original notice.

The following additional changes are made concerning the original meeting notice;

(a) Written statements submitted on the agenda item should be postmarked no later than November 6,1974.

(b) The time set aside for oral state­ments will be November 13, 1974, vice October 9, 1974.

(c) Calls to the Office o f the Executive Secretary regarding cancellation or re­scheduling should be made by prepaid telephone call on November 12, 1974.

(d) Copies of tiie transcript o f the open portion of the meeting will be available after November 15,1974.

(e) Copies of the minutes of the meet­ing will be available after February 13,1975.

All other aspects of the original notice for the meeting remain unchanged, and the determination made to close spe­cific portions of the meeting is applicable to the rescheduled meeting.

J o s ep h B . L aG r o ne, Acting Advisory Committee,

Management Officer.[FR Doc.74-22158 Filed 9-23-74;8:45 am]

[Docket Nos. 50-438, 50-439]

TENNESSEE VALLEY AUTHORITY Limited Work Authorization

Pursuant to the provisions of 10 CFR § 50.10(e) of the Atomic Energy Commis­sion’s (Commission) regulations, the Commission has authorized the Tennes­see Valley Authority to conduct certain site activities in connection with the Bel- lefonte Nuclear Plant, Units 1 and 2, prior to a decision regarding the issu­ance of construction permits.

The activities that are authorized are within the scope of those authorized by 10 CFR 50.10(e) (1) and specifically in­clude the following:

A. Construction plant. 1. Move and set office and shop trailers and vans on site including utility services.

2. Upgrade roads on site including drainage structures.

3. Clear and grid) construction plant areas including roads, railroads, shops, offices, storage, dock, utilities, drainage structures, holding ponds, and parking areas.

FEDERAL REGISTER, VOL. 39, N O . 186— TUESDAY, SEPTEMBER 24, 1974

NOTICES 34321

4. Grade and surface with crushed stone as appropriate construction plant areas including roads, railroads, shops, offices, storage, dock, utilities, drainage structures, holding ponds, and parkingareas.

5. Receive both permanent and con­struction plant materials and equipment and store and/or handle as appropriate.

6. Erect construction dock at river in­cluding dredging and erection of sheet pile cells and equipment handling crane.

7. Install electrical, telephone, air and water utilities including electrical sub­station, elevated water tank, pumping station, and sewage facilities.

8. Place concrete or other type founda­tions as appropriate and erect shops. Of­fices, trailers, concrete mixing plant, and fuel and water tanks and pumps with protective dikes.

9. Install protective fencing.10. Clear, grub, and construct 46-kV

electrical feeder line from existing trans­mission line west of U.S. Highway 72 to construction substation.

11. Clear, grade, and install telephone and potable water lines from offsite to project facilities.

B. Permanent features. 1. Clear and grub for powerhouse and general yard including reactor, auxiliary, diesel gen­erator, office and service bay, and tur­bine room buildings, switchyards, cool­ing tower and yard drainage pond areas.

2. Excavate both earth and rock from the above areas as applicable.

3. Place useable dirt excavation or bor­row material as fill in switchyard or other fill areas and the unusable mate­rial to spoil areas.

4. Place excavated rock either in stor­age or use as appropriate for road beds, fill, etc.

5. Clear, grub, grade, and build per­manent railroad to plant including inter­change yard near Hollywood, Alabama.

6. Clear, grub, grade, and construct access road from U.S. Highway 72 to vicinity of powerhouse including cause­way across Town Creek embayment.

7. Clear, grub, grade, and erect en­vironmental data collecting station in­cluding parking areas, road, and utili­ties.

8. Relocate Shipp Cemetery.The authorization is subject to the fol­

lowing conditions for the protection of the environment:

a. An approved sampling program, as outlined in section 5.4.2.5 and 6.2.1.1 of nie AEC Staffs Final Environmental statement (SFES) will be implemented f ai? .ata necessary for assessment

oi the significance of the loss of icthyo- piankton through entrainment in the proposed intake.

k-.The data obtained in the progr* E * ™ ; in (a) above shall be subm ea to the staff for review on a contin

jSls, an<* shaU form the basis foi i decision on the acceptability of t

intake. The results will be sc J ctea to thorough evaluation and a c ho J*11 hitake acceptability v

* ade ^ .th e basis of a cost-bene wll*ch will include both pi

d losses of fisheries resources on t

entire reservoir and real and projected costs for the plant.

c. The applicant shall not use the broadcase application of herbicides on the right-of-way covered under Step One (section 3.3, SFES) of the transmission line construction plant, (section 5.4.1 and Appendix B, SFES).

The applicant shall conduct studies which will assess the impacts of various alternative methods of transmission line construction and maintenance, and prior to any construction of Steps Two and Three (section 3.3 SFES), the applicant shall submit (1) for staff evaluation the results of these studies and (2) an up­dated version of its proposed clearing and maintenance methods for staff ap­proval. This submittal should include analysis of cost experience factors as well as environmental impacts such as the effects on vegetation, wildlife and soil stability, (sections 4.1.2 and 9.2.4 SFES)

d. Prior to initiating construction of the discharge facility, the applicant shall provide the results of thermal-hydraulic analytical studies and plans for physical modeling experiments to be conducted in support of the final design and loca­tion of the plant cooling water discharge, (sections 5.4.2.3.1 and 9.2.5 SFES)- e. The applicant shall take the neces­sary mitigating actions, including those summarized in section 4.4, SFES, during construction of the plant and associated transmission lines to avoid unnecessary adverse environmental impacts from construction activities.

f * A control program shall be estab­lished by the applicant to provide for a periodic review of all construction activi­ties to assure that those activities con­form to the environmental conditions set forth in the construction permit.

g. Before engaging in a construction activity whieh may result in a significant adverse environmental impaet that was not evaluated or that is significantly greater than that evaluated in the SFES, the applicant shall provide written noti­fication to the Director of Licensing.

h. The applicant may develop either, but not both, of the two alternative access routes to the plant as the permanent plant access road;- provided that approxi­mately 500 acres of land located on the northeast tip of Bellefonte peninsula will be developed as a “ generally dispersed recreation area” as defined in Tennessee Valley Authority’s Recreation Plan Vol­ume 1, Methodology (1973); and that the proposed recreation area will be de­veloped consistent with the maximum “peak hour recreation visits” of approxi­mately 800 visits within a two mile radius of the plant for the life of the facility.

Any activities undertaken pursuant to this authorization are entirely at the risk of the Tennessee Valley Authority and the grant of the authorization has no bearing on the issuance of a construction permit with respect to the requirements of the Atomic Energy Act of 1954, as amended, and rules, and regulations, or orders promulgated pursuant thereto.

An Partial Initial Decision on matters relating to the National Environmental Policy Act and site suitability was issued

by the Atomic Safety and* Licensing Board in the above captioned proceeding on September 6, 1974. A copy of (1) The Partial Initial Decision; (2) the appli­cant’s Preliminary Safety Analysis Re­port and amendments thereto; (3) the applicant’s Environmental Report, and amendments thereto; (4) the staff’s Final Environmental Statement dated June 1974; and (5) the Commission’s letter of authorization, dated September 17, 1974, are available for public inspection at the Commission’s Public Document Room at 1717 H Street, NW, Washington, DC.., and the Scottsboro Public Library, 1002 South Broad Street, Scdttsboro, Alabama 35768.

Dated at Bethesda, Maryland the 17th day of September, 1974.

For the Atomic Energy Commission.W m . H. R egan, Jr.,

Chief, Environmental Projects Branch 4, Directorate of Li­censing.

[FR Doc.74-22139 Filed 9-23-74;8:45 am]

[Docket Nos. 50-259, 50-260]

TENNESSEE VALLEY AUTH O R ITYIssuance of Amendments to Facility

Operating LicensesNotice is hereby given that the U.S.

Atomic Energy Commission (the Com­mission) has issued Amendment No. 5 to Facility Operating License No. DPR- 33 and Amendment No. 2 to Facility Op­erating License No. DPR-52 to the Ten­nessee Valley Authority which revised Technical Specifications for operation of the Browns Ferry Nuclear Plant Units 1 and 2 located in Limestone County, Ala­bama. The amendments are effective as of their dates of issuance.

Amendment No. 5 to (Unit 1) License No. DPR-33 revises the maximum av­erage planar linear heat generation rate (MAPLHGR) curves; and describes modifications pertaining to pipe whip restraints.

Amendment No. 2 to (Unit 2) License No. DPR-52 revises the MAPLHGR curves. The amendments to both licenses incorporate Change No. 6 in the Techni­cal Specifications (Appendix A).

The application for the amendment and supplement thereto comply with the requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission’s rules and regulations. The Commission has made appropriate findings as required by the Act and the Commission’s rules and regulations in 10 CFR Ch. I, which are set forth in the license amendment.

For further details with respect to this action, see (1) the application for amendment dated June 3, 1974 and sup­plement thereto dated June 10,1974; (2) Amendment No. 5 to License No. DPR-33 and Amendment No. 2 to License No. DPR-52, with any attachments; (3) the Commission’s related Safety Evaluation;(4) the Commission’s Technical Report on Densification of General Electric Re-

FEDERAL REGISTER, VOL. 39, NO. 186— TUESDAY, SEPTEMBER 24, 1974

34322 NOTICES

actor Fuels, dated August 28, 1973, and Supplement 1 dated December 14, 1973;(5) Amendment No. 49 to the applica­tion; (6) the report entitled “Conclud­ing Report on the Effects of Postulated Pipe Failure Outside of Containment for Unit 1 of Browns Ferry Nuclear Plant,” transmitted by the licensee’s letter dated November 2, 1973; and (7) the Director­ate of Licensing’s Safety Evaluation and Errata dated June 26, 1972, and Supple­ments 1 through 6 thereto. All of these items are available for public inspection at the Commission’s Public Document Room, 1717 H Street, NW, Washington, D.C. 20545, and at the Athens Public Li­brary, South and Forrest, Athens, Ala­bama 35611.

A copy of items (2), (3)» (4) and (7) may be obtained upon request addressed to the U.S. Atomic Energy Commission, Washington, D.C. 20545. Attention: Dep­uty Director for Reactor Projects, Direc­torate of Licensing-Regulation.

Dated at Bethesda, Maryland, this 17th day of September, 1974.

For the Atomic Energy Commission.J o h n F . S t o l z ,

Chief, Light Water Reactors Project Branch 2-1, Director­ate of Licensing.

[PR Doc.74-22140 Filed 9-23-74;8:45 am]

ADVISORY COM M ITTEE ON REACTOR SAFEGUARDS

Notice of MeetingS e p te m b e r 19,1974.

In accordance with the purposes of Sections 29 and 182 b. of the Atomic Energy Act (42 U.S.C. 2039, 2232 b .), the Advisory Committee on Reactor Safe­guards will hold a meeting on October 10-12,1974, in Room 1046,1717 H Street, NW., Washington, D.C.

The following constitutes that portion of the Committee’s agenda for the above meeting which will be open to the public:

T h u r s d a y , O ctober 10, 19749:15 AM —12:45 P M : 1 :4 5 -2 :45 PM — River

Bend Station Units 1 & 2. The Committee «rill review the application for a construction permit for this facility. The ACRS will hear presentations by and hold discussions with representatives of the AEC Regulatory Staff and the Gulf States Utility Company as part of its review.

Portions of this session will be closed, if required, to discuss proprietary information related to the design, construction and/or operation of this plant and to discuss secu­rity arrangements for this facility. Closed sessions will also be held for Committee de­liberative sessions.

3:15 P M -7 :4 5 PM — Perry Nuclear Plants 1 and 2. The Committee will continue its re­view of the request for a construction per­mit for this facility. Representatives of the AEC Regulatory Staff and the Cleveland Electric Illuminating Company will make presentations to and hold discussion with the Committee. Portions of this session will be closed, if required, to discuss proprietary information related to the design, construc­tion and/or operation of this plant. Closed portions will also be held to discuss secu­rity provisions for this facility and for Com­mittee deliberative sessions.

F r id a y , O ctober 11, 19749:30 A M -1 .0 0 PM — Com anche Peak Steam

Electric Station. The Committee will hear presentations by and hold discussions with representatives of the AEC Regulatory Staff and the Texas Utilities Generating Company with respect to the request for a construction permit for this facility.

Closed sessions will be held, if required, to discuss proprietary information related to the design, construction and/or operation of this facility. Closed sessions will also be held to discuss security arrangements for this facility and for Committee deliberative sessions.

2:00 P M -3 :3 0 PM — M eeting with AEC Regulatory Staff. The Committee will meet with members of the AEC Regulatory Staff to hear presentations on and hold discussions regarding recent reactor operating experience and recent licensing actions.

4:15 P M -8 :3 0 PM — Crystal River Nuclear Plant Unit No. 3. The Committee will meet with representatives of the AEC Regulatory Staff and the Florida Power Corporation as part of its review of the application for an operating license for this facility. Closed portions will be held, if necessary, to discuss proprietary information related to the design, construction and/or operation of this facility. Closed sessions will also be held to discuss security arrangements for this unit and for Committee deliberative sessions.

In the event it is necessary to defer consideration of any of the projects noted above, the Committee will con­sider the following as time permits:

Atlantic Nuclear Generating Station. The Committee will meet with representatives of the AEC Regulatory Staff, the Public Service Electric and Gas Company of New Jersey, and Offshore Power Systems to continue the Committee’s review of the request for a con­struction permit for this facility. This ses­sion will include closed portions, if required, to discuss proprietary information related to the design, construction, and/or operation of this station. Closed portions will also be held, if required, to discuss security arrange­ments for this station and for Committee deliberative sessions.

Clinch River Breeder Reactor. The Com­mittee will hold a pre-application informa­tion meeting on this project. The Committee will hear presentations by and hold discus­sions with representatives of the AEC Regu­latory Staff and the Project Management Corporation pertinent to the design features and current project status and plans related to the application for a construction permit for this plant.

Portions of this session will be closed, if required, to discuss proprietary information related to the design, construction and/or operation of this facility. Closed portions will also be held for Committee deliberative sessions.

It should be noted that, in addition to the closed portions of the agenda items noted above, the Committee will hold other sessions not open to the public un­der the authority of section 10(d) of Pub­lic Law 92-463 (the Federal Advisory Committee Act), to consider the above applications and other matters. I have determined in accordance with subsec­tion 10(d) of Public Law 92-463 that it is necessary to close such portions of the meeting to protect proprietary data (5 U.S.C. 552(b) (4 )), and to protect the free interchange of internal views to avoid undue interference with agency or Com­mittee operation (5 U.S.C. 552(b)(5)).

Any non-exempt material that may be discussed during the closed portions of the meeting will be inextricably inter­twined with discussion of exempt mate­rial and no further separation is prac­tical. Practical considerations may dic­tate alterations in the above agenda or schedule. The Chairman of the Commit­tee is empowered to conduct the meet­ing in a manner that in his judgment will facilitate the orderly conduct of business, including provisions to carry over an incompleted open session from one day to the next.

With respect to public participation in the open portion of the meeting, the following requirements shall apply:

(a) Persons wishing to submit written statements regarding the agenda items may do so by mailing 25 copies thereof, postmarked no later than October 2, 1974, to the Executive Secretary, Advi­sory Committee on Reactor Safeguards, U.S. Atomic Energy Commission, Wash­ington, D.C. 20545. Such written com­ments shall be based on documents re­lated to the agenda items noted above, and related documents on file and avail­able for public inspection at the Atomic Energy Commission’s Public Document Room, 1717 H Street, NW., Washington, D.C. 20545, and as follows:

Comanche Peak Steam Electric Station

Somervell County Public LibraryOn the SquareP.O. Box 417Glen Rose, Texas 76043

R iver Bend Station Un its 1 and 2Audubon LibraryW. Feliciana BranchSt. FrancisviUe, Louisiana 70775Crystal R iver Nuclear Plant Unit No. 3Crystal River Public Library Crystal River, Florida 32629

Perry Nuclear Plant Un its 1 and 2Perry Public Library 3753 Main Street Perry, Ohio 44081

Atlantic Nuclear G enerating Station LibraryStockton State College Pomona, New Jersey 08240

A TT N : Mrs. Brunn

(b) Those persons submitting a writ­ten statement in accordance with para­graph (a) above may request an oppor­tunity to make oral statements concern­ing the written statement. Such requests shall accompany the written statement and shall set forth reasons justifying the need for such oral statement and its use­fulness to the Committee. To the extent that the time available for the meeting permits, the Committee will receive oral statements dining a period of no more than 30 minutes at an appropriate time, chosen by the Chairman of the Com­mittee.

(c) Requests for the opportunity to make oral statements shall be ruled on by the Chairman of the Committee, who is empowered to apportion the time avail* able among those selected by him to make oral statements.

(d) Information as to whether the

FEDERAL REGISTER, VOL. 39, NO. 186— TUESDAY, SEPTEMBER 24, 1974

NOTICES 34323

meeting or portions of the meeting have been cancelled or rescheduled, and in re­gard to the Chairman’s ruling on re­quests for the opportunity to present oral statements, and the time allotted, can be obtained by a prepaid telephone call on October 9, 1974, to the Office of the Executive Secretary of the Commit­tee (telephone: 301-973-5651) between 8:30 a.m. and 5:15 p.m. Eastern Daylight Saving Time. It should be noted that the schedule noted above is tentative, based on the anticipated availability of related information, etc. It may be necessary to reschedule items during the same day to accommodate required changes. The ACRS Executive Secretary will be pre­pared to describe these changes on Octo­ber 9, 1974.

(e) Questions may be propounded only by members of the Committee and its consultants.

(f) The use of still, movie, and tele­vision cameras, the physical installation and presence of which will not interfere with the course of the meeting, will be permitted both before and after the meeting and during any recess. The use of such equipment will not, however, be allowed while the meeting is in session.

(g) Persons desiring to attend portions of the meeting where proprietary infor­mation is being discussed may do so by providing to the Executive Secretary 7 days prior to the meeting, a copy of an executed agreement with the owner of the proprietary information to safeguard this material.

(h) A copy of the transcript of the open portions of the meeting will be available for inspection during the fol­lowing workday at the Atomic Energy Commission’s Public Document Room, 1717 H Street NW., Washington, D.C. On request, copies of the minutes of the meeting will be made available for in­spection at the Atomic Energy Commis­sion’s Public Document Room, 1717 H Street NW., Washington, D.C., on or after January 11, 1975. Copies may be obtained upon payment of appropriate charges.

Joe B. LaG rone,Acting Advisory Committee

Management Officer.[PR Doc.74-22160 Piled 9 -23 -74 ;8 :45 am ]

LABOR-MANAGEM EN T ADVISORY COM M ITTEE

Notice of MeetingSeptember 18, 1974.

The Atomic Energy Commission’s Atomic Energy Labor-Management Ad­visory Committee will hold a meeting on October 31, 1974, at the AEC’s Washing­ton office, Room No. 1146, 1717 H Street NW., Washington, D.C. The meeting will oe open to the public and will begin at 9:30 a.m.

The following agenda items are sched­uled for discussion:■ 1‘ ®riefing on the organization of the En-

gy Research and Development Administra­tion (ERDA).

2. AELMAC’s role under the new legislation.3. Status of actions to implement AEC—

DOL agreement exempting AEC GOCO em­ployees from OSHA.

4. r Status of manpower studies.5. Status of the NCRP recommendation for

lower radiation standards for female em­ployees.

The Chairman is empowered to con­duct the meeting in a manner that in his judgment will facilitate the orderly con­duct of business.

With respect to public participation in agenda items scheduled above, the fol­lowing requirements shall apply:

(a) Persons wishing to submit writ­ten statements on those agenda items may do so by mailing 10 copies thereof, postmarked, if possible, no later than October 18, 1974, to Mr. H. T. Herrick, Chairman, Atomic Energy Labor-Man­agement Advisory Committee, Division of Labor Relations, U.S. Atomic Energy Commission, Washington, D.C. 20545. Minutes of the meeting will be kept open for 30 days for receipt of written state­ments for the record.

(b) Those persons submitting a writ­ten statement in accordance with para­graph (a) above may request an oppor­tunity to make oral statements concern­ing the written statement. Such requests shall accompany the written statement, and shall set forth reasons justifying the need for such oral statements and their usefulness to the Committee. To the ex­tent that the time available for the meet­ing permits, the Committee will receive oral statements during a total period of not more than 30 minutes at an appro­priate time, chosen by the Chairman.

(c) Requests for the opportunity to make oral statements shall be ruled on by the Chairman of the Committee, who is empowered to apportion the time avail­able among those selected by him to make oral statements.

(d) Information as to the Chairman’s ruling on requests for the opportunity to present oral statements, and the time al­lotted, can be obtained by a prepaid tele­phone call to the office of the Chairman of the Committee named in paragraph (a) above. His telephone number is Area Code 301-973-5083.

(e) Questions at the meeting may be asked only by members of the Advisory Committee. ,

(f) Seating for the public will be made available on a first-come first-served basis.

(g) Copies of minutes of the meeting will be made available for copying, fol­lowing their acceptance by the Commit­tee, in accordance with the Federal Ad­visory Committee Act, at the Atomic Energy Commission’s Public Document Room, 1717 H Street, NW., Washington, D.C. 20545, upon payment of all charges required by law.

Joe B. La G rone,Acting Advisory Committee

Management Officer.[FR Doc.74-22157 Filed 9-23-74; 8:45 am]

CIVIL AERONAUTICS BOARD[Order 74-9-66; Docket No. 26487]

TRANSATLANTIC, TRANSPACIFIC, AND LATIN AMERICAN MAIL RATES

Order Fixing Final Rates and Order To Show Cause

Adopted by the Civil Aeronautics Board at its office in Washington, D.C. on the 19th day of Sentember, 1974.

By Order 74-7-136, dated July 30,1974, the Board directed the parties to show cause why the Board should not estab­lish 13.007 cents per ton-mile as the fair and reasonable final rate of compensa­tion for the transportation of space available mail (SAM) for the period May 26 through December 31, 1973, and 13.787 cents per ton-mile as the fair and reasonable final rate of compensa­tion for the transportation of SAM for the period January 1 through March 7, 1974.

The time for filing notices of objec­tion has expired, and the parties have not filed objections to these proposed final rates.1 All parties have therefore waived further procedural steps, and the proposed rates will be made final herein. However, motions requesting clarifica­tion of the shov) cause order have been filed by Pan American World Airways, Inc. (Pan American)* and the Postmas­ter General (PMG3.3

Pan American requests that the Board make it clear that the temporary SAM rate to be in effect on and after March 8, 1974, pending the establishment of a higher temporary rate, will be 13.787 cents per ton-mile, the final rate for the period immediately preceding March 8. The carrier believes that it was the Board’s intention to establish the 13.787- cent rate as the temporary rate, but notes that lade of an express provision in the show cause order for a temporary rate may lead to some uncertainty and confusion. Pan American argues that there is no risk of overpayment since the Board has announced in prior orders its intent to establish a fuel surcharge appli­cable to all international mail rates ef­fective March 8,1974, and it is clear that this'surcharge will be greater than the 6 percent fuel-related increase incor­porated in the 13.787-cent rate. The car­rier states that failure to establish a 13.787-cent temporary rate would defer payment of a substantial amount of revenue.

We did not propose a temporary SAM rate in Order 74-7-136, because, as we noted therein, we intend to propose by separate order new temporary rates for all international mail services for the pe­riod on and after March 8, 1974/ and we

1 Trans World Airlines, Inc. (T W A ), filed a comment indicating that, In the interest of expediting the resolution of the past- period rates, it would not file an objection.

* An answer in suoport of Pan American’s motion was filed by TW A.

3 An answer In support of the PMG’s mo­tion was filed by Continental Air Lines, Inc.

4 Order 74r-7-136 at page 3.

FEDERAL REGISTER, VOL. 39, N O . 186— TUESDAY, SEPTEMBER 24, 1974

34324 NOTICES

expected that, in the interim, the PMG would continue to pay the carriers at the 13.787-cent final rate in effect on March 7, 1974.5 Nevertheless, since there appears to be some doubt as to the SAM rates to be paid pending adoption of new temporary rates for all classes of mail in foreign air transportation, we herein propose to establish as temporary SAM rates the final rates in effect on March 7,1974.

The PMG requests clarification of the statement in the show-cause order that all of Continental’s mail rates in the Trust Territory of the Pacific are open for the period on and after March 8, 1974, and are included in this investiga­tion. The PMG argues that Order 74-3- 40, dated March 8, 1974, did not open Continental’s military ordinary mail (MOM) and airmail rates, and that the statement in the show cause order was not effective to open such rates. In addi­tion, the PMG requests that the ordering paragraphs of the final order reflect the Board’s determination recited in the show cause order to leave unchanged the SAM rate applicable to Continental’s Trust Territory service for the period prior to March 8,1974.

We agree that Order 74-3-40 did not open Continental’s MOM and airmail rates to, from, and within the Trust Ter­ritory. Furthermore, since mail rates for this area have traditionally been deter­mined separately based on the peculiar characteristics of the service, we have determined not to consider these rates in the current proceeding. Since all of the Trust Territory mail rates are inter­related, we agreed with Continental and the PMG in Order 74-7-136 that the past period SAM rate in this area should not be adjusted.8 For the same reasons, we believe it would be inappropriate to ad­just the SAM rate alone for the period on and after March 8, 1974. Therefore, we propose by this order to finalize Con­tinental’s SAM rates to, from, and with­in the Trust Territory at the current level of 12.31 cents per great-circle ton- mile, which we tentatively find to be fair and reasonable until such time as all of Continental’s Trust Territory mail rates may be considered in a separate proceed­ing.7

Accordingly, pursuant to the Federal Aviation Act of 1958, as amended, partic­ularly sections 102, 204, and 406 thereof,

It is ordered, That:1. The fair and reasonable final rates

of compensation to be paid to the car­riers by the Postmaster General for the transportation by aircraft, the facilities used and useful therefor, and the service

5 When a final rate is opened, the appro­priate rate to be paid pending determination of a new final rate is the last final rate, unless a temporary rate is established by the Board at a different level. See Order 74-1-89, dated January 16,1974, at page 3.

6 We include an ordering paragraph here­in to clarify our finding, as requested by the PMG.

7 As the PMG acknowledges in his motion, all of Continental’s mail rates applicable to its services between Honolulu, Guam, and Okinawa are included in this investigation.

connected therewith, for the carriage of space-available mail (SAM), as provided for by sections 3401(b) and 3401(c) of the United States Code, for the periods May 26 through December 31, 1973, and January 1 through March 7, 1974, shall be those set forth in Appendix A at­tached hereto for the areas set forth therein;8 Provided, That the fair and reasonable final rate of compensation to be paid by the Postmaster General to Continental Air Lines, Inc., for the transportation by aircraft, the facilities used and useful therefor, and the service connected therewith, for the carriage of SAM to, from, and within the Trust Ter­ritory of the Pacific for the period May 26, 1973, through March 7, 1974, shall be 12.31 cents per ton-mile.

2. The terms and conditions appli­cable to the transportation of SAM shall be those set forth in Order E-25654 (47C.A.B. 957 (1967)) as amended (Order E-26713, 48 C.A.B. 810 (1968)), and Order 72-2-22, February 7, 1972 (for Continental’s service to, from, and with­in the Trust Territory); and the mail ton-miles shall be based upon nonstop great-circle ton-miles in accordance with Order 73-4-16, April 3,1973.

3. Except to the extent granted herein, the motions for clarification filed by the Postmaster General and Pan American World Airways, Inc., are hereby dis­missed.

4. All interested persons and particu­larly Airlift International, Inc., Alaska Airlines, Inc., American Airlines, Inc., Braniff Airways, Inc., Continental Air Lines, Inc., Delta Airlines, Inc., Eastern Air Lines, Inc., The Flying Tiger Line Inc., Hughes Air Corp., d /b/a Hughes Airwest, Mackey International, Inc., Na­tional Airlines, Inc., Northwest Airlines, Inc., Pan American World Airways, Inc., Seaboard World Airlines, Inc., Trans World Airlines, Inc., United Air Lines, Inc., Western Air Lines, Inc., the Post­master General, and the Department of Defense, are directed to show cause why the Board should not establish for the period on and after March 8, 1974, the fair and reasonable temporary rates to be paid by the Postmaster General to the carriers for the transportation by air­craft, the facilities used and useful there­for, and the service connected therewith, for the carriage of SAM as set forth in Appendix A attached hereto and in ac­cordance with paragraph 2 above.

5. All interested persons, and particu­larly Continental Air Lines, Inc., the Postmaster General, and the Department of Defense are directed to show cause why the Board should not establish the fair and reasonable final rate of compensa­tion of 12.31 cents per ton-mile, in ac­cordance with paragraph 2 above, to be paid by the Postmaster General to Conti­nental Air Lines, Inc., for the transpor­tation by aircraft, the facilities used and useful therefor, and the service connected therewith, for the carriage of SAM to,

8 This order is not Intended to disturb the other service mall rates established, or to be established, tinder separate order of the Board.

from, and within the Trust Territory of the Pacific for the period on and after March 8, 1974.

6. Further procedures herein with re­spect to the proposals set forth in para­graphs 4 and 5 above shall be in accord­ance with 14 CFR, Part 302, and, if there is any objection to the rates proposed in paragraphs 4 and 5, notice thereof shall be filed within 8 days after the date of service of this order, and, if notice is filed, written answer and supporting documents shall be filed with 15 days after date of service of this order.

7. With respect to the proposals set forth in pargraphs 4 and 5 above, if no­tice of objection is not filed within 8 days or if notice is filed and answer is not filed within 15 days after service of this order, or if an answer timely filed raises no material issue of fact, all persons shall be deemed to have waived the right to a hearing and all other procedural steps short of a final decision by the Board, and the Board may enter an order incor­porating the findings and conclusions proposed and fixing the rates specified herein,

8. This order shall be served on the parties listed in paragraph 4 above.

This order will be published in the Federal R egister.

By the Civil Aeronautics Board.[seal] Edwin Z. H olland,

Secretary.A p p e n d ix A .— F in a l a n d p r o p o s e d t e m p o r a r y

SPACE-AVAILABLE MAIL RATES

Geographic rate areas:1

Final rate May 26, 1973

toDec. 31,1973

Final rate Jan. 1,1974

to Mar. 7,1974 and proposed

temporary rate from Mar. 8,1974

Atlantic rate area: Cents Cents(1) U.S.—Europe/

Mediter­ranean_____ _ 13.064 13.848

(2) U.S.—Africa___ 13.498 14.308(3) U.S.—Middle

East________ 13.566 14.380Latin American

rate area:(1) U.S.—South

America....... - 13.258 14.053(2) U.S.—Central

America_____ 13.840 14.670(3) U.S.—Carib­

bean________ 13.087 13.872Pacific rate area:

(1) U.S.—Orient... 14.046 14.889(2) U.S.—South

Pacific______ 13.669 14.489(3) U.S.—South­

east Asia........ 15.232 16.146

l As defined in Appendices A, B, C, and D, Order 73-4-16.

[FR Doc.74-22171 Filed 9-23-74; 8:45 am]

[Order 74-9-65; Docket No. 25659]INVESTIGATION OF LOCAL SERVICE

CLASS SUBSIDY RATE; CLASS RATE VII

Order Amending Appendix P Attached To Order 74-1-123

Adopted by the Civil Aeronautics Board at its office in Washington, DC- on the 19th day of September, 1974.

Section IV o f the Rate Formula in Order 74-1-123, January 24, 1974, re-

FEDERAL REGISTER, VOL. 39, NO. 186— TUESDAY, SEPTEMBER 24, 1974

NOTICES 34325

quires that a review of the local service carriers’ subsidy ineligible services be performed predicated on a six-month moving annual basis ending in March and September of each year. The next review will encompass the 12 months ended September 30, 1974. In the past, an information report, “Distribution of Reported Services and Financial Data to Selected Categories,” was required to be filed with the Bo'ard no later than 30 days following the close of the review period. Appendix P, attached to Order 74-1-123, sets forth the substantive re­quirements of the report.

Based on our experience with the first two reviews, several revisions of the in­structions are needed. The allowable amount of time for filing the information report with the Board will be changed from 30 days to 45 days following the close of the review period. This coincides with the time requirement for the sub­mission of financial data for the Form 41 Reports. Furthermore, this will be done in order to enable the carriers to compile and submit reports 'that are complete and accurate without the necessity of submitting amended reports. In several instances in past., review periods, amended reports were required to correct flaws in initial reports due to the lack of time to gather all necessary data and submit it in the required form.

The Board believes that evaluation of carrier operating results under the Class Rate would be facilitated by more precise reporting of data for specific types of subsidy-eligible operations. Therefore, five separate categories of subsidy- eligible authority have been formu­lated to assist the Board in making these subsidy determinations. These new categories are set forth in the attached amended paragraphs D, G, and L of Ap­pendix P.1

In the attached revised Table III of Appendix P, incidental non-transport revenues (net), formerly Account 4600, has been changed to transport-related revenues (Account 4898) and transport- related expenses (Account 7100), both of which will now appear separately. In addition, other transport revenues (Ac­count 3919) and transport-related rev­enues (Account 4898) will be recorded separately.

In the attached revised Table IV of Appendix P, the sub-totals of debt and equity after direct adjustments should be added to achieve the sum of debt and equity. This amount, for each quarter and the average, should be directly below

equity line. Also, the ratios of the debt and equity sub-totals should be pro­vided for completeness.

In the attached revised Table VI of Appendix P, several changes have been necessary due to revisions in some of the methods used in computing the yieldormulas and the updating of informa-ion to reflect changes since the previous

s udy. The distance represented by the X m ercept is the longest market with at

Piled as part of the original document.

least five passengers in each direction daily in which through-plane service ex­ists. This virtually assures that the long­est possible haul is included in that distance. A more precise method of de­termining the slope has been inserted to make calculations more accurate in de­termining the relationship between hop and haul. Dilution factors are based on data from the quarter ended June 30, 1974 in order to show the effect of recent fare changes and elimination of many discount fares. In figuring the local traf­fic yields, some confusion has arisen as to which month to use in determining the actual local fares. Consequently, the yields will now be based on actual local fares in effect 45 days prior to the end of the review period. The formulas for beyond traffic yields have been changed to reflect different values for average hop, average haul, and the regression equations.

Accordingly, It is ordered, That:1. The first paragraph on page 1 of

Appendix P attached to Order 74-1-123 be and it is hereby amended to require the information reports to be. filed with the Board no later than 45 days follow­ing the close of the review period.

2. The attached amended paragraphs D, G, and L of Appendix P be and they are hereby substituted for paragraphs D, G, and L on pages 2, 3, and 4, respec­tively, of Appendix P attached to Order 74-1-123.

3. The revised Tables III, IV, and VI of Appendix P attached to this order, be and they are hereby substituted for Tables n i, IV, and VI of Appendix P at­tached to Order 74-1-123.

4. This order shall become effective on the seventh day after service hereof, un­less prior to that date exceptions and supporting reasons shall have been filed with the Board by parties to this pro­ceeding. If exceptions and supporting reasons are filed by any of the parties within the time prescribed above, the ef­fective date of this order shall be stayed pending disposition of the exceptions.

5. This order shall be served upon all parties to this proceeding.

This order will be published in the F ederal R egister.

By the Civil Aeronautics Board.[seal] Edwin Z. Holland,

Secretary,[FR Doc.74r-22169 Filed 9-23-74;8:45 am]

[Order No. 74-9-62; Docket Nos. 26560, 26563, 27031]

PAN AMERICAN WORLD AIRWAYS, INC., ET AL.

Subsidy Mail Rates and InvestigationAdopted by the Civil Aeronautics

Board at its office in Washington, D.C. on the 18th day of September, 1974.

In the matter of petitions of Pan American World Airways, Inc. for estab­lishment of subsidy mail rates pursuant to section 406(b) of the Federal Aviation Act of 1958, as amended, Docket No. 26560; Trans World Airlines, Inc. for es­

tablishment of subsidy mail rates for its international operations, Docket No. 26563; investigation of the financial, op­erational, and managerial practices and activities of Pan American World Air­ways, Inc., and its subsidiaries, Docket No. 27031.

Off April 3, 1974, Pan American World Airways, Inc. (Pan Am), petitioned the Board for the establishment of a final subsidy mail rate under section 406 of the Federal Aviation Act of 1958, for each annual period beginning with April 3, 1974, in the amount of $194 million con­sisting of $85.4 million to cover its oper­

ating loss plus $108.6 million as a return on investment. In support thereof, Pan Am alleges that, as the principal U.S. flag international carrier it is a national asset whose preservation is essential to the commerce, Postal Service and na­tional defense of the United States; that it has suffered losses of $174.3 million in the last fivfr years; that in spite of rigid cost controls, schedule reductions, suspensions, and numerous other courses of action, no amount of “self-help” will offset the losses which Pan Am will in­cur by reason of the increase in the price of fuel. Pan Am alleges that it has been subjected to enormous increases in the prices which it must pay for fuel and that these increases will continue in the fu­ture. It estimates that its 1974 fuel costs will be $204 million more than its ex­penditures for fuel for 1973. Pan Am maintains that it is unable to control the price of fuel since with the overall short­age of fuel it has no alternative but to pay the higher priecs since other sup­pliers are not willing to take on new

' accounts. Also, it must purchase the higher-priced bonded fuel, since it is an international carrier. Pan Am alleges that it is taking all measures possible to ameliorate these fuel cost increases while maintaining adequate service in order to reduce the magnitude of its losses as­sociated with the fuel crisis by suspend­ing service at a number of points, reduc­ing its schedules either unilaterally or through capacity reduction agreements, reducing the number of employees, re­ducing costs wherever possible, and seek­ing fare increases. In addition, Pan Am states that it hopes other actions, most of which are subject to government con­trol and action, will significantly reduce the amount of subsidy requested. These actions include fare increases, revisions in the jet fuel allocations relating to the allocation of domestic jet fuel to inter­national carriers, and federal legislation which would make payments to U.S. in­ternational airlines in an amount equal to the differential between the fuel price paid for both bonded fuel and fuel pur­chased at foreign locations, on the one hand, and the price paid for such fuel in the year ended November 1, 1973, less fuel-related fare and rate increases. However, Pan Am alleges that none of these measures will offset the operating loss of $85.4 million for the year begin­ning April 3, 1974, and that subsidy in the amount of $194 million is neeeded to cover this operating loss plus a return on investment of $108.6 million.

FEDERAL REGISTER, VOL. 39, NO. 186— TUESDAY, SEPTEMBER 24, 1974

34326 NOTICES

Also on April 3, 1974, Trans World Airlines, Inc. (TW A), petitioned the Board for temporary and final subsidy rates for its international operations under section 406 of the Federal Avia­tion Act of 1958, as amended. TWA’s pe­tition describes the substantial increases in international fuel prices which have adversely affected its earnings ability and seeks the establishment of a formula to provide subsidy for the difference be­tween current fuel cost and those ex­perienced for the 12 months ended Octo­ber 31,1973. TWA states that unless sub­stantial relief is afforded, its interna­tional operations in 1974 will suffer losses that would make it impossible for the carrier to maintain anything approach­ing adequate service between the United States and foreign countries and to com­pete effectively with foreign-flag airlines. TWA projects a before-tax loss of $47.2 million for international operations for calendar year 1974, as compared with a profit before income taxes of $19,500,000 for the year 1973. This projection as­sumes no increase in fuel prices above the average price paid for fuel in Febru­ary 1974, a somewhat reduced level of operations, but the same volume of traffic as that carried in 1973, and a continua­tion of the presently effective fares and rates, including the increase effective on April 2, 1974. TWA asserts that it can­not, in the interest of the public and its shareholders, bear losses of the magni­tude projected for 1974. In view of the urgency of the fuel crisis, TWA requests expedited action on its petition and that it be provided a temporary subsidy rate under the expedited procedures provided for in Rule 310 of the Board Rules of Practice.

Comments and answers with respect to the petitions of Pan Am and TWA were filed by the Aviation Consumer Action Project (ACAP), the Davis Agency, Inc. (Davis), Member Carriers of the Na­tional Air Carrier Association (NACA), and the Department of Transportation (DOT). Pan Am subsequently filed a mo­tion for leave to file an otherwise un­authorized document and a reply to DOT’S answer.

ACAP opposes the requests for subsidy on the basis that they are premature, that they lack factual support, that the carriers have not made a showing that they are operating economically and efficiently, that granting subsidy to Pan Am and TWA would cause an unfair competitive disadvantage to nonsubsi- dized U.S. carriers, and that there are many alternatives to subsidy. The answer of NACA urges the Board, if it grants subsidy to the two carriers, to do so only on the condition that they will terminate all civil charter operations in competition with U.S. supplemental car­riers. Davis urges the Board to insist that, as a condition to granting subsidy to Pan Am and TWA, the carriers must raise all their fares to economic levels, particularly the 22-45-day excursion fare and the special military fares. It is DOT’S position that subsidy should not be con­sidered for the two carriers until it is clear that their prospects cannot be

sufficiently improved by a combination of carrier-initiated actions and govern­ment assistance in nonsubsidy areas, which DOT lists in its answer.

In its reply to DOT’S answer, Pan Am submits that DOT has not supported its position that the Board should dismiss Pan Am’s petition, even though without prejudice to refiling; that the petition was properly filed under section 406(b) of the Act and the Board’s Rules of Prac­tice and therefore may not lawfully be denied; and that Pan Am is entitled to implementation of the procedures set out in the Rules of Practice as of the date of filing, rather than as of a later date.

On July 16, 1974, TWA filed a motion requesting the Board to expedite its final subsidy rate proceeding and to grant TWA immediate temporary relief. In support of its request, TWA states that, based on actual operating results for the first five months of 1974 and current pro­jections for the remainder of the year, it is now forecasting a before-tax loss of $65.3 million. Assuming that perhaps the Board has not taken action on its original petition because of legislation pending in Congress which proposes to give the Board authority to grant sub­sidy to U.S. carriers in international operations based on the increased cost of fuel, TWA asks the Board not to wait on such legislation, but to proceed promptly to provide TWA temporary subsidy. On July 25, 1974, the DOT filed an answer urging the Board to deny TWA’s motion and dismiss the carrier’s petition for temporary and final subsidy rates on the basis that the petition is procedurally defective in that it does not indicate TWA’s total subsidy need, does not con­tain a detailed economic justification sufficient to form the basis for determin­ing a fair and reasonable rate, and does not contain any evidence demonstrat­ing that TWA has exhausted all non­subsidy alternatives.

On August 23,1974, Pan Am petitioned the Board for the establishment of a temporary subsidy mail rate in the amount of $10,175,000 per month effec­tive on and after April 3, 1974. Pan Am alleges that, for the most part, the hoped- for governmental actions have not oc­curred, and that, despite numerous fare and rate increases and the benefit of the FEA regulation allocating domestic jet fuel to international carriers, Pan Am’s position continues to deteriorate. It states that fuel prices and other expenses con­tinue to escalate and traffic increasingly falls below the levels achieved in 1973 and initially forecast for 1974. Pan Am estimates that its projected operating loss for 1974 as set forth in its April 3 peti­tion of $75.1 million must be revised upward to $76.6 million. Pan Am indi­cates that a shortage of cash will occur by early fall and that it may be unable to meet current obligations without re­sorting to drawing upon its credit agree­ment for $202.5 million with a number of banks. The carrier further asserts that its situation may deteriorate to the point that it will be unable to borrow because of possible violations of covenants con­

tained in the credit arrangement.1 Ac­cordingly, Pan Am seeks $6,383,000 a month as temporary subsidy to cover its estimated monthly operating loss and $3,792,000 a month to cover its forecast net monthly interest expense.

Answers to Pan Am’s temporary sub­sidy petition were filed by NACA on August 29,1974, and ACAP and Seaboard on September 4, 1974. In addition, DOT filed a letter in response to the temporary rate petition on September 4, 1974, stat­ing that it did not have a recommenda­tion to make at that time, but would file a statement of position at a later date.

In its answer, NACA alleges that Pan Am’s charter operations are conducted at a loss; that grant of temporary sub­sidy to Pan Am will have a competitive impact on the supplemental which the Board must protect against by the impo­sition of a condition that Pan Am sus­pend all civil charter operations in com­petition with the UJS. supplemental during any period of subsidy; that all carriers are faced with the increase in fuel costs; that subsidy must only be used to support those operations which are essential to the maintenance of Pan Am’s certificate, that is, scheduled route oper­ations; that suspension of Pan Am’s civil charter operations will cause no harm and little or no inconvenience to the traveling public; and that the matter should be set down for an expedited evidentiary' hearing. Seaboard alleges that it is unfair and discriminatory to Seaboard to give Pan Am subsidy for carrying transatlantic cargo and mail when Seaboard is not eligible for the sub­sidy; that the Board should require Pan Am to suspend carriage of cargo during the period when it is receiving subsidy; that the Board’s policy is to exclude cargo operations from subsidy consideration; and that, if the Board decides to grant Pan Am subsidy for its cargo operations, then the provision in Seaboard’s certifi­cate making Seaboard subsidy-ineligible should be removed. ACAP alleges that granting the temporary subsidy petition of Pan Am would underwrite inefficient and uncompetitive air transportation at the expense of the public interest in vigorous competition; that the payment of subsidy would be highly inflationary; that Pan Am is suffering from a combi­nation of financial and management problems which are largely of its own making; that Pan Am’s current losses are caused more by excessive fares than by increased fuel prices; that Pan Am is not indispensible to the national interest or to the consumer; and that in the final analysis Pan Am, like other businesses suffering from inefficient management, deteriorating business conditions, and high fuel prices, should use the voluntary reorganization provisions of the bank­ruptcy laws for protection while it re­structures its debts and management

1 This credit arrangement was originally establish»! in March of 1972 and has under­gone two major modifications. The terms of the arrangement require that Pan Am pay a fee amounting to 0.5 percent of face value to keep the agreement active.

FEDERAL REGISTER, VOL. 39, N O . 186— TUESDAY, SEPTEMBER 24, 1974

NOTICES 34327

policies for a return to profitable opera­tions.

On September 10, 12, and 13, 1974, re­spectively, Pan Am filed motions for leave to file otherwise unauthorized documents and replies to the answers of NACA, Sea­board, and ACAP to the temporary rate petition. In support of its motions, Pan Am states that, but for the grant of the motions, Pan Am would not have an op­portunity to respond to the requests made by NACA and Seaboard, the grant of either of which would bring further serious injury to Pan Am, or to the argu­ments of ACAP. In its reply to the answer of NACA, Pan Am alleges that its cash position would deteriorate if it was pro­hibited from conducting charter opera­tions; that the charter operations are profitable in terms of economic impact on the company’s overall operations, even if they are conducted at a loss on a fully allocated cost basis; that Pan Am has been affected by the fuel cost more than any other U.S. carrier; that NACA could not be harmed by Pan Am’s receiving subsidy since charters are already sold out for the period in question; that the ineligibility of the supplemental carriers for subsidy indicates the nonessential character of their services; that the set­ting down of the temporary rate petition is unnecessary and would delay the is­suance of temporary subsidy; and that the temporary mail rate is provisional and any rights of NACA can be protected in a final mail rate proceeding.

In its reply to Seaboard’s answer, Pan Am alleges that the Board has under­written substantial portions of those fixed costs which would be allocated to cargo service under a “fully allocated” approach to costing combination service; that tiie Board recognizes all-cargo serv­ice costs if revenue from that service cov­ers the added costs of the service and a return on the investment devoted thereto; that the Board should maintain the status quo, rather than protecting Seaboard; that in any event Pan Am’s cargo operations are profitable and will reduce Pan Am’s subsidy need.

In its reply to ACAP’s answer, Pan Am alleges that Pan Am’s management had brought Pan Am to the verge of profita­bility hi 1973 through cost consciousness and control; that excessive competition from U.S. and foreign scheduled and sup­plemental carriers is the root cause of Pan Am’s critical financial need, and not monopoly; that subsidy is necessary while tiie United States Government takes those steps needed to change the uneconomic and hostile environment in which Pan Am and other U.S. interna­tional carriers operate so that U.S. car­riers have a fair and equal opportunity to compete in international air transpor­tation markets; that no other business or domestic carrier has been impacted by the fuel crisis to the extent Pan Am has been impacted; that the amount of reve-

sained from fare increases falls short of the amount needed to compensate Pan

for the increase in its fuel bill; that p ?1 Am is a national asset; and that the ■ •B. has a responsibility for Pan Am

which entitles it to look to the regulator under section 406 of the Act, not to bank­ruptcy proceedings.

Petitions to intervene have been filed in Docket 26560 by NACA, Seaboard, DOT, and ACAP, and in Docket 26563 by ACAP. Answers to the petitions in Docket 26560 have been filed by Pan American. The petitions to intervene filed by DOT and ACAP have been dealt with in Order 74-9-50, dated September 16, 1974. Action on the intervention petitions of NACA and Seaboard will be deferred. We have treated the various answers and comments filed with respect to the peti­tions of Pan Am and TWA as memoranda filed pursuant to Rule 302 of the Rules of Practice (14 CPR § 302.302) and have taken them into consideration in making our decisions herein.

1. TWA’s petition for temporary and final subsidy. TWA’s petition in Docket 26563 seeks the establishment of subsidy to cover the increased cost of fuel in its international operations without refer­ence to other costs and revenues. Since the basis for subsidy determination un­der section 406 of the Act is the need of the carrier together with all other reve­nue, the basic theory of TWA’s petition is not consistent with the “need” provi­sion of the statute. No information is provided on TWA’s domestic operations, which must be taken into account be­cause subsidy under section 406 must bev computed with reference to the entire operations of the carrier.2 Moreover, the petition does not set forth the rate which the carrier believes to be fair and reason­able, nor does it contain a detailed eco­nomic justification sufficient to establish thé reasonableness of such a rate. The petition is accordingly deficient under the statute and Rule 303 of the Board’s rules of practice.

The Board long ago put carriers on notice that they would be held to the re­quirements of Rule 303 in the initiation of subsidy cases and that any petition which failed to meet those' requirements would be dismissed without leave to amend.3 The Board has applied this policy to defective subsidy petitions without ex­ception for over 21 years/ Therefore, we have decided to dismiss TWA’s petition without prejudice. TWA’s petition and motion to expedite will accordingly be dismissed.

2. Pan American’s petitions for tem­porary and final subsidy. Pan American’s petition requesting the establishment of temporary subsidy mail rates cites press-

2 Delta Air Lines v. Summerfield, 347 U.S. 74 (1954). N

3 Bonanza Airlines, Inc., Mail Rates, Order E—7382, May 14, 1953.

* Caribbean-Atlantic Airlines, Inc., Peti­tion for Temporary and Final Subsidy Rates, Order 69-10-136, October 28, 1969, and Or­der 70-3-48, March 10, 1970; Braniff Airways, Inc., Mail Rates, Order E-17760, November 24, 1961, and Order E-17817, December 8, 1961; Los Angeles Airways, Inc., Mail Rates, Order E—14788, December 29, 1959; Ozark Air Lines, Inc., Mail Rates, Order E-12310, April 1,1958, and 27 C.A.B. 1106 (1958),

ing financial difficulties, particularly in view of the unprecedented rise in the cost of aviation fuel, and requests temporary subsidy amounting to over 10 million dol­lars per month, effective on and after April 3, 1974, pending establishment of final rates.

