tile.loc.gov · FRIDAY, APRIL 14, 1972 WASHINGTON, D.C. Volume 37 K Number 73 Pages 7381-7471 PART...

FRIDAY, APRIL 14, 1972WASHINGTON, D.C.

Volume 37 K Number 73

Pages 7381-7471

PART I(Part I begins on page 7469) ' .c

HIGHLIGHTS OF THIS ISSUEThis listing does not affect the legal statusof ary document published In this issue. Detailedtable of contents appears Inside.

CAMPAIGN SPENDING--Comptroller Generalissues Federal election expenditure limitationsand presidential campaign filing dates --------- 7469

CHILD POISON PREVENTION-FDA proposeschild-proof packaging for cigarette and charcoallighter fluids and torch fuels containing petro-leum distillates and household substances con-taining turpentine (2 documents); commentswithin 60 days ... 7407, 7408

TELECOMMUNICATIONS-FCC updates and simplifies rules governingthe Emergency Broadcast System; effective .11-2-72---- .----........... 7396FCC guidelines, effective 10-1-72, for primetime broadcasting of "off-network" programsand feature films .... - -..-...-............ ............. 7412

COMMUNITY DEVELOPMENT AND HUD GRANTASSISTANCE-HUD selection criteria for Neigh-borhood Development projects, Open Space Landprograms, and other development activities;effective 5-15-72 ..------ .... 7388

ENVIRONMENT-AEC notice of availability ofimpact statement for Vermont Yankee NuclearPower Station .. .....-..... _....... ..................... 7423

AIR FARES-CAB upholds Eastern Air Lines pro-posal concerning weekend excursion fares formainland to San Juan/Virgin Islands flights,...---- 7412

FIRE PREVENTION-National Commission onFire Prevention and Control announces 4-24-72hearing in Dallas on issues including fire fighterprotective equipment and community relations.... 7413

No. 73--Pt. I-1

Just Released

CODE OF FEDERAL REGULATIONS

(Revised as of January 1,1972)

Title 5-Administrative Personnel ------------------ $1.75Title 7-Agriculture (Parts 900-944)---------------

Title 7-Agricultiae (Parts 945-980)---------------

[A dumulative checklist of (JFR issuatces for 1972 appears in the first issueof the Federal Register each month under Title 1]

Order from Superintendent of Documents,United States Government Printing Office,

Washington, D.C. 20402

1.751.00

Published daily, Tuesday through Saturday (no publication on Sundaya, MondayS, orFEBE FRon the day after an official Federal holiday), by the Office of the Federal Register, NationalArchives and Records Service, General Services Administration, Washington, D.O. 20400,Area Code 202 Phone 962-8626 pursuant to the authority contained in the Federal Register Act, approved July 20, 1035(49 Stat. 500, as amended; 44 U.S.C., Ch. 15), under regulations prescribed by the Administrative Committee of the Federal Roglter, ap-proved by the President (1 CPREl Ch. I). Distribution Is made only by the Superintendent of Documents, U.S. Government Printing OfflCe,Washington, D.C. 20402.

The FEDERAL REGISTR will be furnished by mail to subscribers, free of postage, for $2.50 per month or $25 per year, payable Inadvance. The charge for individual copies is 20 cents for each issue, or 20 cents for each group of pages as actually bound. Remit oheck ormoney order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

The regulatory material appearing herein is keyed to the CODE OF FEDERAL REGULATIONS, which is published, under 50 titles, puritlantto section 11 of the Federal Register Act, as amended (44 U.S.0, 1510). The CODE oF FEDERAL REGULATIONS IS sold by the Suporintendontof Documents. Prices of new books are listed in the- first FEDERAL REGISTER issue of each month.

There are no restrictions on the republication of material appearing in the FEDERAL REGISTER or the CoDE or FEDERAL REaULATio0a,

ContentsAGRICULTURE DEPARTMENTSee Animal and Plant Health In-

spection Service; Rural Elec-trification Administration.

ANIMAL AND PLANT HEALTHINSPECTION SERVICE

Rules and Regulations'Hog cholera and other communi-

cable swine diseases; areasquarantined ------- 7385

ASSISTANT SECRETARY FORCOMMUNITY DEVELOPMENTOFFICE

Rules and RegulationsProject selection systems for cer-

tain community developmentprograms ----------------- 7388

ATOMIC ENERGYCOMMISSION

NoticesPortland General Electric Co. et

a-; hearing on suspension ofconstruction activities ........- 7422

Public Service Eldctric and GasCo.; receipt of application forfacility operating license-.... 7423

State of Nevada; proposed agree-ment for assumption of certainAEC regulatory authority-..... 7424

Vermont Yankee Nuclear PowerCorp.; availability of draft de-tailed statement on environ-mental considerations -------- 7423

CIVIL AERONAUTICS BOARDNoticesHealings, etc.:

Automotive cargo investiga-tion --------- ---- 7411

Eastern Air Lines, Inc -------- 7412International Air Transport As-

sociation ---------------- 7411

CIVIL SERVICE COMMISSIONRules and RegulationsExcepted service:

Executive Office of the Presi-dent --------------- 7385

Health, Education, and WelfareDepartment -------------- ' 7385

COMPTROLLER GENERALNoticesFederal election expenditure limi-

tations and presidential cam-paign filing dates ........... ------- 7470

EMPLOYMENT STANDARDSADMINISTRATION

NoticesMinimum wages for Federal and

federally assisted construction;area wage determination deci-sions, modifications and super-sedeas decisions; new deter-minations 7428

FEDERAL AVIATIONADMINISTRATION

Rules and RegulationsAirworthiness directives; Boeing

Model 707/720 series airplanes;correction ----------------- 7386

Control zone and transition area;alteration 7387

Extended over-water operations;definitions and abbreviations-. '1386

Transition areas:Alteration ---------------- 7387Designation 7387

Proposed Rule MakingBeech airplanes; airworthines

directive ------------------ 7409Restricted area; designation-__ 7410Transition areas; alterations (2

documents) ------------ _ 7409, 7410

FEDERAL COMMUNICATIONSCOMMISSION

Rules and RegulationsEmergeney action modification

system and emergency broad-cast system -----------.. .----- 7396

NoticesOff-network programs and feature

films; interpretations of rulerestricting presentation ..------ 7412

Standard broadcast applicationready and available for process-ing ------------------ 7413

FEDERAL POWER COMMISSIONNotices.Duke Power Co.: proposed fuel

cost adjustment clause ------- 7413

FISH AND WILDLIFE SERVICERules and RegulationsIzembeh National Wildlife Range,

Alaska; public access, use, andrecreation 7406

FOOD AND DRUGADMINISTRATION

Rules and RegulationsFood additives; additional safe

and effective use of tylosin._ 7387Proposed Rule MakingChild protection packaging stand-

ards:Household substances in liquid

form containing turpentine. '1407Liquid kindling and/or Illumi-

nating preparations contain-- inm petroleum distillates.... 7403

HEALTH, EDUCATION, ANDWELFARE DEPARTMENT

See Food and Drug Administra-tion.

HOUSING AND URBANDEVELOPMENT DEPARTMENT

Sec Assistant Secretary for Com-munity Development Office.

INTERIOR DEPARTMENTSee Fish and 'Wldlife Service;

National Park Service.

INTERSTATE COMMERCECOMMISSION

NoticesAssIgnment of hearings -------- 7414Atchison, Topeka and Santa Fe

Railway Co.; rerouting or diver-sion of traflc .............. 7414

Motor carriers:Temporary authority -applica-

tions (3 documents) .... 7414-7419Transfer proceedings -------. 7422

LABOR DEPARTMENTSee also Employment Standards

Administration.NoticesAdvisory Council on Employee

Welfare and Pension BenefitPlans; recommendations forappointment ------------- 746

(Continued on rext page)

7383

CONTENTS

NATIONAL COMMISSION ONFIRE PREVENTION ANDCONTROL

NoticesProblems of Fire Service; public

hearing ------------------ 74

NATIONAL PARK SERVICEProposed Rule MakingCape Cod National, Seashore,

Mass.; ovrsand vehicle opera-tion ------------------------ 74

RURAL ELECTRIFICATIONADMINISTRATION

Proposed Rule MakingConstruction of .REA-financed

rural electrification facilities;procedures for closeout of con-

13 struction contracts ------------NoticesEngineering and construction of

REA-financed electric distribu-tion, transmission, communica-tion, and generation facilities;

07 standard contract forms ------

7407

SECURITIES AND EXCHANGECOMMISSION

NoticesDern's Selected Funds, Inc.: filing

of application for an order de-claring that company has ceasedto be an investment company.. 7413

TRANSPORTATION DEPARTMENTSee Federal Aviation Administra-

7411 tion.

List of CFR Parts Affected

The following numerical guide is a list of the pcarts of each.title of the Code of Federal Regulations affectod bydocuments published in todays issue. A cumulative list of parts affected, covering the current month to dato,appears following the Notices section of each issue beginning with the second issue of the month.

- A cumulative guide is published separately at the end of each month. The guide lists the parts and soctionaaffected by documents published since January 1,.1972, and specifies how they are affected.

5 CFR213 (2 documents) ------------ 7385

7 CFRPROPOSED RULES:

1701 ---------------------- 7407

9 CFR76 ------------------------ 7385

14 CFR1 ------------------------------ 738639 ---------------------------- 7 38671 (3 documents) ------------- 7387.

PROPOSED RULES:39 ------------------------ 740971 (2 documents) ---------- 7409, 741073 ------------------------ 7410

21 CFR121 ----------------------- 7387PROPOSED RULES:295 (2 documents) ---------- 7407, 7408

24 CFR511 --------------------- 7388540 --------------------- 7391541 ---------------------------- 7391551 ---------------------------- 7393561 ---------------------------- 7395

36 CFRPROPOSED RULES:

7 ------------------------------ 07

47 CFR73 ----------------------------- 7390

50 CFR28 ----------------------------- 7400

7384

7385

Rules and Regulations

- Title 5-ADMINISTRATIVE Title 9-ANIMALS AND ANIMALPERSONNEL

Chapter I-Civil Service Commission

PART 213-EXCEPTED SERVICE

Executive Office of the President

Section 213.3303 is amended to showthat two positions of Confidential Secre-tary to the Director and one position ofConfidential Secretary to the Deputy Di-rector, Special Action Office for DrugAbuse Prevention, are excepted underSchedule C.

