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BOOK 1 OF 2 BOOKS 


Vol. 43—No. 181 
9-18-78 
BOOK 1: 

PAGES 

41371-41660 

BOOK 2: 

PAGES 

41661-41940 




MONDAY, SEPTEMBER 18, 1978 




SUNSHINE ACT MEETINGS . 41464 


MOTOR VEHICLE POLLUTION 

EPA announces Federal certification test results for 1978 
model year (Part II of this issue).~.. 41538 

INCOME TAX 

Treasury/IRS adopts rule relating to the imposition of the 
manufacturers excise tax; effective 1-13-77. 41388 


CONSTRUCTION PROJECTS 

Commerce/EDA proposes amendment on labor standards. 


comments by October 12,1978 . 41408 

MOTOR FUEL MARKETING 

DOE gives notice of hearing concerning subsidization study; 
comments by 10-16-78, hearing on 10-6-78 . 41422 


SURFACE COAL MINING AND RECLAMATION 
OPERATIONS 

Interior/OSM proposes regulations implementing a nationwide 
permanent program governing surface coal mining and recla¬ 
mation operations; comments by 11-14-78 (Part III of this 
issue)...-. 41662 

REAL ESTATE PROPERTY 

Treasury/Comptroller of the Currency proposes interpretive 
rule on financial accounting; comments by 10-12-78.. 41406 

REAL ESTATE AND CHATTEL PROPERTIES 

USDA/FmHA amends regulations to clarify definition of suit¬ 
able property; effective 9-18-78. 41373 

HAZARDOUS MATERIALS TRANSPORTATION 

DOT/HMOO modifies requirements on repair and mainte¬ 
nance of vehicles; effective 1-1-79.-.. 41401 

NUCLEAR LICENSING AND PROCEDURES 
FOR ENVIRONMENTAL PROTECTION 

NRC extends rule on uranium fuel cycle impacts from spent 
fuel reprocessing and radioactive waste management, effec¬ 
tive 9-14-78 .. 41373 


PAROLE, RELEASE, SUPERVISION, AND 
RECOMMITP,1ENT OF PRISONERS 

Justice/Parole Commission proposes rule on eligibility for 
hearings; comments by 11-15-78. ...~~ 41411 

PESTICIDES 

ERA establishes tolerances for Bifenox; effective 9-18-78 . 41393 

EPA establishes tolerances for 4-amino-6-(1,1-dimethyiethyl-3- 

(methylthio)-1^,4-triazin-5(4/i0-one; effective 9-18-78 .. 41386 

EPA establishes exemptions from requirement of a tolerance 
for certain inert ingredients in pesticide formulations; effective 
9-18-78.!. 41391 


































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The following agencies have agreed to publish all documents on two assigned days of the week (Monday/ 
Thursday or Tuesday/Friday). This is a voluntary program. (See OFR notice 41 FR 32914, August 6, 1976.) 


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Tuesday 

Wednesday 

Thursday 

Friday 

DOT/COAST GUARD 

USDA/ASCS 


DOT/COAST GUARD 

USDA/ASCS 

DOT/NHTSA 

USDA/APHIS 


DOT/NHTSA 

USDA/APHIS 

DOT/FAA 

USDA/FNS 


DOT/FAA 

USDA/FNS 

DOT/OHMO 

USDA/FSQS 


DOT/OHMO 

USDA/FSQS 

DOT/OPSO 

USDA/REA 


DOT/OPSO 

USDA/REA 

CSA 

CSC 


CSA 

CSC 


LABOR 



LABOR 


HEW/FDA 



HEW/FDA 


Documents normally scheduled for publication 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 Administration, Washington, D C. 20408. 

NOTE: As of August 14,1978, Community Services Administration (CSA) documents are being assigned to the Monday/Thursday 
schedule. 



Published dally. Monday through Friday (no publication on Saturdays. Sundays, or on official Federal 
« * holidays). by the Office of the Federal Register, National Archives and Records Service. General Services 

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is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. 

The Federal Recister 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 
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There are no restrictions on the republication of material appearing in the Federal Register. 


FEDERAL REGISTER, VOL 43, NO. 181— MONDAY, SEPTEMBER 18, 1978 























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: 

Subscription orders (GPO). 202-783-3238 

Subscription problems (GPO). 202-275-3050 

“Dial - a - Reg” (recorded sum¬ 
mary of highlighted documents 
appearing in next day’s issue). 

Washington, D.C. 202-523-5022 

Chicago, III. 312-663-0884 

Los Angeles, Calif. 213-688-6694 

Scheduling of documents for 202-523-3187 

publication. 

Photo copies of documents appear- 523-5240 

ing in the Federal Register. 

Corrections..... 523-5237 

Public Inspection Desk. 523-5215 

Finding Aids. 523-5227 

Public Briefings: “How To Use the 523-5235 

Federal Register.” 

Code of Federal Regulations (CFR).. 523-3419 

523-3517 

Finding Aids. 523-5227 


PRESIDENTIAL PAPERS: 

Executive Orders and Proclama- 523-5233 

tions. 

Weekly Compilation of Presidential 523-5235 

Documents. 

Public Papers of the Presidents. 523-5235 

Index. 523-5235 

PUBLIC LAWS: 

Public Law dates and numbers. 523-5266 

523-5282 

Slip Laws. 523-5266 

523-5282 

U.S. Statutes at Large. 523-5266 

523-5282 

Index. 523-5266 

523-5282 

U.S. Government Manual.. 523-5230 

Automation. 523-3408 

Special Projects.... 523-4534 


HIGHLIGHTS—Continued 


EPA establishes tolerances for oxamyl; effective 9-18-78 (2 

documents). 41394 

EPA establishes tolerances for 2-4-([Chloro-6-(ethylamino)-s- 
triazin-2-yl) amino}«2-methytpropionitrile. 41395 

SECURITIES 

SEC issues rule on increase in amount of small offering 
exemption; effective 9-18-78...™.~.. 41383 

FEDERAL-AID HIGHWAY RECORDS 

DOT/FHA issues rule on recordkeeping and retention require¬ 
ments; effective 9-22-78 . 41387 

FEDERAL CROP INSURANCE 

USDA/FCIC issues rule extending final dates for filing applica¬ 
tions; effective 8-31-78...^. 41371 

CONTROLLED SUBSTANCES 

Justice/DEA issues proposed 1978 revised aggregate produc¬ 
tion quotas for aniheridine and ethylmorphine; comments by 
10-23-78...-___ 41440 

BICYCLE TIRES AND TUBES FROM 
REPUBLIC OF KOREA 

Treasury issues notice of antidumping; comments by 
10-18-78. 41449 

CONSUMER APPLIANCES 

FTC gives revised schedule for hearings and submission dates 
on proposed rulemaking on energy cost and consumption 
information in labeling and advertising; comments by 10-2-78; 


hearings 10-12-78. 41410 

TETON FLOOD VICTIMS 

Interior/RB adopts rules on sale of replacement farm units; 
effective 9-18-78 . 41396 


BICYCLE TIRES AND TUBES FROM 
REPUBLIC OF CHINA 

Treasury issues notice of antidumping; comments by 
10-18-78__-.... 41451 


MEETINGS— 


Administrative Conference of the United States: Committee 

on Judicial Review, 10-5-78.. 

CRC: Colorado Advisory Committee, 10-7-78. 

DOT/FAA: Radio Technical Commission for Aeronautics, 

Special Committee 138, 10-17 and 10-18-78. 

FCC: Proposed revisions to Uniform System of Accounts, 

9- 22-78......... 

Radio Technical Commission for Marine Services, 10-3 

and 10-5-78..-. 

Federal Prevailing Rate Advisory Committee, 10-5, 10-12, 

and 10-26-78....--- 

HEW/EO: Women’s Educational Equity Act Program, 

10- 19-78.... 

NIH: Cancer Control and Rehabilitation Advisory Commit¬ 
tee, 10-27-78. 

High Blood Pressure Working Group, 11-6-78. 

Interior/NPS: Boston National Historical Park Advisory Com¬ 
mission, 10-3-78 . 


41418 

41420 

41449 

41436 
41435 

41437 
41439 

41438 

41438 

41439 


HEARINGS— 

Delaware River Basin Commission, 9-27-78. 41420 


SEPARATE PARTS OF THIS ISSUE 

Part II, EPA.....-. 

Part III, Interior/OSM. 


41538 

41662 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 


Ui 


















































contents 


ADMINISTRATIVE CONFERENCE OF 
UNITED STATES 

Notices 

Meetings: 

Judicial Review Committee .... 41418 
AGRICULTURAL MARKETING SERVICE 
Rules 

Lemons grown in Arizona and 
California... 41372 

AGRICULTURE DEPARTMENT 

See also Agricultural Marketing 
Service; Farmers Home Ad¬ 
ministration; Federal Crop In¬ 
surance Corporation; Federal 
Grain Inspection Service. 

Rules 

Authority delegations by Secre¬ 
tary and General Officers: 

Director. Equal Opportunity 
Office; EEO program and 
discrimination complaints.... 41371 

ALCOHOL, DRUG ABUSE, AND MENTAL 
HEALTH ADMINISTRATION 

Notices 

Committees; establishment, re¬ 
newals, terminations, etc.: 

Advisory committees. 41438 

ALCOHOL, TOBACCO AND FIREARMS 
BUREAU 

Notices 

Authority delegations: 

Assistant Director, Regula¬ 
tory Enforcement; ATF tax 
claims; correction. 41449 

CIVIL AERONAUTICS BOARD 
Proposed Rules 

Citizen of U.S.; corporations 


qualifying as; supplemental 

advance notice. 41410 

Notices 

Hearings, etc.: 

California-Arizona low fare 

route proceeding. 41419 

California/Southwest-West- 
em Mexico route proceed¬ 
ing. 41419 

Reeve Aleutian Airways. Inc .. 41419 


CIVIL RIGHTS COMMISSION 
Notices 

Meetings, State advisory com¬ 
mittees: 


Colorado. 41420 

Kansas. 41420 

Missouri . 41420 

Nevada. 41420 


CIVIL SERVICE COMMISSION 

See Federal Prevailing Rate Ad¬ 
visory Committee. 


COAST GUARD 
Rules 

Drawbridge operations: 


Georgia. 41389 

Michigan. 41389 

Virginia. 41390 

Proposed Rules 
Drawbridge operations: 

Massachusetts.. 41412 

Wisconsin. 41413 


COMMERCE DEPARTMENT 

See Economic Development Ad¬ 
ministration; National Ocean¬ 
ic and Atmospheric Admin¬ 
istration. 

COMPTROLLER OF CURRENCY 
Proposed Rules 

Rulings: 

Real estate owned. 41406 

DELAWARE RIVER BASIN COMMISSION 
Notices 

Water resources program, etc.; 
hearing.... 41420 

DRUG ENFORCEMENT ADMINISTRATION 
Notices 

Schedules of controlled sub¬ 
stances; production quotas: 
Schedule II, 1978 aggregate 
production quotas. 41440 

ECONOMIC DEVELOPMENT 
ADMINISTRATION 

Proposed Rules 

Financial assistance require¬ 
ments: 

Labor standards for construc¬ 
tion projects. 41408 

ECONOMIC REGULATORY 
ADMINISTRATION 

Notices 

Environmental statements; 
availability, etc.: 

Columbia LNG Corp. et al. 41422 

EDUCATION OFFICE 
Notices 

Meetings: 

Women’s educational equity 
act program. 41439 

ENERGY DEPARTMENT 

See also Economic Regulatory 
Administration. 

Notices 

Petroleum Marketing Practices 
Act; subsidization of motor 
fuel marketing; hearings and 
inquiry. 41422 


ENVIRONMENTAL PROTECTION AGENCY 
Rules 

Pesticide chemicals in or on raw 
agricultural commodities; 


tolerances and exemptions, 
etc.: 

4-Amino-6-(l,l-dimethy- 

lethyl)-3-(methylthio)-l,2,4- 

triazin-5(4H)-one. 41396 

Bifenox. 41393 

2-4-Chloro-6-(ethylamino)-s- 
triazin-2-yl amino-2-methyl- 

propionitrile. 41395 

Inert ingredients in pesticide 

formulations. 41391 

Oxamyl. 41394 


Pesticides, tolerances in animal 
feeds: 

4-Amino-6-( 1,1-dimethy- 
lethyl)-3-(methylthio)-l,2,4- 


triazin-5(4H)-one. 41386 

Oxamyl.. 41385 

Notices 


Air pollution control, new motor 
vehicles and engines: 

Federal certification test re¬ 


sults. 1978 FY. 41538 

Air programs; fuels and fuel ad¬ 
ditives: 

Methyl cyclopentadienyl 

manganese tricarbonyl 

(MMT); waiver; denial. 41424 

Environmental statements; 
availability, etc.: 

Agency statements, weekly re¬ 
ceipts. 41429 

Meetings: 

FIFRA Scientific Advisory 

Panel. 41429 

Pesticides; tolerances, registra¬ 
tion, etc.: 

Butachlor; correction. 41424 


FARMERS HOME ADMINISTRATION 
Rules 

Real estate and chattel proper¬ 
ties: 

Disposal of acquired property; 
“suitable property”. 41373 


FEDERAL AVIATION ADMINISTRATION 
Rules 

Airworthiness directives: 


Cessna. 41376 

Messerschmitt. 41375 

Rolls Royce. 41374 

Control area. 41381 

Control zone. 41381 

Transition areas (3 docu¬ 
ments) . 41382. 41383 

Proposed Rules 

Control zones. 41408 

Transition areas (2 docu¬ 
ments). 41409 

Notices 

Meetings: 

Aeronautics Radio Technical 
Commission. 41449 


iv 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 















































CONTENTS 


FEDERAL COMMUNICATIONS 
COMMISSION 

Rules 

Experimental broadcast ser¬ 
vices: 

Broadcasting reregulation; ed¬ 
itorial changes, etc.; correc¬ 


tion . 41401 

Television broadcast stations; 
table of assignments: 

New Mexico.-. 41400 

Notices 

Canadian standard broadcast 

stations; notification list. 41434 

Meetings: 

Common Carrier Bureau. 41436 

Marine Services Radio Tech¬ 
nical Commission. 41435 

Rulemaking proceedings filed, 
granted, denied, etc.; peti¬ 
tions by various companies: 

Key Broadcasting Corp. 41434 

Television broadcast applica¬ 
tions ready and available for 
processing. 41433 


FEDERAL CROP INSURANCE 
CORPORATION 

Rules 

Crop insurance, various com¬ 
modities: 

Sugarcane, extension of clos¬ 
ing date. 41371 

FEDERAL GRAIN INSPECTION SERVICE 
Notices _ 

Grain standards; inspection 
points: 

Texas. 41418 

FEDERAL HIGHWAY ADMINISTRATION 
Rules 

State highway agencies; record¬ 
keeping requirements for Fed¬ 


eral-aid highway records. 41387 

FEDERAL MARITIME COMMISSION 
Notices 

Agreements filed, etc.. 41436 

FEDERAL PREVAILING RATE ADVISORY 
COMMITTEE 

Notices 

Meetings. 41437 


FEDERAL RAILROAD ADMINISTRATION 
Notices 

Petitions for exemptions, etc.: 
Duluth, Missabee <fc Iron 


Range Railway. 41447 

FEDERAL RESERVE SYSTEM 
Notices 

Applications, etc.: 

Century Bancshares Corp . 41437 

Fairbank Bancshares, Inc. 41437 

Greencastle Investment 

Corp. 41438 

Republic of Texas Corp. 41438 


FEDERAL TRADE COMMISSION 
Proposed Rules 

Appliances, consumer; energy 
cost and consumption infor¬ 
mation in labeling and adver¬ 
tising; hearings and extension 
of time. 41410 

FISH AND WILDLIFE SERVICE 
Rules 

Hunting: 

Fish Springs National Wildlife 


Refuge, Utah . 41404 

Seedskadee National Wildlife 
Refuge, Wyo. (2 docu¬ 
ments). 41404 


HEALTH, EDUCATION, AND WELFARE 
DEPARTMENT 

See also Alcohol. Drug Abuse, 
and Mental Health Adminis¬ 
tration; Education Office; Na¬ 
tional Institutes of Health. 

Notices 

Organization, functions, and au¬ 
thority delegations: 

National Institutes of Health; 
Baltimore Cancer Research 
Program. 41439 

INDIAN AFFAIRS BUREAU 

Rules 

Enrollment: 

Preparation of rolls for var¬ 
ious Chippawa tribes and 
bands; qualifications and 
deadlines. 41388 

INTERIOR DEPARTMENT 

See Fish and Wildlife Service; 

Indian Affairs Bureau; Na¬ 
tional Park Service.; Reclama¬ 
tion Bureau; Surface Mining 
Reclamation and Enforce¬ 
ment Office. 

INTERNAL REVENUE SERVICE 

Rules 

Excise taxes: 

Trucks (light duty) and buses; 
further manufacture and 
sale. 41388 

INTERSTATE COMMERCE COMMISSION 


Rules 

Railroad car service orders; var¬ 
ious companies: 

Western Maryland Railway 
Co. 41403 

Notices 

Fourth section applications for 

relief. 41454 

Hearing assignments. 41453 

Motor carrier, broker, water car¬ 
rier, and freight forwarder ap¬ 
plications: correction. 41453 

Motor carriers: 

Permanent authority applica¬ 
tions; correction (5 docu¬ 
ments). 41453 


Temporary authority applica¬ 
tions (3 documents). 41454, 

41458, 41463 

Transfer proceedings (2 docu¬ 
ments). 41461, 41463 

JUSTICE DEPARTMENTS 

See Drug Enforcement Adminis¬ 
tration; Parole Commission. 

MATERIALS TRANSPORTATION BUREAU 

Rules 

Highway, carriage by: 

Vehicle maintenance and re¬ 
pair . 41401 

NATIONAL INSTITUTES OF HEALTH 

Notices 

Meetings: 

Cancer Control and Rehabili¬ 
tation Advisory Commit¬ 
tee. 41438 

High Blood Pressure Working 
Group. 41438 

NATIONAL OCEANIC AND ATMOSPHERIC 
ADMINISTRATION 

Rules 

Fishery conservation and man¬ 
agement: 

Cod. haddock, and yellowtail 
flounder, Atlantic; fisheries 


closure. 41405 

NATIONAL PARK SERVICE 
Proposed Rules 

Fire Island National Seashore. 

N.Y., zoning standards . 41414 

Notices 

Concession permits, etc.: 

Great Smoky Mountains Na¬ 
tional Park. 41439 

Meetings: 


Boston National Historical 
Park Advisory Commission.. 41439 

NUCLEAR REGULATORY COMMISSION 

Rules 

Environmental protection; li¬ 
censing and regulatory poli¬ 
cy and procedures: 

Uranium fuel cycle impacts 
from spent fuel reprocessing 
and radioactive waste man¬ 
agement; extension of time . 41373 

PAROLE COMMISSION 

Proposed Rules 

Prisoners, youth offenders, and 
juvenile delinquents; parole, 
release, etc.: 

Parole hearings; initial. 41411 

POSTAL RATE COMMISSION 

Notices 

Mail classiication schedule, 

1978; request for decisions: 

Electronic computer subclass. 41441 

Third-class carrier route pre¬ 


sort subclass. 41440 

Parcel post domestic mail classi¬ 
fication, 1978; request for deci¬ 
sion.41441 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 












































CONTENTS 


POSTAL SERVICE v 

Rules 

Privacy Act, systems of rec¬ 
ords.. 41391 

Notices 

Environmental statements; 
availability, etc.; 

Southeast Incoming Mail Cen¬ 
ter, Braintree, Mass. 41442 

RECLAMATION BUREAU 
Rules % 

Teton flood victims, sale of re¬ 
placement farm units to.......... 41396 

SECURITIES AND EXCHANGE 
COMMISSION 

Rules 

Securities Act: 

Small offering exemption, in¬ 
crease. 41383 


Notices 

Hearings, etc.: 

Middle South Utilities, Inc., et 

al__ 41443 

New Orleans Public Service. 

Inc.. 41443 

Real Estate Associates Limit¬ 
ed et al . 41444 

State Mutual Life Assurance 
Co. of America. 41446 

Self-regulatory organizations; 
proposed rule changes: 

American Stock Exchange, 

Inc.-. 41442 

Boston Stock Exchange, Inc .. 41442 

SURFACE MINING RECLAMATION AND 
ENFORCEMENT OFFICE 

Proposed Rules 

Surface coal mining reclamation 
and enforcement operations; 
permanent regulatory pro¬ 
gram ...... 41662 


TRANSPORTATION DEPARTMENT 

See Coast Guard; Federal Avi¬ 
ation Administration; Federal 
Highway Administration; Fed¬ 
eral Railroad Administration; 
Material Transportation Bu¬ 
reau. 

TREASURY DEPARTMENT 

See also Alcohol, Tobacco and 
Firearms Bureau; Comptroller 
of Currency; Internal Reve¬ 
nue Service. 

Notices 

Antidumping: 

Bicycle tires and tubes from 

Korea______ 41449 

Bicycle tires and tubes from 
Republic of China.. 41451 


s 


Vi 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 1%, 1978 
















list of cfr ports effected 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. 


7 CFR 

2. 41371 

401. 41371 

910. 41372 

1955. 41373 

10 CFR 

51.-. 41373 

12 CFR 

Proposed Rules: 

7. 41406 

13 CFR 

Proposed Rules: 

309. 41408 

14 CFR 

39 (3 documents). 41374-41376 

71 (5 documents). 41381-41383 

Proposed Rules: 

71 (3 documents). 41408, 41409 

Ch. II. 41410 

16 CFR 

Proposed Rules: 

305. 41410 


17 CFR 

230. 41383 

21 CFR 

561 (2 documents). 41385, 41386 

23 CFR 

17.-. 41387 

25 CFR 

41. 41388 

26 CFR 

48. 41388 

28 CFR 

Proposed Rules: 

2. 41411 

30 CFR 

Proposed Rules: 

Chapter VII. 41662 

33 CFR 

117 (3 documents). 41389, 41390 

Proposed Rules: 

117 (2 documents).41412, 41413 


36 CFR 

Proposed Rules: 


28. 

. 41414 

39 CFR 


266. 

. 41391 

40 CFR 


180 <5 documents). 

. 41391-41396 

43 CFR 


428. 

.!. 41396 

47 CFR 


73. 

. 41400 

74. 

. 41401 

49 CFR 


177. 

. 41401 

1033. 

. 41403 

50 CFR 


32 (3 documents). 

. 41404 

651. 

. 41405 


reminders 

(The items in this list were editorially compiled as an aid to Federal Register users. Inclusion or exclusion from this list has no legal 
significance. Since this list is intended as a reminder, it does not Include effective dates that occur within 14 days of publication.) 


EPA—State implementation plans: Califor¬ 
nia . 36624; 36625; 8-18-78 

FCC—FM broadcast stations; table of assign¬ 
ments: 

Fayetteville, Ark. and Neosha, Mo.... 36104; 

8-15-78 


List of Public Laws 


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

[Last Listing: September 13.1978] 


vii 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER It, 1978 













































CUMULATIVE LIST OF CFR PARTS AFFECTED DURING SEPTEMBER 


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


39069 


39741 

39741 


1 CFR 

Ch. I. 

3 CFR 

Executive Orders: 

12024 (See EO 12078).. 

12078. 

Memorandums: 

September 8, 1978. 40449 

Proclamations: 

4591 . 39561 

4592 . 39739 

4593 . 40197 

4594 . 40451 

4595 . 41013 

5 CFR 

213.... 39069. 39070, 39951-39953, 40453 

7 CFR 

2-„. 39953, 41371 

245. 39070 

250. 39070 

282. 39074, 39075 

301 40528 

330. 39953 

401. 41371 

908. 39743 

910 . 39080. 39319, 39954, 41372 

911 . 39319 

915 39321 

927. 39323 

931 . 39323 

932 . 39743 

993. 40199 

1004. 39744. 39745 

1036. 40801 

1071. 39325 

1073. 39326 

1097. 39328 

1102.-. 39328 

1104. 39329 

1106. 39331 

1108. 39333 

1120. 39334 

1126. 39335 

1132 .-. 39337 

1133 . 39955 

1138. 39338 

1435. 39563 

1701. 41181 

1823.„. 39746, 40199 

1955. 41373 

Proposed Rules: 

6 . 39110, 40530 

17. 40872 

722. 39117 

918. 40027 

948. 40027 

965. 40028 

981. 39393 

1079. 40028 

1126. 40030 

1427. 39118 

1701 . 40036, 41215 

1822. 41215 

1940 . 41047-41049 

1944. 41215 


8 CFR 

108. 40879 

236. 40801 

Proposed Rules: 

108_ 40879 

9 CFR 

54. 41103 

91. 39080 

94. 39956 

113. 41185 

355.'. 39340 

Proposed Rules: 

92. 40037 

317 .-. 39394 

318 . 39119,39394 

319.. 39394 

10 CFR 

35. 39747 

51. 41373 

73. 41187 

205_ 39080, 40200 

212. 40682 

Proposed Rules: 

51. 39801 

210 . 41224 

211 . 40233, 41224 

212 . 40233, 41224 

430. 40192 

1004. 40530 

12 CFR 

202_ 39341 

217. 41015 

226 . 40210, 41015 

Proposed Rules: 

7. 41406 

13 CFR 

107. 39563 

Ch. IV _ 40803 

Proposed Rules: 

130_ 39394 

309. 41408 

14 CFR 

39_ 39346-39348, 

39748, 39750, 41016, 41374-41376, 

71_ 39439 

39750-39753. 40211-40213, 41017, 
41018, 41381-41383 

73. 40214, 40215 

75. 39753-39755 

97. 41019 

221. 39536 

241. 40454 

298. 41187 

302. 39536. 41021 

385. 40803 

399. 39522 


14 CFR—Continued 

Proposed Rules: 

Ch. II. 41410 

39. 40233 

71 39303 

.40*237, 41051, 41408, 41409 

73 . 39803. 39804 

223. 39805 

250. 39806 

298 . 39587. 00000 

'380 . 39807, 40880 

15 CFR 

Proposed Rules: 

500. 41230 

16 CFR 

1. 39083 

13. 39350. 40454 

1209. 39564 

Proposed Rules: 

13. 39120, 

40536. 40537, 40882, 41233 

305. 41410 

451. 41051 

1209. 39564 

17 CFR 

1. 39956 

111. 41192 

210 . 40688, 41022 

211 .f.. 40730 

230. 41193, 41383 

239. 39554 

249. 39554 

270. 39553 

274. 39553 

Proposed Rules: 

210 . 40724, 40726 

229 . 40720 

230 . 41235 

239. 41052 

270. 39396 

18 CFR 

1. 39982 

3 . 40217 

4 . 40217 

16.... 40217 

Ml. 40217 

Proposed Rules: 

1 .. 

19 CFR 

153.. 

Proposed Rules: 

6. 40238 

177. 41236 

20 CFR 

416. 39564 

901.:. 39756 

Proposed Rules: 

404. 39266 

416. 41054 

620. 39124 

653. 39124 


39122, 40037 


40804 


viii 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 













































































































































FEDERAL REGISTER 


21 CFR 


30 CFR—Continued 


40 CFR—Continued 


430 . 41194 

431 . 41194,41195 

510. 39086 

514. 41195 

520. 39084, 39085 

522. 40455 

524. 40455 

558. 39086, 39350 

561. 40456. 41385, 41386 


71. 

Proposed Rules: 

55 . 

56 . 

57 . 

Chapter VII.. 

31 CFR 


Proposed Rules: 

145. 

310. 

314. 

337. 

436. 

469... 

1308. 

23 CFR 


Proposed Rules: 
625. 


39126 

39126 

39126 

39544 

40038 

40038 

40884 


41387 

40539 


51. 

223. 

32 CFR 

42. 

581. 

902. 

931. 

1288. 

1804. 

Proposed Rules: 
47. 


24 CFR 


33 CFR 


40760 


40766 

40766 

40766 

41662 


40223 

39088 


39988 

40498 

39089 

39101 

40806 

39776 


40884 


221. 39570 

841. 41198 

886. 40402 

1914. 41028,41030 

1916 . 39572 

1917 .39351- 

39360, 39573-39582. 39761-39771. 
39983-39987, 41204 

1920. 39771-39774 


3. 40224 

117. 39777, 41032, 41389, 41390 

161. 39994, 40224 

Proposed Rules: 

89. 39946 

117.41412, 41413 

126. 39832 

183. 41056 


Proposed Rules: 


201 . 39593 

570. 41369 

1917. 39129-39141, 41237 

3500 . 39701, 40539 


25 CFR 


36 CFR 


214. 


1207. 


Proposed Rules: 


28. 



Proposed Rules: 


35. 40742 

52. 39151 

39152, 40009-40011,” 4024o! 

40245 

65. 39152, 

39153, 39397, 39834, 40015, 

40247, 40248, 40539.41238, 

41239 

81. 40436 

125. 39282 

130 . 40742 

131 . 40742 

151. 39276 

162. 39644 

180 . 40249, 41240 

233. 39398 


41 CFR 


Ch. I.. 

Ch. 18. 

Ch. 101. 

3-56. 

5B-2. 

14-1 . 

14-2 . 

14-3. 

14-4. 

14-7. 

14-12. 

14-18. 

14-30 . 

14-55 . 

101-37. 

Proposed Rules: 
101-20 . 

42 CFR 


. 40015, 41044 

. 40018 

. 40019 

. 39778 

. 40227 

39377,39787, 41207 

. 39378. 39788 

. 39788 

. 39378 

. 39379 

. 39379 

. 39379 

. 39380 

. 39380 

. 40228 


40250 


11. 

41. 

43k. 

54. 

178. 

258. 

26 CFR 

1. 

48. 

301. 

Proposed Rules: 

1. 

31 . 

301. 

28 CFR 

Proposed Rules: 
2. 

29 CFR 

1601. 

1610. 

1910. 

2520. 

Proposed Rules: 
1601. 

30 CFR 

41. 

70. 


40804 

41388 

40457 
39361 

40458 
39086 


40219, 40459, 41204 

. 41388 

. 40219, 40459 


39142, 39822, 41237 

. 39142, 39149 

. 39142 


41411 


39775 

40222 

39087 

41205 


39831 


39988 

40760 


37 CFR 

302 . 

303 . 

305. 

38 CFR 

2 . 

14. 


40225 

40498 

40501 


39364 

39365 


36. 


54a. 

. 40386 

57. 

. 39380 

58. 

. 39384, 40862 

Proposed Rules: 

110. 


405. 

. 39155 

449. 

. 39155 


Proposed Rules: 


3. 40239 

21. 39832 

36 . 39150, 39833 

39 CFR 

111. 39583, 39995, 40810 

Proposed Rules: 

111. 39593 

266. 41391 

40 CFR 

2. 39997 

51 . 40009 

52 . 39366, *0009-40011, 41032-41039 

65. 40015, 40226 

81. 39101, 40412, 40436, 40502 

125. 40859 

180. 41206, 41391-41396 

600. 39367 

730. 41206 


43 CFR 


26.. 41004 

428. 41396 

6000. 40734 

6010. 40734 

6200. 40734 

6220. 40734 

6250. 40734 

6260. 40734 

6270. 40734 

6290. 40734 

8000. 40734 

8200. 40734 

8300. 40734 

8340. 40734 

8350. 40734 

8360. 40734 

8370. 40735 

Proposed Rules: 

420. 41241 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 


ix 























































































































































FEDERAL REGISTER 


45 CFR 


47 CFR—Continued 


49 CFR—Continued 


5b. 

801. 

Proposed Rules: 

177. 

1340. 

46 CFR 

502. 

510. 

512. 

542. 

Proposed Rules: 

151. 

153. 

157. 

531. 

536. 


40229 

39387 


41056 

39593 


41040 

40524 

40524 

39102 


40250 

40250 

41178 

39399 

39399 


47 CFR 


73 . 39388. 

39584, 39704, 40250, 40251, 41400 

74 . 39704. 41401 

87. 41214 

Proposed Rules: 

1. 41241 

31 . 39385, 40886 

33 . 39385, 40886 

42 . 39385, 40886 

43 . 39385, 40886 


Proposed Rules— Continued 


63. 40541 

73. 39400, 

39593, 39594, 40250, 40251, 
40887, 40888, 41241 
83. 40889 


49 CFR 


Proposed Rules— Continued 


1060. 41242 

1121. 41245 

1307. 39157 

1309 . 39157 

1310 . 39157 

1320 . 39404. 41059 

1322 . 39404, 41059 


172 . 39789 

173 . 39791 

175 . 39792 

176 . 39792 

177 . 414 01 

179. 39792 

192. 39389 

571. 39390 

581. 40229 

1008. 41040 

1033. 39103, 

39104, 39794-39796. 41403 

1056. 39798 

1121. 00000 

Proposed Rules: 

Ch. X. 39157 

172 . 39835 

173 . 39835 

192. 39401 

195. 39402 

571 . 39835, 41056 

1033. 40891 


50 CFR 


20. 39186 

26. 39798, 41042 

32 . 39105- 

39107, 39584, 39585, 39799, 39800. 
40021-40024, 40232, 40524, 40867, 
41042,41043, 41404 

33 . 41044 

216. 40025 

285. 39107, 41044 

611. 39586 

651 . 39108, 41405 

652 . 40527 

662. 40868 

810. 39306 

Proposed Rules: 

17. 41060 

32. 40893 

230. 40045 

611 .. 41062, 41244 

652. 39161 


FEDERAL REGISTER PAGES AND DATES—SEPTEMBER 


Pages Date 

39069-39317 . Sept.l 

39319-39560. 5 

39561-39738. 6 

39739-39950. 7 

39951-40195. 8 

40197-40448. 11 

40449-40799. 12 

40801-41011. 13 

41013-41179. 14 

41181-41369. 15 

41371-41940. 18 


x 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 























































































41371 


rules end regulations 


This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect most of which are keyed to and 
codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. 

The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each 
month. 


[3410-01] 

Title 7—Agriculture 

SUBTITLE A—OFFICE OF THE 
SECRETARY OF AGRICULTURE 

PART 2—DELEGATIONS OF AUTHOR¬ 
ITY BY THE SECRETARY OF AGRI¬ 
CULTURE AND GENERAL OFFICERS 
OF THE DEPARTMENT 

Revision of Delegations of Authority 

AGENCY: Department of Agriculture. 
ACTION: Final rule. 

SUMMARY: This document transfers 
the delegations of authority for man¬ 
agement of the Department’s Equal 
Employment Opportunity Program 
and the EEO Discrimination Com¬ 
plaints and Appeals activities from the 
Director, Office of Personnel to the 
Director, Office of Equal Opportunity. 
This change will result in increased 
emphasis for the Department’s EEO 
program. In addition, the delegations 
of authority relating to the Depart¬ 
ment’s Contract Compliance program 
are revoked as the Department no 
longer has that responsibility. 

EFFECTIVE DATE: September 18, 
1978. 

FOR FURTHER INFORMATION 
CONTACT: 

James Frazier, Director, Office of 
Equal Opportunity, U.S. Depart¬ 
ment of Agriculture, Washington, 
D.C. 20250, 202-447-4256. 

Part 2. Subtitle A, Title 7. Code of 
Federal Regulations is amended as fol¬ 
lows: 

Subpart C—Delegations of Authority 
to the Deputy Secretary, Assistant 
Secretaries, the Director of Econom¬ 
ics, Policy Analysis and Budget, 
and the Director, Office of Govern¬ 
mental and Public Affairs 

1. Section 2.25 is amended by revok¬ 
ing and reserving paragraphs (h)(2) 
and (h)(3) as follows: 

§2.25 Delegations of authority to the As¬ 
sisi ant Secretary for Administration. 

» * * * * 


(h) Related to equal opportunity 

• • • 

(2) [Revoked and Reserved] 

(3) [Revoked and Reserved] 

• • • • • 

Subpart J—Delegations of Authority 

by the Assistant Secretary for Ad¬ 
ministration 

2. Section 2.78 is amended by revok¬ 
ing and reserving paragraphs (a)(ll) 
and (a)(12) as follows: 

§ 2.78 Director. Office of Personnel. 

(a) • • • 

(11) [Revoked and Reserved] 

(12) [Revoked and Reserved] 

• • • • • 

3. Section 2.80 is amended by revok¬ 
ing and reserving paragraphs (a)(1) 
and (a)(2) and adding paragraphs (a) 

(13) through (21) as follows: 

§ 2.80 Director, Office of Equal Opportu¬ 
nity. 

(a)• • • 

(1) [Revoked and Reserved] 

(2) [Revoked and Reserved] 

• • • • • 

(13) Develop regulations, plans, and 
procedures necessary to carry out the 
Department’s equal employment op¬ 
portunity programs including the de¬ 
velopment, implementation, and co¬ 
ordination of EEO Action Plans. 

(14) Coordinate activities of Agency 
EEO Counselors, as related to Depart¬ 
mental policies and procedures. 

(15) Process formal EEO discrimina¬ 
tion complaints, up to the appellate 
stage, by employees or applicants for 
employment. 

(16) Develop, implement, and coordi¬ 
nate the Hispanic Employment Pro¬ 
gram. 

(17) Develop, implement, and coordi¬ 
nate the Federal Women’s Program. 

(18) Administer the discrimination 
appeals and complaints program for 
the Department, including all formal 
individual or group appeals, where the 
system provides for an avenue of re¬ 
dress to the Department level. Civil 
Service Commission or other outside 
authority. 


(19) Perform staff work for the Di¬ 
rector of Equal Employment Opportu¬ 
nity including the preparation of deci¬ 
sions on complaints of discrimination. 

(20) Provide liaison on EEO matters, 
including complaints and appeals, with 
the EEOC, the CSC, USDA agencies 
and Department employees. 

(21) Serve as focal point through 
which all contacts involving matters 
relating to title VI of the Civil Rights 
Act of 1964 are made with the Depart¬ 
ment of Justice, except those matters 
in litigation including administrative 
enforcement actions which shall be co¬ 
ordinated by the Office of General 
Counsel. 

(5 U.S.C. 301 and Reorganization Plan No. 2 
of 1953.) 

Dated: September 6, 1978. 

For Subpart C: 

Bob Bergland, 
Secretary of Agriculture. 

For Subpart J: 

Joan S. Wallace, 
Assistant Secretary 
for Administration. 

[FR Doc. 78-26153 Piled 9-15-78; 8:45 am] 


[3410-08] 

CHAPTER IV—FEDERAL CROP INSUR¬ 
ANCE CORPORATION, DEPART¬ 
MENT OF AGRICULTURE 

[Arndt. No 991 

PART 401—FEDERAL CROP 
INSURANCE 

Subpart—Regulations for the 1979 
and Succeeding Crop Years 

Extension of Final Dates for Filing 
Applications 

AGENCY: Federal Crop Insurance 
Corporation. 

ACTION: Rule; extension of sales clos¬ 
ing dates. 

SUMMARY: This is an extension of 
the final dates for the filing of appli¬ 
cations for sugarcane crop insurance 
in all counties in Florida and Texas ef¬ 
fective for the 1979 crop year. This 
action is being taken since the Federal 
Crop Insurance Corporation is con¬ 
templating changes in the current sug- 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 







41372 

arcane crop Insurance regulations ef¬ 
fective with the 1979 crop year, and 
prospective insureds must be given 
sufficient time to consider such 
changes and to file applications under 
the provisions of the revised regula¬ 
tions. 

EFFECTIVE DATE: August 31, 1978. 

FOR FURTHER INFORMATION 
CONTACT: 

Peter F. Cole, Secretary, Federal 

Crop Insurance Corporation. U.S. 

Department of Agriculture. Wash¬ 
ington, D.C., 20250, 202-447-3325. 

SUPPLEMENTARY INFORMATION: 
The normal closing date for the filing 
of applications for sugarcane crop in¬ 
surance in those counties in Florida 
and Texas, where such insurance is 
otherwise authorized to be offered, is 
August 31. 

The Federal Crop Insurance Corpo¬ 
ration is currently considering a revi¬ 
sion of the sugarcane crop insurance 
endorsement to become effective for 
the 1979 crop year. This revision will 
be issued in a separate document. The 
Corporation has determined that it 
would be fair and equitable to extend 
the sales closing date through Septem¬ 
ber 30, 1978, for accepting applications 
for sugarcane crop insurance for the 
1979 crop year inasmuch as the con¬ 
templated revision would become ef¬ 
fective at about the same time as the 
closing date of August 31. or shortly 
thereafter. 

The additional time for accepting 
applications will provide prospective 
insured an opportunity to examine the 
changes in the regulations. Extension 
of closing dates would be of benefit to 
the producer by allowing more time to 
consider crop insurance protection. 
Since this extension is of benefit to 
the producer and since producers need 
to be informed of such extension im¬ 
mediately, the Corporation has found 
and determined that compliance with 
the procedure for notice and public 
participation in the proposed rulemak¬ 
ing procedure would be impracticable, 
unnecessary, and contrary to the 
public interest. Therefore, this amend¬ 
ment is issued without compliance 
with such procedure. Accordingly, 
under the authority contained in the 
Federal Crop Insurance Act. as amend¬ 
ed (7 U.S.C. 1501 et seq.), § 401.103(a) 
of the Federal Crop Insurance Regula¬ 
tions for the 1969 and succeeding crop 
years as found in 7 CFR Part 401 is 
amended by adding at the end of the 
entry under the heading of “Sugar¬ 
cane" the following: 

§ 401.103 Application for insurance. 

(a) • • • 

Closing Dates 

• • • • • 


RULES AND REGULATIONS 

Sugarcane 

• • • » • 

“The closing date time for filing ap¬ 
plications for crop insurance for the 
1979 crop year on sugarcane in those 
counties in Florida and Texas where 
such insurance is otherwise authorized 
to be offered is hereby extended from 
August 31, 1978. until the close of 
business on September 30, 1978. Such 
applications received during this 
period will be accepted only after it is 
determined that no adverse selectivity 
will result." 

(Secs. 506, 615, 52 Stat. 73. as amended, 77. 
as amended: 7 U.S.C. 1501, 1516.) 

Dated: September 1, 1978. 

Joyce M. McCoy, 
Acting Secretary , 

Federal Crop Insurance 
Corporation. 

Approved: September 13, 1978. 

Bob Bergland, 

Secretary. 

[FR Doc. 78-26210 Filed 9-15-78; 8:45 am] 


[3410-02] 

CHAPTER IX—AGRICULTURAL MAR¬ 
KETING SERVICE (MARKETING 
AGREEMENTS AND ORDERS; 
FRUITS, VEGETABLES, NUTS), DE¬ 
PARTMENT OF AGRICULTURE 

[Lemon Reg. 164; Lemon Reg. 162, Amdt. 1] 

PART 910—LEMONS GROWN IN 
CALIFORNIA AND ARIZONA 

Limitation of Handling 

AGENCY: Agricultural Marketing 
Service. USDA. 

ACTION: Final rule. 

SUMMARY: This action establishes 
the quantity of Califomia-Arizona 
lemons that may be shipped to the 
fresh market during the period Sep¬ 
tember 17-23, 1978, and increases the 
quantity of such lemons that may be 
so shipped during the period Septem¬ 
ber 10-16. Such action is needed to 
provide for orderly marketing of fresh 
lemons for the periods specified due to 
the marketing situation confronting 
the lemon industry. 

DATES: The regulation becomes ef¬ 
fective September 17, 1978, and the 
amendment is effective for the period 
September 10-16, 1978. 

FOR FURTHER INFORMATION 
CONTACT: 

Charles R. Brader, 202-447-6393. 

SUPPLEMENTARY INFORMATION: 
Findings. Pursuant to the marketing 
agreement, as amended, and Order No. 


910, as amended (7 CFR Part 910), reg¬ 
ulating the handling of lemons grown 
in California and Arizona, effective 
under the Agricultural Marketing 
Agreement Act of 1937, as amended (7 
U.S.C. 601-674), and upon the basis of 
the recommendations and information 
submitted by the Lemon Administra¬ 
tive Committee, established under this 
marketing order, and upon other in¬ 
formation, it is found that the limita¬ 
tion of handling of lemons, as hereaf¬ 
ter provided, will tend to effectuate 
the declared policy of the act. 

The committee met on September 
12, 1978, to consider supply and 

market conditions and other factors 
affecting the need for regulation, and 
recommended quantities of lemons 
deemed advisable to be handled during 
the specified weeks. The committee re¬ 
ports the demand for lemons contin¬ 
ues good on 140*s and larger, easier on 
165’s and smaller. 

It is further found that it is imprac¬ 
ticable and contrary to the public in¬ 
terest to give preliminary notice, 
engage in public rulemaking, and post¬ 
pone the effective date until 30 days 
after publication in the Federal Reg¬ 
ister <5 U.S.C. 553), because of insuffi¬ 
cient time between the date when in¬ 
formation became available upon 
which this regulation and amendment 
are based and the effective date neces¬ 
sary to effectuate the declared policy 
of the act. Interested persons were 
given an opportunity to submit infor¬ 
mation and views on the regulation at 
an open meeting, and the amendment 
relieves restrictions on the handling of 
lemons. It is necessary to effectuate 
the declared purposes of the act to 
make these regulatory provisions ef¬ 
fective as specified, and handlers have 
been apprised of such provisions and 
the effective time. 

1. Section 910.464 is added as fol¬ 
lows: 

(910.464 Lemon regulation 164. 

Order, (a) The quantity of lemons 
grown in California and Arizona which 
may be handled during the period 
September 17, 1978, through Septem¬ 
ber 23, 1978, is established at 200,000 
cartons. 

<b) As used in this section, “han¬ 
dled” and “carton(s)“ mean the same 
as defined in the marketing order. 

(910.462 Amended. 

2. Paragraph (a) of §910.462 lemon 
regulation 162 (43 FR 39954) is amend¬ 
ed to read as follows: “The quantity of 
lemons grown in California and Arizo¬ 
na which may be handled during the 
period September 10, 1978, through 
September 16, 1978, is established at 
235,055 cartons.” 

(Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 
601-674.) 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 





Dated: September 13,1978. 

Charles R. Brader, 
Acting Director, Fruit and Vege¬ 
table Division, Agricultural 
Marketing Service. 

[FR Doc. 78-26266 Filed 9-14-78; 12:40 pm] 


[3410-07] 

CHAPTER XVIII—FARMERS HOME 
ADMINISTRATION, DEPARTMENT 
OF AGRICULTURE 

SUBCHAPTER k—property management 

[FmHA Instruction 1955-C] 

PART 1955—REAL ESTATE AND 
CHATTEL PROPERTIES 

Subpart C—Disposal of Acquired 
Property 

Suitable Property 

AGENCY: Farmers Home Administra¬ 
tion, USDA. 

ACTION: Final rule. 

SUMMARY: The Farmers Home Ad¬ 
ministration (FmHA) amends its regu¬ 
lations to reflect a change resulting 
from recent legislation. The intended 
effect is to include as “suitable proper¬ 
ty” in Government inventory all prop¬ 
erty that was in a rural area when the 
initial loan was made but which area 
was later reclassified as nonrural due 
to development and population expan¬ 
sion. 

EFFECTIVE DATE: September 18, 
1978. 

FOR FURTHER INFORMATION 
CONTACT: 

Mr. Robert M. Yates, 202-447-3752. 

SUPPLEMENTARY INFORMATION: 
Section 1955.103(e) of subpart C, part 
1955, chapter XVIII, title 7 in the 
Code of Federal Regulations is amend¬ 
ed. It is the policy of this Department 
that rules relating to public property, 
loans grants benefits, or contracts 
shall be published for comment not¬ 
withstanding the exemption in 5 
U.S.C. 553 with respect to such rules. 
These amendments, however, are not 
published for proposed rulemaking 
since the purpose of the change is to 
implement a recent legislative provi¬ 
sion of the Agricultural Credit Act of 
1978. This amendment also removes a 
restriction. 

Accordingly, § 1955.103, paragraph 
(e) is amended as follows: 

§ 1955.103 Definitions. 

• • • • • 

(e) Suitable property. Property that 
could be used by a borrower to carry 


RULES AND REGULATIONS 

out the objectives of an FmHA loan 
program with financing provided 
through that program. Any property 
located in an area whose designation 
has been changed from rural to non¬ 
rural and which is otherwise suitable 
property shall be considered as if it 
were still in a rural area. 


• • • • • 

(7 U.S.C. 1989: 42 U.S.C. 1480: 42 U.S.C. 
2942: 5 U.S.C. 301: Sec. 10 Pub. L. 93-357, 88 
Stat. 392: delegation of authority by the 
Secretary of Agriculture, 7 CFR 2.23: dele¬ 
gation of authority by the assistant Secre¬ 
tary for Rural, development, 7 CFR 2.70: 
delegations of authority by Director, OEO 
29 FR 14764, 33 FR 9850.) 

Dated: September 6,1978. 

Gordon Cavanaugh, 
Administrator, 

Farmers Home Administration. 
[FR Doc. 78-26152 Filed 9-15-78; 8:45 am] 


[7590-01] 

Title 10—Energy 

CHAPTER I—NUCLEAR REGULATORY 
COMMISSION 

PART 51—LICENSING AND REGULA¬ 
TORY POLICY AND PROCEDURES 
FOR ENVIRONMENTAL PROTEC¬ 
TION 

Uranium Fuel Cycle Impacts From 
Spent Fuel Reprocessing and Ra¬ 
dioactive Waste Management 

AGENCY: Nuclear Regulatory Com¬ 
mission. 

ACTION: Extension of the interim 
fuel cycle rule. 

SUMMARY: The Commission promul¬ 
gated on March 14, 1977, an interim 
rule identifying the environmental 
impact values for the uranium fuel 
cycle which are to be included in envi¬ 
ronmental reports and environmental 
impact statements for individual light 
water nuclear power reactors. The in¬ 
terim rule was made effective for 18 
months with the possibility of exten¬ 
sion for good cause. The Commission 
now finds good cause to extend the 
period of effectiveness of the interim 
rule for 6 months, through March 14, 
1979. 

EFFECTIVE DATE: September 14, 
1978. 

FOR FURTHER INFORMATION 
CONTACT: 

E. Leo Slaggie, Office of the General 
Counsel, U.S. Nuclear Regulatory 
Commission, Washington, D.C. 
20555, phone 202-634-3224. 


41373 

SUPPLEMENTARY INFORMATION: 
Notice is hereby given that the Nucle¬ 
ar Regulatory Commission has ex¬ 
tended through March 14, 1979* the 
effectiveness of the interim fuel cycle 
rule, 10 CFR 51.20(e) (“table S-3. M as 
revised) originally made effective on 
March 14, 1977, for a period of 18 
months (42 FR 13803, March 14, 1977). 
The Commission finds this extension 
desirable to avoid disruption in licens¬ 
ing procedures pending completion of 
the proceedings to promulgate a final 
fuel cycle rule. 

Background 

The events leading to the promulga¬ 
tion of the Commission's interim fuel 
cycle rule were described at length in 
the March 14, 1977, notice of rulemak¬ 
ing (42 FR 13803). The Commission 
there stressed that the sole purpose of 
the interim rule and its predecessors 
was to identify the environmental im¬ 
pacts attributable to the reprocessing 
and waste management portions of the 
LWR fuel cycle. The Commission 
noted that it was not the purpose of 
the rulemaking proceeding to decide 
which of the various waste manage¬ 
ment approaches should be employed 
in practice or to settle upon licensing 
or site selection criteria. The interim 
rule represented a “temporary meas¬ 
ure pending completion of the final 
rulemaking proceedings which will re¬ 
flect additional public participation.” 
The Commission expressed its belief 
that these proceedings could be con¬ 
cluded within the 18-month period of 
effectiveness established for the inter¬ 
im rule, but left open the possibility of 
entending the period of effectiveness 
for good cause. 

After promulgating the Interim rule, 
the Commission initiated public par¬ 
ticipation in developing a final rule by 
issuing on May 30, 1977, a notice of re¬ 
opened hearing (42 FR 26987, May 26, 
1977). A three-person Hearing Board 
was appointed to conduct the hearings 
under procedures established by the 
Commission. Twenty-four parties par¬ 
ticipated, including the NRC staff, 
other Federal agencies, several States, 
public interest groups, members of the 
nuclear industry, and interested indi¬ 
viduals. The Board took written testi¬ 
mony from the parties, followed up by 
written questions and answers, and 
then heard 10 days of oral testimony 
between January 16, 1978, and March 
30, 1978. The record closed June 30, 
1978, with the submission of final posi¬ 
tion statements by the parties. The 
Hearing Board has informed the Com¬ 
mission that its record includes more 
than 1,100 pages of direct testimony, 
several hundred pages of written re¬ 
sponses to questions, more than 1,200 
pages of transcript of oral hearings, 
written rebuttal testimony, and final 
concluding statements. 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 








41374 

In June 1978, the Commission re¬ 
quested the Hearing Board to provide 
the Commission a report summarizing 
the record and outlining the signifi¬ 
cant issues raised in the proceedings. 
The Commission also requested, once 
that was completed, that the Hearing 
Board submit its recommendations re¬ 
garding the reprocessing and waste 
management aspects of the fuel cycle 
rule. Anticipating that the time re¬ 
quired for the Board to prepare rec¬ 
ommendations and for the Commis¬ 
sion to make full use of the extensive 
record might well extend past the Sep¬ 
tember 14, 1977 expiration date of the 
interim rule, the Commission also 
asked the Hearing Board for its views 
on whether the record supports exten¬ 
sion of the rule for a reasonable 
period. 

On August 31, 1978, the Hearing 
Board submitted its 137-page summary 
and outline. In an accompanying 
memorandum the Board advised the 
Commission that preparation of their 
recommendations may take until Oc¬ 
tober 31 1978. In an attachment to the 
summary and outline, the Board 
stated in response to the Commission’s 
request for its views on extending the 
interim rule: 

It U our view that the rulemaking record 
adequately supports an extension of the in¬ 
terim rule for a reasonable period, pending 
completion of our recommendations and 
Commission consideration prior to action on 
a final rule. • • • We have concluded that, 
as a result of the record in the reopened 
proceedings, some additions in and modifi¬ 
cations to the fuel cycle rule as it affects re¬ 
processing and waste management are war¬ 
ranted and will, therefore, be recommended. 
These additions and modifications are not. 
In our opinion, substantial enough to 
change the effect s of the present Interim 
rule. 

Extension of Interim Rule 

The Commission is now confronted 
with the question whether there is 
good cause to extend the interim rule 
for the additional time preparation of 
a final rule will require. When the in¬ 
terim rule was promulgated, the Com¬ 
mission reviewed in detail the balance 
of considerations, weighing "the costs 
of a hiatus in licensing that would be 
caused by the failure to promulgate an 
interim rule" against "the risks of pro¬ 
ceeding by interim rule where the suf¬ 
ficiency of the information supporting 
the rule might later be called into 
question during the final rulemaking 
proceeding on the permanent rule." 
(42 FR 13803, 13804.) The Commission 
found then that the balance favored 
having the interim rule. 

Now that the Commission has before 
it the summary of the final rulemak¬ 
ing hearings and the Hearing Board’s 
view that the record supports exten¬ 
sion of the interim rule, the Commis¬ 
sion has further strong evidence that 


RULES AND REGULATIONS 

the advantage of keeping the interim 
rule. In place outweighs the risk that 
use of the rule will lead to unsound re¬ 
sults. Accordingly, the Commission 
finds good cause to extend the period 
of effectiveness of the interim rule 
through March 14, 1979. The Commis¬ 
sion has considered extension for a 
shorter period, notably the January 1, 
1979, date urged by the Natural Re¬ 
sources Defense Council in letters 
dated July 14 and August 29, 1978. 
The Commission has instead opted for 
extension to March 14. 1979, so that 
the additional period would provide a 
reasonable margin following receipt of 
the Hearing Board’s recommendation, 
for the Commission to consider care¬ 
fully the outcome of the final rule- 
making. 

The Commission will address 
NRDC’s general procedural sugges¬ 
tions for the conclusion of the S-3 ru¬ 
lemaking in a separate order to be 
issued shortly. 

Dated at Washington, D.C., this 
12th day of September 1978. 

For the Nuclear Regulatory Com¬ 
mission. 

Samuel J. Chilk, 
Secretary. 

[FR Doc. 78-26170 Filed 9-15-78; 8:45 am] 


[4910-13] 

Title 14—Aeronautics and Space 

CHAPTER I—FEDERAL AVIATION AD¬ 
MINISTRATION, DEPARTMENT OF 
TRANSPORTATION 

rDocket No. 18298; Arndt. 39-33011 

PART 39—AIRWORTHINESS 
DIRECTIVES 

Rolls-Royce Motors Ltd. Model 0- 
200-A, -B, and -C Engines 

AGENCY: Federal Aviation Adminis¬ 
tration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This amendment adopts 
an airworthiness directive (AD) which 
requires resetting the Rolls-Royce 
Motors Ltd. Model 0-200 engine series 
magneto to engine timing and inspec¬ 
tion of the cooling baffle installation. 
The AD is needed to prevent cylinder 
head cracking and possible head sepa¬ 
ration which could result In complete 
power loss. 

EFFECTIVE DATE: October 2, 1978. 

Compliance required within the next 
50 hours time in service after the ef¬ 
fective date of this AD, unless already 
accomplished. 

ADDRESSES: Rolls-Royce Motors 
Ltd. Service Bulletins T-362 and T- 


362, Supplement 1, may be obtained 
from: 

Rolls-Royce Motors Ltd., Light Aircraft 
Engine Division. Crewe, Cheshire CW1 
3PL, England. 

A copy of the Rolls-Royce Motors 
Ltd. Service Bulletin is contained in 
the Rules Docket, Room 916, 800 Inde¬ 
pendence Avenue SW., Washington, 
D.C. 20591. 

FOR FURTHER INFORMATION 
CONTACT: 

Mr. Don C. Jacobsen, Aircraft Certi¬ 
fication Staff. AEU-100, Europe, 
Africa, and Middle East Region, Fed¬ 
eral Aviation Administration, c/o 
American Embassy, Brussels. Bel¬ 
gium, telephone 513.38.30. 

SUPPLEMENTARY INFORMATION: 
There have been an increasing number 
of reports of cylinder head cracking on 
RRM 0-200 series engines which, if 
permitted to continue, could result in 
cylinder failure. Such failures could 
result in a complete power loss. These 
failures have been determined to be 
pressure and temperature oriented 
and may be caused by advanced mag¬ 
neto timing or improper installation of 
the engine cooling baffles. Since this 
condition is likely to exist or develop 
in other engines of the same type 
design, an airworthiness directive is 
being issued which requires resetting 
the magneto to engine timing to 
24“+ 17-0* BTC on both magnetos 
and inspection for proper installation 
and security of all intercylinder and 
perimeter cooling baffles. It has been 
found that reduction of magneto 
timing to 24' BTC significantly de¬ 
creases cylinder pressures and tem¬ 
peratures with no substantial effect on 
power or performance. Calibration 
testing conducted on a representative 
engine indicated a 1.5% power loss 
with average head temperature main¬ 
tained at 475* F; however, when cool¬ 
ing air was held constant (as is the 
case in the aircraft installation) head 
temperatures decrease and tests indi¬ 
cate there is no apparent power reduc¬ 
tion. 

Since a situation exists that requires 
immediate adoption of this regulation, 
it is found that notice and public pro¬ 
cedure hereon are impracticable and 
good cause exists for making this 
amendment effective in less than 30 
days. 

Adoption or the Amendment 

Accordingly, pursuant to the author¬ 
ity delegated to me by the Adminstra- 
tor §39.13 of Part 39 of the Federal 
Aviation Regulation (14 CFR 39.13) is 
amended by adding the following new 
Airworthiness Directive: 

Rolls Royck Motors Ltd. Applies to all 
Model 0-200-A, -B. and -C engines. 


FEDERAL REGISTER, VOL 41, NO. 181—MONDAY, SEPTEMBER 18, 1978 






Compliance required within the next fifty 
(50) hours time in service after the effective 
date of this AD, unless already accom¬ 
plished. 

To prevent the possibility of cylinder head 
cracking accomplish the following: 

(a) Reset magneto to engine timing to 
24*+ 1*/—0*, BTC on both magnetos. 

(b) Overstamp the engine data plate 
timing number with the current 24* setting. 

(c) Inspect for and insure proper installa¬ 
tion and security of all intercylinder and pe¬ 
rimeter cooling baffles in accordance with 
FAR §43.13. 

(d) Make a log book entry stating that the 
timing change has been made in compliance 
with this AD. 

Note.— RRM Service Bulletins T-362 and 
T-362, Sup. 1, pertain to this subject. 

This amendment becomes effective 
October 2, 1978. 

(Secs. 313(a), 601 and 603, Federal Aviation 
Act of 1958. as amended (49 U.S.C. 1354(a), 
1421 and 1423); Sec. 6(c), Department of 
Transportation Act (49 U.S.C. 1655 (c)): and 
14 CFR 11.89.) 

Issued in Washington, D.C., on Sep¬ 
tember 8, 1978. 

J. A. Ferrarese, 
Acting Director , 
Flight Standards Service. 

[FR Doc. 78-25988 Filed 9-15-78; 8:45 am] 


[4910-13] 


(Docket No. 17844. Arndt. 39-33021 

PART 39—AIRWORTHINESS 
DIRECTIVES 

Messerschmitt-Bolkow-Blohm GmbH . 
Model BO-105 Series Helicopters 

AGENCY: Federal Aviation Adminis¬ 
tration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This amendment adopts 
a new airworthiness directive (AD) 
which requires replacement or repair 
of certain Autoflug safety belts type 
BAGU FAG-5 and FAG-7 equipped 
with type GL-2 buckles and installed 
in the BO-105 series helicopters. The 
AD is needed to prevent jamming of 
the seat belt buckle release mecha¬ 
nism which could result in the entrap¬ 
ment of the occupant. 

DATES: Effective October 18. 1978. 
Compliance schedule—As prescribed in 
body of AD. 

ADDRESSES: The applicable Techni¬ 
cal Instruction may be obtained from 
Messrs. Autoflug GmbH, Industries- 
trasse 10, D-2084 Rellingen 2, West 
Germany. 

A copy of the Technical Instruction 
is contained in the Rules Docket. 
Room 916, 800 Independence Avenue 
SW.. Washington, D.C. 20591. 


RULES AND REGULATIONS 

FOR FURTHER INFORMATION 
CONTACT: 

D. C. Jacobsen, Chief, Aircraft Certi¬ 
fication Staff, AEU-100, Europe, 
Africa, and Middle East Region, Fed¬ 
eral Aviation Administration, c/o 
American Embassy, Brussels, Bel¬ 
gium, telephone: 513.38.30. 

SUPPLEMENTARY INFORMATION: 

A proposal to amend Part 39 of the 
Federal Aviation Regulations to in¬ 
clude an AD requiring replacement or 
repair of Autoflug type BAGU FAG-5 
and FAG-7 safety belts with type GL- 
2 buckles and manufactured prior to 
October 1, 1974, and installed on 
Model BO-105 series helicopters was 
published in the Federal Register at 
43 FR 16740 on April 20, 1978. The 
proposal was prompted by reports of 
jamming of the seat belt buckle re¬ 
lease mechanism which could result in 
the entrapment of the occupant. 

Interested persons have been afford¬ 
ed an opportunity to participate in the 
making of the amendment. No objec¬ 
tions were received. Accordingly, the 
proposal is adopted without substan¬ 
tive change. Minor clarifying changes 
have been made. 

Adoption of the Amendment 

Accordingly, pursuant to the author¬ 
ity delegated to me by the Administra¬ 
tor, §39.13 of Part 39 of the Federal 
Aviation Regulations (14 CFR 39.13) is 
amended by adding the following new 
airworthiness directive: 

Messerschmitt-Bolkow-Blohm GmbH. 
Applies to all Model BO-105 helicopters, 
all serial numbers, equipped with Auto¬ 
flug safety belts types BAGU FAG-5 
and FAG-7 with type GL-2 buckles and 
a date of manufacture prior to October 
1. 1974. 

Compliance required as indicated unless 
already accomplished. 

To reduce the possibility of the safety belt 
release mechanism either jamming or re¬ 
quiring release forces beyond a specified 
range, while the belt is stressed under a load 
condition, accomplish the following: 

(a) Within the next 30 hours time in serv¬ 
ice after the effective date of this AD, in¬ 
spect the safety belts and if the date of * 
manufacture stamped on the belt’s name 
tag is prior to October 1, 1974, before fur¬ 
ther use, except that the aircraft may be 
flown in accordance with FAR 21.197 and 
21.199 to a place' where repairs or replace¬ 
ment can be made— 

(1) Replace the safety belt assembly with 
a serviceable safety belt assmbly of the 
same part number; or 

(2) Repair the GL-2 buckle assembly in 
accordance with Autoflug Technical In¬ 
struction No. 3/77. or an FAA-approved 
equivalent, and test the buckle and release 
mechanism for proper operation in accord¬ 
ance with paragraphs (a)(2) (0 through (iv) 
of this AD, or an FAA approved equivalent. 

(i) Checking the locking and release action 
of the buckle. Set the opening lever of the 
buckle to position ’ Release” and press the 
lever against the stop. Check that the lever 
flange of the body is at least level with the 


41375 

upper edge of the cover and that it is slight- - 
ly higher on the side opposite the fixed lug. 
Release the operating handle and check 
that it will automatically return to position 
‘‘Don’'. 

Lift the operating lever position " Release” 
and press it at right angles to its longitudi¬ 
nal axis to place the body in an inclined po¬ 
sition. Check that the body tumbles freely 
in the cover. 

(ii) Checking the arresting mechanism of 
the operation lever. In position “Locked” 
the release force of the arresting mecha¬ 
nism of the operating lever—measured at 
the strap handle and at right angles to the 
lever—must be 4.4 ± 1.4 lbs. 

(iii) Checking the locking mechanism of 
the multiple-point buckle. Insert the belt 
lugs into the mulitiple-point buckle and sub¬ 
ject each lug to a load of approximately 20 
lbs. with the load applied at right angles to 
the buckle plane. Perform this test once 
with the cover of the buckle pointing up¬ 
wards and once downwards, ensuring that 
the operating lever and body are unob¬ 
structed. The buckle must not open and 
must keep the belt lugs securely locked. 

(iv) Checking the force to release. With the 
safety belt fastened and positioned to simu¬ 
late an inverted aircraft/seat position and 
while applying 250 lbs. load uniformly dis¬ 
tributed across the buckle and belt w'ebbing, 
measure the force necessary on the operat¬ 
ing lever to actuate belt release. The meas¬ 
ured force to actuate belt release must not 
be greater than 45 lbs. 

(b) Mark the safety belts repaired and 
tested to comply with paragraph (a)(2) of 
this AD with permanent legible marking 
either on the manufacturer’s name tag or 
on the belt webbing near the name tag with 
the number of this AD and the date re¬ 
paired. 

(c) If the safety belt is tested prior to 
repair in accordance with paragraph (a)(2) 
and complies with the limits specified in 
paragraphs (a)(2) (i) through (iv) of this 
AD, the compliance time to effect repairs is 
extended to 150 hours time in service after 
the effective date of this AD, at which time 
the GL-2 buckle assembly must be replaced 
or repaired and retested in accordance with 
paragraph (a) of this airworthiness direc¬ 
tive. 

(d) Equivalent means of compliance with 
the AD must be approved by the Chief, Air¬ 
craft Certification Staff. Europe. Africa, 
and Middle East Region. 

This amendment becomes effective 
October 18. 1978. 

(Secs. 313(a), 601, and 603. Federal Aviation 
Act of 1?58, as amended (49 U.S.C. 1354(a), 
1421, and 1423): Sec. 6(c), Department of 
Transportation Act (49 U.S.C. 1655(c)); 14 
CFR 11.89.) 

Issued in Washington, D.C., on Sep¬ 
tember 8, 1978. 

J. A. Ferrarese. 
Acting Director , 
Flight Standards Service. 

(FR Doc. 78-25989 Filed 9-15-78; 8:45 am) 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 







41376 

[4910-13] 

tDocket No. 75-£E-26-AD; Amdt. 39-3298] 

PART 39—AIRWORTHINESS 
DIRECTIVES 

Cessna T310, 320, 340, 401, and 411 
Series Airplanes and Cessna 
Models 402, 402A, 402B, 414, 421, 
421 A, and 421B Airplanes 

AGENCY: Federal Aviation Adminis¬ 
tration <FAA), DOT. 

ACTION: Final rule (revision). 

SUMMARY: This amendment revises 
Airworthiness Directive 75-23-08, ap¬ 
plicable to Cessna T310, 320, 340, 401. 
and 411 series airplanes, and Cessna 
Models 402, 402A 402B, 414, 421, 421A, 
and 421B airplanes by either deleting 
or extending the inspection intervals 
on new improved exhaust system com¬ 
ponents. This action provides relief to 
owners/operators without compromis¬ 
ing safety. 

EFFECTIVE DATE: September 25. 
1978. 

COMPLIANCE: As prescribed in the 
body of the AD. 

ADDRESSES: Cessna multi-engine 
service letter No. ME77-1 (supplement 
No. 2), dated June 26, 1978, referenced 
in this AD, may be obtained from 
Cessna Aircraft Co.. Marketing Divi¬ 
sion. Attention: Customer Service De¬ 
partment, Wichita, Kans. 67201; tele¬ 
phone 316-685-9111. A copy of the 
service letter cited above is contained 
in the rules docket. Office of the Re¬ 
gional Counsel. Room 1558, 601 East 
12th Street, Kansas City. Mo. 64106 
and at Room 916. 800 Independence 


RULES AND REGULATIONS 

Avenue SW., Washington, D.C. 20591. 

FOR FURTHER INFORMATION 
CONTACT*. 

Donald L. Page. Aerospace Engineer, 
Engineering and Manufacturing 
Branch, FAA, Central Region, 601 
East 12th Street, Kansas City, Mo. 
64106; telephone 816-374-3446. 

SUPPLEMENTARY INFORMATION: 
This amendment revises AD 75-23-08, 
applicable to Cessna T310, 320, 340, 
401, and 411 series airplanes, and 
Cessna Models 402, 402A, 402B, 414, 
421, 421A, and 421B airplanes. AD 75- 
23-08 presently requires repetitive in¬ 
spections of exhaust system compo¬ 
nents on these airplanes. Subsequent 
to the issuance of this AD, the manu¬ 
facturer has developed and made 
available exhaust system components 
having increased reliability that 
permit either deletion or extension of 
the inspection intervals without com¬ 
promising the existing level of safety. 
In addition, the manfacturer has 
issued supplement No. 2 to Cessna 
service letter No. ME77-1 to reflect 
this and to update its existing exhaust 
system component and inspection in¬ 
formation. Finally, on new models of 
certain series airplanes to which this 
AD is applicable, the manufacturer 
has incorporated improved exhaust 
systems which render future applica¬ 
bility unnecessary. Accordingly, the 
FAA is revising the AD to make it con¬ 
sistent with these actions. 

Since this amendment is relieving in 
nature and imposes no additional 
burden on any person, notice and 
public procedure hereon are impracti¬ 
cable and good cause exists for making 
this amendment effective in less than 
30 days after the date of publication in 
the Federal Register. 


Adoption of Amendment 

Accordingly, pursuant to the author¬ 
ity delegated to me by the Administra¬ 
tor, §39.13 of part 39 of the Federal 
Aviation Regulations (14 CFR 39.13) is 
amended by revising AD 75-23-08, 
amendment 39-2419 (40 FR 52717- 
52720) as corrected on December 1, 
1975 (40 FR 55637) and as revised by 
amendments 39-2687 (41 FR 33245, 
33246) and 39-2830 (42 FR 9013), as 
follows: 

(1) Revise the applicability state¬ 
ment so that it now reads as follows: 

Cessna: Applies to T310, 320, 340, 401, and 
411 series airplanes and Models 402, 
402A. 402B, 414, 421, 421A. and 421B air¬ 
planes. 

( 2 ) Revise Paragraph I.A) so that it 
now reads as follows: 

“I. Repetitive General Exhaust System 
Inspection: 

(A) On all new and In-service airplanes 
listed above, visually inspect the exhaust 
system components per procedures hereaf¬ 
ter specified in accordance with the follow¬ 
ing schedule: 

60-HOUR INSPECTION 

Inspect components not listed In table II 
or III within 50 hours tlme-in-service after 
the effective date of this AD or last inspec¬ 
tion per AD 75-04-01 and within each 50 
hours time-in-service thereafter. 

lOO-HOUR INSPECTION 

Inspect components listed in table II 
within 100 hours time-ln-service after the 
effective date of this AD or last Inspection 
in accordance with this AD and within each 
100 hours time-in-service thereafter. 

EXEMPT COMPONENTS 

Components listed in table III are exempt 
from these inspection requirements. 


FEDERAL REGISTER, VOL 43, NO. 181— MONDAY, SEPTEMBER 18, 1978 




RULES AND REGULATIONS 


41377 


3) Delete the existing Table I and Insert a new Table I which reads: 


TABLE I 

I 

EXHAUST COUPLING APPLICABILITY CHART 




Coupling 

Part Number 

Qty 
Per 
Ac ft 

Torque 

In-Lbs 

AIRCRAFT APPLICABILITY 

Life 

Limited 

T310P 

Q. R 

320 

3 20A 

B. C 

320D 

E. P 

340 
340A 

401/402 

A. B 

414 

421 

A, B 

Location 

• 

9 

■H 

Cl 

3 

S 

? 

• 

S! 

cu 

V 

H 

9 

to 

NH1000897-20 

2 

40 

* 





X 


X 


Collector (wye) 
Inlet 

No 

NH1000897-30 

2 

40 

* 








X 

Wastegate 

Inlet 

No 

NH1000897-40 

or 

V57A4234 

or 

41195AA423 

2 

40 

A 

X 



X 


X 



Turbine 

Outlet 

No 

NH1000897-50 

or 

V57A5019 

or 

41195AA502 

2 

40 

A 

• 




X 


X 

X 

i 

Turbine 

Outlet 

No 

S 

i 

> 

1 

i 

*-> 

-4 

3 

X 

51394R250 

(51134-2505 

Casket) 

3 

35 


X 







Collector 

Inlet 

Yes 

B38C37 

Alternates: 

4309AL 

4309AF 

3 

35 



X 






Collector 

Inlet 

Yes 

MVT64832 

Alternates: 

4309AL 

4309AF 

3 

35 

X 


V 

X 


X 

/ 



Collector 

Inlet 

Yes 

MVT68892-250 

Alternate: 

4301BT250 

4 

45 





X 


X 


Collector (wye) 
Inlet 

Yes 

4256AB200 

Alternate: 

MVT68892-200 

2 

45-50 

41 


• 





X 

X 

Uastegate Inlet 
(414) & Waste- 
Rate Exit (421) 

Yes 

4356AA300 

4 

2 

70-90 








X 

Wastegate Inlet 
(421) 

Yes 


♦Initial installation of single piece couplings must be made in strict adherence to the specified 
40 inch-pounds torque value. However, periodic retorqulng is required only if coupling shows 
torque values below 30 inch-pounds. 


f 


FEDERAL REGISTER, VOL 43, NO. 181-^MONDAY, SEPTEMBER 10, 1978 

































41378 


RULES AND REGULATIONS 


4) Delete existing Table II and insert a new Table II which reads: 

TABLE II 


• 100 HOUR INSPECTION EXHAUST SYSTEM COMPONENTS 


Description 4 

Part Number 

Qty 

Per Em 

T310 

P.Q.R 

320 

0. E,F 

340 

34 OA 

401/402 

At® 

414 

421 

A,B 

1 

Notes 

Exhaust Stack Assy 










9910379-1 L.H. Eng 
(Inconel 601) 

I (LH) 


► 

% 




X 

i 1 

9910379-2 R.H. Eng 
(Inconel 601) 

1 (RH) 







X 

I 

Aft Slip Joints 










9910314-1 
(Inconel 601) 

1 


t « 





X 

x 

Aft Elbows 






- 




9910299-3 <LH) 
(5654551-5) 

1 

• 

• • 

X - 

X . 


X 


2 6 6 

9910299-4 (RH) 
(5654551-6) 

1 



X 

X 


X 


2 6 6 

9910301-1 . 
(0850712-39) 

1 (LH) 

-• X 

X 

V 

* 

# X . 



2 

9910301-3 

(0850712-41) 

1 (LH) 

X 

X 

- 

• • 

X 



2 

9910301-5 

(0850712-40) 

1 CRH) 

X 

X 


• ^ 

X 



2 

9910379-19 
(Inconel 601) 

1 OH) 

. 

• 





X 

5,8 

9910379-20 

1 (RH) 


. 

> 


... 

- 

X. 

5.8 

Wye Collector Assy 

- 

* . 



. 



- 


9910299-8 • 

(Incooel 601) 

' 1 . 


• 


X • 


X 

- 

2. *. 

4 6 

9910301-4 • • * 

(0850732-3) 

I OH) 

• X 

X 

• 

• 

X 



2 4 3 

9910301—6 

(0850732-18) 

1 (RH) 

X 

X 



X 



2 4 3 

9910341-1 
(Inconel 601) 

1 , 


• 

X 



• 


2. 4. 

4 6 

Couplings (One 

« 









Piece) 





* 

% 




Uastegate Inlet 

NH1000897-30 

1 




• 

- , 


X 

9 

Turbine Outlet # 

. WH1000897-40 

1 

• X 

x V 

• 


x 

* 


• 

Turbine Outlet 
NRI000897-50 * 

• 1 * 



X 

X 


X 

X 

- 

Wye Collector Inlet 
KH 1000897-20 

2 



X 

X 


X 


7 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 































































RULES AND REGULATIONS 


41379 




NOTES FOR TABLE II 


GENERAL NOTES: 08S0XXX and 5654XXX numbers shown in parenthesis are 

earlier part numbers for the corresponding 9910XXX part 
numbers. . 

Ball joint attaching parts (springs, bolts, nuts,- 
washers and cotter pins) are subject to the 100-hour 
inspection instead of the 50-hour only if installed in 
combination with the components listed in Table II. 

1. Exhaust stack assemblies are sealed type and the part numbers shown 
include risers for both cylinder banks and the cross-over pipes. 

♦ ■ * * •• • 

2. Components incorporate formed sheet metal coupling flanges. 

3. Components incorporate external safety ring. 

4.. Components Incorporate internal safety sleeve. 1 

5. Components incorporate seal-less style machined coupling flanges. 

6. Components require seals (part number 17189-250-N1) at coupling flange. 

7. Alternate for MVT68892-250 and 4301BT250 couplings. 

8. Casket (P/N 24096-300-N) not required when these parts are Installed. 

9. NR1000897-30 supersedes 4356AA300. Gasket (P/N 24096-300-N) is re¬ 
quired on all 421 aircraft not equipped with 9910379-19 & -20 Elbow 

. Assemblies. . .. - - * • . 


I 



FEDERAL REGISTER, VOL 43, NO. l»l— MONDAY, SEPTEMBER IB, 1978 









41380 


RULES AND REGULATIONS 


5) Immediately following Table II add Table III which reads: 


TABLE III 


EXEMPT. EXHAUST SYSTEM COMPONENTS 


Description & 
Part Number 

Oty 

Per Enq 

T310 

P ,0,R 

320 

D,E,F 

340 

340A j 

401/4021 

A,B 

414 

Exhaust Stack Assy 

1 

X 

X 

X 

X 

X 

X 

Seal-less Tyne 
9910295-9, L.H. 
(5155166-1) 

9910295-10, R.H. 
(5155166-2) 

1 

X 

X 

X 

X 

X 

X 

Aft Slip Joints 

2 

X 

X 

X 

X 

X 

X 

9910296-2 
(Inconel 601) 
or 

9910296-1 
(5355108-4) 
(Stainless Steel) 


General Notes 

1. Numbers in parenthesis are earlier part numbers for corresDonding 9910XXX 
part numbers. 

2. Exhaust stack assemblies are seal-less type and part numbers shown are 
complete bank assemblies. 

3. Ball joint attaching parts (springs, bolts, nuts, washers and cotter pins) 
are exempt from mandatory inspection only if installed in combination with 
slip joints. 



FEDERAL REGISTER, VOL. 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 
























(6) Revise the sentence immediately 
following paragraph VI to read: 

Cessna service letter ME75-17 dated July 
14, 1975 and Cessna service letter ME77-1 
dated January 24. 1977 and supplement 2 
thereto dated June 26. 1978. or later revi¬ 
sions. pertain to this subject. 

This amendment becomes effective 
September 25. 1978. 

(Secs. 313(a), 601 and 603 of the Federal 
Aviation Act of 1958, as amended (49 U.S.C. 
1354(a), 1421, and 1423); sec. 6(c) Depart¬ 
ment of Transportation Act (49 U.S.C. 
1655(c)); Sec., 11.89 of the Federal Aviation 
Regulations (14 CFR Sec. 11.89).) 

Note.— The FAA has determined that this 
document involves a proposed regulation 
which is not considered to be significant 
under the procedures and criteria prescribed 
by Executive Order 12044 and as imple¬ 
mented by interim Department of Transpor¬ 
tation guidelines (43 FR 9582; March 8, 
1978). 

Issued in Kansas City, Mo. on Sep¬ 
tember 6, 1978. 

John E. Shaw, 

Acting Director, Central Region. 
[FR Doc. 78-26163 Filed 9-15-78; 8:45 am] 


[4910-13] 

[Airspace Docket No. 78-NW-5] 

PART 71—DESIGNATION OF FEDERAL 
AIRWAYS, AREA LOW ROUTES, 
CONTROLLED AIRSPACE, AND RE¬ 
PORTING POINTS 

Revocation of Control Area 

AGENCY: Federal Aviation Adminis¬ 
tration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This amendment revokes 
Control 1445 northwest of Neah Bay, 
Wash., since it has been rarely used. 
This action returns the airspace to the 
public for unrestricted use. 

EFFECTIVE DATE: November 2, 
1978. 

FOR FURTHER INFORMATION 
CONTACT: 

Mr. Lewis W. Still, Airspace Regula¬ 
tions Branch (AAT-230), Airspace 
and Air Traffic Rules Division, Air 
Traffic Service, Federal Aviation Ad¬ 
ministration, 800 Independence 
Avenue SW., Washington. D.C. 
20591; telephone: 202-426-8525. 

SUPPLEMENTARY INFORMATION: 

History 

On June 19, 1978 (43 FR 26321), the 
FAA proposed to amend Part 71 of the 
Federal Aviation Regulations (14 CFR 
Part 71) to revoke Control Area 1445 
which extends northwest from the 
Neah Bay, Wash., for approximately 
33 miles with a width varying from 10 


RULES AND REGULATIONS 

miles to 30 miles. Interested persons 
were invited to participate in this rule- 
making proceeding by submitting writ¬ 
ten comments on the proposal to the 
FAA. No comments were received. 
This amendment is the same as that 
proposed in the notice. Section 71.163 
was republished in the Federal Regis¬ 
ter on January 3. 1978 (43 FR 348). 

Adoption op the Amendment 

Accordingly, pursuant to the author¬ 
ity delegated to me by the Administra¬ 
tor, §71.163 of the Federal Aviation 
Regulations (14 CFR Part 71) as re¬ 
published (43 FR 348) is amended, ef¬ 
fective 0901 G.m.t., November 2, 1978, 
as follows: 

Under §71.163, the designation of 
Control 1445 is revoked. 

(Secs. 307(a), 313(a), and 1110, Federal Avi¬ 
ation Act of 1958 (49 U.S.C. 1348(a), 1354(a), 
and 1510); Executive Order 10854 (24 FR 
9565); Sec. 6(c), Department of Transporta¬ 
tion Act (49 U.S.C. 1655(c)); and 14 CFR 
11.69.) 

Note.— The FAA has determined that this 
document involves a proposed regulation 
which is not considered to be significant 
under the procedures and criteria prescribed 
by Executive Order 12044 and as imple¬ 
mented by interim Department of Transpor¬ 
tation guidelines (43 FR 9582; March 8. 
1978). 

Issued in Washington, D.C., on Sep¬ 
tember 7, 1978. 

William E. Broadwater, 

Chief, Airspace and Air 
Traffic Rules Division. 
[FR Doc. 78-25976 Filed 9-15-78; 8:45 am] 


[4910-13] 

[Airspace Docket No. 76-NW-13] 

PART 71—DESIGNATION OF FEDERAL 
AIRWAYS, AREA LOW ROUTES, 
CONTROLLED AIRSPACE, AND RE¬ 
PORTING POINTS 

Alteration of Controlled Airspace, 
Control Zone 

AGENCY: Federal Aviation Adminis¬ 
tration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This amendment alters 
the designation of controlled airspace 
in the vicinity of Richland, Wash. The 
rule designates additional airspace as a 
control zone. This action is necessary 
to provide controlled airspace protec¬ 
tion for aircraft executing approaches 
to the Richland Airport. 

EFFECTIVE DATE: October 19. 1978. 

FOR FURTHER INFORMATION 
CONTACT: 

Dale C. Jepsen, Airspace Specialist 
(ANW-533), Operations, Procedures, 
and Airspace Branch, Air Traffic Di- 


41381 

vision, Federal Aviation Administra¬ 
tion, Northwest Region, FAA Build¬ 
ing, Boeing Field. Seattle, Wash. 
98108; telephone: 206-767-2610. 

SUPPLEMENTARY INFORMATION: 

History 

A notice of proposed rulemaking 
(NPRM) was published in the Federal 
Register on Thursday, July 6, 1978, 
which described the proposed Rich¬ 
land, Wash., control zone. Interested 
parties were invited to participate in 
the rulemaking proceeding by submit¬ 
ting written comments on the proposal 
to the FAA. Comments were received 
from the Aircraft Owners and Pilots 
Association (AOPA) and the Women’s 
Medical Service, P.C., both of which 
favored the proposal. 

The Rule 

This amendment to part 71 of the 
Federal Aviation Regulations (FAR) 
designates control zone airspace as 
controlled airspace to encompass air¬ 
craft executing approaches to the 
Richland, Wash., Airport. 

Adoption op the Amendment 

Accordingly, pursuant to the author¬ 
ity delegated to me by the Administra¬ 
tor, § 71.171 (subpart F) of the Federal 
Aviation Regulations is amended as 
follows: 

Richland, Wash. 

That airspace bounded by a line beginning 
at latitude 46U5 46" N.. longitude 119*13 06" 
W.. thence clockwise along an arc of a 5- 
mile radius circle centered on the Richland 
Airport (latitude 46*18 30" N., longitude 
119*18 00" W.) to latitude 46*18'27" N.. longi¬ 
tude 119*1143" W., thence counterclockwise 
via an arc of a 5-mile radius centered on the 
Tri-Cities Airport (latitude 46" 15 50" N.. lon¬ 
gitude 119*16 53" W.) to point of beginning. 
Unless specified by Notice to Airmen, this 
Control Zone is effective continuously. 

(Sec. 307(a), Federal Aviation Act of 1958 
(49 U.S.C. 1348(a); sec. 6(c), Department of 
Transportation Act (49 U.S.C. 1655(c))).) 

Note.— The FAA has determined that this 
document involves a proposed regulation 
which is not considered to be significant 
under the procedures and criteria prescribed 
by Executive Order 12044 and as imple¬ 
mented by interim Department of Transpor¬ 
tation guidelines (43 FR 9582; March 8. 
1978). 

Issued in Seattle, Wash., on Septem¬ 
ber 7. 1978. 

C. B. Walk, Jr. f 
Director, Northwest Region. 

[FR Doc. 78-25991 Filed 9-15-78; 8:45 am] 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 








41382 

[4910-13] 

[Airspace Docket No. 78-ANW-14] 

PART 71—DESIGNATION OF FEDERAL 
AIRWAYS, AREA LOW ROUTES, 
CONTROLLED AIRSPACE, AND RE¬ 
PORTING POINTS 

Alteration of Controlled Airspace, 
Transition Area 

AGENCY: Federal Aviation Adminis¬ 
tration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This amendment alters 
the designation of controlled airspace 
in the vicinity of Pendleton, Oreg. 
This alteration is needed to accommo¬ 
date a planned standard instrument 
approach procedure to the Hermiston, 
Oreg., Airport. The status of the Her- 
miston Airport will change from VFR 
to IFR in conjunction with the estab¬ 
lishment of the standard instrument 
approach procedure. 

EFFE CTIVE DATE: October 22, 1978. 

FOR FURTHER INFORMATION 
CONTACT: 

Dale C. Jepsen, Airspace Specialist 
(ANW-533), Operations, Procedures, 
and Airspace Branch. Air Traffic Di¬ 
vision, Federal Aviation Administra¬ 
tion, Northwest Region, FAA Build¬ 
ing, Boeing Field, Seattle, Wash. 
98108; telephone 206-767-2610, 

SUPPLEMENTARY INFORMATION: 
History 

A notice of proposed rulemaking 
(NPRM) was published in the Federal 
Register on Thursday, July 20, 1978, 
which described the proposed Pendle¬ 
ton 700-foot transition area. Interested 
parties were invited to participate in 
the rulemaking proceeding by submit¬ 
ting written comments on the proposal 
to the FAA. The one comment re¬ 
ceived was from the Aircraft Owners 
and Pilots Association (AOPA) which 
voiced no objection to the proposal. 

The Rule 

This amendment to part 71 of the 
Federal Aviation Regulations (FAR) 
designates additional 700-foot transi¬ 
tion area at Pendleton, Oreg., as con¬ 
trolled airspace to encompass aircraft 
executing a standard instrument ap¬ 
proach procedure to the Hermiston, 
Oreg.. Airport. 

Adoption of the Amendment 

Accordingly, pursuant to the author¬ 
ity delegated to me by the Administra¬ 
tor, the Pendleton, Oreg., transition 
area in section 71.181 of part 71 of the 
Federal Aviation Regulations (14 CFR 


RULES AND REGULATIONS 

Part 71) is amended, effective 0901 
Gjn.t., September 15, 1978, as follows: 

Pendleton, Oreg. 

Add the following description to the 700- 
foot airspace designation: 

• Within a 5-mile radius of the Hermiston 
Municipal Airport (latitude 45*49 39" N.. 
longitude 119*15*4r W.) and within 2.5 
miles each side of the Pendleton VORTAC 
300“ radial, extending from the 5-mile radius 
area to the Pendleton VORTAC.*’ 

(Sec. 307(a), Federal Aviation Act of 1958 
(49 U.S.C. 1348(a)); sec. 6(c), Department of 
Transportation Act (49 U.S.C. 1655(c)).) 

Note.— The FAA has determined that this 
document involves a proposed regulation 
which is not considered to be significant 
under the procedures and criteria prescribed 
by Executive Order 12044 and as imple¬ 
mented by interim Department of Transpor¬ 
tation guidelines (43 FR 9582; Mar. 8. 1978). 

Issued in Seattle, Wash., on Septem¬ 
ber 7. 1978. 

C. B. Walk, Jr., 
Director , 

Northwest Region. 
[FR Doc. 78-25982 Filed 9-15-78: 8:45 am] 


[4910-13] 

[Airspace Docket No. 78-RM-19] 

PART 71 —DESIGNATION OF FEDERAL 
AIRWAYS, AREA LOW ROUTES, 
CONTROLLED AIRSPACE, AND RE¬ 
PORTING POINTS 

Establishment of Transition Area 

AGENCY: Federal Aviation Adminis¬ 
tration (FAA). DOT. 

ACTION: Final rule. 

SUMMARY: This amendment desig¬ 
nates a 1,200-foot transition area at 
Bozeman, Mont. This action is neces¬ 
sary to provide controlled airspace for 
holding aircraft and additional con¬ 
trolled airspace for air traffic control 
purposes. 

EFFECTIVE DATE: 0901 G.m.t.. No¬ 
vember 2, 1978. 

FOR FURTHER INFORMATION 
CONTACT: 

Mr. David M. Laschinger, Oper¬ 
ations, Procedures, and Airspace 
Branch, Air Traffic Division, ARM- 
500, Federal Aviation Administra¬ 
tion. Rocky Mountain Region, 10455 
East 25th Avenue. Aurora, Colo. 
80010; telephone 303-837-3937. 

SUPPLEMENTARY INFORMATION: 

History 

On July 17, 1978, the FAA published 
for comment, a proposal to designate a 
1,200-foot transition area at Bozeman, 
Mont. (43 FR 30573). The only com¬ 
ment received expressed no objection. 


Rule 

This amendment to part 71 of the 
Federal Aviation regulations (FAR’s) 
designates a 1,200-foot transition area 
at Bozeman. Mont. This action is nec¬ 
essary to provide controlled airspace 
for holding aircraft and additional 
controlled airspace for air traffic con¬ 
trol purposes. 

Drafting Information 

The principal authors of this docu¬ 
ment are Mr. David M. Laschinger. 
Operations, Procedures, and Airspace 
Branch, Air Traffic Division, and Mr. 
Daniel J. Peterson. Office of Regional 
Counsel. 

