Vol.42— No.

85
5-3-77 TUESDAY, MAY 3, 1977
PAGES
22355-22556

PRIVACY ACT
OFR announced publication guidelines for the 1977
compilation on Friday, April 8, 1977 (42 FR 18760).
Agencies are reminded to consult that issue regarding
their publication responsibilities.

SUNSHINE ACT MEETINGS................................ 22467

DROUGHT AND FLOOD CONSERVATION

USDA/ASCS implements special emergency financial
assistance program for designated areas; effective
5 -3 -7 7 .............................. ».............. ».................. ................. 22358

RETAIL GASOLINE SALES

FEA proposal regarding service station rent cost in*
creases; comments by 6—20—77; hearing on 6-21—77.... 22374

OCCUPATIONAL EXPOSURE TO BENZENE

'Labor/OSHA establishes emergency temporary stand­
ards for protection of workers; effective 5—21—77; hear­
ing on 7-12-77 (Part IV of this issue).............................. 22515

ANIMAL FEEDS AND DRUGS

HEW/FDA permits feeding of methoprene to cattle
without 14-day preslaughter withdrawal period; effec­
tive 5—3—77.»....... ....................................... ».......................... 22363
EPA increases established tolerances of residues of
methoprene in cattle fat and milk; effective 5—3—77.». 22364

FOOD STAMP PROGRAM

USDA/FNS revises maximum allowable income stand­
ards and basis of coupon issuance; effective 7-1-77 .... 22356

FARM LABOR CONTRACTOR REGISTRATION

ACT
Labor/ESA exempts additional categories from coverage;
effective 5 -3 -7 7 .............................»......................... ............ 22364

MOTOR CARRIERS
ICC amends rail credit regulations; effective 5-3-77.... 22369

AIR POLLUTION
EPA proposés standards of performance for lime manu­
facturing plant; comments by 7 -5 -7 7 (Part II of this
issue) .......................................................................... ............. 22506
EPA adds lime manufacturing plants to list of categories
of stationary sources; effective 5-3—77 (Part II of this
issue) ........................................................................................ 22510
CONTINUED INSIDE
 reminders
(T h e Items in this list were editorially compiled as an aid to F ederal R egister users. Inclusion or exclusion from this list has no legal
significance. Since this list is Intended as a reminder, it does not include effective dates that occur within 14 days o f publication.)

Rules Going Into Effect Today List of Public Laws

N o t e : There were no items eligible for in­ N o t e : N o public bills which have become
law were received by the Office o f the Federal
clusion in the list o f R u l es G o in g I n t o E f ­ Register for inclusion in today’s L ist of
fect T oday . P u b lic L a w s .

AGENCY PUBLICATION ON ASSIGNED DAYS OF THE WEEK

The six-month trial period ended August 6. The program is being continued on a voluntary basis (see OFR
notice, 41 FR 32914, August 6, 1976). The following agencies have agreed to remain in the program:

Monday Tuesday Wednesday Thursday Friday

NRC USDA/ASCS NRC USDA/ASCS

DOT/COAST GUARD USDA/APHIS DOT/COAST GUARD USDA/APHIS

DOT/NHTSA USDA/FNS DOT/NHTSA USpA/FNS

DOT/FAA USDA/REA DOT/FAA USDA/REA

DOT/OHMO CSC DOT/OHMO CSC

DOT/OPSO LABOR DOT/OPSO LABOR

HEW/FDA HEW/FDA

Documents normally scheduled on a day that will be a Federal holiday will be published the next work day
following the holiday.
Comments on this program are still invited. Comments should be submitted to the Day-of-the-Week Program
Coordinator, Office of the Federal Register, National Archives and Records Service, General Services Adminis­
tration, Washington, D.C. 20408.

ATTENTION: For questions, corrections, or requests for information please see the list of telephone numbers
appearing on opposite page.

Published dally, Monday through Friday (no publication on Saturdays, Sundays, or on official Federal
& ^ holidays), by the Office o f the Federal Register, National Archives and Records Service, General Services
Of Administration, Washington, D.C. 20408, under the Federal Register Act (49 Stat. 500, as amended; 44 U.S.C..
<A in
o> Ch. 15) and the regulations o f the Administrative Committee o f the Federal Register (1 CFR Ch. I ) . Distribution
e is made only by the Superintendent o f Documents, U.S. Government Printing Office, Washington, D.C. 20402.
Q. The F ederal R egister 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 o f Congress and other Federal agency
documents o f public interest. Documents are on file for public Inspection in the Office o f the Federal Register the day before
they are published, unless earlier filing is requested by the issuing agency.
The F ederal R egister will be furnished by mail to subscribers, free o f postage, for $5.00 per month or $50 per year, payable
In advance. The charge for individual copies is 75 cents for each issue, or 75 cents for each group o f pages as actually bound.
Rem it check or money order, made payable to the Superintendent o f Documents, U.S. Government Printing Office, Washington,
D.C. 20402.
There are no restrictions on the republication o f material appearing in the F ederal R egister.

FEDERAL REGISTER, VOL. 4 2 , NO. 85— TUESDAY, MAY 3, 1977

 INFORMATION AND ASSISTANCE
Questions and requests for specific information may be directed to the following numbers. General inquiries
may be made by dialing 202—523—5240.

FEDERAL REGISTER, Daily Issue: PRESIDENTIAL PAPERS:

Subscription orders (GPO).............. 202—783—3238 Executive Orders and Proclama- 523-5233
Subscription problems (GPO)........ 202—275—3050 tions.
“ Dial ■a • Regulation” (recorded 202 -5 23 -50 22 Weekly Compilation of Presidential 523-5235
summary of highlighted docu­ Documents.
ments appearing in next day’s Public Papers of the Presidents.... 523-5235
issue).
Index ............... 523-5235
Scheduling of documents for 523-5220
publication. PUBLIC LAWS:
Copies of documents appearing in 523-5240 Public Law dates and numbers...... 523-5237
the Federal Register. Slip Laws.............................................. 523-5237
Corrections......... ..................... — 523-5286
U.S. Statutes at Large..................... 523-5237
Public Inspection Desk..................... 523-5215
Finding Aids........... ................ -........ 523-5227 Index ......... ...................................-— ~ 523-5237
Public Briefings: “ How To Use the 523-5282 U.S. Government Manual............. ........... 523-5230
Federal Register.” Automation ........................................... 523-5240
Code of Federal Regulations (CFR).. 523-5266
Finding Aids...................................... 523-5227 Special Projects...................................... 523-5240

HIGH LIGHTS— Continued

CHICAGO, NORTH WESTERN TRANSPORTATION MEETINGS—

USDA/FS: Apache National Forest Grazing Advisory
CO. Board, 6-9—77........................... 22385
ICC publishes system diagram'map (Part V of this
Sitgreaves National Forest Grazing Advisory Board,
issue) ........ ......................................... ,................................... 22531
6-10-77 ........ 22385
CRC: State Advisory Committees:
FISHERY CONSERVATION AND MANAGEMENT Alaska, 6 -3 -7 7 ...............................................................
State publishes applications for permits to fish off U.S. Washington, 6 -1 8 -7 7 ............................ ..................... i 22389
Coast (3 documents) (Part VI of this issue)........ 22544-22553 West Virginia, 5—26—77................... 22389
Commerce/DIBA: Semiconductor Technical Advisory
TRADEMARK CASES Committee, 5 -19-7 7................................................. 22391
Commerce/PTO proposes to amend certain forms; com­ NOAA: Caribbean Fishery Management Council and
ments by 6 -1 -7 7 .................................. ............................. — 22378 Scientific and Statistical Committee and Ad­
visory Panel, 5—23 thru 5—26—77...—..... 22389
FEDERAL ELECTIONS Gulf of Mexico Fishery Management Council's
FEC announces availability of advisory opinion request Shallow Water Shrimp, Groundfish, Coastal
1977-20 (Part III of this issue).................................. .......... 22511 Migratory Pelagic and Reef Fish Advisory
, Panels, 5-31, 6-1, 5-24 and 5-25-77
SPECIAL POPULATION CENSUS respectively .............*.........- ................................ 22390
South Fishery Management Council Scientific
Commerce/Census amends fee structure; effective and Statistical Committee Advisory Panel,
5-1-77 ............................ ............................................... ......... 22362 5—24 thru 5 -26-7 7............................................... 22390
DOD: Task Force On Intelligence Advisory Committee,
EDUCATIONAL ASSISTANCE 5-20-77 .......................................................................... 22394
HEW/OE announces closing dates for receipt of appli­ FCC: WARC-79 Advisory Committee For Maritime
cations for the following programs: Mobile Service, 5-24—77............................................... 22394
Indian Adult Education Special Programs; 6-13 and F PC: Technical Conference regarding Regulatory In­
6-17-77 ........... .................... . ..............................-...... 22406 formation System, 5—18 thru 5—20, 5—23, 5—25,
5-26, 6-1, and 6 -3 -7 7 ................................................. 22398
Indian Fellowship Program; 6-15 and 6 -17-7 7............... 22405
HEW/FDA: Health Care and Services, 5-18-7 7............. 22405
Indian Children Special Programs and Projects For Interior/NPS: North Atlantic Committee, 5-26 and
Improvement of Educational Opportunities; 6 —15 and 5-27-77 ..................................................................... 22420
6-17-77 ........ ............. ................................ ...................... 22407 Justice: Director of the Federal Bureau of Investigation
Selection Committee, 5-6, 5-7, 5—12 thru 5—14,
PRIVACY ACT 5—19 thru 5—21, and 5-26 thru5—28—77.............. 22428
HUD amends routine uses of certain systems of records; INS: Immigration and Naturalization Hispanic Ad­
comments by 6-2-77 ............................................................ 22408 visory Committee, 5—19 and5-20-7 7.................... 22428

FEDERAL REGISTER. VOL. 42 . NO. 85— TUESDAY, MAY 3, 1977 iii

 HIGHLIGHTS— Continued

NSF: Ethics and Values in Science and Technology CANCELLED M E E T IN G -

Program Subpanel, 5—19 and 5—20—77............... 22440 CRC: Iowa Advisory Committee, 5-12-7 7............... ...... 22388
Project Director's project on “Women In Science
Program” , 5-19-7 7............ ...... . ...... .......... 22440 SEPARATE PARTS OF THIS ISSUE
Very Large Array Ad Hoc Advisory Panel, 5—19—77.. 22440 PART II, EPA......................................... ................................. 22505
Science and Technology Policy Office: Intergovern­ PART III, FEC..:........ ................................................................ 22511
mental Science, Engineering, and Technology Ad­ PART IV, Labor/OSHA.......... ....................................;..... . 22515
visory Panel, 5-27-7 7................................................... 22441 PART V, ICC......................................................................... . 22531
State: Shipping Coordinating Committee, 5-26-7 7...... 22441 PART VI, State............................................ ............................ 22543

contents
AGRICULTURAL MARKETING SERVICE International Air Transport As­ EDUCATION OFFICE
Rules sociation ___________________ 22386 Notices
International Air Transport
Fruits and vegetables (canned or Association; correction____ 22386 Applications and proposals, clos­
fro ze n ); grade standards______ 22356 Trans World Airlines, Inc_____ 22387 ing dates:
Lemons grown in Ariz. and Calif_ 22359 Universal Air Travel Plan; cor­ Indian children, educational op­
Milk marketing orders: rection ______ 22388 portunities; programs to im­
Upper Midwest________________ 22360 prove ______________________ 22407
CIVIL RIGHTS COMMISSION Indian fellowship program_____ 22405
AGRICULTURAL STABILIZATION AND Indians, adult education for;
CONSERVATION SERVICE Notices
program s___________________ 22406
Rules Meetings, State advisory com­
mittees: EMPLOYMENT AND TRAINING
Rural environmental programs, Alaska ________ 22388 ADMINISTRATION
National: Iowa; cancelled________________ 22388
Drought and flood area conser­ Proposed Rules
W ashington_________________ T_ 22389
vation program_____________ 22358 Alien temporary agricultural and
West Virginia______________ 22389
logging employment in U.S.;
AGRICULTURE DEPARTMENT CIVIL SERVICE COMMISSION labor certification; hearings___ 22378
See Agricultural Marketing Serv­ Rules
ice; Agricultural Stabilization ENVIRONMENTAL PROTECTION AGENCY
and Conservation Service; Ani­ Excepted service: Rules
mal and Plant Health Inspec­ Housing and Urban Develop­
ment Department (2 docu- Pesticide chemicals in or on raw
tion Service; Food and Nutrition agricultural commodities;
Service; Food Safety and Qual­ mepts) _____________________ 22355
International Trade Commis­ tolerances and exemptions,
ity Service; Forest Service; etc.:
Rural Electrification Adminis- * sion _________________________ 22356
Labor Department____________ 22355 Methoprene___________________ 22364
tration; Soil Conservation Serv­
ice. State Department_____________ 22355 Proposed Rules
Notices A ir pollution; standards of per­
AIR FORCE DEPARTMENT Noncareer executive assignments: formance for new stationary
Notices ACTIO N _______________________ 22389 sources:
Environmental statements; avail­ Labor Department____________ 22389 Lime manufacturing plants____ 22505
ability, etc.: Notices
COMMERCE DEPARTMENT
Greater Pittsburgh Interna­ Air pollution; standards of per­
tional Airport, Pa_________ _ 22393 See Census Bureau; Domestic and formance for new stationary
Vandenberg Air Force Base, International Business Admin­ sources:
Space Shuttle facilities, Calif_ 22393 istration; Foreign-Trade Zones Lime manufacturing plants____ 22510
Board; National Oceanic and
ANIMAL AND PLANT HEALTH Atmospheric Administration; FEDERAL COMMUNICATIONS
INSPECTION SERVICE Patent and Trademark Office. COMMISSION
Rules Notices
COMMUNITY SERVICES
Livestock and poultry quarantine: ADMINISTRATION Meetings:
Brucellosis___________ ________ 22370 Maritime Services Radio Tech­
Rules
Proposed Rules Community Action Program: nical Commission___________ 22394
Animal welfare: Funding, application process;
Transportation, handling, care correction __________________ 22365 FEDERAL DEPOSIT INSURANCE
and treatment; standards, CORPORATION
extension of time___________ 22374 DEFENSE DEPARTMENT Rules
CENSUS BUREAU See also Air Force Department. Interest on deposits:
Notices Individual retirement accounts
Rules
Meetings: (IR A ) and Keogh (H.R. 10)
Population censuses, special; fee Science Board task forces_____ 22394 plans; maximum interest
structure _____________________ 22362 rates; correction____________ 22362
DOMESTIC AND INTERNATIONAL
CIVIL AERONAUTICS BOARD BUSINESS ADMINISTRATION Proposed Rules
Notices Notices Interest on deposits:
Hearings, etc.: Meetings: v Pooled time deposits; restricted
Caribbean area service investi­ Semiconductor Technical Advi­ payment; withdrawn; correc­
gation; correction___________ 22386 sory Committee______________ 22391 tion _________________________ 22378

iv FEDERAL REGISTER, VOL. 4 2 . NO. 85— TUESDAY. M AY 3 . 1977


FEDERAL ELECTION COMMISSION
Notices
Advisory opinion requests---------- 22511
FEDERAL ENERGY ADMINISTRATION
Proposed Rules
Petroleum price regulations,
mandatory:
Gas station rent increases i re­
tail gasoline sales, pass­
through --------------- 22374
Notices
Environmental statemènts; avail­
ability, etc.:
West Hackberry salt dome stor­
age site_____________________ 22394
FEDERAL MARITIME COMMISSION
Proposed Rules
Practice and procedure:
Water carrier protestors of pro­
posed tariff rate changes;
“ complainants” designation
e n d e d _______ 22383
Notices
Gulf ports, equalization, absorp­
tion, and minibridge; petition;
correction —----------------------- 22394
Agreements filed, etc.:
American Export Lines, Inc.
et al________________________ 22394
Long Beach, City of, et al. (2
docum ents)_________________ 22395
Port Everglades Authority
et al— _____________________ 22395
FEDERAL POWER COMMISSION
Notices
Regulatory information system;
technical conferences------------- 22398
H p fir in a * p tc • Notices
McCulloch interstate Gas Co_. 22396
Panhandle Eastern Pipe Line
Co — — ________________— 22396
FEDERAL RESERVE SYSTEM
Rules
Truth-in-lending:
Official staff interpretations----- 22360
Notices
Board actions; applications and
re p o rts _______________________ 22390
Applications, etc.:
Goodlettsville Bancshares, Inc__ 22402
National Detroit Corp_________ 22402
FOOD AND DRUG ADMINISTRATION
Rules
Animal drugs, feeds, and related
products:
M ethoprene___________________ 22363
Notices
Pood additives, petitions filed or
withdrawn:
Southern Sizing Co____________ 22405
Health care and services; infor­
mation and administration prp-
cedures; meeting_______________ 22405
Meetings:
Toxicology Advisory Committee;
correction___________________ 22405
FEDERAL REGISTER, VOL. 42 . NO. 85— TUESDAY, MAY 3 . 1977
CONTENTS
FOOD AND NUTRITION SERVICE
Rules
Pood stamp program:
State agencies and eligible
households participation------ 22356
Notices
Meetings:
Child Nutrition National Advi­
sory Council_________________ 22385
FOOD SAFETY AND QUALITY SERVICE
Rules
Meat and poultry products, in­
spection; realignment of agency
and program responsibilities__ 22373
FOREIGN-TRADE ZONES BOARD
Notices
Foreign-trade zone applications:
Pittsburgh, Pa_________________ 22391
FOREST SERVICE
Notices
Meetings:
Apache National Forest Grazing
Advisory Board_____________ 22385
Sitgreaves National Forest
Grazing Advisory Board_____ 22385
HEALTH, EDUCATION, AND WELFARE
DEPARTMENT
See also Education Office; Food
and Drug Administration.
Notices
Information collection and data
acquisition activity, description;
in q u iry _________________ ______ 22402
HEARINGS AND APPEALS OFFICE,
INTERIOR DEPARTMENT
Applications, etc.:
Gallia Coal Co__________ 22420
Johnson Coal Co., Inc_________ 22420
Kentland Elkhorn Coal Corp___ 22420
Oakwood Red Ash Coal Corp.
(2 documents)_______ 22421, 22422
Petros Coal Corp______________ 22422
Pontiki Coal Corp_____________ 22422
Slab Fork Coal Co_______ 22423
V & R Coal Co., Inc___________ 22423
Winston Mining Co. (3 docu­
ments) ________________ 22424, 22425
Young’s Branch Coal Co. (2
documents)__________ 22425, 22426
HOUSING AND URBAN DEVELOPMENT
DEPARTMENT
Rules
Low-income housing:
Fair market rents and contract
rent automatic annual ad­
justment factors____________ 22363
Notices
Privacy Act; systems of records._ 22408
IMMIGRATION AND NATURALIZATION
SERVICE
Notices
Meetings :
Hispanic Advisory Committee_ 22428
INTERIOR DEPARTMENT
See also Hearings and Appeals
Office, Interior Department;
National Park Service.
Notices
Organization and functions:
Trans-Alaska Pipeline---------- 22426
INTERNATIONAL TRADE COMMISSION
Notices
Tariff Schedules; textile imports;
change from chief value to chief
weight method, domestic im ­
pact; hearings________ 22427
INTERSTATE COMMERCE COMMISSION
Rules
Credit extension to shippers by
rail and motor carriers________ 22369
Motor carriers:
Certificates and permits; inter­
mediate point authorization;
Panel recommendation not
adopted ____________________ 22369
Railroad car service orders; vari­
ous companies :
Chicago & North Western
Transportation Co__________ 22367
. Delaware & Hudson Railway Co.
et al_________________________ 22367
Illinois Central Gulf Railroad
Co — — _____ 22368
Missouri Pacific Railroad Co__ 22368
Notices
Abandonment of railroad services,
etc.:
Burlington Northern Inc_______ 22463
Chicago & North Western
Transportation Co------------- 22531
Oregon-Washington Railroad &
Navigation Co______ ________ 22463
Southern Pacific Transporta­
tion Co. (3 documents) _ 22463, 22464
Union Pacific Railroad Co. (2
docum ents)_________________ 22464
Hearing assignments____________ 22462
Motor carriers:
Transfer proceedings (2 docu­
ments) _____________________ 22464
JUSTICE DEPARTMENT
See also Immigration and Natural­
ization Service.
Notices
Meetings:
FB I Director, Selection Commit­
tee ...... .................. ............... 22428
LABOR DEPARTMENT
See also Employment and Train­
ing Administration; Occupa­
tional Safety and Health A d­
ministration; Pension and W el­
fare Benefit Programs Office.
Rules
Construction industry wages and
prices stabilization; rem oved.. 22364
Farm labor contractor registra­
tion; category exemptions_____ 22364
V

Notices
Adjustment assistance:
Alabama By-Products Corp___ 22430
Allan Shoe Manufacturing Co.,
I n c __________________________ 22431
American Felt Slipper Co______ 22431
Capitol Footwear Corp_________ 22432
Duchess Garter Corp__________ 22432
Flodar Corp___________________ 22433
Florsheim Shoe Co____________ 22434
Hanna Furnace Corp__________ 22434
Jo-Gal Shoe, Inc_______ ______ 22435
Kaiser Steel Corp______________ 22438
Maidenform In c_______________ 22435
Marathon Steel Co___________ 22436
Miss Sarah, Inc________________ 22436
Seinsheimer, H. A., Co________ 22434
Soule Steel Co_________________ 22437
Sweetree Mills, Inc____________ 22438
Weyenberg Shoe Manufacturing
Co___________________ 22438
Wilton Corp___________________ 22439
LAND MANAGEMENT BUREAU
Rules
Public land orders:
U t a h ___________________ 22365
MANAGEMENT AND BUDGET OFFICE
Notices
Clearance o f reports; list o f re­
quests ___________________ 22440
MATERIALS TRANSPORTATION
BUREAU
Rules
Radioactive materials, low-level;
air transportation of limited
quantities; exemption renewal- 22366
NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION
Notices
Marine mammal permit applica­
tions, etc.:
Alaska Department of Fish and
G a m e ______________________ 22392
Cohen, Marvin Morris______ ___ 22392
Fort Wayne Children's Zoologi­
cal Gardens_________________ 22392
Twentieth Century-Fox Ma­
rineland, In c________ 22393
Meetings:
Caribbean Fishery Management
Council, Scientific and Statis­
tical Committee and Advisory
Panel ______________________ 22389
Gulf of Mexico Fishery Man­
agement Council, Shallow
W ater Shrimp Advisory Panel,
et al_____ ___________________ 22390
vi FEDERAL REGISTER, VOL. 42 , NO. 85— TUESDAY, M AY 3. 1977
CONTENTS
South Atlantic Fishery Manage­
ment Council, Scientific and
Statistical Committee and
Advisory Panel— ___________ 22390
NATIONAL PARK SERVICE
Notices
Historic Places National Register;
additions, deletions, etc. (2 doc­
uments)________________ 22408, 22409
Meetings :
North Atlantic Committee_____ 22420
NATIONAL SCIENCE FOUNDATION
Notices
Meetings:
Science Education Projects Ad­
visory Panel, Ethics and
Values in Science and Tech­
nology Program Subpanel___ 22440
Very Large Array Ad Hoc Advi­
sory Panel___________________ 22440
Women in science programs,
prefect directors_____________ 22440
OCCUPATIONAL SAFETY AND HEALTH
ADMINISTRATION
Rules
Health and safety standards:
Benzene, exposure; emergency
temporary standard and
hearing _______ _____________ 22515
PATENT AND TRADEMARK OFFICE
Proposed Rules
Trademark cases:
F orm s_________________________ 22378
PENSION AND WELFARE BENEFIT
PROGRAMS OFFICE
Notices
Employee benefit plans: ‘
Multiemployer and multiple em­
ployer plan transactions;
pendency of proposed class
exem p tion __________________ 22428
RURAL ELECTRIFICATION
ADMINISTRATION
Notices
Loan guarantees proposed:
Sho-Me Power Corp__________ 22385
SCIENCE AND TECHNOLOGY POLICY
OFFICE
Notices
Meetings:
Intergovernmental Science, En­
gineering and Technology
Advisory Panel, Human R e­
sources Task Force_________ 22441
SECURITIES AND EXCHANGE
COMMISSION
Notices
Self-regulatory organizations;
proposed rule changes:
Midwest Stock Exchange, Inc__ 22458
New York Stock Exchange, Inc.
(2 documents)______ — 22442, 22446
Hearings, etc.:
American Brands Overseas,
N.V------------ 22456
American Tobacco Interna­
tional Corp__________________ 22457
Metropolitan L ife Insurance
Co. et al______ ______________ 22457
New England Securities Deposi­
tory Trust Co. (2 docu­
m ents)-------------------- 22458, 22459
Pacific Mutual Fund, Inc______ 22459
Sherwood Medical Industries
Inc — --------------------------- 22459
SOIL CONSERVATION SERVICE
Notices
Environmental statements on
watershed projects; avail­
ability, etc.:
Pohick Creek, V a______________ 22385
STATE DEPARTMENT
Notices
Airport, joint, proposed agree­
ment; Pinecreek, Minn, and
Piney, Manitoba, Canada______ 22441
Fishing permits, applications:
Japan and West Germany____ 22544
Korea, Republic o f____________ 22553
Union of Soviet Socialist Repub­
lics __________________________ 22546
Meetings:
Shipping Coordinating Commit­
tee, Prevention of Marine Pol­
lution U.S. National Commit­
tee --------------- 22441
TRANSPORTATION DEPARTMENT
Rules
Organization and functions:
Coast Guard Commandant and
Assistant Secretary for Ad­
ministration; wage schedules- 22366
TREASURY DEPARTMENT
Notices
Bonds, Treasury of 2002-2007___ 22461
Notes, Treasury:
A-1984 series__________________ 22460
 list of cfr ports affected In this Issue
The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today’s
issue. A cumulative list of parts affected, covering the current month to date, follows beginning with the second issue of the month.
A Cumulative List of CFR Sections Affected is published separately at the end of each month. The guide lists the parts and sections affected
by documents published since the revision date of each title.

5 CFR 10 CFR 37 CFR

213 (5 documents)---------- 22355,22356 P roposed R u l e s : P roposed R u l e s :
212_______________ 22374 4___........... ...... 22378
7 CFR
52____________________ 22356 12 CFR 40 CFR
271________________________________ 22356 226_________________________ 22360 180_________________ 22364
701________________________________ 22358 329____________________ 22362
910________ - _____________________ 22359 P roposed R u l e s :
1068_______ __________ :___________ 22360 P roposed R u l e s :
60______________ 22506
329......... 22378
9 CFR
43 CFR
78________________________ 15 CFR
22370
301_________________ 22373
50........... 22362 P u b l ic L and O rders :
307 ________________ 22373 5617____________ 22365
308 _____________________________ 22373 20 CFR
310........................... P roposed22373R ules: 45 CFR
318____________________ 22373
320____________ __________________ 22373 655_________________ 22378 1067..................... . 22365
325................................ 22373
21 CFR 46 CFR
327_____________________ _________ 22373
331.................................. 22373
561........... 22363 P roposed R u l e s :
350_______________________________ 22373
354 ________ ____________________ 22373 24 CFR 502_____________ 22383
355 _____________________________ 22373 888___..................................... 22363 49 CFR
362_______________________________ 22373.
381---------------------------------------- 22373 29 CFR 1________________ . . . . ______ 22366
390 ____________________________ 22373 172__________________ ______ 22366
391 ------------------------- _--------- 22373 9...... .........................._ _ _ .............22364 175__ _______ _______ ______ 22366
40__________ 22364 1033 (4 documents) _. 22367, 22368
P roposed R u l e s :
1910_______________________ 22516 1041________________ _____;_ 22369
1 ___________ _______________ 22374
2 __________ ________________ 22374 1320_______ _________ ______ 22369
3 ------- --------- ---------------- 22374 1322...... .......... ......... ......... 22369

FEDERAL REGISTER, VOL. 4 2 , NO. 85— TUESDAY, MAY 3, 1977 VÜ

 CUMULATIVE LIST OF PARTS AFFECTED DURING MAY

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 May.

1 CFR 13 CFR 37 CFR

Ch. I - ......... ....................... 22125 500-____________________________ 22135 P roposed R u l e s :
520........... ............: ........................22135 4_____________________________ 22378
5 CFR 551 _______________ 22135
213________________________ 22355, 22356 552 ___________________ 22136 39 CFR
553 ______________________________22137 P roposed R u l e s :
7 CFR 554 ______________________________22137
555— ...................... 22137 111 — — ...............................22176
52_______________________________ _ 22356
271_______________________________ 22356 560_________ 22137 40 CFR
701_______________________________ 22358 14 CFR 33_..............................................— 22144
910____ 22359 180—_____ ________________________ 22364
959_____________ _____ _______ ____22125 39____: ________ _______ : _________ 22137
71 (2documents)__________________ 22138 228__________ 4......................- ____ 22144
1068________________ 22360
1421______ 22126 91----------------------- 22139 P roposed R u l e s :
1430............. 22126 P roposed R u l e s : 51____________________________22177
39_.................. 22172 60________________________ ___ 22506
8 CFR 250________ -_________________ 22332
71 (2 documents)......... 22172, 22173
P roposed R u l e s :
15 CFR 41 CFR
103...... 22148
244_______ 22148 50------------------ 22362 15-3-_____________ ________ 1_____ 22145
299.................. ................ — _ 22149
17 CFR 43 CFR
9 CFR 231................................. ............... 22139 P ublic L and O rders:
78_________ 22370 239_______ _______ _____ * ............. . 22139 5617...............— ____________ 22365
301_____ 22373
307_______________________________ 22373 18 CFR 45 CFR
308-______________________________
310________________________ .______
22373
22373
woo..-................ ......................22146 Ulti
318—_____ 22373 20 CFR 1068........... ......................... ......... 22145
320_____________ 22373 P roposed R u l e s : P roposed R u l e s :
325____ 22373
327________ _________ 4—_________ 22373 655_________ 22378 166_________ 22336
331---------------------------------------- 22373 21 CFR 46 CFR
350__- _____ 22373 561____ 22363 148-.......... ............ __________ 22145
354------------ 22373
355— _______ 22373 23 CFR P roposed R u l e s :
362— ________ 22373 P roposed R u l e s :
50_____________ ___________22296
381— ............ 22373 640_________ 22173 54_____________ __________ 22296
390- ............ 22373 642_________ 22173 56_____ ______ _ __________ 22296
391— ..................— ......... ....... 22373 24 CFR 58_____________ __________ 22296
61_____________ __________ 22296
P roposed R u l e s : 888— — .................................. . 22363 107_____ ______ __________ 22296
1— ................ - ........ ............ 22374 25 CFR 108____________ _____ 99.9.QR
2_______ 22374 109____________ 9.9.9.QR
219 22141 502-.............. . - ________ 22383
3___________ 22374
26 CFR 47 CFR
10 CFR
301______________ 22143 P roposed R u l e s :
2______ _________ _____ - __________ 22128
212.................. 22131 73_____________ __________ 22183
27 CFR
P roposed R u l e s : 178______ _____ 22144 49 CFR
2___- ____ -________ ___________ 22168 181_______ .____„ 22144 1____________________ __________ 22366
170.... .................. ............ — 22149 172........ ......... __________ 22366
29 CFR
212__________ ,........................ 22374 175— .......... .......... __________ 22366
9______ __________ 22364 1033________________ 22367, 22368
12 CFR 40_______________ 22364 1041________________ 5!5!3fi9
1910_____________ 22516
226-.................. 22360 1320________ _______ __________ 22369
329_______________________________ 22362 31 CFR 1322______________________________ 22369
P roposed R u l e s : P roposed R u l e s : P roposed R u l e s :
329________ ____ - _____________ 22378 215— _______ 22174 Ch. I I ....................... ............. 22184

FEDERAL REGISTER PAGES AND DATES— MAY

Pages Date
22125-22354_________ __________ May 2
22355-22556-___________________ 3

viii FEDERAL REGISTER, VOL. 4 2 , NO. 85— TUESDAY, MAY 3 , 1977


rules and regulations
This section of the FED ERAL 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 FED ERAL
REGISTER issue of each month.
Title 5— Administrative Personnel
CHAPTER I— CIVIL SERVICE COMMISSION
PART 213— EXCEPTED SERVICE
Department of Housing and Urban
Development
AGENCY: Civil Service Commission.
AC TIO N : Final rule.
SUM MARY: This amendment changes
the headnote, Community Development
Corporation, to New Community Devel­
opment Corporation to reflect a recent
organization redesignation. Also, this
amendment changes the title of an exist­
ing Schedule C position from Confiden­
tial Secretary to the Administrator, New
Communities Administration, to Admin­
istrative Aide to the General Manager,
New Community Development ^Corpora­
tion, to reflect this same organizational
redesignation and to more accurately
describe the duties of the position. F i­
nally, this amendment excepts from the
competitive service under Schedule C one
position of Executive Assistant to the
General Manager, New Community De­
velopment Corporation, because the posi­
tion is confidential in nature.
EFFECTIVE DATE: May 3,1977
FOR FU RTHER IN FO RM ATIO N CON­
TACT:
William Bohling, 202-632-4533.
Accordingly, 5 CFR 213 is amended
by (1) amending the headnote of § 213.-
3384(j); (2) adding § 213.3384(j ) (4)
and C5); and (3) revoking § 213.3384(k)
(1) as set out below:
§ 213.3384 Department o f Housing and
U rban Development.
# * * * *
(j) New Community Development
Corporation. * * *
(4) One Administrative Aide to the
General Manager.
(5) One Executive Assistant to the
General Manager. , (11) One Personal Assistant and one
(k) Office of the New Communities
Administration.
( l ) [Revoked]
(5 U.S.C. 3301, 3302; E.O. 10577, 3 CFR, 1954-
1958 Comp., p. 218.)
U nited S tates C ivil S erv­
ice C om m ission ,
James C. Sp r y ,
Executive Assistant
to the Commissioners.
|FR Doc.77-12640 Filed 5-2-77;8:45 am]
FEDERAL REGISTER, VOL. 4 2 , NO. 85— TUESDAY, M AY 3 , 1977
' 1 -•
PART 213— EXCEPTED SERVICE
AGENCY: Civil Service Commission.
ACTIO N: Final rule.
SUM M ARY: This addition excepts from
the competitive service under Schedule C
one position of Private Secretary to the
Counselor to the Secretary because of
the confidential nature of the position.
EFFECTIVE DATE: May 3, 1977.
FO R FURTHER IN FO RM ATIO N CON­
TA C T :
William Bohling, 202-632-4533.
Accordingly, 5 CFR 213.3384(a) (64) is
added as set out below.
§ 213.3384 Department o f Housing and
U rban Development.
(a ) Office of the Secretary. * * *
(64) One Private Secretary to the
Counselor to the Secretary.
(5 U.S.C. 3301, 3302; E.O. 10577,3 CFR 1954-
1958 Comp., p. 218.)
U n it e d S ta te s C i v i l S erv ­
ic e C o m m is s io n ,
J am e s C. S p r y ,
Executive Assistant
to the Commissioners.
[F R Doc.77-12650 Filed 5-2-77;8:45 am]
PART 213— EXCEPTED SERVICE
Department of Labor
AGENCY: Civil Service Commission.
A C T IO N : Final rule.
SUM M ARY: This addition excepts from
the competitive service under Schedule C
the following positions in the Employ­
ment and Training Administration be­
cause they are confidential in nature:
(1) Special Assistant to the Administra-
tor/Deputy Assistant Secretary for Em­
ployment and Training; (2) Private
Secretary to the Administrator/Deputy
Assistant Secretary for Employment and
Training; and (3) Confidential Staff As­
sistant to the Assistant Secretary
for Employment and Training.
EFFECTIVE DATE: May 3, 1977.
FOR FU RTH ER IN FO RM ATIO N CON­
TA C T:
William Bohling, 202-632-4533.
Accordingly, 5 CFR 213.3315(a) (52) ,
(53) and (54) are added as set out below:
8É
22355
§ 213.3315 Department o f Labor.
(a ) Office of the Secretary. * * *
(52) One Special Assistant to the E TA
Administrator/Deputy Assistant Secre­
tary for Employment and Training.
(53) One Private Secretary to the E TA
Administrator/Deputy Assistant Secre­
tary for Employment and Training.
(54) One Confidential Staff Assistant
to the Assistant Secretary fo r Employ­
ment and Training.
(5 U.S.C. 3301, 3302; E.O. 10577, 3 CFR, 1954-
1958 Comp., p. 218.)
U n it e d S ta te s C i v i l S e rv ­
ic e C o m m is s io n ,
J am e s C. S p r y ,
Executive Assistant
to the Commissioners.
[F R Doc.77-12652 FUed 5-2-77;8:45 am]
PART 213— EXCEPTED SERVICE
Department of State
AGENCY: Civil Service Commission.
A CTIO N: Final rule.
SUM M ARY: This amendment excepts
from the competitive service under
Schedule C one position of Special As­
sistant to the Under Secretary for Co­
ordinating Security Assistance Programs
because the position is confidential in
nature.
EFFECTIVE D ATE: May 3, 1977
FO R FU RTH ER IN FO RM ATIO N CON­
TA C T:
W illiam Bohling, 202-632-4533.
Accordingly, 5 CFR 213.3304(a) (11) is
amended to read as follows:
§ 213.3304 Department o f State.
(a) Office of the Secretary. * * *
Special Assistant to the Under Secretary
for Coordinating Security Assistance
Programs.
(5 U.S.C. 3301, 3302; E.O. 10577, 3 CFR, 1954-
1958 Comp., p. 218.)
U n it e d S ta te s C i v i l S e rv ­
ic e C o m m is s io n ,
J am e s C. S p r y ,
Executive Assistant
to the Commissioners.
[F R Doc.77-12653 Filed 5-2-77;8:45 am]
 22356 RULES AND REGULATIONS

PART 213— EXCEPTED SERVICE
U.S. International Trade Commission
AGENCY : Civil Service Commission.
A CTIO N: Final rule.
SUM M ARY: Part 213 is amended to
show that one position of Congressional
Liaison to the Commissioners is excepted
under Schedule C because the position
is confidential in nature.
EFFECTIVE DATE: May 3, 1977.
integrally incorporated into the product Reprints o f the U.S. Department of
description of U.S. Department of Agri­ Agriculture grade standards will not ref­
culture grade standards, were recodified erence the new Food and Drug section
effective March 15, 1977 (42 FR 14302). numbers until such time as the individ­
As a result, it is necessary to amend the ual grade standards are revised or re­
affected United States Department of printed.
Agriculture grade standards to properly In consideration of the foregoing, Part
incorporate the Food and Drug Defini­ 52 of Chapter I of Title 7 of the Code of
tions and Standards of Identity cita­ Federal Regulations is amended as fol­
tions. lows:
U.S. standards for grades of— References Changed to
* to 21 CFR— 21 CFR—

FOR FU RTHER IN FO RM ATIO N CON­ Sec. 52.___ :

TA C T : 331___________ ____ ___ Canned applesauce........................... . .......... . 27.80 145.110(a)
441(a).._______________ Canned green beans and canned wax beans.. 51.10 155.120(a)
W illiam Bohling, 202-632-4533. 441(b)................... .................- ....... .......................... - ................ 51.15 155.120(a)
471.............................Cannedlima beans.... .............................. 51.990 155.200
521................ .............Canned beets....... ....... — 51.990 155.200
Accordingly, 5 CFR 213.3339(h) is 551______ _____________ Canned blackberries...______________ ..... 27.35 145.120
added to read as follows: 581.. ________________________Canned blueberries__ :_________ 27.35 145.120
671________ —______ . . . Canned carrots_____________________________ 51.990 155.200
§ 213.3339 U.S. International Trade 771__________________ Canned red tart pitted cherries...................... 27.30 145.125(a)
Commission. 821____________________ Canned sweet cherries______________________ 27.30 145.125(a)
851_______ _____ . . . ____ Canned cream style com ............... ........... . 51.20 155.130(a)
• * * * • 881____________________ Canned whole kernel com____ _____ •______ 51.20 155.130(a)
1051.......... ............... Canned fruit cocktail...... ............... ........... . 27.40 145.135(a)
1081...................... ..... Fruit jelly.................................................... 29.2 150.140
(h ) One Congressional Liaison to the 1111___________________ Fruit preserves (or jams)_________ __________ 29.3 150.160
Commissioners. 1141....... ................... Canned grapefruit..................... ............ ...... 27.90 145.145(a)
1481___________'_______ Canned mushrooms___________ _____________ 51.990 155.201
(5 U.S.C. 3301, 3302; E.O. 10577, 3 CFR, 1954- 1551............................ Canned orange juice.......... .......................... 27.108 146.141
1958 Comp., p. 218.) 1581........................... Frozen concentrated orange juice................ 27.109 146.146
1611............. ..............Canned pears............................................... 27.20 145.175(a)
U nited S tates C iv il S erv­ 1641(a).............. ........ Canned field peas............................. ........... 51.990 155.200
1641(b)_______ _______ Canned black-eye peas................................ - 51.990 155.200
ice C om m ission , 1711............................ Canned pineapple... .......................... ........ . 27.50 145.180(a)
James C. S pry , 1761............................ Canned pineapple juice.................. .............. 27.54 146.185(a)
Executive Assistant 1781________ :____ . . . . . Canned plums________________ ____ - ........ . 27.45 145.185(a)
1811__________________ Canned white potatoes_____ _________________ 51.990(c)(3) 155.200
to the Commissioners. 1901_______________ —. Canned spinach........................................ 51.990 155.200
2041__________________ Canned sweetpotatoes. . . _____________ _____ _ 51.990 155.200
[F R Doc.77-12651 Filed 5-2-77;8:45 am] 2101__________________ Tomato catsup........................................— 53.10 155.194
2221.... .......................Concentrated orange juice for manufacturing. 27.114 146.153
27.115 146.154
Title 7— Agriculture 2251......... ......... ...... Canned concentrated orange juice.................. 27.110 146.150
2281_________ . . . . . . . . . Canned peas____________________ .... _______ .. 51.1 155.170(a)
CHAPTER I— AGRICULTURAL MARKET­ 2541.. . . . . . . .... Canned asparagus....................................... 51.990 155.200
ING SERVICE (STANDARDS, INSPEC­ 2561(a)...... ........... . Canned Clingstone peaches................ ....... 27.2 145.170(a)
TION, MARKETING PRACTICES), DE­ 27.6 145.171
2601............................ Canned Freestone peaches...........'.............. 27.2 145.170(a)
PARTMENT OF AGRICULTURE 27.6 145.171
2641(a)........................ Canned apricots........................................ 27.10 145.115(a)
PART 52— PROCESSED FRUITS AND 27.14 145.116
VEGETABLES, PROCESSED PRODUCTS 2681(a)........................ Canned pimientos......................................... 51.990 155.200
THEREOF, AND CERTAIN OTHER PROC­ 2801.....................—— Apple butter.......... ................................ ... 29.1 155.110
2821............................ Canned figs..................... ........................... . 27.70 145.130
ESSED FOOD PRODUCTS 27.73 145.131
3061.................... i ___ Peanut butter........................................- — 46.1 164.150
Subpart— United States Standards for 3311............................ Canned raspberries..................................... . 27.35 145.120
Grades of Various Canned dr Frozen 3331__________________ Canned okra............... •-------- ------ -------------- 51.990 155.200
Fruits and Vegetables 3621.................... ..... Canned tomato juice................. .................. . 53.1 156.145
4021................ ..... . . . . Canned grapes............................................ 27.25 145.140
AGENCY : Food Safety and Quality 5041............................Tomato p a s te ...:........................................ 53.30 155.191
5081............................Canned tomato puree.............................. .... 53.20 155.192
Service, Agriculture. 5161............................Canned tomatoes....................... ........ ......... 53.40 155.190(a)
5201.... ................. . Concentrated tomato juice........................... 53.20 155.192
ACTION : Final rule. 5601............................ Canned dried prunes..................................... 27.15 145.190
5641.......... .................Pasteurized orange juice................................ 27.107 146.140
SUM M ARY : The product description of 5681............................Orange juice from Concentrate.......... ............. 27.111 146.145
6241............................ Canned solid-pack apricots........................... 27.10 145.115(a)
various grade standards for certain proc­
essed fruits and vegetables are being CHAPTER II— FOOD AND NUTRITION
Notice o f proposed rulemaking, public
changed to reflect new section numbers procedure thereon, and the postponement SERVICE, DEPARTMENT OF AGRICUL­
for Food and Drug Definitions and o f the effective time of this action later TURE
Standards of Identity. The section num­ than May 1, 1977, (5 U.S.C. 553) are im­ [FSP No. 1977-1.2, Amdt. No. 105]
bers were changed when the Food and practicable, unnecessary, and contrary
to the public interest in that (1) no sub­ PART 271— PARTICIPATION OF STATE
Drug Definitions and Standards of AGENCIES AND ELIGIBLE HOUSEHOLDS
stantive rule or change of rule is in­
Identity were recently recodified. Food Stamp Program; Maximum Monthly
volved, (2) recodification in the Code of
EFFECTIVE DATE: May 1, 1977. Federal Regulations is an editorial Allowable Income Standards and Basis
change only, and (3) additional time is of Coupon Issuance
FOR FURTHER IN FO RM ATIO N CON­
TACT: not required by the users of the grade A ppendix A — 48 S tates and D istrict of
standards to comply with any portion of C olumbia
Dale C. Dunham, Processed Products these amendments.
Standardization and Inspection AGENCY: Food and Nutrition Service,
(Agricultural Marketing Act of 1946, secs.
203, 205, 60 Stat. 1087, as amended, 1090, as
USDA.
Branch, Fruit and Vegetable Division,
Food Safety and Quality Service, U.S. amended (7 U.S.C. 1622, 1624).) ACTIO N: Final rule.
Department of Agriculture, Washing­ Dated to become effective May 1, 1977. SUM M ARY : This amendment revises the
ton, D.C. 20250, 202-447-4694. Dated: April 26,1977. maximum allowable income standards
and basis of coupon issuance for the 48
SUPPLEM ENTARY IN FO RM ATIO N: W illiam T. M an ley , States and the District of Columbia ap­
The Food and Drug Definitions and Acting Deputy Admin­ pearing in Appendix A to Part 271 which
Standards o f Identity fo r various proc­ istrator, Commodity Operations. were effective January 1, 1977. Semi-an­
essed fruits and vegetables, which are (F R Doc.77-12470 Filed 5-2-77;8:45 ami nual adjustments in the coupon allot-
FEDERAL REGISTER, VOL. 42 , NO. 85— TUESDAY, MAY 3, 1977
 RULES AND REGULATIONS 22357

ments, to reflect food price changes pub­
lished by the Bureau of Labor Statistics,
are required by the Pood Stamp Act.
These adjustments will continue to pro­
vide households with coupon allotments
sufficient to purchase nutritionally ade­
quate diets.
EFFECT IVE DATE: July 1,1977.
FOR FU RTH ER IN FO R M ATIO N CON­
TA C T : Grant Tolley, Chief, Program
Development Branch, Food Stamp D i­
vision, Food and Nutrition Service,
U.S. Department of Agriculture, Wash­
ington, D.C. 20250 (447-8325).
SUPPLEM ENTARY IN FO RM ATIO N :
A ppendix A— 48 States and D istrict op
C o l u m b ia
[PSP No. 1977-1.2, Amdt. No. 105]
Section 7 (a) o f the Food Stamp Act, as
amended, requires that the value o f the
coupon allotment be adjusted semi-annually
by the nearest increment that is a m ultiple
o f tw o to reflect changes in the prices of
food published by the Bureau o f Labor Sta­
tistics. Under this provision, an adjustment
based on the cost o f the T h rifty Pood Plan
in February 1977 has been made in the cou­
pon allotment fo r all except the one-person
household. The cost o f food did not Increase
enough for a change in the coupon allot­
m ent fo r the one-person household, since
Section 7 (a) specifies that no such adjust­
ment shall be made unless the increase in the
coupon allotment is a minimum o f $2.00.
Prior to the amendment to the Act re­
quiring semi-annual adjustment o f the value
o f the coupon allotment, the adjustments
were made at the beginning o f each fiscal
year; i.e., in July based on thé cost o f the
food plan in the preceding December. W ith
the en actm ent'of the semi-annual adjust­
ment, the law specified that the first adjust­
ment be made in January 1974 to reflect
changes in food prices through August 1973.
Similar procedures have been used for sub­
sequent semi-annual adjustments; i.e., the
July adjustment based on the cost o f the
food plan in the preceding February and the
January adjustment based on the cost o f
the food plan in the preceding August, as
required by the Act. The income standards
and coupon allotments to become effective
on July 1, 1977 are based on the cost o f the
T h rifty Food Plan in February 1977.
Households in which all members are in ­
cluded in the Federally-aided public assist­
ance grant, general assistance grant, or
supplemental security income benefit shall
be determined to be eligible to participate
in the program while receiving such grants
without regard to the income and resources
o f the household members.
The maximum allowable income standards
for determining eligibility o f all other ap­
plicant households, including those in which
some members are recipients o f Federally-
aided public assistance, general assistance,
or supplemental security income benefit, in
any State (other than Alaska, Hawaii, Puerto
Rico, Guam, or the Virgin Islands) or in the
District o f Columbia shall be as follows:
Maximum
allowable
m onthly
incom e
standards—
48 States
and D istrict
Household size: o f Columbia
O n e ______ ______________________ _ 1$245
- Two ____________________________ 1322
Three __________________________ 447
Four .......... 567
Five __________ 673
S i x ________________ 807
Seven _______ 893
E ig h t ______________________ 1,020
Each additional m em b er______ _ +127
11976 USDA Poverty Guideline. “ Income”
as the term is used in the notice is as defined
in paragraph (c ) o f § 271.3 of the Food Stamp
Program Regulations.
Pursuant to sections 7 (a ) and (b ) o f the
Food Stamp Act, as amended, (7 U.S.C. 2016,
Pub. L. 91-671), the face value o f the m onth­
ly coupon allotment which State agencies
are authorized to issue to any household
certified as eligible to. participate in the
Program and the amount charged for the
m onthly coupon allotment in the 48 States
and the District o f Columbia shall be:

Monthly coupon allotments and purchase requirements—48 States and District of

Columbia

For a household of—

1 person 2 persons 3 persons 4 persons 5 persons 6 persons 7 persons 8 persons

Monthly net ----------------------------------------------------------------------------- ------------- -------------------------------------
income The monthly coupon allotment is—
$60 $94 $134 $170 $202 $242 $268 $306

And the monthly purchase requirement is—

0 to $19.99............ 0 0 0 0 0 0 0 0
$20 to $29.99.......... 1 1 0 0 0 0 0 0
$30 to $39.99.......... 4 4 4 4 5 5 5 5
$40 to $49.99.......... 6 7 7 7 8 8 8 8
$60 to $59.99.......... 8 10 10 10 11 11 12 12
$60 to $69.99........... 10 12 13 13 14 14 15 16
$70 to $79.99.......... 12 15 16 16 17 17 18 19
$80 to $89.99.......... 14 18 19 19 20 21 21 22
$90 to $99.99.......... 16 21 21 22 23 24 25 26
$100 to $109.99....... 18 23 24 25 26 27 28 29
$110 to $119.99....... 21 26 27 28 29 31 32 33
$120 to $129.99....... 24 29 30 31 33 34 35 36
$130to $139.99-.!.. 27 32 33 34 36 37 38 39
$140 to $149.99....... 30 35 36 37 39 40 41 42
$150 to $169.99....... 33 38 40 42 43 44 45
• 41 49 50 51
$170 to $189.99....... 38 44 46 * 47 48
$190 to $209.99.___ 38 50 52 53 54 55 56 57
$210 to $229.99....... 40 56 58 59 60 til 62 63
$230 to $249.99....... 40 62 64 65 66 67 68 69
$250 to $269.99.......... 68 70 71 72 73 74 75
$270 to $289.99.......... 74 76 77 78 79 80 81
$290 to $309.99.......... 74 82 83 84 85 86 87
$310 to $329.99.......... 74 88 89 90 91 92 93
$330 to $359.99.......... 94 95 96 97 98 99
$360 to $389.99.......... 103 104 105 106 107 108

FEDERAL REGISTER, VOL. 4 2 , NO. 85— TUESDAY, M AY 3 , 1977

 22358 RULES AND REGULATIONS

drought. Accordingly, it is hereby found

and determined that compliance with
1 person 2 persons 3 persons 4 persons 5 persons 6 persons 7 persons 8 persons notice, public procedure, and 30-day ef­
Monthly net fective date provisions of 5 U.S.C. 553
income The monthly coupon allotment is—
is impracticable and contrary to the pub­
$50 $94 $134 $170 $202 $242 $268 $306 lic interest. The impact of the drought
And the monthly purchase requirement is— which began in the early 1970’s, and has
continued without significant relief into
$390 to $419.99........................................... 112 113 114 115 116 117 1977, is causing widespread damage to
$420 to $449.99.......................... ................ 116 122 123 124 125 126 soil resources through wind erosion in
$450 to $479.99 131 132 133 134 135 many central and western States. A g­
$480 to $509.99 140 141 142 143 144
$510 to $539.99 fâ• 146 150 151 152 153 ricultural water supplies are at record
$540 to $509.99i 146 159 160 161 162 lows in many areas. Certain measures
$570 to $599.991 _ 168 169 170 171
$600 to $629.99 174 178 179 180 can be undertaken by farmers to allevi­
$630 to $659.99 174 187 188 189 ate wind erosion damage and to extend
$660 to $689.99 174 196 197 198
$690 to $719.99 205 " 206 207 limited agricultural water supplies. Also,
$720 to $749.99 210 215 216 practices can be carried out by eligible
$750 to $779.99 210 224 225 agricultural producers to repair and re­
$780 to $809.99 210 232 234
$810 to $839.99 232 243 store their land where it has been dam­
$840 to $869.99 232 252 aged by flood during the program period.
$870 to $899.99 232 261
$900 to $929.99 266 This program is designed to have im­
$930 to $959.99 266 mediate impact on these problems by
$960 to $989.99 266 providing financial assistance to install
$990 to $1,019.99- 266
$1,020 to $1,049.99 266 practices which will decrease loss o f soil
from wind erosion, extend available wa­
For issuance to households o f more than CHAPTER VII— AGRICULTURAL STABILI­ ter supplies and for other drought and
eight persons use the following formula: ZATION AND CONSERVATION SERVICE flood related measures. As an incentive
A. Value o f the Total Allotm ent. For each (AGRICULTURAL ADJUSTMENT), DE­ to stimulate immediate action by farm­
person in excess of eight, add $38 to the PARTMENT OF AGRICULTURE ers, up to 80% of the cost of the practices
monthly coupon allotment for an eight-per­ will be paid for as a grant to eligible pro­
son household. PART 701— NATIONAL RURAL ENVIRON­ ducers. Eligibility will be confined to ag­
B. Purchase Requirement. 1. Use the pur­ MENTAL PROGRAMS FOR 1975 AND ricultural producers in those areas desig­
chase requirement shown fo r the eight-per­ SUBSEQUENT YEARS
son household for households with incomes nated by the President or Secretary of
of $899.99 or less per month. Drought and Flood Conservation Program Agriculture for drought or flood disaster
2. For households with m onthly Incomes AGENCY: Agricultural Stabilization relief. The program is available only
o f $900 or more, use the following formula: through September 30,1977.
For each $30 worth o f monthly income (or
and Conservation Service, USDA.
Accordingly, 7 CFR Part 701 is
portion thereof) over $899.99, add $9 to the A C T IO N : Final rule. amended by adding to the table of con­
m onthly purchase requirement for an eight-
person household with an income o f $899.99. SUM M ARY: The purpose of this rule is tents and the text the following subpart :
3. To obtain maximum m onthly purchase to implement a special emergency agri­ Subpart— Drought and Flood Conservation
requirements for households o f more than cultural conservation program in desig­ Program
eight persons, add $34 for each person over nated drought and flood damaged areas Sec.
eight to the maximum purchase requirement 701.85 Program objective.
in the United States. The program as­ 701.88 Distribution o f funds.
shown for an eight-person household. sistance consists of sharing costs with
The total monthly coupon allotments for 701.87 Eligible land and person.
eligible land owners of practices designed 701.88 Selection o f Practices.
some households are not dlvisable by four.
This results in total coupon allotments o f
to alleviate the effects of drought or flood 701.89 Eligible practices.
uneven dollar amounts for those households on agricultural resources. Up to 80% of 701.90 Rates of cost-sharing.
which choose to purchase one-fourth or 701.91 Starting of practices.
the costs o f installing applicable prac­ 701.92 Method of approval.
three-fourths o f their coupon allotment. For
such households, the State agency shall tices will be paid to eligible farmers and 701.93 Maximum cost-share limitation.
round the face value of one-fourth or three- ranchers based on determinations made 701.94 Completion of Practices.
fourths o f the total coupon allotment up to 701.95 Tim e o f filing payment application.
the next higher whole dollar amount and
by State and county ASC committees 701.96 Other program provisions.
shall not change the purchase requirement and where applicable, on technical de­ Subpart— Drought and Flood Conservation
for such allotment. terminations by the Soil Conservation Program
N ote.— The Food and Nutrition Service has Service. This assistance is offered as a
determined that this document contains a § 701.85 Program objective.
major proposal requiring preparation o f an part of an overall drought emergency
The objective o f the Drought and Flood
Economic Impact Statement under Executive program in response to the serious e f­ Conservation Program is to rebuild or re­
Order 11821 and OMB Circular A-107 and fects o f drought on widespread areas store the productive capacity o f soil, re­
certifies that an Economic Impact Statement
has been prepared. primarily in the central and western pair flood-damaged farmland, conserve
States and to damage to farmland from agricultural soil and water, and prevent
In view o f the need for placing this notice other environmental problems resulting
into effect on July 1, 1977, and the lead-time floods. from flood, wind erosion, and other ex­
needed by State agencies for implementa­ EFFECTIVE DATE: May 3, 1977. tended drought problems in areas desig­
tion, it is hereby determined that it is im ­ nated by the President or the Secretary.
practicable and contrary to the public in­
FO R FURTHER IN FO RM ATIO N CON­
TA C T: §701.86 Distribution o f funds.
terest to give notice o f proposed rulemaking
with respect to this notice. Robert J. Mondloch (ASCS) (202) 447- Funds available for practices to be per­
formed under the program will be dis­
(Catalog o f Federal Domestic Assistance Pro­ 6221.
grams, No. 10.551, Food Stamps.) tributed among States and counties on
SUPPLEM ENTARY IN FO RM ATIO N: the basis of need to alleviate the impact
Dated: A pril 26, 1977. I t is essential that these provisions be o f the drought or flood.
C arol T ucker F oreman , effective as soon as possible since it is im­ § 701.87 Eligible land and person.
Assistant Secretary. perative that farmers take immediate ac­ Eligibility o f land and person is the
[F R Doc.77-12402 Filed 5-2-77:8:45 amj tion to alleviate the effects o f the same as for the Agricultural Conserva-

FEDERAL REGISTER, VOL. 4 2 , NO. 85— TUESDAY, MAY 3 , 1977


tion Program as provided in § 701.7 and
§701.8/
§ 701.88 Selection o f Practices.
The practices to be included in the
county program shall be only those prac­
tices for which cost-sharing is essential
to permit accomplishment o f the pro­
gram objective as stated in § 701.85.
§ 701.89 Eligible practice categories.
Emergency practice categories for
which cost-sharing may be authorized
are the following:
(a) Establishing Vegetative Cover.
(b) Emergency Wind Erosion Control
Measures.
(c) Emergency Modification o f Irri­
gation Systems for Conservation of
Water.
(d) Developing Emergency Sources of
Irrigation Water.
(e) Fire Breaks and Other Pre-Fire
Suppression Measures.
(f) Developing Livestock W ater to
Prevent Erosion Due to Overgrazing.
(g) Stabilizing Drought or Flood
Damaged Resources.
(h) Maintaining Stands o f Permanent
Herbacious or Woody Vegetation.
(i) Emergency Soil Moisture Conser­
vation.
(j ) Restoring Drought or Flood Dam­
aged Conservation Measures.
(k) Other Special Practices as Recom­
mended by the County Committee and
Concurred in by the State Committee.
§ 701.90 Rates o f cost-sharing.
(a) Levels o f cost-sharing shall not be
in excess of 80 percent of the average
cost for all practices in the program as
recommended by the county committee
and approved by the State committee.
(See § 701.19 for special provisions for
low-income farmers.)
(b) For the purpose o f establishing
rates of cost-sharing, the average cost of
performing a practice may be the aver­
age cost for a State, a county, or a part
of a county, as determined by the State
committee.
§ 701.91 Starting o f practices.
Cost will not be shared for practices,
or components of practices, which are
started before a request is made to the
county committee.
§ 701.92 Method o f approval.
The county committee will determine
the extent to which Federal funds will
be made available to share the cost of
each approved practice, taking into con­
sideration the county allocation, the con­
servation and environmental problems
created by drought or flood in the county
and of the land involved, and the prac­
tices for which requested cost-sharing is
considered by the county committee as
most needed. The method approved shall
provide for the issuance of notices of ap­
proval showing for each approved prac­
tice the number of units of the practice
FEDERAL REGISTER, VOL. 4 2 , NO. 85— TUESDAY, MAY 3 , 19 77
RULES AND REGULATIONS
for which the Federal Government will
share in the cost and the amount of the
cost-share for the performance of that
number o f units o f the practice. To the
extent practicable, notices of approved
practices shall be issued before perform­
ance of the practice is started. No prac­
tice may be approved for cost-sharing
except as authorized by the county pro­
gram, or in accordance with procedures
incorporated therein. Available funds for
cost-sharing shall not be allocated on a
pro-rata basis.
§ 701.93 M axim um cost-share
tion.
For each program year the total of all
cost-shares to any person with respect
to farms and ranches (§ 701.2(b)) in the
United States, Puerto Rico, and the Vir­
gin Islands fo r approved practices, which
are not carried out under pooling agree­
ments shall not exceed the sum of $2,500,
and those carried out under pooling
agreements shall not exceed the sum of
$10,000, except that the total of cost-
shares paid to any person under the
Drought and Flood Conservation Pro­
gram and the Agricultural Conservation
Program shall not exceed the sum of
$10,000. (Also see § 701.73.)
§ 701.94 Completion o f practices.
Cost-sharing for the practices con­
tained in this part is conditioned upon
the performance of the practice in ac­
cordance with applicable specifications
and program provisions. Approval for
cost-sharing must be issued by Septem­
ber 30, 1977, with completion of all com-'
ponents o f the practice by November 30,
1977, except that the county committee
may extend the completion date if com­
pletion is delayed for reasons beyond the
control of the farmer.
§ 701.95 Tim e o f filing payment appli­
cation. '
Payment of cost-shares will be made
only upon application submitted on the
prescribed form to the county office by a
date established by the county commit­
tee. Any application for payment may
be rejected if any information required
of the applicant is not submitted to the
county office within the applicable time
limit.
§ 701.96 Other program provisions.
Other provisions as contained in
§§701.2 (b ), (e ), (g ), 701.17, 701.18,
701.19, 701.22 and 701.24 and in the Sub­
part, General Provisions, shall apply to
the Drought and Flood Conservation
Program.
Signed at Washington, D.C., on April
28, 1977.
V ic t o r A . S e n e c h a l ,
Acting Administrator, Agricul­
tural Stabilization and Con­
servation Service.
[F R Doc.77-12716 Filed 5-2-77;8:45 amj
22359
CHAPTER IX— AGRICULTURAL MARKET­
ING SERVICE (MARKETING AGREE­
MENTS AND ORDERS; FRUITS, VEGE­
TABLES, NUTS), DEPARTMENT OF
AGRICULTURE
[Lemon Regulation 89; Amdt. 1]
PART 910— LEMONS GROWN IN
CALIFORNIA AND ARIZONA
Limitation of Handling
AGENCY : Agricultural Marketing Serv­
ice, USDA.
ACTIO N : Amendment to Final Rule.
limita­
SUM M ARY: This amendment increases
the quantity o f Califoraia-Arizona
lemons that may be shipped to fresh
market during the weekly regulation
period April 24-30,1977. The amendment
recognizes that demand fo r lemons has
improved, since the regulation was is­
sued. This action will increase the sup­
ply of lemons available to consumers.
DATES: Weekly regulation period April
24-30, 1977.
FO R FU RTH ER IN FO R M ATIO N CON­
TA C T :
Charles R. Brader, Deputy Director,
Fruit and Vegetable Division, Agricul­
tural Marketing Service, U.S. Depart­
ment o f Agriculture, Washington, D.C.
20250, 202-447-3545.
SUPPLEM ENTARY IN FO RM ATIO N :
(a ) Findings. (1) Pursuant to the
amended marketing agreement and
Order No. 910, as amended (7 CFR Part
910) , regulating the handling of lemons
grown in California and Arizona, effec­
tive under the Agricultural Marketing
Agreement Act of 1937, as amended (7
U.S.C. 601-674), and upon the basis of
recommendations and information sub­
mitted by the Lemon Administrative
Committee, established under the mar­
keting agreement and order, and other
available information, it is found that
the limitation of handling of lemons, as
provided in this amendment will tend to
effectuate the declared policy of the act.
(2) Demand in the lemon markets has
improved since the regulation was issued.
Amendment of the regulation is neces­
sary to permit lemon handlers to ship a
larger quantity of lemons to market to
supply the increased demand. The
amendment will increase the quantity
permitted to be shipped by 20,000 car­
tons, in the interest of producers and
consumers.
(3) It is further found that it is im­
practicable and is contrary to the public
interest to give preliminary notice, en­
gage in public rulemaking procedure, and
postpone the effective date of this
amendment until 30 days after publica­
tion in the F ederal R egister (5 U.S.C.
553), because the time intervening be­
tween the date when information upon
which this amendment is based became
available and the time when this amend­
ment must become effective in order to
 22360
effectuate the declared policy of the act
is insufficient, and this amendment re­
lieves restrictions on the handling of
lemons.
(b) Order, as amended. Paragraph (b)
(1) of § 910.389 Lemon Regulation 89
(42 F R 20811) is amended to read as
follows: “ The quantity of lemons grown
in California and Arizona which may be
handled during the period April 24,1977,
through April 30, 1977, is established at
270,000 cartons.”
(Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C.
601-674.)
Dated: April 27,1977.
C h a r le s R . B rader ,
Deputy Director, F ruit and
Vegetable Division, Agricul­
tural Marketing Service.
[F R Doc.77-12601 Filed 5-2-77;8:45 am]
CHAPTER X— AGRICULTURAL MARKETING
SERVICE (MARKETING AGREEMENTS
AND ORDERS; MILK), DEPARTMENT OF
AGRICULTURE
PART 1068— MILK IN THE UPPER
MIDWEST MARKETING AREA
Suspension of Provision of the Order
AGENCY : Agricultural Marketing Serv­
ice, USDA.
AC TIO N : Suspension o f rules.
SUM M ARY: This action suspends a re­
quirement under the Upper Midwest
milk marketing order that handlers make
a partial payment for milk received from
producers by the 25th day of the mqnth.
The suspension, which was requested by
handlers, will permit handlers to make
such payments about 8 days later so that
their partial payments and final pay­
ments for milk will be spaced about 15
days apart. The suspension applies for
the period of May through October 1977.
FOR FU RTHER IN FO RM ATIO N CON­
TA C T:
Clayton H. Plumb, Marketing Special­
ist, Dairy Division, Agricultural M ar­
keting Service, U.S. Department o f
Agriculture, Washington, D.C. 20250,
202-447-6273. _
SUPPLEM ENTARY IN FO RM ATIO N :
Prior documents in this proceeding: No­
tice o f proposed suspension, issued April
8, 1977; published April 13, 1977 (42 FR
19350).
This order o f suspension is issued pur­
suant to the provisions of the Agricul­
tural Marketing Agreement A ct o f 1937,
as amended (7 U.S.C. et seq.), and o f the
order regulating the handling of milk in
the Upper Midwest marketing area.
Notice of proposed rulemaking was
published in the F ederal R eg ister (42
FR 19350) concerning a proposed sus­
pension of a certain provision o f the
order. Interested persons were afforded
opportunity to file written data, views,
and arguments thereon.
A fter consideration of all relevant ma­
terial, including the proposal set forth
in the aforesaid notice, data, views, and
FEDERAL REGISTER, V O L 42 , NO. 85— TUESDAY, MAY 3 , 1977
RULES AND REGULATIONS
arguments filed thereon, and other
available information, it is hereby found
and determined that for the months of
May 1977 through October 1977 the fo l­
lowing provision of the order does not
tend to effectuate the declared policy
of the Act:
Section 1068.73(a)(4) “ I f received
from a producer for whom payment is
not being made pursuant to paragraph
(a ) (2) and (3) of this section and who
has not discontinued shipping to such
handler, at not less than the uniform
price at this plant location for the pre­
ceding month, adjusted by the butterfat
differential for the proceding month.”
Statement o f Consideration. The pro­
vision that is hereby suspended requires
handlers to make a partial payment to
producers for whom a cooperative is not
collecting payment on or before the 25th
day of the month. The provision has
been suspended since November 1976.
An extension o f the suspension was
requested by several handlers that are
regulated under the Upper Midwest or­
der. The handlers stated that the pay­
ment dates under the order Were con­
fusing to their producers because such
dates are on the 18th and 25th days of
the month, only 7 days apart, while their
producers, who until last year were not
under the order, historically had been
accustomed to being paid about 15 days
apart. Under the suspension now in ef­
fect, these handlers are making a par­
tial payment on or about the 3rd day of
the month, 15 days prior to the final
payment date.
Written views on the proposed exten­
sion of the suspension were received from
5 dairy farmers, one cooperative associa­
tion, 8 handlers, and one trade associa­
tion representing proprietary plants.
Tw o dairy farmers opposed the suspen­
sion; all other views were in favor of it.
Since it is possible that a hearing will
be held within the next six months, the
suspension should only be extended for
the months of May 1977 through Octo­
ber 1977. I f a hearing has not been held,
the need for continuing the suspension
may be reviewed at a later time.
It is hereby found and determined that
thirty days’ notice of the effective date
hereof is impractical, unnecessary, and
contrary to the public interest in that
the suspension does not require of per­
sons affected substantial or extensive
preparation prior to the effective date
and notice of proposed rulemaking was
given interested parties and they were
afforded opportunity to file written data,
views, or arguments concerning this
suspension.
Therefore, good cause exists fo r mak­
ing this order effective upon publica­
tion in the F ederal R e g ister .
I t is therefore ordered, That the afore­
said provision of the order is hereby sus­
pended fo r the months of May 1977
through October 1977.
(Sec. 1-19, 48 Stat. 31, as amended (7 U.S.C.
601-674).)
Effective date. May 3, 1977.
Signed at Washington, D.C., on:
April 28,1977.
R o bert H. M e y e r ,
Assistant Secretary
fo r Marketing Services.
[FR Doc.77-12600 Filed 5-2-77;8:45 am]
Title 12— Banks and Banking
CHAPTER II— FEDERAL RESERVE
SYSTEM
SUBCHAPTER A— BOARD O F GOVERNORS OF
TH E FED ERAL RESER V E SYSTEM
[Reg. Z; FC-0056, FC-0057, FC-0058,
FC-0059]
PART 226— TRUTH IN LENDING
Official Staff Interpretations
AGENCY: Board o f Governors o f the
Federal Reserve System.
A CTIO N: Official Staff Interpreta­
tio n ^ ) .
SU M M A R Y: The Board is publishing the
following official staff interpretations of
Regulation Z, issued by a duly author­
ized official of the Division o f Consumer
Affairs.
EFFECTIVE DATE: April 29, 1977.
FO R FU RTH ER IN FO RM ATIO N CON­
TACT:
D. Edwin Schmelzer, Chief, Fair
Credit Practices Section, Division of
Consumer Affairs, Board of Governors
o f the Federal Reserve System, Wash­
ington, D.C. 20551 (202-452-2412).
SUPPLEM ENTARY IN FO RM ATIO N:
(1) Identifying details have been deleted
to the extent required to prevent a
clearly unwarranted invasion of personal
privacy. The Board maintains and makes
available for public inspection and copy­
ing a current index providing identifying
information for the public subject to cer­
tain limitations stated in 12 CFR Part
261.6.
(2) Official staff interpretations may
be reconsidered upon request o f inter­
ested parties and in accordance with 12
CFR Part 226.1(d) (2 ). Every request for
reconsideration should clearly identify
the number of the official staff interpre­
tation in question, and should be ad­
dressed to the Secretary, Board of Gov­
ernors of the Federal Reserve System,
Washington, D.C. 20551.
(3) 15 U.S.C. 1640(f).
12 CFR Part 226, FC-0056
$ 226.2 (r ) Card used to make a claim un­
der a medical insurance policy is not a credit
card.
§ 226.4(1) A discount offered to induce
cash payment rather than reliance upon an
insurance policy is not a finance charge.
M arch 28, 1977.
This wUl respond to your letter o f * • *,
in which you request a formal Board inter­
pretation o f §§ 226.2(r ) and 226.4(1) o f regu­
lation Z. You indicate that your client, a
hospital, accepts cards issued by a medical
insurance company in lieu o f cash payment
for medical services. The card identifies those
covered by Insurance policies issued by the
company. You ask whether the presentation
o f the card to cover medical treatment is a

"credit card” transaction i f the insurance
company and not the patient is billed for the
services. You also ask i f a hospital or medical
clinic becomes subject to § 226.4(i) by offer­
ing a discount i f a patient pays in cash rather
than using the card.
Section 226.2 (r ) defines “ credit card” as
any card th at is used “ * » • to obtain * * *
services on credit.” “ Credit” is defined as:
“ • * * the right granted by a creditor to a
customer to defer payment o f a debt, incur
debt and defer its payment, or purchase prop­
erty or services and defer payment therefor.”
A credit card transaction, therefore, must
involve the use o f a card to defer a debt. I t
appears that the card you describe is pre­
sented by the patient to make a claim under
a medical insurance policy. Assuming that
the claim is valid, the patient’s liability for
the debt is extinguished, not deferred. Under
such circumstances, no credit card transac­
tion has occurred because the patient has
not received an extension o f credit.
Your second question relates to a prac­
tice o f offering a discount for those who pay
in cash rather than using the medical insur­
ance card described above. You ask whether
offering such a discount subjects the hospital
or medical clinic offering it to the require­
ments o f § 226.4(1).
Section 226.4(1) requires that a discount
offered to induce “ * * * payments for a pur­
chase by cash, * * * rather than by use o f
an open end credit card account * * * ” is a
finance charge, unless the three criteria of
that section are met. I t is the opinion o f the
staff that since the card you describe is not
used in connection w ith "an open end credit
card account,” but rather in connection with
an insurance policy, § 226.4(1) is not appli­
cable to the transaction.
This is an official staff interpretation o f
Regulation Z issued in accordance with
8 226.1 (d ) (3) o f the régulation and limited
in its application to the facts and issues out­
lined herein.
We hope this response has been helpful. I f
we may be o f further assistance, please do not
hesitate to contact us.
Sincerely,
Jerauld C. K lu c k m a n ,
Associate Director.
12 CFR Part 226, FC-0057
88 226.7(b) and 226.7(f) Change in b ill­
ing cycle from staggered dates to single date
necessitates change in terms disclosure re­
garding interim periodic rate where normal
periodic rate is on a m onthly basis. Change
in terms notice should tell interim rate or
how to compute it. Periodic statements
should reflect actual interim periodic rate.
Where transition billing cycle does not vary
normal billing cycle by more than 4 days,
no additional disclosures are required.
M arch 28, 1977.
This is in reply to your letter o f * * *, in
which you requested an official staff inter­
pretation concerning a method for convert­
ing from m ultiple billing dates to a single
billing date for an open end credit plan.
The facts as outlined in your letter are as
follows:
The creditor o f the open end credit plan
currently sends monthly periodic statements
to customers using a staggered billing date
system under which some customers have
closing dates on the 3rd day o f each month,
others on the 6th, still others on the 9th,
etc. The creditor wants to eliminate the
staggered billing system and, instead, wishes
to have a uniform closing date on the 9th
of each month for all customers. Under the
terms of the open end credit plan, the credi­
tor’s finance charge is assessed on the pre­
vious balance outstanding at the beginning o f
the billing cycle at a m onthly periodic rate o f
FEDERAL REGISTER, VOL. 4 2 , NO. 85— TUESDAY, MAY 3, 1977
RULES AND REGULATIONS
iy 3 per cent (18 percent A.P.R.) on the first
500 dollars, and at a m onthly periodic rate
of 1 per cent (12 per cent A.P.R.) on the
excess over $500.
The creditor’s plans for making the transi­
tion are as follows:
The creditor would make the transition
from staggered closing dates to a single clos­
ing date during a period o f no more than two
months, and would advise its customers, in
the manner required under § 226.7(f), o f the
change in billing cycle and o f the method to
be used in calculating the finance charges
during the transition cycle which, staff as­
sumes, w ill include an explanation o f the
different periodic rates. No customer would
be assessed a finance charge in excess o f the
previously stated annual percentage rate.
You state that the shortest billing cycle
during the transition would be 15 days and
the longest cycle would be 45 days. The b ill­
ing statements would be mailed to the cus­
tomer no Jess than 14 days prior to the date
by which payment o f the new balance must
be made in order to avoid the Imposition o f
an additional finance charge.
T o determine the finance charge during
the transition cycle, the creditor would pro­
rate the finance charge calculated in the
usual manner. For example, in a transition
billing cycle o f 20 days, if th e customer’s
previous balance is $300 and the finance
charge would normally be $4.50, the customer
would be assessed a finance charge o f only
$3.00 for the 20-day period. The customers
would be advised on the periodic statement
that for that specific transition cycle the
periodic rate for the relevant range o f bal­
ances is 1 per cent (instead of 1% per cen t).
Additionally, the customer’s minimum pe­
riodic payment would be similarly pro-rated
for a shorter cycle but would remain the
same for a longer than normal cycle. Under
the contemplated method o f calculation,
the annual percentage rate would continue
to be 18 per cent for balances o f $500 or
less and 12 per cent on the excess over $500.
You asked two questions with respect to
the above stated facts and proposed transi­
tion implementation. First, you asked
whether this method o f changing to a single
billing date complies with Regulation Z. Sec­
ond, you asked whether customers with clos­
ing dates o f the 6th, 9th, or 12th o f the
month need be given any additional n otifi­
cation or additional disclosures or whether
any recalculations would be required.
W ith respect to your first question, in
staff’s view, the only required change in
terms disclosure which this situation pre­
sents is in the periodic rate and, conse­
quently, the finance charge for the period.
Therefore, i f the notice o f change in terms
correctly informs the customer o f the
changed periodic rate (either by disclos­
ing the “changed rate or by explaining how it
will be determined) and i f the periodic state­
ment also informs the customer o f the
changed periodic rate (numerically) and the
proper amount o f the finance charge given
that periodic rate, the staff believes that the
method o f converting from a m ultiple billing
date system to a single billing date system
which you outlined is proper under the regu­
lations.
In staff’s view, it is not necessary to pro­
rate th e amount o f the minimum periodic
payment for shorter billing cycles. However,
if the creditor chooses to do so, this change
should be disclosed to the customer in the
notice sent pursuant to § 226.7(f).
Further, it is staff’s opinion that your
plans to send the periodic statements dining
the transition period 14 days prior to the
date by which payment o f the new balance
must be made to avoid an additional finance
charge may not be mandated by Regulation
Z. Section 226.7(b) (2 ). only requires sending
22361
the periodic statement in this fashion i f the
creditor normally gives a free period within
which payment may be made to avoid the
imposition o f a finance charge. Under your
“ previous balance” method o f computing the
finance charge there appears to be no free
period and, thus, 1226.7(b)(2) may be in­
applicable. W ithout knowing more about
your system of computing the finance charge,
staff cannot say w ith certainty th at this is
the case, however.
In staff’s view, since there w ill be a change
in terms back to the previously disclosed
terms following the transition, the notice
sent pursuant to 8 226.7(f) should indicate
clearly to the customer that this w ill be the
case so that the customer is not le ft w ith the
impression that the changes are permanent.
I f this is not done, in staff’s view, a sub­
sequent notice to that effect would be neces­
sary.
W ith respect to your second question, in
staff’s view those customers whose current
billing dates are the 6th and 12th o f the
month need not be given any notice o f the
change in terms since their billing cycles
would not be varied by more than four
days. Under § 226.2 (i) the transition billing
cycle would be considered equal to the nor­
mal billing cycle for these customers and,
consequently, no change in terms is involved.
Those whose current billing date is the 9th
clearly require no notices o f changes or new
disclosures.
This is an official staff interpretation Regu­
lation Z issued pursuant to § 226.1(d) (3) of
the regulation and lim ited in its applica­
tion to the facts as outlined above. I trust
that this is responsive to your inquiry.
Sincerely,
Jerauld C. K l u ck m a n ,
Associate Director.
12 CFR Part 226, FC-0058
8 226.4(d) An “ overdraft charge” is a fi­
nance charge when imposed in connection
with a demand deposit account only i f it is
imposed pursuant to a written agreement
to pay overdrafts.
An “ overdraft charge” is a finance charge
when the bank treats the overdraft as a
transaction on an overdraft credit plan.
A pril 1,1977.
This w ill respond to your letter o f * * *
in which you request a formal Board inter­
pretation o f 8 226.4 o f Regulation Z. You are
concerned with a situation in which a bank
offers a demand deposit account w ith pro­
vision for paying overdrafts by debiting the
customer’s bank credit card account in a
sufficient number o f $100 increments to cover
the overdraft. When a customer has reached
the- credit lim it available on the bank card,
the creditor may, nevertheless, decide to pay
an overdraft and may either:
(1 ) Treat the amount as an overdraft on
the demand deposit account; or
(2 ) Debit the bank credit card account to
cover the demand deposit overdraft, thus ex­
ceeding the credit lim it.
The question arises whether in either of
these situations the “overdraft charge”
should be treated as a “ finance charge” or
"other charge” under Regulation Z.
W ith respect to situation one, staff be­
lieves that the overdraft charge would be a
finance charge, as provided in 8 226.4(d),
only i f it was imposed pursuant to a written
agreement between the bank and the cus­
tomer to pay the check.
W ith respect to situation two, i t is staff’s
view that a fee charged by a bank fo r hon­
oring a check exceeding the credit lim it in
a credit agreement must be considered a fi­
nance charge where the bank treats such a
transaction as a part o f the credit plan. For
example, i f the bank debits the amount o f
the overdraft to the customer’s credit ac-
22362
counit and Imposes the regular finance
charges on that amount, then the fee must
be disclosed as a finance charge under
11226.7(a) and (b ) and included in com­
putation o f the annual percentage rate un­
der § 226.5(a). In staff’s opinion, this con­
clusion in no way conflicts with § 226.4(d),
which provides that a charge for honoring
checks “ which overdraw or increase an over­
draft in a checking account is not a finance
charge unless the payment o f such checks
and the imposition o f such finance charge
were previously agreed upon in writing.”
That section relates only to regular demand
deposit accounts which carry no credit fea­
tures and in* which a bank may occasionally,
as an accommodation to its customer, hon­
or a check whieh inadvertently overdraws
that account. Staff believes that § 226.4(d)
has no applicability to those credit accounts
which Involve a prearranged line o f credit
privilege.
On the other hand, where such a il over­
draft is accorded the same treatment as an
overdraft o f a regular checking account
without overdraft privileges, then a fee as­
sessed for honoring that check need not be
treated as a finance charge. Thus, if the bank
takes the same customer notification and
collection action with respect to such over­
drafts as it takes with respect to overdrafts
in regular checking accounts without over­
draft privileges, a charge imposed for honor­
ing the overdraft would not constitute a fi­
nance charge.
W ith regard to the question o f whether
the overdraft fee should be disclosed as an
“ other charge” under § 226.7(a) (6 ), assum­
ing it is not a finance charge, staff believes
that this disclosure is not required. Where
the overdraft is not treated as part o f the
credit plan and tpe fee assessed for honor­
ing it is identical to the fee charged on an
overdraft o f a checking account without a
credit feature, the fee would not seem to
be an element o f the credit plan, but rather
would seem to be related to the basic check­
ing account agreement. Under these circum­
stances, th e fee would not, in staff’s opinion,
come within the definition o f an "other
charge” to be disclosed under $ 226.7(a) (6 ).
Since the questions you ask do not ap­
pear to raise significant policy questions or
Involve substantial ambiguities under the
regulation, staff believes that issuance o f a
Board interpretation is inappropriate. This
is an official staff Interpretation o f Regula­
tion Z, issued in accordance with $ 226.1(d)
(3) o f th e regulation. The interpretation re­
lates solely to the specific question presented.
I trust it is responsive to your inquiry.
Sincerely,
Jerauld C. K lu ck m a n ,
Associate D irector.
12 OPR Part 226, FC-0059
$ 226.13(1) Card issuer may require mer­
chant who honors the card to maintain or
designate an account solely for reflecting
transactions and payments involving the use
o f the card where such account is essential to
the credit card plan.
A p r i l 1,1977.
This is in reply to your letter o f • * *, in
which you requested an official staff interpre­
tation regarding § 226.13(1) (1) (li) o f Regu­
lation Z . That section prohibits a credit card
issuer from requiring any person who honors
the card issuer’s credit card to open or m ain­
tain a deposit account or procure any other
service not essential to the operation o f the
credit card plan from the card Issuer or any
other person as a condition o f participation
FEDERAL REGISTER, VO L. 4 2 , N O. 85— TUESDAY, M AY 3 , 1977
RULES AND REGULATIONS
in the credit card plan. You ask whether this Title I S — Commerce and Foreign Trade
section prohibits a card issuer from requiring
a merchant who honors the card (1) to open CHAPTER I— BUREAU OF THE CENSUS
DEPARTMENT OF COMMERCE
an account solely for the purpose o f crediting
the merchant with purchases or other exten­ PART 50— SPECIAL SERVICES AND STUD­
sions o f credit and debiting the merchant in IES BY THE BUREAU OF THE CENSUS
the case o f a debit memorandum, such as for
a return or (2) to designate an existing ac­ Fee Structure for Special Population
count'for such purpose. No minimum balance Censuses
or service would be required on the limited
purpose accounts. AG ENCY: Bureau of the Census,
In staff’s view, § 226.13(1) (1) (ii) does not Commerce.
prohibit a card issuer from requiring a mer­ A CTIO N: Final rule.
chant who honors the credit card to open or
maintain such an account solely for the pur­ SUM M ARY: The Department of Com­
pose o f reflecting payments to the merchant merce is authorized to make special sta­
for the extensions o f credit and facilitating tistical surveys and studies, and to per­
any debits or charge-backs from the mer­ form other specified services upon pay­
chant to the bank, when necessary. Section
226.13(1) (1) (11) prohibits the card issuer
ment o f the cost thereof. This change is
being made to amend the fee structure
from requiring that an account be opened or
maintained by the merchant only where the for special population censuses.
account is not essential to the credit card EFFECTIVE DATE: May 1, 1977.
plan. To the extent that the functions served
by* the accounts which you discuss in your FO R FU RTH ER IN FO RM ATIO N CON­
letter are essential to the credit card plan, TA C T :
staff believes that it is permissible to require
merchants who honor the card to open such George Hum, Chief, Special Census
lim ited purpose accounts or designate exist Branch, Demographic Census Staff,
ing accounts to be used for such purposes. Bureau of the Census, Washington,
This is an official staff interpretation o f D.C. 20233, 301-763-5806.
Regulation Z, issued in accordance with
5 226.1(d)(3) o f the regulation and lim ited SUPPLEM ENTARY IN FO RM ATIO N:
in its application to the facts and issues out­ The following § 50.10 replaces § 50.10
lined herein. I trust that you will find this which was published in the F ederal
helpful. R e g ister on March 1,1976, (41 FR 8767)
Sincerely, and in the Code of Federal Regulations
Jerauld C. K lu ck m a n , revised as of January 1, 1969, (15 CFR
Associate D irector. 50.10).
Board o f Governors o f the Federal R e­ In accordance with the rulemaking
serve System, April 11, 1977. provisions of the Administrative Pro­
G r if f it h L. G a r w o o d , cedures Act, 5 U.S.C. 553, and recom­
Deputy Secretary of the Board. mendation 76-5 of the Administrative
Conference o f the United States, the
[F R Doc.77-12552 Filed 5-2-77;8:45 am]
Bureau finds that notice and opportunity
for interested persons to submit written
CHAPTER III— FEDERAL DEPOSIT comments (either before or after the
INSURANCE CORPORATION promulgation of this amendment) would
PART 329— INTEREST ON DEPOSITS serve no public interest. Authority to
conduct special censuses is granted by
Individual Retirement Accounts (“ IRA”) 13 U.S.C. 196 which requires the pay­
and Keogh (H.R. 10) Plans: Correction ment “ of the actual or estimated cost
AGENCY: Federal Deposit Insurance of each such special census.” Because the
Corporation ( “ FD IC” ). costis of conducting these censuses have
increased, written comments would serve
A CTIO N: Final Rule; correction. no public interest.
SUM M ARY: In F.R. Doc. 11934, pub­ The fees for special censuses are es­
lished on page 21272 in the F ederal R eg ­ tablished under the provisions of 13
is t e r on Tuesday, April 26, 1977 in col­ U.S.C. 196, authorizing the Department
umn 2 in the secofid paragraph under of Commerce to make special statistical
Supplementary Information, the citation surveys and studies, and to perform
in the first sentence should read 26 other specified services upon payment of
U.S.C. 401 and 408 rather than 12 U.S.C. the cost thereof. No transcript of any
401 and 408. record will be furnished under authority
of this act which would violate existing
EFFECTIVE DATE: May 3, 1977. or future acts requiring that informa­
FO R FU RTH ER IN FO RM ATIO N CON­ tion furnished be held confidential.
TA C T: The following amended fee schedule is
F. Douglas Birdzell, Bank Regulation effective May 1, 1977, provided, however,
Section, Legal Division, Federal De­ that work will be performed at the pre­
posit Insurance Corporation, 550 17th vious fee for cost estimates issued at the
Street, N.W., Room 6108, Washington, former rate, if accepted within 90 days
D.C. 20429, 202-389-4324. after the date of the cost estimate letter.
F ederal D e p o s it I nsu r an c e § 50.10 Fee structure fo r special popu­
C o r p o r a t io n , lation censuses.
A l a n R . M il l e r ,
(a ) The Bureau of the Census is au­
Executive Secretary. thorized to conduct special population
[F R Doc.77-12614 Filed 5-2-77; 8:45 am ] censuses at the request of and at the
 RULES AND REGULATIONS 22363

expense o f the community concerned. To prene to cattle without a 4-day pre­ § 561.282 Methoprene.
obtain a special population census, an slaughter withdrawal period and deletes The feed additive methoprene
authorized official of the community those portions of the established regula­ (isopropyl (E,E) - 11 - methoxy - 3,7,11-
should write a letter to the Associate tion no longer in effect. This amendment trimethyl-2,4-dodecadienoate) may be
Director for Demographic Fields, Bureau was requested by Zoecon Corp. This rule safely used in accordance with the fo l­
of the Census, Washington, D.C. 20233, change will permit the safe use of metho­ lowing prescribed conditions:
requesting detailed information and prene in processed feed supplements fed (a) It is used as a feed additive in the
stating the approximate present popu­ to beef cattle. form o f mineral and/or protein blocks or
lation. The Associate Director will reply
other feed supplements in the feed of
giving an estimate of the cost and other EFFECTIVE DATE: Effective on May 3, cattle at the rate of 22.7 to 45.4 m illi­
1977.
pertinent information.
grams per 100 pounds of body weight
(b) The fee for a special populationFO R FU RTH ER IN FO R M ATIO N CON­
TA C T : per month.
census consists o f two'parts:
(1) Certain local expenses to be paid (b) I t is used to prevent the breeding
Mr. Charles Mitchell, Product Manager o f homilies in manure of treated cattle.
directly by the community for salary and (P M ) 17, Registration Division (W H - (c) To ensure safe use o f the additive,
travel (if necessary) of enumerators and
567), Office of Pesticide Programs, EPA, the label and labeling o f the pesticide
crewleaders, who are hired locally and,
401 M St. SW., Washington, D.C. 20460, formulation containing this additive
unless otherwise furnished, for inciden­
202-426-9425. shall conform to the label and labeling
tal expenses such as office space, tele­
registered by the U.S. Environmental
phone, and the like, and where appli­ SUPPLEM ENTARY IN FO RM ATIO N :
Protection Agency.
cable for social security, State and On March 1, 1977, the EPA published in
Federal taxes. the F ederal R e gister (42 FR 11850) a J F R Doc.77-12421 Filed 5-2-77;8:45 am]
(2) Expenses of the Bureau of the notice o f proposed rulemaking to revise
Census for preparation o f the enumer­ 21 CFR 561.282 which provides for the Title 24— Housing and Urban Development
ator assignment maps, salary, and travel safe use o f the insect growth regulator CHAPTER VIII— LOW INCOME HOUSING,
expense of the supervisor or supervisors methoprene (isopropyl (E ,E )-11-me- DEPARTMENT OF HOUSING AND
assigned by the Bureau, the cost of tabu­ thoxy-3,7,11-trimethyl-2, 4-dodecadieno- URBAN DEVELOPMENT
lation of results, and office and adminis­ ate) in processed feed supplements for
[Docket No. R-77-311]
trative expenses. The fee structure for cattle. This notice proposed that the re­
this portion of the cost is: striction o f a 14-day withdrawal period PART 888— SECTION 8 HOUSING ASSIST­
prior to slaughter be deleted and that ANCE PAYMENTS PROGRAM FAIR MAR­
Bureau Estimated total paragraph (b) and its subdivisions which KET RENTS AND CONTRACT RENT
fee cost are no longer in effect be deleted. AUTOMATIC ANNUAL ADJUSTMENT
Interested persons have been afforded FACTORS
Population size: an opportunity to participate in the rule- Fair Market Rents for New Construction
100.......................... $900 $955. making process. No comments or requests
500......................... 1,135 $1,240 to $1,250. and Substantial Rehabilitation
1.000 ................... 1,380 $1,575 to $1,595. fo r referral to an advisory committee
5.000 .............. 2,290 $3,180 to $3,355. were received. AGENCY: Department of Housing and
10.000 ............. 4,095 $6,305 to $6,530. Urban Development.
15.000 .................. 4,960 $8,565 to $9,125. i t is concluded that the pesticide can
20.000 ............. 5,970 $10,740 to $11,475. be safely used in the prescribed manner ACTIO N: Final rule.
25.000 .............. 6,790 $13,205 to $14,140.
30.000 .................. 7,730 $14,855 to $16,685. when such use is in accordance with the SUM M ARY: This rule establishes fair
35,000. — ........... 8,360 $16,895 to $18,360. label and labeling registered pursuant to
40.000 .................. 9,480 $19,460 to $21,035. the Federal Insecticide, Fungicide, and market rents for three new market areas
45.000 ..... - __ 9,900 $21,165 to $22,945. in Alaska. Current rental data indicates a
Rodenticide Act (F IF R A ), as amended
(86 Stat. 973 i 7 U.S.C. 136 et seq.). There­ need to establish fair market rents for
For communities o f 50,000 population fore, the regulation is being established as these new areas.
and over, counties, special geographic proposed (A related document concern­ EFFECTIVE DATE: May 3, 1977.
areas, and States, regardless o f size, an ing the establishment of increased toler­
individual estimate will be prepared, and ances for residues o f methoprene in the FO R FU RTH ER IN FO R M ATIO N CON­
the census will be conducted on an actual fa t o f cattle and in milk appears else­ TA C T:
cost basis. where in today’s F ederal R e g ister .) Henry F. P. Cassagne, Chief Appraiser,
Any person adversely affected by this Office of Technical Support, by calling
Dated: April 27,1977. (202) 472-4810.
regulation may, on or before June 2,1977,
R obert L . H ag an , file written objections with the Hearing SUPPLEM ENTARY IN FO R M ATIO N :
Acting Director, Clerk, Environmental Protection Agency, Notice was given on December 17, 1976,
Bureau of the Census. Rm. 1019, East Tower, 401 M St. SW, at 41 FR 55204 that the Department of
{P R Doc.77-12527 Piled 5-2-77:8:45 am] Washington DC 20460. Such objections Housing an Urban Development (HUD)
should be submitted in quintuplicate was proposing to amend Title 24 of the
Title 21— Food and Drugs and specify the provisions of the regula­ Code of Federal Regulations by incorpo­
tion deemed to be objectionable and the rating in Part 888, Subpart A, additional
CHAPTER I— FOOD AND DRUG ADMINIS­ grounds fo r the objections. I f a hearing is Schedules A, “ Fair Market Rents fo r
TRATION, DEPARTMENT OF HEALTH, requested, the objections must state the New Construction and Substantial Re­
EDUCATION, AND WELFARE issues for the hearing. A hearing will be habilitation (including Housing Finance
SUBCHAPTER E— ANIMAL FEED S, DRUGS, AND granted if the objections are supported and Development Agencies Program) ”
RELATED PRODUCTS by the grounds legally sufficient to justify for the preceding market areas.
[F R L 721-6; FAP5H5070/R31] the relief sought. HUD has received no comments in re-
Effective on May 3, 1977, 21 CFR ponse to the December 17, 1976, publica­
PART 561— TOLERANCES FOR PESTI-
Cl DES IN ANIMAL FEEDS ADMINIS­ 561.282 is amended as set forth below. tion; therefore, the Fair Market Rents
TERED BY THE ENVIRONMENTAL (Sec. 409(c) (1 ), Federal Pood, Drug, and Cos­ as appearing therein are adopted with­
PROTECTION AGENCY m etic Act (21 U.S.C. 348(c) ( 1 ) ) . ) out change.
A Findingof Inapplicability respecting
Methoprene Dated: April 25,1977. the National Environmental Policy Act
AGENCY: Office of Pesticide Programs, E d w in L . J o h n s o n , of 1969 has been made in accordance
Environmental Protection Agency (E P A ). Deputy Assistant Admin- with HUD procedures. A copy of this
ACTION: Final rule. istrator fo r Pesticide Programs. Finding of Inapplicability will be avail­
able fo r public inspection during regular
SUMMARY : This rule permits the feed­ 21 CFR 561.282 is revised to read as business hours at the office of the Rules
ing o f the insect growth regulator metho- follows: Docket Clerk, Room 10141, Department

FEDERAL REGISTER, V O L 4 2 , NO. 85— TUESDAY, M AY 3 , 1977

22364 RULES AND REGULATIONS

o f Housing and Urban Development, 451 Schedule A— F air M arket R ents for N ew (9 ) Any custom poultry harvesting, breed­
Seventh Street SW.f Washington, D.C. Construction and Substantial Rehabili­ ing, debeaking, sexing, or health service op­
tation (I ncluding Housing F inance and eration, provided the employees o f the oper­
20410.
D evelopment A gencies Program) ation are not regularly required to be away
Accordingly, Subpart A o f Part 888 is from their domicile other than during their
amended by inserting the following ad­ These Fair Market Rents have been trended
normal working hours.
ditional Schedules A in the document ahead two years to allow tim e for processing
published at 41 FR 14717. and construction o f proposed new construc­ By this F ederal R e gister document 29
tion and substantial rehabilitation rental CFR 40.2(b) is amended to add a new
N ote.— I t is hereby certified that the eco­ projects.
nomic and inflationary Impacts o f this regu­ subparagraph (9) which sets out this ex­
lation have been carefully evaluated in ac­ N ote.— The Fair Market Rents for (1) emption to the Farm Labor Contractor
cordance w ith OMB Circular A-107. dwelling units designed for the elderly or Registration Act regulations, thereby
handicapped are those for the appropriate conforming this Department’s regula­
(Sec. 7 (d ) Department o f HDD Act (42 U.S.C. size units, not to exceed 2-Bedroom, m ulti­
3535(d).) tions to the law. As this amendment to
plied by 1.05 rounded to the next higher
whole dollar, (2 ) congregate housing dwell­ Part 40 merely reflects congressional
Issued On April 15, 1977. ing units are the same as for non-congregate amendment of the Act, notice and public
L a w r e n c e B . S im o n s , units and (3 ) single room occupancy dweU-
comment is unnecessary and this amend­
Assistant Secretary fo r H o u s in g - ment is effective on May 3, 1977.
ing units are those for 0-Bedroom units o f
Federal Housing Commissioner. This document was prepared under
the Same type.
the direction and control o f Donald S.
Area office, Anchorage, Alaska; region X —Seattle Shire, Associate Solicitor, Division of
General Legal Services, Office of the So­
Number- of bedrooms licitor, room N2464, New Department of
Market area Structure type Labor Bldg., Washington, D.C. 20210,
0 1 2 3 4 or more phone 202-523-8286.
Barter Island, north coastal area............ ........ . Detached.......................... 640 703 773 851 Part 40 of Title 29 is amended by add­
Semidetached/row________ 621 683 751 826 ing to § 40.2(b) a new subparagraph (9),
Walkup..................... ....... . . . 548 603 663 729 802
Elevator -,. with editorial amendments to subpara­
Coastal area, north of Aleutians................... Detached........................ 640 703 773 851 graphs (7) and (8 ), as follows:
Semidetached/row............ 621 683 751 826
Walkup___ __ ... 548 603 663 729 802 § 40.2 Definitions.
Elevator . . .. .
Inland area, north of Aleutian«;____ . Detached______________ 640 703 773 851 * * * * *
Semidetached/row. . . ____ 621 683 751 826
W alkup.......................... 603 663 729 802 (b) The term “ farm labor contractor”
Elevator _
means * * *. The term shall not in­
[F R Doc.77--12538 F iled 5 -2 -77;8:45 a m ] clude—
Title 29— Labor * * * * *
bilization Committee and the revocation
SUBTITLE A— OFFICE OF THE o f the Executive Order which created it, (7) Any common carrier or any full­
SECRETARY OF LABOR Part 9 o f Title 29 is removed from the time regular employee thereof engaged
Code of Federal Regulations. solely in the transportation o f migrant
PART 9— STABILIZATION OF CONSTRUC­ workers;
TION INDUSTRY WAGES AND PRICES Signed at Washington, D.C., on this
UNDER EXECUTIVE ORDER 11588 26th day o f April, 1977. (8) Any custom combine, hay har­
vesting, or sheep shearing operation; or
Removal of Part R a y M a r s h a ll , (9) Any custom poultry harvesting,
Secretary of Labor. breeding, debeaking, sexing, or health
AGENCY : Department o f Labor. service operation, provided the employ­
(F R Doc.77-12660 Filed 5-2-77;8:45 am]
AC TIO N : Removal of final rule. ees of the operation are not regularly
PART 40— FARM LABOR CONTRACTOR required to be away from their domicile
SUM M ARY : The Department o f Labor is
removing its regulations that governed REGISTRATION other than during their normal working
hours.
the Construction Industry Stabilization Exemption of Additional Categories From
Committee because of the expiration of * * * * *
Coverage of Farm Labor Contractor Reg­
the law and revocation of the Executive istration Act Signed at Washington, D.C. on this
Order on the basis o f which it was issued. 25th day o f April, 1977.
AG ENCY: Employment Standards Ad­
SUPPLEM ENTARY IN FO R M ATIO N : ministration, Labor.
W ar r en D. L a n d is ,
The Construction Industry Stabilization Acting Administrator.
Committee was established under the AC TIO N : Final rule.
authority o f Executive Order 11588 (36 SUM M ARY: The Employment Stand­ [F R Doc.77-12717 Filed 5-2-77;8:45 am]
F R 6339), which in turn was issued un­ ards Administration is amending its reg­
der the authority of the Economic Stabi­ ulations under the Farm Labor Contrac­
lization Act o f 1970 (Pub. L. 91-379; 84 tor Registration Act by exempting addi­ Title 40— Protection of Environment
Stat. 799). Part 9 of T itle 29 was issued tional categories from coverage by the CHAPTER I— ENVIRONMENTAL
by the Secretary o f Labor under the au­ Act. The amendment to the regulations PROTECTION AGENCY
thority delegated in Executive Order is being made to reflect congressional SUBCHAPTER E— P ESTICID E PROGRAMS
11588. amendment of the Act.
[F R L 721-7; PP 6F1801/R127]
Th e Economicstabilization A ct of 1970 EFFECTIVE DATE: May 3,1977.
expired on April 30, 1974. By Executive PART 180— TOLERANCES AND EXEMP­
Order 11788 dated June 18, 1974 (39 F R FO R FU RTH ER IN FO R M ATIO N CON­ TIONS FROM TOLERANCES FOR PESTI­
22113), the President provided for the TA C T: CIDE CHEMICALS IN OR ON RAW AGRI­
orderly termination o f the Economic Paul E. Myerson, Counsel fo r Employ­ CULTURAL COMMODITIES
Stabilization Program. The Construction ment Standards, Office of the Solicitor, Methoprene
Industry Stabilization Committee was Room N2464, New’ Department of
abolished by Section 7 of Executive Or­ AGENCY: Office o f Pesticide Program,
Labor Bldg., Washington, D.C. 20210, EPA.
der 11788 and Executive Order 11588 was phone 202-523-8244.
revoked by Section 10 of Executive Order AC TIO N : Final rule.
11788. SUPPLEM ENTARY IN FO RM ATIO N :
Public Law 94-561 amended 7 U.S.C. SUM M ARY: This rule increases the es-
In view of the expiration of the Eco­ 2042(b) by adding a new subparagraph established tolerances for residues of
nomic Stabilization Act of 1970, the abo­ 9 thereto. This subparagraph exempts methoprene in the fa t of cattle and in
lition o f the Construction Industry Sta- from the coverage of the Act: milk. This amendment was requested by

FEDERAL REGISTER, VOL. 4 2 , NO. 85— TUESDAY, M AY 3 , 1977


Zoecon Corp. This rule will provide for
the safe use o f methoprene fed to beef
cattle.
EFFECTIVE DATE: Effective on May 3,
1977.
FOR FU RTHER IN FO R M ATIO N CON­
TACT:
Mr. Charles Mitchell, Product Man­
ager (P M ) 17, Registration Division
(W H-567), Office of Pesticide Pro­
grams, EPA, 401 M Street, SW, Wash­
ington, DC, 202-426-9425.
SUPPLEMENTARY IN FO RM ATIO N:
On March 1, 1977, the EPA published a
notice of proposed rulemaking in the
F ederal R eg ister (42 F R 11850) in re­
sponse to a pesticide petition (P P 6F1801)
submitted to the Agency by Zoecon Corp.,
975 California Ave., Palo Alto CA 94304.
This petition proposed that 40 CFR 180.
359 be amended by increasing the estab­
lished tolerances fo r residues o f the in­
secticide methoprene (isopropyl (E,E- ) -
11 - methoxy - 3,7,11 - trimethyl - 2,4-
dodecadienoate) in the raw agricultural
commodities fat o f cattle from 0.1 part
per million (ppm) to 0.3 ppm and in milk
from 0.01 ppm to 0.05 ppm. No comments
or requests for referral to an advisory
committee were received in response to
this notice of proposed rulemaking.
It has been concluded, therefore, that
the proposed amendment to 40 CFR 180.-
359 should be adopted without change,
and it has been determined that this
regulation will protect the public health.
(A related document concerning the dele­
tion o f the 14-day preslaughter with­
drawal period for beef cattle fed metho-
prene-treated feed appears elsewhere in
today’s F ederal R e g iste r .)
Any person adversely affected by this
regulation may, on or before June 2,1977,
file written objections with the Hearing
Clerk, Environmental Protection Agency,
Room 1019, East Tower, 401 M St. SW.,
Washington, D.C. 20460. Such objections
should be submitted in quintuplicate
and should specify both the provisions of
the regulation deemed to be objectionable
and the grounds for the objections. I f
a hearing is requested, the objections
must state the issues fo r the hearing. A
hearing will be granted if the objections
are supported by grounds legally suffi­
cient to justify the relief sought.
Effective on May 3, 1977, Part 180,
Subpart C, § 180.359 is amended as set
forth below.
(Sec. 4 0 8 (d )(2 ), Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 346a(d) ( 2 ) . ) )
Dated: April 25, 1977.
E d w in L. J o h n s o n ,
Deputy Assistant Administrator
for Pesticide Programs.
40 CFR Part 180, Subjart C, § 180.359
is amended by: (1) increasing the estab­
lished tolerances for residues o f the pes­
ticide in the fa t of cattle and in milk,
(2) deleting the established tolerance in
the meat and meat byproducts of cattle,
FEDERAL REGISTER, VOL. 42 , NO. 85— TUESDAY, MAY 3, 1977
RULES AND REGULATIONS
and (3) editorially restructuring the sec­
tion into an alphabetized columnar list­
ing, to read as follows:
§ 180.359 Methoprene; tolerances
residues.
Tolerances are established for residues
o f the insect growth regulator metho­
prene (isopropyl iE,E) - 11 - methoxy -
3,7,11 - trimethyl-2,4-dodecadienoate) in
or on the following raw agricultural com­
modities:
Commodity: Parts per m illion
Cattle, fa t________________________ 0.3
M ilk ___________________ _____ ___ 0.05
[F R Doc.77-12420 Filed 5-2-77;8:45 am]
Title 43— Public Lands: Interior
CHAPTER II— BUREAU OF LAND MANAGE­
MENT, DEPARTMENT OF THE INTERIOR
APPENDIX— PU BLIC LAND ORDERS
[Public Land Order 5617]
[U-30472]
UTAH
Emergency Withdrawal of Critical
Environmental Area
A G EN C Y: Bureau o f Land Manage­
ment, Interior.
A CTIO N: Final rule.
SU M M A R Y: This public land order with­
draws 26,927.24 acres o f land in the Deep
Creek Mountains area and reserves them
for the protection of the critical environ­
ment area.
EFFECTIVE D ATE: May 3, 1977.
FO R FU RTH ER IN FO RM ATIO N CON­
TA C T :
Eldon G. Hayes, Natural Resource
Specialist, Division o f Lands and
Realty, Bureau of Land Management,
Washington, D.C. 20240, 202-343-
8731.
By virtue o f the authority contained in
section 204(e) of the Federal Land Policy
and Management Act o f 1976, 90 Stat.
2743, 43 U.S.C. 1701, 1714 (hereinafter
referred to as the A ct), it is ordered as
follows:
1. Subject to valid existing rights, the A p r il 23, 1977.
following described lands are hereby [F R Doc.76-12598 Filed 5-2-77;8:45 am]
withdrawn from settlement, sale, loca­
tion, or entry, under the general land
laws, including the mining laws, 30
U.S.C. Ch. 2, and reserved for the protec­ CHAPTER X— COMMUNITY SERVICES
tion o f Deep Creek* Mountains critical
environment area:
Salt L ake Meridian
T. 11 S., R. 17 W.,
Sec. 18, lots 3 and 4, EV6 , E%SW %;
Sec. 19, lots 1, 2, 3, NE%, E%NWV4, NE&
SW%;
Sec. 30, Sy2 lot 1, lots 2,3, 4;
sec. 3i, w y 2 lot i, w y 2 lot 2 , w y 2 lot 3.
T. 11S..R. 18 W.,
Sec. 17, N% , Ei/aSW^, SE%;
Sec. 18, EX/£NE*4;
Cape I Q a riH Ort*
Sec. 21, N% , SWi/4, Ni/2 SE%, SEV4 SEJ4 ;
Sec. 22, E%SEV4, S ‘/2 SW%;
Sec. 23,N E % ,S% ;
22365
Sec. 24;
Sec. 25, lots 3 and 4, W y2;
Sec. 26;
Sec. 27, S%, S%NEV4;NE%NE%, NW 1 / *;
fo r Secs. 28 through 31,33 through 35.
T. 12 S., R. 18 W.,
Sec. 1, lots 3 through 6, 9 through 16, S%;
Secs. 3 through 8 ;
Sec. 9, lots 1 through 6» SW %;
Sec. 10;
Sec. 11,N% N% ;
Sec. 12, Ni/2N % ;
Secs. 17 through 20;
Sec. 29, lots 1 and 2, W % E y2, Wy2;
Secs. 30 and 31.
T. 13 S., R. 18 W.,
Sec. 6.
T. 12 S., R. 19 W.,
Sec. 1;
Secs 12 and 13;
Sec. 24, EVi;
Sec. 25, EVo, SWJ4SW%;
Sec. 35, S 14 SE 14 .
T. 13 S., R. 19 W.,
Sec. 1.
The areas described aggregate 26,927.24
acres in Juab County.
2. The purpose of this withdrawal is
to protect and preserve the following rare
species and resources: (a ) Snake Valley
cutthroat trout (Salmo clarkii spp) that
remain in Birch Creek and Trout Creek;
(b) the remaining watersheds in Deep
Creek Range that may contain remnant
populations and potential habitat to al­
low for the study and reestablishment of
the Snake Valley cutthroat trout; (c) lo­
cation of Grape fern (Batrychium lauce-
olatum ); (d ) Bristlecone pine area
(Pinus logaeva); (e) location o f Stone
fly (Pteronarcys princeps); ( f ) the habi­
tat area required for support of the re-
introduction of Big Horn Sheep; (g) ar­
cheological sites dating back 9,000 years
which are the key to scientific research of
Great Basin Archeology; (h ) outstand­
ing scenic resources.
3. This emergency withdrawal shall
remain in effect for a period not to ex­
ceed three years unless extended under
the provisions of subection (c) (1) or ( d ) ,
whichever is applicable, and (b) (1) of
section 204 of the Act.
G u y R . M a r t in ,
Assistant Secretary
of the Interior.
Title 45— Public Welfare
ADMINISTRATION
[CSA Instruction 6710-1, CH 11].
PART 1067— FUNDING OF CSA GRANTEES
Applying for a Grant Under Title II, Sections
221, 222(a) and 231 of the EOA Correction
In FR Doc. 77-10269, appearing at page
18402, in the issue o f Thursday, April 7,
1977, the table appearing on page 18403
and corrected at 42 FR 21292, in the
issue of Tuesday, April 26,1977, had typo­
graphical errors. For the convenience of
the reader, the table is reprinted as set
forth below:
 22366 RULES AND REGULATIONS

Required documents CHAPTER I— MATERIALS TRANSPORTA­

TION BUREAU, DEPARTMENT OF
Forms to be submitted prior Forms to be submitted at time of TRANSPORTATION
to formal application 1 formal application
Sections of the act [Docket No. HM-149; Amdt. Nos. 172-35,
under which funds Applicant When 175-4]
requested delegating
424 3 5 393 394 395 424 25 25a 419 848 programs
PART 172— HAZARDOUS MATERIALS
85 87 11 TABLE AND HAZARDOUS MATERIALS
COMMUNICATION REGULATIONS
A. Initial Community action agency. X X X Opt. X X X X X X X X X PART 175— CARRIAGE BY AIRCRAFT
funding. Limited purpose agency X .... X 2 X 2 X X 4 X X X X X X X X
(including SEOO’s). Air Transportation of Limited Quantities of
B. Refunding.. . Community action agency. X X 8X» Opt. X X X X X X X X X Low-Level Radioactive Materials; Ex­
Limited purpose agency X .... X 8 X X 4 X X X X X X X X emption Renewal
(including SEOO’s).
II. m : AGENCY: Materials Transportation
A. Initial Community action agency. X Opt. X 4 X X X X X X X X Bureau, DOT.
funding. Limited purpose agency X .... X 2 X Opt. X 4 X X X X X X X X
(including SEOO’s). A CTIO N: Final rule.
B. Refunding.. . Community action agency. X Opt. X 4 X X X X X X X X
Limited purpose agency X Opt. X 4 X X X X X X X X
SU M M ARY: The Materials Transporta­
(including SEOO’s).
III. i S l ................. . State economic opportu- X Opt. X 4 X X X X . Xtion Bureau (M TB ) is renewing fo r two
X X
nity offices. years the limited quantity exception for
air transportation o f materials exhibit­
» For refundings, submission will be 150 days prior to P Y E .
* Except SEOO’s. ing very low levels of radiation. These
8 Keep on file. materials do not present a significant
4 Except sec. 1. hazard to passengers and crew o f an air­
8 Except Program Account 01.
craft. The intended effect of this action
is to permit continued transportation by
Title 49— Transportation In consideration of the foregoing, Part passenger aircraft of these materials un­
SUBTITLE A— OFFICE OF THE 1 of title 49, Code of Federal Regulations, der existing restrictions.
SECRETARY OF TRANSPORTATION is amended as follows:
1. In § 1.44, a new subparagraph (8) is DATES: This amendment is effective
[OST Docket No. 1; Amdt. 1-128] May 3,1977.
added to paragraph (e) to read as fo l­
PART 1— ORGANIZATION AND FOR FU RTH ER IN FO RM ATIO N CON­
DELEGATION OF POWERS AND DUTIES lows:
TAC T:
Delegations Under the Federal Wage § 1.44 Reservations o f authority. Dr. C. Hugh Thompson, Director, O f­
System * * * * * fice o f Hazardous Materials Opera­
AGENCY: Department o f Transporta­ tions, 2100 Second Street, SW., Wash­
(e) Personnel. * * *
tion. ington, D.C. 20590. Phone: 202-426-
(8) Authority to develop, coordinate, 0656.
ACTIO N : Pinal rule. and issue wage schedules under the Fed­
SUPPLEM ENTARY INFO RM ATION:
SUM M ARY : The purpose of this amend­ eral Wage System, except as delegated to By notice (42 FR 16459, March 28, 1977)
ment is to delegate to the Commandant, the Commandant of the Coast Guard at the M TB proposed to renew the expir­
U.S. Coast Guard, and the Assistant Sec­ § 1.46. ing exemption found at 49 CFR 175.10
retary for Administration authority to * * * * * (a ) (6 ). Twelve comments were received
develop, coordinate, and issue wage
2. In § 1.46, a new paragraph (v ) is which may be grouped as follows:
schedules for trades, crafts, and laboring (1) Objection to imposition of the pro­
positions under the Federal Wage Sys­ added to read as follows: posed shipping paper requirements for
tem. This change is being made because § 1.46 Delegations to Commandant o f 1 173.391(a) materials, and request for
nonappropriated fund activities are not the Coast Guard. a public hearing on that subject.
conducted by any part of the Department * * * * * (2) Objection to continuation of sur­
of Transportation except the Coast face shipping paper requirements for
(v ) Issue wage schedules for trades,
Guard. § 173.391 (b) and (c) materials in light
crafts, and laboring employees in non­ o f the proposed continuance of air ship­
EFFECTIVE DATE: This amendment is appropriated fund activities.
effective May 3, 1977. ping paper exceptions for § 173.391 (b)
3. In § 1.59, a new subparagraph (9) and (c) materials;
FOR FURTHER IN FO RM ATIO N CON­ is added to paragraph (b) to read as (3) Request for amendment of § 172.-
TA C T: follows: 203(d) (1) (iii) to allow alternative use of
Gail A. Batt, Personnel Management § 1.59 Delegations to Assistant Secretary a statement of maximum permitted ac­
Specialist, Office of Personnel and tivity in place of the actual activity per
fo r Administration. package;
Training, Department of Transporta­
tion, Washington, D.C. 20590, 202-426- * * * * * (4) Request for a permanent regula­
2164. (b) Personnel. * * * tion instead of an exemption renewal;
(9) Develop, coordinate, and issue (5) General support fo r the March 28
SUPPLEM ENTARY IN FO RM ATIO N: proposals.
The persons principally responsible for wage schedules for Department employ­
There were not received any objections
drafting this document are: Program— ees under the Federal Wage System, ex­ to basic continuation o f the exemption.
Gail A. Batt, Office of Personnel and cept as delegated to the Commandant of Given the public interest in matters re­
Training; legal—Robert I. Ross, Office of the Coast Guard at § 1.46. lated to the exemption, such as shipping
the General Counsel. * * * * * paper requirements for surface trans­
Since this amendment relates to De­ (Sec. 9 (e ), Department o f Transportation portation as well as for transportation
partmental management, procedures, Act (49U.S.C. 1657(e)). by air, the M TB has decided to limit
and practices, notice and public proce­ final action under this docket to the ex­
Issued in Washington, D.C. on April emption itself and to consider the ques­
dure thereon are unnecessary and it may 21,1977.
be made effective in fewer than 30 days tion of shipping paper requirements and
B r o c k A d am s , the request for a public hearing as sepa­
after publication in the F ederal R eg ­ Secretary of Transportation. rate matters under a new docket. A no­
is t e r . [F R Doc.77-12709 Filed 5-2-77;8:45 am] tice of proposed rulemaking for that pur-

FEDERAL REGISTER, VOL. 42 , NO. 85— TUESDAY, MAY 3 , 1977


pose will appear in a subsequent issue
of the F ederal R e g ist e r .
The exemption itself is authorized by
§ 107(a) o f the Hazardous Materials
Transportation Act of 1974 (Title I of
Pub. L. 93-633; 49 U.S.C. 1806(a)) and
necessitated by § 108(b) of that Act (49
U.S.C. 1807(b)). It is predicated on the
very limited hazards posed by those ma­
terials meeting the criteria of § 173.391
(a ), (b ), and (c ). Because the existing
exemption, which relieves a restriction
stated in the Act and in § 175.700(d),
will expire on May 3, 1977, an effective
date o f less than 30 days following this
publication is necessary to avoid dis­
rupting exempted shipments. Continua­
tion of the exemption will have a negli­
gible environmental impact and will not
impose any additional costs on shippers,
carriers or consumers.
Primary drafters of this document are
Douglas A. Crockett and Alfred W.
Grella.
In consideration of the foregoing, Parts
172 and 175, Title 49, Code of Federal
Regulations, are amended as follows:
§ 172.204 [A m ended]
1. In § 172.204, paragraph (c) (4) is
amended by changing the last sentence
to read “ * * * Prior to May 3, 1979, this
provision does not apply to materials
meeting the requirements of § 173.391
(a ), (b) or (c) of this subchapter in e f­
fect on May 3,1977.”
2. In § 175.10, paragraph (a) (6) is re­
vised to read as follows:
§ 175.10. Exceptions.
(а) * * *
(б) Prior to May 3, 1979, radioactive
materials which meet the requirements
of § 173.391 ( a ) , (b) or (c) of this sub­
chapter in effect on May 3, 1977.
♦ * ♦ * * SUPPLEM ENTARY
3. In § 175.700, paragraph (d) is
amended to read as follows:
§ 175.700 Special requirements fo r Board, held in Washington, D.C., on the
radioactive materials.
* * * * * Upon further consideration of Service
(d) Except as provided in this para­Order No. 1240 (41 FR 15698 and 48343),
graph, no person may carry aboard a and good cause appearing therefor:
passenger-carrying aircraft any radio­
active material other than a radioactive and it is hereby, amended by substitut­
material intended for use in, or incident ing the following paragraph (e) for par­
to, research or medical diagnosis or
treatment. Prior to May 3,1979, this pro­ agraph (e ) thereof:
hibition does not apply to materials § 1033.1240 Chicago and North Western
which meet the requirements of § 173.391
(a ), (b) or (c) of this subchapter in e f­
fect on May 3,1977.
(49 U.S.C. 1803, 1804, 1806, 1808; 49 CFR
1.53(e).)
N ote.— The Materials Transportation Bu­
reau has determined that this document does
not contain a major proposal requiring the
preparation o f an Economic Impact State­
ment under Executive Order 11821 and OMB
Circular A-107.
Issued in Washington, D.C., on April
28,1977.
J am e s T. C u r t is , Jr.,
Director, Materials,
Transportation Bureau.
[F R Doc.77-12832 Filed 5-2-77;9:29 am]
RULES AND REGULATIONS
CHAPTER X— INTERSTATE COMMERCE
COMMISSION
SUBCHAPTER A— GENERAL R U LES AND
REGULATIONS
[S.O. No. 1240; Arndt. 2]
PART 1033— CAR SERVICE
Chicago and North Western Transportation
Co. Authorized To Operate Over Tracks
of Kansas City Southern Railway Co.
AGENCY: Interstate Commerce Com­
mission.
AC TIO N : Extension o f emergency order
(Arndt No. 2 to Service Order No. 1240).
SUM M ARY: This amendment extends
for six months an emergency order issued
April 9, 1976, which authorized the Chi­
cago and North Western Transportation
Company (CN W ) to operate an unused
yard o f the Kansas City Southern R ail­
way Company (KC S) at Kansas City,
Missouri. Increases in tra fic on the
CNW in the Kansas City area have re­
sulted in severe congestion and delays to
shipments in the Kansas City terminals
of that line. The adjoining Henning
Street Yard o f the KCS is no longer
needed by that line because o f changes
in operating patterns.
Use o f this yard by the C&NW enables
that line to move traffic through Kansas
City without the excessive delays pre­
viously encountered.
DATES: Effective 11:59 p.m., April 30,
1977. Expires 11:59 p.m., October 31,
1977.
FOR FU RTH ER IN FO R M ATIO N CON­
TA C T :
C. C. Robinson, Chief, Utilization and
Distribution Branch, Interstate Com­
merce Commission, Washington, D.C.
20423, 202-275-7840, T L X 89-2742.
IN FO RM ATIO N:
The order is reprinted in full below.
A t a Session of the Interstate Com­
merce Commission, Railroad Service
26th day of April, 1977.
I t is ordered, That S.O. No. 1240 be,
Transportation Co. authorized to op­
erate over tracks o f the Kansas City
Southern Railway Co.
* * * ♦ * 1977. Expires 11:59 p.m., October 31,
(e) Expiration date. The provisions of1977.
this order shall expire at 11:59 p.m., FO R FU RTH ER IN FO R M ATIO N CON­
August 31, 1977, unless otherwise modi.- TA C T:
fied, changed, or suspended by order of
this Commission.
Effective date. This amendment shall
become effective at 11:59 p.m., April 30,
1977.
(Secs. 1, 12, 15, and 17(2) , 24 Stat. 379, 383, The order is reprinted in full below.
384, as amended (49 U jS.C. 1, 12, 15, and 17
(2 ). interprets or applies Secs. 1(10-17), merce Commission, Railroad Service
15(4), and 17(2), 40 Stat. 101, as amended,
54 Stat. 911 (49 U.S.C. 1(10-17), 15(4) and Board, held in Washington, D.C., on the
1 7 (2 )).)
FEDERAL REGISTER, VOL. 4 2 , NO. 85— TUESDAY, MAY 3 , 1977
22367
I t is further ordered, That a copy of
this amendment shall be served upon the
Association of American Railroads, Car
Service Division, as agent of all railroads
subscribing to the car service and car
hire agreement under the terms of that
agreement, and upon the American Short
Line Railroad Association; and that no­
tice o f this amendment be given to the
general public by depositing a copy in
the Office of the Secretary of the Com­
mission at Washington, D.C., and by fil­
ing it with the Director, Office of the
Federal Register.
Amendment No. 2 to Service Order No.
1240.
By the Commission, Railroad Service
Board, members Joel E. Burns, Robert S.
Turkington and John R. Michael. Mem­
ber Joel E. Bums not participating.
R obert L. O sw ald ,
Secretary.
[F R Doc.77-12683 Filed 5-2-77;8:45 am]
[S.O. No. 1102; Arndt. 11]
PART 1033— CAR SERVICE
Delaware and Hudson Railway Co. and
Consolidated Rail Corp. Authorized To
Assume Joint Supervisory Control Over
Railroad Operations of Albany Port Dis­
trict Commission, Albany, N.Y.
AGENCY: Interstate Commerce Com­
mission.
A C TIO N : Extension of emergency order
(Arndt. No. 11 to Service Order No. 1102).
SUM M ARY: This order extends for six
months authority granted to Consoli­
dated Rail Corporation (ConRail) and
the Delaware and Hudson Railway
(D&H) to assume operating control of
the railroad facilities of the Albany, New
York, Port District. For financial rea­
sons, the Port District relinquished con­
trol o f rail operations serving the port
facilities. In order to provide continued
rail service to industries and port facil­
ities served by these tracks, ConRail and
the D&H have been granted temporary
authority to assume operating control
of these properties. Applications for the
formation of a new corporation to ac­
quire and operate these properties and
for ConRail and the D&H each to pur­
chase one half of the stock in the new
corporation are pending in Finance
Dockets 28069 and 28072, respectively.
DATES: Effective 11:59 pmx., April 30,
C. C. Robinson, Chief, Utilization and
Distribution Branch, Interstate Com­
merce Commission, Washington, D.C.
20423, (202) 275-7840, TLX89-2742.
SUPPLEM ENTARY IN FO RM ATIO N :
A t, a Session of the Interstate Com­
26th day of April, 1977.
22368
Upon further consideration of Serv­
ice Order No. 1102 (37 F.R. 13697, 28634;
38 F.R. 17843, 33086, 33302; 39 F.R.
18655, 41853; 40 F.R. 24005 and 55860;
41 F.R. 15414, 22067, and 48122), and
good cause appearing therefor:
I t is ordered, That S.O. No. 1102 be,
and it is hereby, amended by substitut­
ing the following paragraph (e) for para­
graph (e) thereof:
§ 1033.1102 Delaware and Hudson Rail­
way. Co. and Consolidated Rail Corp.
authorized to assume joint supervi­
sory control over railroad operations
o f Albany Port District Commission,
Albany, New York.
* * * * * 20423, telephone 202-275-7840, T L X
(e) Expiration date. This order shall
expire at 11:59 p.an., October 31, 1977,
unless otherwise modified, changed, or
suspended by order of this Commission.
Effective date. This amendment shall
become effective at 11:59 p.m., April 30,
1977.
(Secs. 1, 12, 15, and 17(2), 24 Stat. 379,
383, 384, as amended; 49 U.S.C. 1, 12, 15, and
17(2). Interprets or applies Secs. 1(10-17),
15(4), and 17(2), 40 Stat. 101, as amended,
54 Stat. 911; 49 U.S.O. 1(10-17), 15(4), and
17(2).)
I t is further ordered, That a copy of
this amendment shall be served upon the
Association of American Railroads, Car
Service Division, as agent of all railroads
subscribing to the car service and car
hire agreement under the terms of that
agreement, and upon the American Short
Line Railroad Association; and that no­
tice of this amendment be given to the
general public by depositing a copy in
the Office of the Secretary of the Com­
mission at Washington, D.C., and by fil­
ing it with the Director, Office of the
Federal Register.
Amendment No. 11 to Service Order
No. 1102.
By the Commission, Railroad Service
Board, members Joel E. Bums, Robert
S. Turkington, and John R. Michael.
Member Joel E. Bums not participating.
R o bert L. O s w a ld ,
Secretary.
[F R Doc.77-12682 Filed 5-2-77;8:45 am]
[Corrected S.O. No. 1230; Arndt. 3]
PART 1033— CAR SERVICE
Illinois Central Gulf Railroad Co. Authorized
To Operate Over Tracks of Waterloo
Railroad Co.
AGENCY: Interstate Commerce Com­
mission.
ACTION: Extension o f emergency order
(Arndt No. 3 to Service Order No. 1230).
SUM M ARY: This amendment extends
for six months an emergency order is­
sued August 24, 1976, which authorized
the Illinois Central Gulf Railroad Com­
pany (IC G ) to operate over tracks of the
Waterloo Railroad (W LO ) between Cedar
FEDERAL REGISTER, VOL. 42 , NO. 85— TUESDAY, MAY 3, 1977
RULES AND REGULATIONS
Rapids, Iowa, and Shaver, Iowa. That
portion of the W LO extending between
Gilbertsville, Iowa, and Shaver has been
abandoned by authority of the Commis­
sion in Docket AB-124. The order au­
thorizes the ICG to operate over that por­
tion of the W LO in order to provide con­
tinued rail service to shippers located ad­
jacent thereto.
DATES: Effective 11:59 p.m., April 30,
1977. Expires 11:59 p.m., October 31,1977.
FOR FURTHER IN FO RM ATIO N CON­
TACT:
C. C. Robinson, Chief, Utilization and
Distribution Branch, Interstate Com­
merce Commission,- Washington, D.C.
89-2742.
SUPPLEM ENTARY IN FO RM ATIO N :
The order is reprinted in full below.
A t a Session of the Interstate Com­
merce Commission, Railroad Service
Board, held in Washington, D.C., on the
26th day of April 1977.
Upon further consideration of Cor­
rected Service Order No. 1230 (41 FR
8347, 36209, and 42 FR 12057), and good
cause appearing therefor:
I t is ordered, That corrected S.O. No.
1230 be, and it is hereby, amended by sub­
stituting the following paragraph (g) for
paragraph (g ) thereof:
§ 1033.1230 The Illinois Central G u lf
Railroad Co. authorized to operate
over tracks o f the W aterloo Railroad
Co.
* * * * *
(g) Expiration date. The provisions of
this order shall expire at 11:59 p.m.,
October 31, 1977, unless otherwise modi­ merce Commission, Railroad Service
fied, changed, or suspended by order of Board, held in Washington, D.C., on the
this Commission.
Effective date. This amendment shall Order No. 1163 (38 FR 32259; 39 FR
become effective at 11:59 p.m., April 30, 18280, 41854; 40 FR 24005, 56443 ; 41 FR
1977.
(Secs. 1, 12, 15, and 17(2), 24 Stat. 379, 383, and good cause appearing therefor:
384, as amended; 49 U.S.C. 1, 12, 15, and 17
(2 ). Interprets or applies Secs. 1(10-17), 15 and it is hereby, amended by substitut­
(4 ), and 17(2), 40 Stat. 101, as amended, 54 ing the following paragraph (e) for par­
Stat. 911; 49 U.S.C. 1(10-17), 15(4), and 17 agraph (e) thereof:
(2).)
I t is further ordered, That a copy of
this amendment shall be served upon the
Association of American Railroads, Car
Service Division, as agent of all railroads
subscribing to the car service and car
hire agreement under the terms of that
agreement, and upon the American Short
Line Railroad Association; and that no­
tice of this amendment be given to the
general public by depositing a copy in the
Office of the Secretary of the Commis­
sion at Washington, D.C., and by filing it
with the Director, Office of the Federal
Register.
By the Commission, Railroad Service
Board, members Joel E. Burns, Robert S.
Turkington, and John R. Michael. Mem­
ber Joel E. Burns not participating.
R o bert L . O s w a l d ,
Secretary.
[F R Doc. 77-12681 Filed 5-2-77;8:45 am]
[S.O. No. 1163; Arndt. 9]
PART 1033— CAR SERVICE
Missouri Pacific Railroad Co. Authorized
To Operate Over Tracks of Union Pacific
Railroad Co.
AG EN C Y: Interstate Commerce' Com­
mission.
ACTIO N: Extension of emergency order
(Service Order No. 1163).
SU M M A R Y: This order extends for three
months an emergency order issued by the
Commission authorizing the Missouri
Pacific Railroad (M P ) to operate over
certain tracks owned by the Union Pa­
cific Railroad (U P) at Cochrane, Kansas.
The U P has abandoned its line serving
Cochrane. Acquisition by the M P o f a
portion of this line has been approved by
the Commission in order to provide con­
tinued rail service to shippers located ad­
jacent thereto. Transfer o f ownership of
the track to the M P will be completed
upon release of the property from the
mortgage by the mortgage trustee of the
UP.
DATES: Effective 11:59 p.m., April 30,
1977. Expires 11:59 p.m., June 31, 1977.
FO R FU RTH ER IN FO R M ATIO N CON­
TA C T:
C. C. Robinson, Chief, Utilization and
Distribution Branch, Interstate Com­
merce Commission, Washington, D.C.
20423, telephone 202-275-7840,T L X
89-2742.
SUPPLEM ENTARY IN FO RM ATIO N:
The order is reprinted in full below.
A t a Session o f the Interstate Com­
26th day of April, 1977.
Upon further consideration of Service
22067, 48343, 56652, and 42 FR 6585),
I t is ordered, That S.O. No. 1163 be,
§ 1033.1163 Missouri Pacific Railroad
Co. authorized to operate over tracks
o f Union Pacific Railroad Co.
* * # * * ’
(e) Expiration date: The provisions of
this order shall expire at 11:59 p.m.,
July 31, 1977, unless otherwise modified,
changed, or suspended by order of this
Commission.
. Effective date: This amendment shall
become effective at 11:59 p.m., April 30,
1977.
(Secs. 1, 12, 15, and 17(2), 24 Stat. 379, 383,
384, as amended; 49 U.S.C. 1, 12, 15, and 17
(2 ). Interprets or applies Secs. 1(10-17),
15(4), and 17(2), 40 Stat. 101, as amended,
54 Stat. 911; 49 U.S.C. 1(10-17), 15(4), and
17(2).)
I t is further ordered, That a copy of
this amendment shall be served upon the
Association of American Railroads, Car
Service Division, as agent of all railroads

subscribing to the car service and car
hire agreement under the terms of that
agreement, and upon the American
Short Line Railroad Association; and
that notice of this amendment be given
to the general public by depositing a
copy in the Office of the Secretary o f the
Cominission at Washington, D.C., and by
filing it with the Director, Office o f the
Federal Register.
Amendment No. 9 to Service Order
No. 1163.
By the Commission, Railroad Service
Board, members, Joel E. Bums, Robert
S. Turkington, and John R. Michael.
Member Joel E. Burns not participating.
R o bert L . O s w a l d ,
Secretary.
[PR Doc.77-12684 Piled 5-2-77;8:45 am]
PART 1041— INTERPRETATION;
CERTIFICATES AND PERMITS
Determination Not To Institute Rulemaking
AGENCY: Interstate Commerce Com­
mission.
ACTION: Notice of decision not to im­
plement recommendation 34 of the Com­
mission’s staff Blue Ribbon Panel.
SUM M ARY: Recommendation 34 of the
Blue Ribbon Panel would expand the cor­
ridor that regular route motor carriers of
passengers are presently allowed to serve
from 1 to 3 miles. A fter careful consider­
ation the Commission has determined
that implementation of this recommen­
dation is not warranted. -
FOR FURTHER IN FO R M ATIO N CON­
TACT:
Michael Erenberg, Assistant Deputy
Director, Section of Operating' Rights,
Interstate Commerce Commission, 12th
and Constitution Avenue, NW., Wash­
ington, D.C. 20423, 202-275-7292.
SUPPLEMENTAL IN FO RM ATIO N: The
Blue Ribbon Panel recommended that
49 Code of Federal Regulations (C FR )
1041.12 be revised to allow’ carriers of
passengers nolding all intermediate
point authorization to serve all points
within 3 miles o f authorized routes
(within necessary exceptions). A fter due
consideration the Commission has de­
termined that the recommendation
should not be adopted.
In Administrative Ruling No. 102, 82
M.C.C. 581 (1960), as codified at 49 CFR
1041.12, the Commission found, in perti­
nent part, that common carriers by mo­
tor vehicle holding a certificate author­
izing the transportation of passengers
between two or more points over a de­
fined route or segment thereof, and au­
thorizing „service at all intermediate
points thereon may serve (a) all munici­
palities situated wholly within 1 airline
mile of the highway or highways com­
posing the carrier’s authorized routes,
portions, or segments thereof, and (b)
all unincorporated areas within 1 airline
mile of the highway or highways com­
posing the carrier’s authorized service
FEDERAL REGISTER. VOL, 42 . NO. 85— TUESDAY. MAY 3 . 1977
RULES AND REGULATIONS 22369
routes, portions, or segments thereof. FOR FU RTH ER IN FO RM ATIO N CON­
Recommendation 34 of the Blue Ribbon TA C T:
Panel would expand the corridor that Mrs. Janice M. Rosenak, Deputy D i­
regular route motor carriers of passen­ rector, Section of Rates, Interstate
gers are presently allowed to serve from Commerce Commission, Washington,
1 to 3 miles. A fter careful consideration D.C. 20423, Phone No. 202-275-7693.
the Comihission has determined that
implementation of this recommendation SUPPLEM ENTARY IN FO RM ATIO N :
is not warranted. Background: Pursuant to parts I and I I
Various factors have led to this con­ of the Interstate Commerce Act (sec­
clusion. First, present indications are tions 3(2) and 223, respectively), and
that motor bus operators are not ex­ section 553 of the Administrative Proce­
periencing any difficulty operating dure Act (5 U.S.C. 553), a rulemaking
within the existing 1-mile corridor proceeding was instituted by the Com­
mission on February 14, 1973, for the
within which they may operate. Neither
the regular route passenger motor car­ purpose of studying recent developments
rier industry nor the general public which may have caused or significantly
which the industry serves have com­ contributed to difficulties being en­
plained that the present corridor is too countered by certain carriers subject to
restrictive. our jurisdiction in the proper extension
o f credit and the timely collection of
Second, common carriers o f passen­
their lawful charges; and also, fo r the
gers which hold authority to operate
purpose of determining what, if any, is
over regular routes, may, pursuant to
the effect various practices engaged in by
the Passenger Carrier Superhighway
shippers and other parties have upon
Rules, 49 CFR 1042.1, seek authority to
such carrier compliance, and what cor­
deviate from their regular routes and
rective measures should be implemented
operate over adjacent superhighways.
This procedure will, in certain cases, to insure greater compliance with our
credit regulations.
allow carriers to serve territories com­
In the report and order served on
mensurate with the expanded corridors
August 29, 1975, in the above-entitled
contemplated by recommendation 34.
Despite the lessened burden of proof proceeding (350 I.C.C. 527), the credit
rules in parts 1320 and 1322 of Chapter
.involved in a Superhighway Deviation
application, and the expanded service X of Title 49 of the Code of Federal
territory obtainable by such a filing, only Regulations were modified to: (1) Pro­
a minimal number o f such applications vide a uniform period of free credit for
have been filed since the regulations in rail and motor carrier freight bill pay­
49 CFR 1042.1 went into effect in Janu­ ments; (2) provide for an extended
ary 1970. credit period; and (3) otherwise elimi­
By the Commission (Commissioners nate the possibility o f discriminatory
Murphy and Brown are of the opinion treatment o f ’ shippers by carriers.
that the notice is unnecessary and Com­ Numerous petitions for reconsideration
missioner Hardin voted not to issue the of this report and order were filed by
draf t notice). carriers, shippers and other interested
parties, and therefore in an order served
R o bert L . O s w a l d ,
September 19, 1975, the Commission
Secretary.
stayed the effective date of the August 29,
[F R Doc.77-12619 Filed 5-2-77;8:45 am] 1975, order. In a subsequent order served
July 2, 1976, the Commission granted
SUBCHAPTER D— TARIFFS AND SCH ED U LES
the petitions for reconsideration and or­
dered an informal conference to be held
[Ex Parte No. 73, MC-1] on July 28, 1976, to provide interested
PART 1320— EXTENSION OF CREDIT TO parties the opportunity of presenting
SHIPPERS BY RAIL CARRIERS their views as to the problems arising
PART 1322— EXTENSION OF CREDIT TO under the revised rules.
SHIPPERS BY MOTOR CARRIERS Proceeding held open: Upon considera­
tion of all the evidence of record, includ­
Provisions for Payment of Rates and ing the petitions for reconsideration and
Charges the arguments of the various parties, it is
AGENCY : Interstate Commerce Com­ apparent that the proposed rules would
mission. be difficult to implement and enforce
without modification. However, it is also
ACTIO N: Final rule.
apparent that some shippers are not pay­
SUM M ARY: The Interstate Commerce ing their freight bills within the existing
Commission has adopted certain minor credit time limits which creates a po­
technical changes in the rail credit regu­ tentially discriminatory situation. Such
lations. These included converting hours opportunities for unlawfulness should not
into days, requiring equal credit periods go uncorrected, therefore, we will hold
foV less-than-carload (LC L) and car­ this proceeding open for one year. Dur­
load traffic, and eliminating unnecessary ing this period, our field staff will in­
provisions. The changes are for the pur­ vestigate and compile data on the fre­
pose of simplifying the readability of quency and magnitude of violations of
the rules and to provide style consistency the existing credit rules. Violations dis­
with the motor carrier credit regula­ covered by the Bureau of Accounts will be
tions. reported to the Bureau of Investigation
EFFECTIVE DATE: May 3, 1977. and Enforcement, and violators vigor-
22370
ously pursued. In addition, the data
gathered will be reviewed by the Commis­
sion to determine what action should be
taken to prevent violations of the Inter­
state Commerce Act. W e will also further
investigate the feasibility of implement­
ing the proposed rules or modifications
thereof, as necessary to insure compli­
ance with the provisions o f the act, and
whether or not there are violations of
the credit rules by the use o f transport
clearing organizations.
Changes in rule: Certain technical
changes in the rail credit rules were con­
sidered and accepted in the report and
order served August 29,1975. These minor
changes (converting hours into days, re­
quiring equal credit periods fo r less-than-
carload (LC L) and carload traffic, and
eliminating unnecessary provisions), as
set forth hereafter, are warranted and
hereby implemented.
These changes shall become effective
May 3, 1977, and shall remain in effect
until modified or revoked in whole or in
part by further order of the Commission.
Issued at Washington, D.C., April 15, charges, insofar as applicable to export
1977.
R obert L. O s w a l d ,
Secretary.
Part 1320 o f Chapter X of Title 49 of ing the time when the vessel is com­
the Code of Federal Regulations is pletely loaded, freight bills to be de­
amended as follows:
(1) Section 1320.1 be, and it is hereby,ative hot later than the day on which
amended to read as follows:
§ 1320.1 Carrier may extend credit to
shipper.
The carrier, upon taking precautions
deemed by it to be sufficient to assure
payment of the tariff charges within the
credit periods specified in this part, may
relinquish possession of freight in ad­
vance of the payment o f the tariff
charges thereon and may extend credit
in the amount of such charges to those
who undertake to pay such charges, such
person herein being called shippers, for
a period of 4 days (or 5 days where
retention or possession of freight by the
carrier until tariff rates and charges
thereon have been paid will retard
prompt delivery or will retard prompt
release of equipment or station facili­
ties) as set forth in this part. In regard
to traffic of nonprofit shippers’ associa­
tions and shippers’ agents, within the
meaning o f section 402(c) of part IV
o f the Interstate Commerce Act, the
carriers shall require such organizations
to furnish the names of the beneficial
owners of the property in the bills of
lading or at least have the bills of lading
incorporate by reference a document
containing the names of the beneficial
owners.
§§ 1320.2— 1320.4 [Rem oved]
(2) Sections 1320.2, 1320.3 and 1320.4
be, and they are hereby, canceled.
(3) Section 1320.8 be, and it is hereby,
amended to read as follows:
§ 1320.8 Periods o f credit following de­
livery.
Where the freight bill is presented to
the shipper prior to, or at the time of,
FEDERAL REGISTER. VOL. 42 , NO. 85— TUESDAY, MAY 3. 1977
RULES AND REGULATIONS
delivery of the freight, the 4- and 5-day
period o f credit shall run from the first
12 o’clock midnight following the deliv­
ery of the freight.
(4) Section 1320.9 be, and it is hereby,
amended to read as follows:
§ 1320.9 Periods o f credit following
presentation o f freight bill.
Where the freight bill is presented to
the shipper subsequent to the time the
freight is delivered, the 4- and 5-day
periods of credit shall run from the first
12 o’clock midnight following the deliv­
ery of the freight bill.
§ 1320.14 [Rem oved]
(5) Section 1320.14 be, and it is hereby,
canceled.
(6) Section 1320.15 be, and it is hereby,
amended to read as follows:
§ 1320.15 Computation o f credit period
fo r payment o f export traffic rates.
The period o f 4 days fixed fo r the
payment o f transportation rates and
traffic which is loaded into vessels direct
from railroad cars or piers or from such
cars or piers by means of lighters, may
be computed from the first 4 p.m. follow­
livered to vessel owner or his represent­
the loading o f the vessel is completed.
(7) Section 1320.16 be, and it is
hereby, amended to read as follows:
§ 1320.16 Computation o f period fo r
payment o f freight rates at interior
California points not served by rail­
roads.
The period of 4 days fixed for the pay­
ment of transportation rates and
charges, insofar as applicable to freight
from and to Bartle, Calif., when destined
to or from interior points described in
the report, in Siskiyou, Shasta, and
Modoc Counties, Calif., not served by
railroad, may be computed from the first
4 p.m. following 26 days after the mail­
ing by petitioner of the freight bills for
such traffic.
[F R Doc.77-12572 Filed 5-2-77;8:45 am]
Title 9— Animals and Animal Products
CHAPTER I— ANIMAL AND PLANT HEALTH
INSPECTION SERVICE, DEPARTMENT
OF AGRICULTURE
SUBCHAPTER C— INTERSTATE TRANSPORTA­
TION OF ANIMALS (INCLUDING POULTRY)
AND AN IM AL PRODUCTS
PART 78— BRUCELLOSIS
Subpart D— Designation of Brucellosis
Areas, Specifically Approved Stockyards,
and Slaughtering Establishments *
B r u c e llo sis A reas
AGENCY : Animal and Plant Health In ­
spection Service, USDA.
A CTIO N : Final rule.
SU M M A R Y: The Animal and Plant
Health Inspection Service is amending
its Brucellosis regulations to update the
current status of various counties and
states which have been designated as
Certified Brucellosis-Free Areas, Modi­
fied Certified Brucellosis Areas, and
Noncertified Areas, respectively.
EFFECTIVE DATE: May 3, 1977.
FO R FU RTH ER IN FO RM ATIO N CON­
TA C T :
Dr. A. D. Robb, U.S. Department of
Agriculture, Animal and Plant Health
Inspection Service, Veterinary Serv­
ices, Hyattsville, Maryland, Room 805,
301-436-8713.
SUPPLEM ENTARY IN FO RM ATIO N:
The amendments delete the following
areas from the list of Noncertified Areas
in § 78.22 and add such areas to the list
designated as Certified Brucellosis-Free
Areas in § 78.20 because it has been de­
termined that they again come within
the definition o f a Certified Brucellosis-
Free Area in § 78.1(1): Montgomery
County in Iowa.
The amendments delete the following
areas from the list o f Certified Brucel­
losis-Free Areas in § 78.20 and add such
areas to the list designated as Modified
Certified Brucellosis Areas in § 78.21 be­
cause it has been determined that they
now come within the definition of a
Modified Certified Brucellosis Area in
§ 78.1 ( m ) :
Henry and Lee Counties in Alabama; Daw­
son and Henry Counties in Georgia; Massac
County in Illinois; Clayton County in Iowa;
Dallas, Douglas, and Iron Counties in Mis­
souri; and Cheatham, Decatur, and Hardin
Counties in Tennessee.
The amendments delete the following
areas from the list of Modified Certified
Brucellosis Areas in § 78.21 and add such
Ureas to the list designated as Certified
Brucellosis-Free Areas in § 78.20 because
it has been determined that they now
come within the definition of a Certified
Brucellosis-Free Area in § 78.1(1): Pope
and Williamson Counties in Illinois.
Accordingly, §§ 78.20, 78.21, and 78.22
of Part 78, Title 9, Code of Federal Reg­
ulations, designating Certified Brucello­
sis-Free Areas, Modified Certified Bru­
cellosis Areas, and Noncertified Areas, re­
spectively, are amended to read as fol­
lows:
§ 78.20 Certified Brucellosis-Free Areas.
The following States, or specified por­
tions thereof, are hereby designated as
Certified Brucellosis-Free Areas:
(a) Entire States. Arizona, California,
Connecticut, Delaware, Hawaii, Indiana,
Maine, Maryland, Massachusetts, Michi­
gan, Minnesota, Montana, Nevada, New
Hampshire, New Jersey, New York,
North Carolina, North Dakota, Ohio,
Oregon, Pennsylvania, Rhode Island,
South Carolina, Vermont, Virginia,
Washington, West Virginia, Wisconsin,
Virgin Islands.
(b) Specific Counties W ithin States.—
Alabama, Dale, Geneva.
Arkansas. Baxter, Benton, Boone,
Bradley, Calhoun, Carroll, Clay, Cleve­
land, Columbia, Dallas, Drew, Fulton,
Garland, Grant, Greene, Jackson, John­
son, Lafayette, Madison, Marion, Mon­
roe, Montgomery, Newton, Ouachita,

Perry, Pike, Polk, Prairie, Searcy, Sharp,
Stone, Union, Woodruff.
Colorado. Adams, Alamosa, Arapahoe,
Archuleta, Baca, Bent, Boulder, Chaffee,
Cheyenne, Clear Creek, Conejos, Costilla,
Crowley, Custer, Delta, Denver, Dolores,
Douglas, Eagle, Elbert, El Paso, Fremont,
Garfield, Gilpin, Grand, Gunnison, Hins­
dale, Huerfano, Jackson, Jefferson,
Kiowa, K it Carson, Lake, La Plata,
Larimer, Las Animas, Lincoln, Logan,
Mineral, Moffat, Montezuma, Montrose,
Morgan, Otero, 'Ouray, Park, Phillips,
Pitkin, Prowers, Pueblo, Rio Blanco, Rio
Grande, Routt, Saguache, San Juan, San
Miguel, Sedgwick, Summit, Teller, Wash­
ington, Weld.
Floridg. Baker, Bay, Brevard, Calhoun,
Dade, Dixie, Escambia, Franklin, Gads­
den, Gulf, Hamilton, Holmes, Jackson,
Leon, Liberty, Monroe, Okaloosa,
Orange, Pasco, Santa Rosa, Seminole,
Sumter, Taylor, Wakulla, Walton,
Washington.
Georgia. Appling, Atkinson, Bacon,
Banks, Brantley, Bryan, Bulloch, Burke,
Butts, Camden, Candler, Charlton, Chat­
ham, Chattahoochee, Clarke, Clayton,
Cook, Crawford, De Kalb, Echols, Effing­
ham, Evans, Fannin, Franklin, Glascock,
Glynn, Greene, Habersham, Jeff Davis,
Johnson, Jones, Lanier, Laurens, Liberty,
Long, McIntosh, Monroe, Peach, Rabun,
Richmond, Schley, Screven, Stephens,
Taylor, Telfair, Toombs, Treutlen,
Twiggs, Upson, Ware, Washington,
Wayne, Wheeler, White, Wilkinson.
Idaho. Ada, Adams, Bear Lake, Bene­
wah, Blaine, Boise, Bonner, Boundary,
Camas, Canyon, Caribou, Clearwater,
Custer, Idaho, Kootenai, Latah, Lemhi,
Lewis, Nez Perce, Oneida, Owyhee,
Payette, Power, Shoshone, Valley,
Washington, Yellowstone National Park.
Illinois. Adams, Alexander, Bond,
Boone, Brown, Bureau, Calhoun, Carroll,
Cass, Champaign, Christian, Clark, Clay,
Clinton, Coles, Cook, Crawford, Cumber­
land, De Kalb, De Witt, Douglas, Du
Page, Edgar, Edwards, Effingham,
Fayette, Ford, Franklin, Fulton, Galla­
tin, Greene, Grundy, Hamilton, Han­
cock, Hardin, Henderson, Henry,
Iroquois, Jackson, Jasper, Jefferson,
Jersey, Jo Daviess, Johnson, Kane, Kan­
kakee, Kendall, Knox, Lake, La Salle,
Lawrence, Lee, Livingston, Logan, Ma­
con, Macoupin, Madison, Marion, M ar­
shall, Mason, McDonough, McHenry,
McLean, Menard, Mercer, Monroe,
Montgomery, Morgan, Moultrie, Ogle,
Peoria, Perry, Piatt, Pike, Pope, Pulaski,
Putnam, Randolph, Richland, Rock
Island, St. Clair, Saline, Sangamon,
Schuyler, Scott, Shelby, Stark, Stephen­
son, Tazewell, Union, Vermilion, Wabash,
Warren, Washington, Wayne, White,
Whiteside, Will, Williamson, Winnebago,
Woodford.
Iowa. Adair, Adams, Audubon, Benton,
Black Hawk, Boone, Bremer, Buchanan,
Buena Vista, Butler, Calhoun, Carroll,
Cass, Cedar, Cherokee, Chickasaw,
Clarke, Clay, Clinton, Dallas, Davis, Des
Moines, Dickinson, Dubuque, Emmet,
Fayette», Floyd, Franklin, Fremont,
Greene, Grundy, Hamilton, Hancock,
Hardin, Henry, Howard, Humboldt, Ida,
FEDERAL REGISTER, VOL. 42 , NO. 85— TUESDAY, M AY 3 , 1977
RULES AND REGULATIONS
Iowa, Jackson, Johnson, Keokuk, Kos­
suth, Lee, Linn, Louisa, Lucas, Lyon,
Madison, Mahaska, Marion, Marshall,
Mills, Mitchell, Monona, Montgomery,
Muscatine, O ’Brien, Osceola, Page, Palo
Alto, Pocahontas, Polk, Pottawattamie,
Poweshiek, Plymouth, Scott, Shelby,
Tama, Taylor, Van Buren, Wapello, W ar­
ren, Washington, Webster, Winnebago,
Winneshiek, Woodbury, Worth, Wright.
Kansas. Comanche, Doniphan, Ford,
Gove, Graham, Greeley, Haskell, Hodge­
man, Johnson, Lane, Logan, Marshall,
Pawnee, Phillips, Riley, Scott, Sheridan,
Thomas, Trego, Wallace, Washington.
Kentucky. Bell, Breathitt, Campbell,
Clay, Edmonson, Floyd, Harlan, Jackson,
Johnson, Kenton, Knott, Knox, Law­
rence, Lee, Leslie, Letcher, Lewis, Magof­
fin, Martin, McCreary, Menifee, Morgan,
Owsley, Pendleton, Perry, Pike, Robert­
son, Trimble, Whitley, Wolfe.
Mississippi. Alcorn, Hancock, Harri­
son, Jackson, Stone, Tishomingo.
Missouri. Audrain, Dunklin, Franklin,
Gasconade, Hickory, Jackson, Laclede,
Lewis, Miller, Moniteau, Montgomery,
Perry, Platte, Pulaski, St. Louis, Schuy­
ler, Shelby.
New Mexico. Bernalillo, Catron, Col­
fax, Dona Ana, Grant, Harding, Hidalgo,
Lincoln, Los Alamos, Luna, McKinley,
Otero, Rio Arriba, Sandoval, San Juan,
Santa Fe, Sierra, Socorro, Taos, T o r­
rance.
South Dakota. Aurora, Beadle, Ben­
nett, Bon Homme, Brookings, Brown,
Brule, Buffalo, Butte, Campbell, Charles
Mix, Clark, Clay, Codington, Corson,
Custer, Davison, Day, Deuel, Dewey,
Douglas, Edmunds, Fall River, Faulk,
Grant, Gregory, Haakon, Hamlin, Hand,
Hanson, Harding, Hughes, Hutchinson,
Hyde, Jackson, Jerauld, Kingsbury,
Lake, Lawrence, Lincoln, Lyman, M ar­
shall, McCook, McPherson, Meade, Mel­
lette, Miner, Minnehaha, Moody, Pen­
nington, Perkins, Potter, Roberts, San­
born, Shannon, Spink, Sully, Todd,
Tripp, Turner, Union, Walworth, Washa-
baugh, Yankton, Ziebach.
Tennessee. Anderson, Blount, Camp­
bell, Carter, Claiborne, Davidson, Dick­
son, Fentress, Grainger, Greene, Grundy,
Hancock, Jefferson, Johnson, Knox, Lake,
Meigs, Morgan, Polk, Roane, Robertson,
Rutherford, Scott, Sequatchie, Sevier,
Sullivan, Unicoi, Union, Warren, White.
Texas. Brewster, Childress, Comal,
Crane, Ector, Gray, Hansford, Hartley,
Hemphill, Irion, Jeff Davis, Kerr, K im ­
ble, Lipscomb, Llano, Loving, Mason,
Newton, Pecos, Reagan, Roberts, Ster­
ling, Terrell, Val Verde, Ward, Winkler.
Utah. Beaver, Carbon, Daggett, Davis,
Duchesne, Emery, Garfield, Grand, Iron,
Juab, Kane, Millard, Morgan, Piute,
Rich, Salt Lake, San Juan, Sampete,
Sevier, Summit, Tooele, Uintah, Utah,
Wasatch, Washington, Wayne, Weber.
Wyoming. Albany, Big Horn, Camp­
bell, Carbon, Converse, Crook, Fremont,
Goshen, Hot Springs, Johnson, Laramie,
Natrona, Niobrara, Park, Platte, Sheri­
dan, Sublette, Sweetwater, Teton, Uinta,
Washakie, Weston.
Puerto Rico. Adjuntas, Aguada, Agu-
adilla, Aguas Buenas, Aibonito, Anasco,
22371
Arroyo, Barceloneta, Baranquitas, Baya-
mon, Cabo Rojo, Caguas, Camuy, Cano-
vanas (Loiza), Catano, Cayey, Ceiba,
Ciales, Cidra, Coamo, Comeiro, Corozal,
Culebra, Dorado, Fajardo, Guanica, Gu-
ayama, Guaynabo, Guayanilla, Gurabo,
Hormigueros, Humacao, Isabela, Jayuya,
Juana Diaz, Juncos, Lajas, Lares, Las
Marias, Luquillo, Manati, Maricao,
Maunabo, Mayaguez, Moca, Morovis, Na-
ranjito, Orocovis, Patillas, Penuelas,
Ponce, Quebradillas, Rincon, Rio Grande,
Rio Piedras, Sabana Grande, Salinas,
San German, San Juan, San Lorenzo,
San Sebastian, Santa Isabel, Toa Alta,
Toa Baja, Trujillo Alto, Utuado, Vega
Alta, Vega Baja, Villalba, Yabucoa,
Yauco.
§ 78.21 Modified Certified Brucellosis
Areas.
The following States, or specified por­
tions thereof, are hereby designated as
Modified Certified Brucellosis Areas:
(a) Entire States. Alaska, Louisiana,
Nebraska, Oklahoma.
(b) Specific Counties W ithin States.—
Alabama. Autauga, Baldwin, Barbour,
Bibb, Blount, Bullock, Butler, Calhoun,
Chambers, Cherokee, Chilton, Choctaw,
Clarke, Clay, Cleburne, Coffee, Colbert,
Conecuh, Coosa, Covington, Crenshaw,
Cullman, Dallas, De Kalb, Elmore, Eto­
wah, Escambia, Fayette, Franklin,
Greene, Hale, Henry, Houston, Jackson,
Jefferson, Lamar, Lauderdale, Lawrence,
Lee, Limestone, Lowndes, Macon, Madi­
son, Marengo, Marion, Marshall, Mobile,
Monroe, Montgomery, Morgan, Perry,
Pickens, Pike, Randolph, Russell, St.
Clair, Shelby, Sumter, Talladega, Talla­
poosa, Tuscaloosa, Walker, Washington,
Wilcox, Winston.
Arkansas. Arkansas, Ashley, Chicot,
Clark, Cleburne, Conway, Craighead,
Crawford, Crittenden, Cross, Desha,
Faulkner, Franklin, Hempstead, Hot
Spring, Howard, Independence, Izard,
Jefferson, Lawrence, Lee, Lincoln, Little
River, Logan, Lonoke, Miller, Mississippi,
Nevada, Phillips, Poinsett, Pope, Pulaski,
Randolph, Saline, Scott, St. Francis, Se­
bastian, Sevier, Van Buren, Washington,
White, Yell.
Colorado. Mesa, Yuma.
Florida. Alachua, Bradford, Broward,
Charlotte, Citrus, Clay, Collier, Columbia,
De Soto, Duval, Flagler, Gilchrist, Glades,
Hardee, Hendry, Hernando, Highlands,
Hillsborough, Indian River, Jefferson,
Lafayette, Lake, Lee, Levy, Madison,
Manatee, Marion, Martin, Nassau, Okee­
chobee, Osceola, Palm Beach, Pinellas,
Polk, Putnam, St. Johns, St. Lucie, Sara­
sota, Suwanee, Union, Volusia.
Georgia. Baker, Baldwin, Barrow, Bar­
tow, Ben Hill, Berrien, Bibb, Bleckley,
Brooks, Calhoun, Carroll, Catoosa, Chat­
tooga, Cherokee, Clay, Clinch, Cobb, Cof­
fee, Colquitt, Columbia, Coweta, Crisp,
Dade, Dawson, Decatur, Dodge, Dooly,
Dougherty, Douglas, Early, Elbert,
Emanuel, Fayette, Floyd, Forsyth, Fulton,
Gilmer, Gordon, Grady, Gwinnett, Hall,
Hancock, Haralson, Harris, Hart, Heard,
Henry, Houston, Irwin, Jackson, Jasper,
Jefferson, Jenkins, Lamar, Lee, Lincoln,
Lowndes, Lumpkin, Macon, Madison,
22372
Marion, McDuffie, Meriwether, Miller,
Mitchell, Montgomery, Morgan, Murray,
Muscogee, Newton, Oconee, Oglethorpe,
Paulding, Pickens, Pierce, Pike, Polk,
Pulaski, Putnam, Quitman, Randolph,
Rockdale, Seminole, Spalding, Stewart,
Sumter, Talbot, Taliaferro, Tattnall,
Terrell, Thomas, Tift, Towns, Troup,
Turner, Union, Walker, Walton, Warren,
Webster, Whitfield, Wilcox, Wilkes,
Worth.
Idaho. Bannock, Bingham, Bonneville,
Butte, Cassia, Clark, Elmore, Franklin,
Fremont, Gem, Gooding, Jefferson, Je­
rome, Lincoln, Madison, Minidoka, Teton,
Twin Falls.
Illinois. Massac.
Iowa. Allamakee, Appanoose, Cerro
Gordo, Clayton, Crawford, Decatur, Del­
aware, Guthrie, Harrison, Jasper, Jef­
ferson, Jones, Monroe, Ringgold, Sac,
Sioux, Story, Union, Wayne.
Kansas. Allen, Anderson, Atchison,
Barber, Barton, Bourbon, Brown, But­
ler, Chase, Chautauqua, Cherokee, Chey­
enne, Clark, Clay, Cloud, Coffey, Cowley,
Crawford, Decatur, Dickinson, Douglas,
Edwards, Elk, Ellis, Ellsworth, Finney,
Franklin, Geary, Grant, Gray, Green­
wood, Hamilton, Harper, Harvey, Jack-
son, Jefferson, Jewell, Kearny, Kingman,
Kiowa, Labette, Leavenworth, Lincoln,
Linn, Lyon, Marion, McPherson, Meade,
Miami, Mitchell, Montgomery, Morris,
Morton, Nemaha, Neosho, Ness, Norton,
Osage, Osborne, Ottawa, Pottawatomie,
Pratt, Rawlins, Reno, Republic, Rice,
Rooks, Rush, Russell, Saline, Sedgwick,
Seward, Shawnee, Sherman, Smith,
Stafford, Stanton, Stevens, Sumner, W a­
baunsee, Wichita, Wilson, Woodson,
Wyandotte.
Kentucky. Adair, Allen, Anderson, Bal­
lard, Barren, Bath, Boone, Bourbon,
Boyd, Boyle, Bracken, Breckinridge,
Bullitt, Butler, Caldwell, CaHoway,
Carlisle, Carroll, Carter, Casey, Chris­
tian, d a rk , Clinton, Crittenden, Cum­
berland, Daviess, Elliott, Estill, Fayette,
Fleming, Franklin, Fulton, Gallatin,
Garrard, Grant, Graves, Grayson,
Green, Greenup, Hancock, Hardin, Har­
rison, Hart, Henderson, Henry, Hick­
man, Hopkins, Jefferson, Jessamine, La­
rue, Laurel, Lincoln, Livingston, Logan,
Lyon, Madison, Marion, Marshall, M a­
son, McCracken, McLean, Meade, Mer­
cer, Metcalfe, Monroe, Montgomery,
Muhlenberg, Nelson, Nicholas, Ohio, Old­
ham, Owen, Powell, Pulaski, Rockcastle,
Rowan, Russell, Scott, Shelby, Simpson,
Spencer, Taylor, Todd, Trigg, Union,
Warren, Washington, Wayne, Webster,
Woodford.
Mississippi. Adams, Amite, Attala,
Benton, Bolivar, Calhoun, Carroll,
Chickasaw, Choctaw, Claiborne, darke,
d a y , Coahoma, Copiah, Covington, De
Soto, Forrest, Franklin, George, Greene,
Grenada, Hinds, Holmes, Humphreys,
Issaquena, Itawamba, Jasper, Jefferson,
Jefferson Davis, Jones, Kemper, Lafay­
ette, Lamar, Lauderdale, Lawrence,
Leake, Lee, LeFlore, Lincoln, Lowndes,
Madison, Marion, Marshall, Monroe,
Montgomery, Neshoba, Newton, Noxubee,
Oktibbeha, Panola, Pearl River, Perry,
FEDERAL REGISTER. VOL. 4 2 . NO. 85— TUESDAY, MAY 3 . 1977
RULES AND REGULATIONS
Pike, Pontotoc, Prentiss, Quitman, Ran­ Live Oak, Lubbock, Lynn, McCulloch,
kin, Scott, Sharkey, Simpson, Smith, McLennan, McMullen, Madison, Marion,
Sunflower, Tallahatchie, Tate, Tippah, Martin, Matagorda, Maverick, Medina,
Tunica, Union, Walthall, Warren, Wash­ Menard, Midland, Milam,- Mills, Mitchell,
ington, Wayne, Webster, Wilkinson, Montague, Montgomery, Moore, Morris,
Winston, Yalobusha, Yazoo. Motley, Nacogdoches,- Navarro, -Nolan,
Missouri. Adair, Andrew, Atchison, Nueces, Ochiltree, Oldham, Orange, Palo
Barry, Barton, Bates, Benton, Bollinger, Pinto, Panola, Parker, Parmer, Polk, Pot­
Boone, Buchanan, Butler, Caldwell, Cal­ ter, Presidio, Rains, Randall, Real, Red
laway, Camden, Cape Girardeau, Car- River, Reeves, Refugio, Robertson, Rock­
roll, Carter, Cass, Cedar, Chariton, well, Runnels, Rusk, Sabine, San Augus­
Christian, Clark, Clay, Clinton, Cole, tine, San Jacinto, San Patricio, San
Cooper, Crawford, Dade, Dallas, Daviess, Saba, Schleicher, Scurry, Shackelford,
De Kalb, Dent, Douglas, Gentry, Greene, Shelby, Sherman, Smith, Somervell,
Grundy, Harrison, Henry, Holt, Howard, Starr, Stephens, Stonewall, Sutton,
Howell, Iron, Jasper, Jefferson, Johnson, Swisher, Tarrant, Taylor, Terry, Throck­
Knox, Lafayette, Lawrence, Lincoln, morton, Titus, Tom Green, Travis, Trin­
Linn, Livingston, Macon, Madison, M a­ ity, Tyler, Upshur, Upton, Uvalde, Van
ries, Marion, McDonald, Mercer, Mis­ Zandt, Victoria, Walker, Waller, Wash­
sissippi, Monroe, New Madird, Newton, ington, Webb, Wharton, Wheeler, Wich­
Nodaway, Oregon, Osage, Ozark, Pemi­ ita, Wilbarger, Willacy, Williamson, W il­
scot, Pettis, Phelps, Pike, Polk, Putnam, son, Wise, Wood, Yoakum, Young, Za­
Ralls, Randolph, Ray, Reynolds, Ripley, pata, Zavala.
St. Charles, St. Clair, St. Francois, St. Utah. Box Elder, Cache.
Genevieve, Saline, Scotland, Scott, Shan­ Wyoming. Lincoln.
non, Stoddard, Stone, Sullivan, Taney, Puerto Rico. Arecibo, Carolina, Hatillo,
Texas, Vernon, Warren, Washington, Las Piedras, Naguabo.
Wayne, Webster, Worth, Wright.
New Mexico. Chaves, Curry, De Baca, § 78.22 Noncertified areas.
Eddy, Guadalupe, Lea, Mora, Quay, The following States, or specified por­
Roosevelt, San Miguel, Union, Valencia. tions thereof, are hereby designated as
South Dakota. Jones, Stanley. Noncertified Brucellosis Areas ;■
Tennessee. Bedford, Benton, Bledsoe, (a) Entire States.
Bradley, Cannon, Carroll, Cheatham, (b) Specific Counties W ithin States.—
Chester, Clay, Cocke, Coffee, Crockett, Missouri: Morgan. Puerto R ico: Vieques.
Cumberland, Decatur, DeKalb, Dyer, (Secs. 4-7, 23 Stat. 32, as amended; secs. 1
Fayette, Franklin, Gibson, Giles, Ham­ and 2, 32 Stat. 791-792, as amended; sec. 3,
blen, Hamilton, Hardeman, Hardin, 33 Stat. 1265, as amended; sec. 2, 65 Stat.
Hawkins, Haywood, Henderson, Henry, 693; and secs. 3 and 11, 76 Stat. 130, 132
Hickman, Houston, Humphreys, Jack- (21 U.S.C. 111-113, 114a-l, 115, 117, 120, 121,
son, Lauderdale, Lawrence, Lewis, Lin­ 125, 134b, 134f), 37 FR 28464, 28477; 38 FR
coln, Loudon, Macon, Madison, Marion, 19141, 9 CFR 78.25.)
Marshall, Maury, McMinn, McNairy, The amendments impose certain re­
Monroe, Montgomery, Moore, Obion, strictions necessary to prevent the spread
Overton, Perry, Pickett, Putnam, Rhea, of brucellosis in cattle and relieve certain
Shelby, Smith, Stewart, Sumner, Tipton, restrictions presently imposed. They
Trousdale, Van Buren, Washington, should be made effective promptly in
Wayne, Weakley, Williamson, Wilson. order to accomplish their purpose in the
Texas. Anderson, Andrews, Angelina, public interest and to be of maximum
Aransas, Archer, Armstrong, Atascosa, benefit to persons subject to the re­
Austin, Bailey, Bandera, Bastrop, Baylor, strictions which are relieved. It does not
Bee, Bell, Bexar, Blanco, Borden, Bosque, appear that public participation in this
Bowie, Brazoria, Brazos, Briscoe, Brooks, rulemaking proceeding would make addi­
Brown, Burleson, Burnet, Caldwell, Cal­ tional relevant information available to
houn, Callahan, Cameron, Camp, Car- the Department.
son, Cass, Castro, Chambers, Cherokee, Accordingly, under the administrative
Clay, Cochran, Coke, Coleman, Collin, procedure provisions of 5 U.S.C. 553, it is
Collingsworth, Colorado, Comanche, found upon good cause that notice and
Concho, Cooke, Coryell, Cottle, Crockett, other public procedure with respect to
Crosby, Culberson, Dallam, Dallas, Daw­ the amendments are impracticable, un­
son, Deaf Smith, Delta, Denton, De Witt, necessary, and contrary to the public in­
Dickens, Dimmitt, Donley, Duval, East- terest, and good cause is found for mak­
land, Edwards, Ellis, El Paso, Erath, ing them effective less than 30 days after
Falls, Fannin, Fayette, Fisher, Floyd, publication in the F ederal R egister .
Foard, Fort Bend, Franklin, Freestone,
Frio, Gaines, Galveston, Garza, Gillespie, Done at Washington, D.C., this 28th
Glasscock, Goliad, Gonzales, Grayson, day of April 1977.
Gregg, Grimes, Guadalupe, Hale, Hall, The Animal and Plant Health Inspec­
Hamilton, Hardeman, Hardin, Harris, tion Service has determined that this
Harrison, Haskell, Hays, Henderson, H i­ document does not. contain a major pro­
dalgo, Hill, Hockley, Hood, Hopkins, posal requiring preparation of an Infla­
Houston,, Howard, Hudspeth, Hunt, tion Impact Statement under Executive
Hutchinson, Jack, Jackson, Jasper, Jef­ Order 11821 and OMB Circular A-107.
ferson, Jim Hogg, Jim Wells, Johnson,
Jones, Karnes, Kaufman, Kendall, E. A . S c h il f ,
Acting Deputy Administrator,
Kenedy, Kent, King, Kinney, Kleberg,
Knox, Lamar, Lamb, Lampasas, La Salle, Veterinary Services.
Lavaca, Lee, Leon, Liberty, Limestone, [F R Doc.77-12654 Filed 5-2-77:8:45 am]
 RULES AND REGULATIONS 22373

CHAPTER III— FOOD SAFETY AND QUAL­ in the F ederal R e g ister (42 FR 20165) .footnote 2 to table in § 381.147(f) (3),
ITY SERVICE, MEAT AND POULTRY transferring the responsibility fo r the footnote to § 381.151(c) (2) (i), § 381.179
INSPECTION, DEPARTMENT OF AGRI­ inspection of meat and poultry products (a ), §381.181, § 381.194(c), §381.198,
CULTURE from the former Animal and Plant § 381.200(f), § 381.205(c), and §381.222
Health Inspection Service into a new (d )(3 ) o f Subchapter C, “ Animal and
INSPECTION OF MEAT AND POULTRY Food Safety and Quality Service. A c­ Plant Health Inspection Service” is
PRODUCTS, cordingly, the provisions o f Chapter III, changed to “ Food Safety and Quality
Realignment of Agency and Program 9 CFR, are amended as follows, pursuant Service.”
Responsibilities to said notice and the statutory author­ 5. In § 390.1(b), § 391.1(b), and § 391.1
AGENCY: Department o f Agriculture, ity under which the provisions o f Chap­ (c) o f Subchapter D, “ Animal and Plant
Food Safety and Quality Service, Meat ter III, 9 CFR were issued: Health Inspection Service” is changed
and Poultry Inspection. 1. The designation of Chapter I I I of to “ Food Safety and Quality Service.”
Title 9 is changed to read as set forth These amendments are organizational
ACTION: Final rule. in the heading of this document. in nature. They reflect the transfer of
SUMMARY: On April 18, 1977, a notice 2. In § 301.2(d), § 301.2(e), § 301.2(f), certain functions o f the former Animal
was published in the F ederal R egister § 307.5(a), footnote to § 308.3(h), § 308.5 and Plant Health Inspection Service to
(42 FR 20165) transferring the responsi­ ( c ) , footnote to § 308.8(c), footnote to the newly established Food Safety and
bility for the inspection of meat and § 310.9(e) (1 ), footnotes 1 and 2 to table Quality Service. The amendments do not
poultry products from the Animal and in § 318.7(c)(4), footnote to § 318.14(b) substantially affect any member o f the
Plant Health Inspection Service into a and (c) (2) ( i ) , § 320.5(a), § 320.7, § 325.- public. Accordingly, under the adminis­
new Food Safety and Quality Service., 1 1 (b )(2 ), footnote to § 325.13(a) (2), trative procedure provisions in 5 U.S.C.
§ 325.18(b), footnote to § 325.20(b),
Accordingly, the provisions o f Chapter § 327.5(a), § 327.6(b), § 327.6(c), §327.7 553, it is found upon good cause that no­
tice and other public procedure concern­
III, 9 CFR, are amended to change the (h ), footnote to § 327.12(c), § 327.14(c), ing the amendments are impracticable
appropriate references from the Animal § 327.17, footnote to § 327.21(a) (2), and unnecessary, and good cause is
and Plant Health Inspection Service to footnote to §327.21 (b ), (c ), and (d ), found for making the amendments e f­
the Food Safety and Quality Service. and § 331.3(e) (3) of Subchapter A, “ Ani­ fective less than 30 days after publica­
mal and Plant Health Inspection Serv­ tion in the F ederal R e g iste r .
EFFECTIVE DATE: March 14, 1977. ice” is changed to “ Food Safety and
N ote.— The Department o f Agriculture has
FOR FU RTHER IN FO RM ATIO N CON­ Quality Service.” determined that this document does not
TACT: 3. In § 350.2(b), § 350.3(a) (4 ), §351.2 contain a major proposal requiring prepara­
(b ), § 351.2(c), § 354.1(c), § 354.1 (u ), tion o f an Inflation Review Statement under
Dr. W. J. Minor, Chief Staff Officer, Is­ §354.1(ee), § 354.3, § 354.100(b), §355.2 Executive Order 11821 and OMB Circular
suance Coordination Staff, Technical (b ), § 355.2 (r ), § 355.5, and § 362.3 of A—107.
Services, Meat and Poultry Inspection Subchapter B, “ Animal and Plant Health
Program, Food Safety and Quality Inspection Service” is changed to “Food Done at Washington, D.C., on: April
Service, U.S. Department of Agricul­ Safety and Quality Service.” 29, 1977.
ture, Washington, D.C. 20250, 202-447- 4. In § 381.1(b) (3 ), footnote to § 381.1 C a r o l T uck e r F o r e m a n ,
6189. (b) (27) ( i i ) , § 381.11 ( a ) , § 381.17, § 381.34 Assistant Secretary for
SUPPLEMENTARY IN FO RM ATIO N: ( d ) , § 381.38(a), § 381.53(a) (3), foot­ Food and Consumer Services.
On April 18,1977, a notice was published note 2 to § 381.66(d) (8 ), § 381.135(b), [P R Doc.77-12811 Piled 5-2-77;8:45 am]

FEDERAL REGISTER, VOL. 4 2 , NO. 85— TUESDAY, MAY 3, 1977

 22374
This section of the FED ERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of
these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules.
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
[ 9 CFR Parts 1 ,2 , and 3 ]
ANIMAL WELFARE
Proposed Standards and Regulations for
Transportation and Handling, Care, and
Treatment in Connection Therewith, of
Dogs, Cats, Rabbits, Hamsters, Guinea
Pigs, Nonhuman Primates, and Certain
Other Warmblooded Animals; Extension
of Time
AGENCY: Animal and Plant Health In ­
spection Service, USDA.
ACTIO N: Proposed rulemaking; i.e., ex­
tension o f comment period.
SUM M ARY: This notice extends the
time period fo r submitting written com­
ments on the notice published March 18,
1977 (43 FR 15210-15221), proposing
new and revised standards and regula­
tions under the Animal W elfare Act con­
cerning the transportation and han­
dling, care, and treatment in connection
therewith, o f dogs, cats, rabbits, ham­
sters, guinea pigs, nonhuman primates,
and certain other warmblooded animals
in commerce. Certain representatives of
carriers, breeders, USDA licensed deal­
ers, and other related industries have re­
quested that the comment period be ex­
tended in 6rder to give them adequate
time-to obtain relevant data and infor­
mation and to develop sound views and
comments. This document is to provide
an extension of the comment period as
requested.
DATE: Comments on or before May 9,
1977.
ADDRESS: Send comments to: Deputy
Administrator, USDA, APHIS, VS, Room
703, Federal Building, 6505 Belcrest
Road, Hyattsville, Md. 20782.
FOR FU RTHER IN FO RM ATIO N CON­
TA C T:
Dr. Dale F. Schwindaman, Senior
Staff Veterinarian, Animal Care Staff,
Animal and Plant Health Inspection
Service, Veterinary Services, USDA,
Room 703, Federal Building, 6505 Bel­
crest Road, Hyattsville, Md. 20782.
(301) 436-8271.
SUPPLEM ENTARY IN FO RM ATIO N:
Notice was given March 18, 1977 (42 FR
15210-15221), o f proposed new and re­
vised standards and regulations under
the Animal W elfare Act concerning the
transportation and handling, care, and
treatment in connection therewith, of
dogs, cats, rabbits, hamsters, guinea pigs,
nonhuman primates and certain other
warmblooded animals in commerce to
conform to the Animal W elfare Act
FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, MAY 3, 1977
proposed rules
Amendments of 1976 (Pub. L. 94-279)
enacted on April 22, 1976.
This proposal provided for receipt of
comments on or before April 22, 1977.
In response to this notice, requests
were received from representatives of
carriers, breeders, USDA licensed deal­
ers, and other related industries for ad­
ditional time in which to obtain relevant
data and information and to develop
sound views and comments. Since the
Department is interested in receiving
meaningful views and comments, these
circumstances are considered justifica­
tion for an extension of the time period
originally allotted for submitting views
and comments.
Done at Washington, D.C., this 28th
day o f April 1977.
E. A . S c h il f ,
Acting Deputy Administrator,
Veterinary Services.
[P R Doc.77-12655 Piled 5-2-77:8:45 am]
FEDERAL ENERGY
ADMINISTRATION
[ 10 CFR Part 2 1 2 ]
RETAIL GASOLINE SALES
Pass-Through of Service Station Rent
Increases
AGENCY: Federal Energy Administra­
tion.
A C T IO N : Notice o f withdrawal of pro­
posed rent guidelines and notice of pro­
posed rulemaking and public hearing.
SUM M ARY: The Federal Energy Ad­
ministration (FE A) hereby withdraws a
proposal issued on December . 24, 1975,
calling for public participation in devel­
opment of service station rent guidelines
to aid FEA in determining what rent in­
creases and rental practices might be
construed by FEA as constituting a
means to obtain prices higher than those
permitted under the price regulations.
FEA also hereby gives notice of a pro­
posal to amend its regulations to permit
service station rent increases to be passed
through in sales at the retail level, with­
out regard to the three cent-per-gallon
maximum currently authorized to reflect
non-product cost increases; due to the
significant increases in service station
rents which have occurred over the ap­
proximately 18 months since FEA’s serv­
ice station rent regulations were revoked.
D ATES: Comments by Monday, June 20,
1977, 4:30 p.m.; Requests to speak by
Wednesday, June 8, 1977, 4:30 p.m.;
Hearing will be held Tuesday, June 21,
1977, 9:30 a.m.
ADDRESSES: Comments and requests
to speak to: Executive Communications,
Room 3317, Federal Energy Administra­
tion, Box ME, Washington, D.C. 20461.
Hearing will be held at Room 2105,
2000 M Street NW., Washington, D.C.
20461.
FO R FURTHER IN FO RM ATIO N CON­
TA C T :
, Robert C. Gillette (Hearing Proce­
dures), 2000 M Street NW., Room
2214B, Washington, D.C. 20461, 202-
254-5201.
Ed Vilade (Media Relations), 12th and
Pennsylvania Avenue NW., Room 3104,
Washington, D.C. 20461, 202-566-9833.
Chuck Boehl (Program Office), 2000
M Street NW., Room 2304, Washing­
ton, D.C. 20461, 202-254-7200.
Richard S. Greene (Office of General
Counsel), 12th and Pennsylvania Ave­
nue NW., Room 5138, Washington,
D.C. 20461, 202-566-9567.
SUPPLEM ENTARY IN FO RM ATIO N: A.
Background; B. Rent Guidelines; C. Pro­
posal for Pass-Through o f Rent In­
creases; D. Comment Procedures.
A. B ackgro und
Prior to November 11,1975, FEA and its
predecessor agencies regulated gasoline
service station rents in conjunction with
gasoline prices to the retail dealer. Ap­
plicable regulations generally provided
that gasoline service station rents were
frozen at the “ base rent” level (the rent
charged under contract terms prevailing
on May 15, 1973). Often those contract
terms stated a base rent in terms of a
cent-per-gallon rate (e.g., two cents per
gallon of gasoline sold), and in such
cases it was this rate which was frozen
under applicable regulations rather than
an absolute dollar rental amount.
This system of conjunctive rent con­
trol was begun by the Cost of Living
Council on August 19, 1973, and, pur­
suant to the Council’s broad authority
under the Economic Stabilization Act of
1971, applied initially to all leased real
property used in the retailing of gaso­
line. When the Economic Stabilization
Act expired on April 30, 1974, the Fed­
eral Energy Office, as successor to the
Council, narrowed the scope of these
regulations to conform with the price
control authority surviving under the
Emergency Petroleum Allocation Act of
1973 ( “ EPAA” ) , so that, beginning May 1.
1974, rent controls applied only in those
cases in which both the lessor and lessee
of real property were subject to the
petroleum price regulations as refiners,
resellers, reseller-retailers or retailers of
covered products. Although the EPAA
did not provide express authority to
regulate service station rents, FEO/FEA
took the position that, due to the direct

and inextricable relationship between
the prices charged to dealers for gasoline
and their service station rents, it was
necessary to continue to regulate rental
terms in the petroleum retailing indus­
try in order to carry out effectively the
EPAA mandate to allocate petroleum
products at equitable prices.
On September 30, 1975, FEA issued
proposed amendments to the rent regu­
lations (40 FR 47147, October 8, 1975)
which, if adopted, would have, among
other things, provided for limited rent
increases by (1) permitting the base rent
to be increased in those cases in which
a temporary rent modification agreement
was in effect on May 15, 1973, and the
circumstances which gave rise to that
modification ho longer exist, and (2)
permitting the lessor to recover increased
costs relating to the rental of real prop­
erty by increasing the rent above the
base rent, while permitting the lessee to
pass through rent increases above the
base rent as a non-product cost increase
not subject to the cent-per-gallon maxi­
mum otherwise applicable to non-pro­
duct cost increases under 10 CFR 212.93
(b). In addition, FEA at that time re­
quested comment on how costs related
to installation of EPA-mandated vapor
recovery equipment were being handled
as between lessors and lessees, with a
view toward possible modification of the
rent increase proposal to take into ac­
count these special costs.
On November 11, 1975, the Temporary
Emergency Court o f Appeals, in the case
of Shell Oil Co. v. FEA, 527 F. 2d 1243,
enjoined FEA from enforcing its rent
regulations upon Shell on the ground
that those regulations, as applied to
rentals charged by Shell Oil Co., were
beyond the scope of FEA’s statutory au­
thority. In reaching this •decision, the
court commented that FEA possessed
regulatory authority outside its rent reg­
ulations to deal effectively with the pos­
sibility of gasoline price increases “ hid­
den” in rent increases. The court stated
that Min any instance in which FEA be­
lieves a lessor who supplies gasoline to
its lessee has raised its rents as a means
of obtaining a higher price for its gaso­
line that would otherwise be allowed
* * FEA could take action under
10 CFR 210.62(c), a general provision
which prohibits “ [a ]n y practice which
constitutes a means to obtain a price
higher than is permitted by the regu­
lations in this chapter * *
FEA subsequently revoked its rent reg­
ulations effective November 11, 1975, the
date of the Shell decision (40 FR 60036,
December 31, 1975), in view o f the de­
cision in the Shell case and in order to
assure the equal application of that de­
cision to all firms. At the same time, FEA
withdrew the rulemaking then pending
concerning rent increases under the rent
regulations but save the question of va­
por recovery equipment costs for fur­
ther review and consideration.
FEA also at that time called for public
Participation in the development of “ rent
guidelines” to aid FEA in determining
what rent increases and rental practices
»light be construed by FEA as consti­
FEDERAL REGISTER, VOL. 42 . NO. 85— TUESDAY, MAY 3, 1977
PROPOSED RULES
tuting a means to obtain prices higher
than those permitted under the regula­
tions in violation of 10 CFR 210.62(c).
B. R e n t G u id e l in e s
Several factors contributed to the de­
lay in developing rent guidelines and
the ultimate decision as reflected in to­
day’s action to withdraw the “ guidelines”
proposal.
First, comment received in response to
FEA’s proposal was not as useful as FEA
would have wished. FEA received only
19 written comments in response to its
invitation to the public to participate in
the development of rent guidelines under
10 CFR 210.62(c). Five of the comments
were noilresponsive (e.g., comments
which simply objected to individual rent
increases instituted or planned by the
lessor concerned, without proposing spe­
cific rent guidelines) and eight comments
essentially opposed the concept of insti­
tuting rent guidelines. O f the remaining
comments, most discussed rent guide­
lines in very broad terms such as per­
mitting rental levels which reflect “ a
fair return on investment” or the “ fair
market value” of the leased property.
Thus, the comments which actually pro­
posed rent guidelines were either too few
to qualify as adequately representing the
views of affected segments of the industry
or too general to be of significant use to
FEA in developing rent guidelines.
Some of the firms which opposed the
development of rent guidelines took the
position that FEA was merely proposing
to do indirectly what the court in the
Shell case indicated was beyond FEA’s
authority to do— i.e., control rents
charged in the leasing o f service station
property. However, FEA made it clear
that its proposal was not to regulate
service station rents per se, directly or
indirectly, but only to develop guidelines
in aid o f its undisputed authority under
§ 210.62(c), in order to determine wheth­
er rent increases or rental practices “ con-
stituteldl a means to obtain a price
higher than is permitted under the regu­
lations” applicable to sales of gasoline to
the retail dealer. In other words, the pro­
posal essentially related to implementa­
tion of FEA’s authority over gasoline
prices, and FEA’s authority to challenge
circumvention o f its existing price regu­
lations, rather than to the control of
service station rents as such. It should be
remembered in this connection that
§ 210.62(c) was specifically cited, in the
Shell decision itself, as providing the ap­
propriate means by which gasoline price
increases “ hidden” in service station rent
increases could be challenged by PEA.
Second, FEA has been unable, in the
absence of sufficient comment and as­
sistance from lessors and lessees in the
industry, to develop detailed or specific
guidelines for general use. The situation
is, of course, complicated by the fact
that many lessors have imposed “ catch­
up” rent increases which take into ac­
count the approximately two and one-
half years during which rental rates
were frozen under FEA service station
rent regulations in effect until November
11, 1975. In addition, the period between
22375
May 15, 1973, and the end of 1975 was a
period during which costs and market
values increased substantially in many
cases. Thus, while FEA is sympattietic
toward complaints received concerning
large rent increases, FEA now believes,
based on further reflection, that it does
not appear realistic, under the circum­
stances noted above, to attempt to estab­
lish any uniform quantitative limits
above which rent increases might appear
to be suspect under § 210.62(c). In FEA’s
view, competitive forces should normally
prevent new rent levels from exceeding
those which reflect reasonable rates of
return based on current market levels.
Third, FEA’s authority in this area has
been somewhat clouded, until recently,
by court decisions following the ruling
in the Shell case. The Temporary Emer­
gency Court o f Appeals on- April 7, 1976,
stated in the case of Atlantic Richfield
Co. v. Zarb, 532 F. 2d 1363, that “ FEA
simply has no authority to regulate di­
rectly or indirectly the use of real prop­
erty, or the leasing of service station
property” (emphasis added). Later, in
construing paragraph (a) of § 210.62, an
anti-circumvention provision which gen­
erally prohibits the imposition of more
stringent credit terms on purchasers o f
petroleum products, a U.S. district court
in the case of Marathon Oil Co. v. FEA,
(Northern District o f Ohio, W.D., Civ.
74-316) held that § 210.62(a) was in­
valid as beyond the scope of FEA’s au­
thority, to the extent that it regulates the
credit terms which a supplier of petro­
leum products may apply to a purchaser
thereof.
On December 6, 1976, however, the
Marathon decision was reversed and re­
manded by the Temporary Emergency
Court o f Appeals (TECA No. 6-11). The
appeals court said the district court had
not sufficiently recognized the distinction
between
* * * power to regulate credit terms per se
and power to regulate such terms as a reason­
able and non-arbitrary, non-capricious
means o f more effectively regulating the
pricing and allocation o f petroleum products
to achieve the objectives o f * * * expressly
granted power (w ith respect to pricing and
allocation).
This express distinction with respect to
credit terms under § 210.62(a) appears
to be the same distinction which the
Temporary Emergency Court of Appeals
impliedly made with respect to rental
terms in the Shell case when it found
FEA’s rent regulations beyond FEA’s
statutory authority but at the same time
pointed to § 210.62(b) as a valid and ap­
propriate basis for challenging rent in­
creases which appeared to circumvent
FEA’s gasoline price regulations. Thus,
although FEA’s rent regulations (10 CFR
Part 212, Subpart G ) were never in­
tended as rent regulations per se, the
import of the Shell and Marathon cases
evidently is that the Temporary Emer­
gency Court of Appeals believed them
to have this effect in the situation pre­
sented in Shell.
Based on all the foregoing considera­
tions, FEA believes that it retains author­
ity under § 210.62(b) to investigate
22376
dealer complaints concerning alleged ex­
cessive rent increases and to take ap­
propriate administrative or other action,
as stated in the Shell case,
* * * in any instance in which PEA be­
lieves a lessor who supplies gasoline to its
lessee has raised its rents as a means of ob­
taining a higher price for its gasoline than
would otherwise be allowed * * * .....
However, FEA regional compliance offices
receiving such complaints must be guided
in this respect by the general guidelines
set forth in the Shell and Marathon de­
cisions and by reasonable rates of return
based on current market values in each
locale and local rental rates for similar
properties.
C. P r oposal for P ass - T h r o u g h of
I ncreases
In view of the various considerations
noted in Sections A and B, above, FEA is
considering a proposal to permit retail
gasoline dealers to pass through in­
creased rental charges without regard to
the three cent-per-gallon maximum au­
thorized under § 212.93(b) (1) to reflect
increased nonproduct costs. This pro­
posal is intended to help ease the burden
on retail dealers subject to Subpart F
of the price regulations, who have in­
curred substantially increased rental
rates over the past year or more with no
corresponding increase in the maximum
amount permitted to be charged to re­
flect non-product cost increases. FEA
also proposes to extend this relief to re­
finers with company-owned retail outlets
in certain case, (as discussed above), by
a parallel amendment with respect to the
three cent-per-gallon maximum author­
ized under § 212.83(c) (2) (E) to reflect
marketing cost increases in connection
with retail sales of gasoline.
Issue No. 1. When FEA formally re­
viewed in 1975 the question of the ade­
quacy or inadequacy of the three cent/
gallon maximum price increment to re­
flect retail gasoline dealers’ .non-product
cost increases, it concluded that no in­
crease in the three cent/gallon maximum
was warranted at that time (40 FR 54561,
November 25, 1975). In reaching that
decision, FEA noted that significant
nonproduct cost increases were being
absorbed by retail dealers due to compe­
tition and other marketing factors.
Dealers had increased their gross mar­
gins, on the average, by only 1.5 cent/
gallon in 1975 over the average margins
prevailing in May, 1973, despite the more
than three cent/gallon increase in oper­
ating costs.
FEA’s “Preliminary Findings and
Views Concerning the Exemption of
Motor Gasoline,’’ issued in November,
1976, in connection with FEA’s notice of
proposed rulemaking and public hearing
on this subject (41 F R 51832, November
24, 1976), indicated that dealer margins
have now returned to May 15, 1973,
levels and that market forces have con­
tinued to hold gasoline prices signif­
icantly below those permitted by price
controls.
FEA requests comment on whether, in
view of the market situation as indicated
PROPOSED RULES
above, an increase in retail dealers’ ceil­
ing prices to reflect rent increases can
be expected actually to provide, price re­
lief to retail dealers or whether market
forces will continue to constrain pass­
through of increased non-product costs
at levels below those authorized by FEA.
Issue No. 2. FEA understands that in
most cases service station rental rates
are expressed in terms of cents per gal­
lon of gasoline sold. Thus, if the rent
increase is, for example, 1.5 cent/gallon,
it would be easy for the dealer to deter­
mine the increase in his ceiling price
since both product and non-product cost
increases under current regulations as
well as ceiling prices are measured in
cent-per-gallon terms.
R ent
However, in those cases in which rental
increases have been expressed in gross
dollar terms or on some basis other
than strictly cents-per-gallon, it may be
difficult for the dealer to translate this
“ lump-sum” increased cost into a valid
cent-per-gallon increase in the ceiling
price unless specific guidance is provided
by FEA. FEA therefore requests infor­
mation on rent increase formulas cur­
rently in use which are expressed in
terms other than cents per gallon of
gasoline purchased or sold and requests
comment on how a cent-per-gallon in­
crease in the ceiling price to reflect rent
increases might be validly determined in
these cases. FEA also requests comment
on whether it would be desirable to im­
pose a cent-per-gallon maximum to re­
flect allowable rent increases, like the
cent-per-gallon maximum to reflect
non-product cost increases, in view of
possible inability to calculate rent in­
creases on a cent-per-gallon basis in
some cases, or whether the rule in this
respect should permit the passthrough
of whatever unit rent increases have
been incurred.
Issue No. 3. FEA proposes to extend
relief with respect to rent increases pri­
marily to independent retail gasoline
dealers who have no control over rent
increases charged by their lessors. In
addition, some refiners maintain sig­
nificant numbers of company-operated
service stations which are rented from
third parties not controlled by the re­
finer, and FEA believes it is appropriate
to extend the proposed relief to these
cases also. It would not appear appro­
priate, however, to extend relief where
the refiner is the lessor, or where the
lessor is controlled by the refiner, since
in such cases the amount of the rent in­
crease would not represent a true “ out­
side” cost to the refiner. Generally,
“ costs” under the price control regula­
tions are restricted to “ outside” costs
of the “firm” concerned and not “ costs”
as represented in intra-firm sales or
other inter-firm transactions. Comment
on this approach is requested.
Issue No. 4. As noted in Section A,
above, FEA has under continuing review
the question of how costs of government-
mandated vapor-recovery equipment are
being borne, with a view toward possible
amendment to the regulations relating
to pass-through of those costs. It was
initially anticipated that an amendment
FEDERAL REGISTER. VOL. 42 . NO. 85— TUESDAY, MAY 3, 1977
in this respect might be promulgated as
an amendment to the rent regulations
(now revoked) or as an amendment to
the price regulations under Subpart F.
Under current regulations, the costs as­
sociated with purchase, installation and
operation of vapor-recovery equipment
are non-product costs and are therefore
subject to all restrictions applicable to
non-product cost increases.
In its notice of proposed rulemaking
concerning amendment to the rent regu­
lations (40 FR 47147, October 8, 1975),
FEA stated as follows:
* * * FEA has observed, in connection
with its review of the present rental regula­
tions, that certain refiners, resellers, reseller-
retailers and retailers are incurring expenses
resulting from installation of vapor recovery
equipment required by the Environmental
Protection Agency. In some cases, refiners are
apparently installing the equipment and
seeking to recover from their retailer-lessees
the cost of the equipment. In other cases,
retail dealers have been required to install
such equipment at their own expense. FEA
hereby solicits comments describing the ar­
rangements for purchasing, installing and
financing the costs o f vapor recovery equip­
ment, particularly any terms proposed by re­
finers for recovering these costs from their
gasoline retailer-lessees. Relevant considera­
tions include who is bearing the initial costs
o f purchasing and installing vapor recovery
equipment, whether these costs ultimately
fall on retail gasoline dealers and whether
and in what manner such costs should be
passed through in the form of increased
prices by refiners or by retailers. Depending
upon comment provided in this connection
and other relevant considerations, the FEA
may modify the present proposal to also take
into account the costs o f vapor recovery
equipment.
Comment received on this subject in­
dicated that the costs associated with
vapor-recovery equipment generally fall
on retail dealers ultimately. However, in
view of the passage of time since these
comments were received, and the some­
what different context in which this sub­
ject is now being considered, it is re­
quested that interested persons again
submit comments with regard to these
questions. In particular, FEA wishes to
know whether rent increases reflect costs
associated with vapor-recovery equip­
ment being borne by the lessor as owner
of the real property on which such
equipment has been or is being installed,
or whether lessors are passing through
costs associated with vapor-recovery
equipment to the lessee under separate
contractual arrangements.
Eecause of the small size and large
numbers of retail dealers in the nation,
the interests of retail dealers affected by
proposed rule changes are generally best
represented before FEA by retail dealer
associations, retail dealer marketing/
managempnt firms, and larger dealers.
While all dealers as well as other inter­
ested persons are invited to participate
in this rulemaking proceeding, FEA is
aware that the views of larger numbers
of dealers can be represented by dealer
associations or dealer management firms
compared with individual participation
by dealers. FEA therefore requests that,
to the extent possible, such associations
 PROPOSED RULES 22377

on the number of persons requesting to quires an evaluation of its inflationary

or firms which wish to participate in this impact pursuant to Executive Order
proceeding attempt by surveys or other be heard.
means to solicit views of and data from An FEA official will be designated to 11821.
individual dealers in advance of submis­ preside at the hearings. These will not (Emergency Petroleum Allocation Act of
sion of comment or in advance of oral be judicial or evidentiary-type hearings. 1973, Pub. L. 93-159, as amended, Pub. L.
Questions may be asked only by those 93- 511, Pub. L. 94-99, Pub. L. 94-133, Pub. L.
presentations. FEA wishes to obtain as 94- 163, and Pub. L. 94-385; Federal Energy
wide a sampling of views and data from conducting the hearings, and there will
Administration Act o f 1974, Pub. L. 93—275,
dealers as possible. Accordingly, FEA be no cross-examination of persons pre­ as amended, Pub. L. 94-385; Energy Policy
has provided additional time in which to senting statements. Any decision made and Conservation Act, Pub. L. 94-163, as
submit comment in this matter. by the FEA with respect to the subject amended, Pub. L. 94-385; E.O. 11790, 39 FR
matter of the hearings will be based on 23185.)
D. C o m m e n t P rocedures all information available to the FEA. A t
In consideration of the foregoing, it is
1. W ritten Comments. Interested per­ the conclusion of all initial oral state­
proposed to amend Part 212 of Chapter
sons are invited to participate in this ments, each person who has made an I I of Title 10 of the Code o f Federal
rulemaking by submitting data, views or oral statement will be given the oppor­
arguments with respect to the proposals tunity, if he so desires, to make a rebut­ Regulations' as set forth below.
Issued in Washington, D.C., April 26,
set forth in this notice. Comments should tal statement. The rebuttal statements
be identified on the outside envelope and will begiven in the order in which the 1977.
E r ic J. F y g i ,
on documents submitted with the desig­ initial statements were made and will be Acting General Counsel,
nation “ Retail Gasoline Sales; Pass- subject to time limitations. Federal Energy Administration.
Through of Service Station Rent In ­ Any interested person may submit
creases,” Box ME. Fifteen copies should questions to be asked of any person mak­ 1. Section 212.83(c) (2) (iii) (E) is
be submitted. All comments received by ing a statement at the hearings, to Exec­ amended in the definition of “ Ft*” by
FEA will be available for public inspec­ utive Communications, FEA, before 4:30 adding a new subparagraph (ID (cc) to
tion in the FEA Reading Room, Room p.m., e.d.t., Thursday, June 16, 1977. Any read as follows:
2107, Federal Building, 12th & Pennsyl­ person who wishes to ask a question at §212.83 Price rule.
vania Avenue, N.W. between the hours of the hearings may submit the question, in * * ♦ * *
8:00 a.m. and 4:30 p.m., Monday through writing, to the presiding, officer. Tbe FEA
Friday. or the presiding officer, if the question is (c) Allocation of increased costs. * * *
Any information or data considered by submitted at the hearings, will deter­ (2) Formulae. * * *
the person furnishing it to be confiden­ mine whether the question is relevant, (iii) Definitions. * * *
tial must be so identified and submitted and whether the time limitations permit (E ) The "N ” Factor. * * * F ,4 = * * *
in writing, one copy only. The FEA re­ it to be presented for answer. (ii) * * *
serves the right to determine the con­ Any further procedural rules needed (cc) Allow an increase in the price o f gaso­
fidential status of the information or for the proper conduct of the hearings line above the prices otherwise permitted to
be charged for gasoline pursuant to this part
data and to treat it according to its de­ will be announced by the presiding of­ (including paragraphs ( I ) and ( I I ) (aa) o f
termination. ficer. this definition) by an amount not in excess
2. Public Hearings—a. Request P ro­ A transcript of the hearings will be o f __cents per gallon with respect to retail
cedure. The times and places fo r the made and the entire record <sf the hear­ sales to reflect “ increased rental costs” by
hearings are indicated in the dates sec­ ings, including the transcript, will be "independent lessors” (as these terms are de­
tion of this preamble. I f necessary to retained by the FEA and made available fined in § 212.92)j and
present all testimony, the hearing will be for inspection at the Freedom of Infor­ 2. Section 212.92 is amended by adding,
continued to 9:30 a.m. of the next busi­ mation Office, Room 2107, Federal Build­ in appropriate alphabetical order, the
ness day following the date of the hear­ ing, 12th and Pennsylvania Avenue, following definition:
ing. N.W., Washington, D.C., between the
§ 212.92 Definitions.
Any person who has an interest in the hours of 8:00 a.m. and 4:30 p.m., Monday
proposed amendments issued today, or through Friday. Any person may pur­ * * * * *
who is a representative o f a group or chase a copy of the transcript from the “ Increased rental costs" means that
class of persons that has an interest in reporter. amount, stated in terms of cents per gal­
today’s proposed amendments, may In the event that it becomes necessary lon of gasoline sold by the lessee con­
make a written request for an opportu­ for the FEA to cancel a hearing, FEA cerned, which reflects the rent charged
nity to make oral presentation. The per­ will make every effort to publish advance by an independent lessor in excess of-
son making the request should be pre­ notice in the F ederal R egister of such rent charged by that lessor on November
pared to describe the interest concerned, cancellation. Moreover, FEA will notify 10, 1975, with respect to the same real
if appropriate, to state why he or she is all persons scheduled to testify at the property leased for purposes of retail
a proper representative -of a group or hearings. However, it is not possible for gasoline sales. For purposes of this para­
class of persons that has such an inter­ FEA to give actual notice of cancella­ graph, “ independent lessor” means a les­
est, and to give a concise summary of tions or changes to persons not identified sor whi:h is not directly or indirectly
the proposed oral presentation and a to FEA as participants. Accordingly, per­ controlled by the lessee concerned or by
Phone number where he or she may be sons desiring to attend a hearing are any firm which directly or indirectly con­
contacted through the day before the advised to contact FEA on the last work­ trols that lessee.
hearing. ing day preceding the date of the hear­ * * * * *
Each person selected to be heard will ing to confirm that it will be held as 3. Section 212.93 is amended by add­
be so notified by the FEA before 4:30 scheduled. ing a new paragraph (b) (1) (ii) (C ) to
P.m., e.d.t., Friday, June 10, 1977 and As required by section 7 (c )(2 ) of the
read as follows:
must submit 100 copies of his or her Federal Energy Administration Act of
statement to Regulations Management, 1974, Pub. L. 93-275, a copy of this no­ §212.93 Price rule.
Room 2214, 2000 M Street, N.W., Wash­ tice has been submitted to the Adminis­ * .* * * *
ington, D.C., before 4:30 p.m., e.d.t., trator of the Environmental Protection (b) * * *
Monday, June 20, 1977. Agency for his comments concerning the (D * * *
b. Conduct of the Hearings. The FEAimpact of this proposal on the quality of (ii) * * *
reserves the right to select the persons the environment. The Administrator had (C) B egin n in g____________ , 1977, in
to be heard at these hearings, to sched­ no comments on this proposal. retail sales of gasoline, a seller may
ule their respective presentations, and to This proposal has been reviewed in ac­ c h a r g e _cents per gallon of gasoline
establish the procedures governing the cordance with Executive Order 11821, is­ in excess of the amount otherwise per­
conduct of the hearings. The length of sued November 24, 1974, and has been mitted to be charged for that item pur­
each presentation may be limited, based determined not to be of a nature that re- suant to this section, to reflect increased

FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, MAY 3, 1977

 22378 PROPOSED RULES
rental costs incurred by the seller s i n c e --------------------------------------------------------------------------------
November 10,1975. -
[P R Doc.77-12555 P ile d 4-28-77; 9:44 a m ] Area and address datefof Hearing dates
_______________________________ notice1

FEDERAL DEPOSIT INSURANCE Martinsburg, W. Va.: Martinsburg Room, Martinsburg PubHc Library, King and Queen May 6 May 12 and 13.
Sts., Martmsburg, W. Va.
CORPORATION Belle Glade, Fla.: Auditorium, U.S. Department of Agriculture Research and Develop­ May 10 May 24 and 25.
ment Center, State Rd. 80, 3 mi east of Belle Glade.
[1 2 CFR Part 3 2 9 ]
8aTe^nt0nÌ°, TeX" Room 25, Convention Center, Hemisphere Grounds, San Antonio, May 13 May 27.
[26609]
?enyer> Col®.: Room 269, U.S. Post Office Auditorium, 19th and Stout, Denver, Colo... May 18 June 1 and2
INTEREST ON DEPOSITS Spnngfield, Mass.: Holiday Inn, Dwight and Congress, Springfield, M ass............ . May 25 June 8 and 9
Albany, N .Y .: Legislative Office Bldg., hearing room C, 2d floor, Albany, N . Y . » May 31 June 14 ^
Restricting Payment of Negotiated Rates
of Interest on Pooled Time Deposits of 1Telegraphic notices will be acceptable.
$100,000 or More
N ew C ontact P erson available for public inspection in Room
Correction
A change has been made in the person 11E10, Crystal Plaza, Building 3, 2021
In P R Doc. 77-11808 appearing on listed as the individual to contact for Jefferson Davis Highway, Arlington,
page 21112 in the issue of Monday, further information and to send written Virginia.
April 25, 1977, make the following statements or comments for the record.
changes: FO R FU RTH ER IN FO RM ATIO N CON­
The person now designated for this pur­ TA C T:
<1) Third paragraph, designated pose is:
“ SUM M ARY”, 13th line, “ intreest” Mr. William E. Daly, U.S. Employment Miss Katharine Hancock, Patent and
should read “ interest” ; Service (Attn: T E T ), Employment Trademark Office (703) 557-5380, or
(2) Third paragraph, designated and Training Administration, U.S. by mail addressed to Commissioner of
“ SUM M ARY”, the 24th line should read Department of Labor, Washington, Patents and Trademarks, Washing­
“ proposal, the concern that the proposal, D.C. 20213, 202-376-6297. ton, D.C. 20231, Attn. Miss Katharine
if adopted, might prove ineffec-” ; Hancock.
(3) Sixth paragraph, designated Signed at Washington, D.C. this 27th
“ SUPPLEM ENTARY IN FO R M ATIO N ”, day o f April 1977. SUPPLEM ENTARY INFORM ATION:
14th line, “ fnnds” should read “ funds” . Notice is hereby given that, pursuant to
W il l ia m B. L ew is , the authority contained in section 41 of
Administrator, the Act o f July 5, 1946 (60 Stat. 440, 15
DEPARTMENT OF LABOR Employment Service. U.S.C. 1123) and section 6 of the Act of
Employment and Training Administration [F R Doc.77-12623 F iled 5-2-77;8:45 a m ] July 19, 1952, as amended (85 Stat. 364,
88 Stat. 1949, 35 tJ.S.C. 6), the Patent
[2 0 CFR Part 6 5 5 ] and Trademark Office proposes to amend
TEMPORARY EMPLOYMENT OF ALIENS IN DEPARTMENT OF COMMERCE Title 37 of the Code of Federal Regula­
AGRICULTURE Patent and Trademark Office tions by amending §§ 4.1, 4.1a, 4.2, 4.5,
Locations of Public Hearings . [ 3 7 CFR Part 4 ] 4.6, 4.8, 4.10, 4.13, 4.14, 4.15, 4.16, 4.17,
4.18, 4.21 and 4.22, and by adding new
AGENCY: Employment and Training TRADEMARK FORMS § 4.16a. The proposal is summarized as
Administration, Labor. follows:
Proposed Rulemaking
A C TIO N : Proposed rule, notice of hear­ Acknowledgments. In forms 4.21 and
ing locations. A G EN C Y: Patent and Trademark Office, 4.22 it is proposed to amend the ac­
Commerce. knowledgment by deleting the words
SUM M ARY: This is a notice of specific A CTIO N: Proposed rulemaking. “ being sworn” and by rearranging the
locations at which a series of public wording to avoid the implication that
hearings will be conducted by the De­ SU M M ARY: This notice invites written the notary public is stating of his own
partment of Labor regarding proposed comment on a Patent and Trademark knowledge that a person signing for a
revisions to the Department’s regula­ Office proposal to amend certain exist­ juristic entity is authorized so to do.
tions. These proposed regulations govern, ing forms for trademark cases and to It is also proposed to amend the foot­
the temporary employment o f aliens provide one new form fo r trademark note to the acknowledgment in forms
working in agriculture (including logging cases. The language in certain of the ex­ 4.21 and 4.22 to reflect the fact that ac­
and sheepherders). The hearings were isting trademark forms has been found knowledgments may vary in wording
announced on April 19 at 42 FR 20312. to be confusing or susceptible of misin­ but that wording acceptable in the juris­
The previous notice listed the cities and terpretation, and difficulties have been diction where executed should be used,
scheduled dates o f the six hearings, but encountered by users in combining two and to indicate that the person signing
did not list the exact addresses of the of the existing trademark forms into a the acknowledgment must have author­
hearing sites within those cities. This no­ combined form. The purpose of the pro­ ity to do so under the law of the juris­
tice provides that information. I t also posed amendments is to clarify the trade­ diction where executed.
changes the name of the contact person, mark forms and simplify their use by Verifications. It is proposed to amend
and the closing dates to File Notices of trademark applicants and other parties. all verifications by deleting the words
Intention to appear at the hearings. The proposed new trademark form would “ being sworn, states” at the beginning
eliminate the need for the user to com­ and substituting the words - “hereby
FO R FURTHER IN FO RM ATIO N CON­ bine two forms.
TA C T: swears,” in order that there will be a
See Supplementary Information be­ DATES: Comments must be received on statement of oath by the signer rather
low. or before: June 1,1977. than a statement which depends upon
SUPPLEM ENTARY IN FO RM ATIO N: ADDRESSES'! Comments may be ad­ an oath having been administered be­
List of specific hearing sites and new dressed to the Commissioner of Patents fore signature. The forms being thus
closing dates for filing Notices of Inten­ and Trademarks, Washington, D.C. amended are 4.1, 4.5, 4.6, 4.13, 4.14, 4.15,
tion to appear. 20231. All comments received will be 4.16, 4.17 and 4.18.

FEDERAL REGISTER, VOL. 42 , NO. 85— TUESDAY, MAY 3, 1977


Jurats. In forms 4.1, 4.5 and 4.6 it is
proposed to amend the footnote to the
jurat to state that the person signing the
jurat must be authorized to do so under
the law o f the jurisdiction where ex­
ecuted, rather than that the jurat must
be in any prescribed form. Further, the
word “ ( J U R A T ) h a s been inserted at
the beginning of the jurat wording in
order to indicate the portion of the ver­
ification which is referred to by the term
jurat.
Declaration. I t is proposed to amend
form 4.1a to place in a prominent posi­
tion at the beginning of the declaration
the warning which is required by statute
relative to willful false statements (35
U.S.C. 25), and to insert at the end of
the declaration the same language which
appears in other application forms to
the effect that “ the facts set forth in this
application are true,’’ as well as clearer
wording indicating that statements made
of knowledge are true and those made
on information and belief are believed
to be true.
It is proposed to include at an appro­
priate place in application form 4.8 re f­
erence to the declaration in form 4.1a
as an alternative to the reference to
use of the verification in form 4.6.
New form fo r combined sections
8 and 15. I t is proposed to provide a new
form 4.16a for an affidavit which com­
bines the requirements for section 8 of
the Act as to continued use and section
15 of the A ct as to incontestability.
Present form 4.16 for a section 15
affidavit contains a note stating the cir­
cumstances under which such form may
be combined with form 4.15 for section
8, but it has been found that the note
is easily overlooked and that in any event
users of the forms have difficulty com­
bining the two forms without additional
guidance. I t is proposed to delete refer­
ence to combining such form with section
8 requirements.
Representation. I t is proposed that for
greater clarity a footnote be added to
form 4.2 to indicate that a power of
attorney is not required from an attor­
ney at law in order for such attorney
to represent a trademark applicant.
Notes. In forms 4.1a and 4.10 it is pro­
posed to alter the wording which intro­
duces the Notes, in order to make the
wording more clear and to agree with
the wording used for the Notes in other
forms. A brief general instruction has
been added at the beginning of the Notes
for form 4.15.
Miscellaneous. In order to make the
language correct, in form 4.6 the word
“ affidavit’’ has been changed to “ appli­
cation,” and in form 4.16 under “ Repre­
sentation,” the word ‘‘rule” _ has been
changed to “ form.” In forms 4.17 and
4.18 the term “ members” has been
changed to “ partners” for greater ac­
curacy. Changes *or additions which are
for editorial purposes and are not sub­
stantive have been made.to form 4.8 in
the parenthetical phrase concerning the
verification, and to forms 4.13, 4.14 and
4.16 in the phrase concerning-the listing
of the goods.
FEDERAL REGISTER. VOL. 42 . NO. 85— TUESDAY. MAY 3, 1977
PROPOSED RULES
The text o f the proposed revised and
added sections is as follows (additions
are indicated by arrows; deletions are
bracketed):
§ 4.1 Trademark application by an in­
dividual ; Principal Register with
oath.
M a r k ____ *____________ _—
(Iden tify the mark)
Class No_________________
(12 known)
T o the Commissioner o f Patents and
trademarks:
(Name of applicant, and trade style, if any)
(Business address, including street, city and
State)
(Residence address, including Street, city
and State)
(Citizenship of applicant)
The above identified applicant has adopted
and is using the trademark shown in the
accompanying drawing (1 ) for
(Common, usual or ordinary name of goods)
and requests that said mark be registered
in the United States Patent and Trademark
Office on the Principal Register established
by the act of July 5, 1946.
The trademark was first used on the goods
(2) o n ____________ ; was first used in (3)
(Date)
______________________commerce o n _________ ;
(Type o f commerce) (Date)
and is now in use in such commerce. (4)
The mark is used by applying it to (5)
_____________and five specimens showing the
mark as actually used are presented herewith.
(6)
State o f____________________ 1
County o f_____ _______ _____ [ ss-
------------ ------------------ ►hereby swears-*
(name o f applicant)
[being sworn, states] that [ : ] he believes
himself to be the owner of the trademark
sought to be registered; to the best o f his
knowledge and belief no person, firm, corpo­
ration or association has the righ t to use
said mark in commerce, either in the identi­
cal form or in such near resemblance thereto
as to be likely, when applied to the goods of
such other person, to cause confusion, or to
cause mistake, or to deceive; and the facts
set forth in this application are true. -
(Signature of applicant)
► (JU R AT) :-*
Subscribed and sworn to before me, this
--------day o f _______________ 19__
.................. - - ...................... (*)
Notary Public
( * ) (The ►person who signs the above
jurat must be authorized to administer
oath s* [ju ra t shall be in the form pre­
scribed] by the law o f the jurisdiction
where executed, and the seal or stamp of
the notary, or other evidence o f authority in
the jurisdiction o f execution, must be
affixed.)
R epresentation
(See form 4.2 and Note (7) below.)
N otes
(.1) I f registration is sought for a word
or numeral mark not depicted in any special
form, the drawing may be the mark typed
in capital letters on letter-size bond paper;
otherwise, the drawing shall comply with
§ 2.52.
(2)
I f more than one item in a class ismay jeopardize the validity o f the application
set forth and the dates given for that class or any registration resulting therefrom,-* de­
apply to only one o f the items listed, insert clares: That he believes himself to be the
22379
the name o f the item to which the dates
apply.
(3 ) Type of commerce should be specified
as “ interstate,” "territorial,” “ foreign,” or
other type o f commerce which may lawfully
be regulated by Congress Foreign applicants
relying upon use must specify commerce
which Congress may regulate, using wording
such as commerce with the United States or
commerce between the United States and a
foreign country.
(4 ) I f the mark is other than a coined,
arbitrary or fanciful mark, and the mark is
believed to have acquired a secondary mean­
ing, insert whichever of the following para­
graphs is applicable:
(a ) The mark has become distinctive
o f applicant’s goods as a result of sub­
stantially exclusive and continuous use in
commerce for the
(Type of commerce)
five years next preceding the date o f filing
of this Application.
(b ) The mark has become distinctive of
applicant’s goods as evidenced by the show­
ing submitted separately.
(5 ) Insert the manner or method o f using
the mark with the goods, i.e., “ the goods,”
“ the containers for the goods,” “ displays as­
sociated with the goods,” “ tags or labels
affixed to the goods,” or other method which
may be in use.
(6 ) The required fee o f $35 for each class
must be submitted.
(7) I f the applicant is not domiciled in
the United States, a domestic representative
must be designated. See form 4.4.
§ 4.1a Trademark application by an in­
dividual Principal Register with dec­
laration.
M a r k ___________________
(Iden tify the mark)
Class No_________________
( I f known)
T o the Commissioner o f Patents and Trade­
marks :
(Name of applicant, and trade style, i f any)
(Business address, including street, city and
State)
(Residence address, including street, city and
State)
(Citizenship of applicant)
The above identified applicant has adopted
and is using the trademark shown in the ac­
companying drawing (1 ) for
(Common, usual or ordinary name of goods)
and requests that said mark be registered in
the United States Patent and Trademark
Office on the Principal Register established
by the act o f July 5, 1946.
The trademark was first used on the goods
(2) o n ------- ---------- ; was first used in (3)
(Date)
— ------------------commerce o n ______________;
(Type o f commerce) (Date)
and is now in use in such commerce. (4)
The mark is used by applying it to (5)
and five specimens showing the mark as
actually are presented herewith.
(6)
[T h e undersigned a p p lican t]______________
(Name o f applicant)
►being hereby warned that w illful false
statements and the like so made are punish­
able by fine or imprisonment, or both, under
Section 1001 o f T itle 18 o f the United States
Code and that such w illful false statements
22380
owner of the trademark sought to be reg­
istered; that to the best of his knowledge and
belief no other person, firm, corporation, or
association has the right to use said mark in
commerce, either in the identical form or in
such near resemblance thereto as may be
likely, when applied to the goods of such
other person, to cause confusion, or to cause
mistake, or to deceive; ►that the facts set
forth in this application are true; and,
further,-4 that all statements made herein o f
his own knowledge are true and th at all
statements made on information and belief
are believed to be true [; and further that
these statements were made with the knowl­
edge that w illful false statements and the
like so made are punishable by fine or im ­
prisonment, or both, under Section 1001 of
T itle 18 of the United States Code and that
such w illful false statements may jeopardize
the validity o f the application or document
or any registration resulting therefrom!.
(Signature o f applicant)
(D ate)
R epresentation
(See form 4.2 and Note (7 ) under form 4.1)
[N otes: See! ►Notes4
►For Notes referred to in this form but not
set out here, see-4 same numbered Notes
under form 4.1.
§ 4.2 Power o f attorney at law (which
may accompany application).
► (* )◄
Applicant hereby appoints ( 8 ) ___________ _
________ _______ ______ _ an attorney at law or
(Address)
attorneys at law, to prosecute this applica­
tion to register, to transact all business in
the Patent and Trademark Office in connec­
tion therewith, and to receive the certificate
of registration.
N ote.— (8) An individual attorney at law
or individual attorneys at law must be named
here. I f the name of a law firm is given, it
will be regarded merely as a designation of
address for correspondence.
►( * ) An attorney at law is not required to
file a power of attorney; an attorney at law
may represent a trademark applicant on the
basis o f being an attorney at law without
presenting a power o f attorney.)-4
§ 4.5 Trademark application by a firm ;
Principal Register.
M a r k __________ _______ _
(Iden tify the mark)
Class No_________ _______
( I f known)
To the Commissioner of Patents and Trade­
marks:
(Firm name and names o f members
comprising firm )
(Business address, including street, city and
State)
(Domicile of firm )
(Citizenship of members o f firm )
(Body o f application is same as in form
4.1)
State o f____________________ 1
County o f__________________ j ss-
-----------— -- ----- -------- ►hereby swears-4
(Name o f member o f firm )
Ebeing sworn, states! that he is a member of
the applicant firm; he believes said firm to be
the owner of the trademark sought to be reg­
istered; to the best o f his knowledge and be­
lie f no other person, firm, corporation or
*
FEDERAL REGISTER, VOL. 4 2 , NO. 85— TUESDAY, M AY 3 , 1977
PROPOSED RULES
association has the right to use said mark in
commerce, either in the identical form or in
such near resemblance thereto as to be likely,
when applied to the goods of such other per­
son, to cause confusion, or to cause mistake,
or to deceive; and the facts set forth in this
application are true.
(Signature o f member of firm )
► (JURAT) :◄
Subscribed and sworn to before me, this
______ day o f __________ — , 19—.
Notary Public
( * ) (The ►person who signs the above
jurat must be authorized to administer
oaths-4 EJurat shall be in the form pre­
scribed! by the law of the jurisdiction where
executed, and the seal or stamp o f the
notary, or other evidence o f authority in the
jurisdiction o f execution, must be affixed.)
R epresentation
(See form 4.2 and Note (7) under form 4.1)
§ 4.6 Trademark application by a cor­
poration ; Principal Register.
M a r k ___________________
(Iden tify the mark)
Class No________ :-----------
( I f known)
T o the Commissioner o f Patents and
Trademarks :
(Corporate name and State or country of
incorporation) (10)
(Business address, including street, city and
State)
(Body o f application is same as in form
4.1.)
State o f_________________ - __1
County o f_________________SS-
___________________ j.____ ►hereby swears-4
(Name o f corporate officer)
Ebeing sworn, states! that E:! he is
(Official title )
applicant corporation (10) and is authorized
to execute this ►application-4 [affidavit! on
behalf of said corporation; he believes said
corporation to be the owner of the trademark
sought to be registered; to the best o f his
knowledge and belief no other person, firm,
corporation or association has the right to
use said mark in commerce, either in the
identical form or in such near resemblance
thereto as to be likely, when applied to the
goods o f such other person, to cause confu­
sion, or to cause mistake, or to deceive; and
the facts set forth in this application are
true.
(Corporate name)
By — — — - .................
(Signature of corporate
officer and official title)
► (JURAT) :*4
Subscribed and sworn to before me, this
______ day o f ______________ , 19__.
...................................... .........
Notary Public
( * ) (The ►person who signs the above
jurat must be authorized to administer
oaths-4 [ju ra t shall be in the form pre­
scribed! by the law o f the jurisdiction where
executed, and the seal or stamp of the notary,
or other evidence o f authority in the jurisdic­
tion of execution, must be affixed.)
R epresentation
(See form 4.2 and Note (7) under form 4.1.)
N ote.— (10) I f applicant is an association
or other collective group, the word “associa­
tion” or other appropriate designation should
be substituted for “ corporation” when re­
ferring to applicant.
................... - .......................................
§ 4.8 Collective mark application (in ­
cluding collective membership
m ark) ; Principal Register.
Mark ___________________
(Iden tify the mark)
Class N o .________________
( I f known)
T o the Commissioner o f Patents and
Trademarks:
(Insert identification o f applicant in ac­
cordance with form 4.6.)
The above identified applicant has adopted
(*)
and is exercising legitimate control over the
use o f the collective mark shown in the ac­
companying drawing (1) for (13)
(Common, usual or ordinary name o f goods
or services)
to indicate (1 4 )______ _______________ and re­
quests that said mark be registered in the
United States Patent and Trademark Office
on the Principal Register established by the
act o f July 5, 1946.
The collective mark was first used on the
(2)
(Insert “ goods” or “services” ) (15)
by members o f applicant on________________ ;
(Date)
was first used by said members in (3)
_________________________________ commerce on
(Type o f commerce)
_________ ___________; and is now in use in
(Date)
such commerce. (4)
The mark is used by applying it to ( 5 )-----
and five specimens of the mark as actually
used are presented herewith.
(Insert verification from form 4.6 ►or
4.la-4, changing ►the wording as necessary to
agree with applicant’s legal en tity.)-4 [ “ cor­
poration” to “ association” or the like, if
necessary.)!
R epresentation
(See form 4.2 and Note (7) under form 4.1)
N otes
For Notes referred to in this form but not
set out here, see same numbered Notes under
form 4.1.
(13) I f the application is for a member­
ship mark, omit the word “ for” and the space
for the name of the goods or services.
(14) I f the application is for a membership
mark, insert “ membership in applicant or­
ganization,” or similar appropriate state­
ment. I f not for a membership mark, omit
the words “ to indicate” and the following
space.
(15) Tf the application is for a membership
mark, the phrase “ on the goods or services”
should be omitted.
§ 4.10 Application based on concurrent
use; Principal Register.
/ M a r k _______ ____________
(Iden tify the mark)
Class No_________________
<*) ( I f known)
To the Commissioner o f Patents and Trade­
marks:
(Insert appropriate Identification o f appli­
cant in accordance with form 4.1, 4.5 or 4.6.)
Use form 4.1, and add at the end o f the
first paragraph: “ for the area comprising___
(List the States for which registration is
sought)
and add as final paragraph o f application:
The following exception(s) to applicant’s
right to exclusive use are:
B y -------------------------, doing business at
_______________________ who is using the mark
(Iden tify mark and Reg. No. or Ser. No., if
any)

lor - - - - - - - - - - - - - - - - — ~— - ----------------
(Common, visual, or ordinary name o f
goods or services)
in the States o f.................. —hy applying the
mark to ( 5 ) --------------------------------------- ~ -
_____________________________ to the present.”
(Earliest known date of
such use)
(Insert appropriate verification or decla­
ration from form 4.1, 4.1a, 4.5 or 4.6 and add
after the word “ association” the words “ other
than specified in the application.” )
R epresentation
(See form 4.2 and Note (7 ) under form 4.1.)
[N otes : Seel ►Notes-*
►For Notes referred to in this form but not
set out here, see-* same numbered Notes
under form 4.1.
§ 4.13 Application fo r renewal.
M a r k ___________________
(Iden tify the mark)
Reg. N o-----------------------
Class No_________________
To the Commissioner o f Patents and
Trademarks:
(Insert appropriate identification o f appli­
cant for renewal in accordance with form
4.1,4.5 or 4.6.) (1)
The above identified applicant for renewal
requests that the above identified registra­
tion, granted to -------------------------------------
(Name of original registrant)
o n ______________________________ __________ '—
(Date o f Issuance)
which applicant for renewal now owns, as
shown by records in the Patent and Trade­
mark Office, be renewed in accordance with
the provisions of section 9 o f the act of
July 5,1946.
The mark shown in said registration is still owns the above identified registration, as
in use in ( 2 ) ________ ___________ ,____________
(Type of commerce)
commerce on each o f the following goods (3) force; that the mark shown therein is in use
recited in the registration:
►(List the goods or insert the words “ all the each of the following goods (3 ) recited in the
goods” )-*
the attached specimen (or facsimile) showing
the mark as currently used. (4)
(5)
State o f____________________ 1
County o f__________________ J SS-
(Name of renewal applicant or o f person
authorized to sign for renewal applicant)
►hereby swears-* [being sworn, states! that
the applicant for renewal owns the above
identified registration; and that to the best
of his knowledge and belief the facts set forth
in this application are true.
(Signature o f renewal applicant; if re­
newal applicant is a corporation or
other juristic organization, give the must file the affidavit as registrant.
official title o f the person who signs
for renewal applicant.)
(JURAT) (use jurat from form 4.1.)
R epresentation
(See form 4.2 and Note (6 ) below.)
N otes
(1) Applicant for renewal must be the
present owner o f the registration.
(2) Type o f commerce should be specified services.”
as “ interstate,” - “ foreign,” territorial,” or
other type o f commerce which may lawfully
be regulated by Congress. Foreign registrants
must specify commerce which Congress may United States, a domestic representative
regulate, using wording such as commerce must be designated. See form 4.4. I f a desig­
with the United States or commerce between tion will meet the requirement if such is
the United States and a foreign country.
PROPOSED RULES
(3) I f a service mark registration, state "in
x
connection with each of the following
services * *
(4) I f the mark is not in use in com­
merce at the tim e o f filing the application for
renewal, but there is no intention to aban­
don the mark, facts must be recited to show
that the nonuse is due to special circum­
stances. A specimen (or facsimile) illustrat­
ing use, or facts as to nonuse, must be sub­
mitted for each class sought to be renewed.
(5) The required fee for renewal sought
prior to expiration is $25.00 for each class;
and for delayed renewal filed within three
months after expiration, an additional $5.00
for each class. I f renewal is sought for less
than the total number of classes in the reg­
istration, the classes for which renewal is
sought should be specified.
(6 ) I f applicant for renewal is not domi­
ciled in the United States, a domestic repre­
sentative must be designated. See form 4.4.
I f a designation is not made, an unrevoked
designation will meet the requirement if such
is already in the registration file.
§ 4.14 Affidavit fo r publication under
section 1 2 (c ).
M a r k ___________________
(Iden tify the mark)
Reg. N o__________________
Date of Issue_____________
T o : ______________________
(Name o f original
registrant)
State o f____________________ 1
.County o f__________________ j SS-
(Name o f registrant or of person author­
ized to sign for a juristic registrant)
►hereby swears* [being sworn, statesl that
(1 ) ................ ...... -........
(Name of registrant)
shown by records in the Patent and Trade­
mark Office; that said registration is now in
in ( 2 ) ------------------------------ commerce on
(Type of commerce)
reg istra tion :______________________________
► (List the goods or insert the
words “ all the goods” ) *
and that the benefits o f the act o f July 5,
1946, are hereby claimed for said registration.
(Signature; if a corporation or other
juristic organization, give the offi­
cial title of the person who signs.)
(JURAT) (Use jurat from form 4.1.)
R epresentation
(See form 4.2 and Note (5) below)
N otes
(1) The present owner o f the registration
(2) Type o f commerce should be speci­
fied as “ interstate,” “ territorial,” “ foreign,”
or other type o f commerce which may law­
fully be regulated by Congress. Foreign reg­
istrants must specify commerce which Con­
gress may regulate, using wording such as
commerce with the United States or com­
merce between the United States and a fo r­
eign country.
(3) I f a service mark registration, state:
"in connection with each o f the following
(4) Th e required fee o f $10.00 must be
submitted.
(5) I f registrant is not domiciled in the
nation is not made, an unrevoked designa­
already in the registration file.
FEDERAL REGISTER, VOL. 42 , NO. 85— TUESDAY, MAY 3, 1977
22381
§ 4.15 Affidavit required by section 8.
M a r k ________________ _
(Iden tify the mark)
Reg. N o________________ _
Class No_________ _______
State o f_______________ _____ 1
County o f__________________} ss*
(Name o f registrant or o f person author­
ized to sign for a juristic registrant)
►hereby swears* [being sworn, states! that
(1) ---------------- ------------- owns the above
(Name o f registrant)
Identified registration is s u e d _______________
(D ate)
(2 ) , as shown by records in the Patent and
Trademark Office; and that the mark shown
therein is still in use (3 ) as evidenced by
( 4 ) ............. - - - - - .............
(&)
(Signature; if a corporation or other
juristic organization, give the o f­
ficial title o f the person who signs.)
(JU R AT) (Use jurat from form 4.1.)
R epresentation
(See form 4.2 and Note (6 ) below)
N otes
►The affidavit illustrated by this form
must b e filed w ith in the sixth year after the
date o f registration under the' act o f 1946 or
after the date o f publication under section
12(c) of said a c t.*
(1 ) The present owner o f the registration
must file the affidavit as registrant.
(2 ) I f the registration issued under a prior
act and has been published under section
12(c), add: “ and published under section
12(c) o n __________________ ” .
(Date)
(3) I f the mark is not in use at the time
o f filing the affidavit, but there is no inten­
tion to abandon the mark, facts must be re­
cited to show that the nonuse is due to spe­
cial circumstances.
(4) Insert “ the specimen included showing
the mark as currently used,” or recite facts
as to sales or advertising which w ill show
that the mark is in current use. Specimen
illustrating use, or facts as to use or nonuse,
are required for each class for which action is
sought.
(5 ) The required fee o f $10.00 must be
submitted for each class for which action
is sought, and if action is sought for less
than the total number of classes in the reg­
istration, the classes for which action is
sought should be specified.
(6) I f registrant is not domiciled in the
United States, a domestic representative
must be designated. See form 4.4. I f a desig­
nation is not made, an unrevoked designa­
tion will meet the requirement if such is
already in the registration file.
§ 4.16 Affidavit under section 15. | (o r
combined sections 8 and 15) J
M a r k ______________ _____
(Iden tify the mark)
Reg. No_________________ _
Class No_______________ _
State o f ______ ______________ 1
County o f__________________ j 88’
(Name of registrant or o f person author­
ized to sign for a juristic registrant)
►hereby swears* [being sworn, states! that
( 1 ) _________________ ____ __owns the above
(Name of registrant)
identified registration issu ed ______________ _
(D ate)
( 2 ) , as shown by records in the Patent and
Trademark Office; that the mark shown
therein has been in continuous use in (3)
22382
___________________________ commerce for five
( Type o f commerce) %
consecutive years from ( 4 ) -------------------- -
(Date)
to the present, on each of the following goods
(5 ) recited in the registration:
(List [ o f ] ►the-* goods ►or insert the words
“ all the goods” -*)
that such mark is still in use in ( 3 ) _______
(Type of commerce)
commerce; that there has been no final de­
cision adverse to registrant’s claim o f owner­
ship of such mark for such goods or services,
or to registrant’s right to register the same
or to keep the same on the register, and that
there is no proceeding involving said rights
pending and not disposed o f either in the
Patent and Trademark Office or in the courts.
(Signature; if a corporation or other
juristic organization, give the offi­
cial title of the person who signs.)
(JU R AT) (Use jurat from form 4.1.)
R epresentation
(See [ru le ! ►form-* 4.2 land note (6) below ])
N otes
[This form may be used as a combined affi­
davit under sections 8 and 15 provided it
contains matter which will meet the require­
ments o f section 8 as to use or nonuse and
fee (see form 4.15, Notes (3 ), (4) and (5 )). ]
(1) The present owner o f the registration
must file the affidavit as registrant.
(2) I f the registration issued under a prior
act and has been published under section
12(c), add: “ and published under section
12(c) on__________________ i ___ * ____________ ”
(Date)
(3) Type of commerce must be specified as
“ interstate,” “ territorial,” “ foreign,” or such
other commerce as may lawfully be regulated
by Congress. Foreign registrants must spec­
ify commerce which Congress may regulate,
using wording such as commerce with the
United States or commerce between the
United States and a foreign country.
(4) The date should be at the beginning
o f a five year period o f continuous use, all o f
which five year period falls after the date of
registration under the act of 1946 or after
the date of publication under section 12(c).
A date which would produce a period of con­
tinuous use which is longer than five years
may be stated provided the period indicated
includes five years of continuous use after
registration under the act o f 1946 or publi­
cation under section 12(c).
(5) I f a service mark registration, state:
“ in connection with each of the following
services.”
[ ( 6 ) I f registrant is not domiciled in the
United States, a domestic representative
must be designated as to the section 8 affi­
davit. See form 4.4. I f a designation is not
made, an unrevoked designation will meet
the requirement if such is already in the
registration file.]
►§ 4.16a Combined affidavit fo r sections
8 and 15.
M a r k ___________________
(Iden tify the mark)
Reg. No__________________
Class No_________________
State o f____________________ 1
County o f . ........................... J ss'
(Name or registrant or of person author­
ized to sign for a juristic registrant)
hereby swears that ( 1 ) _____________________
(Name of registrant)
owns the above identified registration issued
--------------------------- (2 ), as shown by rec-
(Date)
FEDERAL REGISTER, VOL. 42 , NO. 85— TUESDAY, MAY 3, 1977
PROPOSED RULES
ords in the Patent and Trademark Office;
that the mark shown therein has been in
continuous use in ( 3 ) --------------------.--------
(Type o f commerce)
commerce for five consecutive years from the
date of the registration (4) to the present, on
each o f the following goods (5) recited in the
registration :------------- --------- ---------------- ;
(List the goods or insert the
words “ all the goods” )
that such mark is still in use as evidenced by
(6) _________________________ ; that there has
been no final decision adverse to registrant’s
claim o f ownership of such mark for such
goods or services, or to registrant’s right to
register the same or to keep the same on the
register, and that there is no proceeding in ­
volving said rights pending and not dis­
posed o f either in the Patent and Trademark
Office or in the courts.
(7)
(Signature; if a corporation or other
juristic organization, give the offi­
cial title o f the person who signs.)
(JU R AT) (Use jurat from form 4.1.)
R epresentation
(See form 4.2 and note (8) below)
N otes
This form should not be used when the
section 8 affidavit is based on nonuse.
(1) The present owner of the registration
must file the affidavit as registrant.
(2) I f the registration issued under a prior
act and has been published under section
12(c), add: “ and published under section
12(c) o n ______________________ ”
(Date)
(3) Type o f commerce must be specified
as “ interstate,” -“ territorial,” “ foreign,” or
such other commerce as may lawfully be
regulated by Congress. Foreign registrants
must specify commerce, which Congress
may regulate, using wording such as com­
merce with the United States or commerce
between the United States and a foreign
country.
(4) This form is only appropriate when
the five year period o f continuous use re­
quired for section 15 is the first five years
after registration or publication under sec­
tion 12(c) which is required for section 8.
(5) I f a service mark registration, state:
“ in connection with each of the following
services.”
(6) Insert “ the specimen included showing
the mark as currently used,” or recite facts
as to sales or advertising which will show
that the mark is in current use.
(7) The required fee of $10.00 for section
8 must be submitted for each class for which
action is sought, and if action is sought for
less than the total number o f classes in the
registration, the classes for which action is
sought should be specified.
(8) I f registrant is not domiciled in the
United States, a domestic representative
must be designated for section 8. See form
4.4. I f a designation is not made, an unre­
voked designation will meet the requirement
if such is already the registration file.-*
§ 4.17 Opposition in the United States
Patent and Trademark Office.
In the matter of application Serial No.
_____________ _ Published in the Official Ga­
zette on ___________________ . . .
(Date)
(Name o f opposer)
v s
.................... .................................
(Name o f applicant)
Opposition N o--------------------------- ;--------
(T o be inserted-by Patent
and Trademark Office)
(Name o f opposer)
a (n ) ( 1 ) ____________________ — . located and
(Legal entity o f opposer)
doing business a t --------------------------------- -
(Street, city and State)
believes that he w ill be damaged by registra­
tion of the mark shown in the above identi­
fied application, and hereby opposes the
same.
As grounds of opposition, it is alleged that:
(Numbered paragraphs should state the
grounds and recite facts tending to show why
opposer believes he w ill be damaged.)
(2 ) . . . . . --------------------------------------- -----------
(Signature o f opposer; if opposer is a
corporation or other juristic orga­
nization, give the official title o f the
person who signs for opposer.)
State o f-------------------------- 1
County o f------ -----------------/
(Name o f opposer or o f person authorized to
sign for opposer)
►hereby swears-* [being sworn, states] that
he is the opposer named in the foregoing op­
position, or is the person authorized to sign
for the opposer named in the foregoing oppo­
sition; that he has read and signed the oppo­
sition and knows the contents thereof; and
that the allegations are true, except as to the
matters stated therein to be upon informa­
tion and belief, and as to those matters he
believes them to be true.
(Signature of opposer; if opposer is a
corporation or other juristic organi­
zation, give the official title o f the
person who signs for opposer.)
(JURAT) (Use Jurat from form 4.1.)
R epresentation
(See foam 4.2 and Note (7) under foam 4.1.
For opposers who are foreigners, it is custom­
ary to regard a power o f attorney as the
equivalent of a domestic representative.)
N otes
(1) I f an individual, state: “ an individ­
ual,” or “ an individual trading a s _________ ,”
if there is a trade style. I f a partnership,
state: “ a partnership composed o f _________
(Names of [m em bers] ►partners-*)
I f a corporation, association, or other organi­
zation, state “ a corporation (or specify other
type o f organization) organized and existing
under the laws o f ________________________
(State or country)
(2) The required fee of $25 must be sub­
mitted for each class to be opposed, and if
opposition is sought for less than the total
number of classes, the classes sought to be
opposed should be specified.
§ 4.18 Petition to cancel a registration
in the United States Patent and
Trademark Office.
In the matter o f Registration No_________ _
Date of Iss u e __________________ _____________
(Name of petitioner)
v.
(Name of registrant)
Cancellation No_________ _______ ____________
(T o be inserted by Patent and
Trademark Office)
(Name o f petitioner)
a ( n ) ( l ) _________ __________________________ _
(Legal entity o f petitioner)
located and doing business a t ________ ______ _
(Street, City and
State)

believes that he is or w ill be damaged by the
above identified registration, and hereby pe­
titions to cancel the same.
As grounds therefor, it is alleged that:
(Numbered paragraphs should state the
grounds and recite facts tending to show
why petitioner believes that he is or w ill be
damaged.)
( 2) --------------------- ------------------------ ------- -
(Signature o f petitioner; if petitioner
is a corporation or other juristic or­
ganization, give the official title of
the person who signs for petitioner.)
State o f--------------------------1 gg^
County o f----------------------- J
(Name o f petitioner or o f person authorized
to sign for petitioner)
thereby swears-* [being sworn, states] th at
he is the petitioner named in the foregoing
petition to cancel, or is the person author­
ized to sign for the petitioner named in the
foregoing petition to cancel; that he has
read and signed the petition to cancel and
knows the contents thereof; and that the
allegations are true, except as to the matters
stated therein to be upon information and
belief, and as to those matters he believes
them to be true.
(Signature o f petitioner to cancel; if
petitioner is a corporation or other
juristic organization, give the offi­
cial title o f the person who signs
for petitioner.)
(JU R AT) (Use jurat from form 4.1.)
R epresentation
(See form 4.2 and Note (7 ) under form 4.1.
For petitioners who are foreigners, it is cus­
tomary to regard a power o f attorney as the
equivalent o f a domestic representative.)
N otes
(1) I f an individual, state: "an individual,”
or "an Individual trading a s ______________
if there is a trade style. I f a partnership,
state: “ a partnership composed o f ________ ”
(Names o f [m em bers]^partners*)
corporation, association, or other organiza­
tion, state “ a corporation (or specify other
type o f organization) organized and existing
under the laws o f _______________________
(State or country)
(2) The required fee of $25.00 must be sub­
mitted for each class sought to be cancelled,
and if cancellation is sought for less than the
total number o f classes, the classes sought to
be cancelled should be specified.
§ 4.21 Assignment o f application.
W hereas_________________________________ of
(Name o f assignor)
(Street, city, and State)
has adopted and is using a mark for which he
has filed application in the United States
Patent and Trademark Office for registration,
Serial N o .______ ______ ; and
W h ereas________________________________ o f
^^^ (Name o f assignee)
(Street, city and State)
is desirous o f acquiring said mark;
Now, therefore, for good and valuable con­
sideration, receipt o f which is hereby ac­
knowledged, s a id ____________ ;_______________
(Name o f assignor)
does hereby assign unto the said
---- ---------- --------------- all rights, title and
(Name o f assignee)
interest in and to the said mark, together
with the good will o f the business symbolized
by the mark, and the above identified appli­
cation for registration o f said mark.
FEDERAL REGISTER, VOL. 4 2 , NO. 85— TUESDAY, MAY 3, 1977
PROPOSED RULES
The Commissioner o f Patents and Trade­
marks is requested to issue the certificate o f
registration to said assignee.
(Signature o f assignor; if assignor is a
corporation or other juristic organi­
zation, give the official title o f the
person who signs for assignor.)
State o f_____________________ 1
County o f— _______________ J ES‘
On t h is ______ day o f ________________ 19--,
before me appeared ;____________________ _ the
person who signed this instrument, ►who
acknowledged that he signed it as a free act
on his own behalf (or on behalf o f the iden­
tified corporation or other juristic entity
with authority to do so).-* [o n his own be­
half, or who was authorized to sign on behalf
o f the identified corporation or other juristic
entity, who being sworn, acknowledged that
he signed this instrument as a free act.]
.................................................................(*)
Notary Public
( * ) ► (The wording o f the acknowledgment
may vary from this illustration but should
be wording acceptable under the law o f the
jurisdiction where executed; the person who
signs the acknowledgment must be Author­
ized to do s o * [(T h e acknowledgment shall
be in the form prescribed] by the law o f the
jurisdiction where executed, and the seal or
stamp o f the notary, or other evidence of
authority in the jurisdiction o f execution,
must be affixed.)
N otes
(1 ) I f the postal address o f the assignee is
not given either in the instrument or in an
accompanying paper, registration to the as­
signee may be delayed.
(2 ) I f assignee is not domiciled in the
United States, a domestic representative must
be designated. See form 4.4.
§ 4.22 Assignment o f registration.
W hereas__________ .____________________ _ of
(Name of assignor)
(Street, city, and State)
has adopted, used and is using a mark which
is registered in the United States Patent and
Trademark Office, Registration N o ._________ _
d a te d ------------- „------------- ; and
W hereas________ _______________________ _ of
(Name of assignee)
( 1) - ........................... — - ........................................................
(Street, city and State)
is desirous o f acquiring said mark and the
registration thereof;
Now, therefore, for good and valuable con­
sideration, receipt o f which is hereby ac­
knowledged, s a id ___________________________
(Name o f assignor)
does hereby assign unto the s a id ____________
(Name of
assignee)
all rights, title and interest in and to the said
mark, together with the good will of the busi­
ness symbolized by the mark, and the above
identified registration thereof.
( 2 ) ..........- ------------------------- ---------
(Signature o f assignor, if assignor is a
corporation or other juristic organi­
zation, give the official title o f the
person who signs for assignor.)
State o f____________________ ]
County o f__________________ j
* Federal Maritime Commission, 1100 L
On t h is --------day o f _______________ _ 19 __,
before me ap p eared _________________________
the person who signed this instrument,
►who acknowledged that he signed it as a
free act on his own behalf (or on behalf of
the Identified corporation or other juristic
entity with authority to do so) . * [o n his own
behalf, or who was authorized to sign this
instrument on behalf of the identified corpo­
22383
ration or other juristic entity, who being
sworn, acknowledged that he signed this in­
strument as a free act.]
............... ................................................<*>
Notary Public
( * ) ►(The wording of the acknowledgment
may vary from this illustration but should be
wording acceptable under the law of the
jurisdiction where executed; the person who
signs the acknowledgment must be author­
ized to do s o * [(T h e acknowledgment shall
be in the form prescribed] by the law o f the
jurisdiction where executed, and the seal or
stamp of the notary, or other evidence o f au­
thority in the jurisdiction o f execution, must
be affixed.)
N otes
(1 ) I f the postal address o f the assignee
is not given either in the instrument or in
an accompanying paper, recording may be
delayed pending receipt o f such address.
(2) I f assignee is not domiciled in the
United States, a domestic representative
must be designated. See form 4.4.
Dated; April 4, 1977.
C. M arshall D an n ,
Commissioner of Patents
and Trademarks.
Approved:
B etsy A ncker -J ohnson ,
Assistant Secretary fo r Science
and Technology.
[FR Doc.77-12616 Filed 5-2-77:8:45 am]
FEDERAL MARITIME COMMISSION
[ 46 CFR Part 502 ]
[Docket No. 77-12]
RULES OF PRACTICE AND PROCEDURE:
DESIGNATION OF PARTIES
Proposed Rulemaking
AGENCY : Federal Maritime Commis­
sion.
ACTIO N : Proposed rule change.
SUM M ARY ; The Federal Maritime
Commission is proposing to amend its
regulations to terminate the practice of
naming persons protesting individual
changes in tariffs “ complainants” and to
cease making them automatic parties to
formal proceedings instituted by the
Commission to investigate rate changes
in general-revenue cases. These changes
are made to eliminate confusion and un­
necessary consumption o f time, and to
assist persons in understanding their
rights.
DATES: Comments on or before: June 1,
1977.
ADDRESSES: Comments to: Secretary,
Federal Maritime Commission, Wash­
ington, D.C. 20573.
FO R FU RTH ER IN FO R M ATIO N CON­
TA C T :
Joseph C. Polking, Acting Secretary,
ss-
Street NW., Washington, D.C. 20573,
202-523-5725.
SUPPLEM ENTARY IN FO RM ATIO N :
The Commission is proposing to amend
Rule 3(a ), 46 CFR 502.41, of its rules of
practice and procedure. It is proposed
that persons who protest proposed rate
changes in tariffs published by water
22384
carriers regulated by this Commission no
longer be designated as “ complainants”
in Orders o f Investigation which are is­
sued by the Commission to determine the
lawfulness o f such carriers’ requests fo r
additional revenue in so-called “ general-
revenue” cases. Secondly, it is proposed
that such persons no longer automati­
cally be made parties to formal proceed­
ings initiated by the aforesaid Orders.
The reasons fo r these proposed changes
are as follows.
In so-called “ general-revenue” investi­
gations, the basic issue is whether the
gross revenue which the carrier is seek­
in g to derive from its proposed rate
changes is just and reasonable. This is­
sue is not whether the rate on any par­
ticular commodity is just and reasonable.
Nevertheless, under the current rule any
person stating his dissatisfaction with
any particular rate is named a “ com­
plainant” and automatically becomes a
party to the formal proceeding instituted
by the Commission despite the fact that
such person is usually raising an issue
which is irrelevant to the issue to be
determined in such an investigation and
under other circumstances such person
would have to justify his desire to become
a party to the proceeding by showing,
among other things, that he would not
FEDERAL REGISTER, VOL. 42 , NO. 85— TUESDAY, MAY 3, 1977
PROPOSED RULES
broaden the issues in the proceeding un­
duly. See Rule 5(1), 46 CPR 502.72. Be­
cause such persons are frequently inter­
ested in a different issue, they either con­
sume time needlessly during the proceed­
ing while they attempt to present irrele­
vant evidence and arguments or they
often do not appear or participate at all,
although all active parties are required
to serve them with pleadings and docu­
ments, often at great expense to these
active parties. A final problem that arises
is that the use o f the term “complainant”
under the present rule confuses such per­
sons who file actual complaints pursuant
to section 22 o f the Shipping Act, 1916
(46 U.S.C. 821), and deludes the former
class of persons into believing that they
have complied with section 22 o f the Act.
In order to clarify these matters, elimi­
nate the confusion and unnecessary con­
sumption o f time, and assist persons in
understanding their rights, the Com­
mission’s Orders of Investigation will
hereafter take cognizance of these prob­
lems; and the Commission is proposing
appropriate amendments to its rules of
practice and procedure, specifically Rule
3(a) 46 C PR 502.41.
Therefore, pursuant to section 4 of the
Administrative Procedure Act (5 Ü.S.C.
553), sections 22 and 43 o f the Shipping
Act, 1916 (46 U.S.C. 821, 841a), and sec­
tion 3 of the Intercoastal Shipping Act,
1933 (46 U.S jC. 845), Part 502 of T itle 46,
Code of Federal Regulations, is proposed
to be amended as set forth below.
§ 502.41 [A m ended]
1. Section 502.41 is proposed to be
amended by deleting the following words
from the second sentence: “ and/or
§502.67 (Rule 5 ( g ) ) ” .
Since the proposal set forth in this
rulemaking proceeding concerns pro­
cedural matters limited to the conduct of
formal proceedings before the Commis­
sion, its adoption could in no way be con­
sidered to result in major federal action
significantly affecting the quality of the
human environment within the meaning
of the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.). Con­
sequently no environmental impact
statement will be issued in this proceed­
ing.
By order of the Pederal Maritime
Commission.
J o seph C. P o l k in g ,
Acting Secretary.
[P R Doc.77-12551 Filed 5-2-77;8:45 am]

This section of the FED ERAL 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 AGRICULTURE
Forest Service
APACHE NATIONAL FOREST GRAZING
ADVISORY BOARD
Meeting
The Apache Grazing Advisory Board
will meet at 1:00 p.m. on June 9,1977, at
the Ramada Inn, Springervile, Arizona.
The purpose of the meeting is to elect
officers fo r the Apache National Forest
Grazing Advisory Board. Other business
concerning permittee and Forest Service
relationships will be discussed. The pro­
cedures for establishing a new board and
charter under the Federal Land Manage­
ment Policy Act will be discussed. Also
the authority of the new board, which
will be limited to development of Allot­
ment Management Plans, and use of
Range Betterment funds, will also be
discussed.
The meeting will be open to the pub­
lic. Persons who wish to attend may con­
tact:
Forest Supervisor, Apache-Sitgreaves
National Forests, P.O. Box 640, Springer-
ville, Arizona, Phone 333-4301.
1. Those wishing to make a verbal
statement or comment on the- petition
for forming a grazing advisory board
should present written documentation
and state the amount of time required
to present the topic.
2. The Forest Supervisor will review
all requests and inform each participant
of the time alloted for their presenta­
tion.
Time permitting, other questions or
statements will be received following the
meeting. I f not, written statements will
be received.
Dated: May 5, 1977.
M iles P. H anrahan ,
Acting Forest Supervisor.
[PR Doc.77-12573 Piled 5-2-77:8:45 am]
SITGREAVES NATIONAL FOREST
GRAZING ADVISORY BOARD
Meeting
The Sitgreaves Grazing Advisory
Board will meet at 10:00 a.m. on June 10,
1977, at the Maxwell House, Show Low,
Arizona.
The purpose of the meeting is to elect
officers for the Sitgreaves National For­
est Grazing Advisory Board. Other busi­
ness concerning permittee and Forest
Service relationships will be discussed.
The procedures for establishing a new
board and charter under the Federal
Land Management Policy Act will be dis­
FEDERAL REGISTER, VOL. 42 , NO. 85— TUESDAY, MAY 3, 1977
notices
cussed. Also the authority o f the new
board, which will be limited to develop­
ment of Allotment Management Plans,
and use of Range Betterment funds, will
also be discussed.
The meeting will be open to the public.
Persons who wish to attend may con­
tact:
Forest Supervisor, Apache-Sitgreaves
National Forests, P.O. Box 640, Spring-
erville, Arizona, Phone 333-4301.
1. Those wishing to make a verbal
statement or comment on the petition
for forming a grazing advisory board
should present written documentation
and state the amount o f time required
to present the topic.
2. The Forest Supervisor will review
all requests and inform each participant
of the time alloted for their presenta­
tion.
Time permitting, other questions or
statements will be received following the
meeting. I f not, written statements will
be received.
Dated: May 2,1977.
M iles P. H anrahan ,
Acting Forest Supervisor.
[P R Doc.77-12574 Piled 5-2-77;8:45 am]
Office of the Secretary
NATIONAL ADVISORY COUNCIL ON
CHILD NUTRITION
Meeting
Pursuant to Pub. L. 92-463, notice is
hereby given that the National Advisory
Council on Child Nutrition, which was
established to make a continuing study
of the child nutrition programs of the
Department of Agriculture, is scheduled
to hold a meeting on May 10-11, 1977,
in room 645 G H I Building, 500 12th
Street SW., Washington, D.C. On May
10 the meeting will be held from 9 a.m.
to 4:30 p.m. and on May 11 from 9 a.m.
to 12 noon. The meeting which is in effect
a rescheduling of a previously postponed
meeting will include a review of the
Budget Request for 1978, Summer Food
Service Program, Legislative Update,
Training Grants Study, Update on Sur­
veys and Studies and Offer vs. Serve.
The meeting will be open to the public.
Additional information can be obtained
by contacting the executive secretary,
Herbert D. Rorex, at 202-447-6603.
Dated: April 29, 1977.
C arol T. F oreman ,
Assistant Secretary and Chair­
man, National Advisory Coun­
cil on Child Nutrition
[P R Doc.77-12753 Filed 5-2-77;8:45 am]
22385
Rural Electrification Administration
SHO-ME POWER CORP., MARSHFIELD, MO.
Proposed Loan Guarantee
Under the authority of Pub. L. 93-32
(87 Stat. 65) and in conformance with
applicable agency policies and proce­
dures as set forth in REA Bulletin 20-22
(Guarantee of Loans for Bulk Power
Supply Facilities), notice is hereby given
that the Administrator of REA will con­
sider: (a) providing a guarantee sup­
ported by the full faith and credit of the
United States of America for a loan in
the approximate amount of $3,517,000 to
Sho-Me Power Corporation o f Marsh­
field, Mo., and (b) supplementing such
a loan with an insured REA loan at 5
percent interest in the approximate
amount of $6,012,000 to this corporation.
These loan funds will be used to finance
a project consisting o f approximately 27
miles of 161 kV transmission line, 49
miles of 69 kV transmission line and re­
lated facilities.
Legally organized lending agencies ca­
pable of making, holding, and servicing
the loan proposed to be guaranteed may
obtain information on the proposed proj­
ect, including the engineering and eco­
nomic feasibility studies and the pro­
posed schedule for the advances to the
borrower of the guaranteed loan funds
from Mr. John K. Davis, Manager, Sho-
Me Power Corporation, Marshfield, Mo.
65706.
In order to be considered, proposals
must be submitted on or before June 1,
1977, to Mr. Davis. The right is reserved
to give such consideration and make
such evaluation or other dispostion of all
proposals received, as Sho-Me and REA
deem appropriate. Prospective lenders
are advised that the guaranteed financ­
ing for this project is available from
the Federal Financing Bank under a
standing agreement with the Rural Elec­
trification Administration.
Copies of REA Bulletin 20-22 are
available from the Director, Information
Services Division, Rural Electrification
Administration, U.S. Department of A g­
riculture, Washington, D.C. 20250.
Dated at Washington, D.C., this 26th
day of April 1977.
J oseph V ellone ,
Acting Administrator, Rural
Electrification Administration.
[FR Doc.77-12656 Filed 5-2-77;8:45 am]
Soil Conservation Service
POHICK CREEK WATERSHED, VIRGINIA
Availability of Negative Declaration
Pursuant to section 102(2) (C ) of the
National Environmental Policy Act of
22386
1969; the Council on Environmental
Quality Guidelines (40 CFR Part 1500);
the Soil Conservation Service Guidelines
(7 CFR Part 650); the Soil Conservation
Service, U.S. Department of Agriculture,
gives notice that an environmental im­
pact statement is not being prepared for
a portion o f the Pohick Creek W ater­
shed, Fairfax County, Virginia.
The environmental assessment of this
federal action indicates that this portion
o f the project will not create significant
adverse local, regional, or national im­
pacts on the environment, and that no
significant controversy is associated with
this portion of the project. As a result of
these findings, Mr. David N. Grimwood,
State Conservationist, Soil Conservation
Service, USDA, 400 North 8th Street,
Room 9201, Richmond, Virginia 23240,
has determined that the preparation and
review o f an environmental impact
statement is not needed fo r this portion
o f the project.
The project concerns a plan for
watershed protection and flood preven­
tion. The planned works of improvement
as described in the negative declaration
include conservation land treatment
supplemented by two single purpose
floodwater retarding structures.
The negative declaration is being filed
with the Council on Environmental
Quality and copies are being sent to vari­
ous federal, state, and local agencies.
The basic data developed during the en­
vironmental assessment is on file and
may be reviewed by interested parties at
the Soil Conservation Service, 400 North
8th Street, Room 9201, Richmond, V ir­
ginia 23240. A limited number o f copies
o f the negative declaration is available
from the same address to fill single copy
requests.
No administrative action on imple­
mentation on the proposal will be taken
until 15 days after the date of this notice.
(Catalog o f Federal Domestic Assistance Pro­
gram No. 10.904, Watershed Protection and
Flood Prevention Program, Public Law 83-
566,16 USC 1001-1008).
J o se ph W . H aas ,
Assistant Administrator fo r
Water Resources Soil Con­
servation Service
[F R Doc.77-12577 Filed 5-2-77;8:45 am]
CIVIL AERONAUTICS BOARD
[Docket No. 30697; Order 77-4-28]
CARIBBEAN AREA SERVICE
INVESTIGATION
Order Instituting Investigation; Correction
Adopted by the Civil Aeronautics
Board at its office in Washington, D.C., ' In FR Doc. 77-11827 appearing at page
on the 6th day of April 1977. , 21303 in the issue of Tuesday, April 26,
In FR Doc. 77-10720, appearing at 1977, there are 2 errors:
page 19165, in the issue of Tuesday,
April 12,1977, the following civic parties line 26 should read “ 4 33” ;
were inadvertently omitted from the
service list attached as Appendix A :
Commonwealth o f Puerto Rico
State of Maryland
FEDERAL REGISTER, VOL. 42 , NO. 85— TUESDAY, MAY 3 , 19 77
NOTICES
In addition, Antilles Air Boats, Inc., a [Docket No. 27573; Agreement C.A.B.
commuter air carrier, has requested that 26573; Order 77-4-112]
it be served with copies of comments and IATA
responses in this proceeding. According­
ly, a corrected copy of Appendix A is at­ Agreement and Order Relating to Specific
Commodity Rates
tached below.
Issued under delegated authority,
By the Civil Aeronautics Board. April 25, 1977.
Dated: April 18,1977. An agreement has been filed with the
Board pursuant to section 412(a) o f the
P h y l l i s T. K aylo r,
Federal Aviation Act of 1958 (the Act)
Secretary-
and Part 261 o f the Board’s Economic
A ppendix A Regulations between various air car­
SERVICE LIST riers, foreign air carriers, and other car­
riers embodied in the resolutions of the
Certificated R o u te A ir Carriers
Joint Traffic Conferences of the Inter­
A irlift International, Inc. national A ir Transport Association
Allegheny Airlines, Inc. (IA T A ), and adopted pursuant to the
American Airlines, Inc.
provisions of Resolution 590 dealing with
Braniff Airways, Inc. specific commodity rates.
Continental Air Lines, Inc.
Delta Air Lintes, Inc. The agreement names an additional
Eastern Air Lines, Inc. specific commodity description and rate
National Airlines, Inc. as set forth below, reflecting reductions
Northwest Airlines, Inc. from general cargo rates; and was
Pan American World Airways, In a adopted pursuant to unprotested notice
Southern Airways, Inc. to the carriers and promulgated in an
Trans World Airlines, Inc.
IA T A letter dated April 19/1977.
United Air Lines, Inc.
Specific
Supplem enta l A ir Carriers c o m m o d ity
Capitol International Airways, Inc. it e m N o . D escription and r a t e 1
Evergreen International Airlines, Inc. 4515-------------- Nuclear and hydrocarbon
McCulloch International powerplant equipment;
Overseas International Airways, Inc. namely valves, elec­
Rich International Airways, Inc. trical machinery, me­
Trans International Airlines, Inc. chanical machinery, and
World Airways, Inc. parts thereof; 202c/kg.a
minimum weight 2,000
C o m m u te r A ir Carriers
kg. From New York to
Air Florida TaipeL
Air Sunshine 1Subject to applicable currency conversion
Chalk’s International Airline, Inc. factors as shown in tariffs.
Florida Airlines, Inc. 2Expires Dec. 31, 1977.
Mackey International Airlines, Inc.
Marco Island Airways Pursuant to authority duly delegated
Naples Airlines by the Board in the Board’s Regulations,
Puerto Rico International Airlines, Inc. 14 CFR 385.14, it is not found that the
Southeast Airlines
subject agreement is adverse to the pub­
AntUles Air Boats, Inc.
lic interest or in violation o f the Act: Pro­
C iv ic Parties vided, That approval is subject to the
City o f Baltimore conditions hereinafter ordered.
City o f Boston Accordingly, it is ordered, That:
City o f Chicago Agreement C.A.B. 26573 is approved,
City o f Miami provided that: (a ) Approval shall not
City o f New Orleans constitute approval of the specific com­
City o f New York
City o f Philadelphia
modity descriptions contained therein
Commonwealth o f Puerto Rico for purposes of tariff publications; (b)
State o f Maryland tariff filings shall be marked to become
effective on not less than 30 days’ notice
[F R Doc.77-12708 Filed 5-2-77;8:45 am] from the date of filing; and (e) where a
specific commodity rate is published for
[Doc. 27573, Agreement C.A.B. 26537; Order a specified minimum weight at a level
77-4-76] lower than the general commodity rate
applicable for such weight, and where a
IATA general commodity rate is published for
Agreement Adopted Relating to Specific a greater minimum weight at a level
Commodity Rates lower than than such specific commodity
rate, the specific commodity rate shall
Correction
be extended to all such greater minimum
weights at the applicable general com­
modity rate level.
Persons entitled to petition the Board
(1) In the table, the seeond column, for review of this order, pursuant to the
Board’s regulations, 14 CFR 385.50, may
(2) In the table on page 21304, the file such petitions within ten days after
heading “ Rates extended under existing the date of service of this order.
commodity descriptions:” should appear
under the rule line and above the entry This order shall be effective and be­
“ 2201” in the first column. come the action of the Civil Aeronautics

Board unless within such period a peti­
tion for review is filed or the Board gives
notice that it will review this order on its
own motion.
This order will be published in the
F ederal R e g iste r .
P h y l l is T. K aylor ,
Secretary.
[P R Doc.77-12705 Piled 5-2-77;8:45 am]
[Docket No. 30716; Order 77-4-107]
TRANS WORLD AIRLINES, INC.
Order of Suspension and Investigation
Regarding Cargo Advance Purchase Tariffs
Adopted by the Civil Aeronautics
Board at its office in Washington, D.C.,
on the 11th day of April 1977;
On March 1, 1977, Trans World A ir­
lines, Inc. (T W A ) filed a tariff, effective
April 24, 1977, proposing freight-all­
kinds (F A K ) “ Cargo Advance Purchase”
(CAP) minimum charges and rules for
carriage of unit-load-device (U LD ) cargo
in the U.S.-U.K. market.1 The proposal
involves a contractual commitment by
the shipper to use a specified number of
container positions on specified days and
flights (at least one Type 8 container
position per week), for a minimum pe­
riod of 140 days. The space would be re­
served and paid for by the shipper
whether actually occupied or not. The
New York-London rate, constructed in
relation to the $7.25-per-mile charter
rate for narrow-body equipment, would
be set at 74 cents per kilogram at the
specified pivot weight. Under T W A ’s
present tariff conversion procedures, the
westbound, London-New York rate would
be set at a level approximating 38 pence
per kilogram, which would yield approx­
imately 65 cents per kilogram at the
specified pivot weight.2
In support of its proposal, T W A al­
leges that CAP rates are a superior com­
petitive alternative to the British A ir­
ways Contract Cargo R ates8 and other
high-volume discount schemes, in that
CAP rates are premised upon transfer of
the “ load factor risk” to the shipper;
that CAP rates are evailable to both large
and small shippers; are economical and
will provide adequate compensation to
the carrier; will attract surface cargo to
air while preserving the benefits inherent
in air transportation; and will reduce
traffic peaking problems and disruptions
at air cargo terminals caused by high
weightbreak offerings. The carrier ar­
gues further that CAP’S F A K applica­
tion will extend discounts to all custom­
ers whose shipments achieve a relatively
high density; and that all carriers will
be able to compete on an equal basis, re­
gardless of equipment type, because CAP
rates are set at equal levels for equal
density for all container types.
1Trans World Airlines, Inc., Air Freight
Tariff No. AP-1 and Supp. No. 1, C.A.B. No.
315.
2Based upon the March 15, 1977, bank
transfer rate of £1=$1.7196.
3Suspended pending investigation, Order
76-12-162, Dec. 17,1976, proceeding dismissed
as moot, Order 77-3-164, March 29, 1977.
FEDERAL REGISTER, VOL. 42 . NO. 85— TUESDAY. MAY 3. 1977
NOTICES
In supplementary justification, filed
March 21,1977, T W A contends that CAP
rates will generate approximately 3.4
million kilograms of air cargo traffic per
year, a 19-percent increase, producing
about six times the revenue required to
offset its annual revenue loss of $389,000
through diversion of ULD traffic to CAP.
Complaints requesting suspension
pending investigation of T W A ’s proposal
have been filed by Pan American World
Airways, Inc. (Pan Am) and Seaboard
World Airlines, Inc.. (Seaboard). These
parties assert, among other things, that
T W A ’s economic justification is pre­
mised upon attainment of an unrealistic
cargo traffic density o f 14.7 lbs./cu. ft.,
such that at 100 percent load factor the
cargo weight would exceed the opera­
tional capability of a B-707 freighter;
that CAP rates are uneconomical even
at 100 percent load factor, producing
yields in all-cargo operations of 16.8-19.7
cents per revenue ton-mile (R T M ), well
below T W A ’s operating cost of 22.59
cents per available ton-mile (A T M );
that westbound CAP rates are below
T W A charter rates and, therefore, pat­
ently uneconomical; and that T W A has
failed to make any quantitative genera­
tion study. Seaboard further alleges that
the CAP proposal is unjustly discrimi­
natory under section 404(b) of the Fed­
eral Aviation Act of 1958, citing our sus­
pension. pending investigation of British
Airways’ Contract Cargo Rates in Order
76-12-162.
T W A has filed a consolidated answer
to the complaints, stating that accepta­
ble revenue improvement is achievable
at densities below 14.7 lbs./cu. ft. be­
cause CAP minimum charges are based
upon container type; that even assum­
ing a density of 14.7 for CAP traffic,
T W A plans to limit CAP space to 50 per­
cent of available cargo capacity and, cou­
pled with an industry-average density of
11.23 for non-CAP traffic, the total load
would be well within the lift capability
of the B-707 freighter; that T W A ’s al­
leged operating cost of 22.59 cents per
ATM, relied upon by Pan Am and Sea­
board in their complaints, -is taken from
T W A ’s justification for the most recent
IA T A North Atlantic freight rate in­
crease, and reflects discontinued multi­
stop service by T W A to France, Italy,
and Switzerland, misallocated training
costs, and overstated contractual cost
increases, whereas under its lower,
amended costs, which better reflect op­
erations in the U.S.-U.K. market, CAP
rates are economical; that CAP rates are
in excess of industry-average cost per
ATM, which is a truer measure of the
viability of CAP rates than cost per
R TM ; and that CAP rates are not dis­
criminatory because the shipper is as­
suming the carrier’s load factor risk, and
because the Board has previously re­
viewed the discriminatory aspects of
blocked-space rates, upon which the CAP
concept is based, and allowed these rates
to go into effect.
Upon consideration of the proposal,
the complaints and answer thereto, and
all other relevant matters, the Board
22387
finds that the proposed rates may be un­
just, unreasonable, unjustly discrimini-
tory, unduly preferential, unduly preju­
dicial, or otherwise unlawful, and should
be investigated. The Board further finds
that the proposed rates should be sus­
pended pending investigation.
We consider T W A ’s traffic generation
analysis to be of dubious value. The at­
tractiveness of CAP rates depends upon
the level of their discount, which in turn
increases with the density of the cargo
tendered up to a certain pivot density,
and declines somewhat at higher densi­
ties. In order to achieve the greatest
discount from the regular ULD rates, the
generated traffic must significantly ex­
ceed the average traffic density.4 Spe­
cifically, T W A ’s analysis in its justifica­
tion discusses a Type 3 container which,
with a 2,800 kg. pivot weight based upon
a density of 14.7 lbs./cu. ft., produces a
unit charge of 74 cents per kilogram, a
20.7-percent discount from ULD rates.
In its consolidated answer, however,
T W A indicates that it expects cargo
moving under its CAP rates to average
about 12.6 lbs./cu. ft. Cargo of this den­
sity would receive an average discount o f
less than 11 percent from existing ULD
rates, and we do not see how this dis­
count can attract more cargo from
surface to air, especially when surface
rates are so low. Certainly, T W A has
submitted no comparison of surface and
CAP rates, and very little else in the
way o f evidence in support of its gener­
ation estimate. Instead, we believe that
the proposed CAP rates will produce
only a significant danger of diversion of
air cargo from ULD and specific com­
modity rates.
Moreover, the CAP rates appear to be
below cost. Assuming arguendo that
CAP rates do attract traffic of sufficient
density to achieve the pivot weight, this
would result in a yield o f 19.7 cents per
R TM in the New York-London market,
and 17.1 cents in the London-New York
market. Based upon the data submitted
by T W A in Docket 27573, in support of
the recent North Atlantic rate pack­
age, and in its initial justification for the
CAP rates, T W A ’s transatlantic sched­
uled service, all-cargo operating cost
projected for the year ending October 31,
1977, is approximately 34 cents per
RTM . T W A ’s CAP rates appear to be up
to 49 percent below this figure. Moreover,
in claiming that the proposed rates will
produce adequate compensation for the
transatlantic all-cargo carriers, T W A
uses costs which are an average of ATM
costs, which reflect planeload economies
rather than the economies of scheduled
service. I f we consider the average cost
of 16.8 cents per ATM for the three U.S.
transatlantic carriers operating all-car­
go equipment, CAP rates are barely
above planeload cost; when compared
to T W A ’s own cost of 22.6 cents per
* In this regard, as noted in the com­
plaints, the transatlantic, transpacific, and
Latin American Mail Rates Case, Docket
26437, found the average transatlantic
freighter service cargo density to be 11.23
lbs./cu. ft.
22388
ATM, however, CAP rates are plainly
below cost.
W e note that TW A in its consolidated
answer submitted cost figures lower than
those submitted in Docket 27573 in sup­
port of the IA T A North Atlantic rate
structure. TW A, however, has used data
from that docket in three complaints
against various British Airways’ rate
proposals which were suspended by the
Board pending investigation. This sud­
den recanting of data previously ten­
dered the Board in matters involving the
U.S.-U.K. market and substitution of
new, largely unverifiable data which bet-.
ter suits the carrier’s immediate purpose
in that market can only be viewed with
great suspicion. For the time being, the
Board accepts the costs submitted in
Docket 27573. Whether these costs or
T W A ’s amended costs are more accurate
or more germane will, o f course, be a
proper issue for examination in the in­
vestigation ordered herein.
TW A apparently believes that the pos­
sible discriminatory aspects of CAP rates
are not open to serious question on the
ground that the principal features of
CAP are the same as those which the
Board examined previously for discrimi­
nation and approved for application on
U.S. domestic routes as “ Blocked-Space”
rates.6 The CAP concept and blocked-
space service are, in fact, similar; in­
deed, CAP appears to be more restric­
tive.6 The history of Board actions
regarding blocked space, however, re­
veals no generic determination of law­
fulness. In 1964, the Board adopted a
Statement of General Policy (14 CFR
399.37) establishing the exclusive right
o f all-cargo carriers to sell blocked space,
but making it clear that each filing
would be subjected to full evaluation.7
Consequently, numerous blocked-space
tariffs went into effect but were placed
under investigation in Docket 15419®
with the Board being prepared to ad­
dress, among other matters, “ a major
question of unjust discrimination * * 9 nated;
The 1964 Statement of General Policy
was deleted in October 1968,10 and the
investigation in Docket 15419 was dis­
missed as moot in December of that
year.“ As expressed by the Board at that
time:
[ I ] t would be more appropriate, in our
view, to determine the precise requirements
o f blocked space service upon the filing of
particular blocked space tariffs in the course
o f normal rate proceedings.13
6Justification o f Cargo Advance Purchase
Tariff, at 1-2; Consolidated Answer o f TWA,
at 9.
• For example, domestic blocked-space
service required a time commitment o f 60-90
days, while CAP requires 140. Also, the
blocked-space concept was valid for ship­
ment commitments on a weekly basis, while
CAP requires that shippers specify days and Order Authorizing Discussions; Correction
flights. See Flying Tiger Line, Blocked-Space
Tariff, 44 C.A.B. 814 (1966).
7PS-24, Aug. 7,1964.
8Initiated by Order E-21076, July 17, 1964. on the 15th day of April 1977.
9Order E-21160, Aug. 7, 1964, at 4 (Gurney
and Gilliland, dissenting).
19PS-37, Oct. 14, 1968.
11Order 68-12-118, Dec. 20,1968.
13 PS-37, supra note 10, at 2-3. See also PS- 15This order was submitted to the Presi­
24, supra note 7, at 6.
FEDERAL REGISTER, VOL. 42 , NO. 85— TUESDAY. MAY 3, 1977
NOTICES
This opportunity arose in the A irlift
Blocked-Space Case, Docket 24215,13 in
which the Board affirmed the finding of
the administrative law judge that the
blocked-space rates in question were un­
justly discriminatory.14 In sum, the issue
of whether blocked-space rates are un­
justly discriminatory is not settled, and
the discrimination issue must be ad­
dressed in the course of this investiga­
tion as it relates to the specific terms
of the CAP proposal.
Accordingly, pursuant to the Federal
Aviation Act of 1958, as amended, and
particularly sections 204(a), 403,404,801,
andl002(j) thereof:
I t is ordered, That:
1. An investigation be instituted to
determine whether the rates, charges,
and provisions on Original Title Page,
and Original Pages 1 through 14,1st Re­
vised Pages 7, 13, and 14, and Supple­
ment No. 1 of Tariff C.A.B. No. 315,
issued by Trans World Airlines, Inc., and
rules, regulations, or practices affecting
such provisions, are or will be unjust,
unreasonable, unjustly discriminatory,
unduly preferential, unduly prejudicial,
or otherwise unlawful, and, if found to be
unlawful, to take appropriate action to
prevent the use of such rates and provi­
sions and rules, regulations, or practices;
2. Pending hearing and decision by the
Board, the tariff rules and provisions
specified in paragraph 1 above are sus­
pended and their use deferred from
April 24, 1977, to and including April 23,
1978, unless otherwise ordered by the
Board; and that no changes be made
therein during the period of suspension
except by order or special permission o f
the Board;
3. This order shall be submitted to the
President16and shall become effective on
April 24, 1977;
4. The investigation ordered herein
be assigned for hearing before an ad­
ministrative law judge of the Board at
a time and place hereafter to be desig­
5. Copies of this order shall be filed
in the aforesaid tariffs and served upon
Trans World Airlines, Inc., Pan Ameri­
can World Airways, Inc., and Seaboard
World Airlines, Inc.; and
6. Except to the extent granted herein,
the complaints in Dockets 30640 and
30647 be and hereby are dismissed.
This order will be published in the
F ederal R egister.
By the Civil Aeronautics Board.
P h y l l is T- K aylor ,
Secretary.
[F R Doc.77-12706 Filed 5-2-77;8:45 am]
[Docket No. 30452; Order 77-4-72]
UNIVERSAL AIR TRAVEL PLAN
Adopted by the Civil Aeronautics
Board at its office in Washington, D.C.,
18Initiated by Order 72-2-36, Feb. 10, 1972.
14Order 73-4-25, Apr. 4, 1973, at 2, aff’g
Initial Decision at 31. *
dent on Apr. 12, 1977.
In F R Doc. 77-11582, appearing at
page 20645 in the issue of Thursday,
April 21, 1977, a correction was mis­
placed in the second full paragraph in
the first column on page 20646. The
paragraph should read as follows:
Upon consideration o f the application, we
have decided to grant authorization for the
discussions, subject however to several con­
ditions. We do not take any position at this
tim e on the merits o f the provisions in the
proposed agreement which are to be dis­
cussed or o f any amendments theerto. We
note, however, that in approving the present
plan in 1951 the Board stated that a degree
o f uniformity for the plan throughout the
industry was highly desirable.4 W e thus find
that the discussions called to attemp a com­
promise solution to differences among the
parties to $he plan warant approval as dis­
cussions with potential public benefits and,
o f course, results that could not be achieved
by individual carier action.”
Dated: April 18, 1977.
By the Civil Aeronautics Board.
P h y l l is T. K aylor ,
Secretary.
[F R Doc.77-12707 Filed 5-2-77;8:45 am]
COMMISSION ON CIVIL RIGHTS
ALASKA ADVISORY COMMITTEE
Agenda and Notice of Open Meeting
Notice is hereby given, pursuant to
the provisions of the Rules and Regula­
tions of the U.S. Commission on Civil
Rights, that a planning meeting of the
Alaska Advisory Committee (SAC) of
the Commission will convene at 6 pjn.
and will end 10 p.m. on June 3, 1977, at
4706 Harding Drive, Anchorage, Alaska
99503.
Persons wishing to attend this open
meeting should contact the Committee
Chairperson, or the Northwestern Re­
gional Office of the Commission, 915
Second Avenue, Room 2852, Seattle,
Washington 98174.
The purpose of this meeting is to plan
for future project in Alaska.
This meeting will be conducted pur­
suant to the provisions of the Rules and
Regulations of the Commission.
Dated at Washington, D.C., April 28,
1977.
J ohn I. B in k l e y ,
Advisory Committee
Management Officer.
[F R Doc.77-12624 Filed 5-2-77;8:45 am]
IOWA ADVISORY COMMITTEE
Meeting Cancellation
Notice is hereby given, pursuant to
the provisions o f the Rules and Regula­
tions of the U.S. Commission on Civil
Rights that a planning meeting of the
Iowa Advisory Committee (SAC) of the
Commission originally scheduled for May
12, 1977 a notice previously published in
the F ederal R egister Friday, April 1
1977 (F R Doc. 77-9730) on page 17508
has been cancelled.

