FEDERALREGISTER

VOLUME 14 NUMBER 233 %JTEO Washington, Saturday/ December 3, 1949

TITLE 6— AGRICULTURAL CREDIT of unshelled walnuts equivalent to at CONTENTS least 98 percent of the quantity of walnut Chapter IV— Production and Market­ kernels for which his application is ap­ Agriculture Department p&&e ing Administration and Commodity proved, he shall be entitled to receive See Production and Marketing Ad­ Credit Corporation, Department of payment at a rate of 10 cents for each ministration. diverted pound of unshelled walnuts hav­ Agriculture ing a 25 percent kernel content. Such Alien Property, Office of Subchapter B—Export and Diversion Programs payment will be increased 0.4 of 1 cent Notices: per pound for each percent of kernel Vesting Orders, etc.: P art 539—N uts content above 25 percent and decreased Eckhardt, Agnes, et al------7280 SUBPART A—TERMS AND CONDITIONS OF 0.4 of 1 cent per pound for each percent Graziani, Elise______7285 WALNUT DIVERSION PROGRAM (FISCAL of kernel content below 25 percent. Gut, Magdalena______7283 YEAR 1950) Hoffman, Julia______7284 (b) If a participant has not completed Kessemeier, Rudolf Theodore. 7286 Sec. diversion of his approved quantity, in Krafft-Leitz, Josephine_____ 7284 539.101 General statement. accordance with § 539.103, by March 1, Okada, Taiji______7285 539.102 Eligibility for payments by the 1950, he shall be entitled to receive 80 Secretary. percent of the payment applicable to the Shimo, T„ and Keiko Shimo.. 7284 639.103 Quantity to be diverted by each portion diverted prior to that date, and Uhlich, Annie______._ 7285 participant. Civil Aeronautics Administra­ 539.104 Minimum grade and inspection. such participant shall be entitled to re­ 539.105 Claims supported by proof of di­ ceive the additional 20 percent upon tion version. diversion of not less than 98 percent of Rules and regulations: 539.106 Records and accounts. the quantity approved for diversion for Air traffic rules; danger area 539.107 Amendment and termination. such participant. In the event of termi­ alterations ; correction_____ 7269 639.108 Persons not eligible. nation of the program as provided in 539.109 Definitions. § 539.107, the,participant shall receive the Civil Aeronautics Board 539.110 Information and forms. See also Civil Aeronautics Admin­ additional 20 percent on the quantity he istration. A u t h o r it y : §§ 539.101 to 539.110 issued un­ has diverted up to the time of such der sec. 32, 49 Stat. 774, as amended; 7 U. S. C. termination. Notices: and Sup., 612c. Airline Transportation Carriers, (c) The walnuts on which payments Inc., transcontinental coach § 539.101 General statement. In or­ will be made must have been produced in type service case; hearing___ 7281 der to encourage the domestic consump­ the States of California, Oregon, and tion of walnuts produced in the United Washington. Diversion shall be accom­ Coast and Geodetic Survey States by diverting them from the normal plished on or before June 10,1950, unless Rules and regulations: channels of trade and commerce, the such time is extended by the Director or Training program under Philip­ Secretary of Agriculture, pursuant to the his designee. Walnuts classified as “sur­ pine Rehabilitation Act_____ 7270 authority conferred by section 32 of plus” under the marketing agreement Commerce Department Public Law 320, 74th Congress, as and order (13 F. R. 4344) may only be See Civil Aeronautics Administra­ amended, offers to make payment to shelled by the participant or by an tion; Coast and Geodetic Sur­ packers or shellers subject to the terms authorized sheller, so designated by the vey. and conditions stated in this subpart. Walnut Control Board established pur­ suant to said marketing agreement and Federal Communications Com­ § 539.102 Eligibility for payments by order. mission the Secretary, (a) In order to become (d) Diversion as used in this subpart Notices: eligible for payments under this program, means (1) the initial processing of un­ Canadian broadcast stations; a packer or sheller must be located in the shelled walnuts, including the kernels list of changes, proposed States of California, Oregon, or Wash­ therein, in the manufacture of an ap­ changes, and corrections in ington, and must first execute and file an proved product, by rasping, crushing, assignment.:______7277 application in triplicate for participation grinding, cooking, or by any other Hearings, etc.: in the program with the Director, Fruit method approved by the Director so as Connecticut Electronics Corp. and Vegetable Branch, Production and to preclude the use of such unshelled et al___ ï.______7278 Marketing Administration, United States walnuts or the kernels therein as human Dempsey, John J ______7281 Department of Agriculture, Washington food; or (2) the utilization as animal First National Bank of Mont­ 25, D. C., to be received not later than feed. gomery and Margaret Cov­ December 13, 1949, and such application ington Milwee______. 7280 must be approved by the Director. If a § 539.103 Quantity to be diverted by International Bank for Recon-’ packer or sheller participating in the each participant. Each participant shall struction and Development program, hereinafter referred to as “par­ state, in his application for participation et al______7279 ticipant,” diverts, on or after the effective in this program, the quantity of walnut Keystone Broadcasting Corp. date hereof, in accordance with the fol­ kernels to be delivered by him in un- (WKBO) et al______7280 lowing terms and conditions, a quantity (Coninued on p. 7265) KVLH Broadcasting Co____ 7280 7263 7264 RULES AND REGULATIONS

CONTENTS— Continued CONTENTS— Continued Federal Communications Com- Page Production and Marketing Ad- Page FEDEML^pEGISTER mission— Continued ministration \ l»3* v (Junto* Notices—Continued Proposed rule making: Hearings, etc.—Continued Peaches, Elberta, in California; Radio Reading______7281 changes in representation on Published dally, except Sundays, Mondays, Scripps-Howard Radio, Inc., Elberta Peach Commodity and days following official Federal holidays, et al. (2 documents)____ 7278 Committee—______7273 by the Division of the Federal Register, the Southern California Broad­ Rules and regulations: National Archives, pursuant to the authority casting Co. (KWKW) et al_ 7280 Diversion programs, terms and contained in the Federal Register Act, ap­ Texas Star Broadcasting Co. conditions, 1950: proved July 26, 1935 (49 Stat.. 500, as and KTRH Broadcasting Almond______7266 amended; 44 U. S. C., ch. 8B ), under regula­ tions prescribed by the Administrative Com­ Co______7279 Walnut______7263 mittee, approved by the President. Distribu­ Tri-City Broadcasting Co. Oranges in California and Ari­ tion is made only by the Superintendent of (WTRF) ______—. 7281 zona ; limitation of shipments. 7267 Documents, Government Printing Office, Winston-Salem Broadcasting Securities and Exchange Com­ Washington 25, D. C. Co., Inc. (WTOB), and The regulatory material appearing herein Ralph D. Epperson mission is keyed to the Code of Federal Regulations, (WPAQ)______7280 Notices: which is published, under 50 titles, pursuant Motions Commissioner, design Hearings, etc.: to section 11 of the Federal Register Act, as Central Power and Light Co_ 7283 amended June 19, 1937. nation______T______7278 City of Porto Alegre______7281 The F ederal R egister will be furnished by Proposed rule making: Ohio Power Co______7282 mail to subscribers, free of postage, for $1.50 STL stations______7274 per m onth or $15.00 per year, payable in ad­ Standard Gas and Electric Co_ 7282 vance. The charge for individual copies Federal Power Commission Tax Court of the United States (minimum 15£) varies in proportion to the Notices: Rules and regulations: size of the issue. Remit check or money Hearings, etc.: Rules of practice; miscellane­ order, made payable to the Superintendent Newport Electric Corp_____ 7276 ous amendments.______7270 of Documents, directly to the Government Pennsylvania Electric Co___ 7276 Printing Office, Washington 25, D. C. There are no restrictions on the republica­ Housing Expediter, Office of CODIFICATION GUIDE tion of material appearing in the F ederal Rules and regulations: R eg ister. A numerical list of the parts of the Code Rent, controlled; housing and of Federal Regulations affected by documents rooms in rooming houses published in this issue. Proposed rules, as and other establishments in opposed to final actions, are identified as Now Available certain States___ -.______7269 such. Interior Department UNITED STATES Title 3 Page See Land Management, Bureau of. Chapter I (Proclamations) : GOVERNMENT Interstate Commerce Commis­ Jan. 25, 1906 (see PLO 618)____ 7271 ORGANIZATION sion Title 6 MANUAL Notices: Chapter IV: Applications for relief: Part 539 (2 documents) — 7263, 7266 1949 Edition Automobile bodies from Mich­ igan to eastern points----- 7277 Title 7 (Revised through July 1) Classes and commodities to Chapter IX : and from Hildago, Tex— 7276 Part 936 (proposed)______7273 Published by the Division of the Federal Part 966______7267 Register, the National Archives Sulphate of ammonia from Louisiana and Texas to the Title 14 725 pages— $1.00 a copy South______7277 Chapter I: Part 60______7269 Order from Superintendent of Documents, Justice Department United States Government Printing Office, See also Alien Property, Office of. Title 24 Washington 25, D. C. Notices : , Chapter VIII: Organization and delegation of Part 825______-_____ 7269 authority______------— 7283 Title 26 * Land Management, Bureau of Chapter II: CONTENTS— Continued Rules and regulations : Part 701______7270 Colorado and Utah; abolishing Title 33 Federal Communications Com- Page La Sal National Forest and mission— Continued Chapter III: transferring its lands to Manti Part 302______7270 Notices—Continued National Forest______7271 Hearings, etc.—Continued Title 43 Lake Huron Broadcasting Co. Maritime Commission Chapter I: (WKNX) and Booth Radio Proposed rule making: Appendix (Public land orders) : , Stations, Inc______7279 Forwarders engaged in export 618______— I 7271 Lubbock County Broadcast­ trade of U. S______— 7275 Title 46 ing Co. and Plains Radio Rules and regulations: Broadcasting Co. (KFYO)_ 7279 Rules and regulations, forms Chapter II: , Manistee Radio Corp. and and citizenship require­ Proposed rules___ ^______7275 Door County Broadcasting ments under Merchant Ship Part 299 (2 documents)__ 7272, 7273 Co., Inc______7279 Sales Act: Title 47 Mid-State Broadcasting Co. Charter of war-built vessels Chapter I: ’(WMMJ) and Lincoln to citizens______7272 Part 2 (proposed)______7274 Broadcasting Co______7278 Forms______7273 Part 4 (proposed)______7274 Saturday, December 3, 1949 FEDERAL REGISTER 7265 shelled form, which he Will divert under § 539.105 Claims supported by proof with this program before the effective this program: Provided, however, That of diversion. Participants shall file date and time of such amendment or in the event the total quantity stated by claims for payment hereunder not later teçrmnation. all participants in their applications to than June 15, 1950, unless such time is/ divert exceeds the maximum quantity extended by the Director or his designee. 2 § 539.108 Persons not eligible. No authorized to be diverted under this pro­ Claims for payment should be filed, by member or delegate to Congress, or resi­ gram, the Director may allot to each par­ California participants with M. T. dent Commissioner, shall be admitted to ticipant such lesser quantity as the Coogan, United States Department of any share or part of any payment made Director determines will represent such Agriculture, 1206 Santee Streét, 12th under this offer or to any benefit that participant’s equitable share of the total 'Floor, Los Angeles 15, California; and may arise therefrom, but this provision quantity. The maximum quantity of claims by Oregon and Washington par­ shall not be construed to extend to a pay­ unshelled walnuts on which payment ticipants with W. J. Broadhead, United ment made to a corporation for its gen­ may be made shall be a quantity contain­ States Department of Agriculture, 515 eral benefit. ing not more than 5,500,000 pounds of S. W. Tenth Street, Portland 5, Oregon. § 539.109 Definitions. As used in this walnut kernels, meeting the require­ Each claim for payment shall be filed in part, the following terms have the fol­ ments of this program. an original and three copies on voucher lowing meanings: Form FDA-564 and shall be supported by (a) “Secretary” means the Secretary § 539.104 Minimum grade and inspec­ (a) the original and one copy of the of Agriculture of the United States, or tion. To be eligible for diversion, a lot of inspection certificate, or certificates, re­ any authorized representative of the unshelled walnuts shall contain at least quired in § 539.104, (b) two copies of a Secretary. 12 percent (based on unshelled weight) certified statement of the participant (b) “Director” means, the Director, of kernels which meet the following re­ that (1) he has delivered for diversion Fruit and Vegetable Branch, Production quirements: U. S. No. 3 as defined in the unshelled walnuts covéred by such in­ and Marketing Administration, United U. S. Standards for shelled English wal­ spection certificates in accordance with States Department of Agriculture, or any nuts effective September 30, 1939: Pro­ the terms and conditions hereof; and authorized representative of the Secre­ vided, That in inspecting a sample, areas (2) that such walnuts were produced in tary within such Branch to Whom the of kernels which are darker in color than the States of California, Oregon, and Director has subdelegated authority to dark amber or affected by mold, insects, Washington; (c) a certification from the perform the functions delegated to him. decay, rancidity or shrivelling shall be crusher or other person diverting such (c) “Packer” or “sheller” may be any broken off in ordéç that the parts affected walnuts, that such diversion has been individual, corporation, partnership, co­ shall be excluded in determining the accomplished and the time and manner operative marketing association, or other weight of eligible kernels of the sample of such diversion, and (d) such other business entity. A “packer” means any­ and entire lot: And provided further, documènts as may be required by the one who usually packs unshelled walnuts That no toierance for defective kernels Director as evidence of diversion of wal­ for market, or who undertakes to pack shall be allowed. The term kernels as nuts, subject to the approval of the unshelled walnuts for diversion pursuant used in this subpart means whole kernels Bureau of the Budget. to this program. or portions thereof. The weight of wal­ (d) “Public announcement” means the nut kernels which meet the requirements § 539.106 Records and accounts. Each issuance of a press release or the publica­ for diversion as herein specified shall be participant shall maintain accurate rec­ tion of a notice in the F ederal R egister. determined by sample inspection of the ords showing for the walnuts diverted, unshelled walnuts and shall be stated on the quantities, kernel content, dates of § 539.110 Information and forms. the inspection certificate in terms of per­ delivery for diversion, and dates of com­ Information pertaining to the operation centage of kernels, adjusted to the near- ' pletion of diversion. Such records, ac­ of this program and forms prescribed for est whole number, in relation to the counts and other documents relating to use hereunder can be obtained from M. weight of the unshelled nuts. The in­ any transaction in connection with this T. Coogan, United States Department of spection shall be performed by the Fed­ program shall be available during regular Agriculture, 1206 Santee Street, 12th eral-State or Federal Inspection Service business hours for inspection and audit Floor, Lo$ Angeles 15, California; from after delivery to place of diversion, or at by authorized employees of the United W. J. Broadhead, United States Depart­ such other times as may be authorized States Department of Agriculture and ment of Agriculture, 515 S. W. Tenth by the Director. Walnuts offered for di­ shall be preserved for two years after the Street, Portland 5, Oregon; or from the version shall be in sound containers un­ effective date of this offer. Each partic­ Director, Fruit and Vegetable Branch, less otherwise authorized by the Director. ipant shall also obtain and furnish to Production and Marketing Administra­ The quantity in individual lots offered for the Director or his designee, a statement tion, United States Department of Agri­ inspection and diversion shall be subject signed by the person who crushes or culture, Washington 25, D. C. to limitation by the inspection service in otherwise diverts the walnuts that: (a) Effective date. This program shall be­ accordance with whether sampling is He will keep records showing, in respect practicable, with a view to uniformity of to each lot received for diversion, the come effective on the 29th day of quality in the lot. Sampling may be done quantity, weight, date of receipt, date November 1949. at such time prior to inspection and cer­ when diversion was completed, manner N o t e : The record keeping and reporting tification as the inspection service deter­ of diversion, and quantity of diverted requirements contained herein have been approved by the Bureau of the Budget in mines to be satisfactory. The net weight product produced; (b) such records shall accordance with the Federal Reports Act of of unshelled walnuts in lots for diversion be available during regular business hours 1942. shall be ascertained by the inspection for inspection by authorized employees service at such times and in such manner of the United States department of Agri­ Dated this 29th day of November 1949. as it deèms satisfactory, and such weight culture; (c) the records pertaining to S. R. S mith, shall be shown on the inspection certifi­ such diversion shall be preserved for two Authorized Representative of cate. The inspection service may ascer­ years; and (d) the diversion plant shall the Secretary of Agriculture. tain the weight of any lot of walnuts be available for inspection by such au­ inspected by use of track scale certifi­ thorized employees. Ap p l ic a t io n to P articipa te i n W a l n u t D i ­ cates, public weighmaster’s certificates, § 539.107 Amendment and termina­ v er sio n P rogram (F iscal Y ear 1950) or in any other manner acceptable to the tion. This program may be amended or The undersigned hereby applies for par­ inspection service. The inspector shall terminated by the Secretary at any time ticipation in the Walnut Diversion Program deduct the tare weight of containers in (Fiscal Year 1950), and states his intention arriving at the net weight of the un­ upon not less than ten calendar days to divert a quantity of unshelled walnuts shelled walnuts, shown on the inspection notice by public announcement. Notice equivalent t o ______pounds of wal­ certificate. All costs of handling, weigh­ of such amendment or termination will nut kernels, or such lesser quantity as the be transmitted to each participant in the Director determines will approximate the ing, sampling, and inspection shall be participant’s equitable share of the total borne by the participant, and he shall program. Any such amendment or ter­ quantity to be diverted under this entire furnish all labor required in connection mination shall not affect any diversion program, subject to the above stated terms therewith. which was accomplished in accordance and conditions. 7266 RULES AND REGULATIONS | ’ Date ______;______viding the weight of the shelled almonds ness producing an equally objectionable Name of packer or shelter______diverted by 0.46. effect; (d) stains or dirt, when kernels A d dress______B y ------_____— ------(b) Upon application therefor, a par­ have a dirty appearance caused by T itle ___ s______. ticipant shall receive 80 percent of the grease, mud, dirt, or other foreign sub­ payment applicable to the quantity which stance; (e) mold, when there are light Approved th is _____ day o f ______1949, for the diversion of a quantity of un- he has diverted prior to March 1, 1950 strands of white or grey mold affecting shelled walnuts equivalent t o ______(provided such quantity is less than one- 10 percent or more of the surface area, pounds of walnut kernels. half of his approved quantity), and shall or presence of other molds; (f ) rancidity, receive payment of the remaining 20 per­ when the kernel oil is partially oxidized Director, cent at the time of final payment to him. producing a rancid taste or odor or the Fruit and Vegetatile Branch. In the event of termination Of the pro­ inside of the kernel is yellowish or brown­ gram as provided in § 539.127, the parti­ ish in color; (g) damage by other means, [P. R. Doc. 49-9690; Piled, Dee. 2, 1949; cipant shall receive the additional 20 when there is any damage of equal seri­ 8:47 a. m.] percent on the quantity he has diverted ousness from any other cause. Inspec­ up to the time of such termination. tion of shelled almonds to determine (c) The almonds on which payments eligibility for diversion and quantity will be made must have been produced in eligible, shall be performed by the Fed­ P art 539—Nuts the State of California. Diversion shall eral-State or Federal Inspection Service SUBPART B—TERMS AND CONDITIONS OF be accomplished on or before June 30, after delivery to place of diversion, or at ALMOND DIVERSION PROGRAM (FISCAL YEAR 1950. such other times as may be authorized 1950) (d) Diversion as used in this subpart by the Director. The percent of eligible means (1) the initial processing of shelled kernels in each lot, and also the percent Sec. almonds in the manufacture of an ap­ of ineligible kernels in such lot, as defined 539.121 General statement. 539.122 Eligibility for payments by the proved product by rasping, crushing, in this subpart, shall be shown on the Secretary. grinding, cooking, or by any other inspection certificate after adjustment by 539.123 Quantity to be diverted by each method approved by the Director, so as the inspector to the nearest whole num­ participant. to preclude the use of such shelled al­ ber. The net weight of the entire lot 539.124 Minimum grade and inspection. monds as human food; or (2) the utiliza­ shall be ascertained by the inspector and ~ 539.125 Claims supported by proof of diver­ tion as animal feed. shown on the cèrtificate. The inspection sion. service may ascertain *he weight of any 539.126 Records and accounts. § 539.123 Quantity to be diverted by 539.127 Amendment and termination. each participant. Each packer or shel­ lot of almonds inspected by use of track 539.128 Persons not eligible. ler shall state, in his application for par­ scale certificates, public weigh-master’s 539.129 Definitions. ticipation in this program, the quantity certificates, or in any other manner ac­ 539.130 Information and forms. ceptable to the inspection service. The of shelled almonds he will divert under inspector shall deduct the tare weight of Au t h o r it y : §§ 539.121 to 539.130 issued this program: Provided, however, That under sec. 32, 49 Stat. 774, as amended; sec. in the event the total quantity stated by containers in arriving at the net weight 112 (f) Pub. Law 472, 80th Cong.; 7 U. S. C., all participants in their applications to of the nuts shown on the inspection cer­ and Sup., 612c. tificate. All costs of handling, weighing, divert exceeds the maximum quantity sampling, and inspection shall be borne § 539.121 General statement. In or­ authorized to be diverted under this pro­ by the participant, and he shall furnish der to encourage the domestic consump­ gram, the Director may allot to each par­ all labor required in connection there­ tion of almonds produced in the United ticipant such lesser quantity as the Di­ with. Almonds offered for diversion States by diverting them from the nor­ rector determines will represent such shall be in sound containers, and in lots mal channels of trade and commerce, the participant’s equitable share of the total of not more than 60,000 pounds, unless Secretary of Agriculture, pursuant to the quantity. Such maximum total quantity otherwise authorized by the Director. If authority conferred by section 32 of Pub­ may not exceed 5,000,000 pounds of the variation in quality in a lot offered for lic Law 320, 74th Congress, as amended, kernels. Not more than 50 percent of Inspection is too wide, the inspector may offers to make payments to packers or the quantity for which a participant’s require that the lot be divided into shellers subject to the terms and condi­ application has been «pproved shall be smaller lots of fairly uniform quality tions stated in this subpa,rt. diverted by him prior to May 1, 1950. After this date a determination will be prior to inspection. § 539.122 Eligibility for payments by made by the Secretary as to whether the § 539.125 Claims supported by proof of the Secretary, (a) In order to become remaining 50 percent shall be diverted diversion. Participants may file claim or eligible for payments under this program, or released for sale in the market, and claims for payment hereunder with J. H. a packer or sheller must be located in the each participant will comply with such Bryce, United States Department of Ag­ State of California and must first exe­ determination. riculture, 100 Plaza Building, 921 10th cute and file in triplicate an application § 539.124 Minimum grade and inspec­ Street, Sacramento 21, California, not for participation in the program with later than July 31,1950, unless such time the Director, Fruit and Vegetable Branch, tion. Almonds eligible for diversion is extended by the Director or his des­ Production and Marketing Administra­ shall be shelled almonds composed of ignee. Each claim for payment shall be tion, United States Department of Agri­ sound, edible, whole, or broken kernels filed in an original and three copies on culture, Washington 25, D. C., to be re­ which are free from damage by gummi­ voucher Form FDA-564 and shall be sup­ ceived not later than December 13; 1949, ness, insect or bird injury, shriveling, ported by (a) the original and one copy and such application must be approved stains or dirt, mold, rancidity, or other of the inspection certificate or certifi­ by the Director. If a packer or sheller means. In determining the weight of cates, required in § 539.124; (b) two participating in this program, herein­ kernels which are free from damage in copies of a certified statement of the after referred to as a “participant,” di­ a lot, no tolerance shall be allowed for participant that (1 ) he has delivered for verts, in accordance with the terms and damaged kernels. Any lot of shelled al­ diversion the almonds covered by such conditions hereof, at least 99 percent of monds in which the damaged kernels ex­ inspection certificates in accordance with the quantity he is authorized to divert, as ceed 5 percent by weight shall not be the terms and conditions hereof; and (2) set forth in § 539.123, he shall be entitled eligible for diversion, and the entire lot that such almonds were produced in the to receive final payment (after the Secre­ shall be rejected. As used in this sub­ State of California; (c) a certification tary has made his determination subse­ part damage shall mean (a) gumminess, quent to May 1,1950, as to whether all or when 5 percent or more of the surface from the crusher or other person divert­ one-half of the-approved quantity shall area is covered by a waxy or resinous ing such almonds, that such diversion has be diverted) for such authorized portion appearing substance; (b) insect or bird been accomplished and the manner of of the approved quantity diverted. Pay­ injury, when there is any evidence of such diversion; and (d) such other docu­ ment shall be computed at the rate of 14 insects, or injury by insects or birds; ments as may be required by the Director cents per pound of unshelled equivalent (c) shriveling, seriously affecting 25 per­ as evidence of diversion of almonds, sub­ of the diverted shelled almonds. Such cent or more of the surface area or any ject to the approval of the Bureau of equivalent shall be determined by di- shriveling, dark discoloration or thin- Budget. Saturday, December 3, 1949 FEDERAL REGISTER 7267

§ 539.126 Records and accounts. Each lication of a notice in the F ederal limitation of the quantity of such oranges participant shall maintain accurate rec­ R egister. which may be handled, as hereinafter provided, will tend to effectuate the de­ ords showing for the almonds diverted, § 539.130 Information and forms. the quantities, dates of delivery for di­ clared policy of the act. Information pertaining to the operation (2) It is hereby further found that it version, and dates of completion of diver­ of this program and forms prescribed for sion. Such records, accounts and othër is impracticable and contrary to the pub­ use hereunder can be obtained from J. H. lic interest to give preliminary notice, documents relating to any transaction in Bryce, United States Department of Agri- connection with this program shall be culture, 100 Plaza Building, 921 10th engage in public rule making procedure, available during regular business hours and postpone the effective date of this Street, Sacramento 14, California; or section until 30 days after publication for inspection and audit by authorized from the Director, Fruit and Vegetable thereof in the F ederal R egister (60 Stat. employees of the United States Depart­ Branch, Production and Marketing Ad­ ment of Agriculture and shall be pre­ ministration, United States Department 237; 5 U. S. c. 1001 et seq.) because the served for two years after the effective of Agriculture, Washington 25, D. C. time intervening between the date when date of this offer. Each participant shall information upon which this section is also obtain and furnish to the Director Effective date. This program shall be­ based became available and the time or his designee a statement signed by the come effective on the 29th day of Novem­ when this section must become effective person who crushes or otherwise diverts ber 1949. in order to effectuate the declared policy the almonds that (a) he will keep rec­ N o t e : The record keeping and reporting of the act is insufficient, and a reasonable ords showing, in respect to each lot re­ requirements contained herein have been time, is permitted, under the circum­ ceived for diversion, the quantity, weight, approved by the Bureau of the Budget in stances, for preparation for such effec­ date of receipt, date when diversion was accordance with the Federal Reports Act of tive time; and good cause exists for mak­ completed, manner of diversion, and 1942. • ing the provisions hereof effective as quantity of diverted product produced; Dated this 29th day of November 1949. hereinafter set forth. Shipments of oranges, grown in the State of California (b) such records shall be available dur­ S. R. Sm ith , ing regular business hours for inspection or in the State of Arizona, are currently Authorized Representative of subject to regulation pursuant to said by authorized employees of the United the Secretary of Agriculture. States Department of Agriculture; (c) amended order; the recommendation the records pertaining to such diversion Appl ic a t io n T o P articipate i n Alm o n d D iv er­ and supporting information for regula­ shall be preserved for two years; and (d) s io n P rogram (F iscal Y ear 1950) tion during the period specified herein the diversion plant shall be available for The undersigned hereby applies for partic­ was promptly submitted to the Depart­ inspection by such authorized employees. ipation in the Almond Diversion Program ment after an open meeting of the (Fiscal Year 1950), and states his intention Orange Administrative Committee on § 539.127 Amendment and termina­ to d iv e rt______.__ pounds of shelled al­ December 1,1949; such meeting was held, tion, This offer may be amended or monds, or such lesser quantity as the Director after giving due notice thereof, to con­ terminated by the Secretary at any time determines will approximate the participant’s sider recommendations for regulation, upon not less than ten calendar days’ equitable share of the total quantity to be and interested persons were afforded an notice by public announcement. Notice diverted under this entire program, subject to the above stated terms and conditions. opportunity to submit their views at this of such amendment or termination will meeting; the provisions of this section, be transmitted to each participant in the D a t e ______including its effective time, are identical program. Any such amendment or Name of packer or sh eller------with the aforesaid recommendation of termination shall not affect any diversion A d dress______—------By - ...... the committee, and information con­ which was accomplished in accordance Title ------cerning such provisions and effective with this program before the effective time has been disseminated among han­ date and time of such amendment or Approved th is __ __ _ day o f ------dlers of such oranges; it is necessary, in termination. 1949, for the diversion of '------pounds of shelled almonds. order to effectuate the declared policy § 539.128 Persons not eligible. No of the act, to make this section effective Member or Delegate to Congress, or Resi­ Director, during the period hereinafter specified; dent Commissioner, shall be admitted to Fruit and Vegetable Branch. and compliance with this section will not require any special preparation on the any share or part of any payment made [F. R. Doc. 49-9689; Filed, Dec. 2, 1949; under this offer or to any benefit that 8:46 a. m.] part of persons subject thereto which may arise therefrom, but this provision cannot be completed by the effective time shall not be construed to extend to a thereof. payment made to a corporation for its (b) Order. (1) The quantity of general benefit. * TITLE 7— AGRICULTURE oranges grown in the State of California or in the State of Arizona which may be § 539.129 Definitions. As used in this Chapter IX— Production and Mar­ handled during the period beginning at part, the following terms have the fol­ keting Administration (Marketing 12:01 a. m., P. s. t., December 4, 1949, lowing meanings: Agreements and Orders), Depart­ and ending at 12:01 a, m., P. s. t., De­ (a) “Secretary” means the Secretary ment of Agriculture cember 11, 1949, is hereby fixed as of Agriculture of the United States, or follows: any authorized representative of the [Orange Reg. 304] (1) Valencia oranges, (a) Prorate Secretary. P art 966—O ranges G rown in California District No. 1: No movement; (b) “Director” means the Director, and Arizona (b) Prorate District No. 2: Unlimited Fruit and Vegetable Branch, Production movement; and Marketing Administration, United LIMITATION OF SHIPMENTS (c) Prorate District No. 3: No move­ States Department of Agriculture, or any § 966.450 Orange Regulation 304—(a) ment. authorized representative of the Secre­ Findings. (1) Pursuant to the provi­ (ii) Oranges other than Valencia tary within such Branch to whom the sions of Order No. 66, as amended, (7 oranges, (a) Prorate District No. 1: Director has subdelegated authority to CFR, Part 966; 14 F. R. 3614), regulating 1,250 carloads; perform the functions delegated to him. the handling of oranges grown in the (b) Prorate District No. 2: 62 car­ (c) “Packer” or “sheller” means any State of California or in the State of loads; individual, corporation, partnership, co­ Arizona, effective under the applicable (c) Prorate District No. 3: 100 car­ operative marketing association, or other provisions of the Agricultural Marketing loads. business entity, and a “sheller” means Agreement Act of 1937, as amended, (7 (2) The prorate base of each handler anyone who usually shells almonds for U. S. C. 601 et seq.), and upon the basis who has made application therefor, as market or who undertakes to shell al­ of the recommendation and information provided in the said amended order, is monds for diversion pursuant to this submitted by the Orange Administrative hereby fixed in accordance with the pro­ program. Committee, established under the «aid rate base, schedule which is attached (d) “Public announcement” means the amended order, and upon other available hereto and made a part hereof by this issùance of a press release or the pub­ information, it is hereby found that the reference. 7268 RULES AND REGULATIONS

(3) As used in this section, “handled,” P rorate B ase S c h ed u le —Continued P rorate B ase S ch ed u le — Continued “handler,” “varieties,” “carloads,” and ALL ORANGES OTHER THAN VALENCIA ORANGES— ALL ORANGES OTHER THAN VALENCIA ORANGES— “prorate base" shall have the same continued continued meaning as when used in the said amended order; and the terms “Prorate Prorate District No. 1—Continued Prorate District No. 2—Continued District No. 1,” “Prorate District No. 2,” Prorate base Prorate base and “Prorate District No. 3” shall have Handler (percent) Handler (•percent) Strathmore Fruit Growers Associa­ Etiwanda Citrus Fruit Association. 0.2047 the same meaning as given to the re­ tion______0.9896 Mountain View Fruit Association.. . 1211 spective term in § 966.107 of the current Strathmore Packing House Co__ _ 1. 7964 Old Baldy Citrus Association____ .3832 rules and regulations (14 P. R. 6588) Sunflower Packing Association___ 2.1804 Rialto Height^ Orange Growers___ . 5200 contained in this part. Sunland Packing House Co______2.7059 Upland Citrus Association— _____ 2.4012 Terra Bella Citrus Association____ 1.3394 Upland Heights Orange Associa­ (48 Stat. 31, as amended; 7 U. S. C. 601 Tule River Citrus Association__ __ 1.1864 tio n ------1.1998 et seq.; 7 CPR Part 966; 14 F. R. 3614) Exeter Groves Packing Co., Inc___ .0000 Consolidated Orange Growers___ _ .0254 Kroells Packing Co______1.3855 Frances Citrus Association___ .___ .0034 Done at Washington, D. C., this 2d Lindsay Mutual Groves______! 1.4646 Garden Grove Citrus Association. _ .0313 day of December 1949. Martin Ranch______1.4320 Goldenwest Citrus Association, The— ______.0993 [seal] S. R. S m ith , Webb Packing Co., Inc______. 5324 .Woodlake Packing House______2. 7880 Olive Heights Citrus Association_ .0433 Director, Fruit and Vegetable Anderson Packing Co______.8922 Santa Ana-Tustin Mutual Citrus Branch, Production and Mar­ Arnst, John F______.0382 Association______.0133 keting Administration. Associated Growers Cooperative__ .5790 Santiago Orange Growers Associa­ Baker Bros______m. 1106 tion------.1316 P borAte B ase S ch ed u le Batkins Jr., Fred A______.0446 Tustin Hills Citrus Association__ _ .0216 [12:01 a. m. Dec. 4, 1949, to 12:01 a. m. California Citrus Groves, Inc., Ltd_ 2. 8910 Villa Park Orchards Association, Dec. 11, 1949] Chess Co., Meyer W______.0721 T h e------. 0240 Crane, Gus______. 0000 Bradford Brothers, Inc______.2346 ALL ORANGES OTHER THAN VALENCIA ORANGES Darby, Fred J______'______.0299 Placentia Mutual Orange Associa­ Prorate District No. 1 Dubendorf, John______. 1483 tion------. 1903 Edison Groves Co______. 6458 Placentia Orange Growers Associa­ Prorate base Furr, N. C______.2614 tion — ______, ______.1266 Handler (percent) Ghianda Ranch______. 0187 Yorba Orange Growers Association. . 0393 Total______100. 0000 Harding & Leggett___ :______1.4912 Call Ranch______,4733 Kim, Chas______.0443 Corona Citrus Association______.8837 A. P. G. Lindsay______2. 5905 Lo Bue Bros______...____ 1.2053 Jameson Company______. 3083 A. P. G. Porterville______2. 0223 Maas, W. A______- ______.0238 Orange Heights Orange Association- 1. 6247 Ivanhoe Cooperative Association_ .6806 Marks, W. & M______!______. 5435 Crafton Orange Growers Associa­ Dofflemyer & Sons, W. Todd______. 6001 Moore Packing Co., Myron______. 0975 tion ______1. 6319 Earlibest Orange Association_____ 1. 6656 Randolph Marketing Co., Inc__ 2. 2851 East Highlands Citrus Association. .4599 Ekderwood Citrus Association____ . 8412 Reimers, Don H______. 3271 Fontana Citrus Association______.5339 Exeter Citrus Association__ ^_____ 3.1527 Rooke Packing Co., B. G______2. 3518 Redlands Heights Groves______. 8823 Exeter Orange Growers Association- 1.3786 Sechrist, Calvin C______.0108 Redlands Orangedale Association.- 1.1548 Exeter Orchards Association______1.2910 Shong, Samuel C______.0444 Break & Son, Allen______. 2538 Hillside Packing Association_____ 1.2605 Simmons, A. E______.0048 Bryn Mawr Fruit Growers Associa­ Ivanhoe Mutual Orange Associa­ Toy, Chin______. 1174 tion______, 1.0930 tion______\______;_ . 9629 Woodlake Heights Packing Corp__ .6969 Mission Citrus Association.______.9762 Klink Citrus Association______4. 6447 Zaninovich Bros., Inc______. 7469 Redlands Cooperative Fruit Asso­ Lemon Cove Association______1. 8184 ciation ______1.8321 Lindsay Citrus Growers Associa­ Prorate District No. 2 Redlands Orange Growers Associa­ tion______2. 5061 Total______100.0000 tion------____.------. . . 1.1625 Lindsay Cooperative Citrus Associ­ Redlands Select Groves______. 4833 ation______1.2781 A. F. G. Alta Loma.______. 5714 Rialto Citrus Association______. 5783 Lindsay Fruit Association______2. 0303 A. F. G. Corona______. 0897 Rialto Orange Co______. 3950 Lindsay Orange Growers Associa­ A. F. G. Fullerton___ —______.0280 Southern Citrus Growers______1.0863 tion______.9770 A. F. G. Orange______.0344 Zilen Citrus Co____—______.____ .6988 Naranjo Packing House Co______. 9875 A. F. G. Riverside______- . 7543 Arlington Heights Citrus Co_____ 1. 0157 Orange Cove Citrus Association__ 3.4583 Hazeltine Packing Co______. 1394 Brown Estate, L. V. W_.______1.8286 Orange Cove Orange Growers As­ Placentia Pioneer Valencia‘Growers Gavilan Citrus Association______1. 7123 sociation.-______2.2469 Association______,______. 0710 Highgrove Fruit Association__ ___ . 7961 Orange Packing Co______;___ 1.0251 Signal Fruit Association______1. 0289 Krinard Packing Co______, 1.9456 Orosi Foothill Citrus Association_ 1. 4626 Azusa Citrus Association______1.1408 McDermont Fruit Co______;______1.8628 Paloma Citrus Fruit Association_ 1.0210 Damerel-Allison Co______. 9774 Monte Vista Citrus Association__ 1.4838 Rocky Hill Citrus Association____ .8459 Glendora Mutual Orange Associa­ National Orange Co_^_*_____ — .9930 Sanger Citrus Association______3.4944 tio n _—_____ .4850 Riverside Heights Orange Growers Sequoia Citrus Association_'____ . 8520 Puente Mutual Citrus Association. . . 0553 Association, The______1. 2619 Stark Packing Corp______x 1.8609 Valencia Heights Orchards Associa­ Sierra Vista Packing Association_ .9378 Visalia Citrus Association______1.6873 tion ______t — . 2074 Victoria Avenue Citrus Association. 2.9253 Waddell & Sons______1. 7954 Covina Citrus Association ______1.3257 Claremont Citrus Association__ _ . 9837 Butte County Citrus Association, Covina Orange Growers Associa­ College Heights Orange and Lemon Inc______:.______. 6402 tio n ______.______.5465 Association—______1.8247 Mills Orchard Co., James______.7166 Glendora Citrus Association_____ . 9154 Indian Hill Citrus Association__ _ 1.1433 Orland Orange Growers Associa­ Gold Buckle Association______3. 6191 Walnut Fruit Growers Association_ . 4771 tion, Inc______:______. 5574 La Verne Orange Association______5. 0200 West Ontario Citrus Association_ 1.3543 Andrews Bros, of California_____ . 2814 Anaheim Citrus Fruit Association_ . 0604 El Cajon Valley Citrus Association. .2389 Baird-Neece Corp______._ 1. 4978 Anaheim Valencia Orange Associa- ' Escondido Cooperative Citrus Asso­ Beattie Association, D. A_i______. 6459 tio n ______1.______; . 0161 ciation______.0763 Grand View Heights Citrus Asso­ Eadington Fruit Co., Inc______i . 4827 San Dimas Orange Growers Associa­ ciation______2. 5542 La Habra Citrus Association______. 0989 tion______..______1.1364 Orange County Valencia Associa­ Ball & Tweedy Association______.1199 Magnolia Citrus Association_____ 2. 2595 tion ______'_____ . 0141 Canoga Citrus Association__ .____ .0797 Porterville Citrus Association, The- -1.1593 Orangethorpe Citrus Association_ . 0203 Covina Valley Orange Co______. 1719 Richgrove-Jasmiiie Citrus Associa­ Yorba Linda Citrus Association North Whittier Heights Citrus Asso­ tion ______1.6265 The ______“ ___ . 0116 ciation_____ ;______. 1476 Sandilands Fruit Co______1.1819 Escondido Orange Association____ .4550 San Fernando Fruit Growers Asso­ Strathmore Cooperative Association. 1. 3607 Alta Loma Heights Citrus Associa­ ciation______.4105 Strathmore District Orange Asso­ tion ______;___ _ . 3294 San Fernando Heights Orange As­ ciation ______1. 5575 Citrus Fruit Growers -,______1.1049 sociation______;____ .2338 Saturday, December 3, 1949 FEDERAL REGISTER 7269

P rorate B ase S c h ed u le—Continued TITLE 14— CIVIL A VIATIO N This decontrols the entire Dubuque, ALL ORANGES OTHER THAN VALENCIA ORANGES— Iowa, Defense-Rental Area, except the continued Chapter I— Civil Aeronautics Board City of Dubuque, in Dubuque County, Iowa, and the City of East Dubuque in Prorate District No. 2—Continued fubchapter A— Civil Air Regulations Jo Daviess County, Illinois. Prorate base [Supp. 7, Arndt. 18] 5. Schedule A, Item 113, is amended Handler (percent) P art 60—Air T raffic R ules to describe the counties in the Defense- Sierra Madré Lamanda Citrus Asso­ Rental Area as follows: ciation______0.2737 DANGER AREA ALTERATIONS Camarillo Citrus Association_____ .0092 In Linn County, the Cities of Cedar Rapids, Fillmore Citrus Association______1.0104 Correction Marion and Mount Vernon. OJai Orange Association______. 8442 Piru Citrus Association______. 8080 In F. R. Document 49-9555, appearing This decontrols the entire Cedar Rancho Sespe______:______. 0017 in the issue for Wednesday, November 30, Rapids, Iowa, Defense-Rental Area, ex­ Santa Paula Orange Association___ . 1276 1949, on page_7198, change the next to cept the Cities of Cedar Rapids, Marion Tapo Citrus Association______.0079 the last line in column 2, to read as fol­ and Mount Vernon in Linn County, Iowa. Ventura County Citrus Association- . 0251 lows: “45°50'08" N.; due E. to lat. 6. Schedule A, Item 186, is amended East Whittier Citrus Association_ .0085 45°50'08" N., long. 119°37'28" W., to describe the counties in the Defense- Whittier Citrus Association_____ . 0821 point”. Rental Area as follows: Whittier Select Citrus Association- .0295 Anaheim Cooperative Orange Asso­ In Hillsborough County, the Cities of ciation______- ______.______. 0401 Manchester and Nashua and the Town of Bryn Mawr Mutual Orange Associa­ TITLE 24—-HOUSING AND Hudson. tion______.6247 HOUSING CREDIT This decontrols the entire Manchester, Chula Vista Mutual Lemon Associa­ New Hampshire, Defense-Rental Area, tion______.______- . 0953 Chapter VIII— Office of Housing Euclid Avenue Orange Association- 2. 8211 except the Cities of Manchester and Foothill Citrus Union, Inc______. 1556 Expediter Nashua, and the Town of Hudson, all in Garden Grove Orange Cooperative, [Controlled Housing Rent Reg., Arndt. 194] the State of New Hampshire. Inc______.0384 7. Schedule A, Item 216b, is amended Golden Orange Groves, Inc____ :_ .3428 [Controlled Rooms in Rooming Houses and to read as follows: Index Mutual Association.______. 0041 Other Establishments Rent Reg., Arndt. La Verne Cooperative Citrus Associ­ 192] (216b) [Revoked and decontrolled.] ation ______3.4119 P art R ent R egulations U nder the This decontrols the entire Greenville, Mentone Heights Association ______. 6258 825— Orange Cooperative Citrus Associa­ H ousing and R ent Act of 1947, as North Carolina, Defense-Rental Area. tion______0309 Amended 8. Schedule A, Item 264, is amended to describe the counties in the Defense- Redlands Foothill Groves______2. 8065 CERTAIN STATES Redlands Mutual Orange Associa­ Rental Area as follows: tion______- ______1.1393 The Controlled Housing Rent Regula­ In Crawford County, the City of Meadville, Whittier Mutual Orange & Lemon tion (§§ 825.1 to 825.12) and the Rent the Borough of Saegertown, and the Town­ Association______.______- . 0210 Regulation for Controlled Rooms in ships of Venango, West Mead and Woodcock. Babijuice Corp. of California—___ . 2760 Rooming Houses and Other Establish­ Cherokee Citrus Co., Inc__!______1.2793 ments (§§ 825.81 to 825.92) are amended This decontrols the entire Meadville- Chess Co., Meyer W______. 3481 in the following respects: Titusville, Pennsylvania, Defense-Rental Dunning Ranch______. 1422 Area, except the City of Meadville, the Evans Brothers Packing Co______1.4028 1. Schedule A, Item 44b, is amended to Borough of Saegertown, and the Town­ Gold Banner Association______2.2158 describe the counties in the Defense- Granada Packing House Co______'2. 6601 Rental Area as follows: ships of Venango, West Mead and Hill, Fred A., Packing House______. 6825 Woodcock all in Crawford County, Orange Belt Fruit Distributors___ 1.9942 In Weld County: North Tier of Sections Pennsylvania. Paramount Citrus Association___ _ . 0876 Township 4 North, Range 65 West, West Tier 9. Schedule A, Item 337a, is amended Placentia Orchard Co______.0634 of Sections Townships 5 and 6 North Range 64 West, Townships 5 and 6 North Range 65 to describe the counties in -the Defense- Riverside Citrus Association_____ .3354 Rental Area as follows: Snyder & Sons Co., W. A______. 5280 West, and Townships 5 and 6 North Range Wall, E. T., Growers-Shippers___ _ 1.8674 66 West. In Chittenden County, the Cities of Burl­ Western Fruit Growers, Inc______3.7620 ington and Winooski and the Town of South This decontrols the entire Greeley, Burlington. Prorate District No. 3 Colorado, Defense-Rental Area, except for the territory described above. This decontrols the entire Burlington, T otal______100.0000 2. Schedule A, Item 88a, is amended Vermont, Defense-Rental Area, except Allen & Allen Citrus Packing Co._ 2.1943 to describe the counties in the Defense- the Cities of Burlington and Winooski, Consolidated Citrus Growers______14. 7005 Rental Area as follows: and the Town of South Burlington, all McKellips Citrus Co., Inc______7.1155 In McDonough County, the City of Ma­ in Chittenden County, Vermont. Phoenix Citrus Packing Co______3.0964 comb and the Townships of Macomb, Chalm­ 10. Schedule A, Item 337c, is amended Arizona Citrus Growers______15. 7778 ers, Emmett and Scotland. to describe the counties in the Defense- Chandler Heights Citrus Growers__ 1.7980 Rental Area as follows: Desert Citrus Growers Co-______6.0772 This decontrols the entire Macomb- Mesa Citrus Growers______13.5280 Canton, Illinois, Defense-Rental Area, In Washington County, the Cities of Mont­ Tal-Wi-Wi Ranches______. 6941 except for the city and townships listed pelier and Barre. Tempe Citrus Co—______8.0717 Tuma Mesa Fruit Growers Associ­ above. This decontrols the entire Montpelier, ation ______!— . 1499 3. Schedule A, Item 104a, is amended Vermont, Defense-Rental Area, except Leppla-Henry Produce Co.______11.5411 to describe the counties in the Defense- the Cities of Montpelier and Barre in Maricopa Citrus Co______2.8699 Rental Area as follows: Washington County, Vermont. Pioneer Fruit C o.______6. 8390 In Cass County, Eel Township. 11. Schedule A, Item 337b, is amended Champion, L. M______- ______.4887 to describe the counties in the Defense- Clark & Sons, J. H______. 9924 This decontrols the entire Logansport, Rental Area as follows: Commercial Citrus Packing Co----- 8.3291 Indiana, Defense-Rental Area, except for Dhuyvetter Bros______. 4210 In Rutland County, the City of Rutland Ishikawa, Paul______- _____- .1581 Eel Township in Cass County, Indiana. and the Town of West Rutland. Macchiaroli Fruit Co., James______. 1553 4. Schedule A, Item 110a, is amended Orange Belt Fruit Distributors__ __ . 0979 to describe the counties in the Defense- This decontrols the entire Rutland, Potato House, The______- ______2.1547 Rental Area as follows: Vermont, Defense-Rental Area, except Valley Citrus Packing Co______2.7494 In Dubuque County, the City of Dubuque. the City of Rutland and the Town of [F. R. Doc. 49-9764; Filed, Dec. 2, 1949; In Jo Daviess County, the City of East West Rutland in Rutland County, Ver­ 11:19 a. m.] Dubuque. mont. 7270 RULES AND REGULATIONS

All decontrols effected by this amend­ 8. Section 701.31 (d) is amended by His statement of fact shall be set forth ment are based on the Housing Expe­ inserting paragraph heading, as follows: in accordance with the requirements diter’s own initiative in accordance with (d) Marking exhibits. above designated. section 204 (c) of the Housing and Rent (4) A concise statement of the points Act of 1947, as amended. 9. Section 701.31 (g) is amended by upon which the party relies. (Sec. 204 (d), 61 Stat. 197, as amended, changing the word “from” to “of” in the (5) The argument: The argument 62 Stat. 37, 94, Pub. Law 31, 81st Cong.; next to the last line. shall set forth the points of law relied 50 U. S. C. App. 1894 (d)I 10. Section 701.35 is amended to read, upon and any discussion of the evidence as follows: deemed necessary to support the state­ This amendment shall become effective § 701.35 Briefs — (a) General. The ment of fact. December 1, 1949. filing of briefs and the making of oral (6) The signature of counsel or the Issued this 30th day of November 1949. arguments shall be in accordance with party filing. (See § 701.4 (f).) the directions of the Judge presiding at T ighe E. W oods, 11. Section 701.45 (j) is amended by Housing Expediter. the hearing. The parties should be pre­ inserting the Zone Number “4” between pared to make oral arguments at the Washington and D. C. (F. R. Doc. 49-9708; Filed, Dec. 2, 1949; conclusion of the hearing or to file a 8:50 a. m.] written citation of authorities at that (53 Stat. 160, as amended; 26 U. S. C. time if the Judge so directs. 1111) (b) Filing. Unless the Judge directs Effective date: December 15, 1949. TITLE 26— INTERNAL REVENUE otherwise, original briefs shall be filed 45 days after the day on which the hearing By the Court. * Ç Chapter II— The Tax Court of the was concluded and reply briefs may be [seal! J ohn W. K ern, United States filed within 15 days after the time al­ Presiding Judge, P art 701—R ules of P ractice lowed the opposite party for the filing The Tax Court of the United States. of the original brief, including any ex­ November 23, 1949. MISCELLANEOUS AMENDMENTS tension thereof. If a party does not file an original brief-but files a reply brief, [F. R. Doc. 49-9696; Filed, Dec. 2, 1949; 1. In § 701.7 (a) (2) the first para­ 8:48 a. m.] graph is amended to read, as follows: his adversary may file his reply brief within 15 days thereafter. [ p T & * ------i---- (2) Improper petition; dismissal. (c) Service. Each brief, whether Failure of a petition to comply with this original or reply, will be served promptly TITLE 33— NAVIGATION AND section or with §§ 701.4 or 701.6 shall be by the Clerk upon the opposite party NAVIGABLE WATERS ground for dismissal of the proceeding after it is filed, except where it bears a for failure properly to prosecute. notation that a copy has already been Chapter III— Coast and Geodetic Sur­ 2. Section 701.7 (c) (4) (iii) is served, and except that where simul­ vey, Department of Commerce amended by striking the period and add­ taneous briefs are to be filed they will P art 302—T raining P rogram of the ing after the last word “filed” the fol­ be served upon the other party imme­ United S tates Coast and G eodetic lowing: “and, if different from the diately after the time for filing such Survey Under the P h ilippin e R eha­ determination, the approximate amount briefs (including any extension thereof) bilitation Act of 1946 of taxes in controversy.” \ has expired. If an extension is granted Sec. 3. Section 701.7 (c) (4) (ix) is after the original time for filing has ex­ 302.1 Statement of program. amended by changing the first sentence pired and the brief of the opposite party 302.2 Purpose and scope of program. to read as follows: “A copy of the notice has been filed but not served, it will be 302.3 Applicability of existing regulations. of deficiency (or liability, as the case served promptly after the extended 302.4 ' Training awards. may be), shall be appended to the peti­ period. (See § 701.20 (c).) 302.5 Compensation. tion and to each copy required.” (d) Number of copies. An original 302.6 Travel grants to Philippine-trainees. and 2 copies shall be filed if briefs are 302.7 Baggage. 4. Section 701.11 is amended by adding 302.8 Maintenance allowances to Philip­ after the fifth word “petition” the words typewritten and 20 copies shall be filed pine-trainees. “by the Clerk”, and by adding at the end if briefs are printed. 302.9 Insurance or medical services. of the section: “ (See §§ 701.5, and 701.7 (e) Form and contents. All briefs 302.10 Clothing. (a) (1)).” shall contain the following in the order 302.11 General provisions during tenure of 5. Section 701.14 is amended by adding indicated: award. the following paragraph: (1) On its front flyleaf a table of con­ 302.12 Termination of award. tents with page references, followed by 302.13 Survey vessel and ship employees. This section shall apply to amended 302.14 Additional authorization. petitions and amendments to petitions a list of all citations alphabetically ar­ except as the Court in a particular case ranged as to cases cited together with A u t h o r it y : §§ 302.1 to 302.14 issued under may otherwise direct. references to pages. Citations shall be R. S. 161; 5 U. S. C. 22. Interprets or applies 6. Section 701.24 (a) (2) is amended in italics when printed and underscored sec. 310, 60 Stat. 139; 50 ü. S. C. App. 1790. by changing the last sentence to read: when typewritten. (See § 701.4). § 302.1 Statement of program. The “Form 305 may be obtained from the (2) A statement of the nature of the United States Coast and Geodetic Survey Clerk and used for this purpose but an controversy, the tax involved; and the is authorized to continue survey work adequate substitute will suffice.” issues to be decided. .in the Philippines, and to detail qualified 7. Section 701.26 is amended by chang­ (3) The party having the burden of personnel of the Bureau to instruct and ing the heading of paragraph (a) to proof shall set forth complete statements train not exceeding twenty citizens of read, as follows: of the facts based upon the evidence. the Republic of the Philippines each year Each statement shall be numbered, shall prior to July 1, 1950. (a) Requests for place of hearing. be complete in itself, and shall consist Insert paragraph headings, as follows: of a concise statement of the essential § 302.2 Purpose and scope of program. fact and not a discussion or argument The objectives of the United States (d) Designation of place of hearing. relating to the evidence or the law. Ref­ Coast and Geodetic Survey are (a) to (e) Motions for changing place desig­ erence to the pages of the transcript or provide trained personnel of the Bureau nated. the exhibits relied upon in support there­ ■ to conduct and supervise surveying, The first sentence of paragraph (e) is of shall be inserted after each separate mapping, and charting operations in the amended to read, as follows: “If either statement. Philippine Islands and (b) to train citi­ party desires a change in designation of If the other party disagrees with any zens of the Republic of the Philippines in the place of hearing he must file a mo­ or all of the statements of fact, he shall the efficient conduct of Coast and Geo­ tion with four copies to that effect, stat­ set forth each correction which he be­ detic Survey activities. ing fully his reasons therefor.” lieves the evidence requires and shall § 302.3 Applicability of existing regu­ Insert at end of paragraph (e): “(See give the same numbers to his statements lations. The provisions of Part 301 of § 701.4.)”. of fact as appear in his opponent’s brief. this chapter (14 F. R. 41) and Depart- Saturday, December 3, 1949 ^ / - 0 FEDERAL REGISTER 7271 ment of State Regulations (22 CFR 1944 (b) If travel is performed by com­ one-quarter days of sick leave, to be Supp. 28.1-28.12; as amended, 22 CFR mercial boat for a total of 350 pounds granted as needed during the training 1946 Supp. 28) and subsequent amend­ in weight, exclusive of hand baggage. period. Philippine-trainees aré subject ments thereto which may be adopted (c) When transcontinental rail travel to such other policies and procedures as from time to time are hereby made effec­ is involved upon arrival in the United are applicable generally to the conditions tive to govern payments to and in behalf States or preparatory to departure by of temporary employment in the Depart­ of persons receiving instruction or train­ commercial or Government-owned ves­ ment of Commerce which are not incon­ ing in accordance with the provisions of sel from the United States, for a total sistent with the basic purposes of the the Philippine Rehabilitation Act of 1946, of 350 pounds, transportation request to training program. insofar as said regulations may be found be marked “Trans-Pacific”. § 302.12 Termination of award. The applicable. (d) For unaccompanied baggage not award to any Philippine-trainee may be to exceed either 50 pounds in weight terminated by the Secretary of Com­ § 302.4 Training awards. Persons when shipped by air express or 350 selected for training in the United States merce prior to completion of training pounds in weight when shipped by means upon recommendation of the Director Coast and Geodetic Survey under this other than air express. program shall be called “Philippine- of the United States Coast and Geodetic (e) When travel is by Government- Survey, whenever such action is advis­ trainees”. Trainees shall be designated owned or controlled vessel for a total of by the President of the Republic of the able in the best interests of either the 400 pounds when accompanied by the United States or the Philippine Govern­ Philippines in accordance with pro­ passenger, such baggage to be stored in cedures and standards established by the ment. Upon termination of award prior the hold, and two pieces of hand bag­ to pompletion of training Philippine- Director of the United States Coast and gage, when combined not to exceed the Geodetic Survey. Letters of award shall trainees will be entitled to expenses to size of a steamer trunk or foot locker, their homes as provided in §§ 302.6 and be prepared either by the Director of the to be stored in the stateroom. • United States Coast and Geodetic Survey 302.7 except when such termination is or by his authorized representative at § 302.8 Maintenance allowances to due to misconduct. Manila for presentation to each trainee Philippine-trainees. Each Philippine- § 302.13 Survey vessel and ship em­ upon selection. These awards shall be trainee shall receive a maintenance al­ ployees. The United States Coast and limited to June 30, 1950. lowance of not more than $6.00' per day Geodetic Survey shall assume all finan­ for quarters and subsistence upon ar­ § 302.5 Compensation. The Director cial responsibility for the manning, oper­ rival at port of entry in the United ating, and repair of one survey vessel. of the United States Coast and Geodetic States during travel or office or land Survey shall determine the amount of This survey vessel will be provided by the assignments in the United States; actual Republic of the Philippines. Members compensation to be paid Philippine- expenses only such as mess (receipts to trainees under this program, and such of the crew and chief engineer shall re­ be furnished) during assignments on ceive excepted appointments in the compensation may vary with the location board Coast and Geodetic Survey vessels of the assignment or other working United States Coast and Geodetic Survey. operating in United States waters; and The rates of pay and allowable rations conditions. $1.00 per day subsistence allowance for members of the crew and chief engi­ § 302.6 Travel grants to Philippine- while assigned to duty at Manila, P. I., neer shall be fixed by the Director of the trainees. Each applicant selected for and aboard training vessels; for travel United States Coast and Geodetic Sur­ training in the United States will re­ in the Philippine Islands outside of vey subject to the approval of the Secre­ ceive Government transportation when Manila a per diem, in lieu of the $1.00 tary of Commerce. available or the lowest available first- ' per day subsistence allowance, based on class commercial transportation to the conditions of travel, may be authorized § 302.14 Additional authorization. place in the United States where he is not to exceed $5.00, to be reduced in Any emergency, unusual, or additional to study, as designated in the travel accordance with paragraph 47 (a) payment deemed necessary under the orders, and return, and the following Standardized Government-Travel Regu­ program, if allowable under any existing allowances: lations if Government quarters and/or authority, may be authorized whether or (a) Per diem in lieu of subsistence at meals are furnished. not specifically provided for by fcbe reg­ ulations of this part. rates specified in the Standardized Gov­ § 302.9 Insurance or medical services. ernment Travel Regulations and Appen­ Sick and accident insurance will be pro­ This part shall become effective as of dix A thereto during land or air travel vided for trainees (for whom such bene­ January 1, 1949. or commercial boat travel when ticket fits are not otherwise allowed) while in L. O. Colbert, covers transportation only. the United States during the official pe­ Director, (b) When the ticket for commercial riod of the training program. Medical U. S. Coast and Geodetic Sujrvzy. boat travel includes meals and berth, no services not covered by health insurance Approved: per diem is allowable, b u t. actual ex­ or provided on United States Govern­ penses not to exceed steamer fees are ment vessels must be at the expense of C. V. W h itney, allowable as follows: _ the individual. In the event of death Acting Secretary of Commerce. (1) $1.50 per day for the first ten days, while engaged in the training program Approved: (2) $1.00 per day for the second ten away from home the actual expenses of J ames E. W ebb, days, preparing and transporting the remains Acting Secretary of State. (3) $0.50 per day for the remainder of of the trainee to his former home are the trip. authorized. IF. R. Doc. 49-9680; Filed, Dec. 2, 1949; (c) Actual expenses for subsistence 8:45 a. m.] when traveling to and from the United § 392.10 Clothing. All clothing re­ States on vessels owned or controlled by quired by the trainee must be obtained / “ the United States Government (receipts at his expense. ® 'TITLE 43— PUBLIC LANDS: to be furnished) . § 302.11 General provisions during INTERIOR (d) Actual expense of transportation tenure of award. Philippine-trainees in the United States performed in con­ are exempt from the following appoint­ Chapter I— Bureau of Land Manage­ nection with assignments and training. ment requirements: Age, citizenship, ment, Department of the Interior veterans’ preference, physical condition, § 302.7 Baggage. The cost of ship­ Appendix— Public Land Orders ment to and from United States, or fingerprinting, civil service examination, reimbursement of shipping charges upon loyalty investigation, and oath of office. [Public Land Order 618] presentation of receipts, is allowed as Philippine-trainees are likewise not sub­ Colorado and U tah follows: ject to the provisions of the Retirement (a) If travel is performed by commer­ Act. For each month of service Philip­ ABOLISHING THE LA SAL NATIONAL FOREST pine-trainees shall be credited with two AND TRANSFERRING ITS LANDS TC), THE cial air carrier, for excess baggage not MANTI NATIONAL FOREST to exceed 50 pounds in weight, when and one-half days of annual leave, to be shipped as éxcess baggage or by air granted before the completion of the By virtue of the authority vested in express. period of training; and with one and the President by the act of June 4, 1897, ' No. 233------2 7272 RULES AND REGULATIONS 30 Stat. 11, 36 (U. S. C. title 16, sec. 473), authorized by the Owner shall be taken the effect of spreading the actual ex­ and pursuant to Executive Order No. into account in the determination of penses applicable to each such vessel 9337 of April 24, 1943, and upon the “Net Voyage Profit” thereunder or the over the accounting periods involved recommendation of the Under Secretary expenses to provide for which such (with respect to which a separate de­ of Agriculture, it is ordered as follows: reserves are so authorized shall be termination of additional charter hire The La Sal National Forest, in Colo­ distributed over the period of use there­ is required to be made) on the basis of rado and Utah, as defined by Presidential under of the vessels involved commenc­ the relation that the number of vessel Proclamation of January 25, 1906, and ing with the first voyage terminating days of such vessel in each such period as subsequently modified, is hereby abol­ after December 31, 1946, in such manner bears to the total of such vessel days ished and the lands now comprising the as will accomplish the same result as commencing with the beginning of the said La Sal National Forest are trans­ though such reserves were established, first voyage of such vessel terminating ferred to and consolidated with the Man- all pursuant to regulations prescribed by after December 31,1946, and ending with ti National Forest, effective July 1, 1949. the Owner (hereinafter referred to as the date of its redelivery to the Com­ These lands are located within the fol­ the Commission). To implement that mission. lowing described areas: provision of the aforesaid “Reserves (c) The reserves for P. & I. insurance Colorado Addendum”, the following regulations deductible average losses shall be ad­ are prescribed: justed at the time of final accounting NEW MEXICO PRINCIPAL MERIDIAN (a) Subject to the conditions herein under the bareboat charter agreement, Tps. 48 and 49 N., R. 19 W., partly unsurveyed. provided, upon application of the Char­ by distributing separately the balances Tps. 48, 49 and 50 N., R. 20 W., partly unsur­ terer, supported by adequate data based in such reserves applicable to each in­ veyed. on past experience, the inclusion in ves­ dividual vessel in such manner as will U t a h sel operating expenses applicable to all have the effect of spreading the actual SALT LAKE MERIDIAN voyages terminating after December 31, expenses applicable to each individual Tps. 34 and 35 S., R. 17 E., partly unsurveyed. 1946, of such charges as the Commission vessel over the accounting periods in­ Tps. 33, 34, 35 and 36 S., R. 18 E., partly un­ determines to be fair and reasonable will volved (with respect to which a separate surveyed. be permitted to provide reserves for: determination of additional charter hire Tps. 33, 34, 35, 36 and 37 S., R. 19 E., unsur­ _ (1) Vessel repair expenses (including is required to be made) on the basis of veyed. voyage arid annual or periodic special the relation that the number of vessel Tps. 33, 34, 35 and 36 S., R. 20 E., partly un­ survey repair expenses as well as ex­ days of such vessel in each such period surveyed. penses of repairs incident to redelivery bears to the total of such vessel days Tps. 32, 33, 34 and 35 S., R. 21 E., partly un ­ surveyed. * of vessels). commencing with the beginning of the Tps. 32, 33, 34 and 35 S., R. 22 E., partly un­ (2) Vessel redelivery expenses (ex­ first voyage of such vessel terminating surveyed.: cepting such expenses specifically ex­ after December 31,1946, and ending with Tps. 26, 27, 28, 32, 33, 34 and 35 S., R. 23 E- cluded in the determination of additional the date of its redelivery to the Tps. 25, 26, 27 and 28 S„ R. 24 E., partly un­ charter hire by the provisions of the first Commission. surveyed. paragraph of Article V of the Foreign (d) If in any instance either of the Tps. 25, 26, 27, 28 and 29 S., R. 25 E., partly Trade Addendum, or otherwise, and ex­ reserves specifically authorized in para­ unsurveyed. cepting also any overhead expenses of graph (a) of this section is not estab­ Tps. 26, 27 and 28 S., R. 26 E. the Charterer) incurred during the pe­ lished, or, if established, the amount It is not intended by this order to give riod from the time of paying off the crew thereof is not adequate to cover the ac­ a national-forest status to any publicly or completion of discharge of cargo or tual expenses properly chargeable there­ owned lands which have not hitherto had ballast on the last voyage, or from the to, such expenses, or the excess thereof such a status, or to change the status of date of availability of the vessel for re­ over the amount of the reserve estab­ any publicly owned lands which have delivery pursuant to the terms of the lished to provide therefor, as the case hithereo had national-forest status. bareboat charter agreement, whichever may be, applicable to each individual later occurs, to the time of redelivery of vessel involved, shall be distributed over J. A. K rug, the vessel to the Commission, such as (i) the period of use of such vessel under the Secretary of the Interior. wages of crew, (if) food and stores con­ bareboat charter agreement, commenc­ N ovember 28, 1949. sumed, (iii) fuel consumed, (iv) basic ing with the first voyage terminating [F. .R. Doc. 49-9681; Filed, Dec. 2, 1949; charter hire, (v) insurance premiums, after December 31,1946, in such manner 8:45 a. m.] (vi) .port charges, (vii) cleaning, watch­ as will accomplish the same result as ing, maintenance expenses, shore labor, though adequate reserves were estab­ and miscellaneous expenses incident to lished to provide for such expenses as TITLE 46— SHIPPING redelivery, and (viii) expenses incident to herein provided. Stripping the ship if required and ex­ (e) In the determination of "Net Voy­ Chapter II— United States Maritime penses incident to transporting the ship age Profit” under the bareboat charter Commission from port of return in the United States agreement, there shall not be taken into upon its last voyage to port of redelivery, account (1) any charge resulting from Subchapter F—Merchant Ship Sales Act of 1946 and the creation of reserves applicable to [Gen. Order 60, Supp. 20] (3) Reserves for P. & I. insurance de­ voyages terminated prior to January 1, P art 299—R ules and R egulations, F orms ductible average losses. 1947, (2) any charge resulting from the and Citizenship R equirements (b) The reserves for vessel repair ex­ creation of reserves to cover expenses penses and for vessel redelivery expenses 'other than those specifically provided SUBPART C—CHARTER OF WAR-BUILT VESSELS shall be adjusted (1) as at December 31, for in paragraph (a) of this section, (3) TO CITIZENS 1948, with respect to vessels redelivered any charge to the period ended Depem- § 299.35 Regulations with respect to to the Commission on or before that ber 31, 194(1 resulting from the spread­ reserves to be taken into account in the date, (2) as at the end of each succeed­ ing of expenses incurred on voyages ter­ determination of “Net Voyage Profit” un­ ing calendar year with respect to vessels minated thereafter, or (4) any charge der SHIPSALESDEMISE 303 Bareboat redelivered to the Commission during resulting from the spreading of expenses Charter Agreement and Addenda thereto. such year^ and (3) at the time of final other than those with respect to which By the “Reserves Addendum”, insofar as accounting under the bareboat charter the creation of reserves is specifically Charterers who have executed such ad­ agreement with respect to vessels rede­ provided for in paragraph (a) of this dendum are concerned, subparagraph 1 livered to the Commission during the section. of paragraph (a) of Clause 28 of Part II period following the end of the last pre­ (f) The establishment of the rules and of SHIPSALESDEMISE 303 Bareboat ceding calendar year. Such adjustment regulations prescribed in this section is Charter Agreement was amended to pro­ shall be accomplished by distributing without prejudice to the right of the vide, among other things, that, notwith­ separately the balances in such reserves Commission to determine upon the em­ standing the provisions of United States applicable to each individual vesssel re­ ployment of other bases for allocation of Maritime Commission General Order No. delivered to the Commission during each the expenses involved in any instance 22, such reserves as may be specifically such period in such manner as will have where, in the judgment of the Commis- Saturday, December 3, 1949 FEDERAL REGISTER 7273 sion, the results produced by the appli­ penses, such other charges which are has executed this Addendum th* cation of the regulations prescribed here­ customarily made in accordance with sound day o f ____ _ 194—. . . accounting practice in determining net Execution for Charterer: in are not fair and reasonable and in profits before provision for Federal income accordance with sound accounting prac­ taxes as the owner may deem fair and rea­ By: tice. sonable, and Whereas, the owner deems the establish­ Attest : (Sec. 12 (d), 60 Stat. 50, sec. 2 (d), 61 ment of certain reserves with respect to voy­ Stat. 191; 50 U. S. C. App. and Sup. 1745, ages terminating after December 31, 1946, Or if not Incorporated 1738) hereunder to be fair and reasonable and in In the presence of: accordance with sound accounting practice, By order of the United States Mari­ Now, therefore, in consideration of the Witness time Commission. premises it is mutually agreed as follows: Execution for Owner: [seal] A. J. W illiams, 1. Paragraph V—“Net Voyage Profit” of the U n ite d S tates o f A m erica Secretary. Domestic Trade Addendum, and Paragraph By: U n it e d S tates M a r it im e C o m m is s io n IV—“Net Voyage Profit” of the Foreign Trade O ctober 13, 1949. By: ------— ------—- ...... Addendum are hereby deleted in their en­ For the Commission [F. R. Doc. 49-9692; Filed, Dec. 2, 1949; tirety. Approved as to form 8:47 a. m.] 2. Clause 28 (a) (1) is hereby amended to F r a n c is B. G oertn er read as follows: (1) shall keep its books, General Counsel records and accounts relating to the man­ By: —...... /•J —------agement, operation, conduct of the business E lm e r E . M etz [Gen. Order 60, Amdt. 2 to Supp. 5] of and maintenance of the vessels covered by Assistant General Counsel this Agreement in accordance with the “Uni­ P art 299— R ules and R egulations, form System of Accounts for Operating-Dif­ I , ______certify that I F orms and Citizenship R equirements ferential Subsidy Contractors” prescribed by am the duly chosen, qualified, and acting the United States Maritime Commission in Secretary o f ------a party SUBPART G—FORMS its General Order No. 22, and under such to this Agreement, and, as such, I am the Section 299.82 Uniform bareboat char­ regulations as may be prescribed by the Own­ custodian of its official records and the ter of a war-built dry-cargo vessel under er : Provided, That, notwithstanding the pro­ minute books of its governing body; visions of United States Maritime Commis­ t h a t ______: ___, who signed this the Merchant Ship Sales Act of 1946, sion General Order No. 22, such reserves as Agreement on behalf of said corporation, was “SHIPSALESDEMISE 303" is amended may be specifically authorized by the Owner then the duly qualified------by adding at the bottom thereof immedi­ shall be taken into account in the determina­ of said corporation; that said officer affixed ately following citation “EG. O. 60, 11 tion of "Net Voyage Profit” hereunder or his manual signature to said Agreement in F. R. 4459 as amended by Supp. 5, 11 the expenses to provide for which such re­ his official capacity as said officer for and F. R. 9936, Amdt. I, 13 F. R. 4710]” the serves are so authorized shall be distributed on behalf of said corporation by authority following form of Addendum: over the period of use hereunder of the ves­ and direction of its governing body duly made sels involved, commencing with the first voy­ and taken; that said Agreement is within the SHIPSALESDEMISE 803 age terminating after December 31, 1946, in scope of the corporate and lawful powers of (Reserves Addendum) • such manner as will accomplish the same re­ this corporation. Contract No. MCc ____ sult as though such reserves were established, Addendum No. ______all pursuant to regulations prescribed by the Secretary This addendum to Bareboat Charter Owner: And, provided, further, That, if the [CORPORATE SEAL] Agreement, dated as o f ------— , 194------, charterer is subject to the Jurisdiction of the (Sec. 12 (d), 60 Stat. 50, sec. 2 (d), 61 between the United States of America, acting Interstate Commerce Commission, the Owner Stat. 191, Pub. Law 147, 81st Cong.; 50 by and through the United States Mari­ shall not require the duplication of books, U. S. C. App. and Sup. 1745, 1738) time Commission (hereinafter called the records and accounts required to be kept in "Owner”) and ______(here­ some other form by that Commission; and By order of the United States Maritime inafter called the "Charterer”), whose ad­ 8. That, except as herein specifically modi­ Commission. dress I s ______fied, all the terms and conditions of the [ seal] A. J. W illiams, WITNESSETH Agreement, as heretofore amended, shall re­ Secretary. main in full force and effect. Whereas, Clause 23 (a) provides, among O ctober 13, 1949. other things, that “Net Voyage Profit” shall In witness whereof, the Owner has executed be determined by deducting from gross in­ this Addendum in quadruplicate th e ------[F. R. Doc. 49-9693; Filed, Dec. fi, 1949; come, in addition to certain specified ex­ day o f ______194___ _ and the Charterer 8:47 a. m.]

PROPOSED RULE MAKING

flected by the addition of a new para­ DEPARTMENT OF AGRICULTURE thereof) changing the representation of certain districts on the Elberta Peach graph (e) to § 936.102 Administrative Production and Marketing Commodity Committee, also established bodies of such rules and regulations: Administration under said amended marketing agree­ (e) Changes in the representation of ment and order. These changes in certain districts on Elberta Peach Com­ [ 7 CFR, Part 936 ] representation would become effective modity Committee. The representation H andling of F resh B artlett P ears, pursuant to the applicable provisions of or membership on the Elberta Peach the aforesaid amended marketing agree­ Commodity Committee is changed to P lum s, and Elberta P eaches G rown in ment and order regulating the handling California provide for: of fresh Bartlett pears, plums, and El­ (1) Three (3) members to represent NOTICE OF PROPOSED CHANGES IN REPRE­ berta peaches grown in the State of Cali­ the area included in the Fresno Dis­ SENTATION ON ELBERTA PEACH COMMODITY fornia. This is a regulatory program trict; COMMITTEE effective under the Agricultural Market­ (2) One (1) member to represent,-the Notice is hereby given that there is ing Agreement Act of 1937, as amended area included in the Tulare District and under consideration for approval, pur­ (7 U. S. C. 601etseq.). Kern District; suant to section 2 (s) (11) of the Upon approval of the foregoing reso­ (3) Two (2) members to represent the amended marketing agreement and lution of the Control Committee, the fol­ area included in the Stanislaus District § 936.2 (s) (11) of Order No:- 36, as lowing changes in the representation or and Contra Costa District; and amended (7 CFR, Part 936), a resolution membership on the Elberta Peach Com­ (4) One (1) member to represent all adopted by the Control Committee (es­ modity Committee will become effective; of the territory in California not in­ tablished under the amended marketing and such changes will, become a part of cluded in the foregoing districts. agreement and order as the agency to the rules and regulations (7 CFR 936.100 All persons who desire to submit writ­ administer the terms and provisions et seq.) currently in effect and be re­ ten data, views, or arguments for con- 7274 PROPOSED RULE MAKING

sidération in connection with the may Ale with the Commission on or be­ licensed on one of the following fre- approval of the aforesaid proposals fore December 30, 1949, written data, quencies: should file the same in duplicate with views, or comments concerning said pro­ Me. MO. Mo. Me. the Director, Fruit and Vegetable posals. At the same time, persons favor­ 940.5 943.5 946.5 949.5 Branch, Production and Marketing Ad­ ing the amendments as proposed may 941.0 944.0 947.0 950.0 ministration, United States Department file written data, views, or comments 941.5 944.5 947.5 950.5 of Agriculture, Washington 25, D. C., not supporting the said proposals. The Com­ 942.0 945.0 948.0 951.0 later than fifteen days after publication mission will consider all such comments 942.5 945.5 948.5 951.5 of this notice in the F ederal R egister. before taking final action in the matter, 943.0 946.0 949.0 Done at Washington, D. C., this 30th and if comments are submitted which (b) A standard broadcast STL sta day of November 1949. appear to warrant the holding of oral may be licensed on one of the follov argument, notice of the time and place of frequencies : i [seal] S. R. S mith, such oral argument will be given. Director, Fruit and Vegetable Me. Me. Me. Me. 7. No data, views, or comments will be 925.5 929.5 933.5 937.5 Branch, Production and Mar­ accepted in this proceeding with respect 926.0 930.0 934.0 938.0 keting Administration. to frequency allocations referred to in 926.5 930.5 934.5 938.5 [F. R. Doc. 49^9691; Filed, Dec. 2, 1949; this notice and heretofore adopted by the 927.0 931.0 935.0 939.0 8:47 a. m.] Commission. 927.5 931.5 935.5 939.5 8. Interested persons who desire to 928.0 932.0 936.0 submit written data, views, or comments 928.5 932.5 93(f.5 929.0 933.0 . 937.0 FEDERAL COMMUNICATIONS shall, in accordance with § 1.764 of the Commission’s rules and regulations Stations operating on these frequencies COMMISSION furnish the Commission with an original must accept any interference that may [ 47 CFR, Parts 2, 4 ] and 14 copies thereof. be experienced from the operation of Adopted: November 25, 1949. industrial, scientific and medical equip­ [Docket No. 9508] ment. Released: November 28, 1949. STL S tations (c) The frequencies listed in para­ NOTICE OF PROPOSED RULE MAKING F ederal Communications graph (b) of this section may be as­ Com m ission, signed to FM broadcast STL stations in Ï. Notice is hereby given of proposed [seal] T. J. S lo w ie, any area where insufficient space in that rule making in the above entitled matter. Secretary. área is available in the band 940-952 Me. 2. It is proposed to amend Parts 2 and a. Part 2 of the Commission’s rules 4 of the Commission’s rules and regula­ and regulations is proposed to be 7. In § 4.503 add a new § 4.503 as tions governing STL stations as set forth amended as follows: follows: below. In § 2.104 (a) delete the footnote des­ § 4.503 Frequency selection. (a) 3. Pursuant to actions in Docket No. ignator “NG13” on the band 890-940 Me. Each application for a new station or a 6651 frequencies in the 940-952 Me. band in column 7 of the Table of Frequency change in an existing station shall be have been allocated for FM studio trans­ Allocations. specific with regard to frequency. In mitter link stations. Under this alloca­ b. Part 4 of the Commission’s rules general, the lowest suitable frequency tion such frequencies are not available and regulations is proposed to be will be assigned which, on an engineer­ for STL operations in conjunction with amended as follows: ing basis, will not cause harmful inter­ international broadcast stations. These 1. In §4.1 (b) (2K change the refer­ ference to other stations operating in actions have not heretofore been incor­ ence title from “ST Broadcast” to accordance with existing frequency allo­ porated into Part 4 of the Commission’s “Broadcast STL Stations (Subpart E)’\ cations. rules and regulations. 2. In § 4.11, in line 2 delete the term (b) Where it appears that interfer­ 4. The proposed amendment to Part 4, “ST” and substitute therefor “, broad­ ence may result from the operation of a Subpart E of the rules will change the cast STL,”. new station or a change in the facilities title of this subpart to Rules Governing 3. In §4.18 (b), in line 1 delete the of an existing station, the Commission Broadcast STL Stations: Delete the pro­ words “and ST broadcast” and substi­ may require a showing that harmful in­ visions whereby international broadcast tute therefor “, broadcast STL,”. terference will not be caused to existing stations are eligible as licensees; insert 4. In Subpart E change the title of stations or that if interference will be tables of assignable frequencies ; modify this subpart to “Rules Governing Broad­ caused the need for the proposed service the present limitation as to the number cast STL Stations.” outweighs the loss of service due to the of such stations which can be authorized 5. In § 4.501 substitute the following interference. for use with a single broadcast station; text for the present text of this section: change the frequency tolerance require­ 8. In § 4.531 substitute the following ment; to make minor editorial changes; § 4.501 Definitions, (a) FM Broad­ text for the present text of this section: and make appropriate changes and addi­ cast STL station. A fixed station uti­ lizing telephony to transmit from a § 4.531 Licensing requirements, (a) tions to the definitions and nomenclature An FM broadcast STL station will be in Part 4. The proposed amendment will studio of ah FM broadcasting station to licensed only to the licensee of an FM also permit standard broadcast stations the transmitter of that broadcasting station, programs to be broadcast by broadcasting station as an auxiliary to to utilize STL stations in the 925-940 Me. a particular FM broadcasting station of portion of the 890-940 Me. ISM band. that station. that licensee. Other services likewise may share fre­ (b) Standard broadcast STL station. A fixed station utilizing telephony to (b) A standard broadcast STL station, quencies in this band in accordance with will be licensed only to the licensee of a § 2.104 (a) of the rules. The proposed transmit from a studio of a standard broadcasting station to the transmitter standard broadcasting statiop as an aux­ amendment to Part 2 of the rules makes iliary to a particular standard broadcast­ appropriate changes and additions to the of that broadcasting station, programs ing station of that licensee. definitions and nomenclature in Part 2. to be broadcast by that station. (c) The term “FM broadcasting sta- (c) More than one FM broadcast STL 5. Authority to issue the proposed or standard broadcast STL station will amendments is vested in the Commission tipn” as used in this part of the rules includes non-commercial educational be licensed for use with a single broad­ under sections 303 (a), (b), (c), (d>, casting station only upon satisfactory (e), (f), (g), (j), (1), (n), (p), (q), Or), FM broadcasting stations. (d) The abbrevation “STL” is derived showing that such additional facilities and 4 (i) of the Communications Act of from “studio-transmitter link”. are necessary or will result in a substan­ 1934, as amended. tial improvement in the service which the 6. Any interested person who is of the 6. In § 4.502 substitute the following broadcasting station renders. opinion that the proposed amendment for the present text: should not be adopted, or should not be § 4.502 Frequency assignment, (a) 1 Shared with other services. See § 2.104 adopted in the form set forth herein, An FM broadcast STL station may be (a) of the rules. Saturday, December 3, 1949 FEDERAL REGISTER 7275 (d) Each station shall be licensed at a the term “ST broadcast stations” in the 2.5 Each registrant shall furnish to fixed location and the direction of radia­ following sections: § 4.533, line 2; § 4.534, the Commission a statement, on a form tion of the antenna shall be fixed. lipe 1; § 4.535, line 1; § 4.536, line 1; to be supplied by the Commission, giving • 9. In § 4.532 substitute the following §4.561, lines 1 and 2; § 4.562, line 2; full information with respect to (a) the text for the present text of this section: § 4.563, lines 1 and 2; §4.566, line 2; registrant’s name and the address of its § 4.581, lines 1 and 2; § 4.582, line 1 and principal and branch offices, (b) form of § 4.532 Service, (a) The license of an in the footnote thereto. organization and place of incorporation PM broadcast STL station or a standard if a corporation, (c) names and citizen­ broadcast STL station authorizes thé re­ [F. R. Doc. 49-9709; Filed, Dec. B, 1949; ship of officers and principal stockhold­ laying of programs from a studio to the 8:51 a. m.] ers, proprietors, or partners, as the case transmitter of the broadcasting station may be, (d) the extent of the holdings with which it is licensed, for simultane­ of each stockholder, (e) statement as to ous or delayed broadcasting. UNITED STATES MARITIME whether forwarding business is a sub­

8.0 Forwarder’s receipts for cargo forwarder has applied for a registration Dated: November 29, 1949. number from the United States Maritime shall be clearly identified as such and By order of the United States Mari­ shall not be in a form purporting to be Commission pursuant to these regula­ time Commission. a bill of lading. tions. IV. Effective date and applicability of 3.7 No forwarder, after the date on [seal] A. J. W illiams, regulations. 4.1 These regulations Secretary. which he is required to register, shall shall be published in the F ederal R eg­ demand or accept brokerage from steam­ ister and shall become effective sixty [F. R. Doc. 49-9694; Filed, Dec. 2, 1949; ship companies unless and until such (60) days after such publication. 8:48 a. m.]

NOTICES

FEDERAL POWER COMMISSION the Federal Power Act and subject to facilities subject to the jurisdiction of regulation thereunder as such, the last this Commission with those of another [Docket No. F-6250] such determination having been made person or persons within the meaning, N ewport E lectric Corp. June 6, 1946, as reported in 5 F. P. C. and subject to the requirements, of sec­ 551. Subsequent annual reports and tion 203 of the Federal Power Act. NOTICE OP APPLICATION power system statements filed by Penelec (4) Penelec proposes to consummate N ovember 29, 1949. have disclosed no change affecting its such transaction or transactions without Notice is hereby given that on Novem­ status as such a “public utility”, and first having applied for and obtained this ber 28,1949, an application was filed with this Commission has authorized no sale Commission’s authorization or approval the Federal Power Commission, pursuant or other disposition of Penelec facilities under said section 203. to section 294 of the Federal Power Act, subject to the Commission’s jurisdiction, (5) It is necessary and appropriate to by Newport Electric Corporation, a cor­ the continued ownership of which inter carry out the provisions of section 203 of poration organized under the laws of the alia, causes it to continue to be such a the act that the following order issue. State of Rhode Island and doing busi­ “public utility”. Accordingly, under date The Commission orders: ness in said State, with its principal of August 10,1949, a letter signed by the A. Penelec shall forthwith show cause business office at Newport, Rhode Island, Acting Secretary of the Commission was in writing, if any there be, why the Com­ seeking a determination by the Federal addressed to Penelec, directing its atten­ mission should not: Power Commission as to whether or not tion to the provisions of section 203 of i. Find and determine that the pro­ the issuance by Applicant of bank notes the Federal Power Act in connection posed transaction or transactions re­ in the total principal amount of $300,000 with the contemplated transactions. ferred to above are subject to the requires authorization by the Federal By letter dated August 19, 1949, Pen­ requirements of section 203 of the Power Commission, and, if it does, seek­ elec, by its Counsel, acknowledged the Federal Power Act; ing authorization for the approval of the plan to acquire the assets of the three ii. Find and determine that the con­ issuance of such securities; the bank companies named and alleged that the summation of such transaction or notes are to be issued from time to time proposed transactions were not subject transactions, under the circumstances, as the needs of the Applicant require to to the jurisdiction of the Federal Power .without this Commission’s prior authori­ bear interest at the rate of 2V^%, payable Commission “by reason of the exclusion zation or approval would constitute will­ quarterly and to mature not more than contained in section 201 (b) of the Fed­ ful and knowing violation of said section eleven months from the date of issuance, eral Power Act,” since the Company took 203; the proceeds to be used to retire other the position that the properties to be iii. By order require such action to be maturing indebtedness of the Applicant acquired were* facilities used solely in taken by Penelec as may be necessary or and for construction purposes; all as local distribution and that no part of appropriate to secure full compliance such facilities could be considered trans­ with section 203 and to secure the ob­ more fully appears in the application on mission facilities. servance of all terms and conditions file with the Commission. Under date of August 31, 1949, the Any person desiring to be heard, or to which the Commission might properly Acting Secretary replied to that letter impose upon an application duly made make any protest with reference to said citing numerous orders entered by the pursuant to that section for authoriza­ application should, on or before the Commission during the preceding five tion and approval of such transaction or 12th day of December 1949, file with the years finding that acquisition by “public transactions. Federal Power Commission, Washington utilities”, within the meaning of that B. A public hearing be held in the 25, D. C., a petition or protest in ac­ term as used in the Federal Power Act, Commission’s hearing room, 1800 Penn­ cordance with the Commission’s rules of facilities such as are said to be involved sylvania Avenue NW., Washington, D. C., of practice and procedure. here, were subject to the requirements commencing at 10:00 o’clock a. m. e.s.t., [ seal] Leon M. F uquay, of section 203 of the act. on December 9,1949, with respect to the Secretary. Information obtained from the Penn­ Issues involved in this proceeding. sylvania Public Utility Commission indi-. [F. R. Doc. 49-9698; Filed, Dec. 2, 1949; Date of issuance: November 29, 1949. 8:48 a. m.] cates that the consideration to be paid for the properties of each of the com­ By the Commission. panies is in excess of $50,000. Penelec’s Counsel has advised that the estimated [seal] Leon M. F uquay, excess of the purchase prices to be paid Secretary. [Docket No. E-6251] over the original cost of the facilities, [F. R. Doc. 49-9697; Filed, Dec. 2, 1949; P ennsylvania E lectric Co. aggregating approximately $100,000, is 8:48 a. m.] proposed to be amortized over a fifteen ORDER TO SHOW CAUSE year period. Such amortization may On or about August 8, 1949, it was adversely affect the public interest. INTERSTATE COMMERCE publicly reported that Pennsylvania The Commission therefore finds : COMMISSION Electric Company (Penelec) proposed to (1) Penelec is a “public utility” as that acquire the assets of Cresson Electric term is used in the act. [4th Sec. Application 24694] Light Company, Gallitzin Electric Light (2) Penelec proposes to acquire elec­ Classes and Co m m o d ities to and F rom Company and Hastings Electrical Com­ tric utility facilities having a value in H idalgo, T ex, pany, and to cause such properties, when excess of $50,000 and to operate such fa­ acquired, to become part of the Penelec cilities as a part of its system. application for relief - system. The Commission had previously (3) By such transaction, or each of N ovember 30,1949. found and determined that Penelec was such transactions, Penelec may directly The Commission is In receipt of the a “public utility” within the meaning of or indirectly merge or consolidate its above-entitled and numbered applica- Saturday, December 3, 1949 FEDERAL REGISTER 7277 tion for relief from the long-and-short- Any interested person desiring the Grounds for relief : Competition with haul provision of section 4 (1) 'of the Commission to hold a hearing upon such rail carriers. Circuitous routes. Interstate Commerce 'Act. application shall request the Commission Any interested person desiring the Piled by: D. Q. Marsh, Agent, for and in writing so to do within 15 days from Commission to hold a hearing upon such on behalf of carriers parties to his tariff the date of this notice. As provided by application shall request the Commis­ I. C. C. No. 3552 and others. the general rules of practice of the Com­ sion in writing so to do within 15 days Commodities involved: Classes and mission, Rule 73, persons other than ap­ from the date of this notice. As pro­ commodities, carload and less-than-car- plicants should fairly disclose their vided by the general rules of practice ©f load, originating at or destined to points interest, and the position they intend to the Commission, Rule 73, persons other in Mexico. take at the hearing with respect to the than applicants should fairly disclose From and to Hidalgo, Tex. application. Otherwise the Commission, their interest, and the position they in­ To and from points in Southwestern, in its discretion, may proceed to investi­ tend to take at the hearing with respect Western Trunk Line, Illinois, Official and gate and determine the matters involved to the application. Otherwise the Com­ Southern territories. in such application without further or mission, in its discretion, may proceed to Grounds for relief: Competition with formal hearing. If because of an emer- investigate and determine the matters rail carriers; circuitous routes. gericy a grant of temporary relief is involved in such application without Schedules filed containing proposed found to be necessary before the expira­ further or formal hearing. If because rates : tion of the 15-day period, a hearing, upon of an emergency a grant of temporary a request filed within that period, may relief is found to be necessary before the D. Q. Marsh’s tariff I. C. C. No. 3552, Supp. 93; No. 3784, Supp. 28; No. 3613, Supp; 51; be held subsequently. expiration of the 15-day period, a hear­ No. 3741, Supp. 65; No. 3705, Supp. 54; No. By the Commission, Division 2. ing, upon a request filed within that 3144, Supp. 273; No. 3493, Supp. 123; No. period, may be held subsequently. [seal] W. P. B artel, 3490, Supp. 149; No. 3399, Supp. 34; No. 3854, By the Commission, Division 2. Supp. 25; No. 3527, Supp. 199; No. 3592, Supp. Secretary. 268; No. 3571, Supp. 173. [F. R. Doc. 49-9683; Filed, Dec. 2, 1949; [ seal] W. P. B artel, Any interested person desiring the 8:45 a. m.] Secretary. Commission to hold a hearing upon such [F. R. Doc. 49-9684; Filed, Dec. 2, 1949; application shall request the Commission , 8:45 a. m.] in writing so to do within 15 days from the date of this notice. As provided by [4th Sec. Application 24696] the general rules of practice of the Com­ FEDERAL COMMUNICATIONS mission, Rule 73, persons other than ap­ Automobile B odies F rom M ichigan to COMMISSION plicants should fairly disclose their E astern P oints [Change List 53] interest, and the position they intend APPLICATION fOR RELIEF to take at the hearing with respect to Canadian B roadcast S tations the application. Otherwise the Commis­ N ovember 30, 1949. sion, in its discretion, may proceed to The Commission is in receipt of the LIST OF CHANGES, PROPOSED CHANGES, AND investigate and determine the matters above-entitled and numbered application CORRECTIONS IN ASSIGNMENTS involved in such application without for relief from the long-and-short-haul N ovember 3, 1949. further or formal hearing. If because provision of section 4 (1) of the Inter­ Notification under the provisions of of an emergency a grant of temporary state Commerce Act. Part III, section 2 of the North American relief is found to be necessary before Filed by: B. T. Jones, Agent, for car­ Regional Broadcasting Agreement. the expiration of the 15-day period, a riers parties to his tariff I. C. C. No. 3758, List of changes, proposed changes, and hearing, upon a request filed within that pursuant to fourth section order No. corrections in assignment of Cana­ period, may be held subsequently. >9800. dian Broadcast Stations modifying By the Commission, Division 2. Commodities involved: Bodies, passen­ appendix containing assignments of ger automobile, carloads. Canadian Broadcast Stations (Mimeo­ [seal] W. P. B artel, From: Jackson and Marysville, Mich. graph 47214-3) attached to the recom­ Secretary. To: Baltimore, Md., Bound Brook, mendations of the North American [F. R. Doc. 49-9682; Filed, Dec. 2, 1949; Edgewater and Metuchen, N. J., and Regional Broadcasting Agreement Engi­ 8:45 a. m.] Chester, Pa. neering Meeting, January 30, 1941.

Canada * [4th Sec. Application 24695] Probable date to com­ Call letters Location Power Radiation Class mence operation S ulphate of Ammonia from Louisiana AND TEXAS TO THE SOUTH CKLW. Windsor, Ontario___ 800 kilocycles, 50 kw... D A -2..... II Now in operation. New__ Haileybury, Ontario. 910 kilocycles (delete APPLICATION FOR RELIEF assignment). 1230 kilocycles: N ovember 30, 1949. CHWK. Chilliwack, British Colum­ 250 w .. IV Do. bia. The Commission is in receipt of the CKBB.. Barrie, Ontario______250 W...... IV Do. above-entitled and numbered application New___ Thetford Mines, Quebec__ 250 W...... IV Sept. 1,1950. ■CHWK. Chilliwack, British Colum­ 1270 kilocycles, 1 k w .. DA-1...... III-B Do. for relief from the long-and-short-haul bia (present operation: provision of section 4 (1) of the Inter­ 1230 kc, 250 w, IV). 1340 kilocycles: state Commerce Act. New...... Victoria, British Columbia. 250 w IV Do. Filed by: D. Q. Marsh, Agent, for and CHWK. Chilliwack, British Colum­ (Delete—See 1230 bia. kc and 1270 kc on behalf of carriers parties to his tariff notifications) I. C. C. No. 3746. 1450 kilocycles: New__ Yellowknife, Northwest 150 w...... IV Do. . Commodities involved: Sulphate of Territory. CFYK...... d o ..___ (Assignment of call ammonia, carloads. letters). From: Bastrop, La., and Lone Star, CFOR. Orillia, Ontario (previous 1570 kilocycles, 1 k w .. II Do. assignment: lkw , DA-N, Tex. II) (present operation: To: Points in Southern territory. 1450 kc, 250 w, IV). Grounds for relief: Competition with rail carriers. Circuitous routes F ederal Communications Com m ission, Schedules filed containing proposed [SEAL] T. J. S low ie, rates: D. Q. Marsh’s tariff I. C. C. No. Secretary. 3746, Supp. 40. [F. R. Doc. 49-9710; Filed, Dec. 2, 1949; 8:51 a. m.] 7278 NOTICES

[Designation Order 40] Argument No. 1 D esignation op M otions Commissioner F or D ecember 1949 Docket No.

At a session of the Federal Communi­ 6971 WCPO Scripps-Howard Radio, Inc., CP to change frequen­ 630 kc 1 kw night, 6 kw day cations Commission held at its offices in B2-P-3898 Cincinnati, Ohio. cy and power. DA, unlimited. 6972 New Queen City Broadcasting, Inc., CP...... 630 kc 1 kw night, 6 kw day Washington, D. C., on the 25th day of B2-P-4103 Cincinnati, Ohio. DA, unlimited. November 1949; 6973 WLAP American Broadcasting Corp., CP to change fre­ 630 kc 1 kw night, 6 kw day It is ordered; Pursuant to section 0.111 B2-P-4102 Lexington, Ky. quency, increase DA, unlimited. power, install new of the Statement of Delegations of Au­ transformer. thority, that Robert F. Jones, Commis­ sioner, is hereby, designated as Motions Argument No. 2 Commissioner for the month of Decem­ ber 1949. 8043 WMMJ Mid-State Broadcasting Co., CP to change fre­ 970 kc 1 kw night, 1 kw day It is further ordered, That in the event B4-P-6561 Peoria, 111. quency, horns, in­ DA-2, unlimited. said Motions Commissioner is unable to crease power, etc. 8843 New (Jordon Sherman, Alexander CP...... 970 kc 500 w night, 1 kw day act during any part of said period, the BP-6598 Buchan,' Melvin Feldman, DA, unlimited. Chairman or Acting Chairman will desig­ Sol Binkin, & Robert Weiner, d/b as Lincoln Broadcasting nate a substitute Motions Commissioner. Co., Springfield, 111. F ederal Communications Com m ission, Argument N o. 3 [seal] T. J. S low ie, Secretary. 8004 New Manistee Radio Corp., Man­ CP...... 1340 kc 250 w night, 250 w B2-P-5433 istee, Mich. day, unlimited. [F. R. Doc. 49-9711; Filed, Dec. 2, 1949; 8884 New Door County Broadcasting Co., CP ...... 1340 kc 250 w night, 250 w 8:51 a. m.] BP-6545 Inc., Sturgeon Bay, Wis. day, unlimited.

Approved: November 17, 1949. F ederal Communications Com m ission, [File Nos. 6971-6973] [seal] T. J. S low ie, S cripps-H oward R adio, I nc. (WCPO), Secretary. et AL. [F. R. Doc. 49-9712; Filed, Dec. 2, 1949; 8:51 a. m.] ORDER continuing, oral argument In re applications of Scripps-Howard Radio, Inc. (WCPÒ), Cincinnati, Ohio, [Docket Nos. 8239, 8240, 8846] mission en banc at Washington, D. C., Docket No. 6971, File No. B2-P-3898; Connecticut E lectronics Corp. et al. and that the parties are afforded an op­ Queen City Broadcasting, Inc., Cincin­ portunity to address themselves not only nati, Ohio, Docket No. 6972, File No. ORDER SCHEDULING ORAL ARGUMENT to the exceptions filed but also to the B2-P-4103; American Broadcasting Cor­ In re applications of the Connecticut above-described petition to strike and poration (WLAP), Lexington, Kentucky, Electronics Corporation, Bridgeport, the issues raised therein. Docket No. 6973, File No. B2-P-4102; Connecticut, Docket No. 8239, File No. Released: November 28, 1949. for construction permits. BP-5375; Westco Broadcasting Corpora­ At a session of the Federal Communi­ tion, White Plains, New York, Docket No. F ederal Communications cations Commission held at its offices in 8240, File No. BP-5899 ; Huntington- Co m m issio n, Washington, D. C., on the 25th day of Montauk Broadcasting Company, Inc., [seal] T. J. S low ie, November 1949; Huntington, New York, Docket No. .8846, Secretary. The Commission having under con­ File No. BP-6595; for construction per­ [F. R. Doc. 49-9713; Filed, Dec. 2, 1949; sideration the oral argument now sched­ mits. 8:51 a. m.] uled in the above proceeding for At a session of the Federal Communi­ December 9, 1949; and cations Commission held at its offices in It appearing, upon consideration of Washington, D. C., on the 25th day of the Commission’s schedule for Decem­ November 1949; [Docket Nos. 8043, 8843] ber 1949, that it would be in the public interest to continue said oral argument The Commission having under consid­ M id-S tate B roadcasting Co. (WMMJ) eration (1) the exceptions and request and Lincoln B roadcasting Co. to December 19, 1949; for oral argument, filed August 9, 1949, It is ordered, On the Commission’s ORDER CONTINUING ORAL ARGUMENT own motion, that oral argument in the by the Connecticut Electronics Corpora­ above-entitled proceeding now scheduled tion, (2) the exceptions and request for In re applications of Mid-State Broad­ for December 9, 1949, is continued until oral argument, filed August 9, 1949, by casting Company (WMMJ), Peoria, Monday, December 19, 1949, at 10:00 WESTCO Broadcasting Corporation, (3) Illinois, Docket No. 8043, File No. B4-P- a. m. a reply brief to the exceptions and notice 5551; Gordon Sherman, Alexander Bu­ of intention to participate in ora! argu­ chan, Melvin Feldman, Sol Binkin and Released: November 28, 1949. ment, filed August 19, 1949, by Hunting- Robert Weiner d/b as Lincoln Broad­ ton-Montauk Broadcasting Company, F ederal Communications Inc,, and (4) a petition to strike a por­ casting Company, Springfield, Illinois, Com mission, tion of the reply brief of Runtington- Docket No. 8843, File No. BP-6958; for [seal] T. J. S low ie, Montauk Broadcasting Company, Inc., construction permits. Secretary. filed August 23, 1949, by the Connecticut At a session of the Federal Communi­ [F. R. Doc. 49-9714; Filed, Dec. 2, 1949; Electronics Corporation; and cations Commission held at its offices in 8:51 a. m.] It appearing, that the issues raised in Washington, D. C., on the 25th day of the foregoing petition to strike can best November 1949; be disposed of after affording oral argu­ The Commission having under consid­ ment to the parties before the Commis­ eration the oral argument now scheduled S cripps-H oward R adio, I nc., et al. . sion en banc on said issues together with in the above proceeding for December NOTICE OF ORAL ARGUMENT oral argument on the exceptions filed 9, 1949; and Beginning at 10:00 o’clock a. m., on in this proceeding; It appearing, upon consideration of the Friday, December 9, 1949, the Commis­ Accordingly, it is ordered, That oral Commission’s schedule for December sion will hear oral argument, in Room argument in the above proceeding is 1949, that it would be in the public in­ 6121,.on the following matters in the scheduled for 10:00 a. m., on the 6th terest to continue said oral argument to order Indicated: day of January 1950, before the Com­ December 19, 1949; \ Saturdayf December 3, 1949 FEDERAL REGISTER 7279 It is ordered, On the Commission’s own It appearing, upon consideration of the It appearing, that the above-entitled motion, that oral argument in the above- Commission’s schedule for December hearing was originally scheduled to be entitled proceeding now scheduled for 1949, that it would be in the public in­ held on August 31, 1949, and has been December 9, 1949, is continued • until terest to continue said oral argument to successively continued to November 21, Monday, December 19, 1949, at 10:45 December 19, 1949; 1949 upon petitions of the applicants; a. m. It is ordered, On the Commission’s own and motion, that oral argument in the It further appearing, that the instant Released: November 28, 1949. above-entitled proceeding now scheduled petition for a continuance is predicated F ederal Communications for December 9, 1949, is continued until upon the need for additional time within Com m ission, Monday, December 19,1949, at 2:30 p. m. which to obtain a proper antenna site, [seal] T. J. S low ie, and thereafter, to obtain leave to amend Secretary. Released: November 28, 1949. the engineering portions of the applica­ [F. R. Doc. 49-9715; Filed, Dec. 2, 1949; F ederal Communications tion to show this site; and 8:51 a. m.] Com m ission, It further appearing, that counsel for [ seal] T. J. S low ie, Booth Radio Stations, Inc., has repre­ Secretary. sented that on or before January 20, 1950, this applicant will file either a peti­ [F. R. Doc. 49-9717; Filed, Dec. 2, 1949; [Docket No. 8004, 8884] tion to amend its application to desig­ 8:52 a. m.] nate a proper antenna site or a petition M anistee R adio Corp. and D oor County to dismiss the application, and that if B roadcasting Co., I nc. the hearing herein is continued until ORDER CONTINUING ORAL ARGUMENT [Docket No. 9362] January 30,1950, it would request no fur­ ther continuances for this reason; and In re applications Manistee Radio I nternational B ank for R econstruc­ It further appearing, that on the basis Corporation, Manistee, Michigan, tio n and D evelopment et al. Docket No. 8004, File No. B2-P-5433; of the representations of counsel for ORDER CONTINUING HEARING Booth Radio Stations, Inc., Commission Door County Broadcasting Company, counsel and counsel for the applicants Inc., Sturgeon Bay, Wisconsin, Docket In the matter of International Bank for have consented to a continuance of the No. 8884, File No. BP-6545; for construc­ Reconstruction and Development and hearing to January 30, 1950; tion permits. International Monetary Fund, complain­ It is ordered, This 18th day of Novem­ At a session of the Federal Communi­ ants v. All America Cables and Radio, ber 1949, that the hearing in the above- cations Commission held at its offices in Inc., the Commercial Cable Company, entitled proceeding, is continued, to Washington, D. C., on the 25th day of Mackay Radio and Telegraph Company, January 30,1950, at Washington, D. C. November 19491 Inc., RCA Communications, Inc., and The Commission having under consid­ the Western Union Telegraph Company; F ederal Communications eration the oral argument now sched­ Docket No. 9362. Commission, uled in the above proceeding for Decem­ The- parties having agreed to a con­ [ seal] T. J. S low ie, ber 9, 1949; and tinuance of the hearing on the above- Secretary. It appearing, upon consideration of entitled matter now scheduled for [F. R. Doc. 49-9719; Filed, Dec. 2, 1949; the Commission’s schedule for December December 13, 1949, in Washington, D. C., 8:52 a. m.] 1949, that it would be in the public in-v to January 10, 1950; terest to continue said oral argument to It is hereby ordered, This 18th day of December 19, 1949; November 1949, that this hearing be and It is ordered, On the Commission’s own it i^SSiereby continued to January 10, [Docket Nos. 7334, 7335, 9448] motion, that oral argument in the above- 1950, at 10:00 a. m„ in Washington, D. C. entitled proceeding now scheduled for Lubbock County B roadcasting Co. et al. F ederal Communications December 9, 1949, is continued until ORDER CONTINUING HEARING Monday, December 19, 1949, at 11:45 Co m m iss io n , a. m. [seal] T. J. S low ie, In re applications of Lubbock County Secretary Broadcasting Company, Lubbock, Texas, Released: November 28, 1949. [F. R. Doc. 49-9718; Filed, Dec. 2, 1949; Docket No. 7334, File No. BP-4062 ; Plains F ederal Communications 8:52 a. m.] Radio Broadcasting Company (KFYO), Commission, Lubbock, Texas, Docket No. 7335, File [seal] T. J. SLOWIE, No. BP-4391; for construction permits^ Secretary. Lubbock County Broadcasting Com­ [Docket Nos. 9360, 9361] pany (KVLU), Lubbock, Texas, for modi­ [F. R. Doc. 49-9716; Filed, Dec. 2, 1949; fication of construction permit; Docket 8:52 a. m.] Lake H uron B roadcasting Co. (W K N X ) No. 9448, File No. BMP-3124. and B ooth R adio S tations, I nc. The Commission having under con­ ORDER CONTINUING HEARING sideration a petition filed November 16, [Docket Nos. 8258, 8753] In the matter of Lake Huron Broad­ 1949, by Lubbock County Broadcasting casting Company, (WKNX), Saginaw, Company for postponement of 60 days T exas S tar B roadcasting Co. and KTRH of the hearing in the above-entitled pro­ B roadcasting Co. (KTRH) Michigan, Docket No. 9360, File No. BP- 6447; Booth Radio Stations, Inc., Grand ceeding now scheduled to be held on order continuing oral argument November 28, 1949; and Rapids, Michigan, Docket No. 9361, File It appearing, that one of the partners In re applications of Roy Hofheinz No. BP-7103; for construction permits. of Lubbock County Broadcasting Com­ and W. N. Hooper, d/b as Texas Star The Commission having under consid­ pany, a practicing attorney in Lubbock, Broadcasting Company, Dallas, Texas, eration a petition filed on November 10, Texas, will be required to be in court in Docket No. 8258, File No. BP-5820; KTRH 1949, by Booth Radio Stations, Inc., re­ Texas during the week of November 28th, Broadcasting Company (KTRH), Hous­ questing that the nearing in the above- and Plains Radio Broadcasting Company ton, Texas, Docket No. 8753, File No. entitled matter, now scheduled for (KFYO), and the General Counsel of BP-6525; for construction permits. November 21,1949, be continued until the this Commission having consented to the At a session of the Federal Communié second week in January 1950; and coun­ requested continuance and waived the cations Commission held at its offices in sel for all the parties to the proceeding requirements of § 1.745 of the Commis­ Washington, D. C., on the 25th day of having consented to a grant of said peti­ sion’s rules; November 1949; tion, but Commission counsel having ob­ It is ordered, This the 18th day of The Commission having under consid­ jected to the suggested continued date November 1949, that the petition filed by eration the oral argument now scheduled because of the conflict which would re­ Lubbock County Broadcasting Company in the above proceeding for December 9, sult with other hearings scheduled dur­ for postponement of the hearing date, 1949; and ing that week; and be and it is hereby granted, and the No. 233------3 7280 NOTICES hearing in the above-entitled proceeding a period of sixty days of the hearing now The Commission having under consid­ now scheduled to begin on November 28, scheduled to be held at Washington, eration a petition filed on November 17, 1949, is continued to February 6, 1950, D. C., on November 28, 1949; and good 1949, by Winston-Salem Broadcasting at 10:00 a. m., in the offices of the Com­ cause being shown in support thereof; Company, Inc., requesting a contiuance mission at Washington, D. C. and for a period of thirty days of the hear­ F ederal Communications It appearing, that public interest re­ ing presently scheduled for December 5, Com m ission, quires the consideration of such motion 1949, at Washington, D. C., in the con­ [ seal] T . J. S lo w ie, on this date; solidated proceeding upon the above- Secretary. It is ordered, This 23d day of Novem­ entitled applications for construction ber 1949, that such hearing be, and it is permits; and it appearing that good IF. R. Doc. 49-9720; Filed, Dec. 2, 1949; hereby, continued to February 3,1950, at cause has been shown in support thereof; 8:52 a. m.] 10:00 o’clock a. m. It is Ordered, This 23d day of Novem­ F ederal Communications ber 1949, that such hearing be, and it Co m m issio n , is hereby, continued to February 6, 1950 [Docket Nos. 9474-9477] [seal] T. J. S low ie, at Washington, D. C„ at 10 o’clock a. m. Secretary. K eystone B roadcasting Corp. (WKBO) F ederal Communications ET AL. [F. R. Doc. 49-9722; Filed, Dec. 2, 1949; Com m ission, 8:52 a. m.] [seal] t . J. S lowie, ORDER CONTINUING HEARING Secretary. In re applications of Keystone Broad­ [F. R. Doc. 49-T0724; Filed, Dec. 2, 1949; casting Corporation (WKBO), Harris­ 8:52 a. m.] burg, Pennsylvania, Docket No. 9474, [Docket No. 9364] File No. BP-4504; Capital Broadcasting F irst N ational B ank of M ontgomery Corporation, Harrisburg, Pennsylvania, and M argaret Covington M ilw ee Docket No. 9475; File No. BP-6683 ; Ross- [Docket Nos. 6737, 8454, 8850, 8851, 9110, moyne Corporation (WCMB), Lemoyne, ORDER CONTINUING HEARING 9309-9311, 9396-9401, 9447] Pennsylvania, Docket No. 9476, File No. In re application of The First National S outhern California B roadcasting Co. BP-7296; Herbert Kendrick and G. L. Bank of Montgomery and Margaret Cov­ (KWKW) ETAL. Hash d/b as Harrisburg Broadcasting ington Milwee, executors of the estate Company (WHGB), Harrisburg, Penn­ of G. W. Covington, Jr., deceased ORDER CONTINUING HEARING sylvania, Docket No. 9477, File No. BP- (WGWD), Gadsden, Alabama, for re­ In re applications of Marshall S. Neal, 7331; for construction permits. newal of license; Docket No. 9364, File Paul Buhlig, E. T. Foley and Edwin Earl, The Commission having under consid­ No. BR-2031. d/b as Southern California Broadcasting eration a petition filed on November 10, The Commission having under consid­ Company (KWKW), Pasadena, Califor­ 1949, by the Keystone Broadcasting eration a petition for indefinite con­ nia, Docket No. 6737, File No- BP-3710; Corporation (WKBO), Harrisburg, tinuance of the hearing in the George W. Berger, George A. Raymer, Pennsylvania, requesting that the hear­ above-entitled matter and a petition for Fred Forgy and John W. Swallow, d/b ing now scheduled for November 28, leave to amend the application, both filed as Orange County Broadcasting Com­ 1949, on the above-entitled applications, November 21, 1949, and the proposed, pany, Santa Ana, California, Docket No. be continued for a period of sixty days; amendment attached to the petition for 8454, File No. BP-5936; William Odessky and leave to amend; and and Lee A. Odessky, d/b as William and It appearing, that all of the parties to It appearing, that the amendment hiay Lee A. Odessky, Los Angeles, California, this proceeding have orally consented to possibly meet the issues upon which thé Docket No. 8850, File No. BP-6023; Le- a continuance of the said hearing until application was designated for hearing land Holzer, Long Beach, California, January 12, 1950; and therefore obviate the necessity of Docket No. 8851, File No. BP-6372; Leon It is ordered, This 18th day of Novem­ the hearing; E. Sidebottom, Don J. Jackson' Walter ber 1949, that the petition be, and it is It is therefore ordered, This 23d day of S. Murra, Paul E. Kain, Glenn E. Jack- hereby, granted in part; and that the November 1949, that the petition for leave son and Karl Jackson, d/b as Airtone hearing on the above-entitled applica­ to amend be, and it is hereby granted, Company, Santa Ana, California, Docket tions be, and it is hereby, continued to and the amendment to the application No. 9110, File No. BP-6021; H. M. Mc­ 10:00 a. m., Thursday, January 12, 1950, is accepted; Collum, tr/as South Bay Broadcasting at Washington, D. C. It is further ordered, That the petition Company, Hermosa Beach, California, F ederal Communications for indefinite continuance be, and it is Docket No. 9309, File No. BP-6305; Com mission, hereby granted, and the hearing pres­ Vernon D. Smith, tr/as Public Service [seal] T. J. S low ie, ently scheduled to commence in Gads­ Broadcasters, Riverside, California, Secretary. den, Alabama, on November 28, 1949, is Docket No. 9310, File No. BP-7046; Wil­ [F. R. Doc. 49-9721; Filed, Dec. 2, 1949; continued until further order. liam O. Egerer and Peter C. Verdell d/b 8:52 a. m.] F ederal Communications as South Bay Broadcasters, Hermosa Com m ission, Beach, California, Docket No. 9311, File [ seal] T . J. S low ie, No. BP-7133; Beverly Hills Broadcasting Secretary. Corporation, Beverly Hills, California, [Docket No. 9466] Docket No. 9396, File No. BP-5499; James [F. R. Doc. 49-9723; Filed, Dec. 2, 1949; J. Krouser and Lloyd F. Kreamer, d/b KVLH B roadcasting Co. 8:52 a. m.] as Krouser and Kreamer, Oxnard, Cali­ order co ntinuing hearing fornia, Docket No. 9397, File No. BP- 5765; Isador Gralla and Jay Gralla d/b In re application of James T. Jack- [Docket Nos. 9478, 9479] as Gralla and Gralla, Tujunga, Califor­ son, Galen O. Gilbert, Phil Crenshaw, nia, Docket No. 9398, File No. BP-6763; George A. Rountree, and Harley E. W insto n-S alem B roadcasting Co., I nc. John R. Martin and D. V. O’Brien, d/b Walker d/b as KVLH Broadcasting (WTOB) and R alph D. E pperson as Beverly Hills Broadcasters, Beverly Company, Pauls Valley, Oklahoma, for (WPAQ) a modification of license; Docket No. Hills, California, Docket No. 9399, File 9466, File No. BML-1311. ORDER CONTINUING HEARING No. BP-7047; J. Bruce Taylor, Sr., tr/as The Commission having under con­ In re applications of Winston-Salem Long Beach Broadcasters, Long Beach, sideration a petition filed on November Broadcasting Company, Inc. (WTOB), California, Docket No. 9400, File No. BP- 21, 1949, by James T. Jackson, Galen O. Winston-Salem, North Carolina, Docket 7048; Cannon System, Ltd. (KIEV), Gilbert, Phil Crenshaw, George A. Roun­ No. 9478, File No. BP-6449; Ralph D. Glendale, California, Docket No. 9401, tree and Harley E. Walker d/b as KVLH Epperson (WPAQ), Mount Airy, North File No. BP-7260; Walter Muller and Broadcasting Company, Pauls Valley, Carolina, Docket No. 9479, File No. Frank Muller, d/b as Muller Brothers, Oklahoma, requesting a continuance for BP-7153; for construction permits. Inglewood, California, Docket No. 9447, Saturday, December 3, 1949 FEDERAL REGISTER 7281 Pile No. BP-7325; for construction The Commission having under consid­ portation between the east and west permits. eration the above-entitled petition which coasts of the United States. The Commission having under consid­ is presently scheduled for hearing on Notice is hereby given that the hear­ eration the petition filed by the General November 28, 1949; ing in the above-entitled proceeding Counsel on November 17, 1949, request­ It is ordered, This 28th day of Novem­ heretofore assigned to be held on No­ ing a continuance to January 16, 1950, ber 1949, on the Commission’s own mo­ vember 28, 1949 is postponed and re­ of the hearing in the above-entitled pro­ tion, that the hearing is continued to assigned to be held on January 4, 1950, ceeding, commenced at Washington, 10:00 a. m., Tuesday, February 28, 1950, at 10 a. m., e. s. t., in Conference Room B, D. C., on September 19, 1949, and ad­ at Albuquerque, New Mexico. Departmental Auditorium, Constitution journed to December 1, 1949; and it Avenue between Thirteenth and Four­ appearing that good cause has been F ederal Communications teenth Streets NW., Washington, D. C., shown why such continuance should be Commission, before Examiner William J. Madden. [seal] T. J. S low ie, granted; Secretary. Dated at Washington, D. C., Novem­ It is ordered, This 23d day of Novem­ ber 29, 1949. ber 1949, that the hearing upon the [F. R. Doc. 49-9727; Piled, Dec. 2, 1949; above-entitled application, now sched­ 8:53 a. m.J By the Civil Aeronautics Board. uled for December 1, 1949, be, and it is [seal] . M. C. M ulligan, hereby, continued to January 16, 1950, , Secretary. at Washington, D. C., at 10:00 o’clock [P. R. Doc. 49-9695; Filed, Dec. 2, 1949; a. m. [Docket No. 9446] 8:48 a. m.] F ederal Communications R adio R eading Com mission, [seal] T. J. S lowie, ORDER CONTINUING HEARING SECURITIES AND EXCHANGE Secretary. In re application of John J. Keel tr/as COMMISSION [F. R. Doc. 49-9725; Piled, Dec. 2, 1949; Radio Reading, Reading, Pennsylvania, 8:52 a. m.] for construction permit; Docket No. 9446, [File No. 1-2387] File No. BP-7014. • City of P orto A legre The Commission having under consid­ eration a joint petition filed on November NOTICE OF APPLICATION TO STRIKE FROM [Docket No. 9426] IS, 1949, by WDAS Broadcasting Station, LISTING AND REGISTRATION, AND OF OP­ Inc., and Associated Broadcasters, Inc., PORTUNITY FOR HEARING T ri-C ity B roadcasting Co. (WTRF) parties respondent herein, requesting At a regular session of the Securities ORDER CONTINUING HEARING that the applicant be required to specify and Exchange Commission, held at its In the matter of Tri-City Broadcasting a definite transmitter site, and further, office in the city of Washington, D. C., Co. (WTRF), Bellaire, Ohio, for con­ that the hearing herein now scheduled on the 29th day of November A. D. 1949. struction permit; Docket No. 9426, File for December 5, 1949, be continued for The New York Stock Exchange, pur­ No. BP-6684. a period of 30 days; and no opposition suant to section 12 (d) of the Securities The Commission having under consid­ to said petition having been filed; and Exchange Act of 1934 and Rule X-12D2-1 eration a petition filed November 21, It appearing that so much of the peti­ (b) promulgated thereunder, has made 1949, by Tri-City Broadcasting Com­ tion as requests that the applicant be application to strike from registration pany (WTRF), Bellaire, Ohio, for a 60- required to specify a definite transmitter and listing the Forty-Year 8% Sinking day continuance of the hearing now site, is a matter to be considered by the Fund Gold Bonds External Loan of 1921 scheduled in Washington, D. C., on De­ Commission en banc rather than by the due December 1, 1961 “Unstamped”, of cember 15, 1949, in the above-entitled Hearing Examiner, and that the püblic City of Porto Alegre. matter; and interest would be served by granting so The application alleges that (1) hold­ It appearing, that all parties in this much of the petition as requests a con- ers of the above security have been proceeding and Commission Counsel tinuancè of the hearing herein; offered the option to elect to accept the have agreed to the continuance and to It is ordered, This 28th day of Novem­ provisions of either one or the other of a waiver of § 1.745 of the Commission’s ber 1949, that so much of the petition two plans, designated as “Plan A” and rules and regulations so as to permit of WDAS Broadcasting Station, Inc., and “Plan B”, respectively; (2) Plan A pro­ immediate consideration of this peti­ Associated Broadcasters, Inc., as requests vides for reduction in the interest rate to tion; that good and sufficient reasons a continuance of the hearing herein is 2.375% per annum, for a cumulative appear in the petition for the requested hereby granted and the hearing is here­ sinking fund and for extension of the continuance; and that no party to this by continued to January 9,1950, at Wash­ maturity of the original bonds to De­ proceeding or the Commission would be ington, D. C. cember 1, 2001; (3) Plan B provides that, adversely affected by a grant thereof; in exchange for each $1,000 principal F ederal Communications amount of original bonds, the bond­ It is ordered, This 25th day of Novem­ ommission C , holder would receive a cash payment of ber 1949, that the petition be, and it is [seal] T. J. S low ie, $145 and new 3%% External Dollar hereby, granted, and the hearing in the Secretary. Bonds of 1944 of the United States of above-entitled matter be, and it is [P. R. Doc. 49-9728; Piled, Dec. 2, 1949; Brazil in the principal amount of $500; hereby, continued to 10:00 a. m., Tues­ 8:58 a. m.] (4) the fiscal agent has reported to the day, February 14, 1950, in Washington, applicant Exchange that of the $2,509,- D. C. 500 principal amount of the above se­ F ederal Communications CIVIL AERONAUTICS BOARD curity of the City of Porto Alegre Com m ission, [Docket No. 3397 et al.] outstanding at the time of the offer, [seal] T. J. S low ie, $721,500 have been stamped in accep­ Secretary. Airlines T ransportation Carriers, I nc.; tance of-Plan A, $1,646,500 have been T ranscontinental Coach T ype S erv­ [P. R. Doc. 49-9726; Filed, Dec. 2, .1949; surrendered for exchange under Plan ice case 8:53 a. m.] B, and $5,000 have been retired by oper­ NOTICE OF POSTPONEMENT OF HEARING ation of the Plan A sinking fund, leaving outstanding $136,500 of the above issue In the matter of the applications of of bonds of the City of Porto Alegre; (5) Airline Transportation Carriers, Inc., the reason for the proposed striking of [Docket No. 8044] and other applicants for certificates of this security from registration and list­ J ohn J. D empsey public convenience arid necessity and/or ing on the applicant exchange is that in exemption orders under Title IV of the the opinion of the exchange the out­ ORDER CONTINUING HEARING Civil Aeronautics Act of 1938, as standing amount thereof has been so In re petition of John J. Dempsey; amended, authorizing the establishment reduced as to make further dealings Docket No. 8044. of additional transcontinental air trans- therein on the exchange inadvisable; and 7282 NOTICES

(6) the rules of the New York Stock-Ex­ and to consider and determine the rea­ In order to effect the proposed amend­ change with respect to striking a security sonableness of, the accounting fees and ments numbered (1) and (2) above, the from registration and listing have been expenses paid or to be paid to Haskins company must obtain the affirmative vote complied with. & Sells; and of at least two-thirds of the outstanding Upon receipt of a request, prior to The Commission having been advised stock and two-thirds of the Cumulative January 5,1950, from any interested per­ by Standard that Haskins & Sells have Preferred Stock presently outstanding, son for a hearing in regard to terms to submitted a revised bill of $7,000 for fees and in order to effect proposal numbered be imposed upon the delisting of this and expenses in connection with trans­ (3) above the affirmative vote of two- security, the Commission will determine actions involved in these proceedings, thirds of the outstanding stock of the whether to set the matter down for hear­ and the record as to such fees and ex­ company must be obtained.. In this con­ ing. Such request should state briefly penses having' been completed, and nection, American Gas has informed the the nature of the interest of the person Standard having requested the Commis­ company that it contemplates voting the requesting the hearing and the position sion to release the said jurisdiction company’s 5,000,000 shares of common he proposes to take at the hearing with heretofore reserved; and stock owned by it in favor of the pro­ respect to imposition of terms or condi­ It appearing to the Commission that posals. tions. In addition, any interested the aforesaid fees and expenses of Has­ Under the existing voting rights, the person may submit his views or any addi­ kins & Sells, amounting to $7,000, are common stock of Ohio has 71.18% of tional facts bearing on this application not unreasonable: the vote and the preferred stock has by means of a letter addressed to the It is ordered, That jurisdiction hereto­ 28.82%. As a result of the proposed Secretary of the Securities and Ex­ fore reserved to complete the record as amendments, the common stock will have change Commission, Washington, D. C. to, and to consider and determine the in excess of 95% of the vote. The stated If no one requests a hearing on this mat­ reasonableness of, the fees and expenses purpose of the proposed change in voting ter, this application will be determined paid or to be paid to Haskins & Sells in rights is to enable Ohio to join with by order of the Commission on the basis connection with transactions involved in American Gas and certain of that com­ of the facts stated in the application, these proceedings be, and hereby is, pany’s other subsidiaries in filing con­ and other information contained in the released. official file of the Commission pertaining solidated income tax returns under the By the Commission. Internal Revenue Code, as amended. to this matter. The application-declaration states that By the Commission. [seal] , O rval L. D u B ois, had such consolidated been permitted Secretary. for the entire fiscal year 1948, Ohio would [seal] Orval L. D uB ois, Secretary. [F. R. Doc. 49-9688; Filed, Dec. 2, 1r "9; have effected a saving of approximately 8:46 a. m.J $77,000 in Federal income taxes. The [F. R. Doc. 49-9687; Piled, Dec. 2, 1949; proposal lessening the number of quar­ 8:46 a. m.J terly defaults in dividend payments nec­ essary to allow the preferred stock to [File No. 70-2264] elect a majority of the board of directors is designed to strengthen the protection [Pile No. 70-2189] Ohio P ower Co. afforded to that class of stock. S tandard G as and E lectric Co. MEMORANDUM OPINION AND ORDER GRANTING The company does not expect to pay APPLICATION AND PERMITTING DECLARA­ any compensation for the solicitation of SUPPLEMENTAL ORDER RELEASING TION TO BECOME EFFECTIVE proxies except such nominal expenses, JURISDICTION At a regular session of the Securities estimated at not to exceed $200 to be At a regular session of the Securities and Exchange Commission held at its paid to fiduciaries or nominees for send­ and Exchange Commission held at its office in the city of Washington, D. C., ing proxy material to principals and office in the city of Washington, D. C., on the 28th day of November A. D. 1949. obtaining their proxies. on the 28th day of November 1949. The Ohio Power Company (“Ohio”), In considering the propriety of sub­ Standard Gas and Electric Company an electric utility subsidiary of American mitting the proposed amendments to the (“Standard”), a registered holding com­ Gas and Electric Company ("American stockholders of Ohio, we have considered pany and a subsidiary of Standard Gas”) , a registered holding company, has the relationship between the rights the Power and Light Corporation, also a reg­ filed an application-declaration and preferred stockholders of Ohio are being istered holding company, having filed amendments thereto pursuant to the asked to surrender and any benefits that an application-declaration and amend­ Public Utility Holding Company Act of may inure to them as a result of the ments thereto pursuant to the Public 1935, particularly sections 6 (a) and 7 adopted amendments. In reaching our Utility Holding Company Act of 1935, thereof and Rule U-62 of the rules and determination that the amendments may regarding the sale, pursuant to the com­ regulations promulgated thereunder, be submitted to the stockholders, we have petitive bidding requirements of Rule with respect to the following transac­ considered the fact that the common U-50 promulgated under said act, of tions: stock presently has in excess of two- either 250,000 shares of Common Stock, Ohio proposes to amend its charter to thirds of the vote and the possible con­ without par value, of its public utility provide that: (1) Each share of its com­ sequences that may arise from the subsidiary Louisville Gas and Electric mon stock shall have one vote (in lieu decrease in voting rights of the preferred Company or 200,000 shares of Common of l/10th of a vote presently provided stock. We have also considered the Stock, par value '$20 per share, of its for); (2) the rights of the holders of company’s contention that by reason of public utility subsidiary Oklahoma Gas shares of the Cumulative Preferred Stock the common stock having in excess of and Electric Company; and to elect the smallest number of directors 95% of the vote there will be savings The Commission, in its order dated necessary to constitute a majority of resulting from the filing of consolidated September 1, 1949, having granted and the full Board of Directors of the com­ tax returns which will inure to the bene­ permitted to become effective, subject to pany shall accrue if and when dividends fit of all of the stockholders of the com­ certain conditions, said application- payable on the cumulative preferred pany. We have also considered the fact declaration, as amended, and having stock shall be in default in an amount that under the proposed amendments the further ordered that jurisdiction be re­ equivalent to four full quarter-yearly preferred stock, voting as a class, may served with respect to all fees and ex­ dividends (in lieu of the six such dividend elect a majority of the board of directors penses in connection with the proposed defaults presently provided for); and (3) upon four defaults in the payment of transaction; and the maximum number of shares of stock dividends on that stock, thereby increas­ The Commission, in its supplemental authorized to be outstanding shall be ing the protection afforded the preferred order dated September 12, 1949, having, 10,700,000, divided into 10,000,000 (in lieu stock. Our conclusion that the proposed among other things, ordered that juris­ of 5,000,000 presently authorized) shares transactions do not require adverse find­ diction theretofore reserved with respect of common stock without par value and ings under the applicable standards of to such fees and expenses be released, 700,000 (in lieu of 300,000 presently au­ the act should not be construed as a rec­ with the exception that jurisdiction be thorized) shares of Cumulative Preferred ommendation to the stockholders that continued to complete the recor'd as to, Stock of the par value of $100 per share. they either approve or disapprove the Saturday, December 3, 1949 FEDERAL REGISTER 7283 proposed charter amendments. Each The declaration states that approxi­ tions as may then be deemed appro­ preferred stockholder must exercise his mately $4,100,000 of the proceeds from priate, jurisdiction being reserved for own independent judgment in voting for the sale of the debentures will be used such purpose; or against the proposed amendments. to retire $1,600,000 principal amount of It is further ordered, Pursuant to the The application-declaration having 2% notes due serially to 1952, and bank request of Power and Light, that the ten- been filed on November 1, 1949, amend­ notes due 1950 in the aggregate amount day period for inviting bids, as provided ments having been filed on November 8, of $2,500,000, and the balance thereof will by Rule U-50, be, and the same hereby 1949, and November 25, 1949, notice of be used to pay or reimburse the company is, shortened to a period of not less than said filing having been given in the form for the cost of Additions, extensions and six days. and manner prescribed by Rule U-23 improvements, to its electric and ice prop­ By the Commission. and the Commission not having received erties. Power and Light estimates that its construction program for the period [seal] O rval L. D u B o is, a request for hearing within the time Secretary. specified in said notice, or otherwise, and October 1, 1949-December 31, 1951 will not having ordered a hearing thereon; require expenditures of $21,900,000. [F. R. Doc. 49-9686; Filed, Dec. 2, 1949; and Funds for the balance of the construction 8:45 a. m.] The Commission finding that the pro­ requirements will be provided principally posed amendments meet the applicable from cash generated by operations, in­ standards of the act and the rules there­ cluding retained earnings, from proceeds DEPARTMENT OF JUSTICE under, the Commission observing no ba­ of the recent sale of $4,500,000 of com­ sis for adverse findings in connection mon stock to its parent and from the pro­ N otice of Change in O rganization and with the proposed transactions, and the posed issue and sale of $5,000,000 of bonds D elegation of Authority Commission deeming it appropriate that or debentures during 1951. Part 51, Organization and Functions, said applicatio n-declaration, as Power and Light estimates that its fees Chapter I, Title 28, Code of Federal amended, be granted and permitted to and expenses in connection with the pro­ Regulations, the codification of which become effective, and also deeming it posed transaction will aggregate $45,000, has been discontinued, is amended as appropriate to grant applicant-declar­ including fees of $1,700 payable to local follows: ant’s request that the order herein be­ counsel and $15,000 payable to Middle 1. Section 51.23, Claims Division, Is come effective upon issuance thereof: West Service Company, consisting of ap­ proximately $10,000 for services of a legal amended by adding thereto the following It is ordered, Pursuant to said Rule paragraph: U-23 and the applicable standards of character and approximately $5,000 for said act, and subject to the terms and other services. The fee of independent (c) The Claims Division handles conditions contained in Rule U-24, that counsel for the underwriters, to be paid matters arising under the act of July said a p p 1 i c a t i o n-declaration, as by the successful bidder or bidders, is 2.1948, entitled “An Act to authorize the amende^, be, and the same hereby is stated to be $5,000. Attorney General to adjudicate certain granted and permitted to become ef­ Said declaration having been filed on claims resulting from evacuation of cer­ fective forthwith. November 2, 1949, and the last'■amend­ tain persons of Japanese ancestry under ment thereto having been filed on No­ military orders” (62 Stat. 1231). By the Commission. vember 28, 1949, and notice of said filing 2. There is added to the said part a [SEAL] ORVAL L. DUBOIS, having been given in the form and man­ new section reading as follows: Secretary. ner prescribed by Rule U-23 promulgated pursuant to said act and thfe Commis­ Sec. 51.82 Delegation of authority to [F. R. Doc. 49-9685; Filed, Dec. 2, 1949; sion not having received a request for the Assistant Attorney General in charge 8:45 a. m.] hearing with respect to said declaration, of the Claims Division. All of the au­ as amended, within the period specified thority, duties, and functions vested in in said notice or otherwise, and not hav­ the Attorney General by the act of July ing ordered a hearing thereon; and 2.1948, entitled “An Act to authorize the [File No. 70-2265] The Commission finding with respect Attorney General to adjudicate certain Central P ower and Light Co. to said declaration, as amended, that th# claims resulting from evacuation of cer­ ORDER PERMITTING DECLARATION TO BECOME applicable requirements of the act and tain persons of Japanese ancestry under EFFECTIVE rules promulgated thereunder are satis­ military orders” (62 Stat. 1231), are dele­ fied, and that no adverse findings are gated to the Assistant Attorney General At a regular session of the Securities necessary, and deeming it appropriate in in charge of the Claims Division: Pro­ and Exchange Commission, held at its the public interest and in the interest of office in the city of Washington, D. C., on investors or consumers to permit said vided, That this delegation shall be sub­ the 29th day of November A. D. 1949. declaration, as amended, to become effec­ ject to regulations prescribed by the Central Power and Light Company tive, subject to the conditions specified Attorney General pursuant to the said (“Power and Light”) , a public utility below, and the Commission also deeming act of July 2, 1948. subsidiary of Central and South West it appropriate to grant declarant’s re­ (R. S. 161, 360; 5 U. S. C. 22, 311; sec. 6 Corporation, a registered holding com­ quest that the ten-day period for inviting (h), 62 Stat. 1231) pany, haying filed a declaration, and bids provided by Ride U-50 be shortened amendments thereto, pursuant to sec­ to a period of not less than six days, and J. H oward M cG rath, tions 6, 7 and 12 (c) of the Public Utility that the order herein be accelerated and Attorney General. Holding Company Act of 1935 and Rules become effective upon the issuance D ecember 1,1949. U-42 and U-50 promulgated thereunder thereof: with respect to the following proposed It is ordered, Pursuant to Rule U-23 [F. R. Doc. 49-9752; Filed, Dec. 2, 1949; transactions: and the applicable provisions of the act, 8:54 a. m.] Power and Light proposes to issue and that said declaration, as amended, of sell, pursuant to the competitive bidding Power and Light be, and the same hereby requirements of Rule U-50, $5,500,000 is, permitted to become effective forth­ principal amount of Sinking Fund De­ with, subject to the terms and conditions Office of Alien Property bentures due 1974. The debentures will prescribed in Rule U-24 and to the addi­ Au t h o r it y : 40 Stat. 411, 55 Stat. 839, Pub. be issued under an indenture to be dated tional condition that the proposed issu­ Laws. 322, 671, 79th Cong., 60 Stat. 50, 925; 50 as of December 1, 1949. The interest ance and sale of debentures by Power U. S. C. and Supp. App. 1, 616, E. O. 9193, rate on the debentures (which shall be a and Light shall not be consummated un­ July 6, 1942, 3 CFR] Cum. Supp., E. O. 9567, multiple of Ve of 1%) and the price to be til the results of competitive bidding, June 8, 1945, 3 CFR, 1945 Supp., E. O. 9788, received by Power and Light for the de­ pursuant to Rule U-50, have been made Oct. 14, 1946, 11 F. R. 11981. bentures (which price, exclusive of ac­ a matter of record in this proceeding and [Vesting Order 14042] crued interest, shall be not less than 99% a further order shall have been entered M agdalena G ut nor more than 102.75% of the principal by the Commission in the light of the amount of the debentures) are to be de­ record so completed, which order may In re: Estate of Magdalena Gut, de­ termined by competitive bidding. contain such further terms and condi- ceased. File No. D-28-1Q504-G-1*, 7284 NOTICES