Rule 303(a) of the Board’s rules of practice requires that a subsidy petition set forth “a detailed economic justifica­tion sufficient to establish the reason­ableness of the rate or rates proposed.” Pan Am’s petition for temporary subsidy does not do so. Furthermore, it is the Board’s policy that temporary subsidy shall not be awarded unless the carrier would ultimately be entitled to final sub­sidy. This policy has been followed con­sistently in order to avoid unwarranted disbursement of Government funds.6 It is by no means clear that Pan American will ultimately receive subsidy support for its operations. In the first place, sec­tion 406(b) of the Federal Aviation Act requires that the Board test the merits of a subsidy application against all facets of the following standards:“ * * * the need of each such air carrier for compensation for the transportation of mail sufficient to insure the performance of such service, and, together with all other revenue of the air carrier, to enable such air car­rier under honest, economical, and efficient management, to maintain and continue the development of air transportation to the ex­tent and of the character and quality re­quired for the commerce of the United States, the Postal Service, and the national defense.” (Federal Aviation Act, Sec. 406 (b) (3).)The petitions of Pan Am for temporary and final subsidy were filed following a long period of subsidy-free operations, and of their nature they raise substan­tial questions. Indeed, it is not clear that; those operations of Pan American which parallel those of other American-flag carriers can be found to be required in order to maintain and continue develop­ment of a proper air transportation sys­tem.

We have carefully studied the material contained in the temporary subsidy peti­tion plus the additional supporting data supplied by the carrier at our request. This material clearly supports a conten­tion that Pan Am’s financial situation is serious. For the six months ended June 30, 1974, the carrier experienced operating losses amounting to nearly $50 million because of the combined effects of escalating expenses, particularly for fuel, and declining revenues resulting primarily from falling traffic. As a con­sequence, the ability to generate cash from its operations has been impaired.

As indicated by the following table, Pan Am last reported a system net profit in fiscal year 1969. For the past five years, including the most recent twelve months ended June 30, 1974, it has con­sistently reported a system net loss.

6 Capital Airlines, Mail Rates, 30 C.A.B. 1569 (1960); Aloha Airlines, Mail Rates, Or­der 69-11-82, November 19, 2969; Caribbean- Atlantic Airlines, Mail Rates, Order 72-11-73, November 17, 1972.

FEDERAL REGISTER, VOL. 39, NO. 186— TUESDAY, SEPTEMBER 24, 1974

34328 NOTICES

Fan Au System [In thousands of dollars]

Year ended Operating profit Net profit (loss) (loss)*

June 30, 1969______ $27,420 $25,234June 30, 1970______ (30,493) (32,816)June 30, 1971______ (46,782) (68,296)June 30, 1972______ (26,247) (41,598)June 30,1973........ . . 11,366 (28,464)June 30, 1974........... (25,675) (29,249)

• After special items as shown on Form 41 reports.It is obvious from the above data that

Pan Am’s management has taken meas­ures to reduce losses. If this were not so, the net loss shown for the current year ended 6/30/74 might well have been greater, since this period reflects rising fuel costs for at least six of the past twelve months. While there is no doubt that increases in passenger fares and cargo rates have helped to offset some of the higher expenses, it appears that there are open to management further avenues to reduce losses and obviate a need for subsidy.

However, we are not convinced that the carrier’s management has yet under­taken all of the “belt-tightening” meas­ures normally associated with a cash crisis. The worldwide operations of Pan Am are generally associated with long- haul traffic markets that can and must be operated, over the long term, on a non-subsidy basis. In order to achieve this status, it may be that a restructur­ing or route modification will be neces­sary and include a few routes required by the national interest that cannot be op­erated without subsidy support. However, to supplement working capital with Fed­eral subsidy payments over the short term is a different matter. In lieu there­of, we would expect Pan Am to explore such measures as further reductions in operational levels, discontinuance of un­economic services, reductions in operat­ing expenses through severe austerity measures, paring of capital expenditures, sale of capital assets not required to con­tinue certificated authority, and other actions which are characteristic of a firm confronted by a severe cash shortage. Moreover, the carrier has not satisfac­torily demonstrated that it faces such a crisis as to require an infusion of Gov­ernment subsidy on a temporary basis. A petition for temporary subsidy support implies that an urgent and desperate need exists and that there are few, if any, open options remaining to explore. It appears from our review that the po­tential avenues available to prevent a further cash drain have not been ex­hausted.

In order to determine whether Pan American is entitled to subsidy under section 406(b) of the Act, important policy issues must be resolved, such as what types of operations should be underwritten. The Board is concerned about providing subsidy in competitive markets served by two or more U.S. cer­

tificated carriers.* In this regard, it is noted that for calendar year 1973 about 53 percent of Pan Am’s total revenue passenger miles in international opera­tions were generated in competitve mar­kets which included at least one other U.E. flag carrier.7 In our view, any mar­ket with sufficient traffic to warrant service by two or more U.S. flag carriers requires intensive analysis as to reasons for subsidy need as well as a policy con­sideration as to the propriety of pub­lic monetary payments to maintain com­petition. We would add that the same considerations are present with respect to the domestic scheduled trunk services because of the wide range of alternative services available from other carriers.

There are a number of different serv­ices which the Board has traditionally considered ineligible for subsidy support. Included in this category are all-cargo scheduled operations, charter services, both commercial and military, and all non-transport activities. These opera­tions because of their voluntary nature require careful monitoring on the part of management in order to avoid losses which cannot be considered for subsidy determination.

The circumstances surrounding Pan Am’s difficulties would seem to create an obligation to scrutinize all aspects of the carrier’s worldwide services. This would include its route structure as well as all levels of operations. In this regard, the carrier can be assured that the Board would give expedited consideration to any proposals for suspension or deletion of any points or operations that the carrier might deem uneconomic. We would continue to urge Pan Am, as well as other U.S. and foreign flag carriers, to seek unilateral and bilateral solutions to overcapacity problems in individual markets. In this regard, it will be the Board’s policy to seek to mitigate over­capacity situations through carrier agreements and appropriate intergovern­mental consultation procedures.

Pan Am has indicated that the request for subsidy support was primarily moti­vated by the sudden and exorbitant in­creases in the price of fuel. The carrier estimates that for the 12 months begin­ning April 1, 1974, system fuel cost will be about $235 million greater than the amount spent for fuel in 1973. This is a tremendous increase to absorb in only one element of the overall cost structure. To try to compensate for general as well as specific cost rises such as fuel, the Board has approved several large in­creases in both passenger fares and cargo rates since the beginning of the year.

8 In Order 73-10-65, the Board proposed to render Ineligible for subsidy- competitive nonstop service provided by the local serv­ice carriers in relatively large city-pair mar­kets.

T A representative figure for Trans World during the same time frame aasiiming no ad­justment for the strike period 11/4/73 through 12/18/73, is 62 percent.

For example, on January 1, 1974 passen­ger fares increased in the North Atlantic by 13 percent and in other areas of the world by six percent for both passenger fares and cargo rates. This was followed by another increase in passenger fares of seven percent throughout the Pacific area on March 15, 1974. Several addi­tional increases in various areas of the world for both passenger fares and cargo rates have been noted. While it is ex­pected that passenger traffic will decline as fares increase in price-sensitive mar­kets, we would also expect prudent man­agement to the extent possible to tailor such capacity accordingly.

Wherefore, based on the foregoing, we find that Pan Am has not established that it has such an immediate and criti­cal need for subsidy support as to war­rant the establishment of a temporary subsidy rate. It is therefore concluded that Pan Am’s temporary subsidy peti­tion should be denied. Furthermore, it is clear that before the Board can pass upon the question of whether Pan American is entitled to subsidy, and, if so, the amount thereof, a full evidentiary hearing must be conducted consistent with the requirements of section 406 of the Act. We are therefore assigning Pan American’s petition for final subsidy in Docket 26560 for hearing before an ad­ministrative law judge of the Board.

3. Investigation of Pan American’s financial, operational, and managerial practices. In addition to the investiga­tion of Pan American’s subsidy petition in Docket 26560, the Board has concluded that it should institute an informal in­vestigation for the purpose of inquiring into the management and business prac­tices of Pan American and accumulating data with respect to its operational and financial practices and activities. As we have noted previously, for a carrier to re­ceive subsidy support it must qualify and be tested under the exacting require­ments of the following standard:

**. . . the need of each such air carrier (other than a supplemental air carrier) for compensation for the transportation of mail sufficient to insure the performance o f such service, and, together with all other revenue of the air carrier, to enable such air carrier under honest, economical, and efficient man­agement, to maintain and continue the de­velopment of air transportation to the ex­tent and of the character and quality re­quired for the commerce of the United States, the Postal Service, and the national defense.” (Federal Aviation Act, Sec. 406(b) (3).)Furthermore, the Board Is charged un­der the Federal Aviation Act with exer­cising and performing its powers and du­ties so as to encourage and develop an air transportation system properly adapted to the present and future needs of the foreign and domestic com­merce of the United States, to foster economically sound conditions in air transportation, and to promote adequate, economic and efficient services under honest, economic, and efficient manage-

FEDERAL REGISTER, VOL. 39, NO . 186— -TUESDAY, SEPTEMBER 24, 1974

NOTICES 34329

meni at reasonable rates. Toward this end, section 204 of the Act confers on the Board the general powers to conduct in­vestigations as the Board shall deem necessary to carry out its powers and du­ties; section 407 empowers the Board to require periodic and special reports from any air carrier, as well as to require any air carrier to answer questions on any matter concerning which the Board may deem information to be necessary. The Board is also authorized by section 415 to inquire into the management of the busi­ness of any air carrier and to obtain full and complete reports and other informa­tion in the exercise and performance of its statutory duties, and it is authorized by section 1002(b) to institute investiga­tions on its own initiative concerning any question that may arise under the Act.

In view of all the circumstances, the Board believes that the public interest requires that an informal, nonadjudi­catory fact-finding investigation be in­stituted pursuant to the powers con­ferred on the Board by section 204(a), 407, 415, and 1002(b) of the Act, for the purpose of inquiring into the manage­ment and business practices of Pan American and accumulating data with respect to its past, current, and future activities. The purpose of this inquiry is to gather data, information, and testi­mony and, based thereon, to make studies which may form the basis for recommen­dations by the Board with regard to vol­untary actions by the carrier or may be lawfully usable in the proceedings under Title IV of the Act. In this connection, the Board may use the data, information, and testimony gathered or obtained in this proceediing to issue a show-cause order which would set forth its tenta­tive findings and conclusions.

The Board finds that an inspection and examination of the accounts, records, memoranda, including docu­ments, papers, and correspondence, now or hereafter existing and kept, or re­quired to be kept by Pan American, and the taking of depositions and other sworn testimony of its directors, officers, em­ployees, consultants, and financial advis­ers, is necessary to the effective conduct of this proceeding.

Since this is a preliminary fact-finding investigation which will not result in any adjudicatory action on the part of the Board in this proceeding, it is appropri­ate to utilize nonpublic procedures simi­lar to those employed by the Board pur­suant to Part 305 of the Board’s rules. Moreover, an informal, nonpublic investi­gation is appropriate because the subject matter encompasses the internal affairs of private corporations and will involve the examination of confidential matters including future economic prospects and forecasts, some of which are protected lr?i? disclosure by statute.* mV e ®oard has heretofore promulgated rules and procedures for conducting in-ormal investigations in other contexts,

/ThapUh®c release of the Information. rulegned will be governed by applicable Board

and the utilization of these established procedures will facilitate the instant in­vestigation. Specifically, we shall follow the procedures specified in existing C.A.B. Regulations, Parts 240,305, and 385.22 (c) except that the Bureau of Operating Rights will be the staff component pri­marily responsible for the conduct of the investigation. Under these procedures, the Bureau of Operating Rights will have the rights of access, inspection, copying, etc., conferred by Part 240, the proce­dures for the conduct of informal in­vestigations under Part 305, and the au-

* thority held by the Director, Bureau of Enforcement, under 14 CPR 385.22 to .issue orders requiring air carriers to pre­pare and submit special reports, copies of agreements, records, accounts, papers, documents, and specific answers to ques­tions upon which information is deemed necessary.

Accordingly, pursuant to the Federal Aviation Act of 1958, as amended, and particularly sections 102, 204(a), 406,407, 415, and 1002(b) thereof, and regulations promulgated in 14 CFR,

It is ordered, That:1. The motions of Pan American World

Airways, Inc., to file replies to the answer of the Department of Transportation to Pan American’s petition for final subsidy, and to the answers of Member Carriers of the National Air Carrier Association, Seaboard World Airlines, Inc., and the Aviation Consumer Action Project to Pan American’s petition for temporary subsidy in Docket 26560 be and they hereby are granted.

2. Action on the petitions to intervene in Docket 26560 filed by Member Carriers of the National Air Carrier Association and Seaboard World Airlines, Inc., be and it hereby is deferred.

3. Hie petition of Pan American World Airways, Inc., in Docket 26560 requesting the establishment of a temporary subsidy mail rate be and it hereby is denied.

4. The petition filed by Trans World Airlines, Inc., in Docket 26563 requesting the establishment of final and temporary subsidy mail rates be and it hereby is dis­missed without leave to amend.

5. The motion to expedite filed by Trans World Airlines, Inc., in Docket 26563 be and it hereby is dismissed.

6. Hie petition filed by Pan American World Airways, Inc., in Docket 26560 re­questing the establishment of final sub­sidy mail rates be and it hereby is as­signed for hearing before an administra­tive law judge of the Board at a time and place hereafter to be designated.

7. An informal nonadjudicatory pro­ceeding be and it hereby is instituted in Docket 27031 pursuant to sections 204(a), 407, 415, and 1002(b) of the Federal Aviation Act of 1958, as amended, to in­quire into the management and business practices of Pan American World Air­ways, Inc., and its subsidiaries and affiliates, and accumulate, compile, and evaluate information, data, and testi­mony, and the like, with respect to the carrier’s past, current, and future opera­tional and financial practices and ac­tivities.

8. The investigation ordered in para­

graph 7 shall be conducted under the direction of the Director, Bureau of Operating Rights, and such persons as he may designate, including employees of any staff components of the Board, and shall be conducted pursuant to existing C.A.B. Regulations § § 240, 305, and 385.22 (c), with there being substituted in those regulations as necessary the terms “Director, Bureau of Operating Rights’’ or “Bureau of Operating Rights” for other designated Board personnel or staff components.

This order shall be published in the Federal R egister.

By the Civil Aeronautics Board.( seal] Edwin Z. H olland,

Secretary.(FR Doc.74-22170 Filed 9-23-74;8:45 am]

ENVIRONMENTAL PROTECTION AGENCY

IOPP—32000/114; FRL 267-6]NOTICE OF RECEIPT OF APPLICATIONS

FOR PESTICIDE REGISTRATIONData To Be Considered in Support of

ApplicationsOn November 19, 1973, the Environ­

mental Protection Agency (EPA) pub­lished in the F ederal R egister (38 FR 31862) its interim policy with respect to the administration of section 3(c) (1) (D) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This policy provides that EPA will, upon receipt of every application for registra­tion, publish in the F ederal R egister a notice containing the information shown below. The labeling furnished by the ap­plicant will be available for examination at the Environmental Protection Agency, Room EB-37, East Tower, 401 M Street SW., Washington, D.C. 20460.

On or before November 25, 1974, any person who (a) is or has been an appli­cant, (b) believes that data he developed and submitted to EPA on or after Octo­ber 21, 1972, is being used to support an application described in this notice, (c) desires to assert a claim for compensa­tion under section 3(e)(1)(D ) for such use of his data; and (d) wishes to pre­serve his right to have the Administrator determine the amount of reasonable compensation to which he is entitled for such use of the data, must notify the Administrator and the applicant named in the notice in the F ederal R egister of his claim by certified mail. Notification to the Administrator should be addressed to the Information Coordination Section, Technical Services Division (WH-569), Office of Pesticide Programs, 401 M Street SW., Washington, D.C. 20460. Every such claimant must include, at a minimum, the information listed in the interim policy of November 19, 1973.

Applications submitted under 2(a) or 2(b) of the interim policy will be proc­essed to completion in accordance with existing procedures. Applications sub­mitted under 2(c) of the interim policy cannot be made final until the 60 day period has expired. If no claims are re­ceived within the 60 day period, the 2(c)

FEDERAL REGISTER, VOL. 39, N O . 186— TUESDAY, SEPTEMBER 24, 1974

34330 NOTICES

application will be processed according to normal procedure. However, if claims are received within the 60 day period, the applicants against whom the claims are asserted will be advised of the alter­natives available under the Act. No claims will be accepted for possible EPA adjudi­cation which are received after Novem­ber 25,1974.

Ap p l ic a t io n s R eceived

EPA Pile Symbol 12266-E. Acme Chemex, 239 S. Cooper St., Memphis TN 38104. CHEMEX LEMON ODOR DISINFECTANT, COEP. 15. Active Ingredients: Alkyl (C14 58%, C16 28%, C12 14%) dimethyl benzyl am­monium chloride 4.0%; Isopropanol 2.0%; Essential Oils 0.5%. Method of Support: Application proceeds under 2(c) of interim policy.

EPA Pile Symbol 12265-R. Acme Chemex, 239 S. Cooper St., Memphis TN 38104. CHEMEX MINT ODOR DISINFECTANT, COEP. 15. Active Ingredients: Alkyl (C14 58%, C16 28%, C12 14%) dimethyl benzyl am­monium chloride 4.00%; Isopropanol 4.00%; Methyl salicylate 1.00%. Method of Support: Application proceeds under 2(c) of interim policy.

EPA Pile Symbol 12162-U. Acme Chemical & Supply, Inc., PO Box 7099, Lexington KY 40502. ACME CHEMICAL MINT 7 DISIN­FECTANT CLEANER. Active Ingredients: Alkyl (C14 58%, C16 28%, C12 14%) dimethyl benzyl ammonium chloride 2.0 %; Isopropanol 2.0%; Methyl salicylate 0.5%. Method of Support: Application proceeds under 2(c) of interim policy.

EPA Pile Symbol 12162-G. Acme Chemical & Supply, Inc. ACME CHEMICAL PINE ODOR 6 DISINFECTANT CLEANER. Active In­gredients: Isopropanol 4.75%; Pine oil 3.95%; Alkyl (C14 58%, C16 28%, C12 14%) dimethyl benzyl ammonium chlo­ride 1.97%. Method of Support: Applica­tion proceeds under 2(c) of interim policy.

EPA Pile Symbol 12162-E. Acme Chemical' & Supply, Inc. ACME CHEMICAL PINE ODOR 13 DISINFECTANT CLEANER. Active In­gredients: Isopropanol 9.50%; Pine oil 7.90%; Alkyl (C14 58%, C16 28%, C12 14%) dimethyl benzyl ammonium chlo­ride 3.95%. Method of Support: Applica­tion proceeds under 2(c) of interim policy.

EPA Pile Symbol 12162-R. Acme Chemical & Supply, Inc. ACME CHEMICAL MINT 15 DISINFECTANT CLEANER. Active ingredi­ents: Alkyl (C14 58%, C16 28%, C12 14%) dimethyl benzyl ammonium chloride 4.00%; Isopropanol 4.00%; Methyl salicy­late 1.00%. Method of Support: Applica­tion proceeds under 2(c) of interim policy.

EPA Pile Symbol 33458-E. Allied Chlorine & Chemical Products, 55 Jacobus Ave., S. Kearny NJ 07032. CHC GRANULAR CHLO­RINE FOR SWIMMING POOLS. Active in­gredients: Calcium Hypochlorite 70%. Method of Support: Application proceeds under 2 (c) of interim policy.

EPA Pile Symbol 33458-L. Allied Chlorine & Chemical Products, Inc. ALLIED POOL GUARD CHLORINE. Active Ingredients; Sodium Hypochlorite 10%. Method of Sup­port: Application proceeds under 2(c) of interim policy.

EPA Pile Symbol 33458-U. Allied Chlorine & Chemical Products, Inc. HI POOL GUARD CHLOR. Active Ingredients: trichloro-s- triazinetrione 100%. Method of Support: Application proceeds under 2(c) of interim policy.

EPA Pile Symbol 34429-U. American Chem­ical Corp., PO Box 296, Bayamon PR 00619. SUPER KILLER AEROSOL. Active In­gredients: Petroleum distillates 69.3508%; Perfume 0.3500%; N-Octyl bicycloheptane dicarboxlde 0.1575%; Technical Piperonyl

Butoxide 0.0945%; Pyrethrins 0.0472%. Method of Support: Application proceeds under 2(c) o f interim policy.

EPA Pile Symbol 34429-G. American Chem­ical Corp. SUPER KILLER AEROSOL 500. Active Ingredients: Petroleum distillates 70.00%; 2-Butoxyethanol 3.60%; O-Iso- propoxyphenyl Methyl Carbamate 0.40%. Method of Support: Application proceeds under 2 (c) of interim policy.

EPA Pile Symbol 34429-E. American Chemical Corp. SUPER KILLER. Active Ingredients: Petroleum distillates 9.0726%; N-Octyl bicycloheptane dicarboximide 0.2250%; Technical Piperonyl Butoxide 0.1350%; Pyrethrins 0.0675%. Method of Support: Application proceeds under 2(c) of interim policy.

EPA File Symbol 34429-L. American Chemical Corp. SUPER KILLER 500. Active Ingredi­ents: Petroleum distillates 92.00%; 2-Botoxyethanol 6.75%; O-Isopropoxyphenyl Methyl Carbamate 0.75%. Method of Sup­port: Application proceeds under 2(c) of interim policy.

EPA Pile Symbol 12466-G. Aqua Laboratories, Inc., 36 High St., Amesbury MA 01913. AQUACIDE-350. Active Ingredients: n- Alkyl (50% C14, 40% C12, 10% C16) dimethyl benzyl ammonium chloride 10%. Method of Support: Application proceeds under 2(c) of interim policy.

EPA File Symbol 5185-EGU. Bio-Lab, PO Box 1489, Decatur GA 30031. BIO-GUARD LS-22 LEMON SCENTED DETERGENT - DISINPECT ANT-SANITIZER DEODOR- ANT-PATHOGENIC FUNGICIDE. Active Ingredients: Alkyl (C14 58%, C16 28%, C12 14%) dimethyl benzyl ammonium chloride 2.50%; Essential oils 0.25%; Ethylene diamine tetraacetic acid, tetra- sodium salt 0.19%. Method of Support: Application proceeds under 2(c) of in­terim policy.

EPA Pile Symbol 5185-EGA. Bio-Lab, Inc. BIO-GUARD MF-44 DETERGENT-DIS­INFECTANT SANITIZER-DEODORANT- PATHOGENIC FUNGICIDE. Active Ingre­dients: Alkyl (C14 58%, C16 28%, C12 14%) dimethyl benzyl ammonium chlo­ride 4.00%; Isopropanol. 4.00%; Methyl salicylate 1.00%. Method of Support: Ap­plication proceeds under 2(c) of interim policy.

EPA File Symbol 5158-EGT. Bio-Lab, Inc. (LEMON SCENTED) BIO-GUARD LS-44 DETERGENT - DISINFECTANT SANI­TIZER - DEODORANT - PATHOGENIC FUNGICIDE. Active Ingredients: Alkyl (C14 58% C16 28%, C12 14%) dimethyl benzyl ammonium chloride 5.00%; Essen­tial oils 0.50%; Ethylenediamine tetra­acetic acid, tetrasodium salt 0.38%. Meth­od of Support: Application proceeds under 2(c) of interim policy.

EPA Pile Symbol 5185-EGN. Bio-Lab, Inc., D-S CLEANER AND SANITIZER. Active Ingredients: Sodium carbonate 35.0%; Alkyl (C14 60%, C16 30%, C12 5%, C18 5%) dimethyl benzyl ammonium chloride 2.5%; Alkyl (C12 50%, C14 30%, C16 17%, C18 3%) dimethyl ethylbenzyl ammonium chloride 2.5%; Tetrasodium salt of ethyl­ene diamine tetraacetic acid 2.5%. Method of Support: Application proceeds under 2(c) of interim policy.

EPA Pile Symbol 4-EGR. Bonide Chemical Co., Inc., 2 Wurz Ave., (off Commercial Dr.), Yorkville NY 13495. BONIDE MANEB FUNGICIDE. Active Ingredients: Man­ganese 16%; Zinc 2%; Ethylenebisdithio- carbamate ion (C4H6N2S4) 62%. Method of Support: Application proceeds under 2(c) of interim policy.

EPA Pile Symbol 19409-U. Leonard Brush Co., 900 East Main St., Louisville KY 40206. LEONARD BRUSH PINE ODOR 13 DISIN­FECTANT CLEANER. Active Ingredients:

Isopropanol 9.50%; Pine oil 7.90%; Alkyl (C14 58%, C16 28%, C12 14%) dimethyl benzyl ammonium chloride 3.95%. Method of Support: Application proceeds under 2(c) of interim policy,

EPA Pile Symbol 19409-G. Leonard Brush Co. LEONARD BRUSH CO. MINT 15 DISIN­FECTANT CLEANER. Active Ingredients: Alkyl (C14 58%, C16 28%, C12 14%) di­methyl benzyl ammonium chloride 4.00%; Isopropanol 4.00%; Methyl salicylate 1.00%. Method of Support: Application proceeds under 2(c) of interim policy.

EPA File Symbol 19409-E. Leonard Brush Co. LEONARD BRUSH CO. PINE ODOR 6 DIS­INFECTANT CLEANER. Active Ingredi­ents: Isopropanol 4.75%; Pine oil 3.95%; Alkyl (C14 58%, C16 28%, C12 14%) di­methyl benzyl ammonium chloride 1.97%. Method of Support: Application proceeds under 2(c) of interim policy.

EPA Pile Symbol 7350-P. Chaska Chemical, 304 Masters Ave., Savage MN 55378. TAC- SAN PLUS. Active Ingredients: n-Alkyl (60% C14, 30% C16, 5% C12, 5% C18) di­methyl benzyl ammonium chlorides 2.25%; n-Alkyl (68% C12, 32% C14) dimethyl ethylbenzyl ammonium chlorides 2.25%; Sodium Carbonate 3.00%; Tetrasodium ethylenediamine tetraacetate 1.00%. Method of Support: Application proceeds under 2(b) of interim policy.

EPA Reg. No. ,239-2211. Chevron Chemical Co., 940 Hensley St., Richmond CA 94804. CHEVRON ORTHO DIFOLATAN 4 PLOW- ABLE. Active Ingredients: cis-N-[(,l,l,2,2- tetrachloroethyl)thio]-4 - cyclohexene-1,2- dicarboximide 39%. Method of Support: Application proceeds under 2(c) of interim policy.

EPA Pile Symbol 4829-LN. Coastal Chemical Co., 190 Jony Dr., Carlstadt NJ 07072. CLOR SUPER CHLORINE POWDER. Ac­tive Ingredients: Sodium Dichloro-s-tri- azinetrione Dihydrate 64.0%; Sodium Car­bonate 27.0%; Alkyl (C14 95%, C12 3%, C16 2%) dimethyl benzyl ammonium chlorides 1.00%. Method of Support: Ap­plication proceeds under 2(b) of interim policy.

EPA Pile Symbol 4829-LR. Coastal Chemical Co., 190 Jony Dr., Carlstadt NJ 07072. ISO CLOR SUPER CHLORINE TABLETS. Ac­tive Ingredients: Sodium Dichloro-s-tri- azinetrione Dihydrate 64.0%; Sodium Car­bonate 27.0%; Alkyl (C14 95%, C12 3%, C16 2%) dimethyl benzyl ammonium chlorides 1.00%. Method of Support: Ap­plication proceeds under 2(b) of interim policy.

EPA Pile Symbol 4715-GUN. Colorado Inter­national Corp., 5321 Dahlia St., Commerce City CO 80022. BEST 4 SERVES BRAND C APT AN 5 DUST. Active Ingredients: Captan: N - [(trichloromethyl)thio] - 4 - cyclohexene - 1,2 - dicarboximide 5.00%. Method of Support: Application proceeds under 2(c) of interim policy.

EPA Reg. No. 2 7 9 -6 1 4 . PMC Corp., Agricul­tural Chemical Div., 100 Niagara St„ Mid- dleport NY 14105. C-O-C-S WETTABLE FUNGICIDE. Active Ingredients: Copper expressed as metallic 5 0 -0 0 % . Method of Support: Application proceeds under 2(c) of interim policy.

EPA Reg. No. 912-65. Farmers Union Central Exchange, Inc., PO Box “G” , St. Paul MN 55165. CENEX GRAIN STORER-P A NA­TURAL ORGANIC ACID FUNGICIDE. Ac­tive Ingrédients: Propionic Acid 100%* Method of Support: Application proceeds under 2(c) of interim policy.

EPA Reg. No. 912-77. Farmers Union Central Exchange, Inc., PO Box “G” , St. Paul MH 55165. CENEX GRAIN STOKER AN OR­GANIC ACID FUNGICIDE. Activé Ingf«*“ * ents: Isobutyric Acid 28.2%; Propionio

FEDERAL REGISTER, VOL. 39, NO. 186— TUESDAY, SEPTEMBER 24, 1974

NOTICES 34331

Add 18.8%. Method o f Support: Applica­tion. proceeds under 2(c) o f interim policy.

EPA Pile Symbol 25581-U. G & G -Chemical Co., Inc., 1550 Carroll Ave., San Francisco CA 94124. FORMULA 4034 MILDEW PRE­VENTATIVE. Active Ingredients: Didecyl dimethyl ammonium chloride 50%. Method of Support: Application proceeds tinder 2(c) of interim policy.

EPA File Symbol 200-LO. Glidden Coatings Be Resins, 900 Union Commerce Bldg., Cleve­land OH 44115. GLIDDEN 1T8-B-404 BLACK VINYL-COTE NO-COP ANTI- FOULING COATING 531—B—16—100. Active Ingredients: bis (Tri-n-butyltin) Oxide 9.3%. Method of Support: Application pro­ceeds under 2(c) o f interim policy.

EPA File Symbol 200-LL Glidden Coatings & Resins. GLIDDEN 178-A-5231 BLUE VINYL-COTE NO-COP ANTI-FOULING COATING 531—A—16—100. Active Ingredi­ents: bis (Tri-n-butyltin) Oxide 4.4%. Method ©f Support: Application proceeds under 2(c) of interim policy.

EPA Pile Symbol 200-LT. Glidden Coatings & Resins. GLIDDEN 178-R-401 RED VINYL- COTE NO-COP ANTI-FOULING COAT­ING 531-R-16—101. Active ingredients: bis (Tri-n-butyltin) Oxide 86%. Method of Support: Application proceeds under 2 (e) of interim policy.

EPA Pile Symbol 200-AN. Glidden Coatings & Resins. GLIDDEN 178-R-3 RED VINYL- COTE ANTI-FOULING COATING. Active Ingredients: Cuprous Oxide 52.6%. Method of Support: Application proceeds under 2(c) of interim policy.

EPA Pile Symbol 2Q0-AR. Glidden Coatings & Resins. GLIDDEN 178-R-401B RED VINYL-COTE NO-OOP ANTI-FOULING COATING DGL 8191. Active Ingredients: bis (Tri-n-Butyltin) Oxide 4.7%. Method of Support: Application proceeds under 2(c) of interim policy.

EPA File Symbol 200-AE. Glidden Coatings & Resins. GLIDDEN 178-W-401 WHITE VINYL-COTE NO-COP ANTI-FOULING COATING 531—W—16—100. Active Ingredi­ents: bis (Tri-n-Butyltin) Oxide 7.95%. Method of Support: Application proceeds under 2(c) of interim policy.

EPA File Symbol 1251-RE. Hadco Oorp. 146 Progress Pkwy., Maryland Heights MO 63043. ALL-KLEEN KLOR CLEANER-SAN­ITIZER. Active Ingredients: Sodium Hypo­chlorite 3.25%; Sodium Phosphate ex­pressed as NAgPOt12H20 91.75%. Method of Support: Application proceeds under 2(c) of interim policy.

EPA File Symbol 407-GAG. Imperial Inc., PO Box 423, Shenandoah IA 51601. IMPERIAL 8% CIODRIN DUST. Active Ingredients: Dimethyl Phosphate o f Alpha-Methyl ben­zyl 3-hydroxy-cis-crotonate 3.0%. Method of Support: Application proceeds under 2(c) of interim policy.

EPA Pile Symbol 635-AAI. E-Z Flo Chemical Co., Div. of Kirsto Co., PO Box 808, Lansing MI 48903. E-Z-FLO ATRAZINE 60 W. Active Ingredients: Atrazine (2-chloro-4 ethyl- amine-6-isopropylamino-s-triazine 76% and related compounds 4%) 80%. Method of Support: Application proceeds under 2(c) of interim policy.

EPA File Symbol 11800-RG. Midwest Agricul­tural Warehouse Co., 200 S. Main St., Fre­mont NE 68025. CHEMSTOR. Active Ingre­dients: Organic Acids 99% Miw (ig% Acetic acid and 80% propionic). Method of Support: Application proceeds under 2 (b) of interim policy.

EPA Reg. No. S24-&85. Monsanto Co., 800 North Lindbergh Blvd., St. Louis MO 63166. LASSO. Active Ingredients: Alachlor (2- chloro - 36 - diethyl - N - (methoxy- artbyl) acetamilde 43.0%. Method o f Sup­

port: Application proceeds under 2(c) o f interim policy.

EPA File Symbol S3978-E. Newport News Shipbuilding and Dry Dock Co., 4101 Wash­ington Ave., Newport News VA ) *07. COP­PER PAINT NO. 6A. Active Ingredients: Copper Pigment 32.0%. Method of Support: Application proceeds under 2(c) of interim policy.

EPA File Symbol 33978-R. Newport News Shipbuilding and Dry Dock Co. WOOD & TWINE PRESERVATIVE NO. 1. Active In­gredients: Copper Naphthenate 23.3%. Method of Support: Application proceeds under 2(c) of interim policy.

EPA File, Symbol 33978-G. Newport News Shipbuilding and Dry Dock Co. MARINE ANTI-FOULING R-2. Active Ingredients: Copper Pigment 29.0 %. Method o f Support: Application proceeds under 2(c) of interim policy.

EPA File Symbol 33978-U. Newport- News .Shipbuilding and Dry Dock Co. COPPER PAINT NO. 4. Active Ingredients: Copper pigment 16.0%. Method of Support : Appli­cation proceeds under 2(c) of interim policy.

EPA File Symbol 7267-L. Savol Bleach Co., PO Box 246, East Hartford CT 06108. SAVOL SHOCK TREATMENT. Active In­gredients: Sodium Hypochlorite 10.5%. Method of Support: Application proceeds under 2(c) of interim policy.

EPA File Symbol 17264-E. Superior Mfg. Co., PO Box 2185, Memphis TN 88101. PER­FORM “O” PINE ODOR DISINFECTANT. Active Ingredients: Isopropanol 4.75%; Pine oil 3.95% Alkyl <CI4 58%, C16 28%, C12 14%) dimethyl benzyl ammonium chloride 1.97%. Method of Support: Appli­cation proceeds under 2(c) of interim policy.

EPA Reg. No. 11687-13. Transvaal. Inc„ PO Box 69, Jacksonville AR 72076. TRANS­VAAL BRUSH—RHAP A-4T HERBICIDE, 2,4,5-T AMINE. Active Ingredients: Tri- ethylamine Salt o f 2,4,5-Trichlorophe- noxyacetic Acid 57.0%. Method o f Support: Application proceeds under 2(c) o f interim policy.

EPA Reg. No. 9250-15. United Laboratories, Tnc., 1555 Rt. 53, Addison IL 60101. TJL-85 WEED & BRUSH KILLER. Active Ingredi­ents: Petroleum oil 97.26% ; 2,4-DicJhloro- phenoxyacetic acid Isooctyl ester 1.10%; Bromacil (5-bromo-3-secbutyl-6-methyl- uracil) 0.61%; Pentachlorophenol 0.79%; Other chlorophenols 0.09%. Method o f Sup­port: Application proceeds under 2(c) of interim policy.

EPA Reg. No. 1023-23. Tueo Products Co„ Div. of Upjohn Co., 7171 Portage Rd., Kalamazoo MI 49001. ENIDE 50 W. Active Ingredients: Diphenamid (N,N-Dimethyl- 2,2-dlphenylacotamlde 50%. Method of Support: Application proceeds under 2 (c)- o f Interim policy.

EPA File Symbol 1270-RIU. Zep Mfg. Co., 1310 Seaboard Ind. Blvd., NW. Atlanta Ga 30301. ZEP X-8874 DETERGENT DISIN­FECTANT. Active Ingredients: n-Alkyl (60% C14, 30% C16, 5% C12, 5% C18) dimethyl benzyl ammonium chlorides0.8%; n-AIkyl (68% C12, 32% C14)dimethyl ethylbenzyt ammonium chlorides 0.8%; Sodium Metasilicate 2.4%; Tetra- sodium ethylenediamine tetraacetate 1.0%. Method of Support: Application proceeds under 2(b) of Interim policy.Dated: September 16,1974.

J o h n B . R itc h , J r . ,Director,

Registration Division.JFR Doc.74-22189 Filed 9-23-74;8:45 am]

FEDERAL DEPOSIT INSURANCE CORPORATION

4 124298]PREMIUMS NOT CONSIDERED PAYMENT

OF INTEREST OR DIVIDENDSThe Board of Directors o f the Fed­

eral Deposit Insurance Corporation ap­proved the following policy at its offices in Washington, D.C., on the 18th day of September, 1974.

Part 329 of the Corporation’s regula­tions prohibits the payment of interest on demand deposits by insured nonmem­ber banks and provides maximum rates of interest or dividends which may be paid on tune and savings accounts by in­sured nonmember commercial and mu­tual savings banks.

In a policy statement effective March 1, 1970, the Board of Directors indicated that the Corporation would regard a premium given by an insured nonmem­ber bank to its depositors as an advertis­ing or promotional expense rather than a payment o f interest or dividends if, among other conditions, the value of the premium did not exceed $5.00, or $10.00 if the amount of the deposit was $5,000 or more.

Since August 15, 1974, insured non­member banks subject to the General Regulations of the New York State Bank­ing Board have been authorized by those Regulations to give a premium costing up to $7.50, including any in-freight and packaging charges or, if the amount of the deposit was $5,000 or more, a pre­mium costing up to $15.00, including any in-freight and packaging charges.

Effective September 13, 1974, the Cor­poration will regard a premium con­forming with the cost limitations pre­scribed by the General Regulations of the New York State Banking Board and given by an Insured nonmember bank in the State of New York which is subject to those Regulations as an advertising or promotional expense rather than a pay­ment Of interest or dividends if the pre­mium is given to a depositor only at the time of the opening of a new account or an addition to an existing account and no more than one premium is given for each account opened or increased.

By order of the Board of Directors, September 18, 1974.

F ederal D eposit I nsurance C orporation,

[seal ! A lan R. M iller ,Executive Secretary.

[FR Doc.74-22152 Filed 9-23-74;8:45 am]

FEDERAL ENERGY ADMINISTRATION

ENVIRONMENTAL ADVISORY COMMITTEE

Cancellation of MeetingA meeting of the Environmental Ad­

visory Committee for the Federal Energy Administration scheduled for 9 a.m., Fri­day, September 27,1974, Room 3400,12th & Pennsylvania Avenue, NW., Washing-

FEDERAL REGISTER, V O L 39, N O . 186— TUESDAY, SEPTEMBER 24, 1974

34332 NOTICES

ton, D.C. has been cancelled. The meet­ing will be rescheduled for mid October. A notice of meeting was published in the issue of September 13, 1974, (39 PR 33028).

Issued at Washington, D.C. on Sep­tember 20,1974.

R obert E. M ontgomery, Jr., General Counsel.

[FR Doc.74-22245 Filed 9-23-74; 8:45 am]

FEDERAL MARITIME COMMISSION ATLANTIC GULF SERVICE, AB

Notice of Agreement FiledNotice is hereby given that the follow­

ing agreement has been filed with the Commission for approval pursuant to sec­tion 15 of the Shipping Act, 1916, as amended (39 Stat. 733, 75 Stat. 763, 46 U.S.C. 814).

Interested parties may inspect and ob­tain a copy of the agreement at the Washington office of the Federal Mari­time Commission, 1100 L Street, NW., Room 10126; or may inspect the agree­ment at the Field Offices located at New York, N.Y., New Orleans, Louisiana, San Francisco, California, and Old San Juan, Puerto Rico. Comments on such agree­ments, including requests for hearing, may be submitted to the Secretary, Fed­eral Maritime Commission, Washington,D.C., 20573, on or before October 14,1974. Any person desiring a hearing on the pro­posed agreement shall provide a clear and concise statement of the matters upon which they desire to adduce evi­dence. An allegation of discrimination or unfairness shall be accompanied by a statement describing the discrimination or unfairness with particularity. If a vio­lation of the Act or detriment to the commerce of the United States is al­leged, the statement shall set forth with particularity the acts and circumstances said to constitute such violation or detri­ment to commerce.

A copy of any such statement should also be forwarded to the party filing the agreement (as indicated hereinafter) and the statement should indicate that this has been done.

Notice of agreement filed by:C'hrister Cinthio, Managing Director A tlantic Gulf Service, AB c «'jp Gallanti, Kharasch, Calkins & Brown 1054 31st Street, NW.Washington, D.C. 20007

Agreement No. 9959-2, among the member lines of the above-named agree­ment, is an application to extend the ap­proval of the agreement for a period of not less than three years.

By order of the Federal Maritime Commission.

Dated: September 19, 1974.F rancis C. H ttrney,

Secretary.[FR Doc.74-22156 Filed 9-23-74;8:45 am]

[Independent Ocean Freight Forwarder License No. 1119-R]

DONALD R. WINTER & CO., INC. Order of Revocation

On August 29, 1974, Donald R. Winter & Co., Inc., P.O. Box 20973, Municipal Airport, Atlanta, Georgia 30320 volun­tarily surrendered its Independent Ocean Freight Forwarder License No. 1119-R for revocation.

By virtue of authority vested in me by the Federal Maritime Commission as set forth in Manual of Orders, Commission Order No. 1 (revised) sec. 7.04(f) (dated September 15,1973);

It is ordered, That Independent Ocean Freight Forwarder License No. 1119-R be and is hereby revoked effective Au­gust 29,1974. •

It is further ordered, That a copy of this Order be published in the Federal R egister and served upon Donald R. Winter & Co., Inc'.

Aaron W. R eese, Managing Director.

[FR Doc.74-22154 Filed 9-23-74;8:45 am]

INDEPENDENT OCEAN FREIGHT FORWARDER LICENSES

Certain ApplicantsNotice is hereby given that the fol­

lowing applicants have filed with the Federal Maritime Commission applica­tions for licenses as independent ocean freight forwarders pursuant to section 44(a) of the Shipping Act, 1916 (75 Stat. 522 and 46 U.S.C. 841(b)).

Persons knowing of any reason why any of the following applicants should not receive a license are requested to communicate with the Director, Bureau of Certification and Licensing, Federal Maritime Commission, Washington, D.C. 20573.Mueller International, L. Gene Mueller

d /b /a , 9599 Maple Drive, Apt. 2~S, Rose- mont, Illinois 60018.

Director Van Service, Inc., 5353 Leake Ave­nue, New Orleans, Louisiana 70175, Offi­cers: Donald F. Smith, President, Bonnie J. Smith, Secretary, B. A. McNaughton, Vice President, Dorothy McNaughton, Treasurer.

Over-Sea Forwarding Service, Yoko Kanbaya- shi d /b /a , 133 South Euclid Street, Fuller­ton, California.

San Mode Freight Service, Inc., 5' South Nevada Street, Seattle, Washington 98134, Officers: Ichimatsu Torii, President, Nobu- yoshi Yonemori, Vice President/Secretary, Seiji Kirisawa, Treasurer, R. Joseph La Rocque, Vice President.By the Federal Maritime Commission.Dated: September 19,1974.

F rancis C. H ttrney, Secretary.

[FR Doc.74r-22155 Filed 9-23-74;8:45 am]

PORT OF NEW ORLEANS AND UNITED BRANDS CO.

Notice of Agreement Filed Notice is hereby given that the follow­

ing agreement has been filed with the

Commission for approval pursuant to section 15 of the Shipping Act, 1916, as amended (39 Stat. 733, 75 Stat. 763, 46 U.S.C. 814).

Interested parties may inspect and ob­tain a copy of the agreement at the Washington office of the Federal Mari­time Commission, 1100 L Street, NW., Room 10126; or may inspect the agree­ment at the Field Offices located at New York, N.Y., New Orleans, Louisiana, San Francisco, California and Old San Juan, Puerto Rico. Comments on such agree­ments, including requests for hearing, may be submitted to the Secretary, Fed­eral Maritime Commission, Washington, D.C., 20573, on or before October 14,1974. Any person desiring a hearing on the proposed agreement shall provide a clear and concise statement of the matters upon which they desire to adduce evi­dence. An allegation of discrimination or unfairness shall be accompanied by a statement describing the discrimination or unfairness with particularity. If a violation of the Act or detriment to the commerce of the United States is alleged, the statement shall set forth with par­ticularity the acts and circumstances said to constitute such violation or detriment to commerce.

A copy of any such statement should also be forwarded to the party filing the agreement (as indicated hereinafter) and and the statement should indicate that this has been done.

Notice of Agreement Filed by:Mr. Cyrus C. Guidry Port Counsel Port of New OrleansP.O. Box 60046New Orleans, Louisiana 70160

Agreement No. T-2925-1, between the Port of New Orleans (Port) and United Brands Company (United) modifies the basic agreement between the parties which provides for the construction and lease to United of a roll-on/roll-off plat­form and related properties at New Orleans, Louisiana for thè berthing of vessels and for the marshalling, receipt, and delivery of containers and breakbulk cargoes. The purpose of the modification is to include a building containing ap­proximately 10,800 square feet, with adjacent parking area and non-exclusive right of use of roadway and access areà, in order to provide additional shedded space for United’s operations at the leased premises.

By order of the Federal Maritime Commission.

Dated: September 19,1974.' „•Francis C. Hurney,

Secretary.[FR Doc.74-22153 Filed 9-23-74;8:45 am]

FEDERAL POWER COMMISSION[Docket No. E-8621]

ARIZONA PUBLIC SERVICE CO. Filing of Supplement to Contract

September 18, 1974. Take notice that Arizona Public Sej "

ice Company (APS) tendered for films

FEDERAL REGISTER, VOL. 39, NO. 186— TUESDAY, SEPTEMBER 24, 1974

NOTICES 343,33

on August 28, 1974, Supplement No. 8 to its FPC Rate Schedule No. 3.

APS requests waiver of the provisions of § 35.11 of the Commission’s regulations to allow the current escalations to be­come effective at the beginning of each billing month. APS states that such waiv­er is necessary because of the impossibil­ity of anticipating an escalation until sometime after the end of the month in­volved, and also in order to avoid multi­plicity of monthly filings.

Any person desiring to be heard or to protest said filing should file a petition to intervene or protest with the Federal Power Commission, 825 North Capitol Street NE, Washington, D.C. 20426, in accordance with §§ 1.8 and 1.10 of the Commission’s rules of practice and pro­cedure (18 CFR 1.8, 1.10). All such peti­tions or protests should be filed on or be­fore September 30, 1974. Protests will be considered by the Commission in deter­mining the appropriate action to be tak­en, but will not serve to make protestants, parties to the proceeding. Any person wishing to become a party must file a petition to intervene. Copies of this filing are on file with the Commission and are available for public inspection.

' K enneth F. Plumb, Secretary.

[PR Doc.74-22107 Filed 9-23-74;8:45 am]

[Docket No. E-9011]CONNECTICUT LIGHT AND POWER CO.

Purchase AgreementSeptember 18, 1974.

Take notice that on September 6,1974, Connecticut Light and Power Company (CL&P) submitted for filing a Purchase Agreement dated August 23, 1974. The agreement is between (1) CL&P, The Hartford Electric Light Company (HE LC) and Western Massachusetts Electric Company (WMEC) and (2) Public Serv­ice Company of New Hampshire (PSNH).

The parties to the Purchase Agreement propose to make the rate schedule filed herewith effective as of September 1, 1974. The agreement provides for the sale to PSNM of a specified percentage of capacity and energy together with re­lated transmission service from Septem­ber 1,1974 to October 31, 1974.

Applicant requests that the Commis­sion, pursuant to § 35.11 of its regula­tions, waive the thirty-day notice period and permit the rate schedule filed here­with to become effective on September 1, 1974. Applicant states the reason for such request is to permit PSNH to receive ur­gently needed capacity.

Copies of the rate schedule have been or delivered to CL&P, HELC,

WMEC and PSNH.nT" y4. e son “ siring to be heard or t tinW + s9id aPPhcation should file a peti

, intervene or protest with th 1 ? ower Commission, 825 Nort]

® ree > NE-, Washington, D.C o f S J ? acc9rdance with §§ 1.8 and 1.1nrnpo,q °mi?ilssion’s rules of practice am Procedure ( l8 CFR l.g, 1.10) All sue]

petitions or protests should be filed on or before September 26, 1974. Protests will be considered by the Commission in de­termining the appropriate action to be taken, but will not serve to make pro­testants parties to the proceeding.

Any person wishing to become a party must file a petition to intervene. Copies of this application are on file with the Commission and are available for public inspection.

K enneth F. P lumb,Secretary.

[FR Doc.74-22109 Filed 9-23-74;8:45 am]

[Docket No. RP75-14]CONSOLIDATED GAS SUPPLY CORP.

Proposed Tariff ChangesSeptember 18,1974.

Take notice that on September 9,1974, Consoliated Gas Supply Corporation (Consolidated) tendered for filing cer­tain Pro Forma Tariff Sheets reflecting the addition to Consolidated’s tariff of provisions that would authorize Con­solidated to include in its current rates the cost of money used during construc­tion on major new gas supply projects. Consolidated states that it is estimated that investments in excess of $978,000,000 will be required over the next seven years on just two major gas supply projects, one involving facilities necessary to re­ceive and transport LNG imported from Algeria and another involving Con­solidated’s coal gasification program.

Consolidated further states that while the immediate impact upon its rates will be to increase them, over the long-term the impact on consumer rates will be about the same as if it were to continue the current practice of capitalizing the cost of money used dining construction. Consolidated does not seek to make the Pro Forma Tariff Sheets effective prior to approval by the Commission and re­quests that a hearing be held to consider such proposed tariff sheets. In support of such sheets, Consolidated has sub­mitted prepared testimony and exhibits for four witnesses. Consolidated also seeks a waiver of any portion of the Commission’s regulations to the extent such waiver is deemed necessary.