Dated at Washington, D.C., April 28,
1977.
J o h n I. B i n k l e y ,
Advisory Committee,
Management Officer.
[P R Doc.77-12625 Piled 5-2-77;8:46 ami]
WASHINGTON ADVISORY COMMITTEE
Agenda and Notice of Open Meeting
Notice is hereby given, pursuant to the
provisions of the rules and regulations
of the U.S. Commission on Civil Rights,
that a planning meeting of the Washing­
ton Advisory Committee (SAC) o f the
Commission will convene at 9 a.m. and
will end at 12:30 p.m. on June 18, 1977,
at Northwest Regional Office, U.S. Com­
mission on Civil Rights, 915 Second Ave.,
Suite 2854, Seattle, Washington 98174.
Persons wishing to attend this open
meeting should contact the Committee
Chairperson, or the Northwestern R e­
gional Office o f the Commission, 915 Sec­
ond Ave., Room 2852, Seattle, Washing­
ton 98174.
The purpose o f this meeting is to dis­
cuss civil rights issues in the State of
Washington, rechartering o f the Advi­
sory Committee, and plans for the future
projects.
This meeting will be conducted pursu­
ant to the provisions of the Rules and
Regulations of the Commission.
Dated at Washington, D.C., April 28,
1977.
J o h n I. B i n k l e y ,
Advisory Committee '*■
Management Officer.
[P R Doc.77-12626 Piled 5-2-77; 8:45 am]
WEST VIRGINIA ADVISORY COMMITTEE
Agenda and Notice of Open Meeting
Notice is hereby given, pursuant to the
provisions of the Rules and Regulations
of the U.S. Commission on Civil Rights,
that a planning meeting of the West V ir­
ginia Advisory Committee (SAC) o f the
Commission will convene at 1 p.m. and
will end at 4 p.m. on May 26, 1977, at
the Holiday Inn, Route 50, Parkersburg,
West Virginia.
Persons wishing to attend this open
meeting should contact the Committee
Chairperson, or the Mid-Atlantic Re­
gional Office of the Commission, 2120 L
Street NW., Room 510, Washington, D.C.
20037.
The purpose of this meeting is to dis­
cuss civil rights issues within the State.
This meeting will be conducted pursu­
ant to the provisions of the Rules and
Regulations of the Commission.
Dated at Washington, D.C., April 28,
1977.
J o h n I. B i n k l e y ,
Advisory Committee
Management Officer.
[P R Doc.77-12627 Piled 5-2-77;8:45 am]
FEDERAL REGISTER, VOL. 42 , NO. 85— TUESDAY, MAY 3, 1977
NOTICES
CIVIL SERVICE COMMISSION
ASSISTANT TO DIRECTOR FOR
TRANSITION PLANNING
Grant of Authority to Make Noncareer
Executive Assignment
Under authority of § 9.20 of Civil Serv­
ice rule IX (5 C.F.R. 9.20), the Civil Serv­
ice Commission authorizes Action to fill
by noncareer executive assignment in the
excepted service on a temporary basis
the position of Assistant to the Director
for Transition Planning.
U n it e d S ta te s C i v i l S e rv ­
ic e C o m m is s io n ,
J am e s C. S p r y ,
Executive Assistant
to the Commissioners.
[FR Doc.77-12648 Piled 5-2-77;8:45 am]
DEPARTMENT OF LABOR
Title Change in Noncareer Executive
Assignment
By notice of May 29, 1975, FR Doc.
75-13883 the Civil Service Commission
authorized the Department of Labor to
fill by noncareer executive assignment
the position of Deputy Under Secretary
for Legislative Affairs, Office of the Sec­
retary. This is notice that the title of
this position is now being changed to
Deputy Under Secretary fo r Legislation,
Office of the Secretary.
U n it e d S ta te s C i v i l S e rv ­
ic e C o m m is s io n ,
J am e s C. S p r y ,
Executive Assistant
to the Commissioners.
[P R Doc.77-12445 Filed 5-2-77;8:45 am]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
CARIBBEAN FISHERY MANAGEMENT
COUNCIL AND SCIENTIFIC AND STA­
TISTICAL COMMITTEE AND ADVISORY
PANEL
Public Meetings
Notice is hereby given of a meeting of
the Caribbean Fishery Management
Council and its Scientific and Statistical
Committee and Advisory Panel.
The Council was established by sec­
tion 302 of the Fishery. Conservation and
Management Act of 1976 (Pub. L. 94-
265). The Council has authority over
fisheries within the fishery conservation
zone adjacent to Puerto Rico and the
Virgin Islands. The Council will, among
other things, prepare and submit to the
Secretary of Commerce fishery manage­
ment plans with respect to fisheries
within its area of authority, prepare
comments on applications for foreign
fishing, and conduct public hearings.
This is one of a series of organizational
meetings of the Council. The meeting
will be held Monday through Thursday,
May 23 to May 26, 1977, at the Condado
22389
Holiday Inn, 999 Ashford Avenue, Con-
dado, San Juan, Puerto Rico. The meet­
ing will convene at 1 p.m. on May 23 and
adjourn at about noon on May 26, 1977.
Daily sessions will normally start at
9 a.m. and adjourn at 5 p.m., except as
otherwise noted. The meeting may be
extended or shortened depending upon
progress on the agenda.
Proposed A genda
1. Council organization and administrative
procedures.
2. Technical organization and procedures.
3. National Marine Fisheries Service Law
Enforcement presentation.
4. Management plans for spiny lobster and
reef fishes.
5. Review of Puerto Rico fishing.
6. Report o f the State Department on fishing
relationships with the British Virgin
Islands.
7. Other management business.
Meeting concurrently at the same
place and time as the Council, and
perhaps in conjunction with the Council
at times, will be the Council’s Scientific,
and Statistical Committee and Advisory
Panel. These are established pursuant to
ical, economic, social, and other scientific
and Statistical Committee will assist the
Council in the development, collection,
and evaluation of such statistical, biolog­
ical, economic, social, and other scientific
information as is relevant to the Coun­
cil’s development and amendment of any
fishery management plan. The Advisory
Panel contains broad representation
from interests affected by Council activi­
ties in order to assist the Council in
carrying out is functions under the Act.
The Scientific and Statistical and the
Advisory Panel will meet separately but
will utilize the same agenda.
Proposed A genda
1. Consideration of Internal program
matters.
2. Review of fishery management plan issues.
3. Appropriate recommendations t o . the
Council.
4. Other management business.
All of these meetings will be open to
the public, and there will be seating for
a limited number of public members
available on a first come, first served
basis. Members of the public having an
interest in specific items for discussion
are also advised that agenda changes are
at times made prior to the meetings. To
receive information on changes, if any,
made to the agendas, interested mem­
bers of the public should contact, on or
about May 20,1977:
Mr. Omar Munoz-Roure, Executive Director,
Caribbean Fishery Management Council,
Banco de Ponce Bldg., Munoz Rivera Ave.,
Hato Rey, P. R. 00936.
A t the discretion of the Council, the
Committee, or the Panel, as appropriate,
interested members of the public may be
permitted to speak at times which will
allow the orderly conduct of official busi­
ness. Interested members of the public
who wish to submit written comments
22390
should do so by addressing the Executive
Director at the above address. To receive
due consideration and to facilitate inclu­
sion of these comments in the record of
the meetings, typewritten statements
should be received within 10 days after
the close of the meetings.
Dated: April 28,1977.
J a c k W . G e h r in g e r ,
Deputy Director,
National M arine Fisheries Service.
[P R Doc.77-12710 Filed 5-2-77:8:45 am]
GULF OF MEXICO FISHERY MANAGEMENT
COUNCIL’S SHALLOW WATER SHRIMP
ADVISORY PANEL, GROUNDFISH AD­
VISORY PANEL, COASTAL MIGRATORY
PELAGIC ADVISORY PANEL, AND REEF
FISH ADVISORY PANEL
Public Meetings
Notice is hereby given of meetings of
four o f the Advisory Panels of the Gulf
of Mexico Fishery Management Council
established by section 302 of the Fishery
Conservation and Management Act of
1976 (Pub. L. 94-265).
The Gulf Fishery Management Coun­
cil has authority, effective March 1,1977,
over fisheries within the fishery conser­
vation zone adjacent to the west coast of
Florida, Alabama, Louisiana, Mississippi,
and Texas. The Council’s functions are,
among other things, to prepare and sub­
mit to the Secretary of Commerce fishery
management plans with respect to the
fisheries within its area of authority,
prepare comments on applications for
foreign fishing, and conduct public hear­
ings. The Advisory Panels composed of
persons who are either actually engaged
in the harvest of, or are knowledgeable
and interested in the conservation and
management o f the particular resources
involved, assist the Council in establish­
ing the goals and objectives of fishery
management plans. They also provide
pragmatic advice and counsel on the
contents of fishery management plans
during their review and define and eval­
uate criteria for judging plan effective­
ness after initiation.
The meeting o f the Reef Fish and
Coastal Migratory Pelagic Advisory
Panels will be held Tuesday and Wed­
nesday, May 24 and 25, 1977. The meet­
ing of the Shallow Water Shrimp and
Groundfish Advisory Panels will be held
Tuesday and Wednesday, May 31, and
June 1, 1977. Both meetings will be held
in the Tampa Room of the Barclay
Quality Inn, 5303 West Kennedy Boule­
vard, Tampa. Fla. Both meetings will
convene at 1:30 p.m. Tuesday, adjourn­
ing at 5 p.m.; and will reconvene at 8:30
a.m. Wednesday, adjourning at 5 p.m.
The meeting may be extended or short­
ened depending on programs on the
agenda.
P roposed A genda
1. Orientation.
2. Goals and Objectives of Management
Plan.
3. Other Business.
This meeting is open to the public and
there will be seating for a limited num­
FEDERAL REGISTER, VOL. 42 , NO. 85— TUESDAY, MAY 3, 1977
NOTICES
ber o f public members available on a
first come, first served basis. Members of
the public having an interest in specific
items for discussion are also advised that
agenda changes are at times made prior
to the meeting. To receive information on
changes, if any, made to the agenda, in­
terested members of the public should
contact on or about May 18:
Mr. Wayne E. Swingle, Executive Director,
G ulf of Mexico^ Fishery Management
Council, Lincoln Center, suite 881, 5401
West Kennedy Blvd., Tampa, Fla. 33609.
A t the discretion of the Panels, inter­
ested members of the public may be per­
mitted to speak at times which will al­
low the orderly conduct of Panel busi­
ness. Interested members of the public
who wish to submit written comments
should do so by addressing the Execu­
tive Director at the'above address. To
receive due consideration and facilitate
inclusion of these comments in the rec­
ord o f the meetings, typewritten state­
ments should be received within 10 days
after the close of the Panel meetings.
Dated: April 28,1977.
W in f r e d H . M e ib o h m ,
Associate Director,
National Marine Fisheries Service.
[F R Doc.77-12711 Filed 5-2-77:8:45 am]
SOUTH ATLANTIC FISHERY MANAGEMENT
COUNCIL SCIENTIFIC AND STATISTI­
CAL COMMITTEE ADVISORY PANEL
Public Meetings
Notice is hereby given of meetings of
the South Atlantic Fishery Management
Council, established by section 302, and
the Council’s Scientific and Statistical
Committee and Advisory Panel, estab­
lished by section 302(g), of the Fishery
Conservation and Management Act of
1976 (Pub. L. 94-265).
The South Atlantic Fishery Manage­
ment Council has authority, effective
March 1, 1977, over fisheries within the
fishery conservation zone adjacent to the
east coast of Florida, Georgia, North
Carolina, and South Carolina. The Coun­
cil will, among other things, prepare and
submit to the Secretary of Commerce
fishery management plans with respect
to the fisheries within its area of au­
thority, prepare comments on applica­
tions for foreign fishing, and conduct
public hearings. The Scientific and Sta­
tistical Committee assists the Council in
the development, collection, and evalu­
ation of such statistical, biological, eco­
nomic, social, and other scientific infor­
mation as is relevant to the Council’s de­
velopment and amendment of any fish­
ery management plan. The Advisory
Panel contains broad representation
from interests affected by Council activi­
ties in order to assist the Council in car­
rying out its functions under the Act.
The Council and Scientific and Statis­
tical Committee will meet jointly Tues­
day through ^Thursday, May 24, 25, and
26, 1977, at the Happy Dolphin Inn, 4900
Gulf Boulevard, St. Petersburg Beach,
Fla. The meeting will convene at 1:30
p.m. on May 24, and adjourn at about
noon on May 26. The daily sessions will
start at 9 a.m. and adjourn at 5 p.m., ex­
cept as otherwise noted. The meeting
may be extended or shortened depending
on progress on the agenda.
P roposed A genda
1. Organization o f Steering Committees and
Teams for: (1) billfish, (2) snapper-
grouper complex, and (3 ) king and
Spanish mackerel.
2. Finalization o f technical procedures and
development of outline for fishery man­
agement plans in cooperation with the
Council’s Scientific and Statistical Com­
mittee.
3. Orientation o f fishery Advisory Panel
-members.
4. Consideration o f permit requests and
other related Council business. *
The Advisory Panel will meet jointly
with the Council and the Scientific and
Statistical Committee on May 24 and 26,
and in separate session at the same fa ­
cility on May 25, beginning at 9 a.m. and
adjourning at approximately 5 p.m.
Proposed A genda
1. Election o f Chairman and Vice Chairman.
2. Review o f charter and development o f op­
erational procedures.
3. Other management business.
Pursuant to the Federal Advisory
Committee Act (Pub. L. 92-463), the
Advisory Panel must be legally char­
tered before it may meet or take any ac­
tion. A t this time the Advisory Panel
does not have an approved charter. This
notice is being given with the condition
that a charter will be in effect by the
meeting date. The Advisory Panel will
meet only if its charter is in effect at
the scheduled time for the meeting. In
order to determine whether the charter
will be in effect in time for the meeting
to take place, any interested person
should contact the Council official listed
elsewhere in this notice. The Council and
Scientific and Statistical Committee will
meet regardless of whether the Advisory
Panel meets.
These meetings will be open to the
public and there will be seating for a
limited number of public members avail­
able on a first come, first served basis.
Members of the public having an inter­
est in specific items for discussion are
also advised that agenda changes are at
times made prior to the meetings. To re­
ceive information on changes, if any,
made to the agendas, interested mem­
bers of the public should contact, on or
about May 20, 1977:
Mr. Ernest D. Premetz, Executive Director,
South Atlantic Fishery Management
Council, Southpark Bldg., suite 306, No. 1
Southpark Circle, Charleston, S.C. 29407;
telephone: 803-571-4366.
A t the discretion of the Council, the
Committee, or the Panel, as appropriate,
interested members of the public may be
permitted to speak at times which will
allow the orderly conduct of official bus­
iness. Interested members of the public
who wish to submit written comments
should do so by addressing the Executive
Director at the aforementioned address.
To receive due consideration and to fa ­
cilitate inclusion o f these comments in
 NOTICES 22391

the record of the meetings, typewritten Committee. Written statements may be opment corporation with its headquar­
statements should be received within 10 submitted at any time before or after the ters in Pittsburgh, requesting a grant of
days after the close of the meetings. meeting. authority to establish a foreign-trade
W ith respect to agenda item (7 ), the zone in Allegheny County, Pennsylvania,
Dated: April 28, 1977. Acting Assistant Secretary of Commerce within the Pittsburgh -Customs port of
W in f r e d H . M e ib o h m , fo r Administration, with the concur­ entry, and a special-purpose subzone in
Associate Director, rence of the delegate of the General Westmoreland County, Pennsylvania,
National Marine Fisheries Service. Counsel, formally determined on Janu­ adjacent to the port of entry. The appli­
ary 27, 1977, pursuant to section 10(d) cation was submitted pursuant to the
[F R Doc.77-12712 Filed 5-2-77;8:45 am] provisions of the Foreign-Trade Zones
o f the Federal Advisory Committee Act,
as amended by section 5(c) of the Gov­ Act of 1934, as amended (19 U.S.C. 81),
Domestic and International Business Ad­ ernment in the Sunshine Act, Pub. L. and the regulations of the Board (15
ministration, Bureau of East-West Trade 94-409, that the matters to be discussed CFR Part 400). I t was formally filed on
in the Executive Session should be ex­ April 28, 1977. The applicant is author­
SEMICONDUCTOR TECHNICAL empt from the provisions of the Federal ized to make such proposals under Penn­
ADVISORY COMMITTEE Advisory Committee Act relating to open sylvania law (Act No. 126, approved
Partially Closed Meeting meetings and publiG participation there­ June 10,1935, Pub. L. 291).
The proposed general-purpose zone
Pursuant to the provisions o f the Fed­ in, because the Executive Session will will occupy 6 acres within the RIDC Park
be concerned with matters listed in 5
eral Advisory Committee Act, 5 U.S.C. West, a 340 acre planned industrial park
U.S.C. 5 5 2 b (c )(l). Such matters are
App. I (Supp. V, 1975), notice is hereby development in the Townships o f Findlay
given that a meeting of the Semicon­ specifically authorized under criteria es­ and North Fayette, Allegheny County,
ductor Technical Advisory Committee tablished by an Executive Order to be Pennsylvania, near the Greater Pitts­
will be held on Thursday, May 19, 1977, kept secret in the interests of the na­ burgh International Airport. The site,
tional defense or foreign policy. All ma­
at 9:30 a.m. in Room 3817, Main Com­ which is served by rail, is located near
merce Building, 14th and Constitution terials to be reviewed and discussed by the Montour interchange of the Penn-
the Committee during the Executive Ses­
Avenue NW., Washington, D.C. Lincoln Parkway, the principal artery be­
The Semiconductor Technical Advi­ sion of the meeting have been properly tween the airport and downtown Pitts­
sory Committee was initially established classified under Executive Order 11652. burgh. Within the zone RIDC will con­
on January 3, 1973. On December 20, All Committee members have appropri­ struct a 40,000 square foot multiple-occu­
1974 and January 13, 1977, the Assist­ ate security clearances. pancy building. Zone users would be able
ant Secretary for Administration, ap­ Copies of the minutes of the open
to lease such space or have facilities con­
proved the recharter and extension of portion of the meeting will be available structed to meet their individual needs.
the Committee, pursuant to section 5(c) upon written request addressed to the
Freedom o f Information Officer, Room Park West is RID C’s third master-
(1) of the Export Administration Act of planned industrial park established in
3012, Domestic and International Busi­
1969, as amended, 50 U.S.C. App. sec. the nine-county Southwestern Pennsyl­
ness Administration, U.S. Department of
2404(c) (1) and the Federal Advisory vania area. The zone is intended to com­
Commerce, Washington, D.C7 20230.
Committee Act. For further information, contact Mr. plement RID C’s efforts at improving the
The Committee advises the Office of area’s resources and services to encour­
Charles C. Swanson, Director, Opera­
Export Administration, Bureau of East- tions Division, Office o f Export Admin­ age industrial investment. Some 22 firms
West Trade, with respect to questions istration, Domestic and International have indicated an immediate interest in
involving technical matters, worldwide Business Administration, Room 1617M, using the proposed zone for interna­
availability and actual utilization of U.S. Department of Commerce, Wash­ tional-trade related manufacturing,
processing, assembly and warehousing
production and technology, and licens­ ington, D.C. 20230, telephone: A/C 202- operations involving such products as:
ing procedures which may affect the 377-4196. optical instruments, amplifiers, motors,
level o f export controls applicable to The Complete Notice o f Determina­ control and instrumentation devices, ma­
semiconductor products, including tech­ tion to close portions of the series of chines and machine parts, valves, com­
nical data related thereto, and including meetings of the Semiconductor Techni­ pressors, chemicals and chemical prod­
ucts, metals and metal products, and
those whose export is subject to multi­ cal Advisory Committee and of any sub­ processed foods.
lateral (COCOM) controls. committees thereof was published in the The special-purpose subzone would
The Committee meeting agenda has F ederal R e g ister on March 2, 1977 (42 encompass a 147 acre portion of the new
seven parts: F R 12078). automobile assembly and manufactur­
G eneral Session ing facility of the Volkswagen Manufac­
Dated: April 27,1977. turing Corporation of America (V W ) lo­
(1) Opening remarks by the Chairman. cated on 300 acres in the Townships of
(2) Presentation o f papers or comments by R atjer H . M e y e r ,
the public. Director, Office of Export Ad­ East Huntingdon and Hempfield, West­
(3) Review o f membership status and sug­ ministration, Bureau of East- moreland County, Pennsylvania. (The
gestions for new members. West Trade, Department of Customs port of entry of Pittsburgh ex­
(4) Selection o f new committee chairman. Commerce. tends into Westmoreland County.) It
(5) Discussion o f foreign availability for dig­ was acquired by VW from the Chrysler
ital integrated circuits, specifically [FR Doc.77-12566 Filed 5-2-77;8:45 am]
Corporation. Located on U.S. Route 119,
7400 TTL, Emitter Coupled Logic the site is about 35 miles southeast o f
(ECL) and Complimentary MOS Pittsburgh and 2 miles south o f the
(CMOS). Foreign-Trade Zones Board
(6) New business. Pennsylvania Turnpike. RIDC, as spon­
[Docket No. 4-77] sor of the subzone, would enter into an
Executive Session operating agreement with VW to satisfy
REGIONAL INDUSTRIAL DEVELOPMENT
(7) Discussion o f matters properly classified CORP. OF SOUTHWESTERN PENNSYL­ the requirements of the Board. From the
under Executive Order 11652 dealing VANIA inception of its planning for a U.S. plant,
with the Ü.S. and COCOM control pro­ V W considered it important to operate
gram and strategic criteria related Application and Public Hearing under free-trade zone procedures, and
thereto. this desire was conveyed to the officials
Notice is hereby given that an applica­
The General Session o f the meeting is tion has been submitted to the Foreign- with whom it conducted its negotiations.
open to the public, at which a limited Trade Zones Board (the Board) by the Consequently, the application contains a
letter from the Governor of Pennsylva­
number of seats will be available. To the Regional Industrial Development Cor­ nia supporting the proposal. VW is ex­
extent time permits members of the pub­ poration of Southwestern Pennsylvania pected to start operations in late 1977
lic may present oral statements to the (R ID C ), a Pennsylvania nonprofit devel­ for producing 200,000 Rabbit model au-

FEDERAL REGISTER, VOL. 42 , NO. 85— TUESDAY, MAY 3, 1977

22392
tomobiles annually, employing up to
5,000 persons. The secondary impact is
expected to result in some 20,000 addi­
tional regional jobs. Zone procedures are
requested to reduce Customs costs and
facilitate entry procedures. Duties would
be paid on autos entering the U.S. mar­
ket from the plant at the 3 percent rate
applicable to the finished product. No
duties would be levied on reexports to
Canada. VW has determined that with­
out zone procedures the average duty
rate on imported parts and components
would be 4.2 percent ad valorem. At the
outset V W plans to import some compo­
nents such as engines, transmissions,
and drive systems. In terms o f value it
is estimated that half of the components
would be o f domestic origin. V W indi­
cates that it uses free-trade zone type
Customs procedures at its other overseas
plants.
In accordance with the Board’s regu­
lations, an Examiners Committee has
been appointed to investigate the appli­
cation and report thereon to the Board.
The Committee consists of Hugh J. Do­
lan (Chairm an), Office of the Secretary,
U.S. Department of Commerce, Wash­
ington, D.C. 20230; John Noon, Director*
Inspection and Control Division, U.S.
Customs Region III, 40 S. Gay Street,
Baltimore, Maryland 21202; and Colonel
Max R. Janairo, Jr., District Engineer,
U.S. Army Engineer District Pittsburgh,
Federal Building, 1000 Liberty Avenue,
Pittsburgh, Pennsylvania 15222.
In connection with its investigation of
the proposal, the Examiners Committee
will hold a public hearing on June 1,
1977, beginning at 9:00 a.m., in Room
2214 o f the Federal Building, 1000 Lib­
erty Avenue, Pittsburgh, Pennsylvania.
The purpose of the hearing is to help in­
form interested persons about the pro­
posal, to provide them with an opportu­
nity to express their views, and to obtain
information useful to the committee.
Interested persons or their representa­
tives will be given the opportunity to
present their views at the hearing. Such
persons should, by May 24, 1977, notify
the Board’s Executive Secretary in writ­
ing, at the address below, of their desire
to be heard. In lieu of an oral presenta­
tion, written statements may be sub­
mitted in accordance with the Board’s
regulations to the Examiners Committee,
care of the Executive Secretary, at any
time from the date o f this notice through
July 1, 1977. A copy o f the application
with accompanying exhibits will be
available during this time for public in­
spection at each o f the following loca­
tions;
Office o f the Director, U.S. Department o f
Commerce District Office, 2002 Federal
Building, 1000 Liberty Avenue, Pittsburgh,
Pennsylvania 15222.
Office o f the Executive Secretary, Foreign-
Trade Zones Board, U.S. Department of
Commerce, Boom 6886-B, Washington, D.C
20230.
Dated; April 28, 1977.
John J. D a P onte , Jr.,
Executive Secretary, Foreign-
Trade Zones Board, Depart­
ment of Commerce.
[FR Doc.77-12605 Filed 5-2-77;8:45 am]
FEDERAL REGISTER, VOL. 42 , NO. 85— TUESDAY, MAY 3, 1977
NOTICES
National Oceanic and Atmospheric Parts or products exempted. Finished
Administration scrimshaw products to be made from ap­
FORT WAYNE CHILDREN’S . proximately 973 whole whale teeth and
ZOOLOGICAL GARDENS 15 pounds of cuttings and pieces of whale
teeth.
Modification of Permit
Written comments on this application
Notice is hereby given that, pursuant may be submitted to the Director, Na­
to the provisions of § 216.23 (d) and (e) tional Marine Fisheries Service, Depart­
of the Regulations Governing the Tak­ ment of Commerce, Washington, D.C.
ing and Importing of Marine Mammals 20235 on or before June 2, 1977.
(50 CFR Part 216), the public display
Permit issued to Fort Wayne Children’s Dated: April 27,1977.
Zoological Gardens, Fort Wayne, Indi­ R obert J. A yers ,
ana 46803, on April 26, 1974, is modified Associate Director fo r
in the following manner. Fisheries Management.
The period o f Validity, during which the [F R Doc.77-12646 Filed 5-2-77;8:45 am]
authorized marine mammals may be taken,
is extended from December 31, 1976, to De­
cember 31,1978. STATE OF ALASKA DEPARTMENT OF
FISH AND GAME
This modification is effective May 3,.
1977. Receipt of Application for Scientific
The permit, as modified, is available Research Permit
for review in the following offices: Notice is hereby given that the follow­
Director, National Marine Fisheries Service, ing Applicant has applied in due form for
3300 Whitehaven Street, NW., Washington, a permit to take marine mammals for the
D.C. purpose of scientific research, as author­
Regional Director, National Marine Fisher­
ies Service, Northeast Region, Federal
ized by the Marine Mammal Protection
Building, 14 Elm Street, Gloucester, Mas­ Act of 1972 (16 U.S jC. 1361-1407) and the
sachusetts 0193Ó. Regulations Governing the Taking and
Regional Director, National Marine Fisheries Importing of Marine Mammals (50 CFR
Service, Southwest Region, 300 South Part 216).
Ferry Street, Terminal Island, California State o f Alaska, Department of Fish
90731. and Game, Support Building; Juneau,
Dated: April 15,1977. Alaska 99801, to take by killing three
hundred sixty (360) animals, consisting
J ack W. G ehringer , o f ninety (90) each of the following
Deputy Director, National species:
Marine Fisheries Service.
Ringed seal (Phoca hispida)
[F R Doc.77-12543 Filed 5-2-77;8:45 am] Bearded seal (Erignathus barhatus)
Ribbon seal (Phoca fasciata)
Spotted seal (Phoca vitulina largha)
MARVIN MORRIS COHEN
and by marking the following number
Receipt of Application for Certificate of and species of animals:
Exemption
200 Ringed seal (Phoca hispida)
Notice is hereby given that the follow­ 100 Ribbon seal (Phoca fasciata)
ing applicant has applied in due form for 300 Spotted seal (Phoca vitu lina largha)
a Certificate of Exemption under Pub. L. The proposed research will be conducted
94-359, and the regulations issued there­ over a three year period in the Gulf of
under (50 CFR Part 222, Subpart B ) , to Alaska by personnel o f the Alaska De­
engage in cèrtain commercial activities partment of Fish and Game. H ie species
with respect to pre-Act endangered spe­ are needed as a basic source of material
cies parts or products. and data for the research and manage­
Applicant: Marvin Morris Cohen, ment programs conducted by the State
14116 Bauer Drive, Rockville, Maryland of Alaska, including, but not limited to,
20853. studies o f : species life history, population
Period of exemption. H ie applicant assessment, food habits, reproduction,
requests that the period o f time to be natural mortality, taxonomy and sys-
covered by the Certificate of Exemption tematics, physiology, interspecific rela­
begin on the date of the original issuance tionships, pesticides and heavy metal
of the Certificate of Exemption and be burdens, and seasonal movements and
effective fo r a 3-year period. distribution.
Commercial activities exempted, (i) Specimen materials not utilized in De­
The prohibition, as set forth in section partment of Fish and Game projects will
be made available to other researchers.
9(a) (1 ) (A ) o f the Act, to export any such Skeletal materials will be placed in the
species part from the United States; collections of the University o f Alaska
(ii) The prohibition, as set forth in sec­ and the Smithsonian Institution. Usable
tion 9(a) (1) (E) of the Act, to deliver, remains will be given, where feasible, to
coastal residents for food.
receive, carry, transport, or ship in inter­ Documents submitted in connection
state or foreign commerce, by any means with this application are available in the
whatsoever and in the course of commer­ following offices:
cial activity any such species part; Director, National Marine Fisheries Service,
(iii) The prohibitions, as set forth in 3300 Whitehaven Street, N.W., Washington,
D.C.
section 9(a) (1) (F ) o f the Act, to sell or Regional Director, National Marine Fisheries
offer for sale in interstate or foreign Service, Alaska Region, P.O. Box 1668, Ju­
commerce any such species part. neau, Alaska-99801.
I

Concurrent with the publication o f this
notice in the F ederal R eg ister the Sec­
retary of Commerce is sending copies o f
this application to the Marine Mammal
Commission and the Committee of Scien­
tific Advisors.
Written data or views, or request for
a public hearing on this application,
should be submitted to the Director, Na­
tional Marine Fisheries Service, Depart­
ment of Commerce, Washington, D.C.
20235, on or before June 2, 1977. Those
individuals requesting a hearing should
set forth the specific reasons why a hear­
ing on this particular application would
be appropriate. The holding of such hear­
ing is at the discretion of the Director.
All statements and opinions that may
be contained in this notice in support of
this application are summaries o f those
of the Applicant and do not necessarily
reflect the views of the National Marine
Fisheries Service.
Dated: April 26,1977.
R o bert J. A y e r s ,
Acting Assistant Director for
Fisheries Management, Na­
tional Marine Fisheries Serv­
ice.
[FR Doc.77-12542 Filed 5-2-77;8:45 am]
TWENTIETH CENTURY-FOX MARINELAND,
INC.
Receipt of Application for Public Display
Permit
Notice is hereby given that the follow­
ing Applicant has applied in due form for
a permit to take marine mammals for
public display as authorized by the M a­
rine Mammal Protection Act of 1972 (16
U.S.C. 1361-1407) and the Regulations
Governing the Taking and Importing of
Marine Mammals (50 CFR Part 216).
Twentieth Century-Fox Marineland,
Incorporated, 6600 Palos Verdes Drive
South, Rancho Falos Verdes, California
90274, requests to take two (2) Pacific
white-sided dolphins ( Lagenorhynchus
obliquidens) and two (2) Pacific bottle­
nosed dolphins ( Tursiops g illi) for the
purposes of public display.
The four dolphins will be taken by the
Applicant’s collecting vessel near Santa
Catalina, California. The animals will be
taken by means of a hoop-net.
The animals will be acclimated in a
circular pool with a diameter of 43 feet
and a depth of 12.5 feet having a ca­
pacity o f 135,000 gallons.
The white-sided dolphins will be dis­
played in an oval shaped pool, 61 feet by
38 feet by 12.5 feet deep. The bottlenosed
dolphins will be displayed in a pool 118
feet by 58 feet by 13 feet deep.
Twentieth Century-Fox Marineland
Incorporated is a profit organization.
The f acility hosts 1.0 million visitors an­
nually, and approximately 100,000 of
those visitors are involved in educational
programs.
The arrangements and facilities for
transporting and maintaining the ma­
rine mammals requested in the above da-
scribed application have been inspected
by a licensed veterinarian, who has certi­
fied that such arrangements and facili­
FEDERAL REGISTER, VOL. 4 2 , NO. 85— TUESDAY, MAY 3 , 1977
NOTICES 22393
ties are adequate to provide' for the well­ b. The change in air pollutant emis­
being o f the marine mammals involved. sions will be an increase in visible smoke
Documents submitted in connection emissions and hydrocarbons, a slight in­
with the above application are available crease in the amount of sulfur-oxides
fo r review in the following offices: and nitrogen oxides and a substantial
Director, National Marine Fisheries Service, decrease in carbon monoxide and par­
3300 Whitehaven Street NW., Washington, ticulate emissions from the present Na­
D.C.; and Regional Director, National Ma­ tional Guard Bureau (NG B ) opera­
rine Fisheries Service, Southwest Region, tions. Visible smoke emissions will be
300 South Ferry Street, Terminal Island, increased since some training takeoffs
California 90731. will be in the augmented (wet) mode.
Concurrent with the publication of Ambient air quality in the vicinity of
this notice in the F ederal R e g ister , the Greater Pittsburgh IA P revealed mini­
Secretary of Commerce is forwarding mal exceedance o f Ambient A ir Quality
copies of this application to the Marine Standards for particulates. I t is antici­
Mammal Commission and its Committee pated that the proposed aircraft opera­
of Scientific Advisors. tion would have a minimal effect on
W ritten views or data, or requests for present ambient quality levels in the
a public hearing on this application vicinity of the airport.
should be submitted to the Director, Na­ c. The proposed action has been
tional Marine Fisheries Service, Depart­ widely publicized in the local area. There
ment of Commerce, Washington, D.C. is no known opposition or concern which
20235, on or before June 2, 1977. Those has surfaced as a result of the an­
individuals requesting a hearing should nouncement o f the proposed conversion.
For the reasons outlined above, the
set forth the specific reasons why a
hearing on this particular application United States A ir Force has decided not
would be appropriate. The holding of to file a D raft EIS with the Council on
such hearing is at the discretion of the Environmental Quality (CEQ) but has
Director. prepared an Environmental Determina­
All statements and opinions contained tion.
in this notice in support of this applica­ Copies o f the Environmental Deter­
tion are summaries of those of the Ap­ mination and the supporting docu­
plicant and do not necessarily reflect the mentation are available upon request to
views of the National Marine Fisheries the HQ USAF/PREV, Pentagon, Wash­
Service. ington, D.C. 20330.
Dated: April 27,1977. F r a n k ie S. E s t e p ,
A ir Force Federal Register Liaison,
R obert J. A y e r s , Directorate of Administration.
Acting Assistant Director for
Fisheries Management Na­ [F R Doc.77-12578 Filed 5-2-77;8:45 am]
tional Marine Fisheries Serv­
ice.
INTENT TO PREPARE ENVIRONMENTAL
[F R Doc.77-12645 Filed 5-2-77;8:45 am] IMPACT STATEMENT
A p r il 21,1977.
DEPARTMENT OF DEFENSE Notice is hereby given that in accord­
ance with the National Environmen­
Department of the Air Force
tal Policy Act, the United States Air
ENVIRONMENTAL DETERMINATION Force intends to prepare a Draft Envi­
ronmental Impact Statement on the pro­
A p r il 21, 1977.
posed construction, activation and
On April 9, 1976 the Department of
operation o f Space Shuttle facilities at
the Air Force announced in the F ederal
Vandenberg Air Force Base and sup­
R e gister (page 15038) its intent to pre­
pare Environmental Impact Statements porting activities at Port Hueneme,
California.
(EISs) on certain proposed manage­
ment actions announced by Secretary of Construction of facilities is proposed
the Air Force Thomas C. Reed on March to begin in 1979 for completion in late
11, 1976. 1982. The initial operational capability
Among the actions fo r which an EIS o f Vandenberg for the Space Shuttle pro­
was to be prepared was the transfer of gram is proposed for December 1982. Op­
KC-135 tankers to the A ir Reserve erations would include the launch and
Forces at Greater Pittsburgh Interna­ landing o f the space orbiter; the recovery
tional Airport, Pennsylvania. A fter care­ and refurbishing of the solid rocket
fu l review of the Environmental Impact boosters; and all associated ground sup­
Assessment (E IA ) it was determined port for the shuttle program at Vanden­
that the proposed action was not a berg.
major Federal action significantly A ll interested persons desiring to sub­
affecting the quality of the human en­ mit comments on the environmental e f­
vironment nor was it likely to be highly fects of the above action should address
controversial with regard to its environ­ them to the Special Assistant fo r Envi­
mental impacts. ronmental Quality, SAF/ITiE, Office of
a. Analysis o f the noise environmentthe Secretary of the A ir Force, Washing­
indicates an insignificant contribution ton, D .C.20330.
by the proposed KC-135 operations at F r a n k ie S. E s t e p ,
Greater Pittsburgh International A ir­ A ir Force Federal Register Liaison
port ( I A P ) . Installation of a sound sup­ Directorate of Administration.
pressor on the engine test stand is
programmed. [F R Doc.77-12579 Filed 5-2-77;8:45 am]
22394
Office of the Secretary
DEFENSE SCIENCE BOARD, TASK FORCE
ON INTELLIGENCE
Advisory Committee Meeting
The Defense Science Board Task
Force on Intelligence will meet in closed
session on May 20, 1977, in the Penta­
gon, Washington, D.C.
The mission of the Defense Science
Board is to advise the Secretary o f De­
fense and the Director of Defense R e­
search and Engineering on scientific and
technical matters as they affect the per­
ceived needs of the Department of
Defense.
The Task Force will provide a review
o f intelligence requirements and issues
reporting on alternative solutions.
In accordance with Section 10(d) of
Appendix I, Title 5, United States Code,
it has been determined that this Task
Force meeting concerns matters listed in
Section 552b.(c) of Title 5 of the United
States Code, specifically subparagraph
(1) thereof, and that accordingly this
meeting will be closed to the public.
M au rice W. R o ch e ,
Director, Correspondence and
Directives, Office of the As-
sistant Secretary of Defense
( Comptroller).
A pril 28, 1977.
[F R Doc.77-12622 Filed 6-2-77;8:45 am]
FEDERAL COMMUNICATIONS
COMMISSION
RADIO TECHNICAL COMMISSION FOR
MARINE SERVICES
Meetings
In accordance with Public Law 92-463,
“ Federal Advisory Committee Act,” the
schedule of future Radio Technical
Commission for Marine Services
(R TC M ) meetings is as follows:
R TCM SC 69/FCC W ARC-79 A dvisory
C ommittee for M aritime M obile
S ervice
Thirteenth meeting at 1919 M Street
NW., Washington, D.C., in Room 847, at
9:30 a.m.-12:30 p.m., Tuesday, May 24,
1977.
AGENDA
1. Call o f the agenda.
2. Chairman’s opening remarks.
3. Reports of the task forces.
4. Review work to be accomplished.
5. Further business.
6. Set date for next meeting.
7. Adjournment.
Charles Dorian, Chairman SC 69, COMSAT
General, 950 L ’Enfant Plaza SW., Wash­
ington, D .C.20024.
To comply with the advance notice
requirements of Public Law 92-463, a
comparatively long interval of time oc­
curs between publication of this notice
and the actual meeting. Consequently,
there is no absolute certainty that the
listed meeting room will be available on
the day of the meeting. Those planning
to attend the meeting should report to
the room listed in the notice. I f a room
substitution has been made, the new
FEDERAL REGISTER, VOL. 42 , NO. 85— TUESDAY, MAY 3 , 1977
NOTICES
meeting room location will be posted at
the room listed in this notice.
Agendas, working papers, and other
appropriate documentation fo r the
meeting is available at that meeting.
Those desiring more specific informa­
tion may contact either the designated
Chairman or the RTC M Secretariat,
phone 202-632-6490.
The RTC M has acted as a coordinator
for maritime telecommunications since
its establishment in 1947. Problems are
studied by Special Committees and the
final report is approved by the RTCM
Executive Committee. All RTC M meet­
ings are open to the public. Written
statements are preferred but by previous
arrangement, oral presentations will be
permitted within time and space
limitations.
F ederal C ommunications
C om m ission ,
V incent J. M u l l in s ,
Secretary.
[F R Doc.77-12647 Filed 5-2-77;8:45 am]
FEDERAL ENERGY
ADMINISTRATION
STRATEGIC PETROLEUM RESERVE
West Hackberry Salt Dome ^Storage Site;
Availability of Supplement to Final En­
vironmental Impact Statement
Pursuant to Section 102(2) (C) of the
National Environmental Policy Act, 42
U.S.C. 4332(2) (C) et seq., the Federal
Energy Administration (FEA) has pre­
pared a supplement to the environmental
impact statement (EIS) for the West
Hackberry salt dome site. The supple­
ment describes the environmental im­
pacts o f a proposed change in pipeline
siting associated with the West Hack­
berry storage facility.
The West Hackberry site has been se­
lected as a key element of the Strategic
Petroleum Reserve. The Reserve (man­
dated by Part B of Title I, Energy Policy
and Conservation Act, 42 U.S.C. 6231-
6246) will be created for the storage of
crude oil and/or petroleum products for
use in the event of Presidential determi­
nation of a severe energy supply inter­
ruption or a requirement to meet the
obligations of the United States under
the International Energy Program.
FEA will allow for a minimum of 30
days for interested parties to comment
before taking any administrative action
with regard to the proposed pipeline al­
teration. Moreover, FEA will endeavor to
comply with any requests (received dur­
ing the 30-day period) for extensions of
the review period up to a maximum of 15
days.
Single copies of the suppl°ment to the
West Hackberry EIS (DES-76/77-4)
may be obtained from the FEA, Office of
Communications and Public Affairs,
Room 3138, 12th and Pennsylvania
Avenue NW., Washington, D.C. 20461.
Copies of the supplement will also be
available for public review in the FEA
Information Access Reading Room,
Room 2107, 12th and Pennsylvania A v­
enue N.W., Washington, D.C. 20461, be­
tween 8:00 a.m. and 4:30 p.m., Monday
through Friday, except Federal holidays.
Interested persons are invited to sub­
mit data, views or arguments with re­
spect to the supplement to Executive
Communications, Box MB, Room 3309,
Federal Energy Administration, 12th and
Pennsylvania Avenue NW., Washington,
D.C. 20461.
Comments should be identified on the
outside of the envelope and on the docu­
ments submited to FEA Executive Com­
munications with the designation “ Sup­
plement to the West Hackberry EIS
(FES-76/77-4).” Fifteen copies should
be submitted. All comments should be re­
ceived by FEA by June 1, 1977, in order
to receive full consideration.
Any information or data considered
by the person furnishing it to be confi­
dential must be so identified and sub­
mitted in one copy only. The FEA re­
serves the right to determine the confi­
dential must be so identified and sub-
and to treat it according to that deter­
mination.
Issued in Washington, D.C., April 27,
1977.
E ric J. F y g i ,
Acting General Council,
Federal Energy Administration.
[F R Doc.77-12613 Filed 4-28-77;3:22 pm]
FEDERAL MARITIME COMMISSION
GENERAL PRINCIPLES RELATING TO
EQUALIZATION AND ABSORPTION
CLARIFICATION OF DENIAL OF PETI­
TION FOR RULEMAKING
Filing of Petition for Modification
Correction
In FR Doc. 77-12109, appearing on
page 21511 in the issue of Wednesday,
April 27, 1977, the number in the fourth
line of the last paragraph in the first
column should read, “ 73-35” .
AMERICAN EXPORT LINES, INC., ET AL
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 ob­
tain a ’ copy of the agreement at the
Washington office of the Federal Mari­
time Commission, 1100 L Street, N.W.,
Room 10126; or may inspect the agree­
ment at the Field Offices located at New
York, N.Y., New Orleans, Louisiana, San
Francisco, California and San Juan,
Puerto Rico. Comments on such agree­
ments, including requests for hearing,
may be submitted to the Secretary, Fed­
eral Maritime Commission, Washington,
D.C. 20573, on or before May 23, 1977.
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 evi­
dence. An allegation of discrimination
or unfairness shall be accompanied by a

statement describing the discrimination
or unfairness with particularity. I f a
violation of the Act or detriment to the
commerce of the United States is alleged,
the statement shall set forth with par­
ticularity the acts and circumstances
said to constitute such violation or detri­
ment 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 Piled by:
Howard A. Levy, Esquire, 17 Battery Place,
Suite 727, New York, New York 10004.
Agreement No. 10294, among Ameri­
can Export Lanes, Inc., Atlantic Con­
tainer Line (G .I.E.), Dart Containerline
Co., Ltd., Hapag-Lloyd AG, Sea-Land
Service, Inc., Seatrain International,
S.A. and United States Lines, Inc. applies
to shipments from, to or via Atlantic and
Gulf ports of the United States moving
in marine container units stuffed by
shippers and/or stripped by consignees,
or any agent or contractor of such ship­
pers and/or consignees. The agreement
applies to containers loaded with any
number o f mixed commodities by any
person, as defined by the Shipping Act,
1916, but not limited to forwarders, con­
solidators and non-vessel operating com­
mon carriers, on behalf o f any number
of multiple shippers. The parties shall
not make or give, directly or indirectly,
any payment, allowance, or other com­
pensation fo r the consolidation or de-
consolidation o f shipments subject to
this agreement performed at any place
other than a deepsea waterfront facility.
By Order o f the Federal Maritime
Commission.
Dated: April 19, 1977.
J o s e p h C. P o l k in g ,
Acting Secretary.
[F R Doc.77-12641 Filed 5-2-77:8:45 am]
CITY OF LONG BEACH AND NATIONAL
MOLASSES CO.
Notice of Agreement Filed
Notice is hereby given that the fo l­
lowing agreement has been filed with the
Commission fo r 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 pb-
tain a copy o f the agreement at the
Washington office o f the Federal Mari­
time Commission, 1100 L Street, NW.,
Room 10126; or may inspect the agree­
ment 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 agree­
ments, including requests for hearing,
may be submitted to the Secretary, Fed­
eral Maritime Commission, Washington,
D.C. 20573, on or before May 23, 1977.
Any person desiring a hearing on the
proposed agreement shall provide a clear
and concise statement o f the matters
FEDERAL REGISTER, VOL. 4 2 , NO. 85—-TUESDAY, MAY 3 , 1977
NOTICES
upon which they desire to adduce evi­
dence. An allegation of discrimination or
unfairness shall be accompanied by a
statement describing the discrimination
or unfairness with particularity. I f a vio­
lation of the Act or detriment to the
commerce of the United States is alleged,
the statement shall set forth with par­
ticularity the acts and circumstances
said to constitute such violation or detri­
ment 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:
Mr. Leslie E. Still, Jr., Deputy C ity Attorney,
City o f Long Beach, City Hall, 333 West
Ocean Blvd., Long Beach, California 90802.
Agreement No. T —2153—5, between City
o f Long Beach and National Molasses
Company (N M C ), modifies the basic
agreement between the parties which
provides for the exclusive use of land
and the preferential use of a wharf on
Pier J to be used as a liquid bulk ter­
minal. The purpose of the modification is
to allow NMC to amend the insurance re­
quirements by providing for deductibles
or self-insured retention in any amount
up to $25,000.
By Order of the Federal Maritime
Commission.
Dated: April 28, 1977.
J o s e p h S. P o l k in g ,
Acting Secretary.
[F R Doc.77-12642 Filed 5-2-77:8:45 am]
CITY OF LONG BEACH AND NATIONAL
MOLASSES 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).
Intersted parties may inspect and ob­
tain a copy of the agreement at the
Washington office of the Federal M ari­
time Commission, 1100 L Street, N.W.,
Room 10126; or may inspect the agree­
ment 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 agree­
ments, including requests for hearing,
may be submitted to the Secretary, Fed­
eral Maritime Commission, Washington,
D.C. 20573, on or before May 23, 1977.
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 evi­
dence. An allegation of discrimination or
unfairness shall be accompanied by a
statement describing the discrimination
or unfairness with particularity. I f a
violation of the Act or detriment to the
commerce of the United States is alleged,
the statement shall set forth with par­
ticularity the acts and circumstances said
22395
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:
Mr. Leslie E. Still, Jr.. Deputy City Attorney,
City of Long Beach, City Hall, 333 West
Ocean Blvd., Long Beach, California 90802.
Agreement No. T-2647-1, between City
of Long Beach and National Molasses
Company (N M C ), modifies the basic
agreement between the parties which
provides for the lease of certain premises
on Pier A to be used as a tank farm, the
secondary assignment of berths and a
license for the continued operation of
pipeline between the tank farm and
berths. The purpose of this modification
is to allow NMC to amend the insurance
requirements by providing for deducti­
bles of self-insured retention in any
amount up to $25,000.
By Order of the Federal Maritime
Commission.
Dated: April 28, 1977.
J o seph C. P o l k in g ,
Acting Secretary.
[F R Doc.77-12644 Filed 5-2-77:8:45 am]
PORT EVERGLADES AUTHORITY AND
SEA-LAND SERVICE INC.
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 o f 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 M ari­
time Commission, 1100 L Street, NW.,
Room 10126; or may inspect the agree­
ment 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 agree­
ments, including requests for hearing,
may be submitted to the Secretary, Fed­
eral Maritime Commission, Washington,
D.C. 20573, on or before May 23, 1977.
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. I f a
violation of the Act or detriment to the
commerce of the United States is alleged,
the statement shall set forth with par­
ticularity the acts and circumstances
said to constitute such violation or det­
riment 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.
 22396
Notice o f Agreement Piled by:
Mr. W illiam C. Blood, Manager, Foreign-
Trade Zone No. 25, Port Everglades Au­
thority, P.O. Box 13136, Port Everglades,
Florida 33316.
Agreement No. T-3457, between Port
Everglades Authority (Authority) and
Sea-Land Service, Inc. (Sea-Land),
provides for the one-year lease of 4.67
acres of land in Hollywood, Florida, to be
used in connection with the handling of
containers. As compensation, Sea-Land
will pay $2,980 per month (based on land
rental and a percentage o f improvements
on the land) plus applicable taxes and
utility charges. Thirty days after Author­
ity has received combined revenues of
$54,929 (which includes land rent, rev­
enues from vessel dockage and cargo
wharfage and one month’s rent) and for
each succeeding month, Authority will
refund to Sea-Land that month’s land
rent. In the event combined revenues ex­
ceeds $83,625, Authority will refund all
land rental paid during the lease year
not previously refunded. Sea-Land has
option to expand operations to include
adjoining three acres o f land.
By Order of the Federal Maritime
Commission.
Dated: April 28,1977.
J o s e p h C. P o l k in g ,
Acting Secretary.
[F R Doc.77-12643 Filed 5-2-77;8:45 am]
FEDERAL POWER COMMISSION
[Docket No. RP76-66]
Mc C u l l o c h in t e r s t a t e g a s c o .
Order Approving Transportation Rate
Settlement
A p r il 25, 1977.
On August 24, 1976, McCulloch Inter­
state Gas Corporation (McCulloch) filed
a proposed stipulation and agreement of
settlement which, if approved, would re­
solve all issues in the above-captioned
proceeding. For the reasons set forth, the
Commission finds the proposed stipula­
tion and agreement to be reasonable and
that it should be approved and adopted.
This proceeding began on March 2,
1976, when. McCulloch tendered for fil­
ing First Alternative and Second Alter­
native First Revised Sheets to its FPC
Gas Tariff, Original Volume No. 1. The
purpose of McCulloch’s proposed sheets
was to increase the rate for jurisdic­
tional natural gas transportation service
in the Powder River Basin areas of W y­
oming. The First Alternative Sheet pro­
posed an increase in McCulloch’s X - l
special transportation rate from 3.5 cents
per M cf to 14.68 cents per Mcf. This
would have increased McCulloch’s reve­
nues by $964,380 annually based upon a
volumetric allocation of transportation
costs. The Second Alternative Sheet pro­
posed use of an inch-mile method of al­
location and would have increased the
rate to 6.10 cents per Mcf. On March 31,
1976, the Commission accepted for filing
the First Alternative Sheet, suspended
its operation for five months, until Sep­
FEDERAL REGISTER. VOL. 4 2 . NO. 85— TUESDAY. MAY 3 , 1977
NOTICES
tember 1, 1976, and set the matter for
hearing.
A fter the service of Staff’s top sheets
settlement discussions were held on July
22 and 23, 1976. These discussions led to
the instant agreement. Public notice of
the settlement was issued on September
9,1976, with comments due to be filed on
or before October 8, 1976. No comments
have been received.
The settlement transportation rate of
7.0tf per M cf represents an annual in­
crease in revenues under McCulloch’s
Rate Schedule X - l of $460,000 fo r these
transportation services. This is based
upon a total cost of service of $5,087,243,
as shown in Appendix A, with an overall
rate of return of 9.83 percent. The set­
tlement cost of service reflects also down­
ward revisions relating to the elimina­
tion of an inflation factor, the elimina­
tion o f purchased gas cost adjustments
in this docket, and decreases in income
taxes and working capital. The $460,000
transportation revenue relates to the
transportation services by McCulloch for
Mt. Fuel Supply Company. McCulloch
supplies transportation service to Arco
at a contractual rate of $1.00375 per Mcf.
Arco’s transportation rate is unaffected
by this settlement agreement.
The other sections of the proposed
agreement state that this “ represents a
negotiated settlement” and that no party
has agreed to or accepted any ratemak­
ing principle as a result of this settle­
ment: that McCulloch shall file within 10
days of the issuance of an order approv­
ing the settlement revised tariff sheets
to reflect the settlement; and, that Mc­
Culloch will refund within 10 days of the
issuance of the order any excess amounts,
together with simple interest at the rate
of 9 percent per annum from the effec­
tive date of the rates to the date McCul­
loch mails the refund. Finally, the pro­
posed agreement provides that the
agreement shall be effective as of Sep­
tember 1, 1976, and shall terminate as
o f the effective date of any rate change
filed by McCulloch.
The Commission’s review o f the pro­
posed Agreement indicates that it re­
solves the issues in this proceeding in an
equitable manner. The agreed upon
amount fo r transportation service rep­
resents a compromise which provides a
reasonable increase in the revenues re­
ceived from the transportation service.
Accordingly, the Commission finds that
the proposed Agreement should be ap­
proved.
The Commission orders: (A ) The pro­
posed Stipulation and Agreement certi­
fied on August 24,1976, in the referenced
docket is hereby approved. That Agree­
ment is hereby incorporated by reference
to this order.
(B ) McCulloch shall file within ten
days of the issuance of this order revised
tariff sheets, to be effective September 1,
1976, in accordance with the Rate Reduc­
tion section of the Agreement, to reflect
the reduced rates resulting from ap­
proval of this Agreement.
(C) Within 10 days from the date of
this order, McCulloch shall refund to its
customers all amounts collected in ex­
cess of the settlement rates, together
with interest at the rate of 9 percent per
annum. Within 10 days thereafter, Mc­
Culloch shall file with the Commission
a report of the refunds and interest paid.
(D ) This order is without prejudice to
any findings or orders which have been
made or which may hereafter be made by
the Commission, and is without prejudice
to any claims or contentions which may
be made by the Commission, its Staff or
any party or person affected by this or­
der in any proceeding now pending or
hereafter instituted by or against McCul­
loch or any person or party.
(E ) The Secretary shall cause prompt
publication of this order to be made in
the F ederal R e g iste r .
By the Commission.
K e nneth F. P l u m b ,
Secretary.
[F R Doc.77-12501 Filed 5-2-77;8:45 am]
[Docket No. RP75-102]
PANHANDLE EASTERN PIPE LINE CO.
Order Accepting in Part and Rejecting in
Part Settlement Agreement
A p r il 25,1977.
P rocedural H is t o r y
On May 14, 1975, Panhandle Eastern
Pipe Line Company (Panhandle) filed
revised tariff sheets providing for a gen­
eral rate increase of $31.2 million based
on a claimed cost of service of $415,899,-
703 for the twelve months ended Febru­
ary 28,1975, as adjusted. By order issued
June 30, 1975, the use of the tariff sheets
was suspended until December 1, 1975.
Based on conditions in the suspension
order, Panhandle filed substitute tariff
sheets on October 31, 1975, which were
amended by a subsequent filing on De­
cember 10,1975, reflecting a reduction in
the cost of purchased gas, an increase in
advance payments, a United rate design
and a revised demand charge adjust­
ment. The substitute rates increased
Panhandle’s proposed annual increase to
$41 million, based mainly on a claimed
rate of return of 9.45%, increases in gas
supply facilities and operating costs, and
decreased sales volumes.
A fter completing its investigation,
Staff served its case on February 25,1976.
Staff’s primary adjustments reducing
Panhandle’s claimed cost of service by
$17,451,896 represented reductions in
purchased gas costs,.labor, Gas Arctic
and Northern Border project costs, re­
turn and related income taxes, and an
increase in revenue credits. Subsequent
conferences held among Panhandle,
Staff, intervening customers, consumers
and municipalities resulted in a settle­
ment agreement which would provide an
annual revenue increase of approxi­
mately $32 million based upon a stipu­
lated total cost o f service o f $402,454,016.
The Presiding Administrative Law Judge,
Samuel Kanell, opened the hearings on
June 22, 1976, at which time the testi­
mony of witnesses for Panhandle, inter-
venors, and1 Staff was taken into the

•ecord. The hearings were concluded on
Tune 28, 1976, with the taking o f addi­
tional testimony relating to Panhandle’s
expenses applicable to the Gas Arctic
ind Northern Border projects. The sett­
lement agreement was certified to the
Commission on June 30,1976. The agree-
nent reflected the concurrence of all
>arties with the exception of Staff which
ipposed the inclusion o f $1,951,181 in the
tipulated cost of service relating to the
forementioned projects.
S tipulation and A greement
The agreement provides fo r rate re-
uctions and refunds, with interest at the
ate o f 9% per annum, based on the sett­
lement rates shown on Appendices A
hrough D of Exhibit No. 3. The Appen-
lix B rates are to be effective December
1, 1975, through January 31, 1976. For
February 1, the rates are reflected in
Appendix C o f Exhibit No. 3, and for the
period commencing February 2 through
March 31, the rates are reflected in Ap­
pendix D of the same exhibit. The rates
set out at Appendix A o f Exhibit No. 3
are to be effective commencing April 1,
1976. The differences between the settle­
ment rates are due to PG A and surcharge
adjustments.
Other important provisions of the
agreement are summarized as follows:
Article IV provides for tracking o f ad­
vance payments and sets forth the man­
ner in which Panhandle may increase its
rates to reflect a level higher than the
$59,144,787 included in rate base, and
reduce its rates to reflect any repayment
of advance payments included in rate
base.
Article V provides for adjustment of
rates to reflect any change in the Federal
income tax rate o f 48% up or down.
Article V I reserved for hearing the
issues on costs applicable to the Gas
Arctic and Northern Border projects in
the amounts o f $1,632,481 and $525,000«
respectively. Panhandle agrees to make
rate reductions and refunds on amounts
ultimately disallowed.
Article V II provides that the effective­
ness of the agreement is subject to final
Commission approval without modifica­
tion or condition, except with respect to
Article VI. Panhandle requests waiver
of the Regulations, as required.
S ettlement C ost of S ervice
The agreement is based upon a juris­
dictional cost of service o f $381,999,724
with annual jurisdictional sales of 540,-
899,311 Mcf. This cost o f service repre­
sents an Increase in annual revenue re­
quirements of $32 million above the reve­
nue that wouid be generated by Pan­
handle’s underlying rates and test period
sales. It also represents a reduction of $9
million from the revenues generated by
the revised jurisdictional rates claimed
by Panhandle.
Notice of the settlement certification
was issued on July 9, 1976, with com­
ments due by July 23, 1976. Staff filed
comments supporting the exclusion of
$1,951,181 from the settlement cost of
service, representing post certificate ap­
plication costs on the Gas Arctic and
FEDERAL REGISTER, VOL. 4 2 , NO. 85— TUESDAY, MAY 3, 1977
NOTICES 22397
Northern Boarder projects. Michigan volved made a statement that the proj­
Consolidated Gas Company filed com­ ects were feasible. Thus they can no
ments urging th e Commission to approve longer fit within the definition of R&D
the entire settlement agreement includ­ found in the Commission’s regulations.” 3
ing all costs associated with these proj­ In support of inclusion of the subject
ects. expenditures, Panhandle argues that Ac­
On March 10, 1977, Panhandle filed a count No. 183 is inappropriate for ex­
motion for a prompt decision in this mat­ penditures made after the feasibility of a
ter or in the alternative, to approve the project has been determined. Panhandle
proposed settlement agreement and re­ characterizes as “ purely mechanical”
serve its decision on the contested issue. staff’s proposal to eliminate these ex­
The settlement agreement provides that penditures. “ There simply is no basis for
the Commission should decide this issue considering tfie expenditures after the
on the record evidence. Should the Com­ cut off as being less worthy or more
mission determine that all or a portion of shareholder-related than the earlier ex­
the project costs are not includable in the penditure.” 4 Panhandle also contends
settlement cost of service, the agreement that the evidence demonstrates that the
provides that Panhandle would be re­ expenditures involved here have been rel­
quired to make a further adjustment in atively constant and that the amounts
the settlement rates as a result of a final expended by Panhandle for its share of
Commission order no longer subject to the Gas Artie and Northern Border Proj­
judicial review. Panhandle further states ects during the months of the test year
that by severing the contested issue and have not decreased during succeeding
permitting the reduced rates in the months.
agreement to go into effect, the Commis­ The question in this proceeding comes
sion can implement the benefits o f the down to whether or not the expenses at
settlement and at the same time protect issue represent research and develop­
the public interest. Inasmuch as the in­ ment expenditures. The staff agrees that
stant order disposes of the entire settle­ all such expenditures made by Pan­
ment, we will treat Panhandle’s motion handle in “ Phase I ” (i.e., prior to the ap­
as moot. plication by Panhandle for a certificate)
D iscussion of these projects should be treated as re­
search and development costs.5
W e turn first to the only litigated and
Research and Development is defined
contested portion o f the settlement; the
in the Commission’s Uniform System of
inclusion o f the actual expenditures of
Accounts at 18 C.F.R. 212, Definition 2&B.
Panhandle for test ye&r operating ex­
penses in the amount of $1,426,181 and "Research and Development” means ex­
$525,000 for Panhandle’s share of ex­ penditures Incurred by natural gas companies
either directly or through another person or
penses applicable to the Gas Arctic organization (such as research institute, in­
Northwest Project and the Northern Bor­ dustry association, foundation, university,
der Pipe Line PProject, respectively. As engineering company, or simUar contractor)
noted by the Judge : in pursuing research and development activ­
ities including experiment, design, installa­
Staff argues that while it was proper for
tion, construction, or operation. Such re­
Panhandle to include the engineering, en­
search and development costs should be
vironmental and related research and ex­
reasonably related to the existing or future
ploratory costs of these projects in its annual
utUity business, broadly defined, o f the com­
cost o f operations in accordance with Pan­
handle’s normal accounting practice, it waspany or to the environment in which it
inappropriate for Panhandle to consider operates or expects to operate. The term in­
cludes but is not lim ited to: all such costs
these expenses ordinary costs o f doing busi­
ness after Panhandle sought Commission cer­incidental to the design, development or
implementation o f an experimental faculty,
tification of these projects. Thus, staff asserts
a plant process, a product, a formula, an in­
that these costs should be excluded from
vention, a system or similar items, and the
Panhandle’s cost o f service in this proceed­
improvement o f already existing items o f a
ing and shoulck.be charged to Account No.
like nature; amounts expended in connection
183. This would afford Panhandle the oppor­
with the proposed development and/or pro­
tunity to request Commission approval to
amortize these charges over an approplrate
posed delivery o f substitute or synthetic gas
supplies (alternate fuel sources for example,
period.1 an experimental coal gasification plant or an
The costs involved, relate to engineer­ experimental plant synthetically producing
ing, gas supply, environmental and fi­ gas from liquid hydrocarbons); and the costs
nancial feasibility studies, consulting oney’s
f obtaining its own patent, such as attor­
fees expended in making and perfecting
fees, legal fees and the expenses o f the a patent application. The term does not in­
proceedings in which the gas supply clude expenditures for efficiency surveys;
project is being reviewed by regulatory studies o f management, management tech­
authorities both here and in Canada.2 niques and organizations; consumer surveys,
Staff maintains that these expenditures advertising, promotions, or items o f a like
represent investments by Panhandle in nature.
projects already judged to be feasible and Account No. 183 (18 C.F.R. 201 § 183.2),
are not related to research and develop­ provides:
ment and should be treated as all other a. This account shall be charged with all
expenses related to a project which re­ expenditures for preliminary surveys, plans,
mains uncertificated. Staff believes that investigations, etc., made for the purpose of
‘ ‘by filing for a certificate the group in-
3Comments o f Commission Staff at 4.
1 Certification o f proposed settlement * Comments of Panhandle at 8.
agreement at 2. 5See, Comments o f Commission Staff at
3Exhibit No. 2a at 3. n. 4.
 22398 NOTICES
determining the feasibility o f utility projectsThe Commission finds: (1) The $1.9 (E ) This order is without prejudice to
under contemplation other than the acquisi­ million representing Panhandle’s share any findings or orders which have been
tion of land * * *.
o f expenses applicable to the Gas Arctic made or which may hereafter be made
Section 7(e) o f the Natural Gas Act Northwest Project and the Northern by the Commission, and is without preju­
provides that “ a certificate shall be is­ Border Pipeline Project should be ex­ dice to any claims or contentions which
sued to any qualified applicant therefore, cluded from the company’s cost of serv­ may be made by the Commission, the
authorizing the whole or any part of the ice.
operation, sale, service, construction, ex­ (2) Approval of the proposed settle­Staff or any other party or person a f­
tension, or acquisition covered by the ap­ ment agreement certified to the Com­ fected by this order in any proceeding
plication if it is found that the applicant mission on June 30, 1976, as modified by now pending or hereinafter instituted by
is able and willing properly to do the acts the exclusion set forth in Paragraph (1) or against Panhandle or any other person
and to perform the service proposed and herein is just, reasonable, and not un­ or party.
to conform to the provisions of the Act duly discriminatory and should be (F ) The Secretary shall cause prompt
and Requirements, Rules, and Regula­ approved.
tions of the Commission thereunder The Commission orders: (A ) The pro­ publication o f this order in the F ederal
* * * .” (emphasis added). posed settlement agreement set forth as R egister.
From the foregoing we conclude that Exhibit No. 3 in the instant docket cer­ By the Commission.
Panhandle’s application for a certificate tified to the Commission bn June 30,
must be viewed as an admission that 1976, as amended as more fully set forth K enneth F. P lu m b ,
Panhandle is able and willing to perform. above to exclude from Panhandle’s total Secretary.
Such a conclusion is inconsistent with cost o f service, $1,951,181 representing P anhandle Eastern P ipe L in e C ompany
the characterization o f these expendi­ Panhandle’s share o f expenses applicable SETTLEMENT COST OF SERVICE
tures as research and development. The to the Gas Arctic Northwest Project in
feasibility of the projects having im­ the Northern Border Pipe Line Project [Docket No. RP75—102]
pliedly been determined, it is equally im­ is adopted. Am ount
possible to categorize these expenditures (B ) Within 15 days from the date of Operating expenses__________ $294,159,331
under Account No. 183. These expendi­ this order, Panhandle shall file revised Depreciation and amortiza­
tures are not unlike funds expended dur­ tariff sheets in accordance with the set­ tion _______________________ 39, 322,405
R even u es-credit_________ _ (25,071,117)
ing construction. Such funds are ex­ tlement agreement and this order. Taxes:
cluded from rate base until such time as (c) As soon as practicable but not la­ Federal income__________ 30,268,914
the facilities are used and useful to the ter than 60 days after the date of this State income_____________ 2,073,526
company.® The same result should obtain order, Panhandle shall refund all O t h e r ________________ 12,063,855
in connection with preconstruction ex­ amounts collected in excess of the settle­ Return a t 9.35 pet__________ ; 49, 637,012
penditures. Inasmuch as these funds do ment rates, together with interest at the
not, in our view, qualify for treatment rate of 9 percent per annum. Panhandle Total cost o f service_ 402,454,016
as research and development nor as pre­ shall thereafter submit a report of the
Jurisdictional cost o f
liminary survey and investigation refunds and interest to the Commission. s e r v ic e ______._______ 381,999,724
charges, we conclude that they can prop­ (D ) Upon compliance by Panhandle
erly be included in Account No. 186 with the terms o f this order, this pro­ Jurisdictional sales vol-
“ Miscellaneous Deferred Debits” . Pan­ ceeding shall be terminated. u m e s-M C F _________ 540, 899,311
handle shall retain the $1.9 million in
this account pending disposition of the Panhandle Eastern Pipe Line Co.—Settlement capitalization and rate of return
certificate applications filed in Docket [Docket No. RP75-102]
Nos. CP74-239 and CP74-290.
W e turn now to the unchallenged por­ Amount— Ratio Return
tion of the settlement agreement. As in millions (percent) Cost component
noted above, this agreement, set forth dollars (percent)
more fully as Exhibit No. 3, increases
Panhandle’s annual revenues by roughly Long-term debt_____ ____________ _____ _________ ......... $476,110 62.84 $7.81 4.91
Preferred stock....... ....... ....................... ......... _____ 33,500 4.42 6.96 .31
$32 million on a stipulated jurisdictional Accumulated deferred Federal income taxes........... — 1,728 .23 ..
cost o f service of $381,999,724. The set­ Common equity...... ....................................... - ......... 246,319 32.51 12.70 4.13
tlement provides fo r a 9.35% rate Total........... ...... ............. -...... -......... —- _____ 757,657 100.00 - 9.35
o f return and a 12.7% return on
common equity. Our determination to ex­ [F R Doc.77-12511 Filed 5-2-77:8:45 am!]
clude from Panhandle’s cost the engi­
neering, environmental, and exploratory
costs dealt with above, will require ad­ REGULATORY INFORMATION SYSTEM duct during May/June 1977 a series of
justment of the settlement cost of serv­ technical conferences regarding its Regu­
Proposed Technical Conference
ice with attendant rate reductions and latory Information System. These tech­
refunds. A pril 25, 1977. nical conferences will be held for one
W e find that the proposed settlement Notice is hereby given that the Fed­ day each at the following locations:
agreement is fully supported by the rec­ eral Power Commission intends to con-
ord and is just and reasonable and not
unduly discriminatory. W e will, there­ Date Location Subject
fore, approve the proposed settlement
agreement in all of its terms with the ex­
May 18,1977 Washington, D.C., hearing room A, Federal Power Commission, 825 North Capitol Electric power.
ception of Article V I which refers to the St.
inclusion of the engineering, environ­ May 19,1977 ...... do.......................... . .................. ............... ....................... .........................Natural gas.
May 20,1977 Boston, Mass., room 2003A, J. F. Kennedy Federal Center........... _.................... Electric power.
mental, and exploratory costs more fully May 23,1977 Dallas, Tex., room 7A23,1100 Commerce St.......... .............. Do.
discussed above. D o ........ Tulsa, Okla., David Copperfield Room, Sheraton Inn, 2201 North 77th Ave.......... Natural gas.
May 25,1977 Dallas, Tex., room 7A23,1100 Commerce St............ Do.
Do......... San Francisco, Calif., The Federal Bldg., room 13450,450 Golden Gate Ave______ Electric power.
«See, e.g., order issued August 14, 1975, May 26,1977 ____ d o ..................... ................................... ........................ ...................... . Natural gas.
in Tennessee Natural Gas Company, Docket June 1,1977 Houston, Tex., Ponderosa Room, Quality Inn, Airport, 6115 Jetero Blvd......... Do.
No. RP-75-114; and order issued August 15, Do......... Chicago, 111., The Federal Bldg., room 3619,230 South Dearborn St....................... Electric power.
1975, in Tennessee Gas Pipeline Company, June 3,1977 New Orleans, La., Delta_Tower Hotel, 1732 Canal S t ............................ Natural gas. ,
Do......... Atlanta, Ga., room 556,275 Peachtree St........ ........................................................Electric power.
Docket No. RP75-113, et al.

FEDERAL REGISTER, VOL. 42 , NO. 85— TUESDAY, MAY 3 , 1977


The Agenda for the technical confer­
ences is as follows:
9 to 12 a.m.— Introduction; Respondent re­
porting system overview; Forms analysis
and design; Data base and standards; Sys­
tem outputs.
12 to 1 p m .— Lunch break.
1 to 4:30 p m .— Use o f reference materials;
Filling out sample forms; Availability of
Information; Questions and answers; Sys­
tem demonstration.
The locations of these technical con­
ferences have been determined based on
replies to the first notice on the subject
of February 14,1977. I f you have already
responded to the first notice and you an­
ticipate no change in your plans, you
need not reply to attend.*
I f you now wish to attend or, change
your plans about how many from your
company will attend or what location
you prefer, you are invited to reply by
May 16,1977 to:
Secretary, Federal Power Commission, 825
North Capitol Street, Washington, D.C.
20426.
K enneth F. P lu m b ,
Secretary.
[FR Doc.77-12510 Filed 5-2-77:8:45 am]
FEDERAL RESERVE SYSTEM
[H .2,1977 No. 161
ACTIONS OF THE BOARD
Applications and Reports Received During
Week Ending April 16,1977
A c t io n s o f t h e B oard
Regulation Z amendment, effective October
10, 1977, to require advance disclosure of
any variable rate clause in a credit con­
tract that may result in an increase in the
cost of the credit to the customer (Docket
No. R-0003).
Regulation Z amendment, to permit— but
not require— disclosures called for by the
Truth in Lending Act and Regulation Z
to be made in Spanish in Puerto Rico
(Docket No. R-0066).
Regulation Z, interpretation of Regulation Z
(Truth in Lending) affecting credit card
issuers which b ill customers in fu ll on a
transaction-by-transaction basis and im ­
pose no finance charges; the Board will re­
ceive comment through May 16, 1977
(Docket No. R-0094).-
Regulation H, proposed amendment that
generally would prohibit State member
banks from purchasing loans on improved
Teal estate or mobile homes located in a
flood hazard area i f the property is not
covered by flood insurance; the Board will
receive comment through May 20, 1977
(Docket No. R-0069.
Regulation H, adoption of four technical
amendments to the flood insurance provi­
sions o f Regulation H to make the regula­
tion conform to recent changes in the
Flood Disaster Protection A ct o f 1973
(Docket No. R-0095).
Purchase o f Telephone System for the Fed­
eral Reserve Bank o f St. Louis.
Purchase o f Computers for the Branches of
the Federal Reserve Bank of St. Louis.
Bank of the Commonwealth, Detroit^ Mich­
igan, to make an additional investment in
bank premises.
Elliott State Bank, Jacksonville, Illinois, to
make an additional investment in bank
premises.1
FEDERAL REGISTER, VOL. 4 2 , NO. 85— TUESDAY, MAY 3, 1977
NOTICES
Farmers Bank of Mathews, Mathews, Vir­
ginia, to make an investment in bank
premises.1
Walter E. Heller International Corporation,
Chicago, Illinois, extension of time to
May 11, 1978, within which to divest its
nonbanking subsidiary, Knoll Interna­
tional Inc., Chicago, Illinois.1 • wards Roads, Southfield, Oakland County.2
Deregistration under Regulation G for Elec­
tronic Data Systems Corporation, Dallas,
Texas; Clovis Production Credit Associa­
tion, Clovis, New Mexico, and for Cattle­
man’s Production Credit Association, San
Saba, Texas.1 • «
Detroit Bank— Troy, Troy, Michigan, exten-
of time to September 24, 1977, within
which to establish branches at the south­
west corner of tljp intersection o f Crooks
and Maple Roads, and at the southeast
corner o f the intersection of Maple* and
John R. Roads, Troy, Michigan.1
Union Bank, Los Angeles, California, exten­
sion o f time to May 2, 1978, within which
to establish a branch in the vicinity of the
southeast corner of Century Boulevard and
La d en ega Boulevard, Los Angeles.1
Atlantic Bancorporation, subsidiaries of,
Jacksonville, Florida, proposed merger
with Atlantic Bank o f Conway, Orange
County, Florida; report to the Federal
Deposit Insurance Corporation on com­
petitive factors.1
Bank of Sebastopol, Sebastopol, Mississippi,
proposed merger with Bank o f Central
Mississippi, Carthage, Mississippi; report
to the' Federal Deposit insurance Corpora­
tion on competitive factors.1
First Marine Bank, Inc., subsidiaries of,
Riviera Beach, Florida, proposed merger
with First Marine Bank & Trust Company
of Palm Beaches, Riviera Beach, Florida;
report to the Federal Deposit Insurance
Corporation on competitive factors.1
Flagship Bank o f Haines City, Haines City,
Florida, proposed merger with Flagship
Bank of Lake Alfred, Lake Alfred, Florida
and Davenport Flagship Bank, Davenport,
Florida; report to the Federal Deposit In ­
surance Corporation on competitive fac­
tors.1
Fourth National Bank o f Jackson, Jackson,
Tennessee, proposed merger with The Na­
tional Bank o f Commerce of Jackson, Jack-
son Tennessee; report to the Comptroller o f
the Currency on competitive factors.1
Houston County Bank, Ashford, Alabama,
proposed merger with The Farmers & Mer­
chants Bank, Ashford, Alabama; report to
the Federal Deposit Insurance Corporation
on competitive factors.1
Independent National Bank, Stone Harbor,
New1Jersey, proposed merger with First
Peoples National Bank of New Jersey,
Westmont, New Jersey; report to the
Comptroller of the Currency on competi­
tive factors.1
Landmark Banking Corporation o f Florida,
subsidiaries of, Fort Lauderdale, Florida,
proposed marger with Landmark First Na­
tional Bank o f Fort Lauderdale, Fort Laud­
erdale, Florida; report to the Comptroller
o f the Currency oh competitive factors.1
West Main State Bank, Baytown, Texas, pro­
posed merger with Peoples State Bank,
Baytown, Texas; report to the Federal De­
posit Insurance Corporation on competitive
factors.1
To Establish a Domestic Branch Pur­
suant to Section 9 of the Federal Reserve
Act.
1Application processed on behalf o f the
Board of Governors under delegated author­
ity.
22399
APPROVED
Seabrook Bank and Trust Company, Sea-
brook, New Hampshire. Branch to be es­
tablished on Route 1-A, Seabrook Beach.2
The Detroit Bank-Southfield, Southfield, M i­
chigan. Branch to be established at the
southeast corner of Southfield and Ed­
E lliott State Bank, Jacksonville, Illinois.
Branch to be established at Westgate Ave­
nue and West Morton Road, Jacksonville,
Morgan County.2
* * * * *
International Investments and Other
Actions Pursuant to sections 25 and 25
(a) of the Federal Reserve Act and sec­
tions 4 (c )(9 ) and 4(c) (13) of the Bank
Holding Company Act of 1956, as
amended.
APPROVED
Citibank Overseas Investment Corporation,
New York, New York: period o f time for
Trinkaus and Burkhardt, Germany, to dis­
pose o f three real estate holdings.
Citibank Overseas Investment Corporation,
New York, New York: additional invest­
ment in IAC (Holdings) Limited, M el­
bourne, Australia.
United States Trust Company International
Corporation, New York, New York: invest­
ment— y3 o f the shares o f a de novo In ­
vestment Management Co., Geneva,
Switzerland.
* * * * *
Thirty Day Notice of Intention to Es­
tablish an Additional Branch of a Mem­
ber Bank in a Foreign Country.
APPROVED
Bank o f America N.T. and S.A., San Fran­
cisco, California: additional branch in New
Delhi, India.
International Investments and Other
Actions Pursuant to sections 25 and 25(a)
o f the Federal Reserve Act and sections
4(c) (9) and 4(c) (13) o f the Bank Hold­
ing Company Act of 1956, as amended.
DENIED
Allied Bank International, New York, New
York: amend Articles o f Association to
reduce capital stock and number o f share­
holders.
* * * * *
T o Form a Bank Holding Company
Pursuant to section 3(a) (1) of the Bank
Holding Company Act of 1956.
RETURNED
Northwest Arkansas Bancshares, Inc., Ben-
tonville, Arkansas, for approval to acquire
100 percent o f the voting shares (less d i­
rectors’ qualifying shares) o f First Na­
tional Bank, Rogers, Arkansas.
REACTIVATED
First Bancshares o f Kirksville, Inc., Kirks-
ville, Missouri, for approval to acquire 80
percent or more o f th e voting shares o f
First National Bank, Kirksville, Missouri.2
Torrington National Company, Torrington,
Wyoming, for approval to acquire 100 per­
cent o f the voting shares o f First National
Bank, Torrington, Wyoming.2
2 Application processed by the Reserve
Bank on behalf of the Board o f Governors
under delegated authority.
 22400
APPROVED
First Bancshares o f Kirksville, Inc., Kirks-
ville, Missouri, for approval to acquire 80
percent or more o f the voting shares of
First National Bank, Kirksville, Missouri.2
Torrington National Company, Torrington,
Wyoming, for approval to acquire 100 per­
cent o f the voting shares o f First National
Bank, Torrington, Wyoming.2
DENIED
Glen-An Corporation, Kanaranzi, Minnesota,
for approval to acquire 95.6 percent o f the
voting shares o f Farmers State. Bank of First Banc Group o f Ohio, Inc., Columbus,
Kanaranzi, Kanaranzi, Minnesota.
To Expand a Bank Holding Company
Pursuant to section 3(a) (3) of the Bank
Holding Company Act of 1956.
APPROVED
Chemical Financial Corporation, Midland,
Michigan, for approval to acquire 100 per­
cent o f the voting shares o f the successor
by consolidation to Gladwin County Bank,
Beaverton, Michigan.
Manufacturers National Corporation, Detroit,
Michigan, for approval to acquire 100 per­
cent o f the voting shares o f Manufacturers
Bank o f St. Clair Shores, St. Clair Shores,
Michigan, a proposed new bank.2
* * * * * others, loans and other extensions o f credit
T o Expand a Bank Holding Company
Pursuant to section 3(a) (5) of the Bank
Holding Company Act of 1956.
APPROVED
Texas Commerce Bancshares, Inc., Houston,
Texas, for approval to merge with The
BanCapital Financial Corporation, Austin, Tennessee Valley Bancorp, Inc., Nashville,
Texas.
♦ * * * * in de novo activities (making or/acquiring,
To Expand a Bank Holding Company
Pursuant to section 4(c) (8) of the Bank
Holding Company Act of 1956.
PERMITTED
Massachusetts Bankshares, Inc., Hingham,
Massachusetts, notification o f intent to
engage in de novo activities (making, ac­
quiring, or servicing loans or other exten­
sions o f credit to persons, partnerships,
trusts, associations, and corporations se­
cured by a mortgage or other lien on real
estate, or pledge, or by security interest
in personal property, or without security)
at 13 Main Street, Hingham, Massachu­
setts, through its subsidiary, Mortgage Merchants National Corporation, Indianap­
Shops, Inc. (4/14/77)»
Horizon Bancorp, Morristown, New Jersey,
notification o f intent to relocate de novo
activities (leasing real and personal prop­
erty on a nonoperating, fu ll payout basis
and acting as agent, broker, or adviser with
respect to such property to be leased on
that basis; and making or acquiring, for
its own account or for the account o f
others, loans and other extensions of
credit as would be made by a finance com­
pany, such loans or other extensions of
credit would generally be secured by
equipment or other assets which may be
legally pledged) from Host Airport Hotel,
Tampa International Airport, Tampa, Northern States Bancorporation, Inc., De­
Florida to 1600 SE. 17th Street, Fort
Lauderdale, Florida, through its subsidi­
ary, Horizon Creditcorp (4/11/77)3
3 4 (c) (8) and 4 (c ) (12) notifications proc­ 34 (c) (8) and 4 (c) (12) notifications proc­
essed by Reserve-Bank on behalf o f the essed by Reserve Bank on behalf o f the
Board o f Governors under delegated author­ Board o f Governors under delegated au­
ity.
FEDERAL REGISTER, VOL. 4 2 , NO. 85— TUESDAY, MAY 3 , 1977
NOTICES
Horizon Bancorp, Morristown, New Jersey,
notification of intent to relocate de novo
activities (making or acquiring, for its own
account or for the account of others, loans _ nancial adviser to the extent o f serving as
and other extensions o f credit principally
secured by second mortgages on one-to-
four fam ily residences pursuant to the New
Jersey Secondary Mortgage Act, Chapter
205, Pub. L. 1970; and, in connection
therewith, selling credit life, health and
accident insurance) from 900 State Road,
Princeton, New Jersey to 479 Midland Ave­ Otto Bremer Foundation and Otto Bremer
nue, Saddle Brook, New Jersey, through its
subsidiary, Horizon Creditcorp (4/11/77)3
Ohio, notification o f intent to engage in de
novo activities (leasing personal property
and equipment, or acting as agent, broker,
or adviser in leasing o f such property
where-such property is acquired by the
lessor at the request of the lessee for busi­
ness purposes and where at the inception
o f the initial lease the expectation is that
the effect o f the transaction and reason­ BankAmerica Corporation, San Francisco,
ably anticipated future transactions with
the same lessee as to the same property
will be to compensate the lessor for not
less than the lessors fu ll investment in
the property plus the estimated total cost
o f financing the property over the term o f
the lease; making, acquiring, and selling,
for its own account or for the account of
seemed by interests in real property; and
servicing loans and other extensions of
credit secured by interest in real property
for itself and for others) at 8060 M ont­
gomery Road, Suite 201, Cincinnati, Ohio,
through its wholly-owned subsidiary, First
Banc Group Financial Services Corpora­
tion, Columbus, Ohio (4/14/77)3
Tennessee, notification o f intent to engage
for its account or for the account of others,
loans and extensions o f credit; for the serv­
icing o f loans and other extensions of BankAmerica Corporation, San Francisco,
credit made by it and any other persons or
entities; acting as an investment or finan­
cial adviser; acting as a mortgage bank or
agent for others in negotiating, obtaining,
placing, or making loans including, but
not limited to, real estate loans and in
connection therewith and/or to aid
thereof; and to sell insurance directly re­
lated to such mortgages as prescribed by
the laws of the State of Kentucky) at 4400
Breckrindridge Lane, Louisville, Kentucky,
through a subsidiary, TVB Mortgage Cor­
poration. (4/13/77) 3
olis, Indiana, notification of intent to en­
gage in de novo activities (leasing o f cap­
ital goods and equipment to industry and
banks or others, or acting as agent, broker,
or adviser in leasing such personal prop­
erty where at the inception of the initial
lease the effect o f the transaction will yield
a return that will compensate the lessor for
not less than the lessor’s full investment in
the property plus the estimated total cost First Security Corporation, Salt Lake City,
o f financing the property over the terms of
the lease) a t Austin Center, Cypress at
Westshore Boulevard, Tampa, Florida,
through a subsidiary o f Circle Leasing
Corp. known as Circle Leasing o f Florida
Corp. (4/14/77)3
troit, Michigan, notification of intent to
relocate de novo activities (mortgage bank­
ing activities by originating residential,
commercial and industrial mortgage loans
First Security Corporation, Salt Lake City,
thority.
for its own account but principally for
sale to others; servicing such loans for
others and acting as an investment or fi-
the advisory company for a mortgage or
real estate investment trust) from 101
Southfield Road, Suite 302, Birmingham,
Michigan to 4190 Telegraph Road, Bloom­
field Hills, Michigan, through its subsidi­
ary, K elly Mortgage and Investment Com­
pany. (4/11/77)
Company, both o f St. Paul, Minnesota,
notification of intent to engage in de novo
activities (providing portfolio investment
advice to any other person and furnishing
general economic information and advice,
general economic statistical forecasting
services and industry studies) at 1300
Northern Federal Building, 366 North Wa­
basha Street, St. Paul, Minnesota, through
a wholly-owned subsidiary, Bremer Service
Company (4/11/77).3
California, notification o f intent to relo­
cate de novo activities (making or acquir­
ing, for its own account loans and other
extensions o f credit such as would be made
or acquired by a finance company; such
activities will include, but not be limited
to, making consumer installment loans,
purchasing installment sales finance con­
tracts, making loans and other extensions
of credit to small businesses, and making
loans secured by real and personal prop­
erty; acting as agent or broker for the sale
of credit related life and credit related ac­
cident and disability insurance in connec­
tion with extensions o f credit by Finance-
America Corporation o f Massachusetts)
from Store 31B, Westgate Shopping Center,
Brockton, Massachusetts to Store No. 11,
Park Plaza, 1334 Park Street, Stoughton,
Massachusetts, through its indirect sub­
sidiary, FinanceAmerica Corporation of
Massachusetts (4/15/77) .3
California, notification of intent to relo­
cate de novo activities (making loans and
extending credit, servicing for itself and
others, loans and other extensions o f credit
and providing services incident to such
loans and extensions o f credit such as
would be made or provided by a finance
company including, but not limited to,
providing funds and/or credit services in
connection with the financing of stock and
floor plan inventory o f distributors and
dealers o f consumer products; making
available to such dealers at their option
and cost, fire, theft, and damage insurance
on a monthly reporting basis covering only
the outstanding indebtedness on such floor
plan inventory) from 151— 87th Street to
347 Gellert Boulevard, Dale City, Califor­
nia, through its indirect subsidiaries, F i­
nanceAmerica Private Brands, Inc. and
Ariens Credit Corporation (Pennsylvania
Corporation) and Hupp Credit Corpora­
tion (a Delaware Corporation) (4/15/77).3
Utah, notification o f intent to engage in
de novo activities (making or acquiring,
for its own account or for the account of
others, loans and other extensions of credit
such as are normally made by a mortgage
company and the servicing o f such ac­
counts for itself and for others including
commercial and residential loans) at No.
8 East Broadway, Salt Lake City, Utah,
through its subsidiary, First Security
Mortgage Co. (4/14/77) 3
Utah, notification of intent to engage in
de novo activities (making or acquiring,
for its own account or for the account of
others, loans and other extensions of credit

such as are normally made by a mortgage
company and the servicing o f such ac­ Pursuant to section 4(c) (8) of the Bank
counts for Itself and for others including Holding Company Act of 1956.
commercial and residential loans) at 502
South Main, Rock Springs, Wyoming,
through its subsidiary, First Security
Mortgage Co. (4/14/77) .3
Security Pacific Corporation, Los Angeles,
California, notification o f intent to relo­
cate de novo activities (the organization
and acquisition o f mortgage loans, includ­
ing development and construction loans
on m ulti-fam ily and commercial properties
for its own account or for the sale to others
and the servicing o f such loans for oth ers)'
from 3441 Torrance Boulevard, Torrance,
California to 20620 South Leapwood, Car-
son, California, through its subsidiary, Se­
curity Pacific Mortgage Corporation (4/
14/77) .3
* * * * *
To Expand a Bank Holding Company
Pursuant to section 4(c) (12) o f the Bank
Holding Company Act of 1956.
PERMITTED
American Financial Corporation, Cincinnati, Citicorp, New York, New York, notification o f
Ohio, notification o f intent to acquire 100
per cent o f the outstanding common stock
o f Stonewall Insurance Company, Bir­
mingham, Alabama, an on-going casualty
insurance company (4/10/77).
To Establish a Domestic Branch Pur­
suant to Section 9 of the Federal Reserve
Act.
Union Trust Company o f Maryland, B alti­
more, Maryland. Branch to be established
at the intersection of U.S. Route 40 (P u ­
laski Highway) and Rossville Boulevard, United Virginia Rankshares Incorporated,
Baltimore County.
* * * * * loans as principal; originating loans as
Thirty Day Notice o f Intention to Es­
tablish an Additional Branch of a Mem­
ber Bank in a Foreign Country.
The First National Bank o f Chicago, Chi­
cago, Illinois: additional branch in
Munich, Germany.
* * * * * intent to acquire from 5 percent to 35 per­
To Establish an Overseas Branch of a
Member Bank Pursuant to section 25 o f
the Federal Reserve Act.
Chemical Bank, New York, New York:
Branch in Hong Kong.
* * * * * Florida, notification o f intent to engage in
To Form a Bank Holding Company
Pursuant to section 3(a) (1) of the Bank
Holding Company Act of 1956.
Crown Bancshares, Incorporated, Hammond,
Indiana, for approval to acquire 90 percent
or more o f the voting shares of The First
National Bank o f Crowd Point, Crown
Point, Indiana.
Guaranty Bancshares Corporation, Kansas
City, Kansas, for approval to acquire 96.03
percent o f the voting shares of Guaranty
State Bank & Trust, Kansas City, Kansas.
To Expand a Bank Holding Company
Pursuant to section 3(a) (3) of the Bank
Holding Company Act of 1956.
First International Bancshares, Inc., Dallas,
Texas, for approval to acquire 100 percent
o f the voting shares (less directors’ qual­
ifying shares) o f the successor by merger
to Peoples State Bank, B a y t o w n , Texas.
Republic o f Texas Corporation, Dallas, Texas,
for approval to acquire 2,800 additional
shares o f the voting shares o f First Na­
tional Bank o f Duncanville, Duncanville,
Texas.
* * * * * (4/11/77)8
FEDERAL REGISTER, VOL. 42 , NO. 85— -TUESDAY, MAY 3 , 1977
NOTICES
T o Expand a Bank Holding Company Rainier Bancorporatlon, Seattle, Washington,
Chemical New York Corporation, New York, and
New York, notification o f intent to en­
gage in de novo activities (leasing real
and personal property and equipment on a
nonoperating, fu ll payout basis and acting
as agent, broker, and adviser with respect
to such leases; financing real and personal
propertyand equipment such as would be
done by a commercial finance company;
and servicing such extensions o f credit) at
244 West Passaic Street, Rochelle Park,
New Jersey, through Its subsidiary, Chem-
lease, Inc. (4/13/77).8
Citicorp, New York, New York, notification
o f Intent to relocate de novo activities
(consumer sales finance activities) from
3401 Chlnden Boulevard, Boise, Idaho to
1775 Westgate Drive, Suite 225, Boise,
Idaho, through its subsidiary, Nationwide
Financial Corporation and its subsidiary,
Nationwide Financial Corporation o f Idaho.
This replaces the notification that was re­
ceived on H. 2 No. 10 (4/12/77) .3
inten t to relocate de novo activities (th e
making o f consumer installment personal Valley Bancorporatlon, Rexburg, Idaho, noti­
loans; and the sale o f llfe/accident and
health, and property insurance related
thereto) from 3401 Chlnden Boulevard to
the Comer o f Five Mile Road and Fairview
Avenue, Boise, Idaho, through its subsidi­
ary, Nationwide Financial Corporation and
its subsidiary, Nationwide Financial Cor­
poration o f Idaho. This replaces the no­
tification that was received on H. 2 No. 10
(4/12/77).8
Richmond, Virginia, notification o f intent
to relocate de novo activities (originating
agent; servicing loans for nonaifiliated indi­
viduals, partnerships, and corporations;
servicing loans for affiliates o f United Vir­
ginia Bankshares Incorporated; the sale, as Pursuant to Section 4(c) (12) of the Bank
agent, o f credit life, credit disability, m ort­ Holding Company Act of 1956.
gage redemption and mortgage cancellation
insurance in connection with such loans American Financial Corporation, Cincinnati,
and other activities as may be lncidential
to the business of a mortgage corporation)
from 11009 Warwick Boulevard, Newport
News, Virginia to 718 J. Clyde Morris Boule­
vard, Newport News, Virginia, through its
subsidiary, United Mortgage Corporation
(4/14/77) .8
Barnett Banks o f Florida, Inc., Jacksonville,
de novo activities (perform ing or carrying
on any one or more o f the functions or ac­
tivities that may be performed or carried
on by a trust company including activities
o f a fiduciary agency or custodian nature
in the manner authorized by Federal and
State law; provided, however, that loans
and investments will be made and deposits
accepted only in conformity with Regula­
tions of the Board o f Governors of the Fed­
eral Reserve System) at 1900 Tyler Street,
Hollywood, .Florida, through a subsidiary,
Barnett Banks Trust Company, N.A.
(4/11/77).*
Landmark Bancshares Corporation, St. Louis,
Missouri, notification o f intent to engage
in de novo activities (providing bookkeep­
ing and data processing services to the
parent company and its subsidiaries and
the storing and processing o f other bank­ tion 13 o f the Securities Exchange Act.
ing, financial and related economic data The Lorain County Savings & Trust Co.,
including the performance o f payroll, ac­
counts receivable or payable, or billing
services) a t 6313 Dr. M. L. K ing Drive, St.
Louis, Missouri, through a subsidiary, Southwest Bank o f St. Louis, St. Louis,
Landmark Data Services Incorporated
22401
notification o f intent to engage in de novo
activities (making or acquiring, for its own
account or for the account o f others, loans
other extensions o f credit including
the making o f consumer installment loans,
purchasing consumer installment sales fi­
nance contracts, and making o f loans to
small businesses; leasing personal property
and equipment or acting as agent, broker,
or adviser in such leasing where at the in ­
ception o f the initial lease the effect o f the
transaction (and, with-respect to govern­
mental entities only, resonably anticipated
future transactions) will yield a return
that will compensate the lessor for not less
than the lessor’s fu ll investment in the
property over the term o f the lease; act­
ing as insurance agent or broker with re­
gard to credit life and disability insurance
relating only to extensions o f credit by
Rainier Credit Company, secured or unse­
cured, with the lim itation that the initial
amount o f such insurance issued with re­
spect to any debtors may at no tim e ex­
ceed the amount owed by debtors) at 3278
B Lancaster Drive NE., Salem, Oregon,
through its subsidiary, Rainier Credit Com­
pany (4/11/77) .3
fication o f intent to engage in de novo ac­
tivities (making or acquiring, for its own
account or for the account of others, loans
secured by real property and related fix­
tures and/or personal property and servic­
ing such loans for any other person, cor­
poration, firm, or legal en tity) at 110 East
Main, Rexburg; 1625 Northgate Mile, Ida­
ho Falls; 1 Riverside Plaza, Blackfoot; 910
Yellowstone Avenue, Pocatello; 30 West
Main, St. Anthony; 503 Main, Ashton; and
15 North Main, Driggs; all located in Idaho,
through its subsidiary, Mountain Mortgage
Company (4/11/77).3
* * * * ■*
To Expand a Bank Holding Company
Ohio and its subsidiaries, notification o f ,
cent o f the outstanding voting shares o f
the following 24 specified corporations: Air
Florida Systems, Inc.; Bangor Punta Cor­
poration; The Charter Company; Cowles
Communications, Inc.; CNA Financial Cor­
poration; D W G Corporation; Floyd Enter­
prises, Inc.; General Host Corporation;
G ulf L ife Holding Company; G ulf L ife In ­
surance Company; IC Industries, Inc.; In ­
ternational Mining Corporation; Lone Star
Industries, Inc.; New York Magazine Com­
pany, Inc.; The New York Times Company;
Orion Capital Corporation; Pennsylvania
Engineering Company; The Progressive
Corporation; Rapid-American Corporation;
Reliance Group, Inc.; St. Joe Paper Com­
pany; Stutz Motor Corporation o f America,
Inc.; The T I Corporation o f California;
and WUI, Inc. (4/13/77).8
* * * * *
REPORTS RECEIVED
Current Report Filed Pursuant to Sec­
Elyria, Ohio.
Manufacturers Bank & Trust Company of
St. Louis, St. Louis, Missouri.
Missouri.
* * * * *
 22402 NOTICES
PE T ITIO N FOR R U LEM A KIN G tion, conflicts of interests, or unsound al Center for Education Statistics, 202-
None. banking practices.” Any request for a 245-1022.
hearing on this question should be ac­
Board of Governors of the Federal Re companied by a statement summarizing Dated April 28,1977.
serve System, April 27, 1977. the evidence the person requesting the M ar ie D. E ldridge ,
G r if f it h L . G ar w o o d , hearing proposes to submit or to elicit at Administrator, National
Deputy Secretary of the Board. the hearing and a statement o f the rea­ Center fo r Education Statistics.
[P R Doc.77-12569 Piled 5-2-77;8:45 am]
sons why this matter should not be re­ Description of Proposed Collection of
solved without a hearing. I nformation and Data Acquisition A ctivity
The application may be inspected at
the offices of the Board of Governors or 1. T IT LE OP PROPOSED A C T IV IT Y
GOODLETTSVILLE BANCSHARES, INC. Application for Nonprofit Organization
at the Federal Reserve Bank of Chicago. Grants Under the Emergency School Aid Act.
Formation of Bank Holding Company Any views or requests fo r hearing 2. AGENCY/BUREAU OFFICE
Goodlettsville Bancshares, Inc., Good- should be submitted in writing and re­ U.S. Office of Education/Bureau o f Ele­
lettsville, Tennessee, has applied for the ceived by the Secretary, Board of Gov­ mentary and Secondary Education/Eq.ual
Board’s, approval under § 3(a) (1) of the ernors of the Federal Reserve System, Educational Opportunity Programs.
Bank Holding Company Act (12 U.S.C. Washington, D.C. 20551, not later than 3. AGENCY FORM NUMBER
1842(a)(1)) to become a bank holding May 25, 1977. OE Form 116.
4. LEGISLATIVE AU TH O R ITY FOR THIS
company through acquisition of 80 per Board of Governors of the Federal R e­ A C T IV IT Y
cent or more of the voting shares of The serve System, April 27,1977. "The Assistant Secretary is authorized to
Bank of Goodlettsville, Goodlettsville, make grants to, and contracts withi public
Tennessee. The factors that are consid­ G r if f it h L. G ar w o o d , and private nonprofit agencies, institutions
ered in acting on the application are set Deputy Secretary of the Board. and organizations (other than local educa­
forth in § 3(c) of the Act (12 U.S.C. 1842 [P R Doc.77-12568 Filed 5-2-77;8:45 am] tional agencies and nonpublic elementary
(c ) ) . and secondary schools) to carry out programs
The application may be inspected at or projects designed to support the develop­
the offices of the Board o f Governors or DEPARTMENT OF HEALTH, ment or implementation o f a plan, program,
EDUCATION, AND WELFARE or activity described in section 706.”
at the Federal Reserve Bank of Atlanta. (Pub. L; 92-318, sec. 708(b); (20 U.S.C. 1604
Any person wishing to comment on the Assistant Secretary for Education (a )(3 ) and 1607(b); (45 CFR 185.61(a)).)
application should submit views in writ­ B ilingual projects ( nonprofit organiza­
ing to the Reserve Bank, to be received COLLECTION OF INFORMATION AND tio n s ). “ * * * the Assistant Secretary is
not later than May 25, 1977. DATA ACQUISITION ACTIVITY authorized to make grants to, and contracts
Comments with private nonprofit agencies, institutions,
Board of Governors o f the Federal Re­ and organizations to develop curricula, at
serve System, April 27, 1977. Pursuant to section 406(g) C2) (B ), the request of one or more educational
G r if f it h L. G a r w o o d , General Education Provisions Act, notice agencies which are eligible for assistance
Deputy Secretary of the Board. is hereby given as follows: The U.S. O f­ under section 706, designed to meet the
fice of Education has proposed collec­ special educational needs o f minority group
[P R Doc.77-12567 Filed 5-2-77;8:45 am] tions of information and data acquisi­ children who are from environments in
tion activities which will request infor­ which a dominant language is other than
English, for the development of reading,
mation from educational agencies or in­ writing, and speaking skills, in the English
NATIONAL DETROIT CORP. stitutions. language and in the language o f their
Proposed Acquisition of Grand Traverse The purpose of publishing this notice parents or grandparents, and to meet the
Mortgage Co., Inc. in the F ederal R eg ister is to comply educational needs o f such children and their
National Detroit Corporation, Detroit, with paragraph (g ) (2) (B ) of the “ Con­ classmates to understand the history and
Michigan, has applied, pursuant to § 4 trol of Paperwork” amendment which cultural background of the minority groups
o fV h ic h such children are members * * * ”
(c ) (8) of the Bank Holding Company provides that each educational agency
Act (12 U.S.C. 1843(c)(8)) and § 225.4 or institution subject to a request under (Pub. L. 92-318, sec. 708(c) (1) (A ) ; (20 U.S.C.
(b) (2) of the Board’s Regulation Y (12 the collection of information and data 1 6 0 7 (c )(1 )(A )); (45 CFR 185.51(b)),)
CFR 225.4(h) (2 )), for permission to ac­ acquisition activity and their represent­ Special mathematics projects. " (3 ) The
quire, through its subsidiary NBD M ort­ ative organizations shall have an oppor­ Assistant Secretary is authorized to make
gage Company, certain assets of Grand tunity, during a 30-day period before the grants to, and contracts with, one or more
Traverse Mortgage Company, Inc., Tra­ transmittal of the request to the Direc­ private nonprofit agencies, institutions, or
verse City, Michigan. Notice of the ap­ tor of the Office of Management and organizations, for the conduct, in coopera­
plication was published on March 18, Budget, to comment to the Administra­ tion with one or more local educational agen­
cies, o f special programs for the teaching of
1977, in the Record Eagle, a newspaper tor of the National Center for Educa­ standard mathematics to children eligible for
circulated in Traverse City, Michigan. tion Statistics on the collection of infor­
services under this Act through instruction
Applicant states that upon consumma­ mation and data acquisition activity. in advanced mathematics by qualified in­
tion of the proposed transaction, NBD These data acquisition activities are structors with bachelor degrees in mathe­
would engage in the activity of making, subject to review by the HEW Educa­ matics, or the mathematical sciences from
acquiring and servicing mortgage loans tion Data Acquisition Council and the colleges or other institutions o f higher edu­
for its own account and for the account Office of Management and Budget. cation, or equivalent experience.”
of others. Such activities have been spec­ Descriptions of the proposed collec­ (Pub. L. 92-318, sec. 70 8(a)(3) (20 U.SC.
ified by the Board in § 225.4(a) of Reg­ tions of information and data acquisition 1605(d) and 1 6 0 7 (a)(3 )) (45 CFR 185.92).)
ulation Y as permissible for bank hold­ activities follow below.
ing companies, subject to Board ap­ Written comments on the proposed 5. VOLUNTARY/OBLIGATORY NATURE OF
RESPONSE
proval of individual proposals in accord­ activities are invited. Comments should
refer to the specific sponsoring agency Required to obtain benefits.
ance with the procedures of § 225.4(b).
Interested persons may express their and form number and must be received 6. HOW INFORM ATION TO BE COLLECTED
views on the question whether consum­ on or before June 2, 1977, and should be W ILL BE USED
mation of the proposal can “ reasonably addressed to Administrator, National Each application for a nonprofit organiza­
Center for Education Statistics, A TTN : tion grant under the Emergency School Aid
be expected to produce benefits to the
Manager, Information Acquisition, Plan­
public, such as greater convenience, in­ ning, and Utilization, Room 3001, 400 Act A.
will be subject to the following reviews:
Statistical data review. The statistical
creased competition, or gains in effi­ Maryland Avenue, SW., Washington, data regarding the enrollment and isolation
ciency, that outweigh possible adverse D .C.20202. o f minority group students will be taken
effects, such as undue concentration of from the application and used to compute
Further information may be obtained the extent of reduction of minority group
resources, decreased or unfair competi­ from Elizabeth M. Proctor of the Nation­ isolation in the local educational agency or

FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, MAY 3, 1977


agencies whose plan(s) the applicant pro­
poses to support.
B. Eligibility/assurances review. The Office
for Civil Rights (O CR) has the delegated
authority to validate those assurances which
determine i f districts are eligible to apply
for and receive financial assistance. In addi­
tion, OCR determines if the document sub­
mitted as a desegregation plan is actually a
pi n.r> which requires the elimination, reduc­
tion or prevention o f m inority group isola­
tion. The remaining ESAA assurances are
verified by program personnel responsible for
administering the Emergency School Aid Act.
C. Educational quality review. The educa­
tional quality score o f each application will
be determined by a panel o f qualified per­
sons. The listing o f prominent milestones
outlined by the applicant w ill be used by
OE personnel to track the relative progress
of the project.
7. DATA ACQUISITION PLAN
a. Method o f collection: Mail.
b. Tim e o f collection: January.
c. Frequency: Annually.
8. RESPONDENTS
a. Type: Public and private nonprofit
agencies, institutions, or organizations.
b. Number: Sample, 1,000.
c. Estimated average number manhours
per respondent: 35 hours.
9. INFORM ATION T O BE COLLECTED
Applicants are required to submit the fo l­
lowing Information:
(a ) Docum entation. (1 ) A copy o f the
charter, articles o f incorporation, bylaws, or
other legal documents indicating the nature
and purpose o f the application, including
evidence o f nonprofit status.
(2) A copy or description o f the plan be­
ing implemented by the appropriate local
educational agency, except where the LEA
has also applied for assistance.
(3) Applicants proposing to support the
development o f a plan or project should pro­
vide written documentation o f the LEA’s
request for such support o f development.
(4) A statement inchoating the name o f
the LEA representative to whom the applica­
tion was submitted and the date o f submis­
sion and any comments received.
(5) A description o f the provisions which
have been made fo r effective liaison with the
cooperating LEA with regard to operation o f
the proposed project.
(h ) Data items. (1 ) Data regarding the
establishment o f the advisory committee in­
cluding date established, date application
was submitted to advisory committee for re­
view and comment and the date the names
of the advisory committee members and
purpose o f such committee were published in
a newspaper.
(2) Data regarding the composition o f the
advisory committee including names o f com­
mittee members, race or ethnic group and
community organization represented. Appli­
cant must also indicate i f the advisory com­
mittee member is a parent o f student
affected by the ESAA plan or project, a class­
room teacher or secondary school student.
(3) The current enrollment o f m inority
group students inVall schools o f the LEA,
and the total number o f schools currently
operated by the local educational agency and
the total number o f schools which have been
affected by the desegregation plan under
which the LEA is operating. This inform a­
tion need not be provided by applicants for
bilingual projects.
N o t e .— Items (4 ) through (6) apply only
if the LEA is not applying for Emergency
School Aid assistance.
FEDERAL REGISTER. VOL. 4 2 , NO. 85— TUESDAY. MAY 3 , 1977
NOTIGES
(4 ) By names o f schools affected by the
LEA’s desegregation plan and by number o f
schools not affected by the plan, provide the
total enrollment o f the school district and
the number and percentage o f minority group
pupils enrolled in such schools.
(5) By names o f schools predicted to be
affected by the LEA’s desegregation plan, and
by number o f schools predicted not to be
affected by the plan, provide the total en­
rollm ent and the number and percentage o f
m inority pupils predicted to be enrolled in
such schools.
(6) Provide a oopy o f the plan to prevent
m inority group isolation or plan to establish
or maintain one or more integrated schools.
By names o f schools predicted to be affected
by the LEA’s desegregation plan, and by
number o f schools not predicted to be
affected, provide the total enrollment and
the number and percentage o f m inority group
pupils predicted to be enrolled in such
schools assuming the plan is implemented
and assuming the plan is not implemented.
(7 ) Applicants for bilingual projects only.
Provide the total enrollment in the LEA
o f pupils from environments in which a
dominant language is other than English and
the number and percentage o f such children
who receive instruction o f any kind (prior
to the application fo r assistance under this
sub-part) in such language, the average
number, o f hours per day such instruction
is provided, and the educational goals o f
such instruction; the extent to which minor­
ity group children are separated from non­
m inority group children by or within classes
for any part o f the day for the provision o f
Instructional or other services to such
m inority group children or for purposes of
ability grouping or homogeneous instruction,
and the educational justification for such
separation; the extent to which materials
utilized for reading instruction are varied
(b y primary language, subject matter, or in­
tended level o f Instruction as between the
various schools in the affected school district
or between the various classrooms within
such schools).
(c ) A program narrative. Presented in the
following manner:
(1 ) The needs assessment with each need
ranked in order o f priority and presented
separately. Under each need component, the
objectives and activities associated with the
particular need, the plans for evaluation o f
those activities and the management o f re­
sources. Key project staff positions should be
discussed.
(2) A statement o f past activities etc.
(3) A statement o f the extent to which
other public or private nonprofit agencies or
organizations in the affected school districts
have been consulted in the preparation of the
application and the provisions made for c o ­
ordination with such organizations which
have applied fo r or received Emergency
School Aid Act (ESAA) assistance.
(4) Procedures by which the proposed
ESAA program, project or activity will be co­
ordinated with projects conducted pursuant
to Titles I, III , and V II o f the Elementary
and Secondary Education Act o f 1965 and
T itle IV of the Civil Rights Act o f 1964.
D escription' of a P ropose» C ollection of
I nformation and D ata A cquisition A ctivity
1. T IT LE b F PROPOSED A C T IV IT Y
Application for Local Educational Agency
Grants under the Emergency School Aid Act.
2. AGENCY/BUREAU/OFFICE
U.S. Office o f Education, Bureau o f Ele­
mentary and Secondary Education, Equal
Educational Opportunity Programs.
3. AGENCY FORM NUMBER
OE Form 116-1.
22403
4. LEGISLATIVE A U TH O R ITY FOR TH IS
A C T IV IT Y
(A ) Basic grants. ‘T h e Assistant Secretary
is authorized to make a grant to, or a con­
tract w ith a local educational agency.
(A ) Which is implementing a plan:
( i) Which has been undertaken pursuant
to a final order issued by a court o f the
United States, or a court o f any State, or
any other State agency or official o f compe­
tent jurisdiction, and which requires the de­
segregation o f minority group segregated
children or faculty in the elementary and
secondary schools o f such agency, or other­
wise requires the elimination or reduction
o f m inority group isolation in such schools;
or
(ii) Which has been approved by the Sec­
retary as adequate under T itle V I o f the
Civil Rights Act of 1964 for the desegregation
o f minority group segregated children or
faculty in such schools; or
(B ) Which, without having been required
to do so, has adopted and is implementing,
or will, i f assistance is made available to it
under this title, adopt and implement, a
plan for the complete elimination o f
m inority group isolation in ail the m inority
group isolated schools o f such agency; or
(C ) Which has adopted and is im ple­
menting, or will, i f assisitance is made avail­
able to it under this Act, adopt and imple­
ment, a plan: /
(i) T o eliminate or reduce m inority group
isolation in one or more o f the m inority
group Isolated schools o f such agency,
(ii) T o reduce the total number o f m i­
nority group children who are in minority
group isolated schools o f such agency,
(iii) T o prevent m inority group isolation
reasonably likely to occur (in the absence
o f assistance under this title ) in any school
in such district in which school a t least 20
per centum but not more than 50 per
centum, o f the enrollment consists o f such
children, or
(D ) Which, without having been required
to do so, has adopted and is Implementing,
or will, i f assistance is made available to it
under this title, adopt and implement a
plan to enroll and educate in the schools
o f such agency children who would not
otherwise be eligible for enrollment because
o f nonresidence in the school district of
such agency, where such enrollment would
make a significant contribution toward re­
ducing m inority group isolation in one or
more o f the school districts to w h ich’ such
plan relates; or
(E ) Which w ill establish or maintain one
or more integrated schools as defined in sec­
tion 720(7) and which:
(1) Has a sufficient number o f m inority
group children to comprise more than 50 per
centum o f the number o f children in a t­
tendance at the schools o f such agency, and
(ii) Has agreed to apply for an equal
amount o f assistance under section ( b ) .’’
(Pub. L. 92-318, sec. 7 0 6 (a )(1 ); (20 U.S.C.
1 6 0 5 (a )(1 )); (45 CFR 185.21).)
(B ) P ilo t projects. “ The Assist»,nt Secre­
tary is authorized to make grants to or con­
tracts with local educational' agencies * * *
for unusuallv promising pilot programs or
projects designed to overcome the adverse
effects o f m inority group Isolation by im ­
proving the academic achievement o f chil­
dren in one or more m inority group isolated
schools i f * * * the local educational
agency had a number o f m inority group
children enrolled in its schools * * * which
(1) is at least 15,000 or (2) constitutes more
than 50 per centum o f the total number of
children enrolled in such schools.”
(Pub. L. 92-318, sec. 706(b); (20 U.S.C. 1605
( b ) ) ; (45 CFR 185.21).)
(C ) B ilingual projects. “Th e Assistant Sec­
retary shall carry out a program to meet the
 22404
needs o f minority group children who are
from an environment in which a dominant
language is other than English * * * the
Assistant Secretary is authorized to make
grants to and contracts with * * *
" ( B ) local educational agencies eligible
for assistance under section 706 for the pur­
pose of engaging in such activities; or
(C ) local educational agencies which are
eligible to receive assistance under section
706 for the purpose o f carrying out activi­
ties authorized under séction 707(a) * *
(Pub. L. 92-318, sec. 708(c) (1) (B ) and (C ) );
(20 U.S.C. 1607(c) (1) (B ) and (C ) ) ; (45 CFR
185.51.)
(d ) Special projects. “ The Assistant Secre­
tary is authorized to make grants to, and
contracts with, State and local educational
agencies, and other public agencies and or­
ganizations (or a combination o f such agen­
cies and organizations) for the purposes o f
conducting special programs and projects
carrying out activities otherwise authorized
by this title, which the Assistant Secretary
determines w ill make substantial progress
toward achieving the purposes o f this title.”
(1) Special arts projects, “ (a ) Any public
agency or organization responsible for the
administration o f statewide public arts pro­
grams, such as a State Arts Council or State
Arts and Humanities Commission, may apnly
for assistance by grant • * * for special proj­
ects that would through the arts provide op­
portunities for interracial and intercultural
communication and understanding to help
meet the special needs Incident to the im ple­
mentation o f a plan or project described in
§ 185.11 or § 185.31(a) * *
(Pub. L. 92-318, sec. 7 0 8 (a )(2 ); (20 U.S.C.
1 6 0 7 (a)(2 )) (45 CFR 185.91).)
(2 ) Special student concerns projects.
" ( a ) Any public agency or organization * * *
other than a local educational agency may
apply for assistance by grant * * * for the
conduct of special student concerns projects
designed to eliminate the disproportionately
high Incidence o f suspension, expulsion, and
other disciplinary action involving minority
group students in the schools o f cooperating
local educational agencies * •
(Pub. L. 92-318, sec. 7 0 8 (a )(2 ); (20 U.S.C.
1607(a) (2) ) (45 CFR 185.93).)
(3) Other special projects, “ (a ) (1) The As­
sistant Secretary may assist * * » any State
or local educational agency or other public
agency or organization * * * for the purpose
o f conducting spècial programs or projects
which the Assistant Secretary determines will
make substantial progress toward achieving
the purposes of the Act.”
(Pub. L. 92-318, sec. 708(a); (20 Ü.S.C. 1607
(a ) ) (45 CFR 185.94).)
5. VOLUNTARY/OBLIGATORY NATURE OF
RESPONSE:
Required to obtain benefits.
6. HOW INFORM ATION COLLECTED W ILL
BE USED
Each application for a LEA grant under
the Emergency School Aid Act will be sub­
ject to the following reviews conducted in
the regional offices:
A. Statistical Data Review. The statistical
data regarding the enrollment and isolation
o f minority group students w ill be taken
from the application and used to compute
the extent o f reduction o f minority group
isolation. P ilot project applications must be
verified to have at least 15,000 minority group
students in the district or 50 percent m i­
nority enrollment in the project schools.
B. Eligibility/assurances review. The Office
for C ivil Rights (O CR) has been delegated
the authority to determine i f districts are
FEDERAL REGISTER, VOL. 42 , NO. 85— TUESDAY, MAY 3, 1977
NOTICES
eligible to apply for and receive assistance proposed program or project with projects
under Pub. L. 92-318. The Office of Education when applicable, o f Titles I, III, and V II of
is responsible for determining if the appli­
the Elementary and Secondary Education
cant has met the requirements for all other Act o f 1965 and T itle IV o f the Civil Rights
assurances.
Act o f 1964 and other laws o f the United
C. Educational quality review. The educa­States (see 45 CFR 185.13(h) ).
tional quality score o f each application will
(2) Attach a description o f how nonpublic
be determined by a panel o f qualified persons school children and staff are expected to par­
using the criteria outlined in 45 CFR 185.14, ticipate in the proposed project and o f the
185.34, 185.35, 185.54(b), 185.84, 185.91-2, procedure by which the applicant consulted
185.93-3, and 185.94-3, as applicable. The with representatives o f nonpublic schools in
listing o f promihent milestones outlined by the development o f the application, and pro­
the applicant will be used by OE personnel cedures for effective liaison with such per­
to track the progress o f the project.
sons after the receipt o f the funds requested
7. D ATA ACQUISITION PLAN (see 45 CFR 185.42(f)).
a. Method o f collection: Mail. (g ) For applicants for integrated schools
b. Tim e o f collection: January. projects only, for each school provide the
c. Frequency: Annually. total predicted enrollment and the number
and percent o f m inority enrollment for each
8. RESPONDENTS school affected by the plan and each school
a. Type: Local educational agencies. not affected by the plan.
b. Number: Sample— 2000. (h ) Number o f students who are ex­
c. Estimated average man hours per re­ pected to participate in each school, by type
spondent: 40 hours. o f project and by racial category.
(I) For each nonpublic school which en­
9. INFORM ATION TO BE COLLECTED
Applicants for local educational agency rolls students or employs staff who will par­
(LE A ) grants, including basic grants, pilot ticipate in the proposed ESAA project (45
projects, bilingual projects, emergency spe­ CFR 185.42(f)), indicate the type o f grant,
cial projects, territories, special arts, and the total number o f staff and students, by
special student concerns projects, are re­ race, in each school, and the number o f staff
and students who will participate -in each
quired to submit the following information: project.
(a ) A copy o f the desegregation plan in ­
cluding attachments to document assur­ (J) For 45 CFR 185.13( i ) , show the total
local revenue and tax rate for fiscal years
ances.
(b ) E n rollm en t data showing the num­ 1977 and 1973 and show expenditures per
ber o f schools currently operated by the pupil from local revenues for the applicable
fiscal years (potential 3 years).
LEA as well as the number o f schools to be
affected by the plan under which the LEA (k ) For 45 CFR 185.13(1) (1 ); list the dis­
trict’s transactions with nonpublKTschools
is operating.
(c ) Enrollment data on the number and/ since June 23, 1972, including gifts, leases,
or percentage o f minority group students as loans, sales or other transactions o f prop­
defined in 45 CFR 185.02(f) currently en­ erty or service, by name and address o f non-
rolled in such school district. (Applicants puhUc school, date o f transaction and de­
scription o f property or services.
fo r bilingual projects must also list the
total non-English dominant enrollment in ( l) For 45 CFR 185.13(1) (2 ), list by race,
the number o f principals, full-tim e class­
the LEA.)
(d ) Names o f schools to be affected by room teachers, and head coaches for athletics
the plan, as well as the percentage o f minor­ employed by your district for the academic
ity group students enrolled in such schools year immediately preceding Implementation
for: o f any portion o f the district’s earliest plan
(1) School year immediately preceding the and as o f the date o f the application.
initiation o f a LEA’s current desegregation (m ) For 45 CFR 185.13(1) (3 ), give the total
plan; number o f all minority or all-nonmlnority
(2 ) School year for which funds are being classes in the district and attach an educa­
requested or the next most recent school tional justification o f such assignments.
term for which such data are available. (n ) For 45 CFR 185.13(i) (4 ), supply the
(e ) Number o f schools not affected by the district’s current enrollment by race and type
plan and the number and percentage o f o f disability in classes for the mentally re­
m inority pupils currently enrolled. tarded or for children with other learning
( f ) A program narrative presented in the disabilities; supply the current number and
following manner: percentage o f students enrolled in the first
Needs Assessment should be broken down grade in the district whose primary home lan­
into individual needs, and each need should guage is other than English. I f the number of
be ranked in order o f priority and presented non-English dominant students is more than
separately. Under each component, discuss 100 or more than 5 percent, attach the aver­
the objectives and activities associated with ages o f the most recent standardized reading
the particular need, the plans for evaluation achievement scores, by race, for students en­
o f those activities, the management o f re­ rolled in the third and six grades (or the
sources and for pilot projects only, the plans nearest grades).
for replication o f the program In discussing (o ) Provide data for advisory committees
staffing, present a biographical sketch o f the including date established, date application
program director which includes his or her submitted to committee for review, date
name, address, telephone number, back­ names o f members and purpose published in
ground and other qualifying experience for newspaper and a copy o f the minutes of the
the project. Special arts applicants must also hearing must be attached.' Also, indicate the
state the prior experience in education, the names o f advisory committee members, by
arts, and interracial/intercultural relations race, organization represented, whether a
o f the State director level to be employed. parent o f student affected by ESAA project
Also, list the name and relevant experience or plan, classroom teacher or secondary
o f other key personnel to be involved in the school student. (For Special Student Con­
project. cerns Projects only, indicate which members
Bilingual applicants must include a de­ were designated by the cooperating LEAs and
scription o f the plan for inservice training, their advisory committees (45 CFR 185.65
and the plan for Implementation o f any pro­ ( b) ( 2 ) ) . )
gram developed or proposed to be developed (p ) For applicants for bilingual projects
(see 45 CFR 185.52 (b ) and ( c ) ) . only (45 CFR 185.53(c)(3)), provide (1)
LEA applicants only: (1 ) Describe the pro­ number and percentage o f minority group
cedures proposed for the coordination o f this children in district from an environment in
 NOTICES 22405

which the dominant language is other than similar interest and benefit. The meet­ poses of the program described below.
English who currently receive instruction ing will be open to all interested persons. Applications fo r new fellowships must
in such language, the average number of be received by the U.S. Office of Edu­
hours per day, and the educational goals of Dated: April 27,1977. cation Application Control Center on or
such Instruction; (2) indicate the extent to W il l ia m F . R and o lph , before June 15, 1977. Applications for
which such minority children are separated Acting Associate
from nonminority children by or within
non-competing continuation fellowships
classes for any part o f the day for the pro­ Commissioner fo r Compliance. should be received by the U.S. Office of
vision o f instructional or other services or [F R Doc.77-12588 Filed 5-2-77:8:45 am ] Education Application Control Center
for purposes o f ability grouping or homo­ on or before June 17,1977.
geneous instruction, by name o f school, av­ References below to proposed regula­
erage number o f hours o f separation per [Docket No. 76F-0484] tions relate to the Notice of Proposed
day, and educational justification for separa­ Rulemaking fo r the Indian Education
tions (45 CFR 185.53(c)); and (3) explain SOUTHERN SIZING CO. Act, Part B, which was published in the
any variation in materials used for reading Withdrawal of Petition for Food Additives F ederal R e g ister on March 25, 1977, at
instruction between the various schools in
the district or between the various class­ Agency: Food and Drug Administration, volume 42, pages 16267-16268 (Subpart
rooms within such school. Variations should HEW. H ).
be described in terms o f primary language, A. Subpart H Awards (CFDA No. 13.
subject matter, or intended level o f instruc­ ACTIO N: Notice. 569). Pursuant to proposed 45 CFR 187.
tion. SUM M ARY: Southern Sizing Co. has 71 Subpart H, an Indian who is in at­
[P R Doc.77-12611 Filed 5-2-77;8:45 am] withdrawn its petition (F A P 7A3251) to tendance, or who has been accepted for
use polypropylene glycol as a defoaming admission, as a full-time student at an
agent in the manufacture of edible institution of higher education for study
Food and Drug Administration protein. in a graduate or professional program
ADVISORY COMMITTEES may apply for a fellowship. The appli­
FOR FU RTH ER IN FO RM ATIO N CON­ cant’s program of study must be one of
Meetings, TA C T : not less than three nor more than four
Correction John J. McAuliffe, Bureau of Foods academic years and provide a profes­
(HFF-334), Food and Drug Adminis­ sional or graduate degree in engineer­
In FR Doc. 77-10893, appearing at page ing, medicine, law, business, forestry, or
tration, Department of Health, Edu­
19917 in the issue for Friday, April 15, cation, and Welfare, 200 C St. SW., a field related to one of these areas.
1977, on page 19918, under entry number Washington, D.C. 20204, 202-472-5690. A program of study to be undertaken
8, Toxicology Advisory Committee, under by a fellow must be one leading to a
the heading “ Type of meeting and con­ SUPPLEM ENTARY IN FO RM ATIO N: post-baccalaureate degree. Applicants in
tact person” , the telephone at the end Pursuant to the Federal Food, Drug, and the field of business, engineering, or for­
of the paragraph should read 301-443- Cosmetic Act (sec. 409(b), 72 Stat. 1786 estry must be entering at a level not low­
4490. _______ (21 U.S.C. 348(b)) ) , the following notice er than the third year of undergraduate
is issued: school. Applicants in the fields o f medi­
HEALTH CARE AND SERVICES In accordance with procedures for cine or law must be entering at a level
withdrawal o f food additive petitions not lower than the first year o f medical
Notice of Open Meeting under § 171.7 (21 CFR 171.7, formerly school or law school, whichever is ap­
AGENCY: Food and Drug Administra­ § 121.52, prior to recodification published plicable.
tion. in the F ederal R egister of March 15,
Criteria for the Indian Fellowship
1977 (42 FR 14302)), Southern Sizing
ACTION: Notice. Program are set forth in proposed 45
Co., P.O. Box 90987, East Point, GA
CFR 187.72. Priorities are set forth in
SUMMARY: This document announces 30364, has withdrawn its petition (F A P proposed 45 CFR 187.73.
a forthcoming national Ad Hoc Profes­ 7A3251), notice of which was published B. Availability of funds and estimated
sional Meeting to be chaired by the in the F ederal R egister of December 28, number of awards. The estimated total
Deputy Commissioner of Food and 1976 (41* FR 56396), proposing that amount of funds which will be available
Drugs. § 173.340 Defoaming agents (21 CFR
173.340, formerly § 121.1099, prior to re- for the Indian Fellowship Program is
DATE: The meeting will be at 1p.m., codifioation published in the F ederal $1,000,000. O f this amount, approxi­
Wednesday, May 18,1977. R egister of March 15, 1977 (42 FR
mately half has been committed to con­
tinue fellowship awards which began
ADDRESS: The meeting will be held at 14302)) be amended to provide for the with Fiscal Year 1976 funds. Based on an
the Shoreham Americana Hotel, 2500 safe use of polypropylene glycol as a
average fellowship award of $5,000, ap­
Calvert St. NW., Washington, D.C. 20008. defoaming agent in the manufacture of proximately 100 new fellowship awards
edible protein.
FOR FURTHER IN FO RM ATIO N CON­ will be made.
TACT: Dated: A p ril21,1977. C. Applications sent by mail. An ap­
Alan S. Kaplan, Office of Professional H ow ard R oberts , plication sent by mail should be ad­
Acting Director, dressed as follows: U.S. Office of Edu­
Programs (HFG-15), Food and Drug
Bureau of Foods. cation, Grant and Procurement Manage­
Administration, 5600 Fishers Lane, ment Division, Application Control Cen­
Rockville, Md. 20857, 301-443-5470. [F R Doc.77-12427 Filed 5-2-77;8:45 am] ter, 400 Maryland Avenue SW., Wash­
SUPPLEMENTARY IN FO RM ATIO N: ington, D.C. 20202, Attention: 13.569. An
The theme of the meeting is “ Agency INDIAN FELLOWSHIP PROGRAM application for a new fellowship sent
Procedures for Public Information and by mail will be considered to be received
Administration,” which is pertinent to Closing Date for Receipt of Applications on time by the Application, Control Cen­
health professionals. The purpose of the Notice is hereby given that, pursuant ter if:
(1) The application was sent by reg­
meeting is to exchange educational and to the authority contained in section 423
istered or certified mail not later than
other informational items of mutual of the Elementary and Secondary Edu­ June 10, 1977 for new applications and
interest, to identify common problems cation Act, as added by the Indian Edu­ June 13 for non-competing continuation,
within the sphere of FD A’s responsibility cation Act, Part B of Title IV of Pub. L. as evidenced by the U.S. Postal Service
92-318 and as amended by Part C of postmark on the wrapper or envelope, or
that have an effect on the health care on the original receipt from the U.S.
practioner and/or the delivery of health Title V I of Pub. L. 93-380 (20 U.S.C. Postal Service; or
services, to seek solutions to those prob­ 887c-2), applications are being ac­ (2) The application is received on or
lems, and to conduct other "activities of cepted from eligible applicants for pur­ before the closing date, by either the

FEDERAL REGISTER, VOL. 42 , NO. 85— TUESDAY, MAY 3, 1977

 22406 NOTICES
Department o f Health, Education, and (a) Demonstration, proposed 45 CFR (2) The application is received on or
Welfare, or the U.S. Office o f Education 188.5(a). Projects to test and demon­ before the closing date by either the De­
mail rooms in Washington, D.C. In es­ strate the effectiveness of adult Indian partment o f Health, Education, and
tablishing the date of receipt, the Com­ education programs; Welfare, or the U.S. Office o f Education
missioner will rely on the time-date (b) Basic literacy and high school mail rooms in Washington, D.C. In es­
stamp of such mail rooms or other doc­ equivalency, proposed 45 CFR 188.5(b). tablishing the date of receipt, the Com­
umentary evidence of receipt maintained Projects that establish and operate pro­ missioner will rely on the time date
by the Department of Health, Education, grams for basic literacy training and stamp of such mail rooms or other docu­
and Welfare, or the U.S. Office o f high school equivalency; mentary evidence of receipt maintained
Education. (c) Research and development, pro­ by the Department o f Health, Education,
D. Hand-delivered applications. An ap­ posed 45 CFR 188.5(c). Projects to sup­ and Welfare, or the U.S. Office of Educa­
plication to be hand delivered must be port a major research and development tion.
taken to the U.S. Office o f Education program to develop innovative and effec­ C. Hand-delivered applications. Appli­
Application Control Center, Room 5673, tive techniques for achieving literacy and cations to be hand delivered must be
Regional Office Building Three, 7th and high school equivalency; and taken to the U.S. Office of Education
D Streets SW., Washington, D.C. Hand- (d) Dissemination and evaluation, pro­ Application Control Center, Room 5673,
delivered applications will be accepted posed 45 CFR 188.5(e). Projects fo r dis­ Regional Office Building Three, 7th and
daily between the hours o f 8:00 a.m. and semination and evaluation of materials D Streets SW., Washington, D.C. Hand
4:00 p.m., Washington, D.C. time, except on Adult Indian education. delivered applications will be accepted
Saturdays, Sundays, or Federal holidays. Applications received in the areas de­ daily between the hours of 8:00 am . and
Applications will not be accepted after scribed above will be evaluated against 4:00 p.m., Washintgon, D.C. time, except
4:00 p.m. on the closing date. the criteria in § 188.15. Priority points Saturdays, Sundays, or Federal holidays.
E. Program information and forms. will be awarded in accordance with Applications will not be accepted after
Information and application forms may § 188.17. 4:00 p.m. on the closing date.
be obtained from the Office of Indian (2) Basic surveys: Applications are be­ D. Program inform ation and forms.
Education, Division of Special Projects ing accepted from State and local edu­ Information and application forms may
and Programs, U.S. Office of Education, cation agencies; and Indian tribes, insti­ be obtained from the Division of Special
Room 2158, 400 Maryland Avenue SW., tutions, and organizations for basic Projects and Programs, Office o f Indian
Washington, D.C. 20202. surveys on the problems of illiteracy and Education, UJ5. Office o f Education,
F. Applicable regulations. Awards lack o f completion o f high school on In ­ Room 2161, Federal Office Building Six,
under this program will be subject to dian reservations as described in pro­ 400 Maryland Avenue SW., Washington,
the Office of Education General Provi­ posed 45 CFR 188.5(d), published in the D .C.20202.
sions Regulations (45 CFR Part 100a) F ederal R eg ister on March 25, 1977, at E. M ultiple year project grants. Appli-
and, subject to their becoming effective, volume 42, page 16273. Applications re­ cats may submit applications fo r proj­
the Indian Education Act, Part B pro­ ceived in this area will be evaluated ects which will require more than one
gram regulations (45 CFR Part 187) pub­ against the criteria in paragraphs 188.15 year for completion as authorized by
lished in the F ederal R e g ister as pro­ (a ), (c ), (d ), (e ), and (f) plus the cri­ proposed 45 CFR 188.11. Consideration
posed rules on March 25,1977, at volume teria in 1 188.16. Priority points will be will be given to providing support for
42, pages 16257-16258. awarded in accordance with § 188.17. projects of two to three years on a case-
(20 U.S.C. 887c—2.) (3) Dissemination and evaluation. Ap­ by-case basis. Where assistance is pro­
(Catalog o f Federal Domestic Assistance plications are being accepted from pub­ vided for multiple year project grants,
Number 13.569, Indian Education— Fellow­ lic agencies and institutions; and Indian grant awards will be made for a budget
ships for Indian Students.) tribes, institutions and organizations for period o f a single year’s duration with
projects which evaluate the effectiveness continuation awards made on a non­
Dated: April 7,1977. of federally assisted programs in which competitive basis subject to satisfactory
W il l i a m F . P ie r c e , adult Indians may participate and dis­ performance (as determined pursuant to
Acting U.S. Commissioner seminate information concerning adult proposed 45 CFR 188.11(d)) and the
of Education. Indian education as described in pro­ availability o f funds in future fiscal
posed 45 C F R 188.6, published in the F ed ­ years.
[FR Doc.77-12606 Filed 5-2-77:8:45 am]
e ral R e gister on March 25, 1977, at F. Available funds. Funds available
volue 42, page 16273A. from appropriations fo r this program
SPECIAL PROGRAMS RELATING TO ADULT Applications received in this area will are approximately $4,000,000 fo r this
EDUCATION FOR INDIANS be evaluated against the criteria in para­ fiscal year. It.is anticipated that sixty-
graphs 188.15 ( a ) , ( c ) , ( d ) , ( e ) , and ( f ) one grants will be awarded with the ap­
Closing Date for Receipt of Applications
plus the criteria in § 188.16. Priority proximate range of award amounts from
Notice is hereby given that pursuant to points will be awarded in accordance $20,000 to $100,000.
the authority contained in section 314 of with § 188.17. G. Applicable regulations. The regula­
Pub. L. 89-750, as amended by Title IV, Applications must be received by the tions applicable to this program include
Part C of Pub. L. 92-318 and Title VI, U.S. Office of Education Application the Office of Education General Provi­
Part A o f Pub. L. 93-380 (20 U.S.C. Control Center on or before June 17, sions Regulations (45 CFR Part 100a,
1211a), applications are being accepted 1977. except 45 CFR 100a.26(b)) n-nd subject
for the following programs: B. Applications sent by mail. An appli­ to their becoming effective, the proposed
A. Programs fo r which applications arecation sent by mail should be addressed rules for awarding Financial Assistance
being solicited. (1) Demonstration, basic as follows: U.S. Office of Education; for the Improvement o f Educational Op­
literacy and high school equivalency, re­ Grant and Procurement Management portunities for Adult Indians published
search and development, and dissemi­ Division, Application Control Center, 400 in the F ederal R e g ister on March 25,
nation and evaluation. Applications are Maryland Avenue SW., Washington, D.C. 1977, at volume 42, page 16272.
being accepted from State educational 20202, Attention: 13.536. An application (20 U.S.C. 1211a.)
agencies; local educational agencies; and sent by mail will be considered to be re­ (Catalog o f Federal Domestic Assistance
ceived on time by the Application Con­
Indian tribes, institutions, and organi­ Number 13.536; Indian Education— Adult Ed­
trol Center i f : ucation.)
zations for planning, pilot, and demon­ (1) The application was sent by reg­
stration projects described in the istered or certified mail not later than Date: April 7,1977. ,
following paragraphs o f the proposed June 13, 1977, as evidenced by the U.S. W il l i a m F. P ie r c e ,
rules published in the F ederal R egister Postal Service postmark on the wrapper Acting U.S. Commissioner
on March 25, 1977, at volume 42, page or envelope, or on the original receipt of Education.
16272. from the UB. Postal Service; or [F R Doc.77-12607 Filed 5-2-77;8:45 am]

FEDERAL REGISTER, VOL. 4 2 . NO. 85— TUESDAY, M AY 3 . 1977


SPECIAL PROGRAMS AND PROJECTS TO
IMPROVE EDUCATIONAL OPPORTUNI­
TIES FOR INDIAN CHILDREN
Closing Date for Receipt of Applications
Notice is hereby given pursuant to the
authority contained in the Elementary
and Secondary Education Act of 1965, as
added by the Indian Education Act, Part
B of Title IV, Pub. L. 92-318 and as
amended by Part C of Title VI, Pub. L.
93-380 (20 U.S.C. 887c; 20 U.S.C. 887c-l;
20 U.S.C. 887c-2), that applications are
being accepted from eligible applicants
for purposes of the programs listed be­
low. An eligible applicant may submit
applications for one or more programs.
Competing applications (those which
did not receive a multiple year award in
Fiscal Year 1975 or Fiscal Year 1976)
should be based upon a ten-month grant
award period and must be received by
the U.S. Office of Education Application
Control Center on or before June 15,
1977. Non-competing continuation ap­
plications <multiple year awards made
in Fiscal Year 1975 and Fiscal Year
1976) may be based upon a twelve-month
grant award period and should be re­
ceived on or before June 17,1977.
References below to proposed regula­
tions relate to the Notice of Proposed
Rulemaking for the Indian Education
Act, Part B, which was published in the
F ederal R e gister on March 25, 1977, at
volume 42, pages 16257-16269.
A. Subpart B Awards. (CFDA No.
12.535A). Pursuant to 45 CFR 187.11 of
the proposed regulations, State and local
educational agencies; federally sup­
ported elementary and secondary
schools for Indian children; and Indian
tribes, Indian organizations, and Indian
institutions may submit applications for
grants to support planning, pilot, and
demonstration projects for improving
educational opportunities for Indian
children. Criteria for this program are
set forth in proposed 45 CFR 187.12.
Priorities are set forth in proposed 45
CFR 187.13.
B. Subpart C Awards. ( CFDA No.
13.535A). Pursuant to 45 CFR 187.21 of
the proposed regulations, State and local
educational agencies, and tribal and
other Indian community organizations
may submit applications for programs to
provide educational services to improve
the educational opportunities for Indian
children. Criteria for this program are
set forth in proposed 45 CFR 187.22.
Priorities are set forth in proposed 45
CFR 187.23.
C. Subpart D Awards. ( CFDA No.
13.535A). Pursuant to 45 CFR 187.31 of
the proposed regulations, State and local
educational agencies, and tribal and
other Indian community organizations
may submit applications for programs
to provide exemplary programs and cen­
ters to improve the educational oppor­
tunities for Indian children. Criteria for
this program are set forth in proposed
45 CFR 187.32. Priorities are set forth in
45 CFR 187.33.
D. Subpart E Awards. ( CFDA No.
12.535A). Pursuant to 45 CFR 187.41 of
FEDERAL REGISTER, VOL. 4 2 , NO. 85— TUESDAY, M AY 3 , 1977
NOTICES
the proposed regulations, public agen­
cies and institutions, Indian tribes, In ­
dian institutions, and Indian organiza­
tions may apply for assistance for dis­
semination, evaluation, and training and
technical assistance programs. Criteria
for this program are set forth in pro­
posed 45 CFR 187.42. Priorities are set
forth in proposed 45 CFR 187.43.
E. Subpart F Awards. ( CFDA No.
13.535A). Pursuant to 45 CFR 187.51 of
the proposed regulations, institutions o f
higher education and State and local
educational agencies in combination
with institutions o f higher education,
may apply for grants to prepare persons
to serve Indian children as teachers,
teacher aides, social workers, or ancil­
lary educational personnel, or to im­
prove the qualifications of those persons
serving Indian children in those capaci­
ties. Criteria for this program are set
forth in proposed 45 CFR 187.53. Priori­
ties are set forth in proposed 45 CFR
187.54.
F. Subpart G Awards. ( CFDA No.
13.535B). Pursuant to 45 CFR 187.61 of
the proposed regulations, institutions of
higher education, Indian tribes, and In ­
dian organizations may apply for grants
to prepare individuals for teaching in or
administering special programs and
projects designed to meet the special ed­
ucational needs of Indian children; or to
provide in-service training for persons
already teaching in those programs and
projects; or both. Criteria for this pro­
gram are set forth in proposed 45 CFR
187.63. Priorities are set forth in pro­
posed 45 CFR 187.64.
G. Subpart H Awards—Indian Fellow­
ship Program. (.CFDA No. 16.569). Appli­
cations for Subpart H, 45 CFR 187.71 are
not being solicited at present in this no­
tice. A separate notice of closing date will
be published this year soliciting applica­
tions for fellowship awards.
H. M utliple year awards. Applicants
may submit applications for projects
which will require more than one year
for completion. Consideration will be
given to providing support for projects
of two to three years on a case-by-case
basis. Where assistance is provided for
multiple year projects, grant awards will
be made for budget periods of a single
year’s duration with continuation awards
made on a non-competitive basis sub­
ject to satisfactory performance as de­
termined pursuant to 45 CFR 187.6(d)
and the availability o f funds in future
fiscal years.
I. Availability of funds and estimated
number and amount of awards. The esti­
mated total amount of funds which will
be available for the above activities is
$13,080,000. O f this amount, approxi­
mately $4,317,000 has been committed
to continue 27 multiple year grants
which began with Fiscal Year 1975 or
1976 funds.
Based on a $103,000 average grant for
a ten-month period, it is estimated that,
with the remainder o f the Fiscal Year
1977 funds ($8,763,000), approximately
85 new grants will be awarded. A more
detailed subpart by subpart estimate
follows:
22407
Subpart B— $1,063,000— 11 grant awards.
Subpart C— $2,500,000— 26 grant awards.
Subpart D— $1,000,000—9 grant awards.
Subpart E— $1,200,000— 11 grant awards.
Subpart P — $1,500,000— 14 grant awards.
Subpart G— $1,500,000— 14 grant awards.
J. Applications sent by mail. An appli­
cation sent by mail should be addressed
as follows: UJS. Office of Education;
Grant and Procurement Management
Division, Attention: CFDA # 13.535,
Application Control Center, 400 Mary­
land Avenue, SW., Washington, D.C.
20202. An application sent by mail will
be considered to be received on time by
the Application Control Center i f :
(1) The application was sent by regis­
tered or certified mail not later than
June 10, 1977 for the competing portion
of the program and June 13,1977 for the
non-competing portion, as evidenced by
the U.S. Postal Service postmark on the
wrapper or envelope, or on the original
receipt from the U.S. Postal Service; or
(2) The application is received on or
before the closing date, by either the De­
partment of Health, Education, and
Welfare, or the U.S. Office of Education
mail rooms in Washington, D.C. In es­
tablishing the date of receipt, the Com­
missioner will rely on the time-date
stamp of such mail rooms or other docu­
mentary evidence of receipt maintained
by the Department of Health, Education,
and Welfare, or the U.S. Office of Educa­
tion.
K. Hand-delivered applications. An
application to be hand delivered must be
taken to the U.S. Office of Education Ap­
plication Control Center, Room 5673,
Regional Office Building Three, 7th and
D Streets, SW., Washington, D.C. Hand-
delivered applications will be accepted
daily between the hours o f 8:00 a.m. and
4:00 p.m„ Washington, D.C. time except
Saturdays, Sundays, or Federal holidays.
Applications will not be accepted after
4:00 p.m. on the closing date.
L. Program inform ation and forms. In ­
formation and application forms may be
obtained from the Office of Indian Edu­
cation; Division o f Special Projects and
Programs; U.S. Office o f Education;
Room 2158; 400 Maryland Avenue, SW.;
Washington, D.C. 20202.
M. Applicable regulations. Awards
under these programs will be subject to
the Office of Education General Provi­
sions Regulations (45 CFR Part 100a, ex­
cept 100a.26(b)) and subject to their be­
coming effective, the Indian Education
Act Part B program regulations (45 CFR
Part 187) published in the F ederal R eg ­
is t e r as proposed rules on March25,1977,
at vol. 42, pages 16257-16269.
(20 U.S.C. 887c.)
(Catalog o f Federal Domestic Assistance
Number 13.536A and 13.535B, Indian Educa­
tion— Special Programs and Projects.)
Dated: April 7,1977.
W il l i a m F . P ie r c e ,
Acting U.S.
Commissioner of Education.
[F R Doc.77-12608 Filed 5-2-77; 8:45 am ]
 22408
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
Office of the Secretary
[Docket No. N-77-506]
PRIVACY ACT OF 1974
Proposed Amendment of Notice of System
of Records
AGENCY: Department of Housing and
Urban Development.
ACTIO N : Proposed amendment.
SUM M ARY : The Department is propos­
ing to amend its Statement of Routine
Uses required by the Privacy Act for one
of its systems of records by adding a new
routine use.
DATES: Interested persons may submit
comments on or before June 2,1977.
ADDRESSES : Rules Docket Clerk, Office
o f the Secretary, Room 10141, Depart­
ment of Housing and Urban Develop­
ment, 451 Seventh Street S.W., Wash­
ington, D.C. 20410.
FOR FURTHER IN FO RM ATIO N CON­
TAC T:
Mr. Harold Rosenthal, Departmental
Privacy Act Officer, on (202) 755-5192.
SUPPLEM ENTARY IN FO RM ATIO N:
The Department proposes to amend the
Statement of Routine Uses for the sys­
tem of records designated as HUD/
DEPT-28 (Mobile Home Improvement
and Rehabilitation Loans— Delinquent/
Default) by adding a routine use for the
disclosure of individually identifiable
information concerning delinquent gov­
ernment-owed debts to debtors’ employ­
ers and Federal agencies to the extent
necessary for the Department to carry
out its functions in exercising diligence
in collecting government-owed debts as
required by the Federal Claims Collec­
tion Act of 1966 (31 U.S.C. 95). The sys­
tem of records was published at 41 FR
50610 on November 16, 1976.
In order to more properly reflect the
type of records, the system name is being
changed to “Property and Mobile Home
Improvement and Rehabilitation
Loans— Delinquent/Default.” The des­
ignation, HUD/DEPT-28, is being
retained.
A Finding of Inapplicability respect­
ing the National Environmental Policy
Act of 1969 has been made in accordance
with HUD Handbook 1390.1. A copy of
this Finding of Inapplicability will be
available for public inspection during
regular business hours at the address set
forth above.
The Department of Housing and
Urban Development proposes the routine
uses to read:
Routine Uses of records maintained in
the system including categories of users
and the purposes of such uses. See
Routine Uses paragraphs in prefatory
statement. Other routine uses: To GAO
for audit purposes; to private employers
and other Federal agencies for the pur­
pose of collecting government-owed
debts; and to the Department of Justice
and U.S. Attorney’s offices for collection
purposes.
FEDERAL REGISTER, VOL. 4 2 , NO. 85— TUESDAY, MAY 3, 1977
NOTICES
For the convenience of the public, the
Department is republishing the system
of records in its entirety, as follows:
H U D / D E P T -2 8
System nam e:
Property and Mobil Home Improve­
ment and Rehabilitation Loans-Delin-
quent/Default.
System location:
Headquarters and most area and in­
suring offices maintain files of this type.
For a complete listing, with addresses,
see Appendix A.
Categories o f individuals covered by the
system:
Mobile home, home improvement, and
rehabilitation loan debtors; builders and
contractors under mobile home, home
improvement and rehabilitation pro­
grams.
Categories o f records in the system:
Names, credit applications, and case
histories of borrowers; records of pay­
ments, financing statements; delinquent
and defaulted loan records and account
cards; collection and field reports; rec­
ords of claims and chargeoffs; creditor
request for collection assistance; justifi­
cations for closing.collection actions; re­
lated correspondence.
Routine Uses o f records maintained in the
system including categories o f users
and the purposes o f such uses:
See Routine Uses paragraphs in prefa­
tory statement. Other routine uses: To
GAO for audit purposes; to private em­
ployers and other Federal agencies for
the purpose of collecting government-
owed debts; and to the Department of
Justice and U.S. Attorney’s offices for col­
lection purposes.
Policies and practices fo r storing, retriev­
ing, accessing, retaining and dispos­
ing o f records in the system:
Storage:
In file folders.
Retrievability:
By name and case file number of indi­
vidual covered.
Safeguards:
Files are stored in lockable file cab­
inets.
Retention and disposal:
Files are partly active and partly his­
torical and are disposed of in accordance
with HUD Handbook.
System manager and address:
Director, Office of Organization and Manage­
ment Information, Department o f Housing
and Urban Development, 451 Seventh
Street SW., Washington, D.C. 20410.
Notification procedure:
For inquiry about existence of records,
contact the Privacy Act Officer at the ap­
propriate location, in accordance with
procedures in 24 CFR Part 16. I f addi­
tional information or assistance is re­
quired, contact the Privacy Act Officer at
the appropriate location. A list of all lo­
cations is given in Appendix A.
Record access procedures:
' The Department’s rules for providing
access to records to the individual con­
cerned appear in 24 CFR Part 16. If
additional information or assistance is
required, contact the Privacy Act Officer
at the appropirate location. A list o f all
locations is given in Appendix A.
Contesting record procedures:
The Department’s rules for contesting
the contents of records and appealing in­
itial denials, by the individual concerned,
appear in 24 CFR Part 16. I f additional
information or assistance is needed, it
may be obtained by contacting: (i) in re­
lation to contesting contents of records;
the Privacy Act Officer at the appropri­
ate location. A list of all locations is given
in Appendix A; (ii) in relation to appeals
of initial denials, the HUD Depart­
mental Privacy Appeals Officer, Office of
General Counsel, Department of Housing
and Urban Development, 451 Seventh
Street, S.W., Washington, D.C. 20410.
Record source categories:
Subject individual; current and previ­
ous employers; credit bureaus; financial
institutions; firms; federal and non-fed­
eral agencies; law enforcement agencies.
Authority:
5 U.S.C. 552a, 88 Stat. 1896; Sec. 7(d)
Department of HUD Act (42 U.S.C. 3535
(d )).
It is hereby certified that the eco­
nomic and inflationary impacts of this
Notice have been carefully evaluated in
accordance with OMB Circular A-107.
Issued at Washington, D.C., April 12,
1977.
P a t r ic ia R oberts H a r r is ,
Secretary of
Housing and Urban Development.
[FR Doc.77-12540 Filed 5-2-77:8:45 am]
DEPARTMENT OF THE INTERIOR
National Park Service
NATIONAL REGISTER OF HISTORIC
PLACES
Notification of Pending Nominations
Nominations for the following pr6per-
ties being considered for listing in the
National Register were received by the
National Park Service before April 22,
1977. Pursuant to § 60.13(a) of 36 CFR
Part 60, published in final form on Janu­
ary 9, 1976, written comments concern­
ing the significance of these properties
under the National Register criteria for
evaluation may be forwarded to the
Keeper of the National Register, Na­
tional Park Service, U.S. Department of
the Interior, Washington, D.C. 20240.
Written comments or a request for addi­
tional time to prepare comments should
be submitted by May 13, 1977.
J e r r y L. R ogers ,
Chief, Office of Archeology
and Historic Preservation.
 NOTICES 22409

ARIZONA Washington County 80 Stat. 16 U.S.C. 470 et seq. (1970 ed.).

