Tobacco Documents Online

May-June 1981 ASH Protests plane Ventilation Cutbac ks Action on Smoking and Health has filed a formal legal complaint with the Civil Aeronautics Board (C.~,B) against 12 major airlines, charging that they are violating CAB rulos by permitting smoking when the ventilation systems are not fully operaling. ASH has learned, and the Washington Post has reported, that many caniers are cutting back ventilation by a Ihird, with the re- sult that passengers are getting one- tenth or less air than ',he pilots--less than the FAA believes is necessary for pilots. Part 252.2a of the CAB rules, adopted at the suggesl~on of ASH, pro- vides that "Carriers shall adopt ,and_ enforce rules prohibil~g the smol~ing of tobacco wheneve¢ the ventilation system is not fully functioning. A ven- tilation system shall be considered fully functioning only when all pa:rts are in working order and operating at the capacity designed for normal service." ASH complained to the CAB that there is reason to believe that carriers operatirig B-747, L-1011, and DC-10 aircraft are cutting back ventilation by one-third with the following results: o More than half the humidity you feel and breathe while flying is actually sweat, breath, and other body mois- ture from fellow passengers. • Although most airlines provide their pilots with between 70 and 150 cubic feet per minute (cfm) of air and the FAA requires that i~fots have at least 10 cfm for basic health and safety, passengers are receiving as little as 6 cfm; one airline says that it is trying to reduce that to 5 cfm. Major airplane manufacturers such as Boeing and Lockheed admit that at 4 cfm, passengers and flight atten- dants could begin to experience the first symptoms of suffocation. • At least four cases of apparent "ox- ygen deficiency" among flight atten- dants have been reported to an attendants' union and the FAA. ASH believes that the situation can actually be even more serious for several reasons: • Many passengers further cut back on ventilation efficiency by not turning on the overhead vents. • Older" passengers and those-with heart, circulatory, and r~spiratory condilions will experience problems at higher ventilation levels than the largely young and energetic flight attendants. • People who have allergies, asthma, hay fever, and other sensitivities will suffer seriously fro[n both the smoke buildup and the decrease in oxygen. In another effort to save money, over a dozen airlines have stopped carrying life rafts, even though .~hey may fly more than 150 miles from the shore. Critics charge that individual life vests are hardly an adequate substitute-- even if they work--since they offer no protection against cold water, sharks, and other hazards. Ironically, none of the major carriers has decided to save money by elimin.ating smoking entirely, or by limiting the serving of drinks, in- cluding the liquor carts that weigh 250 pounds each. In This Issue • ASH Protests Plane Ventilation Cutbacks • FTC Cites Consumer Ignorance, Proposes Solutions • FTC Reports on Cigarette Adver- tising • Heart Association Cites Rights of Smokers • CAB Hears Oral Argumerits on Smoking • Brooke Shields Antismoking Mes- sages Found Contro{,ersial • Tobacco Import Program M~y Backfire • Federal Health Appointments Create Controversy, Confusion • Joe Califano Reminisces About "War on-Smoking" • Quitting Prolongs Life Even for • Long-Time Smokers TAN Opposes ASH, Others ~ V irginia Medical Society BIasts Smoking - Writing/Cartoon Conlest • ASH Spokesman for Chicago "War on Smoking"- - Ideas for Activists (new feature) • News You Should Know • Now Available • Research Reports • Legislative News SMOFtNG AriD HEALTH REV~-~N ¢: AC~ O~ Smo~ ;~¢t:l Health. 2013 H ~t. N W. Wa~hmcjIon. £)C 20006. ~¢t~On o~t Smoi~J~j a=xI Health. a ='.alton;/~:x~o~ lax-exeteR T!04231172

Dr. Philip Handler No Cancer " Pres, dent Says These Comments on risk a~sessment. ' " 156sure!i~ such workplaces as co~.l.'mines, by Dr. Philip Handler,• president •ofthe National Academy of Sclencbs, are.ex, cerpted from "The Natlonal Research Council In 19 79." Dr. Handler," a biochemist, has been president of the academy since 1 g 69, Concern for the possibility of en- vironmentally induced cancer has become the predominant theme of much risk assessment. The assertion that virtually all cancer: derives from environmental factors was made in consequence• of the "disparate geographic distribution of diverse forms of cancer combined With ~he absence' Of any evidence that predisposition to a locally frequent form of canceris associated with a specific ethnic group. The environmental