Effective on publication in the FEDERALRkGISTER (4-14-72), paragraph (j) isadded to § 213.3303 as set out below.

§213.3303 Executive Office of thePresident.

Qi) Special Action Offce for DrugAbuse Prevention. (1) Two ConfidentialSecretaries to the Director.

(2) One Confidential Secretary to theDeputy Director.(5 U.S.C. sees. 3301, 3302, E.O. 10577; 3 CFR1954-58 Comp. p. 218)

UNITED STATES CIVIL SERV-IcE CoMMESsoN,

[SEAL] JAMES C. SPRY,Executive Assistant to

the Commissioners.[PiR Doc.72-5687 Filed 4-13-72;8:46 am]

PART 213-EXCEPTED SERVICE

Department of Health; Education,and Welfare

Section 213.3316 is amended to showthat one position of Assistant Commis-sioner for Public Affairs, office of Educa-tion, is excepted under Schedule C.

Effective on publication in the FEDERALREGISTER (4-14-72), subparagraph (12)is added to paragraph (c) of § 213.3316as set out below.§ 213.3316 Department of Health, Ed-

ucation, and Welfare.

(c) Office of Education. * * *(12) Assistant Commissioner for Pub-

lic Affairs.

(5 U.S.C. sees. 3301, 3302, E.O. 10577; 3 COP195-58 Comp. p. 218) _

UNITE STATES CIVIL SERV-ICE COMMISSION,

[SEAL] JAMS C. SPRY,Executive Assistant to

the Commissioners.[IF -Doc.72-5688 Filed 4-13-72;8:46 am]

PRODUCTSChapter I-Animal and Plant Health

Inspection Service,' Department ofAgriculture

SUBCHAPTER C-INTERSTATE TRANSPORTATIONOF ANIMALS (INCLUDING POULTRY) AND AN-IMAL PRODUCTS

[Docket No. 72-5121

PART 76-HOG CHOLERA ANDOTHER COMMUNICABLE SWINEDISEASES

Areas QuarantinedPursuant to provisions of the Act of

May 29, 1884, as amended, the Act ofFebruary 2, 1903, as amended, the Actof March 3, 1905, as amended, the Actof September 6, 1961, and the Act ofJuly-2, 1962 (21 U.S.C. 111-113, 114g,115, 117, 120, 121, 123-126, 134b, 134f),Part 76, Title 9, Code of Federal Regu-lations, restricting the interstate move-ment of swine and certain products be-cause of hog cholera and other commu-nicable swine diseases, is hereby amendedin the following respects:

1. In § 76.2, paragraph (e) (1) relat-Ing to the State of, Texas Is amendedto read:

(e) * * *(1) Texas. That portion of the State

of Texas comprised of all Cameron,Fayette, Gonzales, Hidalgo, Lavaca,Starr, Webb, and Willacy Counties.

2. In § 76.2, in paragraph (e) (3) relat-ing to the State of North Carolina, sub-division (II) relating to Johnston Countyis amended to read:

(e) * * *(3) North Carolina. * 0U) That portion of Johnston County

bounded by a line beginning at the Junc-tion of U.S. Highway 301 and US. High-way 70; thence, following US. Highway10 in an easterly direction to SecondaryRoad 2508; thence, following SecondaryRoad 2508 in a southerly direction toSecondary Road 1007; thence, followingSecondary Road 1007 In a westerly di-rection to the west bank of PolecatBranch; thence, following the west bankof the Polecat Branch in a generallysoutheasterly, then southerly directionto the Neuse River; thence, crossing theNeuse River in a southerly direction;

'The functions prezcribed in Part 70 ofChapter 1, 9 CFR, have been transferred fromthe Animal and Plant Health Service, US.Department of Agriculture, to the Animaland Plant Health Inspictlon Service of theDepartment (37 P.. 6327, 6505).

thence, following the south bank of theNeuse River In a southeasterly directionto the dirt road extension of SecondaryRoad 1184; thence, following the dirtroad extension in a southerly directionto Secondary Road 1184; thence, follow-ing Secondary Road 1184 in a southwest-erly direction to Secondary Road 1009;thence, following Secondary Road 1009in a southeasterly direction to SecondaryRoad 1179; thence, following SecondaryRoad 1179 in a southwesterly directionto U.S. Highway 701; thence, followingUS. Highway 701 In a northwesterly di-rection to Secondary Road 1178; thence,following Secondary Road 1178 in anorthwesterly direction to US. High-way 301; thence, following U.S. Highway301 in a southwesterly direction to Sec-ondary Road 1162; thence, followingSecondary Road 1162 in a northwesterlydirection to Secondary Road 1350;thence, following Secondary Road 1350In a southwesterly direction to Second-ary Road 1330; thence, following Sec-ondary Road 1330 in a northwesterly;-then generally northeasterly direction toSecondary Road 1010; thence, followingSecondary Road 1010 in a southeasterlydirection to Secondary Road 1562;thence, following Secondary Road 1562In a generally northwesterly, then north-easterly direction to Secondary Road1563; thence, following Secondary Road1563 In a generally easterly direction toU.S. Highway 70; thence, following US.Highway 70 In a southeasterly directionto its Junction with US. Highway 301.

3. In § 762., a new paragraph (e) (5)relating to the State of Georgia is addedto read:

(e) * 0 0(5) Georgia. That portion of Tattnall

County bounded by a line beginning atthe Junction of State Highway 147 andthe Tattnall-Toombs County line;thence, following State Highway 147 in asoutheasterly, then northeasterly direc-tion to US. Highway 280; thence, fol-lowing US. Highway 280 in a north-easterly direction to the Tattuall-EvansCounty line; thence, following the Tatt-nail-Evans County line in a generallysoutheasterly direction to the intersec-tion of the Tattnall-Evans-LibertyCounty lines; thence, following the Tatt-nail-Liberty County line in a south-westerly direction to the intersection ofthe Tattnal-Lberty-Long County lines;thence, following the TattnalI-LongCounty line In a generally southwesterlydirection to the intersection of the Tatt-nail-Long-Wayne County lines; thence,Yollowing the Tattnall-Wayne Countyline in a northwesterly direction to theintersection of the TattnaU-Wayne-Appling County lines; thence, followingthe Tattnall-Appllng County line in a

FEDERAL REGISTER, VOL 37, NO. 73-FRIDAY, APRIL 14, 1972

RULES AND REGULATIONS

northwesterly direction to the intersec-tion of the Tattnall-Appling-ToombsCounty lines; thence, following the Tatt-nal-Toombs County line in a north-easterly direction to its junction withState Highway 147.

4. In § 76.2, the references to theStates of Arkansas, Missouri, and NorthCarolina in paragraph (f) are deleted,and paragraph (g) is amended by add-ing thereto the names of the States ofArkansas and Missouri.(Sees. 4-7, 23 Stat. 32, as amended; sees. 1and 2, 32 Stat. 791-792, as amended; sees.1-4, 33 Stat. 1264, 1265, as amended; sec. 1,75 Stat. 481; sees. 3 and 11, 76 Stat. 130, 132;21 U.S.C. 111-113, 114g, 115, 117, 120, 121,123-126, 134b, 134f; 29 FR. 16210, asamended; 37 FR. 6327, 6505)

Effective date. The foregoing amend-ments shall become effective uponissuance.

The amendments quarantine all ofFayette and Lavaca Counties in Texas;an additional portion of JohnstonCounty in North Carolina; and a por-tion of Tattnall County in Georgia be-cause of the existence of hog cholera.This action is deemed necessary to pre-vent further spread of the disease. Therestrictions pertaining to the interstatemovement of swine and swine productsfrom or through, quarantined areas ascontained i4 9 CFR Part 76, as amended,will apply to the quarantined areas.

The amendments exclude "Atascosa,Bee, Bexar, De Witt, Duval, Gollad,Jackson, Karnes, Victoria, and WilsonCounties in Texas from the areas quar-antined because of hog cholera. There-fore, the restrictions pertaining to theinterstate movement of swine and swineproducts from or through quarantinedareas as contained in 9 CFR Part 76, asamended, will not apply to the excludedareas, but will continue to apply to thequarantined areas described in § 76.2(e).Further, the restrictions pertaining tothe interstate movement of swine andswine products from nonquarantinedareas contained in said Part 76 will applyto the areas excluded from quarantine.

The amendments delete Arkansas, Mis-souri, and North Carolina from the listof hog cholera Eradication States in§ 76.2(f) and add Arkansas and Missourito the list of hog cholera Free States in§ 76.2(g). The special provisiong per-taining to the interstate movement ofswine and swine products from Eradica-tion and Free States remain applicableto Arkansas and Missouri. However, thegeneral restrictions pertaining to inter-state movement from nonquarantinedareas contained in 9 CFR Part 76 willapply to the nonquarantined portionsof North Carolina.

Insofar as the amendments imposecertain further restrictions necessary toprevent the spread of hog cholera, theymust be made effective immediately toaccomplish their-purpose in the publicinterest. Insofar as they relieve restric-tions, they should be made effectivepromptly in order to be of maximumbenefit to affected persons. It does notappear that public participation in this

rule making proceeding would make ad-ditional relevant information availableto this Department.

Accordingly, under the administrativeprocedure provisions in 5 U.S.C. 553, itis found upon good cause that noticeand other public procedure with respectto the amendments are impracticable,unnecessary, and contrary to the pub-lic interest, and good cause is found formaking them effective less than 30 daysafter publication in the FEDERAL REGISTER.

Done at Washington, D.C., this lthday of April 1972.