Adoption of the Amendment 

Accordingly, pursuant to the author¬ 
ity delegated to me by the administra¬ 
tor, part 71 of the Federal Aviation 
regulations (14 CFR Part 71) is 
amended effective 0901, G.m.t., No¬ 
vember 2, 1978, as follows: 

By amending subpart G §71.181 by 
designating the following transition 
area: 

Bozeman, Mont. 

That airspace extending upward from 700 
feet above the surface within an 11-mile 
radius of Gallantin Field (latitude 45*46'50" 
N.. longitude 111'09 20" W.) and within 5.5 
miles northeast and 9.5 miles southwest of 
the Bozeman ILS northwest localizer course 
extending from the 11-mile radius area to 28 
miles northwest of Gallatin Field, and that 
airspace extending upward from 1,200 feet 
above the surface bounded on the south by 
the northern edge of V86, on the west by 
the east edge of V21, on the north by the 
Helena, Mont., 1.200-foot transition area, on 
the east by a point 6 miles east of V2. ex¬ 
cluding that area designatd as the Butte, 
Mont., 1,200-foot transition area. 

(Sec. 307 (a) Federal Aviation Act of 1958 
(49 U.S.C. 1348(a)); sec. 6(c), Department of 
Transportation Act (49 U.S.C. 1655(c); and 
14 CFR 11.69).) 

Note.— The Federal Aviation Administra¬ 
tion has determined that this document 
does not contain a major proposal requiring 
preparation of an economic impact state¬ 
ment under Executive Order 11821, as 
amended by Executive Order 11949, and 
OMB Circular A-107. 

Issued in Aurora, Colo., on Septem¬ 
ber 6, 1978. 

M. M. Martin, 
Director » 

Rocky Mountain Region. 
[FR Doc. 78-25984 Filed 9-15-78; 8:45 am] 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 





[4910-13] 

[Airspace Docket No. 78-NE—14] 

PART 71—DESIGNATION OF FEDERAL 
AIRWAYS, AREA LOW ROUTES, 
CONTROLLED AIRSPACE AND RE¬ 
PORTING POINTS 

Alteration of Smithfield, R.I., 700-Foot 
Transition Area 

AGENCY: Federal Aviation Adminis¬ 
tration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This amendment changes 
the designation of the Smithfield, R.I., 
700* foot transition area to Pawtucket. 
R.I., and amends the transition area to 
provide added controlled airspace for 
aircraft executing a new RNAV run¬ 
ways 5 and 23 and VOR-B standard in¬ 
strument approach procedures to the 
Pawtucket, R.I., North Central State 
Airport. 

EFFECTIVE DATE: November 2, 
1978. 

FOR FURTHER INFORMATION 
CONTACT: 

Richard G. Carlson, Operations Pro¬ 
cedures and Airspace Branch, ANE- 
536, Air Traffic Division, Federal 
Aviation Administration, 12 New 
England Executive Park. Burlington, 
Mass. 01803; telephone 617-273-7285. 

SUPPLEMENTARY INFORMATION: 
On July 20, 1978, the Federal Aviation 
Administration published a notice pro¬ 
posed to change the designation of the 
Smithfield. R.I., 700-foot transition 
area to Pawtucket, R.I., and to amend 
the transition area to provide added 
controlled airspace for aircraft execut¬ 
ing new RNAV runways 5 and 23 and 
standard instrument approach proce¬ 
dures to the Pawtucket. R.I., North 
Central State Airport. 

No objections were received. 

Adoption of the Amendment 

Accordingly, pursuant to the author¬ 
ity delegated to me by the Administra¬ 
tor the description of the Smithfield, 
R.I., 700-foot transition area in part 
71, §71.181 of t he Federal Aviation 
regulations (14 CFR Part 71.181) is 
amended, effective 0901 G.m.t., No¬ 
vember 2, 1978, as follows: 

a. Change the title of Smithfield, 
R.I., 700-foot transition area to Paw¬ 
tucket, R.I., 700-foot transition area. 

b. Delete from the description the 
words: “excluding the portion that 
overlaps the Providence 700-foot Tran¬ 
sition Area,” and substitute the words: 
“and within 5 miles each side of the 
097 radial from the PUTNAM 
VORTAC extending from the 5 mile 
radius to VORTAC, and within 4 miles 
each side of Runway 5 centerline ex- 


RULES AND REGULATIONS 

tended from the 5 mile radius area to 
9 miles southwest of the runway 
threshold and within 2.5 miles each 
side of Runway 23 centerline extended 
from the 5 mile radius area to 6 miles 
northeast of the runway threshold; ex¬ 
cluding that portion that coincides 
with the Providence, Rhode Island, 
Danielson, Connecticut. Hopedale. 
Massachusetts, and Southbridge, Mas¬ 
sachusetts 700-foot transition areas.” 

(Sec. 307(a), Federal Aviation Act of 1958 
(49 U.S.C. 1348(a); and sec. 6(c), Department 
of Transportation Act (49 U.S.C. 1655(c)).) 

Issued in Burlington, Mass., on 
August 29. 1978. 

Robert E. Whittington, 
Director, 

New England Region. 
[FR Doc. 78-25984 Filed 9-15-78; 8:45 am) 


[8010-01] 

Title 17—Commodity and Securities 
Exchanges 

CHAPTER II—SECURITIES AND 
EXCHANGE COMMISSION 

[Rel. No. 33-5977] 

PART 230—GENERAL RULES AND 
REGULATIONS, SECURITIES ACT OF 
1933 

Increase in Amount of Small Offering 
Exemption 

AGENCY: Securities and Exchange 
Commission. 

ACTION: Final rule. 

SUMMARY: A recent amendment to 
the Securities Act of 1933 increased 
the dollar amount of securities of an 
issue which the Commission may 
exempt from registration by rule or 
regulation from $500,000 to $1,500,000. 
The testimony received by the Com¬ 
mission during its recently completed 
small business hearings indicates there 
is a substantial need for an increase in 
the dollar limit ceiling on the small of¬ 
fering regulation. The Commission is 
therefore amending its small offering 
regulation to increase the aggregate 
amount of securities which may be 
sold thereunder within a 12-month 
period from $500,000 to $1,500,000. 
The Commission is also amending a 
rule in its small offering regulation to 
increase the amount of securities 
which may be sold without the use of 
an offering circular from $50,000 to 
$ 100 , 000 . 

EFFECTIVE DATE: September 18, 
1978. 

FOR FURTHER INFORMATION 
CONTACT: 

John A. Granda, or Paul A. Belvin, 
Office of Disclosure Policy and Pro- 


41383 

ceedings, Division of Corporation Fi¬ 
nance, Securities and Exchange 
Commission. 500 North Capitol 
Street, Washington, D.C. 20549, 202- 
755-1750. 

SUPPLEMENTARY INFORMATION: 
On May 21, 1978, section 3(b) of the 
Securities Act of 1933 (the “Act”) (15 
U.S.C. 77a et seq.) w r as amended by 
Pub. L. 95-283 to increase the limit on 
the aggregate offering price of securi¬ 
ties which may be sold pursuant to a 
rule or regulation thereunder from 
$500,000 to $1,500,000. The Securities ' 
and Exchange Commission today an¬ 
nounced amendments to regulation A 
(17 CFR 230.251 to 230.264), adopted 
pursuant to section 3(b), which: (1) 
Raise the aggregate offering price of 
securities which may be sold thereun¬ 
der by an issuer within a 12-month 
period from $500,000 to $1,500,000,* 
and (2) raise the aggregate offering 
price of securities which may be sold 
without the use of an off ering circular, 
pursuant to rule 257 (17 CFR 230.257), 
from $50,000 to $100,000. 

Background 

Section 3(b) of the Act authorizes 
the Commission to adopt rules and 
regulations to exempt securities from 
the registration requirements of the 
Act, subject to appropriate conditions, 
if it finds that such registration is not 
necessary in the public interest and 
for the protection of investors by 
reason of the small amount involved 
or the limited character of the public 
offering. 

Pursuant to section 3(b), the Com¬ 
mission adopted regulation A. 2 The 
regulation reflects the intent of Con¬ 
gress, as represented by section 3(b), 
by conditionally exempting from regis¬ 
tration those small issues of securities 
which are offered to the public in such 
a manner as to meet the statutory cri¬ 
teria specified above. Thus, the regula¬ 
tion requires, among other things, 
that a notification and an offering cir¬ 
cular containing certain specified in¬ 
formation be filed with the regional 
office of the Commission for the 
region in which the issuer's principal 
business operations are conducted. 
The offering circular is required to be 
furnished to prospective investors at 


•The Initial celling under section 3(b) and 
the regulation was $100,000. In May 1945, 
the Commission amended regulation A, pur¬ 
suant to statutory authorization, to increase 
the maximum of the offering to $300,000. 
The ceiling price was again raised, pursuant 
to amended statutory authorization, in Jan¬ 
uary 1971 to $500,000. 

1 Under the authority granted by section 
3(b) the Commission has also, inter alia, 
adopted regulation B (17 CFR 230.300- 
230.346) for fractional undivided interests in 
oil or gas rights, and regulation F (17 CFR 
230.651-230.656), for assessments or assess¬ 
able stock and for assessable stock offered 
or sold to realize assessments. 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 








41384 

forth in rule 257 may. however, be 
made without the use of an offering 
circular if the aggregate offering price 
of all securities of the issuer, its prede¬ 
cessors and affiliates does not exceed 
$50,000. * * 3 

One of the Commission’s primary 
purposes in adopting regulation A was 
to provide, consistent with the protec¬ 
tion of investors, a simple and relative¬ 
ly inexpensive procedure by which 
small businesses could raise limited 
‘'amounts of needed capital. As current¬ 
ly written, regulation A does not re¬ 
quire certified financial statements for 
most issuers, 4 * thus reducing costs of 
compliance. Also, attorneys’ fees are 
normally lower for the preparation of 
a regulation A filing than a registra¬ 
tion statement under the Act. In addi¬ 
tion, many smaller, local issuers have 
found that since a regulation A offer¬ 
ing is reviewed by the Commission’s 
regional offices, the reviewing process 
is more convenient than if the filing 
were made in Washington, D.C. 

Despite these advantages, the 
number of issuers utilizing the exemp¬ 
tion has declined drastically from 998 
in 1972, to 657 in 1973, 331 in 1974, 250 
in 1975, 226 in 1976, and 158 in 1977. 
Based on the record developed at the 
Commission’s recently completed 
small business hearings, 6 it appears 
that this trend is primarily attributa¬ 
ble to the regulation’s $500,000 offer¬ 
ing ceiling. The expanding capital re¬ 
quirements resulting from inflation 
are unlikely to be adequately met with 
an offering of this size. Moreover, the 
issuer is receiving a lower percentage 
of the net proceeds as compared to 
earlier periods because of the increas¬ 
ing costs of making a regulation A of¬ 
fering. The reluctance of underwriters 
to become involved in an offering of 
$500,000 also appears to have played a 
part in the declining use of the exemp¬ 
tion. 

Congressional recognition of these 
limitations resulted in the introduc¬ 
tion of a number of bills to raise the 
dollar limit ceiling in section 3(b) to 
$2,500,000 or $3,000,000. 6 The Commis¬ 


* Although an offering circular does not 
have to be filed, rule 257(a) does require 

that there be filed as an exhibit to the noti¬ 

fication a statement setting forth the infor¬ 
mation (other than financial statements) re¬ 
quired by schedule I of form 1-A. 

4 Regulation A requires that the offering 
circular contain financial statements cover¬ 
ing the issuer’s last 2 fuU fiscal years. The 
statements required for the issuer’s latest 
fiscal year must be certified if the issuer has 

filed or is required to file with the Commis¬ 
sion certified financial statements for such 

fiscal year. 

•The transcript of this proceeding as well 

as comment letters and written submissions 

are contained in Commission file No. S7-734 

and are available for public inspection and 
copying. 

•See. e.g., S. 2305, 95th Cong., 1st sess. and 
S. 1815, 95th Cong., 1st sess., respectively. 


RULES AND REGULATIONS 

sion expressed its support for these in¬ 
creases with the proviso that it be 
made clear that the Commission 
would retain its present flexibility to 
adopt rules classifying offerings under 
regulation A, and otherwise, based on 
such factors as the size of the offering 
and the business and history of the 
issuer. 7 * The legislative history of the 
bill which was enacted makes clear 
that the Commission retains its pres¬ 
ent flexibility under section 3(b). 6 

Discussion 

(1) Regulation A: In view of the fact 
that section 3(b) was raised to only 
$1,500,000 and not to the amounts pre¬ 
viously proposed, the Commission be¬ 
lieves that the regulation A ceiling 
stated in rule 254 may be raised corre¬ 
spondingly without the need for a re¬ 
vision of the existing requirements of 
the regulation. In determining not to 
require certified financial statements 
for offerings above $500,000, the Com¬ 
mission was guided by its recognition 
that such a requirement would deny 
the use of the regulation to many de¬ 
serving small businesses which are se¬ 
verely in need of capital. In this con¬ 
nection. the Commission notes that 
the securities laws of many States 
would require certified financial state¬ 
ments in order to qualify an issue for 
sale in such States. It is also noted 
that underwriters frequently require 
that the offering circular contain cer¬ 
tified financial statements as a condi¬ 
tion to their participation in an offer¬ 
ing. In those situations where these 
factors do not prevent an offering 
without certified financials, the Com¬ 
mission does not feel justified at this 
time in foreclosing the availability of 
regulation A. The Commission does, 
however, strongly encourage the use 
of certified financials and will closely 
monitor enforcement matters arising 
in this area to determine whether fur¬ 
ther requirements are necessary. 

(2) Rule 257: As indicated previously, 
rule 257 permits offerings not exceed¬ 
ing $50,000 to be made by seasoned is¬ 
suers 9 without the use of an offering 
circular. Although the rule is available 
for primary and secondary offerings of 
securities, it is not presently being uti¬ 
lized extensively. This may be due in 
part to the limited amount of securi¬ 
ties which may be sold thereunder. 

In view of the apparent lack of 
abuse attendant to use of the rule and 
the fact that the $50,000 amount was 
not increased when the statutory ceil¬ 
ing was increased from $300,000 to 
$500,000, the Commission believes that 


7 See, e.g.. Commission comments on S. 
2305 and S. 1815. 

•See, 124 Cong. Rec. S6444 (daily ed. Apr. 
26. 1978) (remarks of Senator Williams). 

•This would include issuers which have 
been organized or incorporated for more 
than 1 year and have a net income from op¬ 
erations for 1 of the last 2 years. 


it is appropriate to raise the amount 
allowable under rule 257 to $100,000. 

Possible Future Action 

A thorough review of the require¬ 
ments of regulation A is contemplated, 
particularly with a view to addressing 
the comments raised in the small busi¬ 
ness hearings. This will also provide 
an opportunity to consider in detail a 
number of staff proposals for stream¬ 
lining procedures and reducing the 
cost of compliance for certain quality 
companies wishing to avail themselves 
of the regulation. 10 The Commission is, 
however, of the view that the immedi¬ 
ate assistance which can be provided 
to small businesses by an increase in 
the ceilings under rules 254 and 257 
should not await the completion of a 
comprehensive review of regulation A. 
The magnitude of any increases in the 
dollar amounts of secondary sales of 
securities by affiliates and others 
under the regulation will also be ad¬ 
dressed at that time. The Commission 
recognizes that secondary offerings 
have an effect on the ability of small 
businesses to raise capital because of 
the liquidity which they provide, but 
further inquiry is necessary to deter¬ 
mine what the limits of such sales 
should be. 

It should be noted that issuers com¬ 
pleting an offering under regulation A 
for the maximum $1,500,000 may 
thereby become subject to the require¬ 
ments of section 12(g) under the Secu¬ 
rities Exchange Act of 1934 (“Ex¬ 
change Act’’) [15 U.S.C. 78a et seq., as 
amended by Pub. L. 94-29 (June 4, 
1975)1. Section 12(g) requires an issuer 
with total assets exceeding $1 million 
and with a class of equity securities 
held of record by 500 or more persons 
to register that class with the Commis¬ 
sion within 120 days after the close of 
the fiscal year in which these criteria 
are met. Registration under section 
12(g) triggers, among other things, the 
obligation to file a registration state¬ 
ment 11 under the Exchange Act and 
thereafter to file periodic reports 


*°In release No. 33-5915 (Mar. 6. 1978). the 
Commission Invited comment on a proposed 
new registration form, form S-18, under the 
Securities Act. That proposed form is con¬ 
templated for offerings of less than $3 mil¬ 
lion by issuers not required to file reports 
under the Exchange Act. In considering the 
record of the small business hearings and 
the comments on proposed form S-18, the 
Commission will also consider the question 
of whether the increase in the regulation A 
ceiling justifies a revision in the ceiling con¬ 
templated under proposed form S-18. 

“The form most likely to be used for such 
registration statement is form 10 (17 CFR 
249.210) which requires, among other 
things, an audited year-end balance sheet 
and audited statements of income and 
source and application of funds for each of 
the 3 fiscal years preceding the date of such 
balance sheet. 


FEDERAL REGISTER, VOL 43, NO. 181-MONDAY, SEPTEMBER 18, 1978 







under section 13 of that act.** The 
Commission recognizes the possible 
burden on smaller issuers which may 
arise as a result of these registration 
and reporting requirements. Thus, 
among the topics addressed at the 
Commission’s small business hearings 
was whether there should be a reduc¬ 
tion in the amount of disclosure re¬ 
quired for such small companies. It Is 
contemplated that this question will 
be examined based on the testimony 
and written submissions received 
during the hearings and the experi¬ 
ence gained with companies filing 
under the new regulation A ceiling. 

Text of Amendments 

Part 230 of Chapter II of Title 17 of 
the Code of Federal Regulations is 
amended as follows: 

1. § 230.254<aXlXi) is revised to read 
as follows: 

§ 230.254 Amount of securities exempted. 

(a) • • • 

( 1 )• • • 

(i) $1,500,000 if the securities are of¬ 
fered or sold by or on behalf of the 
issuer, or by the estate of a decedent 
who owned the securities at death if 
offered within 2 years after the death 
of a decedent, or by affiliates of issuer: 
Provided, That the aggregate offering 
price of securities offered or sold by or 
on behalf of any one affiliate other 
than an estate shall not exceed 
$100,000; and 

• ■ • • • • 

2. § 230.257 is revised to read as fol¬ 
lows: 

§ 230.257 Offerings not in excess of 

$ 100 , 000 . 

Except as to issues specified in para¬ 
graph (a) of § 230.253 and issues of as¬ 
sessable stock, the offering circular 
specified in § 230.256 need not be filed 
or used in connection with an offering 
of securities under this regulation if 
the aggregate offering price of all se¬ 
curities of the issuer, its predecessors 
and affiliates offered or sold without 
the use of such an offering circular 
does not exceed $100,000, computed in 
accordance with § 230.254, provided 
the following conditions are met. 

• • • • • 

(Secs. 3(b), 19(a), 48 Stat. 75. 85; secs. 202, 
209. 48 Stat. 906. 908: 59 Stat. 167; Pub. L. 
91-565, 84 Stat. 1480; sec. 308(a)(2). 90 Stat. 
57; 15 U.S.C. 77c(b), 77s<a).) 


11 It should be noted that the Foreign Cor¬ 
rupt Practices Act of 1977 (Pub. L. 95-213) 
(Dec. 19. 1977) amended the Exchange Act, 
among other things, to require reporting 
companies to make and keep detailed books, 
records and accounts which, in reasonable 
detail, accurately and fairly reflect the 
transactions and dispositions of the assets 
of the registrants. 


RULES AND REGULATIONS 

Statutory Basis and Effective Date 

The amendments to rules 254 and 
257 have been adopted by the Commis¬ 
sion pursuant to the Securities Act of 
1933, particularly sections 3(b) and 
19(a) thereof. The amendments will 
become effective September 18,1978. 

The Commission finds that the 
changes in rules 254 and 257 have al¬ 
ready been generally subject to com¬ 
ment In Securities Act Release No. 33- 
5914 (43 FR 10876) and in its small 
business hearings, and represent a re¬ 
laxation of existing requirements, so 
that further notice of rulemaking pro¬ 
cedures pursuant to the Administra¬ 
tive Procedure Act (5 U.S.C. 553) are 
not necessary. 

By the Commission. 

George A. Fitzsimmons, 
Secretary . 

September 11, 1978. 

[FR Doc. 78- 26209 Filed 9-15-78; 8:45 am) 


[6560-01] 

Title 21—Food and Drugs 

CHAPTER I—FOOD AND DRUG AD¬ 
MINISTRATION, DEPARTMENT OF 
HEALTH, EDUCATION, AND WEL¬ 
FARE 

[FAP 8H5189/R38; FRL 969-2] 

SUBCHAPTER E—ANIMAL FEEDS, DRUGS, AND 
RELATED PRODUCTS 

PART 561—TOLERANCES FOR PESTI¬ 
CIDES IN ANIMAL FEEDS ADMINIS¬ 
TERED BY THE ENVIRONMENTAL 
PROTECTION AGENCY 

Oxamyl 

AGENCY: Office of Pesticide Pro¬ 
grams, Environmental Protection 
Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This rule amends 21 CFR 
Part 561 by establishing a feed addi¬ 
tive tolerance for residues of the insec¬ 
ticide oxamyl in pineapple bran. The 
amendment to the regulations was re¬ 
quested by E. I. du Pont de Nemours 
& Co. This rule establishes a maxi¬ 
mum permissible level for residues of 
oxamyl in pineapple bran. 

EFFECTIVE DATE: September 18, 
1978. 

FOR FURTHER INFORMATION 
CONTACT: 

Mr. James Rea, Product Manager 
(PM) 12. Registration Division (TS- 
767),* Office of Pesticide Programs, 
EPA, 401 M Street SW. t Washing¬ 
ton. D.C. 20460, 202-426-755-9315. • 


41385 

SUPPLEMENTARY INFORMATION: 
On August 3, 1978, notice was given 
(43 FR 34203) that E. X. du Pont de 
Nemours & Co., Inc., Wilmington. Del. 
19898, had filed a petition (FAP 
8H5189) with the EPA. This petition 
proposed that 21 CFR 561 be amended 
by establishing a regulation permit¬ 
ting residues of the insecticide oxamyl 
(methyl N', AT - dimethyl - N - Kmethyl- 
crabamoyDoxylthiooxamimidate) in 
pineapple bran at 6 parts per mil¬ 
lion (ppm) resulting from application 
of the insecticide to growing pineap¬ 
ples. The comment period was short¬ 
ened to 15 days under the Administra¬ 
tive Procedure Act (5 U.S.C. 553(dX3)) 
because of a threat to hundreds of 
acres of pineapples in Hawaii from the 
mealybug, against which no other cur¬ 
rently registered pesticide is an effec¬ 
tive control agent. No comments were 
received by the Agency in response to 
this notice of filing. (A related docu¬ 
ment establishing tolerances for resi¬ 
dues of oxamyl on pineapples and 
pineapple forage appears elsewhere in 
today’s Federal Register.) 

The data submitted in the petition 
and other relevant material have been 
evaluated, and it is concluded that the 
pesticide can be safely used in the pre¬ 
scribed manner when such use is in ac¬ 
cordance with the label and the label¬ 
ing registered pursuant to the Federal 
Insecticide, Fungicide, and Rodenti- 
cide Act (FIFRA), as amended (86 
Stat. 973; 7 U.S.C. 136 et seq.). 

The toxicological data considered in 
support of the proposed tolerance in¬ 
cluded 2-year rat and dog feeding stud¬ 
ies with no-observable-effect levels 
(NOEL) of 50 ppm and 100 ppm, re¬ 
spectively; a three-generation rat re¬ 
production study with an NOEL of 50 
ppm, and a rat teratogenicity study, 
which was negative. Based on the 2- 
year chronic rat feeding study with a 
50 ppm NOEL and using a safety 
factor of 100, the acceptable daily 
intake (ADI) for man is 0.025 milli¬ 
gram (mg)/kilogram (kg) of body 
weight (bw)/day. The theoretical 
maximal residue contribution (TMRC) 
in the human diet from the previously 
established tolerances on celery at 3 
ppm. apples and tomatoes at 2 ppm, 
and potatoes at 0.1 ppm does not 
exceed the ADI. The proposed toler¬ 
ance does not contribute anything to 
the TMRC since pineapple bran is an 
animal feed, and the transfer of resi¬ 
dues to meat, milk, eggs, or poultry is 
not likely. 

Desirable data that is lacking from 
the petition are a second oncogenicity 
study and additional mutagenicity 
studies. The mutagenicity studies will 
be requested when suitable test proto¬ 
cols have been determined. In a letter 
of April 28, 1978, the petitioner indi¬ 
cated that a second oncogenicity study 
was underway and is expected to be 


FEDERAL REGISTER. VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 






41386 


RULES AND REGULATIONS 


or prior to the time the securities are 
offered for sale. A regulation A offer¬ 
ing which meets the conditions set 
completed in late 1980. The petitioner 
also agreed to voluntarily delete the 
use of oxamyl on pineapples from the 
label should the second oncogenicity 
study exceed the risk criteria for 
chronic toxicity in 40 CFR 162.11. Al¬ 
though the evaluation of the onco¬ 
genic potential of oxamyl is not com¬ 
plete. it is concluded that based on the 
available data, the risks are acceptable 
since the absence of an oncogenic po¬ 
tential is adequately shown in the 2- 
year rat feeding study. 

The metabolism of oxamyl is ade¬ 
quately understood, and an adequate 
analytical method (gas chromato¬ 
graphy using a flame photometric de¬ 
tector) is available for enforcement 
purposes. No actions sue currently 
pending against continued registration 
of oxamyl nor are there any other rel¬ 
evant considerations involved in estab¬ 
lishing the proposed tolerances. 

Any person adversely affected by 
this regulation may, on or before Oc¬ 
tober 18, 1978, file written objections 
with the Hearing Clerk, EPA, Room 
M-3708. 401 M Street SW., Washing¬ 
ton, D.C. 20460. Such objections 
should be submitted and specify the 
provisions of the regulation deemed to 
be objectionable and the grounds for 
the objections. If a hearing is request¬ 
ed, the objections must state the 
issues for the hearing. A hearing will 
be granted if the objections are sup¬ 
ported by the grounds legally suffi¬ 
cient to justify the relief sought. 

Effective on September 18, 1978, 21 
CFR 561 is amended as set forth 
below. 

Dated: September 8, 1978. 

Edwin L. Johnson, 
Deputy Assistant Administrator 
for Pesticide Programs . 

(Sec. 409(c)(1) of the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 348(cXl)).> 

Part 561 is amended by adding the 
new § 561.285 to read as follows: 

§ 561.285 Oxamyl. 

A tolerance of 6 parts per million is 
established for residues of the insecti¬ 
cide oxamyl (methyl N'.AT-dimethyl-N- 
[(methylcarbamoyl)oxyl-l- 
thiooxamimidate) in pineapple bran as 
a result of application of the insecti¬ 
cide to growing pineapples. 

[FR Doc. 78-26091 Filed 9-15-78; 8:45 am] 


[6560-01] 

[FAP 6H5133/R39; FRL 968-8] 

PART 561—TOLERANCES FOR PESTI¬ 
CIDES IN ANIMAL FEEDS ADMINIS¬ 
TERED BY THE ENVIRONMENTAL 
PROTECTION AGENCY 

4-Amino-6-( l f 1-Dimethyl«thyl)-3- 
(Methylthio)-l,2,4-THaxin-5(4H)-One 

AGENCY: Office of Pesticide Pro¬ 
grams, Environmental Protection 
Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This rule eastablishes a 
feed additive tolerance for residues of 
the herbicide 4-amino-6-(l,l-dimethy- 
lethyD-3-(methylthio)-l,2,4-triazin- 
5(4//)-one in dried tomato pomace and 
dried processed potato waste. The 
amendment to the regulations was re¬ 
quested by Mobay Chemical Corp. 
This rule estalishes maximum permis¬ 
sible levels for residues of the subject 
pesticide in dried tomato pomace and 
dried processed potato waste. 

EFFECTIVE DATE: September 18, 
1978. 

FOR FURTHER INFORMATION 
CONTACT: 

Mr. Robert Taylor, Product Man¬ 
ager (PM) 25, Registration Division 
(TS-767), Office of Pesticide Pro¬ 
grams, EPA, 202-426-2632. 

SUPPLEMENTARY INFORMATION: 
On June 30, 1978, notice was given (43 
FR 28522) that Mobay Chemical 
Corp., Chemagro Agricultural Divi¬ 
sion, P.O. Box 4913, Hawthorne Road, 
Kansas City, Mo. 64120, had filed a pe¬ 
tition (FAP 6H5133) with the EPA. 
This petition proposed that 21 CFR 
561.41 be amended by the establish¬ 
ment of a regulation permitting resi¬ 
dues ot the herbicide 4-amino-6-( 1.1-di¬ 
me thy leth y 1 )-3-( met hy lthio-1,2,4- 
triazin-5(4f/)-one and its triazinone 
metabolites in or on growing tomatoes 
with a tolerance limitation in dried 
tomato pomace at 2 parts per million 
(ppm) and in dried processed potato 
waste at 3 ppm. No comments or re¬ 
quests for referral to an advisory com¬ 
mittee were received by the Agency in 
response to this notice of proposed ru¬ 
lemaking. (A related Document estab¬ 
lishing a tolerance for residues of the 
subject herbicide on tomatoes appears 
elsewhere in today’s Federal Regis¬ 
ter.) 

The data submitted in the petition 
and other relevant material have been 
evaluated, and it is concluded that the 
pesticide can be safely used in the pre¬ 
scribed manner when such use is in ac¬ 
cordance with the label and labeling 
registered pursuant to the Federal In¬ 
secticide, Fungicide, and Rodenticide 


Act (FIFRA), as amended (86 Stat. 
973; 7 U.S.C. 136 et seq.). Therefore, 
the regulation is being established as 
proposed. 

Any person adversely affected by 
this regulation may, on or before Oc¬ 
tober 18, 1978, file written objections 
with the Hearing Clerk, EPA, Room 
M-3708, 401 M Street SW., Washing¬ 
ton, D.C. 20460. Such objections 
should be submitted and specify the 
provisions of the regulation deemed to 
be objectionable and the grounds for 
the objections. If a hearing is request¬ 
ed, the objections must state the 
issues for the hearing. A hearing will 
be granted if the objections are sup¬ 
ported by the grounds legally suffi¬ 
cient to justify the relief sought. 

Effective on September 18, 1978. 21 
CFR 561.41 is amended as set forth 
below. 

(Sec. 409(c)(1) of the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 348(c)(1)).) 

Dated: September 11, 1978. 

Edwin L. Johnson, 
Deputy Assistant Administrator 
for Pesticide Programs. 

Part 561, subpart A, §561.41 is re¬ 
vised by reformatting the section into 
an alphabetized columnar listing and 
by adding the tolerance of 2 ppm in 
dried tomato pomace to read as fol¬ 
lows: 

§ 561.41 4-Amino-6-(l,l-dimethylethyI)-3- 
(methy!thio)-l,2,4-triazin-5(4H)- one. 

Tolerances are established for com¬ 
bined residues of the herbicide 4- 
amino-6-( 1,1-dimethylethyl)- 
3( methy lthio)-1,2,4-triazin-5( 4//)-one 
and its triazinone metabolites in the 
following processed feeds when pres¬ 
ent therein as a result of application 
of this herbicide to growing crops: 

Parts 

per 

Feed: million 

Potato waste, processed (dried >... M «.... W 3 

Sugarcane moiassses......... 0.3 

Tomato pomace, dried ... 2 

[FR Doc. 78-26093 Filed 9-15-78; 8:45 am] 


[4910-22] 

Title 23—Highway* 

CHAPTER I—FEDERAL HIGHWAY AD¬ 
MINISTRATION, DEPARTMENT OF 
TRANSPORTATION 

SUBCHAPTER A—GENERAL MANAGEMENT 
AND ADMINISTRATION 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 





PART 17—RECORDKEEPING AND RE¬ 
TENTION REQUIREMENTS FOR FED¬ 
ERAL-AID HIGHWAY, RECORDS OF 
STATE HIGHWAY AGENCIES 

Revision 

AGENCY: Federal Highway Adminis¬ 
tration. DOT. 

ACTION: Final rule. 

SUMMARY: This document consoli¬ 
dates the existing regulations on re¬ 
cordkeeping requirements and reten¬ 
tion schedules. This document is in re¬ 
sponse to the recommendations of the 
Federal Highway Administration’s 
(FHWA) policy on minimization of 
redtape (43 FR 10578. Mar. 14.1978). 

EFFECTIVE DATE: September 22. 
1978. 

FOR FURTHER INFORMATION 
CONTACT: 

Franklin D. Rubis. Office of Man¬ 
agement Systems. 202-42G-0534; Lee 
Burstyn, Attorney. Office of the 
Chief Counsel, 202-426-0790, Feder¬ 
al Highway Administration, 400 Sev¬ 
enth Street SW., Washington. D.C. 
20590. Office hours are from 7:45 
a.m. to 4:15 pjn. e.t., Monday 
through Friday. 

SUPPLEMENTARY INFORMATION: 
Because there are no major substan¬ 
tive changes or additions from the ex¬ 
isting recordkeeping requirements and 
retention schedules for Federal-aid 
highway records of State highway 
agencies, notice and comment are un¬ 
necessary. The effect of this revision is 
to consolidate record retention prac¬ 
tices and reduce previous require¬ 
ments. The regulations were originally 
published on May 15, 1974, at 39 FR 
17306 as Subpart A of part 17 of Title 

23, Code of Federal Regulations. 

Not*.— The Federal Highway Administra¬ 
tion has determined that this document 
does not contain a major proposal according 
to the criteria established by the Depart¬ 
ment of Transportation pursuant to Execu¬ 
tive Order 12044. 

In consideration of the foregoing 
and under the authority of 23 U.S.C. 
315; 49 CFR 1.45 and 1.48(b) prescrib¬ 
ing the delegation o{ authority by the 
Secretary of Transportation; and 
OMB Circular A-102 issued on August 

24. 1977. title 23 of the Code of Feder¬ 
al Regulations, part 17, is revised to 
read as set forth below: 


RULES AND REGULATIONS 


Sec. 

17.1 Purpose. 

17.3 Definitions. 

17.5 Requirements. 

17.7 Authorization to microfilm records. 
17.9 Waiver. 

Authohity: 23 U.S.C. 315; 49 CFR 1.45 
and 1.48(b); OMB Circular A-102. 

§ 17.1 Purpose. 

This regulation prescribes the re¬ 
cordkeeping and retention require¬ 
ments for the Federal-aid highway 
program. 

5 17.3 Definition*. 

As used in this regulation: 

(a) Records . Includes all accounts, 
papers, maps, photographs, or other 
documentary materials regardless of 
physical form or characteristics, made 
or received by any agency, firm, or in¬ 
dividual in connection with the trans¬ 
action of Federal-aid highway busi¬ 
ness. This includes, but is not limited 
to, financial records, supporting docu¬ 
ments, statistical records, and other 
records pertinent to Federal-aid high¬ 
way projects, 

(b) Retention period. The minimum 
period of time records are required to 
be held by the Federal Highway Ad¬ 
ministration (FHWA). Other govern¬ 
mental (Federal as well as State, mu¬ 
nicipal, etc.) or private entities may re¬ 
quire or choose longer periods. 

(c) Federal-aid highway program. All 
activity undertaken by a non-Federal 
governmental agency, business firm, 
or individual in connection with Feder¬ 
al grants-in-aid related to title 23, 
United States Code. 

} 17.5 Requirement*. 

(a) State record systems and require¬ 
ments for maintaining documentation 
concerned with the Federal-aid high¬ 
way program will meet applicable re¬ 
quirements of Federal and State laws 
and regulations, establish a sound 
basis for auditing the State program, 
and be consistent with generally ac¬ 
cepted records management and ac¬ 
counting practices. 

(b) Records pertaining to the Feder¬ 
al-aid highway program shall be re¬ 
tained for a minimum period of 3 
years with the following exceptions: 

(1) If any litigation, claim, or audit is 
started before the expiration of the 3- 
year period, the records shall be re¬ 
tained until all litigations, claims, or 
audit findings involving the records 
have been resolved. 

(2) Records for nonexpendable prop¬ 
erty acquired with Federal funds shall 
be retained for 3 years after the final 
disposition of the property. 

(3) Records which have been trans¬ 
ferred to the Federal Highway Admin¬ 
istration for retention. 


41387 

(4) Toll facility records shall be re¬ 
tained for 3 years subsequent to the 
date when the facility became oper¬ 
able on a toll-free basis. 

(c) The start of retention periods for 
State and third-party records is as fol¬ 
lows: 

(1) State records shall be retained 
from the date of submission of the 
final voucher for project oriented rec¬ 
ords. or from the end of the fiscal or 
calendar year in which the final entry 
is made for cost accounting and fiscal 
type records. 

(2) Third-party records shall be re¬ 
tained from the date final payment is 
received. 

(d) FHWA may, from time to time, 
request transfer of records from State 
and local governments when it Is de¬ 
termined that these records possess 
long-term retention value. However, to 
avoid duplicate recordkeeping, the Di¬ 
vision Administrator may make ar¬ 
rangements with State and local gov¬ 
ernments to retain any records which 
are continuously needed for joint use. 

(e) State or third parties should not 
limit access to Federal-aid highway 
records on the basis of this regulation. 
Federal-aid highway records need be 
kept confidential only when FHWA 
can demonstrate that such records 
must be kept confidential and would 
be exempted from disclosure under 
the Freedom of Information Act (5 
U.S.C. 552) if the records were FHWA 
records. 

(f) All records shall be available at 
all reasonable times for inspection by 
any authorized representative of the 
Federal Government and copies there¬ 
of shall be furnished when requested. 

§ 17.7 Authorization to micro film records. 

Microfilmed copies may be used in 
lieu of original records subject to the 
following requirements: 

(a) Copies must be legible and con¬ 
tain all the significant record detail 
shown on the originals. 

(b) Copies shall be so arranged, iden¬ 
tified and indexed so that any individ¬ 
ual document or component of the rec¬ 
ords can be located with reasonable fa¬ 
cility. 

(c) Copies shall be adequate substi¬ 
tutes for the original records and serve 
the purposes for which such records 
were created or maintained. 

§ 17 3 Waiver. 

The granting of a waiver to the pro¬ 
visions of this regulation is expressly 
reserved to the Federal Highway Ad¬ 
ministrator subject to: 

(a) Full written justification demon¬ 
strating unusual circumstances by the 
requesting party. 



FEOERAl REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 






41388 

(b) An indication that compliance 
would be an unreasonable burden 
upon the State or contractor, and 

(c) A determination by FHWA that 
the waiver is in the public interest. 

Issued on September 8,1978. 

John S. Hassell, Jr., 
Deputy Administrator. 

[FR Doc. 78-26213 Filed 9-15-78; 8:45 am] 


[4310-02] 

Title 25—Indians 

CHAPTER I—BUREAU OF INDIAN AF¬ 
FAIRS, DEPARTMENT OF THE INTE¬ 
RIOR 

SUBCHAPTER F—ENROLLMENT 

PART 41 —PREPARATION OF ROLLS 
OF INDIANS 

Qualifications for Enrollment and 
Deadline for Filing 

September 12, 1978. 

AGENCY: Bureau of Indian Affairs, 
Interior. 

ACTION: Final rule. 

SUMMARY: A plan for the use and 
distribution of certain judgment 
funds, awarded by the Indian Claims 
Commission, was submitted to the 
Congress and became effective Novem¬ 
ber 12, 1977. The Bureau of Indian Af¬ 
fairs is amending its regulations on 
preparation of rolls of Indians to in¬ 
clude requirements for enrollment as 
lineal descendants to share in the dis¬ 
tribution of the judgment awarded the 
Saginaw, Sw r an Creek, and Black River 
Bands of Chippewa Indians. The regu¬ 
lation will clarify the qualifications for 
enrollment and impose a deadline for 
filing. 

EFFECTIVE DATE: September 18, 
1978. 

FOR FURTHER INFORMATION 
CONTACT: 

Mitchell L. Bush, Jr., Enrollment 
Officer, Bureau of Indian Affairs. 
1951 Constitution Avenue NW„ 
Washington. D.C. 20245, telephone 
202-343-6921. 

SUPPLEMENTARY INFORMATION: 
Proposed regulations were published 
in the Federal Register, volume 43, 
No. 89 at 19674 on May 8. 1978. No 
comments or suggestions have been re¬ 
ceived. 

The authority for issuing these regu¬ 
lations is contained in 5 U.S.C. 301 and 
sections 463 and 465 of the revised 
statutes (25 U.S.C.) (25 U.S.C. 2 and 9), 
and 230 DM 1 and 2. 

The regulations impose a deadline 
for applying lor enrollment to share in 


RULES AND REGULATIONS 

the judgment funds. The 30-day de¬ 
ferred effective date would curtail the 
filing period which would not be in the 
public interest. Therefore, the 30-day 
deferred effective date is dispensed 
with under the exception provided in 
subsection (d)(3) of 5 U.S.C. 553 
(1970). 

Note.— The Bureau of Indian Affairs has 
determined that this document does not 
contain a major proposal requiring prepara¬ 
tion of an inflation impact statement under 
Executive Order 11821 and OMB Circular 
A-107. 

The principal author of this amend¬ 
ment is Mitchel L. Bush, Jr., Bureau 
of Indian Affairs. 

Forrest J. Gerard, 
Assistant Secretary , 
Indian Affairs. 

Part 41, chapter I of title 25 of the 
Code of Federal Regulations is amend¬ 
ed by the addition of a new paragraph 
designated (cc) as set forth below. 

No further changes are made in the 
text of part 41. 

$ 41.3 Qualifications for enrollment and 
the deadline for filing. 

(cc) Saginaw, Sw r an Creek, and Black 
River Bands of Chippewa Indians. 

(1) All persons who meet the follow¬ 
ing requirements for eligibility shall 
be entitled to be enrolled to share in 
the distribution of the judgment funds 
awarded the Saginaw. Swan Creek, 
and Black River Bands of Chippewa 
Indians in Indian Claims Commission 
docket No. 57: 

(1) They were bom on or prior to and 
living on November 12,1977; 

(ii) Their name or the name of a 
lineal ancestor appears on (a) the 1868 
census of the Kansas Swan Creek and 
Black River Chippewas; (6) the 1900 
enrollment schedules of the United 
Band of Chippewa and Munsee of 
Kansas, appearing thereon as a Chip¬ 
pewa; (c) allotment schedules of the 
Saginaw, Swan Creek, and Black River 
Bands of Chippewa Indians dated Fe- 
brary 6. 1871, June 3, 1871. April 1, 
1872 (two schedules), November 10, 
1883, November 13, 1885 (two sched¬ 
ules). and November 7, 1891; (d) the 
March 22, 1939, revised membership 
roll of the Saginaw Chippewa Indian 
Tribe of Michigan; ( e ) the records as a 
person of Chippewa Indian descent 
who received a tract of land pursuant 
to article 3 of the treaty of September 
24, 1819 (7 Stat. 203); or (/) any other 
record or document which is accept¬ 
able to the Secretary. 

(2) No person shall be eligible to be 
enrolled under this paragraph who is 
not a citizen of the United States or 
who is enrolled or entitled to be en¬ 
rolled with the Saginaw Chippewa 
Indian Tribe of Michigan. 


(3) Applications must be filed with 
the Superintendent, Michigan Agency, 
Bureau of Indian Affairs, P.O. Box 
884, Sault Ste. Marie. Mich. 49783, on 
forms provided for that purpose. Ap¬ 
plications for enrollment must be re¬ 
ceived by the Superintendent no later 
than the close of business, December 
1,1978. 

[FR Doc. 78-26181 Filed 9-15-78; 8:45 am) 


[4830-01] 

Title 26—Internal Revenue 

CHAPTER I—INTERNAL REVENUE 
SERVICE, DEPARTMENT OF THE 
TREASURY 

SUBCHAPTER D—MISCELLANEOUS EXCISE 
TAXES 

[T.D. 7566) 

PART 48—MANUFACTURERS AND 
RETAILERS EXCISE TAXES 

Excite Tax on Further Manufacture of 
Certain Light-Duty Trucks, Buses, 
and Related Articles 

AGENCY: Internal Revenue Service, 
Treasury. 

ACTION: Final regulations. 

SUMMARY: This document contains 
a final regulation relating to the impo¬ 
sition of the manufacturers excise tax 
under the Internal Revenue Code of 
1954. The regulation provides the 
public with guidance needed to comply 
with the Code by clarifying existing 
regulations in certain cases involving 
the further manufacture and sale of 
light-duty trucks, buses, and related 
articles after sale by an original manu¬ 
facturer. 

DATE: The regulation is effective ret¬ 
roactively as of January 13.1977. 

FOR FURTHER INFORMATION 
CONTACT: 

Robert H. Waltuch of the Legisla¬ 
tion and Regulations Division, Office 
of the Chief Counsel, Internal Reve¬ 
nue Service, 1111 Constitution 
Avenue NW„ Washington, D.C. 
20224, Attention: CC:LR:T, 202-566- 
3328, not a toll-free call. 

SUPPLEMENTARY INFORMATION: 

Background 

On March 31, 1978. the Internal 
Revenue Service published in the Fed¬ 
eral Register a proposed amendment 
to the Manufacturers and Retailers 
Excise Tax Regulations (26 CFR Part 
48) under section 4061(a) of the Inter¬ 
nal Revenue Code of 1954. The amend¬ 
ment w r as proposed to clarify 
§ 48.4061(a)-l(f)(l) published in Treas- 


FEDERAL REGISTER, VOL 43, NO. 181-MONDAY, SEPTEMBER 18, 1978 







ury Decision 7461 in the Federal Reg¬ 
ister on January 13, 1977 (42 FR 
2670). A public hearing was not held. 

There was one written comment on 
the proposed amendment. It asked 
that the amendment specifically ex¬ 
clude from potentially taxable events 
the sale or use of certain articles. 
These would be articles sold or used 
after modifications that are character¬ 
ized as “further manufacture,” but 
that do not alter the nature of the ar¬ 
ticle so as to remove it from the light- 
duty class of tax-exempt items. 

The final regulation contains the 
more general language of the proposed 
amendment. Thus, the regulation 
avoids any negative inference that 
might be drawn from a failure to iden¬ 
tify other types of modifications not 
changing the tax-exempt character of 
a further-manufactured article. 

Drafting Information 

The principal author of this regula¬ 
tion was Thomas Rogan of the Legis¬ 
lation and Regulations Division of the 
Office of Chief Counsel, Internal Rev¬ 
enue Service. However, personnel from 
other offices of the Internal Revenue 
Service and Treasury Department par¬ 
ticipated in developing the regulation, 
both on matters of substance and 
style. 

adoption of amendments to the 
regulations 

Accordingly, the proposed amend¬ 
ment to 26 CFR Part 48 as published 
in the Federal Register (43 FR 13587) 
on March 31, 1978. is adopted without 
change as set forth below. 

This Treasury decision is issued 
under the authority contained in sec¬ 
tion 7805 of the Internal Revenue 
Code of 1954 (68A Stat. 917; 26 U.S.C. 
7805). 

Jerome Kurtz, 

Commissioner of Internal Revenue. 

Approved: September 7. 1978. 

Donald C. Lubick, 

Assistant Secretary 
of the Treasury. 

§ 48.4061(a)-l Imposition of tax; exclusion 

for light-duty trucks, etc. 


(f) Exclusion of light-duty trucks, 
buses, and related articles from tax— 
(1) In general • • • 

(iv) Where the modification of an ar¬ 
ticle, exempt from tax when sold by 
the original manufacturer, constitutes 
further manufacture after the original 
manufacturer's sale, a tax may be im- 


RULES AND REGULATIONS 

posed on the subsequent manufactur¬ 
er's sale or use of the modified article. 

• • • • • 

(FR Doc. 78-26214 Filed 9-15-78: 8:45 am] 


[4910-14] 

Title 33—Navigation and Navigable 
Waters 

CHAPTER I—COAST GUARD, 
DEPARTMENT OF TRANSPORTATION 

[CGD 78-631 

PART 117—DRAWBRIDGE 
% OPERATION REGULATIONS 

Frederica River, Ga. 

AGENCY: Coast Guard, DOT. 
ACTION: Final rule. 

SUMMARY: At the request of the 
Brunswick-Glynn County Joint Plan¬ 
ning Commission, the Coast Guard is 
changing the regulations governing 
the Torras Causeway vertical lift 
bridge across the Frederica River by 
permitting the draw to remain closed 
during certain periods. This change is 
being made to accommodate periods of 
peak vehicular traffic. This action will 
accommodate the needs of vehicular 
traffic while still providing for the rea¬ 
sonable needs of navigation. 

EFFECTIVE DATE: This amendment 
is effective on October 20, 1978. 

FOR FURTHER INFORMATION 
CONTACT: 

Frank L. Teuton, Jr.. Chief, Draw¬ 
bridge Regulations Branch (G- 
WBR/73), Room 7300, Nassif Build¬ 
ing, 400 Seventh Street SW., Wash¬ 
ington, D.C. 20590, 202-426-0942. 

SUPPLEMENTARY INFORMATION: 
On May 30, 1978, the Coast Guard 
published a proposed rule (43 FR 
23001) concerning this amendment. 
The Commander, 7th Coast Guard 
District also published these proposals 
as a public notice dated June 5, 1978. 
Interested persons were given until 
July 5, 1978, to submit comments. 

DRAFTING INFORMATION: The 
principal persons involved in drafting 
this rule are: Frank L. Teuton, Jr., 
project manager. Office of Marine En¬ 
vironment and Systems, and Lt. G. S. 
Karavitis, project attorney, Office of 
the Chief Counsel. 

Discussion of Comments 

Ten letters and one petition were re¬ 
ceived. Seven letters and a petition 
with 35 signatures support the pro¬ 
posed regulation. Letters of no objec¬ 
tion were received from the U.S. De¬ 
partment of the Interior and National 


41389 

« 

Oceanic and Atmospheric Administra¬ 
tion. One other letter was received, 
which discussed in general terms the 
potential hazards to vessels. The 
points raised were valid, however, the 
vessel operator, by timing his ap¬ 
proach to this bridge, can avoid these 
potential problems. 

In consideration of the foregoing. 
Part 117 of Title 33 of the Code of 
Federal Regulations is amended by 
adding a new §117.409 immediately 
after § 117.408 to read as follows: 

§117.109 Frederica River, AIWW, mile 
675.5, Torras Causeway, Glynn County 
Drawbridge, St. Simons Island to 
Brunswick, Ga. 

(a) From 7:30 a.m. to 9:30 a.m. and 

4:30 p.m. to 6:30 p.m., Monday 

through Friday, except holidays, the 
draw need only open on the hour and 
half-hour to pass all accumulated ves¬ 
sels. At all other times, the draw shall 
open on signal. 

(b) The draw shall open at any time 
for the passage of public vessels of the 
United States, tugs with tows, and ves¬ 
sels in distress. 

(c) The owner of or agency control¬ 
ling this bridge shall post, on both 
sides of the bridge, signs that state the 
conditions of this regulation. These 
signs shall be of such size that they 
may be easily read from an approach¬ 
ing vessel at any time. 

(Sec. 5. 28 Stat. 362, as amended, sec. 
6(g)(2). 80 Stat. 937 (33 U.S.C. 499, 49 U.S.C. 
1655(g)(2)): 49 CFR 1.46(c)(5).) 

Note.— The Coast Guard has determined 
that this document does not contain a 
major proposal requiring preparation of an 
economic impact statement under Executive 
Order 11821, as amended, and OMB Circu¬ 
lar A-107. 

Dated: September 12, 1978. 

, J. B. Hayes, 
Admiral U.S. Coast Guard, 
Commandant 
[FR Doc. 78-26233 Filed 9-15-78; 8:45 amj 


[4910-14] 

[CGD 77-093] 

PART 117—DRAWBRIDGE 
OPERATION REGULATIONS 

Saginaw Rlvar, Mich. 

AGENCY: Coasfr Guard, DOT. 
ACTION: Final rule. 

SUMMARY: At the request of the 
Michigan Department of State High¬ 
ways, the Coast Guard is changing the 
operating regulations for the Veter¬ 
an's Memorial Bridge, mile 5.6, and 
the Lafayette Street Bridge, mile 6.8, 
across the Saginaw River. Bay City. 
Mich., to extend the restrictive open¬ 
ing periods for these bridges to include 


FEDERAL REGISTER, VOL. 43, NO. 1S1-MONDAY, SEPTEMBER IS, 197S 








41390 

weekends. Vehicular traffic on these 
bridges has increased because of the 
loss of the nearby Third Street Bridge. 
This action will assist the flow of ve¬ 
hicular traffic during the reconstruc¬ 
tion of the Third Street Bridge. 

EFFECTIVE DATE: This amendment 
is effective on October 20, 1978. 

FOR FURTHER INFORMATION 
CONTACT: 

Frank L. Teuton. Jr., Chief, Draw¬ 
bridge Regulations Branch (G- 
WBR/73), room 7300. Nassif Build¬ 
ing. 400 Seventh Street SW., Wash¬ 
ington. D.C. 20590, 202-426-0942. 

SUPPLEMENTARY INFORMATION: 
On March 2, 1978, the Coast Guard 
published a proposed rule (43 FR 
8559) concerning this amendment. The 
Commander, Ninth Coast Guard Dis¬ 
trict, also published these proposals as 
a public notice dated March 15, 1978. 
Interested persons were given until 
March 24, 1978, and April 13, 1978, re¬ 
spectively, to submit comments. 

Drafting Information 

The principal persons involved in 
drafting this rule are: Frank L. 
Teuton, Jr., Project Manager, Office 
of Marine Environment and Systems, 
and Lt. G. S. Karavitis, Project Attor¬ 
ney, Office of the Chief Counsel. 

Discussion of Comments 

The proposal was to extend the 
period of restrictive openings to in¬ 
clude weekends. Two comments were 
received, but both commenters were 
concerned with the existing weekday 
restrictions rather than the proposal. 
Correspondence with the Bay County 
Administration indicates that it is con¬ 
sidering requesting modification of the 
weekday rules. The Coast Guard will 
consider the issues raised by the two 
commenters at that time. 

In consideration of the foregoing, 
Part 117 of title 33 of the Code of Fed¬ 
eral Regulations, is amended by revis¬ 
ing § 117.700(h)(2) to read as follows: 

§ 117.700 Saginaw River, Mich.; bridges. 


(h) • • • 

(2) From March 16 through Decem¬ 
ber 15. the draws of the Belinda 
Street, Third Street, Veterans Memo¬ 
rial, and Lafayette Street Bridges 

shall open on signal, except that: 

(i) From 6:30 a.m. to 8:30 a.m. and 

3:30 p.m. to 5:30 p.m., Monday 

through Friday, except legal holidays 
observed in the locality, the draws 
need not open for the passage of ves¬ 
sels of less than 50 gross tons. 

(ii) From 7:30 a.m. to 8:30 a.m. and 
4:30 p.m. to 5:30 p.m., Monday 

through Friday, except legal holidays 
observed in the locality, the draws 


RULES AND REGULATIONS 

need not open for the passage of 
down bound vessels of over 50 gross 
tons. 

(iii) From 8 a.m. to 8 p.m. on Satur¬ 
days. Sundays, and legal holidays ob¬ 
served in the locality, the draws of the 
Lafayette Street and Belinda Street 
Bridges need not open for the passage 
of recreational vessels except from 3 
minutes before to 3 minutes after the 
hour and half-hour. 

(iv) From 8 a.m. to 8 p.m. on Satur¬ 
days, Sundays, and legal holidays ob¬ 
served in the locality, the draw of the 
Veteran’s Memorial Bridge need not 
open for the passage of recreational 
vessels except from 3 minutes before 
to 3 minutes after the quarter hour 
and the three-quarter hour. 

# 

• • • • • 

(Sec. 5. 28 Stat. 362. as amended, sec. 
6(g)(2), 80 Stat. 937 (33 U.S.C. 499. 49 U.S.C. 
1655(g)(2)); 49 CFR 1.46(c)(5).) 

Note.— The Coast Guard has determined 
that this document does not contain a 
major proposal requiring preparation of an 
economic impact statement under Executive 
Order 11821. as amended, and OMB Circu¬ 
lar A-107. 

Dated: September 11, 1978. 

J. B. Hayes. 

Admiral U.S . Coast Guard - 
Commandant 

[FR Doc. 78-26235 Filed 9-15-78; 8:45 ami 


[4910-14] 

[CGD 77-229] 

PART 117—DRAWBRIDGE 
OPERATION REGULATIONS 

Albemarle and Chesapeake Canal, 
Va. 

AGENCY: Coast Guard, DOT. 
ACTION: Final rule. 

SUMMARY: This change amends the 
regulations for the drawbridge across 
the Albemarle and Chesapeake Canal, 
Great Bridge, Va.. to allow the draw to 
open only on the hour from 6 a.m. to 7 
p.m. At all other times the draw shall 
open on signal. This change will 
permit a more even flow of vehicular 
traffic during this period. 

EFFECTIVE DATE: This amendment 
is effective on October 20, 1978. 

FOR FURTHER INFORMATION 
CONTACT: 

Frank L. Teuton, Jr., Chief, Draw¬ 
bridge Regulations Branch (G- 
WBR/73), Room 7300, Nassif Build¬ 
ing, 400 Seventh Street SW., Wash¬ 
ington, D.C. 20590. 202-426-0942. 

SUPPLEMENTARY INFORMATION: 
On January 5, 1978, the Coast Guard 
published a proposed rule (43 FR 981) 


concerning this amendment. The Com¬ 
mander, Fifth Coast Guard District, 
also published these proposals as a 
public notice dated January 3. 1978. 
Interested persons were given until 
February 4, 1978, to submit comments. 

Drafting Information 

The principal persons involved in 
drafting this rule are: Frank L. 
Teuton. Jr., Project Manager. Office 
of Environment and Systems, and Lt. 
G. S. Karavitis, Project Attorney, 
Office of the Chief Counsel. 

Discussion of Comments 

Nine comments on the proposal were 
received. Three supported the propos¬ 
al and one had no objection. Five op¬ 
posed the change on various grounds. 

Those opposed to the proposal sug¬ 
gested alternatives in the following 
categories: (1) More frequent open¬ 
ings: (2) open on demand for commer¬ 
cial vessels; (3) limit restrictions to 
rush hours only; and (4) construct a 
high level bridge. 

Various combinations of restricted 
bridge openings have been tried on a 
temporary basis for more than a year. 
Both vehicular and vessel traffic sta¬ 
tistics have been compiled. Based on 
these studies, it is the Coast Guard's 
position that hourly openings will pro¬ 
vide for the reasonable needs of navi¬ 
gation and that these restrictions 
should be imposed from 6 a.m. to 7 
p.m. daily. 

The Virginia Department of Trans¬ 
portation is planning construction of a 
high level bridge which will relieve ve¬ 
hicular traffic, however, it may be sev¬ 
eral years before the bridge is com¬ 
pleted. When the new bridge is com¬ 
pleted, the restrictions on this bridge 
will be reevaluated. 

The original proposal was for the re¬ 
stricted periods to run from 5 a.m. to 
10 p.m. A careful study of vehicular 
traffic patterns for this period showed 
that the traffic was heaviest from 6 
a.m. to 7 p.m. The original proposal 
was too restrictive to navigation, and 
the period acceptable at this time is 6 
a.m. to 7 p.m. 

In consideration of the foregoing, 
Part 117 of Title 33 of the Code of 
Federal Regulations is amended by re¬ 
vising § 117.350 to read as follows: 

§117.350 Albemarle and Chesapeake 
Canal (A1WW), Va., U.S. Government 
bridge at Great Bridge. 

(a) From 6 a.m. to 7 p.m., the draw 
need open only on the hour. However, 
if any vessel is approaching the draw¬ 
bridge, and cannot reach the draw ex¬ 
actly on the hour, the draw tender 
may delay the hourly opening up to 10 
minutes past the hour for the passage 
of the approaching vessel and any 
other vessels that are waiting to pass. 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 







(b) Prom 7 p.m. to 6 a.m. the draw 
shall open on signal. 

(c) The draw tender shall open the 
bridge promptly for the passage of any 
vessel with an emergency condition 
which presents danger to life or prop¬ 
erty. The signal to request emergency 
opening is four or more short blasts of 
a whistle or horn. 

(d) Signs shall be posted on both the 
upstream and downstream sides of the 
bridge regarding the hours of restrict¬ 
ed operation in such a manner that 
they can easily be read by an ap¬ 
proaching vessel at any time. 

(Sec. 5, 28 Stat. 362, as amended, sec. 
6(gX2), 80 Stat. 937 <33 U.S.C. 499, 49 U.S.C. 
1655(g)(2)); 49 CFR 1.46(cX5).) 

Note.— The Coast Guard has determined 
that this document does not contain a 
major proposal requiring preparation of an 
economic Impact statement under Executive 
Order 11821, as amended, and OMB Circu¬ 
lar A-107. 

Dated: September 11, 1978. 

J. B. Hayes, 
Admiral 
U.S. Coast Guard 
Commandant 

[PR Doc. 78-26237 Piled 9-15-78; 8:45 am] * 


[7710-12] 

Title 39—Postal Service 

CHAPTER I—U.S. POSTAL SERVICE 

PART 266—PRIVACY OF 
INFORMATION 

Exemptions of Systems of Records 

AGENCY: Postal Service. 

ACTION: Final rule. 

SUMMARY: The Postal Service an¬ 
nounces the amendment of regula¬ 
tions exempting systems of records 
from specified provisions of the Priva¬ 
cy Act of 1974 by changing the de¬ 
scriptions of certain records systems. 

DATE: October 18, 1978. 

ADDRESS: Records Officer, U.S. 
Postal Service, Washington, D.C. 
20260. 

FOR FURTHER INFORMATION 
CONTACT: 

Mr. John E. Finlay, 202-245-4142. 

SUPPLEMENTARY INFORMATION: 
The Postal Service recently deter¬ 
mined that it was desirable to make 
general description changes to certain 
personal records systems to reflect 
more accurately the nature and the 
scope of the systems described. 

As a result of the revisions made, 
two new records systems descriptions 
subject to exemptions under the Priva¬ 
cy Act were substituted for a previous¬ 


RULES AND REGULATIONS 

ly published system in the Federal 
Register. 

The new systems of records involved 
are: 

USPS 120.151—Personnel Records—Recruit¬ 
ing, Examining, and Appointment Rec¬ 
ords. 

USPS 120.152—Personnel Records—Career 
Development and Training Records. 

The amendment to part 266 of 39 
CFR reflects only changes to the 
system descriptions, not the exemp¬ 
tions to which the systems are subject. 

Accordingly, 39 CFR is amended as 
set forth below: 

In §266.9 revise paragraph (b)(4) 
and add a new paragraph (b)(8) as fol¬ 
lows: 

§ 266.9 Exemptions. 


(b) • • • 

(4) Postal Service Recruiting, Exam¬ 
ining, and Appointment Records from 
5 U.S.C. 552a (d)(lM4), (e)(1). (e)(4) 
(G) and (H), and (f) to the extent that 
information in the system is subject to 
exemption pursuant to 5 U.S.C. 
552a(k) (5) and (6) as relating to the 
compromise of the objectivity or fair¬ 
ness of the testing or examination 
process and to the identity of a source 
who has furnished information to the 
Government in confidence as a part of 
an investigation conducted solely for 
the purpose of determining suitability, 
eligibility, or qualifications of an indi¬ 
vidual for employment. 


• • 


(8) Postal Service Career Develop¬ 
ment and Training Records from 5 
U.S.C. 552a (d)(lM4), (e)(4) (G) and 
(H). and (f) to the extent that infor¬ 
mation in the system is subject to ex¬ 
emption pursuant to 5 U.S.C. 
552a(k)(6) as relating to the compro¬ 
mise of the objectivity or fairness of 
the testing or examination process. 

Roger P. Craig, 
Deputy General Counsel 
CFR Doc. 78-26159 Filed 9-15-78; 8:45 am] 


[6560-01] 

Title 40—Protection of Environment 

CHAPTER I—ENVIRONMENTAL 
PROTECTION AGENCY 


41391 

SUBCHAPTER E—PESTICIDE PROGRAMS 

(FRL 967-6; OPP-300014A] 

PART 180—TOLERANCES AND EX- 
EMPTIONS FROM TOLERANCES 
FOR PESTICIDE CHEMICALS IN OR 
ON RAW AGRICULTURAL COM¬ 
MODITIES 

Exemptions From Requirement of a 
Tolerance for Certain Inert Ingredi¬ 
ents in Pesticide Formulations 

AGENCY: Office of Pesticide Pro¬ 
grams, Environmental Protection 
Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This rule establishes ex¬ 
emptions from tolerance requirements 
for certain additional inert (or occa¬ 
sionally active) ingredients in pesticide 
formulations. The requests were sub¬ 
mitted by various firms. This regula¬ 
tion permits the use of the exempted 
ingredients in pesticide formulations. 

EFFECTIVE DATE: September 18, 
1978. 

FOR FURTHER INFORMATION 
CONTACT: 

Mr. David L. Ritter, Hazard Evalua¬ 
tion Division (TS-769), Office of Pes¬ 
ticide Programs, EPA, 401 M Street 
SW., Washington D.C., 202-426-2680. 

SUPPLEMENTARY INFORMATION: 
On July 11, 1978, the EPA published a 
notice of proposed rulemaking in the 
Federal Register (43 FR 29809) to 
amend 40 CFR 180, subpart D, by 
exempting certain pesticide chemicals 
which are additional inert (or occa¬ 
sionally active) ingredients in pesticide 
formulations from tolerance require¬ 
ments under provisions of section 
408(e) of the Federal Food. Drug, and 
Cosmetic Act. No requests for referral 
to an advisory committee were re¬ 
ceived by the Agency with regard to 
this notice. 

Two comments were received in re¬ 
sponse to this notice requesting that 
the use of the inert ingredient styrene- 
maleic anhydride copolymer be ex¬ 
panded to include postemergence ap¬ 
plication. The Agency concludes that 
since a substantive change in crop cov¬ 
erage is involved and since the re¬ 
quests will require more review time 
than is available, the requested 
changes should be considered along 
with the next group of inert ingredi¬ 
ents for which exemptions are request¬ 
ed. It has been concluded that the 
amendment will protect the public 
health and, therefore, that the amend¬ 
ment to the regulations should be 
adopted as proposed. 

Any person adversely affected by 
this regulation may, on or before Oc¬ 
tober 18. 1978, file written objections 


FEDERAL REGISTER, VOL 43, NO. 181-MONDAY, SEPTEMBER 18, 1978 








41392 


RULES AND REGULATIONS 


with the Hearing Clerk, EPA, Room 
M-3708. 401 M Street SW., Washing¬ 
ton, D.C. 20460. Such objections 
should be submitted in quintuplicate 
and specify the provisions of the regu¬ 
lation deemed to be objectionable and 
the grounds for the objections. If a 
hearing is requested, the objections 
must state the issues for the hearing. 
A hearing will be granted if the objec¬ 
tions are supported by the grounds le¬ 
gally sufficient to justify the relief 
sought. 

Effective September 18, 1978, part 
180 is amended as set forth below. 

(Sec. 408(d)(2) of the Federal Food, Drug, 
and Cosmetic Act (21 D.S.C. 346a(d>(2)).) 


Dated: September 8,1978. 

Edwin L. Johnson, 
Deputy Assistant Administrator • 
for Pesticide Programs. 

Part 180, subpart D. is amended by 
(1) deleting the items "N,N- Bis<2- 
[omepa-hydroxypoly (oxyethylene)] 
ethyl) alkyl amines; 0 • V* “Af,AMBis[2- 
omega-hydroxypoly (oxyethylene)] 

ethyl alkyl amines; • • V” and 
Bis(2hydroxyethyl) alkylamine, 

where the alky groups (Ci«-C».) * • •” 
from the table in § 180.1001(d); (2) al¬ 
phabetically inserting new items in 
the tables in 9 180.1001 (c). (d), and (e); 
and (3) adding the new § 180.1040, as 
follows: 


§ 180.1001 (Amended] 

1. Section 180.1001 i$ amended as fol¬ 
lows: 

Section 180.1001 Exemptions from 
the requirement of a tolerance is 
amended in paragraph (d) by deleting 
the thfee items “N,N-Bis(2-lomega- 
hydroxypoly(oxyethylene)lethyl) al- 
kylamines; • • V’ 44 A/ p ,Ar-Bis[2-omega- 
hydroxypoly(oxyethylene)] ethyl al- 
kylamines; and <4 N,Af-Bis(^hy- 

droxyethyl) alkylamine, where the 
alkyl groups (C,«-C,.) • • •” from the 
list of items in the table. 

2. Section 180.1001 is amended by al¬ 
phabetically inserting new items in 
the tables in paragraphs (c), (d), and 
(e). 


§ 180.1001 Exemptions from the requirement of a tolerance. 


(C) • • • 


Inert ingredients 


limits 


Uses 


Glycerol mono-, di-. and triacetate. 


• • 

Solvent, cosolvent. 


n-Propanol 


Solvent, cosolvent. 


(d) • • * 


Inert ingredients 


Limits 


Uses 


n-AlkyKC .-C,.) amine acetate 


Surfactants, related adjuvants of 
surfactants. 


N,N. bls<2-hydroxyethyl) alkylamine. where the alkyl groups (C.-C,.) are derived from 
coconut, cottonseed, soya, or tallow acids. 

N.N-Bia 2-<omesra-hydroxypolyoxyethylene> ethyl alkylamine: the reaction product of 1 
mole N, NBlst2-hydroxyethyl) alkylamine and 3-60 moles of poly(oxyethylene) alkyla¬ 
mine, where the alkyl group <C r-C ») is derived from coconut, cottonseed, soya, or 
tallow acids. 


Surfactants, related adjuvants of 
surfactants. 

Do. 


• • • 

Copper naphthenate--------— 


Copper salts of neodecanoic acid and 2-ethyl hexanoic acid, 


Not more than 2.5 pet of Mercaptan scavenger in technical 

formulation: application limited pesticide, 
to before edible portions of 
plants begin to form. 

Not more than 1 pet of Do. 

formulation: application limited 
to before edible portions of 
plants begin to form. 


DiakyKC ,-C „) dimethyl ammonium chloride. (C .-C ,J group from tallow 


Surfactants, related adjuvants of 
surfactants. 


Douglas-fir bark, ground 


Solid diluent, carrier. 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 







































I 


RULES AND REGULATIONS 


41393 


(dr 


Inert ingredients 

— T— 



Limits 

Uses 


• « • 

a°Pincne. 1. 

m 


• 

■ 

..... Not more than 2 pet of 

• 

Stabilizer. 

• 





formulation by weight. 


• • 

Polyoxyethylene (5) sorbitan monoole&te. 

• 


• 

• 

• 

Surfactants, related 
surfactants. 

• 

adjuvants of 





♦ \ 

• • 

Styrene-maleic anhydride copolymer. 

• 


• 

• 

.... For preemergence use only. 

• • 

SiiKDpnHInff nr rllcnpneino appnt 

• ■ 

• 


• 

• 

• 

• 

(e) • • • 

Inert ingredients 




Limits 

Uses 


• • 

Com syrup............ 

• 


• 

• 

• 

Sticker, attractant. 

• 

Dye. coloring agent. 
Do. 

Do. 

# 

Dye. coloring agent. 

• 

Stabilizer. 

• 

• • 

D and C green No. 6...... 

• 


• 

• 

• 

D and C red No. 17. 






D and C violet No. 2. 






• • 

FT) and C blue No. 1..... 

• 


• 

• 

• 

• • 

a^Pinene. T .. T . TT „.. T . Ttrt .. T „. It .... . 

• 


• 

• 

Not more Dibit 2 pet of 

• 





formulation by weight. 


• • 

Tartrazlne.. 

• 


• 

• 

• 

Dye, coloring agent. 

• 


* 


3. Part 180, Subpart D. Is amended 
by adding the new § 180.1040 to read 
as follows: 

5180.1040 Ethylene glycol; exemption 
from the requirement of a tolerance. 

Ethylene glycol as a component of 
pesticide formulations is exempt from 
the requirement of a tolerance when 
used in foliar applications to peanut 
plants. 

CFR Doc. 78-25959 Piled 9-15-78; 8:45 am] 


[6560-01] 

CPP 6 FI 738/R1 66; FRL 969-4] 

PART 180—TOLERANCES AND EX¬ 
EMPTIONS FROM TOLERANCES 
FOR PESTICIDE CHEMICALS IN OR 
ON RAW AGRICULTURAL COM¬ 
MODITIES 

Bifenox 

AGENCY: Office of Pesticide Pro¬ 
grams, Environmental Protection 
Agency (EPA). 


ACTION: Pinal rule. 


SUMMARY. This rule establishes to¬ 
lerances for residues of the herbicide 
bifenox on sorghum grain and forage, 
rice grain and straw, barley grain and 
straw, oat grain and straw, and wheat 
grain and straw. The request was sub¬ 
mitted by Mobil Chemical Co. This 
regulation establishes maximum per¬ 
missible levels for residues of bifenox 
on the above raw agricultural com¬ 
modities. 


EFFECTIVE DATE: Sepi -mber 18, 
1978. 


FOR FURTHER INFORMATION 
CONTACT: 

Mr. Robert Taylor, Product Man¬ 
ager (PM) 25, Registration Division 
(TS-707), Office of Pesticide Pro¬ 
grams, EPA. 401 M Street SW. f 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 







































41394 


RULES AND REGULATIONS 


Washington. D.C. 20460. 202-426- 

2632. 

SUPPLEMENTARY INFORMATION: 
On March 12. 1976. notice was given 
(41 FR 10709) that Mobil Chemical 
Co.. P.O. Box 26683, Richmond, Va. 
23261, had filed a pesticide petition 
(PP 6F1738) with the EPA. This peti¬ 
tion proposed that 40 CFR 180.351 be 
amended to establish tolerances for re¬ 
sidues of the herbicide bifenox 
(methyl 5-(2,4-dichlorophenoxy)-2-ni- 
trobenzoate) in or on the raw agricul¬ 
tural commodities sorghum grain and 
forage, rice grain and straw, barley 
grain and straw, oat grain and straw, 
and wheat grain and straw at 0.05 part 
per million (ppm). No comments were 
received in response to this notice of 
filing. 

The data sumitted in the petition 
and other relevant material have been 
evaluated. The toxicological data con¬ 
sidered in support of the proposed to¬ 
lerances included a rat oral lethal dose 
(LD«>) study with the LD M greater 
than 6 grams (g)/kilogram (kg) of 
body weight (bw), a 90-day dog feeding 
study with a no-observable-effect level 
(NOEL) of 500 ppm, a 90-day rat feed¬ 
ing study with an NOEL of 500 ppm, a 
cataract study with chicks (negative), 
2-year rat and dog feeding studies 
both with an NOEL of 600 ppm, a 
three-generation rat reproduction 
study with an NOEL of 200 ppm, a rat 
teratogenicity study (negative at 100 
milligrams (mg)/kg bw/day, and a 
mouse dominant lethal mutagenicity 
study (negative at 500 mg/kg bw). 

Desirable data lacking from the peti¬ 
tion include oncogenic studies on two 
species of rodents and an additional 
mutagenicity study. In a letter of June 
23, 1978, Mobil Chemical Co. agreed to 
do the missing studies and to remove 
the proposed uses from the label 
should the oncogenic studies exceed 
the risk criteria for chronic toxicity in 
40 CFR 162.11. The additional muta¬ 
genicity studies are deferred until the 
Agency's requirements are finalized. 

Tolerances have previously been es¬ 
tablished for negligible residues of bi¬ 
fenox on field corn grain, fodder, and 
forage and soybeans, soybean forage 
and hay at 0.05 ppm. The negligible 
residue designation is removed from 
these existing tolerances by this order 
because long-term studies are now 
available. The metabolism of bifenox 
is adequately understood and an ade¬ 
quate analytical method (gas chroma¬ 
tography using a halogen-specific mi- 
crocoulometric detector) is available 
for enforcement purposes. The theo¬ 
retical maximal residue contribution 
(TMRC) for all tolerances, established 
and proposed, is 0.0099 mg/day com¬ 
pared with a maximum permissible 
intake (MPI) of 9 mg/day for a 60-kg 
man. This is only 0.11 percent of the 
MPI. The MPI is based on the NOEL 


of 600 ppm in the two-year dog feed¬ 
ing study using a safety factor of 100. 
Although a complete evaluation of the 
oncogenic potential is not possible, the 
results of the 2-year rat feeding study 
in conjunction with the low potential 
for exposure provide adequate assur¬ 
ance of a very low over-all risk and 
even lower increment in risk from the 
additionally proposed tolerances. 
There are no pending regulatory ac¬ 
tions against continued registration of 
bifenox, nor are there any other rele¬ 
vant considerations involved in estab¬ 
lishing the proposed tolerances. There 
is no reasonable expectation of resi¬ 
dues in eggs, meat, milk, or poultry as 
delineated in 40 CFR 180.6(a)(3). 

The pesticide is considered useful 
for the purpose for which tolerances 
are sought, and it is concluded that 
the tolerances of 0.05 ppm on sorghum 
grain and forage, barley grain and 
straw, oat grain and straw, rice grain 
and straw, and wheat grain and s traw 
established by amending 40 CFR 
180.351 will protect the public health. 
It is concluded, therefore, that the to¬ 
lerances be established as set forth 
below. 

Any person adversely affected by 
this regulation may, on or before Oc¬ 
tober 18. 1978, file written objections 
with the Hearing Clerk. EPA, Rm. M- 
3708, 401 M Street SW., Washington, 
D.C. 20460. Such objections should be 
submitted and specify the provisions 
of the regulation deemed to be objec¬ 
tionable and the grounds for the ob¬ 
jections. If a hearing is requested, the 
objections must state the issues for 
the hearing. A hearing will be granted 
if the objections are supported by the 
grounds legally sufficient to justify 
the relief sought. 

Effective on September 18, 1978, 
part 180 is amended as set forth below. 

Dated: September 11, 1978. 

Edwin L. Johnson, 
Deputy Assistant Administrator 
for Pesticide Programs. 

(Sec. 408(dX2) of the Federal Food. Drug, 
and Cosmetic Act (21 U.S.C. 346a(d><2)).) 

Section 180.351 is revised by alpha¬ 
betically reformatting the section into 
an alphabetized columnar listing and 
alphabetically inserting barley grain 
and straw, oat grain and straw, rice 
grain and straw, sorghum grain and 
forage, and wheat grain and straw at 
0.05 ppm in the table, as follows: 

§ 180.351 Bifenox; tolerances for residues. 

Tolerances are established for resi¬ 
dues of the herbicide bifenox (methyl 
5 - (2,4 - dichlorophenoxy) - 2 - nitro- 
benzoate) in or on the following raw 
agricultural commodities: 

Parts 

per 

Commodity: million 

Barley, grain .. 0.05 

Barley, straw-—-......- .05 


Commodity: 

Corn, field 


Parts 

per 

million 

.05 

Com. fodder.. 


.05 

Com. forage.... 

Oats, grain. .. 

— 

.05 
. .05 

Oats, straw.... 


.05 

Rice, grain.... 


.05 

Rice, straw............ 


.05 

Sorghum, forage................. 


.05 

Sorghum, grain 

Soy beans. . .. 


.05 

.05 

Soybeans, forage.. 


.05 

Soybeans, hay____ 

Wheat, grain____ 

— 

.05 

.05 

Whoat straw. 


.05 

[FR Doc. 78-26090 Filed 9-15-78; 8:45 am] 


[6560-01] 

[PP 7F2000/R164; FRL 969-11 

PART 180—TOLERANCES AND EX- 
EMPTIONS FROM TOLERANCES 
FOR PESTICIDE CHEMICALS IN OR 
ON RAW AGRICULTURAL COM¬ 
MODITIES 

Oxamyl 

AGENCY: Office of Pesticide Pro¬ 
grams, Environmental Protection 
Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This rule establishes to¬ 
lerances for residues of the insecticide 
oxamyl on pineapples and pineapple 
hay. The request was submitted by 
E.I. du Pont de Nemours & Co., Inc. 
This regulation establishes maximum 
permissible levels for residues of 
oxamyl on pineapples and pineapple 
forage. 

EFFECTIVE DATE: September 18, 
1978. 

FOR FURTHER INFORMATION 
CONTACT: 

Mr. James Rea, Product Manager 
(PM) 12, Registration Division (TS- 
767), Office of Pesticide Programs, 
EPA. 401 M Street SW.. Washing¬ 
ton, D.C. 20460, 202-755-9315. 

SUPPLEMENTARY INFORMATION: 
On October 27, 1977, notice was given 
(42 FR 56643) that E.I. du Pont de Ne¬ 
mours & Co., Inc., Wilmington, Del. 
19898, had filed a pesticide petition 
(PP 7F2000) with the EPA. This peti¬ 
tion proposed that 40 CFR 180.303 be 
amended to establish tolerances for re¬ 
sidues of the insecticide oxamyl 
(methyl N\ N'-dimethyl-N- 

[methylcarbamoyDoxyl - 1 - thiooxa- 
mimidate) in or on the raw agricultur¬ 
al commodities pineapples at 1 part 
per million (ppm) and pineapple hay 
at 10 ppm. 

Subsequently, the petitioner amend¬ 
ed the petition by deleting the pro¬ 
posed tolerance of 10 ppm in or on 
pineapple hay and proposing a toler¬ 
ance of 10 ppm in or on pineapple 
forage. (A related document establish- 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 

















ing a feed additive regulation for resi¬ 
dues of oxamyl in pineapple bran ap¬ 
pears elsewhere in today's Federal 
Register.) No comments were received 
in response to this notice of filing. 

The data submitted in the petition 
and other relevant material have been 
evaluated. The toxicological data con¬ 
sidered in support of the proposed to¬ 
lerances included 2-year rat and dog 
feeding studies with no-observable- 
effect levels (NOEL) of 50 ppm and 
100 ppm, respectively; a three-genera¬ 
tion rat reproduction study with a 
NOEL of 50 ppm; and a rat teratogeni¬ 
city study, which was negative. Based 
on the 2-year chronic rat feeding 
study with a 50 ppm NOEL and using 
a safety factor of 100, the acceptable 
daily intake (ADI) for man is 0.025 
milligram (mg)/kilogram (kg) of body 
weight (bw)/day. The theoretical 
maximal residue contribution (TMRC) 
in the human diet from the previously 
established tolerances on celery at 3 
ppm, apples and tomatoes at 2 ppm, 
and potatoes at 0.1 ppm and from the 
proposed tolerances does not exceed 
the ADI. 

Desirable data that is lacking from 
the petition are a second oncogenicity 
study and additional mutagenicity 
studies. The mutagenicity studies will 
be requested when suitable test proto¬ 
cols have been determined. In a letter 
of April 28, 1978, the petitioner indi¬ 
cated that a second oncogenicity study 
was underway and Is expected to be 
completed in late 1980. The petitioner 
also agreed to voluntarily delete the 
use of oxamyl on pineapples from the 
label should the second oncogenicity 
study exceed the risk criteria for 
chronic toxicity in 40 CFR 162.11. Al¬ 
though the evaluation of the onco¬ 
genic potential of oxamyl is not com¬ 
plete, it is concluded that based on the 
available data, the risks are acceptable 
since the absence of an oncogenic po¬ 
tential is adequately ‘shown in the 2- 
year rat feeding study. 

The metabolism of oxamyl is ade¬ 
quately understood, and an adequate 
analytical method (gas chromato¬ 
graphy using a flame photometric de¬ 
tector) is available for enforcement 
purposes. No actions are currently 
pending against continued registration 
of oxamyl nor are there any other rel¬ 
evant considerations involved in estab¬ 
lishing the proposed tolerances. 

There is no reasonable expectation 
of residues in eggs, meat, mil k, or 
poultry as delineated in 40 CFR 
180.6(a)(3). The pesticide is considered 
useful for the purpose for which toler¬ 
ances are sought, and it is concluded 
that the tolerances of 1 ppm on pine¬ 
apples and 10 ppm on pineapple f orage 
established by amending 40 CFR 
180.303 will protect the public health. 


RULES AND REGULATIONS 

It is concluded, therefore, that the to¬ 
lerances be established as set forth 
below. 

Any person adversely affected by 
this regulation may, on or before Oc¬ 
tober 18, 1978, file written objections 
with the Hearing Clerk, EPA, Room 
M-3708, 401 M Street SW.. Washing¬ 
ton D.C. 20460. Such objections should 
be submitted and specify the provi¬ 
sions of the regulation deemed to be 
objectionable and the grounds for the 
objections. If a hearing is requested, 
the objections must state the issues 
for the hearing. A hearing will be 
granted if the objections are support¬ 
ed by the grounds legally sufficient to 
justify the relief sought. 

Effective on September 18, 1978, 
Part 180 is amended as set forth 
below. 

Dated: September 8, 1978. 

Edwin L. Johnson, 
Deputy Assistant Administrator 
for Pesticide Programs . 

(Sec. 408(d)(2) of the Federal Food, Drug, 
and Cosmetic Act [21 U.S.C. 346&(d)(2)].) 

Section 180.303 is amended by alpha¬ 
betically inserting pineapples at 1 ppm 
and pineapple forage at 10 ppm in the 
table to read as follows: 

§ 180.303 Oxamyl; tolerances for residues. 


• • • • • 

Parts 

per 

Commodity: million 

* # * • * 

Pineapples ___..__ 1 

Pineapples, forage...... 10 

• • • • • 


FR Doc. 78-26092 Filed 9-15-78; 8:45 am] 


[6560-01] 

[PP 6F1729/R169; FRL 969-3] 

PART 180—TOLERANCES AND EX¬ 
EMPTIONS FROM TOLERANCES 
FOR PESTICIDE CHEMICALS IN OR 
ON RAW AGRICULTURAL COM¬ 
MODITIES 

2-[[4-Chlorp-6-(ethylomlno)-f-triazin- 

2-yl]amino]-2-methylpropionitrile 

AGENCY: Office of Pesticide Pro¬ 
grams, Environmental Protection 
Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This rule establishes to¬ 
lerances for residues of the herbicide 
2- [ [ 4-chloro-6-( ethy lamino )-s-triazin-2- 
yllaminol-2-methylpropionitrile. The 
request was submitted by Shell 
Chemical Co. This regulation estab¬ 
lishes maximum permissible levels for 


41395 

residues of the herbicide on wheat 
grain and straw and green wheat 
forage. 

EFFECTIVE DATE: September 18, 
1978. 

FOR FURTHER INFORMATION 
CONTACT: 

Mr. Robert Taylor. Product Man¬ 
ager (PM) 25. Registration Division 
(TS-767), Office of Pesticide Pro¬ 
grams, EPA, 401 M Street SW., 
Washington, D.C., 202-426-2632. 

SUPPLEMENTARY INFORMATION: 
On July 14, 1978, the EPA published a 
notice of proposed rulemaking in the 
Federal Register (43 FR 30314) in re¬ 
sponse to a pesticide petition (PP 
6F1729) submitted to the Agency by 
Shell Chemical Co., Suite 200, 1025 
Connecticut Avenue NW., Washing¬ 
ton, D.C. 20036. This petition proposed 
that 40 CFR 180.307 be amended by 
the establishment of tolerances for re¬ 
sidues of the herbicide 2-[(4-chloro-6- 
(ethylamino) -s-triazin-2-yl]- amino]-2- 
methylpropionitrile in or on the raw 
agricultural commodities wheat grain 
and wheat straw and green wheat 
forage at 0.1 part per million (ppm). 
No comments or requests for referral 
to an advisory committee were re¬ 
ceived in response to this notice of 
proposed rulemaking. 

It has been concluded, therefore, 
that the proposed amendment to 40 
CFR 180.307 should be adopted with¬ 
out change, and it has been deter¬ 
mined that this regulation will protect 
public health. 

Any person adversely affected by 
this regulation may, on or before Oc¬ 
tober 18, 1978, file written objections 
with the Hearing Clerk, EPA, Rm. M- 
3708, 401 M Street SW., Washington, 
D.C. 20460. Such objections should be 
submitted and specify the provisions 
of the regulation deemed to be objec¬ 
tionable and the grounds for the ob¬ 
jections. If a hearing is requested, the 
objections must state the issues for 
the hearing. A hearing will be granted 
if the objections are supported by the 
grounds legally sufficient to justify 
the relief sought. 

Effective on September 18, 1978, 
Part 180, Subpart C, §180.307 is 
amended by adding tolerances for resi¬ 
dues of the subject herbicide on wheat 
grain and straw and green wheat 
forage at 0.1 ppm as set forth below. 

Dated: September 11,1978. 

Edwin L. Johnson, 
Deputy Assistant Administrator 
for Pesticide Programs. 

(Sec. 408(e) of the Federal Food, Drug, and 
Cosmetic Act [21 UJS.C. 346a(e)].). 

Part 180, subpart C, § 180.307 is re¬ 
vised in its entirety by editorially re¬ 
formatting the section into an alpha- 


FEDERAl REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 









41396 


RULES AND REGULATIONS 


betized columnar listing, deleting the 
term "negligible residue," and alpha¬ 
betically inserting tolerances of 0.1 
ppm in or on wheat grain, wheat 
straw, and green wheat forage, as fol¬ 
lows: 

§180.307 2-[[4<hloro-6- (ethylamino) -»- 
triazin-2-yl] amino)-2-niethylpropio- ni¬ 
trile; tolerances for residues. 

Tolerances are established for resi¬ 
dues of the herbicide 2-[[4-chloro-6- 
(ethylamino) -s-triazin-2-yllamino] -2- 
methylpropionitrile in or on the fol¬ 
lowing raw agricultural commodities: 

Parts 

per 


Commodity: million 

Com. fodder.— -...—... 0.2 

Com. forage....—.... .. .2 

Com. fresh (including sweet K+CWHR) .05 

Com. grain.—. a-... .05 

Cottonseed....~.. ——-05 

Sorghum, fodder.......... .— .05 

Sorghum, forage........—...—.05 

Sorghum, grain...—.. .05 

Wheat, forage (green ...I 

Wheat, grain .......................1 

Wheat, straw...—-- .1 


[FR Doc. 78-26089 Filed 9-15-78; 8:45 am] 


[6560-01] 

[PP 6F1783 Si 6F1823/R165; FRL 968-71 

PART 180—TOLERANCES AND EX- 
EMPTIONS FROM TOLERANCES 
FOR PESTICIDE CHEMICALS IN OR 
ON RAW AGRICULTURAL COM- 
MODITIES 

4- Ami no-6-( 1,1 -dimethy!ethyl)-3- 
(mathylfhio)-l ,2,4-triazln-5(4H)- 
ont 

AGENCY: Office of Pesticide Pro¬ 
grams, Environmental Protection 
Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This rule establishes to¬ 
lerances for residues of the herbicide 
4-amino-6-< 1.1-dime thy lethyl)-3- 
(me thy lthio)-1,2,4-triazln-5( 4//)-one. 
The amendment to the regulations 
was requested by Mobay Chemical 
Corp. This rule establishes maximum 
permissible levels for residues of the 
subject herbicide on lentils, lentil 
forage, lentil vine hay, peas, pea 
forage, peavine hay, and tomatoes. 

EFFECTIVE DATE: September 18, 
1978. 

FOR FURTHER INFORMATION 
CONTACT: 

Mr. Robert Taylor, Product Man¬ 
ager (PM) 25, Registration Division 
(TS-767), Office of Pesticide Pro¬ 
grams, EPA, 401 M Street SW., 
Washington, D.C. 20460, 202-426- 
2632. 


SUPPLEMENTARY INFORMATION: 
On June 30. 1978, the EPA published a 
notice of proposed rulemaking in the 
Federal Register (43 FR 28524) in re¬ 
sponse to pesticide petitions (PP 
6F1783 and 6F1823) submitted to the 
Agency by the Mobay Chemical Corp., 
Chemagro Agricultural Division, P.O. 
Box 4913, Hawthorne Road, Kansas 
City, Mo. 64120. 

PP 6F1783 proposed to amend 40 
CFR 180.332 by establishing a toler¬ 
ance for residues of the herbicide 4- 
amino-6-( l,l-dimethylethyl)-3- 
(methylthio)-l,2,4-triazin-5(4//)-one 
and its triazinone metabolites in or on 
the raw agricultural commodity toma¬ 
toes at 0.1 part per million (ppm). 

PP 6F1823 proposed to amend 40 
CFR 180.332 by establishing toler¬ 
ances for combined residues of the 
subject herbicide and its triazinone 
metabolites in or on the raw agricul¬ 
tural commodities lentils (dried), lentil 
vine hay. peas (dried) and peavine hay 
at 0.05 ppm; peas at 0.1 ppm; and pea 
forage and lentil forage at 0.5 ppm. No 
comments or requests for referral to 
an advisory committee were received 
in response to this notice of proposed 
rulemaking. (A related document es¬ 
tablishing tolerances for residues of 
the subject herbicide in dried tomato 
pomace appears elsewhere In today’s 
Federal Register.) 

