+(,121/,1(

Citation: 40 Fed. Reg. 16235 1975

Provided by:
University of Michigan Law Library

Content downloaded/printed from HeinOnline

Fri Mar 31 13:58:23 2017

-- Your use of this HeinOnline PDF indicates your acceptance

of HeinOnline's Terms and Conditions of the license
agreement available at http://heinonline.org/HOL/License

-- The search text of this PDF is generated from

uncorrected OCR text.

wastewater can -be discharged into the local
sewerage system.
22. Riggin & Robbins (ID-74-129). A well
water supply project to be used at thecom-
pany' s seafood processing plant in the City of
M-illville, Cumberland County, NJ. The new
facility is expected to yield about 187,000
gallons per day.
23. J. Coleman Totten (3-74-182). A well
-water supply project to provide water for
irrigation at the subject farm in Upper Free-
hold Township, Monmouth County, N.J. The
farm well is expected to yield about 580,000
gallons per day.
24- Windy Acres Nursery, (D-74-149). A
farm well to be used for irrigation purposes
at the subject farm in Deerfield Township.
Cumberland County, NJ. The new well is ex-
pected to yield 200,000 gallons per day.
25. Albert Powell (D-74-125). An irrigation
pond to be used at the subject farm in Old-
mans Townthip, Salem County N.J. A yield
from the pond of about 135,000 gallons p2er
day will be utilized during the growing sea-
son for irrigation purposes.
26. Port Norris Marina, Inc. (D-74-191). A
small boat marina located in the community
of Port Norris, Commercial Township, Cum-
berland County, NJ. The facility will provide
60 small boat slips and a launching ramp.
B. Applications-for water quality certili-
cation for the projects listed below pursuant
to section 401 of the Federal Water Pollution
Control Act:
,a. Township of Mount Holly. Maintenance
dredging in the North Branch Raneocas
Creek, Mount Holly, Burlington County,
NJ. Approximately 56.000 cubic yards of
shoaled matprial will be removed and de-
.posited either In the Township sanitary
landfill or Iron Works Park.
2. Cape M ay Board of Chosen Freeholders.
Replacement of a timber bridge on County
Road 57 over Sluice Creek, Cape May County,
N.J.
3. NJ. Dept. of Transportation. Culvert
replacement at Route .130 and South Branch
Little Timber Oreek, Logan Township.
Gloucester County, N.J.
Documents relating to the items listed
above on this hearing notice may be
examined- at the Commissioni's offices.
Persons wlihlng to testify are requested
to notify the Secretary prior to the hear-
lug.
- W. BRINTON WHITALL,
Secretary.
APR 4, 1975.
[FRDoc.75-9360 lled 4-9-75;8:45 am]
DRUG ENFORCEMENT
ADMINISTRATION
IMPORTATION OF CONTROLLED
SUBSTAJNCES
Notice of Registnation .
By notice dated February 12, 1975, and
published in the FZDERAL REGISTEI. on
February 21, 1975 (40 FR 7691) G. a.
Searle & Company, Searle Parkway and
Niles Avenue, Skokie, Illinois 60076,
made application to the Drug Enforce-
ment Administration to be registered as
an-importer of Diphenoxylate, a basic
class-controlled substance listed in
schedule IL
No comments or objections have been
received, and, pursuant to. section 303
'of-the Comprehensive Drug Abuse 'Pre-
vention and Control Act of 1970, and in
accordance with 21 CFR 1311.42, the
FEDERAL REGISTER, VOL 40, NO. 70-THURSDAY,
NOTICES 1623?5
above firm Is granted registration as an
ruary 10, 1973 (478 F. 2d 615), holding
importer of Diphenoxylate. that light duty vhcles and light we1iht
Dated: April 3,1975. trucks are separate classes, the Admin-
istrator has established (38 FR 21362
JoHN R. BArnTs, Jr., et seq., August 7, 1973) emission stand-
Administrator. ards under section 202(a) of the Clean
[VR Doc.75-9427 Filed 4-G-75;8:45 am] Air Act for light duty trucksof 2 grams/
mile hydrocarbons, 20 grams/mile car-
ENVIRONMENTAL AGENCYPROTECTION ban monoxide, and 3.1 grams/mile oxides
of nitrogen;
Whereas, by mailgram datedMarch 20,
[FRL 357-71 1975, and by letter dated March 26,1975,
California submitted a request for waiver
CALIFORNIA STATE STANDARDS; MOTOR of preemption for model year 1977 light
VEHICLE POLLUTION CONTROL duty vehicles and light duty trucks 'in
Public Hearing order to enable California to enforce its
Whereas, the Clean Air Act, as standards of .41 grams/mile hydrocar-
amended, section 209(a), 42 U.S.C. bans, 9.0 grams/mile carbon monoxide
1857f-6(a) 81 Stat. 501 (Pub. L. 91-604) and 1.5 grams/mile oxides of nitrogen