G. H. WISE,Acting Administrator, Animal and

Plant Health Inspection Service.[F Doc.72-5697 Filed 4-13-72;8:47 am]

Title 14-AERONAUTICSAND SPACE

Chapter I-Federal Aviation Adminis-tration, Department of Transportation

[Docket No. 11422, Amdt. 1-22]

PART 1-DEFINITIONS ANI?,ABBREVIATIONS

Extended Over-Water OperationsThe purpose of this amendment to

Part 1 of the Federal Aviation Regula-tions is to accommodate the use of heli-copters in various types of operations re-quiring them to operate at distancesgreater than 50 miles from the nearestshoreline.

This amendment is based on a noticeof proposed rule-making (Notice 71-27)published in the FEDERAL REGISTER onSeptember 28, 1971 (36 P.R. 19091).

This amendment to the definition of"extended over-water operation" makesa distinction between those operationsconducted with aircraft other than hell-copters and those conducted with heli-copters. Specifically, this amendmentchanges the definition to make it en-compass a helicopter only If it is beingoperated more than 50 nautical milesfrom the nearest shoreline and is notwithin 50 nautical miles of an off-shoreheliport structure.

Comments received in response to No-tice 71-27 were almost unanimous intheir approval of the proposed amend-ment. Certain comments expressed theopinion that the definition as amendedherein, wbuld be detrimental to safetyconsidering the limited gliding abilityand seaworthiness of helicopters. How-ever, we do not believe such an opinion issupported by helicopter operating expe-rieice under the current definition,which has permitted operations to beconducted up to a distance of 50 milesfrom the nearest shoreline before comingwithin the definition of an extendedover-water operation, and it is reasonableto assume that operating experience willnot differ for helicopter operations con-ducted up to 50 miles from an off-shore

heliport structure, as provided for in thoamendment.

With respect to this amendment, Itwill be noted that two conditions mustbe satisfied in order for a helicopteroperation to become an "extended over-water operation." First, the operationmust be over water at a horizontal dis.tance of more than 50 nautical mile3from the nearest shoreline; and second,it must be more than 50 nautical mileifrom an off-shore heliport structure. Ac-cordingly, the operation of a helicopterdoes not constitute an extended over-water operation when It is being oper-ated within 50 nautical miles from thenearest shoreline, nor does It constitutesuch an operation when more than 50nautical miles from the nearest shore-line, if it is being operated within 50nautical miles of an off-shore heliportstructure.

This amendment differs from the pro-posal by omitting the word "suitable" indescribing an "off-shore heliport struc-ture," to ensure consistency with .thedefinition of the term "heliport" as cur-rently prescribed in Part 1.

In consideration of the foregoing, thedefinition of "extended over-water oper-ation" in § 1.1 of the Federal AviationRegulations is amended, effective April14, 1972, to read as follows:§ 1.1 General definitions,

"Extended over-water operation"means-

(1) With respect to aircraft otherthan helicopters, and operation overwater at a horizontal distance of morethan 50 nautical miles from the nearestshoreline; and

(2) With respect to helicopters, anoperation over water at a horizontal dis-tance of more than 50 nautical milesfrom the nearest shoreline and more than50 nautical miles from an off-shore heli-port structufe.

(See. 313(a), Federal Aviation Act of 1050,49 U.S.O. 1354(a); sec. 6(c), Department cfTransportation Act, 49 U.S.O. 1665(c))

Issued in Washington, D.C., on April 10,1972.

J. I. SIATFER,Aclministrator.

[ER Doc.72-5673 Filed 4-13-7218:45 am]

(Airworthiness Docket No. 68-WE--12-AD,

Amdt. 39-1420]

PART 39-AIRWORTHINESSDIRECTIVES

Boeing Model 707/720 SeriesAirplanesCorrection

In P.R. Doe. 72-4932 appearing at page6570 in the issue of Friday, March 31,1972, the word "required" in the secondline of paragraph (a) of the Airworthi-ness Directive should read "repaired".

FEDERAL REGISTER, VOL. 37, NO. 73-FRIDAY, APRIL 14, 1972

7386

[Airspace Docket No. 72-SO-13]

PART 71-DESIGNATION OF FEDERALAIRWAYS, AREA LOW ROUTES,CONTROLLED AIRSPACE, AND RE-PORTING POINTSDesignation of Transition Area

On 3 ebruary 26, 1972, a notice of pro-posed rule making was published in theFEDERAL REGISTER (37 F.R. 4096), statingthat the Federal Aviation Administra-tion was considering an amendment toPart 71 of the Federal Aviation Regula-tions that would designate the McRae,Ga., transition area.

Interested persons were afforded anopportunity to participate in the rulemaking through the submission of com-ments. All comments received werefavorable.

In consideration of the foregoing, Part71 of the Federal Aviation Regulationsis amended, effective 0901 G~m.t.,June 22, 1972, as hereinafter set forth.

In § 71.181 (37 F.R. 2143), the follow-ing transition area is added:

MCR&E, GA.That airspace extending upward from 700

feet above the surface within a 7-mile radiusof Telfair-Wheeler Airport (lat. 32°05'46"N., long. 82°52'55" W.);.within 3 miles eachside of the 030* bearing from McRae RBN(lat. 32*05'40" N., long. 82*53'02" W.), ex-tending from the 7-mile radius area to8.5 miles northeast of the RBN.(Sec. 307(a), Federal Aviation Act of 1958, 49U.S.C. 1348(a); see. 6(c), Department ofTransportation Act, 49 U.S.C. 1655(c))

Issued in East Point, Ga., on April 6,1972.

-DuANE W. FREE%Acting Director,Southern Region.

[PR Doe. 72-5674 Filed 4-13-72; 8:45 am]

[Airspace Docket No. 72-SO-32]

PART 71-DESIGNATION OF FEDERALAIRWAYS, AREA LOW ROUTES,CONTROLLED AIRSPACE, AND RE-PORTING POINTS

Alteration of Transition Area

The purpose of this amendment toPart 71 of the Federal Aviation Regula-tions is to alter the Sumter, S.C., transi-tion area.

The Sumter transition area is de-scribed in § 71.181 (37 FR. 2143). In thedescription, an, extension is predicatedon the ILS localizer southwest course andhas a designated width of 7 miles and alength of 11.5 miles.

U.S. Standards for Terminal Instru-ment Procedures (TERPs), issued afterextensive consideration and discussionwith government agencies and concernedand affected industry groups, are nowbeing applied to update .the criteria forairspace approach procedures. The cri-teria for the designation of controlledairspace protection for these procedureswere revised to conform to TERPs and


achieve increased and efficient utiliza-tion of airspace.

Because of this revised criteria, it Isnecessary to alter the description to in-crease the width of the extension predi-cated" on the ILS localizer southwestcourse to 10 miles ,and the length to13.5 miles.

In consideration of the foregoing, no-tice and public procedure hereon are un-necessary and Part 71 of the FederalAviation Regulations is amended, effec-tive immediately, as hereinafter set forth.

In § 71.181 (37 F.R. 2143), the Sumter,S.C., transition area is amended asfollows: " * * within 3.5 miles eachside of the ILS localizer southwest course,extending from the 8.5-mile radius areato 11.5 miles southwest of the OM 0 " ois deleted and "* * within 5 mileseach side of the IL.S localizer southwestcourse, extending from the 9.5-mileradius area to 13.5 miles southwest of theOAT * * " is substituted therefor.(See. 307(a), Federal Aviation Act of 1958,

49 U.S.C. 1348(a): sec. 6(c), Department ofTransportation Act, 49 U.S.C. 1655(c))

Issued in East Point, Ga., on April 7,1972.

DutM W. FRER.Acting Director,Soutlern Region.

[FR Doe.72-5675 Filed 4-13-72;8:45 am]

[Airspace Docket No. 71-SO-1491

PART 71-DESIGNATION OF FEDERALAIRWAYS, AREA LOW ROUTES,CONTROLLED AIRSPACE, AND RE-PORTING POINTSAlteration of Control Zone and

Transition AreaThe purpose of this amendment to

Part 71 of the Federal Aviation Regula-tions is to alter the Selma, Ala., controlzone and transition area.

The Selma control zone Is described In§ 71.171 (37 P.R. 2056) and the transitionarea is. described In § 71.181 (37 P.R.2143).

U.S. Standards for Terminal Instru-ment Procedures (TERP's), issued afterextensive consideration and discussionwith Government agencies concernedand affected industry groups, are nowbeing applied to update the.criteria forInstrument approach procedures. Thecriteria for the designation of controlledairspace protection for these procedureswere revised to conform to TERP's andachieve increased and efficlent utilizationof airspace.

Because of this revised criteria, It Isnecessary to amend the Selma controlzone and transition area descriptions.

In consideration of the foregoing, no-tice and public procedure hereon are un-necessary and Part 71 of the FederalAviation Regulations is amended, effec-tive 0901 .G.m.t., March 30, 1972, ashereinafter set forth.

73$7

In § 71.171 (37 P.R. 2056). the Selma,Ala., control zone is amended to read:

Smrs, A.L

Within a 5-mile radius of Craig AFB (lat.32120'30" I. long. 86"59'15" W.); within 2miles each side of the ILS locallzer.southeastcource, extending from the 5-mile-radiuszone to 0.5 mile southeast of the LOM;within 1.5 miles each side of Craig TACAN320" radial, extending from the 5-mlle-radiuszone to 5 miles northwet of the TACAN.

In § 71.181 (37 FR. 2143), the Selma,Ala., transition area is amended to read:

.SzmrA. ALA.

flat airspace extending upward from 700feet above the surface within a 9-mile radiusof Craig AFB (lat. 32*20'30" N., long. 861-59'151' W.); within 3 miles each side of theILS localizer southeast course, extendingfrom the 9-mlle-radlus area to 8.5 milessoutheast of the ONi; within a 5-mile radiusof Selfleld Airport (lat. 32*26'25" NX, long.89'57'10" W.); excluding the portion withinMontgomery transation area.

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

Issued n East Point,- Ga., on April 7,1972.

DUAN W. FREER,Acting Director, Southern Region.