It has been concluded, therefore, 
that the proposed amendment to 40 
CFR 180.332 should be adopted with¬ 
out change, and it has been deter¬ 
mined that this regulation will protect 
the public health. 

Any person adversely affected by 
this regulation may, on or before Oc¬ 
tober 18, 1978, file written objections 
with the Hearing Clerk, EPA. Room 
M-3708, 401 M Street SW., Washing¬ 
ton, D.C. 20460. Such objections 
should be submitted and specify the 
provisions of the regulation deemed to 
be objectionable and the grounds for 
the objections. If a hearing is request¬ 
ed, the objections must state the 
issues for the hearing. A hearing will 
be granted if the objections are sup¬ 
ported by the grounds legally suffi¬ 
cient to justify the relief sought. 

Effective on September 18, 1978, 
part 180, subpart C, § 180.332 is 
amended by alphabetically inserting 
tolerances in the table on lentil forage 
and pea forage at 0.5 ppm; peas and 
tomatoes at 0.1 ppm; lentils (dried), 
lentil vine hay, peas (dried), and pea¬ 
vine hay at 0.05 ppm as set forth 
below. 

Dated: September 11,1978. 

Edwin L. Johnson, 
Deputy Assistant Administra¬ 
tor for Pesticide Programs . 

(Sec. 408(e) of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 346a(e)).) 


Part 180, Subpart C, § 180.332 is 
amended by alphabetically inserting 
tolerances of 0.5 ppm on lentil forage 
and pea forage. 0.1 ppm on peas and 
tomatoes, and 0.05 ppm on lentils 
(dried); lentil vine hay, peas (dried), 
and pea vine hay in the list of com¬ 
modities to read as follows: 

§ 180.332 4-Amino-6-(U-dimethylethyl)-3- 
(mcthyIthio)-l,2,4-triazin-5(4H)-one; to¬ 
lerances for residues. 

• • • • • 

Parts 

per 

Commodity: million 

» • • • • 

Lentils (dried)...—. 0.05 

Lentils, forage ......— 5 

Lentils, vine hay.......-.05 

• • • • • 

Peas.....-.—. .1 

Peas (dried).......-.05 

Peas, forage... -5 

Peas, vine hay.....05 

• • • • • 

Tomatoes.1 

CFR Doc. 78-26094 Filed 9-15-78; 8:45 ami 


[4310-09] 

Title 43—Public Lands: Interior 

CHAPTER I—BUREAU OF RECLAMA¬ 
TION; DEPARTMENT OF THE INTE¬ 
RIOR 

PART 428—SALE OF REPLACEMENT 
FARM UNITS TO TETON FLOOD 
VICTIMS 

Reclamation Rules and Regulations 
for the Sale of Replacement Farm 
Units to Teton Flood Victims 

AGENCY: Bureau of Reclamation, In¬ 
terior. 

ACTION: Final rules. 

SUMMARY: On June 2. 1978, pro¬ 
posed rules for the sale of replacement 
farm units to Teton flood victims were 
published in the Federal Register (43 
FR 107). Interested persons were given 
until June 30, 1978, to submit written 
comments, suggestions, or objections. 
Full and careful consideration was 
given to all written comments and to 
the transcript of comments made at a 
public hearing held by the Bureau of 
Reclamation on June 22, 1978, in 
Sugar, Idaho. In view of these com¬ 
ments, the language of the proposed 
rules has been revised. The revised 
rules will permit two members of an 
immediate family who occupied, and 


FEDERAL REGISTER, VOL 43, NO. 181-MONDAY, SEPTEMBER 18, 1978 
























obtained the major part of their 
income from, the same damaged farm 
to each obtain an adjacent 160-acre re¬ 
placement unit thus raising the maxi¬ 
mum replacement farm size to 320 
acres. The requirements for financial 
information have been relaxed to 
permit the applicants to use signed es¬ 
timates or information provided in 
making earlier damage claims. A 
person who purchased other farm¬ 
lands since June 5, 1976, must report 
such purchase(s). He shall not be eligi¬ 
ble to purchase a replacement farm 
unit under these regulations, if 
through activities initiated since June 
5, 1976. he purchased a farm of like 
productivity to his damaged farm 
prior to the flood. The income produc¬ 
ing ability of the damaged lands has 
been changed to make eligibility easier 
to obtain. The performance guarantee 
is returnable to those unable to pur¬ 
chase a replacement farm through no 
fault of their own. For two qualifying 
members of the same immediate 
family residing on the same damaged 
farm and filing for adjacent replace¬ 
ment unit, only one performance guar¬ 
antee is required. 

A new clause (428.6(m» was added 
to reduce the possibility of speculation 
by prohibiting resale of these lands for 
a period of 3 years without the express 
approval of the Regional Director. An¬ 
other new section 428.7(b) was includ¬ 
ed to permit appeal of Commissioner 
decisions to the Office of Hearings and 
Appeals of the Secretary of the Interi¬ 
or’s Office. 

These regulations will determine the 
socioeconomic criteria pursuant to 
which the Secretary will determine eli¬ 
gibility for the purchase of lands in 
compliance with section 210(c) of Pub. 
L. 95-238. The Bureau has completed 
an environmental impact assessment 
concluding that the publication of 
final regulations will not produce a 
significant impact on the human envi¬ 
ronment. They are, however, continu¬ 
ing to assess the environmental impact 
on the actual disposal of the lands. 
The provisions of the National Envi¬ 
ronmental Policy Act of 1969 will be 
complied with prior to any such dis¬ 
posal. 

EFFECTIVE: September 18, 1978. 

ADDRESS: Bureau of Reclamation, 
Department of the Interior, 18th and 
C Streets NW., Washington, D.C. 
20240, Attention: Code 400. 

FOR FURTHER INFORMATION. 
CONTACT: 

Mr. L. David Williamson, Senior 

Staff Assistant for Land Resources 

Management, O. M. Policy Staff, 

Bureau of Reclamation, 202-343- 

5204. 

SUPPLEMENTAL INFORMATION: 
Reimbursement for losses and dam¬ 


RULES AND REGULATIONS 

ages to property as a result of the fail¬ 
ure of the Teton Dam on June 5, 1976, 
was provided for under the Teton Dam 
Disaster Assistance Act. Pub. L. 94-400 
(90 Stat. 1211), and rules and regula¬ 
tions published relating thereto. The 
Teton flood caused substantial losses 
of farm soils and productive capacity 
which is not economical to reclaim. 
While payment was made for such 
actual monetary loss, it is probable 
that some individuals will not be able 
to maintain an economically produc¬ 
tive farming enterprise to reestablish 
themselves in the farming business. 
The act of February 25, 1978, Pub. L. 
95-238, provides for the sale of lands 
formerly within the Idaho National 
Engineering Laboratory Reserve to 
such individuals. The acres available 
for purchase will allow the qualifying 
farmers to reestablish themselves in a 
farming enterprise and will also help 
to restore the economic and agricul¬ 
tural base of the flood-damaged 
region. 

There is a limited amount of land 
available for purchase together with a 
limit of 5 years in which purchases can 
be made. There is also a need to avoid 
checkerboarding of undisposed lands; 
therefore, the regulations provide for 
sales in sequence rather than by 
random selections. 

These regulations will determine the 
socio-economic criteria pursuant to 
which the Secretary will determine eli¬ 
gibility for the purchae of lands in 
compliance with section 210(c) of Pub. 
L. 95-238. We have concluded that the 
publication of these final regulations 
which determine eligibility for pur¬ 
chase of lands can be accomplished 
without further National Environmen¬ 
tal Policy Act compliance. We are, 
however, assessing the environmental 
impacts of the disposal of the subject 
lands..Prior to a decision on disposal 
of these lands, we will have completed 
our National Environmental Policy 
Act compliance. 

The regulations provide two sepa¬ 
rate filings by the qualifying farmers: 
First, a notice of prospective eligibil¬ 
ity; and second, a notice of intent to 
purchase. The notice of prospective 
eligibility is to be filed by individuals 
who believe they are qualifying farm¬ 
ers as defined in these regulations. 
This notice must be given on or before 
October 31, 1978, in order to receive 
consideration for participation in the 
land-sale program. The regulations re¬ 
quire that qualifying farmers file a 
notice of intent to purchase in suffi¬ 
cient time to allow for the administra¬ 
tive work to be done on surveys, ap¬ 
praisals, and drawings prior to the 
date of sale. 

It is also provided in the proposed 
regulations that where two members 
of the same immediate family residing 
on the same damaged farm are both 


41397 

eligible they can, to the extent deemed 
possible by the Secretary, select con¬ 
tiguous replacement farm units. They 
will also be required to post only one 
performance guarantee between them. 

Sales will be conducted at approxi¬ 
mately 6-month intervals until the ex¬ 
piration of the statutory period ending 
February 24, 1983, or until the dispos¬ 
al of all the available lands, whichever 
occurs first. 

The 5-year limit on sales provided in 
the act makes it necessary that the 
final date for filing a notice of intent 
to purchase occur no later than July 1, 
1982. Filings after that date will not be 
considered by the Secretary. 

Because of the time restrictions for 
publication of regulations to set forth 
the criteria for the determinations of 
eligibility provided in the act. the De¬ 
partment intends to act promptly. 

The primary authors of this docu¬ 
ment are Loyd Ericson, Chief, Lands 
Branch, Pacific Northwest Region, 
Bureau of Reclamation, Federal Build¬ 
ing and U.S. Courthouse. Box 043, 
Boise, Idaho, and Terence G. Cooper, 
Natural Resources Specialist. O. & M. 
Policy Staff. Bureau of Reclamation, 
18th and C Streets NW., Washington, 
D.C. 

Pursuant to the authority of the 
Secretary of the Interior contained in 
the Administrative Procedure Act (60 
Stat. 237) 5 U.S.C. 552. 553, and in the 
Act of February 25, 1978 (92 Stat. 76), 
42 U.S.C. 2011 et seq., a new Part 428 
of Title 43, Code of Federal Regula¬ 
tions, is hereby established to read as 
shown on the following pages: 

Dated: September 13, 1978. 

Daniel P. Beard, 
Deputy Assistant Secretary 
of the Interior. 

The rules for title 43, part 428, will 
read as follows: 

Sec. 

428.1 Purpose. 

428.2 Policy. 

428.3 Liability. 

428.4 Definitions. 

428.5 Eligibility. 

428.6 Sale of replacement farm units. 

428.7 Decisions and appeals. 

Authority: 42 US.C. 2011, Pub. L. 95-238, 
sec. 210, February 25. 1978. 

§ 428.1 Purpose. 

The purpose of these rules is to pro¬ 
vide for the sale of economic farm 
units to qualifying farmers whose land 
is economically infeasible to reclaim 
from damages resulting from the 
Teton flood of June 5, 1976, and who 
are unable to find suitable replace¬ 
ment land for their flood-damaged 
farms, and to restore the economic 
and agricultural base of the flood- 
damaged region, as authorized by the 
act of February 25. 1978 (92 Stat. 76). 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 






41398 

§428.2 Policy. 

(a) The policy of the Department 
shah be to provide for the expeditious 
and orderly sale of public lands under 
the provisions of the act of February 
25. 1978 (92 Stat. 76). 

(b) The possibility exists that not ah 
of the lands set aside by Congress will 
be required; therefore, it is the policy 
of the Department to dispose of the 
lands in adjacent blocks to the extent 
feasible. To accomplish this objective, 
replacement farm units will be made 
available for purchase by qualifying 
farmers on a sequential basis, rather 
than on a random selection basis. 
When two members of a single family 
exercise their rights to purchase at a 
single drawing, to the extent possible, 
they will be allowed to purchase con¬ 
tiguous farm units. 

§ 428.3 Liability. 

Neither the promulgation of these 
regulations nor the rights arising 
under them constitute any admission 
of liability by the United States. No 
provision of these regulations shall be 
construed as providing or creating a 
right of action against the United 
States, its agents, or employees, nor 
shall these regulations be construed as 
waiving or extending any applicable 
statute of limitations or any other re¬ 
quirement prerequisite to any such 
right of action in connection with the 
Teton flood of June 5, 1976. 

§ 428.4 Definitions. 

(a) "Secretary" means the Secretary 
of the Interior or his duly authorized 
representative. 

(b) "Regional Director" means the 
Regional Director of the Pacific 
Northwest region of the Bureau of 
Reclamation. 

(c) "Teton flood" means the flood 
resulting from the collapse of the 
Teton Dam of the lower Teton division 
of the Teton basin Federal reclama¬ 
tion project on June 5, 1976. 

(d) "Damaged farm" means an agri¬ 
cultural enterprise which, in the opin¬ 
ion of the Secretary of the Interior, 
produced sufficient income immediate¬ 
ly prior to June 5. 1976, to support a 
farmer, and which is not economically 
feasible to reclaim so that it produces 
an income equal to that earned prior 
to the Teton flood because of damages 
resulting directly from the Teton 
flood. 

(e) "Replacement farm unit" means 
a quarter section tract of land or the 
approximate equivalent thereof con¬ 
taining approximately one hundred 
sixty (160) acres, of which at least 85 
percent is certified as arable (capable 
of sustaining continuous successful Ir¬ 
rigation farming with the application 
of water to the land) by the Secretary 
of the Interior. The replacement farm 
units shall be established by the Secre¬ 


RUIES AND REGULATIONS 

tary from lands made available for 
that purpose within sections 14, 23, 24, 
25, and 36, township 6 north, range 33 
east; sections 19, 30, and 31, township 
6 north, range 34 east, and the south¬ 
east quarter (SEy«), the south half of 
the northeast quarter (SV^NE^i). the 
east half of the southwest quarter 
(EVfeSW l /«), and the southeast quarter 
of the northwest quarter CSEV^NWVfc), 
all in section 8, and the south half of 
the north half (SV4NV4) of section 9, 
all in township 5 north, range 34 east; 
Boise meridian, Jefferson County, 
Idaho. 

(f) "Qualifying farmer" means an 
owner-operator of a damaged farm 
who, on June 5, 1976, resided on or in 
the immediate locality of the damaged 
farm, and a substantial portion of 
whose livelihood was derived from his 
farming operation of the damaged 
farm prior to the Teton flood, and 
who is otherwise qualified under the 
terms of these regulations to purchase 
a replacement farm unit. 

(g) "Resident" means an individual 
whose principal place of residence 
during the farming season for 1 year 
immediately prior to the Teton flood 
was within the counties of Fremont, 
Teton, Madison, Jefferson, Bonneville. 
Bingham, or Bannock in the State of 
Idaho. 

(h) "Owner" means an individual, 
partnership, or corporation vested 
with title to a damaged farm on June 
5, 1976, to the extent that all land par¬ 
cels comprising the damaged farm 
share the same title and are all used as 
a single agricultural enterprise. When 
two members of the same immediate 
family occupy the damaged farm as 
joint tenants, tenants-in-common. ten¬ 
ants, by the entirety, or as owner oper¬ 
ator-lessor where both receive primary 
income from the farm as in (f), then 
both shall be considered an owner. 

<i) "Operator" means an individual 
who makes the day-to-day decisions 
and directs day-to-day farming activi¬ 
ties. including giving directions to any 
employee of the operator. Lessors of 
farms shall not be considered opera¬ 
tors for the purposes of these regula¬ 
tions, unless the lessor meets the re¬ 
quirements of (h) above. 

(j) "Immediate family" means hus¬ 
band, wife, son, daughter, father, 
mother. 

§428.5 Eligibility. 

(a) In order to qualify for considera¬ 
tion for purchase of a replacement 
farm unit under these regulations, 
each prospective qualifying farmer 
must notify the Secretary of his pro¬ 
spective eligibility as a qualifying 
farmer as defined in these regulations 
on or before October 31, 1978. Failure 
to notify the Secretary on or before 
October 31, 1978, shall disqualify the 
applicant from any further considera¬ 


tion for purchase of a replacement 
farm unit. Notice must be delivered to 
the Regional Director. U.S. Bureau of 
Reclamation. Federal Building and 
U.S. Courthouse. Box 043, 550 West 
Fort Street. Boise, Idaho 83274, or 
must be postmarked to this address, 
on or before October 31. 1978. Where 
two members of the same immediate 
family occupying or receiving primary 
income from the same damaged farm 
are both applying under § 428.4(h), It 
should be so noted on each applica¬ 
tion. Only one performance bond will 
be required of the two immediate 
family members who occupied the 
same damaged farm when filing for 
adjacent replacement units. Each no¬ 
tice of prospective eligibility must pro¬ 
vide the following Information: 

(1) The full name of each individual 
seeking to be determined eligible as a 
qualifying farmer, or the name of each 
partnership together with the name of 
each partner, or the name of the cor¬ 
poration seeking eligibility. 

(2) The legal description of the dam¬ 
aged farm. 

(3) The owner of the damaged farm 
on the date of the Teton flood. 

(4) An estimate of the applicant’s 
total net taxable income for the tax 
year prior to the Teton flood, together 
with a statement of the portion of 
such net taxable income derived from 
his operation of the damaged farm 
during that period. Federal tax rec¬ 
ords are preferred, but are not neces¬ 
sary; a signed statement giving the ap¬ 
plicants estimate is sufficient. Records 
used in filing for a damage compensa¬ 
tion claim following the flood are suf¬ 
ficient. 

(5) A statement describing the 
nature and extent of the land damage 
loss sustained on the damaged farm, 
including the number of acres com¬ 
pletely lost which cannot be economi¬ 
cally reclaimed for agricultural pur¬ 
poses. 

(6) The date and amount of each de¬ 
termination of flood damage pertain¬ 
ing to the damaged farm made by the 
authorized officer of the Department 
of the Interior under the laws and reg¬ 
ulations pertaining specifically to the 
Teton flood (43 CFR Part 419 (1977)). 

(7) A report on all farmlands pur¬ 
chased, or contracts, or options insti¬ 
gated for the purchase of farmland by 
the applicant since June 5. 1976. 

(8) A statement of the operating pro¬ 
cedures and responsibilities of the ap¬ 
plicant in connection with a damaged 
farm during the 42 months preceding 
June 5, 1976, including a report on any 
leases or other agreements, oral or 
written, providing for use of the lands 
by others, in whole or in part, for rent 
or for sharing of crops or income from 
the production of the damaged farm. 


FEDERAL REGISTER, VOL 41, MO. 181—MONDAY, SEPTEMBER 18, 1978 




(9) A statement of the applicant’s 
residence for the 12 months immedi¬ 
ately preceding June 5. 1976. 

(b) In order to be determined eligi¬ 
ble, the applicant’s damaged farm 
must have suffered an economically 
nonreclalmable land loss to the extent 
that, if reclaimed, it could provide 
only fifty percent (50%) or less of its 
potential income-producing capacity 
prior to the flood; or the damaged 
farm must have sustained a complete 
loss of at least fifty-five (55) acres of 
land. 

(c) In order to be eligible as a quali¬ 
fying farmer, the owner-operator must 
have derived more than forty percent 
(40%) of his net taxable income from 
the operation of the damaged farm 
during the tax year preceding the 
Teton flood and must have been 
unable to purchase a farm of compara¬ 
ble productivity since the Teton flood. 
Persons who purchased other farm¬ 
lands since June 5, 1976, must report 
such purchase, including the date on 
which the action was initiated, and 
shall not be eligible to purchase a re¬ 
placement farm unit under these regu¬ 
lations if through activities initiated 
since June 5, 1976, he purchased a 
farm of like productivity to his dam¬ 
aged farm prior to the flood. 

(d) The Secretary, acting through 
the Regional Director, shall make a 
preliminary determination of qualify¬ 
ing farmers based upon the notices of 
eligibility filed pursuant to section 
428.5(a). Each applicant shall be given 
written notice by December 1, 1978, of 
the preliminary determination made 
concerning his eligibility status. 

(e) A final determination of eligibil¬ 
ity as a qualifying farmer shall be 
made by the Secretary, acting through 
the Regional Director, on the basis of 
documentary evidence submitted by 
the applicant. The accumulation of 
data to provide evidence or proof of 
eligibility shall be the sole responsibil¬ 
ity of the applicant. Such evidence 
must be submitted to: Regional Direc¬ 
tor, U.S. Bureau of Reclamation, Fed¬ 
eral Building and U.S. Courthouse, 
Box 043, 550 West Fort Street, Boise, 
Idaho 83724. A final notice of eligibil¬ 
ity, or lack thereof, will be given by 
written notice prior to January 15. 
1979. 

(f) The evidence submitted by the 
applicant, together with any other evi¬ 
dence available, shall be examined to 
determine its sufficiency, authenticity, 
and reliability in determining the eligi¬ 
bility of the applicant. If the examina¬ 
tion of the evidence indicates that the 
applicant is a qualifying farmer, the 
applicant shall be notified by certified 
mail that he is a qualifying farmer. 

(g) If the applicant fails to supply 
any of the information required, or if 
the applicant's qualifications do not 
meet the requirements of these regular 


RULES AND REGULATIONS 

tions, the applicant shall not be quali¬ 
fied to purchase a replacement farm 
unit. The applicant shall be notified of 
such disqualification, whether condi¬ 
tional or complete, and the reasons 
therefore and of the right of appeal. 

§ 428.6 Sale of replacement of farm units. 

(a) Replacement farm units shall be 
made available for purchase by quali¬ 
fying farmers approximately every 6 
months starting in February 1979 and 
ending in July 1982: Provided, howev¬ 
er, That sales will be limited to the 
land made available for this program 
pursuant to the act of February 25, 
1978 (92 Stat. 76) and described in 
§428.4(e) hereof. The Secretary shall 
notify all qualifying farmers, in writ¬ 
ing, of the date the first replacement 
farm units will be offered for sale and 
will also give notice of the closing date 
on which the qualifying farmer may 
file an intent to purchase a replace¬ 
ment farm unit from those offered for 
sale during the initial sale period. No 
subsequent notice will be provided; 
however, each qualifying farmer may 
file an intent to purchase at any time 
after the initial sale provided that no 
filings may be made after July 1, 1982. 

(b) To participate in the sale pro¬ 
gram for any period, the qualifying 
farmer must file a notice of intent to 
purchase with the Regional Director, 
at the address provided in § 428.5(a) 
hereof. All such notices of intent to 
purchase filed after the closing date of 
the initial sale shall be accumulated as 
of January 1 and July 1 of each year 
to determine the number of replace¬ 
ment farm units to be sold to qualify¬ 
ing farmers at the next sale: Provided, 
however. That the availability of land 
for replacement farm units will be lim¬ 
ited to the area authorized for sale 
under this program as indicated in 
5428.4(e) hereof. The available lands 
will, to the extent possible, be sold in 
quarter section units of approximately 
160 acres to qualifying farmers accord¬ 
ing to their priority standing for pur¬ 
chase of replacement farm units as es¬ 
tablished in subparagraphs (c) and (d) 
below. 

(c) The Secretary, acting through 
the Regional Director, shall, on or 
about February I and August 1 of 
each year, starting in 1979 and ending 
in 1982, conduct public drawings of 
the names of those finally determined 
to be qualifying farmers who have 
filed a notice of intent to purchase. 

(d) The names of the qualifying 
farmers shall be drawn and numbered 
in the order drawn for the purpose of 
establishing priority in the order in 
which the replacement farm units 
may be purchased by qualifying farm¬ 
ers. 

(e) Each notice of intent to purchase 
filed by a qualifying farmer shall be 
accompanied by a certified check in 


41399 

the amount of $1,000 payable to the 
Bureau of Reclamation. The check 
shall constitute a performance guaran¬ 
tee by the qualifying farmer. No 
intent to purchase can be submitted 
until notice of final determination of 
eligibility has been issued. If the quali¬ 
fying farmer fails to enter into a pur¬ 
chase agreement with the United 
States for a replacement farm unit of¬ 
fered by the Regional Director, .or, 
having entered into a purchase agree¬ 
ment-fails to complete the purchase, 
the performance guarantee will be for¬ 
feited to the United States as liquidat¬ 
ed damages. If the qualifying farmer 
enters into a purchase agreement and 
completes the terms of the agreement, 
the performance guarantee fee will be 
applied to the purchase price of the 
replacement farm unit. Should the ap¬ 
plicant not be selected as a qualifying 
farmer, or should land not be available 
for purchase, or he is unable to pur¬ 
chase through no fault of his own, his 
performance guarantee fee shall be re¬ 
turned. 

(f) Where two members of an imme¬ 
diate family are each entitled as quali¬ 
fying farmers at the drawing, their 
drawing shall be for only one number 
which shall allow them consecutive 
order purchases of replacement farm 
units. They are required to submit 
only one performance guarantee. 
Qualifying farmers need not be pres¬ 
ent at the drawings to participate 
therein. 

(g) After the drawing, the Regional 
Director will notify, in writing, each 
qualifying farmer of his respective pri¬ 
ority. The qualifying farmers may, to 
the extent that lands are available, 
successively exercise their rights to 
purchase replacement farm units in 
accordance with the purchase-right 
priority established by the drawing. 

(h) All available replacement farm 
units will be assigned numbers by the 
United States and must be purchased 
in sequence by qualifying farmers in 
accordance with the purchase-right 
priority established by the drawings. 
The lower numbered units will be sold 
first, and no replacement unit will be 
sold until all units having a lower 
number have been purchased. 

(i) If a qualifying farmer fails within 
10 calendar days after receipt of his 
notification to enter into a purchase 
contract for the unit offered to him at 
the time of his eligibility, the replace¬ 
ment farm unit will be offered to the 
next qualifying farmer who has not 
made a purchase at the time the unit 
is available. A qualifying farmer who 
fails to purchase an offered unit shall 
forfeit his opportunity to participate 
in the sale for that period and shall 
also forfeit his performance guarantee 
required under 5 428.6(e). Qualifying 
farmers who forfeit their rights to 
purchase through their own actions 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 






41400 

may Hie a subsequent notice of intent 
to purchase for later sales, but must 
meet all the requirements of the new 
filing, including the payment of an¬ 
other performance guarantee; howev¬ 
er, only one performance guarantee 
will apply toward the purchase price, 
the other will cover the Governments 
administrative costs. 

(j) The consideration to be paid by 
the qualifying farmer for a replace¬ 
ment farm unit shall be the current 
fair market value of the unit on the 
basis of an appraisal approved by the 
Regional Director on behalf of the 
Secretary. An appraisal approved not 
more than 6 months prior to the offer¬ 
ing of the farm units for sale shall be 
considered adequate to determine the 
current fair market value of the unit. 

(k) The fair market value of replace¬ 
ment farm units shall be determined 
by a board of three appraisers com¬ 
posed of one appraiser designated by 
the Secretary, one designated by the 
State of Idaho, and one selected from 
the Teton flood disaster area by the 
designated State and Federal apprais¬ 
ers. 

Cl) The Secretary, acting through 
the Regional Director, shall sell and 
convey, by quitclaim deed, fee title to 
replacement farm units to qualifying 
farmers, subject to the completion of 
NEPA compliance and to the norpial 
reservations included in patents issued 
for other public lands disposed of in 
the area, including, but not limited to, 
the reservations of easements for 
public roads along exterior boundaries 
and other environmental aspects of 
such replacement farm units as deter¬ 
mined to be desirable by the Secre¬ 
tary. 

(m) Replacement farms purchased 
under these rules shall not be resold 
for a period of 3 years following the 
date of sale without express approval 
of the Regional Director. Permission 
shall only be granted for extreme ex¬ 
tenuating circumstances where failure 
to sell would work permanent extreme 
hardship on the seller. 

§ 428.7 Decisions and appeals. 

(a) The Regional Director, acting as 
designee of the Secretary, shall make 
the determinations required under 
these rules and regulations. A party 
directly affected by such determina¬ 
tion may appeal in writing to the Com¬ 
missioner of the Bureau of Reclama¬ 
tion within 30 days of receipt of the 
Regional Directors determination. 
The affected party shall have an addi¬ 
tional 30 days thereafter within which 
to submit a supporting brief or memo¬ 
randum to the Commissioner. The Re¬ 
gional Director s determination will be 
held in abeyance until the Commis¬ 
sioner has reviewed the matter and 
rendered a decision. 


RULES AND REGULATIONS 

(b) Any party to a case adversely af¬ 
fected by a final decision of the Com¬ 
missioner of the Bureau of Reclama¬ 
tion under this part shall have a right 
of appeal to the Director, Office of 
Hearings and Appeals, Office of the 
Secretary, in accord ance with proce¬ 
dures provided In 43 CFR Part 4, Sub¬ 
part G. 

Pertinent addresses are shown 
below: 

Commissioner. Bureau of Reclamation. De¬ 
partment. of the Interior. 18th and C 

Streets NW.. Washington. D.C. 20240. 
Regional Director. Bureau of Reclamation. 

Federal Building and U.S. Courthouse. 

Box 043. 550 West Fort Street. Boise. 

Idaho 83724. 

fFR Doc. 78-26246 Filed 8-15-78; 8:45 am) 


[6712-01] 

Title 47—Telecommunication 

CHAPTER I—FEDERAL 
COMMUNICATIONS COMMISSION 

tBC Docket No. 78-46; RM- 29041 

PART 73—RADIO BROADCAST 
SERVICES 

Television Broadcast Stations in 
Hatch and Silver City, N. Mex^ 
Changes Mode in Table of Assign¬ 
ments 

AGENCY: Federal Communications 
Commission. 

ACTION: Report and order. 

SUMMARY: This action deletes the 
noncommercial educational reserva¬ 
tion on VHF TV channel * *10 at Silver 
City to reflect its current use by a 
commercial TV translator station and 
to provide a second comme rcial TV 
channel there. In addition. VHF TV 
channel *12 was reassigned from 
Hatch, N. Mex., to Silver City to pro¬ 
vide for a noncommercial educational 
TV service to Silver City and to the 
southwestern portion of New Mexico. 

EFFECTIVE DATE: October 23, 1978. 

ADDRESS: Federal Communications 
Commission, Washington, D.C. 20554. 

FOR FURTHER INFORMATION 
CONTACT. 

Mark N. Upp, Broadcast Bureau. 
202-632-7792. 

SUPPLEMENTARY INFORMATION: 

In the matter of amendment of 
§ 73.606(b), Table of Assignments, 
Television Broadcast Stations (Hatch 
and Silver City, N. Mex.). Report and 
order (proceeding terminated). 

Adopted; September 8, 1978. 

Released: September 12. 1978. 


By the Chief. Broadcast Bureau: 

1. The Commission has before it the 
notice of proposed rulemaking, 43 FR 
6636, February 15, 1978, adopted Feb¬ 
ruary 3, 1978, proposing to d elete the 
educational reservation of VHF TV 
channel *10 at Silver City, N. Mex., 
and to reassign VHF TV channel *12 
from Hatch, N. Mex., to Silver City 
(retaining the reservation for noncom¬ 
mercial educational use). Comments 
were received from Hubbard Broad¬ 
casting, Inc., proponent for these 
channel changes with an attached 
letter from the Governor’s Commis¬ 
sion on Public Broadcasting. 

2. Silver City (pop. 8,557) ! is the seat 
of Grant County (pop. 22,030) in 
southwest New Mexico. It has two 
VHF TV channel assignments, chan¬ 
nels 6 and *10 (both have 100-watt 
commercial translator stations). Hatch 
(pop. 867) is located in Dona Ana 
County (pop. 69.773), approximately 
105 kilometers <65 miles) east of Silver 
City. Its only TV channel assignment, 
channel *12, is unoccupied. It receives 
noncommercial educational service 
from station KRWG-TV, channel *22, 
Las Cruces, N. Mex., licensed to New 
Mexico State University. 

3. Hubbard Broadcasting. Inc., oper¬ 
ates a commercial translator TV sta¬ 
tion on channel *10 in Silver City. 2 
Pursuant to its'request, the notice pro¬ 
posed that the reservation for that 
channel be deleted so as to reflect its 
present use. It also proposed to reas¬ 
sign channel *12 from Hatch (where it 
is unoccupied and unapplied for) to 
Silver City to provide a frequency for 
the expressed interest of the Gover¬ 
nor’s Commission on Public Broadcast¬ 
ing to operate a noncommercial educa¬ 
tional TV translator station at Silver 
City. The comments of Hubbard 
Broadcasting, Inc. and the Governor’s 
Commission on Public Broadcasting 
support the Commission's proposed 
action. 

4. The Commission finds that the 
proposed changes are in the public in¬ 
terest and should be adopted. Deletion 
of the reservation on channel 10, 
Silver City, would reflect its present 
use and would provide a second com¬ 
mercial channel for the community. 
The assignment of channel 12 to 
Silver City with its reservation for 
noncommercial educational use would 
extend such TV service to Silver City 
and the southwestern portion of the 
State. No interest in continuation of 
the educational assignment at Hatch 
has been expressed by any educational 
or public broadcasting authority. 

5. Mexican concurrence in these 
channel changes has been obtained. 


‘Population figures are taken from the 
1970 U.S. census. 

*The translator station K10KF retrans¬ 
mits the programing of station KOB-TV. 
channel 4. Albuquerque. N. Mex., also li¬ 
censed to Hubbard Broadcasting. Inc. 


FEDERAL REGISTER, VOL. 43, NO. 181—MONDAY, SEPTEMBER IB, 1978 


i 









6. Accordingly, it is ordered. That 
pursuant to sections 4(i), 5(d)(1), 303 
(g) and (r), and 307(b) of the Commu¬ 
nications Act of 1934, as amended, and 
§0.281 of the Commission’s rules, the 
TV table of assignments, § 73.606(b) of 
the Commission’s rules is amended, ef¬ 
fective October 23, 1978, for the fol¬ 
lowing cities: 


City Channel No. 

Hatch. N. Mex...... 

Silver City. N. Mex... 6.10 + .M2 


7. It is further ordered. That this 
proceeding is terminated. 

Federal Communications 
Commission, 

Wallace E. Johnson, 

Chief, Broadcast Bureau. 

[FR Doc. 78-2617 Filed 9-15-78; 8:45 am] 


[6712-01] 


[Docket No. 20539] 


PART 74—EXPERIMENTAL, AUXIL¬ 
IARY, AND SPECIAL BROADCAST, 
AND OTHER PROGRAM DISTRIBU¬ 
TIONAL SERVICES 

Reregulation of Radio and Television 
Broadcasting; Correction 

AGENCY: Federal Communications 
Commission. 

ACTION: Final rule; correction. 

SUMMARY: This document makes an 
editorial amendment to a final rule 
published at 43 FR 14660, April 7, 
1978, to include provisions relating to 
TV translator relay stations which 
were inadvertently omitted. 

EFFECTIVE DATE: April 14, 1978. 

ADDRESS: Federal Communications 
Commission, Washington, D.C. 20554. 

FOR FURTHER INFORMATION 
CONTACT: 

John W. Reiser, Broadcast Bureau, 
202-632-9660. 

SUPPLEMENTARY INFORMATION: 
Released: September 11,1978. 

In the matter of amendment of sub¬ 
parts F and G of part 74 and subpart 
B of part 78 to provide for the use of 
FM microwave by television translator 
relay stations, and to provide for the 
operation of television translator sta¬ 
tions using modulation of direct video 
and audio feed. Amendment of sub¬ 
part F, part 74 (television auxiliary 


RULES AND REGULATIONS 

broadcast stations) of the Commis¬ 
sion’s rules and regulations. 

1. On December 8, 1977, the Com¬ 
mission adopted a report and order 
terminating the proceeding in docket 
No. 20539 (43 FR 1943, Jan. 13, 1978), 
by which the use of certain TV auxil¬ 
iary microwave facilities were made 
available for use with TV translator 
broadcast stations. By that proceed¬ 
ing, paragraph (a) of § 74.602 was 
amended to include TV translator 
relay stations under the eligibility re¬ 
quirements for auxiliary microwave 
frequencies. A subsequent order adopt¬ 
ed March 28. 1978 (43 FR 14660, Apr. 
7. 1978), making editorial revisions in 
the same rule section inadvertently de¬ 
leted the amendments made in Decem¬ 
ber 1977. Therefore, the introduction 
of paragraph (a) of §74.602 of the 
Commission’s rules and regulations 
should be corrected to read: 

§ 74.602 Frequency assignment 

(a) The following frequencies are 
available for assignment to television 
pickup, television STL, television in¬ 
tercity relay, and television translator 
relay station: 

» * • • • 

Federal Communications 
Commission, 

William J. Tricarico, 

Secretary . 

[FR Doc. 78-26099 Filed 9-15-78; 8:45 am] 


[4910-60] 

Title 49—Transportation 

CHAPTER I—MATERIALS TRANSPOR¬ 
TATION BUREAU, RESEARCH AND 
SPECIAL PROGRAMS ADMINISTRA¬ 
TION, DEPARTMENT OF TRANS¬ 
PORTATION 

[Docket No. HM-110; Arndt. No. 177-42] 

PART 177—CARRIAGE BY PUBLIC 
HIGHWAY 

Repair and Maintenance of Vehicles 

AGENCY: Materials Transportation 
Bureau, Research and Special Pro¬ 
grams Administration, DOT. 

ACTION: Final rule. 

SUMMARY: This amendment to the 
DOT hazardous materials regulations 
modifies existing requirements on per¬ 
forming repairs or maintenance to a 
motor vehicle containing hazardous 
materials. Modification is necessary to 
allow repair of such a vehicle when it 
can safely be performed inside a build¬ 
ing. The modification prohibits hot 
work on the cargo or fuel containment 
systems of the vehicle if the vehicle is 
required to be placarded but permits 


41401 

repair and maintenance on the vehicle 
inside a building under specified condi¬ 
tions. An exception is provided for any 
vehicle containing combustible liquids. 

EFFECTIVE DATE: January 1, 1979. 

FOR FURTHER INFORMATION 
CONTACT: 

Alan I. Roberts, Associate Director 
for Hazardous Materials Regulation, 
Materials Transportation Bureau, 
2100 Second Street SW., Washing¬ 
ton. D.C. 20590, phone 202-426-0656. 

SUPPLEMENTARY INFORMATION: 

L Previous Notices and Amendments 
in This Docket 

On August 27, 1973 (38 FR 22901), 
the Department of Transportation 
(DOT) published a notice that, among 
other things, proposed to modify an 
existing requirement (49 CFR 
177.854(g)) which prohibited repair 
and maintenance work on vehicles 
containing hazardous materials inside 
a building, or whenever that work 
could not be performed without 
hazard. The notice was prompted by a 
rulemaking petition from a motor car¬ 
rier who observed that the existing re¬ 
quirement prohibited minor but im¬ 
portant repairs, such as brake adjust¬ 
ments and tire and lamp replacement, 
from being performed indoors on vehi¬ 
cles carrying hazardous materials. The 
carrier asserted that such minor repair 
work could be performed safely in¬ 
doors. The notice resulted in an 
amendment (39 FR 41741, Dec. 2, 
1974) with a 6-month delay in effective 
date. The effective date was extended 
another 6 months (40 FR 12269, Mar. 
18, 1975) during which time the origi¬ 
nal proposal was modified (40 FR 
21485, May 16, 1975) and then the 
modification withdrawn (40 FR 44842, 
Sept. 30, 1975). The effective date was 
again extended until July 1, 1976 (40 
FR 44821, Sept. 30. 1975). Finally, 
§ 177.854(g) as it originally read was 
confirmed until further amendment 
(41 FR 27968, July 8, 1976). On Octo¬ 
ber 12, 1976 (41 FR 44712), a new 
notice w*as published upon which this 
amendment is based. 

II. Purpose of This Amendment 

This amendment is intended to 
reduce the possibility of an accident 
involving significant quantities of haz¬ 
ardous materials as a result of mainte¬ 
nance or repair work on the motor ve¬ 
hicle in which the materials are con¬ 
tained. Commenters have suggested 
that a complete examination of the 
work area might be necessary to con- 
t rol p ossible sources of accidents. The 
MTB agrees and has prescribed only 
general conditions in this amendment 
to deal with hazards arising from the 
materials a cargo vehicle may carry, 
and with conditions that threaten the 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 










41402 

Integrity of the system on the vehicle 
that contains the materials. This 
amendment does not exhaustively ad¬ 
dress conditions in the work area. Be¬ 
cause of the variety of possible circum¬ 
stances involved, reliance must be 
placed on existing local, State, and 
Federal laws concerning motor vehicle 
repair work, and on the sound judg¬ 
ment and experience of those persons 
performing the work. 

Paragraph (gXl) of this amendment 
prohibits hot work on the cargo or 
fuel containment system of a vehicle 
carrying a sufficient quantity of a haz¬ 
ardous material to necessitate placard¬ 
ing. Vehicles carrying combustible liq¬ 
uids are excluded from this prohibi¬ 
tion. 

Under paragraph (g)(2) of the 
amendment, repair or maintenance 
inside a building on any placarded ve¬ 
hicle, except one placarded COMBUS¬ 
TIBLE, is prohibited unless the cargo 
and fuel containment systems are free 
from leaks, the vehicle can be quickly 
removed from the enclosed area if nec¬ 
essary in an emergency, and the vehi¬ 
cle is removed from the enclosed area 
upon completion of repair or mainte¬ 
nance work. Both a person capable of 
operating the vehicle, and a means of 
moving the vehicle (in the event the 
vehicle cannot or should not be moved 
under its own power) must be availa¬ 
ble if removing the vehicle becomes 
necessary in an emergency. Conditions 
under which the vehicle should be re¬ 
moved, and the location to which it 
should be removed, are not prescribed 
in the amendment. Those conditions, 
which may vary, are left to be deter¬ 
mined by the carrier or repair facility. 
In some circumstances it may be advis¬ 
able not to attempt to remove the ve¬ 
hicle until further precautions are 
taken. To preclude the potential dan¬ 
gers that may develop, the vehicle 
must be removed from the enclosed 
area upon completion of repair or 
maintenance work. This condition was 
proposed in the notice of proposed ru¬ 
lemaking and generated very few com¬ 
ments because from a practical safety 
standpoint it appears to be followed by 
motor carrier shops and repair facili¬ 
ties. 

In addition to these three restric¬ 
tions on inside repair to a placarded 
vehicle, two more conditions apply if 
the vehicle contains explosives A or B 
(any quantity of which necessitates 
placarding) or contains a flammable 
liquid or flammable gas (note that 
cargo tanks and portable tanks con¬ 
taining even residues of these materi¬ 
als necessitate placarding unless 
cleaned and purged). The MTB recog¬ 
nizes that hazardous materials other 
than those prescribed in paragraph 
(g)(2)(iv) may pose fire hazards. 

Such hazards are commensurate 
with hazards posed by the presence of 


RULES AND REGULATIONS 

gasoline as motor fuel in vehicles sub¬ 
ject to customary repair practices. 
However, although it may be common 
repair practice to allow some ignition 
sources near a vehicle being repaired 
in an enclosed area, the additional and 
potentially much more extensive haz¬ 
ards, and accident consequences, in¬ 
volving explosives or significant quan¬ 
tities of flammable liquids or flamma¬ 
ble gases warrant special precautions. 
Consequently, a placarded vehicle con¬ 
taining those materials may be re¬ 
paired inside a building only if ignition 
sources are eliminated. The method 
used to eliminate ignition sources is 
not prescribed in the amendment but 
is left to the sound judgment of the 
repair facility, subject to applicable 
local. State, and Federal laws concern¬ 
ing those facilities. 

Some of the differences between this 
amendment and the notice proposed 
on October 16, 1976, should be reiter¬ 
ated. 

1. The proposed prohibition against 
use of heat, flame or spark outdoors 
within 100 feet of a vehicle containing 
certain hazardous materials has been 
dropped in favor of a general prohibi¬ 
tion on the use of heat, flame, or 
spark on the cargo or fuel contain¬ 
ment system of a placarded vehicle. 
Judgment on the safe use of welding 
equipment, outside of a building, on 
other components of a placarded vehi¬ 
cle is left to the repair facility. 

2. Except for a vehicle carrying com¬ 
bustible liquids, any vehicle required 
to be placarded is subject to this 
amendment. The previous proposal 
would have applied to any vehicle con¬ 
taining any quantity of a Flammable 
liquid, combustible liquid, flammable 
gas, poisonous liquid, oxidizer, or ex¬ 
plosive. Excluded from the amend¬ 
ment’s coverage is any vehicle not re¬ 
quired to be placarded (however, note 
that materials, especially explosives A 
or B, listed in table 1 at § 172.504, as 
well as cargo tanks and portable tanks 
that have not been cleaned and 
purged, necessitate placarding regard¬ 
less of quantities). 

-3. Repair work performed indoors on 
placarded vehicles containing cargoes 
of explosives A or B. flammable liq¬ 
uids. or flammable gases is permitted, 
provided exposed sources of ignition 
are eliminated. Compliance with Na¬ 
tional Fire Protection Association 
Pamphlet No. 70, "National Electrical 
Code,” although proposed in the last 
notice for electrical equipment, is not 
required by the amendment. In addi¬ 
tion to that publication, there exist 
various requirements imposed by local. 
State, and Federal agencies pertaining 
to sources of ignition. Rather than re¬ 
quiring compliance with a particular 
method of protecting exposed ignition 
sources, the amendment allows use of 
any reliable method that would pre¬ 


vent the ignition of an explosive fuel- 
air mixture. 

4. Provided that the requirements of 
paragraph (g)(2) of the amendment 
are met. cold repairs to closed fuel and 
cargo containment systems may be 
performed indoors. The vehicle’s 
motor and electrical system may 
remain operational to the extent nec¬ 
essary to accomplish maintenance or 
repair. 

5. The previous proposal to delete 
paragraph (h) (concerning hot repair 
to cargo tanks and fuel containers) has 
been dropped. Paragraph (h) will be 
retained in this amendment since 
repair of a cargo tank or compartment 
thereof, formerly containing certain 
hazardous materials, can be safely per¬ 
formed by using flame, arc, or other 
means of welding if the tank or com¬ 
partment has been made gas-free prior 
to the repair. In response to the 
notice, several comments indicated 
that paragraph (h) should be retained 
since it reflects long standing safety 
practices set forth by saf ety-o riented 
organizations, such as NFPA, and 
which should be adhered to by all 
motor carriers and repair shops that 
engage in such work. 

III. Impact 

This amendment may still necessi¬ 
tate the performance of some kinds of 
repair work outdoors, such as hot 
work on vehicles carrying flammable 
or explosive cargoes. The MTB has at¬ 
tempted to balance the hazards of 
working in an enclosed area on such 
vehicles against the disadvantages and 
possible hazards of requiring the work 
to be performed outside. A concern 
raised in comment, with which MTB 
agrees, is that a rule that is too strin¬ 
gent may result in deferral of repair 
work, failure to correct vehicle defi¬ 
ciencies, and the continued operation 
of vehicles in an unsafe condition. On 
the other hand, hot work in an en¬ 
closed area on vehicles carrying explo¬ 
sives or large volumes of liquids, gases 
or vapors which are flammable pre¬ 
sents substantial, inherent risks. Reli¬ 
ance on the repair worker’s sense of 
smell to detect cargo or fuel leakage is 
not a sufficient safeguard against the 
possibility of fire or explosion. 

This amendment is a relaxation of 
existing requirements found in 
§ 177.854(g). Moreover, the restrictions 
imposed by the amendment are similar 
to restrictions resulting from existing 
fire codes and insurance practices. 
Comments indicate that cleaning and 
purging a cargo tank can cost $100 or 
more and that many repair facilities 
lack tankage to receive hazardous ma¬ 
terials that this amendment may re¬ 
quire to be removed from a vehicle on 
which work is to be performed. The in¬ 
cremental safety thereby achieved is 
worth the cost of cleaning and purging 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 





a cargo tank. For facilities that lack 
receiving tanks, the carrier seeking the 
repairs will have to arrange to remove 
the vehicle's contents before hot 
repair may be undertaken. 

Primary drafters of this document 
are David B. Goodman, Vehicle Re¬ 
quirement Branch, Bureau of Motor 
Carrier Safety; Joseph T. Homing, 
Regulations Development Branch, 
Office of Hazardous Materials Regula¬ 
tion; and Douglas A. Crockett, Stand¬ 
ards Division, Office of Hazardous Ma¬ 
terials Regulation, Materials Trans¬ 
portation Bureau. 

In consideration of the foregoing. 
Part 177 of Title 49, Code of Federal 
Regulations, is amended as follows: 

1. In § 177.854, paragraph (g) is re¬ 
vised to read as follows: 

§ 177.854 Disabled vehicles and broken or 
leaking packages; repairs. 

• • • * • 

Cg) Repair and maintenance of vehi¬ 
cles containing certain hazardous ma¬ 
terials.— (1) General No person may 
use heat, flame or spark producing de¬ 
vices to repair or maintain the cargo 
or fuel containment system of a motor 
vehicle required to be placarded, other 
than COMBUSTIBLE, in accordance 
with subpart F of part 172 of this sub- 
chapter. As used in this section, “con¬ 
tainment system" includes all vehicle 
components intended physically to 
contain cargo or fuel during loading or 
filling, transport, or unloading. 

(2) Repair and maintenance inside a 
building. No person may perform 
repair or maintenance on a motor ve¬ 
hicle subject to paragraph (g)(1) of 
this section inside a building unless: 

(i) The motor vehicle’s cargo and 
fuel containment systems are closed 
(except as necessary to maintain or 
repair the vehicle’s motor) and do not 
show any indication of leakage; 

(ii) A means is‘provided, and a 
person capable to operate the motor 
vehicle is available, to immediately 
remove the motor vehicle if necessary 
in an emergency; 

(iii) The motor vehicle is removed 
from the enclosed area upon comple¬ 
tion of repair or maintenance work; 
and 

(iv) For motor vehicles loaded with 
explosives A or B, flammable liquids 
or flammable gases, all sources of 
spark, flame or glowing heat within 
the area of enclosure (including any 
heating system drawing air therefrom) 
are extinguished, made inoperable or 
rendered explosion-proof by a suitable 
method. Exception: Electrical equip¬ 
ment on the vehicle, necessary to ac¬ 
complish the maintenance function, 
may remain operational. 

• • • • • 


RULES AND REGULATIONS 

(49 U.S.C. 1803, 1804, 1808; 49 CFR 1.53(e).) 

Note.— The Materials Transportation 
Bureau has determined that this final rule 
will not result in a major economic impact 
under the terms of Executive Order 12044 
and DOT implementing procedures (43 PR 
9582). A regulatory evaluation is available in 
the docket. 

Issued in Washington, D.C., on Sep¬ 
tember 12, 1978. 

L. D. Santman, 
Acting Director, 

Materials Transportation Bureau. 

(FR Doc. 78-26221 Filed 9-15-78; 8:45 am) 


[7035-01] 

CHAPTER X—INTERSTATE 
COMMERCE COMMISSION 

SUBCHAPTER A—GENERAL RULES AND 
REGULATIONS 

CService Order No. 1337) 

PART 1033—CAR SERVICE 

Western Maryland Railway Co. Au¬ 
thorized To Operate Over Tracks 
of the Baltimore & Ohio Railroad 
Co. 

Decided September 11, 1978. 
AGENCY: Interstate Commerce Com¬ 
mission. 

ACTION: Emergency Order (Service 
Order No. 1337). 

SUMMARY: The Western Maryland 
Railway Co. operates over tracks of 
the National Railroad Passenger Corp. 
between Fulton Junction, Md., and 
Back River, Md., thence over tracks of 
Consolidated Rail Corp. between Back 
River and Sparrows Point, Md. The 
high density of traffic results in seri¬ 
ous delays to WM trains. Service order 
No. 1337 authorizes Western Maryland 
to operate over tracks of the the Balti¬ 
more & Ohio Railroad Co. between 
Westport, Md., and Sparrows Point, 
Md., in order to expedite train move¬ 
ments. 

DATES: Effective 11:59 p.m., Septem¬ 
ber 12, 1978. Expires 11:59 p.m., Janu¬ 
ary 31, 1979. 

FOR FURTHER INFORMATION 
CONTACT: 

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

SUPPLEMENTARY INFORMATION: 
The Western Maryland Railway Co. 
(WM) presently operates over tracks 
of the National Railroad Passenger 
Corp. (Amtrak) between Fulton Junc¬ 
tion, Md., and Back River, Md., thence 
over the tracks of the Consolidated 


41403 

Rail Corp. (CR) between Back River 
and Sparrows Point, Md. The Amtrak 
portion of this route carries in excess 
of sixty (60) passenger trains daily 
plus a large number of freight trains 
operated by CR. This high density of 
traffic results in serious delays in the 
movement of WM trains between its 
tracks at Fulton Junction and Spar¬ 
rows Point. 

An alternate route is available via 
the tracks of the Baltimore & Ohio 
Railroad Co. (BO) between Westport, 
Md., and Sparrow’s Point. Use of this 
route by the WM would enable it to 
bypass the congested Amtrak trackage 
on its present route and greatly expe¬ 
dite the movement of WM trains, 
thereby improving both freight car 
and locomotive utilization. The BO 
has consented to this use of its tracks 
by the WM. 

It is the opinion of the Commission 
that an emergency exists requiring op¬ 
eration of WM trains over these tracks 
of the BO in the interest of the public; 
that notice and public procedure are 
impracticable and contrary to the 
public interest; and that good cause 
exists for making this order effective 
upon less than 30 days’ notice. 

It is ordered, 

§ 1033.1337 Service order 1337. 

(a) Western Maryland Railway Co. 
authorized to operate over tracks of 
the Baltimore & Ohio Railroad Co. 
The Western Maryland Railway Co. 
(WM) is authorized to operate over 
tracks of the Baltimore <fe Ohio Rail¬ 
road Co. (BO) between Westport, Md., 
and Sparrows Point, Md., all within 
the Baltimore, Md., terminal area. 

(b) Application. The provisions of 
this order shall apply to intrastate, in¬ 
terstate, and foreign traffic. 

(c) Rates applicable. Inasmuch as 
this operation by the WM over tracks 
of the BO is deemed to be due to carri¬ 
er's disability, the rates applicable to 
traffic moved by the WM over the 
tracks of the BO shall be the rates 
which were applicable on the ship¬ 
ments at the time of shipment as origi¬ 
nally routed. 

(d) Effective date. This order shall 
become effective at 11:59 p.m., Sep¬ 
tember 12. 1978. 

(e) Expiration date. The provisions 
of this order shall expire at 11:59 p.m., 
January 31, 1979, unless otherwise 
modified, changed, or suspended by 
order of this Commission. 

(49 U.S.C. 1(10-17).) 

This order shall be served upon the 
Association of American Railroads, 
Car Service Division, as agent of the 
railroads subscribing to the car service 
and car hire agreement under the 
terms of that agreement and upon the 
American Short Line Railroad Associ¬ 
ation. Notice of this order shall be 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 








41404 

given to the general public by deposit¬ 
ing a copy in the Office of the Secre¬ 
tary of the Commission at Washing¬ 
ton. D.C.. and by filing a copy with the 
Director. Office of the Federal Regis¬ 
ter. 

By the Commission, Railroad Serv¬ 
ice Board, members Joel E. Bums, 
Robert S. Turkington and John R. Mi¬ 
chael. 

H. G. Homme, Jr., 
Acting Secretary. 

[FR Doc. 78-26212 Filed 9-15-78; 8:45 am] 


[4310-55] 

Title 50—Wildlife and Fisheries 

CHAPTER I—U.S. FISH AND WILDLIFE 
SERVICE, DEPARTMENT OF THE IN- 
* TERIOR 

PART 32—HUNTING 

Opening of Fish Springs National 
Wildlife Refuge, Utah, to Public 
Hunting of Ducks, Coots, and Mer¬ 
gansers 

AGENCY: Fish and Wildlife Service, 
Interior. 

ACTION: Special regulation. 

SUMMARY: The Director has deter¬ 
mined that the opening to hunting of 
ducks, coots, and mergansers at Fish 
Springs National Wildlife Refuge is 
compatible with the objectives for 
which the area was established, will 
utilize a renewable natural resource, 
and will provide additional recreation¬ 
al opportunity to the public. 

DATES: October 7, 1978 through Jan¬ 
uary 7, 1979. 

FOR FURTHER INFORMATION 
CONTACT: 

Kim Forrest, Acting Refuge Man¬ 
ager, Fish Springs National Wildlife 
Refuge. Dugway, Utah 84022; or 
Mitchell G. Sheldon, Assistant Area 
Manager, Refuges and Wildlife, U.S. 
Fish and Wildlife Service, 1426 Fed¬ 
eral Building, 125 South State 
Street, Salt Lake City, Utah 84138, 
801-524-5633. 

SUPPLEMENTARY INFORMATION: 

832.12 Special regulations; migratory 
game birds; for individual wildlife 
refuge areas. 

Hunting for ducks, coots, and mer¬ 
gansers is permitted on Fish Springs 
National Wildlife Refuge, Utah, only 
on the areas designated by signs as 
being open to hunting. This area, com¬ 
prising 6,773 acres, is delineated on 
maps available at the refuge head¬ 
quarters, 66 miles southwest of 
Dugway, Utah, and from the office of 


RULES AND REGULATIONS 

the Area Manager, U.S. Fish and Wild¬ 
life Service, 1426 Federal Building, 125 
South State Street, Salt Lake City, 
Utah 84138. Hunting shall be in ac¬ 
cordance with all State and Federal 
regulations applicable to the hunting 
of ducks, coots, and mergansers, sub¬ 
ject to the following conditions: 

1. All hunters must register at the 
Visitor Information Station prior to 
hunting each day and must check out 
at the end of each day. 

2. Shooting from, upon, or across 
dikes or roads, open to vehicular traf¬ 
fic, is prohibited. 

3. The use of small boats, canoes, 
etc. is permitted, but outboard motors 
or air thrust boats are prohibited. 

4. Dogs may be used for hunting, but 
must be kept under control at all 
times. 

The provisions of these special regu¬ 
lations supplement the : egulations 
that govern hunting on wildlife refuge 
areas generally that are set forth in 
Title 50, Code of Federal Regulations. 
Part 32, and are effective through Jan¬ 
uary 7, 1979. The public is invited to 
offer suggestions and comments at ?ny 
time. 

Note.— The U.S. Fish and Wildlife Service 
has determined that this document does not 
contain a major proposal requiring prepara¬ 
tions of an economic impact statement 
under Executive Order 11949 and OMB Cir¬ 
cular A-107. 

Kim Forrest, 
Acting Refuge Manager. 

August 28, 1978. 

[FR Doc. 78-26113 Filed 9-15-78; 8:45 am] 


[4310-55] 

PART 32—HUNTING 

Opening of Seedskadee National 
Wildlifo Refuge, Wyo., to Public 
Hunting of Mulo Doer 

AGENCY: Fish and Wildlife Service, 
Interior. 

ACTION: Special regulation. 

SUMMARY: The Director has deter¬ 
mined that the opening to public 
hunting of mule deer (either sex) on 
Seedskadee National Wildlife Refuge 
is compatible with the objectives for 
which the area was established, will 
utilize a renewable natural resource, 
and will provide additional recreation¬ 
al opportunity to the public. 

DATES: October 15,1978, through Oc¬ 
tober 31, 1978. 

FOR FURTHER INFORMATION 
CONTACT: 

H. J. Johnson, Refuge Manager, 
Seedskadee National Wildlife 
Refuge. Fontenelle Route, Via Kem- 
merer, Wyo. 83101. 307-877-6334. 


SUPPLEMENTARY INFORMATION: 

§32.32 Special regulations; big game; for 
individual wildlife refuge areas. 

Public hunting of mule deer is per¬ 
mitted on Se-dskadee National Wild¬ 
life Refuge. Wyo. All of the refuge 
area, comprising 14,284 acres, and so 
designated by signs, is open to hunt¬ 
ing. Maps of the area are available at 
the refuge office, Fontenelle Route, 
Via Kemmerer, Wyo. 83101 and from 
the office of the Regional Director, 
U.S. Fish and Wildlife Service, P.O. 
Box 25486, Denver Federal Center, 
Denver, Colo. 80225. Hunting shall be 
in accordance with all applicable State 
regulations governing the hunting of 
mule deer. 

The provisions of this special regula¬ 
tion supplement the regulations which 
govern hunting on wildlife refuge 
areas generally which are set forth in 
Title 50, Code of Federal Regulations, 
Part 32. The public Ls invited to offer 
suggestions and comments at any 
time. 

Note.— The U.S. Fish and Wildlife Service 
has determined that this document does not 
contain a major proposal requiring prepara¬ 
tion of an economic impact statement under 
Executive Order 11949 and OMB Circular 
A-107. 

H. J. Johnson, 
Refuge Manager. 

September 8,1978. 

[FR Doc. 78-26114 Filed 9-15-78; 8:45 am] 


[4310-55] 

PART 32—HUNTING 

Opening of Seedskadee National 
Wildlife Refuge, Wyo., to Public 
Hunting of Migratory Game Birds 

AGENCY: Fish and Wildlife Service, 
Interior. 

ACTION: Special regulation. 

SUMMARY: The Director has deter¬ 
mined that the opening to public 
hunting of migratory game birds on 
Seedskadee National Wildlife Refuge 
is compatible with the objectives for 
which the area was established, will 
utilize a renewable natural resource, 
and will provide additional recreation¬ 
al opportunity to the public. 

DATES: September 30, 1978, through 
December 31,1978. 

FOR FURTHER INFORMATION 
CONTACT: 

H. J. Johnson, Refuge Manager, 
Seedskadee National Wildlife 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER II, 1978 








Refuge, Fontenelle Route, Via Kem- 
merer, Wyo. 83101, 307-877-6334, 

SUPPLEMENTARY INFORMATION: 

§32.12 Special regulations; migratory 
game birds; for individual wildlife 
refuge areas. 

Public hunting of migratory game 
birds is permitted on Seedskadee Na¬ 
tional Wildlife Refuge, Wyo. All of the 
refuge area, comprising 14,284 acres, 
and so designated by signs, is open to 
hunting. Maps of the area are availa¬ 
ble at the refuge office, Fontenelle 
Route, Via Kemmerer, Wyo. 83101 and 
from the office of the Regional Direc¬ 
tor. U.S. Fish and Wildlife Service, 
P.O. Box 25486, Denver Federal 
Center, Denver, Colo. 80225. Hunting 
shall be in accordance with all applica¬ 
ble State regulations governing the 
hunting of migratory game birds. 

The provisions of the special regula¬ 
tion supplement the regulations which 
govern hunting on wildlife refuge 
areas generally which are set forth in 
Title 50 Code of Federal Regulations, 
Part 32. The public is invited to offer 
suggestions and comments at any 
time. 


Note.—T he U.S. Fish and Wildlife Service 
had determined that this document does 
not contain a major proposal requiring 
preparation of an Economic Impact State¬ 
ment under Executive Order 11949 and 
OMB Circular A-107. 

H. J. Johnson, 
Refuge Manager. 

September 8,1978. 

[FR Doc. 78-26115 Filed 9-15-78; 8:45 am] 


RULES AND REGULATIONS 
[3510-22] 

CHAPTER VI—FISHERY CONSERVA¬ 
TION AND MANAGEMENT, NA¬ 
TIONAL OCEANIC AND ATMOS¬ 
PHERIC ADMINISTRATION, DE¬ 
PARTMENT OF COMMERCE 
Part 651—Atlantic Groundfish (Cod, 
Haddock, and Yollowtail Flounder) 

Fisheriet Cloture Notice 

AGENCY: National Oceanic and At¬ 
mospheric Administration/Commerce. 

ACTION: Notice of closure. 

SUMMARY: This notice announces 
the closure of commercial cod fishing 
in the southern New England (includ¬ 
ing Georges Bank) area for vessels in 
the 61-125 gross registered ton class 
for the remainder of 1978. This action 
is being taken because those commer¬ 
cial vessels have exceeded the annual 
quota of 6,910 metric tons allocated to 
that class. 

EFFECTIVE DATE: 0001 hours, Sep¬ 
tember 17, 1978. 

FOR FURTHER INFORMATION 
CONTACT: 

Mr. William G. Gordon, Regional Di¬ 
rector, Northeast Region, National 
Marine Fisheries Service, Federal 
Building. 14 Elm Street. Gloucester, 
Mass. 09130, Telephone: 617-281- 
3600. 

SUPPLEMENTARY INFORMATION: 
50 CFR 651.9(a) (43 FR 31015) pub¬ 
lished on July 19, 1978, authorizes the 
Assistant Administrator for Fisheries 
to announce the closure of the season 
for cod by publication in the Federal 
Register, specifying the time, date, 
and area for the termination of that 


41405 

fishery, when the total quarterly 
quota of cod is taken. 

During the period of closure, it shall 
be unlawful for vessels of 61-125 GRT 
to catch, retain, or land any cod. 

On July 21, 1978, a vessel allocation 
system, based on traditional landing 
patterns for each of three sizes of 
trawl vessels was published in the Fed¬ 
eral Register (43 FR 31341). The 
annual vessel allocation of cod for ves¬ 
sels in the 61-125 GRT class fishing in 
southern New England and on 
Georges Bank was established at 6,910 
metric tons. 

This annual quota, based on a calen¬ 
dar year, included the total allowable 
catch for that vessel class for 4 con¬ 
secutive quarters. 

The landing statistics for cod indi¬ 
cate that by August 31, 1978. the 61- 
125 GRT vessel class operating in 
southern New England had caught 
and landed 6,877 metric tons, or 99.5 
percent of the total annual allocation. 
It is estimated, therefore, that the 61- 
125 GRT vessel class engaged in the 
southern New England and Georges 
Bank cod fishery has now exceeded its 
quota for the current calendar year. 
The closure will continue through the 
remainder of the present quarter and 
the entire 4th quarter. 

Fishermen are reminded that vessels 
of a comparable size using small mesh 
nets in other fisheries are restricted to 
an incidental catch and landing of cod 
not to exceed 1 percent of all other 
fish on board. 

Signed at Washington, D.C. this 
13th day of September 1978. 

Winfred H. Meibohm, 
Associate Director, 
National Marine Fisheries Service. 

[FR Doc. 78-26265 Filed 9-15-78; 8:45 am] 


FEDERAL REGISTER, VOL. 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 






41406 


proposed rules 


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


[4810-33] 

DEPARTMENT OF THE TREASURY 

Comptroller of the Currency 
[12CFR Fort 7] 

OTHER REAL ESTATE PROPERTY 

Proposed Revision to Interpretive Ruling 

AGENCY: Comptroller of the Curren¬ 
cy, Treasury. 

ACTION: Proposed revision to inter¬ 
pretive ruling. 

SUMMARY: The purpose of this pro¬ 
posed revision is to indicate that na¬ 
tional banks should record the value 
of “other real estate owned” in a 
manner consistent with generally ac¬ 
cepted accounting principles as reflect¬ 
ed in the Financial Accounting Stand¬ 
ards Board’s statement of financial ac¬ 
counting standards No. 15 (FASB 15), 
and as additionally required in this 
ruling. In addition, the proposed 
ruling has been expanded to include 
accounting for certain real estate 
transactions where a national bank’s 
involvement is other than as lender 
only. 

On January 20. 1978, the Comptrol¬ 
ler of the Currency published for com¬ 
ment (43 FR 2881) a proposed amend¬ 
ment to interpretive ruling 7.3025 enti¬ 
tled “Other real estate owned” to con¬ 
form the ruling with the provisions of 
FASB 15. As a result of the January 
proposal, the Comptroller has decided 
to expand the scope of this ruling sig¬ 
nificantly In order to more fully en¬ 
compass the provisions of FASB 15. 
and to incorporate certain transac¬ 
tions not specifically addressed in the 
January proposal. The Comptroller is, 
therefore, reproposing this amend¬ 
ment, with significant changes for ad¬ 
ditional comment. 

DATE: Written comments must be re¬ 
ceived on or before October 18,1978. 

ADDRESS: Comments should be ad¬ 
dressed to Mr. John E. Shockey, Chief 
Counsel. Comptroller of the Currency, 
Washington, D.C. 20219. 

FOR FURTHER INFORMATION 
CONTACT: 

Mr. Andrew Levinson. Attorney. 

Comptroller of the Currency, Wash¬ 
ington. D.C. 20219. 202-447-1880. 

SUPPLEMENTARY INFORMATION: 
The current version of 12 CFR 7.3025 
permits “other real estate owned” to 


be recorded initially at the lower of 
cost or fair market value. It also pro¬ 
vides that if the book value exceeds 
the fair market value, the difference 
must be charged off. The existing in¬ 
terpretive ruling, in addition, notes 
that if a subsequent increase in fair 
market value occurs, book value 
should not be written up beyond the 
original cost. 

On January 20, 1978, the Comptrol¬ 
ler of the Currency published for com¬ 
ment (43 FR 2881) a proposed amend¬ 
ment to Interpretive ruling 7.3025 enti¬ 
tled “Other real estate owned” to con¬ 
form the ruling with the provisions of 
FASB 15. As a result of the many sug¬ 
gestions received in response to the 
January proposal, the Comptroller has 
decided to expand the scope of this 
ruling significantly in order to more 
fully encompass the provisions of 
FASB 15, and to incorporate certain 
transactions not specifically addressed 
in the January proposal. The Comp¬ 
troller is, therefore, reproposing this 
amendment, with significant changes, 
for additional comment. 

FASB 15 dictates that real estate ac¬ 
quired in a troubled debt restructuring 
be accounted for at its fair value. 
Thereafter a creditor shall account for 
an asset received in satisfaction of a 
loan the same as if the asset had been 
acquired for cash. FASB 15 defines 
fair value at the time of transfer as 
market value or, if no active market 
exists, the price it could reasonably be 
expected that a willing buyer would 
currently pay a willing seller. When 
real estate is acquired in a troubled 
debt restructuring, any excess of re¬ 
corded investment in the satisfied loan 
over fair value is recognized as a loss 
by a charge against an appropriate 
loan loss or valuation reserve or 
against income. The proposed ruling 
follows these principles and addition¬ 
ally provides a definition for recorded 
investment in the satisfied loan. 

The ruling has been further expand¬ 
ed to discuss the proper accounting for 
certain transactions among a debtor, 
the bank, and a third-party purchaser 
of real estate who does not assume sig¬ 
nificant economic risk. Transactions 
covered by the ruling are sales of 
other real estate owned where less 
than 10 percent of the total sales 
prices is in cash or there is financing 
by the bank of a portion of the sale 
price on terms more favorable than 
those customarily granted by the bank 
where its only involvement is as 


lender. The ruling also covers transac¬ 
tions in which the debtor transfers 
real property to a new owner who in¬ 
vests nominal equity and assumes the 
debt owed to the bank on restructured 
terms more favorable than those cus¬ 
tomarily required by the bank where 
its only involvement is as lender. 
These transactions are included to 
insure that banks recognize losses in a 
timely manner and do not circumvent 
the holding period of 12 U.S.C. 29. 

Assets in the “other real estate 
owned” account which are not ac¬ 
quired by the bank in a troubled debt 
situation (former banking premises 
and property originally acquired for 
future expansion) will be accounted 
for at the lower of their net book 
value or fair value at the date of trans¬ 
fer to the account. This treatment is 
being required since the property is no 
longer an investment, but rather is 
held for resale. 

The proposed ruling requires that 
banks substantiate both the initial fair 
value of all other real estate owned 
and its continuing carrying value by 
obtaining an appraisal or certification 
from an independent, qualified ap¬ 
praiser. Where the subsequent ap¬ 
praisal indicates that fair value has 
fallen below the carrying value, the 
bank must record the decline in a 
manner consistent with Statement of 
Financial Accounting Standards No. 5, 
“Accounting for Contingencies.” 
Should a later appraisal Indicate that 
fair value has increased, any valuation 
reserve established to record the de¬ 
cline in value of a specific parcel of 
real estate may be reduced by the 
amount of the increase in value of 
that property, but not below zero. 

At present, there Is a bill before 
Congress which would modify the stat¬ 
utory holding period contained in 12 
UJS.C. 29. If enacted, the Comptroller 
of the Currency would have the au¬ 
thority, upon application by a national 
bank, to extend the 5-year holding 
period but for no more than an addi¬ 
tional 5 years. Recognizing the possi¬ 
bility that the holding period may be 
changed, the ruling no longer contains 
reference to 5 years. Rather, the term 
“the allowable holding period under 
12 U.S.C. 29” is used. The Comptroller 
of the Currency Intends to use any ap¬ 
propriate supervisory remedies includ¬ 
ing those enumerated at 12 U.S.C. 
1818(b) to enforce the requirement of 
12 U.S.C. 29. 


FEDERAL REGISTER, VOL 43, NO. 181-MONDAY, SEPTEMBER 18, 1978 






PROPOSED RULES 


41407 


Drafting Information 

The principal drafters of this docu¬ 
ment were Ms. Roberta Books, Special 
Assistant to the Comptroller, Mr. 
Robert Klinzing, National Bank Ex¬ 
aminer, and Mr. Douglas Ward, Direc¬ 
tor, Bank Accounting. 

Proposed Amendment 

For the reasons stated above, the 
Comptroller proposes to amend 12 
CFR part 7 by revising § 7.3025 to read 
as follows: 

§ 7.3025 Other real estate owned. 

(a) “Other real estate owned" is: 

(1) Real estate acquired by a nation¬ 
al bank: 

(1) Through purchases at sales under 
judgments, decrees, or mortgages 
where the property was security for 
debts previously contracted; 

(ii) Through conveyance in satisfac¬ 
tion of debts previously contracted; or 

(iii) Through purchases to secure 
debts previously contracted; and 

(2) Former banking premises begin¬ 
ning on the date of relocation to new 
banking quarters and property origi¬ 
nally acquired for future expansion 
for which banking use is no longer 
contemplated. 

(b) “Covered transactions" are: 

(1) Sales of other real estate owned 
where less than 10 percent of total 
sales price is in cash or there is financ¬ 
ing by the bank of a portion of the 
sales price on terms more favorable 
than those customarily required for 
transactions where the bank’s involve¬ 
ment is as lender only; and 

(2) Transfers of real property from 
the original borrower to a new owner 
where the new owner’s purchase price 
is for nominal equity and the debt 
owed the bank is assumed by the new 
owner on restructured terms more fa¬ 
vorable than those customarily re¬ 
quired for transactions in which the 
bank’s involvement is as lenderonly. 

(c) The “recorded investment in the 
loan satisfied" is the unpaid balance of 
the loan adjusted for previous direct 
writedowns, if any, and increased or 
decreased for accrued and uncollected 
interest and for unamortized premi¬ 
um, discount, finance charges, or loan 
acquisition costs. 

(d) “Fair value" is the cash price 
that might reasonably be anticipated 
in a current sale under all conditions 
requisite to a fair sale. A fair sale 
means that buyer and seller are each 
acting prudently, knowledgeably, and 
under no necessity to buy or sell. The 
appraiser should estimate the cash 
price that might be received upon ex¬ 
posure to the open market for a rea¬ 
sonable time, considering the property 
type and local market conditions. 
However, when more than 1 year is 
deemed necessary for a fair sale of the 


property, the appraiser must apply an 
appropriate discount to reflect what a 
prudent, knowledgeable purchaser 
under no necessity to buy would re¬ 
quire to purchase the property within 
1 year of the date of estimation of fair 
value. 

(e) The bank must maintain current 
documentation reflecting its continu¬ 
ing and diligent efforts to dispose of 
each parcel of other real estate owned. 
Whenever a bank can recover the 
amount of its original loan and acqui¬ 
sition costs, it should dispose of other 
real estate owned. However, no nation¬ 
al banking association shall hold other 
real estate owned for longer than the 
holding period permitted under 12 
U.S.C. 29. That holding period begins 
on the date that legal title to the 
property is transferred to the bank, 
except for properties for which bank¬ 
ing use is no longer contemplated and 
covered transactions. After a covered 
transaction, if title reverts or passes to 
the bank and the outstanding financ¬ 
ing exceeds 90 percent of the sales 
price, the holding period begins on the 
date the bank originally acquired title. 
For covered transactions described in 
paragraph (b)(2) of this section, the 
holding period begins on the date of 
the first such transaction for the prop¬ 
erty. 

(f) Real estate acquired for future 
expansion should normally be used 
within 3 years. After holding future 
expansion real estate for 1 year, the 
board must state, by resolution, defi¬ 
nite plans for its use. The resolution 
must be available for inspection by na¬ 
tional bank examiners. 

(g) Real estate for which banking 
use is no longer contemplated will be 
accounted for at the lower of its net 
book value or its fair value at the date 
of transfer to other real estate owned. 
Otherwise, other real estate owned 
will be accounted for individually at 
its fair value on the date of transfer to 
that category. Any excess of the re¬ 
corded investment in the loan satis¬ 
fied, over the fair value of the proper¬ 
ty must be charged against the reserve 
for possible loan losses. In the absence 
of such a reserve, the excess must be 
charged to expense of the current 
period. Legal fees and direct costs of 
acquiring title to the property shall be 
expensed when incurred. 

(1) Upon transfer to other real 
estate owned, fair value must be sub¬ 
stantiated by a current appraisal pre¬ 
pared by an independent, qualified ap¬ 
praiser. 

(!) This requirement is waived when 
the entire property is recorded at the 
lower of 5 percent of the bank's equity 
capital or $25,000. The requirement is 
deferred for 3 months after bank takes 
title when the bank can document rea¬ 
sonable expectation of a sale, other 
than in a covered transaction. 


(ii) All instructions from the bank to 
the appraiser must be in writing. The 
bank must instruct the appraiser to es¬ 
timate fair value according to this sub- 
paragraph and the definition of fair 
value. The appraisal must contain all 
of the bank’s instructions to the ap¬ 
praiser. Whenever the appraiser be¬ 
lieves that more than 1 year is neces¬ 
sary for a fair sale of the property, the 
appraiser shall state and justify the 
estimated time and shall state the 
annual discount rate applied. 

(h) The bank must obtain annually 
from an independent, qualified ap¬ 
praiser a current appraisal of fair 
value for each property or certifica¬ 
tion, in letter form, that the fair value 
has not declined. The bank need not 
obtain either if the book value of the 
entire property is below the low T er of 5 
percent of equity capital or $25,000. 
When book value exceeds fair value, 
the bank must record the decline in 
value by a charge against earnings to 
establish a valuation reserve or to 
reduce the asset account. When a later 
appraisal indicates that fair value has 
increased, the reserve ma/be reduced, 
but not by more than the amount pro¬ 
vided for that property. 

(i) Loans arising from covered trans¬ 
actions must be included in other real 
estate owned on reports filed pursuant 
to 12 U.S.C. 161 and accounted for ac¬ 
cording to this section until at least 10 
percent of the covered transaction 
sales prices has been received by the 
bank in cash, 

(j) If other real estate owned is an 
unfinished construction or develop¬ 
ment project, further prudent ad¬ 
vances to complete the project may be 
included in other real estate owned. 
However, such additional advances 
may not be capitalized unless the bank 
maintains on file evidence that the ad¬ 
vances will result in a more salable 
property and are recoverable. 

(k) Properties transferred to other 
real estate owned after December 31. 
1977, shall be accounted for according 
to this ruling. Properties transferred 
to other real estate owmed before Jan¬ 
uary 1, 1978, shall be accounted for ac¬ 
cording to this ruling or the ruling in 
effect on the date of the transfer. 

Dated: September 11, 1978. 

John G. Heimann, 
Comptroller of the Currency . 

CFR Doc. 78-26103 Filed 9-15-78; 8:45 ami 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 







41408 


PROPOSED RULES 


[3510-24] 

DEPARTMENT OF COMMERCE 

Economic Dovolopmont Admlnictrotlon 
[13 CFR Port 309] 

GENERAL REQUIREMENTS FOR FINANCIAL 
ASSISTANCE 

Amondmont of Lobor Standard* for 
Construction Projects 

AGENCY: Economic Development Ad¬ 
ministration (EDA), Department of 
Commerce. 

ACTION: Proposed rule. 

SUMMARY: This amendment revises . 
13 CFR 309.6 “Labor standards-con- 
struction of projects/* By deleting sub¬ 
sections (d) and (e). The change re¬ 
sults from a joint EDA-HUD (Depart¬ 
ment of Housing and Urban Develop¬ 
ment) program to eliminate unneces¬ 
sary differences between the two agen¬ 
cies' regulations. The intended effect 
of this amendment is to conform this 
regulations to approved EDA-HUD 
standards. 

DATE: Comments by October 18, 1978. 

ADDRESS: Send comments to Assist¬ 
ant Secretary for Economic Develop¬ 
ment, U.S. Department of Commerce, 
Room 7800B. Washington, D.C. 20230. 

FOR FURTHER INFORMATION 
CONTACT: 

Dan Weiss. U.S. Department of 

Commerce. Room 7001, Washington, 

D.C. 20230, 202-377-4689. 

SUPPLEMENTARY INFORMATION: 
Section 309.6 lists the labor standards 
which apply to EDA-assisted construc¬ 
tion projects. Subsections (d) and (e) 
of this section are being deleted. Sub¬ 
section (d) applied Executive Order 
11588 on wage and price stabilization 
to contractors and subcontractors on 
EDA projects. This executive order 
has been rescinded: therefore subsec¬ 
tion (d) no longer serves a useful pur¬ 
pose. 

Subsection (e) notified contractors 
and subcontractors of their duty to 
comply with Executive Order 11246 on 
equal employment opportunity. This 
requirement also is contained, more 
appropriately, in EDA 's no ndiscrimi- 
nation regulations, 13 CFR Part 311. 
Therefore, the deletion of subsection 
(e) does not affect the enforcement of 
these requirements. 

With these changes, EDA's labor 
standards regulation will accord with 
the provisions of the EDA-HUD agree¬ 
ment. 

In accordance with the criteria con¬ 
tained in Department of Commerce 
Administrative Order 218-7, EDA has 
determined that this amendment is 
not a significant regulation subject to 
the requirements of Executive Order 
12044. However, in accordance with 


the policies of that executive order, 
EDA is publishing this amendment as 
a proposed rule and will accept written 
comments on it on or before October 
18. 1978. 

Accordingly, EDA amends 13 CFR 
Part 309 by deleting subsections (d) 
and (e) from § 309.6. 

Dated: September 8, 1978. 

Robert T. Hall, 
Assistant Secretary 
for Economic Development 
[FR Doc. 78-26116 Filed 9-15-78; 8:45 am] 


[4910-13] 

DEPARTMENT OF TRANSPORTATION 

Fodarol Aviation Admini*!ration 
[14 CFR Fart 71] 

[Airspace Docket No. 78-CE-24] 

CONTROL ZONE—CLINTON, IOWA 
Proposed Designation 

AGENCY: Federal Aviation Adminis¬ 
tration (FAA), DOT. 

ACTION: Notice of proposed rulemak¬ 
ing (NPRM). 

SUMMARY: This notice proposes to 
designate a part-time control zone at 
Clinton, Iowa, to serve the Clinton, 
Iowa, Municipal Airport in order to 
provide additional controlled airspace 
protection for aircraft utilizing said 
airport. 

DATE: Comments must be received on 
or before October 23, 1978. 

ADDRESSES: Send comments on the 
proposal to: Federal Aviation Adminis¬ 
tration, Chief, Operations. Procedures 
and Airspace Branch. Air Traffic Divi¬ 
sion, ACE-530, 601 East 12th Street, 
Kansas City, Mo. 64106, telephone 
816-374-3408. 

The official docket may be examined 
at the Office of the Regional Counsel, 
Central Region. Federal Aviation Ad¬ 
ministration. Room 1558, 601 East 
12th Street. Kansas City, Mo. 

An informal docket may be exam¬ 
ined at the Office of the Chief, Oper¬ 
ations, Procedures and Airspace 
Branch, Air Traffic Division. 

FOR FURTHER INFORMATION 
CONTACT: 

Dwaine E. Hiland, Airspace Special¬ 
ist, Operations. Procedures and Air¬ 
space Branch, Air Traffic Division, 
ACE-537, FAA. Central Region, 601 
East 12th Street, Kansas City, Mo. 
64106. telephone 816-374-3408. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested persons may participate 
in the proposed rulemaking by submit¬ 
ting such written data, views, or argu¬ 


ments as they may desire. Communi¬ 
cations should identify the airspace 
docket number, and be submitted in 
duplicate to the Operations. Proce¬ 
dures and Airspace Branch, Air Traf¬ 
fic Division, Federal Aviation Adminis¬ 
tration, 601 East 12th Street, Kansas 
City. Mo. 64106. All communications 
received on or before October 23, 1978, 
will be considered before action is 
taken on the proposed amendment. 
The proposal contained in this notice 
may be changed in light of the com¬ 
ments received. All comments received 
will be available both before and after 
the closing date for comments in the 
rules docket for examination by inter¬ 
ested persons. 

Availability or NPRM 

Any person may obtain a copy of 
this NPRM by submitting a request to 
the Federal Aviation Administration, 
Operations, Procedures and Airspace 
Branch, 601 East 12th Street, Kansas 
City, Mo. 64106, or by calling 816-374- 
3408. Communications must identify 
the notice number of this NPRM. Per¬ 
sons interested in being placed on a 
mailing list for further NPRM's 
should also request a copy of Advisory 
Circular No. 11-2 which describes the 
application procedure. 

The Proposal 

The FAA is considering an amend¬ 
ment to Subpart F, 8 71.171 of the Fed¬ 
eral Aviation Regulations (14 CFR 
§71.171) by designating a control zone 
at Clinton, Iowa, to serve the Clinton, 
Iowa, Municipal Airport. To enhance 
airport usage, a part-time control zone 
is being designated effective during 
the specific dates and times estab¬ 
lished fin advance by a notice to 
airmen. The effective date and time 
will thereafter be continuously pub¬ 
lished in the airman’s information 
manual. The intended effect of this 
action [s to insure segregation of air¬ 
craft opera ting under instrument 
flight rules (IFR) and other aircraft 
operating under visual flight rules 
(VFR). 

Accordingly, the Federal Aviation 
Administration proposes to amend 
subpart F, § 71.171 of the Federal Avi¬ 
ation Regulations (14 CFR 71.171) as 
republished on January 3, 1978 (43 FR 
355), by adding the following new con¬ 
trol zone: 

Clinton, Iowa 

That airspace extending upward from the 
surface within a 5-mile radius of the Clinton 
Airport (lat. 4T4955” N.. long. 90’19'45" W.) 
and within 3 miles each side of Davenport 
VORTAC 044* radial, extending from the 5- 
mile radius area to the VORTAC; and 
within 3 miles each side of the Clinton NDB 
327* bearing from the airport, extending 
from the 5-mile radius area to 8V% miles 
northwest; and within 2V* miles each side of 
the 030* bearing from the Clinton Airport, 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 







PROPOSED RULES 


41409 


extending from the 5-mile radius area to 6 
miles northeast. This control zone is effec¬ 
tive during the specific dates and times es¬ 
tablished in advance by a notice to airmen. 
The effective date and time will thereafter 
be continuously published in the airman's 
information manual. 

(Sec, 507(a), Federal Aviation Act of 1958, as 
amended (49 UJ5.C. 1348); sec. 6(c), Depart¬ 
ment of Transportation Act (49 U.S.C. 
1655(c)); sec. 1L61 of the Federal Aviation 
Regulations (14 CFR 11.61).) 

Note.—T he FAA has determined that this 
document involves a proposed regulation 
which is not considered to be significant 
under the procedures and criteria prescribed 
by Executive Order 12044 and as imple¬ 
mented by interim Department of Transpor¬ 
tation guidelines (43 FR 9582; March 8. 
1978). 

Issued in Kansas City, Mo., on Sep¬ 
tember 5. 1978. 

John E. Shaw, 
Acting Director , 
Central Region. 

CFR Doc. 78-25987 Filed 9-15-78; 8:45 am] 


14910-13] 

114 CFR Port 71] 

[Docket No. 78-SO-57] 

DESIGNATION OF FEDEtAl AIRWAYS, AREA 
LOW ROUTES, CONTROLLED AIRSPACE, AND 
REPORTING POINTS 

Proposed Designation of Tramition Area, 
Butler, Ala. 

AGENCY: Federal Aviation Adminis¬ 
tration (FAA), DOT. 

ACTION: Notice of proposed rulemak¬ 
ing. 

SUMMARY: This proposed rule will 
designate the Butler, Ala., transition 
area and will lower the base of con¬ 
trolled airspace in the vicinity of the 
Butler-Choctaw County Airport from 
1,200 to 700 feet to acco mmodate in¬ 
strument flight rule (IFR) operations. 
A public use instrument approach pro¬ 
cedure has been developed for the 
Butler-Choctaw County Airport and 
the additional controlled airspace is 
required to protect aircraf t con ducting 
instrument flight rule (IFR) oper¬ 
ations. 

DATE: Comments must be received on 
or before: October 31. 1978. 

ADDRESS: Send comments on the 
proposal to: Federal Aviation Adminis¬ 
tration, Chief. Air Traffic Division, 
P.O. Box 20636, Atlanta, Ga. 30320. 

FOR FURTHER INFORMATION 
CONTACT: 

William F. Herring, Airspace and 
Procedures Branch. Federal Aviation 
Administration, P.O. Box 20636. At¬ 
lanta, Ga. 30320, telephone 404-763- 
7646. 


SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested persons may participate 
in the proposed rulemaking by submit¬ 
ting such written data, views, or argu¬ 
ments as they may desire. Communi¬ 
cations should identify the airspace 
docket number and be submitted in 
triplicate to the Director, Southern 
Region, Federal Aviation Administra¬ 
tion, Attention: Chief, Air Traffic Di¬ 
vision, P.O. Box 20636, Atlanta, Ga. 
30320. All communications received on 
or before October 31, 1978, will be con¬ 
sidered before action is taken on the 
proposed amendment. The proposal 
contained in this notice may be 
changed in the light of comments re¬ 
ceived. All comments submitted will be 
available, both before and after the 
closing date for comments, in the rules 
docket for examination by interested 
persons. A report summarizing each 
public contact with FAA personnel 
concerned with this rulemaking will be 
filed in the public, regulatory docket. 

Availability of NPRM 

Any person may obtain a copy of 
this notice of proposed rulemaking 
(NPRM) by submitting a request to 
the Federal Aviation Administration, 
Office of Public Affairs, Attention: 
Public Information Center, APA-430, 
800 Independence Avenue SW., Wash¬ 
ington D.C. 20591, or by calling 202- 
426-8058. Communications must iden¬ 
tify the notice number of this NPRM. 
Persons interested in being placed on a 
mailing list for future NPRM’s should 
also request a copy of Advisory Circu¬ 
lar No. 11-2 which describes the appli¬ 
cation procedures. 

The Proposal 

The FAA is considering an amend¬ 
ment to subpart G of part 71 of the 
Federal Aviation Regulations (14 CFR 
Part 71) to designate the Butler, Ala., 
700-foot transition area. This action 
will provide additional controlled air¬ 
space to accommodate aircraft per¬ 
forming IFR operations at Butler- 
Choctaw County Airport. 

Drafting Information 

The principal authors of this docu¬ 
ment are William F. Herring, Airspace 
and Procedures Branch, Air Traffic 
Division, and Keith S. May, Office of 
Regional Coufisel. 

The Proposed Amendment 

Accordingly, the Federal Aviation 
Administration proposes to amend 
subpart G, §71.181 (43 FR 440) of part 
71 of the Federal Aviation Administra¬ 
tion Regulations (14 CFR 71) by 
adding the following: 

Butler. Ala. 

That airspace extending upward from 700 
feet above the surface within a 7.5-mile 


radius of Butler-Choctaw County Airport 
(iat. 32*07 06” N., long. 88*07 42” W.>. 

(Sec. 307(a) of the Federal Aviation Act of 
1958, as amended (49 U.S.C. 1348(a)), sec. 
6(c) of the Department of Transportation 
Act (49 U.S.C. 1655(c)).) 

Note.— The Federal Aviation Administra¬ 
tion has determined that this document 
does not contain a major proposal requiring 
.preparation of an economic Impact state¬ 
ment under Executive Order 11821, as 
amended by Executive Order 11949, and 
OMB Circular A-107. 

Issued in East Point, Ga., on Sep¬ 
tember 6, 1978. 

William J. McGill, 
Acting Director, 
Southern Region. 

[FR Doc. 78-25985 Filed 9-15-78; 8:45 am] 


[4910-13] 

[14 CFR Port 711 

[Airspace Docket No. 78-CE-23] 

TRANSITION AREA—OSKALOOSA, IOWA 
Propotad Designation 

AGENCY: Federal Aviation Adminis¬ 
tration (FAA), DOT. 

ACTION: Notice of proposed rulemak¬ 
ing (NPRM). 

SUMMARY: This notice proposes to 
designate a 700-foot transition area at 
Oskaloosa, Iowa, to provide controlled 
airspace fpr aircraft executing a new 
instrument approach procedure to the 
Oskaloosa, Iowa, Municipal Airport, 
which is based on the Ottumwa, Iowa, 
VOR, a navigational aid. 

DATES: Comments must be received 
on or before October 23, 1978. 