postulate has been confused with the possibility of car- cinogenesis due to the thousands of man- made chemicals recently introduced into the economy and hence into the environ- ment. It is, perhaps, conceivable that a "cancer time bomb" ha~ been implanted into human affairs. But if so, it has not yet erupted. On the evidence, the environmental postulate must refer to the natural, not to the man-made, world. Only a very tiny fraction of all current deaths due to cancer, in the United States or elsewhere, could be due to man-made chemicals. Moreover, only one or two percent of cancers can be traced to occupational ex- .asbestos .mines, and factories;.. '"poilu~. tanis" O~= _all sorts may contribute :to rat~er than .cause -- perhaps five.percent of all Cancers. Radiation. exposure, p~in- cipally medi~luse.of X-ray, occasions no mo~$ than one percent of all cancers. indeed, the United States is not .sL~ffer- ing an "epidemic of cancer," it is. ex; perier~ci~g an "epidemic of life" - in that .an ever ~c~reater fraction of the.population survi~tes ~o the advanced' ages at c~ncer has always been prevalent,: • The. age-corrected incidences of only two forms of cancer have changed. SlgriifiCi~ntly in the last half-century; '.The incidence of cancer of the lung has. increased markedly due to cigarette smoking, which has less dramatically con- tributed to cancer of other organs. Mean- while, .the incidence of cancer of "the stomach, formerly as prevalent in the United States as today in Japan, has declined dramatically for reasons that are quite unknown. (We've been doing something right and don't know what it is!) The overall, age-corrected incidence of cancer has not been increasing; it has been declining slowly for some years. Those who first directed attention to the role of "environmental factors" in influenc- ing the geographic distribution of the various forms of cancer -- notably John Higginson of the International Agency for Research on Cancer in Lyons, France -- are welt aware of these circumstances. However, they a,ssoc~te that va~ed T!04231173

Environmental Events Third Training Wo*'kshep on Genetic Toxicology Testing Strategies: Battery Approaches & Inter- proration of Multi-Test Data, Feb, 3-6, Colorado • Springs. Colo. Contact Environmenlal Mutagen Society, 4720 Montgomery L~le, Suite 506. Bethesda, Md. 20014. Collection, Treatment and Disposal of Liquid Wastes From the Petroleum and Petrochemical In- dustries short course, Feb. 4-6, Austin, Texas Con- tact Continuing Engineering Stud{as, College of Engineering, University of Texas at Austin. Austin. Texas 78712 Nutrient Conlrol Technology Seminar (Alberta Department of Environment end Environment Canada), Feb. 7-8. Calgary. Alberta, Canada, Con- tact Dr. Chu Hsi. Water Pol~ubon Control Section, Northwest Region, ath Floor. 9942-108 St., Edmon- ton, AB T5K 2J5, Canada. Operations of Coal-Fired Industrial Boilers Workshop, Feb. 13-14. Columbus, Oh(o. Contact Tom Sleward, Baltelle's Columbus Laboratories, .505 King Ave., Columbus, Ohio 43201. Advanced Water Pollution Control/ Biological Waste Treatment ehorl course, Feb. 25.29, Austin. Texas. Contact Continuing Engineer- mg Studies, College of Engineering, University of Texas at Austin. Austin. Texas 7S712. Industrial Exhaust Ventilation: Engineering Con- trols, March 3-5, Washinglon. D.C. Contact Director, Continuing Engineering Education Program, George Washington University, Washington, D.C. 20052. Annual Society of Toxicology Conference, March 9-13, Washington, D.C. Contact Society of Tox- icology. 475 Wolf Ledges Parkway, Akron, Ohio 44311. Waist Qusllty Association Annual Convention & Exposition. March 14-18, Nashville, Term Contact Water Quality Association, 477 E. Butlerlistd Road. Lombard, I]1 60148 Coganeratlon: New Directions, March 17-18, New York, N.Y. Contact Robert Nash, The Energy Bureau Inc., 41 E. 42nd St, New York, N Y. 10017 National Symposium on Environmental Con- trol, March 17-19, Reslon, Va. Contact Miriam Holden, Conference Planmng and Management. Argonne National Laboratory, 9700 S. Cass Ave., Argonne. III. 60439. Conference on Combined MuniclpaHndusldal Wastewater Treatment, March 25-27. R=chard- son. Tax. Contact Aharon Netzer, Graduate Pro- gram In Environmental Sciences. University of Texas at Dallas. Richardson. Texas 75080. Environmental QualllylEnergy Quantity (Air Pollution Co~trol Assoclallon seml~tr). March 26-27. ~gton, D.C. Contact Pu~i¢ Relations Department. A<" Pollution Control Assoc~bon. P.O. Box 2861. Pittsburgh. Pa. 15230. Wayne Jaeschke CMA Seminar Analyzes Waste Disposal Survey The importance of the waste disposal survey