[FR Doc.'72-5676 Filed 4-13-72;8:45 am]

Title 21-FOOD AND DRUGSChapter I-Food and Drug Adminis-

tration, Department of Health, Ed-ucation, and Welfare

SUBCHAPTER B-FOOD AND FOOD PRODUCTS

PART 121-FOOD ADDITIVES

Subpart C-Food Additives Permittedin Feed and Drinking Water of An-imals or for the Treatment of Food-Producing Animals

TYLosnrThe Commissioner of Food and Drugs

has evaluated a supplemental new ani-mal drug applicatoni'(41-275V) filed byElanco Products Co., Post Office Box1750, Indianapolis, Ind. 46206, proposingan additional safe and effective use oftylosin in combination with sulfametha-zinc in the feed of swine. The supple-mental application Is approved.

Therefore, pursuant to provisions ofthe Fpderal Food, Drug, and CosmeticAct (see. 512(), 82 Stat. 317; 21 U.S.C.360b(i)) and under authority delegatedto the Commissioner (21 CPR 2-120),Part 121 Is amended in § 121.217(d) byeditorially revising the heading in theexisting table and by revising item 6, inthe "Indications for use" column in thetable, as follows:§ 121.217 Tylos i

(d)



TyLosm iN ANfIAL FxsD

Principal Grams Combined with- Grams Limitations Indications for useingredient per ton per ton

*.. "'00 .. .....

0. T ------ 100 Sulfamethazine.... 100 For swine; as tylosin Maintaining weight gains and feedphosphate; with- efficiency In the presence ofdraw 5 days before atrophic rhiultis; lowering theslaughter. incidence and severity of

bordetella bronchisepticarhinitis; prevention of swinedysentery (vibrionlo); control orswine pneumonlas caused bybacterial pathogens (P. mu -tocida andfor C. pyogcnes).

Effective date. This order shall be effective upon publication in the FEDERALREGISTER (4-14-72).(See. 512 (i), 82 Stat. 347; 21 U.S.C. 360b (i))

Dated: April 4,1972.C. D. VAN HOUWELING,

Director,Bureau of Veterinary Medicine.

[FR Doc.72-5625 Filed 4-13-72;8:45 am]

Title 24-HOUSING ANDURBAN DEVELOPMENT

Chapter V-Office of Assistant Secre-tary for Community Development,Department of Housing and UrbanDevelopment

[Docket No. R-72-150]

PROJECT SELECTION SYSTEMS FOR- CERTAIN COMMUNITY DEVELOP-

MENT PROGRAMSOn November 25, 1971, notice of rule

making proposed the addition of newParts 511, 541, 551, and 561 to ChapterV of Title 24 of the Code of FederalRegulations (36 FR. 22590). Theseamendments, based on those proposals,provide the criteria by which the De-partment will evaluate applications forfunding under the Neighborhood Devel-opment Program, the Open Space LandProgram, the Neighborhood FacilitiesProgram, and the Public Facility LoansProgram. In addition, Part 551 super-sedes § 540.246, which sets forth projectselection criteria for the Open SpaceLand Program. Statements appearing insaid notice of proposed rule making arevalid only to the extent that said state-ments are included in the final Parts 511,541, 551, and 561 set forth below.

The Department received some 65comments, a majority of which favoredadoption of the proposed regulations.Many of the comments focused on theweight given to specific criteria. Carefulconsideration has been given to thismatter as well as other pertinent sug-gestions. In response to the comments,the following principal changes havebeen adopted in the final regulations:

Sections 511.1(b), 541.1(b), 551.1(b)and 561.1(b) have bven amplified to clar-ify procedures used by the Area OfficesIn applying these project selection sys-tems. Because there must be close coor-

dination of the Community Developmentprojects covered by these regulationswith other Department programs, proj-ects involving new communities or suchother critical and innovative projectsas the Assistant Secretary for Commu-nity Development may determine areexcluded from those project selectionsystems.

Sections 541.2, 551.2, and 561.2 nowinclude a specific definition of 'appli-cant" to prevent any implication thateligibility to apply for assistance underthe affected programs is limited by thedefinitions of "locality."

Sections 511.4(d), 541.4(c), 551.4(a),and 561.4(c) are revised to include asprogram requisites acceptable assurancesof compiqance with the Uniform Reloca-tion Assistance and Real Property Ac-quisition Policies Act of 1970 (42 U.S.C.4601) and the absence of any known im-pediment to meeting HUD's relocationrequirements.

Sections 511.14, 541.12, 551.16, and561.18 ae revised to apply the same cri-teria (with regard to local equal em-ployment and entrepreneurial effort) toapplicants without previous program ex-perience as are used to evaluate appli-cants with previous program experience.

In §§ 541.14, 551.2, and 561.20, to pre-vent ambiguity, a definition of the term"service area" is added and in § 511.16the term "service area" Is changed to"NDP area" as defined in § 511.2.

In the Neighborhood DevelopmentProgram (NDP), § 511.4(f), the citationof FzDEPAL REGISTER publication of theHousing Production and MortgageCredit Project Selection is corrected toread: 37 F.R.. 203-9, January 7, 1972.Section 511.10(a) is changed to includeprojects which will add to the housingstock without displacement. In § 511.10a new item (9), Inadequate Air andWater Quality, is added to the list ofenvironmental deficiencies. Section511.12(a) (1) is revised to give credit,among other things, to effective carry-ing out of relocation activities whichinvolve displacement.

In the Open Space Program, referenceito "Lega6 of Parks" have been deletedto avoid confusion. Section 541.8(o), thenumber of local regulatory measures re-quired to meet this criterion Is increasedfrom three to four; the wording of sub-paragraphs (5) and (6) Is revised forpurposes of clarification; and an addi-tional local regulatory measure Is addedin subparagraph (7). Section 541.10 (a)and (c) are revised to emphasize pre-ventive rather than curative factors.Section 541.10(e) is deleted to reflect thefact that predominantly Historic Pres-ervation projects are not covered by thisProject Selection Syttem.

In the Neighborhood Facilities Pro-gram, § 551.4 is corrected to show fourprogram prerequisites. In § 551.10 ref-erence Is made to the latest tailabledecennial census data rather than to the1970 Census. Section 551.14(b) (1) is re-vised to give credit, among other things,to effective carrying out of relocationactivities which Involve displacement.

In §§ 511.16(a) (1) and (2), 541.14(a)(1) and (2), 551.18(a) (1) and (2), and561.20(a) (1) and (2) points are de-creased to diminish emphasis on the me-dian income of the Jurisdiction and toincrease emphasis on Community De-velopment activities, §§ 511.22, 541.20,551.24, and 501.26.

Sections 511.20(a), 541.18(a), 551.-22(a), and 561.24(a) are amplified to dis-tinguish between the locality of theapplicant and the Jurisdiction of the ap-plicant. This will insure that where theapplicant is a public body that does nothave jurisdiction with regard to hous-ing, the locality's record can be meas-ured.

In the Public Facility Loans Program,in § 561.4, the citation concerning PartB, Urban Growth and New CommunityDevelopment Act of 1970 Is corrected.Section 561.6, Type of Project Is removedas a criteria for evaluating projects un-der this system, in conjunction with thechange made in § 561.1(b). Consequently,this section Is re-lettered, and § 561.10 Isreserved.

Accordingly, Chapter V of Titlo 24 ofthe Code of Federal Regulatlons Isamended, effective on May 15, 1072, by(1) deleting § 540.246 of Part 540, and(2) by adding new Parts 511, 541, 551,and 561 to read as set forth below.

FLoYD H, HxD,Assistant Secretary

for Community Deveopmcut.

PART 511-NEIGHBORHOOD DEVEL-OPMENT PROGRAM PROJECT SE-LECTION SYSTEM

Sec.511.1511.2511.4511.6511.8511.10511.12511.14

511.16

Scope.Definitions.Program prerequisites.griterla for evaluating applicatlon&Local effort and coordination.Impact of aroa selected.Program management capacity.Local equal employment and entre-

proneurlal olbort.Local need.



Sec.511.18 Commitment of local, county, State,

and Federal entities to project orprogram.

51120 Expansion of housing for low- andmoderate-income families.

511.22 Oommunity development.Ammon : The provisions of this Part 511

issued under secs.-131-134, of the HousingAct of 1949, as amended, 82 Stat. 518-520;42 U.S.C. 1469-1469c.

§ 511.1 Scope.(a) Purpose. This part sets forth cri-

teria and procedures to be used in pre-liminary evaluation of applications forFederal loan and grant assistance tolocal public bodies and agencies forNeighborhood Development Programs,which are urban renewal undertakingsand activities, in one or more urban re-newal areas, that are planned and car-ried out on the basis of annual incre-ments-

(b) Procedures. Submissions will firstbe reviewed against six prerequisites. Ifany of these prerequisites are not metthe application will be rejected. If theapplication appears to meet the prereq-uisites, it will be evaluated against thepoint rated criteria and assigned a pointrating. Then, depending upon the rela-tive rating of the application 'amongother such applications pending in thearea office, the applicant may be askedto submit further application material,with supporting documentation so thata final decision on the grant may bereached. Such application material issubject to reviews to determine compli-ance of the application with basic eligi-bility and technical requirements. If anapplication does not receive a highenough point rating to qualify for fund-Ing as compared to other pending appli-cations, or if the application cannot meetbasic eligibility or technical require-ments, the application and any support-ing documents will be returned to theapplicant with advice as to the areas ofdeficiency. Remedial action regardingthe deficiencies must be undertaken be-fore the proposal may be reconsidered.The provisions of these regulations donot apply to projects involving NewCommunities, or such other critical or in-novative projects as the Assistant Secre-tary for Community Development maydetermine. The Department reserves theright to negotiate the modification ofthe scope of the proposed undertakingand/or the amount of financial assist-ance requested.

§ 511.2 Definitions.As used in the regulations in this part:(a) "Applicant ' means a local public

agency as defined under sec. 110(h) ofthe" Housing Act of 1949; 63 Stat. 413,421; 42 U.S.C. 1460(h), which is apply-Ing- for Federal Assistance under theNeighborhood Development Program.