ADDRESSES: Send comments on the 
proposal to: Federal Aviation Adminis¬ 
tration, Chief, Operations, Procedures 
and Airspace Branch, Air Traffic Divi¬ 
sion. ACE-530, 601 East 12th Street, 
Kansas City, Mo. 64106, telephone 
816-374-3408. The official docket may 
be examined at the Office of the Re¬ 
gional Counsel, Central Region, Feder¬ 
al Aviation Administration, Room 
1558, 601 East 12th Street. Kansas 
City, Mo. An informal docket may be 
examined at the Office of the Chief, 
Operations, Procedures and Airspace 
Branch, Air Traffic Division. 

FOR FURTHER INFORMATION 
CONTACT: 

Dwaine E. Hiland, Airspace Special¬ 
ist, Operations. Procedures, and Air¬ 
space Branch, Air Traffic Division, 
ACE-537, FAA, Central Region, 601 
East 12th Street, Kansas City, Mo. 
64106, telephone 816-374-3408. 

SUPPLEMENTARY INFORMATION: 


FEDERAL REGISTER, VOL 43, NO. 181— MONDAY, SEPTEMBER 18, 1978 










41410 


PROPOSED RULES 


Comments Invited 

Interested persons may participate 
in the proposed rulemaking by submit¬ 
ting such written data, views, or argu¬ 
ments as they may desire. Communi¬ 
cations should identify the airspace 
docket number, and be submitted in 
duplicate to the Operations. Proce¬ 
dures. and Airspace Branch, Air Traf¬ 
fic Division, Federal Aviation Adminis¬ 
tration. 601 East 12th Street. Kansas 
City. Mo. 64106. All communications 
received on or before October 23, 1978 
will be considered before action is 
taken on the proposed amendment. 
The proposal contained in this notice 
may be changed in light of the com¬ 
ments received. All comments received 
will be available both before and after 
the closing date for comments in the 
Rules Docket for examination by in¬ 
terested persons. 

Availability of NPRM 

Any person may obtain a copy of 
this NPRM by submitting a request to 
the Federal Aviation Administration. 
Operations, Procedures and Airspace 
Branch, 601 East 12th Street, Kansas 
City. Mo. 64106, or by calling 816-374- 
3408. Communications must identify 
the notice number of this NPRM. Per¬ 
sons interested in being placed on a 
mailing list for further NPRM’s 
should also request a copy of Advisory 
Circular No. 11-2 which describes the 
application procedure. 

The Proposal 

The FAA is considering an amend¬ 
ment to subpart G, § 71.181 of the Fed- 
eral Aviation Regulations (14 CFR 
Section 71.181) by designating a 700- 
foot transition area at Oskaloosa, 
Iowa. To enhance airport usage, a new 
instrument approach procedure to the 
Oskaloosa, Iowa, Municipal Airport is 
being established based on the Ot¬ 
tumwa, Iowa, VOR, a navigational aid. 
The establishment of an instrument 
approach procedure based on this 
navigational aid entails designation of 
a transition area at and above 700 feet 
above ground level (AGL) within 
which aircraft will be provided con¬ 
trolled airspace protection. The in¬ 
tended effect of this action is to insure 
segregation of aircraft using the new 
approach procedure under instrument 
flight rules (IFR) and other aircraft 
operating under visual flight rules 
(VFR). 

Accordingly, the Federal Aviation 
Administration proposes to amend 
subpart G, §71.181 of the Federal Avi¬ 
ation Regulations (14 CFR 71.181) as 
republished on January 3, 1978 (43 FR 
440), by adding the following new 
transition area: 

Oskaloosa. Iowa 

That airspace extending upward from 700 
feet above the surface within a 6-mile radius 


of the Oskaloosa Municipal Airport (lati¬ 
tude 41T3'36" N., longitude 92'29'30" W.) ex¬ 
cluding the portion that overlies the Ot¬ 
tumwa, Iowa, transition area. 

(Sec. 307(a), Federal Aviation Act of 1958 as 
amended (49 U.S.C. 1348); sec. 6(c), Depart¬ 
ment of Transportation Act (49 U.S.C. 
1655(c)): sec. 11.61 of the Federal Aviation 
Regulations (14 CFR 11.61).) 

Note.— The FAA has determined that this 
document Involves a proposed regulation 
which is not considered to be significant 
under the procedures and criteria prescribed 
by Executive Order 12044 and as imple¬ 
mented by interim Department of Transpor¬ 
tation guidelines (43 FR 9582; Mar. 8, 1978). 

Issued in Kansas City, Mo., on Sep¬ 
tember 5 1978. 

John E. Shaw, 
Acting Director , 
Central Region. 

[FR Doc. 78-25986 Filed 9-15-78; 8:45 am] 


[6320-01] 

CIVIL AERONAUTICS BOARD 

[14 CFR Ch. II] 

[EDR-347D, PDR-49D, Docket 322193 

U.S. CORPORATIONS WHICH DO NOT QUALI¬ 
FY AS A -CITIZEN OF THE UNITED STATES" 

Supplemental Advance Notice of Proposed 
Rulemaking 

September 11,1978. 
AGENCY: Civil Aeronautics Board. 

ACTION: Supplemental advance 

notice of proposed rulemaking. 

SUMMARY: This notice extends until 
October 23, 1978 the date for filing 
comments in a rulemaking proceeding 
involving (1) the correctness of the 
Board’s tentative legal ruling that U.S. 
corporations are citizens of the United 
States for the purposes of section 
408(a)(4) of the Federal Aviation Act, 
(2) to determine the extent and nature 
of the effect of such a ruling, and (3) 
to formulate possible regulatory solu¬ 
tions through rulemaking procedures 
for problems which may arise. The ex¬ 
tension was requested by British Air¬ 
ways. 

DATE: Comments by October 23,1978. 

FOR FURTHER INFORMATION 
CONTACT: 

Donald H. Horn, Routes Division, 
Office of the General Counsel, Civil 
Aeronautics Board, 1825 Connecticut 
Avenue NW., Washington, D.C. 
20428, 202-673-5206. 

SUPPLEMENTAL INFORMATION: 
By advance notice of proposed rule- 
making EDR-347/PDR-49, March 9, 
1978, (43 FR 10938 March 16, 1978), 
the Civil Aeronautics Board gave 
notice of its tentative legal conclusion 
that U.S. corporations are citizens of 
the United States for purposes of sec¬ 


tion 408(a)(4) of the Federal Aviation 
Act and requested comments on that 
tentative legal conclusion, including 
the nature and extent of the problems 
which may be created by finalizing 
that tentative conclusion, and what 
regulatory action might be taken to 
minimize those problems consistent 
with statutory objectives. Comments 
were requested to be filed by May 1, 
1978. By EDR-347A/PDR-49A (43 FR 
18196, April 28, 1978) the comment 
date was extended until June 30. 1978. 
By EDR-347B/PDR-49B (43 FR 
29011. July 5. 1978) the comment date 
was extended until July 31, 1978. By 
EDR-347C/PDR-49C (43 FR 32308, 
July 26, 1978) the comment date was 
extended until September 18,1978. 

On June 26. 1978, British Airways 
filed a motion for clarification of 
EDR-347/PDR-49 and requested that 
the due date for comments in this 
rulemaking be extended pending 
action on that motion. As it does not 
appear that British Airways’ motion 
will be acted upon before the current 
comment date (September 18, 1978), 
the undersigned finds good cause to 
grant the requested extension of time 
for filing comments. Accordingly, 
under authority delegated in 
§ 385.20(d) of the Board’s Organization 
Regulations (14 CFR 385.20(d)), the 
time for filing comments is extended 
to October 23, 1978. 

(Sec. 204(a) of the Federal Aviation Act of 
1958, as amended, 72 Stat. 743, 49 U.S.C. 
1324.) 

Richard B. Dyson, 
Acting Associate General 
Counsel, Rules Division. 

[FR Doc. 78-26220 Filed 9-15-78; 8:45 am] 


[6750-01] 

FEDERAL TRADE COMMISSION 

[16 CFR Pori 305] 

RULES FOR USING ENERGY COST AND CON¬ 
SUMPTION INFORMATION IN LABELING 
AND ADVERTISING OF CONSUMER APPLI¬ 
ANCES UNDER THE ENERGY POLICY AND 
CONSERVATION ACT 

Revised Schedule for Public Hearings and Sub¬ 
mission Dates on Proposed Rulemaking 

AGENCY: Federal Trade Commission. 

ACTION: Proposed rule; dates 

changed for public hearings and sub¬ 
missions. 

SUMMARY: On July 21, 1978, the 
Commission published in the Federal 
Register its notice of proposed rule- 
making regarding appliance energy 
cost labeling. Upon formal and infor¬ 
mal requests for extension of time, the 
presiding officer has rescheduled the 
public hearings and submission dates 
that were scheduled in the July 21 
notice. The notice of July 21, 1978, is 


FEDERAL REGISTER, VOL 43, NO. 181-MONDAY, SEPTEMBER 18, 1978 








41411 


hereby amended, but only to the 
extent necessary to incorporate the re¬ 
vised schedule and dates as contained 
herein. 

DATES: General written comments, 
hearing statements and exhibits must 
be received on or before October 2, 
1978. The hearings will begin on Octo¬ 
ber 12. 1978. The deadline for notifica¬ 
tion of desire to testify at hearings re¬ 
mains September 19.1978. 

ADDRESSES: Hearing location: Fed¬ 
eral Trade Commision Building, Room 
532. Washington. D.C. 

Written comments, exhibits and 
hearing statements should be submit¬ 
ted, in five copies when feasible, to 
Christopher W. Keller, Presiding Offi¬ 
cer, Federal Trade Commission, Wash¬ 
ington, D.C. 20580. These documents 
will be available for public inspection 
in the Public Reference Branch, Room 
130 of the Federal Trade Commission 
Building, Sixth Street and Pennsylva¬ 
nia Avenue NW., Washington, D.C. 

FOR FURTHER INFORMATION 
CONTACT: 

Andrew I. Wolf, 202-724-1453, Attor¬ 
ney, Bureau of Consumer Protec¬ 
tion, Federal Trade Commission, 

Washington, D.C. 20580. 

SUPPLEMENTARY INFORMATION: 
On July 21, 1978, the Commission pub¬ 
lished in the Federal Register a 
notice of proposed rulemaking to con¬ 
sider energy cost labeling of consumer 
appliances (43 FR 31806). The rule- 
making has been undertaken by the 
Commission pursuant to the Energy 
Policy and Conservation Act. The 
notice contained the text of the pro¬ 
posed rule and dates for the submis¬ 
sion of written comments, deadline for 
requests to testify and the date and lo¬ 
cation of public hearings. The Presid¬ 
ing Officer has determined, pursuant 
to the authority of section 1.13(cXl) 
of the Commission’s rules of practice 
(16 CFR 1.13(c)(1)), that a revision of 
the schedule and extension of certain 
deadlines is warranted for the orderly 
conduct of this proceeding. 

Accordingly, the schedule has been 
revised to allow an additional period 
for filing written comments and hear¬ 
ing statements; such comments and 
statements must be received by the 
presiding officer on or before October 
2, 1978. The hearings will begin at 9 
a.m. on October 12, 1978, In Room 532 
of the Federal Trade Commission 
Building, Pennsylvania Avenue at 
Sixth Street NW„ Washington, D.C. 
The deadline for notification of intent 
to appear at the hearings remains Sep¬ 
tember 19, 1978. (If possible, witnesses 
addressing a specific appliance catego¬ 
ry will be scheduled to testify on the 
same day as other witnesses associated 
with the same appliance category.) 


PROPOSED RULES 

Summary or Deadlines 

September 19, 1978: Requests to tes¬ 
tify at public hearings. 

October 2, 1978: All written com¬ 
ments, hearing statements (testimony) 
and exhibits. 

October 12, 1978: Hearings begin. 

Issued: September 12,1978. 

Christopher W. Keller, 
Presiding Officer. 

[FR Doc. 76-26245 Filed 9-15-78; 8:45 am) 


[ 4410 - 01 ] 

DEPARTMENT OF JUSTICE 

Parol* Commission 
[28 CFR Part 2] 

PAROLE, RELEASE, SUPERVISION, AND RE¬ 
COMMITMENT OF PRISONERS, YOUTH OF¬ 
FENDERS, AND JUVENILE DELINQUENTS 

Pro pot od Rulemaking 

AGENCY: UJS. Parole Commission. 
ACTION: Proposed rule. 

SUMMARY: This proposed rule pro¬ 
vides that all Federal prisoners eligible 
for parole would be afforded initial 
parole hearings within 120 days of 
their arrival at a Federal institution, 
with the sole exception that offenders 
whose sentences include minimum 
terms of 10 years or more would not 
be heard until just prior to completion 
of the minimum term. The proposal 
also requires the Commission to set a 
presumptive date of release for each 
prisoner at the initial hearing, if re¬ 
lease were warranted for a date not 
more than 10 years from the date of 
the hearing. These proposed modifica¬ 
tions are further extensions of the 
Commission’s present early hearing 
and presumptive date policy, and are 
designed to provide more certainty in 
the service of prison terms. 

DATE: Comments must be received by 
November 15, 1978. 

ADDRESS: Send comments to the 
U.S. Parole Commission, 320 First 
Street NW„ Washington, D.C. 20537; 
Attention: Office of the General 
Counsel. 

FOR FURTHER INFORMATION, 
CONTACT: 

Rockne Chickinell. Office of the 
General Counsel, telephone 202-724- 
3143. 

SUPPLEMENTARY INFORMATION: 

What the Proposal Would Do 

These proposed modifications would 
provide virtually all Federal prisoners 
eligible for parole with greater certain¬ 
ty in the service of their prison terms 
by: (1) Broadening the category of 
prisoners for whom the Commission 


conducts an initial parole hearing at 
the outset of confinement (120 days 
after arrival at a Federal institution); 
and (2) requiring the setting of a ’‘pre¬ 
sumptive date of release” following 
that initial hearing, provided that re¬ 
lease is feasible (under the criteria set 
forth at 18 U.S.C. 4206) within 10 
years of the initial hearing. If more 
than 10 years of confinement were to 
be required, a presumptive date would 
not be set and the prisoner would be 
given a de novo reconsideration hear¬ 
ing at the 10-year point to see if a pre¬ 
sumptive release date could be set at 
that time. However, in no case would 
presumptive release be set for a date 
prior to completion of any court-im¬ 
posed minimum term of parole ineligi¬ 
bility. 

Under the proposal, interim review 
hearings would be held at the statu¬ 
torily required intervals of 24 or 18 
months, for as long as the prisoner re¬ 
mained in confinement (18 U.S.C. 
4208(h)). However, the first interim 
hearing would be deferred until the 
prisoner reached parole eligibility, if a 
minimum term were imposed. 

Thus, the proposal would provide 
prisoners with greater certainty (i.e., 
determinacy) in the service of their 
sentences by informing them at the 
outset of confinement of the actual 
duration of the prison term they must 
serve (contingent upon continued good 
conduct and the development of a suit¬ 
able release plan). This procedure 
would facilitate long-range release 
planning, and avoid the psychological 
stresses associated with uncertainty as 
to the ultimate date of release. It is 
important to note, in addition, that 
this proposal would be an extension of 
the Commission’s present presumptive 
release date policy which already 
covers the major part of the Federal 
prison population by permitting the 
setting of presumptive dates up to 4 
years in advance of actual release. 

Implementation 

The procedures described above 
would apply to all prisoners sentenced 
on or after the effective date of the 
final rule. (This would not include sen¬ 
tence modifications under rule 35. 
Federal Rules of Criminal Procedure, 
in the case of prisoners sentenced 
prior to the effective date of the rule.) 

Prisoners sentenced prior to the ef¬ 
fective date would continue to receive 
their initial hearings pursuant to the 
existing rule. The existing rule pro¬ 
vides an early parole hearing for all 
prisoners whose sentences carry no 
minimum term, and all prisoners with 
sentences of less than 7 years regard¬ 
less if there is a minimum term. Pris¬ 
oners with sentences of 7 years or 
more who have minimum terms to 
serve do not receive Initial hearings 
until Just prior to completion of the 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 










41412 


PROPOSED RULES 


minimum term. See 28 CFR 2.12 (a) 
and (b) at 42 FR 39811 (Aug. 5, 1977). 

However, at all initial hearings held 
after the effective date of these rules, 
a presumptive date would be set pur¬ 
suant to the proposed procedures (up 
to 10 years in advance) and not under 
the existing rule, which carries a 4- 
year limit. See CFR 2.1'2(c) at 42 FR 
39811 (Aug. 5. 1977). 

In the case of a prisoner who has al¬ 
ready had his initial hearing, but was 
continued to a 4-year reconsideration 
hearing, the Commission would en¬ 
deavor to set a presumptive date pur¬ 
suant to the proposed procedures (i.e.. 
up to 10 years in advance) at the next 
scheduled hearing in that prisoner’s 
case (statutory interim or 4-year re¬ 
consideration hearing). An interim 
hearing in such a case will be conduct¬ 
ed in lieu of (and pursuant to the same 
procedures as), the previously sched¬ 
uled 4-year reconsideration hearing. 
The same procedure would be followed 
in the case of review hearings for pris¬ 
oners who have not been considered 
for parole under the existing presump¬ 
tive date policy. 

The texts of the rule changes neces¬ 
sary to effect this policy w T ould be the 
following: 

1. Paragraphs (a) and (b) of §2.12 
would be revised as follows: 

§2.12 Initial hearings: Setting presump¬ 
tive release dates. 

(a) An initial hearing shall be con¬ 
ducted within 120 days of a prisoner’s 
arrival at a Federal institution or as 
soon thereafter as practicable, except 
that in the case of a prisoner with a 
minimum term of parole ineligibility 
of 10 years or more, the initial hearing 
shall be conducted at least 30 days 
prior to the completion of such mini¬ 
mum term, or as soon thereafter as 
practicable. 

(b) Following initial hearing* the 
Commission shall set a presumptive 
release date (either by parole or by 
mandatory release): Provided, That 
such date falls within 10 years of the 
initial hearing, or set an effective date 
of parole as defined in § 2.1(h). If re¬ 
lease is not found warranted, the Com¬ 
mission shall continue the prisoner to 
a 10-year reconsideration hearing pur¬ 
suant to § 2.14(c). 

• • * • • 

2. Paragraphs (a) and (c) of §2.14 
would be revised as follows: 

§ 2.14 Subsequent proceedings. 

(a) Interim proceedings. The pur¬ 
pose of an interim proceeding required 
by 18 U.S.C. 4208(h) shall be to consid¬ 
er any significant developments or 
changes in the prisoner’s status that 
may have occurred subsequent to the 
initial hearing. ' 


(1) Notwithstanding a previously or¬ 
dered presumptive release date or 10- 
year reconsideration hearing, interim 
hearings shall be conducted by an ex¬ 
aminer panel pursuant to the proce¬ 
dures of §2.13 (b), (c), (e), and (f) at 
the following intervals from the date 
of the last hearing: 

(1) In the case of a prisoner with a 
maximum term or terms of less than 7 
years, every 18 months (until re¬ 
leased). 

(ii) In the case of a prisoner with a 
maximum term or terms of 7 years or 
more, every 24 months (until re¬ 
leased). 

(2) However, in the case of a prison¬ 
er with an unsatisfied minimum term, 
the first interim hearing shall be de¬ 
ferred until the docket of hearings im¬ 
mediately preceding completion of the 
minimum term. 

(3) Following an interim hearing, 
the Commission may: 

(i) Order no change in the previous 
decision; 

(ii) Advance a presumptive release 
date, or the date of a 10-year reconsid¬ 
eration hearing. However, it shall be 
the policy of the Commission that 
once set, a presumptive release date or 
the date of a 10-year reconsideration 
hearing shall not be advanced except 
under clearly exceptional circum¬ 
stances; 

• • • • • 

(c) Ten-year reconsideration hear¬ 
ings. A 10-year reconsideration hear¬ 
ing shall be a full reassessment of the 
case pursuant to the procedures of 
§2.13 to determine whether the set¬ 
ting of a presumptive release date 
would be appropriate at that time. 

(1) A 10-year reconsideration hear¬ 
ing shall be ordered following the ini¬ 
tial hearing in any case in which a re¬ 
lease date is not set. 

(2) Following a 10-year reconsider¬ 
ation hearing, the Commission may: 

(i) Set a presumptive release date, if 
such within 10 years of the hearing; or 

(ii) Continue the prisoner to a fur¬ 
ther 10-year reconsideration hearing if 
no presumptive release date is set. 

Dated: September 11,1978. 

Cecil C. McCall, 
Chairman, 

U.S. Parole Commission. 
[FR Doc. 78-26165 Filed 9-15-78; 8:45 am] 


[ 4910 - 14 ] 

DEPARTMENT OF TRANSPORTATION 

Coatt Guard 
[33 CfR Part 117] 

[CDG 78-107] 

DRAWBRIDGE OPERATION REGULATIONS 
Blynman Canal, Mast. 

AGENCY: Coast Guard, DOT. 

ACTION: Proposed rule. 

SUMMARY: At the request of the city 
of Gloucester, the Coast Guard is con¬ 
sidering changing the regulations gov¬ 
erning the drawbridge across the Blyn¬ 
man Canal, Gloucester, Mass., by per¬ 
mitting the draw to remain closed 
during certain periods. This proposal 
is being made to accommodate periods 
of peak vehicular traffic. This action 
will accommodate the needs of vehicu¬ 
lar traffic while still providing for the 
reasonable needs of navigation. 

DATE: Comments must be received on 
or before October 20,1978. 

ADDRESS: Comments should be sub¬ 
mitted to and are available for exami¬ 
nation at the office of the Commander 
(obr). First Coast Guard District, 150 
Causeway Street, Boston Mass. 02114. 

FOR FURTHER INFORMATION 
CONTACT: 

Frank L. Teuton, Jr.. Chief, Draw¬ 
bridge Regulations Branch (G- 
WBR/73), Room 7300, Nassif Build¬ 
ing. 400 Seventh Street SW., Wash¬ 
ington, D.C., 20590, 202-426-0942. 

SUPPLEMENTARY INFORMATION: 
Interested persons are invited to par¬ 
ticipate in this proposed rulemaking 
by submitting written views, com¬ 
ments, data or arguments. Persons 
submitting comments should include 
their name and address, identify the 
bridge, and give reasons for concur¬ 
rence with or any recommended 
change in the proposal. 

The Commander, First Coast Guard 
District, will forward any comments 
received with his recommendations to 
the Chief, Office of Marine Environ¬ 
ment and Systems, U.S. Coast Guard 
Headquarters, Washington, D.C., who 
will evaluate all communications re¬ 
ceived and recommend a course of 
final action to the Commandant on 
this proposal. The proposed regula¬ 
tions may be changed in the light of 
comments received. 

Drafting Information 

The principal persons involved in 
drafting this proposal are: Frank L. 
Teuton, Jr., Project Manager, Office 
of Marine Environment and Systems, 
and Lieutenant G. S. Karavitis, Proj¬ 
ect Attorney, Office of the Chief 
Counsel. 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 





PROPOSED RULES 


41413 


Discussion op the Proposed 
Regulations 

This proposal is being made in an 
effort to reduce the congestion of both 
land and water transportation during 
the tourist season. The Blynman 
Canal is at the southern portion of the 
Annisquam River. During the summer 
months the drive around Gloucester 
Harbor or a cruise along the Annis¬ 
quam River are popular attractions. 
Unrestricted openings of the Blynman 
Canal drawbridge cause vehicles to 
back up and unrestricted closures 
would cause vessels to back up. This 
proposal, by scheduling bridge open¬ 
ings, is intended to provide for the 
more orderly passage of vessels and 
improve vehicular traffic. 

The request from the city of Glou¬ 
cester would have required the draw 
to open at any time for the passage of 
commercial fishing vessels. The Coast 
Guard feels that this is inconsistent 
with the purpose of the basic request 
and this portion of the proposal is 
therefore rejected at this time. 

In consideration of the foregoing, it 
is proposed that Part 117 of title 33 of 
the Code of Federal Regulations be 
amended by adding a new § 117.62 im¬ 
mediately after § 117.60 to read as fol¬ 
lows: 

PART 117—DRAWBRIDGE OPERATION 
REGULATIONS 

§ 117.62 Gloucester Harbor (Blynman 

Canal), Mass., Department of Public 

Works Highway Bridge. 

(a) From May 15 through October 
15, from 6 a.m. to 8 p.m., the draw 
shall open once an hour on the half- 
hour for no more than 15 minutes for 
the passage of vessels. At all other 
times the draw shall open on signal. 

(b) The owner of or agency control¬ 
ling the bridge shall conspicuously 
post on both the upstream and down¬ 
stream sides of the bridge a resume of 
these regulations in such a manner 
that it can easily be read from an ap¬ 
proaching vessel at any time. 

(Sec. 5, 28 Stat. 362, as amended, sec. 
6(g)(2), 80 Stat. 937; (33 U.S.C. 499, 49 
U.S.C. 1655(g)(2)); 49 CFR 1.46(cX5)). 

Note.— The Coast Guard has determined 
that this document does not contain a 
major proposal requiring preparation of an 
economic impact statement under Executive 
Order 11821. as amended, and OMB Circu¬ 
lar A-107. 

Dated: September 11, 1978. 

J.B. Hayes, 

Admiral U.S. Coast Guard, 
Commandant 
(PR Doc. 78-26234 Filed 9-15-78; 8:45 am] 


[ 4910 - 14 ] 

[33 CFR Part 1171 

[CGD 78-1121 

DRAWBRIDGE OPERATION REGULATIONS 
Sheboygan River, Wisconsin 

AGENCY: Coast Guard, DOT. 
ACTION: Proposed rule. 

SUMMARY: At the request of Dono¬ 
hue and Associates, Inc., on behalf of 
the city of Sheboygan, Wis., the Coast 
Guard is considering changing the reg¬ 
ulations governing the Eighth Street 
bridge across the Sheboygan River. 
This proposal is being made to accom¬ 
modate periods of peak vehicular traf¬ 
fic. This action should accommodate 
the needs of vehicular traffic while 
still providing for the reasonable 
needs of navigation. 

DATE: Comments must be received on 
or before October 20,1978. 

ADDRESS: Comments should be sub¬ 
mitted to and are available for exami¬ 
nation at the office of the Commander 
(obr), Ninth Coast Guard District, 
1240 East Ninth Street, Cleveland. 
Ohio 44199. 

FOR FURTHER INFORMATION 
CONTACT: 

Frank L. Teuton, Jr., Chief, Draw¬ 
bridge Regulations Branch (G- 
WBR/73). Room 7300, Nassif Build¬ 
ing, 400 Seventh Street SW., Wash¬ 
ington, D.C. 20590, 202-426-0942. 

SUPPLEMENTARY INFORMATION: 
Interested persons are invited to par¬ 
ticipate in this proposed rulemaking 
by submitting written views, com¬ 
ments, data or arguments. Persons 
submitting comments should include 
their name and address, identify the 
bridge, and give reasons for concur¬ 
rence with or any recommended 
change in the proposal. 

The Commander, Ninth Coast 
Guard District, will forward any com¬ 
ments received with his recommenda¬ 
tions to the Chief, Office of Marine 
Environment and Systems, U.S. Coast 
Guard Headquarters, Washington. 
D.C., who will evaluate all communica¬ 
tions received and recommend a 
course of final action to the Comman¬ 
dant on this proposal. The proposed 
regulations may be changed in the 
light of comments received. 

Drafting Information 

The principal persons involved in 
drafting this proposal are: Frank L. 
Teuton, Jr., Project Manager, Office 
of Marine Environment and Systems, 
and Lieutenant G. S. Karavitis, Proj¬ 
ect Attorney, Office of the Chief 
Counsel. 


Discussion of the Proposed 
Regulations 

Presently, the bridge opens on signal 
between 6 a.m. and 10 p.m. daily from 
1 May through 30 October and upon 
two hours advance notice all other 
times of the year. The proposed oper¬ 
ating regulations would require the 
following 15 and 30 minute opening in¬ 
tervals, between the hours of 6 a.m. 
and 7 p.m. 

15 Minute Intervals 

6 a.m. to 8 a.m. 

9 a.m. to 12 noon. 

1 p.m. to 4 p.m. 

6 p.m. to 7 p.m. 

7 p.m. to 10 p.m. open on signal. 

30 Minute Intervals 

8 a.m. to 9 a.m. 

12 noon to 1 p.m. 

4 p.m. to 6 p.m. 

The original request was changed 
from 15 minute intervals from 6 p.m. 
to 10 p.m. to 15 minute intervals be¬ 
tween 6 p.m. to 7 p.m. and open on 
signal from 7 p.m. to 10 p.m. in order 
to give the mariner better service 
during the twilight hours. Donohue 
and Associates, Inc., and the city of 
Sheboygan agree with this change 
since it is a better service to the mari¬ 
ner and poses no unreasonable delay 
in vehicular traffic. 

The purpose of these regulations is 
to eliminate vehicle traffic tie-ups 
during peak traffic hours. 

Analysis of the bridge tender logs 
and traffic counts indicate that the re¬ 
quested operating regulations would 
not pose an unreasonable restriction 
to navigation. 

In consideration of the foregoing, it 
is proposed that part 117 of title 33 of 
the Code of Federal Regulations be 
amended by revising § 117.652(a) to 
read as follows: 

FART 117—DRAWBRIDGE OPERATION 
REGULATIONS 

$117,652 Sheboygan River, Wis.; Eighth 
Street Bridge at Sheboygan, Wis. 

a. From May 1 through October 30 
the draw shall open on signal except 
that: 

(1) From 6 a.m. to 8 a.m., 9 a.m. to 12 
noon, 1 p.m. to 4 p.m., and 6 p.m. to 7 
p.m. the draw need open to navigation 
only on the hour, quarter-hour, half- 
hour, and three-quarters hour. 

(2) From 8 a.m. to 9 a.m., 12 noon to 
1 p.m. and 4 p.m. to 6 p.m. the draw 
need open to navigation only on the 
hour and half-hour. 

(3) Public vessels, vessels in distress, 
and state or local government vessels 
used for public safety shall be passed 
through the draw of this bridge as 
soon as possible at any time even 
though the closed periods may be in 
effect. The signal from these vessels is 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 







41414 

four blasts of a whistle, horn, or by 
shouting. 

• • • • • 

(Sec. 5, 28 8tat. 362, as amended, sec. 
6(g)(2). 80 Stat. 937 (33 U.S.C. 499, 49 U.S.C. 
1655(g)(2)); 49 CFR 1.46(c)(5).) 

Note.— The Coast Guard has determined 
that this document does not contain a 
major proposal requiring preparation of an 
economic Impact statement under Executive 
Order 11821, as amended, and OMB Circu¬ 
lar A-107. 

Dated: September 12,1978. 

J. B. Hayes, 

Admiral, U.S. Coast Guard 
Commandant 
CFR Doc. 78-26236 Filed 9-15-78; 8:45 am] 


[ 4310 - 70 ] 

DEPARTMENT OF THE INTERIOR 

Notional Pork Sorvko 
(36 CFR Port 28] 

FIRE ISLAND NATIONAL SEASHORE, N.Y. 
Zoning Stcndords 

AGENCY: National Park Service, Inte¬ 
rior. 

ACTION: Proposed rule. 

SUMMARY: The proposed standards 
set forth below are a revision of the 
existing zoning standards (promulgat¬ 
ed in 1966) for communities within the 
boundaries of Fire Island National 
Seashore. These revisions are neces¬ 
sary to guide private development uses 
and to promote the protection and de¬ 
velopment of land within the seashore 
boundary in a manner consistent with 
the purposes of Pub. L. 88-587, the 
1964 Act authorizing the establish¬ 
ment of the seashore. The authority 
to implement these standards is set 
forth in the Act, which directs the 
Secretary of the Interior to issue regu¬ 
lations, which may be amended from 
time to time, specifying standards for 
local zoning ordinances that are con¬ 
sistent with the purposes of the Sea¬ 
shore Act. These revisions reflect and 
are consistent with the management 
objectives set forth in the recently ap¬ 
proved 1978 General Management 
Plan for Fire Island National Sea¬ 
shore. 

DATES: Written comments, sugges¬ 
tions, or objections regarding this pro¬ 
posal will be accepted until October 
18, 1978. 

ADDRESS: Comments should be di¬ 
rected to: Superintendent, Fire Island 
National Seashore, 120 Laurel Street, 
Patchogue, N.Y. 11772. 

FOR FURTHER INFORMATION 
CONTACT: 

Richard W. Marks, Superintendent, 
Fire Island National Seashore, tele¬ 
phone: 516-289-4810. 


PROPOSED RULES 

SUPPLEMENTARY INFORMATION: 

Background 

The enabling legislation for Fire 
Island National Seashore provides a 
special status for the delineated com¬ 
munities (often called “exempt com¬ 
munities”) within the seashore bound¬ 
aries. Under this legislation, existing 
and future private development in 
these communities is exempt from 
condemnation by the National Park 
Service so long as local zoning authori¬ 
ties have in effect zoning ordinances 
which are satisfactory to the Secre¬ 
tary of the Interior. To implement 
this legislation, the Secretary is direct¬ 
ed to issue regulations which specify 
zoning standards consistent with the 
purposes of the Act, and to subse¬ 
quently approve local zoning ordin¬ 
ances submitted to him which conform 
to those standards. Exemption from 
condemnation is provided the owners 
of property in the delineated commu¬ 
nities only when an approved zoning 
ordinance is in effect in the appropri¬ 
ate town or village. In addition, in 
those instances where an approved or¬ 
dinance is in effect, a property owner’s 
exempted status may be removed if 
the property is the subject of a vari¬ 
ance or special exception which the 
Secretary determines is inconsistent 
with the standards. 

In the area within the seashore 
boundaries that is outside of the 
exempt communities, the Secretary 
may not, with one exception, acquire 
improved properties without the con¬ 
sent of the owner for so long as an ap¬ 
proved zoning ordinance is in effect 
and no variances or special exceptions 
are granted above the objection of the 
Secretary. The exception to this limi¬ 
tation is in the area extending from 
Davis Park to the westerly boundary 
of Smith Point County Park, where 
the Secretary may acquire improved 
properties to achieve the purposes of 
the Act. 

The original zoning standards pro¬ 
mulgated by the Secretary under the 
Act were issued in 1966, and are in 
effect today. Of the four local zoning 
authorities involved, only the town of 
Islip submitted a zoning ordinance 
which received approval by the Secre¬ 
tary. The village of Saltaire submitted 
an ordinance on which no formal 
action was taken (pending completion 
of the general management plan), and 
the village of Ocean Beach and the 
town of Brookhaven did not submit or¬ 
dinances. 

With the formal approval of the 
general management plan in March of 
1978, a protracted planning effort 
spanning about 7 years has reached 
fruition. During this period numerous 
options and proposals for management 


of the seashore were considered, and 
an extensive public involvement pro¬ 
gram conducted. The issue of zoning 
standards was thoroughly aired, and a 
general consensus reached on an ap¬ 
proach that was acceptable to the gen¬ 
eral public and which satisfied the re¬ 
quirements of the Seashore Act. The 
general management plan sets forth 
the basic elements of a revised zoning 
standard for Fire Island National Sea¬ 
shore, and the impacts of those pro¬ 
posals are discussed in the final envi¬ 
ronmental statement which accompa¬ 
nies the plan. With a general manage¬ 
ment plan in hand, and general sup¬ 
port of the public for its policies, the 
National Park Service now anticipates 
that the four local jurisdictions will 
move to submit acceptable zoning or¬ 
dinances to the Secretary for his ap¬ 
proval, thus for the first time fully 
putting into effect the mechanisms for 
control of private development within 
the boundaries of the seashore envi¬ 
sioned in the 1964 Seashore Act. 

Areas Affected 

These regulations are intended to 
apply to all privately owned lands 
within the boundary of Fire Island Na¬ 
tional Seashore. This includes lands 
within the “exempted communities” 
delineated on the official Fire Island 
National Seashore boundary map 
numbered OGP-002, dated June 1964, 
as it may be amended from time to 
time, and all other lands within the 
seashore boundaries in Brookhaven 
and Islip towns which lie outside of 
these communities. 

Zoning Standards 

The proposed zoning standards set 
forth below build upon the foundation 
of the original zoning standards pro¬ 
mulgated in 1966, but are modified 
and supplemented to provide increased 
protection for lands within the sea¬ 
shore, consistent with the purposes of 
the Seashore Act. These standards re¬ 
flect the intent of the Act to guide the 
nature of private development rather 
than prohibit development altogether. 
The basic elements of the standards 
include orientation to single family 
residential use, strict control over in¬ 
creased commercial and industrial 
uses, protection of the fragile primary 
dune area, and limitations on popula¬ 
tion density. 

A significant change in format from 
the existing zoning standards is the 
elimination of the terms “Seashore 
District” and “Development District” 
in the proposed standards. To elimi¬ 
nate redundancy and increase the clar¬ 
ity of the standards, these terms are 
no longer used. However, the distinc¬ 
tion between private lands within and 
those outside of the “exempt commu¬ 
nities” is retained, as it is clear that 
the Act limits additional private devel- 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 






PROPOSED RULES 


41415 


opment to only the area within the 
communities. The proposed regula¬ 
tions are intended to conserve and pre¬ 
serve land and water resources, conso¬ 
nant with the purposes of the Sea¬ 
shore Act. The regulations include 
standards for acreage, frontage, and 
setback requirements, maximum per¬ 
centage of lot occupancy and total 
floor area, maximum building height, 
and maximum numbers of kitchens 
and bathrooms per residence. These 
standards are intended to guide future 
residential development along environ¬ 
mentally acceptable patterns, to pre¬ 
vent over development of building lots, 
to preserve adequate open spaces in 
residential communities, to protect es¬ 
thetic values, to discourage multiple 
dwelling use of residential structures 
designed for single family uses, and to 
lessen human impacts on ground 
water supply and sewage disposal sys¬ 
tems. To preserve the traditional char¬ 
acter of Fire Island communities and 
to protect environmental values, the 
regulations prohibit the construction, 
conversion, or expansion of multiple 
dwellings and guest houses, and the 
construction of inground swimming 
pools. Increased commercial uses are 
allowed only by special permit of the 
town or village board under the pro¬ 
posed regulations, and such applica¬ 
tions will be reviewed by the Secretary 
to determine whether proposed uses 
are consistent with the purposes of 
the Seashore Act. The standards also 
provide for accessory uses consistent 
with the character of the island com¬ 
munities. 

The proposed regulations also re¬ 
quire that the towns and villages 
within the seashore have in effect 
flood damage prevention regulations, 
subdivision limitations, specified sign 
control standards, and general envi¬ 
ronmental protection controls on 
burning, dumping, and excavating. 
These regulations will insure protec¬ 
tion of environmental and esthetic 
values, as well as promote the public 
health, safety, and general welfare. 

Reflecting the increased public and 
scientific awareness of the important 
protective functions of dunes, the pro¬ 
posed standards require that each of 
the towns or villages have in effect a 
special dune protection district which 
prohibits construction in the area ex¬ 
tending from the mean high tide line 
to 40' landward of the primary dune 
crest. This standard is intended to pro¬ 
tect Fire Island's fragile dunes from 
the adverse impacts of construction 
and related human activities. 

The final element of the proposed 
standards requires that each of the 
towns and villages adopt certain proce¬ 
dural standards which insure that the 
seashore is apprised of applications for 
permits requiring variances, and of the 


formal disposition of those applica¬ 
tions by the town or village authority. 

The general management plan for 
Fire Island National Seashore suggests 
the creation of a special wetlands dis¬ 
trict on Fire Island. However, in depth 
investigation of this issue had led to 
the conclusion that this suggestion 
need not be implemented. The provi¬ 
sions of the New York State Tidal 
Wetlands Act (Article 25 of the Envi¬ 
ronmental Conservation Law) are in¬ 
tended to regulate and protect the use 
of coastal wetland resources. As 
mapped by the New York State De¬ 
partment of Environmental Conserva¬ 
tion under §661.27 of the Tidal Wet- 
lands-Land Use regulations, only one 
community on Fire Island contains a 
significant wetland, which is the Clam 
Pond area in Saltaire; minmal wet¬ 
lands are found in Point O’Woods and 
Davis Park. Sections 661.17 (state¬ 
ments by the public) and 661.36 (judi¬ 
cial review) of these regulations, and 
comparable provisions in the Tidal 
Wetlands Act, are adjudged to provide 
sufficient opportunity for National 
Seashore involvement in wetlands reg¬ 
ulation and protection of Fire Island. 
Therefore the proposed zoning regula¬ 
tions do not specifically address the 
wetlands issue. In addition, existing 
seashore authority to condemn prop¬ 
erty where variances are granted may, 
in certain situations, provide addition¬ 
al protection for wetland lots, should 
direct Federal purchase be warranted. 

Public Participation 

It is the policy of the Department of 
the Interior, to the extent possible, to 
permit public participation in the rule- 
making processe. Accordingly, inter¬ 
ested persons are invited to submit 
written comments, suggestions, or ob¬ 
jections on this proposal. All such 
comments received will be reviewed to 
determine whether changes should be 
made in these regulations. Comments 
should be directed to the Superintend¬ 
ent, as specified in the address section 
of this notice. In addition, the Super¬ 
intendent will be available to meet 
with interested individuals or groups 
to discuss the proposed regulations 
during the public comment period. 

Implementation Date 

It is anticipated that the revised reg¬ 
ulations will become effective on Octo¬ 
ber 1, 1978. 

Authority 

Section 3 of the act of August 25. 
1916, 39 Stat. 535, as amended (16 
U.S.C. 3); Section 3 of the act of Sep¬ 
tember 11, 1964, 78 Stat. 930 (16 U.S.C. 
459(e-2); 245 DM-1 (42 FR 12931) as 
amended, and National Park Service 
Order No. 77 (38 FR 7478) as amended. 


Drafting Information 

The following persons participated 
in the writing of these regulations: 
Richard W. Marks and John P. Debo, 
Fire Island National Seashore: and 
Peter Koff, Office of the Solicitor, 
Boston, Mass. 

Note.— The National Park Service has de¬ 
termined that this document does not con¬ 
tain a major proposal requiring preparation 
of an Economic Impact Statement under 
Executive Order 11821 and OMB Circular 
A-107. 

Dated: September 12, 1978. 

Richard W. Marks, 
Superintendent, 
Fire Island National Seashore, 

In consideration of the foregoing, it 
is proposed that Part 28 of Title 36, 
Code of Federal Regulations, be re¬ 
vised as follows: 

Sec. 

28.1 Introduction. 

28.2 General provision. 

28.3 Development standards. 

28.4 Variances and exceptions. 

Authority: Secs, of the Act of August 25, 
1916, 39 Stat. 535, as amended (16 U.S.C. 3): 
sec. 3 of the Act of September 11, 1964, 78 
Stat. 930 (16 U.S.C. 459<e-2); 245 DM-1 <42 
FR 12931) as amended, and National Park 
Service Order No. 77 (38 FR 7478) as amend¬ 
ed. 

§ 28.1 Introduction. 

(a) In administering, protecting, and 
developing the Fire Island National 
Seashore (hereinafter also referred to 
as the Seashore), and the Secretary of 
the Interior (hereinafter referred to as 
the Secretary), are required to be 
guided by the provisions of the Act of 
September 11, 1964 (78 Stat. 928), and 
the applicable provisions of the laws 
relating to the National Park System. 
The Secretary, further, may utilize 
any other statutory authority availa¬ 
ble to him for the conservation and de¬ 
velopment of natural resources to the 
extent he finds that such authority 
will further the purposes of the said 
Act of September 11, 1964. 

(b) To the extent consistent with the 
aforesaid Act of September 11, 1964, 
development and management of the 
Fire Island National Seashore will be 
conducted in a manner to assure the 
conservation of its natural resources 
and the widest possible public use, un¬ 
derstanding and enjoyment of its nat¬ 
ural and scientific features. This con¬ 
templates a broad range of outdoor 
recreational activities, including, but 
not limited to, hiking, boating, swim¬ 
ming, fishing, picnicking, nature study 
or beachcombing, and any such activi¬ 
ties that shall be compatible with wise 
resource management and the physi¬ 
cal capabilities of the seashore. 

(c) The Secretary may not acquire 
by condemnation any privately owned 


FEDERAL REGISTER, VOL 43, NO. 181— MONDAY, SEPTEMBER 18, 1978 






41416 


PROPOSED RULES 


“improved property” (defined in para¬ 
graph (e) of this section), or interests 
therein within the boundaries of the 
Seashore, for so long as the appropri¬ 
ate local zoning agency shall have in 
fdrce and applicable to such property 
a duly adopted, valid zoning ordinance 
that is satisfactory to the Secretary. 
An exception to this limitation on the 
power of the Secretary to condemn 
improved property shall be in the ap¬ 
proximately 8-mile area in the town of 
Brookhaven, from the easterly bound¬ 
ary of Davis Park to the westerly 
boundary of the Smith Point County 
Park, where the Secretary may ac¬ 
quire land or improvements by this 
means if he deems it advisable for car¬ 
rying out the terms of the Act of Sep¬ 
tember 11, 1964, or to improve the con¬ 
tiguity of park land and ease its ad¬ 
ministration. Improved property 
owners within such 8-mile area have 
certain elections under section 3(e) of 
that act if their property is taken for 
these purposes. The Secretary may ac¬ 
quire, by condemnation or other 
means, any beach or waters and such 
adjoining land as he determines is nec¬ 
essary for access to the beach or 
waters. 

(d) [Reserved] 

(e) As used herein, “improved prop¬ 
erty” means any building, the con¬ 
struction of which was begun prior to 
July 1, 1963. together with such 
amount of land on which said building 
is situated as the Secretary considers 
reasonably necessary to the use of said 
building not, however, to exceed 2 
acres in the case of a residence or 10 
acres in the case of a commercial or in¬ 
dustrial use. The Secretary may ex¬ 
clude from such “improved property” 
any beach or waters, as well as land 
adjoining such beach or waters, which 
he deems necessary for public access 
thereto. 

(f) The regulations in this part are 
designed to establish minimal stand¬ 
ards to which local zoning ordinances 
for the Fire Island National Seashore 
must conform if certain improved 
properties and properties within the 
delineated communities are to be 
exempt from acquisition by condemna¬ 
tion. These standards are intended: 

(1) To prohibit new commercial or 
industrial uses of all property within 
the Seashore, other than uses which 
the Secretary considers are consistent 
with the purposes of the act establish¬ 
ing the seashore; and. 

(2) To promote the protection and 
development of the land within the 
Seashore in keeping with the purposes 
of that act by means of acreage, front¬ 
age, setback requirements, and other 
such environmental protection con¬ 
trols. 

(g) Following promulgation of the 
regulations in this part in final form, 
the Secretary is required to approve 


any zoning ordinances or amendments 
to approved zoning ordinances submit¬ 
ted to him which conform to the 
standards set forth. He may not, how¬ 
ever, approve any ordinance or amend¬ 
ment thereto which: 

(1) Contains any provision that he 
considers adverse to the protection 
and development of the area compris¬ 
ing the Seashore; or, 

(2) Fails to provide that the Secre¬ 
tary shall receive notice of any vari¬ 
ance granted under, or any exception 
made to, the application of such ordi¬ 
nance or amendment. 

(h) Nothing contained in the regula¬ 
tions in this part or in the zoning or¬ 
dinances or amendments adopted pur¬ 
suant to such regulations for the area 
within the Seashore shall preclude the 
Secretary from exercising his power of 
condemnation with respect to: 

(1) Any property not within the defi¬ 
nition of “improved property”, 

(2) Property within the 8-mile area 
between the eastern boundary of 
Davis Park and the westerly boundary 
of the Smith Point County Park; or, 

(3) Any other property—including 
“improved property” and property 
within the delineated communities—if 
the appropriate local zoning agency 
does not have in force and applicable 
to such property, zoning ordinances 
that are satisfactory to the Secretary, 
or if a property owner fails to comply 
with the conditions, requirements, and 
restrictions contained in the regula¬ 
tions in this part and in zoning ordin¬ 
ances approved by the Secretary. 

Nor shall these regulations preclude 
the Secretary from otherwise fulfilling 
the responsibilities vested in him by 
the act authorizing establishment of 
the seashore or by the Act of August 
25, 1916 (39 Stat. 535), as amended and 
supplemented. 

§ 28.2 General provisions. 

Following issuance of the regula¬ 
tions in this part, the towns and vil¬ 
lages wholly or partially within the 
Seashore boundaries shall submit to 
the Secretary for his approval, all 
zoning ordinances and amendments 
thereto which are in force and applica¬ 
ble to property within the seashore 
and which demonstrate conformity 
with the standards in the regulations 
in this part. The submissions shall in¬ 
clude any ordinances and amendments 
in effect prior to the issuance of these 
regulations which demonstrate such 
conformity and any that have been 
adopted to implement the regulations 
in this part. 

§ 28.3 Development standards. 

(a) Definition. These standards shall 
apply to all privately owned lands 
within the boundary of Fire Island Na¬ 
tional Seashore, including lands 
within the “exempt communities” de¬ 


lineated on the official Fire Island Na¬ 
tional Seashore boundary map num¬ 
bered OGP-0002 as it may be amended 
from time to time, and all other lands 
within the Seashore boundaries in 
Brookhaven and Islip towns which lie 
outside of those communities. 

(b) Zoning ordinances in effect or 
adopted for lands within the seashore 
boundaries shall conform to the gener¬ 
al and specific standards prescribed in 
the regulations in this part, shall be 
consistent with the objectives and pur¬ 
poses of the Act of September 11, 
1964, (78 Stat. 928), so that to the 
extent possible under New York law- 
natural resources and values will be 
preserved and protected and any uses 
within the Seashore will be in accord 
with the purposes of the Seashore. 
From time to time these standards will 
be reviewed and. if necessary, revised 
through the issuance of amended reg¬ 
ulations. 

(c) To implement the Act the Secre¬ 
tary of the Interior shall approve 
zoning ordinances submitted to him 
which include the following minimum 
standards: 

(1) Maximum plot occupancy not to 
exceed 25 percent for principle struc¬ 
tures and 5 percent for accessory 
structures (storage sheds, decks, swim¬ 
ming pools, tennis courts, etc.), exclud¬ 
ing access walks and bicycle racks, 

(2) Maximum total floor area (in¬ 
cluding separate floor levels), not to 
exceed 30 percent of the total plot 
area, 

(3) Maximum building height not to 
exceed 28 feet, measured from average 
ground level to average roofline eleva¬ 
tion (excluding chimneys, flagpoles, 
and other similar projections, 

(4) Maximum of one kitchen and 
two bathrooms per residential struc¬ 
ture, 

(5) A prohibition on the construc¬ 
tion, or expansion of apartment or 
other multiple dwellings or conversion 
of existing structures to those pur¬ 
poses. 

(6) A prohibition on the construction 
or expansion of guest houses, or con¬ 
version of existing structures to those 
purposes. 

(7) A prohibition on the subdivision 
of plots into lots which do not meet 
the requirements of existing zoning or¬ 
dinances, 

(8) A prohibition on the construction 
of inground swimming or diving pools. 

(d) Those provisions relating to acre¬ 
age, frontage, and setback require¬ 
ments contained in zoning ordinances 
of the towns of Brookhaven and Islip 
and of the villages of Ocean Beach 
and Saltaire which are in effect on 
Fire Island as of the date of publica¬ 
tion in the Federal Register of these 
revised regulations are hereby adopted 
as the acreage, frontage, and setback 


FEDERAL REGISTER, VOL 43, NO. 131— MONDAY, SEPTEMBER 18, 1978 




PROPOSED RULES 


41417 


standards for private development 
within the Seashore. 

(e) Within the scope of the stand¬ 
ards herein prescribed or as hereafter 
amended, permitted principle uses 
within residentially zoned areas in¬ 
clude only construction of detached 
single family dwellings and churches, 
schools, community buildings, and 
other such nonresidential/noncom- 
mercial structures. Permitted accesso¬ 
ry uses within residentially owned 
areas include only customary accesso¬ 
ry structures such as storage sheds, 
decks, ramps, etc., and offices for pro¬ 
fessional occupations such as physi¬ 
cians, dentists, etc., provided such use 
is by the person residing on the prem¬ 
ises, is incidental to residential use, 
and does not exceed more than Vs of 
the first floor area. Within commer¬ 
cially zoned areas, construction of new 
commercial and industrial uses or ex¬ 
pansion or conversion of existing 
structures for these purposes, shall be 
permitted only by special permit of 
the town or village board. All special 
permit applications for commercial 
and industrial uses will be reviewed by 
the Secretary to determine whether 
the proposed use is consistent with the 
purposes of the Act establishing Fire 
island National Seashore. 

(f) There shall be in effect within 
the seashore appropriate limitations, 
requirements or restrictions upon the 
burning of cover and trash, the exca¬ 
vation, displacement, or removal of 
sand, and the dumping, storing or 
piling of refuse, materials, equipment, 
or other unsightly objects which 
would detract from the cultural and 
natural scene. 

(g? Signs within the Seashore shall 
not be self-illumninated; shall be limit¬ 
ed in size to one square foot in area in 
residential zones and limited to four 
square feet in are in commercial zones; 
shall be limited in number to one per 
premises; and shall be located on 
premises. Nonconforming signs may 
continue such nonconformity until 
they are destroyed, structurally al¬ 
tered, reconstructed, changed, or 
moved, but the period of such noncon¬ 
formity may not exceed 2 years from 
the date the zoning ordinance impos¬ 
ing the restrictions contained in this 
paragraph is approved by the town or 
village. Noncommercial signs to be 
used for public information, orienta¬ 
tion, or education purposes may be 
larger, by special permit of the town 
or village. 


(h) There shall be iif effect appropri¬ 
ate regulations which lessen the po¬ 
tential for flood and related erosion 
losses consistent with the Federal In¬ 
surance Administration’s National 
Flood Insurance Program criteria for 
’‘Land Management and Use,” as set 
forth in 24 CFR Part 1910, subpart A, 
as it may from time to time be amend¬ 
ed. 

(i) In the area extending from the 
mean high tide line to 40 feet land¬ 
ward of the primary natural high 
dune crest, as defined by Fire Island 
National Seashore on Suffolk County 
Property Maps, section numbers 491- 
498 (Islip), 002 (Ocean Beach), 002-004 
(Saltalre), and 985.70-987 (Brookha- 
ven), there shall be in effect zoning 
regulations which prohibit all con¬ 
struction, including new structures, 
bulkheads, piles, revetments, decks, 
swimming pools, and other structures 
or man made dune stabilization de¬ 
vices (excepting routine maintenance 
of existing structures, placement of 
snow fencing, or construction or repair 
of elevated pedestrian dune crossings 
for general public access). 

(j) It is the clear intention of the act 
authorizing establishment of the Sea¬ 
shore that all land within its bound¬ 
aries except certain "improved proper¬ 
ty” and property within the delineated 
communities (as defined in § 28.3(a) be 
acquired by the United States as rap¬ 
idly as appropriated funds are made 
available therefore and before future 
development occurs. Accordingly, un¬ 
improved property situated outside of 
the delineated communities will be 
subject to acquisition by the Secretary 
by condemnation in the event it is de¬ 
veloped by the owner for any purpose. 
Additionally, increased or additional 
commercial or industrial uses are pro¬ 
hibited on property situated outside of 
the delineated communities. Such de¬ 
velopments will likewise be subject to 
acquisition by the Secretary by con¬ 
demnation. 

(k) No moving, alteration, or im¬ 
provement of existing residential 
dwellings or structures appurtenant 
thereto or beach clubs shall be permit¬ 
ted on property situated outside of the 
delineated communities unless there is 
compliance with the acreage, frontage, 
and setback requirements, the height 
limitations and maximum plot occu¬ 
pancy, total floor area, and other re¬ 
quirements contained in a zoning ordi¬ 
nance. or amendment thereto, which 


is acceptable to the Secretary. If 
through natural phenomena or causes 
a lot or lots are so diminished in size 
that an owner of property situated 
outside of the delineated communities 
would be unable to comply with the 
requirements prescribed in this para¬ 
graph, for moves, alternations, or im¬ 
provements such owner may file an 
application for a variance, as provided 
in §28.4, which application will com- 
.mence review by the Secretary to de-' 
termine whether or not the proposed 
use fails to conform to the criteria set 
forth in these regulations or in the 
Act, and will, therefore, subject the 
property to acquisition by condemna¬ 
tion. 

§ 28.4 Variances and exceptions. 

(a) Zoning ordinances or amend¬ 
ments thereto, for the area comprising 
the Fire Island National Seashore may 
provide for the granting of variances, 
exceptions, and special permits. 

(b) Towns and village zoning ordin¬ 
ances in effect on Fire Island shall 
contain provisions whereby, 

(1) A copy of applications for var¬ 
iances, exceptions and special permits 
are provided by the local zoning au¬ 
thority to the Secretary within 5 
working days of their submission by 
the applicant. The Secretary, within 
15 working days of the receipt of such 
application, shall inform the applicant 
and the appropriate local zoning au¬ 
thority whether or not the proposed 
use conforms to the criteria set forth 
in these regulations, and will, there¬ 
fore. subject the property to potential 
acquisition by condemnation. If the 
application does not confrom to the 
criteria, the Secretary shall also 
inform the applicant that should the 
application be granted, the Secretary 
may seek to enjoin the development 
and acquire the property by condem¬ 
nation, subject to available funds, and 

(2) Local zoning authorities provide 
the Secretary written notice of the 
dates and times of public hearings to 
be held concerning such applications. 

(c) Pursuant to section 3(d) of the 
Act of September 11, 1964, every 
zoning ordinance or amendment there¬ 
of, for the area comprising the Fire 
Island National Seashore shall provide 
that a town or village that approves or 
disapproves an application for a vari¬ 
ance. exception, or special permit must 
give notice to the Secretary within 5 
working days of such action. 

[FR Doc. 78-26164 Filed 9-15-78; 8:45 am) 


FEDERAL REGISTER, VOL 43. NO. 181—MONDAY, SEPTEMBER 18, 1978 






41418 


notices 


This section of the FEDERAL REGISTER contains documents other than rules or proposed rules that are applicable to the public JMotices of ^ ar ' n 9 s ond 

Investigations, committee meetings, agency decisions and rulings, delegation, of authority, filing of petihon. and opphcat.on, and agency statement, of 
organization and function* ore examples of documents appearing in this section. 


[ 6110 - 01 ] 

ADMINISTRATIVE CONFERENCE OF 
THE UNITED STATES 

COMMITTEE ON JUDICIAL REVIEW 
Mooting 

Pursuant to the Federal Advisory 
Committee Act (Pub. L. 92-463), notice 
is hereby given of a meeting of the 
Committee on Judicial Review of the 
Administrative Conference of the 
United States, to be held at 10 a.m., 
Thursday,' October 6. 1978 in the 
fourth floor conference room at Cov¬ 
ington and Burling, 888 16th Street 
NW., Washington, D.C. 

The Committee will meet to discuss 
Professor Frederick Davis' study of 
whether or not Veterans’ Administra¬ 
tion determination should be subject 
to judicial review. 

Attendance is open to the interested 
public, but limited to the space availa¬ 
ble. Persons wishing to attend should 
notify this office at least 2 days in ad¬ 
vance. The Committee Chairman, if he 
deems it appropriate, may permit 
members of the public to present oral 
statements at the meeting: any 
member of the public may file a writ¬ 
ten statement with the Committee 
before, during or after the meeting. 

For further information concerning 
this meeting contact Jeffrey S. Lub¬ 
bers, 202-254-7065. Minutes of the 
meeting will be available on request. 

Richard K. Berg, 
Executive Secretary. 

September 11, 1978. 

[FR Doc. 78-26182 Filed 9-15-78; 8:45 am) 


[ 3410 - 02 ] 

DEPARTMENT OF AGRICULTURE 

Fodoral Grain Inspection Service 
GRAIN STANDARDS 

Request for Transfer of Designation by the 
Lubbock Grain Inspection A Weighing, Inc, 
Lubbock, Tex.. 

AGENCY: Federal Grain Inspection 
Service. 

ACTION: Notice. 

SUMMARY: Notice that the Lubbock 
Grain Inspection & Weighing, Inc., 
Lubbock, Tex., has requested transfer 
of its designation as an official agency 


to perform grain inspection services 
under the authority of the United 
States Grain Standards Act, as amend¬ 
ed, to Mr. Raymond Anthis, who has 
filed an application for such designa¬ 
tion. This notice also requests com¬ 
ments on the proposed transfer and 
invites other interested persons to 
make application for designation as an 
official agency at Lubbock. 

DATE: Comments and/or applications 
by October 18, 1978. 

FOR ADDITIONAL INFORMATION 
CONTACT: 

Edith A. Christensen, Federal Grain 

Inspection Service, Compliance Divi¬ 
sion, Delegation and Designation 

Branch. 201 14th Street SW., Room 

2405, Auditors Building, Washing¬ 
ton, D.C. 20250. 202-447-8525. 

SUPPLEMENTARY INFORMATION: 
The United States Grain Standards 
Act, as amended (7 U.S.C. 71 et seq.) 
(hereinafter the “Act"), has been 
amended to extensively modify the of¬ 
ficial grain inspection system. Pursu¬ 
ant to sections 7 and 7A of the Act, 
the Administrator of the Federal 
Grain Inspection Service (FGIS) has 
the authority to designate any State 
or local governmental agency, or any 
person, as an official agency for the 
conduct of all or specified functions 
involved in official inspection (other 
than appeal inspection), weighing and 
supervision of weighing of grain, at 
inland locations where the Adminis¬ 
trator determines there is a need for 
such services (7 U.S.C. 79 and 79a). 
Under the Act. such designation shall 
terminate triennially but may be re¬ 
newed in accordance with the criteria 
and procedure prescribed (7 U.S.C. 
79(g)(1) and 79a(c)). 

The Lubbock grain Inspection & 
Weighing, Inc., Lubbock, Tex., has re¬ 
quested that its designation under the 
Act to operate as an official agency at 
Lubbock, Tex., be transferred to Mr. 
raymond Anthis, the present Chief In¬ 
spector of that agency. Mr. Raymond 
Anthis has applied for designation 
under section 7(f)(1) of the Act (7 
U.S.C. 79(f)(1)) to operate as the offi¬ 
cial agency at Lubbock, Tex., to be 
known as the Lubbock Grain Inspec¬ 
tion Weighing. Inc. This application 
does not preclude other interested per¬ 
sons from making similar application. 

Note:— Section 7(f)(2) of the Act (7 U.S.C. 
79(f)) provides that not more than one offi¬ 


cial agency shall be operative at one time 
for any geographic area as determined by 
the Administrator. 

Interested persons are hereby given 
opportunity to submit written views or 
comments with respect to the request¬ 
ed transfer of official agency designa¬ 
tion. All views or comments should be 
submitted in writing, in duplicate, and 
mailed to the’Director's Office, Com¬ 
pliance Division, Federal Grain In¬ 
spection Service, 201 14th Street SW„ 
Room 2405, Auditors Building, Wash¬ 
ington, D.C. 20250, not later than Oc¬ 
tober 18, 1978. 

Under the provisions of section 
7(f)(1), interested persons are also 
given opportunity to make application 
for designation to operate as an offi¬ 
cial agency at Lubbock, Tex., pursuant 
to the requirements in section 
7(f)(1)(A) of the Act. as amended (7 
U.S.C. 79(f)(1)(A)) and section 26.96 of 
the regulations (7 CFR 26.96). Persons 
wishing to apply for designation to op¬ 
erate as an official agency at Lubbock 
should contact the Compliance Divi¬ 
sion. Federal Grain Inspection Service. 
U.S. Department of Agriculture, 
Washington, D.C. 20250. for the ap¬ 
propriate forms and mail their appli¬ 
cations to the Director’s Office at the 
above cited address, not later than Oc¬ 
tober 18, 1978. 

Consideration will be given to the 
views and comments filed and to any 
applications submitted and to all other 
information available to the U.S. De¬ 
partment of Agriculture before a final 
determination is made with respect to 
the official agency designation. All 
views, comments and applications sub¬ 
mitted pursuant to this notice will be 
made available for public inspection at 
the above Office of the Director 
during regular business hours (7 CFR 
1.27(b)). 

(Sec. 8, Pub. L. 94-582, 90 Stat. 2870 (7 
U.S.C. 79); sec. 9. Pub. L 94-582, 90 Stat. 
2875 (7 U.S.C. 79a); sec. 27. Pub. L. 94-582, 
90 Stat. 2889 (7 U.S.C. 74 note).) 

Done in Washington, D.C. on: Sep¬ 
tember 13, 1978. 

Dr. Galliart, 
Acting Administrator. 

(FR Doc. 78-26155 Filed 9-15-78; 8:45 ami 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 










NOTICES 


41419 


[ 6320 - 01 ] 

CIVIL AERONAUTICS BOARD 

[Docket 33237] 

CALIFORNIA-ARIZONA LOW FARE ROUTE 
PROCEEDING 

Prehearing Conference 

Notice is hereby given that a pre- 
hearing conference in the above-enti¬ 
tled matter will be held on October 31, 
1978, at 10 a.m. (local time), in Room 
1003, Hearing Room A, Universal 
North Building, 1875 Connecticut 
Avenue NW„ Washington, D.C. 

In order to facilitate the conduct of 
the conference, parties are instructed 
to submit one copy to each party and 
six copies to the judge of (1) proposed 
statements of issues; (2) proposed stip¬ 
ulations; (3) proposed requests for in¬ 
formation and for evidence; (4) state¬ 
ments of positions; and (5) proposed 
procedural dates. The Bureau of Pric¬ 
ing and Domestic Aviation will circu¬ 
late its material on or before October 
13, 1978, and the other parties on or 
before October 24, 1978. The submis¬ 
sions of the other parties shall be lim¬ 
ited to points on which they differ 
with the Bureau, and shall follow the 
numbering and lettering used by the 
Bureau to facilitate cross-referencing. 

Dated'at Washington, D.C., Septem¬ 
ber 13, 1978. 

Frank M. Whiting, 
Administrative Law Judge. 

CFR Doc. 78-26223 Piled 9-15-78; 8:45 am) 


[ 6320 - 01 ] 

[Docket 32665) 

CALIFORNIA/SOUTHWEST-WESTERN MEXICO 
ROUTE PROCEEDING 

Hooring 

Notice is hereby given that a hearing 
in the above-entitled proceeding will 
be held on October 10, 1978, at 10 a.m. 
(mountain daylight time) in the Air¬ 
port Marina Hotel, 2910 Yale Boule¬ 
vard, Albuquerque, N. Mex., before 
Administrative Law Judge Stephen J. 
Gross. 

The issues involved in this proceed¬ 
ing are discussed in order 78-5-69 and 
in the report of the prehearing confer¬ 
ence, both of which are in the docket 
of this proceeding on file in the docket 
section of the Civil Aeronautics Board. 

Dated at Washington, D.C., Septem¬ 
ber U, 1978. 

Stephen J. Gross, 
Administrative Law Judge. 

[PH Doc. 78-26222 Piled 9-15-78; 8:45 am) 


[ 6320 - 01 ] 

[Docket 32867; Order 78-9-551 

REEVE ALEUTIAN AIRWAYS, INC 

Petition For Soffing of Fair and Reatonabla 

Mail Rata; Order To Show Coum 

Adopted by the Civil Aeronautics 
Board at its office in Washington, D.C. 
on the 13th day of September 1978. 

By this order the Board proposes to 
establish new final service mail rates 
for the transportation of mail over the 
intra-Alaska routes of Reeve Aleutian 
Airways, Inc. (Reeve) for the period on 
and after June 17, 1978. 

By petition filed June 14, 1978, 
Reeve asks that the Civil Aeronautics 
Board fix a fair and reasonable rate of 
compensation for the transportation 
of mail by aircraft on its certificated 
routes consisting of a linehaul rate of 
$1.46 per great-circle ton-mile and a 
terminal charge of $0,146 per pound 
originated effective on and after June 
17, 1978, the first day of the Postal ac¬ 
counting period following the filing 
date of its petition. In support. 
Reeve states that: (1) Its current line- 
haul rate of 96 cents per great-circle 
ton-mile and terminal charge of 12 
cents per pound originated 1 were based 
on its operating results for the year 
ended September 30, 1975; and, (2) 
since the fall of 1975, its operating 
costs have increased substantially. 
Reeve submits supportive economic 
justifications for the requested rates 
increase based on its reported operat¬ 
ing results for the year ended March 
31,1978. 

In response to a request by the U.S. 
Postal Service (USPS), the date for 
the filing of answers to Reeve's peti¬ 
tion was extended to August 15, 1978. 
The USPS filed a timely answer pro¬ 
posing a dual element rate consistng 
of a linehaul rate of 93.6 cents per 
great-circle ton-mile and a terminal 
charge of 22.3 cents per pound origi¬ 
nated effective on and afer June 17, 
1978. Reeve authorized USP to state 
that it agrees the rates proposed are 
fair and reasonable.* The proposed 
rates are derived from the economic 
data submitted by Reeve, as adjusted 
by the USPS. In brief. USPS has re¬ 
vised Reeve's mail service cost alloca¬ 
tions and excluded the Alaska State 
income tax. 

The rates, proposed by USPS and 
agreed to by Reeve, are derived from 
the carrier’s reported operating results 
for the year ended March 31,1978. the 
methodology for allocating costs to 
mail is a combination of general DPFI 
techniques 3 and procedures developed 


'Order 76-9-112. effective on and after 
March 27, 1976. 

•Reeve has, however, reserved the right to 
contest the methodology used by USPS 
should it find it necessary to do so at a later 
date. 

•Domestic Passenger Pare Investigation, 
docket 21866. specifically, the version 6 up- 


during the Priority and Nonpriority 
Domestic Service Mail Rate Investiga¬ 
tion (docket 23080-2), 4 with modifica¬ 
tions which purport to take into ac¬ 
count the unique characteristics of 
Reeve's intra-Alaska operations. 5 The 
proposed rates will produce an esti¬ 
mated $438,000 additional annual man 
revenue, an increase of 17.4 percent. 

After review of all the materials sub¬ 
mitted, the contentions of the parties, 
and the rationale utilized; the Board 
believes that the proposed service mail 
rates are fair and reasonable. * 7 8 In 
reaching this conclusion, we have con¬ 
fined our determination to the partic¬ 
ular facts of this case and do not pass 
upon the particular methodology un¬ 
derlying the cost calculations used in 
arriving at these rates. 

Proposed Findings and Conclusions 

On the basis of the foregoing, the 
Board tentatively finds that the fair 
and reasonable rate of compensation 
to be paid Reeve Aleutian Airways, 
Inc., by the Postmaster General, pur¬ 
suant to section 406 of the Federal 
Aviation Act of 1958, as amended, for 
the transportation of mail by aircraft 
over its routes, the facilities used and 
useful therefor, and the services con¬ 
nected therewith is the sum of a line- 
haul charge of 93.6 cents per great- 
circle mail ton-mile and a terminal 
charge of 22.3 cents per pound origi¬ 
nated. 

Accordingly, pursuant to the Federal 
Aviation Act of 1958, as amended, and 
particularly sections 204(a) and 406 
thereof, and t he B oard's procedural 
regulations, 14 CFR Part 302, 

1. We direct all Interested persons, 
and particularly Reeve Aleutian Air¬ 
ways, Inc. and the Postmaster Gener¬ 
al, to show cause why the Board 
should not adopt the foregoing pro¬ 
posed findings and conclusions and 
fix, determine, and publish the final 
rates specified above to be effective on 
and after June 17.1978; 

2. Further procedures shall be in ac¬ 
cordance with the rules of practice, 14 
CFR Part 302. If a person objects to 
the rates or to the related proposed 
findings and conclusions, he shall file 
notice thereof within 10 days after the 
service date of this order and written 
answer and supporting document 
within 30 days after the service date of 
this order, 

3. If no person files notice of objec¬ 
tion within 10 days, or if a person files 


dated cost methodology developed in phase 

7. 

•Recouping departure-related aircraft op¬ 
erating costs, l.e.. taxiing, ascent and decent, 
within the terminal element. 

•ELg.. relatively fewer ground handling 
functions performed for enplaning passen¬ 
gers and baggage as compared to freight 
and mail. 

•The costs underlying the agreed rates, as 
submitted by the parties, are set forth in 
the Appendix. 


FEDERAL REGISTER, VOL 42, NO. 181—MONDAY, SEPTEMBER 18, 1978 










41420 


NOTICES 


a notice and does not file an answer 
within 30 days after the service date of 
this order, or if the timely answer 
raises no material issue of fact, we 
shall deem all persons to have waived 
the right to a hearing and all other 
procedural steps short of an order 
fixing final service mail rates and the 
Board may enter an order incorporat¬ 
ing the proposed findings and conclu¬ 
sions and fix and determine the rates 
specified. 

4. If a person files a timely notice of 
objection and answer presenting issues 
for hearing, we shall limit the issues 
going to the establishment of the fair 
and reasonable rates to those specifi¬ 
cally raised by such answ ers e xcept as 
otherwise provided in 14 CFR 302.307; 
and 

5. We shall serve a copy of this order 
upon Reeve Aleutian Airways, Inc. and 
the Postmaster General. 

We shall publish this order in the 
Federal Register. 

By the Civil Aeronautics Board. 7 

Phyllis T. Kaylor, 
Secretary. 

Reeve Aleutian Airways, Inc. 

Computation of Linehaul and Terminal Future 
Period Rates Based on Reported Operating Results 
for the Year Ended Mar. 31, 1978 


Linehaul capacity costs assigned' to 

mall ___$1,995,100 

As flown mall ton-miles ..,—.. 2,130.600 

Linehaul rate per ton-mile..............-- 0.936 


Terminal costs assigned to mall:' 

Departure related capacity costs............... $310,455 

Taxi costs.... 173.323 

Traffic servicing costs-~~-- 472.908 


Total_ 956.686 

Pounds of mail originated--4,291,600 

Terminal rate per pound-- $0,223 


Linehaul costs----—- $1,995,100 

Terminal costs ——-- 956.686 


Total mall costs2,951,786 


As flown mall ton-miles.2,130.600 

Mail cost per as flown ton-mile-—. $1.3854 


'Includes return on Investment of 12.35 pet and 
tax allowance of 48 pet. 

[FR Doc. 78-26224 Piled 9-15-78; 8:45 am] 


[6335-01] 

COMMISSION ON CIVIL RIGHTS 

COLORADO 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 
Colorado Advisory Committe (SAC) of 
the Commission will convene at 9:30 
a.m. and will end at 1 p.m. on October 


’All Members concurred. 


7, 1978. at 1405 Curtis Street. Room 
1706. Denver, CO 80202. 

Persons wishing to attend this meet¬ 
ing should contact the Committee 
Chairperson, or the Rocky Mountain 
Regional Office of the Commission, 
1405 Curtis Street, Denver, CO 80202. 

The purpose of this meeting is to fi¬ 
nalize plans and assignments for the 
Colorado SAC's next project. 

Dated at Washington, DC, Septem¬ 
ber 13, 1978. 

John 1. Binkley, 
Advisory Committee 
Management Officer. 

[FR Doc. 78-26216 Filed 9-15-78; 8:45 am] 


[6335-01] 

KANSAS CITY ADVISORY COMMITTEE 
Agendo end 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 
Kansas City Advisory Committee 
(SAC) of the Commission will convene 
at 10 a.m. and will end at 1 p.m. on Oc¬ 
tober 14, 1978, Holiday Inn Highrise, 
Don Quixote Room, 914 Madison, 
Topeka, Kans. 66607. 

Persons wishing to attend this open 
meeting should contact the Commit¬ 
tee Chairperson, or the Central States 
Regional Office of the Commission, 
911 Walnut Street, Room 3103, Kansas 
City, Mo. 64106. 

The purpose of this meeting is to 
review the current program activity 
and conduct program planning for 
fiscal year 1979. 

This meeting will be conducted pur¬ 
suant to the provisions of the rules 
and regulations of the Commission. 

Dated at Washington, D.C., Septem¬ 
ber 13. 1978. 

John I. Binkley, 
Advisory Committee 
Management Officer. 

(FR Doc. 78-26218 Filed 9-15-78; 8:45 am] 


[6335-01] 

MISSOURI ADVISORY COMMITTEE 
Aganda and Notica of Opon Moating 

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 
Missouri Advisory Committee (SAC) 
of the Commission will convene at 10 
a.m. and will end at 2 p.m. on October 
20, 1978, in the Hilton Airport Plaza 
Inn, 8801 NW. 112th Street, Kansas 
City. MO. 64195. 

Persons wishing to attend this open 
meeting should contact the Commit¬ 
tee Chairperson, or the Central States 


Regional Office of the Commission, 
911 Walnut Street, Room 3103, Kansas 
City, MO. 64106. 

The purpose of this meeting is to 
review the status of Missouri rural 
town project and program planning 
for fiscal year 1979. 

This meeting will be conducted pur¬ 
suant to the provisions of the rules 
and regulations of the Commission. 

Dated at Washington. D.C., Septem¬ 
ber 13. 1978. 

John I. Binkley, 
Advisory Committee 
Management Officer. 

[FR Doc. 78-26219 filed 9-15-78; 8:45 am] 


[6335-01] 

NEVADA ADVISORY COMMITTEE 
Aganda 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 conference of the 
Nevada Advisory Committee will con¬ 
vene at 7:30 p.m. and will end at 10:30 
p.m. on October 6, 1978, City Commis¬ 
sion Chambers, Las Vegas City Hall, 
400 Stewart, Las Vegas, Nev. 89101. 

Persons wishing to attend this open 
meeting should contact the Commit¬ 
tee chairperson, or the Western Re¬ 
gional Office of the Commission, 312 
North Spring Street, Room 1015, Los 
Angeles, Calif. 90012. 

This will be a symposium on 
women’s rights and responsibilities. 

This meeting will be conducted pur¬ 
suant to the provisions of the rules 
and regulations of the Commission. 

Dated at Washington, D.C., Septem¬ 
ber 13. 1978. 

John I. Binkley, 
Advisory Committee 
Management Officer. 

[FR Doc. 78-26217 Filed 9-15-78; 8:45 am] 


[6360-01] 

DELAWARE RIVER BASIN 
COMMISSION 

WATER RESOURCES PROGRAM ET AL 
Public Hearing 

Notice is hereby given that the Dela¬ 
ware River Basin Commission will 
hold a public hearing on Wednesday, 
September 27, 1978, commencing at 2 
p.m. The hearing will be a part of the 
Commission’s regular September busi¬ 
ness meeting which is open to the 
public. Both the hearing and the 
meeting will be held in the Hall of 
Flags West Room, Sheraton Hotel, 
Seventeenth and Kennedy Boulevards, 
Philadelphia, Pa. The hearing will be 
held on three subjects as follows: 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 

































NOTICES 


41421 


1. Water Resources Program 

A proposed fifteenth annual water 
resources program has been prepared 
in accordance with section 13.2 of the 
Delaware River Basin Compact. The 
program comprises a summary discus¬ 
sion of water resources needs in the 
Basin, and particular current condi¬ 
tions in water supply, pollution con¬ 
trol, flood protection and other func¬ 
tional aspects of water management 
with which the Commission is con¬ 
cerned. The program concludes with a 
discussion of the various projects to be 
performed by the Commission during 
fiscal year 1979 to assist in satisfying 
water needs in the basin. 

Copies of draft water resources pro¬ 
gram are available from the Commis¬ 
sion upon request. 

2. Water Charges—Rate Change 

In 1964 the Commission, acting on 
behalf of the four Delaware Basin 
States, assumed the obligation to 
repay the Federal Government the in¬ 
vestment cost allocated to water 
supply in Federal reservoirs construct¬ 
ed in the Delaware basin. This com¬ 
mitment was made in accordance with 
the Water Supply Act of 1958 requir¬ 
ing that non-Federal interests repay 
water supply costs at Federal reser¬ 
voirs. 

Subsequently, the Commission for¬ 
mulated a water charges program that 
applies throughout the basin to new 
surface water users, and to existing 
surface water users whose taking is in 
excess of their legal entitlement. The 
charge was determined to be the 
weighted average unit cost of water 
supply stored in Federal reservoirs on 
behalf of the Commission, and was de¬ 
signed to be recomputed whenever 
new r or additional storage having dif¬ 
ferent unit costs was added to the 
system. The revenues thus obtained 
provide the funds for annual repay¬ 
ment to the Federal Government. 

The initial charge, reflecting the 
costs of the first reservoir, Beltzville, 
was established in 1974 at 4 cents per 
thousand gallons for consumptive use 
and four-tenths of a mill for noncon¬ 
sumptive use. The second reservoir, 
Blue Marsh, will become operational 
early in 1979 and will have unit water 
supply costs about twice that of Beltz¬ 
ville. The present level of charges 
must therefore be changed to reflect 
the average unit cost stored in both 
reservoirs. 

Accordingly, the Commission pro¬ 
poses to amend its Administrative 
Manual, part III, Basin Regulations— 
Water Supply Charges, so as to pro¬ 
vide that the charge for water shall be 
6 cents per thousand gallons for con¬ 
sumptive use and six-tenths of a mill 
for nonconsumptive use. The new rate 
will apply to those surface water users 
who are now subject to the Commis¬ 


sion's water charges as well as to 
future users, and will take effect the 
first day of the month following the 
date of deliberate impoundment of 
water supply in Blue Marsh. 

Except for an increase in the unit 
charge for water, as herein noticed, no 
changes are proposed to be made in 
the Commission’s water supply 
charges program. The amendment will 
not affect the existing legal entitle¬ 
ment of any water users nor any other 
terms or conditions of the Commis¬ 
sion’s overall water charges program. 

Copies of the Commission’s Basin 
Regulations—Water Supply Charges 
are available from the Commission 
upon request. 

3. Project Review Applications 

Applications for approval of the fol¬ 
lowing projects are pending before the 
Commission as amendments to the 
comprehensive plan pursuant to arti¬ 
cle 11 of the compact and/or as proj¬ 
ect approvals pursuant to section 3.8 
of the compact: 

1. Pennsville Township (D 78-53 CP). 
Well water supply project in Penns- 
ville Towmship, Salem County, N.J. 
Designated as well No. 5, the new fa¬ 
cility is a replacement w'ell and has a 
capacity of 1 million gallons per day. 

2. Delaware City (D 78-70 CP). Well 
water supply project to augment 
public water supplies in Delaware 
City, New Castle County, Del. Desig¬ 
nated as well No. 3, the new facility is 
capable of yielding 450,000 gallons per 
day. 

3. City of New Castle (D 78-71 CP). 
Well water supply project to augment 
public water supply in the city of New 
Castle, New Castle County, Del. Desig¬ 
nated as the Frenchtown Road well, 
the new facility is capable of yielding 
720,000 gallons per day. 

4. Town of Middletown (D 78-64 CP). 
Well water supply project in Middle- 
town. New Castle County, Del. Desig¬ 
nated as wells No. 8 and 9, the new fa¬ 
cilities are replacement wells and have 
capacities of 430,000 gallons per day 
and 275,000 gallons per day, respec¬ 
tively. 

5. Dublin Water Co. (D 76-63 CP). A 
well water supply project to augment 
public water supplies in the company’s 
service area in Upper Dublin Town¬ 
ship, Montgomery County, Pa. The 
application is for approval to withdraw 
600,000 gallons per day from well No. 5 
and to increase the total average with¬ 
drawal from all sources to 1.2 million 
gallons per day. Adjudicatory hearings 
on this application have been held by 
the Commission and a report of the 
hearing officer filed on June 2, 1978. 
The application and the recommenda¬ 
tions of the Hearing Officer will be 
considered by the Commission. 

6. Crompton and Knowles Corp. (£> 
78-38). An industrial waste treatment 


project at the company’s plant in 
Robeson Township, Berks County, Pa 
The treatment facilities will handle an 
additional 40,000 gallons per day of 
waste currently disposed of by ocean 
dumping. Combined with the existing 
discharge, a total of approximately 
340,000 gallons per day will discharge 
to the Schuylkill River. 

7. Crown American Corp. (D 78-65). 
A sewage treatment plant to serve the 
proposed Schuylkill Shopping Mall, 
New Castle Township, Schuylkill 
County, Pa. The facility will provide 
removal of 90 percent BOD and 88 
percent suspended solids from an aver¬ 
age wastewater flow of about 50,000 
gallons per day. Treated effluent will 
discharge to Kaufman Run, a tribu¬ 
tary of the Schuylkill River. 

8. Crowm Zellerbach Corp. (.D 78-69). 
Well water supply project for use at 
the corporation’s plant in New Castle. 
New Castle County, Del. Designated as 
well No. 7, the new facility is a re¬ 
placement well that is capable of 
yielding 360,000 gallons per day. 

9. Shell Chemical Co. (D 77-78). Re¬ 
placement of a well water supply proj¬ 
ect at the company’s facilities in Law¬ 
rence Township, Mercer County, N.J. 
Existing well No. 2 will be replaced by 
a new facility providing a yield of 
88,000 gallons per day. 

10. Jonac Chemical Co. C D 77-23). 
Waste treatment project at the compa¬ 
ny’s plant in Pemberton Township. 
Burlington County, N.J. New waste 
treament facilities will be constructed 
to provide removal of 90 percent BOD 
from a wastewater flow of 1.8 million 
gallons per day. Treated effluent will 
discharge to the Rancocas Creek. 

11. National Railroad Passenger 
Corp. ( Amtrak) (D 77-105). An indus¬ 
trial waste treatment facility at the 
company’s locomotive fuel handling 
and containment facilities at 30th and 
Race Streets in Philadelphia. Pa. The 
oil separation facilities will provide for 
a wastewater flow of 144.000 gallons 
per day. Effluent will discharge to the 
Schuylkill River by w r ay of existing 
storm sewers. 

12. B.P. Oil Co., Inc. <D 76-124). A 
secondary wastewater treatment facili¬ 
ty at the company’s refinery in 
Marcus Hook, Delaware County, Pa. 
Biological treatment processes will 
provide removal of 90 percent of BOD 
from an average wastewater flow of 
2.9 million gallons per day. Treated ef¬ 
fluent will discharge to Marcus Hook 
Creek. 

13. Seabrook Bros. & Sons, Inc. (D 
78-8). A waste treatment project at 
the company’s vegetable processing fa¬ 
cility in Upper Deerfield Township, 
Cumberland County, N.J. Vegetable 
processing and cooling water are 
screened prior to ultimate discharge 
on a 56-acre spray field. Approximate¬ 
ly 4.3 million gallons per day will be 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 






41422 


NOTICES 


processed through this waste dis¬ 
charge system. 

14. Yardley Ball Corp . (D 78-54). A 
water supply project at the company’s 
facility in Yardley, Bucks County, Pa. 
Approximately 190,000 gallons per 
work day of water will be withdrawn 
from the Delaware River and used for 
noncontact cooling processes prior to 
discharge back to the river. 

Documents relating to the above- 
listed applications may be examined at 
the Commission’s office. 

Persons wishing to testify on any of 
the topics referred to in this notice are 
requested to notify the Secretary to 
the Commission prior to the hearing, 
telephone 609-883-9500. 

W. Brinton Whit all. 
Secretary. 

September 8,1978. 

[FR Doc. 78-26183 Piled 9-15-78; 8:45 am] 


[ 3128 - 01 ] 

DEPARTMENT OF ENERGY 

Economic Regulatory Administration 

COLUMBIA LNG CORP. AND CONSOUDATED 
SYSTEM LNG CO. 

[ERA Docket No. 78-004-LNG1 

Intent To Preporo on Environmental Impact 
Statement 

AGENCY; Department of Energy, 
Economic Regulatory Administration. 

ACTION: Notice of intent to prepare 
an environmental impact statement 
(EIS) in connection with an applica¬ 
tion to import liquefied natural gas 
from Iran through existing facilities 
located at Cove Point, Md. 

SUMMARY: The Economic Regula¬ 
tory Administration (ERA) of the De¬ 
partment of Energy (DOE) gives 
notice of its intent to prepare an EIS 
as part of its evaluation of the joint 
application of Columbia LNG Corp. 
and Consolidated System LNG Co. to 
import liquefied natural gas (LNG) 
from Iran. 

SUPPLEMENTARY INFORMATION: 
ERA is considering the Joint applica¬ 
tion (ERA docket No. 78-004-LNG) for 
authorization to import LNG into the 
United States under section 3 of the 
Natural Gas Act, as announced by 
ERA at 43 FR 31962 (July 24, 1978). 

The application involves more than 
a 40-percent increase in the volume of 
LNG presently authorized at the Cove 
Point facility, with an associated in¬ 
crease in the number of LNG tanker 
deliveries. No onsite construction is 
anticipated. Applicants state that a 
relatively short pipeline connection 
will be built in Loudoun County, Va. 
Since the initial announcement, DOE 
has determined that the issuance of 
an order in this proceeding would con¬ 


stitute a major Federal action signifi¬ 
cantly affecting the quality of the 
human environment, within the mean¬ 
ing of section 102(2)(C) of the Nation¬ 
al Environmental Policy Act of 1969, 
42 U.S.C. 6, 4321 et seq. Accordingly, 
ERA intends to prepare an EIS. 

Interested persons, agencies, and or¬ 
ganizations desiring to submit com¬ 
ments or suggestions for consideration 
in connection with the preparation of 
this EIS are invited to do so. DOE en¬ 
courages commenters to respond as 
soon as possible in order that sugges¬ 
tions may be reflected in the scope of 
the EIS. Upon completion of the draft 
EIS, its availability will be announced 
in the Federal Register, at which 
time public comments will again be so¬ 
licited. All comments will be available 
for public inspection in the Natural 
Gas Branch Docket Room, Room 6317, 
2000 M Street NW., Washington, D.C. 
20461, between the hours of 8 am. and 
4:30 p.m., Monday through Friday 
except Federal holidays. 

ADDRESS FOR COMMENTS: Finn 
K. Neilsen, Director, Import/Export 
Division, Economic Regulatory Admin¬ 
istration, 2000 M Street NW., Room 
6318, Washington, D.C. 20461. 

FOR FURTHER INFORMATION 
CONTACT: 

Finn K. Neilsen, Director, Import/ 
Export Division, Economic Regula¬ 
tory Administration, 2000 M Street 
NW., Room 6318, Washington, D.C. 
20461, telephone 202-254-9730. 
Janine Landow-Esser, Office of Gen¬ 
eral Counsel, 20 Massachusetts 
Avenue NW., Room 8217, Washing¬ 
ton, D.C. 20461. telephone 202-376- 
4266. 

Carol Borgstrom, Office of Environ¬ 
ment, 12th and Pennsylvania 
Avenue NW., Federal Building, 
Room 7119, Washington, D.C. 20461, 
telephone 202-566-9760. 

Issued in Washington, D.C., on Sep¬ 
tember 11,1978. 

Barton R. House, 
Assistant Administrator , Fuels 
Regulation, Economic Regula¬ 
tory Administration. 

[PR Doc. 78-26105 Piled 9-15-78; 8:45 am] 


[ 3128 - 01 ] 

Office of Policy and Evaluation 

MOTOR FUEL MARKETING UNDER TITLE III OF 
THE PETROLEUM MARKETING PRACTICES ACT 

Study of Subsidization 

AGENCY: Office of Competition, De¬ 
partment of Energy. 

ACTION: Notice of public hearing and 
opportunity for written comment. 


SUMMARY: The office of competition 
of the Department of Energy (DOE) 
gives notice of a public hearing and 
opportunity for submission of written 
comments concerning the study which 
the Secretary of Energy is required to 
conduct under title III of the recently 
enacted Petroleum Marketing Prac¬ 
tices Act. As required by statute, this 
study will examine the extent to 
which producers, refiners, and other 
suppliers of motor fuel subsidize the 
sale of motor fuel at retail or whole¬ 
sale with profits obtained from other 
operations, as well as other related 
issues. The purpose of this proceeding 
is to obtain comments on the issues in¬ 
volved in this study and the manner in 
which the study should be conducted. 

DATES: Requests to speak on or 
before September 29, 1978, 4:30 p.m. 
Oral statements due on or before Oc¬ 
tober 5, 1978. 4:30 p.m. Hearing: Octo¬ 
ber 6, 1978, 9:30 am. Written com¬ 
ments due on or before October 16, 
1978, 4:30 p.m. 

ADDRESSES: Send requests to speak, 
oral statements, and written com¬ 
ments to: Office of Public Hearing 
Management. Department of Energy, 
Room 2313, Box VK, 2000 M Street 
NW., Washington, D.C. 20461. Hearing 
location: Room 2105, 2000 M Street 
NW., Washington, D.C. 20461. 

FOR FURTHER INFORMATION 
CONTACT: 

William Lane (Office of Competi¬ 
tion), Policy and Evaluation, 20 Mas¬ 
sachusetts Avenue NW., Room 7127, 
Washington, D.C. 20545, 202-376- 
9495. 

Robert C. Gillette (Hearing Proce¬ 
dures), Department of Energy, 2000 
M Street NW., Room 2214B, Wash¬ 
ington. D.C. 20461, 202-254-5201. 