released by the House oversight and investigations subcommittee and the degree of hazard posed by chemical wastes were put into perspective in a re- cent speech by Wayne Jaeschke, vice president of the Stauffer Chemical Com- pany. "While the survey was extremely worth- while and provides facts not heretofore available, many questions are left unanswered. For example, the survey covered all wastes from the plants without separating the relatively innocuous high volume materials or trash from high hazard materials such as cyanides or other tox- ins," he told a CMA seminar on disposal of hazardous wastes. The survey does show that approx- imately 94 percent of the total wastes of chemical companies surveyed remained on the property where they were gen- erated, and 87 percent are located in dis- posal sites still in use. It cannot =ndicate the degree o! hazard at any disposal site, or the contribution Io the waste disposal problem from the public or 16 other industries identified by the EPA as hazardous waste generators, he noted. We cannot estimate clean up costs, the number of abandoned sites or location of imminent hazards from the survey, Mr. Jaeschke added The public perceives the chemical in- dustry to be the largest industrial con- tributor to the hazardous wastes problem, a recent poll indicates. It also feels that the chemical industry, despite record ex- penditures in the past seven years, hasn't done enough to control air and water pollution, he told the meeting. "These impressions often lead to hastily adopled and ill-considered legislation which cannot be properly implemented," he warned. He emphasized that it is essential for the chemical plant operators as well as other industry and public agencies to review the principles of groundwater fun- damentals, landfill, investigative and monitoring techniques and environmental protective and corrective action. Michigan Finds No Love Canal In Dump Probe A survey of potential water pollution sources in the state of Michigan finds 50,000 possible problems, but none of the magnitude of Love Canal. It also finds 268 sites where the water already is polluted and 381 where pollu- tion is suspected, according to Howard Tanner, director of the state's department of natural resources which released the study. Most of the contaminated sites are in the heavily industrialized southern lower peninsula. The survey's purpose is to help prevent contamination of water supplies by locating potential problem areas. It finds hazardous wastes account for almost half of the pollution problem. followed by oil and natural gas. T104231174

27"/20 Federal Re~ter / Vol 46, No. 95 / Monday, May 18, ~.98t / Pules ~nd P, egula{Kons " " . chlorofluo~ or CFCs) for aerosol propellant uses. ~ rule was published in the Federal Re~ter of ~ai~ ~, ~s (~a FR ~a). In rule. and in sul~equent rulemaking, the Asency .has Srented exemptions for aerosol propellant uses which were determined to be essenUal. On January 8,1981, EPA received a " letter (dated December ~9,1980} Virginia Chemical, Inc. {the .Company) requesting that the use of CFCs in its timed-release insecticide cllspensin8 system for lons-term stor~e'oflbbacco. be exempt from-the 19'78~- ...... /;, • chlor°fluoroc~rbon rule. Thesr system., uses a CFC-pr~peIled Spra~ t6;d/kpen~e:- insecticide fi'om containers throughou.t the w~eho~e in order to prosdde protection agalns~ IbS~-ct maki~ these ~leterminationz, EPA considers: the availability of alternative preduct~, iucluding their per~drmanca capabilities; the possiblllt~ of,avers economic consequences ff a CFC product cannot be used; the health and environments] impact of the a]temah.'ve . products; and, the h~th and enviz~nmental consequences of the additional CFCs .w~ch w~uld be released ff the'exemption is approve& • Decisions to 8xant or deny exemptkn~ are based on all these ~ In.: ".. :. aiteroal:ive do~s not by it~l/qualify ~ , • product fc~ an e.ssentlal~.u~e Repre~e.utative~ of thb Company met~ w~th EPA staff on several ~ to ,'.~ provide tnformatlan concemi~ the ~ .::. facior~ enumerated.above. Information "received on ~ese issues (inc]udin2 dates ::::::::::::::::::::: of the ban. For the 19~0 season, the ; Company developed and the~.= ..... : '" Cooperative used a combinaUonof ~" me~thvlestylene chloride/caz~o~ dioxide." : :" (MC/C,O=) as • substitute for ~Cs in :~ one-~ea~ trial, the Cooperative ~oond .~ maLrunctionlz~. The Company indicated ~that because its additionaI efforts to. develop anothe~ non-CFC alternative have proved un~c~ It petitioned The proce~, EPA nee, in evk/uatin~ requests fo~ e~sen~al --e exempUon~ i~ Determinations--Revised," a support- document to the Mar~ ~70 1978 ru/e, In T104231175

