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Citation: 35 Fed. Reg. 19598 1970

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19598 NOTICE
In Los Angeles, Calif, at the Customs a ddress. Copies of the uponFederal regula-
request to
hereby accepted and all rights, privi- Courtroom, 300 North Los Angeles Street, t ions will be provided
leges, and franchises derived therefrom t hat office. Copies of the California
on Tuesday, January 26, 1971, commenc-
are canceled and terminated. ing at 10 am. Ps.t. s tandards and test procedures are avail-
c tble upon request to the California Air
A. H. SiNaER, The hearing is intended to provide an Resources Board, 434 South San Pedro
AssociateAdministrator opportunity for interested persons to Street, Los Angeles, CA 90013,
for Investment, state their views or arguments, or to Procedures. Since the public hearing
DECEMBER 11, 1970. provide pertinent information relating s designed to give Interested persons an
[F.R. Doc. 70-17308; Filed, Dec. 23, 1970; to the action proposed to be taken by
the Administrator. )pportunity to participate in this pro-
8:45 am.] ceeding by the presentation of data,
Mr. William H. lfegonnell of the En-
vironmental Protection Agency is hereby views, arguments, or other pertinent in-
designated as Presiding Officer to con- formation concerning the Adminis-
ENVIRONMENTAL PROTECTION duct the hearing. Any person desiring to
make a statement at the hearing or to
trator's proposed action, there are no
adversary parties as such. Statements by
the participants will not be made under
AGENCY submi"-material for the record of the
hearing should file a notice of such in- oath and the participants will not be
tention and, if practicable, five copies subject to cross-examination.
MOTOR VEHICLE POLLUTION Presentations by the particlpants
CONTROL of his proposed statement (and other
relevant material) with the Presiding should be addressed to the following
Officer, Air PollutionControl Office, En- considerations:
California State Standards; Notice of
Public Hearing; Procedures for Pub- vironmental Protection Agency, 5600 1. Whether the specific standards and
Fishers Lane, Rockville, MD 20852, not related test procedures applicable to the
lic Hearing later than January 20, 1971. control of emissions from 1972 and later
Whereas the Clean Air Act, as amend- The pertinent standards, require- model year new motor vehicles or new
ed, section 208(a), 42 U.S.C. 185f-6a(a) ments, conditions, and test procedures motor vehicle engines adopted by the
81 Stat. 501 (Public Law 90-148) pro- for 1972 and later model year new motor State of California and identified above
vides, "No State or any political subdivi- vehicles and new motor vehicle engines are more stringent than the Federal
sion thereof shall adopt or attempt to are contained in the following identified standards and related test procedures ap-
enforce any standard relating to the publications: plicable to the pertinent model year new
control of emissions from new motor ve- motor vehicles or new motor vehicle
hicles or new motor vehicle engines sub- engines;
45 C'M Part 85 (Nov. 10, 1970, 35 F.R. 2. Whether such standards and related
ject to this, title. No State shall require 17288, et seq.)