Copies of the proposed tariff sheets and supporting data have been furnished Consolidated’s jurisdictional customers, interested State Commissions and parties to this proceeding.

Any person desiring to be heard or to protest said filing should file a Petition to Intervene or Protest with the Federal Power Commission, 825 North Capitol Street NE., Washington, D.C. 20426, in accordance with §§ 1.8 and 1.10 of the Commission’s rules of practice and pro­cedure (18 CFR 1.8, 1.10). All such peti­tions or protests should be filed on or be­fore October 1, 1974. Protests will be considered by the Commission in deter­mining the appropriate action to be taken, but will not serve to make pro­testants parties to the proceeding. Any person wishing to become a party must file a Petition to Intervene. Copies of this

filing are on file with the Commission and are available for public inspection.

K enneth F. Plumb, Secretary.

[FR Doc.74-22098 Filed 9-23-74;8:45 am]

[Docket No. CI75—147]GETTY OIL CO.

Notice of ApplicationSeptember 18,1974.

Take notice that on September 9, 1974, Getty Oil Company (Applicant), P.O. Box 1404, Houston, Texas 77001, filed in Docket No. CI75-147 an application pur­suant to section 7(b) of the Natural Gas Act for permission and approval to aban­don a sale of natural gas in interstate commerce in Lea County, New Mexico, to El Paso Natural Gas Company (El Paso), all as more fully set forth in the appli­cation, which is on file with the Com­mission and open to public inspection.

Applicant states that pursuant to a contract dated August 15, 1949, on file as its FPC Gas Rate Schedule No. 43, it has sold gas-well gas to El Paso from the subject acreage pursuant to author­ization in Docket No. G-6272. Applicant further states that it has percentage- type contracts with Skelly Oil Company (Skelly) to sell oil well gas to be pro­duced from these same properties and Skelly sells residue gas to El Paso pur­suant to authorization in Docket No. CI74-580.

Applicant submits with its application in the instant docket letters from the New Mexico Oil Conservation Commis­sion reclassifying as oil wells, effective August 1, 1974, and August 9, 1974, the R. L. Brunson, 1-P well in the Blinebry Oil and Gas Pool and the R. L. Clifton 2-M well in the Drinkard Pool, respec­tively. Accordingly, Applicant requests that it be authorized to abandon the sale of gas other than gas-well gas to El Paso under its Gas Rate Schedule No. 43.

Any person desiring to be heard or to make any protest with reference to said application should on or before Octo­ber 11, 1974, file with the Federal Power Commission, Washington, D.C. 20426, a petition to intervene or a protest in ac­cordance with the requirements of the Commission’s rules of practice and pro­cedure (18 CFR 1.8 or 1.10). All protests filed with the Commission will be con­sidered by it in determining the appro­priate action to be taken but will not serve to make the protestants parties to the proceeding. Any person wishing to become a party to a proceeding or to par­ticipate as a party in any hearing therein jnust file a petition to intervene in ac­cordance with the Commission’s rules.

Take further notice that, pursuant to the authority contained in and subject to the jurisdiction conferred upon the Fed­eral Power Commission by sections 7 and 15 of the Natural Gas Act and the Com­mission’s rules of practice and procedure, a hearing will be held without further notice before the Commission on this ap­plication if no petition to intervene is

FEDERAL REGISTER, VOL. 39, NO. 186— TUESDAY, SEPTEMBER 24, 1974

34334 NOTICES

filed within the time required herein, if the Commission on its own review of the matter finds that permission and ap­proval for the proposed abandonment are required by the public convenience and necessity. If a petition for leave to intervene is timely filed, or if the Com­mission on its own motion believes that a formal hearing is required, further notice of such hearing will be duly given.

Under the procedure herein provided for, unless otherwise advised, it will be unnecessary for Applicant to appear or be represented at the hearing.

K enneth P. Plumb, Secretary.

[PR Doc.74—22105 Piled 9-23-74;8:45 am]

[Docket No. CP75-63] INDUSTRIAL GAS CORP.

Notice of ApplicationSeptember 17, 1974.

Take notice that on August 30, 1974, Industrial Gas Corporation (Applicant), P.O. Box 1101, Pampa, Texas 79065, filed in Docket No. CP75-63 an application pursuant to section 7(c) of the Natural Gas Act, as implemented by § 157.7(b) and (c) of the regulations thereunder- (18 CFR 157.7(b) and (c ) ) , for a certi­ficate of public convenience and neces­sity authorizing the construction during the 12-month period commencing July 1, 1974, and operation of certain natural gas purchase facilities, necessary to connect Applicant’s system with facilities of in­dependent gas producers, and certain natural gas sales and transportation faci­lities to enable Applicant to make mis­cellaneous rearrangements of existing facilities, all as more fully set forth in the application which is on file with the Commission and open to public inspec­tion.

The purpose of this budget-type ap­plication is to augment Applicant’s abil­ity to act with reasonable dispatch in contracting for and connecting to its pipeline system supplies of natural gas in various producing areas generally co­extensive with said system and in pro­viding adequate and reliable gas service to its customers by miscellaneous rear­rangements of existing facilities.

Applicant states that the total cost of the proposed gas purchase facilities is estimated to be approximately $45,000, and the total cost of the proposed sales and transportation facilities is estimated to be approximately $92,000. Applicant states further that the proposed capital expenditure will be made from cash on hand and from cash generated from nor­mal internal sources.

Any person desiring to be heard or to make any protest with reference to said application should on or before October 8, 1974, file with the Federal Power Commission, Washington, D.C. 20426, a petition to intervene or a protest in ac­cordance with the requirements of the Commission’s rules of practice and pro­cedure (18 CFR 1.8 or 1.10) and the regulations under the Natural Gas Act

(18 CFR 157.10) . All protests filed with the Commission will be considered by it in determining the appropriate action to be taken but will not serve to make the Protestants parties to the proceeding. Any person wishing to become a party to a proceeding or to participate as a party in any hearing therein must file a peti­tion to intervene in accordance with the Commission’s rules.

Take further notice that, pursuant to the authority contained in and subject to the jurisdiction conferred upon the Federal Power Commission by sections 7 and 15 of the Natural Gas Act and the Commission’s rules of practice and pro­cedure, a hearing will be held without further notice before the Commission on this application if no petition to inter­vene is filed within the time required herein, if the Commission on its own re­view of the matter finds that a grant of the certificate is required by the public convenience and necessity. If a petition for leave to intervene is timely filed, or if the Commission on its own motion be­lieves that a formal hearing is required, further notice of such hearing will be duly given.

Under the procedure herein provided for, unless otherwise advised, it will be unnecessary for Applicant to appear or be represented at the hearing.

K enneth F. Plumb,Secretary.

[FR Doc.74-22099 Filed 9-23-74;8:45 am]

[Docket No. CI75-145] KERR-McGEE CORP.Notice of Application

September 18, 1974.Take notice that on September 9,1974,

Kerr-McGee Corporation (Applicant), P.O. Box 25861, Oklahoma City, Okla­homa 73125, filed in Docket No. CI75-145 an application pursuant to section 7(b) of the Natural Gas Act for permission and approval to abandon a sale of natural gas in interstate commerce to Tennessee Gas Pipeline Company, a Division of Tenneco Inc. (Tennessee) , from the Hog Bayou Field, offshore Louisiana, all as more fully set forth in the application, which is on file with the Commission and open to public inspection.

Applicant states that the Commission by order accompanying Opinion No. 470 (34 FPC 486) authorized in Docket G - 16719 the continuation of the sale and de­livery of natural gas to Tennessee from reservoirs underlying certain leases in the Hog Bayou Field, pursuant to the terms of an agreement dated February 6, 1953, between Applicant and the pred­ecessor in interest to Tennessee, on file as Applicant’s FPC Gas Rate Schedule No. 57. According to Applicant its agree­ment with Tennessee expires on Novem­ber 1, 1974, after which the gas subject to said agreement is dedicated to Michi­gan Wisconsin Pipe Line Company under a contract on file as Applicant’s FPC Gas Rate Schedule No. 85. Accordingly, Ap­plicant requests permission and approval

to abandon the sale of gas to Tennessee as of November 1,1974.

Any person desiring to be heard or to make any protest with reference to said application should on or before October 11, 1974, file with the Federal Power Commission, Washington, D.C. 20426, a petition to intervene or a protest in ac­cordance with the requirements of the Commission’s rules of practice and pro­cedure (18 CFR 1.8 or 1.10). All protests filed with the Commission will be con­sidered by it in determining the appro­priate action to be taken but will not serve to make the protestants parties to the proceeding. Any person wishing to become a party to a proceeding or to par­ticipate as a party in any hearing therein must file a petition to intervene in ac­cordance with the Commission’s rules.

Take further notice that, pursuant to the authority contained in and subject to the jurisdiction conferred upon the Federal Power Commission by sections 7 and 15 of the Natural Gas Act and the Commission’s rules of practice and pro­cedure, a hearing will be held without further notice before the Commission on this application if no petition to inter­vene is filed within the time required herein, if the Commission on its own re­view of the matter finds that permission and approval for the proposed abandon­ment are, required by the public con­venience and necessity. If a petition for leave to intervene ia timely filed, or if the Commission on its own motion believes that a formal hearing is required, further notice of such hearing will be duly given.

Under the procedure herein provided for, unless otherwise advised, it will be unnecessary for Applicant to appear or be represented at the hearing.

K enneth F. Plumb, Secretary.

[FR Doc.74-22106 Filed 9-23-74;8:45 am]

[Docket No. RP71-125]NATURAL GAS PIPELINE COMPANY OF

AMERICAPurchased Gas Cost Adjustment to Rates

and ChargesS eptember 17, 1974.

Take notice that Natural Gas Pipeline Company of America (Natural) on Au­gust 21, 1974, tendered for filing Sub­stitute Sixteenth Revised Sheet No. 5 and alternate tariff sheet Second Substitute Sixteenth Revised Sheet No. 5 to its FPC Gas Tariff, Third Revised Volume No. 1.

Natural states that the filing is made pursuant to the provisions of section 18 of Natural’s FPC Gas Tariff, Third Re­vised Volume No, 1. Natural further states that such changes are intended to track increased cost of gas purchased from Colorado Interstate Gas Company and Great Lakes Gas Transmission Company, pipeline suppliers to Natural. Natural proposes an effective date of October 1,1974 to coincide with the effec­tive dates of the suppliers increases.

Natural states that the PGA unit ad­justment was added to alternative tariff sheets on reflecting Base Rates currently

FEDERAL REGISTER, V O L 39, N O . 186— TUESDAY, SEPTEMBER 24, 1974

NOTICES 34335

effective on motion in Docket No. RP73- 110 and subject to refund and the other reflects the proposed interim Base Rates set out in Natural’s Stipulation and Agreement, which is presently before the Commission in Docket No. RP73-110, ad­justed by the advance payment unit ad­justments filed to be effective June 1 and September 1,1974 under provisions of the pending settlement agreement.

Any person desiring to be heard or to protest said filing should file a petition to intervene or protest with the Federal Power Commission, 825 North Capitol Street, NE., Washington, D.C. 20426, in accordance with §§ 1.8 and 1.10 of the Commission’s rules of practice and pro­cedure (18 CFR 1.8, 1.10). All such peti­tions or protests should be filed on or before September 25, 1974. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make pro­testants parties to the proceeding. Any person wishing to become a party must file a petition to intervene. Copies of this filing are on file with the Commission and are available for public inspection.

K enneth F. Plumb, Secretary.

{PR Doc.74-22101 Piled 9-23-74; 8:45 am]

[Docket No. CP75-71]NATURAL GAS PIPELINE CO. OF AMERICA

AND TRANSWESTERN PIPELINE CO.Notice of Application

September 17, 1974. Take notice that on September 3,1974,

Natural Gas Pipeline Company of America (Natural) , 122 South Michigan Avenue, Chicago, Illinois 60603, and Transwestem Pipeline Company (Trans­western) , Southern National Bank Build­ing, Houston, Texas 77002, filed in Docket No. CP75-71 a joint application pursuant to section 7(c) of the Natural Gas Act for a certificate of public convenience and necessity authorizing an exchange of natural gas to enable gas to be sold to Natural while an experimental frdcture treatment is being tested on the Big Eddy No. 40 well in the Big Eddy area, Eddy County, New Mexico, all as more fully set forth in the application, which is on file with the Commission and open to public inspection.

The application states that Natural has entered into a long-term gas pur­chase agreement with Perry R. Bass and Bass Enterprises Production Company (Bass) involving the subject well and that Bass has filed for authorization to make the long-term sale to Natural in f^ket No. CI75-21. The application urther states that Bass is conducting

tests to determine the results of an ex- fn iulen a fracture treatment. Bass will, HrfrTermore’ according to the applica­nt approximately three milesTr-o ellne 'Connect the subject well to J ^ est5 n’s existing 8-inch Crawford

al in Eddy County in order to facili­tate the proposed exchange. n,ifPP,lican s Prepose an arrangement

ereby Natural will cause Bass to de- ver to Transwestern at this point of

inter-connection up to 5,000 Mcf of gas per day, and Transwestem will deliver equivalent volumes to Natural at the out­let of the Bluitt Plant, a common gas purchase point Of both applicants in Roosevelt County, New Mexico. The ex­change is to continue until the testing of the subject well is complete and gas purchase facilities' are constructed by Natural to receive the gas directly into its system. Natural intends to construct the permanent facilities pursuant to budget-type authorization in effect at the time of construction.

Applicants will have to construct a tap and measuring facilities at the proposed exchange point, at an estimated cost of $23,920, which will be borne by Natural.

Applicants assert that the proposed exchange will provide additional gas to augment Natural’s reserves and will elim­inate the necessity of flaring gas until the fracture treatment has proved successful.

Any person desiring to be heard or to make any protest with reference to said application should on or before Octo­ber 11, 1974 file with the Federal Power Commission, Washington, D.C. 20426, a petition to intervene or a protest in ac­cordance with the requirements of the Commission’s rules of practice and pro­cedure (18 CFR 1.8 or 1.10) and the regu­lations under the Natural Gas Act (18 CFR 157.10). All protests filed with the Commission will be considered by it in determining the appropriate action to be taken but will not serve to make the Pro­testants parties to the proceeding. Any person wishing to become a party to a proceeding or to participate as a party in any hearing therein must file a peti­tion to intervene in accordance with the Commission’s rules.

Take further notice that, pursuant to the authority contained in and subject to the jurisdiction conferred upon the Federal Power Commission by sections 7 and 15 of the Natural Gas Act and the Commission’s rules of practice and pro­cedure, a hearing will be held without further notice before the Commission on this application if no petition to inter­vene is filed within the time required herein, if the Commission on its own review of the matter finds that a grant of the certificate is required by the public convenience and necessity. If a petition for leave to intervene is timely filed, or if the Commission on its own motion be­lieves that a formal hearing is required, further notice of such hearing will be duly given.

Under the procedure herein provided for, unless otherwise advised, it will be unnecessary for Applicants to appear or be represented at the hearing.

K enneth F. P lumb, Secretary.

[FR Doc.74-22104 Filed 9-23-74;8:45 am]

[Docket No. CP73-7] NORTHERN NATURAL GAS CO.

Notice of ApplicationSeptember 18, 1974.

Take notice that on September 3,1974, Northern Natural Gas Company (Peti­

tioner), 2223 Dodge Street, Omaha, Nebraska 68102, filed in Docket No. CP73-7 a petition to amend the order of the Commission issued in the subject docket pursuant to section 7(c) of the Natural Gas Act on November 20, 1972 (48 FPC 1110), as amended October 5,1973 (50 FPC--------- ), by authorizing thecontinued transportation and redelivery of a maximum daily volume of 50,000 Mcf of natural gas for Minnesota Gas Company1 (Minnegasco) during the 1974-75 heating season, and 2) the upward, not to exceed 75,000 Mcf per day, and downward adjustment by Peti­tioner of such maximum daily volumes in accordance with Minnegasco’s desires, all as more fully set forth in the petition which is on file with the Commission and open to public inspection.

On .November 20, 1972, the Commis­sion issued its order in Docket No. CP73- 7 authorizing Petitioner to accept, trans­port and redeliver to Minnegasco vol­umes of gas withdrawn from Minne­gasco's Waterville Storage Field pur­suant to a transportation contract between the parties dated July 5, 1972. Under terms of such agreement, Peti­tioner agreed to accept for transporta­tion and redelivery a maximum daily volume of 50,000 Mcf commencing October 27, 1972, and continuingthrough March 26, 1973 (1972-73 heating season). Then, commencing October 27, 1973, and continuing through March 26,1974 (1973-74 heating season) and each yearly winter season thereafter, Peti­tioner’s maximum daily obligation would be> 75,000 Mcf. Pursuant to the Commission’s Order Amending Order issued October 5, 1973, in Docket No. CP73-7, the increase in maximum vol­umes to 75,000 Mcf was deferred for one year and said maximum daily volumes remained at 50,000 Mcf for the 1973-74 heating season.

Petitioner states that it has agreed with Minnegasco to an amendment to the contract dated August 14, 1974, whereby commencing October 27, 1974, and continuing through March 26, 1975 the maximum daily volumes shall con­tinue at 50,000 Mcf per day and that thereafter Minnegasco shall advise Peti­tioner in writing of the amount by which it desires to increase, not to exceed 75,000 Mcf, or decrease the maximum daily volume to be transported and re­delivered for the period commencing October 27 of such year and thereafter until another change is agreed to.

Any person desiring to be heard or to make any protest with reference to said petition to amend should on or before October 8, 1974, file with the Fed­eral Power Commission, Washington, D.C. 20426, a petition to intervene or a protest in accordance with the require­ments of the Commission's rules of prac­tice and procedure (18 CFR 1.8 or 1.10) and the regulations under the Natural Gas Act (18 CFR 157.10). All protests filed with the Commission will be con­sidered by it in determining the appro­priate action to be taken but will not serve to make the protestants parties to

1 Formerly Minneapolis Gas Company.

FEDERAL REGISTER, VOL. 39, NO . 186— TUESDAY, SEPTEMBER 24, 1974

34336 NOTICES

the proceeding. Any person wishing to become a party to a proceeding or to participate as a party in any hearing therein must file a petition to intervene in accordance with the Commission’s rules'.

K enneth F. P lum b , Secretary.

[FR Doc.74-22102 Filed 9-23-74;8:45 amj

[Docket No. CP75-80] NORTHWEST PIPELINE CORP.

Notice of ApplicationSeptember 17, 1974.

Take notice that on September 9,1974, Northwest Pipeline Corporation (Appli­cant), P.O. Box 1526, Salt Lake City, Utah 84110, filed in Docket No. CP75-80 an application pursuant to section 7 (c) of the Natural Gas Act for a certificate of public convenience and necessity au­thorizing the operation of an additional exchange point between Applicant and El Paso Natural Gas Company (El Paso) at an existing point of interconnection between the gathering systems of Appli­cant and El Paso in Rio Arriba County, New Mexico, all as more fully set forth in the application, which is on file with the Commission and open to public inspec­tion.

The application states that by order issued September 21, 1973, in Docket No. CP73-331, et al. (50 FPC ——), Appli­cant was authorized, inter alia, to ac­quire and operate El Paso’s Northwest Division System facilities. The applica­tion further states that as part of the implementation of such divestiture, Ap­plicant and El Paso entered into the San Juan Gathering Agreement dated Janu­ary 31, 1974, as amended, to provide for the mutual sharing and exchange of gas in the San Juan Basin area after dives­titure. Applicant states that by order issued January 22, 1974, in Docket Nos. CP73-331, et al. (51 FPC------), the Com­mission approved such gathering ar­rangement and authorized Applicaht and El Paso to operate two existing points of interconnection between their gathering systems in order to make nec­essary exchange deliveries of gas for the purpose of balancing gas volumes delivered to each other.

Applicant requests authorization by this application to add a third point of exchange at the existing intersection of El Paso’s lateral L -l and Applicant’s Trunk 11-H for use as an exchange bal­ancing delivery point between gathering systems in the San Juan area to provide each party with greater flexibility and reliability in making balanced exchange deliveries.

No new facilities are proposed in the instant application.

Any person desiring to be heard or to make any protest with reference to said application should on or before October 8, 1974, file with the Federal Power Com­mission, Washington, D.C. 20426, a petition to intervene or a protest in ac­cordance with the requirements of the

Commission’s rules of practice and pro­cedure (18 CFR 1.8 or 1.10) and the reg­ulations under the Natural Gas Act (18 CFR 157.10). All protests filed with the Commission will be considered by it in determining the appropriate action to be taken but will not serve to make the Protestants parties to the proceeding. Any person wishing to become a party to a proceeding or to participate as a party in any hearing therein must file a pe­tition to intervene in accordance with the Commissioirs rules.

Take further notice that, pursuant to the authority contained in and subject to the jurisdiction conferred upon the Federal Power Commission by sections 7 and 15 of the Natural Gas Act and the Commission’s rules of practice and pro­cedure, a hearing will be held without further notice before the Commission on this application if no petition to inter­vene is filed within the time required herein, if the Commission on its own re­view of the matter finds that a grant of the certificate is required by the public convenience and necessity. If a petition for leave to intervene is timely filed, or if the Commission on its own motion be­lieves that a formal hearing is required, further notice of such hearing will be duly given.

Under the procedure herein provided for, unless otherwise advised, it will be unnecessary for Applicant to appear or be represented at the hearing.

K enneth F. P lum b ,Secretary.

[FR Doc.74-22103 Filed 9-23-74;8:45 am]

[Rate Schedule No. 280]SUN OIL CO.

Rate Change FilingSeptember 17, 1974.

Take notice that the producer listed in the Appendix attached hereto has filed a proposed increased rate to the applicable area new gas ceiling based on the interpretation of vintaging con­cepts set forth by the Commission in its Opinion No. 639, issued December 12, 1972.

The information relevant to this sale is listed below.

Any person desiring to be heard or to make any protest with reference to said filing should on or before Septem­ber 26, 1974, file with the Federal Power Commission, Washington, D.C. 20426, a petition to intervene or a protest in accordance with the requirements of the Commission’s rules of practice and pro­cedure (18 CFR 1.8 or 1.10). All protests filed with the Commission will be con­sidered by it in determining the appro­priate action to be taken but will not serve to make the protestants parties to the proceeding. Any party wishing to be­come a party to a proceeding or to par­ticipate as a party in any hearing therein must file a petition to intervene in ac­cordance with the Commission’s rules.

K enneth F. P lumb, Secretary.

Filing Rate date Producer Schedule

No.Buyer Area

Aug. 30,1974 Sun Oil Co., Southland Center, P.O. 280 Box 2880, Dallas, Tex. 75221.

United Gas Pipe Line C o... Texas Gulf Coast.

[FR Doc.74-22097 Filed 9-23r-74;8:45 am]

[Docket No. CP75-81]TEXAS OFFSHORE PIPELINE SYSTEM,

INC.Notice of Application

September 17,1974.Take notice that on September 9,

1974, Texas Offshore Pipeline System, Inc. (formerly Pennzoil Offshore Trans­mission Company) (Applicant), 1500 Southwest Tower, Houston, Texas 77002, filed in Docket No. CP75-81 an applica­tion pursuant to section 7(c) of the Natural Gas Act, § 157.5, et seq. (18 CFR 157.5, et seq.), of the Commission’s regu­lations thereunder and § 2.65 of the Commission’s general policy and inter­pretations (18 CFR 2.65) for a certificate of public convenience and necessity au­thorizing the construction and operation of a new natural gas pipeline system and the transportation of gas for United Gas Pipe Line Company (United), all as more fully set forth in the application in this proceeding.

The application indicates that the Ap­

plicant-company is a wholly-owned sub­sidiary of United and was form ed to construct and operate a pipeline system to transport newly-discovered gas sup­plies to be purchased by United in the High Island Area, South Addition and East Addition, South Extension, offshore Texas, to a point onshore in Calcasieu Parish, Louisiana. According to the ap­plication the pipeline system proposed will be designed, constructed and op­erated under United’s supervision.

Applicant proposes to construct and operate the following facilities:

1. Approximately 30 miles of 3 0 -inch pipe­line beginning at a point in Block A-332, East Addition, South Extension, High Island Area, Outer Continental Shelf, Gulf of Mex­ico, and extending in a generally north west­erly direction to a point in Block A-442, Hig Island Area, South Addition, Outer Co tinental Shelf, Gulf of Mexico.

2. Approximately 31.7 miles of 30-inch pipe­line beginning at a point in Block A-570, wS Island Area, South Addition, Outer tinental Shelf, Gulf of Mexico, and extenaa«» in a generally northeasterly direction

FEDERAL REGISTER, VOL. 39, N O . 186— TUESDAY, SEPTEMBER 24, 1974

NOTICES 34337

point in Block A-442, High Island Area, South Addition, Outer Continental Shelf, Gulf of Mexico.

3. Approximately 35.3 miles o f 3Q-inch.pipe­line beginning at a point In Block A-555, High Island Area, South Addition, Outer Con­tinental Shelf, Gulf of Mexico, and extending m a generally northeasterly direction to a point in Block A-442, High Island. Area, South Addition, Outer Continental Shelf, Gulf of Mexico;

4. Approximately 98 miles of 42-inch pipe­line beginning at a point in Block A-442, High island Area, South Addition, Outer Continental Shelf, Guif of Mexico, and ex­tending in a northerly direction to a point in section 23, Township 15 South, Range 13 West, Cameron Parish, Louisiana, near John­son’s Bayou, Louisiana, together with ap­purtenant facilities.

5. Various gathering facilities to connect producing platforms to the mainline pipe­line system»

6. Liquid condensate separation and stor­age facilities and dehydration facilities at a point in Section 23, Township 15 South, Range 13 West Cameron Parish, Louisiana.

7. Approximately 36.3 miles of 36-inch pipeline beginning at a point in Section 23,. Township 15 South, Range 13 West, Cameron Parish, Louisiana, and extending in a gen­erally northerly direction to a point of inter­connection with the 30-inch pipeline of Tennessee Gas Pipeline Company, a Division of Tenneco Inc. (Tennessee!, in Calcasieu Parish, Louisiana.

8. Measuring and regulating facilities to deliver up to 600,000 Mcf per day of gas to Tennessee for the account of United at a point in Calcasieu parish, Louisiana.

The application shows the estimated cost of the proposed facilities, including capital­ized items, to be $312,552,000. Further, it is stated that it presently is contemplated that Applicant will be financed permanently by United’s purchase of approximately $78,- 163,000 of Applicant’s common stock and by the execution of a bank loan agreement in the amount of $234,489,000, with a maximum maturity of 10 to 12 years. Based upon exist­ing conditions, Applicant anticipates that the interest rate on the long-term debt will fluctuate with changes in the prime rate from time to time charged by some desig­nated bank to responsible commercial and industrial borrowers.

Applicant estimates that during the first year of operations, its annual cost erf service will be $83,806,000, given a 13.25 percent over­all rate of return. Included in the annual cost of service is a proposed depreciation rate of 10 percent per annum. Applicant states that the depreciation rate is based onv the anticipated 10 to 12-year limitation oiT the maturity of the long-term debt and the fact that notwithstanding the size of Ap­plicant’s proposed pipeline system, Ap­plicant will function primarily as a gather­ing system to transport gas to be. purchased by United and others,

Initially, Applicant proposes to transport gas which United expects to purchase from ffennzoil Offshore Gas Operators, Inc. (Pogo>), Pennzoil Louisiana and Texas Offshore, Inc. (Plato) and Pennzoil company (Pennzoil)

the gas reserve owned or controlled 'xese companies in thirty offshore Texas

weeks. Further, Applicant slates, United, “ rough interest reimbursement agreements, ■as obtatined commitments from Louisiana tt/m™ ° ffshore Exploration, Company, Inc., Pnv+LJnc*’ ptat°. lac., VSEA, Inc., Texas froauction Company and TBP Offshore Ccwn-

to purchase their respective gas re- s in eleven offshore Texas blocks.

matAi aPPlication indicates that approxi- lvina « ? ' Percent of the gas reserves under-

s he blocks initially to be connected to

its proposed pipeline system are expected to be committed to United; 30 percent of these reserves are committed to* purchasers other than United;, and. the remaining 43 percent are not committed to any purchaser at the present time. Applicant alleges that United is actively negotiating with the producers wire» have not. committed their working in­terests in. these offshore Texas blocks.

Currently available information indicates, Applicant states, that total- deliverability from these offshore Texas blocks can be ex­pected to be at least 1,180,258 Mcf per day.

Applicant and United have entered into a gas transportation agreement, dated Septem­ber 9,. 1974,. providing for a contract demand of 325,000 Mcf of gas per day for United. Ap­plicant states that based on its presently estimated annual costs, the agreement pro­vides for a daily demand charge to United of T0>.69 cents for each Mcf of contract demand, subject to adjustment to reflect the effect of changes in the interest rate payable on Ap­plicant’s long-term. debt. Applicant further states that it is ready and willing to trans­port gas for others, upon terms and condi­tions similar to those contained in the agree­ment with United and that, assuming Ap­plicant is able to transport gas for others, United’s daily demand (barge will be reduced proportionately.

The application indicates that, following initial construction, Applicant will transport up to 600,000 Mcf of gas per day for United and others to the terminus of its proposed pipeline system on the 30-inch pipeline of Tennessee in Calcasieu Parish. Applicant states that with the installation of 49,400 onshore compression horsepower, the pro­posed pipeline system will have an additional 600,000 Mcf o f daily design capacity avail­able, and moreover, given the additional in­stallation of 49,400 horsepower of offshore compression, the maximum design capacity could be increased to approximately 1.6 mil­lion Mcf. Thus, Applicant states, it is ready and willing to transport gas for others pur­chased in- the offshore area traversed by the proposed pipeline system.

The application shows that on August 30, 1974, Tennessee advised United that it has capacity to transport up to 600,000 Mcf of gas per day for United or for United’s account from the terminus of Applicant’s proposed system for redelivery at mutually agreeable existing points of interconnection. Further, the application shows that, subject to the negotiation of a mutually agreeable contract, Tennessee and United will file an inter­related application for a certificate covering this proposed transportation arrangement as soon as practicable.

Applicant states that United has been con­fronted with a serious shortage of gas supply since 1970 and. that it is of the utmost im­portance to United and its customers that Applicant be granted the requested au­thorization so that additional supplies of offshore gas may be transported on the earliest possible date.

Any person desiring to be heard or to make any protest with reference to said; application should on or before Octo­ber II, 1974, file with the Federal Power Commission, Washington, D.C. 20426, a petition to intervene or a protest in ac­cordance with the requirements of the Commission’s rules of practice and pro- , eedure (18 CFR 1.8 or 1.10) and; the reg­ulations under the Natural Gas Act (18 CFR 157.10’>. All protests filed with the Commission wfll be considered by it in determining the appropriate action to be taken but will not serve to make the Protestants parties to the proceeding.

Any person wishing to become a party to6 proceeding or to participate as a party in any hearing therein must file a peti­tion to intervene in accordance with the Commission’s rules.

Take further notice that, pursuant to the authority contained in and subject to the jurisdiction conferred upon the Federal Power Commission by sections7 and 15 of the- Natural Gas Act and the Commission’s rules of practice and pro­cedure, a hearing will be held without further notice before the Commission on this application if no petition to inter­vene is filed within the time required herein, if the Commission on its own re­view of the matter finds that a grant of the certificate is required by the public convenience and necessity. If a petition for leave to intervene is timely filed, or if the Commission on its own motion be­lieves that a formal hearing is required, further notice of such hearing will be daily given.

Under the procedure herein provided for,, unless otherwise advised, it will he unnecessary for Applicant to appear or be represented at the hearing.

K enneth F. Plumb,Secretary..

[FR Doc.74-22112 Filed 9-23-74; 8; 45-am]

[Docket No. RI75—29]TEXAS PACIFIC OIL COMPANY, INC.

Petition for Special ReliefSeptember 18,1974.

Take notice that on September 9,1974, Texas Pacific Oil Company, Ine. (Peti­tioner!, 1700 One Main Place; Dallas, Texas 75250, filed a petition for special relief in Docket No. RI75-29, seeking a rate above the applicable area ceiling un­der Opinion No. 586 and nationwide rate under Opinion No. 699 pursuant to § 2.56 (h>(6) (ii>. Petitioner seeks a rate of 55 cents per Mcf with annual escalations of M per Mcf for the sale of gas to Pan­handle Eastern Pipeline Company from currently producing wells and for gas produced from wells to be drilled on acreage within the Reydon Area located fn Roger Mills County, Oklahoma and Hemphill County, Texas.

Petitioner states that it intends to commit an additional 9,563 acres of pre­viously uncommitted acreage within the Reydon Area to Panhandle Eastern Pipe­line Company and Kansas Nebraska Nat­ural Gas Company, Inc. on an equal basis. Petitioner further states, that it proposes to drill five wells in the Rey­don Area within the next three years. The additional costs incurred by drilling below 15,000 feet or greater are cited as economic justification for the increased rate.

Any person desiring to be heard or to make any protest with reference to said petition should on or before October 8, 19T4, file with the Federal Power Com­mission, Washington, D.C. 20426, a peti­tion to intervene or a protest in accord­ance with the requirements of the Com­mission’s rules of practice and proce-

FEDERAL REGISTER, V O L 39, NO . 186— TUESDAY, SEPTEMBER 24, 1974

34338 NOTICES

dure (18 CFR 1.8 or 1.10). All protests filed with the Commission will be con­sidered by it in determining the appro­priate action Jto be taken but will not serve to make the protestants parties to the proceeding. Any party wishing to be­come a party to a proceeding, or to par­ticipate as a party in any hearing therein, must file a petition to intervene in ac­cordance with the Commission’s rules.

K enneth P. Plumb,Secretary.

[PRDoc.74-22111 Piled 9-23-74;8:45 am]

[Docket No. RI75—30]TEXAS PACIFIC OIL CO., INC.

Petition for Special ReliefSeptember 18, 1974.

Take notice that on September 9,1974, Texas Pacific Oil Company, Inc. (Peti­tioner), 1700 One Main Place, Dallas, Texas 75250, filed a petition for special relief in Docket No. RI75-30, seeking a rate above the applicable area ceiling under Opinion No. 586 and nationwide rate under Opinion No. 699 pursuant to § 2.56(h) (6) (ii). Petitioner seeks a rate of 55 cents per Mcf with annual escala­tions of 1 per Mcf for the sale of gas to Kansas Nebraska Natural Gas Com­pany, Inc. from currently producing wells and for gas produced from wells to be drilled on acreage within the Rey- don Area located in Roger Mills County, Oklahoma and Hemphill County, Texas.

Petitioner states that it intends to commit an additional 9,563 acres of pre­viously uncommitted acreage within the Reydon Area to Panhandle Eastern Pipe­line Company and Kansas Nebraska Natural Gas Company, Inc. on an equal basis. Petitioner further states that it proposes to drill five wells in the Reydon Area within the next three years. The additional costs incurred by deep drilling below 15,000 feet or greater are cited as economic justification for the increased rate.

Any person desiring to be heard or to make any protest with reference to said petition should on or before October 8, 1974, file with the Federal Power Com­mission, Washington, D.C. 20426, a peti­tion to intervene or a protest in accord­ance with the requirements of the Com­mission’s rules of practice and procedure (18 CFR 1.8 or 1.10). All protests filed with the Commission will be considered by it in determining the appropriate ac­tion to be taken but will not serve to make the protestants parties to the pro­ceeding. Any party wishing to become a party to a proceeding, or to participate as a party in any hearing therein, must file a petition to intervene in accordance with the Commission’s rules.

K enneth F. Plumb,Secretary.

[PR Doc.74-22108 Piled 9-23-74;8:45 am]

[Docket No. E-7929]TOLEDO EDISON CO.

Certification of Proposed Settlement Agreement

September 18, 1974.Take notice that on September 4,1974,

the Presiding Administrative Law Judge in the above-referenced docket certified to the Commission a proposed settlement agreement together with the complete record of the proceeding. In addition to the settlement agreement, a Joint Motion supporting the settlement agreement was also submitted on behalf of Toledo and the Cities of Bowling Green and Bryan, Ohio.

Any person desiring to be heard or to protest said settlement agreement should file comments with the Federal Power Commission, 825 North Capitol Street NE, Washington, D.C. 20426, on or be­fore October 4, 1974. Comments will be considered by the Commission in deter­mining the appropriate action to be taken. Copies of this agreement are on file with the Commission and are avail­able for public inspection.

K enneth F. Plumb,Secretary.

[PR Doc.74-22110 Filed 9-23-74;8:45 am]

[Docket No. CP75-77]VALLEY GAS TRANSMISSION, INC.

Notice of ApplicationSeptember 17, 1974.

Take notice that on September 5,1974, Valley Gas Transmission, Inc. (Appli­cant), P.O. Box 1188, Houston, Texas 77001, filed in Docket No. CP75-77 an ap­plication pursuant to section 7(b) of the Natural Gas Act for permission and ¡ap­proval to abandon certain natural gas pipeline facilities in Texas, all as more fully described in the application, which is on file with the Commission and open to public inspection.

Applicant requests authority to aban­don (1) 28,000 feet of 4-inch pipeline and appurtenant facilities connecting wells in the Viboras Field, Brooks County, Texas, (2) approximately 100,000 feet of 6-inch pipeline and related facilities in Jim Wells and Nueces Counties, Texas, connecting Applicant’s Live Oak System in Live Oak County, Texas, to the main transmission line of Tennessee Gas Pipe­line Company, a Division of Tenneco Inc., in Nueces County, and (3) approximately 8,500 feet of 4-inch pipeline and appur­tenant facilities connecting wells in the Whitted Field, Hidalgo County, Texas, The net book value of these facilities is stated to be $46,561.67. Applicant will sell these facilities for salvage.

Applicant states that the wells provid­ing the gas supply have been depleted, plugged and abandoned. Applicant states that it does not propose to terminate service to any customer and further

states that the proposed abandonment will have no effect upon any of its rate schedules or its FPC gas tariff.

Any person desiring to be heard or to make any protest with reference to said application should on or before October 8, 1974, file with the Federal Power Com­mission, Washington, D.C. 20426, a peti­tion to intervene or a protest in accord­ance with the requirements of the Commission’s rules of practice and pro­cedure (18 CFR 1.8 or 1.10) and the regu­lations under the Natural Gas Act (18 CFR 157.10). All protests filed with the Commission will be considered by it in determining the appropriate action to be taken but will not serve to make the pro­testants parties to the proceeding. Any person wishing to become a party to a proceeding or to participate as a party in any hearing therein must file a peti­tion to intervene in accordance ' with the Commission’s rules.

Take further notice that, pursuant to the authority contained in and subject to the jurisdiction conferred upon the Federal Power Commission by sections 7 and 15 of the Natural Gas Act and the Commission’s rules of* practice and proce­dure, a hearing will be held without fur- ' ther notice before the Commission on this application if no petition to inter­vene is filed within the time required herein, if the Commission on its own review of the matter finds that permis­sion and approval for the proposed aban­donment are required by the public con­venience and necessity. If a petition for leave to intervene is timely filed, or if the Commission on its own motion believes that a formal hearing is required, further notice of such hearing will be duly given.

Under the procedure herein provided for, unless otherwise advised, it will be unnecessary for Applicant to appear or be represented at the hearing.

Kenneth F. Plumb, Secretary.

[PR Doc.74-22100 Filed 9-23-74;8:45 am]

GENERAL SERVICES ADMINISTRATION

COMMISSION ON GOVERNMENT PROCUREMENT RECOMMENDATIONS

Executive Branch PositionNotice is given that an executive

branch position has been reached on the following Commission on Government Procurement (COGP) recommenda- tions:

I. Recommendations A -l, A-10 ana, a- 11. On August 30, 1974, The President signed into law the Office of Federal Pro* curement Policy Act (Pub. L. 93-4001. The enactment of this Act constitutes acceptance by the executive branch oi COGP Recommendations A-l, A-10, ana A -ll and reconfirms the acceptance oi

Recommendation A -l called for the es­tablishment of an Office of Federal Pro-

FEDERAL REGISTER, VOL. 39, NO. 186— TUESDAY, SEPTEMBER 24, 1974

NOTICES 34339curement Policy in the Executive Office of the President, preferably in the Office of Management and Budget. Püb. L. 93- 400 is responsive to this recommendation. Section 6(d) of the Act, “Authority and Functions” sets forth that the Adminis­trator’s functions shall include: “ CD es­tablishing, a system of coordinated and» to the extent feasible» uniform procure­ment regulations for the executive agen­cies” (COGP Recommendation A-IO); “(2) establishing criteria and procedures for an effective and timely method of soliciting the viewpoints of interested parties in the development of procure­ment policies» regulations» procedures, and forms” (COGP Recommendation A - 11); and “ (5) establishing a system for collecting, developing, and disseminating procurement data which takes into ac­count the needs of the Congress, the ex­ecutive branch, and the private sector” (COGP Recommendation 0 -1 ). The im­plementation of COGP Recommenda­tions A-10» A -ll, and D -l will be accom­plished under the authority of the OFPP Act in lieu of the procedures established for dealing with the COGP*s recommen­dations.

II. Recommendation A-39. Establish a program to coordinate and promote in­teragency use of contract administration and contract audit services; and use» to the fullest extent possible, for compa­rable contract support requirements» the services of those Federal agencies charged with performing designated sup­port services for the general public at contractors' facilities.

Executive Branch Position.. The recom­mendation has been accepted. Implemen­tation, will be initiated through the medium of a GSA Federal Management Circular.

Dated at Washington, IXC. on Septem­ber 11, 1974.

R. E. Zechman, Associate Administrator for

Federal Management Policy.[PR Doc.74-22141 Filed 9-23"-74;8:45 ami

NATIONAL ADVISORY COMMITTEE ON OCEANS AND ATMOSPHERE

MEETING AND AGENDASeptember 20,1974.

The National Advisory Committee on Oceans and Atmosphere (NACOA) will hold a 2-day meeting, October 10 and 11, 1974. The meeting will he held at the Virginia Institute of Marine Sciences, Gloucester Point, Virginia, just outside Williamsburg. Both sessions will com- mence at 9 ajn. and are open to the Public.

Committee, consisting of 25 non- redwai members appointed by the Pres-

/ rom and local governments, muustry, science, and other appropriate Pifwu’ y 8® ^tablished by Congress by nibhc Law 92-126, on August 16, 1971. tm,,- es are ^ Undertake a con-

rwiew of the progress of the ani* atmospheric science and

service programs of the United States,

(2) submit a comprehensive annual re­port to the President and to* the Con­gress setting forth an overall assessment of the status of the. Nation’s marine and atmospheric activities on or before June 30 of eaeh year, and (3> advise the Secretary of Commerce with respect to the carrying out of the purposes of the National Oceanic and Atmospheric Ad­ministration.

The purpose of the meeting is to ob­tain first hand information on the ma­jor estauarine research program con­ducted by the Institute and issues of coastal zone management.

The agenda will include discussion of the following topics:

O c to b e r 10Morning—Old business and briefing on the

programs at the Virginia Institute of Ma­rine Science in coastal zone management, Sea Grant and related research.

Afternoon—Continuation of VIMS briefing, discussion of local marine activities and a tour of marine related facilities.

O c to b e r I I

Morning—Committee discussion at its work plan for the coming year.

1 p.m.—Adjournment.The public is welcome and will be ad­

mitted to the limit of the seating avail­able. Persons wishing to make formal statements should notify the Chairman in advance of the meeting. The Chair­man retains the prerogative to place limits on the duration of oral statements and discussion. Written statements may be submitted at anytime.

Additional information concerning this meeting may be obtained through the Committee’s Executive Director, Dr. Douglas IL. Brooks, whose mailing ad­dress is: National Advisory Committee on Oceans and Atmosphere, Department o f Commerce Building» Room 5225, Washington, DuC. 20230. Telephone: (202) 967-3343.

D ouglas L. B rooks, Executive Director. '

[FR Doc.74-22296 Filed 9-23-74:8:45 ami

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[Notice (74-58.) ]NASA RESEARCH AND TECHNOLOGY AD­

VISORY COUNCIL PANEL ON AERO­NAUTICAL OPERATING SYSTEMS

Notice of MeetingThe NASA Research and Technology

Advisory Council Panel on Aeronautical Operating Systems will meet on Octo­ber 16—17» 1974» at the NASA Langley Research Center, Hampton, Virginia 23665. The meeting will be held in Con­ference Room 225 o f Building 1219. Members of the public wifl be admitted on a first-come, first-served basts» up to the seating capacity of the room, which is about 50 persons. AH visitors mu&t report to the Langley Research Center’s mam gate and thence to the reception­ist in Building 1219»

The NASA Research and Technology

Advisory Council Panel on Aeronautical Operating Systems serves in an advisory capacity only. The Chairman is Mr. Franklin W. Kobe. There are 10 mem­bers. The following Kst sets forth the approved agenda, and schedule for the October 16-17, 1974» meeting of the Aeronautical Operating Systems Panel. For further information» please contact Mr. Kenneth E. Hodge, Area Code 202, 755-2360.

O c to b e r . 16, 1974Time Topic

8:30 a.m___

9:00- a.m-----

9:30 a.m___ _

1 : 9 9 p . m ________

2:00 p.m___

Report of the Chairman. (Purpose: To summarize action taken at the May 1974 meeting -o f the Re­search. and Technology Ad­visory Council.)

Report o f the Executive Sec­retary ((Purpose r Ti> brief the Panel on recent or pro­posed changes in NASA policy and organization and in pertinent aeronautics programs.)-

Status Reports on NASA Re­search of Interest to the Panel. (Purpose: To inform members cm progress of projects o f particular inter­est and to develop possible recommendations pertain­ing to the focus and scope of the technical effort and to the importance at the re­sults.)

Report at Ad Hoe Panel on Terminal Configured Vehi­cles. (Purpose: To> obtain Panel comments and dis­cussion on recommenda­tions of the Ad Hoc Panel which were published in the minutes o f its May 1974 meeting.)

Panel Members! Reports. (Purpose: To afford an op­portunity for members to report on research or other activity being, pursued within their company or agency which & of interest to NASA and relates to the responsibility of the Panel.)

October IT, 19748:00 a.m___ General Discussion o f Civil

Aeronautical Operating Ef­fectiveness. (Purpose: To obtain members’ comments in the form of specific rec­ommendations as to where and how NASA might best apply its resources and ex­pertise fn solving opera­tional problems in civil aviation.)

9:30 a.m___ Review o f Langley ResearchCenter’s Operating Systems Research Programs; (Pur­pose: To inform members on Center projects o f par­ticular interest a.n<i ta ob­tain suggestions pertaining to the focus and scope of the technical efforts and to the importance of the results.)

1:00 p.m___ Inspection, of Langley Facili­ties-and Description of Pro­grams. in Paners Areas o f Interest.

FEDERAt REGISTER, V O L 39, NO. 186— TUESDAY, SEPTEMBER 24, 1974

34340 NOTICES

2:30 p.m___ Continuation of Members’General Discussion and Development of Panel Rec­ommendations. (Purpose: To discuss information from previous agenda items and to develop recommen­dations and position state­ments.)

4:00 p.m___ Chairman’s Concluding Re­marks.

4:30 p.m___ Adjournment.B oyd C. M y ers , II,

Assistant Associate Administra­tor for Organization and Management, National Aero­nautics and Space Adminis­tration.

S eptember 17, 1974.[PR Doc.74-22138 Piled 9-23-74;8:45 am]

OFFICE OF MANAGEMENT AND BUDGET

CLEARANCE OF REPORTS List of Requests

The following is a list of requests for clearance of reports intended for use in collecting information from the public received by the Office of Management and Budget on September 19, 1974 (44 USC 3509): The purpose of publishing this list in the F ederal R egister is to in­form" the public.

The list includes the title of each re­quest received; the name of the agency sponsoring the proposed collection of in­formation; the agency form number, if applicable; the frequency with which the information is proposed to be collected; the name of the reviewer or reviewing division within OMB, and an indication of who will be the respondents to the proposed collection.

The symbol (x) identifies proposals which appear to raise no significant is­sues, and are to be approved after brief notice through this release.

Further information about the items on this Daily List may be obtained from the Clearance Office, Office of Manage­ment and Budget, Washington, D.C. 20503 (202-395-4529), or from the re­viewer listed.

N e w F o r m s

DEPARTMENT OP AGRICULTUREEconomic Research Service, rail user survey,

fo rm ___ , single time, Strasser (395-3880),Users of rail service at sampled stations.

ENVIRONMENTAL PROTECTION AGENCYSurvey of “Recreation Losses from Water

Pollution” form ___ , single time, Planchon(395-3898), Weiner (395-4890); households in Boston SMSA.

SOTDAT (Source Test Data) fo r m ----- , oc­casional, Weiner (395-4890), air pollution emission record.

DEPARTMENT OP HOUSING AND URBAN DEVELOPMENT

Office of Policy Development and Research mailing list questionnaire, fo r m ----- , oc­casional, CVA (395-3532), business firms.

TENNESSEE VALLEY AUTHORITYSurface mine survey—landowner interview,

f o r m ___ _ single time, ESD (395-3910),

surface and mineral owners of orphan bank land.

DEPARTMENT OP TRANSPORTATION

U.S. Coast Guard: Preliminary Plans for a Boating Industry Survey, Form — -, single time, Planchon (395—3898), Busi­ness firms.

Departmental :Questionnaire on Federal Economic

Regulations Governing Private Truck­ing, Form___ , single time, EGG (395—345Ï), Strasser (395-3880), Companies having private trucking operations.

U.S. CIVIL SERVICE COMMISSION

Supplemental Qualification Questionnaire for Equal Opportunity Specialist, GS-5 and GS—7, Form CSC 1195, Occasional, Sheftel (395-3898), Applicants.

R e v isio n s

DEPARTMENT OP AGRICULTURE

Statistical Reporting Service, Rice Produc­tion and Farm Stocks, F o rm ------, Occa­sional, Lowry (395-3772), Rice farmers.

Ex t e n s io n s

DEPARTMENT OP AGRICULTURE

Agricultural Marketing Service:Regulations for the Voluntary Grading and

Inspection of Poultry (7 CFR Part 70),F orm ,___ , Occasional, Evinger (395-3648), Poultry processors.

Regulations Governing the Grading and Inspection of Domestic Rabbits (7 CFR54), Form__ _, Occasional, Evinger (395-3648), Rabbits processing firms.

P h illip D . L arsen, Budget and Management

Officer.[FR Doc.74-22246 Filed 9-23-74;8:45 am]

SECURITIES AND EXCHANGE COMMISSION[File No. 500-1]

EQUITY FUNDING CORPORATION OF AMERICA

Suspension of TradingSeptember 18, 1974.