Federal Register / Vol. 46, No. 95 / Monday, May 18, 1981 / Rules and Regulat/or/s 2~121 dollars to the annual operating costs of its system of warehouses.This increase in fumigation frequency would also result in an increased risk of exposure to phosphine for persons worki~ in the vicinity of the warehouse, In addition, the petitioner presented evidence that the use of the MC/CO~ system resulted in the potential for increased risks to human health as a result of exposure to hamtful chem/cals. First, the failure~of the MC/CO= systems often led to ~p~ddling" (forming small pools] of the salvent/insecticlde mixture on the floor of the wareh0~; Asa~ result, workers c~n be expu~ed to d~rect cd'ntact with th~ dichltrovos. Also, " "puddling" leads to wetness and • • sl~ckness ~'n the floor, c~eati~g a safety hazard to persons working with heavy equipment in the warehouse. The petitioner also p~sented. ~, .. . evidence on other alternative method~ all of wh/ch they believe .to be ..... " . ineffect/ve for long-term ~s.to~ag'~,:and: cost-prehibi~ve.or a threat to human..: .... health. These alternatives-inclu~le-:: ..... refr/gdratldn of the wareh6uses~:~- - : ...... repeated ~umlgatlon:with phtsphtue gas; - "Allegheny Systems,". co!d ~oggin~ and - thermal.fogging (the l~tte~e are. " variations of fog spray applic.atio.ns • which are released from containers in" thewarehouse as a "drifting fog" or propelled from portable compressors by means of vaporizatio~n.or h.ea ".ti~ of" compressed.air). :. ..... . EPA in~l~p~nde~tly contacteda • - .. variety of sources concerning the availability of alternative systems, These contacts indicated that other companies in the tobacco storhge ~.. business are relakively sa~sfied with alternative, non-CFC systems: However, the length of time tobacco is to be stored may be an important factor. The. Cooperative ind/cated that its storage needs are significantly di~erent from that of other tobacco firms which. generally store tobacco ~rom six months to one year. Long-term stornge years] compounds the potential for insect infestation. For short-term storage, even if the tobacco becomes" infested, the damage to the tobacco is slight because the tobacco is fallen out of storage and processed before the infestution becomes critical.- .-'~ The Company indicated that if the exemption is granted annual product/on of the timed-release product for tree of the Cooperative would involve approx/mately 9,000 kilograms (Z0,o00 pounds) of CFC~. ]~. Agency Dec/sion A, Cranti~ a Temporar~ ,~,xemption On ~e basis of ~e av~lable e~dence as pre~ously ~s~sse~ ~A has deeded to ~t a tempora~ essen~ul use exemp~on to pe~t ~ man~a~g, process~, ~d ~s~bu~on o~ CFCs for automa~c systems w~ have a ~ed-ralease o~ pes~cide ~or use in lo~-te~ tobacco storage ~eater ~ ~ee ~e~}. ~s tempor~ exemption Is e~ec~ve ~m May I~ i~ to December 31, ~, ~e 19~ season for poten~ ~se~ " ~esta~o~ V~a ~e~, ~ ~ ' A~ency will publish a proposed rule, probably by the fad of lgSl. B. Reoson Por lVot Providh~ PubJJc Conune~t Period Under the Administrative ~ocedures Act. an agency generally must publish a rule in proposed form. and solicit publ/c comment, prior to promulgating the rule in final form. However, the APA also provides that an agency may d/spense with such procedures When the ~ency finds that notice and public comment • are "impracticable, unnecessary, or contrary to the public interest" and includes in the rule a brief statement originally requested'an exemption for it~ explaining the basis for this finding [5 • " ~ entire production for timed-release " " ~JSC Sec. 553Co][B)). Under th/s .... ~insecticide for tobacco storage, with - ~" .. authority, EPA is publishing this rule " "'s'aleb to the Cool~erative'[~e'ouly entity' without opportunity for public comment involved in long-term storage] for the reasons stated below, eccount/ng for about 75 percent of tb~- • total. As stated above, EPA'~" research indicat~ that persons engaging in short- term storage, are g~nerally satisfied with alternative systems. Also, while some of: the rationales pr0vldedby the petitioner are apph~cable to all'tobanco storase, it ": is apparent that the evidence" ~upporting the essential use exemption ~ully applies only to long-term storag~:~ .. ~. " ~ EPA is granting this exemption fo~ a : atingle insect season for several reasons..: " First, although factua~ data is limited. .., ..