KeedysvlUe vicinity, B & O Bridge, NW of and the procedures o f the Advisory
Yavapai County
Keedysville over Antietam Creek. Council on Historic Preservation, 36
Poland vicinity, Poland Tunnel, W o f Poland CFR Part 800.
off AZ 69. NEW JERSEY J e r r y L. R ogers ,
CALIFORNIA Bergen County Chief, Office of Archeology
Alameda County Ridgewood Vicinity, Zabriskie, Albert J., and Historic Preservation.
Oakland, Peralta, A n ton io Maria, House, 2465 Farmhouse, E. 37 Ridgewood Ave. The following properties have been
34th Ave. Warren County added to the National Register since
E l Dorado County Oxford, Oxford Furnace, Belvidere and Wash­ April 5, 1977. National Historic Land­
Placerville, Episcopal Church o f O ur Savior, ington Aves. marks are designated by NHL; proper­
2979 C'oloma St. NEW YORK ties recorded by the Historic American
Buildings Survey are designated by
Monterey County Chemung County
HABS; and properties recorded by the
Monterey, M erritt, Josiah, Adobe, 386 Pacific Elmira, Park Church, 208 W. Gray St. Historic American Engineering Record
St. 1 Warren County are designated by HAER.
San Mateo County
Glens Falls, Sherman House, 380 Glen St. ALABAMA
Portola Valley, O ur Lady o f the Wayside,
930 Portola Rd. NORTH CAROLINA Lawrence County
Santa Clara County Buncombe County Courtland vicinity, Wheeler, Joseph, Planta­
Asheville, M ontford Area H istoric D istrict, tion, E o f Courtland off AL 20 (4-13-77)
San Jose, St. Joseph’s Roman Catholic
irregular pattern along Montford Ave. HABS.
Church, Market and San Fernando Sts.
Marengo County
Tulare County PENNSYLVANIA
Demopolls, Curtis House, 510 N. Main
Visalia, The Pioneer, 27000 S. Mooney Blvd. Carbon County
(4-11-77).
Ventura County Jim Thorpe, Old Mauch Chunk Historic Dis­ ARKANSAS
trict, Broadway, Susquehanna, Race, and
Ventura, Bard, Elisabeth, Memorial Hospital, Clay County
High Sts.
121 N. F ir St.
Huntingdon County Success, Waddle House, S. Erwin (3-28-77).
KANSAS Cleveland County
Marklesburg vicinity, Brumbaugh Home­
Bourbon County stead, NE o f Marklesburg off PA 26. Rison, Cleveland County Courthouse, Main
Fort Scott, Moody Building, 15 E. 2nd St. York County and Magnolia (4-11-77).
Chase County Wellsville, Wellsville Historic D istrict, PA 74. Monroe County
Cottonwood Falls, Cartter Building, 303 Clarendon, Monroe County Jail, 2nd and
RHODE ISLAND Kendall (4-11-77).
Broadway.
Cottonwood Falls, Chase County National Providence County
Pulaski County
Bank, 301 Broadway. Providence, Providence-B iltm ore Hotel, 11
Little Rock, Bruner House, 1415 Cantrell Rd.
Jackson County Dorrance St. (4-11-77).
Holton, State Bank o f Holton, 4th and Penn­ TENNESSEE CALIFORNIA
sylvania Ave. Clay County B u tte County
Whiting, Shedd and Marshall Store, 3rd and
Whiting Sts. Celina, Clay County Courthouse, T N 52. Chico, Allen-Som m er-Gage House, 410 Nor­
mal St. (4-13-77).
Leavenworth County Franklin County
Los Angeles County
Leavenworth, Angell, A. J., House, 714 S. Old Salem vicinity, Mann, R. N., House, N
Broadway. o f Old Salem off U.S. 64. Los Angeles, Watts Towers o f Sim on Rodia,
1765 E. 107th St. (4-13-77).
M itch e ll County WASHINGTON Pearland vicinity, L ittle Rock Creek Dam,
Beloit, M itch ell County Courthouse, Main St. WA San Juan County 4.5 mi. S o f Pearland off CA 138 (4-15-77).
and Hersey Ave. Santa Monica, Horatio West Court, 140 H ol­
East Sound vicinity, Rosario, 8 o f East lister Ave. (4-11-77) HABS.
MARYLAND Sound, Orcas Island.
Orange County
Baltimore (independent city) [F R Doc.77-12330 Filed 5-2-77;8:45 amj
Santa Ana, Howe-Waffle House and Carriage
Baltimore Equitable Society, 21 N. Eutaw St. House, Sycamore and Civic Center Dr.
Baltimore County NATIONAL REGISTER OF HISTORIC (4-13-77).
Brooklandville vicinity, Bro'oklandville PLACES San Francisco County
House, S o f Brooklandville at Falls and Additions, Deletions, and Corrections San Francisco, M ills Building and Tower, 220
Hillside Rds. Montgomery St. and 220 Bush St.
Lansdowne, H u ll Memorial Christian Church, By notice in the F ederal R eg ister of (4-13-77).
101 Clyde Ave. February l, 1977, Part IX . there was
published a list of the properties includ­ Santa Clara County
Harford County
ed in the National Register of Historic Los Altos vicinity, Griffin, Willard, House and
Aberdeen vicinity, G riffith House, 1120 Old Places. Further notice is hereby given Carriage House, 12345 S. El Monte Ave.
Philadelphia Rd. that certain amendments or revisions in (4-13-77).
Bel Air vicinity, Thomas R un Church, NE o f Santa Clara, Morse, Charles Copeland, House,
Bel Air off MD 136.
the nature of additions, deletions, or cor­
rections to the previously published list 981 Fremont St. (4-13-77). ~
Howard County Santa Crus County
are adopted as set out below.
Elllcott City vicinity, Elm onte, N of Ellicott I t is the responsibility of all Federal Scotts Valley, Scott, Hiram D., House, 4603
City at Mt. Hebron Dr. and MD 99. Scotts Valley Dr. (4-13-77).
agencies to take cognizance o f the prop­
Queen Annes County erties included in the National Register COLORADO
Church Hill, St. Luke’s Church, Jet. o f MD as herein amended and revised in ac­ Eagle County
213 and MD 19.
Wye Mills vicinity, W ilton, 0.5 mi. N o f Wye
cordance with section 106 of the Na­ McCoy vicinity, Waterwheel, SE o f McCoy
Mills on MD 213. ' tional Historic Preservation Act of 1966, at Colorado River (4-11-77).

FEDERAL REGISTER, VOL. 41 , NO. 85— TUESDAY, MAY 3 , 1977

 22410 NOTICES
E l Paso County Polk County Lexington, Chandler, Gen. Samuel, House 8
Manitou Springs, M iram ont ( Francoion’s Des Moines, Maish House, 1623 Center St., Goodwin Rd. (4-13-77).
Castle), 9 Capitol HUI (4-11-77). (4-11-77). Lowell, Holy Trinity Greek Orthodox Church
Scott County Lewis St. (4-13-77). ’
DELAWARE
New Castle County Davenport, Ambrose Hall, 518 W. Locust MICHIGAN
(4-11-77). Berrien County
New Castle vicinity, Swanwyck, 65 Landers Sioux County
Lane (3-17-77) HABS. Buchanan vicinity, , Moccasin B luff Site
Odessa vicinity, Hell Island Site, S o f Odessa Orange' City, Sioux County Courthouse, off (4-13-77).
(4-13-77). IA 10 (4-11-77).
St. Clair County
Sussex County . Winneshiek County
Port Huron, Grand Trunk Western Railroad
Lewes, Coleman House, 422 Kings Highway Decorah vicinity, Horn House, N W o f De­ Depot, 520 State St. (4-13-77).
(4-11-77). corah (3-25-77).
GEORGIA Tuscola County
KANSAS
Chatham County Vassar, North, Townsend, House, 325 N. Main
Leavenworth County (4-13-77).
Savannah, Hodgson, W. B., Hall, 501 Eastern vicinity, Biehler Bam, 2.5 mi. N o f
Whitaker St. (3-25-77). Washtenaw County
Easton (4-11-77).
Ypsilanti, Starkweather Religious Center, 901
Cobb County Pottawatomie County W. Forest (4-13-77).
Marietta, Glover—McLeod—Garrison House, Olsburg, Coffey Site, N o f Olsburg (4-11-77). MINNESOTA
250 Garrison Rd., SE (3-25-77).
KENTUCKY Douglas County
F u lton County Henry County Alexandria, Nelson, Knute, House, 420 12th
Atlanta, Nicolson, W illiam P., House, 821 Ave,. SE (4-13-77).
New Castle, Henry County Courthouse, Jail,
Piedmont Ave. (3-25-77). and Warden’s House, Courthouse Sq. (4— Faribault County
Atlanta, Sweet Auburn Historic D istrict, 11-77).
Auburn Ave. (12-8-76) NHL. Mercer County Blue Earch, Faribault County Courthouse, N.
Main and 2nd Sts. (4-11-77).
Oglethorpe County Harrodsburg vicinity, Taylor, Capt. Samuel,
House ( Bachelor’s B a rter), NE o f Harrods­ Goodhue County
Lexington, Lexington H istoric D istrict, U.S.
78 (4-13-77). burg on Chatham Pike (4-13-77). Red Wing vicinity, Tower View, W. o f Red
INDIANA S cott County Wing in U.S. 61 X4-13-77).
Fayette County Georgetown vicinity, Blackburn, Julius, Jackson County
Connersville vicinity, Elm hurst, S o f Con- House, W o f Georgetown off U.S. 460 Jackson, Jackson County Courthouse, bound­
nersville on IN 121 (4-11-77) HABS. (4-14-77). ed by Sherman, W. Ashley, 4th and 5th Sts.
Taylor County (4-13-77).
Marion County
Campbellsville vicinity, Cowherd, Jonathan Kanabec County
Indianapolis, Bates-Hendricks House, 1526 S. Jr., House, W o f CampbellsvUle off K Y 70
New Jersey St. (4-11-77) HABS. (4-11-77). Mora, Kenabec County Courthouse, Maple
Indianapolis, Hollingsworth House, 6054 LOUISIANA and Vine Sts. (4-11-77).
Hollingsworth Rd. (4-13-77). Lin coln County
Ascension Parish
IOWA Donaldsonville vicinity, Palo A lto Plantation, Lake Benton, Lake Benton Opra House, Ben­
W o f Donaldsonville on LA 1 (4-13-77). ton St. between Fremont and Center Sts.
Allamakee County (3-25-77).
Waukon, Allamakee County Courthouse, DeSoto Parish
M ille Lacs County
107 Allamakee St. (4-11-77). International Boundary Marker. Reference—
see Panola County, TX. Milaca, M ille Lacs County Courthouse, 5th
Clayton County Ave., SE and 2nd St, SE (3-25-77).
Orleans Parish
Elkader, Schmidt House, 101 Oak St., NW Murray County
(3-25-77). New Orleans, Julia Street Row, 602-646 Julis
Gam avillo, First (¡ongregational Church, St. (3-28-77). Slayton, Murray County Courthouse, Main
Washington St. (3-25-77). and 7th Sts. (4-13-77).
MAINE W right County
Dubuque County Washington County
Cokato, Akerlund, August, Photographic Stu­
Dubuque, Rath, Johann Christian Frederick, . Cherryfield, Campbell, Gen. Alexander, dio, 390 Broadway Ave. (4-11-77).
House, 1204 Mt. Loretta Ave. (4-11-77). House, Campbell Hill (4-13-77).
MISSISSIPPI
Howard County MARYLAND Alcorn County
Lime Springs, Lim e Springs M ill Complex, Baltimore (independent city) Corinth, Battery Williams, Fulton Dr. at
SR 157 (4-11-77). Southern Railroad (4-11-77).
U.S. Post Office and Courthouse, 111 N. Cal­
Jefferson County vert St. (3-25-77). Warren County
Talbot County Vicksburg, Sprague, Vicksburg Harbor
Fairfield vicinity, New Sweden Chapel, E of
Fairffeld off U.S. 34 (3-25-77). St. Michaels vicinity, Sherwood Manor, 4 mi. (4-15-77).
N o f St. Michaels on MD 451 (4-5-77). NEBRASKA
Johnson County
Worcester County Cass County
Coralville, Coralville Union Ecclesiastical
Church, 405 2nd Ave. (4-11-77). Showell vicinity, St. Martins Church, 1 mi. S Elmwood, The Elms ( Bess Streeter Aldrich
of Showell at jet. o f U.S. 113 and MD 589 House), off NE 1 (3-24-77).
Kalona vicinity, St. John's Lutheran Church, (4-13-77).
N o f Kalona (4-5-77). Murray vicinity, Naomi In stitute, 3 mi. E
of Murray (3-24-77).
Madison County MASSACHUSETTS
Gage County
Winterset vicinity, N orth River Stone Essex County
Filley vicinity, Filley, Elijah, Stone Bam, S
Schoolhouse, N o f Winterset off U.S. 169 Lawrence, Great Stone Dam, Merrimack River o f Filley off U.S. 136.
(4-11-77). and MA 28 (4-13-77).
NEW HAMPSHIRE
O’Brien County Middlesex County Grafton County
Sheldon, Carnegie Library, 321 lOst St., Bedford vicinity, Bacon-Gleason-Blodgett
(4-11-77). Woodsville, Haverhill—Bath Covered B r id g e ,
Homestead, 118 Wilson Rd. (4-14-77). NH 135 (4-18-77).

FEDERAL REGISTER, VQL. 42, NO. 85— TUESDAY, MAY 3 , 1977

 NOTICES 22411

NEW JERSEY Brown County PENNSYLVANIA

Essex County Decatur vicinity, S u tton House, 0.3 mi. E of Allegheny County
Decatur on OH (3-25-77).
Newark, Cathedral o f the Sacred Heart, 89 East Pittsburgh, Westinghouse, George,
Ridge St. (12-22-76). B utler County Memorial Bridge, UJS. 30 at Turtle Creek
(3-28-77).
Middlesex County Hamilton vicinity, Hughes, Ph illip , House, E
Bucks County
o f Hamilton at jet., o f OH 4 and OH 747.
New Brunswick, Buccleuch Mansion, 200 Shandon, Thomas Select School, 3637 M ill- Wrights town, Sm ith, William, House, Mud
College Ave., Buccleuch Park (4-13-77) ville-Shandon Rd. (4-11-77). and Penns Park Rd. (4-13-77).
HABS. Carroll County
Monm outh County B utler County
Waynesburg vicinity, St. Mary’s o f Morges,
Atlantic Highlands, Alexander H am ilton Zelienople, Passavant House, 243 S. Main St.
8012 Bachelor Rd., N W (4-11-77).
(Steamship), off NJ 36 3-25-77). . (4-11-77K
Clerm ont County Centre County
Morris County
Mt. Olive vicinity, W inter, W illiam, Stone Bellefonte, Brockerhoff Hotel, High and
Mountain Lakes, Grimes Homestead, 45 House, N of Mt. Olive on OH 133 (3-25-77). Allegheny Sts. (4-11-77).
Bloomfield Ave. (4-1-77). Bellefonte vicinity, Logan Furnace Mansion,
Cuyahoga County 3 mi. S o f Bellefonte on PA 144 (4-11-77).
NEW YORK Independence, Independence Presbyterian Boalsburg, H ill House (Col. James Johnston
Livingston County Church, U.S. 21 (4-13-77). House), Tennis St. (3-28-77).
Lakewood, Honam, John, House, 14710 Lake Centre Hall vicinity, Neff, Maj. John, Home­
Livonia, Livonia Baptist Church, 9 High St. Ave. (4-13-77) HABS. stead, SW of Centre Hall (4-11-77).
(3-25-77). Stormstown, Elder, Abraham, Stone House/
Darke County
Nassau County Tavern, PA 550 (4-13-77).
Greenville, Beir, Anna, House, 214 E. 4th St.
Manhasset vicinity, Valley Road Historic Crawford County
(4r-U-77).
D istrict, S of Manhasset on Community Defiance County Meadville, Mosier, Dr. J. R., Office, Terrace
Dr. (4-8-77). St. (3-28-77).
Defiance, Riverside Chapel, S. Clintoft St. in
Saratoga County Riverside Cemetery (4-11-77). Cumberland County
Hadley, Hadley Parabolic Bridge, Corinth Rd. Dickinson vicinity, Pine Grove Furnace, S of
Delaware County
(3-25-77). Dickinson on PA 233 (4-13-77).
Westchester County Harlem vicinity, Cook, John, Farm, E o f Har­
lem at Miller Paul Rd. and Gorsuch Rd. Delaware County
Ardsley-on-Hudson, Nuits, Hudson Rd. and . (4-11-77) . Westchester vicinity, Thompson Cottage, SE
Clifton PI. (4-13-77). o f Westchester on Thornton Rd. (4-13-77).
Fairfield County
NORTH CAROLINA Franklin County
Bladen County Pickerington vicinity, Blacklick Covered
Bridge, 3.5 mi. NW o f Pickerington (4-11- Chambersburg vicinity, Gass House, E o f
Tar Heel vicinity, Pu r die House and Purdie 77). Chambersburg off U.S. 30 (4-11-77).
Methodist Church, 2.8 mi. E of Tar Heel (4- Franklin County Montgomery County
13-11).
Buncombe County Westerville vicinity, Osborn, Charles S., 5785 Schwenksville vicinity, Sunrise M ill, 3 mi. W
Cooper Rd. (3-28-77). o f Schwenksville on Neiffer Rd. (4-11-77).
Asheville, S and W Cafeteria, Patton Ave. (3 -
28-77). Ham ilton County Northumberland County
Northam pton County Milton, M ilto n Freight Station, 90 Broadway
Cincinnati, Bepler, August, House ( Holly
Jackson, N ortham pton County Courthouse (4-13-77).
R id ge), 805 Tusculum Ave. (4-13-77).
Square, Jefferson St. between Atherton and Cincinnati, Episcopal Church o f the Resur­ Philadelphia County
Brown Sts. (4-11-77). rection , 7346-48 Kirkwood La. (4-13-77).
Philadelphia, Eyre, Wilson, House, 1003
Wake County Cincinnati vicinity, Williams, W. L., House,
Spruce St. (4r-13-77).
280 Anderson Ferry Rd. (3-25-77).
Raleigh, Polk, Leonidas L., House, 612 N. Newtown and vicinity, Perin Village Site, off Wyoming County
Blount St. (4-13-77). OH 32 (3-25-77).
Wayne County Nicholson vicinity, Tunkhannock Viaduct,
Lawrence County 0.5 mi. E o f Nicholson at Tunkhannock
Goldsboro, Goldsboro Union Station, 101 Creek (4r-ll-7 7 ).
North Carolina St. (4-13-77). Chesapeake vicinity, Maplewood, W of Chesa­
peake on Maplewood La. (4-13-77). PUERTO RICO
NORTH DAKOTA
Licking County Guanica vicinity, Faro de Guanica, S of
T ra ill County Guanica (3-28-77).
Newark, Chapel H ill Cemetery Buildings,
Hatton, -Eielsori, Carl Ben, House, 405 8th St.
Cedar St., Chapel Hill Cemetery (4-13-77). RHODE ISLAND
(4-11—77).
Mayville, Mayville P ublic Library, Center Ave. Montgomery County Providence County
N. (4-11-77).
Mayville, Robinson, Col. W illiam H., House, Dayton, Brown, Samuel N., House, 1633 Providence, St. Michael’s Roman Catholic
127 4th Ave., NE (4r-ll-77). Wayne Ave. (4-11-77). Church, Convent, Rectory, and School, 251
Dayton, Gottschall, Oscar M., House, 20 Liv­ Oxford St. (3-25-77).
Wells County
ingston Ave. (4-11-77).
Fessenden, Beiseker Mansion, 2nd St. and Germantown vicinity, K oehne+Poast Farm, SOUTH DAKOTA
Roberts Ave. (4-13-77). W o f Germantown off OH 725 (4-11-77). Minnehaha County
Hurdsfleld vicinity, Hurd Round House, 7 mi.
SE o f Hurdsfleld (4^11-77). Muskingum County Sioux Falls, Augustana College Historic
Zanesville vicinity, Five M ile House, S o f Buildings, 29th and S. Summit Sts. (3 -
OHIO 25-77).
Zanesville off U.S. 22 (4-11-77).
Adams County
Seaman vicinity, Wilson, John T., Homestead, Pennington County
OKLAHOMA
NE o f Seaman on OH 32 (4-11-77), H ill City, Harney Peake Hotel, U.S. 16 (4 -
Le Flore County
Ashland County 11-77).
Cameron vicinity, Reynolds, James E., House, H ill City, Von Woehrmann Building, U.S. 16
Ashland vicinity, Anderson Schoolhouse, SW (4-13-77).
E o f Cameron off OK 112 (4-13-77).
of Ashland on U.S. 42 (3-25-77).
Oklahoma County Walworth County
Athens County
Oklahoma City, St. Paul’s Cathedral, 127 Mobridge, Mobridge Masonic Temple, 6th
Truetown vicinity, Jtidw ell Covered Bridge,
1 mi. N o f Truetown (4-11-77). N W 7th St. (4-11-77). and Main Sts. (3-25-77).

FEDERAL REGISTER, V O L 42, NO. 85-«-TUESDAY, MAY 3 , 1977

22412 NOTICES
TENNESSEE Windham County L in n County
Montgomery County Townshend vicinity, Simpsonville Stone Arch Trading Post vicinity, Marais des Cygnes
Clarksville, Rexinger, Samuel, House, 703 E. Bridge, N o f Townshend on V T 35 Massacre Site, 5 mi. NE of Trading Post (6-
College St. (4-13-77). (4-11-77). 21-71) NHL.

TEXAS VIRGINIA LOUISIANA

Bosque County Fairfax County Natchitoches Parish
Meridian, Bosque County Courthouse, Public Great Falls vicinity, Cornwell Farm, SE of Melrose, Melrose Plantation (Y ucca ) , L A 119
Sq. (4-13-77). Great Falls, 9414 Georgetown Pike off LA 493 ( 6-13-72) NHL; HABS; G.
(4-13-77).
Culberson County MAINE
Richm ond County
Toyah vicinity, Granado Cave, 36.6 mi. W of Aroostook County
Toyah (3-25-77). Famham vicinity, Linden Farm, N o f Fam -
ham on VA 3 (4-13-77). Fort Kent vicinity, F ort Kent, 0.75 mi. SW of
El Paso County Fort K ent off ME 11 (12-1-69) NHL.
WASHINGTON
El Paso vicinity, Doyle, Sgt., Site, 4 mi. NE Kennebec County
o f El Paso (4-11-77). K ittita s County
Augusta, F ort Western, Bowman St. (12-2-
H ill County Ellensburg vicinity, Springfield Farm, 9 mi. 69) NHL; HABS.
N of Ellensburg (4-13-77).
Itasca vicinity, Turner, Joe E., House, 3 mi. MARYLAND
E of Itasca on SR 934 (4-13-77) HABS. WEST VIRGINIA Prince Georges County
Hopkins County Greenbrier County
RosaryviUe vicinity, His Lordship’s Kindness,
Sulphur Springs, Hopkins County C ourt­ Lewisburg vicinity, Morlunda (Col. Samuel 3.5 mi. W o f Rosary ville (4-15-70) NHL;
house, Church and Jefferson Sts. (4-11- McClung Place), NW o f Lewisburg on SR G.
77). 40 (3-25-77).
Johnson County MASSACHUSETTS
R io Vista vicinity, Hart, Meredith, House, WISCONSIN Suffolk County
E o f R io Vista on SR 916 (4-13-77). Milwaukee County Boston, Massachusetts Historical Society
Panola County Milwaukee, German-English Academy, 1020 Building, 1154 Boylston St. (10-15-66)
N. Broadway (4-11-77). NHL.
Deadwood vicinity, International Boundary Milwaukee, -Schlitz, Joseph, Brewing Com­ Boston, Old South Church in Boston, 645
Marker, SE of Deadwood off SR 31 at LA Boylston St. (12-30-70) NHL.
pany Saloon, 2414 S. St. Clair St. (4-11-77).
State line (4-13-77).
Parker County Rock County MONTANA
Beloit, H anch ett-B a rtlett Farmstead, 2149 St. Powell County
Tin Top vicinity, Tin Top Suspension Bridge,
Lawrence Ave. (4-11-77). Deer Lodge, Montana Territorial and State
2 mi. S o f Tin Top on SR 1884 (3-25-77).
Janesville vicinity, LaPrairie Grange Hall No. Prison, 925 Main St. (9-3—76) (county
Presidio County 79, SE o f Janesville on Town Hall Rd. correction).
(4-11-77).
Redford vicinity, Tapalcomes, S o f Redford
(3-25-77). * * * * * NEBRASKA
The following is a list of corrections to Otoe County
Bains County
properties previously listed in the F ed ­ Nebraska City vicinity, Arbor Lodge (J. Ster­
Emory vicinity, Gilbert Site, 3 mi. N o f Emory eral R e g is t e r : ling M orton House), W o f Nebraska City
(4-13—77). on Arbor Lodge State Park (4-16-69)
Emory vicinity, Boons Site, 3 mi. N o f Emory CALIFORNIA NHL; G.
(4-13-77).
Emory vicinity, Yandell Site, N o f Emory Mariposa County Scotts Bluff County
(4-13-77). Curry Village, Le Conte Memorial Lodge, Y o - Gering vicinity, Robidoux Pass, 9 mi. W of
San Augustine County semlte Valley, Yosemite National Park (3 - Gering (10-15-66) NHL.
8-77).
San Augustine vicinity, Garrett, William, NEW JERSEY
Plantation House, 1 mi. W o f San Augus­ GEORGIA Union County
tine on TX 21 (3-25-77) HABS.
Floyd County
Elizabeth, Boxwood Hall (B oudinot Man­
Tarrant County sion) , 1073 E. Jersey St. (12-18-70) NHL;
Rome, Chieftains, 80 Chatillon Rd. (4-7-71)
Fort'W orth, Texas & Pacific Steam Locom o­ NHL; G. HABS.
tive #610, Felix and Hemphill Sts. (3- NEW YORK
25-77). Wilkes County
Albany County
Wood County Washington, Toombs, Robert, House, 216 E.
Robert Toombs Ave. (4-11-72) NHL; Watervliet, Watervliet Arsenal, S. Broadway
Alba vicinity, Sadler Site, N o f Alba (4—13- HABS; G. (11-13-66) NHL.
77).
Quitman vicinity, Howie Site, W o f Quitman Columbia County
IDAHO
(4-13-77). Germantown, Clermont, Clermont State
Bannock County
Zapata County Park (2-18-71) NHL; HABS.
San Ygnacio vicinity, San Francisco Ranch, Fort Hall vicinity, F ort Hall, 11 mi. W. o f Greene County
1 mi. N of San Ygnacio (3-25-77). Fort Hall, Fort Hall Indian Reservation
(10-15-66) NHL. Catskill, Cole, Thomas, House, 218 Spring St.
(10-15-66) NHL.
UTAH
ILLINOIS Nassau County
Sevier County
Cook County Westbury vicinity, Old Westbury Gardens
Joseph vicinity, Parker, Joseph W illiam ,
Farm, 2.5 mi. NE o f Joseph (3-25-77). Chicago, Auditorium Building, Roosevelt (Phipps Estate), 71 Old Westbury Rd. (11-
University, Michigan Ave. and Congress St. 8-76).
VERMONT (4-17-70) NHL; HABS; G. New York County
Addison County New York, Metropolitan Savings Bank (First
KANSAS Ukrainian Assembly o f God) , 9 E. 7th St.
Orwell vicinity, Orwell Site (4-11-77).
Douglas County (12-12-76).
Rutland County
Lecompton, C onstitution Hall, Elmore St. Oneida County
, »
Poultney, Poultney Central School, Main St. between Woodson and 3rd Sts. (5-14-71) Utica, Conkling, Roscoe, House, 3 Rutger St.
(3-25-77). NHL. (5-15-75) NHL.

FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, M AY 3 , 1977


Orange County
West Point, V.S. M ilitary Academy { West
P o in t), N Y 218 (10-16-66) NHL.
OHIO
Cuyahoga County
Cleveland, Cleveland Arcade, 401 Euclid Ave.
(3-20-73) NHL; HABS.
PENNSYLVANIA
Bucks County
New Hope vicinity, Honey Hollow Watershed,
2.6 ml. S o f the Delaware River on PA 263
(8-4-69) NHL.
Philadelphia County
Philadelphia, M other Bethel A.M.E. Church,
419 6th St. (3-16-72) NHL; G.
Philadelphia, Music Fund Hall, 808 Locust St.
(3-11-71) NHL.
SOUTH CAROLINA
Beaufort County
Beaufort, Beaufort H istoric D istrict, bounded
by the Beaufort River, Bladen, Hamar, and
Boundary Sts. (12-17-69) NHL; HABS.
Charleston County
Charleston, Fireproof Building, 100 Meeting
St. (7-29-69) NHL; HABS; G.
Charleston, Market Hall and Sheds, 188 Meet­
ing St. (6-4-73) NHL.
Charleston, Russell, Nathaniel, House, 61
Meeting St. (8-19-71) NHL; HABS.
Charleston, Simmons-Edwards House, 12-14
Legare St. (1-25-71) NHL; HABS.
Charleston, Stuart, Col. John, House, 104-106
Tradd St. (10-22-70) NHL; HABS.
Mt. Pleasant vicinity, Snee Farm, 6 mi. W of
Mt. Pleasant off U.S. 17 (4-13-73) NHL.
Georgetown County
Georgetown vicinity, Hopsewee ( Thomas
Lynch H ouse), 12 mi. S. o f Georgetown on
U.S. 17 (1-25-71) NHL.
Greenwood County
Ninety Six vicinity, Old Ninety Six and Star
Fort, 2 mi. S. o f Ninety Six between SC 248
and 27 (12-3-69) NHL; G.
Lancaster County
Lancaster, Lancaster County Courthouse, 104
N. Main St. (2-24-71) NHL.
« Richland County
Columbia, First Baptist Church, 1306 Hamp­
ton St. (1-25-71) NHL.
Columbia, South Carolina State Hospital,
Mills Building, 2100 Butt St. (11-7-73)
NHL.
* Sum ter County
Pinewood vicinity, M ilford Plantation, W of
Pinewood on SC 261 (11-19-71) NHL.
TEXAS
Travis County
Austin, Governor’s Mansion, 1010 Colorado
St. (8-25-70) NHL.
VIRGINIA
Bedford County
Lynchburg vicinity, Popular Forest, S of Jet.
o f Rtes 661 and 460 (11-12-69) NHL;
HABS.
Carolinè County
Port Royal vicinity, Camden, N of jet. of Rte
686 and U.S. 17 (11-12-69) NHL; HABS.
Charles City County
Hopewell vicinity, Shirley, 5 mi. N o f Hope-
well off VA 608 (10-1-69) NHL; HABS.
FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, MAY 3, 1977
NOTICES
Clarke County
Boyce vicinity, Saratoga, SE of jet. of Rtes.
723 and 617 (2-26-70) NHL; HABS.
Goochland County
Man akin vicinity, Tuckdhoe, SE o f Manakin
near jet. o f Rtes 650 and 647 (11-22-68)
NHL.
Halifax County
South Boston vicinity, Berry H ill, S o f jet. of
Rtes 659 and 682 (11-25-69) NHL; HABS.
VIRGINIA
James City County
Williamsburg vicinity, Carter’s Grove, SE of
Jet. o f R te 667 and U.S. 60, (11-12-69)
NHL;-HABS.
K in g W illiam County
Tunstall vicinity, Elsing Green, SW o f jet. of
. SR 632 and 623 (11-12-69) NHL; HABS.
Loudoun County
Leesburg vicinity, Oatlands, S o f jet. of Rtes
15 and 651 (11-12-69) NHL; G.
Portsm outh (independent city)
Dry dock No. 1, Norfolk Naval Shipyard (11-
11-71) NHL.
Prince George County
Brandon vicinity, Brandon, W bank o f the
James River on Rte 611 (11-12-69) NHL;
HABS.
Richm ond (independent city)
City Hall, bounded by 10th, Broad, 11th and
Capitol Sts. (10-1-69) NHL.
Egyptian Building, E. Marshall and College
Sts. (4-16-69) NHL.
M onum ental Church, 1224 E. Broad St. (4 -
16-69) NHL; G.
Richm ond County
Ethel vicinity, Menokin, NW o f Jet. of Rtes.
690 and 621 (10-1-69) NHL; HABS.
»
WISCONSIN
Fond du Lac County
Ripon, L ittle W hite Schoolhouse, SE cor­
ner o f Blackburn and Blossom Sts. (8-14— Grand Canyon National Park, Old Post Office.
73) NHL; HABS.
* * * _* •
The following properties were omitted
from the February 1, 1977, listing of
properties in the F ederal R e g ister .
PENNSYLVANIA
Allegheny County
Bruceton vicinity, Experimental Mine, S of
Bruceton off Cochran M ill Rd. (10-18-77).
Crawford County
Prairie du Chien, Dousman Hotel, Water St.
(10-15-66) NHL.
* * * * ' *
‘ The following properties have been
determined to be eligible for inclusion in
the National Register. All determina­
tions of eligibility are made at the re­
quest o f the concerned Federal Agency
under the authorities in section 2(b) and
1X3) of Executive Order 11593 as imple­
mented by the Advisory Council on His­
toric Preservation, 36 CFR Part 800. This
listing is not complete. Pursuant to the
authorities discussed herein, an Agency
Official shall refer any questionable ac­
tions to the Director, Office of Archeology
and Historic Preservation, National Park
Service, Department of the Interior, for
an opinion respecting a property’s eligi­
22413
bility for inclusion in the National Reg­
ister.
Historical properties which are deter­
mined to be eligible for inclusion in the
National Register of Historic Places are
entitled to protection pursuant to sec­
tion 106 of the National Historic Preser­
vation Act of 1966, as amended, and the
procedures of the Advisory Council on
Historic Preservation, 36 CFR Part 800.
Agencies are advised that in accord With
the procedures of the Advisory Council
on Historic Preservation, before an
agency of the Federal Government may
undertake any project which may have
an effect on such a property, the Advisory
Council on Historic Preservation shall be
given an opportunity to comment on the
proposal.
ALABAMA
Green County
Gainesville vicinity. Archeological Sites in
Gainesville Project. Tombigbee Waterway
(also in Pickens and Sumter counties).
Jefferson County
Site lJe36. Project 1-459-4(4).
Madison County
Huntsville, Lee House, Red Stone Arsenal.
Maricopa County
Site U :l:30 ( ASU).
Site V:l:31 (A S U ).
Washington County
Sunflower vicinity, Dr. Williams Home, AL
project RF—98(7).
ALASKA
Nome Division
Little Diomede Island, Iyapana, John House.
Sitka Division
Crab Bay, Crab Bay Petroglyph.
ARIZONA
Apache County
Conconino County
Gray M ountain Site, ( AR-02-020-946).
House Rock Springs, Upper Houserock Valley.
Paria Plateau Archeological D istrict.
Graham County
Foote Wash— No name Wash' Archeological
D istrict. ^
Maricopa County
Beth Israel Synagogue, 120 E. Culver.
Cave Creek Archeological D istrict.
Glendale vicinity, Cave Creek Dam.
New River Dams Archeological D istrict.
Phoenix, Brooks, M. B., House, 334B 75th Ave.
Phoenix, Ellis-Shackleford House, 1242 N.
Central.
Phoenix, Evans Barn, 67th Ave., between Van
Buren and McDowell.
Phoenix, Fennemore House, 501 E. Moreland.
Phoenix, Hidden-Porcher House, 763 E. More­
land.
Phoenix, Ivy House, 111 W. Monroe St.
Phoenix, Kenilw orth Elementary School, 1210.
N. 5th Ave.
Phoenix, Stewart House, 1115 N. Central.
Site T:4:6.
Site U :l:30 (A.S.U.).
Site U :l:31 ( A.S.U.).
Skunk Creek Archeological D istrict.
Mohave County
Colorado City vicinity, Short Creek Reser­
voir States NA 13,257 and NA 13,258.
22414 NOTICES
Navajo County Inyo County San Diego County
Polacca vicinity, Walpi Hopi Village, adjacent Scotty’s Castle, Death Valley National Monu­ North Inland, Camp Howard, U.S. Marine
to Polacca. *• ment. Corps, Naval Air Station.
Pim a County Scotty’s Ranch, Death Valley National Monu­ North Island, Rockwell Field, Naval Air
ment. Station.
Tucson, Convento Site. The Twenty Mule Team Borax Wagon Road San Diego,' Marine Corps Recruit Depot, Bar­
(also in Kern and San Bernardino coun­ nett Ave.
Yavapai County ties) .
Copper Basin Archeological D istrict, Prescott Kern County San Francisco County
National Forest. Site Ca-Ker-322. San Francisco, Twin Peaks Tunnel.
Yuma County San Luis Obispo County
Lassen County
Eagle Tail Mountains Archeological Site. New Cuyana vicinity, Caliente M ountain A ir­
Yuma, Southern Pacific Depot. Archeological Site HJ-1 and HJ-5. craft Lookout Tower, 13 mi. NW o f New
Los Angeles County Cuyana off Rte. 166.
ARKANSAS San Luis Obispo, San Luis Obispo Lig h t Sta­
Archeological Sites, Black River Watershed. Big Tuijunga Prehistoric Archeological Site, tion.
I 210 Project. San Mateo County
Clay County Los Angeles, Fire Station No. 26, 2475 W.
Washington Blvd. Hillsborough; P o in t Montara L ig h t Station.
Site 3CY34, L ittle Black River Watershed.
Simi Valley, Archeological Site Ven-341. Santa Barbara C ounty
Faulkner County Van Norman Reservoir, Site C A-LAN 646, C A -
. LA N 643, Site C A -LA N 490, and a cluster Santa Barbara, Site SBa-1330, Santa Monica
Site 3WH145, E fork o f Cadron Creek Water­ Creek.
shed (also in W hite cou n ty). made up o f Sites CA-LAN, 475, 491, 492,
and 493. Site CA-Sba-1325.
Sites 3VB49-3VB51, N fork Cadron Creek
Madera County Santa Clara County
Watershed.
Bass Lake Archeological Sites Sunnyvale, Theuerkauf House, Naval Air
Hempstead County Station, Moffett Field.
CA-M AD 176-185.
Archeological Sites in Ozan Creeks Water­ Lower China Crossing. Shasta County
shed. New Site.
Ouachita County M arin County Mineral, C om fort Station, Lassen Volcanic
National Park.
Camden, Old Post Office, Washington St.' P o in t Reyes, P. E. Booth Company Pier, Point Mineral, Park Entrance Station and Resi­
Reyes National Seashore. dence, Lassen Volcanic National Park.
CALIFORNIA Point Reyes, P o in t Reyes L ig h t Station. Mineral, Park Naturalist’s Residence, Lassen
Archeological Sites, Buchanan Dam at Chow- Volcanic National Park.
Modoc County Mineral, Warner Valley Ranger Station, Las­
chilla River.
Alpine County Alturas vicinity, Rail Spring, about 30 mi. N sen Volcanic National Park.
o f Alturas in Modoc National Forest. Redding vicinity, Squaw Creek Archeological
Woodsford vicinity, Archeological Site 4- ^Johnson Slough Site (S ite 1). Site, NE o f Redding.
Alp-105. Tulelake vicinity, Lava Bed National M onu­ Whiskeytown, Irriga tion System (165 and
Amador County m ent Archeological D istrict, S o f Tulelake 166), Whiskeytown National Recreation
(also in Siskiyou County). Area.
Amador City, 35 mi. SE o f Sacramento. Sierra County
Mono County
Benito County Archeological Site HJ-5 (Border Site 26WA-
Archeological Site CA-MNO-684. 1676).
Chalone Creek Archeological
Sites, Pinnacles National Monument. Monterey County Properties in Bass Lake Sewer Project.

Calavras County Big Sur, P o in t Sur L ig h t Station. Siskiyou County

New Melones Historical D istrict, New
Melones Lake . Project area, Stanislaus
River (also in Tuolumne County).
, Colusa County
Stoneyford vicinity, Upper and Lower Letts
Valley Historical D istrict, 12 mi. SW o f
Stoneyford.
Del Norte County
Chimney Rock, Six Rivers National Forest.
D octor Rock, Six Rivers National Forest.
Peak No. 8, Six Rivers National Forest.
El Dorado County
Site Eld-58.
Giebenhahn House and M ountain Brewery
Complex.
Fresno County
Helms Pumped Storage Archeological Sites,
Sierra National Forest.
Home Camp T.S. (6 archeological sites) in
Sierra National Forest.
Glenn County
Willows vicinity, W hite Hawk Top Site, Twin
Rocks Ridge Road Reconstruction Project.
H um bolt County
Eureka, Eureka Historic District.
Im perial County ‘ Trona Pinnacles Railroad Camp.
Giamis vicinity, Chocolate M ountain Archeo­
logical District.
Lake Cahuilla, L o t 1.
Lake Cahuilla, L o t 5.
Pacific Grove, P o in t Pinos Lig h t Station. Thom as-W right Battle Site, Lava Beds Na­
Napa County tional Monument.
Archeological Sites 4-Nap-14, 4-Nap-261. Sonoma County
Napa River Flood Control Project. Dry Creek-Warm Springs Valley Archeolog­
ical D istrict.
Plumas County Petaluma, Ferrell Home, 500 E. Washington
St. '
Mineral, Hay Barn and Cook’s Cabin, Drakes-
bad ( Sifford Fam ily) Guest House, Lassen Santa Rosa, Santa Rosa Post Office.
Volcanic National Park. Tehama County
Mineral, Sum m it Lake Ranger Station, Las­ Los Molinos vicinity, Ishi Site (Y ah i Camp),
sen Volcanic National Park. E of Los Molinos in Deer Creek Canyon.
Riverside County Tulare County
Twentynine Palms, Cottonwood Oasis ( Cot­ Atwell’s M ill, Sequoia National Park.
tonwood Springs), Joshua Tree National Cattle Cabins, Sequoia National Park.
Monument. Quinn Ranger Station.
Twentynine Palms, Lost Horse Mine, Joshua
Yuba County
Tree National Monument.
Site 4-Yub-S27 (Marysville R iverfront Park
Sacramento County P ro je c t), along the Feather River, City of
Sacramento River Bank Protection Project, Marysville.
Site 1, Sacramento River. COLORADO
Sacramento. Weir Denver County
Sacramento, Tower Bridge, M St. over Sacra­ Denver, Eisenhower Memorial Chapel, Build­
mento River (also in Y olo C ounty). ing No. 27, Reeves St., on Lowry AFB.
San Bernardino County
Douglas County
Squaw Spring Well Archeological D istrict.
Keystone Railroad Bridge, Pike National
Steam Well Petroglyph Archeological D istrict. Forest.
El Paso County
Twentynine Palms, Keys, B ill, Ranch, Joshua
Colorado Springs, Alamo Hotel, corner of
Tree National Monument. Tejon and Cucharras Sts.
Twentynine Palms, Twentynine Palms Oasis, Colorado Springs, Old E l Paso County Jail,
Joshua Tree National Monument. com er o f Vermijo and Cascade Ave.

FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, MAY 3, 1977


Larimer County
Estes Park, Beaver Meadows Maintenance
Area, Rocky Mountain National Park u til­
ity area.
Sites 5-LR-257 and 5-LR-263, Boxelder
Watershed Project.
Pueblo County
Pueblo, Pueblo Federal Building (U.S. Post
O ffice), 5th and Main Sts.
CONNECTICUT
Fairfield County
Bridgeport Harbor, Bridgeport Canal Barges.
Norwalk, Washington Street— S. Main Street
Area.
Hartford County
Farmington, Gridley-Parsons-Staples Home­
stead, Rte. 4, Farmington Ave.
Hartford, Christ Church Cathedral and Ca­
thedral House, 955 Main St. and 45 Church
St.
Hartford, Houses on Charter Oak Place.
Hartford, Houses on Wethersfield Avenue,
between Morris and Wyllys Sts., particu­
larly Nos. 97-81, 65.
Southington, Lewis, Sally, House, 500 N. Main
St.
Middlesex County
Middletown, Cookson, John, House, S. Main
St.
Middletown, Fuller, Caleb. House, Upper W il­
liams St.
Middletown, Southmayd, William, House,
Lower Williams St.
New London County
New London, Buckingham Memorial Build­
ing, 307 Main St.
New London, Washington Street Historic
D istrict, project 103-159.
New London, Williams Memorial In stitute
Building, 110 Broad St.
DISTRICT OF COLUMBIA
Auditors’ Building, 201 14th St. SW.
Brick Sentry Tower and Wall, along M St.
Central Heating Plant, 13th and C Sts. SW.
SE between 4th and 6th Sts SE
1700 Block Q Street NW; 1700-1744, 1746,
1748 Que St. NW.; 1536, 1538, 1540, 1602,
1604, 1606, 1608, 17th St. NW.
FLORIDA
Broward County
Hillsboro Inlet, Coast Guard Lig h t Station.
Collier County
Marco Island, Archeological Sites on Marco
Island.
Monroe County
Knights Key Moser Channel— Packet Chan­
nel Bridge ( Seven M ile Bridge)
Long Key Bridge
Old Bahia Honda Bridge
Pinellas County
Bay Pines, VA Center, Sections 2, 3, and 11
TW P 31-S, R-15E.
GEORGIA
Bibb County
Macon, Vineville Avenue Area, both sides of
Vineville Ave. from Forsyth and Hardman
Sts. to Pio Nono Ave.
Chatham County
Archeological Site, end of Skidway Island.
Savannah, 516 O tt Street.
Savannah, 908 Wheaton Street.
Savannah, 914 W heaton Street.
Savannah, 920 Wheaton Street.
FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, MAY 3, 1977
NOTICES 22415
Savannah, 828 Wheaton Street. Clearwater County
Savannah, 930 Wheaton Street.
Oroflno, vicinity, Canoe Camp— Suite 18, W
Skidaway Island, Priest’s Landing Mounds.
o f Orofino on U.S. 12 in Nez Perce National
Chatooga County Historical Park.
Archeological Sites in area o f Structure 1-M , Gem County
and Trion Dikes 1 and 2, headwaters of
Chatooga Watershed (also in Walker Marsh and Ireto n Ranch, Montour Flood
project.
C oun ty).
Clay County Town of M ontour, Montour Flood project.
Idaho County
Archeological Site WGC-73, downstream from
Walter F. George Dam. Kamiah vicinity, East Kamiah— Suite 15, SE
Cobb County o f Kamiah on U.S. 12 in Nez Perce Na­
tional Historical Park.
Bostwick, Charles C., House, 325 Atlanta St.
Brumby, Amoldus, House, 472 Powder Lem hi County
Springs St. Tendoy, Lewis and Clark Trail, Pattee Creek
Clay, Alexander Stephens, House, 353 Atlanta sCamp.
St. Nez Perce County
McCullock-W ellons House, 348 Powder
Springs Rd. Lapwai, F o rt Lapwai Officer’s Quarters, Phin-
Slaughter, M. G., Cottage, 216 Fraser St. ney Dr. and C St. in Nez Perce National
Park.
De Kalb County Lapwai, Spalding.
Atlanta, Atkins Park Subdivision, St. Augus­ Lewiston, F ix Building, 211-213 Main St.
tine, St. Charles, and St. Louis places. Lewiston, Lower Snake River Archeological
Decatur, Sycamore Street Area. D istrict
Lewiston, Moxley Building, 215 Main St.
F u lton County Lewiston, Sculld Building, 209 Main St.
Atlanta, Downtown Atlanta Historic D istrict,
beginning at jet. Atlanta St. and Central ILLINOIS
Ave. Bureau County
^Gordon County
I & M Canal (also in Henry, Rock Island, and
Haynes, Cleo, House and Frame Structure, Whiteside counties).
University of Georgia.
Moss— Kelly House, Sallacoa Creek area. Carroll County
Savanna vicinity, Spring Lake Cross Dike
Greene County
Wallace Reservoir Archeological D istrict, Island Archeological Site, 2 mi. SE of
(also in Hancock, Morgan, and Putnam Savanna.
counties). Cook County
Gw innett County
Chicago, Ogden Building, 180 W. Lake St.
Duluth, Hudgins, Scott, Home ( Charles TV. Chicago, Oliver Building, 159 N. Dearborn St.
Summerour House), McClure Rd. Chicago, Springer Block (Bay, State, and
Kranz B u ild in gs), 126-146 N. State St.
Heard County Chicago, Unity Building, 127 N. Dearborn St.
P h ilp o tt Homesite and Cemetery, on bluff
De Kalb County
above Chattahoochee River where Grayson
Trail leads into river. De Kalb, Haish Barbed Wire Factory, corner
Richmond County o f 6th and Lincoln Sts.
Archeological Sites Project F-117-1 (7 ). Lake County
Augusta, Blanche M ill. Fort Sheridan, Museum Bldg. 33, Lyster Rd.
Augusta, Enterprise M ill. Fort Sheridan, Water Tower, Bldg. 49, Leon­
Augusta, Green Street. ard Wood Ave.
Stewart County Madison County
Rood Mounds, Walter F. George Dam and American Bottoms, 69 archeological sites in
Reservoir. Madison, Monroe, and St. Clair counties.
Sum ter County
Rock Island County
Americus, Aboriginal Chet Quarry, Souther
Field! Archeological Site l l —R i—337, East Moline,
HAWAII Mississippi and Rock Rivers.
Hawaii County S cott County
Hawaii Volcanoes National Park, Mauna Loa Naples vicinity, Naples-Castle Site, SW of
Trail. Naples.
Kwalakakwa Bay, Kona Field System Williamson County
Maui County W olf Creek Aboriginal Mound, Crab Orchard
National W ildlife Refuge.
Hana vicinity, Kipahulu Historic D istrict, SW
of Hana on Rts. 31. INDIANA
Oahu County Lawrence County
Moanalua Valley.
Mitchell, Riley School.
IDAHO
Marion County
Ada County
Boise, Alexanders, 826 Main St. Indianapolis, Lockfield Gardens P u blic Hous­
ing Project, 900 Indiana Ave.
Boise, Falks Department Store, 100 N. 8th St.
Indianapolis vicinity, Garfield Park Pagoda,
Boise, Idaho Building, 216 N. 8th St. 2 mi S o f Indianapolis in Garfield Park.
Boise, Sim plot Building (Poise City National
B ank), 805 Idaho St. Monroe County
Boise, Union Building, 712% Idaho St. Bloomington, Carnegie Library.
22416
Orange County
Cox Site, Lost River Watershed.
Half Moon Spring, Lost River Watershed.
St. Joseph County
Mishawaka, 100 NW Bloch, properties front­
ing N. Main st. and W. Lincoln Way.
Spencer County
Evansville, Pollard, Maier, House.
Vanderburgh County
Evansville, Riverside Neighborhood.
Verm illion County
Houses in SR 63/32 Project, Jet. o f SR 32 and
SR 63 and 1st rd. S. o f Jet.
IOWA
Boone County
Saylorville Archeological D istrict (also In
Polk and Dallas counties).
Ida County
M u ri Brown Site (13-1A -4 ), County Court­
house.
Johnson County
Indian Lookout.
KANSAS
Douglas County
Lawrence, Curtis Hall (K iva H a ll), Haskell
Institute.
KENTUCKY
Jefferson County
Archeological Sites: Section 2, SW Jefferson
County Local Protection Project.
Johnson County
Fishtrap United Methodist Church.
Volga, McKenzie Log Cabin, McKenzie
Branch.
Lawrence County
F ort Ancient Archeological Site.
Trigg County
Golden Pond, Center Furnace, N o f Golden
Pond on Bugg Spring Rd.
LOUISIANA
East Baton Rouge Parish
Baton Rouge, Spanish Town, Baton Rouge.
Orleans Parish
New Orleans, Casey, Kate, House, 932-934
Howard.
New Orleans, Central City D istrict.
New Orleans, Cordes, John, House, 3027-
3029 Royal St., Square 170.
New Orleans, Deyron, Dr. J. A., House, 3037
Royal St., Square 170.
New Orleans, Dunn, Andrew Jackson, House,
928-930 Calliope St., Square 119.
New Orleans, Duyer, James, House, 933-935
Gaienne St., Square 119.
New Orleans, Gasquet, William, Houses,
1128-1130 Constance St., Square 119.
New Orleans, Hart, James S., House, 615 Erato
St., Square 71.
New Orleans, 1-Sea Storage and Transfer
Company Building, 2201 Clio St., Square
348.
New Orleans, Jahucke Building, 814 Howard
Ave., Square 237.
New Orleans, Lee Circle and Lee Monument,
St. Charles Ave. at Howard Ave.
New Orleans, Maginnis C otton M ills, 1054
Constance St., Square 120.
New Orleans, McDowall, Robert, House, 1119—
1121 Constance St., Square 130.
New Orleans, McLaughlin, M. A., House, 1122—
1126 Constance St., Square 119.
FEDERAL REGISTER, VOL. 42 , NO. 85— TUESDAY, MAY 3, 1977
NOTICES
New Orleans, McLeod, Euphenia Naptr, House,
1523-1525 Calliope St.. Square 183.
New Orleans, Murray, Thomas, House, 1131
S. Rampart St., Square 290.
New Orleans, Old Fifehouse, 1045 Magazne
St., Square 158.
New Orleans, Peyton, W illiam H., House, 1135
S. Rampart St., Square 290.
New Orleans, Roper, George W., House, 1032
St. Charles Ave., Square 183.
New Orleans, St. John the Baptist Church, Fort Detrick, H orton Test Sphere (O n e-
1139 Dryedes St., Square 277.
New Orleans, Saulet, Marie Theresa, House,
1218-1222 Annunciation St., Square 100.
New Orleans, Schwegmaun, G. A., House
3044 Royal St., Square 142.
New Orleans, Sincer, Louis, House, 1061 Camp
St., Square 183.
New Orleans, Sporl, C. J., House, 3015 Royal Piney Point, Piney P o in t L ig h t Station.
St., Square 142.
New Orleans, Talen, Aaldemar Appollonius,
Studio-House, 1029 Calliope St., Square
137.
New Orleans, Temple Sinai, 1032 Ceroudelet * Chesapeake Bay.
St., Square 215.
New Orleans, Verret, Theodore, House, 1216
Annunciation St., Square 109.
New Orleans, Tourae, Nicholas, House, 1169
Tchoupitoulas St., Square 71.
New Orleans, Zangel, Frederick, House, 1118
Constance St., Square 119.
St. Martins Parish
Site 16, Sm— 45, Atchafalaya Basin Flood way.
Vernon Parish
Ft. Polk, Site 16 VN 18.
MARYLAND
Allegany County
Flintstone vicinity, M artin Gordon Farm,
Breakneck Rd. (Rte. 1).
Flintstone vicinity, Martins M ountain Farm,
Breakneck Rd. (Rte. 1).
Anne Arundel County
Claiborne, Bloody P o in t Bar Light, on
Chesapeake Bay.
Skidmore, Sandy P o in t Shoal Ligh t, on
Chesapeake Bay.
Baltimore (independent city)
Baltimore Belt (Baltim ore and Ohio) Rail­
road (Howard Street Tunnel and Power
H ouse).
Barre Circle Historic D istrict, Lombard St.,
Fremont Ave., Scott St.
M ount Calvary Church Historic D istrict, Bid­
dle St., Madison Ave., N. Eutaw St.
Baltimore County
Fayette S treet Methodist Episcopal Church,
745 West Fayette St.
Baltimore County
Federal Hill-Riverside Park Historic D istrict,
Federal Hill and Riverside Park areas.
Fort Howard, Craighill Channel Upper Range
F ron t Light, on Chesapeake Bay.
Hollins-Lombard Historic D istrict, 800 blocks
• of Hollins and Lombard Sts., bet. Fremont
and Callender; unit block o f Parkin St.
New Owings M ills Railroad Station, W o f
Reisterstown Rd.
Old Owings Mills Railroad Station, Reisters­
town Rd.
Old Western Police Station ( Old Pine Street
S ta tio n ).
Ridgely’s D elight Historic D istrict.
Sparrows Point, Craighill Channel Range
F ron t Light, on Chesapeake Bay.
St. Paul’s Cemetery, Union Block, Fremont1
Ave. . - v. -
Carroll County
Bridge No. 1-141 on Hughes Road.
Cecil County
Sassafras Elk Neck, Turkey P o in t Ligh t, at
Elk River and Chesapeake Bay.
Dorchester County
Hoppersville, Hooper Island Ligh t, Chesa­
peake Bay-Middle Hooper Island.
Frederick County
M illio n -L ite r Test S phere).
Montgomery County
Rockville, Third Addition to Rockville and
Old St. Mary’s Church and Cemetery.
St. Marys County
St. Inigoes, St. Inigoes Manor House, Naval
Electronic System Test and Evaluation
Detachment.
St. Marys City, P o in t No P o in t Lig h t, on
„ Talbot County
Tilghman Island, Sharps Island Ligh t, on
Chesapeake Bay.
MASSACHUSETTS
Barnstable County
North Eastham, French Cable Hut, jet. o f
Cable Rd. and Ocean View Dr.
Rider, Samuel, House, Gull Pond Rd. off
Mid-Cape Hwy. 6.
TrurO, Highland Gold Course, Cape Cod Light,
area.
Truro, Highland House, Cape Cod Light
(Highland Light) area.
Wellfleet vicinity, Atwood— Higgins House,
Boundbrook Island.
Bristol County
New Bedford, Fire Station No. 4, 79 S. 6th St.
Hampden County
Holyoke, Caledonia Building (C rafts B uild­
in g) , 185-193 High St.
Holyoke, Cleary Building (Stiles B u ild in g),
190-196 High St.
Holyoke, Steamer Company No. 3.
Middlesex County
Wayland, Old Town Bridge (F o u r Arch
B ridge), Rte. 217, 1.5 m. NW of Rte. 126
Jet.
Suffolk County
Northern Avenue Bridge, Fort Point Channel.
Worcester County
Leicester, Shaw Site (Sites 4, 5, and 6 ), Upper
Quaboag River Watershed project.
North Brookfield, Meadow Site No. 11, Upper
Quaboag River Watershed.
Worcester, Oxford-Crown Streets D istrict,
Chatham, Congress, Crown, Pleasant, Ox­
ford Sts., and Oxford PI.
MICHIGAN
Kalamazoo County
Masonic Temple, corner Rose and Eleanor
Sts.
L ittle Forks Archeological D istrict.
MINNESOTA
St. Louis County
Duluth, Morgan Park Historic D istrict.
Winona County
Winona, Second Street Commercial Block.
MISSISSIPPI
Lowndes County
Tibbee Creek Archeological Site, Columbus
lock and dam project.
 NOTICES 22417

Tishomingo County NEW HAMPSHIRE Bronx County

Tennessee— Tombigbee Waterway.
MISSOURI
Buchanan County
St. Joseph, Hall Street Historic D istrict,
bounded by 4th St. on W., Robidoux on
S., 10th on E., and Michel, Corby, and
Rldenbaugh on N.
Dent County
Lake Spring, Hyer, John, House.
Franklin County
Leslie, Noser’s M ill and adjacent M iller’s
House, Rural Rte. 1.
Greene County
Springfield, Landers Theater, 311 East W al­
nut St.
Henry County
La Due, Batschelett House, near Harry S
Truman Dam and Reservoir.
L ittle Black River Watershed (also in Ripley
C oun ty).
Monroe County
Violette, Alexander House.
MONTANA
Big Horn County
Port Smith Big Horn Canal Headgate.
Carbon County
Hardin Pretty Creek Site ( Hough Creek
S ite) Big Horn Canyon National Recrea­
tion Area.
Custer County
MOld F ort” at F ort Keogh.
Fergus County
Lewis & Clark, Campsite, May 23,1805.
Lewis & Clark, Campsite, May 24,1805.
Lewis and Clark County
Marysville, Marysville Historic D istrict.
NEBRASKA
Cherry County
Valentine vicinity, F ort Niobrara National
W ildlife Refuge.
Valentine vicinity, Newman Brothers House.
K nox County
Niobrara Historic Properties.
NEVADA
Clark County
Las Vegas vicinity, Blacksmith Shop, Desert
National W ildlife Range.
Las Veras vicinity, Mesquite House, Desert
National W ildlife Range.
Elko County
Carlin vicinity, Archeological Sites 26EK1669,
26EK1672.
Nye County
Las Vegas vicinity, Emigrant’s Trail, about
75 mi. NW o f Las Vegas on U.S. 95.
Pershing County
Lovelock vicinity, Adobe in Ruddell Ranch
Complex.
Lovelock vicinity, Lovelock Chinese Settle­
m ent Site.
Storey County
Sparks vicinity, Derby Diversion Damf on the
Truckee River 19 mi. E o f Sparks, along
1 80 (also in Washoe C ounty).
Washoe County
Site 26Wa2065.
Hillsborough County New York, Bronx Post Office.
New York, N orth Brothers Island L ig h t Sta­
Amoskaag Millyard Complex. tion, In center o f East River.
Sm yth Tower.
. Broome County
Rockingham County
M ill Site at Site 7-A, Mantlcoke Creek project
Portsmouth, P u lp it Rock Observation Sta­
(also in Tioga C ou n ty).
tion, Portsmouth Harbor.
Vestal, Vestal Nursery Site, Vestal Project
Strafford County (also in Union C oun ty).
Odd Fellow’s Hall <M orning Star B lo ck ). Chautauqua County
O’N eill House ( Cocheco Co. Housing) . Dunkirk, Properties in the city o f Dunkirk.
P u b lic Market <M o rrill B lo c k ). Loomis Archeological Site, South and Central
Trella House ( Dover Manufacturing Co.
Chautauqua Lake
H ousing).
Veteran’s B uilding <Central Fire H ouse). Greene County
Western A u to Block (Merchants R o w ).
New York, Hudson City Lig h t Station, in
NEW JERSEY center o f Hudson River.
Hudson County Kings County
S.S. Newton, midway between Ellis and Lib­ Steeplechase Parachute Jump.
erty islands. Nassau County
Mercer County
Greenvale, T o ll Gate House, Northern Blvd.
Hamilton and West Windsor Townships, As- Long Island, Seafood Park Archeological Site.
sunpink Historic D istrict. New York County
Trenton, Lamberton Interceptor.
West Windsor Township Wastewater Facil­ New York, Colonial Park Pool Complex, Brad-
ities <Archeological Site 3313.14)— Ex­ hurst Ave.
tended. New York, Harlem Courthouse, 170 E. 121st
Middlesex County St.
New York, New York Cancer Hospital ( Towers
Oranbury Historio D istrict. Nursing Home) ,2 W. 106th St.
New Burnswlck, Delaware and Raritan Canal,
between Albany St. Bridge and Landing Orange County
Lane Bridge.
Port Jervis, Church Street School, 55 Church
M onm outh County St.
Port Jervis, Farnum, Samuel, House, 21 U l­
Long Branch, The Reservation, 1-9 New ster PI.
Ocean Ave. * Oswego County
Morris County
Gustin-Earle Factory Site, village o f Mexico.
Morristown, Abbett Avenue Bridge. Musico Motors Building, W. First and W.
Seneca Sts.
Ocean County
Otsego County
Joseph Holmes M ill ( The M ill S ite ), SW
Swart-W ilcox House
corner o f intersection o f M ill and Parker
Sts. Queens County
Warren County F ort Totten Officers’ Club.
Oxford Industrial D istrict, Oxford Township. Richm ond County
New York, Romer Shoal L ig h t Station, lo ­
NEW MEXICO cated in lower bay area o f New York
Chaves County Harbor.
Staten Island, U.S. Coast Guard Base, St.
Cites LA11809— LA11822, Cottonwood-Wal­ George.
nut Creek Watershed (also in Eddy Coun­ Saratoga County
ty ) .
Saratoga Springs, Yaddo House and Gardens,
Dona Ana County
D istrict.
Placitas Arroyo, ' ites SCSPA 1— 8. Satatoga Springs, Yaddo House and Gardens,
Saratoga Springs Historic District.
Guadalupe County Schuylerville, Archeological Site, Schuyler-
ville Water Pollution Control Facility.
Los Esteros Lake Archeological Site.
Schoharie County
Lee County Breakabeen, Breakabeen Historic D istrict, be­
tween village o f North Blenheim and
Laguna Plata Archeological D istrict.
Breakabeen.
McKinley County ' Staten Island
Tottenville, Ward’s Poin t, Oakwood Beach
Zuni Pueblo Watershed, Oak Wash Sites
Project.
N M .0 :1 3 :1 9— N .M .G .:l 3:37.
Suffolk County
Otero County Janesport vicinity, East End Site.
Janesport vicinity, Hallock’s Pond Site
Three Rivers Petroglyphs. New York, Fire Island L ig h t Station, U.S
R io Arriba County Coast Guard Station.
New York, L ittle G u ll Island L ig h t Station,
off North Point o f Orient Point, Long
Cerrito Recreation Site Archeological D istrict.
Island.
NEW YORK New York, P lu m Island L ig h t Station, off
Orient Point, Long Island.
Albany County New York, Race Rock L ig h t Station, S. of
Fishers Island, 10 mi. N. o f Orient Point.
Guilderland, N o tt Prehistoric Site. N orthville Historic D istrict, houses along
Tetilla Peak Site. Sound Ave.

FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, MAY 3. 1977

22418 NOTICES
Ulster County Montgomery County Lane County
Kingston vicinity, Esopus Meadow* Lig h t Columbia Bridge Works. Roosevelt Beach, Heceta Head Lighthouse.
Station, middle o f Hudson River. Lower Cratis Road Bridge. Roosevelt Beach, Heceta Head L ig h t Station.
New York, R ondout N orth Dike Ligh t, center
o f Hudson River at Jet. of Rondout Creek Pickaway County Lin coln County
and Hudson River. Williamsport vicinity. The Shack (Daugh­ Agate Beach, Yakuina Head Lighthouse.
New York, Saugerties L ig h t Station, Hudson erty, Harry, House), 5.5 mi. NW of W il­
River. liamsport. Tillam ook County
Wildmere and Cliff house Resort Hotels ( M in -
Richland County Tillamook, Cape Meares Lighthouse.
newaska A cquisition P ro ject), towns o f
Gardiner and Rochester. Mansfield, R itter, William, House, 181 S. Wasco County
Washington County Main. Memaloose Island, River Mile 177.5 in Colum­
Seneca County bia River.
Greenwich, Palmer M ill ( Old M ill), M ill St.
Tiffin, Old U.S. Post Office, 215 S. Washing­ Wheeler County
Westchester County ton St. * Antone, Antone M ining Town, Barite 1901-
Port Washington vicinity. Execution Rocks Sum m it County 1906.
L ig h t Station, lower SW portion o f Long United Way Building, Perkins St. PENNSYLVANIA
Island Sound.
Yonkers, Women’s In stitu te Building. Tuscarawas County Adams County
Yorktown, Yorktown Railroad Station. Conotton Creek Bridge, CR 90 in Warren Gettysburg, Barlow’s K noll, adjacent to
Township, over Conotton Creek. Gettysburg National M ilitary Park.
NORTH CAROLINA K u hn ’s Fording Bridge, spans Conewago
Alamance County Warren County Creek.
Burlington, Clapp’s M ill and Dam Site (also Allegheny County
Corwin, Shaffer Mound, S o f New Burlington
in Guilford C ou n ty). Rd. Bruceton, Experimental Mine, U.S. Bureau
Burlington, Faust M ill (also in Guilford Harveysburg, E. L. Anderlee Mound, S o f New o f Mines, off Cochran M ill Rd.
C ou n ty). Burlington Rd. in Caesar Creek Lake M cJunkin Site, New Texas Rd.
Burlington, Low House (also in Guilford Project.
C ou n ty). Berks County
Wayne County
Burlington, Southern Railway Passenger De­ Mt. Pleasant, Berger-Stout Log House, near
pot, NE corner Main and Webb Sts. Wooster, Thorne House, 1576 Beall Ave. jet. o f Church Rd. and Tulephocken Creek.
Brunswick County OKLAHOMA Mt. Pleasant. Conrad’s Warehouse, near Jet.
o f Rte. 183 and Powder M ill Rd.
Southport, F ort Johnston, Moore St. Atoka County Mt. Pleasant, Heck-Stamm-Unger Farmstead,
Caswell County Estep Shelter, Lower Clear Boggy Watershed. Gruber Rd.
Graham Site, Lower Clear Boggy Watershed. Mt. Pleasant, M iller’s House, Jet. o f Rte. 183
Archeological Sites CS-12, County Line Creek and Powder Mill Rd.
Watershed Project (also in Rockingham Comanche County Mt. Pleasant, O’Bolds-Billman Hotel and
C ou n ty). Store, Gruber Rd. and Rte. 183.
Womack’s M ill, in County Creek Watershed Fort Sill, Blockhouse on Signal M ountain
off Mackenzie Hill Rd. Mt. Pleasant, Pleasant Valley R oller M ill,
Project (also in Rockingham C ounty). • Gruber Rd.
Fort Sill, Camp Comanche Site, E range on
Cleveland County Cache Creek. Mt. Pleasant, Reber’s Residence and Barn, on
Fort Sill, Chiefs K noll, Post Cemetery, N of Tulephocken Creek.
Archeological Resources in Second Brood
R iver Watershed P roject (also in Ruther­ Mt. Pleasant, Union Canal, Blue Marsh Lake
Haskell County Project area.
ford Coun ty).
Keota vincinity. O tter Creek Archeological B utler County
Cumberland County Site, SW of Keota.
Fayetteville, Veterans Adm inistration Hos­ Butler, Bonnie Brook Archeological Site.
Kay County
p ita l Confederate Breastworks, 23 Ramsey Chester County
St. Newkirk vicinity, Bryson Archeological Site,
NE of Newkirk. Charlestown, Nesspor House (Thomas Davis
Dare County H ouse), State Rd.
Buxton, Cape Hatteras Light, Cape Hatteras OREGON Charlestown, Pickering Creek Ice Dam, State
National Seashore. Rd.
Baker County Lock Aerie.
Hyde County Nature Center o f Charleston, State Rd.
Baker vicinity. Virtue Fla t M ining D istrict,
Ocracoke, Ocracoke Lighthouse. 10 mi. E of Baker off Hwy. 86. Charleston township.
NORTH DAKOTA Columbia County C linton County
Burleigh County Scappose vicinity, Portland and Southwest­ Lockhaven, Apsley House, 302 E> Church St.
ern Railroad Tunnel, 13 mi. NW o f Scap­ Lockhaven, Harvey Judge, House, 29 N. Jay
Bismarck, F ort Lin coln Site. St.
pose.
Lockhaven, McCormick, Robert, House, 234
OHIO Coos County E. Church St.
Adams County Charleston, Cape Arago L ig h t Station. Lockhaven, Mussina, Lyons, House, 23 N. Jay
Wrightsville vicinity, Grimes Site (33 AD 39), St.
Curry County Delaware County
K illen Electric Generating Station.
W rightsville vicinity, K illen Bridge Site, (33 Port Orford, Cape Blanco L ig h t Station. I 476 Historic Sites (20 Historic Sites), Mid-
AD 36), K illen Electric Generating Station. County Expwy. (also in Montgomery
Douglas County
Astabula County C ounty).
Winchester Bay, Umpqua River Lighthouse. Minshall House, Media Borough.
Astabula, West F ifth Street Bridge, over
Astabula River. Gilliam County Huntingdon County
— Clerm ont County Archeological Sites (G host Camp Reservoir). Brumbaugh Homestead, Raystown Lake
Project.
Neville vicinity, Maynard House, 2 mi. E o f Arlington vicinity, Fou r M ile Canyon Area Lackawanna County
Neville off U.S. 52. (Oregon T ra il), 10 mi. SE o f Arlington.
Crum G ristm ill, Ghost Camp Reservoir area. Carbondale, Miners and Mechanics Bank
Crawford County Old Wagon Road, Ghost Camp Reservoir area. Bldg., 13 N. Main St.
Olex School, Ghost Camp Reservoir area.
Calvary Reformed Church, F irst United Lancaster County
Steel Trus Bridge, Ghost Camp Reservoir
Methodist Church, Crestline Shunk M u­ area. Bainbridge Township, Haldeman Mansion.
seum.
Klam ath County Lehigh County
Darke County
Crater Lake National, Park, Crater Lake Colesville vicinity, Site 1: Farmhouse, bam,
D A R -S .R .—571-0.00, Lodge. and outbuildings, 1-78.

FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, MAY 3, 1977

 NOTICES 22419

Dorneyville, K in g George In n and tw o oth er E l Paso County K in g County

stone houses, Hamilton »n il Cedar Crest Burton, P o in t Robinson L ig h t Station.
Blvds. Costner Range Archeological Sites.
Seattle, Alki P o in t L ig h t Station.
I /¡/coming C ou n ty Galveston County Seattle, Home of the Good Shepherd.
Williamsport, F a w n C o „ I n c ., Williamsport Oalveston. U S . Customhouse, bounded by Seattle, West P o in t L ig h t Station.
Beltway. Avenue B, 17th, Water, and 18th Sts. Kitsap C ounty
N o rth a m p to n b o u n t y Hardeman. County Hansville, P oin t No P o in t L ig h t Station.
Lehigh Canal. Qimnfth, Quanah Railroad Station, Lots 2, Pacific County
Site 3: Farm house, horn, and outbuildings,
8, and 4 in Block 2.
1-78. Tlwaco, N orth Head L ig h t Station.
Kite 4: F arm house, b a m , a n d ou tbu ild in g s, Uvalde County
Pierce C ounty
1-78. Leona River Watershed, Ardheologicul Sites.
Philadelphia C o u n ty Fort Lewis M ilitary Reservation, Captain
Philadelphia, Bridge o n " I ” S treet, truer T a - Webb County Wilkes, July 4,1841, Celebration Site.
cony Creek. Laredo, Bertani, Paul Prevost House, 604 Longmire, Longmire Cabin, Mount Rainier
Philadelphia, Courthouse and P o s t Office, 9th National Park.
Iturbide St.
.St., between Chestnut and Market Sts. Laredo. De Leal, Viscaya, House, 620 Zara­ Sam. Juan County
Philadelphia, N ew Forest Thea tre, 1108-1114 goza St.
Walnut St. San Juan Islands, Patos Island L ig h t Station.
Philadelphia, Perth, Frederick, House, 216 N. Laredo, Garza, Zoila D e La, House, 500 Itu r­
Skamania County
33rd St. bide St. j
Philadelphia, T re m o n t Milts, Wigonocking Laredo, LeyerMecker/Salinas House, 702 Ttur- N orth Bonneville, Site 44SAll, Bonneville
St. and Adams Ave. bideS t. Dam Second Powerhouse Project.
U.S. Naval Base, Quarters “A ” C om m a n d a n t’s Snohom ish C ounty
Laredo, Montemayor, Jose A „ House '(Carols
Quarters.
W ashington C o u n ty
Vela H ouse), 601 Zaragosa St. Mukllteo, Mukiltea L ig h t Station.
Charleroi, N in th S tre e t School. TRUST TERRITf>RY OF THE WEST VIRGINIA
Somerset Township, W rig h t No. 22 {fevered PACIFIC ISLANDS
Barbour County
Bridge. Truk D istrict
R H O D E IS LA N D Covered Bridge across ¡Rooting Creek, Elk
Sapore Tillage, Aikei/Winas, Fef en Island. Creek Watershed (also in Harrison
P rovidenoe C o u n ty C o u n ty).
UTAH
Providence, W oon esqu a tu ck et Bridge. Cabell County
Woonsocket, C lu b M a rq u e tte B u ild in g (S t. Emery County
H untington, Old Bank Building, 1203 3rd
A n n e’s ’G ym n a s iu m ) . Cumberland St. Site M L—2145, Manti-LaSal National Forest. Ave.
W ash ington C o u n t y Salt Lake County Kanawha County
Narragansett, Sprague, G o v ., Bridge, Boston Salt Lake City, L ollin Block, 238-240 S. M ain Charleston, Kanawha County Courthouse.
Neck Rd. St. St. Albans, C hilton House, 439 B St.
SO U T H C A R O LIN A VERMONT W ood County
B ea u fo rt C ou n ty Chittenden County Parkersburg, Wood County Courthouse.
Clark Memorial Building. Parkersburg, Wood County Jail.
Parris inland, Marine Corps R ecruit Depot.
iCharleston C o u n ty Windham County W ISCO N SIN
Charleston, 139 Ashley St. Rockingham, Bellow Falls Armory, 72 W est­ Ashland County
Charleston, £3 Barre S t. minster St., Bellows Falls. Ashland vicinity, Madeline Island S ite 7302.
Charleston, B9r Barre St.
Charleston, 316 C a lh ou n St. Windsor County Fond du Lae C ounty
Charleston, 316r C a lh o u n St. F on d du Lac, Aetna Station No. S, 193 N
Charleston, 268 C a lh ou n S t. Windsor, Post Office Building.
Main St.
Charleston, 274 C alhoun S t. V IRGIN IA JfaCrosse County
Charleston, Old R ice M ill, off Lockwood Dr.
Accomack County LaCrosse, LaOrosse Post Office.
SO U TH DAKO TA
Captain’s Cove Dev., Archeological Sites Rock County
M in neh ah a C ou n ty
(Chincoteague B a y ).
Portion o f Evansville H istoric D istrict.
O rpheum Theater, 315 N. Phillips Ave.
Allegheny County
P e n n in g to n C o u n ty WYOMING
G athright Lake P roject (Archeological sites),
Albany County
Rapid City, 612-632 M a in St. (also In Bath C ou n ty).
Woods Landing vicinity, Boswell Ranch,
TEN N ESSEE W ythe County W Y 10.
D avidson C o u n ty F ort Criswell Frem ont County
Nashville, A n cien t In d ia n Village and Buria l W ASHINGTON P ilo t B utte Powerplant, Wind River Basin.
G roun d, section 203 ( b ) .
Benton County Johnson County
Trousdale C o u n ty
Richland vicinity, Paris Archeological Site,
Casper, Cantonment Reno.
Dixon Springs, M c G e e H ou s e. Hanford Works Reservation.
Casper, Castle Rock Archeological Site.
T EX A S Richland vicinity, Wooded Island Archeologi­
Casper, D u ll K nife Battlefield.
cal D istrict, N o f Richland.
Bexar C o u n t y Casper, Middle Fork Pictograph-Petroglyph
Callam County Panels.
Port Sam Houston, E isenhow er House, Artil­
lery Post Rd. Cape Alava vicinity, W hite Rock Village Casper, Portuguese Houses.
C o n c h o C o u n ty Archeological Site, S o f Cape Alava. Park County
Olympic National Park Archeological Dis­
Middle .Colorado River Watershed, P rehis­ Maxnmouih, Chapel at F o r t Yellowstone,
trict, Olympic National Park (also in Jef­
toric Archeology in t h e Southw est iLaterals Yellowstone National Park.
Subwatershed (¡also in McCulloch County). ferson C ounty) .
Segium, New Dungeness L ig h t Station. PU ER T O R IC O
D e n to n C o u n ty
Grays Harbor County Mona Island, Sardinero Site and Ball Courts.
Ham m ons, G eorge House, between Sangers
and Pilot Point. West Fort, Grays Harbor L ig h t Station. [F R Doc.77-12517 Filed £-2-77; 8:45 am)

FEDERAL REGISTER, V O L 4 2 , NO. 85— TUESDAY, MAY 3, 1977

 22420
NORTH ATLANTIC REGION ADVISORY
COMMITTEE
Meeting
Notice is hereby given in accordance
with the Federal Advisory Committee
Act— Pub. L. 92-463, that a meeting of
the North Atlantic Committee will be
held at 9 a.m.f e.s.t. on May 26, 1977
through approximately 3 p.m., e.s.t. on
May 27, 1977 at the New England Center
fo r Continuing Education, University of
New Hampshire, Durham, New Hamp­
shire in the Adams Residential Tower
Kennebec Room.
The purpose of the Committee is to
provide for the free exchange o f ideas
between the National Park Service and
the Public, and to facilitate the solicita­
tion of advice or other counsel from
members of the public on problems and
programs pertinent to the North Atlantic
Region.
The members of the Committee are as
follows:
Dr. Charles H. W. Poster, New Haven, Con­
necticut.
Mr. George Hamilton, Dover, New Hampshire.
Dr. John P. Keith, Hartsdale, New York.
Frederick R. Mlcbia, Ontario, New York.
Mr. W illiam Ni^ring, Gales Ferry, Con­
necticut.
Matters to be discussed at this meeting
include:
1. Current activities in the North Atlantic
Region.
2. Report of Subcommittee: Proposed
Lowell National Cultural Park.
S. Report o f Subcommittee: St. Gaudens
Interpretation.
4. Policy Discussion: Personnel Rotation
Local Advisory Commissions.
The meeting will begin approximately
9 a.m., May 26,1977, at the New England
Center for Continuing Education, Uni­
versity of New Hampshire, Durham, New
Hampshire in the Adams Residential
Tower Kennebec Room. The meeting will
be open to the public. Any member of the
public may file with the Committee a
written statement concerning the mat­
ters to be discussed.
The meeting will conclude approxi­
mately 3 p.m., May 27,1977.
L eonard A . F r a n k ,
Acting Regional Director,
N orth Atlantic Region,
[FR Doc.77-12615 Filed 5-2-77;8:45 am]
Office of Hearings and Appeals
[Docket No. M 77-161]
GALLIA COAL CO.
Petition for Modification of Application of
Mandatory Safety Standards
Notice is hereby given that in ac­
cordance 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), Gallia Coal Co., P.O. Box 414,
Pt. Pleasant, West Virginia 25550, has
filed a petition to modify the applica­
tion of 30 CFR 75.1710, cabs or canopies,
to its Williams Mine, located in Mason
County, West Virginia.
FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, MAY 3, 1977
NOTICES
The substance of Petitioner’s state­
ment is as follows:
1. Because of low seam heights en­
countered and the expectations o f such
conditions in its mining operations, the
continued use of canopies is creating
hazards that fa r exceed the protection
they provide under the supported roof.
2. Petitioner’s present mining height
in its seven working places vary from 41
to 48 inches in seam height. W ith the
use o f a 2-inch half header in its roof
bolting operation the travel height for
equipment is reduced to less than 39
inches. This is not to say that all of
Petitioner’s coal will be that low, as
some of it will be as much as 60 inches.
However, while Petitioner cannot use
the equipment with canopies because
, such cannot get through the lowest
areas of the niine. Even in the area
of higher seam height Petitioner very
frequently encounters rolls that reduce
the mining height to less than 40 inches.
3. Petitioner bases the statement
“ using canopies is creating hazards that
fa r exceed the protection they provide”
on the following reasons:
a. It is nearly impossible to maintain
check curtains to provide ventilation to
the working places.
b. W ater lines are torn- down fre­
quently in places where they have to
cross over the haulroad.
c. Trailing cables are caught by the
canopies.
d. Roof bolts are frequently being
bumped, thereby destroying their effec­
tiveness.
e. The vision of the equipment opera­
tors is so restricted that they cannot see
where they are going or when they
might have caught a cable.
f. There is an added danger of equip­
ment striking other workers or collisions
o f equipment.
g. Equipment operators will be
tempted to protrude their heads out
from under the canopy for better vision,
thereby creating the likelihood of
getting crushed between the machine
and the rib.
R eq u est for H e ar ing or C o m m ents
Persons interested in this petition may
request a hearing on the petition or
furnish comments on or before June 2,
1977. Such requests or comments must
be filed with the Office of Hearings and
Appeals, Hearings Division, U.S. Depart­
ment o f the Interior, 4015 Wilson
Boulevard, Arlington, Virginia 22203.
Copies of the petition are available for
inspection at that address.
D avid T o rbe tt ,
Acting Director, Office
of Hearings and Appeals.
A p r il 25, 1977.
[FR Doc.77-12580 Filed 5-2-77:8:45 am]
[Docket No. M77-162]
JOHNSON COAL CO., INC.
Petition for Modification of Application of
Mandatory Safety Standard
Notice is hereby given that in accord­
ance with the provisions of section 301
(c) o f the Federal Coal Mine Health and
Safety A ct of 1969, 30 U.S.C. 861(c)
(1970), Johnson Coal Company, Inc.,
Box 644, Martin, Kentucky 41649, has
filed a petition to modify the applica­
tion of 30 CFR 75.1710, cabs or canopies,
to its No. 11 Mine, located in Knott
County, Kentucky.
• The substance of Petitioner's state­
ment is as follows:
1. Petitioner feels that by having can­
opies installed on its equipment, it is
creating a hazard to the operators.
2. Petitioner’s equipment consists of:
one cutting machine, model 16RB serial
number 18005; one 14BU10 loader, serial
number 10080; one Joy CD81 coal drill,
serial number 4104; one Galis 300 roof
bolter, serial number 8742728; one D3
Acme pinner, serial number 1990; one
D1 Acme pinner, serial number 2142;
and two 2ISC shuttle cars, serial num­
bers ET11314 and ET11313.
3. The No. 11 Mine is in the Hazard
4 Seam which ranges from 42 to 46
inches. In this seam Petitioner is con­
stantly running into ascending and de­
scending grades, resulting in dips both in
top and bottom. By installing canopies
on the equipment, Petitioner is limiting
the vision of the operators of the equip­
ment, creating a hazard to them as well
as to other employees in the mine.
4. Petitioner feels that since the op­
erator’s vision is limited and because of
the position which he must assume in
order to see (hanging out, etc.) canopies
could be a contributing factor to acci­
dents that may arise. The Kentucky De­
partment of Mines and Minerals has or­
dered Petitioner not to use them.
R eq u est fo r H e ar ing or C o m m ents
Persons interested in this petition may
request a hearing on the petition or fur­
nish comments on or before June 2,1977.
Such requests or comments must be
filed with the Office of Hearings and Ap­
peals, Hearings Division, U.S. Depart­
ment of the Interior, 4015 Wilson Boule­
vard, Arlington, Virginia 22203. Copies of
the petition are available for inspection
at that address.
D avid T o rbett ,
Acting Director,
Office of Hearings and Appeals.
A pril 25, 1977.
[FR Doc.77-1258'1 Filed 5-2-77;8:45 am]
[Docket No. M 77-168]
KENTLAND ELKHORN COAL CORP.
Petition for Modification of Application of
Mandatory Safely Standards
Notice is hereby given that in accord­
ance with the provisions o f section 301
(c) of the Federal Coal Mine Health and
Safety Act o f 1969, 30 U.S.C. 861(c)
(1970), Kentland Elkhorn Coal Corpo­
ration, Lebanon, Virginia 24266, has filed
a petition to modify the application of
30 CFR 75.329-1, sealing or ventilation
o f pillared or abandoned area, to its No.
1 Mine, located in Pike County, Ken­
tucky.
The sùbstance o f Petitioner’s state­
ment is as follows:

1. The location of the areas Involved
are as follows :
a. The entire length of No. 1 belt (1,800
feet, the areas behind the right perma­
nent stopping lin e ).
b. The entire length of No. 2 belt (1,500
feet, the areas behind the right perma­
nent stopping lin e ).
c. The abandoned 2 North Panel ad­
jacent to No. 3 belt, behind the perma­
nent stopping line to the left.
2. Kentland No. 1 Mine is located in
the Lower Elkhom seam and operates
one mining section using a 265 Lee-
Norse continuous miner.
3. The mine employs 30 men and has
a daily estimated production of 159 tons
of clean coal per shift. The mine was in
operation from October 1946 to Sep­
tember * 1976 and reopened March 14,
1977.
4. Petitioner states the following alter­
nate method for locations Number 1 and
2.
a. These areas were originally mined
from 1948 to 1952, with no provisions
being made for the establishment off a
bleeder system.
b. The Petitioner proposes to install
two 12-inch corrugated iron pipes on the
No. 1 belt with a velocity of 2,500 C.F.M.
These pipes will serve as regulators.
They will be installed in the permanent
stoppings on the intake airway side and
will extend across the belt entry, under
the belt and be installed in the perma­
nent stoppings on the right side of the
No. 1 belt, at a distance of approxi­
mately 40 feet. This will insure ventila­
tion of the abandoned area at «Ü times.*
c. The regulators mentioned in the
above proopsal will be ¡examined weekly
to insure that they are functional and
the air will be examined to determine
the quantity, quality and the direction
of travel*
d. The permanent stoppings on the
right side on No. 1 belt will be main­
tained In good repair at aH times.*
e. The Petitioner proposes one addi­
tional regulator to be installed in a per­
manent stopping adjacent to the No. 4
Belt Drive with 3,000 C.F.M. passing
through to add additional ventilation to
the abandoned areas adjacent to No. 2
belt. !'
f . A survey was conducted and the air
was traveling over the abandoned areas
to surface openings at the following dif­
ferent locations:
Belt Auger hole Drift openings
No. 1......................... .... 29
No. 2...______________
g. This mine has no history o f me­ Kennedy seam and the thickness of the
thane.
5. Petitioner states ¡the following fo r
the No. 3 location':
a. This area was originally mined from cab and canopy regulations, is being
1950 to 1952, with no provisions being
1Thts will be duplicated for No. 2 belt.
Maps are available for Inspection at th e ad­ height is 5,280 feet.
dress listed in the last paragraph o f this
notice.
FEDERAL REGISTER, V O L. 42, NO. 83— TUESDAY, MAY T , 1977
NOTICES
made for the establishment of a bleeder
system.
b. There Is a difference in elevation of
approximately 60 feet between the outby
and baby ends of 2 North and it is be­
lieved the area is roofed with water due
to adverse t o o í conditions. This cannot
be safely ascertained.
c. This area is on the return side.
d. There is 45;600 C.F.M. o f air sweep­
ing the outby end of this area.
e. N o one is required to travel in or by
this area.
f . W e have one evaluation station lo ­
cated 1 break inby this area and another
evaluation statical in the return drift
portal to monitor the air for quantity,
quality and direction of travel. This re­
lieves us from traveling this area of the
return outby the first location, In which
2 North is located (previous approved
361(c) , Docket No. M 76-489).
R equ est for H e a r in g or C o m m ents
Persons interested in this petition
may request a hearing on the petition or
furnish comments on or before June 2,
1977. Such requests or comments must
be filed with the Office of Hearings and
Ap p eals, Hearings Division, U.S. Depart­
ment o f the Interior, 4015 Wilson Boule­
vard, Arlington, Virginia 22203. Copies
■of the petition are available for inspec­
tion at that address.
D avid T o r b e tt ,
Director,
Office of Hearings and Appeals.
A pril 25, 1977.
[F R Doc.77-12582 Ffled 5-2-77; 8:45 am]
1Docket No. M77-157]
OAKWOOD R E D A SH C O A L C O R P.
Petition for Modification of Application of
Mandatory Safety Standards
Notice is hereby given that in accord­
ance with the provisions of section 301
(c ) of the Federal Coal Mine Health and
Safety A ct of 1669, 30 UJS.C. § 861(c)
(1970), Oakwood Red Ash Coal Corp.,
Box 227, Vansant, Virginia 24656, has
filed a petition to modify the application
of 36 CFR 75.1710, cabs or canopies, to
its Oakwood Red Ash No. 3 Mine, located
in Buchanan County, Virginia.
The substance o f Petitioner’s state­
ment is as follows:
1. The mine is approximately 6 years
old. Petitioner has owned and operated
the mine for 6 years. The projected life
of the mine is 3 years. There has been no
recent rehabilitation of the mine. Peti­
7
a 6 tioner employs 65 men and they are not
represented by a labor union.
2. The mine is located in the Widow
coal seam is 24 to 36 inches. Th e average
height of the coal seam is 32 to 34 inches
in locations where equipment, subject to
used. The lowest height of the coal seam
is 24 inches and the distance of the low
3. Petitioner’s equipment consists of
the.following: Lee-Norse miner 245; 1416
22421
Joy loader 739; 16RB Joy cutter 733;
Galis phiners (4 ); Schroeder drill 296;
Joy Shuttle cars; Elkhom tractors (4 ).
The height, length and width of each
piece of equipment is: cutter— 39 feet
long, 9 fecit wide, 25% inches high;
loader—31 fee t long, 8 feet wide, 26
•inches high; pinners 14 feet long, 8 feet
wide, 26 inches high; -drill 30 feet long,
8 fee t wide, 26 inches high; miner— 37
feet long, 8 feet wide, 26 inches high;
shuttle cars— 29 feet long, 16 feet Wide,
26 inches high; tractor— 17 feet long,
6 feet wide, 26 inches high.
4. * Petitioner’s mine produces 750 tons
of coal with four shifts per day. Cab
and canopy installation will cut produc­
tion by 50 percent per day. Petitioner
uses the continuous and conventional
mining method. The average room size
o f each working section where equipment
is used is 30 to 35 inches high, 25 to
26 inches high, 22 feet wide. In these
locations the top is fair. The fioor is also
fair.
5. Petitioner is operating in very low
coal. As a result, when cabs or canopies
are placed on its equipment, the operator
is ‘‘trapped” on one side. His vision is
obscured o r blocked because o f the
cramped position.
6. The roof fall prevention techniques
used consist o f roof bolting per an ap­
proved plan. Petitioner wants his mod­
ification fo r as long as it is operating in
coal below 48 inches. Petitioner will train
its employees regarding the modified sys­
tems.
7. The mine operator has an on-going
and comprehensive safety instructional
program which includes instruction pro­
vided by MESA personnel through oper­
ator invitation.
3. Requiring cabs and canopies on
equipment being operated in coal below
48 inches is unrealistic, impractical and
unsafe. Section 75.1710-1(4) et seq. a t­
tempts to oversimplify what is actually
a very complicated situation; Coal seams
under 48 inches vary in height through­
out the terrain, requiring more special­
ized equipment than that which is used
in higher coal. Such equipment must be
capable o f traversing the lowest sections
o f the mine smoothly and safely. Cabs
and canopies in low coal create the dan­
gers o f limiting vision, cramping (and
possibly trapping) the operator during
the workshift, and endangering person­
nel working in the vicinity o f the equip­
ment. (Note: Unlike high coal, low coal
cabs and canopies must generally be
placed on one side of mining equipment,
thus making it Impossible for the oper­
ator to see anything on the other side.)
In addition, the Virginia Division o f
Mines and -Quarries has issued closure
orders in coal as high as 50 inches in
other mines near Petitioner’s until such
time as the operator therein removed its
cabs and canopies, considering such
equipment unsafe and thus acting in a
manner which directly conflicts with
Federal regulation. W eM-intentinned
regulations requiring cabs and canopies
in coal below 48 inches present a dan­
gerous situation, whereas safety pro­
grams, good roof bolting plans, and
22422 NOTICES
competent monitoring by qualified per-: equipment is used is 60 by 60 centers, 22 [Docket No. M77-160]
sonnel provide a safe working environ­ feet wide. In these locations the top is
ment. PETROS COAL CORP.
fair. The floor is good.
R eq u est fo r H e ar ing or C o m m e n t s 5. Petitioner is operating in very low Petition for Modification of Application of
coal. As a result, when cabs or canopies Mandatory Safety Standard
Persons interested in this petition may are placed on its equipment, the opera­ Notice is hereby given that in accord­
request a hearing on the petition or fur­ tor is “ trapped” on one side. His vision ance with the provisions of section 301(c)
nish comments on or before June 2,1977. is obscured or blocked because of the o f the Federal Coal Mine Health and
Such requests or comments must be filed cramped position. Safety Act of 1969, 30 U.S.C. § 861(c)
with the Office of Hearings and Appeals, 6. Petitioner’s equipment is 3 to 5% (1979), Petros Coal Corp., Route No. 3,
Hearings Division, U.S. Department of years old. The roof fall prevention tech­ Box 150, Oliver Springs, Tennessee 37840,
the Interior, 4015 Wilson Boulevard, niques used consist of roof bolting per has filed a petition to modify the appli­
Arlington, Virginia 22203. Copies of the an approved plan. Petitioner wants this, cation of 30 CFR 75.1710, cabs or cano­
petition are available for inspection at modification for as long as it is operating pies, to its Mine No. 2, located in Ander­
that address. » in coal below 48 inches. Petitioner will son County, Tennessee.
D avid T o r b e tt , train its employees regarding the modi­ The substance of petitioner’s state­
Acting Director, fied system. ment is as follows:
Office of Hearings and Appeals. 7. The mine operator has an on-going 1. Installing canopies or cabs on Peti­
A p r il 25, 1977. and comprehensive safety instructional tioner’s equipment will create more haz­
program which includes instruction pro­ ards than presently exist.
, [F R Doc.77-12583 Filed 5-2-77; 8:45 am]
vided by MESA personnel through opera­ 2. The mine roof at Petitioner’s mine
tor invitation. is not uniform, and the average thick­
[Docket No. M77-158] 8. Requiring cabs and canopies on ness o f the coal is approximately thirty-
equipment being operated in coal below six (36) inches or less. The operator
OAKWOOD RED ASH COAL CORP. 48 inches is unrealistic, impractical and could be fatally injured by the projec­
Petition for Modification of Application of unsafe. Section 75.1710-1(4) et seq. at­ tion of the canopy or cab higher than
Mandatory Safety Standard tempts to oversimplify what is actually the space provided in the mine. Com­
Notice is hereby given that in accord­ a very complicated situation. Coal seams mercials showing the safety value of
ance with the provisions of section 301 under 48 inches vary in height through­ canopies are photographed in mines
(c) of the Federal Coal Mine Health and out the terrain, requiring more special­ where the coal is 5 to 6 feet in height,
Safety Act of 1969, 30 U.S.C. § 861(c) ized equipment than that which is used which is ideal for their use.
(1970), Oakwood Red Ash Coal Corp., in higher coal. Such equipment must be 3. Present safety rules in effect at the
Box 227, Vansant, Virginia 24656, has capable of traversing the lowest sections mine have prevented accidents to op­
filed a petition to modify the application of the mine smoothly and safely. Cabs erators of electric face equipment, in­
o f 30 CFR 75.1710, cabs or canopies, to and canopies in low coal create the cluding shuttle cars in low-seam mining;
its Oakwood Red Ash No. 4 Mine, located danger of limiting vision, cramping (and and these measures already taken will
in Buchanan County, Virginia. possibly trapping) the operator during be of more benefit than the installation
The substance of Petitioner’s state­ the workshift, and endangering person­ of the canopies or cabs as ordered by the
ment is as follows : nel working in the vicinity of the equip­
Mining Enforcement and Safety Ad­
1. The mine is approximately 7 years ment. (NOTE: Unlike high coal, low coal ministration.
old. Petitioner has owned and operated cabs and canopies must generally be 4. A copy of this Petition has been
the mine for 7 years. The projected life placed on the side of mining equipment, given to the representative of the miners
o f the mine is 2 years. There has been thus making it impossible for the oper­ at the mine, and in addition, has also
no recent rehabilitation of the mine. ator to see anything on the other side.) been posted at the mine.
Petitioner employs 55 men and they are In addition, the Virginia Division of
Mines and Quarries has issued closure R equ est for H e ar ing or C om m ents
not represented by a labor union.
2. The mine is located in the Widow orders in coal as high as 50 inches in Persons interested in this petition
Kennedy Seam and the thickness of the other mines near Petitioner’s, until such may request a hearing on the petition
coal seam is 40-42 inches. The average time as the operator therein removed its or furnish comments on or before June
height of the coal seam is 40-42 inches cabs and canopies, considering such 2,1977. Such requests or comments must
in locations where equipment, subject to equipment unsafe and thus acting in a be filed with the Office o f Hearings and
cab and canopy regulation, is being used. manner wjiich directly conflicts with Appeals, Hearings Division, U.S. Depart­
The lowest height of the coal seam is 30 Federal Regulation. Well-intentioned ment of the Interior, 4015 Wilson Boule­
inches and the distanct of the low height regulations requiring cabs and canopies vard, Arlington, Virginia 22203. Copies
is 120 feet. in coal below 48 inches present a danger­ of the petition are available for inspec­
3. Petitioner’s equipment consists of ous situation, whereas safety programs, tion at that address.
the following: Continuous miner-Joy-14 good roof bolting plans, and competent
D avid T o rbett ,
CM (1) ; Galis 300 roof bolters (2) ; AR5 monitoring by qualified personnel pro­ Acting Director, Office
Elkhorn tractors (5) ; AR5b Elkhom vide a safe' working environment. of Hearings and Appeals.
scoop (1) ; S & S scoop (1). The height, R e q u est fo r H e ar ing or C o m m e n t s
length and width o f each piece of equip­ A p r il 25, 1977.
ment is: 14 CM miner— 11 feet wide, 35 Persons interested in this petition may
[FR Doc.77-12585 Filed 5-2-77;8:45 am]
feet long, 34 inches high; roof bolter— request a hearing on the petition or fur­
nish comments on or before June 2,1977.
8Yz feet wide, 12 feet long, 24 inches Such requests or comments must be filed
[Docket No. M77-166]
high; tractor— 9 feet wide, 16 feet long, with the Office of Hearings and Appeals,
25 inches high; scoop— 9 feet wide, 23& Hearings Division, U.S. Department of PONTIKI COAL CORP.
feet long, 24 inches high; scoop— 8V2 feet the Interior, 4015 Wilson Boulevard, A r­ Petition for Modification of A p p licatio n of
wide, 25 feet long, 27 inches high. Mandatory Safety Standard
lington, Virginia 22203. Copies of the
4. Petitioner’s mine produces 200 tons petition are available for inspection at Notice is hereby given that in ac­
of coal with two shifts per day. Cab and that address. cordance with the provisions of section
canopy installation will cut production D avid T o rbe tt ,
301(c) of the Federal Coal Mine Health
Acting Director, and Safety Act of 1969, 30 U.S.C. § 861
by 50 percent per day. Petitioner uses the (c) (1970), Pontiki Coal Corp., Box 57,
continuous mining method. The average Office of Hearings and Appeals.
Lovely, Kentucky 41231, has filed a peti­
room size o f each working section where [F R Doc.77-12584 Filed 5-2-77:8:45 am] tion to modify the application of 30

FEDERAL REGISTER, VOL. 42 , NO. 85— TUESDAY, MAY 3, 1977

 NOTICES 22423

CFR 75.1710, cabs or canopies, to its c. The “ Slab Fork Portal’’ fo r supplies regulation, all workers who couple and
Pontiki No. 1 Mine, located in Martin is a slope entry. Supply cars are pulled to uncouple supply and rock loading cars
County, Kentucky. the surface by use of a hoist and set off will be trained and instructed in the
The substance of petitioner’s state­ on an adjacent track for receiving sup­ proper operation and use of the coupling
ment is as follows: plies. Only two cars at a time can be levers and link aligners and their proper
1. Petitioner’s equipment oonsists of: hoisted to the surface. use will be a mandatory requirement for
joy 15RU cutting machine— Ser. No. d. Supplies necessary to mining are coupling and uncoupling of all supply
18347— 38" high. Joy 14BU10-11BKK varied requiring many separate cars to be arid rock loading cars.
loading machine— Ser. No. 10361— 35" used. The supplies are stored inside the n. The alternative system for coupling
mine in the cars on side tracks adjacent and uncoupling mine supply and rock
high. . . loading cars will at all times guarantee to
2. The present mmimum coal height to the main line track. Individual supply
is 42 inches where this equipment is to cars are switched onto or from these stor­ the miners in this mine no less than the
be used. Petitioner plans to use header age tracks as needed. same measure of protection sought to be
boards to aid in its roof support. e. Supply cars are placed at each belt accomplished by automatic couplers; and
3. Petitioner feels that a cab or canopy head when transporting supplies on each will, under the particular conditions and
on this equipment would so lestrict the section. Each belt head is located either lay-outs pertaining to supplying, and to
operator’s vision that hazards would be on a side track adjacent to the main line the loading of rock at this particular
created which would exceed any benefits track, or, if necessary, near the end of mine, eliminate certain hazards which
to be gained by the use of the cab or a main line track. The supply cars must would be encountered if automatic
canopy. be switched to and from these supply couplers were mandated.
R eq u est for H ear ing or Com m ents
points. R e qu est fo r H e ar ing or C o m m ents
f . Upon removal of all supplies from a
Persons interested in this petition may car, the car -is shifted out of the train Persons interested in this petition may
request a hearing on the petition or fur­ of supply cars and returned to a por­ request a hearing on the petition or fu r­
nish comments on or before June 2,1977. tal for reloading. nish comments on or before June 2, 1977.
Such requests or comments must be filed g. Rock loading at this mine is accom­ Such requests or comments must be filed
with the Office of Hearings and Appeals, plished by using a continuous or mobile with the Office of Hearings and Appeals,
Hearings Division, U.S. Department of loading machine which load directly into Hearings Division, U.S. Department of
the Interior, 4015 Wilson Boulevard, rock cars at the end of the machine by the Interior, 4015 Wilson Boulevard, A r­
Arlington, Virginia 22203. Copies of the a locomotive. When loaded, it is pulled lington, Virginia 22203. Copies of the pe­
petition are available for inspection at from the loading area and switched to an tition are available for inspection at that
that address. adjacent track. Another car is placed in address.
D avid T o r b e tt , loading position and the process repeated. D avid T o r b e tt ,
Acting Director, h. When several cars have been loaded, Acting Director,
Office of Hearings and Appeals. they are transported to a rotary dump Office of Hearings and Appeals.
where they are unloaded. The cars are
A p r il 25,1977. then returned to the rock loading area A p r il 25, 1977.
[PR Doc.77-12586 Piled 5-2-77;8:45 am] or reloading. [F R Doc.77-12587 Filed 5-2-77; 8:45 am]
i Supply cars and rock loading cars
[Docket No. M77-167] empty or loaded) are transported to and
[Docket No. M77-164]
rom portals and rotary dump area by
SLAB FORK COAL CO. lectric locomotives in unit trips over a V & R COAL CO., INC.
Petition for Modification of Application of ail haulage system. Lead and Petition for Modification of Application of
Mandatory Safety Standard aotives are coupled to these trips. When Mandatory Safety Standard
witching of cars is necessary, one loco-
Notice is hereby given that in accord­ notive is uncoupled and the cars Notice is hereby given that in accord­
ance with the provisions of section 301 witched to the location necessary by the ance with the provisions of section 301
(c) of the Federal Coal Mine Health •emaining locomotive coupled to tne (c) of the Federal Coal Mine Health and
and Safety Act of 1969, 30 U.S.C. 861(c) Safety Act of 1969, 30 U.S.C. 861(c)
(1970), Slab Fork Coal Company, P.O. %. Petitioner requests in lieu of the reg- (1970), V & R Coal Co., Inc., P.O. Box
Box- 553, Charleston, West Virginia llation that it be permieted to provide aU 1026, Mullens, West Virginia 25882, has
25322, has filed a petition to modify the rack supply and rock loading cars with filed a petition to modify the application
application of 30 CFR 75.1405, automatic t lever system permanently mounted on of 30 CFR 75.1710, cabs or canopies, to
couplers, to its Slab Fork No. 8 Mine, he pin end of the car. The lever system its No. 19-A Mine, located in Itmann
located in Wyoming County, West V ir­ vill enable a worker to lower the pin County, West Virginia.
ginia. o couple the cars or lift the pm from The substance of Petitioner’s state­
The substance of Petitioner’s state­ h e car bumper sufficiently to uncouple ment is as follows:
ment is as follows: he cars. The lever can be latched in a 1. Petitioner requests modification of
1. Petitioner avers that it has an al­ iotch welded on the end of the mine car the regulation regarding its underground
ternative method which will guarantee to that the pin can be maintained in an mining equipment because the regula­
no less than the same measure of protec­ ■up” position until there is occasion to tion is detrimental to the safety of its
tion as would be afforded by the manda­ ise the lever again to lower the pin operators.
tory standard, and in support thereof 2. Petitioner’s equipment consists of
states: The lever will extend toward both one 32 Lee-Norse miner.
a. Petitioner requests that the regula­ sides of the car and will be of s u c h length 3. W ith the addition of canopies the
tion be modified to permit the use of its is to obviate the worker placing himself height of equipment is raised to 48
existing supply cars and rock loading fVtn m i n P PilTS to DOSitlOH til© inches. Due to the uneven roadway of its
cars altered as hereinafter described. mine, this height is not feasible and is
b. Supplies for this mine are received l. Detailed specifications for the cou­ unsafe.
at two separate portals. The “ Tams pling lever, link aligners, and proposed 4. Canopy replacement has been made
Portal’’ is a drift portal and the track coupling and uncoupling linkage for the several times on Petitioner’s equipment,
outside upon which supply cars are but each time the canopy has been dis­
loaded is limited in length with no ap­ Slab Fork No. 8 Mine Track Haulage lodged from the miner, causing near ac­
parent means for lengthening the track supply and rock loading cars have been cidents to the operator.
available. Supplies are loaded into three prepared. In addition the coupling-un­ 5. I t is because of dangers to the op­
or four cars. These cars then must be coupling levers and the link aligners have erators that Petitioner requests this P e­
switched out and more cars located at been designed and prototypes prepared. tition. The application o f this statute
the same place for further loading of causes a more serious threat of injury or
supplies. Unitized trains are extremely m. I f the foregoing alternative is per­
mitted in lieu of the requirements of the death to the operator than would be
difficult to handle at this point.
FEDERAL REGISTER, VOL. 42, NO. ¿5 — TUESDAY, MAY 3, 1977
22424 NOTICES
necessitated without such application (c) o f the Federal Coal Mine Health and tition are available fo r inspection at
of the regulation. Safety A ct o f 1969, 30 U.S.C. 861(c) that address.
R e q u ests fo r H ear ing or Com m ents
(1970), Winston Mining Company, Box D av id T o rbett ,
227, Vansant, Virginia 24656, has filed Acting Director, Office
Persons interested in this petition may a petition to modify the application of of Hearings and Appeals.
request a hearing on the petition or 30 CFR 75.1710, cabs and canopies, to its
furnish comments on or before June 2, A p r il 25, 1977.
Winston No. 9 Mine, located in Buchan­
1977. Such requests or comments must be an County, Virginia. [F R Doc.77-12590 Filed 5-2-77:8:45 am]
filed with the Office of Hearings and A p­ The substance of Petitioner’s state­
peals, Hearings Division, U.S. Depart­ ment is as follows:
ment of the Interior, 4015 Wilson Boule­ [Docket No. M77-153]
1. The mine is approximately 4 years
vard, Arlington, Virginia 22203. Copies old. Petitioner has owned and operated WINSTON MINING CO.
o f the petition are available for inspec­ the mine for 4 years. The projected life
of the mine is 4 years. There has been no Petition for Modification of Application of
tion at that address. Mandatory Safety Standard
recent rehabilitation of the mine. Peti­
D avid T o rbett , Notice is hereby given that in accord­
tioner employs 93 men and they are not
Acting Director, represented by a labor union. ance with the provisions o f section 301
Office of Hearings and Appeals. 2. Th e mine is located in the Widow (c) o f the Federal Coal Mine Health
A pr il 25, 1977. Kennedy Seam and the thickness of the and Safety Act of 1969, 30 U.S.C. § 861
[F R Doc.77-12589 Piled 5-2-77; 8:45 am] - coal seam is 32 inches. The average (c) (1970), Winston Mining Company,
height of the coal seam is 36 inches in Box 227, Vansant, Virginia 24656, has
locations where equipment, subject to filed a petition to modify the application
[Docket No. M 77-152] of 30 CFR 75.1710, cabs and canopies, to
cab and canopy regulation, is being used.
WINSTON MINING CO. The lowest height of the coal seam is 36 its Winston No. 10 Mine, located in Bu­
inches and the distance o f the low height chanan County, Virginia.
Petition for Modification of Application of
Mandatory Safety Standard is 500 feet. \ The substance o f Petitioner’s state­
ment is as follows:
Notice is hereby given that in accord­ 3. Petitioner’s equipment consists of 1. The mine is approximately 2 years
ance with the provisions of section 301 the following: old. Petitioner has owned and operated
the mine for 2 years. The projected life
Height Width Length Type Type Serial No. o f the mine is 20 years. There has not
been recent rehabilitation o f the mine.
22 in ..............
15CM miner__ _______Joy_____ ____ JM 2170 Petitioner employs 78 men and they are
8534 ft ..... 14f!M4 miner — . .- Joy.............. JM 2075 not represented by a labor union.
28)4 in--------------- . 21 SC shuttle car___ — Joy--------- - . E T 11078'
28 in____ 118 in................. _ 25 ft.............. E T 11077 2. The mine is located in the Jawbone
118 in«. -------- Joy_________
28 in__________— E T 11998
10 ft 5 in________ __ 27 ft..............
29 in. ------ ------
18 SC shuttle ear..—.___Joy................
E T 12003
Seam and the thickness of the coal seam
27 ft T .
29 in- .......- ___ Galis_________ 43076-1 is 42 inches. The average height of the
24 in_______ —— 93 in___________ - ___ i __do........ 10297-6
93 in----- -------- 15 ft— _______ coal seam is 42 inches in locations where
24 in____________ 93 in_________ _ equipment, subject to cab and canopy
regulation, is being used. The lowest
4. Petitioner’s mine produces 500 tons higher coal. Such equipment must be ca­ height of the coal seam is 30 inches and
of coal with four shifts per day. Cab and pable of traversing the lowest sections of the distance of the low height is 1,000
canopy installation will cut production the mine smoothly and safely. Cabs and feet.
by 50 percent per day. Petitioner uses canopies in low coal create the danger 3. Petitioner’s equipment consists of
the continuous mining method. The av­ of limiting vision, cramping (and pos­ the following: 14CM Joy miner, 18SC
erage room size of each working section sibly trapping) the operator during the shuttle cars, 21SC shuttle cars, 300 Galis
where equipment is used is 60 by 60 cen­ workshift, and endangering personnel pinners. The height, length and width
ters, 18 feet wide. In these locations the working in the vicinity of the equipment. o f each piece of equipment is: Joy min­
top is irregular. The floor is irregular N ote.— Unlike high coal, low coal cabs and er-31 inches high, 35 inches long; 18SC
and rough in places. canopies must generally be placed on one shuttle car-36 inches high, 27 inches
5. Petitioner is operating in very low side o f m ining equipment, thus making it long; 21 SC shuttle car-38 inches high,
coal. As a result, when cabs or canopies impossible for the operator to see anything 21 inches long; 300 Galis roof drill-28
on the other side. inches high, 14 inches long.
are placed on its equipment, the opera­
tor is “ trapped” on one side. His vision In addition, the Virginia Division of 4. Petitioner’s mine produces 600 tons
is obscured or blocked because of the Mines and Quarries has issued closure of coal with four shifts per day. Cab and
cramped position. orders in coal as high as 50 inches in canopy installation will cut production
6. Petitioner’s equipment is 3 months other mines near Petitioner’s until such by 50 percent per day. Petitioner uses the
to 1 year old. The roof fall prevention time as the operator therein removed its continuous mining method. The average
techniques used consist of roof bolting cabs and canopies, considering such room size of each working section where
per an approved plan. Petitioner wants equipment unsafe and thus acting in a equipment is used is 60 by 60 centers, 18
this modification for as long as it is op­ manner which directly conflicts with feet wide. In these locations the top is
erating in coal below 48 inches. Peti­ Federal Regulation. WeH-intentioned slate and sandstone. The floor contains
tioner will train its employees regarding regulations requiring cabs and canopies fair-dips and humps.
the modified system. in coal below 48 inches present a dan­ 5. Petitioner is operating in very low
7. The mine operator has an on-going gerous situation, whereas safety pro­ coal. As a result, when cabs or canopies
and comprehensive safety instructional grams, good roof bolting plans, and com­ are placed on its equipment, the operator
program which includes instruction pro­ petent monitoring by qualified personnel is “ trapped” on one side. His vision is
vided by MESA personnel through op- provide a safe working environment. obscured or blocked because of the
eratôr invitation. R equest for H earing or C omments cramped position.
8. Requiring cabs and canopies on 6. Petitioner’s equipment is 2 years old
equipment being operated in coal below Persons interested in this petition may or new. The roof fall prevention tech­
48 inches is unrealistic, impractical and request a hearing on the petition or fu r­ niques used, consist of roof bolting per an
unsafe. Section 75.1710-1(4) et seq. at­ nish comments on or before June 2,1977. approved plan. Petitioner wants this
tempts to oversimplify what is actually Such requests or comments must be filed modification for as long as it is operating
a very complicated situation. Coal seams with the Office of Hearings and Appeals, in coal below 48 inches. Petitioner will
under 48 inches vary in height through­ Hearings Division, U.S. Department of
out the terrain, requiring more special­ the Interior, 4015 Wilson Boulevard, A r­ train its employees regarding the modi­
ized equipment than which is used in lington, Virginia 22203. Copies of the pe­ fied system.

