Federal Register Vol. 38, No. 214, November 7, 1973 [PDF 160207 KB]

136 Pages·2017·24.26 MB·English

WEDNESDAY, NOVEMBER 7, 1973
WASHINGTON, D.C.
HIGHLIGHTS OF THIS ISSUE
This listing does not affect the legal status
of any document published in this issue. Detailed
table of contents appears inside.
WATERGATE SPECIAL PROSECUTION FORCE—Justice
Department establishes office.....................-............... 30738
PHASE IV PRICES—CLC regulation regarding increases
in volatile pricing of raw materials............................... 30733
TOXIC MATERIALS—HEW requests data regarding ex­
Z posure to certain chemical and airborne dust contami­
o
< nants; comments by 2-6-74............................-.......... 30765
fl»
3cr COST ACCOUNTING—Cost Accounting Standards Board
o establishes standards regarding negotiated national de­
fense contracts; effective date reserved...................... 30730
NEW ANIMAL DRUGS—FDA proposal regarding dosage
10 requirements for feed blocks; comments by 1-7-74 ...... 30746
NJ
w
ANTIDUMPING—Treasury announces 6-month withhold­
■0 ing of appraisement on picker sticks from Mexico; com­
o» ments by 12—7—73-.................-....................-............ 30751
0Q
(fi
W
MEETINGS—
W Commerce: Computer Systems Technical Advisory Com­
O
NJ mittee, 11—15—73...................-u-..........................-— 30754
HEW: National Advisory Council on Services and Facili­
ties for the Developmentally Disabled, 11—16 and
U) 11-17-73 ...__________-----................;.......-.............. 30766
O
00 U.S. National Committee on Vital and Health Statis­
en tics, 12—4 and 12—5—73..................................—— 30765
CO
Chemical/Biological Information-Handling Review
Committee, 11—27—73................................ 30766
— -----
Radiological Health Research and Training Grants
Review Committee, 11—13—73.——:......................- 30764
(Continued inside)
PART II:
AIR QUALITY STANDARDS—EPA approves and
disapproves in part transportation control plans
from Colorado, Springfield, .Mass., Minnesota, and
Oregon (4 documents)___30818, 30825, 30827, 30832
PART III:
SMALL BUSINESS INVESTMENT COMPANIES—
SBA revises regulations effective 11—7—73.......... 30835
PART IV:
HEALTH SERVICES—CLC proposal regarding in­
stitutional and noninstitutional providers of
medical care; comments by 12—1—73................- 30849
No. 214—Ft. I------1
HIGHLIGHTS——Continued
Pulmonary-Allergy and Clinical Immunology Advisory
Music Consultants, 11-8, 11-9 and 11-10-73...... 30788
Committee, 11-20-73....................................... 30764
National Manpower Advisory Committee Subcommittee
Interior: Arizona Strip District Advisory Board.
on Professional, Scientific and Technical Manpower
12-6-73 ............—......— ...............................„ 30752
11-16-73 .......................................................r.....: 30789
Independence National Historical Park Advisory
NASA: Historical Advisory Committee, 11-16 and
Commission, 11-15-73.........................................’ 30753
Emergency Petroleum Supply Committee and the Sup­ 11- 17-73 ...................................—...........-.....-.......... 30788
ply and Distribution Subcommittee, 11-8-73............. 30753 Veterans Administration: Medical Research Service
FCC: Cable Television Technical Advisory Committee, Merit Review Board (14 meetings) 12-4 through
11-19-73 ........................... ;. 30773 12- 18-73 ........... ................ . ................................... .........30797
STATE: Advisory Committee on Voluntary Foreign Aid, AEC: U.S. Nuclear Data Committee, 11-28 and
11-15-73 .......7..................................................30751 11-29-73 .................................................__ 30768
National Foundation on the Arts and the Humanities: CLC: Labor-Management Advisory Committee
Theatre Advisory panel, 11-17 and 11-18-73....... 30788 11-13-73 .....................:....................................... 30772
& I -SVOMAL
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FEDERAL REGISTER, VOL. 38, NO. 214— WEDNESDAY, NOVEMBER 7, 1973
Contents
AGENCY FOR INTERNATIONAL COAST GUARD EDUCATION OFFICE
DEVELOPMENT Rules and Regulations Proposed Rules
Exemplary projects in vocational
Notices --; j Baltimore Harbor, Maryland; an­ education; criteria, selection,
Advisory Committee on Voluntary chorage grounds...----------— - 30740 and receipt of applications----- 30747
Foreign Aid; meeting—--------- 30751 Certain records and duplicate
Mission Director and Deputy documents, certificates, or li­ ENERGY POLICY OFFICE
Mission Director in Indonesia; censes; fees and charges------... 30740 Rules and Regulations
delegation of authority----¡a----- 30751 COMMERCE DEPARTMENT Mandatory allocation program for
AGRICULTURAL MARKETING SERVICE See also Domestic and Interna­ middle distillate fuels; removal
of limitation imposed by term
Rules and Regulations tional Business Administration; "customs territory of the United
Maritime Administration; Na­
Expenses and rate of assessment States (2 documents)___ 30739, 30740
tional Technical Information
for 1973-74 crop year:
California Date Administrative Service; Social and Economic ENGINEERS CORPS
Statistics Administration.
Committee---------------------- 30734 Rules and Regulations
Raisin Administrative Commit­ Notices St. Lawrence River, ifew York;
tee ________________________- 30734 Audits Office; organization and navigation; revocation— .------ 30740
Meat and Poultry Inspection Pro­ functions_______________«------ 30757
gram; laboratory rate increase. 30734 Maritime Administration; orga­ ENVIRONMENTAL PROTECTION AGENCY
Notices nization and creation of posi­ Rules and Regulations
Grain standards; Washington in­ tion -----------------------------— 30757 Transportation Control Plans; ap­
spection points; correction—— 30754 Social and Economic Statistics proval and promulgation:
Administration; Organization Colorado ------------------- 30818
AGRICULTURE DEPARTMENT and functions--------------------- 30760 Massachusetts ________________ 30827
See also Agricultural Marketing Minnesota--------------- 30832
COMMITTEE FOR THE PURCHASE OF
Service; Animal and Plant Oregon______________ —------- 30825
PRODUCTS AND SERVICES OF THE
Health Inspection Service.