~ the petitioner has pr~ided suff/cient. information for EPA'to conclude that the potdntial economic lobs and the risk to employees from using alternative systems may be greater than the risk to human health and the en'vironment from the release of approximately 9,000 . kilograms of CFCs into the atmosphere, . Second. EPA cannot gran! or deny a • permanent exemption for tiffs use until it completes a more thorough investigation of the particular use. The information - available at this time concerning the effec~ of substitutes on human health . and the environment and on the tPhotential damage to the tobacco and on e subsequent possible financial loss is incomplete, and EPA believez it must" " collect and evaluate additional information. Third. EPA believes ~hat " " before granting a permanent exemption " " it should provide an opportunity for" • public comment, something it is unable to do with respect to use of the CFC ,~ -: system for the ~98Z season because of. the need for immediate actien~ Fourth, the Company has indicated tha! it is actively continuing to exp|ore alternative propellants, and the one- - season exe~nptinn will provide the Company with a fuller opportunity to. study the problem- - If EPA's further analysis of the - exemption request indicates that ~ permanent exemption is warranted, the • The petitioner has-indicated that in " ." order to be prepared for the 1981 season {running approx/mately six months ~om" mid-spring to told-autumn} the Company. must begin processing the CFC,- : . - propelled insecticide by no later than -" early April 1981. This is nec~sary to " allow the Company to complete its . ' • processing of the product, and for the product to be installed in the various - tobacco storage ~acilities ma/ntained b~ the Cooperative. Failure to commence. processing during this period would preve.nt the use of the CFC-propelled. " system for the upcoming growing season~:.: .. ;:=.-.. :... . Opportunity ~or public comment at this time is not possible given these tim~ constraints, Further, under the circumstances, EPA was unable ~ make ,its decision to grant the exemption at hn earlier time so as to provide an opportunity for public comment prio~ to the date that the exemption is required. Following receipt of the request in . January; EPA undertook an investigatio~ of the request, co.nsidering the.nature of the use and the availability of ... substitutes, Th/s included efforts to obtain independent information bearln8 on the merits of.the exemption request. This investigation raised a number of questions which EP~ was required to resolve on the basis of letters and discussions with the Company and th~ " Cooperative. ', ~.:~ .:; In view of these facts, and consideri~ the likely health and econom/c impact ff this exemption is not effective for the .., 1981 season, EPA finds that it is in the • public interest to promulgate this rule withoutan opportunity for comment, Although the circumstances of th/s - case may have made it difficult for the Company to contact EPA em-I/er, as a general matter filing a petition further in advance of the time when action wa~ T!04231176

27122 Federal Roadster / VoL 46, No. 95 / Monday, M~y 18, 1981 Rule. and Radiations required would make it possible for EPA to provide an opportunity for public comment. Therefore, persons who seek an exemption from the CFC rule should contact the Agency no later than six months before the date such exemption is required to be in effect. If in the future EPA rules upon exemption requests that would require expedited action, it ~ consider the timing of the request~ and the " - petitioner's rationale for not contacting the A~ency sooner, C. Rul~maIdr~ ~eco~ EPA has established a Public Reco~ Dated: May II, 1981. Walter C. Barber, Jr. ,4cti~S h dry. "strafer. (Sac. ~ To~c Sub~i~ces Con~! Act ~), ~A is ~e~ ~ ~ P~ 762 by " ad~ a new para~aph {i] to ~ 752.55 {o read as foDows: ~ 76~ ~nfial use ex~m~on~ {i) Automa.c ~ed-r~]ease hsecU~de ~spens~ system fo~ fa~be~ ~ w~ to~hcco is stored £or ' ~ee or m~ ~e~s,'fur ~se ~m May for this rulem.akin8 {OPTS 66007} th/~t is . 18, ~98~ !9 December..3.L..~981: . .. available forinspection in P,m, F,-I~..-..lmu.~~ c~x~e ~1.~ • :'i- -~.': ".. ' .... -" This record includes all L~ormation. __ . . ,, • considered by the Agency. . .. L Application for Exemption. Virgin/a Chem/cals, Inc.--dated December 29, - 19~0. .- : ~ 7,. "Essential Use Determ/nations, ".. Revised"-.-EPA, March 17, 1978..,,. :.. 3. All information received from -: .-- VL,.g/nia Chemicals, Inc. and-the Flue- Cured Tobacco Cooperative ....... Stabil/zation Corporafiom.. - ,~ .:,-¢. 4. Memoranda of all Meetings. - ::. S, Records of all other contacts with person~ outside of the Agency. v.:-. A. co.~.~u~; ............ : I~291 ;. :'. ~ . ).. -.., , ~'" Section S[a}[1} of Executive.Order" 12291 exempts regulations that respond to emergency situations, In this instance, compliance with the Executive Order is impractical because delay in promulgating the rule would ' "" sigu~cantly reduce th~ value of relief the petitioner seeks, as set forth above. Moreover, this regulation is not a "major" rule as set forth in the . Executive Order. It has a relatively , • smell/mpact on the econqmy and its primary impact is to decrease the costs imposed on the Cooperative as a result of the pre-existing CFC regulations. - Accordingly, no Regulatory Impact:" .. Analysis is required for it. . : B. Certlficotlo~ oJ~ no Signiflc~'~ SmoIl " Enti~y lmpo~t . • ~ As mandated by the Regulatory FlexibiliW Act. EPA is ce~ that this regulation will not have a sigu~cant impact on a subetantial number of small entities. The effect of the rule is to reduce the burden en the Cooperative. and increase the safety of the lobecco crop it holds: overall this should result in only a minor effect on the 700.000 members of the Cooperative. thR majority of whom are small businessmen. GENERAL SERVICES ADMINISTRATION , 4_'1 CFRPart~ 5A-1, 5A-3, and 5A-16 [APD 2800~ CHGE 25] .z,..,,, . . Forms for Purchase Ord~r~ ~nd'" • Request~ for Quotations. ~, • AGe,Cv:.'Gene~al ~erv~ces:" ' " - ' " Administration." "' ": "" : " Ac'r~oN: F~n~l rule." ":~':; "~'"" SUMMARY~. The General Sez~dces. " Administration_Procurement Regulstions. Chapter 5A. are ~ne~ded" " to pr~scrib~ two purdhase ord~r forms and a request for quotation form. Thes~ forms are required for use in the Federal Sul~ply Service's new automated supply system. The intended effect is to • " " Improve the supply system thrpugh"-:i'i~. automation. v.~-~'l~ D#tl~: April 2.9. ~0~ WdRTHI~ |NFORMAT]ON CONTACI~. Mr. Philip G. Read, Director. Federal • Procuremen.t Regulation~ Directora[e,. Office of Acquisition Poliay {703-557- PA~T $A-1--G~NERAL ~ubpad 5A-1.73--Pr~paratlon and Distribution-o! Contra~ Documents 1. Sectioi~ ~A-1.7301 is amended by revising paragzaphs {b} and {c}, and adding paragraph {d} as follows: § 5A-1.7301 Pur¢hs~ or@w'|orm~- . [b} GSA Form 3184, GSA Stock Item Direct Delivery Order. illus~ated in § 5A-16.gY~}-8184, is a 7-purr form for use when ordering stock items that are to be delivered by the vendor direct to the consignee. - [c} GSA Form 3I~8. Order for Supplies oz Services. illustrated ~ § 5A-16.950- 3188, is a 7-part form used primarily for stock replenishment and nonstock direct delivery purchase orders.. (d) GSA Form 3433, Marking and Shipping Instructions, illustrated in § 5,~-16,950-3433, is provided for use as an attachment to GSA Forms-3184: and 318e when mark/rig and sldpping instruction~ are not otherwise specified. ~. Sectibn 5A-1.7301-1 is revised to read as follows: § ~-1.7~01-1 General. The document numbering eyetem " " ... prescribed below shall apply orders issued by FSS except for those . issued by.the Special PrOgrams D/vision" {FCGA) of the General Products C~nter," . Office of Contracts. FCGA may use the incoming age'ncy requisition numt~_er in lieu of the numbering system'pres~/bed below. - .... 3. Section SA-1.7301-2 is emended by revising the introductory sentence and paragraph § SA-1.7~01-2 ~n~oll~te~ purcha~e~... When feasibl~, orders for related - national stock numher~ [NSN's) " ,. purchased at ~e same time a~d f~" the same contract so~rce ehail be combined. as follows: ... ...'.. ....... !. , .,.,. [a) On a single suffix domunent." "'" number, e.g., 6PN-F_,-54390-1, onlywhen • the folloK, in~ elements of the' ". ...... " " " requisition~ are the aurae: Requi'~iti .~er; Julian date; consignee [final consignee when sh/pped through an export packing facility); fund code; project code; priority group; end billed off/ca. Each line item should be priced separately. PART 5A-3--PROCUREMENT BY NEGOTIATION Subpart 5A-~.6-small Purchases 4. Section 5~--3.603-1 is amended by revising parag÷aphs (a) and [b} as follows: § SA-S.S0S-~ S~,c~Uo~... .... (a) Forms.. -" (1) When written'solicitations are -. required {see § 1-3.603-1}, one of the following forms shall be used, • .. [i) Sta~dard Form 18, Request .for Quotaffovs. {See § 1-16.~,01). Except as provided in OiL below, tide form shall be used for requesting written quotations. The form may not be used when it is considered advantageou~ to obtain a fir& offer which, upon acceptance by the Go~'ernment, results in a bilateral contract. [ii) GSA Form 3188, Request ,for QuotaEon. {See § 5A-16.950-3188). GSA Form 3188 is autho~zed for use w/th the T!04231177

~m~Z.ore~,r,o .uad,...in,~,ud~e~ C..o,mm~ti..ee a,r~..Sen.S..~. Be.~,~e.tC.