It appearing to the Securities and Ex­change Commission that the summary suspension of trading in the common stock, warrants to purchase the stock, 9Y2 percent debentures due 1990, 5y2 percent convertible subordinated deben­tures due 1991, and all other securities of Equity Funding Corporation of Amer­ica being traded otherwise than on a na­tional securities exchange is required in the public interest and for the protection of investors;

Therefore, pursuant to section 15(c)(5) of the Securities Exchange Act of 1934, trading in such securities other­wise than on a national securities ex­change is suspended, for the period from September 19, 1974 through Septem­ber 28,1974.

By the Commission.[ seal] G eorge A . F itzsim m o n s ,

Secretary.[FR Doc.74-22163 Filed 9-23-74;8:45 am]

[File No. 500-1]INDUSTRIES INTERNATIONAL, INC.

Suspension of TradingS eptember 18, 1974.

It appearing to the Securities and Ex­change Commission that the summary suspension of trading in the common stock of Industries International, Inc. being traded otherwise than on a na­tional securities exchange is required in the public interest and for the protection of investors;

Therefore, pursuant to section 15(c) (5) of the Securities Exchange Act of 1934, trading in such securities other­wise than on a national securities ex­change is suspended, for the period from September 19, 1974 through Septem­ber 28,1974.

By the Commission:[ seal] G eorge A. F itzsim mons ,

Secretary.[FR Doc.74-22164 Filed 9-23-74;8:45 am]

[File No. 500-1]WESTGATE CALIFORNIA CORP.

Suspension of TradingS eptember 18,1974.

It appearing to the Securities and Ex­change Commission that the summary suspension of trading in the common stock (classes A and B ), the cumulative preferred stock (5 percent and 6 per­cent) , the 6 percent subordinated deben­tures due 1979 and the 6Vz percent con­vertible subordinated debentures due 1987 being traded otherwise than on a national securities exchange is required in the public interest and for the pro­tection of investors;

Therefore, pursuant to section 15(c) (5) of the Securities Exchange Act of 1934, trading in such securities other­wise than on a national securities ex­change is suspended, for the period from September 19, 1974 through September 28,1974.

By the Commission.[ seal] G eorge A. F itzsimmons,

Secretary.[FR Doc.74-22165 Filed 9-23-74;8:45 am]

[File No. 500-1]ZENITH DEVELOPMENT CORP.

Suspension of TradingS eptember 18,1974.

It appearing to the Securities and Ex­change Commission that the summary suspension of trading in the common stock of Zenith Development Corporation being traded otherwise than o n a na­tional securities exchange is required m the public interest and for the protection of investors; .

Therefore, pursuant to se c tio n l o ^ ; (5) of the Securities Exchange Act oi i934, trading in sueh s e c u r itie s other­wise than on a national securities ex-

FEDERAL REGISTER, V O L 39, N O . 186— TUESDAY, SEPTEMBER 24, 1974

NOTICES 34341change is suspended, for the period from September 19, 1974 through September 28,1974.

By the Commission.[seal] G eorge A. F itzsimmons,

Secretary.[PR Doc.74-22166 Piled 9-23-74;8:45 am]

[70-5550]LOUISIANA POWER & LIGHT CO.Notice of Issuance and Sale of First

Mortgage BondsS eptember 18, 1974.

Notice is hereby given that Louisiana Power & Light Company, 142 Delaronde Street, New Orleans, Louisiana 70174 (“LP&L”), an electric utility subsidiary company of Middle South Utilities, Inc., a registered holding company, has filed a declaration with this Commission pur­suant to the Public Utility Holding Com­pany Act of 1935 (“Act” ), designating sections 6(a) and 7 of the Act and Rule 50 promulgated thereunder as applicable to the following proposed transactions. All interested persons are referred to the application-declaration, which is sum­marized below, for a complete statement of the proposed transactions.

LP&L proposes to issue and sell, sub­ject to the competitive bidding require­ments of Rule 50 under the Act, $50,000,- 000 principal amount of a new series of its First Mortgage Bonds having a term of not less than five nor more than thirty years. The interest rate of the bonds (which will be a multiple of Vs of 1%) and the price, exclusive of accrued interest, to be paid to LP&L for the bonds (which will be not less than 100% nor more than 102%% of the principal amount thereof) will be determined by competitive bidding. The bonds will be issued under the company’s Mortgage and Deed of Trust, dated as of April 1, 1944, to The Chase Manhattan Bank (National Association), as successor Trustee, as heretofore supplemented by various indentures and as to be further supplemented by a Twentieth Supple­mental Indenture to\be dated as of No­vember l, 1974. The Supplemental Inden­ture will include, among other things, a prohibition for a period not more than five years against refunding the bonds, airectly or indirectly, with funds bor- rowed at a lower effective interest cost. « is further stated that, in light of exist- K S “ *?* conditions, LP&L may amend

see^ exemPtions from Rule 50 ,th€ Commission’s Statement of

l w f re! Pect to First Mortgage thro vf° ^ at it may offer the bonds trough a negotiated public offering andfive reiunding protection in excess of nve years.p states it will apply the

denved from the issue an bonds to the payment of sh

borrowings estimated to total $4 ooi proceedscnm ’ t0 the financing, in par othi>any S construction progran other corporate purposes.

Fees and expenses incident to the is­suance and sale of the bonds are esti­mated to total $140,000, including legal fees of $40,000 and auditor’s fees of $8,500. LP&L states that ho State or Fed­eral commission, other than this Com­mission, has jurisdiction over the pro­posed transactions.

Notice is further given that any inter­ested person may, not later than Octo­ber 15, 1974, request in writing that a hearing be held on such matter, stating the nature of his interest, the reasons for such request, and the issues of fact or law raised by said declaration which he desires to controvert; or he may request that he be notified if the Commission should order a hearing thereon. Any such request should be addressed: Secretary, Securities andi Exchange Commission, Washington, D.C. 20549. A copy of such request should be served personally or by mail (air mail if the person being served is located more than 500 miles from the point of mailing) upon the declarant at the above-stated address, and proof of service (by affi­davit or, in case of an attorney at law, by certificate) should be filed with the request. At any time after said date, the declaration, as filed or as it may be amended, may be permitted to become effective as provided in Rule 23 of the General Rules and Regulations promul­gated under the Act, or the Commission may grant exemption from such rules &z provided in Rules 20(a) and 100 there­of or take such other action as it may deem appropriate. Persons who request a hearing or advice as to whether a hear­ing is ordered will receive any notices and orders issued in this matter, including the date of the hearing (if ordered) and any postponements thereof.

For the Commission, by the Division of Corporate Regulation, pursuant to dele­gated authority.

[seal] G eorge A. F itzsimmons, Secretary.

[FR Doc.74-22083 Filed 9-23-74;8:45 am]

[70-5548]OHIO POWER CO.

Notice of Proposed Issue and Sale by Sub­sidiary Company of First Mortgage Bonds at Competitive Bidding

September 18,1974.Notice is hereby given that Ohio

Power Company, 2 Broadway, New York, New York 10004 (“Ohio” ), an electric utility subsidiary company of American Electric Power Company (“AEP” ) , a registered holding company, has filed an application with this Commission pur­suant to the Public Utility Holding Com­pany Act of 1935 (“Act” ), designating section 6(b) of the Act and Rule 50 promulgated thereunder as applicable to the proposed transactions. All interested persons are referred to the application, which is summarized below, for a com­plete statement of the proposed transactions.

Ohio proposes to issue and sell, pur­suant to the competitive bidding require­

ments of Rule 50 under the Act, up to $30,000,000 aggregate principal amount of its first mortgage bonds (“bonds” ) of a new series maturing in not less than 5 and not more than 30 years. The ma­turity of the bonds will be determined not less than 72 hours prior to the bid­ding date. The interest rate on the bonds (which shall be a multiple of y8 of 1 percent) and the price to be paid to Ohio (which shall not be less than 99 per­cent nor more than 102% percent of the principal amount thereof) will be de­termined by competitive bidding. The bonds will be issued under and pursuant to the Mortgage and Deed of Trust be­tween Ohio and Manufacturers Hanover Trust Company and Donald B. Herterich, as trustee, as amended and supple­mented, and as further supplemented by an Indenture Supplemental to be dated as of the first day of the month in which the bonds are issued and sold. The terms of each series of bonds will preclude Ohio from redeeming any such bonds at a regular redemption price prior to No­vember 1, 1979, if such redemption is for the purpose of refunding such bonds through the use of funds borrowed at an effective interest cost lower than the effective interest cost of the bonds.

The bonds proposed to be sold herein will not be issued and sold unless prior to such sale Ohio shall have received from AEP one or more cash capital con­tributions aggregating $30,000,000 sub­sequent to August 31, 1974, and prior to the time of such sale. Request for author­ity for such capital contributions is now pending before the Commission (File No. 70-5338).

The proceeds from the sale of the bonds and the cash capital contributions are to be applied to payment of Ohio’s unsecured short-term indebtedness. It is expected that as of the time of the is­suance and sale of the bonds, Ohio will have short-term debt outstanding esti­mated at approximately $180,000,000.

It is stated that the Public Utilities Commission of Ohio has jurisdiction over the proposed issue and sale of the bonds and that no other state commission and no federal commission, other than this Commission, has jurisdiction over the proposed transactions. Fees and expenses to be incurred in connection with the proposed transactions are to be supplied by amendment.

Notice is further given that any in­terested person may, not later than October 16, 1974, request in writing that a hearing be held on such matter, stating the nature of his interest, the reasons for such request, and the issues of fact or law raised by said application which he desires to controvert; or he may request that he be notified if the Commission should order a hearing thereon. Any such request should be addressed: Secre­tary, Securities and Exchange Commis­sion, Washington, D.C. 20549. A copy of such request should he served personally or by mail (air mail if the person being served is located more than 500 miles from the point of mailing) upon the applicant at the above-stated address, and proof of service (by affidavit or, in

FEDERAL REGISTER, VOL. 39, NO . 186— TUESDAY, SEPTEMBER 24, 1974

34342 NOTICES

case of an attorney at law, by certifi­cate) should be filed with the request. At any time after said date, the appli­cation, as filed or as it may be amended, may be granted as provided in Rule 23 of the General Rules and Regulations promulgated under the Act, or the Com­mission may grant exemption from such rules as provided in Rules 20(a) and 100 thereof or take such other action as it may deem appropriate. Persons who re­quest a hearing or advice as to whether a hearing is ordered will receive any notices and orders issued in this matter, including the date of the hearing (if ordered) and any postponements thereof.

For the Commission, by the Division of Corporate Regulation, pursuant to delegated authority.

[ seal! G eorge A. F itzsim m o n s ,Secretary.

[PR Doc.74-22084 Piled 0-23-74;8:45 am]

SEC REPORT COORDINATING GROUP (ADVISORY)

Notice of Public MeetingPursuant to section 10(a) (2) of the

Federal Advisory Committee Act, Pub. L. 92-463, 86 Stat. 770, the Securities and Exchange Commission announces several public advisory committee meetings.

The Commission's Report Coordinating Group will hold the following meetings during the month of October, 1974:

1. October 8 and 9, 1974 at 55 Water Street, Twenty-third Floor, New York, N.Y. The meetings will commence at 9 :30 a.m. local time each day and will be for the purpose of developing the FOCUS Re­port of financial and operational infor­mation and discussing the simplifica­tion of trading forms, assessment forms, and registration forms;

2. October 14, 1974 at 77 Water Street, Nineteenth Floor, New York, N.Y. The meeting will commence at 9:30 a.m. local time and will be for the purpose of dis­cussing development of simplified trad­ing forms;

3. October 25,1974 at 618 South Spring Street, Eighth Floor, Los Angeles, Cali­fornia. The meeting will commence at 1 p.m. local time and will be for the pur­pose of discussing simplified assessment forms; and

4. October 28, 1974 at 77 Water Street, Nineteenth Floor, New York, N.Y. The meeting will commence at 9:30 a.m. local time and will be for the purpose of dis­cussing development of simplified trad­ing forms.

The Group’s meetings are open to the public. Any interested person may attend and appear before or file statements with the advisory committee. Said statements, if in written form, may be filed before or after the meeting. Oral statements shall be made at the time and in the manner permitted by the Report Coordinating Group.

The Report Coordinating Group was formed to assist the Commission in de­veloping a coherent, industry-wide, co­

ordinated reporting system. In carrying out this objective, the Report Coordinat­ing Group is to review all reports, forms, and similar materials required of broker- dealers by the Commission, the self- regulatory community and others. The Group is expected to advise the Commis­sion on such matters as eliminating un­necessary duplication in reporting, re­ducing report requirements where feasi­ble, and developing the FOCUS Report of financial and operational information (Securities Exchange Act Release No. 10612; Securities Exchange Act Release No. 10959).

Information concerning the meetings, including the procedures for submitting statements to the Group, may be ob­tained by contacting: Mr. Daniel J. Piliero n , Secretary, SEC Report Coor­dinating Group, Securities and Exchange Commission, Washington, D.C. 20549.

[seal ! G eorge A. F itzsim m o n s , Secretary.

S eptember 17,1974.I PR Doc.74-22085 Piled 9-24-74; 8:45 am]

UNITED STATES RAILWAY ASSOCIATION

ITJSRA Docket No. 75-29 ]PENN CENTRAL TRANSPORTATION CO.

Boston-Bay View Main Line; ProposedInterim Abandonment of Part of BranchThe Trustees in Bankruptcy of the

Penn Central Transportation Company (“Penn Central” ) propose to abandon a portion of the Boston-Bay View Main Line, a line of railroad in Schenectady County, New York, and have made a request to the United States Railway Association ("USRA” ) for the author­ization required for that purpose under section 304(f) of the Regional Rail Re­organization Act of 1973 (“ the Act” ), Pub. L. 93-236.

Section 304(f) provides:After {January 2, 1974], no railroad In

reorganization may discontinue service or abandon any line of railroad other than in accordance with the provisions of [the Act], unless it is authorized to do so by the Asso­ciation and unless no affected State or local or regional transportation authority reason­ably opposes such action, notwithstanding any provision of any other Federal law, the constitution or law of any State, or decision or order of or the pendency of any proceed­ing before any Federal or State court, agency, or authority.

The portion of the Boston-Bay View Main Line sought to be abandoned ex­tends from milepost 156.4 near Carman in a westerly direction to milepost 169.9 near Hoffmans, a distance of 13.5 miles in Schenectady County, New York. There are no stations on the line to be abandoned.

In support of its request, Penn Central asserts that:

(1) The area is served by motor com­mon carriers, as well as by private car­riers which will adequately accommo­date any demand for freight service in the area.

(2) No passenger service is provided on the line involved.

(3) The volume of freight traffic on the line has decreased in recent years because of the improvement in highway facilities and the concurrently increased use o f highway carriers.

(4) Presently there is no train service on the line because the primary function of the line was the movement of over­head or bridge traffic, which has since been routed over other lines. The line has not been used for freight service since July 1, 1971. Passenger service over this line ceased on January 26, 1972. There has been no use of the line except for an occasional detour movement since that time.

The request is accompanied by exhibits providing more detailed information.

To assist USRA In its analysis and disposition of this request, all affected or interested parties are invited to submit written statements, views, arguments or comments either favoring or opposing the discontinuance proposal.

Any such submissions must identify, by its Docket No., the request to which it relates, and must be filed with the Docket Clerk, United States Railway Association, Room 2216, Trans Point Building, 2100 Second Street, SW, Wash­ington, D.C. 20590, by October 30, 1974, to enable timely consideration by USRA. The docket containing the original appli­cation and all submissions received shaB be available for public inspection at that address.

In addition to this publication, Penn Central shall, by September 30, 1974, furnish a copy of this notice and invita­tion for written submissions, to known shippers on the portion of the Boston- Bay View Main Line sought to be aban­doned, to each creditor holding an obli­gation secured by that property, and to each labor union whose members are employed on that part of its line.

This action is taken pursuant to sec­tion 304(f) of the Regional Rail -Re* organization Act of 1973, Pub. L. 93-236.

Copies of this notice have been sent by USRA to the Governor of New York, the Public Service Commission of New York, the New York Department of Transportation, the County Manager and Board of Representatives of Schenectady County, N.Y., the Mayor and City Coun­cil of Schenectady, N.Y., the Town Supervisors of Rotterdam, N.Y., Glen- ville, N.Y. Notices have also been sent to the Director of the Rail Services Plan­ning Office, the Chairman of the Inter­state Commerce Commission and the President of AMTRAK, and also to news­papers and radio and television broad* casting stations servicing the area W* volved.

Dated at Washington, D.C. this day of September 1974.

Edward G. J ordan, President, United Stat®

Railway Association.{PR Doc.74-22073 Piled 9-23-74;8:45 A®]

FEDERAL REGISTER, V O L 39, N O . 186— TUESDAY, SEPTEMBER 24/ 1974

NOTICES 34343[USRA D ocket No. 75-26]

PENN CENTRAL TRANSPORTATION CO.Ida Branch; Proposed Interim

Abandonment of BranchThe Trustees in Bankruptcy of the

Penn Central Transportation Company (“Penn Central” ) propose to abandon the Ida Branch, a line of railroad in Lenawee and Monroe Counties, Michi­gan, and have made a request to the United States Railway Association (“USRA”) for the authorization re­quired for that purpose 'trader section 304(f) of the Regional Rail Reorganiza­tion Act of 1973 (“ the Act” ) , Pub. L. 93- 236.

Section 304(f) provides :After [January 2, 1974], n o railroad in

reorganization m ay d iscon tin ue service or abandon any line o f a railroad other than in accordance w ith th e provisions o f [th e A ct], unless it is authorized to d o so by the As­sociation and unless no affected State or local or regional transportation authority reason­ably opposes such action , notw ithstanding any provision o f any other Federal law, the constitution or law o f any State, or decision or order o f or the pendency o f any procéed - ing before any Federal or State court, agency, or authority.

The Ida Branch sought to be aban­doned extends from milepost 0.0 near Lenawee Junction in an easterly direc­tion to milepost 19.8 near Ida, a distance of 19.8 miles in Lenawee and Monroe Counties, State of Michigan. The line includes the stations of Deerfield, Peters­burg, and Ida.

In support of its request, Penn Central asserts that;,

(1) The line is generally in poor con­dition. Continued use of the line would require extensive restoration and re­newal work due to progressive wear and tear.

(2) The area is served by motor com­mon carriers as well as by private car­riers which will adequately accommodate any demand for freight service in the area.

(3) No passenger service is provided on the line involved.

(4) The volume of freight traffic on the line has decreased in recent years “ec,apse of the improvement in highway facilities and the concurrently increased use of highway carriers.

(5) The line is facility. not operated as a joint

(6) Operation of the line has been conducted at deficits of $2,999 for 1970, $16,469 for 1971, and $1,336 for the first three months of 1972.

(7) Expenditures for line improve- ments and maintenance would be pro­hibitive and could not be justified be-

the small traffic volume. bi?!16 is accompanied by ex-tion prov^ ng more detailed informa-

r>rJ-?-assist ^ R A in its analysis and * of this request, all affectec

M S parties are invited to sub r>nmvYn A m e n ts , views, argument t h ^ entS4.aeither favoring or oppo; the discontinuance proposal.hv > su°k submissions must idenl

i Docket No., the request to wl

it relates, and must be filed with the Docket Clerk, United States Railway As­sociation, Room 2216, Trans Point Build­ing, 2100 Second Street, SW, Washing­ton, D.C. 20590, by October 30, 1974, to enable timely consideration by USRA. The docket containing the original ap­plication and all submissions received shall be available for public inspection at that address.

In addition to this publication, Penn Central shall, by September 30, 1974, furnish a copy of this notice and invita­tion for written submissions, to known shippers on the Ida Branch sought to be abandoned, to each creditor holding an obligation secured by that property, and to each labor union whose members are employed on that part of its line. It shall also post and prominently display a copy of this notice at each station along that part of the line, continually during the period September 30-October 30, 1974.

This action is taken pursuant to sec­tion 304(f) of the Regional Rail Reor­ganization Act of 1973, Pub. L. 93-236.

Copies of this notice have been sent by USRA to the Governor of Michigan, the Public Service Commission of Michigan, the Board of County Supervisors of Le­nawee County, Mich., and Monroe Coun­ty, Mich., the Mayor and Council of Pe­tersburg, Mich., the Township Supervi­sors of Ida Township, Mich., the Village Council of Deerfield, Mich. Notices have also been sent to the Director of the Rail Services Planning Office, the Chairman of the Interstate Commerce Commission and the President of AMTRAK, and also to newspapers and radio and television broadcasting stations servicing the area involved.

Dated at Washington, D.C. this 17th day of September 1974.

E dw ard G . J ordan , President, United States

Railway Association.[F R Doc.74-22070 F iled 9-23-74; 8:45 am ]

[USRA D ocket No. 75-30]

PENN CENTRAL TRANSPORTATION CO.New Milford Secondary Track; ProposedInterim Abandonment of Part of BranchThe Trustees in Bankruptcy of the

Penn Central Transportation Company (“Penn Central” ) propose to abandon a portion of the New Milford Secondary Track, a line of .railroad in Litchfield County, Connecticut, and have made a request to the United States Railway As­sociation (“USRA” ) for the authoriza­tion required for that purpose under sec­tion 304(f) of the Regiohal Rail Reorgan­ization Act of 1973 (“ the Act” ) , Pub. L. 93-236.

Section 304(f) provides:A fter [January 2, 1974], n o railroad in re­

organization m ay discontinue service or aban­don any line o f a railroad other than in ac­cordan ce w ith th e provisions o f [th e A ct], unless it is authorized to do so by th e As­sociation an d unless n o affected State or local or regional transportation authority reasonably opposes su ch action , n otw ith ­standing any provision o f any other Federal

law, the con stitu tion or law o f any State, or decision or order o f or the pendency o f any proceeding before any Federal o r State court, agency, or authority.

The portion of the New Milford Sec­ondary Track sought to be abandoned ex­tends from milepost 13.2 near New Mil­ford, Conn., in a northerly direction to milepost 48.3 near Canaan, Conn., a dis­tance of 35.1 miles in Litchfield County, Connecticut. The line includes the sta­tions of Gaylordsville, Kent, Cornwall Bridge and Falls Village, Connecticut.

In support of its request, Penn Cen­tral asserts that:

(1) The line is generally in poor con­dition. Continued use of the line would require extensive restoration and renewal work due to progressive wear and tear.

(2) The area is served by motor common carriers, as well as by private carriers which will adequately accom­modate any demand for freight service in the area.

(3) No passenger service is provided on the line involved.

(4) The volume of freight traffic on the line has decreased in recent years because of the improvement in high­way facilities and the concurrently in­creased use of highway carriers.

(5) The line is not operated as a joint facility.

(6) Operation of the line has been conducted at deficits of $81,727 for 1970, and $60,175 for 1971.

(7) Expenditures for line improve­ments and maintenance would be pro­hibitive and could not be justified be­cause of the small traffic volumes.

The request is accompanied by ex­hibits providing more detailed infor­mation.

To assist USRA in its analysis and disposition of this report, all affected or interested parties are invited to sub­mit written statements, views, argu­ments or comments either favoring or opposing the discontinuance proposal.

Any such submissions must identify, by its Docket No., the request to which it relates, and must be filed with the Docket Clerk, United States Railway As­sociation, Room 2216, Trans Point Building, 2100 Second Street, SW, Wash­ington, D.C. 20590, by October 30, 1974, to enable timely consideration by USRA. The docket containing the original ap­plication and all submissions received shall be available for public inspection at that address.

In addition to this publication, Penn Central shall, by September 30, 1974, furnish a copy of this notice and invita­tion for written submissions, to known shippers on the portion of the New Mil­ford Secondary Track sought to be abandoned, to each creditor holding an obligation secured by that property, and to each labor union whose members are employed on that part of its line. It shall also post and prominently display a copy of this notice at each station along that part of the line, continually during the period from September 30- October 30, 1974.

This action is taken pursuant to sec­tion 304(f) of the Regional Rail Reor-

FEDERAL REGISTER, VOL. 39, NO. 186— TUESDAY, SEPTEMBER 24, 1974

34344 NOTICES

ganization Act of 1973, Pub. L. 93—236.Copies of this notice have been sent

by USRA to the Governor of Connec­ticut, the Public Utility Commission o f ' Connecticut, the Connecticut Depart­ment of Transportation, the Selectmen of Litchfield, Conn., Gaylordsville, Conn., Kent, Conn., Cornwall Bridge, Conn., Palls Village, Conn., and Canaan, Conn. Notices have also been sent to the Director of the Rail Services Plan­ning Office, the Chairman of the Inter­state Commerce Commission and the President of AMTRAK, and also to newspapers and radio and television broadcasting stations servicing the area involved.

Dated at Washington, D.C., this 17th day of September, 1974.

Edward G. J ordan, President, United States

Railway Association.[P R Doc.74-22074 Piled 9-23-74 ; 8:45 am ]

[USRA D ocket No. 75-27]PENN CENTRAL TRANSPORTATION CO.

Newport Secondary Track; ProposedInterim Abandonment of Part of BranchThe Trustees in Bankruptcy of the

Penn Central Transportation Company (“Penn Central” ) propose to abandon a portion of the Newport Secondary Track, a line of railroad in Newport County, Rhode Island, and have made a request to the United States Railway As­sociation (“USRA” ) for the authoriza­tion required for that purpose under sec­tion 304(f) of the Regional Rail Reorga­nization Act of 1973 (“ the Act” ) , Pub. L. 93-236.

Section 304(f) provides:A fter [January 2, 1974], n o railroad in re­

organization m ay d iscon tin ue service or abandon any lin e o f a railroad oth er than in accordance w ith the provisions o f [th e A ct], unless it is authorized to d o so by the A ssociation and unless n o affected State or local or regional transportation au th ority reasonably opposes su ch action , notw ith­standing any provision o f any oth er Federal law, the con stitu tion or law o f any State, or decision or order o f or th e pendency o f any proceeding before any Federal o r State court, agency, o r au th ority .

The portion of the Newport Secondary Track sought to be abandoned extends from milepost 21.2 near Portsmouth in a southerly direction to milepost 30.5 near Newport, a (distance of 9.3 miles in Newport County, Rhode Island. The line includes the stations of Melville and Newport.

In support of its request, Penn Central asserts that:

(1) The line is generally in poor con­dition. Continued use of the line would require extensive restoration and renewal work due to progressive wear and tear.

(2) The area is served by motor com­mon carriers, as well as by private car­riers which will adequately accommo­date any demand for freight service in the area.

(3) No passenger service is provided on the line ihvolved.

(4) The volume of freight traffic on the line has decreased in recent years because of the improvement in highway facilities and the concurrently increased use of highway carriers.

(5) The line is not operated as a joint facility.

Hie request is accompanied by exhibits providing more detailed information.

To assist USRA in its analysis and dis­position of this request, all affected or interested parties are invited to submit written statements, views, arguments or comments either favoring or opposing the discontinuance proposal.

Any such submissions must identify, by its Docket No., the request to which it relates, and must be filed with the Docket Clerk, United States Railway As­sociation, Room 2216, Trans Point Build­ing, 2100 Second Street SW., Washing­ton, D.C. 20590, by October 30, 1974, to enable timely consideration by USRA. The docket containing the original ap­plication and all submissions received shall be available for public inspection at that address.

In addition to this publication, Penn Central shall, by September 30, 1974, furnish a copy of this notice and invita­tion for written submissions, to known shippers on the portion of the Newport Secondary Track sought to be aban­doned, to each creditor holding an obli­gation secured by that property, and to each labor union whose members are employed on that part of its line. It shall also post and prominently display a copy of this notice at each station along that part of the line, continually during the period from September 30—October 30, 1974.

This action is taken pursuant to sec­tion 304(f) of the Regional Rail Reorga­nization Act of 1973, Pub. L. 93-236.

Copies of this notice have been sent by USRA to the Governor of Rhode Island, the Rhode Island Department of Business Regulation; Division of Public Utility, the Rhode Island Department of Transportation, the Mayor and City Councilmen of Newport, R.I., the town Administrator and Councilmen of Ports­mouth, R.I. Notices have also been sent to the Director of the Rail Services Plan­ning Office, the Chairman of the Inter­state Commerce Commission and the President of AMTRAK, and also to news­papers and radio and television broad­casting stations serving the area involved.

Dated at Washington, D.C. this 17th day of September 1974.

E dward G. J ordan, President, United States

Railway Association.[F R Doc.74-22071 F iled 9 -23-74 ;8 :45 am ]

[USRA D ocket No. 75-25]

PENN CENTRAL TRANSPORTATION CO.Poland Secondary Track; Proposed Interim

Abandonment of BranchThe Trustees in Bankruptcy of the

Penn Central Transportation Company ("Penn Central” ) propose to abandon

the Poland Secondary Track, a line of railroad in Herkimer County, New York, and have made a request to the United States Railway Association (“USRA”) for the authorization required for that purpose under section 304(f) of the Re­gional Rail Reorganization Act of 1973 (“ the Act” ) , Pub. L. 93-236.

Section 304(f) provides:A fter [January 2, 1974], n o railroad in re­organization m ay d iscon tin ue service or abandon any line o f a railroad other than in accordance w ith th e provisions o f [the Act], unless it is authorized to d o so b y the Asso­ciation and unless n o affected State or local or regional transportation authority reason­ably opposes su ch action , notwithstanding any provision o f any other Federal law, the con stitu tion or law o f any State, or decision or other o f or th e pendency o f any proceed­ing before any Federal or State court, agency, or authority.

The Poland Secondary Track sought to be abandoned extends from milepost 0.3 near Herkimer, New York in a north­westerly direction to milepost 17.0 near Poland, New York, a distance of 16.9 miles in Herkimer County, New York The line includes the stations of Middle- ville, Newport, and Poland.

In support of its request, Penn Central asserts that:

(1) The line is generally in poor con­dition and unservicable. Continued use of the line would require extensive res­toration and renewal work due to pro­gressive wear and tear.

(2) The area is served by motor com­mon carriers, as well as by private car­riers which will adequately accommo­date any demand for freight service in the area.

(3) No passenger service is provided on the line involved.

(4) The volume of freight traffic on the line has decreased in recent years because of the improvement in highway facilities and the concurrently increased use of highway carriers.

(5) Expenditures for line improve­ments and maintenance would be pro­hibitive and could not be justified be­cause of the small traffic volume.

(6) The principal patron on the line, the Borden Company, ceased operations at Newport, N.Y. in September, 1971.

The request is accompanied by exhibits providing more detailed information.

To assist USRA in its analysis and dis­position of this request, all affected or interested parties are invited to submit written statements, views, arguments or comments either favoring or opposing thediscontinuance proposal.

Any such submissions must identity, by its Docket No., the request to which it relates, and must be filed with the Docket Clerk, United States Railway Associa­tion, Room 2216, Tans Point Building- 2100 Second Street, SW, Washington, D.C. 20590, by October 30, 1974, to en­able timely consideration by U SRA.'in docket containing the original app“ cr“ tion and all submissions received shall oe A.vaiia.hifi for public inspection at tnaaddress.

In addition to this publication, P®jn* Central shall, by September 30,

FEDERAL REGISTER, VOL. 39, N O . 186— TUESDAY, SEPTEMBER 24, 1974

NOTICES M345furnish a copy of this notice and invita­tion for written submissions, to known shippers on the Poland Secondary Track sought to be abandoned, to each creditor holding an obligation secured by that property, and to each labor union whose members are employed on that part o f its line. It shall also post and promi­nently display a copy of this notice at each station along that part of the line, continually during the period from Sep­tember 30-October 3d, 1974.

This action is taken pursuant to sec­tion 304(f) of the Regional Rail Reorga- nfeation Act of 1973, Pub. L. 93-236.

Copies of this notice have been sent by USRA to the Governor of New York, the Public Service Commission of New York, the New York Department of Transpor­tation, the County Legislators o f Herki­mer County, the town Supervisors of Russia, N.Y., Newport, N.YM Fairfield, N.Y., and Herkimer, N.Y., the Mayor and1 Board of Trustees o f the Villages of Po­land, N.Y., Newport, N:Y., Middleville, N.Y. and Herkimer, N.Y. Notices have also been sent to the Director of the Rail Services Planning Office, the Chairman of the Interstate Cbmerce Commission and the President of AMTRAK, and also to newspapers and radio and television broadcasting stations servicing the area involved.

Dated at Washington, D.C., this 17th day of September 1974.

E dward G. Jordan, President, United States

Railway Association.[PR Doc.74-22069 Filed 9-23-T4; if: 45 am]

[USRA Docket No. 75-24]i

PENN CENTRAL TRANSPORTATION CO.Redstone Secondary Track; Proposed

Interim Abandonment of Part of Branch.The Trustees in Bankruptcy of the

^ IU1 Central Transportation Company (“Penn Central” ! propose to abandon a portion of the Redstone Secondary Track in Fayette County, Pennsylvania, and have made a request to the United States Railway Association (“USRA”) for the authorization required for that Purpose under section 304(f) of the Re­gional Rail Reorganization Act of 1973 ( the Act”), Pub. L. 93-236.

Section 304(f) provides:After [January 2, 1974], no railroad it

©organization may discontinue service oi abandon any line of a railroad other thar in aceorcjaTCg with the provisions of [the . 1* unless it is authorized) to do so hjxne Association and unless no affected State r local or regional transportation authority

ly opposes such action, netwith- any Pr°vision of any other Federal

or ri constitution or law o f any State »L t l . on or onter of °r the pendeney oi

before any Federal ©r state «»urt, agency, or authority.

n rttani of Redstone SecondrS0ugl1 be abandoned ex- «nct& from milepost 52.5 near Wesl

rownsville in a southeasterly directior to milepost 65.1 near Vance Mills, a dis-

ce 12.6 miles, in Fayette County

Pennsylvania. The line includes the sta­tion of Walterburg, Pennsylvania.

In support of its request, Penn Central asserts that;

(1! The line is generally In poor con­dition and unserviceable. Continued use of the line- would require extensive res­toration and renewal work due to pro­gressive wear and tear.

(2) The area is served by motor com­mon carriers, as well as by private car­riers which will adequately accommodate any demand for freight service in the area.

(3) . No passenger service is provided on the line involved.

(4) The volume of freight traffic on the line has decreased in recent years be­cause of the improvement in highway fa­cilities and the concurrently increased use of highway carriers.

(5) Operation of the line has been, conducted at deficits of $16,614 for 197Q, $18,525 for 1971, and $4,092 for the first three months of 1972.

(6) Expenditures for line improve­ments and maintenance would be pro­hibitive and could not be justified be­cause o f the small traffic volume.

(7) Any possible demand for freight transportation service that may arise in the future will be adequately handled by team track facilities at Uniontown, by Penn Central’s Trad!Van (Piggyback! service or by motor carriers.

(8) The volume of freight traffic on the line has decreased in recent years be­cause of the depletion of marketable coal reserves, the improvement in highway facilities and the concurrently increased rase of highway carriers. The area is pri­marily one of light industry, farmland and residential, and most of the com­merce fit this area is conducted by high­way*.

The request is accompanied by exhibits providing more detailed information.

Tb assist USRA in its analysis and dis­position of this request, all affected or interested parties are invited to submit written statements, views, arguments or comments either favoring or opposing the discontinuance proposal.

Any such submissions must identify, by its Docket No., the request to which it relates, and must be filed with the Docket Clerk, United States Railway As­sociation, Room 2216, Trans Point Build­ing, 2100 Second Street, SW, Washing­ton, D.C. 2Q590 by October 30, 1974, to enable timely consideration by USRA. The docket containing the original ap­plication and an submissions received shall be available for public inspection at that address.

In addition to this publication, Penn Central shall, hy September 3Q, 1974, furnish a copy of this notice and invita­tion far written submissions, to known shippers on the portion of the Redstone Secondary Track sought to be aban­doned, to each creditor holding an obliga­tion secured by that property, and to each labor union whose members, are employed on that part o f its line. It shall also post and prominently display a copy of this notice at each station

along that part of the line, continually during the period from September 30- October 30-, 1974.

This action is taken pursuant to sec­tion 304(f) of the Regional Rail Trans­portation Act of 1973, Pub. L. 93-236.

Copies of this notice have been sent by USRA to the Governor of Pennsyl­vania, the Public Utility Commission of Pennsylvania, the Pennsylvania De­partment of Transportation, the Board of County Commissioners of Fayette County, Pa., the Board of Supervisors of Franklin Township, Pa., and Jeffer­son Township, Pa., the Borough Council o f Grindstone, Pa. Notices have also been sent to the Director o f the Rail Services Planning Office, the Chairman of the Interstate Commerce C om m ission and the President of AMTRAK, and also to newspapers and radio and tele­vision broadcasting stations servicing the area involved.

Dated at Washington, D.C. this 17th day o f September 1974.

E dward G. Jordan, President, United States

Railway Association.[FR Doc.74-22068 Filed 9-23-74;8:45 am]

[USRA Docket No. 75-23 J PENN CEN TR AL TR ANSPORTATIO N CO.

St. M ary's Secondary Track; Proposed Interim Abandonment of Branch

The Trustees in Bankruptcy of the Penn Central Transportation Company (“Penn Central’*) propose to abandon the St. Mary’s Secondary Track, a line of railroad in Logan and Auglaize Coun­ties, Ohio, and have made a request to the United States Railway Association (“USRA’*) for the authorization re­quired for that purpose under section 304(f) o f the Regional Rail Reorgani­zation Act o f 1973 (“the Act” ) , Pub. L. 93-236.

Section 304(f) provides:After [January Z, 19741, no railroad in

reorganization may discontinue service or abandon any line o f a railroad other than in accordance with the provisions of [the Act], unless it is authorized to do so by the Association and unless no affected State or local or regional transportation authority reasonably opposes such action, notwith­standing any provision of any other Federal law; the constitution or law of any State, or decision or order of or the pendency of any proceeding before any Federal or State court, agency, or authority.

The S t Mary’s Secondary Track sought to be abandoned extends from Mile Post 54.7 near Bellefontaine in a westerly direction to Mile Post 93.5 near S t Mary’s, a distance of 38.3 miles, in Logan and Auglaize Comities, Ohio. This line includes the stations of Lewisiown, Russell’s Point, Lakeview, Sante Fe, Gutman, Wapakoneta, Moulton, and St. Mary’s, Ohkx

In support of its request, Penn Central asserts that:

(1) The line is generally in poor con­dition. Continued use of the line would require extensive restoration and renewal

FEDERAL REGISTER, VOL. 39, N O . 186— TUESDAY, SEPTEMBER 24, 1974

34346 NOTICES

work due to progressive wear and tear.(2) The area is served by motor com­

mon carriers, as well as by private car­riers, which will adequately accommo­date any demand for freight service in the area.

(3) No passenger service is provided on the line involved.

(4) The volume of freight traffic on the line has decreased in recent years because of increased use o f, highway carriers.

(5) The line is not operated as a joint facility.

(6) Operation of the line has been con­ducted at deficits of $19,561 in 1970 and $43,168 in 1971.

(7) Expenditures for line improve­ments and maintenance would be pro­hibitive and could not be justified because of the small traffic volume.

The request is accompanied by exhibits providing more detailed information.

To assist USRA in its analysis and dis­position of this request, all affected or interested parties are invited to submit written statements, views, arguments or comments either favoring or opposing the discontinuance proposal.

Any such submissions must identify, by its Docket No., the request to which it relates, and must be filed with the Docket Clerk, United States Railway As­sociation, Room 2216, Trans Point Build­ing, 2100 Second Street, SW, Washing­ton, D.C. 20590, by October 30, 1974, to enable timely consideration by USRA. The docket containing the original ap­plication and all submissions received shall be available for public inspection at that address.

In addition to this publication, Penn Central shall, by September 30, 1974, furnish a copy of this notice and invita­tion for written submissions, to known shippers on the part of the St. Mary's Secondary Track sought to be aban­doned, to each creditor holding an obli­gation secured by that property, and to each labor union whose members are employed on that part of the line. It shall also post and prominently display a copy of this notice at each station along that part of the line, continually during the period from September 30- October 30,1974.

This action is taken pursuant to sec­tion 304(f) of the Regional Rail Reor­ganization Act of 1973, Pub. L. 93-236.

Copies of this notice have been sent by USRA to the Governor of Ohio, the Pub­lic Utility Commission of Ohio, the County Commissioners of Logan and Auglaize Counties, Ohio; the Mayor and City Council of Bellefontaine, St. Mary’s, and Wapokoneta, Ohio; the Mayor and Town Council of Russell’s Point, Lake- view, and Moulton, Ohio. Notices have also been sent to the Director of the Rail Services Planning Office, the Chairman of the Interstate Commerce Commission and the President of AMTRAK, and also to newspapers and radio and television broadcasting stations servicing the area involved.

Dated at Washington, D.C. this 17$h day of September 1974.

E d w a r d G. J o r d a n , President, United States

Railway Association.[FR Doc.74-22067 Filed 9-23-74;8:45 am]

[USRA Docket No. 75-28]PENN CENTRAL TRANSPORTATION CO.

Stoughton Branch; Proposed Interim Abandonment of Part of Branch

The Trustees in Bankruptcy of the Penn Central Transportation Company (“Penn Central” ) propose to abandon a portion of the Stoughton Branch, a line of railroad in Bristol and Norfolk Coun­ties, Massachusetts, and have made a re­quest to the United States Railway Asso­ciation (“USRA” ) for the authorization required for that purpose under section 304(f) of the Regional Rail Reorganiza­tion Act of 1973 (“the Act” ), Pub. L. 93-236.

Section 304(f) provides;After [January 2, 1974], no railroad in re­

organization may discontinue service or abandon any line of a railroad other than in accordance with the provisions of [the Act], unless it is authorized to do so by the Asso­ciation and unless no affected State or local or regional transportation authority reason­ably opposes such action, notwithstanding any provision of any other Federal law, the constitution or law of any State, or decision or order of or the pendency of any proceed­ing before any Federal or State court, agency, or authority.

The portion of the Stoughton Branch sought to be abandoned extends from milepost 4.4 near Stroughton in a north­erly direction to milepost 10.0 (Termi­nus) near Easton, a distance of 5.6 miles, in Bristol and Norfolk Counties, Massa­chusetts. The line includes the stations of North Easton and Easton, Massachusetts.

In support of its request, Penn Central asserts that:

(1) The line is generally in poor con­dition. Continued use of the line would require extensive restoration and renewal work due to progressive wear and tear.

(2) The area is served by motor com­mon carriers, as well as by private car­riers which will adequately accommo­date any demand for freight service in the area.

(3) No passenger service is provided on the line involved.

(4) The volume of freight traffic on the line has decreased in recent years because of the improvement in highway facilities and the concurrently increased use of highway carriers.

(5) The line is not operated as a joint facility.

(6) Operation of the line has been con­ducted at deficits of $3,829 for 1970, $3,648 for 1971, and $912 for the first three months of 1972.

(7) Expenditures for line improve­ments and maintenance would be pro­hibitive and could not be justified because of the small traffic volume.

The request is accompanied by exhibits providing more detailed information.

To assist USRA in its analysis and disposition of this request, all affected or interested parties are invited to submit written statements, views, arguments or comments either favoring or opposing the discontinuance proposal.

Any such submissions must identify, by its Docket No., the request to which it relates, and must be filed with the Docket Clerk, United States Railway As­sociation, Room 2216, Trans Point Build­ing, 2100 Second Street, SW, Washing­ton, D.C. 20590, by October 30, 1974, to enable timely consideration by USRA. The docket containing the original ap­plication and all submissions received shall be available for public inspection at that address.

In addition to this publication, Penn Central shall, by September 30, 1974, furnish a copy of this notice and invita­tion for written submissions, to known shippers on the portion of the Stoughton Branch sought to be abandoned, to each creditor holding an obligation seemed by that property, and to each labor union whose members are employed on that part of its line. It shall also post and prominently display a copy of this notice at each station along that part of the line, continually during the period from September 30-October 30, 1974.

This action is taken pursuant to sec­tion 304(f) of the Regional Rail Reor­ganization Act of 1973, Pub. L. 93-236.

Copies of this notice have been sent by USRA to the Governor of Massachu­setts, the Massachusetts Department of Public Utility, the Massachusetts Execu­tive Office of Transportation and Con­struction, the Board of County Commis­sioners of Bristol County, Mass., and Norfolk County, Mass., the Selectmen of Easton, Mass., and Stoughton, Mass. Notices have also been sent to the Di­rector of the Rail Services Planning Of­fice, the Chairman of the Interstate Commerce Commission and the President of AMTRAK, and also to newspapers and radio and television broadcasting sta­tions servicing the area involved.

Dated at Washington, D.C. this 17th day of September 1974.

E d w a r d G. J or dan , President, United States

Railway Association.[FR Doc.74-22072 Filed 9-23-74;8:45 am]

[USRA Docket No. 75-31]PENN CENTRAL TRANSPORTATION CO.

Valley Branch; Proposed Interim Abandonment of Part of Branch

The Trustees in Bankruptcy of the Penn Central Transportation Company (‘‘Penn Central” ) propose to abandon part of the Valley Branch, a line of rail­road in Chautauqua County, N.Y.. ana Warren County, Pa., and have made request to the United States Association (“USRA”) for the autnor-

FEDERAL REGISTER, VOL. 39, N O . 186— TUESDAY, SEPTEMBER 24, 1974

NOTICES 34347ization required for that purpose under section 304(f> o f the Regional Rail Re­organization Act of 1973 (“the Act” >, Pub. L. 93-236.

Section304(f) provides:After [January 2, 1974], no railroad in

reorganization may discontinue service or abandon any line of a railroad other than in accordance with the provisions of [the Act], unless it is authorized to do so by the As­sociation and unless no affected State or local or regional transportation authority reasonably opposes such action, notwith­standing any provision of any other Federal law, the constitution or law of any State, car decision or order of or the pendency of any proceeding before any Federal or State court, agency, or authority.

The portion of the Valley Branch sought to be abandoned extends from milepost 32.1 near Falconer, N.Y., in a southerly direction to milepost 51.3 near North Warren, Pa., a distance o f 19*2 miles in Chautauqua County, N.Y„ and Warren County, 'Pa. The line includes the stations of Falconer, Falconer Jet., Jamestown, Frewsburg in New York and Akeley and Russel in Pa.

In support of its request, Penn Cen­tral asserts that:.

(1) The. line is generally in poor con­dition. Continued use of the- line would require extensive restoration and re­newal work due to progressive wear and tear.

(2> The area is served by motor com­mon carriers, as well as by private car­riers which will adequately accommodate any demand for freight service in the area.„(3) No passenger service is provided

on the line involved.(4) The volume o f freight traffic on

the line has decreased in recent years because of the improvement in highway facilities and the concurrently increased use of highway carriers.

(&) The line is not operated as a joint facility.

(6) Expenditures for line improve­ments and maintenance would be pro­hibitive and could not be justified be­cause of the small traffic volume.

The request is. accompanied by ex­hibits providing more detailed informa­tion.

To assist USRA in its analysis and dis­position of this report, all affected or interested parties are invited to submit written statements, views, arguments or comments either favoring or opposing the discontinuance proposal.

Any such submissions must identify, by its Docket No., the request .to* which « relates, and must be filed with the pocket Clerk, United States Railway Association, Room 2216, Trans Point Building, 2100 Second Street, SW, Wash- higton, D.C. 20590, by October 30, 1974, toenable timely consideration by USRA. wu ? 0cket containing the original ap- «fcCnu tl ap<* a^ submissions received tv.* available for public inspection at that address.r w Edition to this publication, Penn ^fPt.ral shall, by September 30, 1974, ti/Jr* a copy this notice and invita-

written submissions* to known PPers on the portion o f the Valley

Branch sought to be abandoned, to each creditor holding an obligation secured by that property, and to each labor union whose members are employed on that part of its line. It shall also post and’ prominently display a copy of this notice at each station along that part of the line, continually during thé period from September 30-Octofoer 30, 1974.-

This action is taken pursuant to sec­tion 304(f) o f the Regional Rail Reorga­nization Act Of 1973, Pub. Li 93-236:

Copies of this notice have been sent by USRA to the Governors of New York and Pennsylvania, the Public Service Commission of New York, the Public Utility Commission of Pennsylvania, the New York and Pennsylvania Depart­ments of Transportation, the County Legislature erf Chautauqua County, N.Y., the Board of County Commissioners of Warren County, Pa., the Mayor and City Council of Jamestown, N.Y., the town Supervisors of Carroll', N.Y., Ellicott, N.Y., and Poland, N.Y., the Board of Su­pervisors of Conewango Township, Pa., and Pine Grove Township, Pa., the Mayor o f Falconer, N.Y. Notices have also been sent to the Director of the Rail Services Planning Office, the Chairman of the Interstate Commerce Commission and the President of AMTRAK, and also to newspapers and radio and television broadbasting stations servicing the area involved.

Dated at Washington, D.C., this 17th day of September, 1974.

Edward G. Jordan, President, United States

Railway Association.[FR Doc.74-22075 Filed 9-23-74:8:45 am]

DEPARTMENT OF LABOROccupational Safety and Health

Adm inistration [V—74-47]

BO EIN G AEROSPACE CO.Notice of Application for Variance andInterim Order; Grant of Interim Order

I. Notice of application. Notice is here­by given that Boeing Aerospace Com­pany, P.O. Box 3999, Seattle, Washing­ton 98124 has made application pursuant to section 6(d) of the Williams-Steiger Occupational Safety and Health Act of 1970 (84 Stat. 1596; 29 U.S.C. 656) and 29 CFR 1905.11 for a variance and in­terim order pending a decision on the application for a variance, from the standards prescribed in 29 CFR Part 1910, Subparts D, E, and S, and 29 CFR Part 1926, Subparts E, K, and M con­cerning the guarding of openings and means of egress.

The addresses of the places of em­ployment that will be affected by the ap­plication are as. follows :Seattle Test Program Facility Number III 9724 E. Marginal: Way South Seattle, Washington 98124 Boeing, Pacific Test Center P.O. Box 1626Vandenberg Air Force Base California 93437

The Boeing Company Utah Area Air Force Plant 77 Hill Air Force Base Ogden, Utah 84401.The. Boeing Company—Wing I P.O. Box 2428Great Fails, Montana 59402 The Boeing Company—Wing H P.O. Box 188Ellsworth Air Force Base South Dakota 57706'The Boeing Company—Wing m P.O. Box 3000 Minot Air Force Base Minot, North Dakota 58701 The Boeing Company—Wing IV P.O. Box 5060 Whiteman Air Force Base Missouri 65301The Boeing Company—Wing V P.O. Box 122 Warren Air Force Base WyomingThe Boeing Company__Wing VIGrand Forks Air Force Base North Dakota 58201

The applicant certifies that employees who would be affected by the variance have been notified of the application by giving a copy of it to their authorized employee representative, and by posting a copy at all places where notices to em­ployees are normally posted. Employees have also been informed of their right to petition the Assistant Secretary for a hearing,

The applicant states that subcontrac­tors. will be informed of this application for a variance and will be required by the terms of their contracts, to inform their employees of the contents of the variance application.