(b) "City Demonstration Agency"means that agency which was requiredto be established under title I of theDemonstration Cities and MetropolitanDevelopment Act of 1966, 80 Stat. 1255,42 U.S.C. 3301, to carry out a ModelCities program at the local level.(c) "locality" means the political

jurisdiction or Jurisdictions having gen-

eral purpose government powers uponwhose behalf the application for Federalassistance has been submitted.

(d) "Low and moderate income"means an income level which is less thanthe maximum Income eligibility level fora family of four under either of the sub-sidized housing programs authorized bysection 235 or 236 of the National Hous-Ing Act, as amended, 82 Stat. 476, 477,498, 12 US.C. 1715Z, 1715Z-1.

(e) "Low- and moderate-income hous-ing" refers to housing with a fair marketvalue that Is equal to or less than theresultant of multiplying the section 235-236 maximum income for a family offour, as established by the Secretary forthe county In which the project Is located,by a factor of 3. "Low- and moderate-income housing" also refers to housingwith an annual rental equal to or lessthan one-third of such section 235-236maximum income.

(f) "Model neighborhood" means thatgeographical area in which funds arebeing spent under a program authorizedby title I of the Demonstration Cities andMetropolitan Development Act of 1966,80 Stat. 1255,42 U.S.C. 3301.

(g) "NDP area" means the area orareas In which urban renewal project ac-tivities are taking place or are to takeplace under a neighborhood developmentprogram.

(h) "Renewal experience" means thoserenewal efforts and related relocation ac-tivities carried out under one or moreurban renewal projects under sec. 110 (c)of the Housing Act of 1949, as amended,63 Stat. 413, 414; 42 U.S.C. 1450; or aNeighborhood Development Program asdescribed In sections 131-134 of saidHousing Act.§ 511.4 Program prerequisites,

For the Neighborhood .DevelopmentProgram there are the following sixprerequsites:

(a) Workable program. The presenceof a certified or certifiable Workable Pro-gram pursuant to section 101(c) of theHousing Act of 1949, as amended, PublicLaw 81-171, 63 Stat. 413; U.S.C. 1451c.By "certifiable workable program" Ismeant a reasonable probability of certi-fication or recertification based upon sub-mitted materials and local progress to-wards meeting certification standardsand conditions as Indicated in HUD'sHandbook for the Workable Program,RHA 7100.

(b) Local general plan. The presenceof a local general plan, and conformanceof the project thereto. A "local generalplan" is defined as an offiial documentor documents containing a land use plan,thoroughfare plan, community facilitiesplan, public improvement program, zon-ing ordinance and map, and subdivision-regulaons so interrelated that takentogether they serve as a comprehensiveguide for the physical development ofthe locality as a whole. The plan musthave been endorsed or adopted by thelocal governing body of the locality inwhich the NDP Is proposed.

(c) Civil rights. Submission of accept-able assurances of compliance with titleVI of the Civil Rights Act of 1964, PublicLaw 88-352, 78 Stat. 252, 42 U.S.C. 2000d

and HM title VI regulations 24 CFRPart 1, 29 P.R. 16280 and with affirma-five action plan requirements purs=tto Executive Order 11246, as amended,30 F.R. 12319, and HUD regulations 24CFR Part 130, 36 P.R. 20688.

(d) Relocation, requirements (if appli-cable). (1) Submission of acceptable as-surance of compliance with the UniformRelocation Assistance and Real PropertyAcquisition Policies Act of 1970, 84 Stat.1894, 42 U.S.C: 4601, and;

(2) Absence of any known impedi-ment to the applicant's ability to meetHD relocation requirements and theappllcant's and/or locality's ability tofulfill requirements for replacementhousing. "Known Impediment" refers toa pmcticaI inability to provide adequaterelocation assistance and replacementhousing, or a legal inability to complywith relocation-related provisions ofTitle I of the Housing Act of 1949, 63 Stat.413, 414; 42 U.S.C. 1450, et seq.

(e) A-95 coordination. Evidence thatA-95 coordination Is in process. Thephrase "A-95 coordination" refers to theprocedure Involving review of applica-tions by the appropriate agency desig-nated under OMB Circular A-95.

(f) Housing component. Absence ofany known barrier to an adequate orbetter rating on the Housing Productionand Mortgage Credit Project SelectionSystem (37 P. 203-9, January 7, 1972)for any subsidized housing required tomeet the housing component for theprogram.

§ 511.6 Criteria for evaluating applica-tions.

Criteria for evaluating applicationsare divided Into the following majorcategories:

(a) Local effort and coordination;(b) Impact of area selected;(c) Program management capacity;(d) Local equal employment and en-

trepreneurial effort;(e) Local need;f) Commitment of local, county,

State, and Federal entities to project orprogram;

(g) Mcpnson of housing for low- andmoderate-income familes;

(h) Community development.The elements considered in each cate-gory are described in the following sec-tions, and the method of assigningrating points to each element or categoryis set forth. Points are awarded to eachelement or category In the followingmanner unless otherwise specifically in-dicated: If a statement under a par-ticular element or category appliesspecifically to the project applicationunder consideration, the application isawarded the number of points assignedto that statement. If no statement ap-plies, no points are awarded to theapplication for that element.§ 511.8 Local effort and coordination.

(The value of this category is the sumof the values of paragraphs (a) and (b)of this section.)

(a) Budget and capital improvementplan. All necessary project related publicimprovements, facilities, and services areIdentified in the appropriate local budg-

FEDERAL REGISTER, VOL 37, NO. 73-FRIDAY, APRIL 14, 1972lNo. '7i-gt 1-2

7389

7390

ets and/or capital improvements plan,except those included in projectcosts ------------------------ 5

(b) Model cities. The NDP area is inwhole or in part a Model Neighborhood,and there exists a statement by the CityDemonstration Agency Director that theactivities for which funding is requestedare consistent with the goals and objec-tives of the Model Neighborhoodplan ---- --------------------- 5§ 511.10 Impact of area selected.

(The value of this category is the sumof the values of paragraphs- (a) to (d)of this section.)

(a) Rehabilitation or addition of hous-ing. Seventy-five percent of the existingsubstandard residential units in the NDParea will be rehabilitated, and 75 percentof the total units will be retained, or theproject will add to the housing stockwithout displacement ------------- 7"Substandard residential units" refer tothose residential units which are out ofcompliance with the appropriate localhousing and building codes.

(b) Redevelopment areas. The NDParea is in a designated redevelopmentarea as defined by the Public Works andEconomic Development Act of 1965, asamended Public Law 89-136, 79 Stat. 552,42 U.S.C. 3121, and the program shows-evidence of conformance to the Overall-Economic Development Plan for thatarea 4(c) Environmental d'ejiciencies. Thelocality is taking active steps (includingthose proposed under the NDP) to elim-inate environmental deficiencies in theNDP area, including but not limited toany among those listed below ------- 4

(1) Overcrowding of land.(2) Substantial substandard housing.(3) Lack of open space(4) Transportation (including parking)

deficiencies.(5) Inaddquate public facilities, including

those for water, sewage, and solid waste.(6) Incompatible land uses.(7) Incompatible types of building uses.(8) Underutilized land--------------4(9) Inadequate air and water quality.

(d) Expansion of low- and moderate-income housing. The program contrib-utes to the realistic plan referred to in§ 511.20(c) -------------------- 4§ 511.12 Program management capac-

ity.(The value of this category is the sum

of the values of either paragraphs (a) or(b) of this section. For purposes of thissection, 4 points equals good, 8 pointsequals superior.)

(a) Locality that has had previous re-newal experience. (The value of this ele-ment is the sum of subparagraphs (1)and (2) of this paragraph.)

(1) There is consistency between pastproject(s) results and relevant projectobjectives, including, where displacementwas involved, the effective carrying outof -relocation activities ---------- 4 or 8

(2) Since July 1, 1968, there has beena reasonable relationship between pastinitial cost and time commitments andactual cost and development time- 4 or 8

(b) Locality that is without previousrenewal experience. (The value of this


element is the sum of subparagraphs(1), (2), and (3) of this paragraph.)

(1) The applicant is organizationallypart of a local general purpose govern-ment ------------------------ 4

(2) There is a likelihood of successfulesiecution and completion of the pro-posed NDP, based on the relationship tothe proposed NDP activities of the fol-lowing factors:

(i) Ad sratlve budget.(1i) Time phasing for critical events.(ill) Staff assignments.(iv) Budgeted activities of other local

agencies -------------------------- 4 or 8

(3) Either the locality's performancewith other HCUD programs in the last 3years was satisfactory in all programs,

orFor localities without other HUD pro-gram experience, the locality's perform-ance in its public development effortsduring the last 3 years was satis-factory - ---------------------- 4§ 511.14 Local equal employment and

entrepreneurial effort.(The value of this category is the sum

of the values of paragraphs (a), (b), and(c) of this section.)

(a) Activities undertaken by the local-ity have provided relatively superior op-portunities for training and/or employ-ment of minority persons ----------- 3

(b) Activities undertaken by the local-ity have provided relatively superioropportunities for business concernsowned, controlled, or managed in sub-stantial part by minority persons-.. 3

(c) The applicant has taken affirma-tive action in its own employment inthe training and/or employment ofminority persons with relatively superiorresults ----------------------- 4In determining Nihether or not perform-ance has been "relatively superior" thefollowing items will be taken into consid-eration: Absolute numbers of personsactually trained or hired in relation tonumbers of minority group persons inthe labor market area; total dollar valueof contracts let to minority entrepreneursin relation to total dollar amount ofcontracts let by locality; within the ad-ministering agency, racial compositionat all levels of employment and absolutenumber of training opportunities madeavailable to minority group persons.

§ 511.16 Local need.(The value of this category is the sum

of the values of paragraphs (a) and (b)of this section.)

