Washington, Friday, February 9, 1951

^ » « » t t t ò i T v O ¿S \f*

^ 1 9 3 4 VOLUME 16 NUMBER 28 ■ ^ a/i t e o Washington, Friday, February 9, 1951

TITLE 4— ACCOUNTS Withheld , CONTENTS State for Page Chapter I— General Accounting Office State Total agency private Agriculture Department schools P art 14—P rocedure for G overnment See Commodity Credit Corpora Advertising tion; Production and Marketing Minnesota____ $59,737 $51,465 $8,272 revocation Mississippi____ 104,132 104,132 Administration. Missouri______76,749 76,749 J anuary 31, 1951. Montana______8,905 8,116 789 Alien Property, Office of Nebraska_____ 23,857 21,440 2,417 Part 14, procedure for Government Nevada______2,254 2,222 32 Notices: Advertising, is hereby revoked. New Hampshire 10,825 10,825 Vesting orders, etc.: New Jersey...... 69,305 56,190 "Î3,’ÏÎ5 (Sec. 309, 311, 42 Stat. 25; 31 U. S. C. 49, 52) New Mexico___ 18,982 18,982 Garrett, Henrietta Ë______1261 New York...... 176,685 176,685 Gudert, Carl______1261 [seal] Lindsay C. W arren, North Carolina- 144,168 144,168 Japanese Association of Comptroller General North Dakota... 13,121 11,873 1,248 Ohio.-— ...... 132,102 - 114,125 17,977 America______1261 of the United States. Oklahoma_____ 70,140 70,140 Kuhnle, Barbara (Kuhule), Oregon...... 30,935 30,935 [F. R. Doc. 51-2027; Filed, Feb. 8, 1951; Pennsylvania. .. 33,981 33,981 et al______1262 8:49 a. m. Rhode Island__ 11,580 11,580 Lemaire, Maurice Henri____ 1262 South Carolina.. 86,564 85,496 ” Ï,’Ô68 South Dakota... 11,099 11,013 986 Matsuoka, Shunji______1262 TITLE 7— AGRICULTURE Tennessee_____ 109,117 106,476 2,641 Schering, A. G. et al______1258 Texas______188,564 188,564 Utah______18,445 18,190 *‘” 255 Straubel, Fritz______1262 Chapter II— Production and Market Vermont______8,688 8,688 Tatsuta, Saichi, et al______1260 ing Administration (School Lunch Virginia______81,165 78,665 "*2,500 Washington..... 43,254 40,765 2,489 Civil Aeronautics Administra Program), Department of Agricul West Virginia... 59,527 68,224 1,303 ture "Wisconsin__ .... 63,505 50,172 13,333 tion Wyoming_____ 5,518 5,518 Rules, and regulations: P art 210—R egulations and P rocedures Total____ 3, 000,000 2, 836,471 163,529 Air traffic rules; minimum en- A ppendix—Apportionment of route instrument altitudes__ 1232 A ssistance F unds (60 Stat. 230; 42 U. S. C. 1751-1760) Civil Aeronautics Board supplemental apportionment of $3,000,- Dated: February 6, 1951. 000 OF FOOD ASSISTANCE "FUNDS PURSUANT See also Civil Aeronautics Admin TO NATIONAL SCHOOL-LUNCH ACT 1 [seal] Charles F. B r annan, istration. Secretary of Agriculture Notices: Pursuant to section 4 of the National All American Airways, Inc.; School-Lunch Act (60 Stat. 230) supple [F. R. Doc. 51-2054; Filed, Feb. 8, 1951; hearing______1252 mental food assistance funds available 8:56 a. m.] for the fiscal year ending June 30, 1951, Commerce Department are apportioned among the States as See Civil Aeronautics Administra follows: tion. Chapter VII— Production and Mar Withheld keting Administration (Agricultural Commodity Credit Corporation State Total State for agency private Adjustment), Department of Agri Notices: schools culture Cotton, American-Egyptian; de [ACP—1950-5} termination of required level Alabam a...... __ ... $117,258 $114,489 $2,769 of price support for 1951-crop A rizon a...... I.IIIIII 19,556 18,498 1,058 P art N ational Agricultural Con Arkansas...,___ 79,247 77,834 1,413 701— Amsak and Pima 32______1250 California______148,666 148,666 servation P rogramhSubpart— 1950 Colorado______24,213 22,102 2,111 Economic Stabilization Agency Connecticut...... I..I 28,224 28,224 conservation practices and maximum Delaware______. . . 4,503 3,778 725 rates of assistance; materials and See Price Stabilization, Office of; District of Columbia... 10,311 10,311 Wage Stabilization Board. Florida______59,080 56,937 2,143 services Georgia______... 113,722 113,722 Idaho...... 3 ... 14,466 14,041 425 Pursuant to the authority vested in the Federal Communications Com Illinois...... 113,065 113,065 Indiana______I.II 76,201 76,201 Secretary of Agriculture under sections mission iowa_____ .minimi 45,778 41,109 4,669 7-17 of the Soil Conservation and Do Notices: Kansas.______IIIIIII 38,946 38,946 mestic Allotment Act, as amended, the Kentucky______I. 106,313 106,313 Changes in assignments of Louisiana______IIIIII 84,845 84,845 1950 National Agricultural Conservation broadcasting stations------1256 Maine______IH'1 21,621 17,839 3,782 Program, issued July 21, 1949 (14 F. R. Maryland...I.IIIIIIIII 36,193 29,770 6,423 Hearings, etc.: Massachusetts______75,953 58,299 17,654 4627), as amended September 2, 1949 Booth Radio & Television Michigan______...... I 118,035 100,084 17,951 (14 F. R. 5520), December 16, 1949 (14 Stations, Inc. et al------1253 F. R. 7609), February 8, 1950 (15 F. R. ‘ Additional sum of $3,000,000 transferred Epperson, Ralph D. (WPAQ), from original amount set aside for sec. 6 pur 791), and August 28,1950 (15 F. R. 5927), and News-Journal Corp. chases and made available for cash assistance is futher amended as follows: (WNDB) ...... 1255 to States. (Continued on p. 1225) Formby, Marshall______1256 1223 1224 RULES AND REGULATIONS CONTENTS— Continued CONTENTS— Continued Federal Communications Com- Page Post Office Department page FEDERAL^REGISTER mission— Continued Notices: 1934 Mail service restrictions, tempo ' ÜKIITtCl *> Notices—Continued rary______1250 Hearings, etc.—Continued Radiomarine Corp. of Amer Price Stabilization, Office of Published daily, except Sundays, Mondays, ica ______- 1252 Rules and regulations: and days following official Federal holidays, Station WTNJ------— — — 1255 Industry Advisory Committees by the Division of the Federal Register, Sudbury, Harold L. (KLCN)« 1255 appointed under Defense Pro National Archives and Records Service, Gen Tone, Albert------1252 duction Act of 1950 (PPR 2) _ 1234 eral Services Administration, pursuant to the Warner Brothers (KWBR) — 1253 Scrap, iron and steel; correc- authority contained in the Federal Register tion (CPR 5) —— ------1234 Act, approved July 26, 1935 (49 Stat. 500, as Motions Commissioner designa amended; 44 U. S. C., ch. 8B), under regula tion for February 1951------1256 Wool products, certain, supplied tions prescribed by the Administrative Com Rules and regulations: to Defense Agencies; general mittee of the Federal Register, approved by Radio service, amateur; miscel ceiling price regulation the President. Distribution is made only by laneous amendments------1237 (GCPR 1)_---- 1234 the Superintendent of Documents, Govern Production and Marketing Ad ment Printing Office, Washington 25, D. C. Federal Power Commission The regulatory material appearing herein^ Notices: ministration is keyed to the Code of Federal Regulations, Proposed rule making: which is published, under 50 titles, pursuant Hearings, etc.: Milk handling in Wichita, Kan to section 11 of the Federal Register Act, as Arkansas Louisiana Gas Co__ 1257 sas, marketing area------1242 amended June 19, 1937. Texas Gas Transmission Union Stock Yards Co. of The F ederal R egister will be furnished by Corp______1256 Omaha (Ltd.); petition for mail to Subscribers, free of postage, for $1.50 Thorne, Hans, et al------1256 per month or $15.00 per year, payable in modification of temporary advance. The charge for individual copies Federal Security Agency rates______- 1242 (minimum 15tf) varies in proportion to the See Public Health Service. Rules and regulations: size of the issue. Remit check or money Milk, handling in Springfield, order, made payable to the Superintendent General Accounting Office Mo., marketing area------1225 of Documents, directly to the Government Rules and regulations: National Agricultural Con Printing Office, Washington 25, D. C. There are no restrictions on the republica Government advertising pro servation program: tion of material appearing in the F ederal cedure, revocation------— - 1223 1950 ______1223 R egister. 1951 _ 1225 Housing Expediter, Office of National School Lunch Act, Sup Rules and regulations : plemental apportionment of Rent controlled; housing and food assistance; fiscal year Now Available rooms in rooming houses and 1951______1223 other establishments------1233 Public Health Service FEDERAL REGISTER Immigration and Naturaliza Rules and regulations: 1936-49 Officers, commissioned; foreign tion Service service allowance------1237 Rules and regulations: ON MICROFILM Certificates of citizenship------1231 Securities and Exchange Com Naturalization papers replaces : mission The National Archives has reproduced Notices: oil issues of the Federal Register for new certificate in changed 1936—49 on 35 mm. microfilm, positive name __— ------— 1231 Hecht, O. H.;hearing— ------1258 prints of which can be purchased for Permit to reenter the U. S------1231 Tax Court of the United States $350.00. The annual indexes and codi Preexamination of aliens within Rules and regulations: fication guides are included. the U. S______1231 Admission to practice; rules of Current and future volumes will be Registry of aliens under Na practice______r ------„1233 microfilmed after the publication of each tionality Act of 1940------1231 onnual index. Removal of distressed aliens Wage and Hour Division Positive prints of volumes 1—14 may be from the U. S------1231 Notices: purchased separately as follows: Vol. 1, Students ------1231 Learner employment certifi 1936 ($8); Vol. 2, 1937 ($12); Vol. 3, cates; issuance to various in 1938 ($8); Vol. 4, 1939 ($16); Vol. 5, Interstate Commerce Commis dustries______1250 1940 ($16); Vol. 6, 1941 ($20); Vol. 7, sion Wage Stabilization Board 1942 ($36); Vol. 8, 1943 ($52); Vol. 9, 1944 ($40); Vol. 10,1945 ($44); Vol. 11, Notices: Rules and regulations: 1946 ($44); Vol. 12, 1947 ($24); Vol. 13, Applications for relief: Adjustments for individual em 1948 ($28); and Vol. 14, 1949 ($24). Coke from Hopewell, Va., to ployees (GR 5) ------1236 Remit check or money order, payable to Wilson, N. C------1257 the Treasurer of the United States, to the Formaldehyde from Texas CODIFICATION GUIDE National Archives and Records Service, and Oklahoma to the General Services Administration, Wash South______1258 A numerical list of the parts of the Code ington 25, D. C. Molasses from Louisiana to of Federal Regulations affected by documents Oklahoma------1257 published in this issue. Proposed rules, as Rock, aplite, from Piney opposed to final actions, are identified as River, Va., to Indiana and such. CONTENTS— Continued Ohio______1257 Title 4 p^ e Sulphur, crude, from Texas Chapter I: Federal Communications Com- PaS® and Louisiana to Calvert, Part 14______- 1223 mission— Continued Ky______- 1257 Title 7 Notices—Continued Chapter H: Hearings, etc.—Continued Justice Department See Alien Property, Office of; Im Part 210______1223 Great Northern Radio, Inc. Chapter VII: (WWSC)______—— 1255 migration and Naturalization Part 701 (2 documents)___ 1223,1225 Hirsch Communications En Serviqe. Chapter IX: gineering Corp. and Haw Labor Department Part 921______1225 thorn Broadcasting Co— - 1254 Part 968 (proposed)------1242 Pratt Broadcasting Co__------1254 See Wage and Hour Division. F riday, February 9, 1951 FEDERAL REGISTER 1225

CODIFICATION GUIDE— Con. terioration of the materials, and (3) that fore there is a likelihood of deterioration it is impracticable to repossess the mate of the materials, and (3) that it is im Title 8 Page rials or transfer the materials to another practicable to repossess the materials or Chapter I: producer, title to the materials may be transfer the materials to another pro Part 125______1231 transferred to the producer upon pay ducer, title to the materials may be Part 142______1231 ment to the Treasurer of the United transferred to the producer upon pay Part 157______1231 States of an amount equal to the deduc ment to the Treasurer of the United Part 164...... 1231 tion determined under the provisions of States of an amount equal to the deduc Part 362______1231 this paragraph. tion determined under the provisions of Part 379______1231 (Sec. 4, 49 Stat. 164; 16 U. S. C. 590d. Inter paragraph (a) of this section. Part 382______1231 pret or apply secs. 7-17, 49 Stat. 1148, as (Sec. 4, 49 Stat. 164; 16 U. S. C. 590d. In Title 14 amended; 16 U. S. C. 590g-590q) , terpret or apply secs. 7-17, 49 Stat. 1148, as Chapter I: Done at Washington, D. C., this 6th amended; 16 U. S. C. 590g-590q) Part 60______J______1232 day of February 1951. [seal] Charles F. B rannan, Title 24 [seal] Charles F. B rannan, Secretary of Agriculture. Chapter VIII: Secretary of Agriculture. Part 825___ 1233 F ebruary 6, 1951. [P. R. Doc. 51-2017; Filed, Feb. 8, 1951; [F. R. Doc. 51-2019; Filed, Feb. 8, 1951; Title 26 8:47 a. m.] Chapter III: 8:47 a. m.J Part 701____ 1233 Title 32A [1061(51)-1, Supp. 3] Chapter HI (OPS): Chapter IX— Production and Mar CPR 5______1______1234 P art 701—N ational A gricultural Con keting Administration (Marketing GCPR, SR 1__ 1234 servation P rogram PPR 2______1234 Agreements and Orders), Depart Chapter IV (WSB): S ubpart—1951 ment of Agriculture GR 5____ i ______1236 CONSERVATION PRACTICES AND MAXIMUM P art 921—Milk in the S pringfield, M o., Title 42 RATES OP assistance; MATERIALS AND M arketing Area Chapter I: SERVICES Part 21______1237 ORDER REGULATING THE HANDLING OF MILK Pursuant to the authority vested in IN THE SPRINGFIELD, MISSOURI, MARKET Title 47 the Secretary of Agriculture under sec ING AREA Chapter I: tions 7-17 of the Soil Conservation and Part 12______1237 Sec. Domestic Allotment Act, as amended, 921.0 Findings and determinations. the 1951 National Agricultural Conser DEFINITIONS 1. Section 701.103 Is amended by in vation Program, issued September 6, serting the following immediately pre 1950 (15 F: R. 6109), as amended Octo 921.1 Act. ceding paragraph (a ): ber 6, 1950 (15 F. R. 6813), and October 921.2 Secretary. 24, 1950 (15 F. R. 7201), is further 921.3 Department. § 701.103 Conservation practices and amended as follows: 921.4 Person. maximum rates of assistance. * * * 921.5 Delivery period. Assistance for the practices contained 1. Section 701.210 is amended by add 921.6 Cooperative association. ing paragraph