Judith Garfield (Office of the Gen¬ 
eral Counsel), Department of 
Energy, 12 th and Pennsylvania 
Avenue NW., Room 7134, Washing¬ 
ton, D.C. 20461, 202-566-2085. 

SUPPLEMENTARY INFORMATION: 
I. Background. 

n. Plans for conducting the study. 

III. Specific comments requested. 

IV. Public hearing and comment proce¬ 
dures: 

A. Written comments 

B. Public hearing. 

I. Background 

Section 301(a) of the Petroleum 
Marketing Practices Act, Pub. L. 95- 
297 (the “Act”), enacted on June 19, 
1978, provides that the Secretary of 
Energy, in consultation with the 
Chairman of the Federal Trade Com¬ 
mission and the Attorney General and 
other agencies as the Secretary deems 
approprate, shall conduct a study of 
the extent to which producers, refin¬ 
ers, and other suppliers of motor fuel 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 








NOTICES 


41423 


subsidize the sale of such motor fuel 
at retail or wholesale with profits ob¬ 
tained from other operations. Section 
301(b) of the Act specifies that the 
study shall examine: 

(1) The role of vertically integrated 
operations in facilitating subsidization 
of sales of motor fuel at wholesale or 
retail; 

(2) The extent to which such subsi¬ 
dization is predatory and presents a 
threat to competition; 

(3) The profitability of various seg¬ 
ments of the petroleum industry; 

(4) The impact of prohibiting such 
subsidization on the competitive via¬ 
bility of various segments of the petro¬ 
leum industry, on prices of motor fuel 
to consumers and on the health and 
structure of the petroleum industry as 
a whole; and 

(5) Such other matters as the Secre¬ 
tary considers appropriate. 

Under section 301(d)(1) of the Act, 
the Secretary shall report to the Con¬ 
gress the results of this study, togeth¬ 
er with such recommendations for leg¬ 
islative action and such statistical evi¬ 
dence as he considers appropriate, 
within 18 months after the date of en¬ 
actment of the Act. 

In conducting this study, the Secre¬ 
tary is required under the Act to give 
appropriate notice and afford interest¬ 
ed persons an opportunity to present 
written and oral data, views, and argu¬ 
ments concerning the study. 

II. Plans tor Conducting the Study 

Within the DOE, the Office of Com¬ 
petition in the Office of Policy and 
Evaluation will conduct the study of 
motor fuel marketing subsidization re¬ 
quired by the Act. At the present time, 
the office of competition plans to con¬ 
duct the study in the following 
manner. 

Following the hearing and opportu¬ 
nity for public comment announced in 
this notice, the Office of Competition 
will undertake to collect relevant eco¬ 
nomic information on potential subsi¬ 
dization and on the profitability and 
competitive viability of various seg¬ 
ments of the petroleum industry. 
While existing data sources will be 
used to the maximum extent possible, 
it will also be necessary to obtain new 
information from both integrated 
companies and companies that sell 
motor fuel at the wholesale and retail 
level The Energy Information Admin¬ 
istration of the DOE will assist in 
identifying and obtaining such infor¬ 
mation. The Office of Competition 
considers the collection of needed data 
to be critical to the timing as well as 
the substance of this study. 

After collecting and evaluating the 
relevant data, the Office of Competi¬ 
tion will prepare a draft report and 
will hold public hearings and receive 
written comments on the draft report. 


If warranted by the public comments 
that are received, the Office of Com¬ 
petition will revise the report before 
transmitting it to the Congress as re¬ 
quired under the Act. 

III. Specific Comments Requested 

The Office of Competition is inter¬ 
ested in receiving relevant comments 
on the interrelated issues of subsidiza¬ 
tion of motor fuel sales, functional 
profitability of integrated petroleum 
companies, and the competitive viabil¬ 
ity of various segments of the petro¬ 
leum industry. In particular, but with¬ 
out limiting the scope of the informa¬ 
tion requested, the Office of Competi¬ 
tion would like to receive specific com¬ 
ments on the following matters: 

(1) In view of the limited time period 
for conducting the study, what direc¬ 
tion should the study take and what 
areas or issues should be emphasized? 

(2) What is the most appropriate 
methodology to use in conducting the 
study? What information gathering 
techniques should be used, and from 
what sources should information be 
obtained? 

(3) What are the potential problems 
that may be encountered in conduct¬ 
ing the study within the time permit¬ 
ted by the Act, including any problems 
involved in gathering and evaluating 
relevant data? 

IV. Public Hearing and Comment 

Procedures 

a. written comments 

You are invited to submit written 
views, data or arguments with respect 
to the proposed study. Comments 
should be submitted to the address in¬ 
dicated in the ADDRESSES section of 
this notice and should be identified on 
the outside envelope with the designa¬ 
tion “Title III Study/' Fifteen copies 
should be submitted. All comments re¬ 
ceived will be available for public in¬ 
spection in the DOE Reading Room, 
Room 2107 r Federal Building. 12th 
and Pennsylvania Avenue NW., be¬ 
tween the hours of 8 a.m. and 4:30 
p.m., Monday through Friday. 

Identify separately any information 
or data you consider to be confidential 
and submit it in writing, one copy 
only. The DOE reserves the right to 
determine the confidential status of 
the information or data and to treat it 
according to its determination. 

b. public hearing 

1. Request procedure . The time and 
place of the public hearing are indict¬ 
ed in the DATES and ADDRESSES 
sections of this notice. If necessary to 
present all testimony, the hearing will 
be continued to 9:30 a.m. of the day 
following the date of the hearing. You 
may make a written request for an op¬ 
portunity to make an oral presenta¬ 


tion at the hearing. The request 
should contain a phone number where 
you may be contacted through the day 
before the hearing. Since it may be 
necessary to limit the number of per¬ 
sons making such presentations, you 
should be prepared to describe your 
interest in this proceeding; if appropri¬ 
ate, why you are a proper representa¬ 
tive of a group or class of persons that 
has such an interest; and to give a con¬ 
cise summary of your proposed oral 
presentation. 

The DOE will notify each person se¬ 
lected to be heard before 4:30 p.m. on 
October 3, 1978. Persons selected to be 
heard should submit 100 copies of 
their statement to the address indicat¬ 
ed in the ADDRESSES section of this 
notice before 4:30 p.m., October 5, 
1978. 

2. Conduct of the hearing . The 
Office of Competition reserves the 
right to select the persons to be heard 
at this hearing, to schedule their re¬ 
spective presentations, and to estab¬ 
lish the procedures governing the con¬ 
duct of the hearing. The length of 
each presentation may be limited, 
based on the number of persons re¬ 
questing to be heard. 

A DOE official will be designated to 
preside at the hearing. Representa¬ 
tives of the Federal Trade Commission 
and the Attorney General may be 
members of the hearing panel. This 
will not be a judicial or evidentiary- 
type hearing. Only those conducting 
the hearing may ask questions, and 
there will be no cross-examination of 
persons presenting statements. At the 
conclusion of all initial oral state¬ 
ments, each person who has made an 
oral statement will be given the oppor¬ 
tunity, if he or she so desires, to make 
a rebuttal statement. The rebuttal 
statements will be given in the order 
in which the initial statements were 
made and will be subject to time limi¬ 
tations. 

You may submit questions to be 
asked of any person making a state¬ 
ment at the hearing to the address in¬ 
dicated above for requests to speak 
before 4:30 p.m. on October 5, 1978. 
You may also submit any questions, in 
writing, to the presiding officer at the 
time of the hearing. The Office of 
Competition or, if the question is sub¬ 
mitted at the hearing, the presiding 
officer will determine whether the 
question is relevant, and whether the 
time limitations permit it to be pre¬ 
sented for answer. 

Any further procedural rules needed 
for the proper conduct of the hearing 
will be announced by the presiding of¬ 
ficer. 

A transcript of the hearing will be 
made, and the DOE will retain the 
entire record of the hearings, includ¬ 
ing the transcript, which will be made 
available for inspection at the Free- 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 






41424 


NOTICES 


dom of Information Office. Room 
2107, Federal Building, 12th and Penn¬ 
sylvania Avenue NW., Washington, 
D.C., between the hours of 8 a.m., and 
4:30 p.m., Monday through Friday. 
You may purchase a copy of the tran¬ 
script from the reporter. 

In the event that it becomes neces¬ 
sary for the DOE to cancel the hear¬ 
ing, every effort will be made to pub¬ 
lish advance notice in the Federal 
Register of such cancellation. More¬ 
over. DOE will notify all persons 
scheduled to testify at the hearing. 
However, it is not possible for DOE to 
give actual notice of cancellations or 
changes to persons not identified to 
DOE as participants. Accordingly, if 
you wish to attend the hearing you 
should contact the DOE on the last 
working day preceding the date of the 
hearing to confirm that it will be held 
as scheduled. 

Issued in Washington, D.C., on Sep¬ 
tember 13,1978. 

Harry L. Peebles, 

Acting Director of Administration. 

CFR Doc. 78-26243 Filed 9-15-78; 8:45 ami 


[ 1505 - 01 ] 

ENVIRONMENTAL PROTECTION 
AGENCY 

[OPP-30152; FRL 954-81 

PESTICIDE PROGRAMS 

Receipt of Application To Roglttor a Postidde 
Product Containing a Now Acfivo Ingredient 

Correction 

In FR Doc. 78-24019 appearing at 
page 38085 in the issue for Friday, 
August 25, 1978, in the first column, 
the ninth line should read “diethylace- 
tanilidel which has not”. 


[ 6560 - 01 ] 

[FRL 968-61 

IN RE APPLICATIONS FOR MMT WAIVER 
Decision of the Administrator 

I. Introduction 

Section 211<fM3) of the Clean Air 
Act (Act), 42 U.S.C. 7545(fX3), added 
by the Clean Air Act Amendments of 
1977, Pub. L. 95-95. 91 Stat. 681. pro¬ 
hibits 1 (II) manufacturers of fuels and 
fuel additives which are not substan¬ 
tially similar to any fuel or fuel additi- 
vies utilized in the certification of any 
model year 1975, or subsequent model 


'Sec, 211(fXl) prohibits, after Mar. 31, 
1977. the first introduction into commerce 
or increase in concentration of controlled 
fuels and fuel additivies. Sec. 211(fX2) 
limits, after Nov. 30. 1977, the use of manga¬ 
nese additives in connections in excess of 
0.0625 gr of manganese per gallon. 


year vehicle or engine from distribut¬ 
ing such fuels or fuel additivies in 
commerce after September 15, 1978. 
Section 211(f)(4) permits the Adminis¬ 
trator to grant a waiver of any section 
211(f) prohibition or limitation. 
Methylcyclopentadienyl manganese 
tricarbonly (MMT) * * * is not substantial¬ 
ly similar to any fuel additivies used in 
certification and is therefore prohibit¬ 
ed unless a waiver is granted. 5 

The Administrator may waive the 
section 211(f) prohibition or limitation 
if he determines that the applicant for 
a waiver has established that MMT, a 
specified concentration of MMT, its 
emission products, or the emmission 
products of a specified concentration 
of MMT, will not cause or contribute 
to the failure of any emission control 
device or system (over the useful life 
of any vehicle in which such device or 
system is used) such that the vehicle 
will fail to comply with the emission 
standards with respect to which it has 
been certified under section 206 of the 
Act. The Administrator must grant or 
deny a waiver within 180 days from 
the receipt of the waiver application 
or else the waiver will be deemed 
granted. 

A waiver request for MMT was re¬ 
ceived from the Ethyl Corp. on March 
17, 1978, and the expiration of the 180 
day review period is September 12, 
1978. Additional waiver applications 4 
for MMT have been received subse¬ 
quent to Ethly’s and this decision 
shall be equally applicable to them. 
Further, as previously stated in the 
“Guidelines for Fuel Additive Waiv¬ 
ers,” 5 this decision will be applicable 
to all manufacturers of fuels contain¬ 
ing MMT and to all manufacturers of 
MMT. 

A hearing on the Ethyl waiver re¬ 
quest was held on June 27-28, 1978, in 
Washington. D.C., and the 30-day com¬ 
ment period following the hearing 
ended on July 28, 1978.* 

II. Summary op Decision 

I have determined that the Ethyl 
Corp., et al., have not met the section 
211(f)(4) burden necessary to obtain a 


*MMT is an octane enchaning gasoline ad¬ 
ditive currently in widespread use. The con¬ 
centration of MMT averaged over all U.S. 
unleaded gasoline will be about 0.03 gr of 
manganese per gallon (g Mn/gal) in 1978. 
Ethyl (I), report 3, 1. The citation format 
used in this decision is explained in note 8, 
infra. 

* California has prohibited after Sept. 8, 
1977, the sale in California of fuels contain¬ 
ing manganese additives. See, 13 Cal. 
Admin. Code 5 2254 (1977). 

♦See note 6, infra. 

•43 FR 11258, Mar. 17, 1978. 

•See. “MMT Waiver Request: Public 
Hearing/* 43 FR 24742 (1978). The public 
docket (docket No. MSED-211(f)) is availa¬ 
ble for public inspection in the Public Infor¬ 
mation Reference Unit, EPA, Room 2922, 
401 M Street SW.. Washington. D.C. 20460. 


waiver, and I deny the requested 
waiver for MMT. 7 All section 211(f) 
prohibitions and limitations pertain¬ 
ing to MMT remain in effect. In order 
to prevent dislocation in the market¬ 
ing of gasoline, enforcement of the 
section 211(fX3) prohibition on the 
distribution in commerce of MMT and 
fuel containing MMT will not com¬ 
mence for 45 days from the date of 
this decision. This delay in enforce¬ 
ment will permit manufacturers to dis¬ 
tribute in commerce MMT and gaso¬ 
line containing MMT until October 27, 
1978. 

Ethyl has asked that EPA wait unit 
the Coordinating Research Council 
(CRC) test program is completed or 
grant a temporary waiver prior to fi¬ 
nally acting on the waiver request. 8 
Because of the 180-day period of 
review. I cannot postpone action on 
the waiver request as Ethyl suggests. 
To do so, absent a final decision, would 
automatically grant the waiver. Fur¬ 
ther, although I may grant a waiver 
conditioned on time or other limita¬ 
tions, 9 such granting of a waiver can 
only be done if the requirements of 
section 211(f)(4) are met by the appli¬ 
cant. 10 Naturally, Ethyl is free to reap¬ 
ply for a waiver whenever it beleives 
new data justify such reapplication. 


7 Ethyl requested a waiver for MMT at 
concentration levels of Vat and Via gr of 
manganese per gallon (g Mn/gal). Since no 
data at any lower levels of usage nor any 
means of extrapolating data to a lower con¬ 
centration level was presented, a determina¬ 
tion cannot be made for any concentration 
level other than what was requested. All 
such applications requested a waiver for 
MMT in concentrations up to Vi* g Mn/gal 
or incorporated by reference Ethyl’s data. 
Therefore, Va g Mn per gallon was deemed 
not to be a concentration before the Agency 
for waiver purposes. Ethyl has in fact stated 
that Vfe g Mn data are irrelevant to its appli¬ 
cation. Ethyl (HI). IV-2. Further, Ethyl re¬ 
duced its recommended maximum concen¬ 
tration from Vi to Vie g Mn/gal in 1977 
(Ethyl (T), 1-9) and has stated that there is 
a concentration dependent engine-out MMT 
effect. Ethyl (T), 1-30-34, 101. Herein all 
public hearing testimony will be cited by in¬ 
serting a , *T*’ between the testifier and the 
transcript page number. 

•Ethyl application for MMT wavier, sub¬ 
mitted Mar. 17. 1978. cited herein as Ethyl 

(I) . Ethyl has also made two other major 
submittals on June 19, 1978. cited as Ethyl 

(II) and July 28, 1978, cited as Ethyl (III), 
all other submittals will be cited by manu¬ 
facturer and date; e.g., the General Motors 
submittal of July 27. 1978. is cited GM (July 
27). 

•“The Administrator’s waiver may be 
under such conditions, or in regard to such 
concentrations as he deems appropriate con¬ 
sistent with the Intent of this section.” S. 
Rep. No. 95-125. 95th Cong., 1st Sess. 91 
(1977). 

,0 The Senate report. ID. at 91, states 
“[Tlhe Administrator (may) waive or condi¬ 
tionally waive that the prohibitions estab¬ 
lished by (sec. 211 (f» if the applicant has 
met the requirements of this paragraph 
(2IJ(/X4)).” (Emphasis supplied.) 


FEDERAL REGISTER* VOL 43, NO. 181-MONDAY, SEPTEMBER 18, 1978 











NOTICES 


41425 


Ethyl has presented data and analy¬ 
sis from which it concludes that MMT 
has no adverse effect on a vehicle’s hy¬ 
drocarbon (HC) emissions. 11 regardless 
of the emission standard for which the 
vehicle is designed. 1 * Based on our 
analysis of the data submitted by 
Ethyl and others, I find that Ethyl 
has failed to establish that MMT will 
not cause or contribute to the failure 
of any emission control device or 
system to achieve compliance by the 
vehicle with emission standards with 
respect to which it has been certified. 
In addition, and although not required 
by section 211(f)(4). I have determined 
that MMT will cause or contribute to 
the failure of vehicles designed to 
meet the California 0.41 gram per mile 
(gpm) HC standard. 1 * 

III. Cause or Contribute To Failure 
of Emission Standards 

In order to obtain a waiver for MMT 
the applicant must establish that 
MMT, a specified concentration of 
MMT. its emission products, or the 
emission products of a specified con¬ 
centration of MMT will not cause or 
contribute to the failure of any emis¬ 
sion control device or system (over the 
useful life of any vehicle in which 
such device or system is used) to 
achieve compliance by the vehicle 
with the emission standards with re¬ 
spect to which it has been certified 
pursuant to section 206 of the Clean 
Air Act. This burden, which Congress 
has imposed on the applicant, if inter¬ 
preted literally, is virtually impossible 
to meet as it requires the proof of a 
negative propostion, i.e., that no vehi¬ 


“ There are three regulated automobile 
pollutants: hydrocarbons (HC). carbon mon¬ 
oxide (CO), and oxides of nitrogen (NOx). 
Wiiile all of these standards are relevant to 
a determination of whether to grant or deny 
a waiver, investigators into the effects of 
MMT agree that the primary emission prob¬ 
lem associated with MMT is HC emissions. 
OM (T). II-4, GM (June 23). part 1,1; Ethyl 
(T), IS. Ethyl (I), report 1, sec. 1.1 and 
report 2.6; Ford (T). 11-84; Chrysler (T), II- 
138. Therefore, for this decision, the analy¬ 
sis was focused on any HC emission effect 
due to MMT. 

11 See. e.g.. Ethyl (01). pts. IV. V. 

“This conclusion was arrived at by a tech¬ 
nical examination of the submittals, see sec. 
V1(B), infra, and a statistical analysis of the 
submitted data. see. sec. VI(A), infra. These 
sections summarize, “Technical Analysis of 
the Effects of MMT on Emission Control 
System s,” EPA Emission Control Technol¬ 
ogy Division, August 1978, and “Character¬ 
ization Report: Analysis of MMT Fleet Data 
to Characterize the Impact of MMT on Tail¬ 
pipe Emissions,” EPA MobUe Source En¬ 
forcement Division, September 1978,* cited 
herein as Technical Analysis and Character¬ 
ization Report, respectively, and Included as 
appendices to this decision. 

We also examined vehicles designed to 
meet a 1.5 gpm HC standard and detected 
an adverse effect although the limited 
amount of data prevents any conclusions 
with high confidence. 


cle will fail to meet the emission 
standards with respect to which it has 
been certified. Taken literally, it 
would require the testing of every ve¬ 
hicle. Recognizing that Congress con¬ 
templated a workable waiver provision 
some mitigation of this stringent 
burden was deemed necessary. For 
purposes of the waiver provision, it is 
recognized that reliable statistical 
sampling and fleet testing protocols 
could safely be used to demonstrate 
that the fuel or fuel additive under 
consideration would not cause or con¬ 
tribute to failures of emission stand¬ 
ards by automobiles in the national 
fleet. Ethyl and a number of others 
have submitted fleet testing data in 
support of or in opposition to the 
waiver request. 14 

Ethyl's application rests principally 
on the notion that there is no adverse 
MMT effect. Ethyl also maintained 
that MMT does not cause vehicles to 
fail their emission standards. 16 Ethyl 
did not evaluate data sets where the 
control and MMT vehicles exceeded 
the emission standard to determine if 
MMT may have contributed to fail¬ 
ures. 1 * An evaluation of all the reason¬ 
ably useable data sets, using standard 
statistical methods, brings us to the 
conclusion that MMT does cause or 
contribute to the failure to meet emis¬ 
sion standards by the fleet represent¬ 
ed by the data cars. 

A. ADVERSE EMISSIONS EFFECT 
ATTRIBUTABLE TO MMT 

The statutory requirements for a 
wavier make it necessary for the appli¬ 
cant to establish that MMT will not 
cause or contribute to failure. In order 
to establish this, one need only show 
that MMT does not have a statisticlly 
significant adverse emissions effect. 
However, our technical analysis has 
concluded that there is a high degree 
of likelihood that an adverse effect 
exists. 17 Our statistical analysis of the 


“Ethyl has not shown that Its 30 car test 
fleet is representative of the national in-use 
auto fleet. It has also not made a similar 
showing for the oil company fleet described 
in Ethyl (I), report 2. 

““There clear language of subparagraph 
(f)(4) thus prescribes a single criterion for 
application of the waiver authority-whether 
the fuel additive causes a failure of the 
emission control system to meet the stand¬ 
ards under which the vehicle has been certi¬ 
fied pursuant to sec. 206.” (Emphasis sup¬ 
plied.) Ethyl (III), III-2. 

“In this decision, a reference to failure 
means failure of a vehicle or vehicles to con¬ 
form to the emission standards with respect 
to which they have been designed. See note 
39. infra. 

“Technical Analysis at 2,10, 24. Our tech¬ 
nical analysis concluded that no catalyst en¬ 
hancement occurs, see sec. VI(BXc), infra, 
as contended by Ethyl, Ethyl (III), VII, thus 
this alleged phenomenon would not be a 
mitigating factor of any observed adverse 
effect. 


submitted data also determined an ad¬ 
verse effect existed and quantified the 
degree of confidence within which we 
could conclude that MMT had an ad¬ 
verse effect. 11 It should be noted that 
even if the data were inconclusive as 
to the effect of MMT on the national 
automobile fleet, the applicant would 
not have discharged the affirmative 
nature of the burden which he bears 
under section 211(f)(4). 

B. FAILURE OF VEHICLES 

Even if an applicant is unable to es¬ 
tablish that no adverse effect results 
from the use of fuel containing MMT, 
he may still meet his burden under 
section 211(f)(4) by establishing that 
an adverse effect will not cause or con¬ 
tribute to a failure by vehicles to meet 
their emission standards. A failure due 
in whole or in part to the use of fuel 
containing MMT, which occurs at any 
time during the useful life, of the ve¬ 
hicle is sufficient to deny a waiver. 
The measure of failure is the emission 
performance of a vehicle at the tail¬ 
pipe. 19 Thus, it is not necessary that 
the failure be directly attributed to a 
particular effect, such as deposit for¬ 
mation in combustion chambers, or 
the failure of a particular element of 
emission control hardware. It is suffi¬ 
cient that tailpipe-out emissions fail to 
meet certified emission standards, if 
MMT caused or contributed to such 
failure. 

IV. The Applicable Emission 
Standard 

Ethyl has asserted 90 that the emis¬ 
sion standard which is applicable in 
determining failure is the present 
standards effective through the 1979 
model year. 21 This assertion stem s 
from the language of section 211(f)(4) 
which refers to a vehicle failing to 
meet the emission standards "with re¬ 
spect to which it has been certified 
pursuant to section 206" (emphasis 
supplied). The use of the past tense is 
pointed to by Ethyl to indicate that 
section 211(f)(4) is only concerned 
with already certified vehicles (l.e., the 
in-use fleet). Assuming this interpreta¬ 
tion is correct. Ethyl and EPA are only 
required to be concerned with the ef¬ 
fects of MMT on vehicles certified to 


“See sec. VI, Infra, and Characterization 
Report, 22-26. 

“This conclusion is derived from the leg¬ 
islative history of sec. 211(f). Conference 
Report. H.R. Rep. No. 95-564, 95th Cong. 
1st Sess. 161 (1977). 

“Ethyl (III) at 111-4, see also, Chemetals 
(July 28) at 2-4. 

”1.5 gr per mi (gpm) HC. Hereafter the 
grams per mile units will be omitted. Fur¬ 
ther. frequent use of the phrases “1.5 HC 
vehicle” and “0.41 HC vehicle” will be made. 
These phrases refer to vehicles certified to 
meet the 1.5 gpm HC or the 0.41 gpm Cali¬ 
fornia HC standard, respectively. 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 









41420 

meet the 1.5 HC standard.” An exami¬ 
nation of the submitted data reveals 
that only the GM San Diego Taxi 
Fleet (15 1977 Chevrolet Novas) and 
two pairs of 1977 Chrysler vehicles 
(318 CID V-8 and 225 CID) 23 were de¬ 
signed and certified to meet a 1.5 HC 
standard. 

Our mitigation of the burdensome 
“any vehicle 0 criterion has been to 
accept representative fleet data.” 
However, before a waiver may be 
granted EPA should be reasonably cer¬ 
tain that the fleets are representative 
of the national fleet. The number and 
type of vehicles designed and certified 
on a 1.5 ric standard for which there 
were submitted data is patently insuf¬ 
ficient upon which to base a waiver de¬ 
cision.” Ethyl has not demonstrated 
that these vehicles represent the na¬ 
tional fleet. 

A predominant portion of the sub¬ 
mitted data was derived from testing 
California vehicles designed to meet 
the California 0.41 HC standard, but 
federally certified to meet the 1.5 HC 
standard. However, the California ve¬ 
hicles utilized emission control tech¬ 
nology which is not representative of 
the national 1.5 HC fleet vehicles.” 
The inclusion of these vehicles in the 
1.5 HC fleet data adds little toward 
meeting the “any vehicle 0 criterion. 27 
Therefore, Ethyl has failed to meet its 
burden under 211(f)(4) and a waiver 
cannot be granted. 


“This constraint would be related to 
those vehicles certified under sec. 206 of the 
Act to Federal standards. This would in¬ 
clude the other Federal standards for earli¬ 
er model years, but no fleet data was pre¬ 
sented on such vehicles. 

“A complete description of the GM San 
Diego Taxi Fleet can be found in GM (June 
23), pt. 2, 45. The Chrysler vehicles are de¬ 
scribed in Chrysler (June 28), hearing han¬ 
dout. There were additional 1.5 HC vehicles, 
however they were operated for part or all 
of the accumulated mileage on fuel contain¬ 
ing W» gr of manganese. A description of the 
data received and the data analyzed is con¬ 
tained in characterization report, 3-4. Ethyl 
has requested a waiver for Vi# gr or V>* gr 
concentration levels and has stated that ft 
gr data is irrelevant to its waiver request. 
See note 7, supra. 

“Ethyl has not shown that its data was 
derived from representative fleets. Our 
analysis, see. Technical Analysis and Char¬ 
acterization Report, was done on all of the 
useable submitted data. We believe that the 
fleets incorporated in this data base are 
more representative than the Ethyl fleets 
because of the larger numbers of vehicles 
and greater variety of vehicles. We cannot 
Identify any substantial subgroups which 
would bias our results against MMT. 

“See Characterization Report at 2. 

“See Technical Analysis at 45. 

“It is conceivable that had Ethyl been 
able to establish no effect on the more "sen¬ 
sitive” 0.41 vehicles, it would have lent some 
support to their position that MMT does 
not adversely affect the less sensitive 1.5 HC 
vehicles. However, as is discussed below 
MMT does have an adverse effect on the 
0.41 vehicles. 


NOTICES 

Despite the above, and although it is 
not required by section 211(f)(4) to do 
so, EPA has gone forward and ana¬ 
lyzed the California vehicle data to de¬ 
termine whether there is an adverse 
MMT effect and if so, whether such 
effect will cause such vehicles to fail 
to meet the 0.41 HC standard. Our in¬ 
terest in 0.41 HC technology is more 
than academic. The 0.41 HC technol¬ 
ogy utilized on California vehicles rep¬ 
resents a close approximation of the 
technology to be employed in meeting 
the stringent 1980 Federal standards. 2 * 
Where the emissions technology is 
available and imminent, and is reason¬ 
ably certain to be applied in a prospec¬ 
tive model year, the effects of MMT 
upon such technology should be exam¬ 
ined. Any grant of a waiver for the 
general use of MMT would, due to its 
widespread use, also necessitate the 
use of MMT in certification. Thus, the 
ability of the auto industry to readily 
produce vehicles if they are required 
to certify on MMT fuels is a very sig¬ 
nificant question. 

V. Design Changes and Sensitive 
Vehicles 

Ethyl has contended that certain ve¬ 
hicles ate "sensitive 0 to the effects of 
MMT 29 and has suggested that modifi¬ 
cation or changes be made to such ve¬ 
hicles to overcome such sensitivity. 
Ethyl offers no conclusions as to what 
factors may cause a vehicle to be 
MMT sensitive but does speculate as 
to a number of potential factors. 30 In 
response to a number of vehicle manu¬ 
facturer assertions that the only 
manner to compensate for an MMT 
effect is to retard the spark (resulting 
in a loss of fuel economy), Ethyl sug¬ 
gests a number of changes that could 
be made. 31 

The primary thrust of the Ethyl ar¬ 
gument is that should there appear to 
be a adverse MMT effect or should a 
number of vehicles appear to have an 
unusual sensitivity to MMT, design 
changes could easily be performed as a 
curative measure. 32 


“In 1980 the Federal emission standards 
become, 0.41 gpm HC. 7.0 gpm CO, and 2.0 
gpm NOx. 

“Ethyl (III). IV-2. 6, 7, 8. VI-4; Ethyl (ID, 
report 2, 11. In response to supplementary 
questions submitted to Ethyl in a letter 
dated July 7, 1978. relating to the sensitivity 
of its test fleet Ethyl referred to section IV 
of Ethyl (III). 

“Ethyl (II), report 2, 10-11. These factors 
include the size and shape of the combus¬ 
tion chamber "pocket,” squish area, and the 
location of spark plug, intake, and exhaust 
valves. In fact Ethyl admits that it does not 
know what actually causes this sensitivity. 
Ethyl (T). 1-24. 

31 Ethyl (I), report 2, 7; and Ethyl (II), 
report 2, 11. These recommendations in¬ 
clude, redesigning of the exhaust port 
liners, higher valve spring loads, smaller 
valve contact seat area, and/or valve rota¬ 
tors. 

“Ethyl(T), 1-129. 


The raising of this issue by Ethyl Is 
confusing for it maintains that the 
emission standard to be used in deter¬ 
mining the waiver is the 1.5 HC stand¬ 
ard. All of the vehicles certified on 
this standard are currently in-use or 
will be introduced within the next few 
months (1979 model year vehicles). 
However, modifications cannot be 
made on in-use vehicles and further, 
such modifications would be unneces¬ 
sary if MMT does not adversely affect 
emissions as Ethyl contends. 

The raising of this issue is apparent¬ 
ly an attempt by Ethyl to shift the 
burden from itself to the vehicle man¬ 
ufacturing industry. The statutory re¬ 
quirements for a waiver state that the 
applicant must establish that the addi¬ 
tive does not cause or contribute to 
any vehicle's failure to meet the emis¬ 
sion standards with respect to which it 
has been certified. 33 Nowhere is there 
the requirement that vehicle manufac¬ 
turers must alleviate such failure by 
modifications. 

If the suggested modifications are 
offered to illustrate the vehicle manu¬ 
facturer’s ability to meet the 1980, 41 
HC standard with MMT use, I must 
cite the serious concerns raised by the 
vehicle manufacturer’s in contradict¬ 
ing this point. GM has stated 34 that 
neither it nor Ethyl has defined what 
modifications will alleviate an MMT 
effect and the possibility of not certi¬ 
fying some of its more MMT-sensitive 
engines would be great. 

Ford. 33 while agreeing that the Ethyl 
recommended changes would help al¬ 
leviate the adverse impact of MMT 
use, concludes that it does not know 
what parameters to actually change. 
Ford further states that it cannot 
readily make any changes to compen¬ 
sate for MMT usage. Chrysler 36 states 
that it may be unable to certify its 
1980 vehicles on fuel using MMT. 

VI. EPA Analysis 

A. STATISTICAL ANALYSIS 37 

a. Adverse HC Emissions Effect In 
order to determine if MMT-fueled ve¬ 
hicles manifest an adverse effect on 
tailpipe HC emissions as compared to 
clear-fueled vehicles, we examined 
eight characteristics of the data at 0, 
% 2 , and Vie g Mn/gallon. These char¬ 
acteristics were: 

1. Deterioration factors . Deteriora¬ 
tion factors (DF) were calculated for 
each vehicle group and fuel. The DF is 
used in the EPA certification of proto¬ 
type vehicles and therefore helps to 
evaluate the effect MMT might have 


“See H.R. Rep. No. 950564, 95th Cong., 
1st Sess. 161 (1977). 

“GM (July 27), cover letter. 

“Ford(T), fl-104-107. 

“Chrysler (July 27). 

27 A complete discussion of the statistical 
analysis including the data used is located 
in the characterization report. 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 








on the certification process. A one-side 
sign test was used to test the null hy¬ 
pothesis of no adverse MMT effect on 
DP's. 

2. Least squares regression slopes. 
Slopes of the least squares regressions 
lines were calculated for each vehicle 
group and fuel. The slope of each 
MMT vehicle group was compared to 
that of the matching clear-fueled vehi¬ 
cle group to determine, using a one¬ 
sided t-test, the probability that the 
MMT-fueled vehicle group deteriorat¬ 
ed faster than the clear-fueled vehicle 
group. A one-sided sign test was used 
to test the hypothesis that there was 
no adverse MMT effect. 

3. Maximum percent of vehicles fail¬ 
ing standard. The maximum percent¬ 
age of failing vehicles was determined 
for each vehicle group and fuel over 
the maximum mileage for which the 
vehicle group was tested. The maxi¬ 
mum percentage failure of each MMT 
vehicle group was compared to its 
comparable clear-fueled vehicle group 
by one-sided sign tests. 

4. Mileage point at which the regres¬ 
sion line first exceeds standard. Using 
the regression lines, the mileage point 
at which each MMT and clear-fueled 
vehicle group first failed its designed 
HC standard was computed. The mile¬ 
age point for each MMT vehicle group 
was compared to its comparable clear- 
fueled vehicle using a one-sided sign 
test. 

5. Change in HC emissions from low 
mile point to 50,000 miles. Data from 
vehicles which had not accumulated 
50,000 miles were not used in this anal¬ 
ysis. The emission levels for the low 
and 50,000 mile points were taken as 
the average of data points within 250 
miles of the starting and ending mile¬ 
ages. The changes in the emission 
levels from low to high mileage was 
computed for each vehicle group. The 
change in emission levels for each 
MMT-fueled vehicle group was com¬ 
pared to that of the comparable clear- 
fueled vehicle group using one-sided 
sign and Mann-Whitney tests. 

6. Integral tailpipe HC above the ini¬ 
tial emissions level Total HC emis¬ 
sions increase for each vehicle was 
computed by approximate integration 
using averages of actual data points. 
The total HC emissions increase for 
each MMT-fueled vehicle group was 
compared to that of the comparable 
clear-fueled vehicle group using one¬ 
sided sign and Mann-Whitney tests. 

7. Change in emissions from low 
mileage point to 5 t 000 miles. The emis¬ 
sion levels for the low and 5,000 mile 
points were taken as the average of 
data points within 250 miles of the 
starting and ending mileages. The 
changes in the emission level from low 
to 5,000 miles were computed for each 
vehicle group and fuel. The change in 
emission levels for each MMT-fueled 


NOTICES 

vehicle group was compared to that of 
the comparable clear-fueled vehicle 
group using one-sided and Mann-Whit¬ 
ney tests. 

8. Comparison of initial emission 
levels. The concern was raised that dif¬ 
ferent initial emission levels of the dif¬ 
ferent vehicle groups might mask any 
MMT effect. Therefore, initial emis¬ 
sion levels were compared for each ve¬ 
hicle group and fuel. The average ini¬ 
tial emission levels for each MMT- 
fueled vehicle group was compared to 
the initial emission levels of the com¬ 
parable clear-fueled vehicle group 
using a two-sided Mann-Whitney test. 

For each of these measures, match¬ 
ing MMT and clear-fueled vehicles 
were compared through the same 
mileage interval point. We used a total 
of 153 MMT and clear-fueled vehicles, 
whereas Ethyl’s analysis was based 
primarily on its 30 car test fleet. M 
There was no extrapolation of data 
beyond a vehicle’s maximum mileage 
interval point. Comparisons were 
tested for statistical significance by 
one or more tests, the t-test, sign test, 
or modified Mann-Whitney (rank sum) 
test. 

The results of this analysis are sum¬ 
marized below. 

1. To what degree of confidence can it be 
stated that a vehicle fueled on MMT will 
have a greater deterioration factor than its 
corresponding clear*fueled vehicle? 

g Mn’/,a g Mn 
(percent) 

Deterioration factor. ....~ 85 88 

2. To what degree of confidence can it be 
stated that a vehicle group fueled on MMT 
will have a greater slope than its corre¬ 
sponding clear-fueled vehicle group? 

Vii g Mn vu g Mn 
(percent) 

Slope .-.. 98 99 

3. To what degree of confidence can it be 
stated that at any time during their useful 
lives a greater number of MMT-fueled vehi¬ 
cles will fail their designed HC standard 
than their corresponding clear-fueled vehi¬ 
cles? 

M>« g Mn Vie g Mn 
(percent) 

Confidence of MMT vehicle fail¬ 
ure . . ....... 99 99 

4. To what degree of confidence can it be 
stated that MMT-fueled vehicles will fail to 
meet their designed HC standard at a point 
In their useful life earlier than the corre¬ 
sponding clear-fueled vehicles? 

Vfcs g MnVi« g Mn 
(percent) 

Confidence of earlier MMT vehi¬ 
cle failure .....—.-. 99 99 

5. To what degree of confidence can it be 
stated that the increase in the tailpipe HC 
emissions over a vehicle's useful life will be 
greater for the MMT-fuled vehicle group 


M For a description of the MMT test fleets 
included in EPAs data base, see character¬ 
ization report at 5-12 and table 17. EPA has 
no reason to believe that its database is de¬ 
rived from fleets biased against MMT. 


41427 

than the matching clear-fueled vehicle 
group? 

Vfca g Mn Vm g Mn 
(percent) 

Confidence of greater HC change 

due to MMT. sign test.. 85 98 

Mann-Whitney test . 99 99 

6. To what degree of confidence can it be 
stated that an MMT-fueled vehicle group 
will emit more total hydrocarbons over its 
useful life than the corresponding clear- 
fueled vehicle group? 

Mis gMn^g Mn 
(percent) 


Confidence of greater HC emis¬ 
sions due to MMT. sign test- 99 99 

Mann-Whitney test.. 99 99 


7. To what degree of confidence can it be 
stated that an MMT-fueled vehicle group 
will have different Initial emissions than 
their clear-fueled counterparts? 

Mix g MnVic g Mn 
(percent) 

Confidence of difference in initial 
emission for MMT vehicle 


groups: 

Sign test----- 8 28 

Mann-Whitney test. 0 70 


8. To what degree of confidence can it be 
stated that the increase In tailpipe HC emis¬ 
sions from the low mile point to 5,000 miles 
will be greater for an MMT-fueled vehicle 
group than the clear-fueled counterpart? 

g Mn Vi« k Mn 
(percent) 

Confidence of greater HC change 

due to MMT. sign test..- 99 82 

Mann-Whitney test —--...- 97 90 

From the above results, I conclude 
that MMT has a statistically signifi¬ 
cant adverse HC emissions effect at 
the V 32 and yi« gram Mn per gallon use 
levels. 

b. Failure of Vehicles Attributable to 
MMT. In order to determine if the 
demonstrated adverse effect will cause 
or contribute to failure of vehicles to 
meet their HC emission standards at 
any time during their useful lives, we 
estimated the percent failure for each 
vehicle group and fuel and compared 
the results of each MMT-fueled vehi¬ 
cle group to its matching clear-fueled 
vehicle group. The analysis was per¬ 
formed looking at individual types of 
emission systems and then in the ag¬ 
gregate. 

In order to provide a frame of refer¬ 
ence against which to analyze our 
data, we treated a failure as occurring 
when more than 10 percent of a class 
of vehicles failed to meet their de¬ 
signed emissions standard 39 at any 


*• Vehicles manufactured for sale in Cali¬ 
fornia are designed to meet the California 
emission standards of .41 gpm HC. 9.0 gpm 
CO. and 1.5 gpm NOx (1979 standard), al¬ 
though certified as meeting the Federal 
standards, e.g., 1.5 gpm HC. Although sec¬ 
tion 211(f)(4) refers to the certified emission 
standards, we have chosen to analyze the 
California vehicle data with respect to the 
.41 HC standard. This choice was made be¬ 
cause vehicles designed to a .41 HC standard 
utilize different emission control technology 
than vehicles designed to a 1.5 HC standard. 

Footnotes continued on next page 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 
















41428 


NOTICES 


point in their useful lives. 40 Thus, 
when the observed failure rate for a 
class of vehicles, at any mileage point 
during their useful lives, exceeds 10 
percent such occurrence constitutes a 
failure. In the case where a clear- 
fueled vehicle class does not, at a par¬ 
ticular mileage point, exceed the 10 
percent failure rate, MMT would 
cause failure if. at the same mileage 
point, the matching MMT fueled vehi¬ 
cle class exceeds the 10 percent failure 
rate. Similarly, in the case where a 
clear-fueled vehicle class exceeded the 
10 percent failure rate, at a particular 
mileage point, MMT would be contrib¬ 
uting to failure of that class if, at the 
same mileage point, it was found that 
the matching MMT-fueled vehicle 
class or exceeded the percent failure 
of the clear-fueled vehicle class or ex¬ 
ceeded the 10 percent failure rate at 
an earlier mileage point than the 
clear-fueled vehicle class. 

EPA has concluded that every vehi¬ 
cle subject to emission standards must 
meet such standards throughout its 
useful life. 41 The choice in this in¬ 
stance of a 10 percent criterion for 
failure is consistent with thc*t conclu¬ 
sion. The choice of a 10 percent crite¬ 
rion is based on our judgement of the 
vehicle manufacturing industry’s abili¬ 
ty to mass produce vehicles meeting 
applicable emission standards and to 
allow some flexibility due to test vari¬ 
ations and unavoidable production ab¬ 
errations. 41 

1. Oxidation catalyst vehicles de¬ 
signed to meet the .41 HC standard. 
For vehicles equipped with an oxida¬ 
tion catalyst and designed to meet the 
.41 HC standard we found that 9 out 
of 10 vehicle groups using Vfea g Mn 
fuel exceeded the 10 percent failure 
level at some mileage point where the 
corresponding clear-fueled vehicles 
were below the 10 percent level. Simi¬ 
larly, 16 out of 20 vehicle groups using 
Vi 6 g Mn fuel exceeded, at some mile¬ 
age point, both the 10 percent failure 
level and the failure rate of the clear- 
fueled vehicles. 

2. Three-way catayst vehicles de¬ 
signed for the .41 HC standard. For ve¬ 
hicles equipped with three way cata¬ 
lysts, we found that 5 out 6 vehicle 
groups fueled on Vie g Mn fuel exceed¬ 
ed the 10 percent failure rate at some 
point where the clear-fueled vehicles 


Footnotes continued from last page 
It is believed that more relevant conclusions 
as to the effects of MMT on the various 
technologies can be drawn from analyses 
performed with respect to the designed 
emission standards. 

40 Useful life is defined in 40 CFR 86.077- 
2(b), pursuant to section 202(b) of the Clean 
Air Act. as 5 years or 50.000 miles whichever 
occurs first. 

41 See “Selective Enforcement Auditing 
Procedures,” 41 Fed. Reg. 31472, 31474 
(1976). 

41 Id. at 31474-76. 


were below the 10 percent failure 
level. For vehicles using %2 g Mn we 
found that 3 out of 4 vehicle groups 
exceeded the 10 percent failure rate 
level at some point where the clear- 
fueled vehicles were below the 10 per¬ 
cent failure level. 

3. 1.5 HC vehicles 43 One out of one 
Vs 2 g Mn fueled vehicle group exceed¬ 
ed the 10 percent failure rate level 
where the clear-fueled vehicles are 
below the 10 percent level. Two out of 
three vehicle groups fueled on Via g 
Mn exceeded the 10 percent failure 
rate level where the clear-fueled vehi¬ 
cles were below the 10 percent level at 
the same mileage point. 

From the above discussion we can 
state with the following confidence 
that MMT will cause or contribute to 
the failure of vehicles to meet their 
designed emission standard: 

Vat g Mn Vifrg Mn 


(percent) 

.41 Oxidation catalyst vehicles. 98 99 

.41 three way catalyst vehicles...... 68 89 

1.5 vehicles *...... 

All vehicles regardless of de¬ 
signed HC standard or emission 
controls__ 99 99 


M No meaningful confidence statements can be 
made on the basis of a single observation. 

From the above analysis, I conclude 
that MMT in fact causes or contrib¬ 
utes to failure of vehicles to meet 
their designed emission standards. 

B. TECHNICAL ANALYSIS 

At the MMT waiver hearing and 
from the submitted information, a 
number of technical issues were raised 
which EPA believes should be ad¬ 
dressed. Those technical issues were 
investigated and, where possible, con¬ 
clusions were reached regarding each 
issue. The technical issues which were 
addressed included: the effect of MMT 
on oxygen <O a ) sensors, catalyst plug¬ 
ging due to MMT, MMT enhancement 
of catalyst efficiency, vehicle design or 
automotive components indicative of a 
vehicle’s sensitivity to MMT, and com¬ 
bustion chamber deposits due to MMT 
and the effects of such deposits. 

a. Oxygen Sensors. 46 Oxygen sensors 
are an important component in the 
three-way catalyst (TWC) emission 
control systems which have recently 
come into increased use. Volvo intro¬ 
duced a three-way catalyst system in 
California in 1977, followed by Saab, 
Ford, and GM in 1978. Most manufac¬ 
turers have plans to use three-way 
catalyst technology to meet future 
stringent emission control standards. 

Recent fleet tests of production 
TWC systems by Ethyl and the Co- 


45 Although we have determined that, 
alone, the data on 1.5 HC vehicles is insuffi¬ 
cient upon which to grant a waiver, we have 
analyzed such data individually for pur¬ 
poses of completeness in our analysis. 

44 For a complete discussion, see Technical 
Analysis at 25-29. 


ordinating Research Council (CRC) 
have uncovered an MMT effect on 
these sensors which leads to a de¬ 
crease in HC control. 48 Upon an exami¬ 
nation of the before and after sensor 
change emissions data, MMT was ob¬ 
served to affect the durability of the 
oxygen sensors in the TWC systems 
tested. 47 

EPA has concluded that MMT must 
be strongly suspected of having an ad¬ 
verse effect on oxygen sensor perform¬ 
ance which l eads to increased HC 
emissions from TWC systems. 

b. Combustion Chamber Deposits.* 9 
Based on a very limited amount of in¬ 
formation, it is EPA’s opinion that the 
lack of an adverse effect on combus¬ 
tion chamber deposits due to the use 
of MMT has not been established. The 
only data on combustion chamber de¬ 
posits presented shows an adverse HC 
emissions effect due to these deposits. 

c. Catalyst Enhancement 49 Ethyl 
has presented the opinion that MMT 
may cause an enhancement of oxida¬ 
tion catalyst activity which leads to 
improved catalyst efficiency. This 
catalyst enhancement is purported to 
be a benefit of the use of MMT and a 
contributing factor towards overcom¬ 
ing the increased engine-out HC emis¬ 
sions observed when MMT is used. 

An examination of the data submit¬ 
ted has led EPA to the conclusion that 
the catalyst “enhancement effect” is 
at best a weak effect, which does not 
overcome the negative effect of MMT 
on engine-out emissions. 

d. Catalyst Plugging.* 0 Early work by 
Ethyl, GM, Ford, and others showed 
the potential for catalyst plugging 
when vehicles were fueled with MMT 
(usually at the 1/8 g Mn level). 51 Ethyl 
testified that it had seen no evidence 
of catalyst plugging at the 1/16 g Mn 
level. 52 Ethyl has stated that catalyst 
plugging may occur because of the ag¬ 
glomeration of manganese oxide parti¬ 
cles on catalytic converters at high 
temperatures with plugging tendency 
decreasing at lower MMT concentra¬ 
tions and lower temperatures. 51 Based 
on data presented at the waiver hear¬ 
ing by GM, Ford, Toyota, and CRC, I 
conclude that there is increasing po¬ 
tential for catalyst plugging with con¬ 
tinued use of MMT. 54 

e. MMT Sensitivity It has only 
been recently suspected that different 
engines may have varied sensitivity to 


“EthyKT), 1-100-101. 

47 CRC(T), 1-204; Chrysler (July 27). 

44 See Technical Analysis at 30. 

49 See Technical Analysis at 31-35. 

50 See Technical Analysis at 37. 

41 Ethyl(T), 1-43; CRC(T), 1-217; GM(T), 
11-21; Ford (T). 11-85. 

M Ethyl(T), 1-8. 

M Ethyl(T), 1-97. 

44 GM(T), 11-18, 20; GM (June 23). Section 
IV. 110; Toyota (July 14); CRC(T), 1-218; 
Technical Analysis, note 9. 

“See Technical Analysis at 42. 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 









NOTICES 


41429 


MMT. As there has been no resolution 
of the theoretical basis of MMT sensi¬ 
tivity. the classification of an engine 
as being sensitive or insensitive to 
MMT has been entirely empirical. No 
information has been provided which 
would allow an a priori identification 
of MMT sensitive engines. 

VII. Findings and Conclusions 

I have determined that Ethyl has 
not established that MMT at the spec¬ 
ified concentrations of 1/16 and 1/32 
grams of manganese per gallon and 
the emission products thereof will not 
cause or contribute to a failure of any 
emission control device or system 
(over the useful life of any vehicle in 
which such device or system is used) 
to achieve compliance by the vehicle 
with the emission standards with re¬ 
spect to which it has been certified 
pursuant to section 206 of the Clean 
Air Act. 

Although not required to do so by 
the Act, I find, based upon our techni¬ 
cal and statistical analyses, that-MMT 
has an adverse HC emissions effect at 
1/16 and 1/32 grams of manganese per 
gallon concentrations. This effect was 
found, with high confidence, for all ve¬ 
hicle groups in EPA's data base. The 
limited amount of data for 1.5 HC ve¬ 
hicles also showed an adverse effect. 
However, the data submitted for vehi¬ 
cles certified on a 1.5 HC standard is 
by any reasonable standard, insuffi¬ 
cient to meet the “any vehicle*' crite¬ 
rion of section 211(f)(4). I also find 
that MMT will cause or contribute to 
the failure of vehicles to meet their 
designed HC emission standard. 

The requests for waivers are denied. 

Dated: September 11,1978. 

Douglas M. Costle, 
Administrator. 

(PR Doc. 78-26096 Piled 9-18-78; 8:45 am] 


[ 6560 - 01 ] 

[FRL970-1; OPP-000751 

FEDERAL INSECTICIDE, FUNGICIDE, AND RO- 
DENTICIDE ACT SCIENTIFIC ADVISORY 
PANEL 

Open Mealing 

AGENCY: Office of Pesticide Pro¬ 
grams, Environmental Protection 
Agency (EPA). 

ACTION: Notice of open meeting. 

SUMMARY: There will be a one-day 
meeting of the Federal Insecticide, 
Fungicide, and Rodenticide Act 
(FIFRA) Scientific Advisory Panel 
from 9:30 a.m. to 4:30 p.m. on Tuesday, 
October 3, 1978. The meeting will be 
held in Room 1112A, Crystal Mall. 
Building No. 2, 1921 Jefferson Davis 


Highway. Arlington, Va., and will be 
open to the public. 

FOR FURTHER INFORMATION 
CONTACT: 

Dr. H. Wade Fowler, Jr., Executive 
Secretary, FIFRA Scientific Adviso¬ 
ry Panel, Office of Pesticide Pro¬ 
grams (TS-766), Room 803, Crystal 
Mall, Building No. 2, 1921 Jefferson 
Davis Highway, Arlington, Va.. tele¬ 
phone. 703-557-7560. 

SUPPLEMENTARY INFORMATION: 
In accordance with section 25(d) of the 
amended FIFRA, the Scientific Advi¬ 
sory Panel will comment on the 
impact on health and the environment 
of regulatory actions under section 
6(b) and 25(a) prior to implementa¬ 
tion. The purpose of this meeting is to 
discuss the following topics: 

1. Review of FIFRA*section 25(c)(3) 
final regulations on special packaging 
of pesticides; 

2. Introductory briefing on plans by 
EPA for conditional registration of 
pesticides; and 

3. In addition, the Agency may pres¬ 
ent status reports on other ongoing 
programs of the Office of Pesticide 
Programs. 

Any member of the public wishing 
to attend or submit a paper should 
contact Dr. H. Wade Fowler, Jr., at 
the address or phone listed above to be 
sure that the meeting is still sched¬ 
uled. Interested persons are permitted 
to file written statements before or 
after the meeting, and may upon ad¬ 
vance notice to the Executive Secre¬ 
tary, present oral statements to the 
extent that time permits. Written or 
oral statements will be taken into con¬ 
sideration by the Panel in formulating 
comments or in deciding to waive com¬ 
ments. Persons desirous of making 
oral statements must notify the Ex¬ 
ecutive Secretary and submit copies of 
a summary no later than September 
27. 1978. 

Individuals who wish to file written 
statements are advised to submit 
copies of statements to the Executive 
Secretary in a timely manner to 
ensure appropriate consideration by 
the panel. 

(Sec. 25(d) of FIFRA. as amended (86 Stat. 
973; 89 Stat. 751; (7 U.S.C. 136(a) et seq.); 
and Sec. 10(a)(2) of the Federal Advisory 
Committee Act (Pub. L 92-463; 86 Stat. 
770).) 

Dated: September 13, 1978. 

Edwin L. Johnson, 
Deputy Assistant Administrator 
for Pesticide Programs. 
(FR Doc. 78-26229 Filed 9-15-78; 8:45 am] 


[ 6560 - 01 ] 

(FRL 968-51 

RECEIPT OF ENVIRONMENTAL IMPACT 
STATEMENTS 

Pursuant to the President's Reorga¬ 
nization Plan No. 1. the Environmen¬ 
tal Protection Agency is the official re¬ 
cipient for environmental impact 
statements (EIS) and is required to 
publish the availibility of each EIS re¬ 
ceived weekly. The following is a list 
of environmental impact statements 
received by the Environmental Protec¬ 
tion Agency from August 28. 1978, 
through September 1. 1978. The date 
of receipt for each statement is noted 
in the statement summary. Under the 
guidelines of the Council on Environ- 
mantal Quality the minimum period 
for public review and comment on 
draft environmental impact state¬ 
ments is forty-five (45) days; the date 
of submission of comments is October 
23, 1978. The thirty (30) day period for 
each final statement begins the day 
the statement is made available to the 
Environmental Protection Agency and 
to commenting parties. 

Copies of individual statements are 
available for review from the originat¬ 
ing agency. Back copies are also availa¬ 
ble at 10 cents per page from the Envi¬ 
ronmental Law Institute. 1346 Con¬ 
necticut Avenue, Washington, D.C. 
20036. 

Dated: September 12, 1978. 

William D. Dickerson, 
Acting Director, 
Office of Federal Activities. 

Department op Aoriculture 

Contact: Mr. Barry Flamm, Coordinator. 
Environmental Quality Activities. U.S. De¬ 
partment of Agriculuture. Washington. D.C. 
20250. 202-447-3965. 

FOREST SERVICE 

Draft 

Cowlitz planning unit, land management 
plan, Lewis and Pierce Counties. Wash., 
September 1: Proposed is a land manage¬ 
ment plan for the Cowlitz planning unit. 
Gifford Pinchot National Forest, Lewis and 
Pierce Counties, Wash. The plan would 
affect 124,300 acres of the unit and would 
include: (1) Classification of 78.290 acres as 
general forest. (2) wildlife management on 
24,140 acres, (3) 7,110 acres added to the wil¬ 
derness study area, (4) continuance of 550 
acres as a natural area, (5) 1,250 acres allo¬ 
cated as an unroaded recreation area. (6) 
110 acres of roaded recreation area. (7) 110 
acres of developed recreation, and (8) pro¬ 
tection of 85 miles of stream. Timber har¬ 
vest management is included. (USPA-FS- 
R6-DES-< ADM )-78-13.) (EIS Order No. 
80970.) 

Greys-Salt River planning unit, Bridger- 
Teton National Forest. Lincoln County, 
Wyo., September 1: Proposed is a land man¬ 
agement plan for the Greys Salt River plan¬ 
ning unit located in Bridger-Teton National 
Forest, Lincoln County, Wyo. Alternatives 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 








41430 


NOTICES 


for the management plan include emphasis 
on: (1) Dispersed recreation with recommert J 
datlon for wilderness study for roadless 
areas. (2) dispersed recreation with mini¬ 
mum development and no wilderness study 
Of roadless areas, (3) noncommodity key 
values. (4) commodity key values, (5) bal¬ 
ance of all key values (proposed plan), and 
(6) commodity production regardless of key 
values. (USDA FS-R4-DES-ADM-78-8J 
(EIS Order No. 80973.) 

Draft Supplement 

Huston Park land management plan. 
Medicine Bow National Forest, Carbon 
County. Wyo.. September 1: The statement 
supplements a final EIS filed in September 
1977 concerning a land management plan 
for the 63,560-acre Huston Park unit located 
on the Hayden district of the Medicine Bow 
National Forest, Carbon County. Wyo.. the 
selected alternative has been changed and 
features: (1) Division of unit into six man¬ 
agement units, (2) recreational use. (3) man¬ 
agement of stands of trees. (4) domestic live¬ 
stock use. and (5) wildlife habitat manage¬ 
ment. Ten alternatives are considered. 
< USDA-FS-R2-SFES (ADM) FY-77-02.) 
(EIS Order No. 80974.) 

U.S. Army Corps of Engineers 

Contact: Dr. C. Grant Ash, Office of Envi¬ 
ronmental Policy Department. Attention: 
DAEN-CWR-P. Office of the Chief of Engi¬ 
neers. U.S. Army Corps of Engineers. 1000 
Independence Avenue SW.. Washington, 
D.C. 20314, 202-693-6795. 

Draft 

Kaunakakai Harbor, Molokai, Hawaii, 
Maui County, Hawaii. August 29: The pro¬ 
posed project plan consists of a deep draft 
harbor at Kaunakakai Harbor. Maui 
County, Island of Molokaf. Hawaii, capable 
of serving future waterborne commerce 
needs of Molokai. Harbor improvements 
would include general navigational features 
comprising and entrance channel, harbor 
basin, protective structures, necessary aids 
to navigation, and landscaping measures. At 
present, two harbor concepts are being con¬ 
sidered. (Honolulu District.) (EIS Order No. 
80946.) 

Small Boat Harbor, Olcott Harbor, Niag¬ 
ara County. N.Y. August 31: Proposed is a 
small boat harbor plan for Olcott Harbor lo¬ 
cated in Niagara County. N.Y. The plan 
would provide two breakwaters, one to the 
west which would protect the existing chan¬ 
nel to Eighteen Jle Creek and the other on 
the ease which would form a large mooring 
basin and provide sport fishing. Additional 
mooring spaces would be supplied by the 
west breakwater. Several new channels will 
be incorporated with limited dredging which 
would be disposed of at an upland site. Rec¬ 
reational facilities will be included. (Buffalo 
District.) (EIS Order No. 80961.) 

Final 

Mouth of Colorado River, Tex., Mata¬ 
gorda County. Tex.. August 29: The pro¬ 
posed project consists of an entrance chan¬ 
nel In the gulf. 15 feet deep by 200 feet 
wide, protected by jetties. The proposed 
east jetty is a weir type, designed to pass lit¬ 
toral material into an Impoundment basin 
for periodic transfer to the down-drift 
beach, from the gulf inland to its connec¬ 
tion with the gulf Intracoastal Waterway 
(GIWW). the proposed channel will be 
dredged to 12 feed in depth and 100 feet in 


width. Adverse effects include the elimina¬ 
tion of most of the benthic populations oc¬ 
cupying the affected areas. About 242 acres 
of terrestrial wildlife habitat will be re¬ 
moved or modified. (Galveston District.) 
Comments made by: EPA. DOI. DOC, AHP. 
HEW. USDA, DOT. and State agencies. 
(EIS Order No. 80949.) 

U.S. 321 Highway. Watauga County. N.C., 
Watauga County. N.C. August 30: Proposed 
is the improvement of the existing two-land 
U.S. 321 Highway by widening to a basic 
four-lane highway. The improvement is 5.3 
miles in length between Boone and Blowing 
Rock in Watauga County. N.C. Widening of 
the highway will require channel changes of 
Middle Fork Creek, a tributary of the South 
Fork of the new river. The channel involves 
3,550 feet of the stream. Widening of U.S. 
321 will require reconstruction of 500 feet of 
the Blue Ridge Parkway and a new bridge 
200 feet in length which carries parkway 
traffic over U.S. 32L. (Huntington District.) 
(FHWA-NC-EIS-75-07-F.) Comments made 
by: EPA, DOI. AHP. HEW. 8tate and local 
agencies, groups, individuals, and business¬ 
es. (IBIS Order No. 80951.) 

GATX Corp. terminal facility. Delaware 
River, Gloucester County, N.J„ August 30: 
The General American Transportation 
Corp. (GATX) has proposed to construct a 
terminal for the storage and transfer of 
bulk petroleum products on a 400 + acre 
tract in West Deptford, N.J. Plans include 
construction of a tanker and barge docking 
facility, a tank farm site, a maintenance 
building, and an office. The initial utiliza¬ 
tion of tank storage will be for No. 2 fuel oil, 
naphtha, and methanol. Dredging will 
result in a temporary increase in turbidity, 
evaporation losses of product will add to air 
pollution, and there will be some Increase in 
the chance of a chemical or oilspill into the 
Delaware. (Philadelphia District.) Com¬ 
ments made by: DOT, HUD. USDA, DOI. 
DOC, EPA, State and local agencies, and 
businesses. (EIS Order No. 80956.) 

Texas City Channel (Industrial Canal), 
Galveston, Galveston County. Tex., Septem¬ 
ber 1: The propose action consists of widen¬ 
ing of the existing main turning basin, relo¬ 
cation of the basin 85 feet to the east, deep¬ 
ening and widening the industrial canal, 
deepening of the turning basin at the head 
of the center of the Industrial Canal to 40 
feet, and easing of the bend at the entrance 
to the Industrial canal. AD dredging will be 
accomplished by hydraulic pipeline dredge 
with dredged material disposal on Snake 
Island and in adjacent areas of Galveston 
Bay. Adverse effects include destruction or 
disturbance of some fish and bottom dweU- 
Ing organisms, temporart increases in turbi¬ 
dity. and resuspension of toxic materials in 
the vicinity of the dredge. (Galveston.) 
Comments made by: DOI. DOC. EPA, CGD, 
and State and local agencies. (EIS Order No. 
80976.) 

Draft supplement 

Ellicott Creek, flood protection and recre¬ 
ation, Erie County, N.Y., August 30: Pro¬ 
posed is a flood management plan for the 
Lower Ellicott Creek Basin which will con¬ 
sist of a combination of a major channeliza¬ 
tion-diversion channel for the towns of Am¬ 
herst and Tonawanda. Erie County, N.Y. 
The project will feature: (1) Approximately 
1.7 miles of major channebzation. (2) con¬ 
struction of a new channel in addition to 
two diversion channels totaling 1.6 miles, (3) 
bridge modification and construction, (4) 


placement of riprap, and (5) recreational 
parks and trails. In addition, the existing 
0.4-mile diversion channel In Ellicott Creek 
Park connecting Ellicott and Tonawanda 
Creeks will be widened. (Buffalo District.) 
(EIS Order No. 80957.) 

Flood control improvements. South Har¬ 
risburg, Dauphin County, Pa.. September 1: 
This statement-supplements a draft EIS 
filed in August 1977 concerning flood pro¬ 
tection for Paxton Creek and Susquehanna 
River located in South Harrisburg, Dauphin 
County, Pa. Features of the proposal in¬ 
clude: (I) A 12-foot high flood wall, (2) 
channel changes and construction of a de¬ 
tention reservoir on Asylum Run, and (3) 
sizing of Paxton Creek to accommodate the 
100-year flood!!ow as modified by the deten¬ 
tion reservoir. Recreational fish and wildlife 
improvements are associated with project. 
(Baltimore District.) (EIS Order No. 80965.) 

Final supplement 

Surfside-Sunset and Newport Beach. 
Orange County (S-2), Orange County. 
Calif., August 30: Proposed is a beach nour¬ 
ishment project to restore the eroding Surf¬ 
side-Sunset Beach shoreline and help main¬ 
tain the integrity of the Sandy Beach shore¬ 
line downcast from Surfside-Sunset Beach. 
The nourishment beach extends along ap¬ 
proximately 6,000 feet of the Surfside- 
Sunset Sandy Beach shoreline. The nour¬ 
ishment material will be obtained from 
within a 190-acre subtid&l borrow site locat¬ 
ed about 6,500 feet offshore from the feeder 
beach. (Los Angeles District.) Comments 
made by: AHP, DOC. DOI. EPA. DOT. 
HUD, USN, State and local agencies, and 
groups. (EIS Order No. 80958.) 

Civil Aeronautics Board 

Contact: Mr. Ivars V. Mellups. Office of 
the General Counsel, Civil Aeronautics 
Board, 1825 Connecticut Avenue NW., 
Washington, D.C. 20428, 202-673-5205. 

Draft 

Oakland Sendee case, docket 30699. 
August 29: Proposed by the CAB is new and 
improved authority in following Oakland 
markets: Albuquerque, Atlanta, Boston, 
Chicago. Dallas/Fort Worth, Denver. De¬ 
troit. Houston, Kansas City. Minneapolis/ 
St. Paul, Philadelphia. Phoenix, Portland. 
Sait Lake City, and Seattle. This will be 
considered through the Oakland Service 
case. The Board has tentatively decided to 
adopt a policy of awarding permissive, subsi¬ 
dy-ineligible authority in each market 
where a need for new authority is shown to 
every fit, willing, and able applicant whose 
illustrative service proposal indicates that it 
is prepared to satisfy any part of that need. 
(EIS Order No. 80947.) 

Department of Commerce 

Contact: Dr. Sidney R. Galler. Assistant 
Secretary for Environmental Affairs, De¬ 
partment of Commerce. Washington. D.C. 
20230, 202-377-4335. 

national oceanic and atmospheric 

ADMINISTRATION 

Draft 

Grourfdfish fishery in the Bering Sea. 
September 1: The proposed action is to 
adopt and implement a fishery management 
plan for the groundfish fishery for the 
Bering Sea/Aleutian Island area under, pro¬ 
visions of title in of The Fishery Conserva- 


FEDERAL REGISTER, VOL 43, NO. Ill—MONDAY, SEPTEMBER 1«, 1971 






NOTICES 


41431 


tion and Management Act of 1976 (Pub. L. 
94-265). This Act extends jurisdiction over 
fishery resources and establishes a program 
for their management. The purpose of the 
plan Is to manage the groundfish fishery in 
the Bering Sea/Aleutian Island area for the 
optimum yield, and to allocate harvest be¬ 
tween domestic and foreign fishermen. (EIS 
Order No. 80966.) 

Butterfish fishery of the northwest Atlan¬ 
tic Ocean. September 1: Proposed is a man¬ 
agement plan for the butterfish fishery of 
the Northwestern Atlantic Ocean. It re¬ 
places the preliminary management plan 
currently In effect. The objectives of the 
plan are to: (1) Minimize cost of butterfish 
and consumers: (2) minimize costs of har¬ 
vesting butterfish; (3) increase employment 
opportunities for commercial fishermen: <4) 
prevent exploitation of the resource beyond 
that level producing the maximum sustain¬ 
able yield; (5) minimize costs of enforce¬ 
ment and management of the resources; and 
(6) maximize marine food resources. (EIS 
Order No. 80967.) 

High seas salmon fishery off the coast of 
Alaska, September 1: The proposed action is 
to adopt and Implement a fishery manage¬ 
ment plan for the high seas salmon fishery 
off the coast of Alaska east of 175* east lon¬ 
gitude under provisions of title III of the 
Fishery Conservation and Management Act 
of 1976 (Pub. L. 94-265). This Act extends 
jurisdiction over fishery resources and es¬ 
tablishes a program for their management. 
The purpose of the management plan is to 
manage the ocean salmon resources off the 
coast of Alaska and the troll fishery on 
those resources. (EIS Order No. 80969.) 

Final 

Maine's coastal zone management pro¬ 
gram, Maine, August 28: The proposed 
action is the approval of a coastal program 
application by the State of Maine. The 
State of Maine is requesting administrative 
grants to Improve environmental conditions, 
land use planning and management and to 
carry-out research that will result in recom¬ 
mendations to the legislature for improve¬ 
ment of policies concerning tourism, fisher¬ 
ies. heavy industry, etc. Comments made by: 
EPA. DOE. HUD, DOT. COE, USDA, DOE, 
FERC, DOD, DOI, State and local agencies, 
businesses. (EIS Order No. 80939.) 

New Jersey coastal management program, 
New Jersey, August 30: The action proposed 
is the approval by DOC of the State of New 
Jersey’s coastal zone management program, 
bay and ocean shore segment. The funding 
will be used for various actions which in¬ 
clude Improvement or development of: (1) 
Mapping programs, (2) preparation of a 
coastal handbook, (3) educational and infor¬ 
mation programs. (4) energy facility siting 
criteria and policies, (5) beach and water¬ 
front area access, and (6) coastal manage¬ 
ment enforcement and monitoring pro¬ 
grams. Comments made by: DOE. HUD, 
DOT, DOD. DOC. USDA, DOI. EPA, USA, 
FERC, NRC. State and local agencies, 
groups, individuals and businesses. (EIS 
Order No. 80959.) 

Maryland coastal management program, 
Maryland, August 30: It is proposed that the 
assistant administrator approve the coastal 
zone management program for the State of 
Maryland. Approval would permit imple¬ 
mentation grants to be awarded to the 
State, and require that Federal actions be 
consistent with the program. The State will 
condition, restrict, or prohibit land and 


water uses in some parts of Maryland’s 
coast while encouraging development in 
other parts. Maryland coastal area can be 
divided into two distinct regions; the Atlan¬ 
tic coast area which has a shoreline of 31 
miles and the Chesapeake Bay area which is 
characterized by over 4,000 miles of greatly 
indented shoreline. Comments made by: 
NRC. USA. DOI. DOT. DOD, DOC. HUD. 
State and local agencies, groups, individuals 
and businesses. (EIS Order No. 80960.) 

Draft Supplement 

Squid fishery of the Northwest Atlantic, 
September 1: Proposed is a management 
plan for the Northwest Atlantic squid. The 
following measures have been proposed: <1) 
Define management unit as all Loligo and 
Illex under U.S. Jurisdiction, (2) set 1979 op¬ 
timum yield for Illex as 30,000 metric tons 
and Loligo at 44.000 metric tons, (3) require 
valid registration or permit and owner or 
operator when catching, transporting or de¬ 
livering squid for sale. (4) restricting foreign 
fishing to designated areas, (5) require ap¬ 
propriate gear restriction for foreign vessels, 
(6) require filing of periodic reports on squid 
catches, (7) incentive measures and (8) 
annual reassessment of U.S. harvesting ca¬ 
pacity. (EIS order No. 80968.) 

Department of Defense 

Contact: George Q. Cunney, Jr.. Acting 
Chief. Environmental Office. Office of the 
Assistant Chief of Engineers, Department 
of the Army, Room 1E676. Pentagon. Wash¬ 
ington. D.C. 20310. 202-694-4269. 

Final 

Joint readiness exercise "Gallant Eagle 
79”, Florida, September 1: The proposed 
action, directed by the Joint Chiefs and 
sponsored by the U.S. readiness command is 
a large-scale, joint readiness exercise (JRX) 
scheduled to be conducted on and over the 
Eglin AFB. in Florida. The primary purpose 
of the project is to provide a simulated 
combat environment in which to exercise 
and evaluate the participating commanders, 
staffs and forces in joint service tactics, 
techniques and procedures employed by 
rangers, infantry, unconventional warfare 
forces and armored forces operating in 
lightly forested terrain and by tactical air 
forces operating in a sophisticated air de¬ 
fense environment. Comments made by: 
COE. NOAA, DOI, EPA, DOC. DOD. USDA. 
State and local agencies. (EIS Order No. 
80963.) 

Department of Energy 

Contact: Dr. Robert Stem. Department of 
Energy. 12th and Pennsylvania Avenue, 
NW.. Washington. D.C. 20461. 202-566-9760. 

Draft 

U.S. spent power reactor fuel, August 29: 
This generic statement proposes environ¬ 
mental input into decisions on whether, and 
if so, how to implement the 1977 presiden¬ 
tial policy on the interim management of 
spent fuel. This statement considers various 
options for governmental involvement in 
the interim management of domestic spent 
fuel including the alternative of no Federal 
role outside the regulatory sphere. Also ana¬ 
lyzed are the issues of centralized versus de¬ 
centralized storage of spent fuel and Degree 
of Federal Management Control. (DOE/ 
EIS-0015-D). (EIS Order No. 80942.) 


Environmental Protection Agency 

Contact: Mr. John Hagan. EIS Coordina¬ 
tor, Environmental Protection Agency, 
Region IV. 345 Courtland Street NE.. Atlan¬ 
ta, Ga. 30308. 404-257-7458. 

Final 

Cement plant and limestone quarry, 
permit. Mobile and Monroe Counties, Ala., 
September 1: The proposed action is the is¬ 
suance of a NPDES permit and other neces¬ 
sary certificates and permits to the ideal 
basic industries for construction and oper¬ 
ation of a cement plant and limestone 
quarry. The frlant will be located in the 
Theodore Industrial Park. Mobile County, 
Ala. on 50 acres and will include docking fa¬ 
cility, grinding mills, material storage and 
mixing piles. The quarry will be located in 
Monroe County. Ala. on a 4,035 acre site 
and will consist of in part, docking and load¬ 
ing facilities, clarification basins, limestone 
storage piles, and fuel tanks. (EPA 904/9- 
78-005). Comments made by: DOC, HUD, 
EPA, DOI, DOE. COE. HEW. State and 
local agencies, groups, individuals and busi¬ 
nesses. (EIS Order No. 80972.) 

Department of Housing and Urban 
Development 

Contact: Mr. Richard H. Brown, Director. 
Office of Environmental Quality, Depart¬ 
ment of Housing and Urban Development, 
451 7th Street SW., Washington, D.C. 20410. 
202-755-6308. 

Draft 

Springfield Subdivision, Harris County. 
Tex., August 28, 1978: Proposed is the issu¬ 
ance of HUD home mortgage insurance as 
applied for by the First General Realty 
Corp., of Houston for the Springfield subdi¬ 
vision located in Harris County. Tex. When 
completed the subdivision, which encom¬ 
passes approximately 515.3 acres of land, is 
expected to consist of about 1,770 dwelling 
units. A total of 86 acres have been held in 
reserve for the following purposes: (1) Com¬ 
mercial (office/retail) use. (2) recreation, (3) 
apartments, and (4) church facilities. HUD- 
R06-EIS-37D.) (EIS Order No. 80936.) 

Westboume subdivision, Harris County 
Tex.. August 29. 1978: The proposed action 
concerns the issuance of HUD home mort¬ 
gage insurance for the Westboume subdivi¬ 
sion located in Harris County, Tex. The sub¬ 
division is located on 1,500 acres of land and 
when completed, in approximately 12 years, 
will contain approximately 7,200 dwelling 
units. Also included as part of the subdivi¬ 
sion are shopping and recreation facilities. 
(HUD-R06-ELS- 7 -41D.) (EIS Order No. 
80941.) 

Paddock subdivision, Harris County, Tex„ 
August 29, 1978: Proposed is the issuance of 
HUD home mortgage insurance for the Pad- 
dock subdivision located in Harris County, 
Tex. When completed, the subdivision, 
which encompasses approximately 850 
acres, is expected to consist of approximate¬ 
ly 3,815 single family and patio homes. Also 
included are shopping and recreation facili¬ 
ties. (HUD-R08-EIS-39-D.) (EIS Order No. 
80944.) 

Stone Creek subdivision, Harris County, 
Tex., August 29. 1978: Proposed Is the Issu¬ 
ance of HUD home mortgage insurance for 
the Stone Creek subdivision located in 
Harris County, Tex. The subdivision encom¬ 
passes 316 acres of land and will be devel¬ 
oped with primarily single-family residen¬ 
tial and some patio homes totaling approxi- 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 






41432 


NOTICES 


mately 1,319 units. When completed, the 
subdivision is expected to house approxi¬ 
mately 4.466 people. (HUD-R06-EIS-78~40.) 
(EIS Order No. 80950.) 

Homestead planned community. Spokane 
County, Wash., August 30, 1978: Proposed is 
the issuance of HUD home mortgage insur¬ 
ance for the Homestead planned community 
located in Spokane County. Wash. The de¬ 
velopment will encompass 1,175 acres of 
land and will consist of community shop¬ 
ping facilities, an industrial park and 
campus, areas for institutional services, a 
2,534-unit residential community, and public 
services including recreational and educa¬ 
tional facilities. (HUD-R10-EIS-78-2D.) 
(EIS Order No. 80955.) 

Final 

Bear Creek Village subdivision. Harris 
County. Tex., August 28. The proposed 
action is for the Department of Housing and 
Urban Development to accept for HUD/ 
FHA mortgage insurance purposes the 662- 
acre Bear Creek Village subdivision located 
in Harris County. Tex. When completed in 
approximately 5 years, the subdivision will 
contain approximately 1,846 single-family 
homes plus some attached single-family and 
multifamily housing, and shopping and rec¬ 
reational facilities. Adverse impacts include 
the loss of agricultural land and an in¬ 
creased demand for fossil fuels through 
heavy dependence on the automobile for 
transportation. (HUD-R06 EIS-25F.) Com¬ 
ments made by: EPA. COE, USDA, DOI, 
State agencies. (EIS Order No. 80933.) 

Park Meadows subdivision. Deer Park, 
Harris County. Tex., August 28: The pro¬ 
posed action is for the Department of Hous¬ 
ing and Urban Development to accept for 
HUD-FHA home mortgage insurance pur¬ 
poses under section 203(b) of title 11 of the 
National Housing Act of 1934. some 267 
acres of land located in the city of Deer 
Park. Harris County. Tex. It is proposed 
that this tract of land be developed into a 
subdivision composed primarily of single¬ 
family dwellings (approximately 1.000 
units). (HUD-RQ6-EIS-78-26F.) Comments 
made by: AHP. USDA. DOI. COE. EPA. 
State agencies, groups. (EIS Order No. 
80934.) 

Farmington subdivision. Knoxville. Knox 
County. Tenn., August 28: Proposed is the 
development of Farmington subdivision, a 
650-lot single-family subdivision in west 
Knox County. Tenn. It is located in a sector 
of Knox County that is growing rapidly. 
There is a substantial amount of undeve¬ 
loped land in this area and may be devel¬ 
oped for single-family use. The area chosen 
for study is bounded on the south by Fort 
Loudon Lake, on the west by Fox Road, on 
the north by Kingston Pike and Westland 
Drive and on the east by Wright Ferry 
Road. The project will be developed on 
about 310 acres with 85 acres being devel¬ 
oped under the early start procedures. 
(HUD R04-EIS-77-18F.) Comments made 
by: EPA. DOI. USDA. HEW, AHP. TV A, 
DOC. GSA. DOE, State and local agencies. 
(EIS Order No. 80935.) 

Oakland Park Towers development, Troy. 
Oakland County, Mich., August 28: Oakland 
Park Towers Is proposed for a 21-acre site in 
southeast Troy. Oakland County, Mich. The 
project will ultimately contain 800 units, 
and have a resident population of about 
1.500 persons. The current HUD proposal is 
to obtain approval of mortgage insurance 
under section 23 of the Housing Act for 


phase II. a single high-rise str ucture con¬ 
taining 302 units of 10.5 acres. (HUD-R05- 
EIS-77-14F.) Comments made by: FPC. 
USDA. State and local agencies, businesses. 
(EIS Order No. 80938.) 

Cherry Lane Village, Meridtan. Ada, 
County. Idaho, August 29: The action in¬ 
volved is the approval by HUD of an appli¬ 
cation for mortgage insurance purposes con¬ 
cerning development of Cherry Lane Vil¬ 
lage, Meridian City, Ada County, Idaho, by 
the Leauitt Nupacific Co. The planned resi¬ 
dential community w ill have a !an<r area of 
330 acres and will include 880 detached and 
attached single-family homes. 180 units of 
multifamily homes, 6 acres of commercial 
area, and a golf course. The development 
will provide housing for approximately 
1.100 families. (HUD-RIO-EIS-78-3F.) 
Comments made by: COE, AHP. DOI, State 
agencies. (EIS Order No. 80945.) 

Piper’s Meadow subdivision, Harris 
County. Tex., August 29: Proposed is the 
granting of HUD-FHA mortgage insurance 
for the development of the 282-acre Piper’s 
Meadow subdivision located in Harris 
County. Tex. The proposed subdivision will 
contain approximately 1,000 single-family 
homes shopping facilities and recreational 
facilities. Adverse impacts include the loss 
of agricultural land and an increased 
demand for fossil fuels through heavy de¬ 
pendence on the automobile for transporta¬ 
tion. (HUD-R06-EIS-78-29F.) Comments 
made by: USDA. COE, EPA, DOI. State 
agencies, groups, (EIS Order No. 80948.) 

Department or Interior 

Contact: Mr Bruce Blanchard. Director, 
Environmental Project Review. Room 4256, 
Interior Building. Department of the Interi¬ 
or. Washington, D.C. 20240, 202-343-3891. 

BUREAU or LAND MANAGEMENT 

Draft 

1979 Outer Continental Shelf oil and gas 
lease sale, southern California. September 1: 
Proposed is the leasing action for 217 
(1.141318 acres) of Outer Continental Shelf 
lands in southern California. The tracts are 
located in the following six general areas 
offshore: Santa Barbara Channel, Santa 
Rosa. Santa Barbara Island. San Pedro Bay. 
Tanner-Cortes, Dana Point-San Diego. Five 
alternatives are considered which include: 
(1) Hold the sale In modified form. (2) alter¬ 
nate development scenarios, <3> delay sale, 
(4) withdraw the sale, and (5) alternate local 
government stipulations. (EIS Order No. 
80975. 

Final 

Development of coal resources, southwest¬ 
ern Wyoming. Lincoln. Sweetwater. and 
Unita Counties, Wyo., September 1: The 
proposed action involves the approval of 
five coal mining and reclamation plans on 
existing leases and the mining issuance of 
right-of-way necessary to develop these five 
proposed coal mines. These five mines are 
North Block Mine. Twin Creek Mine, South 
Haystack Mine, Long Canyon Mine, and 
Black Butte Mine. Surface ownership on the 
five proposals Include 32.068 acres of public 
land. 45.259 acres of private land, and 4,207 
acres of State land totaling 81.354 project 
acres containing 357 million tons of recover¬ 
able coal reserves. The geographic region 
consists of 6.3 million acres, includes all of 
Unita and portions of Lincoln and 
Sweetwater Counties, Wyo. (FES-78-20.) 


Comments made by: A HP, USDA. DOC, 
DOE DOI DOT. EPA. FERC, State and 
local agencies. (EIS Order No. 80964. 

Nuclear Regulatory Commission 

Contact: Mr. Voss A. Moore, Assistant Di¬ 
rector for Environmental Projects, P-518, 
Washington, D.C. 20555, 301-492-8446. 

Final Supplement 

Allens Creek nuclear generating station 
unit No. 1. Austin County. Tex., August 30: 
The proposed action is the issuance of a 
construction permit to the Houston Light¬ 
ing & Power Co. for the construction of 
Allens Creek nuclear generating station, 
unit 1. located in Austin County, Tex. This 
final supplemental statement has been pre¬ 
pared to update a FE1S filed with CEQ in 
November 1974. Major changes in the sta¬ 
tion design Include: (1) Reduction in gross 
electrical generating capacity; (2) reduction 
in the number and size of associated facili¬ 
ties; (3) reduction in the cooling lake surface 
area; (4) addition of an external dam along 
the northern lake and (5) redesign of waste 
systems. (NUREG-0470.) (EIS Order No. 
80952.) 

Department of Transforation 

Contact: Mr. Martin Convisser, Director. 
Office of Environmental Affairs. U.S. De¬ 
partment of Transportation. 400 7th Street 
SW.. Washington. D.CT20590. 202-426-4357. 

federal highway administration 

Draft 

Malecon Avenue, PR-14, Ponce, P.R., 
August 28, 1978: This proposed action in¬ 
volves the extension of Malecon Avenue. 
PR-14 from Its present terminus at the PR- 
2 bypass northerly to an interchange with 
existing Arenas Avenue, PR-14. The project, 
approximately 3.5 kilometers in length, is 
located in the municipality of Ponce on the 
South Central coast of Puerto Rico. The 
Proposed Highway will be a six-lane divided 
highway, with restricted access at specific 
intersections and interchanges. Just north 
of PR-2 bypass. Malecon Avenue will bridge 
over the recently constructed Rio Portugus 
diversion channel. A bridge permit may be 
required, pending determination of jurisdic¬ 
tion by the U.S. Coast Guard. (FHWA-PR- 
ETS-78-01-D.) (EPA Order No. 80937.) 

WT-31. WI-20 to CTH “MM” section. 
Racine County, Wise.. August 29. 1978: Pro¬ 
posed is the reconstuction of WI-31 to WI- 
20 to "MM" in Racine County, Wis. Design 
alternates to implement the proposed action 
are available and, while requiring additional 
right-of-way; the existing roadway align¬ 
ment would be used. Alternate A features 
twin 36-foot roadways separated by a 24- 
foot raised median and a curb and gutter 
system. Alternate B would provide twin 23- 
foot roadways without a median separation. 
6-foot shoulders, and an open ditch drain¬ 
age system. (FHWA-WISC-EIS-78-02-D.) 
(EIS Order No. 80943.) 

Port Everglades Expressway, const ruction, 
Broward County, Fla.: August 30. 1978; This 
proposal concerns the construction of the 
Port Everglades Expressway which would 
extend approximately 8 miles from FL-817 
(University Drive) to the proposed FL-A1A 
in Broward County. Fla. The facility is pro¬ 
posed as a limited access, four and six-lane 
expressway in the FL-84 corridor. Five al¬ 
ternatives are considered, all of which 
extend from FL-817 on the west to FL-A1A 


FEDERAL REGISTER, VOL 43, HO. 181—MONDAY, SEPTEMBER 18, 1978 





NOTICES 


41433 


on the east. The project lengths of these 
alignments range from approximately 7.3 
miles to 8.1 miles. (FHWA-FLA-EIS-78-5- 
D.) (EIS Order No. 80954.) 

Final 

FAP Route 409, O’Fallon to Sandoval and 
St. Clair. Clinton, and Marion Counties, Ill., 
September 1, 1978: Proposed is the comple¬ 
tion of a freeway system known as F-409, 
which begins at 1-64 near O’Fallon, general¬ 
ly parallels U.S. Route 50 across the State, 
and connects to an already existing freeway 
in Indiana near Vincennes. It intersects 
with 1-64 on the west, 1-57 in the middle, 
and F-411 near the eastern border of the 
State. Between 1-64 and 1-57, the portion 
from U.S. Route 51 to 1-57 has received 
design approval. This statement covers the 
remaining portion in this area, that being 
from 1-64 to U.S. Route 51. (FHWA-ILL- 
EIS-76-05-F.) Comments made by: HUD, 
DOI, EPA. USDA, COE. DOC, FPC, AHP, 
DOT, HEW, State and local agencies. (EIS 
Order No. 80971). 

Draft Supplement 

FL-9/I-95, from FL-74 to canal C-23. 
Palm Beach and Martin Counties, Fla- 
August 30. 1978: This statement supple¬ 
ments a final EIS filed in October 1972. Pro¬ 
posed Is the construction of a six -lane rural 
highway, approximately 34 miles in length, 
located in Palm Beach and Martin Counties, 
Fla. The project would be a divided highway 
with full control of access. It would also be 
the last link with 1-95 along the east coast 
of Florida, and, if constructed, would pro¬ 
vide the user with non-stop travel from 
north Florida to Miami. Six alternatives are 
considered. (FHWA-FLA-EIS-78-1-DS.) 
(EIS Order No. 80953.) 

Information Report 

The EPA has received the following 
report which provides supplemental infor¬ 
mation on proposals which have fulfilled 
the NEPA process. Copies of the report are 
available from the originating agency upon 
request. 

U.S. Army, Corps of Engineers, Dr. C. Grant 
Ash, Office of Environmental Policy De¬ 
partment. Attention: DARN-CWR-P, 
Office of the Chief of Engineers. 1000 In¬ 
dependence Avenue. SW., Washington. 
D.C. 20310, 202-693-6795 

EPA No., Date Received and Title 

80940, August 14, 1978, Supplemental 

Report, Theodore Ship Channel and 
Barge Channel Extension, Mobile Bay. Al¬ 
abama. 

Official Correction 

The EPA published a notice of availability 
in the Federal Register dated August 7, 
1978, for the following EIS as a Housing and 
Urban Developing project. 

Nollwood Development Corp., Austin Lake, 
Portage, Mich. (EIS Order No. 80816.) 

This EIS was prepared by the U.S. Army 
Corps of Engineers. 

IFR Doc. 78-26095 Filed 9-15-78: 8:45 am) 


[ 6712 - 01 ] 

FEDERAL COMMUNICATIONS 
COMMISSION 

TELEVISION TRANSLATOR APPLICATIONS 

READY AND AVAILABLE FOR PROCESSING 

Adopted: September 11,1978. 

Released: September 13,1978. 

By the Chief. Broadcast Facilities 
Division: 

Notice is hereby given pursuant to 
§ 1.572(c) of the Commission's rules, 
that on November 2. 1978, the televi¬ 
sion translator applications listed in 
the attached appendix will be consid¬ 
ered as ready and available for pro¬ 
cessing. Pursuant to §§ 1.227(b)(1) and 
1.519(b) of the Commission's rules, an 
application, in order to be considered 
with any application appearing on the 
attached list or with any other appli¬ 
cation on file by the close of business 
on November 1, 1978, which involves a 
conflict necessitating a hearing with 
any application on this list, must be 
substantially complete and submitted 
for filing at the offices of the Commis¬ 
sion in Washington D.C., by the close 
of business on November 1. 1978. The 
attention of prospective applicants is 
directed to the fact, that some contem¬ 
plated proposals may not be eligible 
for consideration with an application 
appearing in the attached appendix by 
reason of conflicts between the listed 
applications and applications appear¬ 
ing in previous notices published pur¬ 
suant to § 1.572(c) of the Commission's 
rules. 

The attention of any party in inter¬ 
est desiring to file pleadings concern¬ 
ing any ending television translator 
application, pursuant to section 
309(d)(1) of the Communications Act 
of 1934, as amended, is directed to 
§ 1.580(1) of the Commission's rules for 
provisions governing the time for 
filing and other requirements relating 
to such pleadings. 

Federal Communications 
Commission, 

William J. Tricarico, 

Secretary. 


UHF TV Translator Applications 

BMPTT-1009 (W56AU). WeUsviUe and Scio, 
N.Y., Board of Cooperative Educational 
Services of Allegany County. Req: Change 
primary TV station to WXXI, Channel 21. 
Rochester. N.Y. 

BMPTT-1010 (W56AV), Rushford. N.Y., 
Board of Cooperative Educational Ser¬ 
vices of Allegany County. Req: Add 
Houghton, N.Y., to present principal com¬ 
munity, increase output power to 100 
watts, change primary TV station to 
WXXI, Channel 21, Rochester, N.Y. 


BMPTT-1011 (W59AH), Allentown and Bo¬ 
livar Relay, N.Y., Board of Cooperative 
Educational Services of Allegany County. 
Req: Change primary TV station to 
WXXI, Channel 21, Rochester. N.Y. 

BMPTT-1012 (W62AR), Andover. N.Y., 
Board of Cooperative Educational Ser¬ 
vices of Allegany County. Req: Change 
frequency to Channel 61. 752-758 MHz. 
change primary TV station to WXXI, 
Channel 21. Rochester, N.Y. 

BMPTT-1013 (W62AS). Friendship. N.Y.. 
Board of Cooperative Educational Ser¬ 
vices of Allegany County. Req: Add Bel¬ 
mont, N.Y. to present principal communi¬ 
ty. increase output power to 100 watts, 
change primary TV station to WXXI, 
Channel 21, Rochester, N.Y. 