BLIND AND OTHER SEVERELY HANDI­ Notices
Notices CAPPED Interstate motor carrier noise
Blackfeet Indian lands in Mon­ Notices emission standards; availability
tana; feed grain donations------ 30754 of public background document;
Products of the severely handi­
extension of time for comments. 30773
AIR FORCE DEPARTMENT capped ; addition to procurement
list of 1973___._______________ 30772 Nebraska; state program ap­
Rules and Regulations proval for control of discharges
Air Force Board for Correction of COST ACCOUNTING STANDARD BOARD to navigable waters--------------- 30773
Military Records; delegation of Rules and Regulations FEDERAL AVIATION ADMINISTRATION
authority-------------------------- 30739 Cost accounting period; standards
Rules and Regulations
ANIMAL AND PLANT HEALTH regarding negotiated national
INSPECTION SERVICE defense contracts______________ 30730 Control zone and transition area;
Negotiated defense prime con­ alteration ____________________ 30736
Rules and Regulations tracts and subcontracts.------- 30725 Transition area:
Areas released from quarantined: Alteration (3 documents) _ 30737,30738
Exotic Newcastle disease--------- 30735 COST OF LIVING COUNCIL Designation (4 documents)— 30736,
Scabies in cattle_______________ 30735 Rules and Regulations 30737
Meat and Poultry Inspection Pro­
Phase n volatile pricing authori­
gram; laboratory rate increase. 30736 FEDERAL COMMUNICATIONS
zations; expiration— ------------ 30733
COMMISSION
ARMY DEPARTMENT
Proposed Rules Rules and Regulations
See Engineers Corps.
Health care; Phase IV regula­ Special Industrial Radio Service;
ATOMIC ENERGY COMMISSION tions _____ 30849 allocation of frequencies--------- 30741
Notices Notices Proposed Rules
Consumers Power Company; fur­
Institutional providers of health Dual-language TV/FM program­
ther prehearing conference____ 30767
services; criteria for determin­ ming in Puerto Rico; extension
Detroit Edison Company; receipt
ing new properties, services or of comment period---------------- 30748
of application for construction
markets-----------------------—- 30798 FM Broadcast stations:
permits_____’________________ 30768
Labor-Management Advisory Com­ Beaufort, South Carolina-----— 30748
Regulatory guides; issuance and mittee; determination to close Lexington, Missouri-------------- 30748
availability__________________ 30767
meeting--------------------------- 30772
U.S. Nuclear Data Committee; Notices
meeting____________ 30768 DEFENSE DEPARTMENT Cable Television Technical Ad­
Virginia Electric and Power Com­ visory Committee; meeting----- 30773
See Air Force Department; Engi­
pany; hearing._______________ 30767 Southern Radio and Television
neers Corps.
Corp.; renewal of license-------- 30774
CIVIL AERONAUTICS BOARD DOMESTIC AND INTERNATIONAL Standard broadcast applications;
Notices BUSINESS ADMINISTRATION availability for processing-------- 30774
American Airlines, Inc., et al; WLCY-TV, Inc.; application for
fuel allocation program________ 30769 Notices construction permit-------------- 30775
Eastern Airlines, Inc.; prehearing Computer Systems Technical Ad­
<Continued on next page)
conference___________ 30772 visory Committee; meeting— - 30754
30719
FEDERAL REGISTER, VOL 38, NO. 214— WEDNESDAY, NOVEMBER 7, 1973
30720 CONTENTS
FEDERAL CONTRACT COMPLIANCE FISH AND WILDLIFE SERVICE INTERIOR DEPARTMENT
OFFICE
Rules and Regulations See also Fish and Wildlife Serv­
Rules and Regulations Bosque Del Apache Nàtional Wild- ice; Land Management Bureau;
National Park Service; Oil a.r><j
Prime contractor and subcontrac­ life Refuge, New Mexico; hunt­
tor; access to records and site ing (2 documents)___________ 30743 Gas Office.