(u) Median income of jurisdiction. Themedian annual family income of the geo-graphic area of jurisdiction of the appli-cant compared to the State medianannual family income is: (Select one;if appropriate) :

(1) $1-$500 below State median-.- 3(2) More than $500 below State me-

dian ------------------------- 6(b) Median income of NDP area. The

median annual family income of the NDParea compared to the State annualmedian family income is: (Select oneif appropriate) :

(1) $1-$500 below'State median_... 4(2) More than $500 below State

median --------------------------- 8Median family Incomes for the NDParea and the State are to be obtained byutilizing the City-County Data Book orother census data If possible. Or usebest available data.§ 511.18 Commitment of local, county,

State, and Federal entities to projector program.

(The value of this category is the sumof paragraphs (a) to (d) of this section.)(a) Local commitment. There was

substantial participation by the chief ex-ecutive and governing body of the local-ity during the planning of the project,and they are demonstrating current pub-lie commitment In support of theproject ---------------- ---------- 4

(b) Resident commitment. There waseffective widespread participation of arepresentative spectrum of NDP arearesidents in the development of projectobjectives and there Is evidence of cur-rent support for the execution of theproject --------------------------- 4

(c) Coordination of resources. Therewas substantial participation of otherlocal agencies during planning, andthere is a current commitment includ-ing resources, from Federal, State,county, or local entities other than thosenecessary to satisfy the local sharerequirement ----------------------- 4

(d) Participation in areawide or met-ropolitan planning. There Is active par-ticipation by the locality's representa-tives in the areawide or metropolitanplanning organization ------------ L 3§ 511.20 Expansion of housing for low.

and moderate-income families,(The value of this category Is the sm


(a) Expansion of low- and moderate-income housing (applicant). Within theapplicant's geographic area of Jurisdic-tion, there has been significant expan-sion of the supply of standard housingfor low- and moderate-ncome familiesin a nondiscriminatory way --------- 3

(b) Expansion of low- and moderate-income housing (locality). Within thelocality in which the project Is locatedthere has been significant expansion ofthe supply of standard housing for low-and moderate-income families in a non-discriminatory way ---------------- 31 (c) Dispersion of low- and moderate-inicome housing. The locality has a real-istic plan to expand the supply of stand-ard low- and moderate-income housingin a nondiscriminatory way outside areasQf concentration of economically disad-vantaged or minority citizens ------- 4§ 511.22 Community development.

The degree to which the projeco Isnecessary for undertaking other publiclysupported community development ac-tivities ------------------------ 0 to 0"Community development activities"refers to those publicly supported phys-ical development activities and those re-lated social or economic development



activities being carried out or to be car-ried out within a reasonable period oftime in accordance with a locally deter-mined or areawide plan or strategy. Fac-tors taken into consideration mayinclude the project's responsiveness tolocal needs and objectives, the econom-ics possible through coordinated or jointaction, the degree f support by the ap-propriate unit(s) of local general-pur-pose government, and the managementcapacity within local general-purposegovernment.

PART 540-OPEN-SPACE LAND

§ 540.246 [Deleted)Section 540.246 is deleted.

PART 541-OPEN SPACE LAND PRO-GRAM PROJECT SELECTIONSYSTEM

Sem.541.1 Scope.541.2 Definitions.

-541.4 Program prerequisites.541.6- Criteria for evaluating applications.541.8 Local effort and coordination.541.10 Projects ability to meet open space

needs.5412 Ioca equal eil oymenb and entre-

-preneurial effort.541.14 Local need.541.16 Commitment of local, county, State,

and 1ederal entities to project orprogram.

541.18 Expansion of housing for low- andnioderate-income families.

541.20 Community development.

Amroarr: The provisions of this Part 541Issued under Title VII of the Housing Actof 1961, 75 Stat. 183, 42 U.S.C. 1500, asamended by Title VI of the Housing andUrban Development Act of 1970, M Stat.

.1781, 42 U.S.C. 1500.

§ 541.1 Scope.(a) Purpose. This part sets forth cri-

teria and procedures to be used in pre-11minary evaluation of applications forFederal grant assistance to local publicbodies and agencies for the Open SpaceLand Program.

(b) Procedures. (1) Submissions willfirst be reviewed against five prerequi-sites. If any of these prerequisites arenot met, the application will be rejected.If the application meets all prerequisites,it will be evaluated against the pointrated criteria and assigned a pointrating.

(2) Then, depending upon the rela-tive rating of the application amongother such applications pending in thearea office, the applicant may be askedto submit further application material,with supporting documentation so thata final decision on the grant may bereached. Such application material issubject to reviews to determine compli-ance of the application with basic eligi-bility and technical requirements.

(3) If an application does not receivea high enough point rating to qualifyfor funding as compared to other pend-ing applications, or if the applicationcannot meet basic eligibility or tech-nical requirements, the application and

any supporting documents will be re-turned to the applicant with advice asto the areas of deficiency. Remedial ac-tion regarding the deficiencies must beundertaken before the proposal may beconsidered.

(4) The provisions of the regulationsin this part do not apply to projectsinvolving predominantly Historic Pres-ervation Activities, New Communities, orsuch other critical or innovative proj-ects as the Assistant Secretary for Com-munity Development may determine.

(5) The Department reserves the rightto negotiate the modification of thescope of the proposed undertaking and/or the amount of financial assistancerequested.§ 541.2 Definitions.

As used in the regulations in thispart:(a) "Applicant" means a State or

local public body (as defined in sections709 (3) and (4) of Title VII of the Hous-ing Act of 1961, 75 Stat. 183, 42 U.S.C.1500, as amended by Title IV of theHousing and Urban Development Actof 1970, 84 Stat. 1781, 42 U.S.C. 1500),which is applying for Federal assistanceunder the Open Space Land Program.

(b) "City Demonstration Agency"means that agency which was requiredto be established under title I of theDemonstration Cities and MetropolitanDevelopment Act of 1966, 80 Stat. 1255,42 U.S.C. 3301, to carry out a ModelCities program at the local leveL(c) 'Loality" means the olitical

jurisdiction or jurisdictions having gen-eral-purpose government powers uponwhose behalf the application for Federalassistance has been submitted.(d) "Low and moderate income"

means an income level which is less thanthe maximum income eligibility level fora family of four for the county in whichthe project is to be located under eitherof the subsidized housing programs au-thorized by section 235 or 236 of theNational Housing Act, as amended 82Stat. 476, 477, 498; 12 U.S.C. 17152,17152-1.'(e) -"Low- and moderate-income

housing" refers to housing with a fairmarket value that Is equal to or less thanthe resultant of multiplying the section235-236 maximum income for a familyof four, as established by the Secretaryfor the county in which the project Is lo-cated, by a factor of 3. "Low- and mod-erate-income housing" also refers tohousing with an annual rental equal toor less than one-third of such section235-236 maxmum income.

(f) "Model neighborhood" meansthat geographical area in which fundsare being spent under a program author-ized by title I of the DemonstrationCities and Metropolitan DevelopmentAct of 1966, 80 Stat. 1255, 42 U.S.C. 3301.§541.4 Program prerequisites.

For the Open Space Land Programthere are the following flvQ prerequisites:

(a) Certified areawide planning juris-diction. The locality Is in a certified area-wide planning jurisdiction. For definition

7391

of "certified areawide planning jurisdic-tiox" see HUD Circular 6415.IA and6415.3.

Cb) Civil rights. Submison of ac-ceptable assurances of compliance withtitle VI of the Civil Rights Act of 1964,Public Law 88-352.78 Stat. 252.42 U.S.C.2000d and HUD title VI regulations 24CR Part I, 29 F.R. 16280 and with af-firmative action plan requirements pur-suant to Executive Order 11246, asamended 30 F.R. 12319, and HUD regu-lations 24 CFR Part 130,36 F-R. 20683.(c) Relocation requirements (if appli-

cable). (1) Submission of acceptable as-surances of compliance with the UniformRelocation Assistance and Real PropertyAcquisition Policies Act of 1970, 84 Stat.1894, 42 U.S.C. 4601; and

(2) Absence of any known impediment;to the applicant's ability to meet HUDrelocation requirements and the appli-cant's and/or locality's ability to fulfillrequirements for replacement housing."Known impediment" refers to a prac-tical inability to provide adequate relo-cation assistduce. -(d) A-95 coordination. Evidence that

A-95 coordination is in process. Thephrase "A-95 coordination" refers to theprocedure involving review of applica-tions by the appropriate agency desig-nated under OMB Circular A-95.(e) National Register of Historic

Places. For historic and architecturalpreservation assistance the project mustinvolve property or open space landwhich is listed on the National Registerof Historic Places. The "National Regis-ter of Historic Places" is a record ofculturally significant property mu-tained by the National Park Service, U.S.Department of the Interior. See section101 of the Historic Preservation Act of1966, Public Law 89-665, 80 Stat. 915,16 U .C. 470.§ 541.6 Criteria for evaluating applica-

tions.Criteria for evaluating applications are

divided Into the following major cate-gories:

(a) Local effort and coordination;(b) Projects ability to meet open space

needs;(c) Local equal employment and en-

trepreneurial effort;(d) Local need;(e) Commitment of local, county,

State, and Federal entities to project orprogram;(f) Expansion of housing for low- and

moderate-income families;(g) Community development.

The elements considered In each categoryare described In the following sections,and the method of assigning ratingpoints to each element or category is setforth.,Ponts are awarded to each ele-ment or category in the following mannera statement under a particular elementor category applies specifically to theproject application under consideration,the application Is awarded the numberof points assigned to that statement. Ifno statement applies, no points areawarded to the application for thatelement.

FEDERAL REGISTER, VOL 37, NO. 73-RIDAY, APRIL 14, 1972

7392

§ 541.8 Local effort and coordination.(The value of this category is the sum

of the values of paragraphs (a) to (d)of this section.)