FEDERAI REGISTER, VOL. 42, NO. 85— TUESDAY, MAY 3, 1977

 NOTICES 22425
7. The mine operator has an on-going The substance of Petitioner’s state­ orders in coal as high as 50 inches in
and comprehensive safety instructional ment is as follows: other mines near Petitioner’s, until such
program which includes instruction pro­ 1. The mine is approximately 4 years time as the operator therein removed its
vided by MESA personnel through oper­ old. Petitioner has owned and operated cabs and canopies, considering such
ator invitation. the mine fo r 4 years. There has been no equipment unsafe and thus acting in a
8. Requiring cabs and canopies on recent rehabilitation of the mine. Peti­ manner, which directly conflicts with
equipment being operated in coal below tioner employs 94 men and they are not Federal Regulations. Well-intepfioned
48 inches is unrealistic, impractical and represented by a labor union. regulations requiring cabs and canopies
unsafe. Section 75.1710-1 (4) et seq. 2. The mine is located in the Widow in coal below 48 inches present a danger­
attempts to oversimplify what is actually Kennedy Seam and the thickness of the ous situation, whereas safety programs,
a very complicated situation. Coal seams coal seam is 38 inches in locations where good roof bolting plans, and competent
under 48 inches vary in height through­ equipment, subject to cab and canopy monitoring by qualified personnel pro­
out the terrain, requiring more special­ regulation, is being used. The lowest vide a safe working environment.
ized equipment than that which is used height of the coal seam is 28 inches, and R eq u est for H ear ing or C om m ents
in higher coal. Such equipment must be the distance of the low height is 400
capable of traversing the lowest sections feet. Persons interested in this petition may
of the mine smoothly and safely. Cabs 3. Petitioner’s equipment consists of request a hearing on the petition or fu r­
and canopies in low coal create the the following: 14 CM continuous miner; nish comments on or before June 2,1977.
danger of limiting vision, cramping 18SC shuttle car and Galis 300. The Sjuch requests or comments must be filed
(and possibly trapping) the operator height, length and width of each piece with the Office of Hearings and Appeals,
during the workshift, and endangering of equipment is: shuttle car, 10 feet wide, Hearings Division, U.S. Department c l
personnel working in the vicinity of the 26 feet long, 32 inches high; miner, 11% the Interior, 4015 Wilson Boulevard,
equipment. feet wide, 26 feet long, 29 inches high; Arlington, Virginia 22203. Copies of the
Galis roof bolter, 8 feet wide, 15 feet petition are available for inspection at
N o t e .— Unllde high coal, low coal cabs and
canopies must generally be placed on one long, 25 inches high. that address.
side of mining equipment, thus making it 4. Petitioner’s mine produces 750 tons D avid T o rbett ,
impossible for the operator to see anything of coal with two shifts per day. Cab and Acting Director,
on the other side. canopy installation will cut production Office of Hearings and Appeals.
by 50 percent per day. Petitioner uses the
In addition, the Virginia Division of A pril 25, 1977.
continuous mining method. The average
Mines and Quarries has issued closure room size of each working section where
orders in coal as high as -50 inches in [F R Doc.77-12592 Filed 5-2-77; 8:45 am]
equipment is used is 40 inches high, 28
other mines near Petitioner’s, until such feet wide. In these locations the top is
time as the operator therein removed its sluggy and hard. The floor is hard. [Docket No. M 77-155]
cabs, and canopies, considering such 5. Petitioner is operating in very low
equipment unsafe and thus acting in a coal. As a result, when cabs or canopies YO U N G ’S BRA N CH C O A L CO .
manner which directly conflicts with are placed on its equipment the operator Petition for Modification of Application of
Federal Regulation. -Well-intentioned is “ trapped” on one side. His vision is M andatory Safety Standard
regulations requiring cabs and canopies obscured or blocked because of the
in coal below 48 inches present a danger­ cramped position. Notice is hereby given that in accord­
ous situation, whereas safety programs, ance with the provisions of section 301
6. Petitioner’s equipment is 1 to 2 years (c) of the Federal Coal Mine Health and
good roof bolting plans, and com­ old. The roof fall prevention techniques
petent monitoring by qualified personnel used consist of roof bolting per an ap­ Safety Act of 1969, 30 U.S.C. 861(c)
provide a safe working environment. (1970), Young’s Branch Coal Co., Box
proved plan. Petitioner wants this modi­ 227, Vansant, Virginia 24656, has filed a
R e qu est for H e ar ing or C o m m e n t s fication for as long as it is operating in petition to modify the application of 30
Persons interested in this petition may coal below 48 inches. Petitioner will train CFR 75.1710, cabs or canopies, to its
request a hearing on the petition or fur­ its employees regarding the modified Young’s Branch No. 14 Mine, located in
systems. Buchanan County, Virginia.
nish comments on or before May 1977.
Such requests or comments must be filled 7. The mine operator has an ongoing The substance of Petitioner’s state­
with the Office of Hearings and Appeals, and comprehensive safety instructional ment is as follows:
Hearings Division, U.S. Department of program which includes instruction pro­ 1. The mine is approximately 1%
the Interior, 4015 Wilson Boulevard, A r­ vided by MESA personnel through op­ years old. Petitioner has owned and op*
erator invitation. erated the mine for 1% years. The pro­
lington, Virginia 22203. Copies of the pe­
tition are available for inspection at that 8. Requiring cabs and canopies on jected life of the mine is 2 years. There
address. equipment being operated in coal below has been no recent rehabilitation of the
48 inches is unrealistic, impractical and mine. Petitioner employ 83 men and they
D avid T o rbett ,
Acting Director, unsafe. Section 75.1710-1(4) et seq. at­ are not represented by a labor union.
tempts to oversimplify what is actually 2. The mine is located in the Widow
Office of Hearings and Appeals.
a very complicated situation. Coal seams Kennedy seam and the thickness of the
A p r il 25,1977. under 48 inches vary in height through­ coal seam is 6 feet. The average height of
[FR Doc.77-12591 Filed 5-2-77;8:45 am} out the terrain, requiring more special­ the coal seam is 6 feet in locations where
ized equipment than that which is used equipment, subject to cab and canopy
in higher coal. Such equipment must be regulation is being used. The lowest
[Docket No. M77-154] capable of traversing the lowest sections height of the coal seam is 28 to 30 inches
o f the mine smoothly and safely. Cabs and the distance o f the low height is 600
V ftlN S T O N M INING CO .
and canopies in low coal create the dan­ feet.
Petition for M odification of Application of gers of limiting vision, cramping (and
M andatory Safety Standard possibly trapping) the operator during 3. Petitioner’s equipment consists of
the following: 14BU Joy loaders; 16 RB
Notice is hereby given that in accord­ the workshift, and endangering person­ cutting machines; 300 Galis roof bolters;
ance with the provisions of section 301 nel working in the vicinity of the equip­ CDB-2000A Schroeder coal drills; and
(c) of the Federal Coal Mine Health and ment. 18SC Joy shuttle cars. The height,
Safety Act of 1969, 30 U.S.C. 861(c) N o t e .— Unlike high coal, low coal cabs and length and width of each piece of equip­
(1970), Winston Mining Company, Box canopies must generally be placed on one ment listed is: 14BU loaders— 24 inches,
277, Vansant, Virginia 24656, has filed a side o f m ining equipment, thus making it 221 inches, 9% inches; 16 RB cutters—
Petition to modify the application o f 30 impossible for the operator to see anything 24 inches, 442 inches, 107 inches; 300
CFR 75.1710, cabs , and canopies, to Its on the other side. Galis roof bolters— 24 inches; 174%
Winston No. 13 Mine, located In Bu­ In addition, the Virginia Division of inches, 93 inches; Schroeder face drills
chanan County, Virginia. Mines and Quarries has issued closure — 25 inches, 363 inches, 86% inches;

FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, MAY 3, 1977

22426
18SC shuttle cars— 24 Inches, and 324
inches.
4. Petitioner’s mine produces 500 tons
of coal with two shifts per day. Cab and
canopy installation will cut production
by 50 percent per day. Petitioner uses
the conventional mining method. The
average room size of each working sec­
tion where equipment is used Is 6 feet
high, 20 feet wide. In these locations the
top is good. The floor is dry.
5. Petitioner is operating in very low
coal. As a result, when cabs or canopies
are placed on its equipment, the opera­
tor is “ trapped” on one side. His vision
is obscured or blocked because o f the
cramped position.
6. Petitioner’s equipment is 4 months
to 1 year old. The roof fa ll prevention
techniques used consist of roof bolting
per an approved plan. Petitioner wants
this modification for as long as it is op­
erating in coal below 48 inches. Peti­
tioner will train its employees regarding
the modified systems,
7. The mine operator has an on-going
and comprehensive safety instructional
program which includes instruction pro­
vided by MESA personnel through op­
erator invitation.
8. Requiring cabs and canopies on
equipment being operated in coal below
48 inches is unrealistic, impractical and
unsafe. Section 75.1710-1(4) et sbq. at­
tempts to oversimplify what is actually
a very complicated situation. Coal seams
under 48 inches vary in height through­
out the terrain, requiring more special­
ized equipment than that which is used
in higher coal. Such equipment must be
capable o f traversing the lowest sections
o f the mine smoothly and safely. Cabs
and canopies in low coal create the dan­
gers of limiting vision, cramping (and
possibly trapping) the operator during
the workshift, and endangering person­
nel working in the vicinity of the equip­
ment. (Note: Unlike high coal low coal
cabs and canopies must generally be
placed on one side of mining equipment,
thus making it impossible for the opera­
t o r to see anything on the other side.)
In addition, the Virginia Division of
Mines and Quarries has issued closure
orders in coal as high as 50 inches in
other mines near Petitioner’s until such
time as the operator therein removed
its cabs and canopies, considering such
equipment unsafe and thus acting in a
manner which directly conflicts with
Federal regulation. Well-intentioned
regulations requiring cabs and canopies
in coal below 48 inches present a danger­
ous situation, whereas safety programs,
good roof bolting plans, and competent
monitoring by qualified personnel pro­
vide a safe working environment.
R equest for H earing or C omments
Persons interested in this petition may
request a hearing on the petition or fur­
nish comments on or before June 2,1977.
Such requests or comments must be filed
with the Office of Hearings and Appeals,
Hearings Division, U.S. Department of
the Interior, 4015 Wilson Boulevard, A rl­
ington, Virginia 22203. Copies of the pe-
NOTICES
tition are available for inspection at that of the mine smoothly and safely. Cabs
address. and canopies in low coal create the
D avid T o rbett , dangers of lim iting vision, cramping
Acting Director, (and possibly trapping) the operator
Office of Hearings and Appeals. during the working shift, and endanger­
A p r il 25, 1977. ing personnel working in the vicinity of
the equipment. (NOTE: Unlike high
[P R Doc.77-12593 Filed 5-2-77;8:45 am] coal, low coal cabs and canopies must
generally be placed on the side of min­
[Docket No. M 77-156] ing equipment, thus making it impossible
fo r the operator to see anything on the
YO U N G ’S BRA N CH C O A L CO. other side.) In addition, the Virginia Di­
Petition for Modification of Application of vision of Mines and Quarries has issued
M andatory Safety Standard closure orders in coal as high as 50
inches in other mines near Petitioner’s
Notice is hereby given that in accord­ until such time as the operator therein
ance with the provisions o f section 301 removed its cabs and canopies, consid­
(c) of the Federal Coal Mine Health and ering such equipment unsafe and thus
Safety Act of 1969, 30 U.S.C. 861(c) acting in a manner which directly con­
(1970) , Young’s Branch Coal Co., Box flicts with Federal Regulation. Well-
277, Vansant, Virginia 24656, has filed a intentioned regulations requiring cabs
petition to modify the application of 30 and canopies in coal below 48 inches
CFR 75.17J.0, cabs and canopies, to its present a dangerous situation, whereas
Young’s Branch No. 15 Mine, located in safety programs, good roof bolting plans,
Buchanan County, Virginia. and competent monitoring by qualified
The substance of Petitioner’s state­ personnel provide a safe working envi­
ment is as follows: ronment.
1. The mine is approximately 1 year
old. Petitioner has owned and operated R equest for H earing or C omments
the mine for 1 year. The projected life of Persons interested in this petition may
the mine is 15 years. There has been no request a hearing on the petition or fur­
recent rehabilitation of the mine. P e­ nish comments on or before June 2,1977.
titioner employs 30 men and they are not Such requests or comments must be filed
represented by a labor union. with the Office of Hearings and Appeals,
2. The mine is located in the Red Ash Hearings Division, U.S. Department of
Seam, and the thickness of the coal seam the Interior, 4015 Wilson Boulevard, Ar­
is 28 inches. The lowest height of the coal lington, Virginia 22203. Copies o f the pe­
seam is 26 inches. tition are available for inspection at that
3. Petitioner’s equipment consists of address.
the following: 15 CM Joy miner and 18SC
Joy shuttle cars. D avid T o rbe tt ,
Acting Director,
4. Petitioner’s mine produces 100 tons
of coal with two shifts per day. Petitioner Office of Hearings and Appeals.
uses the continuous mining method. The
A p r il 25, 1977.
average room size of each working sec­
tion where equipment is used is 60 x 70
[P R Doc.77-12594 Plied 5-2-77;8:45 am]
feet center. In these locations the top is
shale. The floor is sandstone.
Office of the S ecretary
5. Petitioner is operating in very low
coal. As a result, when cabs or Canopies [Order No. 3003]
are placed on its equipment, the opera­ TR A N S-ALASK A P IP E L IN E
tor is “ trapped” on one side. His vision
Organizational and Functional
is obscured or blocked because of the R esponsibilities
cramped position.
6. Petitioner's equipment is 6 months Sec. 1 Purpose. The purpose of this
old. The roof fall prevention techniques Order is to repeal Orders No. 2960, 2961,
used consist of roof bolting per an ap­ and 2972, and substitute therefor new
proved plan. Petitioner wants this modi­ supervisory and management responsi­
fication for as long as it is operating in bilities for Department of the Interior
coal below 48 inches. Petitioner will train supervision of the Trans-Alaska Pipeline
its employees regarding the modified System; and reaffirmation of prior dele­
systems. gation of authority to the Director, Bu­
7. The mine operator has an ongoing reau of Land Management to issue
and comprehensive safety instructional pipeline rights-of-way pursuant to sec­
program which includes instruction pro­ tion 28 of the Mineral Leasing Act, as
vided by MESA personnel through oper­ amended, 30 U.S.C. 185 (Supp. 1975), on
ator invitation. lands administered by the Bureau of
Land Management or by two or more
8. Requiring cabs and canopies on
Federal agencies.
equipment being operated in coal below
48 inches is unrealistic, impractical and Sec. 2 Authority. This Order is issued
unsafe. Section 75.1710—1(4) et seq. at­ in accordance with the authority pro­
tempts to oversimplify what is actually vided by Section 2 of R eorgan ization
a very complicated situation. Coal seams Plan No. 3 of 1950 (64 Stat. 1262), Ex­
under 48 inches vary in height through­ ecutive Order 10480 of August 14, 1953,
out the terrain, requiring more special­
ized equipment than that which is used as amended (18 F.R. 4939), and Defense
in higher coal. Such equipment must be Mobilization Order 8400.1 of November 6,
capable of traversing the lowest sections 1963 (28 F.R. 12164),
REGISTER, VOL. 42, NO. 85— TUESDAY, MAY I, 1977

Sec. 3 Responsibility. Supervisory,
management and support responsibilities
are assigned as follows:
(a) The Under Secretary. H ie Under
Secretary is the principal Departmental
official responsible to the Secretary for
Trans-Alaska Pipeline matters. He su­
pervises the work of the Assistant Sec­
retary—Land and Water Resources in
the day-to-day management of Trans-
Alaska Pipeline operations within the
Department. He serves as Chairman of
the Federal Task Force on Alaska Oil
Development and resolves internal jur­
isdictional and other conflicts which may
arise within the Department.
(b) The Assistant Secretary— Land
and Water Resources. The Assistant
Secretary— Land and Water Resources,
is the principal Department official re­
sponsible for day-to-day managment of
Trans-Alaska Pipeline matters, and
under the direction of the Under Secre­
tary coordinates the contact with Con­
gressional Committees, pipeline officials
and the general public. He supervises the
Department's Authorized Officer.
(c) Authorized Officer. There is hereby
established the position o f Authorized
Officer, referred to in the “ Agreement
and Grant of Right-of-W ay for Trans -
Alaska Pipeline”, and in the Stipulations
thereto. The Authorized Officer is re­
sponsible for ensuring compliance with
the terms and conditions of the “Agree­
ment and Grant of Right-of-W ay for
Trans-Alaska Pipeline,” and other terms
and conditions placed on rights-of-way,
permits, and leases Issued pursuant to
the Trans-Alaska Pipeline Authorization
Act of November 16, 1973, Pub. L. 93-
153, 87 Stat. 584, which relate to the
construction, operation, maintenance, or
termination of the Trans-Alaska Pipe­
line System, and any stipulations at­
tached to such authorizations. Addition­
ally, the Authorized Officer is responsible
for taking necessary steps to enforce the
terms and conditions of the above au­
thorizations; protecting Federal interests
relating to the Trans-Alaska Pipeline;
monitoring of the Permittees and their
agents, contractors and subcontractors;
and coordinating monitoring activities
with State of Alaska government offi­
cials.
(d) Technical Assistant to the Assis­
tant Secretary—Land and Water R e­
sources. The Technical Assistant to the
Assistant Secretary—‘Land and Water
Resources provides advice and guidance
on the Trans-Alaska Pipeline issues and
Problems which are referred to the Un­
der Secretary and Assistant Secretary—
Land and Water Resources for solutions
or decisions; assesses the adequacy, qual­
ity and effectiveness of the Authorized
Officer’s level of effort, technical and en­
vironmental judgments and actions, and
responsiveness to problems which arise
in the course of pipeline construction;
coordinates Trans-Alaska Pipeline intra­
agency matters in Washington and re­
sponds to requests for technical assis­
tance from the Authorized Officer. He
serves as Chairman of the Technical Ad­
visory Board of the Federal Task Force
on Alaska oil Development.
FEDERAL REGISTER,-VOL. 42, NO. 85— TUESDAY, MAY 3, 1977
NOTICES 22427
(e) Director, Bureau of Land Manage­ I I o f the Act Of November 16, 1973, Pub.
ment. The Director, Bureau of Land L. 93-153, 87 Stat. 576 (Amendments to
Management will make available to the the Mineral Leasing Act of 1920 and
Authorized Officer the personnel of the Trans-Alaska Pipeline Authorization
Division of Pipeline, Alaska State O f­ Act) is hereby delegated to the Director,
fice, for the duration of the construction Bureau of Land Management except any
o f the Trans-Alaska Pipeline; and such authority of the Secretary or the Au­
other personnel and expertise as the Au­ thorized Officer under the “ Agreement
thorized Officer may from time to time and Grant of Right-of-W ay for Trans-
require. Such personnel will be under Alaska Pipeline” , including the author­
the direction and supervision of the Au­ ity to amend or modify said “ Agree­
thorized Officer. ment” ; Provided, That all authorizations,
(f ) Director, Fish and W ildlife Service including but not limited to rights-of-
and Director, Geological Survey. The Di­ way, permits, and leases, issued under
rector, Fish and W ildlife Service and the the Trans-Alaska Pipeline Authorization
Director, Geological Survey will make Act of November 16, 1973, 87 Stat. 584,
available to the Authorized Officer such which relate to the construction, opera­
personnel and expertise as the Author­ tion, maintenance or termination of the
ized Officer may from time to time re­ trans-Alaska oil pipeline system will be
quire. Personnel provided will be under issued only with the concurrencé of the
the direction and supervision of the au­ Authorized Officer as described in Sec. 4
thorized Officer. (a ) of this Order, and will be delivered
(g) Other Bureaus and-Officers. Other to the applicant by the Authorized Officer.
bureaus and offices will cooperate by pro­ (c) Redelegation. The iauthority
viding any assistance and personnel granted in sections 4(a) and 4(b) of this
which the Authorized Officer may from Order may be redelegated.
time to time require. Sec. 5. Revocation. This Order super­
Sec. 4 Secretarial Delegation of sedes Order No. 2960 dated January 23,
Authority. 1974 (39 F R 5645), Order No. 2961 dated
(a ) Authorized Officer. The Authorized February 6,1974 (39 F R 6749), and Order
Officer is delegated: No. 2972 dated February 24, 1975 (40
(1) The authority of the Secretary ofFR 8837).
the Interior necessary to perform the Sec. 6 Effective date. This Order is
functions specified for the Authorized effective immediately. Its provisions will
Officer in the “ Agreement and Grant of remain in effect until termination of the
Right-of-W ay for Trans-Alaska Pipe­ Trans-Alaska Pipeline, or until it is
line” , including the Stipulations thereto; amended, superseded, or revoked, which­
and for ensuring compliance with the ever occurs first.
terms and conditions o f other authoriza­ Dated: April 26,1977.
tions, including, but not limited to,
rights-of-way, any permits and leases is­ C e c il D. A n d r u s ,
sued pursuant to the Trans-Alaska Pipe­ Secretary.
line Authorization Act o f November 16, [F R Doc.77-12595 Filed 5-2-77;8:45 am]
1973, Pub. L. 93-153, 87 Stat. 584, which
relate to the construction, operation,
INTERNATIONAL TRADE
maintenance, or termination of the
Trans-Alaska Oil Pipeline System, and COMMISSION
any stipulations attached to such [332-82]
authorizations.
P R O B A B LE D O M ESTIC IM PACT O F CH AN G ­
<2) The authority, subject to the lim i­ ING FROM C U R R E N T “ C H IE F V A LU E”
tation contained in Part 205 of the De­ M ETH O D O F C LA S S IF Y IN G T E X T IL E
partmental Manual, to enter into pro­ IM PO RTS TO " C H IE F W EIG H T” M ETHOD
curement contracts and amendments or
modifications thereof. Tim e and Place of Upcom ing H earings in
(3) The authority of the Secretary of New York, Los Angeles, and W ashington,
the Interior under the Defense Produc­ D .C.
tion Act insofar as it pertains to the De­ Notice is hereby given that the final 3
partment of the Interior’s serving as public hearings in this matter scheduled
claimant for the materials and equip­ for New York, Los Angeles, and Wash­
ment for which priorities and allocation ington, D.C., will be held at the following
support is being provided, or may be pro­ places and times.
vided, to the Trans-Alaska Pipeline Sys­ The public hearing scheduled for New
tem and facilities related to its support York City will be held on May 10, 1977,
and supply pursuant to section 101(a) of at 10 am., e.d.t., in the auditorium of the
the Act, under systems administered by U.S. Mission to the United Nations, 799
the Department Of Commerce and uti­ U.N. Plaza (45th Street and First Ave­
lized to furnish such priorities and al­ nue) , New York City. All persons desiring
location support in accordance with the to attend must enter at the 45th Street
joint authorization of the Director, Fed­ entrance, as this will be the only means
eral Preparedness Agency, General Serv­ of access permitted to the public.
ices Administration, and the Administra­ The public hearing scheduled for Los
tor, Federal Energy Administration, Angeles will be held on May 24, 1977, at
dated September 23,1974, and December 10 a.m., p.d.t., in room 8544 of the Fed­
30, 1974 (39 FR 34608 and 40 FR 26, 27) eral Building, 300 North Los Angeles
and amendments thereto. Street, Los Angeles, California.
(b) Director, Bureau of Land Manage­ The final hearing scheduled for Wash­
ment. All authority granted to the Secre­ ington, D.C. will be held on June 7,1977,
tary of the Interior by Title I and Title at 10 a.m., e.d.t., in conference room B,
 22428 NOTICES
Departmental Auditorium, Between 12th Im m igration and N aturalization Service licly during the portion of the May 19-
and 14th Streets on Constitution Avenue, 20, 1977 meeting set aside for audience
NW., Washington, D.C. H ISPA N IC A D V ISO R Y C O M M ITTEE ON
IMM IGRATION AN D NATURALIZATION presentations, or may submit written
Requests to appear at these hearings statements to the Commissioner, in care
should be filed, in writing, with the Sec­ Meeting o f Mr. Duarte’s above address.
retary of the Commission at his office in A G EN C Y: Immigration and Naturaliza­
Washington, D.C., by no later than noon tion Service. Dated: April 27, 1977.
Qf the fifth calendar day preceding the L. F. C h a p m a n , Jr.,
hearing. ACTIO N: Meeting.
Commissioner of
The notice of the institution of this SUM M ARY: This notice announces the Im m igration and Naturalization.
investigation and the scheduling of Meeting of the Hispanic Advisory Com­
[ F R D oc.77-12554 F ile d 5 -2 -7 7 ;8 :4 5 a m ]
hearings was published in the F ederal mittee on Immigration and Naturaliza­
R egister of January 28, 1977 (42 FR tion to be held in San Diego, Calif., on
5432). May 19-20, 1977. DEPARTMENT OF LABOR
By order o f the Commission. FOR FURTHER IN FO RM ATIO N CON­ Pension and W elfare Benefit Program s
Issued: April 28,1977. TA C T: [ A p p lic a t io n N o. L -5 6 2 ]

K en n e t h R . M ason, E. B. Duarte, Special Assistant to the E M P LO Y E E B E N E F IT PLA N S

Secretary.
[ F R Doc.77-1270® F ile d 5 -2 -7 7 ;8 :4 5 a m ]
DEPARTMENT OF JU STICE
C O M M IT T EE ON S E L EC T IO N O F T H E DI­
R E C T O R O F T H E F E D E R A L B U R EA U O F
IN VESTIGATIO N
M eetings
v A p r i l 27, 1977.
Pursuant to the provisions of Pub. L.
92-463, notice is hereby given that the
Committee on Selection of the Director
of the Federal Bureau of Investigation
will meet in Washington, D.C. on May 6,
7, 12, 13, 14, 19, 20, 21, 26, 27 and 28,
1977 for the purpose of interviewing per­
sons who may be recommended to the
President for consideration as Director
of the Federal Bureau of Investigation.
The meetings of May 6,12,19 and 26 will
begin at 10:00 a.m. All other meetings
will begin at 9:00 a.m.
Meeting dates were established by the
Committee during the public session of
its April 26, 1977 meeting. The Commit­
tee concluded that the President’s de­
cision to extend the timé for its report
by only 30 days necessitated the sched­
uling of meetings on an emergency basis
without the full fifteen days notice prior
to the first meeting. The location of the
meetings will be announced at a later
date.
The meetings will deal with the quali­
fications of individuals being interviewed
and will be closed to the public pursuant
to section 10(d) of Pub. I». 92-463 as
amended (see 5 U.S.C. 552(b) ( c ) ( 6 ) ) .
Minutes of the meetings will not be avail­
able to the public.
Additional information may be ob­
tained from Ms. Mary C. Lawton, Deputy
Assistant Attorney General, Office of
Legal Counsel, Department of Justice,
Washington, D.C. 20530.
M ary C. L aw ton,
Staff Director, Committee on
Selection of the Federal Bu­
rean of Investigation Director,
fFR Doc.77-12553 Filed 5-2-77:8:45 am]
Commissioner of Immigration and Na­
turalization for Hispanic Liaison, Pendency of Proposed C la s s Exemption
from Prohibitions R especting Certain
Room 7058, 425 Eye Street, N.W.,
Tran sactio n s in W hich Multiemployer
Washington, D.C. 20536, Telephone and Multiple Em ployer Plan s Are In­
202-376-8211. volved Requested by the National Co­
SUPPLEMENTA R Y IN FO RM ATIO N ordinating Com m ittee for M ultiemployer
Plan s
AND M EETING AGENDA: Pursuant to
section 10(a) (2) of the Federal Advisory Notice is hereby given of the pendency
Committee Act (Pub. L. 92-463 (5 U.S.C. before the Department of Labor (the
App. I ) notice is hereby given of a meet­ Department) of a proposed class ex­
ing of the Hispanic Advisory Committee emption from the restrictions of section
on Immigration and Naturalization to be 406(b) (2) of the Employee Retirement
held from 9:00 a.m. to 5:30 p.m. on Income Security Act of 1974 (the Act)
Thursday, May 19, 1977 and continuing for the joint use by or leasing of office
from 8:30 a.m. to 1:00 p.m. on Friday, space or the provision of administrative
May 20 in the Board Room of the Execu­ services or sale or leasing of goods by a
tive Hotel, 1055 First Avenue, San Diego, multiple employer plan to a participat­
California. ing employee organization, participat­
T h u r s d a y , M a y 19, 1977 ing employer, or participating employer
I — Call to order by the Chairperson. association, or to another multiple em­
I I — Welcoming remarks by the Commis­ ployer plan which is a party in interest
sioner, INS. with respect to such plan. The pending
I I I — Approval of minutes o f previous meet­ class exemption was requested in an ap­
ings. plication filed by the National Coordi­
W — Briefings: (a ) Overview o f Western R e­ nating Committee for Multiemployer
gion, INS; (b ) Impact o f Silva case on INS Plans (NCCM P), pursuant to section
policy.
V— Presentation from audience.
408(a) of the Act and in accordance
V I— Briefings (con tin u ed ): (c ) Report on with the procedures set forth in ERISA
study o f “ Impact o f Illegal Aliens on Procedure 75-1 (40 F R 18471, April 28,
County o f San Diego;” (d ) Update on INS 1975). I f granted, the application would
Residential Survey on Illegal im m igra­ provide an exemption from the restric­
tion; (e ) Overview o f State Department tions of section 406(b) (2) of the Act for
Visa Office Operations. those transactions already exempt from
V II— Subcommittee meetings.
V n i— Recess.
the restrictions of sections 406(a)(1)
(A ) through (D ) o f the Act by virtue of
F r i d a y , M a y 20, 1977 the exemption granted in part C of Pro­
IX — Meeting reconvenes. hibited Transaction Exemption 76-1, 41
X— Subcommittee Reports, Committee Ac­FR 12740, March 26, 1976, as well as an
tion, and Formal recommendations to the exemption from the restrictions of sec­
Commissioner. tion 406(b) (2) in situations involving
X I — Old/new business. the sharing of office space, services, etc.
x n —Subcommittee meetings.
on a pro rata basis.
X I I I —Adjournment.
Summary of representations. The ap­
Attendance Is open to the Interested plication contains representations with
public, but is limited to the space avail­ regard to the pending class exemption,
able. which are summarized below. Inter­
Because the Administration is con­ ested persons are referred to the applica­
ducting a review of the effectiveness of tion on file with the Department fo r the
all federal advisory committees, the INS complete representations of NCCMP.
welcomes expressions from the general On March 26, 1976, the Department,
public on whether the IN S Hispanic Ad­ in conjunction with the Internal Rev­
visory Committee should be continued enue Service, granted class exemptions
beyond its December 31, 1977, termina­ from the restrictions of sections 406(a)
and 407(a) o f the A ct and from the
tion date, or terminated, modified, etc. taxes imposed by sections 4975 (a ) and
The general public may comment pub­ (b) of the Internal Revenue Code of

FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, MAY 3, 1977


1954 (the Code) by reason of section
4975(c)(1) of the Code, fo r several
classes of transactions between a multi­
ple employer plan and a participating
employee organization, employer, or em­
ployer association, or another multiple
employer plan which is a party in inter­
est or disqualified person with respect
to the plan. The exemptions granted did
not, however, extend to those aspects
of the transactions which may be sub­
ject to the restrictions of section 406(b)
(2) of the Act. Although many comment
letters were received at the time that the
multiemployer exemptions were first
proposed, the Department noted in the
March 26, 1976 exemptions that none of
the comments received provided a suf­
ficient basis for proposing an exemption
from the restrictions of section 406(b)
(2) with respect to the class of transac­
tions exempted, but that it was pre­
pared to consider applications for a
class exemption from the restrictions of
section 460(b) (2) of the Act with re­
spect to such transactions upon the re­
ceipt of applications providing informa­
tion sufficient to provide a basis for pro­
posing such an exemption.
NCCMP, in its application, has repre­
sented that, pursuant to the Labor Man­
agement Relations Act, 1947 (L M R A ),
collectively bargained multiple employer
plans under which money is transferred
from employers to funds established by
employee representatives are required to
be adm inistered by a board of trustees
on which “ employees and employers are
equally represented.” Trusts for health
and welfare purposes must be established
separately from trusts for retirement
purposes.
Although separate trusts are required
to be established for retirement and
health and welfare funds, it has been
common for one or both of the collec­
tive bargaining parties to designate the
same trustees to the different boards of
trustees because it has been deemed de­
sirable to utilize fully the expertise of
the trustees who are familiar with the
industry and with the structure and
scope of plan participation in the indus­
try.
Further, since the 1959 amendments
to the LMRA, jointly administered
trusts have also been created for the
purpose of providing holiday and vaca­
tion benefits and to operate apprentice­
ship and training programs. Because
service on most of the joint boards of
these trusts was a voluntary act or, at
best, a minimally compensated act, the
persons available to serve on these
boards of trustees were limited in num­
ber.
NCCMP also represents that, but for
the limitations in section 302(c) (5) of
the LM RA with respect to the establish­
ment of separate trusts and the piece­
meal amendment of the LM RA to per­
mit new types of trusts, it is likely that
unitary, multi-purpose trusts would be
established in each industry and the ex­
emption granted in part C of Prohibited
Transaction Exemption 76-1 (March 26,
1976) would suffice. However, to effectu­
ate that exemption, an additional exemp­
FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, MAY 3, 1977
NOTICES
tion, from the restrictions of section 406
(b) (2) is necessary if plans are to be
able to place trustees who are familiar
with the industry and with the scope of
plan participation on the boards of re­
lated plans.
NCCMP states that if its application
for a class exemption from the restric­
tions of section 406(b) (2) is denied, the
existing class exemptions of March 26,
1976 would be insufficient, in most situa­
tions, to permit the very transactions
contemplated by those exemptions.
Further, NCCMP represents that
when related plans share space, goods or
facilities on a pro rata basis, even if
they are not parties in interest with re­
spect to one another, common trustees
of both plans will face a similar section
406(b) (2) problem, in that the trustees,
in determining the allocation of costs,
will be representing parties with adverse
interests. Nevertheless, NCCMP con­
cludes that the desirability of having
common trustees who are familiar with
the industry and know how the plans re­
late to each other outweighs the poten­
tial abuses, if an exemption containing
the safeguards proposed is granted.
The proposed exemption is identical to
that granted in part C of Prohibited
Transaction Exemption 76-1, except that
it also covers sharing of office space,
goods and services and is restricted to
plans established in accordance with the
representation requirements of section
302(c) (5) of the LMRA. As proposed, the
exemption would be in two parts— the
first containing conditions appropriate
for a prospective class exemption effec­
tive June 12, 1975, and the second con­
taining conditions appropriate for a class
exemption retroactive to January 1,1975,
the effective date of the prohibited trans­
action provisions. For the purposes o f the
exemption, the term “ multiple employer
plan” is defined as an employee benefit
plan which is a multiemployer plan
within the meaning o f section 3(37) of
the Act, or a plan which meets all the
requirements of at least subsections 3
(37) (A ) ( i ) , (ii) and (v) of the Act.
General Inform ation. The attention of
interested persons is directed to the fo l­
lowing:
(1) The fact that a transaction is the
subject of an exemption granted under
section 408(a) of the Act does not relieve
a fiduciary or other party in interest with
respect to a plan to which the exemption
is applicable from certain other provi­
sions of the Act, including any prohibi­
ted transaction provisions to which the
exemption does not apply and the general
fiduciary responsibility provisions of sec­
tion 404 of the Act which, among other
things, require a fiduciary to discharge
his duties respecting the plan solely in
the interest of the plan’s participants
and beneficiaries and in a prudent fash­
ion in accordance with section 404(a) (1)
(B ) of the Act.
(2) Before an exemption may be
granted under section 408(a) of the Act,
the Department must find that the ex­
emption is administratively feasible, in
the interests of the plan or plans and of
their participants and beneficiaries, and
22429
protective of the rights o f participants
and beneficiaries of such plan or plans..
(3) The pending exemption, if granted,
will be supplemental to, and not in dero­
gation of, any other provision of the Act,
including statutory exemptions and
transitional rules. Furthermore, the fact
that a transaction is subject to an ad­
ministrative or statutory exemption or
transitional rule is not dispositive of
whether the transaction is in fact a pro­
hibited transaction.
(4) I f granted, the pending class ex­
emption will be applicable to a particular
transaction only if the transaction satis­
fies the conditions specified in the class
exemption.
(5) The application for exemption re­
ferred to herein is available for public
inspection at the Public Document Room,
Pension and W elfare Benefit Programs,
U.S. Department of Labor, Room N-4677,
200 Constitution Avenue NW., Washing­
ton, D.C., 20216.
All interested persons are invited to
submit written comments on the pend­
ing class exemption set forth herein. In
order to receive consideration, such com­
ments should be received by the Depart­
ment of Labor on or before June 6, 1977.
In addition, any interested person may
submit a written request that a hearing
be held relating to the pending class
exemption. Such written request must
be received by the Department on or
before June 6, 1977, and should state the
reasons for such person's request fo r a
hearing and the nature of such per­
son’s interest in the pending class exemp­
tion.
All written comments and all requests
for a hearing (preferably six copies)
should be addressed to Pension and W el­
fare Benefit Programs, Room C-4526,
U.S. Department of Labor, Washington,
D.C. 20216, Attention: Application No.
L-562. All such comments will be made
part of the record, and will be available
for public inspection at the Public Docu­
ment Room, Pension and Welfare Bene­
fit Programs, U.S. Deparment of Labor,
Room N-4677, .200 Constitution Avenue
NW., Washington, D.C. 20210.
Pending exemption. Based on the ap­
plication referred to above, the Depart­
ment has under consideration the grant­
ing of the following class exemption
under the authority of section 408(a) of
the Act and in accordance with the pro­
cedures set forth in ERISA Procedure
75-1 (40 F R 18471, April 28, 1975) :
Section I — Prospective. Effective
June 12, 1975, the restrictions of section
406(b) (2) of the Act shall not apply to
the sharing of office space and admin­
istrative services and goods, leasing of
office space or the provision of adminis­
trative services or sale or leasing of goods
by a multiple employer plan established
in accordance with the requirements for
representation on the board of trustees
imposed by section 302(c) (5) of the La­
bor Management Relations Act, 1947
(LM R A ) to a participating employee or­
ganization, participating employer, or
participating employer association, or to
another such multiple employer plan
which is a party in interest with respect
22430
to such plan or plans, provided that the
following conditions are met:
(a) W ith respect to the sharing o f
office space, administrative services and
goods, the costs of securing such space,
services and goods are assessed and paid
on a pro rata basis with respect to each
party’s use of such space, services and
goods.
(b) With respect to the leasing of
such office space or the provision of such
administrative services or other sale or
leasing of goods,
(1) The plan receives reasonable com­
pensation for such leasing, or the provi­
sion of such services or the sale or
leasing of such goods. Solely for pur­
poses of this exemption, “ reasonable
compensation” need not include a profit
which would ordinarily have been- re­
ceived in an arm’s-length transaction,
but must be sufficient to reimburse the
plan for its costs.
(2) W ith regard to the leasing of office
space by a plan to a participating em­
ployer, such transaction will be exempt
from the restrictions of section 406(b)
(2) only to the extent that such office
space constitutes “ qualifying employer
real property” as that term is defined
in section 470(d) (4) of the Act. The 10
percent limitation provisions of sections
4 0 6 (a )(1 )(E ), 406(a)(2) and 407(a) of
the Act will apply to such transactions
as if the employer real property involved
in the transaction were “ qualifying em­
ployer real property.”
(c) W ith respect to the sharing of
office space, administrative services or
goods or the leasing of office space or
the provision of administrative services
or the sale or leasing of goods, the ar­
rangement allows any plan which is a
party to the transaction to terminate
the transaction on reasonably short
notice under the circumstances.
(d) Any plan which shares office
space, administrative services or goods
or is the lessor of such office space or
which provides such administrative
services or goods, maintains or causes to
be maintained during the period of such
sharing arrangement or lease or of such
provision of services or sale or leasing
of goods and for a period of six years
from the date of termination of such
sharing arrangement or lease or such
provision of services or sale or lease of
goods, such records as are necessary to
enable the persons described in para­
graph (e) of this section to determine
whether the conditions of this exemp­
tion have been met, except that (1) a
prohibited transaction will not be
deemed to have occurred if, due to cir­
cumstances beyond the control of the
plan fiduciaries, such records are lost or
destroyed prior to the end of such six-
year period, and (2) such participating
employee organization, participating
employer, participating employer asso­
ciation, or other plan shall not be sub­
ject to the civil penalty which may be
assessed under section 502 (i) of the Act
if such records are not maintained, or
are not available for examination as re­
quired by paragraph (e) below.
(e) Notwithstanding anything to the
contrary in subsections (a) (2) and (b)
FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, MAY 3, 1977
NOTICES
o f section 504 of the Act, the records re­
ferred to in paragraph (d) are uncon­
ditionally available at their customary
location for examination during normal
business hours by duly authorized em­
ployees or representatives of (1) the De­
partment of Labor, (2) plan participants
and beneficiaries, (3) any employer of
plan participants and beneficiaries, and
(4) any employee organization any of
whose members are covered by the plan.
Sec. H. Retroactive. Effective Janu­
ary 1, 1975, the restrictions of sections
406(b) (2) of the Act shall not apply to
the sharing of office space, adminis­
trative services or goods or the leas­
ing of office space or the provision
of administrative services or the sale or
leasing of goods by a multiple employer
plan established in accordance with the
requirements for representation on the
board of trustees imposed by section 302
(c) (5) of the LM RA to a participating
employee organization, participating em­
ployer, or participating employer asso­
ciation, or to another such multiple
employer plan is a party in interest with
respect to such plan, which occurred be­
fore June 12, 1975, or which occurred
before October 1, 1975 pursuant to a
binding arrangement entered into before
June 2,1975, provided that such transac­
tion was :
(a) O f a type that was ordinarily and
customarily engaged in by multiple em­
ployer plans before January 1, 1975; and
(b) A t the time it was entered into,
not a prohibited transaction within the
meaning of section 503(b) of the Internal
Revenue Code or the corresponding pro­
visions of prior law, except that solely
for purposes of this exemption the terms
of such arrangement need not provide for
a profit which would ordinarily have been
received by the plan in an arm’s-length
transaction, provided that the compen­
sation received by the plan is otherwise
reasonable.
Sec. HI. Definitions. For purposes of
sections I and n above, the term “ mul­
tiple employer plan” shall mean an em­
ployee benefit plan which is a multiem­
ployer plan within the meaning of sec­
tion 3(37) of the Act, or a plan which
meets the requirements of at least sub­
sections 3(37) (A ) (i), (ii) and (v) of the
Act.
Signed at Washington, D.C. this 28th
day of April 1977.
J. V e r n o n B allard ,
Acting Administrator of Pen­
sion and Welfare Benefit P ro­
grams, Department of Labor.
[P R Doc.77-11821 Piled 5-2-77; 8:46 aril]
Office of th e Secretary
[TA-W-1514]
ALABAMA B Y-PR O D U CTS CO R P.
Negative Determ ination Regarding Eligi­
bility To Apply for Worker Adjustm ent
A ssistan ce
In accordance with Section 223 of the
Trade Act o f 1974 the Department of
Labor herein presents the results of TA ­
W-1514: investigation regarding certifi­
cation of eligibility to apply for worker
adjustment assistance as prescribed in
Section 222 of the Act.
The investigation was initiated on De­
cember 15, 1976 in response to a worker
petition received on December 15, 1976
which was filed by the United Steelwork­
ers of America on behalf of workers and
former workers producing coke at Ala­
bama By-Products Corporation, Tarrant,
Alabama.
The Notice of Investigation was pub­
lished in the F ederal R egister on Janu­
ary 18, 1977 (42 FR.3365). No public
hearing was requested and none was
held.
The information upon which the de­
termination was made was obtained prin­
cipally from the United Steelworkers of
America, officials o f Alabama By-Prod­
ucts, its customers, the U.S. Interna­
tional Trade Commission, U.S. Depart­
ment of Commerce publications, industry
analysts and Department files.
In order to make an affirmative de­
termination and issue a certification of
eligibility to apply for adjustment as­
sistance, each o f the group eligibility re­
quirements of Section 222 of the Trade
Act must be met:
(1) That a significant number or propor­
tion of the workers in the workers’ firm, or
an appropriate subdivision thereof, have be­
come totally or partially separated, or are
threatened to become totally or partially
separated;
(2) That sales or production, or both, of
such firm or subdivision have decreased ab­
solutely;
(3) That articles like or directly competi­
tive with those produced by the firm or sub­
division are being imported in increased
quantities, either actual.or relative to domes­
tic production; and
(4) That such Increased imports have con­
tributed importantly to the separations, or
threat thereof, and to the decrease in sales
or production. The term "contributed impor­
tantly” means a cause which is important
but not necessarily more important than any
other cause.
Without regard to whether any of the
other criteria have been met, criterion
(3) has not been met.
Evidence developed in the Depart­
ment’s investigation reveals that imports
of metallurgical coke have decreased ab­
solutely and relative to domestic pro­
duction from 1974 through 1976.
C o n c l u s io n
After careful review of the facts ob­
tained in the investigation, I conclude
that imports of metallurgical coke like or
directly competitive with coke produced
at Alabama By-Products Corporation,
Tarrant, Alabama have not increased as
required in Section 222 of the Trade Act
of 1974. The petition is, therefore, denied.
Signed at Washington, D.C. this 22nd
day of April 1977.
J am e s F. T a y l o r ,
Director, Office of Management,
Administration, and Planning.
[FR Doc.77-12661 Filed 5-2-77;8:45 am]

[TA-W-1617]
ALLAN S H O E M AN UFACTURIN G
COM PANY, INC.
Certification Regarding Eligibility To Apply
for Worker A djustm ent A ssista n ce
In accordance with section 223 of the
Trade Act of 1974 the_Department of
Labor herein presents thé results of T A ­
W-1617: investigation regarding certifi­
cation of eligibility to apply for worker
adjustment assistance as prescribed in
Section i&2 of the Act.
The investigation was initiated on
January 31, 1977 in response to a worker
petition received on January 24, 1977
which was filed on behalf o f workers and
former workers engaged in employment
related to the production of men’s,
youths’ and boys’ dress and casual foot­
wear and work footwear at the Allan
Shoe Manufacturing Company, Inc.,
Norwich, Connecticut.
The notice of investigation was pub­
lished in the F ederal R eg ister on Feb­
ruary 15, 1977 (42 FR 9236). No public
hearing was requested, and none was
held.
The information upon which the de­
termination was made was obtained
principally from officials of the Allan
Shoe Manufacturing Company, Inc., its
customers, the U.S. Department of Com­
merce, the U.S. International Trade
Commission, industry analysts and Dé­
partaient files.
In order to make an affirmative de­
termination and issue a certification of
eligibility to apply for adjustment as­
sistance, each of the group eligibility
requirements of Section 222 of the Trade
Act of 1974 must be set:
(1) That a significant number or propor­
tion o f the workers in the workers’ firm, or
an appropriate subdivision thereof, have be­
come totally or partially separated, 'or are
threatened to become totally or partially sep­
arated;
(2) That sales or production, or both of
such firm or subdivision have decreased ab­
solutely;
(3) That articles like or directly competi­
tive with those produced by the firm or sub­
division are being imported in increased
quantities, either actual or relative to do­
mestic production; and
(4) That such increased imports have con­
tributed importantly to the separations, or
threat thereof, and to the decrease in sales or
production. The term “ contributed im ­
portantly” means a cause which is important
but not necessarily more important than any
other cause.
The investigation revealed that all of
the above criteria have been met.
S ig n if ic a n t T o t a l or P a r t ia l
S e pa r a t io n s
Average employment of production
workers at the Allan Shoe Manufactur­
ing Company, Inc. decreased 33 percent
from 1974 to 1975 and 27 percent from
1975 to 1976.
Average weekly hours worker by pro­
duction workers at the Allan Shoe Man­
FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, MAY 3, 1977
NOTICES
ufacturing Company, Inc. increased 3
percent from 1974 to 1975 and 7 percent
from 1975 to 1976.
S ales or P r o d u c tio n , or B o t h , H ave
D ecreased A b s o l u t e l y
Sales at the Allan Shoe Manufacturing
Company, Inc. decreased 45 percent in
value from 1974 to 1975, and 20 percent
from 1975 to 1976.
Production at the Allan Shoe Manu­
facturing Company, Inc. decreased 48
percent in quantity from 1974 to 1975,
and 23 percent from 1975 to 1976.
I ncreased I m po r ts
Imports of men’s, youths"' and boys’
dress and casual footwear increased ab­
solutely from 1971 to 1972 and from 1972
to 1973, then decreased from 1973 to
1974. Imports increased 13 percent from
1974 to 1975, and 36 percent in the first
9 months of 1976 compared to the first 9
months of 1975. The ratio of imports to
domestic production increased from 49.5
percent in the first 9 months of 1975 to
59.8 percent in the first 9 months of
1976.
Imports of men’s, youths, and boys’
work footwear increased absolutely from
1971 to 1972, from 1972 to 1973, and from
1973 to 1974. Imports decreased 21 per­
cent from 1974 to 1975, then increased
124 percent in the first 9 months of 1976
compared to the first 9 months of 1975.
The ratio of imports to domestic produc­
tion increased from 9.3 percent in the
first 9 months of 1975 to 19.6 percent in
the first 9 months of 1976.
C o n tr ibu te d I m p o r t a n t l y
Customers surveyed indicated that
they had switched their purchases from
shoes purchased at the Allan Shoe
Manufacturing Company, Inc. to im­
ported shoes.
C o n c l u s io n
After careful review of the facts ob­
tained in the investigation, I conclude
that increases of imports like or directly
competitive with men’s, youths’ and
boys’ dress and casual footwear and
work footwear produced at the Allan
Shoe Manufacturing Company, Inc.,
Norwich, Connecticut contributed im­
portantly to the total or partial separa­
tion of the workers at that plant. In
accordance with the provisions of the
Act, I make the following certification:
A ll workers at the Allan Shoe Manufac­
turing Company, Inc., Norwich, Connecticut
who became totally or partially separated
from employment oh or after January 21,
1976 are eligible to apply for adjustment
assistance under T itle ÏI, Chapter 2 o f the
Trade Act o f 1974.
Signed at Washington, D.C. this 21st
day of April 1977.
J am es F . T a y l o r ,
Director, Office of Management,
Administration, and Planning.
[P R Doc.77-12662 Piled 5-2-77:8:45 am]
22431
[TA-W-1586]
AM ERICAN F E L T S L IP P E R CO.
Negative Determ ination Regarding Eligi­
bility To Apply for W orker Adjustm ent
A ssista n ce
In accordance with Section 223 of the
Trade Act of 1974 the Department of
Labor herein presents the results of TA ­
W-1586: investigation regarding certi­
fication of eligibility to apply for worker
adjustment assistance as prescribed in
Section 222 of the Act.
The investigation was initiated on
January 24, 1977 in response to a worker
petition received on that date which was
filed by three workers on behalf of
workers and former workers producing
women’s and children’s’ slippers at the
Brewer, Maine plant of American Felt
Slipper Company.
The Notice of Investigation was pub­
lished in the F ederal R eg ister on Febru­
ary 1, 1977 (42 FR 6016). No public
hearing was requested and none was
held.
The information upon which the de­
termination was made was obtained
principally from officials of the American
Felt Slipper Company, its customers,
Amfesco Industries, the U.S. Depart­
ment of Commerce, the U.S. Interna­
tional Trade Commission, industry
analysts, and Department files.
In order to make an affirmative deter­
mination and issue a certification of
eligibility to apply for adjustment assist­
ance, each of the group eligibility re­
quirements of Section 222 of the Trade
Act of 1974 must be met:
(1) That a significant number or propor­
tion of the workers in such workers’ firm, or
an appropriate subdivision thereof, have be­
come totally or partially separated, or are
threatened to become totally or partially
separated;
(2) That sales or production, or both, of
such firm or subdivision have decreased
absolutely;
(3) That imports of articles like or directly
competitive with articles produced by such
workers’ firm or an appropriate subdivision
thereof, have increased either actual, or rel­
ative to domestic production, and
(4) That such increased imports have
contributed importantly to the separations,
or threat thereof, and to the decrease in sales
or production. The term “ contributed im ­
portantly” . means a cause which is impor­
tant but not necessarily more important than
any other cause.
Without regard to whether any of the
other criteria have been met criteria (2)
and (4) have not been met.
The American Felt Slipper Company,
Brewer, Maine, is one of four facilities
owned by Amfesco Industries. American
Felt Slipper manufactures women’s and
children’s house slippers.
The Department’s investigation re­
vealed that sales of house slippers by the
American Felt Slipper Company in-
crased 14.1 percent in value in 1976
compared to 1975, while production in-
22432
creased 23.3 percent in quantity in 1976
compared to 1975.
Customers of the American Pelt Slip­
per Company, Brewer, Maine indicated
that in 1976 compared to 1975 they had
increased their purchases of women’s
and children’s slippers from American
Pelt Slipper, while also increasing pur­
chases of imported women’s and chil­
dren’s slippers.
C o n c l u s io n
After careful review of the facts ob­
tained in the investigation I conclude
that sales and production of women’s
and children’s slippers have not de­
creased absolutely, and that imports of
articles like or direetly competitive with
women’s and children’s house slippers
have not contributed importantly to the
total or partial separation of workers as
required in Section 222 of the Trade Act
of 1974.
Signed at Washington, D.C. this 22nd
day of April 1977.
J ames F . T a y l o r ,
Director, Office of Management,
Administration, and Planning.
[PR Doc.77-12663 Piled 5-2-77;8:45 am]
[TA-W-1568]
C A PITO L FOOTW EAR CO R P.
Certification Regarding Eligibility To Apply
for Worker A djustm ent A ssistan ce
In accordance with Section 223 of the
Trade Act of 1974 the Department of
Labor herein presents the results of TA ­
W-1568: investigation regarding certifi­
cation of eligibility to apply for worker
adjustment assistance as prescribed in
Section 222 of the Act.
The investigation was initiated on Jan­
uary 10, 1977 in response to a worker
petition received on that date which was
filed on behalf of workers and former
workers engaged in employment related
to the production of men’s slippers, casu­
al shoes, boots, and sandals at the Capi­
tol Footwear Corporation, Worcester,
Massachusetts.
The Notice of Investigation was pub­
lished in the F ederal R eg ister on Janu­
ary 28, 1977 (42 FR 5449). No public
hearing was requested and none was
held.
The information upon which the de­
termination was made was obtained
principally from officials of the Capitol
Footwear Corporation, its customers, the
U.S. Department of Commerce, the U.S.
International Trade Commission, the
American Footwear Industries Associa­
tion, industry analysts and Department
files.
In order to make an affirmative deter­
mination and issue a certification of
eligibility to apply fo r adjustment assist­
ance, each of the group eligibility re­
quirements of Section 222 of the Trade
Act o f 1974 must be met:
(1) That a significant number or propor­
tion o f the workers in the workers’ firm, or
an appropriate subdivision thereof, have be­ lower priced, non-leather footwear and
come totally or partially separated, or are into higher priced, leather footwear.
NOTICES
threatened to become totaUy or partially
separated;
(2) That sales or production, or both, of
such firm or subdivision have decreased
absolutely;
(3) That articles like or directly competi­
tive with those produced by the firm or sub­
division are being imported in increased
quantities, either actual or relative to do­
mestic production; and
(4) That such increased imports have con­
tributed importantly to the separations, or
threat thereof, and to the decrease In sales
or production. The term “ contributed im ­
portantly” means a cause which is important
but not necessarily more important than any
other cause.
The investigation revealed that all of
the above criteria have been met.
S ig n if ic a n t T o tal or P a r t ia l
S e pa r a t io n s
The average number of production
workers employed by Capitol Footwear at
the Worcester plant increased six per­
cent from 1975 to 1976. Employment and
average weekly hours decreased steadily
from the third quarter of 1975 through
the first quarter of 1976 and then in­
creased from the second through the
fourth quarters of 1976.
S ales or P r o d u c tio n , or B o t h ,
D ecreased A b s o l u t e l y
Unit production of men’s slippers,'cas­
ual shoes, boots, and sandals at the
Worchester plant decreased by 12 percent
from 1974 to 1975 and by three percent
from 1975 to 1976. Production declined
steadily from the second quarter of 1975
through the first quarter of 1976 and rose
from the second through the fourth
quarters of 1976.
I ncreased I m po r ts
Imports of slippers for men, women,
and children rose absolutely and relative­
ly in each year from 1971 through 1975.
Imports increased from 25.2 million pairs
in 1974 to 29.0 million pairs in 1975 and
rose from 22.2 million pairs in January-
September 1975 to 34.5 million pairs in
the like period of 1976. The ratio of im­
ported slippers to domestic slipper pro­
duction increased from 29.5 percent in
1974 to 41.1 percent in 1975 and rose to
63.4 percent in January-September 1976.
Imports of men’s dress and casual foot­
wear with leather and non-leather up­
pers increased from 1971 through 1973,
declined in 1974, and rose in 1975. Im ­
ports increased from 44.3 million pairs in
1974 to 47.5 million pairs in 1975 and
rose from 35.3 million pairs in January-
September 1975 to 44.7 million pairs In
the corresponding period of 1976. The
ratio of imports to domestic production
declined from 53.5 percent in 1974 to 44.9
percent in 1975 and then increased to
52.1 percent in January-September 1976.
C o ntr ibu te d I m p o r t a n t l y
The Department’s investigation re­
vealed that increased price competition
with imports of men’s slippers and casual
shoes has forced Capitol Footwear in re­
cent years to shift its production out of
FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, MAY 3, T977
Manistee, Incorporated, a subsidiary
of Capitol Footwear, markets footwear
produced by Capitol as well as footwear
purchased from other domestic and for­
eign sources. Dollar sales of imports by
Manistee increased annually from 1974
through 1976. Sales of imported footwear
relative to total Manistee sales increased
yearly from 1974 through 1976. Other
customers indicated that they had re­
duced purchases of men’s footwear from
Capitol and had switched to low cost
imports of men’s slippers and casual
shoes.
C o n c l u s io n
A fter careful review of the facts ob­
tained in the investigation, I conclyde
that increases of imports like or directly
competitive with the men’s slippers,
casual shoes, boots, and sandals pro­
duced at the Worcester plant contributed
importantly to the total or partial sepa­
ration of workers at such plant. In ac­
cordance with the provisions of the Act,
I make the following certification:
All workers at the Capitol Footwear Cor­
poration, Worcester, Massachusetts, who be­
came totally or partially separated from em­
ployment on or after December 10, 1975 and
on or before April 17, 1976, are eligible to
H ave apply for adjustment assistance under Title
II, Chapter 2 o f the Trade Act o f 1974.
Signed at Washington, D.C. this 22nd
day of April 1977.
J am es F. T a y l o r , .
Director, Office of Management,
Administration, and Planning.
[FR Doc.77-12664 Filed 5-2-77;8:45 am]
[TA-W-1556]
D U C H ES S G A R T ER CO RP.
Negative Determ ination Regarding Eligi­
bility To Apply for Worker Adjustment
A ssistan ce
In accordance with Section 223 of the
Trade Act of 1974, the Department of
Labor herein presents the results of TA­
W-1556: investigation regarding certifi­
cation of eligibility to apply for worker
adjustment assistance^ as prescribed in
Section 222 of the Act.
The investigation was initiated on
January 1, 1977, in response to a w orker
petition received on January 1, 1977,
which was filed by the Corset and Bras­
siere Workers’ Union, Local 32 on be­
half of workers and former workers pro­
ducing garter and shoulder straps at the
New York, New York, plant of Duchess
Garter Corporation.
The investigation revealed that
shoulder straps for brassieres were only
produced for a six month period, ap­
proximately two to three years ago, and
that currently only quarter straps are
produced by the company.
The Notice o f Investigation was pub­
lished in the F ederal R eg ister on Jan­
uary 28, 1977 (42 FR 5450). No public
hearing was requested and none was
held.
The information upon which the de­
termination was made was obtained
principally from officials of Duchess

Garter Company, the U.S. Department
of Commerce, the U.S. International
Trade Commission, industry analysts,
and Department files.
(1) That a significant number or propor­
tion o f the workers in such workers' firm,
or an appropriate subdivision o f the firm
have become totally or partially separated,
or are threatened to become totally or par­
tially separated;
(2) That sales or production, or both, of
such firm or subdivision have decreased ab­
solutely;
(3) That-articles like or directly compet­
itive w ith those produced by the firm or sub­
division are being imported in increased
quantities, either actual or relative to do­
mestic production; and
(4) That such increased imports have con­
tributed importantly to the separation, or
threat thereof, and to the decrease in sales
or production. The term “ contributed im ­
portantly” means a cause which is important
but not necessarily more important than
any other cause.
Without regard to whether any other
criteria have been met, criterion (3) has
not been met.
Evidence developed in the Depart­
ment’s investigation reveals that there
are no known imports of garter straps.
Imports of corsets, girdles and garter
belts containing straps of the same ori­
gin are not considered like or directly
competitive with garter straps produced
by Duchess Garter Company.
C o n c l u s io n
After careful review of the facts ob­
tained in the investigation, I conclude
that imports of garter straps like or di­
rectly competitive with those produced
at Duchess Garter Company have not
increased as required in Section 222 of
the Trade Act of 1974. The petition is,
therefore, denied.
Signed at Washington, D.C., this 22d
day of April 1977.
J am e s F . T a y l o r ,
Director, Office of Management,
Administration and Planning.
[FR Doc.77-12665 Filed 6-2-77:8:45 am]
[T A —W—1322]
FLO D A R CO R P.
Negative Determ ination Regarding Eligi­
bility To Apply for Worker Adjustm ent
A ssistan ce
In accordance with Section 223 of the
Trade Act of 1974, the Department o f
Labor herein presents the results of TA ­
W-1322: Investigation regarding certifi­
cation of eligibility to apply fo r worker
adjustment assistance as prescribed in
Section 222 of the Act.
The investigation was initiated on No­
vember 30, 1976, in response to a worker
petition received on November 30, 1976,
which was filed by the United Steel­
workers of America on behalf of workers
and former workers producing hydraulic
fittings at the Celeveland, Ohio plant of
Flodar Corporation, a subsidiary of Alco
Standard Corporation, Valley Forge,
Pennsylvania.
The Notice of Investigation was pub­
lished in the F ederal R e g ister on De­
FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, MAY 3, 1977
NOTICES
cember 21,1976 (41 FR 55604). No public
hearing was requested and none was
held.
The information upon which the de­
termination was made was obtained
principally from officials of Flodar Cor­
poration, its customers, Alco Standard
Corporation, the U.S. Department of
Commerce, the U.S. International Trade
Commission, industry analysts, and De­
partment files.
In order to make an affirmative de­
termination and issue a certification of
eligibility to apply for adjustment as­
sistance, each of the group eligibility
requirements of Section 222 of the Trade
Act of 1974 must be met:
(1) That a significant number or propor­
tion of the workers in the workers’ firm, or
an appropriate subdivision thereof, have
become totally or partially separated, or are
threatened to become totally or partially
separated;
(2) That sales or production, or both, of
such firm or subdivision have decreased
absolutely;
(3) That articles like or directly competi­
tive with those produced by the firm or sub­
division are being imported in increased
quantities, either actual or relative to domes­
tic production; and
(4) That such increased imports have
contributed importantly to the separations,
or threat thereof, and to the decrease in
sales or production. The term “ contributed
importantly” means a cause which is im ­
portant but not necessarily more important
than any other cause.
The investigation has revealed that al­
though the first three criteria have been
met, the fourth criterion has not been
met.
S ig n if ic a n t T o ta l or P a r tia l
S e pa r a t io n s
The average number of production
workers at the Cleveland plant of Flodar'
Corporation declined 21 percent in the
first eleven months of 1976 compared to
the like period in 1975.
S ale s or P r o d u c tio n , or B o t h ,
H ave D ecreased A b s o l u t e l y
Sales of hydraulic fittings produced at
the Cleveland, Ohio plant of Flodar Cor­
poration declined 23 percent in value in
the first eleven months of 1976 compared
to the first eleven months of 1975. All
sales values were deflated before percent­
age changes were computed.
Production of hydraulic fittings at the
Cleveland, Ohio plant of Flodar Corpo­
ration declined 19 percent in value in the
first eleven months of 1976 compared to
the first eleven months of 1975.
I ncreased I m po r ts
Flodar produces threaded high pres­
sure hydraulic fittings. These fittings are
machined in one piece from bar stock.
One piece, high pressure, threaded hy­
draulic fittings are not separately iden­
tified in the import statistics. They are
included in the various categories of steel
pipe fittings. All hydraulic fittings under
the various categories o f steel pipe fit­
tings are somewhat like or directly com­
petitive with each other. However, hy­
draulic fittings contained in the category
22433
of “ forged steel threaded and socket weld
fittings and unions” are most like those
produced by Flodar. Therefore, import
data are presented for both the best
available statistics on articles considered
competitive with hydraulic fittings and
the best available statistics on articles
most like those produced at the Flodar
plant.
U.S. imports of steel pipe fittings in­
creased from 75.0 million pounds in 1971
to 79.9 million pounds in 1972 and de­
creased to 64.8 million pounds in 1973.
In 1974 imports increased to 114.1 m il­
lion pounds and in 1975 to 185.9 million
pounds. In the first nine months of 1976
imports declined to 88.9 million pounds
compared to 147.4 million pounds In the
same period one year earlier.
The ratio of imports to domestic pro­
duction of steel pipe fittings increased
from 21.4 percent in 1971 to 24.0 per­
cent in 1972 and decreased to 20.3 per­
cent in 1973. In 1974, the ratio of im­
ports to domestic production increased
to 29.2 percent and, in 1975, further in­
creased to 45.3 percent. In the first nine
months of 1976, the ratio of imports to
domestic production increased to 48.3
percent compared to 45.2 percent in the
same period one year earlier.
Imports of forged steel threaded and
socket weld fittings and unions increased
in, each year compared to the preced­
ing year from 4.9 million pounds in 1971
to 19.3 million pounds in 1975. Imports
declined from 13.5 million pounds in the
first nine months of 1975 to 11.0 million
pounds in the first nine months of 1976.
The ratio of imports to domestic pro­
duction of forged steel threaded and
socket weld fittings and unions increased
in each year compared to the preceding
year from 14.7 percent in 1971 to 32.3
percent in 1975. The ratio of imports to
domestic production increased from 28.1
percent in the first nine months of 1975
to 42.0 percent in the first nine months of
1976.
C o n t r ib u te d I m p o r t a n t l y
Customers of Flodar indicated that
they do not purchase any imported high
pressure hydraulic fittings. Customers of
Flodar stated that reduced orders for
construction machinery and machine
tools used in automobile production les­
sened the demand for hydraulic fittings.
In addition some customers indicated
that they had shifted their business from
Flodar to other domestic manufacturers.
Some customers reported that imports
are inhibited by the fact that U.S. ma­
chinery uses SAE threads while most
foreign manufacturers produce only
metric threaded hydraulic fittings. *
C o n c l u s io n
After careful review of the facts ob­
tained in the investigation, I conclude
that increased imports of articles like or
directly competitive with the hydraulic
fittings produced at the Cleveland, Ohio
plant of Flodar Corporation did not con­
tribute importantly to the total or par­
tial separation of workers at that plant
as required in Section 222 of the Trade
Act of 1974.
22434
Signed at Washington, D.C., this 22d
day of April 1977.
J am e s F. T a y l o r ,
Director, Office o f Management,
Administration and Planning.
[P R Doc.77-12666 Piled 5-2-77;8:45 am]
[TA-W-1377]
FLO R SH EIM S H O E CO.
Negative Determ ination Regarding Eligi­
bility To Apply for Worker Adjustm ent
A ssista n ce
In accordance with Section 223 of the
Trade Act of 1974, the Department of
Labor herein presents the results of T A ­
W-1377: investigation regarding certifi­
cation of eligibility to apply for worker
adjustment assistance as prescribed in
Section 222 of the Act.
The investigation was initiated on De­
cember 7, 1976, in response to a worker
petition received on December 7, 1976,
which was filed by the United Shoe
Workers of America on behalf of work­
ers and former workers producing bot­
tom outsoles, heels, and insoles at the N.
Main St., Cape Girardeau, Missouri
plant of the Florsheim Shoe Company.
The investigation identified the prod­
ucts correctly as leather outsoles, in­
soles, heels, bottoms and tops, for use in
production of Florsheim’s men’s shoes.
The notice of investigation was pub­
lished in the F ederal R egister on Janu­
ary 4, 1977 (42 FR 880). No public hear­
ing was requested and none was held.
The information upon which the de­
termination was made was obtained
principally from officials of the Flor­
sheim Shoe Company, the U.S. Depart­
ment of Commerce, the U.S. Interna­
tional Trade Commission, industry ana­
lysts, and Department files.
In order to make an affirmative de­
termination and issue a certification of
eligibility to apply for adjustment assist­
ance, each of the group eligibility re­
quirements of Section 222 of the Trade
Act of 1974 must be met:
(1 ) That a significant number or propor­
tion of the workers in such workers’; firm, or
an appropriate subdivision thereof, have be­
come totally or partially separated, or are
threatened to become totally or partially sep­
arated;
(2) That sales or production, or both, o f
such firm or subdivision have decreased ab­
solutely;
(3) That articles like or directly competi­
tive with those produced by the firm or sub­
division are being imported in increased
quantities, either actual or relative to domes­
tic production; and
(4 ) That such increased imports have con­
tributed importantly to the separations, or
threat thereof, and to the decrease in sales
or production. The term “ contributed im ­
portantly” means a cause which is important
but not necessarily more important than any
other cause.
Without regard to whether any of the
other criteria have been met, criterion
number (2) has not been met.
The Cape Girardeau, Missouri plant
located at N. Main St. performs part of
an integrated operation fo r the produc­
tion of men’s shoes by Florsheim. The
FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, MAY 3, 1977
NOTICES
Cape Girardeau plant produces leather have been included in the original certi­
bottoms, tops, heels, insoles, and outsoles fication as eligible to apply fra* adjust­
exclusively for Florsheim. ment assistance.
Total sales o f men’s shoes by the ¿The subject workers were not identi­
Florsheim Shoe Company increased 3.1 fied in the initial investigation or the
percent in the fourth quarter of 1975 original certification because the com­
compared to the same quarter of 1974, pany maintained separate records and
and increased 2 percent in quantity from ledgers fo r field staff in other locations.
1975 to 1976. Total production increased
C o n c l u s io n
9.8 percent in the fourth quarter of 1975
compared to the same quarter of 1974, Based on additional evidence, a review
and increased 14 percent from 1975 to o f the entire record and in accordance
1976. with the provisions of the Act, I have de­
The 8 percent production decline at the termined that the following certification
Cape Girardeau plant from 1975 to 1976 is hereby made as follows:
was due to the Company’s shift in pro­
A ll workers at the Cincinnati, Ohio and
duction emphasis from shoes made with New Albany, Indiana plant o f H. A. Sein­
leather components towards shoes made sheimer Company who became totally or par­
with non-leather components, such as tially separated from employment on or after
crepe soles and piastic heel bases. The July I, 1976, including employees at the New
Cape Girardeau plant is solely engaged York office, are eligible to apply for adjust­
ment assistance under T itle II, Chapter 2,
in the production of leather components, o f the Trade Act of 1974.
while other Florsheim facilities produce
non-leather parts. All Florsheim plants Signed at Washington, D.C., this 21st
are located within the United States. day of April 1977.
C o n c l u s io n J ames F. T a y l o r ,
Director, Office of Management,
After careful review of the facts ob­ Administration and Planning.
tained in the investigation, I conclude
that sales and production of men’s shoes [FR Doc.77-12673 Filed 5-2-77;8;45 am]
have not declined and that increased im­
ports of articles like or directly com­
[TA-W-1423]
petitive with leather heels, bottoms, tops,
outsoles, and insoles produced at the HANNA FU R N A C E CO R P.
North Main Street, Cape Girardeau,
Negative Determ ination Regarding Eligi­
Missouri plant of the Florsheim Shoe bility To Apply for Worker Adjustm ent
Company did not contribute importantly A ssistan ce
to the total or partial separations of the
workers at that plant, as required for In accordance with Section 223 of the
certification under Section 222 of the Trade Act of 1974, the Department of
Trade Act of 1974. Labor herein presents the results of T A -
W-1423: investigation regarding certi­
Signed at Washington, D.C. this 22d fication of eligibility to apply for worker
day of April 1977. adjustment assistance as prescribed in
J am es F . T a y l o r , Section 222 of the Act.
Director, Office of Management, The investigation was initiated on
Administration and Planning. December 15, 1976, in response to a
worker petition received on that date
[FR Doc.77-12667 FUed 5-2-77;8:45 am]
which was filed by the United Steel­
workers of America on behalf of workers
[T A -W - 1240 and 1241] and former workers producing pig iron
at the Buffalo, New York plant of the
H. A. S E IN S H E IM E R CO. Hanna Furnace Corporation, a sub­
Revised Certification of Eligibility To Apply sidiary of the National Steel Corpora­
for Worker Adjustm ent A ssista n ce tion.
In accordance with Section 222 of the The noftce of investigation was pub­
Trade Act of 1974, and in accordance lished in the F ederal R e g ister on Janu­
with Section 223(a) o f such Aot, on Jan­ ary 4, 1977 (42 FR 881). No public hear­
uary 31, 1977, the Department o f Labor ing was requested and none was held.
issued a certification of eligibility to The information upon which the
apply for adjustment assistance appli­ determination was made was obtained
cable to workers and former workers at principally from officials of Hanna
the Cincinnati, Ohio and New Albany, Furnace Corporation, the U.S. Depart­
Indiana plants of H. A. Seinsheimer ment of Commerce, the United Steel­
workers of America, industry analysts,
Company (T A -W - 1240 and 1241).
The Notice of Certification was pub­ and Department files.
lished in the F ederal R eg ister (42 FR In order to make an affirmative
8019) February 8,1977. determination and issue a certification
Subsequent to the publication of the of eligibility to apply for adjustment
original determination, the Office of assistance, each of the group eligibility
Trade Adjustment Assistance received
an inquiry on behalf o f workers at the requirements of Section 222 of the Trade
New York, New York office of H. A. Act of 1974 must be met :
Seinsheimer Company. Further investi­ (1) That a significant number or propor­
gation revealed that two workers were tion o f the workers in the workers’ firm, or
an appropriate subdivision thereof, have be­
engaged in employment related to the come totally or partially separated, or are
production o f men’s tailored and leisure threatened to become totally or partially
suits, sportcoats, and trousers and should separated;

(2) That sales or production, or both, of
such firm or subdivision have decreased
absolutely;
(3) That articles like or directly competi­
tive with those produced by the firm or sub­
division are being imported in increased
quantities, either actual or relative to
domestic production; and
(4) That such increased imports have con«
tributed importantly to the separations, or
threat thereof, and to the decrease in sales
or production. The term “ contributed im ­
portantly” means a cause which is impor­
tant but not necessarily more important
than any other cause.
Without regard to whether any other
criteria have been met, criterion (3) has
not been met.
Evidence developed by the Depart­
ment’s investigation reveals that imports
of pig iron have not exceeded 0.7 percent
of domestic production from 1971
through October 1976, the latest date of
published aggregate import statistics.
Imports declined in absolute terms and
relative to domestic production in the
January to October period of 1976, as
compared to the same period of 1975.
C o n c lu s io n
After careful review of the facts ob­
tained in the investigation, I conclude
that imports of pig iron like or directly
competitive with pig iron produced at
the Buffalo, New York plant of the
Hanna fu rn ace Corporation have not
increased as required in Section 222 of
the Trade Act of 1974.
Signed at Washington, D.C., this 22d
day of April 1977.
J am es F . T aylo r,
Director, Office of Management,
Administration and Planning.
[FR Doc.77-12668 Filed 5-2-77;8:46 am]
[TA-W-1609]
J O -G A L SH O E, INC.
Certification Regarding Eligibility To Apply
for Worker Adjustm ent A ssistan ce
In accordance with Section 223 of the
Trade Act of 1974, the Department of
Labor herein presents the results of T A ­
W-1609: investigation regarding certifi­
cation of eligibility to apply for worker
adjustment assistance as prescribed in
Section 222 of the Act.
The investigation was initiated on
January 27,1977, in response to a worker
petition received on January 27, 1977,
which was filed by three workers on be­
half of workers and former workers pro­
ducing children’s, infants’ and misses’
shoes at Jo-Gal Shoe, Incorporated,
Lawrence, Massachusetts.
The Notice of Investigation was pub­
lished in the F e d e r a l R e g i s t e r on Feb­
ruary 15, 1977 (42 FR 9241). No public
hearing was requested and none was
held. -
The information upon which the de­
termination was made was obtained
principally from officials of Jo-Gal Shoe,
Inc., its customers, the U.S. Department
of Commerce, the U.S. International
Trade Commission, industry analysts,
and Department files.
FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, MAY 3, 1977
NOTICES
On September 2, 1976, the Depart­
ment Issued a notice of negative deter­
mination for all workers of Jo-Gal Shoe,
Inc. in Lawrence, Massachusetts in re­
sponse to a worker petition received on
June 29,1976 (TA -W -956).
In order to make an affirmative deter­
mination and issue a certification of
eligibility to apply for adjustment as­
sistance, each of the group eligibility re­
quirements of Section 222 of the Trade
Act of 1974 must be m et:
(1) That a significant number or propor­
tion o f the workers in the workers’ firm, or
an appropriate subdivision thereof, have be­
come totally or partially separated, or are
threatened to become totally or partially
separated;
(2) That sales or production, or both, o f
such firm or subdivision have decreased
absolutely;
(3) That articles like or directly competi­
tive with those produced by the firm or sub­
division are being imported in increased
quantities, either actual or relative to
domestic production; and
(4 ) That such increased imports have con­
tributed importantly to the separations, or
threat thereof, and to the decrease in sales
or production. The term "contributed im ­
portantly” means a cause which is important
but not necessarily more important than any
other cause.
The investigation has revealed that all
of the above criteria have been met.
S ig n if ic a n t T o t a l o r P a r t ia l
S e p a r a t io n s
Employment of production workers de­
clined 9.1 percent from 1973 to 1974, in­
creased 32.9 percent from 1974 to 1975,
and increased 5.7 percent from 1975 to
1976. Employment declined 7.7 percent in
the last six months of 1976 compared to
the same period of 1975.
S a l e s o f P r o d u c t io n , o r B o t h , H a v e
D ecreased A b s o lu t e ly
Sales and production quantities are
the same at Jo-Gal, since the company
does not produce for inventory. Sales de­
clined 10.4 percent in quantity from 1973
to 1974, increased 50.1 percent in quan­
tity from 1974 to 1975, and declined 3.4
percent in quantity from 1975 to 1976.
The quantity of sales declined 24.8 per­
cent in the last six months of 1976 com­
pared to the same period of 1975.
I ncreased Im po r ts
Jo-Gal produces children’s, misses’ and
infants’ nonrubber footwear.
Imports of children’s nonrubber foot­
wear, except athletic, increased abso­
lutely from 1971 to 1972 and declined
each year from 1973 through 1975. Im ­
ports increased relative to domestic pro­
duction from 1973 to 1974 and from 1974
to 1975. Imports increased absolutely and
relative to domestic production In the
first nine months of 1976 compared to
the same period of 1975. The ratio of
imports to domestic production increased
from 62.7 percent in the first nine
months of 1975 to 70.6 percent in the
same period of 1976.
Imports of infants’ and babies’ non­
rubber footwear increased absolutely
from 1971 to 1972, declined in each year
from 1972 to 1974, and then Increased
22435
from 1974 to 1975. Imports increased
absolutely and relative to domestic pro­
duction in the first nine months of 1976
compared to the same period o f 1975.
The ratio of imports to domestic produc­
tion increased from 29.7 percent in the
first nine months of 1975 to 38.5 percent
in the first nine months of 1976.
Imports o f misses’ nonrubber footwear,
except athletic, increased absolutely
from 1971 to 1972, increased relative to
domestic production from 1972 to 1973,
declined absolutely and relatively from
1973 to. 1974, and then increased rela­
tively from 1974 to 1975. Imports in­
creased absolutely and relative to domes­
tic production in the first niné months of
1976 compared to the same period 1975.
The ratio of imports to domestic produc­
tion increased from 45.6 percent in the
first nine months of 1975 to 78.9 percent
in the first nine months of 1976.
C o n t r ib u t e d I m p o r t a n t l y
A ll Jo-Gal’s retail customers who were
surveyed switched purchases from Jo-
Gal shoes to imports, primarily in the
second half o f 1976 compared to the
same period of 1975.
C o n c l u s io n
A fter careful review of the facts ob­
tained in the investigation, I conclude
that increases of imports like or directly
competitive with children’s, infants’ and
misses’ nonrubber footwear produced by
Jo-Gal Shoe, Inc., Lawrence, Massachu­
setts contributed importantly to the to­
tal or partial separation of the workers
of that firm. In accordance with the pro­
visions of the Act, I make the following
certification.
A ll workers at the Lawrence, Massachu­
setts plant o f Jo-Gal Shoe, Incorporated who
became totally or partially separated from
employment on or after July 1, 1976 are
eligible to apply for adjustment assistance
under T itle II, Chapter 2 o f the Trade Act
o f 1974.
Signed at Washington, D.C., this 22d
day of April 1977.
J am es F. T aylo r,
Director, Office of Management,
Administration and Planning.
[FR Doc.77-12669 Filed 5-2-77;8:45 am]
[TA-W-1681]
MAIDEN FORM INC.
Negative Determ ination Regarding Eligi­
bility To Apply for Worker Adjustm ent
A ssista n ce
In accordance with Section 223 of the
Trade Act of 1974, the Department of
Labor herein presents the results of TA ­
W-1681: investigation regarding certifi­
cation of eligibility to apply fo r worker
adjustment assistance as prescribed in
Section 222 of the Act.
The investigation was initiated on Feb­
ruary 24, 1977, in response to a worker
petition received on February 11, 1976,
which was filed by the International
Ladies Garment Workers Union on be­
half of workers and former workers pro­
ducing brassieres, girdles and swimsuits
22436 NOTICES
at the Perth Amboy, New Jersey plant of worker petition received on that date Signed at Washington, D.C., this 22d
Maidenform Inc., Bayonne, New Jersey. which was filed by the United Steel­ day of April 1977.
The Notice of Investigation was pub­ workers of America on behalf of work­
lished in the F ederal R egister on March J ames F . T a y l o r ,
ers and former workers producing con­
8, 1977 (42 FR 13090). No public hearing crete reinforcing bars at the Tempe, Director, Office of Management,
was requested and none was held. Arizona plant of the Marathon Steel Administration and Planning.
The information upon which the de­ Company, Phoenix, Arizona, a subsidiary [F R Doc.77-12671 Filed 5-2-77;8:45 am]
termination was made was obtained of Marathon Manufacturing Company,
principally from the International Ladies Houston, Texas.
[T A —W—1599]
Garment Workers Union Officials of The Notice of Investigation was pub­
Maidenform Inc. lished in the F ederal R eg ister on Janu­ M ISS SARAH, INC.
In order to make an affirmative deter­ ary 11, 1977 (42 FR 2374). No public Certification Regarding Eligibility To Apply
mination and issue a certification of eli­ hearing was requested and none was for Worker Adjustm ent A ssista n ce
gibility to apply for adjustment assist­ held.
ance, each of the group eligibility re­ The information upon which the de­ In accordance with Section 223 of the
quirements of Section 222 of the Trade termination was made was obtained Trade Act of 1974, the Department of
Act of 1974 must be met: principally from officials of the Mara­ Labor herein presents the results of TA­
thon Steel Company, the U.S. Interna­ W-1599: investigation regarding certifi­
(1) That a significant number or propor­ cation of eligibility to apply for adjust­
tion of the workers in such workers’ firm, or tional Trade Commission, U.S. Depart­
ah appropriate -subdivision o f the firm have ment of Commerce, industry analysts, ment assistance as prescribed in Section
become totally or partially separated, or are and Department files. 222 of the Act.
threatened to become totally or partially In order to make an affirmative deter­ The investigation was initiated on Jan­
separated; mination and issue a certification of uary 26, ‘ 1977, in response to a worker
(2) That sales or production, or both, of eligibility to apply for adjustment assist­ petition received on that date which was
such firm or subdivision have decreased ab­ ance, each of the group eligibility re­ filed by workers on behalf of workers and
solutely; former workers producing shrimp at
(3 ) That articles like or directly competi­ quirements of Section 222 of the Trade
tive with those produced by the firm or sub­ Act of 1974 must be met: Miss Sarah, Inc., Brownsville, Texas.
division are being imported in Increased • (1) That a significant number or propor­ The notice of investigation was pub­
quantities, either actual or relative to do­ tion o f the workers in such workers’ firm, or lished in the F ederal R e gister on Feb­
mestic production; and an appropriate subdivision theroof, have be­ ruary 8, 1977 (42 FR 8022). No public
(4 ) That such increased Imports have come totally or partially separated; hearing was requested and none was held.
contributed Importantly to the separation, (2) That sales or production, or both, of
such firm or subdivision have decreased The information upon which the de­
or threat thereof, and to the decrease in termination was made was obtained
sales or production. The term “ contributed absolutely;
(3) That articles like or directly competi­ principally from Miss Sarah, Inc., its cus­
im portantly’* means a cause which is im ­
portant but not necessarily more important tive with those produced by the firm or tomers, the U.S. International Trade
than any other cause. subdivision are being imported in Increased Commission, U.S. Department of Com­
quantities, either actual or relative to do­ merce, industry analysts, and Depart­
Without regard to whether any other mestic production; and ment files.
criteria have been met, criterion (1) has (4) That such increased imports have con­ In order to make an affirmative deter­
not been met. tributed importantly to the separations, or
threat thereof, and to the decrease in sales mination and issue a certification of eligi­
Evidence developed in the Depart­ or production. The term “ contributed im ­ bility to apply for adjustment assistance,
ment’s investigation reveals that no in­ portantly’’ means a cause which Is im ­ each of the group eligibility requirements
voluntary separations occurred from portant but not necessarily more important of Section 222 of the Trade Act of 1974
February 7, 1976, one year prior to tiie than any other cause. must be met:
signature date of the petition, to the (1) That a significant number or propor­
present. Without regard to whether any of the
other criteria have been met, criterion tion of the workers in the workers’ firm, or
C o n c l u s io n an appropriate subdivision thereof, have be­
(2) has not been met.
After careful review o f the facts ob­ come totaUy or partially separated, or are
The Rolling M ill Division, Tempe, threatened to become totally or partially
tained in the investigation, I conclude Arizona, of the Marathon Steel Com­ separated;
that a significant number or proportion pany produces concrete reinforcing bars (2) That sales or production, or both, of
of the workers at the Perth Amboy, New from steel produced at the plant. Mara­ such firm or subdivision have decreased ab­
Jersey plant of Maidenform Inc. have thon Steel, a subsidiary of Marathon solutely;
not become totally or partially separated Manufacturing Company, also has a (3) That articles like or directly competi­
as required in Section 222 of the Trade manufacturing division in Phoenix, tive with those produced by the firm or sub­
Act of 1974. division are being imported in increased
Arizona. quantities, either actual or relative to domes­
Signed at Washington, D.C., this 22d The Department’s investigation re­ tic production; and
day of April 1977. vealed that production of concrete rein­ (4) That such increased imports have con­
forcing bars at the Tempe plant in­ tributed importantly to the separations, or
J ames F. T a y l o r , creased in quantity 12.5 percent in the threat thereof, and to the decrease in sales
Director, Office of Management, fourth quarter of 1975 compared to the or production. The term “contributed impor­
Administration and Planning. same quarter in 1974, and 6.0 percent in tantly” means a cause which is important
1976 compared to 1975. but not necessarily more important than any
[FR Doc.77-12670 Filed 5-2-77;8:45 am] other cause.
Sales of concrete reinforcing bars by
the Tempe plant increased in quantity The investigation has revealed that all
[T A —W—1509] 40.3 percent in the fourth quarter of four criteria have been met.
MARATHON S T E E L CO. 1975 compared to the fourth quarter of S ig n if ic a n t T o t a l or P a r t ia l
1974, and increased 0.8 percent in 1976 S e pa r a t io n s
Negative Determ ination Regarding Eligi­
bility To Apply for Worker Adjustm ent compared to 1975. The number of workers aboard shrimp
A ssista n ce C o n c l u s io n trawlers remain constant as insurance
In accordance with Section 223 of the regulations require a minimum crew of
After careful review of the facts ob­
Trade Act of 1974, the Department of tained in the investigation, I conclude three persons to meet safety standards.
Labor herein presents the results o f TA ­ Employment records in the shrimp fish­
W-1509: investigation regarding eligibil­ that sales or production of concrete re­ ing industry are not maintained accord­
ity to apply for adjustment assistance as inforcing bars at the Tempe, Arizona ing to number of hours .worked. There­
prescribed in Section 222 o f the Act. plant of the Marathon Steel Company fore, employment data are based on num­
The investigation was initiated on have not decreased as required in Sec­ ber of fishing trips per boat and gross
December 22, 1976, in response to a tion 222 of the Trade Act of 1974. crew earnings.

FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, MAY 3 1977


The number of trips declined 42.9 per­
cent in 1975 compared to 1974 and in­
creased 66.7 percent in 1976 compared
to 1975. Although the number of trips in
1976 increased compared to 1975, the
average gross earnings per trip declined.
Gross crew earnings declined 20.0 per­
cent in 1975 compared to 1974 and de­
clined 3.6 percent in 1976 compared to
1975.
S ales or P r o d u c tio n , or B o t h , H ave
D ecreased A b s o u t e l y
Sales of shrimp in terms of quantity
declined 39.6 percent in 1975 compared
to 1974 and declined 28.4 percent in 1976
compared to 1975.
I ncreased I m po r ts
Imports of shrimp in terms of quantity
decreased 9.3 percent in 1973 compared
to 1972 and increased 15.9 percent in
1974 compared to 1973. Imports declined
13.6 percent in 1975 compared to 1974
and increased 17.2 percent in 1976 com­
pared to 1975. The ratio of imports to
domestic production increased from
111.4 percent in 1975 to 116.8 percent in
1976.
C o n tr ibu te d I m p o r t a n t l y
The only customer of Miss Sarah,
Inc., indicated increased purchases of
imported shrimp in the last two years.
The reasons cited for increased import
purchases were due either to inadequate
domestic supplies or the required shrimp
sizes for their processing needs were not
available domestically.
C o n c l u s io n
After careful review of the facts ob­
tained in the investigation, I conclude
that increases of imports like or directly
competitive with shrimp produced by
Miss Sarah, Incorporated, contributed
importantly to the total or partial sepa­
rations of the workers at that firm. In
accordance with the provisions of the
Act, I make the following certification:
All workers at Miss Sarah, Inc., located in
Brownsville, Texas, who became totally or
partially separated from employndent on or
after October 1, 1976, are eligible to apply
for adjustment assistance under Title II,
Chapter 2 of the Trade Act of 1974.
Signed at Washington, D.C., this 21st
day of April 1977.
J ames F . T a y l o r ,
Director, Office of Management,
Administration and Planing.
[FR Doc.77-12672 Filed 5-2-77;8:45 am]
[TA-W-1425]
S O U L E S T E E L CO.
Negative Determ ination Regarding Eligi­
bility To Apply for Worker Adjustm ent
A ssistan ce
In accordance with Section 223 of the
Trade Act of 1974, the Department of
Labor herein presents the results of TA ­
W-1425: Investigation regarding certifi­
cation of eligibility to apply for worker
adjustment assistance as prescribed in
Section 222 of the Act.
FEDERAL REGISTER, VOL 42, NO. 85— TUESDAY, MAY I, 1977
NOTICES 22437
The invesitgation was initiated on De­ tion declined 5.8 percent from 1975 to
cember 15, 1976, in response to a worker 1976.
petition received on December 15, 1976, Sales and production of fence post sec­
which was filed by the United Steelwork­ tions increased 83.0 percent from 1975 to
ers of America on behalf of workers and 1976.
former workers producing reinforcing Total company sales at Soule Steel in­
bars and fence post sections at the Soule creased 6 percent from 1975 to 1976.
Steel Company, Carson, California. I ncreased I m po r ts
The Notice o f Investigation was pub­
lished in the F ederal R eg ister on Janu­ Imports of concrete reinforcing bars
ary 4, 1977 (42 FR 897). No public hear­ declined in absolute terms by 70.3 per­
ing was requested and none was held. cent from 1974 to 1975. Imports in­
The information upon which the de­ creased 18.2 percent in the first nine
termination was made was obtained months o f 1976 compared to the same
principally from officials of Soule Steel period in 1975. The ratio of imports to
Company, industry analysts, and Depart­ domestic shipments and consumption
ment files. increased from 4.4 percent and 4.3 per­
In order to make an affirmative deter­ cent, respectively, in the first nine
mination and issue a certification if eli­ months of 1975 to 4.8 percent and 4.6
gibility to apply for adjustment assist­ percent, respectively, in the first nine
ance, each of the group eligibility months of 1976.
requirements of Section 222 of the Trade Imports of fence gates, posts, and
Act of 1974 must be met: fittings declined in absolute terms by
83.0 percent from 1974 to 1975. Imports
(1) That a significant number or propor­ increased 250.0 percent in the first nine
tion o f the workers in the workers’ firm, or
an appropriate subdivision thereof, have be­
months of 1976 compared to the same
come totally or partially separated, or are period in 1975— an absolute increase
threatened to become totally or partially from .6 thousand short tons to 2.1 thou­
separated; sand short tons. The estimated ratio of
(2 ) That sales or production, or both, of imports to domestic production in­
such firm or subdivision have decreased creased from .3 percent in the first nine
absolutely; months of 1975 to 1.1 percent in the first
(3) That articles like or directly competi­ nine months of 1976.
tive with those produced by the firm or sub­
division are being imported in increased C o n t r ib u te d I m p o r t a n t l y
quantities, either actual or relative to do­
mestic production; and Consumption and demand for rein­
(4) That such increased imports have con­ forcing bars are closely related to busi­
tributed importantly to the separations, or ness in the construction industry. Total
threat thereof, and to the decrease in sales construction, in constant dollars, from
or production. The term “ contributed im ­ 1974 to 1975 declined 13.0 percent, while
portantly” means a cause which is impor­ nonresidential construction, the primary
tant but not necessarily more important than consumer of reinforcing bars, in the
any other cause.
same period, declined 17.1 percent.
The investigation has revealed that The CJarson, California plant of Soule
without regard to whether any of the Steel experienced a temporary shutdown
other criteria have been met, criterion in the first quarter of 1976. Sales and
(2) has not been met in regard to the production declines, as well as employ­
production of fence posts, and criterion ment declines, can be traced to that
(4) has not been met in regard to the quarter. Factors influencing these de­
production of reinforcing bars. clines include the temporary shutdown
because of an excessive rate of inventory
S ig n if ic a n t T o t a l or P a r t ia l
buildup and routine plant maintenance
S e pa r a t io n s
and repairs. No workers at Soule are on
Average quarterly employment of pro­ layoff status at the present time.
duction workers at Soule Steel increased Customers who contracted with Soule
as a supplier of rebars are construction
in each quarter of 1976 from the second
quarter through the fourth quarter, com­ companies, who subcontract construc­
pared to the previous quarter. Average tion jobs, or contractors, who actually
employment in those quarters increased perform construction work, both on a
2.3 percent, 7.6 percent, and 7.0 percent, competitive bid basis. These customers
respectively. Average employment in­ indicated that all rebars used on their
creased 7.4 percent in July through De­ respective construction jobs were pur­
cember 1976 compared to the same chased domestically and, to the best of
period in 1975. Average hours worked in­ their knowledge, all rebars used were
creased 2.6 percent from 1975 to 1976. produced domestically. Any business de­
A decline in average employment was clines at Soule can be attributed to gen­
experienced in the first quarter of 1976, eral declines in the construction indus­
when average employment declined 5.8 try. Customers stated that they have not
percent compared to the previous quar­ experienced any import influence in the
ter. Labor turnover data Indicate that market fo r reinforcing bars.
total accessions exceeded total separa­ A fter careful review of the facts ob­
tained in the investigation, I conclude
tions in 1976. that increased imports did not contribute
S ales of P r o d u c tio n , or B o t h importantly to the total or partial sepa­
H ave D ecreased A b s o l u t e l y
rations, or to the decline in sales or pro­
Sales o f reinforcing bars declined 3.0 duction at Soule Steel Company, Carson,
percent from 1975 to 1976 while produc­ California as required in Section 222 of
22438
the Trade Act of 1974. The petition is,
therefore, denied.
Signed in Washington, D.C., this 22d
day of April 1977.
J am e s P . T a y l o r ,
Director, Office of Management,
Administration and Planning.
[ f U Doc.77-12674 Piled 6-2-77; 8:45 am]
[TA-W-1503]
S T R U C T U R A L FA B R ICA TIN G PLANT,
K A IS E R S T E E L CO R P.
Negative Determ ination Regarding Eligi­
bility To Apply for Worker Adjustm ent
A ssista n ce
In accordance with Section 223 of the
Trade Act of 1974, the Department of
Labor herein presents the results of T A ­
W-1593: Investigation regarding certi­
fication of eligibility to apply for worker
adjustment assistance as prescribed in
section 222 of the Act.
The investigation was initiated on No­
vember 10, 1976, in response to a worker
petition received on that date which was
filed by the United Steelworkers of
America on behalf of workers and for­
mer workers producing Fabricated
Structural Shapes at the Fontana, Cali­
fornia Structural Fabricating plant of
Kaiser Steel Corporation.
The Notice of Investigation was pub­
lished in the F ederal R eg ister on Feb­
ruary 8, 1977 (42 FR 8022). No public
hearing was requested and none was
held.
The information upon which the de­
termination was made was obtained
principally from officials of Kaiser Steel
Corporation, the U.S. Department of
Commerce, the U.S. International Trade
Commission, industry analysts, and De­
partment files.
In order to make an affirmative deter­
mination and issue a certification of eli­
gibility to apply for adjustment assist­
ance, each of the group eligibility re­
quirements of Section 222 of the Trade
Act of 1974 must be met :
(1) That a significant number or propor­
tion of the workers in the workers’ firm, or
an appropriate subdivision thereof, have
become totally or partially separated, or are
threatened to become totally or partially
separated;
(2) That sales or production, or both, of
such firm or subdivision have decreased
absolutely;
(3) That articles like or directly competi­
tive with those produced by the firm or sub­
division are being imported in increased
quantities, either actual or relative to domes­
tic production; and
(4) That such increased imports have
contributed importantly to the separations,
br threat thereof, and to the decrease in
sales or production. The term “ contributed
importantly” means a cause which is im ­
portant but not necessarily more important
than any other cause.
The Department’s investigation re­
vealed that criteria two (2) and four (4)
have not been met.
FEDERAL REGISTER, VOL 42, NO. 85— TUESDAY, MAY 3, 1977
NOTICES
S ig n if ic a n t T o t a l or P a r tia l
S e p a r a t io n
Average production employment at the
plant Increased 26 percent in 1974 from
1973 and 23 percent in 1975 from 1974:
Average employment declined 8 percent
in 1976 from 1975.
S ales or P r o d u c tio n , or .B o t h , H ave
D ecreased A b s o l u t e l y
All production is to customer order so
production equals sales.
Sales at the plant declined 18 percent
in value in 1974 from 1973 and increased
82 percent in 1975 from 1974. Sales in the
first 11 months of 1976 were 62 percent
higher than the same period of 1975.
Sales in net tons, decreased 53 percent
in 1974 from 1973, increased 6 percent in
1975 from 1974 and increased 164 per­
cent in the first 11 months of 1976 com­
pared to the same period in 1975.
I ncreased I m po r ts
Imports of fabricated structural
shapes into the U.S. decreased absolutely
and relative to domestic shipments in
1972, 1973, and 1974 from the previous
year. Imports increased 3.6 percent
absolutely in 1975 from 1974 and 3.2 per­
cent in the first 9 months of 1976 com­
pared to the same period of 1975.
Relative to domestic shipments, imports
increased from 1.6 percent in 1974 to 2.0
percent in 1975 and 2.6 percent in the
first 9 months of 1976 compared to 2.2
percent in the first 9 months of 1975.
Since 1971, imports of Fabricated
Structural Shapes have never been
more than 3 percent of domestic ship­
ments.
C o n t r ib u te d I m p o r t a n t l y
Customers of the Structural Fabricat­
ing Plant of Kaiser have not shifted pur­
chases from Kaiser to off-shore
producers.
C o n c l u s io n
After careful review of the facts
obtained in the investigation, I conclude
that increases of imports like or directly
competitive with fabricated structural
shapes produced at the Fontana, Cali­
fornia, Structural Fabricating Plant of
Kaiser Steel Corporation did not con­
tribute importantly to the total or partial
separation of the workers at that plant.
Therefore, workers at the plant are not
eligible to apply for adjustment assist­
ance.
Signed at Washington, D.C., this 26th
day of April 1977.
J ames F . T a y l o r ,
Director, Office of Management,
Administration and Planning.
(F R Doc.77-12675 Filed 5-2-77;8:45 am]
[T A -W - 1156, 1157, 1158, and 1271]
S W E E T R E E M ILLS, INC.
Revised Certification of Eligibility To Apply
for Worker Adjustm ent A ssistan ce
In accordance with Section 222 of the
Trade Act of 1974, and in accordance
with Section 223(a) of such Act, on
December 30, 1976, the Department of
Labor issued a certification of eligibility
to apply for adjustment assistance appli­
cable to workers and former workers at
the Cherryville and K ing’s Mountain
plants of Sweetree Mills, Inc. (T A -W -
1156, 1157, 1158, and 1271).
The Notice of Certification was pub­
lished in the F ederal R e g ister on Janu­
ary 11, 1977 (42 FR 2383).
Subsequent to the publication of the
original determination, the Office of
Trade Adjustment Assistance received
an inquiry on behalf of workers at the
New York, New York office of Sweetree
Mills, Inc. Further investigation revealed
that eight employees were engaged in
employment related to the production
of ladies knit sweaters and knit sports­
wear and should have been included in
the original certification as eligible to
apply for adjustment assistance.
The subject workers were not identi­
fied in the initial investigation or the
original certification because the com­
pany maintained separate records and
ledgers for field staff in other locations.
C o n c l u s io n
Based on additional evidence, a re­
view of the entire record and in accord­
ance with the provisions of the Act, I
have determined that the following cer­
tification is hereby made as follows:
A ll workers at the Cherryville, and K ing’s
Mountain, North Carolina plants o f Sweetree
Mills Inc., who became totally or partially
separated from employment on or after Sep­
tember 30, 1975, including employees at the
New York, New York office, are eligible to ap­
ply for adjustment assistance under T itle II,
Chapter 2 o f the Trade Act o f 1974.
Signed at Washington, D.C., this 22d
day of April 1977.
J am es F. T a y l o r ,
Director, Office of Management,
Administration and Planning.
[FR Doc.77-12676 Filed 5-2-77;8:45 am]
[TA-W-1570]
W EY EN B ER G S H O E M AN UFACTURIN G CO.
M ILW AUK EE S O L E PLAN T
Negative Determination Regarding Eligi­
bility To Apply for Worker Adjustment
A ssistan ce
In accordance with Section 223 of the
Trade Act of 1974, the Department of
Labor herein presents the results of TA­
W-1570: investigation regarding certifi­
cation of eligibility to apply for worker
adjustment assistance as prescribed in
Section 222 of the Act.
The investigation was initiated on
January 10,1977, in response to a worker
petition received on that date which was
filed by the Boot and Shoe Worker’s
Union on behalf of workers and former
workers producing men's insoles and
outsoles at the Milwaukee Sole plant of
the Weyenberg Shoe Manufacturing
Company, Milwaukee, Wisconsin.
The notice of investigation was pub­
lished in the F ederal R egister on Janu-

ary 28, 1977 (42 P R 5457). No public
hearing was requested and none was
held.
The information upon which the de­
termination was made was obtained
principally from officials of the Weyen-
berg Shoe Manufacturing Company, the
U.S. International Trade Commission,
industry analysts, and Department files.
In order to make an affirmative deter­
mination and issue a certification of eli­
gibility to apply for adjustment assist­
ance each of the group eligibility re­
quirements of Section 222 of the Trade
Act of 1974 must be met:
(1) That a significant number or propor­
tion of the workers in the workers’ firm, or
an appropriate subdivision thereof, have be­
come totally or partially separated, or are
threatened to become totally or partially sep­
arated;
(2) That sales or production, or both, of
such firm or subdivision have decreased ab­
solutely;
(3) That articles like or directly competi­
tive with those produced by the firm or sub­
division are being imported in increased
quantities, either actual or relative to do­
mestic production; and
(4) That such increased imports have con­
tributed importantly to the separations, or
threat thereof, and to the decrease in sales
or production. The term “ contributed impor­
tantly” means a cause which is important
but not necessarily more important than any
other cause.
The Department’s investigation reveals
that criterion (2) and criterion (4) have
not been met.
S ig n if ic a n t T o tal or P a r tia l
S e pa r a t io n s
The average number of production
workers at the Milwaukee Sole Plant of
the Weyenberg Shoe Manufacturing
Company declined 9 percent in 1975 com­
pared to 1974 and increased 2 percent in
1976 compared to 1975.
S ales or P r o d u c tio n , or B o t h
D ecreased A b s o l u t e l y
Production at the Milwaukee Sole
Plant is a function of sales of domesti­
cally produced shoes by Weyenberg. Sales
of domestically produced shoes by W ey­
enberg increased 1 percent in 1975 com­
pared to 1974 and increased 3 percent
in 1976 compared to 1975.
Production of insoles and outsoles at
the Milwaukee Sole plant increased 15
percent in -quantity in 1975 compared to
1974 and increased 19 percent in 1976
compared to 1975.
I ncreased I m po r ts
Imports of men’s dress and casual
footwear increased from 47.5 million
pains in 1971 to 56.4 million pairs in 1973.
Imports declined to 47.5 million pairs in
1975. Imports increased from 35.3 million
pairs in the first three quarters of 1975
to 44.7 million pairs in the first three
quarters of 1975.
Imports as a percentage of production
declined from 53.5 percent in 1974 to
44.9 percent in 1975 and increased from
46.1 percent in the first three quarters
of 1975 to 52.1 percent in the first three
quarters of 1976.
NOTICES
C o n t r ib u te d I m p o r t a n t l y
Separations of workers from the M il­
waukee Sole Plant in late 1976 were due
to the elimination of heel production and
certain finishing operations at the plant.
Heel production and finishing operations
previously performed at the plant are
now contracted to domestic firms.
C o n c l u s io n
After careful review of the facts ob­
tained in the investigation I conclude
that neither sales nor production de­
creased absolutely nor did increases of
imports of articles like or directly com­
petitive with men’s insoles and outsoles
produced at the Milwaukee Sole Plant
of the Weyenberg Shoe Manufacturing
Company did not contribute importantly
to the separations of the workers at that
plant. *
Signed at Washington, D C., this 21st
day of April, 1977.
J ames F. T a y l o r ,
Director, Office of Management,
Administration and Planning.
[PR Doc.77-12678 Filed 5-2-77;8:45 am]
[TA-W-1536]
W ILTON C O R P., TO O L DIVISION
Certification Regarding Eligibility To Apply
for Worker Adjustm ent A ssistan ce
In accordance with Section 223 of the
Trade Act of 1974, the Department of
Labor herein presents the results of TA ­
W-1536: investigation regarding certifi­
cation of eligibility to apply for worker
adjustment assistance as prescribed in
Section 222 of the Act.
The investigation was initiated on De­
cember 30, 1976, in response to a worker
petition received on December 30, 1976,
which was filed by the United Steelwork­
ers of America on behalf o f workers and
H ave former workers producing home and
workshop vises, at the Tool Division of
the Winchester, Tennessee plant of the
Wilton Corporation.
The Notice of Investigation was pub­
lished in the F ederal R eg ister on Jan­
uary 18, 1977 (42 FR 3381). No public
hearing was requested and none was
held.
The information upon which the de­
termination was made was obtained
principally from officials of the Wilton
Corporation, its customers, the U.S. De­
partment of Commerce, the U.S. Inter­
national Trade Commission, industry an­
alysts, and Department files.
In order to make an affirmative de­
termination and issue a certification of
eligibility to apply for adjustment as­
sistance, each o f the group eligibility re­
quirements o f Section 222 of the Trade
Act of 1974 must be met.
(1) That a significant number or propor­
tion o f the workers in the workers’ firm, or
an appropriate subdivision thereof, have be­
come totally or partially separated, or are
threatened to become totally or partially
separated;
(2 ) That sales or production, or both, of
such firm or subdivision have decreased ab­
solutely;
FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, MAY 3, 1977
22439
(3 ) That articles like or directly competi­
tive with those produced by the firm or sub­
division are being Imported in increased
quantities, either actual or relative to domes­
tic production; and
(4) That such increased imports have con­
tributed importantly to the separations, or
threat thereof, and to the decrease in sales
or production.
The investigation has revealed that all
four of the above criteria have been met.
S ig n if ic a n t T o t a l or P a r t ia l
S e pa r a t io n s
The average number of hourly produc­
tion workers employed by the Tool Di­
vision of the Winchester, Tennessee plant
of the Wilton Corporation declined 5.4
percent in 1975 compared to 1974 and
30.0 percent in 1976 compared to 1975.
S ales or P r o d u c tio n , or B o t h , H ave
D ecreased A b s o l u t e l y
Sales of home and workshop vises de­
clined 3.7 percent in 1975 compared to
1974 and then increased 27.7 percent in
1976 compared to 1975.
Sales declined 0.4 percent in the fourth
quarter of 1976 compared to the fourth
quarter of 1975.
I ncreased I m po r ts
Imports of utility, workshop, and
homeshop bench vises increased abso­
lutely and relatively to domestic produc­
tion in 1973 compared to 1972 and then
declined absolutely and relatively in 1974
compared to 1973. Imports declined abso­
lutely, but increased relatively in 1975
compared to 1974. Imports increased
101.3 percent in quantity in 1976 com­
pared to 1975. The ratios of imports to
domestic production and consumption
increased from 241 percent and 71 per­
cent, respectively, in 1975 to 435 percent
and 81 percent, respectively, in 1976.
C o n t r ib u te d I m po rtantly
The Tool Division of the Winchester,
Tennessee plant of the W ilton Corpora­
tion continued production and main­
tained employment throughout most of
1976 in anticipation o f an expansion of
the home and workshop vise market.
Consequently, the company experienced
a build-up in its inventory of home and
workshop vises. A t the end of the second
quarter of 1976, the Tool Division’s in­
ventory of home and workshop vises had
increased 376.9 percent compared to the
second quarter of 1975. The company
was finally forced to reduce production
in an attempt to reduce inventory; con­
sequently, employment declines were ex­
perienced in the fourth quarter of 1976.
The Department’s investigation re­
vealed that customers of the Wilton
Corporation have indicated that they
have reduced purchases from the Wilton
Corporation and increased purchases of
imported home and workshop vises. The
price differential between domestic and
imported home and workshop vises was
the factor cited most frequently as the
reason that customers switched from
domestic to foreign suppliers.
C o n c l u s io n
A fter careful review o f the facts ob­
tained in the investigation, I conclude
22440 NOTICES
that increases of imports like or directly WOMEN IN S C IE N C E PROGRAM, P R O JEC T cal, Atmospheric, Earth, and Ocean Sci­
competitive with home and workshop D IR EC T O R S ences. ’•
vises produced by the Tool Division at 9:40 a.m.— Discussion of General Mode of
Meeting Operation and Selection o f Chairman.
the Winchester, Tennessee plant of the
Wilton Corporation contributed impor­ A project directors' meeting will be 10:30 a.m.— Break
held from 5 p.m. to 10 p.m. on Thursday, 10:45 a.m.— NSF and Contractor Staff Pres­
tantly to the total or partial separations entations.
of the workers of that plant. In accord­ May 19, 1977, and from 9 a.m. to 5 p.m. Noon— Recess.
ance with the provisions of the Act, I on Friday, May 20, 1977, at the Sheraton 1:30 p.m.— Discussion with Staff Members of
make the following certification: Park Hotel, 2660 Woodley Rd. N W „ Presentation Details.
Washington, D.C. 3 p.m.— Break.
All workers o f the .Tool Division at the
Winchester, Tennessee plant o f the Wilton The purpose of this meeting is to give 3:15 p.m.— Assignment of Study Tasks,
Corporation who became totally or partially project directors of the Science Career Chairman.
separated from employment on or after Oc­ Facilitation Projects component of Jhe 4:15 p.m.— Schedule and Arrangements for
tober 1, 1976, are eligible to apply for adjust­ Women in Science Program an oppor­ Future Meetings, Executive Secretary.
ment assistance under Title II, Chapter 2 tunity to exchange information regard­ 4:30 p.m — Adjourn.
o f the Trade Act o f 1974. ing the conduct of Science Career Fa­ M . R ebecca W in k l e r ,
Signed at Washington, D.C., this 21st cilitation Projects and to allow the pro­ Acting Committee
day of April 1977. gram staff to set into motion mecha­ Management Officer.
nisms for monitoring of projects. A pril 28, 1977.
J ames F . T a y l o r , While these project directors’ meetings
Director, Office of Management, [F R Doc.77-12699 Filed 5-2-77;8:45 am]
are not considered to be a meeting of an
Administration and Planning. “ advisory committee” as that term is de­
[P R Doc.77-12677 Piled 5-2-77;8:45 am] fined in Section 3 of the Federal Advisory OFFICE OF MANAGEMENT AND
Committee Act (Pub. L. 91-463) the con­ BUDGET
ferences are believed to be of sufficient
NATIONAL SCIEN CE FOUNDATION importance and interest to the general C LEA R A N C E O F R EP O R TS
S U B P A N E L ON T H E E T H IC S AND V A LU ES public to be announced in the F ederal L ist of R equests
IN S C IE N C E AND T ECH N O LO G Y PRO ­ R egister as meetings open for public at­ The following is a list of requests for
GRAM (EV IS T ) tendance and participation. clearance of reports intended for use in
Meeting The meeting will be chaired by Ms. M. collecting information from the public
Joan Callanan. Because of space limita­ received by the Office of Management
In accordance with the Federal Ad­ tion, members of the public who wish to
visory Committee Act, as amended, Pub. attend should call 202-282-7150 regard­ and Budget on April 26, 1977 (44 U.S.C.
3509). The purpose of publishing this
L. 92-463, the National Science Founda­ ing attendance at this meeting.
list in the F ederal R egister is to inform
tion announces the following meeting: the public.
M . R ebecca W in k l e r ,
Name: Subpanel on the Ethics and Values in Acting Committee The list includes the title of each re­
Science and Technology Program of the quest received; the name of the agency
Advisory Panel on Science Education Management Officer.
Projects. sponsoring the proposed collection of in­
A p r il 28, 1977. formation; the agency form number (s),
Date and time: May 19 and 20, 1977; 9 a.m.
to 5:30 pan. [FR Doc.77-12697 Filed 5-2-77;8:45 am] if applicable; the freqency with which
Place: Room 651, 5225 Wisconsin Ave., Wash­ the information is proposed to be col­
ington D.C.20550. lected; the name of the reviewer or re­
Type of m eeting: closed. AD HOC A D VISORY PA N EL FO R T H E viewing division within OMB, and an in­
Contact person: Dr. William A. Blanpied, Pro­ V ER Y LA R G E ARRAY dication of who will be the respondents
gram Director, EVTST, room W-666, Na­ Open Meeting to the proposed collection.
tional Science Foundation, Washington, Requests for extension which appear to
D.C. 20550; telephone: 202-282-7770. In accordance with the Federal Ad­ raise no significant issues are to be ap­
Purpose o f panel: T o provide aidvice and visory Committee Act, Pub. L. 92-463,
recommendations concerning support for
proved after brief notice through this
the National Science Foundation an­ release.
research in the EVIST program. nounces the following meeting: Further information about the items
Agenda: T o review and evaluate research Name: Ad Hoc Advisory Panel for the Very on this daily list may be obtained from
proposals as part o f the selection process Large Array. the Clearance Office, Office of Manage­
of awards. Date: May 19, 1977. ment and Budget, Washington, D.C.
Reason for closing: The proposals being re­ Time: 9:30 a.m.
Place: Room 421, National Science Founda­
20503 (202—395-45291), or from the re­
viewed include information o f a proprie­
tion, 1800 G Street NW., Washington, D.C. viewer listed.
tary or confidential nature, including tech­ 20550. N ew F orms
nical information; financial data, such as Type of m eeting: Open.
N A TIO N A L COMMITTEE O N TH E OBSERVANCE OF
salaries; and personal information con­ Contact person: Mr. Claud M. Kellett, Exec­
IN TE R N A TIO N AL W O M E N ’ S YEAR
cerning individuals associated with the utive Secretary, Ad Hoc Advisory Panel for
proposals. These matters are within ex­ the Very Large Array, room 618, National Registration Form (N.C.), on occasion, par­
Science Foundation, Washington, D.C. ticipants at State conference, Caywood, D.
emptions (4) and (6) o f 5 U.S.C. 552b(c), 20550, telephone 202-632-7340. Anyone who P., 395-3443.
Government in the Sunshine Act. plans to attend should notify Mr. K ellett Nomination Form (Iow a), on occasion, dele­
Authority to close meeting: This determina­ prior to the meeting. gates to National conference Caywood,
tion was made by the Committee Manage­ Summary minutes: May be obtained from D. P „ 395-3443.
ment Officer pursuant to provisions of Sec­ the Committee Management Coordination
DEPARTMENT o f h e a l t h , e d u c a t i o n , a n d
Staff, Management Analysis Office, room
tion 10(d) o f Pub. L. 92-463. The Commit­ 248, National Science Foundation, Wash­ WELFARE
tee Management Officer was delegated the ington, D.C. 20550. Office of Education, Assessment of Status of
authority to make such determinations by Purpose o f advisory panel:,To advise the Di­ Marketing o f Educational Materials for the
the Acting Director, NSP, ' on February rector of the National Science Foundation Handicapped, single time, developers of
18,1977. concerning the management and future special education materials, Kathy Wall-
planning of the Very Large Array (V LA ) man, 396-6140.
M . R ebecca W in k l e r , Project of the National Radio Astronomy
Acting Committee Observatory. d epartm ent of t h e treasury

Management Officer. Bureau o f Customs, Importer's Premises

Sum m ary A genda
A p r il 28, 1977. Visit— Significant Importation Report 213,
9:30 a.m.— Welcome and Introductory Re­ on occasion, importers, Tracey Cole, 395-
[FR Doc.77-12698 Filed 5-2-77;8:45 am] marks— Assistant Director for AstronOinl- 5870.

FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, MAY 3, 1977


E x t e n s io n s
RAILROAD RETIREM ENT BOARD
Applicants Statement of Employment and
Wages, XJI-9, on occasion, applicants for
unemployment benefits, Marsha Trayn-
ham, 395-4529.
Bequest for Inform ation Re and Statement
o f Marital Status, Legal Termination of
(Previous M arriage), G—237, G-237A, on oc­
casion, railroad applicant— Employees,
Marsha Traynham, 395-4529.
Employees Eligibility for Hospital Insurance
Benefits, AA-101, AA-103, on occasion, rail­
road employees and their wives, Marsha
Traynham, 395-4529.
Application for Recomputation of Employee
Annuity Under RRA, AA—IB, on occasion,
retirement annuitants, Marsha Traynham,
395-4529.
P h i l l i p D. L ar sen ,
Budget and Management Officer.
[P R Doc.77-12741 Filed 5-2-77:8:45 am]
DEPARTMENT OF STATE
[Public Notice 541]
JO IN T A IR PO R T TO S E R V E P IN E C R E E K ,
M INNESOTA, AND PIN EY, MANITOBA,
CANADA
Proposed Agreem ent
The State of Minnesota and the Local
Governmental District of Piney, Mani­
toba, Canada, seek to enter into an
agreement establishing a joint airport to
serve Pinecreek, Minnesota and Piney,
Manitoba. Article One, Section 10 of the
U.S. Constitution provides that a State
may enter into an agreement with a
foreign government only with: the con­
sent of Congress. In section 608 of the
International Security Assistance and
Arms Export Control Act of 1976, Pub. L.
94-329, Congress granted its consent to
the joint airport agreement, and pro­
vided that the effectiveness of the agree­
ment would be conditioned upon its ap­
proval by the Department of State.
Pursuant to that mandate, the Depart­
ment of State invites public comment
bearing upon its decision whether to
approve the agreement. Comments
should be sent to the Assistant Legal Ad­
viser for Economic and Business Affairs,
Department of State, Washington, D.C.
20520.
The agreement contemplates the ex­
tension of the runway at the existing
Pinecreek Airport across the U.S.-
Canadian border and the construction
of an apron to contain a joint customs
facility. The purpose of these modifica­
tions is twofold: to bring the existing
airport into compliance with Federal
Aviation Administration standards, and
to facilitate the passage across the U.S.-
Canadian border of persons travelling
by air. The modifications do not involve
the construction of any permanent
structures within the 20-foot swath
maintained by the International
Boundary Commission under the 1925
Treaty in Regard to the Boundary be­
tween the United States and Canada, 44
Stat. 2102. It is contemplated that the
airport will be used exclusively by pro-
pellor-driven aircraft of a maximum
gross weight not to exceed 12,500 pounds.
H ie agreement provides for the cre-
FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, MAY 3, 1977
NOTICES
ation of a joint airport authority to be
governed by a joint board composed of
six members, three from each country.
Under specified rules of procedure, the
joint board is empowered to make nec­
essary rules and regulations concerning
the operation of the airport and the
maintenance of property under the con­
trol of the joint airport authority, sub­
ject to the approval of both the Assist­
ant Commissioner of the Minnesota De­
partment of Transportation, Division of
Aeronautics and the Local Governmen­
tal District of Piney. Such approval is
also required: (1) to authorize the joint
board to acquire or dispose of any real
property, air navigation facility, or air
protection privilege; and (2) to finalize
the budget of the joint airport author­
ity. Provisions are included to govern
renewal, amendment, and termination
of the agreement, as well as arbitration
of any disputes which may arise be­
tween the contracting parties.
Should the Department of State de­
cide to approve the agreement, certain
budgetary constraints upon the Division
o f Aeronautics of the Minnesota Depart­
ment of Transportation would require
that funds to be used for the joint air­
port project be encumbered by June 30,
1977. For this reason all comments
should be received by the Department of
State by May 20,1977.
Copies of the proposed agreement are
available for inspection in the Office of
the Assistant Legal Adviser for Eco­
nomic and Business Affairs, and upon
request will be mailed to interested
parties.
Dated: April 28, 1977.
P h i l l i p R. T r im b l e ,
Assistant Legal Adviser for
Economic and Business Affairs.
[FR Doc.77-12621 Filed 5-2-77:8:45 am]
[Public Notice CM-7/62]
SH IPPIN G COO RD IN ATIN G CO M M ITTEE,
U N ITED ST A T E S NATIONAL CO M M ITTEE
FO R T H E PR EV EN TIO N O F M ARIN E
PO LLU TIO N
Meeting
The working group on segregated bal­
last in existing tankers of the United
States National Committee for the Pre­
vention of Marine Pollution, a subcom­
mittee of the Shipping Coordinating
Committee, will hold an open meeting at
9:30 a.m. on Thursday, May 26, 1977, in
Room 8236 o f the Department of Trans­
portation, 400 Seventh Street, S.W.,
Washington, D.C.
In accordance with the President’s ini­
tiative on oil spill control, the meeting
is called for the purpose of discussing
arguments in favor of imposing certain
construction requirements for all oil
tankers entering U.S. ports, specifically
segregated ballast on all tankers and
double bottoms on all new tankers.
Requests for further information on
the meeting should be directed to Capt.
J. R. Kirkland, United States Coast
Guard. He may be reached by telephone
on (area code 202) 426-2010.
22441
The Chairman will entertain com­
ments from the public as time permits.
R ichard K . B a n k ,
Chairman, Shipping
Coordinating Committee.
A p r il 27, 1977.
[F R Doc.77-12596 Filed 5-2-77:8:45 am]
O FFICE OF SCIEN CE AND
TECHNOLOGY POLICY
IN TER G O V ER N M EN TA L S C IE N C E , EN G I­
N EER IN G , AND TEC H N O LO G Y ADVI­
S O R Y PA N EL
Meeting
In accordance with the Federal Advi­
sory Committee Act, Pub. L. 92-463, the
Office of Science and Technology Policy
announces the following meeting:
NAME: Intergovernmental Science, En­
gineering, and Technology Advisory
Panel, Human Resources Task Force.
DATE: May 27,1977.
TIM E : 9 a.m. to 3 p.m.
PLACE: Room 3104, New Executive O f­
fice Building, 726 Jackson Place, N.W.,
Washington, D.C. ,
T Y P E OF MEETING : Open.
CONTACT PERSON:
Mr. Louis Blair, Executive Secretary,
Intergovernmental Science, Engineer­
ing, and Technology Advisory Panel,
Office of Science and Technology Pol­
icy (202/395-4596). Anyone who plans
to attend should contact Mr. Blair
by May 23.
PURPOSE OF THE PANEL: The Inter­
governmental Science, Engineering, and
Technology Advisory Panel was estab­
lished on November 4,1976. The Panel is
to identify State, regional and local gov­
ernment problems which research and
technology may assist in resolving or
ameliorating and to help develop policies
to transfer research and development
findings. The Human Resources Task
Force was formed on March 25, 1977. It
is responsible for identifying steps that
the Federal Government might take to
increase the involvement of State and
local governments in setting research
priorities in the human resources area
and to increase the applications of hu­
man resources related research and sci­
ence and technology products and proc­
esses in State and local governments.
M INUTES OF THE M EETING: Sum­
mary minutes o f the meeting will be
available from Mr. Blair.
T e n t a t iv e A genda
To discuss structure, objectives and
coordinative measures and to develop a
charter for the Human Resources Task
Force.
W il l i a m J. M o n t g o m e r y ,
Executive Officer, Office of
Science and Technology P ol­
icy.
A p r il 26, 1977.
[F R Doc.77-12571 Filed 6-3-77;8:45 am]
 22442
SECU RITIES AND EXCHANGE
COMMISSION
[Release No. 84-13469; File No. SR-
NYSE-77-14]
NEW Y O R K ST O C K EXCH A N G E, IN C.
Self-Regulatory O rganizations; Proposed
Rule Change
Pursuant to section 19(b) (1) of the
Securities Exchange Act of 1934, 15
U.S.C. 78s (b) (1), as amended by Pub. L.
No. 94-29, 16 (June 4, 1975), notice is
hereby given that on April 18, 1977, the
above-mentioned self-regulatory organi­
zation filed with the Securities and Ex­
change Commission a proposed rule
change as follows:
S t a t e m e n t of th e T erms o f S ubstance
o f t h e P roposed C o n s t it u t io n a l and
R u l e C hanges
The text of the proposed amendments
is attached as Exhibit I.
PURPOSE OF THE PROPOSED CONSTITUTIONAL
AND RULE CHANGES
The proposed changes would accom­
plish the following:
The primary purpose of the proposed
changes is to eliminate unnecessary lan­
guage from the Exchange Constitution
and to organize the various constitu­
tional and rule provisions relating to
member organization formation, ap­
proval and changes into a cohesive set
of requirements. A simplified Constitu­
tion would reduce the need for repeti­
tive membership ballots in order to ac­
commodate language changes which are
largely housekeeping in nature or are
mandated by the law.
While most of the proposed amend­
ments are housekeeping in nature, there
are several substantive changes included
in this proposal:
(a ) Article IX , section 3 is proposed
for an amendment to reflect expanded
summary proceedings available under
the Securities Reform Act of 1975. The
Act permits summary suspension in
cases of expulsion or suspension by an­
other self-regulatory organization or for
financial or operating difficulty (not lim­
ited to insolvency) which impairs safety
to investors, creditors, other members or
the Exchange. The proposed constitu­
tional amendment would, grant the
Board authority to reinstate a member
summarily suspended pursuant to the
requirements of the Act which will be
included in Exchange rules.
(b) Article IX , section 7(c) is proposed
for deletion since the conditions for
member corporation approval are con­
tained in proposed Rule 311, due process
provisions are contained in Article X IV
and definitions are contained in Article I,
section 3.
(c) Rule 311(a) is proposed for an
amendment to include that portion of
Article IX , section 7(a) which applies
to member organization approval by the
Exchange Board of Directors. The por­
tion o f section 7(a) which deals with
approval o f persons as allied members or
approved persons is proposed for inclu­
sion in proposed Rule 304(a). Reference
FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, MAY 3, 1977
NOTICES
may be made to Pile No. SR-NYSE-77-13 member organization of the Exchange.
fo r discussion of proposed Rule 304. This repositioning eliminates unneces­
(d) Proposed Rule 311(f) representssary and redundant language from the
a repositioning of Article IX , section Constitution and places all membership
7 (j), and is proposed for an amendment requirements in one cohesive set of rules.
to exclude Canada as a qualifying domi­ (iii) Not applicable.
cile for member organizations. The pur­ (iv) Not applicable.
pose of this deletion is to eliminate dis­ (v) The amendment relating to a U.S.
crimination among foreign organiza­ domicile requirement protects investors
tions. The U.S. domicile requirement is and the public interest by establishing
retained for the purpose of maintaining an equal legal basis under which the pur­
regulatory control, including the ability poses of the Securities Investors Protec­
to obtain legal service of any member tion Act may be carried out. The Board’s
organization. In this connection, in a reinstatement authority for members
letter to Chairman Hills dated January summarily suspended promotes just and
24, 1977, SIPC expressed concern over equitable principles of trade and re­
potential problems which may arise moves impediments to the mechanism of
when foreign broker-dealers become a free and open market by conforming
NYSE members and thereby become this authority to the Act’s expanded
members of SIPC by'operation of sec­ availability o f summary proceedings.
tion 3(a) (2) (B) of the Securities In ­ (yi) Not applicable.
vestors Protection Act o f 1970. SIPC be­ (vii) The amendment granting Board
lieves it would probably be impossible to authority to reinstate members summar­
carry out the purposes of SIPA with re­ ily suspended carries out the purposes of
spect to customers of foreign broker- section 6(d) of the Act by conforming
dealers should that ever become neces­ this authority with the expanded sum­
sary if these foreign members have no mary proceeding available in that sec­
place of business in the United States tion.
and do not maintain, substantial assets (viii) Not applicable.
in this country.
C o m m e n t s R eceived f r o m M embers ,
Under the proposed rules a member
P a r t ic ip a n t s or O th e r s o n P roposed
organization could be owned and con­ R u l e C hanges
trolled by foreign interests, but access
to the Exchange would be available to Comments were not solicited on this
them through U.S. subsidiaries. Thus, proposal.
the protective features of SIPA would be
B urd en o n C o m p e t it io n
more surely available if foreign members
This proposal will not impose any bur­
were organized as domestic corporations
subject to a federal district court’s ad­ den on competition.
judication that the customers are in On or before June 7, 1977, or within
need of SIPC protection. such longer period (i) as the Commission
All other changes represent reposi­ may designate up to 90 days of such date
tioning of various constitutional and rule if it finds such longer period to be appro­
provisions for the purpose of centraliz­ priate and publishes ' its reasons for so
ing member organization formation and finding or (ii) as to which the above
approval conditions into Rule 311, mentioned self-regulatory organization
changes within member organizations consents, the Commission will :
into Rule 312 and allied member and (A ) By order approve such proposed
approved person requirements into pro­ rule change, or
posed Rule 304 (see File No. SR-NYSE-
(B ) Institute proceedings to determine
77-13) . In this repositioning process, A r­ whether the proposed rule change should
ticle EX, sections 7 through 13, and Rules be disapproved.
316 and 320 would be deleted.
Interested persons are invited to sub­
BASIS UNDER THE ACT mit written data, views and arguments
concerning the foregoing. Persons desir­
(i) The repositioning of various con­ ing to make written submissions should
stitutional and rule provisions into one file 6 copies thereof with the Secretary
cohesive set of requirements enhances of the *Commission, Securities and Ex­
the Exchange’s capacity to carry out the change Commission, Washington, D.C.
purposes of the Act and to enforce com­ 29549. Copies of the filing with respect to
pliance by its members and persons as­ the foregoing and of all written submis­
sociated with its members with the Act sions will be available for inspection and
and the rules and regulations there­ copying in the Public Reference Room,
under. The expanded summary proceed­ 1100 L Streét NW., Washington, D.C.
ings available under the Act are re­ Copies of such filing will also be avail­
flected in the amendment to Article IX , able for inspection and copying at the
section 3, in granting Board authority to principal office o f the above-mentioned
reinstate members so suspended. Addi­ self-regulatory organization. All submis­
tionally, the U.S. domicile requirement sions should refer to the file number ref­
assures enhanced ability for the Ex­ erenced in the caption above and should
change to enforce compliance through be submitted on or before May 24, 1977.
available legal service.
For the Commission by the Division
(ii) The repositioning of various con­
stitutional and rule provisions relating of Market Regulation, pursuant to dele­
to members and member organizations gated authority.
into one cohesive set of requirements G eorge A . F it z s im m o n s ,
enhances the ability of any registered Secretary.
broker or dealer to be a member or A p r il 25, 1977.

E xhibit I— P roposed C onstitutional
A mendments
New language in italics; Deleted
language in (brackets]
ARTICLE IX— MEMBERSHIP, ALLIED MEMBER­
SHIP, MEMBER FIRMS, MEMBER CORPORA­
TIONS
* * * * * corporation no right or interest of any
ELECTION, REINSTATEMENT, READMITTANCE
TO MEMBERSHIP
S ec . 3. The Board o f Directors may ap­
prove as a member any person eligible
for membership or reinstate a member
summarily suspended tfor insolvency]
under the rules of the Exchange or read­
mit a person who has been expelled from
the Exchange.
* * * * * member corporation shall promptly re­
APPROVAL OF PARTNERSHIPS, CORPORATIONS,
ALLIED MEMBERS AND APPROVED PERSONS
[S e c . 7. (a) No partnership or corpo­
ration shall become or remain a member
firm or member corporation and no per­
son shall become or remain an allied
member or approved person unless ap­
proved by the Board of Directors.]1
CONDITIONS OF APPROVAL OF MEMBER
CORPORATION
[ (b) The Board of Directors shall not
approve a corporation as a member cor­
poration unless:
* * * * * *
(4) The board of directors of such cor­
poration shall designate its “ principal
executive officers” who shall be members
or allied members and shall exercise su­
pervision and control over the business
of such corporation in such areas as, the
Board of Directors of the Exchange may
from time to time determine;2
(5) The primary purpose of such cor­
poration is the transaction of business
as a broker or dealer in securities; and *
(6) Such corporation complies with
such additional requirements as the
Board of Directors of the Exchange may
from time to time prescribe.] *
WITHDRAWAL OF APPROVAL OF MEMBER
CORPORATION
[(c ) Approval o f a member corpora­
tion shall be withdrawn if :
(1) In the opinion of the Board of D i­
rectors of the Exchange any of the con­
ditions for approval contained in subsec­
tion (b) hereof cease to be maintained;
or
(2) Such corporation violates any of
its, or any member, allied member, or
approved person in such corporation vio­
lates any of his, agreements with the Ex­
change; or
(3) Such corporation fails to comply
with all the provisions of the Constitu­
tion of the Exchange and the rules and
requirements of the-Board of Directors
of the Exchange and practices of the
1 Proposed Buies 311(a) and 304(a) (SR -
NYSE—77-13).
8Proposed Rule 311(b) ( 5 ) .
8Proposed Rule 311(b) (6 ).
* Proposed Rule 311 (b ) (7 ).
FEDERAL REGISTER, VOL. 42 , NO. «5— TUESDAY, MAY 3, 1977
NOTICES
Exchange as the same may be amended
from time to time.]
• • * *
APPROVAL REVOCABLE
[ (e) The approval of a corporation as
a member corporation constitutes only
a revocable privilege and confers on the
nature whatsoever to continue as a
member corporation.] 8
* * * *
CONDITIONS FOR REDEMPTION OR
CONVERSION
[ (g ) Whenever a party who is required
to be approved by the Board as a mem­
ber, allied member or approved person
fails or ceases to be so approved, each
deem or convert to a fixed income secu­
rity such of its outstanding voting stock
as may be necessary to reduce such
party’s ownership Of voting stock in the
member corporation below that level
which enables such party to eexrcise con­
trolling influence over the management
or policies of such member corporation.]a
NON-VOTING COMMON STOCK— PROHIBITION
[(h ) Without the prior approval of
the Board of Directors no member cor­
poration shall issue any publicly held'se­
curity in the form of non-voting common
stock.]7
* * * *
[ (j ) Every member firm shall be a
partnership and every member corpora­
tion shall be a corporation created or
organized under the laws of, and shall
maintain its principal place of business
in, the United States or Canada or any
State or Province th ereo f.]8
* * * *
U se of F a c il it ie s of E xchange
S ec . [12] 7. The Exchange shall not be
liable for any damages sustained by a
member or an allied member or a mem­
ber firm or a member corporation grow­
ing out of the use or enjoyment of such
member, allied member, member firm
or member corporation of the facilities
afforded by the Exchange to members,
allied members, member firms and
member corporations for the conduct of
their business.
D e a th of S ole E x chang e M ember
GENERAL PARTNER
[S ec . 13. (a) The Board of Directors
may, on the application of the surviving
partners in a member firm whose only
general partner who was a member of
the Exchange has died, permit, notwith­
standing the death of such member, a
continuing partnership which otherwise
meets Exchange requirements, to have
the status of a member firm for such
period as the Board of Directors may
determine, under such conditions as it
* Proposed Rule 311 ( d ) .
8Proposed Rule 312(d).
TProposed Rule 311(e).
* Proposed Rule 311(f) as amended.
22443
may fix. The Board in its discretion may,
at any time during such period, withdraw
* such permission and upon such with­
drawal such status shall terminate.] *
* * * * *
P roposed R u l e A m e n d m e n t s
New language in italics;
deleted language (bracketed]
RULE 311— FORMATION AND APPROVAL
OF MEMBER ORGANIZATIONS
*
Rule 311. <a) Any [party] person who
proposes to form a member organization
or who proposes to become a member or
allied member in an organization for
which application is made for approval
as a member organization and any mem­
ber organization which proposes to admit
therein any:
(1) Member; (2) Allied member; (3)
Approved person,
shall notify the Exchange in writing be­
fore any such formation or admission,
and shall submit such information as
may be required by the Exchange. No
such member or member organization
shall become or remain a member orga­
nization unless all persons required to be
approved are so approved and execute
such agreements with the Exchange as
the Board of Directors may from time to
time prescribe.1
(b ) The Board of Directors shall not
approve a partnership or corporation as
a member organization unless:■*
♦ * * * *
(5) the board of directors of such cor­
poration designates its “principal execu­
tive officers" who shall be members or al­
lied members and shall exercise supervi­
sion and control over the business of such
* corporation in such areas as the Board of
Directors of the Exchange may from
time to time determine; and *
( 6) The primary purpose of such part­
nership or corporation is the transac­
tion of business as a broker or dealer in
securities; and8
(7) such partnership or corporation
complies with such additional require­
ments as the Board of Directors of the
Exchange may from time to time pre­
scribe.5
(c) In the case of existing corpora­
tions making application to become
member corporations, there shall be sub­
mitted to the Exchange:
( 1) A certified list of all holders of
record of each class of stock, giving the
name and address of the holder and the
number of shares of each class of such
stock held;
(2) A certified list of all persons who
are to become members, allied members,
directors or approved persons.
(3) A certified list of all persons des­
ignated as principal executive officers of
the corporation.
» Proposed Rule 312(b) (1 ).
1Article IX . Sec. 7(a)
2Article IX , Sec. 7 (b ) (SR-NYSE-77-13).
3Article IX , Sec. 7 (b ) (4) as amended.
* Article IX, Sec. 7 (b ) (5) as amended.
6 Article IX , Sec. 7 (b ) (6) as amended.
22444 NOTICES
In the case of corporations proposed and statement of understanding execu­ RULE 312— CHANGES W ITH IN MEMBER
to be organized, similar information ted by each party requiring the approval ORGANIZATION
shall be submitted to the Exchange.* of the Exchange under Rule 304.
(d) The approval of a corporation as a “In connection with my current appli­ New language in italics; deleted language
member corporation constitutes only a cation, I authorize the New York Stock [bracketed]
revocable privilege and confers on the Exchange, Inc. and any agent acting on Rule 312. (a ) Each member organiza­
corporation no right or interest of any it behalf, to conduct an investigation of tion shall promptly give to the Exchange
nature whatsoever to continue as a my character, general reputation, per­ notice in writing on such form as may
member corporation.'' sonal characteristics, mode of living and be required by the Exchange ( 1) on Form
(e) Without the prior approval of the credit worthiness. AD-12, of the death, retirement, or other
Board of Directors no member corpora­ “I authorize and request any and all termination of any party required to be
tion shall issue any publicly held security of my form er employers, and any other approved by the Exchange [under Rule
in the. form of non-voting common person to furnish to the New York Stock 311], (2) of the dissolution of the mem­
stock.* Exchange, Inc., and any agent acting on ber organization, or (3) o f the fact that
(/) Every member firm shall be a its behalf, any inform ation that they the primary purpose of such member or­
partnershiplind every member corpora­ may have concerning my character, gen­ ganization has ceased to be the trans­
tion shall be a corporation created or or­ eral reputation, personal characteristics, action of business as a broker or dealer
ganized under the laws of, and shall mode of living and credit worthiness. insecurities.
maintain its principal place of business Moreover, I hereby release each such em­ (b) In addition, in the case of a mem­
in, the United States or any State ployer and each such other person from ber corporation, such member corpora­
thereof. any and all liability of whatsoever na­ tion shall give written notice (1) of any
ture by reason of furnishing such in­ material change in the stockholdings of
* * * * * any member, allied member or approved
form ation to the New York Stock Ex­
(h ) Except as may be otherwise change, Inc. and any agent acting on its person of such member corporation, (2)
permitted by the Exchange, 1Î0 member behalf. of any proposed change in the directors
or allied member shall conduct business “Further, I recognize that I will be or officers, or (3) of any proposed change
under a firm name unless he has at least the subject of an investigative report or­ in the charter, certificate of incorpora­
one partner nor shall any member firm dered by the New York Stock Exchange, tion, by-laws or other documents on file
doing business with the public have less Inc. and acknowledge that I have been with the Exchange, or (4) of the failure
than two general partners who are active informed of my righ t to request infor­ to comply with all the conditions of ap­
in the firm ’s business; provided however, mation from the New York Stock E x­ proval specified in Rule 311 [happening
that if by death or otherwise a member change, Inc., concerning the nature and of any of the events specified in sub­
or allied member becomes the sole gen­ scope of the investigation requested.” 11 divisions (1 ), (2) and (3) of sub-para­
eral partner in a firm, he may continue .13 Agreement with the Exchange— graph (c) of Section 7 of Article IX of
business under the firm name fo r such Each member corporation and each the Constitution [ fl 1407].].
period as may be allowed by the Ex­ member, allied member and approved (c) Each member, allied member and
change. ( See Rule 404 2404] re carry­ person of the corporation must agree approved person of a member corpora­
ing of accounts by individual members.)9 with the Exchange that if any person. tion shall promptly notify his member
. * * * Supplementary Material: required to be approved by the Exchange corporation of any material acquisition
as a member, allied member or approved or disposition of shares of stock such
* * * * * corporation:
person fails or ceases to be so approved,
.11 Application— The papers required the corporation may be deprived by the (d ) Whenever a person who is required
to be submitted prior to approval of the Exchange of all the privileges of a mem­ to be approved by the Board as a mem­
form ation or admission of a member ber corporation unless the corporation ber, allied member or approved person
organization are as follows: redeems or converts the stock held by fails or ceases to be so approved, each
( 1) Letter giving name and address of such person as required under Rule 312.™ member corporation shall promptly re­
proposed or existing organization, date .14 Partnership agreements— For in­ deem or convert to a fixed income secu­
of proposed formation or admission, and form ation regarding the submission of rity such of its outstanding voting stock
names of all proposed or present officers copies of proposed partnership articles, as may be necessary to reduce such
and other parties required to be approved seen 2313.10.™ party’s ownership of voting stock in the
by the Exchange under Rules 304 and .15 Corporate documents— For infor­ member corporation below that level
311; and mation regarding the submission of which enables such party to exercise
( 2) individually executed applications copies of proposed or existing corporate controlling -influence over the manage­
by all parties whose approval by the documents and other agreements, see ment or policies of such member cor­
Exchange is required. H2313.20." poration*
The papers required to be submitted .16 No person shall be appointed an * * * * *
prior to approval of the admission to an officer o f a member corporation without (f) (1) The Board of Directors may, on
existing member organization of any the prior written approval of the E x­ the application of the surviving partners
party, other than a member, requiring change. in a member firm whose only general
the approval of the Exchange under Principal executive officers of a mem­ partner who was a member of the Ex­
Rule 304 and 311, are as follows: ber corporation must be members or al­ change has died, permit, notwithstand­
( 1) Letter stating name of such pro­ lied members and must be persons who ing the death of such member, a con­
posed party and proposed date of ad­ have been designated by the directors as tinuing partnership which otherwise
having senior principal executive respon­ meets Exchange requirements, to have
mission to member organization; and
sibility for various areas of the member the status of a member firm for such
( 2) an individually executed applica­ corporation’s business, including: Oper­
tion by such proposed party.™ period as the Board of Directors may de­
ations, compliance with rules and reg­ termine, under such conditions as it may
* * * * * ulations of regulatory bodies, finances fix. The Board in its discretion may, at |s
.12 Authorization and Statement of and credit, sales, underwriting, research any time during such period, withdraw
Understanding—Each member organiza­ and administration. A single individual such permission and upon such with­
tion, or proposed member organization, may have more than one, or all, of such drawal such status shall terminate.*
must submit the following authorization responsibilities.“ * * * * *
(g ) A fter the completion of a distri­
* Buie 813.24 as amended. “ Buie 312.17.
’ Article IX , Sec. 7 (e ). u Buie 313.25. bution of its securities no member cor-
•Article IX , Sec. 7 (h ). “ Buie 312.24.
• Buie 816. » Buie 312.26. 1Article IX , Sec. 7 (g ) as amended.
» B u ie 312.16. * Buie 320(b). •A rticle IX . Sec. 13(a).

fSDERAL REGISTER, V O L 4 2 , NO. «5— TUESDAY, MAY 3 , 1977


poration which has any publicly held
security outstanding shall effect any
transaction ( except ori an unsolicited,
basis) for the account of any customer in,
or make any recommendation with re­
spect to, any such security issued by such
member corporation or make any recom­
mendation of any such security issued by
any corporation controlling, controlled
by or under common control with such
member corporation.
No member corporation which has any
publicly held security outstanding shall,
without the prior written approval of the
Exchange, dispose of any such security
for its own account and no member cor­
poration shall acquire any such security
for its own account or for the account of
any corporation controlling, controlled by
or under common control with such mem­
ber corporation except with the prior
written approval of the Exchange or pur­
suant to the terms and provisions of such
security or of any agreement between the
member corporation and the holder of
such security, which agreement has pre­
viously been filed with and approved by
the Exchange *
(h ) A member corporation shall not
without the prior written approval of the
Exchange:
(1) Reduce its capital or purchase or
redeem any shares of any class of its
stock or in any way amend its charter,
certificate of incorporation or bylaws,
and the Exchange may at any time in its
discretion require the corporation to re­
store or increase capital or surplus, or
both.
(2) Issue any bonds, notes or other in ­
struments evidencing funded indebted­
ness of the corporation except pursuant
to the terms and provisions of such se­
curity or of any agreement between the
member corporation and the holder of
such security, which agreement has been
previously filed with and approved by the
Exchange.
(3) Amend, modify or cancel any
agreement made by it or any of its stock­
holders relating to the management of
the corporation or the issue or transfer
of securities of the corporation ( other
than agreements relating to ordinary se­
curities and commodities transaction) .*
(i) No member corporation subject to
Rule 325 shall, without th e prior written
consent of the Exchange, redeem or re­
purchase any shares of its stock on less
than six months notice given to the E x­
change no sooner than six months after
the original issuance of such shares (or
any predecessor shares). Each member
corporation shall promptly notify the Ex­
change if any redemption or repurchase
of any of its stock is postponed because
prohibited under the provisions of Secu­
rities and Exchange Commission Rule
15c3-l (see 1 5 c 3 -l(e )).B
(?) The Exchange may require any
member organization to file with the E x­
change a written report showing the use
made by the member organization of the
3Rule 320(d).
4Rule 320(e).
5Rule 320(f).
FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, MAY 3, 1977
NOTICES 22445
proceeds of any offering of any security informed of my right to request infor­
issued by such member organization.8 mation from the New York Stock Ex­
(k ) No stock shall be issued by a mem­ change, Inc., concerning the nature and
ber corporation except for cash or such scope of the investigation requested.” ] *
other consideration as may be approved * * * * *
by the, Exchange? - [.24 Partnership agreements.—-For
* * * Supplementary Material: information regarding the submission of
[.10 Constitutional provisions.— R e f­ copies of proposed partnership articles,
erence should be made to Article IX re­ see U2313.10.110
garding the method of becoming an allied [.26 Corporate documents.—For in­
member and the rights and privileges of formation regarding the submission of
allied memberships as well as Rules 311 copies of proposed or existing corporate
to 320 inclusive, relating to partnerships documents and other agreements, see
or corporations.] fl 2313.20]11
[.16 Application.—The papers re­
quired to be submitted prior to approval RULE 313— SUBMISSION OF- PARTNERSHIP
of the formation or admission of a mem­ ARTICLES— SUBMISSION OF CORPORATE
ber organization are as follows: DOCUMENTS
( l ) Letter giving name and address of * * * * *
proposed or existing organization, date * * * Supplementary Material:
of proposed formation or admission, and * * * * *
names of all proposed or present officers
and other parties required to be ap­ .18 Sole board member provision.—
proved by the Exchange under Rule 311; For information concerning sole board
and member provisions, see [Sections 13(a)
(2) Individually executed applicationsand 13(b) of Article IX of the Constitu­
by all parties whose approval by the Ex­ tion [fi 14131. See also] If 2312 and 2314.6.
change is required. * * * * *
The papers required to be submitted .21 Provisions concerning disposition
prior to approval of the admission to of stock.— The certificate of incorpora­
an existing member organization of any tion of a member corporation may cofi-
party, other than a member, requiring tain provisions that the corporation or
the approval of the Exchange under Rule its stockholders, or both, may have a
311 are as follows: prior right to purchase the stock of any
(1) Letter stating name of such pro­ stockholder upon such terms and con­
posed party and proposed date of ad­ ditions as may be specified therein.
mission to member organization: The Exchange will expect a member
(2) An individually executed applica­ corporation, either through its certificate
tion by such proposed p a rty .]8 of incorporation or separate agreements,
* * * * * to be in a position at all times to comply
[.17 Authorization and Statement of with the provisions of Rule 312(d). [Sub­
Understanding.— > section (g) of Article IX , Section 7 of the
Each member organization, or pro­ Constitution.]
posed member organization, must submit Each stock certificate of a member
the following authorization and state­ corporation shall carry on its face a
ment of understanding executed by each statement of any such provisions or a
party requiring the approval of the Ex­ full summary thereof.
change under Rule 311: * * * * *
“ In connection with my current ap­
[.24 List of Stockholders.— In the
plication I authorize the New York Stock case of existing corporations making ap­
Exchange, Inc. and any agent acting on plication to become member corpora­
its behalf, to conduct an investigation of tions, there shall be submitted to Regu­
my character, general reputation, per­ lation & Surveillance:
sonal characteristics, mode of living and
(1) A certified list of all holders of
credit worthiness.’’ record of each class giving the name and
“ I authorize and request any and all address of the holder and the number of
of my former employers, and any other shares of each class of such stock held;
person to furnish to the New York Stock
(2) A certified list of all persons who
Exchange, Inc., and any agent acting own beneficially 1 percent or more o f
on its behalf, any information that they the corporation’s outstanding voting
may have concerning my character, gen­ stock showing the percentage of such
eral reputation' personal characteristics, ownership;
mode of living and credit worthiness.
Moreover, I hereby release each such em­ (3) A certified list o f all persons who
ployer and each such other person from are to become members, allied members,
any and all liability of whatsoever na­ directors or approved persons, giving the
ture by reason of furnishing such infor­ name, address and number of shares of
mation to the New York Stock Exchange, each class of stock held indicating the
Inc., and any agent acting on its behalf.’’ type o f holding whether of record or
“ Further, I recognize that I will be the beneficially or both by such persons;
subject of an investigative report or­ (4) A certified list o f all persons des- !
dered by the New York Stock Exchange, ignated as principal executive officers
Inc., and acknowledge that I have been of the corporation.
«R u le 320(g). 9Proposed Rule 311.12.
7Rule 320(1); 10Proposed Rule 311.14.
8Proposed Rule 311.11. 11Proposed Rule 311.15.
22446 NOTICES

In the case of corporations proposed to research and administration. A Single (3) Amend, modify or cancel any
be organized, similar information shall individual may have more than one, or agreement made by it or any of its stock­
be submitted to Regulation & Surveil­ all, of such responsibilities.]2 holders relating to the management of
lance.]1 REDUCTION OF VOTING STOCK the corporation or the issue or transfer
[.25 Agreement with the Exchange.— of securities of the corporation (other
Each member corporation and each [(c ) Whenever a party fails or ceases than agreements relating to ordinary
member, allied member and approved to be approved by the Exchange as a securities and commodities transac­
person of the corporation must agree member, allied member or approved per­ tions).] B
with the Exchange that if any person son of a member corporation, such cor­
required to be approved by the Exchange poration shall redeem or convert to a REDEMPTION OR REPURCHASE OF STOCK
as a member, allied member or approved fixed income security such of its voting [ ( f ) No member corporation subject
person fails or ceases to be sò approved, stock owned by such party as may be to Rule 325 shall, without the prior writ­
the corporation may be deprived by the necessary to reduce such party’s owner­ ten consent of the Exchange, redeem or
Exchange of all the privileges of a mem­ ship of voting stock of such corporation repurchase any shares of its stock on
ber corporation unless the corporation below that level which enables such party less than six months notice given to the
redeems or converts the stock held by to exercise controlling influence over the Exchange no sooner than six months
such person as required under Sebsec- management of policies of such member after the original issuance of such shares
tlon (g) of Article IX , section 7 of the corporation.]3 (or any predecessor shares). Each mem­
Constitution.]2 TRANSACTIONS IN CORPORATION’S ber corporaiton shall promptly notify
RULE 316— MINIMUM OF ACTIVE PARTNERS SECURITIES the Exchange if any redemption or re­
IN FIRMS— USE OF A FIRM NAME purchase of any of its stock is postponed
[ (d) After the completion o f a distri­
because prohibited under the provisions
[Rule 316. Except as may be other­ bution of its securities no member cor- of Securities and Exchange Commission
wise permitted by the Exchange, no - poration which has any publicly held se­ Rule 15c3-l (see 15c3-l(e) ) . ] *
member or allied member shall conduct curity outstanding shall effect any trans­
business under a firm name unless he has action (except on an unsolicited basis) USE OF THE PROCEEDS OF OFFERING OF
at least one partner nor shall any mem­ for the account of any customer in, or STOCK
ber firm doing business with the public make any recommendation with respect [(g ) The Exchange may require any
have less than two general partners who to, any such security issued by such member organization to file with the Ex­
are active in the firm’s business: P ro­ member corporation or make any recom­ change a written report showing the use
vided, however, that if by death or mendation of any such security issued by made by the member organization of the
otherwise a member or allied member any corporation controlling, controlled proceeds of any offering of any security
becomes the sole general partner in a by or under common control with such issued by such member organization.]7
firm, he may continue business under the member corporation.
firm name for such period as may be No member corporation which has any FORMATION OF CORPORATE AFFILIATE OR
allowed by the Exchange. (See Rule 404 publicly held security outstanding shall, SUBSIDIARY OR ASSOCIATED PARTNERSHIP
[If 2404] re carrying of accounts by in­ without the prior written approval of the [(h ) No member organization may
dividual members.) ] 1 Exchange, dispose of any such security form a corporate affiliate, corporate sub­
for its own account and no member cor­ sidiary or associated partnership except
RULE 320— MISCELLANEOUS RESTRICTIONS
poration shall acquire any such security as provided by the Rules of the Board of
ON CORPORATE MEMBERS
for its own account or for the account Directors.]
Directors of any corporation controlling, controlled
by or under comhion control with such CONSIDERATION FOR THE ISSUANCE OF STOCK
[Rule 320. (a ) No person shall serve as member corporation except with the
& director of a member corporation with­ prior written approval of the Exchange [ (i) No stock shall be issued by a mem­
out the prior written approval of the or pursuant to the terms and provisions ber corporation except for cash or such
Exchange. All directors of a member cor­ of such security or of any agreement other consideration as may be approved
poration must be elected at each annual between the member corporation and the by the Exchange.]8
meeting and may, subject to the certifi­ holder of such security, which agree­ RULE 404— INDIVIDUAL MEMBERS NOT TO
cate of incorporation and by-laws of the ment has previously been filed with and CARRY ACCOUNTS
member corporation, serve any number approved by the Exchange.] *
of terms as director. Rule 404. No member organization
A t least a majority of the directors of CORPORATE CHANGES TO BE APPROVED shall carry accòunts for customers with­
a member corporation must be members BY EXCHANGE out the approval of the Exchange. No
or allied members; and each director who [(e ) A member corporation shall not member, doing business as an individual,
is not a member or allied member must without the prior written approval of the shall carry accounts for customers, ex­
be an approved person.]1 Exchange: cept as provided in Rule 311(h) [12311]
Officers [316W231611.
(1) Reduce its capital or purchase or
[ P R Doc.77-12639 F ile d 5 -2 -7 7 ;8 :4 5 a m ]
[(b ) No person shall be appointed an redeem any shares of any class of its
officer of a member corporation without stock or in any way amend its charter,
the prior written approval of the certificate of incorporation or by-laws, [R e lease N o. 34-13468; P ile N o. S R - N Y S E -
Exchange. and the Exchange may at any time in its 77-13]
Principal executive officers of a mem­ discretion require the corporation to re­ NEW YORK STOCK EXCHANGE, INC.
ber corporation must be members or store or increase capital or surplus, or
allied members and must be persons who both. Self-Regulatory Organizations; Proposed
have been designated by the directors (2) Issue any bonds, notes or other in­ Rule Change
as having senior principal executive re­ struments evidencing funded indebted­ Pursuant to section 19(b)(1) o f the
sponsibility for various areas of the ness of the corporation except pursuant Securities Exchange Act of 1934, 15
member corporations’ business, includ­ to the terms and provisions of such U.S.C. 78s (b) (1), as amended by Pub. L.
ing: Operations, compliance with rules security or of any agreement between No. 94-29, 16 (June 4, 1975), notice is
and regulations of regulatory bodies, the member corporation and the holder hereby given that on April 18, 1977, the
finances and credit, sales, underwriting, of such security, which agreement has above mentioned self-regulatory organi­
been previously filed with and approved zation filed with the Securities and
by the Exchange.
1Proposed Rule 311(c).
9Proposed Rule 311.13. 8Proposed Rule 312(h ).
. 1Proposed Rule 311 ( h ) . 9Proposed Rule 311.16. * Proposed Rule 312 ( i ) .
1Redundant with proposed Rule 311 (a) * Redundant with proposed Rule 312(d). TProposed Rule 312( j ) .
and (b ). 9Proposed Rule 312(g). * Proposed Rule 3 1 2(k).

FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, MAY 3, 1977

 NOTICES 22447

Exchange Commission proposed rule ness” (acting as an investment advisor routine inspections with respect to asso­
changes as follows: or transacting business generally as a ciated persons who are In a securities
broker or dealer in securities, including, related business.
T ext op P roposed R ule C hanges —
The Exchange submits that it is con­
but not limited to, servicing customer ac­
A ttached as E xhibit I counts or introducing them to another sistent with the A ct’s mandate to estab­
purpose op proposed constitutional person). lish different regulatory requirements for
AND RULE CHANGES Persons not engaged in a “ securities different classes of persons associated
or kindred business” who are controlled with a member or member organization,
The 1975 amendments to the Securities
by or under common control with a mem­ provided such regulation is developed and
Exchange Act require the Exchange to
ber or member organization would be administered in a non-discretionary
enforce compliance by its members and reported to the Exchange under proposed manner. As stated in SEC Release No!
persons associated with its members amendments to Rule 346 (see SR-NYSE- 34-12994:
with the Act, the rules thereunder and 77-11).
applicable rules of the Exchange. This Exchanges and associations may develop
B. In adopting SEC Rule 19g2-l, thetheir own rules (subject to Commission re­
general expansion of Exchange regu­ SEC noted that: view) to apply to particular classes o f asso­
latory responsibilities was defined in SEC ciated persons; accordingly, it is not neces­
Release No. 34-12994 adopting SEC Rule In carrying out the enforcement obliga­
sary for section 1 9 (g )(2 ) to authorize the
19g2-l. Therefore, to discharge its tion which they retain under section 19 Commission to take action with respect to
(g )(1 ) of the Act, as modified by Rule
statutory responsibilities, the Exchange 19g2-l, exchanges and associations may be­ the obligation o f exchanges and associations
has approved the amendments herein. to enforce their own rules. (Footnote 12).
lieve it useful to secure the cooperation of
Specifically, the amendments accom­ certain associated persons o f members by C. It should be noted that while the
plish the following. having them enter into appropriate agree­ above definition of approved person is,
A. Exchange rules currently enable ments subjecting themselves to (among in certain respects, broader in scope and
the Exchange to comply and to enforce other things) regulatory oversight inspec­ more limited in depth, than the param­
compliance by its members and certain tions and disciplinary proceedings (SEC Re­ eters of “securities persons” set forth in
categories of persons associated with its lease No. 34-12994, footnote 38). SEC Rule 19g2-l, it merely establishes
members with the rules of the Exchange Proposed Rule 304(h) herein requires, Exchange jurisdiction to enforce com­
and the provisions of the Act. Associated approved persons to sign an agreement pliance with its rules over those persons
persons currently regulated are partners, which the Exchange submits is consist­ associated with a member or member
officers, directors, branch office managers ent with section 6(c) (3) (C) of the Act. organization. As such, it is an essential
and employees. Approved persons would be required to initial step and does not purport to ex­
The proposed amendments would agree to supply the Exchange with in­ tend all Exchange Rules to those persons
extend Exchange regulatory authority formation with respect to such persons associated with a member who are de­
over those persons who, directly or in­ relationships and dealings with its asso­ fined as approved persons.
directly, control, are controlled by, or ciated member or member organization The Exchange’s initiative in defining
are under common control with a mem­ as the Exchange may reasonably require, those “ certain associated persons” who
ber or member organization. To accom­ and to permit examination by the Ex­ must sign an agreement with the Ex­
plish this, the Exchange had adopted change of its books and records to verify change was undertaken after careful
the definitions of “ control” set forth in the accuracy of information required to consideration, of the potential burden
SEC Rule 19g2-l, and “ person” as con­ be supplied. These provisions are consist­ upon these approved persons and of the
tained in the Act. ent with section 6(c) (3) (C) in that such need for uniform regulation of such as­
The “ allied member” definition would information is limited by a standard of sociated persons.
be amended to include an employee who reasonableness and restricted to the ap­ Persons controlling a member— The
is not a member, who controls a member proved persons dealing with its asso­ deletion of the requirement that owners
partnership, or a member corporation. ciated members. I t is essential that the of 5 percent of the voting stock be ap­
Therefore, the requirement that an Exchange have such a regulatory tool proved persons and the introduction of
employee o f a member corporation who over parents and affiliates and subsid­ the standard o f “ control” is consistent
owns 5 percent of the voting stock must iaries in a securities or kindred business with section 3(a) (121) of the Act and
be an allied member would be rescinded. to ensure that it is capable of enforcing SEC Rule 19g2-l. The Exchange submits
Since a director or a principal executive its rules as to members and persons as­ that such parents should be regulated
officer is presumed to control a member sociated therewith and its responsibil­ to the extent set forth in the proposed
organization by virtue of his status, the ities under the Act. Approved persons agreement for approved persons regard­
stock ownership requirement for di­ would further agree to report statutory less of their activities or whether they
rectors and principal executive officers disqualifications as required under the are “securities persons” . This non­
who are employees would be removed, Act; and to abide by such provisions of routine regulatory oversight is essential
even though such persons would con­ the Constitution and Rules of the Ex­ to ensure the financial and compliance
tinue to be allied members. This change relating to approved persons as integrity o f the member or member
amendment parallels recently approved may be adopted. organization, and to enable the Ex­
amendments (SEC Release 12697) delet­ The provisions in the agreement are change to perform its regulatory respon­
ing the voting stock ownership require­ intended to establish the jurisdictional sibilities as to this category of associated
ment for “ outside” directors. basis for the Exchange to perform its persons.
The definition of “ approved person” obligations, as set forth in section 6 Persons controlled by or under com­
would be amended to include those “ as­ (b) (1) of the Act, to enforce compliance mon control with a member who are
sociated persons” who are not employees with its rules by persons associated with engaged in a securities or kindred busi­
of. a member or member organization a member. The Exchange intends to ness— The Exchange definition o f “ en­
who are in a control relationship. All adopt in the near future rules which will gaged in a securities or kindred business”
persons who control a member organi­ be applicable to approved persons or goes beyond the “ securities person” con­
zation (parents) would be required to categories thereof. Any such rules would cept of a registered broker or dealer
be approved by the Exchange as ap­ be submitted to the scrutiny of the SEC effecting transactions in securities
proved persons. The definition of “ par­ and subject to their approval. Further, through the member through use of
ent” in Rule 2 would be deleted since such rules will be proposed only after due facilities maintained or supervised by
the standard of “ control” would gov­ consideration to the potential burdens such exchange or association. The Ex­
ern. in addition, persons who are con­ imposed as balanced against regulatory change feels that all associated persons
trolled by (subsidiaries) or under com­ need, as well as the standards set forth engaged in a securities related business
mon control with (affiliates) a member in SEC Rule 19g2-l wherein the SEC should be subject to regulatory over­
organization would be required to be­ makes it clear that an exchange or asso­ sight because of potential impact on the
come approved persons if they are "en­ ciation need not employ routine tech­ financial and operation viability of the
gaged in a securities or kindred busi­ niques such as reporting requirements or member with which they are associated

FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, MAY 3, 1977

22448 NOTICES

and for the protection of the member’s with its members with the provisions of For the Commission by the Division
customers. In addition, non-registered the Act, and certain Rules of the Ex­ of Market Regulation, pursuant to dele­
securities entities should be subject to the change. gated authority.
same regulation extended to registered (ii) The proposed amendments pro­ G eorge A. F itzsim m ons ,
securities entities because they are gen­ vide a mechanism by which persons may Secretary.
erally subject to less regulatory scrutiny become a member or associated with A pril 25, 1977.
than registered broker/dealers creating a a member or member organization.
greater potential for adverse impact on (iii) Inapplicable. E x h ib it I
the member. (iv) Inapplicable. ARTICLE I— TITLES, OBJECTS, DEFINITIONS
The proposed amendments are more (v ) The proposed amendments would
limited in regulatory scope in that they serve to prevent fraudulent and manip­ New language in italics; deleted lan­
exclude from the definition of approved ulative acts by members and persons guage in [brackets]
persons whose persons who are general associated with a member in that such *
partners, officers, and employees of a se­ persons would be subject to the provi­ DEFINITIONS
curities person (who are also deemed sions of the Act and certain rules of the
securities persons under SEC Rule 19g- Exchange. In this respect, the amend­ S ec . 3. Unless the context requires
2-1). The processing of applications and ments would serve to protect investors otherwise, the terms defined in this Sec­
administration of qualifying examina­ and the public interest. tion shall, for all purposes of the Consti­
tions for officers and employees of “ se­ (v i) The proposed amendments pro­ tution, have the' meanings herein spec­
curities persons” , who are registered vide a jurisdictional basis for appropri­ ified:
♦ * ♦ * *
brokers or dealers, would in the opinion ately disciplining members and certain
of the Exchange, place an unnecessary persons associated with a member for vi­ MEMBER FIRM
and costly burden upon the person .and olations of the Act and the Rules of the (c) The term “ member firm” means a
their affiliated broker/dealers. It would Exchange by subjecting such persons to firm, transacting business as a broker or
also result in a duplication of effort by Exchange disciplinary rules. a dealer in securities, at least one of
self-regulatory organizations as all reg­ (vii) Inapplicable. whose general partners is a member of
istered brokers or dealers are subject (viii) Inapplicable. the Exchange or which has the status
to registration and examination require­
C omments R eceived F rom M embers, of a member firm by virtue of permis­
ments of a national securities exchange,
P articipants or O thers on P roposed sion given to it by the Board of Directors
the NASD or the Commission (SECO).
A mendments pursuant to the [provisions of Section
The Exchange believes that obtaining
13(a) of Article IX ] rules of the Ex­
jurisdiction over the entity as an ap­ One letter of comment was received change.
proved person will enable the Exchange from a member organization endorsing ALLIED MEMBER
to comply with it regulatary responsi­ the removal of the voting stock owner­
bilities. Nevertheless, the entity would be
ship requirement for allied members, and (d) The term "allied member” means:
required to report all statutory dis­ seeking removal o f a similar requirement (i) A general partner in a member
qualifications of its associated persons. for members (see Exhibit H I ) . Rescission firm, or an employee who controls such
Furthermore, the approved person is, and of the requirement for members was in­ member firm, who is not a member of the
would continue to be, required to supply cluded in the proposals subsequent to Exchange and who has become an allied
information set forth in Rule 304(h) con­ membership comment. member as provided in [Article IX ,] the
cerning its partners, officers, directors, rules of the Exchange, or
B urden on C ompetition
etc. (ii) An employee df a member corpo­
D. The voting stock ownership re­ The proposed changes do not impose ration [who is actively engaged in its
quirement for members associated with any burden on competition. business and devotes the major portion
a member organization has also been On or before June 7, 1977, or within of his time thereto,] who is not a mem­
removed. This will further facilitate such longer period (i) as the Commis­ ber of the Exchange, who has become
registered broker/dealers to qualify sion may designate up to 90 days of such an allied member as provided in the
members of the Exchange. (It is intended date if it finds such longer period to be rules of the Exchange [Article IX ,], and
that further liberalization in the area appropriate and publishes its reasons for who is either:
o f qualification o f members and mem­ so finding or (ii) as to which the above [(a ) A director and holder of record
ber organizations will be submitted to mentioned self-regulatory organization and beneficial owner of voting stock of
the SEC.) consents, the Commission will : such corporation, or]
E. Certain Constitutional provisions (A ) By order approve such proposed (a) [(b ) ] A principal executive officer
dealing with definitions of and require­ rule change or [and a holder of record and beneficial
ments for members and persons asso­ (B ) owner of voting stock] of such corpo­
. Institute proceedings to determine
ciated with members have been removed whether the proposed rule,change should ration, or
from the Constitution and placed in be disapproved. (b) [(c ) A person [holder of record
new Rule 304. Except as previously dis­ Interested persons are invited to sub­ and beneficial owner of 5 percent or
cussed these amendments do not alter mit written data, views and arguments more of the outstanding voting stock]
Exchange requirements, but are intend­ concerning the foregoing. Persons desir­ who controls [o f] such corporation.
ed to consolidate like provisions and ing to make written submissions should * * * £ *
eliminate unnecessary language from file 6 copies thereof with the Secretary
the Exchange Constitution. Present Rule of the Commission, Securities and Ex­ MEMBER CORPORATION
304 will be renumbered Rule 304A but change Commission, Washington, D.C. (f) The term “member corporation”
has not been amended. 20549. Copies of the filing with respect means a corporation, transacting busi­
B asis U nder the A ct for the A doption to the foregoing and all written submis­ ness as a broker or dealer in securities,
of the P roposed A mendments sions will be available for inspection in approved by the Board of Directors as a
the Public Reference Room, 1100 L member corporation, having at least one
The proposed constitutional and rule Street NW., Washington, D.C. Copies of member of the Exchange who is an offi­
amendments were promulgated by the such filing will also be available for in­ cer thereof [and a holder of voting stock
adoption of Rule 19g2-l of the Securi­ spection at the principal office of the therein], and having all its other Ex­
ties Exchange Act o f 1934. above mentioned self-regulatory organi­ change members officers thereof [and
(i) The proposed amendments pro­zation. All submissions should refer to holders of voting stock therein], A cor­
vide a regulatory framework to allow the file number referenced in the cap­ poration shall cease to be a member cor­
the Exchange to enforce compliance by tion above and should be submiitted on poration if the approval of the Board of
members and certain persons associated or before May 24,1977. Directors is withdrawn or if it shall cease

FEDERAL REGISTER* VOL. 42, NO. 85— TUESDAY, MAY 3, 1977

 NOTICES 22449

to transact business as a broker or dealer [(1 ) A t least a majority of the direc­ [ RIGHTS ‘ AND PRIVILEGES ]
in securities' or to have all its Exchange tors of such corporation are members or
[S ec . 10. Any person becoming an a l­
members officers thereof [and holders of allied members; and each director of
voting stock therein,] unless the corpo­ such corporation who is not a member or lied member shall have all the rights and
ration has the status of a member cor­ allied member is an approved person; privileges and shall be under all the du­
poration by virtue of permission given a n d ]1 ties and obligations of an allied member
to it by the Board of Directors pursuant of the Exchange in accordance with the
* * * * *
to the [provisions of section 13(b) of Constitution. Allied members shall have
[(3 ) Every party who owns benefi­ no right to go upon the Floor of the Ex­
Article IX ] rules of the Exchange. cially 5% or more of the outstanding change except as provided in Article I I
APPROVED PERSON voting stock of such corporation is a and in Section 14 of this A rticle.]6
member, allied member or approval per­
(g) The term “ approved person” son; and] * [ approved person ]
means a [party] person who is not [an
employee,] a member pr an allied mem­ * * * . * * [S ec. 11. Any person who is a director
ber or an employee of a member firm or [MEMBERS AS LIMITED PARTNERS OR of a member corporation but not a mem­
member corporation, who has become an NON-OFFICERS] ber or allied member, and any party
approved person as provided in [Article who owns beneficially 5 percent or more
[ (1) A member who is a limited part­ of the outstanding voting stock of a
IX ] the rules of the Exchange and who ner in a firm does not thereby confer any
is [a director of a member corporation, of the privileges of the Exchange on such member corporation but is not a mem­
or] either: ber or allied member shall become an
firm, and a member who is not an officer approved person by filing such appli­
(i) a person who controls a member,o f a member corporation and a holder of
member firm or member corporation, or voting stock therein does not confer any cations and executing such agreements
(fi) a person engaged in a securities or of the privileges of the Exchange on such with the Exchange as the Board of Di­
kindred business who is controlled by or corporation.] * rectors may from time to time pre­
under common control with a member, scribe.] 7
member firm or member corporation. [ general partners m ust be members or [DEATH OF SOLE EXCHANGE MEMBER]
[who beneficially owns 5 percent or more ALLIED MEMBERS; HOLDERS OF VOTING
of the outstanding voting stock of a STOCK MUST BE APPROVED] S ec .’ 13. * * *
member corporation.] [S ec. 8. Unless permitted by the Board * * * * *
The terms “control”, “person” and of Directors, no member or allied mem­ [ director]
“engaged in securities or kindred busi­ ber of the Exchange shall have as a
ness” as used herein shall be defined in general partner in a member firm any [(b ) The Board of Directors may, on
the rules of the Exchange. the application of the directors in a
person who is not a member or allied member corporation whose only officer
♦ * * * • member of the Exchange* nor shall any and holder of voting stock who was
ARTICLE IX— MEMBERSHIP, ALLIED MEMBER­ member or allied member be the holder
o f voting stock in a member corporation, member of the Exchange has died, per­
SHIP, MEMBER FIRMS, MEMBER CORPORA­ mit, notwithstanding the death of such
TIONS unless all the holders of such stock re­
quired to be approved by the Board of member, such corporation, if it otherwise
* * * * *
Directors are so approved.] * meets Exchange requirements, to have
INITIATION FEE the status of a member corporation for
[ALLIED MEMBERSHIP ] such period as the Board of Directors
S ec . 4. Each person (hereinafter re­ may determine, under such conditions
ferred to as a “ new member” ) elected to [S ec . 9. Any person, not a member of
the Exchange, shall become an allied as it may fit. The Board in its discretion
membership shall pay to the Exchange may, at any time during such period,
an initiation fee which shall be deter­member o f the Exchange by pledging
himself to abide by the Constitution as withdraw such permission and upon
mined as follows : . such withdrawal such status shall ter­
(a) In the event that the new mem­ the same has been or shall be from time
to time amended, and by all rules minate.] 8
ber shall have purchased such member­
ship through a membership auction fa ­ adopted pursuant to the Constitution * * * * *
cility furnished by the Exchange, the and by either:] A lternates on F loor for D irectors or
initiation fee shall be the lesser of [(a ) Becoming a general partner in a O fficers
seventy-five hundred dollars or such member firm, or]
S ec . [14] 8. The Board of Directors
amount as shall be equal to ten percent [ (b) Becoming a holder o f record and may, by the affirmative vote of two-
of the purchase price paid for the mem­beneficial owner o f 5 percent or more of thirds of the Directors present at a
bership; the outstanding voting stock of a mem­
ber corporation, or] meeting o f the Board, extend to a mem­
(b) In the event that: ber who is a Director or who is an officer
(i) A member (hereinafter referred
to [ (c) Becoming a director and a holder of one o f the affiliated companies o f the
as “outgoing member” ) whose member­ of record and beneficial owner of voting Exchange, the privilege of designating
ship shall have had a contractual obliga­
stock of a member corporation, ori an alternate who shall have the power to
tion to transfer the membership to such [(d ) Becoming a principal executive transact in the place and stead of such
person as may be designated by a mem­ officer and a holder of record and bene­ member the usual business of such mem­
ber organization of which the outgoing ficial owndr of voting stock of a member ber on the Floor of the Exchange, under
member then shall be either a partner corporation.] such conditions and to such extent as
or an officer [and holder of voting stock] the Board may prescribe, but only at
therein, and [Such pledge to abide by the Constitu­
tion and Rules shall be made by written such times as such Director or officer is
* * * * * instrument filed with the Exchange in prevented from transacting his usual
APPROVAL OF PARTNERSHIPS, CORPORATIONS which th j signer pledges himself as business on the Floor by the duties im­
ALLIED MEMBERS AND APPROVED PERSONS aforesaid.] *
posed upon him by virtue o f his acting
S ec. 7. * * * as such Director or officer. I f such mem­
* * * * • 1Integrated into Rule 311(b) as amended.
* Integrated Into Rule 3 1 1 (b )(3 ) as ber is a general partner in a member
CONDITION OF APPROVAL OF MEMBER amended.
CORPORATION * Repositioned to Rule 311(g) and 9 Repositioned to Rule 304(c) and
amended. amended.
(b) The Board of Directors shall not 4Integrated Into Rules 3 1 1(b )(3 ) and 7Integrated into Rule 304(h) aa amended.
approve a corporation as a member cor­ 312(e) as amended. 9Repositioned to Rule 3 1 2 (f)(2 ) and
poration unless: 5Integrated into Rule 304(b) as amended. amended.

FEDERAL REGISTER, VOL. 4 2 , NO. 85— TUESDAY, MAY 3, 1977

22450 NOTICES

firm, he may designate as such alternate after the date on which such proposed Board of Directors, unless the Board, in
one of his general partners, or i f no gen­ transfer will be considered by the Board, its discretion, determines either: (a)
eral partner is ready and able to act, he unless such member is a general partner That the protection of the creditors of
and his partners may designate as such in a member firm which will continue to the member firm or member corporation
alternate a person approved by the be a member firm or is [a holder of vot­ or former member firm or former mem­
Board. I f such member is a limited part­ ing stock] an'officer in a member corpor­ ber corporation'in which such member
ner in a member firm or if he has no ation whicli will continue to be a mem­ is or was last a general partner or [a
partner, he may designate as such al­ ber corporation, notwithstanding the holder of voting stock] an officer requires
ternate a person approved by the Board. completion of such transfer, in which the use of said surplus or any part
I f such member is [a holder of voting case such member may make contracts on thereof, or (b) that such surplus should
stock] an officer in a member corpora­ behalf of any member, member firm or be paid to such firm or corporation, in
tion, he may designate as such alternate member corporation whose status as such view of the fact that such member had
any [allied member] other officer in will continue subsequent to the date of expressly agreed, in the case of a
such corporation, or if no such [allied the completion of such transfer. I f a partnership, in the partnership articles
member] officer is ready and able to act, contract with such member is made after of such firm or, in the case of a corpo­
he and the directors of such member the posting of notice of the proposed ration, in .a writing filed with the Ex­
corporation may designate as such alter­ transfer for settlement on or after the change, that such surplus shall be paid
nate a person approved by the Board. [ I f date on which such proposed transfer either by him or directly by the Ex­
such member holds only non-voting will be considered by the Board, it shall change to such member firm or member
stock in a member corporation he may not, if such transfer is approved, be the corporation. In the event the Board
designate as such alternate a person ap­ basis of a claim against the proceeds of makes either of such determinations,
proved by the Board.] Every contract such transfer under sub-division TH IR D such surplus shall be paid to such firm
made on the Floor by any alternate shall of Section 3 of this Article. However, if or corporation, upon the execution and
have the same force and effect as if it such member is a general partner in a delivery to the Exchange by such mem­
had been made by the member for whom member firm which will continue to be ber or such firm, or both, or by such
he is acting; and a member for whom an a member firm or is [a holder of voting member or such corporation or both, of
alternate is acting shall be liable to the stock] an officer in a member corporation a release or releases satisfactory to the
same discipline and penalties for any act which will continue to be a member cor­ Board of Directors.
or omission of such alternate as for his poration, notwithstanding the comple­ PROMPT STEPS TO PROTECT RIGHTS REQUIRED
own personal act or omission. tion of such transfer, such a contract
* * * * * may be the basis o f a claim under said No payment of such surplus under the
sub-division T H IR D of Section 3 against provisions of this subsection Fifth shall
ALTERNATES ON FLOOR DURING NATIONAL
the proceeds of the subsequent transfer be made to a member firm or to a mem­
EMERGENCIES
of the membership o f any general part­ ber corporation or former member firm
S ec . [15] 9. The Board of Directors ner in such firm or of any [holder of or former member corporation in which
may, on the request of a member who, voting stock] officer in such corporation, such member is or had previously been
in time of national emergency for this including the transferee of such mem­ a general partner or [a holder or voting
country, bership provided he is or becomes at the stock] an officer, if such firm or corpo­
(a) Is on active duty in the armed time of such transfer a general partner ration, in the opinion of the Board of
forces of the United States, or in such member firm or [holder of voting Directors, did not take promptly all
(b) Is on active duty in the armed stock] an officer in such member corpo­ proper steps to protect and enforce its
forces of any nation or State which is ration. rights, or if the Board of Directors, in
then allied or associated with the United * * * / * * its sole discretion, shall determine that
States, or PRIORITIES IN DISPOSITION OF PROCEEDS OF
an unreasonable time has elapsed be­
(c) Is engaged in any public service tween the date when he ceased to be such
TRANSFER OF MEMBERSHIP
incident to the national defense, au­ a partner in such firm or [the holder of
thorize a general partner of such mem­ S ec. 3. Upon any transfer of a member­ voting stock] an officer in such corpora­
ber or [a holder of voting stock] an other ship, whether made by a member or his tion and the date of the transfer.
officer in the member corporation in legal representatives or by the Board of AGREEMENTS
which such member is [a holder of vot­ Directors pursuant to the provisions of
ing stock] an officer, or if no such person the Constitution, the proceeds thereof Except as otherwise specifically pro­
is ready and able to act, another person shall be applied by the Exchange to the vided for by the Constitution, no recog­
nition or effect shall be given by the Ex­
approved by the Board, to transact in following purposes and in the following
change to any agreement or to any in­
the place and stead of such member the order of priority, viz.:
strument entered into or executed by a
usual business o f such member on the DUE TO EXCHANGE
member or his legal representatives
Floor of the Exchange, under such terms
FIRST. The payment of such sums as which purports to transfer or assign
and conditions and to such extent as the
the Board of Directors shall determine such member’s interest in his member­
Board may prescribe. Every contract
are or may become due to the Exchange ship, or in the proceeds or any part
made on the Floor by an alternate shall
from the member whose membership is thereof, or which purports to create any
have the same force, and effect as if it transferred, fom a member firm in which lien or other right with respect thereto,
had been made by the member for whom such member is a general partner or or which purports in any manner to pro­
he is acting; and a member for whom
from a member corporation [any vot­ vide for the disposition of such proceeds
an alternate is acting shall be liable to ing stock of which is held by such mem­ to a creditor of such member; nor shall
the same discipline and penalties for any ber] in which such member is an officer. payment of such proceeds be made by
act or omission of such alternate as for the Exchange to any agent or attorney-
* * * * *
his own personal act or omission. in-fact of a member except as may be
* * * * * SURPLUS OF PROCEEDS
permitted by the Rules of the Board of
ARTICLE XI— TRANSFER OF MEMBERSHIP— Fifth. The surplus, if any, of the pro­ Directors in those cases in which (a)
TERMINATION OF ALLIED MEMBERSHIP ceeds of the transfer of a membership, such agent or attomey-in-fact is acting
* * * * * after provision for the payment of sums solely for and on behalf of such member
payable under subsections First, Second, and is neither directly nor indirectly
CONTRACTS ON THE EXCHANGE BY
Third, and Fourth hereof, shall be paid acting in his own behalf or in behalf of
TRANSFERORS
directly to the person whose membership any third person or (b) is a general
S ec . 2. A member proposing to transfer is transferred, or to his legal represent­ partner of such member or [a holder of
his membership shall not after the post­ atives, upon the execution and delivery voting stock] an officer In a member cor­
ing of notice thereof make any contract to the Exchange by him or them of a poration in which such member is [the
on the Exchange for settlement on or release or releases satisfactory to the holder of voting stock.] an officer.

FEDERAL REGISTER, VOL. 42, NO. 85—-TUESDAY, MAY 3, 1977


DEATH OF SOLE EXCHANGE MEMBER
Section 5.
* * * *
DIRECTOR
(b) If, upon the death of a member
who, at the time of his death, was an of­
ficer [and holder of voting stock] of a
member corporation in which no other
officer [and holder of voting stock! is a
member of the Exchange, the following
conditions exist:
(1) The member corporation con­
tinues in business, and
(2) The deceased member shall have
agreed in a writing filed with the Ex­
change that such member corporation, if
permitted by the Board of Directors to
have the status of a member corporation,
shall be entitled to have the use of his
membership from the date of his death
until the termination of such status of
such corporation or until a member of
the Exchange becomes an officer of [and
a holder o f voting stock in] such corpo­
ration; and that, insofar as may be
necessary for the protection of creditors
of the corporation, and subject to the
Constitution and Rules of the Exchange,
the proceeds of his membership shall be
an asset of the corporation during such
period, aynd
(3) Such corporation shall be per­
mitted by the Board of Directors to have
the status of a member corporation, then
upon the transfer of the membership of
such deceased member the proceeds
thereof shall be applied to the same pur­
poses and in the same ordér of priority as
if such member had continued to be a
member of the Exchange and an officer
of [and a holder of voting stock in ] such
corporation until the date of the ter­
mination of such status, or until a mem­
ber of the Exchange becomes an officer
of [and a holder of voting stock in] in
such corporation, whichever event occurs
first.
* * * *
[ALLIED MEMBERSHIP NON-TRANSFERABLE]
[S ec. 9. An allied membership shall not firm or member corporation shall there­
be transferable.] *
[DEATH OR EXPULSION OF ALLIED MEMBER]
[S ec . 10. When an allied member dies eral partner [or holder of voting stock provisions of this Article, that the pro­
or is expelled, his allied membership shall therein] in such member firm and every tection of the persons, firms, and corpo­
terminate.]10
[ELECTION OF ALLIED MEMBER AS CHAIRMAN pended from membership or allied mem­
OF THE BOARD]
[S ec . 11. When an allied member is section 5 of this Article.
elected Chairman of the Board of Direc­
tors or is elected to membership in the
Exchange, his allied membership shall
terminate.] u
[ c e s s a t io n o f s t a t u s as g e n e r a l p a r t n e r
OR HOLDER OF VOTING STOCK]
[S ec. 12. When an allied member (a)
ceases to be a general partner in a mem­ Board of Directors of Stock Clearing of this Article within one year from the
ber firm and does not forthwith become Corporation that such member is in such time of his suspension, or within such
a general partner in another member financial or operating condition that he further time as the Board o f Directors
* Repositioned to Rule 304(d) «
10Repositioned to Rule 304(e).
u Repositioned to R ule 304(f) .
NOTICES 22451
firm or a holder o f voting stock in a ness with safety to his creditors or the
member corporation continuing the busi­ Exchange, prompt notice thereof shall
be given to- the Exchange. Such mem­
ness of the first firm, or (b> ceases tube a
* ber shall thereby become suspended from
holder of voting stock in a member cor­
poration and does not forthwith become membership until he has been reinstated
a holder of such stock in another member as provided in seetion 5 of this Article
corporation or a general partner in a [tf 16051.
member firm continuing the business of SUSPENSION b y e x c h a n g e f o r i n s o l v e n c y
the first corporation, his allied member­
ship shall terminate.] “ Whenever it shall appear to the Chair­
man of the Board that a member firm
NON-PAYMENT OF FINES BY ALLIED MEMBER or member corporation has failed to
S ec. 9. [13]. When the Treasurer shall meet its engagements, or is insolvent,
report to the Chairman of the Board that or the Chairman o f the Board has been
an allied member has neglected to pay a advised by the Board of Directors of the
fine for forty-five days after the same Exchange or by the Board of Directors
became payable, the allied membership of Stock Clearing Corporation that such
of such allied member shall terminate, member firm or member corporation is
unless the Board of Directors shall have in such financial or operating condition
granted an extension of time to pay such that it cannot be permitted to continue
in business with safety to its creditors
fine.
or the Exchange, prompt notice thereof
ARTICLE XIII— INSOLVENT MEMBERS, SUS­ shall be given to the Exchange. Such
PENSION, REINSTATEMENT— NOTICE FROM member firm or member corporation
MEMBER, SUSPENSION shall thereby become suspended as a
S ec . 1. A member who fails to perform member firm or as a member corporation
his contracts, or is insolvent, shall im­ and every member or allied member who
mediately inform the Secretary of the is a general partner [or holder of voting
Exchange in writing that he is unable to stock therein] in such member firm and
meet his engagements and prompt notice every member or allied member in such
thereof shall be given to the Exchange. member corporation shall thereby be­
Such member shall thereby become sus­ come suspended from membership or
pended from membership until he has allied membership, until reinstated as
been reinstated as provided in section 5 provided in section 5 of this Article.
of this Article [116051. i n v e s t ig a t io n o f i n s o l v e n c y
SUSPENSION FOR INSOLVENCY ON S ec . 3. Every member and allied mem­
DECLARATION ber suspended under the provisions of
A member or allied member who is a this Article shall at the request o f the
general partner in a member firm or a Board of Directors or any committee au­
[holder of voting stock] member or allied thorized thereby submit to the Board or
member in a member corporation which any such committee his books and papers
or the books and papers of his firm or
firm or corporation fails to perform its
of any employee thereof or the ^ooks and
contracts, or is insolvent, or is in such
papers of the member corporation in
financial or operating condition that it which he is [a holder of voting stock]
cannot be permitted to continue in busi­ an officer or of any employee thereof
ness with safety to its creditors or the and furnish information to and appear
Exchange, shall immediately inform the and testify before or cause any such em­
#
Secretary of the Exchange in writing of ployee to appear and testify before the
such fact and prompt notice thereof shall Board or any such committee.
be given to the Exchange. Such member
TIME LIMIT FOR REINSTATEMENT
by become suspended as a member firm S ec . 4. I f the Board o f Directors de­
or as a member corporation and every termines, after not less than 10 days
member or allied member who is a gen­ notice to a member suspended under the
member or allied member in such mem­ rations entitled to make claim against
ber corporation shall thereby become sus­ the proceeds of the transfer of the mem­
bership under section 3 of Article X I or
bership, until reinstated as provided in of the creditors of the member firm or
member corporation in which such mem­
ber is or was last a general partner or
NOTICE FROM EXCHANGE— SUSPENSION
[holder o f voting stock] an officer, re­
Sec. 2. Whenever it shall appear to quires the transfer of the membership
the Chairman of the Board that a mem­ of such member, such membership may
ber has failed to meet his engagements, be disposed o f by the Board o f Directors.
or is insolvent, or the Chairman of the In any case, if a member suspended
Board has been advised by the Board o f under the provisions of this Article is
Directors of the Exchange or by the not reinstated as provided in Seetion 5
cannot be permitted to continue in busi-
may grant his membership shall be dis­
posed of by the Board o f Directors.
a Repositioned to Rule 304(g) and
amended. * * * * *
FEDERAL REGISTER, VOL. 42, NO. S5— TUESDAY, MAY 3, 1977
 22452 NOTICES
A r t ic l e XTV— E x p u l s i o n and member firm or member corporation has fund or any organized group of persons
Suspen­
s io n fr o m M A l l ie d
neglected to pay a fine for forty-five days whether incorporated or not.
e m b e r s h ip o r f r o m
M e m b e r s h ip — D is c ip l in a r y P roceed­
after the same became payable, the al­ The term “ engaged in a securities or
in g s lied membership of each allied member kindred business” shall mean acting as
* * * * * who is a general partner in such member an investment advisor or transacting
FAILURE TO TESTIFY OR PRODUCE RECORDS firm [or a holder of voting stock] and business generally as a broker or dealer
each allied member in such member cor­ in securities, including but not limited to,
S ec . 9. Whenever it is adjudged in a poration shall terminate, unless the servicing customer accounts or introduc­
proceeding under this Article that a Board .of Directors shall have granted ing them to another person.
member, allied member or approved per­ an extension of time to pay such fine,
* * * * *
son has been required by the Board or and any member who is a general part­
any committee, officer or employee of the ner in such member firm or [a holder of RULE 104 A— SPECIALISTS— GENERAL
Exchange authorized thereby to submit voting stock] and officer in such mem­ ■ * * * Supplementary Material:
his books and papers or the books and ber corporation may be suspended by * * * * *
papers of his firm or of any employee the Board of Directors until payment of
thereof or the books and papers of the such fine is made. Should payment not .50 Form 81 Reports.— * * *
member corporation in which he is a be made within one year after payment * * * * *
member, allied member or approved per­ is due, the membership of any such Signature on reports.— Each report
son, [stockholder,] or of any employee member may be disposed of by the submitted by a member should bear his
thereof to the Board or any such com­ Board, on at least ten days written notice signature or that of a person authorized
mittee, officer or employee or to furnish mailed to such member at his address to submit the report for him. Reports
information to or to appear and testify registered with the Exchange. submitted by a member organization
before or to cause any such employee to should be signed by a general partner,
appear and testify before the Board or RULE 2— “ MEMBER,” “MEMBERSHIP,” “^E M ­ or by an officer [who is a holder of vot­
any such committee, officer or employee BER FIRM,” ETC.
ing stock] or other person authorized to
and has refused or failed to comply with * * * * * sign.
such requirement, such member or allied [The “ parent” of another party means * * * * *
member may be suspended or expelled any party who has the power to exercise
and such approved person may have his controlling influence over the manage­ RULE 123A— MISCELLANEOUS REQUIREMENTS
approval withdrawn. ment or policies of such other party un­ * * * Supplementary Material:
* * * * * less such power is solely the result of an * * * * *
FAILURE TO TESTIFY OR PRODUCE RECORDS official position with such other party.] .24 Report forms.— Report forms
BEFORE OTHER EXCHANGES [Any party who owns beneficially, used on the Bond Floor should be im­
either directly or indirectly, more than
S ec . 11. I f it is adjudged in a pro­ 25 percent of the voting securities of a printed or rubber stamped with a name
ceeding under this Article that the in­ first corporation or more than 25 percent of the member, the member organization
terest and welfare of the Exchange or of of the outstanding voting securities of of which he is a general partner or an
the public will be served by facilitating any other corporation which directly or officer [a holder of voting stock], or both
the examination by the authorities of indirectly through one or more subsidi­ the name of the member- and such or­
another exchange of any transaction in aries owns beneficially more than 25 per­ ganization. The use of plain paper for
which a member or allied member of the cent of the outstanding voting securities the purpose is not permitted.
Exchange has been concerned and that of the first corporation, -shall be pre­ * * * * *
the testimony of such member or allied sumed to be the first corporation’s par­ RULE 301 — PROPOSED TRANSFER OF
member, the employees .of the firm In ent. Any party who does not so own more MEMBERSHIP
which he is a general partner or the em­ than 25 percent of the voting securities
ployees o f the member corporation in of a corporation shall be presumed not An offer or agreement by a member
which he is a [stockholder] member or be such corporation’s parent. Any such for the transfer of his membership may
allied member or his books and papers presumption may be rebutted by evi­ be made only in writing in such form as
or the books and papers o f his firm or dence but shall continue until a deter­ may from time to time be prescribed by
corporation or of any employee thereof mination to the contrary has been made the Exchange and shall be executed per­
are material to such examination and by the Board of Directors.] sonally by such member or by his legal
shall direct such member or allied mem­ representatives, except that an attorney-
The term “control” means the power in-fact of such member may execute
ber to appear and testify or to cause any to direct or cause the direction of the
of such persons to appear and testify or management or policies of a person such documents in his behalf only if the
to produce such books and papers before whether through ownership of securities, following conditions are complied with,
viz.:
the authorities of such other exchange, by contract or otherwise. A person shall
and such member or allied member shall be presumed to control another person * * * * *
refuse or fail to comply with such direc­ if such person, directly or indirectly, (3) The Exchange is satisfied that the
tion, he may be suspended for a period
(i) Has the right to vote 25 percent or holder of such power of attorney is
not exceeding five years. acting thereunder solely as agent for the
more of the voting securities,
* * * * * member and is neither directly nor in­
(ii) Is entitled to receive 25 percent directly acting in his own behalf or in
SUSPENSION OR EXPULSION OF MEMBERS OF or more of the net profits, or
SUSPENDED OR EXPELLED ORGANIZATION behalf of any third person and that he
(iii) Is a director, general partner or is not a creditor of such member and
S ec . 22. When a member firm or mem­ principal executive officer ( or person oc­ does not directly or indirectly represent
ber corporation is suspended or expelled cupying a similar status or performing any person who is such a creditor, un­
under the provisions of this Article, each similar functions) of such person. Any less: '
member and allied member who is a gen­ person who does not so own voting secu- - (A ) The holder of such power of at­
eral partner in such firm [or a holder rities, participate in profits or function torney is the Secretary of the Exchange
of voting stock] and each member and as a director, general partner or prin­ acting pursuant to a power executed by
allied member in such corporation shall cipal executive officer of another person the member and approved by the Ex­
thereupon be suspended or expelled, as shall be presumed not to control such change in connection with an agreement
the case may be, any such suspension to other person. Any such presumption may made with respect to the financing of
continue during the suspension of such be rebutted by evidence, but shall con­ the purchase of the membership; or
firm or corporation. tinue until a determination to the con­
(B ) The holder of such power of at­
FAILURE OF ORGANIZATION TO PAY FINE trary has been made by the Exchange. torney is a general partner or a princi­
The term " person” shall mean a nat­
Whenever the Treasurer shall report ural person, corporation, partnership, pal executive officer in a member or­
ganization in which such member is a
to the Chairman of the Board that a association, join t stock company, trust, general partner or an officer [a holder

FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, MAY 3, 1977

 v NOTICES 22453
of voting stock] and has no financial in­ whose membership has been transferred instrument filed with the Exchange in
terest in the transfer other than such and is not, directly or indirectly, acting which the signer pledges himself as
as may arise by virtue of such attorney’s in his own behalf or in behalf of any aforesaid
interest in such member organization. third person and that he is not a creditor (c) Any person becoming an allied
* * * Supplementary Material: of the person whose membership has member shall have all the rights and
* * * * * been transferred and does not directly privileges and shall be under all duties
.34 IV. A-B-C agreement.— Defini­ or indirectly represent any person who and obligations of an allied member of
tion.— An a-b-c agreement is a form of is such a creditor, unless the holder of the Exchange in accordance with the
arrangement entered into when it is in­ such power of attorney is, or immediate­ Constitution. Allied members shall have
tended that a portion of the risk of fluc­ ly preceding the transfer was, a general no right to go upon the Floor of the E x­
tuations in the value of a membership partner or a principal executive officer change except as provided in Articles I I
in a member organization in which such and I X .15
owned by a member of the Exchange,
who is a general partner in a member member was a general partner or [a id) An allied membership shall not be
holder of voting stock] an Officer and transferable."
firm or [a holder of voting stock] an
has no financial interest in such proceeds (e) When an allied member dies or is
officer of a member corporation, shall
other than" such as may arise by virtue expelled, his allied membership shall ter­
rest with the partners of the firm or with
of the fact that he is or was such a minate.17
the corporation rather than have the
partner or such [a holder of voting (/) When an allied member is elected
entire risk rest with the member indi­ stock] an officer in such member organi­
vidually. It should be noted a member­ Chairman of the Board of Directors or is
zation. elected to membership in the Exchange,
ship, even if it is the subject of an a-b-c
agreement, remains a personal fran- RULE 303— LIMITATION OF ACCESS TO FLOOR his allied membership shall terminate.“
chaise vested solely in the member. * * * * *
(fir) When an allied member ceases or
Terms of agreement.— * * * fails to be an allied member associated
* * * Supplementary Material: with a particular member organization,
* * * * * * * * * * and does not forthw ith qualify as an al­
The member must have the unqualified .20 Designation of alternates.—A lied member associated with another
right, at all times, subject only to his member of the Exchange who, in time of member organization continuing the
making the agreed payment to his mem­ national emergency for this country, is business of the first member organiza­
ber organization, to retain his member­ on active duty in the armed forces of the tion, his allied membership shall term i­
ship (i.e., to elect option (a>>. The choice United States.or of dny nation or State nated
as to which of the other two options shall which is then allied or associated with (h ) Any person who controls a mem­
be exercised may rest with the member the United States, or who is engaged in ber of member organization, or who en­
organization in case the member does not pny public service incident to the national gages in a securities or kindred business
choose to keep his membership. Similar­ defense, may make application to the and is controlled by or under common
ly, the member organization may be Board of Directors for approval' of an control with a member or member or­
empowered to make the election of option employee who is or shall become an allied ganization but is not a member or allied
(b) or option (c ), if the member does not member in the member organization in member or an employee of a member or­
declare his election of option (a) within which such member is [a holder of vot­ ganization shall apply for approval by
a specified reasonable time. The agree­ ing stock] an officer or a general partner the Exchange as an approved person by
ment must provide that the member will to act as his alternate on the Floor of the furnishing the Exchange with such in ­
have at least 30 days to declare his Exchange or, if no such person is ready formation with respect to such applicant,
election of option (a) computed from and able to act, another person approved its history and business, its equityhold-
the date on which notice is specifically by Board. [(A rt. IX , Sec. 15 [ffl415].)] ers, officers, partners and directors, any
given, pursuant to the partnership {Art. IX , Sec. 9.) The procedure in sub­ person controlling such applicant, and
articles, separate agreement, or other­ mitting an application for approval o f such other information as the Exchange
wise, that the member organization will an alternate is, in general, the same may from lim e to time required Each
be dissolved or cease to be a member as that followed by an applicant for such applicant shall agree in writing with
organization, or the member’s status as membership. the Exchange :
a partner or [stockholder] officer will be ( 1) To supply the Exchange with in ­
P roposed N e w R u l e 304— A llied
terminated on a specified date. In the formation with respect to such appli­
event of the death or incompetency of M embers and A pproved P ersons
cant’s relationship and dealings with
the member the period (at least 30 days) (a) No person shall become or remain the member or member organization
shall be deemed to expire ten days after an allied member or an approved per­ with which it is or is to become associ­
the appointment of the legal representa­ son unless approved by the Board of ated as the Exchange may reasonably
tive or committee of the member. Any Directors.1S require; and
sums payable under option (a) or (b) (b) Any persorC, not a member of the (2) To supply the Exchange with in ­
must be payable to the member organi­ formation relating to the existence of
Exchange, shall become an allied mem­
zation so as to be wholly available to its ber of the Exchange by pledging himself any statutory disqualification to which
creditors. the applicant or any person associated
to abide by the Constituti&n as the same
* * * * * has been or shall be from time to time with the applicant may be subject, as
RULE 302— SURPLUS OF PROCEEDS OF amended, and by all rules adopted pur­ defined in the Securities Exchange Act
MEMBERSHIP TRANSFERRED suant to the Constitution and by being of 1934; and
either (3) To abide by such provisions of the
Payment of the surplus, if any, of the
(i) A general partner in a member firm Constitution and rules of the Exchange
proceeds of the transfer of a membership or an employee who controls such mem­
shall be made only to the person or per­ ber firm ; or relating to approved persons as shall
sons specified in subsection Fifth of Sec­ from time to time be in effect; and
(w) An employee o f a member corpo­
tion 3 of Article X I' of the Constitution ration who is:
(!il503), except that payment of such 11Repositioned from Article IX, Section 9
(a> A person who controls such cor­ and Rule 312.18.
proceeds may be made to an attorney- poration, or
in-fact of tiie person whose membership 15Repositioned from Article IX, Section 10-
(b> A principal executive officer of and amended.
has been transferred only if the follow­ such corporation. 18 Repositioned from Article XT, Section 9.
ing conditions are eomplied with, viz.: Such pledge to abide by the Constitu­ 17Repositioned from Article XI, Section 10.
* *■ * * * tion and Rules shall be made by written 18Repositioned from Article XI, Section 11.
(3) The Exchange is satisfied that the 19Repositioned from Article XI, Section 12
and amended.
holder of such power o f attorney is acting 13Repositioned from Article IX, Section 20Repositioned from Article IX, Section Î1
thereunder solely as agent for the person 7(a). and Rule 311 (b-j and amended;

FEDERAL REGISTER, VOL. 42, NO. 86— TUESDAY, MAY 3, 1977

22454
* ( 4) To permit examination by the Ex­
change, or any person designated by it,
at any time or from time to time, of its
books and records to verify the accu­
racy of the information required to be
supplied herein and by the rules of the
Exchange.
* * * Supplementary Material:
.10 Allied member sponsorship.— An
applicant fo r approval as an allied mem­
ber of the Exchange shall be sponsored
by two members or allied members of the
Exchange of at least one year’s stand­
ing, or be proposed for allied member­
ship by two other responsible individuals
who have known the applicant suffi­
ciently well and over a long period of time
that they can unqualifiedly endorse the
character and integrity of the applicant
from their personal knowledge of him
and of his business connections. A
casual social or business acquaintance­
ship is not sufficient basis to qualify a
member, an allied member or other in­
dividual to sponsor or propose the appli­
cant. They should, if possible, not be as­
sociated with the organization which the
applicant proposes to join. They are re­
quired to read and sign the proposed al­
lied member’s application.
An applicant for allied membership
who has been either a member or an al­
lied member of the Exchange within one
year of the date of the new application is
not required to be sponsored or pro-
posed.a
.11 Posting.— An application for ap­
proval of admission of any party ( other
than an application fo r a member of the
Exchange) or fo r the approval of the
form ation and admission of a member
organization, is ordinarily not acted upon
by the Exchange until after the applica­
tion has been posted on the bulletin
board of the Exchange and published in
the Weekly Bulletin of the Exchange for
a period of not less than two weeks. Such
notice is posted upon submission in
proper form of all required papers in
connection with the application.**
Rule 304A— member and a l l ie d member
EXAMINATION REQUIREMENTS (FORMERLY
RULE 304)
(a) Every applicant for membership or
allied membership shall pass a basic ex­
amination required by the Exchange un­
less such examination is waived by the
Exchange.
(b) Every applicant for membership or
allied membership shall agree with the
Exchange that, unless the appropriate
qualifying examination required by the
Exchange is waived, the applicant will,
within three months following six
months after becoming a member or
allied member without having passed
such examination, or upon failure to
pass such examination after not more
than three attempts, whichever occurs
first, cease to be a member or allied
member, retire as a general partner,
principal executive officer, or director
and if necessary promptly dispose of suf-
21 Repositioned from Rule 312.20.
33Repositioned from Rule 312.22.
FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, MAY 3, 1977
NOTICES
ficient voting- stock as may be necessary
to reduce ownership below [5% of out­
standing voting stock of the member or­
ganization.] that level which enables
such applicant to exercise controlling in­
fluence over the management or policies
Of the member organization.
* * * * * mitted to the member organization giv­
RULE 311— FORMATION OF OR ADMISSION
TO MEMBER ORGANIZATIONS
* * * * *
[(b ) Any person who is a director of a
member corporation but not a member
or allied member, or who controls a mem­
ber organization but is not an employee
or a member or allied member or a
person subject to Rule 389 shall apply
for approval by the Board of Directors
as an approved person of such organiza­
tion by furnishing the ¡Exchange with
such information with respect to such
applicant, its history and business, its
equityholders, officers, partners and di­
rectors, any parent of such applicant,
and such other information as the Ex­
change may from time to time require.
Each such applicant shall agree in writ­
ing with the Exchange.]28
(b) The Board of Directors shall not
approve a partnership or corporation as
a member organization unless:
( 1) A t least a majority of the direc­
tors of such corporation are members or *
allied members; and each director of
such corporation who is not a member
or allied member is an approved person;
and24
(2) Every person who controls such
corporation is a member, allied member
or approved person; and26
(3) Every person who is a general
partner in such partnership is a member
or allied member and every person not a
general partner who controls such part­
nership is a member, allied member or
approved person; and “
(4) Every person who engages in a
securities or kindred business and is- con­
trolled by or under common control with
such partnership or corporation is an
approved person; and
♦ * * * * [(1 ) Letter signed either by an Ex­
(sr) A member who is a limited part­
ner in a firm does not thereby confer any
of the privileges of the Exchange on such
firm, and a member who is not an officer
of a member corporation does not con­
fer any of the privileges of the Exchange
on such corporation
* * * 4c *
* * * Supplementary Material:
* * * * * [(2 ) Application executed by the pro­
.11 Application.— * * *
(Third) The papers- required to be sub­
mitted prior to approval of the admis­
sion of an Exchange member to ah ex-
83Integrated into Rule 304(h) as amended.
24Repositioned from Article IX, Section
7(b) (1) and amended.
- 23Repositioned from Article IX, Section
7(b) (3) and amended.
* Repositioned from Article IX, Section 8.
87Repositioned from Article IX, Section
7 (b )(1 ).
istihg member organization are as
follows:
(1) Letter signed either by an Ex­
change member who is a general partner
or an officer in the organization, or by an
allied member of the organization and by
the Exchange member proposed to be ad­
ing the proposed date of admission to
the member organization and stating
whether the member will be a general or
limited partner, or an officer;
(2) Application executed by the pro­
posed Exchange member proposed to be
admitted to the member organization.“
* * * * *
RULE 312— NOTICE OF CHANGES WITHIN
MEMBER ORGANIZATION
* * * .* *
(e) Unless permitted by the Board of
Directors, no person shall be a member
or allied member in a member organiza­
tion unless all persons required to be
approved by the Board of Directors are
so approved.29
(/) (2) The Board of Directors may, on
the application of the director in a mem­
ber corporation whose only officer who
was a member of the Exchange has died,
permit, notwithstanding the death of
such member, such corporation, if it
otherwise meets Exchange requirements,
to have the status of a member corpora­
tion for such period as the Board, of
Directors may determine, under such
conditions as it may fix. The Board in its
discretion may, at any time during such
period, withdraw such permission and
upon such withdrawal such status shall
terminate.so
4t * ♦ 4: 4c
* * * Supplementary Material:
* * * * *
.16 Application.— * * *
* ♦ 4c 4c 4:
(Third) [The papers required to be
submitted prior to approval o f the ad­
mission of an Exchange member to an
existing member organization are as
follows:]
change member who is a general partner
or a holder of voting stock In the orga­
nization, or by an allied member of the
organization and by the Exchange mem­
ber proposed to be admitted to the mem­
ber organization giving the proposed date
of admission to the member organization
and stating whether the'member will be
a general or limited partner, or a holder
or voting or non-voting stock;]
posed Exchange member proposed to be
admitted to the member organization. I m
* 4* ♦ 4> *
[.18 Allied member pledge.— A pro­
posed allied member must sign a state­
ment in which he pledges himself to
28Repositioned from Rule 312.16.
22 Repositioned from Article IX, Section 8
and amended-
84Repositioned from Article EX, Section
13(b) and amended.
31Integrated into Rule 311.11
 NOTICES 22455

abide by the Constitution as from time that, insofar as may be necessary for the RULE 440G--- TRANSACTIONS IN STOCKS AND
to time amended and the Rules adopted protection of creditors o f the organiza­ WARRANTS FOR THE ACCOUNTS OF MEM­
pursuant thereto. (Art. IX , Sec. 10 tion, and subject to the Constitution and BERS, ALLIED MEMBERS AND MEMBER OR­
(If 1410.) This pledge is included in the Rules of the Exchange, the proceeds of GANIZATIONS
application to be executed by each pro­ the transfer of his membership shall be * * * Supplementary Material:
posed allied member.] ” an asset of the member organization.
C.20 Allied Member sponsorship.—An * * * * * REPORTS ON FORM 121
applicant for approval as an allied mem­ .14 Floor commissions.—All Floor .10 Requirements for filing.— * * *
ber of the Exchange Shall be sponsored commissions of an Exchange member * * * * *
by two members or allied members of the who is a general partner or [a holder of
Exchange of at least one year’s standing, (10) Transactions are to be classified
voting stock] an officer in a member or­ into one of the following three catego­
or be proposed for allied membership by ganization must be for the account of ries:
two other responsible individuals who the [firm ! organization. Floor commis­
have known the applicant sufficiently (а) As Specialist. (Box 1) This in­
sions earned by a limited partner or a cludes transactions made, while running
well and over a long period of time that holder of [non-voting] stock who is a the book, for the account of regular or
they can unqualifiedly endorse the char­
acter and integrity of the applicant from member of the Exchange must be re­ relief specialists in the stocks or war­
tained by him unless such a holder of rants in which they are registered, as
their personal knowledge of him and of
[non-voting] stock is also [a holder of specialists, by them or by a [partner/
his business connections. A casual social
voting stock] an Officer in which event stockholder of their firm] partner or an
or business acquaintanceship is not suf­
ficient basis to qaulify a member, an commissions must be for the account of officer of their organization or by a
allied member or other individual to the member corporation. member with whom they have a joint
sponsor or propose the applicant. They * * * * * account.
should, if possible, not be associated with .15 Specialist trading.— when an Ex­ * * * * *
the organization which the applicant change member who is a general partner RULE 4401— NET COMMISSIONS RECEIVED
proposes to join. They are required to or an officer [holder of voting stock] in AND RETAINED ON FLOOR TRANSACTIONS
read and sign the proposed allied mem­ a member organization is a specialist, his
ber’s application.] ordinary trading business as a specialist * * * Supplementary Material:
[An applicant for allied membership must be for the organization’s account, REPORTS ON FORM 600
who has been either a member or an or for the joint account in which his or­
allied member of the Exchange within ganization is permitted to participate .10 When and by whom reports are to
one year of the date of the new applica­ under the provisions of Rule 94(b) be submitted.— (1) Each member orga­
tion is not required to be sponsored or [112094]. nization and each individual member
proposed.]83 .16 Death of sole Exchange member who is not a general partner of a member
[.22 Posting.— An application for ap­ partner or officer [and holder of voting firm or [a holder of voting stock] an
proval of admission of any party (other stock].— For suggested provisions for in­ officer in- a member corporation is re­
than an application for a member of the clusion in partnership articles or in the quired to submit to the Controller’s De­
Exchange) or for the approval of the agreement with the Exchange to enable partment a report of commissions on
formation aild admission of a member a member organization to apply, in ac­ business done on the Exchange during
organization, is ordinarily not acted cordance with the rules of the Exchange the preceding month.
upon by the Exchange until after the [Sections 13(a) and 13(b) of Article IX * * * * *
application has been posted on the bul- of the Constitution (111413) ], for permis­ (б) A member who retires as a general
leting board of the Exchange and pub­ sion to continue as a member organiza­ partner in a member firm or ceases to
lished in the Weekly Bulletin of the Ex­ tion following the death of its sole Ex­ be [a holder of voting stock] an officer
change for a period of not less than two change member partner or officer [and in a member corporation and does not
weeks. Such notice^ is posted upon sub­ holder of voting stock], organizations immediately become a general partner
mission in proper form of all required should consult with Regulation and Sur­ in another member firm or [a holder of
papers in connection with the applica­ veillance. voting stock] an officer in another mem­
tion.] M In each case involving the death of a ber corporation is required to file a re­
* * * * * sole Exchange member partner or offi­ port for the period commencing the next
cer [and holder of voting stock] who, at business day following such event. (The
RULE 314— INTEREST IN BUSINESS the time of his death, (1) was in the ac­ first report and subsequent reports are
Every member and allied member in a tive military or naval service of the to be filed in accordance with instruc­
member [organization] firm must have United States, or (2) in time of war in tion 3 above.)
a fixed interest in each segment or di­ which the United States is a belligerent, (7) An individual member (including
vision of its business, but the interest in was in the active military or naval serv­ special and limited partners in member
each segment or division need not be the ice of any nation or State which is a bel­ firms and holders of [non-voting] stock
same.® ligerent against one or more enemies of who are not officers in member corpora­
* * * Supplementary Material: the United States, or (3) was occupied in tions) who would not as a rule have any­
* * * * * any public service incident to the na­ thing to report on Form 600 may obtain
tional defense, the Exchange will, after permission to submit only an annual re­
INFORMATION COMMON TO PARTNERSHIPS
considering all the circumstances sur­ port (to be filed on or before December
AND CORPORATIONS rounding the particular case, prescribe 15 of each year for the period ending
.12 Required agreement by mem­ a definite period during which the orga­ November 30) by making a written re­
ber.—Each member who is a general nization may have the status of a mem­ quest to the Controller of the Exchange
partner or [a holder of voting stock] an ber organization. for such permission, setting forth the
officer in a member organization shall In those cases involving the death of a reasons therefor.
specifically agree in the firm’s partner­ sole Exchange member partner or offi­ .20 Contents of Report.— Item (1) on
ship articles or hi the case of a member cer [and holder of voting stock] who, at Form 600— Report the total of all com­
corporation, in a document filed with the the time of his death, was nut engaged in missions received or receivable on busi­
Exchange, that he contributes the use of war service as defined in (1), (2 ), and ness for members, member organiza­
his membership to the organization and (3) above, the maximum period the Ex­ tions, non-members, and allied members
change will prescribe during which the (including special offerings and odd-lot
32Integrated into.Rule 304(b). organization may have the status of a transactions).
93Integrated into the new Rule 304.10. member organization will not exceed All “ brokerage” earned on the Floor of
84Integrated into new Rule 304.11. sixty days from the date of the death of the Exchange by a member who is a gen­
88Text o f body o f Rule 314 currently pend' the sole Exchange member partner or of­ eral partner of a member firm or [a
ing SEC approval (SR-NYSE-76-26). ficer [and holder of voting stock]. holder of voting stock] an officer in a

FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, MAY 3 1977

22456
member corporation shall be included in
the report rendered by that member firm
or member corporation.
* * * * * or before December 15 of each year for
.30 Miscellaneous instructions re­
garding Form 600.— * * *
• * * * * ting, forth the reasons therefor.
(3) A report submitted by a member
organization should bear the individual
signature of a general partner in that
firm, or an officer (who is a holder of
voting stock) in that corporation, and
a reprt submitted by an individual mem­
ber should bear his signature.
* * * * * tions.) Enter the minimum charge of
RULE 440J— ODD LOT TRANSACTIONS BY ODD
LOT DEALERS
* * * Supplementary M aterial:
REPORTS ON FORM 600-A
.10 When and by whom reports are to
be submited.— (1) Each member orga­
nization and each individual member
who is not a general partner of a mem­
ber firm or (a holder of voting stock)
an officer in a member corporation who
makes transactions on the Floor of the
Exchange as an odd lot dealer is required
to submit to the Controller’s Department
a report showing the aggregate share
volume of his or its odd lot purchases and
sales effected on the Exchange during
the preceding month.
♦ * * * * port submitted by an individual member [Administrative Proceeding File No. 3-5178;
.30 Miscellaneous instructions re­
garding Form 600-A.— * * *
* * * * * RULE 440M— COLLECTION OF ASSESSMENTS,
(3) A report submitted by a member
organization should bear the individual
signature of a general partner in that
firm, or an officer [who is a holder of
voting stock] in that corporation, and a
report submitted by an individual mem­
ber should bear his signature.
* * * * * ganization and each individual member
RULE 440L----COLLECTION OF
ASSESSMENTS, ETC.
* * * Supplementary M aterial:
* „ * * * *
REPORTS ON FORM 601
.10 When and by whom reports are to
be submitted.— (1) Each member orga­
nization and each individual member
who is not a general partner o f a mem­
ber firm or [a holder of voting stock]
an officer in a member corporation is re­
quired to submit a report on Form 601
to the Controller’s Department.
# * * * * prescribe.
(4) A member who retires as a general
partner in a member firm or ceases to
be [a holder of voting stock] an officer
in another member corporation is re­
quired to file a report for the period com­
mencing the next business day following
such event. (The first report and subse­
quent reports are to be filed in accord­
ance with instruction 2 above.) -
(5) An individual member (including
special and limited partners in member
firms and holders of fnon-voting] stock
who care not officers in member corpora­
tions) who would not as a rule have any­
FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, MAY 3, 1977
NOTICES
thing to report on Form 600 may obtain
permission to submit only an annual re­
port on Forms 600 and 601 (to be filed on
the period ending November 30) by mak­
ing a written request to the Controller
of the Exchange for such permission, set­
.20 Contents of report.— * * *
* * * *
Line 5(B) (To be [filed] filled in by
individual members who are not general
partners of member firms or [holders of
voting stock] officers in member corpora­
$125 per month.
* * * * * poration, nor any employee of any of
Line 5(C) (to be [filed] filled in by
member organizations.) Enter the mini­
mum charge of $125 per month for each
Exchange member who was a general
partner or [holder of voting stock] an
officer on the last day of the month cov­
ered by the report.
* * * * * ■
.30 Miscellaneous information re­
garding Form 601.— * * *
* ** • * * any of them, shall be a director of a
(3) A roport submitted by a membercompany if such member specializes in
organization should bear the individual the stock of that company.
signature of a general partner in that
firm, or an officer [who is a holder of vot­
ing stock] in that corporation, and a re­
should bear his signature.
* * * * * AM ERICA N B RA N D S O V ER S EA S , N.V.
ETC.
* * * Supplementary Material:
* * * * * Brands Overseas, N.V. ( “ Applicant” )
REPORTS ON FORM 601A
.10 When and by whom reports are
to be submitted.— U ) Each member or­
who is not a general partner of a member
firm or la holder of voting stock] an
officer in a member corporation who
makes transactions on the floor of the
Exchange as an odd lot dealer is re­
quired to submit a report on Form 601A
to the Controller’s Department.
* * * * * protection of investors and to insure fair
.20 Contents of report.— * * *
* * * * *
Line 5(B) (T o be filled in by individual
members who are not general partners
of member firms or [holders of voting
stock] officers in member corporations.)
Enter the minimum charge of $125 per
month.
* * * *
Line 5(C) (To be filled in by member
organizations.) Enter the minimum
charge of $125 per month for each Ex­
change member who was a general part­
ner or [holder of voting stock] an of­
ficer on the last day of the month cov­
ered by the report.
* * * *
.30 Miscellaneous information
garding Form 601A.— * * *
* * * * * sidiary o f American Brands, Inc.
(2) A report submitted by a member
organization should bear the individual
signature o f a general partner in that
firm, or an officer [who is a holder of
voting stock] in that corporation, and
a report submitted by an individual
member should bear his signature.
* 4c * ■ *
RULE 460— .SPECIALISTS PARTICIPATING
* IN CONTESTS
(a) No member who is a specialist, no
partner of a member firm in which such
member is a partner, no stockholder,
director or officer in a member corpora­
tion in which such mamber is [a stock­
holder] an officer, no such firm or cor­
them, shall participate in a proxy con­
test of a company if such member spe­
cializes in the stock of that company.
SPECIALIST DIRECTORS
(b) No member who is a specialist, no
partner of a member firm in which such
member is a partner, no stockholder,
director or officer in a member corpora­
tion in which such member is [a stock­
holder] an officer, nor any employee of
[FR Doc.77-12640 Filed 5-2-77;8:45 am]
' File No. 81-254]
Application and Opportunity for Hearing
A p r il 21, 1977.
Notice is hereby given that American
has filed an application pursuant to sec­
tion 12(h) of the Securities Exchange
Act of 1934 (the “ 1934 Act” ) , that Appli­
cant be granted exemption from the pro­
visions of Section 13 of that Act.
Section T3 o f the 1934 Act provides
that every issuer of a security registered
pursuant to section 12 of the 1934 Act,
shall file with the Commission, in ac­
cordance with such rules and regulations
as the Commission may prescribe as
necessary or appropriate for the proper
dealing in the security, such information
and documents as the Commission shall
require to keep reasonably current the
information included in the registration
statement, and such annual and quar­
terly reports as the Commission may
Section 12(h) of the 1934 Act em­
* powers the Commission to exempt, in
whole or in part, any issuer or class of
issuers from the provisions o f Section
13, if the Commission finds that such
exemption is not inconsistent with the
public interest or the protection of in­
vestors. .
The Applicant states, in part: (1)
*
Applicant is a Netherlands Antilles
re­
corporation and a wholly owned sub­

(2) In 1969, Applicant issued $25,000,-
000 principal amount of its debentures
for offering outside the United States.
(3) The debentures are unconditionally
guaranteed by American Brands, Inc.
(4) The debentures are listed on the
New York Stock Exchange and registered
pursuant to Section 12(b) of the 1934
Act. The securities of American Brands,
Inc. are also listed on the New York
Stock Exchange.
In the absence of an exemption, Ap­
plicant is required to file annual and pe­
riodic reports with the Commission pur­
suant to Section 13 of the 1934 Act.
Applicant contends that the exemp-
tive order requested is appropriate in
view of the facts that since the deben­
tures are fully guaranteed by American
Brands, Inc., it is the reports of that
Company in which investors will be pri­
marily interested; that the expense of
reporting is not justified by any United
States public interest; and that there has
been virtually no trading in the deben­
tures.
For a more detailed statement of the
information presented, all persons are
referred to the application which is on
file in the offices of the Commission at
500 North Capitol Street, NW., Wash­
ington, D.C. 20549.
Notice is further given that any inter­
ested person not later than May 16,1977,
may submit to the Commission in writing
his views or any substantial facts bear­
ing on the application or the desirability
of a hearing thereon. Any such com­
munication or request should be ad­
dresso i to: Secretary, Securities and Ex­
change Commission, 500 North Capitol
Street NW., Washington, D.C. 20549,
and should state briefly the nature of the
interest of the person submitting such
information or requesting the hearing,
the reason for such request, and the is­
sues of fact and law raised by the appli­
cation which he desires to controvert. At
any time after that date, an order grant­
ing the application in whole or in part
may be issued upon request or upon the
Commission’s own motion.
By the Commission.
G eorge A . F it z s im m o n s ,
Secretary.
[FR Doc/77-12631 Filed 5-2-77; 8:45 am]
[Administrative Proceeding File No. 3-5179;
File 81-255]
AMERICAN TOBACCO INTERNATIONAL
CORP.
Application and Opportunity for Hearing
A p r il 21, 1977.
Notice is hereby given that American
Tobacco International Corporation
("Applicant” ) has filed an application
pursuant to Section 12(h) of the Securi­
ties Exchange Act of 1934 (the "1934
Act” ) , that Applicant be granted exemp­
tion from the provisions of Section 13 of
that Act.
Section 13 of the 1934 Act provides
that every Issuer of a security registered
Pursuant to Section 12 of the 1934 Act,
FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, MAY 3, 1977
NOTICES
shall file with the Commission, in ac­
cordance with such rules and regula­
tions as the Commission may prescribe
as necessary or appropriate for the
proper protection of investors and to in­
sure fair dealing in the security, such
information and documents as the Com­
mission shall require to keep reasonably
current the information included in the
registration statement, and such annual
and quarterly reports as the Commission
may prescribe.
Section 12(h) of the 1934 Act empow­
ers the Commission to exempt, in whole
or in part, any issuer or class of issuers
from the provisions of Section 13, if the
Commission finds that such exemption
is not inconsistent with the public inter­
est or the protection of investors.
The Applicant states, in part: (1) Ap­
plicant is a Delaware corporation and a
wholly-owned subsidiary of American
Brands, Inc.
(2) In 1968, Applicant issued $50,000,-
000 principal amount of debentures for
offering outside the United States.
(3) The debentures are uncondition­
ally guaranteed by American Brands,
Inc.
(4) The debentures are listed on the
New York Stock Exchange and regis­
tered pursuant to Section 12(b) of the
1934 Act. The securities of American
Brands, Inc. are also listed on the New
York Stock Exchange.
In the absence of an exemption, Ap­
plicant is required to file annual and pe­
riodic reports with the Commission pur­
suant to Section 13 of the 1934 Act.
Applicant contends that the exemp-
tive order requested is appropriate in
view of the facts that since the deben­
tures are fully guaranteed by American
Brands, Inc., it is the reports of that
Company in which investors will be pri­
marily interested; that the expense of
reporting is not justified by any United
States public interest; and that there
has been no trading in the debentures.
The Applicant contends that there
would be no useful purpose secured by
the filing of continued reports in view of
these facts.
For a more detailed statement of the
information presented, all persons are
referred to the application which is on
file in the offices of the Commission at
500 North Capitol Street NW., Washing­
ton, D.C. 2054?.
Notice is further given that any inter­
ested person not later than May 16,1977,
may submit to the Commission in writ­
ing his views or any substantial facts
bearing on the application or the desir­
ability of a hearing thereon. Any such
communication or request should be ad­
dressed to: Secretary, Securities and Ex­
change Commission, 500 North Capitol
Street NW., Washington, D.C. 20549, and
should state briefly the nature of the in­
terest of the person submitting such in­
formation or requesting the hearing, the
reason for such request, and the issues
of fact and law raised by the application
which he desires to controvert. A t any
time after that date, an order granting
the application in whole or in part may
22457
be issued upon request or upon the Com­
mission’s own motion.
By the Commission.
G eorge A . F it z s im m o n s ,
Secretary.
[FR Doc.77-12632 Filed 5-2-77;8:45 am]
[Rel. No. 9736; 812-3805]
METROPOLITAN LIFE INSURANCE CO.
AND METROPOLITAN VARIABLE AC­
COUNT B OF METROPOLITAN LIFE
INSURANCE COMPANY
Order Granting Exemption
A pril 26, 1977.
Metropolitan Life Insurance Company
( “Metropolitan” ) , One Madison Avenue,
New York, NY, 10010, a New York mutual
life insurance company, and Metropoli­
tan Variable Account B of Metropolitan
Life Insurance Company ( “Account B ” ) ,
a separate account of Metropolitan regis­
tered under the Investment Company
Act of 1940 (“ Act” ) as an open-end man­
agement investment company (herein­
after collectively referred to as “Appli­
cants” ), filed an application on May 9,
1975 and amendments thereto on De­
cember 8, 1975, February 22, 1977 and
March 30, 1977, pursuant to Section 6(c)
of the Act for an order exempting Appli­
cants from the provisions of Sections 22
( e ) , 27 (c) (1) and 27 (d) of the Act to the
extent necessary to permit compliance
by Applicants with certain provisions of
the Education Code of the State of
Texas.
On March 31, 1977, the Commission
issued, a notice (Investment Company
Act Release No. 9702) of the filing of an
application. The notice gave interested
persons an opportunity to request a hear­
ing and stated that an order disposing
of the application would be issued as of
course unless a hearing should be
ordered. No request for a hearing has
been filed and the Commission has not
ordered a hearing.
The matter has been considered and it
has been found that the granting of the
application is appropriate in the public
interest and consistent with the protec­
tion of investors and the purposes fairly
intended by the policy and provisions of
the Act. Accordingly,
It is ordered, pursuant to section 6(c)
of the Act, that the application for
exemption from the provisions of Sec­
tions 22(e), 27(c)(1) and 27(d) of the
Act to the extent necessary to permit
compliance with certain provisions of the
Education Code of the State o f Texas as
it would apply to variable annuity con­
tracts issued subsequent to the date of
this order, be, and hereby is, granted,
effective forthwith.
For the commission,' by the Division
of Investment Management, pursuant to
delegated authority.
G eorge A . F it z s im m o n s ,
Secretary.
[F R Doc.77-12633 Filed 5-2-77;8:45 am]
22458 NOTICES
[Release No. 34^13452; Pile No. SR-MSE-the member corporation. Market letters
77-8] and sales literature which refer to the
MIDWEST STOCK EXCHANGE, INC. market or to specific companies, insur­
ance policies, or securities, listed or un­
Proposed Rule Changed by Self-Regulatory listed, shall be retained for at least three
Organizations years by the member [firm or member
Pursuant to section 19(b) (1) of the corporation] organization which pre­
Securities Exchange Act of 1934, 15 pared the material. The copies retained
U.S.C. 78s(b) (1), as amended by Pub. L. shall contain the name of the partner or
No. 94-29, 16 (June 4, 1975), notice is officer approving its issuance and the
hereby given that on April 11, 1977, the name or names of the persons who pre­
above-mentioned self-regulatory organi­ pared the material, and shall at all times
zation filed with the Securities and Ex­ within the three-year period be readily
change Commission a proposed rule available for examination by the Ex­
change as follows: change.
Statem ent of B a s is and P urpose
S tatem ent op the T erm s op S ubstance
of the P roposed R ule C hange The basis and purpose of the forego­
( Additions italicized— [Deletions ing proposed rule change is as follows:
The purpose of the proposed rule
bracketed])
change is to eliminate the requirement
ARTICLE XXVI— ADVERTISING AND PROMOTION that member organizations file advertise­
Filing of Advertisements ments with the Exchange promptly after
initial use. Such advertisements would
Rule 3, Every member organization require approval of a partner of a mem­
shall file each advertisement with the ber firm or officer of a member corpora­
Exchange promptly after initial use, ex­ tion, would be required to conform to the
cept such routine advertisements as: Exchange’s standards for such material
Business Cards and be subject to review by the Exchange.
This amendment purposely places
(a) business cards or so-called tomb­ compliance with advertising standards in
stone advertisements:
the dominion of member organization
Specific Securities Bought, Sold, or management which will be responsible
Quoted for adherence with the standards of the
Exchange. Advertising would be reviewed
(b) Announcements that specific secu­ by the Exchange after publication as
rities are bought, sold or quoted;
part of its normal field examination pro­
Offers To Furnish Literature gram. This method of surveillance is cur­
rently used for market letters and sales
(c) Offers to furnish literature con­ literature. Failure to comply with Ex­
cerning a specific security or securities;
change standards may subject the mem­
Personnel Changes ber organization to enforcement pro­
(d) Announcements of personnel cedures.
The proposed rule change is based on
changes; Sections 6(b) (1), (5) and (8) of the Se­
Inquiry Invitations curities Exchange Act of 1934. The Ex­
(e) Advertisements inviting inquiries change has the staff to review member
organizations for compliance with the
about a particular security or securities; Exchange’s standards for advertising.
Summaries of Services Offered This will be accompanied by a spot check
of advertising material. Failure to com­
(f) Advertisements briefly summariz­ ply with the standards may result in en­
ing services offered;
forcement proceedings against the mem­
1933, 1934 Securities Exchange Acts ber organization. The proposed rule
change continues the requirement of the
(g ) Advertisements complying with maintenance of standards of truthful­
any rule or regulation of the Securities ness and good taste in advertising. Such
and Exchange Commission under the Se­ standards relate to Section 9(a) and 10
curities Act of 1933, or Securities Act of (b) of the Act.
Comments have neither been solicited
1934; nor received.
Prior Clearance
The proposed rule change will impose
(h ) Any advertisement which has al­ no burden on competition.
On or before June 7, 1977, or within
ready received clearance from the Na­
such longer period (4) as the Commission
tional Association of Securities Dealers
may designate up to 90 days of such date
or another stock exchange designated by if it finds such longer period to be appro­
the Board of Governors as having sub­ priate and publishes its reasons for so
stantially the same standards as set forth finding or (ii) as to which the above-
mentioned self-regulatory organization
[in this Article.]
consents, the Commission will :
Market Letters and Sales Literature (A ) By order approve such proposed
Rule [4] 3. All advertisements, market rule change, or
(B ) Institute proceedings to deter­
letters and sales literature prepared and mine whether the proposed rule change
issued by a member [firm or corporation]
should be disapproved.
organization shall be approved by a part­ Interested persons are invited to sub­
ner of the member firm or an officer of mit written data, views and arguments
FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, MAY 3, 1977
concerning the foregoing. Persons desir­
ing to make written submissions should
file 6 copies thereof with the Secretary of
the Commission, Securities and Ex­
change Commission, Washington, D.C.
20549. Copies of th filing with respect to
the foregoing and of all written submis­
sions will be available for inspection and
copying in the Public Reference room,
1100 L Street NW., Washington, D.C.
Copies of such filing will also be available
for inspection and copying at the princi­
pal office of the above-mentioned self-
regulatory organization. All submissions
should refer to the file number refer­
enced in the caption above and should
be submitted within 21 days of the date
of this publication.
For the Commission by the Division of
Market Regulation, pursuant to dele­
gated authority.
G eorge A. F it z s im m o n s ,
Secretary.
A p r il 19, 1977.
[FR Doe.77-12638 Filed 6-2-77;8:45 am]
[Release No. 13467; File No. SR-NESDTOO-
77-3]
NEW ENGLAND SECURITIES DEPOSITORY
TRUST CO.
Order Approving Rule Change
A p r i l 25, 1977.
On March 16, 1977, the New England
Securities Depository Trust Company
( “NESDTC” ) 53 State Street, Boston,
Massachusetts, 02109 submitted, pur­
suant to Rule 19b-4 under the Securities
Exchange Act of 1934 (the “ Act” ), a
proposed rule change which would pro­
vide for the appointment of NESDTC as
a depository facility fo r the Depository
Trust Company <“ DTC” ) , the first of
three steps planned to establish a full
interface between NESDTC and DTC.
In accordance with Section 19(b) of
the Act and Rule 19b-4 thereunder,
notice of the proposed rule change was
published in the F e d e r a l R e g i s t e r (42
FR 16006, March 24,1977), and the pub­
lic was invited to comment thereon.
Notice of the filing and an invitation for
comments also appeared in Securities
Exchange Act Release No. 34-13390,
March 18, 1977. To date, no letters of
comment have been received.
The Commission has reviewed the pro­
posed rule change and finds that it is
consistent with the requirements of the
Act and the rules and regulations there­
under applicable to registered clearing
agencies.
I t is therefore ordered, pursuant to
section 19(b) (2) of the Act, that the
proposed rule change contained in File
No. SR-NESDTCO-77—3 be, and hereby
is, approved.
For the Commission by the Division of
Market Regulation, pursuant to dele­
gated authority.
G e o r g e A. F i t z s i m m o n s ,
Secretary.
[F R Doc .77-12634 Filed 5-2-77;8:45 am)

[Release No. 13466; File No. SR-NESDTCO-
T7-4] x the Securities Act of 1933 ( “ 1933 A ct” )
NEW ENGLAND SECURITIES DEPOSITORY
TRUST CO.
Order Approving Rule Change
A p r il 25, 1977.
On March 16, 1977, New England Se­
curities Depository Trust Company
(“NESDTC’’) 53 State Street, Boston,
Massachusetts 02109, submitted, pur­
suant to Rule 19b-4 under the Securities
Exchange Act of 1934 (the “Act” ) , a pro­
posed rule change, which would provide
for the appointment of NESDTC as a de­
pository facility for the Midwest Securi­
ties Trust Companw ( “ MSTC” ), the first
step toward a full interface between
NESDTC and MSTC.
In accordance with Section 19(b) of
the Act and Rule 19b-4 thereunder, no­
tice of the proposed rule change was
published in the F ederal R eg ister (42
FR 16006, March 24, 1977), and the pub­
lic was invited to comment thereon. No­
tice of the filing and an invitation for
comments also appeared in Securities
Exchange Act Release No. 34-13389,
March 18, 1977. To date, no letters of
comment have been received.
The Commission has reviewed the pro­
posed rule change and finds that it is
consistent with the requirements of the
Act and the rules and regulations there­
under applicable to registered clearing
agencies.
It is therefore ordered, pursuant to
Section 19(b) (2) of the Act, that the
proposed rule change contained in File
No. SR-NESDTCO-77-4 be, and hereby
is, approved.
For the Commission by the Division of
Market Regulation, pursuant to dele­
gated authority.
G eorge A. F it z s im m o n s ,
^ Secretary.
[FR Doc.77-12635 Filed 5-2-77;8:45 am]
[Release No. 9733; 811-2014]
PACIFIC MUTUAL FUND, INC.
Filing of Application
A p r il 22, 1977.
Notice is hereby given that Pacific
Mutual Fund, Inc. (“Applicant” ), 700
Newport Center Drive, Newport Beach,
California 92663, registered as an open-
end, diversified, management investment
company under the Investment Company
Act of 1940 ( “ Act” ) , filed an application
on May 12, 1976, and an amendment
thereto on February 14, 1977, fo r an
order of the Commission, pursuant to
Section 8 (f) of the Act, declaring that
Applicant has ceased to be an invest­
ment company as defined in the Act. All
Interested persons are referred to the
application on file with the Commission
for a statement of the representations
contained therein, which are summa­
rized below.
Applicant states that it was incorpo­
rated under the laws o f the State of
■Delaware on December 22,1969, regis­
tered under the Act on February 2,1970,
FEDERAL REGISTER, V O t. 42, NO. 85— TUESDAY, MAY 3, 1977
NOTICES
and filed a registration statement under
on June 17, 1970, such registration state­
ment having become effective on Sep­
tember 1, 1971. Applicant further states
that on January 23, 1976, it had a total
of 378,731.2646 shares issued and out­
standing, and that, concurrently with
the filing o f this application, it made a
request to deregister its shares now reg­
istered under the 1933 Act.
Applicant states that, pursuant to the
approval of its directors and sharehold­
ers, it transferred all its assets to Amer­
ican Mutual Fund, Inc., an open-end, di­
versified, management investment com­
pany, on January 23, 1976, except for
funds of approximately $11,267 for use in
winding up its affairs, which funds have
been expended for such purpose so that
Applicant has no remaining assets. Ap­
plicant further states that it received
shares of American Mutual Fund, Inc. in
consideration of the transfer of such
assets and has distributed these shares
to its shareholders.
According to the application, Appli­
cant, in order to terminate its corporate
existence, filed a Certificate o f Dissolu­
tion with the Secretary of State of Del­
aware on March 8, 1976, is not engaged
in business of any kind, and is in the
process of winding up its affairs.
Section 8 (f) of the Act provides, in
part, that whenever the Commission,
upon application, finds that a registered
investment company has ceased to be
an investment company, it shall so de­
clare by order and, upon the taking
effect of such order, the registration of
such company shall cease to be in effect.
Notice is further given that any in­
terested person may, not later than
May 16, 1977, at 5:30 p,m., submit to the
Commission in writing a request for a
hearing on the matter accompanied by
a statement as to the nature of his in­
terest, the reason for such request, and
the issues, if any, of fact or law pro­
posed to be controverted, or he may re­
dressed: Secretary, Securities and Ex­
change Commission, Washington, D.C.
20549. A copy of such request shall be
served personally or by mail upon Ap­
plicant a t the address stated above. Proof
of such service (by affidavit or, in the
case of an attomey-at-law, by certifi­
cate) shall be filed contemporaneously
with tiie request. As provided by Rule
0-5 of the Rules and Regulations pro­
mulgated under the Act, an order dispos­
ing of the application will be issued as of
course following said date unless the
Commission thereafter orders a hearing
upon request or upon the Commission’s
own motion. Persons who request a hear­
ing, or advice as to whether a hearing is
ordered, will receive any notices and
orders issued in this matter, including
the date of the hearing (if ordered) and
any postponements thereof.
For the Commission, by the Division
of Investment Management, pursuant to
delegated authority.
G eorge A. F it z s im m o n s ,
Secretary.
[F R Doc.77-12636 Filed 5-2-77;8:45 am]
22459
[ Administrative Proceeding File No. 3-5166;
File No. 81-251}
SHERWOOD MEDICAL INDUSTRIES INC.
Application and Opportunity for Hearing
A p r il 21, 1977.
Notice is hereby given that new Sher­
wood Medical Industries Inc. (“ Appli­
cant” ) , as successor by merger to Sher­
wood Medical Industries Inc. (“ Sher­
wood” ), has filed an application pursu­
ant to Section 12(h) of the Securities
Exchange Act of 1934, as amended (the
“ 1934 Act” ), that Applicant be granted
an exemption from filing with respect to
Sherwood an annual report on Form
10-K for the year ended December 31,
1976, required to be filed pursuant to
Section 15(d) o f the 1934 Act.
Section 15(d) o f the 1934 Act requires
that issuers that have filed a registra­
tion statement that has become effective
pursuant to the Securities Act of 1933,
must file certain periodic reports with
the Commission for the protection of in­
vestors and to insure fair dealing in the
security.
Section 12(h) of the 1934 Act em­
powers the Commission to exempt, in
whole or in part, any issuer or class of
issuers from the provisions of Section
15(d) o f the 1934 Act, if the Commis­
sion finds, by reason of the number of
public investors, amount of trading in­
terest in the securities, the nature and
extent of the activities of the issuer, in­
come or assets of the issuer or otherwise,
that such exemption is not inconsistent
with the public interest or protection of
investors.
The Applicant states in part that: (1)
Prior to the merger of Sherwood into A p­
plicant, Sherwood was subject to the
provisions of Section 15(d) of the 1934
Act and its common stock was registered
pursuant to Section 12(b) of the 1934
Act.
(2) A plan to merge Sherwood into
Applicant was submitted to the share­
holders of Sherwood at a special meet­
ing held on November 30,1976, and proxy
soliciting material containing detailed
information, including financial state­
ments, concerning Sherwood and the
terms of the merger were filed with the
Commission and distributed to share­
holders. The merger was consummated
on November 30,1976.
(3) Pursuant to the terms of the mer­
ger, all of the outstanding securities of
Sherwood were converted into securities
of Brunswick Corporation. Applicant is
a wholly owned subsidiary of Brunswick.
(4) There is no trading in Sherwood’s
common stock.
In the absence of an exemption, Appli­
cant is required to file pursuant to Sec­
tion 15(d) of the 1934 Act and the rules
and regulations thereunder, an annual
report on Form 10-K with respect to
Sherwood for the year ended December
31, 1976. Applicant believes that its re­
quest for an order exempting it from the
provisions of Section 15(d) o f the 1934
Act is appropriate in view of the fact
that there is no public ownership or
trading in Sherwood’s securities. Appli-
22460
cant believes that filing an Annual R e­
port on Form 10-K would not be neces­
sary for the protection of investors.
For a more detailed statement of the
information presented, all persons are
referred to the application which is on
file in the offices of the Commission at
500 North Capitol Street, Washington,
D.C. 20549.
Notice is further given that any in­
terested persons, not later than May 16,
1977, may submit to the Commission in
writing his views on any substantial
facts bearing on this application or the
desirability of a hearing thereon. Any
such communication or request should
be addressed to: Secretary, Securities
and Exchange Commission, 500 North
Capitol Street, Washington, D.C. 20549,
and should state briefly the nature of the
interest of the persons submitting such
information or requesting the hearing,
the reasons for such request, and the is­
sues of fact or law raised by the appli­
cation which he desires to controvert. At
any time after that date, an order grant­
ing the application in whole or in part
may be issued upon request or upon the
Commission’s own motion.
By the Commission.
G eorge A. F it z s im m o n s ,
Secretary.
[F R Doc.77—12637 Filed 5-2-77:8:45 am]
DEPARTMENT OF THE TREASURY
Office of the Secretary
[Department Circular: Public Debt Series—
No. 10-77]
7V a PERCENT TREASURY NOTES OF
FEBRUARY 15, 1984, SERIES A-1984
A p r il 28, 1977.
1. I n v it a t io n for T enders
1.1. The Secretary of the Treasury,
under the authority of the Second Lib­
erty Bond Act, as amended, invites ten­
ders for approximately $2,750,000,000 of
United States securities, designated 7%
percent Treasury Notes of Ffebruary 15,
1984, Series A-1984 (CUSIP No. 912827
GL 0). The securities will be sold at auc­
tion with bidding on the basis of price.
Payment will be required at the bid price
of each accepted tender in the manner
described below. Additional amounts of
these securities may be issued to Govern­
ment accounts and Federal Reserve
Banks for their own account in exchange
for maturing Treasury securities. Ad­
ditional amounts may also be issued for
cash to Federal Reserve Banks as agents
of foreign and international monetary
authorities.
2. D e s c r ip t io n of S e c u r it ie s
2.1. The securities offered will be iden­
tical to the 7Î4 percent Treasury Notes
of February 15, 1984, Series A-1984
(CUSIP No. 912827 G L 0) issued under
Department of the Treasury Circular,
Public Debt Series—No. 3-77, dated Jan­
uary 27, 1977, except that interest will
accrue from May 16, 1977, and payment
for the securities will be calculated on the
basis of the auction price determined in
FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, MAY 3, 1977
NOTICES
accordance with this circular, plus ac­
crued interest from February 15, 1977.
W ith this exception the securities are as
described in the following excerpt from
the above circular:
2.1. The securities will be dated February
15, 1977, and will bear interest1 from that
date, payable on a semiannual basis on Au­
gust 15, 1977, and each 6 months thereafter
on February 15 and August 15 until the
principal becomes payable. They will mature
February 15, 1984, and will not be subject
to call for redemption prior to maturity.
2.2. The income derived from the securities
is subject to all taxes imposed under the
Internal Revenue Code of 1954. The secu­
rities are subject to estate, inheritance, gift,
or other excise taxes, whether Federal or
State, but are exempt from all taxation now
or hereafter imposed on the principal or
interest thereof by any State, or any of the
possessions of the United States, or by any
local taxing authority.
2.3. The securities will be acceptable to
secure deposits of public moneys. They will
not be acceptable in payment o f taxes.
2.4. Bearer securities with interest coupons
attached, and securities registered as to prin­
cipal and interest, will be issued in denomi­
nations of $1,000, $5,000, $10,000, $100,000,
and $1,000,000. Book-entry securities will be
available to eligible bidders in multiples of
those amounts. Interchanges of securities of
different denominations and o f coupon, reg­
istered and book-entry securities, and the
transfer o f registered securities will be
permitted.
2.5. The securities will be subject to the
general regulations o f the Department o f the
Treasury governing United States securities,
now or hereafter prescribed.
3. S ale P rocedures
3.1. Tenders will be received at Fed­
eral Reserve Banks and Branches and at
the Bureau of the Public Debt, Washing­
ton, D.C. 20226, up to 1:30 p.m., Eastern
Daylight Saving time, Tuesday, May 3,
1977. Noncompetitive tenders as defined
below will be considered timely if post­
marked no later than Monday, May 2,
1977.
3.2. Each tender must state the face
amount of securities bid for. The mini­
mum bid is $1,000 and larger bids must
be in multiples of that amount. Com­
petitive tenders must also show the price
offered, expressed on the basis of 100 with
two decimals, e.g., 100.00. Common frac­
tions may not be used. Only tenders at a
price more than the original issue dis­
count limit of 98.50 will be accepted.
Noncompetitive tenders must show the
term “ noncompetitive” on the tender
form in lieu of a specified price. No bidder
may submit more than one noncompeti­
tive tender, and the amount may not
exceed $1,000,000.
3.3. Commercial banks, which for this
purpose are defined as banks accepting
demand deposits, and primary dealers,
which for this purpose are defined as
dealers who make primary markets in
Government securities and report daily
to the Federal Reserve Bank of New York
their positions ip and borrowings on such
securities, may submit tenders for ac­
count of customers if the names of the
1On February 3, 1977, the Secretary o f the
Treasury announced that the Interest rate
on the notes would be 7 % percent per an­
num.
customers and the amount for each cus­
tomer are furnished. Others are only
permitted to submit tenders for their
own account.
3.4. Tenders will be received without
deposit for their own account from com­
mercial banks and other banking insti­
tutions; primary dealers, as defined
above; Federally insured savings and
loan associations; States, and their po­
litical subdivisions or instrumentalities;
public pension and retirement and other
public funds; international organizations
in which the United States holds mem­
bership; foreign central banks and for­
eign states; Federal Reserve Banks; and
Government accounts. Tenders from
others must be accompanied by a deposit
of 5% of the face amount of securities
applied for (in the form of cash, matur­
ing Treasury securities or readily collec­
tible checks), or by a guarantee of such
deposit by a commercial bank or a pri­
mary dealer.
3.5. Immediately after the closing
hour, tenders will be opened, followed by
a public announcement of the amount
and price range of accepted bids. Subject
to the reservations expressed in Section
4, noncompetitive tenders will be ac­
cepted in full at the weighted average
price in two decimals of accepted com­
petitive tenders, and competitive tenders
at the highest prices will be accepted to
the extent required to attain the amount
offered. Tenders at the lowest accepted
price will be prorated if necessary. Suc­
cessful competitive bidders will be re­
quired to pay the price that they bid. I f
the amount of noncompetitive tenders
received would absorb all or most of the
offering, competitive tenders will be ac­
cepted in an amount sufficient to provide
a fair determination of the price. Ten­
ders received from Government accounts
and Federal Reserve Banks will be ac­
cepted at the weighted average price of
accepted competitive tenders.
3.6. Competitive bidders will be ad­
vised of the acceptance or rejection of
their tenders. Those submitting noncom­
petitive tenders will only be notified if
the tender is not accepted in full or when
the price is over par.
4. R e se r va tio ns
4.1. The Secretary of the Treasury ex­
pressly reserves the right to accept or
reject any or all tenders in whole or in
part, to allot more or less than the
amount of securities specified in Section
1, and to make different percentage al­
lotments to various classes of applicants
when the Secretary considers it in the
public interest. The Secretary's action
under this section is final.
5. P a y m e n t and D e l iv e r y
5.1 Settlement for allotted securities
must be made or completed on or before
Monday, May 16,1977, at the Federal Re­
serve Bank or Branch or at the Bureau of
the Public Debt, wherever the tender was
submitted, and must include accrued in­
terest from February 15 to May 16,1977,
in the amount of $18.02486 per $1,000 of
securities allotted. Payment must be in
cash; in other funds immediately avail-
 NOTICES 22461

February 15r 1977. W ith this exception,

able to the Treasury; in Treasury bills, sued in bearer form and shall be ex­
notes or bonds (with all coupons de­ changeable for definitive securities of the securities are as described in the fo l­
tached) maturing on or before the set­ this issue, when such securities are avail­ lowing excerpt from the above circular:
tlement date but which are not overdue able, at any Federal Reserve Bank or 2.1. The securities wUl be dated February
as defined in the general regulations Branch or at the Bureau of the Public 15, 1977, and will bear interest1 from that
governing United States securities ; or by Debt, Washington, D.C. 20226. The in­ date, payable on a semiannual basis on Au­
gust 15, 1977, and each 6 months thereafter
check drawn to the order of the institu­ terim certificates must be returned at on February 15 and August 15 until the
tion to which the tender was submitted, the risk and expense of the holder. principal becomes payable. They w ill m a­
which must be received at such institu­ 5.5. Delivery of securities in registeredture on February 15, 2007, but may be re­
tion no later than: form will be made after the requested deemed at the option o f the United States
(a) Wednesday, May 11, 1977, if the form of registration has been validated, on and after February 15, 2002, in wliole or
check is drawn on a bank in the Federal the registered interest account has been in part, at par and accrued interest on any
Reserve District of the institution to established, and the securities have been interest payment date or dates, on 4 months’
notice o f call given in such manner as the
which the check is submitted (the Fifth inscribed. Secretary o f the Treasury shall prescribe. In
Federal Reserve District in case of the 6. G e n e r a l P r o v i s i o n s case o f partial call, the securities to be re­
Bureau o f the Public D eb t), or deemed w ill be determined by such method
(b) Tuesday, May 10,1977, if the check 6.1. As fiscal agents of the United as may be prescribed by the Secretary of
is drawn on a bank in another Federal States, Federal Reserve Banks are au­ the Treasury. Interest on the securities
Reserve District. thorized and requested to receive tend­ caUed for redemption shall cease on the date
ers, to make allotments as directed by o f redemption specified in the notice o f call.
Checks received after the dates set forth the Secretary of the Treasury, to issue 2.2. The income derived from the securi­
in the preceding sentence will not be ac­ such notices as may be necessary, to re­ ties is subject to all taxes imposed under
cepted unless they are payable at the ap­ ceive payment for and make delivery of the Internal Revenue Code o f 1954. The se­
plicable Federal Reserve Bank. Payment securities on full-paid allotments, and curities are subject to estate, inheritance,
will not be considered complete where to issue interim certificates pending de­ gift, or other excise taxes, whether Federal
or State, but are exempt from all taxation
registered securities are requested if the livery of the definitive securities. now or hereafter imposed on the principal
appropriate identifying number as re­ 6.2. The Secretary of the Treasury or interest thereof by any State, or any o f
quired on tax returns and other docu­ may at any time issue supplemental or the possessions o f the United States, or by
ments submitted to the Internal Revenue amendatory rules and regulations gov­ any local taxing authority.
Service (an individual’s social security erning the offering. Public announce­ 2.3. The securities will be acceptable to
number or an employer identification ment of such changes will be promptly secure deposits of public moneys. They will
number) is not furnished. When pay­ provided. not be acceptable in payment o f taxes.
ment is made in securities, a cash adjust­ 2.4. Bearer securities will interest coupons
W . M ic h a e l B l u m e n t h a l , attached, and securities registered as to prin­
ment will be made to or required o f the cipal and interest, w ill be issued in denomi­
bidder for any difference between the Secretary of the Treasury.
nations o f $1,000, $5,000, $10,000, $100,000,
face amount of securities presented and [P R Doc.77-12800 Filed 4-29-77;4:20 pm] and $1,000,000. Book-entry securities will be
the amount payable on the securities available to eligible bidders in multiples of
allotted. those amounts. Interchanges o f securities o f
[Department Circular; Public Debt Series— different denominations and of coupon, regis­
5.2. In every case where full payment
No. 11—77} tered and book-entry securities, and the
is not completed on time, the deposit
submitted with the tender, up to 5 per­ transfer of registered securities will be per­
7 % PERCENT TREASURY BONDS mitted.
cent of the face amount of securities al­ OF 2002-2007 2.5. The securities w ill be subject to the
lotted, shall, at the discretion of the Sec­ general regulations of the Department of the
A p r il 28, 1977.
retary of the Treasury, be forfeited to the Treasury governing United States securities,
United States. 1. I n v it a t io n for T enders now or hereafter prescribed.
5.3. Registered securities tendered as
deposits and in payment for allotted 1.1. The Secretary of the Treasury, 3. S ale P rocedures
securities are not required to be as­ under the authority of the Second Lib­ 3.1. Tenders will be received at Federal
signed if the new securities are to be reg­ erty Bond Act, as amended, invites ten­ Reserve Banks and Branches and at the
istered in the same names and forms as ders for approximately $1,000,000,000 of Bureau of the Public Debt, Washington,
appear in the registrations or assign­ United States securities, designated 7% D.C. 20226, up to 1:30 p.m., Eastern Day­
ments of the securities surrendered. percent Treasury Bonds of 2002-2007 light Saving time, Wednesday, May 4,
When the new securities are to be reg­ (CUSIP No. 912810 B X 5). The securi­ 1977. Noncompetitive tenders as defined
istered in names and forms different ties will be sold at auction with bidding below will be considered timely if post­
from those in the inscriptions or assign­ on the basis of price. Payment will be marked no later than Tuesday, May 3,
ments of tiie securities presented, the required at the bid price of each ac­ 1977.
assignment should be to “The Secretary cepted tender in the manner described 3.2. Each tender must state the face
of the Treasury for (securities offered by below. Additional amounts of these se­ amount of securities bid for. The mini­
this circular) in the name of (name and curities may be issued to Government mum bid is $1,000 and larger bids must
taxpayer identifying number).” I f new accounts and Federal Reserve Banks for be in multiples of that amount. Competi­
securities in coupon form are desired, the their own account in exchange fo r ma­ tive tenders must also show the price o f­
assignment should be to “ The Secretary turing Treasury securities. Additional fered, expressed on the basis of 100 with
of the Treasury for coupon (securities amounts may also be issued for cash to two decimals, e.g., 100.00. Common frac­
offered by this circular) to be delivered Federal Reserve Banks as agents of for­ tions may not be used. Only tenders at a
to (name and address).” Specific instruc­ eign and international monetary author­ price more than the original issue dis­
tions for tiie issuance and delivery of the ities. count limit of 92.75 will be accepted. Non­
new securities, signed by the owner or 2. D e s c r ip t io n of S e c u r it ie s competitive tenders must show the term
authorized representative, must accom­ “ noncompetitive” on the tender form in
pany the securities presented. Securities 2.1. The securities offered will be lieu of a specified price. No bidder may
tendered in payment should be sur­ identical to the 7% percent Treasury submit more than one noncompetitive
rendered to the Federal Reserve Bank or Bonds Of 2002-2007 (CUSIP No. 912810 tender, and the amount may not exceed
Branch or to the Bureau of the Public B X 5) issued under Department of the $1,000,000.
Debt, Washington, D.C. 20226. The secu­ Treasury Circular, Public Debt Series— 3.3. Commercial banks, which for this
rities must be delivered at the expense No. 4-77, dated January 27, 1977, except purpose are defined as banks accepting
and risk of the holder. that interest will accrue from May 16,
1977, and payment for the securities will
5.4 I f bearer securities are not ready 1On February 4, 1977, the Secretary o f the
be calculated on the basis of the auction Treasury
for delivery on the settlement date, pur­ announced that the interest rate
chasers may elect to receive interim cer­ price determined in accordance with this on the bonds would be 7% percent per
tificates. These certificates shall be is­ circular, plus accrued interest from annum.

FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, MAY 3, 1977

 22462 NOTICES

demand deposits, and primary dealers, serve Bank or Branch or at the Bureau D.C. 20226. The securities must be de­
which for this purpose are defined as o f the Public Debt, wherever the tender livered at the expense and risk of the
dealers who make primary markets in was submitted, and must include accrued holder.
Government securities and report daily interest from February 15 to May 16, 5.4. I f bearer securities are not ready
to the Federal Reserve Bank of New York 1977, in the amount o f $18.95718 per $1,- for delivery on the settlement date, pur­
their positions in and borrowings on such 000 of securities allotted. Payment must chasers may elect to receive interim cer­
securities, may submit tenders for ac­ be in cash; in other funds immediately tificates. These certificates shall be issued
count of customers if the names of the available to the Treasury; in Treasury in bearer form and shall be exchangeable
customers and the amount for each cus­ bills, notes or bonds (with all coupons de­ for definitive securities of this issue,
tomer are furnished. Others are only tached) maturing on or before the set­ when such securities are available, at any
permitted to submit tenders for their tlement date but which are not overdue Federal Reserve Bank or Branch or at
own account. as defined in the general regulations gov­ the Bureau o f the Public Debt, Washing­
3.4. Tenders will be received without erning United States securities; or by ton, D.C. 20226. The interim certificates
deposit for their own account from com­ check drawn to the order of the institu­ must be returned at the risk and expense
mercial banks and other banking insti­ tion to which the tender was submitted, of the holder.
tutions; primary dealers, as defined which must be received at such institu­ 5.5. Delivery of securities in registered
above; Federally insured savings and tion no later than : form will be made after the requested
loan associations; States, and their po­ (a) Wednesday, May 11, 1977, if the form o f registration has been validated,
litical subdivisions or instrumentalities; check is drawn on a bank in thè Federal the registered interest account has been
public pension and retirement and other Reserve District of the institution to established, and the securities have
public funds; international organiza­ which the check is submitted (the Fifth been inscribed.
tions in which the United States holds Federal Reserve District in case of the
membership; foreign central banks and Bureau of the Public D ebt), or 6. G e ner al P r o v is io n s
foreign states; Federal Reserve Banks; (b) Tuesday, May 10, 1977, if the 6.1. As fiscal agents of the United
and Government accounts. Tenders from check is drawn on a bank in another Fed­
States, Federal Reserve Banks aré au­
others must be accompanied by a deposit eral Reserve District. thorized and requested to receive
of 5 percent of the face amount o f secu­
rities applied for (in the form of cash, Checks received after the dates set forth tenders, to make allotments as directed
maturing Treasury securities or readily in the preceding sentence will not be ac­ by the Secretary of the Treasury, to
collectable checks), or by a guarantee of cepted unless they are payable at the ap­ issue such notices as may be necessary,
such deposit by a commercial bank or a plicable Federal Reserve Bank. Payment to receive payment for and make delivery
primary dealer. will not be considered complete where, e>f securities on full-paid allotments’ and
registered securities are requested if the to issue interim certificates pending
3.5. Immediately after the closing hour,
tenders will be opened, followed by a appropriate identifying number as re­ delivery of the definitive securities.
quired on tax returns and other docu­ 6.2. The Secretary of the Treasury may
public annoucement of the amount and
price range of accepted bids. Subject to ments submitted to the Internal Revenue at any time issue supplemental or
the reservations expressed in Section 4, Service (an individual’s social security amendatory rules and regulations gov­
noncompetitive tenders will be accepted number or an employer identification erning the offering. Public announce­
in full at the weighted average price in number) is not furnished. When pay­ ment of such changes will be promptly
two decimals of accepted competitive ment is made in securities, a cash adjust­ provided.
tenders, and competitive tenders at the ment will be made to or required o f the W . M ic h a e l B l u m e n t h a l ,
highest prices will be accepted to the ex­bidder for any difference between the Secretary of the Treasury.
tent required to attain the amount o f­ face amount of securities presented and [F R Doc.77-12801 FUed 4-2O-77;4:20 pni]
fered. Tenders at the lowest accepted the amount payable on the securities
price will be prorated if necessary. Suc­ allotted.
cessful competitive bidders* will be re­ 5.2. In every case where full payment INTERSTATE COMMERCE
quired to pay the price that they bid. I fIs not completed on time, the deposit sub­ COMMISSION
the amount of noncompetitive tenders mitted with the tender, up to 5 percent of [Notice No. 381]
received would absorb all or most of the the face amount of securities allotted,
offering, competitive tenders will be ac­ shall, at the discretion of the Secretary ASSIGNMENT OF HEARINGS
cepted in an amount sufficient to provide of the Treasury, be forfeited to the A pril 28, 1977.
a fa ir determination of the price. Ten­ United States.
5.3. Registered securities tendered as Cases assigned for hearing, postpone­
ders received from Government accounts
and Federal Reserve Banks will be ac­ deposits and in payment for allotted se­ ment, cancellation, or oral argument ap­
cepted at the weighted average price of curities are not required to be assigned pear below and will be published only
accepted competitive tenders. if the new securities are to be registered once. This list contains prospective as­
3.6. Competitive bidders will be ad­ in the same names and forms as appear signments only and does not include
vised of the acceptance or rejection of in the registration or assignments of the cases previously assigned hearing dates.
The hearings will be on the issues as
their tenders. Those submitting noncom­ securities surrendered. When the new se­
presently reflectèd in the Official Docket
petitive tenders will only be notified if curities are to be registered in names and
of the Commission. An attempt will be
the tender is not accepted in full or whenforms different from those in the inscrip­
made to publish notices of cancellation
the price is over par. tions or assignments o f. the securities of hearings as promptly as possible, but
presented, the assignment should be to
4. R eservations “ The Secretary of the Treasury for (se­ interested- parties should take appro­
4.1. The Secretary of the Treasurycurities offered by this circular) in the priate steps to insure that they are noti­
expressly reserves the right to accept or name of (name and taxpayer identifying fied of cancellation or postponements of
reject any or all tenders in whole or in n u m b e r ) I f new securities in coupon hearings in which they are interested.
part, to allot more or less than thé form are desired, the assignment should MO 9859 (Sub-No. 4 ), Kane Transfer Co.,
amount of securitiës specified in Section be to “The Secretary of the Treasury for now assigned June è, 1977, at Baltimore,
1, and to make different percentage al­ coupon (securities offered by this circu­ Md., Is canceled and reassigned for July 11,
lotments to various classes of applicants lar) to be delivered to (name and ad­ 1977 (1 week), at Salisbury, Md., in a
when the Secretary considers it in the dress).“ Specific instructions for tlie is­ hearing room to be later designated.
public interest. The Secretary’s action suance and delivery of the new securities, FF 488, Retail Merchants Consolidation &
under this section is final. signed by the owner or authorized repre­ Distribution Center, Inc., now assigned
sentative, must accompany the securities June 6, 1977, at Columbus, Ohio, is post­
5. P aym ent and D elivery poned indefinitely.
presented. Securities tendered in pay­ MO 133095 (Sub-No. 114), Texas Continental
! 5.1. Settlement for allotted securities ment should be surrendered to the Fed­ Express, Inc., now assigned May 4, 1977, at
must be made or completed on or before eral Reserve Bank or Branch or to the Minneapolis, Minn., is postponed in­
■Monday, May 16,1977, at the Federal Re­ Bureau of the Public Debt, Washington, definitely.

FEDERAL REGISTER, VOL. 42, NO, 85— TUESDAY, MAY 3, 1977


MC 114552 (Sub-No. 124), Senri Trucking
Co., now assigned June' 1, 1977 (3 days),
at Jacksonville, Fla., instead o f (1 day).
MC 113678 (Sub-No. 630), Curtis, Inc., now
assigned May 23, 1977, at Omaha, Nebr.,
has been postponed indefinitely.
MC 123407 (Sub-No. 328), Sawyer Transport,
Inc., now assigned June 2, 1977, at Jack­
sonville, Fla., is being advanced to June 1,
1977 (3 days), at Jacksonville, Fla., in a
hearing room to be later designated.
MC 111546 (Sub-No. 230), Home Transporta­
tion Co., Inc., now being assigned June 1,
1977 (3 days), at Jacksonville, Fla., in a
hearing room to be later designated.
MC 31023 (Sub-No. 4 ), Moon Carrier, now
assigned May 4, 1977, at New York, N.Y.
is canceled and application dismissed.
MC 134922 Sub-No. 226, B. J. McAdams, Inc.,
now being assigned June 6, 1977 (1 day),
at San Francisco, Calif., in a hearing room
to be later designated.
MC 115557 Sub-No. 13, Charles A. McCauley
now assigned May 10, 1977, at Washington,
D.C., is now being transfered to Modified
Procedure.
MO 125533 Sub-No. 15, George W. Kugler,
Inc,, now assigned May 16, 1977, at Wash­
ington, D.C., is canceled, application dis-
missed
MC 138713 (Sub-No. 1), R. & G. Transit
Corp., now assigned May 17, 1977, at
Springfield, ,Hi., w ilt fie held in the Base-
ment Conference Room 17, U.S. Post Office
Building, 600 East Monroe.
MC 59717 (Sub-No. 8 ), Jacksonville Bus Line
Co., now assigned May 23, 1977, at Spring-
field, 111.,,, will be held in the Basement
Conference Room 17, U.S. Post Office Build­
ing, 600 East Monroe.
MC 13250 (Sub-No. 136), J. H. Rose Truck
Lines, Inc.; MC 14743 (Sub-No. 28), E. L.
Powell & Sons Trucking Co., Inc.; MC 19416
(Sub-No. 14), Dunn Bros., Inc.; MC 43867
(Sub-No. 32), A, Leander McAlister Truck­
ing Co.; MC 60157 (Sub-No. 25), C. A.
White Trucking Co.; MC 63792 (Sub-No.
27), Tom Hicks Transfer Co., Inc.; MC
66886 (Sub-No. 63), Belger Cartage Serv­
ice, Inc.; MC 68100 (Sub-No. 18), D. P.
Bonham Transfer, Inc.; MC 99214 (Sub-No.
6), Patterson Truck Line, Inc.; MC 106775
(Sub-No. 42), Atlas Truck Line, Inc.; MC
112304 (Sub-No. 115), Ace Doran Hauling
& Rigging Co.; MC 117574 (Sub-No. 282),
Daily Express, inc.; MC 119176 (Sub-No.
15), The Squaw Trucking Co.; MC 120257
(Sub-No. 33), K. L. Breedon & Sons; MC
120675 (Sub-No. 3 ), Acme Trcuk Lines,
Inc.; MC 120761 (Sub-No. 19), Newman
Bros. Trucking Co.; MC 124947 (Sub-No.
67), Machinery Transports, Inc.; MC 138322
(Sub-No. 4 ), BH Y Trucking, Inc., now
being assigned May 9, 1977 (2 weeks), at
the Whitehall Hotel, 1700 Smith St., Cullen
Center, Houston, Tex., and continued to
May 23, 1977 (1 week), at the Fairmont
Mayo Hotel, 115 West 5th Street, Tulsa,
Okla.
MC 113855 Sub-No. 362, International Trans­
port, Inc., now assigned May 12, 1977, at
Washington, D.C., is canceled and trans­
ferred to modified procedure.
MC 142308, Bob Forman Associates, Inc., now
assigned May 3, 1977, at Charlotte, N.C., is
canceled and transferred to modified pro­
cedure.
R obert L . O s w a ld ,
Secretary.
[FR Doc.77-12687 Filed 5-2-77;8:45 am]
FEDERAL REGISTER, VOL. 42 , NO. »5— -TUESDAY, MAY 3. 1977
NÖTIGES
[AB 6 (Sub-No. 44 )]
BURLINGTON NORTHERN INC.
Abandonment of Railroad Services
A p r il 22, 1977
The Interstate Commerce Commission
hereby gives notice that its Section of
Energy and Environment has concluded
that the proposed abandonment by the
Burlington Northern, Inc., of its line of
railroad between Camdon and West
Frankfort, a distance of 3.99 miles, in
Franklin County, 111., if approved by the
Commission, does not constitute a major
Federal action significantly affecting the
quality of the human environment within
the meaning of the National Environ­
mental Policy Act of 1969 (N E P A ), 42
U.S.C. 4321, et seq., and that preparation
of a detailed environmental impact
statement will not be required under
section 4332(2) (C ) of the NEPA.
It was concluded, among other things,
that this line has handled a minimal
amount of traffic, which amounted to 16
carloads in 1975. Consequently, aban­
donment and the subsequent diversion
of traffic from rail to motor carrier will
have minimal effects on fuel consump­
tion, air quality, and traffic congestion.
Although the major industry in this area
has been coal mining, the mines have
been closed for some time. Abandonment
is not expected to have a serious adverse
impact on rural and community devel­
opment because there are no industrial
development plans which conflict with
the proposed abandonment. There is a
fully developed industrial park located
along the rail line in West* Frankfort.
However, none of the industries in this
park are dependent on thé line for rail
service, and the Chicago and Eastern I l ­
linois Railroad could serve this park by
construction of a rail spur if the need
arises. The line to be abandoned is not
considered suitable for other public pur­
poses.
This conclusion is contained in a staff-
prepared environmental threshold as­
sessment survey, which is available on
request to the Interstate Commerce
Commission, Office of Proceedings,
Washington, D.C. 20423; telephone 202-
275-7011.
Interested persons may comment on
this matter by filing their statements in
writing with the Interstate Commerce
Commission, Washington, D.C. 20423, on
or before June 6,1977.
It should be emphasized that the envi­
ronmental threshold assessment survey
represents an evaluation of the environ­
mental issues in the proceeding and does
not purport to resolve the issue erf
whether the present or future public
convenience and necessity permit dis­
continuance of the line proposed for
abandonment. Consequently, comments
on the environmental study should be
limited to discussion of the presence or
22463
absence o f environmental impacts and
reasonable alternatives.
R o bert L , O s w a l d ,
Secretary.
[F R Doc.77-12694 Filed 5-2-77;8:45 am]
[AB 37 (Sub-No. 6) ]
OREGON-WASHINGTON RAILROAD &
NAVIGATION CO.
Abandonment and Abandonment of Opera­
tion by Union Pacific Railroad Company
of "Umatilla Branch" Between Umatilla
and Irrigon in Umatilla and Morrow
Counties, Oreg.
A p r il 22, 1977.
The Interstate Commerce Commission
hereby gives notice that: (1) The Com­
mission’s Section of Energy and Envi­
ronment has prepared an environmental
threshold assessment survey in the
above-entitled Proceeding in which it was
concluded that the proceeding does not
constitute a major Federal action sig­
nificantly affecting the quality of the hu­
man environment within the meaning of
the National Environmental Policy Act
of 1969 (N E P A ), 42 U.S.C. 4321, et seq.;
(2) a notice setting forth this conclu­
sion was served March 9, 1977, and no
substantive comments in opposition, of
an environmental nature, have been re­
ceived by the Commission in response to
said notice; (3) this proceeding is now
ready fo r further disposition within the
Office of Hearings or the Office of Pro­
ceedings as appropriate.
R o be r t L. O s w a l d ,
Secretary.
|FR Doc.77-12692 Filed 5-2-77;8:45 ami
[AB 12 (Sub-No. 47) ]
SOUTHERN PACIFIC TRANSPORTATION
CO.
Abandonment of Its San Bruno Branch Be­
tween Daly City and Baden, In San
Mateo County, Calif.
A p r il 22, 1977.
The Interstate Commerce Commission
hereby gives notice that: (1) The Com­
mission’s Section of Energy and Envi­
ronment has prepared an environmental
threshold assessment survey in the
above-entitled proceeding in which it was
concluded that the proceeding does not
constitute a major Federal action signifi­
cantly affecting the quality of the human
environment within the meaning of the
National Environmental Policy Act of
1969 (N E PA ), 42 U.S.C. section 43321, et
se.; (2) a notice setting forth this con­
clusion was served March 9,1977, and no
substantive comments in opposition, of
an environmental nature, have been re­
ceived by the Commission in response to
said notice; (3) this proceeding is now
ready for further disposition within the

Office o f Hearings or the Office o f Pro­
ceedings as appropriate.
R o bert L . O s w a l d ,
Secretary.
[PR Doc.12689 Filed 5-2-77; 8:45 am]
[AB 12 (Sub-Na 35) ]
SOUTHERN PACIFIC TRANSPORTATION
CO.
Abandonment Between Susanvill# and
Westwood in Lassen County, Calif.
A p r il 22, 1977.
The Interstate Commerce Commission
hereby gives notice that: (1) The Com­
mission’s Section of Energy and Envi­
ronment has prepared an environmental
threshold assessment survey in the
above-entitled proceeding in which it
was concluded that the proceeding does
not constitute a major Federal action
significantly affecting the quality of the
human environment within the meaning
of the National Environmental Policy
Act of 1969 (N E PA ), 42 U.S.C. 4321, et
seq.; (2) a notice setting forth this con­
clusion was served March 1,1977, and no
substantive comments in opposition, of
an environmental nature, have been re­
ceived by the Commission in response to
said notice: (3) this proceeding is now
ready for further disposition within the
Office of Hearings, or the Office of Pro­
ceedings as appropriate.
R obert L. O s w a l d ,
Secretary.
[FR Doc.77-12690 Filed 5-2-77:8:45 am]
[AB 12 (Sub-No. 49)]
SOUTHERN PACIFIC TRANSPORTATION
CO.
Abandonment Between Redlands, 2d Street
and Crafton in San Rernadino County, Calif.
A p r il 22, 1977.
The Interstate Commerce Commission
hereby gives notice that: (1) The Com­
mission’s Section of Energy ahd Envi­
ronment has prepared an environmental
threshold assessment survey in the
above-entitled proceeding in which it
was concluded that the proceeding does
not constitute a major Federal action
significantly affecting the quality of the
human environment within the meaning
of the National Environmental Policy
Act of 1969 (N E PA ), 42 U.S.C. 4321, et
seq.; (2) a notice setting forth this con­
clusion was served March 9,1977, and no
substantive comments in opposition, of
an environmental nature, have been re­
ceived by the Commission in response to
said notice; (3) this proceeding is now
ready for further disposition within the
Office of Hearings or the Office of Pro­
ceedings as appropriate.
R obert L . O s w a l d ,
Secretary.
[F R Doc.77-12691 Filed 5-2-77;8:45 am]
FEDERAL REGISTER, V O L 42 , NO. 85— TUESDAY, MAY 3, 1977
NOTICES
[ AB 33 (Sub-No. 14) ]
UNIÓN PACIFIC RAILROAD CO.
A b an d on m en t Portion— Encampment
Branch Between Saratoga and Cow
Creek in Carbon County, Wyoming
A pr il 22, 1977.
The Interstate Commerce Commission
hereby gives notiqe that: (1) The Com­
mission’s Section of Energy and Environ­
ment has prepared an environmental
threshold assessment survey in the
above-entitled proceeding in which it was
concluded that the proceeding does not
constitute a major Federal action signifi­
cantly affecting the quality of the human
environment within the meaning of the
National Environmental Policy Act o f
1969 (N E PA ), 42 U.S.C. 4321, et seq.;
(2) a notice setting forth this conclu­
sion was served March 9, 1977, and
no substantive comments in opposition,
of an environmental nature, have been
received by the Commission in response
to said notice; (3) this proceeding is now
ready for further disposition within the
Office of Hearings or the Office of Pro­
ceedings as appropriate.
R obert L. O s w a l d ,
Secretary.
[FR Doc.77-12693 Filed 5-2-77; 8:45 am]
[AB 33 (Sub-No. 12]
UNION PACIFIC RAILROAD CO.
Abandonment of "Lyman Branch" Between
Hartman and Stegall in Scottsbluff
County, Nebr.
A pril 22, 1977.
The Interstate Commerce Commission
hereby gives notice that: (1) The Com­
mission’s Section of Eenergy, and En­
vironment has prepared an environmen­
tal threshold assessment survey in the
above-entitled proceeding in which it
was concluded that the proceeding does
not contitute a major Federal action sig­
nificantly affecting the quality of the hu­
man environment within the meaning of
the Nationay Environmental Policy Act
of 1969 (N E PA ), 42 U.S.C. section 4321,
et seq.; (2) a notice setting forth this
conclusion was served March 1,1977, and
no substantive comments in opposition,
of an environmental nature, have been
received by the Commission in response
to said notice; (3) this proceeding is now
ready for further disposition within the
Office of Hearings or the Office of Pro­
ceedings as appropriate.
R obert L. O s w a ld ,
Secretary.
[F R Doc.77-12695 Filed 5-2-77;8:45 am]
[Notice No. 162]
MOTOR CARRIER TRANSFER
PROCEEDINGS
M a y 3, 1977.
Application filed for temporary au­
thority under section 210a(b) in connec­
tion with transfer application under sec-*
tion 212(b) and Transfer Rules, 49 CFR
Part 1132:
No. MC-FC 77098. By application filed
April 21, 1977, LESLIE A. PARKER, an
individual, R.D. No. 2, Eldred, Pa., seeks
temporary authority to transfer the op­
erating rights of Floyd E. Hubbard, Jr„
an individual, East Main Road, North
East, Pa. 16428, under section 210a(b).
The transfer to Leslie A. Parker, an in­
dividual, of the operating rights of Floyd
E. Hubbard, Jr., an individual, is pres­
ently pending.
By the Commission.
R obert L. O s w a l d ,
Secretary.
[FR DocJ7-12686 Filed 5-2-77;8:45 am ]
[Notice No. 161]
MOTOR CARRIER BOARD TRANSFER
PROCEEDINGS
The following publications include mo­
tor carrier, water carrier, broker, and
freight forwarder transfer applications
filed under sections 212(b), 206(a), 211,
312(b), and 410(g) of the Interstate
Commerce Act.
Each application (except as otherwise
specifically noted) contains a statement
by applicants that there wil^be no sig­
nificant effect on thè quality of the hu­
man environment resulting from ap­
proval of the application.
Protests against approval of the ap­
plication, which may include a request
for oral hearing, must be filed with the
Commission within 30 days after the
date of this publication. Failure season­
ably to file a protest will be construed as
a waiver of opposition and participation
in the proceeding. A protest must be
served upon applicants’ representa-
tiv e (s ), or applicants (if no such repre­
sentative is nam ed), and the protestant
must certify that such service has been
made.
Unless otherwise specified, the signed
original and six copies of the protest
shall be filed with the Commission. All
protests must specify with particularity
the factual basis, and the section of the
Act, or the applicable rule governing the
proposed transfer which protestant be­
lieves would preclude approval o f the
application. I f the protest contains a
request for oral hearing, the request shall
be supported by an explanation as to
why the evidence sought to be presented
cannot reasonably be submitted through
the use of affidavits.
The operating rights set forth below
are in synopses form, but are deemed
sufficient to place interested persons on
notice of the proposed transfer.
No. MC-FC-76968 filed April 7, 1977.
Transferee: IM PE R IA L MOTOR
LINES, INC., 136 Allen Boulevard,
Farmingdale, New York, 11735. Trans­
feror: Byrnes L.I. Motor Cargo, Inc., 136
Allen Boulevard, Farmingdale, New
York, 11735. Transferor's Representa-

tive: Arthur Liberstein, 1 Penn Plaza,
New York, N.Y. 10001. Transferee’s Rep­
resentative : Harold Sussman, 200 Gar­
den City Plaza, Garden City, N.Y. 11530.
Authority sought for purchase by trans­
feree of the operating rights of trans­
feror as set forth in Certificates No. M C-
99369, Sub-No. 3) and MC-99369 (Sub-
No. 4), issued February 8, 1977, as fo l­
lows : General commodities, with normal
exceptions, over irregular routes, be­
tween points in Nassau and Suffolk
Counties, N.Y., on the one hand, and,
on the other, points in New Jersey within
15 miles of Columbus Circle, N.Y.; Gen­
eral commodities, with normal excep­
tions, over irregular routes, Between
New York, N.Y., on the one hand, and,
on the other, points in New Jersey within
15 miles of Columbus Circle, New York,
N.Y. Transferee presently holds no au­
thority from this Commission. Applica­
tion has been filed for temporary author­
ity under Section 210a (b ) .
No. MC-FC-77061, filed April 12, 1977.
Transferee: RALPH HUMPHREYS, Tib-
bitts Road, Box 736, New Hartford, New
York 13413. Transferor: Hollebrand
Trucking, Inc., Macedon Rd., P.O. Box
164, Ontario Center, New York 14520.
Applicants’ representative: S. Michael
Richards, 44 North Avenue, P.O. Box 225,
Webster, New York, 14580. Authority
sought for purchase by transferee of a
portion o f the operating rights of trans­
feror, as set forth in Certificate No. MC
112854 (Sub-No. 14), all of the operating
rights as set forth in Certificates No.
MC 112854 (Sub-No. 21) and MC 112854
(Sub-No. 22), portion of the operating
rights as set forth in Certificate No. MC
112854 (Sub-No. 24) and all of operating
rights as set forth in Certificate Nos.
MC 112854 (Sub-No. 33) and MC 112854
(Sub-No. 35) issued October 9, 1962;
March 1,1965; November 24,1964; Octo­
ber, 7 1965; November 29, 1973; and
August 5,1976; as follows: Frozen fruits,
and fresh produce, including fresh fruits,
fresh vegetables, and fresh berries when
moving in the same vehicle with frozen
fruits, From points in New York located
on and west of a line beginning at Os­
wego, N.Y., and extending along New
York Highway 57 to Syracuse, N.Y., and
thence along U.S. Highway 11 to the New
York-Pennsylvania State line, to Miami
and Tampa, Fla., and Charlotte, N.C.;
Sauerkraut, in bags, in vehicles equipped
with mechanical refrigeration, From
Preble, N.Y., to Atlanta, Ga.; Sauer­
kraut, in bags, in vehicles equipped with
mechanical refrigerations, From Preble,
N.Y., to points in Florida; Sauerkraut,
in bags, in vehicles equipped with me­
chanical refrigeration, From Preble,
N.Y., to points in South Carolina, and
Georgia (except Atlanta), Restriction:
The authority is restricted to the trans­
portation of traffic originating at the
plant site of Preble Produce Corporation,
at Preble, N.Y.; Manufactured dairy
products, From La Fargeville and Ark-
Port, N.Y., to Richmond and Norfolk,
Va„ Charlotte and Raleigh, N.C.,
Charleston and Columbia, S.C., Quincy,
Jacksonville, Miami, and Tampa, Fla.,
FEDERAL REGISTER, VOL. 42, NQ. 85— TUESDAY, MAY 3, 1977
NOTICES
and Atlanta, Statesboro, Thomasville,
and Valdosta, Ga.; and Manufactured
dairy products and fresh salads, From
Binghamton, N.Y., to Miami and Jack­
sonville, Fla. Transferee presently holds
no authority from this Commission. Ap­
plication has not been filed for temo-
rary authority under Section 210a(b).
No. MC-FC—77070 filed April 6, 1977.
Transferee: GUARDIAN M OVING AND
STORAGE, INC., 1111 S. Franklin, In ­
dianapolis, Indiana 46239. Transferor:
Haymaker Van & Storage, Incorporated,
3831 Prospect Street, Indianapolis, Indi­
ana, 46203. Applicant’s representative:
Walter F. Jones, Jr., 601 Chamber o f
Commerce Bldg., Indianapolis, Indiana,
46204. Authority sought for purchase by
transferee of the operating rights of
transferor as set forth in Certificate No.
MC 125735, issued July 13, 1964, as fo l­
lows : Household goods, as defined by the
Commission, Between Indianapolis, Ind.,
on the one hand, and, on- the other,
points in Indiana. Transferee presently
holds no operating authority from this
Commission. Application has not been
filed for temporary authority under
Section 210a(b).
No. MC-FC-77080, filed April 11, 1977.
Transferee: THOMPSON TRU C K LINE,
INC., 313 South First Street, Osborne,
Kansas 67473. Transferor: Leslie K.
Gentzler, Portis, Kansas 67474. Appli­
cant’s representative: James R. Martin,
115 South First Street, Osborne, Kansas
67473. Authority sought for purchase by
transferee of the operating rights of
transferor, as set forth in Certificate No.
MC 24009, issued December 12, 1955, as
follows: Livestock from specified points
and counties in Kansas to specified
points in Nebraska and from specified
counties in Nebraska to points in Os­
borne and Smith Counties, Nebraska;
horses from Norton and Graham Coun­
ties, Kansas to Grand Islan, Nebraska;
and household goods between, points in
Osborne and Smith Counties, Kansas on
the one hand, and, on the other, points
in Colorado and Missouri. Transferee is
presently authorized to operate as a
common carrier under Certificate No.
MC 88613. Application has not been filed
for temporary authority under Section
210a(b).
No. MC-FC-77081, filed April 11, 1977.
Transferee: G A R Y DAVIS TRUCKING,
INC., 14575 SW. Kingston, Milwau-
kie, Oregon 97222. Transferor: Edward
R. Wolfe, doing business as W olfe Truck­
ing, 20425 Ahha Lane, Bend, Oregon
97701. Applicant’s representative: Law­
rence V. Smart, Jr., 419 NW. 23d A v­
enue, Portland, Oregon 97210; Philip G.
Skofstad, P.O. Box 594, Gresham, Ore­
gon 97030. Authority sought for pur­
chase by transferee of the operating
rights of transferor, as set forth in Cer­
tificate No. MC 138080 (Sub-No. 2) and
MC 138080 (Sub-No. 4) issued March 22,
1974 and February 5, 1975, as follows:
Expanded shale rock from points in
Washington County, Oreg. to points in
Washington and Idaho. Transferee pres­
ently holds no authority from this Com­
22465
mission. Application has not been filed
for temporary authority under Section
210a(b).
No. MC-FC-77082, filed April 13, 1977.
Transferee: SOLDIER BROS. A B T
LINE, INC., 614 Paine Avenue, Toledo,
Ohio 43605- Transferor: Eli I. Soldier and
James J. Soldier, a partnership, 614
Paine Avenue, Toledo, Ohio 43605. Ap­
plicant’s representative: Arthur R.
Cline, Attorney at Law, 420 Security
Building, Toledo, Ohio 43604. Authority
sought for purchase by transferee of the
operating rights of transferor, as set
forth in No. MC 123675, issued October
3, 1961, as follows: Automobile stamp­
ings, automobile parts, radiator shells
and parts, paint, lumber, glass, empty
barrels and boxes, dies, die models, sheet
steel, wood blocks, solder, and solder
dross between Toledo, Ohio and points
within five miles thereof, on the one
hand, and, on the other, specified points
in Indiana and specified counties in
Michigan: automobile and truck bodies
and stampings from Cleveland, Ohio to
Flint, Mich., and points in Wayne, M a­
comb, and Oakland Counties, Mich.;
empty barrels from Toledo, Ohio to Li-
gonier, Ind.; steel tanks from East Pal­
estine, Ohio to points in Wayne County,
Mich.; formed sheet metal stampings
from Toledo, Ohio to specified points in
Indiana, Illinois, and the lower peninsula
of Michigan. Transferee presently holds
no authority from this Commission. Ap­
plication has not been filed for tempor­
ary authority under Section 210a(b) .
No. MC-FC-77086, filed April 14, 1977.
Transferee: THE W EST H ARTFORD
M OVING & STORAGE CO., a corpora­
tion, 160 South St., W. Hartford, Conn.
06110. Transferor: Horace N. Garrison,
doing business as West Hartford Moving
& Storage Co., 160 South St., W. Hart­
ford, Conn. 06110. Authority sought for
purchase by transferee of the operating
rights of transferor set forth in Certifi­
cate No. MC 40135, issued October 11,
1954, as follows: Household goods, as
defined by the Commission, between
Hartford, Conn., and points in Connec­
ticut within ten miles of Hartford, on
the one hand, and, on the other, points
in Massachusetts, Rhode Island, New
Hampshire, Vermont, New York, and
New Jersey. Transferee presently holds
no authority from this Commission. Ap­
plication has not been filed for tempo­
rary authority under Section 210a(b).
No. MC-FC-77087, filed April 14, 1977.
Transferee: Helen Reagan, doing busi­
ness as Southeast Trucking Company,
8418 County Highway 18, R.D. No. 6,
Ravenna, Ohio 44266. Transferor: Carl
W. Reagan, doing business as Southeast
Trucking Company, 8418 County High­
way 18, R.D. No. 6, Ravenna, Ohio 44266.
Applicant’s representative: William P.
Jackson, Jr., Attorney-'at-Law, 3426
North Washington Boulevard, P.O. Box
1267, Arlington, Va. 22210. Authority
sought for purchase by transferee of
the operating rights of transferor set
forth in Permits Nos. MC 127527, MC
127527 (Sub-No. 1), MC 127527 (Sub-No.
22466
3), MC 127527 (Sub-No. 5), MC 127527
(Sub-No. 10), MC 127527 (Sub-No. 12),
MC 127527 (Sub-No. 14), and MC 127527
(Sub-No. 16), issued by the Commission
October 14, 1966, July 1, 1966, January
18, 1967, January 13, 1969, May 27, 1971,
December 26, 1972 (as corrected Febru­
ary 2, 1973), December 11, 1972, July 22,
1975, and June 10, 1976, respectively as
follows: Concrete sewer pipe, concrete
manholes and cones, fittings and related
articles and materials used in the instal­
lation of such commodities; vitrified
FEDERAL REGISTER, VOL. 4 2 , NO. 85— TUESDAY, MAY 3 , 1977
NOTICES
clay products, clay, firebrick, fireclay,
furnace 'and kiln l i n i n g cements, and
high temperature bonding mortar; re­
fractories; dock levelers; reinforcing
wire and reinforcing wire fabric; ma­
chinery and equipment and attachments
and parts therefor used in the manufac­
ture of concrete pipe; concrete pipe, con­
crete cribbing, and concrete slabs, con­
crete pipe forms and* pre-stressed con­
crete bridge side forms; pipe (other than
steel), and accessories, parts, fittings,
and attachments therefor; and iron and
steel articles and fabricated, processed,
and structural steel, from, to and be­
tween points and places in Delaware, I l­
linois, Indiana, Iowa, Kentucky, Mary­
land, Michigan, Minnesota, New Jersey,
New York, Ohio, Pennsylvania, Virginia,
West Virginia, and Wisconsin. Trans­
feree presently holds no authority from
this Commission. Application has not
been filed for temporary authority un­
der Section 210a(b).
R obert L. O s w a l d ,
Secreary.
[P R Doc.77-12688 Filed 5-2-77;8:45 am]

su n sh in e a ct m eetin g s
This section of the FEDERAL REGISTER contains notices of meetings published under the "Government in the Sunshine Act” (Pub. L . 94-409),
5 U.S.C. 552b(e)(3).
CONTENTS
Civil Rights Commission------- ■ — 4
Commodity Futures Trading Com­
mission ------------------------------
Consumer Products Safety Com­
mission ----------------- ------ -—
Federal Communications Commis­
sion ___________________— ------
Federal Election Commission-----
Federal Power Commission ____—
Indian Claims Commission------ 5
Libraries and Information Science
National Commission_________
Mississippi River Commission-----6, 7, 8
Renegotiation B o a r d --------------
Securities and Exchange Commis­
sion ____________ i-----------------
1 -
AGENCY HOLDING MEETING: Fed­
eral Power Commission.
FEDERAL REGISTER C ITA TIO N OF
PREVIOUS ANNOUNCEMENT: (Sent to
F it. on April 27,1977.)
PREVIOUSLY ANNOUNCED
AND DATE OF MEETING: May 4, 1977,
2:00 p.m.
CHANGE IN THE MEETING: The fol­
lowing items have been added to the
agenda upon the affirmative vote of
Chairman Dunham, Commissioners
Smith, Holloman, and W att: G-16.
Docket No. RP76-140, Natural Gas Pipe­
line Company of America, Docket No.
RP77-4, Tennessee Gas Pipeline Com­
pany, a Division of Tenneco, Inc.; G-17.
Docket No. CI74-319, James M. Forgot-
son, Operator for Gulf Coast Venture;
G-18. Docket No. CP77-186, Texas East­
ern Transmission Corporation; M -l.
Docket No. RM76-17, Research Develop­
ment and Demonstration Accounting
Advance approval of rate treatment;
M-2. Emergency supplies of natural gas
to pipelines and distributors; M-3. Cur­
tailment Impact next Winter; M-4. Car­
negie Natural Gas Company.
K e n n e t h F. P l u m b ,
Secretary.
[ S-300-77 Piled 4-28-77; 1:43 pm ]
2 May 9, public hearing on Police-com­
AGENCY HOLDING MEETING: Se-
curiites and Exchange Commission.
ANNOUNCED TIM E AND DATE OF
MEETING: 2:30 p.m., April 28, 1977
(42 FR 17580, April 1, 1977, previously
changed from 10:00 a.m. same date.)
CHANGES IN THE MEETING: Item 1,
respecting H.R. 3222, Item 2, respecting
H.R. 3518 and Item 3, relating to the
Freedom of Information Act Appeal of
Norman F. Dacey have been rescheduled
for an open meeting to be held at 10:00
A M . on Thursday, May 5, 1977. Addi­
tional staff consideration of the matters
Item are required.
Chairman Williams, Commissioners
Loomis, Evans and Pollack voted to ap­
10 prove the above change.
Dated: April 25,1977.
9
G eorge A. F it z s im m o n s ,
13 Secretary.
3 [ S—301-77 Filed 4-28-77; 4:00 pm]
1 David H. Bigelow, Executive Director,
3 ington, D.C. 20006, Telephone 202-653-
12
AGENCY HOLDING THE MEETING:
Federal Election Commission.
11
DATE AND TIM E: Thursday, May 5,
2 1977, 10:00 a.m.
PLACE: 1325 K Street, N.W., Washing­
ton, D.C. 20463.
STATUS: Closed to the public.
M ATTERS TO BE CONSIDERED: L
Executive Session; A. Compliance Mat­
ters.
TIM E PERSON TO CONTACT FOR IN FO R­
M ATIO N:
David Fiske, Press Officer, Telephone
202-523-4065.
M a y e m W. E m m o n s ,
Secretary to the Commission.
[ S-309-77 Filed 4-28-77; 5:04 pm]
4 636-1311, extension 205.
AGENCY HOLDING THE MEETING:
U.S. Commission on Civil Rights.
DATE AND TIM E: May 8, 1977, meeting
8:00 p.m.; May 9 (possibly continuing on
May 10, 1977) 8:30 a.m. Public Hearing.
PLACE: May 8, Levee Room, Radama
Inn Central, 160 Union Street, Memphis,
Tennessee. May 9, Room 936, Federal
Building, 167 North Main Street, Mem­
phis, Tennessee.
STATUS: May 8, closed to public. May 9,
open: limited portions may be closed to
public.
M ATTERS TO BE CONSIDERED: May
8, enforcement of Commission subpenas.
munity relations in Memphis, Tennessee.
CONTACT PERSON FOR FURTHER
INFO RM ATIO N:
Mimi Hartley or Barbara Brooks,
Public Affairs Unit, 202-254-6697.
[S-310-77 Filed 4-28-77;5:04 pm]
5 1977.
AGENCY HOLDING TH E MEETING:
Indian Claims Commission.
TIM E AND DATE: 10:15 a.m., May 11,
1977.
FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, MAY 3, 1977
22467
PLACE: Room 600, 1730 K Street, N.W.,
Washington, D.C.
STATUS: Open to the Public: Docket
60-A, Makah; Docket 100-B-l, Klamath
and Modoc; Docket 182-A, Fort Sill
Apache; Docket 272, Creek; Docket 342-
G, Seneca.
CONTACT PERSON FOR MORE IN ­
FO RM ATIO N:
Room 640, 1730 K Street, N W „ Wash­
6184.
[S-311-77 Filed 4-29-77;8:45 am]
6
AGENCY HOLDING THE MEETING:
Mississippi River Commission.
TIM E AND DATE: 8:30 a.m., 23 May
1977.
PLACE: On board MV M ISSISSIPPI at
Foot of Eighth Street, Cairo, Illinois.
STATUS: Open to the public.
M ATTERS TO BE CONSIDERED: Views
and suggestions, from members of the
public on any matters pertaining to the
Mood Control, Mississippi River and
Tributaries Project.
CONTACT PERSON FOR MORE IN ­
FO RM ATIO N:
Mr. Rodger D. Harris, telephone 601-
AGENCY HOLDING THE MEETING:
Mississippi River,Commission.
TIM E AND DATE: 8:30 a.m., 25 May
1977.
PLACE: On board MV M ISSISSIPPI at
City Front, Greenville, Mississippi.
STATUS: Open to the public.
M ATTERS TO BE CONSIDERED: Views
and suggestions from members of the
public on any matters pertaining to the
Mood Control, Mississippi River and
Tributaries Project.
CONTACT PERSON FOR MORE IN ­
FO RM ATIO N:
Mr. Rodger D. Harris, telephone 601-
636-1311, extension 205.
[S-312-77 Filed 4-29-77;8:43 am]
7
*
AGENCY HOLDING THE MEETING:
Mississippi River Commission.
TIM E AND DATE: 9:00 A.M., 24 May
PLACE: On board M V M ISSISSIPPI at
City Front-Vicinity Beale Street, Mem­
phis, Tennessee.
STATUS: Open to the public.
22468
M ATTERS TO BE CONSIDERED: (1)
Views and suggestions from members of
the public on any matters pertaining to
the Flood Control, Mississippi River and
Tributaries Project; (2) Survey Report
on feasibility of expanding Memphis
Harbor; (3) Survey Report on feasibility
of providing flood control on Eight Mile
Creek at Paragould, Arkansas. Public ob­
servation but not participation of the
Commission’s deliberations on the Sur­
vey Reports is invited.
CONTACT PERSON FOR MORE IN ­
FORM ATION:
Mr. Rodger D. Harris, telephone 601-
636-1311, extension 205.
[S-313-77 Filed 4-29-77;9:43 am]
8 under the Federal Hazardous Substances Commodity Futures Trading Commis­
AGENCY HOLDING THE MEETING:
Mississippi River Commission.
TIM E AND DATE: 8:30 A.M., 26 May
1977.
PLACE: On board MV M ISSISSIPPI at
Corps of Engineers Mat Casting Field,
Vidalia, Louisiana.
STATUS: Open to the public.
M ATTERS TO BE CONSIDERED:
Views and suggestions from members of
the public on any matters pertaining to
the Flood Control, Mississippi River and
Tributaries Project.
CONTACT PERSON FOR MORE IN ­
FORM ATION:
Mr. Roger D. Harris, telephone 601/
632-1311, extension 205.
AGENCY HOLDING THE MEETING:
Mississippi River Commission.
TIM E AND DATE: 9:00 A.M., 27 May
1977.
PLACE: On board MV M ISSISSIPPI at
Foot of Prytania Street, New Orleans,
Louisiana
STATUS: Open to the public.
M ATTERS TO BE CONSIDERED:
Views and suggestions from members of
the public on any matters pertaining to
the Flood Control, Mississippi River and
Tributaries Project.
CONTACT PERSON FOR MORE IN ­
FORM ATION:
Mr. Rodger D. Harris, telephone 601/
636-1311, extension 205
[S-314-77 Filed 4-29-77:9:43 am]
FEDERAL REGISTER, VOL. 42 , NO. 85— -TUESDAY, MAY 3, 1977
SUNSHINE ACT MEETINGS
9 ment and a letter offering the Arm an
AGENCY HOLDING TH E MEETING: opportunity for settlement, and author­
Consumer Product Safety Commission. ity for automatic issuance of a Notice
of Enforcement should the firm refuse to
TIM E AND DATE: 9:30 a.m., May 12, enter into the consent agreement. The
1977. Commission previously considered this
LOCATION: 3rd Floor Hearing Room, case at its April 14 meeting.
l l l l r l 8 t h St. NW., Washington, D.C. CONTACT PERSON FOR ADDITIONAL
STATUS: Portions are open: one portion INFO RM ATIO N:
is closed. Sheldon D. Bùtts, Assistant Secretary,
M ATTERS TO BE CONSIDERED: Por­ Office of the Secretary, Consumer
tion open to the public. Product Safety Commission, Suite 300,
llll-1 8 th St. NW., Washington, D.C.
1. Public Playground Equipment: Rec­
ommended Safety Standard. In May, 20207, telephone (202) 634-7700.
1975, the Commission initiated a pro­ [S-316-77 Filed 4-29-77; 11:38 am]
ceeding to develop safety-related re­
quirements for public playground equip­ 10
ment. These requirements were to be
used as a basis for proposed regulations AGENCY HOLDING THE MEETING:
Act. A t this meeting, the Commission will sion.
provide guidance to the staff on further FEDERAL REGISTER C ITA TIO N OF
development of $he standard. PREVIOUS ANNOUNCEMENT: FR Voi.
2. Petition on Airless Paint Spray 42, 21898, April 29, 1977.
Guns (CP 74-4). In September, 1974, the PREVIO USLY ANNOUNCED TIM E
Commission received a petition seeking AND DATE OF MEETING: 10:00 A.M.,
action on airless paint spray guns. At May 2, 1977.
that time, the Commission directed the
staff to take action under the substantial CHANGES IN MEETING: Cancelled.
product hazard provisions of section 15 [S-317-77 Filed 4-29-77; 1:45 pm]
of the Consumer Product Safety Act, and
later accepted a consent agreement in
the case. A t this meeting, the staff has 11
asked the Commission to decide on the AGENCY HOLDING THE MEETING:
petition, and on whether any other ac­ The Renegotiation Board.
tion is necessary under section 15. FEDERAL REGISTER C ITA TIO N OF
3. Amendments to the Electrical Toy PREVIOUS ANNOUNCEMENT: 42 FR
Regulation Regarding Instruction Book­ 21170.
lets and Power Cords. The Commission
will consider what additional action to PREVIOUSLY ANNOUNCED TIME
take on two amendments to the Federal AND DATE OF MEETING: 10:00 a.m.,
Hazardous Substances Act regulations May 3,1977.
for electrically-operated toys and chil­ CHANGES IN MEETING: The time and
dren’s articles, which it proposed in Jan­ date of the meeting are changed to
uary, 1974. The proposed amendments 10:00 a.m., May 10, 1977. In all other re­
concern cautionary labeling on instruc­ spects, the original announcement in 42
tion sheets, and the types of cord to be FR 13167-8 is unchanged.
used for such products as wood-burning
tools. Dated April 29,1977.
4. Response to H.R. 3691: Consumer G o o d w in C h a s e ,
Product Safety Commission . Amend­ Chairman.
ments of 1977. This draft letter, pre­ [S—318-77 Filed 4-29-77; 1:49 pm]
pared fo r Commission approval, com­
ments on the bill, which was drafted by
12
the Commission and introduced at its
request. AGENCY HOLDING THE MEETING:
National Commission on Libraries and
Portion of Meeting closed to the public
Information Science.
5. Proposal to Seek Consent Agree­
ment and/or Notice of Enforcement: Notice is hereby given of the National
Flammable Fabrics Act Case (carpets) ; Commission on Libraries and Informa­
B C M I 16-048. In this matter, the staff tion Science (established by Public Law
seeks authority to issue a consent agree­ 91-345) holding a meeting of the Task