of employment_________________ 30741 Sport fishing: Notices
Bosque Del Apache National
Environmental impact statements;
FEDERAL DISASTER ASSISTANCE Wildlife Refuge, New Mexico. 30743 availability:
ADMINISTRATION Necedah National Wildlife Ref­ Master plan for Mount Rainier
uge, Wisconsin______________ 30743
Notices National Park, Wash________ 30753
FOOD AND DRUG ADMINISTRATION Pond-Poso Improvement Dis­
Major disaster and related deter­ trict, CaUf_.--------------------- 30753
minations: Proposed Rules Proposed master plan for Ha­
Missouri______________________ 30766 Animal feed blocks; new animal waii Volcanoes National Park,
Nebraska____________;________ 30766 drug requirements. _______ 30746 Hawaii---------1.--------------- 30753
Notices Proposed natural resources
FEDERAL POWER COMMISSION management plan for Hawaii
j Certain combination antacid-
Volcanoes National Park_____ 30754
Proposed Rules anti-cholinergic drugs; cor­
Proposed wilderness areas; Ha­
rection •___ 30764
Imputed rate of return on juris­ waii Volcanoes National Park. 30754
LaWall and Harrison Research
dictional rate base; termination Wilderness proposal for Mount
Laboratories, Inc.; withdrawal
of rulemaking proceeding;' cor­ Rainier National Park.______ 30754
of petition for food additives___ 30764
rection _____,______________.___ 30749
Meetings:
INTERSTATE COMMERCE COMMISSION
Notices Pulmonary-Allergy and Clinical
Immunology Advisory Com­ Rules and Regulations
Alaska Power Survey; Technical
Advisory Committee on Eco­ mittee ....__________ 30764 Car service:
nomic Analysis and Load Pro- Radiological Health Research Central Iowa Railroad and De-
jection; meeting______._____ 30776 and Training Grants Review velopment Co____ 30742
Committee______...________ 30764 Lumber and plywood; restric­
Hearings, etc.:. tions on reconsigning________ 30742
GENERAL SERVICES ADMINISTRATION
Algonquin Gas Transmission Notices Proposed Rules
Co ______________________ 30776
Boston Edison Co____________ t 30776 Federal property management Lease and interchange of vehicles ;
Consolidated Gas Supply Corp_ 30776 regulations; delegations of au­ extension of comment period__ 30750
Dan River Inc____________ 30781 thority (2 documents)___ 30787, 30788 Notices
Duke Power Co_________.l-.____ 30776 HEALTH, EDUCATION, AND WELFARE Assignment of hearings (2 doc­
Florida Gas Transmission Co. DEPARTMENT uments) ______ 30798
and United Gas Pipe Line Co_ 30776 Exemption under the mandatory
See Education Office; Food and
Georgia Power Co________ 30777 car service rule:
Drug Administration; Health
Great Lakes Gas Transmission Atlanta and West Point Rail
Resources Administration; Na­
C o_____________ 30777 Road Co;, et al____________ 30798
tional Institute for Occupational
Gulf Oil Corp__.____ 30777 Erie Lackawanna Railway Co__ 30806
Safety and Health; National
Gulf States Utilities Co________ 30781 Missouri-Kansas Railroad Co.,
Institutes of Health; Social and
D. L. Hannifin, et al________ 30781 and St. Louis-San Francisco
Rehabilitation Service; Social
Hughes and Hughes___________ 30778 Railway Co___;_____________ 30806
Security Administration.
Idaho Power Co_______________ 30782 Norfolk and Western Railway
Interstate Power Co__________ 30778 HEALTH RESOURCES ADMINISTRATION Co., and Penn Central Trans­
Kentucky Utilities Co__________ 30782 portation Co________________ 30806
Notices
Illinois Power Co____________ 30778 Seaboard Coastline Railroad
Louisiana-Nevada Transit Co_ 30782 U.S. National Committee on Vital Co ------------------:__________ 30799
Marathon Oil Co________________30778 and Health Statistics; meet­ Expiration of third revised exemp­
McCulloch Oil Corp of Texas_ 30783 ing------_____---------------------- 30765 tion No. 22, ex parte 241_______ 30806
Michigan Wisconsin Pipe Line Fourth section application for re­
HOUSING AND URBAN DEVELOPMENT
Co. et al___:.______________ 30779 DEPARTMENT lief ______ 30799
Mobil Oil Corp______________ 30779 Motor carrier alternate route de­
See Federal Disaster Assistance
Natural Gas Pipeline Co. of viations____________ 30799
Administration.
America____________________ 30779 Motor carrier applications and
Northern Natural Gas Co______ 30780 IMMIGRATION AND NATURALIZATION certain other proceedings____ 30800
Ohio Power Co____________ 30783 SERVICE Southern Railway Co.; abandon­
Otter Tail Power Co. et al______ 30783 ment of trackage rights________ 30805
Rules and Regulations
Pacific Gas Transmission Co___ 30784
Pennsylvania Electric Co______ 30784 Prescribed forms; notice to appli­ JUSTICE DEPARTMENT
Phillips Petroleum Co_________ 30784 cant for admission detained for See Immigration and Naturaliza­
Public Service Co. of Indiana. _ 30780 hearing before Special Inquiry tion Service.
Public Service Co. of Oklahoma. 30784 Officer; correction____________ 30735
Rodman Corp_________________ 30784 Rules and Regulations
Roseau Electric Cooperative, INTERIM COMPLIANCE PANEL (COAL Office of Watergate Special Pros­
MINE HEALTH AND SAFETY) ecution Force; establishments_ 30738
Inc — ...------------------------ 30785
Notices
Southern Natural Gas Co____ 30785 Valley Camp Coal Co.; applica­ LABOR DEPARTMENT
Stone Oil Corp___________ 30780
tion for renewal permit; oppor­ See also Occupational Safety and
Texas Gas Transmission Corp. 30786 tunity for public hearing. 30788 Health Administration.