BMPTT-1014 (W64AJ). Whitesville. N.Y., 
Board of Cooperative Educational Ser¬ 
vices of Allegany County. Req: Change 
primary TV station to WXXI, Channel 21, 
Rochester. N.Y, increase output power to 
10 watts. 

BMPTT-1015 (W65AI), Bolivar and Rich- 
burg, N.Y., Board of Cooperative Educa¬ 
tional Services of Allegany County . Req : 
Change primary TV station to WXXI, 
Channel 21. Rochester. N.Y. 

BMPTT-1016 (W65AJ), Angelica, N.Y., 
Board of Cooperative Educational Ser¬ 
vices of Allegany County. Req: Add Bel¬ 
fast, N.Y. to present principal community, 
increase output power to 100 watts, 
change primary station to WXXI, Chan¬ 
nel 21, Rochester, N.Y. 

BPTT-3629 (new). Morongo Valley. Calif., 
county of San Bernardino, Service Area 
70. TV-2, Morango Valley. Req: Channel 
16, 482-488 MHz, 100 watts. Primary: 
KNXT-TV, Los Angeles. Calif. 

BPTT-3630 (new), Morongo Valley, Calif., 
county of San Beranrdino, County Service 
Area 70, TV-2, Morongo Valley. Req: 
Channel 14. 470-476 MHz, 100 watts. Pri¬ 
mary: KTTV-TV, Los Angeles, Calif. 

BPTT-3631 (new). Epng Navajo Compressor 
Station. 12 miles northwest of Klagetoh, 
Ariz., El Paso Natural Gas Co. Req: Chan¬ 
nel 68, 794-800 MHz. 10 watts. Primary: 
KOB-TV, Albuquerque. N. Mex. 

BPTT-3632 (K74AV). Navajo Compressor 
Station, Ariz., El Paso Natural Gas Co. 
Req: Change frequency to Channel 64. 
770-776 MHz, decrease output power to 10 

BPTT-3633 (K78CX). El Paso Natural Gas 
Co., Navajo Compressor Station. Ariz., El 
Paso Natural Gas Co. Req: Change fre¬ 
quency to Channel 66, 782-788 MHz, de¬ 
crease output power to 10 watts. 

BPTT-7808081A (new), Alexandria, Minn., 
Selective TV, Inc. Req: Channel 62, 758- 
764 MHz, 100 watts. Primary: KWCM-TV, 
Appleton, Minn. 

BPTT-7808081B (new), Alexandria, Minn., 
Selective TV, Inc. Req: Channel 40. 626- 
632 MHz, 100 watts. Primary: KTHI-TV, 
Fargo, N. Dak. 

BPTT-7808081C (new) Alexandria, Minn., 
Selective TV, Inc. Req: Channel 36. 602- 
608 MHz, 100 watts. Primary: KDLO-TV, 
Florence. S. Dak. 

BPTTV-6126 (K10KC), Colstrip. Mont., Col- 
strip TV Club. Req: Change frequency to 
Channel 11. 198-204 MHz. 

BPTTV-6127 (K12KN), Colstrip. Mont., 
Colstrip TV Club. Req: Change frequency 
to Channel 13. 210-216 MHz, increase 
output power to 10 watts. 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 







41434 


NOTICES 


BPTTV-6128 (new). Virgin. Utah. Washing¬ 
ton County Television Dept. Req: Channel 
11, 198-204 MHz, 10 watts. Primary: 
KORK-TV. Las Vegas. Nev. 

BPTTV-6129 (K061J), Beatty. Nev., Beatty 
Television Maintenance District, county 
of Nye. Req: Change frequency to Chan¬ 
nel 2. 54-60 MHz. 

BPTrV-6130 (K10HT), Oasis. Nev., Beatty 
Television Maintenance District, county 
of Nye. Req: Change frequency to Chan- 

[ 6712 - 01 ] 


nel 11, 198-204 MHz, Increase output 
power to 10 watts. 

BPTTV-6131 (K10JE), Beatty. Nev., Beatty 
Television Maintenance District, county 
cf Nye. Req: Change frequency to Chan¬ 
nel 4. 66-72 MHz. 

BPTTV-6132 (K12JO), Oasis Valley. Nev., 
Beatty Television Maintenance District, 
county of Nye. Req: Change frequency to 
Channel 9, 186-192 MHz., increase output 
power to 10 watts. 


CANADIAN STANDARD BROADCAST STATIONS 


BPTTV-6133 (new). Beatty, Nev., Beatty 
Television Maintenance District. Req: 
Channel 7, 174-180 MHz, 1 watt. Primary: 
KSHO-TV. Las Vegas. Nev. 

BPTTV-6134 (new), Oasis Valley. Nev., 
Beatty Television Maintenenace District. 
Req: Channel 13. 210-216 MHz. 10 watts. 
Primary: KSHO-TV, Las Vegas, Nev. 

% [FR Doc. 78-26028 Filed 9-15-78; 8:45 ami 


Notification Lilt 


List of new stations, proposed changes in existing stations, deletions, and corrections in assignments of Canadian 
standard broadcast stations modifying the assignments of Canadian broadcast stations contained in the appendix to the 
recommendations of the North American Regional Broadcasting Agreement Engineering meeting January 30, 1941. 


Canadian List No. 376 


August 22, 1978. 


Antenna Ground system Proposed date of 

Cali letters Location Power. kW Antenna Schedule Class height No. of Length commencement of 

tfeet) radials (feet) operation 


850 kHz 


(New) 

Spaniard's Bay / Harbour. 

10 

^DA-N. ND-D 

U 

II 

.. ... Apr. 21. 1979. 


Grace. Newfoundland. N. 
47'39‘21", W. 53*15 30 
(correction of daytime 
radiation In change list No. 
373). 


182. 

1110 kHz 



CKJD 

Sarnia, Ontario. N. 42*49 49 W 
82 23*30 <»n operation on new 

10D/ 

DA/2_ 

U 

II 


IN 





frequency). 



1150 kHz 



CKIQ 

Kelowna. British Columbia. N. 

10 

DA-N. ND-D- 

U 

III 



49*50 52 . W. 119-27 54** 
(correction of daytime 
radiation) (P.O. 10D/1N). 


190. , 

1230 kHz 



CKLD 

Thetford Mines. Quebec. N. 

ID/ 

ND-184. 

U 

IV 

133 120 320 ave. 


46 05 57'. W. 71*16 13' (delete 
immediately). 

0.25N 


1250 kHz 



CKJD 

Sarnia, Ontario. N 42*5212". 

W. 82 23 50" (delete 

1 

DA-2.«... 

V 

IH 





immediately). 



1330 kHz 



CKLD 

Thetford Mines. Quebec. N. 

10 

DA 1___ 

U 

III 

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


46 03 55 -, W. 71'23 16' (in 
operation on new frequency). 



1570 kHz 



CKTA 

Taber. Alberta. N. 49 45 38 . W. 

5 

DA N. ND-D- 

U 

II 

.....f........... .................... 


112*1617" (inopcratlon as 
notified in change list 333: 
daytime power increase to 10 
kW in list 346 withdrawn). 


191. 





(FR Doc. 78-26168 Filed 9-15-78; 8:45 am] 


Wallace E. Johnson, 

Chief, Broadcast Bureau, 
Federal Communications Commission . 


[ 6712 - 01 ] 

[RM-30303 

FM BROADCAST STATIONS 

Tablo of Assignments, Catonsvillo and Balti¬ 
more, Md.; Memorandum Opinion and Order; 
Denying Petition for Rulemaking 

ADOPTED: September 12, 1978. 
RELEASED: September 13, 1978* 

By the Chief, Broadcast Bureau: 

1. Key Broadcasting Corporation, li¬ 
censee of Station WKTK(FM) in Ca- 


tonsville, Maryland, has petitioned to 
amend the FM table of assignments, 
47 CFR 73.202, by reallocating FM 
channel 289 from its present commu¬ 
nity of license to Baltimore, Md.' Key 


’ Key also requests issuance of an order to 
show cause directing it to establish why its 
license should not be modified to specify op¬ 
eration on the same channel in Baltimore. 
This secondary request is mooted by our 
resolution of the petition for rulemaking. 
However, it should be noted that while Key 
requests both a reallocation of channel 289 
by rulemaking and a modification of its 
present license to specify Baltimore as the 
city of license, the Commission has inter- 


asserts that Catonsville, an unincor¬ 
porated Baltimore suburban communi- 

preted the Communications Act to require 
the opening of such a reallocated channel to 
competing applications from other interest¬ 
ed parties. In effect, this Involves a two-step 
process in which the Commission reassigns 
a channel and then petitioner and anyone 
else files an application proposing to serve 
this new community. The Commission has 
indicated an unwillingness to modify In lieu 
of foUowing this procedure. See amendment 
of section 73.606(b). Television Table of As¬ 
signments (Riverside and Santa Ana, Calif.). 
65 FCC 2d 920. 923-924 (1977) and Ash- 
backer Radio Corp. v. FCC, 326 U.S. 327 
(1945). 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 
















NOTICES 


41435 


ty of some 52,000 persons. s has no indi¬ 
vidualized needs or interests distin¬ 
guishing it from Greater Baltimore, 
lacks any significant body of citizens 
interested in reviving “community 
spirit,” and—for example—possesses 
ten shopping centers but no major in¬ 
dustry. Key recites a series of newspa¬ 
per articles spanning several decades 
which purport to describe the absorp¬ 
tion of Catonsvilie into Baltimore, 
points out that the station was origi¬ 
nally licensed to a minister unable to 
find an unoccupied FM channel in 
Baltimore, and concludes that the ear¬ 
lier relocation of its transmitter and 
studio facilities to their present site in 
the city of Baltimore should now be 
accompanied by reallocation of its 
channel to that community. 

2. We are not persuaded of the 
demise of Catonsvilie as a recognizable 
community, albeit perhaps a residen¬ 
tial “bedroom” community. The peti¬ 
tioner has recited at some length 
newspaper articles which, while of his¬ 
torical interest, hardly establish the 
identity of the needs and interests of 
Catonsvilie and Baltimore. Indeed, 
apart from the conclusory statements 
in newspaper articles, petitioner has 
made no attempt to support its gener¬ 
al assertion that the needs and inter¬ 
ests of the two communities coincide. 
Such agreement would not be disposi¬ 
tive of the allocation question, but 
absent such a showing we have no 
reason to assume that a sizable subur¬ 
ban residential community has the 
same needs and interests of a diverse 
city such as Baltimore which com¬ 
prises industry, commerce, shipping 
and residential elements. Far less 
would we assume the disappearance of 
a community on such a basis. Indeed, 
the most recent newspaper article 
which addresses the “community” 
question comments that the label fit 
Catonsvilie at that time—1963, 2 years 
after station WKTK(FM) first went 
on the air. 

3. Station WKTK(FM)’s origins are 
traced by petitioner to a 1961 applica¬ 
tion filed by Rev. J. Stewart Brins- 
field, who operated the station from 
1962 until 1968. While explaining that 
Brinsfield applied for a Catonsvilie 
channel because none were available 
in Baltimore, the petition does not 
even address the showing of Catons¬ 
vilie as an independent community 
with identifiable needs and interests 


*1964 estimate by the Metropolitan Balti¬ 
more Chamber of Commerce for the Ca- 
tonsville-Ellicott City area. 


which necessarily underlay Brins- 
field’s initial application and subse¬ 
quent Commission grants of renewed 
operating authority. Nor are there 
journalistic accounts of Catonsville’s 
asserted demise postdating the 1963 
story said to characterize it as a com¬ 
munity. Petitioner's conclusory refer¬ 
ence to the allocation of channel 289 
to Catonsvilie as “an historical acci¬ 
dent” created by use of the protected 
service contour system of allocations 
does not address the present status of 
the community, or distinguish Catons¬ 
vilie from numerous other communi¬ 
ties whose present broadcast channels 
were allocated by that method. 

4. As noted, the equivalence of a 
community's needs and interests with 
those of another community has not 
been established here, and even such 
identification of similar needs is a far 
cry from the conclusion that a sepa¬ 
rate community has ceased to exist. 
Catonsvilie may lack certain social 
components found in Baltimore, where 
Key is licensee of station WBMD(AM), 
but this observation by itself simply 
reaffirms the differences between the 
communities rather than the demise 
of the smaller one.* * * * Because of our 
conclusion that Catonsville’s demise as 
an identifiable community has not 
been established, we do n ot consider 
the question of the WKTK(FM) trans¬ 
mitter’s failure to encompass Balti¬ 
more with a city-grade signal. 4 

5. Accordingly, for the reasons set 
forth above, the petition for rulemak¬ 
ing filed by Key Broadcasting Corp., 
RM-3030, is denied. 

Federal Communications 
Commission, 

Wallace E. Johnson, 

Chief, Broadcast Bureau. 

[FR Doc. 78-26172 Filed 9-15-78; 8:45 ami 


*No comparison of the needs and interests 

of the two communities as determined by 

Key’s ongoing ascertainment efforts was 
submitted as part of the petition. 

4 The only comments on the petition were 
filed by Peter and John Radio Fellowship, 
Inc., licensee of station WRBS(FM) in Balti¬ 
more. They note that the mileage separa¬ 
tion between the transmitting facilities of 
stations WRBS(FM) and WKTK(FM) is 
presently 8.22 miles, as opposed to the 15- 
mile separation required by the Commis¬ 
sion's rules (47 CFR 73.207). This variance 
was approved by Commission action several 
years ago and is not complained of. Rather. 
Peter and John assert that station 
WRBS(FM) has been exploring means to 
improve its signal coverage for several years 


[ 6712 - 01 ] 

RADIO TECHNICAL COMMISSION FOR MARINE 
SERVICES 

Meetings 

In accordance with Pub. L. 92-463, 
“Federal Advisory Committee Act,” 
the schedule of future Radio Techni¬ 
cal Commission for Marine Services 
(RTCM) meetings is as follows: 

Special Committee No. 71, "VHF Auto¬ 
mated Radiotelephone Systems’*. 

Notice of 12th meeting Tuesday. October 
3.1978—10 ajn. (full day meeting). 

Conference Room A-110, 1229-20th Street, 
NW.. Washington, D.C. 


Agenda 

1. Call to Order. 

2. Administrative Matters. 

3. Presentations and Discussions. 

John J. Renner, Chairman SC-71, Ad¬ 
vanced Technology systems. Inc., 3426 
North Washington Boulevard, Arlington, 
Va. 22201, phone 703-525-2664. 

Special Committee No. 70, "Minimum Per¬ 
formance Standards (MPS>—Marine Loran- 
C Receiving Equipment”. 

Notice of 12th meeting Thursday, October 
5, 1978—10 a.m. (all day meeting). 

Conference Room 7200, Nassif (DOT) Build¬ 
ing, 400 Seventh Street SW. (at D Street), 
Washington, D.C. 


Agenda 

1. Call to order; Chairman’s report. 

2. Administrative matters. 

3. Discussion on test standards and proce¬ 
dures. 

4. Other business. 

Captain Alfred E. Fiore, Chairman, SC-70, 
U.S. Merchant Marine Academy. Kings 
Point. New York 11024, phone 516-482-8200. 

The RTCM has acted as a coordina¬ 
tor for maritime telecommunications 
since its establishment in 1947. All 
RTCM meetings are open to the 
public. Written statements are pre¬ 
ferred, but by previous arrangement, 
oral presentations will be permitted 
within time and space limitations. 


and is concerned that relicensing station 
WKTK(FM) to Baltimore would preclude 
even the possibility of both stations eventu¬ 
ally providing full city-grade coverage over 
their respective communities of license (con¬ 
sistent with the 15-mile separation require¬ 
ment). Peter and John do not flatly oppose 
Key’s petition, but instead urge the Com¬ 
mission to directly address the potential IF 
separation problem. These requests are 
characterized by Key as unrelated to its pe¬ 
tition and we agree. 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 








41436 


NOTICES 


Those desiring additional informa¬ 
tion concerning the above meeting(s) 
may contact either the designated 
chairman or the RTCM Secretariat 
(phone 202-632-6490). 

Federal Communications 
Commission, 

William J. Tricarico, 

Secretary . 

CFR Doc. 78-26169 Filed 9-14-78; 8:45 am) 


[6712-01] 

uniform system of accounts, cc docket 

NO. 78-196 

Public Meeting on Proposed Revisions 

September 7, 1978. 

The staff of the Common Carrier 
Bureau has become aware that some 
parties have questions on aspects of 
the notice of proposed rulemaking on 
the revision of the uniform system of 
accounts and financial reporting re¬ 
quirements for telephone companies 
(parts 31, 33, 42 and 43 of the FCC’s 
rules), FCC 78-453 (released July 21, 
1978). Therefore, on September 22, 
1978, the staff of the Common Carrier 
Bureau will hold a public meeting in 
order to respond to questions about 
the intent of the Notice. 

The meeting will be held in Room A- 
110, 1229 20th Street NW., Washing¬ 
ton, D.C., 20554, at 9:30 a.m. Interest¬ 
ed persons having questions relating 
to this docket should submit 6 copies 
of all questions to Doug Slotten, Room 
546, 1919 M Street NW., Washington, 
D.C., 20554, by close of business on 
September 19, 1978. Questions not re¬ 
ceived by this date will not be consid¬ 
ered. The meeting will be open to all, 
irrespective of whether any questions 
have been submitted. A summary of 
the meeting will be entered in the 
record. 

Federal Communications 
Commission, 

William J. Tricarico, 

Secretary. 

(FR Doc. 78-26167 Filed 9-15-78; 8:45 am) 


[6730-01] 

FEDERAL MARITIME COMMISSION 

AGREEMENTS FILED 

The Federal Maritime Commission 
hereby gives notice that the following 
agreements have been filed with the 
Commission for approval pursuant to 
section 15 of the Shipping Act, 1916, 
as amended (39 Stat. 733, 75 Stat. 763, 
46 U.S.C. 814). 

Interested parties may inspect and 
obtain a copy of each of the agree¬ 
ments and the justifications offered 
therefor at the Washington Office of 
the Federal Maritime Commission, 


1100 L Street NW., Room 10218; or 
may inspect the agreements at the 
Field Offices located at New York, 
N.Y.; New Orleans, La; San Francisco, 
Calif.; Chicago, Ill.; and San Juan, 
P.R. Interested parties may submit 
comments on each agreement, includ¬ 
ing requests for hearing, to the Secre¬ 
tary, Federal Maritime Commission, 
Washington, D.C. 20573, by October 9, 
1978. Comments should include facts 
and arguments concerning the approv¬ 
al, modification, or disapproval of the 
proposed agreement. Comments shall 
discuss with particularity allegations 
that the agreement is unjustly dis¬ 
criminatory or unfair as between carri¬ 
ers, shippers, exporters, importers, or 
ports, or between exporters from the 
United States and their foreign com¬ 
petitors, or operates to the detriment 
of the commerce of the United States, 
or is contrary to the public interest, or 
is in violation of the Act. 

A copy of any comments should also 
be forwarded to the party filing the 
agreements and the statement should 
indicate that this has been done. 

Agreement No.: T-5-K4). 

FUing party: Mr. John E. Nolan, Assistant 
Port Attorney, Port of Oakland, P.O. Box 
2064. 66 Jack London Square, Oakland, 
Calif. 94604. 

Summary: Agreement No. T-5-K4), be¬ 
tween the city of Oakland (Port) and Sea- 
Land Service, Inc. (Sea-Land), modifies the 
parties' basic agreement providing for the 
lease of certain land and Improvements at 
Oakland, Calif., to Sea-Land for use as a 
truck terminal. The purpose of the modifi¬ 
cation is to enlarge parcel "C” of the leased 
premises by approximately 56,699 square 
feet and reduce parcel “E" thereof by ap¬ 
proximately 759 squre feet and parcel "F” 
by approximately 38,978 square feet to pro¬ 
vide for the construction of additional im¬ 
provements made necessary by the revision 
in the westerly boundary of the demised 
premises, to increase the land rental for 
parcel "C" from $1,813.81 to $2,154.02 per 
month, and to decrease the land rental for 
parcel “E" from $533.51 to $529.04 per 
month and parcel “F*' from $1,708.53 to 
$1,474.66 per month. 

Agreement No.: T-2590-6. 

Filing party: Mr. Francis D. Barrett, 
Curry Si Dolan, 716 Southern Building, 
Washington. D.C. 20005. 

Summary: Agreement No. T-2590-6, be¬ 
tween the Albany Port Commission (Port) 
and United Brands Co. (UBC), modifies the 
parties' basic agreement providing for the 
use of certain office space and the preferen¬ 
tial use of certain storage space at Transit 
Shed No. 2, Albany. N.Y. The purpose of 
the modification is to exercise the fifth 
option to renew the initial term of the 
agreement by: (1) Extending the term from 
December 1, 1978, to November 30, 1979; 
and (2) increasing the amount of compensa¬ 
tion paid to the Port from $25,000 to 
$26,250. 

Agreement No.: T-3155-2. 

Filing party: Albert B. Dearden, Deputy 
Chief, Leases and Operating Agreements Di¬ 
vision, Port Authority of New York and 
New Jersey, One World Trade Center, New 
York. N.Y. 10048. 


Summary: Agreement No. T-3155-2. be¬ 
tween the Port Authority of New York and 
New Jersey (Port) and Maersk Container 
Service Co.. Inc. (Maersk). modifies the 
basic agreement between the Port and 
Moller Steamship Co., Inc. (Moller) provid¬ 
ing for the 25-year lease of a marine termi¬ 
nal at Port Newark, N.J. The purpose of the 
modification is to increase the size of the 
premises, provide for additional contruction. 
and increase the rental accordingly. 

Agreement No. T-3702. 

Filing party: H. H. Wittren, Manager, Wa¬ 
terfront Real Estate, Port of Seattle. P.O. 
Box 1209, Seattle, Wash. 98111. 

Summary: Agreement No. T-3702, be¬ 
tween Port of Seattle (Port) and Chemical 
Processors, Inc. (CPI), provides for the 3- 
year lease of 100 lineal feet of a berthing 
area located between piers 90 and 91 at 
Port's terminal 91 complex to be used for 
the refueling of tugboats and related activi¬ 
ties. CPI will build, at its expense, a fence to 
house its hoses and appurtenances neces¬ 
sary to the fueling operation of various tugs 
at the premises. As compensation. CPI will 
pay $1,000 per month as rental, all applica¬ 
ble Port tariff charges and utility charges. 

Agreement No. T-3703. 

Filing party: Richard L Landes. Deputy 
City Attorney, Offices of the City Attorney 
of Long Beach, City Hall. 333 West Ocean 
Boulevard. Long Beach, Calif. 90802. 

Summary: Agreement No. T-3703. be¬ 
tween city of Long Beach (City) and Marine 
Metals. Inc. (Marine), provides for the 2- 
year lease to Marine of approximately 
211,355 square feet of paved area including 
116,403 square feet of warehouse space as 
described in the agreement. The premises 
will be used for the storage and distribution 
of merchandise. As part of the understand¬ 
ing between the parties, it is agreed that 
Marine will not operate a public terminal or 
public warehouse on the leased premises in 
connection with a common carrier by water, 
as defined in the Shipping Act. 1916. City 
shall receive as rental for the leased area 
the sum of $13,000 per month. 

Agreement No. T-3705. 

Filing party: Richard L. Landes, Deputy 
City Attorney, Offices of the City Attorney 
of Long Beach, Harbor Administration 
Building, P.O. Box 570, Long Beach, Calif. 
90801. 

Summary: Agreement No. T-3705, be¬ 
tween city of Long Beach (City) and Cooper 
Stevedoring Co. (Cooper), provides for the 
2-year nonexclusive, preferential assign¬ 
ment of certain premises located on berths 
9. 10, and 201 at pier A in Long Beach. 
Calif., to be used in the operation of a 
marine terminal. Cooper does not have the 
exclusive right to perform stevedoring ser¬ 
vices upon the leased premises or the sole 
and exclusive right to operate a shipping 
terminal at the port. When the premises are 
not in use by Cooper. City’s general man¬ 
ager may, with Cooper's consent, make tem¬ 
porary or secondary assignments to other 
persons as provided in the Port of Long 
Beach tariff. All charges assessed by Cooper 
will be reasonable and conform as nearly as 
possible with the charges published in the 
Port of Long Beach tariff and will be sub¬ 
ject to review and control by City. As com¬ 
pensation, Cooper will pay all revenue from 
dockage, wharfage, and other applicable 
tariff charges accruing from its operations 
up to a guaranteed minimum tonnage of 
137,000 revenue tons for the first year and 
182,000 revenue tons for the second year. 


FEDERAL REGISTER, VOL 43, NO. 181-MONDAY, SEPTEMBER 18, 1978 








NOTICES 


41437 


After the guaranteed minimum tonnage has 
been reached revenue will be divided as set 
forth In the agreement. 

Agreement No. 10117-4. 

Filing party: David C. Jordan. Esq., Biilig, 
Sher & Jones. P.C.. Suite 300, 2033 K Street 
NW.. Washington. D.C. 20006. 

Summary: Agreement No. 10117-4 would 
amend article 7 of the U.S. North Atlantic/ 
Spain Rate Agreement to provide that all 
decisions and actions under the agreement 
shall be made or taken at meetings, except 
that decisions and actions on tariff rates 
(excluding rules and regulations) may alter¬ 
natively be made or taken outside meetings 
by the unanimous vote of all parties to the 
agreement by telephone polls or polls con¬ 
ducted by any other means of communica¬ 
tion. 

By order of the Federal Maritime 
Commission. 

Dated: September 13.1978. 

Joseph C. Polking, 
Assistant Secretary . 

CFR Doc. 78-26201 Filed 9-15-78; 8:45 am] 


[ 6325 - 01 ] 

FEDERAL PREVAILING RATE 
ADVISORY COMMITTEE 

OPEN COMMITTEE MEETINGS 

Pursuant to the provisions of section 
10 of the Federal Advisory Committee 
Act (Pub. L. 92-463), notice is hereby 
given that meetings of the Federal 
Prevailing Rate Advisory Committee 
will be held on: 

Thursday, October 5. 1978. 

Thursday, October 12.1978. 

Thursday, October 26,1978. 

The meetings will convene at 10 
a.m., and will be held in Room 5A06A, 
Civil Service Commission Building. 
1900 E Street NW., Washington, D.C. 

The Federal Prevailing Rate Adviso¬ 
ry Committee is composed of a Chair¬ 
man. representatives of five labor 
unions holding exclusive bargaining 
rights for Federal blue-collar employ¬ 
ees, and representatives of five Feder¬ 
al agencies. Entitlement to member¬ 
ship on the Committee is provided for 
in 5 U.S.C. 5347. 

The Committee’s primary responsi¬ 
bility is to review the prevailing rate 
system and other matters pertinent to 
the establishment of prevailing rates 
under subchapter IV. chapter 53, 5 
U.S.C., as amended, and from time to 
time advise the Civil Service Commis¬ 
sion thereon. 

These scheduled meetings will con¬ 
vene in open session with both labor 
and management representatives at¬ 
tending. During the meeting either 
the labor members or the manage¬ 
ment members may caucus separately 
with the Chairman to devise strategy 
and formulate positions. Premature 
disclosure of the matters discussed in 
these caucuses would impair to an un¬ 


acceptable degree the ability of the 
Committee to reach a consensus on 
the matters being considered and dis¬ 
rupt substantially the disposition of 
its business. Therefore, these caucuses 
will be closed to the public on the 
basis of a determination made by the 
Chairman of the Civil Service Com¬ 
mission under the provisions of Sec¬ 
tion 10(d) of the Federal Advisory 
Committee Act (Pub. L. 92-463) and 5 
U.S.C. 552b(c)(9)(B). These caucuses 
may, depending on the issues involved, 
constitute a substantial portion of the 
meeting. 

Annually, the Committee publishes 
for the Civil Service Commission, the 
President, and Congress a comprehen¬ 
sive report of pay issues discussed, 
concluded recommendations thereon, 
and related activities. These reports 
are also available to the public, upon 
written request to the Committee Sec¬ 
retary. 

Members of the public are Invited to 
submit material in writing to the 
Chairman concerning Federal Wage 
System pay matters felt to be deserv¬ 
ing of the Coipmittee’s attention. Ad¬ 
ditional information concerning these 
meetings may be obtained by contact¬ 
ing the Secretary, Federal Prevailing 
Rate Advisory Committee, Room 1338, 
1900 E Street NW., Washington, D.C. 
20415, 202-632-9710. 

Jerome H. Ross, 
Chairman, Federal Prevailing 
Rate Advisory Committee . 

September 1,1978. 

[FR Doc. 78-25166 Filed 9-15-78; 8:45 am] 


[ 6210 - 01 ] 

FEDERAL RESERVE SYSTEM 
CENTURY BANCSHARES CORP. 

Formation of Bank Holding Company 

• 

Century Bancshares Corp., St. Louis, 
Mo., has applied for the Board’s ap¬ 
proval under section 3(a)(1) of the 
Bank Holding Company Act (12 U.S.C. 
1842(a)(1) to become a bank holding 
company by acquiring 80 percent or 
more of the voting shares of North St. 
Louis Trust Co, St. Louis, Mo. The fac¬ 
tors that are considered in acting on 
the application are set forth in section 
3(c) of the Act (12 U.S.C. 1842(c)). 

Century Bancshares Corp., St. Louis, 
Mo., has also applied, pursuant to sec¬ 
tion 4(c)(8) of the Bank Holding Com¬ 
pany Act (12 U.S.C. 1843(c)(8) and 
225.4(b)(2) of the Board's regulation Y 
(12 CFR 225.4(bX2)), for permission to 
acquire voting shares of North St. 
Louis Trust Co., St. Louis, Mo. Notice 
of the application was published on 
July 22, 1978, in the St. Louis Daily 
Record, a newspaper circulated in St. 
Louis, Mo. 


Applicant states that the proposed 
subsidiary would act as agent or 
broker for the sale of credit life and 
disability insurance in connection with 
extensions of credit originated by its 
subsidiary bank. Such activities have 
been specified by the Board in section 
225.4(a) of regulation Y as permissible 
for bank holding companies, subject to 
Board approval of individual proposals 
in accordance with the procedures of 
section 225.4(b). 

Interested persons may express their 
views on the question whether con¬ 
summation of the proposal can “rea¬ 
sonably be expected to produce bene¬ 
fits to the public, such as greater con¬ 
venience, increased competition, or 
gains in efficiency, that outweigh pos¬ 
sible adverse effects, such as undue 
concentration of resources, decreased 
or unfair competition, conflicts of in¬ 
terests, or unsound banking practices.” 
Any request for a hearing on this 
question should be accompanied by a 
statement summarizing the evidence 
the persoif requesting the hearing pro¬ 
poses to submit or to elicit at the hear¬ 
ing and a statement of the reasons 
why this matter should not be re¬ 
solved without a hearing. 

The application may be inspected at 
the offices of the Board of Governors 
or at the Federal Reserve Bank of St. 
Louis. 

Any views requests for hearing 
should be submitted In writing and re¬ 
ceived by the Secretary. Board of Gov¬ 
ernors of the Federal Reserve System, 
Washington, D.C. 20551, not later 
than October 4.1978. 

Board of Governors of the Federal 
Reserve System, September 8, 1978. 

Griffith L. Garwood, 
Deputy Secretary of the Board. 

[FR Doc. 78-26109 Filed 9-15-78; 8:45 am) 


[ 6210 - 01 ] 

FAIRBANK BANCSHARES, INC 
Formation of Bank Holding Company 

Fairbank Bancshares. Inc., Fairbank, 
Iowa, has applied for the Board's ap¬ 
proval under section 3(aXl) of the 
Bank Holding Company Act (12 U.S.C. 
1842(a)(1)) to become a bank holding 
company by acquiring 85 percent or 
more of the voting shares of Fairbank 
State Bank, Fairbank. Iowa. The fac¬ 
tors that are considered in acting on 
the application are set forth in section 
3(c) of the Act (12 U.S.C. 1842(c)). 

The application may be inspected at 
the offices of the Board of Governors 
or at the Federal Reserve Bank of Chi¬ 
cago. Any person wishing to comment 
on the application should submit views 
in writing to the Secretary, Board of 
Governors of the Federal Reserve 
System, Washington, D.C. 20551, to be 


FEDERAL REGISTER, VOL 43, NO. 181-MONDAY, SEPTEMBER 18, 1978 







41438 


NOTICES 


received no later than October 12, 
1978. 

Board of Governors of the Federal 
Reserve System. September 12, 1978. 

Griffith L. Garwood, 
Deputy Secretary of the Board. 
[FR Doc. 78-26110 Filed 9-15-78; 8:45 am] 


[ 6210 - 01 ] 

GREENCASTLE INVESTMENT CORF. 

Formation of Bank Holding Company 

Greencastle Investment Corp.. 
Wilmington, Dei., has applied for the 
Board’s approval under section 3(a)(1) 
of the Bank Holding Company Act (12 
U.S.C. 1842(a)f 1)) to become a bank 
holding company by acquiring 80 per¬ 
cent or more, of the voting shares of 
First Citizens Bank & Trust Co., 
Greencastle, Ind. The factors that are 
considered in acting on the application 
are set forth in section 3(c) of the Act 
(12U.S.C. 1842(c)). 

The application may be inspected at 
the offices of the Board of Governors 
or at the Federal Reserve Bank of Chi¬ 
cago. Any person wishing to comment 
on the application should submit views 
in writing to the Secretary, Board of 
Governors of the Federal Reserve 
System, Washington, D.C. 20551, to be 
received no later. than October 12, 
1978. ' 

Board of Governors of the Federal 
Reserve System, September 12,1978. 

Griffith L. Garwood, 
Deputy Secretary of the Board. 

(FR Doc. 78-26111 Filed 9-15-78; 8:45 am] 


[ 6210 - 01 ] 

REPUBLIC OF TEXAS CORP. 

AcquUition of Bank 

Republic of Texas Corp., Dallas, 
Tex., has applied for the Board’s ap¬ 
proval under section 3(a)(3) of the 
Bank Holding Company Act (12 U.S.C. 
1842(a)(3)) to acquire 100 percent of 
the voting shares (less directors’ quali¬ 
fying shares) of Texas State Bank. 
Austin, Tex. The factors that are con¬ 
sidered in acting on the application 
are set forth in section 3(c) of the Act 
(12U.S.C. 1842(0). 

The application may be inspected at 
the offices of the Board of Governors 
or at the Federal Reserve Bank of 
Dallas. Any person wishing to com¬ 
ment on the application should submit 
views in writing to the Secretary. 
Board of Governors of the Federal Re¬ 
serve System, Washington, D.C. 20551, 
to be received not later than October 
3, 1978. 


Board of Governors of the Federal 
Reserve System, September 8, 1978. 

Griffith L. Garwood, 
Deputy Secretary of the Board. 
(FR Doc. 78-26112 Filed 9-15-78; 8:45 am] 


[ 4110 - 88 ] 

DEPARTMENT OF HEALTH, 
EDUCATION, AND WELFARE 

Akohol, Drug Abute, and Mental Health 
Administration 

ADVISORY COMMITTEES 
Committee Exfentiont 

Pursuant to the Federal Advisory 
Committee Act of October 6, 1972 (5 
U.S.C. Appendix I), the Alcohol. Drug 
Abuse, and Mental Health Administra¬ 
tion announces the continuance by the 
Secretary of Health, Education, and 
Welfare, with the concurrence of the 
General Services Administration Com¬ 
mittee Management Secretariat, of 
the following public advisory commit¬ 
tees until December 31, 1978: 

Alcohol Research Review Committee. 
Alcohol Training Review Committee. 
Biological Sciences Training Review Com¬ 
mittee. 

Clinical Program-Projects Research Review 
Committee. 

Clinical Projects Research Review Commit¬ 
tee. 

Clinical Psychopharmacology Research 
Review Committee. 

Community Alcoholism Services Review 
Committee. 

Continuing Education Review Committee. 
Crime and Delinquency Review Committee. 
Developmental Problems Research Review 
Committee. 

Drug Abuse Research Review Committee. 
Drug Abuse Training Review Committee. 
Epidemiologic Studies Review Committee. 
Experimental and Special Training Review 
Committee. 

Experimental Psychology Research Review 
Committee. 

Mental Health Services Research Review 
Committee. 

Mental Health Small Grant Committee. 
Metropolitan Mental Health Problems 
Review Committee. 

Minority Group Mental Health Programs 
Review Committee. 

Neuropsychology Research Review Commit¬ 
tee. 

Paraprofesslonal Manpower Development 
Review Committee. 

Personality and Cognition Research Review 
Committee. 

Preclinical Psychopharmacology Research 
Review Committee. 

Psychiatry Education Review Committee. 
Psychiatric Nursing Education Review Com¬ 
mittee. 

Psychological Sciences Fellowship Review 
Committee. 

Psychology Education Review Committee. 
Research Scientist Development Review 
Committee. 

Social Problems Research Review Commit¬ 
tee. 

Social Sciences Research Review Commit¬ 
tee. 


Social Sciences Training Review Committee. 
Social Work Education Review Committee. 

Dated: September 7. 1978. 

David F. Kefauver, 
Acting Deputy Administrator 
Alcohol, Drug Abuse , and 

Mental Health Administration. 
[FR Doc. 78-26101 Filed 9-18-78; 8:45 ami 


[ 4110 - 08 ] 

Notionol Institutes of Health 

CANCER CONTROL AND REHABILITATION 
ADVISORY COMMITTEE 

Meeting 

Pursuant to Pub; L. 92-463, notice is 
hereby given of the meeting of the 
Cancer Control and Rehabilitation Ad¬ 
visory Committee, National Cancer In¬ 
stitute, October 27, 1978. Blair Build¬ 
ing, 1st floor Conference Room, 8300 
Colesville Road, Silver Spring, Md. 
20910. 

The entire meeting will be open to 
the public from 9 a.m. to adjournment, 
to review concepts of funding in fiscal 
year 1979. Attendance by the public 
will be limited to space available. 

Mrs. Marjorie F. Early. Committee 
Management Officer, National Cancer 
Institute, Building 31. Room 4B43, Na¬ 
tional Institutes of Health, Bethesda, 
Md. 20014, 301-496-5708 will provide 
summaries of the meeting and rosters 
of committee members, upon request. 

Mr. H. C. Noyes, Acting Executive 
Secretary. National Cancer Institute, 
Blair Building, Room 720, National In¬ 
stitutes of Health, Bethesda, Md. 
20014, 301-427-8053 will furnish sub¬ 
stantive program information. 

Dated: September 7, 1978. 

Suzanne L. Fremeau, 
Committee Management 
Officer NIH. 

[FR Doc. 78-26177 Filed 9-15-78: 8.45 am] 


[ 4110 - 08 ] 

HIGH BLOOD PRESSURE WORKING GROUP 
Meeting 

Notice is hereby given of the High 
Blood Pressure Working Group spon¬ 
sored by the National Institutes of 
Health, National Heart, Lung, and 
Blood Institute, Health Education 
Branch, November 6. 1978, National 
Institutes of Health, Building 1, 
Wilson Hall, Bethesda, Md. 20014. 

This meeting will be open to the 
public from 8:30 a.m. to 5 p.m. to 
define the priorities, activities, and 
needs of the participating groups in 
the National High Blood Pressure 
Education Program. Attendance by 
the public will be limited to space 
available. 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 











NOTICES 


41439 


For detailed program information 
and a copy of the agenda contact Mr. 
Graham W. Ward. Chief, Health Edu¬ 
cation Branch, National High Blood 
Pressure Education Program. National 
Heart, Lung, and Blood Institute, NIH, 
Building 31. Room 5A10, 9000 Rock¬ 
ville Pike, Bethesda. Md. 20014, 301- 
496-1051. For the list of participants 
and meeting summary contact Mr. 
York Onnen, Chief, Public Inquiries 
and Reports Branch, National Heart, 
Lung, and Blood Institute, NIH, Build¬ 
ing 31, Room 5A03, 9000 Rockville 
Pike, Bethesda, Md. 20014. 

Dated: September 7,1978. 

Suzanne L. Fremeau, 
Committee Management Office * 
National Institutes of Health. 

[FR Doc. 78-26178 Filed 9-15-78; 8:45 am] 


[ 4110 - 89 ] 

Office of Educotion 

WOMEN'S EDUCATIONAL EQUITY ACT 
PROGRAM 

Public Meeting on Regulation Ittues 

AGENCY: Office of Education, HEW. 

ACTION: Notice of public meeting on 
regulation issues under the pending 
Women's Educational Equity Act of 
1978. 

SUMMARY: The purpose of this 
notice is to announce the date, time, 
and location for a public meeting on 
regulation issues. 

DATE: October 19. 1978, 9 a.m.-12 
noon. 

ADDRESS: 400 Maryland Avenue 
SW.. Washington. D.C. NASA Audito¬ 
rium, room 6104, 6th floor. 

FOR FURTHER INFORMATION 
CONTACT: 

Dr. Mary Jane Smalley, room 2147, 
Federal Office Building 6, 400 Mary¬ 
land Avenue SW., Washington, D.C. 
20202, 202-245-2181. 

SUPPLEMENTARY INFORMATION: 
Final regulations (45 CFR Part 1600, 
were published in the Federal Regis¬ 
ter at 42 FR 33009 on June 28. 1977. 
The Women’s Educational Equity Act 
Program is currently operating under 
these regulations and will continue in 
fiscal year 1979. Consultations have 
been held with interested organiza¬ 
tions and individuals concerning the 
pending Women's Educational Equity 
Act of 1978. In order to gain greater 
Insight into regulation issues and 
expand public involvement, there will 
be a meeting to hear and explore addi¬ 
tional views on the implementation of 
the act. 

(Catalog of Federal Domestic Assistance No. 
13.565, Women’s Educational Equity Act 
Program.) 


Dated: September 12, 1978. 

Ernest L. Boyer, 
U.S. Commissioner of Education. 
[FR Doc. 78-26285 Filed 9-15-78; 8:45 am] 


[ 4110 - 08 ] 

Public Health Service 
NATIONAL INSTITUTES OF HEALTH 

Statement of Organisation, Functions, ond 
Delegations of Authority 

Part H, chapter HN (National Insti¬ 
tutes of Health) formerly part 8, chap¬ 
ter 8 (41 FR 52724, Dec. 1, 1976) of the 
statement of organization, functions, 
and delegations of authority for the 
Department of Health, Education, and 
Welfare (40 FR 22859, May 27. 1975, as 
amended most recently by 43 FR 4114, 
Jan. 31, 1978), is amended to reflect 
the retitling of the Baltimore Cancer 
Research Center Program as the Balti¬ 
more Cancer Research Program in the 
National Cancer Institute. This 
change is intended to remedy the con¬ 
fusion in identification of extramural 
grant supported cancer centers and in¬ 
tramural cancer research programs. 
There is no change in organizational 
structure. 

Section HN-B, Organization and 
Functions, is amended as follows: 
Under the heading National Cancer 
Institute (HNC), delete the title. Balti¬ 
more Cancer Research Center Pro¬ 
gram (HNC63) and insert the title, 
Baltimore Cancer Research Program 
(HNC63). 

Dated: September 8, 1978. 

Leonard D. Schaeffer, 
Assistant Secretary for 
Management and Budget 

[FR Doc. 78-26162 Filed 9-15-78; 8:45 am] 


[ 4310 - 70 ] 

DEPARTMENT OF THE INTERIOR 

National Park Sorvico 

BOSTON NATIONAL HISTORICAL PARK 
ADVISORY COMMISSION 

Mooting 

Notice is hereby given in accordance 
with the Federal Advisory Committee 
Act, Pub. L. 92-463, that a meeting of 
the Boston National Historical Park 
Advisory Commission will be held at 
11 a.m. on October 3, 1978, in the 
fourth floor conference room at 15 
State street, Boston, Mass. 

The Commission was established by 
Pub. L. 93-431 to advise the Secretary 
of the Interior on matters relating to 
the development of the Boston Na¬ 
tional Historical Park. 

The members of the Advisory Com¬ 
mission are as follows: 


Mr. Richard Berenson. Chairman, Brook¬ 
line, Mass. 

Dr. Evelyn Murphy, Lexington, Mass. 

Mr. Byron Rushing, Boston, Mass. 

Mrs. Katharine Kane. Boston. Mass. 

Mr. Maurice O’Shea, Charlestown. Mass. 

Ms. Gail Seybold, Boston. Mass. 

Mr. Guy Beninatl, Boston, Mass. 

The matters to be discussed at this 
meeting include: 

1. New initiatives in interpretation. 

2. Transportation of visitors by land and/or 
water. 

3. Boundary adjustments at the Charles¬ 
town Navy Yard. 

4. Progress report on the water-Chelsea con¬ 
nector and gate 4 roadway projects as 
they affect the navy yard. 

5. Progress report on cooperative agree¬ 
ments. 

6. Evaluation of 1978 visitor season. 

7. Discussion of park administration and op¬ 
erations. 

The meeting will be open to the 
public. However, facilities and space 
are limited, and it is expected that not 
more than 25 persons will be able to 
attend the session. Any member of the 
public may file with the committee a 
written statement concerning the mat¬ 
ters to be discussed. 

Persons wishing further information 
concerning this meeting, or who wish 
to submit written statements, may 
contact Hugh D. Gurney, Superin¬ 
tendent, Boston National Historical 
Park at 617-223-1128. Minutes of the 
meeting will be available for public in¬ 
spection 4 w r eeks after the meeting at 
the office of the Superintendent, 15 
State Street, Boston, Mass. 

Dated: September 5, 1978. 

Jack E. Stark, 
Regional Director , 
North Atlantic Region. 
[FR Doc. 78-26088 Filed 9-15-78; 8:45 am] 


[ 4310 - 70 ] 

INTENTION TO EXTEND CONCESSION 
CONTRACT 

Pursuant to the provisions of section 
5 of the act of October 9. 1965 (79 
Stat. 969; 16 U.S.C. 20), public notice is 
hereby given that thirty (30) days 
after the date of publication of this 
notice (October 18, 1978), the Depart¬ 
ment of the Interior, through the Di¬ 
rector of the National Park Service, 
proposes to extend the concession con¬ 
tract with LeConte Lodge, Inc., autho¬ 
rizing it to continue to provide conces¬ 
sion facilities and services for the 
public at Great Smoky Mountains Na¬ 
tional Park for a period of one (1) year 
from January 1, 1979, through Decem¬ 
ber 31, 1979. 

It has been determined that the pro- 
posed extension of this contract does 
not have potential for causing signifi¬ 
cant environmental impact and there- 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 










41440 


NOTICES 


fore preparation of an environmental 
assessment is not required. 

The foregoing concessioner has per¬ 
formed its obligations to the satisfac¬ 
tion of the Secretary under an existing 
contract which expires by limitation 
of time on December 31, 1978, and 
therefore, pursuant to the act of Octo¬ 
ber 9, 1965, as cited above, is entitled 
to be given preference in the renewal 
of the contract and in the negotiation 
of a new f contract. This provision, in 
effect, grants LeConte Lodge, Inc., as 
the present satisfactory concessioner, 
the right to meet the terms of respon¬ 
sive offers for the proposed new con¬ 
tract and a preference in the award of 
the contract, if. thereafter, the offer 
of LeConte Lodge, Inc., is substantially 
equal to others received. The Secre¬ 
tary Is also required to consider and 
evaluate all proposals received as a 
result of this notice. Any proposal to 
be considered and evaluated must be 
submitted on or before October 18, 
1978. 

Interested parties should contact the 
Assistant Director, Special Services, 
National Park Service, Washington, 
D.C. 20240, for information as to the 
requirements of the proposed con¬ 
tract. 

Dated: September 7, 1978. 

Daniel J. Tobin, Jr., 
Director, 

National Park Service. 

[FR Doc. 78-26104 Piled 9-18-78; 8:45 am] 


[ 4410 - 09 ] 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

CONTROLLED SUBSTANCES IN SCHEDULE II 

Proposed 1978 Revised Aggregate Production 
Quotas—Anileridine and Ethylmorphlne 

Section 306 of the Controlled Sub¬ 
stances Act of 1970 (21 U.S.C. 826) re¬ 
quires the Attorney General to estab¬ 
lish aggregate production quotas for 
all controlled substances in schedule I 
and II each year. This responsibility 
has been delegated to the Administra¬ 
tor of the Drug Enforcement Adminis¬ 
tration pursuant to § 0.100 of Title 28 
of the Code of Federal Regulations. 

On May 12, 1978, a notice of the 
final aggregate production quotas for 
anileridine and ethylmorphlne was 
published in the Federal Register (43 
FR 20565). Since the finalization of 
these quotas. DEA has been advised by 
the sole U.S. manufacturer of anileri¬ 
dine and ethylmorphine that addition¬ 
al production of these substances will 
be necessary in 1978. In the case of an¬ 
ileridine. increased production is re¬ 


quired due to a substantially greater 
export demand in 1978 than in previ¬ 
ous years. In the case of ethylmor¬ 
phine, an increased U.S. consumption 
in 1978 relative to 1977 requires in¬ 
creased production. In order to allow 
additional production in 1978, the ag¬ 
gregate production quotas for anileri¬ 
dine and ethylmorphine must be re¬ 
vised. Therefore, the Administrator of 
the Drug Enforcement Administra¬ 
tion, under the authority vested in the 
Attorney General by section 306 of 
the Controlled Substances Act of 1970 
(21 U.S.C. 826) and delegated to the 
Administrator by $0,100 of Title 28 of 
the Code of Federal Regulations does 
hereby propose the following changes 
of the aggregate production quotas for 
1978 for anileridine and ethylmor¬ 
phine expressed in grams of anhy¬ 
drous base: 

[Production quota] 


Previously Proposed 
Basic class finalised revised 

1978 1978 

aggregate aggregate 


Anileridine_:_ 234,000 272.000 

Ethylmorphine ~~~__ 23.000 30.000 


All interested persons are invited to 
submit their comments and objections 
in writing regarding this proposal. 
Comments and objections should be 
submitted in quintuplicate to the Ad¬ 
ministrator, Drug Enforcement Ad¬ 
ministration. UJS. Department of Jus¬ 
tice,, Washington, D.C. 20537, Atten¬ 
tion: DEA Federal Register Represent¬ 
ative and must be received by October 
23, 1978. If a person believes that one 
or more issues raised by him warrant a 
full adversary-type hearing, he should 
so state and summarize the reasons for 
his belief. 

In the event that comments or ob¬ 
jections to this proposal raise one or 
more issues which the Administrator 
finds, in his sole discretion, warrant a 
full adversary-type hearing, the Ad¬ 
ministrator shall order a public hear¬ 
ing in the Federal Register summa¬ 
rizing the issues to be heard and set¬ 
ting the time for the hearing. 

Dated: September 11,1978. 

Peter B. Bensinger, 
Administrator. 

[PR Doc. 78-26184 Piled 0-15-78; 8:45 am] 


[ 7715 - 01 ] 

POSTAL RATE COMMISSION 

[Docket No. MC78-2] 

MAIL CLASSIFICATION SCHEDULE, 1978 

Notice of U.S. Postal Sorvlco Filing of a Re¬ 
quest for a Recommended Decision on Estab¬ 
lishing a Third-Clast Carrier Route Pretort 
Subclass 

September 13, 1978. 
Notice is hereby given that on Sep¬ 
tember 8, 1978, the U.S. Postal Service 
(Posted Service), pursuant to section 
3623 of the Postal Reorganization Act 
(39 U.S.C. 3623), filed a request with 
the Postal Rate Commission for a rec¬ 
ommended decision on establishing a 
third-class carrier route presort sub¬ 
class. This filing has been assigned 
docket No. MC78-2. 

The Postal Service states that its re¬ 
quest is filed in accordance with the 
Commission’s rules of practice and 
contains such information and data 
which explain the nature, scope, sig¬ 
nificance, and impact of the proposed 
carrier route presort subclass. The 
Postal Service further states that the 
proposed subclass will be available for 
mailings of bulk third-class regular 
rate matter whioh, inter alia, consists 
of 10 pieces for each carrier route and 
a minimum of 2,000 pieces per mailing. 
Mail qualifying for this subclass will 
be charged a rate that is 1.5 cents per 
piece less than nonqualifying bulk 
third-class regular rate matter. Ac¬ 
cording to the Postal Service, this rate 
differential is intended to provide for 
mail service which: (1) Meets the 
needs of the different categories of 
mail users, and (2) recognizes cost sav¬ 
ings associated with carrier route pre¬ 
sorted mail. In addition, the Postal 
Service made a separate proposal re¬ 
lating to merchandise samples. Specifi¬ 
cally, merchandise samples that other¬ 
wise fail to meet the size requirements 
for carrier route presorted mail may 
benefit from the proposed 1.5 cents 
discount if detached labels sorted to 
carrier route are provided. 1 

Hearings will be held on the propos¬ 
als submitted by the Postal Service in 
docket No. MC78-2. Any person desir¬ 
ing to be heard with reference thereto 
and to become a party to the proceed¬ 
ing, or to participate as a party in any 
hearing thereon, should file a petition 
for leave to intervene. Petitions for 
leave to intervene must be filed with 
the Secretary. Postal Rate Commis¬ 
sion, Washington. D.C. 20268. on or 
before September 29, 1978, and must 
be in accordance with § 20 of the Com¬ 
mission’s rules of practice (39 CFR 
3001.20). We direct specific attention 
to § 20(b) which provides that peti- 


’The specific changes proposed by the 
Postal Service are set out. in legislative 
format, in attachment A to the Service's re¬ 
quest. 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 











NOTICES 


41441 


tions for leave to intervene shall affir¬ 
matively state whether or not petition¬ 
er requests a hearing or, in lieu there¬ 
of. a conference; and further, whether 
or not the petitioner intends to par¬ 
ticipate actively in the hearing.* Alter¬ 
natively. persons seeking limited par¬ 
ticipation, but who do not wish to 
become parties may, on or before Sep¬ 
tember 29, 1978, file a written request 
for leave to be heard as a “limited par¬ 
ticipator,” pursuant to § 19a of the 
Commission’s rules of practice (39 
CFR 3001.19a). In addition, persons 
wishing to express their views infor¬ 
mally, and not desiring to become a 
party or limited participant, may file 
comments pursuant to § 19b of the 
Commission’s rules, 39 CFR § 3001.19b. 

The request of the Postal Service for 
a recommended decision on establish¬ 
ing a third-class carrier route presort 
subclass is on file with the Commis¬ 
sion and is available for public inspec¬ 
tion during regular business hours. 

David F. Harris, t 
Secretary. 

[FR Doc. 78-26274 Filed 9-15-78T 8:45 ami 


[ 7715 - 01 ] 

[Docket No. MC78-3] 

MAIL CLASSIFICATION SCHEDULE, 1978 

Nolle* of Fifing of Roquost of tho U.S. Postal 
Sorvico for o Recommended Decision on Es¬ 
tablishing an Electronic Computer-Originated 
Mall Subclass 

September 13,1978. 
Notice is hereby given that on Sep¬ 
tember 8, 1978. the U.S. Postal Service 
(hereinafter Postal Service or Service), 
pursuant to 3623 of the Postal Reorga¬ 
nization Act (39 U.S.C. 3623), filed a 
request with the Postal Rate Commis¬ 
sion for a recommended decision on a 
proposed change to the domestic mail 
classification schedule (DMCS). The 
request involves creation of a new sub¬ 
class of first-class mail to be known as 
electronic computer-originated mail 
(ECOM). 1 This request has been as¬ 
signed docket No. MC78-3. 

The Postal Service states that if its 
request for a waiver of certain filing 
requirements is granted, its request 
will be in accordance with the Com¬ 
mission’s rules of practice applicable 
to requests for changes in the domes¬ 
tic mail classification schedule (39 
CFR 3001.61-3001.64). It further states 


*In this regard, parties who intend to par¬ 
ticipate actively in this proceeding are en¬ 
couraged informally and promptly to 
inform the Postal Service of desired prelimi¬ 
nary clarifications of the Postal Service's 
presentation wherever the participant be¬ 
lieves such clarification will expedite this 
proceeding. 

‘The proposed additions to the DMCS 
appear in attachment A to the Service’s re¬ 
quest. 


that ECOM would appear best suited 
for businesses with large mailing re¬ 
quirements. ECOM is designed to pro¬ 
vide highly reliable 2-day service for 
computer-originated messages. These 
messages would be electronically 
transmitted via a communications 
common carrier designated to provide 
the electronic switching requirements. 
Messages would be received at a post 
office close to the addressee on high¬ 
speed printers and would then be 
automatically burst, folded, inserted, 
and sealed in envelopes. From there, 
the messages would be entered in the 
mailstream and processed for delivery 
with first-class mail. 

Hearings will be held on the propos¬ 
al submitted by the Postal Service in 
docket MC78-3. Any person desiring to 
be heard with reference thereto and to 
become a party to the proceeding, or 
to participate as a party in any hear¬ 
ing thereon, should file a petition for 
leave to intervene. Petitions for leave 
to intervene must be filed with the 
Secretary, Postal Rate Commission, 
Washington, D.C. 20268, on or before 
September 29. 1978, and must be in ac¬ 
cordance with §20 of the Commis¬ 
sion's rules of practice (39 CFR 
3001.20). We direct specific attention 
to § 20(b) which provides that peti¬ 
tions for leave to Intervene shall affir¬ 
matively state whether or not petition¬ 
er requests a hearing or, in lieu there¬ 
of, a conference; and further, whether 
or not the petitioner intends to par¬ 
ticipate actively in a hearing.* Alterna¬ 
tively, persons seeking limited partici¬ 
pation, but who do not wish to become 
parties may, on or before September 
29, 1978, file a written request for 
leave to be heard as a “limited partici¬ 
pator," pursuant to § 19a of the Com¬ 
mission’s rules of practice (39 CFR 
3001.19a). In addition, persons wishing 
to express their views informally, and 
not desiring to become a party or lim¬ 
ited participant, may file such a state¬ 
ment pursuant to § 19b of the Commis¬ 
sion’s rules, 39 CFR 3001.19b. 

The request of the Postal Service for 
a recommended decision on changes in 
the DMCS is on file with the Commis¬ 
sion and is available for public inspec¬ 
tion during regular business hours. 

David F. Harris, 
Secretary. 

[FR Doc. 26275 Filed 9-15-78; 8:45 ami 


* Parties who intend to participate actively 
in this proceeding are encouraged informal¬ 
ly and promptly to inform the Postal Serv¬ 
ice of desired preliminary clarification In 
the Postal Service's presentation which 
each participant believes necessary In order 
to expedite this proceeding. 


[ 7715 - 01 ] 

[Docket No. MC78-11 

PARCEL POST CLASSIFICATION MATTERS, 1978 

Notico of U.S. Postal Sorvico Filing of a Ro¬ 
quost for a Recommended Decision on 
Changes in tho Domestic Mail Classification 
Schedule 

September 13, 1978. 
Notice is hereby given that on Sep¬ 
tember 8. 1978, the UJS. Postal Service 
(Postal Service), pursuant to chapter 
36 of the Postal Reorganization Act 
(39 U.S.C. §3601 et seq.), filed a re¬ 
quest with the Postal Rate Commis¬ 
sion for a recommended decision on 
certain proposed changes in the parcel 
post mail category. This filing has 
been assigned docket No. MC78-1. 1 

The specific changes proposed by 
the Postal Service for the parcel post 
mail category are set out, in legislative 
format, in attachment A to the Ser¬ 
vice’s request. In its filing, the Postal 
Service states that the request com¬ 
plies with all the Commission’s rules 
of practice which are applicable, and 
that it considers the changes proposed 
therein to be in the public interest and 
in accordance with the policies of the 
Postal Reorganization Act. Copies of 
the Postal Service’s request are availa¬ 
ble for public inspection during regu¬ 
lar business hours in the Commission’s 
reading room. 

Hearings will be held on the propos¬ 
al suboiitted by the Postal Service in 
docket NO. MC78-1. Any person desir¬ 
ing to be heard with reference thereto 
and to become a prty to the proceed¬ 
ing, or to participate as a party in any 
hearing thereon, should file a petition 
for leave to intervene. Petitions for 
leave to intervene must be filed with 
the Secretary, Postal Rate Commis¬ 
sion, Washington, D.C. 20268, on or 
before September 29, 1978, and must 
be in accordance with § 20 of the Com¬ 
mission’s rules of practice (39 CFR 
§3001.20). We direct specific attention 
to § 20(b), which provides that peti¬ 
tions for leave to intervene shall affir¬ 
matively state whether or not the peti¬ 
tioner requests a hearing or, in lieu 


'The Postal Service denominates its filing 
a request for "a recommended decision on 
changes in the mall classification schedule 
as it relates to parcel post,” and accordingly 
the request has been docketed as a mail 
classification matter. However, certain fea¬ 
tures of the Postal Service’s filing—such as 
statements of compliance with various por¬ 
tions of the Commission's rules applicable 
to requests for changes In postal rates or 
fees—suggest that some aspects of the Ser¬ 
vice's request may Involve this Commission's 
jurisdiction over changes in postal rates and 
fees pursuant to 39 UJS.C. § 3622. Therefore, 
participants in this proceeding should be 
prepared to treat postal rate Issues arising 
under 39 U.S.C. § 3622 as well as mail classi¬ 
fication issues arising under 39 UJS.C. 
§ 3623. 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 










41442 


NOTICES 


thereof, a conference; and further, 
whether or not the petitioner Intends 
to participate atively in the hearing.* 
Alternatively, persons seeking limited 
participation, but who do not wish to 
become parties, may, on or before Sep¬ 
tember 29, 1978. file a written request 
for leave to be heard as “limited* par¬ 
ticipators,” pursuant to § 19a of the 
Commission’s rules of practice (39 
CFR 3001.19a). In addition, persons 
who wish to express their views infor¬ 
mally, and do not desire to become 
parties or limited participators, may 
file comments pursuant to § 19b of the 
Commission’s rules, 39 CFR 3001.19b. 

David F. Harris, 
Secretary. 

[FR Doc. 26273 Filed 9-15-78; 8:45 am) 


[ 7710 - 12 ] 

POSTAL SERVICE 

PREPARATION OF DRAFT ENVIRONMENTAL 
IMPACT STATEMENT FOR SOUTHEAST IN¬ 
COMING MAIL CENTERS, BRAINTREE, MASS. 

AGENCY: U.S. Postal Service. Real 
Estate and Buildings Department, 
Northeast Region. 

ACTION: Notice of decision to prepare 
a draft environmental impact state¬ 
ment (DEIS). 

SUMMARY: Public notice is hereby 
given of the Postal Service’s decision 
to prepare a DEIS for the Southeast 
Incoming Mail Center proposed for a 
USPS controlled site located off Gran¬ 
ite Street, adjacent to King’s Depart¬ 
ment Store Shopping Center (about 1 
mile south of Routes 128 and 37 inter¬ 
section), Braintree. Mass., and other 
alternate sites. The proposal would 
affect the postal operations in the fol¬ 
lowing cities and towns. Braintree, 
Milton. Quincy, and Weymouth, Mass. 

The purpose of this notice is to 
invite comments from the public, in¬ 
cluding but not limited to entities of 
Federal. State, and local government, 
on potential environmental impacts re¬ 
lated to the proposed facility. 

DATE: Comments must be received on 
or before October 12, 1978. 

ADDRESS: Written comments should 
be submitted to Mr. Theodore H. 
Widman. Supervisor, Design and Con¬ 
struction, U.S. Postal Service, North¬ 
east Region, New England Field 
Office, Box 324, Lexington. Mass. 
02173. for further submission to the 
independent contract firm preparing 
the DEIS. 

FOR FURTHER INFORMATION 
CONTACT: 


* Parties who intend to participate active¬ 
ly in these proceedings are encouraged in¬ 
formally and promptly to inform the Postal 
Service of desired preliminary clarification 
in the Service’s presentation which each 
participant believes necessary in order to 
expedite this proceeding. 


Robert H. Coven, 202-245-4304. 

SUPPLEMENTARY INFORMATION: 
Major points raised by an comments 
will be included in the DEIS consist¬ 
ent with the USPS regional instruc¬ 
tion, “Environmental Assessment and 
Impact Statement Procedures,” dated 
March 31. 1978. filing No. 861, 1047- 
RE&B-39. Notice of completion and 
availability of the DEIS w r ill be pub¬ 
lished in local newspapers and posted 
on the bulletin boards of all postal fa¬ 
cilities located in and adjacent to the 
area of potential environmental 
impact. Public hearings will be held 
following distribution of the DEIS. 

Roger P. Craig, 
Deputy General Counsel 
[FR Doc. 78-26106 Filed 9-15-78; 8:45 am) 


[ 8010 - 01 ] 

SECURITIES AND EXCHANGE 
COMMISSION 

CRel. No. 15155; SR-Amex-78-14) 

AMERICAN STOCK EXCHANGE, INC 

Order Approving Propotod Rule Change 

September 11, 1978. 

On July 11, 1978. the American 
Stock Exchange. Inc. (“Amex”), file 
with the Commission, pursuant to sec¬ 
tion 19(b)(1) of the Securities Ex¬ 
change Act of 1934, 15 U.S.C. 

78(s)(b)(l) (the “Act*") and rule 19b-4 
thereunder, copies of proposed rule 
changes which make necessary modifi¬ 
cations to the Amex’s constitution and 
rules for the implementation and op¬ 
eration of an intermarket trading 
system (“ITS”). 

Notice of the proposed rule changes, 
together with the terms of substance 
of the proposed rule changes, was 
given by publication of a Commission 
release (Securities Exchange Act re¬ 
lease No. 34-14969. July 14, 1978) and 
by publication in the Federal Regis¬ 
ter (43 FR 31478, July 21. 1978). All 
written statements with respect to the 
proposed rule changes were filed with 
the Commission and all written com¬ 
munications relating to the proposed 
rule changes between the Commission 
and any person were considered and 
(with the exception of those state¬ 
ments or communications which may 
be withheld from the public in accord¬ 
ance with the provisions of 5 U.S.C. 
552) were made available to the public 
at the Commission’s public reference 
room. 

The Commission finds that the pro¬ 
posed rule changes are consistent with 
the requirements of the Act and the 
rules and regulations thereunder ap¬ 
plicable to national securities ex¬ 
changes. and in particular, the re¬ 
quirements of sections 6 and 11A, and 
the rules and regulations thereunder. 


It is therefore ordered. Pursuant to 
section 19(b)(2) of the Act. that the 
above-mentioned proposed rule 
changes be, and they hereby are. ap¬ 
proved. 

For the Commission, by the Division 
of Market Regulation, pursuant to del¬ 
egated authority. 

George A. Fitzsimmons, 
Secretary. 

[FR Doc. 78-26203 Filed 9-15-78: 8:45 am) 


[ 8010 - 10 ] 

[Rel. No. 15156; SR-BSE-78-31 

BOSTON STOCK EXCHANGE, INC 

Ordor Approving Proposed Rule Change 

September 11, 1978. 

On April 6, 1978, the Boston Stock 
Exchange. Inc. (“BSE”) filed with the 
Commission, pursuant to section 
lk(b)(l) of the Securities Exchange 
Act of 1934. 15 U.S.C. 78(s)(b)(l) (the 
“Act”) and rule 19b-4 thereunder, 
copies of proposed rule changes (sup¬ 
plemented by amendments No. 1, 2, 3, 
and 4, filed on Apr. 27, May 26, July 3, 
and July 5, 1978, respectively) which 
make necessary modifications to the 
BSE’s rules for the implementation 
and operation of an intermarket trad¬ 
ing system (“ITS”). 

Notice of the proposed rule changes, 
together with the terms of substance 
of the proposed rule changes, was 
given by publication of a Commission 
release (Securities Exchange Act re¬ 
lease No. 34-14961. July 14, 1978) and 
by publication in the Federal Regis¬ 
ter (43 FR 31483, July 21, 1978). All 
written statements with respect to the 
proposed rule changes which were 
filed with the Commission and all 
wnritten communications relating to 
the proposed rule changes between 
the Commission and any person were 
considered and (with the exception of 
those statements or communications 
which may be withheld from the 
public in accordance with the provi¬ 
sions of 5 U.S.C. 552) were made avail¬ 
able to the public at the Commission's 
public reference room. 

The Commission finds that the pro¬ 
posed rule changes are consistent with 
the requirements of the Act and the 
rules and regulations thereunder ap¬ 
plicable to national securities ex¬ 
changes, and in particular, the re¬ 
quirements of section 6 and 11 A. and 
the rules and regulations thereunder. 

It is therefore ordered. Pursuant to 
section 19(b)(2) of the Act, that the 
above-mentioned proposed rule 
changes be, and they hereby are, ap¬ 
proved. 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 









NOTICES 


41443 


For the Commission, by the Division 
of Market Regulation, pursuant to del¬ 
egated authority. 

George A. Fitzsimmons, 
Secretary. 

(FR Doc. 78-26204 Filed 9-15-78; 8:45 ami 


( 8010 - 01 ] 

IReL No. 20705; 70-62071 

MIDDLE SOUTH UTILITIES, INC, AND 
' LOUISIANA POWER A LIGHT CO. i 

Proposed Issuance and Sale of Common Sfodt 
by a Subsidiary to Its Parent Holding Company 

September 12, 1978. 

Notice is hereby given that Middle 
South Utilities, Inc. ("Middle South”), 
225 Baronne Street, New Orleans. La. 
70112, a registered holding company, 
and a wholly owned subsidiary, Lou- 
siana Power & Light Co. <”L.P. & L.”), 
142 Delaronde Street, New Orleans, 
La. 70174, have filed an application- 
declaration with this Commission pur¬ 
suant to the Public Utility Holding 
Company Act of 1935 ("Act”), desig¬ 
nating sections 6(a), 7, 9(a), 10, and 
12(f) of the Act and rules 23, 24, and 
43 promulgated thereunder as applica¬ 
ble to the following proposed transac¬ 
tion. All interested persons are re¬ 
ferred to the application-declaration, 
which Is summarized below, for a com¬ 
plete statement of the proposed trans¬ 
action. 

L.P. & L. proposes to issue and sell 
to Middle South, from time to time 
through December 31, 1978, up to 
3,788,000 shares of its authorized but 
unissued no-par common stock at an 
aggregate cash purchase price of 
$25,000,000. LJP. & L. will use the pro¬ 
ceeds of such sales to finance its con¬ 
struction program and for payment in 
part of short-term borrowings. The 
sales of common stock will be timed to 
coincide with L.P. & L.*s needs, which 
are primarily determined by the 
nature and pace of construction work. 
It is stated that each sale will be re¬ 
ported to the Commission by a certifi¬ 
cate filed pursuant to rule 24. 

As of June 30, 1978, L.P. & L. had 
issued 49,988,000 shares of its common 
stock to Middle South for an aggre¬ 
gate cash consideration of 
$328,900,000. To the extent that funds 
are required from external sources to 
acquire the common stock Middle 
South will obtin such funds through 
the issuance and sale of its unsecured 
short-term promissory notes issued 
under a revolving credit agreement 
dated as of June 29, 1978, as author¬ 
ized by the Commission's order dated 
June 15. 1978 (HCAR No. 20593). 

The fees and expenses to be incurred 
in connection with the proposed trans¬ 
action are estimated at $3,000, includ¬ 
ing legal fees of $1,000. It is stated 


that no State commission and no Fed¬ 
eral commission, other than this Com¬ 
mission, has jurisdiction over the pro¬ 
posed transaction. 

Notice is further given that any in¬ 
terested person may not later than Oc¬ 
tober 10, 1978, to request in writing 
that a hearing be held on such matter, 
stating the nature of his interest, the 
reasons for such request, and the 
issues of fact or law raised by the 
filing which he desires to controvert; 
or he may request that he be notified 
if the Commission should order a 
hearin thereon. Any such request 
should be addressed: Secretary, Securi¬ 
ties and Exchange Commission, Wash¬ 
ington, D.C. 20549. A copy of such re¬ 
quest should be served personally or 
by mail upon the applicant's-declar- 
ants at the above-stated addresses, and 
proof of service (by affidavit or, in 
case of an attorney at law, by certifi¬ 
cate) should be filed with the request. 
At any time after said date, the appli¬ 
cation-declaration, as filed or as it may 
be amended, may be granted and per¬ 
mitted to become effective as provided 
in rule 23 of the general rules and reg¬ 
ulations promulgated under the Act, 
or the Commission may grant exemp¬ 
tion from such rules as provided in 
rules 20(a) and 100 thereof or take 
such other action as it may deem ap¬ 
propriate. Persons who request a hear¬ 
ing or advice as whether a hearing is 
ordered will receive any notices or 
orders issued in this matter, including 
the date of the hearing (if ordered) 
and any postponements thereof. 

For the Commission, by the Division 
of Corporate Regulation, pursuant to 
delegated authority. 

George A. Fitzsimmons, 
Secretary. 

(FR Doc. 78-26205 Filed 9-15-78; 8:45 ami 


[ 8010 - 01 ] 

(Rel. No. 20706; 70-6204) 

NEW ORLEANS PUBLIC SERVICE, INC 

Proposal To Utuo and Sod First Mortgage 
Bondi at CompotRivo Bidding 

September 12,1978. 

Notice is hereby given that New Or¬ 
leans Public Service, Inc. ("NOPSI”), 
317 Baronne Street, New Orleans, La. 
70160 an electric utility subsidiary 
company of Middle South Utilities, 
Inc., a registered holding company, 
has filed an application with this Com¬ 
mission pursuant to the Public Utility 
Holding Company Act of 1935 ("Act”), 
designating section 6(b) of the Act and 
rule 50 promulgated thereunder as ap¬ 
plicable to the following proposed 
transaction. All interested parties are 
referred to said application, which is 
summarized below, for a complete 
statement of the proposed transaction. 


NOPSI proposes to issue and sell, at 
competitive bidding, up to $15 million 
principal amount of its first mortgage 
bonds of a new series having a term of 
not less than 5 or more than 30 years. 
NOPSI will determine, and give notice 
of, the maturity date of the bonds not 
later than 11 a.m. on the 3d business 
day preceding the day fixed for pres¬ 
entation of bids. The interest rate of 
the bonds, which shall be a multiple of 
Vfe of 1 percent, and the price, which 
will be not less than 98 percent nor 
more than 101.75 percent of the prin¬ 
cipal amount thereof, will be deter¬ 
mined by competitive bidding. The 
bonds will be issued under the mort¬ 
gage and deed of trust dated as of July 
1, 1944 ("Indenture”) between NOPSI 
and the Chase Manhattan Bank 
(N.A.), as trustee; as heretofore sup¬ 
plemented and amended from time to 
time, and as to be further supplement¬ 
ed by a 10th supplemental indenture 
to be dated the first day of the calen¬ 
dar month in which the bonds are 
issued. The bonds will be redeemable 
at the option of NOPSI, in whole or in 
part, at any time prior to maturity. 
The supplemental indenture will in¬ 
clude a prohibition, for a period of not 
more than 5 years, against refunding 
the bonds directly or indirectly, with 
funds borrowed at a lower effective in¬ 
terest cost. 

The application states that NOPSI 
will use the net proceeds from the sale 
of the bonds to repay short-term bor¬ 
rowings, estimated at $10,000,000 at 
the time the sale proceeds are re¬ 
ceived, to finance, in part, its 1978 and 
1979 construction programs which pro¬ 
vide for expenditures estimated at 
$25,000,000 and $26,750,000, respec¬ 
tively, and for other corporate pur¬ 
poses. 

The fees and expenses incurred or to 
be incurred in connection with the 
proposed transaction are estimated at 
$152,000, including legal fees estimat¬ 
ed at $42,500, accounting fees estimat¬ 
ed at $14,000, rating fees estimated at 
$4,125 and charges for services of 
Middle South Services, Inc., estimated 
at $8,500. The approval of the city of 
New Orleans is required for the issu¬ 
ance of the bonds. It is stated that no 
other State commission and no Feder¬ 
al commission, other than this Com¬ 
mission, has Jurisdiction over the pro¬ 
posed transaction. 

Notice is further given that any in¬ 
terested person may. not later than 
October 6, 1978, request in writing 
that a hearing be held on such matter, 
stating the nature of his interest, the 
reasons for such request, and the 
issues of fact or law raised by said ap¬ 
plication which he desires to contro¬ 
vert; or he may request that he be no¬ 
tified if the Commission should order 
a hearing thereon. Any such request 
should be addressed: Secretary, Securi- 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 








41444 

ties and Exchange Commission, Wash¬ 
ington. D.C. 20549. A copy of such re¬ 
quest should be served personally or 
by mall upon the applicant at the 
above-stated address, and proof of 
service (by affidavit or. in case of an 
attorney at law, by certificate) should 
be filed with the request. At any time 
after said date, the application, as 
filed or as it may be amended, may be 
granted as provided in rule 23 of the 
general rules and regulations promul¬ 
gated under the Act, or the Commis¬ 
sion may grant exemption form such 
rules as provided in rules 20(a) and 100 
thereof or take such other action as it 
may deem appropriate. Persons who 
request a hearing or advice as to 
whether a hearing is ordered will re¬ 
ceive any notices or orders issued in 
this matter, including the date of the 
hearing (if ordered) and any postpone¬ 
ments thereof. 

For the Commission, by the Division 
of Corporate Regulation, pursuant to 
delegated authority. 

George A. Fitzsimmons, 
Secretary. 

[FR Doc. 78-26206 Filed 9-15-78; 8:45 am) 


[ 8010 - 01 ] 

[Rel. No. 10397; 812-4278) 

REAL ESTATE ASSOCIATES, LTD., SONNENB- 
L1CK-GOLDMAN CORP. OF CALIFORNIA, 
AND CHARLES H. BOXENBAUM 

Filing of Application 

September 11,1978. 
Notice is hereby given that Real 
Estate Associates, Ltd. ("REAL"), 1901 
Avenue of the Stars. Los Angeles, 
Calif. 90067, a California limited part¬ 
nership, and its general partners. Son- 
nenblick-Goldman Corp. of California 
and Charles H. Boxenbaum ("General 
Partners" and, together with REAL, 
collectively referred to hereinafter as 
"Applicants"), filed an application on 
March 6, 1978, and amendments there¬ 
to on August 11 and August 28, 1978, 
pursuant to section 6(c) of the Invest¬ 
ment Company Act of 1940 ("Act") for 
an order exempting REAL from all 
provisions of the Act and rules there¬ 
under. All interested persons are re¬ 
ferred to the application on file with 
the Commission for a statement of the 
representations contained therein, 
which are summarized below. 

Applicants state that REAL was 
formed under the California Limited 
Partnership Act on September 15, 
1977. and is designed to implement the 
policy of Title IX of the Housing and 
Urban Development Act of 1968 to 
provide private investors with a means 
of acquiring equity interests in govern¬ 
ment-assisted low- and moderate- 
income housing. REAL will acquire 
limited partnership interests in local 


NOTICES 

limited partnerships ("Local Limited 
Partnerships") which own or lease 
government-assisted rental housing 
projects for low- and moderate-income 
persons. 

REAL itself is organized as a limited 
partnership because a limited partner¬ 
ship is the only form of organization 
which provides an investor with both 
liability limited to his capital invest¬ 
ment and the ability to claim on his 
individual tax return the deductions, 
losses, credits and other tax items a 
partnership can pass through to its 
partners. Therefore. REAL will oper¬ 
ate as a "two-tier" partnership; i.e., 
REAL, a limited partnership, will 
invest in other limited partnerships 
which, in turn, will be engaged in the 
development, building, ownership or 
leasing of government-assisted hous¬ 
ing for low- and moderate-income per¬ 
sons. 

One of REAL'S primary objectives is 
to pass through to its partners during 
the early years of the partnership net 
losses which may be used to offset 
other taxable income. Another of 
REAL'S primary objectives is to invest 
in projects which will appreciate in 
value. 

REAL has filed a registration state¬ 
ment under the Securities Act of 1933 
covering the sale of 3,000 to 12,500 
Units, each consisting of one limited 
partnership interest. These interests 
are to be sold only to qualified inves¬ 
tors with a minimum subscription of 
five Units. The minimum investment 
is $5,000. The General Partners will 
contribute $12,500, an amount repre¬ 
senting approximately 0.4 percent or 
0.1 percent of the total capitalization 
depending upon whether the mini¬ 
mum or maximum number of Units 
are old. REAL will have a minimum of 
$2,700,000 and a maximum of 
$11,250,000 available for investment 
after deductions for sales commissions 
and offering expenses. 

Offers to sell and sales of the Units 
to the public are proposed to be effect¬ 
ed through E. F. Hutton <fe Co., Inc. 
and other selected members of the Na¬ 
tional Association of Securities Deal¬ 
ers, Inc., none of which will own or 
owns any interest in the corporate 
General Partner or will have or has 
any other material relationship with 
its directors or officers. 

No subscription for Units will be ac¬ 
cepted unless the subscribing investor 
will represent in the Subscription 
Agreement for Units: (1) Th^t he has 
a net worth (exclusive of home, fur¬ 
nishings, and automobiles) of at least 
$25,000 and an annual gross income of 
at least $25,000, or that he has a net 
worth (exclusive of home, furnishings, 
and automobiles) of at least $100,000, 
or that he is purchasing in a fiduciary 
capacity for a person or entity which 
has such net worth and annual gross 


income; and (2) that he is aware of the 
risks involved in investing in REAL. 
He also must represent that some part 
of his annual income for 1978 will be 
taxable at the Federal tax rate of 50 
percent or more, and that he antici¬ 
pate some part of his income for the 
next 6 years will, but for the effect of 
his investment in the Units or other 
tax shelters, be taxable at such 50 per¬ 
cent rate. In addition, the Partnership 
Agreement will require that during 
the first 5 years following effective¬ 
ness of the Registration Statement, 
each transferee of Units must repre¬ 
sent that he meets the suitability 
standards set forth above. 

REAL will be controlled by the Gen¬ 
eral Partners pursuant to a "Partner¬ 
ship Agreement” between the General 
Partners and limited partners, where¬ 
by the limited partners, consistent 
with their limited liability status, will 
not be entitled to participate in the 
control of REAL'S business. However, 
a majority of limited partnership in¬ 
terests will have the right to amend 
the Partnership Agreement, dissolve 
REAL, remove one or both of the Gen¬ 
eral Partners and elect successor gen¬ 
eral partners, and continue REAL 
upon the death, insanity, retirement 
or bankruptcy of a General Partner. 
Also under the Partnership Agree¬ 
ment, each limited partner or his rep¬ 
resentative is entitled to review the 
records of REAL at reasonable times, 
including the register of names, ad¬ 
dresses, and number of Units owned 
by each other limited partner. 

The application indicates that REAL 
will invest not less than 90 percent of 
its available capital in Local Limited 
Partnerships which own or lease gov¬ 
ernment-assisted housing projects. 
REAL may also invest up to 10 percent 
or its capital in limited partnerships 
owning other residential projects. 
REAL has not yet identified any spe¬ 
cific Local Limited Partnership or pro¬ 
jects in which it proposes to invest. 
However, the application states that 
REAL will make its investments in ac¬ 
cordance with both detailed criteria 
for selecting particular projects for in¬ 
vestment and certain investment poli¬ 
cies which may not be changed with¬ 
out approval by the limited partners 
owning at least a majority of outstand¬ 
ing Units. 

Because REAL will invest only in 
limited partnership interests, both 
REAL and the General Partners will 
have only limited control over the 
management of the Local Limited 
Partnerships. However. REAL will 
have at least a majority and. in many 
cases, a 90 percent interest in a Local 
Limited Partnership. Moreover, in ne¬ 
gotiating Local Limited Partnership 
Agreements, the General Partners will 
endeavor to provide REAL with one or 
more of the following; the right to ap- 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 






NOTICES 


41445 


prove or disapprove the sale of the 
project; the right to demand a dissolu¬ 
tion of the Local Limited Partnership; 
and the right to demand the resigna¬ 
tion of the local general partner. In 
addition, REAL’S capital contribution 
to a Local Limited Partnership will be 
made in stages, and, in most cases, 
REAL will withhold the major portion 
of its contribution until the project 
has been constructed and is operating. 

Although the General Partners are 
engaged in other real estate transac¬ 
tions and manage other similar limited 
partnerships, REAL will not sell, ac¬ 
quire or lease properties or interests 
therein to or from the General Part¬ 
ners or their affiliates. Further, the 
General Partners have undertaken 
that no new public offerings with the 
same investment objectives as REAL 
will be commenced until substantially 
all funds raised by REAL have been 
committed to investment or otherwise 
utilized as described in the REAL pro¬ 
spectus. 

The General Partners will be enti¬ 
tled to receive 1 percent of REAL'S 
profits, losses, and distributions sub¬ 
ject to the conditions that their 1 per¬ 
cent share of net cash flow will be re¬ 
duced by the amount of annual man¬ 
agement fees which they receive, and 
that, upon liquidation of REAL, the 
General Partners will discharge any 
debt balance in their capital accounts. 
In addition to their 1 percent partici¬ 
pation in REAL’S profits, losses and 
distributions, the General Partners 
will receive certain fees for overseeing 
the conduct of REAL’S affairs and the 
continuing operation of each project. 
Applicants represent that these fees 
are in substantial conformity with the 
standards imposed by the Midwest Se¬ 
curities Commissioners and the Cali¬ 
fornia Corporations Commissioner. 

In the initial period, the General 
Partners will be paid a fee for the or¬ 
ganization and initial management of 
REAL and the syndication of the 
Units, aggregating approximately 0.8 
percent of invested assets. Invested 
assets are defined as the sum of the 
capital contributions anticipated to be 
made by REAL to the Local Limited 
Partnerships and the aggregate 
amount of the nonrecourse mortgage 
loans on the projects owned by such 
Local Limited Partnerships attributa¬ 
ble to REAL’S capital contributions. 
The General Partners also will receive 
acquisition and selection fees for their 
services in connection with the selec¬ 
tion, evaluation, negotiation, and ac¬ 
quisition of REAL’S investments. The 
aggregate amount of such fees will 
equal approximately 1.0 percent of in¬ 
vested assets. Of the proceeds from 
the sale of the Units. Applicants an¬ 
ticipate that a minimum of $270,000 
and a maximum of $1,150,000 will be 


paid for these organization, syndica¬ 
tion, acquisition, and selection fees. 

During REAL'S operational period, 
the General Partners will receive, in 
consideration for their management 
services, an annual fee in an amount 
equal to 0.5 percent of invested assets 
to be paid out of REAL’S general 
funds. As noted above, this annual 
management fee will be applied 
against the General Partners’ 1 per¬ 
cent share of REAL’S net cash flow. 
Finally, when a project is sold, the 
General Partners will receive a liqui¬ 
dation fee based upon the net pro¬ 
ceeds only after payment to the limit¬ 
ed partners of their invested capital in 
the project, plus an amount sufficient 
to pay their Federal and State taxes. 

REAL states that it will file with the 
Commission pursuant to section 15(d) 
of the Securities Exchange Act of 1934 
all required annual reports, quarterly 
reports, and current reports on forms 
10-K, 10-Q, and 8-K, as well as any. 
other reports required by such Act. 
The General Partners will also send 
each limited partner a year-end report 
containing financial statements audit¬ 
ed by REAL'S independent accoun¬ 
tants and tax information necessary 
for the preparation of each limited 
partner’s federal income tax return. In 
addition, each limited partner will re¬ 
ceive a report at least semiannually of 
REAL’S activities and the operational 
status of its investments, as well as in¬ 
terim reports regarding acquisitions. 

Under the California Limited Part¬ 
nership Act, and under the terms of 
the Partnership Agreement, the corpo¬ 
rate General Partner, which intends 
to register as an investment adviser 
under the Investment Advisers Act of 
1940, and the individual General Part¬ 
ner, are fiduciaries of REAL and its 
limited partners. Applicants state that 
under the Partnership Agreement, the 
officers and directors of the corporate 
General Partner and the individual 
General Partner will be indemnified 
only when a court finds that such per¬ 
son’s conduct fairly and equitably 
merits indemnity in the amount 
claimed. 

Without conceding that REAL is an 
investment company as defined in the 
Act. Applicants request that REAL be 
exempted from the provisions of the 
Act pursuant to section 6(c). Section 
6(c) of the Act provides that the Com¬ 
mission may exempt any person, secu¬ 
rity or transaction from any provision 
of the Act and rule thereunder if, and 
to the extent that, such exemption is 
necessary or appropriate in the public 
interest and consistent with the pro¬ 
tection of investors and the purposes 
fairly intended by the policy and pro¬ 
visions of the Act. 

Applicants contend that the exemp¬ 
tion of REAL from the provisions of 
the Act is both necessary and appro¬ 


priate in the public interest. Appli¬ 
cants assert that the form of organiza¬ 
tion of REAL, i.e., a limited partner¬ 
ship, which is necessary to limit the li¬ 
ability of private investors investing in 
subsidized low and moderate income 
housing, is incompatible with the reg¬ 
ulatory framework of the Act. Appli¬ 
cants contend that to discourage the 
two-tier limited partnership arrange¬ 
ment by application of the Act would 
eliminate the primary means of at¬ 
tracting private equity capital into 
government-assisted housing and 
would frustrate the national policy de¬ 
clared by Congress "to encourage the 
widest possible participation by pri¬ 
vate enterprise in the provision of 
housing for low and moderate income 
persons.” 

Applicants state that the exemption 
would be consistent with the protec¬ 
tion of investors and the purposes and 
policies of the Act. The limited part¬ 
nership interests in REAL are being 
sold only to relatively sophisticated in¬ 
vestors who will be apprised of the 
management of the partnership 
through reports sent to the limited 
partners and filed with the Commis¬ 
sion. Furthermore, Applicants state 
that the General Partners' discretion 
to invest the assets of REAL is pro¬ 
scribed by its stated investment poli¬ 
cies and objectives, which may be 
changed only by the vote of the hold¬ 
ers of at least a majority of its out¬ 
standing Units. With a majority vote, 
the limited partners will also have the 
right to dissolve REAL, to amend the 
Partnership Agreement, and to 
remove the General Partners. 

Applicants further assert that al¬ 
though the involvement of the Gener¬ 
al Partners in similar past and future 
partnerships could create a conflict of 
interest, such potential conflicts are 
mitigated by the General Partners' 
undertaking not to make any conflict¬ 
ing new offering until REAL'S funds 
have been committed and to follow 
prescribed procedures for determining 
which partnership should make an in¬ 
vestment in the event of a conflict. 
Moreover, Applicants state that the 
Partnership Agreement prohibits cer¬ 
tain transactions between REAL and 
its General Partners and their affili¬ 
ates in order to eliminate or signifi¬ 
cantly mitigate conflicts of interest. 

Notice is further given that any in¬ 
terested person may, not later than 
October 6, 1978, at 5:30 p.m., submit to 
the Co mm ission in writing a request 
for a hearing on the matter accompa¬ 
nied by a statement as to the nature of 
his interest, the reason for such re¬ 
quest. and the issues, if any, of fact or 
law proposed to be controverted, or he 
may request that he be notified if the 
Commission shall order a hearing 
thereon. Any such communication 
should be addressed: Secretary, Securi- 


FEDERAl REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 




41446 


NOTICES 


ties and Exchange Commission, Wash¬ 
ington, D.C. 20549. A copy of such re¬ 
quest shall be served personally or by 
mail upon Applicants at the address 
stated above. Proof of such service (by 
affidavit or, in case of an attomey-at- 
law, by certificate) shall be filed con¬ 
temporaneously with the request. As 
provided by rule 0-5 of the rules and 
regulations promulgated under the 
Act, an order disposing of the applica¬ 
tion will be issued as of course follow¬ 
ing said date unless the Commission 
thereafter orders a hearing upon re¬ 
quest 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. 

George A. Fitzsimmons, 
Secretary. 

CFR Doc. 78-26207 Filed 9-15-78; 8:45 am] 


[8010-01] 

(Re). No. 10398; 812-4344] 

ST ATI MUTUAL UK ASSURANCE CO. OF 
AMERICA 

Filing of Application 

September 12,1978. 

Notice is hereby given that State 
Mutual Life Assurance Co. of America 
(“Applicant”), 440 Lincoln Street, 
Worcester, Mass., a mutual life insur¬ 
ance company organized under the 
laws of Massachusetts, filed an appli¬ 
cation on August 3, 1978, for an order, 
pursuant to section 17(d) of the In¬ 
vestment Company Act of 1940 
(“Act”) and rule 17d-l thereunder, 
permitting Applicant to acquire 
$2,500,000 in principal amount of a 
new issue of 9Vk percent senior notes 
due in 1998 of Rand McNally & Co. 
(“Rand McNally”). All interested per¬ 
sons are referred to the application on 
file with the Commission for a state¬ 
ment of the representations contained 
therein, which are summarized below. 

Applicant is the investment adviser 
of State Mutual Securities, Inc. (“In¬ 
vestment Company”), a closed-end in¬ 
vestment company registered under 
the Act. Applicant states that it has 
made a commitment to purchase at 
direct placement $2,500,000 principal 
amount of a new issue of 9^4 percent 
senior notes due 1998 (“Notes”) of 
Rand McNally. Applicant and the In¬ 
vestment Company each currently 
hold $1,225,000 principal amount of 
8% percent senior notes due 1989 of 
Rand McNally (“Outstanding Notes”) 
issued by Rand McNally in February 
1974. In addition. Applicant owns 


$1,400,000 of 6V* percent senior notes 
of Rand McNally due 1982, purchased 
in 1967. Thus far Applicant and the 
Investment Company have each re¬ 
ceived $25,000 of sinking fund princi¬ 
pal payments on the Outstanding 
Notes. 

Pursuant to an order of the Commis¬ 
sion issued on February 12, 1973 (In¬ 
vestment Company Act Release No. 
7665), corrected on February 27, 1973 
(Investment Company Act Release No. 
7698) and amended by an order issued 
on July 28, 1976 (Investment Company 
Act Release No. 9371) (collectively re¬ 
ferred to as the “Order”), Applicant is 
permitted to invest concurrently in 
each issue of securities purchased by 
Investment Company at direct place¬ 
ment in an amount equal to that in¬ 
vested in such issue by Investment 
Company and to exercise warrants, 
conversion privileges and other rights 
at the same time and in the same 
amount as Investment Company. The 
order is subject to several conditions, 
one being that once the Applicant and 
Investment Company have acquired 
interest in an issuer, neither Applicant 
nor the Investment Company, unless 
otherwise permitted by the order of 
the Commission, may acquire any fur¬ 
ther interest in such issuer or in any 
affiliated person of such issuer, or in 
securities issued by such issuer or af¬ 
filiated person, other than interests in 
all respects identical. Applicant asserts 
that because the Investment Company 
will not acquire any of the Notes, Ap¬ 
plicant may not purchase the Notes 
unless it first obtains an order of the 
Commission specifically permitting 
such purchase. Accordingly, Appli¬ 
cant's commitment is subject to the 
prior issuance of an order by the Com¬ 
mission permitting such purchase. 

Section 17(d) of the Act and rule 
17d-l thereunder provide that it Is un¬ 
lawful for an affiliated person of a reg¬ 
istered investment company, acting as 
principal, to effect any transaction in 
which such investment company is a 
joint participant, without the permis¬ 
sion of the Commission. Rule 17d-l 
provides, in pertinent part, that in 
passing upon applications for orders 
granting such permission, the Com¬ 
mission will consider whether the par¬ 
ticipation of the investment company 
in such transaction on the basis pro¬ 
posed is consistent with the provisions, 
policies and purposes of the Act, and 
the extent to which such participation 
is on a basis different from or less ad¬ 
vantageous than that of other partici¬ 
pants. Accordingly, Applicant has re¬ 
quested an order, pursuant to section 
17(d) of the Act and rule 17d-l. per¬ 
mitting Applicant to acquire 
$2,500,000 in principal amount of the 
Notes, notwithstanding the present 
ownership by Applicant and the In¬ 


vestment Company of the Outstand¬ 
ing Notes. 

Applicant represents that the pro¬ 
posed acquisition of Notes is in no way 
connected with the sale of the Out¬ 
standing Notes to Applicant and the 
Investment Company in 1974 other 
than by virtue of the fact that Appli¬ 
cant's acquisition of the Outstanding 
Notes continued a business relation¬ 
ship with Rand McNally which com¬ 
menced in 1950. Applicant states that 
neither it nor the Investment Compa¬ 
ny is an affiliated person, as defined in 
section 2(a)(3) of the Act. of Rand 
McNally or an affiliated person of an 
affiliated person of Rand McNally. 

Applicant asserts that Rand McNal¬ 
ly will be receiving significant new 
value in consideration for issuing the 
Notes, the total issue of which is ex¬ 
pected to be $9,500,000. and that 
$6,500,000 of the proceeds received 
from the sale of the Notes will be used 
to repay presently outstanding subor¬ 
dinated debt owed to banks, thereby 
reducing Rand McNally's reliance 
upon prime-sensitive debt. Applicant 
further asserts that the Outstanding 
Notes owned by the Investment Com¬ 
pany will mature prior to the Notes 
and that the proposed purchase of 
Notes by Applicant will not materially 
affect Rand McNally's ability to meet 
its obligation to the Investment Com¬ 
pany on the Outstanding Notes. Ac¬ 
cording to the application, the Notes, 
ranking pari passu with the Outstand¬ 
ing Notes, will provide Rand McNally 
with improved financing capability 
and flexibility. Also, the Notes are 
nonrefundable from lower cost bor¬ 
rowings for a 10 year period and may 
be prepaid only at a premium declin¬ 
ing in equal annual increments from 
9 Vi percent in 1979 of the par in 1995. 
Applicant states that voluntary pre¬ 
payment of the Notes prior to the ma¬ 
turity of the Outstanding Notes is an 
unlikely event (most likely to occur at 
a time when the principal amount of 
the Outstanding Notes owned by the 
Investment Company would have been 
substantially prepaid by required sink¬ 
ing fund payments). 

Applicant submits that its proposed 
acquisition of the Notes is not disad¬ 
vantageous to the Investment Compa¬ 
ny and is consistent with the provi¬ 
sions, policies and purposes of the Act. 
Applicant asserts that the Notes are 
not an appropriate investment for the 
Investment Company and that the In¬ 
vestment Company’s Board of Direc¬ 
tors has voted to decline participation 
in the proposed acquisition of the 
Notes because the yield of 9tt percent 
on the Notes is inadequate at this 
time. In addition, the application 
states that the relative exposure of 
the Investment Company, which cur¬ 
rently has approximately 1.2 percent 
of its net assets invested in Outstand- 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 








NOTICES 


41447 


ing Notes of Hand McNally, must be 
considered in assessing the merits of 
an investment in the Notes. However, 
in the judgment of the Applicant the 
Notes would be an attractive invest¬ 
ment for it to acquire. Moreover, Ap¬ 
plicant asserts that it would be disad¬ 
vantaged if it is not permitted to ac¬ 
quire a portion of the Notes. 

Notice is further given that any in¬ 
terested person may, not later than 
October 10, 1978, at 5:30 p.m., submit 
to the Commission in writing a request 
for a hearing on the matter accompa¬ 
nied by a statement as to the nature of 
his interest, the reason for such re¬ 
quest, and the issues, if any, of fact or 
law proposed to be controverted, or he 
may request that he be notified if the 
Commission shall order a hearing 
thereon. Any such communication 
should be addressed: Secretary, Securi¬ 
ties and Exchange Commission, Wash¬ 
ington, D.C. 20549. A copy of such re¬ 
quest shall be served personally or by 
mail upon Applicant at the address 
stated above. Proof of such service (by 
affidavit or, in the case of an attomey- 
at-law, by certificate) shall be filed 
contemporaneously with the request. 
As provided by rule 0-5 of the rules 
and regulations promulgated under 
the Act, an order disposing of the ap¬ 
plication will be issued as of course fol¬ 
lowing said date unless the Commis¬ 
sion 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. 

George A. Fitzsimmons, 
Secretary. 

[FR Doc. 78-26208 Filed 9-15-78: 8:45 am] 


[ 4910 - 06 ] 

DEPARTMENT OF TRANSPORTATION 

Fadaral Railroad Administration 
PETITIONS FOR WAIVER OF RULES REQUIRING 

REAR END MARKING DEVICES 

As required by 45 U.S.C. 431(c) and 
in accordance with 49 CFR 211.41 and 
211.9, notice is hereby given that 11 
railroads have submitted waiver peti¬ 
tions to the Federal Railroad Adminis¬ 
tration (FRA) requesting temporary 
or permanent waivers of compliance 
with 49 CFR Part 221 (Rear End 
Marking Devices—Passenger, Com¬ 
muter, and Freight Trains h That part 
requires that certain passenger, com¬ 
muter and freight trains be equipped 
with highly visible marking devices lo¬ 
cated on the trailing end of the rear 
car of the train. 


Part 221 was published in the Feder¬ 
al Register on January 11, 1977 (42 
FR 2321), and became effective on 
February 15. 1977. Compliance with 
the provisions of that part became 
mandatory on July 1, 1978 (42 FR 
62002). 

Each of the railroads seeking a 
waiver is identified below. A brief dis¬ 
cussion of each request for waiver is 
provided. 

Interested persons are invited to par¬ 
ticipate in these proceedings by sub¬ 
mitting written data, views, or com¬ 
ments. The FRA does not anticipate 
scheduling a public hearing in connec¬ 
tion with the aforementioned petitions 
since the facts do not appear to war¬ 
rant a hearing. However, a public 
hearing will be scheduled if requested 
by an interested person before Sep¬ 
tember 29, 1978. 

All communications concerning 
these petitions must identify the ap¬ 
propriate docket number (e.g., FRA 
Waiver Petition No. RSRM-78-8) and 
should be submitted in triplicate to 
the Docket Clerk, Office of the Chief 
Counsel, Federal Railroad Administra¬ 
tion. 2100 Second Street SW., Wash¬ 
ington, D.C. 20590. Communications 
received before October 27, 1978, will 
be considered by the FRA before final 
action is taken. Comments received 
after that date will be considered to 
the extent practicable. 

Detailed information concerning 
each petition is on file with the docket 
clerk. Any comments received will also 
be on file. This material is available 
for examination by the public during 
regular business hours in Room 4406, 
Trans Point Building. 2100 Second 
Street SW., Washington, D.C. 20590. 

FRA Waiver Petition Docket No. 

RSRM-78-7 

DULUTH, MISSABEE Sc IRON RANGE 
RAILWAY 

The Duluth, Missabee Sc Iron Range 
Railway (D.M. Sc I.R.) seeks a tempo¬ 
rary waiver of compliance with the 
provisions of 49 CFR Part 221 which 
require that trains be equipped with 
highly visible marking devices. 

The D.M. Sc I.R. notes that it is in 
the process of obtaining approved 
marker devices and installing such de¬ 
vices. However, production delays have 
prevented D.M. Sc I.R. from meeting 
the July 1, 1978. deadline for installa¬ 
tion that is provided for in the regula¬ 
tion. The D.M. Sc I.R. estimates that it 
will complete the installation by De¬ 
cember 31, 1978, and seeks a tempo¬ 
rary waiver of compliance until that 
date. 

In support of the request for addi¬ 
tional time to complete the installa¬ 
tion of the approved markers, D.M. Sc 
I.R. notes that it currently operates 
cabooses on its railroad that have been 


painted with reflective materials. Ad¬ 
ditionally, D.M. Sc I.R. currently 
equips its cabooses with two marker 
lights and a rotating or flashing 
beacon attached to the top of the 
cupola. 

FRA Waiver Petition Docket No. 

RSRM-78-8 

THE FAMILY LINES SYSTEM 

The Family Lines System seeks a 
temporary waiver of compliance with 
the provisions of 49 CFR Part 221 
which require that trains be equipped 
with highly visible marking devices. 

Petitioner notes that the Family 
Lines System is composed of the Sea¬ 
board Coast Line Railroad Co., the 
Louisville Sc Nashville Railroad Co., 
the Georgia Railroad group, and the 
Clinchfield Railroad. It operates ap¬ 
proximately 1,500 cabooses over ap¬ 
proximately 18,000 miles of main track 
in 13 States. 

In support of its request, the Family 
Lines System notes the efforts it has 
made to comply with part 221 after 
the publication of the final rule 
amendment on December 8, 1977. Peti¬ 
tioner indicates that manufacturers 
did not complete the design and test¬ 
ing of markers which the Family Lines 
System believed capable of FRA certi¬ 
fication until April 1978. During April, 
petitioner installed a marker for test¬ 
ing on its equipment but that defects 
were discovered. These problems were 
not corrected until May. In June, peti¬ 
tioner requested FRA certification of 
marking devices produced by three 
manufacturers and FRA action on this 
request did not occur until August 18, 
1978, when FRA approved the request. 

Petitioner indicates that the Family 
Lines System will not be able to start 
the installation of the approved de¬ 
vices for at least 60 days after certifi¬ 
cation in order to permit manufacture 
of the devices. The Family Lines 
System notes that after receipt of the 
devices the markers must be installed 
on approximately 1,140 cars and, ac¬ 
cording to petitioner, that installation 
can proceed at a rate of no more than 
35 cars per month. At that rate, it will 
take approximately 36 months to com¬ 
plete the modifications. Notwithstand¬ 
ing these estimates, petitioner seeks a 
waiver of compliance until July 1, 
1980. 

FRA Waiver Petition Docket No. 

RSRM-78-9 

NORFOLK Sc WESTERN RAILWAY CO. 

The Norfolk Sc Western Railway Co. 
(N. Sc W.) seeks a temporary waiver of 
compliance with the provisions of 49 
CFR Part 221 which require that 
trains be equipped with highly visible 
marking devices. 

The N. Sc W. asserts that the devices 
currently available for installation are 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 





41448 


NOTICES 


not suitable for its operations. The pe¬ 
titioner believes that the available 
portable markers that could be in¬ 
stalled on its nonelectrified cabooses 
are heavier than needed and are im¬ 
practical for use in its operations in 
the coal fields. 

The N. Sc W. believes that more ap¬ 
propriate devices can be developed in 
the near future. In view of the time 
needed for such development and to 
complete manufacturing and installa¬ 
tion of such devices to the N. Sc W. 
notes that it will require a 3-year 
period to achieve compliance with the 
regulation and the N. Sc W., therefore, 
requests a 3-year waiver of compliance. 

FRA Waiver Petition Docket No. 

RSRM-78-10 

FLORIDA EAST COAST LINE RAILWAY CO. 

The Florida East Coast Railway Co. 
seeks a temporary waiver of compli¬ 
ance with the provisions of 49 CFR 
Part 221 which require that trains be 
equipped with highly visible marking 
devices. 

In support of its request, petitioner 
states that it has been diligent in its 
efforts to meet the June 31, 1978, 
deadline. It notes that it had hoped to 
be the first railroad in the country in 
full compliance. 

Petitioner indicates that shipment 
of the marking devices by the manu¬ 
facturer has been delayed because by 
labor problems experienced by the 
supplier. As a result, the markers are 
not available for installation at the 
present time. Accordingly, petitioner 
requests an unspecified period of addi¬ 
tional time in which to bring its oper¬ 
ations into compliance with part 221. 

FRA Waiver Petition Docket No. 

RSRM-78-11 

UNION PACIFIC RAILROAD CO. 

The Union Pacific Railroad Co. 
seeks a temporary waiver of compli¬ 
ance with the provisions of 49 CFR 
Part 221 which require that trains be 
equiped with highly visible marking 
devices. 

In support of its request, Union Pa¬ 
cific notes that a great amount of 
work is involved in bringing its ca¬ 
boose fleet into compliance. Union Pa¬ 
cific indicates that two marker lights 
must be installed in each of the 202 ca¬ 
booses. In addition, 876 light fixtures 
must be rebuilt for 438 cabooses. 

Union Pacific indicates that the 
marker lights are not ready to be in¬ 
stalled at the present time. Union Pa¬ 
cific attributes this delay to time 
reasonably required to design, manu¬ 
facture, test, and deliver the devices. 
Additional delay will result from the 
inservice testing which Union Pacific 
is planning to conduct. 

Union Pacific estimates that when 
the markers are ready, they will be in¬ 


stalled in three cabooses during each 
working day and that at this rate, it 
will take 14 months to complete instal¬ 
lation. In light of these facts. Union 
Pacific requests a 2-year waiver of 
compliance from the requirements set 
forth in 49 CFR Part 221. 

FRA Waiver Petition Docket No. 

RSRM-78-12 

ATLANTA St SAINT ANDREWS BAY RAILWAY 
CO. 

The Atlanta Sc Saint Andrews Bay 
Railway Co. (Bay Line) seeks an ex¬ 
emption from compliance with the 
provisions of 49 CFR Part 221 which 
require that trains be equipped with 
highly visible marking devices. 

The Bay Line states that it is a short 
line railroad operating in the north¬ 
western section of the State of Flor¬ 
ida. Operations on the railroad gener¬ 
ally consist of only two trains each 
day. These trains normally are operted 
late in the afternoon and are run in 
opposite directions. The Bay Line 
notes that the regulation as currently 
written does not apply to a railroad 
that operates only one train at any 
given time and that reason for this 
provision is the absence of a second 
train which might overtake the other 
train. 

The Bay Line operations, according 
to petitioner, are such that the two 
trains it operates are moving in oppo¬ 
site directions and, therefore, the 
second train is not in a position to 
overtake the other train. Accordingly, 
the Bay Line seeks a total exemption 
from compliance with the regulation. 

FRA Waiver Petition Docket No. 

RSRM-78-14 

CHICAGO St NORTH WESTERN 
TRANSPORTATION CO. 

The Chicago Sc North Western 
Transportation Co. (North Western) 
seeks a temporary waiver of compli¬ 
ance with the provisions of 49 CFR 
Part 221 which require that trains be 
equipped with highly visible marking 
devices. 

North Western notes that it began 
investigating rear end marking devices 
soon after publication of the final rule 
which required their installation. 
North Western determined at that 
time that passive devices would be 
more appropriate than self-illuminat¬ 
ed devices. Accordingly, it concentrat¬ 
ed its investigations on passive devices 
until December 8, 1977, when an 
amendment to part 221 was published 
which indicated that passive devices 
would not meet FRA criteria. 

After learning that self-Illunynated 
devices were required. North Western 
contacted vendors concerning self-con¬ 
tained battery-operated devices. North 
Western determined at that time that 
no suitable self-contained device had 


been developed and consequently de¬ 
cided that is must electrify its ca¬ 
booses in order to comply with part 
221 . 

North Western notes that commer¬ 
cial production of devices of the type 
that it will install did not begin until 
May 1978 and that they cannot be de¬ 
livered until 6 months after they are 
ordered. North Western notes further 
that due to limited shop capacity and 
the time reasonably required to elec¬ 
trify the cabooses and install the de¬ 
vices, it cannot be in compliance with 
part 221 until 6 months to 1 year after 
the devices are delivered. 

In view of the foregoing, North 
Western requests a 1-year waiver of 
compliance with the requirements set 
forth in 49 CFR Part 221. 

FRA Waiver Petition Docket No. 

RSRM-78-15 

BESSEMER St LAKE ERIE RAILROAD CO. 

The Bessemer Sc Lake Erie Railroad 
(Bessemer) seeks a permanent waiver 
of compliance with the provisions of 
49 CFR Part 221 which require that 
trains be equipped with highly visible 
marking devices. Bessemer seeks the 
waiver for its Western Allegheny Divi¬ 
sion. 

Bessemer notes that the Western Al¬ 
legheny Division is a single-track line 
which extends a distance of 19.7 miles 
and provides service to several small 
coal-loading sites. Bessemer indicates 
that the division was owned- by the 
Pennsylvania Railroad until it was 
purchased by Bessemer in 1968. 

Bessemer notes that this division is 
operated for all practical purposes as a 
separate entity and that there is only 
one connection between this division 
and the rest of Bessemer's operations. 
The division connects with Bessemer's 
main line at Queen Junction. The 
tracks at the connection are within 
yard limits and are used for the inter¬ 
change of empties and loads. 

In support of its request, Bessemer 
notes that the Western Allegheny Di¬ 
vision operates only one train at any 
given time. Bessemer notes further 
that the method of operation is an ab¬ 
solute block system which prohibits 
both opposing and following move¬ 
ments. 

In view of the method of operation 
and the fact that only one train is op¬ 
erated at a given time, Bessemer as¬ 
serts that no benefit would be derived 
from compliance with part 221. Ac¬ 
cordingly, Bessemer requests a perma¬ 
nent waiver for the Western Alleghe¬ 
ny Division. 

FRA Waiver Petition Docket No. 

RSRM-78-16 

PITTSBURGH St LAKE ERIE RAILROAD 

The Pittsburgh Sc Lake Erie Rail¬ 
road Co. (P. Sc L.E.) seeks a permanent 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER IS, 1978 





NOTICES 


41449 


waiver of co mpli ance with the provi¬ 
sions of 49 CFR Part 221 which re- 
quire that trains be equipped with 
highly visible marking devices. 

The P. Sc L.E. indicates that the 
waiver is sought for yard movements 
that are made along main line tracks 
without cabooses. These yard move¬ 
ments are less than 10 miles in length. 

In support of its request, petitioner 
notes that in its judgment compliance 
with part 221 would be impractical. 
The nature of its operations are such 
that in order to have these yard move¬ 
ments comply with part 221, petitioner 
would equip its trains with portable 
marking devices. In the opinion of the 
P. Sc L.E., however, a suitable portable 
marker has not yet been • developed. 
Those which have been developed are 
awkward to handle and would require 
special modifications. 

Petitioner further asserts that com¬ 
pliance is unnecessary. Petitioner 
states that it will put a block system 
into operation if the waiver is granted. 
The block system will operate to pre¬ 
vent following movements from enter¬ 
ing the block occupied by the yard 
movement not displaying a marking 
device. The P. Sc L.E. claims that the 
block system will provide more effec¬ 
tive protection against rear end colli¬ 
sion than marking devices. 

Due to the impracticability of porta¬ 
ble markers and to the availability of 
the block system as an alternative 
method of protection, petitioner seeks 
a waiver of compliance with the re¬ 
quirements of part 221 for its yard 
movements. 

/ 

FRA Waiver Petition Docket No. 

RSRM-78-17 

DETROIT, TOLEDO & IRONTOIf RAILROAD 
CO. 

The Detroit, Toledd Sc Ironton Rail¬ 
road Co. (D.T. Sc I.) seeks a temporary 
waiver of co mpli ance with the provi¬ 
sions of 49 CFR Part 221 which re¬ 
quire that trains be equipped with 
highly visible marking devices. 

D.T. Sc I. notes that it is a small class 
I railroad. It indicates that its econom¬ 
ic and engineering resources are limft- 
ed. 

In support of its request, D.T. Sc I. 
notes that ft is waiting for delivery of 
marking devices from the manufactur¬ 
er and that D.T, Sc I. plans to conduct 
feasibility tests on the devices when 
they are delivered. Installation will 
begin when this testing has been com¬ 
pleted but D.T. Sc I. indicates hat Its 
installation program will be hampered 
by limited shop capacity. 

D.T. Sc I. asserts that the expense in¬ 
volved in electrifying cabooses and the 
lack of engineering assistance from 
the AAR and the FRA have contribut¬ 
ed to its inabillty'to comply with part 
221 by June 31. 1978. Therefore, the 
D.T. Sc I. seeks a waiver of compliance 


for an unspecified period of time to 
complete the installation of its mark¬ 
ers. 

FRA Waiver Petition Docket No. 

RSRM-78-18 

THE COLORADO 8c WYOMING RAILWAY CO. 

The Colorado & Wyoming Railway 
Co. (C&W) seeks a permanent waiver 
of compliance with the provisions of 
49 CFR Part 221 which require that 
trains be equipped with highly visible 
marking devices. 

The C. Sc W. indicates that it oper¬ 
ates only two trains. One train is oper¬ 
ated on its Northern Division, which is 
located in Wyoming. The other train 
is operated on its Southern Division, 
which is located in Colorado. 

Petitioner asserts that there is no 
danger of rear end collisions because 
each division operates only one train. 
Accordingly, it indicates that no bene¬ 
fits would be derived from compliance 
with part 221 and, therefore, seeks a 
. total waiver of compliance. 

(Sec. 202, Federal Railroad Safety Act of 
1970, as amended (45 U.S.C. 431); sec. 
1.49<n). regulations of the Office of the Sec¬ 
retary of Transportation (49 CFR 1.49(n).) 

Issued in Washington, D.C.. on Sep¬ 
tember 12,1978. 

Robert H. Wright, 
Acting Chairman, 
Railroad Safety Board, 
[FR Doc. 78-26160 Filed 9-15-78; 8:45 am) 


[ 4910 - 13 ] 

Ftdtrd Aviation Administration 

RADIO TECHNICAL COMMISSION FOR AERO¬ 
NAUTICS (RTCA) SPECIAL COMMITTEE 13*— 
MINIMUM PERFORMANCE STANDARDS FOR 
AIRBORNE OMEGA RECEIVING EQUIPMENT 

Mooting 

Pursuant to section 10(a)(2) of the 
Federal Advisory Committee Act (Pub, 
L. 92-463; 5 U.S.C. App. I) notice is 
hereby given of a meeting of the 
RTCA Special Committee 138 on Mini¬ 
mum Performance Standards for Air¬ 
borne Omega Receiving Equipment, to 
be held October 17 and 18, 1978, Con¬ 
ference Room 7 A-B, DOT/Federal 
Aviation Administration Building. 800 
Independence Avenue SW., Washing¬ 
ton, D.C.. commencing at 9 a.m. 

The agenda for this meeting is as 
following; (1) Chairman’s introductory 
remarks; (2) approval 6f minutes of 
first meeting held August 9 and 10, 
1978; (3) review equipment test proce¬ 
dures in RTCA document DO-164, 
“Minimum Performance Standards— 
Airborne Omega Receiving Equip¬ 
ment”; (4) Consideration of antenna 


test procedures proposed by the 
Boeing Co.; and (5) other business. 

Attendance is open to the interested 
public but limited to space available. 
With the approval of the Chairman, 
members of the public may present 
oral statements at the meeting. Per¬ 
sons wishing to present oral state¬ 
ments or obtain information should 
contact the RTCA Secretariat, 1717 H 
Street NW., Washington. D.C. 20006, 
202-296-0484. Any member of the 
public may present a written state¬ 
ment to the committee at any time. 

Issued in Washington. D.C., on Sep¬ 
tember 8, 1978. 

Karl F. Bierach, 
Designated Officer . 

CFR Doc. 78-26161 Filed 9-15-78; 8:45 amj 


[ 1505 - 01 ] 

DEPARTMENT OF THE TREASURY 

Bureau of Alcohol, Tobacco and Flroarrat 

[Notice No. 78-14; Reference: ATF 0 
1100:951 

AUTHORITY TO SETTLE ALCOHOL, TOBACCO, 
AND FIREARMS TAX CLAIMS 

Delegation Order 

Correction 

In FR Doc. 78-25614 appearing at 
page 40971 in the issue for Wednes¬ 
day, September 13, 1978, the “Notice 
No." should have read "Notice No. 78- 
14" as set forth above. 


[ 4810 - 22 ] 

Office of the Secretary 

BICYCLE TIRES AND TUBES FROM THE 
REPUBLIC OF KOREA 

Antidumping; Withholding of Appraisement 
Notice 

AGENCY: U.S. Treasury Department. 

ACTION: Withholding of appraise¬ 
ment. 

SUMMARY: This notice is to advise 
the public that there are reasonable 
grounds to believe or suspect that 
there are sales of bicycle tires and 
tubes from the Republic of Korea to 
the United States at less than fair 
value within the meaning of the Anti¬ 
dumping Act, 1921. Sales at less than 
fair value generally occur when the 
price of merchandise sold for exporta¬ 
tion to the United States is less than 
the price of such or similar merchan¬ 
dise sold in the home market or to 
third countries. Appraisement for the 
purpose of determining the proper 
duties applicable to entries of this 
merchandise will be suspended for 6 


FEDERAL REGISTER, VOL. 43, NO. Ill—MONDAY, SEPTEMBER IB. 1971 








41450 


NOTICES 


months. Interested persons are invited 
to comment on this action not later 
than 30 days from the effective date 
of this notice. 

EFF ECTIVE DATE: September 18, 
1978. 

FOR FURTHER INFORMATION 
CONTACT: 

Holly Kuga, Operations Officer, 
Duty Assessment Division, U.S. Cus¬ 
toms Service, 1301 Constitution 
Avenue NW., Washington, D.C. 
20229, telephone 202-566-5492. 

SUPPLEMENTARY INFORMATION: 
On January 13, 1978, information was 
received in proper form pursuant to 
§§ 153.26 and 153.27, Customs Regula¬ 
tions (19 CFR 153.26. 153.27), from 
counsel acting on behalf of the Car¬ 
lisle Tire & Rubber Co. of Carlisle. Pa. 
indicating a possibility that bicycle 
tires and tubes from the Republic of 
Korea are being, or are likely to be, 
sold at less than fair value within the 
meaning of the Antidumping Act. 
1921, as amended (19 U.S.C. 160 et 
seq.) (referred to in this notice as "the 
Act"). On the basis of this information 
and subsequent preliminary investiga¬ 
tion by the Customs Service, an "Anti¬ 
dumping Proceeding Notice" was pub¬ 
lished in the Federal Register of Feb¬ 
ruary 23, 1978 (43 FR 7496). 

For purposes of this notice the term 
"bicycle tires and tubes" means pneu¬ 
matic bicycle tires, and tubes therefor, 
of rubber or plastics, whether such 
tires and tubes are sold together as 
units or separately. 

Tentative Determination of Sales at 
Less Than Fair Value 

On the bais of information devel¬ 
oped in the Customs investigation and 
for the reasons noted below, pursuant 
to section 201(b) of the Act (19 U.S.C. 
160(b)), I hereby determine that there 
are reasonable grounds to believe or 
suspect that the purchase price of bi¬ 
cycle tires and tubes from the Repub¬ 
lic of Korea is less than fair value, and 
thereby the foreign market value, of 
such or similar merchandise. 

Statement of Reasons on Which This 
Tentative Determination Is Based 

The reasons and bases for the above 
tentative determination are as follows: 

a. Scope of the investigation. It ap¬ 
pears that 100 percent of all imports 
of bicycle tires and tubes from the Re¬ 
public of Korea were produced by Dae 
Yung Commercial Co., Ltd., Hung A 
Industrial Co.. Ltd., and Korea Inoue 
Kasei Co., Ltd. In the case of sales by 
Korea Inoue Kasei, a relationship 
with the importer within the meaning 
of section 207 of the Act (19 U.S.C. 
166) appears to exist. Insufficient data 
was available for purposes of making 
comparisons using exporter’s sales 


price, so sales by Korea Inoue Kasei 
have not been used in arriving at the 
tentative determination. Additional in¬ 
formation will be requested in this 
matter, and information received from 
Korea Inoue Kasei will be verified and 
analyzed for use in making a final de¬ 
termination in this case. Sales of Dae 
Yung and Hung A together accounted 
for 81 percent of the total exports 
from Korea during the period investi¬ 
gated. The investigation was therefore 
limited to sales by these two export¬ 
ers. 

b. Basis of comparison. For the pur¬ 
pose of considering whether the mer¬ 
chandise in question is being, or is 
likely to be. sold at less than fair value 
within the meaning of the Act, the 
proper basis of comparison at this 
stage of the investigation appears to 
be between purchase price and the ad¬ 
justed home market price of such or 
similar merchandise. Purchase price, 
as defined in section 203 of the Act (19 
U.S.C. 162), was used since the sales to 
the United States, on which this deter¬ 
mination is based, appear to have been 
made to nonrelated customers. 

Home market price, as defined in 
§153.2, Customs Regulations (19 CFR 
153.2), was used for fair value purposes 
since such or similar merchandise ap¬ 
pears to have been sold in the home 
market in sufficient quantities to pro¬ 
vide an adequate basis for comparison. 

In accordance with § 153.31(b), Cus¬ 
toms Regulations (19 CFR 153.31(b)), 
pricing information was obtained con¬ 
cerning sales to the United States and 
in the home market during the period 
September 1, 1977, through February 
28. 1978. 

c. Purchase price. For purposes of 
this tentative determination, purchase 
price has been calculated on the basis 
of the f.o.b. price to the U.S. importer. 
Sales were made to bicycle mnaufac- 
turers and to replacement distributors 
in the United States. 

Deductions were made on sales to 
both levels of trade for inland freight, 
wharfage costs where applicable, and 
customs brokerage. In accordance with 
section 203 of the Act (19 U.S.C. 162), 
an addition was made to purchase 
price for the rebate of customs duties, 
a defense tax and a value-added tax in¬ 
curred on raw material upon the ex¬ 
portation of the merchandise to the 
United States. 

d. Home market price . For purpose 
of this tentative determination, the 
home market prices have been calcu¬ 
lated on the basis of delivered prices 
to unrelated purchasers in the home 
market. With regard to Hung A. com¬ 
parisons were made at the same com¬ 
mercial level of trade found in sales of 
the merchandise to the United States. 
With respect to Dae Yung, which did 
not make sales to bicycle manufactur¬ 
ers in the home market, sales to both 


bicycle manufacturers and replace¬ 
ment distributors in the United States 
were compared to sales to replacement 
distributors in the home market. No 
level of trade adjustment was made be¬ 
cause no suitable basis could be found 
for making that adjustment. 

In the absence of actual sales to bi¬ 
cycle manufacturers in Korea, the pre¬ 
ferred basis for making comparisons, 
as mandated by section 205 of the Act 
(19 U.S.C. 164), would be bona fide 
offers to sell to that level of trade. In 
this case, there is no evidence of offers 
and past sales that establish a viable 
basis for determining Dae Yung’s sales 
to bicycle manufacturers in Korea. 
However, that possibility will be ex¬ 
plored before a final determination is 
made. 

Treasury also considered other possi¬ 
bilities for making an adjustment for 
differences in level of trade: The first 
based on the relationship between 
sales in the home market by another 
manufacturer to bicycle manufactur¬ 
ers and replacement distributors, and 
the second based upon the price dif¬ 
ferentials in sales to manufacturers 
and distributors in third countries by 
Dae Yung itself. However, neither was 
found acceptable. As amended by the 
Trade Act of 1974. the practice of 
Treasury under the Antidumping Act 
to use the experience of other manu¬ 
facturers in fair value calculations has 
been severely restricted; and it has 
been Treasury’s policy to consider 
third-country experience only if no 
adequate home market sales occurred 
at any level of trade. In any event, in 
the case of Dae Yung, the Department 
found no meaningful difference in the 
prices to the two levels in its sales in 
third countries. 

Adjustments comparable to those 
recognized for differences in levels of 
trade might be separately recognized 
under the circumstance-of-sale provi¬ 
sion of § 153.10 of the Customs Regu¬ 
lations (19 CFR 153.10). However, as 
Dae Yung has not claimed any such 
adjustments, none will be made at this 
time. 

Adjustments were made, where ap¬ 
plicable, to home market sales to re¬ 
placement distributors for inland 
freight, rebates, bonuses, and differ¬ 
ences in merchandise. Sales to bicycle 
manufacturers in the home market 
were adjusted, where appropriate, for 
inland freight and differences in mer¬ 
chandise. 

The adjustment for differences in 
merchandise was for standard var¬ 
iances in tread and in color of sidewall 
on certain tires, and in material on 
certain tubes, sold both in the United 
States and in the home market. Pursu¬ 
ant to §153.11, Customs Regulations 
(19 CFR 153.11), the basis for those 
adjustments w T as the difference in the 
value of the merchandise as indicated 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 





NOTICES 


41451 


on published price lists. From the 
available information, an adjustment 
for the variances based upon value, 
rather than cost, was deemed prefer¬ 
able since list prices for the identical, 
differentiated tires and tubes in the 
home market were both available and 
followed in practice. 

Adjustments were made for rebates 
because the rebates were properly 
linked to the volume of merchandise 
purchased by customers over a speci¬ 
fied period of time and appear to have 
been consistently offered by both 
manufacturers. The adjustment made 
for bonuses related to the manufactur¬ 
er’s promotion of sales by distributors 
during a given period of time. The con¬ 
cept of bonuses is directly analagous 
to the basis on which rebates are given 
and was therefore allowed as a deduo 
tion from the home market price. 

Claims made for interest costs asso¬ 
ciated with delayed payment on home 
market sales, and for advertising, bad 
debt, and entertainment expenses 
were not allowed because insufficient 
information was presented to justify 
making any of those adjustments. In 
general, the respondents did not show 
that such costs were allocated to bicy¬ 
cle tires and tubes, nor did they show 
that those expenses were limited to 
the home market. Furthermore they 
did not prove that such expenses were 
sufficiently directly related to the 
sales under consideration, rather than 
simply general overhead expenses. 
Consequently, none of those claims 
were allowed under §153.10 of the 
Customs Regulations (19 CFR 153.10). 

A claim for advertising expenses in¬ 
curred on domestic replacement 
market sales has been made by Hung 
A and Dae Yung. It was not allowed 
because no direct relationship between 
this expense and the sales under con¬ 
sideration has been shown. 

Should additional evidence on the 
above-mentioned claims be forthcom¬ 
ing, adjustments may be deemed ap¬ 
propriate in making the final determi¬ 
nation In this case. 

e. Results of fair value comparisons . 
Using the above criteria, the purchase 
price of bicycle tires and tubes was 
found to be lower than the home 
market price of such or similar mer¬ 
chandise. Comparisons were made on 
81.2 percent of the sales made to the 
United States during the period under 
consideration. Margins were found 
ranging from approximately 6.5 to 116 
percent on 94 percent of the sales com¬ 
pared of Dae Yung during the investi¬ 
gation period. Comparisons of the 
sales made to the United States by 
Hung A revealed margins ranging 
from approximately 1 to 66 percent on 
39 percent of the sales compared. 
Weighted average margins for Dae 
Yung and Hung A on all sales com¬ 


pared were 33.3 percent and 6.5 per¬ 
cent. respectively. 

Accordingly. Customs officers are 
being directed to withhold appraise¬ 
ment of bicycle tires and tubes from 
the Republic of Korea in accordance 
with § 153.48, Customs Regulations (19 
CFR 153.48). 

In accordance with § 153.40, Customs 
Regulations (19 CFR 153.40), interest¬ 
ed persons may present written views 
or arguments, or request in writing 
that the Secretary of the Treasury 
afford an opportunity to present oral 
view's. 

Any request that the Secretary of 
the Treasury afford an opportunity to 
present oral views should be addressed 
to the Commissioner of Customs, 1301 
Constitution Avenue NW., Washing¬ 
ton. D.C. 20229, in time to be received 
by his office not later than October 3, 
1978. Such request must be accompa¬ 
nied by a statement outlining the 
issues to be discussed. These issues 
may be discussed in greater detail in a 
written brief. 

Any written views or arguments 
should likewise be addressed to the 
Commissioner of Customs in 10 copies 
in time to be received by his office not 
later than October 18, 1978. All per¬ 
sons submitting views or arguments 
should avoid repetitious and merely 
cumulative material. Counsel for the 
petitioner and respondent are also re¬ 
quested to send each other all written 
submissions, including nonconfidential 
summaries or approximated presenta¬ 
tions of all confidential information. 

This notice, which is published pur¬ 
suant to § 153.35(b), Customs Regula¬ 
tions (19 CFR 153.35(b)), shall become 
effective on September 18, 1978. It 
shall cease to be effective 6 months 
from the date of publication, unless 
previously revoked. 

Robert H. Mondheim, 
General Counsel of the Treasury. 

September 11. 1978. 

[FR Doc. 78-26179 Filed 9-15-78; 8:45 ami 


[ 4810 - 22 ] 

BICYCLE TIRES AND TUBES FROM THE 
REPUBLIC OF CHINA 

Antidumping; Withholding of Appraisement 
Notice, Tentative Exdosion From and Tenta¬ 
tive Discontinuance of Antidumping Investi¬ 
gation 

AGENCY: U.S. Treasury Department. 

ACTION: Withholding of appraise¬ 
ment, tentative exclusion from and 
tentative discontinuance of investiga¬ 
tion. 

SUMMARY: This notice is to advise 
the public that there are reasonable 
grounds to believe or suspect that bi¬ 
cycle tires and tubes from the Repub¬ 


lic of China, except for that merchan¬ 
dise produced by three companies, is 
being sold to the United States at less 
than fair value within the meaning of 
the Antidumping Act, 1921. Sales at 
less than fair value generally occur 
when the price of merchandise sold 
for exportation to the United States is 
less than the price of such or similar 
merchandise sold in the home market 
or to third countries. Appraisement 
for the purpose of determining the 
proper duties applicable to entries of 
this merchandise will be suspended for 
6 months. Interested persons are invit¬ 
ed to comment on this action not later 
than 30 days from the effective date 
of this notice. 

EFFECTIVE DATE: September 18. 
1978. 

FOR FURTHER INFORMATION 
CONTACT: 

William T. Trujillo, U.S. Customs 

Service, Office of Operations, Duty 

Assessment Division, Technical 

Branch, 1301 Constitution Avenue 

NW., Washington, D.C. 20229, tele¬ 
phone 202-566-5492. 

SUPPLEMENTARY INFORMATION: 
On January 13, 1978, information was 
received in proper form pursuant to 
§§ 153.26 and 153.27. customs regula¬ 
tions (19 CFR 153.26 and 153.27), from 
counsel acting on behalf of the Car¬ 
lisle Tire and Rubber Co. of Carlisle, 
Pa., indicating that bicycle tires and 
tubes from the Republic of China are 
being, or are likely to be," sold at less 
than fair value within the meaning of 
the Antidumping Act, 1921, as amend¬ 
ed (19 UAC. 160 et seq.) (referred to 
in this notice as “the Afct"). On the 
basis of this information and subse¬ 
quent preliminary investigation by the 
Customs Service, an “Antidumping 
Proceeding Notice” was published in 
the Federal Register of February 23, 
1978 (43 FR 7496). 

For purposes of this notice the term 
"bicycle tires and tubes” means pneu¬ 
matic bicycle tires, and tubes therefor, 
of rubber or plastics, whether such 
tires and tubes are sold together as 
units or separately. 

Tentative Determination of Sales at 
Less Than Fair Value 

On the basis of information devel¬ 
oped in the Customs investigation and 
for the reasons noted below, pursuant 
to § 201(b) of the Act (10 UH.C. 
160(b)), I hereby determine that, with 
the exception of sales by Nan Kang 
Rubber and Industrial Corp. Ltd.. Hwa 
Fong Rubber Industrial Co.. Ltd., and 
Kenda Rubber Tire Corp.. Ltd., there 
are reasonable grounds to believe or 
suspect that the purchase price of bi¬ 
cycle tires and tubes from the Repub¬ 
lic of China is less than fair value, and 
thereby the foreign market value, of 


FEDERAL REGISTER, VOL 43, NO. 1B1—MONDAY, SEPTEMBER IB, 197B 





41452 


NOTICES 


such or similar merchandise. In the 
case of Nan Kang Rubber and Indus¬ 
trial Corp.. and Hwa Fong Rubber In¬ 
dustrial Co., I hereby exclude those 
companies from this determination. In 
the case of Kenda Rubber Tire Corp., 

I hereby tentatively discontinue the 
investigation. 

Statement of Reasons on Which This 
Determination Is Based 

The reasons and bases for the above 
tentative determination are as follows: 

a. Scope of the investigation. I ap¬ 
pears that 100 percent of the imports 
of the subject merchandise from the 
Republic of China during the period 
of the investigation were manufac¬ 
tured by the following firms: 

1. Hwa Fong Rubber Industrial Co., Ltd. 

2. Cheng Shin Rubber Industrial Co., Ltd. 

3. Kenda Rubber Tire Corp.. Ltd. 

4. Nan Kang Rubber <fc Industrial Corp.. 
Ltd. 

5. Li Hsin Rubber Industrial Co.. Ltd. 

6. Tai Yung Rubber Works Co.. Ltd. 

7. Union Rubber Industrial Co.. Ltd. 

The investigation was limited to the 
first four firms, which accounted for 
approximately 86 percent of the im¬ 
ports during the period of investiga¬ 
tion. 

b. Basis of comparison. For the pur¬ 
pose of considering whether the mer¬ 
chandise in question is being, or is 
likely to be. sold at less than fair value 
within the meaning of the Act, the 
proper basis of comparison appears to 
be, except for Nan Kang, between pur¬ 
chase price and the adjusted home 
market price of such or similar mer¬ 
chandise. With respect to Nan Kang, 
the proper basis of comparison ap¬ 
pears to be between purchase price 
and third country price of such or sim¬ 
ilar merchandise. Purchase price, as 
defined in §203 of the Act (19 U.S.C. 
162), was used since all export sales to 
the United States by the four firms 
appear to have been made to unrelat¬ 
ed customers. Home market price, as 
defined in § 153.2, customs regulations 
(19 CFR 153.2), was used for fair value 
purposes when such or similar mer¬ 
chandise appears to have been sold in 
the home market in sufficient quanti¬ 
ties to provide an adequate basis of 
comparison. Sales for exportation to 
countries other than the United States, 
as defined in § 153.3, customs regula¬ 
tions (19 CFR 153.3). were used for fair 
value purposes when such or similar 
merchandise appears not to have been 
sold in the home market in sufficient 
quantities to provide an adequate basis 
of comparison. 

In accordance with § 153.31(b) cus¬ 
toms regulations (19 CFR 153.31(b)), 
pricing information was sought con¬ 
cerning imports, home market sales 
and third country sales during the 
period September 1, 1977, through 


February 28, 1978. The information 
was received from all of the firms and 
verified. 

To the extent possible, information 
received from Li Hsin, Tai Yung and 
Union Rubber will be analyzed prior 
to making a final determination in 
this case. 

c. Purchase Price. For purposes of 
this tentative determination, purchase 
price has been calculated on the basis 
of sales prices to unrelated United 
States purchasers, and to trading com¬ 
panies in the Republic of China which 
export the merchandise to the United 
States, which deductions made, where 
applicable, for c.i.f. charges, inland 
freight charges, commissions, broker¬ 
age charges, bank charges and contri¬ 
butions to the Taiwan Rubber Associ¬ 
ation. An addition was made, where 
applicable, for duty drawback of Re¬ 
public of China customs duty paid on 
Imported material used to manufac¬ 
ture the tires and tubes exported to 
the United States during the investiga¬ 
tory period. Additions were also made 
for the amount of commodity, stamp 
and education taxes imposed on sales 
of this merchandise domestically, 
which taxes were either rebated or not 
collected upon exportation. 

d. Home market price. For the pur¬ 
pose of this tentative determination, 
the home market price has been calcu¬ 
lated on the basis of the selling prices 
to unrelated purchasers in the Repub¬ 
lic of China. Deductions were made, 
where applicable, for inland freight. 
Adjustments w T ere made, where appli¬ 
cable, for differences in credit, packing 
and merchandise and for advertising 
expenses and rejected merchandise. 

The adjustments for differences in 
credit related to the differences in in¬ 
terest costs incurred by the sellers due 
to differences in the receipt of pay¬ 
ment on sales in the home market as 
compared with export sales. The ad¬ 
justment for differences in packing re¬ 
lated to different costs associated with 
packing the merchandise for export 
and for home consumption. Those ad¬ 
justments were made in accordance 
with §153.10 of the customs regula¬ 
tions (19 CFR 153.10). 

The adjustments for differences in 
merchandise concerned sales by Cheng 
Shin. Those differences involved 
standard variances in tread and in 
color of sidewall on certain tires and in 
material on certain tubes sold both in 
the United States and in the home 
market. The adjustment factor was 
based upon the differences in the ne¬ 
gotiated prices for the identical, differ¬ 
entiated tires and -tubes sold in the 
home market. This adjustment was 
made in accordance with § 153.1 1 of 
the customs regulations (19 CFR 
153.11). 

The adjustment for advertising ex¬ 
penses was made in the case of Cheng 


Shin for certain advertising costs as 
sumed by that manufacturer on behalf 
of its distributors. The adjustment for 
rejected merchandise concerned a de¬ 
duction for merchandise returned by 
home market customers in the case of 
sales by two manufacturers. These 
manufacturers did not incur similar 
claims for rejected merchandise on 
sales to the United States. According¬ 
ly, adjustments for the foregoing ex¬ 
penses were made in accordance with 
§ 153.10 of the customs regulations (19 
CFR 153.10). 

Claims were made for adjustments 
under § 153.10, customs regulations (19 
CFR 153.10) for entertainment ex 
penses and bad debt expenses incurred 
in the home market. These claims 
have been denied for purposes of this 
determination due to a lack of suffi¬ 
cient supporting evidence. 

A claim for an adjustment was made 
by Hwa Fong based upon differences 
in the quantity sold in the two mar 
kets. However, the company did not 
provide any documentation to justify 
making the adjustment. Moreover, its 
prices did not appear to vary in direct 
relationship to quantities, as contem¬ 
plated by § 153.9(b) of the customs reg¬ 
ulations (19 CFR 153.9(b)). 

e. Sales for exportation to countries 
other than the United States. Since 
Nan Kang had no home market sales 
of such or similar merchandise to form 
a basis of comparison with its exports 
to the United States, fair value was 
calculated on the basis of Nan Kang’s 
sales to the third country (Canada) in 
which the greatest number of Nan 
Kang’s export sales to countries other 
than the United States were made. 
These sales were made from the same 
price list used for sales to the United 
States and in both cases actual sales 
prices appear to ahere to the price list. 

f. Results of fair value comparisons. 
Using the above criteria, the purchase 
price in certain instances appears to be 
lower than the home marked price of 
such or similar merchandise. Compari 
sons were made on approximately 86 
percent of the subject merchandise 
sold for export to the United States by 
all seven producers during the period 
of investigation. Margins were found 
on approximately 18 percent of the 
sales compared, ranging from 0.4 per 
cent to 52.0' percent and resulted in a 
weighted-average margin of 2.4 per 
cent. Weighted-average margins found 
with respect to the companies on 
which comparisons were made are as 
follows: Cheng Shin 5.1 percent 
Kenda 0.5 percent and Hwa Fong 0.23 
percent. No margins were found on 
sales made by Nan Kang. The margin.s 
found on sales by Hwa Fong are deter¬ 
mined to be de minimis. The margins 
on sales by Kenda are considered to be 
minimal in relation to total sales and 
formal assurances have been received 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 






NOTICES 


41453 


from that manufacturer indicating 
that all future sales to the United 
States will be at not less than fair 
value. 

Accordingly, customs officers are 
being directed to withhold appraise¬ 
ment of bicycle tires and tubes from 
the Republic of China, except that 
produced by Nan Kang, Hwa Fong and 
Kenda, in accordance with §153.48 
customs regulations (19 CFR 153.48). 

In accordance with § 153.40, customs 
regulations (19 CFR 153.40), interest¬ 
ed persons may present written views 
or arguments, or request in writing 
that the Secretary of the Treasury 
afford an opportunity to present oral 
views. 

Any request that the Secretary of 
the Treasury afford an opportunity to 
present oral views should be addressed 
to the Commissioner of Customs, 1301 
Constitution Avenue NW., Washing¬ 
ton, D.C. 20229, in time to be received 
by his office not later than October 3, 
1978. Such requests must be accompa¬ 
nied by a statement outlining the 
issues wished to be discussed. 

Any written views or arguments 
should likewise be addressed to the 
Commissioner of Customs in time to 
be received by his office not later than 
October 18, 1978. All persons submit¬ 
ting written views or arguments 
should avoid repetitious and merely 
cumulative material. Counsel for the 
petitioner and respondents are re¬ 
quested to serve all written submis¬ 
sions, including nonconfidential sum¬ 
maries or approximated presentations 
of all confidential information, on all 
other counsel and to file their submis¬ 
sions with the Commissioner of Cus¬ 
toms in 10 copies. 

This notice, which is published pur¬ 
suant to §§ 153.35(b), 153.38, and 

153.33(b), customs regulations (19 
CFR 153.35(b), 153.38, and 153.33(b)), 
shall become effective September 18, 
1978. Withholding of appraisement 
shall cease to be effective at the expi¬ 
ration of 6 months from the date of 
publication, unless previously revoked. 

Robert H. Mundheim. 

General Counsel of the Treasury. 
September 11, 1978. 

CFR Doc. 78-26180 Filed 9-15-78; 8:45 am] 


[ 1505 - 01 ] 

INTERSTATE COMMERCE 
COMMISSION 

[Decisions Volume No. 18] 

DECISION-NOTICE 

Correction 

In FR Doc. 78-22616 appearing at 
page 36185 in the issue for Tuesday, 
August 15, 1978, make the following 
corrections: 


1. On page 36188, third column, “MC 
14273 (Sub-409F)” should read “MC 
114173 (Sub-409F)'\ 

2. On page 36189, third column, “MC 
11452 (Sub-167F)” should read “MC 
114552 (Sub-167F)’\ 


[ 1505 - 01 ] 

[Decision Vol. No. 20] 

DECISION-NOTICE 

Correction 

In FR Doc. 78-23368 appearing at 
page 37311 in the issue for Tuesday, 
August 22, 1978, make the following 
corrections: 

1. On page 37313, first column, “MC 
94265 (Sub-279F)” should read “MC 
94165 (Sub-270F)”. 

2. On page 37318, third column, “MC 
138308 (Sub-52F*)” at the bottom, 
should read “MC 138308 (Sub-53FT. 


[ 1505 - 01 ] 

[Decision Vol. No. 23] 

DECISION-NOTICE 

Correction 

In FR Doc. 78-24410 appearing at 
page 38966 in the issue for Thursday, 
August 31, 1978, on page 38973, third 
column, “MC 13882 (Sub-104F)” 

should read “MC 138882 (Sub-104F)’\ 


[ 1505 - 01 ] 

[Decision Vol. No. 13] 

DECISION-NOTICE 

Correction 

In FR Doc. 78-19938, appearing at 
page 31258 in the issue of July 20. 
1978, on page 31274, in the second 
column, in the fourth and ninth lines 
respectively of MC 103926 (Sub-68F), 
“AK“ should read “AR’\ 


[ 1505 - 01 ] 

[Decisions VoL No. 20] 

DECISION-NOTICE 

Correction 

In FR Doc. 78-23367 appearing at 
page 37301 in the issue for Tuesday. 
August 22, 1978, under MC 118838 
(Sub-28F) in the first column of page 
37306, change “NM“ to read “MN”. 


[ 1505 - 01 ] 

[Vol. No. 105] 

MOTOR CARRIER, BROKER, WATER CARRIER 
AND FREIGHT FORWARDER OPERATING 
RIGHTS APPLICATIONS 

Correction 

In FR Doc. 78-20685, appearing at 
page 32494 in the issue of July 27, 
1978, on page 32498, in the first 
column, in MC 123407 (Sub-453F) in 
the third line “Oklahoma” should be 
corrected to read “Orleans.” 


[ 7035 - 01 ] 

[Notice No. 714] 

ASSIGNMENT OF HEARINGS 

September 13, 1978. 
Cases assigned for hearing, post¬ 
ponement, cancellation or oral argu¬ 
ment appear below and will be pub¬ 
lished only once, this list contains pro¬ 
spective assignments only and does 
not include cases previously assigned 
hearing dates. The hearings will be on 
the issues as presently reflected in the 
official docket of the Commission. An 
attempt will be made to publish no¬ 
tices of cancellation of hearings as 
promptly as possible, but interested 
parties should take appropriate steps 
to insure that they are notified of can¬ 
cellation or postponements of hearings 
in which they are interested. 

MC 134286 (Sub-53F>, Illini Express. Inc., 
and MC 144364 <Sub-2F), Art Betz, now 
being assigned October 20, 1978 (1 day), at 
Des Moines, Iowa, in a hearing room to be 
later designated. 

MC 112520 (Sub-346), McKenzie Tank 
Lines. Inc., now being assigned October 30, 
1978 (1 day), at Birmingham, Ala., in a 
hearing room to be later designated. 

MC 120181 (Sub-8), Main Line Hauling Co.. 
Inc., now being assigned November 6, 1978 
(2 days), at Jefferson City, Mo., in a hear¬ 
ing room to be later designated. 

MC 93674 (Sub-3), Boyer Truck Line, Inc., 
now being assigned October 30, 1978 at 
Denver, Colo. (1 week), in a hearing room 
to be later designated. 

MC 124947 (Sub-98), Machinery Transports, 
Inc., now being assigned September 15. 
1978 (1 day), at San Francisco. Calif., is 
canceled; application dismissed. ^ 
MC-P-13554, Central Transport. Inc.—Pur¬ 
chased (Portion)—Eastern Express. Inc., 
and MC 118831 (Sub-16IF), Central Trans¬ 
port, Inc., now being assigned hearing on 
November 6. 1978, at the Offices of the In¬ 
terstate Commerce Commission. Washing¬ 
ton, D.C. 

MC 140033 (Sub-43F), Cox Refrigerated Ex¬ 
press, Inc., now assigned for hearing on 
November 28, 1978, at the Offices of the 
Interstate Commerce Commission. Wash¬ 
ington. D.C. 

MC 125433 (Sub-155F), F-B Truck Line Co., 
now being assigned for pre-hearing confer¬ 
ence on October 18, 1978, at the Office of 
the Interstate Commerce Commission, 
Washington, D.C. 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 











41454 


NOTICES 


MC 18121 (Sub-19). Advance Transportation 
Co., and MC 18121 (Sub-20). Advance 
Transportation Co., now assigned for 
hearing on September 18. 1978 (2 weeks), 
at Madison. Wis.. are canceled and reas¬ 
signed (or September 18. 1978 (2 weeks), 
at Madison. Wis.. current information con¬ 
ference room. Room 125. Forest Products 
Laboratory. Walnut Street and continued 
to September 20. 1978 (8 days), at Wauke¬ 
sha. Wis.. County Office Building. 

MC 143496 (Sub-1). United Coach Compa¬ 
nies of Tidewater. Inc., now being assigned 
for hearing on November 27, 1978 (1 
week), at Norfolk. Va.. in a hearing room 
to be later designated. 

MC 4405 (Sub-576F). Dealers Transit, Inc., 
MC 109397 (Sub-403F). Tri-State Motor 
Transit Co., now being assigned for hear¬ 
ing on October 23. 1978. at the Offices of 
Interstate Commerce Commission. Wash¬ 
ington. D.C. 

MC 116915 (Sub-47F), Eck Miller Transpor¬ 
tation Corp., now assigned October 30. 
1978. at Dallas, Tex., Is canceled and appli¬ 
cation dismissed. 

MC 109533 (Sub-104F). Ovemite Transpor¬ 
tation. now being assigned for hearing on 
November 13. 1978. at Cincinnati. Ohio, in 
a hearing room to be later designated. 

H. G. Homme, Jr., 
Acting Secretary. 
IFR Doc. 78-26190 Filed 9-15-78; 8:45 ami 


17035 - 01 ] 

FOURTH SECTION APPLICATIONS FOR RELIEF 

September 13.1978. 
These applications for long- and 
short-haul relief have been filed with 
the ICC. 

Protests are due at the ICC on or 
before October 3,1978. 

FSA 43601, Western Trunk Line Committee, 
agent's No. A-2755. rates on common salt, 
from Lakepoint. Sal lair Junction and 
Solar, Utah, to Cedar Rapids, Davenport, 
and Des Moines, Iowa, in supplement 227 
to its tariff 319-C, ICC A-4369. to become 
effective October 3, 1978. Grounds for 
relief—market competition. 

FSA 43602. Seatrain Gitmo. Inc,, No. 1. gen¬ 
eral commodities in containers, between 
rail terminals at U.S. Pacific coast ports 
and ports in Puerto Rico, in its U.S./PR 
joint container freight tariff PWC-1, ICC 
No. 2, to become effective September 29. 
1978. Grounds for relief—market competi¬ 
tion. 

FSA 43603. Southwestern Freight Bureau, 
agent's No. B-766. rates on paper and 
paper products, from Neenah, Wis., to 
Southwestern Territory, in supplement 79 
to its tariff 281-J, ICC 5231, to become ef¬ 
fective October 7. 1978. Grounds for 
relief—market competition. 

FSA 43604, Southwestern Freight Bureau, 
agent's No. B-762, rates on silica sand, 
from Serena, III., to Southwestern terri¬ 
tory, in supplement 3, tariff 162-Z, ICC 
5339. to become effective October 1, 1978. 
Grounds for relief—market competition. 
FSA 43605. Sea-Land Service, Inc., No. 101, 
rates on general commodities in contain¬ 
ers, between rail carrier’s terminals at 
Newport News and Portsmouth. Va.. and 
ports in the Far East, in its tariff No. 201- 
A. ICC No. 93. and various other tariff 


publications, to become effective Septem¬ 
ber 28. 1978. Grounds for relief—market 
competition. 

By the Commission. 

H. G. Homme, Jr., 
Acting Secretary. 
[FR Doc. 78-26187 Filed 9-15-78; 8:45 ami 


[ 7035 - 01 ] 

[Notice No. 167] 

MOTOR CARRIER TEMPORARY AUTHORITY 
APPLICATIONS 

September 6. 1978. 

The following are notices of filing of 
applications for temporary authority 
under section 210a(a) of the Interstate 
Commerce Act provided for under the 
provisions of 49 CFR 1131.3. These 
rules provide that an original and six 
(6) copies of protests to an application 
may be filed with the field official 
named in the Federal Register publi¬ 
cation no later than the 15th calendar 
day after the date the notice of the 
filing of the application is published in 
the Federal Register. One copy of the 
protest must be served on the appli¬ 
cant, or its authorized representative, 
if any, and the protestant must certify 
that such service has been made. The 
protest must identify the operating 
authority upon which it is predicated, 
specifying the "MC" docket and “Sub” 
number and quoting the particular 
portion of authority upon which it 
relies. Also, the protestant shall speci¬ 
fy the service it can and will provide 
and the amount and type of equip¬ 
ment it will make available for use in 
connection with the service contem¬ 
plated by the TA application. The 
weight accorded a protest shall be gov¬ 
erned by the completeness and perti¬ 
nence of the protestant’s information. 

Except as otherwise specifically 
noted, each applicant states that there 
will be no significant effect on the 
quality of the human environment re¬ 
sulting from approval of its applica¬ 
tion. 

A copy of the application is on file, 
and can be examined at the office of 
the Secretary, Interstate Commerce 
Commission, Washington, D.C., and 
also in the ICC Field Office to which 
protests are to be transmitted. 

Motor Carriers op Property 

MC 989 (Sub-31TA), filed July 13, 
1978. Applicant: IDEAL TRUCK 
LINES, INC., P.O. Box 330, Norton, 
KS 67654. Representative: Michael J. 
Ogbom, P.O. Box 82028, Lincoln, NE 
68501. Authority sought to operate as 
a common carrier , by motor vehicle, 
over regular routes, transporting: Gen¬ 
eral commodities (except those of un¬ 
usual value, classes A and B explo¬ 
sives, household goods as defined by 


the Commission, commodities in bulk, 
and commodities requiring special 
equipment), between Wichita, KS, and 
North Platte, NE, serving the interme¬ 
diate points of Beloit, Smith Center, 
Phillipsburg, Norton, and Oberlin, KS. 
and McCook and all intermediate 
points in NE located on U.S. Hwy 283 
and 1-80: (1) From Wichita, KS. over 
U.S. Hwy 81 to junction with U.S. Hwy 
24. then via U.S. Hwy 24 to junction 
with U.S. Hwy 281, then via U.S. Hwy 
281 to junction with U.S. Hwy 36, then 
via U.S. Hwy 36 to junction with U.S. 
Hwy 83, then via U.S. Hwy 83 to North 
Platte, NE. and return over the same 
route. (2) From Wichita, KS, over U.S. 
Hwy 81 to junction with U.S. Hwy 24, 
then via U.S. Hwy 24 to junction with 
U.S. Hwy 281, then via U.S. Hwy 281 
to junction with U.S. Hwy 36, then via 
U.S. Hwy 36 to junction with U.S. Hwy 
283. then via U.S. Hwy 283 to junction 
1-80, then via 1-80 to North Platte, 
NE, and return over the same route, 
for 180 days. Applicant has also filed 
an underlying ETA seeking up to 90 
days of operating authority. Support¬ 
ing shipper(s): There are approximate 
ly 36 statements of support attached 
to this application which may be ex¬ 
amined at the Interstate Commerce 
Commission in Wahington, D.C., or 
copies thereof which may be examined 
at the field office named below. Send 
protests to: Thomas P. O’Hara, Dis¬ 
trict Supervisor, Bureau of Oper¬ 
ations, Interstate Commerce Commis¬ 
sion, 256 Federal Building, and U.S. 
Courthouse, 444 Southeast, Quincy, 
Topeka. KS 66683. 

MC 2202 (S;ib-563TA), filed July 11, 
1978. Applicant: ROADWAY EX 
PRESS. INC., P.O. Box 471, 1077 
Gorge Boulevard, Akron. OH 44309. 
Representative: William O. Turney, 
Suite 1010, 7101 Wisconsin Avenue. 
Authority sought to operate as a 
common carrier , by motor vehicle, 
over regular routes, transporting: Gen¬ 
eral commodities (except those of un¬ 
usual value, class A and B explosives, 
household goods as defined by the 
Commission, commodities in bulk, and 
those requiring special equipment), 
serving the facilities of National 
Presto Industries located at or near 
Canton, MS as an off-route point in 
connection with applicant’s regular 
routes, for 180 days. Supporting ship¬ 
per. National Presto Industries. 3925 
North Hastings Way, Eau Claire. WI. 
Send protests to: Martin P. Monaghan, 
Jr., Special Agent, Interstate Com¬ 
merce Commission, Bureau of Oper¬ 
ations. 731 Federal Office Building, 
1240 East Ninth Street. Cleveland, OH 
44199. 

MC 50307 (Sub-96TA), filed July 13. 
1978. Applicant: INTERSTATE 

DRESS CARRIERS. INC., 247 West 
35th Street, New York, NY 10001. 


FEDERAL REGISTER. VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 










NOTICES 


41455 


Representative: Arthur Liberstein, 
P.O. Box 1409, 167 Fairfield Road, 
Fairfield, NJ 07006. Authority sought 
to operate as a covimon carrier, by 
motor vehicle, over irregular routes, 
transporting: Wearing apparel, and 
materials, supplies and equipment 
used in the manufacture of wearing 
apparel (except commodities in bulk), 
between Columbia, SC. Martinsburg, 
WV; Front Royal and Woodstock, VA; 
Carlise and York, PA, and New York, 
NY, for 180 days. The authority re¬ 
quested herein duplicated in part, ap¬ 
plicant's authority in docket No. MC 
50307 (Sub-71). Applicant will join this 
authority at New York, NY, and York 
and Carlisle, PA. Applicant has also 
filed an underlying ETA seeking up to 
90 days of operating authority. Sup¬ 
porting shipper: House of Perfection, 
Inc., and Perfection Garment Co., 
Martinsburg, WV 25401. Send protests 
to: Maria B. Kejss, Transportation As¬ 
sistant, Interstate Commerce Commis¬ 
sion, 26 Federal Plaza, New York, NY 
10007. 

MC 51146 (Sub-612), filed July 11. 
1978. Applicant: SCHNEIDER 

TRANSPORT, INC., P.O. Box 2298. 
Green Bay, WI 54306. Representative: 
John R. Patterson, 2480 East Commer¬ 
cial Boulevard, Fort Lauderdale, FL 
33308. Authority sought to operate as 
a common carrier, by motor vehicle, 
over irregular routes, transporting: 
Printed matter from the facilities of 
Volkmuth Printers at or near St. 
Cloud, MN to Jefferson City, MO and 
Pleasanton, CA, for 180 days. Appli¬ 
cant has also filed an underlying ETA 
seeking up to 90 days of operating au¬ 
thority. Supporting shipper: Volk¬ 
muth Printers, P.O. Box 1007, St. 
Cloud, MN 56301. (Jerry Tomczik). 
Send protests to: Gall Daugherty, 
Transportation Assistant, Interstate 
Commerce Commission, Bureau of Op¬ 
erations, U.S. Federal Building and 
Courthouse, 517 East Wisconsin 
Avenue, Room 619, Milwaukee, WI 
53202. 

MC 51146 (Sub-617TA), filed July 14, 
1978. Applicant: SCHNEIDER 

TRANSPORT, INC., 2661 South 
Broadway, Green Bay, WI 54306. Rep¬ 
resentative: John R. Patterson, 2480 
East Commercial Boulevard, Fort Lau¬ 
derdale, FL 33308. Authority sought to 
operate as a common carrier, by motor 
vehicle, over irregular routes, trans¬ 
porting: Meted containers and contain¬ 
er ends, from Milwaukee, WI, to Nor¬ 
folk, NE, for 180 days. Applicant has 
also filed an underlying ETA seeking 
up to 90 days of operating authority. 
Supporting Shipper(s): National Can 
Corp., 8101 West Higgins Road. Chica¬ 
go, IL 60631. (John R. Moosburgger). 
Send protests to: Gail Daugherty, 
Transportation Assistant, Interstate 
Commerce Commission, Bureau of Op¬ 


erations, U.S. Federal Building and 
Courthouse, 517 East Wisconsin 
Avenue, Room 619, Milwaukee, WI 
53202. 

MC 64932 (Sub-585TA), filed July 17. 
1978. Applicant: ROGERS CARTAGE 
CO., 10735 South Cicero Avenue, Oak 
Lawn, IL 60463. Representative: Wil¬ 
liam F. Farrell (same address as appli¬ 
cant). Authority sought to operate as 
a common carrier, by motor vehicle, 
over irregular routes, transporting: 
Liquid fertilizer, (in bulk, in tank vehi¬ 
cles), from the facilities of Texas Sul¬ 
phur Products Co., Inc., at or near 
Ottawa, IL, to all points in IL, IN, IA, 
MO, MN, WI, OH, PA. MI, KY, NE. 
SD, and ND, for 180 days. Supporting 
shipper(s): Texas sulphur Products 
Co.. Inc., Edward A. Krysl, General 
Sales Manager, Suite 209 Plaza Inn, 
116 West Sixth Street, Borger, TX 
79007. Send protests to: Lois M. Stahl 
Transportation Assistant, Interstate 
Commerce Commission, 219 South 
Dearborn Street, Room 1386, Chicago, 
IL 60604. 

MC 95876 (Sub-246TA), filed July 14, 
1978. Applicant: ANDERSON 

TRUCKING SERVICE. ENC.. P.O. 
Box 1377, 203 Cooper Avenue North, 
St. Cloud, MN 56301. Representative: 
Robert D. Gisvold, 1000 First National 
Bank Building, Minneapolis, MN 
55402. Authority sought to operate as 
a common carrier, by motor vehicle, 
over irregular routes, transporting: 
Grain handling, storage and drying 
equipment, and iron and steel articles, 
from Assumption, IL, to points in the 
United States in and east of MN, IL, 
KY, TN, MS. ND, and KS, for 180 
days. Applicant has also filed an un¬ 
derlying ETA seeking up to 90 days of 
operating authority. Supporting 
shipper(s): Grain Systems, Inc., As¬ 
sumption, IL 62510. Send protests to: 
Delores A. Poe, Transportation Assist¬ 
ant, Interstate Commerce Commis¬ 
sion, Bureau of Operations. 4145 Fed¬ 
eral Building and U.S. Court House. 
110 South Fourth Street, Minneapolis, 
MN 55401. 

MC 112822 (Sub-458TA), filed July 
17. 1978. Applicant: BRAY LINES 
INC., 1401 North Little Street. P.O. 
Box 1191, Cushing, OK 74023. Repre¬ 
sentative: Charles D. Midkiff, 1401 
North Little Street, P.O. Box 1191, 
Cushing, OK 74023. Authority sought 
to operate as a common carrier, by 
motor vehicle, over irregular routes, 
transporting: Frozen vegetables and 
frozen potato products, from the facili¬ 
ties of Wiscold, Inc., located at or near 
Beaver Dam and Milwaukee. WI, to 
points in IL, IN, IA, KS. MI. MN. MO. 
OH, OK, and PA, for 180 days. Appli¬ 
cant has also filed an underlying ETA 
seeking up to 90 days of operating au¬ 
thority. Supporting shippers): (1) In¬ 
ternational Co-op, P.O. Box 1378, 


Grand Forks, ND 58201. (2) Wiscold, 
Inc., 11400 West Burleign Street. P.O. 
Box 26336. American Potato Co., Bank 
of America Center, 555 California 
Street, San Francisco. CA 94014. Send 
protests to: Connie Stanley, Transpor¬ 
tation Assistant, Room 240, Old Post 
Office and Court House Building, 215 
Northwest Third, Oklahoma City, OK 
73102. 

MC 118989 (Sub-199TA), filed July 
14. 1978. Applicant: CONTAINER 

TRANSIT. INC., 5223 South 9th 
Street, Milwaukee, WI 53221. Repre¬ 
sentative: Rolland K. Draves (same ad¬ 
dress as applicant). Authority sought 
to operate as a common carrier, 
motor vehicle, over irregular routes, 
transporting: Metal containers and 
metal can ends, from Milwaukee, WI, 
Commercial Zone to Norfolk, NE, for 
180 days. Applicant has also filed an 
underlying ETA seeking up to 90 days 
of operating authority. Supporting 
shipper(s): National Can Corp., 8101 
West Higgins Road, Chicago, IL 60631. 
Send protests to: Gail Daugherty, 
Transportation Assistant, Interstate 
Commerce Commission, Bureau of Op¬ 
erations, U.S. Federal Building and 
Courthouse, 517 East Wisconsin 
Avenue, Room 619, Milwaukee, WI 
53202. 

MC 120427 (Sub-18TA), filed July 14, 
1978. Applicant: WILLIAMS TRANS¬ 
FER. INC., P.O. Box 488, 2128 East 
Highway 30. Grand Island, NE 68801. 
Representative: John K. Walker (same 
address as applicant). Authority 
sought to operate as a common carri¬ 
er, by motor vehicle, over irregular 
routes, transporting: Grain storage, 
drying and handling equipment, iron 
and steel articles, items used in the 
manufacture of grain storage, drying 
and handling equipment. (1) From 
Grand Island. NE, to points in CA, ID, 
MA. ND, OK, OR. TX. and WA; and 
(2) From Crawfordsville, IN, to points 
in WI, PA, and LA, for 180 days. Appli¬ 
cant has also filed an underlying ETA 
seeking up to 90 days of operating au¬ 
thority. Supporting shipper(s): W. E. 
Van Wyhe, Manager Central Division, 
1811 West 2nd Street, Webster City, 
IA 50595. Send protests to: Max H. 
Johnson, District Supervisor, 284 Fed¬ 
eral Building and Court House, 100 
Centennial Mall North, Lincoln, NE 
68508. 

MC 123392 (Sub-78TA), filed July 14 r 
1978. Applicant: JACK B. KELLEY. 
INC., Route 1, Box 400, U.S. 66 West 
at Kelley Drive, Amarillo, TX 79106. 
Representative: Austin L. Hatchell, 
Suite 1022, Perry Brooks Building, 
Austin, TX 78701. Authority sought to 
operate as a common carrier, by motor 
vehicle, over irregular routes, trans¬ 
porting: Bromine (in bulk, in tank ve¬ 
hicles), from the facilities of Dow 
Chemical, U.S.A., in Columbia County, 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 




41456 


NOTICES 


AR, to points in the United States, on 
and east of U.S. Hwy 85. for 180 days. 
Applicants has also filed an underly¬ 
ing ETA seeking up to 90 days of oper¬ 
ating authority. Supporting 
shipper(s): Dow Chemical U.S.A.. 
14955 Sprague Road. Strongsville, OH 
44130. Send protests to: Haskell E. 
Ballard, District Supervisor, Interstate 
Commerce Commission, Bureau of Op¬ 
erations, Box F-13206 Federal Build¬ 
ing, Amarillo, TX 79101. 

MC 123392 (Sub-78TA), filed July 14, 
1978. Applicant: SAMMONS TRUCK¬ 
ING. P.O. Box 4347, Missoula, MT 
59806. Representative: Donald W. 
Smith, Suite 945. 9000 Keystone 

Crossing, Indianapolis, IN 46240. Au¬ 
thority sought to operate as a common 
carrier , by motor vehicle, over irregu¬ 
lar routes, transporting: Barium sul¬ 
phate, from Battle Mountain, NV, and 
Salt Lake City, UT. to Orland, Lodi, 
and Bakersfield. CA; (2) Ferro chrome 
lignosulfonate, from Rothschild, WI, 
to Lodi. Bakersfield. CA. and Laredo, 
TX; and (3) causticized lignite and 
regular lignite , from Williston, ND, to 
Lodi and Bakersfield. CA, for 180 days. 
Supporting shipper(s): Owen T. Mul- 
holland, President. Polychem Interna¬ 
tional. Inc.. P.O. Box 554, Bakersfield, 
CA 93302. Send protests to: Paul J. 
Labane, District Supervisor, Interstate 
Commerce Commission, 2602 1st 
Avenue North, Billings, MT 59101. 

MC 134183 (Sub-9TA), filed July 14, 
1978. Applicant: CHARLES ZUM- 
STEIN. d.b.a. C. E. ZUMSTEIN CO., 
P.O. Box 27, Lewisburg, OH 45338. 
Representative: E. Stephen Heisley, 
805 McLachlen Bank Building, 666 
11th Street NW., Washington. DC 
20001. Authority sought to operate as 
a contract carrier, by motor vehicle, 
over irregular routes, transporting: 
Gloves and materials, equipment, and 
supplies used in the manufacture, pro¬ 
duction, sales and distribution thereof, 
between Eaton, OH, on the one hand, 
and, on the other, points in the United 
States (except AK and HI), under a 
continuing contract, or contracts, with 
Dayton Flexible Products, for 180 
days. Supporting shipper. Dayton 
Flexible Products. Charles R. Bryant, 
Traffic Manager, P.O. Box 59, Route 
35 West, Eaton. OH 45320. Send pro¬ 
tests to: Paul J. Lowry, District Super¬ 
visor, Bureau of Operations, Interstate 
Commerce Commission, 5514-B Feder¬ 
al Building, 550 Main Street, Cincin¬ 
nati, OH 45320. 

MC 135170 (Sub-27TA), filed July 13, 
1978. Applicant: TRI-STATE ASSO¬ 
CIATES. INC., P.O. Box 188, Federals- 
burg, MD 21632. Representative: 
James C. Hardman, 33 LaSalle Street, 
Chicago, IL 60602. Authority sought 
to operate as a contract carrier, by 
motor vehicle, over irregular routes, 
transporting: Metal containers, from 


the facilities of National Can Corp., at 
Piscataway, NJ, to the facilities of 
Pabst Brewing Co. at or near Perry, 
GA, under a continuing contract, or 
contracts, with National Can Corp., 
for 180 days. Applicant has also filed 
an underlying ETA seeking up to 90 
days of operating authority. Support¬ 
ing shipper Joseph L. Rich, Traffic 
Manager—Atlantic Region, National 
Can Corp., 8101 West Higgins Road, 
Chicago. IL 60631. Send protests to: 
William L. Hughes, District Supervi¬ 
sor, Interstate Commerce Commission, 
814-B Federal Building, Baltimore. 
MD 21201. 

MC 136343 (Sub-143TA), filed July 
13, 1978. Applicant: MILTON TRANS¬ 
PORTATION, INC., P.O. Box 335, 
R.F.D. 1. Milton. PA 17847. Represent¬ 
ative: George A. Olsen, P.O. Box 357, 
Gladstone, NJ 07034. Authority 
sought to operate as a common carri¬ 
er, by motor vehicle, over irregular 
routes, transporting: (1) Paper bags, 
from Toledo, OH, to points in CT, MA, 
NJ. NY, PA. VT, VA, DE. RI, WV. MD. 
NH, and ME: and (2) Paper bags, plas¬ 
tic bags, burlap bags, burlap bagging 
and wrapping paper, from Newport 
News, VA. to points in CT, DE, IL, IN. 
KY, ME. MD. MA, NH. NJ. NY. OH, 
PA, RI. TX, VT, and MO, for 180 days. 
Supporting shipper. Chase Bag Co., 
814 Commerce Drive, Oak Brook, IL 
60521. Send protests to: Charles F. 
Myers, District Supervisor. Interstate 
Commerce Commission, P.O. Box 869, 
Federal Square Station, 228 Walnut 
Street, Harrisburg, PA 17108. 

MC 139495 (Sub-366TA), filed July 
17, 1978. Applicant: NATIONAL CAR¬ 
RIERS. INC., P.O. Box 1358, 1501 East 
8th Street, Liberal. KS 67901. Repre¬ 
sentative: Herbert Alan Dubin, Sulli¬ 
van & Dubin, 1320 Fenwick Lane, 
Silver Spring, MD 20910. Authority 
sought to operate as a common carri¬ 
er, by motor vehicle, over irregular 
routes, transporting: Such merchan¬ 
dise as is dealt in by wholesale, retail, 
chain, discount and variety stores 
from the facilities of Vendors Consoli¬ 
dators located at or near North 
Bergen, NJ to the facilities of the 
Oklahoma Shippers' Association, Inc., 
at Oklahoma City, OK. Restricted to 
shipments moving on bills of lading of 
the Oklahoma Shippers' Association, 
Inc., for 180 days. Applicant has also 
filed an underlying ETTA seeking up to 
90 days of operating authority. Sup¬ 
porting shipper: Oklahoma Shippers' 
Association, Inc., 100 Southeast Third 
Street, Oklahoma City, OK 73125. 
Send protests to: M. E. Taylor, District 
Supervisor, Interstate Commerce Com¬ 
mission, 101 Li twin Building, Wichita, 
KS 67202. 

MC 141538 (Sub-2TA), filed July 14, 
1978. Applicant: GEORGE BROS., 
INC., P.O. Box 492, Sutton, NE 68797. 


Representative: Arlyn L. Westergren, 
Suite 610, 7171 Mercy Road, Omaha. 
NE 68106. Authority sought to operate 
as a contract carrier, by motor vehicle, 
over irregular routes, transporting: 
Iron and steel articles, from Chicago 
and Hennepin, IL, and their commer¬ 
cial zones to the facilities of York 
Manufacturing Co., at or near Hender¬ 
son. NE. under a continuing contract, 
or contracts, with York Manufactur¬ 
ing Co., for 180 days. Applicant has 
also filed an underlying ETA seeking 
up to 90 days of operating authority. 
Supporting shipper: J. W. Witcofski. 
Purchasing Agent, York Manufactur¬ 
ing Co.. P.O. Box 188, Henderson, NE 
68371. Send protests to: Max H. John¬ 
ston, District Supervisor, 285 Federal 
Building and Courthouse, 100 Centen¬ 
nial Mall North, Lincoln, NE 68508. 

MC 142254 (Sub-3TA), file d July 14. 
1978. Applicant: FRIEDL FUEL & 
CARTAGE. INC., 417 West 
Whitewater Street. Whitewater, WI 
53190. Representative: Wayne W. 
Wilson, 150 East Gilman Street, Madi¬ 
son. WI 53703. Authority sought to op¬ 
erate as a common carrier, by motor 
vehicle, over irregular routes, trans¬ 
porting: Fiberglass reinforced concrete 
panels and accessories used in the in¬ 
stallation and erection of such panels, 
from Whitewater, WI. to points in IL, 
IN, and IA, for 180 days. Applicant has 
also filed an underlying ETA seeking 
up to 90 days of operating authority. 
Supporting shipper. Midwest Fiber- 
Concrete Ltd., 814 East Commercial 
Street, Whitewater, WI 53190. Send 
protests to: Gail Daugherty, Transpor¬ 
tation Assistant, Interstate Commerce 
Commission, Bureau of Operations, 
U.S. Federal Building and Courthouse, 
517 East Wisconsin Avenue, Room 619, 
Milwaukee, WI 53202. 

MC 142416 (Sub-2TA), filed July 11. 
1978. Applicant: HAMILTON TRANS¬ 
FER STORAGE FEEDS. INC., 
Highway 26 West, Torrington, WY 
82240. Representative: John H. Lewis, 
The 1650 Grant Street Building, 
Denver, CO 80203. Authority sought 
to operate as a common carrier, by 
motor vehicle, over regular routes, 
transporting: General commodities 
(except those of unusual value, classes 
A & B explosives, household goods as 
defined by the Commission, commod¬ 
ities in bulk, and those requiring spe¬ 
cial equipment) between Torrington. 
WY and Scottsbluff, NE via U.S. Hwy 
26, serving all intermediate points in 
WY, for 180 days. Request waiver of 
restrictions against tacking and inter¬ 
line. Supporting shippers): There are 
approximately 13 statements of sup¬ 
port attached to the application which 
may be examined at the Interstate 
Commerce Commission in Washing¬ 
ton, D.C., or copies thereof which may 
be examined at the field office named 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 





NOTICES 


41457 


below. Send protests to: Paul A. 
Naughton, District Supervisor, Inter¬ 
state Commerce Commission. Room 
105, Federal Building and Courthouse, 
111 South Wolcott, Casper. WY 82601. 

MC 142516 (Sub-14TA), filed July 17, 
1978. Applicant: ACE TRUCKING 
CO., INC. 1 Hackensack Avenue, 
Kearny, NJ 07032. Representative: 
George A. Olsen, P.O. Box 357. Glad¬ 
stone. NJ 07934. Authority sought to 
operate as a contract carrier, by motor 
vehicle, over irregular routes, trans¬ 
porting: Plastic film on rolls, plastic 
bags, polyethene and materials and 
equipment and supplies used in the 
manufacture and sale of plastic film 
on rolls, plastic bags, and polyethene 
(except commodities in bulk), from 
Jersey City, Kearny, Elizabeth, NJ, to 
points in NC. SC. GA, TN. WV. VA. IL, 
IN, MO, MN, OH, OK, and NY, under 
a continuing contract, or contracts, 
with Armin Corp., Jersey City, NJ. for 
180 days. Applicant has also filed an 
underlying ETA seeking up to 90 days 
of operating authority. Supporting 
shipper(s): Armin Corp., 301 West Side 
Avenue, Jersey City, NJ 07305. Send 
protests to: Robert E. Johnston, Dis¬ 
trict Supervisor, Interstate Commerce 
Commission, 9 Clinton Street, Newark, 
NJ 07102. 

MC 143031 (Sub-6TA), filed July 17. 
1978. Applicant: LLOYD PAUL 
MURPHY, JAMES EDWARD 
MURPHY, TIMOTHY PAUL 
MURPHY & ERNEST STEWARD 
MURPHY. d.b.a. MURPHY & SONS, 
Route 2, Box 139, Spring City, TN 
37381. Representative: H. Stan Guth¬ 
rie Suite 100, MacLellan Building, 
Chattanooga, TN 37402. Authority 
sought to operate as a contract carri¬ 
er, by motor vehicle, over irregular 
routes, transporting: Synthetic fiber 
yam, 15 lbs or more density per cubic 
foot, from the facilities of Chevron 
Chemical Co. at or near Dayton, TN, 
to points in CA, GA, NJ, and PA, 
under a continuing contract, or con¬ 
tracts, with Chevron Chemical Co., for 
180 days. Applicant has also filed an 
underlying ETA seeking up to 90 days 
of operating authority. Supporting 
shipperis): Chevron Chemical Co.. 
Route 4, Box 113, Piedmont, SC 29673. 
Send protests to: Glenda Kuss, Trans¬ 
portation Assistant, Bureau of Oper¬ 
ations, Interstate Commerce Commis¬ 
sion, Suite A-422, U.S. Court House, 
801 Broadway, Nashville, TN 37203. 

MC 143853 (Sub-4TA), filed July 14. 
1978. Applicant: SME EXPRESS, 
INC., P.O. Box 571. Upland. IN 46989. 
Representative: Thomas F. Kilroy, 
Suite 406, Executive Building, 6901 
Old Keene Mill Road, Springfield, VA 
22150. Authority sought to operate as 
a contract carrier, by motor vehicle, 
over irregular routes, transporting: 
Printed matter, (1) from Corinth, MS, 


and Dresden, TN. to Newark, DE and 
West Nyack, NY; and (2) from Dres¬ 
den, TN, to Westminster and Rock¬ 
ville. MD, under a continuing contract, 
or contracts, with W. F. Hall Printing 
Co., for 180 days. Supporting 
shipper(s): W. F. Hall Printing Co., 
4600 Diversey Avenue. Chicago, IL 
60639. Send protests to: J. H. Gray 
District Supervisor, Bureau of Oper¬ 
ations. Interstate Commerce Commis¬ 
sion, 343 West Wayne Street, Suite 
113, Fort Wayne. IN 46802. 

MC 143917 (Sub-4TA), filed July 13, 
1978. Applicant: SAM YOUNG, INC., 
P.O. Box 76, R.R. No. 1, Wolcott, IN 
47995. Representative: Donald W. 
Smith, P.O. Box 40695, Indianapolis, 
IN 46240. Authority sought to operate 
as a contract carrier, by motor vehicle, 
over irregular routes, transporting: (1) 
Foodstuffs, from the facilities of Grif¬ 
fith Laboratories USA, Inc., at Union 
City and Los Angeles, CA; Remington, 
IN; Alsip and Chicago, IL; Lithonia, 
GA; Union, NJ, and Maryville, TN, to 
points in the United States (including 
AK and HI); and (2) Materials and 
supplies used in the manufacture of 
foodstuffs, from points in the United 
States (excluding AK and HI), to fa¬ 
cilities of Griffith Laboratories USA, 
Inc., at Union City and Los Angeles, 
CA, Remington, IN; Alsip and Chica¬ 
go, IL: Lithonia, GA; Union, NJ, and 
Maryville, TN, restricted to traffic 
originating at and destined to the 
named origins and named destinations 
in parts 1 and 2 above, under a con¬ 
tinuing contract, or contracts, with 
Griffith Laboratories USA, Inc., for 
180 days. Applicant has also filed an 
underlying ETA seeking up to 90 days 
of operating authority. Supporting 
shipperis): Griffith Laborities USA, 
Inc., 12200 South Central Avenue, 
Alsip, IL 60658. Send protests to: J. H. 
Gray District Supervisor, Bureau of 
Operations, Interstate Commerce 
Commission, 343 West Wayne Street, 
Suite 113, Fort Wayne, IN 46802. 

MC 145025, filed July 11. 1978. Ap¬ 
plicant: CONSIGNORS INC., P.O. 
Box 42, Centerville, OH 45459. Repre¬ 
sentative: Thomas F. Kilroy, Suite 406 
Executive Building, 6901 Old Keene 
Mill Road, Springfield, VA 22150. Au¬ 
thority sought to operate as a contract 
carrier , by motor vehicle, over irregu¬ 
lar routes, transporting: Retail store 
merchandise, between the facilities of 
Top Value Enterprises, Inc., in 
Dayton, OH. on the one hand, and, on 
the other, all points in AL, GA, LA, 
FL, and MS. for 180 days; under a con¬ 
tinuing contract or contracts with Top 
Value Enterprises, Inc. Supporting 
shipperis): Top Value Enterprises, 
Inc., William A. Becher, Director of 
Transportation, 3085 Woodman Drive, 
Dayton, OH 45420. Send protests to: 
Paul J. Lowry, District Supervisor, 


Bureau of Operations, Interstate Com¬ 
merce Commission, 5514-B Federal 
Building, 550 Main Street, Cincinnati, 
OH 45202. 

MC 145031 (Sub-ITA), filed July 13, 
1978. Applicant: DANNY COCKER¬ 
ELL, d.b.a., D & M TRUCKING. P.O. 
Box 341, Clay City, IL 61824. Repre¬ 
sentative: Thomas F. Kilroy. 6901 Old 
Keene Mill Road, Suite 406 Executive 
Building, Springfield, VA 22150. 

Authority sought to operate as a 
contract carrier, by motor vehicle, 
over irregular routes, transporting: 
Plastic articles. No. I, expanded, 
having a density of 2 to 4 pounds; 4 to 
6 pounds, 6 to 12 pounds; and 12 
pounds or over per cubic foot. Liquid 
sound deadner material. No. I having 
a density of 15 pounds or greater per 
cubic foot. Miscellaneous machinery, 
printed materials, such as advertising 
matter, from Troy MI, and Chicago, 
IL, to all points in the United States, 
(exempt AK and HI), under a continu¬ 
ing contract, or contracts, with H. L. 
Blachford, Inc., for 180 days. Support¬ 
ing shipperis): Philip J. Hage, Pur¬ 
chasing Agent, H. L. Blachford, Inc., 
1855 Stephenson Hwy. Troy, MI 48084. 
Send protests to: Charles D. Little, 
District Supervisor. Interstate Com¬ 
merce Commission, 414 Leland Office 
Building, 527 East Capitol Avenue, 
Springfield. IL 62701. 

MC 145067 (Sub-ITA) filed July 18. 
1978. Applicant: LAWRENCE E. 
SPAIDE, INC., P.O. Box 111, Avoca. 
PA 18641. Representative: Joseph F. 
Hoary, 121 South Main Street, Taylor, 
PA 18517. 

Authority sought to operate as a 
common carrier, by motor vehicle, 
over irregular routes, transporting: 
Propane (in bulk, in tank vehicles), 
from Marcus Hook and Philadelphia, 
PA, to Harford Mills, NY, for 150 days. 
Applicant has also filed an underlying 
ETA seeking up to 90 days of operat¬ 
ing authority. Supporting shipperis): 
Warren Petroleum Co., 4 Corporate 
Park Drive. Suite 311, White Plains. 
NY 10604. Send protests to: Paul J. 
Kenworthy, District Supervisor, Inter¬ 
state Commerce Commission, Bureau 
of Operations. 314 U.S. Post Office 
Building, Scranton, PA 18503. 