Sec. tor for the maintenance and functioning shall be in conformity to and in com 921.62 Milk priced under other Federal of such agency will require the payment pliance with the following terms and orders. by each handler, as his pro rata share of conditions: DETERMINATION OP UNIFORM PRICE such expenses, 5 cents per hundredweight DEFINITIONS 921.70 Computation of value of milk. or such amount not exceeding 5 cents per 921.71 Computation of uniform price. hundredweight as the Secretary may § 921.1 Acf. “Act” means Public Act prescribe, with respect to all (i) producer No. 10, 73d Congress, as amended and as PAYMENTS milk (including such handler’s own pro reenacted and amended by the Agricul 921.80 Time and method of payment. duction) received during the month and tural Marketing Agreement Act of 1937, 921.81 Producer butterfat differential. (ii) other source milk required to be as amended (7 U. S. C. 601 et seq.). 921.82 Producer-settlement fund. reported during the month. § 921.2 Secretary. “Secretary” means 921.83 Payments to the producer-settle (b) Additional findings. It is nec2s- ment fund. the Secretary of Agriculture or other offi 921.84 Payments out of the producer- sary, in the public interest, to make the cer or employee of the United States settlement fund. several provisions of this order effective authorized to exercise the powers or to 921.85 Adjustment of accounts. as hereinafter set forth. Any further perform the duties, pursuant to the act 921.86 Marketing services. delay in the effective date of the order of the Secretary of Agriculture. . 921.87 Expense of administration. Will seriously threaten the orderly mar 921.88 Termination of obligations. keting and supply of milk in the Spring- § 921.3 Department. “Department” EFFECTIVE TIME, SUSPENSION, OR TERMINATION field, Missouri, marketing area. The means the United States Department of need for the order is also disclosed by the Agriculture or such other Federal agency 921.90 Effective time. 921.91 Suspension or termination. decision (16 P. R. 463) which was exe as is authorized to perform the price re 921.92 Continuing power and duty of the cuted on January 15, 1951. The provi porting functions specified herein. market administrator. sions of the order are well known to § 921.4 Person. “Person” means any 921.93 Liquidation after suspension or ter handlers—the public hearing having individual, partnership, corporation, as mination. been held on April 17-20, 1950, the rec sociation, or any other business unit. MISCELLANEOUS PROVISIONS ommended decision having been pub lished in the F ederal R egister (15 F. R. § 921.5 Delivery period. “Delivery 921.100 Agents. 7017) on October 20, 1950, and the final period” means a calendar month during 921.101 Separability of provisions. decision (16 F. R. 463) having been exe which this order or any amendment A u t h o r it y : §§921.0 to 921.101 issued'un- cuted by the Secretary on January 15, thereto is in effect. der sec. 5, 49 Stat. 753, as amended; 7 U. S. C. 1951. Reasonable time, under the cir and Sup. 608c. § 921.6 Cooperative association. “Co cumstances, has been afforded persons operative association” means any coop § 921.0 Findings and determina affected to prepare for its effective date. erative marketing association of produc tions—(a) Findings upon the basis of In view of the foregoing, it is hereby ers which the Secretary determines (a) the hearing record. Pursuant to the pro found and determined that good cause to be qualified under the provisions of visions of the Agricultural Marketing exists for making this order effective the act of Congress of February 18,1922, Agreement Act of 1937, as amended March 1, 1951, and that it would be im as amended, known as the “Capper-Vol- (7 U. S. C. 601 et seq.), and the applicable practicable, unnecessary, and contrary stead Act”, (b) to have full authority in rules of practice and procedure, as to the public interest to delay the effec the sale of milk of its members, and (c) amended, governing the formulation of tive date of this order 30 days after its to be engaged in making collective sales marketing agreements and marketing publication in the F ederal R egister (see or marketing milk or its products for its orders (7 CFR Part 900), a public hearing section 4 (c) Administrative Procedure members. %as held April 17-20,1950, at Springfield, Act, Public Law 404, 79th Congress, 60 Missouri, upon a proposed marketing Stat. 237; 5 U. S. C. 1001 et seq.). § 921.7 Springfield, Missouri, market agreement and a proposed order, regu (c) Determinations. It is hereby de ing area. “Springfield, Missouri, mar lating the handling of milk in the Spring- termined that handlers (excluding co keting area,” hereinafter called the field, Missouri, marketing area. Upon operative associations of producers who marketing area, means all of the terri the basis of the evidence introduced at are not engaged in processing, distrib tory within the limits of the city of such hearing and the record thereof, it is uting, or shipping milk covered by this Springfield, Missouri. found that; order which is marketed within the §921.8 Producer. “Producer” means (1) The said order, and all of the * Springfield, Missouri, marketing area) any person other than a producer-han terms and conditions thereof, will tend of more than 50 percent of the milk dler who produces milk under a dairy to effectuate the declared policy of the which is marketed within the said mar farm permit or rating issued by the ap act; keting area, refused or failed to sign the propriate health authority of the City of (2) The parity prices of milk as deter proposed marketing agreement regu Springfield, Missouri, for the production mined pursuant to section 2 of the act lating the handling of milk in the said of milk intended for consumption as are not reasonable in view of the price marketing area, and it is hereby fur Grade A milk in the marketing area; of feeds, available supplies of feeds and ther determined that; which milk is received at an approved other economic conditions which affect (1) The refusal or failure of such han plant directly from the farm at which market supply and demand for milk in dlers to sign said proposed marketing produced, or is caused to be diverted by a the said marketing area, and the mini agreement tends to prevent the effectua handler from an approved plant to an mum prices specified in the order are tion of the declared policy of the act; unapproved plant. Milk so diverted shall such prices as will reflect the aforesaid (2) The issuance of this order is the be deemed to have been received at an factors, insure a sufficient quantity of only practical means, pursuant to the approved plant by the handler who pure and wholesome milk and be in the declared policy of the act, of advancing caused it to be diverted. This definition public interest; the interests of producers of milk which shall not include a person defined as a (3) The said order regulates the han is produced for sale in the said market producer under another Federal milk dling of milk in the same manner as and ing area; and marketing order with respect to milk is applicable only to persons in the re (3) The issuance of this order is ap produced by him which is received at a spective classes of industrial and com proved or favored by at least two-thirds plant operated by a handler who is sub mercial activity specified in a marketing of the producers who participated in ject to regulation with respect to such agreement upon which a hearing has a referendum on the question of ap milk under such other order and who is been held. proval of its issuance, and who, during the determined representative period partially exempt from the provisions of (4) All milk and milk products, han this order pursuant to § 921.62. dled by handlers, as defined in this part, (October 1950), were engaged in the are in the current of interstate commerce production of milk for sale in the said §921.9 Handler. “Handler” means: or directly burden, obstruct, or affect in marketing area. (a) Any person in his capacity as the terstate commerce in milk or its prod Order relative to handling. It is there operator of an approved plant; or ucts; and fore ordered that on and after the effec (b) Any cooperative association with (5) It is hereby found that the neces tive date hereof the handling of milk in respect to the milk of any producer sary expenses of the market administra- the Springfield, Missouri, marketing area which is diverted from an approved Friday, F ebruary 9, 1951 FEDERAL REGISTER 1227 plant to,an unapproved plant by such cept those incurred under § 921.86) (e) Such other information with re cooperative association for its account. necessarily incurred by him in the per spect to receipts and utilization as the § 921.10 Approved plant. “Approved formance of his duties; market administrator may prescribe. plant” means any milk plant or portion (e) Keep such books and records as § 921.31 Reports of payments to pro thereof which is approved by the appro will clearly reflect the transactions pro ducers. On or before the 20th day after priate health authority of the City of vided for herein and upon request by the end of each delivery period, each Springfield, Missouri, for the handling the Secretary surrender the same to handler who purchased or received milk of milk in the marketing area, and from such other person as the Secretary may from producers shall submit to the mar which Class I milk is disposed of in the" designate; ket administrator his producer payroll marketing area on wholesale or retail (f) Submit his books and records to for such delivery period which shall show routes (including plant stores and routes examination by the Secretary and fur for each producer; operated by vendors.) nish such information and reports as the (a) The total pounds of milk received Secretary may request; and the average butterfat content § 921.11 Unapproved plant. “Unap (g) Audit all reports and payments of thereof, proved plant” means any milk process each handler by inspection t f such han (b) The amount of payment to each ing, distributing, or manufacturing plant dler’s records and the récords of Tiny producer or cooperative association, with which is not an approved plant. other handler or person upon whose the prices, deductions, and charges in § 921.12 Producer milk. "Producer utilization the classification of skim milk volved. milk” means all skim milk and butter- and butterfat for such handler depends; fat produced by a producer, which is re (h) Publicly disclose at his discretion § 921.32 Reports of producer-han ceived by a handler either directly from unless otherwise directed by the Secre dlers. Each producer-handler shall such producers or from other handlers. tary, the name of any person who, with make report to the market administrator in 15 days after the date upon which at such time and in such manner as the §921.13 Other source milk. “Other he is required to perform such acts, market administrator may prescribe. source milk” means all skim milk and has not made (1) reports pursuant to § 921.33 Records and facilities. Each butterfat other than that contained in §§ 921.30 through 921.32, or (2) payments producer milk. - handler shall maintain and make availa pursuant to §§ 921.80 through 921.87. ble to the market administrator or to his §921.14 Producer-handler. “Pro (i) ^Publicly announce by posting in a representative during the usual hours of ducer-handler” means any person who conspicuous place in his office and by business, such accounts and records of produces milk and operates an approved such other means as he.deems appropri his operations, and such facilities, as are plant, but who receives no milk from ate the prices and butterfat differentials necessary for the market administrator producers. determined for each delivery period as to verify or establish the correct data follows: MARKET ADMINISTRATOR with respect to: (1) On or before the 6th day after (a) The receipts and utilization of all § 921.20 Designation. The agency the end of each delivery period, the prices receipts of producer milk and other for the administration hereof shall be a and butterfat differentials for each class source milk; market administrator, selected by the of milk computed pursuant to §§ 921.51 (b) The weights and tests for butter Secretary who shall be entitled to such and 921.52; and fat and other content of all milk, skim compensation as may be determined by, (2) On or before the 12th day after milk, cream and milk products handled; and shall be subject to removal at the the. end of such delivery period, the uni (c) Payments to producers and co discretion of, the Secretary. form price computed pursuant to § 921.71 operative associations; and and the butterfat differential computed (d) The pounds' of skim milk and § 921.21 Powers. The market admin pursuant to § 921.82; and istrator shall have the following powers butterfat contained in or represented with respect to this part: (j) Prepare and disseminate publicly by all milk, skim milk, cream, and each (a) To administer its terms and pro such statistics and information as he milk product on hand at the beginning deems advisable and as do not reveal con and end of each delivery period. visions; fidential information. (b) To receive, investigate, and report § 921.34 Retention of records. All to the Secretary complaints of violation; REFORÏS, RECORDS AND FACILITIES books and records required under this (c) To make rules and regulations to § 921.30 Reports of receipts and utili part to be made available to the market effectuate its terms and provisions; and zation. On or before the 7th day after administrator shall be retained by the (d) To recommend amendments to the end of each delivery period, each handler for a period of three years to the Secretary. handler, except a producer-handler, shall begin at the end of the calendar month § 921.22 Duties. The market ad report to the market administrator in to which such books and records pertain: ministrator shall perform all duties nec the detail and on forms prescribed by Provided, That if within such three year essary to administer the terms and the market administrator: period, the market administrator notifies provisions of this part, includiiig but not (a) The quantities of skim milk and the handler in writing that the retention limited to the following: butterfat contained in all receipts at of such books and records or of specified (a) Within 45 days following the date each of his approved plants within such books and records is necessary in con upon which he enters upon his duties, or delivery period. nection with a proceeding under section such lesser period as may be prescribed (1) Of milk from producers (including 8c (15) (A) of the act or a court action by the Secretary, execute and deliver to his own farm production), specified in such notice, the handler the Secretary a bond, effective as of .the (2) Prom other handlers, and shall retain such books and records or date on which he enters upon such duties (3) Of other source milk (except non specified books and records until further and conditioned upon the faithful per fluid Class n products disposed of in the Written notification from the market formance of such duties, in an amount form in which received without further administrator. In either case, the mar and with surety thereon satisfactory to processing or packaging by the handler). ket administrator shall give further the Secretary; (b) The utilization of all skim milk written notification to the handler (b) Employ and.fix the compensation and butterfat required to be reported promptly upon the termination of the of such persons as may be necessary to pursuant to paragraph (a) of this sec litigation or when the books and records enable him to administer its terms and tion, including a separate statement of are no longer necessary in connection provisions; the disposition of Class I milk on routes therewith. (c) Obtain a bond in a reasonable wholly outside of the marketing area; CLASSIFICATION amount and with reasonable surety (c) Ih e name and address of each § 921.40 Basis of classification. All thereon covering each employee who producer from whom milk was received skim milk and butterfat received within handles funds entrusted to the market for the first time, and the date on which the delivery period by a handler at his administrator; such milk was first received; approved plant (s) which is required to (d) Cause to be paid out of the funds (d) The name and address of each pro be reported pursuant to § 921.30 shall be provided by § 921.87 the cost of his bond ducer who discontinued deliveries of classified by the market administrator and those of his employees, his own com milk, and the date on which delivery pursuant to the provisions of §§ 921.41 pensation, and all other expenses (ex ceased; and to 921.46. 1228 RULES AND REGULATIONS § 921.41 Classes of utilization. Sub (b) As Class I milk if transferred to received from producers in the same ject to the conditions set forth in a producer-handler in the form of milk, manner prescribed for skim milk in para §§ 921.43 and 921.44, the classes of utili skim milk, or cream; graph (a) of this section. zation shall be as follows: (c) As Class I milk if transferred or (c) Add the pounds of skim milk and (a) Class I milk shall be all skim diverted in the form of milk, skim milk, the pounds of butterfat allocated to milk milk and butter fat disposed of in fluid or cream to an uftapproved plant lo received from producers in each class, re form as milk, skim milk, buttermilk, milk cated 125 miles or more by shortest spectively, as computed pursuant to drinks (plain or flavored), cream (fresh highway distance, as determined by the paragraphs (a) and (b) of this section or sour) and products required by the market administrator, from the City and determine the weighted average but health authority of the City of Spring- Hall in Springfield, Missouri; terfat content of the milk in each class. field, Missouri, to be made from approved (d) As Class I milk if transferred or butterfat and skim milk; and all skim diverted in the form of milk, skim milk MINIMUM PRICES milk and butterfat not specifically ac or cream to an unapproved plant located § 921.50 Basic formula price. The counted for under paragraph (b) of this less than 125 miles from the City Hall in basic formula price per hundredweight section. Springfield, Missouri, unless: to be used in determining the prices set (b) Class II milk shall be all skim (1) The handler claims Class n on the forth in § 921.51 shall be the higher of milk and butterfat, (1) used to produce basis of utilization mutually indicated in the prices per hundredweight for milk any product other than those specified writing to the market administrator by of 3.5 percent butterfat content com in paragraph (a) of this section, (2) in both buyer and seller on or before the puted pursuant to paragraphs (a) and inventory variation of milk, skim milk, seventh day after the end of the de (b) of this section. cream, or any Class I product, (3) in livery period within which such transac (a) Determine the arithmetical aver shrinkage allocated to receipts of milk tion occurred; age of the* basic or field prices to be paid from producers, but not in excess of 2 (2) The buyer maintains books and per hundredweight for milk of 3.5 per percent of such receipts of skim milk records showing the utilization of all cent butterfat content received from and butterfat, respectively, and (4) in skim milk and butterfat at his plant farmers during the delivery period at the shrinkage allocated to receipts of other which are made available if requested following plants or places for which source milk. by the market administrator for the prices have been reported to the market § 921.42 Shrinkage. The market ad purpose of verification; and administrator or to the Department of ministrator shall allocate shrinkage over (3) Not less than an equivalent Agriculture: amount of skim milk and butterfat was Present Operator and Location a handler’s receipts as follows: actually used as Class II milk in such (a) Compute the total shrinkage of Carnation Co., Ava, Mo. skim milk and butterfat respectively for buyer’s plant. Carnation Co.,'Seymour, Mo. each handler; and § 921.45 Computation of skim milk Pet Milk Co., Greenville, 111. (b) Prorate the resulting amounts be and butterfat in each class. For each Litchfield Creamery Co., Litchfield, 111. tween the receipts of skim milk and delivery period the market administrator Indiana Condensed Milk Co., Bunker Hill, 111. . butterfat in producer milk and in other shall correct mathematical and other Borden Co., Mount Pleasant, Mich. source milk. obvious errors in the report of receipts Carnation Co., Sparta, Mich. § 921.43 Responsibility of handlers and utilization submitted by each han Pet Milk Co., Hudson, Mich. dler, and shall compute the total pounds Pet Milk Co., Wayland, Mich. and reclassification of milk, (a) All of skim milk and butterfat, respectively, Pet Milk Co., Coopersville, Mich. skim milk and butterfat shall be Class I in Class I milk and Class II milk, for Borden Co., Greenville, Wis. milk unless the handler who first re such handler. Borden Co., Black Creek, Wis. ceives such skim milk or butterfat can Borden Co., Orfordville, Wis. prove to the market administrator that § 921.46 Allocation of skim milk and Carnation Co., Chilton, Wis. such skim milk or butterfat should be butterfat classified. After computing Carnation Co., Berlin, Wis. classified otherwise. the classification of all skim milk and Carnation Co., Richland Center, Wis. Carnation Co., Oconomowoc, Wis. (b) Any skim milk or butterfat shall butterfat received by a handler pursuant Carnation Co., Jefferson, Wis. be reclassified if verification by the mar to § 921.45, the market administrator Pet Milk Co., New Glarus, Wis. ket administrator discloses that the orig shall determine the classification of milk Pet Milk Co., Belleville, Wis.'" inal classification was incorrect. received from producers as follows: Borden Co., New London, Wis. , § 921.44 Transfers. Skim milk or (a) Skim milk shall be allocated in White House Milk Co., Manitowoc, Wis. butterfat disposed of by a handler either the following manner: White House Milk Co., West Bend, Wis. (1) Subtract from the total pounds of (b) The price per hundredweight by transfer or diversion shall be clas skim milk in Class II the pounds of skim sified : milk determined pursuant to § 921.41 computed as follows: Multiply by 3.5 the (a) As Class I milk if transferred or (b) (3); simple average as computed by the mar diverted in the form of milk, skim milk, (2) Subtract from the remaining ket administrator of the daily whole or cream to the approved plant of an pounds of'skim milk in each class, in sale selling prices (using the midpoint other handler (except a producer-han series beginning with Class II milk, the of any price range as one price) of dler) unless utilization in Class II is pounds of skim milk contained in other Grade A (92-score) bulk creamery but mutually indicated in writing to the mar source milk; ter per pound at Chicago, as reported ket administrator by both handlers on (3) Subtract from the pounds of skim by the Department during the delivery or before the seventh day after the end milk remaining in each class the skim period, add 20 percent thereof, and add of the delivery period within which such milk received from other handlers ac or subtract, as the case may be, to such transaction occurred: Provided, That the cording to its classification pursuant to sum' 3% cents for each full V2 cent that skim milk or butterfat so assigned to § 921.44 (a); the weighted average of carlot prices Class II milk shall be limited to the (4) Add to the pounds of skim milk per pound for nonfat dry milk solids, amount thereof remaining in Class II remaining in Class n milk the pounds spray and roller process, respectively, in the plant of the transferee handler of skim milk subtracted pursuant to sub- for human consumption f. o. b. manu after the subtraction of other source paragraph (1) of this paragraph; facturing plants in the Chicago area, as milk pursuant to § 921.46 and any addi (5) If the pounds of skim milk re published for the period from the 26th tional amounts of such skim milk or maining in both classes exceed the day of the immediately preceding deliv butterfat shall be assigned to Class I pounds of skim milk received in milk ery period through the 25th day of the milk: And provided furthet, That if from producers, subtract such excess current delivery period by the Depart either or both handlers have received from the remaining pounds of skim milk ment, is above 5 V2 cents. other source milk, the skim milk or but in series beginning with Class II milk. § 921.51 Class prices. Subject to the terfat so transferred or diverted shall Any amount so subtracted shall, be differentials set forth in § 921.52, the be classified at both plants so as to allo known as “overage." minimum prices per hundredweight to cate the greatest possible Class I utiliza (b) Determine the pounds of butter bo paid by each handler for milk re tion to producer milk; fat in each class to be allocated to milk ceived at his plant from producers dur- F riday, F ebruary 9, 1951 FEDERAL REGISTER 1229 ing the delivery period shall be as 921.71, 921.80 through 921.88, shall not (b) Add the unobligated balance in follows : apply to a producer-handler. the producer-settlement fund; (a) Class I milk. The price for Class § 921.61 Interhandler transfers. Milk (c) Subtract, if the weighted average I milk shall be the basic formula price which is caused to be diverted by a han butterfat content of the milk included plus the following amounts: $1.08 for dler directly from producers’ farms to in these computations is greater than the delivery periods of July through De an approved plant of another handler 3.5 percent, or add, if such average but cember; 83 cents for the delivery periods for not more than 15 days during any terfat content is less than 3.5 percent, of January through March; and 63 cents delivery period shall be considered as an amount computed by multiplying the for the delivery periods of April through having been received by the handler who amount by which the butterfat content June: Provided, That if, after this order caused the milk to be diverted; milk re of such milk varies from 3.5 percent by shall have been effective for 12 months, ceived at an approved plant for more the butterfat differential computed during the 12 months prior to the month than 15 days during any delivery pe pursuant to § 921.81, and multiplying immediately preceding each of the fol riod shall be considered to have been the resulting figure by the total hun lowing delivery period groups, the total received by the handler who operates dredweight of such milk; volume of milk received from producers such approved plant. (d) Divide the resulting amount by the by all handlers was more or less than total hundredweight of milk included in 115 percent of the total Class I milk dis § 921.62 Milk priced under other Fed these computations; and posed of by all handlers (other than pro eral orders. In case skim milk or but (e) Subtract not less than 4 cents nor ducer-handlers, and those partially terfat which is priced under, another more than 5 cents from the amount com exempt from this part pursuant to Federal milk marketing agreement or puted pursuant to paragraph (d) of this § 921.62) during such 12 months period order issued pursuant to the act is dis section. The resulting figure shall be the the following, adjustments shall be made posed of as Class I milk in the market uniform price for milk of 3.5 percent but to the price for Class I milk for the re ing area on a route operated by or for terfat content received from producers. spective groups of delivery periods: a handler who is subject to regulation as a handler as defined in such other PAYMENTS For each percentage agreement or order, the provisions of this § 921.80 Time and method of pay point that receipts part shall not apply except as follows: ment. Each handler shall make pay from producers as a percent of class I milk (a) The handler shall, with respect ments as follows : Delivery period group is to his total receipts and utilization of (a) On or before the 15th day after the milk, make reports to the market ad end of each delivery period, to each pro Below 115 Above 115 ministrator at such time and in such ducer for whom payment is not received percent percent manner as the market administrator from the handler by a cooperative as (add) (subtract) may require and allow verification of sociation pursuant to paragraph (c) of such reports by the market adminis this section, at not less than the uniform Cents Cents January through March...... 1 2 trator. price computed pursuant to § 921.71 ad April through June______0 2 (b) If the price which such handler justed by the butterfat differential com July through December...... 2 2 is required to pay under the other Fed puted pursuant to § 921.81 and less the eral order to which he is subject for amount of (1) the payment made pur And provided further, That for all de milk which would be classified as Class I suant to paragraph (b) of this section, livery periods other than April, May and milk under this part, is less than the (2) marketing service deductions pur June from the effective date of this part price provided by this part, such han suant to § 921.88 and (3) deductions au until the date at which any adjustment, dler shall pay to the market administra thorized by the producer: Provided, That if required, could be effective under the tor for deposit into the producer-set if by such date such handler has not re proviso immediately preceding, the Class tlement fund (with respect to all milk ceived full payment for such delivery pe I price shall be increased, 15 cents per disposed of as Class I milk within the riod pursuant to § 921.84, he may reduce hundredweight. marketing area) an amount equal to his total payments to all producers uni (b) Class II milk. The price for Class the difference between the value of such formly by not more than the amount of II milk shall be the basic formula price, milk as computed pursuant to this or the reduction in payments from the mar except that for the delivery periods of der and its value as determined pur ket administrator ; and the handler shall, April, May, June and July 1951 the price suant to the other order to which he is however, complete such payments not for Class n milk shall be such basic subject. later than the date for making payments formula price less 15 cents. pursuant to this paragraph next follow DETERMINATION OF UNIFORM PRICE ing after receipt of the balance from the § 921.52 Butter fat differentials to § 921.70 Computation of value of handlers. If the weighted average but- market administrator. milk. The value of milk received dur (b) On or before the 28th day of each terfat content of the milk received from ing each delivery period by each han producers classified respectively, in Class dler from producers shall be the sum delivery period, to each producer for I milk or Class n milk for a handler is of money computed by the market ad whom payment is not received from the more or less than 3.5 percent, there shall ministrator by multiplying the pounds handler by a cooperative association pur be added to, or subtracted from, the re of such milk in each class by the ap suant to paragraph (c) of this section, spective class price computed pursuant plicable class prices, and adding to for milk received from him during the to § 921.51 for each one-tenth of one first 15 days of the delivery period at not percent that such weighted average but- gether the resulting amounts: Provided, terfat content is above on below 3.5 per That if the handler had overage of less than the Class II price for the pre cent, a butterfat differential computed either skim milk or butterfat, there shall ceding delivery period. by multiplying the simple average, as be added an amount computed by mul (c) On or before the 13th day after computed by the market administrator, tiplying the pounds of overage deducted the end of each delivery period, and on of the daily wholesale selling prices from each class pursuant to § 921.46 by or before the 26th day of the delivery (using the midpoint of any price range the applicable class prices. period, in lieu of payments pursuant to as one price) of Grade A (92-score) 3 921.71 Computation of uniform paragraphs (a) and (b), respectively, of bulk creamery butter per pound at Chi price. For each delivery period the this section, to a cooperative association cago, as reported by the Department market administrator shall compute the Which so requests, with respect to pro during the delivery period by the appli uniform price per hundredweight for ducers for whose milk such cooperative cable factor listed below and dividing the milk of 3.5 percent butterfat content association is authorized to collect pay result by 10: received from producers as follows: (a) Class I milk. Multiply by 1.25; (a) Combine into one total the values ment, an amount equal to the sum of the (b) Class II milk. Multiply by 1.20. computed pursuant to § 921.70 of all individual payments otherwise payable handlers who made the reports pre to such producers. APPLICATION OF PROVISIONS scribed in § 921.30 and who made (d) In making payments to producers § 921.60 Producer-handlers. The pro the payments prescribed in §§921.80 pursuant to paragraph (a) of this sec visions of §§ 921.40 through 921.46, through 921.83 for the previous delivery tion each handler shall furnish each pro 821.50 through 921.52, 921.61, 921.70 and period; . ducer with a supporting stateihent in 1230 RULES AND REGULATIONS such form that it may be retained by the the uniform price adjusted by the pro dredweight, or such lesser amount as the producer which shall show:- ducer butterfat differential, Secretary may prescribe, with respect to (1) The delivery period and the iden § 921.84 Payments out of the pro all receipts within the delivery period of tity of the handler and of the producer; ducer-settlement fund. On or before producer milk (including such han (2) The total pounds of milk delivered the 14th day after the end of each deliv dler’s own production) and other source by the producer, and the average butter- ery period, the market administrator milk required to be reported. fat test thereof, and the pounds per shall pay to each handler the amount, § 921.88 Termination of obligations. shipment, if such information is not fur if any, by which the value of the milk The provisions of this section shall ap nished to the producer each day; received by such handler from producers, ply to any obligation under this part (3) The minimum rate or rates at as determined pursuant to §921.70 is less for the payment of money irrespective which payment to the producer is re than an amount computed by multiply of when such obligation arose. ' quired under the provisions of this sec ing the hundredweight of such milk by (a) The obligation of any handler to tion; - » the uniform price adjusted by the pro pay money required to be paid under the (4) The rate which is used in making ducer butterfat differential: Provided, terms of this part shall, except as pro the payment if such rate is other than That if at such time the balance in vided in paragraphs (b) and (c) of this the applicable minimum rate; the producer-settlement fund is insuf section, terminate two years after the (5) The amount or the rate per hun ficient to make payment pursuant to last day of the calendar month during dredweight qf each deduction claimed this section, the market administrator which the market administrator re by the handler, including any deduction shall reduce uniformly such payments ceives the handler’s utilization report on claimed under paragraph (b) of this and shall complete such payments as the milk involved in such obligation, un section and § 921.86 together with a de soon as the necessary funds are avail less within such two year period the scription of the respective deductions; able. market administrator notifies the han and § 921.85 Adjustment of accounts. dler in writing that such money is due (6) The net amount of payment to and payable. Service of such notice the producer. Whenever audit by the market admin In making payment to a cooperative istrator of any handler’s reports, books, shall be complete upon mailing to the association pursuant to paragraph (c), records, or accounts discloses errors re handler’s last known address, and it of this section, each handler shall fur sulting in moneys due (a) the market shall contain, but need not be limited to, nish the above information to the co administrator from such handler, (b) the following information: operative association with respect to such handler from the market adminis (1) The amount of the obligation; each producer for whom such payment trator, or (c) any producer or coopera (2) The delivery period during which is made. tive association from such handler, the the milk, with respect to which the ob (e) Nothing in this section shall abromarket administrator shall promptly ligation exists, was received or han gate the right of a cooperative associa notify such handler of any amount so dled; and tion to make payment to its member pro due and payment thereof shall be made (3) If the obligation is payable to ducers in accordance with the payment on or before the next date for making one or more producers or to a coopera plan of such cooperative association. payments set forth in the provisions un tive association, the name of such pro der which such error occurred. ducer or cooperative association, or if § 921.81 Producer butterfat different the obligation is payable to the market tial. In making payments pursuant to § 921.86 Marketing services—(a) administrator, the account for which § 921.80 (a) each handler shall add to Deductions. Except as set forth in par it is to be paid. or subtract from the uniform price for agraph (b) of this section, each han (b) If a handler fails or refuses, with each one-tenth of 1 percent that the dler in making payments to producers respect to any obligation under this part average butterfat content of the milk (other than himself) pursuant to to make available to the market received from the producer is above or § 921.80 shall deduct 5 cents per hun administrator all books and records re below 3.5 percent an amount computed dredweight, or such lesser amount as the quired by this order to be made available, by multiplying by 1.2 the simple average Secretary may prescribe, with respect to the market administrator may, within as computed by the market adminis all milk received by such handler from the two-year period provided for in par trator of the daily wholesale prices producers during the delivery period and agraph (a) of this section notify the (using the midpoint of any price range shall pay such deductions to the mar handler in writing of such failure or as one price) of Grade A (92-score) ket administrator on or before the 15th refusal. If the market administrator bulk creamery butter per pound at Chi day after the end of such delivery pe so notified a handler, the said two-year cago, as reported by the Department riod. Such moneys shall be used by period with respect to such obligation during the delivery period, dividing the the market administrator to verify shall not begin to run until the first day resulting sum by 10, and rounding to the weights, samples and tests of milk re of the calendar month following the de nearest one-tenth of a cent. ceived from, and to provide market in livery period during which all such formation to such producers. books and records pertaining to such ob § 921.82 Producer-settlement fund. (b) Deductions with respect to mem The market administrator shall estab ligation are made available to the mar lish and maintain a separate fund known bers of a producers’ cooperative associa ket administrator. tion. In the case of producers for (c) Notwithstanding the provisions of as the “producer-settlement fund” into whom a cooperative association is ac which he shall deposit all payments tually performing, as determined by the paragraphs (a) and (b) of this section, made by handlers pursuant to §§ 921.83 Secretary, the services set forth in a handler’s obligation under this part to and 921.62 (b), and all appropriate pay pay money shall not be terminated with paragraph (a) of this section, each han respect to any transaction involving ments pursuant to § 921.85 and out of dler shall make, in lieu of the deduc which he shall make all payments to fraud or willful concealment of a fact, tions specified in paragraph (a) of this material to the obligation, on the part handlers pursuant .to § 921.84 and ap section, such deductions from the pay of the handler against whom the obliga propriate payments pursuant to § 921.85: ments to be made directly to producers tion is sought to be imposed. Provided, That payment due to any han pursuant to § 921.80 (a) as are author (d) Any obligation on the part of the dler shall be offset by payments due from ized by the membership agreement or market administrator to pay a handler such handler. marketing contract between such co operative association and such pro any money which such handler claims to § 921.83 Payments to the producer- ducers, and on or before the 15th day be due him under the terms of this part settlement fund. On or before the 13th shall terminate two years after the end after the end of such delivery period, of the calendar month during which the day after the end of each delivery pe pay over such deductions to the coopera milk involved in the claim was received riod, each handler shall pay to the mar tive association rendering such services. if an 'underpayment is claimed, or two ket administrator the amount, if any, by § 921.87 Expense of administration. years after the end of the calendar month which the value of the milk received by As his pro rata share of the expense of during which the payment (including such handler from producers, as deter administration hereof each handler deduction or. set-off by the market ad mined pursuant to § 921.70, is greater shall pay to the market administrator, ministrator) was made by the handler if than an amount computed by multiply on or before the 15th day after the end a refund on such payment is claimed, ing the hundredweight of such milk by of the delivery period, 5 cents per hun unless such handler, within the applica- F riday, February 9, 1951 FEDERAL REGISTER 1231 ble period of time, files, pursuant to sec TITLE 8— ALIENS AND notice of such action on Form G-81 shall tion 8c (15) (A) of the act, a petition be sent to the Central Office.” claiming such money. NATIONALITY b. The first sentence of paragraph (c) EFFECTIVE TIME, SUSPENSION OR Chapter I— Immigration and Natural* of § 164.4 is amended to read as follows: TERMINATION “Whenever an application for a permit ization Service, Department of Jus to reenter the United States is denied § 921.90 Effective time. The provi- tice and no appeal is taken, the fee shall be visons of this part or any amendment to returned to the applicant.” this part shall become effective at such M iscellaneous Amendments D eleting c. Paragraph (b) of § 164.6, Exten time as the Secretary may declare and R eferences to F orm G -81 sions, is amended by deleting the last shall continue in force until suspended J anuary 26, 1951. sentence thereof, which read% as follows: or terminated pursuant to § 921.91. “If the extension is granted by a district The following amendments to Chap § 921.91 Suspension or termination. director, the Central Office shall be ter I, Title 8 of the Code of Federal Reg notified on Form G-81 of such action.” The Secretary may suspend or terminate ulations, are hereby prescribed; any or all of the provisions of this part, (Sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 166, sec. whenever he finds that they obstruct Subchapter B— Immigration Regulations 37, 54 Stat. 675; 8 U. S. C. 102, 222, 458. In or do not tend to effectuate the declared terpret or apply sec. 10, 43 Stat. 158; 8 U. S. C. policy of the act. This part shall termi P art 125— S tudents 210) nate, in any event, whenever the pro The last sentence of paragraph (e) of visions of the act authorizing it cease § 125.12, Records of admission, readmis Subchapter D— Nationality Regulations to be in effect. sion, and departure, is amended to read P art 362— R egistry of Aliens U nder § 921.92 Continuing power and duty as follows: “If it is found that the stu N ationality A ct of 1940 of the market administrator. If, upon dent has been readmitted to the United States under another status, the file re a. Paragraph (b) of § 362.10, Record, the suspension or termination of any or recommendation, review, and disposi all provisions hereof there are any obli lating to the alien shall be transferred, where necessary, to the district acquir tion, is amended by deleting the last sen gations arising under this part the final tence thereof, which reads as follows: accrual or ascertainment of which re ing jurisdiction over the alien following his readmission.” “The Central Office shall be notified on quire further acts by any person (includ Form C-81 of the action taken.” ing the market administrator) such b. The last sentence of § 125.14, Trans fers from one school to another, is b. Paragraph (e) of § 362.10 is further acts shall be performed notwith amended by deleting the last sentence standing such suspension or termination. amended to read as follows: “When a student is permitted to transfer from thereof, which reads as follows: “If no § 921.93 Liquidation after suspension one approved institution to another and appeal is taken, the Central Office shall or termination. Upon the suspension or the institution to which he transfers is be notified on Form 0 8 1 of the action termination of any or all provisions of located in another immigration district, taken by the district director.” this part, except this section, the market the district director of the first district (Sec. 37, §27, 54 Stat. 675, 1150; 8 IT. S. C. administrator, or such, liquidating agent shall forward the file (including any 458, 727. Interprets or applies secs. 328, 342, as the Secretary may designate, shall, duplicate copy of Form 1-94) pertaining 54 Stat. 1152, 1161; 8 U. S. C. 72o', 742) if so directed by the Secretary, liquidate to the student to the director of the dis the business of the market administra trict to which the student transfers.” P art 379—Certificates of Citizenship tor’s office, dispose of all property in his (Sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 166, U nder S ection 339 of the N ationality possession or control, including accounts sec. 37, 54 Stat. 675; 8 U. S. C. 102, 222, 458. A ct of 1940, as'Amended receivable, and execute and deliver all Interpret or apply secs. 4, 13, 15, as amended; assignments or other instruments neces 43 Stat. 155, 161, 162, 47 Stat. 524, 50 Stat. Paragraph (d) of § 379.7, Record; sary or appropriate to effiectuate such 165, 54 Stat. 711, 59 Stat. 672; 8 U. S. C. 204, recommendation; review; issuance of disposition. If a liquidating agent is 213, 215) certificate, is amended by deleting the so designated, all assets, books and rec last sentence thereof, which reads as ords of the market administrator shall P art 142—P reexamination of Aliens follows: “If no appeal is taken, the Cen be transferred promptly to such liqui W it h in the U nited S tates tral Office shall be notified on Form C-81 dating agent. If, upon such liquidation, of the action taken by the district direc the funds on hand exceed the amounts The last sentence of paragraph (b) of tor.” § 142.7, Notification of authorization, is required to pay outstanding obligations (Sec. 37, 327, 54 Stat. 67<, 1150; 8 U. S. C. 458, of the office of the market administrator amended to read as follows: “If no ap 727. Interprets or applies sec. 339, 54 Stat. and to pay necessary expen&es of liquida peal is taken, the district director shall 1160, 58 Stat. 4, 61 Stat. 414; 8 U. S. C. 601 tion and distribution, such excess shall direct such further action as may be note, 739) be distributed to contributing handlers deemed appropriate for the disposition of the case.” and producers in an equitable manner. P art 382— N aturalization P apers R e (Sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 166, sec. MISCELLANEOUS PROVISIONS placed ; N ew Certificate in Changed 37, 54 Stat. 675; 8 U. S. C. 102, 222, 458) N ame § 921.100 Agents. The Secretary may, by designation in writing, name any offi Paragraph (d) of § 382.5, New papers; cer or employee of the United States to P art 157—R emoval of D istressed A liens "by whom issued; forms; numbering, is act as his agent or representative in con F rom the U nited S tates amended by deleting the last sentence nection with any of the provisions of The last sentence of paragraph (a) of thereof, which reads as follows: “If no this part. § 157.5, Final disposition, is amended to appeal is taken, the Central Office shall read as follows: “If the district director be notified on FOrm C-81 of the action § 921.101 Separability of provisions. by the district director.” If any provision of this part, or its appli finds that the alien is not entitled to be cation to any person or circumstances, is removed, he shall deny the application.” (Secs. 37, 327, 54 Stat.. 675, 1150; 8 U. S. C. 458, 727. Interprets or applies secs. 341, 342, held invalid, the application of such pro (Sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 166, sec. 54 Stat. 1161, 58 Stat. 755; 8 U. S. C. 741, 742) vision and of the remaining provisions 37, 54 Stat. 675; 8 U. S. C. 102, 222, 458. In of this part to other persons or circum terprets or applies sec. 23, 39 Stat. 892, 50 This order shall become effective on Stat. 164; 8 U. S. C. 102) stances shall not be affected thereby. the date of its publication in the F ederal R egister. The requirements of section Issued at Washington, D. C., this 6th. P art 164—P ermit T o R eenter the day of February 1951, to be effective on 4 of the Administrative Procedure Act and after the 1st day of March 1951. U nited S tates (60 Stat. 238; 5 U. S. C. 1003) as to notice a. Paragraph (a) of § 164.4, Issuance; of proposed rule making and delayed [seal] Charles F . B rannan, effect; delivery in the United States, is effective date are inapplicable for the Secretary of Agriculture. amended by deleting the last sentence, reason that the amendments which are IP. R. Doc. 51-2055; Filed, Feb. 8, 1951J which reads as follows: “Whenever the prescribed in this order pertain solely to 8:56 a. m.] district director issues a reentry permit. agency procedure. Ko. 28-----2 1232 RULES AND REGULATIONS

(Sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 166, 5. Section 60.17-208 Red Civil Airway 12. Section 60.17-229 Red Civil Airway secs. 37, 327, 54 Stat. 675, 1150; 8 U. S. C. 102, No. 8 is amended to eliminate: No. 29 is amended to read in part : 222, 458, 727) Mini- [seal] A. R. M ackey, Mini mum Acting Commissioner of mum From— To— From— T o - alti tude Immigration and Naturalization. tude Approved: February 5, 1951. West Henrietta (INT), Mt. Morris (INT), 2,700 Kingston (INT), Pa__ 3,600 ' N. Y. N. Y.i P eyton F ord, Acting Attorney General. 13,600 feet—Minimum crossing altitude at Mt. Morris [F. R. Doc. 51-2028; Filed, Feb. 8, 1951; 6. Section 60.17-210 Red Civil Airway (INT), south-bound. * 8:49 a. m.] No. 10 is amended to read in part: 13. Section 60.17-259 Red Civil Airway Mini No. 59 is amended to read in part: TITLE 14— CIVIL AVIATION mum From— T o - alti Mini tude mum Chapter I— Civil Aeronautics Board From— T o - alti tude Subchapter A— Civil Air Regulations Atlanta, Ga. (LFR)--- Augusta, Ga. (LFR).. 2,300 [Supp. 2, Amdt. 10] Garden City, Kans. Int. S. ers. Garden 4,300 (LFR). City, Kans. (LFR) P art 60— Air T raffic R ules 7. Section 60.17-210 Red Civil Airway and NW. ers. Gage, No. 10 is amended to eliminate: Okla. (LFR). MINIMUM ENROUTE INSTRUMENT ALTITUDES Int. S. ers. Garden Gage, Okla. (LFR )... 4,000 City, Kans. (LFR) The minimum enroute instrument al Mini and NW. ers. Gage, titude alterations appearing hereinafter mum Okla. (LFR). From— To— alti are adopted when indicated in order to tude promote safety of the flying public. 14. Section 60.17-268 Red Civil Airway Compliance with the notice, procedures, Bold Spring (INT), Ga. Augusta, Ga. (LFR)_ 2,800 No. 68 is amended to read in part: and effective date provisions of section 4 of the Administrative Procedure Act Mini 8. Section 60.17-211 Red Civil Airway mum would be impracticable and contrary to From— T o - alti the public interest, and therefore is not No. 11 is amended to read in part: tude required. Part 60 is amended as follows: Mini San Angelo, Tex. - Paint Rock (INT), 3,500 1. Section 60.17-14 Green Civil Airway From— T o - mum (LFR). Tex. No. 4 is amended to read in part: alti Tyler, Tex. (LFR)___ Gregg County, Tex. 1,900 tude (Rbn). Gregg County, Tex. Shreveport, La. 1,700 Mini- (Rbn). (LFR). mum Capron (INT), Okla__ Enid, Okla. (Vance 2,600 From— To— alti- LFR). tude Enid, Okla. (Vance Mulhall (INT), Okla- 2,600 LFR). 15. Section 60.17-268 Red Civil Airway No. 68 is amended by adding: Int. S. ers. St. Joseph, Kansas City, Mo. 2,200 Mo. (LFR) and Kan (VOR), via radial 9. Section 60.17-221 Red Civil Airway Mini- sas City,Mo. (VOR), 224. No. 21 is amended to eliminate: mum radial 224. From— T o - tude Mini 2. Section 60.17-102 Amber Civil Air mum From— To— alti HobbS, N. Mex. (LFR). Int. E. ers. Hobbs, N. 5,000 way No. 2 is amended to read in part: tude Mex. (LFR) and S. ers. Lubbock, Tex. Mini- (LFR). mum Int. S. ers. Wilkes- Belfast (INT), Pa___ 3,000 From— To— alti- Barre, Pa. (LFR) tude and W. ers. Newark, 16. Section 60.17-613 Blue Civil Airway N. J. (LFR). No. 13,is amended to read in part: Belfast. fTNT), Pa. Newark, N. J. (LFR). Cut Bank, Mont. Lethbridge, .Alberta, 6,000 Cap. (LFR). Mini (LFR). mum 10. Section 60.17^-221 Red Civil Airway From— To— alti 3. Section 60.17-104 Amber Civil Air No. 21 is amended to read in part: tude way No. 4 is amended to read in part: Mini BAltnn (TNT), Mo ___ Kansas City, Mo. 2,700 mum (LFR). Mini From— T o - alti mum tude From— T o - alti 17. Section 60.17-632 Blue Civil Airway tude No. 32 is amended to read in part: Williamsport, Pa. Int. SE. ers. Williams 3,500 (LFR). port, Pa. (LFR) Fort Worth, Tex. Abeam Ardmore, ' 2,000 and SW. ers. Wilkes- Mini (LFR). Okla (Rbn). mum Barre, Pa. (LFR). From— T o - Abeam Ardmore, Okla. Oklahoma City, Okla. 2,500 Int. SE. ers. Williams Int. NE. ers. Allen 4,000 alti (Rbn). (LFR). port, Pa. (LFR) and town, Pa. (LFR) tude Glenwood (INT), Omaha, Nebr. (LFR). 2,500 SW. ers. Wilkes- and NW. ers. New Nebr. Barre, Pa. (LFR). ark, N. J. (LFR). Int. NE. ers. Allen Newark, N. J. (LFR). 2,700 Dungeness (INT), Patricia Bay, British 2,500 town, Pa. (LFR) Wash. Columbia, Canada 4. Section 60.17-107 Amber Civil Air and NW. ers. New (LFR). way No; 7 is amended to read in part: ark, N. J. (LFR). 18. Section 60.17-670 Blue Civil Airway Mini No. 70 is amended to read: mum 11. Section 60.17-226 Red Civil Airway From— To— alti No. 26 is amended to read in part: tude Mini mum From— To— Mini* alti Melbourne, Fla. (LFR). Daytona Beach, Fla. 1,400 mum tude (LFR). From— To— Daytona Beach, Fla.Jacksonville, Fla. 1,400 tude (LFR)., (LFR). Ardmore, Okla. (Rbn). Abeam Oklahoma 2,700 Jacksonville, Fla. Savannah, Ga. (LFR). 1,300 City, Okla. (LFR). (LFR). Wilkes-Barre* Pa. Slatington (INT), Pa. 4,000 Abeam Oklahoma Tulsa, Okla. (LFR).. 2, aw Bedford (ENT), Mass__ Boston, Mass. (LFR). A, 700 (LFR). City, Okla, (LFR). F riday, F ebruary 9, 1951 FEDERAL REGISTER 1233 19. Section 60.17-672 Blue Civil Airway faction of the Court that he or she is a proper professional conduct. No person No. 72 is amended to read: citizen of the United States, of good shall be suspended for more than 60 days moral character and repute, and pos or disbarred until he has been afforded Mini- sessed of the requisite qualifications to an opportunity to be heard. A Division mum Prom— T o - represent others in the preparation and may immediately suspend any person for tude trial of cases, may be admitted to prac not more than 60 days for contempt or tice before the Court subject to the spe misconduct during the course of any Enid, Okla. (Vance Blackwell (INT), 2,600 cific requirements stated hereafter in this proceeding. LFR). Okla. section. (j) The Court may require any practi (b) Each application must be on the tioner before it to furnish a statement 20. Section 60.17-1002 Direct route; form provided by the Court. Applica under oath of the terms and circum Southeast United States is amended by tion forms and other necessary infor stances of his employment in any pro adding: mation will be furnished upon request ceeding. (See § 701.24.). addressed to the Enrollment Clerk of this Court, Box 70, Washington 4, D. C. (53 Stat. 160, as amended; 26 17. S. C. 1111) Mini (c) An attorney-at-law may be ad Dated: February 5, 1951. From— To— mum alti mitted to practice upon filing with the By the Court. tude Enrollment Clerk a completed applica tion accompanied by a current certificate [ seal] J ohn W . K ern, Fort Worth, Tex. Int. SW. crs. Wichita 2,600 from the Clerk of the appropriate court, Chief Judge, (LFB). Falls, Tex. (LFR) and a direct crs. showing that the applicant has been ad The Tax Court of the United States. between Fort Worth, mitted to practice before and is a mem [P. R. Doc. 51-2020; Piled. Feb. 8, 1951; Tex. (LFR) and Lubbock, Tex. ber in good standing of the Bar of the 8:47 a. m.] (LFR). Supreme Court of the United States, or Int. SW. crs. Wichita Int. S. crs. Guthrie, 3,500 Falls, Tex. (LFR) Tex. (VAR) and a of the highest court of any State, or Ter and a direct crs. be direct crs. between ritory, or of the District of Columbia. TITLE 24— HOUSING AND tween Fort Worth, Fort Worth, Tex. (d) An applicant, not an attorney-at- Tex. (LFR) and (LFR) and Lub HOUSING CREDIT Lubbock, Tex. bock, Tex. (LFR). law, as a condition of being admitted to (LFR). practice, must pass a written examina Chapter VIII——Office of Housing Int. S. crs. Guthrie, Tex. Lubbock, Tex. (LFR). 4,600 (VAR) and a direct tion given by the Court and the Court Expediter ' crs. between Fort may require such person in addition, to Worth, Tex. (LFR) [Controlled Housing Rent Reg., Corr. to and Lubbock, Tex. take an oral examination. Any person Arndt. 270] (LFR). who has thrice failed such examinations shall not thereafter be eligible to take [Controlled Rooms In Rooming Houses and another examination for admission. Other Establishments Rent Reg., Corr. to 21. Section 60.17-1002 Direct route; Arndt. 267] Southeast UnitedT States is amended to (e) An applicant for admission by ex read in part: amination must be sponsored by at least P art 825—R ent R egulations U nder the three persons theretofore enrolled to H ousing and R ent Act of 1947, as * practice before this Court, and each A mended Mini- mum sponsor must send a letter of recommen The Controlled Housing Rent Regula From— To— alti- dation directly to the Enrollment Clerk tude of the Court where it will be treated as a tion (§§825.1 to 825.12) and the Rent confidential communication. The spon Regulation for Controlled Rooms in Joaquin, Tex. (VAR).. Tyler, Tex. (LFR).... 1,900 Rooming Houses and Other Establish sor shall send in his letter promptly, ments (§§ 825.81 to 825.92) are corrected stating therein fully and frankly the in the following respects: 'v 22. Section 60.17-1002 Direct route; extent of his acquaintance with the ap Items 1 and 2 of Amendment 270 to Southeast United States is amended to plicant, his opinion of the moral char §§ 825.1 to 825.12 and Amendment 267 eliminate: acter and repute of the applicant, and to §§ 825.81 to 825.92 are corrected to his opinion of the qualifications of the read as follows: Mini- applicant to practice before this Court. A. Paragraph (a) of § 825.81 shall read mum The Court may in its discretion accept From— To— alti- as follows: tude an applicant with less than three such sponsors. (a) Rooms in rooming houses, hotels and other establishments and defense- Augusta, Ga. (f) The Court will hold an examina 2,300 tion for applicants at its offices in Wash rental areas to which §§ 825.81 to 825.92 ington, D. C., on the second Wednesday inclusive, apply. Sections 825.81 to (Sec. 205, 52 Stat. 984, as amended; 49 U. S. C. 825.92, inclusive (except the provisions 425. Interpret or apply sec. 601, 52 Stat. 1007, in September of each year, and at such as amended; 49 U. S. C. 551) other times and places as it may desig contained irr Schedule B), apply to all nate. The Court will notify each appli rooms in hotels, rooming houses, and These rules shall become effective cant, whose application is in order, of the other establishments and to all accom February 9, 1951. time and place at which he is to present modations brought under §§ 825.81 to to 825.92, inclusive, by consent of the L. C. E lliott, himself for examination, and the appli Acting Administrator of Civil cant must present that notice to the Area Rent Director pursuant to para Aeronautics. examiner as his authority for taking an graph (e) of this section and to all ac examination. An applicant seeking to commodations brought under the “Hotel [P. R. Doc. 51-2009; Piled, Feb. 8, 1951; qualify by examination must accompany Regulation” by consent of the Area Rent 8:46 a. m.] his application with a fee of $10; check Director pursuant to section 1 (e) of that or money order to be made payable to the regulation, within each of the defense- “Treasurer of the United States.” rental areas and each of the portions of TITLE 26— INTERNAL REVENUE (g) Corporations and firms will not be a defense-rental area (each of which is admitted or recognized. referred to hereinafter in §§ 825.81 to Chapter II— The Tax Court of the (h) Practitioners before this Court 825.92, inclusive, as the “defense-rental United States shall carry on their practice in accord area”), which are listed in Schedule A, except as provided in paragraph (b) of P art 701—R ules of P ractice ance with the letter and spirit of the canons of professional ethics as adopted this section: Provided, however, That ADMISSION TO PRACTICE by the American Bar Association. after December 31,1950, said §§ 825.81 to 825.92 will apply only to said rooms and Section 701.2 is amended to read, as (i) The Court may deny admission to, follows: suspend, or disbar any person who in its accommodations in those defense-rental judgment does not possess the requisite areas which are listed in Schedule C. § 701.2 Admission to practice, (a) An qualifications to represent others, or who In Schedule A of §§ 825.81 to 825.92, applicant who establishes to the satis is lacking in character, integrity, or inclusive, the “maximum rent date” and 1234 RULES AND REGULATIONS the "effective date of regulation" as [General Ceiling Price Regulation, Supple 2. Section 10 of Supplementary Reg established under the rent regulations mental Regulation 1, Arndt. 1 ] ulation 1 is amended to read as follows: issued pursuant to the Emergency Price GCPR, SR 1—D efense A gency P ricing Control Act of 1942, as amended, is given S ec. 10. Individual hardship adjust for each defense-rental area listed. AMDT. 1— CERTAIN WOOL PRODUCTS SUPPLIED ments. The Director of Price Stabili These apply to defense-rental areas TO DEFENSE AGENCIES zation, on application for adjustment in accordance with Price Procedural Reg listed in Schedule C, as well as to those Pursuant to the Defense Production listed in Schedule A. More than one ef ulation 1, may adjust the ceiling price Act of 1950 (Pub. Law 774, 81st Cong.), or prices of any seller who has entered fective date is given for different portions Executive Order 10161 (15 F. R. 6105), of a defense-rental area where the same into or proposes to enter into a defense and Economic Stabilization Agency Gen contract or subcontract for the sale of effective date is not applicable to the en eral Order No. 2 (16 F. R. 738), this tire defense-rental area. Amendment 1 to Supplementary Regu a commodity or service essential to the In Schedulg B are set forth provisions lation 1 (16 F. R. 1006) to the General defense program, whenever it appears which modify or supplement §§ 825.81 to Ceiling Price Regulation (16 F. R. 808) that the ceiling prices impedes or 825.92, inclusive, insofar as it is appli is hereby issued. threatens to impede the production, cable to certain individual defense- manufacture, or distribution of such rental areas, or portions thereof. Statement of Considerations commodity or the supply of such service. In Schedule C are listed those localities Supplementary Regulation 1 exempts 3. Section 13 of Supplementary Regu and the defense-rental areas in which from the General Ceiling Price Regula lation 1 is amended to read as follows: they are located, which, by reason of tion certain purchases and sales of de declarations made in accordance with fense materials and services and estab S ec. 13. Contracts and deliveries section 204 (f) (1) of the act, will con lishes a procedure for the adjustment of pending disposition of adjustment appli tinue to be subject to §§ 825.81 to 825.92 ceiling prices in hardship cases. The cations. Upon the filing of an applica after December 31,1950. The name and accompanying amendment to Supple tion for Adjustment with the appropriate number of each defense-rental area mentary Regulation 1 exempts from the Defense Agency for transmittal to the listed in Schedule C are the same as General Ceiling Price Regulation sales Director of Price Stabilization and pend those which appear for the same de of certain wool products when sold to ing final disposition of the application, fense-rental area in Schedule A. Defense Agencies or their suppliers. contracts may be entered into or pro B. A sentence is added to the last Due to the fact that in the woolen in posals and bids may be submitted at the paragraph of § 825.1 (a), so that said dustry deliveries to Defense Agencies fre price or prices requested in the appli last paragraph will read as follows: quently are not scheduled to commence cation and deliveries may be made under such contracts, but the seller may not In Schedule C are listed those localities until several months after a contract has been signed, substantial increases in ma receive and the buyer may not pay the and the defense-rental areas in which amount by which the requested price they are located, which by reason of terial costs which occurred during the months immediately preceding the issu exceeds the ceiling price unless and un declarations made in accordance with til an order granting a higher price has section 204 (f) (1) of the act, will con ance of the General Ceiling Price Regu been issued. The seller shall include in tinue to be subject to §§ 825.1 to 825.12 lation, were not reflected in the prices of goods which were actually delivered dur any sale, contract to sell, or offer to sell after December 31,1950. The name and at the price requested: number of .each defense-rental area ing the base period. It is common knowl edge that there has been a very substan (a) The ceiling price for the commod listed in Schedule C are the same as those ity or service in question. which appear for the same defense- tial increase in the price of raw wool, (b) A statement that the quoted price rental area in Schedule A. most of which is imported. It is neces sary, therefore, in order to facilitate pro is subject to approval by the Director of (Sec. 204, 61 Stat. 197, as amended; 50 U. S. C. curement of woolen products for the Price Stabilization. App. Sup. 1894) Defense Agencies, to provide a limited (c) A statement that an appropriate This correction shall be effective as of exemption from the General Ceiling Application has been filed with the De August 18, 1950. Price Regulation until such time as a fense Agency for transmittal to the Di proper method for computing ceiling rector of Price Stabilization. Issued this 6th day of February 1951. prices, other than the method estab Effective date.. This Amendment 1 is T ighe E. W oods, lished by the General Ceiling Price Reg effective immediately. Housing Expediter. ulation, can be formulated. (Sec. 704, Pub. Law 774, 81st Cong. Interpret [F. R. Doc. 51-2029; Filed, Feb. 8, 1951; This amendment also makes two pro or apply Title IV, Pub. Law 774, 81st Cong., 8:49 a. m.] cedural changes in the method of grant ing individual hardship adjustments. E. O. 10161, Sept. 9, 1950, 15 F. R. 6105) 1. Section 2 of Supplementary Regu M ichael V. D i S alle, Director of Price Stabilization. TITLE 32A— NATIONAL DEFENSE, lation 1 is amended to read as follows: APPENDIX S ec. 2. Temporary exemptions, com F ebruary 7, 1951. modities and services for military needs. [F. R. Doc. 51-2118; Filed, Feb. 8, 1951; Chapter III— Office of Price Stabiliza (a) Until April 1, 1951, the provisions 11:48 a. m.] tion, Economic Stabilization Agency of the General Ceiling Price Regulation shall not apply to sales, of commodities [Ceiling Price Regulation 5] and services normally produced and. CPR 5—I ron and S teel S crap supplied only for military use, to a De [Price Procedural Regulation 2] fense Agency or to any person for use In F. R. Doc. 51-1937 (16 F. R. 1061), in connection with a defense contract or PPR 2— I ndustry A dvisory Committees the fourth sentence of section 23 (a) (5), subcontract. A ppointed U nder the D efense P ro reading: “May not include galvanized, (b) The provisions of the General duction A ct of 1950 vitreous enameled stock tin plate, terne Ceiling Price Regulation shall not ap Pursuant to the Defense Production plate, or other metal coated material" is ply to sales of the following commodities corrected to read as follows: “May in pursuant to a defense contract entered Act of 1950 (Pub. Law 774, 81st Cong.) clude galvanized, but not vitreous enam into upon the basis of invitations for Executive Order 10161 (15 F. R. 6105), eled stock tin plate, terne plate, or other bids issued on or before January 26,1951, and Economic Stabilization Agency metal coated material.” or pursuant to a subcontract thereun General Order 2 (16 F. R. 738), the fol (Sec. 704, Pub. Law 774, 81st Cong. Interpret der: (1) Woolen and worsted yarns and lowing rules are set forth for the ap or apply Title IV, Pub. Law 774, 81st Cong., textiles; (2) Raw, scoured, and pulled pointment and administration of Indus E. O. 10161, Sept. 9, 1950, 15 F. R. 6105) wool, wool top, noils, mohair and wool try Advisory Committees. waste; (3) Articles which are made prin M ichael V. D i S alle, cipally from woolen or worsted yarns GENERAL Director of Price Stabilization. Sec. and textiles (except those in which the 1. Purpose. [F. R. Doc. 51-2117; Filed, Feb. 8, 1951; woolen material is supplied by a defense 2. Functions. 11:47 a. m.] agency). 3. Meaning of “business" or “industry". F riday, February 9, 1951 FEDERAL REGISTER 1235

APPOINTMENTS regard to which the preparation or issu dustry Advisory Committee be called, he Sec. ance of a ceiling price regulation or order, shall issue an invitation sufficiently in 4. Time of appointment. is being contemplated or considered. advance to enable the members of the 5. Composition of Committees. Committee to make arrangements to at 6. National or Regional Committees. S ec. 5. Composition of Committees. 7. Eligibility for Committee membership. The Director of Price Stabilization shall tend and to permit time for prior con 8. Appointment of Committee members. select the members of each Industry sideration of the issues involved. The 9. Alteration of Committees. Advisory Committee in a way to assure Director of Price Stabilization may call 10. Maintenance of adequate membership. a meeting when requested by three Com IT. Disbandment of a Committee. fair representation for independent mittee members, if he deems it desirable. 12. Appointment of Subcommittees. small, for medium and for large business enterprises, for different geographical S ec. 14. The place. Unless otherwise MEETINGS 13. The call. areas, for trade association members specified by the Director of Price Stabili 14. The place. and non-members, and for different seg zation, all meetings shall be held in 15. Attendance. ments of the business or industry Washington, D. C. and shall be under his 16. Chairmanship. affected. supervision. 17. Agenda. S ec. 15. Attendance. Attendance at 18. Records of meetings. S ec. 6. National or Regional Com 19. Compensation and expenses. mittees. The Director of Price Stabiliza Industry Advisory Committee meetings 20. Subcommittee meetings. tion will appoint Industry Advisory shall be limited as follows: Committees on a national or regional (a) Members of the Committee. No A u t h o r it y : Sections 1 to 20 issued under alternates will be permitted. sec. 704, Pub. Law 774, 81st Cong. Interpret basis, as he deems desirable or appro or apply Title IV, Pub. Law 774, 8lst Cong., priate. (b) Representatives of the Office of E. O. 10161, Sept. 9, 1950, 15 F. R. 6105. Price Stabilization and representatives S ec. 7. Eligibility for Committee mem of other Government agencies invited by GENERAL bership. Eligibility for membership on the Director of Price Stabilization. Industry Advisory Committees shall be S ection 1. Purpose. Industry Advi (c) Any other persons who may be determined by present employment with invited by the Director of Price Stabili sory Committees serve an important and a firm in the business or industry useful purpose in consulting with and zation. No business or industry rep affected, in a supervisory, managerial or resentatives, except members of the advising the Director of Price Stabili technical capacity related to the pro zation in regard to industry and business Committee, shall be permitted to attend duction, distribution, or use of a material unless invited by the Director of Price matters which should be considered by or service. him in the preparation, issuance, and Stabilization. modification of price regulations and or S ec. 8. Appointment of Committee S ec. 16. Chairmanship. The Director ders. By using such committees, busi members. Appointment of Industry Ad of Price Stabilization or his representa ness and industry and the Office of Price visory Committee members shall be by tive shall act as Chairman of each In Stabilization can easily exchange views letter from the Director of Price Stabili dustry Advisory Committee and shall and discuss problems of mutual interest zation. This letter will contain the preside over all Committee meetings. names of all members of the Committee. in connection with the stabilization of S ec. 17. Agenda. The agenda for each prices. At the time of the appointment of the Committee a press release will be issued meeting shall be initiated by the Direc S ec. 2. Functions. Industry Advisory publicly announcing such appointment. tor of Price Stabilization or his repre Committees function only in an advisory sentative, and so far as practicable, shall capacity, and shall confine their activi S ec. 9. Alteration of Committees. The be forwarded to the Committee in ad ties to the providing of information, Director of Price Stabilization may from vance of the meeting. time to time in his discretion enlarge, •advice and recommendations. All deci S ec. 18. Records of meetings. Full sions with regard to price controls and reduce or change the membership of an Industry Advisory Committee. and complete minutes shall be kept of the carrying out of such decisions shall the proceedings and a record shall be remain the sole responsibility and within S ec. 10. Maintenance of adequate made of those in attendance at each the sole authority of the Office of Price membership. Industry Advisory Com meeting. A summary report of the Stabilization. In addition to consulta mittees shall be kept staffed with full meeting shall be mailed to Industry Ad tion with Industry Advisory Committees membership at all times. A vacancy visory Committee members as expediti the Office of Price Stabilization may shall be filled promptly by a person with ously as possible, unless the Director of from time to time consult with such as nearly the same business or industrial Price Stabilization or his representative other persons or groups of persons, in background as the person he is replac determines otherwise, after consultation cluding trade associations, as it may ing, keeping in mind the requirements of with the Committee. deem appropriate or desirable. Sec. 4. ¿ ec. 19. Compensation and expenses. S ec. 3. Meaning of “business” or “in S ec. 11. Disbandment of a Committee. The Office of Price Stabilization shall dustry”. The determination as to what Whenever the Director of Price Stabiliza not pay any compensation or reimburse constitutes a “business” or “industry” tion finds that an Industry Advisory ment of expenses to any members of In within the meaning of this regulation Committee has accomplished its pur dustry Advisory Committees. will be made by the Director of Price pose, or whenever he deems it desirable, S ec. 20. Subcommittee meetings. Sub Stabilization in the light of the relevant he will order the disbandment of the circumstances. The appropriate con Committee. committees shall have as their chairmen siderations in such a determination will representatives of the Office of Price be those which will insure to the persons S ec. 12. Appointment of Subcommit Stabilization designated by the Director. substantially affected by ceiling price tees. The Director of Price Stabilization Meetings of a Subcommittee shall be held regulations or orders a means of con may appoint Subcommittees of an In at the call of the chairman and complete sultation and recommendation, but dustry Advisory Committee for the pur minutes of the meeting shall be kept. which will at the same time permit a pose of considering problems of a Upon the conclusion of its consideration workable framework for such consulta specialized or technical nature in the of each matter referred to it by an In tion and recommendation, taking into businesss or industry represented by the dustry Advisory Committee, the Sub account the organization of the Office of Committee, or for the purpose of han committee shall submit its views and Price Stabilization. An undue multi dling special and non-recurring tasks. conclusions and recommendations plicity of committees will be avoided. A Committee may request the appoint thereon in writing to the Committee. ment of a Subcommittee. The Director Effective date. This regulation is APPOINTMENTS of Price Stabilization may appoint to effective immediately. S ec. 4. Time of appointment. From Subcommittees persons who are not M ichael V. D iS alle, time to time, as the need arises and as members of the Committee. far as practicable, the Director of Price Director of Price Stabilization. Stabilization will appoint appropriate MEETINGS F ebruary 7, 1951. Industry Advisory Committees, repre S ec. 13. The call. When the Director [F. R. Doc. 51-2119; Filed, Feb. 8, 1951j sentative of any business or industry with of Price Stabilization desires that an In 11:48 a. m.] 1236 RULES AND REGULATIONS

Chapter IV— Wage Stabilization Sec. (a) That the employee shall not have 5. Hiring of new employees. received a merit and/or length of service Board, Economic S ta b iliz a tio n 6. Permissible variations in earnings. Agency 7. Rates subject to revision. increase during the 12 calendar months 8. Record keeping required. preceding the effective date of such [General Regulation 5] 9. Increases shall not justify price increases. increase. (h) That the number of employees G R 5— A djustments for I ndividual Au th o rity : Sections 0 to 9 issued under E mployees sec. 704, Pub. Law 774, 81st Cong. Interpret whose rates may be increased in any one or apply Title IV, Pub. Law 774, 81st Cong.; calendar month shall not exceed £he Pursuant to the Defense Production E. O. 10161, Sept. 9, 1950, 15 F. R. 6105. proportionate number of increases Act of 1950 (Public Law 774, 81st Cong.), granted per month during the calendar Executive Order 10161 (15 F. R. 6105), S ection 0. Regulation subject to year 1950 in each bargaining unit or General Wage Stabilization Regulation future general regulation. Pending the other appropriate groups of employees. 1 (16 F. R. 816) and Economic Stabiliza issuance of further general regulations (c) That the increase granted an em tion Agency General Order No. 3 (16 on the subjects covered herein, individ ployee shall not exceed in amount the F. R. 739), this General Regulation No. ual wage or salary adjustments are figure reached by dividing the total 5 is hereby issued. authorized for employees, without prior amount of merit and/or length of service STATEMENT OF CONSIDERATIONS approval of the Wage Stabilization increases granted to employees in the Board, subject to this General Regula same job classification during the calen This General Regulation is issued by tion No. 5. dar *year 1950, by the number of em the Wage Stabilization Board in dis S ec. 1. Merit and/or length of service ployees in that classification who re charge of its responsibilities under the increases where plan exists. Merit and/ ceived such increases; Provided, That in provisions of the Defense Production or length of service increases may be an establishment that has no system of Act of 1950, Executive Order 10161, job classifications, the increase shall not General Order No. 3 and General Wage granted in accordance with a plan in effect on January 25, 1951, provided: exceed in amount a figure similarly com Stabilization Regulation 1 of the Eco puted which averages the increases nomic Stabilization Administrator. It (a) That such a plan existed— (1) In a written collective bargaining granted to employees doing similar work is designed to stabilize wages, salaries during the calendar year 1950. Where and other compensation and to effectu agreement in effect on or before Janu ary 25, 1951, or job classifications are grouped into labor ate the purposes and intent of said grades or levels and wage or salary rate statute, orders, and regulation. (2) In the form of a written statement of policy or procedure or a written notice administration has been in terms of such For the purpose of preparing itself for grades or levels, the average referred to the discharge of its responsibilities, the that had been furnished to or posted for the employees and which written state may be computed for each such grade Wage Stabilization Board heretofore or level. distributed to representative labor and ment or notice in effect on or before January 25, 1951, and that (d) That no employee shall be raised industry groups a series of questions, the to a rate higher than the maximum rate answers to which would provide the (3) Such written agreement, state ment, or notice, shall be kept available of the job classification, or in the ab Board with essential information for the sence of a formal system of rate ranges, development of wage stabilization poli at all times for inspection by the Wage Stabilization Board, and than the highest rate paid to any em cies. Thereafter, the Board conducted ployee doing similar work on January conferences which were attended by-rep Ob) That such a plan contains job 25,1951, except as such highest rate may resentatives of labor and industry, who classification rate ranges with clearly have been raised pursuant to the terms presented their views respecting the de designated maximum rates; and of General Regulation No. 2 or other velopment of wage stabilization policies. (c) That in accordance with the actions of the Board authorizing in In the formulation of the provisions normal operation of such a plan the creases in wage or salary rates. hereof there has thus been consulta employee would normally be reviewed tion with industry and labor represen for a merit increase or entitled to a S ec. 3. Promotions and transfers. tatives, including trade association and length of service increase at the time When a bona fide promotion or transfer labor union representatives, and consid the increase is granted; and of an employee to a higher job is made, eration has been given to their recom (d) That if the plan provides for in the payment to such employee of the rate mendations. creases in specific amounts or percent for such job is permissible provided: The effective administration of wage age increases shall not be granted in (a) That the employee is required to stabilization program rests largely on excess of such amounts or percentages; perform the normal duties of the job to the degree of success achieved in ensur and which he is promoted or transferred. ing that individual wage and salary ad (e) That if the plan does not provide (b) That if the job to which the em justments be not misused for the for increases in specific amounts or per ployee is promoted or transferred has a purposes of evading or avoiding the re centages, the amount of increase granted rate range, the rate within the range quirements of law. Efficient industrial to, any individual employee shall not ex which he may be paid shall be governed management, harmonious labor-man ceed the figure reached by dividing the by the practice followed under the terms agement relations and high level produc total amount of the merit and/or length of the applicable collective bargaining tion cannot be attained unless a large of service increases granted to individual agreement, or under a written statement measure of flexibility and discretion is employees in that classification during of policy or procedure existing and in reserved to management, or to manage the calendar year 1950 by the number actual operation on January 25,1951. If ment and labor, as the case may be, in of employees in that classification who such agreement or written statement the operation of sound systems for merit received such increases. Where job does not exist, the employer shall follow and/or length of service increases, pro classifications are grouped into labor the same practice in determining such motions or transfers, establishing rates grades or levels and wage or salary rate rate as he followed in the calendar year for new or changed jobs, new hirings, administration has been in terms of such 1950. In no event shall the employee re etc. It is the intention of the Board in grades or levels, the average referred to ceive a rate in excess of the maximum the accompanying general regulation to may be computed for each such grade of the rate range to which he is pro permit the operation and administration or level. moted or transferred. of such systems subject to the standards (f) That no employee’s rate shall be S ec. 4. New or changed jobs. Rates and controls set forth therein. raised above the maximum rate of his for new or changed jobs may be estab job classification. lished in accordance with plans or pro Sec. cedures in effect on January 25, 1951, 0. Regulation subject to future general regu S ec. 2. Merit and/or length of service lation. increases in absence of plan. In the or, if no plan or procedure was in effect 1. Merit and/or length of service Increases absence of an established, plan meeting on such date, the rates established must where plan exists. be in balance with the existing rate struc 2. Merit and/or length of service increases in the requirements of section 1 above, absence of plan. merit and/or length of service increases ture. Slight or inconsequential changes 3. Promotions and transfers. may be granted subject to the following in job content shall not provide the basis 4. New or changed jobs. conditions: 1 for establishing new job classifications, Friday, February 9, 1951 FEDERAL REGISTER 1237

rates or rate ranges nor justify changes TITLE 42— PUBLIC HEALTH visional designation for oral argument in existing job classifications, rates or was issued. Following a specific request rate ranges. Chapter I— Public Health Service, by one of the amateur organizations a general oral argument was scheduled. S ec. 5. Hiring of new employees. A Federal Security Agency On June 2, 1950, oral argument was new employee may not be hired at a P art 21— Commissioned O fficers rate exceeding: heard by the Commission en banc. (a) The minimum of the rate range of SUBPART Q—FOREIGN. SERVICE ALLOWANCES In addition to stating the basis and the job classification into which he is purpose of the amateur rules, the Effective January 1, 1951, Appendix A amendments originally proposed pro hired, provided that an employee who is amended as follows: has special ability and experience may vided for changes in the classification of be hired at a rate corresponding to such amateur operator licenses which would Subsist Quar eventually eliminate the three operator ability and experience within the rate Morocco ence ters Total Travel range, or classifications now provided and sub stitute therefor six grades of amateur