FEDERAL REGISTER, VOL. 38, NO. 214— WEDNESDAY, NOVEMBER 7, 1973
30721
CONTENTS
NATIONAL PARK SERVICE Methods of transmitting orders
Notices and other official papers; pro­
Investigation regarding adjust­ Notices posed amendment----------------- 30749
ment assistance: Independence National Historical Selection of nonvolunteer for al­
Don Gustin Shoe Co. Inc------- 30797 Park Advisory Commission; ternate service; proposed
Nina Footwear Co. Inc— ----- 30797 meeting______________________ 30753 amendments---------------------- 30749
UND MANAGEMENT BUREAU NATIONAL TECHNICAL INFORMATION SMALL BUSINESS ADMINISTRATION
Notices SERVICE Rules and Regulations
Arizona Strip District Advisory Notices Small Business Investment Com­
Board; meeting-------------—— 30752 Government-owned inventions; panies; revision________________ 30835
Oregon; withdrawal and reserva­ availability for licensing--------- 30755
tion of land——-----—-------— 30752 Notices
Wisconsin; filing of plat of survey OCCUPATIONAL SAFETY AND HEALTH First Investment Corporation of
(2 documents)--------------------- 30752 ADMINISTRATION Idaho: Application for license
as a small business investment
MARITIME ADMINISTRATION Proposed Rules
company______________________ 30796
Notices Environmental impact state-
Buis liQUid chemical carriers; ih- menta; proposed procedure.— 30744 SOCIAL AND ECONOMIC STATISTICS
ADMINISTRATION
tention to issue environmental 0|L AND OFFICE
impact statement_____________ 30755 Notices
Notices Survey of retail sales, purchases,
NATIONAL AERONAUTICS AND SPACE Emergency Petroleum Supply and inventories; consideration
ADMINISTRATION Committee and Supply and Dis- to continue survey---------------- 30763
Notices tribution Subcommittee; meet-
SOCIAL AND REHABILITATION SERVICE
NASA Historical Advisory Com- in&-------------------------------------30753
Notices
mittee; meeting------------------ 30788 SECURITIES AND EXCHANGE
National Advisory Council on
NATIONAL ENDOWMENT FOR THE ARTS COMMISSION Services and Facilities for the
Notices Notices Developmentally D isabled ;
Architecture and Environmental earings, etc.: meeting_________-— ----------- 30766
Program; special instructions American Bancshares Fund,
and procedures for submitting Tnr._________________ 30790 SOCIAL SECURITY ADMINISTRATION
city options grant applications— 30789 BBT, Inc___________—________ 30794 Proposed Rules
Columbia Gas. System, Inc., et Income for aged, blind and dis­
NATIONAL FOUNDATION FOR THE ARTS a l________________ 30790 abled; eligibility and payment
AND THE HUMANITIES Equity Funding Corporation of factors; correction_____ ’-------- 30748
America_________ 30794
Notices
Indiana & Michigan Electric Co. 30790 STATE DEPARTMENT
Meetings:
Jersey Central Power & Light See Agency for International De­
Music Consultants--------------- 30788
Co — ___——_______30795 velopment.
Theatre Advisory Panel---------- 30788
Metropolitan Edison Co—----------- 30791
NATIONAL INSTITUTE FOR OCCUPA­ Middle South Utilities, Inc----- 30795 TARIFF COMMISSION
TIONAL SAFETY AND HEALTH Penn General Agencies, Inc----- 30794 Notices
Pennsylvania Life Co------------- 30794 Convertible game tables and com­
Notices
Royal Properties Inc------------- 30796 ponents thereof; rescheduling of
Certain airborne dust contami­ Science Investments, Inc-------- 30796 date set for resumption of hear­
nants and chemical agents; re­ State Mutual Life Assurance ing ______________________^----- 30797
quest for information------------- 30765 Company of America (2 docu­
ments) _____________ 30792, 30793 TRANSPORTATION DEPARTMENT
NATIONAL INSTITUTES OF HEALTH Triex International Corp_------ 30794 See Coast Guard; Federal Avia­
Notices U.S. Financial Inc---------------- 30794 tion Administration.
Chemical/Biological Information- Wealth Inc____________________ 30796
TREASURY DEPARTMENT
Handling Review Committee;
meeting___________________ — 30766 SELECTIVE SERVICE SYSTEM Notices
Picker sticks from Mexico; anti-
Proposed Rules
NATIONAL MANPOWER ADVISORY dumping______________________ 30751
Effect of mailing communication;
COMMITTEE
revocation__________ 30749 VETERANS ADMINISTRATION
Notices
Notices
Subcommittee on Professional,
Medical Research Service Merit
Scientific and Technical Man­
Review Boards; meetings— —- 30797
power; meeting____________— 30789
FEDERAL REGISTER, VOL. 38, NO. 214— WEDNESDAY, NOVEMBER 7, 1973
30722 CONTENTS
List of CFR Parts Affected______
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, appears following the Notices section of each issue beginning with
the second issue of the month. In the last issue of the month the cumulative list will appear at the end of the issue.
A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published
since January 1, 1973, and specifies how they, are affected. ■'
4 CFR 14 CFR 32A CFR
331__-----------—_________________ 30725 71 (8 documents)_________ 30736-30738 EPO Reg. 1___-----------------•------ 30739
351------------------------------ 30728
400 (2 documents)________________ 30730 18 CFR . EPO Reg. 7---------------------------- 30740
401 -----------------*_____________ 30730 Proposed Rules : 33 CFR
402—.____ 30730 260---------- 1__________________30749 1 ---___-------------_____----------30740
403--------------------------- 30730 110-----------------------------______ 30740
404— ____________________________ 30730 20 CFR 207__-----------------------------------30740
406—------------ 30730 Proposed Rules:
40 CFR
416_— -----__^-------------------------30748
6 CFR 52 (4 documents) ________________ 30818,
Rulings___________________ 30733 21 CFR 30825,30827,30832
Proposed Rules: P13r5o-p-o--s-e-d-- -R--u-l--e-s--:------------- 30746 41 CFR
150------------------_------------------- 30850 60-1—-----_________— __________30741
28 CFR
7 CFR 0______— _____---------___--------- 30738 45 CFR
54_ 30734 Proposed Rules:
70_ 30734 29 CFR 103----------------------------------------30747
987 30734 Proposed Rules: 47 CFR
989 30734 1999______________________________ 30744 2 ----------------------- 30742
32 CFR 89_i----------— ------------------------30742
8 CFR 91— _—._------------------------------ 30742
865_____________________________ 30739
299—------------ 30735 Proposed Rules:
Proposed Rules:
73 (3 documents)_________________ 30748
9 CFR 1604— — ----------------- 30749
1641_________ 30749 49 CFR
73---------- 30735
82------------------------------------___ 30735 1660-------------------------------------30749 1033 (2 documents)_______________ 30742
350------------------------------ 30736 Proposed Rules:
355----------*-------------------------- 30736 1057-------- 30750
13 CFR 50 CFR
32 (2 documents)________________ 30743
107—___------------------------------- 30736
33 (2 documents)____________ _ 30743
M
FEDERAL REGISTER, VOL. 38, NO. 214— WEDNESDAY, NOVEMBER 7, 1973
30723
REM INDERS
u«ma In tv«to Hat TOW« «ditoriallv compiled as an aid to Fedeeal Register users. Inclusion or exclusion from this list has no
legal^niflcanc? Since this list is intended as a reminder, it does not include effective dates that occur within 14 days of publication.)