(a) Budget and capital improvementplan. All necessary project related publicimprovements, facilities, and services areidentified in the appropriate localbudgets and/or capital improvementplan, except those included in projectscosts ------------------------ 4

(b) Model Cities. The project area inwhole or in part is in a laiodel Neigh-borhood and there exists a statement bythe City Demonstration Agency Directorthat the activities for which funding isrequested are consistent with the goalsand objectives of the Model Neighbor-hood's plan -------------------- 3

(c) Local- regulatory measures. Theproject Is coordinated with other pro-grams and regulations to improve thequality of the environment, as evidencedby the fact that the locality has adoptedand is enforcing regulatory measures toreduce blight and decay and to preserVeand promote open space and historicreources. These regulatory measuresmust include at least four of thefollowing --------------------- 4

(1) Requirements for undergroundingof utilities;

(2) Adoption and enforcement of lit-ter control, weed abatement, or signcontrol regulations;

(3) Subdivision regulations requiringopen space dedication;

(4) Cluster zoning or planned unit de-velopments; "Cluster Zoning or PlannedUnit Development" are regulations en-acted by the locality that encourage thegrouping and placement of structuresin such a manner as to create or reserveopen space.

(5) Regulations permitting relaxationof set back and height controls, or de-velopment rights transfer, to provideopen space or protect historic structuresin core areas;

(6) Ordinances to protect historicsitbs, districts, buildings, structures, andobjects.

(7) Regulations to prevent "deteriora-tion of ambient air quality.

(d) Low- and moderate-income hous-ing. The project is related to and co-ordinated with the provision of low- andmoderate-income housing --------- 4§ 541.10 Projects ability to meet open

space needs.(The value of this category is the sum

of the values of paragraphs (a) to (e)of this section.)

(a) Environment. Effect on the envi-ronment (The value of this section isthe sum of subparagraphs (1) to (5) ofthis paragraph.)

(1) The project involves substantialenvironmental improvement activities ina predominantly residential area or in-cludes some Historic Preservation Acti-.vities ----------------------------- 2(Projects involving predominantly His-toric Preservation Activities are excludedfrom this project selection system in§ 541.1(b).)


"Environmental improvement activities"are those development activities, exclud-ing park development, designed to im-prove the overall appearance of a local-ity or neighborhood. These activities aredesigned to prevent community blightand decay, and can include street treeplanting, redesigning street furniture,and improving pathways.

(2) The project will help prevent un-'sound development ------------- 2"Unsound development" refers to unde-sirable and hazardous development, offlood plains, steep slopes, faults, or anyother similarly unsuited area.

(3) The project will alleviate a defi-ciency of open space -------------- 2"Deficiency of Open Space" means thatthere is less than 2.5 acres of existingpublic open space per thousand popu-lation.

(4) The project will alleviate an un-met recreation need by providing a recre-ation facility of a type not currentlyavailable to the service area popula-tion ----.------------------------ 3

(5) The project preserves ecologicallysignificant areas or conserves scenicareas ----------------------------- 2"Ecologically significant" refers to un-usual, specific, resource-oriented openspace areas such as wildlife sanctuaries,geysers, waterfalls, wet lands, and sanddunes.

(b) Population served. The projectwill readily serve a substantial numberof low and moderate income residents. 7

(c) Patterns of urban growth. Theproject will help curb urban sprawl orinvolves undeveloped or predominatelyundeveloped land which, if withheldfrom commercial, industrial, and resl-dential development, would have specialsignificance in helping to shape desirablepatterns of urban growth ----------- 5"Urban sprawl" refers to random andunguided development outward fromurban centers. It is usually characterizedby groups of large scale, low densityresidential developments, interspersedand surrounded by commercial and in-dustrial development. Projects that canhelp alleviate and curb urban sprawl areprojects designed to guide large scalegrowth or act as a buffer by separatingincompatible land uses.

(d) Danger of loss. The project siteis in imminent danger of loss -------- 3"Inintinent Danger of Loss" means thatthe project is threatened by action whichwill prevent the use of the area or prop-erty for open space or historic preser-vation purposes.

(e) Program experience. (1) If appli-cant had previous federally assisted pro-gram experience: The applicant hasexpeditiously acquired properties; wheredisplacement was involved, effectivelycarried out relocation activities; ex-peditiously developed the properties;sponsors programs for their use; andoperates them in accordance with con-tract conditions ----------------- 4or ,

(2) If the applicant is without fed-erally assisted program experience: The

applicant has well maintained publicopen spaces, sponsors programs fortheir use, and operates those programsin a nondiscriminatory manner ---. 4§ 541.12 Local equal employment and

entrepreneurial effort.(The value of this category Is the stun

of the values of paragraphs (a), (b), and() of this section.)

(a) Activities undertaken by the lo-cality have provided relatively superioropportunities for training and/or em-ployment of minority persons ------- 3

(b) Activities undertaken by the lo-cality have provided relatively superioropportunities for business concernsowned, controlled, or managed In sub-stantial part by minority persons ---- 3

() The applicant has taken affirmna-tive action in its own employment in thetraining and/or employment of minoritypersons, with relatively superiorresults ---------------------------- 4In determining whether or not perform-ance has been "relatively superior", thefollowing items will be taken into con-sideration: Absolute numbers of personsactually trained or hired In relation tonumbers of minority group persons inthe labor market area; total dollar valueof contracts let to minority entrePro-neurs in relation to total dollar amountof contracts let by locality; within theadministering agency, racial compositionat all levels of employment and absolutenumber of training opportunities madeavailable to minority group persons.§ 541.14 Local need.

(The value of this category Is the sumof the values of paragraphs (a) and (b)of this section.)

(a) Median income of Jurlsdiction.The median annual family Income of thegeographic area of jurisdiction of theapplicant compared to the State medianannual family income Is: (Select one, ifappropriate) :

(1) $1-$500 below State median.... 3(2) more than $500 below State me-

dtan -- ---------------------- 6(b) Median income of scrvice area.

The median annual family income of theservice area compared to the State an-nual median family income is: (Selectone If appropriate):

(1) $1-$500 below State median.... 4(2) more than $500 below State me-

dian ---------------------------.. 8Median family incomes for the servicearea and the State are to be obtained byutilizing the City County Data Book orother census data if possible. Or use bestavailable data. "Service Area" refers tothe area proposed to be, and reasonablycapable of being, served by the OpenSpace Land Project.§ 541.16 Comnlitment of local, coUlity,


(The value of this category Is the sumof paragraphs (a) to (d) of this sectionJ

(a) Local coinmitment. There wassubstantial participation by the chiefexecutive and governing body of thelocality during the planning of the proJ-



ect, and they are demonstrating currentpublic commitment in support of theproject ---------- 4

(b) Resident commitment. There waseffective widespread participation of arepresentative spectrum of service arearesidents in the development of projectobjectives and there is evidence of cur-rent support for the execution of theproject ------------ ------------- 4

(c) Coordination of resources. Therewas-substantial participation of otherlocal agencies during planning, andthere is a current commitment includingresources, from Federal, State, county, orlocal entities other than those necessaryto satisfy the local share requirement. 4

(d) Participation in areawide ormetropolitan planning. There is activeparticipation by the locality's representa-tives in the areawide or metropolitanplanning organization -------------- 3§ 541.18 Expansion of housing for low-

and moderate-income families.(The value of this category is the sum


(a) Expansion of low- and moderate-income housing (applicant). Within the-applicant's geographic area of jurisdic-,tion, there has been significant expan-sion of the supply of standard housingfor low- and moderate-income familiesin a nondiscriminatory way -------- 3

: (b) Expansion of low- and moderate-income housing (locality). Within thelocality in which the project is locatedthere has been significant expansion ofthe supply of standard housing for low-and moderate-income families in a non-discriminatory way ------------------ 3

(c) Dispersion of low- and moderate-income housing. The locality has a real-istic plan to expand the supply of stand-ard low- and moderate-income housingin a nondiscriminatory way outside areasof concentratiQn or economically dis-advantaged or minority citizens ----- 4§ 541.20 Community development.

The degree to which the project isnecessary for undertaking other publicly

-supported community development ac-tivities ------------------- to 6"Community development activities" re-fers to those publicly supported physicaldevelopment activities and those relatedsocial or economic development activitiesbeing carried out or to be carried outwithin a reasonable period of time inaccordance with a locally determined orareawide plan or strategy. Factors takeninto consideration may include the proj-ect's responsiveness to local needsand objectives, the economies possiblethrough coordinated or joint action, thedegree of support by the appropriateunit(s) of local general-purpose govern-ment, and the management capacityand efforts to develop managementcapacity within local general-purposegovernment.

PART 551-NEIGHBORHOOD FACILI-TIES PROGRAM PROJECT SELEC-TION SYSTEM

Sec.,551.1 Scope.551.2 Definitions.551.A Program prerequisites.551.6 Criteria for evaluating applications.551.8 Relationship to comprehensive plan-

ning.551.10 Income level of area to be served.551.12 Relevance of program objectlves.551.14 Capacity to admini ter the Neighbor-

hood Facility.551.16 Local equal employment and entre-

preneurial effort.551.18 Local need.551.20 Commitment of local, county, State,

and Federal entitles to project orprogram.

551.22 Expansion of housing for low- andmoderate-Income families.

551.24 Community development.Au-noarry: The provisions of this Part

551 issued under sec. 703, of the Housingand Urban Development Act of 1965. 79 Stat.491; 42 U.S.C. 3103.§ 551.1 'Scope.

(a) Purpose. This part sets forth cri-teria and procedures to be used in pre-liminary evaluation of applications forFederal grant assistance to local publicbodies and agencies for NeighborhoodFacilities Grant Projects.

(b) Procedures. (1) Submissions willfirst be reviewed against four prerequi-sites. If any of these prerequisites are notmet, the application will be rejected. Ifthe application meets all prerequisites, Itwill be evaluated against the point ratedcriteria and assigned a point rating.Then, depending upon the relative ratingof the application among other such ap-plications pending in the area office, theapplicant may be asked to submit furtherapplication material, with supportingdocumentation so that a final decision onthe grant may be reached. Such appli-cation material is subject to reviews todetermine compliance of the applica-tion with basic eligibility and technicalrequirements.