PROPOSED RULE MAKING

Hearing Clerk, United States Department (3) The accounting for milk produced DEPARTMENT OF AGRICULTURE pf Agriculture, Washington 25, D. C., by a handler; Production and Marketing Within 15 days following the publication (4) The shrinkage allowance on milk of this notice. diverted from one handler to another Administration handler; and [P. & S. Docket No. 344] Done at Washington, D. C., this 5th (5) Minor administrative provisions day of February 1951. U nion S tock Y ards Co. of O maha (Ltd.), of the order, [seal] K atherine L. M ason, Findings and Conclusions. The find NOTICE OF PETITION FOR MODIFICATION OF Hearing Clerk. ings and conclusions with respect to the TEMPORARY RATES [F. R. Doc. 51-2016; Filed, Feb. 8, 1951; aforementioned material issues, all of Pursuant to the provisions of the Pack 8:47 a. m.] which are based on the evidence intro ers and Stockyards Act, 1921, as amended duced at the hearing and the record (7 U. S. C. 181 et seq.), an order was thereof, are as follows: issued on August 12, 1949 (8 A. D. 877), (1) The milk to be “pooled,” i. e., in which was continued and amended by I 7 CFR, Part 968 ] cluded in the computation of the uni orders dated July 6, 1950 (9 A. D. 791), [Docket No. AO-173-A4] form or “pool” price for all months and November 27, 1950 (9 A. D. 1333), except March, April, May, and June, respectively, authorizing the respondent H andling of M ilk in W ichita, K ans., should be that received from producers to assess the current charges for stock- M arketing Area at a plant from which at least 15 percent yard services. NOTICE OF RECOMMENDED DECISION ' AND of the receipts of locally inspected and . By petition filed on January 29, 1951, OPPORTUNITY TO FILE WRITTEN EXCEP approved milk is disposed of. as Class I respondent requested authority to put TIONS WITH RESPECT TO A PROPOSED milk and Class H milk in the marketing into effect the following charges: AMENDMENT TO THE TENTATIVE MARKET area. For the months of March, April, ING AGREEMENT, AND TO THE ORDER, AS May, and June, the milk to be pooled Y ardage Charges should be that received from producers AMENDED at a plant which disposed of a substan Pro Pursuant to the provisions of the Ag tial portion of its receipts as Class I Present posed rates rates ricultural Marketing Agreement Act of and Class U milk in the marketing area 1937, as amended (7 U. S. C. 601 et seq.), during four preceding fall months. and the applicable rules of practice and (a) All livestock received, and (b) The order presently provides for pool all livestock reweighed or resold: procedure, as amended, governing the ing all locally inspected milk received Cattle (except bulls 700 pounds or Per head formulation of marketing agreements over)______;____ :__„ $0.75 $0.80 at or diverted from a plant from which Bulls (minimum 700 pounds)_____ 1.00 1.25 and marketing orders (7 CFR Part 900), any milk is disposed of as Class I or as Calves (maximum 400 pounds)____ .42 .45 notice is hereby given of the filing with Class II milk in the marketing area. It Hogs....______26 .28 the Hearing Clerk of the recommended Sheep or goats______.16 .17 was proposed to designate as “pool Horses or mules______.70 .80 decision of the Assistant Administrator, plants” those approved plants which Exceptions: (a) Yardage will not be assessed against Production and Marketing Administra • livestock handled tor the railroads, unloaded for feed, disposed of a minimum percentage of water, and rest, unless such stock changes ownership. tion, United States Department of Agri their receipts of producer milk as Class (b) Yardage will not be assessed against livestock for- culture, with respect to a proposed I and Class II milk in the marketing area • warded to another terminal market or returned to point of origin, provided the livestock has not changed amendment to the tentative marketing and to restrict the milk to be pooled to ownership or been weighed. agreement and to the order, as amended, that received at or diverted from pool (c) Livestock, not sold on this market, forwarded other regulating the handling of milk in the than to “point of origin” or “another terminal plants. market” (one weighing permitted) will be assessed Wichita, Kansas, marketing area. In While the approval of health author, the following yardage charges: terested parties may file written excep • Cattle (except bulls 700 pounds or ities, of the marketing area with respect over)__ „______$0.37 $0.40 tions to this decision with the Hearing to both dairy farmers and plants consti Bulls (minimum 700 pounds)______.50 • .62 Clerk, United States Department of tutes, a measure of identifying certain -Calves______i------, .21 .23 Hogs______13 .14 Agriculture, Washington 25, D. C., not milk with the fluid trade of the area, Sheep or goats______I------.08 .09 later than the close of business the 12th there is opportunity under the present (d) Yardage charges on slaughter livestock consigned day after publication of this decision in direct to packers will be at the following rates, pro provisions of the order for considerable vided packers accept delivery of stock at unloading the F ederal R egister, Exceptions should volumes of milk to be pooled on the basis chutes and remove stock from premises as soon as be filed in quadruplicate. of very slight contribution to the Class I weighed: Cattle (except bulls 700 pounds or Preliminary statement. The hearing, and Class II needs of the marketing over)______$0.37 $0.40 on the record of which the proposed area. Token sales of Class I or Class H Bulls (minimum 700 pounds)_____ .50 .62 Calves______21 .23 amendment to the tentative marketing milk may now be made during periods Hogs______,____ ;___ .13 .14 agreement and to the order, as amended, of flush production from a plant at which Sheep or goats______— ____ * 08 .09 was formulated, was conducted at (e) Livestock resold or reweighed, other than through a the milk received is principally used for commission firm, in these yards for local delivery will Wichita, Kansas, on October 24, 1950, manufacturing dairy products and the be assessed the following yardage charges: pursuant to notice thereof which was entire receipts of approved milk at such Cattle______-i.__ $0.23 $0.25 Calves______.14 .15 issued on October 13, 1950, (15 F. R. a plant are pooled. The pooling of all Hogs______.08 .09 6970). milk received at such a plant reduces the Sheep or goats______— „ •. 05 .05 (f) Livestock resold or reweighed, other than through a Proposed amendments were submitted uniform price received by producers commission firm, in these yards for shipment off the by the Wichita Milk Producers Associa whose milk is used regularly in the tion, the Central Kansas Cooperative ' '$0.11 $0.12 market and tends to discourage them .07 .08 Creamery Association, and the Dairy from producing sufficient milk to meet .05 .08 Branch, Production and Marketing the needs of the market. Sheep or goats______.02 .03 Horses or mules______.12 .12 Administration. Plants which dispose of a minor por ; The material issues of record related tion of their receipts of approved milk in to: the marketing area can hardly be con If authorized, the charges sought will (1) A proposal that receipts of ap sidered to have fully identified such produce additional revenue for the re proved milk at a plant be included in receipts as a part of the regular supply spondent and increase the expenses of the pool only if such plant disposes of for the Wichita market to which uniform marketing livestock. It appears, there a minimum percentage of such receipts prices to producers should apply. It is fore, that the notice of the filing of the as Class I or Class II milk in the market likely that the Wichita market Is not petition and its contents should be given ing area; the primary market for which such milk to the public. (2) The classification of milk sold on is produced and that other markets may All interested parties who wish to be certain bid specifications to agencies of have first claim on the suppliés of such heard in the matter shall notify the the Government;. a plant. F riday, F ebruary 9, 1951 > FEDERAL REGISTER 1243 A cooperative marketing association receipts than that proposed for all necessary to provide uniformity of costs, with a plant located approximately 50 months is an appropriate requirement to handlers and protection to regular miles from Wichita has recently started for performance during this season producers. It is concluded therefore route distribution in Wichita, the volume which will qualify a plant as a pool plant that the appropriate payment to the pool of which is less than 10 percent of its during following months of flush produc from a handler who operates an ap receipts of Wichita approved milk. tion. Fifty percent of a plant’s receipts proved plant which fails to qualify as a From the testimony of a representative in the short production months repre pool plant should be the lesser of (a) of the association it is evident that this sents a volume of milk that is probably the difference between the Class III price supply of milk was first developed to sup no greater than 40 percent of such re and price for the class of use with re ply out-of-state markets in bulk. Pres ceipts in the flush production months. spect to all milk disposed of as Class I ently route sales, however, are being As a condition of pool plant status for or Class II milk in the marketing area made in Wichita and other areas but the the months of March through June it or (b) the difference, if any, between the availability of other sales outlets indi is considered reasonable to require that costs of his milk at the class prices of cates that a major portion of the supply a plant have been a pool plant during the order and his payments to the ap will not enter the Wichita market. With each of the months of August through proved dairy farmers who would be con respect to this milk, the approval of November preceding, and during this sidered producers under the present Wichita health authorities does not by four-month period also have disposed provisions of the order. In addition itself constitute sufficient evidence that of as Class I and Class II milk in the such a handler should pay his pro rata such milk has Wichita for its primary marketing area a total amount of milk share of the costs of administration of market. equal to 50 percent or more of its total the order. Such provisions will insure In contrast to this situation the other receipts of approved milk. uniformity of costs of milk among han milk how included in the Wichita pool is- Such a provision is appropriate for all dlers, and will recognize the payments delivered to handlers located in Wichita plants which were approved plants dur that non-pool handlers choose to make whose primary market is Wichita. The ing the designated short supply months. to approved dairy farmers. minimum percentage of receipts of pro Some additional provision should be 2. It was proposed that milk, skim ducer milk that any of these handlers made, however, for a plant which had no milk or cream bottled and sold pursuant has disposed of as Class I and Class II opportunity to qualify because it became to an invitation to bid by the Govern milk in any delivery period since June an approved plant subsequent to August ment of the United States as Type II, 1944 has been 59.7 percent; in fact Class of the preceding year. It is concluded No. 3 and so labeled, by an approved I and Class n disposition of each of these that such a plant should be a pool plant plant which regularly receives ungraded handlers generally has exceeded this in any of the months of March through milk should be classified as Class III milk percentage materially. June if 40 percent or more of such plant’s to the extent of the receipts of ungraded It was proposed that the requirement approved receipts are disposed of as milk at the approved plant. This pro for pool plant status for any month Class I and Class II milk in the market posal should not be adopted. should be disposition of 40 percent of the ing area during such month. The proponent of this change indi inspected receipts of an approved plant It was proposed that a handler whose cated that the proposal was specifically as Class I and Class II milk in the plant failed to qualify as an approved designed to cover milk that might be sold marketing area during such month. In plant should be required to pay into the to Fort Riley, which is located a consid support of this proposal, it was contended pool the, difference between the Class III erable distance from the Wichita mar that the percentage proposed was sub or manufacturing milk price and the keting area. stantially less than that shown for any Class I or Class n price for all milk No detailed information was furnished month over a period of years by the disposed of as Class I or Class II milk in on the record as to requirements for milk handlers regularly supplying the market. the marketing area. Provision should to be furnished array posts as Type II, In opposition, it was asserted that such be made to price handlers’ milk uni No. 3, other than that such milk must a requirement would prevent new han formly. Producers regularly supplying be similar to Grade A milk, but need dlers from entering the market. the market also need assurance that un not be Grade A milk. It appears from The record indicates that the princi priced milk will not reduce their sales the record that in effect locally inspected pal problem which concerns the produc in the higher classes. It is doubtful, milk would, to the extent available, be ers’ association regularly supplying the however, if the interests of pool handlers used for such sales, and that the pro market is sales in the flush season from and regular producers require more than posal was for a special classification on plants which do not contribute to the assurance that the cost of milk to the certain out-of-market sales of fluid milk short season needs of the market. It handler who fails to achieve pool status and cream so that the milk used for does not appear that disposition as Class is equal to that provided in the order. such sales could be accounted for to the I and Class n milk in the marketing area The provision proposed seeks to pool at surplus prices. It a#ppears that of a portion of a plant’s approved receipts achieve this result on the basis that the these would be regular sales of fluid milk, as substantial as 40 percent need be re non-pool handler could not purchase skim milk and cream and that they quired in each month of the year, if pro any milk at less than the Class III prices would not differ materially from other vision is made to restrict pool plant status of the order and that an additional pay out-of-market sales. They should, during the flush production months to ment of the difference proposed would therefore, be classified and priced as plants which have made a substantial insure a cost equal to or greater than Class I milk or Class II milk. It is con contribution to the Class I and Class II that of pool handlers on the milk actu cluded, therefore, that the proposed needs of the market during the preceding ally disposed of in the marketing area amendment should not be adopted. season of short supply. Accordingly, it for fluid use. This proposal, however, 3. Milk produced by a handler (other is concluded that, except for the months fails to recognize that the handler than a producer-handler) should be of flush production, an approved plant through choice or because of competitive treated with respect to pooling and the which disposes of 15 percent or more of conditions may pay farmers more than application of the base-rating system its approved receipts as Class I and the Class III price for such milk, and as the same as the milk of other producers. Class H milk in the marketing area shall a result have a higher cost than the The present order deducts a handler’s be a pool plant. However, for four class prices of the order on the milk so production pro rata from his producer months associated with flush production disposed of in the marketing area. The milk in each class. Since the Wichita (March through June), it is concluded non-pool handler must report to the order pools the sales of milk of all han that the requirement for pool plant sta market administrator his receipts and dlers and distributes the proceeds to tus should be a much more substantial utilization in order that his status and producers on a base-rating system, a disposition of approved receipts as Class pool obligations may be determined. handler’s own production would receive I and Class n milk in the marketing The payments he makes to approved treatment different from that of other area during four preceding months (Aug dairy farmers are also available. If producers. It is concluded that the pro ust through November) when supplies are through choice or competitive conditions visions should be changed so that a han normally short. Since the receipts of these payments are equal to the amount dler’s own production will share equally, milk are less in the short production that the order now provides at class In the market with that of other pro-, season than at other seasons of the year, prices on his entire utilization, the re ducers. At the present time no pool han a somewhat higher percentage of such quirement of additional payments is not dler has milk of his own production*. 1244 PROPOSED RULE MAKING

The amendment is desirable, however, ing agreement and the order, as City of Wichita for the production of to clarify the status of milk which might amended, and as hereby proposed to be milk to be disposed of as Grade “A” milk. be produced by a handler. further amended, are such prices as will 4. When a handler receives milk by reflect the aforesaid factors, insure a § 968.6 Producer. “Producer” means diversion directly from the farm for the sufficient quantity of pure and whole any approved dairy farmer, other than a account of another handler, the quan some milk, and be in the public interest; producer-handler, whose milk is re tity of Class in plant loss associated and ceived at a pool plant or is diverted from with such diverted milk should accrue (c) The proposed order, as amended, a pool plant by the handler who operates to the handler who physically received and as hereby proposed to be further such pool plant, of by a cooperative as the milk. amended, will regulate the handling of sociation, to a plant which is not a pool It is customary in the Wichita market. milk in the same manner as, and will be plant for the account of such handler for movements of milk between handlers applicable only to persons in the re or cooperative association. to take place by diversion directly front spective classes of industrial and com § 968.7 Approved plant. “Approyed producers’ farms to the plant of the sec mercial activity specified in a marketing plant” means any plant approved by ond handler. Many of these diversions agreement upon which a hearing has the health authorities of the city of are arranged by a producer’s cooperative been held. Wichita, Kansas, for the handling of association in order to supply handlers Rulings on proposed findings and con milk to be disposed of for fluid con in accordance with their needs for fluid clusions. Briefs were filed on behalf of sumption as milk in the marketing area sales; the handler from whose plant the the Wichita Milk Producers Association and currently used for any or all the milk was diverted reports such milk as and the Central Kansas Cooperative functions of receiving, weighing (or a receipt and a transfer, accounts to the Creamery Association. measuring), sampling, cooling, pasteur pool for it, and pays the producer. The briefs contained statements of izing or other preparation of milk for The present language of the order per fact, proposed findings and conclusions, sale or disposition as milk or cream for mits the diverting handler to include and arguments with respect to the pro fluid consumption in the marketing area. such milk as receipts in computing the visions of the proposed amendments. maximum Class III plant loss, and does Every point covered in the briefs was § 968.8 Pool plant. “Pool plant” not permit the handler who actually carefully considered along with the evi means any approved plant other than handles the milk any credit for-plant dence in the record in making the find that of a producer-handler, (a) during loss on such milk. Flexibility in the ings and reaching the conclusions here any delivery period of January, Febru diversion of milk between handlers will inbefore set forth. To the extent that ary, July, August, September, October, be facilitated if in such cases handlers the findings and conclusions proposed in November, or December within which to whom the milk is diverted receive the briefs are inconsistent with the find such plant disposes of as Class I or Class credit for its receipt in computing the ings and conclusions contained herein, II milk in the marketing area, an amount maximum plant loss allowahce. the request to make such findings or to of milk equal to 15 percent or more of 5. Other minor changes, largely of an rèach such conclusions is denied on the such plant’s receipts of milk from ap administrative nature, should be made basis of the facts found and stated in proved dairy farmers, and (b) during in the order for purposes of clarification connection with the conclusions in this each of the delivery periods of March,. and the entire order should be renum recommended decision. April, May, and June, if during the pre bered to conform to the codification Recommended marketing* agreement ceding delivery periods of August, Sep requirements of the Division of thè Fed and amendment to the order. The fol tember, October, and November such eral Register. lowing amendment to the order is recom plant (1) was a pool plant during each The language of the present order re mended as the detailed and appropriate such delivery period, and (2) disposed quires clarification in a number of in means by which the foregoing conclu of as Class I and Class II milk in the stances. The adoption of the pool plant marketing area a total amount of milk sions may be carried out. The recom equal to 50 percent or more of such provisions discussed above requires con mended marketing agreement is not forming changes in several sections of plant’s total receipts of milk from ap included in this decision because the proved dairy farmers during such deliv the order. Several additional definitions. regulatory provisions thereof would be are also necessary to make clear the ery periods: Provided, That an approved identical with those contained in the plant which was not an approved plant intent and scope of the order. The rec order, as amended, and as hereby pro during each of the preceding delivery ord of the hearing indicates that in re posed to be further amended. defining “producer” for this purpose an periods of August, September, October, additional definition of “producer- DEFINITIONS and November shall be an approved handler” will serve to clarify other sec § 968.1 Act. “Act” means Public Act plant during any .of the delivery periods tions of the order without substantive No. 10, 73d Congress, as amended and of March, April, May, and June within change. Minor amendments should be as rjeenacted and amended by the Agri which such plant disposes of as Class I made to clarify provisions of the base cultural Marketing Agreement Act of and Class II milk in the marketing area rating plan, to compute uniform prices 1937, as amended. an amount of milk equal to 40 percent accurately for b^se milk and excess milk, or more of such plant’s receipts of milk to name the plants used in determining § 968.2 Secretary. “Secretary” from approved dairy farmers. the Class III price in accordance with means the Secretary of Agriculture or For the purposes of this definition, the their present ownership and operation, any officer or employee of the United following shall apply: and to make more specific the market States who is authorized to exercise the (1) Milk diverted from an approved ing service provisions of the order. The powers and to perform the duties of the plant for the account of the handler entire order, as amended, should be re Secretary of Agriculture. operating such approved plant shall be considered a receipt at the approved issued and renumbered to conform to § 968.3 Wichita, Kansas, marketing the codification system now required by plant from which it was diverted; and the Division of the Federal Register. area. “Wichita, Kansas, marketing (2) Milk diverted from an approved General findings, (a) The proposed area” means all the territory within the plant to an unapproved plant for the marketing agreement and the order, as corporate limits of the city of Wichita, account of a cooperative association amended, and as hereby proposed to be Kansas, and the territory within Delano, which does not operate a plant shall be further amended, and all of the terms Kechi, Minneha, Riverside, Waco, and deemed to have been received by such and conditions thereof will tend to effec Wichita Townships and the city of East- cooperative association at a pool plant. tuate the declared policy of the act; borouigh, all in Sedgwick County, Kansas, § 968.9 Handler. “Handler” means (b) The parity prices of milk as de any person who, on his own behalf or termined pursuant to section 2 of the act §968.4 Person. “Person” means any on behalf of others, disposes of as Class are not reasonable in view of the price of Individual, partnership, corporation, as-* I or Class n milk in the marketing area feeds, available supplies of feeds and sociation, or any other business unit. all or a portion of the milk purchased other economic conditions which affect § 968.5 Approved dairy farmer, or received by him at an approved plant market supply of and demand for milk in "'Approved dairy farmer” means any per from (a) approved dairy farmers, (b) the marketing area, and the minimum son who holds a currently valid permit his own production, and (c) other han prices specified in the proposed market- issued by the Health Department of the dlers. This definition shall include a F riday, F ebruary 9, 1951 FEDERAL REGISTER 1245 cooperative association with respect to payments pursuant to §§ 968.80 through (a) Verify the receipts and disposi milk which it causes to be delivered from 968.86; and tion of all milk and milk products, and a producer to a plant from which no milk (e) Promptly, verify the information in case of errors or omissions, ascertain is disposed of as Class I milk or as Class contained in the reports submitted by the correct figures; II milk in the marketing area. handlers. (b) Weigh, sample, and test for but terfat content the milk purchased or § 968.10 Cooperative association. “Co REPORTS, RECORDS AND FACILITIES received from producers and any prod operative association” means any co § 968.30 Periodic reports. On or be uct of milk upon which classification operative association of producers which fore the 7th day after the end of each depends; and the Secretary determines (a) to have its delivery period each handler, except a (c) Verify the payments to producers entire activities under the control of its producer-handler, shall, with respect to prescribed in § 968.80. members, and (b) to have and to be exer milk or dairy products which were pur § 968.34 Retention of records. All cising full authority in the sale of milk chased, received, or produced by such of its members. • books and records required under this handler during such delivery period, re order to be made available to the market § 968.11 Producer-handler. “Pro port to the market administrator in the administrator shall be retained by the ducer-handler” means any approved detail and fQrm prescribed by the market handler for a period of three years to dairy farmer who operates an approved administrator, as follows : begin at the end of the calendar month plant, but who receives no milk from (a) The receipts at each plant of n^ilk to which such books and records pertain: other approved dairy farmers. from each producer or approved dairy farmer, the butterfat content, and the Provided. That if, within such three-year § 968.12 Delivery period. “Delivery number of days on which milk was re period, the market administrator notifies period” means the then current market ceived from each producer; the handler in writing that the retention ing period from the first to, and includ (b) The receipts of milk, cream, and of such books and records, or of specified ing, the last day of each month. books and records, is necessary in con-; milk products from handlers who pur nection with a proceeding under section § 968.13 Milk product. “Milk product” chase or receive milk from producers or 8c (15) (A) of the act or a court action means any product manufactured from approved dairy farmers and the butter- specified in such notice, the handler milk or milk ingredients except products fat content; shall retain such books and records, or which fall within the definition of Class (c) The receipts of milk, cream, and specified books and records, until further III milk pursuant to paragraph (c) of milk products from any other source and written notification from the market ad § 968.41 and which are disposed of in the butterfat content; ministrator. In either case the market the form in which received without fur (d) The respective quantities of milk administrator shall give further written ther processing or packaging by the and milk products and the butterfat con notification to the handler promptly, handler. tent which were sold, distributed or used, including sales to other handlers for the upon the termination of the litigation or § 968.14 Market administrator. “Mar purpose of classification pursuant to when the records are no longer necessary ket administrator” means the person § 968.40; and in connection therewith. designated pursuant to § 968.20 as the (e) Sueh other information with re CLASSIFICATION agency for the administration hereof. spect to the use of the milk as the § 968.40 Basis of classification. All MARKET ADMINISTRATOR market administrator may request, in cluding a separate statement of Class I milk and milk products purchased, re § 968.20 Designation. The agency for and Class II milk disposed of within the ceived or produced by each handler, the administration hereof shall be a marketing area. including milk of a producer which a market administrator who shall be a per cooperative association causes to be de son selected by the Secretary. Such § 968.31 Reports of payments. On livered to a plant from which no milk person shall be entitled to such com or before the 20th day after the end of is disposed of in the marketing area, pensation as may be determined by, and each delivery period, upon the request shall be reported by the handler in the shall be subject to removal at, the discre of the market administrator, each han classes set forth in § 968.41 subject to tion of the Secretary. dler who purchased or received milk the following conditions: from producers or approved dairy farm (a) Except as provided in paragraph § 968.21 Powers. The market admin ers shall submit to the market adminis (c) of this section, milk, skim milk, or istrator shall: trator his producer payroll for such cream moved in fluid form from an ap (a) Administer the terms and provi delivery period which shall show for each proved plant to an unapproved plant sions hereof; and producer and each approved dairy located more than 100 miles from the (b) Report to the Secretary com farmer: (a) His total deliveries of base approved plant shall be Class I if moved plaints of violation of the provisions milk and total deliveries of milk in ex in the form of milk or skim milk, and hereof. cess of base milk, (b) the average butter Class II if moved in the form of cream. § 968.22 Duties. The market admin fat content of his milk, and (c) the net (b) Except as provided in paragraph istrator shall: amount of such handler’s payments to (c) . of this section, milk, skim milk, or (a) Within 45 days following the date such producer or approved dairy farmer cream moved in fluid form from an upon which he enters upon his duties with the prices, deductions, and charges approved plant to an unapproved plant execute and deliver to the Secretary a involved. located not more than 100 miles from bond, conditioned upon the faithful per § 968.32 Reports of producer-han the approved plant and from which formance of his duties, in the amount dlers. Each producer-handler shall fluid milk and cream are distributed, and with surety thereon satisfactory to make reports to the market administra shall be Class I if moved in the form the Secretary; tor at such time and in such manner as of milk or skim milk and Class II if (b) Pay out of the funds provided by the market administrator shall require. moved in the form of cream, unless § 968.88 the cost of his bond, his own the purchaser certifies that the market compensation, and all other expenses § 968.33 Verification of reports and administratpr may verify his records. If necessarily incurred by him in the main payments. The market administrator the market administrator is permitted tenance and functioning of his office; shall verify all reports and payments of to verify the necessary records such milk, (c) Keep such books and records as each handler by audit of such handler’s skim milk, or cream, shall be classified will clearly refiect the transactions pro records and of the records of any other as follows: (1) determine the classifica vided for herein and surrender the same handler or person upon whose disposition tion of all milk received in the unap to his successor or to such other person of milk the classification depends. Each proved plant, and (2) allocate the milk, as the Secretary may designate; handler shall keep adequate records of skim milk, or cream received from the (d) Publicly disclose to handlers and receipts and utilization of milk and milk approved plant to the highest use clas producers, unless otherwise directed by sification remaining after subtracting in the Sécretary, the name of any person products and shall, during the usual hours of business, make available to the series beginning with the highest use who within 10 days after the date upon classification, the receipts of milk at which he is required to perform such market administrator or his represen- acts, has not (1) made reports pursuant tative such records and facilities as will such unapproved plant directly from to §§ 968.30 through 968.32 or (2) made enable the market administrator to: dairy farmers who the market adminis- 1246 PROPOSED RULE MAKING trator determines constitute its regular poses; the milk equivalent of butterfat pounds of butterfat in Class I milk, com source of milk for Class I and Class 11 accounted for as loss in products where puted pursuant to (c) (2) of this sec use. the salvage of fat is impossible; and the tion, the total pounds of butterfat in (c) Milk, skim milk, or cream, which milk equivalent of unaccounted for Class n milk, computed pursuant to is moved to an unapproved plant from butterfat not in excess of 3 percent of (d) (2) of this section and the total an approved plant which regularly re the total receipts of butterfat Other than pounds of butterfat computed pursuant ceives type C milk, and which is sold as receipts from other handlers: Provided, to (2) of this paragraph which resulting “type C milk for manufacturing only” That for the purpose of establishing quantity shall be allowed as plant and is so tagged or labeled, may be clas such total receipts of butterfat, butter shrinkage for the purposes of this para sified as Class III milk up to the extent fat in milk diverted directly from pro graph (but in no event shall such plant of the receipt of type C milk at the ducer’s farms to another handler shall shrinkage allowance exceed 3 percent of approved plant. be included as receipts of the handler the total receipts as specified in § 968.41 (d) Except as provided in paragraph to whom such milk was diverted, and (c) of butterfat from producers by the (a) of this section, milk, skim milk, or excluded from receipts of the diverting handler), (4) hdd together the results cream, moved from an approved plant handler. obtained in (2) and (3) of this para to an unapproved plant which does not § 968.42 Responsibility of handlers in graph, and (5) divide the results obtained distribute fluid milk or cream shall be in (4) of this paragraph by 3.8 percent. classified as Class III milk. establishing the classification of milk. (e) Milk or skim milk sold or dis In establishing the classification as re-~ § 968.44 Allocation of milk classified. posed of by a handler who purchases quired in § 968.41 of any milk received Determine the classification of milk re or receives milk from producers to by a handler from producers, the burden ceived from producers as follows: another handler shall be classified as rests upon the handler who receives the (a) Subtract from the total pounds of Class I milk: Provided, That if such milk milk from producers to account for the milk in èach class the pounds of milk or skim milk, except milk or skim milk milk and to prove to the market ad which were received from other handlers sold or disposed of by such handler to a ministrator that such milk should not and used in each class. producer-handler, is reported by the re be classified as Class I milk. (b) Subtract from the remaining ceiving handler or by the disposing han § 968.43 Computation o f milk in each pounds of milk in each class the pounds dler as having been utilized as Class II class. For each delivery period each of milk which were received from sources milk or Class III milk, it shall be classi handler shall compute, in the manner other than producers, and other han fied accordingly but in no event shall and on forms prescribed by the market dlers in series beginning with thex lowest the amount classified in any class exceed administrator, the amount of milk in class. . the total use in such class by the receiv each class as defined in § 968.41 as fol § 968.45 Reconciliation of utilization ing handler. lows: of milk by classes with receipts of milk (f) Cream sold or disposed of as fluid (a) Determine the total pounds of from producers. In the event of a dif cream by a handler who purchases or milk received as follows: add together ference between the total quantity of receives milk from producers to another total pounds of milk received at approved milk used in the several classes as com handler shall be classified as Class II plants from (1) producers, (2) other puted pursuant to § 968.44 and the quan milk: Provided, That if such cream, ex handlers, and (3) other sources. tity of milk received from produce^ ex cept cream sold or disposed of by such (b) Determine the total pounds Of cept for excess milk or milk equivalent handler to a producer-handler, is re butterfat received as follows: (1) multi of butterfat pursuant to § 968.62, such ported by the receiving handler or by ply by its average butterfat test the difference shall be reconciled as follows; the disposing handler as having been weight of the milk received at approved (a) If the total utilization of milk in utilized as Class III milk, such cream plants from (i) producers, (ii) other the various classes for any handler, as shall be classified accordingly but in no handlers, and (iii) other sources, and computed pursuant to § 968.44, is less event shall the amount classified in any (2) add together the resulting amounts. than the receipts of milk from produc class exceed the total use in such class (c) Determine the total pounds of ers, the market administrator shall by the receiving handler. milk in Class I as follows: (1) convert to increase the total pounds of milk in Class (g) Milk, skim milk, or cream sold or pounds the quantity of Class I. milk on III for such handler by an amount equal disposed of by a producer-handler to. the basis of 2.15 pounds per quart, and to the difference between the receipts another handler who receives, milk from* subtract the weight of any flavoring ma of milk from producers and the total producers shall be classified in the low terials included, (2) multiply the result utilization of milk by classes for such est use classification of the purchasing by the average butterfat test of such handler. handler. milk, and (3) if the quantity of butterfat so computed when added to the pounds (b) If the total utilization of milk in § 968.41 Classes of utilization. Sub of butterfat in Class n milk and Class the various classes for any handler, as ject to the conditions set forth in § 968.40 III milk, computed pursuant to para computed pursuant to § 968.44, is greater the classes of utilization shall be as graphs (a) (2) and (e) (4) of this para than the receipts of milk from producers, follows: graph is less than the total pounds of the market administrator shall decrease (a) Class I milk shall be all milk and butterfat received computed in accord the total pounds of milk in Class III for skim milk disposed of for consumption ance with paragraph (b) of this section, such handler by an amount equal to the as milk, skim milk, buttermilk, flavored an amount equal to the difference shall difference between the recipts from pro milk and milk drinks, and all milk not be divided by 3.8 percent and added to ducers and the total utilization of milk classified as Class n milk or Class i n the quantity of milk determined pursu by classes for such handler. pursuant to paragraphs (b) and (c) of ant to subparagraph (1) of this para MINIMUM PRICES this section. graph. (b) Class II milk* shall be all milk (d) Determine the total pounds of § 968.50 Class prices. Each handler used to produce cream which is disposed milk in Class II as follows: (1) Multiply shall pay at the time and in the manner, of in the form of cream (other than the actual weight of each of the several hereinafter set forth not less than the for use in products specified in para products of Class II milk by its average following prices per hundredweight of graph (c) of this section), cottage butterfat test, (2) add together the re milk received during each delivery pe cheese, products sold or disposed of in sulting amounts, and (3) divide the riod from producers: the form of cream testing less than 18 result obtained in (2) of this paragraph (a) Class I milk. The price per hun percent butterfat, aerated cream, and by 3.8 percent. dredweight shall be the price determined eggnog. (e) Determine the total pounds of pursuant to § 968.51 plus $1.00 during the (c) Class m milk shall be all milk, milk in Class i n as follows: (1) multi months of April, May, and June of each used to produce butter, cheese (other ply the actual weight of each of the year, and plus $1.45 during the remain than cottage cheese), evaporated milk, several products of Class i n by its ing months of each year. condensed milk, ice cream, ice cream mix average butterfat test, (2) add together (b) Class II milk. The price per hun and powdered milk; disposed of as live the resulting amounts, (3) subtract from dredweight shall be the price determined stock feed; used for starter churning, the total pounds of butterfat computed pursuant to § 968.51 plus 75 cents during wholesale baking and candy making pur- pursuant to (b) of this section the total • the months of April, May, and June of F riday, F ebruary 9, 1951 FEDERAL REGISTER 1247 each year and plus $1.20 during the re form this price reporting function) for the handler pursuant to § 968.70, shall maining months of each year. the Chicago area during the immediately add an amount equal to the difference (c) Class III milk. The price per preceding delivery period, including in between (a) the value of such milk or the hundredweight shall be the average of such average the quotations published milk equivalent of such butterfat accord the prices paid during each delivery pe for any fractional part of the previous ing to its utilization by the handler and riod for ungraded milk containing 3.8 delivery period which were not published (b) the value at the Class III price. percent butterfat at the following plants and available for the price determination The provisions of this section shall not now operated by the listed companies: of such nonfat dry milk solids for the apply if the handler can prove to the at Wichita, Kansas, by the DeCoursey previous delivery period. In the event market administrator that such milk Cream Company; at Blackwell, Okla the United States Department of Agri or butterfat was used only to the ex homa, by Wilson and Company; and at culture (or such other Federal agency tent that milk of producers was not Arkansas City, Kansas, by the Arkansas as may be authorized to .perform this available, either directly from producers City Cooperative Milk Association, but price reporting function) does not pub or at the plant of another handler at in no event shall the price be less than lish carlot prices for nonfat dry milk the class prices provided pursuant to that paid at the plant at Wichita, Kan solids for human consumption, f. o. b. § 968.50 (a) and (b). sas, operated by the DeCoursey Cream manufacturing plants, the average of the § 968.62 Excess milk. If a handler, Company, carlot prices for nonfat dry milk solids after subtracting receipts from other for human consumption, delivered at § 968.51 Basic formula price to be handlers, and receipts from sources de Chicago, shall be used. In the latter termined as other than producers, or used in determining Class I and Class II event, such price shall be subject to the prices. The basic formula price to be other handlers, has disposed of milk or following adjustments: (1) add 3V2 butterfat in excess of the milk or butter used in determining the Class I and cents per hundredweight for each full Class II prices set forth in § 968.50 shall fat which, on the basis of his reports, one-half cent that the price of nonfat has been credited to his producers as be the average of the basic or field prices dry milk solids for human consumption, ascertained to have been paid for milk having been delivered by them, the delivered at Chicago, is above l l/2 cents market administrator, in determining of 3.5 percent butterfat content received per pound, or (2) subtract 3x/2 per during the immediately preceding deliv the net pool obligation of the handler, cents per hundredweight for each full pursuant to § 968.70, shall add an amount ery period at the following places for one-half cent that such price of non which prices are reported to the market equal to the value of such milk or butter fat dry milk solids is below IVz cents fat according to its utilization by the administra tor by the listed companies per pound. or by the United States Department of handler. Agriculture (or by such other Federal § 968.52 Emergency provisions, (a) § 968.63 Handler operating an ap agency as may be authorized to perform Whenever the provisions hereof require proved plant which is not a pool plant. this price reporting function) ; the market administrator to use a spe Each handler who operates an approved Companies and Location cific price (or prices) for milk or any milk plant which is not a pool plant during product for the purpose of determining a delivery period, shall in lieu of the Borden Co., Mount Pleasant, Mich. class prices or for any other purpose, the payments required pursuant to §§ 968.80 Carnation Co., Sparta, Mich. market administrator shall add to the through 968.85, pay to the market admin Pet Milk Co., Hudson, Mich. specified price the amount of any sub Pet Milk Co., Wayland, Mich. istrator, for the producer-settlement Pet Milk Co., Coopersville, Mich. sidy or other similar payments being fund, on or before the 25th day after the Borden Co., Greenville, Wis. made in connection with the milk or end of such delivery period, the amount Borden Co., Black Creek, Wis. product associated with the price speci resulting from the computations of Borden Co., Orfordville, Wis. fied: Provided, That if for any reason either paragraph (a) or paragraph (b) Carnation Co., Chilton, Wis. the price specified is not reported or of this section, whichever is less. Carnation Co., Berlin, Wis. published as indicated, the market ad (a) The sum of (1) the product of the Carnation Co., Richland Center, Wis. ministrator shall use the applicable quantity of milk received by such han Carnation Co., Oconomowoc, Wis. maximum uniform price established by Carnation Co., Jefferson, Wis. dler which was disposed of in the mar Pet Milk Co., New Glarus, Wis. regulations of any Federal agency plus keting area as Class I milk during the Pet Milk Co., Belleville, Wis. the amount of any such subsidy or other delivery period multiplied by the differ *. Borden Co., New London, Wis. similar payment: Provided further, That ence between the price for Class I milk White House Milk Co., Manitowoc, Wis. if the specified price is not reported or pursuant to § 968.50 (a) and the price for White House Milk Co., West Bend, Wis. published and the Secretary determines Class III milk pursuant to § 968.50 (c), divided by 3.5 and mutiplied by 3.8 but that the market price is below the ap and (2) the product of the quantity of in no event shall such basic price be less plicable maximum uniform price, the milk received by such handler which was than the following: multiply by 3.8 the market administrator shall use a price disposed of in the marketing areas as average price per pound of 92-score but determined by the Secretary to be equiv Class II milk during the delivery period ter at wholesale in the Chicago market, alent to or comparable with the price multiplied by the difference between the as reported by the United States Depart specified. price for Class II milk pursuant to ment of Agriculture (or such other Fed (b) Whenever the Secretary finds and § 968.50 (b) and the price for Class III eral agency as may be authorized to per announces that the Class I and Class II milk pursuant to § 968.50 (c). form this price reporting function) for prices computed for any delivery period (b) Any plus amount resulting from the immediately preceding delivery pursuant to § 968.50 áre not in the pub the following computation: period, and add 20 percent; Provided, lic interest, the Class I and Class II (1) To an amount equqal to the net ¿That such price shall be subject to the prices for such delivery period shall be pool obligation which would be computed following adjustments: (a) add 3 ^ cents the same as the Class I and Class II pursuant to § 968.70 for such handler for per hundredweight for each full one- prices for the previous delivery period. such delivery period if such handler op half cent that the price of nonfat dry APPLICATION OF PROVISIONS erated a pool plant, add for each one- milk solids for human consumption is tenth percent by which the average above 5% cents per pound or (b) sub § 968.60 Producer-handlers. Sec butterfat content of milk received from tract 3V2 cents per hundredweight for tions 968.40 through 968.45, 968.50 approved dairy farmers by such handler each full one-half cent that the price of through 968.52, 968.61 through 968.63, is greater than 3.8 percent, or subtract isuch nonfat dry milk solids is below 968.70, 968.71, 968.80 through 968.88, for each one-tenth percent that such JJVfe cents per pound. For purposes of shall not apply to a producer-handler. average butterfat content is less than 3.8 Determining this adjustment, the price § 968.61 Other source milk. If a percent, an amount computed by multi pf nbnf at dry milk solids to be used shall handler has purchased or received milk plying the butterfat differential com be the average of carlot prices for nonfat or butterfat from a producer-handler, or puted pursuant to § 968.82 by the total Ôry milk solids for human consumption, from sources other than from producers hundredweight of such milk; and *• o. b. manufacturing plant, as pub or other handlers, and has sold or dis (2) Deduct the gross payments made lished by the United States Department posed of such milk for other than Class by such handler to approved dairy farm Of Agriculture (or such other Federal III purposes, the market administrator, ers for milk received during such delivery agency as may be authorized to per-. in determining the net pool obligation of period. No. 28------4 1248 PROPOSED RULE MAKING