certification, inspection, or any other ap- - CA=nORNX test procedures adopted by the State of
proval relating to the control of emis- California are required to meet compel-
(1) Exhaust Emission Standards and Test ling and extraordinary conditions In the
sions from any new motor vehicle or new Procedures for New Diesel Powered Vehicles
motor vehicle engine as condition prece- and Diesel Engines set forth in sections 1942, State of California; and
dent to- the initial retail sale, titling (if 2109, and 2208, Title 13 California Adminis- 3. Whether such standards and re-
any), or registration of such motor ve- trative Code and in "California exhaust lated test procedures (and accompanying
hicle, motor vehicle engine, are equip- emission standards, test and 1973 approval proce- enforcement procedures) adopted by the
and subse- State of California are consistent with
ment", and dures for diesel engines in
model year vehicles over 6,001 pounds
Whereas section 208(b) of said Act di- quent vehicle of the Clean Air Act, a
weight", dated November 18, section 202(a) (a) whether the State of
rects the Secretary of Health, Educa- gross 1970. amended, I.e.,
tion, and Welfare, after notice and op- consid-
(2) Exhaust emission standards and test California has given appropriate
portunity for public hearing, to waive procedures for 1973 and subsequent model eration to technological feasibility and
application of the prohibitions of said year gasoline powered motor vehicles over economic costs and whether erlsslons
section 208 to any State which had 6,001 pounds gross vehicle weight set forth subject to control by such standards
adopted standards (other than crankcase in sectionsAdministrative 1943, 2109, and 2208, Title 13 cause or contribute to, or are likely to
Code and in "Call- cause or contribute to, air pollution
emission standards) for the control of California fornia exhaust emission standards, test and which endangers the health or welfare of
emissions from new motor vehicles or
procedures for engines in 1973 and
new motor vehicle engines prior to March approval subsequent model gasoline powered motor any
persons, and (b) whether such
that such State would require
30, 1966, unless he finds vehicles over 6,001 pounds gross vehicle standards and procedures to obtain cer-
does not require standards more strin- weight", dated November 18, 1970. automobile manufacturers
gent than applicable Federal standards (3) Exhaust emission standards and test tification under a substantially different
to meet compelling and extraordinary procedures for 1972 modelpounds year gasoline pow- method from that required by the
vehicles under 6,001 gross vehi- Federal Government.
conditions or that such State standards ered weight set forth in sections 1944, 2109,
tnd accompanying enforcement proce- cle 2208, Title 13 California Administrative In order to assure full opportunity for
dures are not consistent with section 202 and Code and "California exhaust emission the presentation of data,
views, and argu-
(a) of the Clean Air Act, and standards and test procedures for 1972 model ments by participants, the Presiding Of-
Whereas Reorganization Plan No. 2 gasoline powered motor vehicles under 6,001 ficer will, upon request of the partici-
of 1970 (35 1.R. 15623) transfers to theL pounds gross vehicle weight", adopted De- pants, allow a reasonable time after the
Administrator of the Environmenta cember 15, 1970. close of the hearing for the submivsion of
Protection Agency all functions of th( (4) Section 9250.5, Vehicle Code, West An- written data, views, arguments, or other
Secretary of Health, Education, and Wel-- notated California Codes, as enacted by pertinent information to be Included as
Chapter 1586, California Laws 1970; Assembly part of the record of the public hearing.
fare under the Clear Air Act, and Bill No. 919, Approved September 19, 1970.
Whereas the State of California had_ (5) Amendments to Part T, Division 26, A verbatim record of the proceeding
prior to March 30, 1966, adopted stand. Health and Safety Code, West Annotated will be made and a copy of the transcrIpt
ards (other than crankcase emissior California Codes, as enacted by Chapter 1585, will be made available on request at the
standards) for the control of emission California Laws 1970,20, Assembly Bill No. 1174, expense of the person so requesting.
from new motor vehicles or new moto:r Approved September 1970.
(6) Assembly line test procedure set forth The determination of the Adminiqtra-
vehicle engines. a In section 2110, Title 13 California Admin- tor regarding the actionthe to be taken
Now, therefore, I hereby give notic,- istrative Code and n "California Assembly under section 208(b) of Clean Air
that the State of California has ree Line Test Procedures", dated September 16, Act with respect to the waiver of the
quested waiver of the application of tht 1970. application of the prohibition of section
prohibitions of section 208(a). Pursuan above-described material 208(a) to the State of California Is not
copy of the
to section 208(b)- of the Clean Air Ad a is A for inspection at the office of required to be made solely on the record
as amended, I hereby give notice of d theavailable Presiding Officer at the foregoing of the public hearing. Other scientific,
public hearing on this request to be hel,

FEDERAL REGISTER, VOL 35, NO. 249-THURSDAY, DECEMBER 24, 1970


engineering, and related pertinent infor-
mation, not included in the transcript of
the public hearing, may also be
considered.
Datecd: December 23, 1970.
JoHN H. LuDwic,
Acting Commissioner
Air PollutionControl Office.
[F.R. Do=. '70-17450; Piled, Dec. 23, 1970;
11:56 am.]
INTERSTATE COMMERCE
COMMISSION
[Notice 1171
MOTOR CARRIER, BROIER, WATER
CARRIER AND FREIGHT FOR-
WARDER APPLICATIONS
DECEMBER 18, 1970.