Rules Going Into Effect Today 1RS—Income tax; allocation and ap­ NOVEMBER 13
portionment of deductions— 28682; Customs Service—Customs bond regu­
Note: There were no items published after 10-16-73 lations................. 25995; 9-17-73
October 1, 1972, that are eligible for in­ —First published at............ 15840; NOVEMBER 14
clusion in the list of Rules Going Into 6-18-73 TARIFF COMMISSION—Acrylonitrile-
Effect Today. JUSTICE DEPARTMENT—Schedule II butadiene-styrene type of plastic
Next Week’s Deadlines for Comments on
controlled substances; physical secu­ resin; investigation, to be held in
Proposed Rules
page no. rity controls for practitioners. Washington, D.C.. 28984; 10-18—73
and date 29479; 10-25-73
NOVEMBER 7, 1973 MARITIME ADMINISTRATION—Mari­ Weekly List of Public Laws
CAB—Oral and informal contracts and time carriers; uniform system of ac­ This is a listing of public bills enacted by
agreements_____ 28929; 10—18—73 counts requirements............ 28682; Congress and approved by the President, together
CAB—Filing of agreements---- 28928; 10-16-73 twhieth Ut.hSe. lSatwat untuems bceirt,a ttihone . dSauteb soefq uaepnptr olvisatls, awnildl
10-18-73 MINING ENFORCEMENT AND SAFETY appear every Wednesday in the FEDERAL REG­
NOVEMBER 12 ADMINISTRATION—Distinctly col­ fIrSoTmER t, haen dU .Sc.o pGieosv eorfn mtheen tl aPwrsin mtinagy Obeff icoeb.tained
AEC—Carbon-14 in vitro clinical or ored hard hats or caps for inexpe­
laboratory testing; general license for rienced miners....... 27621; 10-5—73 H.R. 6691-... -..—....... Pub. Law 93-145
use ............... 26813; 9-26-73 MINING ENFORCEMENT AND SAFETY Legislative Branch Appropriation Act,
CONSUMER PRODUCT SAFETY COM­ ADMINISTRATION—Rollover protec­ 1974
MISSION—Exemption of isosorbide tive structures and failing object pro­ (Nov. 1, 1973; 87 Stat. 527)
dinitrate-containing sublingual tab­ tective structures for mobile equip­ H.R. 8250............— . Pub. Law 93-140
ment...............— 27841; 10—9—73 District of Columbia government, pro­
lets and chewable preparations from
child protection packaging require­ SEC—Accounting Series Release No. grams and activities; authorization
16—Effect of Treasury stock trans­ (October 26, 1973; 87 Stat. 504)
ments................. 25195; 9-12—73 actions on accounting for business H.R. 8825................... Pub. Law 93-137
EPA—Effluent limitations guidelines
combinations....s,. 28819; 10-17—73 Department of Housing and Urban
and standards of performance and
SEC—Financial statements; disclosure Development; Space, Science, Vet­
pretreatment for inorganic chemicals of significant accounting policies. erans, and Certain Other Independent
manufacturing point source cate­ 28948; 10-18-73
Agencies Appropriation Act, 1974
gory___________ 28174; 10—11—73 SEC—Transactions by an issuer
(Oct. 26, 1973; 87 Stat. 491)
EPA—Feedlots category; effluent limita­ deemed not to involve any public
tions__,............ 28974; 10—18—73 offering.—.......... 28951; 10-18-73 H.R. 9590—.............. Pub. Law 93-143
FCC—FM stations in Lexington, Mo.; VA—Vocational rehabilitation; defini-, Treasury, Postal Service, and General
table of assignments. Government Appropriation Act, 1974
tion and categorization of the pe­
27303; 10-2-73
F&D—Restriction on level of copper in riods of basic eligibility..... 28844; (Oct. 30, 1973; 87 Stat. 510)
10-17-73 H.J. Res. 748..............Pub. Law 93-142
animal feed; list of substances that
are generally recognizable as safe. NOVEMBER 16 International financial institutions, ap­
25694; 9-14-73 APHIS—Dressed poultry; deletion from propriations
inspection regulations those provi­
FHLBB—Proposed penalties for vio­ (Oct. 26, 1973; 87 Stat. 510)
sions allowing production, labeling,
lations of rate control rules. movement between establishments, S. 907— .——........ Pub. Law 93-144
28081; 10-11-73 or importation........ 24374; 9—7—73 To authorize the appropriation
FHLBB—-Applications procedures for FCC—Aviation Services; aeronautical
$150,000 to assist in fmanc».g ifie
branch offices (2 documents). mobile (R) VHF band..... — 29077;
29090-29091; 10-19-73 10-19-73 arctic winter games to be held in the
HEW—Programs for the education of FCC—FM Broadcast stations in certain State of Alaska
the handicapped.. 28230; 10-11—73 cities in Missouri and in Marion, (Nov. 1, 1973; 87 Stat. 527)
NOVEMBER 13 Ohio...__— .....— 28574; 10-15-73 S. 2282.................... Pub. Law 93-141
FPC—Reliability of electric and gas FCC—FM Broadcast stations in Prince­
New Hope Dam and Lake, North Caro­
service............... 29821; 10—29—73 ton, III............... 28840; 10-17-73
lina, name change
NOVEMBER 14, 1973 FDA—-Bacitracin and combinations;
EPA—Water pollution control; reim­ change of moisture determination. (Oct. 26, 1973; 87 Stat. 510)
bursement grants; priority for pay­ 26006; 9-17-73 S. 2486.................— Pub. Law 93-139
ment of funds appropriated by FDA—Control of electronic product Trotters Shoals Dam and Lake, Geor­
Public Law 92-399—........- 28572; radiation; product identification and gia and South Carolina, name change
10-15-73 initial reports........ 26007; 9-17—73 (Oct. 26, 1973; 87 Stat. 503)
FAA—Alteration of transition area at FHLBB—Transactions with affiliates by
S.J. Res. 164............ Pub. Law 93-138
Crookston, Minn..... 28703; 10-16-73 service corporation subsidiaries of
FAA—Alteration of VOR Federal Airway subsidiary insured institutions. Former Vice President Spiro T. Agnew,
between Grand Canyon, Utah, and 10-16-73 franking privileges, extension
Bryce Canyon, Ariz.— 28572; 10-15—73 (Oct. 26, 1973; 87 Stat. 503)
FAA—Alteration of Jet Routes between
Brownsville and Corpus Christi, Tex. Next Week’s Hearing The President vetoed S. 1317, United
28572; 10-15-73 NOVEMBER 12 States Information Agency Appropria­
NOVEMBER 15, 1973 TARIFF COMMISSION—Alleged unfair tions Authorization Act of 1973 and H.J.