DETERMINATION OF UNIFORM PRICE TO (a) To each producer, except as set ing together the resulting amounts, and PRODUCERS forth in paragraph (c) of this section, shall enter such amount on each han § 968.70 Net pool obligations of han not less than the uniform price per dler’s account as such handler’s pool dlers. The net pool obligation of each hundredweight computed pursuant to debit or credit, as the case may be, and handler for milk received from producers § 968.71 (g) for that quantity of milk render such handler a transcript of his during each delivery period shall be a received from such producer not in ex account. sum of money computed for such de cess of such producer’s base; (b) To each producer, except as set § 968.84 Payments to the producer- livery period by the market administra settlement fund. On or before the 12th tor as follows: Multiply the pounds of forth in paragraph (c) of this section, not less than the excess price, computed day after the end of each delivery period, milk in each class computed pursuant to each handler shall pay to the market § 968.44 by the class price pursuant to pursuant to § 968.71 (d), for that quan tity of milk received from such producer administrator for payment to producers § 968.50, add together the resulting through the producer-settlement fund, values, and add the value of any pay in excess of such producer’s base; and (c) To a cooperative association for the amount by which the net pool obli ments required to be made pursuant to gation of such handler including the §§ 968.61 and 968.62. milk which it caused to be delivered to a handler from producers and for which payments required to be made pursuant § 968.71 Computation and announce such cooperative association collects to §§ 968.61 and 968.62 is greater than ment of uniform prices. For each de payments, a total amount equal to not the sum required to be paid producers by livery period the market administrator less than the sum of the individual pay such handler pursuant to §§ 968.80 and shall compute and announce-the uniform ments otherwise payable to such pro S68.81. prices per hundredweight for base milk ducers under paragraphs (a) and (b) of § 968.85 Payments out of the pro and excess milk as follows: this section. ducer-settlement fund, (a) On or be (a) Combine into one total the net § 968.81 Half delivery period pay fore the 12th day after the end of each pool obligations of all handlers computed ments. On or before the 27th day of delivery period, the market administra pursuant to § 968.70 who made the re each delivery period, each handler shall tor shall pay to each handler for payment ports prescribed by § 968.30 for such make payment to each producer for the to producers the amount by which the delivery period and who made the pay approximate value of the milk of such sum required to be paid producers by ments prescribed by § § 968.80 and 968.84 such handler pursuant to §§ 968.80 and for the preceding delivery period; producer which, during the first 15 days of such delivery period, was received by 968.81 is greater than the net pool obli (b) Add an amount equal to one-half such handler. gation of such handler, including the of the cash balance in the producer-set payments required to be made pursuant tlement fund less the amount due han § 968.82 Butterfat differential. If, to §§ 968.61 and 968.62. dlers pursuant to § 968.86; during the delivery period, any handler (b) If the balance in the producer- (c) Compute the total value of the has purchased or received from any pro settlement fund is insufficient to make milk included in these computations ducer milk having an average butter all payments pursuant to this paragraph, which is in excess of the delivered base fat content other than 3.8 percent, such the market administrator shall reduce of producers by assigning such milk first handler in making the payments pre uniformly such payments and shall com to Class i n milk and then to each suc scribed in § 968.80 shall add to the prices plete such payments as soon as the nee* ceeding higher classification until all per hundredweight for such producers essary funds are available. No handler such milk has been classified, and then for each one-tenth of 1 percent of av who, on the 12th day after the end of multiplying the total pounds of excess erage butterfat content in milk above the delivery period, has not received the milk assigned to each class by the appro 3.8 percent not less than, or shall sub balance of such reduced payment from priate class price and adding together tract from such prices for such producer the market administrator, shall be the resulting amounts; for each one-tenth of 1 percent of aver deemed to be in violation of § 968.80 if (d) Divide the total value of excess age butterfat content in milk below 3.8 he reduces his payments to producers by milk obtained in paragraph (c) of this percent not more than, an amount com not more than the amount of the reduc section by the total hundredweight of puted as follows: to the average price tion in payment from the producer-set such milk and round to the nearest cent. of 92-score butter at wholesale in the tlement fund. This result shall be known as the uni Chicago market as reported by the form price for excess milk of 3.8 percent United States Department of Agricul § 968.86 Adjustment of errors in pay butterfat; ture (or such other Federal agency as ments. Whenever verification by the (e) Subtract the value of excess milk may hereafter be authorized to perform market administrator of reports or pay obtained in paragraph (c) of this section this price reporting function) for the ments of any handler discloses errors in from the value of all milk obtained in delivery period during which such milk payments to the producer-settlement paragraph (a) of this section and adjust was received, add 20 percent and divide fund made pursuant to § 968.84, the mar by any amount involved in rounding the the resulting sum by 10. ket administrator shall promptly bill uniform price for excess milk to the such handler for any unpaid amount nearest cent; § 968.83 Producer-settlement fund. and such handler shall, within 5 days (f) Divide the result obtained in par The market administrator shall estab of such billing, make payment to the agraph (e) of this section by the total lish and maintain a separate fund known market administrator of the amount so hundredweight of milk represented by as the “producer-settlement fund” into billed. Whenever verification discloses the delivered bases of producers. which he shall deposit all paymehts that payment is due from the market (g) Subtract not less than 4 cents nor made by handlers pursuant to §§ 968.84, administrator to any handler pursuant more than -6 cents; the result shall be 968.86 and. 968.63, and out of which he to § 968.85, the market administrator known as the uniform price per hun shall make all payments to handlers pur shall, within 5 days make payment to dredweight for such delivery period for suant to §§ 968.85 and 968.86: Provided, such handler. Whenever verification base milk of producers containing 3.8 That the market administrator shall off by the market administrator of the pay percent butterfat. set any such payment due to any handler ment by a handler to any producer dis against payments due from such han closes payment to such producer of an PAYMENTS dler. Immediately after computing the amount which is less than is required § 968.80 Time and method of pay uniform price for each delivery period, by this section, the handler shall make ment. On or before the 12th day after the market administrator shall compute up such payment to the producer not the end of each delivery period each the amount by which each handler’s net later than the time of making payment handler shall make payment, after de pool obligation, including the payments to producers next following, the dis to producers which are required to be closure. ducting the amount of the payment made pursuant to §§ 968.61 and 968.62, made pursuant to § 968.81, subject to the is greater or less than the sum obtained § 968.87 Marketing services.—(a) De butterfat differential set forth in § 968.82 by multiplying the hundredweight of ductions from marketing services. Ex for milk purchased or received from pro milk of producers by the appropriate cept as set forth in paragraph (b) of ducers by such handler during each de prices required to be paid producers by this section, each handler shall deduct livery. period as follows: handlers pursuant to § 968.80 and add 4 cents per hundredweight, or such Friday, February 9, 1951 FEDERAL REGISTER 1249 lesser amount as the Secretary may pre (b) If a handler fails or refuses, with January 1 after he shall have established scribe, from the payments made to each respect to any obligation under this or a base pursuant to paragraph (a) of this producer other than himself pursuant der, to make available to the market section, the market administrator shall to § 968.80 (a) and (b) with respect to administrator or his representative all multiply such producer’s daily average all milk of such producer purchased or books and records required by this order deliveries of milk during such period by received by such handler during the de to be made available, the market ad the percentage that total base deliveries livery period and shall pay such deduc ministrator may, within the two-year pe are to total deliveries of all producers. tions to the market administrator on riod provided for in paragraph (a) of (c) In case of a handler who is also or before the 12th day after the end of this section, notify the handler in writ a producer and who disposes of all of such delivery period. Such moneys shall ing of such failure or refusal. If the his delivery routes to another handler be used by the market, administrator to market administrator so notifies a han who is not a producer, the market ad verify weights, samples and tests of milk dler, the said two-year period with re ministrator shall determine the daily received from, and to provide market spect to such obligation shall not begin average of the total sales of Class I milk information to such producers. The to run until the first day of the calendar and Class H milk by such producer dur market administrator may contract with month following the month during ing the preceding three months. The a cooperative association or cooperative which all such books and records per figures so determined shall be such pro associations for the furnishing of the taining to such obligation are made ducer’s base until his base may be es whole or any part of such services. available to the market administrator or tablished pursuant to paragraph (a) of (b) Deductions with respect to mem his representatives. this section. bers of a cooperative association. In (c) Notwithstanding the provisions of § 968.92 Base rules, (a) Any pro the case of producers for whom a co paragraphs (a) and (b) of this section, ducer who ceases to deliver milk to a operative association which the Secre a handler’s obligation under this order handler for a period of more than 30 tary determines to be qualified under the to pay money shall not be terminated consecutive days shall forfeit his base. provisions of the Act of Congress of Feb with respect to any transaction involving In the event such producer thereafter ruary 18, 1922, as amended, known as fraud or willful concealment of a fact, commences to deliver milk to a handler the “Capper-Volstead Act,” is actually material to the obligation, on the part of he shall be allotted a daily base com performing, as determined by the Secre the handler against whom the obliga puted in the manner provided in § 968.91. tary, the services set forth in (a) of this tion is sought to be imposed. (b) A landlord who rents on a share section, each handler shall make the de (d) Any obligation on the part of the basis shall be entitled to the entire daily ductions from the payments to be made market administrator to pay a handler base to the exclusion of the tenant if the directly to producers pursuant to § 968.80 any money which such handler claims to landlord owns the entire herd. A tenant (a) and (b) which are authorized by be due him under the terms of this order who rents on a share basis shall be en such producers, and, on or before the shall terminate two years after the,end titled to the entire daily base to the ex 12th day after the end of each delivery of the calendar month during which the clusion of the landlord if the tenant period, pay over such deductions to the milk involved in the claim was received owns the entire herd. If the cattle are association of which such producers are if an underpayment is claimed, or two jointly owned by the tenant and land members. years after the end of the calendar lord, the daily base shall be divided be § 968.88 Expense of administration. month during which the payment (in tween the joint owners according to As his pro rata share of the expense of cluding deduction or set-off by the mar ownership of the cattle when such share the administration hereof, each handler ket administrator) was made by the basis is terminated. who purchased or received milk from handler if a refund on such payment is (c) A producer, whether landlord or producers, with respect to all milk re claimed, unless such handler, within the tenant, may retain his base when mov ceived from approved dairy farmers dur applicable period of time, files, pursuant ing his entire herd of cows from one ing the delivery period, shall pay to the to section 8c (15) (A) of the act, a peti farm to another: Provided, That at the market administrator, on or before the tion claiming such money. beginning of a tenant and landlord re 10th day after the end of such delivery BASE RATING lationship the base of each landlord and period, an amount not exceeding 4 cents tenant may be combined and may be per hundredweight, which amount shall § 968.90 Determination of period base. divided when such relationship is be determined by the market adminis For each delivery period the base of each terminated. trator subject to review by the Secretary. producer shall be a quantity of milk cal (d) Base may be transferred only un culated by the market administrator in der the following conditions: (1) incase § 968.89 Termination of obligation. the following manner: Multiply the ap of the death of a producer, his base may The provisions of this section shall apply plicable figure computed pursuant to be transferred to a surviving member or to any obligation under this order for § 968.91 by the number of days during members of his family who carry on the the payment of money. such delivery period on which milk was dairy operations, and (2) on the retire (a) The obligation of any handler to received from such producer. ment of a producer, his base may be pay money required to be paid under the § 968.91 Determination of daily base. transferred to an immediate member of terms of this order shall, except as pro (a) Effective January 1, 1948, and for his family who carries on the dairy vided in paragraphs (b) and (c) of this each subsequent year thereafter the daily operations. section, terminate two years after the base of each producer, who regularly de (e) The base of two producers may be last day of the calendar month during combined in the case of forming a part which the market administrator receives livered milk to a handler during the next previous delivery periods of August, Sep nership, or may be divided in the case of the handler’s utilization report on the tember, October, and November shall be the dissolution of a partnership. milk involved in such obligation, unless (f) For the purposes of this section within such two-year period the market computed by the market administrator In the following manner: Determine for only, the term “producer” shall include administrator notifies the handler in any person who has been a producer as writing that such money is due and pay each such producer his average daily de livery of milk to a handler for the time defined in § 968.6 but whom the Wichita able. Service of such notice shall con Board of Health has suspended tem tain but need not be limited to, the he delivered during the period from the next previous August 1 to November 30. porarily for failure to produce milk in following information: conformity with the applicable health (1) The amount of the obligation; (b) The daily base of each producer who did not regularly deliver milk to a regulations of the city of Wichita, (2) The month (s) during which the Kansas. hulk, with respect to which the obliga handler during the next previous deliv tion exists, was received or handled; and ery periods of August, September, Oc EFFECTIVE TIME, SUSPENSION, OR (3) If the obligation is paiable to one tober, and November but who began TERMINATION Or more producers or to an association of deliveries of milk to a handler subse § 968.100 Effective time. The pro producers, the name of such producer (s) quent to August 31 shall be computed visions hereof, or any amendment hereto, or association of producers, or if the by the market administrator in the fol shall become effective at such time as the obligation is payable to the market ad lowing manner: For each delivery period Secretary may declare and shall continue ministrator, the account for which it is from the date upon which the producer in force until suspended, or terminated, to be paid. first delivers milk to a handler until pursuant to (b) of this section. 1250 PROPOSED RULE MAKING

§ 968.101 Suspension or termination. (b) The market administrator, or sion or under his control, together with Any or all of the provisions hereof, or any such other person as the Secretary may claims for any funds which are unpaid amendment hereto, may be suspended or designate, shall (1) continue in such ca or owing at the time of such suspension terminated as to any or all handlers-after pacity until removed, (2) from time to or termination. Any funds collected such reasonable notice as the Secretary time account for all receipts and dis pursuant to the provisions hereof, over shall give and shall, in any event, termi bursements and when so directed by the and above the amounts necessary to meet nate whenever the provisions of the act Secretary deliver all funds on hand, to outstanding obligations and the expenses cease to be in effect. gether with the books and records of the necessarily incurred by the market ad § 968.102 Continuing power and duty market administrator, or such person, to ministrator or such person in liquidating of the market administrator, (a) If, such person as the Secretary shall direct, such funds, shall be distributed to the upon the suspension or termination of and (3) if so directed by the Secretary contributing handlers and producers in any or all provisions hereof there are execute assignments or other instru an equitable manner. ments necessary or appropriate to vest any obligations arising hereunder the AGENTS final accrual or ascertainment of which in such person full title to all funds, requires further acts by any handler, by property, and claims vested in the market § 968.110 Agents. The Secretary may, administrator or such person pursuant by designation in writing, name any offi the market administrator, or by any thereto. cer or employee of the United States to other person, the power and duty to per § 968.103 Liquidation after suspension act as his agent or representative in con form such further acts shall continue nection with any of the provisions hereof. notwithstanding such suspension or ter or termination. Upon the suspension or mination: Provided, That any such acts termination of any or all provisions Filed at Washington, D. C., this 5th hereof the market administrator, or such day of February 1951. required to be performed by the market person as the Secretary may designate, administrator siiall, if the Secretary so shall, if so directed by the Secretary, [seal] J ohn I. T hom pson, directs, be performed by such other per liquidate the business of the market ad Assistant Administrator. son, persons, or agency as the Secretary ministrator’s office and dispose of all [F. R. Doc. 81-2056; Filed, Feb. 8, 1951; may designate. funds and property than in his posses 8:56 a. m.]

NOTICES

POST OFFICE DEPARTMENT of Illinois, Indiana, Ohio, Michigan, Minnesota and Wisconsin. Staple T emporary M ail S ervice R estrictions No restrictions apply to mail for local delivery (including rural routes, star l\i" and On February 7, 1951, under authority W' longer of R. S. 161, 396, 3974, secs. 304, 309, 42 routes and highway post offices), to air Grade mail or air parcel post, or to mails origi Stat. 24, 25; 5 U. S. C. 22, 369, 39 U. S. C. N. N. N. 492, Order No. 45275, reading as follows, nating at or destined for delivery at Ariz. Mex. Ariz. Ariz. nearby points on local lines between and and Mex. and Mex. was issued by the Postmaster General: Calif. and and and which it is known that no interference Texas Calif. Texas Calif. Texas In view of partial restorations of train with transportation exists. service the order of February 3, 1951, is 1...... 101.55 101.95 104.90 105.30 106.05 106.45 superseded by this order which is ef The foregoing supersedes Order No. W -~ — 100.45 100.85 103.80 104.20 104.90 105.30 45233 of the Postmaster General, dated 2."__ ___ 08.20 98.80 101.55 101.95 103.80 104.20 fective immediately. 2 J4------93.75 94.15 98.20 98.60 100.45 100.85 Restricted categories of mail will con February 1, 1951, and Order No. 45254 3 89.25...... 89.65 94.85 .. 95.25 97.10 97.50 of the Postmaster General, dated Febru ZH— 83.65 84.05 88.15 88.55 91.50 91.90 sist of second-class (except daily news ary 3, 1951, (16 FR 1091) . 4 78.10...... 78.50 80.30 80.70 83.65 84.05 papers), all third- and fourth-class 4H ... - 72.50 72.90 74.75 75.15 75.85 76.25 6...... 66.90 67.30 69.15 69.55 matter, and matter of the first-class ex [ seal] j . M. D onaldson, 71.35 71.75 ceeding eight ounces in weight. Restric Postmaster General. The foregoing levels represent cents per pound net tions will not apply to medicine, drugs, [P. R. Doc. 61-2126; Filed, Feb. 8, 1951; weight. serums, laboratory specimens, artificial 12:07 p. m.] limbs, dentures, eyeglasses, surgical in Done at Washington, D. C., this 5th struments, surgical dressings, or to day of February 1951. money shipments by banks. DEPARTMENT OF AGRICULTURE The post office at Saint Louis, Mis [seal] Charles F. B rannan, souri, and adjoining offices and post of Commodity Credit Corporation Secretary of Agriculture. [F. R. Doc. 51-2018; Filed, Feb. 8, 1951; fices located in the States of Illinois, American-E gyptian Cotton Indiana, Ohio and Michigan (except the 8:47 a. m.] northern peninsula) will not accept mail determination of required level of of the restricted categories excepting PRICE SUPPORT FOR 1951- crop amsax and that no restrictions apply to mail for PIMA 32 COTTON DEPARTMENT OF LABOR local delivery (including rural routes, Pursuant to the authority contained Wage and Hour Division star routes and highway post offices). In section 402 of the Agricultural Act of Post offices located in states west of 1949 (7 U. S. C. Sup. 1422), following a Learner Employment Certificates the Mississippi River and in the States public hearing of which reasonable no NOTICE OF ISSUANCE TO VARIOUS INDUSTRIES of Wisconsin and Minnesota and the tice had been given (16 F. R. 554), and northern peninsula of Michigan will not based upon information adduced at such Notice is hereby given that pursuant accept matter of the restricted cate hearing and other information available to section 14 of the Fair Labor Standards gories addressed for delivery within any to me, I hereby determine that, in order Act of 1938, as amended (52 Stat. 1068, state located east of the Mississippi to increase the domestic production of as amended; 29 U. S. C. and Supp. 214), River or the city of Saint Louis. Amsak and Pima 32 cotton in the in and Part 522 issued thereunder (29 CFR Post offices located in States east of terest of national security, it is necessary Part 522) special certificates authorizing the Mississippi River will not accept the employment of learners at hourly to support the 1951-crop of Amsak and wage rates lower than the m inim um matter of the restricted categories ad Pima 32 cotton at the following levels wage rate applicable under section 6 of dressed for delivery in any State west which exceed 90 percent of the parity the act have been issued to the firms of the Mississippi River or in the States price: listed below. The employment of learn- F riday, F ebruary 9, 1951 FEDERAL REGISTER 1251 ers under these certificates is limited to Maytown Manufacturing Co., Maytown, Pa., Trouser Corp. of America, 284 Main Street, the terms and conditions therein con effective 1-25-51 to l-24r-52; five learners Dupont, Pa., effective 1-26-51 to 1-25-52; normal labor turnover (ladies’ nightwear). five learners normal labor turnover (men’s tained and is subject to the provisions Mysie Sportswear Inc., 314 North Thir and boys’ trousers). of Part 522. The effective and expira teenth Street, Philadelphia 7, Pa., effective Trouser Corp. of America, 201 Chestnut tion dates» occupations, wage rates, num 1-25-51 to 1-24-52; for normal labor turn Street, Dunmore, Pa., effective 1-26-51 to ber or proportion of learners, and learn over, 10 percent or 10 learners, whichever is 1-25-52; for normal labor turnover, 10 per ing period for certificates issued under greater (cotton outer garments). cent or 10 learners, whichever is greater the general learner regulations (§§ 522.1 Partridge Textiles, Inc., 283 West Pine (men’s and boys’ trousers), to 522.14) are as indicated below; con Street, Mount Airy, N. C., effective 1-24-51 to Valoray, Inc., 8502 San Fernando Road, 1-23-52; five learners normal labor turnover Sun Valley, Calif., effective 2-1-51 to 1-31— ditions provided in certificates issued (children’s cotton woven underwear). 52; 10 learners normal labor turnover under special industry regulations are as Peerless Shirt & Overhall Manufacturing (blouses). established in those regulations. Co., 253 South Main Street, Wilkes-Barre, Pa., Westway Sportswear, Inc., Plano, Tex., ef Single Pants, Shirts and Allied Gar effective 1-25—51 to 1-24-52; 10 learners fective 1-26-51 to 1-25-52; 10 percent normal ments, Women’s Apparel, Sportswear normal labor turnover (dungarees, pants, labor turnover (ladies’ dresses). and Other Odd Outerwear, Rainwear, longies). Westway Sportswear, Inc., Decatur, Tex., Robes and Leather and Sheep-Lined Pittston Apparel Co., Inc., East and Tomp effective 1-26-51 to 1-25-52; five learners Garments Divisions of the Apparel In kins Streets, Pittston, I*a., effective 1-25-51 normal labor turnover (children’s dresses). to 1-24-52; for normal labor turnover, 56 Westway Sportswear, Inc., Cleburne, Tex., dustry Learner Regulations (29 CFR additional learners for expansion purposes effective 1-26-51 to 1-25-52; for normal labor 522.160 to 522.166, as amended Septem only (foundation garments). turnover, 10 percent or 10 learners, which ber 25, 1950; 15 P. R. 5701; 6326). Premier Trouser Co., 1401 South Sixteenth ever is greater (children’s dresses). Ainsbrooke, Inc., Dothan, Ala., effective Street, Philadelphia, Pa., effective 1-26-51 to Hosiery Industry Learner Regulations 1-26-51 to 12-13-51; for normal labor turn 1-25-52; five learners normal labor turnover (29 CFR 522.40 to 522.51, as revised Jan over, 10 percent of workers engaged in man (men’s trousers). ufacture of men's woven pajamas (shorts and Quaker Manufacturing Co., 19-21 St. Louis uary 25, 1950; 15 F. R. 283). pajamas). * Street, Lewisburg, Pa., effective 1-23-51 to Albany Manufacturing Co., Inc., Albany, Ashley Shirt Corp., 304 Main Street, Bran 1-22-52; 10 learners normal turnover (ladies’ Ga., effective 1-22—51 to 7-21-51; five addi ford, Conn., effective 1-23-51 to 1-22-52; for nightwear). tional learners for expansion purposes. normal labor turnover, 10 percent or 10 R. C. Manufacturing Co., 1609 Third Avenue Belding Hosiery Mills, Inc., Anaheim, Calif., learners, whichever is greater (men’s cotton North, Escanaba, Mich., effective 1-26-51 to effective 1-31-51 to 7-30-51; five learners dress shirts). 1-25-52; five learners normal labor turnover normal labor turnover. Blue Bell, Inc., North Webster, Ind., effec (foundation garments). Bland Hosiery Mills, Inc., Bland, Va„ effec tive 1-30-51 to 7-29-51; 40 learners for ex R. C. Manufacturing Co., 1608 Third Avenue tive 1-22-51 to 7-21-51; five additional learn pansion purposes (denim dungarees). North, Escanaba, Mich., effective 1-26-51 to ers for expansion purposes. Blue Bell, Inc., Nappannee, Ind., effective 7-25-51; 35 additional learners for expansion Cross Hill Hosiery Mill, Cross Hill, S. C., 1-30-51 to 7-29-51; 40 learners for expansion purposes only (foundation garments). effective 1-26-51 to 7-25-51; five learners purposes (dungarees). Rice-Stix Factory No. 20, Slater, Mo., effec normal labor turnover. Borava Sportswear Inc., Baracoo, Wis.,’ ef tive 1-24-51 to 7-23-51; 30 learners fbr ex Elizabeth City Hosiery Mills, Elizabeth fective 1-27-51 to 1-26-52; 10 learners normal pansion purposes, to be employed on men’s City, N. C., effective 1-22-51 to 7-21-51; six labor turnover (ladies’ sportswear). and boys’ sport shirts only (men’s and boys’ additional learners for normal labor turn The Buckeye Overall Co., Coldwater, Ohio, sport shirts). over. effective 1-26-51 to 1-25-52; 10 percent nor Rival Dress Co., 110 West Elaine Street, Ellisville Hosiery Mills, Inc., Ellisville, Miss., mal labor turnover (children’s pants and McAdoo, Pa., effective 1-26-51 to 1-25-52; 10 effective 1-25-51 to 7-24-51; seven additional shirts). learners normal labor turnover (ladies’ learners for expansion purposes. Dillsburg Pants Co., Dillsburg, Pa., effec dresses). Flair Hosiery Mills, Inc., Hartsville, S. C., tive 1-25-51 to, 1-24-52; five learners normal Albert Rosenblatt & Sons, Inc., Main Street, effective 1-25-51 to 7-24-51; six learners for labor turnover (men’s and boys’ trousers). Poultney, Vt., effective 1-29-51 to 1-28-52; expansion purposes. Evergreen Garment Co., Inc., Evergreen, for normal labor turnover, 10 percent or 10 Graysville Hosiery Mills, Inc., Dayton, Ala., effective 1-26-51 to 1-25-52; 10 percent learners, whichever is greater (dresses, robes, Tenn., effective 1-25-51 to 7-24-51; fifteen normal labor turnover (men’s sport and housecoats). additional learners for expansion purposes. dress shirts). Albert Rosenblatt & Sons, Inc., Cleveland Great American Knitting Mills, Inc., Puller Sportswear, 1123 Broad Street, Ful Avenue, Rutland, Vt., effective 1-29-51 to Bechtelsville, Pa., effective 1-22-51 to 7-21- lerton, Pa., effective 1-03-51 to 1-22-52; for 1-28-52; for normal labor turnover, 10 per 51; five additional learners for expansion normal labor turnover, 10 percent or 10 cent or 10 learners, whichever is greater purposes. learners, whichever is greater (blouses). (dresses, robes, and housecoats). Hansen Hosiery Mills, Inc., Chambersburg, Royal Manufacturing Co., Inc., Sanders- Gloucester Pants Co., 211 East Main Street, Pa., effective 1-24-51 to 7-23-51; 15 learners Gloucester, Mass., effective 1-26-51 to 1-25- ville, Ga., effective 1-27-51 to 7-26-51; 15 for expansion purposes. 52; 10 learners normal labor turnover additional learners for expansion purposes only (shirts and allied garments). Henflne Hosiery Mills Co., Butner, N. C., (men’s and boys’ pants). effective 1-26-51 to 7-25-51; 32 learners for J. Grinchuck Co., Braidwood, HI., effective Royal Manufacturing Co., Inc., Sanders- ville, Ga., effective 1-27-51 to 1-26-52; for expansion purposes. 1-26-51 to 1-25-52; 10 percent normal labor Hodges Knitting Mills, Milledgeville, Ga., normal labor turnover, 10 percent or 10 turnover (boys’ and students’ trousers). effective 1-25-51 to 7-24-51; five additional Hagale Garment Co., Reeds Spring, Mo., learners, whichever is greater (shirts and allied garments). learners for expansion purposes. effective 1-26-51 to 1-25-52; five learners nor Portage Hosiery Co., Portage, Wis., effective mal labor turnover (work clothes). Seneca Sportswear Manufacturing Co., Leggett and Clark Streets, Scranton, Pa., ef 1-29-51 to 7-28-51; 50 learners for expansion Husin Shirt Co., 14-16 Rose Street, Ephrata, purposes only. Pa., effective 1-29-51 to 1-28-52; for normal fective 2-1-51 to 1-31-52; 10 learners normal labor turnover (boys’ outerwear). Prim Hosiery, Inc., Chester, 111., effective labor turnover, 10 percent or 10 learners, 1-22-51 to 7-21-51; five additional learners whichever is\ greater (dress shirts, etc.). Shari Manufacturing Co., 19 New Bennett Street, Wilkes-Barre, Pa., effective 1-29-51 for expansion purposes. I. C. Isaacs & Co., Inc., Bank and Grundy to 1-28-52; five learners normal labor turnr Princeton Hosiery Mills, Inc., Princeton, Streets, Baltimore, Md., effective 1-27-51 to over (ladies’ dresses). Ky., effective 1-22-51 to 7-21-51; 23 addi 7-26-52; 18 additional learners for expansion Stitchmaster Corp., 116 Mitchell Street tional learners for expansion purposes. purposes only (breeches, pants, ski suits). SW., Atlanta, Ga., effective 2-1-51 to 1-31- Tip-Top Hosiery Mills, Inc., Asheboro, Joseph’s Manufacturing Co., Main and Sec 52; five learners normal labor turnover N. C., effective 1-22-51 to 7-21-51; 14 addi tional learners for expansion purposes. ond Street, Taylor, Tex., effective 1-26-51 to (ladies casual dresses and sportswear). Vance Hosiery Plant, Kernersville, N. C., 1-25-52; 10 learners normal labor turnover Thorntown Textile Co., Inc., Thorntown, effective 1-22-51 to 7-21-51; seven additional (boys’ and girls’ play clothes). Ind., effective 1-26-51 to 1-25-52; 10 learners learners for expansion purposes. Lerner Slone Clothing Corp., 304 East Main normal labor turnover (cotton blouses). Street, Carbondale, 111., effective 1-26-51 to Thorntown Textile Co., Inc., Thorntown, Knitted Wear Industry Learner Reg 1-25-52; for normal labor turnover, 10 per Ind., effective 1-26-51 to 7-25-51; five addi ulations (29 CFR 522.69 to 522.79, as cent or 10 learners, whichever is greater tional learners for expansion purposes only amended January 25, 1950; 15 F. R. (men’s dress trousers and slacks). (cotton blouses). 398). Martin Shirt Co., 27 East Poplar Street, Trouser Corp. of America, Meadow Ave Ainsbrooke, Inc., Dothan, Ala., effective Shenandoah, Pa., effective 1-29-51 to 1-28-52; nue and Maple Street, Scranton, Pa., effec 1-26-51 to 12-13-51; for normal labor turn 10 percent normal labor turnover (boys’ tive 1-26-51 to 1-25-52; 10 percent normal over, three learners on men’s woven shorts shirts). labor turnover (men’s and boys’ trousers). only. 1252 NOTICES

Halsen Manufacturing Co., Slatlngton, CIVIL AERONAUTICS BOARD 19 Nixon, New Brunswick, New Jersey, Pa., effective 1-25-51 to 1-24-52; four learn filed with the Commission within the ers normal labor turnover. [Docket No. 4015 et al.] Bice—Stix Factory No. 17, Houston, Miss., time provided therefor, an application effective 1-24-51 to 7-23-51; 10 learners for A ll American Airw ays, I nc.; S ervice to requesting a hearing on the Commis expansion purposes only. Asbury P ark, N. J., Case sion’s Order of November 13/1950, sus pending for a period of one year his Shoe Industry Learner Regulations NOTICE OF HEARING amateur radio operator license; ánd (29 CFR 522.250 to 522.260; 15 P. R. In the matter of a proceeding known It further appearing, that under the 6546). as the Service to Asbury Park, N. J., case. provisions of section 303 (m) (2) of the Maisak Handler Shoe Co., Inc., Senath, Notice is hereby given pursuant to the Communications Act of 1934, as Mo., effective 1-26-51 to 7-31-51; 35 learn Civil Aeronautics Act of 1938, as amended, the said licensee is entitled ers normal labor turnover. amended, particularly sections 401 and to a hearing in the matter, and that Robinson Manufacturing Co., Outer W. upon the filing of a timely written appli Main, Robinson, 111., effective 1-26-51 to 1001 of said act, that a hearing in the 12-15-51; 10 percent normal labor turnover. above-entitled proceeding is assigned to cation therefor, the Commission’s Order be held on February 19, 1951, at 10:00 of Suspension is held in abeyance until Regulations Applicable to the Em a. m., e. s. t„ in Room 4823, Department the conclusion of proceedings in the said ployment of Learners (29 CFR 522.1 to of Commerce Building, Fourteenth Street hearing: 522.14). between E Street and Constitution Ave It is'ordered, That the matter of the Bodnar Neckwear Co., Philadelphia, Pa., nue NW., Washington, D. C., before suspension of the amateur radio oper effective 1-26-51 to 1-25-52; five learners Examiner Richard A. Walsh. ator license of Albert Tone is hereby normal labor turnover (men’s neckwear). Without limiting the scope of the is designated for hearing before a Commis M. Goldenberg & Sons, Inc., Philadelphia, sues presented by the parties in this sion-Examiner at 10:00 a. m., on Febru Pa., effective 1-26-51 to 1-25-52; three proceeding, particular attention will be ary 15, 1951, at the office of the Federal learners normal labor turnover (neckwear). paid to the following matters and Communications Commission in Wash Hyde Park Clothes, Inc., Newport, Ky., ef ington, D. C., upon the following issues: fective 1-23-51 to 1-22-52; 7 percent normal questions; labor turnover (men’s clothing). (1) Whether amendment of the cer 1. To determine whether the licensee Hyde Park Clothes, Inc., Newport, Ky., tificate of All American for route No. 97 committed the violation of the Commis effective 1-23-51 to 7-22-51; 25 learners for so as to extend segment 2 of the route sion’s rules set forth in the Commission’s expansion purposes only (men’s clothing). beyond its present terminal Atlantic City, Order of Suspension. Kay Bros. Inc., Baltimore, Md., effective N. J., to the co-terminal points New 2. If the licensee committed such vio 1-26-51 to 7-25-51; five learners normal York, N. Y.-Newark, N. J., via the in lation, to determine whether the facts labor turnover (women’s felt and straw termediate point Asbury Park-Long or circumstances in connection there hats). Charles Navasky & Co., Inc., Philipsburg, Branch-Monmouth Beach, N. J., is re with would warrant any change in the Pa., effective 1-30-51 to 1-29-52; for normal quired by the public convenience and terms of the Commission’s Order of labor turnover, 7 percent of employees em necessity; Suspension. ployed on men's and boys’ clothing (men’s (2) If so, is All American Airways, It is further ordered, That copy of topcoats and overcoats). Inc., fit, willing, and able to perform this order be transmitted by Registered Sandess Manufacturing Co., Philadelphia, such transportation properly and to con Mail, Return Receipt Requested to Al Pa., effective 1-30-51 to 1-29—52; seven learn form to the provisions of the act and the bert Tone, RD No. 19 Nixon, New Bruns ers normal labor turnover (boys’ clothing). wick, New Jersey. See Gal Manufacturing Co., Johnstown, rules, regulations, and requirements of Pa,, effective 2-1-51 to 1-31-52; five learners the Board. F ederal Communications normal labor turnover (silk covered ladies Notice is further given that any person Co m m issio n, belts, pleating covered buckles). desiring to be heard in opposition to this tSEAL] T. J. S low ie, Styl-Rite Optical Manufacturing Co., Inc., proceeding must file with the Board on Secretary. Miami, Fla., effective 1-22-51 to 7-21-51; or before February 19,1951, a statement nine learners normal labor turnover (eye setting forth the issues of fact or law [F. R. Doc, 51-2030; Filed, Feb. 8, 1951; glass frames). which he desires to controvert. 8:49 a. m.] Vokay Manufacturing Co., Inc., Wilkes- Barre,. Pa., effective 2-1-51 to 1-31-52; five For further details of the service learners normal labor turnover (embroi proposed and authorization requested dery). interested parties are referred to the ap [Docket No. 9891] Wilson Awning Co., Newport News, Va., plications on file with the Civil Aero effective 1—29—51 to 7—28—51; three learners nautics Board. R adiomarine Corp. of America normal labor turnover (canvas articles). Dated at Washington, D. C., February ORDER INSTITUTING INVESTIGATION Each certificate has been issued upon 5, 1951. In the matter of Radiomarine Corpo the employer's representation that em By the Civil Aeronautics Board. ration of America, charges, classifica ployment of learners at subminimum tions, regulations and practices, for and rates is necessary in order to prevent [seal] M. C. M ulligan, in connection with Ship/Shore Radio curtailment of opportunities for employ Secretary. telephone Service via foreign coastal sta ment, and that experienced workers for [F. R. Doc. 51-2026; Filed, Feb. 8, 1951; tions; Docket No. 9891. the learner occupations are not avail 8:48 a. m.] At a session of the Federal Communi able. The certificates may be cancelled cations Commission held at its offices in in the manner provided in the regula Washington, D. C., on the 29th day of tions and as indicated in the Certificates. FEDERAL COMMUNICATIONS January 1951; * Any person aggrieved by the issuance of COMMISSION The Commission having under con any of these Certificates may seek a re sideration certain new tariff schedules view or reconsideration thereof within [Docket No. 9890] filed with it by Radiomarine Corpora fifteen days after publication of this no Albert T one tion of America, to become effective February 9, 1951, and designated as tice in the F ederal R egister pursuant ORDER DESIGNATING HEARING ON SUSPENSION to the provisions of Part 522. Radiomarine Corporation of America OF LICENSE Tariff F. C. C. No. 11; Signed at Washington, D, C., this 1st At a session of the Federal Communi It appearing, that the above-men day of February 1951. cations Commission held at its offices in tioned new tariff schedules purport to I sabel F erguson, Washington, D. C., on the 29th day of establish charges, classifications, regu Authorized Representative January 1951; lations and practices applicable to the of the Administrator. It appearing, that acting in accord “ship station” portion of telephone serv ance with the provisions of section 303 ice between maritime mobile stations [F. R. Doc. 51-2006; Filed, Feb. 8, 1951; (m) (2) of the Communications Act of licensed to Radiomarine Corporation of 8:45 a. m.] 1934, as amended, Albert Tone, RD No. America on the one hand and points on F riday, February 9, 1951 FEDERAL REGISTER 1253 land and other maritime mobile stations phone and Telegraph Company or should It appearing, that the applicant is on the other hand, via foreign coastal be paid by American Telephone and Tel legally, technically, financially and stations; egraph Company out of such through otherwise qualified to operate Station It further appearing, that such charges; KWBR as proposed but that the appli charges, classifications, regulations and (4) Whether t h e above-mentioned cation may not comply with the stand practices may be in conflict with those new tariff schedules comply with section ards of Good Engineering Practice p ar-. contained in the presently effective 203 (a) of the Communications Act of ticularly with reference to population tariff schedules issued by American Tele 1934, as amended, and § 61.73 and re residing within the 250 mv/m blanket phone and Telegraph Company applica lated sections of Part 61 of the Commis contour; ble to-same service in which schedules sion’s rules regarding the publication of It is ordered, That, pursuant to sec Radiomarine Corporation of America through charges; tion 309 (a) of the Communications Act concurs; It is further ordered, That in the event of 1934, as amended, the said applica It further appearing, that the new a decision as to the lawfulness of the tion is designated for hearing at 10:00 tariff schedules of Radiomarine Corpo charges, classifications, regulations and a. m. on March 16, 1951, at Washington, ration of America will result in a sub practices herein suspended has not been D. C., upon the following issue: stantial increase in charges to the public made during the aforesaid suspension 1. To determine whether the installa for the service to which they are appli period, and said charges, classifications, tion and operation of Station KWBR as cable; regulations and practices set forth in proposed would be in compliance with It further appearing, that the Com the above-mentioned tariff schedules go the Commission’s rules and Standards of mission is unable to determine from an into effect, Radiomarine Corporation of Good Engineering Practice Concerning examination of the above-mentioned America shall, until further order of the Standard Broadcast Stations with par tariff schedules whether the charges, Commission, keep accurate accounts of ticular reference to the population re classifications, regulations and practices all amounts charged, collected or re siding within the 250 mv/m blanket therein contained will be just and rea ceived by reason of the charges set forth contour. sonable or otherwise lawful under the in said tariff schedules, specifying by F ederal Communications provisions of the Communications Act of whom and in whose behalf such amounts Commission, 1934, as amended. are paid and shall file with the Commis [seal] T. J. S lowie, It further appearing, that, if the sion a report on or before the 10th of Secretary. above-mentioned tariff schedules were each calendar month, commencing June [F. R. Doc. 51-2032; Filed, Feb. 8, 1951; permitted to become effective on the date 10,1951, showing the amounts accounted 8:50 a. m.] specified therein, the rights and interests for as aforesaid during the previous of the public might be adversely affected calendar month; thereby; It is further ordered, That a copy of It is ordered, That, pursuant to sec this order be filed in the offices of the [Docket Nos. 9894, 9895, 9896] tions 201, 202, 204, 205 and 403 of the Commission with the tariff schedules herein suspended; that Radiomarine B ooth R adio & T elevision S tations, Inc., Communications Act of 1934, as et AL. amended, the Commission on its own Corporation of America and American motion and without formal pleading, Telephone and Telegraph Company are ORDER DESIGNATING APPLICATIONS FOR CON shall enter upon a hearing and investi hereby made parties respondent to this SOLIDATED HEARING ON STATED ISSUES gation concerning the lawfulness of the proceeding; and that a copy hereof be In re applications of Booth Radio & charges, classifications, regulations and served on each such respondent; Television Stations, Inc., Lansing, Mich practices contained in the above-men It is further ordered, That hearings igan, Docket No. 9894, File No. BP—7905; tioned new tariff schedules of the Radio be held in this proceeding at the offices John C. Pomeroy, Pontiac, Michigan, marine Corporation of America; of the Commission in Washington, D. C., Docket No. 9895; File No. BP-7811; Ade It is further ordered, That, pursuant beginning at 10 a. m. on the 12th day of laide Lillian Carrell, Flint, Michigan, to section 204 of the Communications March 1951; that Elizabeth C. Smith is assigned to préside at such hearings; Docket No. 9896, File No. BP-7840; for Act of 1934, as amended, the operation of construction permits. the above-mentioned new tariff sched and that the presiding officer shall cer tify the1 record to the Commission for At a session of the Federal Communi ules of Ra^iomarine Corporation of cations Commission held at its offices in America is hereby suspended until May decision and shall not prepare either a recommended decision or initial decision. Washington, D. C., on the 29th day of 9,1951, unless otherwise ordered by the January 1951; Commission, and that during said period F ederal Communications The Commission having under con of suspension no changes shall be made Commission, sideration (1) the above-entitled appli in said tariff schedules, unless authorized [ seal] T. J. S low ie, cations of Booth Radio and Television by special permission; Secretary. Stations, Inc., for a new standard broad It is further ordered, That pursuant to [P. R. Doc. 51-2031; Filed, Feb. 8, 1951; cast station to operate pn the frequency sections 201, 202, 204, 205 and 403 of 8:49 a. m.] 1470 kc, with 1 kilowatt power, daytime the Communications Act of 1934, as only, at Lansing, Michigan; of John C. amended, an investigation is instituted Pomeroy for a new standard broadcast into the lawfulness of the charges, clas station to operate on the frequency of sifications, regulations and practices of . [Docket No. 9893] 1460 kc, with 500 watts, daytime only, American Telephone and Telegraph at Pontiac, Michigan; and of Adelaide Company in connection with telephone S. W. W arner and E. N. W arner Lillian Carrell for a new standard broad service between ship stations and points ORDER DESIGNATING APPLICATION FOR cast station to operate on the frequency in the United States via foreign coastal HEARING ON STATED ISSUES of 1470 kc, with 1 kilowatt of power, stations; directional antenna day and night It is further ordered. That, without in In re application of S. W. Warner and (t)A-l), at Flint, Michigan; and (2) a any way limiting the scope of the inves E. N. Warner d/b as Warner Brothers petition, filed January 4, 1951, by North tigation, it shall include inquiry into the (KWBR), Oakland, California, for con Carolina Broadcasting Company, Inc., following specific matters; struction permit; Docket No. 9893, File licensee of Station WBIG, Greensboro, (1) The basis upon which the pro No. BP-7709. North Carolina, requesting that the posed new “ship station” charges were At a session of the Federal Communi above-entitled application of Adelaide determined and the justification there cations Commission held at its offices in Lillian Carrell be designated for hearing, for; Washington, D. C., on the 29th day of and that the petitioner be made a party (2) Probable effect of the proposed in January 1951; creased charges upon public demand for The Commission having under consid to the proceeding; and an opposition to the service; * eration the above-entitled application the said petition, filed January 15, 1951 (3) Whether the proposed new “ship requesting construction permit to install by Adelaide Lillian Carrell; station” charges should be collected from new transmitter and increase daytime It is ordered, That pursuant to section the customer in addition to the through power of Station KWBR, Oakland, Cali 309 (a) of the Communications Act of charges published by American Tele fornia from 1 kilowatt to 5 kilowatts; 1934, as amended, the said applications 1254 NOTICES are designated for hearing in a consoli [Docket No. 9814, 9897] 6. To determine whether the instal dated proceeding commencing at 10:00 H irsh Communication E ngineering Corp, lation and operation of the proposed a. m. on March 22, 1951 at Washington, and H awthorn B roadcasting Co. stations would be in compliance with the D. C., upon the following issues: Commission’s Rules and Standards of 1. To determine the legal, technical, ORDER DESIGNATING APPLICATIONS FOR CON Good Engineering Practice Concerning financial and other qualifications of John, SOLIDATED HEARING ON STATED ISSUES Standard Broadcast Stations. C. Pomeroy and Adelaide Lillian Carrell In re applications of Hirsch Communi 7. To determine the overlap, if any, and the technical, financial and other cation Engineering Corporation, Sparta, that will exist between the service areas qualifications of Booth Radio and Tele Illinois, Docket No. 9814, File No. BP- of the proposed station at Sparta, Illi vision Stations, Inc., and its stockhold 7803 ; Hawthorn Broadcasting Company, nois and of Stations KFVS, Cape Girar ers, officers and directors to. construct St. Louis, Missouri, Docket No. 9897, File deau, Missouri and KFMO, Flat River, and operate the proposed stations. No. BP-7934; for construction permits. Missouri, the nature and extent thereof, 2. To determine the areas and popula At a session of the Federal Communi and whether such overlap, if any, is in tions which may be expected to gain or cations Commission held at its offices in contravention of § 3.35 of the Commis lose primary service from the operation Washington, D. C., on the 29th day of sion’s rules. of the proposed stations, and the char January 1951; 8. To determine on a comparative acter of other broadcast service avail The Commission having under con basis which, if either, of the applications able to such areas and populations. sideration (1) the above-entitled appli in this consolidated proceeding should 3. To determine the type and char cations of the Hirsch Communication be granted. • ^ acter of program service proposed to be Engineering Corporation for a new It is further ordered, That the peti rendered and whether it would meet the standard broadcast station at Sparta, tion of Hawthorn Broadcasting Com requirements of the populations and Illinois; and of the Hawthorn Broadcast pany, insofar as it requests that the peti areas proposed to be served. ing Company for a new standard broad tioner’s above-entitled application be 4. To determine whether the opera cast station at St. Louis, Missouri, each designated for hearing in a consolidated tion of the proposed station at Flint, application requesting the frequency proceeding with the above-entitled ap Michigan, would involve objectionable 1230 kilocycles, with 250 watts of power, plication of Hirsch Broadcasting Corpo interference with Station WBIG, unlimited time; and (2) a petition, filed ration, is granted. Greensboro, North Carolina; and to de December 13, 1950, by the Hawthorn F ederal Communications termine whether the operation of the Broadcasting Company, requesting the Com m ission, proposed stations would involve objec Commission to designate its above-en [seal] T. J. S lowie, x tionable interference with any other titled application for hearing in a Secretary. existing broadcast stations, and, if so, consolidated proceeding with the above- [F. R. Doc. 51-2034; Filed, Feb. 8, 1951; the nature and extent thereof, the areas entitled application of Hirsch Communi 8:50 a. m.] and populations affected thereby, and cation Engineering Corporation and also the availability of other broadcast serv with an application of Cape County ice to such areas and populations. Broadcasting Co. (File No. BP-7808; [Docket No. 9587] 5. To determine whether the opera Docket No. 9815), which latter applica tion of the proposed stations would in tion was on December 22, 1950, amended P ratt B roadcasting Co. volve objectionable interference, each and removed from hearing ; ORDER DELETING ISSUE with the other two,, or with the services It is ordered, That, pursuant to sec In re application of Clem Morgan and proposed in any other pending applica tion 309 (a) of the communications act Robert E. Schmidt d/b as Pratt Broad tions for broadcast facilities, and, if so, of 1934, as amended, the said applica casting Company, Pratt, Kansas, Docket the nature and extent thereof, the areas tions are designated for hearing in a No. 9587, File No. BP-7395, for construc and populations affected thereby, and consolidated proceeding commencing at tion permit. the availability of other broadcast serv 10:00 a. m. on March 23, 1951 at Wash At a session of the Federal Communi ice to such areas and populations. ington, D. C., upon the following issues: cations Commission, held at its offices in 6. To determine whether the installa 1. To determine the legal, technical, Washington, D. C., on the 29th day of tion and operation of the proposed sta financial and other qualifications of the January 1951; tions would be in compliance with the corporate applicants, thejr officers and The Commission having under consid Commission’s Rules and Standards of stockholders, to operate the proposed eration a petition filed on December 18, Good Engineering Practice Concerning stations. 1950 by Clem Morgan and Robert E. Standard Broadcast Stations. 2. To determine the areas and popu Schmidt d/b as Pratt Broadcasting 7. To determine the overlap, if any, lations which may be expected to gain Company requesting modification of is that will exist between the service areas or lose primary service from the opera sues in the hearing on their above-en of the proposed station and of Station tion of the proposed stations, and the titled application for permit to construct WSGW, Lansing, Michigan, the nature character of other broadcast service a new standard broadcast station to op and extent thereof, and whether such available to such areas and populations. erate on frequency 1570 kilocycles, with overlap, if any, is in contravention of 3. To determine the type and charac 250 watts power, daytime only at Pratt, § 3.35 of the Commission’s rules. ter of program service proposed to be Kansas; 8. To determine on a comparative ba rendered and whether it would meet the It appearing, that the said application sis which, if any, of the applications in requirements of the populations and was designated for hearing by Commis this consolidated proceeding should be areas proposed to be served. sion order of November 14,1950 to deter granted. 4. To determine whether the operation mine among other things, the financial It is further ordered, That North Caro of the proposed stations would involve qualifications of the applicant partner lina Broadcasting Company, Inc., li objectionable interference with any ship and its partners to construct and other existing broadcast stations, and, if operate the proposed station ; and censee of Station WBIG, Greensboro, so, the nature and extent thereof, the It further appearing, that petition to North Carolina is made a party to this areas and populations affected hereby, amend the said application to show re proceeding with respect to the above- and the availability of other broadcast vised financial data and for continuance entitled application of Adelaide Lillian service to such areas and populations. of hearing was granted on December 18, Carrell only. 5. To determine whether the operation 1950, the amendment accepted and the It is further ordered, That the peti of the proposed stations would involve hearing continued to March 9, 1951 and tion of North Carolina Broadcasting objectionable interference, each with the that on the basis of said amendment, Company, Inc. (WBIG) is granted. petitioner requests deletion from the said other, or with the services proposed in order of designation of issue 1 which has F ederal Communications any other pending applications for reference to the financial qualifications Commission, broadcast facilities, and, if so, the nature of the applicant partnership and its [seal] T. J. S low ie, and extent thereof, the areas and popu partners to construct and operate the Secretary, lations affected thereby, and the avail proposed station; and JF. R. Doc. 51-2033; Filed, Feb. 8, 1951} ability of other broadcast service to such It further appearing, that on the basis 8:50 a. m.] areas and populations. of information contained in the said ap- Friday, February 9, 1951 FEDERAL REGISTER 1255 plication as amended, the applicant be involved with Station WCOC, Merid Counsel for the licensee of Station partnership and its partners are finan ian, Mississippi, and that Class ni op WTNJ, WOAX, Inc., having requested cially qualified to construct and operate eration nighttime at Blytheville, Arkan that the proceedings in the above-en the proposed station and that no opposi sas on the requested frequency may be titled docket now scheduled to be heard tion to a grant of the said request for practical; at Trenton, New Jersey, and to com modification of issues has been filed by It is ordered, That the said petition mence on the 19th day of February KVGB, Incorporated, party respondent is denied and that hearing on the said 1951, be heard in Trenton with excep to the proceeding; application shall commence at 10:00 tion of certain portions of the licensee’s It is ordered, That the said petition a. m., on March 29,1951, at Washington, case which counsel requested be heard for modification of issues is granted and D. C.; and in New York, New York at 120 Wall that issue 1 is deleted from the said order It is further ordered, That on the Street, in the office of Erling C. Olsen, of November 14, 1950, designating the Commission’s own motion the order of commencing February 28, 1951, for the above-entitled application for hearing. May 12, 1950, designating the above-en convenience of witnesses and counsel for titled application for hearing is amend the Commission offering no objection; F ederal Communications ed to make Mississippi Broadcasting It is ordered, This 30th day of Janu Com mission, Company, Incorporated, licensee of Sta ary 1951, that the hearing on the above- [ seal] T. J. S lowie, tion WCOC, Meridian, Mississippi, a entitled application commence at 10:00 Secretary. party to the proceeding. a. m. on February 19th, 1951, at Trenton, [F. R. Doc. 51-2035; Filed, Feb. 8, 1951; New Jersey, and thereupon after adduc 8:50 a. m.] F ederal Communications Commission, ing necessary testimony at Trenton, be [ seal] T. J. S lowie, adjourned until February 28, 1951, and Secretary. transferred to New York, New York at [Docket No. 9664] 120 Wall Street, for the purpose of taking [F. R. Doc. 51-2036; Filed, Feb. 8, 1951; further testimony. Harold L. S udbury (KLCN) 8:50 a. m.] [ seal] R obert F. J ones, ORDER SCHEDULING HEARING Presiding Commissioner. [Docket Nos. 9479, 96,67] In re application of Harold L. Sudbury [F. R. Doc. 51-2038; Filed, Feb. 8, 1951; (KLCN), Blytheville, Arkansas, Docket R alph,D. E pperson (WPAQ) and N ew s- 8:51 a. m.] No. 9664, File No. BP-7515; for construc J ournal Corp., (WNDB) tion permit. At a session of the Federal Communi ORDER CONTINUING HEARING cations Commission held at its offices in In re applications of Ralph D. Epper Washington, D. C., on the 29th day of son (WPAQ) , Mount Airy, North Caro [Docket No. 9834] January, 1951; lina, Docket No. 9479, File No. BP-7153; G reat N orthern R adio, I nc. (WWSC) The Commission having under con News-Journal Corporation (WNDB), ORDER CONTINUING HEARING sideration a petition filed on September Daytona Beach, Florida, Docket No. 7,1950, by Harold L. Sudbury requesting 9667, File No. BP-6983; for construction In re application of Great Northern reconsideration and grant without hear permits. Radio, Inc. (WWSC), Glens Falls, New ing of the above-entitled application for The Commission having under con York, Docket No. 9834, File No. BMP- construction permit to change the facil sideration a petition filed January 26, 5335; applicant for modification of con ities of Station KLCN, Blytheville, Ar 1951, by the News-Journal Corporation struction permit. kansas, from frequency 900 kilocycles, (WNDB), Daytona Beach, Florida, re The Commission having under con 1 kilowatt power, daytime only, to fre questing a continuance of the hearing sideration a petition filed January 24, quency 910 kilocycles, 100 watts 1 kilo- herein of at least sixty days from the 1951, by the applicant, requesting that watt-LS power, unlimited time; presently scheduled date of February 8, the hearing on its above-entitled appli It appearing, that the said application 1951, in order to afford petitioner an cation be continued indefinitely in order was designated for hearing by Commis opportunity to make a technical study to sion order of May 12, 1950, on specified investigate the availability of another to permit Commission action upon a issues among which was to determine frequency, and requesting a waiver of pending petition for reconsideration and whether the proposed operation of Sta the Commission’s four-day rule; and grant, filed by petitioner November 27, tion KLCN would involve objectionable It appearing that both the Commis 1950; and interference to Station WSUI, Iowa City, sion Counsel and the parties to this pro It appearing, that the hearing in this Iowa, or with any other existing broad ceeding have consented to immediate proceeding is scheduled to commence on cast stations and to determine whether action upon this petition and that there February 12, 1951, at Washington, D. C., the installation and operation of Station fore the requirements of § 1.745 of the and that no action has as yet been taken KLCN as proposed would be in compli Commission’s rules have been met, and by the Commission on the said petition ance with the Commission’s rules and that good cause has been shown for a for reconsideration and grant of its ap Standards of Good Engineering Practice grant thereof; plication without hearing; and Concerning Standard Broadcast Stations It is therefore ordered, This 30th day with particular reference to the assign of January 1951, that the petition of the It further appearing, that the dispo ment of a Class IV station on a regional News-Journal Corporation be and it is sition of the pending petition for recon frequency; and hereby granted and the hearing herein sideration and grant by the Commission It further appearing, that the petition is hereby continued to April 9, 1951, at may obviate the necessity for a hearing filed on September 6,1950, by Mississippi 10:00 a. m., in Washington, D. C. or alter the proceeding upon this appli Broadcasting Company, Incorporated, F ederal Communications cation, and that the orderly dispatch of licensee of Station WCOC, Meridian, Co m m issio n, business and the ends of justice will be Mississippi, requesting leave to intervene [ seal] T . J. S low ie, served by postponing the hearing until in the proceeding was dismissed by Com Secretary. after the Commission has considered the mission order of September 15,1950, due [F. R. Doc. 51-2037; Filed, Feb. 8, 1951; petition filed November 27, 1950 ; and to failure to comply with § 1.388 (a) of 8:51 a. m.] It further appearing, that there are the Commission’s rules; and no parties to this proceeding other than It further appearing, that on the basis the applicant, and Commission counsel of information contained in the said ap [Docket No. 9865] has indicated he has no objection to the plication and the instant petition the S tation W TNJ Commission is unable to resolve the mat requested indefinite continuance; ters in issue in that nighttime limita ORDER TRANSFERRING HEARING FOR FURTHER It is, therefore, ordered, This 30th day tion of Station WSÜI may be lower than TESTIMONY of January 1951, That the petition for that computed by petitioner during the In the matter of revocation of license Indefinite continuance is granted; and periods Station KPOF is not operating, of station WTNJ, Trenton, New Jersey; the hearing on the above-entitled appli and that objectionable interference may Docket No. 9865. cation now scheduled for February 12, No. 28— —5 1256 NOTICES