The following applications are gov-
erned by Special Rule 1100.247' of the
Commission's general rules of practice
(49 CFR, as amended), published in the
FEDERAL REGISTER issue of April 20. 1966,
effective May 20, 1966. These rules pro-
vide, among other things, that a protest
to the granting of an application must
be filed with the Commission within 30
days after date of notice of filing of the Omaha, NE 68114. Applicant's represent-
application is published in the FEDERAL
REGISTER. Failure seasonably to file a
protest will be construed as a waiver of
opposition and participation in the pro-
ceeding. A protest under these rules
should comply with section 247(d) (3) of
the rules of practice which requires that
it set forth specifically the grounds upon
which it is made, contain a detailed
statement of protestant's interest in the
proceeding (including a copy of the
specific portions of its authority which
protestant believes to be in conflict with
that sought in the application, and
describing in detail the method-whether
by joinder, interline, or other means-
by which protestant would use such au-
thority to provide all or part of the
service proposed), and shall specify with
particularity the facts, matters, and
things relied upon, but shall not include
issues or allegations phrased generally.
Protests not in reasonable compliance
with the requirements of the rules may
be rejected. The original and one copy
of the protest shall be filed with the
Commission, and a copy shall be served
concurrently upon applicant's represent-
ative, or applicant if no representative
is named. If the protest includes a re-
quest for oral hearing, such requests
shall meet the requirements of section
247(d) (4) of the Special Rules, and by motor vehicle, over Irregular routes,
shall include the certification required transporting: Heat exchangers and
therein.
Section 247(f) of the Commission's chinery
rules of practice further provides that midifying, and moving of air,gas or liq-
each applicant shall, if protests to its uids and parts, attachments and acces-
I Copies of Special Rule 247 (as amended) operation of the above-named items,
can be obtained by writing to the Secretary, from points In Tennessee, to points in
Interstate Commerce Commission, Washing- the United States including Alaska, but
ton, D.C. 20423.
FEDERAL REGISTER, VOL 35, NO. 249-THUSDAY, DECEMBER 24, 1970
NOTICES
application have been filed, and within
60 days of the date of this publication,
notify the Commission in writing (1)
that it is ready to proceed and prosecute
the application, or (2) that It wishes to
withdraw the application, failure In
which the application will be dLsmslsed
by the Commission.
Further processing steps (whether
modified procedure, oral hearing, or
other procedures) will be determined
generally in accordance with the Com-
mission's General Policy Statement Con-
cerning Motor Carrier Licensing Proce-
dures, published in the FEDERAL REc ra
issue of May 3,1966. This assignment will
be by Commission order which will be
served on each party of record,
The publications hereinafter cet forth
reflect the scope of the applications as
filed by applicants, and may include de-
scriptions, restrictions, or limitations
which are not In a form acceptable t6 the
Commission. Authority which ultimately
may be granted as a result of the appli-
cations here noticed will not necessarily
reflect the phraseology set forth in the
application as filed, but also will elimi-
nate any restrictions which are not ac-
ceptable to the Commission.
No. MC 2392 (Sub-No. 80), filed No-
vember 23, 1970. Applicant: WHEEER
TRANSPORT SERVICE, INC., Post Of-
fice Box 14248, West Omaha Station,
atives: Keith D. Wheeler (same address
as applicant), and Leonard A. Jackie-
wicz, 1730 M Street NW., Washington,
DC 20036. Authority sought to operate
as a common carrier,by motor vehicle,
over irregular routes, transporting: Veg-
etable oils, crude or refined and blends
thereol, from the plantsite of Archer
Daniels Midland Co., at Lincoln, Nebr.,
to points in Arizona, Arkansas, Califor-
nia, Colorado, Idaho, Illinois, Iowa, Kan-
sas, Minnesota, Missouri, Montana. Ne-
braska, New Mexico, North Dakota,
Oklahoma, Oregon, South Dakota,
Texas, Utah, Washington, and Wyoming.