Regarding the merits of the applica­tion, the applicant contends that it is providing a place o f employment as safe as that required by the standards con­tained in §§ 1910.22 Guarding Floor and Wall Openings and Holes; 1910.27 Fixed Ladders; 1910.36 and 1910.37 Means of Egress; 1926.104 Safety Belts, Lifelines, and Lanyards; and 1926.500 Guardrails, Handrails, and Covers.

The applicant states that it and the applicant’s subcontractors .perform var­ious support functions for the Minute- man Weapon System of the United States Air Farce. The means of access into, and therefore egress from, underground launch, facilities and the walking and working surfaces within the facilities, are designed to deter unauthorized access to critical system eomponents. h i addition, the applicant maintains that the design of the launch facilities require that no physical feature could present a hazard during the launch of missiles. The appli­cant alleges that conformity with the standards would present such a hazard.

The applicant contends that while the existing Minuteman facilities do not meet the requirements of specific standards in Parts 1910 and 1926 the alternatives it proposes will provide a place of employ­ment as safe as that required by the standards. As an alternative to the re­quirements o f specific standards, the ap­plicant proposes to comply with the fol­lowing:

FEDERAL REGISTER, VOL. 39, NO. 186— TUESDAY, SEPTEMBER 24, 1974

34348 NOTICES

1. In lieu of the requirements of§§ 1910.23(a) (2), 1910.23(e) (1), 1926.500 (b )(2 ), 1910.23(e) (3) (ii), and 1926.500 (f) (1), safety belts and lanyards must be used by all personnel at the ladderway opening, which is on the level of the Per­sonnel Access Hatch( PAH). When work is performed at the ladderway opening, tools must be attached by a tether to the workman. In addition, when the PAH is open, a perimeter guard must be erected by placing three posts in per­manently mounted anchor plates with chain top railings mounted on posts pro­viding protection on two sides. The chains must be at a height of at least 30 inches and they must withstand a weight of 200 pounds. The third side must be protected by the hatch cover itself. The PAH barrier must normally be covered by an igloo-type shelter. When extensive work is being done at the ladderway opening, the opening must be closed by means of a special purpose cover or safety belts and lanyards must be used by all personnel at the ladderway open­ing. Hard hats must be worn by all per­sonnel inside the launch facility. All tools and materials must be lowered via a bas­ket or bucket to the interior of the fa­cility. , , ,

2. For the launch facility upper levelbarrier, the present chains and hinged cover shall be used as a safety barrier in lieu of the requirements of §§ 1910.23(a) (3), 1910.23(e)(1), 1910.23(e) (3) (ii),1926.500(b)(3), and 1926.500(f)(1). When work is required in the area, safety belts and lanyards must be used by all personnel.

3 In lieu of the requirements of §§ 1910.23(a) (7), 1910.23(e)(1), 1910.- 23(e) (3) (ii), 1910.23(e) (3) (iv ), 1910.- 23(e) (4), 1926.500(b) (7), 1926.500(f) (1), and 1926.500(f) (3) (i), safety belts and lanyards must be used by all personnel in the area. In addition, the present rail­ing with a chain midrail for the payload transporter van barrier must continue to be used. Three % inch nylon rope rails must surround the opening at the re­entry vehicle guidance and control van barrier. .

4. In lieu of the requirements of§§ 1910.23(a) (8), 1910.23(a) (9), and1926.500(b) (8), either a toeboard at lease three inches high or a safety barrier at least thirty inches high must be pro­vided as a warning at the launch facility rattle space which is 6 " wide. On the shock isolated floors, such toeboards must be provided in order to prevent objects from falling to a lower level.

5. At the launch tube access door rail­ing, safety belts and lanyards must be used by ail personnel on the platform, and tools must be attached to workers by tethers, in lieu of the requirements of §§ 1910.23(b) (1), 1910.23(e) (1), 1910.- 23(e) (3) (ii), 1910.23(e) (3) (iv ), 1910.- 23(e) (9), 1926.500(c) (2), 1926.500(f) (1), and 1926.500(f) (7).

6. The transporter erector ladder, the payload transporter ladder, the launch control facility elevator shaft egress lad­der, the personnel access hatch ladder, and the launch facility equipment room ladder must be as designed and described

in Attachment 2 of the application for variance, in lieu of the requirements of §§ 1910.27(b) (1) (ii), 1910.27(b) (1) (iii), 1910J27 (c) (4), 1910.27(d) (1) ( i) , 1910.- 27(d) (1) (ii), 1910.27(d) (1) (iv), 1910.- 27(d) ( l) (v ), 1910.27(d)(2), and 1910.- 27(d)(3).

7. For the launch tube railing, the railing presently in use or a railing of the same design and construction must be used in lieu of the requirements of §§ 1910.23(e) (3) (iv) and 1926.500(f) (1).

8. Attach points for lifelines or lan­yards in the Minuteman launch facili­ties must be as designed and described in Attachment 3 of the application for variance, in lieu of the requirements of § 1926.104(b), provided they are annu­ally proof load tested to 2,500 pounds without deformation or failure and are visually inspected prior to use.

9. In lieu of the requirements of §§ 1910.36(b) (4), 1910.37(a), 1910.37(f) (1), 1910.37(i),‘ 1910.37(j), and 1010.- 37(k) (2), whenever the doors to a Minuteman launch facility must be closed for special tests with personnel inside, manloading shall be restricted and lock mechanisms shall not be operated to the locked position, supervisory per­sonnel and equipment necessary to open the door(s) shall be immediately avail­able and personnel in the closed facility shall be provided with self contained breathing apparatus for emergency use. In addition, whenever the single path of egress at a launch facility must be tem­porarily obstructed, manloading under­ground shall be restricted and a standby capability to remove the obstruction to egress, or to open a secondary egress path, shall be provided on site.

A copy of the application will be made available for inspection and copying upon request at the Office of Compliance Programming, U.S. Department of Labor, 1726 M Street NW., Room 210, Washing­ton, D.C. 20210, and at the following Re­gional and Area Offices:

R eg io n a l O ffic e s

U.S. Department of Labor Occupational Safety and Health Administra­

tion911 Walnut Street—Room 3000 Kansas City, Missouri 64106 U.S. Department of Labor Occupational Safety and Health Administra­

tionFederal Building—Room 16010 1961 Stout Street Denver, Colorado 80202 U.S. Department of Labor Occupational Safety and Health Administra­

tion9470 Federal Building P.O. Box 36017 450 Golden Gate Avenue San Francisco, California 94102 U.S. Department of Labor Occupational Safety and Health Administra­

tion1808 Smith Tower Building 506 Second Avenue Seattle, Washington 98104

A rea O f fic e s

U.S. Department of Labor Occupational Safety and Health Administra­

tion1627 Main Street—Room 1100 .Kansas City, Missouri 64108

U.S. Department of Labor Occupational Safety and Health Administra­

tionSuite 525 Petroleum Building 2812 1st Avenue—North Billings, Montana 59101 U.S. Department of Labor Occupational Safety and Health Administra­

tionSquire Plaza Building 8527 W. Colfax Avenue Lakewood, Colorado 80215 U.S. Department of Labor Occupational Safety and Health Administra­

tionExecutive Building—Suite 309 455 East 4th South Salt Lake City, Utah 84111 U.S. Department of Labor Occupational Safety and Health Administra­

tionHartwell Building—Room 401 19 Pine Avenue Long Beach, California 90802 U.S. Department of Labor Occupational Safety and Health Adminis­

tration121—107th Street, N.E.Bellevue, Washington 98004

All interested persons, including em­ployers and employees, who believe they would be affected by the grant or denial of the application for a variance are in­vited to submit written data, views and arguments relating to the pertinent ap­plication no later than October 24, 1974.

In addition, employers and employees who believe they would be affected by a grant or denial of the variance may re­quest a hearing on the application no later than October 24, 1974, in conform­ity with the requirements of 29 CFR 1905.15. Submission of written comments and requests for a hearing should be in quadruplicate, and must be addressed to the Office of Compliance Programming at the above address.

II. Interim Order. It appears from the application for a variance and interim order, and from attachments and exhi­bits accompanying the application, that an interim order is necessary to prevent an undue hardship on the applicant pending a decision on the variance appli­cation. Therefore it is ordered, pursuant to authority in section 6(d) of the Wil- liams-Steiger Occupational Safety and Health Act of 1970, and 29 CFR 1905.11 (c) that Boeing Aerospace Company be, and it is hereby, authorized to continue support functions at various Minuteman missile launching sites provided that the alternative safety measures proposed in the application for variance are adheredto. .

Boeing Aerospace Company shall give notice of this interim order to employe®8 affected thereby, by the same means required to be used to inform them of the application for a variance.

Effective date. This interim order shall be effective as of September 24,1974, ana shall remain in effect until a decision i rendered on the application for variance.

Signed at Washington, D.C., this 18th day of September 1974.

John Stender,Assistant Secretary of Labor.

[FR Doc.74-22149 Filed 9-23-74;8:45 am]

FEDERAL REGISTER, VOL. 39, NO. 186— TUESDAY, SEPTEMBER 24, 1974

NOTICES 34349[V—74-48]

KANSAS CITY CENTRAL PAPER BOX CO.Notice of Application for Variance and Interim Order; Grant of Interim Ordqr

I. Notice of application. Notice is here­by given that Kansas City Central Paper Box Company, 2911-43 Belleview Avenue, Kansas City, Missouri 64108 has made application pursuant to section 6(d) of the Williams-Steiger Occupational Safety and Health Act of 1970 (84 Stat. 1596; 29 U.S.C. 655) and 29 CFR 1905.11 for a variance and interim order pending a decision on the application for a vari­ance, from the standards prescribed in 29 CFR 1910.213(c) Hand-fed ripsaws.

The address of the place of employ­ment that will be affected by the appli­cation is as follows:Kansas City Central Paper Box Company 2911-43 Belleview Avenue Kansas City, Missouri 64108

The applicant certifies that employees who would be affected by the variance have been notified of the application by giving a copy of it to their authorized employee representative, and by posting a copy at all places where notices to em­ployees are normally posted. Employees have also been informed of their right to petition the Assistant Secretary for a hearing.

Regarding the merits of the applica­tion, the applicant contends that it is providing a place of employment as safe as that required by 29 CFR 1910.213(c) which requires that each circular hand- fed ripsaw shall be guarded by a hood which shall completely enclose that por­tion of the saw above the table and that portion of the saw above the material being cut. It is also required that the hood and mounting shall be arranged so that the hood will automatically adjust itself to the thickness of and remain in contact with the material being cut.

The applicant states that it makes wood block dies. It contends that the drag ereated by the contact of the guard against the wood blocks would cause an inaccuracy in the individual dies. In­stead, the guard is kept in a fixed posi­tion slightly above the material being cut. All the material is % inch thick.

The applicant alleges that the factory guard does not permit accurate cuts on blocks less than % inch wide. Instead, the applicant proposes the use of a two- Piece transparent plastic guard for all cuts on material less than % of an inch- The stationary piece covers the saw blade and is inch above the blade at operat­ing height. The other part of the guard is attached to a push guide 5/16 inch irom the stationary guard leaving a slot or a pick to hold the wood blocks being

sawed.a,A.copy of the application will be made available for inspection and copying pon request at the Office of Compliance

i ^ Department of Labor,^S treet NW, Room 210, Washing-

pi ’ ^ -C- 20210, and at the following Re­gional and Area Offices :

U.S. Department of Labor Occupational Safety and Health Administra­

tion911 Walnut Street—Room 3000 Kansas City, Missouri 64106 U.S. Department of Labor Occupational Safety and Health Administra­

tion1627 Main Street—Room 1100 Kansas City, Missouri 64108

All interested persons, including em­ployers and employees, who believe they would be affected by the grant or denial of the application for a variance are in­vited to submit written data, views and arguments relating to the pertinent ap­plication no later than October 24, 1974. In addition, employers and employees who believe they would be affected by a grant or denial of the variance may re­quest a hearing on the application no later than October 24, 1974, in conform­ity with the requirements of 29 CFR 1905.15. Submission of written comments and requests for a hearing should be in quadruplicate, and must be addressed to the Office of Compliance Programming at the above address.

H. Interim Order. It appears from the application for a variance and interim order that an interim order is necessary to prevent an undue hardship on the ap­plicant pending a decision on the vari­ance. Therefore it is ordered, pursuant to authority in section 6(d) of the Williams-Steiger Occupational Safety & Health Act of 1970, and 29 CFR 1905.11 (c) the Kansas City Central Paper Box Company be, and it is hereby, authorized to use the following guards in lieu of the hood required by 29 CFR 1910.213(c) (1 ):

(a) A fixed guard, Provided, That the space between the bottom of the guard and the material being cut shall not ex­ceed % of an inch if IV2 inches or more from the blade, and x/± inch if closer than IV2 inches.

(b) A two-piece transparent plastic guard as described in the application.

Kansas City Central Paper Box Com­pany shall give notice of this interim order to employees affected thereby, by the same means required to be used to inform them of the application for a variance.

Effective date. This interim order shall be effective as of September 24,1974, and shall remain in effect until a decision is rendered on the application for variance.

Signed at Washington, D.C., this 18th day of September 1974.

John Stender, Assistant Secretary of Labor.

[FR Doc.74-22148 Filed 9-23-74:8:45 am]

Office of the Secretary PPG INDUSTRIES, INC.

Worker Request for Certification of Eligibil- ity to Apply for Adjustment Assistance; Amendment of Scope of InvestigationOn September 13, 1974, the U.S. De­

partment of Labor, through the Director of the Office of Foreign Economic Policy,

Bureau of International Labor Affairs, published notice in the Federal R egister (39 FR 33038) of the institution of an investigation as provided in 29 CFR 90.11. The investigation is to determine whether any workers or former workers of the Henryetta, Oklahoma sheet glass plant of PPG Industries, Inc., Pittsburgh, Pennsylvania should be certified as eli­gible to apply for adjustment assistance under Chapter 3, Title HI of the Trade Expansion Act of 1962, including deter­minations of related subsidiary subjects and matters such as the date when un­employment or underemployment of such workers began or threatened to begin and the subdivision of the firm involved. A petition requesting certifi­cation of eligibility to apply for adjust­ment assistance had been filed with the Director on behalf of such workers and former workers by the United Glass and Ceramic Workers of North America (AFL-CIO) and Window Glass Cutters League of America (AFL-CIO). The re­quest for certification was made under Presidential Proclamation 3967 (Adjust­ment of Duties on Certain Sheet Glass) of February 27,1970.

Upon subsequent request of peti­tioners, the Director amended the scope of the Department’s investigation on September 16,1974 to include the Clarks­burg, West Virginia sheet glass plant of PPG Industries, Inc. where petitioners allege that workers and former workers are also entitled to apply for certification of eligibility to apply for adjustment as­sistance under Proclamation 3967.

The closing date for interested parties to submit to the Director written data, views or arguments relating to the sub­jects of investigation is hereby extended to October 3,1974.

Signed at Washington, D.C. this 19th day of September, 1974.

G loria G. Vernon, Director, Office of

Foreign Economic Policy.[FR Doc.74-22255 Filed 9-23-74;8:45 am]

INTERSTATE COMMERCE COMMISSION[Notice No. 596]

ASSIGNMENT OF HEARINGSSeptember 19, 1974.

Cases assigned for hearing, postpone­ment, cancellation, or oral argument ap­pear below and will be published only once. This list contains prospective as­signments only and does not include cases previously assigned hearing dates. The hearings will be on the issues as presently reflected in the Official Docket of the Commission. An attempt will be made to publish notices of cancellation of hearings as promptly as possible, but in­terested parties should take appropriate steps to insure that they are notified of cancellation or postponements of hear­ings in which they are interested. No amendments will be entertained after September 24, 1974.

FEDERAL REGISTER, VOL. 39, NO. 186— TUESDAY, SEPTEMBER 24, 1974

34350 NOTICES

MC—F—12154, Dodds Truck Line, Inc.—Pur­chase—Clinton Truck Lines, Inc., now be­ing assigned hearing November 7, 1974 <2 days), at Kansas City, Mo., in a hearing room to be later designated.

MC 97830 Sub 4. Bowen Trucking Co., Inc„ continued to October 16,1974, at Washing­ton, D.C., at the Offices of Interstate Com­merce Commission.

MC-C-8060, The Maxwell Co., Et A1—V— American Bulk Transport, Inc., formerly, Eldon Miller, Inc., and MC-C-8411, Ameri­can Bulk Transport Go.—Investigation and Revocation of Certificates, now assigned October 1, 1974, at Kansas City, Mo., Is postponed indefinitely.

MC 139084 Sub 1, Big Valley Supply & En­terprises Ltd., now assigned September 24, 1974, at Chicago, Illinois, is cancelled and application dismissed.

MC 139545 Sub 2, Henry C. Koeot and An­thony J. Kocot, Dba H. C. Koeot & Sons, now being assigned hearing December 2, 1974 (1 day), at New York, N.Y., in a War­ing room to be later designated.

MC 71593 Sub 1, C. G. Potter, Dba Maumee Express, now being assigned hearing De­cember 3, 1974 <2 days), at New York, N.Y„ in a hearing room to be later designated.

MC 18302 Sub 2, State Moving & Storage, Inc., now being assigned hearing December 5, 1974 (2 days), at New York, N.Y., In a hearing room to be later designated.

MC 52657 Sub 714, Arco Auto Carriers, Inc., now being assigned hearing December 3, 1974 (2 days), at Dallas, Tex., in a hear­ing room to be later designated.

MC 95876 Sub 150, Anderson Trucking Serv­ice, Inc., now being assigned hearing De­cember 5, 1974 (2 days), at Dallas, Tex„ In a hearing room to be later designated.

MO 127253 Sub 50, R. A. Corbett Transport, Inc., now being assigned hearing Decem­ber 9, 1974 (2 days), at Dallas, Tex., in a hearing room to be later designated.

No. 35965, Bluebonnet Express, Inc., V. Texas Tex-Pack Express, Inc., now being assigned hearing December 11, 1974 (3 days), in a hearing room to be later designated.[ seal] R obert L . O sw a ld ,

Secretary.[FR Doc.74-22182 Filed 9-23-74; 8:45 am]

[No. 34013]CO ST EVIDENCE; RULES TO GOVERN

ASSEM BLING AND PRESENTINGDissolution of Task Force

At a General Session of the Interstate Commerce Commission, held at its office in Washington, D.C., on the 30th day of August, 1974.

It appearing, That by a report and order served July 30,1970, 3371.C.C. 298, 327, and by notice dated February 19, 1971, the Commission, in the above cap­tioned proceeding, established a task force of Commission employees for the purpose of conferring with shipper, carrier, and other government agency representatives to consider the feasibility and practicability o í additional research projects into specific areas of transpor­tation cost ascertainment;

It further appearing, That the task force has met and conferred with shippers, carriers, and government agen­cies and has fulfilled its mandated obli­gations o f inquiry;

And it further appearing, That, having rendered its findings and conclusions to

participating representatives, the task force has completed its assigned duties.

It is ordered, That the task force be, and it is hereby dissolved.

And it is further ordered, That copy of this order be served upon all participants in this proceeding and that a copy be filed in the Office of the Secretary of the Commission as notice to the public.

By the Commission.I seal] R obert L . O sw ald ,

Secretary.[FR Doc.74-22177 FUed 9-23-74:8:45 am]

FOURTH SECTION APPLICATION FOR RELIEF

S eptember 19, 1974.An application, as summarized below,

has been filed requesting relief from the requirements of section 4 of the Inter­state Commerce Act to permit common carriers named or described in the ap­plication to maintain higher rates and charges at intermediate points than those sought to be established at more distant points.

Protests to the granting of an appli­cation must be prepared in accordance with Ride 40 of the general rules of prac­tice (49 CFR 1100.40) and filed on or be­fore October 9,1974.

FSA No. 42877—Joint Water-Rail Con­tainer Rates—Showa Line, Ltd. Filed by Showa Line, Ltd. (No. 8 ), for itself and interested rail carriers. Rates on general commodities, between ports in The Philippines, and rail stations on the U.S. Atlantic and Gulf Seaboard.

Grounds for relief—Water competi­tion.

By the Commission.[seal] R obert L. O sw a ld ,

Secretary.]FR Doc.74-22178 Filed 9-23-74;8:45 am]

[Notice No. 161]M OTOR CARRIER BOARD TR ANSFER

PROCEEDINGSS eptember 24, 1974.

Synopses of orders entered by the Motor Carrier Board of the Commission pursuant to sections 212 (b ), 206(a), 211, 312(b), and 410(g) of the Interstate Commerce Act, and rules and regulations prescribed thereunder (49 CFR Part 1132), appear below:

Each application (except as otherwise specifically noted) filed after March 27, 1972, contains a statement by applicants that there will be no significant effect on the quality of the human environment restating from approval of the applica­tion. As provided in the Commission’s special rules of practice any interested person may file a petition seeking re­consideration of the_ following numbered proceedings on or before October 14, 1974. Pursuant to section 17(8) of the Interstate Commerce Act, the filing of such a petition wifi postpone the effec­tive date of the order in that proceed­

ing pending its disposition. The matters relied upon by petitioners must be speci­fied in their petitions with particularity.

No. MC-FC-75199. By order of Sep­tember 17,1974, the Motor Carrier Board approved the transfer to WabaSh Valley Moving & Storage, Inc., Wabash, Ind., of Certificate No. MC 107246 issued by the Commission April 28, 1948, to Robert O. Rish, Wabash, Ind., authorizing the transportation of household goods be­tween points in Wabash County, Ind., on the one hand, and, on the other, points in Illinois, Ohio, and the lower peninsula of Michigan. Donald W. Smith, Esq., Suite 2465, One Indiana Square, In­dianapolis, Ind. 46204.

No. MC-FC-75301. By order of Sep­tember 17, 1974 the Motor Carrier Board approved the transfer to Industrial Rig­gers, Inc., Waterbury, Conn., of that por­tion of Certificate No. MC 34970 issued January 14, 1960, to The Ellis Motor Lines, Inc., Torrington, Conn., authoriz­ing the transportation of household goods between Torrington, Conn., on the one hand, and, on the other, points in New York. John E. Fay, Esq., attorney for Transferee, 630 Oak wood Avenue, West Hartford, Conn. 06110.

NO. MC-FC-75360. By order of Sep­tember 16,1974, the Motor Carrier Board approved the transfer to Sunvan Wash­ington, Inc., Seattle, Wash., of the oper­ating rights in Certificate No. MC-133356 (Sub-No. 1), issued June 29, 1971, to Sunvan fc Storage Company, Inc., Seattle, Wash., authorizing the transportation of used household goods, between points in King, Pierce, Thurston, Snohomish, and Kitsap Counties, Wash., restricted to shipments having a prior or subsequent movement beyond said points, in con­tainers, and to pickup and delivery serv­ice incidental to and in connection with packing, crating, and containerization or unpacking, Uncrating, and decontain­erization of such shipments. Alan F. Wohlstetter, 1700 K Street NW., Wash­ington, D.C. 20006, attorney for appli­cante.

[se a l] R obert L . O sw ald ,Secretary.

[FR Doc.74-22181 Filed 0-23-74;8:45 am]

[Notice No. 162]M OTOR CARRIER TRANSFER

PROCEEDINGSS eptember 24,1974

Application filed for temporary au­thority under section 210a(b) in connec­tion with transfer application under sec­tion 212(b) and Transfer Rules, 49 CFR Part 1132:

No. MC-FC-75405. By application filed June 10, 1974, MARTIN FLEET EQUIP­MENT, INC.. 2970 Blanchette St., Beau­mont, TX 77701, seeks temporary au­thority to lease the operating rights of w- J. ARABIE, doing business as «• j* ARABIE TRUCKING SERVICE, Route Box 255, Kountze, T X 77625, under sec­tion 210a(b). The transfer to MARTin

FEDERAL REGISTER, V O L 39, N O . 186— TUESDAY, SEPTEMBER 24, 1974

NOTICES 34351

FLEET EQUIPMENT, INC., of the op­erating rights of N. J. ARABIE, doing business as N. J. ARABIE TRUCKING SERVICE, is presently pending.

By the Commission.[seal] R obert L. O sw a ld ,

Secretary.[FR Doc .74-22180 Filed 9-23-74;8:45 am]

[Notice No. 163]MOTOR CARRIER TRANSFER

PROCEEDINGSSeptember 24, 1974..

Application filed for temporary au­thority under section 210a(b) in con­nection with transfer application under section 212(b) and Transfer Rules, 49 CPR Part 1132:

No. MC-FC-75408. By application filed September 17, 1974, LEE HAWKES TRANSFER, INC., 260 Poplar St., Poca­tello, ID 83201, seeks temporary author­ity to lease the operating rights of LEE M. HAWKES, doing business as LEE HAWKES TRANSFER, 200 Poplar St., Pocatello, ID 83201, under section 210a(b). The transfer to LEE HAWKES TRANSFER, INC., of the operating rights of LEE M. HAWKES, doing busi­ness as LEE HAWKES TRANSFER, is presently pending.

By the Commission. -[seal] R obert L. O sw a ld ,

Secretary.[FR Doc.74-22179 Filed 9-23-74;8:45 am]

IRREGULAR-ROUTE MOTOR COMMON CARRIERS OF PROPERTYElimination of Gateways

S eptember 19, 1974.The following letter-notices of pro­

posals to eliminate gateways for the pur­pose of reducing highway congestion, al­leviating air and noise pollution, mini- mizuig safety hazards and conserving fuel have been filed with the Interstate Commerce Commission under the Com­mission’s Gateway Elimination Rules (49 CFR 1065(a)), and notice thereof to all interested persons is hereby given as pro­vided in such rules.

An original and two copies of protests against the proposed elimination of any gateway herein described may be filed with the Interstate Commerce Commis­sion on or before October 4, 1974. A copy must also be served upon applicant or its representative. Protests against the elim­ination of a gateway will not operate to stay commencement of the proposed op­eration.

Successively filed letter-notices of the same carrier under these rules will be numbered consecutively for convenience m identification. Protests, if any, must reier to such letter-notices by number.TurNo'oMC 14702 (Sub-No. E45), filed S tE ’™1974- Applicant: OHIO FAST

INC., p.o. Box 808, Warren, Tovvia, Applicant’s representative:

mes M. Holland (same as above). Au­

thority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Road machinery, between points in Indiana on the one hand, and, on the other, points in Penn­sylvania (except points in Fayette, Greene, and Washington Counties). The purpose of this filing is to eliminate the gateway of points in Trumball County, Ohio.

No. MC 14702 (Sub-No. E46), filed May 31, 1974. Applicant: OHIO FAST FREIGHT, INC., P.O. Box 808, Warren, Ohio 44482. Applicant’s representative: James M. Holland (same as above). Au­thority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Household goods, as defined in Practices of Motor Common Carriers of Household Goods, 17 M.C.C. 467, between points in Illinois and Mich­igan on the one hand, and, on the other, points in Pennsylvania, New Jersey, New York, N.Y., Maryland, and those in the Washington, D.C., commercial zone, as defined by the Commission in 3 M.C.C. 243. The purpose of this filing is to elim­inate the gateway of Liberty Township, Trumbull County, Ohio.

No. MC 14702 (Sub-No. E47), filed May 31, 1974. Applicant: OHIO FASTFREIGHT, INC., P.O. Box 808, Warren, Ohio 44482. Applicant’s representative: James M. Holland (same as above). Au­thority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Household goods, as defined in Practices of Motor Common Carriers of Household Goods, 17 M.C.C. 467, between New York, N.Y., on the one hand, and, on the other, points in Penn­sylvania on, south, west, and north of a line beginning at the Ohio-Pennsylvania State line at Sharon and extending along U.S. Highway 62 to Mercer, thence along Pennsylvania Highway 58 to its intersec­tion with Pennsylvania Highway 8, thence along Pennsylvania Highway 8 to Butler, thence along Pennsylvania High­way 68 to its intersection with Pennsyl­vania Highway 65, thence along Penn­sylvania Highway 65 to Leetsdale, and thence along the southern boundary line of Beaver County to the Ohio-Pennsyl­vania State line. The purpose of this filing is to eliminate the gateway of Liberty Township, Trumbull County, Ohio.

No. MC 47336 (Sub-No. E l), filed May 15, 1974. Applicant: ECLIPSE MOTOR LINES, INC., P.O. Box 507, Bridgeport, Ohio 43912. Applicant’s rep­resentative: John Koish (same as above). Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: (1) iron and steel articles (except those of unusual value, high explosives, household goods, com­modities in bulk, commodities requiring special equipment, and those injurious or contaminating to other lading), (a) from points in Pennsylvania on and south of a line beginning at the New Jersey-Pen- sylvania State line and extending along Interstate Highway 78 to its intersection with Interstate Highway 81, thence along

Interstate Highway 81 to its intersection with the Pennsylvania Turnpike, thence along Pennsylvania Turnpike to its in­tersection with Interstate Highway 70, and thence along Interstate Highway 70 to the Pennsylvania-West Virginia State line, to points in Ohio (except Geauga and Ashtabula Counties) ; (b) frompoints in Pennsylvania on, east, and south of a line beginning at the New York-Pennsylvania State line and ex­tending along Interstate Highway 81 to its intersection with the Pennsylvania Turnpike, thence along the Pennsylvania Turnpike to its intersection with Inter­state Highway 70, and thence along In­terstate Highway 70 to the Pennsylvania- West Virginia State line, to points in Ohio on, south, and west of a line begin­ning at E. Liverpool and extending along

_ U.S. Highway 30 to its intersection with U.S. Highway 250, and thence along U.S. Highway 250 to the shore of Lake Erie at Sandusky.

(c) From points in Pennsylvania on, east, and south of a line beginning at the New York-Pennsylvania State line and extending along U.S. Highway 220 to its intersection with U.S. Highway*22, thence along U.S. Highway 22 to its intersection with U.S. Highway 119, thence along U.S. Highway 119 to its intersection with Interstate Highway 70, and thence along Interstate Highway 70 to the Pennsyl­vania-West Virginia State line, to points in Ohio on and south of a line beginning at Steubenville and extending along U.S. Highway 22 to its intersection with U.S. Highway 36, and thence along U.S. High­way 36 to the Ohio-Indiana State line, and (2) Metal products and machinery (except with exceptions specified above in (1) ), between points in Pennsylvania within 45 miles of Wheeling, W. Va., on the one hand, and, on the other, points in Indiana. The purpose of this filing is to eliminate the gateways of (a) Wheeling and Follansbee, W. Va., for (1) above, and (b) Wheeling, W. Va., for (2) above.

No. MC 52979 (Sub-No. E l), filed June 4, 1974. Applicant: HUNT TRUCK LINES, INC., P.O. Box 72, Rockwell City, Iowa 50579. Applicant’s representative: William L. Fairbank, 900 Hubbell Bldg., Des Moines, Iowa 50309. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transport­ing: Hardware, automotive supplies, and iron and steel articles (except commodi­ties requiring special equipment), from Chicago, 111., to points in Minnesota and South Dakota within 10 miles of Larch- Wood, Iowa. The purpose of this filing is to eliminate the gateway of points in Iowa on and north of U.S. Highway 20 and on and west of Iowa Highway 17.

No. MC 53965 (Sub-No. E l), filed June 4, 1974. Applicant: GRAVES TRUCK LINE, INC., P.O. Box 838, Salina, Kans. 67401. Applicant’s representative: John E. Jan- dera, 641 Harrison St., Topeka, Kans. 66603. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Meats, meat products and meat "by-products, and articles distributed by meat pack-

FEDERAL REGISTER, VOL. 39, NO. 186— TUESDAY, SEPTEMBER 24, 1974

34352

inghotises, as described in Sections A and C of Appendix I to the report in Descrip­tions in Motor Carrier Certificates, 61 M.C.C. 209 and 766 (except commodities in bulk, in tank vehicles), from points in that portion of Kansas lying on and east of a line commencing at junction U.S. Highway 81 and the Kansas-Ne- braska State line and thence along U.S. Highway 81 to junction U.S. Highway 24, thence along U.S. Highway 24 to junction U.S. Highway 77, thence along U.S. Highway 77 to junction U.S. High­way 50, thence along U.S. Highway 50 to junction Interstate Highway 35, thence along Interstate Highway 35 to junction Kansas Highway 68, thence along Kan­sas Highway 68 to junction Missouri- Kansas State line to points in Oklahoma and Deaf Smith, Randall, Armstrong, Donley, Collingsworth, Oldiham, Potter, Carson, Gray, Wheeler, Hamphill, Rob­erts, Moore, Hartley, Dallam, Sherman, Hensford, Lipscomb, Ochiltree, and Hutchinson Counties, Tex. The purpose of this filing is to eliminate the gateway of the plant site of Armour & Company located at or near Emporia, Kans.

No. MC 59150 (Sub-No. E21), filed May 28, 1974. Applicant: PLOOF TRANS­FER COMPANY, INC., 1901 Hill Street, Jacksonville, Fla. 32202. Applicant’s representative: Martin Sack, Jr., 1754 Gulf Life Tower, Jacksonville, Florida 32207. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Commod­ities, which because of size or weight re­quire specialized handling or rigging, between points in that part of Mississippi in and south of Coahoma, Quitman, Tal­lahatchie, Talobusha, Calhoun, Chicka­saw, and Monroe Counties, on the one hand, and, on the other, points in that part of Georgia in and south of Stewart, Webster, Sumter, Crisp, Wilcox, Telfair, Wheeler, Montgomery, Toombs, Tatnall, Evans, Bryan, and Chatham Counties. The purpose of this filing is to eliminate the gateway of points in Florida.

No. MC 59150 (Sub-No. E26), filed May 28, 1974. Applicant: PLOOF TRANS­FER COMPANY, INC., 1901 Hill Street, Jacksonville, Fla. 32202. Applicant’s representative: Martin Sack, Jr., 1754 Gulf Life Tower, Jacksonville, Florida 32207. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Building, wall, or insulating boards, and materials and supplies used in the installation of building, wall, or insulating boards, from points in that part of Florida in, east, and south of Columbia, Alachua, Marion, and Citrus Counties, to points in that part of Mississippi in and north of War­ren, Hinds, Rankin, Scott, Newton, and Lauderdale Counties. The purpose of this filing is to eliminate the gateway of the plantsite of Armstrong Cork Company, at Macon, Ga.

No. MC 63792 (Sub-No. E8), filed May 23, 1974. Applicant: TOM HICKSTRANSFER COMPANY, INC., P.O. Box 16006, Houston, Tex. 77022. Applicant’s representative: C. W. Ferebee (same as

NOTICES

above). Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: <A) Ma­chinery, eguipment, materials, and sup­plies used in or in connection with, the discovery, development, production, re­fining, manufacture, processing, storage, transmission, and distribution of natural gas' and petroleum, and their products and by-products, and machinery, mate­rials, equipment, and supplies used in, or in connection with, the construction, op­eration, repair, servicing, maintenance, and dismantling of pipelines, including the stringing and picking-up thereof (ex­cept the stringing and picking-up of pipe in connection with main pipelines). (B) Machinery, equipment, materials, and supplies used in, or in connection with, the construction, operation, repair, servicing, maintenance, and dismantling of pipelines, other than pipelines used for the transmission of natural gas, pe­troleum, their products and by-products, water, or sewerage, restricted to the transportation of shipments moving to or from pipeline rights of way.

(c) Earth drilling machinery and equipment, and machinery, equipment, materials, supplies, and pipe, incidental to, used in, or in connection with (a) the transportation, installation, removal, operation, repair, servicing, maintenance, and dismantling of drilling machinery and equipment, (b) the completion of holes or wells drilled, (c) the production, storage, and transmission of commodities resulting from drilling operations at well or hole sites, and (d) the injection or removal of commodities into or from holes or wells, (1) between points in that part of Kansas on and south of a line be­ginning at the Oklahoma-Kansas State line, thence along U.S. Highway 56 to junction UB. Highway 270, thence along U.S. Highway 270 to junction UB. High­way 160, thence along U.S. Highway 160 to junction UB. Highway 75, thence along UB. Highway 75 to junction U.S. High­way 54, thence along UB. Highway 54 to the Kansas-Missouri State line, on the one hand, and, on the other, points in that part of Colorado on and west of In­terstate Highway 25, (2) between points in Kansas, on the one hand, and, on the other, points in New Mexico, (3) between points in Utah, on the one hand, and, on the other, points in that part of Kansas on and south of a line beginning at the Oklahoma-Kansas State line, thence along U.S. Highway 56 to junction In­terstate Highway 70, thence along Inter­state Highway 70 to the Kansas-Missouri State line, (4) between points in Wyo­ming, on the one hand, and, on the other, points in that part of Kansas on and south of a line beginning at the Okla­homa-Kansas State line, thence along U.S. Highway 56 to junction U.S. High­way 270, thence along U.S. Highway 270 to junction U.S. Highway 160, thence along U.S. Highway 160 to the Kansas- Missouri State line, and (5) between points in that part of Kansas on and east of Interstate Highway 35 and on and south of UB. Highway 54, on the one hand, and, on the other, points in that

part of Wyoming in and west of Car bo, Natrona, Johnson, and Sheridan Coun­ties. The purpose of this filing is to elimi­nate the gateway of points in Texas.

No. MC 70083 (Sub-No. E2), filed June 4, 1974. Applicant: DRAKEMOTOR LINES, INC., 20 Olney Avenue, Cherry Hill, N.J. 08034. Applicant’s rep­resentative: Leonard C. Zucker (same as above). Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: General commodities (except those of unusual value, classes A and B explosives, house­hold goods as defined by the Commission, commodities in bulk, and commodities which, by reason of size or weight, require the uses of special equipment), between points in Rhode Island, on the one hand, and, on the other, New York, N.Y. The purpose of this filing is to eliminate the gateway of Boston, Mass.

No. MC 73688 (Sub-No. E13), filed May 14, 1974. Applicant: SOUTHERN TRUCKING CORP., P.O. Box 7195, Memphis, Tenn. 38107. Applicant’s rep­resentative: Fred F. Bradley, Frankfort, Ky. 40601. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Boards, composed of wood fibre and ce­ment combined, and accessories there­for, when moving incidental to and in the same vehicle with such boards, when such boards and accessories are roofing materials (except steel roofing ma­terials) , from Arkadelphia, Ark., to points in Kentucky. The purpose of this filing is to eliminate the gateway of Memphis, Tenn.

No. MC 88368 (Sub-No. E l) (Correc­tion) , filed May 15, 1974, republished in the F ederal R egister August 16, 1974. Applicant: CARTWRIGHT VAN LINES, INC., 1109 Cartwright Avenue, Grand­view, Mo. 64030. Applicant’s represent­ative: Theodore Polydoroff, Suite 600, 1250 Connecticut Ave., Washington, D.C. 20036. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: House­hold goods, (1) from points in Alabama, to points in Massachusetts (points in Harlan County, Ky., points in Jefferson County, Ohio, and Philadelphia, Pa.)*, points in Minnesota (Florence, Sheffield, and Tuscumbia, Ala., points in Missis­sippi and Missouri, and Harlan, Iowa, and points within 25 miles thereof)*, points in Missouri (Florence, Sheffield, and Tuscumbia, Ala., and points in Mississippi)*; * * * (3) from points in Mobile, Baldwin, Washington, Escambia, Conecuh, Monroe, Clark, Choctaw, Wil­son, Sumter, and Marengo Counties, Ala., to points in Mississippi County, Ark. (Florence, Sheffield, and Tuscum­bia, Ala., and points in Mississippi and Missouri)*; * * * (5) from points in and south of Pickens, Tuscaloosa, Bibb,

' Chilton, Chambers, Coosa, Tallapoosa Counties, Ala., within 100 miles of Bir­mingham, Ala„ not including Mont­gomery, Ala., to points in Berkeley, Dorchester, Colleton, Hampton, Jasper, Beaufort, and Charleston Counties, S.C.

FEDERAL REGISTER, VOL. 39, NO. 186— TUESDAY, SEPTEMBER 24, 1974

NOTICES 34355(Valdosta, Ga.) *; * * * The purpose o f this filing is to eliminate the gateways marked with asterisks above. The pur­pose of this correction is to indicate Chambers County, Ala.

No. MC-100666 (Sub-No. E137)? filed May 14, 1974. Applicant: MELTON TRUCK LINES, INC., P.O. Box 7666, Shreveport, La. 71107. Applicant’s rep­resentative: Paul L. Caplinger (same as above) . Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Paver and ‘paper products from points in Richmond County, Ga., to points in Arizona,. Cali­fornia, Idaho, Montana, Nevada, Oregon Utah, Washington, and Wyoming (points in Little River County, Ark.) *, to points in Colorado and New Mexico (the plant site of Calcasieu Paper Company, Inc., at or near Elizabeth, La.) *, and to points in Kansas on and west of U.S. Highway 81 and points in Nebraska on and west of U.S. Highway 281 (the plant site and storage facilities o f the Weyerhaeuser Company located at or near Valliant, Okla.) *. The purpose o f this filing is to eliminate the gateways indicated by the asterisks above.

No. MC 102143 (Sub-No. E l), filed June 4, 1974. Applicant. DOSCHER’S MOVING & STORAGE WAREHOUSE, INC., Hollis, N.Y. Applicant’s representa­tive: Arthur J. Piken, Suite 1515, One Lefrak City Plaza, Flushing, N.Y. 11368. Autlmrity sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Household goods, (1) between points in Connecticut on the one hand, and, on the other, points in Nassau and Suffolk Counties, N.Y., points in New York west of U.S. Highway 81 and points in New Jersey west and south of a line from the New York-New Jersey State line along New Jersey Highway 17 to the junction of U.S. Highway 1, thence along U.S. Highway 1 to the New York- New Jersey State line, (3) between points in New Jersey on and north of U.S. High­way 40 on the one hand, and on the other points in South Carolina on and North of U.S. Highway 17, (3) between points m New Jersey cm and north of a line from Trenton, N.J., along the northern boundary of Burlington County, thence along the western boundary of Mon­mouth County and thence along the Monmouth County-Ocean County bound­ary line to the Atlantic Ocean, on the

hand, an > 011 the other, points in North Carolina, (4) between points in

Jersey on and north of New Jersey highway 24 on the one hand, and, on the other points in Virginia, West Virginia, and Washington, D.C., (5) between Points in New Jersey on, north, and east 01 a line from the Hudson River at or near Weehawken, along N.J. Highway 3 jo the junction of U.S. Highway 46, thence along U.S. Highway 46, to the J 11® of U-S- Highway 202, thence

‘ Hiskway 202 to the New York- anJ ers®y State line on the one hand, ... ’ oa other, points in Maryland,

between points on New Jersey on and eas Garden State Parkway on the

one hand, and, on the other points in Connecticut. The purpose of this filing is to eliminate the gateway of New York, N.Y.

No. MC 106644 (Sub-No. E l), filed June 3, 1974. Applicant: SUPERIOR TRUCKING COMPANY, INC., 2770 Pey­ton Road NW„ Atlanta, Ga. 30318. Applicant’s representative: Archie B. Culbreth, 1252 West Peachtree St. NW , Atlanta, Ga. 30309. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transport­ing: (1) Commodities, the transporta­tion of which because of size or weight require the use of special equipment and (2) Self-propeUed articles, each weigh­ing 15,000 pounds or more, and related machinery, tools, parts, and supplies moving in connection therewith, be­tween points in Alabama on and east of a line from the Alabama-Tennessee State line along U.S. Highway 231 to the Montgomery County line, thence along the eastern boundary of Montgomery County to the junction of U.S. Highway 231, thence along U.S. Highway 231 to the Alabama-Florida State line on the one hand, and, on the other, points in Texas on and west of U.S. Highway 75. The purpose of this filing is to eliminate the gateway of points in Georgia.

No. MC 106644 (Sub-No. E2), filed June 3, 1974. Applicant: SUPERIOR TRUCKING COMPANY, INC., 2770 Pey­ton Road NW., Atlanta, Ga. 30318. Applicant’s representative: Archie B. Culbreth, 1252 W. Peachtree St. NW., Atlanta, Ga. 30309. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transport­ing: (1) Commodities, the transporta­tion of which because o f size or weight require the use o f special equipment, and

. (2) Self-propelled articles, each weigh­ing 15,000 pounds or more, and related machinery, tools, parts, and supplies moving in connection therewith between points in Arkansas on the one hand, and, on the other, points in Alabama on and east of a line from the Alabama-Florida State line along U.S. Highway 231 to the junction of U.S. Highway 431, thence along U.S. Highway 431 to the junction of Alabama Highway 9, thence along Al­abama Highway 9 to the junction of Ala­bama Highway 35, thence along Alabama Highway 35 the the junction o f U.S. Highway 11, thence along U.S. Highway II to the Alabama-Georgia State line. The purpose of this filing Is to eliminate the gateway of points in Georgia.

No. MC 106644 (Sub-No. E3>, filed June 3, 1974. Applicant: SUPERIOR TRUCKING COMPANY, INC., 2770 Peyton Road NW., Atlanta, Ga. 30318. Applicant’s representative: Archie B. Culbreth, 1252 W. Peachtree St. NW., Atlanta, Ga. 30309. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, trans­porting: (I) Commodities, the trans­portation of which because of size or weight require the use of special equip­ment; (2) Self-propelled articles, each weighing 15,000 pounds or more, and

related machinery, tools, parts, and sup­plies moving in connection therewith, between points in Florida on and east of U.S. Highway 231 on the one hand, and, on the other, points in Arkansas and Texas. The purpose of this filing is to eliminate the gateway of points in Georgia.

No. MC 106644 (Sub-No. E4>, filed June 3, 1974. Applicant: SUPERIOR TRUCKING COMPANY, INC., 2770 Peyton Road NW., Atlanta, Ga. 30318. Applicant’s representative: Archie B. Culbreth, 1252 W. Peachtree St. NW., Atlanta, Ga. 30309. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transport­ing: (1) Commodities, the transporta­tion of which because of size or weight, require the use of special equipment, and (2) Self-propelled articles, each weighing; 15,000 pounds or more, and related machinery, tools, parts, and supplies moving in connection therewith between points in Tennessee on and east of U.S. Highway 127 on the one hand, and, on the other, points in Arkansas and Texas. The purpose of this filing is to* eliminate the gateway of points in Georgia.

NO; MC 106644 (Sub-No. E5), filed Jtme 3, 1974. Applicant: SUPERIOR TRUCKING COMPANY, INC., 2770 Payton Road NW., Atlanta, Ga. 30318. Applicant’s representative: Archie B. Culbreth, 1252 W. Peachtree St. NW., Atlanta, Ga. 30309. Authority sought to operate as a. common carrier, by motor yericle, over irregular routes, transport­ing: (T) Commodities, the transporta­tion of which because of size or weight require the use of special equipment, and (2), Self-vropeUed articles, each weighing 15,000 pounds or more, and related machinery, tools, parts, and supplies moving in connection therewith between points in North Carolina and South Carolina, on the one hand, and, on the other, points in Texas and Arkansas, The purpose o f this filing is to eliminate the gateway of points in Georgia.

No. MC 106644 (Sub-No. E6>, filed June 3, 1974. Applicant: SUPERIOR TRUCKING COMPANY, INC., 2770 Peyton Road NW., Atlanta, Ga. 30318. Applicant’s representative: Archie B. Culbreth 1252 W. Peachtree St. NW., Atlanta, Ga. 30309, Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transport­ing: Commodities requiring special equipment and handling by reason of size or weight and machinery and self- propelled articles, each weighing 15,000 pounds or more and related machinery, tools, parts, and supplies moving in con­nection therewith between points in Alabama and Mississippi on the one hand, and, on the other, points in Mary­land, New York, and Pennsylvania. The purpose of this filing is to eliminate the gateway o f points in North Carolina.

No. MC 106644 (Sub-No. E7), filed June 3, 1974. Applicant: SUPERIOR TRUCKING COMPANY, INC., 2770 Pey-

FEDERAL REGISTER, VOL. 39, NO. 186— TUESDAY, SEPTEMBER 24, 1974

34354

ton Road NW., Atlanta, Ga. 30318. Appli­cant’s representative: Archie B. Cul- breth, 1252 W. Peachtree St. NW., At­lanta, Ga. 30309. Authority sought to op­erate as a common carrier, by motor ve­hicle, over irregular routes, transporting: Machinery and machinery parts, and heating or power boilers, iron or steel tanks, and steel smokestacks requiring special equipment between points in Ar­kansas on the one hand, and, on the other, points in Alabama, Florida, Geor­gia, North Carolina, South Carolina, and Tennessee. The purpose of this filing is to eliminate the gateway of points in Louisiana or Mississippi.

No. MC 106644 (Sub-No. E8), filed June 3, 1974. Applicant: SUPERIOR TRUCKING COMPANY, INC., 2770 Pey­ton Road NW., Atlanta, Ga. 30318. Ap­plicant’s representative: Archie B. Cul- breth, 1252 West Peachtree NW., At­lanta, Ga. 30309. Authority sought to op­erate as a common carrier, by motor ve­hicle, over irregular routes, transporting: Commodities requiring special equipment and handling by reason of size or weight and machinery and self-propelled arti­cles, each weighing 15,000 pounds or more, and related machinery, tools, parts, and supplies moving in connection therewith, between points in Tennessee on the one hand, and, on the other, points in Maryland, New York, and Penn­sylvania. The purpose of this filing is to eliminate the gateway of points in North Carolina.

No. MC 106644 (Sub-No. E9), filed June 3, 1974. Applicant: SUPERIOR TRUCKING COMPANY, INC., 2770 Pey­ton Road NW., Atlanta, Ga. 30318. Ap­plicant’s representative: Archie B. Cul- breth, 1252 West Peachtree St. NW., At­lanta, Ga. 30309. Authority sought to op­erate as a common carrier, by motor ve­hicle, over irregular routes, transporting: Machinery or parts thereof and heating and power boilers, iron or steel tanks, or steel smokestacks which require special equipment between points in Texas on the one hand, and, on the other, points in Alabama, Florida, Georgia, North Caro­lina, South Carolina, and Tennessee. The purpose of this filing is to eliminate the gateways of points in Louisiana and Mis­sissippi.

No. MC 106644 (Sub-No. E10), filed June 3, 1974. Applicant: SUPERIOR TRUCKING COMPANY, INC., 2770 Peyton Road NW., Atlanta, Ga. 30318. Applicant’s representative: Archie B. Culbreth, 1252 West Peachtree St. NW., Atlanta, Ga. 30309. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transport­ing: (1) Commodities, the transporta- ton of which, because of their size and weight, require the use of special equip­ment, and (2) Self-propelled articles, each weighing 15,000 pounds or more, and related machinery, tools, parts, and supplies, moving in connection there­with, between points in Louisiana on the one hand, and, on the other, points in Iowa and Missouri (except between points in Louisiana on and west of a

NOTICES

line from the Louisiana-Arkansas State line along U.S. Highway 167 to the junction of U.S. Highway 84, thence along U.S. Highway 84 to the junction of Louisiana Highway 6, thence along Louisiana Highway 6 to the Louisiana-Texas State line, on the one hand, and, on the other, points in Iowa east of U.S. Highway 71 and ex­cept between points in Louisiana on the one hand, and, on the other, points in Missouri east and north of a line from the Missouri-Arkansas State .line along U.S. Highway 63 to the junction of U.S. Highway 36, thence along U.S. Highway 36 to the junction of U.S. Highway 65 [excluding Chillicotjiel, thence along U.S. Highway 65 to the Mis- souri-Iowa State line). Restriction: The operations authorized under the com­modities described in (2) above are sub­ject to the following conditions: Said operations are restricted to the trans­portation of commodities which are transported on trailers. Said operations are restricted against the transporta­tion of pipe, pipeline machinery, equip­ment and supplies incidental to and used in connection with the construc­tion, operation, repair, servicing, and dismantling of pipelines and the string­ing or picking up thereof. The purpose of this filing is to eliminate the gateway of points in Tennessee.