1951, at Washington, D. C., is continued N otification of Changes in Assignments of B roadcasting S tations without date until further order. . CUBAN NOTIFICATION LIST NUMBER 1 F ederal Communications J a n u a r y 15, 1 9 5 1 . Commission, C uba [ seal] T. J. S lowie, PRESENT OPERATION Secretary. Frequen [F. R. Doc. 51-2039; Filed, Feb. 8, 1951; cy (kc) Call letters Station location Power kw. Antenna Schedule Class 8:51 a. m.]

1360 CMBG...... Havana...... 0.25 ND S.H. IV 1360 CMOA...... do...... 25 ND S. H. IV 1460 CMCM...... ___ do______.5 ND U III [Docket No. 9710] M arshall F ormby PROPOSED CHANGES

ORDER CONTINUING HEARING 1360 CMBG...... 0. 25 ND XJ 1460 CMCM...... *25 ND XJ In re application of Marshall Formby, 159Q CMOA...... „25 ND u Spur, Texas, Docket No. 9710, File No. BP-7577; for construction permit. Date for the implementation of these On October 19, 1950, the Public Serv The Commission having under con changes: January 31,1951,12:30 p. m. sideration a petition filed January 24, ice Commission of Indiana intervened in 1951, by Marshall Formby, Spur, Texas,: N o t e : The assignments listed as “present this proceeding in opposition to the ap requesting a 90-day continuance of the operation” 'correspond with the assignments plication. hearing presently scheduled for Febru shown in Annex 3, North American Regional By order of the Commission dated No ary 20,1951, at Washington, D. C., in the Broadcasting Agreement, Washington, 1950. vember 10, 1950, and published in the F ederal R egister on November 16, 1950 proceeding upon his above-entitled for F ederal Communications Commission, (15 F. R. 7806), this proceeding was set construction permit; and for hearing to commence at 10:00 a. m. It appearing, that this applicant had [seal] T. J. S low ie, Secretary. (e. s. t.), on December 19, 1950. ample notice of the date on which this By order of the Commission dated hearing was to be held; that the reasons [F. R. Doc. 51-2042; Filed, Feb. 8, 1951; December 13, 1950, the -hearing in this assigned for the continuance do not 8:51 a. m.] proceeding was postponed to commence justify a 90-day postponement of the on February 7, 1951, at 10:00 a. m. hearing; and that, under the circum (e. s. t.), at the applicant’s request. stances, the applicant should be allowed FEDERAL POWER COMMISSION By a telegram received January 30, no more than approximately 30 days in [Project No. 1808] 1951, the Public Service Commission of which to prepare and be ready for hear Indiana withdrew its intervention. ing on his application; H ans T horne et al. The Commission finds: It is ordered, This 2d day of Febru NOTICE OF ORDER APPROVING TRANSFER OF (1) This proceeding is a proper one for ary 1951, that, insofar as the petition LICENSE (MINOR) disposition under the provisions of § 1.32 requests a continuance, it is granted; F ebruary 5,1951. (b) (18 CFR 1.32 (b) ) of the rules of and that the hearing in thè above-en practice and procedure, Applicant hav titled proceeding is continued to 10:00 In the matter of Hans Thorne and ing requested that its application be a. m., Wednesday, March 28, 1951, at Helen A. Thorne and Chester O. Miller, heard under the shortened procedure Washington, D. C. Faye S. Miller, Henry W. Miller and provided by the aforesaid rule for non- F ederal Communications Betty M. Miller, Project No. 1808. contested proceedings, and there being Commission, Noticé is hereby given that, on Decem no request to be heard, protest or peti [seal] T. J. S low ie, ber 26,1950, the Federal Power Commis tion now before the Commission due no Secretary. sion issued its order entered December tice of the filing of the application hav 18,1950, modifying order of June 17,1947, [F. R. Doc. 51-2040; Filed, Feb. 8, 1951; ing been given, including publication in 8:51 a. m.] approving transfer of license (minor) in the F ederal R egister on October 14,1950 the above-designated matter. (15 F. R. 6922). [seal] Leon M. F uquay, (2) Gdod cause exists to set the hear Secretary. ing on February 7, 1951, under the [Designation Order 54] [F. R. Doc. 51-2007; Filed, Feb. 8, 1951; abridged procedure without 15. days further notice being given. D esignation of M otions Commissioner 8:45 a.m .] The Commission orders: At a session of the Federal Communi (A) Pursuant to the authority con cations Commission held at its office in tained in and subject to the jurisdiction Washington, D. C., on the 29th day of [Docket No. G—1489] conferred upon the Federal Power Com January 1951; It is ordered, Pursuant to § 0.111 of the T exas G as T ransmission Corp. mission by sections 7 and 15 of the Natural Gas Act, as amended, and the statement of delegations of authority, ORDER SETTING HEARING UNDER ABRIDGED that Rosel H. Hyde, Commissioner, is PROCEDURE Commission’s rules of practice and pro hereby designated as Motions Commis cedure, a hearing be held on February 7, sioner for the month of February, 1951. F ebruary 5, 1951. 1951, at 9:45 a. m., in the Hearing Room It is further ordered, That in the event On September 22, 1950, Texas Gas of the Federal Power Commission, 1800 said Motions Commissioner is unable to Transmission Corporation, a Delaware Pennsylvania Avenue NW., Washington, act during any part of said period the corporation, having offices at 416 West D. C., concerning, the matters involved Chairman or Acting Chairman will des Third Street, Owensboro, Kentucky, and the issues presented by such applica ignate a substitute Motions Commis filed an application .pursuant to section tion: Provided, however, .That the Com sioner. 7 of the Natural Gas Act for a certificate of public convenience and necessity au mission may, after a non-contested hear F ederal Communications ! thorizing the construction and opera ing, forthwith dispose of the proceeding Commission, tion of a direct industrial gas sales pursuant to the provisions of § 1.32 (b) [seal] T. J. S lowie, meter station, and the sale of natural of the Commission’s rules of practice Secretary. gas to the American Vitrified Products and procedure. [F. R. Doc. 51-2041; Filed, Feb. 8, 1951; Company at a point near Brazil, In (B) Interested State commissions may 8:51a.m .] diana, participate as provided by §§1.8 and Friday, February 9, 1951 FEDERAL REGISTER 1257 1.37 (f) (18 CFR 1.8 and 1.37 (f)) of the Any interested person desiring the [4th Sec. Application 25818] said rules of practice and procedure. Commission to hold a hearing upon such A plite R ock F rom P iney R iver, V a., to application shall request the Commis I ndiana and Ohio Date of issuance: February 5,1951. sion in writing so to do within 15 days By the Commission. from the date of this notice. As provided APPLICATION FOR RELIEF L eon M. F uquay, by the general rules of practice of the F ebruary 6, 1951. Secretary. Commission, Rule 73, persons other than The Commission is in receipt of the [P. R. Doc. 51-2021; Piled, Feb. 8, 1951; applicants should fairly disclose their above-entitled and numbered applica 8:48 a. m.] interest, and the position they intend to tion for relief from the long-and-short- take at the hearing with respect to the haul provision of section 4 (1) of the application. Otherwise the Commission, Interstate Commerce Act. [Docket No. G-1598] in its discretion, may proceed to investi Filed by: C. W. Boin, Agent, for car gate and determine the matters involved riers parties to his tariff I. C. C. No. Arkansas Louisiana G as Co. in such application without further or formal hearing. If because of an emer A-823. NOTICE OF APPLICATION gency a grant of temporary relief is Commodities involved: Aplite rock, F ebruary 5, 1951. crushed or ground, in carloads. found to be necessary before the expira From: Piney River, Va. Take notice that on January 29, 1951, tion of the 15-day period, a hearing, To: Muncie and Winchester, Ind., Arkansas Louisiana Gas Company (Ap Upon a request filed within th'at period, Lancaster, Mount Vernon, Newark and plicant), a Delaware corporation of may be held subsequently. Zanesville, Ohio. Shreveport, Louisiana, filed an applica By the Commission, Division 2. Grounds for relief: Circuitous routes tion for a certificate of public conveni and to apply over short tariff routes rates ence and necessity pursuant to section [seal] W. P. B artel, Secretary. constructed on the basis of the short 7 (c) of the Natural Gas Act, authoriz line distance formula. ing the construction of a meter and [F. R. Doc. 51-2011; Filed, Feb. 8, 1951; Schedules filed containing proposed regulator station at a point in its trans 8:46 a. m.] rates: R. B. Le Grande’s tariff I. C. C. mission system near Thornton, Arkan No. 240, Supp. 154. sas. Applicant proposes by these facili Any interested person desiring the ties to sell natural gas in the community Commission to hold a hearing upon such of Thornton, Arkansas, which has no gas [4th Sec. Application 25817] application shall request the Commis utility service at present. M olasses F rom Louisiana to P klahoma sion in writing so to do within 15 days Through these facilities, Applicant from the date of this notice. As pro proposes to sell and deliver approxi APPLICATION FOR RELIEF vided by the general rules of practice of mately 20,000 Mcf per year of natural F ebruary 6, 1951. the Commission, Rule 73, persons other gas. The cost of. these facilities is esti than applicants should fairly disclose mated to be $1,029, which will be paid The Commission is in receipt of the above-entitled and numbered applica their interest, and the position they in from general funds of Applicant. tend to take at the hearing with respect Applicant requests that its application tion for relief from the long-and-short- haul provision of section 4 (1) of the to the application. Otherwise the Com be heard under the shortened procedure mission, in its discretion, may proceed pursuant to § 1.32 (b) of the rules of Interstate Commerce Act. Filed by: W. P. Emerson, Jr., Agent, to investigate and determine the matters practice and procedure. involved in such application without fur Protests or petitions to intervene may for carriers parties to his tariff I. C. C. No. 395. ther or formal hearing. If because of be filed with the Federal Power Commis an emergency a grant of temporary re sion, Washington 25, D. C., in accordance Commodities involved: Blackstrap molasses and distillery molasses re lief is found to be necessary before the with the rules of practice and procedure expiration of the 15-day period, a hear (18 CFR 1.8 or 1.10) on or before the siduum, in tank-car loads. From: New* Orleans, La., and points ing, upon a request filed within that 26th day of February 1951. The appli period, may be held subsequently. cation is on file with the Commission grouped therewith. for public inspection. To: Checotah, Meyer, Oktaha a n d By the Commission, Division 2. Rentiesville, Okla. [seal] Leon M. F uquay, Grounds for relief: Circuitous routes. [seal] W. P. B artel, Secretary. Schedules filed containing proposed Secretary. [F. R. Doc. 51-2044; Filed, Feb. 8, 1951; rates: W. P. Emerson, Jr.’s tariff I. C. C. [F. R. Doc. 51-2013; Filed, Feb. 8, 1951; 8:52 a. m.j No. 395, Supp. 31. 8:47 a. m.] Any interested person desiring the Commission to hold a hearing upon such INTERSTATE COMMERCE application shall request the Commis COMMISSION sion in writing so to do within 15 days [4th Sec. Application 25819] from the date of this notice. As pro Coke F rom H opewell, Va., to [4th Sec. Application 25816] vided by the general rules of practice W ilson, N. C. Crude S ulphur F rom T exas and of the Commission, Rule 73, persons APPLICATION FOR RELIEF Louisiana to Calvert, K y . other than applicants should fairly dis close their interest, and the position F ebruary 6,1951. application for relief they intend to take at the hearing with The Commission is in receipt of the F ebruary 6, 1951. respect to the application. Otherwise above-entitled and numbered applica The Commission is in receipt of the the Commission, in its discretion, may tion for relief from the long-and-short- above-entitled and numbered application proceed to investigate and determine haul provision of section 4 (1) of the for relief from the long-and-short-haul the matters involved in such application Interstate Commerce Act. provision of section 4 (1) of the Inter without further or formal hearing. If Filed by: R. E. Boyle, Jr., Agent, for state Commerce Act. because of an emergency a grant of Norfolk; and Western Railway Company Filed by: D. Q. Marsh, Agent, for car temporary relief is found to be neces and Norfolk. Southern Railway Com riers parties to his tariff I. C. C. No. 3862. sary before the expiration of the 15-day pany. Commodities involved: Sulphur (brim period, a hearing, upon a request filed Commodities involved: Coke, coke stone), in carloads. within that period, may be held subse breeze, coke dust and coke screenings, in Prom: Mines in .Texas and Louisiana. quently. carloads. To: Calvert, Ky. By the Commission, Division 2. From: Hopewell, Va. Grounds for relief: Competition with TO: Wilson, N. C. water carriers. [seal] W. P. B artel, Grounds for relief : Circuitous route. Schedules filed containing proposed Secretary. Schedules filed containing proposed rates: D. Q. Marsh’s tariff I. C. C. No. [F. R. Doc. 51-2012; Filed, Feb. 8, 1951; rates: C. A. Spaninger’s tariff I. C. C. No. 3862, Supp. 67. 8:46 a. m.] 1150, Supp. 15. 1258 NOTICES