NOTE: Applicant states that the re-
quested authority cannot be tacked with
its existing authority. If a hearing is
deemed necessary, applicant requests it
be held at Washington, D.C., or Chicago.
Ill.
No. MC 4405 (Sub-No. 482) (Amend-
ment), filed Octbber 12, 1970, published
in the FEDERAL REGsTER I"sue of Novem-
ber 5, 1970, and republished as amended.
this issue. Applicant: DEALERS TRAN-
SIT, INC., 7701 South Lawndale Avenue,
Chicago, 3L 60652. Applicant's repre-
sentative: Robert E. Joyner, 2111 Sterlek
Building, Memphis, TN 38103. Authority
sought to operate as a common carrier,
equalizers for air, gas or liquid; ma-
and equipment for heating,cool-
ing, conditioning, humidifying, dehu-
sories for use in the installation and
excluding HawaiL No=: Applicant
19599
states that the requested authority can-
not be tacked with Its existing authority.
The purpose of this republication is to
broaden the territorial scope of the ap-
plication from Jackson, Tenn., to points
in Tennessee. If a hearing is deemed
necessary, applicant requests it be held
at Memphis, Tenn.
No. MC 4964 (Sub-No. 39), filed No-
vember 27, 1970. Applicant: ROY L.
JONES, INC., 915 McCarty Avenue, Post
Office Box 24128, Houston, TX 77029. Ap-
plicant's representative: Austin L. Hat-
chell, 1101 Perry Brooks Building,
Austin, TX 718701. Authority sought to
operate as a common carrier, by motor
vehicle, over irrezular routes, transport-
ing: (a) Antipollution systems, equip-
me t and p-arts; liquid cooling and vapor
condensing systems, equipment and
parts; environmental control and pro-
tective sijatems, equipment and parts;
(b) equipment, materials, and supplies
used in the construction or installation
of antipollution and environmental con-
trol and protective systems, and liquid
cooling and vapor condensing systems
(1) btween points in Alabam, Arkan-
sas, Florida, Georgia, Kansas. Louisiana,
Mississippi, New Mexico, Missouri, Ok-
lahoma, Tennessee, and Texas; and (2)
between points in the States named in
(1) above, on the one hand, and, on the
other, points in the United States (ex-
cept Hawaii). NoE: Applicant states
that the requested authority cannot be
tacked with Its existing authority. If a
hearing, is deemed necessary, applicant
requests It be held at Hoiston or Dallas,
Tex.
No. MC 10761 (Sub-No. 250), filed No-
vember 30, 1970. Applicant: TRANIS-
AMERICAN FREIGHT LINES. INC,
1700 North Waterman Avenue, Detroit,
I 48209. Applicant's representatives:
L. G. Naidow (same address as appli-
cant), and A. Atris Layne, 915 Pennsyl-
vania Building, Washington, DC 20004.
Authority sought to operate as a common
carrier,by motor vehicle, over irregular
routes, transporting: Meats, meat prod-
ucts, and meat byproducts and articles
distributed bYJ meat paclinghouses, as
dEscribed in sections A and C of appendix
I to the report in Descriptio=in Motor
Carrier Certificates, 61 M.C.C. 209 and
766 (except hides and commodities in
bulk in tank vehicles), from the plant-
site of and storage facilities utilized by
Aristo Kansas Meat Packers, Inc., at or
near Holton, Hans., to points in Connect-
Icut, Delaware, Georgia, Indiana, Ken-
tucky, Maine, Maryland. Massachusetts,
Michigan, New Hampshire, New Jersey,
New York, North Carolina, Ohio, Penn-
sylvania, Rhode Island, South Carolina,
Tennessee, Vermont, Virginia, West Vir-
glnia, and the District of Columbia.-
NOTE: Applicant states that the requested
authority cannot be tacked with Its exist-
Ing authority. If a hearing is deemed
nece.sary, applicant requests it be held
at Kansas City, Mo. o
No. MC 10761 (Sub-No. 251), filed De-
cember 4, 1970. Applicant: TRANS-
AMERICAN FREIGHT LTES, INC.,
1700 North Waterman Avenue, Detroit,
MI 48209. Applicant's representatives: