^ “ UTTERA \ V 7 , SCRIPTA I X V

^ 1934 VOLUME 12 NUMBER 3 * i/AJITEO ^ Washington, Saturday, , 1947

TITLE 3— THE PRESIDENT SaiAngs Awards $1-$1,000___ $10 for each $200 of sav­ CONTENTS ings with a minimum EXECUTIVE ORDER 9817 of $10 for any adopted THE PRESIDENT suggestion. R e g u lat io n s G o v e r n in g A w ards to F ed­ $ 1, 000- $ 10, 000 . $50 for the first $1,000 of Executive Order Pase eral E m p l o y e e s for M er ito r io u s S u g ­ savings, and $25 for Awards to Federal employees for g estio ns AND FOR EXCEPTIONAL OR MERI­ each additional $1,000 meritorious suggestions and for TORIOUS S ervice of savings. exceptional or meritorious $10,00U-$100,000___ $275 for the first $10,000 service______57 By virtue of and pursuant to the au­ of savings, and $50 for thority vested in me by section 14 of the each additional $10,- EXECUTIVE AGENCIES act of August 2, 1946 (Public Law 600, 000 of savings. 79th Congress), I hereby prescribe the $100,00 or more__ $725 for the first $100,- Agriculture Department following rules and regulations govern­ 000 ¿of savings, and See also Commodity Credit Corpo­ $100 for each addi­ ing the payment of awards for meritori­ tional $100,000 of sav­ ration; Dairy Industry Bureau. ous suggestions of civilian officers and ings; provided that Rules and regulations: employees and for the incurring of (with the exception of Citrus fruits in and expenses for honorary recognition of the War and -Navy De­ Arizona; limitation of ship­ exceptional or meritorious service: partments) the maxi­ ments: mum award for any Lemons______. . . . 61 S e c t io n 1. Any civilian officer or em­ one suggestion shall Oranges___ .______1— 62 ployee of a department (as the word not exceed $1,000. Price decontrol and recontrol: “department” is defined in section 18 S ec. 3. When a suggestion is adopted Agricultural commodities in of the said act of August 2, 1946) who primarily upon the basis of improvement short supply; certification. 60 makes a suggestion, in such form and in the operations or services of the de­ Agricultural commodities not manner as his department shall require, partment, the department shall deter­ important in relation to which is adopted for use in the depart­ mine the amount of the award commen­ business costs or living ment on or after August 2, 1946, and, in surate with the benefits anticipated from costs______61 the judgment of the department head or the suggestion. Whenever the head of a Special Commodities Branch; other duly authorized authority in the department believes that a suggestion he inspection of naval stores____ 64 department, has resulted or will result has adopted would benefit the Govern­ Tobacco, flue-cured and burley, in improvement or economy in the opera­ ment service generally, he may report it marketing quotas, 1947-48___ 61 tions of the department by way of mone­ to the Director of the Bureau of the Alien Property, Office of Budget for dissemination to all depart­ tary savings, increased efficiency, con­ Notices: ments. servation of property, improved em­ Vesting orders, etc.: ployee-working conditions, better service S ec. 4. At the end of each fiscal year Deutsche B an k ______89 to the public, or otherwise, shall be eligi­ each department shall report to the Di­ Inter-Allied Patent Corp____ 90 ble for consideration for a cash award, rector of the Bureau of the Budget the King, Elizabeth P ______90 A former civilian officer or employee (or number of employee suggestions sub­ Sahlender, Herman Friderich. 88 his estate) shall be similarly eligible for mitted, the number of such suggestions Spenner, Gertrude Spiegel___ 89 awards for such suggestions made while adopted, the total amount of cash Tagami, Tojuro______88 in the service of the department. awards, and the total amount of esti­ Taniguchi, Masatsu______89 mated annual savings. . Civil Aeronautics Board S e c . 2. Whenever a suggestion is deter­ S e c . 5. A department may provide for Notices: mined to be meritorious and is adopted the purchase and award of appropriate British Overseas Airways Corp., solely or primarily because it will result certificates, medals, or other emblems, hearing______74 or has resulted in the saving of money, in honorary recognition of service which Rules and regulations: the amount of the award shall be based is determined by the head of the depart­ Rules of practice governing on the amount, of the annual es­ safety cases and petitions for ment to be exceptional or meritorious. timated saving in the first year of op­ waivers of civil air regulations eration in accordance with the following S ec. 6. No award shall be paid for any (Corr.)______64 table, unless for special reasons the head suggestion which is not adopted for use Civil Service Commission of the department shall determine, sub­ within five years from the date the sug­ Rules and regulations: ject to the limitations prescribed in the gestion is received by the department. Removals and reductions; re­ said act, that a different amount is justi­ Any department may, in its discretion, tention preference regarding fied: (Continued on p. 59) reduction in force______59 57 58 I RULES AND REGULATIONS

CONTENTS— Continued CONTENTS— Continued Commodity Credit Corporation Page Securities and Exchange Com- Page FEDERALÄREGISTER Rules and regulations: mission— Continued 1934 ,-^ K Surplus agricultural commodi­ C l/A/ITFQ ^ Notices— Continued ties for export, disposal; terms Hearings, etc.— Continued and conditions of cotton sales General Public Utilities Corp. for export program______60 and Atlantic Utility Service Dairy Industry Bureau Cerp______88 Published daily, except Sundays, Mondays, Rules and regulations: Memphis Street Railway Co_ 86 and days following legal holidays, by the Butter, process or renovated; N Y PA NJ Utilities Co. and Division of the Federal Register, the National sanitary inspection (Corr.) 64 General Public Utilities Archives, pursuant to the authority contained Corp______86 in the Federal Register Act, approved July 26, Federal Communications Com­ Peoples Light Co. of Pittston 1935 (49 Stat. 500, as amended; 44 U.S.C., mission ch. 8 B ), under regulations prescribed by the et al_____ ,______85 Administrative Committee, approved by the Notices : United Light and Power Co. President. Distribution is made only by the Hearings, etc.: et al______-.______81 Superintendent of Documents, Government Andrews, Prank, et al------80 Rules and regulations: Printing Office, Washington 25, D. C. , Ashbacker Radio Corp., and Exemption of certain securities. 65 The regulatory material appearing herein is Manistee Radio Corp______77 keyed to the Code of Federal Regulations, Eau Claire-Chippewa Broad­ Social Security Administration which is published, under 50 titles, pursuant casting Co. and WBIZ, Inc__ 76 Notices: to section 11 of the Federal Register Act, as Erie Broadcasting Co_____ 79 Certification to Secretary of amended June 19, 1937. Eugene Broadcast Station Treasury of State laws____ 91 The F ederal R egister will be furnished by State unemployment com­ mail to subscribers, free of postage, for $1.50 (KORE)______79 per month or $15.00 per year, payable in ad­ Eugene Broadcasters, Inc___ — 76 pensation laws______90 vance. The charge for individual copies Keokuk Broadcasting Co____ 80 State Department (minimum 15if) varies in proportion to the KJAN Broadcasting Co., Inc., Rules and regulations: size of the issue. Remit check or money et al______78 Organization; Assistant Secre­ order, made payable to the Superintendent Lake Worth Broadcasting of Documents, directly to the Government tary for Administration Printing Office, Washlhgton 25, D. C .' Corp., Inc______77 (Corr.)______65 Louisiana Broadcasting Co. There are no restrictions oA the republica­ Territories and Island Posses­ tion of material appearing in the F ederal et al______75 R egister. Oneonta Star, Inc______77 sions, Division of Pocahontas Broadcasting Rules and regulations: Corp. et «1______78 Organization and procedure; Red River Valley Broadcast­ revision of regulations______67 ing Corp. (KRRV) et al— 74 NOTICE War Department Thompson, Roscoe L ______;__ 80 Rules and regulations: General notices of proposed rule Times Publishing Co_____ 76 Reserve Officers Training Corps; making, published pursuant to Federal Trade Commission institutions and units______64 section 4 (a) of the Administra­ Notices: tive Procedure Act (Pub. Law 404, Metal Lath Manufacturers Assn. CODIFICATION GUIDE 79th Cong.; 60 Stat. 238), which et al.; hearing______90 were carried under “Notices’’ prior Rules and regulations: A numerical list of the parts of the Code to , 1947, are now pre­ Cease and desist order; William of Federal Regulations affected by documents sented in a new section entitled A. Herman______— 64 published in this issue. Proposed rules, as “Proposed Rule MakingRela­ opposed to final actions, are identified as such Food and Drug Administration in parentheses. tionship of these documents to Proposed rule making: material in the Code of Federal Corn meal and corn meal prod­ Title 3— The President Pase Regulations, formerly shown by ucts; definitions and stand­ Chapter H— Executive Orders: cross reference under the appro­ ards of identity------69 *9817______57 priate Title, is now indicated by a bold-face citation in brackets at Reconstruction Finance Corpo­ Title 5— Administrative Person­ the head of each document. ration nel Rules and regulations: Chapter I— Civil Service Commis- Expiration: \ sion: Butter production payments. 66 * Part 12—Removals and reduc­ Flour production payments— 66 tions______59 CONTENTS— Continued Livestock slaughter pay­ ments..------66 Title 6— -Agricultural Credit Civilian Production Administra- Page Mid-continent crude compen­ Chapter II— Production and Mar­ tion satory adjustments------66 keting Administration (Com­ Notices: Petroleum compensatory ad­ modity Credit) : justments ---- 66 Consent order: "ipart 295—Disposal of surplus Stripper well compensatory ad­ Camp Ganeden, Inc------91 agricultural commodities for justments; definitions and export______60 Rules and regulations: amount of claims------67 Priorities action by Office of In­ Title 7— Agriculture Securities and Exchange' Com­ Subtitle A— Office of the Secre- ternational Trade Operations, mission Department of Commerce \ tary: Notices : (Directive 27, Revocation)— 66 1 Part 7—Price decontrol and re- i Hearings, etc.: contror(2 documents) .____60,61 Suspension orders: Allied Stores Corp. et al------85 Chapter VII— Production and Cusano, James------66 Central Illinois Public Serv­ Marketing Administration Miller, Louis, and Santo ice Co------88 Nastasi______— i ------— 66 •Central States Utilities Corp. i (Agricultural Adjustment) : Still, Tom, Transfer Co., Inc., et al______82 \ Part 725—Burley and flue-cured et al______- ______66 Cities Service Co. et al------84 tobacco______— 61 Saturday, January 4, 1947 FEDERAL REGISTER 59

CODIFICATION GUIDE— Con. CODIFICATION GUIDE— Con. it exceed one year: Provided, That no­ tice of furlough to employees in sub­ TiMe 7— Agriculture— Con. Pa£® Title 32— National Defense— Pa€® groups A -l and A-2 with competitive Chapter IX — Production and Mar­ Continued status shall conform to the one-year no­ tice ruje under § 12.310. In the event keting Administration (M ar­ Chapter X IX — Reconstruction Fi­ keting Agreements and Or- nance Corporation— Con. that Vacancies are to be filled in positions in the competitive level and competitive l ders) : Part' 7009— Flour production ' Part 953— Lemons grown in Cal- payments______66 area from which such employees have i ifornia and Arizona-______61* Part 7010—Livestock slaughter been furloughed, such employees shall be VPart 866— Oranges grown in / payments______66 given the opportunity to return to duty before any original appointments are California and Arizona____ 62* Title 48— Territories and Insular Chapter X X I — Organization, made to such positions: Provided, how­ i functions, procedure: Possessions ever, That since no position in the agency * Part 2309— Special Commodi­ Chapter I—Division of Territories may be filled by original appointment of ties Branch______64'* , and Island Possessions: a person, or by the promotion, reassign­ VPart 1—Organization and pro­ ment, or transfer of a retention group B Title 9-—Animals and Animal cedure ______67 i or C employee if the agency has em­ Products ployees in subgroup A -l or A-2 with Chapter III—Bureau of Dairy In­ competitive status on leave or furlough dustry: change the designated period of five due- to reduction in force who are avail­ Part 301— Sanitary inspection of years to a less period of time. able and qualified to fill the position process or renovated butter__ 64 without undue interruption to the activ­ S ec. 7. No award shall be paid to any ity, such status employees in subgroup Title 10— Army: War Depart­ officer or employee for *any suggestion ment A -l or A-2 shall be considered for such which represents a part of the normal positions. Offer of recall to duty in posi­ Chapter VI— Organized Reserves: requirements of the duties of his posi­ tions of the competitive level and com­ n Part 602 — Reserve Officers tion. petitive area from which furloughed Training Corps______64 4 Sec. 8. The total of cash awards paid shall be made in the order of retention Title 14— Civil Aviation during any fiscal year in any department preference of furloughed employees. Chapter I — Civil Aeronautics (except the W ar and Navy Departments) * 4c * * * I Board : shall not exceed $25,000. Cash awards (c) Exceptions; status employees. No * Part 97— Safety cases and peti­ and expenses for honorary recognition employee in retention group A-2, A-3 pr tions for waivers of civil air j for exceptional or meritorious service A-4 with competitive status and serving regulations______64 v may be paid from the appropriation for in a position subject to the Civil Service Title 16— Commercial Practices the activity primarily benefiting or may Act may be separated or furloughed in a Chapter I—Federal Trade Com- be distributed among appropriations for reduction in force if there is a position l mission : j activities benefiting as the head of the subject to the Civil Service Act in the de­ 4 Part 3—Cease and desist orders. 64 ^ department determines. partment in any other competitive area or competitive leyel within the geo­ Title 17— Commodity and Secu­ S ec. 9. A cash award shall be in addi­ graphic area, which may reasonably be rities Exchanges tion to the regular compensation of the recipient, and the acceptance of such expected to continue for one year or Chapter n — Securities and Ex­ cash award shall constitute an agree­ more, not filled by a retention group A change Commission : ment that the use by the United States employee which he could fill without un- '• Part 240— General rules and of the suggestion for which the award is du,e interruption to the activity involved regulations, Securities Ex­ made shall not form thé basis of a fur­ uniless (1) he refuses a reasonable offer of change Act of 1934______65 4 ther claim of any nature upon the United transfer to a position meeting these re­ Title 21— Food and Drugs States by him, his heirs, or assigns. quirements, including reduction in pay, Chapter I— Food and Drug Ad­ if necessary, or (2) he has reemployment ministration: * Sec. 10. This order shall be effective rights to a position in another depart­ Part 15—Wheat flour and re­ as qf August 2, 1946, and shall be pub­ ment. Subject to the other requirements lated products; definitions lished in the F ederal R egister. set forth above, agencies shall consider and standards of identity H arry S. T rum an such group A-2 employee with#competi- (proposed)______■_ 69 tive status who is reached in a reduction T he W hite H ouse, and who has had five or more years of Title 22— Foreign Relations December 31, 1946. Federal Government service including Chapter I— Department of State: IF. R. Doc. 47-131; Filed, Jan. 2, 1947; active military service, for reassignment 4 Part 1—Organization______65 * 2:31 P- m.] to a position either vacant or occupied by Title 32— National Defense a war service or a temporary employee in Chapter IX —Office of Temporary the agency at another geographic area Controls, Civilian Production TITLE 5— ADMINISTRATIVE where reassignment within his present Administration : PERSONNEL geographic area cannot be made and the Note: Regulations and orders ap­ employee desires to be considered for a pearing under this chapter are listed Chapter I— Civil Service Commission position in such other area. Offers of re­ only in the Table of Contents, supra. assignment of status employees in sub­ P art 12— R emovals and R eductions group A-2 shall be made prior to the ex­ Chapter X IX — Reconstruction Fi­ RETENTION PREFERENCE REGULATIONS FOR piration of the first sixty days of non- nance Corporation: + USE IN REDUCTIONS IN FORCE duty jtatus. Pärt 7001—Petroleum compen­ (d) Exceptions; veterans preference 1. Paragraphs (a), (c) and (d) of satory adjustments______66 employees. No employee in subgroup § 12.309 (10 F. R. 12184) are amended to Part 7002—Butter production A -l with competitive status and serving read as follows: payments______66 in a position subject to the Civil Service Part 7003— Livestock slaughter § 12.309 Actions— (a) Exceptions; Act may be separated or furloughed in a payments______66 furloughs. Where the reduction in force reduction in force if there is a position Part 7004—Flour production is the result of a temporary condition subject to the Civil Service Act in the payments ______66 which is not expected to continue for department in any other competitive Part 7005—Mid - Continent more than one year, employees reached area or competitive level within the crude compensatory adjust­ for action may, in lieu of being sepa­ geographic area which may reasonably ments______66 rated, be furloughed for a period not to be expected to continue for one year or 4 Part 7007— Stripper well com­ exceed the -unexpired portion of the pe­ more not filled by an employee in sub­ pensatory adjustments______67 * riod of appointment and in no case shall group A - l which he could fill without 60 RULES AND REGULATIONS undue interruption to the activity in­ 7. These amendments are effective as not later than 45 days after the sailing volved, unless (1) he refuses a reasonable to notices released to employees on and date or month or months of delivery offer of transfer to a position meeting after ,1947. shown on the certified copy of the sales contract filed with the New.Orleans O f­ these requirements, including reduction N ote : The Federal Government, at the pres­ in pay if necessary, or (2) he has reem­ ent time, is going through a period of reduc­ fice. An extension of time for submis­ ployment rights in another department. tions in force in many agencies. In some of sion of the documents specified above Subject to the other requirements set these reductions career employees with many may be granted by the Director of the forth above, agencies shall consider such years of service have been reached for separ­ New Orleans Office if the exporter has veteran preference career employee in ation in particular agencies and locations been delayed in submitting such docu­ when in other parts of the same agency or of group A -l with competitive status- who is ments by causes -which are determined the Federal service, war-service and tempo­ by the Director of the New Orleans O f­ reached in a reduction and who has had rary appointees continue on the job. It is five or more years of Federal Government the policy of the Federal Government that fice to be beyond the control of the ex­ service including active military service, fully satisfactory employees who have porter. for reassignment to a position either achieved competitive status and given loyal These amendments shall be effective as vacant or occupied by a war service or service be retained as long as their services to all export sales heretofore or here­ a temporary employee in the agency at are required, or, if they cannot be retained, after registered under this offer. another geographic area where reassign­ that they be returned to duty as soon as openings occui or that placements for them (Sec. 32, 49 Stat. 774 as amended, sec. ment within his present geographic area

P art 7— P rice D econtrol and R econtrol (1) The preliminary allotment for anyAct of 1937, as amended, and upon the farm (including any small farm after basis of the recommendation and infor­ REMOVAL OF MAXIMUM PRICES ON AGRICUL­ adjustment pursuant to paragraph (a) mation submitted by the Lemon Admin­ TURAL COMMODITIES NOT IMPORTANT IN of this section) may be increased within istrative Còmmittee, established under RELATION TO BUSINESS COSTS OR LIVING the limits stated in subparagraph (3) of the said marketing agreement and order, COSTS this paragraph if the community com­ and upon other available information, § 7.60 Removal of maximum prices on mittee, with the approval "bf the county it is hereby found that the limitation of agricultural commodities notr important committee, finds it to be smaller in rela­ the quantity of siich lemons which may in relation to business costs or living tion to past acreage of tobacco, and the be handled, as hereinafter provided, will costs. Pursuant to the authority vested land, labor, and equipment available for tend to effectuate the declared policy of in me by the Emergency Price Control the production of tobacco on the farm tJie ^ct; Act of 1942, as amended, and particularly than the average of the preliminary al­ (2) It is hereby further found that by section 1A (e) (2) (B ) of said act as lotments for all old farms in the com­ compliance with the notice, public rule added by the Price Control Extension Act mit lity in relation to such factors: Pro­ making procedure, áhd effective date of 1946,1 hereby determine that no rec­ vided, That any such adjustment shajl requirements of the Administrative Pro­ ommendation should be, and none is, be made in relation to the acreage of cedure Aet (Pub. Law 404, 79th Cong., 2d made that maximum prices be removed tobacco harvested tm the farm in the Sess.; 60 Stat. 237) is impracticable and on any agricultural commodity for the 3 years 1944-46 and after giving due con­ contrary to the public interest in that the reason that it Is- not important in rela­ sideration to the crops and enterprises time intervening between the date when tion to business costs or living costs pur­ on the farm other than tobacco and the information upon which the section is suant to section 1A (e) (2) (B) of said soil and other physical factors affecting based became available and the time act. the production of tobacco on the farm. when this section must become effective in order to effectuate the declared policy (Pub. Law 548, 79th Cong.) - 2. Striking out the first sentence in subparagraph (4) of § 725.316 (b) and of the Agricultural Marketing Agreement* Done this 31st day of December 1946. inserting in lieu thereof the following: Act of 1937, as amended, is insufficient for such compliance. [ seal] C lin t o n P. A nderson, (4) The increases for all farms in any (b) Ordeir. (1) The quantity of lem­ Secretary of Agriculture. community, as determined pursuant to ons grown in the State of California or [P. R. Doc. 47-93; ‘ Filed, Jan. 3, 1947; § 725.315 (c) and subparagraphs (1) and in the State of Arizona which may be 8:48 a. m.] (2) of this paragraph (adjusted prelimi­ handled during the period beginning at nary allotment minus 1946 allotment), 12:01 a. m., P. s. t., , 1947, and shall not exceed an amount equal to two ending at 12:01 a. m., P. s. t., , percent of the acreage allotted to all 1947, is hereby fixed at 250 carloads, or Chapter VII— Production and Market­ farms in the community in 1946 unless an equivalent quantity. otherwise recommended by the county (2) The prorate base of each handler ing Administration (Agricultural committee and approved by the State Adjustment) who has made application therefor, as committee: Provided, That the total of provided in 1 the said marketing agree­ [Tobacco 13, Supp. 1] such increases for any county shall not ment and order, is hereby fixed in ac­ exceed *an amount equal to two percent cordance with the prorate base schedule P art 725— B urley and F lu e -C ured of the acreage allotted to all farms in which is attached hereto and made a part T obacco the county in 1946 unless otherwise ap­ hereof by this reference. The Lemon MARKETING QUOTA REGULATIONS; 1947-48 proved by the State committee: Provided Administrative Committee, in accordance further, That the total acreage available The amendments herein are Joased on with the provisions of the said marketing hereunder for all farms in each State the tobacco marketing quota provisions agreement and order, shall calculate the shall not exceed two percent of the total of the Agricultural Adjustment Act of quantity of lemons which may be han­ acreage allotted to all farms in each 1938, as amended (7 U. S. C. 1311-1314, dled by each such handler during, the pe­ State in 1946. inclusive). The purpose of the first riod specified in subparagraph (1) of this amendment is to more clearly define the (52 Stat. 38, 47, 66; 53 Stat. 1261; 54 Stat. paragraph. use of limits and factors applicable in 392; 58 Stat. 51; 57 Stat. 387; 58 Stat. (3) As used in this section, “handled,” . making upward adjustments among 136; 7 U. S. C. 1301 (b), 1313, 1375; 60 “boxes,” “handler,” “carloads,” and “pro­ farms for which preliminary acreage al­ Stat.#21) rate base” shall have the same meaning lotments have been established. The Done at Washington, D. C., this 31st as is given to each such word in the said purpose of the second amendment is to day of December 1946. marketing agreement and order. provide a rule whereby the State com­ mittee may allocate the acreage available Witness my hand and the seal of the (48 Stat. 31, 670, 675; 49 Stat. 750; 50 in the State for adjustments of farm Department of Agriculture. Stat. 246; 7 U. S. C. 601 et seq.) acreage allotments among the counties [ seal] C linton P. A nderson, Done at Washington, D. C., this 2d and communities within the State. Prior Secretary of Agriculture. day of January 1947. to formulation of these amendments, no­ tice was given (11 F. R. 14250) that the [F. R. Doc. 47-95; Filed, Jan. 3, 1947; [ seal] S. R. Sm it h , Secretary of Agriculture was considering 8:55 a. m.] Director, Fruit and Vegetable the amending of the regulations to ac­ Branch, Production and Mar­ complish the purposes mentioned above, keting Administration. and that any interested person might Chapter IX— Production and Market­ P rorate B ase Sc h e d u le express his views in writing with respect thereto. No written expressions were re­ ing Administration (Marketing [Storage date: Dec. 29, 1946, Regulation Agreements and Orders) Period No. 203. 12:01 a. m. Jan. 5, 1947 to ceived postmarked by December 20, 1946, 12:01 a. m. Jan. 19, 1947] the closing date therefor mentioned in [Lemon Reg. 203] Prorate the notice aforesaid. The amendments base herein shall become effective thirty days Part 953— L emons G r o w n i n the S tates Handler percent of alifornia and rizona after their publication in the F ederal C A T o ta l______100. 000 R egister. LIMITATION OF SHIPMENTS The Marketing Quota Regulations, Allen-Young Citrus Packing Co_____ . 004 American Fruit Growers, Fullerton__ . 145 Flue-cured and Burley Tobacco, 1947-48 § 953.310 Lemon Regulation 203— (a) Findings. (1) Pursuant to the marketing American Fruit Growers, Lindsay------. 000 Marketing Year, Part I, are amended American Fruit Growers, Upland____ . 348 by: agreement and the order (7 CFR, Cum. Supp., 953.1 et seq.), regulating the han­ Consolidated Citrus Growers______. 106 1. Striking out subparagraph (1) of Corona Plantation Co______.295 dling of lemons grown in the State of Hazeltine Packing Co______. 833 paragraph (b) of § 725.316 (11 F. R. California or in the State of Arizona, Leppla-Pratt, Produce Distributors, 10254) and inserting in lieu thereof the issued under the applicable provisions of I n c ______,______.000 following: the Agricultural Marketing Agreement McKellips, C . H.-Phoenix Citrus Co— . 000

f 62 RULES AND REGULATIONS

P rorate B ase Sc h e d u le — Continued P rorate B ase Sc h e d u le — Continued ending at 12:01 a. m., p. s. t., January Prorate Prorate 12,1947, is hereby fixed as follows: base base (1) Valencia oranges. Prorate Dis­ Handler percent Handler percent tricts Nos. 1, 2, and 3, unlimited,move­ McKellips Mutual Citrus Growers Orange CoOp. Citrus Association____ 0.101 ment. Inc ______0. 270 Pioneer Fruit Co______. 131 (ii) Oranges other than Valencia Phoenix Citrus Packing Co------. 027 Tempe Citrus Co______. 068 oranges, (a) Prorate District No. 1, Ventura County Orange and Lemon Ventura Coastal Lemon Co------i 1.198 1050 carloads; (b) Prorate District No. Ventura Pacific Co------• 969 Association______1. 557 Whittier Mutual Orange and Lemon 2, 150 carloads; and (c) Prorate District tal A. P. G _„______4.193 Association :______. 232 No. 3, 50 carloads. (2) The prorate base of each handler Arizona Citrus Growers------v------. 338 Total M. 6. D ____ ...... 6.029 who has made application therefor, as Desert Citrus Growers Co., Inc------. 051 provided in the said order, is hereby fixed Mesa Citrus Growers------.------.790 Abbate, Chas. Co., The______. 092 in accordance with -the prorate base Atlas Citrus Packing Co______.091 Elderwood Citrus Association------. 152 schedule which is attached hereto and Klink Citrus Association------:— 7. 720 California Citrus Groves, Inc., Ltd___ . 227 Lemon Cove Association______6. 442 El Modena Citrus, Inc______. 027 made a part hereof by this reference. Glendora Lemon Growers Associa­ Evans Bros. Packing Go.— Riverside. _ . 437 The Orange Administrative Committee, tion ______• 835 Evans Bros. Packing Co.— Sentinel in accordance with the provisions of the La Verne Lemon Association------. 203 Butte Ranch______. 561 said order, shall calculate the quantity La Habra Citrus Association------. 635 Foothill Packing Co______. 000 of oranges which may be handled by Yorba Linda Citrus Association, The_ . 242 Harding & Leggett______.827 each s.uch handler during the period Orange Belt Fruit Distributors______1. 459 Alta Loma Heights Citrus Associa­ specified in subparagraph (1) of this tion ______!______• 545 Potato House, The______.007 Etiwanda Citrus Fruit Association— . 591 yRaymond Bros______. 000 paragraph. Mountain View Fruit Association— . 448 ^Rooke, B. G„ Packing Co______. 120 (3) As used herein, “handled,” “han­ Old Baldy Citrus Association______1.354 San Antonio Oichard Co______. 049 dler,” “carloads,” and “prorate base” Upland Lemon Growers Association. 1. 777 Sun Valley Packing Co_^______.000 shall have the same meaning as is given Central Lemon Association------. 452 Sunny Hills Ranch, Inc______. 300 to each such term in the said order; and Irvine Citrus Association______. 625 Valley Citrus Packing Co______. 000 “Prorate District No. 1,” “Prorate Dis­ Placentia Mutual Orange Associa­ Verity, R. H„ Sons & Co_*______. 154 trict No. 2,” and “Prorate District No. 3” tion ______• 207 Western States Fruit & Produce Co__ . 028 Corona Citrus Association______. 148 shall have the same meaning as is given Corona Foothill Lemon Co______.511 Total Independents______4.379 to each such term in § 966.107 of the Jameson Co______'• 731 rules and regulations (11 P. R. 10258) Arlington Heights Fruit Co------. 529 [F. R. Doc. 47-150; Filed, Jan. 3, 1947; issued pursuant to said order. College Heights Orange & Lemon 11:34 ar. m.] Association____!______2.063 (48 Stat. 31, 670, 675; 49 Stat. 750; 50 Chula Vista Citrus Association, The. 1. 280 %Stat. 246; 7 U. S. C. 601 et seq.) El Cajon Valley Citrus Association— . 500 Escondido Lemon Association______7. 424 [Orange Reg. 159] Done at Washington, D. C.y this 2d Fallbrook Citrus Association______2. 756 day of January 1947. Lemon Grove Citrus Association____ . 584 P art 966— O ranges G r o w n i n ti£e S tates [ se al] S. R. S m it h , San Dimas Lemon Association______. 957 o f C a l if o r n ia an d A r izo n a Carpintería Lemon Association____ 2. 659 Director, Fruit and Vegetable Carpintería Mutual Citrus Associa­ LIMITATION OF SHIPMENTS Branch, Production and Mar­ tion ______2. 784 keting Administration. Goleta Lemon Association______3. 035 § 966.305 Orange Regulation 159— (a) Johnston Fruit Co______6.046 Findings. (1) Pursuant to the provisions • P rorate B ase Sch ed u le North Whittier Heights Citrus Asso­ of the order (7 CFR, Cum. Supp., 966.1 [Orange Regulation Period No. 159. 12:01 ciation ______/ . 944 et seq.) regulating the handling of a. m. Jan. 5, 1947 to 12:01 a. m. Jan. 12, San Fernando Heights Lemon Asso­ oranges grown in the State of California 1947] ciation ___ 2. 504 or in the State of Arizona, issued under ALL ORANGES OTHER THAN VALENCIA ORANGES San Fernando Lemon Association__ . 766 the applicable provisions of the Agricul­ Sierra Madre-Lamanda Citrus Asso­ Prorate District No. 1 ciation______1.708 tural Marketing Agreement Act of 1937, Tulare County Lemon and Grape­ as amended, and upon the basis of the Prorate fruit Association______2. 763 recommendation and information sub­ base Briggs Lemon Association______1. 238 mitted by the Orange Administrative Handler percent Total-______100. 0000 Culbertson Investment Co______. 519 Committee, established under the said Culbertson Lemon Association..____ 1.123 order, and upon other available informa­ A. F. G. Lindsay______1. 7989 Fillmore Lemon Association__;______1. 365 tion, it is hereby found that the limita­ Oxnard Citrus Association No. 1____ 1. 603 A. F. G. Porterville______2.1809 Oxnard Citrus Association No. 2____ 2. 562 tion of the quantity of such oranges which Cooperative Citrus Association____ , 6959 Doffiemyer, W. T ______. 5363 Rancho Sespe______. 567 may be handled, as hereinafter provided, Elderwood Citrus Association_____ 1.2281 Santa Paula Citrus Fruit Associa­ will tend to effectuate the declared policy Exeter Citrus Association______2. 9962 tion ______2.076 of the act. Exeter Orange Growers Association- ' . 6349 Saticoy Lemon Association______2. 742 (2) It is hereby further found that Exeter Orchards Association______1.0907 Seaboard Lemon Association.._____ 2. 025 compliance with the notice, public rule Hillside Packing Corp______1.6060 Somis Lemon Association______. 000 making procedure, and effective date re­ Ivanhoe Mutual Orange Association. 1.1209 Ventura Citrus Association..______1.020 Klink Citrus Association_____,_____ 4. 5940 Limoneira Co ______9 .___ 1. 597 quirements of the Administrative Pro­ cedure Act (Public Law 404, 79th Cong., Lemon Cove Association.______1.4150 Teague-McKevett Association______. 473 Lindsay Citrus Growers Association. 2. 7275 East Whittier Citrus Association____ . 448 2d Sess.; 60 Stat. 237) is impracticable Lindsay Cooperative Citrus Associa­ Leffingwell Ràncho Lemon Associa­ and contrary to the public interest in tion______- ______1.4108 tion ______.______:____ . 137 that the time intervening between the Lindsay District Orange Co______1.4191 Murphy Ranch Co______. 960 date when information upon which this Lindsay Fruit Association______1.9484 Whittier Citrus Association______. 633 section is based became available and the Lindsay Orange Growers Associa­ Whittier Select Citrus Association__ . 232 time when this section must become ef­ tion______.6570 Naranjo Packing House Co------.9099 Total C. F. G. E _;______85. 399 fective in order to effectuate the declared policy of the Agricultural Marketing Orange Cove Citrus Association-____ 3.2611 Orange Packing Co______; 1.1185 Arizona Citrus Products Co______. 105 Agreement Act of 1937, as amended, is Orosi Foothill Citrus Association. _ 1.3038 Chula Vista Mutual Lemon Associa­ insufficient for such compliance. Paloma Citrus Fruit Association___ 1.0S82 tion .___. ______1.348 (b) Order. (1) The quantity of Pogue Packing House, J. E------. 6704 Escondido CoOp. Citrus Association. . 693 oranges grown in the State of California Rocky Hill Citrus Association^____ 2. 0874 Glendora CcOp. Citrus Association. . 288 Sanger Citrus Association______3. 0992 Index Mutual Association______. 165 or in the State of Arizona which may be Sequoia Citrus Association______. 8490 La Verne CoOp. Citrus Association. 1. 238 handled during the period beginning at Stark Packing Corp______2. 3536 Libbey Fruit Packing Co______- .103 12:01 a. m., p. s. t„ January 5, 1947, and Visalia Citrus Association______. 6529 S a t u r d a y , January 4, 1947 FEDERAL REGISTER 03

P korate B ase Sch ed ule— Continued P rorate B ase Sc h ed u le— Continued P rorate B ase Sc h e d u le — Continued ALL ORANGES OTHER THAN VALENCIA ORANGES--- ALL ORANGES OTHER THAN VALENCIA ORANGES--- ALL ORANGES OTHER THAN VALENCIA ORANGES—• continued continued continued Prorate District No. 1— Continued Prorate District No. 2— Continued Prorate District No. 2— Continued Prorate ' Prolate Prorate base base base Handler percent Handler percent Handler percent Waddell & S o n ..______1.8980Gold Buckle Association.______3.0444 Claremont Citrus Association_____ 1.1008 Butte County Citrus Association, La Verne Orange Association, The__ 4.6651 College Heights O. & L. Association. . 9493 Inc______V______i ______. 8188 Anaheim Citfl^Fruit Association__ . 0534 El Camino Citrus Association______. 6014 James Mills Orchard Corp------1.1403 Anaheim Valencia Orange Associa­ Indian Hill Citrus Association_____ 1.4010 Orland Orange Growers Association, tion ______. 0145 Pomona Fruit Growers Association- 1. 8681 Inc______.6792 Eadington Fruit Co., Inc______. 2968 Walnut Fruit Growers Association__ . 4219 Baird-Neece Corp__------1. 7467 Fullerton Mutual Orange Associa­ West Ontario Citrus Association__ 1. 7181 Beattie Association, Agnes M ------. 6374 tion ______. 2844 El Cajon Valley Citrus Association. . 3208 Grand View Heights Citrus Asso­ La Habra Citrus Association______.7. . 1272 Escondido Orange Association_____ . 4746 ciation______~______1.9573 Orange Co. Valencia Association___ . 0223 San Dimas Orange Growers Associa­ Magnolia Citrus Association------2.1907 Orangethorpe Citrus Association___ . 0207 tion ______1.0543 Portérville Citrus Association------1.3573 Placentia Coop. Orange Association. . 0446 Ball & Tweedy Assçciation______. 1213 Richgrove-Jasmine Citrus Associa­ Yorba Linda Citrus Association, Canoga Citrus Association______. 0514 tion ______1. 4470 T h e ______. 0230 N. Whittier Heights Citrus Associa­ Sandilands Fruit Co______1.0530 Alta Loma Heights Citrus Associa­ t io n ______■ .0981 Strathmore Coop. Association______1. 6804 tion ______. 3640 San Fernando Fruit Growers Asso­ Strathmore District Orange Associ­ Citrus Fruit Growers______. 9609 ciation ______.2500 ation ______1. 6281 Cucamonga Citrus Association..____ . 5913 San Fernando Heights Orange Asso­ Strathmore Fruit Growers Associa­ Etiwanda Citrus Fruit Association. . 2122 ciation ______.2703 tion ______1.1917 Mountain View Fruit Association__ . 1373 Sierra Madra Lamanda Citrus Asso­ Strathmore Packing House Co_____ 1.3740 Old Baldy Citrus Association______. 3990 ciation ______. 1962 Sunflower Packing Corp______1.9865 Rialto Heights Orange Growers_____ . 4547 Camarillo Citrus Association______. . 0083 Sunland Packing House______2. 6369 Upland Citrus Association______. 2. 4572 Fillmore Citrus Association______1. 0713 Terra Bella Citrus Association_____. 1. 3163 Upland Heights Orange Associa­ Ojai Orange Association______. 8550 Tule River Citrus Association______1.1360 tion ______1.1083 Piru Citrus Association______1.0223 Jensen, M. N ______2. 2347 Consolidated Orange Growers______. 0266 Santa Paula Orange Association____ . 0967 Kroells Brothers, Ltd______1.3566 Garden Grove Citrus Association___ . 0183 Tapo Citrus Association______.0094 Lindsay Mutual Groves______1. 7922 Goldenwest Citrus Association, The. . 0779 East Whittier Citrus Association___ . 0142 Martin, J. D ____ . ______1.0972 Olive Heights Citrus Association___ . 0389 El Ranchito Citrus Association_____ . 0368 Stivers Packing Co______!___ . .7520 Santa Ana-Tustin Mutual Citrus Rivera Citrus Association____ 1____ .0499 Woodlake Packing House______1. 6688 Association______. 0244 Whittier Citrus Association______. 1801 R. M. C. Porterville______1.9331 Santiago Orange Growers Associa­ Whittier Select Citrus Association__ .0511 Abbate Company, The Chas______. 8989 tion ______;______. 1409 Anaheim Coop. Orange Association. . 0479 Anderson Packing Co., R. M ______. 7180 Tustin Hills Citrus Association____ . 0284 Bryn Mawr Mutual Orange Associa­ Baker Brothers______... ______. 1C08 Villa Park Orchards Association, tion ______.4888 California Citrus Grs., Inc., Ltd____ 1. 7858 Inc., T h e.______.0331 Chula Vista Mutual Lemon Asso­ Chess Company, Meyer W ______. 2762 Bradford Brothers, Inc______. 2158 ciation ______; . 1251 Edison Groves Co______.0030 Placentia Mutual Orange Associa­ Escondido Coop. Citrus Association. . 0863 Edison Orange Growers Association. . 00C0 tion ______.1593 Euclid Avenue Orange Association. 2. 0486 Evans Brothers Packing Co______1.4422 Placentia Orange Growers Associa­ Foothill Citrus Union, Inc______. 1013 Furr, N. C______. 3353 tion ______.______. 2753 Fullerton Coop. Orange Association. . 0458 Ghianda Ranch______, 0221 Call Ranch______.7164 Garden Grove Orange Coop______. 0332 Harding & Leggett______1. 3921 Corona Citrus Association______. 6921 Glendora Coop. Citrus Association__ . 0885 Lo Bue Bros______.4402 Jameson Co______. 3825 Golden Orange Groves, Inc______. 4325 ' Marks, W. & M ______.4563 Orange Heights Orange Associa­ Highland Mutual Groves, Inc______. 5773 Raymond Bros______. 1354 » tion ______. 8684 Index Mutual Association______. 0034 Reimers, Don H ______.2333 Freak & Son, Allen______. 2827 La Verne Coop. Citrus Association__ 2.3048 Rooke Packing Co., B. G __i______3.2379 Bryn Mawr Fruit Growers Associa­ Olive Hillside Groves, Inc______. 0270. Snyder & Sons Co., W. A ______. 8127 tion ______1 1.0997 Orange Coop. Citrus Association___ . 0526 Toy, Chin...------.0679 Crafton Orange Growers Associa­ Redlands Foothill Groves______2. 0281 Webb Packing Co., Inc______c__ g .8970 tion ------1.4518 Redlands Mutual Orange Associa­ Western States Fruit & Produce Co_ . 2371 East Highlands Citrus Association-. .4287 tio n ______1.0399 Wollenman Packing Co______.7718 Fontana Citrus Association__ :_____ - . 4635 Riverside Citrus Association______, 4702 Woodlake Heights Packing Corp___ . 8648 Highland Fruit Growers Associa­ Ventura County O. & L. Association. . 1804 Zaninovich Brothers, Inc______. 6637 tio n ______.6837 Whittier Mutual O. & L. Associa­ Krinard Packing Co______1. 6592 tion ______.0558 Prorate District No. 2 Mission Citrus Association______. 6970 Babijuice Corp. of Calif______. 2938 T o tal------100. 0000 Redlands Coop. Fruit Association.. 1.7320 Banks Fruit Co______. 2863 Redlands Heights Groves______. 7598 California Fruit Distributors______. 1218 A. F. G. Alta Loma______, 3272 Redlands Orangedale Association__ . 8124 Cherokee Citrus Co., Inc______1. 5003 A. F. G. Fullerton______. 0486 Redlands Orange Growers Associa­ Chess Co., Meyer W ______. 2787 A. F. G. Orange.------. 0346 tion ------1.1247 El Modena Citrus, Inc______.0847 A. F. G. Redlands______. 3613 Redlands Select Groves____ l______. 5871 Evans Brothers Packing Co___I ____ . 7530 A. F. G. Riverside______. 8887 - Rialto Citrus Association______. 5579 Gold Banner Association______1.8631 Corona Plantation Co______. 9514 R i^to Orange^Co______.3144 Granada Packing House______1. 0349 Hazeltine Packing Co______. 0902 Southern Citrua Association______.9228 Hill, Fred A ______6594 Signal Fruit Association______. 7516 United Citrus Growers______,_____ . 7597 Inland Fruit Dealers, Inc______. 2762 Azusa Citrus Association______. 9746 Zilen Citrus Co______1. 0644 Orange Belt Fruit Distributors_____ 2.1062 Azusa Orange Cot, Inc______. 1157 Arlington Heights Fruit Co.______. 4648 Panno Fruit Co., Carlo______. 1923 Damerel-Allison Co______1.0381 Brown Estate, L. V. W ______1. 7353 Paramount Citrus Association_____ . 2319 Glendora Mutual Orange Associa­ Elephant Orchards______. 0351 Placentia Pioneer Valley Growers tion ___ .5414 Gavilan Citrus Association______1, 6037 Association______. 0650 Irwindale Citrus Association______. 4017 Hemet Mutual Groves______. 2889 Riverside Growers, Inc______. 6375 Puente Mutual Citrus Association__ . 0549 Highgrove Fruit Association______. 7833 San Antonio Orchards Association. 1.2917 Valencia Heights Orchards Associa­ McDermont Fruit Co______1. 6482 Snyder & Sons Co., W. A______8498 tion ------• ,2408 Mentone Heights Association______. 8426 Torn Ranch______.0413 Covina Citrus Association______1.4797 Monte Vista Citrus Association.... 1.0776 Covina Orange Growers Association. . 6886 National Orange Co______.8461 Verity & Sons Co., R. H ______. 1016 Duarte-Monrovia Fruit Exchange__ . 4125 Riverside Heights Orange Grs. Asso­ Wall, E. T ______— 1.5056 Glendora Citrus Association______.7743 ciation ______:______1.3308 Western^ Fruit Growers, Inc., Red­ Glendora Heights O. & L. Growers Sierra Vista Packing Association.. . 6787 lands ______2.8733 Association ______.1811 Victoria Ave. Citrus Association___ 2.3195 Yorba Orange Growers Association. . 0287 64 RULES AND REGULATIONS

P rorate B ase Sch ed u le— Continued Issued this 31st day of December 1946. issue for Thursday, December 12, 1946, the following changes are made: ALL ORANGES OTHER THAN VALENCIA ORANGES— [ seal] C lin t o n C. A nderson, continued Secretary of Agriculture. 1. Paragraph (c) of § 97.11 should Prorate District No. 3 [F ._R , DOC. 47-96; Filed, Jan. 8, 1947; read: Prorate 8:55 a .’m.f (c) A statement of the action the Ad­ base Handler percent ministrator requests of the Board, or Total...... 100.0000 which the Board proposes to take on its 7 TITLE 9— ANIMALS AND own initiative. Allen-Young Citrus Packing Co___ 1.1240 ANIMAL PRODUCTS Z. Section 97.20, ¡appearing in the Consolidated Citrus Growers______5.3292 Leppla-Pratt Produce Distrs., Inc_ 5.4135 Chapter III— Bureau of Dairy Industry third column on page 14259, should be McKellips Mutual Citrus Grs., Inc. 14.1969 “§ 97.29”. McKellips Phoenix Citrus Co., C. H_ 2.8530 P art 301— Sanitary I nspection of P roc­ Phoenix Citrus Packing Co______2.4146 ess or R enovated B utter Arizona Citrus Growers.______24. 0473 TITLE 16— COMMERCIAL Correction Bumstead, D a le ..______. 0000 PRACTICES Desert Citrus Growers.___» ______3.2156 In Federal Register Document 46- Mesa Citrus Growers___;______17.3646 21920, appearing at page 14674 of the Yuma Mesa Fruit Growers Associa­ Chapter I— Federal Trade Commission tion ______. . . . 0000 issue for Friday, December 27, 1946, the Arizona Citrus Products______2. 6228 eighteenth line of paragraph (e) of [Docket No. 5225] Libbey Fruit Packing Co______6.4425 § 301.5 should read: “Melted by the orig­ P art 3— D igest of Cease and D esist Pioneer Fruit Co______5. 2008 inal faimer producer”. O rders Tempe Citrus Co______2.3788 " ...... Arthur & Son, J. B______. 4947 WILLIAM A. HERMAN Champion Produce House, L. M ------. 0966 j T Commercial Citrus Packing Co____ .9720 TITLE 10— ARMY: WAR § 3.55 Furnishing means and instru­ Dhuyvetter Bros______. 1300 DEPARTMENT mentalities of misrepresentation or de­ Ishikawa, Paul______. 1907 ception: § 3.69 (a) Misrepresenting one­ Macchiaroli Fruit Co., James______. 0000 Chapter VI— Organized Reserves self and goods— Business status, advan­ Morris Brothers Fruit Co______. 0000 tages or connections— Nature, in general: Orange Belt Fruit Distributors_____ . 1460 P art 602— R eserve O fficers T raining § 3.72 (n 10) Offering deceptive induce­ Potato House, The______. 5890 Corps Sharp, Co., K. K ______.'T -i...... 2173 ments to purchase or deal— Terms and" Sun Valley Packing Co______1.6287 institutions and u n its conditions: § 3.96 (b) Using misleading Valley Citrus Packing Co______2.9314 name— Vendor— Nature, in general. In In § 602.121 Institutions and units (11 connection with the solicitation or ob­ [F. R. Doc. 47-151; Filed, Jan. 3, 1947; F. R. 9011, 9791,11985,13297) the follow­ 11:34 a. m.] taining of information in commerce, (1) ing Class MS ROTC schools are converted representing through \ the use of the to and redesignated Class M I ROTC trade name “National Estates Research,” schools as follows: or any other trade name of similar- im­ Chapter XXI— Organization, Func­ port or meaning, that persons concern­ tions and Procedure Class Units ing whom information is sought have, or Subchapter C— Production and Marketing may have, an interest in some estate, un- ■ Administration Third, A rm y area claimed asset, or other property, when the information sought is for use in con­ P art 2369— S pe c ia l C o m m o d itie s B ranch * nection with investigations not'connect­ Columbia Military Academy, Colum- MISCELLANEOUS AMENDMENTS MI J ed with any interest in an estate, un­ Effective upon publication hereof, Part * * * * * claimed asset, or other property; (2) using, or placing in the hands of others 2369 of Title 7 published September 11, Fifth A rm y area 1946 (11P. R. 177A-277 to 279, inclusive), for use, form letters or other printed ma­ * * * . * is hereby amended: terial so worded and designed as to repre­ Morgan Park Military Academy, Chi- sent or imply that it has been forwarded 1. By striking § 230911 (b) (6) and MI J by some agency engaged in the adminis­ substituting in lieu thereof the follow­ ♦ * * * * tration of estates or engaged in locating ing: * Missouri Military Academy, Mexico, missing heirs or persons having an in­ § 2309.1 Central Office * * * M o ...... - MI J terest in some estate, property, or un­ (b) The Director. * * * claimed asset, or that the information (6) Take all action necessary or ap­ [G. O. 146, 5 Dec. 1946] sought to be obtained by such form let­ propriate in the Administration of the (39 Stat. 191, 192; 41 Stat. 776-778; 10 ters and other printed material is for Naval Stores Act (7 U. S. C. 94), subject U. S. C. 381, 382, 389, 441) use in locating such missing heirs or to limitations contained in said act and other interested parties, when the infor­ [ seal] Edward F. W itsell, in rules and regulations promulgated mation sought is for use in connection Major General, with respect thereto, and prescribe fees with investigations not connected with The Adjutant General. for the inspection under the Agricultural any interest in an estate, unclaimed as­ Marketing Act of 1946 (Public Law 733, [F. R. Doc. 47-53; Filed, Jan. 3, 1947;.8:50 set, or other property; (3) representing 79th Congress) of naval stores not within a. m.] * in any manner, either directly or by im­ the Naval Stores Act. plication, that persons concerning whom information is sought have or may have 2. By adding after § 2309.14 the fol­ TITLE 14— CIVIL AVIATION an interest in some estate, unclaimed as­ lowing new section: set, or other property, when the infor­ Chapter I— Civil Aeronautics Board § 2369.15 Inspection of naval stores mation sought is for use in connection' under Agricultural Marketing Act of [Civil Air Regs., Arndt. 97-0] with investigation of claims made against 1946. Under the Agricultural Marketing casualty or liability insurance compa­ P art 97-—R ules of P ractice G overning Act of 1946 (Public Law 733, 79th Con­ nies or other insurers or in connection S afety C ases A rising U nder S ections gress) the Naval Stores Division inspects with investigations of & similar nature; 602 AND 609 OF THE CIVIL AERONAUTICS and certifies the class, quality, quantity or, (4) representing directly or by impli­ and condition of naval stores not within A ct of 1938, as A mended, and P eti­ cation that respondent is engaged in gen­ the Naval Stores Act, at the request of tions for W aivers of Civil A ir R egu­ ealogical research; prohibited. (Sec. 5, interested persons and upon payment of lations 38 Stat. 719, as amended by sec. 3,52 Stat. fees prescribed for such service. Correction 112; 15 U. S. C., sec. 45b) [Cease and de­ (R. S. 161, 5 U. S. C. 22; Pub. L. 404, 79th In Federal Register Document 46- sist order William A. Herman, Docket Congress, 60 Stat. 238) 21433, appearing at page 14257 of the 5225, December 5, 1946] Saturday, January 4, 1947 FEDERAL REGISTER 65

At a regular session of the Federal form in which he has complied with this TITLE 22— FOREIGN RELATIONS Trade Commission, held at its office in ^order. Chapter I— Department of State the City of Washington, D. C., on the By the Commission. 5th day of December A. D. 1946. Subchapter A— The Department and the Foreign [ se al] O t is B. J o h n s o n , This proceeding having been heard by Service Secretary. the Federal Trade Commission on the [Dept. Reg. 108.37] complaint of the Commission, answer of [F. R. Doc. 47-55; Filed, Jan. 3, 1947; the respondent, testimony and other 8:48 a. m.] P art 1—O rganization evidence in support of and in opposition ASSISTANT SECRETARY (FOR ADMINISTRATION) to the allegations of said complaint taken Corrected Reprint before a trial examiner of the Commis­ TITLE 17— COMMODITY AND sion theretofore duly designated by it, re­ SECURITIES EXCHANGES Under authority contained in R. S. 161 port of the trial examiner upon the evi­ (5 U. S. C. 22) and pursuant to section 3 dence and exceptions filed thereto, and Chapter II—- Securities and Exchange of the Administrative Procedure Act of briefs filed in support of the complaint Commission . 1946 (60 Stat. 237), Title 22 of the C ode* and in opposition thereto; and the Com­ of Federal Regulations is hereby amend­ mission having made its findings as to the P art 240— G eneral R u l e s and R e g u la ­ ed as follows: facts and its conclusion that the respond­ t io n s , S e cur ities E xch ange A ct of Section 1.2 (g) (6), as amended Jiy 1934 ent has violated the provision of the Fed­ Departmental Regulation 108.31 of No­ eral Trade Commission Act: EXEMPTION OF CERTAIN SECURITIES vember 5,1946 (11F. R. 13438), is amend­ It is ordered, That the respondent, W il­ The Securities ,and Exchange Com­ ed to read: liam A. Herman, an individual, trading mission deems it necessary for the exer­ § 1.2 Basic organization of the Depart­ under the name National Estates Re­ cise of the functions vested in it and ment in Washington. * * * search or trading under any other name necessary and appropriate in the public (g) Offices of the Department. * * * or names, and Iris' representatives, interest and for the protection of in­ (6) Under the Assistant Secretary (for agents, and employees, directly or vestors to amend § 240.11dl-l (Rule Administration). through any corporate or other device in X*£1D1-1) under the Securities Ex­ Office of Departmental Administration, connection with the solicitation or ob­ change Act of 1934 by adding to the comprising: taining of information in commerce as rule the new paragraph (d) set forth Director, Deputy Director, and Executive “commerce” is defined in the Federal below. The amendment operates to Officer; . Trade Commission Act, do forthwith grant an exemption, and the Commission Division of Management Planning; cease and desist from: finds that notice and public procedure Division of Departmental Personnel; 1. Representing through the use of .pursuant to section 4 (a) and (b) of the Division of Central Services; the trade name “National Estates Re­ Administrative Procedure Act are un­ Division of Coordination and Review; search,” or any other trade name of Division of Communications and Records. necessary and that the amendment may Division of Cryptography; similar import or meaning, that persons be declared effective immediately pur­ concerning whom information is sought Central Translating Division; • suant to section 4 (c) of that act. There­ Presentation Division; have, or may have, an interest in some fore, it is ordered, Pursuant to the au­ Division of Protocol; estate, unclaimed asset, or other prop­ thority conferred upon the Commission Division of International Conferences. erty, when the information sought is for by the Securities Exchange Act of 1934, Director General of the Foreign Serv­ use in connection with investigations not particularly sections 3 (a) (12), 11 (d) ice: connected with any interest in an estate, (1) and 23 (a) thereof, that § 240.11dl-l Deputy Director General of the Foreign unclaimed a'sset, or other property. [Rule X-11D1-1] be amended by substi­ Service (The Deputy Director General of the 2. Using, or placing in the hands of tuting a semi-colon and the word “or” Foreign Service is the Director, Office of the others for use, form letters or other for the period at the end of paragraph Foreign Service). printed material so worded and designed (c) and adding the following paragraph ( d ) : Office of the Foreign Service, com­ as to represent or imply that it has been prising: forwarded by some agency engaged in § 240.lid 1-1 Exemption of certain se­ Director, Deputy Director, and Executive the administration of estates or engaged curities from section 11 (.d) (1). * * * Officer; in locating missing heirs or persons hav­ (d) The security is acquired by the cus­ Corps of Foreign Service Inspectors; ing an interest in some estate, property, tomer through the exercise of a right Division of Foreign Service Planning; or unclaimed asset, or that the informa­ evidenced by a warrant or certificate ex­ Division of Foreign Service Administration; piring within 90 days after issuance, pro­ Division of Foreign Service Personnel; tion sought to be obtained by such form vided such right was originally issued to Division' of Training Services; letters and other printed material is for Division of Foreign Reporting Services; the customer as a stockholder of the cor­ Division of Foreign Buildings Operations. use in locating such missing heirs or poration issuing the security upon which other interested parties, when the in­ credit is to be extended, or as a stock­ Office of Budget and Finance, com­ formation sought is for use in connection holder of a company distributing such prising : with investigations no^ connected with security in order to effectuate the pro­ Director, Deputy Director, and Executive any interest in an estate, unclaimed as­ visions of section 11 of the Public Utility Officer; set, or other property. Holding Company Act of 1935. The Division of Budget; 3. Representing in any manner, either right shall be deemed to be issued to the Division of Finance; t UNRRA Division. directly or by implication, that persons customer as a stockholder if he actually concerning whom information is sought owned the stock giving rise to the right Office of Controls, comprising: have or may have an interest in some when' such right accrued, even though Director, Deputy Director, and Executive estate, unclaimed asset, or other prop­ such stock was not registered in his Officer; Passport Division; erty, when the information sought is name; and in determining such fact the broker and dealer may rely upon a signed Visa Division; for use in connection with investigation statement of the customer which the Special Projects Division; of claims made against casualty or lia­ Division of Foreign, Activity Correlation; broker and dealer accepts in good faith. bility insurance companies or other in­ Division of Investigations; (Secs. 3 (a) (12), 11 (d) (1) and 23 (a) Munitions Division. surers or in connection with investiga­ 48 Stat. 882, 891, 901; 15 U. S. C. 78c, This regulation will be effective on tions of a similar nature. 78k, 78w) 4. Representing directly or by impli­ the date of its publication in the F ed­ cation that respondent is engaged in Effective: December 30, 1946. eral R egister. genealogical research. By the Commission. (R. S. 101; 5 U. S. C. 22) It is further ordered, That the re­ [ se al] O rval L. D u B o is, Approved: December 30, 1946. spondent shall, within sixty (60) days Secretary. [ s e a l] J am es F. B y r n e s , after service upon him of this order, file D ecember 27,1946. Secretary of State. with the Commission a report in writing, [F. R. Doc. 47-76; Filed. Jan. 3, 1947; [F. R. Doc. 46-22074; Filed, Dec. 30, 1916; setting forth in detail the manner and 8:47 a. m.] rll:57 a. m.] 66 RULES AND REGULATIONS

TITLE 32— NATIONAL DEFENSE On or about September 20,1946, he began Santo Nastasi, their successors or as­ construction in altering and erecting an signs, nor any other person shall do any Chapter IX— Office of Temporary Con­ addition to his restaurant and taproom further construction on the structure at trols, Civilian Production Adminis­ at the above address, at an estimated cost 1403 East Congress Street, Detroit, Mich­ tration of $8,000, without authorization from the igan, including putting up, completing or Civilian Production Administration. The altering the structure, unless hereafter A u t h o r it y : Regulations in this chapter beginning and carrying on of this con­ unless otherwise noted at the end of docu­ authorized in writing by the Civilian ments affected, issued under sec. 2 (a ), 54 struction, subsequent to March 26, 1946, . Production Administration. Stat. 676, as amended by 55 Stat. 236, 56 Stat. at an estimated cost in excess of $1,000, (b) Louis Miller and Santo Nastasi 177, 58 Stat. 827, and Public Laws 270 and constituted a wilful violation of Veterans’ shall refer to this order in any applica- 475, 79th Congress; Public Law 388, 79th Housing Program Order No. 1. This vio­ ntion or appeal which they may file with Congress; E. O. 9024, 7 P. R. 329; E. O. 9040, lation has diverted critical materials to the Civilian Production Administration 7 P. R. 527; E. O. 9125, 7 F. R. 2719; E. O. 9599, uses not authorized by the Civilian Pro­ or the Federal Housing Administration * 10 F. R. 10155; E. O. 9638, 10 F. R. 12591; duction Administration. In view of the for priorities assistance or for authori­ C. P. A. Reg. 1, Nov. 5, 1945, 10 F. R. 13714; foregoing, it is hereby ordered that: Housing Expediter’s Priorities Order 1, Aug. zation to carry on construction. 27, 1946, 11 F. R. 9507; E. O. 9809, Dec. 12, § 1010.1063 Suspension Order No. (c) Nothing contained in this order 1946, 11 F. R. 14281; OTC Reg. 1, 11 F. R. S-1063. (a) Neither James Cusano, his shall be deemed to relieve Louis Miller 14311. successors or assigns, nor any other per­ and Santo Nastasi, their successors or son shall do any further construction on assigns, from any restriction, prohibi­ P art 903— O rganization and D elegations tion or provision contained in any other o f A u t h o r it y the premises located at 8107 Tinnicum Avenue, Philadelphia, , in­ order or regulation of the Civilian Pro­ [Directive 27, Revocation] cluding completing^ putting up or alter­ duction Administration, except insofar ing of any structure located thereon, un­ as the same may be inconsistent with the PRIORITIES ACTION BY OFFICE OF INTERNA­ provisions hereof. TIONAL TRADE OPERATIONS, DEPARTMENT less hereafter specifically authorized in OF*COMMERCE writing by the Civilian Production Ad­ Issued this 3d day of January 1947. ministration, or any other duly author­ Section 903.139, Directive 27 is revoked. ized Governmental agency. C iv il ia n P r o d u c tio n Issued this 3d day of January 1947. (b) James Cusano shall refer to this A dministration , order in any application or appeal which By J. J o se ph W h e l a n , L . P . F o ster , he may file with the Civilian Production Recording Secretary. Director, Bureau of Priorities. Administration, or any other duly au­ [F. R. Doc. 47-158; Filed, Jan. 3, 1947; [F. R. Doc. 47-156; Filed, Jan. 8, 1947; thorized Governmental agency, for au­ 11:26 a. m.] 11:26 a. m.] thorization to carry on construction. (c) Nothing contained in this order shall be deemed to relieve James Cusano, his successors or assigns, from any re­ P art 1010— S u s p e n s io n O rders striction, prohibition, or provision con­ Chapter XIX— Reconstruction Finance tained in any other order or regulation, Corporation [Suspension Order S-1051, Revocation] except insofar as the same may be in­ TOM STILL TRANSFER CO., INC., ET AL. consistent with the provisions hereof. E x p ir a t io n of C e r tain R e g u la t io n s Suspension Order No. S-1051, effective - Issued this 3d day of January 1947. Pursuant to the provisions of § 2.21 December 26,1946, was issued against the (b) of the F ederal R egister regulations, C iv il ia n P r o d uctio n Tom Still Transfer Company, Inc., Boone Reconstruction Finance Corporation A dministration , Street, Kingsport, Tennessee, and Gar­ hereby gives notice of the expiration of B y J. Jo se ph W h e l a n , the following regulations: land Cassel and William Cassel, doing Recording Secretary. business as Cassel Brothers, 206 West Part 7001— Petroleum Compensatory Sullivan Street, Kingsport, Tennessee, [F. R. Doc. 47-157; Filed, Jan. 3, 1947; Adjustments: Expired October 31, 1945. for violation of Veterans' Housing Pro­ 11:26 a. m.] Part 7002— Butter Production Pay­ gram Order No. 1. It appears that this ments: Expired October 31, 1945. order was issued in error as the respond- Part 7003— Livestock Slaughter Pay­ ent»had received authorization to com­ ments: Expired June 30, 1946. plete the construction in question. The P art 1010— S u s p e n s io n O rders Part 7004— Flour Production Pay­ Chief Compliance Commissioner has ments: Expired February 28, 1946. [Suspension Order S-1065] therefore directed that Suspension Order Part 7005— Mid-Continent Crude Com­ No. S-1051 be revoked. In view of the LOUIS MILLER AND SANTO NASTASI pensatory Adjustments: Expired Sep­ foregoing, Louis Miller, of 1375 E. Lafayette Ave­ tember 30, 1946. It is hereby ordered, That: § 1010.1051, nue, Detroit, Michigan, and Santo Nas- Part 7009— Flour Production Pay­ Suspension Order No. S-1051, be revoked. tasi, of 2189 Canton Avenue, Detroit, ments: Expired June 30, 1946. Michigan, on or about September 11, Part 7010— Livestock Slaughter Pay­ Issued this 2d day of January 1947. 1946, began and thereafter carried on, ments: Expired October 14, 1946. C iv il ia n P ro ductio n without authorization of the Civilian The expiration of the above regula­ A dministration , Production Administration, construction tions as of the dates listed are without By J. J o se ph W h e l a n , of a structure to be used as a grease rack prejudice to any rights or liabilities in Recording Secretary. in connection with a gas station, at 1403 connection with matters covered by said [F. R. Doc. 47-155; Filed, Jan. 3, 1947; East Congress Street, Detroit, Michigan, regulations which occurred prior to said 11:26 a. m.] the estimated cost of which was in ex­ expiration dates. cess of $1,000. The beginning and car­ rying on of thiq construction without au­ R econstruction F in a n c e thorization constituted a violation of C o r p o r a t io n . Veterans’ Housing Program Order No. 1. S t u a r t K . B a r n e s, P art 1010— S u s p e n s io n O rders This violation has diverted critical ma­ Executive Director, [Suspension Order S-1063] terials to uses not authorized by the Ci­ Office of Defense Supplies. vilian Production Administration. In G eorge S t o n e r , JAMES CUSANO view of the foregoing, it is hereby or­ Associate Director, James Cusano owns and operates a dered that: Office of Defense Supplies. restaurant and taproom at 8107 Tinni- § 1010.1065 Suspension Order No. [F. R. Doc. 47-85; Filed, Jan. 3, 1947; cum Avenue, Philadelphia, Pennsylvania. S-1065. (a) Neither Louis Miller nor 8:59 a. m.} Saturday, January 4, 1947 FEDERAL REGISTER 67

[Reg. 7,1 Arndt. 6] This Amendment No. 6 shall be effec­ document the Division’s jurisdiction, the tive as of December 1, 1946. Secretary by Order No. 1040 of February P art 7007— S tripper W e ll C ompensatory 13,1936, vested the Division with respon­ A d ju st m e n ts Issued this 31st day of December 1946. sibility for government in Alaska, Hawaii, R econstruction F in a n c e miscellaneous am e nd m e n ts Puerto Rico and the Virgin Islands, as C o r p o r a t io n , well as with the administration of a num­ 1. Section 7007.1 Definitions, as By G eorge S t o n e r , ber of activities and enterprises in those amended, is hereby further amended by Associate Director, areas. The order also provided that all changing paragraph (j) to read as fol­ Office of Defense Supplies. administrative action within the Depart­ lows: ment pertaining to matters of territorial [P. R. Doc. 47-84; Piled, Jan. 3, 1947; § 7007.1 Definitions. * * * 8:47 a. m.] policy would be subject to approval by the (j) “Premium rate” means, with re­ Division. spect to crude produced from a desig­ Subsequently, additional functions over the Virgin Islands were delegated nated area, the excess of the amount TITLE 48— TERRITORIES AND appearing opposite such designated area to the Secretary under the Organic Act listed in Schedule A over the larger of INSULAR POSSESSIONS of the Virgin Islands (49 Stat. 1807, 48 the following: U. S. C. sec. 1405 et seq.). Baker, How­ land and Jarvis Islands were placed un­ (1) Thirty-five (35) cents; or Chapter I— Division of Territories and (2) The amount by which the appli­ Island Possessions, Department of der the control and jurisdiction of the Secretary by Executive Order No. 7368 cant’s highest posted purchase price, in the Interior effect on or after December 1, 1946, for of May 13,1936, and Executive Order No. crude produced from such designated [Order 2287] 7828, of March 3, 1938, placed Canton and Enderbury Islands under the De­ area exceeds the basic maximum price B art 1—O rganization and P rocedure therefor. partment’s supervision. Sections 1.1 to 1.5 of Part 1 of Chapter 2. Section 7007.5 Amount of claims, § 1.2 Functions. The Division’s ob­ I are revoked, and the following new jective is to encourage each territorial as amended, is hereby further amended sections are substituted therefoF^to read area to develop its resources economi­ by changing paragraphs (a) and (c) to as follows: v cally and politically to the end that Fed­ read as follows: Sec. eral political guidance and financial as­ § 7007.5 Amount of claims, (a) A 1.1 Creation. sistance may be gradually withdrawn claim with respect to the purchase of 1.2 Functions. and the territorial areas be enabled in­ 1.3 General description. creasingly to govern themselves and to crude produced from any designated 1.10 Office of the Director and the Assistant area shall be in an amount equal to the Director. provide their own revenues. In carry­ number of barrels of such crude pur­ 1.11 Legal Branch. ing out this objective, the Division acts as an intermediary between the terri­ chased and paid for multiplied by the 1.12 .Alaska Branch. 1.13 Caribbean Branch. torial areas and the Federal Government excess, if any, by which the amount per 1.14 Pacific Branch. and the general public; it scrutinizes the barrel paid for such crude exceeds the 1.15 Administrative branch. fields ,of FederaL- activity within those larger of the following: 1.20 The Alaska Railroad. areas and suggests ways in which over­ (1) The basic maximum price therefor 1.21 Puerto Rico Reconstruction Adminis­ lapping programs may be coordinated; plus thirty-five (5&) cents, or tration. 1.22 The Virgin Islands Company. it advises the Secretary on all aspects of (2) The applicant’s highest posted 1.23 Alaska Road Commission. territorial problems and policies; it re­ purchase price, in effect on or after De­ 1.24 Alaska Rural Rehabilitation Corpora­ views legislation affecting the territorial cember 1, 1946, for such crude; tion. areas; serves as an information clearing­ 1.25 Alaska Purchasing and Shipping Office. house; encourages industrial develop­ Provided, however, That such claim shall 1.26 Alaska insane. ment; assists the territorial areas in in no event be greater than an amount 1.40 Inquiries and requests in general. working out plans and policies for a 1.50 Location of offices. equal to the number of barrels of such stable economy and a political status crude purchased and paid for, multiplied A u t h o r it y : §§ 1.1 to 1.50, inclusive, issued satisfactory to its inhabitants; collabo­ by the applicant’s premium rate for such under Pub. Law 404, 79th Cong.; 60 Stat. 237. rates with the Department of Justice in crude. Crude for which an applicant is § 1.1 Creation. The Division of Terri­ representing the Government of Puerto prohibited from paying the purchase tories and Island Possessions was created Rico in litigation on appeal to Federal price in whole or in part because of in­ by Executive Order No. 6726 of May 29, courts; and represents the people of the ability on the part of applicant to de­ 1934, which simultaneously transferred territories and insular possessions in pro- termine the legal owner or owners, or by to it the functions of the W ar Depart­ ceediags before various Federal admin­ reason of other legal prohibitions, shall ment’s Bureau of Insular Affairs pertain­ istrative agencies. In addition, the Di­ vision supervises a number of enterprises be deemed to have been paid for when ing to civil government in Puerto Rico. or activities in the territorial areas, in­ there has been recorded in applicant’s The Department of the Interior already had jurisdiction over Alaska and Hawaii cluding The Alaska Railroad, the Puerto books a suspense or other account reflect­ Rico Reconstruction Administration, The ing a liability on the part of applicant by virtue of the Act of March 1, 1873 (17 Stat. 484, 5 U. S. C. sec. 486) which au­ Virgin Islands Company, the Alaska for such purchase price which applicant thorized the Secretary to exercise “all Road Commission, tlffe Alaska Rural Re­ will ultimately pay to the party or parties the powers and perform all the duties in habilitation Corporation, and the Alaska legally entitled thereto. relation to the_ territories of the United Purchasing and Shipping Office, and is * * * Hi * States that are now by law or by custom responsible for the care and maintenance of the Alaska insane. (c) Claims with respect to crude pro­ exercised and performed by the Secre­ duced in any designated area may in­ tary of State,” and under which the De­ § 1.3 General description. The organ­ clude only quantities run from receiving partment has also been largely responsi­ ization of the Division of Territories and tanks on or after the effective date of ble for the government of those areas of Island Possessions consists of the Office our western domain which were once ter­ of the Director and Assistant Director, the inclusion of such designated area in ritories and have later become States. the Legal Branch, the Alaska Branch, the the attached Schedule A: Provided, how­ Administration of the Virgin Islands was Caribbean Branch, the Pacific Branch ever, That no claim may be filed with re­ transferred from the Navy Department and the Administrative Branch, all lo­ spect to crude run from receiving tanks to the Department of Interior by Execu­ cated in Washington. In addition, offices or purchased on or after December 1, tive Order No. 5566 of May 27, 1931. In of the Division which handle the Puerto 1946, except Pennsylvania tirade Crude. order to concentrate the Department’s Rico Reconstruction Administration and responsibility for civil government in the The Virgin Islands Company are located 110 F. R. 6773, 9718; 11 F. R. 5124, 9079, territories and possessions in a single di­ in Washington. Outside of Washington 9856, 11012. vision, as well as to formalize in a single the Division is represented by the Offices 68 RULES AND REGULATIONS

of the Governors of the various terri­ and the similarity of their major eco­ appropriated for “Government in the torial areas and of the territorial enter­ nomic problems. The Branch assists the Territories,” and is responsible for the prises or activities under the administra­ local governments in programs designed transfer of funds to field disbursing tion of the Division. The Division is a to give employment and to explore and officers. program staff office of the Office of the develop agricultural and industrial re­ § 1.20v The Alaska Railroad. The Secretary of the Interior. (See 43 CFR sources to the fullest extent; acts as Division supervises the operation of The 01.21 (b ).) liaison between the islands and other Alaska Railroad which operates a rail­ Federal agencies; encourages and assists § 1.10 Office of the Director and the road line, river boats and tourist hotels private enterprise plans; and recom­ Assistant Director. The Office of the in Alaska. Under the direction of the mends policy with respect to the working Director develops, interprets and imple­ Director or the Assistant Director, the ments national policy on territorial af­ out of permanent political status. The Branch is responsible for the coordina­ . Alaska Branch, the Administrative fairs. It establishes standards and de­ Branch and the Legal Branch of the velops integrated programs designed to tion of the functions and policies of Fed­ eral civil agencies in Puerto Rico and the Division in Washington review the re­ accomplish its objectives. The Director ports and other materials submitted by has overall responsibility for and control Virgin Islands. (See Executive Order No. 9383 of October 5,1943 (48 CFR, 1944 the Railroad, prepare and review legis­ over all functions and activities of the lation affecting the Railroad, and per­ Division. The Assistant Director serves Supp., p. 44).) The activities of the Puerto Rico Reconstruction Administra­ form various other administrative and as Acting Director in the absence of the legal services. The General Manager in Director, and is responsible for such tion are under the supervision of the Branch. The Branch also supervises the Anchorage, Alaska, is in direct charge of duties as are assigned to him by the the operation of the Railroad in the Director. operation of The Virgin Islands Com­ pany, which operates certain properties Territory. (See 48 CFR Ch. IV.) § 1.11 Legal Branch. The legal work of the United States in St. Croix, and the § 1.21 Puerto Rico Reconstruction of the Division is handled by the Legal maintenance of Bluebeard’s Castle Hotel Administration. The Director of the Branch under the direction of a Chief in St. Thomas, owned by the Federal Divison serves as Administrator of the Counsel. The work of the Legal Branch Goveriynent and now leased to a private Puerto Rico Reconstruction Administra­ includes the drafting and review of leg­ operator. tion, which operates various housing, co­ islation affecting the territorial areas, operative and related projects in Puerto litigation, conferences and correspond­ § 1.14 Pacific Branch. The Pacific Rico for the primary purpose of rehabil­ ence with general counsels of other Fed­ Branch has the responsibility for carry­ itating the agricultural economy of the eral bureaus and agencies, preparation ing out national policy with respect to Islands. The Director is in direct charge of opinions and memoranda, appear­ Hawaii and the Pacific islands under In­ of the handling of all affairs of the Ad­ ances before administrative boards, and terior’s jurisdiction (Howland, Baker ministration in Washington. The activ­ performance of miscellaneous legal serv­ and Jarvis Islands, as well as Canton and ities of the Administration in Puerto ices for the various Federal agencies or Enderbury which are both under the Rico are administered by the Assistant corporations operating in the territorial joint administration of the United States Administrator at San Juan, Puerto Rico. areas > under the administration of the and Great Britain). The Branch assists (See 48 CFR Ch. H.) Division. The Chief Counsel collab­ in the work of representing Hawaii’s in­ orates with the Depârtment of Justice terests before the Congress and other § 1.22 The Virgin Islands Company. in representing the Government of government agencies as well as in pre­ Under the supervision of the Director, as Puerto Rico before the Circuit Court paring the Territory for statehood. The Managing Director dt the Company, the of Appeals for the First Circuit and the Branch also recommends programs and Caribbean Branch, the Administrative Supreme Court of the United States in policies for civil administration in the Branch and the Legal Branch of the all matters in which the Government of Equatorial Islands already under the ad­ Division perform various services for The Puerto Rico has an interest, and also ministration of the Department; fur­ Virgin Islands Company, a non-profit represents the people of the territories nishes information concerning all aspects corporation which operates Federal and insular possessions before Federal of the culture and resources of Pacific properties in the Islands for the purpose administrative agencies. islands under Interior’s jurisdiction; and of improving economic conditions there. assists the territorial governments and § 1.12 Alaska Branch. The Alaska The President of the Company maintains private groups in the formulation and Kis office in the Virgin Islands and Branch works closely with all Federal carrying out of programs designed to agencies functioning in Alaska, with ter­ directs the operation of the Federal promote closer cultural, political and properties there. The Vice President of ritorial officials and with all Interior economic ties with the mainland United agencies in Alaska in making plans to States. the Company divides his time between encourage colonization and settlement. the Washington office and the Virgin It assists in the preparation of tffe Ter­ § 1.15 Administrative Branch. The Islands, and together with the branches ritory for statehood, as well as in pro­ Administrative Branch handles the ad­ of the Division concerned is responsible grams for the development of the Ter­ ministrative work of the Division as well for representing the Company in its fis­ ritory’s fishing, mineral, timber and as administrative operations in the ter­ cal, budgetary, legislative and personnel agricultural resources; for the encour­ ritories and possessions, including the affairs in Washington. (See 48 CFR Ch. agement of locally-owned business Government of the Virgin Islands; the nr.) Offices of the Governors of Alaska and enterprises and the broadening of the § 1.23 Alaska Bond Commission. TIte Hawaii; The Alaska Railroad; the Territory’s economic base through new Division of Territories and Island Pos­ Alaska Road Commission; the Alaska sources of income, and for the develop­ sessions has general supervision over the Purchasing and Shipping Office; the ment of sufficient transportation and activities and administrative functions Puerto Rico Reconstruction Administra­ communication facilities at rates low of the Alaska Road Commission pertain­ tion; and The Virgin Islands Company. enough to appeal to prospective busi­ ing to the construction, repair and main­ nessmen and settlers. The Branch This involves the review and consolida­ tenance of roads, landing fields, tram­ tion of budget estimates for these activ­ supervises The Alaska Railroad, the ways, ferries, bridges and trails in Alaska. ities as well as a large volume of per­ Alaska Rural Rehabilitation Corporation A Chief Engineer with offices in Juneau, sonnel work in connection with approxi­ and the Alaska Road Commission, and Alaska, is in immediate charge of the mately 3,600 positions. It maintains is responsible for the care of the Alaska activities of the Commission. Rules and records on the appropriation for the care insane. It also supplies information regulations governing the use of roads, about Alaska on such varied subjects as and maintenance of Alaskan insane trails and other works, including the the cost of living, employment oppor­ patients at Morningside Hospital, Port­ fixing and collecting of tolls are recom­ tunities, methods of acquiring land and land, Oregon, and is accountable for the mended by the Commission for issuance prospecting opportunities. deposit of funds which relatives or guardians of the patients contribute to by the Secretary of the Interior with the § 1.13 Caribbean Branch. Puerto the cost of their care under an adminis­ approval of the President. (Sec. 3, 47 Rico and the Virgin Islands are handled trative order of the Secretary of the In­ Stat. 447; 48 U. S. C. 321 (b ).) by one branch, the Caribbean Branch, terior. It reviews accounts of certifying § 1.24 Alaska Rural Rehabilitation because of their geographical proximity and disbursing officers handling funds Corporation. The Alaska Rural Re- Saturday, January 4, 1947 FEDERAL REGISTER 69

habilitation Corporation was organized Alaska, and ships such supplies from § 1.40 Inquiries and requests in gen­ in 1935, under the laws of the Territory point of origin to destination in Alaska. eral. Information concerning the poli­ of Alaska, as a non-profit corporation to It also acts as agent for the native co­ cies, programs and activities of the Divi­ undertake a program of agricultural operative stores, buying their supplies, sion may be secured by addressing the colonization in Alaska. It was spon­ and selling for their benefit such items as Division of Territories and Island Pos­ sored by the Federal Emergency Relief reindeer meat and hides, furs and ivories. sessions, Department of the Interior, Administration and financed by grants § 1.26 Alaskar- insane. The Division Washington 25, D. C. of funds from that agency which were of Territories and Island Possessions has used in the settlement of an agricultural § 1.50 Location of offices— (a) Wash­ general responsibility for the care and colony in the Matanuska Valley region. ington, D. C. Offices. The offices of the custody of persons legally adjudged in­ Since the expiration of the Federal Director, Assistant Director and Branch sane in Alaska in accordance with the Emergency Relief Administration in 1938, Chiefs of the Division are located in the act of October 14, 1942 (56 Stat. 783; 48 the Department of the Interior has ex­ Department of the Interior, Washington U. S. C., Supp. 46). ercised general supervision of the ac­ 25, D. C. In the exercise of its functions with tivities of the Corporation. The gen­ (b) Other offices. The locations of respect to the care and custody of Alas­ eral supervision exercised by the Depart­ other offices are as follows: kan insane patients, the Division makes ment is maintained by holding in trust Governor of Alaska, Juneau, Alaska. the nine shares of stock which are made recommendations to the Secretary of the Governor of Hawaii, Honolulu, Hawaii. Interior als to the making of contracts out to the current directors and assigned Governor of Puerto Rico, San Juan, Puerto with institutions for the care of such Rico. in blank. The Department is repre­ insane patients. The Division ascer­ Governor of the Virgin Islands, Charlotte sented on the nine-man board by several tains the legal residence of Alaskan in­ Amalie, St. Thomas, Virgin Islands. officials and the Director of the Division sane patients and recommends to the The Alaska Railroad, Anchorage, Alaska. of Territories and Island Possessions Secretary of the Interior the return of Alaska Purchasing and Shipping Office, 510 serves as President of the Corporation. Virginia Street, Seattle, Washington. those who are not legal residents of Puerto Rico Reconstruction Administra­ § 1.25 Alaska Purchasing and Ship- Alaska to their legal residence or to their tion, San Juan, Puerto Rico. ping Office. The Alaska Purchasing and friends. The Division also recommends Alaska Road Commission, Juneau, Alaska. Shipping Office of the Department of the to the Secretary the manner and propor­ The Virgin Islands Company, Christiar.- tions in which an insane patient, or his sted, St. Croix, Virgin Islands. Interior is located in Seattle, Washing­ legal representative, or relatives, must ton, and is under the general supervision J. A. K rug, ' contribute to the payment of the charges Secretary of the Interior. of the Division of Territories and Island for the care or treatment of such insane Possessions. This office purchases sup­ patients and makes investigations to de­ D ecember 27, 1946. plies for The Alaska Railroad and other termine the ability of such persons to [F. R. Doc. 47-54; Filed, Jan. 3, 1947; agencies of the Federal Government in make such payments. 8:50 a. m.]