No. MC 106644 (Sub-No. E ll), filed June 3, 1974. Applicant: SUPERIOR TRUCKING COMPANY, INC., 2770 Peyton Road NW., Atlanta, Ga. 30318. Applicant’s representative: Archie B. Culbreth, 1252 W. Peachtree St. NW., Atlanta, Ga. 30309. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, trans­porting: (1) Commodities, the trans­portation of which, because of their size and weight, require the use of spe­cial equipment and (2) Self-propelled articles, each weighing 15,000 pounds or more, and related machinery, tools, parts, and supplies, moving in connec­tion therewith between points in Arkan­sas on and east of a line from West Memphis along U.S. Highway 63 to the Arkansas-Missouri State line on the one hand, and, on the other, points in Louisiana and Mississippi. Restriction: The operations authorized under (2) above are subject to the following con­dition: Said operations are restricted to the transportation pf commodities which are transported on trailers. Said operations are restricted against the transportation of pipe, pipeline machin­ery, equipment and supplies incidental to and used in connection with the con­struction, operation, repair, servicing, and dismantling of pipelines and the stringing or picking up thereof. The purpose of this filing is to eliminate the gateway of points in Tennessee.

No. MC 107403 (Sub-No. E410), filed May 29, 1974. Applicant: MATLACK, INC., 10 W. Baltimore Ave., Lansdowne, P£. 19050. Applicant’s representative: John Nelson (same as above). Authority sought to operate as a common carrier, by motor vehicle, over irregular routes,

transporting: Liquid nitro paraffines and derivatives thereof, in bulk, in tank vehi­cles, from Sterlington, La., to points in Maine, Masachusetts, New Hampshire, and Vermont. The purpose of this filing is to eliminate the gateways of Greens­boro, N.C., and Newark, N.J.

No. MC 107403 (Sub-No. E412), filed May 29, 1974. Applicant: MATLACK, INC., 10 W. Baltimore Ave. NW., Lans­downe, Pa. 19050. Applicant’s representa­tive: John Nelson (same as above). Au­thority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Liquid methanol, in bulk, in tank vehicles, from Sterling- ton, La., to points in Maine, Massa­chusetts, New Hampshire, and Vermont. The purpose of this filing is to eliminate the gateways of Greensboro, N.C., and Newark, N.J.

No. MC 107403 (Sub-No. E413), filed May 29, 1974. Applicant: MATLACK, INC., 10 W. Baltimore Ave., Lansdowne, Pa. 19050. Applicant’s representative: John Nelson (same as above). Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Liquid methanol, in bulk, in tank vehicles, from Sterlington, La., to points in Delaware, Maryland, New York, New Jersey, Pennsylvania, and Virginia. The purpose of this filing is to eliminate the gateway of Greensboro, N.C.

No. MC 107403 (Sub-No. E415), filed May 29, 1974. Applicant: MATLACK, INC., 10 W. Baltimore Ave., Lansdowne, Pa. 19050. Applicant’s representative: John Nelson (same as above). Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Liquid chemicals, in bulk, in tank vehicles, from the plant site of Dow Chemical Co., at or near Plaque- mine, La., to points in Minnesota and Wisconsin. The purpose of this filing is to eliminate the gateway of Mapleton,m .

No. MC 107403 (Sub-No. E416), filed May 29, 1974. Applicant: MATLACK, INC., 10 W. Baltimore Ave., Lansdowne, Pa. 19050. Applicant’s representative: John Nelson (same as above). Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Non-flammable liqwdchemicals (except liquefied petroleum gases and anhydrous ammonia), in bulk, in tank vehicles, from Norco, La., w points in Connecticut and R h o d e Island. The purpose of this filing is to eliminate the gateways of Greensboro, N.C., ana Newark, N.J.

No. MC 107403 (Sub-No. E417), filed May 29, 1974. Applicant: MATLACK. INC., 10 W. Baltimore Ave., Lansdowne. Pa. 19050. Applicant’s representative. John Nelson (same as above). Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Liquid chemicals (e*cej\ liquefied petroleum gases and anhydro ammonia), in bulk, in tank vehicles, iro Norco, La., to points in Maine, Massa­chusetts, New Hampshire, and Vermon.

FEDERAL REGISTER, VOL. 39, NO. 186^-TUESDAY, SEPTEMBER 24, 1974

NOTICES 34355

The purpose of this filing is to eliminate the gateways of Greensboro and Newark, N.J.

No. MC 107403 (Sub-No. E419), filed May 29, 1974. Applicant: MATLACK, INC., 10 W. Baltimore Ave., Lansdowne,. Pa. 19050 Applicant’s representative: John Nelson (same as above). Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Dry chemicals, in bulk, in tank vehicles (except fly ash and calcium chloride), from Lake Charles, La., to points in Connecticut, Maine, Massa­chusetts, New Hampshire, Rhode Island, and Vermont. The purpose of this filing is to eliminate the gateways of points in the state of Kentucky, Painesville, Ohio, and Solvay, N.Y.

No. MC 107403 (Sub-No. E420), filed May 29, 1974. Applicant: MATLACK, INC., 10 W. Baltimore Ave., Lansdowne, Pa. 19050 Applicant’s representative: John Nelson (same as above). Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Non-flammable liquidchemicals in bulk, in tank vehicles (ex­cept petroleum and petroleum products other than medicinal petroleum products and liquid wax, and coal tar and coal tar products), from Lake Charles, La., to points in Connecticut and Rhode Island. The purpose of this filing is to eliminate the gateways of Greensboro, N.C., and Newark, N.J.

No. MC 113843 (Sub-No. E422), filed May 29, 1974. Applicant: MATLACK, INC., 10 W. Baltimore Ave., Lansdowne, Pa. 19050. Applicant’s representative: John Nelson (same as above). Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: liquid chemicals (except petrochemicals), in bulk, in tank vehi­cles, from Lake Charles, La., to points in Ohio. The purpose of this filing is to eliminate the gateway of Ashland, Ky.

No. MC 107403 (Sub-No. E423), filed May 29, 1974. Applicant: MATLACK, n?C., 10 W. Baltimore Ave., Lansdowne, Pa. 19050. Applicant’s representative: John Nelson (same as aboveK Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Liquid chemicals (except gasoline, fuel oil, benzene, and kerosene), trom Lake Charles, La., to points in Maine, Massachusetts, New Hampshire, and Vermont. The purpose of this filing is to eliminate the gateways of Greens­boro, N.C., and Newark, N.J.

No. MC 107403 (Sub-No. E424), filed ?«’ 1974- Applicant: MATLACK,

p to Baltimore Ave., Lansdowne, TKh T ?50- Applicant’s representative:

Nelson (same as above). Authority ugnt to operate as a common carrier,

tJoi!10 :i .vellicle> over irregular routes, ransporting: Nonflammable liquid

chemicals (exeept coal tar and coal tar Products, petroleum, liquefied petroleum gases, and petroleum products other than medicinal petroleum products and liquid

ax, and anhydrous ammonia), from the Plantsite and storage facilities of Kaiser

Aluminum and Chemical Corporation at or near Gramercy, La., to points in Con­necticut and Rhode Island. The purpose of this filing is to eliminate the gateways of Norco, La., Greensboro, N.C., and Newark, N.J.

No. MC 107403 (Sub-No. E425), filed May 29, 1974. Applicant: MATLACK, INC., 10 W. Baltimore Ave., Lansdowne, Pa. 19050. Applicant’s representative: John Nelson (same as above). Authority sought to operate as a common carrier, by motor vehicle, over irregular routes,, transporting: Liquid chemicals (except liquefied petroleum gases), in bulk, in tank vehicles, from the plantsite and storage facilities of Kaiser Aluminum and Chemical Corporation at or near Gramercy, La., to points in Colorado, Illinois, Indiana, Kentucky, Missouri, Tennessee, Utah, Wisconsin, and Wyo­ming. The purpose of this filing is to eliminate the gateway of Baton Rouge, La.

No. MC 107403 (Sub-No. E426), filed May 29, 1974. Applicant: MATLACK, INC., 10 W. Baltimore Ave., Lansdowne, Pa. Applicant’s representative: John Nelson (same as above). Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Liquid chemicals (except liquefied petroleum gases), in bulk, in tank vehicles, from the plant site and storage facilities of Kaiser Aluminum and Chemical Corporation at or near Gramercy, La., to points in Arizona and New Mexico. The purpose of this filing is to eliminate the gateway of Gramercy, La.

No. MC 107403 (Sub-No. E430), filed" May 20, 1974. Applicant: MATLACK, INC., 10 West Baltimore Avenue, Lans­downe, Pa. 19050. Applicant’s represent­ative: John Nelson (same as above). Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting:^ Liquid chemicals (except liquefied petroleum gases), in bulk, in tank vehicles, from the plantsite and storage facilities of Kaiser Alumi­num and Chemical Corporation, at or near Gramercy, La., to points in Kansas. ~ The purpose of this filing is to eliminate the gateway of Baton Rouge, La.

No. MC 107403 (Sub-No. E430) , filed may 29, 1974. Applicant: MATLACK, INC., 10 West Baltimore Avenue, Lans­downe, Pa. 19050. Applicant’s represent­ative: John Nelson (same as above). Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Liquid Chemicals (except liquefied petroleum gases and anhydrous ammonia), in bulk, in tank vehicles, from the plantsite and storage facilities of Kaiser Aluminum and Chem­ical Corporation, at or near Gramercy, La., to points in Maine, Massachusetts, New Hampshire, and Vermont The pur­pose of this filing is to eliminate the gate­ways of Norco, La., Greensboro, N.C., and Newark, N.J.

No. MC 107403 (Sub-No. E431) , filed May 29, 1974. Applicant: MATLACK, INC., 10 West Baltimore Avenue, Lans-

downe, Pa. 19050. Applicant’s represent­ative: John Nelson (same as above). Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Liquid chemicals (except liquefied petroleum gases and anhydrous ammonia), in bulk, in tank vehicles, from the plantsite and storage facilities of Kaiser Aluminum and Chem­ical Corporation, at or near Gramercy, La., to points in North Carolina. The pur­pose of this filing is to eliminate the gateway of Norco, La.

No. MC 107403 (Sub-No. E434), filed May 29, 1974. Applicant: MATLACK, INC., 10 West Baltimore Avenue, Lans­downe, Pa. 19050. Applicant’s represent­ative: John Nelson (same as above). Authority sought to operate as a com­mon carrier, by motor vehicle, over irregular routes, transporting: Liquid chemical (except benzene, fuel oil, gaso­line, kerosene, and liquefied petroleum gases), in bulk, in tank vehicles, from Good Hope, La., to points in Maine, Mas­sachusetts, New Hampshire, and Ver­mont. The purpose of this filing is to eliminate the gateways of Greensboro, N.C., and Newark, N.J. .

No. MC 107403 (Sub-No. E436), filed May 29, 1974. Applicant: MATLACK, INC, 10 West Baltimore Avenue, Lans­downe, Pa. 19050. Applicant’s represent­ative: John Nelson (same as above) . Authority sought to operate as a com­mon carrier, by motor vehicle, over irregular routes, transporting: Non­flammable liquid chemicals (except coal tar and coal tar products, liquid wax, liquefied petroleum gases, petroleum and petroleum products other than medicinal petroleum products, and road o il), from Good Hope, La., to points in Connecticut and Rhode Island. The purpose of this filing is to eliminate the gateways of Greensboro, N.C., and Newark, N.J.

No. MC 107403 (Sub-No. E437), filed May 29, 1974. Applicant: MATLACK, INC., 10 West Baltimore Avenue, Lans­downe, Pa. 19050. Applicant’s represen­tative: John Nelson (same as above). Authority sought to operate as a com­mon carrier, by motor vehicle, over irregular routes, transporting: Non­flammable liquid chemicals (except coal tar and coal tar products, liquid wax, petroleum and petroleum products other than medicinal petroleum products and road oil), from Baton Rouge, La., and points in Iberville and West Baton Rouge Parishes, La., to points in Con­necticut and Rhode Island. The purpose of this filing is to eliminate the gateways o f Greensboro, N.C., and Newark, N.J.

NO; MC 107403 (Sub-No. E440), filed May 29, 1974. Applicant: MATLACK, INC., 10 West Baltimore Avenue, Lans-- downe, Pa. 19050. Applicant’s represen­tative: John Nelson (same as above). Authority sought to operate as a com­mon carrier, by motor vehicle, over irregular routes, transporting: Liquid chemicals (except benzene, fuel oil, gaso­line, kerosene, liquefied petroleum gases), from Baton Rouge, La., and points in Iberville and West Baton Rouge Parishes, La., to points in Maine,

FEDERAt REGISTER, VOL. 39, NO. 186— TUESDAY, SEPTEMBER 24, 1974

34356 NOTICES

Massachusetts, New Hampshire, and Ver­mont. The purpose of this filing is to eliminate the gateways of Greensboro, N.C., and Newark, N.J.

No. MC 107403 (Sub-No. E441), filed May 29, 1974. Applicant: MATLACK, INC., 10 West Baltimore Avenue, Lans- downe, Pa. 19050. Applicant’s representa­tive: John Nelson (same as above). Au­thority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Dry chemicals, in bulk, in tank, in hopper vehicles, from Baton Rouge, La., to points in North Carolina. The purpose of this filing is to eliminate the gateways of points in West Baton Rouge Parish, La.

No. MC 107403 (Sub-No. E442), filed May 29, 1974. Applicant: MATLACK, INC., 10 West Baltimore Avenue, Lans- downe, Pa. 19050. Applicant’s representa­tive: John Nelson (same as above). Au­thority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Dry chemicals, in bulk, from Baton Rouge, La., to points in South Carolina. The purpose of this fil­ing is to eliminate the gateway of the plantsite and storage facilities of Kaiser Aluminum and Chemical Corporation at or near Gramercy, La.

No. MC 107403 (Sub-No. E444), filed May 29, 1974. Applicant: MATLACK, INC., 10 West Baltimore Avenue, Lans- downe, Pa. 19050. Applicant’s representa­tive: John Nelson (same as above). Au­thority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Liquid chemicals (except liquefied petroleum gases), in bulk, in tank vehicles, from the plant-

_ site of American Cyanamid Company at Avondale, La., to points in Arizona and New Mexico. The purpose of this filing is to eliminate the gateway of Geisma, La.

No. MC 107403 (Sub-No. E446), filed May 29, 1974. Applicant: MATLACK, INC., 10 West Baltimore Avenue, Lans- downe, Pa. 19050. Applicant’s representa­tive: John Nelson (same as above) . Au­thority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Liquid chemicals (except benzene, fuel oil, gasoline, and kerosene), from the plantsite of Ameri­can Cyanamid Company at Avondale, La., to points in Maine, Massachusetts, New Hampshire, and Vermont. The pur­pose of this filing is to eliminate the gate­ways of Greensboro, N.C., and Newark, N.J.

No. MC 107403 (Sub-No. E447), filed May 29, 1974. Applicant: MATLACK, INC., 10 West Baltimore Avenue, Lans- downe, Pa. 19050. Applicant’s representa­tive: John Nelson (same as above). Au­thority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Nonflammable liq­uid chemicals (except coal tar and coal tar products, liquid wax, petroleum and petroleum products other than medicinal petroleum products, and road oil), in bulk, in tank vehicles, from the plantsite of American Cyanamid Company at

Avondale, La., to points in Connecticut and Rhode Island. The purpose of this filing is to eliminate the gateways of Greensboro, N.C., and Newark, N.J.

No. MC 107403 (Sub-No. E448), filed May 29, 1974. Applicant: MATLACK, INC., 10 West Baltimore Avenue, Lans- downe, Pa. 19050. Applicant’s representa­tive: John Nelson (same as above). Au­thority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Liquid Chemicals (except liquefied petroleum gases), in bulk, in tank vehicles, from the plantsite of American Cyanamid Company at Avondale, La., to points in Colorado, Kansas, Missouri, Oklahoma, Texas, Utah, and Wyoming. The purpose of this filing is to eliminate the gateway of Baton Rouge, La.

Applicant: HILL & HILL TRUCK LINE, INC., P.O. Box 9698, Houston, Tex. 77015. Applicant’s representative: Jay W. Elston, Bank Of The Southwest Bldg., Houston, Tex. 77002. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transport­ing: Commodities, the transportation of which, because of thier size or weight, requires the use of special equipment ex­cept machinery, equipment, materials, and supplies used in, or in connection with, the discovery, development, pro­duction, refining, manufacture, process­ing, storage, transmission, and distribu­tion of natural gas and petroleum and their products and byproducts, and ma­chinery, materials, equipment and sup­plies used in, or in connection with the construction, operation, repair, servicing, maintenance, and dismantling of pipe lines, between points in Alaska, on the one hand, and, on the other, points in Louisiana. The purpose of this filing is to eliminate the gateway of Harris County, Tex.

No. MC 107678 (Sub-No. E2), filed June 4, 1974. Applicant: HILL & HILL TRUCK LINES, INC., P.O. Box 9698, Houston, Tex. 77015. Applicant’s repre­sentative: Jay W. Elston, Bank Of The Southwest Bldg., Houston, Tex. 77002. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Machinery, equip­ment, materials, and supplies used in, or in connection with, the discovery, devel­opment, production, refining, manufac­ture, processing, storage, transmission, and distribution of natural gas and pe­troleum and their products and by-prod­ucts, and machinery, materials, equip­ment, and supplies used in, or in connec­tion with, the construction, operation, re­pair, servicing, maintenance, and dis­mantling of pipe lines, except the string­ing and picking up of pipe in connection with the construction and dismantling of pipe lines, between points in Texas in and south and east of Anderson, Atas­cosa, Bell, Bexar, Cherokee, Comal, Du­val, Falls, Freestone, Gregg, Hanison, Hays, Jim Hogg, Limestone, McMullen, Rusk, Travis, and Zapata Counties, Tex., on the one hand, and, on the other, points in Utah, in and north and west of Beaver, Carbon, Daggett, Emery, Iron,

Sevier, Vintah, and Washington Coun­ties, Utah. The purpose of this filing is to eliminate the gateway of Harris County, Tex.

Applicant: HILL & HILL TRUCK LINE, INC., P.O. Box 9698, Houston, Tex. 77015. Applicant’s representa­tive: Jay W. Elston, Bank Of The Southwest Bldg., Houston, Tex. 77002. Authority sought to operate as a com­mon carrier, by motor vehicle, over ir­regular routes, transporting: Machinery, equipment, materials, and supplies used in, or in connection with, thè discov­ery, development, production, refining, manufacture, processing, storage, trans­mission, and distribution of natural gas and petroleum and their products and by-products, and machinery, equipment, materials and supplies used in, or in connection with the construction, op­eration, repair, servicing, maintenance, and dismantling of pipe lines, including the stringing and picking up thereof, except in connection with main or trunk pipe lines, between points in Oklahoma, on the one hand, and, on the other, points in Montana and Wyoming. The purpose of this filing is to eliminate the gateway of points in the State of Texas.

No. MC 107678 (Sub-No. E6), filed June 4, 1974. Applicant: HILL & HILL TRUCK LINE, INC., P.O. Box 9698, Houston, Tex. 77015. Applicant’s repre­sentative: Jay W. Elston, Bank Of The Southwest Bldg., Houston, Tex. 77002. Authority sought to operate as a com­mon carrier, by motor vehicle, over ir­regular routes, transporting: Machinery, equipment, materials, and supplies used in, or in connection with, the discov­ery, development, production, refining, manufacture, processing, storage, trans­mission, and distribution of natural gas and petroleum and their products and by-products, and machinery, equipment, materials and supplies used in, or in connection with the construction, op­eration, repair, servicing, maintenance, and dismantling of pipe lines, including the stringing and picking-up thereof, except the stringing and picldng-up of pipe in connection with main or trunk pipe lines, between points in Oklahoma, on the one hand, and, on the other, points in Utah, in and south and west of Box Elder, Cache, Moyan, Rich, Salt Lake, Tooele, and Weber Counties, Utah. The purpose of this filing is to eliminate the gateways of Casper, Wyo., and points in the State of Texas.

No. MC 107678 (Sub-No. E8), filed June 4, 1974. Applicant: HILL & HILL TRUCK LINE, INC., P.O. Box 9698, Houston, Tex. 77015. Applicant’s repre* sentative: Jay W. Elston, Bank Of The Southwest Bldg., Houston, Tex. 770W. Authority sought to operate as a com­mon carrier, by motor vehicle, over u> regular routes, transporting: Machinery, equipment, materials, and supplies usea in, or in connection with, the discov­ery, development, production, refining, manufacture, processing, storage, trans­mission, and distribution of natural gas and petroleum and their products an

FEDERAL REGISTER, VOL. 39, NO. 186— TUESDAY, SEPTEMBER 24, 1974

NOTICES 34357by-products, and machinery, equipment, materials and supplies used in, or in connection with the construction, op­eration, repair, servicing, maintenance, and dismantling of pipe lines, including the stringing and picking up thereof, except in connection with main or trunk pipe lines, between points in Louisiana, on the one hand, and, on the other, points in Montana and Wyoming. The purpose of this filing is to eliminate the gateways of points in the State of Texas.

No. MC 107678 (Sub-No. E9), filed June 4, 1974. Applicant: HILL & HILL TRUCK LINE, INC., P.O. Box 9698, Houston, Tex. 77015. Applicant’s repre­sentative: Jay W. Elston, Bank Of The Southwest Bldg., Houston, Tex. 77002. Authority sought to operate as a com­mon carrier, by motor vehicle, over ir­regular routes, transporting: Machinery, equipment, materials, and supplies used in, or in connection with, the discov­ery, development, production, refining, manufacture, processing, storage, trans­mission, and distribution of natural gas and petroleum and their products and by-products, and machinery, equipment, materials and supplies used in, or in connection with the construction, op­eration, repair, servicing, maintenance and dismantling of pipe lines, including the stringing and picking up thereof, except in connection with main or trunk pipe lines, between points in Louisiana, on the one hand, and, on the other, points in Nevada. The purpose of this filing is to eliminate the gateways of points in the State of Texas.

No. MC 107678 (Sub-No. E12), filed June 4, 1974. Applicant: HILL & HILT. TRUCK LINE, INC., P.O. Box 9698, Houston, Tex. 77015. Applicant’s repre­sentative: Jay W. Elston, Bank Of The Southwest Bldg., Houston, Tex. 77002. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Machinery, equip­ment, materials, and supplies used in, or in connection with, the discovery, devel­opment, production, refining, manufac­ture, processing, storage, transmission, fend distribution of natural gas and petroleum and their products and by­products, and machinery, materials, equipment, and supplies used in, or in connection with, the construction, opera­tion, repair, servicing, maintenance, and dismantling of pipe lines, except the stringing and picking up of pipe in con­nection with the construction and dis­mantling of pipe lines, between points in Louisiana in and south of Chatahoula, Concordia, La Salle, Natchitoches,

✓ Babine, and Winn Parishes, on the one nand, and, on the other, points in Colo­rado. The purpose of this filing is to ®jnninate the gateway of Harris County,

No MC 107678 (Sub-No. E14), file Tmr 4- !974. Applicant: HILL & HIL JTIUCK LINE, INC., P.O. Box 969

Tex. 77015. Applicant’s repr< :5 2 w * 1 Jay w - Elston, Bank Of T1 southwest Bldg., Houston, Tex. 7700

uthority sought to operate as a comma carrier, by motor vehicle, over irreguli

routes, transporting: Machinery, equip­ment, materials, and supplies used in, or in connection with, the discovery, devel­opment, production, refining, manufac­ture, processing, storage, transmission, and distribution of natural gas and petroleum and their products and by­products; and machinery, equipment, materials, and supplies, used in or in con­nection with the construction, operation, repair, servicing, maintenance, and dis­mantling of pipelines, including the stringing and picking up thereof except in connection with main or trunk pipe lines, between points in Louisiana, on the one hand, and, on the other, points in North Dakota on and west of North Dakota Highway 30 and in South Dakota west of the Missouri River and north of U.S. Highway 14. The purpose of this filing is to eliminate the gateways of points in the State of Texas.

No. MC 107678 (Sub-No. E17), filed June 4, 1974. Applicant: HILL & HILL TRUCK LINE, INC,, P.O. Box 9698, Houston, Tex. 77015. Applicant’s repre­sentative: Joy W. Elston, Bank of The Southwest Bldg., Houston, Tex. 77002. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Machinery, equip­ment, materials, and supplies used in, or in connection with, the discovery, devel­opment, production, refining, manufac­ture, processing, storage, transmission, and distribution of natural gas and petroleum and their products and by­products; and machinery, equipment, materials, and supplies used in or in con­nection with the construction, operation, repair, servicing, maintenance, and dis­mantling of pipelines, including the stringing and picking up thereof except in connection with main or trunk pipe lines, between points in New Mexico, on the one hand, and, on the other, points in North Dakota on and west of North Dakota Highway 30 and in South Dakota west of the Missouri River and on and north of U.S. Highway 14. The purpose of this filing is to eliminate the gateways of points in Texas.

No. MC 107678 (Sub-No. E18), filed June 4, 1974. Applicant: HILL & HILL TRUCK LINE, INC., P.O. Box 9698, Houston, Tex. 77015. Applicant’s representative: Jay W. Elston, Bank of The Southwest Bldg., Houston, Tex. 77002. Authority sought to op­erate as a common carrier, by motor vehicle, over irregular routes, transport­ing: Machinery, equipment, materials, and supplies used in or in connection with the discovery, development, produc­tion, refining, manufacture, processing, storage, transmission, and distribution of natural gas and petroleum and their products and by-products, and. machin­ery, equipment, materials and supplies used in or in connection with the con­struction, operation, repair, servicing, maintenance, and dismantling of pipe­lines, including the stringing and pick­ing up thereof, restricted to pipelines used for the transmission of natural gas and petroleum and their products and by-products, and restricted against the stringing or picking up of pipe in con­

nection with main or trunk pipelines, be­tween points in Alaska, on the one hand, and, on the other, points in Alabama, Arkansas, Florida, Georgia, and Missis­sippi. The purpose of this filing is to eliminate the gateways of points in Kan­sas, Louisiana, New Mexico, Oklahoma, or Texas.

No. MC 107678 (Sub-No. E22), filed June 4, 1974. Applicant: HILL & H T T .T . TRUCK LINE, INC., P.O. Box 9698, Houston, Tex. 77015. Applicant’s repre­sentative: Jay W. Elston, Bank Of The Southwest Bldg., Houston, Tex. 77002. Authority sought to operate as a com­mon carrier, by motor vehicle, over ir­regular routes, transporting: Machinery, equipment, materials, and supplies used in, or in connection with, the discovery, development, production, refining, manufacture, processing, storage, trans­mission, and distribution of natural gas and petroleum and their products and by-products, and machinery, equipment, materials, and supplies used in, or in connection with the construction, opera­tion, repair, servicing, maintenance, and dismantling of pipe lines, including the stringing and picking up thereof, ex­cept in connection with main or trunk pipe lines, between points in Nevada, on the one hand, and, on the other, points in Alabama, Arkansas, Florida, Georgia, and Mississippi. The purpose of this fil­ing is to eliminate the gateways of points in the States of Oklahoma or Texas.

No. MC 107678 (Sub-No. E23), filed June 4, 1974. Applicant: h t t .t . & H TT .T . TRUCK LINE, INC., P.O. Box 9698, Houston, Tex. 77015. Applicant’s repre­sentative: Jay W. Elston, Bank Of The Southwest Bldg., Houston, Tex. 77002. Authority sought to operate as a com­mon carrier, by motor vehicle, over ir­regular routes, transporting: Machinery, equipment, materials, and supplies used in, or in connection with, the discovery, development, production, refining, manufacture, processing, storage, trans­mission, and distribution of natural gas and petroleum and their products and by-products, and machinery, equipment, materials, and supplies used in, or in connection with the construction, opera­tion, repair, servicing, maintenance, and dismantling of pipe lines, including the stringing and picking up thereof, except in connection with main or trunk pipe lines, between points in Montana and Wyoming, on the one hand, and, on the other, points in Alabama, Arkansas, Florida, Georgia, and Mississippi. The purpose of this filing is to eliminate the gateways o f points in the State of Texas.

No. MC 107678 (Sub-No. E24), filed June 4, 1974. Applicant: HILL & HILL TRUCK LINE, INC., P.O. Box 9698, Houston, Tex. 77015. Applicant’s repre­sentative: Jay W. Elston, Bank Of The Southwest Bldg., Houston, Tex. 77002. Authority sought to operate as a com­mon carrier, by motor vehicle, over ir­regular routes, transporting: Machinery, equipment, materials, and supplies used in, or in connection with, the discov­ery, development, production, refining,

FEDERAL REGISTER, VOL. 39, NO. 186— TUESDAY, SEPTEMBER 24, 1974

34358 NOTICES

manufacture, processing, storage, trans­mission, and distribution of natural gas and petroleum and their products and by-products, and machinery, equipment, materials, and supplies used in, or in connection with the construction, opera­tion, repair, servicing, maintenance, and dismantling of pipe lines, including the stringing and picking up thereof, except in connection with main or truck pipe lines, between points in Dawson and Sioux Counties of Nebraska on the one hand, and, on the other, points in Missis­sippi and south of Adams, Amite, For­rest, Franklin, Greene, Lamar, Marion, Perry, Pike, and Walthall Counties, Mississippi, and in Alabama in and south of Baldwin, Escambia, and Mobile Coun­ties, Alabama, and in Florida, except Duval and Nassau Counties, Florida. The purpose of this filing is to eliminate the gateways of points in the State of Texas and Casper, Wyoming.

No. MC 107678 (Sub-No. E27), filed June 4, 1974. Applicant: HILL & HILL TRUCK LINE, INC., P.O. Box 9698, Houston, Tex. 77015. Applicant’s repre­sentative: Jay W. Elston, Bank Of The Southwest Bldg., Houston, Tex. 77002. Authority sought to operate as a com­mon carrier, by motor vehicle, over ir­regular routes, transporting: Machinery, equipment, materials, and supplies used in, or in connection with, the discovery, development, production, refining, manufacture, processing, storage, trans­mission, and distribution of natural gas and petroleum and their products and by-products, and machinery, materials, equipment, and supplies used in, or in connection with, the construction, operation, repair, servicing, mainte­nance, and dismantling of pipe lines, except the stringing and picking up of pipe in connection with the construction and dismantling of pipe lines, between points in Texas in and south and east of Angelina, Bee, Brazos, Burleson, Dewitt, Fayette, Goliad, Laraca, Lee, Madison, Nueces, Sabine, San Augustine, San Patricio, Trinity, and Walker Counties, Tex., on the one hand, and, on the other, points in Colorado, in and northeast of Cheyenne, Crowley, Los Animas, and Lincoln Counties, Colo. The purpose of this filing is to eliminate the gateway of Harris County, Tex.

No. MC 110420 (Sub-No. E73), filed June 4, 1974. Applicant: QUALITY CARRIERS, INC., P.O. Box 186, Pleasant Prairie, Wis. 53158. Applicant’s repre­sentative: E. Stephen Heisley, 666 Elev­enth St., NW , Washington, D.C. 20001. Authority sought to operate as a com­mon carrier, by motor vehicle, over irreg- ugar routes, transporting: (1) Liquid chocolate and chocolate coating, in bulk, in tank vehicles, from New York, N.Y., to points in Missouri, Texas, Minnesota, that part of Louisiana in and west of East Feliciana, East Baton Rouge, Iber­ville, Iberia, Port of St. Martin, and St. Mary’s Parishes, the Upper Peninsula o f Michigan and points in and west of Allegan, Kalamazoo, and St. Joseph Counties, Mich., and to Denver, Colo.,

and Grand Forks, N. Dak. (Chicago, Til ) *. (2) Liquid chocolate and liquid cocoa butter, in bulk in tank vehicles, from New York, N.Y., to St. Paul, Minn., St. Joseph and Joplin, Mo., Lincoln and Omaha, Nebr., Memphis, Tenn., Waco, Tex., and Madison and Milwaukee, Wis, (Chicago, m .) *. (3) Chocolate and choc­olate coating, from New York, N.Y., to points in South Dakota (Chicago, HI.) *.(4) Chocolate and chocolate coating, from New York, N.Y., to points in Indi­ana in, north, and west of Elkhart, Mar­shall, Pulaski, White, Tippecanoe, Foun­tain, and Warren Counties and that part of Kentucky in and west of Calloway and Marshall Counties (Chicago, 111.) *.(5) Liquid chocolate and liquid cocoa butter, in bulk, in tank vehicles, from New York, N.Y., to points in Texas, Oklahoma, and California (Chicago, 111., and Milwaukee, Wis.) *. (6) Liquid choc­olate and liquid cocoa butter, in bulk, in tank vehicles, from New York, N.Y., to points in Colorado, Iowa, the Upper Peninsula of Michigan, Minnesota, Mis­souri, Nebraska, North Dakota, South Dakota, and Utah (Chicago, III., and Milwaukee, Wis.) *. The purpose of this filing is to eliminate the gateways indi­cated by asterisks above.

No. MC 110420 (Sub-No. E74), filed June 4,1974. Applicant: QUALITY CAR­RIERS, INC„ P.O. Box 186, Pleasant Prairie, Wis. 53158. Applicant’s repre­sentative: E. Stephen Heisley, 666 Elev­enth Street NW., Washington, D.C. 20001. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: (1) Liquid choco­late and chocolate products, in bulk, in tank vehicles, from Philadelphia, Pa., to points in the Upper Peninsula of Michi­gan and Berrien County, Mich., Mis­souri, Texas, Minnesota, Iowa, and that part of Louisiana in and west of Union, Ouachita, Jackson, Wynn, Natchito­ches, Vernon, Beauregard, and Calcasien Parishes, and to Denver, Colo., and Grand Forks, N. Dak. (Chicago, 111.) *. (2) Liquid chocolate and liquid cocoa butter, in bulk, in tank vehicles, from Philadelphia, Pa., to St. Paul, Minn., St. Joseph, and Joplin, Mo., Lincoln and Omaha, Nebr., Waco, Tex., Madison and Milwaukee, Wis. (Chicago, HI.) *, (3) Chocolate and chocolate coating, in bulk, in t-a-nk vehicles, from Philadelphia, Pa., to points in South Dakota (Chicago, Til) *. (4) Chocolate and chocolate coat­ing, in bulk, in tank vehicles, from Phil­adelphia, Pa., to points in Indiana in, north, and west of St. Joseph, Marshall, Pulaski, White, Tippecanoe, Fountain, and Warren Counties, and that part o f Kentucky in and west of Livingston, Marshall, and Calloway Counties. (5) Liquid chocolate and cocoa butter, in hulk, in tank vehicles, from Philadelphia, Pa., to points in Oklahoma and Califor­nia (Chicago, HI., and Milwaukee, Wis.) *. (6) Liquid chocolate and liquid cocoa butter, from Philadelphia, Pa., to points in Colorado, Iowa, Minnesota, Missouri, Nebraska, North Dakota, South Dakota, Utah, and that part of Illinois on and north of Interstate Highway 80

(Chicago, 111., and Milwaukee, Wis.)*. The purpose of this filing is to eliminate the gateways indicated by asterisks above.

No. MC 110420 (Sub-No. E75), filed June 4,1974. Applicant: QUALITY CAR­RIERS, INC., P.O. Box 186, Pleasant Prairie, Wis. 53158. Applicant’s repre­sentative:' E. Stephen Heisley, 666 Eleventh St. NW., Washington, D.C. 20001. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: (1) Liquid chocolate and chocolate products, in bulk, in tank vehicles from Philadelphia, Pa., to St. Paul, Minn., St. Joseph, Joplin, and Kansas City, Mo., Lincoln and Omaha, Nebr,, Waco, Tex., points in South Dakota, and that part of Indiana in, north, and west of St. Joseph, Mar­shall, Stark, Pulaski, White, Tippecanoe, Fountain, and Warren Counties, and that part of Kentucky in and west of Living­ston, Marshall, and Calloway Counties (Chicago, 111.) *; (2) Liquid chocolate and chocolate products, from Philadelphia, Pa., to points in the Kansas City, Kan- sas-Missouri commercial zone (St. Louis, Mo.) *; (3) Liquid chocolate and choco­late products, in bulk, in tank vehicles, from Philadelphia, Pa., to points in Col­orado, Iowa, Minnesota, Missouri, Ne­braska, North Dakota, South Dakota, Utah, California, Oklahoma, that part of Illinois on and north of Interstate High­way 80, that part of Kansas on, north and west of a line beginning at the Kansas- Missouri State line, thence along Inter­state Highway 70 to junction Interstate Highway 35, thence along Interstate Highway 35 to junction UJ5. Highway 54, thence along U.S. Highway 54 to (he Kansas-Oklahoma State line (Chicago,111., and Milwaukee, W is.)*; (4) Liquid chocolate and chocolate products, in bulk, in tank vehicles, from Philadelphia, Pa., to Denver, Colo., and points in Iowa, Minnesota, Nebraska, North Dakota, South Dakota, Texas, and Wisconsin (Waukegan, HI.)*; (5) Liquid chocolate and chocolate products, in bulk, in tank vehicles, from Philadelphia, Pa., to points in Texas, Minnesota, Iowa, and that part of Louisiana in and west of East Felici­ana, East Baton Rouge, Iberville, Iberia, Port of St. Martin, and St. Mary Par­ishes (Chicago, 111.) *. The purpose of this filing is to eliminate the gateways indi­cated by (he asterisks above.

No. MC 11,1548 (Sub-No. E l), filed June 4, 1974. Applicant: SHARPEMOTOR LINES, INC., P.O. Box 517, Hildebran, N.C. 28637. Applicant’s repre­sentative: Edward G. Villalon, Suite 1032, Pennsylvania Bldg., Pennsylvania Ave. & 13th St. NW., Washington, D.C. 20004. Authority sought to operate as a com m on carrier, by motor vehicle, over irregular routes, transporting: New furniture, from points in Catawba, Burke, Mc­Dowell, and Caldwell Counties, N.C., w points in Connecticut, Rhode Island, Massachusetts, New Hampshire, and points in that part of New York bounded by a line beginning at the New York- Vermont State line, thence along New

FEDERAL REGISTER, VOL. 39, N O . 186— TUESDAY, SEPTEMBER 24, 1974

NOTICES 34359

York Highway 7 to junction New York Highway b, thence along New York High­way 5 to junction New York Highway 12, thence along New York Highway 12 to junction New York Highway 37, thence along New York Highway 37 to the United States-Canada International Boundary line near Fort Covington. The purpose of this filing is to eliminate the gateway of New York, N.Y.

No. MC 111548 (Sub-No. E2), filed June 4, 1974. Applicant: SHARPEMOTOR LINES, INC., P.O. Box 517, Hildebran, N.C. 28637. Applicant’s repre­sentative: Edward G. Villalon, Suite 1032 Pennsylvania Bldg., Pennsylvania Ave. & 13th St. NW., Washington, D.C. 20004. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting : New furniture, from points in Wilkes and Lincoln Counties, N.C., to points in that part of New York north and east of a line beginning at the New York-New Jersey State line, thence along New York Highway 17 to junction U.S. Highway 209, thence along U.S. Highway 209 to junction New York High­way 213, thence along New York Highway 213 to junction New York Highway 28, thence along New York Highway 28 to junction New York Highway 205, thence along New York Highway 205 to junction New York Highway 5, thence along New York Highway 5 to junction New York Highway 12, thence along New York Highway 12 to junction New York High­way 26, thence along New York Highway 26 to junction New York Highway 3, thence along New York Highway 3 to junction New York Highway 58, thence along New York Highway 58 to junction New York Highway 37, thence along New York Highway 37 to the United States- Canada International Boundary line near Fort Covington. The purpose of this fil­ing is to eliminate the gateway of Bridge­port, Conn.

No. MC 111548 (Sub-No. E3), filed June 4, 1974. Applicant: SHARPE MOTOR LINES, INC., P.O. Box 517, Hildebran, N.C. 28637. Applicant’s repre­sentative: Edward G. Villalon, Suite 1032 Pennsylvania Bldg., Pennsylvania Ave. & 13th St. NW., Washington, D.C. 20004. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting : New furniture, from Points in Mecklenburg County, N.C, to points in that part of New York north and east of a line beginning at the New York-Pennsylvania State line, thènce Wong New York Highway 97 to junction New York Highway 30, thence along New York Highway 30 to junction New York Highway 206, thence along New York Highway 206 to junction New York High­way 8, thence along New York Highway « to junction New York Highway 80, thence along New York Highway 80 to junction New York Highway 12B, thence along New York Highway 12B to junction v!T*i tt Highway 46, thence along New

rk Highway 46 to junction New York Highway 316, thence along New York a f î y y u to junction New York High­way 13, thence along New York Highway

13 to junction Interstate Highway 81, thence along Interstate Highway 81 to junction New York Highway 37, thence along New York Highway 37 to the United States-Canada International Boundary line near Fort Covington. The purpose of this filing is to eliminate the gateway of Bridgeport, Conn.

No. MC 111548 (Sub-No. E4>, filed June 4, 1974. Applicant: SHARPE MO­TOR LINES, INC., P.O. Box 517, Hilde­bran, N.C. 28637. Applicant’s representa­tive: Edward G. Villalon, Suite 1032 Pennsylvania Bldg., Pennsylvania Ave. & 13th St. NW., Washington, D.C. 20004. Authority sought to operate as a common carrier, by motor ve­hicle, over irregular routes, transport­ing: New furniture and furniture parts, from points in Mitchell County, N.C., to points in that part of New York north and east of a line beginning at the New York-Vermont State line, thence along New York Highway 7 to junction New York Highway 5, thence along New York Highway 5 to junction New York High­way 12, thence along New York Highway 12 to junction New York Highway 37, thence along New York Highway 37 to the United States-Canada International Boundary line near Fort Covington. The purpose of this filing is to eliminate the gateway of Bridgeport, Conn.

No. MC 111548 (Sub-No. E5), filed June 4, 1974. Applicant: SHARPE MO­TOR LINES, INC., P.O. Box 517, Hilde­bran, N.C. 28637. Applicant’s representa­tive: Edward G. Villalon, Suite 1032 Pennsylvania Bldg., Pennsylvania Ave. & 13th St. NW., Washington, D.C. 20004. Authority sought to operate as a common carrier, by motor ve­hicle, over irregular routes, transport­ing: New furniture and parts thereof, from the plant site of the Broyhill Fur­niture Company at or near Rutherford- ton, N.C., and points in Mitchell County, N.C., to points in New Hampshire. The purpose of this filing is to eliminate the gateway of points in the New York, N.Y., commercial zone.

No. MC 111548 (Sub-No. E6), filed June 4, 1974. Applicant: SHARPE MO­TOR LINES, INC., P.O. Box 517, Hilde­bran, N.C. 28637. Applicant’s representa­tive: Edward G. Villalon, Suite 1032 Pennsylvania Bldg., Pennsylvania Ave. & 13th St. NW., Washington, D.C. 20004. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: New furniture, from Charlotte, N.C., and points in Alex­ander, Iredell, and Lincoln Counties, N.C., to points in New Hampshire. The purpose of this filing is to eliminate the gateway of points in the New York, N.Y., commercial zone.

No. MC 111548 (Sub-No. E7), filed June 4, 1974. Applicant: SHARPE MO­TOR LINES, INC., P.O. Box 517, Hilde­bran, N.C. 28637. Applicant’s representa­tive: Edward G. Villalon, Suite 1032 Pennsylvania Bldg., Pennsylvania Ave. & 13th St. N.W., Washington, D.C. 20004. Authority sought to operate as a common

carrier, by motor vehicle, over irregular routes, transporting: New furniture and parts thereof, from points in Connecti­cut, Rhode Island, Massachusetts, and New Hampshire, to Hickory, N.C., and points within 25 miles of Hickory and points in Catawba, Burke, McDowell, and Caldwell Counties, N.C. The purpose of this filing is to eliminate the gateway of points in Hudson County, N.Y., within the New York, N.Y., commercial zone.

No. MC 111548 (Sub-No. E8), filed June 4, 1974. Applicant: SHARPEMOTOR LINES, INC., P.O. Box 517, Hildebran, N.C. 28637. Applicant’s repre­sentative: Edward G. Villalon, Suite 1032 Pennsylvania Bldg., Pennsylvania Ave. & 13th St. NW., Washington, D.C. 20004. Authority sought to operate as a com­mon carrier, by motor vehicle, over ir­regular routes, transporting: General commodities (except those of unusual value, livestock, new furniture, classes A and B explosives, household goods as defined by the Commission, commodi­ties requiring special equipment such as tank trucks or refrigerator trucks, and commodities contaminating to other lad­ing), from Niagara Falls and Buffalo, N.Y., and points on U.S. Highway 62 be­tween Buffalo and junction U.S. High­way 20, points on U.S. Highway 20 be­tween junction U.S. Highways 20 and 62, and Fredonia, N.Y., points on New York Highway 60 between Fredonia, N.Y., and Frewsburg, N.Y., and points on U.S. Highway 62 between Frewsburg, and the New York-Pennsylvania State line, to Hickory, N.C., and points within 25 miles of Hickory. The purpose of this filing is to eliminate the gateway of Warren, Pa.

No. MC 111548 (Sub-No. E9), filed June 4, 1974. Applicant: SHARPEMOTOR LINES, INC., P.O. Box 517, Hildebran, N.C. 28637. Applicant’s repre­sentative: Edward G. Villalon, Suite 1032 Pennsylvania Bldg., Pennsylvania Ave. & 13th St. NW., Washington, D.C. 20004. Authority sought to operate as a com­mon carrier, by motor vehicle, over ir­regular routes, transporting: New furni­ture, from points in Connecticut, Rhode Island, Massachusetts, and New Hamp­shire, to points in Tennessee, Georgia, and points in that part of South Caro­lina west and south of a line beginning at the North Carolina-South Carolina State line, thence along U.S. Highway 521 to junction U.S. Highway 1, thence along U.S. Highway 1 to junction U.S. Highway 601, thence along U.S. Highway 601 to junction Interstate Highway 26, thence along Interstate Highway 26 to Charleston. The purpose of this filing is to eliminate the gateway of Marion, N.C., and points in Hudson County, N .Y, which lie within the New York, N.Y., commercial zone.. No. MC 112288 (Sub-No. E5), filed May 16, 1974. Applicant: YARBROUGH TRANSFER COMPANY, 1500 Doune S t, Winston-Salem, N.C. Applicant’s repre­sentative: Charles Ephraim, Suite 600, 1250 Conn. Ave, NW, Washington, D.C. 20036. Authority sought to operate as a

FEDERAL REGISTER, VOL. 39, NO. 186— TUESDAY, SEPTEMBER 24, 1974

34360 NOTICES

common carrier, by motor vehicle, over irregular routes, transporting: Household goods, as defined by the Commission, (A) from points in Cleveland, Lincoln, Gas­ton, Mecklenburg, Stanley, Cabarrus, Union, and Anson Counties, N.C., to points in Gilmer County and those points in Ritchie and Doddridge Counties, W. Va., within 125 miles of Narrows, Va., (B) from points in Caswell, Person, Granville, Vance, Warren, Franklin, Dur­ham, Orange, Alamance, and Chatham Counties, N.C., to points in West Virginia within 125 miles of Narrows, Va. (except points in Randolph, Pendleton, Poca­hontas, and Greenbrier, Counties), (C) from points in Montgomery, Richmond, Scotland, Robeson, Cumberland, Har­nett, Lee, Moore, and Hoke Counties, N.C., to points in West Virginia within 125 miles of Narrows, Va. (except points in McDowell and Mercer Counties), (D) from points in Wake, Johnston, Wayne, Greene, Lenoir, Duplin, Sampson, Bla­den, Columbus, New Hanover, Bruns­wick, Paider, Onslow, Jones, Carteret, Craven, Pamlico, Beaufort, and Hyde Counties, N.C., to points in West Virginia within 125 miles of Narrows, Va., (E) from points in Northhampton, Halifax, Nash, Wilson, Edgecomb, and Pitt Coun­ties, N.C., to points in West Virginia within 125 miles of Narrows, Va., (ex­cept points in Randolph, Pendleton, and Pocahontas Counties), (F) from points in Hertford, Gates, Camden, Currituck, Pasquotank, Chowan, Bertie, Martin, Washington, Tyrell, and Dare Counties, N.C., to points in West Virginia within 125 miles of Narrows, Va., (except those in Ritchie, Doddridge, Gilmer, Braxton, Lewis, Upshur, Barbour, Randolph, Pen­dleton, Pocahontas, and Webster Coun­ties) , (G) from points in Oconee, Pick­ens, Greenville, Spartanburg, Cherokee, York, Chester, Union, Laurens, Ander­son, Newberry, Fairfield, Richland, Lexington, and Calhoun Counties, S.C., to points in Gilmore County, and those points in Ritchie and Doddridge Coun­ties, W. Va., within 125 miles of Nar­rows, Va.

(H) From points in Abbeville, Green­wood, McCormick, Edgefield, Saluda, Aiken, Barnwell, Orangeburg, Bamberg, Allendale, Hampton, Colleton, Dorches­ter, Berkeley, Charleston, Beaufort, and Jasper Counties, S.C., to points in Cal­houn, Gilmer, and Braxton Counties and those on Wirt, Ritchie, Doddridge, and Lewis Counties, W. Va., within 125 miles of Narrows, Va., (I) from points in Un­ion, Towns, Rabjin, Stephens, Haber­sham, White, Lumpkin, Dawson, Pick­ens, Cherokee, Bartow, Polk, Haralson, Paulding, Cobb, Fulton, Forsyth, Hall, Banks, Franklin, Hart, Elbert, Madison, Jackson, Barrow, Gwinnett, De Kalb, Douglas, Carroll, Heard, Coweta, Fay­ette, Clayton, Henry, Newton, Morgan, Walton, Oconee, Clarke, Oglethorpe, Lin­coln, Wilkes, Taliaferro, Greene, Put­nam, Jasper, Butts, Lamar, Pike, Spald­ing, Meriwether, Troup, Upson, Craw­ford, Bibb, Monroe, Jones, Baldwin, Han­cock, Warren, McDuffie, Columbia, Rich­land, Burke, Jefferson, Glascock, Wash­

ington, Wilkinson, Twiggs, Bleckley, Laurens, Johnson, Treutlen, Emanuel, Candler, Jenkins, Screven, Bulloch, Ev­ans, Liberty, Bryan, Effingham, and Chatham Counties, Ga., to point in Cal­houn, Gilmer, and Braxton Counties, and those points in Wirt, Ritchie, Doddridge, and Lewis Counties, W. Va., within 125 miles- of Narrows, Va., (J) from points in Peach, Houston, Macon, Sumter, Lee, Worth, Tift, Turner, Crisp, Dooly, Pulas­ki, Wilcox, Ben Hill, Irwin, Dodge, Tel­fair, Wheeler, and Jeff Davis Counties, Ga., to points in Cabell, Putnam, Ka­nawha, Roane, Calhoun, Gilmer, Brax­ton, Clay, Nicholas, Webster, and Poca­hontas Counties, and those points in Mason, Jackson, Wirt, Ritchie, Dod­dridge, Lewis, Upshur, Barbour, Ran­dolph, and Pendleton Counties, W. Va., within 125 miles of Narrows, Va., (K) from points in Harris, Talbot, Taylor, Muscogee, Marion, Schley, Chatta­hoochee, Stewart, Webster, Quitman, Randolph, and Terrell Counties, Ga., to points in Calhoun, Gilmer, Braxton, and Webster Counties, and those points in Wirt, Ritchie, Doddridge, Lewis, Barbour, Upshur, and Randolph Counties, W. Va., within 125 miles of Narrows, Va.

(L) From points in Colquitt, Thomas, Brooks, Cook, Berrien, Coffee, Atkinson, Lowndes, Lanier, Clinch,, and Echols Counties, Ga., to points in Roane, Cal­houn, Gilmer, Braxton, Webster, and Pocahontas, Counties, and those points In Mason, Jackson, Wirt, Ritchie, Dod­dridge, Lewis, Upshur, Barbour, Ran­dolph, and Pendleton Counties, W. Va., within 125 miles of Narrows, Va., (M) from points in Montgomery, Toombs, Tattnall, Appling, Wayne, Long, Mc­Intosh, Bacon, Ware, Pierce, Brantley, Glynn, Camden, and Charlton Counties, Ga., to points in Roane, Calhoun, Gil­mer, Braxton, and Webster Counties, and those points in Mason, Jackson, Wirt, Ritchie, Doddridge, Lewis, Upshur, Bar­bour, and Randolph Counties, W. Va., within 125 miles of Narrows, Va., (N) from points in Clay, Calhoun, Dougherty, Early, Baker, Mitchell, Miller, Seminole, Decatur, and Grady Counties, Ga., to points in Roane, Calhoun, Gilmer, Brax­ton, Clay, Nicholas, Webster, Greenbrier, and Pocahontas Counties, and those points in Jackson, Wirt, Ritchie, Dod­dridge, Lewis, Upshur, Barbour, Ran­dolph, and Pendleton Counties, W. Va., within 125 miles of Narrows, Va. The purpose of this filing is to eliminate the gateways of Narrows, Va., and points within 10 miles thereof, points in Gaston County, N.C., and points in Person County, N.C.

No. MC 113843 (Sub-No. E801), filed May 19, 1974. Applicant: REFRIGER­ATED FOOD EXPRESS, INC., 316 Sum­mer Street, Boston, Mass. 02210. Appli­cant’s representative: Lawrence T. Shells (same as above). Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transport­ing: Frozen foods, from Pittston, Pa., to points in Iowa. The purpose of this filing is to eliminate the gateway of LeRoy, N.Y.

No. MC 113843 (Sub-No. E802), filed May 19, 1974. Applicant: REFRIGER­ATED FOOD EXPRESS, INC., 316 Sum­mer Street, Boston, Mass. 02210. Appli­cant’s representative: Lawrence T. Sheils (same as above). Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transport­ing: Frozen foods, from Pittston, Pa., to points in Wisconsin, the purpose of this filing is to eliminate the gateway of LeRoy, N.Y.

No. MC 113843 (Sub-No. E803), filed May 19, 1974. Applicant: REFRIGER­ATED FOOD EXPRESS, INC., 316 Sum­mer Street, Boston, Mass. 02210. Appli­cant’s representative: Lawrence T. Sheils (same as above). Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transport­ing: Frozen foods, from Carteret, N.J., to paints in Missouri. The purpose of this filing is to eliminate the gateway of El­mira, N.Y.

No. MC 113843 (Sub-No. E804), filed May 19, 1974. Applicant: REFRIGER­ATED FOOD EXPRESS, INC., 316 Sum­mer Street, Boston, Mass. 02210. Appli­cant’s representative: Lawrence T. Sheils (same as above). Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transport­ing: Frozen foods, from Moosic, Pa., to points in Minnesota. The purpose of this filing is to eliminate the gateway of Dundee, N.Y.

No. MC 113843 (Sub-No. E805), filed May 19, 1974. Applicant: REFRIGER­ATED FOOD EXPRESS, INC., 316 Sum­mer Street, Boston, Mass. 02210. Appli­cant’s representative: Lawrence T. Sheils (same as above). Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transport­ing: Frozen foods, from Moosic, Pa., to points in Kansas. The purpose erf this fil­ing is to eliminate the gateway of Dun­dee, N.Y.

No. MC 113843 (Sub-No. E806), filed May 19, 1974. Applicant: REFRIGER­ATED FOOD EXPRESS, INC., 316 Sum­mer Street, Boston, Mass. 02210. Appli­cant’s representative: Lawrence T. Sheils (same as above). Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transport­ing: Frozen foods, from Moosic, Pa., to points in Colorado. The purpose of this filing is to eliminate the gateway of Dundee, N.Y.

No. MC 113843 (Sub-No. E807), filed May 19, 1974. Applicant: REFRIGER­ATED FOOD EXPRESS, INC., 316 Sum­mer Street, Boston, Mass. 02210. Appli­cant’s representative: Lawrence T. Sheils (same as above). Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transport­ing: Frozen foods, from Moosic, Pa., to points in Arkansas. The purpose of this filing is to eliminate the gateway of Dundee, N.Y.

No. MC 113843 (Sub-No. E808), filed May 19, 1974. Applicant: REFRIGER­ATED FOOD EXPRESS, INC., 316 Sum-

FEDERAL REGISTER, VOL. 39, NO . 186— TUESDAY, SEPTEMBER 24, 1974

NOTICES 34301

mer Street, Boston, Mass. 02210. Appli­cant’s representative: Lawrence T. Shells (same as above). Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transport­ing: Frozen foods, from Seabrook, N.J., to points in Kansas. Tire purpose of this filing is to eliminate the gateway of Dundee, N.Y.

No. MC 113843 (Sub-No. E809), filed May 19, 1974. Applicant: REFRIGER-

[ ATED POOD EXPRESS, INC., 316 Sum­mer Street, Boston, Mass. 02210. Appli­cant’s representative: Lawrence T. Sheils (same as above). Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transport­ing: Frozen foods, from Pittston, Pa., to points in Michigan. The purpose of this filing is to eliminate the gateway of Elmira, N.Y.

No. MC 113843 (Sub-No. E810>, filed May 19, 1974. Applicant: REFRIGER­ATED FOOD EXPRESS, INC,, 316 Sum­mer Street, Boston, Mass. 02210. Appli­cant’s representative: Lawrence T. Sheils (same as above). Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transport­ing: Frozen foods, from Seabrook, N.J., to points in Minnesota. The purpose of this filing is to eliminate the gateway of Dundee, N.Y.

No. MC 113843 (Sub-No. E811), filed May 19, 1974. Applicant: REFRIGER­ATED POOD EXPRESS, INC., 316 Sum­mer Street, Boston, Mass. 02210. Appli­cant’s representative: Lawrence T. Sheils (same as above). Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transport­ing: Frozen foods, from Pittston, Pa., to points in Oklahoma. The purpose of this filing is to eliminate the gateway of Dundee, N.Y.

No. MC 113843 (Sub-No. E812), filed May 19, 1974. Applicant: REFRIGER­ATED FOOD EXPRESS, INC., 316 Sum­mer Street, Boston, Mass. 02210. Appli­cant’s representative: Lawrence T. Sheils (same as above). Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transport­ing: Frozen foods, from Moosic, Pa., to points in Nebraska. The purpose of this filing is to eliminate the gateway of Dundee, N.Y.

No. MC 113843 (Sub-No. E813), filed May 19, 1974. Applicant: REFRIGER­ATED FOOD EXPRESS, INC., 316 Sum­mer Street, Boston, Mass. 02210. Appli­cant’s representative: Lawrence T. Sheils (same as above). Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transport­ing: Frozen foods, from Seabrook, N.J., to points in Wisconsin. The purpose of this filing is to eliminate the gateway of LeRoy, N.Y.

No. MC 113843 (Sub-No. E814), filed 1974. Applicant: REFRIGER­

ATED FOOD EXPRESS, INC., 316 Sum­mer Street, Boston, Mass. 02210. Appli­cant’s representative: Lawrence T.

Sheils (same as above). Authority sought to operate as a common carrier, by motor vehicle, over, irregular routes, transport­ing: Frozen foods, from Maysville, Pa., to that portion of New Hampshire mi and north of a line beginning at the New Hampshire-Vermont State line and ex­tending along U.S. Highway 4 to junc­tion New Hampshire Highway 118, thence along New Hampshire Highway 118 to junction New Hampshire High­way 25, thence along New Hampshire Highway 25 to the New Hampshire- Maine State line. The purpose of this filing is to eliminate the gateway of Syracuse, N.Y.

No. MC 113843 (Sub-No. E815), filed May 19, 1974. Applicant: REFRIGER­ATED FOOD EXPRESS, INC., 316 Sum­mer Street, Boston, Mass. 02210. Appli­cant’s representative: Lawrence T. Sheils (same as above). Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transport­ing: Frozen foods, from Seabrook, N.J., to points in Iowa. The purpose of this filing is to eliminate the gateway of LeRoy, N.Y.

No. MC 113843 (Sub-No. E816), filed May 19, 1974. Applicant: REFRIGER­ATED FOOD EXPRESS, INC., 316 Sum­mer Street, Boston, Mass. 02210. Appli­cant’s representative: Lawrence T. Sheils (same as above). Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transport­ing: Frozen foods, from Richmond, Va., to points in that portion of Nebraska on, west, and north of a line beginning at the Nebraska-Iowa State line and ex­tending along U.S. Highway 34 to junc­tion U.S. Highway 81, thence along U.S. Highway 81 to junction U.S. Highway 6, thence along U.S. Highway 6 to junction U.S. Highway 34, thence along U.S. Highway 34 to the Colorado-Nebraska State line. The purpose of this filing is to eliminate the gateway of LeRoy, N.Y.

No. MC 113843 (Sub-No. E817) , filed May 19, 1974. Applicant: REFRIGER­ATED FOOD EXPRESS, INC., 316 Sum­mer Street, Boston, Mass. 02210. Appli­cant’s representative:- Lawrence T. Sheils (same as above). Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transport­ing: Frozen foods, from points in Rich­mond, Va., to points in that part of Vir­ginia on and north of a line beginning at the Minnesota-Wisconsin State line and extending along U.S. Highway 12 to junction U.S. Highway 63, thence along U.S. Highway 63 to junction U.S. High­way 2, thence along U.S. Highway 2 to Lake Superior. The purpose of this filing is to eliminate the gateway of LeRoy, N.Y.

No, MC 113843 (Sub-No. E818), filed May 19, 1974. Applicant: REFRIGER­ATED FOOD EXPRESS, INC., 316 Sum­mer Street, Boston, Mass. 02210. Appli­cant’s representative: Lawrence T. Sheils (same as above). Authority sought to op­erate as a common carrier, by motor ve­

hicle, over irregular routes, transporting : Frozen foods, from Hampton, Va., to points in that part of Wisconsin on and north of a line beginning at the Minne­sota-Wisconsin State line and extending along U.S. Highway 12 to Eau Claire, thence along U.S. Highway 53 to junction U.S. Highway 63, thence along US. High­way 63 to U S. Highway 2, thence along US. Highway 2 to Lake Superior. The purpose of this filing is to eliminate the gateway of LeRoy, N.Y.

No. MC 113843 (Sub-No. E819), filed May 19, 1974. Applicant: REFRIGER­ATED FOOD EXPRESS, INC., 316 Sum­mer Street, Boston, Mass. 02210. Appli­cant’s representative: Lawrence T. Sheils (same as above). Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Frozen foods, from the District of Columbia to points in that part of Wisconsin on and north of a line beginning at the Minnesota-Wisconsin State line and extending along U.S. Highway 12 to Baldwin, thence along US. Highway 63 to junction U.S. High­way 8, thence along US. Highway 8 to the Wisconsin-Michigan State line. The purpose of this filing is to eliminate the gateway of LeRoy, N.Y.

No. MC 114552 (Sub-No.. E5), filed April 27,1974. Applicant: SENNTRUCK­ING COMPANY, PO Drawer 220, New­berry, S.C. 29108. Applicant’s representa­tive: William P. Jackson, Jr., 919 Eight­eenth Street NW., Washington, DC. 20006. Authority sought to operate as a common carrier, by motor, vehicle, over irregular routes, transporting: Lumber (except plywood and veneer), (1) from points in South Carolina, to points in Arkansas, Iowa, Kansas, Maine, Minne­sota, Missouri, Nebraska, North Dakota, Oklahoma, South Dakota, Texas, and Wisconsin; (2) from points in South Car­olina on and west of a line beginning at Charleston and extending along U.S. Highway 176 to its intersection with U.S. Highway 601, thence along U.S. Highway 601 to its intersection with U.S. Highway 76/378, thence along U.S. Highway 76/378 to its intersection with U.S. Highway 176, thence along U.S. Highway 176 to its in­tersection with Interstate Highway 26, and thence along Interstate Highway 26 to the North Carolina-South Carolina State line, to points in Rhode Island and Massachusetts; (3) from points in South Carolina, to points in Vermont; and (4) from points in South Carolina on and west of a line beginning at a point near the Atlantic Ocean and extending along South Carolina Highway 41 to its inter­section with U.S. Alternate Highway 17, thence along Ü.S. Alternate Highway 17 to its intersection with U.S. Highway 52, thence along U.S. Highway 52 to its in­tersection with South Carolina Highway 527, thence along South Carolina High­way 527 to its intersection with South Carolina Highway 341, thence along South Carolina Highway 341 to its inter­section with South Carolina Highway 34, thence along South Carolina Highway 34 to its intersection with South Carolina

FEDERAL REGISTER, VOL. 39, NO . 186— TUESDAY, SEPTEMBER 24, 1974

34362 NOTICES

Highway 97, thence along South Caro­line Highway 97 to its intersection with South Carolina Highway 9, thence along South Carolina Highway 9 to its inter­section with U.S. Highway 176, thence along U.S. Highway 176 to the North Carolina-South Carolina State line, to points in New Hampshire. The purpose of this filing is to eliminate the follow­ing gateways: (a) McDuffie County, Ga., and Greenwood County, S.C. for (1) and (4) above; (5) points in Georgia for (2) above; (c) Camden County, N.J., for (3) above; and (4).

No. MC 118180 (Sub-No. E l), filed June 5, 1974. Applicant: GOVAN EX­PRESS, INC., P.O. Box 3186, Enid, Okla. 73701. Applicant’s representative: Billy R. Reid, 6108 Sharon Road, Fort Worth, Tex. 76116. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: (1) Meats, meat products and meat by-prod­ucts, dairy products, and articles dis­tributed by meat packinghouses, as de­scribed in Sections A, B, and C of Appen­dix I to the report in Descriptions in Motor Carrier Certificates, 61 M.C.C. 209 and 766, from Oklahoma City, Okla., to New Orleans and Shreveport, La.; (2) Meats, meat products and meat by-prod­ucts, dairy products, and articles distrib­uted by meat packinghouses as described in Sections A, B, and C of Appendix I to the^xeport in Descriptions in Motor Carrier Certificates, 61 M.C.C. 209 and 766 (except hides and commodities in bulk, in tank vehicles), from points in that part of Texas east and south of a line beginning at the United States-Mex- ico Boundary line and extending along the Texas-New Mexico State line to junction of U.S. Highway 285, thence along U.S. Highway 285 to Pecos, thence along U.S. Highway 80 to Sweetwater, thence in a northeasterly direction through Stamford to Seymour, thence along U.S. Highway 283 to Vernon, thence due north from Vernon to the Texas- Oklahoma State line, including Sweet­water and points on the portion of the designated line between. Sweetwater and the Texas-Oklahoma State line to points in Colorado. The purpose of this filing is to eliminate the gateway of Dallas, Tex., in (1) above and the plant site and stor­age facilities of Wilson Certified Foods, Inc., at Oklahoma City, Okla., in (2) above.

No. MC 119531 (Sub-No. E275), filed May 29,1974. Applicant: SUN EXPRESS, INC., 5391 Wooster Road, Cincinnati, Ohio 45226. Applicant’s representative: Paul F. Beery, 8 East Broad St., Colum­bus, Ohio 43215. Authority sought to op­erate as a common carrier, by motor ve­hicle, over irregular routes, transport­ing: Pulpboard shipping containers, from Seymour, Ind., (1) to points in Maryland, and (2) to points in Pennsylvania. The purpose of this filing is to eliminate the gateways of Mt. Vernon, Ohio, in (1) above, and the plant site of the Liquid Box Corporation, Worthington, Ohio, and (2) above.

No. MC 123407 (Sub-No. E95), filed June 4, 1974. Applicant: SAWYER TRANSPORT, INC., South Haven Square, Valparaiso, Ind. 46383. Appli­cant’s representative: Robert W. Saw­yer (same as above). Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transport­ing: Furring, studding, lathing, and ribbing, and accessories, materials, and supplies used in the installation of fur­ring, studding, lathing, and ribbing (except commodities in bulk, lumber, chemicals, and commodities the trans­portation of which because of their size or weight require the use of special equip­ment), from Chicago, 111., to points in Kentucky in and east of Jefferson, Bullitt, Nelson, Larue, Hart, Edmonson, Warren, and Simpson Counties, restricted to the transportation of traffic originating at the plant sites and storage facilities of Chicago Metallic Corporation at Chicago, HI. The purpose of this filing is to elimi­nate the gateway of Brookville, Ind.

No. MC 123407 (Sub-No. E96), filed June 4, 1974. Applicant: SAWYERTRANSPORT, INC., South Haven Square, Valparaiso, Ind. 46383. Appli­cant’s representative: Robert W. Saw­yer (same as above). Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transport­ing: Floor tile from Kankakee, HI., to points in that part of North Dakota in and north of Slope, Hettinger, Mercer, Oliver, McLean, Sheridan, Wells, Ben­son, Nelson, and Grand Forks Counties. The purpose of this filing is to eliminate the gateway of L’Anse, Mich.

No. MC 123407 (Sub-No. E97), filed June 4, 1974. Applicant: SAWYERTRANSPORT, INC., South Haven Square, Valparaiso, Ind. 46383. Appli­cant’s representative: Robert W. Saw­yer (same as above). Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transport­ing: Building materials (except commod­ities in bulk), from Port Clinton, Ohio, to points in Wisconsin (except points in Kenosha, Walworth, Racine, Waukesha, Washington, Ozaukee, Fond du Lac, She­boygan, Calcumet, Manitowoc, Kewau­nee, and Door Counties. The purpose of this filing is to eliminate the gateway of Freeport, 111.

No. MC 123407 (Sub-No. E98), filed June 4, 1974. Applicant: SAWYERTRANSPORT, INC., South Haven Square Valparaiso, Ind. 46383. Applicant’s repre­sentative: Robert W. Sawyer (same as above). Authority sought to operate as a common carrier, by motor vehicle,' over irregular routes, transporting: Building materials used in the manuf acture and distribution of windows, doors, and build­ing woodwork, and materials and acces­sories used in the installation thereof from Wichita Falls, Tex., to points in Michigan, that part of Indiana north of U.S. Highway 30, and that part of Ohio north of U.S. Highway 36. The purpose of this filing is to eliminate the gateways of Dubuque, Iowa, and Warren, HI.

No. MC427122 (Sub-No. E6), filed June 3, 1974. Applicant: JOE MOSS, doing business as SIMPSONVILLE GARAGE WRECKER, INC., P.O. Box 66, Simpson- ville, Ky. 40067. Applicant’s representa­tive: John M. Nader, P.O. Box E, Bowling Green, Ky. 42111. Authority sought tp operate as a common carrier, by motor vehicle, over irregular routes, transport­ing: Wrecked and disabled motor ve­hicles, and replacement vehicles and parts therefor by use of wrecker equip­ment only, between points in the Lower Peninsula of Michigan and points in the Upper Peninsula of Michigan on and east of U.S. Highway 41, including Marquette and points in its commercial zone, on the one hand, and, on the other, points in Wyoming oh, south, and west of a line beginning at the intersection of Wyoming Highway 430 with the Wy- oming-Colorado State line, thence over Wyoming Highway 430 to Rock Springs, including Rock Springs and its commer­cial zone, thence over U.S. Highway 30 to its intersection with U.S. Highway 30-N, thence over U.S. Highway 30-N to Sage, thence over Wyoming Highway 89 to its intersection with the Wyoming-Utah State line; and points in Wyoming on and south of a line beginning at the in­tersection of U.S. Highway 30 with the Nebraska-Wyoming State line, thence over U.S. Highway 30 to Cheyenne, in­cluding Cheyenne and its commercial zone, thence over U.S. Highway 30 to Laramie, including Laramie and its com­mercial zone, thence over Wyoming High­way 130 to its intersection with Wyoming Highway 230, thence over Wyoming Highway 230 to its intersection with the Wyoming-Colorado State line. The pur­pose of this filing is to eliminate the gate­way of points in Illinois.

No. MC 128383 (Sub-No. E65), filed June 4,1974. Applicant: PINTO TRUCK­ING SERVICE, INC., 1414 Calcon Hook Road, Sharon Hill, Pa. 19079. Applicant’s representative: Gerald K. Gimmel, 303 N. Frederick Ave., Gaithersburg, Md. 20760. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: General commodities (except those of unusual value, classes A and B explosives, house­hold goods as defined by the Commission, commodities in bulk, and those requiring special equipment), between points in Pike County, Pa., on the one hand, and, on the other, Friendship International Airport (Anne Arundel County, Md.), Dulles International Airport (Fairfax and Loudoun Counties, Va.), and Wash­ington National Airport (Gravelly Point, V a.), restricted to the transportation of traffic having an immediately prior or subsequent movement by air. The pur­pose of this filing is to eliminate the gateway of the Newark Airport, Newark, N.J.

No. MC 128383 (Sub-No. E67), filed June 4,1974. Applicant: PINTO TRUCK­ING SERVICE, INC., 1414 Calcon Hook Road, Sharon Hill, Pa. 19079. Applicant’s representative: Gerald K. G im m el, 303

FEDERAL REGISTER, VOL. 39, NO. 186— TUESDAY, SEPTEMBER 24, 1974

NOTICES

N. Frederick Ave., Gaithersburg, Md. 20760. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: General commodities (except those of unusual value, classes A and B explosives, house­hold goods as defined by the Commission, commodities in bulk, and those requiring special equipment), between the Detroit International Airport (Detroit, Mich.), and Chicago O’Hare International Air­port (Chicago, 111.), on the one hand, and, on the other, Milford, Pa., restricted to the transportation of traffic having an immediately prior or subsequent move­ment by air. The purpose of this filing is to eliminate the gateway of John F. Ken­nedy International Airport, New York, N.Y.

No. MC 128383 (Sub-No. E68), filed June 4,1974. Applicant: PINTO TRUCK­ING SERVICE, INC., 1414 Calcon Hook Road, Sharon Hill, Pa. 19079. Applicant's representative: Gerald K. Gimmel, 303 N. Frederick Ave., Gaithersburg, Md. 20760. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: General commodities (except motor vehicles, classes A and B explosives, household goods as defined by the Commission, commodities in bulk, and those requiring special equipment), between Norfolk and Hampton, Va., on the one hand, and, on the other, Atlantic City, N.J., and points in that part of Montgomery County, Pa., on and north of Interstate Highway 276 and that part of Bucks County, Pa., north and west of Pennsylvania Highway 232, restricted to the transportation of traffic having an immediately prior or

subsequent movement by air. The pur­pose of this filing is to eliminate the gateways of Friendship International Airport, Anne Arundel County, Md., and Philadelphia International Airport, Phil­adelphia, Pa.

No. MC 128383 (Sub-No. E69)„ filed June 4, 1974. Applicant: PINTOTRUCKING SERVICE, INC., 1414 Cal­con Hook Road, Sharon Hill, Pa. 19079. Applicant’s representative: Gerald K. Gimmel, 303 N. Frederick Ave., Gaithers­burg, Md. 20760. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transport­ing: General commodities (except motor vehicles, classes A and B explosives, household goods as defined by the Com­mission, commodities in bulk, and those requiring special equipment), between points in Atlantic, Camden, Cape May, Cumberland, Gloucester, and Salem Counties, N.J., Chester, Delaware, Mont­gomery, and Philadelphia Counties, Pa., that part of Burlington County, N.J., south of Rancocas Creek and that part of Bucks County, Pa., north and west of Pennsylvania Highway 232, on the one hand, and, on the other, Richmond, Salem, Roanoke, and Newport News, Va., and points in York, Hanover, Isle of Wight, Nansemohd, Henrico, Chester­field, Roanoke, Franklin, Montgomery, Craig, Bedford, and Botetourt Counties, Va., restricted to the transportation of traffic having an immediately prior or subsequent movement by air. The pur­pose of this filing is to eliminate the gate­ways of Friendship International Air­port, Anne Arundel County, Md., and

34363-34379

Philadelphia International Airport, Phil­adelphia, Pa.

By the Commission.[ s e a l ] R o b e r t L. O s w a l d ,

Secretary.[FR Doc.74-22175 Filed 9-23-74;8:45 am]

[AB 12 (Sub-No. 3)]SOUTHERN PACIFIC TRANSPORTATION

CO.Abandonment Portion Jefferson Street

Branch, Portland, Multnomah County, Oreg.

S e p t e m b e r 16, 1974. The Interstate Commerce Commission

hereby gives notice that: 1. On Friday, August 23, 1974, notice was published in Multnomah County, Oreg., that an en­vironmental threshold assessment survey was made in the above-entitled proceed­ing and based on that assessment an order was served finding that the pro­ceeding does notrconstitute a major Fed­eral action significantly affecting the quality of the human environment within the meaning of the National En­vironmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321, et seq. 2. No comments in opposition, of an environmental na­ture, were received by the Commission in response to the August 23, 1974 no­tice. 3. This proceeding is how ready for further disposition within the Office of Hearings or the Office of Proceedings as appropriate.

[ s e a l ] R o b e r t L . O s w a l d ,Secretary.

[FR Doc.74-22176 Filed 9-23-74;8:45 am]

FEDERAL REGISTER. V O L 39, N O . 186— TUESDAY, SEPTEMBER 24, 1974

TUESDAY, SEPTEMBER 24, 1974

WASHINGTON. D.C.

Volume 39 ■ Number 186

PART II

FEDERAL TRADE COMMISSION

AUTOMOBILE FUEL ECONOMY CLAIMS

Notice of Publ ic Hearing and Opportunity to Submit Data, Views, or

Arguments Concerning Rulemaking Proceeding

34382 PROPOSED RULES

FEDERAL TRADE COMMISSION[1 6 CFR Ch. I ]

AUTOMOBILE FUEL ECONOMY CLAIMS

Notice of Public Hearing and OpportunityTo Submit Data, Views or ArgumentsConcerning Rulemaking ProceedingThe Federal Trade Commission, pur­

suant to the Federal Trade Commission Act, 15 U.S.C. 41 et seq., and the pro­visions of Part I, Subpart B of the Com­mission’s Procedures and Rules of Prac­tice, 16 CFR 1.11, et seq., and Section 553 of Subchapter II, Chapter 5, Title 5, U.S. Code (Administrative Procedure) hereby serves notice that it is initiating a rulemaking proceeding to consider the feasibility of developing a Trade Regu­lation Rule pertaining to the advertising and promotion of automobile fuel econ­omy in interstate commerce.

This rulemaking proceeding is being initiated by the Commission after pre­liminary investigation by the Commis­sion’s staff into advertising and testing practices presently engaged in by the automobile industry. In addition, during the course of the investigation, Consum­ers Union filed a petition requesting a Trade Regulation Rule prescribing a uni­form fuel economy test for new cars.

A. The importance of fuel economy information. Fifty-five percent of all en­ergy consumed in this country by the transportation sector in 1970 was con­sumed by automobiles.1 The cost of this consumption is primarily borne by the consuming public in its purchases of gas­oline. Shortages of the winter of 1973- 1974 and the ensuing substantial rises in price have made the level of gasoline consumption a critical issue for the American public, both in terms of the cost of obtaining gasoline for individual consumers and in terms of the cost to society of the depletion of the nation’s resources.

In order for consumers to be able to distinguish among competing cars on the basis of fuel economy, they need ade­quate, accurate information. Traditional assumptions or “rules of thumb” about fuel economy are not a substitute for relevant and comparable numerical in­formation with respect to fuel economy. For example, the apparent size of a car is not, contrary to public misconception, the best determinant of fuel economy; rather weight is more importanta and weight cannot be visually measured. Also, the consumer cannot rely on previous ex­perience even with small cars to deter­mine fuel economy because the weights of small cars have been increasing steadily in the last few years.8 Some "small” cars popularly called compacts actually weigh as much as cars that are commonly referred to as “intermediate”

1 Senate Committee on Commerce, Report on S. 2176, “The Fuels and Energy Conserva­tion Act of 1973”, S. Rep. No. 93-526, 93d Cong., 1st Sess. 8 (November 16, 1973).

2 See “Automobile Fuel Economy: Con­tributing Factors and Advertising Disclo­sures, An Analysis by the Staff of the Federal Trade Commission” , at § IIIA.

8 “Fuel Economy Labeling Program”, EPA Press Release, (August 23, 1973).

or “standard” due to the addition of heavy optional equipment such as eight cylinder engines, air conditioning, e tc/ It is also becoming more difficult to pur­chase the smaller cars without heavy, gas-consuming optional equipment, so that even the smaller cars are becoming less efficient.® The consumer who buys a “small” car strictly on apparent size expecting “small car” fuel economy may not have his expectations fulfilled.

Prior to 1974, advertising was the prin­cipal source of information regarding fuel economy, and this consisted of a few general claims. In August 1973, the U.S. Environmental Protection Agency (hereinafter referred to as “EPA” ) in cooperation with most manufacturers and importers, announced a voluntary fuel economy labeling program.6 Coop­erating companies (which included most but not all companies) agreed to post labels on their cars which displayed a range of expectable mileage calculated by EPA for the weight class of the cars to which the specific car being sold be­longed. For the first time the consumer was exposed to information derived from a uniform test as to the relative fuel economies of various classes of cars. Thus the consumer was provided with a rough yardstick for comparing the perform­ance of various classes of cars in making his purchase decision.

Labeling, however, even if present on all cars (which is not the case), and even if a. source of specific fuel economy infor­mation (which is also not the case), can­not cure legal deficiencies in the adver­tising of fuel economy. Claims concern­ing fuel economy have now emerged as a major feature of automobile advertising, raising substantial issues of deception and unfairness.

B. Current developments in the ad­vertising of fuel economy. It is evident that as 1974 progressed, the number of fuel economy claims in automobile ad­vertisements increased dramatically, re­flecting the growing importance of fuel economy information to prospective new car purchasers. The staff of the Com­mission has conducted a review of 915 different automobile advertisements randomly collected by the staff in the course of its monitoring functions since the introduction of 1973 model year au­tomobiles.7 This review has revealed that

4 Weights of various automobiles equipped with a variety of optional equipment were published by the U.S. E.P.A. in conjunction with “New Motor Vehicles and Engines; Air Pollution Control” , 1974 Model Year Test Results, 39 FR 7664, 7665 et seq. (Febru­ary 27, 1974).

5 See, e.g., “Flint” , “The Energy Crisis Spurs Demand for Small Cars * * *,” “New York Times”, April 7, 1974 section 11, col. 1.

8 38 FR 22944 (August 27,1973).•> The survey included 915 different adver­

tisements (i.e., although an advertisement may have appeared several times in several different magazines or on different net­works, it was only counted once in each medium) taken from a variety of national magazines, newspapers and the television and radio networks. All four of the princi­pal domestic producers and various foreign manufacturers were represented in the sample.

from January to March, 1974, 61 percent of all car advertisements made some sort of economy claim, an increase of 243 percent over the equivalent period of 1973 and an increase of 174 percent over just the last four months of 1973 (the first four months of the current model year for domestic automobiles). This trend in fuel economy claims is illus­trated by the rate of increase in such claims in the last months of 1973 and first three'months of 1974. Not only had the sheer number of such, claims multi­plied enormously, but the specificity of the claims also rose. Advertisements in which a specific miles per gallon figure was claimed increased from 5 percent of the ads run in the September to Decem­ber 1973 period, to 7.6 percent, 12.9 per­cent and 35 percent of those run in Jan­uary, February and March of 1974 re­spectively.

This increase in specific claims was Accompanied by a proliferation of ads in which the test method on which the claim purportedly was based was re­ferred to or described to some degree in the advertisement. Only one adver­tisement citing the test method used was counted between September 1972 and November 1973, but in March of this year, 35 percent of the automobile ad­vertisements made some reference to a specific test method said to have gen­erated the claimed fuel economy data.

The utility to consumers of the test information in the ads is open to sereous question. The tests are not comparable. Some tests used were conducted on in­terstate highways at or near the speed limit; others were on test tracks, at varying speeds, still others were simply termed “city”, “suburban” or "highway” tests without further description. Test drivers ran the range from professional drivers, to employees of the manufactur­er, to celebrities. Although the type of car tested is not always disclosed, cars varied by number of cylinders, type of transmission, and other features which affect fuel economy. Other advertise­ments failed to note thè average speed of the car tested, or the number of stops per mile, or the degree to which the car was warmed up. The disclosures were not sufficient to enable the consumer to determine the relevance of the claimed fuel economy figures to his own likely experience with the advertised car and they confirmed that variations in the tests render comparison by the consumer of competing mileage claims impossible.

These difficulties cannot be entirely overcome solely through the efforts of tide variety of independent organizations which have published test results that differed with the advertising claims and usually with each other. Consumers Un­ion,* the publishers of “Road and Track Magazine”, and numerous other inter­ested groups have issued mileage reports on different automobiles which differed from advertising claims made for the autos, from one another’s figures and

8 See, "Consumer Reports”, April 1974, ft 313.

FEDERAL REGISTER, VOL. 39, NO. 186— TUESDAY, SEPTEMBER 24, 1974

PROPOSED RULES 34383

from figures published by EPA,® due to the differences in test methods.

The general confusion resulting from this state of affairs has been the subject of several recent articles in the papular press including one entitled, “Gas Mil­eage: Whom Do You Believe” in the April 1974 issue of “Consumer Reports.”10

C. Deception and unfairness in the advertising of fuel economy. Advertised mileage claims raise significant issues of unfairness and deception under section 5 of the Federal Trade Commission Act.11 The Commission has repeatedly recog­nized that when the seller describes the attributes of a product he must, in order to avoid deception, describe the product in terms relevant to the ordinary experi­ence of consumers.12 The Commission’s recently issued Rule on “Power Output Claims for Amplifiers Utilized in Home Entertainment Products” provides that “[n]o performance characteristics * * * shall be represented or disclosed if they are not obtainable as represented or dis­closed when the equipment is operated by the consumer in the usual and normal manner * * *” 13 To the extent that mile­age claims may exaggerate the mileage that can be expected by a consumer un­der ordinary or typical driving situations, such claims are deceptive.14 Moreover, as the Commission has recognized in other areas, economy claims can constitute im­plicit comparisons to the cost of compet­ing products.15 Where mileage claims are based on test conditions that are rela­tively favorable to the advertised car, the failure to reveal results that may be relatively less favorable to the advertised car may constitute a failure to reveal a material fact, thereby rendering the ad­vertisement deceptive.16 Indeed, the very disparity between the various tests be­ing cited as the, bases for mileage claims is itself a source of potential deception in that consumers may compare at least certain advertised mileage figures for competing cars on the erroneous assump­tion that the mileage figures are the re­sult of a standard test.17

The absence of any recognized stand­ard upon the basis of which consumers can evaluate the gas mileage of the cars they buy may be unfair as well as de­ceptive. The Trade Regulation Rules re-

9 39 FR. 7666 et seq. (February 27, 1974).10 At 307. See also, “Picking a Car in a

Pinch”, The Marzella, Consumers Gev Little Mileage from Tests” , St. Petersburg “Times” , March 13, 1974, § D, at 1, col. 1. One Mer­cedes advertisement which has appeared in numerous periodicals notes the “welter of conflicting figures you’re seeing these days.”

1115 U.S.C. 45.12 See, the Trade Regulation Rule relatir

to extension ladders, 16 CFR Part 418, and tl Trade Regulation Rule Relating to Sleepir Bags, 16 CFR Part 400.

“ 39 FR 15387, 15388 (May 5, 1974).“ Cf- re Berns Air King Corp., 76 F.T.<

319 (1969).15 See, In re Dolcin Corp., 53 F.T.C. 387, 4(

(1956)., 1,1 ®e®> “Statement of Basis and Purpose f< incandescent Light Bulb Rule” , 16 CFR Pa:

íiOfioí" ln 16 50015 AIr King, 76 F.T.C. 319 1169 (1970) M American Ttre Co * 77 F.T.C.

lating to Posting of Minimum Octane Numbers18 Care Labeling of Textile Wearing Apparel19 and Incandescent Bulbs supra, all recognize the inherent unfairness of denying to consumers in­formation that enables them to distin­guish between products of differing value and benefit, and to relate such products to their own needs and prefer­ences. While consumer preferences and requirements with respect to automobiles vary widely, the Commission believes that a substantial portion of the consum­ing public is vitally concerned about the mileage it will receive under the types of driving ordinarily engaged in.

In summary, the Federal Trade Com­mission is aware that there are presently in existence many different non-uniform test procedures proffered by advertisers of automobiles as a basis for advertised fuel economy claims. Because the re­sults obtained from such disparate test procedures cannot be compared by con­sumers, either among competing cars or to the mileage obtained by the prospec­tive purchaser’s presently owned car, such advertisements may unfairly and deceptively deny to consumers informa­tion which will enable them to compare advertised automobiles on the basis of fuel economy—and to relate available fuel economies to their own needs and preferences. Moreover, because it ap­pears that many of the tests used to gen­erate fuel economy figures bear an in­sufficient relation to typical driving pat­terns, advertisements containing such figures may have the tendency and ca­pacity to deceive consumers as to the fuel economy they would experience with the advertised automobile.

For these reasons, the Commission is commencing this proceeding. Moreover, because of the complexity of the subject matter, the Commission is simultane­ously publishing a staff analysis which has been neither adopted, nor disap­proved by it, to acquaint interested par­ties with the analysis made by its staff to date. It is believed that such publica­tion will facilitate comments by inter­ested parties relating to the prevention of deception and unfairness in the ad­vertising and promotion of fuel economy claims. Additionally, the Commission deems it useful to set forth the following questions to which it is particularly in­terested in receiying comment :

1. What are the test procedures cur­rently used which generate figures for claims of automobile fuel economy in ad­vertising and promotion?

2. What elements in these test pro­cedures -have been included in order to approximate actual consumer driving patterns? What available data exists as to actual consumer driving patterns?

3. Can there be devised a single test procedure for determining fuel economy under typical driving conditions, the re­sults of which should be required to ap­pear in the advertising or other forms of promotion of cars?

4. If a single test procedure is to be used to generate automobile fuel eçon-

« 16 CFR Part 422. » 15 CFR Part 423.

omy figures to be used in advertising and other promotion efforts, what should such a test be? Specifically, should such a test procedure be a road, track or lab­oratory test procedure?.

5. Should such a single test procedure be designed to generate one or more fuel economy result.(s), representative of expectable mileage in (a) city and (b) open highway driving modes? or an (c) “overall” expectable fuel economy figure? How are “city” and “ highway” driving to be defined?

6. Who should actually conduct the testing of individual cars according to the procedure? If manufacturers are to conduct the tests, how can the results be adequately checked and confirmed?

7. With regard to advertisements that do not specify the precise car (with re­ference to the major variables affecting gas mileage e.g., engine size, weight, transmission; axle ratio, options) being advertised, (a) what mileage figure should be used, and how should that figure be derived? (b) Should the mile­age figure be computed on the basis of a representative sample of cars within the model, and make, advertised? (i) If so, how is that sample to be selected? (ii) Should all available combinations of options be tested and, if so, should the test result for each combination be dis­closed?

8. Should more than one test proce­dure for determining fuel economy un­der typical driving conditions be de­vised, the results of which should be re­quired to appear in advertising or pro­motion o f fuel economy? If so, what should such test procedures be? For example, should a laboratory test be utilized to measure fuel economy in city driving and a road test for fuel economy in highway driving? Consider specifi­cally the issues numbered 5 and 6 above.

9. If a certain test procedure or pro­cedures are to be prescribed by the Fed­eral Trade Commission, should the re­sults of the procedure(s) be the sole per­mitted basis for fuel economy claims in advertising and promotion, or should ad­vertising and promotional materials be permitted to include fuel economy fig­ures derived from other test procedures so long as they also include figures from the prescribed test procedure?

10. Without regard to claims made in advertising, should every automobile offered for sale be accompanied, at point of purchase, by a disclosure indi­cating the anticipated fuel economy of such automobile under typical driving conditions? If so, how should such a mileage figure be expressed and by what means should it be disclosed?

The Commission is advised that Con­gress is presently considering the ques­tion of assigning to a Federal agency the responsibility for the testing of fuel economy. The Commission does not consider this circumstance to be a rea­son for delaying an informational hear­ing pertaining to the advertising and promotion of fuel economy. If during the pendency of this proceeding a final de­cision is reached concerning responsi­bility for fuel economy testing, the

FEDERAL REGISTER, VOL. 39, NO. 186— TUESDAY, SEPTEMBER 24, 1974

34384 PROPOSED RULES

Commission will consider whether a modification of the present proceeding is warranted. If such a decision is reached after the completion of this proceeding, the record developed herein will, in addition to aiding the Commis­sion in the discharge of its consumer protection functions, be available to any other Federal agency having responsi­bilities relating to fuel economy.

All interested parties are given notice of opportunity to orally present data, viëws or comments with respect to the issues at a public hearing to be held com­mencing at 10 a.m., e.d.t., Nov. 25, 1974, in Room 532 of the Federal Trade Com­mission Building, 6th and Pennsylvania Avenue NW., Washington, D C.

Any person desiring to orally present his views at the hearing should so inform the Special Assistant Director for Rule- making, Federal Trade Commission, Washington, D.C. 20580 not later than November 18, 1974, and state the esti­mated time required for his oral pres­entation. Reasonable limitations upon the length of time allotted to any per­son may be imposed. To the extent prac­ticable, persons wishing to file written presentations in excess o f two pages should submit twenty copies o f such pro­posed statements to the Special Assist­ant Director for Rulemaking 48 hours be­fore the first day of the hearing.

Written comments may also be sub­mitted no later than November 25, 1974, to the Special Assistant Director for Rulemaking.

The data, views or arguments pre­sented and written comments submitted with respect to the practices in question will be available for examination by in­terested parties in Room 130 of the Divi­sion of Legal and Public Records, Federal Trade Commission, Washington, D.C. and will be considered by the Commis-, sion.

Issued: September 24,1974.[ s e a l ! C h a r l e s A. T o b in ,

Secretary.A u t o m o b il e F u e l E c o n o m y : C o n t r ib u t in g

F a c to r s a n d A d v e r t is in g D is c l o s u r e s

AN ANALYSIS BY THE STAFF OF THE FEDERAL TRADE COMMISSION

This Analysis Is a Staff Document and theConclusions . Contained Herein HaveNeither Been Accepted Nor Rejected bythe Commission.

INTRODUCTION

A. Scope and Limitations of the Analysis.B. The Need for Fuel Economy Testing and

Information.I. Types of Variables Affecting Automobile

Fuel Economy.A. Driving Condition Variables.B. Vehicle Belated Variables.C. - Differences Between Drivers.II. Effects of Driving Condition Variables

on Fuel Economy.Introduction.A. The Driving Cycle.1. Speed.2. Acceleration, Deceleration and Stopping.3. Trip Length and Cold vs. Warmed-up

Starting.B. Ambient Conditions.1. Temperature.2. Humidity.

3. Precipitation.4. Wind.5. Altitude.C. Road Conditions.1. Road Surface.2. Road Curvature and Grade.D. Summary—Driving Condition Variables.IH. Vehicle-Related Variables.A. Vehicle Size—Dimensions and Weight.B. Horsepower.C. Engine Size.D. Compression Ratio.E. Axle Ratio.IV. Disclosure of Test Conditions in Ad­

vertising.Introduction.A. Disclosure of Test Conditions.B. Disclosure of Vehicle Information.V. Conclusion.

INTRODUCTION

A. Scope and limitations o f the analysis. The Commission believes it to be useful to publish this staff analysis of issues relat­ing to the advertising of automobile fuel economy in order to apprise interested parties o f the current consideration and understanding of the staff of the Commis­sion of the very complex issues involved In the prevention of deception and unfairness in such advertising. Such publication is in­tended to enhance the ability of interested parties to comment on the issues contained herein and in the Notice of Initiation of Rulemaking Proceeding Concerning Auto­mobile Fuel Economy Claims published simultaneously also in the F ederal R egister. It must be read with two caveats in mind. First, it has been prepared by the Staff of the Commission for the Commission’s use, but the conclusions contained herein have neither been accepted or rejected by the Commission.

Second, although the preliminary Inquiry o f the Commission’s staff into automobile fuel economy has been substantial, this analysis is not considered to be complete or exhaustive. The staff of the Commission has availed Itself of the expertise of the tech­nical staffs of the Department of Transporta­tion’s Transportation Systems Center in Cambridge, Massachusetts (hereinafter re­ferred to as “DOT” ) and the Environmental Protection Agency’s Motor Vehicle Emis­sions Laboratory in Ann Arbor, Michigan (hereinafter referred to as "EPA” ) . In addi­tion, reference has been made to numerous technical papers and other materials, in­cluding testimony and documents sub­mitted to Congress and state legislatures. In­put has also been received from both foreign and domestic automobile manufacturers, Independent testing organizations, and the Society of Automotive Engineers’ Fuel Econ­omy Measurement Procedures Task Force (hereinafter referred to as the "SAE Task Force” ). However, new data is continuously being generated, and, after analysis by the staff, it will be presented to and considered by the Commission in connection with future actions in this area.

B. The need for fuel economy testing and information. Under actual driving condi­tions all drivers do not experience the same fuel economy in all different cars. If it were otherwise, there would be no need for the development of fuel economy data to en­able comparisons between automobiles, since they would all be the same in this re­spect. However, fuel economy experience does vary and this information is relevant and may be critically important to the con­sumer’s purchase decision. In order to gen­erate this data, testing becomes necessary, and in order either to devise a test or to evaluate the validity of the data generated by a test, it becomes necessary to inquire into the reasons why drivers experience varying rates of fuel consumption.

The first step in this inquiry therefore will be to Identify those variables or factors which significantly contribute to variations in fuel consumption rates and, where possi­ble, to quantify the degree of contribution. After this is determined, the interrelation­ships of the various factors must be analyzed. Thus data based on past expe­rience, from both actual driving experience and from tests designed to measure the reasons for fuel economy variance between cars, must first be analyzed before any con­clusions can be drawn as to tests which are intended to project the fuel economy possi­ble with a given vehicle under various con­ditions.

If no changes were made in cars from one year to the next, this type of projection might not be necessary. All that would be necessary would be an accurate compilation of fuel economy data for vehicles already on the road, and since they would be the same as those subsequently offered for sale, poten­tial purchasers would know the fuel economy of the car they were considering buying. But cars do change, so information based on past experience is not necessarily relevant to new cars and it is not possible to compile enough data based on a broad range of actual driv­ing experiences between the time a new model is developed and the time it is sold. Consequently, tests are needed by which information can be generated rapidly enough so that it is available to prospective pur­chasers during the applicable model year.

Tests, however, can not duplicate actual driving conditions for all drivers. Rather, tests simulate actual driving conditions of some kind. To understand the correlation of a test simulation to real driving, the manner ' in which the factors affecting fuel economy have been accounted for in the test proce­dure must be examined.

Thus, for each of the most significant variables affecting fuel economy, this inquiry will entail a three stage analysis. First, we will review the extent to which each variable affects fuel economy independent of other variables. Second, the analysis will focus on the manner in which each variable Itself is affected by other variables in actual driving. Finally, the meaning of all this in connection with testing for fuel economy will be dis­cussed, particularly as it relates to the con­sumer’s ability to compare his present car or competing automobiles to one being advertised.I. TYPES OF VARIABLES AFFECTING AUTOMOBILE

FUEL ECONOMY

To facilitate the analysis of the variables which most significantly affect the rate at which gasoline is consumed, it is useful to group them into three broad categories as follows :

A. Driving condition variables. Some of the factors which cause drivers to experience differing rates of fuel consumption relate to the conditions under which the driving takes place. These include ambient condi­tions (such as temperature, presence or ab­sence of precipitation, and altitude), road conditions (e.g., type of road surface and the grade or incline of the road) and driving environment or mode (i.e., whether the vehi­cle Is cold or warmed-up and whether driv­ing is done under city, suburban or highway conditions or some combination of these, whether actual or simulated). Varying these conditions among tests will result in dif­ferent rates of fuel consumption even if the driver, his driving performance and the ve­hicle remain Identical.

These driving condition factors are dis­cussed in Section 11 of this analysis.

B. Differences between automobiles. TWs category includes all those variables affect­ing fuel economy that distinguish cars from

FEDERAL REGISTER, VOL. 39, NO. 186— TUESDAY, SEPTEMBER 24, 1974

PROPOSED RULES 34385

one another, whether the cars are different or models, or different varieties of the

model. While many differences In cars can potentially affect fuel economy, certain differences between cars will not be consid­ered. Since this analysis Is primarily con­cerned with how the factors affecting fuel economy relate to the advertising of new cars, there will be no discussion of changes in fuel economy due to the age or state of tune of the car or the inflation of the tires. For new cars, these factors are presumed to be according to specifications or constant. Nor are idiosyncratic differences between other­wise identical cars considered since these could not possibly be accounted for or dis­closed in advertising due to the fact that every car would have to be tested and ac­companied by its own disclosure.

If the driving conditions alluded to in sub­section A, above, and the driver and his per­formance are constant, differences between cars (such as size, weight, engine power and size, and axle ratio) will yield differences, often significant, in fuel economy. These fac­tors are discussed in Section III of this analysis.

