- O N A ^

VOLUME 11 \ 1934 ^ NUMBER 221 * ÜNlTtO ^

Washington, Wednesday, November 13, 1946

The President the Stabilization Act of 1942, as CONTENTS amended, and for the purpose of fur­ ther effecting an orderly transition from THE PRESIDENT EXECUTIVE ORDER 9799 war to a peace-time economy, it is E xecutive O rders: Pa§e hereby ordered as follows: Hoffman, Mrs. Mary L., authori­ Authorizing the S ecretary of S tate T o All controls heretofore in effect stabi­ zation of appointment to E xercise the Authority of the P r esi­ lizing wages and salaries pursuant to civilian position at Naval dent To Cla ssify P ositions O ccupied the provisions of the Stabilization Act of Powder Factory, In d ia n by Ch iefs of M issio n 1942, as amended, including any Execu­ Head, Md., without compli­ tive order or regulation issued there­ ance with Civil Service By virtue of the authority vested in me under, are hereby terminated; except^ Rules ______13435 by section 303 of the Foreign Service Act that as to offenses committed, br rights Positions occupied by chiefs of of 1946, approved August 13,1946 (Public or liabilities incurred, prior to the date Law 724, 79th Congress), and section 202 mission; authorization of hereof, the provisions of such Executive Secretary of State to exer­ of the Revised Statutes (5 U. S. C. 156), orders and regulations shall be treated and as President of the United States, I cise authority of President as still remaining in force for the pur­ to classify______13435 hereby authorize and direct the Secre­ pose of sustaining any proper suit, ac­ Wage and salary controls tary of State, in the interest of the in­ tion, or prosecution with respect to any adopted pursuant to Stabili­ ternal management of the Government, such right, liability, or offense. to exercise the authority vested in the zation Act, removal______13435 President by section 411 of the Foreign Harry S. T ruman REGULATIONS AND NOTICES Service Act of 1946 to classify into four T he W h ite House, classes the positions which are to be oc­ November 9,1946. Agriculture D epartment: cupied by chiefs of mission. Removal of wage and salary [F. R. Doc. 46-20338; Filed, Nov. 12, 1946; controls______13443 This order shall,become effective on 10:33 a. m.] Alien P roperty, Offic e o f : November 13, 1946. Vesting orders, etc.: Harry S. T ruman Baade, Ernest P. George____ 13444 Regulations Boger, Mrs. Emilie______13444 T he W h ite House, Brakhage, Kathrina, et al__ 13445 November 8, 1946. Chikuma & Co., Ltd______13445 [P. R. Doc. 46-20312; Piled, Nov. 8 , 1946;. Furuta, Frank S ______13446 4:29 p. m.] w TITLE 5—ADMINISTRATIVE Hansen, Augusta, et al_____ 13443 PERSONNEL King, Elizabeth P______13446 Civ il Aeronautics Administration : Chapter I—Civil Service Commission Aircraft registration certifi­ EXECUTIVE ORDER 9800 P art 60—Organization and Official cates; scope______13437 Dealers registration certifi­ uthorizing the ppointment of rs R ecords of the Co m m issio n 1 A A M . c a te s ,______13437 Mary L. Hoffman to a Civilian P o si­ INSPECTION DIVISION Procedure; aircraft registration tion at the Naval P owder F actory, certificates______13438 I ndian Head, M aryland, W ithout Section 60.14a is added to this part as Civ il Aeronautics B oard: Compliance W ith the Civ il S ervice follows : Hearings,, etc.: R ules § 60.14a Inspection Division. The In­ Braniff Airways, Inc. et al___ 13447 No te: Executive Order 9800, dated spection Division has been established to Cincinnati case_,______13446 November 8, 1946, was filed with the perform the following functions: To in­ Civ il S ervice Co m m issio n : Division of the Federal Register as Fed­ spect and review in the offices of the va­ Organization and' official rec­ eral Register Document No. 46-15750 rious agencies the carrying out of the va­ ords; inspection division__ 13435 (NP), on November 8,1946, at 4:29 p. m. rious personnel operations that have Civilian P roduction Administra­ been delegated and to secure adherence tio n : to the required standards and proce­ Priorities system operation (PR dures; to assist departments and agen­ 33, Sch. B ) ______1____ 13439 EXECUTIVE ORDER 9£01 cies in adhering to the policies, standards C ommodity E xchange Au th o rity: Trading, daily, and net positions R emoving W age and S alary Controls and procedures prescribed by the Com­ in cotton futures, reduction Adopted P ursuant to the S tabiliza­ mission for the administration of dele­ tion Act of 1942 gated authority; to inspect and review of limits; proposed rules__ 13438, 13446 By virtue of the authority vested in E conomic S tabilization, Of fic e o f: 1 11 F. R. 177A-362. we by the Constitution and statutes of Removal of wage and salary ine United States, and particularly by (Continued on p. 13437) controls______13443 13435 13436 FEDERAL REGISTER, Wednesday, November 13, 1946

CONTENTS—Continued CODIFICATION GUIDE—Continued

F ederal P ower Com m issio n : Page T it l e 3—T he P resident— Con. Page FEDEMLPjtEGISTER Hearings^ etc.: Chapter II—Executive Orders— 'V, 1934 Connecticut Light and Power Continued. Co______13452 9620 1------13435 Panhandle Eastern Pipe Line 96511------13435 Co------13452 9656 1------13435 1 Published daily, except Sundays, Mondays, F ederal P ublic Housing Au ­ 9672 1------13435 and days following legal holidays, by the t h o r ity : 96971------13435 Division of the Federal Register, the National Low-rent housing and slum 96991__------13435 Archives, pursuant to the authority contained clearance program; proce­ 97371------13435 in the Federal Register Act, approved July 26, dures and requirements: 1935 (49 Stat. 500, as amended; 44 U.S.C., ,9762 1------13435 ch. 8B ), under regulations prescribed by the Completion of developments 79799------13435 Administrative Committee, approved by the and project as whole___ 13439 49800------13435 President. Distribution is made only by the Dwelling units, utilization for J 9801 ______;______13435 Superintendent of Documents, Government nondwelling purposes__ 13439 T itle 5— Administrative P er­ Printing Office, Washington 25, D. C. I nternal R evenue Commissioner : sonnel: The regulatory material appearing herein is Removal of wage and salary Chapter I—Civil Service Com- keyed to the Code of Federal Regulations, controls______-______13443 which is published, under 50 titles, pursuant i mission: to section 11 of the Federal Register Act, as I nterstate Commerce Commission : ^ Part 60—Organization and amended June 19, 1937. Coal, unloading at Port Arthur, official records______13435 The F ederal Register will be furnished by Tex______13452 Title 14—Civil Aviation: mail to subscribers, free of postage, for $1.50 National W age S tabilization Chapter II—Administrator of per month or $15.00 per year, payable in ad­ B oard: j Civil Aeronautics: vance. The charge for individual copies Removal of wage and salary J Part 501—Aircraft registra­ (minimum 15$) varies in proportion to the controls______13443 size of the issue. Remit check or money tion certificates______13437 order, made payable to the Superintendent P rice Administration, O ffic e o f : ^ Part 502—Dealers’ registra­ of Documents, directly to the Government Preservation of records (SO 189, tion certificates______13437' Printing Office, Washington 25, D. C. Am. 1 )______-v 13442 v Part 651—Procedure______13438 There are no restrictions on the republica­ Rice, finished, and rice milling Title 17—Commodity and Secur­ tion of material appearing in the F ederal byproducts (2d Rev. MPR ities Exchanges: Register. 150, Am. 19)______, 13442 Chapter I—Commodity Ex­ Produced in South (2d Rev. change Authority: MPR 150, Order 3 )_____ 13453 Part 150—Orders of Coni-f NOW AVAILABLE R eciprocity I nformation Com­ modity Exchange Com-^ m itt e e: mission______13438, 13446 Code of Federal Regulations Trade agreement negotiations Title 22—F oreign Relations: 1945 Supplement (2 documents)______13447 Chapter I—Department of S ecu rities and E xchange C om­ I State: Book 1: Titles 1 through 9, in­ m issio n : .j i .’ - Part 1—Organization______13438 cluding, in Title 3, Presidential doc­ Hearings, etc.: •• * Part 2—Functions-______13438 uments in full text with appropriate Hoar, Samuel, and Edward R. Title 24—Housing Credit: reference tables. Langenbach______13453 J Chapter VI—Federal Public Southern Natural Gas Co. and Housing Authority: Book 2: Titles 10 through 14. Birmingham Gas Co____ 13454 * Part 610—Low-rent housing Book 3: Titles 15 through 32. Toledo Edison Co. and Cities and slum clearance pro­ Book 4: Titles 33 through 50. Service Co______13455 gram: procedures v (2 S tate D epartment. See also Reci­ These books may be obtained from the documents)______13439 Superintendent of Documents, Government procity Information Com­ Title 29—Labor: Printing Office, at $3 each. mittee. Chapter VI—National Wage Functions; Foreign Service j - Stabilization Board______13443 A limited sales stock of the 1944 Supple­ Boards______13438 ^. Chapter VHI—Commissioner of ment (3 books) is still available at $3 a Organization; basic organiza­ Internal Revenue______13443 book. tion of Department in Chapter IX—Department of Washington______13438 Agriculture (Agricultural Surplus property in foreign Labor)______13443 CONTENTS—Continued areas, disposal; importation Title 32—National Defense: into U. S ______13443 Chapter IX—Civilian Produc­ F ederal Communications Com m is- Page tion Administration: CODIFICATION GUIDE sio n : Note: Regulations and orders Hearings, etc.: A numerical list of the parts of the Code appearing under this chapter are Baltimore Broadcasting Corp. of Federal Regulations affected by documents listed only in the Table of Con­ published in this issue. Proposed rules, as tents, supra. (WCBM) et al____ ;____ 13448 opposed to final actions, are identified as such Four States Broadcasting in parentheses. Chapter X I—Office of Price Ad­ Corp. et al______13449 ministration: T itle 3—T he P resident : Page Huntington Park Broadcast­ Note: Regulations and orders ing Co------1______> 13451 Chapter II—Executive Orders: appearing under this chapter are 90171------13435 KTRB Broadcasting Co., Inc. listed only in the Table of Con­ 92501______13435 tents, supra. et al______13451 92991______13435 Las Cruces Broadcasting Co_ 13450 93281______13435 4 Chapter XVIII—Office of Eco- Matta Broadcasting Co_____ 13450 93811___ 13435 nomic Stabilization______13443 Radio Broadcasting Associ­ 95341 ------13435 Chapter XXIV—Department of ates______13450 . 95771 J ______13435 State, Disposal of Surplus Property: Seminole Broadcasting Co__ 13449 95991______1______13435 96171______13435 v Part 8508—Disposal of sur­ WPOR ______13452 plus property located in Wright, E. T ______13447 *E. O. 9801. foreign areas______13443 • FEDERAL REGISTER, Wednesday, November 13, 1946 1 3 4 3 7 the operations of Boards of Civil Service the manufacturer to the ultimate pur­ Authority: §§ 502.0 to 502.5, inclusive, Examiners and Committees of Expert Ex­ chaser, issued under secs. 308, 508, 52 Stat. 986, 1005; aminers, to evaluate their effectiveness, (2) It is necessary to provide imme­ 49 U. S. C. 458, 521. to report on the carrying out of their diate relief from the present registration § 502.0 General. The following regu­ functions and to secure adherence to the requirements of Part 501 of the Regula­ lations are prescribed for the application required standards and procedures; to tions of the Administrator of Civil Aero­ for aircraft registration certificates by present to the Commission current and nautics insofar as they pertain to such persons engaged in the business of man­ accurate information as to the scope, aircraft, ufacturing or distributing new aircraft content, effectiveness and equity of agen­ (3) This section of the aircraft indus­ or the sale of such aircraft. A person cy personnel management programs; to try, through its authorized representa­ not engaged in such activities shall make recommend to the Commission necessary tives, has requested relief in the form of application for an aircraft registration changes in policies and practices to bet­ an alternate form of registration for air­ certificate in accordance with the provi­ ter personnel management in the Fed­ craft owned by manufacturers, distribu­ sions of Part 501 of the regulations of the eral service; to improve agency person­ tors, or dealers and operated in the nor­ Administrator of Civil Aeronautics. nel programs by rendering personnel mal trade channels from the manufac­ management advisory service and serv­ turer to the ultimate purchaser; and § 502.1 Application. Application for ing as a clearing house for the exchange finding that : a dealers’ registration certificate shall be of information among agencies on the (1) The industry as well as the ulti­ made upon a form prescribed by the most efficient and economical personnel mate purchaser of civil aircraft will Administrator. management policies, procedures and greatly benefit by the hèreinafter pre­ § 502.2 Requirements. To be eligible practices. scribed regulations which provide for an for a dealers’ registration certificate an (Pub. Law 404, 79th Cong.) alternate form of registration for aircraft applicant shall be a citizen of the United owned by manufacturers, distributors, or States1 with an established place of busi­ [seal] U nited S tates Civ il S erv­ dealers and which are operated in normal ness located in the United States or any ic e Commission, trade channels, Territory or possession of the United Harry B. M itch ell, (2) That this alternate form of regis­ States, engaged in the following activi­ President. tration has been endorsed by such man­ ties: [P. R. Doc. 46-20267; Filed, Nov. 12, 1946; ufacturers, distributors, and dealers (a) The manufacture of new aircraft, 8:47 a. m.] through their authorized representatives, or as a material benefit and a relief from (b) The distribution or sale of new air­ the burden of the present registration craft under authority of a franchise, li­ requirements. cense, letter of authority, agreement, or (3) That this alternate form of regis­ other arrangement from the manufac­ TITLE 14—CIVIL AVIATION tration does not affect persons other turer or his authorized agent. than the manufacturers, distributors of, Chapter II—Administrator of Civil Aero­ and dealers in new civilian aircraft; now, § 502.3 Limitations. nautics, Department of Commerce therefore, acting pursuant to the author­ § 502.31 Operation, (a) A dealers’ Part 501—Aircraft R egistration ity vested in me by section 308 and 501 of registration certificate shall not be valid the Civil Aeronautics Act of 1938, as Certificates for the operation of an aircraft by a per­ amended (52 Stat. 986, 1005; 49 U. S. C. son other than the person to whom the scope 458, 521) I hereby adopt the following certificate was issued or his authorized October 9, 1946. regulations of the Administrator of Civil employee or agent. Aeronautics to read as follows: Acting pursuant to the authority vested (b) A dealers’ registration certificate Basis and purpose. Part 502, Deal­ is valid solely for a new aircraft owned in me by sections 308 and 501 of the Civil ers’ Registration Certificates, was adopt­ Aeronautics Act of 1938, as amended, I by the person to whom the certificate ed to facilitate the operation of new ci­ was issued and which is being operated, hereby amend Part 501 of the regulations vilian aircraft in the ordinary trade of the Administrator of Civil Aeronautics (1) in the ordinary trade channels be­ as follows: channels from the manufacturer to the tween any two of the following persons: ultimate purchaser without imposing By adding a new section, § 501.0, to the manufacturer, the distributor, the upon the manufacturer, distributor, and dealer, or the purchaser from such per­ read as follows: the dealer the burden of applying for an sons, or (2) for demonstration purposes individual registration certificate for § 501.0 Scope. Except as provided in necessary to, the sale of the aircraft, or Part 502 of the regulations of the Ad­ each aircraft purchased or sold as re­ ministrator of Civil Aeronautics with re­ quired under the registration provisions local production flight tests. spect to dealers’ registration certificates, of Part 501. A dealers’ registration cer­ § 502.32 Transfer of ownership. the requirements for aircraft registration tificate is valid for aircraft owned by the Whenever the ownership of an aircraft is certificates shall be as prescribed in this person to whom such certificate was is­ transferred to a person who is not the part. sued and is an alternate form of the reg­ possessor of a valid dealers’ registration istration of civil aircraft prescribed by certificate, the purchaser shall make ap­ <52 Stat. 986, 1005; 49 U. S. C. 458, 521) Part 501 of the regulations of the Ad­ This amendment shall become effective ministrator of Civil Aeronautics. Only plication for registration of the aircraft November 15,1946. those persons engaged in the business of in his name in accordance with the pro- manufacturing or distributing new air­ T . P. W right, craft, or the sale of such aircraft may Administrator of Civil Aeronautics. *As defined by section 1 (13) of the Civil obtain one or more dealers’ registration Aeronautics Act of 1938, “ ‘Citizen of the [P. R. Doc. 46-20178; Filed, Nov. 12, 1946; certificates issued under the provisions United States’ means (a) an individual who 8:48 a. m.] of this part. If such manufacturer, dis­ is a citizen of the United States or of one of tributor, or dealer does not wish to ob­ its possessions, or (b) a partnership of which tain a dealers’ certificate, registration each member is such an indi vidua Vor (c) a should be accomplished as prescribed in corporation or association created or organ­ P art 502—D ealers R egistration Part 501 of the Regulations of the Ad­ ized under the laws of the United States or Certificates ministrator of Civil Aeronautics. of any State, Territory or Possession of the Sec. United States, of which the president and It appearing that: (1) The manufac­ two-thirds or more of the board of directors turers and distributors of, and dealers in, 502.0 General. 502.1 Application. and other managing officers thereof are such new civilian aircraft are burdened with 502.2 Requirements. Individuals and in which at least 75 per multiple registration and service fees in 502.3 Limitations. centum of the voting interest is owned or connection with new civilian aircraft 502.4 Rules. controlled by persons who are citizens of the oving in normal trade channels from 502.5 Notice. United States or of one of its possessions.” 13438 FEDERAL REGISTER, Wednesday, November 13, 1946 visions of Part 501 of the regulations of of the aircraft by the Civil Aeronautics 502 of the regulations of the Administra­ the Administrator of Civil Aeronautics Administration is not evidence of owner­ tor of Civil Aeronautics (Part 502 of this (Part 501 of this chapter) prior to the ship in any proceeding in which owner­ chapter). operation of the aircraft.2 ship by a particular person is or may be, (52 Stat. 986, 1005, Pub. Law 404, 79th in issue. Cong.; 49 U. S. C. 458, 521) § 502.4 Rules. (1) Effective November 15, 1946, air­ § 502.41 Display. The dealers’ regis­ craft registration other than Dealers’ T . P. W right, tration certificate shall be prominently Aircraft Registration will be accom­ Administrator of Civil Aeronautics. displayed in the aircraft during its op­ plished by the use of Form ACA 500 (re­ November 6, 1946. vised September 23, 1946). This form eration by the person to whom the cer­ [P. R. Doc. 46-20179; Piled, Nov. 12, 1946; tificate was issued, or his authorized em­ contains three parts: Part A, Registra­ 8:47 a. m.] ployee or agent. tion Certificate, Part B, Application for Registration, and Part C, Bill of Sale. § 502.42 Duration. A dealers’ regis­ (1) Application and fee. The appli­ tration certificate shall expire one year cant for such registration certificate will TITLE 17—COMMODITY AND from the date of issuance thereof. execute the original and duplicate of § 502.43 Transferability. A dealers’ Part A and Part B, retain the original of SECURITIES EXCHANGES registration certificate is not transfer­ Part B in the aircraft as a temporary Chapter I—Commodity Exchange Author­ able. registration for 60 days, and mail all ity (including Commodity Exchange duplicates of Parts A, B, and C together § 502.5 Notice. The holder of a deal­ Commission) ers’ registration certificate shall notify with the original of Part A and a regis­ the Administrator immediately of any tration fee of $5.00 to the Director, Air­ P art 150—Orders of the Commodity change which affects his status as a citi­ craft and Components Service, Atten­ E xchange Commission zen of the United States as defined in tion: Certification and Recordation Sec­ tion, Civil Aeronautics Administration, Cross R eferen ce: For notice of pro­ section 1 (13) of the Civil Aeronautics posed rules under this part, see F. R. Act of 1938, or other change of the con­ Washington 25, D. C. Effective November 15, 1946, Certifi­ Doc. 46-20287, Commodity Exchange duct of his business which affects his eli­ Commission, in Notices section, infra. gibility for a dealers’ registration certifi­ cates of Ownership (Form ACA 1160) will not be issued by the Administration. cate. However, such certificates issued prior to § 502.6 Definition. As used in this November 15, 1946, may be used subse­ part, the term “new aircraft” means an quent to that date in effecting the trans­ TITLE 22—FOREIGN RELATIONS aircraft which has recently been manu­ fer of ownership of an aircraft if it is Chapter I—Department of State factured and is moving in the ordinary accompanied by the registration fee of trade channels from the manufacturer $5.00. If the Form ACA 1160, Certificate Subchapter A—The Department and the Foreign to the ultimate purchaser. Except that, of Ownership is not used in effecting the Service the term “new aircraft” shall not include transfer of ownership, it should be sur­ Organization and F unctions surplus military aircraft or aircraft not rendered at the time the next applica­ manufactured in the United States. tion is made on Form ACA 500 (revised Under authority contained in R. S. 161 September 23, 1946) for the registration (5 U. S. C. 22), and pursuant to section 3 These regulations shall become effec­ of the Administrative Procedure Act of tive November 15, 1946. of the aircraft. g t (ii) Requirements. For the evidence 1946 (60 Stat. 238) and the Foreign Serv­ T . P . W right, required for the issuance and the general ice Act of 1946 (Public Law 724, 79th Administrator of Civil Aeronautics. rules pertaining to registration of air­ Cong.), Title 22 of the Code of Federal Regulations is hereby amended. [P. R. Doc. 46-20178; Filed, Nov. 12, 1946; craft, see Part 501 of the regulations ol, 8:48 a. m.] the Administrator of Civil Aeronautics P art 1—Organization (Part 5Q1 of this chapter). (2) Dealers’ (aircraft) registration Section 1.2 (a) (11 F. R. 177A-2) is certificate. (Form ACA-1707) provides amended to read as follows: P art 651—P rocedure op the Civ il an alternate form of registration permit­ § 1.2 Basic organization of the De­ Aeronautics Administration ting the operation of new civil aircraft partm ent in Washington. * * * Acting pursuant to the authority owned by the certificate holder, such as (a) Secretary oj State. vested in me by the Civil Aeronautics manufacturer, distributor, or dealer, Special Assistants to the Secretary; Act of 1938, as amended (52 Stat. 986- while such aircraft, are in normal trade Assistants to the Secretary; 1005; 49 U. S. C. 458, 521), and in ac­ channels. Advisers to the Secretary; cordance with the Administrative Pro­ (i) Application and fee. Application Secretary’s Staff Committee; cedure Act (Public Law 404, 79th Con­ is made on a form, “Application for Is­ Central Secretariat; gress, 2d session), I hereby amend Part suance of Dealers’ Aircraft Registration Board of .the Foreign Service—Board of Ex­ 651 (11 P. R. 177A-319) of the Procedure Certificate(s) ” (ACA-1706) which re­ aminers for the Foreign Service. of the Civil Aeronautics Administration quires a statement of the citizenship of Section 1.2 (g) (6) (11 F. R. 177A-3) as follows: the dealer and certain data as to his is amended by changing the first line status as a bona fide dealer in new air­ 1. By amending § 651.31 (c) to read as under “Office of the Foreign Service” to craft. An application containing current read: “Director General of the Foreign follows: data must be submitted each time cer­ Service, Deputy Director General of the § 651.31 Aircraft certificates. * * * tificates are requested and may cover as Foreign Service, and Executive Officer;” (c) Aircraft registration certificates. many certificates as are desired at that An aircraft registration certificate is time. This application is obtained from, P art 2—F unctions conclusive evidence of the nationality of and is submitted to, the Aircraft and Section 2.10 (11 F. R. 177A-5) is the aircraft for international purposes, Components Branch of the Regional Of­ amended to read as follows: but not in any proceeding under the laws fice for the area in which the applicant’s of the United States. The registration business is located. A fee of $5.00 is § 2.10 Foreign service boards, (a) charged for the first certificate, and $1.00 The Boârd of the Foreign Service makes * Upon the transfer of the ownership of the for each additional or subsequent cer­ recommendations to t the Secretary of aircraft to a person who is not the possessor tificate, issued to the same dealer. Cer­ State concerning the'functions, admin­ of a valid dealers’ registration certificate, the tificates are valid for twelve months from istration, and management of the For­ parties to the sale will execute the new form date of issuance. Duplicates will not be eign Service, and has such other duties ACA 500 in accordance with the instructions issued. as are or may be prescribed by statute or on the reverse side thereof. The portion by regulation of the Secretary of State. marked “Part B” shall be retained in the air­ (ii) Requirements. For further in­ craft and will entitle the purchaser to op­ formation as to the requirements per­ (b) The Board of Examiners for the erate the aircraft for 60 days pending regis­ taining to the issuance and use of Deal­ Foreign Service, in accordance with reg­ tration in his name by the Administrator. ers’ Registration Certificates see Part ulations prescribed by the Secretary of FEDERAL REGISTER, Wednesday, November 13, 1946 13439

State, and under the general supervision TITLE 32—NATIONAL DEFENSE (Schedule A lists the building materials of the Board of the Foreign Service, pro­ for which HH ratings can be used by vides for and supervises examinations to Chapter IX—Civilian Production builders and other authorized persons be given to candidates for appointment Administration and tells how they use these ratings.) to the Foreign Service, and provides for Authority: Regulations in this chapter This October 14th amendment of the procedures necessary to determine unless otherwise noted, at the end of docu­ Schedule B makes some changes and their loyalty to the United States and ments affected, issued under sec. 2 (a), 54 clarifications in the provisions of the their attachment to the principles of the Stat. 676, as amended by 55 Stat. 236, 56 Stat. schedule as originally issued on August Constitution of the United States. 177, 58 Stat. 827, and Public Laws 270 and 27, 1946. 475, 79th Congress; Public Law 388, 79th The most important changes made by (R. S. 161, Sec. 3, 60 Stat. 238, Pub. Law Congress; E. O. 9024, 7 F. R. 329; E. O. 9040, 724, 79th Cong., 5 U. S. C. 22) 7 F. R. 527; E. O. 9125, 7 F. R. 2719; E. O. 9599, this amendment affect the following: 10 F. R. 10155; E. O. 9638, 10 F. R. 12591; The list of set-aside materials, the set- This regulation is effective as of No­ C. P. A. Reg. 1, Nov. 5, 1945, 10 F. R. 13714; aside provisions for some listed materials, vember 13, 1946. Housing Expediter’s Priorities Order 1, Aug. the “extension” of ratings for some ma­ [seal] D ean Acheson, 27, 1946, 11 F. R. 9507. terials (see paragraph (e) below), the Acting Secretary of State. record-keeping requirements, and dis­ P art 944—R egulations Applicable to the tributors’ division of total sales between [F. R. Doc. 46-20174; Filed, Nov. 12, 1946; Operations of the P rio rities S ystem other distributors and users. 8:48 a. m.] [Priorities Reg. 33, Schedule B as Amended When any material is mentioned by Nov. 12, 1946] name in this schedule, the material is the same as the corresponding item on Section 944.54b Schedule B to Priori­ Schedule A, unless lit is specifically made TITLE 24—HOUSING CREDIT ties Regulation 33 is amended to read as follows: less inclusive than the Schedule A item. Chapter VI—Federal Public Housing In no case does it include anything not PURPOSE AND SCOPE OP SCHEDULE B included in the Schedule A item. Authority Par. The provisions of this Schedule B ap­ (a) What this schedule does. Part 610—Lo w -R ent H ousing and S lum ply to HHH ratings since they are to be Clearance P rogram: P rocedures DEFINITIONS treated exactly the same as HH ratings (b) Definitions. except in one respect—the HHH rating COMPLETION OF DEVELOPMENTS AND PROJ­ EXTENSION OF RATINGS has a higher priority than the HH rating. ECTS AS A WHOLE The provisions of this Schedule B apply (c) What “extension” of ratings means. to “certified-HH” ratings only where spe­ Paragraph (b) of § 610.2211 has been (d) HHH and HH ratings are not extendible amended, effective November 7, 1946, to by manufacturers. cifically mentioned below. This is be­ read as follows: (e) When HHH and HH ratings are extendi­ cause there are special rules for certified- ble. HH ratings, as explained in Direction 11 § 610.221 Completion of developments (f) Special rule for “certified-HH” ratings. to PR-33. and project as a whole. SET-ASIDE PROVISIONS This schedule does not apply to the (b) Closing of development account. ‘¿Lumber Materials” group listed on After the last day of the 18th month (g) Materials subject to set-asides. Schedule A because they are covered by (h) Who makes set-asides. other orders (currently, Direction 1 to after the end of the calendar quarter in (i) 'How the set-aside works. which a development becomes ready for (J) Set-aside of existing inventory. PR-33 and Order L-358). occupancy, the Local Authority shall in­ (k) Effect of changed definitions. This schedule also does not apply to cur no further obligations chargeable to deliveries of “prefabricated houses, sec­ "CEILING” PROVISIONS tions, and panels” manufactured under development cost, except as provided in (l) Purpose of “ceiling”. Direction 8 to PR-33 because they are § 610.206 (c) (3). (m) Operation of “ceiling”. covered by that direction. However, (50 Stat. 888; 42 U. S. C. 1401-1430) (n) Ceilings for materials for which HHH “prefabricated houses, sections, and and HH ratings are not extendible. panels” which are not manufactured Approved: November 6, 1946. (o) Ceilings for materials for which HHH and HH ratings are extendible. under that direction are covered by this D. S. M y e r , Schedule B. APPORTIONMENT OF SALES BETWEEN USERS AND DEFINITIONS Commissioner. OTHERS [F. R. Doc. 46-20169; Filed, Nov. 12, 1946; (p) Minimum percentage for users. (b) Definitions. For the purposes of 8:50 a. m.] (q) Special rule for nails. this schedule: (r) Exclusion of certain quantities from (1) “Distributor” means any of the ceilings and set-asides. following: (s) Inclusion of direct shipments in figur­ (1) A person (including, but not limit­ ing ceilings and set-asides. ed to, wholesalers, jobbers, dealers) who Part 610—Low-R ent Housing and S lum OTHER SPECIAL PROVISIONS sells to users. Clearance P rogram: P rocedures (t) Rated orders must be accepted. (ii) A retail outlet (including, but not UTILIZATION OF DWELLING UNITS FOR NON­ (u) Manufacturer’s scheduling for HHH, HH, limited to, the following: mail order DWELLING PURPOSES and CC ratings. houses, department stores, hardware stores, appliance stores, appliance sales Part 610 is hereby amended, effective (v) Materials for which manufacturers need not accept any HHH or HH rated or­ departments of public utility companies, November 15,1946, by adding a new sec­ ders. etc.) tion thereto as follows: v (w) Refusal of outside-area orders. (iii) A manufacturer’s factory branch (x) Applicability of this schedule to AAA sales offices which sell to users. § 610.419 Utilization of dwelling units rated orders. for non-dwelling purposes. The Local (iv) A manufacturer (to the extent Authority shall not convert any dwelling RECORDS that he sells directly to users and not (y) Records. unit to non-dwelling use without the through factory branch sales offices). Prior approval of the FPHA. MISCELLANEOUS PROVISIONS (2) “User” means any person who buys for use instead of for resale. This (50 Stat. 888; 42 U. S..C. 1401-1430) (z) Technical provisions. includes, but is not limited to, the follow­ (aa) Communications. ing: Approved: November 6, 1946. PURPOSES AND SCOPE OF SCHEDULE B (i) A builder, prefabricator, or house D. S. M y er , (a) What this schedule does. This trailer manufacturer. Commissioner. Schedule B explains special rules for the (ii) A person buying from a retail out­ [F- R. Doc. 46-20170; Filed, Nov. 12, 1946; handling of rated orders (AAA; MM; let. ______8:50 a. m.J HHH; HH and CC) by people who sell (iii) A person buying for a structure, most of the building materials listed in property, or installation owned, occupied, form erly § 601.221 (10 F. R. 7321) Schedule A to Priorities Regulation 33. or managed by him. 13440 FEDERAL REGISTER, Wednesday, November IS, 1946y

(iv) A person who installs what he (f) Special rule for certified-HH rat­ by the supplier who gets that material sells (such as a plumbing contractor, ings. “Certified-HH” ratings may be is­ from the manufacturer (since HHH and wiring contractor, etc.) The perform­ sued, under Direction 11 to PR 33, for HH ratings are extendible to the sup­ ance of such service as the mere connect­ the following materials, for use in FPHA plier who buys from the manufacturer): ing of a stove to an existing gas line in projects: building board, cast iron soil a structure does not constitute “install­ pipe, and gypsum board. A “certified- Nails ing” for the purpose of this definition. HH” rating is extendible to suppliers, in­ Tubing, copper—sizes % ” to 1” , in­ cluding manufacturers. EXTENSION OF RATINGS clusive, only SET-ASIDE REQUIREMENTS Tubing (copper) fittings—solder pres­ (c) What “extension” of ratings sure types for inclusive, tub­ means. Some of the new provisions of (g) Materials subject to set-aside. ing this schedule involve the matter of “ex­ The materials to be set aside and the tension” of ratings. This matter is ex­ set-aside amounts for each are as fol­ In the case of any of the other set- plained in Priorities Regulation 3, but a lows. These are called “set-aside mate­ aside materials, the set-aside must be brief generalized explanation is as fol­ rials”. (Paragraph (i) below explains made by the distributor (since he gets lows (this is merely explanatory and its how the set-aside works.) his supply without extending HH rat­ application to particular materials de­ ings) . pends on the various provisions in the Materials (same as corre­ (i) How the set-aside works. The set- schedule). sponding Schedule A items Set-aside amounts aside requirement applies to each ship­ In general, people may place rated unless otherwise specified) ment of a set-aside material received by orders in one of two ways (the distinction a person responsible for the set-aside. between the two is im portant): Bath tubs------95% by units. Out of each such shipment received, he By “application .” Building board...... 75% by sq. ft. (1) When a rating Doors and frames, metal 2— 75% by units. must set aside the amount shown for the is used by a person to whom it was orig­ Fittings and trim for bath­ “ M a tc h -u p ” material and deliver it only on rated or­ inally issued (or by a person he has au­ tubs, kitchen sinks, lava­ amounts.1 tories, water closets.1 ders (including AAA, but not including thorized to use it), he is “applying” it to Furnaces, floor and wall *----- 95% by units. “certified HH” orders placed for FPHA his supplier. Furnaces, warm air______75% by units. projects under Direction 11 to Priorities Gypsum board and lath____ 85% by sq. ft. (2) By “extension” When a person Kitchen sinks and under­ 75% by units. Regulation 33). He must not deliver set- receives a rated order from a customer sink cabinets. aside amounts on any unrated order, and passes the rating on to his supplier, Lavatories______90% by units. Nails3...... 50% by weight even if he does not have or receive any he is “extending” the rating. The cases Pipe, sewer, clay—4", 5", 6" 75% by produc­ rated orders, unless he gets permission in which HHH and HH ratings may be only. er’s billin g price. to do so. extended are explained below. Pipe, soil, cast iron (and 90% by produc­ He may get this permission, only for (d) HHH and HH ratings are not ex­ fittings) under 5" only. er’s b illin g price. materials set aside during the preceding tendible by manufacturers. HHH and Prefabricated houses, sec- 100% by units. month or months, by applying to the ap­ HH ratings are never eectendible by man­ . tions, panels* (not pro­ propriate Regional Housing Expediter of ufacturers (as such). * duced under Dir 8 to PR 33). the National Housing Agency at the ad­ (e) When HHH and HH ratings are Radiation...... 75% by sq. ft. of dresses shown in Appendix I at the end extendible. In general, distributors and heating surface (or, in the case of this schedule. (For Puerto Rico and other suppliers may not extend HHH and of convectors.. the Virgin Islands application should be HH ratings. However, they may extend without enclo­ sures, prodxic- made to the CPA District Manager, San such ratings for certain materials, sub­ er’s billin g Juan, Puerto Rico.) He should apply on ject to certain conditions. In these price). Form NHA 14-94 (obtainable at the ad­ cases, the ratings may be extended by Tubing, copper,2 sizes %" to 75% by weight. 1" inclusive only. dresses listed), indicating the amount he them to get the material to be delivered Tubing (copper) fittings2— 75% by billing is holding. The Regional Housing Ex­ on the rated orders involved. The pro­ solder pressure types only, price. pediter (or other authorized official) will cedure for extending ratings is explained .for inclusive, tub­ ing). release this only when he is unable to in Priorities Regulation 3. Water closets, tanks, and 90% by units. arrange for HHH or HH orders to be (1) Limited' extendibility. For the bowls. Water heaters «—following 60% by units. placed, and usually only where the ma­ following materials,1 HHH and HH rat­ types only: (a) storage terials have been held for at least two ings may be extended to suppliers except type—gas and electric di­ rect-fifed—40-gal. storage ca­ weeks after making application. manufacturers (as such): pacity or less; (b) indirect (j) Set-aside of existing inventory. coil heaters—domestic For each material added to the set-aside type; (c) gas side-arm. Window sash and frames, 75% by units. list by an amendment of this Schedule, Nails. metal.2 Pipe, steel and wrought iron. the set-aside requirement also applies to Pipe fittings (cast and malleable). the inventory of that material on hand Pipe nipples, steel and wrought iron. on the date they were added. There­ 1 “Match-up” amount. The set-aside amount for this Sheet, copper. item is the amount needed to equip the amount of the fore, the person responsible for the set- Sheet, galvanized steel. fixture involved that the distributor has in his set aside aside must set aside the required part Tubing, copper. plus the amount he has delivered, on rated orders, with of his inventory on that latter date and Tubing (copper) fittings. an agreement to deliver fittings and trim later. While this requires him to match up amounts of fittings and deliver it as explained in paragraph (i) trim with amounts of fixtures, it does not prevent him above. The materials involved are from selling one without the other, if he gets rated orders calling for only the one or the other. identified by a footnote in the set-aside (2) Complete extendibility. For the a These materials were added to the set-aside list on list of paragraph (g) above. following materials,1 HHH and HH rat­ October 14,1946. 3 This material was added to the set-aside list on No­ (k) , Effect of f hanged definitions. For ings may be extended to suppliers, in­ vember 12,1946. the materials which were on the set- cluding manufacturers (asfsuch): (fi) Who makes set-asides. The per­ aside list before October 14, 1946, the son responsible for making a set-aside types subject to set-aside were affected Brick, common and face, clay. depends on the particular material in­ by changes in definitions. All materials Brick, sand lime. , have been limited by Schedule A to “resi­ volved. Concrete block and brick. dential” types and, in addition, changes Tile, structural clay. In the case of any of the following materials,1 the set-aside must be made have been made in some specific defini­ tions in Schedule A (“building board,” “warm air furnaces”) . As a result, some 2 When any material is mentioned by name 1 When any material is mentioned by name in this schedule, the material is the same as in this schedule, the material is the same material held in set-aside may include the corresponding item on Schedule A, unless as the corresponding item on Schedule A, types which are not now covered by the it is specifically made less inclusive than the unless it is specifically made less inclusive definitions. In any such case, those Schedule A item. In no case does it include than the Schedule A item. In no case does types are automatically released from anything not included in the Schedule A it include anything not included in the item. Schedule A item. the set-aside. \ FEDERAL REGISTER, Wednesday, November 13, 1946 13441

“ c e il in g ” p r o v is io n s which HHH and HH ratings are extend­ percentage to users and should do so ible to any supplier except a manufac­ when it will help the Veterans’ Emer­ (l) Purpose of “ceiling” The purpose turer (as such), a percentage ceiling ap­ gency Housing Program. While this per­ of the ceiling is to put a limit on the plies to the supplier who gets his supply centage requirement is an exception amount of his supply a person has to use from the manufacturer (as such). The from the rules of Priorities Regulation 1, in filling rated orders. It is not neces­ amount of the percentage ceiling depends the other rules of that regulation apply sary to hold any supply in expectation of on the material involved. to his handling of rated orders from receiving rated orders unless the mate­ (i) Set-aside materials. For any set- users. rial involved is in the “ set-aside” list of aside material, the ceiling is the amount (q) Special rule for nails. An expan­ paragraph (g) above. sion of this minimum-percentage rule (m) Operation of “ceiling.” A person required to be set aside. This applies to the following materials:1 applies to persons who sell “nails” \ If who is required to fill rated orders for a such a person ever sold “nails” in the last Schedule A material does not have to two years, to users, he must accept rated use more than his “ceiling” amount to fill Nails Tubing, copper—sizes % " to 1” , inclu­ orders from users and fill them to the ex­ such orders. (AAA rated orders are an tent of his ceiling in preference to all exception to this rule. While amounts sive, only. Tubing (copper) fittings—solder pres­ unrated orders from any person and in delivered on AAA orders may be charged sure types only, for inclusive, preference also to all comparably rated against the ceiling, a person may not' re­ tubing. orders from other suppliers. fuse to fill a AAA rated order merely on (r) Exclusion of certain quantities the ground that it will exceed his ceil­ (ii) [Deleted Nov. 12, 1946.1 from ceilings and set asides. In the case ing.) (iii) Other “limited-extendibility” ma­ of materials for which a distributor’s Except for the set-aside items listed ceiling or set-aside requirements are in paragraph (g) above, the distributor teria ls. For any other “limited extensi­ bility” material, the ceiling is 75% of the based on deliveries to users, his ceiling may set his own unit of measure in fig­ and set-aside figuring does not have to uring the ceiling. Ordinarily, the cus­ total quantity delivered during the tomary way of billing the material in the month. This applies to the following include amounts delivered to persons materials:1 who are not users which are made in con­ industry should be used, such as units formity with paragraph (p) above. on things like stoves, pounds for insu­ (This rule does not apply to any mate­ lated copper wire, square feet for screen Pipe, steel and wrought iron. rials for which ratings are extendible. cloth, etc. For the set-aside items, the Pipe fittings, screwed (cast and malle­ See paragraph (e) above). unit of measure is specified in the set- able) . For instance, where a manufacturer aside list. Pipe nipples, steel and wrought iron. of sinks makes some deliveries directly The figuring and application of ceil­ Sheet, copper. Sheet, galvanized steel. to users, those deliveries are subject to ings depend on whether or not HHH and this schedule and he is a “distributor” HH ratings are extendible for the par­ Tubing, copper—sizes over 1” but not over 3” . with respect to them. However, the set- ticular material involved. The follow­ Tubing (copper) fittings—solder pres­ aside and ceiling provisions of this sched­ ing paragraphs (n) and (o) explain this sure types for tubing over 1 ” but not ule do not apply to the rest of his de­ in more detail. over 3", and flare and drainage types liveries, if they are not made to users. (n) Ceilings for materials for which for % "-3", inclusive, tubing. Also, where a person delivers to a dis­ HHH and HH ratings are not extendible. tributor, the set-aside and ceiling provi­ In the case of materials for which HHH sions do not apply to the person making and HH ratings are not extendible, the siee paragraph (3) below about ceilings the delivery for those quantities but do ceiling applies to the distributor only. for other suppliers of these materials. apply to the person who receives them. The figuring and application depend on (3) Ceiling for other suppliers of “ex- This is an example of the rule. If a dis­ whether the material is on the set-aside tendibility” materials. In the case of a tributor receives 100 sinks, he would nor­ list of paragraph (g) above. material for which HHH and HH ratings mally be required to set aside 75 (75% (1) Materials not on set-aside list. If are extendible, the ceiling for any dis-. of 100) of them for delivery on rated the material is not on the set-aside list, tributor or other supplier who extends orders. If, however, he legitimately de­ the ceiling is 75% of the distributor’s de­ the rating is generally the amount he gets livers 40 of the 100 to another distributor, liveries to users during the month. by extending those ratings. He must re­ then he need apply the set-aside provi­ (2) Set-aside materials. If the ma­ deliver these (or equivalent) amounts on sions to 60 sinks only and set aside 45 terial is. on the set-aside list, the ceiling the orders bearing the ratings he ex­ (which is 75% of 60). is the amount required to be set aside tended. Generally, the amount he gets However, in these cases he must make (paragraph (g) above). without extending ratings (i. e., “free a complete record of the transaction and (o) Ceilings for materials for which supply”) need not be used to fill rated adjust the records which he is required HHH and HH ratings are extendible. orders. to keep under paragraph (y) accordingly. In the case of materials for which HHH For the materials listed in paragraph (s) Inclusion of direct shipments in and HH ratings are extendible, the figur­ (o) (2) above, a temporary exception figuring ceilings and set-asides. A dis­ ing and application of ceilings depend on from the above rules will apply to dis­ tributor must include any direct ship­ whether or not these ratings are extend­ tributors until November 1, 1946. Until ments which he arranges to have made ible to the manufacturer. that date, his ceiling is 75% of his de­ by his supplier directly to his customer (1) Ceiling for “complete-extendibil- liveries to users during the month. for his own account. These kinds of ity” materials. In the case of a material APPORTIONMENT OP SALES BETWEEN USERS shipments count against the “ceiling” or for which HHH and HH ratings are ex­ AND OTHERS the “set-aside”, and the distributor must tendible to a manufacturer, the per­ handle these shipments just as if the ma­ centage ceiling applies to him. His ceil­ (p) Minimum percentage for users. terial had actually been delivered from ing is 75% of the total amount scheduled Where a person normally sells both to his stock. It is the distributor’s job to for production during the month. This users and to persons buying for resale, make arrangements with the manufac­ applies-to the following m aterials:1 he must continue to sell to both those turer so that these shipments the manu­ classes of customers. T^ie portion he facturer makes are in accordance with sells to users must be at least as large, those that the distributor can make un­ Brick, common and face, clay. percentage-wise, as the portion he has der this schedule. If he prefers, he can Brick, sand lime. usually sold to that class of customers use the whole month’s shipments in Concrete block and Erick. in the past. He may sell more than that ■me, structural, clay. working out his set-aside, instead of us­ ' 1 When any material is mentioned by name ing each shipment. in this schedule, the material is the same OTHER SPECIAL PROVISIONS See paragraph (3) below about ceilings as the corresponding item on Schedule A, unless it is specifically made less inclusive (t) Rated orders must be accepted. A for other suppliers of these materials. than the Schedule A item. In no case does person required to accept rated orders (2) Ceiling for “limited-extendibility” it include anything not included in the under this schedule must not turn down materials, in the case of a material for Schedule A item. a rated order merely because he does 13442 FEDERAL REGISTER, Wednesday, November IS, 1946 not have the material ordered in stock MISCELLANEOUS PROVISIONS approved by the Bureau of the Budget or because it would exceed his ceiling. - (z) Technical provisions. (1) A ref­ pursuant to the Federal Reports Act of He must accept the order, and keep it on erence in any other Civilian Production 1942. hand to fill it as soon as he can, and he Administration directive, order or regu­ (aa) Communications. All communi­ must tell his customer how soon he ex­ lation or National Housing Agency or cations about this schedule (except com­ pects to be able to fill it. Housing Expediter order or regulation to munications about set-aside releases un­ (u) Manufacturer’s scheduling for a direction to Priorities Regulation 33, HHH, HH, and CC ratings. When a der paragraph (i) above) should be ad­ shall be deemed a reference to this dressed to the Civilian Production Ad­ manufacturer receives, and is required to Schedule B. accept, any rated order, including an ministration, Washington 25, D. C., Ref: (2) The addition of a material to Schedule B to PR 33. HHH, HH or CC rated order (by exten­ Schedule A to PR 33 does not invalidate sion or by application), he must schedule any outstanding CC ratings which per­ Issued this 12th day of November 1946. it as required by Priorities Regulation 1. sons may have previously been author­ (v) Materials for which manufacturers ized to use for that material for con­ Civilian P roduction need not accept any HHH or HH rated struction. Administration, orders. For the materials marked with (3) The record keeping and reporting By J . J oseph W helan, an asterisk in Schedule A to PR 33, HHH requirements of this Schedule have been Recording Secretary. and HH rated orders may not be served on a manufacturer and have no effect A p p e n d ix I— R eg io n a l H o u sin g E x p e d it e » Of f ic e s o f t h e N ationa l H ou sin g A g en cy on him. This does not mean, by impli­ As explained in paragraph (i) of Schedule B to Priorities Regulation 33, these are the addresses to which Form NHA cation, that HHH and HH rated orders 14-94 applications for set-aside releases should be obtained and filed. (For Puerto Rico and the Virgin Islands, appli­ cations should be obtained and filed with the District Manager, Civilian Production Administration, Post Office for the other Schedule A materials may Box; 4387, San Juan, Puerto Rico.) _ be served on manufacturers. This ques­ tion is controlled by other rules (Pri­ Re­ Areas orities Regulation 1 and other applica­ gion Office address ble regulations). The asterisk merely means that, for the materials involved, I Connecticut, Maine, Massachusetts, New Hampshire, Rhode Exchange Building, 53 State Street, HHH and HH rated orders may not be Island, Vermont. Boston, Mass. II t Delaware, Maryland (portions i), New Jersey, New York, Penn­ 2 Park Avenue, New York 16, N. Y. served on manufacturers even if other sylvania. applicable rules might otherwise permit m Illinois, Indiana, Iowa, Kansas (portions *), Minnesota, Missouri, 201 N. Wells St. Building, Chicago 6, Nebraska, North Dakota, South Dakota, Wisconsin. HI. that. IV Alabama, Florida, Georgia, Mississippi, South Carolina, North 321 Grant Building, Atlanta 3, Ga. (w) Refusal of outside-area orders. A Carolina, Tennessee, Virginia (portions 3). V Arkansas, Colorado, Kansas (portions J), Louisiana, New Mexico, Room 319, 1114 Commerce Street, producer or other supplier may refuse to A Oklahoma, Texas. Dallas 2, Tex. accept an HHH or HH rated order for VI Arizona, California, Nevada, Utah, Hawaii...... Humboldt Bank Building, 785 Market any material listed below for delivery Street, San Francisco 3, Calif. VII Idaho, Montana, Oregon, Washington, Wyoming, Alaska...... New World Life Ins. Building, 2d and by him in any area to which he has not Cherry Streets, Seattle 4, Wash. delivered it in the five years preceding VIII Kentucky, Michigan, Ohio, West Virginia...... Cuyahoga Abstract Building, 717 East Superior Avenue, Cleveland, Ohio. receipt of this order. A new producer IX District of Columbia, Maryland (portions i), Virginia (portions s), Room 432 Barr Building, 910 17th or dealer may qpt apply this basis for and off-continent areas (except Hawaii, Puerto Rico, and the Street, NW. Washington 25, D. C., refusal to accept such rated orders for Virgin Islands). delivery in his local trading area. This paragraph applies to the following ma­ i The following portions of Maryland are served by the Region IX office and not by the Region II office: Calvert Charles, Montgomery, Prince Georges, and St. Mitfy’s Counties; locality of Odenton in Anne Arundel County. terials *: * The following portions of Kansas are served by the R egionlll office and not by the Region V office^Johnson, and Wyandotte Counties. 3 The following portions of Virginia are served by the Region IX office and not by the Region IV office: Arlington Brick, common and face, clay. and Fairfax Counties; City of Alexandria. Brick, sand lime. [F. R. Doc. 46-20348; Filed, Nov. 12, 1946; 11:15 a. m.] Concrete block and brick. Tile, structural, clay. Chapter XI—Office of Price acts or Executive orders, or by any regu­ (x) Applicability of this schedule to Administration lation, order, price schedule or other AAA rated orders. This schedule does document issued by the Administrator not limit acceptance of AAA rated orders P art 1305—Administration thereunder. or deliveries on AAA rated orders. [SO 189,l Arndt. 1] This amendment shall become effec­ RECORDS PRESERVATION OP RECORDS tive November 12,1946, Note: The record-keeping and reporting (y) Records. Each person entitled to Supplementary Order 189 is amended requirements of this amendment have been apply a ceiling under this Schedule must in the following respects: approved by the Bureau of the Budget in ac­ keep records in such a way that, upon Section 1 is amended to read as cordance with the Federal Reports Act of request of authorized government repre­ follows: 1942. ' • . sentatives, he can promptly show for Issued this 12th day of November 1946. each materials, how much he delivered S ection 1. Preservation of records. All persons shall, with respect to any with or without ratings, separately, P aul A. P orter, commodity or service which is exempted Administrator. after the material was put on Sched- or suspended from price control on or dule A .. after the effective date of this Supple­ [F. R. Doc. 46-20351; Filed, Nov. 12, 1946; If he is required to make a set-aside mentary Order No. 189, preserve until 11:27 a. m.] of any material, the records must also be one year from the effective date of any kept so that he can show how much of order or other document issued by the the material he had on hand when it Administrator exempting or suspending P art 1351—F ood and F ood P roducts was put on the set-aside list and how such commodity or service from price [2d Rev. MPR 150, Amdt. 19] much he received after that. If his control, all records, documents, reports, stock of any of these set-aside materials books, accounts, invoices, sales lists, sales FINISHED RICE-AND RICE MILLING cannot be readily inspected, he must slips, orders, vouchers, contracts, re­ RY-PRODUCTS keep inventory figures for that material. ceipts, bills of lading, correspondence, memoranda, and other papers, and A statement of the considerations in­ These various records must be kept so volved in the issuance of this amend­ that each rated purchase order placed drafts and copies thereof required to be with him can be easily identified. (These made or kept by any of the foregoing ment, issued simultaneously herewith, record requirements are in addition to has been filed with the Division of the those of Priorities Regulation 1.) 1 11 F. R. 12568. Federal Register. * FEDERAL REGISTER, Wednesday, November 13, 1946 13443

Second Revised Maximum Price Regu­ Statement of the Considerations In­ items of surplus property which are lation 150 is amended in the following volved in the Issuance of Amendment added to Schedule A attached thereto: respects: 19 to 2d Rev. MPR 150 Aluminum sheet. 1. Section 10 (a) is amended to read as • This amendment increases distribu­ Aluminum coils. follows: tor’s mark-ups and removes the limita­ Aluminum bars and rods. (a) “Primary distributor” means, with tion on total volume of sales previously This order shall become effective im­ respect to a particular lot of finished rice, provided for primary distributors. mediately upon publication in the F ed­ a person who performs the following The amendment changes the mark­ eral R egister. functions and who performed the same up for primary distributors of finished rice from 25 cents to 30 cents per 100 [seal] D ean Acheson, prior to April 28, 1942; receives delivery Acting Secretary of State. of finished rice, containing-not more than pounds and the mark-up for dealers in broken or granulated rice for industrial [F. R. Doc. 46-20266; Filed, Nov. 12, 1946; 50 percent broken kernels, at a ware­ 8:45 a. m.] house (located outside any city and the use from 15 cents to 17 cents per 100 recognized switching limits thereof in pounds. The increases are made in ac­ which the seller owns or operates a rice cordance with the provisions of section 2 (t) of the Emergency Price Control mill) in carload quantities, unloads it TITLE 29—LABOR into space in said warehouse not owned Act of 1942, as amended, to keep these or controlled by his supplier or any of his mark-ups in line with the new prices re­ Chapter VI—National Wage Stabilization cently established for milled rice. customers and sells the same for his own Board account at such point in quantities of less Under the former provisions of section than 40,000 pounds to wholesalers or for 10, the “primary distributors” total sales R emoval of W age and S alary C ontrols delivery to distributing warehouses of volume was confined to the volume that retailers; he sold as a primary distributor during Cross R eference: For the order re­ Provided, That in any 12-month period the period from April 28, 1941 to April moving wage and salary controls adopted beginning November 1, the mark up of 30 28, 1942. To comply with the provisions pursuant to the Stabilization Act of 1942, cents per 10& pounds provided for in of section 2 (j) of the Emergency Price see Executive Order 9801, supra. paragraph (d)v of this section can be Control Act of 1942, as amended,^this taken only on a volume of sales not in amendment removes that limitation on excess of the total volume that he sold sales. It provides, however, that on Chapter VIII—Commissioner of Internal as a primary distributor, as above de­ sales in excess of the volume sold as a Revenue fined, during the period from April 28, primary distributor during the period 1941 to April 28, 1942. Maximum prices above mentioned, the primary distribu­ R emoval of W age and S alary Controls for sales of finished rice by a primary dis­ tor’s mark-up shall not be allowed. in the opinion of the Administrator, Cross R eference: For the order re­ tributor in excess of such volume shall be moving wage and salary controls adopted the maximum price for the sale or deliv­ the maximum prices established by this amendment are generally fair and equi­ pursuant to the Stabilization Act of 1942, ery of finished rice as specified in sec­ see Executive Order 9801, supra. tion 9, plus the inbound and outbound table and comply with all other require­ transportation costs actually incurred by ments of the Emergency Price Control the primary distributor. Act of 1942 and the Stabilization Act of 1942yjoth as amended, and all applicable Chapter IX—Department of Agriculture 2. Section 10 (d) is amended to read Executive orders. as follows: (Agricultural Labor) [P. R. Doc. 46-20350; Piled, Nov. 12, 1946; (d) The maximum price for the sale 11:27 a. m.] R emoval of W age and S alary C ontrols of finished rice by a primary distributor Cross R eferen ce: For the order re­ shall be the maximum price for the sale moving wage and salary controls adopted or delivery of finished rice as specified Chapter XVIII—Office of Economic Stabil­ pursuant to the Stabilization Act of in section 9 plus an addition at the rate 1942, see Executive Order 9801, supra. of 30 cents per 100 pounds, plus the in­ ization, Office of War Mobilization and bound and outbound transportation Reconversion costs actually incurred by the primary distributor. P art 4001—W ages and S alaries Notices 3. Section 10a (b) is amended to read REMOVAL OF WAGE AND SALARY CONTROLS as follows: Cross R eferen ce: For the order» re­ DEPARTMENT OF JUSTICE. moving wage and salary controls adopted (b) The maximum price for sales c Office of Alien Property. broken or granulated rice by a deale: pursuant to the Stabilization Act of 1942, not in excess of his quota, shall be th see Executive Order 9801, supra. [Vesting Order 7564] maximum price as set forth in section Augusta Hansen et al. of this regulation, plus 17 cents per 10 pounds, plus in each case the inboun Chapter XXIV—Department of State In re: Stock owned by Augusta Han­ and outbound transportation costs ac (Disposal of Surplus Property) sen, also known as Auguste Hansen, Jo ­ tually incurred by the dealer. The max hanna Margaretha Hansen, Gustav imum price for sales of broken or gran [FLC Reg. 8, Supp. 1 to Order 6] Thos. Reinhdld Hansen, Hans Christian ulated rice to industrial users by a selle P art 8508—D isposal of S urplus P rop­ Emil Hansen, Wilhelm Hansen and Au­ in excess of his quota shall be his sup erty L ocated in F oreign Areas guste Hansen Jurgensen. Under the authority of the Trading Plier s maximum price, plus the inboun IMPORTATION INTO UNITED STATES OF SUR­ and outbound transportation costs ac with the Enemy Act, as amended, and tually incurred by him. PLUS PROPERTY LOCATED IN FOREIGN Executive Order No. 9095, as amended, AREAS and pursuant to law, the undersigned, This ^amendment shall become effec November 6 , 1946. after investigation, finding: tive November 12, 1946. The Director of War Mobilization and 1. That the persons listed in Exhibit Issued this 12th day of November 194( Reconversion has designated the follow­ A, attached hereto and by reference ing items of surplus property as being made a part hereof, whose last known P aul A. I*orter, necessary for reconversion in the United addresses are Germany, are residents of Administrator. States. In accordance with the provi­ Germany and nationals of a designated Approved: November 7, 1946. sions of Regulation 8, Order 6 (11 F. R. enemy country (Germany)^ 10709), It is hereby ordered, That N. E. Dodd, 2. That the property described as fol­ § 8508.15 of this part shall not apply to lows: Eight hundred sixteen (816) Acting Secretary of Agriculture. prevent the importation of the following shares of capital stock of Charles E. Han- No. 221------2 13444 FEDERAL REGISTER, Wednesday, November 13, 1946 sen Estate Company, evidenced by the [Vesting Order 7657] [Vesting Order 7658] certificates listed in Exhibit A, registered E rnest P. G eorge B aade M r s. E m ilie B oger in the names of and owned by the per­ sons listed therein in the amounts ap­ In re: Stock owned by Ernest P. George In re: Bonds and savings share account pearing opposite each name, together Baade, also known as Ernest P. George owned by and debt owing to Mrs. Emilie Bade. Boger, also known as Mrs. Emelie Boger. with all declared and unpaid dividends Under the authority of the Trading D-38-8300-A-1, D-38-8300-C-1, D-38- thereon and any and all rights there­ with the Enemy Act, as amended, and 8300-E-l. under, Executive Order No. 9095, as amended, Under the authority of the Trading is property within the United States and pursuant to law, the undersigned, with the Enemy Act, as amended, and owned or controlled by, payable or deliv­ after investigation, finding: Executive Order No. 9095, as amended, erable to, held on behalf of or on account 1. That Ernest P. George Baade, also and pursuant to law, the undersigned, of, or owing to, or which is evidence of known as Ernest P. George Bade, whose after investigation, finding: ownership or control by, the aforesaid last known address is Sedanstrasse 23, 1. That Mrs. Emilie Boger, also known Berlin Malsdorf Sud, Germany, is a resi­ as Mrs. Emelie Boger, whose last known nationals of a designated enemy country; dent of Germany and a national of a des­ address is Marienwerder Str. 7a, Han- And determining that to the extent ignated enemy country (Germany); over-Linden, Germany, is a resident of that such nationals are persons not with­ 2. That the property described as fol­ Germany and a national of a designated in a designated enemy country, the na­ lows: Fifty-two (52) shares of no par enemy country (Germany); tional interest of the United States re­ value preferred capital stock of Missis­ 2. That the property described as fol­ quires that such persons be treated as sippi Power Company, Gulfport, Missis­ lows: nationals of a designated enemy coun­ sippi, a corporation organized under the a. Four (4) United States Treasury try (Germany); laws of the State of Maine, evidenced by 2 y2 % Bonds of 1965-70, dated February And having made all determinations certificate number TO505, registered in 1, 1944, each of $1,000 face value, pres­ and taken all action required by law, the name of Ernest P. fteorge Baade, to­ ently in the custody of First Federal including appropriate consultation and gether with all declared and unpaid divi­ Savings & Loan Association of Augusta, certification, and deeming it necessary dends thereon, Augusta, Georgia, together with any and all rights thereunder and thereto, in the national interest, is property within the United States owned or controlled by, payable or deliv­ b. That certain debt or other obliga­ hereby vests in the Alien Property Cus­ erable to, held on behalf of or on account tion owing to Mrs. Emilie Boger, also todian the property described above, to of, or owing to, or which is evidence of known as Mrs. Emelie Boger, by First be held, used, administered, liquidated, ownership or control by, the aforesaid Federal Savings & Loan Association of sold or otherwise dealt with in the inter­ national of a designated enemy country; Augusta, Augusta, Georgia, arising out est and for the benefit of tlfle United And determining that to the extent of a savings share account, Account States. that such national is a person not within Number 603, entitled Mrs. Emelie Boger by Fritz Busche Agent, and any and all Such property and any or all of the a designated enemy country, the na­ tional interest of the United States re­ rights to demand, enforce and collect the proceeds thereof shall be held in an ap­ same, and propriate account or accounts, pending quires that such person be treated as a national of a designated enemy country c. That certain debt or other obliga­ further determination of the Alien Prop­ tion owing to Mrs. Emilie Boger, also erty Custodian. This order shall not be (Germany); And having made all determinations known as Mrs. Emelie Boger, by Fritz deemed to constitute an admission by the and taken all action required by law, in­ Busche, 373 East Avenue, Mobile, Ala­ Alien Property Custodian of the lawfub- cluding appropriate consultation and bama, in the amount of $6,298.29, as of ness of, or acquiescence in, or licensing certification, and deeming it necessary in December 31,1945, together with any and of, any setoffs, charges or deductions, the national interest, all accruals thereto, and any and all nor shall it be deemed to limit the power rights to demand, enforce and collect the of the Alien Property Custodian to re­ hereby vests in the Alien Property Cus­ same, todian the property described above,, to turn such property or the proceeds there­ be held, used, administered, liquidated, is property within the United States of in whole or in part, nor shall it be sold or otherwise dealt with in the inter­ owned or controlled by, payable or de­ deemed to indicate that compensation est and for the benefit of the United liverable to, held on behalf of or on ac­ count of, or owing to, or which is evi­ will not be paid in lieu thereof, if and States. when it should be determined to take Such property and any or all of the dence of ownership or control by, the any one or all of such actions. proceeds thereof shall be held in an ap­ aforesaid national of a designated enemy country; The terms “national” and “designated propriate account or accounts, pending And determining that to the extent enemy country” as used herein shall have furttier determination of the Alien Prop­ that such national is a person not within the meanings prescribed in section 10 of erty Custodian. This order shall not be a designated enemy country, the na­ Executive Order No. 9005, as amended. deemed to constitute an admission by tional interest of the United States re­ the Alien Property Custodian of the law­ quires that such person be treated as a Executed at Washington, D. C., on fulness of, or acquiescence in, or li­ September 5,1946. national of a designated enemy country censing of, any set-offs, charges or de­ (Germany); [seal] J ames E. M arkham, ductions, nor shall it be deemed to limit And having made all determinations Alien Property Custodian. the power of the Alien Property Custo­ and taken all action required by law, in­ dian to return such property or the pro­ cluding appropriate consultation and ceeds thereof in whole or in part, nor E x h ib it A certification, and deeming it necessary in shall it be deemed to indicate that com­ the national interest, pensation will not be paid in lieu thereof, if and when it should be determined to hereby vests in the Alien Property Name of registered owner No. APC file No. Custodian the property described above,

shares take any one or all of such actions. The terms “national” and “designated to be held, used, administered, liquidated,

I I Certificate I Number of enemy country” as used herein shall sold or otherwise dealt with in the inter­ Augusta Hansen (also 127 408 F-28-23818-D-2 have the meanings prescribed in section est and for the benefit of the United known as Auguste Han- 10 of Executive Order No. 9095, as States. sen). Such property and any or all of the Johanna Margaretba Hansen. 136 136 F-28-23822-D-2 amended. Gustav Thos. Reinhold 137 68 F-28-23820-D-2 proceeds thereof shall be held in an ap­ Hansen. Executed at Washington, D. C., on propriate account or accounts, pending Hans Christian Emil Hansen. 138 68 F-28-23821-D-2 September 18, 1946. Wilhelm Hansen...... 140 68 F-28-23819-D-2 further determination of the Alien Prop­ Auguste Hansen Jurgensen.. 139 68 F-28-23824-D-1 [seal] J ames E. M arkham, erty Custodian. This order shall not be • Alien Property Custodian. deemed to constitute an admission by [F. R . Doc. 46-20166; Filed, Nov. 12, 1946; [F. R. Doc. 46-20167; Filed, Nov. 12, 1946; the Alien Property Custodian of the law­ 8:49 a. m.] 8:49 a. m.] fulness of, or acquiescence in, or licensing FEDERAL REGISTER, Wednesday, November 13, 1946 13445 of, any set-offs, charges or deductions, certification, and deeming it necessary a. That certain draft, in the principal nor shall it be deemed to limit the power in the national interest, sum of $491.65, dated April 5,1941, drawn of the Alien Property Custodian to re­ hereby vests in the Alien Property Cus­ by Chikuma & Co., Ltd., on Baender & turn such property or the proceeds there­ todian the property described above, to Cia, La Paz, Bolivia, and presently in the of in whole or in part, nor shall it be be held, used, administered, liquidated, custody of the Superintendent of Banks deemed to indicate that compensation sold or otherwise dealt with in the in­ of the'State of New York, as Liquidator will not be paid in lieu thereof, if and terest and for the benefit of the United of the Business and Property in New when it should be determined to take any States. York of Mitsui Bank, Ltd., 80 Spring one or all of such actions. Such property and any or all of the Street, New York, New York, together The terms “national” and "designated proceeds thereof shall be held in an ap­ with any and all rights in, to and under, enemy country” as used herein shall have propriate account or accounts, pending including particularly the right to pos­ the meanings prescribed in section 10 of further determination of the Alien Prop­ session of, the aforesaid draft, Executive Order No. 9095, as amended. erty Custodian. This order shall not be b. That certain draft, in the principal Executed at Washington, D. C., on Sep­ deemed to constitute an admission by sum of $685.53, dated April 5,1941, drawn tember 18, 1946. the Alien Property Custodian of the law­ by Chikuma & Co., Ltd., on Baender & fulness of, or acquiescence in, or licens­ Cia, La Paz, Bolivia, and presently in the [seal] J ames E. M arkham, ing of, any set-offs, charges or deduc­ custody of the Superintendent of Banks Alien Property Custodian. tions, nor shall it be deemed to limit the of the State of New York, as Liquidator [P. R. Doc. 46-20268; Piled, Nov. 12, 1946; power of the Alien Property Custodian of the Business and Property in New 8:47 a. m.] to return such property or the proceeds York of Mitsui Bank, Ltd., 80 Spring thereof in whole or in part, nor shall it Street, New York, New York, together be deemed to indicate that compensation with any and all rights in, to and under, will not be paid in lieu thereof, if and including particularly the right to pos­ [Vesting Order 7660] when it should be determined to take session of, the aforesaid draft, and c. That certain debt or other obliga­ K athrina B rakhage et al. any one or all of such actions. The terms “national” and “designated tion owing to Chikuma & Co., Ltd., by the In re: Bank accounts owned by Kath­ enemy country” as used herein shall have Superintendent of Banks of the State of rina Brakhage, Elizabeth Brakhage, Al­ the meanings prescribed in section 10 of NeW York, as Liquidator of the Business bert Goluke, Elich Goluke, Gustav Hoff­ Executive Order No. 9095, as amended. and Property in New York of Mitsui mann, and Robert Hoffmann. Bank, Ltd., 80 Spring Street, New York, Under the authority of the Trading Executed at Washington, D. C., on Sep­ New York, in the amount of $5,747.61, as with the Enemy Act, as amended, and tember 19, 1946. of December 31, 1945, arising out of a Executive Order No. 9095, as amended, [seal] J ames E. M arkham, collection after closing account, together and pursuant to law, the undersigned, Alien Property Custodian. with any and ail accruals thereto and after investigation, finding: any and all rights to demand, enforce 1. That Kathrina Brakhage, Elizabeth E xhibit A and collect the same, Brakhage, Albert Goluke, Elich Goluke, Title of Account, Account No., Beneficial is property within the United States Gustav Hoffmann, and Robert Hoff­ Owner, and APC File No. owned or controlled by, payable or de­ mann, whose last known addresses are I. F., or Tom F. Chapman, Trustees for liverable to, held on behalf of or on ac­ Germany, are residents of Germany and Kathrina Brakhage, 1550, Kathrina Brakhage, count of, or owing to, or which is evi­ nationals of a designated enemy country F—J28—22850-E-l. dence of ownership or control by, the (Germany); Ir. i., or Tom F. Chapman, Trustees for aforesaid national of a designated enemy 2. That the property described as fol­ Elizabeth Brakhage, 1574, Elizabeth Brakhage, country; lows: Those certain debts or other obli­ F—28-22849—E- l. I. F., or Tom F. Chapman» Trustees for And determining that to the extent gations of Bank of America National Albert Goluke, 1601, Albert Goluke, F-28- that such national is a person not within Trust and Savings Association, 300 22955—E-l. a designated enemy country, the national Montgomery Street, San Francisco, Cali­ I. F., or Tom F. Chapman, Trustees for interest of the United States requires fornia, arising out of savings accounts, Elich Goluke, 1603, Elich Goluke, F-28- that such person be treated as a na­ the account numbers of which are set 22954—E-l. tional of a designated enemy country forth in Exhibit A, attached hereto and I. F., or Tom F. Chapman, Trustees for (Jap an ); by reference made a part hereof, entitled Gustav Hoffmann, 1596, Gustav Hoffmann, F—28—23137—E-l. And having made all determinations in the manner set forth in the aforemen­ I. F., or Tom F. Chapman, Trustees for and taken all action required by law, tioned Exhibit A, which accounts are Robert Hoffmann, 1598, Robert Hoffmann, including appropriate consultation and beneficially owned by the persons whose F—28-23138—E-l. certification, and deeming it necessary in names appear opposite the aforesaid ac­ the national interest, count numbers, maintained at the [F. R. Doc. 46-20269; Filed, Nov. 12, 1946; branch office of the aforesaid bank lo­ 8:46 a. m.] hereby vests in the Alien Property Cus­ cated at Market and New Montgomery todian the property described above, to Streets, San Francisco, California, and be held, used, administered, liquidated, any and all rights to demand, enforce [Vesting Order 7661] sold or otherwise dealt with in the in­ and collect the same, terest and for the benefit of the United Chikuma & Co., L td. States. is property within the United Such property and any or all of the owned or controlled by, payable i In re: Drafts owned by and debt owing to Chikuma & Co., Ltd. F-39-5140-C-1. proceeds thereof shall be held in an ap­ hverable to, held on behalf of or < propriate account or accounts, pending count of, or owing to, or which : Under the authority of the Trading with the Enemy Act, as amended, and further determination of the Alien Prop­ dence of ownership or control b erty Custodian. This order shall not be aforesaid nationals of a desii Executive Order No. 9095, as amended, and pursuant to law, the undersigned, deemed to constitute an admission by the enemy country; Alien Property Custodian of the lawful­ And determining that to the after investigation, finding: 1. That Chikuma & Co., Ltd., the last ness of, or acquiescence in, or licensing that such nationals are persons not of, any set-offs, charges or deductions, in a designated enemy country, tl known address of which is Kobe, Japan, is a corporation organized under the laws nor shall it be deemed to limit the power tional interest of the United Stat of the Alien Property Custodian to return Quires that such persons be trea of Japan, and which has or, since the ef­ fective date of Executive Order No. 8389, such property or the proceeds thereof in nationals of a designated enemy as amended, has had its principal place whole or in part, nor shall it be deemed try (Germany); of business in Japan and is a national of to indicate that compensation will not be And having made all determin a designated enemy country (Japan) ; paid in lieu thereof, if and when it should and taken all action required by h 2. That the property described as fol­ be determined to take any one or all of eluding appropriate consultatior lows: such actions. 13446 FEDERAL REGISTER, Wednesday, November IS, 1946

■ The terms “national” and “designated E lizabeth P. K ing sion shall, from time to time, after due enemy country” as used herein shall have notice and opportunity for hearing, pro­ NOTICE OF INTENTION TO -RETURN VESTED claim and fix such limits on the amount the meanings prescribed in section 10 of PROPERTY Executive Order No. 9095, as amended. of trading which may be done by any Executed at Washington, D. C., on Sep­ Pursuant to section 32 (f ) of the Trad­ person, under contracts of sale of such tember 19, 1946. ing with the Enemy Act, as amended, commodity for future delivery on or sub­ notice is hereby given of intention to re­ ject to the rules of any contract market, [seal] J ames E. M arkham, turn the following vested property on or as the Commission finds '.c necessary for Alien Property Custodian. after 30 days from the date of the pub­ such purpose; and [F. R. Doc. 46-20270; Filed, Nov. 12, 1946; lication hereof, less 'any authorized de­ Whereas, there j? reason to believe 8:46 a. m.] ductions : that the limits proclaimed and fixed by the Commodity Exchange Commission in its order of August 26, 1940 (17 CFR, Claim Vesting Order No. Property Location Claimant No. Cum. Supp., 150.2), on the maximum amount of cotton which any person may Elizabeth P. King 4268 1971 (8 F. R. 11313)___ Cash $8,930.84—One-fourth Treasury of thè United States. buy or sell during any one business day Baltimore, Md. undivided interest as ten­ Southwest corner, Frederick ant in common in ware­ and Water Streets, Balti­ under contracts of sale for future deliv­ * house property. more City, Md. ery on any contract market and on the maximum net long or net short position on And having made all determinations in cotton which any person may hold or Executed at Washington, D. C., control under contracts of sale for fu­ November 7, 1946. and taken all action required by law, in­ cluding appropriate consultation and ture delivery on any contract market, For the Attorney General. certification, and deeming it necessary in should be reduced from “30,000 bales in any one future” to “30,000 bales in any D onald C. Cook, the national interest, Acting Head, one future or in all futures combined;” Office of Alien Property. hereby vests in the Alien Property Cus­ Now, therefore, notice is hereby given todian the property described above, to that a hearing will be held beginning at [F. R. Doc.. 46-20272; Filed, Nov. 12, 1946; be held, used, administered, liquidated, 10 o’clock a. m., e. s. t., on December 10, 8:45 a. m.] sold or otherwise dealt with in the in­ 1946, in Room 2095, South Building, terest and for the benefit of the United United States Department of Agricul­ States. ture, Washington, D. C., for the presen­ [Vesting Order 7663] Such property and any or all of the tation of evidence in the premises. proceeds thereof shall be held in an ap­ The proposed limits will not apply to F rank S. F uruta propriate account or accounts, pending transactions which are shown to be bona In re: Bank account owned by and debt further determination of the Alien Prop­ fide hedging transactions as defined in owing to Frank S. Furuta. F-39-3055- erty Custodian. This order shall not be section 4a (3) of the Commodity Ex­ A-l, F-39-3055-E-1. deemed to constitute an admission by the change Act (7 U. S. C. 6a (3) ), nor is any Under the authority of the Trading Alien Property Custodian of the lawful­ change proposed in the limits presently with the Enemy Act, as amended, and ness of, or acquiescense in, or licensing applicable during the delivery month, to Executive Order No. 9095, as amended, of, any set-offs, charges or deductions, straddle positions and straddle trans­ and pursuant to law, the undersigned, nor shall it be deemed to limit the power actions. after investigation, finding: of the Alien Property Custodian to upturn Written statements with reference to 1. That Frank S. Furuta, whose last such property or the proceeds thereof in the subject matter of this hearing may known address is Higashichikuma-gori, whole or in part, nor shall it be deemed be submitted by any interested person Chikumachi-mura, Nagano-ken, Japan, to indicate that compensation will,not and may be in addition to or in lieu of is a resident of Japan and a national of be paid in lieu thereof, if and when it testimony at such hearing. Such state­ a designated enemy country (Jap an ); should be determined to take any one or ments should be prepared in quintupli- 2. That the property described as all of such actions. cate and mailed to the Presiding Officer, follows: The terms “national” and “designated Hearing Docket CE-P6, Commodity Ex­ a. That certain debt or other obliga­ enemy country” as used herein shall have change Authority, United States Depart­ tion owing to Frank S. Furuta, by Secu­ the meanings prescribed in section 10 of ment of Agriculture, Washington 25, rity-First National Bank of Los Angeles, Executive Order No. 9095, as amended. D. C., prior to the time of hearing or Sixth and Spring Streets, Los Angeles 54, Executed at Washington, D. C., on Sep­ delivered to the Presiding Officer at the California, arising out of a checking ac­ tember 19, 1946. time of hearing. count, entitled Frank S. Furuta, main­ Issued this 6th day of November 1946. tained at the branch office of the afore­ [ seal] J ames E. M arkham, said bank located at Ocean Park, Cali­ Alien Property Custodian. [seal] ' Commodity E xchange fornia, and any and all rights to de­ [F. R. Doc. 46-20271; Filed, Nov, 12, 1946; Commission, mand, enforce and collect the same, and 8:46 a. m.] By N. E. Dodd, b. That certain debt or other obliga­ Acting Chairman. tion owing to Frank S. Furuta by E. F. [F. R. Doc. 46-20287; Filed, Nov. 12, 1946; Hutton & Company, 623 South Spring 8:45 a. m.] Street, Los Angeles 14, California, in the DEPARTMENT OF AGRICULTURE. amount of $18,234.06, as of August 8, 1946, together with any and all accruals Commodity Exchange Commission. thereto, and any and all rights to de­ R eduction of L im it s on D aily T rading CIVIL AERONAUTICS BOARD. mand, enforce and collect the same, and Net P ositions in C otton F utures [Docket No. 221, et al.] is property within the United States NOTICE OF HEARING owned or controlled by, payable or de­ Cincinnati Case To all contract markets, futures com­ liverable to, held on behalf of or on ac­ NOTICE OF ORAL ARGUMENT count of, or owing to, or which is evi­ mission merchants, and parties inter­ dence of ownership or control by, the ested : In the matter of applications for cer­ aforesaid national of a designated enemy Whereas, section 4a of the Commodity tificates and amendment of certificates country; Exchange Act (7 U. S. C. 6a) directs that, of public convenience and necessity un­ And determining that to the extent for the purpose of diminishing, elimi­ der section 401 of the Civil Aeronautics that such national is a person not within nating or preventing excessive specula­ Act of 1938, as amended. a designated enemy country, the national tion causing sudden or unreasonable Notice is hereby given, pursuant to the interest of the United States requires fluctuations or unwarranted changes in Civil Aeronautics Act of 1938, as amend­ that such person be treated as a national the price of any commodity named in the ed, particularly sections 401 and 1001 of of a designated enemy country (Jap an ); act, the Commodity Exchange Commis­ said act, that oral argument in the above- FEDERAL REGISTER, Wednesday, November 13, 1946 13447 entitled proceeding is assigned to be tries have authority to conduct trade- at the public hearings shall be under heard December 9,1946,10 a. m., eastern agreement negotiations. oath. standard time, in Room 5042 Commerce All presentations* of information and Persons or groups interested in import Bldg., Washington, D. C., before the views in writing and applications for products may present to the Committee Board. supplemental oral presentation of views their views concerning possible tariff Dated Washington, D. C., November 5, with respect to such negotiations should concessions by the United States on any 1946. be submitted to the Committee for Reci­ product, whether or not included in the procity Information in accordance with list of Products On Which Possible Tariff By the Civil Aeronautics Board. the announcement of this date issued Concessions Will Be Considered In Re­ [seal] M. C. M ulligan, by that Committee concerning the man­ ciprocal Trade-Agreement Negotiations Secretary. ner and dates for the submission of briefs made public by the Acting Secretary of and applications, and the time and place State on this date. However, no tariff [F. R. Doc. 46-20180; Filed, Nov. 12, 1946; set for public hearings. concession will be considered on any 8:51 a. m] product which is not included in that [seal] D ean Acheson, Acting Secretary of State. list or in a supplementary public list. Persons interested in export items may [Docket No. 1154 et al.] November 9, 1946. present their views regarding any tariff B raniff Airw a ys, I nc. [F. R. Doc. 46-20323; Filed, Nov. 8 , 1946; or other concessions that might be re­ 5:15 p. m.] quested of the foreign governments with NOTICE OF ORAL ARGUMENT \ which negotiations are being conducted. In the matter of the applications of Views concerning general provisions of Braniff Airways, Inc., et aL, for amend­ a nature customarily included in trade T rade-A greement Negotiations W ith agreements may also be presented. ments of certificates of public conven­ Australia, B elgium, B razil, Canada, By direction of the Committee for ience and necessity to consolidate routes, Ch il e, China, Cuba, Czechoslovakia, under section 401 (h) of the Civil Aero­ Reciprocity Information this 9th day of F rance, I ndia, L ebanon (S yro-L ebanese November 1946. nautics Act of 1938, as amended. Customs U nion), L uxembourg, Neth - Notice is hereby given, pursuant to the . erlands, New Zealand, Norway, U nion [ seal] E dward Y ardley, Civil Aeronautics Act of 1938, as amend­ of S outh Africa, U nion of S oviet S o­ Secretary. ed, particularly sections 401 and 1001 of cialist R epu blics, United K ingdom November 9, 1946. said act, that oral argument in the subm ission of information to committee [F. R. Doc. 46-20324; Filed, Nov. 8 , 1946; above-entitled proceeding is assigned to 5:15 p. m.] be heard December 2,1946,10 a. m., east­ FOR RECIPROCITY INFORMATION ern standard time, in Room 5042, Com­ Closing date for submission of briefs, merce Bldg., Washington, D. C., before December 21, 1946. Closing date for ap­ the Board. plication to be heard, December 21,1946. FEDERAL COMMUNICATIONS COM­ Dated: Washington, D. C., November Public hearings open, January 13, 1947. MISSION. «, 1946. The Committee for Reciprocity Infor­ mation hereby gives notice that all in­ [Docket No. 7111] By the Civil Aeronautics Board. formation and views in writing, and all E. T . W right [seal] M. C. M ulligan, applications for supplemental oral pres­ Secretary. entation of views, in regard to the trade- ORDER DESIGNATING APPLICATION FOR CON­ agreement negotiations with the coun­ SOLIDATED HEARING ON STATED ISSUES [F. R. Doc. 46-20181; Filed, Nov. 12, 1946; tries listed above (including areas for 8:51 a. m.] In re application of E. T. Wright, Or­ which these countries have authority to lando, Florida, Docket No. 7111, File No. conduct trade-agreement negotiations),' B3-P-4268; for construction permit. in respect of which notice of intention At a session of the Federal Communi­ to negotiate has been issued by the Act­ cations Commission, held at its offices COMMITTEE FOR RECIPROCITY IN­ ing Secretary of State on this date, shall FORMATION. be submitted to the Committee for Reci­ in Washington, D. C., on the 3d day of procity Information not later than 12 October 1946; T rade-A greement Negotiations W ith o’clock noon, December 21, 1946. The The Commission having under con­ Australia, B elgium, B razil, Canada, Committee office will remain open to re­ sideration the above-entitled applica­ Ch ile, China, Cuba, Czechoslovakia, tion of E. T. Wright requesting a con­ ceive these briefs. struction permit for a new standard F rance, I ndia, L ebanon (S yro -L eba- Such communications should be ad­ nese Customs Union ), L uxembourg, broadcast station to operate on 900 kc, dressed to “The Chairman, Committee 250 w power, daytime only, at Orlando, Netherlands, New Zealand, Norway, for Reciprocity Information, Tariff Com­ Union of S outh Africa, Union of Florida; mission Building, Eighth and E Streets, It is ordered, That, pursuant to sec­ S oviet S ocialist R epu blics, U nited Northwest, Washington 25, D. C.” K ingdom tion 309 (a) of the Communications Act Public hearings will be held before the of 1934, as amended, the said application Pursuant to section 4 of an act of Con­ Committee for Reciprocity Information, of E. 'JL-Wright be, and it is hereby, desig­ gress approired June 12, 1934, entitled at which supplemental oral statements nated for hearing in a consolidated pro­ “An Act To Amend the Tariff Act of will be heard. The first hearing will be ceeding with the application of Seminole 1930”, as extended and amended by Pub­ at 10:00 a. m. on January 13,1947, in the Broadcasting Company (File No. B 3-P - lic Law 130, 79th Congress, approved July Department of- Commerce Auditorium in 5258; Docket No. 7905), requesting a con­ 5‘, 1945 (48 Stat. 945, 59 Stat. 411; 19 the Department of Commerce Building struction permit for a new standard U. S. C., Supp. V, 1354), and to Executive at 14th and E Streets, Northwest, Wash­ broadcast station to operate on the fre­ Order 6750, of June 27,1934, as amended ington, D. C. Witnesses who make ap­ quency 900 kc, 1 kw, power, daytime only, by Executive Order 9647, of October 25, plication to be heard will be advised re­ at Belle Glade, Florida, at a time and 1945 (3 CFR, 1945 Supp., ch. I I ) , I hereby garding the time and place of their indi­ place to be designated by subsequent or­ give notice of intention to conduct trade- vidual appearances. der of the Commission, upon the follow­ agreement negotiations with Australia, Ten copies of written statements, ing issues: Belgium, Brazil, Canada, Chile, China, either typewritten or printed, shall be 1. To determine the legal, technical, Cuba, Czechoslovakia, France, India, submitted, of which one copy shall be financial, and other qualifications of the sworn to. Appearances at hearings be­ Lebanon (including negotiations on be­ applicant to construct and operate the half of the Syro-Lebanese Customs fore the Committee may be made only Union), Luxembourg, the Netherlands, by or on behalf of those persons who proposed station. New Zealand^ Norway, the Union of South have filed written statements and who 2. To determine the areas and popu­ Africa, the Union of Soviet Socialist Re­ have within the time prescribed made lations which .may be expected to gain publics, and the United Kingdom, includ­ written application for supplemental oral primary service from the operation of ing areas in respect of which these coun­ presentation of views. Statements made the proposed station and |he character 13448 FEDERAL REGISTER, Wednesday, November 13, 1946

of other broadcast service available to rectional antenna for day and night use, tors and stockholders, to construct and those areas and populations. at Philadelphia, Pennsylvania and (2) operate the proposed station. . S-r To determine the type and charac­ Monroe Broadcasting Company, Incor­ 2. To determine the areas and popula­ ter of program service proposed to be porated (WRNY), permittee of Station tions which may be expected to gain or rendered and whether it would meet the WRNY at Rochester, New York, re­ lose primary service from the operation requirements of the populations and questing a construction permit to in­ of the proposed station and the character areas proposed to be served. crease power to 1 kw day, 500 w night, of other broadcast service available to 4. To determine whether the operation employing a directional antenna, on 680 those areas and populations. of the proposed station would involve kc, unlimited time; and having under 3. To determine the type and char­ objectionable interference with any ex­ consideration the petition of Monroe acter of program service proposed to be isting broadcast stations and, if so, the Broadcasting Company, Incorporated, rendered and whether it would meet the nature and extent thereof, the areas and filed on October 2, 1946, requesting that requirements of the populations and populations affected thereby, and the its application be designated for hearing areas proposed to be served. availability of other broadcast service to in a consolidated proceeding with the 4. To determine whether the opera­ such areas and populations. applications of the other above-entitled tion of the proposed station would in­ 5. To determine whether the opera­ applicants, in the hearing now scheduled volve objectionable interference with the tion of the proposed station would in­ to be held on October 7, 1946, at Wash­ stations of the party interveners in this volve objectionable interference with the ington, D. C.; and proceeding, with Station WEAF, at New services proposed in the pending appli­ It appearing, that on May 2, 1946, the York, New York, or with any other exist­ cation of Seminole Broadcasting Com­ Commission designated for hearing in a ing broadcast stations and, if so, the pany (Pile No. B3-P-5258) or in any consolidated proceeding the above-en­ nature'and extent thereof, the areas and other pending application for broadcast titled applications of Baltimore Broad­ populations affected thereby, and the facilities and, if so, the nature and ex­ casting Corporation, requesting a con­ availability of other broadcast service to tent thereof, the areas and populations struction permit to change the facilities such areas and populations. affected thereby, and the availability of of Station WCBM at Baltimore, Mary­ 5. To determine whether the opera­ other broadcast service to such areas land, to 680 kc, with power of 10 kw day, tion of the proposed station would in­ and populations. 5 kw night, and to install a new trans­ volve objectionable interference with the 6. To determine whether the installa­ mitter and directional antenna, and of services proposed in the other applica­ tion and operation of the proposed sta­ Tower Realty Company, requesting a tions in this consolidated proceeding or tion would be in compliance with the construction permit for a new standard in any other pending applications for Commission’s rules and Standards of broadcast station to operate on 680 kc, broadcast facilities and, if so, the nature Good Engineering Practice concerning with 10 kw power, unlimited time, em­ and extent thereof, the areas and popu­ standard broadcast stations. ploying a directional attenna for night lations affected thereby, and the avail­ 7. To determine on a comparative use, at Baltimore, Maryland, the latter ability of other broadcast service to such basis which, if either, of the applications application having been theretofore areas and populations. in this consolidated proceeding should designated for hearing on March 13, 6. To determine whether the installa­ 'be granted. 1946; and that the above-entitled ap­ tion and operation of the proposed sta­ tion would be in compliance with the By the Commission. plication of Mark A. Braymes and Frank Z. Temerson, d/b as Lomar Broadcast­ Commission’s rules and Standards of [seal] T . J . S lo w ie, ing Company, requesting a construction Good Engineering Practice concerning Secretary. permit for a new standard broadcast sta*f standard broadcast stations. [F. R. Doc. 46-20238; Fi[pd, Nov. 12, 1946; tion to operate on 680 kc, with power M 7. To determine on a comparative 8:47 a. m.] 5 kw day, 1 kw night, unlimited time, basis which, if any, of the applications employing a directional antenna, at Lan­ in this consolidated proceeding should be caster, Pennsylvania, was designated for granted. It is further ordered, That the above [Docket Nos. 7372, 7429, 7957, 7880, 7909] hearing in said consolidated proceeding on September 19, 1946; and hearing set for October 7, 1946, be, and B altimore B roadcasting C orp. (WCBM) It further appearing, that WPTF it is hereby, postponed, and that the said ET AL. Radio Company, licensee of Station hearing upon the above-entitled applica­ WPTF at Raleigh, North Carolina, and v tions be, and it is. hereby, continued to ORDER DESIGNATING APPLICATIONS FOR CON­ 10:00 o’clock a. m. Tuesday, November SOLIDATED HEARING ON STATED ISSUES Hildreth and Rogers Company, licensee of Station WLAW at Lawrence, Massa­ 5, 1946, at Washington, D. C.; In re applications of Baltimore Broad­ chusetts, have been permitted to inter­ It is further ordered, That the orders casting Corporation (WCBM), Balti­ vene in said consolidated proceeding; •of the Commission dated March 13,1946, more, Maryland, Docket No. 7372, File No. and May 2,1946 and September 19,1946, des­ B l-P -3969; Tower Realty Company, Bal­ It further appearing, that the public ignating the applications of Baltimore timore, Maryland, Docket No. 7429, File interest, convenience, or necessity would Broadcasting Corporation (WCBM) .Bal­ No. Bl-P-4490; Mark A. Braymes and be served by consideration of the appli­ timore, Maryland, Tower Realty Com­ Frank Z. Temerson, d/b as Lomar Broad­ cations of Monroe Broadcasting Com­ pany, Baltimore, Maryland and Mark A. casting Company, Lancaster, Pennsyl­ pany, Incorporated (WRNY) and Foun­ Braymes and Frank Z. Temerson, d/b vania, Docket No. 7857, File No. B 2-P - dation Company of Washington on a as Lomar Broadcasting Company, Lan­ 5225; Foundation Company of Washing­ comparative basis with the applications caster, Pennsylvania for hearing as ton, Philadelphia, Pennsylvania, Docket in the said consolidated proceeding; aforesaid, be, and they are hereby, No. 7880, File No. B2-P-5267; Monroe It is ordered, That the above petition amended to include the said applications Broadcasting Company, Incorporated of Monroe Broadcasting Company, In ­ of Monroe Broadcasting Company, In­ (WRNY), Rochester, New York, Docket corporated (WRNY), be, and it is hereby, corporated (WRNY) and Foundation No. 7909, File No. Bl-P-5333; for con­ granted; and Company of Washington; struction permits. It is further ordered, That pursuant to It is further ordered, That National At a session of the Federal Communi­ section 309 (a) of the Communications Broadcasting Company, Inc., licensee of cations Commission, held at its offices in Act of 1934, as amended, the said appli­ Station WEAF, at New York, New York, Washington, D. C., on the 4th day of cations of Monroe Broadcasting Com­ be, and it is hereby, made a part to the October 1946; pany, Incorporated (WRNY) and Foun­ said consolidated proceeding. The Commission having under con­ dation Company of Washington, be, and sideration the above-entitled applica­ they are hereby, designated for hearing By the Commission. tions of (1) Foundation Company of in the above-consolidated proceeding [seal] T. J . S lo w ie, Washington, requesting a construction each upon the following issues; ù Secretary. permit for a new standard broadcast sta­ 1. To determine the legal, technical, tion to operate on 680 kc, with 10 kw financial, and other qualifications of the [F. R. Doc. 46-20242; Filed, Nov. 12, 1946; power, unlimited time, employing a di­ applicant corporation, its officers, direc­ 8:48 a. m.] FEDERAL REGISTER, Wednesday, November 13, 1946 13449

[Docket Nos. 7796, 7797, 7889, 7888, 7921] heretofore ordered on September 30, [Dock2t No. 7905] P our S tates B roadcasting Corp, et al. 1946, in Dockets Nos. 7888 and 7889; and that the application of Hope Broadcast­ S eminole B roadcasting C o. ORDER DESIGNATING APPLICATIONS FOR CON­ ing Company (File No. B3-P-5353) be, ORDER DESIGNATING APPLICATION FOR HEAR­ SOLIDATED HEARING ON STATED ISSUES and it is hereby, designated for hearing ING ON' STATED ISSUES. In re applications of Pour States in the above consolidated hearing upon Broadcasting Corporation, Texarkana, the following issues : In re application of Seminole Broad­ Arkansas, Docket No. 7796, Pile No. BS­ 1. To determine the legal, technical, casting Company, Belle Glade, Florida, P-4938; Magnolia Broadcasting Com­ financial, and other qualifications of the Docket No. 7905, Pile No. B3-P-5258; for pany, Magnolia, Arkansas, Docket No. applicant corporation, its officers, direc­ construction permit. 7797, Pile No. B3-P-5088; Clarence E. tors and stockholders to construct and At a session of the Federal Communi­ Paulk, Jr., d/b as Ruston Broadcasting operate the proposed station. cations Commission, held at its offices in Company, Ruston, Louisiana, Docket No. 2. To determine the areas and popula­ Washington, D. C., on the 3d day of 7889, File No. B3-P-5263; Abe B. Harris, tions which may be expected to gain October 1946; Ruston, Louisiana, Docket No. 7888, File primary service from the operation of the The Commission having under consid­ No. B3-P-5163; Hope Broadcasting Com­ proposed station and the character of eration the above-entitled application of pany, Hope, Arkansas, Docket No. 7921, other broadcast service available to those Seminole Broadcasting Company, re­ Pile No. B3-P-5353. areas and populations. questing a construction permit for a new At a session of the Federal Communi­ 3. To determine the type and char­ standard broadcast station to operate on cations Commission, held at its offices acter*' of program service proposed to be 900 kc, 1 kw power, daytime only, at in Washington, D. C., on the 17th day rendered and whether it would meet the Belle Glade, Florida; of October 1946; requirements of the populations and It is ordered, That, pursuant to section The Commission having under con­ areas proposed to be served. 309 (a) of the Communications Act of sideration the above-entitled application 4. To determine whether the opera­ 1934, as amended, the said application of of Hope Broadcasting Company (Pile No. tion' of the proposed station would in­ Seminole Broadcasting Company, be, and B3-P-5353) requesting a construction volve objectionable interference with any it is hereby, designated for hearing in permit for a new standard broadcast sta­ existing stations and, if so, the nature a consolidated proceeding with the appli­ tion to operate on 1490 kc, with 250 w and extent thereof, the areas and popu­ cation of E. T. Wright (Pile No. B3-P- power, unlimited time, at Hope, Arkan­ lations affected thereby, and the avail­ 4268; Docket No. 7111), requesting a con­ sas; and ability of other broadcast service to such struction permit for a new standard It appearing, that the Commission on areas and populations. broadcast station to operate on 900 kc, September 5,1946, designated for hearing 5. To determine whether the opera­ 250 w power, daytime only, at Orlando, in a consolidated proceeding the above- tion of the proposed station would in­ Florida, at a time and place to be desig­ entitled applications of Pour States volve objectionable interference with the nated by subsequent order of the Com­ Broadcasting Corporation (Pile No. BS­ services proposed in any of the other ap­ mission, upon the following issues: P-4938, Docket No. 7796) requesting a plications in this consolidated proceed­ 1. To determine the legal, technical, construction permit for a new standard ing, or in any other pending applications financial, and other qualifications of the broadcast station to operate on 1490 kc, for broadcast facilities and, if so, the applicant corporation, its officers, direc­ with 250 w power unlimited time, at Tex­ nature and extent thereof, the areas and tors and stockholders, to construct and arkana, Arkansas and of Magnolia populations affected thereby, and the operate the -proposed station. Broadcasting Company (File No. B 3-P - availability of other broadcast service to 2. To determine the areas and popula­ 5088, Docket No. 7797) requesting a con­ such areas and populations. tions which may be expected to gain struction permit for a new standard 6. To determine whether the installa­ primary service from the operation of broadcast station to operate on 1490 tion and, operation of the proposed sta­ the proposed station and the character kc, with 250 w power, unlimited time, at tion woüld be in compliance with the of other broadcast service availabe to Magnolia, Arkansas, which hearing is Commission’s rules and Standards of those areas and populations. scheduled to be held on November 1, Good Enginering Practice concerning 3. To determine the type and' charac­ 1946; and the Commission on September standard broadcast stations. ter of program service proposed to be 30,1946 designated for hearing in a con­ 7. To determine on a comparative rendered and whether it would meet the solidated proceeding the above-entitled basis which, if any, of the applications requirements of the populations and applications of Clarence E. Faulk, Jr., in this consolidated proceeding should areas proposed to be served. d/b as Ruston Broadcasting Company be granted. 4. To determirie whether the opera­ (Pile No. B3-P-5263, Docket No. 7889) It is further ordered, That the issues tion of the proposed station would in­ heretofore released in Docket Nos. 7796, and Abe B. Harris (Pile No. B3-P-5163, volve objectionable interference with any Docket No. 7888). both requesting con­ 7797, 7888 and 7889 be, and they are hereby, amended by striking therefrom existing broadcast stations and, if so, the struction permits for new standard nature and extent thereof, the areas and broadcast stations to operate on 1490 kc, Issue No. 5 and by substituting therefor the following: populations affected thereby, and the with 250 w power, unlimited time, at availability of other broadcast service to Ruston, Louisiana; 5. To determine whether the operation of the proposed station would involve ob­ such areas and populations. It further appearing, that the opera­ jectionable interference with the services 5. To determine whether the operation tion proposed in the application of Mag­ proposed in any of the other applications nolia Broadcasting Company would in­ of the proposed station would involve ob­ in this consolidated proceeding, or in any jectionable interference with the services volve objectionable interference with the Other pending applications for broadcast operations proposed in the applications proposed in the pending application of of Clarence E. Paulk, Jr., d/b as Ruston facilities and, if so, the nature and ex­ E. T. Wright (Pile No. B3-P-4268) or in tent thereof, the areas and populations any other pending applications for Broadcasting Company, Abe B. Harris, affected thereby, and the availability of Hope Broadcasting Company and Four other broadcast service to such areas and broadcast facilities and, if so, the nature States Broadcasting Corporation; and populations. and extent thereof, the areas and pop­ that the operation proposed in the ap­ It is further ordered, That the said ulations affected thereby, and the avail­ plication of Hope Broadcasting Company ability of other broadcast service to such would involve objectionable interference consolidated proceeding be, and it is hereby, scheduled to be held commencing areas and populations. with the operation proposed in the appli­ 6. To determine whether the instal­ cation of Four States Broadcasting Cor­ on November 1, 1946, at Washington, poration; D. C. lation and operation of the proposed station would be in compliance with It is ordered, That, pursuant to sec­ By the Commission. tion 309 (a) of the Communications Act the Commission’s rules and Standards of 1934, as amended, the hearing hereto­ [ seal] T . J . S lo w ie, of Good Engineering Practice concern­ fore ordered on September 5, 1946, in Secretary. ing standard broadcast stations. Dockets Nos. 7796 and 7797 be, and it is [F. R. Doc. 46-20239; Filed, Nov. 12, 1946; 7. To determine on a comparative hereby, consolidated with the hearing 8:48 a. m.] basis which, if either, of the applica- 13450 FEDERAL REGISTER, Wednesday, November IS, 1946 tions in this consolidated proceeding Docket No. 7916, File No. B2-P-5142; for d/b as The Las Cruces Broadcasting should be granted. construction permit. Company, Las Cruces, New Mexico, At a session of the Federal Communi­ Docket No. 7917, File No. B5-P-4986; for By the Commission. cations Commission, held at its offices in construction permit. [ seal] T. J. S lo w ie, Washington, D. C., on the 17th day of At a session of the Federal Communi­ Secretary. October 1946; cations Commission, held at its offices in [F. R. Doc. 46-20235; Filed, Nov. 12, 1946; The Commission having under consid­ Washington, D. C., on the 17th day of 8:47 a. m.] eration the above-entitled application October 1946; requesting a construction permit for a The Commission having under consid­ new standard broadcast station at Brad- eration the above-entitled application dock, Pennsylvania to operate on 910 kc, for a construction permit for a new [Docket No. 79Î0] with 1 kw power, daytime only; standard broadcast station at Las Cruces R adio B roadcasting Associates It is ordered, That, pursuant to section New Mexico, to operate on a frequency of 1450 kc, with 250 w power, unlimited ORDER DESIGNATING APPLICATION FOR 309 (a) of the Communications Act of 1934, as amended, the said application of time. HEARING ON STATED ISSUES Matta Broadcasting Company be, and it It is order eel, That, pursuant to Sec­ In re application of Radio Broadcast­ is hereby, designated for hearing at a tion 309 (a) of the Communications Act ing Associates, a partnership composed time and place to be designated by sub­ of 1934, as amended, the said application of Eugene L. Roth, James M. Brown and sequent 'order of the Commission, upon 'Of The Las Cruces Broadcasting Com­ Jack L. Pink, Houston, Texas, Docket No. the following issues: pany be, and it is hereby, designated for 7910, File No. B3-P-4563; for construc­ 1. To determine the legal, technical, hearing in a consolidated proceeding with tion permit. financial, and other qualifications of the the application of Messila Valley Broad­ At a session of the Federal Communi­ applicant corporation, its officers, direc­ casting Company (File No. B5-P-5183; cations Commission, held at its offices in tors and stockholders to construct and Docket No. 7918), requesting a construe* Washington, D. C., on the 10th day of operate the proposed station. tion permit for a new standard broadcast October 1946; 2. To determine the areas and popu­ station at Las Cruces,'New Mexico, to The Commission having under con­ lations which may be expected to gain operate on a frequency of 1450 kc, 250 w sideration the above-entitled application primary service from the operation of the power, unlimited time at a time and place for a construction permit for a new proposed station and the character of to be designated by subsequent order of standard broadcast station to operate on other broadcast service available to those the Commission, upon the following the frequency 1170 kilocycles, with 250 areas and populations. issues: watts power, daytime only, at Houston, 3. To determine the type and charac­ 1. To determine the legal, technical, Texas; ter of program service proposed to be financial, and other qualifications of the It is ordered, That pursuant to section rendered and whether it would meet the applicant partnership and the partners 309 (a) of the Communications Act of requirements of the populations and to construct and operate the proposed 1934, as amended, the said application areas proposed to be served. station. be, and it is hereby, designated for hear­ 4. To determine whether the operation 2. To determine the areas and popula­ ing at a time and place to be designated of the proposed station would involve tions which may be expected to gain by subsequent order of the Commission objectionable interference with station primary service from the operation of the upon the following issues:* WMMN, Fairmont, West Virginia or with proposed station and the character of 1. To determine the legal,. technical, any other existing broadcast stations other broadcast service available to those financial, and other qualifications of the and, if so, the nature and extent thereof, areas and populations. applicant partnership and of its mem­ the areas and populations affected there­ 3. To determine the type and charac­ bers, to construct and operate the pro­ by, and the availability^ of other broad­ ter of program service proposed to be posed station, particularly with respect cast service to such areas and popula­ rendered and whether it would meet the to the past activities of such members tions. requirements of the populations and in connection with the management and 5. To determine whether the operation areas proposed to be served. operation of Station KONO. of the proposed station would involve 4. To determine whether the opera­ 2. To determine the areas and popula­ -objectionable interference with the serv­ tion of the proposed station would in­ tions which may be expected to gain pri­ ices proposed in any other pending appli­ volve objectionable interference with mary service from the operation of the cations for broadcast facilities and, if so, any existing broadcast stations and, if proposed station and the character of the nature and extent thereof, the areas so, the nature and extent thereof, the other broadcast service available to those and populations affected thereby, and areas and populations affected thereby, areas and popülations. the availability of other broadcast serv­ and the availability of other broadcast 3. To determine the type and charac­ ice to such areas and populations'. service to such areas and populations. ter of program service proposed to be 6. To determine whether the installa­ 5. To determine whether the opera­ rendered and whether it would meet the tion and operation of the proposed sta­ tion of the proposed station would in­ requirements of the populations and tion would be in compliance with the volve objectionable interference with the areas proposed to be served. Commission’s rules and Standards of services proposed in any other pending 4. To determine whether the installa­ Good Engineering Practice concerning applications for broadcast facilities and, tion and operation of the proposed sta­ standard broadcast stations. if so, the nature and extent thereof, the tion would be in compliance with the It is further ordered, That Mononga- areas and populations affected thereby, Commission’s rules and Standards of hela Valley Broadcasting Company, and the availability of other broadcast licensee of Station WMMN at Fairmont, Good Engineering Practice concerning service to such areas and populations. standard broadcast stations. West Virginia be, and is hereby, made a party to this proceeding. 6. To determine whether the installa­ By the Commission. tion and operation of the proposed sta­ .By the Commission. [ seal] T. J. S lo w ie, tion would be in compliance with the Secretary. [seal] T . J . S lo w ie, Commission’s rules and Standards of Secretary. Good Engineering Practice concerning [F. R. Doc. 46-20236; Filed, Nov. 12, 1946; [F. R. Doc. 46-20237; Filed, Nov. 12, 1946; standard broadcast stations. 8:47 a. m.] 8:47 a. m.] 7. To determine on a comparative basis which, if either, of the applications in this consolidated proceeding should be [Docket No. 7916] [Docket 7917] granted. s M atta B roadcasting Co. L as Cruces B roadcasting Co. By the Commislion, ORDER DESIGNATING APPLICATION FOR HEAR­ ORDER DESIGNATING APPLICATION FOR CON­ [seal] T. J. S lo w ie, ING ON STATED ISSUES SOLIDATED HEARING ON STATED ISSUES Secretary. In re application of Matta Broadcast­ In re application of Louis F. Leurig [F. R. Doc. 46-20243; Filed, Nov. 12, 1946; ing Company, Braddock, Pennsylvania, and F. F. McNaughton a partnership 8:48 a. m.] FEDERAL REGISTER, Wednesday, November 13, 1946 13451

[Docket Nos. 7633, 7634, 7919] existing broadcast stations and, if so, the 850 kc, with 250 w power, daytime only, at Vallejo, California; and H untington P ark B roadcasting Co. nature and extent thereof, the areas and populations affected thereby, and the It appearing further, that the Commis­ et AL. availability of other broadcast service to sion on July 18, 1946, designated for ORDER DESIGNATING APPLICATIONS FOR CON­ such areas and populations. hearing, in consolidations with the said SOLIDATED HEARING ON STATED ISSU ES 5. To determine whether the operation hearing designated for the application In re applications of Frank C. Christl, of the proposed station would involve ob­ of California-Nevada Broadcasting Com­ Mildred Christl, and Joseph J . Carafalo jectionable interference with the services pany, the application of Peninsula News­ d/b as Huntington Park Broadcasting proposed in the other pending applica­ papers Incorporated, requesting a con­ Company, Huntington Park, California, tions involved in this consolidated pro­ struction permit for a new standard Docket No. 7919, File No. B5-P-5340; ceeding or in any other pending applica­ broadcast station to operate on 850 kc, Robert Burdette, San Fernando, Califor­ tions for broadcast facilities and, if so, with 250 w power, daytime only at Palo nia, Docket No. 7634, File No. B5-P-4799; the nature and extent thereof, the areas Alto, California; Santa Monica Broadcasting Company, and populations affected thereby, and It is ordered, That, pursuant to sec­ Santa Monica, California, Docket No. the availability of other broadcast serv­ tion 309 (a) of the Communications Act 7633, File No. B5-P-4792; for construc­ ice to such areas and populations. of 1934, as amended, the said applica­ tion of KTRB Broadcasting Company, tion permits. 6. To determine whether the installa­ At a session of the Federal Communi­ tion and operation of the proposed sta­ Inc. (KTRB) be, and it is hereby, desig­ cations Commission, held at its offices in tion would be in compliance with the nated for hearing in the above consoli­ Washington, D. C., on the 17th day of Commission’s rules • and Standards of dated proceeding to be held at Washing­ October 1946; Good Engineering Practice concerning ton, D. C., on October 28, 1946, upon the The Commission having under consid­ standard broadcast stations. following issues: eration (1) the above-entitled applica­ 7. To determine on a. comparative 1. To determine the technical, finan­ tion of Frank C. Christl, Mildred Christl, basis which, if any, of the applications cial, and other qualifications of the ap­ and Joseph J. Carafalo d/b as Hunting- in this consolidated proceeding should plicant corporation, its officers, directors ton Park Broadcasting Company, re­ be granted. and stockholders to construct and oper­ questing a construction permit for a new It is further ordered, That the orders ate station KTRB as proposed. standard broadcast station to operate of the Commission dated June 13, 1946 2. To determine the areas and popu­ on 1190 kc, with 1 kw power, daytime designating for hearing in a consolidated lations which may be expected to gain or only, at Huntington Park, California; proceeding the above-entitled applica­ lose primary service from the operation and (2) the petition, filed on October 3, tions of Robert Burdette and Santa of station KTRB as proposed and the 1946, by said applicant, requesting that Monica Broadcasting Company be, and character of other broadcast service its applicant be designated for hearing they are hereby, amended to include the available to those areas and populations. in the consolidated proceeding on the above-entitled application of Frank C. 3. To determine the type and charac­ applications of Robert Burdette (File No. Christl, Mildred Christl, and Joseph J. ter of program service proposed to be B5-P-4799; Docket No. 7634) requesting Carafalo d/b as Huntington Park Broad­ rendered and whether it would meet the a construction permit for a new standard casting Company. requirements of the populations and areas proposed to be served. broadcast station to operate on 1190 kc, By the Commission. 4. To determine whether the operation with 1 kw power, daytime only, at San of station KTRB as proposed would in­ Fernando, California, and Santa Monica . [SEAL] T. J. Slowie, Secretary. volve objectionable interference with any Broadcasting Company (File No. B 5-P - existing broadcast stations and, if so, 4792; Docket No. 7633) requesting a con­ [F. R. Doc. 46-20241; Filed, Nov. 12, 1946; 8:48 a. m.] the nature and extent thereof, the areas struction permit for a new standard and populations affected thereby, and broadcast station to operate on 1190 kc, the availability of other broadcast service with 1 kw power, daytime only, at Santa to such areas and populations. Monica, California, now scheduled to be [Docket Nos. 7564, 7677, 7920] 5. To determine whether the operation held on November 6, 1946 at Washing­ ton, D. C. KTRB B roadcasting C o. E t Al of station KTRB as proposed would in­ volve objectionable interference with the It is ordered, That, pursuant to section ORDER DESIGNATING APPLICATION FOR CON­ services proposed in the pending appli­ 309 (a) of the Communications Act of SOLIDATED HEARING ON STATED ISSUES cations of the other parties to this con­ 1934, as amended, the petition of Frank solidated proceeding or in any other C. Christl, Mildred Christl, and Joseph In re applications of KTRB Broadcast­ ing Company, Inc. (K TR B), Modesto, pending applications for broadcast facil­ J. Carafalo d/b as Huntington Park ities and, if so, the nature and extent Broadcasting Company be, and it isj|iere- California, Docket No. 7920, File No. B5-P-5349; California-Nevada Broad­ thereof, the areas and populations af­ by, granted, and the application of said fected thereby, and the availability of applicant be and it is hereby, designated casting Company, Vallejo, California, Docket No. 7564, File No. B5-P-4614; other broadcast service to such areas and for Rearing in the above consolidated populations. proceeding to be held at Washington, Peninsula Newspapers Incorporated, Palo Alto, California, Docket No. 7677, File No. 6. To determine whether the installa­ D. C., on November 6, 1946, upon the tion and operation of station KTRB as following issues: B5-P-4803; for construction permits. At a session of the Federal Communi­ proposed would be in compliance with !• To determine the legal, technical, the Commission’s rules and Standards of financial, and other qualifications of the cations Commission, held at its offices in Washington, D. C., on the 17th day of Good Engineering Practice concerning applicant partnership and the partners October 1946; standard broadcast stations. to construct and operate the proposed 7. To determine on a comparative station. The Commission having under con­ sideration the above-entitled applica­ basis which, if any, of the applications in 2. To determine the areas and popula­ this consolidated proceeding should be tions which may be expected to gain pri­ tion of KTRB Broadcasting Company, Inc. (KTRB) , requesting a construction granted. mary service from the operation of the It is further ordered, That the order of proposed station and the character of permit to change the present facilities of Station KTRB at Modesto, California, of the Commission dated May 2, 1946, des­ other broadcast service available to those ignating for hearing the said application areas and populations. 860 kc, 1 kw power, unlimited time, di­ rectional antenna at night, so as to in­ of California-Nevada Broadcasting Com­ 3. To determine the type and char­ pany, and the order of the Commission acter of program service proposed to be crease daytime power to 5 kw; and dated July 18,1946, designating for hear­ rendered and whether it would meet the It appearing, that the Commission on ing, in consolidation with the said hear­ requirements of the populations and May 2, 1946, designated for hearing the ing designated for the application of areas proposed to be served. above-entitled application of Calif ornia- California-Nevada Broadcasting Com­ 4. To determine whether the operation Nevada Broadcasting Company, request­ pany, the application of Peninsula News­ of the proposed station would involve ing a construction permit for a new papers, Incorporated, be, and they are objectionable interference with any standard broadcast station to operate on hereby, amended to include the above- No. 221------3 13452 FEDERAL REGISTER, Wednesday, November IS, 1946 entitled application of KTRB Broadcast­ In accordance with the procedure set 2 to Rate Schedule FPC No. 108 and that ing Company, Inc. (K T R B ). out in said rule, no action will be had said filing be suspended pending hearing and decision thereon. .By the Commission. upon the application for a period of 60 days from October 25,1946 within which The Commission orders th at: [ seal] T. J. S lo w ie, time other persons desiring to apply for (A) A public hearing be held on a date Secretary. the facilities involved may do so upon to be hereafter fixed by the Commission [F. R. Doc. 46-20240; Filed, Nov. 12, 1946; 8:48 the same terms and conditions as set in the Hearing Room of the Federal a. m.] forth in the above-described contract. Power Commission, Hurley-Wright (Section 310 (b), 48 Stat. 1086; 47 USCA Building, 1800 Pennsylvania Avenue, 310(b)) N. W., Washington, D. G., concerning the lawfulness of the rates, charges, classifi­ [seal) F ederal Communications S tation WPOR1 cation, and service, subject to the juris­ C om m issio n, PUBLIC NOTICE CONCERNING PROPOSED diction of the Commission, effected by T . J . S lo w ie, ASSIGNMENT OF LICENSE Secretary. the aforesaid Supplement No. 2 to Rate The Commission hereby gives notice Schedule FPC No. 108 filed by Panhandle [F. R. Doc. 46-20244; Filed, Nov. 12, 1946; Eastern Pipe Line Company. that on October 26, 1946, there was filed 8:48 a. m.] with it an application (Bl-AL-562) for (B) Pending such hearing and decision its consent under section 310 (b) of the thereon, Panhandle’s Supplement No. 2 Communications Act (47 U. S. C. A. 310) to Rate Schedule FPC No. 108, insofar as such supplemental schedule provides for to the proposed assignment of license of FEDERAL POWER COMMISSION. the sale of natural gas other than for standard broadcast station WPOR, Port­ resale for industrial use only, be and the land, Maine from Centennial Broadcast­ • [Docket No. G-807] ing Company, Inc. to Oliver Broadcasting same hereby is suspended until April 9, Company, 2237 Oliver Building, Pitts­ P anhandle E astern P ip e L in e C o. 1947, and until such time thereafter as burgh, Pennsylvania. The proposal to ORDER SUSPENDING RATE SCHEDULE such supplement shall be made effective in the manner prescribed by the Natural assign said license is based upon an Novem ber 5,1946. agreement of September 12, 1946 be­ Gas Act. tween Centennial Development Com­ It appearing to the Commission that: (C) Interested State commissions may participate as provided in Rule 8 (18 pany, Inc. (which ownsj>7,500 shares or (a) Panhandle Eastern Pipe Line Com­ 95.8% of the outstanding stock of Cen­ pany, hereinafter sometimes referred to CFR 1.8) and Rule 37 (18 CFR 1.37) of as “Panhandle,” on October 10,1946, filed the Commission’s rules of practice ar ’ tennial Broadcasting Company, Inc., procedure. Station WPOR) and William S. Newell with the Commission a supplementary and Humboldt J. Greig, pursuant to agreement, dated July 30, 1946, entered Date of issuance: November 6,1946. into with The Ohio Fuel Gas Company, which the former agrees to sell to the By the Commission. latter all of its stock holdings -in WPOR hereinafter sometimes referred to as “Ohio Fuel,” as a rate schedule relating for a consideration of $96,250 in cash. [ seal ] L eon M. F uqua y , to natural gas service and designated by Secretary. The agreement also provides purchasers the Commission as Panhandle Supple­ will pay indebtedness and interest there­ ment No. 2 to Rate Schedule FPC No. [F. R. Doc. 46-20208; Filed, Nov. 12, 1946; on at 3% of licensee to seller. Pur­ 108.V XJ 8:49 a. m.] chasers are also to pay seller any further (b) The aforesaid supplement provides, loans made by it to licensee prior to clos­ for a decrease in the volume of natural ^ [Docket No. IT-5665] ing with interest at 3%. Prom the con­ gas which Panhandle is now obligated tract it appears that licensee is now in­ to deliver to Ohio Fuel on a firm basis Connecticut L ight and P ower Co. debted upon its promissory note in and for the supplying of natural gas in ORDER POSTPONING, AND PERMITTING PAR­ amount of $25,000 dated March 1, 1946 substitution thereof on an interruptible TICIPATION IN, ORAL ARGUMENT and owes on open account an additional basis if and when available in the discre­ November 5, 1946. $5,000 bearing the same interest from tion of Panhandle. July 24, 1946. On October 16, 1946, said (c) The aforesaid supplement by v Upon consideration of the petition filed Newell and Greig assigned their rights changing, in part, the class of service November 1, 1946, by the National As­ under the above contract to Oliver now rendered by Panhandle to Ohio Fuel sociation of Railroad and Utilities Com­ Broadcasting Corporation. Prom the will effect rates and charges to Ohio Fuel missioners, papers it also appears that William S. higher than rates and charges demanded The Commission orders that: Newell has sold'to Oliver Broadcasting by Panhandle from other customers, in (A) |The oral argument in the above- Corporation all of his 2500 shares (4.2%) that Ohio Fuel will be charged firm serv­ entitled matter, as heretofore set for of the stock of WPOR and that it is the ice rates for deliveries of natural gas November 25,1946, is hereby set to com­ Intent of licensee, of WPOR to transfer which are not firm. mence at 10:00 a. m., December 11,1946, and assign all of its assets to said Oliver (d) The changes to be effected in the in the Commission’s Hearing Room, 1800 Broadcasting Corporation upon approval rates, charges, classification and service Pennsylvania Avenue, N. W., Washing­ of the Commission. Further details as set forth in the aforesaid Supplement ton. D, C., before the Commission; to arrangements between the parties and No. 2 may be unjust, unreasonable, un­ (B) The National Association of Rail­ concerning the application may be de­ duly discriminatory, and unlawful and road and Utilities Commissioners is termined from examination of the papers place an undue burden upon ultimate granted leave to appear at the oral argu­ which are on file in the offices of the consumers of natural gas. ment in the above-entitled matter. Commission in Washington; D. C. (e) The aforesaid Supplement No. 2 Date of issuance: November 6, 1946. On July 25, 1946 the Commission was filed by Panhandle without full com­ adopted Rule 1.388 (known as Rule 1.321 pliance with section 154.3 C of the Com­ By the Commission. effective September 11, 1946) which sets mission’s rules of practice and procedure out the procedure to be followed in such [ seal] L eon M. F uquay, and such supplement has not been shown Secretary. cases, including the requirement for pub­ to be justified. lic notice concerning the filing of the ap­ [F. R. Doc. 46-20207; Filed, Nov. 12, 1946; The Commission finds that: It is neces­ 8:49 a. m.] plication. Pursuant thereto the Com­ sary and desirable in the public interest mission was advised by applicants at the that the Commission enter upon a hear­ time of the filing of the application (Oc­ ing concerning the lawfulness of the INTERSTATE COMMERCE COMMIS­ tober 26, 1946) that starting on October rates, charges, classification and service 25, 1946 notice concerning the applica­ affected by the aforesaid Supplement No. SION. tion would be given in conformity with [S. O. 640] the above rule. 1 Rate Schedule FPC No. 108 is a contract U nloading of Coal at P ort Arthur, T e x . dated February 9, 1945, relating to the fur­ 1 Section 1.321, Part I, Rules of Practice and nishing of natural gas by Panhandle to Ohio At a session of the Interstate Com­ Procedure. Fuel. merce Commission, Division 3, held at its FEDERAL REGISTER, Wednesday, November 13, 1946 13453 office in Washington, D. C., on the 6th 6 of the Emergency Price Control Act of SECURITIES AND EXCHANGE COM­ day of November A. D. 1946. 1942, as amended, duly filed an applica­ MISSION. tion for adjustynent of maximum prices It appearing, that 36 cars containing [File No. 55-90] coal at Port Arthur, Texas, on The of finished rice produced in the South. Kansas City Southern Railway Com­ This application is now being considered S amuel Hoar and E dward R . L angenbach pany, have been on hand for an unrea­ by this office. sonable length of time and that the delay Section 2 (a) (1) of the regulation NOTICE OF FILING AND ORDER FOR HEARING in unloading said cars is impeding their provides that any person, may if author­ At a regular session of the Securities use; in the opinion of the Commission ized by the Office of Price Administration, and Exchange Commission held at its an emergency exists requiring immediate deliver or agree to deliver at prices to be office in the City of Philadelphia, Pa., action. It is ordered that: adjusted upward in accordance with ac­ on the 5th day of November, 1946. (a) Coal at Port Arthur, Texas, be un­ tion taken by the Office of Price Adminis­ Notice is hereby given that Samuel loaded. The Kansas City Southern Rail­ tration after delivery; that such author­ Hoar of Goodwin, Procter & Hoar, 84 way Company, its agents or employees, ization may be given when a request for State Street, Boston, Massachusetts, and shall unload immediately R I 187534, T&P a change in the applicable maximum Edward R. Langenbach of Brickley, 9087 and 34 other cars, containing coal, pried'is pending but only if the authori­ Sears & Cole, of 1 Federal Street, Boston, now on hand at Port Arthur, Texas, all zation is necessary to promote distribu­ Massachusetts, have filed with this Com­ cars having been loaded from steamer tion or production and if it will not in­ mission an application pursuant to Rule “Edward Richardson.” terfere with the purposes of the Emer­ U-63, promulgated under section 11 (f) (b) Demurrage. No common carrier gency Price Control Act of 1942, as of the Public Utility Holding Company by railroad subject to the Interstate amended; and that the authorization Act of 1935, for the approval of $35,000 Commerce Act shall charge or demand or may be given by an order of the Admin­ as the maximum amount for which ap­ collect or receive any demurrage or stor- ' istrator. plication may be made to the District age charges, for the detention under load Rice is the staple commodity of Puerto Court of the United States for the Dis­ of any car specified in paragraph (a) of Rico and considerable quantities are re­ trict of Massachusetts for an interim al­ this order, for the detention period com­ quired to be imported from the United lowance for their services rendered as mencing at 7:00 a. m., November 9, 1946, States. The Price Administrator has trial counsel to Bartholomew A. Brickley, and continuing until the actual unload­ been advised that sellers in general are Trustee of International Hydro-Electric ing of said car or cars is (completed. reluctant to ship rice to Puerto Rico System, a.registered holding company, (c) Provisions suspended. The opera­ pending decision on the request which from November 15, 1945 to October 29, tion of any or all rules, regulations, or has been made by the industry for in­ 1946, and for the reimbursement of $1,- practices, insofar as they conflict with creases in maximum prices of finished 390.59 for expenses incurred during that the provisions of this order, is hereby rice. In view of the importance of this period. suspended. food product to the people of Puerto All interested persons are referred to (d) Notice and expiration. Said car­ Rico, the Price Administrator is of the * said application, which is on file in the rier shall notify V. C. Clinger, Director, opinion that it is desirable, in order to offices of this Commission for a state­ Bureau of Service, Interstate Commerce encourage immediate exportation of rice ment of the services rendered, which are Commission, Washington; D. C., when it to Puerto Rico, to permit sellers to take summarized as follows: has completed the unloading required by advantage of any increase in maximum On December 8,1944 Samuel Hoar and paragraph (a) hereof, and such notice prices which may be granted as a result Edward R. Langenbach were appointed shall specify when, where, and by whom of the action taken on the pending re­ trial counsel by order of said District such unloading was performed. Upon quest for increases in maximum prices. Court for the purpose of instituting and receipt of that notice this order shall T h ef Price Administrator is further of prosecuting actions on behalf of Bar­ expire. (40 Stat/lOl, sec. 402; 41 Stat. the opinion that this authorization is tholomew A. Brickley, Trustee of Inter­ 476, sec. 4; 54 Stat. 901, 911; 49 U. S. C. 1 necessary to promote distribution and national Hydro-Electric System against (10)-(17), 15 (2)) that it will not interfere with the pur­ International Paper Company. During It is further ordered, That this order poses of the Price Control Act. the period from November 15, 1945 to shall become effective immediately; that After due consideration of the fore­ October 29, 1946, the services of such a copy of this order and direction be going and pursuant to section 2 (a) (1) trial counsel included work on, and con­ served upon the Association of American of Second Revised Maximum Price Regu­ summation of, a settlement of certain Railroads, Car Service Division, as agent lation 150, It is hereby ordered: litigation brought in the name of Bar­ of the railroads subscribing to the car 1. That, pending final action on the tholomew A. Brickley, Trustee of Inter­ service and per diem agreement under application pending in this Office for national Hydro-Electric System, against the terms of that agreement; and that increases in the prices of milled rice, any International Paper Company, and of notice of this order be given to the gen­ person may sell and deliver, or agree to other related litigation, for the sum of eral public by depositing a copy in the sell and deliver, milled rice for export to $10,000,000, which settlement was ap­ office of the Secretary of the Commis­ Puerto Rico, the prices to be adjusted proved by order of said District Court, sion, at Washington, D. C., and by filing upward in accordance with any action dated December 26, 1945, and the brief­ it with the Director, Division of the Fed­ taken by this Office on such application. ing and arguing of an appeal from said eral Register. 2. That no seller may receive and no order brought by a holder of the Class A buyer may pay any amount in excess of stock of International Hydro-Electric By the Commission, Division 3. the maximum prices that are now speci­ System, which appeal is now pending in fied in Second Revised Maximum Price the United States Circuit Court of Ap­ [seal] W. P. B artel, Regulation 150 until and unless final peals for the First Circuit. Secretary. action is taken on the application now It appearing to the Commission that [F. R. Doc. 46-20206; jPiled, Nov. 12*, 1946; pending permitting the increase in it is appropriate in the public interest 8:49 a. m.] prices. and in the interest of investors and con­ 3. That this order may be amended, sumers that a hearing be held with re­ modified, or revoked at any time, and spect to said application: 4. That this order shall become effec­ It is ordered, Pursuant to Rule U-63 OFFICE OF PRICE ADMINISTRATION. tive immediately. promulgated under the Public Utility Holding Company Act of 1935 and sec­ [2d Rev. MPR 150, Order 3] Issued this 12th day of November 1946. tions 11 (f) and 18 of said act, that a F inished R ice % P roduced in S outh P aul A. P orter, hearing on said application be held on Administrator. November 21, 1946 at 9:45 a. m. (e. s. t.). adjustment of maximum prices Approved: November 8, 1946. at the offices of the Securities and Ex­ Second Revised Maximum Price Reg­ change Commission, 18th and Locust ulation 150 provides maximum prices for N. E. D odd, Streets, Philadelphia 3, Pennsylvania. milled rice. On October 21, 1946, the Under Secretary of Agriculture. On such date, the hearing-room clerk in Rice Milling Industry Advisory Commit­ [F. R. Doc. 46-20349; Filed, Nov. 12, 1946; Room 318 will advise as to the room in tee, pursuant to the provisions of section 11:27 a. m.] which such hearing will be held. 13454 FEDERAL REGISTER, Wednesday, November 13, 1946

It is further ordered, That Richard to the Public Utility Holding Company equal to quotations in the over-the- Townsend, or any other officer or officers Act of 1935. Sections 6 (b), 9 (a) and 10 counter market at the time of purchase. of the Commission designated by it for of the act and Rule U-62 of the rules It appearing to the Commission that that purpose, shall preside at such hear­ and regulations promulgated thereunder it is appropriate in the public interest ing. The officer so designated to preside are designated by the filing as being and in the interests of investors and con­ at such hearing is hereby authorized to applicable to the proposed transactions. sumers that a hearing be held with re­ exercise all powers granted to the Com­ All interested persons are referred to spect to said joint application-declara­ mission under section 18 (c) of said act said joint application-declaration, which tion, and that said application should and to a hearing officer under the Com­ is on file in the office of this Commission, not be granted nor said declaration per­ mission’s rules of practice. for a statement of the transactions mitted to become effective except pur­ The Public Utilities Division of the therein proposed, which are summarized suant to further order of this Commis­ Commission having advised the Commis­ as follows: sion; sion that it has made a preliminary ex­ Birmingham proposes to issue and sell It is hereby ordered, That a hearing on amination of the application, and that, 45,509 additional shares of its common said joint application-declaration under on the basis thereof, the following mat­ stock, par value $2 per share, ^uch the applicable provisions of the act and ters and questions are presented for con­ shares would be offered (in the ratio of the rules and regulations of the Com­ sideration by the Commission, without one-fifth share for each share held of mission promulgated thereunder be held prejudice, however, to the presentation record) for subscription pro rata by the on November 19, 1946, at 10:00 a. m., of additional matters and questions upon stockholders of Birmingham at the price e. s. t., at the office of the Securities and further examination: of $8 per share. Transferable warrants Exchange Commission, 18th and Locust 1. Whether or not the maximum expiring 30 days after their issue and Streets, Philadelphia 3, Pennsylvania. amount requested as interim compensa­ evidencing such right to subscribe for the On that day the hearing room clerk will tion is fair and reasonable. additional shares would be issued to all advise as to the room where the hearing 2. Whether or not the expenses for present holders of Birmingham’s com­ will be held. It is requested that any which reimbursement is asked should be mon stock. Warrants in respect of frac­ person desiring to be heard in these pro­ paid to applicants. tions of a share would be issued entitling ceedings shall file with the Secretary of It is further ordered, That particular the holder, upon surrender thereof and this Commission on or before November attention be directed at said hearing to of other warrants together aggregating' 14, 1946, an appropriate request or ap­ the foregoing matters and questions. one or more full shares, to subscribe to plication to be heard, "as provided in Rule It is further ordered, That any person the number of full shares which such X V n of the Commission’s rules of prac­ desiring to be heard in connection with warrants shall together aggregate, but no tice. this proceeding or proposing to intervene subscription would be accepted for frac­ It is further ordered, That Willis E. herein shall file with the Secretary of the tional shares. Monty, of any other officer or officers of Commission on or before November 19, The proceeds from the sale of the addi­ the Commission designated by it for that 1946, his request or application therefor tional shares of Birmingham’s common purpose, shall preside at the hearing as provided in Rule XVII of the rules of stock would be used for construction of above ordered. The officer so designated practice of the Commission. additions and extensions to its proper­ to preside at the hearing is hereby au­ It is further ordered, That notice of ties. thorized to exercise all powers granted to this hearing be given to Samuel Hoar Birmingham proposes to solicit proxies the Commission under section 18 (c) of and Edward R. Langenbach, and to Bar­ from its stockholders for the purpose of said act and to a hearing officer under tholomew A. Brickley, Trustee of Inter­ voting upon an increase in its authorized the Commission’s rules of practice. national Hydro-Electric System, by reg­ common stock and requests that x&iis The Public Utilities Division having istered mail, and to all other interested joint application-declaration be regard­ advised the Commission that it has made persons, by publication in the F ederal ed as a declaration under Rule U-62. a preliminary examination of said joint R egister, and that Samuel Hoar and Ed­ Southern proposes to make an offer to application-declaration, and that, on the ward R. Langenbach shall mail a copy of purchase all or any part of the outstand­ basis thereof, the following matters and this notice of filing and order for hearing ing minority interest in the- common questions are presented for consideration to all persons granted intervention or stock of Birmingham (except the shares by the Commission without prejudice, participation in Civil Action No. 2430 in held by C. van den Berg, Jr., a director however, to the presentation of addi­ the United States District Court for the of Southern) at the price of $10 per tional matters and questions upon fur­ District of Massachusetts. share, said offer to expire 60 days after ther examination: Birmingham advises its stockholders of (1) Whether the proposed issue and By the Commission. the proposed sale of additional stock. sale by Birmingham of additional com­ [ seal] Orval L. D uB o is, At Southern’s option, such offer may be mon stock and subscription warrants are Secretary. extended for a further period or periods solely for the purpose of financing the [P. R. Doc. 46-20171; "Piled, Nov. 12, 1946; not exceeding 60 days in the aggregate. business of Birmingham and have been 8:50 a. m.] Southern proposes to exercise its pro expressly authorized by the State Com­ rata portion of the subscription warrants mission of the State in which it is organ­ of Birmingham and to offer to purchase ized and doing business; all or any part of the subscription war­ (2) Whether the acquisitions by • [File No. 70-1388] rants to be issued to the minority stock­ Southern of shares of common stock and S outhern Natural G as Co. and B irming­ holders of Birmingham’s common stock subscription warrants of Birmingham ham G as Co. at the price of $0.40 for the rights issued from other stockholders, and from Bir­ in respect of each share, or $2.00 for a mingham, comply with the requirements NOTICE OF FILING AND NOTICE OF AND ORDER warrant to subscribe for one full share. of section 10 of the act; FOR HEARING This offer would expire at the expiration (3) Whether the-declaration with re­ At a regular session of the Securities date of such warrants. In addition spect to solicitation of proxies of stock­ and Exchange Commission, held at its Southern proposes to purchase, within holders of Birmingham should be per­ offices in the City of Philadelphia, Penn­ 10 days after the expiration of such war­ mitted to become effective; sylvania, on the 6th day of November rants, a number of shares equal to the (4) Whether the fees, commission, and A. D. 1946. number of shares proposed to be issued other remuneration to be paid in connec­ Notice is hereby given that Southern by Birmingham and not otherwise sub­ tion with the proposed transactions are Natural Gas Company (“Southern”), a scribed for. reasonable; registered holding company and a sub­ Southern further proposes, subsequent (5) Whether the proposed accounting sidiary of Federal Water and Gas Cor­ to the expiration of the offers mentioned treatment of the proposed transactions poration, also a registered holding com­ above, to purchase additional shares of is proper and and in conformity with pany, and Birmingham Gas Company Birmingham’s common stock from bro­ sound accounting principles ; (“Birmingham”), a gas utility company kers in the open market at prices current (6) What terms and conditions, if any, and a subsidiary of Southern, have filed at the time of purchase, or direct from with respect to the proposed transactions a joint application-declaration pursuant stockholders at prices approximately should be prescribed in the public inter- FEDERAL REGISTER, Wednesday, November IS, 1946 13455 est or for the protection of investors or a rate to be finally agreed upon, pres­ with the amounts of such proposed plant consumers. ently estimated at 2% per annum, and adjustments. It is further ordered, That particular are to mature in equal semi-annual in­ It appearing to the Commission that attention be directed at said hearing to stallments from 1947 to 1956. it is appropriate in the public interest the foregoing matters and questions. Prior to the sale by Toledo of the and in the interest of investors and con­ It is further ordered, That the Secre­ aforesaid securities, Cities proposes to sumers that a hearing be held with re­ tary of the Commission shall serve no­ donate to Toledo $5,000,000 in cash and spect to the matters set forth in said ap­ tice of the aforesaid hearing by mailing 133 shares of Toledo’s $100 par value plications and declarations and that said a copy of this order by registered mail to Preferred Stocfc held by Cities. Toledo applications and declarations shall not Southern Natural Gas Company, Bir­ proposes to credit Capital Surplus in an be granted or permitted to become effec­ mingham Gas Company, and the Ala­ amount equal to the proposed donations. tive except pursuant to further order of bama Public Service Commission, that Toledo proposes to use the net proceeds this Commission. notice of said hearing shall be given to of the proposed sale of the Bonds and It is ordered, That a hearing on said all other persons by general release of Preferred Stock, exclusive of accrued in­ applications and declarations, pursuant this Commission which shall be distrib­ terest and dividends, toward the redemp­ to the applicable provisions of the act uted to the press and mailed to the mail­ tion of its outstanding securities, as set and the rules and regulations thereunder ing list for releases issued under the forth below: be held on November 18, 1946, at 11:00 Public Utility Holding Company Act of (1 ) to the redemption, at a. m., e. s. t., at the offices of this Com­ 1935, and that further notice be given to 104% % of the principal mission, 18th and Locust Streets, Phila­ all persons by publication of this notice amount, of $30,000,000 prin­ delphia 3, Pennsylvania. On such date and order in the F ed era l R e g is t e r . cipal amount of the first the hearing room clerk in Room 318 will By the Commission. mortgage bonds, 3% % Series advise as to the room in which such hear­ due 1968 (exclusive of in­ ing shall be held. Any person desiring [ se a l ] O rval L. D u B o is , terest) ______.______$31, 350, 000 to be heard or otherwise wishing to par­ Secretary. (2 ) to the redemption, at 105% of the principal amount, ticipate in this proceeding shall file with [F. R. Doc. 46-20172; Filed, Nov. 12, 1946; of $3,000,000 principal amount the Secretary of the Commission on or 8:49 a. m.] of the first mortgage bonds, before November 15, 1946, a written re­ 3 %% Series due 1970 (ex­ quest relative thereto as provided by clusive of interest)______3,150,000 Rule XVII of the Commission’s rules of (3) to the redemption, at practice. [File No. 70-1389] 103%% of the principal It is further ordered, That Willis E. amount, of $4,894,0001 3%% Monty or any other officer or officers of T oledo E d iso n C o . and C i t i e s S e r v ic e C o . sinking fund debentures, due 1960 (exclusive of interest)__ 5, 065,290 this Commission designated by it for that NOTICE OF FILING AND NOTICE OF AND ORDER (4) to the redemption of $16,- purpose, shall preside at such hearing. FOR HEARING 123,1002 aggregate par value The officer so designated to preside at of preferred shares at the re­ such hearing is hereby authorized to ex­ At a regular session of the Securities demption prices applicable ercise all powers granted to the Commis­ and Exchange Commission, held at its thereto (exclusive of divid- sion under section 18 (c) of the act arid office in the City of Philadelphia, Pa., on dends)______17,341,300 to a hearing officer under the Commis­ the 5th day of November A. D. 1946. sion’s rules of practice. Notice is hereby given, that applica­ 56,906, 590 The Public Utilities Division of the tions and declarations have been filed v.1 Exclusive of $181,000 principal amount Commission having advised the Com­ with this Commission, pursuant to the drawn by lot on October 21, 1946 for re­ mission that it has made a preliminary Public Utility Holding Company Act of demption through the operation of the sink­ examination of the applications and 1935, by The Toledo Edison Company ing fund on December 1, 1946. 2 The balance ($13,300 aggregate par value) declarations and that, upon -the basis (“Toledo”) , a subsidiary of Cities Service thereof, the following matters and ques­ Company (“Cities”) , a registered holding is owned by Cities and will be donated to Toledo for cancellation and retirement. tions ^ r e presented for consideration, company, and by Cities. The applicants- without prejudice to its specifying addi­ declarants have designated sections 6 In addition, the said net proceeds will tional matters and questions upon fur­ (b), 9 (a), 10, 12 (b) and 12 (c) of the be applied to the payment of expenses ther examination: act and Rules U-42, U-45 and U-50 incurred in connection with such re­ 1. Whether the proposed issue and sale thereunder as applicable to the proposed demptions, including overlapping inter­ of securities by Toledo is exempt from transactions. est and dividends. To the extent that the provisions of section 7 of the act pur­ AH interested persons are referred to such net proceeds are not sufficient for suant to section 6 (b) thereof, and par­ said applications and declarations on file the above purposes, Toledo proposes to ticularly whether said issue and sale is in the office of this Commission for a use the proceeds of the Bank Loan Notes solely for the purpose of financing the statement of the transactions therein and such portion of the $5,000,000 cash business of Toledo and has been expressly proposed which may be summarized as donation, proposed by Cities, as may be follows: authorized by the State commission of required. the State in which it is organized and Toledo proposes to issue and sell, pur­ Toledo proposes to increase the stated doing business. suant to the competitive bidding pro­ value of its outstanding 1,387,500 shares 2. Whether in the event such exemp­ visions of Rule U-50, $32,000,000 princi­ of no par value Common Stock from $10 tion is granted to Toledo, what terms and pal amount of its First Mortgage Bonds, to $12 per share by transferring conditions, if any, should be imposed in —% Series due 1976, the interest rate and $1,990,851 of Capital Surplus and $784,149 the public interest or for the protection price to Toledo to be determined by com­ of Earned Surplus to Capital. of investors or consumers. petitive bidding. Toledo proposes to amend its Articles 3. Whether the proposed increase in Toledo proposes to issue and sell, pur­ of Incorporation, to (a) authorize 300,000 and reclassification of the authorized suant to the competitive bidding provi­ shares of $100 par value Cumulative Pre­ Common Stock of Toledo will result in an sions of Rule U-50, 160,000 shares of its ferred Stock, issuable in series, of which unfair and inequitable distribution of $100 par value —% Cumulative Preferred an initial series of 160,000 authorized voting power among the security holders Stock, the dividend rate and the price to shares is to be designated “_% Cumu­ of Toledo or are otherwise detrimental to Toledo to be determined by competitive lative Preferred Stock,” (b) authorize the public interest or the interest of in­ bidding, f 5,000,000 shares of $6 par value Common vestors or consumers. Toledo proposes to enter into a Bank Stock, and (c) to reclassify its 1,387,500 4. Whether the terms and conditions Loan agreement with The Chase Na­ outstanding shares of no par value com­ of the transactions proposed between tional Bank of the City of New York mon stock into 2,775,000 shares of $6 par Toledo and Cities are detrimental to the pursuant to which Toledo proposes to is­ value common stock. public interest or to the interest of in­ sue and sell $4,500,000 principal amount Toledo proposés to eliminate from its vestors or consumers. oi Bank Loan Notes to said Bank. The Plant Account amounts aggregating 5. Whether the proposed donations by ■Sank Loan Notes are to bear interest at $3,022,449 by charging Capital Surplus Cities to Toledo are detrimental to the

I 13456 FEDERAL REGISTER, Wednesday, November 13, 1946

public interest or to the interest of in­ nection with the proposed transactions Company, Federal Power Commission vestors or consumers. are for necessary services and are rea­ and to The Public Utilities Commission 6. Whether the proposed eliminations sonable in amount. of the State of Ohio, by registered mail, of $3,022,449 from Toledo’s Plant Ac­ 8. Whether the accounting entries to and to all other persons by publication of count eliminates all known write-ups and be made in connection with the proposed this notice and order in the F ederal inflationary items in the plant and prop­ transactions are proper and are in R egister aftd by general release of this erty account of the company, if not, what accordance with sound accounting Commission distributed to the press and further action, if any, Toledo should be principles. mailed to the mailing list for releases issued under the Public Utility Holding required to take with respect thereto^ It is ordered, That at said hearing evi­ dence shall be adduced with respect to Company Act of 1935. and whether the reserves for retirements the foregoing matters and questions. By the Commission. and depreciation will be adequate in re­ It is further ordered, That notice of lation to the plant and property so ad­ said hearing be, and hereby is, given to [seal] Orval L. DuB ois, justed. Toledo and Cities, and to all interested Secretary. 7. Whether the fees, commissions, or persons, said notice to be given to The [P. R. Doc. 46-20173; Filed, Nov. 12, 1946; other remunerations to be paid in con­ Toledo Edison Company, Cities Service 8:49 a. m.]