Force on the Role of School Library
Media Program In Networking. This
meeting of the Task Force will be held
on July 11-12,1977, at the Stauffer's Na­
tional Center Inn, Arlington, Virginia.
P roposed A genda
(1) Progress Report;
(2) Discussion on position paper No.
1 __“Analysis of the Organizational
Structure of School Library Media Pro­
grams Presently Participating in Net­
working;”— Does the information con­
tained in position paper No. 1 alter or
substantiate our thinking?— Does the
paper uncover any totally new areas?—
FEDERAI REGISTER. VOL. 4 2 . NO. 85— TUESDAY, MAY 3, 1977
SUNSHINE ACT MEETINGS 22469-22503
How to effectively use the information in TIM E AND DATE: 9:00 am., Wednes­
planning our next steps; day, May 4,1977.
(3) Reports of subcommittees on as­
PLACE: Room 814, 1919 M Street N W ,
signed tasks;
Washington, D.C.
(4) Activities to be accomplished for
next meeting. STATUS: Closed Commission Meetings.
A l p h o n s e F. T rezza ,
M A TTE R TO BE CONSIDERED: In for­
Executive Director.
A p r il 28,1977.
mation concerning the subject matter of
the meeting is withheld pursuant to 47
[S-319-77 Filed 4-29-77; 3 :29 pm]
CFR 603(a).
Issued: April 27, 1977, April 29, 1977
13
(Amendment).
AGENCY HOLDING THE MEETING:
Federal Communications Commission. [S-320-77 Filed 4-29-77; 3:29 pm]
 V:

f
 TUESDAY, MAY 3, 1977
PART II

ENVIRONMENTAL
PROTECTION
AGEN CY

LIM E M ANUFACTURING
PLAN TS

Standards of Performance and Addition

to List of Categories of Stationary
Sources
 22508
ENVIRONMENTAL PROTECTION
AGENCY
[ 40 CFR Part 60 ]
[PR L 704-1]
STANDARDS OF PERFORMANCE FOR NEW
STATIONARY SOURCES
Lime Manufacturing Plants
AG ENC Y: Environmental
Agency.
A C TIO N : Proposed rule.
SU M M ARY: The proposed standards
would limit emissions of particulate mat­
ter from new, modified, and recon­
structed lime manufacturing plants. The
standards- implement the Clean Air Act
and are based on the Administrator’s
determination that lime manufacturing
plant emissions contribute significantly
to air pollution. The intended effect is to
require new, modified, and reconstructed
lime manufacturing plants to use the
best demonstrated system of emission
reduction.
DATES: Comments must be received on
or before July 5,1977.
ADDRESS: Comments should be sub­
mitted, preferably in triplicate, to the
Emission Standards and Engineering Di­
vision, Environmental Protection Agency,
Research Triangle Park, North Caro­
lina 27711, Attention: Mr. Don R. Good­
win.
The Standards Support and Environ­
mental Impact Statement (SSEIS) may
be obtained from the Public information
Center (PM-215), U.S. Environmental
Protection Agency, Washington, D.C.
20460 (specify “ Standards Support and
Environmental Impact Statement, Vol­
ume 1: Proposed Standards of Perform­
ance for Lime Manufacturing Plants” ) .
All public comments received will be
available for inspection and copying dur­
ing normal business hours at EPA’s Pub­
lic Information Reference Unit, Room
2922 (EPA Library), 401 M Street SW.,
Washington, D.C.
FOR FURTHER IN FO RM ATIO N CON­
TA C T:
Don R. Goodwin, Emission Standards
and Engineering Division, Environ­
mental 'Protection Agency, Research
Triangle Park, North Carolina 27711,
telephone number 919-688-8146, ex­
tension 271.
SUPPLEMENTARY IN FO R M ATIO N :
S u m m a r y o f E n v ir o n m e n t a l
E c o n o m ic I m pa cts
The proposed standards could impact
an estimated 6.8 teragrams (7.5 million
tons) of lime manufacturing capacity by
1982. About one-third of that would be
due to replacement of existing facilities
and the remainder due to installation of
equipment needed for expansion of in­
dustry capacity. EPA estimates that ap­
proximately 8 to 10 new rotary lime kilns
and one new lime hydra tor will be built
each year for the next five years.
The proposed standards would reduce
national particulate emissions from lime
PROPOSED RULES
manufacturing plants by about 13 giga- reflect emission limits achievable with
grams (about 14,200 tons) through 1982. the best demonstrated systems of emis­
This reduction would be accomplished sion reduction consideriiig the cost of
with only minimal adverse environ­ such systems. State implementation
mental impacts on water pollution and plans (S IP ’s) approved or promulgated
solid waste handling and disposal. Na­ under section 110 of the Act, on the
tional energy consumption would be de­
other hand, must provide for the attain­
creased slightly by the equivalent of nine ment and maintenance of national am­
cubic meters or about 55 barrels of No. 6 bient air quality standards (NAAQS) de­
Protection fuel oil per day in 1982. signed to protect public health and wel­
Total incremental investment costs fare. For that purpose S IP ’s must in
through 1982 to meet the proposed stand­ some cases require greater emission re­
ards are projected to be about $3 mil­ ductions than those required by stand­
lion. Thé annualized costs in 1982, in­ ards of performance for new sources.
cluding depreciation and interest, are For example, EPA’s Interpretative Rul­
estimated to be about $5 million. The ing (41 FR 55524, December 21, 1976) on
potential price increase that would result the construction of a new or modified
from implementation of the proposed source in an area that exceeds a NAAQS
standards for new or reconstructed kilns requires, among other things, that the
has been estimated to be about 80 cents new source must meet an emission limita­
per megagram of lime produced, or an in­ tion which reflects the “ lowest achiev­
crease of approximately 2.6 percent. The able emission rate” for such type of
costs for control of particulate emissions source. At a minimum, the lowest rate
from the affected facilities are considered achieved in practice would have to be
reasonable. specified unless the applicant can dem­
The proposed particulate standard for onstrate that it cannot achieve such
rotary lime kilns is based on the use of a a rate. In no event could the rate exceed
baghouse or an electrostatic precipitator.
any applicable standard of performance
Use of either of these systems would re­ for new sources.
sult in minimal adverse environmental
impacts. A venturi scrubber could also This stringent requirement reflects
EPA’s judgment that a new source should
be used to meet the standards. Although
venturi scrubbers would result in an ad­ be allowed to emit pollutants into an
area violating a NAAQS only if its con­
ditional beneficial environmental im­
pact by reducing S 02 emissions by about tribution to the violation is reduced to
the greatest degree possible. While cost
7 percent, they would also result in ad­
verse impacts on solid waste disposal, of achievement may be an important fac­
water pollution, and energy consump­ tor in determining a standard of per­
tion. formance for new sources applicable to
The proposed particulate standard for all areas of the country (clean as well
lime hydrators is based on the use of a as dirty) as a minimum, the cost factor
scrubber. Since the typical State stand­ must be accorded far less weight in de­
ard for this facility also requires the use termining an appropriate emission lim­
of a scrubber, there would be minimal itation for a source locating in an area
environmental impacts associated with violating statutorily-mandated health
the proposed standard. The incremental and welfare standards. Thus, while
energy required^is small, an increase of there may be technology available for
less than one percent. All of the collected new sources which have been determined
particulate matter could be recycled to not to be appropriate for standards of
the unit along with the scrubbing water. performance purposes, because of the
Therefore, there would be no adverse en­ greater consideration of the cost factor,
vironmental impacts on solid waste dis­ this technology still should be considered
posal or water pollution. for purposes of determining the “ lowest
achievable emission rate” for such type
R a t io n a l e for th e P roposed S tandards
of sources. The existence of a standard
The proposed standards would require of performance for new sources should
the best demonstrated technology, con­ not be viewed as the ultimate in achiev­
sidering costs, for the control of particu­ able control and should not limit the im­
late matter emissions be installed and position of a more stringent standard,
properly operated at new, modified, and where appropriate.
reconstructed lime manufacturing In addition, States are free under sec­
plants. The proposed standards were de­ tion 116 of the Act to establish even more
and veloped based on information derived stringent emission limits than those es­
from (1) available technical literature tablished under sectiofi 111 or those nec­
on the lime manufacturing industry and essary to attain or maintain the NAAQS
applicable emission control technology, under section 110, including the emis­
(2) technical studies performed for EPA sion offset policy requirements outlined
by independent research organizations, here. Thus, new sources may in some
(3) information obtained from the indus­ cases be subject to limitations more strin­
try during visits to lime plants and meet­ gent than EPA’s standards of perform­
ings with various representatives of the ance under section 111, and prospective
industry, (4) comments and suggestions owners and operators of new sources
solicited from experts, and (5) the results should be aware of this possibility in
of emission measurements conducted by planning for such facilities.
EPA and the industry. Selection of the Source Category, Pol­
It should be noted that standards of lutants, and Affected Facilities. Section
performance fo r new sources established 111 of the Act directs the Administrator
under section 111 of the Clean A ir Act to establish standards o f performance
FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, MAY 3, 1977

for new and modified stationary sources
that may contribute significantly to air
pollution which causes or contributes to
the endangerment of public health or
welfare. Lime manufacturing plants have
been shown to be a significant source of
particulate matter emissions. A study
performed for EPA in 1975 by The R e­
search Corporation of New England
ranked the lime industry twenty-fifth on
a list of 112 stationary source categories
which are emitters of particulate mat­
ter. Lime plants have also been identi­
fied as sources that are capable o f con­
tributing to the deterioration of existing
air quality (39 P R 42510).
Lime plants have been selected for the
development of standards of perform­
ance based on the expected growth rate
of the industry, the wide range of plant
locations across the United States, and
the reduction in particulate emissions
achievable with application of the best
technology for emission control, consid­
ering costs. Since 1930, the demond for
lime products has been increasing at a
growth rate of about five percent per
year. This rate is projected to continue
through 1982. In 1975, there were 179
lime plants located in 40 states in the
United States, producing a total of about
20 teragrams (22 million tons) of lime
per year.
Lime plants are sources of emissions
of particulate matter, nitrogen oxides
(NOx), carbon monoxide (C O ), and sul­
fur dioxide (SO 2) . For the reasons dis­
cussed below, at this time standards are
proposed only for the control of particu­
late matter emissions.
NO, emissions from lime kilns are gen­
erally emitted in low concentrations of
about 200 ppm. NOx emission reductions
achievable through combustion modifi­
cation or other control techniques have
not been clearly identified for lime kilns.
Standards of performance to reduce
these emissions are therefore not being
proposed.
CO emissions from lime plants are
normally in concentrations of about 100
ppm. Emissions of this magnitude would
result in an ambient air concentration of
less than one percent of the primary
ambient air quality standard under ad­
verse meteorological conditions. The
most effective control method for CO,
incineration of the off-gasses, would cre­
ate a severe fuel penalty, while producing
very little environmental benefit. Con­
sequently, standards of performance
for control of CO emissions from lime
kilns are not being proposed.
SO2 emissions from lime kilns are due
primarily to the presence of sulfur in the
fuel used to fire the kiln. Potential emis­
sions of SO2 from a 907 Mg (1000 ton)
per day lime kiln firing a coal of about 3
percent sulfur would amount to about 295
kg (650 pounds) per hour. Due to the
reaction between the lime dust and the
SO2, however, a significant reduction in
SO2 emissions results. When dry particu­
late control, such as a baghouse or an
ESP, is used, SO2 emissions are reduced
by about 85-90 percent. This SO2 reduc­
tion can be increased to about 95 percent
if a venturi scrubber is used for particu­
FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, MAY 3, 1977
PROPOSED RULES
late control. These efficiencies are based
on the results o f EPA source tests per­
formed on rotary kilns at several lime
manufacturing plants.
Consideration o f the potential environ­
mental, economic and energy impacts,
however, has convinced EPA to not pro­
pose an SO2 standard which would force
the use of venturi scrubbers. First, scrub­
bers use about six times more energy than
do baghouses. (It should be noted, how­
ever, that despite the fact that this leads
to SO2 emissions from the power plant
used to produce this energy, a net reduc­
tion in SO2 emissions is achieved.)
Second, although scrubbers achieve
lower actual SO2 emissions than bag-
houses, concentrations of SO2 in the am­
bient air may generally not be any lower.
This is because the temperature of the
stack gases from a scrubber is lower than
that from a baghouse resulting in less
efficient dispersion of the emissions.
Third, the annual operating costs
associated with the use o f a scrubber for
particulate and S O 2 control is more than
twice the costs of using a dry control sys­
tem such as a baghouse. These costs are
directly attributable to the increased
power requirements of a scrubber. The
beneficial impact of reducing S O 2 emis­
sions that is achieved by using a scrub­
ber, therefore, is attained at a relatively
large economic impact.
This economic impact and the as­
sociated adverse environmental impact
on water pollution, solid waste disposal
and increased energy consumption are
not considered reasonable in light of the
relatively small beneficial impact on air
quality. The Administrator has deter­
mined, therefore, that a standard of
performance for control of S O 2 from
lime kilns is not justified and an S O a
standard is not being proposed.
Particulate matter is emitted from
both the lime kiln and the lime hydrator.
Potential particulate emissions from un­
controlled facilities would amount to
about 15 kilograms per megagram (kg/
M g) of limestone feed from the kiln and
about 20 kg/Mg of lime feed from the
hydrator. The average State emission
limit for both kilns and hydrators is 0.5
kg/Mg of feed. Through application of
the best demonstrated emission control
technology, the emissions from these
facilities could be further reduced to 0.15
kg/Mg from the kiln and 0.075 kg/Mg
from the hydrator. These emission rates
represent incremental reductions in
particulate emissions from rotary lime
kilns and lime hydrators controlled to
comply with the average State standard
of 70 and 85 percent, respectively.
Lime kilns and hydrators account for
virtually all of the particulate matter
emitted from lime plants. Small amounts
of fugitive particulate emissions may
occur from various points in the process,
but these have not been quantified and
applicable control technology has not
been investigated. No standards for
control of fugitive emissions, therefore,
are being proposed.
Rotary Lime Kilns. The lime kiln is
the largest source of particulate emis­
sions at a lime manufacturing plant.
22507
Although there are several types of
kilns in use by the industry, the proposed
standards would apply only to rotary
kilns. Approximately 90 percent of the
lime produced in the U.S. is produced in
rotary kilns, and virtually all the new
kilns that have been built in the last few
years have been of the rotary type. The
rotary kiln is the only kiln that can
utilize coal for fuel and still maintain
acceptable product quality. Since the
lime manufacturing industry desires the
capability in the future to burn coal, the
present trend is to build and operate
rotary kilns whenever possible.
The format of the proposed particu­
late standard for the kiln could be either
a concentration standard or a mass-per-
unit-of-limestone standard. Concentra­
tion standards are normally easier to
enforce than mass standards. A con­
centration standard, however, would
penalize the more energy efficient kiln
operations. Since reduced fuel consump­
tion results in smaller exhaust gas
volumes, a concentration standard would
require the most energy efficient kiln
operators to achieve a higher degree of
control.
The major problem usually associated
with mass-per-unit-of-feed standards
is determining the feed rate. The feed
rate of the limestone into the kiln, how­
ever, is measured routinely at lime
plants, thereby allowing the emission
rate to be calculated directly. Since the
mass-per-unit-of-limestone feed format
is more equitable for the energy efficient
lime producers, this format is used for
the proposed standard.
EPA considers the following three de­
vices to be representative of the best
systems of emission reduction, consider­
ing costs, for particulate matter: (1)
fabric filters, (2) electrostatic precipita­
tors (E S P), and (3) venturi scrubbers.
Source tests were conducted on three
baghouses, two ESP’s and one scrubber.
Particulate emissions from the test runs
on the lime kilns controlled by baghouses
or ESP’s ranged from 0.016 to 0.290 kg/
Mg of feed (0.033 to 0.580 lb/ton), and
averaged 0.10 kg/Mg (0.20 lb/ton). One
out of the three baghouses tested did not
meet the level of the proposed standard.
All three baghouses tested were operating
under essentially the same conditions.
However; for reasons explained in detail
in the SSEIS, it is EPA’s judgment that
the baghouse that did not meet the level
of the proposed standard does not repre­
sent the best control technology and the
data obtained from that facility are not
used in the selection of the proposed
standard.
EPA also tested one scrubber for par­
ticulate emissions and found an emission
rate of about 0.22 kg/Mg at a pressure
drop of about 3.7 kilopascals (15 inches
w .c.). This scrubber, however, is not con­
sidered to represent best technology. As
explained in the SSEIS, a venturi scrub­
ber with a higher pressure drop of about
5.4 kilopascals (22 inches w.c.) would
meet the level of the proposed standard
in EPA’s judgment.
The results of the source tests on the
four rotary lime kilns that were consid-
 22508
ered to represent the best control technol­
ogy (two baghouses and two ESP’s) sup­
port a particulate standard of 0.15 kg/Mg
(0.3 lb/ton). A standard o f 0.15 kilogram
of particulate matter per megagram of
limestone feed, therefore, is being pro­
posed f or rotary lime kilns.
Visible emissions data were gathered
during particulate tests at six lime plants.
All of the 1056 six-minute average opac­
ity values were obtained as specified in
EPA Reference Method 9. An analysis of
the distribution of the data shows that
over two-thirds of the six-minute aver­
ages were equal to zero percent opacity
and over 99 percent of the readings fall
between zero and 10 percent opacity.
Based on these data, the proposed stand­
ard would limit visible «Missions to
10 percent opacity. This would insure
that the best system o f emission reduc­
tion, installed to comply with the par­
ticulate standard, is properly operated
and maintained.
When a scrubber is used for control of
the particulate emissions, it is very diffi­
cult to accurately read visible emissions
because of the steam plume that is pres­
ent. Due to enforcement difficulties, an
opacity standard would not be effective
in this case, and EPA is therefore exclud­
ing rotary lime kilns controlled with
scrubbers from the proposed opacity
standard.
Lime Hydrators. Lime hydrators are
also significant sources of particulate
matter at lime manufacturing plants.
Currently, hydrators are used to treat
about 10 percent o f the lime produced in
the U.S. Both pressure and atmospheric
lime hydrators are covered by the pro­
posed standards.
The format of the proposed standard
is a mass-per-unit-of-lime feed. A con­
centration format was not selected be­
cause the gas volume from the hydrator
scrubber is not proportional to the pro­
duction rate and therefore it is not pos­
sible to prevent dilution by correcting to
zero percent oxygen and water. A low
particulate concentration, therefore,
would not necessarily result in a low mass
emission rate. Since the feed rate of the
lime into the hydrator can be easily
measured, the emission rate can be calcu­
lated directly.
Scrubbers are the most widely used
method o f particulate control on lime
hydrators. EPA source tested two scrub­
bers in use on atmospheric hydrators.
The range of the six test runs on the two
facilities was 0.032 to 0.087 kg/Mg (0.065
to 0.173 lb/ton). Compliance with the
regulations is determined from an aver­
age of three test runs on an affected facil­
ity [40 CFR 60.8(f) 3. The average of the
three tests on the first unit was 0.04 kg/
Mg (0.08 lb/T) and the average of the
three tests on the second unit was 0.06
kg/Mg (0.12 lb / T ). Setting the proposed
standard at 0.075 kg/Mg (0.15 lb/ton)
assures that the owner or operator o f the
hydrator would be required to install and
operate the best control device.
Due to the presence o f a steam plume
from the scrubber stack, no accurate
FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, MAY 3, 1977
PROPOSED RULES
visible emissions readings could be taken. T e s t in g , M o n it o r in g , an d
EPA believes that an opacity standard R e c o r d k e e p in g
for this facility would be ineffective due
Performance tests to determine com­
to enforcement difficulties. No standard
pliance with the proposed standards
of performance limiting visible emissions
would be required. Reference Method 5
from the hydrator, therefore, is being (40 CFR Part 60, Appendix A ) would
proposed.
be used to measure the amount of par­
C o n s id e r a t io n o f I m p a c t s ticulate emissions. In addition, Method 2
for velocity and volumetric flow rate,
The proposed standards would reduce Method 3 for gas analysis, and Method 4
the particulate emissions from new lime for stack gas moisture would be used to
kilns by 99 percent below the levels that determine the necessary emission data.
would occur with no control and by 70
A measurement o f the mass rate of
percent below the levels required by a feed would also be required during a per­
typical State standard Sot existing formance test, because the units of the
sources. The proposed standards would proposed standards for the rotary lime
also reduce particulate emissions from kiln and the hydrator are kilograms of
new lime hydrators by 85 percent com­ particulate per megagram of limestone
pared to the requirements of the average or lime feed. A measuring device such as
State standard. The maximum 24-hour a conveyor belt scales would be required
average ambient air concentration of to determine the mass rate of feed. This
particulate matter due to emissions from device must be accurate to within ±5
a typical lime kiln controlled to the level percent over its operating range.
.required by the proposed standard would The proposed standards would require
be about 2.0 micrograms per cubic meter continuous monitoring of the opacity
(^g/m3) .
of the visible emissions discharged from
The secondary environmental impacts the lime kiln. When a scrubber is used
due to the proposed standards would be to control the emissions, entrained water
minor. There would be no impact on droplets prevent the accurate measure­
water pollution. Solid waste handling and ment of opacity; therefore, in this case
disposal problems would be minimal. All the proposed -standard would require
of the particulate collected from the monitoring the pressure drop across the
hydrators can be returned to the process. scrubber and the scrubbing fluid supply
When dry control systems are used on pressure to the scrubber rather than
the lime kiln, the additional amount of opacity. The pressure sensor or tap for
solid waste generated is estimated to be the monitoring device used on the kiln
about 3 percent. A negligible amount of scrubber should be located close to the
particulate matter, sulfur dioxide, and scrubber liquid discharge point. The Ad­
nitrogen oxides would be discharged into ministrator may be consulted for ap­
the air by the power plant which sup­ proval of alternative locations.
plies the additional electrical power re­ No opacity data were obtained for
quired to meet the proposed standards. emissions from the lime hydrator, and
In the absence of standards of per­ no opacity standard is being proposed.
formance, the lime manufacturing indus­ Monitoring of the operating parameters
try would be expected to follow the cur­ of the scrubber presents a good indica­
rent trends in particulate control to meet tion o f scrubber performance. The pro­
the applicable State standards. I t is esti­ posed regulations therefore require mon­
mated that 60 percent o f the industry itoring of the water flow rate to the
would use a baghouse, 20 percent would scrubber and of the electric current used
use a scrubber, and 20 percent would use by the scrubber rather than opacity.
an ESP for control. The expected distri­
Excess emissions for the lime kiln are
bution of control techniques to comply defined as all six-minute periods in which
with the proposed standards is 80 per­ the average opacity o f the stack plume
cent baghouse control and 20 percent exceeds 10 percent. The provisions for
ESP control. The difference in energy the reporting o f these excess emissions
consumption between these two fore­ are contained in § 60.7(c) o f Part 60.
casted distributions in the use of various No definition of excess emissions from
emission control techniques amounts to lime hydrators is included in the pro­
an energy savings of about 12.6x10* posed regulations since no opacity stand­
kw-hr/yr in 1982. This is equivalent to ard has been developed.
approximately 9 m* (55 barrels) of oil per
day in 1982 and represents a total energy Records of performance tests and con­
savings of about 0.2 percent for a new tinuous monitoring system measure­
lime manufacturing plant. ments would have to be retained for at
least two years following the date of the
The control costs that new, modified, measurements by owners and operators
and reconstructed lime plants would in­ subject to this subpart. This requirement
cur to meet the emission level required is included under § 60.7(d) of the gen­
by the proposed standards are considered eral provisions o f Part 60.
reasonable. The capital costs for typical
new lime plants would be increased by M is c e l l a n e o u s
about 3.5 percent. The price of the iim*>
As prescribed by section 111 o f the
product would increase by only about Act, this proposal o f standards has been
three percent. The proposed standards, preceded by the Administrator’s deter­
therefore, are expected to have minimal mination that emissions from lime man­
impact on the future growth rate o f the ufacturing plants contribute to air pol­
lime industry. lution which causes or contributes to

the endangerment of public health or
welfare, and by his publication of this
determination in this issue of the F ed ­
eral R e g iste r . In accordance with sec­
tion 117 of the Act, publication of these
proposed standards was preceded by
consultation with appropriate advisory
committees, independent experts, and
Federal departments and agencies.
Interested persons are invited to par­
ticipate in this rulemaking. H ie admin­
istrator will welcome comments on all
aspects of the proposed regulations, in­
cluding thé designation of the source
category of lime manufacturing plants
as a significant contributor to air pollu­
tion which causes or contributes to the
endangerment of public health or wel­
fare, economic and technological issues,
and the proposed test methods.
Economic Im pact Analysis. The
screening criteria used by EPA to deter­
mine if a proposal is a major action
under the Economic Impact Statement
program are: ( 1 ) additional national
annualized compliance costs, including
capital charges, will total $ 1 0 0 million
within any calendar year by the attain­
ment date, if applicable, or within five
years of implementation; ( 2 ) total addi­
tional cost of production is more than
five percent of the selling price; and (3)
net national energy consumption will be
increased by the equivalent of 25,000
barrels of oil a day (ca. 4,000 m* per
day). EPA has determined that the im­
pacts associated with the proposal of
these standards of performance do not
exceed these screening criteria. This ac­
tion, therefore, does not contain a major
proposal requiring preparation of an
Economic Impact Analysis under Execu­
tive Orders 11821 and 11949 and OMB
Circular A-107.
Authority. This notice of proposed
rulemaking is issued under the authority
of sections 111, 114 and 301(a) of the
Clean Air Act, as amended, Pub. L. 91-
604, 84 Stat. (42 U.S.C. 1857C-6, 1857c-
9,1857g(a) ).
Dated: A p ril20,1977.
D ouglas M . C o s t l e ,
Administrator.
It is proposed to amend Part 60 of
Chapter I o f Title 40 of the Code of Fed­
eral Regulations as follows:
1. By adding subpart HH as follows :
Subpart HH— Standards of Performance for Lime
Manufacturing Plants
Sec.
60.340 Applicability and designation of a f­ phere from any rotary lime kiln. The
fected facility.
60.341 Definitions.
60.342 Standard for particulate matter.
60.343 Monitoring o f emissions and opera­
tions.
60.344 Test methods and procedures.
A u t h o r i t y : Secs. I l l and 301(a), Clean provisions of this subpart shall not be
Air Act, as amended by sec. 4 (a) and sec. required to monitor the opacity of the
1 5(c)(2) o f Pub. L. 91-604, 84 Stat. 1683,
1713; 81 Stat. 504 (42 U.S.C. 1857c-6, 1857g gases discharged as required in para­
(a) ; secs. 60.343 and 60.344 also issued under graph (a) of this section, but shall in­
sec. 114 Clean Air Act, as amended by sec. stall, calibrate, maintain, and operate
FEDERAL REGISTER, VOt. 42, NO. 85— TUESDAY, MAY 3, 1977
PROPOSED RULES
4(a) of Pub. L. 91-604, 84 Stat. 1687 (42
U.S.C. 1857c—9).
Subpart HH— Standards of Performance
for Lime Manufacturing Plants
§ 60.340 Applicability and designation
o f affected facility.
The proviisons of this subpart are ap­
plicable to the following affected facili­
ties used in the manufacture of lime:
rotary lime kilns and lime hydrators.
§ 60.341 Definitions.
As used in this subpart, all terms not
defined herein shall have the same
meaning given them in the Act and in
subpart A of this part.
(a) “Lime manufacturing plant” in­
cludes any plant which produces a lime
product from limestone by calcination.
Hydration of the lime product is also
considered to be part of the source.
(b) “Lime product” means the prod­
uct produced by the calcination process
including, but not limited to, calcitic
lime, dolomitic lime, and dead-burned
dolomite.
(c) “ Rotary lime kiln” means a unit
with an inclined rotating drum which
is used to produce a lime product from
limestone by calcination.
(d) “ Lime hydrator” means a unit
used to produce hydrated lime product.
§ 60.342 i Standard fo r particulate mat-'
ter.
(a) On and after the date on which
the performance test required to be con­
ducted by § 60.8 is completed, no owner
or operator subject to the provisions of
this subpart shall cause to be discharged
into the atmosphere:
(1) From any rotary lime kiln any
gases which: (i) Contain particulate
matter in excess of 0.15 kilogram per
megagram of limestone feed; (ii) Exhibit
1 0 percent opacity or greater.
(2) From any lime hydrator any gases
which contain particulate matter in ex­
cess of 0.075 kilogram per megagram of
lime feed.
§ 60.343 Monitoring o f emissions and
operations.
(a) The owner or operator subject to
the provisions of this subpart shall in­
stall, calibrate, maintain, and operate a
continuous monitoring system, except as
provided in paragraph (b) of this sec­
tion, to monitor and record the opacity
of the gases discharged into the atmos­
span of this system shall be set at 40 per­
cent opacity.
(b) The owner or operator of any ro­
tary lime kiln using a wet scrubbing
emission control devise subject to the
22509
the following continuous monitoring de­
vices:
(1) A monitoring device for the con­
tinuous measurement of the pressure loss
o f the gas stream through the scrubber.
The monitoring device must be accurate
within ±250 pascals gauge pressure.
(2) A monitoring device for the con­
tinuous measurement of the scrubbing
liquid supply pressure to the control de­
vice. The monitoring device must be ac­
curate within ± 5 percent of design
scrubbing liquid supply pressure.
(c) The owner or operator of any lime
hydrator using a wet scrubbing emission
control device subject to the provisions
of this subpart shall install, calibrate,
maintain, and operate the following con­
tinuous monitoring devices:
(1) A monitoring device for the con­
tinuous measuring of the scrubbing liq­
uid flow rate. The monitoring device
must be accurate within ± 5 percent of
design scrubbing liquid flow rate.
(2) A monitoring device for the con­
tinuous measuring of the electric cur­
rent, in amperes, used by the scrubber.
The monitoring device must be accurate
within ± 1 0 percent over its normal op­
erating range.
(d) For the purpose of conducting a
performance test under .§ 60.8, the owner
or operator of any lime manufacturing
plant subject to the provisions of this
subpart shall install, calibrate, maintain
and operate a device for measuring the
mass rate of limestone feed to any a f­
fected rotary lime kiln and the mass rate
of lime feed to any affected lime hydra­
tor. The measuring device used must be
accurate to within ± 5 percent of the
mass rate over its operating range.
(e) For the purpose of reports required
under § 60.7(c), periods of excess emis­
sions that shall be reported are defined
as all six-minute periods during which
the average opacity of the plume from
any lime kiln subject to paragraph (a) of
this subpart exceeds 1 0 percent.
§ 60.344 Test methods and procedures.
(a) Reference methods in Appendix A
of this part, except as provided under
§ 60.8(b) shall be used to determine
compliance with § 60.322(a) as follows:
(1) Method 5 for the measurement of
particulate matter,
( 2 ) Method 1 for sample and velocity
traverses,
(3) Method 2 for velocity and volu­
metric flow rate,
(4) Method 3 for gas analysis.
(5) Method 4 for stack gas moisture,
and
( 6 ) Method 9 for visible emissions.
(b) For Method 5, the sampling time
for each run shall be at least 60 minutes
and the sampling rate shall be at least
0.85 dscm/hr (0.53 dscf/min), except
that shorter sampling times, when neces­
sitated by process variables or other fac­
tors, may be approved by the Administra­
tor.
[FR Doc.77-12463 Filed 5-2-77;8:45 am]
22510
ENVIRONMENTAL PROTECTION
AGENCY
[F R L 704-2]
AIR POLLUTION PREVENTION AND
CONTROL
Addition to the List of Categories of
Stationary Sources
Section 111 of the Clean Air Act (42
U.S.C. 1857c-6) directs the Adminis­
trator of the Environmental Protection
Agency to publish, and from time to time
revise, a list of categories of stationary
sources which he determines may con­
tribute significantly to air pollution
which causes or contributes to the en-
dangerment of public health or welfare.
Within 120 days after the inclusion of a
category of stationary sources in such list,
the Administrator is required to propose
regulations establishing standards of
performance for new and modified
sources within such category. A t present
standards of performance for twenty-
four categories have been promulgated.
The Administrator, after evaluating
available information, has determined
that lime manufacturing plants are an
additional category of stationary sources
which meets the above requirements.
The basis for this determination is dis­
cussed in the preamble to the proposed
FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, M AY 3 , 1 977
NOTICES
regulation that is published elsewhere
in this issue o f the F ederal R e g ister .
Evaluation of other stationary source
categories is in progress, and the list will
be revised from time to time as the Ad­
ministrator deems appropriate. Accord­
ingly, notice is given that the Adminis­
trator, pursuant to section 111(b) (1) (A )
of the Act and after consultation with
appropriate advisory committees, ex­
perts, and Federal departments and
agencies in accordance with section 117
( f) of the Act, effective May 3, 1977,
amends the list of categories of station­
ary sources to read as follows:
L is t of C ategories of S t a t io n a r y
S ources and C o rrespo nd ing A ffected
F a c il it ie s
* * * * * *
Source category Affected facilities
31. Lime Manufacturing Rotary lime kilns.
D o ---------------------- Lime hy dra tors.
Proposed standards of performance
applicable to the above source category
appear elsewhere in this issue of the
F ederal R e g iste r .
Dated: April 20,1977.
D ouglas M . C o s t l e ,
Administrator.
|FR Doc.77-12464 Filed 5-2-77; 8:45 am]
 TUESDAY, MAY 3, 1977
P A R T III

FEDERAL
ELECTION
COMMISSION

A D V ISO R Y O PIN IO N
REQUESTS
 NOTICES
FEDERAL ELECTION COMMISSION
[Notice 1977-27, AOR 1977-20]
ADVISORY OPINION REQUESTS
Pursuant to 2 U.S.C. 437f(c) and the
procedures reflected in Part 112 of the
Commission’s regulations, published on
August 25, 1976 (41 P R 35954), Advisory
Opinion Request 1977-20 has been made
public at the Commission. Copies of AOR
1977-20 were made available on April
26, 1977. These copies o f the advisory
opinion request were made available for
public inspection and purchase at the
Federal Election Commission, Public
Records Division, at 1325 K Street, N.W.,
Washington, D.C. 20463.
Interested persons may submit writ­
ten comments on any advisory opinion
request within ten days after the date
the request was made public at the Com­
mission. These comments should be di­
rected to the Office of the General Coun­
sel, Advisory Opinion Section, at the
Commission. Persons requiring addi­
tional time in which to respond to any
advisory opinion requests will normally
FEDERAL REGISTER, VOL. 4 i , NO. 85— TUESDAY, MAY 3, 1977
22513
be granted such time upon written re­
quest to the Commission. All timely
comments received by the Commission
will be considered before the Commis­
sion issues an advisory opinion. Com­
ments on pending requests should refer
to the specific AOR number of the re­
quests and statutory references should
be to the United States Code citations
rather than to the Public Law citations.
A description of the request recently
made public as well as the identification
of the requesting party follows hereafter:
AOR 1977-20: May the Realtors Political
Action Committee utilize a bank escrow
agent for the purpose of dividing contribu­
tions between itself and State political or­
ganizations which are not involved with Fed­
eral elections or Federal candidates? R e­
quested by William R. Magel, Assistant
Treasurer, Realtors Political Action Com­
mittee, Chicago, Illinois.
Dated: April 26,1977.
V e r n o n W. T h o m s o n , -
Chairman for the Federal
Election Commission.
[F R Doc.77-12597 Filed 5-2-77:8:45 am]
 X

i
 TUESDAY, MAY 3, 1977
P A R T IV

DEPARTMENT OF
LABOR
Occupational Safety and
Health Administration

O C C U P A TIO N A L
EXPOSURE T O BENZENE

Emergency Temporary Standards;

Hearing
 22516 RULES AND REGULATIONS
T itle 2 9 — Labor standards now applicable to the mari­ sure to benzene had a significant in­
C H A P T ER X V II— O CCU PA TIO N A L SA FET Y time and construction industries and creased incidence of leukemia.
AN D H EA LTH A D M IN ISTRA TIO N , D E­ currently contained in Subpart B of Part Also in 1974, pursuant to section 22(d)
PA RTM EN T O F LA BO R 1910, and Parts 1915,1916,1917,1918 and of the Act, the Director of NIOSH sub­
PA RT 1 9 1 0 — O CCU PA TIO N A L S A FET Y 1926 of Title 29, Code of Federal Regula­ mitted to the Secretary of Labor a cri­
AN D H EA LTH STAN D ARD S tions. Therefore, those corresponding teria document concerning occupational
standards are superseded by the new exposure to benzene which stated that
Em erg ency Tem porary Stan d ard fo r O ccu ­ standard in § 1910.1028.
pational Exp osu re to B en zen e; N otice “ the possibility that benzene can induce
of H earing
Pursuant to section 6(c) (3) of the Act, leukemia cannot be dismissed.” (3) How­
OS HA will shortly commence a rulemak­ ever, NIOSH recommended retention of
AGENCY : Occupational Safety and ing proceeding under section 6(b) of the the present permissible exposure limit of
Health Administration, Labor. Act. The emergency temporary standard 10 ppm and ceiling concentration of 25
ACTION:Emergency Temporary Stand­ will s$rve as a proposed final rule, along ppm as measured over a 10 minute period
ard; Notice of Hearing. with other proposed requirements which which recommendation was not based on
will be published in the F ederal R eg ister benzene’s potential leukemia hazard.
SUM M ARY: This emergency temporary
pursuant to 29 CFR 1911.12. OSHA will In a letter to the Secretary of Labor,
standard (ETS) is based on the determi­
publish an additional proposal in the dated April 23, 1976, the United Rubber,
nation that clinical and epidemiological
very near future, encompassing those Cork, Linoleum, and Plastic Workers of
data conclusively establish that em­
areas of occupational safety and health America urged that an emergency tem­
ployee exposure to benzene presents a
considered appropriate for the agency’s porary standard regulating occupational
leukemia hazard. Therefore, a grave
permanent regulation of benzene. This ' exposure to benzene be issued (42). The
danger currently exists for workers ex­
document sets a public hearing on the request was denied on May 18, 1976 by
posed to this cancer hazard and it is
permanent benzene standard to begin then Secretary of Labor William J. Usery
necessary to issue an emergency tempo­ July 12, 1977.
rary standard to protect them. By this (43). ,r
The development of a permanent Less than 1 year ago, the National
ETS the Occupational Safety and Health standard will be conducted pursuant to
Administration (OSHA) limits employee Academy o f Sciences, under contract
the rulemaking procedures of section with the United States Environmental
exposure to benzene to 1 part benzene per 6(d) of the Act. The Assistant Secre­
million parts of air (1 ppm ), as an 8 hour Protection Agency, reviewed the litera­
tary’s decisions on the provisions of the ture concerning health effects of benzene
time-weighted average concentration, final standard will be based on the entire
with a ceiling level of 5 ppm for any 15 exposure. (4) The Academy concluded
record developed, including public com­ that benzene must be considered as a
minute period during the 8 hour day. In ments and the informal rulemaking
addition, the ETS requires the measure­ suspect leukemogen.
hearing. In August 1976, NIOSH submitted to
ment of employee exposure, engineering
controls, personal protective equipment e v e n ts lead ing to t h e e m er g ency OSHA an updated criteria document
and clothing, employée training, medical TEMPORARY STANDARD which revised its earlier assessment of
surveillance, work practices, and record­ Benzene has long been recognized as 1974. (5) On the basis of a review of old
keeping. The ETS will be superseded by a a toxin affecting the hematopoietic studies and new data, NIOSH concluded
permanent standard within six months. (blood forming) system, and a cause and that benezene was leukemogenic. This re­
A public hearing on the permanent effect relationship between benzene ex­ port further pointed out that "it is ap­
standard will commence July 12, 1977. posure and observed blood abnormalities parent from the literature that benzene
has been established for man and ani­ leukemia continues to be reported.”
EFFECTIVE DATE: May 21, 1977. NIOSH, therefore, recommended that,
mals during the last 75 years. The evi­
FOR FURTHER INFORM ATIO N CON­ dence indicating a relationship between since no safe level for benzene exposure
TA C T: benzene exposure and leukemia has been could be established “ no worker be ex­
Mr. James Foster, Office of Public A f­ expanding and the international scien­ posed. to benzene in excess of 1 ppm in
fairs, OSHA, Third Street and Con­ tific community has increasingly ac­ air” . Following publication of the up­
stitution Avenue, N.W., Room N-3641, knowledged that worker exposure to dated criteria document, the Director of
Washington, D.C. 20210 (202-523- benzene is associated with an increased NIOSH recommended to the Assistant
8151). risk of leukemia. Data made available by Secretary of Labor, by letter dated Octo­
ber 27, 1976, that OSHA publish an
SUPPLEM ENTARY IN FO RM ATIO N: the National Institute for Occupational emergency temporary standard for ben­
Safety and Health (NIO SH ) in the last
A p p l ic a b il it y of E m e r g e n c y T e m po r a r y few weeks on workers exposed to benzene zene establishing the exposure level at 1
S tandard provide conclusive evidence that benzene ppm. (6) Based on the information sup­
The accompanying document is an is a leukemia causing agent and there­ plied by NIOSH, OSHA issued on Janu-
emergency temporary standard issued fore immediate action to protect workers uary 4, 1977 voluntary “ Guidelines for
pursuant to sections 6(c) and 8(c) is imperative. (7) Control of Occupational Exposure to
of the Occupational Safety and Health T h e present OSHA standard for ben­ Benzene,” recommending that exposure
Act of 1970 (the Act) (84 Stat. 1596, zene, found in 29 CFR 1910.1000, Table to benzene in air not exceed an 8-hour
1599; 29 U.S.C. 655, 657), the Secretary 25—2, was adopted in 1971 under the au- time-weighted average of 1 ppm in any
of Labor’s Order No. 8-76 (41 FR 25059) thority of section 6(a) of the Act from 8-hour shift of a 40 hour week. (44)
and 29 CFR Part 1911. The new stand­ the American National Standards In ­ In January 1977, NIOSH informed
ard, section 1910.1028, applies to all em­ stitute’s (A N S I) Z 37.4-1969 standard. OSHA that workplace environments had
ployments in all industries covered by the That OSHA standard prescribes an 8- been found in St. Mary’s and Akron, Ohio
Act, including “ general industry” , con­ hour time-weighted average of 10 ppm where a sufficient number of employees
struction and maritime. For reasons set with an acceptable ceiling concentration had been exposed to benzene for a num­
out below, this standard does not apply of 25 ppm. In addition, the present ber of years to facilitate an epidemiologi­
to retail automotive service stations or to standard allows excursions above the cal study of health risks. (45) The work­
operations which use liquid mixtures ceiling to a maximum peak concentra­ site was a Pliofilm manufacturing plant
containing 1 percent or less o f benzene; tion not to exceed 50 ppm: Provided, owned by Goodyear Tire and Rubber
however, these exempted operations That such exposure occurs for no more Company. The preliminary conclusions of
are still subject to the requirements con­ than 10 minutes in any 8-hour work the epidemiological study NIOSH con­
tained In the benzene standard at 29 period. Neither the ANSI standard nor ducted o f the pliofilm workers were
CFR 1910.1000. the resultant OSHA standard were based transmitted to OSHA on April 15, 1977.
on the possible leukemia hazard from (7) The NIOSH data demonstrated an
In addition, pursuant to section 4(b) exposure to benzene. incidence of leukemia In workers exposed
(2) o f the Act, OSHA has determined In 1974, Aksoy et al. reported that, to benzene that was at least five times the
that this emergency temporary standard when contrasted with the general popu­ expected incidence. NIOSH concluded
Is more effective than corresponding lation, shoe workers having prior expo­ that:

FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, MAY 3, 1977


T h e re p o r t sh o w s a s t a t is t ic a lly s ig n if ic a n t
in crea se i n th e r is k fo r d e v e lo p in g m y e lo g ­
enous le u k e m ia a m o n g w o rk e rs exp osed t o
benzene. W e h o p e t h is n e w in f o r m a t io n w i l l
be o f a ss is ta n c e to y o u i n re a c h in g a d e c i­
sion o n th e m o s t a p p r o p r ia te r e g u la to ry
action.
In his letter of April 15, 1977, trans­
mitting the report on the Goodyear Plio­
film plant, tiie Director of NIOSH again
urged that an emergency standard be
issued.
REASONS FOR ISSUANCE OF AN EMERGENCY
TEMPORARY STANDARD
The Assistant Secretary finds that ex­
posure to benzene poses a grave danger to
humans. Specifically, human exposure to
benzene can induce chromosomal aberra­
tions, bone marrow damage and destruc­
tion, and other blood dyscrasias. More­
over, the accumulated studies strongly
support t£e conclusion that benzene
causes leukemia in humans. The data
collected by NIOSH and made available
during the past few weeks show that
workers exposed to benzene in an Ohio
pliofilm plant have contracted leukemia
at a rate at least five times the rate ex­
pected in the general population. Because
of the conservative statistical approach
to evaluating these preliminary data,
final results o f this study will certainly
show that the increased risk of develop­
ing leukemia from exposure to benzene
is even greater than five times the nor­
mal incidence of this disease. This new
evidence has been interpreted by NIOSH,
and is found by OSHA, to conclusively
establish that benzene causes leukemia
in humans. This conclusion is supported
by the substantial body of clinical and
epidemiological evidence previously vail-
epidemiological evidence previously
available which suggested the same cas­
ual relationship between benzene ex­
posure and leukemia. In view of the new
evidence the relationship can no longer
be subject to serious question.
The Assistant Secretary concludes,
based on a review of the latest NIOSH
study and recommendations together
with the epidemiological and clinical
studies and other scientific data, that
benzene exposure subjects workers to the
risk of contracting leukemia, a malig­
nant and irreversible disease. T h e best
available scientific evidence indicates
that no safe level for exposure to a car­
cinogen, including benzene, can be es­
tablished or assumed to exist. OSHA has
considered this question of a safe level
in previous rulemaking proceedings (see
preambles to carcinogen standards (39
PR 3758), vinyl chloride standard (39 PR
35892), and coke oven emissions stand­
ard (41 FR 46742)) and has relied on
that considerable body of scientific opin­
ion holding that, when dealing with a
carcinogen, no safe level exists fo r any
given population. For example, the Na­
tional Cancer Institute’s Ad Hoc Com­
mittee on the Evaluation of Low Levels
of Environmental Chemical Carcinogens
(1970) states:
N o le v e l o f e x p o s u re t o a c h e m ic a l c a r c in ­
ogen s h o u ld be c o n s id e re d to x ic o lo g ic a lly I n ­
s ig n ific a n t fo r man. F o r c a r c in o g e n ic agents.
FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, MAY 3, 1977
RULES AND REGULATIONS
a "s a fe le v e l fo r m a n ” c a n n o t b e e s ta b lis h e d
b y a p p lic a t io n o f o u r p re s e n t k n o w le d g e .
(N C I, 1970, p. 1)
And NIOSH has taken the position
that in regulating cancer-causing sub­
stances “ * * * it is not possible at pres­
ent to determine a safe exposure level
for carcinogens.” (Rev. Arsenic Crit.
Doc. 1975.)
Since leukemia is a form of cancer and
exposures generally below 25 ppm have
already induced leukemia, it is not cur­
rently possible to determine whether a
safe level of exposure exists for worker
populations exposed to benzene. There­
fore, the Assistant Secretary has deter­
mined that exposure must be reduced to
the lowest feasible level.
Furthermore, during the period of
time for normal rulemaking, workers
would continue to be exposed to levels
higher than those that may be achieved
by this ETS.
In conclusion, the Assistant Secretary
determines that exposure of employees
to a cancer-causing substance in the
workplace environment is a “ grave dan­
ger” within the meaning of section 6(c)
(1) (A ) of the Act. The proposition that
cancer, and substances that cause can­
cer, pose a grave danger to man does not
need lengthy discussion. The nature of
a cancer hazard differs from other types
of toxicity. Employees exposed to carcin­
ogens risk incurable, irreversible and, in
most cases, fatal consequences. These
consequences may be irreversibly set in
time. No symptomatic evidence of the
development of the cancer may be ap­
parent to the employee during a long
latency period. A single exposure episode
may be sufficient to cause cancer. These
factors, which establish the grave danger
posed by exposure to carcinogens, also
lead inexorably to the conclusion that it
is necessary to provide immediate pro­
tection for employees through the issu­
ance of an emergency temporary stand­
ard, within the meaning of section 6(c)
(1) (B ) of the Act.
The existing 10 ppm standard, adopted
from the AN SI national consensus
standard, was based largely on benzene’s
general toxicity rather than on the leu­
kemia hazard and, therefore, does not,
within the meaning of section 6(b) (8)
of the Act, provide the protection now
shown to be necessary. The Assistant
Secretary finds that this emergency tem­
porary standard better effectuates the
purposes of the Act than the National
consensus standard.
BACKGROUND AND DISCUSSION OF EARLIER
DATA
Benzene (C6H6) is a clear, colorless,
non-corrosive, highly flammable liquid
with a strong, rather pleasant odor. Ben­
zene’s low boiling point and high vapor
pressure cause it to evaporate rapidly
under ordinary atmospheric conditions,
giving off vapors nearly three times
heavier than air.
Benzene is produced primarily by the
petrochemical and petroleum refining in­
dustries by the process called catalytic
reformation, which converts certain
lower octane hydrocarbons info higher
22517
octane aromatics. The two industries are
responsible for 94 percent of the total
U.S. production of benzene. Recovery
through catalytic reformation, including
the benzene formed from the hydrodeal­
kylation of toluene, accounts for almost
80 percent of the total quantity produced.
Recovery of coal-derived benzene, pri­
marily as a by-product of the coking
process in steel mills, was once the major
source of benzene. Today, however, it
accounts for only 6 percent of the total
U.S. production.
The production of benzene is rapidly
expanding with approximately 11 billion
pounds produced in 1976. Only eleven
other chemicals and only one other hy­
drocarbon (ethylene) are produced in
greater tonnage in the U.S. Approxi­
mately 86 percent of this benzene is used
chieflly as an intermediate in the produc­
tion of other organic chemicals, includ­
ing styrene, phenol, and cyclohexane.
The remaining amount is used primarily
in the manufacture of detergents, pesti­
cides, solvents and paint removers. Ben­
zene is also present as a component of
motor fuels, averaging less than 2 per­
cent in gasoline.
The first major industrial use of ben­
zene, however, was as a solvent in the
rubber industry just preceding World
W ar L During World W ar I, benzene
production was stimulated greatly by the
demand for and resulting production of
toluene in the manufacture of explosives.
The large quantities of benzene which
were produced resulted in its more wide­
spread use as a starting point for the
manufacture of various organic com­
pounds. This situation led to greatly in­
creased uses of benzene as a solvent in
the artificial leather, rubber goods, and
rotogravure industries, and as a start­
ing material in organic synthesis.
Industries and processes currently
using benzene include the chemical,
printing, lithograph, rubber cements,
rubber fabricating, paint, varnish, stain
removers, adhesives, and petroleum in­
dustries. Benzene is also used extensively
in chemical laboratories as a solvent and
as a reactant in numerous chemical ap­
plications. Where benzene is produced
and used in large amounts, it is generally
used in enclosed systems, although ex­
posures can occur during liquid transfer
operations, from equipment leakage and
carryover losses, and in maintenance op­
erations.
A. Toxic effects. Benzene has been rec­
ognized as a toxic substance capable of
causing acute or chronic effects since
1900. Inhalation is the primary route of
entry of benzene in the worker . Benzene
diffuses rapidly through the lungs and is
quickly absorbed into the blood. The rate
of absorption is greatest during the first
five minutes and thereafter declines sig­
nificantly. Benzene saturation of the cir­
culating blood may reach as high as 70-
80 percent of the air content of benzene
within the first 30 minutes. Relatively
complete saturation of the blood may not
be attained for two to three days.
Though the available literature sug­
gests that benzene is not readily absorbed
through the human skin, appreciable
 22518
quantities of benzene could be absorbed
in the case of injured skin. Moreover,
absorption of benzene by the skin may be
significantly accelerated when benzene is
present in a mixture or as a contaminant
in solvents known to be readily absorbed,
such as toluene and xylene. (48)
The benzene absorbed by the circu­
lating blood is distributed throughout the
body where, because o f its liposolubility,
it tends to accumulate in various body
organs in proportion to their fa t content.
Upon removal from benzene exposure,
the concentration of benzene in the ex­
pired breath follows an exponential de­
cay curve, reflecting removal of benzene
from various body compartments. Elimi­
nation via this route has been estimated
to range from 12 to 50 percent o f the total
amount o f benzene absorbed in humans.
A fraction of the absorbed benzene is
eliminated in an unchanged form, pri­
marily in the expired air and, to a mini­
mal extent, in the urine. The remainder
of the absorbed benzene is metabolized by
enzymes contained in the liver and ulti­
mately to derivatives which are more wa­
ter soluble thereby facilitating their
removal by the kidneys. A first interme­
diate in the biotransformation of ben­
zene is believed to be benzene epoxide, a
highly reactive intermediate and one of
several candidates suggested as the ac­
tive agent responsible for benzene’s mye­
lotoxic effects. Phenol, and to a lesser
extent, hydroquinone, pyrcatechol, and
phenyl-mercapturic acid are the primary
metabolites of benzene found in urine.
B. Acute effects. Exposures to high
concentrations of benzene produce an al­
most immediate effect upon the central
nervous system. Benzene concentrations
of about 20,000 ppm are fatal within
minutes, with death occurring from
acute circulatory failure or coma, with or
without convulsions. Milder exposures
produce a period of nervous excitation,
euphoria, headache and nausea, followed
by a period of depression which can re­
sult in cardiovascular collapse and/or un­
consciousness. The occurrence of non­
specific nervous disturbance as an after­
effect o f acute exposures is dependent on
duration of unconsciousness and/or
severity of circulatory failure. Breath­
lessness, nervous irritability, and un­
steadiness in walking have been observed
to persist for a period of several weeks.
Inhalation of still lower concentrations
(250-500 ppm) yields signs and symp­
toms of mild poisoning, characterized by
vertigo, drowsiness, headache, and nau­
sea. Rapid recovery from these symptoms
usually occurs following cessation of
exposure.
Direct contact with the liquid m a y '
cause erythema and blistering. Prolonged
or repeated skin contact, even with small
quantities o f benzene, has been associ­
ated with the development of a dry,
scaly dermatitis or with secondary in­
fections.
C. Chronic effects. Benzene exerts a
primary toxic effect in the bone marrow,
the major blood forming organ. Long­
term exposures to low concentrations of
benzene have been observed to have an
initial stimulatory effect on the blood-
FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, MAY 3, 1977
RULES AND REGULATIONS
forming tissues (bone marrow) followed cluded that exposure to benzene under
by aplasia (no cell production) and fatty varying conditions produced diverse re­
degeneration. Clinically an initial in­ actions and that individual variation
crease, then decrease, in tide red blood was of great importance.
cells, white blood cells, or platelets, is In 1948, Hardy and Elkins investigated
seen, with progression if exposures are an artificial leather plant in Massachu­
continued, to aplastic anemia (lack of setts in which a man who had been em­
functioning o f bone marrow), leucope- ployed as a coating machine operator for
nia (decrease in leucocytes which are 12 years died of what was diagnosed as
white blood cells), thrombocytopenia benzene poisoning.(10) The subject had
(decrease in platelets), or pancytopenia worked as a coating machine operator in
(decrease in all cells in the peripheral other locations for 18 years. Fifty-two
blood). Secondary effects of thrombocy­ workers were still employed in the
topenia include coagulation disturbances, leather plant. Benzene concentrations
characterized by increased bleeding time, ranged from 40 to 80 ppm with an aver­
poor clot retraction, and increased sus­ age concentration of 60 ppm. Blood stud­
ceptibility to hemorrhaging. This clinical ies, performed upon all 52 employees,
picture of chronic benzene poisoning may showed abnormalities in more than one
exist with or without the physical signs blood, component in sixteen of the em­
or symptoms of fatigue, vertigo, head­ ployees. Abnormalities were observed in
ache or excessive bleeding. hemoglobin, RBC, and WBC counts.
The following studies are representa­ There was a wide variation among sub­
tive, although by no means all inclusive, jects as to the particular component af­
of the published literature on the chronic fected. Six of the 16 employees with
effects in humans of benzene exposure. blood abnormalities worked in the same
These studies do however illustrate the coating room as the deceased man. De­
diversity and variability of effects which spite this evidence of blood abnormali­
dominate the literature on chronic ben­ ties from the laboratory tests, none Of
zene exposure. the physical examinations revealed any
1. Blood dyscrasias. Greenburg andclinical signs or symptoms of overexpo­
coworkers’ investigation in 1939 of 332 sure to benzene.
pressmen in three rotogravure printing In an epidemiological investigation,
plants was one of the earliest, compre­ Aksoy et al compared the hematological
hensive studies of benzene poisoning.(8) findings of 100 healthy male subjects
In addition to physical examinations, in­ (controls) with those of 217 apparently
cluding medical and occupational histo­ healthy males, 95 percent of whom
ries and laboratory tests, workplace air worked with solvents containing ben­
samples and chemical analysis of ink sol­ zene in small shoe shops. (11) The shops
vents and thinners were performed in an were considered unhygienic and poorly
attempt to provide a correlation with ventilated. The concentration of benzene
medical, findings. Air samples (48) re­ . in the working environment ranged from
vealed benzene concentrations ranging 15 to 30 ppm during non-working hours
from 11 ppm to 1060 ppm for 3 plants. to 210 ppm when adhesives containing
Five workers with the most severe benzene were being used. The duration
benzene poisoning expressed no subjec­ of employee exposures ranged from 3
tive complaints and physical examina­ months to 17 years. In 51 (23.5 percent)
tion revealed negative findings. The signs of the 217 employees, hematological ab­
of “ poisoning” included a reduction in normalities were /found consisting of
the number of erythrocytes, leucocytes leucopenia (9.7 percent), thrombocyto­
and platelets. penia (1.84 percent), leucopenia asso­
Greenburg stated that: “ These find­ ciated with thromobocytopenia (4.6 per­
ings illustrate the well-known fact that cent) and pancytopenia (2.7 percent).
the effects of benzene may be persistent In addition, relative to controls, benzene-
and also suggest that even before blood exposed workers demonstrated a signifi­
changes are apparent, processes may cant reduction in mean white cell counts
have been initiated that will continue to and mean platelet counts. The propor­
develop even after exposure to benzene tion of benzene-exposed workers diag­
has ceased.” The authors also reported nosed with anemia was increased when
that individuals varied greatly in sus­ compared to controls; however the pres­
ceptibility although data on personal ence of iron-deficiency anemia could not
monitoring were not available. be ruled out.
In the same year, Mallory et al. re­ In French survey of 45 fatal cases of
ported post-mortem findings in 19 case benzene induced diseases of the blood,
studies of workers with a history of covering the years 1947 to 1962, 23 were
chronic exposure to benzene. (9) Expo­ diagnosed as leukemia and 22 were at­
sures varied from 6 months to 12 years, tributed to aplastic anemia. O f the latter
but no exposure levels were avail­ cases, one patient was afflicted after only
able. The-authors indicated that sig­ 2 years exposure to benzene with the re­
nificant changes were found regu­ mainder having an average exposure of
larly throughout the entire hemato­ 16 years. (13) The authors also reported
poietic system including bone marrow, that in the cases of aplastic anemia, the
liver, spleen and lymph nodes. O f evolution of the illness was lengthy. A
the 19 case studies, six exhibited hy­ similar observation was also reported by
poplasia of the bone marrow (decreased Vigliani and Fom i (1969). (14) O f 32 fa­
bone marrow function), whereas nine tal cases of chronic benzene poisoning
cases showed hyperplasia (overactivity seen in the provinces of Milan and Pavia,
of the bone marrow), and two were di­ 18 were due to leukemia and 14 due to ap­
agnosed as leukemia. The authors con­ lastic anemia. These authors noted that
 RULES AND REGULATIONS 22519

Increases in chromosomal aberrations ‘ L e u k e m ia m a y t e s t b e c o n s id e re d as a n e o ­

aplastic anemia usually occurs in pa­
tients while they are still being exposed in subjects suffering from benzene hemo- pislaso
s m (c a n c e r) o f th e w h ite b lo o d c e lls a n d
c la s s ifie d i n th e “ I n t e r n a t io n a l L is t s o f
to high concentrations of benzene. In a pathy were investigated by Pollini and C a u se s o f D e a th .” I t is c h a r a c te r iz e d c h ie fly
later study, Vigliani reported that Colombi and by Forni and Moreo. (17), b y : ¡th e a p p e a ra n c e o f a b n o rm a l, im m a t u r e
among 59 surviving workers with ben­ (18),(19) w h ite c e lls i n th e c ir c u la t in g b lo o d ; d iffu s e
zene-related aplastic anemia, 11 later Fom i et. al. examined chromosomal a n d a lm o s t t o t a l re p la c e m e n t o f th e b o n e
died from acute leukemia. The author changes and their evolution in 25 indi­ m a rro w w it h th e le u k e m ic c e lls; a n d w id e ­
also reported that he had knowledge of viduals who had suffered bone marrow sp re a d in f ilt r a t e s o f t h e liv e r , s p le e n a n d
at least 150 cases of leukemia attributed impairment of varying severity. 1-18 o th e r tissu e s, a n a lo g o u s t o m e ta s ta tic d is e m ­
to benzene in Italy alone. (49) years previously, as a result of exposure in a t io n o f s o lid tis s u e c a n ce r. (24)
Pancytopenia has been equated with to benzene. (20) Hematologic examina­ The recent epidemiological study of
aplastic anemia, although strictly defined tions performed at the time of the cyto­ Infante et al., (51) demonstrating a five­
aplastic anemia is characterized by pan­ genetic study, but subsequent to cessa­ fold increased risk of total leukemia and
cytopenia and accompanied by a fatty tion of exposure and recovery from ben­ a ten-fold increased risk o f mylomonocy-
displacement of the bone marrow. In zene hemopathy, indicated normal blood tic leukemia among Pliofilm workers ex­
1 9 7 6 , Vigliani and Fom i stated: values. However, both stable and un­ posed to benzene, is supported by numer­
stable chromosomal changes were still ous case reports in the scientific and
I n th e p a s t tw o decades, t h e case re c o rd s present. The authors noted that “ This medical literature over the past several
of p a tie n ts w it h a c u te o r s u b a c u te le u k e m ia ,
u s u a ly w it h le u k o p e n ia a t so m e s ta te o f th e
finding (persistence of chromosomal years concerning benzene related leu­
illn ess, h a v e b eco m e so n u m e ro u s t h a t th e y aberrations) is similar to that reported kemia, predominantly t)f the mylogenous
exceed th o s e o f a c u te p a n c y to p e n ia . T h is in individuals with past exposure to ion­ type.
fin d in g le d u s t o s u s p e c t t h a t m a n y cases izing radiations, both therapeutic and A t the outset it should be noted that,
th a t w ere c o n s id e re d as a c u te p a n c y to p e n ia accidental, and suggests that long-lived prior to the development of the Infante
in th e p a st, p r io r to th e in t r o d u c t io n o f b o n e lymphocytes might maintain chromo­ et al. data conclusively showing the link­
m arro w b io p s y , m a y i n f a c t h a v e b e e n e x ­ some damage even for years” .
am ples o f a c u te h e m o c y to b la s tic le u k e m ia
age between benzene exposure and the
Chromosomal, changes in individuals development of fatal leukemia in work­
leu co p en io a n d a le u k e m ic , o r w it h fe w m i-
c ro h e m o c y to b la s ts i n th e c ir c u la t in g b lo o d ,
either no longer exposed to benzene, or ers, many had argued that any substance
p ossib ly m is ta k e n f o r ly m p h o c y te s . (15) exposed intermittently to low levels, and capable of inducing bone marrow depres­
who show no hemotological disorders, sion or other blood abnormalities should
Unsuccessful at inducing chronic poi­ have also been investigated. After ex­ be treated as a potential leukemogen.
soning through inhalation of vapors, amination of three groups of factory em­
For example, Cronkite stated over twenty
Sellings in 1916 produced leukopenia in ployees who displayed no toxic symp­ years ago that:
rabbits through subcutaneous injections toms, Tough et al reported that two of
of commercially pure benzol with olive these groups exposed on the average of T h e h e a r t o f th e p r o b le m i n t h e in d u c t io n
oil. (12) Selling’s findings demonstrated 8 and 15 years, respectively, to similar o f le u k e m ia b y in d u s t r ia l h a z a rd s re s ts u p o n
q u a n t it a t io n o f th e a g e n t a n d th e y ie ld o f
a constant, well defined aplasia of the working environments containing be­ le u k e m ia . T w o a g e n ts u s e d i n in d u s t r y h a v e
bone marrow, characterized by the com­ tween 25 to 150 ppm benzene, showed a b e e n c o rre la te d , w it h a n in c re a s e d in c id e n c e
plete disappearance of leukocytes in the significant increase of structural chro­ o f le u k e m ia i n h u m a n b e in g s. T h e fir s t, io n ­
peripheral blood. He noted that although mosomal aberrations in lymphocytes iz in g r a d ia tio n , is u n q u e s tio n a b ly a b le to i n ­
both the myeloid and lymphoid tissues over the general population. (21) The crease th e in c id e n c e o f le u k e m ia . T h e se c o n d
are vulnerable, that myeloid tissue is in­ third group of workers from a different ag e n t, b e n z o l, p r o b a b ly c a n p ro d u c e a n i n ­
jured to a greater extent. kind of factory and exposed to approxi­ creased in c id e n c e o f le u k e m ia , b u t t h e d a ta
Deichman et al (1963) published re­ mately 12 ppm for an average of 13 years are n o t as g oo d as f o r th e fo rm e r. F ir s t , th e
fin g e r o f s u s p ic io n m u s t be p o in te d a t a n y
sults of animal studies which also in­ sh ow »! a frequency of chromosome ab­ a g e n t w h ic h is a b le to p ro d u c e a n a p la s ia o f
dicated the great toxicity of benzene va­ errations not significantly different from th e b o n e m a rro w , a s s u m in g i t w i l l p r o b a b ly
pors for hematopoietic' tissue. (16) Eight those found in the general population. b e a b le to p ro d u c e le u k e m ia also . Se co n d ,
groups of rats, consisting of 40 animals Tough et al suggested that their find­ th e r e is n o re a so n t o d o u b t t h a t a n y a g e n t
per group, were exposed to benzene va­ ings may indicate that an interplay be­ w h ic h w i l l p ro d u c e a c a n c e r e lse w h ere i n th e
pors at average concentrations of 831, tween the age of workers and exposure b o d y w ill n o t be a b le to p ro d u c e le u k e m ia i f
65, 61, 47, 44, 31, 29, and 15 ppm respec­ to benzene is responsible for the observed th e o ffe n d in g a g e n t is tra n s p o rte d t o th e
h e m o p o ie tic tissu e s. (25)
tively. The duration of exposure was for effects.
5 hours per day, 4 days per week, for Induction of chromosomal damage in And, as the National Academy of Sci­
periods ranging from 5 weeks to 7 rabbit lymphocytes by subcutaneous in­ ences pointed out in its report of June
months. Exposures to the three highest jection of benzene has been reported by 1976:
concentrations resulted in a significant Kissling and Speck. (22) During the B e n z e n e fit s in th e fo r m e r c a te g o ry b e ­
leukopenia after 14 weeks. A moderate, phase of peripheral pancytopenia the cau se i t is w e ll d o c u m e n te d t h a t i t p ro d u c e s
but definite, leukopenia occurred in the frequency of mitotic figures showing ab­ a p la s ia o f th e b o n e m a r r o w .(4)
rats exposed to 47 and 44 ppm after 5 errations (mostly gaps and breaks) in­
to 8 weeks of exposure. Exposures to creased from an initial value of 6 per­ And as Williams et al. notes:
three lowest benzene concentrations for cent to 58 percent after an average of 18 A n y c h e m ic a l c a p a b le o f p r o d u c in g m y e lo ­
periods of 4, 3, and 7 months, respec­ weeks. Two months later, after the dis­ t o x ic it y m u s t b e re g a rd e d as a p o t e n t ia l
tively, induced no demonstrable changes continuance of benzene treatment, visible le u k e m o g e n , i f th e fin d in g s i n r a d ia t io n — i n ­
d u c e d le u k e m ia a p p ly w h ic h in d ic a t e t h a t
in the numbers of leucoytes. chromosomal damage was' still observed c e ll d a m a g e w it h d e p re ssio n o f m a rro w f u n c ­
2. Chromosomal aberrations. The de­in 36 percent of the mitotic cells. Also t io n m a y p ro d u c e a lte r a tio n s le a d in g to th e
velopment of various chromosomal aber­ Philip and Jensen in a preliminary report tr a n s fo r m a t io n o f d a m a g e d c e lls in t o n e o ­
rations in peripheral leukocytes and bone demonstrated that a single subcutaneous p la s t ic ones. T h e o n ly c h e m ic a l w h ic h h a s
marrow cells has also been attributed to injection of benzene (dose: 2.0 ml ben- b e e n c le a r ly id e n t ifie d as o n e w h ic h -in c re a s e s
benzene exposures. Several investiga­ zene/kg body weight) administered to th e in c id e n c e o f m y e lo id le u k e m ia s in m a n
tors characterized these aberrations as rats is capable of increasing the fraction is b e n z e n e in r a t h e r h e a v y o c c u p a t io n a l e x ­
p o su re . (26)
both unstable chromosome changes (i.e. o f marrow cells which exhibit chromo­
including fragments, dicentric, tricentric somal abnormalities. (23) The relationship, between benzene ex­
and ring chromosomes) or stable chro­ 3. Leukemia. As pointed out, benzeneposure and leukemia in humans in the
mosomal changes (Le. deletions, trans­ presents a considerable range of health past has resulted in large part from
locations, inversions, and trisomies). risks to the working population. These clinical observation and to a lesser de­
These types of chromosomal aberrations include the threat of developing a form gree from epidemiological studies. The
also occur as the result of exposure to of cancer known as leukemia, a fatal and clinical evidence of leukemia has been
ionizing radiation, which is known to irreversible disease. Robbins defines leu­ obtained either from a survey of medical
induce leukemia. kemia by stating: records primarily in various European

FEDERAL REGISTER, V&L. 42, NO. 85— -TUESDAY, MAY 3, 1977

 22520 RULES AND REGULATIONS
clinics, or from a -canvass of the pub­ tologic shifts ranging from anemia or Based on the hypothesis that the risk
lished literature reporting case histories leucopenia to aplastic anemia and of leukemia was higher among workers
of individuals diagnosed with leukemia. spanning a period of 2 to 10 years. O f who were exposed to benzene and medi­
In lieu of quantitative, individual ex­ the 10 chronic cases reported, none of cal x-rays, Xshimaru et al. conducted a
posure data, subjective evaluations of the patients had hemocytopenic changes retrospective epidemiological investiga­
intensity of exposure, have been utilized. prior to the onset of leukemia. tion examining the relationship between
The epidemiological evidence has been Aksoy et al. reported the deaths, due to occupations and environmental factors,
derived from either the determination of leukemia, of four Turkish shoemakers other than A-bomb exposure, and the in­
the frequency of chronic benzene ex­ resulting from their exposure to benzene cidence of leukemia in Nagasaki and Hir­
posure among cases of leukemia or from for periods ranging from 6 to 14 years.
oshima between 1945 and 1967. (33)
the determination of frequency of, or (29) A t the time of the study, air con­
mortality from, leukemia among employ­ centrations were found to be between This case control study compared aU
ees of work shops that utilize benzene. 150-210 ppm of benzene. Previous oc­ cases diagnosed as definite or probable
In other words, in the first method the cupational exposure data was not pro­ leukemias between 1945-and 1967 and re­
leukemia is the constant factor of all vided. Two of the four patients devel­ siding, at the time of the onset o f the dis­
case studies and the benzene exposure oped acute leukemia approximately two ease, in Hiroshima or Nagasaki. Con­
is the variable; while the second method and three years after the occufrence of trols were matched for city, sex, date of
is the reverse, that is, the benzene ex­ aplastic anemia although the other birth (±30 months), distance from the
posure is the constant factor while leu­ two did not. atomic bomb explosion, and alive and re­
kemia is the variable. siding in either city at the time of the
Adding 8 new cases of leukemia as­ onset of the disease in the patient. Four
Vigliani and Saita, in their review sociated with exposure to benzene to 26 hundred ninety-two leukemia cases were
of 47 individuals suffering from benzene previously found, between the years identified, but matched controls could
hemopathy between the period of 1942 1967 and 1973, Aksoy et al. observed only be obtained for 413.. Fifteen occupa­
and 1963, presented clinical and labora­ that with the exception of one case of tions were selected in which there had
tory accounts of six cases, all o f whom chronic myeloid leukemia, all had been exposure to either medical x-rays or
were diagnosed as having haemocyto- various forms of acute leukemia. (30) A solvents especially benzene and its deriv­
blastic leukemia. (27) The period of ex­ preceding period o f pancytopenia was atives. Three hundred and three adult
posures o f these individuals to either reported present in almost 25 percent of cases with the onset of leukemia at age 15
resins, inks, varnishes, or glues contain­ the cases, and the interval between the years or over and their controls were
ing varying concentrations of benzene pancytopenic period and the onset of compared. Eleven of the 15 occupations
ranged up to 19 years. Data on the con­ leukemia varied from 6 months to 6 were selected based on whether there had
centrations of benzepe in the workplace years. Often the clinical findings and been a history of such occupations by
environment, with one exception (190- blood picture improved considerably be­ either the leukemia cases or the controls.
660 ppm) were not available. Although fore leukemia was diagnosed. During an Considered as a group, the risk of leuke­
information on previous occupational 8 year period of observation, the inci­ mia was found to be significantly higher
histories or medical status prior to the dence o f leukemia among shoe-workers (about 2.5 times greater) among those
final diagnoses were also not available, chronically exposed to benzene was with a history of such occupations in
the authors stated that “ attribution of calculated to be more than twice that which various volatile solvents were used
the cases (o f leukemia cited) to the ex­ experienced by the general population as compared with those without. The
posure cannot be doubted.” During the (13.5/100,000 vs. 6/100,000) . relative risk was 1.8 times higher for
years 1962-1963, when there was sharp Browning tabulated from published chronic leukemia and 2.9 times higher
rise in the incidence of leukemia among studies 61 cases of leukemia among for acute. Eighteen of the leukemia cases
workers exposed to benzene which coin­ workers exposed to benzene at various associated with solvents were located in
cided with an increase in number of concentrations. (31) The majority of distant and non-exposed radiation areas
benzene poisoning cases for this period, cases were of the myeloid series. Brown­ and were considered too far from the A-
the risk of acute leukemia was estimated ing noted that “ benezene leukemia Is bomb explosion for radiation to have en­
to be about 20 times greater than the frequently superimposed on a condition hanced the increased risk. Accepting the
risk for the general adult population. o f aplastic anemia, but can develop with- source of error inherent in the method
Twelve years following the Vigliani ~out a preceding peripheral blood picture which was used to collect the data, the
and Saita study. Vigliani and Fom i ob­ characteristic o f bone marrow aplasia.” results of this study nonetheless rein­
served that in the rotogravure industry, She also noted that the transition from force the observation that an increase
no new cases of aplastic anemia nor of aplastic anemia to leukemia was not un­ in leukemia existed in that portion of
leukemia were found among workers ex ­ known in the ideopathic forms of leu­ the population exposed to radiation and
posed solely to toluene after this solvent kemias. employed in an occupation where sol­
was substituted for benzene in 1964. DeGowin (32) and others (Vigliani & vents were used, especially benzene or
(15) However, these authors noted in Saita, Tareff, Aksoy etc.) observed that where exposure to medical x-ray
1974 that cases of benzene-induced leu­ the development o f acute leukemia in occurred.
kemia with long latency periods may some individual cases was preceded by a Thorpe, then Associate Medical Direc­
still be occasionally observed. (50) These latency period o f up to 15 years following tor for the Exxon Corporation, on the
investigators also observed that workers cessation ,of exposure to benzene. Some other hand, reported that the incidence
exposed to toluene did not exhibit chro­ of the cases underwent what was con­ of leukemia among a population of 38,000
mosomal aberrations, a finding seen in sidered to be a preleukemic period, which workers exposed to low levels of benzene
employees who work with benzene. was characterized by leucopenia, anemia, over a ten year period (1962-1972) was
Sixteen (16) cases of various forms of thrombocytopenia, aplastic anemia, pan­ not significantly different when com­
leukemia developing from long term cytopenia or a combination thereof. pared with the general population. (34)
exposure to benzene were reported by Other cases developed leukemia without This study has been severely criti­
Tareef et al. (28) The duration of ex­ any evidence o f anemia. According to cized by Brown for its relaxed case-find­
posure ranged between 4 and 27 years. Vigliani and Saita, the time delay “ does ing techniques and the methods of anal­
However, no exposure concentrations not permit us to attribute the disease to yses. (35) Thus, the conclusions derived
were reported. In contrast to data pre­ the persistence of benzene in the bone from this study must be viewed in the
viously reported in Italy and Turkey, marrow” . (27) They suggested, however, light of serious methodological problems
the authors found evidence of chronic that “on the basis o f the initiation-pro­ which were encountered in the collection
leukemia. Acute leukemia accounted for motion theory of the induction of neo­ and treatment of the data. These prob­
only 6 of the 16 cases. Three of the six lems, which were also acknowledged by
plasms, we might regard benzene as an
acute leukemias were diagnosed at 2, 4 Thorpe, included: (1) the low incidence
and 5 years following cessation of ben­ initiator o f the leukemia process, but we of leukemia in the general population;
zene exposure. Four o f the acute cases have no suggestion o f a possible pro­ (2) the validity of the diagnoses o f leu­
underwent a definite period of hema- moter.” kemia, (3) the quantitative determina-

FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, MAY 3, 1977


tions of the extent of exposures, (4) an
inadequate follow-up of annuitants and
(5) incomplete occupational histories on
individuals diagnosed as having leuke­
mia.
Infante et al. recently reported the
results of an ongoing epidemiologic study
among workers exposed to benzene dur­
ing the manufacture o f Pliofilm, a proc­
ess unconfounded with mixed solvent ex­
posures. (51) Although follow-up is less
than 75% completed, the results already
demonstrate a statistically significant
excess of leukemia in benzene exposed
workers as compared with the expecta­
tions based on the U.S. white male popu­
lation or on a second population em­
ployed at an industry in the same state
over the same period o f time. Among
benzene exposed workers, a five-fold
excess o f total leukemia and a 10-fold
excess o f myelomonocytic leukemias
were demonstrated even under condi­
tions leading to an underestimate of the
true leukemia risk. Those conditions
were the treatment and the analyses of
individuals whose vital status was un­
known—they were assumed to be alive
until the last day of the study period.
Note was made o f the consistency of the
types of leukemia in this study popula­
tion (myelogenous and monocytic) with
earlier case reports by Vigliani o f work­
ers who had died from benzene related
leukemia in Italy.
The wide variety of clinical manifes­
tations and hematological disorders ob­
served in humans exposed to benzene,
which range from simple anemia and
leukopenia to aplastic anemia have been
experimentally induced in animals.
However, attempts to demonstrate the
development of leukemia in animals ex­
posed to benzene has met with less suc­
cess. To date, a study by Lignac in 1932
is the only animal study known to OSHA
in which leukemia has been observed in
animals exposed to benzene. (38) Fifty-
four mice (28 females, 26 males) were
given subcutaneous injections of benzene
(0.001 ml in 0.1 ml of olive oil) for 17
to 21 weeks. Nine mice were initially ex­
cluded following bacteriological exami­
nation and an additional 12 were lost
through atrophy of various organs, es­
pecially the spleen. Lignac attributed
these deaths to the size of the dose of
benzene based upon the findings o f a
preceding experiment. Eight of the re­
maining 44 mice developed leukemia or
Kundrat’s lymphosarcoma and died 4 to
11 months after receiving the first injec­
tion. The absence of concurrent controls
makes interpretation of the results diffi­
cult, and uncertainties as to the strain of
the mice studied has frustrated efforts to
independently confirm the findings.
More recent studies have failed to pro­
duce Lignac’s results. Ainiel in 1960 uti­
lized four inbred strains o f mice and sub­
jected them to the same experimental
program outlined in Lignac’s study.
(39) No leukemic or aplastic hemo-
pathies were observed. More recently,
Ward et al. administered benzene sub­
cutaneously to a species and strain of
mice which is responsive to leukeinbgenic
agents. (40) Although they observed a
FEDERAI REGISTER, VOL. 42 , NO. 85— TUESDAY, MAY 3 , 1977
RULES AND REGULATIONS 22521
slight increase in the percentage of B. Permissible exposure limit. The
granulocytic leukemias in the benzene- standard has separate permissible
treated mice as compared with the con­ limits for airborne exposure and for eye
trols, the authors viewed the increase as and dermal exposures.
not statistically significant. (1) Airborne exposure limits. Con­
siderable scientific opinion supports the
SUMMARY AND EXPLANATION OF THE
regulatory policy for carcinogens that
STANDARD
no safe level exists fo r any exposed
The requirements o f the emergency population. For example, the National
temporary standard are those which Cancer Institute’s Ad Hoc Committee on
OSHA considers essential and feasible the Evaluation of Low Levels of En­
to protect employees from the grave vironmental Chemical Carcinogens
danger resulting from benzene exposure (1970) stated:
until a permanent standard can be pro­ N o le v e l o f e x p o su re to a c h e m ic a l c a r c in o ­
mulgated in accordance with sections g en s h o u ld b e c o n s id e re d t o x ic o lo g ic a liy
6 (b) and (c) o f the Act. The following in s ig n if ic a n t fo r m a n . F o r c a r c in o g e n ic
section discusses the significant provi­ ag e n ts, a “ sa fe le v e l f o r m a n ” c a n n o t b e es­
sions of the emergency temporary stand­ ta b lis h e d b y a p p lic a t io n o f o u r p re s e n t
ard for benzene and the necessity for in­ k n o w le d g e . (N C I, 1970, p . 1).
cluding these provisions in the ETS. Furthermore, NIOSH has stated that,
A. Scope and application. The emer­“ it is not possible at the present time to
gency temporary standard applies to establish an exposure level at which
all employers and all establishments in benzene may be regarded to be without
which benzene is present, except for two danger,” a position which it has con-,
general groups. The ETS does not apply sistently taken with regard to other
to retail automotive service stations. I t ’s carcinogens.
estimated that there are presently more This regulatory policy is consistent
than 200,000 such service stations in the with previous OSHA actions to control
country. Further, the limited evidence employee exposure to carcinogens; see,
presently available suggests that em­ e.g. the preambles to the carcinogen
ployee exposures during gas dispensing standards, 29 CFR 1910.1003 et seq. (39
operations are generally below 1 ppm. F R 3758); the vinyl chloride standard,
In light of these facts, and the relatively 29 CFR 1910.1017 (39 FR 35892) and the
short duration of the ETS, it has been coke oven emissions standard, 29 CFR
determined that exclusion of such serv­ 1910.1029 (41 FR 46742). Thus, the level
ice stations from the ETS would be ap­ of 1 ppm has been chosen, not as a “ safe”
propriate. or “ no effect” level, but on the basis of
Similarly, the ETS does not cover ex­ OSHA’s belief, for the reasons set forth
posure to liquids containing benzene in in the technical feasibility and economic
amounts of 1 percent or less by volume, impact study prepared for OSHA by
or benzene vapor released by these liq­ Arthur D. Little Co., that 1 ppm is the'
uids. Benzene is a contaminant as well lowest level that generally can be
as an additive in a multitude of indus­ achieved at this time.
trial substances. OSHA estimates that (2) Ceiling limit. In addition to lim it­
some 60,000 facilities with over 400,000 ing 8-hour time weighted average ex­
employees are engaged in industrial posures to 1 ppm, the emergency stand­
operations utilizing liquid mixtures con­ ard requires that no employee be
taining 1 percent or less benzene by exposed to benzene in excess o f 5 ppm
volume.
averaged over any 15-minute period. An
Also based oti the presently available employee may be exposed to varying
evidence in the Arthur D. Little study concentrations of benzene during the
the exposure of employee working with course of the workday with some periods
these mixture is generally less than 1 of exposure above 1 ppm and correspond­
ppm on an 8 hour average. In view of ing periods below 1 ppm. OSHA has
the foregoing, the ETS excludes users determined that the peak excursions
of these mixtures from its coverage.
permitted under the present standard
However, during the proceedings on are not appropriate in regulating ex­
the proposed permanent standard, it is posure to benzene— a human leukemia
OSHA’s intention to consider the appro­ hazard for Which no safe level can be
priate scope and application of its per­ determined. For this reason, the 15-
manent standards to protect workers minute ceiling limit of 5 ppm is estab­
from the leukemia hazard of benzene lished to limit the magnitude of brief
exposure.
excursions which might otherwise occur
Meanwhile, the existing standard in even where the 8-hour time weighted
§ 1910.1000 which governs benzene ex­ average was not exceeded.
posure will continue to apply to retail (3) Dermal and eye exposure limits.
automotive service stations and to op­ The standard prohibits eye and repeated
erations which use liquids containing or prolonged skin exposure to liquid ben­
one percent or less benzene. zene. While studies indicate benzene is
Thus, these employers must continue not readily absorbed through intact skin,
to limit their employees’ exposures to direct contact with liquid benzene can
benzene to the 10 ppm permissible ex­ cause blistering and breakage of the skin
posure limit, 25 ppm limit ceiling and surface. (46), (47) Under these circum­
50 ppm excursion limit of that section. stances, or where the skin is otherwise
The emergency temporary standard broken, prolonged or repeated skin con­
is applicable to “ general industry,” con­ tact may result in significant absorption
struction and maritime. of benzene. In addition, benzene absorp-
22522
tion through the skin may be enhanced
when it occurs in combination with other
solvents. (48) Once absorbed, the ben­
zene is distributed throughout the body
by the blood.
C. Notification of use. The standard
requires employers to notify OSHA of
the location of workplaces in which ben­
zene is used and to describe the condi­
tions of use and protective measures in
effect. This requirement is designed to
assure compliance during the effective
period of this ETS.
D. M onitoring of exposure. The stand­
ard requires employers to monitor each
workplace where benzene is present to
determine employee exposure. Such de­
terminations may be made by monitor­
ing and measurements which are rep­
resentative of each employee’s exposure
to benzene over an 8-hour period. Actual
measurements of airborne concentra­
tions of benzene are required in order to
determine employee exposure to benzene.
However, employers do not have to meas­
ure the exposure of each individual
employee.
Where the initial measurements reveal
benzene exposure to be above the permis­
sible exposure limit, monthly monitoring
is required. Measurements which reveal
levels o f exposure to benzene below the
permissible exposure limit require quar­
terly monitoring.
The results of the exposure measure­
ment program determine what further
action must be taken by the employer. In
addition to monthly monitoring, meas­
urement o f exposures above the permis­
sible exposure limit require the employer
to institute controls to reduce the ex­
posure to or below the permissible ex­
posure limit. A monitoring requirement
is necessary in the ETS to reduce em­
ployee exposure.
In establishing the monitoring and
measurement requirements of this stand­
ard, OSHA has considered the impor­
tance of such activities to identifying ex­
posed employees and their levels of ex­
posure so that appropriate protective
measures may be taken. OSHA has also
considered the question o f the feasibility
o f immediately complying with the mon­
itoring requirements specified.
Performing the required measurements
of employee exposure to benzene will
generally involve the use of portable bat­
tery-powered air sampling pumps worn
by the employee during the sampling
period, charcoal tubes for absorption of
the benzene, and access to appropriate
laboratory facilities for subsequent anal­
ysis of the charcoal tube samples. The
laboratory analysis would usually be per­
formed using gas chromotographs, a
technique commonly available in analyt­
ical laboratories and utilized for the
analysis of a wide range of air contami­
nants found in samples of the workplace
environment and general community.
The standard provides that the initial
sampling must be conducted and re­
sults obtained within 30 days of the e f­
fective date of the standard, which would
be almost 50 days following publication
of the standard. The standard does not
require a separate measurement for each
affected employee. It requires only that
FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, MAY 3, 1977
RULES AND REGULATIONS
sufficient measurements are obtained to permissible exposure limits. In opera­
be representative of the exposure of all tions where engineering controls and
affected employees. work practices do not completely reduce
OSHA notes that the monitoring re­ exposure to the permissible level, they
quirements will arise principally in the must still be implemented to reduce ex­
industries engaged in benzene produc­ posures to the lowest practicable level
tion, gasoline production, and related and supplemented by respirators.
chemical industries. These industriès are OSHA recognizes that initial compli­
generally regarded to be at the forefront ance may involve the use o f respirators
o f all industries with respect to existing in many instances until engineering con­
industrial hygiene and occupational trols are installed and work practices
health programs. Many o f the employers initiated.
in these industries have extensive pro­ Based on a review of the Arthur D.
fessional and technical staffs and estab­ Little Co. study and data furnished by
lished employee health programs which respirator manufacturers, OSHA has de­
include periodic measurement of em­ termined that the availability o f respira­
ployee exposure to benzene. Thus these tors of the required types, especially the
employers are expected to have little air-purifying respirators and replace­
difficulty in complying with the monitor­ ment cartridges, is adequate to meet the
ing requirements o f this standard. Some needs of employers who will require them
o f these employers have had to acquire for compliance with the ETS. For ex­
much of the apparatus and equipment ample, there are several manufacturers
required for measuring employee expo­ of air-purifying respirators fo r use
sure to benzene in order to comply with against benzene. One of these manufac­
-other occupational health standards pre­ turers has indicated that it currently
viously issued by this Agency. For ex­ has in stock 100,000 replacement car­
ample, those employers engaged in man­ tridges more than normal order require­
ufacturing or use o f vinyl chloride and ments, can deliver more than 250,000
polyvinyl chloride and employers en­ cartridges per month, and is presently
gaged in the operation o f coke ovens— increasing production capacity for this
one source o f benzene production, will type o f respirator. Additionally, OSHA is
find that much o f the effort made earlier aware that respirators are currently
in complying with the standards for available for use by employees in many
vinyl chloride and coke oven emissions job categories in the industries covered
will be applicable to the requirements by this standard, such as the petroleum
under this standard for measuring em­ refining, petrochemical, chemical, and
ployee exposure to benzene. related industries.
There are approximately eight manu­
OSHA estimates that approximately
facturers of suitable sampling pumps. 30,000 of the 150,000 employees affected
While it is not possible to know the total by this standard would have to be fur­
number of pumps immediately available nished respirators for use some of the
from these manufacturers, one of the time during the initial period of com­
major manufacturers has indicated an pliance with this standard. In view of
ability to deliver 200 immediately and the current existence of suitable respira­
800 within 45 days. That manufacturer tors in many workplaces where they
estimated that the entire industry is would be needed and the ability of the
capable of delivering up to 2,000 pumps respirator manufacturers and suppliers
in no more than 60 days from now. to supply promptly on receipt of order
OSHA believes this capacity is adequate additional respirators needed to comply,
to meet the additional needs of employ­ OSHA concludes that the respirator re­
ers who do not presently have a sufficient quirements of this standard are feasible.
number of these sampling pumps. More­
F. Medical surveillance. The standard
over, the standard does not require that requires employers to institute a limited
the employer own the equipment and do program o f medical surveillance for all
this monitoring himself; the utilization employees exposed to benzene. The pur­
o f consultants or contractors is another poses of these medical surveillance re­
choice available to many employers.
quirements are to determine the effects
For the above reasons, the Assistant of exposure on the blood forming systems
Secretary concludes that the monitoring of the employees, to detect blood abnor­
and measurement requirements o f this malities, and to ensure that symptoms of
emergency standard are feasible. overexposure to benzene are recognized
E. Methods of compliance. The stand­as early as possible. The standard pro­
ard requires employee exposure to ben­ vides that this medical testing shall be
zene to be reduced to 1 ppm by engineer­ conducted within 30 days of the effective
ing controls, work practices and respira­ date of the standard and quarterly,
tory protection. The emergency standard thereafter. The medical surveillance re­
reflects a preference for the use of engi­ quirements are limited to those minimum
neering controls, work practices and, tests considered necessary fo r the emer­
where possible, substitution because of gency standard. (41) The standard also
the greater reliability of these control requires a medical history to be taken
techniques. (See, for example, the stand­ for every employee who may be exposed
ards on vinyl chloride, § 1910.1017, and to benzene.
coke oven emissions § 1910.1029, and the Facilities for performing such routine
reasons given therein.) blood tests are readily available in all
Thus, employers are required to in­ parts of the country and OSHA has con­
stitute feasible engineering controls and cluded that compliance with this limited
work practices as soon as possible to medical testing requirement is immedi­
reduce employee exposure to or below the ately feasible.
 RULES AND REGULATIONS
2. A m e r ic a n C o n fe re n c e o f G o v e rn m e n ta l
Following the medical examination, the
I n d u s t r ia l H y g ie n is ts : T h r e s h o ld L im it
employer must obtain a written opinion V a lu e s f o r S u b s ta n c e s i n W o r k r o o m A ir
from the examining physician stating A d o p te d b y A C G I H fo r 1963. C in c in n a t i,
whether the employee has any medical O h io , A C G I H , 1963.
condition that would place him at in­ 3. O c c u p a tio n a l E x p o s u re t o B e n z e n e : C r i ­
creased risk to his health from exposure t e r ia F o r R e c o m m e n d e d S ta n d a rd . U .S . D e p t,
to benzene. The employer must provide o f H e a lt h , E d u c a tio n , a n d W e lfa re , P u b lic
a copy of the physician's opinion to the H e a lt h S e rv ic e , C e n te r fo r D ise a se C o n tro l,
N a t io n a l I n s t it u t e fo r O c c u p a tio n a l S a fe ty
affected employee. Employees are not
a n d H e a lt h , 1974.
required by the standard to submit to 4. N a t io n a l R e s e a rc h C o u n c il. H e a lt h E f ­
the medical surveillance offered under fe c ts o f B e n z e n e : A R e v ie w . C o m m itte e o n
this provision. T o x ic o lo g y A s s e m b ly o f L if e S cie n ce s, N a ­
G. Employee education and training. t io n a l A c a d e m y o f Scie n ces, J u n e 1976.
Information and training are important 5. O c c u p a tio n a l E x p o s u re to B e n ze n e : R e ­
to protect employees from workplace v is e d C r it e r ia F o r A R e c o m m e n d e d S ta n d a rd .
U .S . D e p t, o f H e a lth , E d u c a tio n , a n d W e l­
cancer hazards. Appropriate training of
employees can result in immediate bene­ fa re , P u b lic H e a lt h S e rv ic e , C e n te r F o r D is ­
ease C o n t ro l, N a t io n a l I n s t it u t e fo r O c c u p a ­
fits in terms of reduced exposures. To be t io n a l S a fe ty a n d H e a lt h , A u g u s t 1976.
effective, an employee education system 6. F in k le a , J . F ., D ir e c to r , N I O S H : M e m o ­
must fully inform the employee o f the r a n d u m t o A s s is ta n t S e c re ta ry o f L a b o r,
specific hazards associated with the work O S H A , D e p t, o f L a b o r. O c to b e r 27, 1976.
environment. For this reason, the em­ 7. F in k le a , J . F ., D ir e c to r , N I O S H : M e m o ­
ployer is required to inform each em­ r a n d u m to A s s is ta n t S e c re ta ry o f L a b o r,
O S H A , D e p t, o f L a b o r . A p r il 15, 1977.
ployee who is assigned to work in the
8. G re e n b u rg , L ., M . R . M a y e rs, L . G o ld -
presence of benzene about the specific w a te r, a n d A . R . S m it h : B e n z e n e (b e n zo l)
operations where benzene exposure may p o is o n in g in th e ro to g ra v u re p r in t in g in d u s ­
occur and about proper procedures to t r y i n N e w Y o r k C ity . J . In d . H y g . T o x ic o l.
avoid unnecessary exposure. The re­ 21:395-420, 1939.
quired training program must, among 9. M a llo r y , T . B ., E . A . G a U , a n d W . J .
other things, advise employees of the B r ic k le y : C h r o n ic e x p o su re t o b e n ze n e ( b e n ­
z o l) — H I . T h e p a t h o lo g ic re s u lts . J . In d . H yg.
signs and symptoms of exposure to ben­
T o x ic o l. 2 1 :355-77, 1939.
zene, the purpose of the medical tests,
10. H a rd y , H . L ., a n d H . B . E lk in s : M e d ic a l
and the purpose, proper use, and limi­ asp e cts o f m a x im u m a llo w a b le c o n c e n tr a ­
tation of respirators. tio n s : B e n ze n e . J . In d . H yg. T o x ic o l. 3 0 :1 9 6 -
H. Signs. I t is important for the pro­ 200, 1948.
tection of employees that appropriate 11. A k s o y , M ., K . D in c o l, T . A d g u n , S.
forms of warning, as necessary, be used E rd e m , a n d G . D in c o l: H a e m a to lo g ic a l effe cts
to inform employees of tlje hazards to o f c h r o n ic b e n ze n e p o is o n in g i n 217 w o rk e rs.
B r it . J . In d u s . M e d . 28:296-302, 1971.
which they are exposed in the course of
12. S e llin g , L .: B e n z o l as a le u c o to x in ,
their employment. J o h n s H o p k . H o sp . R ep ., 17:83-136, 1916.
In light of the grave danger posed by 13. C a v ig n e a u x , L .: C o n fir m e d in t o x ic a ­
exposure to benzene, OSHA believes that tio n s . C a h . M e d . In te r p ro f., 2:2 8 -3 1 , 1962.
signs are necessary in addition to the pe­ 14. V ig lia n i, E . C . a n d A . F o m i. B e n ze n e ,
riodic training program for informing c h ro m o s o m e c h a n g e s a n d le u k e m ia . J . O cc.
M e d . 11:148-149, 1969.
employees of the carcinogenic hazard of
15. V ig lia n i, E . C.,* a n d A . F o r n i: B e n ze n e
benzene exposure. a n d le u k e m ia , E n v ir o n . R es. 11:122-27, 1976.
I. Recordkeeping. The standard re­ 16. D e ic h m a n n , W . B ., W . E . M a c D o n a ld ,
quires a limited amount of recordkeep­ a n d E . B e r n a l: T h e h e m o p o ie tic tis s u e to x ­
ing. Employers must maintain exposure i c it y o f b e n z e n e va p o rs. T o x ic o l. A p p . P h a r ­
measurement records and medical rec­ m a c o l. 5:201—24, 1963.
17. F o llin i, G . a n d R . C o lo m b i ( M e d u lla r y
ords. Such records must be maintained
during the period of the emergency c h ro m o s o m e d a m a g e i n a p la s t ic a n e m ia
c a u se d b y b e n z o l) . M e d . L a v o r o 55:241-55,
standard. Thereafter, employers will be 1964 ( I t a l.) .
subject to the long-term recordkeeping 18. F o r n i, A . a n d L . M o re o : C y to g e n e tic
requirements included in the final s tu d ie s i n a case o f b en ze n e le u k e m ia . E u ro p .
standard promulgated under section 6 J . C a n c e r 3:251-55, 1967.
(b) of the Act. 19. F o r n i, A . a n d L . M o e w o : C h ro m o so m e
s tu d ie s i n a case o f b e n z e n e -in d u c e d e r y t h r o -
J. Appendixes. Three appendixes have
le u k e m ia . E u ro p . J . C a n c e r 5:459—463, 1969.
been attached to the standard for infor­ 20. F o r n i, A . M ., a n d A . C a p p e llin i, E.
mational purposes. These appendixes do P a c lfic o a d d E . C . V ig lia n i: C h ro m o so m e
not impose any additional requirements c h a n g e s a n d t h e ir e v o lu tio n i n s u b je c ts w it h
on the employer. p a s t e x p o s u re to b en zen e . A r c h . E n v ir o n .
H e a lt h 2 3 :385-91. 1971.
V.— R eferences 21. T o u g h , I. M ., P . G . S m it h , W . M . C o u r t
The studies and other data listed B ro w n , a n d D . G . H a r n d e n : C h ro m o s o m e
s tu d ie s o n w o rk e rs exp osed t o a tm o s p h e ric
below, as well as the additional material
b en zene , th e p o s s ib le in flu e n c e o f age. E u r .
referred to in this document, represent J . C a n c e r 6 :4 9-55, 1970.
the principal sources upon which the 22. K is s lin g , M ., a n d B . S p e c k : C h r o m o ­
emergency standard is based. A complete so m e a b e rr a tio n s i n e x p e r im e n ta l b e n z e n e i n ­
set of the references is available for in­ to x ic a t io n . H e lv . M e d . A c ta . 36:59-66, 197.3.
spection and copying at the OSHA Tech­ 23. P h ilip , P . a n d M . K . Je n s e n : B e n ze n e
nical Data Center, Room S6212, U.S. in d u c e d c h ro m o so m e a b n o r m a litie s ' i n r a t
Department of Labor, 3rd Street and b o n e m a rro w c e lls . A c ta . P a th . M ic r o b io l.
Constitution Avenue NW., Washington, S c24. a n d . S e c tio n A . 78, 489-490, 1970.
R o b b in s , S.: P a th o lo g ic B a s is o f D is ­
D.C. 20210.
ease: W . B . S a u n d e rs Co., P h ila d e lp h ia (1974)
1. American Conference o f Governmentalp . 728.
Industrial Hygienists: Transaction o f the 25. C r o n k it e , E . P . 1961 E v id e n c e f o r r a d ia ­
Eighth Annual Meeting. Cincinnati, Ohio, t io n a n d c h e m ic a ls as le u k e m o g e n ic agents.
ACGIH, 1946, p. 40. A r c h . E n v ir o n . H e a lt h 3:297-303.
FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, MAY 3, 1977
22523
26. William, J., E. Beutler, A. Ersler, and
R. W. Rundles: Hematology, McGraw-Hill
Book Co, N.Y. (1972), p. 618.
27. Vigliani, E. C., and G. Salta: Benzene
and leukemia. N. Engl. J. Med. 271:872-76,
1964.
28. Tareeff, E. M., Kontchlovskaya N om ,
and Zorina L. A.: Benzene leukemias. Acta.
Unio. Int. Contra. Cancrum 19:751-55, 1963.
29. Aksoy, M., K. Dincol, S. Erdem and G.
Dincol: Acute leukemia due to chronic ex­
posure to benzene. Am. J. Med. 52:160-66,
1972.
30. Aksoy, M., S. Erdem, and G. Dincol:
Types of leukemia in chronic benzene poison­
ing, a §tudy in thirty-four patients. Acta.
Hematol: 55:65-72, 1976.
31. Browning, E.: Toxicity and metabolism
of industrial solvents. Elservier Publishing
Company, N.Y. (1965), pp. 3-65.
32. DeGowln, R. L.: Benzene exposure and
aplastic anemia followed by Leukemia 15
years later. Jama 185:748-51, 1963.
33. Ishimaru, T., H. Okada, T. Tomiyasu, T.
Tsuchimoto, T. Hoshino and M. Ichimaru:
Occupational Factors in the epidemiology of
leukemia in Hiroshima and Nagaski, A.M.
J. Epidemiol. 93:157-65, 1971.
34. Thorpe, J. J.: Epidemiologic survey of
leukemia in persons potentially exposed to
benzene. J. Occup. Med. 16:375-82, 1974.
35. Brown, S. M .: Leukemia and potential
benzene exposure. J. o f Occupational Medi
17:5-6, 1975.
36. McMichael, A. J., R. Spirtas, and L. L.
Kupper: An epidemiologic study o f m ortal­
ity with a cohort o f rubber workers, 1964-72.
J. Occup. Med. 16:458-64, 1974.
37. McMichael, A. J., R. Spirtas, L. L. K up­
per, and J. E. Gamble: Solvent exposure and
leukemia among rubber workers: an epidemi­
ologic study. J. Occup. Med. 17:234-39, 1975.
38. Lignac G. O. E.” (Benzene Leukemia
in humans and in white mice) Krankheits-
forsch 9:403-453, 1932.
39. Amiel, J. L.: (Negative attempt at in ­
duction o f leukemia in mice by benzene.)
Rev. Franc. Elu., Ciin. Biol. 6: 198-99, 1960
(F ren ch ).
40. Ward, J. M., J, H. Weisburger, R. S.
Yamamoto, T. Benjamin, C. A. Brown, and
E. K. Weisburger: Long-term effect o f ben­
zene in C57BL/6N mice. Arch. Environ.
Health: 30:22-25, 1975.
41. Rose, V. E. Director, Division o f Criteria
Documentation and Standards Development,
NIOSH: Memorandum to Deputy Director,
Directorate, Health Standards Program,
OSHA, Dept, o f Labor. April 18, 1977.
42. Letter to W illiam J. Usery, Secretary of
Labor from Peter Bommarito, International
President United Rubber Cork, Linoleum and
Plastic Workers o f America. April 23, 1976.
43. X etter to Peter Bommarito, Interna­
tional President o f United Rubber, Cork,
Linoleum and Plastic Workers o f America
from W illiam J. Usery, Secretary of Labor.
44. Guidelines for control o f occupational
exposure to benzene. O.S.H.A. Department of
Labor, Jan. 14, 1977.
45. Walk-through Survey of Goodyear Tire
and Rubber Co., Cast Film Division, St.
Mary’s Ohio, NIOSH Survey, Jan. 1977.
46. Conca, G. L. and A. Maltagllati. (Study
o f the percutaneous benzene adosorption)
Med. Lavoro 46:194-98, 1955 (Ita l).
47. Cesaro, A. N. (Is absorption o f benzene
through the skin possible?) Med. Lavoro 37:
151-156, 1946 (I t a l ) .
48. Letter, to John F. Finklea, Director
NIOSH from Hector P. Blejer, Director, Sec­
tion on Occupational Health, City o f Hope
National Medical Center, Oct. 1, 1976.
49. Vigliani, E. C. Leukemia associated with
benzene exposure. Ann. N.Y. Acad. Sci. 271:
143-151, 1976.
50. Fom i, A. and E. C. Vigliani. Chemical
leukemogensis in man, Ser. Heemal., Vol. VH :
211-223, 1974.
 22524
51. In fa n te , P . F., R . A . R in k s y , J . K . W a g ­
n e r and. R . J. Y o u n g . L e u k e m ia a m o n g w o rk ­
e rs exp osed to b en zene . N IO S H , A p r il 26, 1977.
52. O c c u p a tio n a l e x p o s u re t o b e n ze n e a t
s e rv ic e s ta tio n s . N I O S H P ro g re ss R e p o rt,
J u n e 9, 1976.
53. A k s o y , M ., S. E rd e m a n d G . D in c o l. L e u ­
k e m ia i n sh o e -w o rk e rs exp osed c h r o n ic a lly
t o b en zene . B lo o d 44:837-841, 1974.
54. A n d je lk o v ic , D., J . T a u lb e e a n d M .
S y m o n s. M o r t a lit y e x p e rie n c e o f a c o h o rt o f
r u b b e r w o rk ers, 1964-1973. J. O cc. M e d. 17:
387-394, 1976.
55. A k s o y , M . : (B e n z e n e (b e n zo l) t o x ic it y
a n d it s e ffe ct o n th e h e m a to p o ie tic s y s te m ) .
I s t a n b u l F a c u lt y o f M e d ic in e M o n o g ra p h
S e rie s N o. 51, p ag e 7-68, S e rm e t P ress, I s ­
ta n b u l, 1970.
56. A k so y , M ., S. E rd e m , T . A d g v in , O. O k u s
a n d K . D in c o l: O s m o tic F r a g ilit y s tu d ie s in
th re e p a t ie n t s w it h a p la s t ic a n e m ia d u e to
c h r o n ic b en ze n e p o is o n in g . B lu t Z e it s c h r if t
F u r B lu t f o r s c h u n g B a n d X I I I . S e ite 85-90
J . F . L e h m a n n s V e rla g , M ü n c h e n . 1966.
57. A k s o y , M ., S. E rd e m , G .: E rd o g a n , a n d
G . D in c o l. A c u t e le u k e m ia i n tw o g e n e ra tio n s
fo llo w in g c h r o n ic ex p o su re t o b en zene. H u m .
H e re d . 24 :70-74.
58. B e n z e n e i n th e W o r k E n v ir o n m e n t.
C o n s id e r a tio n s B e a r in g o n th e Q u e s tio n o f
S a fe C o n c e n t ra tio n s o f B e n z e n e i n th e W o rk
E n v ir o n m e n t ( M A K - W e r t ) . C o m m u n ic a tio n s
o f th e W o r k in g G r o u p “ E s ta b lis h m e n t o f
M A K - W e r t e ” o f th e S e n a te C o m m is s io n fo r
th e E x a m in a t io n o f H a z a rd o u s I n d u s t r ia l M a ­
te r ia ls , p re p a re d In c o o p e ra tio n w it h D r.
G e r t r u d B u t t n e r . B o p p a rd , G e rm a n y , H a r a ld
B o ld t V e rla g , 1974.
59. C o o p e r/T a b e rs h a w , A m o r t a lit y s tu d y
o f p e tr o le u m r e fin e ry w o rk e rs. M e d ic a l R e ­
s e a rc h R e p o r t N o. E A 7402, W a s h in g to n , D.C.,
T h e A m e r ic a n I n s tit u t e , 1974,41 p p .
60. D e lo re , P . a n d B o rg o m a n o : A c u t e le u ­
k e m ia i n b e n z e n e p o is o n in g . T h e t o x ic o r ig in
o f c e r t a in a c u te le u k e m ia s a n d t h e ir r e la t io n ­
s h ip t o severe a n e m ia s . J . M e d . L y o n 9 :2 2 7 -
233, 1928. ( F re n c h )
61. F o x , A . J., D . C. L in d a r s , a n d R . O w ens:
A s u rv e y o f o c c u p a t io n a l c a n c e r in th e r u b ­
b e r a n d c a b le m a k in g in d u s tr ie s : r e s u lts o f
fiv e -y e a r a n a ly s is , 1967-71. B r it is h J o u r n a l o f
I n d u s t r ia l M e d ic in e 31:140-151, 1974.
62. F r a u m e n i, J r ., J . F . a n d R . W . M ille r :
E p id e m io lo g y o f h u m a n le u k e m ia : R e c e n t
o b s e rv a tio n s . J . N a t. C a n c e r Inst.~38:593-605,
1967.
63. G a llo , R .: O n th e e tio lo g y o f h u m a n
a c u te le u k e m ia . M e d ic a l C lin ic s o f N o r t h
A m e ric a . V o l. 57, N o. 2, M a r c h 1973.
64. G e ra rd e , H . W . T o x ic o lo g y a n d B io ­
c h e m is tr y o f A r o m a tic H y d ro c a rb o n s . N ew
Y o r k , E ls e v ie r P u b lis h in g C o m p a n y , 1960,
p p . 97-108.
65. G ir a r d , R ., M . L . M a lle in , J . B e r th o lo n ,
P . C o e u r, a h d J . - C l. E v re a u x . S t u d y o f le u c o -
g y tic a lk a lin e p h o s p h a ta s e a n d th e k a ry o ty p e
in w o rk e rs exposed to b en zen e . A rc h . M a la ­
d ie s P rofe ss. 31:31-38, 1970.
66. G o g u e l, A., A . C a v ig n e a u x e t J. B e r ­
n a r d : L e s le u c e m ie s b e n z e n iq u e s d o la r e ­
g io n p a r is ie n n e e n tre 1950 e t 1965 ( E tu d e de
50 o b s e r v a tio n s ) . N o u v e lle R e v u e F r a n ç a is e
d ’H é m a to lo g ie T o m e 7, n 4:456-480, 1967.
67. G reen b erg , L : B e n z o l p o is o n in g as a n
in d u s t r ia l h a z a rd : I. T h e C h e m is tr y a n d i n ­
d u s t r ia l uses o f b e n zo l; II. A c u t e b e n z o l
p o is o n in g . P u b lic H e a lt h R e p o rts 41:1357-75,
1926.
68. H a m ilto n , A .: B e n ze n e (b e n zo l) p o i­
s o n in g . A r c h . P a th d . 11:434-54,1931.
69. H a n k e , J., T . D u tk ie w ix z a n d I. P io -
tr a w s k i: ( T h e a b s o rp tio n o f b e n ze n e th r o u g h
th e s k in in m e n .) M e d p r a c y 12:413-26,
1961.
70. H e k to e n , L . T h e effect o f b e n ze n e o n
th e p r o d u c tio n o f a n tib o d ie s . J . In fe c t. D is.
18:69-84, 1916.
FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, MAY 3, 1977
RULES AND REGULATIONS
71. Helmer, K. J.: Accumulate cases of
chronic benzene poisoning in the rubber
industry. Acta Med Scand 118:354-75, 1944.
72. Hess, W.: Respiration and Fermenta­
tion in experimental leukemia induced by
benzene. Frankfurt Z. Path. 47 : 522-23, 1935.
(German)
73. Horiguchi, S., H. Okada and K. Hori-
guchi: Effect o f benzene on the leucocytic
function o f mice. Osaka City Medical J.
18:1-8, 1972.
74. Hunter, F. T. Chronic exposure to ben­
zene (benzol). II. The Clinical effects. J.
Ind. Hyg. Toxicol. 21:331-354, 1939.
75. Hunter, C. G. and D. Blair: Benzene:
Pharmacokinetic studies in man. Ann Occup.
Hyg. Vol. 15, pp. 193-199, 1972.
76. International Labour Office: Benzene:
users, toxic effects, substitutes. Geneva, May
16-19, 1967.
77. Kaplan, H. : On the etiology and patho­
genesis o f the leukemias: A review. Cancer
Research 14:535-548, 1954.
78. Kozlova, T. A., and A. P. Volkova: (The
blood picture and pagocytic activity of leu­
cocytes in workers having contact with
benzol.) Gig Sanit 25:29-34, 1960 (R us).
79. Laerum, O. D. Reticulum cell neoplasms
in normal and benzene treated hairless mice.
Acta Pathol. Microbiol. Scand. Sect. A 81:
57-63, 1973.
80. Lavwerys, R. Biological criteria, for se­
lected industrial toxic chemicals: A review.
Scand. J. Work, Environ, and Health 1: 139-
172, 1975.
81. Miller, R. Persons with exceptionally
high risk of leukemia. Cancer Research 27
Part 1, 2420-2423, December, 1967.
82. Mitchell, J. R. Mechanism o f Benzene
induced aplastic anemia. Fed. Prc. Fed. Am.
Soc. Exp. Biol. 30-561 (Abstract) No. 2044,
1972.
83. Monson, R. R. and K. K. Nakano. Mor­
tality among rubbers workers. 22. X White
male union employees in Akron, Ohio. Am.
J. Epidem. 103:284-296, 1976.
84. Montesano, R. and L. Tomatis: Legisla­
tion concerning chemical carcinogens in
several industrialized countries. Cancer Re­
search 37, 310-316, 1977.
85. Parkinson, G. S ., Benzene in motor
gasoline— an investigation into possible
health hazards in and around filling stations
and in normal transnort operations. Ann.
Occup. Hyg. 14:145-153, 1971.
86. Pierre, R. V. Preleukemic states. Semin.
Hematol. 11:73-92, 1974.
87. Potolsky, A., and W. P. Oreger. Radia­
tion and drug therapies, and leukemia.
Annu. Rev. Med. 24:75-82, 1973.
88. Proceedings of the symposium on tox­
icology of benzene and alkyl benzenes. M el­
lon Institute o f Camegie-Mellon University,
Pittsburgh, Pennsylvania, August 28-29, 1973.
89. Runion, H.: Benzene in gasoline.
American Ind. Hyg. Assoc. J. 36:388-350,
1975.
90. Runion, H. E.: Benzene in gasoline II.
International Workshop on Benzene, Univer­
sité Rene Descartes, Faculté des Sciences
Pharmaceutiques et Biologiques de paris lux-
embourg, Laboratorie de Toxicologie et d ’
Hygiene Industrielle, November 9-11, 1976.
91. Ott,. M. G. et al., “ M ortality Among In ­
dividual’s Occupationally Exposed to Ben­
zene,” Arch. Env. Health, In Press.
92. Schrenk, H., W. P. Yant, S. J. Pearce,
F. A. Patty, and R. R. Sayers: Absorption,
distribution and elimination o f benzene by
body tissues and fluids of dogs exposed to
benzene vapor. J. Ind. Hyg. Toxicol. 23:20-34,
1941.
93. Sato, A. and Y. Fujiwara: Elimination
of inhaled benzene and toluene in man.
Japanese Industrial Health 14:224-25, 1972.
94. Shaw, M. : Human chromosome damage
by chemical agents. Ann. Rev. Med. 21:409,
1970.
95. Savilahtl, M.r More than 100 cases of
benzene intoxication in a shoe factory. Ob­
servations o f hematological symptoms and
course o f disease during one year. Arch.
Gewebepath. Gewerbehyg. 15, pp. 147-157
1956.
96. Savilahit, M.: More than 100 cases of
benzene intoxication in a shoe factory. Ob­
servations o f hematological symptoms and
course of disease during one year. Arch.
Gewerbepath. Gewerbehyg. 15, pp. 147-157
1956.
97. Sherwood, R. J.: Evaluation o f exposure
to benzene vapour during the loading of
petrol. Brit. J. ind. Med. 29:65-69, 1972.
98. Sherwood, R. J.: The monitoring of
benzene exposure by air sampling. American
Ind. Hyg. Assoc. J., Volume 32, Number 12,
December 1971.
99. Sherwood, R. J. and W. G. Carter:
The measurement o f occupational exposure
to benzene vapour. Ann. Occup. hyg. Volume
13, pp. 125-146, 1970.
100. Smolik, R „ K. Grzybek-Hryncewicz,
A. Lange, and W. Zatonski. Serum comple­
ment level in workers exposed to benzene,
toluene and xylene. Int. Arch. Arbeitsmed.
31:243-247, 1973.
101. Srbova J., Teisinger, J., Skramovsky S.:
Absorption and elimination o f inhaled' ben­
zene in man. Arch. Ind. Hyg. Occup. Med
2:1-8, 1950.
102. Sandberg, A. A.: The chromosomes
and causation of human cancer and leu­
kemia. Cancer Res. 26:2064-2081, 1966.
103. Stanford Research Institute: Chemi­
cal Economic Handbook. Menlo Park, Cali­
fornia, pp. 618.5021A-E, 618.5022A—B.
104. Stewart, R .: The use o f breath analysis
in clinical toxicology. Essays in toxicology,
Volume 5, Academic Press, Inc., 1974.
105. Stewart, R. D., Dodd H. C., Baretta,
E. D., Schaeffer, A. W., Mutchler, J. E.:
Chronic overexposure to benzene vapor. Toxi­
col Pharmacol 10:381, 1967; abst.
106. Walkley, J. E., Pagnotto, L. D., Elkins,
H. B.: The measurement o f phenol in urine
as an index of benzene exposure. A. M. Ind.
Hyg. Assoc. J 22:362-67, 1961.
107. Wintrobe, M. W .: Clinical Hematology,
ed. 7. Philadelphia, Lea and Febiger, 1976.
108. W intem itz, M. C., Hirschfelder, A. D.:
Studies upon experimental pneumonia in
rabbits— Parts I to III. J Exp. Med. 18:657-
65, 1973.
109. Watts, J. D.: Urinary phenol excretion
in non-occupationally exposed population.
Masters Thesis, March 1974, University of
Texas Health Science Center at Houston.
V I. E n v ir o n m e n t a l and E c o n o m ic
I m pa cts
The National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) and
regulations issued thereunder (29 CFR
Part 1999) require that Federal agencies
assess their proposed major actions to
determine whether a significant impact
on the quality of the human environment
may result, and if necessary to prepare
an environmental impact statement. An
environmental impact statement on the
regulation of occupational exposure to
benzene will be prepared and made avail­
able as required during the rulemaking
proceedings under section 6(b) of the
Act. Because of the emergency nature of
this standard, no -environmental impact
statement can be prepared or is required
for the emergency temporary standard.
In addition, notice is hereby given that
an economic impact analysis under Ex­
ecutive Order 11949 (42 FR 1017) and ap­
plicable procedures will be prepared and
made available prior to the promulgation

of any permanent standard resulting
from this emergency temporary stand­
ard. The preliminary economic and tech­
nological feasibility study done by A r­
thur D. Little indicates that the emer­
gency standard is feasible.
V f f l — P u b l ic P a r t ic ip a t io n — N o tic e
H ear ing
Pursuant to section 6(c) (3) of the Act,
this ETS as published also serves as a
proposal for a permanent rule. It is
OSHA’s intention to develop and publish
a more comprehensive proposal in the
very near future which will contain ad­
ditional provisions and some modifica­
tions of this emergency standard. Since
the comprehensive proposal will be based
on the emergency standard and since the
emergency nature of the proceeding and
the requirements of section 6(c) will ne­
cessitate expedited treatment through­
out the development of the final standard
on benzene, interested parties should
begin preparation of their written com­
ments and oral presentations immedi­
ately.
Interested persons are invited to sub­
mit written data, views and arguments
with respect to this ETS and the sup­
plementary proposal to be published
shortly. These comments must be post­
marked on or before June 20, 1977 and
submitted in quadruplicate to the Docket
Officer, Docket No. H-059, Room S6212,
U.S. Department of Labor, 3rd Street and
Constitution Avenue, NW., Washington,
D.C. 20210. Written submissions must
clearly identify the provisions of the ETS
and the proposal which are addressed
and the position taken with respect to
each issue therein. The data, views and
arguments that are submitted will be
available for public inspection and copy­
ing at the above address. All timely
written submissions received will be made
a part of the record of this proceeding.
Pursuant to section 6(b) (3) of the Act,
an opportunity to submit oral testimony
concerning the issues raised by the ETS
and the proposed standard, including the
economic and environmental impacts,
will be provided at an informal public
hearing scheduled to begin at 9:30 a.m.
on July 12, 1977, in the New Department
of Labor Auditorium, New Department of
Labor Building, 3rd Street and Consti­
tution Ayenue, NW., Washington, D.C.
20210. *
N o tic e s of I n t e n t io n TO A ppe ar
All persons desiring to participate at
the hearing, must file in quadruplicate a
notice of intention to appear, postmarked
on on before June 20, 1977 with the
OSHA Committee Management Office,
Docket No. H-059, Room N-3635, U.S.
Department o f Labor, 3rd Street and
Constitution Avenue, NW., Washington, This document was prepared under the
D.C. 20210 (telephone: (202) 523-8024). direction of Eula Bingham, Assistant
The notices of intention to appear, Secretary of Labor for Occupational
which will be available for inspection and Safety and Health, U.S. Department of
copying at the OSHA Committee Man­ Labor, 200 Constitution Avenue, NW.,
agement Office, must contain the follow­ Room S-2315, Washington, D.C. (202-
ing information: 523-9261).
(1) The name, address, and telephone Accordingly, pursuant to sections 6(c)
number of each person to appear; and 8(c) of the Occupational Safety and
FEDERAL REGISTER, VOL. 4 2 , NO. 85— TUESDAY, MAY 3, 1977
RULES AND REGULATIONS
(2) The capacity in which the person
will appear;
(3) The approximate amount of time
requested for the presentation;
(4) The specific issues that will be ad­
dressed;
(5) A detailed statement of the posi­
of tion that will be taken with respect to
each issue addressed; and
(6) Whether the party intends to sub­
mit documentary evidence, and if so, a
brief summary of that evidence.
F il in g ofT e s t im o n y and E vid ence
B efore H ear ing
Any party requesting more than 15
minutes for a presentation at the hear­
ing, or who will submit documentary evi­
dence, must provide in quadruplicate the
complete text of his testimony including
any documentary evidence to be pre­
sented at the hearing, to the OSHA
Committee Management Office where it
will be available for inspection and copy­
ing. This material must be received by
July 5, 1977. Each such submission will
be reviewed in light of the amount of
time requested in the notice of intention
to appear. In those instances where the
information contained in the submission
does not justify the amount of time re­
quested, a more appropriate amount of
time will be allocated and the participant
will be notified of that fact.
Any party who has not substantially
complied with this requirement may be
limited to a 15 minute presentation, and
may be requested to return for ques­
tioning at a later time.
C o nd u c t of H ear ing s
The hearing will commence at 9:30
a.m. on July 12, 1977, with resolution of
any procedural matters relating to the
proceeding. The hearing will be con­
ducted in accordance with 29 CFR Part
1911. In view of the emergency nature of
this rulemaking proceeding, the hearing
will be conducted in as expedited a man­
ner as possible, consistent with a full de­
velopment of the record and the rights
of the parties.
The hearing will be presided over by
an Administrative Law Judge who will
have all the powers necessary or appro­
priate to conduct a full and fair informal
hearing as provided in 29 CFR Part 1911.
Following the close of the hearing or of
any posthearing comment period, the
presiding Administrative Law Judge will
certify the record to the Assistant Secre­
tary of Labor for Occupational Safety
and Health. The proposal will be re­
viewed in light of all oral and written
submissions received as part of the rec­
ord, and a standard will be issued based
on the entire record in this proceeding.
A u t h o r it y
22525
Health Act of 1970 (84 Stat. 1596, 1599,
29 U.S.C. 655, 657), the Secretary of
Labor’s Order No. 8-76, and 29 CFR Part
1911, Part 1910 of Title 29 of the Code
of Federal Regulations is hereby
amended by adding a new § 1910.1028 as
set forth below. In addition, pursuant to
section 4(b) (2) of the Act (84 Stat. 1592;
29 U.S.C. 653), the standard in the new
§ 1910.1028 is determined to be more
effective than the corresponding stand­
ards now in Subpart B of Part 1910, in
Parts 1915, 1916, 1917, 1918 and 1926 of
Title 29, Code of Federal Regulations.
Therefore, these corresponding stand­
ards are superseded by the new standard
in § 1910.1028. These amendments are
effective May 21,1977.
Signed at Washington, D.C., this 29th
day of April 1977.
E u l a B in g h a m ,
Assistant Secretary of Labor.
Part 1910 of Title 29 of the Code of
Federal Regulations is therefore
amended as follows:
1. A new § 1910.20 is added to 29 CFR
Part 1910 to read as follows:
§ 1910.20 Benzene.
Section 1910.1028 shall apply to the
exposure of every employee to benzene in
every employment and place o f employ­
ment covered by §§ 1910.12, 1910.13,
1910.14, 1910.15, or § 1910.16, in lieu of
any different standard on exposure to
benzene which would otherwise be ap­
plicable by virtue of any of those sec­
tions.
§ 1910.1000 [Am ended]
2. Table Z-2 of § 1910.1000 is amended
by adding a footnote 1 following the
words “ Benzene (Z37.4-1969) ” and by
adding the following below Table Z-2:
Occupational exposures to benzene are
subject to the requirements of § 1910.-
1028 except as specifically exempted by
1 1910.1028(a). Exposures exempted by
§ 1910.1028(a) are covered by this
section.
3. Part 1910 o f Title 29 of the Code of
Federal Regulations is amended by add­
ing thereto a new § 1910.1028 to read as
follows:
§ 1910.1028 Benzene.
(a) Scope and application. (1) This
section applies to the production, reac­
tion, release, packaging, repackaging,
storage, transportation, handling, or use
of benzene.
(2) This section does not apply: (i) To
retail automotive service stations; or (ii)
where the exposure to benzene is only
from liquid mixtures containing 1 per­
cent or less of benzene by volume, or the
vapors released from these liquids.
(b) Definitions. “ Assistant Secretary”
means the Assistant Secretary of Labor
for Occupational Safety and Health, or
designee.
“ Benzene” (C6H6) (CAS Registry No.
000071432), means benzene, or a mixture
of liquids containing benzene, or the ben­
zene vapor released by these liquids.
 22526 RULES AND REGULATIONS
(1) Engineering controls. The employer
“ Director” means the Director, Na­ less than 1 ppm, and monthly for those shall develop and implement, as soon as
tional Institute for Occupational Safety employees whose exposure is found to possible, feasible engineering controls to
and Health, U.S. Department of Health, be in excess of the permissible exposure reduce the airborne concentration of
Education, and Welfare, or designee. limit. The employer shall continue
benzene to or below the permissible ex­
“ OSHA Area Office” means the Area monthly measurements until at least two
Office of the Occupational Safety and consecutive measurements taken at least posure limit.
(2) Work practices. The employer shall
Health Administration having jurisdic­ seven (7) days apart are below the per­ examine each work area in which ben­
tion over the geographic area where the missible exposure limit, and thereafter zene is present and shall institute, as
employer’s establishment is located. the employer, shall measure quarterly.
(c) Exposure limits.— (1) Permissible (3) Additional monitoring. Whenever soon as possible, work practices to reduce
employee exposure to benzene to or below
airborne exposure limits, (i) The em­ there has been a production, process, or the permissible exposure limit. The work
ployer shall assure that no employee is control change which may result in new practices shall be described in writing
exposed to an airborne concentration of or additional exposure to benzene, or and shall include, among other things,
benzene in excess of 1 part benzene per whenever the employer has any other the following:
million parts of air (1 ppm), as an 8- reason to suspect a change which may (1) Limiting access to work areas
hour time-weighted average. result in new or additional exposures to
where benzene is present to authorized
(ii) The employer shall assure thatbenzene, additional monitoring which personnel only;
no employee is exposed to an airborne complies with paragraph (e )(1 ) of this (ii) Prohibiting smoking and the con­
concentration of benzene in excess of section shall be made. sumption of food and beverages in work
5 ppm as averaged over any 15 minute (4) Employee notification, (i) Within
5 working days after the receipt of meas­ areas where benzene is present; and
period. (iii) Establishing good maintenance
urement results, the employer shall no­
(2) Dermal and eye exposure limit. tify each employee in writing of the and houskeeping including the prompt
Th e employer shall assure that no em­ exposure measurements which represent cleanup of spills, repair of leaks, etc.
ployee is exposed to eye contact or re­ that employee’s exposure. (3) Respiratory projection. Whenever
peated skin contact with benzene. engineering and work practice controls
(ii) Where the results reveal the em­which can be instituted are not sufficient
(d ) Notification of use. Within 30 days
ployee’s exposure to be over the permis­
of the effective date of this section, every sible exposure limit, this notification to reduce exposures to or below the per­
employer who has a place of employment missible exposure limit, they shall be used
shall also include the corrective action
where benzene is present, shall report being taken to reduce exposure to or be­ nontheless to reduce exposurse to the
the following information to the nearest lowest practicable level, and shall be sup­
low the permissible exposure limit. plemented by the use of respirators in ac­
OSHA area office for each such estab­
lishment: (5) Accuracy of measurement. The cordance with paragraph (g) of this
(1) The address and location of each method of measurement shall have an section.
accuracy, to a confidence level of 95 per­ ' (g) Respirators.— (1) Required use.
establishment where employee exposure
cent, of not less than plus or minus 25 The employer shall assure that respira­
to benzene occurs :
percent for concentrations of benzene tors are used where required under this
(2) A brief description of each proc­ greater than or equal to 1 ppm.
section to reduce employee exposure to
ess or operation which may result in
employee exposure to benzene; (6) Employee exposure. For the pur­ or below the permissible exposure limit,
poses o f this section, employee exposure and in emergencies.
(3) The number of employees engaged is that exposure which would occur if (2) Respirator selection, (i) Where
in each process or operation which may the employee were not using a respirator. respirators are required under this sec­
result in exposure to benzene and an
estimate of the frequency and degree (f) Methods of compliance. The em­tion, the employer shall select and pro­
of exposure that results; and ployer shall control employee exposures vide the appropriate respirator from
to airborne concentrations of benzene to Table I below and shall assure that the
(4) A brief description of the employee or below the permissible exposure limit, employee uses the respirator provided.
safety and health program as it relates and shall protect against employee ex­ (ii) The employer shall select respira­
to limitation of employee exposure to posure to eye or repeated skin contact tors from among those approved by the
benzene. with benzene, by engineering controls, National Institute for Occupational
(e) Exposure monitoring and meas­ work practices and personal protective Safety a d Health under the provisions
urement.— (1) Initial monitoring, (i) devices and equipment, as follows: of 30 CFR Part 11.
Each employer who has,a place of em­
ployment where benzene is present, T able I

shall monitor each such workplace and RESPIRATORY PROTECTION POR BENZENE
work operation to determine the airborne C o n c e n t r a t io n o f b e n z e n e
concentrations of benzene to which em­ o r c o n d i t io n o f u se R e s p ir a to r ty p e
ployees may be exposed. This determina­ (1) C h e m ic a l c a r trid g e r e s p ir a to r w it h o rg a n ic
(a) L e s s t h a n o r e q u a l to 10 p p m .
tion shall be made by monitoring and v a p o r c a rtrid g e s a n d h a lf m ask ; o r (2) A n y
measurements which are representative s u p p lie d a ir r e s p ir a to r w it h h a lf m a sk .
of each employee’s exposure to benzene (b ) L e s s t h a n o r e q u a l to 50 p p m . (1) C h e m ic a l c a r trid g e r e s p ir a to r w it h o rg a nic
over an 8-hour period. v a p o r c a rtrid g e s a n d f u l l fa cep iece; o r (2) A n y
(ii) Each employer, who has a place s u p p lie d a ir r e s p ir a to r w it h f u l l facepiece; or
(3) A n y o rg a n ic v a p o r gas m a sk ; o r ( 4 ) A n y
of employment in which benzene is pres­ s e lf- c o n ta in e d b r e a t h in g a p p a ra tu s w it h f u ll
ent, shall inspect each workplace and fa ce p ie ce .
work operation to determine if any em­ (c) Le ss t h a n o r e q u a l to 1,000 p p m — (1) S u p p lie d a ir r e s p ir a to r w it h h a lf m a sk in
ployee may be exposed to benzene p o s it iv e p re ssu re m ode.
through eye contact or repeated skin ( d ) L e ss t h a n o r e q u a l to 2,000 p p m — (1) S u p p lie d a ir r e s p ir a to r w it h f u l l facepiece,
contact. h e lm e t, o r h o o d , i n p o s it iv e p re ssu re mode.
(1) S u p p lie d a ir r e s p ir a to r a n d a u x ilia r y self-
(2) Frequency of monitoring. The (e) L e ss t h a n o r e q u a l to 10,000 p p m — c o n t a in e d fa c e p ie c e i n p o s it iv e p re ssu re mode;
monitoring required under paragraph o r (2) O p e n c ir c u it s e lf- c o n ta in e d b re a th in g
(e) (1) of this section shall be conducted, a p p a r a tu s w it h fu U fa c e p ie c e i n p o s itiv e pres­
and the results obtained, within thirty s u re m o d e.
days of the effective date of this section (/) Escape. (1) A n y o rg a n ic v a p o r gas m ask ; o r (2) A n y self-
and thereafter repeated quarterly for c o n t a in e d b r e a t h in g a p p a ra tu s w it h f u l l face-
employees whose exposure is found to be p ie ce .