C. Differences among drivers. Even if the car and driving conditions are identical, dif­ferent drivers are likely to have different fuel economy experience due solely to the manner in which the car is operated and maintained. The driver who fails to keep his car In time and his tires properly inflated is wasting gas­oline. Similarly, anyone who Idles for a long time when the car is cold or races the engine right after starting is unnecessarily wasting gasoline.1 Consequently, a person who exhib­its these habits will realize fewer miles per gallon of gasoline than someone who does not.

The manner in which a car is driven will also affect fuel economy. For example, driv­ers who habitually accelerate away from stops more rapidly than is normally neces­sary can use as much as 15% more gasoline than would drivers who accelerate more gently.3

This analysis is not addressed to this last category of variables since the driving habits of any driver are unique to him and solely under his control and therefore cannot be reasonably controlled in a test designed to provide fuel economy information to the public at large. Just as idiosyncratic differ­ences between vehicles could not reasonably be subject to testing, differences between drivers can only be tested by testing with each driver.

By controlling the other variables, tests can provide useful information for compar­ing cars, thus permitting consumer choice between cars on the basis of fuel economy and creating incentives for manufacturers to improve the fuel economy of their prod­ucts. The issue then is choice between cars, n0tJ?etween dr*vers- Manufacturers cannot control the habits of drivers, but cars can be mproved. Thus, factors.unrelated to the per- _™ ance of the car itself, as opposed to the P formance of the driver, are not within the scope of this analysis.

Consequently, this inquiry is limited to driving condition—and vehicle—re­

fuel iactQrs which most significantly affect anJESW ** and which could either be

(so that their values might be nm TT real driving conditions in order to

means of evaluating test results), JT,“ ch could be specified (to provide a test vroQ+J1f reasonable and relevant data to the e atest number of consumers).

I*16®6 two types of factors, the most It is in ft0 co„utro1 are driving conditions, the dAOTo 6 aelectlon of these variables that resulted Pf .correlatiorL> 1* any, of the test

_________ actual driving conditions is de-Pootnotes at end of analysis, p. 34391.

termined. Variations among vehicles are most important in the manner o f either selecting a test sample or of disclosing the nature of the vehicle tested. Naturally, every individual car cannot be tested; the costs would be enormous and it would be un­necessary. Thus, a sample must be chosen from all the cars which might be tested and it is in the selection of this sample that differences between cars must be taken into account either by disclosing enough signifi­cant data about the precise vehicle to which the test relates or by carefully selecting enough vehicles to form a representative sample.

The following discussion is therefore or­ganized as follows: A discussion of the most significant variables or factors by category, as set out above, followed by an analysis of how these factors relate to test proce­dures, either as the bases of disclosures or as sources of test specifications.

n . EFFECTS OF DRIVING CONDITION VARIABLES ON FUEL ECONOMY

Introduction. The discussion in this sec­tion concerns the effects of the total driving environment on fuel economy and the re­lationship of the individual components of the driving condition^ to advertised fuel economy claims. The total driving environ­ment is composed of three types of condi­tions which are as follows:

(a) The driving cycle. The general type of driving being done (eg., city, suburban, highway, etc.) is reflected in the average speed; frequency, rate and size of speed changes; frequency of stopping, trip length and engine starting condition (i.e„ warmed- up or “hot** starts versus starts at the am­bient temperature or “ cold” starts). These variables can be assigned any value within the mechanical capabilities of the automo­bile, but by assigning values based on studies of actual driving patterns, it is possible to define different types of driving in terms of these factors.* The components of the driv­ing cycle are discussed in subsection A of this section.

(b) Ambient conditions. Location, season and weather affect fuel economy. The sig­nificant factors in location and weather are temperature, humidity, wind, precipitation and altitude which are dealt with in subsec­tion B of this section.

(c) Road conditions. The type of road sur­face, road grade (incline) and road curvature all can affect fuel economy. These variables are briefly discussed in subsection C of this section.

A. The driving cycle—1. Speed. The effect of speed on fuel economy under real driving conditions is very difficult to assess since other factors are always at play. Nevertheless, it is clear that speed contributes significantly to the rate of fuel consumption. This can be shown by tests, not duplicable by most drivers under real driving conditions, which isolate speed as the only variable. These tests involve driving a car at various unwavering speeds under otherwise identical conditions. When tests of this type are performed, and the fuel economy at the various constant speeds is plotted on a graph, a curve of the type shown in Figure 1 is generated for an average car* From this graph it can be seen that peak fuel economy at constant speed is realized at about 40 miles per hour (“mph”) and most cars peak at between 30 and 40 mph.6 Such peak economy, however, is not realizable by the average driver, and the actual fuel economy a driver would realize in real driving would fall below the curve shown in Figure 1, even if the cars were identical.

FIGURE tFUEL ECONOMY VS. VENIRLE SPEE*

FUEL ECONOMY VS.VEHICLE STEED

STEEPURBAN PRIVINO 20 MPH

FUEL ECONOMY 10MPQ

CRUISE 20 MPH 16.5 MPO90 MPH Z2.0 MPGAO MPH 22.5 MPGSO MPH 21A MPGB0 MPH 19.5 MPG70 MPH 17.3 MPG

Source: U.S. Environmental Protection Agency, Office of Air and Water Programs, Mobile Source Air Pollution Control, A Re­port on Automotive Fuel Economy, at 26 (October 19731.

For example, while the fuel economy of the car represented in Figure 1 at a constant 20 mph was 16.5 miles per gallon (“ mpg” ) , under real driving conditions this speed would be an average speed in typical city stop and go driving. The resulting fuel econ­omy at that average speed in such condi­tions would be only 10 mpg. This 65% vari­ance between a constant and average speed of 20 mph, depending upon whether it is the result of steady or stop and go driving, is attributable to speed transients (accelera­tion and deceleration) which are encountered under actual driving conditions and which increase fuel consumptions,6 due largely to the extra fuel consumed by accelerating from stops.7 These fluctuations result from a vari­ety o f factors which cannot be avoided under most real driving conditions, e.g., traffic, other necessary stops, varying speed limits, differences in road grade and curvature, and shifting wind direction and speed.8

These differences between constant speed driving and real driving are most pronounced in city driving, but even under driving con­ditions which are characterized by fewer speed changes, the fuel economy realized is typically lower than at constant speeds.

The one driving environment in which speed fluctuations might be minimized would be highway driving and even here, some of the factors resulting in speed fluctuations, such as passing of other cars, hills and curves and even driver inadvertence, will probably be present. Additional speed deviation would result from passing, but even if the driver conscientiously attempted to maintain a con­stant speed, some "hunting” around the de­sired speed would typically occur, so that at 50 mph, for example, a speed deviation of 5 mph or more might be experienced. These fluctuations would cause fuel economy to differ considerably from that generated by constant speed tests at highway speeds.

Straying from 50 mph but staying in a range of 45-55 mph—a not unrealistic driv­ing pattern—entails a total speed variance of 10 mph. At these speeds, a single 10 mph deceleration each mile could result in in­creased fuel consumption of 15%.9 One slow­down of 20 mph per mile, as might be en­countered after passing, could increase fuel consumption 25%.19 The substantial impact on fuel economy from seemingly insignificant departures from constant speed clearly il­lustrates the significance of the difference between constant speed test driving and ac­tual driving which occurs within a range of speeds yielding an average speed.

Therefore, mileage figures generated by a test conducted at , a constant 55 mph,11 the

FEDERAL REGISTER, VOL. 39, N O . 186— TUESDAY, SEPTEMBER 24, 1974

34386 PROPOSED RULES

speed closest to the range in which consumers can drive in a manner most closely approxi­mating steady speed, would be misleading to consumers for two reasons.

First, as shown above, even on the high­way, real driving involves fuel economy-rob­bing speed changes, so that the constant 55 mph test figure would be unrealistically high.12

Second, a constant 55 mph test might be biased against smaller oars. It can be seen by referring to Figure 2 that at 55 mph, a small car can obtain an approximately 15% lower rate of fuel economy than the optimum fuel economy achieved at approximately 35 mph; while the intermediate oar’s rate of fuel economy is reduced only about half as

much, approximately 8% from the optimum achieved at 35 mph. Such a test tends to misleadingly deemphasize the difference in fuel economies between smaller and larger cars which is so noticeable at the lower speed ranges. The lower speed ranges more closely approximate the city type driving patterns most experienced by the majority of the driv­ing population.12 (While 35 mph steady speed driving is not a good approximation of the stop and go type driving pattern experienced in city driving, it may be reasonably expected that due to the predominantly inertial effects during stop and go driving, there would be an even greater gap between larger and smaller cars if the comparison was made under that circumstance.)

Figure 2Road Load Economy Versus Driving Speed

ROAD LOAD FUEL ECONOMY STEADY SPEED OPERATION ON A LEVEL ROAD

40 H

; 30

< o tt 20

Ì 1 0

.SUBCOMPACT4 C Y L. ENGINEMANUAL TRANSMISSIONINTERMEDIATEV-8 ENGINE AUTOM ATICTRANSMISSIONLUXURYSEDANV-8 ENGINE AUTOM ATICTRANSMISSION

20 30 40 60M I L E S PER H O U R

60

Source: G. J. Huebner, Jr., and D. J. Gasser, "General Factors Affecting Vehicle Fuel Consump­tion,” (paper presented at National Automobile Engineering Meeting, Society o f Automo­tive Engineers, Detroit, Michigan, May 15,197371

In summary then, the results of steady speed tests ordinarily cannot be duplicated by consumers.14

Though consumers’ driving speed patterns could possibly be approximated by assigning average speeds to their experiences, knowing this alone would not provide enough infor­mation to design or evaluate a valid testing procedure. Even an average speed figure is potentially deceptive unless more is known. Speeds in a range of zero to 70 mph can average 30 mph, but so can a range of 25-35 mph. The latter, however, would probably re­sult in better fuel economy, since the speed changes would be smaller and much of the driving would be in most cars’ optimal speed range.

Thus to control or evaluate the effect of speed in a test, at least the speed range, as well as the average speed, would have to be specified or disclosed. However, even this would be insufficient, since fuel economy is also affected by other driving cycle factors which interrelate with speed under actual driving conditions often in known ratios. These are discussed below.

Footnotes at end of analysis, p. 34391.

2. Acceleration, deceleration and stopping. Beal driving takes place in a range of speeds from a stop (zero mph) to speeds in excess of tin maximum speed limit (55 m ph). In mov­ing through this range, periods of acceleration and deceleration occur at varying rates. All driving also includes some periods of time during which the engine is running but the car is not moving (“idling” ), whether it is a few seconds at the beginning and end of trips or more substantial periods of time typical of city driving.15 Idling, acceleration and deceleration all result in increased fuel consumption.

Naturally, since fuel is being consumed, but no mileage is being accumulated, the fuel economy during idling is zero mpg. The degree to which periods of idle affect overall fuel economy depends on the length of such periods as a proportion of total engine run­ning time.

The degree to which acceleration and deceleration increase gasoline consumption depends upon the size of the speed change, the speed from which the change took place18 and the rate of speed change.17

In a study for the National Research Coun­cil,18 it was reported that at 50 mph, a single speed decrease (deceleration) of 10 mph during each mile traveled increased fuel con­sumption by as much as 15%.19 Decelerations of 20 mph and 30 mph from the same base speed—as might result from passing another car—resulted in increased consumption of up to 25% and 30% respectively.20 Thus as the size of the speed change increased, so did the rate of fuel consumption!.

The rate of speed change also affects the rate of gasoline use to the extent that habitual rapid acceleration may result in a 15% higher rate of fuel consumption than an acceleration at a more gentle rate,91 as noted earlier in the discussion of driver-related variables.

When acceleration and deceleration involve one or more full stops, fuel consumption in­creases even more22 due to idling while the car is stopped, the amount of speed change involved in going to or from a full stop and the necessity of overcoming the inertia of the vehicle’s weight.

Thus speeding up, slowing down and stopping are significant factors in fuel econ­omy. Typical values for these factors under various driving conditions can be measured by analyzing the values for these factors actually experienced in real driving as deter­mined in tests done on actual roads of vari­ous types. For example, in several studies, the frequency of stopping and the duration of stops have been measured for various driving conditions. In a study done on various routes in five urban areas, idle time was found to constitute from 13-18% of total engine run­ning time.23 The five-city composite (weighted for the number of vehicles regis­tered in the five cities) yielded idle time of just over 13%.24

Frequency of idle time (expressed as a number of stops per mile) varies significantly depending upon the type of driving. Urban driving ranges from one to three stops per mile.25 Suburban driving involves one to two stops per m ile28 and highway driving is typified from 0.1 to 0.5 stops per mile.27 See Figure 3.

By controlling the number of stops per mile in a test procedure, fuel economy data generated will either be raised or lowered, depending on the stopping rate chosen. As can be seen from the stops per mile data noted above, the empirical data show ranges of stop frequency, depending upon the type of driving studied.28

The speed ranges and average speeds found by various investigators, in empirical investi­gations of different types of driving were as follow s:28

Range Average

City driving.............Suburban driving__Highway driving___

0-30 mph......0-40 mph___0-70 mph......

16-20 mph- 24 mph. 5 47-50 mpn-

These speeds can be seen to correlate with top frequency on the curve in Figure, rhich is thè curve presented by the Preside f General Motors Corporation in recent learings before the Senate Committee •ublic Works. See, supra, note 12. Data * lependently developed in different g® raphic areas by EPA showed values for s p» ier mile vs. average speed which are in ag nent with this curve,30 which suggests he curve is valid for areas other than

FEDERAL REGISTER, VOL. 39, NO . 186— TUESDAY, SEPTEMBER 24, 1974

PROPOSED RULES 34387

FIGURE 3

Source: Hearings on Compliance with T it le i l (Auto Em ission Standards) o f the Clean A ir Act before the Senate Committee on Public Works, 93d Cong., 1 st S ess ., a t 192 (Nov. 1973). This graph appeared In Attachment 7 t o the statement o f E.N. C ole, President, General Motors Corporation.

By specifying the average speed, number of stops per mile and the range of speeds for a test, it is possible to control acceleration and deceleration rates within reasonably confined limits. By examining the values for these factors employed in a test, it is possible to determine what type of driving the test most represents and, if the degree of agree­ment with the values given in Figure 3 and above is known, Just how representative a test is as to these factors can be evaluated.

To illustrate this, some sample figures can be examined. If a test was designed with an average speed of 16 mph and 4 stops per mile, with a range of speeds from 0-30 mph, It would be clear, to anyone familiar with the proper mix of factors, that this represents city driving. If, however, the upper limit of the speed range were increased, or the num­ber of stops per mile decreased, the test might not generate fuel economy data repre­sentative of normal driving o f any kind, even though the average speed remained the same. -

If a driver must maintain a specified av­erage speed, and must also stop a prescribed number of times, and cannot exceed a cer-

speed, he cannot accelerate too gently between stops or the average speed will not be attained for the entire test. Similarly, increasing the upper limit of the speed range m this- example would permit gentler accel- eratimi (since a higher speed could be av- raged in) and might permit periods of rel­

atively steady speed driving in the optimum speed range (30-40 m ph). a_ ^ us average speed, stopping rate and i»nrtlJange can be specified in a manner in- wnaea to correlate to real driving under vartOuB condittons. Similarly, when the val- cprii,^igned these factors in a test pro- _____ areknown, the degree to which It

Footnotes at end of analysis, p. 34391.

represents some type of real driving can be assessed. However, knowing the values as­signed to these factors—speed, acceleration, deceleration and stopping—does not neces­sarily mean that the data generated by the test can be evaluated in terms of real driving experience since still more factors, apart from the general type of driving, can affect fuel economy, as is discussed in the sec­tions below.

3. Trip length and cold vs. warmed-up starting. Although there is some dispute over this point, it appears that the effect of cold starting (and the subsequent period during which the vehicle is warming up) is to sig­nificantly decrease fuel economy. The de­gree to which cold starting affects overall

fuel economy decreases as trip length in- 'Creases, since an increasingly larger propor­tion of the test is conducted with the en­gine warmed up.

The graph in Figure 4, infra, shows the effect on fuel economy of cold starting, ex­pressed as a percentage of fully warmed-up (“hot start” ) fuel economy for different trip lengths. The national average for trip length is 8.9 miles 31 and at the point on the curve corresponding to this trip length, the differ­ence in fuel economy between starting cold and starting warmed up is about 14% (at 70° F ) . This suggests that the choice between cold start and hot start has a significant bearing on the relevance of test results to typical consumer expectance.

FIGURE 4

WARM-UP ECONOMY

Source: Derived from C.E. S ch effler and G.W. Niepoth, General Motors Corporation, Customer Fuel Economy Estimated from Engineering Tests. Society o f Automotive Engineers paper Wo. 65Q8b l, a t Ì0 (1965).

Some of the experts with whom the Com­mission’s staff conferred expressed the view that this 14% fuel economy penalty would be only typical of vehicles manufactured without emissions controls, i.e., those man­ufactured in model years prior to 1968. They reason that the advent of emission controls necessitated design changes in automobiles which reduce the effect of the warm-up pe­riod on fuel economy. Specifically, the time during which the choke is on has been re­duced since “ choking'’ (i.e., reducing the air- fuel mixture thus increasing the amount of fuel relative to air fed to the engine) tends to increase emissions as well as reducing fuel economy.

But in the Society of Automotive Engineers paper from which Figure 4 is reproduced,33 it was reported that choking apparently is not the determ ining factor causing the in­crease in fuel consumption during the warm­up period.33 Bather, the report cites fric­

tional losses due to cold components and lu­bricants and the need to bring the entire vehicle to stable operating temperature as causes of fuel economy loss during warm-up. These factors operate to reduce fuel economy irrespective o f the action of the choke.3*

The data upon which these conclusions and the. graph in Figure 4 are based were developed prior to 1968, but it Is supported by more recent information from several sources. Figure 5 shows the same curve as Figure 4 with more recent data based on tests performed on 1973 model year vehicles by the SAE Task Force referred to at the beginning of this analysis. The circles rep­resent data points reported in the paper Figure 4 is taken from; the triangles rep­resent data points generated by the SAE Task Force’s tests. This new data Indicates that there has been virtually no change since the advent of emissions controls.

FEDERAL REGISTER, VOL. 39, NO . 186— TUESDAY, SEPTEMBER 24, 1974

34388 PROPOSED RULES

FXtnmB 5

Source: Prepared informally for the sta ff o f the Federal Trade Commission by the sta ff o f the U,S. Environmental Protection.Agency's Ann Arbor Laboratory (March 197*0.

Preliminary figures in a draft report dated January 1974,86 prepared for DOT and EPA showed smaller fuel economy penalties attributed to cold starting, but these were nevertheless significailt. The mean penalty reported for a trip o f 7.5 miles was 8.2% and the penalties ranged up to 17.9% for trips of the same length. Consequently, it ap­pears that cold starting is a significant fac­tor affecting fuel economy.

Nevertheless, there remain important questions concerning whether the use of cold starts in fuel economy testing is prac­ticable and even if so, whether the incor­poration of cold starts in a test procedure is necessary. The potential problem with the practicability of cold starting in tests goes to the question o f repeatability. Some of the experts consulted expressed the opinion that cold start tests yield results which cannot be repeated from test to test, which might indicate that use of cold starting in tests introduces a factor which cannot be sufficiently controlled to generate valid test data.

Investigating this contention, the Com-, mission staff compared cold start test re­sults obtained on identical cars in identical cold start tests as reported in the 1974 draft report noted above.38 The average variance between the two cold starts performed was 4%87 (or 0.43 MPG) with no two tests on the same car differing by as much as one MPG. When these data are considered along with the fact that cold start tests per­formed on 1973 cars by the SAE Task Force shown in Figure 5 fell almost precisely on the curve generated in 1965 shown in Figure 4 and 5, it appears that the small variabil­ity in cold start testing is outweighed by the gain in relevance to consumer experi­ence obtained by the use of cold start test data, thereby enhancing the credibility of the data as a basis for advertising claims or for other promotional disclosures to con­sumers.

portion of all trips, most vehicles miles traveled are accumulated during long trips. Data supplied to the Commission staff by DOT indicates that the majority of trips made in this country are under 5 miles long, but that these trips account for just over 11% of the vehicle miles accumulated.38 The significance attached to this by some critics of cold start testing is that fuel consump­tion is a function of aggregate vehicle miles travelled, not of average trip length alone. By using cold starts in tests, this argument goes, the effect of cold starts on a national basis is exaggerated. However, gasoline con­sumption is not directly proportional to vehicle mile accumulation, since cold starting during the shorter trips results in signifi­cantly higher gasoline consumption, and be­cause longer trips tend to be made under conditions more favorable to good fuel con­sumption (fewer stops per mile, highway cruising, etc.).39 Thus, the argument comes full circle, and the indication is that cold starting does significantly contribute to this country’s fuel consumption. Although not all trips begin cold, “The majority of day- to-day driving is composed of a succession of relatively short trips, and typically in­cludes some degree of vehicle warm-up each time car is driven.” (Italics added.) 40

Ideally, the degree to which cold starting affects the test data should reflect actual driving. Most driving involves some warming up as noted above, but not all starts are cold. In a comprehensive study done in the Los Angeles area, it was found that average car use involved 4.7 trips per day.41 One of these trips begins after overnight disuse so it is a cold start. Another begins after in­activity of a considerable period (such as during work for a commuting vehicle) .** Thus, two out of 4.7 starts were made when the vehicle was completely cold or virtually so.43 From this it is easily calculated that about 43% of all trips began with cold starts in Los Angeles. On a national basis

One further criticism of cold start testing should be noted. It is contended that al­though the short trips which are most typi­fied by cold running represent the largest

Footnotes at end of analysis, p. 34391.

however, the ratio of cold starts to hot starts may be even higher, since the national aver­age for daily trips is four in metropolitan areas.44 It would be reasonable to assume that this still includes two cold starts daily,

yielding a one-to-one ratio for cold starts to hot starts.

Thus, to properly account for cold starting and warm up, fuel economy test data should include at least a 43% contribution from cold starting. This can be done by running the test in two segments, on e fo ld and one “hot” and releasing the test results as a harmonic average of the results from the two segments.45

B. Ambient conditions—1. Temperature. As temperature falls, fuel economy becomes poorer. For example, at 50 mph, every loeF. drop in temperature results in a fuel econ­omy reduction of 2%.48

Due to wide fluctuations in temperature, tests cannot be representative of all driving at all temperatures. Usually, the ambient temperature range is specified for outdoor tests. For indoor tests, ambient temperature can be closely controlled. Thus, by specifying or controlling temperature, there will be no variance between tests due to temperature fluctuation.

2. Humidity. High humidity tends to re­duce fuel economy somewhat since there is a higher percentage of water vapor in the air-gasoline vapor mixture in the engine and water vapor does not contribute to com­bustion. This can be accounted for by speci­fying humidity tolerances for testing out of doors. When tests are performed in a labora­tory which is heated in the winter and air conditioned during the summer, humidity tends to be relatively low and deviates less and therefore contributes less to test vari­ance.

3. Precipitation. Rain severely reduces fuel economy, and since the rate and volume of rainfall cannot be controlled, outdopr tests are never conducted in the rain. Naturally, this restricts time available for testing, a problem not experienced in indoor testing.

4. Wind. Wind significantly affects fuel economy in degrees reflecting the direction of the car relative to the wind direction and the wind velocity. The effect of wind resist­ance, which is a product of wind speed and vehicle speed, is covered in the following section’s discussion of vehicle size.

Outdoor tests usually specify maximum wind speed and are run in two directions in an attempt to nullify wind effects. Obviously, this is not an issue in indoor testing.

5. Altitude. At high altitudes (over 2,000 ft.) fuel economy decreases somewhat.47 Tests ordinarily are conducted at altitudes lower than this, so the tests are somewhat inac­curate as reflections of the fuel economy which would be realized by that part of the population which primarily drives at high altitudes.

C. Road conditions—1. Road surface. Fuel economy is significantly better on smooth paved roads than on dirt or broken surface roads.48 Since most roads are paved, testing is done either on a paved road or in a manner which simulates a smooth road.

2. Road curvature and grade. Road curva­ture and grade also affect fuel economy. Road curvature increases gasoline consump­tion depending upon the degree of curva­ture.49 Tests are either conducted on a straight course or a course with relative y gentle curvature. For example, a car going P a 7% grade at 50 mph is penalized 55% mi“ fuel economy compared to a car going 50 mp on a level road. On a 3% grade the iw economy penalty is about 32%.60 There

a level surface. .D. Summary—driving condition varta/

The most significant driving condition ables are speed, amount and rate of aecei tion and acceleration, frequency otj duration of stops (idling time), engine ing condition (cold or warmed-up Ji length, ambient conditions and road tions.

FEDERAL REGISTER, VOL. 39, NO. 186— TUESDAY, SEPTEMBER 24, 1974

PROPOSED RULES 34389

As a general rule when these factors are Isolated from one another, the following re­lationships to fuel economy can be seen:

1 When plotted against speed, fuel econ­omy peaks between 30 and 40 mph forming a characteristic curve for most cars; better fuel economy is realized at constant speeds;

2. Fuel economy decreases as the size, rate and number of accelerations or decelerationsincrease; ,, . .

3 . Fuel economy decreases as the rate and duration of stops increase;

4. Fuel economy when measured from a cold start is less than that measured when the car is warmed-up;

5. Fuel economy increases as trip length increases.

Under real driving conditions, these vari­ables are not independent of one another, but exist in clearly defined relationships to one another and their values vary depending upon the general driving environment (i.e., city, suburban, highway) as follows:

1. Average speed increases as trip length increases;

2. Average speed and stopping frequency are related in that as average speed increases, the number of stops per mile decreases and this tends to control the rate and frequency of accelerations and decelerations;

3. The size of accelerations is reflected by the range of speeds and the average speed together with stopping frequency;

4. The effect of cold starting decreases as trip length increases;

5. The more constant speed is, the better fuel economy is and the degree of speed con­stancy depends on acceleration, deceleration and stops so that driving at higher speeds on the highway tends to produce better fuel economy. Aif average speed decreases, high­way conditions are not represented so that stopping and speed changes increase while length of trip decreases.

m . VEHICLE-RELATED VARIABLESIn selecting a new car, the consumer

chooses between general types of automobiles (luxury, standard, intermediate, compact or subcompact, etc.), between packages of options and between models. Inevitably the choices the consumer makes lead to better or worse fuel economy, depending upon some of the particular characteristics of the car and the optional equipment selected. The differences among cars which affect fuel economy and which consumers can control in their purchase selection are the subject of this section.'

These variables include weight, hcgsepou the size of the engine (expressed in ter of total displacement), compression ra1 rear axle ratio and various accessories, of these variables are explained and discus: below.

A. Vehicle size. The size of an automot affects fuel economy in two ways. The weij of the vehicle increases both the poi needed to move the car and the inerl resistance of the car to speed changes, p ticularly accelerations from stops. The terior size of the car also may affect f economy, depending on its design, becai jne larger a car is, generally, the larger he area of the front of the car (the cr

sectional frontal area). At high speeds, /ease in the cross sectional frontal a increases the resistance to movement fr a,. wind resistance or aerodynaierJ*’ * * * * * ec°nomy to varying < Uni«,, dep®nding upon speed and strea insw«at 1(iw sPeeds> however, this effeclinsignificant.»« K S * weight is the single most import: easnu« Ce between automobiles in terms Bound « consumPtion at any speed.® A ! other f/ T ease in ve3aicle weight, with _______ ors e<inal, has been estimated

Footnotes at end of analysis, p. 34391

result in an average. 14% fuel economy loss with a difference of 100% between a 2500 and 5000 lb. car.53 Consumers Union tests indicated a decrease of 0.5 mpg for every 500 lb. increase in weight.54

In addition to the effect of the weight itself, heavier cars also usually need power options and larger more powerful engines, which additionally increase gasoline con­sumption.55

B. Horsepower. As the power of an engine increases, it tends to consume more gaso­line.54 One study reported that fuel economy decreased by one mpg for every 120 horse­power increase in engine output.57 However, power must be considered together with ve­hicle weight, since an underpowered, heavy car will perform relatively poorly on the highway, thereby losing the usual fuel econ­omy advantage of highway over city driving.58

Thus, the horsepower of a car is significant, but to judge the car’s performance on a test involving some but not all driving conditions, e.g., highway but not city, the power to weight ratio must be known. Without this knowledge, it might falsely be assumed that the mpg number generated by a highway test would be considerably lower in the city and vice versa.

C. Engine size (displacement). Engine size is commonly noted merely in terms of the number of cylinders, but different engines with the same number of cylinders vary in size due to differences in the effective volume of the cylinders. Therefore, a more realistic and accurate measurement of engine size is “ displacement” . Displacement is a measure of the maximum volume of a cylinder (when the piston is furthest from the tip of the cylinder) or, the volume of the cylinder through which the piston acts. The total of all of the cylinders is the engine displace­ment, usually expressed in cubic inches (C.I.D.) or litres in the metric system.

As displacement increases, fuel economy decreases,59 in a ratio o f 0.2 mpg per 10% engine displacement increase.40 Thus, a larger engine consumes more gasoline.

Additional fuel economy loss is attribut­able to larger engines due to their weight. The difference between a six and eight cylin­der engine is often well over 100 lbs.41

D. Compression ratio. Compression ratio is a ratio of the volume of the air and gasoline mixture in the cylinder before compression by the piston to the volume after compres­sion. Thus, if the initial volume is ten times the volume after compression, the ratio is 10:1. Higher compression engines are gener­ally more efficient. A 10% increase in com­pression ratio improves fuel economy by half ah mpg in urban driving,43 (although it also increases the octane requirements of the engine.)43

Thus, vehicles with high compression ra­tios may be more efficient and burn relatively less gasoline, but the fuel to power them costs more per gallon since high octane fuel is more expensive. There is a trade off here which the consumer would have to evaluate.

E. Axle ratio. The axle ratio is the number of revolutions of the drive shaft as the ratio to the number of revolutions of the rear wheels. The range of ratios available is from about 2.7 to 4.I.44

Several different axle options might be available for the same model car. For exam­ple, a higher ratio is often needed if the car is going to be used for towing a trailer, but a 10% reduction in axle ratio can improve fuel economy by more than 2% 45 or 0.1 mpg for an intermediate size car in urban traffic.44

Weight, engine horsepower and displace­ment, type of transmission, and the com­pression and axle ratios account for 90% of the variances in fuel economy between auto­mobiles. Vehicle size alone accounts for 80% of the difference in urban driving taking into account the way heavier vehicles are actu­

ally sold, i.e., with larger more powerful en­gines.47

In addition to these factors, which might be considered descriptive of the basic car, optional equipment can increase fuel con­sumption both through the power drained when the equipment is in use and due to the increased weight of the car attributable to the equipment. The values attributed to the increase in power consumption caused by the most significant accessories and con­venience devices are shown in Table 1.Table 1.— E ffect o f engine accessori es and convenienc

devices

Fuel EconomyReference1 Type of Accessory Penalty (urban

operation)

(11).......... - Power steering, air 7.7 percent.conditioning,generator.

. 13 percent (85°(12)........... Air conditioning.....ambient).

(12)—....... . Power Steering........ ,. About 1 percent.(12)........... Automatic trans- 14 percent to 15.5

mission. perceht.(14)........... . Air conditioning___ .. 9 percent (70°F

ambient).(14)........... . Automatic trans- 5 percent to 6

mission. percent.This paper. ...... do..................... .. 0 percent to 6

percent.

1 References cited m paper.Source: Austin and Heilman, “ Passenger Car Fuel

Economy—Trends and Influencing Factors,” Society of Automotive Engineers paper No. 730790, 1973 at 17.

IV. DISCLOSURE OP TEST CONDITIONS IN ADVERTISING

Introduction. In the preceding two sections of this analysis, the discussion focused on the contributions of various factors to an automobile’s rate of gasoline consumption. Briefly, the most significant of these factors are as follows:

1. Speed (average and range).2. Acceleration and Deceleration (rate and

number of mph increase or decrease and fre­quency of speed changes).

3. Stopping frequency.4. Trip length.5. Engine starting condition (cold or

“hot” ) .6. Temperature.7. Humidity.8. Precipitation.9. Wind.10. Altitude.11. Road surface.12. Road curvature.13. Road grade.14. Vehicle size.15. Vehicle weight.16. Engine horsepower.17. Engine displacement.18. Compression ratio.19. Axle ratio.In this section, the possibility of disclosing

the values‘of these variables in tests used to support advertising claims is discussed. With respect to disclosure of conditions, two alter­natives warrant discussion. The first is dis­closure of a few of the key test conditions. The second is disclosure of key features of the vehicle which was tested.

A. Disclosure of test Conditions. The first approach taken to disclosure of test condi­tions was to examine the possibility that just disclosure of only one or two significant facts would permit consumers to relate advertised fuel economy claims to the type o f driving they personally do. If this were possible, con­sumers might be able to do the following:

(1) Make a general decision as to the validity of the advertising claim;

(2) Decide whether they would get more or fewer mpg’s based on a comparison of the way they drive to the way the test was con­ducted;

FEDERAL REGISTER, VOL. 39, NO. 186— TUESDAY, SEPTEMBER 24, 1974

34390 PROPOSED RULES

(3) Estimate with reasonable accuracy the number of mpg’s they should add or sub­tract from the. advertised claims to adjust it to the type at driving they do;

(4) Compare the advertised car’s fuel economy to that of the car they already own;

(5) Compare the advertised car to other cars’ mileage being advertised.

It soon became apparent that estimates of this sort—based upon disclosure of factors but without drawing any conclusions for consumers as to the impact on fuel economy of deviations of specified amounts from the disclosed factors—were not likely to be made with a sufficient degree of accuracy.

In order to determine whether disclosure of just a few conditions would be adequate, the Commission’s staff reviewed advertise­ments in which such disclosures were already made. Examples of advertising88 disclosure and their limitations follow:

(a) Car A, weighing 2750 lbs claims to get 29.8 mpg, when driven at a steady speed of 55 mph in the Arizona desert, with the engine warmed up. A consumer who equated this 55 mph figure with “highway driving” , would be mistaken, for the reasons dis­cussed in sec. H.A.I. supra. Ordinary con­sumers do not, and cannot, drive at steady speeds, and to the extent that their speed fluctuates, either through “ hunting” or passing, they reduce their fuel economy significantly.

(b) Car B, weighing 4500 lbs claims 17.6 mpg at 55 mph and 12.8 mpg at an average speed of 24 mph, with 1.6 stops per mile. As noted, the exaggeration in the first figure may well escape a consumer who. is familiar with 55 mph speed limits. The second figure, which may appear to a consumer to approxi­mate city driving, is really a suburban driv­ing figure, as shown by Figure 3, supra. But even if the consumer were somehow alerted by the average speed or number of stops per mile to the fact that the mileage derived from this test does not approximate city driving, he would not be able to determine what mileage could be achieved in city driv­ing.

That comparison "between, one test and another may be dangerous is illustrated by an attempt to predict the mileage obtainable by a car A at 24 mph with 1.6 stops per mile. If the consumer were to use car B’s experi­ence as his guide, he might expect a reduc­tion of fuel economy of about 25%, to about22.4 mpg. If so, his estimate would be off by over 4 miles per gallon, or about 15%. The ad from which example A is derived claimed26.5 mpg at an average speed of 24 mph with 1.6 stops per mile.

(c) Car C, weighing 4500 lbs, claims to get 16.4 mpg at an average speed o f 87 mph, with speed ranges from 0-55, over a 73 mile trip in conditions ranging from urban to suburban to highway. Although somewhat more conditions are disclosed than in ex­amples (a) or (b ) , the consumer who wished to know what sort of mileage could be ex­pected either in highway driving or city driving would not be aided by these dis­closures. As discussed in Section II above, disclosure of average speed or even speed range by itself is insufficient, since the sig­nificant effects of acceleration, deceleration, and stops are ignored. But even if the num­ber of stops per mile were disclosed (e.g., 0.5) and the consumer were able to relate this to some aspect of his driving experience (e.g. highway), he could still not do more than guess as to what mileage this car could achieve under urban conditions. As the prior example shows, reliance on experience with other cars, or even the consumer’s present car, to arrive at a “discount factor” can be quite misleading.

Footnotes at end of analysis, p. 34391.

Disclosure of more factors will of course give the oonsumer a better picture of how the advertised figure was derived and may give at least some idea of how that test compares with his own driving patterns. Such addi­tional disclosures, however, will not be ade­quate to permit meaningful comparisons between two advertised cars.

To illustrate the problems that might oc­cur if five significant factors were disclosed in advertising, four examples should suffice. Table 2, infra, shows the values that might be found in four different ads involving four different cars and four different tests; a highway test, a city test and two arbitrary tests not representative of real driving.

T able 2

Factor1(1) City driving

(2) Highway driving

(3) Conditions disclosed but

not characterized(4) Conditions disclosed but

not characterized

16............ - ......... 48................. 37 20.Speed range (in mph)_____ ________ 0-30........ ......... . . . . 0-55.................... . . 0-55...................... ..i 0-35.Stops per mile.............. ........... ................ 4___________________ . . . 0.3. .......... .......... . _ 1 . _______ ______________. 2.Tnp length____ _______ __________________ 8___________________ . . . 1 0 ............................ . . 73................. ..................... 20.Starting condition (hot or cold)____ C old .............. . Hot,. ... Hot . Cold.

1 To simplify the problem, it is assumed that ambient conditions and road conditions are optimal. Acceleration and deceleration are not included since a very lengthy disclosure would be needed to cover these factors; it would appear to be impossible for a consumer to drive and at the same time monitor the frequency and rate (i.e. gentleness or harsh­ness) of his own accelerations and decelerations and, in any case, stopping frequency would frequently provide an indication of at least the most costly accelerations and decelerations in terms of fuel economy. Thus, this chart does not show all of the significant test conditions. It merely shows the most significant test conditions which might be disclosed in advertising.

If a consumer wished to adjust the fuel economy figure in any one of these ads to estimate fuel economy in some other mode, it is extremely unlikely that he would be able to do so. (The other mode might be the consumer’s own driving pattern which he had monitored, or it might be a mode as expressed in another ad, e.g. “city driving.” )

If a consumer who had taken the trouble to monitor his own driving was comparing these advertisements, he might see that the first was a reasonably representative city test and the second a reasonably representative highway test, but how would he Judge the other two? Test 3 is essentially the test dis­cussed above as Advertisement No. C ex­cept that the number of stops per mile were not given in the advertisement and the figure in the chart is therefore fictitious. Test 4 is a test with a mixture of character­istics.

Comparing the city test to the secofld arbitrary test shows a slight increase in the average speed and the upper limit of the speed range and a decrease in the number of stops per mile. The trip length is longer, but might not seem unusually long to the consumer. The number of stops per mile is about what would be expected at an average speed o f 20 mph.88 The arbitrary test would yield higher numbers than the city test since the overall effect of the cold start is minimized by the trip length, and the lower stop frequency and higher upper limit of the speed range would permit much of the driv­ing to be done in the optimal speed range of 80-35 mph. Yet, even if the consumer knew all of this, he would still not know by how much to adjust the number generated by this arbitrary test to arrive at a city num­ber since warm-up characteristics o f oars differ and it is difficult to quantify how much of an Improvement these changes would make.

Furthermore, even if the consumer in question takes the time to determine the characteristics of his own driving and finds that about a third of his driving is on the highway, a third downtown and a third in the suburbs,., how could he adjust this test’s results to his driving? Even for a knowl­edgeable consumer who knew that he should adjust the advertised claim downward, the amount of the adjustment would still be only a guess. And there would still be no means of determining the relative ranking of advertised cars. To do so requires nothing less than data for a number of cars all run on the same test and it should be a test which represents real driving and which contemplates all the significant variables as

to which automobiles differ so that particu­larly poor or particularly good performance in some portion of driving (such as ac­celerating or warming up) is measured and included in the final mpg figure.

B. Disclosure of vehicle information. To the extent that the advertised car matched the car the consumer would want, the claim would be relevant if based upon a test ap­proximating typical driving conditions. How­ever, there are dozens of combinations of Options for each model. Thus an advertise­ment for a given car with randomly selected options would only be relevant to some pro­spective purchasers. If for example, a pur­chaser was in the market for an eight cylinder car with a high axle ratio suitable for towing a trailer, air conditioning and automatic transmission, and an advertisement for a car claimed a given fuel economy for eight cylinder, low axle ratio with a three speed standard transmission, the figure in the advertisement would be higher than the con­sumer would realize under the same driving conditions as the one in which the advertised oar was tested. Even if the consumer knew about and understood these variations, it would be difficult for him to quantify the differences so as to enable him to “discount”, the advertised figure.

The amount by which equipment changes affect fuel economy varies. Adding an auto­matic transmission to a small car may re­duce its fuel economy about 6%70 dr 1.5 mpg for a car which gets 25 mpg while; adding it to a larger car will likely result in a much smaller reduction in fuel economy. Changing from a six to an eight cyinder engine will have an effect, but the degree of change in fuel economy depends upon the relative weights, displacement and horsepower of the two engines. The difference between the most efficient combination of equipment and the least efficient in city driving was 3 mpg f°r the large car noted in Advertisement 2 above, but it was almost 7 mpg for the subcompact car in Advertisement 3. Thus the number oi mpg’s to be discounted for the addition of a larger engine or air conditioning or auto­matic transmission depends upon the car. Consequently, there is no good rule of thumo for the consumer to follow.

Disclosure of variables relating to the driving conditions or features of the car fiseo in the test, without also disclosing “ j® quantitative impact on mpg of specified ae* viations from those conditions or featuws> will not ordinarily provide adequate inform»' tion to consumers. This conclusion does n mean that in particular advertisements w failure to disclose information bearing UP

FEDERAL REGISTER, VOL. 39, NO. 186— TUESDAY, SEPTEMBER 24, 1974

PROPOSED RULES 34391

the relevance to the consumer of the claimed mpg may not render the advertisement decep­tive or unfair. Such disclosure might, for ex­ample, in certain circumstances serve to apprise the consumer that he would not realize the advertised fuel economy.

V. CONCLUSION

This discussion has been intended to set forth staff’s present understanding of the major considerations bearing upon a sound technical underpinning for the avoidance of deception and unfairness in fuel economy daims for automobiles. It is expected that interested parties will, by reason of publica­tion of this analysis, be better able to com­ment upon the issues currently before the staff, to bring to the staff’s attention further issues not reflected in this analysis, and to contribute to an informed and effective rule- making.

Issued: September 24, 1974.[seal] C h a r l e s A. T o b in ,

Secretary.FOOTNOTES----ANALYSIS

i Ford Motor Company, Customer Service Division, Car Owning Made Easier, at 69 (1973).

sfj.S. Environmental Protection Agency, Office of Air and Water Programs, Mobile Source Air Pollution Control, A Report on Automotive Fuel Economy, at 29 (1973) [hereinafter cited as the EPA Report].

3 Obviously, driving conditions can be characterized in other ways than by the^e factors. City driving for example might be typified by a certain traffic density or num­ber of traffic lights, but it is the effects of these characteristics on driving which are accounted for by the variables in the driving cycle.

‘ EPA Report, supra note 2, at 26.8 id. at 26; Cf., Claffey, Running Costs of

Motor Vehicles as Affected by Road Design and Traffic, National Cooperative Highway Research Program Report No. I ll , Highway Research Board, Division of Engineering, National Research Council, National Acad­emy of Sciences—National Academy off En­gineering, at 51 et seq. (1971) [hereinafter cited as Claffey] ; G. Huebner and D. Gasser, Energy and the Automobile—General Fac­tors Affecting Vehicle Fuel Consumption, Society of Automotive Engineers Paper No. 730518 in Energy and the Automobile, So­ciety of Automotive Engineers Special Pub­lication No. 383, at 25 (1973) [hereinafter cited as Huebner]. The authors of the latter paper are employed by Chrysler Corpora­tion.

•C. Scheffler and G. Niepoth, Customer fuel Economy Estimated from Engineering Tests, Society of Automotive Engineers Paper No. 650861, at 5 (1965) [hereinafter cited as Scheffler] (The authors are em­ployed by General Motors.)

7 Cf., Scheffler at 5.8 See, Claffey supra note 5.8 Id. at 51 (Table A-14).10 Id. at 52 (Table A-18).11 Many of the advertising claims moni­

tored by the staff were in fact based on justsuch a test. •

12 See, Hearings on “Compliance with Title II (Auto Emission Standards) of the Clean Air Act” before the Senate Comm, on Public Works, 93 Cong., 1st Sess., at 186, 192 (Nov. 1973) (Attachment 7 to the statement ofE. N. Cole, President, General Motors Cor­poration) [hereinafter cited as the Clean Air Act Hearings]; See also, the discussion of stopping frequency and Figure 3, infra.

13 See, U.S. Dep’t of Transportation, Fed­eral Highway Administration, Office of High­way Planning, Program Management Divi­sion, Estimated Motor Vehicle Travel in the United States and Related Data—1972, Table VM-1 (1973). [hereinafter cited as the VM- 1 Table].

«Clean Air Act Hearings, supra note 11, at 186.

15 Scott Research Laboratories, Inc., Ve­hicle Operations Survey, Coordinating Re­search Council—APRAC Project No. CAPE 10-68 (1-70) at Table 4r-2 (1971) [herein­after cited as Vehicle Operations Survey]

«Claffey supra note 5, at 51 et seq. (Charts A—14 to A-21).

u e pa Report, supra note 2, at 29.« Claffey, supra note 5.i» Id. at 52 (Chart A-18).20 Id. at 52 (Charts A-17 and A-18).21 EPA Report, supra note 2, at 29.22 Cf., Qlaffey, supra note 5, at 51 et seq.23 Vehicle Operations Survey, supra note

15 Table 4-2.« Id .25 Clean Air Act Hearing, supra note 11 at

186; See also Federal Test Procedure, 40C.F.R. Section 85 (1973).

28 Clean Air Act Hearings, at 186.27 Id.; R. Kruse and C. Paulsell, Develop­

ment of a Highway Driving Cycle for Fuel Economy Measurements, Mar. 1974 [Avail­able from EPA].

28 Clean Air Act Hearings, at 192.» id. at 186: Vehicle Operations Survey,

supra note 16, Table 4-1; Federal Test Pro­cedure, 40 C.F.R. i 85.075 (1973) [hereinafter cited as the 1975 FTP].

80 The FTP, developed in Los Angeles, has an average speed of 19.5 mph with 2.4 stops per mile. The 1975 EPA Highway Schedule developed in Michigan has an average speed of 49 mph with 0.2 stops per mile. Both tests show values consistent with the curve in Figure 3.

81 U.S. Dep’t of Transportation, Federal Highway Administration, Nationwide Per- sonal Transportation Study [hereinafter cited as the NPTS], Report No. 3, “Seasonal Varia­tions of Automobile Trips and Travel,” at 13 (1972).

82 Scheffler, supra note 6.38 Id., at 2.« Id .35 Energy Conservation Systems Section,

Dep’t of Automotive Research, Southwest Research Institute, A Study of Technologi­cal Improvements to Automobile Fuel Con­sumption (contract DOT-TSC-628) at Ap­pendix D. Note: This is a Jan. 1974 draft off a report prepared for D.O.T. and E.P.A. con­taining preliminary information subject to change [Hereinafter cited as the SWRI Draft Report].

88 Id.

87 In each case the variance was calculated at a percentage of the smaller test result, thus maximizing the percentage difference.

«D ata derived from the NPTS, supra note 31.

39 Id.«Scheffler, supra note 6, at 1.“ D. H. Kearin and R. L. Lamoureaux, Sys­

tem Development Corp., A Survey of Average Driving Patterns in the Los Angeles Urban Area, Coordinating Research Council Air Pol­lution Research Advisory Committee Project No. CAPE-10 (1969) [hereinafter cited as Kearin].

42 Huls, Evolution of Federal Light—Duty Mass Emission Regulations, Society of Auto­motive Engineers Paper No. 730554, at 12 (1973). (The author is employed by the EPA.)

43 Id.44 NPTS, supra note 31, Report No. 7, House­

hold Travel in the United States, at 20 (1972).«Unlike the simple arithmetic means, the

harmonic average would account for the dif­ferent weighting of “hot” and cold starts. For example, if the values designated were 43% cold and 57% hot, the overall mpg would equal:

1A3 .57

mpg (cold) mpg (hot)48 EPA Report, supra note 2, at 30. See also,

Scheffler, supra note 6, at 5, 11.47 SWRI Draft Report, supra note 35, at

Appendix &.48 EPA Report, supra note 2, at 31.49 Claffey supra note 5, at 6.80 EPA Report, supra note 2, at 31.61 SWRI Draft Report, supra note 35, at

329; T. Austin and K. Heilman, Passenger Car Fuel Economy—Trends and Influencing Fac­tors, Society of Automotive Engineers Paper No. 730790 at 16 (1973) (The authors are employed by EPA.)

82 Austin and Heilman, supra, at 20; Hueb­ner, supra note 5, at 26; Senate Committee on Commerce, Report on S. 2176, “ The National Fuels and Energy Conservation Act of 1973 S. Rep. No. 93-526, 93 Cong., 1st Sess. 9 (1973) [hereinafter cited as the Senate Report onS. 2176].

53 Senate Report on S. 2176, supra, at 9.84 “Options: The Gasoline Trade—Off” ,

Consumer Reports, Apr. 1974, at 304.85 Senate Report on S. 2176, supra note 52,

at 10.86 Scheffler, supra note 6, at 5.87 Id.88 Id.« “ Options: The Gasoline Trade-Off,” Con­

sumer Reports, Apr. 1974, at 304.80 Heubner, supra note 5, at 27.«See, e.g., “Options: The Gasoline Trade-

Off,” Consumer Reports, Apr. 1974, at 304.«Heubner, supra note 5, at 27.«Id .«See, 39 Fed. Reg. 7664 et seq. (Feb. 27,

1974) wherein the axle ratios of tested cars were listed.

68 EPA Report, supra note 2, at 14.66 Heubner, supra note 5, at 28.97 Id., at 26.88 This data is drawn from actual ads.«See Figure 3, supra: Clean Air Act Hear­

ings, supra note 11, at 192.79 Austin, supra note 49, at 15.[FR Doc.74-21564 Filed 9-23-74;8:45 am]

FEDERAL REGISTER, VOL. 39, NO . 186— TUESDAY, SEPTEMBER 24, 1974

Just Released

CODE OF FEDERAL REGULATIONS

(Revised as of July 1, 1974)

Title 32— National Defense (Parts 1 -8 )____ ____ _____ ___ _ $5.95

Title 41— Public Contracts and Property Management(Chapters 10-17)______________________________ 3.10

Title 41— Public Contracts aiid Property Management(Chapters 19-100)_____ _______________________ 2,60

[A Cumulative checklist of CFR issuances for 1974 appears in the first issue U of the Federal Register each month under Title i ]

Order from Superintendent of Documents,.'United States Government Printing Office,

Washington, D.C. 20402