New FTC plan President keeps kid issue alive WASH[NQTON--President Carter's personal intervention ap- parentiy has broken the deadlock over the future of the Federal Trade Commission. The compromise reached sus- pends rulemaking on "unfair" ads for three years, but leaves a spark of life in the commission's children's tv rule. Negotiators from the House and" Senate were rushing toward the draft of a "t'mal" big last weekend after an Oval Office meeting where the President warned that he would not sign any bill that termi- nates ongoing l~rC proceedings. Both congressional negotiating teams indicate agreement on a for- mu]a likely to be acceptable to the President, and there were predic- tions that the issues would be re- solved before FTC runs out of operating funds April 30, barring a floor fight in either House. • The big battle over Congress' right to veto FTC rules apparently was resolved, with all groups ac- cepting last week's Senate team proposal for a two-house veto pro- cedure (/kA, April 21). Rep. Elliott Levitas (D., Ga), who led the fight for a one-house veto, indicates he will accept the two-house alterna- tive "if it includes expedited pro- cedures" that assure that veto motions are not locked in commit- tee. Another key compromise appar- ently involved the future of FTC's power to issue rules regulating ad- vertising on the basis o f" fairness" as well as the future of the children's ad rule. Ad industry groups, alarmed by 1~rc's attack on advertising addressed to chil- (Continued on Page Advertising Age, Ap'd128, 1980 Carter keeps kid tv issue alive (Continued from Page 1 ) dren, had fought hard to change. the basic ~C law so that future advertising regulation could only be on the basis of deception. The Senate's bill met their needs, al- though Senate negotiators subse- quently backtracked slightly, and offered to allow the less stringent "fairness" test as a basis for rules dealing with children's tv ads for products found to be unsafe by regulatory agencies with jurisdic- tion over those items. The Oval Office meetings appar- ently have led to an agreement that "fairness" will be suspended as a basis for ad rules for three years-- the life of the new bill. At the same time, FTC will be allowed to use the hearing record it has accumu- lated on children's advertising if it decides to reissue new proposals dealing with children's advertising thought to be "deceptive." The White House apparently re- garded the Senate's offer to permit "fairness" for certain children's ads as a liability, and it has been dropped. White House experts parently were concerned that created a precedent that FT(/ would have to get the consent of some other agency before proceed- ing to develop its position on the ads. ~C chairman Michael Perts- chuk said the three-year "fairness" suspension probably will have lit- fie effect beyond the children's tv rule. "To the best of our ability to make predictions, we have not sualized any new rulemaking on advertising relying on fairness during the next three years," he said. The consensus among the Con- gressmen who attended the Oval Office meeting was a sense ofreltef that the long deadlock over FTC's future apparently has been bro- ken, but there was also a feeling that some of these batfl.es will be refought three years from now when b~J:C's right to operate must once again be recertified by Con- gress. Sen. Wendell Ford (D., Ky.), chairman of the Senate subcom- mittee that handles 1~rC legisla- tion; said he felt that advertisers who worried about FrC's abuse of its "fairness'~ power could be "reassured." His subcommittee al- ready has started a~ investigation to determine whether it can adopt a long-range solution that will ei- ther permanently remove the "fair- ness" power from ~2C's operating law, or try to define it so it is less likely to be abused. The breakthrough took specific form within hours of the Oval Of- rice meeting as the House team hammered out a formula reflecting those conversations. But even a temporary suspen- sion of ~rC's power over unfair ads was a bitter pill for some FTC ddfenders in Congress. Leaving the White House meeting last wee~ Robert Packwood (D., Ore.) predicted "a generation of kids with rotten teeth and cancerous lungs because of tbJs {1~C1 bill. Hencdforth, any ad that is unfair, alluring, and directed to our chil- dren that you can't prove is false is going to be allowed." The Senator said three groups-- the ~d industry and the sugar and tobacco industries--are "getting their way." Last week's House package was described as a "t'me tuning" of pro- posals previously offered by the Senate (A~, April 21). # 18470 TI04231179