FMC—Rules governing the filing of in­ methods of competition and unfair Res. 542, War Powers Resolution. Mes­
creases in contract rates on less than acts in the importation and sale of
sages dated Oct. 23, 24, 1973, respec­
statutory notice in the event of tariff certain writing instruments; to be
currency depreciation.......... 29343; held in Washington, D.C. tively; Weekly Compilation of Presidential
10-24-73 28874; 10-17-73 Documents, Vol. 9, No. 39.
FEDERAL REGISTER, VOL 38, NO. 214— WEDNESDAY, NOVEMBER 7, 1973

30725
Rules and 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. ___________________
Title 4—Accounts (c) A “defense subcontractor” is any authority of section 8(a) of the Small
person other than the United States who Business Act (15 U.S.C. 637(a)).
CHAPTER III—COST ACCOUNTING contracts, at any tier, to perform any (4) Any contract made with a labor
STANDARDS BOARD part of a defense contractor’s contract. surplus area concern pursuant to proce­
* NEGOTIATED DEFENSE PRIME (d) “National defense” is any program dures providing for a partial set-aside
CONTRACTS AND SUBCONTRACTS for military and atomic energy produc­ for such concern as set out in ASPR 1-
Miscellaneous Amendments tion or construction, military assistance 804, 32 CFR 1.804; and FPR 1-1.804, 41
to any foreign nations, stockpiling, space, CFR 1-1.804.
The purpose of this publication by the and directly related activity. (5) Any contract awarded to the Ca­
Cost Accounting Standards Board is to (e) The definition of “established nadian Commercial Corp. in accordance
amend Parts 331, 351, 400, 401, 402, 403, catalog or market prices of commercial with the terms of the agreement of
and 404 of its rules and regulations. The items sold in substantial quantities to the July 27, 1956, as amended, between the
amendments, which are minor clarifica­ general public” set out in the Armed Department of Defence Production
tions to the regulations, were published Services Procurement regulation (32 CFR (Canada) and the U.S. Departments of
in the Federal Register of September 5, 3.807-l(b) ), in effect at the date of the the Army, the Navy, the Air Force, and
1973 (38 FR 23971). The amendments: contract, shall be used. the Defense Supply Agency.
(a) Re-number Parts 331 and 351 to fa­ (f) A “negotiated subcontract” is any (6) Any contract awarded to Western
cilitate insertion' of future modifications subcontract except a firm fixed-price Electric Co. for materials, supplies, or
to those parts; (b) clarify one section of subcontract made by a contractor or sub­ services which are standard items of the
the contract clause at § 331.5; and (c) contractor after receiving offers from at Bell System. This paragraph 6 expires
modify certain definitions in Parts 400, least two firms not associated with each on June 30, 1973.
401, 402, 403, and 404 for the purposes other or such contractor or subcontrac­ (c)(1) Upon request of the Secretary
of uniformity among the various Parts. tor, providing (1) the solicitation to all of Defense, the Deputy Secretary of De-
Only one comment in response to the competing firms is identical, (2) price is fense, or the Assistant Secretary of De­
September publicatioh has been received the only consideration in selecting the fense (Installation and Logistics), or out­
by the Board. This expressed agreement subcontractor from among the competing side the Department of Defense, of offi­
with the proposed changes. firms solicited, and (3) the lowest offer cials in equivalent positions, the Cost
In view of the foregoing, the following received in compliance with the solicita­ Accounting Standards Board may waive
amendments to the Board’s regulations tion from among those solicited is all or any part of the requirements of
are being made effective November 7, accepted. paragraph (a) of this section with re­
1973: (g) A “Disclosure Statement” is the spect to a contract or subcontract to be
PART 331—CONTRACT COVERAGE Disclosure Statement required by Cost performed within the United States, or a
331.10 Purpose and scope. Accounting Standards Board regulation contract or subcontract to be performed
331.20 Définitions. (Part 351 of this chapter). outside tiie United States by a domestic
331 AO Applicability, exemption, and waiver. § 331.30 Applicability, exemption, and concern. A domestic concern is an in­
331.40 Solicitation notice. waiver. corporated concern incorporated in the
331.50 Contract clause. United States or an unincorporated con­
331.60 Post-award disclosure. (a) The head of each relevant Fed­ cern having its principal place of busi­
331.70 Interpretation. eral agency shall cause or require the
ness in the United States. (In the con­
331.80 Effective date. clause set forth in § 331.50 captioned
text of this subparagraph, “concern” re­
Authority: Sec. 108, 84 Stat. 796 (50 U.S.C. cost accounting standards to be inserted fers to a prospective or actual contractor.