Under the authority of the Trading ever of the persons named in subpara­ erable to, held on behalf of or on account With the Enemy Act, as amended, Execu­ graph 1 hereof and each of them in and of, or owing to, or which is evidence of tive Order 9193, as amended, and Execu­ to the estate of Julia Hoffman, deceased, ownership or control by, the aforesaid tive Order 9788, and pursuant to law, is property payable or deliverable to or national of a designated enemy country after investigation, it is hereby found: claimed by the aforesaid nationals of a (Germany) ; 1. That Josef Weiss, Wilhelm Weiss designated enemy country (Germany); and it is hereby determined: and Mrs. Edward Loeffler, whose last 3. That such property is in the process 3. That to the extent that the person known address is Germany, are residents of administration by John E. Roeser, as named in subparagraph 1 hereof is not of Germany and nationals of a desig­ Executor, acting under the judicial su­ within a designated enemy coimtry, the nated enemy country (Germany) ; pervision of the Surrogate’s Court, New national interest of , the United States 2. That all right, title, interest and York County, State of New York; requires that such person be treated as a claim of any kind or character whatso­ and it is hereby determined: national of a designated enemy country ever of the persons identified in subpara­ 4. That to the extent that the persons (Germany). graph 1 hereof, and each of them, in and named in subparagraph 1 hereof are not All determinations and all action re­ to the estate of Magdalena Gut, deceased, within a designated enemy country, the quired by law, including appropriate con­ is property payable or deliverable to, or national interest of the United States sultation and certification, having been claimed by, the aforesaid nationals of a requires that such persons be treated as made and taken, and,'it being deemed designated énemy country (Germany) ; nationals of a designated enemy country necessary in the national interest, 3. That such property is in the process (Germany). ' There is hereby vested in the Attorney of administration by William H. Sommer, All determinations and all action re­ General of the United States the prop­ as executor, acting under the judicial quired by law, including appropriate erty described above, to be held, used, supervision of the Surrogate’s Court of consultation and certification, having administered, liquidated, sold or other­ New York County, New York; been made and taken, and, it being wise dealt with in the interest of and and it is hereby* determined: deemed necessary in the national for the benefit of the United States. 4. That to the extent that thé persons interest, The terms “national” and “designated named in subparagraph 1 hereof are not There is hereby vested in the Attorney enemy country” as used herein shall have within a designated enemy country, the General of the United States the prop­ the meanings prescribed in section 10 national interest of the United States re­ erty described above, to be held, used, of Executive Order 9193, as amended. quires that such persons be treated as administered, liquidated, sold or other­ Executed at Washington,. D. C., on nationals of a designated enemy country wise dealt with in the interest of and November 11, 1949. (Germany). for the benefit of the United States. All determinations and all action re­ The terms “national” and “designated For the Attorney General. quired by law; including appropriate con­ enemy country” as used herein shall have [seal] H arold I. B aynton, sultation and certification, having been the meanings prescribed in section 10 Acting Director, made and taken, and, it being deemed of Executive Order 9193, as amended. Office of Alien Property. necessary in the national interest, Executed at Washington, D. C., on There is hereby vested in the Attorney November 17, 1949. [F. R. Doc. 49-9701; Filed, Dec. 2, 1949; General of the United States the property . 8:48 a. m.] described above, to be held, used, admin­ For the Attorney General. istered, liquidated, sold or otherwise dealt [ seal] r H arold I. B aynton, with in the interest of and for the benefit Acting Director, of the United States. Office of Alien Property. [Vesting Order 14055] The terms “national” and “designated [F. R. Doc. 49-9700; Filed, Dec. 2, 1949; T. S himo and K eiko S himo enemy country” as used herein shall have 8:48 a. m.] the meanings prescribed in section 10 of In re: Safe deposit lease and contents owned by T. Shimo and Keiko Shimo. Executive Order 9193, as amended. D-39-15373-F-4. Executed at Washington, D. C., on [Vesting Order 14052] Under the authority of the Trading November 17, 1949. With the Enemy Act, as amended, Exec­ J oseph ine K rafft-L eitz For the Attorney General. utive Order 9193, as amended, and Exec­ In *e: Bonds owned by Josephine utive Order 9788, and pursuant to law, [seal! H arold I. B aynton, Krafft-Leitz, also known as Josephine after investigation, it is hereby found: Acting Director, Krafft. F-28-23781-D-2. 1. That T. Shimo and Keiko Shimo, Office of Alien Property. Under the authority of the Trading whose last known addresses are Japan, [F. R. Doc. 49-9699; Piled, Dec. 2, 1949; With the Enemy Act, as amended, Exec­ are residents of Japan and nationals of a 8:48 a. m.] utive Order 9193, as amended, and Exec­ designated enemy country (Japan); utive Order 9788, and pursuant to law, 2. That the property described as after investigation, it is hereby found: follows: 1. That Josephine Krafft-Leitz, also a. All rights and interests created in [Vesting Order 14043] known as Josephine Krafft, whose last T. Shimo and Keiko Shimo,1 under and known address is.c/o Frau Therese Etten- by virtue of a safe deposit box lease J ulia H offman huber, 1 Im Waidach, Oberammergau, agreement by and between T. Shimo and In re: Estate of Julia Hoffman, de­ Oberbayern, Germany, is a resident of Keiko Shimo and The Upper Avenue ceased. File No. D-28-9513; E. T. sec. Germany and a national of a designated Safe Deposit Company, 919 North Michi­ 12907. enemy country (Germany); gan Avenue, Chicago 11, Illinois, relating Under the authority of the Trading 2. That the property described as fol­ to Safe Deposit Box number 535, located With the Enemy Act, as amended, Execu­ lows: Those certain debts or other obli­ in the vaults of said safe deposit com­ tive Order 9193, as amended, and Execu­ gations matured or unmatured, evidenced pany, including particularly but not tive Order 9788, and pursuant to law, by ten (10) Missouri, Kansas and Texas limited to the right of access to said safe after investigation, it is hereby found: Railway Company One Hundred Year deposit box, and 1. That “Susanna” Specht, widow of First Mortgage 4% Gold Bonds, due June b. All property of any nature whatso­ Heinrich Specht, first name being ficti­ 1,1990, of $1,000.00 face value each, bear­ ever owned by T. Shimo and Keiko tious, true name being unknown, Annie ing the numbers 3368/70, 6739, 11416, Shimo, located in the safe deposit box Specht, Ernst Specht, Kathi Specht and 11552, 12044, 18127, 18529 and 32657, to­ referred to in subparagraph 2 (a) hereof, Roschen Specht whose last known ad­ gether with any and all rights to demand, and all rights and interests of said per­ dress is Germany are residents of Ger­ enforce and collect the aforesaid debts sons, evidenced or represented thereby many and nationals of a designated or other obligations, and any and all is property within the United States enemy coufitry (Germany); rights in, to and under said bonds, owned or controlled by, payable or deliv­ 2. That all right, title, interest and is property within the United States erable to, held on behalf of, or on account claim of any kind or character whatso- owned or controlled by, payable or deliv­ of, or owing to, or which is evidence of Saturday» December 3». 1949 FEDERAL REGISTER 7285 ownership or control by, the aforesaid count of, or owing to, or which is evidence have the meanings prescribed in section nationals of a designated enemy country of ownership or control by, the aforesaid 10 of Executive Order 9193, as amended. (Japan); national of a designated enemy country Executed at Washington, D. C., on (Germany); and it is hereby determined: November 28, 1949. 3. That to the extent that the persons and it is hereby determined: For the Attorney General. named in subparagraph 1 hereof are 5. That to the extent that the person not within a designated enemy country, named in subparagraph 1 hereof is not [seal] H arold I. B aynton, the national interest of the United within a designated enemy country, the Acting Director, States -requires that sueh persons be national interest of the United States re­ Office of Alien Property. treated as nationals of a designated quires that such person be treated as a [F. R. Doc. 49-9703; Filed, Dec. 2, 1949; enemy country (Japan). national of a designated enemy country 8:49 a. m.] All determinations and all action re­ (Germany >. quired by law, including appropriate con­ All determinations and all action re­ sultation and certification, having been quired by law, including appropriate [Vesting Order 9449, Amdt.] made and taken, and, it being deemed consultation and certification, having necessary in the national interest, been made and taken, and, it being TAIJI OKADA There is hereby vested in the Attorney deemed necessary in the national In re: Bank account and stock owned General of the United States the prop­ interest, by Taiji Okada, also known as Taija erty described above, to be held, used, ad­ There is hereby vested in the Attorney Okada. ministered, liquidated, sold or otherwise General of the United States the prop­ Vesting Order 9449,'dated July 18, dealt with in the interest of and for the erty described above, to be held, used, 1947, as amended, is hereby further benefit of the United States. administered, liquidated, sold or other­ amended as follows and not otherwise: The terms “national” and “designated wise dealt with in the interest of and By adding to Exhibit A, attached to enemy country” as used herein shall for the benefit of the United States. the aforesaid Vesting Order 9449, and by have the meanings prescribed in section The terms “national” and “designated reference made a part thereof, the fol­ 10 of Executive Order 9193, as amended. enemy country” as used herein shall lowing: Executed at Washington, D. C., on November 17, 1949. State of incor­ Number of Certificate ' Name and address of issuer poration shares Type of stock Par value No. For the Attorney General. [seal] H arold I. B aynton, Warner Bros. Pictures, Inc., 321 West 44th Delaware_____ 10 $5.00 F032907 Acting Director, St., New York, N. Y. Office of tAlien Property. All other provisions of said Vesting by reference made a part hereof, regis­ [F. R. Doc. 49-9702; Filed, Dec. 2, 1949; Order 9449, as amended, and all actions tered in the names of the persons set 8:49 a. m.} taken by or on behalf of the Attorney forth in Exhibit A, presently in the cus­ General of the United States in reliance tody of H. Hentz & Co., 60 Beaver Street, thereon, pursuant thereto and under the New York, New York, together with all authority thereof are hereby ratified and declared and unpaid dividends thereon, [Vesting Order 14085] confirmed. b. That certain debt or other obligation A n n ie U hlich of H. Hentz & Co., 60 Beaver Street, New Executed at Washington, D. C., on York, New York, arising out of a credit In re: Estate of Annie Uhlich, de­ November 17, 1949. balance in an account Entitled Elise ceased. File No. D-28-12629; E. T. sec. For the Attorney General. Graziani, together with any and all ac­ No. 16809. cruals thereto, and any and all rights Under the authority of the Trading [seal] H arold I. B aynton, With the Enemy Act, as amended, Exec­ Acting Director, to demand, enforce and collect the same, Office of Alien Property. c. One (1) Scrip Certificate for U. S. of utive Order 9193, as amended, and Exec­ Brazil 5% bonds, said certificate of $20.00 utive Order 9788, and pursuant to law, [F. R. Doc. 49-9704; Filed, Dec. 2, 1949; face value, in bearer form, bearing the after investigation, it is hereby found: 8:49 a. m.] number BR 3271 and presently in the 1. That Juliane Sigrist, whose last custody of H. Hentz & Co., 60 Beaver known address is Germany, is a resident Street, New York, New York, together of Germany and a national of a desig­ with any and all rights thereunder and nated enemy country (Germany) ; [Vesting Order 13812, Amdt.] thereto, and 2. That all right, title, interest and E lise G raziani d. Two (2) Ward Baking Company claim of any kind or character whatso­ 5&% Bonds, of $100.00 face value each ever of the person named ih subpara­ In re: Stock owned by the personal registered in the name of H. Hentz & Co., graph 1 hereof in and to the estate of representatives, heirs, next of kin, lega­ 60 Beaver Street, New York, New York, Annie Uhlich, deceased, is property pay­ tees and distributees of Elise Graziani, bearing the numbers C2230 and C2231 able or deliverable to, or claimed by, the deceased, also known as Elise Eberlin. and presently in the custody of H. Hentz aforesaid national of a designated enemy F-28-18794-A-1; D-l. & Co., 60 Beaver Street, New York, New country (Germany) ; Vesting Order 13812 dated September York, together with any and all rights 3. That such property is in the process 12, 1949, is hereby amended to read as thereunder and thereto, of administration by Francis Kassel, as follows: executor, acting under the judicial su­ is property within the United States pervision of the Orphans’ Court of Phila­ Under the authority of the Trading owned or controlled by, payable or deliv­ delphia County, Pennsylvania; With the Enemy Act, as amended, Ex­ erable to, held on behalf of or on account 4. That the sum of $1,550.00, in the ecutive Order 9193, as amended, and Ex­ of, or owing to, or which is evidence of possession or custody.of, or under the ecutive Order 9788, and pursuant to law, ownership or control by, the personal control of, Maurice J. Rohrbach, 1421 after investigation, it is hereby found: representatives, heirs, next of kin, lega­ Chestnut Street, Philadelphia 2, Penn­ 1. That the personal representatives, tees and distributees of Elise Graziani, sylvania, being the total of the sums re­ heirs, next of kin, legatees and distrib­ deceased, also known as Elise Eberlin, the ceived by said Maurice J. Rohrbach from utees of Elise Graziani, deceased, also aforesaid nationals of a designated enemy said Francis Kassel, executor of the known as Elise Eberlin, who there is rea­ country (Germany) ^ estate of Annie Uhlich, deceased, on ac­ sonable cause to beiieve are residents of Germany are nationals of a designated and it is hereby determined: count of the distributive'share of Juliane 3. That to the extent that the per­ ^Sigrist in said estate, enemy country (Germany); 2. That the property described as fol­ sonal representatives, heirs, next of kin, is property within thé United States lows: legatees and distributees of Elise Grazi­ owned or controlled by, payable or de­ a. Those certain shares of stock de­ ani, deceased, also known as Elise Eberlin, liverable to, held on behalf of or on ac­ scribed in Exhibit A, attached hereto and are not within a designated enemy coun- 7286 NOTICES

try the national interest of the United with in the interest of and for the benefit on behalf of the Attorney General of States requires that such persons be of the United States. the United States in reliance thereon, treated as nationals of a designated The terms “national” and “designated pursuant thereto and under the author­ enemy country (Germany). enemy country” as used herein shall have ity thereof are hereby ratified and con­ All determinations and all action re­ the meanings prescribed in section 10 of firmed. quired by law, including appropriate con­ Executive Order 9193, as amended. sultation and certification, having been Executed at Washington, D. C., on made and taken, and, it being deemed Executed at Washington, D. C., on November 17, 1949. November 17, 1949. necessary in the national interest, For the Attorney General. There is hereby vested in the Attorney For the Attorney General. General of the United States the property [seal] H arold I. B aynton, [seal] H arold I. B aynton, Acting Director, described above, to be held, used, admin­ Acting Director, Office of Alien Property. istered, liquidated, sold or otherwise dealt Office of Alien Property. [P. R. Doc. 49-9707; Piled, Dec. 2, 1949; E xhibit A 8:49 a. m.]

Name and address of State of incorpora­ Certificate Num- issuing corporation tion Nos. ber of Type of stock Registered owner shares value [Vesting Order 12084, Amdt.] R udolf T heodore and E lse K essemeier American Business Delaware___ 69849 47 Shares, Inc., 63 Wall $1.00 Elise Graziani. St., New York 16, In re: Bank account and stock owned N. Y. by Rudolf Theodore Kessemeier, also General Motors Corp., ...... do...... F20738 10 3044 West Grand 10.00 H. Hentz & Co., 60 known as Rudolf T. Kessemeier and as Boulevard, Detroit Beaver St., New R. T. Kessemeier, and Else Kessemeier, Mich. ~ York, N. Y. also known as E. Kessemeier. North American Co., New Jersey____ M127663 10 ___ do______60 Broadway, New No Par Do. Vesting Order 12084, dated Septem­ York. ber 24, 1948, is hereby amended as fol­ Packard Motor Car Michigan______N0688987 26 Co., 1690 East Grand 10.00 Do. lows and not otherwise: Boulevard, Detroit a. By deleting from Exhibit A, at­ 32, Mich. tached thereto and by reference made National Biscuit Co., New Jersey_____ H491449 10 449 West 14th St., 10.00 Do. a part thereof, so much of the descrip­ New York, N. Y. tion of shares of stock of Shawnee Pot­ Ward Baking Co., 476 New York . P03137 BH% cumulative Fifth Ave., New 100.00 Do. tery Co., Zanesville, Ohio, as appears York 17, N. Y. C04358 26 Cômmon . 1.00 under the heading Type of Stock and Potomac Electric Pow­ District of Colum­ N C 021843 2 .....d o _____...... 10.00 Do. er Co., 929 E St. bia (US). substituting therefor the following: $1 NW., Washington par value capital. 4, D. C. b. By deleting from the aforesaid Ex­ W isconsin Electric Wisconsin_____ PY3170 1 10.00 Do. Power Co., Public hibit A the certificate number Cp39b*set Service Bldg., Mil­ forth with respect to shares of stock of waukee, Wis. Shawnee Pottery Co., Zanesville, Ohio, The Kansas Power A Kansas N050164 2 ...... do______8.75 Do. Light Co., 808 Kan- S28215 .2/4 ...... do_____ ...... 8.76 and substituting therefor the certificate sas Ave., Topeka, Kans. number CF 931. - % I ' - All other provisions of said Vesting Order 12084 and all actions taken by or [P. R. Doc. 49-9706; Filed, Dec. 2, 1949; 8:49 a. m.] on behalf of the Attorney General of the United States in reliance thereon, pursuant thereto and under the author­ ity, thereof are hereby ratified and [Vesting Order 13888, Amdt.] paragraph 2 of said Vesting Order 13888 confirmed. A gnes E ckhardt et al. the figure “B04558” as set forth with respect to ten fclO) shares of no par value Executed at Washington, D. C., on In re: Stock owned by Agnes Eckhardt, $6.00 cumulative preferred stock of The November 17, 1949. also known as Agnes Grube Eckhardt, North American Light and Power Com­ For the Attorney General. Fedor Martin Hiller, Heinz Steife and pany, registered in the names of Agnes [seal] H arold I. B aynton, Hanny Steife. Eckhardt, nee Grube, and substituting Acting Director, Vesting Order 13888, dated October 3, therefor the figures “045558” Office of Alien Property. 1949, is hereby amended as follows and All other provisions of said Vesting [F. R. Doc. 49-9705; Piled, Dec. 2, 1949; not otherwise: By deleting from sub­ Order 13888 and all actions taken by or 8:49 a. m.]