PROPOSED RULE MAKING

FEDERAL SECURITY AGENCY is either of the white or the yellow va­ 5. When a substantial portion* of the riety. The corn kernel of each variety bran is removed, but only a small por­ Food and Drug Administration consists of (1) the endosperm which is tion of the germ is taken away, the re­ [21 CFR Part 151 starchy, (2) the germ which is rich in sultant corn meal is commonly known fatty oil, and (3) the bran coat which as “bolted white corn meal” or "bolted [Docket No. FDC-44] contains a high percentage of crude yellow corn meal”, according to the va­ Corn M eals and R elated P roducts; D ef­ fiber. There is no essential difference in riety of corn used. (R. 479, 495, 482, in it io n s and S tandards of I dentity the chemical composition of white and 523, 649) yellow corn except for the presence in 6. When most of the bran and germ TENTATIVE ORDER yellow corn of yellow coloring matter. are removed, and the remainder of the Definitions and Standards of Identity The quantity of fat and crude fiber in corn kernel reduced to meal fineness, the for white corn meal, yellow corn meal, products made by grinding white or yel­ resultant food is commonly known as bolted white corn meal, bolted yellow low corn is a measure of the germ and "degerminated white corn meal” or “de­ corn meal, degerminated white corn bran present. (R. 479, 483, 484, 485, 520, germinated yellow corn meal” according meal, degermed white corn meal, de­ 1224) to the variety of corn used, although a germinated yellow corn meal, degermed 2. In preparing corn meals, grits, and more accurate designation is “degermed yellow corn meal, white corn flour, yellow corn flours, the corn is first cleansed to corn meal”. This food sometimes is corn flour, grits, corn grits, hominy grits, remove foreign grains and other extrane­ called “cream meal”, "pearl meal” or yellow grits, yellow corn grits, yellow ous matter. (R. 471, 508, 650) "granulated meal”, but these terms are hominy grits, enriched corn meals, and 3. Corn meals, grits, and com flours applicable only to special types of de­ enriched grits. are prepared by grinding com to a de­ germinated corn meal. (R. 479, 483, Tentative order. It is proposed that, sired degree of fineness, and it is fixe de­ 533, 534, 649) by virtue of the authority vested in the gree of fineness together with the extent 7. Though the three types of meal, Federal Security Administrator by the of the removal of the bran coat and germ viz, com meal, bolted corn meal, and provisions of the Federal Food, Drug, and that provide the prime characteristics of degerminated corn meal, are well recog­ Cosmetic Act (secs. 401, 701; 52 Stat. identity to these several foods. Grits nized in the trade, the names “corn 1046,1055; 21 U. S. C. 341,371) ; and upon are the coarsest ground, corn meals are meal”, "bolted com meal” and "degermi­ the basis of substantial evidence of rec­ the next in fineness, and corn flours are nated corn meal” are often applied inter­ ord at the public hearing held pursuant the most finely ground, (R. 475) changeably on retail packages, deger­ to the notice issued on February 11, 1946 4. When the entire corn kernel is minated products being called “corn (11 F. R. 1600), the following order be ground to the fineness of meal, a food is meal” or "bolted corn meal”, bolted prod­ made: produced which long has been known as ucts being called “corn meal”, or "de­ Findings of fact} 1. The corn used in "corn meal” with the descriptive words germinated corn meal” and “corn meal” making corn meals, grits, and corn flours "white” or "yellow” according to the va­ being called "bolted corn meal” and "de­ germinated corn meal”. The three types riety of corn u^ed. This corn meal differ in cooking and eating qualities and 1 The page references to certain relevant sometimes is called "old fashioned”, portions of the record are for the convenience in their content of certain nutrients. of the reader. However, the findings of fact "stone ground”, "water ground”, but the (R. 466, 472, 478, 479, 481, 532, 1077- are n6t based solely on that portion of the significance of these modifying designa­ 1078, 1224) record to which reference is made but upon tions is not generally understood. (R. 8. In grinding the corn kernel to pro­ consideration of all the evidence of record'. 472, 479, 481-482) duce a corn meal of the whole grain type, 70 PROPOSED RULE MAKING • —" many mills remove from such meal small ing out meal'and flour. Most grits are 260 under sections 20.70 and 20.74.- (R. amounts of coarse material consisting of milled from white corn and the un­ 519, 520, 551, 563, 651, 661) large flakes of bran and pieces of corn, qualified name “grits” means white grits. 17. A simple method for determining particularly the tip of the kernel, which The names “hominy grits’* and “corn the relative size of the particles of corn have not been finely ground. Some mills grits” are synonymous with grits. The meals, bolted corn meals, degerminated separate and grind separately different common name of the corresponding food corn meals, and grits is to separate parts of the corn kernel and then recom­ made from yellow corn is “yellow grits” them by means of sieves with openings of bine the ground materials to make this or “yellow hominy grits” or “yellow corn appropriate size. (R. 594-595, 598-599, type of meal. Excessive removal of the grits”. The removal of bran and germ 652, 661) bran coat or germ will change the food is such that, .an the moisture free basis, 18. Particles of grits are of such size to a different type of corn meal. Mix­ the crude fiber content is less than 1'2 that not less than 95 percent will pass tures containing abnormally high pro­ percent and the fat content is less through a No. 10 standard sieve* and portions of bran or germ or both do not than 2.25 percent. The significant dif­ most of those passing the No. 10 sieve have the characteristics of corn meal. ference between grits and degermed corn will be retained on a No. 25 standard Such mixtures are not desired by con­ meals is the particle size. (R. 459, 474, sieve. Particles passing through the sumers and their sale is likely to result 477, 536, 555, 558, 563; Ex. 27, 28) No. 25 sieve are of the fineness of meal, in consumer deception. (R. 471, 473, 545, 13. Corn flours are the foods prepared but their complete exclusion from grits 621, 1144) by grinding and bolting white or yellow is impracticable. A limit on the amount 9. Corn meals made by simply grinding corn to a fineness which approximates of particles of meal size is necessary to cleaned corn have the same proportions that of wheat flour. They may be made maintain the identity of grits as differen­ of bran and germ, and so of crude fiber from the entire corn kernel or propor­ tiated from a com meal. A reasonable and fat, as has the cleaned corn from tions of bran and germ may be removed limit on the proportion of particles in which they are made. As bran is re­ in milling. Corn flours are seldom sold grits which will pass through a No. 25 moved the percentage of crude fiber de­ for household use but are used mainly as sieve is 20 percent. (R. 459, 474, 554, creases. A reasonable dividing line be­ one of the ingredients of such foods as 1127; Ex. 27, 28, 57, 59) tween corn meals and bolted corn meals waffle, pancake and muffin mixes, and 19. Corn meals, bolted corn meals, and based- on crude fiber content is 1.2 per­ some types of breakfast foods. It is not degerminated corn meals are composed cent of crude fiber on the moisture free now customary to distinguish between of particles most of which are smaller basis. The germ content, and so the fat corn flours of varying bran and germ than the particles of grits, that is, they content, of corn meal made by recom­ content so long as their bran and germ will pass through a No. 25 standard sieve. bining ingredients may differ slightly content, and therefore their fat and Because the process of grinding is in­ from that of the cleaned corn from which crude fiber content, do not exceed the fat exact insofar as the size of particles re­ they are made, but reasonable variations and crude fiber content of the cleaned sulting therefrom is concerned, corn in germ content will not cause a change corn from which made. The comparison meals of all types may, and usually do, in fat content of more than 0.3 percent. is made cm the moisture-free basis. (R. contain some particles of somewhat The removal of particles of corn which 475, 477, 548, 549, 550, 553, 1118, 1119; larger size comparable to grits, and also escape grinding, together with flattened Ex. 26) some quite small particles, comparable to pieces of bran, cause a slight lowering of 14. The moisture content of corn flour. This is particularly true of corn the crude fiber content, but have little meals, grits, and com flours, affects the meals ground between stones. Where 45 effect on fat content. Unless there is a properties and value to consumers of percent or more by weight of corn meals, deliberate addition of excess bran the these foods. Excessive moisture renders bolted corn meals, or degerminated corn crude fiber content of corn meals will not these foods susceptible to early spoilage, meals, passes through a No. 25 standard exceed that of the cleaned corn from this being particularly true of products sieve, the food has a characterizing which the meals are made. (R. 517-518, containing all the corn germ, and is of mealy consistency. An excessive amount 521, 536-537, Ex. 20, 24, 61) no value to consumers. The sale of corn of corn flour in any type of corn meal 10. Bolted corn meals may be prepared meals, grits, and com flours of higher makes it unsatisfactory for meal uses. either by bolting whole grain corn meals than normal moisture content amounts Particles which pass through a No. 72 to remove bran particles; or by grinding to sale of water at corn product prices X X X grits gauze are of the fineness of and separating the corn into portions, and is an economic cheat. (R. 506, 514, corn flour. The openings in a No. 72 which are then ground separately and 515, 539, 562, 590, 650) grits gauze are of essentially the same combined so as to include appropriate 15. In the manufacture of grits and size as those of a No. 70 woven wire cloth portions of ground endosperm and germ.. degerminated corn meals, it is customary as defined by the U. S. Bureau of Stand­ As a result of the removal of bran, bolted to soften the corn by tempering with ards in L. C. 584. Reasonable limits on corn meals contain, on the moisture free hot water, but to remove the excess the amounts of material in corn meals, basis, less than 1.2 percent crude fiber. moisture by drying at a later stage in bolted corn meals, and degerminated Small amounts of germ may be lost when the mailing process. The moisture con­ corn meals which will pass through a- the bran particles are sifted out, and the tent of these foods after such drying does amount of germ returned in recombining not exceed 15 percent. When corn meals No. 72 X X X grits gauze are 35, 25, and ground portions may differ somewhat are made by grinding whole corn, it is 25 percent, respectively. (R. 300, 306, from the amount of germ in the cleaned customary to use reasonably dry corn. 475, 489, 513, 649, 1148; Ex. 20, 21, 22 corn from which ground, but the fat con­ As a result, the moisture content of corn 56, 58, 61) tent, on the moisture free basis, does not meals, and also of bolted corn meals pre­ 20. Corn meals of the whole grain type exceed by more than 0.3 percent the fat pared by bolting to remove the bran, can often contain quantities of particles, par­ content of such corn, nor is such fat be kept below 15 percent. (R. 308, 309, ticularly of bran, somewhat larger than content less than 2.25 percent.

21. For the purpose of testing cornwith a vigorous horizontal motion, strik­ iron before sale in those States. The meals, bolted corn meals, degerminated ing the side against the hand, and then requirements of these States as to the corn meals, and grits for particle size, weigh. The decrease in weight of sam­ minimum and maximum quantities of reasonably accurate results are obtained ple, calculated as percent by weight of vitamins and iron required in such corn by the following procedure which may be sample shall be considered the percent meals and grits after enrichment are applied easily. Fit the sieves to be used passing through' No. 70 wire cloth. shown in tabular form as follows; into one another, placing the sieve with Transfer the residue from cone to a No. largest openings on top, the one with the 50 sieve having a standard 8-inch diam­ Thiamine Niacin next largest openings following, and at­ eter full height frame, complying with taching a bottom pan to the last sieve. the specifications for wire cloth and sieve State Not Not Not N p t All sieves should be 8 inches in diameter frame in said “Standard Specifications less more less more with full height frames and comply with for Sieves”. Shake for 2 minutes with a than than than than mg/lb mg/lb mg/lb mg/lb specifications for sieves of the designated vigorous horizontal motion, striking the size in “Standard Specifications tor side against the hand; remove and weigh Sieves”, published March 1,1940, in L, C. Alabama...... - 1.6 3.0 16 32 the residue; calculate the weight of res­ Georgia...... - 2.0 16 584, of the Bureau of Standards, U. S. idue as percent-by weight of sample, and Mississippi...... 2.0 16 Department of Commerce. Place a sam­ North Carolina: * subtract from 100 percent to obtain the L a w ...... 2.0 2.5 16 20 ple of 100 grams of corn meal, bolted corn percent of sample passing through the Regulation______1.5 3.0 16 32 meal, degerminated corn meal, or grits No. 50 sieve. (R. 549, 550-552, 1188; Ex. South Carolina...... 1.5 3.0 16 32 to .be tested on the top sieve, attach a 25, 25A, 26, 26A)

cover, hold the assembly of sieves in a 23. A number of manufacturers of corn Riboflavin Iron slightly inclined position, and shake by meals, grits, and corn flours offered affi­ striking the sides against one hand with davits which were similar and in some State Not Not Not Not an upward stroke, at the rate of about instances identical in language and form less more less more 150 times per minute, turning the as­ stating that in order to be sure that their - than than than than mg/lb mg/lb mg/lb mg/lb sembly of sieves about J/6 'of a revolution, products would comply with the stand­ each time in the same direction, after ards suggested in the notice of hearing, Alabama...... 13 20 each 25 strokes. Continue shaking for it would be necessary for them to take Georgia...... 1. 2 13 two minutes. Remove the material re­ elaborate precautions to test each lot Mississippi...... 1.2 13 maining on the sieves and in the pan, North Carolina: before shipment necessitating consider­ L a w ______1.2 1.5 13 16.5 weigh separately, and make the calcula­ able additional expenditures. No recom­ Regulation...... 0 0 13 26 tions. Sometimes when meals are tested mendations for changes in the suggested South Carolina...... T 13 26 fine particles clog the sieve openings. If standards were made. This general ap­ any sieve is clogged by fine material prehension was inspired by representa­ (R. 50, 51, 56, 79, 145, 146, 153, 154, 264, smaller than its openings, empty the con­ tions made by some members of the 268, 336, 379; Ex. 2,7,9) tents onto a piece of paper. Remove the American Corn Millers Federation at 27. Pending the promulgation of entrapped material on the bottom of meetings of corn millers called for the standards for such enriched foods under the sieve by a hair brush and add to the purpose of discussing the suggested the Federal Food, Drug, and Cosmetic sieve below. In like manner, clean the standards. Witnesses presented by the Act, the requirements of which will be­ adhering material from inside the sieve Federation failed to supply substantial come also the state requirements under and add to the material on the paper. evidence that compliance with the pro­ provisions of the several laws, Georgia, Return mixture to the sieve, reassemble posed standards would necessitate elab­ Mississippi, and North Carolina have tol­ the sieves, and shake in the same manner orate precaution or -would impose any erated the lower requirements of the as before for 1 minute. Repeat cleaning unreasonable burden. (R. 1028-1030, standards of South Carolina and Ala­ procedure if necessary until a 5 gram or 1035-1040, Ex. 44, 48-54, 63-113) bama. Following the promulgation of less weight loss occurs in any sieve dur­ 24. While it is true that small mills do federal standards, all of these states will ing a 1 minute shaking. (R. 652, 673, not maintain chemical laboratories for have uniform requirements. (R. 271, 1185, 1186, 1187; Ex. 32) the determination of moisture, fat and 380-381; Ex. 7) 22. The particles of corn flours are ofcrude'* fiber, the many analyses reported 28. Corn meals of various kinds, sup­ such fineness that at least 50 percent by of products of small .mills demonstrate plemented by grits, together with wheat weight will pass through No. 70 woven that the limits proposed are almost uni­ flour constitute the main source of wire cloth, having openings of the size versally met in present practice. No energy foods for large numbers of con­ prescribed for such cloth by the Bureau showing was made that the conditions sumers in those states now having com­ of Standards, U. S. Department of Com­ revealed by such analyses were at all pulsory enrichment laws for corn meals merce, in L. C. 584. Many corn flours unusual. (Ex. 20-29, 61) and grits, and in adjacent states in the also contain particles of somewhat larger 25. The advisory standards and other southeastern part of the United States. size but at least 98 percent by weight of specifications for various corn meals have The corn meals, grits and wheat flour any properly milled corn flour* will pass contained for many years moisture limits are used to supply essentially the same through a No. 50 sieve. Corn flours give as low as, and in some cases lower than, nutrients, and to a large extent are used trouble when tested by the method de­ 15 percent. Other industries have had interchangeably. (R. 41, 73, 95,102,103, scribed in finding 21 and a change in little trouble complying with limits on 104, 189, 246, 278, 374, 377, 886, 887, 888; procedure is necessary. The following food constituents similar in kind to those Ex. 5, 9, 42) method is easily applied and gives rea­ involved in this proposed order. The re­ 29. Recent dietary surveys in states sonably accurate results. Weigh 5 grams quirements proposed, for particle size where large amounts of corn meals of of sample into a tared truncated metal have been tested on many samples and various types are consumed have uni­ cone (top diameter 5 centimeters, bot­ are reasonable. Though given ample op­ formly shown that the diets of persons tom diameter 2 centimeters, height 4 portunity to subject the proposed limits in the low income brackets are often centimeters)*, fitted at bottom with 70- to tests, the interested industry presented deficient in thiamine, riboflavin, niacin, mesh wire cloth complying with the spec­ no data to indicate that the proposed and iron. Pellagra, a dietary deficiency ifications for No. 70 wire cloth in “Stand­ limits were unreasonable. (R. 458-461, disease that can be prevented by a suffi­ ard Specifications for Sieves”, published 1064-1077, 1163; Ex. 56-59) cient intake of niacin, was common in March 1, 1940 in L. C. 584 of the Bureau 26. In order to improve the general many such areas. Clinical evidences of of Standards, U. S. Department of Com­ nutritive properties of the diets of their riboflavin deficiencies have also been fre­ merce. Attach cone to a suction flask. citizens, the States of North Carolina, quently reported. Dietary deficiencies do not often occur singly, but persons Wash with 150 ml of petroleum ether Squth Carolina, Georgia, Alabama, and deficient in one of the nutrients are applied in a small stream without suc­ Mississippi have within the last few years tion, while gently stirring the sample likely to be deficient also in the other adopted laws requiring that corn meals three. (R. 39, 42, 49, 74, 75, 89, 96, 101, with a small glass rod. Apply suction and grits from which a certain part of 105, 238, 239, 276, 277, 280, 281, 292, 373, for 2 minutes after washing is com­ the germ of the corn has been removed, 374, 376, 886-887, 999, 1091-1092, 1222- pleted, then shake the cone for 2 minutes be enriched with certain vitamins and 1227; Ex. 9, 42) m 72 PROPOSED RULE MAKING

30. Due to the similarity in the dietary susceptible to rinsing loss, from unen­ germed yellow corn meal, white corn use of flour, corn meals of various types, riched grits upon washing. (R. 72, 77, flour, yellow corn flour, grits, corn grits, and grits, and also in view of the under­ 129, 159, 188, 417, 418, 419, 421, 422, 920- hominy grits, yellow grits, yellow corn standing consumers have acquired with 929, 937-940; Ex. 9, 18, 19, 43) grits, yellow hominy grits, enriched corn respect to the term “enriched” by reason 33. A satisfactory method for testing meals, and enriched corn grits will pro­ of the program of consumer education grits after a preliminary washing, which mote honesty and fair dealing in the carried out in connection with enriched simulates household washing, is as fol-' interest of consumers. flour and enriched bread, enriched corn lows: It is ordered That there be estab­ meals and enriched grits should supply Transfer 100 grams of enriched grits lished definitions and standards of iden­ the amounts of thiamine, niacin, ribo­ to a 2-liter Erlenmeyer flask containing tity as follows 1 liter of water at 25° C. Stopper the flavin, and iron now furnished by en­ § 15.500 White corn meal; identity. flask and rotate it for Y minute so that riched flour; that is, thiamine not less 2 (a) White corn meal is the food pre­ than 2.0 mg. per pound, riboflavin, not the grits are kept in motion. Allow the pared by so grinding cleaned white corn less than 1.2 mg. per pound, niacin, not grits to settle for Yz minute, then pour that when tested by the method pre­ less than 16.0 mg. per pound, .and iron, off 850 cc of the water along with any scribed in paragraph (b) (2) of this sec­ floating or suspended matter. Deter­ not less than 13.0 mg. per pound. If tion not less than 95 percent passes mine thiamine, riboflavin, niacin and some of these nutrients are not included through a No. 12 sieve, not less than 45 in enriched corn meals and enriched iron in the wet grits and water remain­ percent through a No. 25 sieve, but not grits, or if they are added., in lesser ing in the flask. Calculate as mg. per more than 35 percent through a No. 72 amounts than prescribed by the defini­ pound of the grits before rinsing. (R. grits gauze. Its moisture content is not tion and standard of identity for en­ 436, 1116; Ex. 18, 19, 46, 55) more than 15 percent. In its prepara­ riched flour, consumers are likely to be 34. The bulk of the vitamins and iron tion coarse particles of the ground corn confused and deceived as to the nutritive added to corn meals, bolted corn meals, may be separated and discarded, or re­ value of the enriched corn products. degerminated corn meals, and grits, is ground and recombined with all or part Maximum limits are also needed to pre­ so small that it is necessary to use a of the material from which they were vent unreasonably large additions of carrier to insure their intimate and uni­ separated, but.4n any such case the crude these nutrients which may give rise to form distribution. The vitamins * are fiber content of the finished corn meal confusion as to the relative value of dif­ added in pure synthetic form, iron is is not less than 1.2 percent and not more ferent “enriched” corn products and added -as metallic iron reduced to a fine than that of the cleaned corn from which may result in merchandizing claims that powder or as assimilable salts of iron. it was ground, and its fat content does are not warranted by the facts. Maxi­ Many harmless substances which will not differ more than 0.3 percent from mum limits 50 percent more than the not impair these foods are available for that of such corn. The contents of crude minimum will accomplish this and are use as carriers. The amount of carrier fiber and fat in all the foregoing pro­ reasonable for this purpose, except in added should not be more than neces­ visions relating thereto are on a mois­ the case of iron. Here the maximum sary to insure a uniform distribution of ture-free basis. should be twice the minimum^ (R. 43,46, the vitamins and iron. Dried yeast in (b) (1) For the purposes of this sec­ 47, 48, 60, 63, 64, 68, 69, 70, 71, 72, 73, 76, amounts not exceeding 1.5 percent is tion moisture is determined by the meth­ 82, 83, 84, 265, 271, 281, 381; Ex. 4, 5, 9) suitable for the purpose and it also im­ od prescribed in “Official and Tentative 31. In enriching corn meals and grits parts small amounts of additional nutri­ Methods of Analysis of the Association it is customary to add the enriching in­ ents. (R. 119, 121, 122, 331, 332, 334, of Official Agricultural Chemists”, 6th gredients to each of the different types 348, 368, 369, 371, 386, 387, 388, 389, 390, edition, page 259, sections 20.70 and 20.71; of corn meals and grits described in find­ 567; Ex. 9) fat is determined by the method pre­ ings 4, 5, 6, and 12. The enriched foods 35. Vitamin D and harmless compounds scribed on pages 259 and 260, sections vary from each other in their physical of calcium are optional ingredients of 20.70 and 20.73; and crude fiber deter­ character and in eating quality in the enriched flour. Due to the similarity in mined by the method prescribed on pages same way as do the basic foods before en­ dietary use between enriched flour and 259 and 360, sections 20.70 and 20.74. richment. To distinguish properly be­ the various enriched corn meals and en­ (2) The method referred to in para­ tween the different types each should be riched grits, it is reasonable to include graph (a) of this section is as follows: designated by its common name to which vitamin D and calcium as optional in­ Use No. 12 and No. 25 sieves, having is added the word “Enriched”. R. 65, gredients in enriched corn meals, en­ standard 8-inch diameter, full height 70, 232, 567; Ex. 9) riched bolted corn meals, enriched de­ frames, complying with the specifications 32. Grits are often washed before germinated com meals, and enriched for wire cloth and sieve frames in cooking and the wash water discarded,, grits, under the same conditions pre­ “Standard Specifications for Sieves”, thus causing a substantial loss of water-" scribed for optional use of these ingredi­ published March 1, 1940 in L. C. 584 of soluble substances present. If the water- ents in the definition and standard of the Bureau of Standards,'U. S. Depart­ soluble vitamins and water-soluble salts identity for enriched flour. (R. 76, 77; ment of Commerce. A sieve with frame of irorr are added only in amounts neces­ Ex. 5, 9) of the same dimensions as the Nos. 12 sary to meet the minimum requirement 36. Foods known as self-rising corn and 25 §,nd fitted with 72 X X X grits of the standard for enriched grits, with­ meals are manufactured and sold in lim­ gauze is used as the third sieve. It is out precautions against loss in rinsing, ited amounts. They are prepared by referred to hereafter as the No. 72 sieve. the food will lose a considerable portion adding leavening agents to a corn meal, The 72 X X X grits gauze has openings of these nutrients before consumption. bolted corn meal, or degerminated corn equivalent in size with those of No. 70 It is possible to add the required nutri­ meal. Self-rising corn meals may.be en­ woven wire cloth, complying with specifi­ ents in ways that will partially protect riched in the same manner as corn meals. cations for such cloth contained in such them from loss by solution in rinsing There is insufficient evidence on which "Standard Specifications for Sieves”. water. Loss to the consumer can be pre­ to formulate definitions and standards of Attach bottom pan to No. 72 sieve. Fit vented by the addition of the water- identity for. self-rising com meals or the No. 25 sieve into the No. 72 sieve soluble nutrients in excess of the mini­ enriched self-rising corn meals. (R. and the No. 12 sieve into the No. 25 sieve. mum requirements or by use of assimil­ 1012, 1118, 1149, 1150, 1151, 1152, 1153, Pour 100 grams of sample into the No. 12 able water-insoluble forms of the nutri­ 1187, 1188) sieve, attach cover and hold the assem­ ents. For consumer protection it is rea­ Conclusion. On the basis of the evi­ bly in a slightly inclined position and sonable to require that enriched grits dence of record and the foregoing find­ shake the assembly of sieves by striking contain after washing in a prescribed ings of fact, it is concluded that the fol­ the sides against one hand with an up­ manner which simulates the washing lowing regulations fixing and establish­ ward stroke, at the rate of about 150 practiced in the home, not less than 85 ing reasonable definitions and standards times per minute. Turn the assembly of percent of the minimum amounts of thi­ of identity for white corn meal, yellow sieves about Ye of a revolution, each time amine, riboflavin, niacin and iron pre­ corn meal, bolted white corn meal, bolted in the same direction, after each 25 scribed by the standard for enriched yellow corn meal, degerminated white strokes. Continue shaking for 2 min­ grits. The 15 percent loss is the approxi­ com meal, degermed white corn meal, utes. Weigh separately the material re­ mate loss of niacin, the vitamin most degerminated yellow com meal, de- maining on each sieve and in the pan. Saturday, January 4, 1947 FEDERAL REGISTER 73 and calculate each weight as percent of (1) On a moisture-free basis, its crude striking the side against the hand; re­ sample. Sometimes when meals are fiber content is less than 1.2 percent and move and weigh the residue; calculate tested, fine particles clog the sieve open­ its fat content is less than 2.25 percent; the weight of residue as percent by ings. If any sieve is clogged by fine ma­ and weight of sample, and subtract from 100 terial smaller than its openings, empty (2) When tested by the method pre­ percent to obtain the percent of sample the contents onto a piece of paper. Re­ scribed in § 15.500 (b) (2), except that a passing through the No. 50 sieve. move the entrapped material on the bot­ No. 20 standard sieve is used instead of a § 15.507 Yellow corn flour; identity. tom of the sieve by a hair brush and add No. 12 sieve, not less than 95 percent Yellow corn conforms to the definition to the sieve'below. In like manner, clean passes through a No. 20 sieve, not less and standard of identity prescribed by the adhering material from inside the than 45 percent through a No. 25 sieve, § 15.506 for white com flour except that sieve and add to thè material on the but not more than 25 percent through cleaned yellow corn is used instead of paper. Return mixture to the sieve, re­ No. 72 X X X grits gauze. cleaned white corn. assemble the sieves, and shake in the Its moisture content is not more than same manner as before for 1 minute. 15 percent. § 15.508 Grits, corn grits, hominy Repeat cleaning procedure if necessary (b) For the purposes of this section grits; identity, (a) Grits, corn grits, until a 5 gram or less loss in weight moisture, fat and crude fiber are deter­ hominy grits,«is the food prepared by so occurs in any sieve during a 1 minute mined by methods therefor referred to grinding and sifting cleaned white corn, shaking. The percent of sample passing in § 15.500 (b) (1). with removal of corn bran and germ, through No. 12 sieve shall be determined that: § 15.505 Degerminated yellow corn by subtracting from 100 percent of ma­ (1) On a moisture-free basis its crude meal, degermed yellow corn meal; iden­ terial remaining- on the No. 12 sieve. fiber content is not more than 1.2 per­ Degerminated yellow corn meal The percent passing through a No. 25 tity. cent and its fat content is not more than conforms to the definition and standard sieve shall be determined by adding the 2.25 percent; and of identity prescribed by § 15.504 for de­ percents reinaining on the No. 72 sieve (2) When tested by the method pre­ germinated white corn meal except that and the percent in pan. The percent in scribed in paragraph (b) (2) of this the pan shall be considered as the per­ cleaned yellow corn is used instead of section not less than 95 percent passes cent passing through a No. 72 X X X grits cleaned white corn. through a No. 10 sieve but not more than gauze. § 15.506 White corn flour; identity. 20 percent through a No. 25 sieve. (b) (1) For the purposes of this sec­ § 15.501 Yellow corn meal; identity. (a) White corn flour is the food prepared by so grinding and bolting cleaned white tion moisture, fat and crude fiber are Yellow corn meal conforms to the defini­ corn that when tested by the method determined by methods therefor referred tion and standard of identity prescribed to in § 15.500 (b) (1). by § 15.500 for white corn meal except prescribed in paragraph (b) (2) of this section not less than 98 percent passes (2) The method referred to in para­ that cleaned yellow corn is used instead graph (a) of this section is as follows: of cleaned white corn. through a No. 50 sieve and not less thap 50 percent passes through No. 70 woven Use No. 10 and No. 25 sieves, having § 15.502 Bolted white corn meal; iden­ wire cloth. Its moisture content is not standard 8-inch diameter full height tity. (a) Bolted white corn meal is the more than 15 percent. In its prepara­ frames, complying with the specifica­ food prepared by so grinding and sifting tion part of the ground corn may be re­ tions for wire cloth and sieve frames in cléaned white corn that: moved, but in any such case, the content “Standard Specifications for Sieves”, (1) Its crude fiber content is less than (on a moisture-free basis) of neither the published March 1, 1940 in L. C. 584 of 1.2 percent but its fat content is not less crude fiber nor fat in the finished white the Bureau of Standards, U. S. Depart-, than 2.25 percent, and com flour exceeds the content (on a ment of Commerce. Attach bottom pan (2) When tested by the method pre­ moisture-free basis) of such substance in to No. 25 sieve. Fit the No. 10 sieve into scribed in § 15.500 (b) (2), except that a the cleaned corn from which it was the No. 25 sieve. Pour 100 grams of No* 20 standard sieve is used instead of ground. . sample into the No. 10 sieve, attach the No. 12 sieve, not less than 95 percent (b) (1) For the purpose of this sec­ cover and hold assembly in a slightly passes through a No. 20 sieve, not less tion, moisture, fat and crude fiber are inclined position, shake the sieves by than 45 percent through a No. 25 sieve, determined by methods therefor referred striking the sides^gainst one hand with but not more than 25 percent through to in § 15.500 (b) (1). an upward stroke, at the rate of about No. 72 grits gauze. Its moisture content (2) The methods referred to in para­ 150 times per minute. Turn ’the sieves is not more.than 15 percent. In its prep­ graph (a) of this section are as follows: about Ye of a revolution each time in aration particles of ground corn which Weigh 5 grams of sample into a tared the same direction after each 25 strokes. contain germ may be separated^ re­ truncated metal cone (top diameter 5 Continue shaking for 2 minutes. Weigh ground, and recombined with all or part centimeters, bottom diameter 2 centi­ > separately the material remaining on of the material from which it was sep­ meters, height 4 centimeters), fitted at the No. 10 sieve and in the pan, and cal­ arated, but in any such case the fat con­ bottom with 70-mesh wire cloth comply­ culate each weight as percent of sample. tent of the finished bolted white corn ing with the specifications for No. 70 wire The percent of sample passing through meal does not exceed by more than 0.3 cloth in “Standard Specifications for a No. 10 sieve shall be determined by percent the fat content of the cleaned Sieves”, published March 1, 1940 in L. C. subtracting from 100 percent, the per­ corn from which it was ground. The 584 of the Bureau of Standards, U. S. De­ cent remaining on the No. 10 sieve. The contents of crude fiber and fat in all the partment of Commerce. Attach cone to percent of material in the pan shall foregoing provisions relating thereto are a suction flask. Wash with 150 ml of be considered as the percent passing on a moisture-free' basis. petroleum ether applied in a small through a No. 25 sieve. (b) For the purposes of this section stream without suction, while gently stir­ § 15.509 Yellow grits, yellow corn moisture, fat and crude fiber are deter­ ring* the sample with a small glass rod. grits, yellow hominy grits; identity. mined by the methods therefor referred Apply suction for 2 minutes after wash­ Yellow grits, yellow .corn grits, yellow to in § 15.500 (b)' (1). ing is completed, then shake the cone for hominy grits, conforms to the definition § 15.503* Bolted yellow corn meal; 2 minutes with a vigorous horizontal and standard of identity prescribed by identity. Bolted yellow corn meal con­ motion, striking' the side .against the § 15.508 for grits except that cleaned forms to the definition and standard of hand, and then weigh. The decrease in yellow corn is used instead of cleaned identity prescribed by § 15.502 for bolted weight of sample, calculated as percent white corn. white corn meal except that cleaned yel­ by weight of sample shall be considered § 15.510 Enriched corn meals; iden­ low com is used instead of cleaned white the percent passing through No. 70 wire corn. tity. (a) Enriched corn meals are the cloth. Transfer the residue from cone foods, each of which conforms to the § 15.504 Degerminated white corn to a No. 50 sieve having a standard 8- definition and standard prescribed for meal, degermed white corn meal; iden­ inch diameter full height frame, comply­ a kind of corn meal by §§ 15.500 to 15.505, tity. (a) Degerminated white corn meal, ing with the specifications for wire cloth inclusive, except that: degermed white corn meal, is the food and sieve frame in said “Standard Speci­ (1) It contains in each pound not less prepared by grinding cleaned white corn fications for Sieves”. Shake for 2 min­ than 2.0 mg and not more than 3.0 mg and removing bran and germ so that: utes with a vigorous horizontal motion, of thiamine, not less than 1.2 mg and not No. 3------3 74 PROPOSED RULE MAKING more than 1.8 mg of riboflavin, not less than 16 mg and not more than 24 mg flask and rotate it for exactly Vz minute than 16 mg and not more than 24 mg of of niacin or niacin amide, not less than so that the grits are kept in motion. niacin or niacin amide, and not less than 13 mg and not more than 26 mg of iron Allow the grits to settle for x/z minute, 13 mg and not more than 26 mg of iron (Fe); then pour off 850 cc of the water along (F e ): (2) It may contain in each pound not with any floating or suspended matter. (2) It may contain in each pound not less than 250 U. S. P. units and not more Determine thiamine, riboflavin, niacin less than 250 U. S. P. units and not more than 1,000 U. S. P. units of vitamin D; and iron in the wet grits and water re­ than 1,000 U. S. P. units of vitamin D; and maining in the flask. Calculate as mg and (3) It may contain in each pound not per pound of the gfits before rinsing. (3) It may contain in each pound not less than 500 mg and not more than 750 The amounts found by this procedure less than 500 mg and not more than 750 mg of calcium (C a). are not less than 85 percent of the mini­ mg of calcium (Ca). Iron and calcium may be added only mum amounts of thiamine, riboflavin, Iron and calcium may be added only in forms which are harmless and as­ niacin and iron prescribed by the stand­ in forms which are harmless and as­ similable. The vitamins referred to in ard for enriched grits. similable. The substances referred to in subparagraph (1) of this paragraph may Any interested person whose appear­ subparagraphs (1), (2) and (3) of this be combined with harmless substances to ance was filed at the hearing may, paragraph may be added in a harmless render them insoluble in water if the within 20 days from the date of publi­ carrier which does not impair the en­ water-insoluble products are assimilable. cation of this tentative order in the The substances referred to in subpara- riched corn meal; such carrier is used F ederal R egister, file with the Hearing only in the quantity necessary to effect grap (1), (2), and (3) of this paragraph Clerk of the Federal Security Agency, an intimate and uniform admixture of may be added in a harmless carrier; such Office of the General Counsel, 3257, So­ such substances with the kind of corn carrier is used only in the quantity nec­ cial Security Building, 4th Street and meal used. Dried yeast in quantities not essary to effect an intimate and uniform Independence Avenue SW., Washington, exceeding 1.5 percent by weight of the .admixture of such substances with the D. C., written exceptions thereto. Ex­ finished food may be used. kind of corn grits used. Dried yeast in ceptions shall point out with particu­ (b) The name of each kind of enriched quantities not exceeding 1.5 percent by larity the alleged errors in the tentative corn meal is the word “Enriched” fol­ weight of the finished food may be used. order, and shall contain specific ref­ lowed by the name of the kind of corn When the finished food is tested by the erences to the pages of the transcript of meal used which is prescribed in the defi­ method prescribed in paragraph (c) of the testimony or to the exhibits on which nition and standard of identity therefor. this section it complies with the require­ each exception is based. Such excep­ ments set forth therein. § 15.511 Enriched corn grits, identity. tions may be accompanied with a memo­ (b) The name of each kind or enriched randum or brief in support thereof. Ex­ (a) Enriched corn grits are the foods, corn grits is the word “Enriched” fol­ ceptions and accompanying memoranda each of which conforms to the definition lowed by the name of the kind of corn or briefs should be submitted in quin­ and standard of identity prescribed for grits used which is prescribed in the def­ tuplicate. grits and yellow grits by §§ 15.508 and inition and standard therefor. 15.509, except that: (c) The method referred to in para­ [ seal] ' W atson B. M iller, Administrator. (1) It contains in each pound not less graph (a) of this section is as follows: than 2.0 mg and not more than 3.0 mg Transfer 100 grams of enriched grits D ecember 30, 1946. of thiamine, not less than 1.2 mg and not to a 2 lffer Erlenmeyer flask containing [F. R. Doc. 47-87; Filed, Jan. 3, 1947; more than 1.8 mg of riboflavin, not less 1 liter or water at 25° C. Stopper the 8:55 a. m.]

NOTICES

mit to increase power of Station KRRV, CIVIL AERONAUTICS BOARD FEDERAL COMMUNICATIONS at Sherman, , to 5 kw, install new [Docket 2674] COMMISSION transmitter, change transmitter site and [Docket Nos. 6862, 8005, 7810, 7809] install a new directional antenna, and E ritish O verseas A ir w a y s Corp. also having under consideration the ap­ R ed R iver V alley B roadcasting C orp., plication of The KJAN Broadcasting Co., NOTICE OF POSTPONEMENT OF HEARING ET AL. Inc., for a construction permit for a new In the matter of application for au­ ORDER DESIGNATING APPLICATION FOR CON­ standard broadcast station to operate on 910 kc, 1 kw power, unlimited time, direc­ thority to use Mac Arthur Field, Islip, SOLIDATED HEARING ON STATED ISSUES tional antenna nighttime, at Opelousas, Long Island, as a^coterminal or alternate In re applications of Red River Valley Louisiana; and terminal with LaGuardia Airport, New Broadcasting Corp. (K R R V ), Sherman, It appearing, that the Commission, on York, insofar as transatlantic landplane Texas, Docket No. 6862, File No. B 3-P- August 29, 1946, designated for hearing operations are concerned. 4105; The Kjan Broadcasting Co., Inc., the application of Miami Broadcasting Opelousas, Louisiana, Docket No. 8005, Notice is hereby given that the hear­ Company (File No. B3-P-4987, Docket File No. B3-P-5143; Miami Broadcasting No. 7810), requesting a construction per­ ing in the above-mentioned proceeding, Company, Miami, Oklahoma, Docket No. mit for a new standard broadcast station now assigned to be heard , 7810, File No. B 3 -P - 4987; Northeast^Ok- to operate on 910 kc, 1 kw power, unlim­ 1947, is postponed'to ,1947, at lahoma Broadcasting Company, Miami, ited time, DA-2, at Miami, Oklahoma, in 10 a. m. (eastern standard time) in Room Oklahoma, Docket No. 7809, File No. BS­ a consolidated proceeding with the ap­ 1508 Commerce Building, Washington, P-4930; for construction permits. plication of Northeast Oklahoma Broad­ At a session of the Federal Communi­ D. C.,- before Examiner James S. Keith. casting Company (File No. B3-P-4930, cations Commission, held at its offices in Docket No. 7809), requesting a construc­ Dated at Washington, D. C., December Washington, D. C., on the 17th day of tion permit for a new standard broad­ 30, 1946. December 1946; cast station to operate on 900 kc, 250 w The Commission having under consid­ power, daytime only, at Miami, Okla­ By the Civil Aeronautics Board. eration the above-entitled application of homa, for which hearing no date has Red River Valley Broadcasting Corp. [ seal] M. C. M ulligan, been set; (KRRV) ,* requesting a construction per- Secretary. It is ordered, That, pursuant to section [F. R. Doc. 47-50; Filed, Jan* 3, 1947; 1 Presently operating on 910 kc, 1 kw, un­ 309 (a) of the Communications Act of 8:48 a. m.] limited, directional antenna. 1934, as amended, the said application Saturday, January 4, 1947 FEDERAL REGISTER . .. 75

of Red River Valley Broadcasting Corp. [Docket Nos. 7162, 7991, 7992, 7993, 7994, Whereas, on August 27,1946, the Com­ (KRRV) be, and it is hereby, designated 7995, 7996] mission was duly notified that the Brit­ for hearing in the above-consolidated L o u is ia n a B roadcasting C o . et a l . ish Government had accepted the fre- proceeding, at a time and place to be querfcy 1540 kc for the operation of a designated by subsequent order of the ORDER DESIGNATING APPLICATIONS AND PETI­ Class I-B station (ZNS) at Nassau, Ba­ Commission, upon the following issues: TION, IN PART, FOR CONSOLIDATED HEARING hamas, and the Commission, on October ON STATED ISSUES 1. To determine the technical, finan­ 10, 1946, having amended § 3.25 (e) of cial, and other qualifications of the ap­ In re applications of Roy Hofheinz and its rules pursuant thereto; and plicant corporation, its officers, directors W. N. Hooper, d/b as Louisiana Broad­ It appearing, that the foregoing mat­ and stockholders, to construct and op­ casting Company, New Orleans, Louisi­ ters involve common issues concerning erate Station KRRV as proposed. ana, Docket No. 7162, File No. B 3 -P - the use of the frequency 1540 kc for 2. To determine the areas and popu­ 4260; Bayou Broadcasting Company, In­ nighttime operation in the United States, lations which may be expected to gain or corporated, Baton Rouge, Louisiana, and the manner in which allocation of lose primary service from the operation Docket No. 7991, File No. B3-P-5453; stations on that frequency would best of Station KRRV as proposed and the Patroon Broadcasting Company, Inc., serve the public interest and contribute character of other broadcast service Albany, , Docket No. 7992, File to an equitable distribution of facilities available to those areas and populations. No. Bl-P-4611; Texhoma Broadcasting in accordance with the provisions of 3. To determine the type and charac­ Company, Durant, Oklahoma, Docket section 307 (b) of the Communications ter of program service proposed to be No. 7993, File No. B3-P-5112; East-West Act of 1934, as amended; rendered and whether it would meet the Broadcasting Company, a partnership It is ordered, That the said petition of requirements of the populations and composed of John C. Griffith, James H. Josh Higgins Broadcasting Company, in­ areaüs proposed to be served." Lawson, Jr., James G. Ulmer, James G. sofar as the relief requested therein is 4. To determine whether the operation Ulmer, Jr., M. Ward Bailey and T. S. contingent on the non-use of the 1540 of Station KRRV as proposed would in­ Christopher, Fort Worth, Texas; Docket kc channel by a Class I-A station in the volve objectionable interference with any No. 7994, File No. B3-P-4524; Western Bahamas, be, and it is hereby, denied. existing broadcast stations and, if so, the Waves, Inc., Seattle, Washington, Docket It is further ordered, That the said pe­ nature and extent thereof, the areas and No. 7995, File No. B5-P-5060; for tition of Josh Higgins Broadcasting populations affected thereby, and the construction permits; and petition of Company, insofar as it requests protec­ availability of other broadcast service to Josh Higgins Broadcasting Company tion for Station KXEL to the extent of such areas and populations. (K X E L ), Waterloo, Iowa, for continua­ its interference free areas, and the said 5. To determine whether the operation tion of exclusive nighttime assignment above entitled applications be, and they of Station KRRV as proposed would in­ on 1540 kc to Station KXEL, Docket No. are hereby, designated for hearing in a volve objectionable interference with the 7996. consolidated proceeding, at a time and services proposed in the pending appli­ At a session of the Federal Communi­ place to be determined by subsequent cations of The KJAN Broadcasting Co., cations Commission held at its offices in order of the Commission, upon the fol­ Inc. (Pile No. B3-P-5143), and Miami Washington, D. C., on the 5th day of lowing issues: Broadcasting Company (Pile No. B 3-P- December 1946; 1. To determine the legal, technical, 4987, Docket No. 7810), or in any other The Commission having under consid­ financial and other qualifications of the pending applications for broadcast facili­ eration the above entitled applications applicants, their partners or their offi­ ties and, if so, the nature and extent for construction permits for new stand­ cers, directors and stockholders to con­ thereof, the areas and populations af­ ard broadcast stations to operate un­ struct and operate their proposed sta­ fected thereby, and the availability of limited time on the frequency 1540 kc, tions. other broadcast service to such areas and as follows: Louisiana Broadcasting Com­ 2. To determine the areas and popula­ populations. pany, with 50 kw power, using directional tions which may be expected to gain or 6. To determine whether the installa­ antenna, at New Orleans, Louisiana; lose primary service from the operation tion and operation of Station KRRV as Bayou Broadcasting Company, Inq,, with of the various proposed stations and the proposed would be in compliance with 250 watts at Baton Rouge, Louisiana; character of other broadcast service the Commission’s rules and Standards Patroon Broadcasting Company, Inc., available to those,areas and populations. of Good Engineering Practice concerning with 10 kw, using directional antenna, at 3. To determine the extent of Station standard broadcast stations. Albany, New York; Texhoma Broadcast­ KXEL’s present interference free service 7. To determine whether the operation ing Company, with 250 watts at Durant, areas, the nature and extent of the pri­ of Station KRRV as proposed would in­ Oklahoma; East-West Broadcasting mary interference free. service that it volve objectionable interference with Company, with 10 kw at Fort Worth, renders beyond its normally protected Station CMCP, Havana, Cuba, or with Texas; and Western Waves, Inc., with contours, the character of its program any other foreign standard broadcast 50 kw, using directional antenna, at Se­ service to those areas, the populations station, in violation of the terms of the attle, Washington; and the Commission involved and the character of other North American Regional Broadcasting also having under consideration the broadcast service-available thereto and Agreement. abovq. entitled petition of Joah Higgins whether, and to what extent, such serv­ Broadcasting Company (K X EL) request­ ice should receive protection. 8. To determine on a comparative basis ing that: 4. To determine the type and charac­ which, if any, of the applications in this (1) The frequency 1540 kc be consid­ ter of the program service proposed to consolidated proceeding should be ered as-unavailable for assignment for be rendered by each of the applicants granted. additional nighttime operations in the and whether it would meet the require­ It is further ordered, That the orders United States (KXF.Ii now operates on ments of the populations and areas pro-, of the Commission dated August 29,1946, 1540 kc with 50 kw, unlimited time using posed to be served. v designating the said applicationof Miami directional antenna at night, at Water­ 5. To determine whether any of the Broadcasting Company for hearing in a loo, Iowa) until the Government of the proposed operations would involve ob­ consolidated proceeding with the said Bahama Islands has irrevocably and jectionable interference with any exist­ application of Northeast Oklahoma definitely determined to use 1540 kc; ing broadcast station, including the pres­ Broadcasting Company, be, and it is here­ (2) The frequency 1540 kc be classi­ ent interference free service area of Sta­ by, amended to include the said applica­ fied when and to the extent possible in tion KXEL, and, if so, the nature and tion of Red River Valley Broadcasting view of its non-use or partial use in the extent thereof, the, areas and populations Co. (KRRV). Bahamas, as assignable in the United affected thereby, and the availability of States with Class I-A privileges; and other broadcast service to such areas and By the Commission. (3) The sky wave as well as the ground populations; or would involve objection­ wave service of KXEL, in any case, be [ seal] W m . P. M assin g , able interference with broadcast service accorded protection equivalent to that Acting Secretary. authorized in a foreign country pursuant enjoyed by a Class I-B station or to the to the provisions of international agree­ [F. R. Doc. 47r 71; Filed, Jan. 3, 1947; extent of its interference free service ments to which the United States is a 8:58 a. m.} areas; and party. 76 NOTICES

- 6. To determine whether any one of 1. To determine the legal, technical, (K O R E ), requesting a construction per­ the proposed operations would - involve financial, and other qualifications of the mit to change the frequency, power and objectionable interference with the serv­ applicant corporation, its officers, direc­ operating time of Station KORE at Eu­ ices proposed in any or all of the other tors and stockholders, to construct and gene, Oregon, from 1450 kc, 250 w, un­ applications in this consolidated pro­ operate the proposed station, limited time, to 1280 kc, 1 kw, daytime ceeding or in any other pending appli­ 2. To determine the areas and popu­ only (File No. B5-P-5470), at a time and cations for broadcast facilities, and, if lations which may be expected to gain place to be designated by subsequent so, the nature and extent thereof, the primary service from the operation of order of the Commission, upon the fol­ areas and populations affected thereby, the proposed station and the character lowing issues: and the availability of other broadcast of other broadcast service. available to 1. To determine the legal, technical, service to such areas and populations. those areas and populations. financial, and other qualifications of the 7. To determine whether the installa­ 3. To determine the type and char­ applicant corporation, its officers, direc­ tion and operation of the various pro­ acter of program service proposed to be tors and stockholders, to construct and posed stations would be in compliance rendered and whether it would meet tfye operate the proposed station. with the Commission’s rules and stand­ requirements of the populations and- 2. To determine the areas and popula­ ards of Good Engineering Practice con­ areas proposed to be served. tions which may be expected to gain cerning standard broadcast stations. 4. To determine whether the opera­ primary service from the operation of 8. To determine what allocation of sta­ tion of the proposed station would in­ the proposed station and the character tions on the frequency 1540 kc would best volve objectionable interference with of other broadcast service available to serve the public interest and best con­ any existing broadcast stations and',- if those areas and populations. tribute to an equitable distribution of so, the nature and extent thereof, the 3. To determine the type and char­ facilities in accordance with section 307 areas and populations affected thereby, acter of program service proposed to be (b) of the Communications Act of 1934, and the availability of other broadcast rendered and whether it would meet the as amended, and § 3.25 (e) of the Com­ service to such areas and populations. requirements of the populations and mission’s rules. 5. To determine whether the operation areas proposed to be served. 9. To determine all the facts and cir­ of the proposed station would involve 4. To determine whether the opera­ cumstances concerning and leading up objectionable interference with the serv­ tion of the proposed station would in­ to the filing of the application of Bayou ices proposed in any pending applica­ volve objectionable interference with any Broadcasting Company, Incorporated tions for broadcast facilities and, if so, existing broadcast stations and, if so, the (Docket No. 7991), and more particularly the nature and extent thereof, the areas nature and extent thereof, the areas and to determine the intent, purpose and and populations affected thereby, and populations affected thereby, and the good faith of the applicant in filing the the availability of' other broadcast serv­ availability of other broadcast service to said application. ice to such areas and populations. such areas and populations. 10. To determine which, if any, of the 6. To determine whether the installa­ 5. To determine whether the operation applications in this consolidated proceed­ tion and operation of the proposed sta­ of the proposed station would involve ing should be granted. tion would be in compliance with the objectionable interference with the serv­ Commission’s rules and Standards of ices proposed in any pending applications By the Commission. Good Engineering Practice concerning for broadcast facilities and, if so, the na­ [ seal] T. J. S l o w ie , standard broadcast stations. ture and extent thereof, the areas and Secretary. 7. To determine on a comparative populations affected thereby, and the [F. R. Doc. 47-59; Filed, Jan. 3, 1947; basis which, if either, of the applications availability of other broadcast service 8:50 a. m.] in this consolidated proceeding should to such areas and populations. be granted. 6. To determine whether the installa­ tion and operation of the proposed sta­ By the Commission. tion would be in compliance with the [Docket No. 6900] [ se al] W m , P. M a ssin g , Commission’s rules and Standards of Acting Secretary. Good Engineering Practice concerning T im e s P u b l is h in g Co. „ [P. R. Doc. 47-66; Piled, Jan. 3, 1947; standard broadcast stations. ORDER DESIGNATING APPLICATION FOR CON­ 8:50 a. m.] 7. To determine on a comparative SOLIDATED HEARING ON STATED ISSUES basis which, if either, of the applications in this consolidated proceeding should In re application of Times Publishing be granted. Company, Erie, Pennsylvania, for con­ [Docket No. 7484] struction permit; Docket No. 6900, File By the Commission. No. B2-P-3773. E u g e n e B roadcasters, I n c . [ se al] W m . P. M a s sin g , At a session of the Federal Communi­ ORDER DESIGNATING APPLICATION FOR CON­ Acting Secretary. cations Commission, held at its offices in SOLIDATED HEARING ON STATED ISSUES [F. R. Doc. 47-69; Filed, Jan. 3, 1947; Washington, D. C., on the 17th day of 8:58 a. m.] December 1946; In re application of Eugene Broad­ The Commission having under consid­ casters, Inc., Eugene, Oregon, for con­ eration the above-entitled application struction permit; Docket No. 7484, File requesting a construction permit for a No. B5-P-4259. [Docket Nos. 7557 and 7692] new standard broadcast station to oper­ At a session of the Federal Communi­ ate on 1400 kc,«250 w, unlimited time, at cations Commission, held at its offices in Eau C lair e-C h ip p e w a B roadcasting Co. Erie, Pennsylvania; Washington, D. C., on the 17th day of and WBIZ, I n c . December 1946; It is ordered, That', pursuant to section order enlarg ing iss u e s 309 (a> of the Communications Act of The Commission having under consid­ 1934, as amended, the said application eration the above-entitled application, In re applications of A. W. Langill, B. J. be, and it is hereby, designated for hear­ requesting a construction permit for a Colbert, and. I. E. Rasmus, Co-Partners, ing in a consolidated proceeding with the new standard broadcast* station to oper­ d/b, as Eau Claire-Chippewa Broadcast­ application of Thomas Phillips, Jr., W il­ ate on 1280 kc, 1 kw, unlimited time, ing Company, Chippewa Falls, Wiscon­ liam M. Schuster, Conrad Elfenbein, using a directional antenna; sin, Docket No. 7557, File No. B4-P-4619; Francis Schuster, and Sylvia Galinsky, a It is ordered, That, pursuant to section WBIZ, Inc., Eau Claire, Wisconsin, partnership, d/b as Erie Broadcasting 309 (a) of the Communications Act of Docket No. 7692, File No. B4-P-4692; for Company (File No. B2-P-5469), request­ 1934, as amended^the said application construction permits. ing a construction permit for a new be, and it is hereby, designated for hear­ The Commission having under consid­ standard broadcast station to operate on ing in a consolidated proceeding with the eration a petition filed December 5, 1846 1400 kc, 250 w, unlimited time, at Erie, application of Violet G. Hill Motter and by WBIZ, Inc., Eau Claire, Wisconsin, Pennsylvania, at a time and place to be Violet G. Hill Motter, Administratrix of requesting that the issues in the consoli­ designated by subsequent order of the the Estate of Frank L. Hill, deceased, dated proceeding upon its application for Commission, upon the following issues i. d/b as Eugene Broadcast Station construction permit (File No. B 4-P- Saturday, January 4, 1947 FEDERAL REGISTER n

4692, Docket No. 7692) and the applica­ a time and place to be designated by sub­ its application for construction permit tion of Eau Claire-Chippewa Broadcast­ sequent order of the Commission, each (File No. Bl-P-5114, Docket No. 7808) so ing Company, Chippewa Falls, Wisconsin upon the following issues: as to strike the issues relative to the legal (File No. B4-P-4619, Docket No. 7557) 1. To determine the legal, technical, -and financial qualifications of the appli­ be enlarged to include the following financial, and other qualifications of the cant and to the type and character of issue: applicant corporation, its officers, direc­ program service proposed; and to set an To determine whether the operation tors and stockholders to construct and early hearing date upon the said appli­ of a proposed station in Chippewa Falls, operate the proposed station. cation ; Wisconsin, on 1340 kc, operating with 2. To determine the areas and popula­ It appearing, that since the filing of power of 250 watts, unlimited time, tions which may be expected to gain pri­ the instant petition, the Commission has would involve objectionable interference mary service from the operation of the scheduled the above-entitled application with any existing or proposed broadcast proposed station and the character of for hearing on March 6, 1947; that this services and, if so, the nature and extent other broadcast service available to those date is in accord with the priority of the thereof, and the availability of .other areas and populations. filing of the application; and that in the broadcast service to such areas and pop­ 3. To determine the type and charac­ circumstances the petition insofar as it ulations ter of program service proposed to be requests an early hearing date is moot; and that the further hearing upon the rendered and whether it would meet the It is ordered, This 13th day of Decem­ engineering aspects of the instant pro­ requirements of the populations and ber 1946, that insofar as the petition re­ ceeding, which is presently scheduled for areas proposed to be served. quests modification of the issues, the pe­ December 16, 1946 at Washington, D. C., 4. To determine whether the opera­ tition be, and it is hereby granted; the be continued for 30 days; tion of the proposed station would in­ issues in the Above-entitled proceeding It is ordered, This 13th day of Decem­ volve objectionable interference with any be, and they are hereby, modified so as to ber 1946, that the petition be, and it is existing, broadcast stations and, if so, the read as follows: hereby, granted;.the issues in the above- nature and extent thereof, the areas and 1. To determine the technical qualifi­ entitled proceeding be, and they are here­ populations affected thereby, and the cations of the applicant to construct and by, enlarged to include the following availability of other broadcast service to operate the proposed'station. issue: such areas and populations. 2. To determine the areas and popula­ 5. To determine whether the operation To determine whether the operation of tions which may be expected to gain pri­ a proposed station in Chippewa Falls, of the proposed station would involve mary service from the operation of the Wisconsin, on 1340 kc. operating with objectionable interference with the serv­ proposed station and the character of power of 250 watts, unlimited time, would ices proposed in any pending applica­ other broadcast service available to those involve objectionable interference with tions for broadcast facilities and, if so, areas and populations. any existing or proposed broadcast serv­ the nature and extent thereof, the areas 3. To determine whether the operation ices and, if so, the nature and extent and populations affected thereby, aiid of the proposed station would involve ob­ thereof, and the availability of other the availability of other broadcast serv­ jectionable interference with Station broadcast service to such areas and pop­ ice to such areas and populations. W A B Y at Albany, New York, or with any ulations. 6. To determine whether the installa­ other existing broadcast stations and, if tion and operation of the proposed sta­ so, the nature and extent thereof, the and the further hearing in the above- tion would be in compliance with the areas and populations affected thereby, entitled proceeding be, and it is hereby Commission’s rules and Standards of and the availability of other broadcast continued to 10:00 o'clock a. m. Wednes­ Good Engineering Practice concerning service to such areas and populations. day, January 15, 1947 at Washington, standard broadcast stations. 4. To determine whether the opera­ D. C. 7. To determine on a comparative tion of the proposed station would in­ By the Commission. basis which, if either, of the applications volve objectionable interference with in this consolidated proceeding should [ seal] W m . P. M assin g , the services proposed in any pending Acting Secretary. be granted. applications for broadcast facilities and, It is further ordered, That, with re­ if so, the nature and extent thereof, the [F. R. Doc. 47-61; Filed, Jan. 3, 1947; spect to the application of Ashbacker areas and populations affected thereby, 8:49 a. m.] Radio Corporation (File No. B2-P-5191), and the availability of other broadcast it be heard on the following additional service to such areas and populations. issue: 5. To determine whether the installa­ 8. To determine the overlap, if any, tion and operation of the proposed sta­ {Docket Nos. 8003, 8004] that will exist between the service areas tion would be in compliance with the of the proposed station and of station Commission’s rules and Standards of* A shbacker R adio C orp. and M a n istee W K LA at ¿Aldington, Michigan, the na­ Good Engineering Practice concerning R adio C orp. ture and extent thereof, and whether standard broadcast stations. ORDER DESIGNATING APPLICATION FOR CON­ such overlap, if any, is in contravention and, insofar as the petition requests an SOLIDATED HEARING ON STATED ISSUES of § 3.35 of the Commission’s rules. early hearing date, the petition be, and In re applications of Ashbacker Radio By the Commission, it is hereby, dismissed, as moot. Corporation, Manistee, Michigan, Docket [ s e a l] W m . P. M a s sin g , By the Commission. No. 8003, File No. B2-P-5191; Manistee Acting Secretary. Radio Corporation, Manistee, Michigan, [ s e a l ] W m . P. M assin g , Docket No. 8004, File No. B2-P-5433; for [F. R. Doc. 47-73; Filed, Jan. 3, 1947; Acting Secretary. 8:58 a. m.] construction permits. [F. R. Doc. 47-60; Filed, Jan. 3, 1947; At a session of the Federal Communi­ 8:50 a. m.] cations Commission, held at its offices in Washington, D. C., oh the 17th day of [Docket No. 7808} December, 1946; The Commission having under consid­ O n e o n t a S tar, I n c . [Docket No. */989] eration the above-entitled applications ORDER MODIFYING ISSUES L ake W o r th B roadcasting C orp., I n c . requesting a construction permit for a new standard broadcast station to oper­ In re application of Oneonta Star, Inc., ORDER DESIGNATING APPLICATION FOR HEAR­ ate on 1340 kc, 250 w power, unlimited Oneonta, N. Y., for construction permit; ING ON STATED ISSUES time, at Manistee, Michigan; Docket No. 7808, File No. Bl-P-5114. In re application of Lake Worth It is ordered, That, pursuant to section The Commission having under consid­ Broadcasting Corp., Inc., Lake Worth, 309 (a) of the Communications Act of eration a petition filed November 18, Florida, for construction permit; Docket 1934, as amended, the said applications 1946 by Oneonta Star, Inc., Oneonta, No. 7989, File No. B3-P-5455. be, and they are hereby, designated for New York, requesting the Commission to At a session of the Federal Communi­ hearing in a consolidated proceeding at modify the issues in the proceeding upon cations Commission, held at its offices in 78 % NOTICES

Washington, D. C., on the 5th day of casting Company, Miami, Oklahoma, ices proposed in the pending applica­ December 1946; Docket No. 7810, File No. B3-P-4987; tions of Red River Valley Broadcasting The Commission having under con­ Northeast Oklahoma Broadcasting Com­ Corp. (KRRV) (File No. B3-P-4105, sideration the above-entitled application pany, Miami, Oklahoma, Docket No. 7809, Docket No. 6862) and Miami Broadcast­ requesting construction permit for a new File No. B3-P-4930,' for construction per­ ing Company (File No. B3-P-4987), or standard broadcast station to operate on mits. in any other pending applications for 1450 kc, with 250 w power, unlimited At a session of the Federal Communi­ broadcast facilities and, if so, the nature time, at Lake Worth, Florida; cations Commission, held at its offices in and extent thereof, the areas and popu­ It is ordered, That, pursuant to section Washington, D. C., on the 17th day oi lations affected thereby, and the avail­ 309 (a) of the Communications Act of December, 1946; ability of other broadcast service to such 1934, as amended, the said application The Commission having under con­ areas and populations. be, and it is hereby, designated for hear­ sideration the above-entitled application, 6. To determine whether the installa­ ing, at a time and place to be designated of the KJAN Broadcasting Co., Inc., for tion and operation of the proposed sta­ by subsequent order of the Commission, a construction permit for a new stand­ tion would be in compliance with the upon the following issues; ard broadcast station to operate on Comiriission’s rules and Standards of 1. To determine the legal, technical, 910 kc, 1 kw power, unlimited time, di­ Good Engineering Practice concerning financial, and other qualifications of the rectional antenna nighttime, at ’Ope­ standard broadcast stations. applicant corporation, its officers, direc­ lousas, Louisiana, and the application of 7. To determine whether the opera­ tors and stockholders, to construct and Red River Valley Broadcasting Corp. tion of the proposed station would in­ operate the proposed station. (KRRV) / requesting a construction per-, volve objectionable interference with 2. To determine the ar^as and popula­ mit to increase power of Station KRRV, Station CMCF, Havana^ Cuba, or with tions which may be expected to gain pri­ at Sherman, Texas, to 5 kw, install new any other foreign standard broadcast mary service from the operation' of the transmitter, change transmitter site and station, in violation of the terms of the proposed station and the character of install a new directional antenna; and North American Regional Broadcasting other broadcast service available to those It appearing, that the Commission, on Agreement. areas and populations. Atigust 29, 1946, designated for hearing 8. To determine on a comparative 3. To determine the type and charac­ the application of Miami Broadcasting basis which, if any, of the applications ter of program service proposed to be Company (File No. B3-P-4987, Docket in this consolidated proceeding should be rendered and whether it would meet the No. 7810), requesting a construction per­ granted. requirements of the populations and mit for a new standard broadcast station It is further ordered, That the orders areas proposed to be served. to operate on 910 kc, 1 kw power, un­ of the Commission dated August 29, 4. To determine whether the opera­ limited time, DA-2, at Miami, Oklahoma, 1946, designating the said application of tion of the proposed station would in­ in a consolidated proceeding w ith. the Miami Broadcasting Company for hear­ volve objectionable interference with application of Northeast Oklahoma ing in a consolidated proceeding with the any existing broadcast stations and, if Broadcasting Company-(File No. B 3 -P - said application of Northeast Oklahoma so, the nature and extent thereof, the 4930, Docket No. 7809), requesting a con­ Broadcasting Company, be, and it is areas and populations affected thereby, struction permit for a new standard hereby, amended to include the said ap­ and the availability of other broadcast broadcast station to operate on 900 kc, plication of the KJAN Broadcasting Co., service to such areas and populations. 250 w power, daytime only, at Miami, Inc. 5. To determine whether the operation Oklahoma, for which hearing no date By the Commission. of the proposed station would involve has been set; [ se al] W m . P. M a ssin g , objectionable interference with the.serv- It is ordered, That, pursuant to section Acting Secretary. ices proposed in the pending applications 309 (a) of the Communications Act of 1934, as amended, the said application [P. R. Doc. 47-72; Piled, Jan. 3, 1947; of Everglades Broadcasting Corporation 8:58 a. m.] (File No. B3-P-4258 ; Docket No. 7076) of the KJAN Broadcasting Co., Inc., be, and Paul Brake (File No. B3-P-4282; and it is hereby, designated for hearing Docket No. 7077), or in any other pend­ in the above-consolidated proceeding, at ing applications for broadcast facilities a time and place to be designated by sub­ [Docket Nos. 8006, 7823,782£] and, if so,l;he nature and extent thereof, sequent order of the Commission, upon the areas and populations affected there­ the following issues: P ocahontas B roadcasting C orp. et a l. by, and the availability of other broad­ 1. To determine the legal, technical, ORDER DESIGNATING APPLICATION FOR CON­ cast service to such areas and popula­ financial, and other qualifications of the SOLIDATED HEARING ON ‘STATED ISSUES tions. applicant corporation, its officers, direc­ * 6. To determine whether the installa­ tors and stockholders, to construct and In re applications of Pocahontas tion and operation of the proposed sta­ operate the proposed station. Broadcasting Corporation, Bluefield, tion would be in compliance with the 2. To determine the areas and popula­ West Virginia, Docket No. 8006, File No. Commission’s rules and Standards of tions which may be expected to gain or B2-P-5466; G. Lester Hash, N. Joe R a- Good Engineering Practice concerning lose primary service from the operation hall, and Fred William Simon, d/b as standard broadcast stations. of the proposed station and the char­ The Bluefield Broadcasting Company, acter of other broadcast service available Bluefield, West Virginia, Docket No. 7823, By the Commission. to those areas and populations. File No. B2-P-4990; Odes E. Robinson, [ se al] T. J. S l o w ie , 3. To determine the type and char­ Bluefield, West Virginia, Docket No. 7824, Secretary. acter of program service, proposed to File No. B2-P-5160; for construction per­ be rendered and whether it would meet mits. [F. R. Doc. 47-62; Filed, Jan. 3, 1947; the requirements of the populations and At a session of the Federal Communi­ 8:49 a. m.] areas proposed to be served. cations Commission, held at its offices in 4. To determine whether the operation Washington, D. C., on the 17th day of of the proposed station would involve December 1946; The Commission having under consid­ [Docket Nos, &005, 6862, 7810, 7809] objectionable interference with any ex­ isting broadcast stations and, if so, the eration the above-entitled application of K J A N B roadcasting C o ., I n c ., et a l . nature and extent thereof, the areas and Pocahontas Broadcasting Corporation for a construction permit for a new ORDER DESIGNATING APPLICATION FOR CON­ populations affected thereby, and the standard broadcast station to operate on SOLIDATED HEARING ON STATED ISSUES availability of other broadcast service to such areas and populations. 1240 kc, 250 w, unlimited time, at Blue-? In re applications of the KJAN' Broad­ 5. To determine whether the operation field, West Virginia; and casting Co., Inc., Opelousas, Louisiana, of the proposed station would involve It appearing, that the Commission, on Docket No. 8005, File No. B3-P-5143; objectionable interference with the serv- September 5, 1946, designated for hear­ Red River Valley Broadcasting Corp. ing in a consolidated proceeding the ap­ (K R R V ), Sherman, Texas, Docket No, 1 Presently operating on 910 kc, 1 kw power, plications of G. Lester Hash, N. Joe Ra- 6862, File No. B3-P-4105; Miami Broad- unlimited time, using a directional antenna. hall, and Fred William Simon, d/b as Saturday, January 4, 1947 FEDERAL REGISTER 79

The Bluefield Broadcasting Company [Docket No. 8008] application and more particularly the (Pile No. B2-P-4990, Docket No. 7823), purpose and intent of the applicant with E u g e n e B roadcasting S t a t io n (KORE) and Odes E. Robinson (Pile No. B 2 -P - respect to such filing and whether, in 5160, Docket No. 7824), both requesting ORDER DESIGNATING APPLIC^ION FOR CON­ fact, applicant had legal capacity to file a construction permit for a new standard SOLIDATED HEARING ON STATED ISSUES such application. - broadcast station to operate on 1240 kc, In re application of Violet G. Hill Mot- 8. To determine on a comparative basis 250 w, unlimited time, at Bluefield, West ter and Violet G. Hill Motter, Adminis­ which, if either, of the applications in Virginia; tratrix of the estate of Frank L. Hill, de­ this consolidated proceeding should be It is ordered, That, pursuant to section ceased, d/b as Eugene Broadcast Station granted. 309 (a) of the Communications Act of (K O R E ), Eugene, Oregon, for construc­ By the Commission. 1934, as amended, the said application tion permit; Docket No. 8008, File No. of Pocahontas Broadcasting Corporation B5-P-5470. [ s e a l] W m . P. M a ssin g , be, and it is hereby, designated for hear­ At a session of the Federal Communi­ Acting Secretary. ing in the above consolidated proceed­ cations Commission, held at its offices in [F. R. Doc, 47-68; Filed, Jan. 3, 1947; ing, at a time and place to be designated Washington, D. C., on the 17th day of 8:57 a. m.] by subsequent order of the Commission, December 1946; upon the following issues: The Commission having under consid­ 1. To determine the legal, technical, eration the above-entitled application financial, and other qualifications of the for; a construction permit to change the [Docket No. 8009] applicant corporation, its officers, direc­ frequency, power, and Iterating time of E rie B roadcasting C o . tors and stockholders, to construct and Station KORE from 1450 kc, 250 w, un­ operate the proposed station. limited time, t

s

) 82 NOTICES

of one year notes issued by Continental 1. Whether the notes proposed to be persons by publication of this order in under the Loan Agreement and the final issued and sold by Railways to banks are the F ederal R egister. installment of $15,750,000 on the ten reasonably adapted to the security struc­ By the Commission. year 2%% notes. The application fur­ ture of Railways and the other companies ther states that upon the sale of Conti­ in its holding company system and to [ se al] O rval L. D u B o is , nental’s investment in Columbus and the earning power of Railways, and Secretary. Southern Ohio Electric Company for whether the terms and conditions of the [F. R. Doc. 47-74; Filed, Jan. 3, 1947; approximately $38,000,000, the $20,000,- issue and sale thereof are detrimental to 8:56 a. m.] 000 of One Year Notes were paid in full the public interest or to the interest of and $18,050,175 was applied on the ten investors or consumers. year notes resulting in the payment of 2. Whether the proposed modifica­ the final installment of $15,750,000 in tions of the terms of Continental’s Loan [File Nos. 54-42, 54-69, 59-65] full and in the payment of the last three Agreement and of the. Agreement be­ semi-annual installments of $750,000 tween Railways and Continental are C entral S tates U t il it ie s C orp. et a l . each. As a result, it is stated that Con­ detrimental to the public interest or the NOTICE OF FILING AND NOTICE OF AND ORDER tinental’s loan was reduced from a ten interest of investors or consumers. RECONVENING HEARING year loan to an eight year loan which is 3. Whether the proposed issue and expected to be paid in full in seven years sale by Railways of notes and the pro­ At a regular session of the Securities from January 1, 1947, by the fixed semi­ posed modifications of the terms of Con­ and Exchange, Commission, held at its annual installments of $750,000 without tinental’s Loan Agreement and of the office in. the City of Philadelphia, Pa., on recourse to other funds. In addition, Agreement between Railways and Con­ the 27th day of December A. D. 1946. the application states that Railways and tinental are in other respects in con­ In the matter of Central S.tates Utili­ Continental, as well as the banks, are of formity with the applicable "provisions of ties Corporation, Central States Power & the opinion that the retention of the sections 6 (a) and 7 of the act. Light Corporation, Ogden Corporation, provisions referred to is no longer neces­ 4. Whether the proposed redemption File No. 54-42; Ogden Corporation and sary or desirable. Furthermore, the ap­ by Railways of all of its outstanding Subsidiary Companies, File No. 54-69; plication states that the elimination of Prior Preferred Stock is in conformity Ogden Corporation and Subsidiary Com­ the provisions referred to will permit with the applicable provisions of section panies, File No. 59-65. Railways to realize substantial immedi­ 12 (c) of the act and Rule U-42 there­ I. Notice is hereby given that Ogden ate savings by borrowing funds as here­ under and, insofar as applicable, of sec­ Corporation (“Ogden”), a registered inabove set forth and to apply such sav­ tions 9 and 10. holding company, has filed Amendment ings by borrowing funds as hereinabove 5. Whether the elimination of Rail­ No. 15 in these consolidated proceedings, set forth and to apply such savings to ways’ Prior Preferred Stock by the pro­ proposing an amended plan pursuant to reduce its senior securities, thus facili­ posed issue and sale by Railways of section 11 (e) and other applicable sec­ tating the simplification ahd improve­ promissory notes and the use of the pro­ tions of the act and the rules promul­ ment of Railway’s capital structure. ceeds thereof to redeem such preferred gated thereunder for the liquidation and It appearing to the Commission that stock is detrimental to the carrying out dissolution of its subsidiary registered It is appropriate in the public interest of the provisions of section 11 of the holding company, Central States Utilities and in the interest of investors and con­ act. Corporation (“Central Utilities”) , and of sumers that a hearing be held in respect 6. Whether the fees, commissions or the latter’s subsidiary, Central States of such matters and that said déclara-: other remuneration and the expenses Power & Light Corporation (“Central tion shall not become effective nor said to be paid in connection with the pro­ States”), a registered holding company: application be granted except pursuant posed. transactions are for necessary All interested persons are referred to to further order of the Commission: services and are reasonable in amount. said amended plan, which is on file in the It is ordered, That a hearing under 7. Whether the proposed transactions office of the Commission, for a full state­ the applicable provisions of the act and comply with all the requirements of the ment of the transactions proposed there­ the rules thereunder be held on the 10th applicable provisions of the act and the in, which may be summarized as follows: day of January 1947 at 10:00 a. m. e. s. t., rules thereunder, and whether any terms Central States and its subsidiaries have disposed of all their operating properties at the offices of the Securities and Ex­ and conditions with respect to the trans­ pursuant to separable plans heretofore change Commission, 18th and Locust actions should be prescribed in the pub­ Streets, Philadelphia 3, Pennsylvania. approved in these proceedings, and the lic interest or for the protection of remaining assets of Central States con­ On such date the hearing room clerk in investors or consumers. Room 318 will advise as to the room in sist almost exclusively of cash and invest­ It is further ordered, That at said which such hearing will be held. All ments in government bonds. After mak­ hearing evidence shall be adduced with persons desiring to be heard or other­ ing provision for the discharge of current wise wishing to participate in the pro­ respect to the foregoing matters and liabilities the net assets of Central States ceedings shall notify the Commission in questions. as of November 30,1946 amounted to ap­ the manner prescribed by Rule X V II It is further ordered, That the Secre­ proximately $1,935,000. The only action of the rules of practice on or before Jan­ tary of the Commission shall serve no­ remaining to consummate the liquidation uary 8, 1947. tice of said hearing by mailing a copy of of Central States is the distribution of It is further ordered, That Allen Mac- this order by registered mail to Railways the cash and investments now held by it to creditors and security holders entitled Cullen or any other officer or officers of and Continental; and that notice shall thereto. the Commission designated by it for that be given to all other persons by general purpose shall preside at the hearing in The following tabulation shows the release of this Commission which shall outstanding securities of Central States such matter. The officer so designated be distributed to the press and mailed to to preside at the hearing is hereby au­ at November 30, 1946, and their owner­ the mailing list for releases under the ship by its parent companies and by thorized to exercise all powers granted Act and. that further notice be given all others: to the Commission under Section 18 (c) of said act and to a hearing officer un­ Owned by— der the Commission’s rules of practice. Principal amount or The Public Utilities Division of the shares out­ Central _ standing Ogden Others Commission having advised the Commis­ Utilities ' sion that it has made a preliminary ex­ amination of the application and decla­ 6% debentures______$5,940,000 $5,108,040 $831,960 ration and that, on the basis thereof the S h a res S h a re s S h a re s S h a res following matters and questions are pre­ $7 cum. pfd. stock no par value r . ______80,000 13,473 66,527 Common stock no par value...... • sented for consideration without preju­ 40,000 40,600 dice to its specifying additional matters 1 Entitled to $100 per share and accrued dividends in involuntary liquidation, dividend arrears on January 1, 1947, or questions upon further examination: ■will amount to $8,392,000 or approximately $105 per share. S a t u r d a y , January 4, 1947 FEDERAL REGISTER 83

Central States had heretofore out­ paid (a) through the trustee for the 5% rights of such persons to such funds standing 5V2% First ¡Mortgage and First Debentures to the holders, other than expire. Lien Gold Bonds due 1953. On November Ogden, of the 5% Debentures ($831,950 (9) Central Utilities and Central 15,1944, the company deposited with the principal amount of debentures so held) States shall be dissolved. In this connec­ trustee for the bonds cash to pay in full an amount of cash equal to $81 for each tion, The Chase National Bank of the the remaining unpaid principal amount $100 principal amount of such deben­ City of New York, as trustee for Central of such bonds and accrued interest. On tures ($754,876) together with accrued Utilities’ bonds, shall vote the shares of November 30, 1946, there remained on and unpaid interest thereon to the effec­ common stock of Central States pledged deposit with the trustee $1,040,897 for the tive date of the Amended Plan (7%% or under the Trust Indenture in favor of payment of principal and interest on $62,397 on such debentures as of Jan­ the dissolution of Central States. bonds which have not been sent to the uary 1, 1947), and (b) through a bank (10) Ogden shall be liable and shall trustee for payment. or trust company, as Distributing Agent, pay all expenses of the dissolution of All interest on the publicly held de­ to the holders, other than Ogden, of the Central Utilities, and upon such dissolu­ bentures of Central States was paid reg­ $7 dividend Preferred Stock of Central tion there shall be transferred to Ogden ularly until January 1, 1946; interest on States;-(66,527 shares so held) an amount as payment on the principal of the bonds such debentures due on and subsequent of cash equal to $9.00 per share ($598,- of Central Utilities owned by Ogden all to January 1, 1946 has been escrowed 743). the remaining assets, if any, of Central pending the determination of the status (4) After providing for the payment Utilities. \ and rank of such debentures. Payment described in paragraphs (2) and (3) (11) It is further proposed by Ogden of interest on the debentures owned by above, Central States shall pay and turn that upon the entry by the Commission Ogden for the period from June 30,1942, over to Ogden, as payment on the prin­ of any order approving the amended has been conditionally waived by Ogden. cipal of the 5% Debentures of Central plan, the Board of Directors of Central Pursuant to an agreement dated June 20, States owned by Ogden, all the remain­ States and Central Utilities shall request 1941, Ogden deposited in escrow with ing assets of Central States free of any the Commission, pursuant to section 11 Manufacturers Trust Company the pay­ claim, lien or defense with respect (e) of the act, to apply to a competent ments of interest on the debentures thereto. court of jurisdiction to enforce and carry owned by it which became due on July (5) Ogden shall cause to be paid out the terms and provisions of the 1,1941, January 1,1942, and July 1,1942, through the trustee for the (J% Gold amended plan. When said amended aggregating $383,103, said agreement Bonds of Central Utilities to the holders plan is approved by such court, the providing that such funds shall be held of such bonds, other than Ogden, $370,- Boards of Directors of Central States intact until all questions of the status 900 principal amount of bonds so held) and Central Utilities may declare the < and rank of such debentures owned by an amount in cash equal to $7.50 for amended plan effective at any time with­ Ogden shall have been passed upon by each $100 principal amount of such in 90 days after such approval by the this Commission and any court having bonds ($27,817). court. The Boards of Directors, how­ jurisdiction. No dividends have been (6) The holders of the $7 Dividend ever, may, in their discretion, delay de­ paid on the preferred stock of Central Preferred Stock and common stock of claring the amended plan effective un­ States since December 31, 1931. Central Utilities, and the holder of the til all appeals from said court order The only assets of Central Utilities common stock of Central States, shall shall have been disposed of or until after consist of all the shares of common stock not be entitled to participate in the the time for appeal from such court or­ of Central States and less than $100 in liquidation of such companies. der shall have elapsed. cash. At November 30, 1946, Central (7) If and when the amended plan II. On May 20, 1943, the Commission Utilities had outstanding $3,500,000 prin­ shall become effective, and provision entered an order (1) directing, pursuant cipal amount of 6% Ten-Year Secured shall have been made for the payments to section 11 (b) of the act, among other J> Gold Bonds due January 1, 1938 (se­ described in paragraphs 3 (a) and 5 things, that Central States recapitalize cured by the common stock of Central above in respect of Central States’ de­ so as to distribute voting power fairly States), 32,000 shares of $7 cumulative bentures and Central Utilities’ bonds, and equitable among its security hold­ preferred stock, no par value, and 30,000 the respective trustees for such deben­ ers, Provided however, That such recapi­ shares of common stock, no par value. tures and bonds shall execute and deliver talization need not be effected if said Except for $370,900 principal amount of to the respective companies proper in­ company is liquidated and dissolved, and bonds and 9,594 shares of preferred struments evidencing the discharge of that Central Utilities be liquidated and stock, Central Utilities’ outstanding se­ the respective indentures securing such dissolved, and (2) approving, pursuant curities are owned by Ogden. No in­ securities, and the said companies shall to section 11 (e) of the act, a plan filed terest has been paid on the bonds Since thereafter be freed from all liabilities in by Ogden and certain of its subsidiary December 31, 1933, and no dividends on respect of such securities. companies which provided, among other the preferred stock since December 31, (8) If any holders, other than Ogden, things, that Central States and Central 1931. of the 5Va% First Mortgage Bonds, 5% Utilities would be liquidated and dis­ The amended plan is stated to be de­ Debentures and $7 Dividend Preferred solved (File Nos. 54-69 and 69-65). signed to effect a compromise of the Stock of Central States, and of the 6% Ogden has heretofore filed Amendment subordination issues heretofore raised in bonds of Central Utilities, shall not have No. 12 in these consolidated proceedings the proceedings herein, and makes the done all acts necessary to secure posses­ proposing a plan for the liquidation and following principal provisions for the sion of any of the funds on deposit dissolution of Central States and Cen­ final liquidation of Central States and with the trustees for the said bonds and tral Utilities (Holding Company Act Re­ Central Utilities: ' debentures and the Distributing Agent lease No. 5983); and hearings were held (1) The interest heretofore received for said preferred stock prior to Decem­ in respect thereto and the record was by Ogden on its holdings of Central ber 17, 1950, all rights of such persons closed. States’ debentures, aggregating $383,103, to any such funds shall cease and said It appearing to the Commission that and escrowed with the Manufacturers trustees and Distributing Agent, upon notice should be given and that the hear­ Trust Company, shall be paid to and be­ demand of Ogden, shall transfer to Og­ ing herein should be reconvened for the come part of the general assets of Cen­ den all such funds in their possession purpose of taking additional testimony in tral States. and Ogden shall be entitled to retain respect to the amended plan filed by (2) Central States shall pay, or make such funds free of any claim or lien Ogden: provision for the payment of, all of its with respect thereto; Provided, however, It is ordered, That the hearing herein That within a period not more than known current and accrued liabilities, be reconvened under the applicable pro­ sixty (60) days and not less than thirty and shall reserve and set aside funds visions of the act and the rules of the (30) days prior to December 17, 1950, Commission thereunder on , sufficient to pay the expenses, and fees Ogden shall at its expense cause said of liquidation. .; • trustees and Distributing Agent to pub­ 1947, at 11:00 a. m,, e. s. t., at the office (3) After the payment, or making pro­ lish once a week for three successive of the Securities and Exchange Com­ vision for the payment, of the liabilities calendar weeks in a newspaper of gen­ mission, 18th and Locust Streets, Phila­ and expenses provided in paragraph (2) eral circulation in New York, Boston and delphia 3, Pennsylvania. On that date, above, Central States shall cause to be Chicago a notice of the time when the the hearing room clerk in Room 318 will M NOTICES

advise as to the room in which the hear­ of the amended plan pursuant to section capital stock of the constituent compa­ ing will be held. It is requested that any 11 (d) of the act. person desiring to be heard in these pro­ nies (except directors’ qualifying shares), It is further ordered, That particular as follows: (a) $5,764,457.38 par value ceedings shall file with the Secretary of attention be directed at said hearing to the Commission on or before , thereof will be issued through reclassi­ the foregoing matters and questions. fication and conversion of the presently 1947, an appropriate request or appli­ Notice is hereby given of said hear­ cation to be heard, as provided by Rule outstanding capital stock of the con­ ing to Central States, Central Utilities, stituent corporations, (b) $2,506,850 par X V II of the Commission’s rules of prac­ Ogden, Continental Illinois National tice. value thereof will be issued for cash, and Bank and Trust Company of Chicago, (c) $228,692.62 par value thereof will be It is further ordered, That Robert Indenture Trustee of Central States’ 5% Reeder or any other officer or officers of issued in capitalization of a like amount Debentures, The Chase National Bank of of capital surplus of Gas Service. the Commission designated by it for that the City of New York, Indenture Trus­ purpose shall preside at the hearing. Gas Service will borrow $16,000,000 tee of Central Utilities’ 6% Ten-Year from four banks and one insurance com­ The officer so designated to preside at Secured Gold Bonds, Manufacturers the hearing is hereby authorized to ex­ pany and issue therefor its notes due Trust Company, and to all interested serially in amounts of $1,100,000 annu­ ercise all powers granted by the Com­ persons, said notice to be given to Cen­ mission under section 18 (c) of the act ally beginning April 1, 1948 with a final tral States, Central Utilities, Ogden, Con­ and to a hearing officer under the Com­ maturity of $6,100,000 due December 1, tinental Illinois National Bank and Trust mission’s rules of practice. 1956. Such notes will bear interest at Company of Chicago, The Chase N a­ the rate of 2 ^2 % per annum for the first The Public Utilities Division having tional Bank of the City of New York, advised the Commission that it has made seven maturities, 2%% per annum for and Manufacturers Trust Company by a preliminary examination of said the next two maturities and 3% per an­ registered mail, and to all other persons amended plan, and that, on the basis num for the final maturity. by a general release of this Commission thereof, the following matters and ques­ The proceeds from the safe of the com­ which shall be distributed to the press tions are presented for consideration by mon stock to be issued for cash and from and mailed to ali persons on the mailing the Commission without prejudice, how­ the issue of notes, aggregating $18,506,- list for releases issued under the act and ever, to the presentation of additional 850, will be used to retire or redeem the by publication in the F ederal R eg ister . matters and questions upon further ex­ remaining outstanding securities of the It is further ordered That Central amination, and to the consideration of constituent corporations, consisting of States and Central Utilities shall give those issues cited in the Commission’s, bonds and notes, for $16,708,303, the re­ additional notice of this hearing to all notice and order of August 11, 1945 demption price thereof. Of this amount, their security holders (insofar as the (Holding Company Act Release No. 5983) Cities, as the owner of- $1,548,000 prin­ identity of such security holders is known in respectif the plan heretofore filed cipal amount of First Mortgage Bonds or is available to them) by mailing to herein by Ogden as Amendment No. 12, of Wyandotte and $6,831,928 face each of said persons a copy of this no­ insofar as such issues may also be ap­ amount of 6% Demand Notes of Gas tice and order at his last known address plicable to said amended plan; Service, will receive $8,379,928. The bal­ at least fifteen days prior to the date of ance of the debt securities in the prin­ 1. Whether the amended plan, as pro­ hearing. posed, or as it may hereafter be modi­ cipal amount of $8,250,000 are owned by By the Commission. fied, is necessary to effectuate the pro­ private institutions. The net proceeds visions of section 11 (b) of the act and is [ s e a l ] O rval L. D u b o is , remaining after retirement of debt se­ fair and equitable to the persons affected Secretary. curities and payment of expenses will be thereby: added to the general funds of Gas Serv­ [P. R. Doc. 47-75; Filed, Jan. 3, 1947; 2. More particularly, whether the ' 8:56 a. m.J ice for general corporate purposes. treatment proposed to be accorded to the Said applications and declarations - public security holders of Central States having been filed on November 22, 1946, and Central Utilities and to Ogden in re­ and amendments thereto having been gard to their respective claims is fair and [File No. 70-1405] filed from time to time, and notice of equitable to such persons; said filing having been given in the form 3. Whether the period of time expiring C it ie s S ervice C o . et at.. and manner prescribed by Rule U-23 promulgated pursuant to said act, and December 17, 1950, within which the ORDER GRANTING APPLICATION AND PERMIT­ the Commission not having received a holders, other than Ogden, of Central TING DECORATION TO BECOME EFFEdfvE States’ 5%% bonds, 5% debentures and request for hearing with respect to said $7 preferred stock, and Central Utilities’ At a regular session of the Securities applications and declarations within the 6% bonds, are required pursuant to the and Exchange Commission, held at its period specified in said notice or other­ amended plan to claim the funds on de­ office in the City of Philadelphia, Pa., wise, and not having ordered a hearing posit for such security holders or there­ on the 30th day of December A. D. 1946.' thereon; and after lose any claim thereto, is adequate ; In the matter of Cities Service Com­ The Commission having been advised, 4. Whether any fees, expenses and pany, The Gas Service Company, Kansas by amendment, that the aforesaid trans­ other considerations which may be' City Gas Company, The Wyandotte actions have'been approved, to the ex­ claimed in connection with the proposed County Gas Company, File No. 70-1405. tent necessary, by the Public Service amended plan and related -»proceedings Applications and declarations, and Commission of Missouri and the State are for necessary services or purposes, amendments thereto, having been filed Corporation Commission of Kansas; and reasonable in amount, and properly allo­ with this Commission, pursuant to the Applicants-declarants having re­ cated; Public Utility Holding Company Act of quested that the Commission issue its 5. Whether, and in what manner, the 1935, particularly sections 6 (it),'7, 9 (a ), order with respect to the proposed trans­ proposed amended plan should be modi­ 10, 12 (c) and 12 (f) thereof, by Cities actions as soon as practicable and that fied to ensure adequate protection of the Service Company (“Cities”) , a registered such order become effective forthwith public interest and the interest of inves­ holding company, and its public utility upon issuance; and tors and consumers and compliance with subsidiaries, The Gas Service Company Applicants-declarants having stated all applicable provisions of the act and (“Gas Service”) , Kansas City Gas Com­ that the applications and declarations rules thereunder; pany (“Kansas City”) and The Wyan­ herein do not constitute requests for 6. Whether, in the event that the Com­ dotte County Gas Company (“Wyan­ modification of presently outstanding mission shall approve the amended plan dotte”), with respect to the following orders, issued by the Commission under as filed or as modified, the Commission transactions: section 11 (b) (1), regarding*the retain- shall approve said plan for purposes of It is proposed to merge Kansas City ability by Cities of its interests in the section 11 (d) of the act (as well as sec­ and Wyandotte into Gas Service, which subject companies and that it is not in­ tion 11 (e) ) so as to permit the Commis­ will be the surviving company. Gas tended that the approval of such appli­ cations and declarations will result in sion of its own motion and irrespective Service will create a total authorized cap­ any modifications of such orders; and of any request therefor on the part of italization of 850,000 shares of $10 par The Commission finding with respect Central States, Central Utilities or Ogden value common stock, all of which will be to apply to a court for the enforcement to such applications and declarations, issued to Cities, the owner of all of the as amended, that the requirements of Saturday, January 4, 1947 FEDERAL REGISTER 85 the applicable provisions of the act and proved the issuance of common stock to capital surplus. The proposed sales the rules thereunder are satisfied and by the Pittston Gas Company.1 price will, however, result in a loss to that no adverse findings are necessary Ware, a resident of Oxford, Pennsyl­ York for tax purposes which will reduce thereunder, and deeming it appropriate vania, is the owner of 100% of the capital its estimated taxes for 1946 by approxi­ in the public interest and in the interest stock of eight other gas utility companies mately $62,000. of investors and consumers that said and of Penn Fuel Gas, Inc., an exempt The average annual income of Pittston applications and declarations, as amend­ holding company which owns the entire for the period 1941-1945 has been $12,206; ed, be granted and permitted to become capital stock of three gas utility com­ the net income for the twelve month effective: ' panies. All of these operating companies period ended August 31,1946 was $21,466. It is ordered, Pursuant to Rule U-23 are located in Pennsylvania within a Ware represents that he expects to make and the applicable provisions of said radius of 150 miles of Oxford, Pennsyl­ economies in the operations of the ac­ act, and subject to the terms and condi­ vania. Ware also owns slightly less than quiring company which will result in net tions prescribed in Rule U-24, that said 50% of the capital stock of Salem Gas savings of approximately $5,000 annually. applications and declarations, as amend­ Company, located in Salem, New Jersey, The costs to be incurred by Pittston in ed, be, and hereby are, granted and per­ and is president and director of Citizens the sale of its assets and subsequent dis­ mitted to become effective forthwith. Gas & Fuel Company, all the securities solution will be legal fees in the approxi­ of which are owned by his mother. He mate amount of $3,200 and $1,000 of By the Commission. has an interest in a pumber of non- expenses. No fees or commissions, will [SEAL] ORVAL L. DUBOIS, utility businesses including Gas-Oil be paid by Ware in connection with the Secretary. Products Co. which supplies all the pro­ proposed transaction except legal fees [F. R. Doc. 47-77; Piled, Jan. 3, 1947; pane gas used by a number of his gas and expenses estimated not to exceed 8:56 a. m.] utility companies. $5,000. The proposed purchase price of $266,- We have considered the proposed 000, subject to certain adjustments for transactions in the light of the standards changes in net current assets, repre­ of sections 10, 12 (c) and 12 (d) of the [File Nos. 70-1401 and 70-1399] sents payment for the assets of Pittston act and we find that such standards are including cash in the amount of $83,281, satisfied.. P eoples L ig h t C o . of P it t s t o n et al, as of August 31, 1946 and other net cur­ It is therefore ordered, Pursuant to MEMORANDUM FINDINGS, OPINION AND rent assets. the applicable provisions of said act and ORDER PERMITTING DECLARATIONS TO BE­ The gross utility plant to be sold is subject to the terms and conditions pre­ COME EFFECTIVE stated on the books of Pittston at $606,901 scribed in Rule U-24 that the aforesaid as of August 31,1946 against which there applications and declarations be, and At a regular session of the Securities is a depreciation reserve of $278,547, or hereby are, granted and permitted to and Exchange Commission, held at its net plant per books of $328,354. An orig­ become effective forthwith. office in the City of Philadelphia, Pa., on inal cost study of the plant account of the 26th day of December A. D. 1946 % By the Commission. Pittston has been completed and sub­ In the Matter of Peoples Light Com­ mitted to the Pennsylvania Public Utility [SEAL] ORVAL L. DuBOIS, pany of Pittston, York County Gas Com­ Commission. The study has not yet been I Secretary. pany, Pennsylvania Gas & Electric approved nor have the results been Corporation, File No. 70-1401; John H. [P. R. Doc. 47-79; Filed, Jan. 3, 1947; recorded on the company’s books. The Ware, 3d, File No. 70-1399. 8:56 a. m.] testimony indicates that if the study Peoples Light Company of Pittston were adopted there would be no sub­ (“Pittston”) a gas utility company, its stantial effect on the books of the com­ corporate parent York County Gas Com­ pany at this time. [File Nos. 7-932— 7-954] pany (“York”), a gas utility company The difference of $172,286 between the and an exempt holding company, and A l l ie d S tores C o r p. et a l . net property account as stated on the Pennsylvania Gas & Electric Corpora­ booksof Pittston and the net cost thereof NOTICE AND ORDER OF HEARING ON APPLICA­ tion (“Penn Corp”) , a registered holding to the Pittston Gas Company will be TIONS FOR UNLISTED TRADING PRIVILEGES company and the parent of York, and credited to Account 100.5, to be disposed John H. Ware, 3d, of Oxford, Pennsyl­ At a regular session of the Securities of as may be required by the Pennsylva­ vania, have filed applications and dec­ and Exchange Commission, held at its nia Public Utility Commission. larations with this Commission pursuant office in the City of Philadelphia, Pa., York carries its investment in Pittston to sections 9, 10, and 12 of the Public on the 30th day of December A. D. 1946. at $385,702 less a reserve of $235,702 set Utility Holding Company Act of 1935 In the matter of Applications by the up in 1945, or at a net book amount of (“Act”) and Rules U-23, U-44, and U-46 Cincinnati Stock Exchange for Unlisted $150,000. The difference of $101,667 be­ promulgated thereunder. Trading Privileges in Twenty-Three (23) tween the proceeds to be received from Pittston proposes to sell to John H. Securities, File Nos. 7-932 to, 7-954 in­ the liquidation of Pittston, estimated by Ware, 3d, or his nominee, substantially clusive. York to be $251,667, and the net book all its property and assets for a base price The Cincinnati Stock Exchange, pur­ amount of the investment will be credited of $266,000 in cash, subject to closing ad­ suant to section 12 (f) (2) of the Securi­ justments. Upon the consummation of ties Act of 1934 and Rule X-12F-1 there­ l The record indicates that the capitaliza­ this sale it is proposed that Pittston be tion of Pittston Gas Company, alj. of which under, has made application for unlisted dissolved and liquidated and that Pitts­ will be initially owned by Ware, will consist trading privileges in the following se­ ton pay to York, the owner of all the of 700 shares of common capital stock ($50 curities, which are listed and registered capital stock of Pittston, its remaining par value per share), a $160,000 4% Note due on other national securities exchanges assets as a liquidating dividend. York on or before November 1, 1947, and a 5% as indicated below : Demand Note in the approximate amount will use the cash so acquired to pay the Allied Stores Corporation, Common Stock, balance of its outstanding serial notes of $66,000 or such other amount as with the proceeds from the 700 shares and $160,000 4% No Par Value, Listed: New York Stpck Ex­ in the amount of $262,500 now hold by Note will be required to consummate the change. the Commerical National Bank and Trust transactions. The record indicates that American Airlines, Incorporated (Dela­ Company of New York. Ware intends to retain only the common ware) , Common Stock, $1.00 Par Value, The-assets of Pittston will be acquired stock of Pittston Gas Company and that Listed: New York Stock Exchange. by the Pittston Gas Company, a newly the other securities are to be paid or re­ American Telephone and Telegraph Com­ organized gas utility company, all the funded. The issuance of these securities and pany, Common Stock, $100.00 Par Value, Listed: Boston Stock Exchange, Chicago securities of which ‘ will be owned by the acquisition of the Pittston assets are not before uc, since Pittston Gas Company is Stock Exchange, New York Stock Exchange, Ware. not a subsidiary of a registered holding Philadelphia Stock Exchange, Washington The Pennsylvania Public Utility Com­ company. The acquisition by Ware of the Stock Exchange. mission has approved the sale of assets securities of Pittston Gas Company comes The Chesapeake & Ohio Railway Company, by Pittston and the acquisition by the before us pursuant to the requirements of Common Stock, $25.00 Par Value, Listed: Pittston Gas Company and has also ap­ section 9 (a ) (2) of the act. New York Stock Exchange. 86 NOTICES

Colgate Palmolive Peet Company, Common interest or for the protection of in­ It ishereby ordered, Pursuant to Rule Stock, No Par Value, Listed: New York Stock vestors. Exchange. U-23 and the applicable provisions of The Commonwealth & Southern Corpora- Therefore it is ordered, That a public the act and rules thereunder, and subject tion, Common Stock, No Par Value, Listed: hearing be held before Frank D. Emerson to the terms and conditions prescribed in New York Stock Exchange. as hearing officer at 10:00 a. m. on Rule U-24, that the application-declara­ Curtiss Wright Corporation, Common Wednesday, ,1947, at the office tion, as amended, be, and the same here­ Stock, $1.00 Par Value, Listed: New York of the Securities and Exchange Commis­ by is, granted and permitted to become Stock Exchange. sion, 1370 Ontario Street, Cleveland, effective forthwith. Dayton Power and Light Company, Com­ Ohio. mon Stock, $7.00 Par Value, Listed: New York It is further ordered, That the follow­ Stock Exchange. By the Commission. ing transactions are necessary or appro­ Federated Department Stores, Incorpo­ priate to effectuate the provisions of sec­ rated, Common Stock, No Par Value, Listed: [ s e a l] O rval L. D u B o is , tion 11 (b) of the Public Utility Holding New York Stock Exchange. Secretary. Company Act of 1935: General Electric Company, Common Stock, [F. R. Doc. 47-78; Filed, Jan. 3, 1947; 1. The transfer,- delivery and distribu­ No Par Value, Listed: Boston Stock Ex­ 8:56 a. m.]. tion by N Y PA NJ to GPU of the assets change, New York Stock Exchange. hereafter enumerated, subject to the lia­ The National Cash Register Company, Com­ mon Stock, No Par Value, Listed: New York bilities of N Y PA NJ: Stock Exchange. Name of issuer and Shares or The New York Central Railroad Company, [File No. 70-1350] title of issue principal Common Stock, No Par Value, Listed: New N Y P A NJ U t il it ie s C o . and G eneral Spring Brook Water Company: . amount ' York Stock Exchange. Common capital stock______* 2, 250 P u b l ic U t il it ie s C orp. The North American Company, Common 20-year 6-percent note due Stock, $10.00 Par Value, Listed: New York ORDER GRANTING APPLICATION AND PERMIT­ June 1, 1951------_ ’ $20, 000. 00 Stock Exchange. TING DECLARATION TO BECOME EFFECTIVE Open account advance______$62,221.32 The Ohio Oil'Company, Common Stock, No New York State Electric & Gas Par Value, Listed: New York Stock Exchange. At a regular session of the Securities Corp. : Common capital stock, 146, 434 Packard Motor Car Company, Common and Exchange Commission, held at its Rochester Gas & Electric Corp.: Stock, No Par Value, Listed: Detroit Stock office in the City of Philadelphia, Penn­ Common capital stock______1 775,914 Exchange, New York Stock Exchange. sylvania, on the 27th day of December Canadea Power Corp.: Common The Pennsylvania Railroad Company, Com­ 1946. capital stock______i 40, 000 mon Stock, $50.00 Par Value, Listed: Boston Staten Island Edison Corp.: Stock Exchange, Chicago Stock Exchange, General Public Utilities Corporation Comon capital stock______. 1260, 000 New York Stock Exchange, Philadelphia (“G PU”) , a registered holding company, Jersey Central Power & Light Stock Exchange. and its wholly owned subsidiary, N Y PA Corp.: Common capital stock. 11, 053, 761 Pepsi-Cola Company, Common Stock, 33%^ NJ Utilities Company (“N Y PA NJ”), Metropolitan Edison Co.: Com­ Par Value, Listed: New York Stock Exchange. also a registered holding company, hav­ mon capital sto ck ...______i 360, 780 Radio Corporation of America, Common ing filed a joint application-declaration, Northern Pennsylvania Power Stock, No Par Value, Listed: New York Stock Co. : Common capital stock___ 122,130 Exchange. as amended, pursuant to sections 9 (a ), 10 and 12 of the Public Utility Holding New Jersey Power & Light Co.: Socony-Vacuum Oil Company, Inc., Com­ Common capital stock______187, 500 mon Stock, $15.00 Par Value, Listed: New Company Act of 1935 (“Act”), with re­ Atlantic Utility Service Corp.: York Stock Exchange. spect to the following transaction; Common capital stock______1300 Standard Oil Company (New Jersey), N Y PA NJ proposes to dissolve and, New England Gas & Electric As­ Common Stock, $25.00 Par Value, Listed:’ in connection therewith, GPU, as N Y PA sociation : $5.50 dividend series New York Stock Exchange. NJ’s sole stockholder, will surrender to preferred shares______117, 744 Standard Oil Company (Ohio), Common N Y PA NJ for cancellation all the out­ 1 Shares. Stock, $10.00 Par Value, Listed: Cleveland standing stock of N Y PA NJ add will Stock Exchange, New York Stock Exchange. acquire, pursuant to said dissolution, all 2. The surrender and delivery by GPU United States Steel Corporation, Com­ to N Y PA NJ for cancellation of all the mon Stock, No Par Value, Listed: Chicago the Bssets of N Y PA NJ, subject to its Stock Exchange, New York Stock Exchange, liabilities, if any. outstanding shares of stock of N Y PA NJ. Stock Exchange. Such joint application-declaration, as By the Commission. Westinghouse Electric Corporation, Com­ amended, having been duly filed, and mon Stock, $12.50 Par Value, Listed: Bos­ notice of said filing having been duly [ s e a l] O rval L. D u B o is , ton Stock Exchange, Chicago Stock Ex­ given in the form and manner prescribed Secretary. change, New York Stock Exchange, Pitts­ by Rule U-23 promulgated pursuant to burgh Stock Exchange. [F. R. Doc. 47-80; Filed, Jan. 3, 1947; said act and the Commission not h av-. 8:56 a. m.] Rule X-12F-1 provides that the appli­ ing received a request for hearing with cant shall furnish a copy of the appli­ respect to said joint application-dec­ cation to each respective issuer and to laration, as amended, within the period every other national securities i ex­ specified in said notice or otherwise, and [File Nos 59-82, 54-51] change on which each of the above not having ordered a hearing thereon; respective securities are listed or and M e m p h is S treet R a il w a y C o . and admitted to unlisted trading privileges. The Commission finding with respect N a t io n a l P o w e r a n d L ig h t C o . The applications are available for pub­ to the application-declaration, as NOTICE OF FILING OF AMENDED PLAN AJ?D lic inspection at the Commission’s amended, that the requirements of the NOTICE OF AND ORDER FOR HEARING principal office in Philadelphia, Penn­ applicable provisions of the act and sylvania. rules thereunder are satisfied, that no At a regular session of the Securities adverse findings are necessary thereun­ and Exchange Commission, held at its The Commission deems it necessary office in the City of Philadelphia, Penn­ that a hearing be held in this matter to der, and deeming it appropriate in the public interest and in the interests of in­ sylvania, on the 19th day of December determine whether there exists in the vestors and consumers that the said ap­ A. D. 1946. vicinity of the applicant exchange suf­ plication-declaration, as amended, be The Commission having on November ficiently widespread public distribution granted and permitted to become effec­ 13,1945 instituted proceedings under sec­ of each of these securities and sufficient tive, and deeming it appropriate to grant tions 11 (b) ((2 ), 12 (c), 15 if) and 20 public trading activity in each of these the request of applicants-declarants (a) of the Public Utility Holding Com­ securities to render the extension of un­ that the order become effective at the pany Act of 1935 with respect to The listed trading privileges on the applicant earliest date possible; and further deem­ Memphis Street Railway Company (“Memphis”), a subsidiary of Memphis exchange necessary or appropriate in the ing it appropriate that the request of ap­ Generating Company, in turn, a subsidi­ public interest or for the protection of plicants-declarants that the order con­ investors; and to determine whether the ary of National Power & Light Company form to the requirements of the Internal (“National”), a registered holding com­ extension of unlisted trading privileges Revenue Code, as amended, including pany, which in turn is a subsidiary of to each of these securities otherwise is sections 373 (a) and 1808 (f) thereof be Electric Bond and Share Company, also necessary or appropriate in the public granted; a registered holding company; and Saturday, January 4, 1947 . FEDERAL REGISTER 87

National having filed a plan and mon stock of Memphis will have one vote tions thereof, should be modified or amendments thereto pursuant to sec­ per share and each share of the pre­ amended. tion 11 (e) of the act for the rearrange­ ferred stock will have seven votes per (2) Whether the securities of Memphis ment of the capital structure of Mem­ share, and such charter will also contain to be outstanding upon consummation phis, providing, among other things, that further provisions, deemed appropriate of the plan will be reasonably adapted to Memphis issue (a ) two shares-of common for the protection of preferred stock­ the security structure and earning power stock, par value $50, in exchange for holders. of the company and will otherwise meet each share of its outstanding 21,710 National has requested that the Com­ tbe standards of the act. shares of 4% preferred stock, par value mission, in the event that this amended (3) Whether the terms and conditions $100, and (b) an aggregate of 54,641 plan is approved, apply to an appropri­ of the amended plan relating to the pre­ shares of common stock, par value $50, ate District Court of the United States ferred stock of Memphis, particularly the in exchange for its outstanding 27,593 for an order to enforce and carry out the proposed payment of $£0 per share as a shares of common stock, par value $100; provisions of said amended plan. It is liquidating dividend and the proposed and the Commission having in its notice proposed that the effective date of the special dividend aggregating $32 per of filing and order for hearing issued amended plan shall be the date on which share, are detrimental to the public in­ March 27, 1946 (Holding Company Act the District Court issues its enforcement terest or the interest of investors and Release No. 6506) consolidated the pro­ order or such other date as may be deter­ consumers. ceedings with respect to such plan with mined by said Court. (4) Whether the accounting entries in the proceedings previously instituted National has further requested that if connection with the proposed plan are pursuant to section 11 (b) (2) of the act the Commission approves the amended appropriate and in conformity with referred to above; and hearings having plan its order shall contain recitals and sound accounting principles. been held pursuant to said notice, exten­ specifications conforming to the require­ (5) Whether, if the proposed amended sive testimony having been taken, num­ ments of the Internal Revenue Code, as plan is authorized in whole or in part by erous exhibits having been presented and amended, including section 1808 (f) and the Commission, it is appropriate in the said hearings having been continued sub­ Supplement R thereof. public interest and in the interest of in­ ject to the call of the Hearing Officer The Commission being required by the vestors and consumers that any terms or order of the Commission; provisions of section 11 (e) of the act, and conditions be imposed in connection Notice is hereby given that National before approving any plan thereunder, with such authorization, and, if so, what has filed with the Commission pursuant to find after notice and opportunity for such terms and conditions should be. to section 11 (e) of the act an amended hearing that the plan, as submitted, or (6) Whether the amended plan, as filed plan for the rearrangement of the capi­ as modified, is necessary to effectuate or as modified, makes appropriate pro­ tal structure of Memphis in substitution the provisions of subsection (b) of sec­ vision for the payment of expenses, fees for the plan heretofore filed. tion 11 of the act and is fair and equita­ and remuneration in connection with the All interested persons are referred to^ ble to the persons affected thereby, and reorganization, in what amounts such ex­ the aforesaid amended plan which is on it appearing appropriate to the Commis­ penses, fees and remuneration should file in the office of this Commission for sion that a hearing be held upon the be paid, and the fair and equitable al­ a full statement of the transactions amended plan to afford all interested location thereof. therein proposed which may be sum­ persons an opportunity to be heard with • (7) Whether the proposed amended marized as follows: respect thereto; plan constitutes a step in compliance It is proposed that Memphis effect a It is ordered, That a hearing under the with the order of the Commission dated partial liquidation of its outstanding applicable provisions of the act and the August 23, 1941 issued pursuant to sec­ 21,710 shares of 4% preferred stock, par rules thereunder be held on , tion 11 (b) (2) of the act directing the value $100, by distributing to the holders 1947 at 10 a. m., e. s. t., at the offices of dissolution of National. of such stock a liquidating dividend of the Securities and Exchange Commis­ It is further ordered, That at said $50 per share in cash and that the com­ sion, 18th and Locust Streets, Philadel­ hearing evidence shall be adduced with pany amend its charter so as to provide phia 3, Pennsylvania. On such date the respect to the foregoing matters and that after January f, 1947, such preferred hearing room clerk in Room 318 will ad­ Questions. stock shall be entitled to (a) regular vise as to the room in which such hearing It is further ordered, That notice of cumulative dividends in the amount of will be held. All persons desiring to be this hearing be given to Electric Bond $2.00 per annum in lieu of the former heard or otherwise wishing to participate and Share Company, National, Memphis dividend of $4.00 per annum and (b) a in the proceedings shall notify the Com­ Generating Company, Memphis, The special and additional dividend or divi­ mission in the manner prescribed by Public Utilities Commission of the State dends aggregating $32 per share payable Rule X VII of the rules of practice on or of Tennessee, the City of Memphis and out of net income available after Decem­ before , 1947. Central Hanover Bank and Trust Com­ ber 31,1946, after deduction in each year It is further ordered, That Allen Mac- pany, as Trustee for the Memphis 4% of allowances for annual bond maturities Cullen or any other officer or officers of serial mortgage bonds, by registered mail and regular preferred stock dividends. the Commission designated by it for that and to all other persons by publication In consideration for such special $32 divi­ purpose shall preside at the hearing in of this notice and order in the F ederal dend provision, the plan provides that all such matter. The officer so designated R egister and by a general release of the arrearages of dividends on the preferred to preside at the hearing is hereby auth­ Commission distributed to the press and stbck amounting to $32 per share as of orized to exercise all powers granted to mailed to the mailing list for releases December 31, 1946, shall be waived and the Commission under section 18 (c) of issued under the Public Utility Holding cancelled. said act and to a hearing officer under Company Act of 1935. National proposes, under its dissolu­ the Commission’s rules of practice. It is further ordered, That Memphis tion program, to acquire from Memphis The Public Utilities Division of the shall give notice of this hearing to all Generating Company the outstanding Commission having advised the Commis­ its preferred stockholders (insofar as the 27,593 shares of common stock of Mem­ sion that it has made a preliminary ex­ identity of such stockholders is available phis and thereupon to surrender to amination of the amendment and that, or known to it), by mailing'to each of said persons a copy of this notice of fil­ Memphis for cancellation 13,952.75 upon the basis thereof, the following ing and notice of and order for hearing shares of such common stock, the re­ matters and questions are presented for together with a copy of the proposed plan maining 13,640.25 shares of such common consideration without prejudice to its for the rearrangement of the capital stock to be reclassified as 272,805 shares specifying additional matters or ques­ . structure of Memphis, at his last known of common stock having a par value of $5 tions upon further examination: address at least ten days prior to the date per share. National then proposes to (1) Whether the amended'plan, as of said hearing. distribute to its own common stockhold­ submitted or as. hereafter modified, is By thb Commission. ers the 272,805 shares of common stock necessary to effectuate the provisions of of Memphis thus received. section 11 (b) (2) of the act, and is fair [ se al] O rval L. D u B o is , The charter of Memphis will also be and equitable to the persons affected Secretary, amended to provide that upon consum­ thereby, and if not, in what respects said [F. R. Doc. 47-81; Filed, Jan. 8, 1947; mation of the plan each share of com- amended pian, including any modifica- 8:56 a. m.] 88 NOTICES