App. 2168). in all negotiated defense contracts in Thus, a contract with a foreign subsidiary
excess of $100,000, other than contracts
§ 331.10 Purpose and scope. or foreign branch or business office of a
ottered into by the agency where the
UJ3. corporation would not be a contract
The regulations contained in this part price is based on; (a) Established cata­
with a domestic concern. Conversely, a
are promulgated to implement the stand­ log or market prices of commercial
contract executed by a foreign salesman
ards and the rules and regulations estab­ items sold in substantial quantities to
or agent on behalf of a domestic concern
lished by the Cost Accounting Standards the general public, or (b) prices set by
would nevertheless be a contract with a
Board pursuant to 50 U.S.C. App. 2168 law or regulation. Additionally, all so­
domestic concern since the basic con­
(Pub. L. 91-379, August 15, 1970). licitations, likely to result in a contract
tractual and legal responsibility resides
The requirements set forth herein shall in which the clause set forth in § 331.50
with the domestic concern.) Any request
be binding upon all relevant Federal must be inserted, shall include the notice
for a waiver shall describe the proposed
agencies and upon defense contractors set forth in § 331.40 captioned disclosure contract or subcontract for which waiver
and subcontractors. STATEMENT----COST ACCOUNTING PRACTICES is sought and shall contain (i) an un­
§ 331.20 Definitions. AND CERTIFICATION. equivocal statement that the proposed
(a) A “relevant Federal agency” is any (b) The requirements of paragraph contractor or subcontractor refuses to
Federal agency making a national de­ (a) of this section shall not be applica­ accept a contract containing all or a
fense procurement and any agency whose ble to: specified part of the Cost Accounting
responsibilities include review, approval, (1) Any contract made pursuant to Standards clause and the specific reason
or other action affecting such a procure­ a special method of procurement known for that refusal, <ii) a statement whether
ment. as “Small Business Restricted Advertis­ the proposed contractor or subcontractor
ing”; Vi as accepted any prime contract or sub­
<b) A “defense contractor” is any con­
tractor entering into a contract with the (2) Any contract made with a small contract with any Federal department or
business pursuant to partial small busi­ agency containing the Cost Accounting
United States for the production of ma­
terial or the performance of services for ness set-aside procedures; or Standards clause, (iii) the amount of the
the national defense. (3) Any contract entered into under proposed award and the sum of all
FEDERAL REGISTER, VOL 38, NO. 214— WEDNESDAY, NOVEMBER 7, 1973
No. 214—Pt. I-----2
30726 RULES AND REGULATIONS
awards by the department or agency re­ ards Board. Any offeror submitting a propos­ (3) Comply with all Cost Accounting
questing the waiver to the proposed con­ al, which, if accepted, will result in a contract Standards in effect on the date of award of
tractor or subcontractor in each of the subject to the requirements of the Cost Ac­ this contract or if the contractor has submit­
preceding 3 years, (iv) a statement that counting Standards Board must, as a condi­ ted cost or pricing data, on the date of final
no other source of the supplies or serv­ tion of contracting, submit a Disclosure agreement on prioe as shown on the con­
ices being procured is available to satisfy Statement as required by regulations of the tractor’s signed certificate of current cost
the needs of the agency on a timely basis, sBuobamrdi.t teTdh ea sD ai spcalorstu oref tShtea toefmfeeronrt’s mpruospto sbael ocro mpprliyc inwgit hd aatnay. CThoset cAocnctoruancttoinrg sShtaalnl daalrsdo
(v) a statement of any alternative meth­ under this solicitation unless, in compliance which hereafter becomes applicable to a
ods of fulfilling the project or program with agency procedures, the offeror has al­ contract or subcontract of the contractor
needs and the agency’s reasons for re­ ready submitted a Disclosure Statement dis­ Such compliance shall be required prospec­
jecting such alternatives, (vi) a state­ closing the practices used in connection with tively from the date of applicability to such
ment of the steps being taken by the pro­ the pricing of this proposal, or unless post­ contract or subcontract.
curing agency to establish other sources award submission has been authorized by the (4) (A) Agree to an equitable adjustment
of supply for future procurements of the uCloantitorancst ionfg tOhfef icCeor stin A accccoourndtainncge Swtaitnhd arredgs­ acso nptrraocvtid iefd t hien ctohnet racchta ncogsets isc laauffseec teodf btyh ias
products or services for which a waiver Board (see 4 CFR 331.60). If an applicable change which, pursuant to (3) above, the
is being requested, and (vii) any other Disclosure Statement has already been sub­ contractor is required to make to his estab­
information that may aid the Board in mitted, the offeror may satisfy the require­ lished cost accounting practices whether
evaluating the requested waiver. ment for submission by providing the follow­ such practices are oovered by a Disclosure
(2) Upon request of the Secretary of ing information:1 Statement or not.
Defense, the Deputy Secretary of De­ Certification (Applicable Only to Pro­ (B) Negotiate with the contracting officer
fense, or the Assistant Secretary of posals Resulting in Contracts Subject to to determine the terms and conditions under
Defense (Installation and Logistics), or Cost Accounting Standard Board which a change to either a disclosed cost
Requirements ) accounting practice or an established cost
outside the Department of Defense, of accounting practice, other than a change
officials in equivalent positions, the Cost By submission of this offer, the offeror cer­ under (4) (A) above, may be. made. A change
Accounting Standards Board may waive tifies that his practices used in estimating to a practice may be proposed by either the
all or any part of the requirements of costs in pricing this proposal are consistent Government or the contractor, provided,
paragraph (a) of this section with re­ with the cost accounting practices disclosed however, that no agreement may be made
spect to a proposed contract or subcon­ in the applicable Disclosure Statement. under this provision that will increase costs
paid by the United States.
tract to be performed outside the United § 331.50 Contract clause.