FEDERAL REGISTER, VOL. 42 , NO. 85— TUESDAY, MAY 3. 1977

 RULES AND REGULATIONS 22527

(3) Respirator program. The employer (a) The results of the medical test­ (1) This record shall include:
shall institute a respiratory protection ing; (a) The dates, number, duration and
program in accordance with § 1910.134 (b) The physician’s opinion as to results of each of the samples taken,
(b), (d ), (e) and ( f ) . whether the employee has any detected including a description of the sampling
(4) Where air-purifying respirators medical condition which would place the procedure used to determine representa­
are used (cartridge, canister or gas employee at increased risk of material tive employee exposures;
mask), the air-purifying canisters or impairment of the employee’s health (b) A description o f the sampling and
cartridges shall be replaced prior to the from exposure to benzene; analytical methods used;
expiration of their service life or the end (c) Any recommended limitations (c) Type of respiratory protective de­
of the shift in which they are first used, upon the employee’s exposure to ben­ vices worn, if any; and
whichever occurs first. zene or upon the use of protective cloth­ (d) Name, social security number, and
(h> Protective clothing and equip­ ing and equipment such as respirators; job classification of the employee moni­
ment. Where eye or repeated skin con­ and tored and all other employees whose ex­
tact with liquid benzene may occur, em­ (d) A statement that the employee has posure the measurement is intended to
ployers shall provide and assure that been informed by the physician of any represent.
employees wear impermeable protective medical conditions which require further (ii) This record shall be maintained
clothing and appropriate equipment to examination or treatment. during the effective period of this section.
protect the area of the body likely to (ii) The employer shall instruct the (2) Medical surveillance. The employer
come in contact with liquid benzene. physician not to reveal in the written shall establish and maintain an accurate
(i) Medical surveillance. (1) Each em­opinion specific findings or diagnoses un­ record for each employee subject to med­
ployer shall make available a medical related to occupational exposure. ical surveillance as required by para­
surveillance program for all employees (j) Employee inform ation and train­ graph (i) of this section.
who are or will be exposed to benzene. ing.— (1) Training program. Within fif­ (1) This record shall include:
The medical surveillance program shall teen days of the effective date of this sec­ (a ) A copy of the physician’s written
consist o f : tion, the employer shall provide a train­ opinion;
(1) A history which includes past work ing program for employees assigned to (b) Any employee medical complaints
exposures to benzene or any other hema­ workplace areas where benzene is present related to exposure to benzene; and
tologic toxins, a family history o f hema­ and shall assure that each affected em­ (c) A copy of the information pro­
tological neoplasms, a history of blood ployee is informed of the following: vided to the physician as required by
dyscrasias including genetically related (1) The information «contained in the paragraph (i) (4) of this section;
hemoglobin alterations, bleeding abnor­ substance data sheet for benzene which (ii) This record shall be maintained
malities, abnormal function o f formed is contained in Appendix A of this sec­ during the effective period of this section.
blood elements, a history of renal or liver tion; (3) Availability, (i) All records re­
dysfunction, a history of drugs routinely (ii) The quantity, location, manner of quired to be maintained by this section
taken, alcoholic intake and systemic in­ use, release or storage of benzene and shall be made available upon request to
fections; the specific nature of operations which the Assistant Secretary and the Director
(ii) A complete blood count including could result in exposure above the per­ for examination and copying.
a differential white blood cell count; and missible exposure limit, as well as nec­
(iii) Additional tests shall be con­ essary protective steps; (ii) Employee exposure measurement
ducted where, in the opinion o f the ex­ records as required by this section shall
(iii) The purpose, proper use, and lim­ be made available for examination and
amining physician, alterations in the itation of respiratory devices as specified
components o f the blood are related to in § 1910.134; copying to affected employees, and their
designated representatives.
benzene exposure. (iv) The purpose and a description of
(2) All medical procedures shall be the medical testing program required by (iii) Former employees and the em­
performed by or under the supervision paragraph (i) o f this section and the ployees’ designated representatives shall
of a licensed physician, and shah be pro­ information contained in Appendix C have access to such records as will in­
vided by the employer without cost to of this section; and dicate their own exposure to benzene.
the employee. (iv) Employee medical records re­
(v ) The contents of this standard. quired to be maintained by this section
(3) Medical surveillance and testing (2) Access to training materials, (i)
of each employee shall be conducted The employer shall make a copy of this shall be made available upon request
within thirty days o f the effective date standard and its appendixes readily for examination and copying to a physi­
of this section, and quarterly thereafter. available to all affected employees. cian designated by the affected em­
If an employee is accidently or otherwise ployee or former employee.
exposed to benzene by ingestion, inhala­ (ii) The employer shall provide, upon (m ) Observation of monitoring.— (1)
tion, skin or eye contact, or for any request, all materials relating to the em­ Employee observation. The employer
reason, an employee develops signs and ployee information and training program shall provide affected employees, or their
symptoms commonly associated with ex­ to the Assistant Secretary and the D i­ designated representatives, an opportu­
posure to benzene, the employer shall rector. nity to observe any measuring or moni­
provide appropriate medical examina­ (k) Signs. (1) The employer shall post toring of employee exposure to benzene
tions and emergency treatment. signs to clearly designate all work areas conducted pursuant to paragraph (e) of
(4) Inform ation provided to the physi­ where benzene may be present, bearing this section.
cian. The employer shall provide the fo l­ the legend: DANGER (2) Observation procedures, (i) When
lowing information to the examining observation o f the measuring or moni­
BENZENE
Physician: toring of employee exposure to benzene
(i) A copy of this regulation and its CANCER HAZARD requires entry into an area where the
appendixes; (2) Where the permissible exposure use of protective clothing and equip­
(ii) A description of the affected em­ limit is exceeded, the signs shall also in­ ment or respirators is required, the em­
ployee’s duties as they relate to the em­ clude the legend: Respirator required. ployer shall provide the observer with
ployee’s exposure; (3) The employer shall assure that no personal protective devices required to
(iii) The employee’s representative ex­ statement appear on or near any re­ be worn by employees working in the
posure level; and quired sign which contradicts or detracts area, assure the use of such equipment,
(iv) A description of any personal pro­ from the required information. and require the observer to comply with
tective equipment used or to be used. (l) Recordkeeping.— (1) Exposure all other applicable safety and health
(5) Physician's written opinion, (i) measurements. The employer shall estab­ procedures.
The employer shall obtain a written lish and maintain an accurate record of (ii) Without interfering with the
opinion from the examining physician all measurements required by paragraph measurement, observers shall be entitled
which shall include: (e ) of this section. to:

FEDERAL REGISTER, VOL. 42 , NO. 85— TUESDAY, MAY 3, 1977

 22528
(a) Receive an explanation of the
measurement procedures;
(b) Observe all steps related to the
measurement of airborne concentrations
of benzene performed at the place of ex­
posure; and
(c) Record the results obtained.
(n) Effective date: This section shall
become effective May 21, 1977.
(o) Appendixes. The information con­
tained in the appendixes is not intended,
by itself, to create any additional obliga­
tions not otherwise imposed or to detract
from any existing obligation.
I. SUBSTANCE ID E NTIFIC ATIO N
A ppendix A— Substance Safety D ata Sheet
BENZENE
A. Substance. Benzene.
B. Permissible Exposure. Except as to retail
gasoline stations and operations which use
liquids containing benzene in amounts
greater than 1% by volume, or the benzene
vapor released by any such liquids.
1. Airborne. 1 part of benzene vapor per
m illion parts o f air (1 ppm ); time-weighted
average (T W A ) for an 8-hour workday for
a 40-hour week, with a ceiling concentration
o f 5 ppm.
2. Dermal. Eye contact and repeated skin
contact with liquid benzene shaU be pro­
hibited.
C. Appearance and odor. Benzene is a clear,
colorless liquid with a pleasant, sweet odor.
The odor of benzene does not provide ade­
quate warning of its harzard.
II. H E A LTH HAZARD DATA
A. Ways in which the benzene affects your
health. Benzene can affect your health if you
inhale it, or i f it comes in contact with your
skin or eyes. Benzene may also be harmful
i f you happen to swallow it.
B. Effects o f overexposure. 1. Short-term
(acute) overexposure: I f you are overex­
posed to high concentrations o f benzene,
well above the levels where its odors are
first recognizable, you may feel breathless,
Irritable, euphoric, or giddy; you may ex­
perience irritation in eyes, nose, and respira­
tory tract. You may develop a headache,
feel dizzy, nauseous, or experience unsteadi­
ness in walking. Severe exposures may lead
to convulsions.
2. Long-term (chronic) exposure: Re­
peated and prolonged exposure of benzene
may cause headache, fatigue, exhaustion,
tendency to bleed, nervoushess, sleepless­
ness, shortness o f breath, and serious blood
disorders, including leukemia.
m. PROTECTIVE CLOTHING AND EQ U IPM ENT
A. Respirators. Respirators are required for
those operations in which engineering con­
trols or work practice controls are not avail­
able to reduce exposure to the permissible
level. I f respirators are worn, they must have
a National Institute for Occupational Safety
and Health (NIOSH) seal o f approval. I f you
experience difficulty breathing while wear­
ing a respirator, tell your employer.
B. Protective Clothing. You must wear im­
pervious protective clothing (such as boots,
gloves, sleeves, aprons, etc.) over any parts
o f your body that could be repeatedly ex­ cyclohexatriene, phene, phenyl hydride, py-
posed to liquid benzene.
O. Eye and Face Protection. You mustbenzine, do not contain benzene).
wear splash proof safety goggles if it is
possible that benzene may get into your
eyes. In addition, you should wear a face
shield i f your face could be splashed with
benzene liquid.
FEDERAL REGISTER, VOL. 42 , NO. 85— TUESDAY, MAY 3, 1977
RULES AND REGULATIONS
IV . EMERGENCY AND FIRST AID PROCEDURES 2. Specific Gravity ( water= 1 ) :0.879.
A. Eye and face exposure. I f benzene is 3. Vapor Density (a ir= 1 ) :2.7.
splashed in your eyes, wash it out immedi­ 4. Melting Point: 5/5 C (42F).
ately with large amounts of water. Call a 5. Vapor Pressure at 20 C (68F) :75 mm Hg.
6. Solubility in Water: .06%.
doctor as soon as possible.
7. Evaporation Rate (e t h e r = l) :2.8.
B. Skin exposure. I f benzene is spilled on
your clothing or skin, remove the con­ 8. Appearance and Odor: Clear, colorless
liquid with a distinctive sweet odor.
taminated clothing and wash the exposed
skin with large amounts o f water and soap II. FIRE, EXPLOSION AND REACTIVITY HA7ABn
immediately. Wash contaminated clothing DATA
before you wear it again.
C. Breathing. I f you or any other person A. Fire. 1. Flash Point (closed c u p ): —11 C
breathes in large amounts o f benzene, get ( 12F).
the exposed person to fresh air at once. 2. Autoignition Temperature: 580 C
Apply artificial respiration if breathing has (1076F).
3. Flammable Limits in Air, % by Volume:
stopped. Call a doctor as soon as possible.
Lower: 1.3% Upper: 7.1%.
D. Swallowing. I f benzene has been swal­
4. Extinguishing Media: Carbon dioxide,
lowed and the patient is conscious, do not
dry chemical, or foam.
Induce vomiting. Call a doctor immediately.
5. Special Fire-Fighting^Procedures: Do not
V. MEDICAL REQUIREMENTS use solid stream of water, since stream will
scatter and spread fire. Water spray can be
I f you are exposed to benzene your em­ used to keep fire exposed containers cool.
ployer is required to provide the following 6. Unusual fire and explosion hazards:
medical procedures within thirty days o f the Benzene Is a flammable liquid. Its vapors
effective date o f this Standard, consisting o f
can form explosive mixtures. A ll ignition
a medical history and laboratory tests. These
sources must be controlled when benzene
tests shall be provided without cost to you.
is used, handled, or stored. Where liquid or
vapor may be released, such areas shall be
V II. OBSERVATION OF M O N ITO RING
considered as hazardous locations. Benzene
Your employer is required to perform vapors are heavier than air; thus the vapors
measurements that are representative of may travel along the ground and be ignited
your exposure to benzene and you are en­ by open flames or sparks at locations remote
titled to observe the monitoring procedure.
from the site at which benzene is handled.
You are entitled to receive an explanation
7. Benzene is classified as a 1 B flammable
o f the measurement procedure, observe the
liquid for the purpose of conforming to the
steps taken in the measurement procedure,
requirements of 29 CFR 1910.106. A concen­
and to record the results obtained. When the
monitoring procedure is taking place in an tration exceeding 3250 ppm is considered a
potential fire or explosion hazard. Locations
area where respirators or personal protective
clothing and equipment are required to be where benzene may be present in quantities
worn, you must also be provided with, and sufficient to produce explosive or ignitable
mixtures are considered Class 1 Group D for
must wear the protective clothing and
equipment. the purposes of conforming to the require­
ment Of 29 CFR 1910.309.
V III. ACCESS TO RECORDS B. Reactivity. 1. Conditions contributing
to instability: Heat.
You or your representative are entitled to
2. Incom patibility: Heat and oxidizing
see the records of measurements o f your ex­
posure to benzene upon request to your em­ materials.
ployer. Your medical examination records 3. Hazardous decomposition products:
can be furnished to your physician upon re­ Toxic gases and vapors (such as carbon
quest to your employer. m onoxide).
IX. PRECAUTIONS FOR SAFE USE, H AN D LIN G AND in. S PIL L AND L E A K PROCEDURES
STORAGE A. Steps to be taken if the material is re­
Benzene liquid is highly flammable. I t leased or spilled. Large amounts of water
should be used to flush the spills. Do not
should be stored in tightly closed containers
flush benzene into confined space, such as
in a cool, well ventilated area. Benzene vapor
may form explosive mixtures in air. All a sewer, because of explosion danger. Re­
sources o f Ignition must be controlled. You move all ignition sources. Ventilate enclosed
should use non-sparking tools when opening places.
or closing benzene containers. You must B. Waste Disposal Method. Disposal meth­
ground or bond metal benzene containers. ods must conform to other jurisdictional
Fire extinguishers, where provided, must be regulations. I f allowed, benzene may be dis­
readily available and you should know where posed o f: (a ) By absorbing it in dry sand or
they are located and how to operate them. earth and disposing in a sanitary land fill;
Smoking is prohibited in areas where ben­ (b ) if small quantities, by removing it to a
zene is used or stored. Ask your supervisor safe location from buildings or other com­
where benzene Is used on your work area and bustible sources, pouring it in dry sand or
for additional plant safety rules. earth and cautiously igniting it; (c ) i f large
quantities, by atomizing it in a suitable
Appendix B— Substance T echnical
G uidelines combustion chamber.
BENZENE IV. MO NITO RING AND MEASUREMENT
Procedures
I. PH Y SIC A L AND CHEM ICAL DATA
A. Normal Monitoring Program: Measure­
A. Substance Identification ments taken for the purpose of determining
1. Synonyms. Benzol, benzole, coal naptha, employee exposure are best taken such that
the representive average 8-hour exposure
robenzol. (Benzin, petroleum benzin, and may be determined from a single 8-hour
sample or two (2) 4-hour samples. Short-
2. Formula. C6H6 (CAS Registry Number: time interval samples (or grab samples) may
000071432) also be used to determine average exposure
t B. Physical Data level if a minimum of five (5) measurements
1. Boiling point (760 mm H g ): 80.1 C is taken in a random manner over the 8-hour
(176F). work shift. Random sampling means that
 RULES AND REGULATIONS 22529

any portion of the work shift has the same in. SIGNS AND SYM PTO M S Symptoms o f non-specific nervous disturb­
chance of being sampled as any other. The ances may persist following severe exposures.
Benzene is poorly absorbed through the Recovery from m ild exposures is usually
arithmetic average of all such random skin, however, direct contact may cause rapid and complete.
samples taken on one (1) work shift is an erythema or blistering. Repeated or pro­
estimate o f an employee’s average level of longed contact may result in drying, scaling, V. SURVEILLANCE AND PREVENTIVE
exposure for that work shift. NIOSH recom­ dermatitis, or precipitate development of CONSIDERATIONS
mends that samples be collected at a sam­ secondary skin infections. Local effects of
pling rate of one liter per minute for a m ini­ A. Other considerations. Benzene can cause
benzene vapor or liquid on the eye are slight. both acute and chronic effects. I t is impor­
mum of two hours. Air samples should be Only at very high concentrations is there
taken in the employee’s breathing zone (air tant that the physician become fam iliar with
any smarting sensation in the eye. Droplet the operating conditions in which exposure
that would nearly represent that inhaled by contamination o f the eye by benzene causes
the em ployee). Sampling and analysis should to benzene occurs. Those with skin disease
a moderate burning sensation, but only
be performed by gas absorption tubes with may not tolerate the wearing o f protective
slight transient injury o f the epithelial cell,
subsequent chemical analysis, by gas clothing and those with chronic respiratory
with the eye recovering rapidly. Inhalation
chromatography o f those areas most likely disease may not tolerate the wearing o f nega­
of high concentrations of benzene may have
to represent the highest airborne concen­ tive pressure respirators.
an initial stimulatory effect on the central
tration o f benzene where employees are B. Surveillance and screening. Medical his­
nervous system characterized by exhilaration,
exposed. Methods meeting the prescribed tories and laboratory examinations are re­
nervous excitation, and/or giddiness, fo l­
accuracy and precision requirements are lowed by a period o f depression, drowsiness, quired for each employee subject to exposure
available in the “ NIOSH Manual o f Analyt­ fatigue, or vertigo. There may be sensation to benzene. The employer must screen em­
ical Methods.” o f tightness in the chest accompanied by ployees for history of certain medical condi­
breathlessness and ultimately the victim tions (listed below) which m ight place the
V. MISCELLANEOUS PRECAUTIONS
may lose consciousness. Convulsions and employee at increased risk from exposure.
A. High Exposures to benzene can occur tremors occur frequently, and death may 1. Liver disease. The primary site o f bio­
when transferring the liquid from one con­ follow from respiratory paralysis or circula­ transformation and detoxification of benzene
tainer to another. Such operations should be tory collapse in a few minutes to several is the liver. Liver dysfunctions likely to in­
well ventilated and good work practices hours following severe exposures. The insid­ hibit the conjugation reactions will tend to
should be established to avoid spills. ious and often irreversible effect on the promote the toxic actions o f benzene. These
precautions should be considered before ex­
B. Non-sparking tools should be used to blood-forming system o f prolonged exposure
posing persons with impaired liver function
open benzene containers which should be to small quantities o f benzene vapor is of to benzene vapors.
effectively grounded and bonded prior to extreme importance. These effects have been 2. Renal disease. Although benzene is not
opening and pouring. noted to occur at concentrations o f benzene
known as a kidney toxin the importance of
0. Employers should advise employees of which may not cause irritation o f mucous the organ in the elimination o f toxic sub­
all plant areas and operations where ex­ membranes, or any Unpleasant sensory e f­ stances and metabolites justifies special con­
fects. Early signs and symptoms o f benzene
posure to benzene could occur. A few of the
morbidity are varied and vague, and not sideration in those with possible impairment
common operations in which high exposures
specific for benzene exposure. Subjective of renal function.
to benzene may be encountered are: manu­ 3. Skin disease. Benzene is a defatting
complaints o f headache, dizziness, and loss
facture of styrene, phenol, cyclohexane, pes­
of appetite may precede or procédé clinical agent and can cause dermatitis on prolonged
ticides, and detergents. symptomology. Bleeding from the nose, exposure. Persons w ith preexisting skin dis­
Appendix C— M edical Surveillance gums, or mucous membranes and the devel­ orders may be more susceptible to the effects
G uidelines for Benzene opment o f purpuric spots may occur as the of benzene.
condition progresses. Rapid pulse and low 4. Blood dyscrasias. Benzene is a hema­
I. ROUTE OF EN TRY
blood pressure in addition to a physical ap­ topoietic depressant. Persons with existing
Inhalation; possible skin absorption. pearance o f anemia may accompany a sub­ blood disorders may be more susceptible to
jective complaint o f shortness o f breath. the effects o f benzene.
n . TOXICOLOGY Clinical evidence o f leucopenla and anemia REFERENCES
Benzene is primarily an inhalation haz­ are the most common abnormalities re­
ard. Systemic absorption cause depression of ported, however, macrocytosis and thrombo­ 1. Grant, W. Morton: Toxicology o f the
the hematopoietic system. Inhalation of high cytopenia are also frequently present. Bone Eye, (Second Edition), Charles C. Thomas,
concentrations can affect the central nerv­ marrow may appear normal, aplastic, or hy­ Illinois, 1974, page 655.
ous system function. Aspiration of small perplastic and may not in all situations cor­ 2. Browning, E thel: Toxicity and Metabo­
amounts o f liquid benzene immediately relate with peripheral blood findings indi­ lism o f Industrial Solvents, Elsevzer Publish­
causes pulmonary edema and hemorrhage of cating hypo-hyper-activity o f blood forming ing Company, Amsterdam, 1965, pp. 440-442.
pulmonary tissue. Skin absorption through tissues. There are great variations in the 3. Patty, F. A.: Industrial Hygiene and
intact skin is negligible. However, absorp­ susceptibility to benzene morbidity which Toxicology, Volume II-Toxicology, Intersci­
tion, will be accelerated in the case o f in­ prohibits the identification o f “ typical” ence Publishers, New York, 1593, pp. 1756-
jured skin, and benzene may be more readily blood picture. The effects o f prolonged ben­ 1758.
absorbed if it is present in a mixture or as zene exposure may appear after several 4. Gerade, H. W.: Toxicology and Biochem­
a contaminate in solvents which are readily weeks or years after the actual exposure has istry of Aromatic Hydrocarbons, Elsevzer
absorbed. Defatting action o f benzene may ceased. Development o f leukemia also re­ Publishing Company, Amsterdam, 1960, pp.
produce primary irritation upon repeated or sults from exposure to benzene. 98-108.
prolonged contact with the skin. High con­ IV . TREATMENT (Secs. 4, 6, 8, 84 Stat. 1593, 1599 (29 U.S.C.
centrations are Irritating to the mucous 653, 655, 657); Secretary o f Labor’s Order 8-76
Remove from exposure immediately, give (41 F R 25059); 29 CFR Part 1911.)
membranes o f the eyes, nose, and respiratory oxygen or artificial resuscitation if indicated.
tract. Flush eyes and wash contaminated skin. [FR Doc.77-12726 Filed 4-29-77; 10:55 am]

FEDERAL REGISTER. VOL. 42, NO. 85— TUESDAY, MAY 3, 1977

 TUESDAY, MAY 3, 1977
PART V

INTERSTATE
COMMERCE
COMMISSION

C H IC A G O A N D NORTH
W ESTERN
TRAN SPO RTATIO N C O .

System Diagram M ap
 22532
INTERSTATE COMMERCE
COMMISSION
[AB 1 (SDM) l]
CHICAGO AND NORTH WESTERN
TRANSPORTATION CO.
System Diagram Map
Notice is hereby given that, pursuant
to the requirements contained in Title 49
of the Code o f Federal Regulations, Part
1121.22, that the Chicago and North
Western Transportation Company, has
filed with the Commission its color-coded
system diagram map in docket No. AB-1
(SD M ). The maps reproduced here in
black and white are reasonable repro­
ductions o f that system map and the
Commission on April 22, 1977, received a
certificate o f publication as required by
said regulation which is considered the
effective date on which the system dia­
gram map was filed.
Color-coded copies of the map have
been served on the Governor o f each
state in which the railroad operates and
the Public Service Commission or similar
agency and the State designated agency.
Copies of the map may also be requested
from the railroad at a nominal charge.
The maps also may be examined at the
office o f the Commission, Section of
Dockets, by requesting docket No. AB-1
(S D M ).
R obert L. O s w a l d ,
Secretary.
C h ic a g o a n d N o r t h W e s t e r n T r a n s p o r t a t io n
Co.
AB-1
Description o f all lines or portions o f lines
identified on the Chicago and North Western
Transportation Company System Diagram
Map as falling within Categories 1 thru 3.
49 CFR Section 1121.21.
Catego ry 1
A ll lines or portions of lines w h ic h th e
Chicago and North Western Transportation
Company anticipates w ill be the subject of
an abandonment or discontinuance appli­
cation to be filed within the 3-year period
following the date upon which the diagram,
or any amended diagram, is filed with the In ­
terstate Commerce Commission. 49 C.F.R.
Section 1121.20(b) (1 ).
IL L IN O IS
(a ) Rockford to Winnebago (Westerly 6.9
miles o f Belvidere Subdivision).
(b ) Entire segment is located In Illinois.
(c ) Entire segment is located in Winne­
bago County.
(d ) M.P. 93.5 to M.P. 100.4
(e ) No agency station located on this segJ
ment. Closed station o f Winnebago served by
central agency at Rockford.
Comment: Proposal does not include any
industries located at Rockford.
(a ) Sycamore to Byron (Westerly 30.8
miles o f Ingalton Subdivision and portion of
former C.G.W. Ry. Chicago to Omaha L in e ).
(b ) Entire segment is located in State o f
Illinois.
(c ) Entire segment is located in DeKalb
and Ogle Counties.
(d ) M.P. 57.5 to M.P. 88.3.
1AB 1 (SDM) includes Des Moines and Cen­
tral Iowa Railway Company and Central Iowa
Railway Company and Port Dodge, Des
Moines & Southern Railway Company.
FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, MAY 3, 1977
NOTICES
(e ) Central agent at Byron responsible (b ) Entire segment is located in the State
for associate station o f Esmond and closed of Iowa.
stations of Clare, Lindenwood, and Holcomb. (c) Entire segment is located in Tama
Central agent at Sycamore (unaffected) County.
served closed station at Five Points. (d ) 12.1 to M.P. 18.5.
Comment: Proposal does not include in­ (e ) None.
dustries located at Sycamore. Comment: Proposal does not include in­
(a) Ringwood, Illinois to Lake Geneva, dustries located at Garwin or Gladbrook.
Wisconsin (Westerly 17.4 miles o f Lake Ge­ (a) Marathon to Alton (59.2 mile portion
neva Subdivision). of Sioux Rapids Subdivision).
(b ) Segment is located in the States o f I l ­ (b ) Entire segment is located in the State
linois and Wisconsin. of Iowa.
(c ) The entire segment is located in Mc­ (c ) Entire segment is located in Buena
Henry County, Illinois and Walworth Vista, Clay, O’Brien and Sioux Counties.
County, Wisconsin.
(d ) M.P. 157.3 to M.P. 216.5.
(d ) M.P. 69.2 to M.P. 86.6. (e ) Central agent at Sioux Rapids is re­
(e ) Agents located at Lake Geneva and sponsible for associate stations o f Linn Grove
Genoa City. Agent at Lake Geneva served and Peterson. Central agent at Alton (un­
closed station o f Pell Lake. Agent at McHenry affected) is responsible for associate stations
(unaffected) is responsible for associate sta­ of Sutherland, Paullina, and Granville.
tion of Richmond. Comment: Proposal does not Include in­
Comment: Proposal does not Include in­ dustries located at Marathon or Alton. ■
dustries located at Ringwood. (a) Humboldt to LuVerne (13.7 mile por­
(a ) Elgin to Dundee (3.0 mile portion of tion o f Forest City Subdivision).
Dundee Subdivision).
(b ) Entire segment is located in the State
(b ) Entire segment is located in the State o f Iowa.
of Illinois. (c ) Entire segment is located in Humboldt
(c ) Entire segment is located in Kane County.
County. (d ) M.P. 201.5 to M.P. 187.8.
(d ) M.P. 43.8 to M P . 46.8. (e ) Central agent at LuVerne (unaffected)
(e ) None. is responsible for associate station of Liver­
Comment: Proposal does not Include in­ more and closed station o f Arnold.
dustries located at Elgin and Dundee. Comment: Proposal does not Include in­
dustries at Humboldt or LuVerne.
IO W A
(a ) Corwlth to Lake Mills (Northerly 38.7
(a ) JLake View to Holstein (Westerly 41.1 miles of Forest City Subdivision).
miles o f Holstein Subdivision). (b ) Entire segment is located in the State
(b ) Entire segment is located in the State o f Iowa.
o f Iowa. (c ) Entire segment is located in Hancock
(c ) Entire segment is located in Sac and and Winnebago Counties.
Ida Counties. (d ) M.P. 178.0 to M.P. 139.3.
(d ) M.P. 4.5 to M.P. 45.6. (e ) Central agent at Forest City is respon­
(e ) Central agent at Wall Lake (unaf­ sible for associate station of Leland. Central
fected) is responsible for associate stations of agent located at Britt.
Sac City, Early, Schaller, Galva, and Holstein. Comment: Proposal does not Include in­
Comment: Proposal does not include in­ dustries located at Corwith and Lake Mills.
dustries located at Lake View. (a ) Oelwein to Dubuque (69.3 mile portion
(a ) Minerva Junction to Zearlng (Easterly o f Dubuque Subdivision).
19.1 miles of Roland Subdivision). (b ) Entire segment is located in the State
(b ) Entire segment is located in the State o f Iowa.
o f Iowa. (c ) Entire segment is located in Fayette,
(c ) Entire segment is located in Marshall Buchanan, Delaware and Dubuque Counties.
and Story Counties. (d ) M.P. 245.0 to M.P. 175.7.
(d ) M.P. 240.0 to M.P. 259.1. (e ) Central agent at Dubuque (unaffected)
is responsible for associate station of Dyers-
(e ) Central agent at Clemons Grove is re­
sponsible for closed stations o f St. Anthony, ■ville and closed stations of Durango, Graf,
Zearlng, and Minerva. Central agent at Mar­ Farley, Petersburg, and Almoral. Central
shall town (unaffected) is responsible for agent at Oelwein (unaffected) is responsible
closed station o f Keller. for associate station o f Aurora and closed
(a ) Ellsworth to Lawn Hill (Easterly 21.0 stations o f Thorpe, Dundee, Lamont, and
miles of Ellsworth Subdivision). Stanley.
(b ) Entire segment is located in the State Comment: Proposal is contingent on agree­
o f Iowa. ment with C.M.St.P.&P. RR. for trackage
(c ) Entire segment is located in Hamilton rights between Clinton, Iowa and Dubuque.
and Hardin Counties. Proposal does not include Industries located
at Dubuque or Oelwein.
(d ) M.P. 66.4 to M.P. 44.4
(e ) Central agent at Jewell (unaffected) (a ) Grand Junction to Minburn (North­
is responsible for associate stations of Rad- erly 21.6 miles o f Perry Subdivision) .
cliffe and Hubbard. Central agent at Eldora (b) r Entire segment is located in the State
(unaffected) is responsible for associate sta­ of Iowa.
tion o f Lawn Hill. (c ) Entire segment is located in Greene,
Comment: Proposal does not Include in­ Boone and Dallas Counties.
dustries located at Ellsworth. (d ) M.P. 260.8 to M.P. 282.4.
(a) Hicks to Buckingham (Southern 9.3 (e ) Central agency at Grand Junction
(unaffected) is responsible for associate sta­
miles of Parkersburg Subdivision).
(b ) Entire segment is located in the State tions o f Rippey and Perry and closed sta­
o f Iowa. tion of Augus.
Comments: Proposal does not include in#
(c ) Entire segment is located in Black-
hawk and Tama Counties. dustrles at Grand Junction or Minburn. Pro­
posal is contingent on C.R.I.&P. abandoning
(d ) M.P. 38.1 to M.P. 28.8
(e ) Central agent at Reinbeck (unaffected) operations over this trackage.
is responsible for associate station of Buck­ (a ) Ayrshire to Terril (Northerly 34.0 miles
ingham and closed station o f Voorhies. o f Tara subdivision).
Comment: Proposal does not include in­ (b ) Entire segment is located in the State
dustries located at Hicks. of Iowa.
(a ) Garwin to Gladbrook (6.4 mile portion (c ) Entire segment is located in Palo Alto,
of Alden Subdivision). Clay, and Dickinson Counties.
 NOTICES 22533

M INNE SO TA (e ) Central agent at Hopkins (unaffected)

(d ) M.P. 217.3 to M.P. 182.5. is responsible for associate stations of Deep-
(e) Central agent at Spencer is responsi­ (a) Lake Crystal to Winnebago (24.6 haven, Excelsior, Manitou, Victoria, Waconia,
ble for associate station o f Terril and ciosed miles— entire Winnebago Subdivision). and Young America.
stations o f Ruthven and Langdon. (b ) Entire segment is located in,the State Comments: Proposal does not include in ­
Comment: Proposal does not include in­ of Minnesota. dustries located at Hopkins or Norwood. Pro­
dustries located at Ayrshire. (c ) Entire segment is located in Blue posal is contingent on agreement with
(a) Gypsum to Flugstad (Westerly 11.9 Earth and Faribault Counties. C.M.St.P.&P. RR. for trackage rights between
miles of Flugstad Subdivision). (d ) M.P. 0.0 to M.P. 24.6. Minneapolis and Norwood.
(b ) Entire segment is located in the State (e) Central agent at Mankato (unaffected) (a ) Northfield to Faribault (12.3 mile por­
of Iowa. ' „ . is responsible for associate stations of tion of Red Wing Subdivision).
(c ) Entire segment is located in Webster Garden City, Vernon Center, Amboy, and (b ) Entire segment is located in the State
and Hamilton Counties. Winnebago. o f Minnesota.
(d ) M.P. 1.8 to M.P. 13.7. Comment: Proposal does not include in­ (c ) Entire segment is located in Rice
(e) Central agent at Ford Dodge (unaf­
dustries located at Lake Crystal. County.
fected) is responsible for closed stations of (a ) Heron Lake to Lake Wilson (36.6 (d ) M.P. 58.1 to M.P. 45.8.
Evanston, Brushy, and Flugstad. miles— entire Slayton Subdivision). (e ) Central agent at Randolph (unaf­
Comment: Proposal does not include ln-
(b ) Entire segment is located in the State fected) is responsible for associate station
dustries'at Gypsum. of Dundas and closed station of Bridge-
(a) Jewell to Stratford (Easterly 14.6 miles of Minnesota.
(c ) Entire segment is located in Jackson, water.
of Dayton Subdivision). Comments: Proposal does not include in­
(b) Entire segment is located in the State Nobles, and Murray Counties. dustries located at Northfield or Faribault.
(d ) M.P. 0.0 to M.P. 36.6.
of Iowa. (e ) Central agent at Worthington (un­ Proposal is contingent on agreement with
(c) Entire segment is located in Hamilton C.M.St.P.&P. R.R. for trackage rights between
affected) Is responsible for associate stations
and Webster Counties. of Dundee, Lime Creek, Avoca, Slayton, Northfield to Faribault.
(d ) M,P. 69.4 to M.P. 84.0.
(e) Central agent at Gowrie (unaffected) Hadley, and Lake Wilson. NEBRASKA
is responsible for associate stations o f Stan­ Comment: Proposal does not include in­
dustries located at Heron Lake. (a ) Blair to Tekamah (Southerly 17.4
hope and Stratford. (a) Bingham Lake to Currie (38.6 miles— miles o f Lyons Subdivision).
Comment: Proposal does not include in ­
entire Currie Subdivision). (b ) Entire segment is located in the State
dustries located at Jewell.
(a) Harcourt to Dayton (Westerly 5.1 (b ) Entire segment located in the State of Nebr ska.
of Minnesota. (c ) Entire segment is located in Wash­
miles of Dayton Subdivision).
(b ) Entire segment is located in the State (c ) Entire segment located in Cottonwood ington and Burt Counties.
and Murray Counties. (d ) M.P. 98.1 to M.P. 80.7.
of Iowa. __. (d ) M.P. 0.0 to M.P. 38.3. (e ) Central agent at Blair (unaffected)
(c) Entire segment is located in Webster
(e ) Central agent at Windom (unaffected) is responsible for associate stations o f Her­
County.
(d) M.P. 98.0 to M.P. 92.9. is responsible for associate stations o f Delft, man and Tekamah, and closed station of
(e) Central agent at Gowrie (unaffected) Jeffers, Storden, Westbrook, Dovray, and Ranch Spur.
Currie. Comment: Proposal does not include in­
is responsible for associate station o f Dayton.
Comment: Proposal does not include in­ Comment: Proposal does not include in­ dustries located at Blair.
dustries located at Bingham Lake. (a ) Fremont to Lincoln (48.3 mile por­
dustries at Harcourt.
(a) Trimount, Minnesota to Estherville, (a) St. James to Hanska (Northerly 13.4 tion of Lincoln Subdivision).
(b ) Entire segment is located in the State
Iowa (southerly 26.5 miles of Estherville Sub­ miles of Hanska S p u r).
division) . (b ) Entire segment is located in the State of Nebraska.
(c ) Entire segment is located In Dodge,
(b) Entire segment is located in the States of Minnesota.
(c ) Entire segment is located in Watonwan Saunders, and Lancaster Counties.
of Minnesota and Iowa. (d ) M.P. 39.2 (UP R R ) to M.P. 48.5.
(c) Entire segment is located in Martin and Brown Counties.
(d ) M.P. 125.2 to M.P. 111.8. (e ) Central agent at Fremont (unaffected)
County, Minnesota and Emmet County, Iowa. is responsible for associate station of Cedar
(d) M.P. 142.4 to M.P. 168.9. (e ) Central agent at St. Jame3 (unaffected)
(e) Central agent at Spencer (unaffected) is responsible for associate stations of La­ Bluffs. Central agent at Lincoln (unaffected)
is responsible for associate stations o f Wahoo
is responsible for associate stations o f Dun- Salle and Hanska.
nell, Estherville and closed station of Hunt­ Comment: Proposal does not include in ­ and Ceresco, and closed stations o f Colon
and Davey.
ington. Central Agent at St. James (unaf­ dustries located at St. James. Comments: Proposal is contingent on
fected) is responsible for associate station (a ) Trimount to Ormsby (Northerly 4.7
miles o f Estherville Subdivision). agreements with U.P. RR. and M.P. RR. for
of Sherburn. trackage rights between Fremont and L in ­
Comment: Proposal does not include in­ (b ) Entire segment is located in the State
o f Minnesota. coln. Proposal does not include industries
dustries located at Trimount. located at Fremont or Lincoln.
1 (a ) Camp Dodge to Granger (northerly 7.2 (c ) Entire segment is located in Martin
(a ) Elkhorn Jet. to Blair (22.4 mile por­
miles of Des Moines and Central Iowa Rail­ and Watonwan Counties. tion o f Sioux City Subdivision).
(d ) M.P. 140.7 to MJP. 136.0.
way). (b ) Entire segment is located in the State
(e ) Central agent at St. James (unaf­
(b) Entire segment is located in the State
fected) is responsible for associate station of Nebraska.
of Iowa. (c ) Entire segment is located in Douglas
o f Ormsby.
(c) Entire segment is located in Dallas and Comment: Proposal does not include in ­ and Washington Counties.
Polk Counties. dustries located at Trimount. (d ) M.P. 121.6 to M.P. 9912.
(d) M.P. 11.4 to M.P. 18.6. (a ) Trimount, Minnesota to Estherville, (e ) Central agent at Omaha (unaffected)
(e) Central agent at Des Moines (unaf­ Iowa. Line description is on Page 11 (Io w a ). is responsible for associate station of Flor­
fected) is responsible for associate stations of (a ) Rochester to Stewartville (12.6 mile ence and closed station o f Ft. Calhoun.
Granger and Herrold. portion of Rochester Subdivision). Comment: Proposal does not include in­
Comment: Proposal does not include in­ (b ) Entire segment is located in the State dustries located at Blair or Omaha (Elkhorn
dustries at Camp Dodge. of Minnesota. Jet. is a Junction point in Om aha).
M IC H IG A N (c ) Entire segment is located in Olmsted
SOUTH DAKOTA
County.
(a) Ishpeming to Martin’s Landing (W est­ (a) Jolly to Jolly Dump (3.7 miles— entire
erly 15.1 miles o f Martin’s Landing Spur). (d ) MJ>. 146.0 to M.P. 158.6.
(b) Entire segemnt is located in the State (e ) Central agent at Rochester (u n af­ Jolly Dump S p u r).
fected) is responsible for associate stations (b ) Entire segment is located in the State
of Michigan. o f South Dal^pta.
(c) Entire segment is located in Marquette o f Simpson and Stewartville. (c ) Entire segment is located in Butte
County. Comment: Proposal does not include in­
County.
(d) M.P. 74.5 (L.S.&I. R R .) to M.P. 196.6. dustries located at Rochester. (d ) M.P. 0.0 to M.P. 3.7.
(e) Central agent at Ishpeming (unaf­ (a ) , Hopkins to Norwood (Easterly 31.4 (e ) Central agent at Belle Fourche (un­
fected) 1s responsible for closed stations of miles o f Morton Subdivision). affected) is responsible for associate station
Clowry, Martin’s Landing, and Blueberry (b ) Entire segment is located in the State o f Jolly Dump.
Mine. ‘ o f Minnesota. (a ) Redfield to Frankfort (Easterly 9.7
Comments: Proposal does not include in­ (c> Entire segment is located in Hennepin miles of Frankfort S p u r).
dustries located at Ishpeming. Proposal is for and Carver Counties. (b ) Entire segment is located in the State
discontinuance o f operations only. (d ) M.P. 19.6 to M.P. 51.3. o f South Dakota.

FEDERAL REGISTER, VOL. 42 , NO. 85-—TUESDAY, MAY I, 1977

 22534
(c ) Entire segment is located in Spink
County.
(d ) M.P. 388.9 to M.P. 379.2.
(e) Central agent at Redfleld (unaffected)
is responsible for associate station o f Frank­
fort.
Comment: Proposal does not include in ­
dustries located at Redfleld.
(a ) James Valley Jet. to Redfleld (East­
erly 33.8 miles of Oakes Subdivision).
(b ) Entire segment is located in the State
of South Dakota.
(c ) Entire segment is located in Beadle
and Spink Counties.
(d ) M.P. 4.0 to M.P. 37.8.
(e ) Central agent at Huron (unaffected)
is responsible for associate station o f Hitch­
cock.
Comments: Proposal is contingent on
agreement with C.M.St.P.&P.RR. for trackage
rights between Wolsey, South Dakota and
Redfleld. Proposal does not include indus­
tries located at James Valley Junction or
RedfieldT
W ISCO NSIN
(a ) Ripon to Bancroft (Westerly 58.9 miles
o f Marshline Subdivision).
(b ) Entire segment is located in the State
of Wisconsin.
(c ) Entire segment is located in Fond du
Lac, Green Lake, Marquette, Waushara and
Portage Counties.
(d ) M.P. 20.5 to M.P. 124.4.
(e ) Central agent at Ripon (unaffected)
is responsible for associate stations o f Green
Lake, Chier St. Marie Sand Co. Pit, Prince­
ton, and Neshkoro. Central agent at Almond
is responsible for associate stations o f Ban-
nerman, Wautoma, Wild Rose and closed
station of Bancroft.
Comment: Proposal does not Include in­
dustries located at Ripon.
(a) Merrillan to Marshfield (Westerly 37.5
miles of Merrillan Subdivision).
(b ) Entire segment is located in the State
of Wisconsin.
(c ) Entire segment is located in Jackson,
Clark, and Wood Counties.
(d ) M.P. 0.0 to M.P. 37.5.
(e) Central agent at Merrillan (unaf­
fected) is responsible for associate stations
o f Neillsville, Granton, Chili, and closed sta­
tion of Kurth.
Comment: Proposal does not include in­
dustries located at Merrillan or Marshfield.
(a j Edgar to Marshfield (22.0 mile portion
of Marshfield Subdivision).
(b ) Entire segment is located in the State
of Wisconsin.
(c ) Entire segment is located in Marathon
and Wood Counties.
(d ) M.P. 40.8 to M.P. 62.8.
(e ) Central agent at Wausau (unaffected)
is responsible for associate station of Strat­
ford and closed stations of Fenwood and
Opal.
Comment: Proposal does not include in ­
dustries located at Edgar or Marshfield.
(a ) Conover to Phelps (9.2 miles entire
Phelps Spur).
(b ) Entire segment is located in the State
of Wisconsin.
(c ) Entire segment is located in Vilas
County.
(d ) M.P. 0.0 to M.P. 9.2'
(e ) Central agent at Watersmeet (unaf­
fected) is responsible for associate station
of Phelps.
Comment: Proposal does not include in ­
dustries located at Conover.
(a) Beloit to Evansville (23.0 mile portion
o f Beloit and Footville Subdivisions).
(b ) Entire segment is located in the State
o f Wisconsin.
(c ) Entire segment is located in Rock
County.
(d ) M.P. 92.5 to M.P. 115.5.
FEDERAL REGISTER, VOL. 42 , NO. 85— TUESDAY, MAY 3, 1977
NOTICES
(e) Central agent at Beloit (unaffected) (a ) Carroll to Harlan (Southerly 40.2
is. responsible for closed station o f Afton. miles of Harlan Subdivision).
Central agent at Madison (unaffected) is re­ (b ) Entire segment is located in the State
sponsible for associate station of Footville of Iowa.
and close's station o f Magnolia. (c ) Entire segment is located in Carroll,
Comment: Proposal does not include in ­ Crawford, and Shelby Counties.
dustries located at Beloit or Evansville. (d ) M.P. 421.7 to M.P. 461.9.
(a) Ringwood, Illinois to Lake Geneva, (e ) Agent located at Harland and central
Wisconsin. agent located at Carroll (unaffected) is re­
Line description is o n Pages 2 and 3 (I lli­ sponsible for associate stations o f Manning
nois) . and Irwin, and closed station o f Halbur.
(a) Medary Jet. to Galesville (23.2 miles— Gomment: Proposal does not include in­
a portion o f the Adams Subdivision and the dustries located at Carroll.
entire Galesville S p u r). (a) Belmond to Alexander (Easterly 7.7
(b ) Entire segment is located in the State miles o f Belmond Subdivision).
of Wisconsin. (b ) Entire segment is located in the State
(c) Entire segment is located in La Crosse of Iowa.
and Trempealeau Counties. (c ) Entire segment is located in Wright
(d ) M.P. 268.3 to M.P. 284.5 and M.P. 284.0 and Franklin Counties.
to M.P. 291.0. (d ) M.P. 206.3 to M.P. 198.6.
(e ) Central agent as Lacrosse (unaffected) (e ) Central, agent at Belmond (unaffected)
is responsible for associate stations of On-
is responsible for associate station o f Alex­
alaska, Midway, Trempealeau, Galesville and ander.
closed station o f Lytles.
Comment: Proposal does not include in­
Comment: Proposal does not include in ­ dustries located at Belmond.
dustries located at Medary. (a ) Mason City to Kesley (Northerly 34.8
(a ) Shawano to Eland (Westerly 29.3 miles miles of Parkersburg Subdivision).
o f Shawano Subdivision). (b ) Entire segment is located in the State
(b ) Entire segment is located in the State of Iowa.
o f Wisconsin. (c ) Entire segment is located in Cerro
(c) Entire segment is located in Shawano Gordo, Franklin, and Butler Counties.
County. (d ) M.P. 104.3 to M.P. 68.7 excluding M.P.
(d ) M;P. 38.7 toM .P. 68.0. 75.9 to M.P. 75.1 at Dum ont..
(e) Central agent at Shawano (unaffected) (e ) Central agent at Mason City (unaf­
is responsible for associate station o f Bowler fected) is responsible for associate stations
and closed station o f Thornton. of Dougherty and Aredale and closed stations
Comment: Proposal does not include in ­ of Cartersville and Kesley
dustries located at Shawano or Eland. Comment: Proposal does not include in­
dustries located at Mason City or Dumont.
C ategory 2
(a ) Manly, Iowa to Austin, Minnesota
A ll lines or portions of line potentially sub­ (30.5 mile portion of Mason City Subdivi­
ject to abandonment which the Chicago and sion) .
North Western Transportation Company has (b ) Entire segment is located in the States
under study and believes may be the subject of Iowa and Minnesota.
of a future abandonment application be­ (c ) Entire segment is located in Worth and
cause o f either anticipated operating losses Mitchell Counties, Iowa and Mower County,
or excessive rehabilitation costs, as compared Minnesota.
to potential revenue. 49 CFR Section 1121.20 (d ) M. P. 48.0 to M.P. 17.5.
( b ) (2 ). (e ) Central agent at Austin (unaffected)
IO W A is responsible for associate station o f Lyle
(a ) Burt to Bancroft (3.0 mile portion o f and closed stations o f Bolan and Meltonvllle.
Burt Subdivision). Comments: Proposal is contingent on
(b ) Entire segment is located in the State agreement with C.MjSt.P.&P. RR. for track­
age rights between Mason City, Iowa and
of Iowa.
(c) Entire segment is located in Kossuth Austin, Minnesota. Proposal does not include
County. industries located at Manly or Austin.
(d ) M.P. 145.5 to M.P. 148.5. M IN N E SO TA
(e ) Central agent at Burt (unaffected) is
responsible for associate station of Bancroft. (a ) Tracy, Minnesota to Gary, South
Dakota (Northerly 57.3 miles o f Marshall
Comment: Proposal does not include in­
dustries located at Burt. Subdivision).
(b ) Entire segment is located in the States
(a) LuVerne to Corwith (8.6 mile portion
of Forest City Subdivision). o f Minnesota and South Dakota.
(c ) Entire segment is located in Lyon, Lin­
(b ) Entire segment is located in the State
of Iowa. coln, and Yellow Medicine Counties, Minne­
(c ) Entire segment is located in Kossuth sota and Deuel County, South Dakota.
(d ) M.P. 227.6 to M.P. 284.9.
and Hancock Counties.
(d ) M.P. 186.6 to M.P. 178.0. (e ) Central agent at Marshall is respon­
(e ) Central agent at B ritt (unaffected) is sible for associate stations o f Amiret, Ghent,
responsible for associate station o f Corwith Minnesota, Taunton, Porter, Gamby, Burr
and Gary.
and closed station of Hanna.
Comment: Proposal does not include in­ Comment: Proposal does not include in­
dustries located at LuVerne. dustries located at Tracy-
(a ) R olfe to Ayrshire (22.2 mile portion of (a ) Cannon Falls to Red Wing (16.8 mile
Tara Subdivision). portion o f Red W ing Subdivision).
(b ) Entire segment is located in the State (b ) Entire segment is located in the State
o f Iowa. of Minnesota.
(c) Entire segment is located Pocahontas (c ) Entire segment is located in Goodhue
and Palo Alto Counties. County. <•»
(d ) M.P. 239.5 to M.P. 217.3. I d ) M.P. 74.3 to M.P. 91.1.
(e ) Central agent at Rolfe (unaffected) is (e ) Agent at Red W ing (unaffected) is
responsible for associate stations o f Curlew responsible for closed station o f Welch.
and Ayrshire, and closed stations of Plover Comments: Proposal is contingent on
and Mallard. agreements with C.M.St.P.&P. RR. and B.N.
Comment: Proposal does not involve in­ for trackage rights between St. Paul, Min­
dustries located at Rolfe. nesota and Red Wing, Minnesota. Proposal
 NOTICES 22535

does not include industries located at Can­ (e ) Central agent at Somers (unaffected) Newald, and closed stations o f Breed, Moun­
non Falls or Red Wing. is responsible for associate station of Lanes- tain, Lakewood, Townsend, Long Lake, and
(a) Manly, Iowa to Austin, Minnesota. boro and closed stations of Rinard, Lohrville, Tipler.
Line description is on Pages 28 and 29 Wightman and Lidderdale. Comments: Docket Number AB-1 (Sub.
(Iow a). Comments: Docket Number AB-1 (Sub. No. 40). Proposal does not Include industries
NEBRASKA No. 27). Proposal does not include industries located at G illett or Scott Lake.
located at Somers or Carroll. M IN N E SO TA
(a) Oakdale to Elgin (10.4 miles entire (a) Bancroft to Ledyard (Northerly 9.4
Elgin Spur). miles o f Burt Subdivision). (a ) Sanborn to Wanda (W esterly 8.2 miles
(b) Entire segment is located in the State (b ) Entire segment is located in the State o f Wanda S p u r).
of Nebraska. of Iowa. (b ) Entire segment is located in the State
(c) Entire segment is located in Antelope (c ) Entire segment is located in Kossuth o f Minnesota.
County. County. (c ) Entire segment is located in Redwood
(d) M.P. 115.0 to M.P. 104.6. .(d ) M.P. 148.5 to M.P. 157.9. County.
(e) Central agent at Nellgh (unaffected) (e ) Central agent at Burt (unaffected) is (d ) M.P. 0.6 to M.P. 8.8.
is responsible for associate station o f Elgin. responsible for associate station o f Ledyard. (e ) Central agent at Tracy (unaffected) is
Comment: Proposal does not Include in ­ Comments: Docket Number AB-1 (Sub. responsible for closed station of Wanda.
dustries located at Oakdale. No. 53). Proposal does not Include industries Comments: Docket Number AB-1 (Sub.
SOUTH DAKOTA
located at Bancroft. No. 48). Proposal does not include Industries
(a) Wren, Iowa to Iroquois, South Dakota located at Sanborn.
(a) Ellis to M itchell (Westerly 65.2 miles (155.7 miles o f Hawarden Subdivision). (a ) Sleepy Eye to Redwood Falls (24.8
of Sioux Falls Subdivision). (b ) Entire segment is located in the States miles— entire Redwood Falls Subdivision).
(b) Entire segment is located in the State o f Iowa and South Dakota. (b ) Entire segment is located in the State
of South Dakota. (cj Entire segment is located in Plymouth o f Minnesota.
¡(c) Entire segment is located in M in­ and Sioux Counties, Iowa and Union, Lincoln, (c ) Entire segment is located in Brown
nehaha, McCook, Hanson and Davison Turner, McCook, Miner and Kingsbury Coun­ and Redwood Counties.
Counties. ties, South Dakota. (d ) M.P. 1.4 to M P . 26.2.
(d ) M P . 65.5 to M.P. 130.7. (d ) M.P. 0.0. to M.P. 126.0. (e ) Central agent at Sleepy Eye (un­
(e) Central agent at Salem is responsible (e ) Central agent at Sioux City (unaf­ affected) is responsible for associate stations
for associate stations of Hartford, Humboldt, fected) is responsible for associate station
of Evan, Morgan, Gllflllan, and Redwood
Montrose, Spencer, and Farmer. Central o f Craig and closed stations of Merrill and
agent at Mitchell is responsible for associate Falls.
Brunsville. Agent at Hawarden is responsible Comments: Docket Number AB-1 (Sub.
station o f Fulton and closed station of River­ for closed station o f McNally. Central agent
No. 50). Proposal does not include industries
side. . at Beresford is responsible for associate sta­ located at Sleepy Eye.
Comment: Proposal does not include in­ tions o f Alcester, Centerville, Hurley, Parker,
dustries located at Ellis. (a ) Marshall Jet. to Wabasso and Wabasso
and Monroe. Central agent at Salem (un­ to Vesta (37.3 miles— entire Wabasso Sub­
(a) Tracy, Minnesota to Gary, South Da­ affected) is responsible for associate stations
kota. Line description is on page 29 o f Canistota and Canova, and closed station division) .
(Minnesota). (b ) Entire segment is located in the State
o f Unityville. Central agent at Huron (un­
W IS C O N S IN o f Minnesota.
affected) is responsible for associate station
(c ) Entire segment is located in Lyon and
(a) Pulaski to G illett (Easterly 16.2 miles o f Carthage and closed stations of Vilas, Ar-
Redwood Counties.
of Laona Subdivision). gonne and Esmond.
(d ) M P . 54.2 to M.P. 28.8 and M.P. 14.5 to
(b) Entire segment is located in the State Comments: Docket Number AB-1 (Bub. No.
9 ). Proposal does not include industries lo­ M.P. 26.4.
of Wisconsin. (e ) Central agent at Marshall (unaffected)
(c) Entire segment is located on Oconto cated at Wren, Salem or Iroquois.
(a ) Stewartville, Minnesota to Mclntire, is responsible for associate stations o f Dud­
and Shawano Counties. ley, Milroy, Lucan, Wabasso, Seaforth, and
(d) M.P. 17.1 to M.P. 33.3. Iowa (33.7 mile portion o f Rochester Sub­
division) . Vesta.
(e) Central agent at Green Bay (unaf­
fected) is responsible for closed station of (b ) Entire segment is located in the States Comment: Docket Number AB-1 (Sub. No.
o f Minnesota and Iowa. 56).
Krakow. Central agent a t Oconto Falls (un­ (a ) Stewartville, Minnesota to Mclntire,
affected) is responsible for associate stations (c) Entire segment is located in Olmsted,
Mower and Fillmore Counties, Minnesota and Iowa. Line description is on Pages 35 and 36
of Green Valley and Gillett. (Io w a ).
Comment: Proposal does not include In­ Howard and Mitchell Counties, Iowa.
(a ) T unnel City, Wisconsin to Med ary Jet.,
dustries located at Pulaski. (d ) M.P. 158.6 to M.P. 192.3.
(e ) Central agent at Rochester (unaf­ Wisconsin and Trempealeau, Wisconsin to
Category 3 fected) is responsible for associate stations of Winona, Minnesota (41.3 m ile portion of
.Adams Subdivision).
All lines or portions o f lines for which an Racine, Spring Valley, Ostrander, and LeRoy. (b ) Entire segment is located in the States
abandonment or discontinuance application Comments: Docket Number AB-1 (Sub:
No. 19). Proposal does not include industries o f Wisconsin and Minnesota.
is pending before the Interstate Commerce (c ) Entire segment is located in Monroe,
Commission on the date upon which the dia­ located a t Stewartville or M dntire. LaCrosse and Trempealeau Counties, Wiscon­
gram, or any amended diagram, is filed with (a ) Stratford to Dayton (8.9 miles of Day-
sin and Winona County, Minnesota.
the Interstate Commerce Commission. 49 ton Subdivision). (d ) M.P. 163.2 to M.P. 267.8 (excluding
CFR Section 1121.20(b) (3 ). (b ) Entire segment is located in the State
M.P. 168.0 to 169.5 at Camp McCoy, M.P.
o f Iowa.
IO W A 176.0 to M.P. 248.0 at Sparta and M.P. 260.0
(c ) Entire segment is located in Webster
to M.P. 261.9 at West Salem) and M.P. 284.5
(a) Zearing to Roland (Westerly 10.5 miles County. to M.P. 296.6.
of Roland Subdivision). (d ) M.P. 84.0 to M.P. 92.9.
(e ) Central agent at LaCrosse (unaffected)
(b) Entire segment is located in the State (e ) None.
Comments: Docket Number AB-1 (Sub- is responsible for associate station o f Bangor
of Iowa. and closed stations o f Rockland and Pine
(c) Entire segment is located in Story No. 46). Proposal does not include Industries Creek.
County. located at Stratford or Dayton.
Comments: Docket Number AB-1 (Sub. No.
(d) M.P. 259.1 to M.P. 269.6. M IC H IG A N 54). Proposal does not include industries lo­
(e) Central agent at Clemons Grove (un­ cated at Tunnel City, Camp McCoy, Sparta,
affected) is responsible for associate station (a) Gillett, Wisconsin to Scott Lake, West Salem, Medary, Trempealeau and
of Roland and Closed station fo McCallsburg. Michigan (Westerly 89.4 miles o f Laona Sub­ Winona.
burg. division) . _
Comment: Docket Number AB—1 (Sub. No. (b ) Entire segment is located in the States NEBRASKA
45). Proposal does not include industries o f Wisconsin and Michigan. (a) Norfolk, Nebraska to Winner, South
located at Zearing. (c ) Entire segment is located in Oconto, Dakota (Westerly 172.4 miles o f Winner Sub­
(a) Somers to Carroll (30.9 mile portion Forest and Florence Counties, Wisconsin and division) .
of Harlan Subdivision). Iron County, Michigan. (b ) Entire segment is located in the States
(b) Entire segment is located in the State (d ) M.P. 33.3 to M.P. 122.7. of Nebraska and South Dakota.
of Iowa. (c ) Entire segment is located in Madison,
(e ) Central agent at Oconto Falls (un­
(c) Entire segment is located in Calhoun affected) is responsible for associate station Pierce, Antelope, Knox and Boyd Counties,
and Carroll Counties. o f Suring. Central agent at Laona is respon­ Nebraska and Gregory, Tripp, and Mellette
(d) M.P. 389.1 to M.P. 420.0. sible for associate stations o f Wabeno and Counties, South Dakota.

FEDERAL REGISTER, VOL. 42 , NO. 85— TUESDAY, MAY 3 , 1977

 22536
(d ) M.P. 2.9 to M.P. 175.3.
(e ) Central agent at Norfolk (unaffected)
Is responsible for closed station o f Hadar.
Central agent at Creighton Is responsible for
associate stations of Pierce, Poster, Plain-
view, Wlnnetoon, Verdigre, Niobrara, Lynch,
Bristow, Spencer, Anoka, and closed stations
of Verdel and Monowi. Central agent at
Winner Is responsible for associate stations
o f Fairfax, Bonesteel, Herrick, Burke, Gre­
gory, Dallas, Colome, and closed station of St.
Charles.
Comments: Docket Number AB-1 (Sub. No.
34). Proposal does not Include industries
located at Norfolk.
(a ) Elkhorn Jet. to Irvington (5.3 mile
portion o f Omaha Subdivision).
(b ) Entire segment is located in the State
of Nebraska.
(c ) Entire segment is located in Douglas
County.
(d ) M.P. 1.7 to M.P. 7.0.
(e ) None. ' on Pages 39 and 40 (M innesota).
Comment: Docket Number AB - 1 (Sub. No.
49).
SOUTH DAKOTA
(a ) Watertown to Stratford (Northerly
71.4 miles o f Stratford Subdivision).
(b ) Entire segment is located in the State
o f South Dakota.
(c ) Entire segment is located in Coding-
ton, Clark, Day, Spink, and Brown Counties.
(d ) M.P. 234.9 to M.P. 306.3.
(e ) Central agent at Watertown (unaf­
fected) is responsible for associate stations
o f Florence, Wallace, Bradley, and closed sta­
tion of Crocker. Central agent at Aberdeen
(unaffected) is responsible for associate sta­
tions o f Conde and Stratford, and closed
stations o f Crandall and Randolph.
Comments: Docket Number AB-1 (Sub.
No. 33). Proposal does not include industries
located a t Watertown.
(a ) Watertown to Doland (Westerly 48.2
miles o f Watertown Subdivision).
(b ) Entire segment is located in the State
o f South Dakota.
(c ) Entire segment is located in Coding-
ton, Clark and Spink Counties.
(d ) M.P. 321.5 to M P . 369.7.
FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, MAY 3 , 1 9 7 7
NOTICES
(e ) Central agent a t Watertown (unaf­located at Manitowoc (Rosemere is a junc­
fected) is responsible for associate stations o f tion point near the station o f M anitowoc).
Henry and Clark, and closed stations of Kam- (a) Klevenvllle to Fennimore including
peska and Elrod. Central agent at Redfield Lancaster Jet. to Lancaster, M ontfort Jet. to
(unaffected) is responsible for associate sta­ Cuba City and Ipswich to Platteville (101.2
tions o f Raymond and Doland. miles, Westerly portion o f Lancaster Subdi­
Comments: Docket Number AB-1 (Sub. vision including the Fennimore Spur and
No. 32). Proposal does not include industries entire Platteville Sudivlsion including the
located at Watertown. Platteville S p u r).
(a ) Wren, Iowa to Iroquois, South Dakota. (b ) Entire segment is located in the State
Line description is on Pages 34 and of Wisconsin.
35 (Iow a ). (c ) Entire segment is located in Dane,
(a) Norfolk, Nebraska to Winner, South Iowa, Grant and Lafayette Counties.
Dakota. Line description is on Pages 40 and (d ) M.P. 101.5 to M.P. 158.4 including M.
41 (Nebraska). P. 155.8 to M.P. 167.8, M.P. 145.0 to M.P. 173.5
W IS C O N S IN and M.P.165.9 to M.P. 169.7.
(e ) Central agent at Madison (unaffected)
(a ) Gillett, Wisconsin to Scott Lake, Mich­ is responsible for associate station o f Mt.
igan. Line description is on page 37 (M ich­
Horeb and closed station o f Blue Mounds.
igan) .
Central agent a t Dodgevllle is responsible
(a). Tunnel City, Wisconsin to Medary
for associate stations of Bameveld, Ridge­
Jet., Wisconsin and Trempealeau, Wisconsin way, Cobb, Montfort, Fennimore, Stitzer,
to Winona, Minnesota. Line description is Lancaster, Livington, Platteville, Cuba City
and closed stations o f Edmund, Preston,
(a ) Hortonville to Larsen (10.1 miles entire Liberty, Rewey, and Ipswich.
Larsen sp u r).
Comments: Docket Number AB-1 (Sub.
(b ) Entire segment is located in the State No. 41). Proposal does not include industries
o f Wisconsin.
located at Klevenvllle.
(c ) Entire segment is located in Out­
(a ) Hayward to Bayfield and Ashland Jet.
agamie and Winnebago Counties.
to Ashland (Westerly 77.3 miles o f Ashland
(d ) M.P. 0.2 to M.P. 10.3. Subdivision including Westerly portion of
(e ) Central agent at New London (unaf­
Ashland S p u r).
fected) is responsible for associate station
(b ) Entire segment is located in the State
o f Larsen and closed station of Medina. of Wisconsin.
Comments: Docket Number AB-1 (Sub. (c ) Entire segment is located in Sawyer,
No. 21). Proposal does not include industries
Bayfield, and Ashland Counties.
located at Hortonville.
(d ) M.P. 104.0 to M.P. 178.3 and M.P. 0.0
(a) Rosemere to Forest Junction (W est­ to M.P. 3.0.
erly 26.3 miles o f Brillion Subdivision).
(e ) Central agent at Hayward (unaffected)
(b ) Entire segment is located in the State
is responsible for closed station o f Seeley.
o f Wisconsin.
Central agent at Cable is responsible for as­
(c ) Entire segment is located in Manitowoc sociate stations o f Drummond, Granview,
and Calumet Counties. Mason and closed station o f Benoit. Agent at
(d ) M.P. 78.9 to M.P. 105.2. Ashland (unaffected) is responsible for closed
(e ) Central agent at Manitowoc (unaf­ station o f Ashland Jet. Central agent at
fected) is responsible for associate stations Washburn is responsible for associate station
o f Reedsville, Brillion, Forest Junction, and o f Bayfield and closed stations o f Barksdale,
closed stations o f Branch, Whitelaw, and Sioux, and Pureair.
Cato. Comments: Docket Number AB-1 (Sub.
Comments: Docket Number AB-1 (Sub. No. 29). Proposal does not include indus­
No. 52). Proposal does not include industries tries located at Hayward or Ashland.
CHICAGO AND NORTH W ESTERN TRANSPORTATION COMPANY

A B -!
SY ST EM DIAGRAM MAP
4 9 - C FR SEC. 1121.20
______ DATE APRIL 6,1977

STAN D ARD M ETROPOLITAN S T A T IS T IC A L A R EA S

o CHICAGO DULUTH-SUPERIOR
© DAVENPORT-ROCK ISLAND © MINNEAPOUS-ST. PAUL
© PEORIA ROCHESTER
© SPRINGFIELD © SIOUX F A LLS
© ST. LOUIS DUBUOUE
© ROCKFORD © WATERLOO-CEDAR FALLS
© KENOSHA © CEDAR RAPIDS
© RACINE @ SIOUX CITY
© MILWAUKEE @ LINCOLN
© MADISON © OMAHA
© LA CROSSE © DES MOINES
GREEN BAY ST JOSEPH
@ APPLETO N @ KANSAS CITY
® EAU CLAIRE

L E G E N D
NOTICES

REO t , CATEGORY 1. ANTICIPATED S UBJECT OF ABANDONMENT APPLICATION

WITHIN 3 YEARS. 4 9 C F R SEC. 1121.20 (b)(1)
GREEN CATEGORY 2. POTENTIALLY SUBJECT TO ABANDONMENT. 4 9 C F R SEC. 1121.20 (b)(2)
YELLOW CATEGORY ' 3. APPLICATIO N PR ESEN T LY PENDING BE FO R E COMMISSION.
4 9 C F R SEC. 1121.20 (b)(3)
BROWN ——— CATEGORY 4. OPERATED UNDER SUBSIDY 4 9 USC SEC. Ia(6)(p)
4 9 CFR SEC. 1121.20 (b)(4)
BLACK ......... CATEGORY S. OTHER LINES OWNEO OPERATED. 4 9 C F R SEC. 1121 2 0 (b)(9)
BLACK — STATE BOUNDARY LINES

BLACK — COUNTY BOUNDARY LINES

BLACK S M S A BOUNOARY LINES

22537

FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, MAY 3, 1977

22538 NOTICES

FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, MAY 3, 1977

 NOTICES 22539

FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, MAY 3, 1977

22540 NOTICES

FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, MAY 3, 1977

 NOTICES 22541

[P R Doc.77-12377 Piled 5-2-77;8:45 am]

FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, MAY 3, 1977

¡8 1 1
 TUESDAY, MAY 3, 1977
PART VI

1 1 # DEPARTMENT OF
STATE

FISH ERY CO N SER V A TIO N

A N D M A N A G EM EN T
A CT O F 1976

Applications (or Permits to Fish O ff

Coasts of U.S.
22544 NOTICES

DEPARTMENT OF STATE
[Public Notice 537]
FISHERY CONSERVATION AND MANAGEMENT ACT OF 1976
Applications for Permits to Fish Off the Coasts of the United States
The Fishery Conservation and Management Act of 1976 (Pub, L. 94-265) (the “ Act” ) provides that no fishing shall
be conducted by foreign fishing vessels in the Fishery Conservation Zone of the United States after February 28, 1977,
except in accordance with a valid and applicable permit issued pursuant to section 204 of the Act.
The Act also requires that all applications for such permits be published in the F ederal R e g iste r .
Additional Applications for fishing beginning March 1, 1977, have been received from the Government of Japan, and the
Federal Republic of Germany, and are published herewith.
Dated: April 25, 1977. K a t h r y n C l a r k -B o u r n e ,
Acting Director, Office of Fisheries Affairs.

FISHING VESSEL IDENTIFICATION FORM (FOREIGN)

F e r o lt P e r io d K a y 1 , 1 9 7 7 • A p p l i c a t i o n : lo . \J f ) -77-0 9i>'/
A p p l i e d F o r : Dc c e p b e r 3 1 . 1 9 7 7 F o r U se. o f I s s u i n g O f f i c e

1. N ane o f V e s s e l HOYO MARU No 65

2. V e s s e l N o .: H u l l N o . (S N A IL 1 1 3 ) R e g is t r a t io n N o . M G I -7 5 5

3. N ano and A d d r e s s o f O w ner Nano an d A d d r e s s of C h a rte re i

Name H O Y C SU IS a N K A B U S H I X I K A I S H A __________________________________

Addr 1 -2 -1 7 S akana M a ch i -Jf

_I 31
Keaennuwa city Miyagi-ken Japan S E E A T TA C K E D 5

C a b le A d d r e s s '__________________

4. H o m e p o rt and S t a t e of R e g is t r y . : K e s e n n u in a . J a p a n

5. Type o f V essel TOT V E S S E L ( S E A S N A I L ) . IfiD E rEW D E N T

6. Tonnage (C ro ss) 3 4 9 . 8 7 K T _____ (N e t)

7. L e n g th ¿ 7 .5 1 !t. 8. B re a d th 8 .9 0 m . 9. D r a f t 3«75 M.

10. H o rs e p o w e r 1 , 'U O sho. 11. M a x in u n Speed 1 2 __________ k t .

11. P r o p u ls io n : D ie s e l Q& . S t e a a ( ), D le s e l/ E le c t r ic ( ),

O th e r *

13. D a te B u ilt SEP T, 1968 r r

.X '
14. N u m ber a n d N a t i o n a l i t y o f P e r s o n n e l 2 1 . J a n & n __________________

14 O th e r ( S p e c ify )

15. C o n n o n lc a t i o n s : V H F-FM ( ) # A M /S S B , V o ic e f # ) , T e le g r a p h y ;« £),

O t h e r _______________________________ ________________

I n t e r n a t i o n a l R a d io C a l l S ig n

R a d iò F r e q u e n c i e s M o n it o r e d _ _

O t h e r W o r k in g F r e q u e n c i e s __

S c h e d u le V/ATCH, T I K E ( G .M ..T .) 0 8 :0 0 -0 8 :3 0 2 0 :0 0 -2 0 :^ 0

s2A-77 -0?&/
lé . N a v ig a tio n E q u ip m e n t : Lo an C ( # ), L o ra n A ( ), O nega ( ) ,
F I S H E R I E S FOR WHICH P E R M IT I S R EQ U ESTED
-77
D ecca < ). N . iv s a t ( ), Radar (•* ), P a th
OCEAN A R E A B E R IN G S E A AND A L E U T IA N
O t h e r ____________ - • ____________________________ P E R IO D M AY-D E CE M B E R
S P E C IE S S N A IL
17* C a rg o C a p a c it y (IIT ) C O N T E K P L A T ID C a TCH T H IS V E S S E L A P P L IE S FOR
FIS H IN G
A PO RT IO N O F THE A L L O C A T IO N
S a lt e d F i s h ______ _ O F 2 . 7 0 0 M E T R IC TONS ( E D I B L E M E AT )

F re sh F i s h ________
GEAR TO B E USED : S N A I L PO T.
F ro ze n F l s h 2 3 fiM T S E E A T TA CH E D I

.. F is h M e a l _________

O t h e r ______________

19. P o c e s s ln g E q u ip m e n t ( In d ic a t e d a lly c a p a c it y ,M T )

F R E E Z E R 4 S E T S , 1 0 M T /D A Y (C O M B IN E D )_________________

20. F is h e r le w h ic h F e r a it le P.eque

S E E A T TA CH E D I

SEE ATTACHED JJ

FEDERAL REGISTER, VOL. 42, NO. 8 TUESDAY, MAY 3, 1977

 NOTICES 22545

tF lS I!IK G V E S S E L ID E N T lflC A T iC :: . O S Ji (F O R E IG N )
jA -n -O & e * /
ATTACHED l ÑAME AND ADDRESS OF CHARTERER
P e r u it P e r io d , A p p l ic a t io n No* G z ~ l > o o > S
A p p lie d F o r« F o r U se o f I p s u ln g O f f ic e
1. NAME : HOYOSUISAN KABUSHIKI KAISHA - •• • •• • S t e t e i -
ADDRESS : 1-2-17 Sakana machi 1 .. N ana of V esael “ M OND*-________ __________________________________________
Kesennuma city Miyagi ken Japan
2. Veba a l N o .l H i l l Bo. BX 745 X o g ia t r a t ie n Ho. S SR 756
2. NAME I. OFUNATO 20SEN , TEKK.0 KABUSHIK.I KAISHA
3* Nene and A d d re ss of O w ner Neue and A d d re ss of C h a rte re r
ADDRESS : 1-1 Nonoda Ofunato cho
Ofunato city Iwate ken Japan Hane H o c h s e e fis c h e r e i

NO R D STER N AG
A d d r e s s _______________ ,_____________ _
285o B re m e rh a v e n - F.

C a b le A d d re ss NORD S TER N T x .: 236758 n s t a g - d _________

B re m e rh a v e n

4* H o n e p o rt and S ta t* of R e g is t r y ! B re m e rh a v e n / W .G e rm a n y

5* Type of Vess e l . S t e m t r a w le r .

6* Tonnage (O ro e e ) 3 , 183 (B a t) 1 .3 6 8

7. L e n g th 8 6 ,8 7 Ha 8* B re a d th 1 5 ,o2 M. 9. » r e it 5 - 4° K.

10. H o rse p o w e r 3 .0 0 0 shp . 11. M a x im u m » S p e e d 1 5 ,5 k t.

11. P r o p u ls io n i D ie s e l (x). S te e n ( ), D ie s e l/ E le c t r ic ( ),

O th e r

13. O a ts B u ilt 1973

14. Num ber end N a t io n a lit y o í F e ra o n n e l 35 G e r m a n s / 3 o P d rtu g u a s a s

O f f ic e r s Q C re w . 57 O cher ( S p e c ify ) _ _ _ _ _

15. C o a n u n lc a t lo n e i V tlP - F H ( x >, A M /S S B , V o ic e (x). T e le g r a p h y (X > ,

. o th e r SW U A R C GENF 1 9 7 4 ________________________

I n t e r n a t io n a l R a d io C a ll S ig n D E 0 L _______________________________ '

R a d io F r e q u e n c ie s M o n it o r e d Channel 1 6/2 18 2 K C /5o o KC

VHP C h a n n e l 6 / 8 / 9 / W 1 3 / 6 7 / 7 2 / 7 3 / 7 7
O th e r W o r k in g F r e q u e n c ie s 2 3 9 6 /3 1 9 7 /3 2 8 2 /3 3 6 3 /5 1 Z /4 8 o /4 6 8

S c h e d u le nn fix e d sehndube

ATTACHED IST Q £ -7 7 -0 0 / *»
\ lA -T 7 -o x ¿ ? 16* H a y « r. " t l o n E q u ip m s n t : L o ra n C (x> * L o ra n A (X >. O nega { >,

HAI1E AND ADDRESS OP AGEKT APPOINTED TO RECEIVE AMY D acca <X>. Na Vs a t ( ), Radar (x> . F a i;h o n e t e r (X > ,
LEGAL PROCESS ISSUED IH THE UNITED STATES:
O cher L O G ,, G I R O , D IR E C T IO N -F IN D E R / A U T O -- P I L O T / SONAR
(NAHE) MIZUHO OHNO
PRESIDENT, 17. C a rg o C a p a c it y (2110 18. C a rg o S p e cs
Hu mb e r W an e
TAIYO FISHERY CO., LTD.
S a lt a ii F ie '. F re e -ze r 1 *f r o z e n h o ld
(ADDRESS)
277 PARK AVE. NEW YORK, K.Y. 10017 F re sh F is i. D ry H o ld 1 fis h m e a l

(TEL. 212-421-4120 ) P r o s e n F ie • a p p r. 85o Tanka 4 fis h o il •

(HOHE ADDRESS) F is h ;H e a l apa£j 2 So O cher . -

429 EAST 52ND ST. APT. 28E,
I

O th e r -fa .. . .
F

RIVERCOURT NEW YORK, N.Y. 10022

19* P ro c e s s in g t- v p n ia n t ( I n d ic a te d e ii. y c e p e C it y , M T )
(TEL. 212-751-8216 )

see e n d .

20* F is h e r ie s fo r w h ic h P e r a it is R e q u e ste d !

O cean A re a P e r io d Con t e n p la te d Cear to )>e U s e d

(F ro n -T o ) C a t c h ÍM T 1
5 Z 6 .1 5 .A u g u s t/
H E R R IN G 822 M I D W A T E R -T R A W L
3 o .S e p t.
1 * O c t a/
M ACKEREL 191 M ID W A T E R -T R A W L
3 1 .D e c .
. 1 .N O V ./3 1 .D e c . ) L O L IG O 183 B O T T O M - T R A W L / M id w . T r a w l
1 .A u g ./ 1 5 .S e p t a) IL LE X out o f o th e rs B O T T O M - T R A W L / M id w . T r a w l

21* N am e a n d A d d r e s s o f A g e n t a p p o i n t e d t o r a e o iv o any le g a l
p r o c e s s I s s u e d in t h e U n it e d S t a t e s !

E L LIO T T S H IP P IN G C O M P ., G LO UCESTER/ M ASS.

* Phone: 2 8 1 - 1 7 o o __________________________________ 4 ___________________

T e le x a 9 4 o 7 2 7 ( W .U .) !’ f ¡:
I ¡1, ||
B re m e rh a v e n , den 16. 3. 1977 ^H0Ch$66fÌ5Clì6|'(?|NordSlSni A.6.

[PR Doc.77-12314 PUed 5-2-77;8:45 am]

FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, MAY 3, 1977

22546 NOTICES

[Public Notice 536]

F IS H E R Y CO N SERV A TIO N AN D M AN AGEM ENT A C T O F 1 9 76
A p p licatio n s fo r P erm its to F ish Off th e C o a sts of th e U nited S ta te s
The Fishery Conservation and Management Act of 1976 (Pub. L. 94-265) (the “ Act” ) provides that no fishing shall
be conducted by foreign fishing vessels in the Fishery Conservation Zone of the United States after February 28, 1977,
except in accordance with a valid and applicable permit issued pursuant to section 204 of the Act.
The Act also requires that all applications for such permits be published in the F e d e r a l R e g i s t e r .
Additional Applications for fishing beginning March 1, 1977, have been received from the Union of Soviet Socialist Repub­
lics, and are published herewith.
Dated: April 25, 1977. K athryn Clark -B ourne ,
Acting Director, Office of Fisheries Affairs.

FISHING VESSEL IDENTIFICATION FORM (FOREIGN) romMO TBSSNL IDBBTIglCATIOH FCBM (FOREIGN)

F e r a l t P e r io d A p p lic a t io n N o. U R - 7 7 - 0 4 1<> Parait Period Applied fo r

A p p lie d F o r : I -X 1 I ,1 9 7 7 F o r U se o f I s s u in g O f f ic e
Application No t
S ta te : USSR>_____________
Por Use o f Issuing O fflo.
1. Name o f /essel S O V R E M E N N IY
Stata
2. V e s s e l N j .: H u l l N o . K C H -0 0 6 7 R e g is t r a t io n Bo. 973

3. Name a n d A d d r e s s o f O w ner N aae and A d d r e s s of C h a rte re r

Name K a l i n i n g r a d s R a y a B a x * E k a pm ci i t s i o n o g o F l o t a _________ -
1. Hune o f T o »»o l " P I O H B R Z A P O L A R Y A » ____________________________________

2. Vessel Nos Hull No 1 T B -03 S 2 _________ _ Eegistration No M -2 2 5 6 3

A d d re ss P l. P o b m d l, 1______ ___________________
3» Naae and Address o f O ner
_____________ K a l i n i n g r a d , U S S R ~
________________________
Leningrad Production Association o f Pishing Industry
C a b le A d d r e s s __________________ ___ ___________ ____________________
"Lenrrborom“__________________________________■
Address 198o96 Leningrad.glevatomara nl.10."Lenryt>Broia"
4. HonepoTt and S t a t e of R e g is t r y : K a l i n i n g r a d , U S S R __________

5. Type o f V e s s e l P a tro l a n d s u p p o r t ______________

Naas and Address o f Charterer
6. Tonnage ¿G ro ss) ______8 4 3 , 7 ______ ( N -s t) 239

7. L e n g th 6 3 .5 9 h . 8. B re a d th 9 .5 a . 9. D r a ft 3*98 >:.

10,. H o rse p o w e r 4000 shs. 11. M sx im u m S p e e d k t.

4. Homeport and Stata o f Hagistry Leningrad,D83R
11. P r o p u ls io n : D ie s e l < ), S te e a ( ), D le s e l/ E le c t r lc ( 4) ,
5. Type o f Tosaci stern trawler
O t h e r _____________________________________________________

13. D a te B u i l t 1961
6. Tonnage (Gross) 3170 Net 1225

14. N u m be r a n d N a t i o n a l i t y o f P e rso n n a l 3 2 , U S S R ________________

7. Length S4.70 n 8. Breadth*.o m_______ 9. neanght 5,55 m
10. Horsepower 2000 aim 11 . Ma-ri mi» Speed 12, o kt
O f f ic e r s 16 C ra w ^ O th e r ( S p e c ify ) __________
12. Propulsioni Diesel ( 1 ) Steam ( - ) D lesel/electric ( - )
15. C o m m u n ic a t io n s : V H F-FM ( ), A M /S S B , V o ic e ( ), T e le g r a p h y ( ),
Othar ________________
O t h e r _________ ■ - • _________ ■ ______________
13. Data Built 1961
I n t e r n a t i o n a l R a d io C a l l S i g n V3QS________________ ____________

R a d io F r e q u e n c i e s M o n it o r e d 500 k H » , 2182 k H z, 1 5 6 .6 MHa -

H . SuMMr ana Nationality o f Pa»»m ,»»x 94 , U338_________________
O t h e r W o r k in g F r e q u e n c ie s A c c o r d in g to lic e n s e o f s h ip A ffio r a 2* Gru » 70 O th r (S p ecify) ~
S c h e d u le H-X6_____________ M o tio n ________________________

ug.-'n-c^/d, U/e-77-0490
16. N a v ig a tio n E q u ip m e n t : L o re n C ( ), L o ra n A ( ), O nega ( ), 15 . Oomaunioationsi VHP-MP ( + ) , AM/SSB, Vole. ( + )
D acca ( ), Naveat ( ), Radar ( ), F a th o m e te r ( ), Telegraphy ( + ) Other________ m ________ ______________________
O th e r D a p th . S o u n d e r , G y r o c o m p a s s , D ir e c t io n F in d e r International Balio C all Sign USUP
17. C a rg o C a p a c it y (ST ) 18. C a rg o S p ace Radio Frequencies Monitored 5oo KHH.2182 KHZ. 156.8 KHZ_________
Bunber Bane
Other forking frequencies 2575 KH/.________________________
S a lt e d F is h F re e ze r

F re o h F is h _ D r y H o ld

F ro ze n F is h Tanks
Schedule • aH tia fc / / - / o _______________________________
F is h M e a l __ O th e r
16. Navigation Bqulpmanti Loran 0 ( - ) Loran A ( 1 )
O t h e r ________
Omega ( - ) Decoa ( - ) Naveat ( - )
If. F r a c . .la g E q u ip m e n t ( la d le . t . d a ily c a p a c it y , F I T )
Radar ( 2 ) Pathoneter ( - )
Ho equipment O th r . - autopilot -1 .hldrolocator -1 .radio direction flnder -1

17. Cargo Capasity (IP ) ____________ ■

20. F ic h a r la s f o r w h ic h F e r a it is R e q u e ste d :
Salted Pish - -__________ Preeh Fish - -
O cean A r e s F c r .c d * S p e c ie , C o n t e n p lc t c d Cecr to be U acd
(F ro n -T o ) C a tc h ( h i) Pro*«n Fish See at Pish Ileal 40 nt
5 ,6 I “X II P e tro l and s u p p o rt Other __________________________

18. Cargo Space

■umber . Name
21. S a n e and A d d r e s s o f A g n a t a p p a la e e d to r e ç o iv e any le g a l
p r o c e s s I s s u e d l e . th e S a lt e d S t a t e s : Dry Hold 3
- Tanka 2 ______________

O th r tin hold - 1 .fle h flower hold “ 1

FEDERAL REGISTER, VOL. 42 , NO. 85— TUESDAY, MAY 3, 1977

 NOTICES 22547

u 2 -T ? -c4 ? 0 0 / 2 -7 7 - O V 7/
19. Processin g Equipment (in d ic a t e d a ily ca p a city, HT) . 45« Communications: VHF-UF ( 4 ) , AM/SSB, Voice ( ♦ )
- 2(15 tons a day) Telegraphy ( ♦ ) Other
EVBV *
■PIfih -flower equipment -1 (10 tonss stuff a day ) In tern a tio n a l Badio C a ll Sign

-2(400 kq a day-) Radio Frequencies Monitored 500,2182 kHz, 156,8 MHz

A u t o c la v e D 6QQ -2(350 cais) Other Working Frequencies 2575 kHz
bend rolling: semi-automat - 1(10 cans / minute )
20. F is h eries f o r which Perm it i s Requested
Ocean Area P eriod ' S pecies Contemplated Gear t o b «/ Schedule //- / {
Catch (HP) Used 16. N a viga tion Equipment: Loran C ( + ) Loran A ( * )
5 ¡¡9 26.o4-3o 06 s i l v e r hake 1800 b o tcom type,
—;----ai véfiotiB' atiptii type Omega ( - ) Decca ( - ) Navsat ( - ' )
Radar. ( 2 ) Bathometer ( )
Other . A u to p ilo t 1__________________________________________________
s + fe additional catch 41
other finfioh Badio d ir e c tio n fin d e r 1
Sonar 1

17» Cargo Capasity (iST)_

S a lted F i s h _________ Fresh Fish
Frozen Fish 60 Fish Heal
Other ____________

18. Cargo Space

Number ____
21. Name and Address o f Agent Appointed to Beceive Any L eg a l Process Dry Hold
Issued in the U nited S ta tes Tanks ___

1 canned f i s h h old
1 f i s h meal hold

UriKTE TV '3enpuSa' 886 200

FISHING VESSEL IDENTIFICATION FORM (FOREIGN) o ie-7 7 -o vv

19. Processin g Equipment (in d ic a t e d a ily ca p a city, MT)
F reezers 35 t/24h
F e r a it F e rio d A pp lied For
Fish meal pla n t 30t/24h (raw material
A p p lica tio n No__ ( 7*7 — / Fat m elters 500kg/24h
For Use o f Issu in g O ffi c e
2 Autoclaves 350 cans
S ta te___________ 0838______________________________________
Semiantomat&cjcan c lo s in g machine 10 cans/min.

20. F is h e rie s f o r which Perm it i s Bequested

1 . Name o f T e s s e i DAINAVA ______ ______
Ocean Area - P eriod ’ Species ^Contemplated Gear to he
2. V essel Hot H ull No I-B-Q557_________ B e g is tra tio n Ho H-31496
(fr o m -to ) Catch (ME) Used
3* Name and Address o f Owner 5 Ze 24.04-30.06.77 hake 1613 BT.MST
Hame_______ Klalpedskaya Basa tra lo vo g o I l o t a
jfcZe Burbot 1655 BT.HWT
5 Ze o th er 938 . BT,MWT
Address_________ 235806 , Nemuno s t r . 32 — ■— — —------ -------- — ------ spe c i e s— ■ .......

________Klaipeda, USSB____________

Name and Address o f C harterer_________

4 . Homeport and S ta te o f B e g is try K laipeda, USSB

5. Type o f T e a s e l l a r g e D istant Stern F reezer Traw ler
6. Tonnage (Gross) 2582 ¡je t 888,2
7. le n g th 83,9______ 8. Breadth 14,02 q. Draught 5,7
10. Horsepower 2000__________ shp 11. Uaximum Speed 10 ______ k t
21. Name and Address o f Agent Appointed to Beceive Any L eg a l Process
12. Propu lsion: D ie s e l ( \ ) Steam ( ) D ie s e l/ e le c t r ic ( )
Issued in the U nited S ta tes
Other ____________________________
13. Date B u ilt 1970
14. Number ana N a tio n a lity o f Personnel 92, USSB___________________
O fflo e r s 23 - Cre w 69 Other ( 8 p « o lfy )

1B1KTB ry '3aspu6a* 988 200

FEDERAL REGISTER, V O L 42 , NO. 85— TUESDAY, MAY 3, 1977

22548 NOTICES

FISHIHO VESSEL IDENTIFICATION FORM (FOREIGN)

U P 'T ? -O tf?2'
19. Processin g Equipment (in d ic a t e d a ily ca p a city, HT)

Perm it P erio d A pplied Por 2 Tunnel fr e e z e r s 30 t

A pp lica tio n Ho, Vacuum drum d r ie r meal plan t 20t/24h(raw m a teria l)
2 Fat m elters IZK 0 ,5 t
Por Use o f Issu in g O ffic e ______
s t a t e ________ _______ PSSB 2 Autoclaves 0 600 . 0 ,4 t
Can c lo s in g machines I9-C3KM 0 ,4 t

1 . Haste o f Vessel APHAMASY. NIKITIH_______________ _ 20. F is h eries Tor «à lid i Perm it is. Be Quested

2. V essel Ho* H u ll Ho BB-039»__________ R e g is tra tio n Ho 3196 Ocean Area P eriod * Species Contemplated Gear t o be
(fr o m -to )
Catch fHT) Dsed
3* Haste and Address o f Owner
5 Ze 24.04-30.06.77 hake 2100 Bt.U IT
Haste Rlzhakaya Basa tra lo vog o f l o t a
5Ze burbot 440 BT
5 Ze oth er
Address________ Hr-Sa
species 260 BT,MWT
Lasbu s t r . ,52

Haste and Address o f C harterer

4-. Homeport and 8 ta te o f R e g is try R ig a ,USSR

5* Type o f V essel Large D istant S te m Freezer Traw ler
6. Tonnage (G ross) 3*170__________ _ j e^. 1225

7. Length ^ . 7 ________ 8. Breadth 1^ » ° q. Draught 5,5

10. Horsepower 2000__________ shp 11. Maximum Speed 12»0 let
21. Haas and Address o f Agent Appointed to R eceive Any L eg a l Process
12. Propulsion* D ie s e l ( + ) Steam ( ~ ) D ie s e J / e le c tric ( - )
Issu ed in the U nited S ta tes
Other ______
13. Date B u ilt 1964

14. Humoer ana n a t io n a lit y o f Personnel________ 92, PS3R

O ffic e r s 22 Crew 69 Other (S p e c ify ) ** doctor

llriKTB ry ,3anpu6«' 889 200

0/2- J l- C W L FISHING VESSEL IDENTIFICATIOH FORM (FQKSIGH)

15* Communications* VHF-14F ( r ) , AM/SSB, Voice ( ♦ )
Telegraphy ( ♦ ) Other
Perm it P erio d A pplied For
In tern a tio n a l Radio C a ll Sign U S S Q _________
A p p lica tio n Bo, 0 6
Radio Frequencies Monitored 500, 2182 KHz,channel 16
For Use o f Issu in g O ffic e
Other Working. Frequencies ' ______________

1. Hama o f Vessel GDBERTAS BOHISA .

Schedule W i i A- 2 ¡ Ar.? »A *A- 3-H*F—1 |F—3t A- 2-H-
2. V essel Ho* H u ll Ho IB-0233 R e g is tra tio n Hp *-27381
15. H avigation Equipment* Loran C ( f ) Doran A ( + )
3 « Hams and Address o f Owner
Omega ( - ) Dacca ( + ) Havsat ( - ) Hame______ K la lpeiska ya Basa tra lo vogo f l o t a
Radar.. ( + ) Fatbometer (. — ) *
Other Radio d ir e c tio n fin d e r CRP-5
Address 235806,Hemuncstr.32
Sonar f
Klaipeda ,PSSR .

Hame and Address o f C harterer_____

17. Cargo Capasity. (MP) •
S a lted Fish Fresh Fish W M lS t -
Frozen Fish *°° Fish Heal 98 4 . Homeport and S ta te o f R e g is try Klaipeda,USSR
Other fis h o i l - 27 t
5. Type o f Vessel Large D istant Stem F reezer Traw ler

6 . Tonnage (G ross) 3162______________ Ret 1307 ; -

18. Cargo Space
7. Length. 84.70 8. Breadth 14»°2 o . Draught
Humber Hame
10. Horsepower 200°__________ shp 1 1 . Maximum Speed 10 kt
Dry Hold 123 V?
12. Propulsion* D ie s e l ( 1 ) Steam ( “ ) D ie s e V e le c t r io ( " )
Tanks f i s h o i l - 33,7 m3
Other _________
13. Date B u ilt 1965
Other -
14. Humoer ana R a tio n a lity o f Personnel 92. 0SSH_______ _______
O ff l o w s 23 Crew 69 Other (S p e c ify )

FEDERAL REGISTER, VOL. 42 , NO. 85— TUESDAY, MAY 3, 1977

 NOTICES 22549
0 £ -7 7 -0 V 7 3 FISHING VESSEL IDENTIFICATION FORM (FOREIGN)
15* Communications! VHF-HF ( ♦ ), AK/S3B, Voice ( + )
Telegraphy ( + ) Other_________ ■
________________________ Perm it P erio d A pplied For __________
In tern a tio n a l Radio C a ll Sign UHSP _____ A p p lica tio n Ho O i £ - 7 7 - / * " )< / 7 V ________ -
Radio Frequencies Monitored 500,2182 k H z ,1 5 6 ,8 M H z________ For Use o f Issu in g O ffi c e _____________
Other fo rk in g. Frequencies ___________2575 kHz_____ _____ «-____ S ta te_________ 0888___________________ _______

1 . Name o f Vessel TUHAH LIIV- ' .

Schedule A/ ~ ß ________ '_______'_____ __ 2. V essel Hot H u ll Ho EB-0489_________R e g is tra tio n Ho »-2990»
16. Navigation Equipment! Loran C ( 1 ) loran A ( 1 ) 3» Hams and Address o f Owner
Omega ( _ ) Decca ( ^ ) Kavsat ( _ ) Name______ Estonian Production A sso cia tion o f Fish in g Industry
Badar.. ( 2 ) Fathometer ( _ )
Other Autopilot 1_____________ „______ ' Address 20*X)25
Badio direction finder 1 _____ • _______ PaJ.jas3aarestr.28, T a llin n , USSR
Sonar 1 ________________ Name and Address o f Charterer_______
17« Cargo Capasity (KT) ________ - _______
Salted Fish _ _ _ _ _ _ _ _ _ _ _ _ _ Fresh Fish_________
Frozen Fish 610 Fish Meal ____ 80_____ . 4 . Homeport and S ta te o f R eg istry Tallinn,USSB
Other _______________ 5. Type o f V essel__________stern tra w ler

6. Tonnage (G ross) 2690 Net 925*58

18. Cargo Space 7. le n g th 75,0m 8 . Breadth 14,02m q . nr^gH-fe 5 »6m
Number____________ _ _ _ Name 10. Horsepower SXX)hp ahp 11. Maximum Speed 12________
Dry Hold 3
12. Propu lsion: D ie s e l ( 1 ) Steam ( _ ) D ie s e l/ e le c t r ic ( _ )
Tanka ______ ____ 2
Other ________
13. Date B u ilt ‘»968 _______
Other canned f i s h h old 1 14. Humner ana R a tio n a lity o f P »r««n n el 94 men USSR
Fish meal h old 1
O ffic e r s ___ 24_________Crew 7° Other (S p e c ify )__ ___________

o£-77-OV*3 , 6 £ -7 7 -O V ??
19. Processing Equipment (in d ic a te d a ily ca p a city, MT) 15. Communications: VHF-HF ( + ), AM/SSB, Voice ( ♦ T
2 Freezers 15t/24h Telegraphy ( ♦ ) Other
Fish meal plant 30t/24h (raw materiali In tern a tio n a l Radio C a ll Sign ESB1I ____________ .
2 Fat melters 400-500 kg/24h Radio Frequencies Monitored 500 KHZ,2182 KHZ,156,8 MHZ
2 Autoclaves 0 600 350 cans Other Working. Frequencies ____ 2575 KHZ
Semiautomatic can closing machine 10 cans /min

20. F is h eries f o r which Perm it i s Requested

Ocean Area P erio d ' S pecies Contemplated Gear t o be Schedule j j - 16 ________________

(fr o n - t o ) Patch (MT) Used
16. N avigation Equipment: Loran C ( 1 ) Loran A ( 1 )
5 Ze 10.04—10.06.77 Hake 1026________ BT,MWT
Omega ( - ) Decca ( - ) Havsat ( - )
5 2e Burbot 1064 BT.MWT
Radar.. ( 2 ) Fathometer ( 2 )
5 Ze oth er 968 BT.MWT
Other , A u to p ilo t 1 ___________
ra d io d ir e c tio n fin d e r 1 *
h ydrolocator 1________
17. Cargo Capasity (lip _________

S a lted Fish -______ ' Fresh Fish ____________ '

Frozen Fish 610____________ Fish Meal 80________
O th e r___________________

18. Cargo Space

lama
Name and Address o f Agent Appointed to R eceive Any L eg a l Process Dry Hold 3
Issued in the U nited S tates
Tanks 2

Other t i n h old 1
fl3 h flo w e r hold 1

ilnKTB r y * 3 a iip H 6 a v 98Ô 300

FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, MAY 3, 1977

22550 NOTICES

2.
ü £ -7 i.-ó V ÌY
19.. Processin g Bquipment (in d ic a te d a ily ca p a city, UT)
O Z - l K i V 'ì S
R e fr ig e r a to r apparatus 2 (15 tons a day)
1° * T s ^ L L 'n S w . 11. l^siEtìn Srssd 13 ì:r.
Fish flo w e r equipment -1 (30 tona s t u ff a day) -Ì--JW.J IR KOAy liKcssawarad cìioUUìTS
C o d -liv e r o i l b o ile r s . 2 (400-500 kg a day) 11. Propulsions E ies el ( 2 ) , Stona ( ) , D io sol/ :a.octrìc ( ),
Autoclave ft 600
AKsrsTezpKsg ^::sc.'3i:aH naposjfl xU3e.ns-aaci:Tp:iqic;:ai’
2 (c a p a c ity i s 350 eens) ycranoBas
Other
Bend r o llin g semi-automat 1 (lO csns a minute ) Dpoqafl“ : ~ --------
F ia h erie s f o r which Perm it i s Requsi 13. Dato B u ilt 1968
M i a nocrpàUità '
Ocean Area -P eriod Species
T?r55=to) 14. Jjuabor and n a tio n a lity o f Personnel 80 » 05511
W . 2 §±d XoJiiiecc720 :: iifiiiaaiiaiiiiicoTs n&nc&iis.ia -■
5 Ze 20.04-30.06 s i l v e r hake 1850 bottom type. O ffic e r s ---- 20 Crew 6° Other (S n s c ifv )
ox VUilluu3 dépth
, type JCoKaKSEjS C0CV23 jìoisjHxa Àpyrxe x.n$a \yv.v^ì% u ~ .
5 Ze red hake 500 1 5 . porcu n ication s s V51P-JH ( 1) , Aì/SSB, V oice ( 1 ) ,
CBS3Ì Pay,;:o iena ¿oa .
5 *6 a d d itio n a l catch 230 _•>_
Tclecraphy ( 1) , Other fa c s im ile , l e t t e r p rin tin g
oth er f i n f i ah feaerpapass iiponec

In te rn a tio n a l Sodio C o il Sign

lteiSyita?o;y5j’! pKUCBoaiouoa
Radio Frequencies M onitored __ 156,8 2102 500
Ko.H?poE:pye:a:e pa£io<i£c?oni
O ther S c rk ia ; Frequencies 156 . 162 2400 ;2575 ;425
APyr:;3 paao<i.:e qccfova ~ —
I S T s'4545 400} 515.-------------

------------------- ---------------------------- ------------ ■' y __________

+ f— l fe •
Tgo-gadio o pmratcarn-kecp watch accord in g t o
Schedule _ _ _ the- i a t em a t i o n a ^ t in e - t a b le ^ e ie - ___________
21. Haas.and Address o f Agent Appolnted to H eoeive Any l e g a l Procesa
Pesia patosa
-Issu ed in the United S ta tes
16. n a v iga tio n Squipnent: Lor&a C ( 1) , Loren A ( 1 ),
y HaB:;p£!£oàsce oöopysoBtaxe äopaa 0 Jopa a a

Onega ( ), Becca ( ) , Havsat ( ) , Radar ( 2) .

Ouera Äsxa Haue a t ?a;,au

Fathometer ( jO, Other hydro-coaiiaga, echo depth sounder,

©a30"i?p iipoaee ra d io d ir e c tio n iu n io r, ¿og .

uttktb rr '3mpus. ' osa 200

FISHTKS V-SSJL IÖHiTIFXC.'vilC.'I FOSSI ( ; oküIGI;)

3.
« O K a DO «F J J jC T îiü X a üJCrùIO-ïJÂIU’I ¡S S 2 X
äahüüx Kî»atacEî:cro csj&k O ß - 7 7 -û Y 9 S ~
1 ? . Cargo Capacity (:; t ) 18e Crj.'go Spr.cc
PDy303i‘ecv:;::ocTi> (u r) rp j3 o jSUO CROCISI
SSîfegr Saxo
F e r a it P e rio d Aunlicd Por» A p p lic a tio n ï o . U £ - 7 ) - ö V er S '
Bep:;c5 , ko .icvopaJ
•eapsixuasTCs ta3se¿:cri;;e:
J ot Use o f r= su ir ~ O ffic s
JBsr "cno:rt.1 022 inuj yMCorscaaea, B a ited Pieh not fre e z e r _______ ■
x s & x & a pcapeoesto ' CiueiBE y.opcz u a : x ¿
2 , r o t o r _______ • _
S t a t e :
Crpsita Fresh Fish ” 01 Dry H old r e fr ig e r a t in g 3
Csczan pi-iCa
meal

1 . Kano o f Vessel "PTATIGORSK"

Frozen Fish 500 Tadfcs 35 w lth to tm l
Hc3B3u;:e c y ;v :a XopoHCMa fata Tame: 3
ÎV-7139 ’ 127 vo lune 710 n
2 . V essel K o .: H u ll Ko. ______ Registration Ko. 1
ft cvÄHa • a xopnyca jroiiíosiaciíon.'üa ‘J
Fish Meal 60__________ o th er 2 processing
3« Kane and Address o f Owner Käme and Address o f Charterer Pi;oua¡i uy;:a iipoMKe
Hua h aspe cysosiïis.TB^a ASK 3 aSPSC i¿paXS033S3S8 equipments
Hace SPQRP"ATlantika"
Him " Other ,
Address Fiavda s tr e e t ,10 flpoves
*KJCC Sevastopol, USSR not fr e ig h te d

19 . •Processing 3quipaent (In d ic a te d o ily ca p a city , 13)

Text!0 ;;or.;wcc::oc ocop;c.C|ani:e ( y r a s a a c y .O H Z jD .itoiissoAK-
Cubic Address 0338 TCRBH0C7S 3 MSrp.TOKiia::) •
ïexerpeiH iiâ a,ipec
Fraeslng conveyor .IBB-22,5 -2
Sevastopol, Trawl 156
2 X 22,5 t/d

4 . Honeport and S tate o f R e g i s t r y : ' Sevastopol, USSR Fish meal plan t VF/W-2 -1
nop? a C5?2;a npsnKcxs “----------------------- — :---------- . 6 t/d
5 » Type. o f V essel S tem ‘tra w ler
Tim cyana ~ ~ ...... ------
6 . Sennas* (G ross) ? 177,3 ^ 746,25 r » t .
Tojiues (S py- to ) : ; (H o v io )------------------- —
7. le n g th 81,99 8 . Breadth 13,6 M. 9 . B r a ft _ * • 55 ~
Bapsaa rv »n ^ "

FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, MAY 3, 1977

 NOTICES 22551

20.F is h eries f o r which Permit i s Requested:

o ft- 7 ?-< 5 W 10. Horsepower'-

L&woccx.
2320
r n ü !o § ÿ
11« IRizicum Creed
ilasevxa^bTAA CEopuiva
13 k t.

11. Propu lsio..: r e 2), S te sa ( ) , D icso l/ H le c tric ( ),

Ocean Area Period Species Contemplated Gear to be Jsstrijsósssoa :3H caposali SKsesi-aACi:sp:;^3Ci:a.‘:
(fro m -to ) Catch (MT) Used JCÏ3E03K3
Other
npoEOS
1967
1? . Dato Built- _____
fiaïa noc7pa:;K:i
80
Ocean Area B 16/ 5- 30/6 Hake 895 p e la g ic and bottom 19« Number and n a t io n a lit y o f ____ _____
KojniiecTBû a H a^ rau au accn n&pooüa.ia
20
O ffic e r s ____________ „_
_____ _ 60
______ Other (S n e c ify ) ______
KoaaîiaEnS C0CV33 ¡îoisuixa fipyrne .i:ua tynasai'i .-.a...
Ocean Area B 16/5-30/6 Red hake 345 p e la g ic and bottom
traw ls 15« Communications: THF—
KJ ( Al/SSB, V oice ( 1 ) .
Cb S3J> Fs^iopese^ .
Ocean Area 2 16/5-30/7 Squid i l l e x 26 p e la g ic and bottom Telegraphy ( 1 ), Other a c sim ile, l e t t e r p r in tin g
traw ls ïe*erpa£3aa liponeC
In te rn a tio n a l Radio C a ll Sign ___
Ocean Area 5 16/5-30/7 Squid i l l e x 80 p e la g ic and bottom
traw ls
Ifejyiyiraposmin P£RAPeo3uehoü
Radio Frequencies Monitored 500
KoH?pojn:pye:3;e pasroqacTorj
Ocean Area 2 16/5-30/7 Squid l o l i g o 9 p e la g ic and bottom ................ as per s h ip 's lic a
O ther working Freeuon ei es
traw ls fipyrna pac5o«.:e qac?o?a

Ocean Area 5 16/5-30/7 Sqyld l o l i g o 20 p e la g ic and bottom

traw ls
H - W
Ocean Area B 16/5-30/7 Other f i n fis h 145 p e la g ic and bottom
Pesaa paOosS---- J a w ^ A u H a l - t ^ - t -----------
traw ls
16. N avigation Squipnent: lo ra n C ( Io ra n A ( 1 ) ,
KaB:;rau:toa:-:oe obopysoaaaue nopaa 0 Sopaa A
21« Name and Address o f Agent appointed to r e c e iv e any le g a l Omega ( ), Dacca ( ) , Navsat ( ■ ) , Radar ( 2 )«
process issued in the u nited S ta tes: Onera A?za HascaT fa*ap
hydro-compass, echo depth so
Fathometer ( 3 ), Other ra d io d ir e c tio n fin d e r , lo g
0a3onerp npoqee

FISHING VSSSSL I33U2I2ICA5KCR POSSI (FCRHIGil)

oopi’iA no muffA&tZa sxcûæAv&.cium-'rzaiir&szx O f t -7 7 -6 f V &
îahühx KihcaosKora cy&a. • Cargo Capacity (N T ) 18. ‘ Cargo Spaco
rpyso3re3?::i:oc?B (u ?) rpysoEUC eiimocTH
Ss Sot Kamo
Perm it P erio d A pplied For: A p p lic a tio n No .o ê - 7 7 - û V r é K0.i::qec?30 na3Ean::e
IIcb '.;o a , Ha ::cvorc:;j Sas?2Ka Li
aanposcisaetca naspeHeHiie:
For Use of. Is su in g O ffic e S a lte d Fish n0 F reezer 2 ro to r
20/5-15/7 /¡Sig ::cno.'iîir;03S!t;:r. y«¡cesspHueN,
husbkshu paape&eHiie Coj.eiraH jaCr. yx>zcz:j&::.f.:Z 0c.
i-.

S t a t V USSR Fresh Fish Drv Hold 3

Crpana CbCTXK frida Cyxo2 rp=~ ■

- ; "AYU-DAG" • Frozen 11 sh
. . 3 5
Tanks
w ith t o t a l volume
1 . Kane o f Vessel ___________;_____ ___________________________ Hopozecaa paca TaHKM f 1u 1 •
Ha3B3B;:e eyssa
FV-7105
2 . V essel Ho • s H ull Ho« •______Regi s tr a tio n !7o •
ft cy£Ha . ¡3 Kopnyca ' ¿oraospau-ou.!u:3 .‘I Fish h ea l 60 Other processing equapmc.it
3« Kamo and Address of Ov/nor Haas and A-dcress of Charterer PuGnan uyna iiponne 2
Htm h aap3c cysorisRe.-iBija -c:s a aspec dpaxrozarssH
Name SfORP"AtlEntikaM
Other
Hun
Fravdy s t r e e t , 10 , lipovee'
Address .________________
¿Apec
Sevastopol,USSR - not fr e ig h te d 19« Processin g Fquipaent (In d ic a te d a ily ca p a c ity , NT)
Texi:o;:orutiec::ce ococvy.cyaHiie (ysaasTB CYUoqsyn stcosssojn:-
fcaiEocri 3 h2?p.io:-::;ax)
Cubic Address ____
ïejierpaÂKüiî a,ipec Freezing conveyor 3H-22,5 2 2 X 22,5 t/24 hours
— Tlfm-nsar-pTsnt-------- ------------- 1--------- 6 t /24 AflUfa---------------
Sevast o p o l, Trawl 156

_ „ . Sevastopol.USSR
A . Honeport and S ta te o f R e g is try :
flop? a cipana apiamcies
5 . Eroe. o f V essel ' stern L a w le r
Tim cyasa
2177,3 746,25 r . t .
6 « Tonnage (G ross) ( N e t) •
Tonnas (cîpyjs 0) . (Hc??o)
7. le n g th - 81»99 8« Breadth 13>S SI. 9 . D ra ft f . » .
Amina Eapnaa OcaaKa

FEDERAL REGISTER, VOL. 42 , NO. 85— TUESDAY, MAY 3, 1977

22552 NOTICES

20.F is h eries f o r which F e ra it i s Requested!

o(2-7 i-oriO
Ocean Area Period Species Contemplated Gear to b 9
(fro m -to ) Catch (MT) Used

Ocean Area B 21/5-30/6 Hake 772 p e la g ic and

Ocean Area B 21/5-30/6 Red hake 260 p e la g ic and

Ocean Area 2 21/5-30/7 Squid i l l e x 37 p ela g ic and

Ocean Area 5 21/5-30/7 Squid i l l e x 60 p e la g ic and

Ocean Area 2 21/5-30/7 Squid l o l i g o 5 p e la g ic and

Ocean Area 5 21/5-30/7 Squid l o l i g o 15 p e la g ic and

Ocean Area B 21/5-30/7 Other f i n fis h 124 p e la g ic and

bottom traw ls
i
21.Name end Address o f Agent appointed to re c e iv e any le g a l
process issued in the United S ta tes:

[P R Doc.77-12315 Plied 5-2-77;8:45 am]

FEDERAL REGISTER, VOL. 42 , NO. 85— TUESDAY, MAY 3, 1977

 NOTICES 22553

[Public Notice 539]

FISHERY CONSERVATION AND MANAGEMENT ACT OF 1976
Applications for Permits To Fish Off the Coasts of the United States
The Fishery Conservation and Management Act of 1976 ( Pub. L. 94-265) (the “A ct” ) provides that no fishing shall be
conducted by foreign fishing vessels in the Fishery Conservation Zone of the United States after February 28, 1977, except in
accordance with a valid and applicable permit issued pursuant to section 204 of the Act.
The Act also requires that all applications for such permits be published in the F ederal R e g ist e r .
Applications for fishing during 1977 have been received from the Republic o f Korea, and are published herewith. I t is noted
that these applications relate to activities involving the processing of fish purchased at sea from vessels of the United States.
Dated: April 26, 1977. K athryn C lark -B ourne ,
Acting Director,
Office df Fisheries Affairs.

Wis h in g v e s s e l id e n t if ic a t io n fo r m ( f o r e ig n ) FISHING VESSEL IDENTIFICATION FORM (FOREIGN)

A p p lic a t io n N o. £5-77-0077 P e r a it P e r io d A p p lic a t io n No.

F o r U se o f I s s u in g O f f ic e A p p lie d F o r : *977_________ F o r U se o f Is s u

R e p u b lic o f K o re a S ta te : R e p u b lic o f K o re a

o f iV. e; .s.s e ,l S o o G o n gJ 5 1
e J GA ECH U K HO ( E X . Y U S l( f HO) 19 . m
N sae -

e l N o .: H u l l N o . ____ R e g is t r a t io n M o. 017 2. V e s s e l N o .: H u l l N o . __________________ R e g is t r a t io n H o. BF 38235

and A d d r e s s o f Owns N aae and A d d re s s o f C h a rte z e r 3. Name a n d A d d r e s s o f O wner N ane an d A d d r e s s o f C h a rte re r

K o re a N a r in e I n d u s t r y D e v e lo p - g £ Be K o re a M a r in e In d u s try D e v e lo p m e n t C o r p o r a t i o n
le n t c o r p o r a tio n
1 7 5 -8 7 , A n k u k -d o n g 5 5 - 4 , S e o s o m u n -d o n g , A d d re ss $ 5 -4 , S e o so m u n -d o n g , C h u n g -K U ,
C li o n g r o - k u ,
S e o u l, K o re a S e o u l, K o re a S e o u l, K o re a

C a b le A d d re s C a b le : K M ID C S E O U L C a b le A d d r e s s M *100 S E 0 U L _________'____._______________________
T e le x : KM IC D K 2 7 2 8 8
T e le x : K M ID C K 2 7 2 8 8

H o n e p o rt and S ta te of R e g is B u san , K o re a 4. H o a e p o rt and S ta t e o f R e g is t r y : B u s a n , K o r e a ________________

_ " (H o ld p e r m its o f T r a w le r
Type of V essel F a c to ry S h ip ( P r o c e s s in g ) 5. Type o f V essel F a c t o r y S h i p ( P r o c e s s i n g ) ? l8 h e r y m G u lf o f

Tonnag 2 3 ,7 9 9 .9 7 (N e t) 4. -T .n n .g . fC c n a .i » ,5 1 0 .7 4 f , . t>

L e n g th 1 9 3 ______ H . 8. B re a d th 2 6 .2 1 m . 9. D r a f t 1 **«7 ** K . 7. L e n g th 1 0 1 .8 0 g. B r e a d t h Ü _____ M . 9. D ra ft 11« ° ° H.

H or 1 0 ,5 0 0 , hp. x i. M a xim u m S p e e d 14 «5_________ k t . 10. H o rse p o w e r 4 » 900 ahp. 11. H e x ia u a S p e e d 15___________ k t .

P r o p u ls io n : D ie s e l (x). S t e a a .( ), D le s e l/ E le 11. P r o p u ls ic n : D ie s e l ( <, S te a a ( >, D i e s e l / E l e c t r i c ( ),

O t h e r ________________ • O th e r

D a te B u i l t -1955 13. D a ta B u ilt O c t. 1974

Num ber and N a t io n a l it y of Pe 450 m en, K o re a 14. Hum ber and N a t i o n a l i t y ol l F e r a o n n e l 145 m en. K o re a

O f f ic e r . 3 0 __________ C r e w 4 O th e r ( S p e c ify ) O f f lc a r s 1S C re w 32» O th e r (Sp e c i f v)

Coa e le c t io n s : V H F-FH (x ), A M /S S B , V o ic e (x ) , T e le g r a p h y (x ). 15. C o a m u n lc a t : lo n a : V H F -F M ( ]), A M /S S B , V o ic e < x ). T e le g r a p h y (* :

O th e r L if e T r a n s c e i v e r _____________ O th e r

I n t e r n a t i o n a l R a d io C a l l S ig n 6 MTO I n t e r n a t l o i a a l R a d io C a l l S it a 6 NEZ

R a d io F r e q u e n c i e s M o n l dM F(A I A2) 5 00 H F ( A l) 4 1 8 0 ,V H P (F 3 ) R a d io F r e q u e n c ie s M o n it o r e d 8 : 4 1 8 6 , 6279 C: 8399

îië.ao
O t h e r W o r k in g F r e q u e n c M F ( A l A 2 ) 4 1 0 , 4 2 5 H F ( A l) O t h e r W o r k in g F r e q u e n c i e s 4 1 9 9 . S K H Z , 6 2 9 9 . 2 5 K H Z , 22300KH 2
4 , 1 9 4 . 5 V H F (F 3 ) 1 5 6 .3 0
S c h e d u le 8 h o u r s d a i l y S c h e d u le _________________________________________________________________ _

C (x). L o ra n A
/t5-77-Ú077
( x ) . O nega
( ). 16. N a v ig a tio n E q u ip m e n t : .L o ra n C ( X ), L o ra n A ( X) # O n e g a ( ),
N a v i ge c l o n E q ui p m en t: Lo ra

( x) t fa th o m e te r ( x) » D acca ( ), R avsat ( ), Radar ft ) , F a th o m e te r fc ) ,

D ac c a ( ), tl ava ac ( ). Nada
O t h e r __________________________ ____________ ______________________

18. C a rg o S pace 17. C a rg o C a p a c it y (M T ) 18. C a rg o Space

C a rg o C a p a c it y (M T )
Bum her ■ Ha Huaber . H aae

F re e ze r 3 1* S a lt e d F is h _________________ F re e ze r 3 1 -3

D ry H o ld 10 7 F re sh F i s h _____________ ■ D ry H o ld 2
F re sh F is h
8R C 9 B C !
F 1ah 3 ,8 0 0 F ro ze n F is h 2 , 3 1 2 ________ Tanks 9
Tank. T c 1 2 ,2 4 4 M

F l. h Ma a 1 5 ,3 0 0 O th e r F is h I l e a l _______________ ' O th e r
F is h O il 4 11
O t h e r _________________________
O th e r P i8 h 0 i l i » 900

c a p a c it y , M T ) 19. P r o c e s s in g E q u lp a e n t ( In d ic a t e d a lly c a p a c it y , M T )
P r o c e s s in g E q u lp a e n t ( I n d ie s t e d a lly

C o n ta c te r F re e ze r : 36 s e t 2 5 0 M /T F is h M e a l P la n t : 25

F is h M e a l P la n t 2 5 0 M /T F ille t P la n t : 40 _______________ __________________

F ille t M /C B a a d e r 1 8 1 1 6 s e t 5 0 M /T M in c e d M e a t P l a n t : 3 0 _____________________

F r e e z in g C a p a c it y : 135

t is R e q u e ste d : 20.. F is h e r ie s fo r w h ic h P e 'r a lt is R e q u e ste d :

20. F is h e

C o n t e n o ls t e d O cean A re s P e r io d S p e c ie s C o n t c n p la t e d Cear to be U sed

O cean A re a
(P ro m -T o ) C a t c h (I1T) 41
Ho engage p r o c e s s in g To engage p r o c e s s in g
o f f i s h i e s i n G u lf o f • & l f o f A la s k a 1977 P T o o e s a in g None o f f i s h i e s i n G u lf o f
G u lf o f A la s k a 1977
A la s k a s u p p lie d b y the Al ask a s u p p lie d b y th e
A la s k a n fish e rm e n A la s k an fish e rm a n

21. Name a n d A d d r e s s o f A g e n t a p p o in t e d t o r e c e iv e any le g a l

p r o c e s s is s u e d in t h e U n it e d S t a t e s :

M r . W i l l i a m C . F o s t e r , P a t t o n , B o g g s a n d B lo w M r . W i l l i a m C . F o s t e r , P a t t o n , B o g g s a n d B lo w
" 1 2 0 0 s e v e n t ê e n t n s t r e e t , N . W . , W a s h i n g t o n , D . C . 2ÔÔ36 1 2 0 0 S e v e n t e e n t h ' S t r e e t , ' H . W . , W a s h i n g t o n 7 D .'C . 2 6 0 3 $
T e l . ( 2 0 2 ) 2 2 3 - 4 0 4 0 , I T T T e l e x : 4 4 0 3 2 4 , WU T e l e x : 8 9 - 4 5 2 T e l . ( 2 0 2 ) 2 2 3 - 4 0 4 0 , I T T T e l e x : 4 4 0 3 2 4 , WU T e l e x : 8 9 - 4 5 2

M r. R o b e rt C . E ly - A tto rn e y

T e l . (90 7 ) 2 7 6 -5 1 2 1 , C a b le : NO RTHACRE, T e l e x : (0 9 0 ) 2 5 -2 9 2 T e l . (90 7 ) 2 7 6 -5 1 2 1 , C a b le : NO RTH ACRE, T e le x : (090) 2 5 -2 9 2

FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, MAY 3, 1977

22554 NOTICES

FISH IN G V ES S E L IDENTIFICATION FORM (F O R EIG N ) FISH IN G V ES S E L IDENTIFICATION FORM (F O R EIG N )

P e r n it P e r io d A p p lic a t io n H o. ¿ 5 ^ 7 7~CQ7J F e r a it P e r io d A p p l ic a t io n N o .)
A p p lie d F o r : _ F o r U se o f I s s u in g O f f ic e A p p lie d F o r : F o r U se o f I s s u in g O f f lc
Republic of Korea Republic of Korea
S ta te
Tae Yang 11
1. Nane of V essel

2. V essel N o .: H u l l No. R e g is t r a t io n Ho. 4 2* V essel N o .: H u l l No. ______________ R e g is t r a t io n H o. BF 21875

3. Nane and A d d re ss of O w ner N aae and A d d re ss of C h a rte r 3. N am e and A d d re ss of O w ner Nane and A d d re ss of C h a rte re r
N Korea Marine Industry Development Corporation *
N am e ___ K o r e a M a r i n e I n d u s t r y _
55-4, Seosoraun-dong, D e v e lo p m e n t C o r p o r a t io n
A d d re ss — g e o s o mun » d o n g , _
Chung-ku, Seoul, Korea C h u n g -k u , S e o u l, K o re a

K M ID C SEO U L
C a b le Addr C a b le A d d r e s s . K M ID C S E O U L
Telex: KMIDC K27288 T e le x N o . $ K M ID C K 2 7 2 8 8

H o n e p o rt and S ta te of R e g is t r y : B u san , K o re a 4. H o n e p o rt and S ta te of R e g is t r y : B u san , K o re a

T ra n s p o rt
5. Type of V essel
7 ,0 7 3 4 ,2 2 0
6. Tonnage ( G r c ,s s > 8 ,6 0 0 ,.8 1 (N e t) 6• Tonnage (G ro ss) (B e t)

7. L e n g th 1 3 0 . .0 0 M. 8. 1 8 .0 0 ,
B re a d th 7. L e n g th I « ? '” M. 8. B re a d th 1 9 , 26M . 9. D ra ft 8 -0 0 M.

10. H o rse p o w er 5 ,5 0 0 _ sh p . B o rs e n o u e r < »350 , hp. n .

11. M a x in u n 10. M a x im u m Sneed 1 4 ,0 k t.

11. P r o p u ls io n : D ie s e l ( x ) , . S te a m ( ), D l, e l/ E le c t r ie ( ), 11. P r o p u ls io n : D ie s e l (X ), S te a m ( ), D le s e l/ E le c t r lc ( ),

O t h e r __________ O th e r

13. D a te B u l l t W ov. 1956 13. S a te B u ilt Nov. 1946

14. Nunber and N a t io n a lit y of P e rso n 150 men, Korea 14. Hunber and N a t io n a lit y of P e rso n n e l 150 m en, K o re a

O f f ic e r s 1 6 ________* C r e w 134 n**. 16 • 134

O th e r ( S p e c ify ) O f f ic e r s C re w O th e r ( S p e c ify )

15. C o n n u n lc a t lo n s : V H F-FM (X ), A M /S S B , V o ic e (X ), T e le g r a p h y (x). 15* C o n n u n lc a t lo n s : V H F-FM (x ), A M /S S B , V o ic e (X ), T e le g r a p h y (x),

O th e r •■ O th e r ; ;_________-_______________

I n t e r n a t io n a l R a d io C a ll S i a n _________________________________ I n t e r n a t io n a l R a d io C a ll S ig n 6 LBH

R a d io F r e q u e n c ie s M o n it o r e d S O R T W AVE 11W X1 M ID W AVE 250W X1

4199.5KHZ, 6299.25 KHZ, 22300KHZ
R a d io F r e q u e n c ie s M o n it o r e d

O th e r W o rk in g F r e q u e n c ie s AUK 40W X1 VHP 2 5 W X 2 ___________________

.... „ 4199.5KHZ, 6299.25 KHZ, 22300KHZ
O th e r W o r k in g F r e q u e n c ie s _______________________________ .

S c h e d u le _______________ ________________________________________ _____ S c h e d u le '___________________

a t: L o ra n C (x), Lo ra n A ( ), O nega ( ),
79
9/ ¿¿SO -77-0080
16. N a v ig a tio n E q u ip s 16. N a v ig a tio n E q u lp m » t: L o ra n C ( * , Lo ra n A (X ), nega ( T T

D ecca ( ), H avsat ( ), Radar (X ), F a th o m e te r (X ), D ecca ( ), H avsat ( >, Radar (x ) , F a th o n e te r ( ),

O th e r F is h F in d e r , A u to P llo t e , cY ro , D ir e c t io n F in d e r
O th e r ■

17^ C a rg o C a p a c it y (M T ) 17«. C a rg o C a p a c it y (M T )
Ha Hanc

S a lt e d F is h S a lt e d F is h ___________ F re e ze r 3 Fish Hold

F re sh F is h D ry H o ld F re sh F is h ____________ D ry H o ld 22 1-3
F ro ze n F is h 5 ,8 7 6 Tanks F ro ze n F is h 4 ,5 0 0 Tanks 13 4-22
F is h M eal __________ ,__ O th e r F is h M eal 500 O th e r

O th e r _______________ O t h e r __________________

19. P r o c e s s in g E q u ip m e n ( I n d ic a t e d a lly c a p a c it y , M T ) 19. P r o c e s s in g E q u lp n e n t ( I n d ic a t e d a ily c a p a c it y , M T )

F ille t 45 T /D a. Canning Factory : 7

Freezing Capacity 135 M/T/Day b. Fish »teal Plant :35

Fish Meal Plant 100 M/T o. Freezing Capacity: 300

20. F la h e r le s fo r

P e r io d Spe Gear to be U sed O cean A re a

(F ro m -T o ) (F ro z-T i
To e n g a g e p r o c e s s in g
G u l f o f A la s k a 197 7 o f f i a h le a in G u lf o f B e r in g S e a &
A la s k a s u p p lie d b y t h e A le u t ia n A re a ,
’ 1 97
977 T ra n s p o rt None
A la s k a n f is h e r m e n and G u lf o f
A la s k a

r e c a lv e any le g a l 2i. N am e a:n d A d d r«

p ro ce ss is s u e d In

Mr. William C. Foster, Patton, Boggs and Blow Mr. William C. Foster, Patton, Boggs and Blow
1200-seventeenth s zrwezr ntw. ,'"w«nrng'€ffri, Tr.trr~2rnn6
Tel.(202) 223-4040, ITT Telex: 440324, WU Telex: 89-452 1200 Seventeenth Street, N.W., Washington, D.C. 20036
Mr. Robert C. Ely - Attorney Tel. (202) 223-4040, ITT Telex : 440324, WU Telex : 89-452
Tel.(907) 276-5121, Cable: NORTHACRE, Telex: (090) 25-292
Mr. Robert C. Ely - Attorney
510 L Street, Anchorage, Alaska 99501
Tel. ( 907) 276-5121, Cable : NORTHACRE, Telex: (090) 25-292

FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, MAY 3, 1977

 NOTICES 22555

FISH ING V ES S E L IDENTIFICATION FORM (F O R EIG N ) FISH ING V ES S E L IDENTIFICATIO N FORM (F O R EIG N )

A p p lic a t io n N o . j 6 ' 5 » 7 7 " ^ 3 P / P e r m it P e r io d A p p lic a t io n N o.

P e r t a it P e r io d
F o r U se o f I s s u in g O f f ic e A p p lie d F o r : x 977 F o r U se o f I s s u in g O f f ic e
A p p lie d F o r : _
Republic of Korea
S ta te : R o p n h l ir : o f K o re a
Tae Yang 15
Ü Nane o£ V essel Tae Yang 1 2 _________________ __________ ■

R e g is t r a t io n H o. “ 2. V essel N o .: H u l l No. _ R e g is t r a t io n No. BF 21559

2. V e s s e l N o .: H u l l Ho.

3. Nane and A d d re s s of O w ner 1 and A d d re ss of Cha 3. N am e and A d d re ss of 0 N am e and A d d re ss of Cha

N Korea Marine Industry Development Corporation K o re a M a r in e In d u s try D e v e lo p m e n t C o r p o r a t io n

55-4, Seosomun-dong, Chung-ku, Seoul/ Korea Address 55-4, Seosomun-dong, Chung-ku,

Seoul, Korea

KMIDC SEOUL C a b le A d d re s KMIDC SEOUL

Telex : KMIDC K27288 Telex: KMIDC K27288

Busan, Korea B u san , K o re a

4. Horn e p o r t : a n d Si 4. H o m e p o rt and S ta te of R e g is t r y

Type of V essel 5. Tvoe of V essel T ra n s p o rt

5.

6. Ton nage (G ro ss; 6. ‘ Tonnage (G ro ss) « 7 (N e t! 505

L e n g th
7 8 .6 6 >M. 7. L e n g th 6 ® '° ° 8. g r e g d t h 1 0 .5 0 M> q. D ra ft 5 .0 0
7.

10. H o rse p o w e r 2 * 000 shp. 11. M a x im u m Speed 1 2 ,3 _ k t. 10. H o rs e p o w e r 1>800 shp. u . M a x im u m Sneed 1 1 *° k t.

11. P r o p u ls io n : D ie s e l (x ) , S te a m ( ), D ie s e l/ E le c t r ic ( )» 11. P r o p u ls io n : D ie s e l ( ’I , S te e n ( ), D ie s e l/ E le c t r ie ( ),

O t h e r __ O th e r

13. D a te B u ilt
Jan. 1961 13. D a te B u ilt O c t. 1956

36 men, Rotea 14. Num ber and N a t i« » n a l i t y of P e rs o tm e l 88 m e n ,

14. Num ber and N a t io n a lit y of P e r s o n n e l,

O f f ic e r s *_______ C re w 2 ** O th e r ( S p e c ify ) ___________ O f f ic e r s 8 C r « >v 28 O th e r (S p e c:

15. C o m m u n ic a t io n s : V H F-FM (X ), A M /S S B , V o ic e (X )f T e le g r a p h y (X ), 15. C om m un i c a t i o n s : V H F-FM ( A M /S S B , V o ic e lx ).

O t h e r _______________________ - _______ j______________ O th e r

I n t e r n a t io n a l R a d io C a ll S ig n 6 LBB t io n a l R a d io C a ll S ig n 6.JCYV

W: 4185, 8370 C: 4195, 6294 R a d io F r e q u e n c ie s M o n it o r e d W: 4185, 8370 C: 4196, 6294

R a d io F r e q u e n c ie s M o n it o
4 1 9 9 .5K H Z, 6 2 9 9 .2 5K H Z , 22399KH Z O th e r W o r k in g F r e q u e n c ie s 4 1 9 9 .5K H Z, 6 2 9 9 .2 5 K H Z , 223000KH Z
"O th e r W o rk in g F r e q u e n c ie

S c h e d u le ______________________ S c h e d u le ____________________________________________________________ _____________

£S~77-00fy N a v ig a tio n E q u ip m e n t : Lo ra n C (X ), L o ira n A

tzSO-n77
(X ),
h
ega l
t lo n E q u ip m e n t : L o ra n C (X ), L o r « in A

( ), H avsat ( :1 , Radar (X), F a th o o a e te : D acca ( ), H aw sat ( ), Radar (X) , F a th e » m e t e r ( ),

O th e r O th e r

C a rg o C a p a c it y (M T ) 18. C a rg o S p ace C a rg o C a p a c it y (M T ) 18. C«i r g o S p a c e

Num ber N am e ' H i im b e r Nam e

S a lt e d F is h F re e ze r 3 1 -3 S a lt e d F is h F re e ze r 4 1 -4

F re sh F is h D ry H o ld 2 F re sh F is h D ry H o ld

F ro ze n F is h 1 ,2 0 0 Tanks 17 F ro ze n F is h $00 Tanks 8

F is h M eal O th e r F is h M eal O th e r

O th e r O th e r

19. P r o c e s s in g E q u ip m e n t ( I n d ic a t e d a ily c a p a c it y , M T ) 19. P r o c e s s in g E q u ip m e n t ( I n d ic a t e d a ily c a p a c it y , M T )

2 0-. F is h e r 1 w h ic h P d r m it is R e q u e ste d : 20. F is h e r ie s fo r w h ic h P e r m it Is R e q u e ste d :

O cean A P e r io d S p e c ie C o n t e m p la te d Ce to be U sed O cean A re a P e r io d , S p e c ie s C o n t e m p la te d Gear to be U sed

(F ro m -T o ) C a tc h (M I) (F ro m -T o ) C a t c h (M T )
B e r in g Sea &
B e rin g Sea &
A le u t ia n A re af
1977 Transport
A le u t ia n A re a,
and G u lf o f 1977 Transport None
A la s k a and G u lf o f
A lask a

21. N am e a n d A d d r e s s o f A g e n t a p p o i n t e d t o r e c e iv e any le g a l 21. N am e a n d A d d r e s s o f A g e n t a p p o i n t e d t o r e c e iv e any le g a l

p r o c e s s I s s u e d in th e U n it e d S t a t e s : p r o c e s s I s s u e d in t h e U n it e d S t a t e s :

Mr. William C. Foster, Patton, Boggs and Blow .Mr, William C, Foster. Patton. Booas end Blow_______
•1*00 OeVenteenth atiawt, M .W ., Wa ¡filing con; p .c; •20036 1200 Seventeenth Street, N.W., Washington, D.C. 20036
Tel.(202) 223-4040, ITT Telex: 440324, WO Telex : 89-452 .Tgl.. (2Q2J__ 223-4040. ITT Telex: 440324. WU Telex: 89-452
Mr. Robert C.' Ely - Attorney Mr. Robert C. Ely - Attorney_________________________
510 L Street, Anchorage, Alaska 99501
Tel.(907) 276-5121, Cable: NORTHACRE, Telex: (090) 25-292 Tel.(907) 276-5121, Cable: NORTHACRE, Telex: (090) 25-292

FEDERAL REGISTER, VOL. 42 , NO. 85— TUESDAY, MAY 3, 1977

22556 NOTICES

FISH ING V ES S E L IDENTIFICATION FORM (FO R EIG N )

16. N a v ig a tio n E q u ip m e n t : L o ra n C ( x) > L o r a n
/ rS - 7 7 - 0 0 9 3 *
A (x), O nega ( ),

P e r m it P e r io d A p p lic a t io n N o. D ecca ( ), N avsat ( ), Radar ( ), F a th o m e te r ( ),

A p p l i e d F o r : __ F o r U s e o f I s s u in g O f f ic e
O th e r _______________________
S ta te : fie p u b ii o o f K o r e a
17. C a rg o . C a p a c it y ( JI T ) 18. C a rg o S p a ce
J in a m N o . 305
Num ber Nam e

V essel N o .: H u l l No. ; R e g is t r a t io n No. 3 ? 3 5867 S a lt e d F is h F re e ze r 2 J-2

N am e and A d d re ss of O w ner . Nane and A d d re ss of C h a rte re r F re sh F is h 3 3 -5

N am e K o r e a M a r in e I n d u s t r y D ev elo p m e n t C o r p . F ro ze n F is h 550 Tanks 24

A d d re ss 5 3 - 4 . S eosom u n -don g. F is h M eal

G h u n g - k u , S e o u l, K o r e a O th e r

C a b le A d d re s s KMIDC SEOUL 19. P r o c e s s in g E q u ip m e n t ( I n d ic a t e d a lly c a p a c it y ,H T )

T elex No, KKIJC K27286 F r e e z i n g c a p a c it y 58

4. Home port and S t a t e o f R e g i s t r y : Biaan, Korea

(¿replacement o f Soo Gong 51
5. T yp e o f V essel Stern tra w le r KS-.7 7 -OOA2..A)________________________

6. Ton nage (C r o s s ) l»o l5 .4 9 _______ (N e t ) 5d0.38___________________

7. L e n g th 60.74 H. 8. B re a d th 11.20 M. 9. D r a ft 7 M. 20. F is h e r ie s fo r w h ic h P e r m it is R e q u e ste d :

1 0. H ors e p o w e r 2,500 shp. 1 1. Maximum Sp eed 15 fct. O cean A re a P e r io d S p e c ie s C o n t e n p la t e d Gear to be Used

(F ro m -T o ) C a tc h P IT)
W« P r o p u ls io n : D ie s e l ( x ) , Steam ( 1, Diesel / E l e c t r i c ( ), B e r in g S e a & A la s k a P o l l o c k 21,912

O th e r . A le u t ia n A re a , Y e ll o w s o l e 2*300
and G u lf o f *^ 7 7 T ann er C ra b s 322 T r a w le r N e t
13. D ate B u i l t June 1972
A la s k a H e r r in g 460
14. Number and N a t i o n a l i t y o f P e rs o n n e l 45 Men, Korean O th e r f lo u n d e r s 690

O fflc e ts 10 Crew 55 O th e r (S p e c ify ) 4 21. N am e a n d A d d r e s s ^ o ^ g e r . t a p p o i n t e^P t o r e c e iv e any le g a l

p r o c e s s is s u e d in th e U n it e d S t a t e s :
15. C om m u n ication s: VHF-FM (x ), AM/SSB, V o ic e (x ). T e le g r a p h y (x),
M r. W il lia m C , P o s t e r , P a t t o n , B o g g s it B lo w _________________
O th e r ■
1200 S e v e n te e n th S t „ W a s h in g to n , P . C . 20036
I n t e r n a t i o n a l R a d io C a l l S ig n 6 MLK____________________________
. T » l. ( 2 0 2 ) 2 2 3 -4 0 4 0 I T T T e le x a 4 40 S 2d_________________________
R a d io F r e q u e n c ie s M o n ito r e d •

O th e r W o rk in g F r e q u e n c ie s 4199« 5KHZ, 6299. 25KHZ, 22500KHZ

S c h e d u l e _____ ' ___________________

[F R Doc.77-12316 Filed 5-2-77;8:45 am]

FEDERAL REGISTER, VOL. 42, NO. 85— TUESDAY, MAY 3, 1977