MC 145158TA, filed July 11, 1978. 
Applicant: REX TRANSPORT, 598 
Hermes Avenue, Encinitas, CA 92024. 
Representative: Rex L. Austin, 598 
Hermes Avenue, Encinitas, CA 92024. 
Authority sought to operate as a 
common carrier, by motor vehicle, 
over irregular routes, transporting: 
Mobile homes, between points in CA, 
AZ and NE, for 180 days. Supporting 
shipperis): (1) Silvercrest Industries, 
14380 Carmenita Road, Norwalk, CA 
90650. (2) Hallmark Southwest-Corp., 
25525 Redlands Boulevard, Loma 
Linda, CA 92354. (3) Barrington 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 






41458 


NOTICES 


Homes. Inc., 6001 20th Street. River¬ 
side. CA 92519. (4) Golden West 
Homes. 130 North Magnolia, Puller- 
ton, CA 92633. Send protests to: Irene 
Carlos Transportation Assistant. In¬ 
terstate Commerce Commission. Room 
1321 Federal Building. 300 North Los 
Angeles Street, Los Angeles, CA 90012. 

MC 145214TA, filed July 18. 1978. 
Applicant: DONALD M. CAMPBELL, 
d.b.a., CAMPBELL TRUCKING CO.. 
3017 Falls Church Lane, Mesquite, TX 
75149. Representative: Harry F. 
Horak, 5001 Brentwood Stain Road, 
Room 109, Fort Worth, TX 76112. Au¬ 
thority sought to operate as a contract 
carrier , by motor vehicle, over irregu¬ 
lar routes, transporting: Soil inoculant 
(except in bulk, in tank vehicles), from 
Dallas, TX. to all points in the United 
States, (except AK and HI), under a 
continuing contract, or contracts, with 
SnCorp., Inc., for 180 days. Supporting 
shipper(s): SnCorp., Inc., 7616 L.B.J. 
Freeway, Dallas, Tex. 75251. Send pro¬ 
tests to: Opal M. Jones. Transporta¬ 
tion Assistant, Interstate Commerce 
Commission, 1100 Commerce Street, 
Room 13C12, Dallas. TX 75242. 

By the Commission. 

H. G. Homme, Jr., 
Acting Secretary. 

[PR Doc. 78-26188 Filed 9-15-78; 8:45 am] 


[ 7035 - 01 ] 

[Notice No. 168] 

MOTOR CARRIER TEMPORARY AUTHORITY 
APPLICATIONS 

September 6, 1978. 

The following are notices of filing of 
applications for temporary authority 
under section 210a(a) of the Interstate 
Commerce Act provided for under the 
provisions of 49 CFR 1131.3. These 
rules provide that an original and six 
(6) copies of protests to an application 
may be filed with the field official 
named in the Federal Register publi¬ 
cation no later than the 15th calendar 
day after the date the notice of the 
filing of the application is published in 
the Federal Register. One copy of the 
protest must be served on the appli¬ 
cant, or its authorized representative, 
if any. and the protestant must certify 
that such service has been made. The 
protest must identify the operating 
authority upon which it is predicated, 
specifying the “MC" docket and “Sub” 
number and quoting the particular 
portion of authority upon which it 
relies. Also, the protestant shall speci¬ 
fy the service It can and will provide 
and the amount and type of equip¬ 
ment it will make available for use in 
connection with the service contem¬ 
plated by the TA application. The 
weight accorded a protest shall be gov¬ 


erned by the completeness and perti¬ 
nence of the protestant's information. 

Except as otherwise specifically 
noted, each applicant states that there 
will be no significant effect on the 
quality of the human environment re¬ 
sulting from approval of its applica¬ 
tion. 

A copy of the application is on file, 
and can be examined at the Office of 
the Secretary, Interstate Commerce 
Commission, Washington, D.C., and 
also in the ICC field office to which 
protests are to be transmitted. 

Motor Carriers of Property 

MC 323 (Sub-4TA), filed July 17, 
1978. Applicant: KARL SEIDEN, d.b.a. 
ROSE TRANSPORTATION CO., 608 
New Street, Atlantic City, NJ 08401. 
Representative: Louis Seiden, 608 New 
Street, Atlantic City, NJ 08401. Au¬ 
thority sought to operate as a common 
carrier ; by motor vehicle, over irregu¬ 
lar routes, transporting: General com¬ 
modities (except those of unusual 
value and except high explosives, com¬ 
modities in bulk, commodities requir¬ 
ing special equipment, and those injur¬ 
ious or contaminating to other lading), 
between Philadelphia, PA, and Vine- 
land, NJ, for 180 days. Applicant has 
also filed an underlying ETA seeking 
up to 90 days of operating authority. 
Supporting shipper(s): Spencer Gifts, 
Inc., 1050 Black Horse Pike, Atlantic 
City, NJ 08411. Send protests to: John 
P. Lynn, Transportation Specialist, In¬ 
terstate Commerce Commission, 428 
East State Street, Room 204, Trenton, 
NJ 08608. 

MC 14215 (Sub-15TA), filed July 14, 
1978. Applicant: SMITH TRUCK 
SERVICE, INC., P.O. Box 1329, Steu¬ 
benville, OH 43952. Representative: 
John L. Alden, Stiverson and Alden, 
1396 West Fifth Avenue. Columbus, 
OH 43212. Authority sought to oper¬ 
ate as a common carrier , by motor ve¬ 
hicle, over irregular routes, transport¬ 
ing: Iron and iron and steel articles , 
from the facilities of Wheeling-Pitts- 
burgh Steel Corp., at Allenport, PA, to 
points in the lower peninsula of MI, 
for 180 days. Applicants has also filed 
an underlying ETA seeking up to 90 
days of operating authority. Support¬ 
ing shipper(s): Wheeling-Pittsburgh 
Steel Corp., P.O. Box 118, Pittsburgh, 
PA 15230. Send protests to: J. A. Nig- 
gemyer. District Supervisor, Interstate 
Commerce Commission, 416 Old Post 
Office Building, Wheeling, WV 26003. 

MC 55896 (Sub-86TA), filed July 11, 
1978. Applicant: R-W SERVICE 
SYSTEM, INC., 20225 Goddard Road, 
Taylor, MI 48180. Representative: 
George E. Batty, 20225 Goddard Road, 
Taylor, MI 48180. Authority sought to 
operate as a common carrier, by motor 
vehicle, over irregular routes, trans¬ 
porting: Silica , from Tuscola, IL, to 


Adrian, MI, for 180 day. Applicant has 
also filed an underlying ETA seeking 
up to 90 days of operating authority. 
Supporting shippers): Cabot Corp., 
125 High Street. Boston, MA 02110. 
Send protests to: Timothy S. Quinn. 
District Supervisor, Interstate Com¬ 
merce Commission, 604 Federal Build¬ 
ing and U.S. Courthouse, 231 West La¬ 
fayette Boulevard, Detroit, MI 48226. 

MC 59640 (Sub-66TA), filed July 13, 
1978. Applicant: PAULS TRUCKING 
CORP., 3 Commerce Drive, Cranford, 
NJ 07016. Representative: Charles J. 
Williams, 1815 Front Street, Scotch 
Plains. NJ 07076. Authority sought to 
operate as a contract carrier , by motor 
vehicle, over irregular routes, trans¬ 
porting: Such merchandise as is dealt 
in by home improvement centers and 
department stores, and equipment, 
materials , and supplies used in the 
conduct of such businesses for the ac¬ 
count of Ames Department Stores, 
Inc., between Jersey City, NJ; Canton, 
OH; Worcester, MA, and Rochester, 
NY. on the one hand, and on the 
other, points in DE, ME, MD, MA, NH, 
NJ, NY. NC. PA, VT, VA, and OH, 
under a continuing contract, or con¬ 
tracts, with Ames Department Stores, 
Inc., for 180 days. Supporting 
shippers): Ames Department Stores, 
Inc., 2418 Maine Street. Rocky Hill, 
CT 06067. Send protests to: Robert E. 
Johnston, District Supervisor, Inter¬ 
state Commerce Commission, 9 Clin¬ 
ton Street, Newark, NJ 07102. 

MC 70083 (Sub-30TA), filed July 17, 
1978. Applicant: DRAKE MOTOR 
LINES. INC., 20 Olney Avenue, 
Cherry Hill NJ 08002. Representative: 
Richard Rueda, 20 Olney Avenue. 
Cherry Hill. NJ 08002. Authority 
sought to operate as a common carri¬ 
er, by motor vehicle, over irregular 
routes, transporting: Ladies apparel 
wear and store supplies (except in 
bulk), from the facilities of Petrie 
Stores Corp., at Secaucus, NJ. to the 
facilities of or utilized by Petrie Stores 
Corp.. at or near Dallas, TX, and Chi¬ 
cago, IL, and their respective commer¬ 
cial zones, for 180 days. Applicant has 
also filed an underlying ETA seeking 
up to 90 days of operating authority. 
Supporting shipper(s): Petrie Stores 
Corp.. 70 Enterprise Avenue. Secaucus, 
NJ 07094. Send protests to: John P. 
Lynn, Transportation Specialist, Inter¬ 
state Commerce Commission, 428 East 
State Street, Room 204, Trenton, NJ 
08608. 

MC 95876 (Sub-245TA), filed July 11, 
1978. Applicant: ANDERSON 

TRUCKING SERVICE, INC., 203 
Cooper Avenue North. P.O. Box 1377, 
St. Cloud, MN 56301. Representative: 
Robert D. Gisvold, 1000 First National 
Bank Building, Minneapolis, MN 
55402. Authority sought to operate as 
a common carrier, by motor vehicle. 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 






over irregular routes, transporting: 
Pipe, pipe fittings, couplings, connec¬ 
tions, and accessories (except iron or 
steel articles and commodities which 
because of size or weight require the 
use of special equipment), from the fa¬ 
cilities of ARMCO Steel Corp., Metal 
Products Division, at or near Spring- 
field, IL, to points in MN, restricted to 
traffic originating at the above-named 
facility and destined to the named 
State, and further restricted against 
the transportation of oilfield commod¬ 
ities as defined in Mercer—Oil—Field 
Commodities, 74 M.C.C. 459. Applicant 
has also filed an underlying ETA seek¬ 
ing up to 90 days of operating authori¬ 
ty, for 180 days. Supporting 
shipper(s): ARMCO Steel Corp.. 
Middletown. OH 45043. Send protests 
to: Delores A. Poe, Transportation As¬ 
sistant, Interstate Commerce Commis¬ 
sion, Bureau of Operations, 414 Feder¬ 
al Building and U.S. Post Office, 110 
South Fourth Street, Minneapolis, 
MN 55401. 

MC 105280 (Sub-4TA). filed July 18, 
1978. Applicant: CHANDLER TRANS¬ 
PORT SERVICE, INC., P.O. Box 309, 
Fleming, CO 80728. Representative: 
Richard P. Kissinger, Steel Park, Suite 
330, 50 South Steele Street, Denver, 
CO 80209. Authority sought to operate 
as a common carrier, by motor vehicle, 
over irregular routes, transporting: Re¬ 
fined petroleum products, in packages 
or containers (except commodities in 
bulk, in tank vehicles), from the 
Kansas City, KS-MO commercial 
zones to points in CO, for 180 days. 
Applicant has also filed an underlying 
ETA seeking up to 90 days of operat¬ 
ing authority. Supporting shipper(s): 
Chevron U.S.A., Inc., 575 Market 
Street, Room 2510, San Francisco, CA 
94120. Send protests to: Rober L. Bu¬ 
chanan, District Supervisor. Interstate 
Commerce Commission. 492 U.S. Cus¬ 
toms House, 721 19th Street, Denver. 
CO 80202. 

MC 114457 (Sub-416TA), filed July 
14, 1978. Applicant: DART TRANSIT 
CO., 2102 University Avenue, St. Paul, 
MN 55114. Representative: James H. 
Wills, 2102 University Avenue, St. 
Paul, MN 55114. Authority sought to 
operate as a common carrier, by motor 
vehicle, over irregular routes, trans¬ 
porting: Foodstuffs, in packages, from 
the facilities utilized by Atalanta 
Corp., at Jersey City, NJ; New York, 
NY; and Philadelphia, PA, to points in 
the States of OH, MI, MN. IN, WI, and 
also to Burlington. IA; Chicago, IL; 
Lawrence, KS, and Los Angeles, CA. 
for 180 days. Supporting shipper(s): 
Atalanta Corp., 17-25 Varick Street, 
New York, NY 10013. Send protests to: 
Delores A. Poe. Transportation Assist¬ 
ant, Interstate Commerce Commis¬ 
sion, Bureau of Operations, 414 Feder¬ 
al Building and U.S. Courthouse, 110 


NOTICES 

South 4th Street, Minneapolis, MN 
55401. 

MC 119726 (Sub-136TA), filed July 

13, 1978. Applicant: N. A. B. TRUCK¬ 
ING CO.. INC., 1644 West Edgewood 
Avenue, Indianapolis, IN 46217. Repre¬ 
sentative: James L. Beattey. Suite 
1000, 130 East Washington Street, In¬ 
dianapolis. IN 46204. Authority sought 
to operate as a common carrier, by 
motor vehicle, over irregular routes, 
transporting: Such merchandise as is 
dealt in by wholesale, retail, and chain 
grocery and food business houses, in 
containers (except in bulk), between 
the warehouses and storage facilities 
of Ralston Purina Co., at or near Clin¬ 
ton and Davenport, IA, to points in IN, 
MI, and OH, for 180 days. Applicant 
has also filed an underlying ETA seek¬ 
ing up to 90 days of operating authori¬ 
ty. Supporting shipper(s): Ralston 
Purina Co., Checkerboard Square, St. 
Louis, MO 63188. Send protests to: 
Beverly J. Williams, Transportation 
Assistant, Interstate Commerce Com¬ 
mission, Federal Building and U.S. 
Courthouse. 46 East Ohio Street, 
Room 429, Indianapolis, IN 46204. 

MC 123885 (Sub-26TA), filed July 17. 
1978. Applicant: C & R TRANSFER 
CO., P.O. Box 1010, Rapid City, SD 
57701. Representative: James W. 
Olson. P.O. Box 1552, Rapid City, SD 
57709. Authority sought to operate as 
a common carrier, by motor vehicle, 
over irregular routes, transporting: 
Concrete products and accessories, 
from Sioux Falls, SD. to Denver. CO. 
for 180 days. Applicant has also filed 
an underlying ETA seeking up to 90 
days of operating authority. Support¬ 
ing shipper(s): Gage Brothers Con¬ 
crete Products, Inc., P.O. Box 1526. 
Sioux Falls. SD 57101 (Glen B. Rein¬ 
holt, Traffic Manager and Dispatch¬ 
er). Send protests to: J. L. Hammond, 
District Supervisor, Interstate Com¬ 
merce Commission, Bureau of Oper¬ 
ations, Room 455, Federal Building, 
Pierre, SD 57501. 

MC 126899 (Sub-121TA), filed July 

14, 1978. Applicant: USHER TRANS¬ 
PORT, INC., 3925 Old Benton Road, 
P.O. Box 3156, Paducah, KY 42001. 
Representative: George M. Catlett, 708 
McClure Building, Frankfort, KY 
40601. Authority sought to operate as 
a common carrier, by motor vehicle, 
over irregular routes, transporting: Re¬ 
sidual fuel oils. Nos. 4, 5, and 6; and 
asphalt, from Memphis, TN, to points 
in AR, MI, and MO. for 180 days. Ap¬ 
plicant has also filed an underlying 
ETA seeking up to 90 days of operat¬ 
ing authority. Supporting shipper(s): 
Delta Refining Co., 9097 Mallory Sta¬ 
tion. Memphis, TN 38109. Send pro¬ 
tests to: Floyd A. Johnson, District Su¬ 
pervisor, Interstate Commerce Com¬ 
mission, 100 North Main Building, 


41459 

Suite 2006, 100 North Main Street, 
Memphis, TN 38103. 

MC 134286 (Sub-68TA). filed July 14, 
1978. Applicant: ILLINI EXPRESS, 
INC., P.O. Box 1564, Sioux City. IA 
51102. Representative: Charles M. Wil¬ 
liams, Suite 350, Capitol Life Center, 
1600 Sherman Street, Denver, CO 
80203. Authority sought to operate as 
a common carrier, by motor vehicle, 
over irregular routes, transporting: 
Foodstuffs (except commodities in 
bulk), from the plantsite of Inland 
Storage Distribution Center, located 
at Kansas City. KS, to points in CT, 
DE, KY. ME. MD, MA, NH, NJ. NY, 
PA, RI, VT, VA, and DC. for 180 days. 
Applicant has also filed an underlying 
ETA seeking up to 90 days of operat¬ 
ing authority. Supporting shipper(s): 
Harold Lankford, Manager, Interna¬ 
tional and Domestic Transportation, 
Inland Storage Distribution Center, 
P.O. Box 2249, Kansas City. KS 66110. 
Send protests to: Carroll Russell, Dis¬ 
trict Supervisor, Interstate Commerce 
Commission, Suite 620, 110 North 14th 
Street, Omaha, NE 68102. 

MC 136220 (Sub-58TA), filed July 18. 
1978. Applicant: ROY SULLIVAN, 
d.b.a. SULLIVAN’S TRUCKING CO., 
INC., P.O. Box 2164, Ponca City, OK 
74601. Representative: G. Timothy 
Armstrong, 6161 North May Avenve, 
Oklahoma City. OK 73112. Authority 
sought to operate as a common carri¬ 
er, by motor vehicle, over irregular 
routes, transporting: Barite (in bulk, 
in dump vehicles), from Blackwater, 
MO, to the facilities of Sherwin-Wil¬ 
liams Co., at Coffeyville, KS, for 180 
days. Supporting shippers): Sherwin- 
Williams Co., P.O. Box 855, Coffey¬ 
ville, KS 67337. Send protests to: 
Connie Stanley, Transportation Assist¬ 
ant, Room 240, Old Post Office and 
Court House Building, 215 Northwest 
Third, Oklahoma City. OK 73102. 

MC 136315 (Sub-32TA). filed July 11, 
1978. Applicant: OLEN BURRAGE 
TRUCKING. INC., Route 9. Box 22-A, 
Philadelphia, MS 39350. Representa¬ 
tive: Fred W. Johnson, Jr., P.O. Box 
22628, Jackson, MS 39205. Authority 
sought to operate as a common carri¬ 
er, by motor vehicle, over irregular 
routes, transporting: Cast iron pipe, 
fittings, values, hydrants, castings, 
and materials and supplies used in the 
installation thereof from the facilities 
of U.S. Pipe <fc Foundry Co., at or near 
Bessemer and Birmingham, AL, and 
Chattanooga, TN, to points in AR. IS. 
MO. NE. OK. and TX, for 180 days. 
Supporting shipper(s): U.S. Pipe & 
Foundry Co.. 3300 First Avenue North, 
Birmingham, AL 35202. Send protests 
to: Alan C. Tarrant, District Supervi¬ 
sor, Interstate Commerce Commission, 
Room 212, 145 East Amite Building, 
Jackson, MS 39201. 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 




41460 


NOTICES 


MC 139078 (Sub-12TA), filed July 16. 
1978. Applicant: MIDCOAST TRUCK¬ 
ING, 131 Beaverbrook Road. Lincoln 
Park. NJ 07035. Representative: Alan 
Kahn. 1920 Two Penn Center Plaza, 
Philadelphia, PA 19102. Authority 
sought to operate as a contract carri - 
er, by motor vehicle, over irregular 
routes, transporting: Empty plastic 
containers, from the facilities of 
Hedwin Corp., in or near Spartanburg. 
SC to Dallas, TX, and Cincinnati, OH, 
under a continuing contract, or con¬ 
tracts. with Hedwin Corp., for 180 
days. Applicant has also filed an un¬ 
derlying ETA seeking up to 90 days of 
operating authority. Supporting 
shipper(s): Hedwin Corp., P.O. Box 
932, Spartanburg, SC 29304. Send pro¬ 
tests to: Joel Morrows, District Super¬ 
visor, Interstate Commerce Commis¬ 
sion, 9 Clinton Street. Newark, NJ 
07102. 

MC 142207 (Sub-20TA), filed July 14, 
1978. Applicant: GULP COAST 
TRUCK SERVICES, INC.. P.O. Box 
29487, Chef Menteur Highway 7, New 
Orleans, LA 70189. Representative: 
Bruce E. Mitchell. Serby & Mitchell, 
Fifth Floor. Lenox Towers I, 3390 
Peachtree Road. Atlanta, GA 30326. 
Authority sought to operate as a 
common carrier , by motor vehicle, 
over Irregular routes, transporting: 
Iron and steel, iron and steel articles, 
and nonferrous metals, from New Or¬ 
leans, LA, to points in LA, MS, AL. FL, 
KY. NC, AR. TN, MO. SC. OH, IN, IL, 
MI, WI, and MN. for 180 days. Sup¬ 
porting shipper(s): (1) Alltransport, 
Inc.. 1318 International Trademart 
Tower, New Orleans, LA 70130; (2) 
Schenkers International Forwarders, 
Inc.. 1408 ITM Building, New Orleans, 
LA 70130; (3) Quast & Co., Inc.. Suite 
1012 Lykes Center, 300 Poydras Street, 
New Orleans. LA 70130; (4) M. G. 
Maher & Co.. Inc., 442 Canal Street, 
New Orleans, LA 70130. Send protests 
to: Connie A. Guillory, District Super¬ 
visor, Interstate Commerce Commis¬ 
sion, Bureau of Operations, T-9038, 
U.S. Postal Service Building, 701 
Loyola Avenue, New Orleans, LA 
70113. 

MC 142516 (Sub-13TA), filed July 17. 
1978. Applicant: ACE TRUCKING 
CO.. INC.. 1 Hackensack Avenue, 
Kearny. NJ 07032. Representative: 
George A. Olsen, P.O. Box 357, Glad¬ 
stone, NJ 07934. Authority sought to 
operate as a contract carrier, by motor 
vehicle, over irregular routes, trans¬ 
porting: Sealing tape, from Linden, 
NJ. to Chicago. IL; St. Louis, MO; 
Kansas City, KS; Detroit. MI; Kalama¬ 
zoo, MI; Atlanta, GA; Covington, GA; 
Massilion, OH; Pittsburgh, PA; Char¬ 
lotte, NC; Cincinnati, OH, under a con¬ 
tinuing contract, or contracts, with 
Gentech Industries, Inc., Linden, NJ, 
for 180 days. Applicant has also filed 


an underlying ETA seeking up to 90 
days of operating authority. Support¬ 
ing shipper(s): Gentech Industries, 
Inc., 531 Stiles Street, Linden. NJ. 
Send protests to: Robert E. Johnston, 
District Supervisor, Interstate Com¬ 
merce Commission, 9 Clinton Street, 
Newark, NJ 07102. 

MC 142516 (Sub-15TA), filed July 17, 
1978. Applicant: ACE TRUCKING 
CO.. INC., 1 Hackensack Avenue, 
Kearny, NJ 07032. Representative: 
George A. Olsen, P.O. Box 357, Glad¬ 
stone, NJ 07934. Authority sought to 
operate as a contract carrier, by motor 
vehicle, over irregular routes, trans¬ 
porting: Overhead door hardware and 
equipment, materials, and supplies, 
used in the manufacture and sale of 
overhead door hardware (except com¬ 
modities in bulk), between the facili¬ 
ties of J. G. Schmidt Co., Inc., Green 
Brook, NJ, on the one hand, and, on 
the other, points in OH, IL, MN, WA, 
OR. NC. OK, and TX, under a con¬ 
tinuing contract, or contracts, with J. 
G. Schmidt Co., Inc., Green Brook, 
NJ, for 180 days. Applicant has also 
filed an underlying ETA seeking up to 
90 days of operating authority. Sup¬ 
porting shipper(s): J. G. Schmidt Co., 
Inc., 354 U.S. Highway 22, Green 
Brook, NJ 08812. Send protests to: 
Robert E. Johnston, District Supervi¬ 
sor, Interstate Commerce Commission, 
9 Clinton Street, Newark, NJ 07102. 

MC 143753 (Sub-2TA), filed July 14, 
1978. Applicant: BOLES & FRANK¬ 
LIN. INC., Route 2, Box 169, Weaver- 
ville, NC 28787. Representative: 
George W. Clapp, P.O. Box 836, Tay¬ 
lors, SC 29687. Authority sought to op¬ 
erate as a common carrier, by motor 
vehicle, over irregular routes, trans¬ 
porting: Coal (in bulk, in dump vehi¬ 
cles), from points in Bell and Whitley 
Counties, KY, to points in Roane 
County, TN, for 180 days. Applicant 
has also filed an underlying ETA seek¬ 
ing up to 90 days of operating authori¬ 
ty. Supporting shippers): Harbert 
Construction Corp., Route 6, Box 46, 
Pineville, KY 40977. Send protests to: 
Terrell Price, District Supervisor, 800 
Briar Creek Road, Room CC516, Mart 
Office Building, Charlotte. NC 28205. 

MC 143909 (Sub-4TA), filed July 14, 
1978. Applicant: KIRBY TRANS¬ 
PORT. INC., 6677 North Northwest 
Highway. Chicago, IL 60631. Repre¬ 
sentative: Stuart R. Mandel, Mandel & 
Kavaller, 315 South Beverly Drive, 
Suite 315, Beverly Hills, CA 90212. Au¬ 
thority sought to operate as a contract 
carrier, by motor vehicle, over irregu¬ 
lar routes, transporting: Iron or steel 
blanks, steel laminations , steel plates, 
iron or steel plates, strip steel, metal 
alloys, and nickel-iron chromium 
alloys, plate, sheet, or strip, from West 
Leechburg, Brackenridge, Bagdad, and 
Coatesville, PA; Wallingford, CT; and 


New Castle, IN, to points in CA. CO, 
ID. IA, KS. MO, NE. OK. OR, UT, and 
WA, under a continuing contract, or 
contracts, with Allegheny Ludlum 
Steel Corp., for 180 days. Supporting 
shipper(s): Chester A. Smith, Supervi¬ 
sor of Transportation Services, Alle¬ 
gheny Ludlum Steel Corp., P.O. Box 
565. West Leechburg, PA 15656. Send 
protests to: Lois M. Stahl, Transporta¬ 
tion Assistant, Interstate Commerce 
Commission, 219 South Dearborn 
Street, Room 1386, Chicago, IL 60604. 

MC 145007 (Sub-ITA), filed July 17, 
1978. Applicant: EARL GAUDIO. 
ANTON GAUDIO, CHARLES 
GAUDIO & JOSEPH GAUDIO. d.b.a. 
GAUDIO TRUCK FUND, 502 South 
First, Benld, IL 62009. Representative: 
Joseph Gaudio (same address as appli¬ 
cant). Authority sought to operate as 
a contract carrier, by motor vehicle, 
over irregular routes, transporting: 
Malt beverages in bottles , cans and 
draft cooperate, from St. Louis, MO. to 
Benld. IL. under a continuing con¬ 
tract, or contracts, with Hebenstreit 
Distribution, for 180 days. Applicant 
has also filed an underlying ETA seek¬ 
ing up to 90 days of operating authori¬ 
ty. Supporting shipper(s): G. Heben¬ 
streit. Owner. Hebenstreit Distribu¬ 
tion, 103 North Second Street, Benld, 
IL 62009. Send protests to: Charles D. 
Little, District Supervisor. Interstate 
Commerce Commission, 414 Lei and 
Office Building, 527 East Capitol 
Avenue, Springfield, IL 62701. 

MC 145023, filed July 11. 1978. Ap¬ 
plicant: C. O. BRUCE <fe SON. INC., 
Route 1, Blum. TX 76627. Representa¬ 
tive: Billy R. Reid. P.O. Box 9093, Fort 
Worth. TX 76107. Authority sought to 
operate as a common carrier, by motor 
vehicle, over irregular routes, trans¬ 
porting: Lactic acid, in bulk, in tank 
vehicles, from Texas City, TX, to 
Grandview, MO, for 180 days. Appli¬ 
cant has also filed an underlying ETA 
seeking up to 90 days of operating au¬ 
thority. Supporting shipper(s): Patco 
Products, P.O. Box 167, Grandview, 
MO 64030. Send protests to: Robert J. 
Kirspel. District Supervisor. Room 
A27 Federal Building. 819 Taylor 
Street, Fort Worth, TX 76102. 

MC 145032 (Sub-ITA), filed July 14. 
1978. Applicant: NATIONAL TRANS¬ 
PORTATION SERVICES. INC., P.O. 
Box 3291. Lubbock, TX 79410. Repre¬ 
sentative: Wilmer B. Hill, Suite 805, 
666 11th Street, NW.. Washington, 
D.C. 20001. Authority sought to oper¬ 
ate as a common carrier, by motor ve¬ 
hicle, over irregular routes, transport¬ 
ing: (1) New and used trailers, trailer 
chassis, and containers (except those 
designed to be drawn by passenger 
automobiles), in truckaway service, 
and (2) parts for the commodities 
named in (1) above, between the facili¬ 
ties of The Budd Co., Trailer Division, 


FEDERAL REGISTER. VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 









NOTICES 


41461 


at or near Ridgeway, VA. on the one 
hand, and, on the other, points in the 
United States (except AK and HI), for 
180 days. Supporting shipper(s): The 
Budd Co./Trailer Division, Route 100, 
Downingtown, PA 19335. Send pro¬ 
tests to: Haskell E. Ballard, District 
Supervisor, Interstate Commerce Com¬ 
mission, Bureau of Operations, Box F- 
13206 Federal Building, Amarillo, TX 
79101. 

MC 145068 (Sub-ITA), filed July 14, 
1978. Applicant: D.O.T. TRUCKING. 
INC., Suite 320, 104 West Marlin. 
McPherson, KS 67460. Representative: 
Clyde N. Christey, Suite 110L, 1010 
Tyler, Topeka, KS 66612. Authority 
sought to operate as a contract carri¬ 
er, by motor vehicle, over irregular 
routes, transporting: Polyurethane 
foam, from Newton, KS, and Council 
Bluffs, IA, to points in CO, MO, OK, 
and TX, and also between Newton, 
KS, and Council Bluffs, IA, under a 
continuing contract, or contracts, with 
Future Foam, Inc., for 180 days. Appli¬ 
cant has also filed an underlying ETA 
seeking up to 90 days of operating au¬ 
thority. Supporting shipper(s): Future 
Foam, Inc., P.O. Box 1017, Downtown 
Station, Omaha, NE 68101. Send pro¬ 
tests to: M. E. Taylor, District Supervi¬ 
sor, Interstate Commerce Commission, 
101 Li twin Building, Wichita. KS 
67202. 

MC 145159TA, filed July 13, 1978. 
Applicant: FREDERICK M. Mac- 
PHERSON, d.b.a. RUMAC TRANS¬ 
PORTATION, 29 Millpond, North An¬ 
dover, MA 01884. Representative: 
James F. Martin, Jr., 8 West Morse 
Road, Bellingham, MA 02019. Authori¬ 
ty sought to operate as a contract car¬ 
rier , by motor vehicle, over irregular 
routes, transporting: Malt beverages, 
in containers, from South Volney, NY, 
to Danvers. MA, restricted to ship¬ 
ments destined to the facilities of the 
Merrimack Valley Distributing Co., 
and under a continuing contract, or 
contracts, with Middlesex Valley Dis¬ 
tributing Co., for 180 days. Supporting 
shipper(s): Middlesex Valley Distribut¬ 
ing Co., 50 Prince Street, Danvers, MA 
01923. Send protests to: Max Goren- 
stein District Supervisor, Bureau of 
Operations, Interstate Commerce 
Commission, 150 Causeway Street, 
Boston. MA 02114. 

MC 121564 (Sub-3TA) filed July 17, 
1978. Applicant: ABBOTT BUS 
LINES. INC., 1703 Granby Street, 
Roanoke. VA 24012. Representative: 
Fred W. Abbott, 1703 Granby Street, 
Roanoke, VA 24012. Authority sought 
to operate as a common carrier, by 
motor vehicle, over irregular routes, 
transporting: Passengers and their 
baggage, in round trip charter oper¬ 
ations beginning and ending at points 
within the Virginia Counties of Roa¬ 
noke and Montgomery, and extending 


to points in the United States, for 180 
days. Supporting shipper(s): (1) Rad¬ 
ford College, Radford. VA 23142. (2) 
Berean Baptist Church, Salem, VA 
24153. (3) Duke and Earls, Inc., 1501 
Gilmer Avenue NW, Roanoke, VA 
24017. (4) K. R. Hopkins Travel. Inc., 9 
West Kirk Avenue, Roanoke. VA 
24011. Send protests to: Interstate 
Commerce Commission, P.O. Box 210, 
Roanoke, Va 24011. 

MC 145090, filed July 11, 1978. Ap¬ 
plicant: DENVA E. BOWEN JR. 
BILLY J. McDANIEL, d.b.a. B & M 
SERVICE CO., 1520 Rebecca Drive, 
Chattanooga, TN 37412. Representa¬ 
tive: Denva E. Bowen Jr. (same as 
above). Authority sought to operate as 
a common carrier, by motor vehicle, 
over irregular routes, transporting: 
passengers and their baggage in the 
same vehicle with passengers between 
Chattanooga, TN and Hollywood, AL 
serving all intermediate points from 
Chattanooga, TN over 1-24 to Hale- 
town exit and junction with U.S. 41 
and travel U.S. 41 to U.S. 72 Junction, 
thence over U.S. 72 to Hollywood, AL 
and return over the same route, for 
180 days. Applicant has also filed an 
underlying ETA seeking up to 90 days 
of operating authority. Supporting 
shippers): There are approximately 
32 statements of support attached to 
the application which may be exam¬ 
ined at the Interstate Commerce Com¬ 
mission in Washington, D.C. or copies 
thereof which may be examined at the 
filed office named below. Send pro¬ 
tests to: Glenda Kuss, Transportation 
Assistant, Bureau of Operations, In¬ 
terstate Commerce Commission, Suite 
A-422, U.S. Courthouse, 801 Broad¬ 
way. Nashville, TN 37203. 

By the Commission. 

H. G. Homme, Jr., 
Acting Secretary. 

[FR Doc. 78-26189 Filed 9-15-78; 8:45 am) 


[ 7035 - 01 ] 

[Notice No. 106) 

MOTOR CARRIER BOARD TRANSFER 
PROCEEDINGS 

The following publications include 
motor carrier, water carrier, broker, 
and freight forwarder transfer applica¬ 
tions filed under sections 212(b), 
206(a), 211, 312(b), and 410(g) of the 
Interstate Commerce Act. 

Each application (except as other¬ 
wise specifically noted) contains a 
statement by applicants that there 
will be no significant effect on the 
quality of the human environment re¬ 
sulting from approval of the applica¬ 
tion. 

Protests against approval of the ap¬ 
plication, which may include a request 
for oral hearing, must be filed with 


the Commission on or before October 
18, 1978. Failure seasonably to file a 
protest will be construed as a waiver of 
opposition and participation in the 
proceeding. A protest must be served 
upon applicants’ representative^) or 
applicants (if no such representative is 
named), and the protestant must certi¬ 
fy that such service has been made. 

Unless otherwise specified, the 
signed original and six copies of the 
protest shall be filed with the Com¬ 
mission. 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 believes would pre¬ 
clude approval of the application. If 
the protest contains a request for oral 
hearing, the request shall be support¬ 
ed 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. 

MC-FC-77729, filed June 30. 1978. 
Transferee: THREE L CORP., P.O. 
Box 3. Tama, IA 52339. Transferor: C. 
E. Hornback, Inc., Second and Siegel, 
Tama, IA 52339. Representative: 
James M. Hodge, 1980 Financial 
Center, Des Moines, IA 50309. Author¬ 
ity sought for purchase by transferee 
of the operating rights of transferor, 
as set forth in permit MC 105463 (Sub- 
8), issued March 9, 1973, as follows: 
Meats, meat products, and meat by¬ 
products. and articles distributed by 
meat packinghouses, as described, 
from the facilities of Tama Meat Pack¬ 
ing Corp. at Tama. IA, to points in IL, 
IN. KS, MI, MN. MO. NE, OH. SD. 
and WI. Transferee presently holds no 
authority from this Commission. Ap¬ 
plication has been filed for temporary 
authority under section 210a(b). 

MC-FC-77741, filed June 22. 1978. 
Transferee: BREMERTON TRANS¬ 
FER & STORAGE CO., LTD., 221 
Bruenn Avenue, Bremerton, WA 
90310. Transferor. Bremerton Trans¬ 
fer & Storage Co., Inc., 221 Bruenn 
Avenue, Bremerton, WA 98310. Repre¬ 
sentative: George H. Hart, Attorney at 
Law, 1100 IBM Building, Seattle, WA 
98101. Authority sought for purchase 
by transferee of the operating rights 
of transferor as set forth in certificate 
MC 133075 (Sub-1), issued November 
3, 1969, as follows: Used household 
goods, between points in Kitsap. 
Mason, Pierce, Jefferson, and Grays 
Harbor Counties. WA, restricted to the 
transportation of traffic having a prior 
or subsequent movement, in contain¬ 
ers, beyond the points authorized, and 
further restricted to the performance 
of pickup and delivery service in con¬ 
nection with packing, crating, and con- 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 







41462 


NOTICES 


tainerization, or unpacking, uncrating, 
and decontainerization of such traffic. 
Transferee presently holds no authori¬ 
ty from this Commission. Temporary 
authority was granted July 11, 1978, 
under section 210a(b). 

MC-FC-77752, filed July 19. 1978. 
Transferee: L. PARKS. INC., 131 Hub¬ 
bard Street. Ludlow. MA 01056. Trans¬ 
feror: Robert A. Sweeney, d.b.a. 
Yankee Motor Lines. 246 Cottage 
Street. Springfield, MA 01104. Repre¬ 
sentative: Patrick A. Doyle, Attorney. 
60 Robbins Road. Springfield, MA 
01104. Authority sought for purchase 
by transferee of the operating rights 
of transferor as set forth in certificate 
of registration MC 120902 (Sub-1) 
Issued January 22, 1964, as follows: 
General commodities anywhere within 
the Commonwealth. Transferee pres¬ 
ently holds no authority from this 
Commission. Application has not been 
filed for temporary authority under 
section 210a(b). 

MC-FC-77792. filed July 30. 1978. 
Transferee: MELVIN C. SAUCIER, 
d.b.a. SAUCIER TRUCKING, Rural 
Route 2. Box 8, Canton, MO 63248. 
Tranferon Carl H. Laeding, Box 96. 
Lima, IL 63248. Representative: 
Robert T. Lawley, Attome/ at Law. 
300 Reisch Building, Springfield, IL 
62701. Authority sought for purchase 
by transferee of the operating rights 
of transferor as set forth in permit 
m 6 28180 issued August 28. 1972. as 
follows: Peed, feeding troughs, animal 
dip. dry-earth paint, and premium ar¬ 
ticles, from Quincy. IL, to points in 
that part of MN south of and includ¬ 
ing the counties of Lac Qui Parle, 
Swift, Kandiyohi, Meeker, Wright, 
Sherburne, and Anoka. Restriction: 
The transportation service authorized 
must be performed under such con¬ 
tracts or agreements with persons (as 
defined in section 203(2) of the Inter¬ 
state Commerce Act) who operate feed 
and seed business houses, the business 
of which is the sale of feed and seed; 
such general merchandise as is dealt in 
by feed and seed houses, between Min¬ 
neapolis. MN, on the one hand, and, 
on the other, points in LA; dried but¬ 
termilk and dried skim milk (for 
animal food), fror© points in MN to 
Quincy, IL, and points in IA; seed 
com, from Waterville, MN, to points 
in that part of LA on and north of UB. 
Hwy 20; animal and poultry feed, 
animal and poultry tonics and medi¬ 
cines, feeding troughs, animal dip, dry- 
earth paint, premium articles, animal 
and poultry mineral mixtures, insecti¬ 
cides. and advertising matter, from 
Quincy, IL to points in that part of 
MN south of and including Traverse. 
Stevens, Pope, Steams, Benton. Mille 
Lacs. Isanti, and Chisago Counties, 
MN; and grain, mill feeds, soybeans, 
bean meal, tankage, meat scraps, dried 


blood, bonemeal. and alfalfa leaf or 
meal, from points in that part of MN 
south of and including Traverse. Ste¬ 
vens, Pope, Steams, Benton, Mille 
Lacs, Isanti, and Chisago Counties, 
MN. to Quincy, IL; fertilizer, in bulk, 
from Winona, MN, to points in IA and 
WI within 125 miles of Winona, MN, 
other than incorporated municipal¬ 
ities; animal and poultry feed, animal 
and poultry tonics and medicines, feed 
troughs, animal dip, dry-earth paint, 
animal and poultry mineral mixtures, 
insecticides, and premiums and adver¬ 
tising matter used in connection with 
the above-specified commodities, from 
Quincy, IL, to points in that part of 
MN north of Traverse, Stevens. Pope, 
Stearns, Benton, Mille Lacs, Isanti, 
and Chisago Counties, MN; and re¬ 
turned, damaged and defective ship¬ 
ments of the above commodities; and 
grain, mill feeds, soybeans, bean meal, 
tankage, meat scraps, dried blood, bon¬ 
emeal, and alfalfa meal, from the next 
above-specified destination points in 
MN to Quincy. IL. Transferee present¬ 
ly holds no authority from this Com¬ 
mission. Application has not been filed 
for temporary authority under section 
210a(b). 

MC-FC-77803. filed August 3, 1978. 
Transferee: PAUL JONES, INC.. 941 
Fairmont Street, P.O. Box 24, Eliza¬ 
beth, NJ 07206. Transferor Jefmor 
Trucking Co.. Inc., 941 Fairmont 
Avenue, P.O. Box 24, Elizabeth, NJ 
07206. Representative: Robert B. 
Pepper, Registered Practitioner, 168 
Woodbridge Avenue, Highland Park, 
NJ 08904. Authority is sought for pur¬ 
chase by transferee of the operating 
rights of transferor as set forth in 
permit MC 133660 issued October 1. 
1970, as follows: Paint, and materials, 
equipment, and supplies used in the 
manufacture or sale of paint, except 
commodities in bulk, between New 
York, NY, and Yonkers, NY, on the 
one hand, and, on the other, points in 
the United States (except AK and HI), 
limited to a transportation service to 
be performed, under contract with 
Proctor Paint & Varnish Co., Inc., of 
Yonkers, NY. Transferee presently 
holds no authority from this Commis¬ 
sion. Application has not been filed for 
temporary authority under section 
210a(b). 

MC-FC-77817, filed August 11. 1978. 
Transferee: KINCAID COACH 

LINES. INC., 5639 Merriam Drive, 
Merriam, KS 66203. Transferor: 
Easton Bus Service, Inc.. Easton, KS 
66020. Representative: Frank W. 
Taylor, Jr., Attorney at Law, 1221 Bal¬ 
timore Avenue, Suite 600, Kansas City, 
MO 64105. Authority sought for pur¬ 
chase by transferee of a portion of the 
operating right of transferor, as set 
forth in certificate MC 112559 (Sub-1), 
issued June 1, 1971. as follows: Passen¬ 


gers and their baggage, and express 
and newspapers in the same vehicle 
with passengers, between Leaven¬ 
worth, KS. and Kansas City, MO. serv¬ 
ing all intermediate points: From 
Leavenworth over U.S. Hwy 73 (for¬ 
merly U.S. Hwy 73E), to Lansing. KS, 
then over an unnumbered hwy to 
junction KS Hwy 5. then over KS Hwy 
5 to junction unnumbered hwy known 
as Smith Road, then over Smith Road 
to junction U.S. Hwy 40. then over 
U.S. Hwy 40 to Kansas City, KS. and 
then over city streets to Kansas City, 
MO, and return over the same route. 
Transferee presently holds no authori¬ 
ty from this Commission. Application 
has not been filed for temporary au¬ 
thority under section 210a(b). 

MC-FC-77818, filed August 10, 1978. 
Transferee: V. VAN DYKE, d.b.a. VAN 
DYKE TRUCK LINES. 150 South 
River Street, Seattle. WA 98108. 
Transferor: Jovan, Inc., 1344 Dexter 
Horton Building. Seattle. WA 98104. 
Representative: V. Van Dyke (address 
same as above). Authority sought for 
purchase by transferee of the operat¬ 
ing rights of transferor, as set forth in 
certificate MC 142316, issued June 23, 
1977, as follows: Machinery, mining 
equipment, mining supplies, mine ores 
(except coal, and -building materials), 
between points in that part of MT on 
and east of a line beginning at Monida 
Pass, MT, and extending northerly to 
the international boundary line be¬ 
tween the United States and Canada, 
near Babb, MT, on the one hand, and, 
on the other, points in MT, ID. OR, 
and WA; building materials, between 
points in OR, WA. ID, and that part of 
MT west of a line extending in a 
northerly direction from Monida Pass, 
MT, to the international boundary 
line between the United States and 
Canada near Piegan, MT. Transferee 
is presently authorized to operate as a 
common carrier under certificate MC 
114730. Application has not been filed 
for temporary authority under section 
210a(b). 

MC-FC-77824, filed August 24, 1978. 
Transferee: UNITED OIL OF MAGIC 
VALLEY. INC., 1992 Kimberly Road. 
Twin Falls, ID 83301. Transferor. 
United Oil of Idaho, Inc., 1992 Kim¬ 
berly Road, Twin Falls, ID 83301. Rep¬ 
resentatives: John R. Coleman. Attor¬ 
ney. P.O. Box 525, Twin Falls. ID 
83301. and Raymond D. Givens, Attor¬ 
ney, P.O. Box 2720. Boise. ID 83701. 
Authority sought for purchase by 
transferee of the operating rights of 
transferor as set forth in certificate 
MC 140150 (Sub-2) issued July 18. 
1075, as follows: Potato starch slurry, 
in bulk, from Ontario. OR, to Mur- 
taugh. ID. Transferee presently holds 
no authority from this Commission. 
Application has not been filed for tem- 


FEDERAl REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 





NOTICES 


41463 


porary authority under section 
210a<b). 

H. G. Homme, Jr., 
Acting Secretary. 
[FR Doc. 78-26191 Filed 9-15-78; 8:45 am] 


[7035-01] 

[Notice No. 169] 

MOTOR CARRIER TEMPORARY AUTHORITY 
APPLICATIONS 

The following are notices of filing of 
applications for temporary authority 
under section 210a(a) of the Interstate 
Commerce Act pr ovide d for under the 
provisions of 49 CFR 1131.3. These 
rules provide that an original and six 
(6) copies of protests to an application 
may be filed with the field official 
named in the Federal Register publi¬ 
cation no later than the 15th calendar 
day after the date the notice of the 
filing of the application is published in 
the Federal Register. One copy of the 
protest must be served on the appli¬ 
cant, or its authorized representative, 
if any, and the protestant must certify 
that such services has been made. The 
protest must identify the operating 
authority upon which it is predicated, 
specifying the “MC" docket and “Sub” 
number and quoting the particular 
portion of authority upon which it 
relies. Also, the protestant shall speci¬ 
fy the service it can and willl provide 
and the amount and type of equip¬ 
ment it will make available for use in 
connection with the service contem¬ 
plated by the TA application. The 
weight accorded a protest shall be gov¬ 
erned by the completeness and perti¬ 
nence of the protestant's information. 

Except as otherwise specifically 
noted, each applicant states that there 
will be no significant effect on the 
quality of the human environment re¬ 
sulting from approval of its applica¬ 
tion. 

A copy of the application is on file, 
and can be examined at the Office of 
the Secretary. Interstate Commerce 
Commission, Washington, D.C., and 
also in the ICC Field Office to which 
protests are to be transmitted. 

Motor Carriers op Property 

W-1218 (Sub-6TA). By order entered 
August 31, 1978, the Motor Carrier 
' Board granted Gateway Clipper, Inc., 
Pittsburgh, PA, 180 day temporary au¬ 
thority to engage in the business of 
transportation by water vessel, in in¬ 
terstate commerce, in the transporta¬ 
tion of passengers by self-propelled 
vessel, in charter and special oper¬ 
ations, between Pittsburgh, Sewickley, 
Edgeworth, Leetsdale, Ambridge, Ali- 
quippa, Monaca, Rochester, Beaver, 
and Midland. PA; East Liverpool, Steu¬ 
benville, Belaire, Marietta, and Galli- 
polis, OH; and Wheeling, New Mar¬ 


tinsville, Parkersburg, Huntingdon, 
and Charleston, WV. on the Ohio 
River and its tributaries, and passen¬ 
gers by self-propelled vessel, in special 
operations. between Pittsburgh, 
Brownsville, Monongahela, Charleroi, 
and Point Marion, PA, and Morgan¬ 
town and Fairmont, WV, on the Mon¬ 
ongahela River. William A. Gray, 
Wick, Vuono <fc Lavelle, 2310 Grant 
Building, Pittsburgh. PA 15219, for ap¬ 
plicant. Any interested person may file 
a petition for reconsideration within 
20 days of the date of this publication. 
Within 20 days after the filing of such 
petition with the Commission, any in¬ 
terested person may file and serve a 
reply thereto. 

MC 95920 (Sub-48TA), filed May 26, 
1978. Applicant: SANTRY TRUCK¬ 
ING CO., 11552 Southwest, Pacific 
Highway, Portland, OR 97223. Repre¬ 
sentative: George R. LaBissoniere, 
1100 Norton Building, Seattle, WA 
98104. By order of September 5, 1978, 
the Motor Carrier Board granted au¬ 
thority to applicant to operate as a 
contract carrier, by motor vehicle, 
over irregular routes, transporting: (1) 
Malt beverages and supplies, materi¬ 
als, and equipment used in the manu¬ 
facture of malt beverages, (except 
commodities in bulk), from St. Paul, 
MN to points in FL, GA, KY, TN, NM 
and TX: and (2) Supplies, materials, 
and equipment used in the manufac¬ 
ture of malt beverages, from the desti¬ 
nations named in (1) above to St. Paul, 
MN under a continuing contract, or 
contracts with Olympia Brewing Co. 
Notice of this application in the Fed¬ 
eral Register on July 3, 1978, inad¬ 
vertently showed points in MN in lieu 
of NM. Insofar as authority to serve to 
and from points in NM is concerned, 
interested parties may file petitions 
for reconsideration on or before 15 cal¬ 
endar days from the date of publica¬ 
tion of this notice. Send petitions to: 
Acting Secretary, Interstate Com¬ 
merce Commission, Washington. DC 
20423. 

MC 119176 (Sub-18TA), filed Decem¬ 
ber 13, 1977. Applicant: THE SQUAW 
TRANSIT CO., P.O. Box 9368, Tulsa. 
OK 74107. Representative: Clint 
Oldham, 1108 Continental Life Build¬ 
ing, Fort Worth, TX 76102. By order 
of June 13, 1978, a majority of the 
Commission, acting on applicant’s pe¬ 
tition, granted authority to operate as 
a common carrier, by motor vehicle, 
over irregular routes, transporting: 
Machinery, equipment, materials, and 
supplies used in, or in connection with 
the discovery, development, produc¬ 
tion, refining, manufacture, process¬ 
ing, storage, transmission, and distri¬ 
bution of natural gas and petroleum 
and their products and by-products, 
and machinery, materials, equipment, 
and supplies used in or in connection 


with the construction, operation, 
repair, servicing, maintenance, and dis¬ 
mantling of pipe lines, including the 
stringing and picking up thereof; earth 
drilling machinery and equipment, 
and machinery, equipment, materials, 
supplies, and pipe incidental to. used 
in, or in connection with (a) the trans¬ 
portation, installation, removal, oper¬ 
ation, repair, servicing, maintenance, 
and dismantling of drilling machinery 
and equipment, (b) the completion of 
holes or wells drilled, (c) the produc¬ 
tion, storage, and transmission of com¬ 
modities resulting from drilling oper¬ 
ations at well or hole sites, and (d) the 
injection or removal of commodities 
into or from holes or wells; between 
points in DE. MD. NJ, NY, RI, and VA 
on the one hand, and. on the other,, 
points in the United States, including 
AK, but excluding HI. This grant of 
authority is broader than that noticed 
in the Federal Register on January 
20, 1978, which showed applicant re¬ 
quested authority to transport these 
commodities between points in OK, 
TX, LA, KS, AR. NM. and CO on the 
one hand, and, on the other, points in 
ME. NH, VT, CT, RI, MA, NY. NJ, PA, 
MD, DE. VA, WV, NC, and SC. Send 
petitions for reconsideration to: The 
Acting Secretary, Interstate Com¬ 
merce Commission, Washington, DC 
20423 on or before October 18, 1978. 

H.G. Homme, Jr., 
Acting Secretary . 

IFR Doc. 78-26193 Filed 9-15-78; 8:45 am] 


[7035-01] 

[Notice No. 107] 

MOTOR CARRIER TRANSFER PROCEEDINGS 

September 18, 1978. 

Application filed for temporary au¬ 
thority under section 210a(b) in con¬ 
nection with transfer application 
under section 212(b) and transfer 
rules, 49 CFR Part 1132: 

MC-FC 77504. By application filed 
August 30, 1978, COLE FREIGHT 
CO.. 5445 West 137th Place, Crest- 
wood, IL 60445, seeks temporary au¬ 
thority to transfer a portion of the op¬ 
erating rights of FISCHBACH 
TRUCKING CO., 921 Sherman Street, 
Akron, OH 44311, under section 
210a(b). The transfer to COLE 
FREIGHT CO., of a portion of the op¬ 
erating rights of FISCHBACK 
TRUCKING CO., is presently pend¬ 
ing. 

By the Commission, 

H. G. Homme, Jr. f 
Acting Secretary. 

[FR Doc. 78-26192 Filed 9-15-78; 8:45 am] 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 






41464 


sunshine act meetings 


Thi* 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(eX3). __ 


CONTENTS 


Items 

Civil Aeronautics Board. 1-3 

Consumer Product Safety 

Commission. 4 

Equal Employment 

Opportunity Commission. 5 

Federal Energy Regulatory 

Commission.- 6 

Federal Home Loan Mortgage 

Corporation.- 7 

Federal Maritime Commission... 8 

Federal Trade Commission.. 9, 10 

Interstate Commerce 

Commission. 11 

Securities and Exchange 
Commission. 12 


[ 6320 - 01 ] 

1 

[M-162, Arndt. V, Sept. 8, 19783 
CIVIL AERONAUTICS BOARD. 

Notice of deletion and addition of 
item to the September 13, 1978. 

agenda. 

DATE AND TIME: 10 a.m., September 
13, 1978. 

PLACE: Room 1027. 1825 Connecticut 
Avenue NW., Washington, D.C. 20428. 

SUBJECT: 

Delete: 9. Docket 32260. TWA's motion for 
expedited hearing on St. Louis/Kansas City- 
Los Angeles-Honolulu authority Docket 
32384. Northwest’s application for removal 
of Los Angeles/San Francisco-Honolulu 
long-haul restriction: Docket 32291, Ameri¬ 
can’s application for Los Angeles/San Fran¬ 
cisco-Honolulu authority with St. Louis 
long-haul requirement (Memo 8161, BPDA, 
ALJ. OOC). 

Add: 10a. Docket 30255. Trans-Mediterra¬ 
nean Airways, S.A.L., Foreign Air Carrier 
Permit. Petition for reconsideration of 
Order 78-5-67 (granting a renewed and 
amended permit) requesting deletion of two 
conditions as Inconsistent with the out¬ 
standing bilateral agreement (OGC, B1A). 

STATUS: OPEN. 

PERSON TO CONTACT: 

Phyllis T. Kaylor, the Secretary. 
202-673-5068. 

SUPPLEMENTARY INFORMATION: 
Item 9 is being deleted from the Sep¬ 
tember 13, 1978, agenda in order for 
the staff to have additional time to re¬ 
consider its recommendation in the 
subject memo. The OGC attorney 
working on item 10a was not informed 


that the Board's meeting for the week 
of September 11 would be on Wednes¬ 
day September 13, 1978, not Thursday 
September 14. 1978. The staff work 
was completed on Thursday Septem¬ 
ber 7 and the public target is Septem¬ 
ber 15. 1978. So that the Board can 
consider this in a timely fashion the 
following Members have voted that 
agency business requires the addition 
of item 10a to the September 13. 1978, 
agenda and item 9 be deleted from the 
agenda and that no earlier announce¬ 
ment of these changes was possible: 

For deleting item 9—Chairman, Alfred E. 
Kahn: Member. Richard J. O’Melia; and 
Member. Elizabeth E. Bailey. » 

For adding item 10a.—Chairman, Alfred E. 
Kahn: Member. Richard J. O’Melia (disap¬ 
proves); and Member. Elizabeth E. Bailey. 

All amendments to previously an¬ 
nounced agendas are publicly posted 
at the Board's offices, sent to the Fed¬ 
eral Register for publication, and 
mailed to parties to docketed cases af¬ 
fected by the change. We regret any 
inconvenience that may be caused by 
these changes or the delayed receipt 
of our notices. 

[S-1879-78 Filed 9-14-78; 10:22 ami 


[ 6320 - 01 ] 

. 2 

[M-162. Arndt. 2; Sept. 12,19781 
CIVIL AERONAUTICS BOARD. 

Notice of addition of items to the 
September 13, 1978, agenda. 

TIME AND DATE: 10 a.m., September 
13. 1978. 

PLACE: Room 1027, 1825 Connecticut 
Avenue NW., Washington, D.C. 20428. 

SUBJECT: 

10b. Docket 33019. Chicago-Midway Ex¬ 
panded Service Proceeding: Order on recon¬ 
sideration (Memo 7909-F, OGC). 

10c. Docket 32786. Philadelphia-Bermuda 
Nonstop Proceeding, to consider opinion 
and order prepared in accordance with the 
instructions of two Board Members. 

STATUS: Open. 

PERSON TO CONTACT: 

Phyllis T. Kaylor, the Secretary. 
202-673-5068. 

SUPPLEMENTARY INFORMATION: 
Docket 33019, Chicago-Midway Ex¬ 
panded Service Proceeding, is a high- 
priority case which the Board wants to 
complete as soon as possible. The*pre- 


V I 

hearing conference is scheduled for 
September 26, and, because the draft 
order proposes expansion of the case, 
the parties must have time to file addi¬ 
tional pleadings before the prehearing 
conference. Docket 32786, Philadel¬ 
phia-Bermuda Nonstop Proceeding 
was to be acted upon by notation. 
However, the Board has reconsidered 
and determined that, since the instruc¬ 
tions were given to the staff by two 
Members in a non-Sunshine session, 
the decision will receive no public dis¬ 
cussion unless the draft opinion and 
order are acted upon in open meeting. 
The item must be considered at the 
September 13 meeting if the Board is 
to meet its previously announced 
target date for decision (September 14, 
1978). Accordingly, the following 
Members have voted that agency busi¬ 
ness requires the addition of these two 
items and that no earlier announce¬ 
ment of this change was possible: 

For adding item 10b—Chairman, Alfred E. 
Kahn; Member. Richard J. O’Melia (disap¬ 
proves); and Member, Elizabeth E. Bailey. 
For adding item 10c—Chairman. Alfred E. 
Kahn: Member, Richard J. O’Melia: and 
Member. Elizabeth E. Bailey. 

All amendments to previously an¬ 
nounced agendas are publicly posted 
at the Board’s offices, sent to the Fed¬ 
eral Register for publication, and 
mailed to parties to docketed cases af¬ 
fected by the change. We regret any 
inconvenience that may be caused by 
these changes or the delayed receipt 
of our notices. 

[S-1880-78 Filed 9-14-78; 10.22 am) 


[ 6320 - 01 ] 

3 

[M-102, Arndt. 3; Sept. 12. 1978) 
CIVIL AERONAUTICS BOARD. 

Notice of deletion of items from the 
September 13. 1978, agenda. 

TIME AND DATE: 10 a.m., September 
13, 1978. 

PLACE: Room 1027, 1825 Connecticut 
Avenue NW., Washington, D.C. 20428. 

SUBJECT: 

5. Docket 26291, Petition for Immediate 
restoration of adequate air service for 
American Samoa (Memo 7651-C. BPDA. 
OCCR, BIA, OGC). 

11. Docket 27631, Foremost International 
Tours v. Qantas Airways, Enforcement Pro¬ 
ceeding. Petitions for review of an initial de¬ 
cision holding that Qantas* inclusive tour 


FEDERAL REGISTER, VOL 43, NO. 101-MONDAY, SEPTEMBER 10, 197$ 

















operation was not unlawful (Memo 8131 

OGC). 

STATUS: Open. 

PERSON TO CONTACT: 

Phyllis T. Kaylor, the Secretary, 
202-673-5068. 

SUPPLEMENTARY INFORMATION: 
The staff has requested that item 5 be 
deleted from the September 13, 1978, 
agenda. The staff expects to receive 
additional information and needs addi¬ 
tional time to incorporate the new in¬ 
formation. Item 11 is being deleted 
from the September 13 agenda be¬ 
cause the staff has not been able to 
complete the additional analysis of the 
unfair competition issues previously 
requested by Members of the Board. 
Accordingly, the following Members 
have voted that agency business re¬ 
quires the deletion of items 5 and 11 
and that no earlier announcement of 
these deletions was possible: 

Chairman, Alfred E. Kahn 
Member. Richard J. O'Mella 
Member, Elizabeth E. Bailey 

All amendments to previously an¬ 
nounced agendas are publicly posted 
at the Board’s offices, sent to the Fed¬ 
eral Register for publication, and 
mailed to parties to docketed cases af¬ 
fected by the change. We regret any 
inconvenience that may be caused by 
these changes or the delayed receipt 
of our notices. 

[S-1881-78 Filed 9-14-78; 10:22 am] 


[ 6355 - 01 ] 

4 

CONSUMER PRODUCT SAFETY 
COMMISSION. 

DATE AND TIME: September 21, 
1978; 9:30 a.m. 

LOCATION: Third floor hearing 
room, 1111 18th Street NW„ Washing¬ 
ton. D.C. 20207. 

STATUS: Partly open and partly 

closed. 

MATTERS TO BE CONSIDERED: 
(See following copy of agenda.) 

CONTACT PERSON FOR ADDI¬ 
TIONAL INFORMATION: 

Sheldon D. Butts, Assistant Secre¬ 
tary, Office of the Secretary, Con¬ 
sumer Product Safety Commission, 
Suite 30, 1111 18th Street NW., 
Washington. D.C., 20207, 202-634- 
7700. 

Commission meeting. Thursday, Septem¬ 
ber 21. 1978. 9:30 a.m., third floor hearing 
room. 1111 18th Street NW., Washington. 

D.C. 

Agenda 

A. Open to the public 

1. Recommendation to accept corrective 
action plan: Crosman Arms pellet pistol, ID 


SUNSHINE ACT MEETINGS 

77-84. The staff has recommended that the 
Commission accept the corrective action 
plan which Crosman has implemented to 
deal with a possible defect in certain carbon 
dioxide-powered 98 pistols it manufactures. 
Crosman has revised the design, and has 
modified the possibly defective pistols. The 
staff has also recommended that the Com¬ 
mission close this case, and not pursue a 
timeliness-of-reporting case. 

2. Recommendation to accept corrective 
action plan: Magnavox Consumer Electron - 
ics Co. color television, ID 78-93. The staff 
has recommended that the Commission 
accept the corrective action plan which 
Magnavox has implemented to deal with a 
possible shock hazard in certain color televi¬ 
sion it manufactures. Magnavox has noti¬ 
fied dealers, who will make the necessary re¬ 
pairs. and has modified its assembly-line 
procedures. The staff also recommended 
that the Commission not pursue a timeli- 
ness-of-reporting case. 

3. Recommendation to accept corrective 
action plan: Gould, Inc. and Airmaster Fan 
Co. fan motors, ID 78-23. The staff has rec¬ 
ommended that the Commission accept the 
corrective action plan in this case involving 
possibly defective insulation in fan motors 
which Gould manufactures for Airmaster, 
Gould is notifying customers, and replacing 
the switch. The staff also recommended 
that the Commission not pursue a timeli- 
ness-of-reporting case. 

4. Recommendation to close possible sub¬ 
stantial product hazard case: Airosol Co. 
engine starting fluid, ID 78-24. Based on its 
belief that possibly leaking spray cans man¬ 
ufactured in the fall of 1977 no longer 
expose consumers to a substantial risk of 
injury, the staff has recommended that the 
Commission close this case, and not pursue 
a timelines-of-reporting case. 

5. Recommendation to close possible sub¬ 
stantial product hazard case: Williams Fur¬ 
nace Co. gas wall furnace, ID 78-45. Based 
on its belief that these furnaces do not pose 
a substantial risk of injury to consumers, 
the staff has recommended that the Com¬ 
mission close this case, and not pursue a 
timeliness-of-reportlng case. 

6. Amendment to toy regulation concern¬ 
ing power cords. The Commission will con¬ 
sider amendments to 16 CFR Part 1605, Re¬ 
quirements for Electrically-Operated Toys 
pr Other Electrically-Operated Articles In¬ 
tended for Use by Children. The amend¬ 
ments would specify the minimum size of 
power cords for electrically-operated toys, 
and would allow the use of several types of 
cords for educational and hobby-type prod¬ 
ucts. The Commission previously considered 
this matter by ballot vote, but did not reach 
a decision. 

7. Final amendment to the safety standard 
for architectural glazing materials: Test 
equipment and procedures. In October. 
1977, the Commission proposed to amend 
the glazing standard to change the require¬ 
ments for xenon-arc weathering and also 
proposed several minor technical amend¬ 
ments to clarify the standard's intent. At 
this meeting, the Commission will consider 
the final version of those amendments. 

8. Final amendment to the safety standard 
for architectural glazing materials: Decora¬ 
tive glazing materials. • In March 1978, the 
Commission proposed to amend the glazing 
standard to enlarge the category of decora¬ 
tive glazing materials exempted from the 


41465 

standard. At this meeting, the Commission 
will consider the final version of the pro¬ 
posed amendment. 

9. Final rule to exempt certain ink car¬ 
tridges from labeling requirements. In re¬ 
sponse to a petition from the Parker Pen 
Co. (HP 77-4), the Commission, in Novem¬ 
ber 1977 proposed to exempt certain rigid or 
semi-rigid ink cartridges from labeling re¬ 
quirements of the Federal Hazardous Sub¬ 
stances Act. At this meeting, the Commis¬ 
sion will consider this proposed exemption. 
The staff and Commission discussed this 
matter at the September 13 briefing. 

B. Closed to the public 

10. Recommendation to close possible sub¬ 
stantial product hazard case: Chance Manu¬ 
facturing Co. “Yo Yo*' amusement ride, ID 
78-4. The staff has recommended that the 
Commission close this possible substantial 
product hazard case, and take other en¬ 
forcement action. 

CS-1884-78 Filed 9-14-78; 3:02 pm] 


[ 6570 - 06 ] 

5 

EQUAL EMPLOYMENT OPPORTU¬ 
NITY COMMISSION. 

“FEDERAL REGISTER” CITATION 
OF PREVIOUS ANNOUNCEMENT: 
S-1823 and 1860-78. 

PREVIOUSLY ANNOUNCED TIME 
AND DATE OF MEETING: 9:30 a.m. 
(eastern time), Wednesday, September 
13, 1978. 

CHANGE IN THE MEETING: The 
following item was added to the por¬ 
tion closed to the public: Discussion of 
Litigation Strategy. 

A majority of the entire membership 
of the Commission determined by re¬ 
corded vote that the business of the 
Commisson required this change and 
that no earlier announcement was pos¬ 
sible. 

In favor of change.—Eleanor Holmes 
Norton, Chair: Daniel E. Leach. Vice 
Chain and Ethel Bent Walsh, Commis¬ 
sioner. 

Opposed.—None. 

CONTACT PERSON FOR MORE IN¬ 
FORMATION: 

Marie D. Wilson, Executive Officer, 
Executive Secretariat, at 202-634- 
6748. 

This notice issued September 13, 
1978. 

CS-1883-78 Filed 9-14-78; 3:02 pm] 


[ 6740 - 02 ] 

6 

September 14, 1978. 

FEDERAL ENERGY REGULATORY 
COMMISSION. 

TIME AND DATE: 3 p.m., September 
14, 1978. 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 










41466 — 41536 

STATUS: Open. 

MATTERS TO BE CONSIDERED: 
Informational budget briefing to the 
Commission. 

CONTACT PERSON FOR MORE IN¬ 
FORMATION: 

Kenneth F. Plumb, Secretary, tele¬ 
phone 202-275-4166. 

[S-1887-78 Filed 9-14-78; 3:02 pm] 


[ 6720 - 02 ] 

7 

FEDERAL HOME LOAN MORT¬ 
GAGE CORPORATION. 

TIME AND DATE: 9:30 a.m., Septem¬ 
ber 22, 1978. 

PLACE: 1700 G Street NW.. sixth 
floor, Washington, D.C. 

STATUS: Open. 

CONTACT PERSON FOR MORE IN¬ 
FORMATION: 

Mr. Henry Judy. 202-789-4734. 

MATTERS TO BE CONSIDERED: 
Consideration of report on multifam¬ 
ily loans. 

No. 184, September 14, 1978. 

Ronald A. Snider, 
Assistant Secretary. 
[S-1888-78 Filed 9-14-78; 3:45 pm] 


[ 6730 - 01 ] 

8 

FEDERAL MARITIME COMMIS¬ 
SION. 

TIME AND DATE: 9 a.m., September 
15, 1978. 

PLACE: Room 12126, 1100 L Street 
NW., Washington. D.C. 20573. 

STATUS: Open. 

MATTER TO BE CONSIDERED: 1. 
Conditions unfavorable to shipping in 
the United States/Ecuador trade—Sec¬ 
tion 19, Merchant Marine Act. 1920. 

CONTACT PERSON FOR MORE IN¬ 
FORMATION: 

Joseph C. Polking, Assistant Secre¬ 
tary. 202-523-5725. 

[S-1882-78 Filed 9-14-78; 10:22 am] 


[ 6750 - 01 ] 

9 

FEDERAL TRADE COMMISSION. 

“FEDERAL REGISTER” CITATION 
OF PREVIOUS ANNOUNCEMENT: 
43 FR 38991, August 31, 1978. 

PREVIOUSLY ANNOUNCED TIME 
AND DATE OF THE MEETING: 10 
a.m., Wednesday, September 13. 1978. 

CHANGES IN THE AGENDA: The 
Federal Trade Commission has deleted 
an item from the agenda of its previ¬ 
ously announced open meeting of Sep¬ 
tember 13. 1978: 


SUNSHINE ACT MEETINGS 

(1) Consideration of Proposed Rule 
and Staff Report on Standards and 
Certifications. 

[S-1864-78 Filed 9-13-78; 10:29 am] 


[ 6750 - 01 ] 

10 

FEDFRAL TRADE COMMISSION. 

“FEDERAL REGISTER” CITATION 
OF PREVIOUS ANNOUNCEMENT: 
43 FR 38991, August 31, 1978. 

PREVIOUSLY ANNOUNCED TIME 
AND DATE OF THE MEETING: 10 
a.m., Wednesday, September 13. 1978. 

CHANGES IN THE AGENDA: The 
Federal Trade Commission has added 
an item to the agenda of its previously 
announced open meeting of Septem¬ 
ber 13. 1978: 

(4) Request of Business and Institu¬ 
tional Furniture Manufacturers Asso¬ 
ciation for an Advisory Opinion on the 
Use of a Mathematical Model to Fore¬ 
cast Industry-wide Furniture Ship¬ 
ment. 

[S-1865-78 Filed 9-13-78; 10:29 am] 


[ 7035 - 01 ] 

11 

INTERSTATE COMMERCE COM¬ 
MISSION. 

TIME AND DATE: 2 p.m., Tuesday. 
September 19, 1978. 

PLACE: Room 4225, Interstate Com¬ 
merce Commission Building, 12th and 
Constitution Avenue NW„ Washing¬ 
ton, D.C. 20423. 

STATUS: Closed Special Conference 
(in lieu of Open Special Conference 
previously scheduled). 

A majority of the Commission (Com¬ 
missioner Clapp was absent and did 
not participate) voted to close this 
conference because it is likely to dis¬ 
close information which if written 
would be contained in investigatory 
records compiled for law enforcement 
purposes, the production of which 
would interfere with enforcement pro¬ 
ceedings, deprive a person of a right to 
a fair trial, and disclose investigative 
techniques and procedures, within the 
meaning of 5 U.S.C. 552(c)(7) (A), (B), 
and (E). The General Counsel has 
issued his certificate accordingly. 

In addition to the Commission, the 
following will be in attendance: 

Managing Director’s Office.—Pierce Quin¬ 
lan. William Redmond. Esther Friedman, 
John Kratzke. and Richard Mooers. 

Commissioners’ Offices.—John O’Brien. 
Richard Felder, Lucille Streeter. Law¬ 
rence Richmond. George Green, Daniel 
King, and Owen Katzman. 

Bureau of Investigations and Enforce¬ 
ment.—Peter Shannon. Lewis Teeple. 
John Moseman, Clarence Jackson. Stanley 
Braverman, Joseph Teichert, Robert 
Gorin, and Raymond Mauk. 


Bureau of Operations.—Joel Bums, Robert 
Turkington, Richard Shullaw, John Mi¬ 
chael, and William Sibbald. 

Bureau of Accounts.—James Thomas, 
Ronald Young, and Richard Berman. 

Rail Services Planning Office.—Alan Fitz- 
water. 

Office of Communications.—Douglas Bal¬ 
dwin and Emily Stover. 

MATTERS TO BE CONSIDERED: 
Review of compliance program: 
Report on current investigations and 
prosecutions, including relationship of 
headquarters and field. 

CONTACT: 

Office of Communications, tele¬ 
phone 202-275-7252. 

CS-1889-78 Filed 9-14-78; 3:55 pm] 


[ 8010 - 01 ] 

12 

SECURITIES AND EXCHANGE 
COMMISSION. 

“FEDERAL REGISTER” CITATION 
OF PREVIOUS ANNOUNCEMENT: 
43 FR 40351, September 6. 1978. 

STATUS: Open meeting and closed 
meeting. 

PLACE: Room 825, 500 North Capitol 
Street, Washington, D.C. 

DATE PREVIOUSLY ANNOUNCED: 
Thursday, September 14, 1978. 

CHANGES IN THE MEETING: The 
following additional item will be con¬ 
sidered at an open meeting on Thurs¬ 
day, September 14, 1978, at 10 a.m.: 

Consideration of whether or not the Com¬ 
mission should extend the period for receipt 
of public comments on rules relating to 
shareholder communications, shareholder 
participation in the corporate electoral 
process and corporate governance generally, 
announced in Securities Exchange Act Re¬ 
lease No. 14970. For further information, 
please contact Barbara Leventhal at 202- 
755-1750. 

The following additional items will 
be considered at a closed meeting, im¬ 
mediately following the 10 a.m. open 
meeting, on Thursday, September 14, 
1978: 

Regulatory matter bearing enforcement 
implications. 

Settlement of injunctive action. 

The General Counsel of the Com¬ 
mission, or his designee, has certified 
that, in his opinion, the items to be 
considered,at the closed meeting may 
be considered pursuant to one or more 
of the exemptions set forth in 5 U.S.C. 
552b(c) (4), (8), (9)(A), and (10) 17 
CFR 200.402(a) (8), (9)(i), and (10). 

Chairman Williams and Commis¬ 
sioners Loomis, Evans, Pollack, and 
Karmel determined that Commission 
business required consideration of 
these matters and that no earlier 
notice thereof was possible. 

September 14. 1978. 

(S-1885-78 Filed 9-14-78; 3:02 pmJ 


FEDERAL REGISTER, VOL. 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 












MONDAY, SEPTEMBER 18, 1978 
PART II 



ENVIRONMENTAL 

PROTECTION 

AGENCY 


CONTROL OF AIR 
POLLUTION FROM NEW 
MOTOR VEHICLES AND 
NEW MOTOR VEHICLE 
ENGINES 

Federal Certification Test Results 
for 1978 Model Year 















41538 


NOTICES 


[ 6560 - 01 ] 

ENVIRONMENTAL PROTECTION 
AGENCY 

[FRL 968-4] 

CONTROL OF AIR POLLUTION FROM NEW 

MOTOR VEHICLES AND NEW MOTOR VEHI¬ 
CLE ENGINES 

Ftderol Certification Tott RotoHt for 1978 
Model Year 

Section 206(e) of the Clean Air Act, 
as amended August 1977 (42 U.S.C. 
7525), directs the Administrator of the 
Environmental Protection Agency to 
announce in the Federal Register the 
results of certification tests conducted 
on new motor vehicles and new motor 
vehicle engines to determine conform¬ 
ity with Federal standards for the con¬ 
trol of air pollution caused by motor 
vehicles. 

Federal Emission Standards 

The regultions that apply to the 
control of emissions from 1978 model 
year vehicles, appearing at 40 CFR 
Part 86. set maximum allowable emis¬ 
sion levels for new gasoline-fueled and 
diesel heavy-duty engines (for use in 
onhighway trucks and buses), motor¬ 
cycles. gasoline-fueled and diesel light- 
duty vehicles (passenger cars), and 
gasoline-fueled and diesel light-duty 
trucks. 

Heavy-duty engines are required to 
meet emission standards of 16 grams 
per brake-horsepower hour (g/bhp-hr) 
for hydrocarbons (unbumed gasoline) 
plus oxides of nitrogen (measured as 
NO,) and 40 g/bhp-hr for carbon mon¬ 
oxide (a poisonous gas). In addition, 
diesel heavy-duty engines must meet 
Federal smoke emission standards of 
20 percent opacity during acceleration, 
15 percent opacity during lugging, and 
50 percent opacity during the peaks in 
either the acceleration or lugging 
mode. The opacity standards limit the 
darkness of the exhaust smoke to a 
light gray haze. 

Motorcycles with engine displace¬ 
ments of 50 to 169 cc (class I) are re¬ 
quired to meet a hydrocarbon emis¬ 
sions standard of 5 grams per kilome¬ 
ter (5 g/km or 8 g/mi); those with 
engine displacements of 170 to 750 cc 
(class II) must meet a standard which 
falls between 5 and 14 g/km (8 and 
22.5 g/mi), the exact level value vary¬ 
ing directly with engine displacement; 
those with engines displacements 
above 750cc (class III) are required to 
meet a standard of 14 g/km (22.5 g/ 
mi), the carbon monoxide standard is 
17 g/km (27.4 g/mi) for all motorcy¬ 
cles. There is no motorcycle standard 
for oxides of nitrogen. 

Federal exhaust emission standards 
allow 1978 model year gasoline-fueled 
and diesel light-duty vehicles to emit 
no more than 1.5 grams per mile (g/ 


mi) of hydrocarbons, 15 g/mi of 
carbon monoxide, and 2.0 g/mi of 
oxides of nitrogen from the tailpipe. 
Light-duty trucks (less than 6,000 
pounds gross vehicle weight) are al¬ 
lowed to emit no more than 2.0 g/mi 
of hydrocarbons, 20 g/mi of carbon 
monoxide, and 3.1 g/mi of oxides of ni¬ 
trogen. The standards for gasoline- 
fueled vehicles prohibit all crankcase 
emissions and limit the loss of gasoline 
by evaporation from the carburetor 
and fuel tank to no more than 6.0 
grams per test. 

Prior to the enactment of the 
August 1977 Clean Air Act Amend¬ 
ments. light-duty vehicles and light- 
duty trucks intended for sale at alti¬ 
tudes above 4,000 feet were required to 
demonstrate compliance with emission 
standards when operated at elevated 
altitudes. Certain vehicles were conse¬ 
quently tested at high altitude (one 
test required per engine family). Be¬ 
cause the Clean Air Act Amendments 
now permit all certified light-duty ve¬ 
hicles to be sold at either low or high 
altitudes, it is no longer possible (or 
appropriate) to distinguish carlines 
certified for sale above 4.000 feet. 
Since the bulk of high-altitude testing 
was completed prior to the amend¬ 
ments’ passage, however, the attached 
light-duty vehicle and truck report 
designates those vehicles tested at alti¬ 
tudes above 4,000 feet with an asterisk 
(•) preceding the model name. 

The State of California exhaust 
emission standards (established under 
a waiver granted under section 209 of 
the Clean Air Act) allow 1978 model 
year gasoline-fueled light-duty vehi- 
cles~to emit no more than 0.41 g/mi of 
hydrocarbons, 9 g/mi of carbon mon¬ 
oxide, and 1.5 g/mi of oxides. Gaso¬ 
line-fueled light-duty trucks must emit 
no more than 0.9 g/mi of hydrocar¬ 
bons, 17 g/mi of carbon monoxide, and 
2.0 g/mi of oxides of nitrogen. The 
EPA does not require that a vehicle 
meet the stricter California standards 
in order to obtain Federal certifica¬ 
tion. The test vehicles and carlines 
that are designed to meet the Califor¬ 
nia standards are identified in the 
light-duty listing below by a “C” pre¬ 
ceding the model name. 

Federal Certification Procedures 

Under the provisions of the Clean 
Air Act, it is unlawful to offer for sale 
new motor vehicles or engines which 
are not in conformity with Federal 
regulations. Prior to the beginning of 
each model year, automobile, motorcy¬ 
cle. and heavy-duty engine manufac¬ 
tures apply to the Administrator of 
the Environmental Protection Agency 
for a certificate of conformity for each 
model they wish to produce for that 
model year. The Federal regulations 
prescribe a number of requirements 
which a manufacturer must meet 


before the Administrator will grant a 
certificate of conformity. 

Prior to production, light-duty vehi¬ 
cle manufacturers are required to pro¬ 
vide the Administrator with extensive 
test data demonstrating the effective¬ 
ness and durability of the emission 
control systems over the useful life of 
the vehicles (50,000 miles). The data 
are collected from prototype test vehi¬ 
cles that are selected and tested in ac¬ 
cordance with EPA regulations. In ad¬ 
dition to the submission of test data 
on prototype test vehicles, the manu¬ 
facturers are required to deliver cer¬ 
tain test vehicles to the Motor Vehicle 
Emissions Laboratory at Ann Arbor, 
Mich. At this facility, the vehicles are 
retested to assure conformity with the 
regulations. 

The process of selecting vehicles for 
testing reflects EPA’s prior classifica¬ 
tion of a manufacturer’s product line 
into “engine families”—groups of en¬ 
gines expected to have similar emis¬ 
sion characteristics throughout their 
useful life—and “evaporative emission 
families”—groups of vehicles which 
are expected to have similar evapora¬ 
tive emission characteristics through¬ 
out their useful life. Vehicles associat¬ 
ed with each engine family are divided 
into two separate fleets. The emission- 
data fleet vehicles are tested after the 
accumulation of 4,000 miles. The pur¬ 
pose of the emission-data fleet is to de¬ 
termine the stabilized exhaust emis¬ 
sion levels of new motor vehicles. The 
second fleet, known as the durability- 
data fleet, is made up of prototype ve¬ 
hicles which are driven for 50,000 
miles and tested every 5,000 miles. The 
durability-data fleet is tested in order 
to establish “deterioration factors” 
which are adjustments that account 
for the decrease in an exhaust emis¬ 
sion control system’s efficacy over its 
expected useful life. (Evaporative 
emission families are also represented 
by emission-data fleets, but not by du¬ 
rability-data fleets: evaporative emis¬ 
sion deterioration factors may instead 
be derived from a variety of proce¬ 
dures, including bench testing or mul¬ 
tivehicle comparison, as well as testing 
a single vehicle w'hich has run for 
50,000 miles.) 

Once test data results are obtained 
from the emission-data vehicles, the 
emission levels are adjusted by the de¬ 
terioration factors, in accordance with 
the procedures specified in the regula¬ 
tions, to determine whether the emis¬ 
sion-data vehicle would be in compli¬ 
ance with emission standards over the 
expected useful life of the vehicle. If 
all the motor vehicles in an engine 
family/evaporative emission family 
combination so tested are found to 
conform with the regulations, the 
manufacturer is granted a certificate 
of conformity. 


FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 





NOTICES 


41539 


The Federal emission test procedure 
for light-duty vehicles and light-duty 
trucks is designed to simulate two 
average trips of 7.5 miles in an urban 
area. The vehicle is operated on a 
chassis dynamometer through a speci¬ 
fied driving schedule. The first trip 
begins with a cold engine startup, and 
the second trip begins with a hot 
engine startup. There is a 10-minute 
interval between trips. The cold oper¬ 
ation trip is weighted 43 percent and 
the hot operation trip 57 percent to re¬ 
flect the fact that two of the 4.6 trips 
made by the average vehicle each day 
are begun from a cold start. Through¬ 
out these tests all emissions through 
the exhaust pipe are collected and the 
levels of hydrocarbons, carbon monox¬ 
ide, and oxides of nitrogen are meas¬ 
ured. A vehicle tested for evaporative 
emissions is placed in a sealed cham¬ 
ber for 1 hour prior to the cold engine 
startup and 1 hour immediately after 
the hot engine operation trip. During 
these periods hydrocarbon emissions 
attributable to gasoline evaporation 
are collected and measured. 

The motorcycle testing procedure re¬ 
sembles the light-duty vehicle method 
in that the emissions test is designed 
to simulate a typical urban trip involv¬ 
ing both a hot and cold engine startup, 
but a single certification vehicle is 
used to provide both durability and 
emission data. Each motorcycle is 
tested at least four times to obtain 
data for calculation of a deterioration 
factor: Once at a designated minimum 
distance (2,500 or 3,500 kilometers, de¬ 
pending on displacement class), once 
before and once following periodic 
maintenance, and once at the total 
test distance (6,000, 9,000, or 15,000 ki¬ 
lometers, depending on displacement 
class) estimated to represent half the 
useful life of the vehicle class. The 
same certification vehicle is then 
tested again to generate the emission- 
data results to which the deterioration 
factor is applied to obtain certification 
levels. Motorcycles are not tested for 
evaporative emissions. 

The heavy-duty engine testing pro¬ 
cedure, like the light-duty vehicle pro¬ 
cedure, groups test engines into dura¬ 
bility- and emission-data fleets. In¬ 
stead of simulating a driving cycle, 
however, the heavy-duty exhaust test 
measures emissions collected at var¬ 
ious engine loadings at two or three 
constant engine speeds (for gasoline- 
fueled engines, idle and 2,000 revolu¬ 
tions per minute: for diesel engines, 
idle, the speed setting corresponding 
to maximum horsepower, and the 
speed setting corresponding to maxi¬ 
mum torque or 60 percent of the maxi¬ 
mum horsepower setting, whichever is 
higher). Emission-data heavy-duty en¬ 
gines accumulate 125 hours of service 
on an engine dynamometer before the 
emission test, and durability gasoline- 


fueled heavy-duty engines and durabil¬ 
ity diesel heavy-duty engines accumu¬ 
late 1,500 and 1,000 hours of service, 
respectively. Heavy-duty engines are 
not tested for evaporative emissions. 

Federal Certification Data 

Listed below are the emission levels 
of each heavy-duty engine, motorcy¬ 
cle, light-duty vehicle, and light-duty 
truck which was tested as an emission- 
data vehicle or engine, as adjusted by 
the deterioration factors discussed 
above. 

The vehicles and engines listed rep¬ 
resent all of the models and configura¬ 
tions certified as of August 1, 1978. 

The emission data listed below were 
obtained from the original emission- 
data vehicles and engines. In some 
cases, manufacturers have submitted 
requests to * perform “running 
changes" on already certified configu¬ 
rations. EPA has authorized manufac¬ 
turers to make such running changes 
if a review of the test data and techno¬ 
logical information has shown that 
the proposed modifications do not 
cause the vehicles or engines to exceed 
the standards. The data listed below 
do not indicate the effect of running 
changes, except where a running 
change has added a new engine or car- 
line to a previously certified family. 

Fuel economy information is not in¬ 
cluded in this publication. Fuel econo¬ 
my information of 1978 cars and light 
trucks is available by writing for the 
EPA/Department of Energy “1978 
Gas Mileage Guide" at: Fuel Economy. 
Pueblo, Colo. 81009. The “1978 Gas 
Mileage Guide" is also available at 
new-car dealer showrooms. 

The various systems that comprise 
the test vehicles' exhaust emission 
control systems are listed individually. 
The following abbreviations will be 
used in the subsequent sections of this 
report: 

Exhaust emission control systems: 

AIR = air injection. 

EGR = exhaust gas recirculation. 

EM=engine modification. 

FI=fuel injection. 

OC=oxidation catalyst. 

RC=reduction catalyst. 

SPL=smoke puff limiter. 

TR = thermal reactor. 

TWC=three-way catalyst. 

OTR=other. 

Evaporative emission control sys¬ 
tems: 

CAN = carbon canister storage. 

CRK= crankcase storage. 

NON=none. 

Methods of engine air aspiration 
(heavy-duty diesel engines): 

A=aftcrcooled. 

N = natural. 

T= turbocharged. 

The following heavy-duty and mo¬ 
torcycle reports are arranged alpha¬ 


betically by manufacturer. The for¬ 
mats of these reports are self-explana¬ 
tory and require no further comment. 

The following light-duty vehicle and 
truck report is divided into four main 
sections: Light-duty vehicles, light- 
duty trucks, diesel light-duty vehicles, 
and diesel light-duty trucks. Each of 
the sections is subdivided alphabetical¬ 
ly by manufacturer, with each manu¬ 
facturer’s data in turn categorized 
under “family combinations certified" 
and “evap-emissions families." The 
“family combinations certified" sec¬ 
tion identifies, in the leftmost column 
of the report, the name of the exhaust 
emission family/evaporative emission 
family combination to which EPA 
issues a certificate, the displacement 
(measured in cubic inches) of all en¬ 
gines within the combination, and the 
names of all carlines covered (and cer¬ 
tified) by that particular exhaust 
emission/evaporative emission family 
combination. (Note that the listing of 
carlines covered is arranged vertical¬ 
ly.) All data arrayed to the left of the 
“carlines covered" column—i.e., the 
“vehicle carline represented," “emis¬ 
sion control system," etc.—is arranged 
horizontally, with each line of data de¬ 
scribing one of the emission-data vehi¬ 
cles selected and tested by EPA to de¬ 
termine the emission levels achieved 
by the exhaust emission family por¬ 
tion of the combination. Vehicles 
which were tested to determine com¬ 
pliance for both the exhaust emission 
and the evaporative emission compo¬ 
nents of the combination are marked 
with an asterisk (•). (A complete list¬ 
ing of all test vehicles belonging to 
each evaporative emission family is 
provided in the “evap-emission family" 
section described below.) Directly be¬ 
neath this array of exhaust emission 
data are printed the deterioration fac¬ 
tors achieved by both the exhaust 
emission and evaporative emission 
family components of the combina¬ 
tion. This listing of combination name, 
carlines covered by the certificate, ex¬ 
haust emission-data vehicle results, 
and the combination’s deterioration 
factors will be repeated for as many 
combinations as the manufacturer has 
certified. 

After the “family combinations cer¬ 
tified" section the manufacturer’s 
“evap-emission families" are described 
in detail. The report prints the name 
of each evaporative emission family in 
the “exh-emiss family/evap-emiss 
fam" column and then describes, for 
each evaporative emission family, the 
evaporative emission-data vehicles 
whose test results have supported cer¬ 
tification. Data on the vehicles within 
each evaporative emission family are 
arranged horizontally, with each line 
of the report corresponding to a dis¬ 
tinct vehicle configuration. 


FEDERAL REGISTER, VOL. 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 






41540 


NOTICES 


This publication should not be con¬ 
strued as an endorsement by the Envi¬ 
ronmental Protection Agency of any 
manufacturer’s vehicles or engines. 

Dated: August 31. 1978. 

David G. Hawkins, 
Assistant Administrator, Office 
of Air, Noise and Radiation. 


T 






\ 




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FEDERAL REGISTER. VOL 43, NO. 181—MONOAY, SEPTEMBER 18, 1978 



























41542 


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FEDERAL REGISTER, VOL. 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 
























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NOTICES 




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FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 

















FEDERAL REGISTER. VOL 43. NO 181— MONDAY. SEPTEMBER 18, 1978 

























FEDERAL REGISTER, VOL 43. HO. 181—MONDAY, SEPTEMBER 18. 1978 






















41552 


NOTICES 



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FEDERAL REGISTER. VOL. 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 







































FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 






















' EXHAUST EMISSIONS 

FAMILY INFORMATION: TEST ENGINE INFORMATION: (GN/bHP-IJR) 


41556 


NOTICES 


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FEDERAL REGISTER, VOL. 43, NO. 181— MONDAY, SEPTEMBER 18, 1978 









41558 


NOTICES 


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FEDERAL REGISTER, VOL. 43, NO. 181— MONDAY, SEPTEMBER 18, 1978 









1978 riODtL TEAR HOTORCTCLES 


NOTICES 


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FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 






















NOTICES , 


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FEDERAL REGISTER, VOL. 43, NO. 161— MONDAY, SEPTEMBER 18, 1978 










41562 


NOTICES 


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41568 


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FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 


















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41636 


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FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 












NOTICES 


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