T!04231180

Federal Register ] Vo]. 4B, No~91 / Tuesday. May 12, 1981 / Rules and Regulations 14. Part 3F9 of the Export Administration Regulations is amended by adding a new paragraph {i'J(3) to- § 379,4 read~ig" as follows: § 379.4 Gener~ Ik~rme GTDR:. T~c~nJcal [or entry No, 1572 on the Commoo~'tX ControlI~st(CCL). No technical data related to CCL entry 1572A,'Exception 2 through 4, may be exported under the provisions of this General License GTDR until the exporter has received written assurance/zorn the importer that the technical data will not be shipped, either directly or indirectly, to Country Groups P, Q, W, Y or Z, or Afghanistan. The letter of assuranc~ requirements are stated in § 3~9.4{f}(1). Sacs. 4(e}, s, s, 7,13. l& xTid} Pub. L ge-v& g.~ StaL ,~3, SO ILS.C. app. § Z40~. etsbq.; Section SO9(c}; Pub, L. 95-242. 92 StaL 141, to be codified at 4Z U.$.C. § Zl.~}a; Section 10"J, Pub, L~g4--183, 89 StaL 877, 4~. U,S.C. § 52~74 Section 101. PUb. L. t}3-.-lS& 87 Star. 5?6, amending ~O U.S.C. | :tSS; section PUb. L. 94-25& gO Star. 309, amending 10 U.S.C. § 7430. Executive Order lzZ14 [45 F,R. 29?83, May 6.1980}; Department Organization Order :t0-3 [45 F.R. 61,ll, lanuery 25,. :1980); International Trade Administration ." Organization and Function Orders 41-1 F.IL 11882, February ~ ~980) and 4z-~ [45 FR OS003, October t, 19SO}.| ~ Dated= May 0, 1981.. Wm~=m V. Slddmom, DirecWr, Office oJ~Export Adn~nistr~tion, International Trade A._dministration. . J / 16 CFR Partl 0, 1~ 2, 4, and 5 Organization Changes In the Commission's Rulemaklng and Inve~tlgatory Procedures ,~O[NCY: Federal Trade Commission; ACTIO~ ~inal rules. SUltl~Y: ~hese rules reflect adoption. o~ and amendments to the Commission's interi~ rules published May 29, Fed. Rel+. 36337}, implementing the " Federal Trade Commission . Improvements Act of ~980 and respond to comments submitted on those rules. They are designed to implement changes made by that Act in the Commission's rulemaking and investigatazy procedures, sI=~CTIv]z OAT~: May 12, FOR FURTHER INFORMATION CONTACT:. Ban'y R. Rubin, Assistant General. Counsel, Federal Trade Commissivn, Washington, D.C. 20590 (202} 52.%3520. SUPPLEMENTAI~Y INFORMATION: The Commission's interim rules implementing th~Federal Trade Commission Improvements Act of 1980 were the. subject of 60 days: public comment. In light of the comments received and o~ the Commission's experience with the interim rules, several changes are made. In addition, other technical corrections are mede in the Commission's Rules o~ Practice, such. as substitution of "Office of Personnel Manasement'~ for "Civil Service - Commission" where.vet it ~appears ~ the rules. The Comments • F~ght comments were received on the- interim, rules. The following is +t ,' discnssio~i of the principalissues raised in the comments.and the Commission's responses thereto. Specific changes in the rules are described'in the+next sec~on. 1, The Grocery Manufactdrers o~ - America (GMA} objects to the Commission's assertion that documents submitted to it in response to compulsory process {"custodial docmnents"} may be disclosed to Commission conlradtors or consultants who have Signed a nondisclosure agreement, arguin~ that disclosure should be limitbd to Commission employees. The lesislative history of the • Improvements Act supports the Commission's interpretation. In debating the confdrence report on the bill that. would become the Improvements Act, - Senator Ford, Chairman of.the Subcommittee on Consumer o+ the Senate Commerce Committee. said that section 21(b}{3}{B| of the FTC Act "does. • not preclude use o.f custodial documents -. by consultants retained by the Commission, provided that they will be using the dommaents for official business . and have signed a written agreemeht not to disclose informr+tion withqut the • Commission's consent." 120 Cong,'Rec, - S~0?8 {May ~, t~0). GMA also urge# that the amendments to eec.tion 8{fJ of the FTC Act limiting public disclosRre o+ certain confidential commercial or financial infonnation should be read to preclude disclosure even in Commission administrative proceedings. However, section 21 {d}{2} of the FI'C Act specifically provides that disclosure in such proceedings should be T!04231181