(2) If an application does not receivea high enough point rating to qualifyfor funding as compared to other pend-ing applications, or If the applicationcannot meet basic eligibility or technicalrequirements, the application and anysupporting documents will be returnedto the applicant with advice as to theareas of deficiency. Remedial action re-garding the deficiencies must be under-taken before the proposal may be recon-sidered. The provisions of these regula-tions do not apply to projects involvingNew Communities, or such other criticalor innovative projects as the AssistantSecretary for Community Developmentmay determine. The Department reservesthe right to negotiate the modificationof the scope of the proposed undertakingand/or the amount of financial assist-ance requested.

§ 551.2 Definitions.As used In the regulations in this part:(a) "Applicant" means a local public

body or agency, as defined in section 706(b) of the Housing and Urban Develop-ment Act of 1965, 79 Stat. 451, 489, 42U.S.C. 3101, which is applying for Fed-eral assistance under the NeighborhoodFacilities Grant Program.

(b) %ocality" means the politicaljurisdiction or jurisdictions having gen-eral purpose government powers uponwhose behalf the application for Federalassistance has been substituted-

(c) "Low and moderate income" meansan income level which is less than themaximum income eligibility level for afamily of four for the county in whichthe project is to be located under eitherof the subsidized housing programs au-thorized by section 235 or 236 of theNational Housing Act, as amended, 82Stat. 476, 477, 498, 12 U.S.C. 1715Z,1715Z-1.

(d) "Low- a n d moderate-incomehousing" refers to housing with a fairmarket value that is equal to or less thanthe resultant of multiplying the section235-236 maximum income for a familyof four, as established by the Secretary,for the county in which the project islocated, by a factor of 3" Low- and mod-erate-income housing" also refers tbhousing with an annual rental equal toor less than one-third of such section235-236 maximum income.

(e) "Service Area" means the areaproposed to be, and reasonably capableof being, served by the NeighborhoodFacilities Grant Project.§ 551.4 Program requisites.

For the Neighborhood Facilities GrantProgram there are the following fourprerequisites:

(a) Relocation requirements (if ap-plicable). (1) Submission of acceptableassurances of compliance with the Uni-form Relocation Assistance and RealProperty Acquisition Policies Act of 1970(84 Stat. 1894, 42 U.S.C. 4601).

(2) Absence of any known Impedimentto the applicant's ability to meet HUDrelocation requirements and the appli-cant's and/or locality's ability to fulfillrequirements for replacement housing.Known impediment refers to a prac-tical inability to provide adequate rdlo-

.cation assistance.(b) Civil rights. Submison of accept-

able assurances of compliance with titleVI of the Civil Rights Act of 1964, PublicLaw 88-352, 78 Stat. 252, 42 U.S.C. 2000dand HUD Title VI regulations 24 CMPart 1, 29 F.R. 16280 and with affirmativeaction plan requirements pursuant toExecutive Order 11246, as amended 30P.R. 12319, and HUD regulations 24 CFRPart 130, 36 F.R. 20688.

(c) Service area. The service area ofthe facility Is reasonable in relationshipto the services to be provided, and thedesign and capacity of the proposedfacility.


7393


(d) Project location. The project is solocated as to be available for use by asignificant portion (or number in thecase of large urban places) of the area'slow- and moderate-income residents.§ 551.6 Criteria for evaluating applica-

tions.Criteria for evaluating applications

are divided into the following majorcategories: .

(a) Relationship to comprehensiveplanning;

(b) Income level of area to be served;(c) Relevance of program objectives;(d) Capacity to administer the neigh-

borhood facility;(e) Local equal employment and en-

trepreneurial effort;(f) Local need;(g) Commitment of local, county,

State, and Federal entities to project orprogram;

(h) Expansion of housing for low- andmoderate-income families;

(i) Community development;The elements considered in each cate-gory are described in the following sec-tions, and the method of assigning ratingpoints to each element or category is setforth. Points are awarded to each ele-ment or category in the following man-ner unless otherwise specifically indi-cated: If a statement under a particularelement or category applies specificallyto the project application under consid-'eration, the application is awarded thenumber of points assigned to that state-ment. If no statement applies, no pointsare awarded to the application for thatelement.§ 551.8 Relationship to comprehensive

planning.(The value of this category is the value

of paragraph (a) of this section).(a) General plan. The proposed facil-,

ity is specifically identified in the local-Ity's general plan ------------------ 5§ 551.10 Income level of area to be

served.

(The value of this category is the valueof paragraphs (a), (b), or (c) of thissection, as applicable.)

(a) Population served. On the basisof the latest available decennial censusdata 40-49 percent of the families whoseneeds are proposed to be served by thefacility are low- and moderate-incomefamilies ---------------------- 5"Low- and moderate-income" is definedIn § 551.2(c).

(b) Population served. On the basis ofthe latest available decennial censusdata, 50-59 percent of the families whoseneeds are proposed to be served by thefacility are low- and moderate-incomefamilies --------------------- 10

(c) Population served. On the basis ofthe latest available decennial censusdata, 60 percent or over of the familieswhose needs are proposed to be servedby the facility are low- and moderate-Income families ------------------- 14§ 551.12 Relevance of program objec-

tives.

(The value of this category is the sumof paragraphs (a) to (c) In this section.)

(a) Accessibility to low- and mod-erate-income persons. The proposed fa-cility will be made readily accessible tolow- and moderate-income persons out-side the immediate neighborhood --- 3

(b) Provision of community service.The proposed facility will provide a pro-gram of community services to meetidentified needs of low- and moderate-income families and individuals wherepresent service and facilities do hotexist ------------------------ 8

(c) Coordination -of existing services.The proposed Neighborhood FacilityProgram will coordinate and extend ex-isting health, recreation, social or sim-ilar community services to meet the Iden-tified needs of the population of the areato be served ------------------- 5"Identified Needs" refer to those priorityneeds determined by the applicant withthe participation of the community resi-dents whose needs are to be served.§551.14 Capacity to administer the

Neighborhood Facility.(The value of this category is the sum

of paragraphs (a) and (b) of thissection.)

(a) Local commitment. The localityhas committed staff and funds to providecore services for the proposed facility 5"Core Services" (central administrativeservices) cover such activities as:

(1) Coordination of services, includ-ing hiring of a center director;

(2) Outreach;(3) Intake, referral, and follow-

through;(4) Information development and dis-

semination;(5) Maintenance of central record-

keeping system;(6) Community organization.(b) Program experience. (1) If local-

ity has had prior federally assistedNeighborhood Facilities Grant Programexperience: The locality has expeditious-ly put in operation such facilities; wheredisplacement was involved, effectivelycarried out relocation activities; and op-erated the -completed facilities in ac-cordance with contract conditions.... 5or

(2) If the locality is without federallyassisted Neighborhood Facilities GrantProgram experience: The applicant hasadequately maintained public facilitieson a neighborhood basis and operatedthem in a nondiscriminatory manner. 5§ 551.16 Local equal employment and

entrepreneurial effort.(The value of this category is the

sum of the values of paragraphs (a), (b),and (c) of this section.)

(a) Activities undertakeii by the lo-cality have provided relatively superioropportunities for training and/or em-ployment of minority persons ------- 3

(b) Activities undertaken by the lo-cality have provided relatively superioropportunities for business concernsowned,- controlled or managed in sub-stantial part by minority persons --- 3

' (c) The applicant has taken affirma-tive action in its own employment in thetraining and/or employment of minority

persons With relatively superior re-sults ----------------------------- 4In determining whether or not perform-ance has been "relatively superior", thefollowing Items will be taken Into con-sideration. Absolute numbers of personsactually trained or hired in relation tonumbers of minority group persons inthe labor market area; total dollar valueof contracts let to minority entrepreneursin relation to total dollar amount of con-tracts let by locality; within the admin-istering agency, racial composition at alllevels of employment and absolute num-ber of training opportunities made avail-able to minority group persons.§ 551.18 Local need.

(The value of this category Is the sumof the values of paragraphs (a) and (b)of this section.)

(a) Median income of jurisdiction. The.median annual family of the geographicarea of Jurisdiction of the applicant com-pared to the State median annual familyIncome is: (Select one, If appropriate):

(1) $1-$500 below State median .... 3(2) More than $500 below State

median --------------------------- 6(b) Median income of service areca.

The median annual family of the serv-ice area compared to the State annualmedian family income Is: (Select one Ifappropriate) :

(1) $1-$500 below State median.... 4(2) More than $500 below State

median ...........------------------ 8Median family Incomes for the servicearea and the State are to be obtained byutilizing the City County Data Book orother census data If possible. Or use bestavailable data.§ 551.20 Commitment of local, county,


(The value of this category is the sumof paragraphs (a) to (d) of this section.)

(a) Local commitment. There was sub-stantial participation by the chief execu-tive and governing body of the localityduring the planning of the project, andthey are demonstrating current publiccommitment in support of the project. 4

(b) Resident commitment. There waseffective widespread participation of arepresentative spectrum of service arearesidents In the development of projectobjectives and there Is evidence of cur-rent support for the execution of theproject --------------------------- 4

(c) Coordination of resources. Therewas substantial participation of otherlocal agencies during planning, and thereis a current commitment Including re-sources, from Federal, State, county, orlocal entities other than those necessaryto satisfy the local share requirement. 4

(d) Participation in areawide or met-ropolitan planning. There Is active par-ticipation by the locality's representa-tives in the areawide or metropolitanplanning organization ------------- 3§'551.22 Expansion of housing for low.

and moderate-incomo families.(The value of this category Is the sum

of the values of paragraphs (a), (b), andic) of this section.)


7394


(a) Expansion of low- and moderate-income hous n (applicant). Within theapplicant's geographic area of jurisdic-tion, there has been significant expan-sion of the supply of standard housingfor low- and moderate-income familiesin nondiscriminatory way --------- 3

(b) Expansion of low- and moderate-income housing (locality). Within thelocality in which the project is locsited,there has been significant expansion ofthe supply of standard housing for low-and moderate-income families in a non-discriminatory way-------------- 3(c) Dispersion of low- and moderate-

income housing. The locality has a realristic

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