(5) Agree to an adjustment of the contract
States by a foreign government or a for­ The following clause shall be inserted price or cost allowance, as appropriate, if
eign concern. A foreign concern is a con­ in all contracts subject to Cost Account­ he or a subcontractor fails to comply with
cern that is not a domestic concern, as ing Standards Board requirements: an applicable Cost Accounting Standard or
defined in paragraph (c) (1) of this sec­ to follow any practice disclosed pursuant to
tion. Any request for a waiter shall de­ Cost Accounting Standards subparagraphs (a)(1) and (a)(2) above
scribe the proposed contract or subcon­ (a) Unless the Cost Accounting Standardsa nd such failure results in any increased
tract for which waiver is sought and shall Board has prescribed rules or regulations ex­ costs paid by the United States. Such ad­
contain (i) the amount of the proposed setmanpdtianrgd st,h er ucloenst, raacntodr orer gtuhliast icoonnst rapcrto mfrouml­ jiunsctrmeaesnedt csohsatlsl tpor tohveid Ue nfioterd rSectaotveesr yt oogef ththeer
award and the sum of all awards by the gated pursuant to 50 U.S.C. App. 2168 (Pub. with. Interest thereon computed at the rate
department or agency requesting the L. 91—379, August 15, 1970), the contractor, determined by the Secretary of the Treasury
waiver to the proposed contractor or in connection with this contract shall: pursuant to Public Law 92-41, 85 Stat. 97, or
subcontractor in each of the preceding 3 (1) By submission of a Disclosure State­ 7 percent per annum, whichever is less, from
years, (ii) a statement that no other ment, disclose in writing his cost account­ the time the payment by the United States
was made to the time the adjustment is
source of the supplies or services being ing practices as required by regulations of effected.
procùred is available to satisfy the needs the Cost Accounting Standards Board. The (b) If the parties fail to agree whether
of the agency on a timely basis, (iii) a required disclosures must be made prior the contractor or a subcontractor has com­
statement of any alternative methods of to contract award unless the Contracting plied with an applicable Cost Accounting
Officer provides a written notice to the con­
fulfilling the project or program needs Standard, rule, or regulation of the Cost Ac­
tractor authorizing post-award submission
and the agency’s reasons for rejecting counting Standards Board and as to any cost
in accordance with regulations of the Cost
such alternatives, (iv) a statement of Accounting Standards Board. The practices adjustment demanded by the United States,
the steps being taken by thé procuring disclosed for this contract shall be the s«.mA such failure to agree shall be a dispute con­
cerning a question of fact within the mean­
agency to establish other sources of sup­ as the practices currently disclosed and
ing of the disputes clause of this contract.
ply for future procurements of the prod­ applied on all other contracts and subcon­ (c) The contractor shall permit any au­
ucts or services for which a waiver is tracts being performed by the contractor thorized representatives of the head of the
being requested, and (v) any other in­ and which contain this Cost Accounting agency, of the Cost Accounting Standards
Standards clause. If the contractor has noti­
formation that may aid the Board in Board, or of the Comptroller General of the
fied the Contracting Office that the Dis­
evaluating the requested waiver. closure Statement contains trade secrets and United States to examine and make copies
of any documents, papers, or records relat­
(3) In the event the' agency head de­ commercial or financial information which
ing to compliance with the requirements of
termines that it is impractical to secure is privileged and confidential, the Disclosure this clause.
a required Disclosure Statement in ac­ Statement will be protected and will not be (d) The contractor shall include in all ne­
released putside of the Government.
cordance with the contract clause and gotiated subcontracts which he enters into
§ 331.60, he may authorize award of such (2) Follow consistently the cost account­ the substance of this clause except para-
contract or subcontract. He shall within ing practices disclosed pursuant to (1) graph (b), and shall require such inclusion
30 days thereafter submit a report to the above in accumulating and reporting con­ in all other subcontracts or any tier, except
Cost Accounting Standards Board, set­ tcroancttr apcetr. foIrfm aannyc ec choasntg ed aitna cdoisnccleorsneidn gp rtahcis­ tnheagto ttiahties d rseuqbuciorenmtreanctts sihn aelxl caespsp loyf $o1n0l0y,0 0t0o
ting forth all material facts. tices is made for purposes of any con­ where the price negotiated is not based on:
(4) The authority in this § 331.30(c) tract or subcontract subject to Cost Ac­ (i) Established catalog or market prices of
shall not be delegated. counting Standards Board' requirements, commercial items sold in substantial quanti­
the change must be applied prospectively to
ties to the general public, or
§ 331.40 Solicitation notice. this contract, and the Disclosure Statement
Disclosure Statement—Cost Accounting must be amended accordingly. If the contract (ii) Prices'set by law or regulation.
Practices and Certification price or cost allowance of this contract is However, if this is a contract with an agency
affected by such changes, adjustment shall which permits subcontractors to appeal final
Any contract in excess of $100,000 re­ be made in accordance with subparagraph decisions of the contracting officer directly to
sulting from this solicitation, except con­ (a) (4) or (a) (5) below, as appropriate. the head of the agency or his duly authorized
tracts where the price negotiated is based on: representative, then the contractor shall in­
(1) Established catalog or market prices of clude the substance of paragraph (b) as well.
commercial items sold in substantial quanti­ 1 (The agency issuing the solicitation Note: In any case where a subcontractor
ties to the general public, or (2) prices set by should specify the data which it will accept determines that the Disclosure Statement in­
law or regulation, will be subject to the re­ if any in lieu of resubmission of. a Disclosure formation is privileged and confidential and
quirements of the Cost Accounting Stand- Statement already submitted.) declines to provide It to his contractor or
FEDERAL REGISTER, VOL. 38, NO. 214— WEDNESDAY, NOVEMBER 7, 1973