provides, "No State or any political sub- for light Iuty vehicles, and -9 grams/.
division thereof shall adopt or attempt mile hydrocarbons, 17.0 grams/mile car-
to enforce any standard relating to the bon monoxide and 2.0 grams/mile oxides
control of emissions from new motor ve of nitrogen for light duty trucks;
hicles of new motor vehicle engines sub- Whereas, the waiver of application for
jectto thispart, 6 * [or) 4 " * shall 1976 model year light duty trucks (33
require certification, inspecion, or any FR 30136, November 1, 1973) is deemed
other approval relating to the control to extend to 1977 and subsequent model
of emissions from any new motor ve- years:
hicle or new motor vehicle engine as Therefore, I hereby give notice that
condition precedent to the initial retail () California has submitted its request
sale, titling (if any), or registration of for waiver for the application of the
such motor vehicle, motor vehicle engine, prohibitions of section 209(a) with re-
or equipment"; spect to the above described emission
Whereas, section 209(b) of said Act_.t a ndards for which waiver has not yet
directs the Administrator of the Envi- been granted, that (ii) a public hearing
ronmental Protection Agency, after no- on the request is to be held in Los An-
tice and opportunity for public hearing, geles, California, at the Los Angeles Con-
to waive application of the prohibitions vention Center, 1201 South Figueroa
of section 209 to any State which had Street at Pico, on Tuesday, April 29,
adopted standards (other than crank- 1975, commencing at 9 am., P.S.T., and
case emission standards) for the control that (111) all pertinent Information avail-
of emissions fr6m new motor vehicles able to the Administrator including that
or new motor vehicle engines prior to obtained during the public hearing that
March 20, 1966, unless he finds that such began on January 21, 1975, on the issue
State does not require standards to meet of suspension of the model year 1977
compelling and extraordinary condltionIt statutory standards,for hydrocarbons
or that such State standards and accom- and carbon monoxide and the hearing
panying enforeementprocedures are not established herein shall be considered
consistent with section 202(a) of the when ruling on the request.
Clean Air Act; Although It is EPA Policy in most cir-
Whereas, on March 5, 1975, and by cumstances to give at least thirty days
notice published in the FZDEAL Rszoaxs , FzDEnAL REaxsrrn notice of hearngsthe
on March 14, 1975 (40 FR 11900), the notice time has been abridged here for
Administrator, pursuant to section 202 the following reasons;
(b) (5) (C) of the Act, granted the (I) Manufacturers are presently at an
requests of three automobile manufac- advanced planning and design stage for
turers to suspend for one year the effec- their 1977 model light duty vehicles, and
tive date of the statutory standards of it Is imperative that administrative pro-
.41 grams/mile hydrocarbons and 3A cedures be completed and a final Cali-
grams/mile carbon monoxide for model fornia standard be set as soon as possible,
year 1977 light duty vehicles, and estab- and
lished interim standards for the 1977 (it) California sent copies of its letter
model year of 1.5 grams/mile hydro- dated March 26, 1975, submitting its
carbons and 15 grams/mile carbon waiver application to all affected manu-
monoxide; facturers, and actual notice of this hear-
Wheieas, the oxides of nitrogen emis- ingvs given to all affectedmotorvehicle
sion standard established by statute manufacturers and to the State of Call-
(section 202(b) (1) (3) of the Clean Air fornla on. or before March 26, 1975.
Act of 1970, 42 -U.S.C. 18571-1, as Thirty day's actual notice of this hear-
amended'by the Energy Supply and En- ing has acordingly been given to these
vironmental Coordination Act of 1974, parties.
Pub. L. 93-319) for 1977 model year light Dr. Norman D. Shutler of the Environ-
duty vehicles is 2.0 grams/mile; mental Protection Agency Is hereby des-
Whereas, as a consequence of the dcel- Ignated as Presiding Officer to conduct
slon rendered in International Harvester the hearing. Any person desiring to make
v. Ruckelshaus by the U.S. Court of Ap- a statement at the hearing or to submit
peals for the District of Columbia, Feb- material for the record of the hearing
APRIL 10, 1975
. I
 16236 NOTICES

should file a notice of such intention and, meet compelling and extraordinary con- [OPP-32000/225; FlU 357-2]
if practicable, five copies of his proposed ditions in California and RECEIPT OF APPLICATIONS FOR
statement (and other relevant material) (ii) Whether such standards and ac- PESTICIDE REGISTRATION
with the Director, Mobile Source En- companying enforcement procedures are Data To Be Considered In Support of
forcement Division (EG-340), Environ- consistent with section 202 (a) of the Act, Applications
mental Protection Agency, Room 3220, in particular with respect to their tech-
401 M Street SW, Washington, D.C. nological feasibility in the lead time re- On November 19, 1973, the Environ-
20460, not later than April 25, 1975. maining. mental Protection Agency (EPA) pub-
The pertinent standards, requirements, In order to assure full opportunity for lished in the FEDERAL REGISTR (38 FR
conditions, and test procedures for gaso- the presentation of data, views, and ar- 31862) its interim policy with respect to
the administration of section 3(o) (1)
line powered 1977 model year light duty guments by participants, the Presiding (D) of the Federal Insecticide, Fungicide,
vehicles and light duty trucks are con- Officer will, upon request of the partici- and Rodenticlde Act (FIIMA), as
tained in the following identified publica- pants, allow a reasonable time after the
tions: close of the hearing for the submission amended. This policy provides that EPA
FEDERAL of written data, views, arguments, or will, upon receipt of every application
for registration, publish In the FUnnnAL
40 CFR Part 85, Subpart A, )Emission Reg- other pertinent information to be in- REGISTER a notice containing the Infor-
ulations.for New Gasoline-Fueled Light Duty cluded as part of the record of the pub- mation shown below. The labeling fur-
Vehicles (38 FR 21362, August 7, 1973, as lic hearing. nished by the applicant will be available
amended at 39 FR 7545, February 27, 1974). A verbatini record of the proceeding
40 CFR Part 85, Subpart C, Emission Reg- will be made and a copy of the transcript for examination at the Environmental
ulations for New Gasoline-Fueled Light Duty will be made available on reqjuest at the Protection Agency, Room EB-31, Easb
Trucks (38 FR 21362, August 7, 1973, as expense of the person so requesting. Tower, 401 M Street, SW, Washington,
amended at 39 FR 7545, February 27, 1974). DC 20460.
Applications for Suspension of 1977 Motor The determination of the Administra- On or before June 9, 1975, any person
Vehicle Exhaust Emission Standards; De- tor regarding the action to be taken who (a) s or has been an applicant, (b)
cision of the Administrator (40 FR 11900, under section 209(b) of the Clean Air believes that data he developed and eub-
March 14, 1975). Act with respect to the waiver of the ap- mitted to EPA on, or after October 21,
CALIORNIA plicati6n of the prohibition of section 1972, is being used to support an applica-
209(a) to.the State of California is not tion described in this notice, (c) desires
Sections 1955.1 and 1955.5, Title 13, Cali- required .to be made solely on the record
fornia Administrative Code, as amended of the public hearing. Other scientific, to assert a claim for compensation under
March 17, 1975, and California Exhaust Emis- engineering, and related pertinent in- section 3(c) (1) (D) for such use of his
sions Standards and Test Procedures for 1975 data, and (d) wishes to preserve his
and Subsequent Model Gasoline-Powered formation, not included in the transcript right to have the Administrator deter-
Passenger Cars and Light Duty Trucks, dated of the public hearing, may also be con- mine the amount of reasonable com-
February 19, 1975, as amended March 17, 1975, sidered. pensation to which h9 is entitled for
and California AssemblyLine Test Procedures such use of the data, must notify the
for 1976 and Subsequent Model Gasoline- Dated: April 3, 1975.