Any interested person desiring the SECURITIES AND EXCHANGE Mutual became inactive in the securi Commission to hold a hearing upon such ties business about January 1, 1942. In application shall request the Commission COMMISSION October 1942 Hecht registered as a in writing so to do within Î5 days from [File No. 16-1A32] broker-dealer under section 15 (b) of the the date of this notice. As provided by act. Mutual dissolved at about the the general rules of practice of the Com O . H . H e c h t same time and its registration as a mission, Rule 73, persons other than ap broker' and dealer was withdrawn on plicants should fairly disclose their memorandum opinion and order November 19, 1942. interest, and the position they intend to take at the hearing with respect to the At a regular session of the Securities Since his registration, Hecht has been application. Otherwise the Commission, and Exchange Commission, held at its conducting a general securities business in its discretion, may proceed to investi office in the city of Washington, D. C., on and has also acted as underwriter of gate and determine the matters involved the 2d day of February A. D. 1951. smaller securities issues. He states that in such application without further or National Association of Securities he continued selling oil royalties for a formal hearing. If because of an emer Dealers, Inc. (“the NASD”), a registered few years after his registration at mark gency a grant of temporary relief is national securities association, has ap ups considered reasonable by the trade found to be necessary before the expira plied, pursuant to section 15A (b) (4) of but that those sales constituted a minor tion of the 15-day period, a hearing, the Securities Exchange Act of 1934 portion of his business. In April 1945 upon a request filed within that period, (“the act”), for our approval of the ad he discontinued selling oil royalties and may be held subsequently. mission of O. H. Hecht to membership. does not intend to make such sales in Appropriate public notice was given of the future. Hecht stated also that he By the Commission, Division 2. the filing of the application, and inter has familiarized himeslf with the NASD [ seal] W. P. B artel, ested persons were afforded an oppor mark-up policy; that his profits on se Secretary. tunity to request a formal hearing. No curities dealings since- the expulsion such request has been filed. On the basis have been in accordance therewith; and [F. R. Doc. 51-2014; Filed, Feb. 8, 1951; 8:47 a. m.] of our review of the record we make the that he does not sell securities on margin following findings. or hypothecate customers’ securities. Under section 15A (b) (4) of the act, Several letters have been submitted and Article I, Section 2, of the NASD testifying to his good reputation and [4th Sec. Application 25820] bylaws, except in cases where the Com character, and the NASD has recom F ormaldehyde P rom T exas and Oklahoma mission approves or directs admission to mended his admission to membership as TO THE SOUTH or continuance in membership as appro consonant with the stated purposes and priate in the public interest, no broker policies of section 15A of the act APPLICATION FOR RELIEF or dealer may be a member of the NASD After consideration of all the circum F ebruary 6, 1951. if he has been expelled or has been a stances, and giving due weight to the The Commission is in receipt of the cause of any order of expulsion from a recommendation of the'NASD, we find it above-entitled and numbered applica registered securities association for vio appropriate in the public interest to ap tion for relief fjrom the long-and-short- lation of a rule of the association prohib prove the admission of Hecht to NASD haul provision of section 4 (1) of the iting conduct inconsistent with just and membership. Interstate Commerce Act. equitable principles of trade. It is ordered, therefore, Pursuant to Filed by: D. Q. Marsh, Agent, for car Hecht has been in the securities busi section 15A (b) (4) of the act, that the riers parties to his tariffs I. C. C. Nos. ness since 1922. In December 1938 he admission of O. H. Hecht to membership 3752 and 3919. became a partner in Mutual Investments, in National Association of Securities Commodities involved: Liquid formal Ltd. (“Mutual”) , a broker-dealer regis Dealers, Inc., be, and it hereby is, tered under section 15 (b) of the act. approved. dehyde, in tank-car loads. On August 28, 1941, a complaint was From: Bishop and Winnie, Tex., and By the Commission. Tallant, Okla. filed with the District Business Conduct To: Gadsden, Ala., Savannah, Ga., Committee for District No. 11 of the [seal] Orval L. DuBois, and Orangeburg, S. C. NASD (“the Committee”) alleging that Secretary. Mutual had engaged in the practice of Grounds for relief: Competition with selling oil royalties at prices which were [F. R. Doc. 51-2008; Filed, Feb. 8, 1951; rail carriers and circuitous routes. 8:45 a. m.] Schedules filed containing proposed not fair and were in violation of sections rates: D. Q. Marsh’s tariff I. C. C. No. 1 and 4 of Article IH of the Association’s 3752, Supp. 545; D. Q. Marsh’s tariff rules of Fair Practice. As illustrative I. C. C. No. 3919, Supp. 26. of Mutual’s general business practices, DEPARTMENT OF JUSTICE Any interested person desiring the the complaint set forth a series of seven transactions on which profits ranged as Office of Alien Property Commission to hold a hearing upon such high as 100 percent of Mutual’s cost. application shall request the Commis In its answer Mutual neither denied nor Authority : 40 Stat. 411, 55 Stat. 839, Pub. sion in writing so to do within 15 days Laws 322, 671, 79th Cong., 60 Stät. 50, 925; 50 from the date of this notice. As pro admitted the allegations but stated, “We U. S. C. and Supp. App. 1, 616; E. O. 9193, vided by the general rules of practice of now appreciate the necessity for these July 6, 1942, 3 CFR, Cum. Supp., E. O. 9567, the Commission, Rule 73, persons other rules as required of members, and regret June 8, 1945, 3 CFR, 1945 Supp., E. O. 9788, than applicants should fairly disclose our lack of proper interpretation of them Oct. 14, 1946, 11 F. R. 11981. their interest, and the position they in as intended, and assure you that we will [Vesting Order 16712] tend to take at the hearing with respect abide by them.” to the application. Otherwise the Com No hearing was - requested and the S chering, A. G. et al. mission, in its discretion, may proceed Committee on November 7, 1941, found In re: Interests and rights of Schering, to investigate and determine the mat that Mutual had been guilty of conduct A. G., Berlin, Germany, in agreements ters involved in such application without inconsistent with just and equitable with Sherka Chemical Company, Inc.; further or formal hearing. If because principles of trade and expelled it from U. S. Letters patent owned by Schering, of an emergency a grant of temporary membership in the NASD.1 relief is found to be necessary before A. G.; Sioto, G. m. b. H.; Niederschles- the expiration of the 15-day period, a isehe Bergbau, A. G.; Voigtländer & Sohn, 1 The record is not clear as to Hecht’s par A. G.; Rheinische Kampferfabrik, G. m. hearing, upon a request filed within that ticipation in the alleged misconduct, but he b. H.; C. F. Böhringer & Söhne, G. m. period, may be held subsequently. was a partner in Mutual and he has.not b. H.; Hans Goebel, Burkhard von By the Commission, Division 2. sought to disclaim responsibility. In his application to the NASD for admission to Becker; Herbert Schotte; Robert Ebert; [ seal] w . P. B artel, membership Hecht indicated that he was a Joachim Korpium, and Helmut Borst. Secretary. cause of the expulsion, and in a statement Under the authority of the Trading made before the Committee in connection With the Enemy Act, as amended, [F. R. Doc. 51-2015; Filed, Feb. 8, 1951; with his application Hecht referred to “our Executive Order 9193, as amended, and 8:47 a. m.] mistake which I, of course, admit.” Executive Order 9788, and pursuant to 1259 Friday, February 9, 1951 FEDERAL REGISTER dence of ownership or control by country, the national interest of the law, after investigation, it is hereby United States requires that such persons found: Schering, A. G., of Berlin, Germany, the 1. That each of the corporations, part aforesaid national of a designated enemy be treated as nationals of a designated nerships, associations, or other business country (Germany) ; enemy country (Germany). organizations whose names and last 5. That the property described as fol All determinations and all action re known addresses are set forth below is lows: All right, title, and interest, in quired by law, including appropriate cluding all accrued royalties and all dam consultation and certification, having organized under the laws of Germany, been made and taken, and, it being and has, or, on or since the effective date ages and profits recoverable at law or in deemed necessary in the national of Executive Order 8389, as amended, has equity from any person, firm, corpora had its principal place of business in interest, tion, or government for past infringe There is hereby vested in the Attorney Germany, and is a national of a desig ment thereof, in and to the United States nated enemy country (Germany): General of the United States the prop Letters Patent listed in Exhibits A and erty described above, to be held, used, Names and Addresses B, attached hereto and by reference administered, liquidated, sold or other Schering, A. G., Berlin, Germany. made a part hereof; wise dealt with in the interest of and for Sioto, G. m. b. H., Hamburg, Germany. Niederschlesische Bergbau, A. G., Neuweis- is property within th# United States the benefit of the United States. stein bei Waldenburg, Germany. owned or controlled by,, payable or de The terms “national” and “designated Voigtländer & Söhn, A. G., Braunschweig, liverable to, held on behalf of, or on enemy country” as used- herein shall Germany. account of, or owing to, or which is evi have the meanings prescribed in section Rheinische Kampferfabrik, G. m. b. H., dence of ownership or control by, the 10 of Executive Order 9193, as amended. Düsseldorf-Oberkassel, Germany. persons named in subparagraphs 1, 2, 2. That C. F. Böhringer & Söhne, and 3 hereof, the aforesaid nationals of Executed at Washington, D. C., on G. m. b. H., whose last known address a designated enemy country (Germany) ; December 26, 1950. is Mannheim-Waldhof, Germany, is a For the Attorney General. corporation, partnership, association, or and it is hereby determined: other business organization, organized 6. That to the extent that the persons [Seal] H arold I. B aynton, under the laws of Germany, which has, referred to in subparagraphs 1, 2, and 3 Assistant Attorney General, or on or since the effective date of Ex hereof are not within a designated enemy Director, Office of Alien Property, ecutive Order 8389, as amended, has had its principal place of business in Ger E xhibit A—P atents Assigned to Sherka Chemical C ompany, I nc. by Schering A. O. many, and is a national of a designated D a t e o f Title enemy country (Germany); P a t e n t N o . Inventor 3. That Hans Goebel, Burkhard von issu e Becker, Herbert Schotte, Robert Ebert, TTans Meerwein, Heinrich Morschei— Production of Acetone. 1 ,865,940...... 7/ 5/32 Method of Simultaneous Hydrogenation and Joachim Korpium, and Helmut Borst, 1,877,203...... 9/13/32 Walter Schoeller, Hans Jordan, Walter whose last known addresses are Ger Linde. Dehydrogenation. 9/20/32 Erwin Schwenk, Hans Jordan------Production of Hydroaromatic Carboxylic Acids. many, are residents and nationals of a 1,877,991...... Hans Meerwein, Heinrich Morschei— Production of Acetone. 1,891,333...... 12/20/32 Phosphoric Acid Ester of Gluconic Acid. designated enemy country (Germany); 1,907,592...... 5 / 9/33 Walter Schoeller, Erwin Schwenk, Hans Goebel, Siegfried Michael. 4. That the property described as Rudolf Schmidt______Production of Aliphatic-Aromatic'Ketones. 1 ,916,741...... 7/ 4/33 Production of Acrolein. follows: 1,916,743...... 7/ 4/33 Erwin Schwenk, Max Gehrke, Franz Aichner. a. All interests and rights (including Hans Priewe.;------Disinfectant. 1,933,757... . 11/ 7/33 Method of Producing Aliphatic and Hydro- all monies payable or held with respect 1,967,433...... 7/24/34 Walter Schoeller, Erwin Schwenk, Erich Borgwardt, Franz Aichner. Aromatic Oxides. to such interests and rights and all dam Vulcanization of Caoutchouc. 1,996,593... . 4 / 2/35 Erwin Schwenk, Hans Jordan.------ages for breach of the agreement here 11/19/35 Fritz Wolff— ______Seed Disinfectant. 2,021 ,2 7 7 ...... Insecticidal Preparation. inafter described, together with the right 2 ,024,392...... 12/17/35 Herbert Schotte, Karl Görnitz------Karl Ziegler------Method For the Production of Derivatives of to sue therefor) created in Schering, 2,068,284______1/19/3* Cyclic B-Keto Carboxylic Acids. Method of Producing^ Compounds of Cyclic A. G. of Berlin, Germany by virtue of 2,103,286-.____ 12/28/37 B-KetocarboxyUc Acids. an agreement dated January 1, 1938 by Walter Schoeller, Erich Borgwardt.— Phosphates of Amino Acid Esters and Method and between Schering, A. G. and Sherka 2 ,103,558...... 12/28/37 of Producing Same. 2/22/38 Fritz Wolff______Dry Disinfectant for Seeds. Chemical Company, Inc., Bloomfield, 2,109,143...... Insecticide and Method of Making Same. *2,136,868...... 11/15/38 Herbert Schotte, Karl Görnitz. New Jersey (including all modifications 12/20/38 Karl Ziegler------Method of Producing Substituted Alkali Metal thereof and supplements thereto, if 2,141,058...... Amides. Joachim Korpium—— ------—------Process For Electrodeposition on Aluminum and any); 2,142,564------1 / 3/39 Aluminum Alloys. Seed Disinfectant Composition and Method of b. All interests and rights (including 2,145,594...... 1/31/39 Karl Görnitz, Willy Harnack, Otto Wurm. Making the Same. all monies payable or held with respect Organic Mercury Compounds and a Method of 2,145,595______1/31/39 Making the Same. to such interests and rights and all dam Organic Mercury Compound and a Method of ages for breach of the agreement herein 2,178,099...... 10/31/39 Producing the Same. Cartridge Case Provided with a Non-metallic after described, together with the right 2,196,018...... 4 / 2/40 Joachim Korpium------to sue therefor) created in Schering, 1 Surface. * Franz Gottwalt______Method for the Separation of Acylatable Sub A. G. of Berlin, Germany, by virtue of 2,208,808...... 7/23/40 stances from Mixtures Containing Same. 11/12/40 Josef Eimig------Luminous Materials and Intensifying Screens for the exchange of cables and letters 2,220,894...¿.. X-Rays and a Method for Manufacturing the between Schering, A. G., of Berlin, Ger Same. _ Process for the Manufacture of N oncurling Films. many, Schering Corporation of Bloom 2,229,741...... 1/28/41 Gerhard Hinz______Alwin Müller, Joachim Korpium----- Method of Producing Oxide Coated Aluminum field, New Jersey and Sherka Chemical 2,231,086...... 2/11/41 and Aluminum Base Alloys and Electrolyte Company, Inc., of Bloomfield, New Jer therefor. Joachim Korpium------Process for the Manufacture of Oxide Layers on sey, dated September 15,. 1939; October 2,233,785...... 3 / 4/41 Aluminum and Aluminum Alloys and to 5 and 25, 1939; November 11, 20 & 27, Electrolytes therefor. 5/31/41 Fritz Wolff----- Process for Preparing Hydrated Copper Chlo 1939; February 24, 26 & 27, 1940; March 2,241,800...... rides. 13, 1940; April 8, 1940; May 6, 8 & 31, Joachim Korpium------Method for Treating Electroplating Baths. 2,248,092...... 7/ 8/41 Production and Application, of Media for Protec ^1940 and June 3, 1940 (including all 2,260,173...... 10/21/41 Max Dohra, Hans Nähme«------modifications thereof and supplements tion from Light. 2,263,381...... 11/18/41 Hans Goebel__!------Powder Box. thereto, if any); Gerhard Hinz------Process of Treating Plastic Sheets. 2,271,192...... 1/27/42 Alkylene Diamine Alkyl Mercury Compounds. 2,277,180...... 3/24/42 Fritz Wolff, Karl Görnitz, Willy Har is property within the United States nack. Hans Meerwein..______—- Process for the Introduction of Aryl Groups into owned or controlled by, payable or de 909,401____ 8/11/42 a B-Unsaturated Carbonyl Compounds and liverable to, held on behalf of or on their Derivatives. account of, or owing to, or which is evi- 1260 NOTICES

E xhibit B—P atents A ssigned to Sherka Chemical C ompany, I nc., by Sioto, G. m. b . H., N iederschlesische [Vesting Order 17230] B ergbau, A. G.; V oigtländer a Sohn, A. G., C. F. B öhringer a Söhne, G. m. b. H.; H elmut B orst, H ans Goebel, Burkhard Von Becker, H erbert Schotte, R obert E bert, and J oachim K orpium, All as I ndicated S aichi T atsuta ex al. B elow sioto, g. m. b. h . In re: Rights of Saichi Tatsuta, et al., under contract of insurance. File F Date of Patent No. Inventor Title 39-4934-H-l. issue Under the authority of the Trading With the Enemy Act, as amended, Exec 2,194,246...... 3/19/40 Carl Oberländer, Fritz Hermann, Enamels and Glazes and a Method of Producing Zsehacke. the Same. utive Order 9193, as amended, and Exec utive Order 9788, and pursuant to law, after investigation, it is hereby found: NIEDERSCHLESISCHE BERGBAU, A. G. 1. That Saichi Tatsuta, whose last known address is Japan, is a resident of 2,277,115..___ 3/24/42 Hugo Kruger, Kurt Giesler.______Process of Producing Pure Benzene Hydrocar Japan and a national of a designated bons. enemy country (Japan); 2. That the domiciliary personal rep YOIGTLXNDER A SOHN, A. G. resentatives, heirs, next of kin, legatees and distributees, names unknown, of 2,012,334 8/27/35 Arpad Barenyi______. Photographic Film Camera. Saichi Tatsuta, who there is reasonable 2,054,284 9/15/36 Walter Forstmann_____'______Photographic Film. cause to believe are residents of Japan, 2,075,081...... 3/30/37 Arpad Barenyi______Folding Camera. 2,153,813...... 4/11/39 Karl Pritsckow.______Photographic Camera. are nationals of a designated enemy 2,167,229...... 7/25/39 Eugen Armbruster—______Range Finder. country (Japan); 2,189,223...... 2/ 6/40 Wilhelm Reiche______Folding Camera. 2,233,238...... 2/25/41 Wilhelm Baumgartner______Roll Film Camera. 3. That the net proceeds due or to 2,233,239..___ 2/25/41 Wilhelm Baumgartner______Photographic Roll Film Camera. become due under a contract of insur 2,249,929...... 7/22/41 Roll Film Camera. ance evidenced by Policy No. 1097797 is 2,297,634...... 9/29/42 Karl Pritsehow” ______. . . Photographic Camera. sued by the Sun Life Assurance Com pany of Canada, Montreal, Quebec, Can C. E. BÖHRINGER A SOHNE, G.m.b.H. ada, to Saichi Tatsuta, together with the right to demand, receive and collect said 1,859,786...... ' 6/24/32 Richard Muller, Fritz Voeller______Production of Anhydrides of the Lower Fatty net proceeds (including without limita Acid Series. tion the right to proceed for collection 1,910,176...... 6/23/33 Richard Muller, Martin Schenck____ Controlling Reaction Between Cellulose and Other Reagents. against branch offices, legal reserves 1,911,920...... 5/30/33 Richard Muller, Alfred Lubke, Her Production of Acetic Acid. maintained in the United States), is mann Dietrich. 1,941,951...... 1/ 2/34 Richard Muller, Hans Hatzig, Erich Separating Acetic Acid from Acetic Acid Anhy property within the United States owned Rabald. dride. or controlled by, payable or deliverable 1,967,421...... 7/24/34 Richard Muller, Alfred Lubke___ Plastic Mass Containing Cellulose, Esters. to, held on behalf of, or an account of, 2,001,211...... 5/14/35 Richard Muller, Erich Rabald______Production of Fatty Acid Anhydrides. 2,002,674...... 6/28/35 Richard Muller, Martin Schenck, Method of Treating Cellulose Acetate. or owing to, or which is evidence of Wilhelm Wirbatz. ownership or control by Saichi Tatsuta 2,011,011...... 8/13/35 Erich Rabald___ Process of Combining Acetylene with Acetic Acid. or the domiciliary personal representa 2,024,381...... 12/17/35 Richard Muller, Martin Schenck, Esterification of Cellulose. tives, heirs, next of kin, legatees and Wilhelm Wirbatz, Fritz Muller. 2,030,221...... 2/11/36 Richard Muller, Martin Schenck, Method of Producing Plastic Masses, etc., Con distributees, names unknown, of Saichi Wilhelm Wirbatz. taining Cellulose Esters. Tatsuta, the aforesaid nationals of a 2,032,549...... 3/ 3/36 Treating Solid Cellulose Derivatives. designated enemy country (Japan); 2,035,183...... 3/24/36 Richard Muller, Fritz Muller, Hein Cellulose Composition. rich Messer. 2,045,161...... 6/23/36 Richard Muller, Martin Schenck, Cellulose Acetate Products and Method of and it is hereby determined: Wilhelm Wirbatz. Producing Same. 4. That to the extent that the person 2,045,718...... 6/30/36 Richard Muller, Hans Hatzig, Erich Method of Producing Anhydrides of Lower Fatty named in subparagraph 1 hereof and Rabald. Acids. 2,103,012...... 12/21/37 Richard Muller, Martin Schenck, Cellulose Esters. the domiciliary personal representatives, Wilhelm Wirbatz. heirs, next of kin, legatees and distrib 2,143,205...... 1/10/39 Richard Muller, Alfred Lubke..____ Artificial Silk. utees, names unknown, of Saichi Tatsuta are not within a designated enemy HELMUT BORST country, the national interest of the United States requires that such persons 2,192,891...... 3/12/40 Helmut Borst------Photographic Developer and Process of Develop be treated as nationals of a designated ment. enemy country (Japan). All determinations and all action re quired by law, including appropriate con HANS GOEBEL sultation and certification, having been made and taken, and, it being deemed 2,349,654 __ . 5/23/44 HansaGoebeL. ____ Aqueous Solutions of Phenols and their Homo- necessary in the national interest, logues and a Method of Making the Same. There is hereby vested in the Attorney General of the United States the prop BURKHARD VON BECKER erty described above, to be held, used, administered, liquidated, sold or other 2,368,277____ 1/30/45 Burkhard von Becker______Wetting Agent for Mercerizing and a Process for wise dealt with in the interest of and for Increasing the Wetting Power of Mercerizing the benefit of the United States. Lyes. The terms “national” and “designated enemy country” as used herein shall have HERBERT SCHOTTE AND ROBERT EBERT the meanings prescribed in .section 10 of Executive Order 9193, as amended. 2,392,067...... 1/ 1/46 Herbert Schotte, Robert Ebert______Insecticides. Executed at Washington, D. C., on January 24, 1951. JOACHIM KORPIUM For the Attorney General. [seal] H arold I. B aynton, 2,418,265...... 4/ 1/47 Joachim Korpium Process for Providing Aluminum and Aluminum Alloys with Metal Coating. Assistant Attorney General, Director, Office of Alien Property. [P. R. Doc. 51-1992; Piled, Feb. 7, 1951; [P. R. Doc. 51-2046; Piled, Feb. 8, 1951; 8:53 a. m.] 8:58 a. m.] F riday, F ebruary 9, 1951 FEDERAL REGISTER 1261

[Vesting Order 17155] [Vesting Order 17138] [Vesting Order 17153]

Carl G udert J apanese Association of America H enrietta E. G arrett In re: Trust under the will of Carl In re : Debt owing to Japanese Associa In re: Estate of^Ienrietta E. Garrett, Gudert, deceased. Pile No. D-28-2204 tion of America. D-39-2186. deceased. File No. D-28-1682 ; E. T. Sec. E. T. sec. 3018. Under the authority of the Trading Nos. 538 and 539. Under the authority of the Trading With the Enemy Act, as amended, Exec Under the authority of the Trading With the Enemy Act, as amended, Ex utive Order 9193, as amended, and Exec With the Enemy Act, as amended, Ex ecutive Order 9193, as amended, and Ex utive Order 9788, and pursuant to law, ecutive Order 9193, as amended, and ecutive Order 9788, and pursuant to law, after investigation, it is hereby found: Executive Order 9788, and pursuant to after investigation, it is hereby found: 1. That the Japanese Association of law, after investigation, it is hereby 1. That Hans Doerwald, Annie Boes- America, a non-stock membership cor found: ser, Fritz Doerwald, Louis Doerwald and poration organized under the laws of the 1. That Hans Gneist, whose last known Elsie Doerwald, whose last known ad State of California, is or, since the effec address is Germany, is a resident of Ger dress was, on December 6, 1950, Ger tive date of Executive Order 8389, as many and a national of a designated many, were on such date residents of amended, has been controlled by, direct enemy country (Germany) ; Germany and nationals of a designated ly or indirectly, a designated enemy 2. That the domiciliary personal rep enemy country (Germany); country (Japan) and is a national of a resentatives, heirs-at-law, next of kin, 2. That the issue, names unknown, of designated enemy country (Japan) ; legatees, distributees and assignees, Babetta Haeusler, deceased, who there is 2. That the property described as fol names unknown, of Carl Gneist, de reasonable cause to believe are residents lows: That certain debt or other obliga ceased, who there is reasonable cause to of Germany, are nationals of a desig tion of The Yokohama Specie Bank, Ltd., believe are residents of Germany are nated enemy country (Germany); San Francisco Office, and/or Superin nationals of a designated enemy coun 3. That the sum of $1,131.70 was paid tendent of Banks of the State of Cali try (Germany) ; to the Attorney General of \the United fornia and Liquidator of The Yokohama 3. That all right, title, interest and States by George J. Haeusler, Milwaukee, Specie Èank, Ltd., San Francisco Of claim of any kind or character whatso Wisconsin, Surviving Trustee of the fice, c/o State Banking Department, 111 ever of the persons identified in subpar trust under the will of Carl Gudert, Sutter Street, San Francisco, California, agraphs 1 and 2 hereof in, to and against deceased; arising out of a Commercial AccounMn the Estate of Henrietta E. Garrett, de 4. That the said sum of $1,131.70 was the name of Japanese Association of ceased, is property payable or deliverable accepted by the Attorney General of the America, maintained at the aforesaid to, or claimed by, the aforesaid nationals United States on December 6, 1950, pur San Francisco Office, and any and all of a designated enemy country (Ger suant to the terms of the Trading With rights to demand, enforce and collect many) ; the Enemy Act, as amended; the same, 4. That süch property is in the process 5. That the said sum of $1,131.70 is of administration by Charles S. Starr presently in the possession of the Attor is property within the Unitsd States and Frank G. Marcellus, administrators ney General of the United States and owned or controlled by, payable or de c. t. a., acting under the judicial supervi was property within the United States liverable to, held on behalf of or on sion of the Orphans’ Court of Philadel owned or controlled by, payable or de account of, or owing to, or which is evi phia County, Pennsylvania ; liverable to, held on behalf of or on dence of ownership or control by Japa 5. That all right, title, interest and account of, or owing, to, or which was nese Association of America, the afore claim of any kind or character whatso evidence of ownership or control by, the said national of a designated enemy ever of the persons identified in subpara aforesaid nationals of a designated country (Japan) ; graphs 1 and 2 hereof in and to and enemy country (Germany); and it is hereby determined: arising out of or under that certain con and it is hereby determined: 3. That the Japanese Association of tract entered into on February 16, 1938, 6. That to the extent that the persons America is controlled by or acting for by and between Carl Gneist of Berlin, named in subparagraph 1 hereof and the or on behalf of a designated enemy coun Germany, and Arno P. Mowitz of Phila try (Japan) or persons within such delphia, Pennsylvania, is property within issue, names unknown, of Babetta the United States owned or controlled by, Haeusler, deceased, were not within a country and is a national of a designated enemy country (Japan) ; and payable or deliverable to, held on behalf designated enemy country on December 4. That to the extent that Japanese of or oh account of, or owing to, or which 6, 1950, the national interest of the Association of America is not within a is evidence of ownership or control by United States required that such persons designated enemy country, the national the aforesaid nationals of a designated be treated as nationals of a designated enemy country (Germany) ; enemy country (Germany) on such date. interest of the United States requires All determinations and all action re that such person be treated as a national and it is hereby determined: quired by law, including appropriate con of a designated enemy country (Japan). 6. That to the extent that the person sultation and certification, having been All determinations and all action re named in subparagraph 1 hereof and the made and taken, and it being deemed quired by law, including appropriate domiciliary personal representatives, necessary in the national interest, consultation and certification, having heirs-at-law, next of kin, legatees, dis There is hereby vested in the Attorney been made and taken, and, it being tributees and assignees, names unknown, General of the United States the prop deemed necessary in the national inter of Carl Gneist, deceased, are not within erty described above, to be held, used, est, a designated enemy country, the na administered, liquidated, sold or other There is hereby vested in the Attorney tional interest of the United States re wise dealt with in the interest of and General of the United States the prop quires that such persons be treated as for the benefit of the United States. erty described above, to be held, used, nationals of a designated enemy country This vesting order is issued nunc pro administered, liquidated, sold or other (Germany). tunc tft confirm the vesting of the said wise dealt with in the interest of and for All determinations and all action property by acceptance as aforesaid. the benefit of the United States. required by law, including appropriate The terms “national” and “designated The terms “national” and "designated ^consultation and certification, having enemy country” as used herein shall have enemy country” as used herein shall been made and taken, and, it being the meanings prescribed in section 10 of have the meanings prescribed in section deemed necessary in the national inter Executive Order 9193, as amended. 10 of Executive Order 9193, as amended. est, There is hereby vested in the Attorney Executed at Washington, D. C., on Executed at Washington, D. C., on January 19, 1951. January 19, 1951. General of the United States the prop erty described above, to be held, used, For the Attorney General. For the Attorney General. administered, liquidated, sold or other [seal] H arold I. B aynton, [seal] H arold I. B aynton, wise dealt with in the interest of and for Assistant Attorney General, Assistant Attorney General, the benefit of the United States. Director, Office of Alien Property. Director, Office of Alien Property. The terms “national” and “designated [F. R. Doc. 51-1982; Filed, Feb. 7, 1951; [F. R. Doc. 51-2048; Filed, Feb. 8, 1951; enemy country” as used herein shall 8:56 a. m.] 8:54 a. m.] have the meanings prescribed in sec- 1262 NOTICES

tion 10 of Executive Order 9193, as erty described above, to be held, used, The terms “national” and “designated amended. administered, liquidated, sold or other enemy country” as used herein shall Executed at Washington, D. C., on wise dealt with in the interest of and for have the meanings prescribed in section January 19, 1951. % the benefit of the United States. 10 of Executive Order 9193, as amended. The terms “national” and “designated ¡Por the Attorney General. Executed at Washington, D. C., on enemy country” as used herein shall January 24,1951. [ seal] H arold I. B aynton, have the meanings prescribed in section Assistant Attorney General, 10 of Executive Order 9193, as amended. For the Attorney General. Director, Office of Alien Property. Executed at Washington, D. C., on [seal] H arold I. B aynton, [F. R. Doc. 51-2049; Piled, Feb. 8, 1951; January 19, 1951. Assistant Attorney General, 8:54 a. m.] For the Attorney General. Director, Office of Alien Property. [P. R. Doc. 51-1990; Plied, Feb. 7, 1951; [seal] H arold I. B aynton, 8:57 a.m.] [Vesting Order 17180] Assistant Attorney General, Director, Office of Alien Property. F ritz S traubel [F. R. Doc. 61-2050; Piled, Feb. 8, 1951; [Return Order 878] In re: Estate of Fritz Straubel, de 8:54 a. m.} ceased. File No. 017-25269. S h u n ji Matsuoka Under the authority of the Trading Having considered the claim set forth With the Enemy Act, as amended, Ex below and having issued a determination ecutive Order 9193, as amended, and [Vesting Order 17224] allowing the claim, which is incorporated Executive Order 9788, and pursuant to B arbara K uhnle (K uhule) et al. by reference herein and filed herewith, law, after investigation, it is hereby I t is ordered, That the claimed prop found: In re: Rights of Barbara Kuhnle erty, described below and in thè deter 1. That Gertrud Maeder and Karl (Kuhule) et al., under insurance con mination, be returned, subject to any Straubel, whose last known address is tract. File No. F-28-29797-H-1. increase or decrease resulting from the Germany, ¿re residents of Germany and Under the authority of the Trading administration thereof prior to return, nationals of a designated enemy country With the Enemy Act, as amended, Exec and after adequate provision for taxes (Germany); utive Order 9193, as amended, and Exec and conservatory expenses: 2. That the property described as fol utive Order 9788, and pursuant to law, lows: after investigation, it is hereby found: Claimant, Claim No., and Property a. All right, title, interest and claim 1. That Barbara Kuhnle (Kuhule), Shunji Matsuoka, Seattle, Wash.; Claim of any kind or character whatsoever of nee Hohn and Frieda Kuhnle (Kuhule), No. 6760; Notice of intention to return whose last known address is Germany, vested property published October 14, 1950 the' persons named in subparagraph 1 (15 P. R. 6928); $424.39 in the Treasury of hereof in and to the sum of $2,000 de are residents of Germany and nationals the United States. posited with the Union Title Guaranty of a designated enemy country (Ger Company, Pittsburgh, Pennsylvania, by many) ; Appropriate documents and papers Frank Aldridge and Margaret Aldridge 2. That the domiciliary personal rep effectuating this order will issue. on account of the purchase price of a resentatives, heirs, next of kin, legatees Executed at Washington, D. C., on certain parcel of real property situated and distributees, names unknown, of February 5, 1951, in Jefferson Township, Allegheny Coun Anna Kuhnle (Kuhule), deceased, who ty, Pennsylvania, containing ten (10) there is reasonable cause to believe are For the Attorney General. acres of land in three parcels, as set forth residents of Germany, are nationals of a [seal] P aul V. M yron, in Deed from Bertha Benedict to Fritz designated enemy country (Germany); Deputy Director, Straubel and Otto Schmelzer, dated 3. That the net proceeds due or to Office of Alien Property. April 10, 1926, and recorded in Recor become due under a contract of insur ance evidenced by policy No. 7270167, [P. R. Doc. 51-2052; Piled, Peb. 8, 1951; der’s Office of Allegheny County, Penn 8:55 a. m.] sylvania, in Deed Book Volume 2276, issued by the Prudential Insurance Com page 576; and pany of America, Newark, New Jersey, to b. That certain debt or obligation ow Anna Kuhnle (Kuhule), together with ing to Gertrud Maeder and Karl Strau the right to demand, receive and collect M aurice H enri Lemaire bel by Frank Aldridge and Margaret said net proceeds, is property within the NOTICE OP INTENTION TGf RETURN VESTED Aldridge arising out of the use and oc United States owned or controlled by, PROPERTY cupation of the real property described payable or deliverable to, held on behalf in subparagraph 2 (a) hereof, together of or on account of, or owing to, or Pursuant to section 32 (f) of the Trad with the right to demand, collect and which is evidence of ownership or con ing With the Enemy Act, as amended, enforce the same, trol by, the aforesaid nationals of a des notice is hereby given of intention to ignated enemy country (Germany); return, on or after 30 days from the date is property within the United States of publication hereof, the following prop owned or controlled by, payable or de and it is hereby determined: erty located in Washington, D. C., in liverable to, held on behalf of, or on 4. That to the extent that the persons cluding all royalties accrued thereunder account of, or owing to, or which is evi named in subparagraph 1 hereof and the and all damages and profits recoverable dence of ownership or control by, the domiciliary personal representatives, for past infringement thereof, after ade aforesaid nationals of a designated en heirs, next of kin, legatees and distribu quate provision for taxes and conserva emy country (Germany); tees, names unknown, of Anna Kuhnle tory expenses: (Kuhule), deceased, ?ire not within and it is hereby determined: a designated enemy country, the national Claimant, Claim No., and Property 3. That to the extent that the persons interest of the United States requires Maurice Henri Lemaire, Paris? France; named in subparagraph 1 hereof are that such persons be treated as nationals Claim No. 41772; property described in Vest not withifi. a designated enemy country, of a designated enemy country (Ger ing Order No. 666 (8 P. R. 5047, April 17, the national interest of the United States many). 1943), relating to United States Letters Pat requires that such persons be treated as ent Nos. 1,899,874; 1,922,895; 1,927,178; 2,004,- All determinations and all action re 051 and 2,007,400. nationals of a designated enemy country quired by law, including appropriate con (Germany). sultation and certification, having been Executed at Washington, D. C., on All determinations and all action re made and taken, and, it being deemed February 5, 1951. quired by law, including appropriate necessary in the national interest, For the Attorney General. consultation and certification, having There is hereby vested in the Attorney been made and taken, and, it being General of the United States the prop [seal] P aul V. M yron, deemed necessary in the national in erty described above, to be held, used, Deputy Director, terest, administered, liquidated, sold or other Office of Alien Property. There is hereby vested in the Attorney wise dealt with in the interest of and for .IP . R. Doc. 51-2053; Filed, Feb. 8, 1951; General of the United States the prop the benefit of the United States. ' 8:55 a. m.]