[Pile No. 70-1410] lic hearings, having approved such ap­ known as Herm F. Sahlender, also known G eneral P u b lic U t il it ie s C orp. and plications and declarations and having as Hermann F. Sahlender, also known as A t la n t ic U t il it y S ervice C orp. found that such program apparently Herman F. Sahlender, deceased, is prop­ was designed to meet the issues raised erty payable or deliverable to, or claimed ORDER GRANTING APPLICATION AND PERMIT­ in said proceedings under sections 11 by, the aforesaid nationals of a desig­ TING DECLARATION TO BECOME EFFECTIVE (b) (2) and 15 (f) and having stated nated enemy country () ; At a regular session of the Securities that said proceedings would be dis­ 4. That such property is in the process and Exchange Commission, held at its missed upon consummation of such re­ of administration by Anglo California office in the city of Philadelphia, Penn­ financing program; and National Bank of San Francisco, as sylvania, on the 23d day of December Central Illinois Public Service Com­ trustee, acting under the judicial super­ 1946. pany having filed its Certificate of Noti­ vision of the Superior Court of the State General Public Utilities Corporation fication with respect to the consumma­ of California, County and City of San ( “G PU ”), a registered holding company, tion of such refinancing program and Francisco; and its non-utility subsidiary, Atlantic having filed a request that the Com­ and it is hereby determined: Utility Service Corporation (“Auscorp”), mission dismiss said proceedings under 5. That to the extent that the above having filed a joint application-declara­ sections 11 (b) (2) and 15 (f) ; and named persons and the surviving issue tion pursuant to sections 9 (a) (1) and It appearing to the Commission that ‘of Friderich Sahlender, the surviving is­ 10 of the Public Utility Holding Company the conditions, which necessitated the sue of August Sahlender, the surviving Act of 1935, with respect to the following institution of said proceedings no longer issue of Gustav Sahlender, the widow, transactions: exist; and name unknown, of Gustav Sahlender, Auscorp proposes to sell to GPU 10 The Commission deeming it appropri­ deceased, the surviving issue of George shares of Class B Common Capital Stock, ate in the public interest and in the inter­ Mayer, and the surviving issue of without nominal or par value, of Employ­ ests of investors and consumers to dis­ Johanne Jochims, are not within a desig­ ees Welfare Association, Incorporated miss said proceedings: nated enemy country, the national in- (Del.) (“EW A ”) for $1,000 in cash, which It is ordered, That the proceedings trfest of the United States requires that stock constitutes the entire outstanding heretofore instituted pursuant to sec­ such persons be treated as nationals of a capital stock of EWA, a non-utility sub­ tions 11 (b) (2) and 15 (f) of the Public designated enemy country (Germ any). sidiary engaged in the business of ad­ Utility Holding Company Act of 1935 All determinations and all action re­ ministering certain insurance plans for with respect to Central Illinois Public quired by law, including appropriate con­ the employees of companies in the GPU Service Company be, and hereby is, dis­ sultation and certification, having been system and certain other companies missed. made and taken, and, it being deemed which were formerly in the system. By the Commission. necessary in the national interest, The application-declaration having There is hereby vested in the Attorney been filed December 4, 1946 and notice [ s e a l] * O rval L. D u B o is , General of the United States the prop­ of said filing having been given in the Secretary. erty described above, to be held, used, ad­ form and manner prescribed by Rule [P. R. Doc. 47-83; Filed, Jan. 3, 1947; ministered, liquidated, sold or otherwise U-23 promulgated pursuant to said act, 8:57 a. m-.] dealt with in the interest of and for the and the Commission not having received benefit of the United States. a request for hearing with respect to said The terms “national” and “designated application within the period specified DEPARTMENT OF JUSTICE enemy country” as used herein s'fiall have in said notice or otherwise, and not hav­ the meanings prescribed in section 10 of ing ordered a hearing thereon; Office of Alien Property Executive Order 9193, as amended. It is hereby ordered, Pursuant to said [Vesting Order 7932] (40 Stat. 411, 55 Stat. 839; Fub. Law Rule U-23 and the applicable provisions H er m an P riderich S ah lender 322, 79th Cong., 60 Stat. 50; Pub. Law of said act, that said joint application- 671, 79th Cong.; 60 Stat. 925; 50 U. S. C. declaration be, and the same hereby is In re: Trust under the last will and App. 1, 616; E. O. 9193, July 6, 1942, 7 granted and permitted to become effec­ testament of Herman Friderich Sahlen­ F. R. 5205; E. O. 9567, June 8, 1945, 10 tive forthwith. der, also known as H. F. Sahlender, also F. R. 6917; E. O. 9788, Oct. 14, 1946, 11 known as Herm F. Sahlender, also known By the Commission. . F. R. 11981) as Hermann F. Sahlender, also known as [ se al] O rval L. D u B o is , Herman F. Sahlender, deceased. File No. Executed at Washington, D. C., on Secretary. D-28-10175; E. T. sec. 14487. December 24,1946. [P. R. Doc. 47-82; Piled, Jan. 3, 1947; Under the authority of the Trading For the Attorney General. 8:57 a. m.] with the Enemy Act, as amended, Execu­ tive Order 9193, as amended, and Execu­ [ s e a l] D onald C. C o o k , tive Order 9788, and pursuant "to law, Director. after investigation, it is hereby found: [P. R. Doc. 46-22050; Filed, Dec. 31, 1946; [Pile No. 59-37] 1. That Friderich Sahlender, August 8:49 a. m.] Sahlender, George Mayer and Johanne C entral I l l in o is P u b l ic S ervice C o . Jochims, whose last known addresses are ORDER DISMISSING PROCEEDINGS Germany, are residents of Germany and nationals of a designated enemy country [Vesting Order 7920] At a regular session of the Securities (Germany) ; T ojuro T agami and Exchange Commission, held at its 2. That the surviving-issue of Friderich office in the City of Philadelphia, Pa., Sahlender, the surviving issue of August In re: Real property owned by Tojuro on the 23d day of December A. D. 1946. Sahlender, the surviving issue of Gustav Tagami. The Commission having heretofore Sahlender, the widow, name unknown, Under the authority of the Trading instituted proceedings pursuant to sec­ of Gustav Sahlender, deceased, the sur­ with the Enemy Act, as amended, Execu­ tions 11 (b) (2) and 15 (f) of the Public viving issue of George Mayer and the sur­ tive Order 9193, as amended, and Execu­ Utility Holding Company Act of 1935 viving issue of Johanne Jochims, who tive Order 9788, and pursuant to law, directed to Central Illinois Public Serv­ there is reasonable cause to believe are after investigation, it is hereby found: ice Company, a public utility operating residents of Germany, are nationals of a 1. That Tojuro Tagami, whose last company and subsidiary of The Middle designated enemy country (Germany) ; known address is , is a resident of West Corporation, a registered holding 3. Tljat all right, title, interest and Japan and a national of a designated company; and claim of any kind or character whatso­ enemy country (Japafi); Applications and declarations having ever of the persons identified in subpara­ 2. That the property described as fol­ subsequently been filed by Central Illi­ graphs 1 and 2 hereof, and each of them, lows: Real property situated in the nois Public Service Company wherein in and to the trust under the last will and County of Clark, State of Nevada, par­ the company proposed a refinancing testament of Herman Friderich Sahlen­ ticularly described as the northwest program and the Commission, after pub­ der, also known as H. F. Sahlender, also quarter of the northwest quarter and the Saturday, January 4, 1947 FEDERAL REGISTER 89 north half of the southwest quarter of tached hereto and by reference'made a 1650.00 fee to a stake; thence North O’ 06' part hereof, together with all heredita­ West 528.00 feet to a stake; thence North 89° the northwest quarter of Section 5, 56' West 1650.00 feet to a stake on the West Township 21 South, Range 62 East, ments, fixtures, improvements and ap­ line of said Section 36, which said stake bears Mount Diablo Base and Meridian, to­ purtenances thereto, and any and all South 0° 06' East 1056.00 feet from the quarter gether with all hereditaments, fixtures, claims for rents, refunds, benefits or corner on the West line of said Section 36; improvements and appurtenances there­ other payments arising from the owner­ thence South 0° 06' East along the West line to, and any and all claims for rents, re­ ship of such property, and of said Section 36, a distance of 528 feet to funds, benefits or other payments arising b. That certain debt, or obligation, the point of beginning. from the ownership of such^ property, owing to Masatsu Taniguchi by Alex [P. R. Doc. 47-47; Filed, Jan. 2, 1947; Uffelman, Box 84, Florin, California, • 8:53 a. m.] is property within the United States arising by reason of rentals which are owned or controlled by, payable or de­ due and unpaid for the real property liverable to, held on behalf of or on ac­ described in subparagraph 2-a hereof, count of, or owing to, or which is evi­ and any and all rights to demand, en­ [Vesting Order 6575, Arndt.] dence of ownership or control by, the force and collect the same,-' aforesaid national of a designated enemy G ertrude S pieg el S p e n n e r country (Japan) ; is property within the United States In re: Stock and bonds owned by, and owned or controlled by, payable or de­ and it is hereby determined: debts owing to, Gertrude Spiegel Spenner, 3. That to the extent that the person liverable to, held on behalf of or on ac­ File No. 28-12282. named in subparagraph 1 hereof is not count of, or owing to, or which is evi­ Vesting Order Number 6575, dated June within a designated enemy country, the dence of ownership or control by, the 14,1946, is hereby amended as follows and aforesaid national of a designated enemy national interest of the United States not otherwise : .. country (Japan) ; and it is hereby de­ requires that such person be treated as a a. By deleting from Exhibit A, attached national of a designated enemy country termined: thereto and by reference made a part (Japan). 3. That to the extent that the person thereof, the certificate number 1165, set All determinations and all action re­ named in subparagraph 1 hereof is not forth with respect to common stock of quired by law, including appropriate con­ within a designated enemy country, the the Bell Mining Co., and substituting sultation and certification, having been national interest of the United States therefor the certificate number 316, and made and taken, and, it being deemed requires that such person be treated as a b. By deleting from Exhibit A, at­ necessary in the national interest, national of a designated enemy country tached thereto and by reference made a There is hereby vested in the Attorney (Japan). part thereof, the certificate number 316, General of the United States the prop­ All determinations and all action re­ set forth with respect to common stock erty described above, subject to re­ quired by law, including appropriate con­ of the Benton Mining Co., and substitut­ corded liens, encumbrances and other sultation and certification, having been ing therefor the certificate number 1165; rights of record held by or for persons made and taken, and, it being deemed All other provisions of said Vesting who are not nationals of designated en­ necessary in the national interest, Order Number 6575 and all actions taken emy countries, to be held, used, adminis­ There is hereby vested in the Attorney by or on behalf of the Alien Property tered, liquidated, sold or otherwise dealt General of the United States the prop­ Custodian or the Attorney General of the with in the interest of and for the bene­ erty described in subparagraph 2-a here­ United States in reliance thereon, pur­ fit of the United States. of, subject to recorded liens, encum­ suant thereto and under the authority * The terms “national” and “designated brances and other rights of record held thereof are hereby ratified and con­ enemy country” as used herein shall have by or for persons who are not nationals firmed. the meanings prescribed in section 10 of of designated enemy countries. (40 Stat. 411; 55 Stat. 839; Pub. Law 322, Executive Order 9193, as amended. There is hereby vested in the Attorney General of the United States the prop­ 79th Cong.; 60 Stat. 50; Pub. Law 671, (40 Stat. 411; 55 Stat. 839; 60 Stat. 50; erty described in subparagraph 2-b 79th Cong.; 60 Stat. 925; 50 U. S. C. App. Pub. Law 322, 79th Cong.; Pub. Law 671, hereof, 1, 616; E. O. 9193, July 6, 1942, 7 F. R. 5Q U. S. C. App. 1, 50 U. S. C. App. Sup. All such property so vested to be held, 5205; E. O. 9567, June 8, 1945, 10 F. R. 616; E. O. 9193, July 6, 1942, 7 F. R. 5205; used, administered, liquidated, sold or 6917; E. O. 9788, Oct. 14, 1946, 11 F. R. E. JO. 9567, June 8, 1945, 10 F. R. 6917; otherwise dealt with in the interest of 11981) E. O. 9788, Oct. 14,1946,11 F. R. 11981) and for the benefit of the United States. Executed at Washington, D. C., on De­ The terms “national” and “designated Executed at Washington, D. C., on De­ cember 19, 1946. cember 18, 1946. enemy country” as used herein shall have the meanings prescribed in section For the Attorney General. For the Attorney General. 10 of Executive Order 9193, as amended. [ s e a l] D onald C. C o o k , [ seal] D onald C. C o o k , (40 Stat. 411; 55 Stat. 839; 60 Stat. 50; Director. Director. Pub. Law 322, 79th Cong.; Pub. Law 671; [P. R. Doc. 47-57; Piled, Jan. 3, 1947; [F. R. Doc. 47-48; Piled, Jan. 2, 1947; 50 U. S. C. App. 1, 50 U. S. C. App. Sup, 8:49 a. m.] 8:53 a. m.] 616; E. O. 9193, July 6, 1942, 7 F. R. • 5205; E. O. 9567, June 8, 1945, 10 F. R. 6917; E. O. 9788, Oct. 14, 1946, 11 F. R. 11981) [Vesting Order 7933] [Vesting Order 7921] Executed at Washington, D. C., on De­ D e u t sc h e B a n k M asatsu T a n ig u c h i cember 18,1946. In re: Bank account owned by In re : Real property and claim owned For, the Attorney General. ^ Deutsche Bank. by Masatsu Taniguchi. Under the authority of the Trading [ s e a l] D o n a ld C. C o o k , Under the authority of the Trading with the Enemy Act, as amended, Execu­ Director. with the Enemy Act, as amended, Execu­ tive Order 9193, as amended, and Execu­ tive Order 9193, as amended, and Execu­ E x h ib it A tive Order 9788, and pursuant to law, tive Order 9788, and pursuant to law, All that certain real property situate in the after investigation, it is hereby found: after investigation, it is hereby found: County of Sacramento, State of California, 1. That Deutsche Bank, the last known 1. That Masatsu Taniguchi, whose last described as: address of which is Berlin, Germany, is All that portion of the Southwest 14 of known address is Japan, is a resident of a corporation, organized under the laws Japan and a national of a designated Section 36, Township 8 North, Range-5 East, of Germany, and which has or, since the enemy country (Japan); M. D. B. & M., described as foHows: Beginning at a point on the Section line effective date of Executive Order No. 2. That the property described as common to Sections 35 and 36, said township follows: 8389, as amended-, has had its principal and range,jdistant North 0° 06' West 1056 00 place of business in Germany and is a a. Real property situated in the County feet from the Southwest corner of said Sec­ of Sacramento, State of California, par­ tion 36, said township and range thence from national of a designated enemy country ticularly described in Exhibit A, at- said point of beginning, South 89° 56' East (Germany) ; No. 3------5 90 NOTICES

2. That the property described as fol­ lows: Re­ turn a. That certain debt or other obliga­ Person to whom prop­ Claifb Vesting Order Notice of intention order erty is to be returned No. No. to return published Property to be returned tion owing to Deutsche Bankr by The No. National City Bank of New York, 55 Wall m Street, New York, New York, arising out 2 Elizabeth P. King, 4268 1971 (8 F. R. 11 F. R. 13446 (Nov. $9,058,12 and one-fourth undivided Baltimore, M d. of a dollar checking account, entitled 11313). 13, 1946). interest as tenant in common in Deutsche Bank, Berlin, Germany, and warehouse property. Southwest corner Frederick and Water any and all rights to demand, enforce Streets, Baltimore City, M d. and collect the same, and b. That certain debt or other obliga­ Appropriate documents and papers ef- I n t e r -A llie d P a t e n t C orp tion owing to Deutsche Bank, by The fectuating this order will issue. National City Bank of New York, 55 Wall NOTICE OP INTENTION TO RETURN VESTED Street, New York, New York, arising out Executed at Washington, D. C., Decem­ PROPERTY of a dollar checking account, entitled ber 27,1946. Pursuant to section 32 (f) of the Trad­ Deutsche Bank, Berlin, Germany, Special* For the Attorney General. ing with the Enemy Act, as amended, Account, and any and all rights to de­ notice is hereby given of intention to mand, enforce and collect the same, [ se al] D onald C. C o o k , Director. return the following vested property on is property within the United States or after 30 days from the date of the pub­ owned or controlled by, payable or de­ [F. R. Doc. 47-90; Filed, Jan. 3, 1947; lication hereof, less any authorized de­ liverable to, held on behalf of or on ac­ 8:48 a. m.] ductions: count of, or owing to, or which is evi­ dence of ownership or control by, the Claim Claimant Vesting Order No. Property aforesaid national of a designated enemy No. Location country (Germany) ; Inter-Allied Patent Corp., A-268 201 (8 F. R. 625)... U. S. Letters Patent No. New York, N. Y. Washington, D . C. and it is hereby determined: 2,063,687. 3. That to the extent that the person named in subparagraph 1 hereof is not Upon completion of the taking of tes­ within a designated enemy country, the cember 31, 1946. timony _and the receipt of evidence in national interest of the United States For the Attorney General. support of the allegations of the comr requires that such person be treated as plaint, the TriaT Examiner is directed tò a national of a designated enemy coun­ [ s e a l] . D onald C. C o o k , proceed immediately to take testimony try (Germany). Director. and receive evidence on behalf of the re­ All determinations and all action re­ [F . R. Doc. 47-89; Filed, Jan. 3, 1947; spondents. The Trial Examiner on the quired by law, including appropriate 8:48 a. m.] completion of the taking of testimony consultation and certification, having and the receipt of evidence will then close been made and taken, and, it being the case and make and serve on the par­ deemed necessary in the national in­ FEDERAL TRADE COMMISSION ties at issue a recommended decision terest, [Docket No. 5449] which shall include-recommended find­ There is hereby vested in the Attorney ings and conclusions, as well as the General of the United States the prop­ M etal L a t h M anufacturers A s s n , et a l. reasons or basis therefor, upon all the erty described above, to be held, used, QRDER APPOINTING TRIAL EXAMINER AND FIX­ material issues of fact, law, or discretion administered, liquidated, sold or other­ ING TIME AND PLACE FOR TAKING TESTI­ presented on the record, and an appro­ wise dealt with in the interest of and MONY priate recommended order; all of which for the benefit of the United States. shall become a part of the record in said The terms “national” and “designated At a regular session of the Federal proceeding. enemy country’^ as used herein shall Trade Commission, held at its office in have the meanings prescribed in section the City of Washington, D. C., on the By the Commission. 27th day of December A. D. 1946. 10 of Executive Order 9193, as amended. [ s e a l ] a . N. Ross, In the matter of Metal Lath Manu­ Acting Secretary. (40 Stat. 411; 55 Stat. 839, Pub. Law 322, facturers Association, Alabama Metal 79th Cong., 60 Stat. 50; Pub. Law 671, Lath Company, Inc., The Bostwick Steel [F. R. Doc. 47-56; Filed, Jan. 3, 1947; 79th Cong.; 60 Stat. 925; 50 U. S. C. App. Lath Company, Ceco Steel Products Cor­ 8:48 a. m.] 1, 616; E. O. 9193, July 6, 1942, 7 P. R. poration, Goldsmith Metal Lath Com­ 5205; E. O. 9567, June 8, 1945, 10 P. R. pany, Milcor Steel Company, National 6917; E. O. 9788, Oct. 14, 1946, 11 F. R. Gypsum Company, Penn Metal Com­ FEDERAL SECURITY; AGENCY 11981) pany, Inb., Truscon Steel Company, Social Security Administration Executed at Washington, D. C., on United States Gypsum Company, Wheel­ December 24, 1946. ing Corrugating Company, members of C ertification o f S tate U nemployment the Metal Lath Manufacturers Associa­ C ompensation L a w s to S ecretary of For the Attorney General. tion; A. J. Tuscany and Joseph A. T reasur y [ s e a l ] D onald C. C o o k , Sampson, individuals. Pursuant to section 1603- (a) of the Director. This matter being at issue and ready Internal Revenue Code as amended, the [F. R. Doc. 47-58; Filed, Jan. 3, 1947; for the taking of testimony and the re­ Social Security Board has heretofore ap­ 8:49 a. m.] ceipt of evidence, and pursuant to au­ proved the unemployment compensation thority vested in the Federal Trade Com­ laws of thè following States : mission, Alabama, Alaska, Arizona, Arkansas, Cali­ It is ordered, That Everett F. Haycraft, fornia, Colorado, Connecticut, Delaware, Dis­ a Trial Examiner of this Commission, be E liza b et h P. K in g trict of Columbia, Florida, Georgia, Hawaii, and he hereby is designated and ap­ Idaho, Illinois, Indiana, Iowa, Kansas, Ken­ ORDER TO RETURN VESTED PROPERTY pointed to take testimony and receive tucky, Louisiana, Mhine, Maryland, Massa­ The Office of Alien Property, having evidence in this proceeding and to per­ chusetts, Michigan, Minnesota, Mississippi, form all other duties authorized by law; Missouri, Montana, Nebraska, Nevada, New considered the claim set forth below and Hampshire, New Jersey, New Mexico, New having filed with the Division of the Fed­ It is further ordered, That the taking of testimony and the receipt of evidence York, North Carolina, North Dakota, Ohio, eral Register findings of fact and con­ Oklahoma, Oregon, Pennsylvania, Rhode clusions of law with respect to such claim, begin on Wednesday, ,1947, at Island, South Carolina, South Dakota, Ten­ ten o’clock in the forenoon of that day which findings and conclusions are herein nessee, Texas, Utah, Vermont, Virginia, (eastern standard time), in Hearing Incorporated by reference; Washington, West Virginia, Wisconsin, W y­ Room Number 332, Federal Trade Com­ oming. It is ordered, That the property set mission Building, Sixth and Pennsylvania forth below be returned as follows: In accordance with the provisions of Avenue, NW., Washington, D. C. section 1603 (c) of the Internal Revenue Saturday, January 4, 1847 FEDERAL REGISTER 91

Code, the President’s Reorganization Compensation Law of each of the follow­ construction, repairs, additions and al­ Plan No. 2 effective July 16, 1946, and ing States for the taxable year 1946: terations, without authorization, and at the authority delegated to the Commis­ Alabama, Arizona, Arkansas, California, a cost in excess of $1,000, in commercial sioner for Social Security by the Federal Colorado, Connecticut, Delaware, District of buildings located at Undercliff Park, Security Administrator, I, as Commis­ Columbia, Florida, Georgia, Hawaii, Idaho, Cold Spring, New York. sioner for Social Security, hereby certify Illinois, Indiana, Iowa, Kansas, Kentucky, Camp Ganeden, Inc., admits the vio­ the foregoing States to the Secretary of Louisiana, Maine, Maryland, Massachusetts, lations charged and has consented to the the Treasury for the taxable year 1946. Michigan, Minnesota, Missouri, Nebraska, Ne­ issuance of this order. vada, New Hampshire, New Jersey, New Mex­ Wherefore, upon the agreement and Dated: December 31, 1946. ico, New York, North Carolina, North Dakota, consent of Camp Ganeden, Inc., the Re­ Ohio, Oklahoma, Oregon, Pennsylvania, South [ se al] 'A rth ur J. A l t m e y e r , Carolina, South Dakota, Tennessee, Texas, gional Compliance Director and the Re­ Commissioner for Social Security. Vermont, Virginia, West Virginia, Wisconsin, gional Attorney, and upon the approval ¡it-' and Wyoming. of the Compliance Commissioner, It is Approved: hereby ordered, That: Dated: December 31, 1946. M aurice C o l l in s , (a) Neither Camp Ganeden, Inc., its Acting Administrator. tSEAL] ARTHUb J. ALTMEYER, successors and assigns, nor any other person shall do any further construc­ [F. R. Doc. 47-91; Filed, Jan. 3, 1947; Commissioner for Social Security. 8:52 a. m.] tion on the premises located at Under- Approved: cliff Park, Cold Spring, New York, in­ M aurice C o l l in s , cluding the putting up, completing or al­ Acting Administrator. tering of any of the structures located on said premises, unless hereafter specif­ C ertification of S tate L a w s to [F. R. Doc. 47-92; Filed, Jan. 3, 1947; ically authorized in writing by tfie Ci­ S ecretary of T r e a sur y 8:52 a. m.] vilian Production Administration. Whereas, as Commissioner for Social (b) Camp Ganeden, Inc., shall refer Security, I have heretofore certified to OFFICE O k TEMPORARY to this order in any application or ap­ the Secretary of the Treasury the un­ peal which they may file with the Ci­ employment compensation laws of the CONTROLS vilian Production Administration for pri­ orities assistance or for authorization States hereinafter enumerated with re­ Civilian Production Administration spect to the taxable year 1946, as pro­ to carry on construction. vided in section 1603 of the Internal [C-468] (c) Nothing contained in this order Revenue Code, as amended; and shall be deemed to relieve Camp Gane­ C am p G a n e d e n , I n c . Whereas, I hereby find that reduced den, Inc., its successors and assigns, from rates of contributions were allowable CONSENT ORDER any restriction, prohibition or provision under the laws of each of said States Camp Ganeden, Inc., is a New York contained in any other order or regula­ with respect to the taxable year 1946 Corporation and operates a summer tion of the Civilian Production Admin­ only in accordance with the provisions -camp known as Camp Ganeden located istration, except insofar as the sante may of subsection (a) of section 1602 of said at Cold Spring, New York. Camp Gane­ be inconsistent with the provisions here­ Code: den is charged by the Civilian Produc­ of. Now therefore, pursuant to section tion Administration with violations of 1602 (b) (1) of said Code, the Presi­ Veterans’ Housing Program Order 1 in Issued this 3d day of January 1947. dent’s Reorganization Plan No. 2 effec­ that (1) on or about October 7,1946, they C iv il ia n P r o d uctio n tive July 16, 1946, and the authority began construction, repairs, additions A dministration , delegated to the Commissioner for Social and alterations, without authorization, Security by the Federal Security Admin­ By J. J o seph W h e l a n , and at a cost in excess of $1,000, in com­ Recording Secretary. istrator, I, as Commissioner for Social mercial buildings located at Undercliff Security, hereby certify to the Secretary Park, Cold Spring, New York; (2) on [F. R. Doc. 47-159; Filed, Jan. 3, 1947; of the Treasury the Unemployment and after October 7,1946 they carried on 11:27 a. m.]