Powered Passenger Cars and Light Duty RICARD H; JOHMSON, Administrator and the applicant named
Trucks, dated December Ii, 1974 (section Acting Assistant
in the notice in the FEDERAL RnoisTri of
2054, Title 13,. California Administrative his claim by certified mall. Notification
Code). Administrator for Enforcement. to the Administrator should be addressed
[FR Doc.-75-9320 Filed 4-9-75;8:45 am] to the Information Coordination Sec-
A copy of the above-described material tion, Technical Services Division (WH-
is available for public inspection during 569), Office of Pesticide Programs, 401
normal working hours (8 a.m_ to 4:30 [FRL 357-41 M Street, SW, Washington, DC 20400,
pin.) at the Freedom of Information
Center, Environmental Protection Agen- OCEAN DUMPING Every such claimant must Include, at a
minimum, the information listed in the
cy, 401 M Street SW, Washington, D.C. Location of Public Hearings on the Appli- interim policy of November 19, 1973.
20460. Copies of the Federal regulations cation of the United States Air Force for
will be provided upon request to that of- a Permit To Incinerate Herbicide Orange Applications submitted under 2(a) or
fice, subject to a reproduction charge. at Sea 2(b). of the interim policy will be proc-
Copies of the California standards and essed to completion in accordance with
The Environmental Protection Agency existing procedures. Applications sub-
test procedures are available upon re- gave 'notice in the FEDERAI. REGISTER on
quest from the California Air Resources Monday, March 24, 1975, (40 FR 13026- mitted under 2(c) of the Interim policy
Board 1025 P Street, Sacramento, Cali- 28) of receipt of an application from the cannot be made final until the 60 day
fornia 95814. period has expired. If no claims are re-
United States Air Force for a permit to ceived within the 60 day period, the 2(c)
Procedures. Since the public hearing incinerate at sea the chemical known as application will be processed according
is designed to give interested persons an Herbicide Orange. Notice was also given to normal procedure. However, if claims
- opportunityto participate in this pro- of a public hearing on this application to are received within the 60 day period, the
ceeding by the presentation of data, be held April 25, 1975, beginning at 9:30 applicants against whom the claims are
views, arguments, or other pertinent in- a.m. in Honolulu, Hawaii. The location asserted will be advised of the alterna-
formation concerning the Administra- for this hearing will be the Legislative tives available under the Act. No claims
tor's proposed action, there are no ad- Auditorium, State Capitol Building, will be accepted for possible EPA adju-
versary parties as such. Statements by Punchbowl and Beretania Street, Hono- dication which are received after Juno
the participants will not be made under lulu. 9, 1975.
oath and the participants will not be sub- The hearing will be adjourned and re-
ject to cross-examination. convened at 9:30 am. on April 28, 1975, Dated: April 2, 1975.
Presentation by the participants .in the Second Floor Conference Room, JOHN B. RITCH, Jr.,
should be limited to the following con- Environmental Protection Agency, Director,
siderations with particular attention to Region IX,' 100 California Street, San Registration Division,
* Francisco, California. APPLICATIoNS REcEVD (6PP-32000/225)
(I) Whether the standards adopted by
California for hydrocarbons, carbon Dated: April 3, 1975. EPA Reg. No. 11649-12. Avltrol Corp., 7044
monoxide, and oxides of nitrogen, and JASIES L. AGEE, E 46th St., PO Box 45141, TulSa OX 7414.
AVITROL CORN CHOPS-9D. Active Ingro-
related test procedures and enforcement Assistant Administrator for dients: 4-Aminopyridino 0.03%. Method of
procedures applicable to new model year Water and HazardousMaterials. Support: Application proceeds under 2(b)
1977 light duty vehicles are required to [FR Do0.75-9323 Filed 4-9-75;8:45 am] of interim policy. PMll.

FEDERAL REGISTER, VOL. 40, NO. 70-THURSDAY, APRIL 10, 1975