VOLUME 13 ^ OyirrEO ^ NUMBER 168

Washington, Friday, August 27, 1948

TITLE 6— AGRICULTURAL CREDIT committees, and county agricultural CONTENTS conservation committees under the Chapter II— Production and Mar­ general supervision and direction of the Air Force Department Pa8® keting Administration (Commodity Manager, CCC. Forms will be distrib­ Rules and regulations: Credit) uted through the offices of State and Note regarding regulations____ 5007 county committees. County commit­ [1948 C. C. C. Bye B ulletin 1] tees will determine or cause to be deter­ Alien Property, Office of mined the quantity and grade of the Notices: P a rt 266- —R y e L o a n s a n d P u r c h a s e rye, the amount of the loan or purchase, Vesting orders,* etc.: A g r e e m e n t s and the value of the rye delivered under Bahnsen, Emma, et al______5015 1848 RYE PRICE SUPPORT PROGRAM the program. All loan and purchase Compagnie Electro - Mécan­ BULLETIN documents will be completed and ap­ ique— _— c------5016 proved by the county committee, which Del Drago, Marcel______5015 This bulletin states the requirements Garibaldi, Hope MacMichael- 5016 with respect to the 1948 Rye Loan and will retain copies of airsuch documents. The county committee may designate Heiler, Joseph W______5016 Purchase Agreement Program formu­ Heyman, Hella Hilde______5016 lated by Commodity Credit Corporation in writing certain employees of the coun­ ty agricultural conservation association Hirschberg, Alex______5016 (hereinafter referred to as CCC) and Rothschild, Kurt______5016 the Production and Marketing Adminis­ to approve forms on behalf of the com­ tration (hereinafter referred to as mittee. Army Department PMA). Loans and purchase agreements The county committee will furnish the Rules and regulations: will be made available in accordance borrower with the names of local lending Transfer of regulations______4999 with this bulletin on eligible rye pro­ agencies approved for making disburse­ Census Bureau duced in 1948. ment on loan documents or with the ad­ dress of the CCC field office to which Rules and regulations: Sec. loan documents may be forwarded for Foreign trade statistics: 266.201 A dm inistration. disbursement. Export Declaration, Shipper’s; 266.202 Availability of loans and purchase additional copies required agreements. § 266.202 Availability of loans and for export control______4999 266.203 Approved lending agencies. purchase agreements—(a) Area. (1) Shipping weight information 266.204 Eligible producer. Loans shall be available on eligible rye 266.205 Eligible rye. on shipper’s export declara­ 266.206 Eligible storage. in eligible farm storage in the States and tions not requiréd for truck, 266.207 Approved forms. counties for which loan rates are shown rail or mail shipments-___ 4999 266.208 D eterm ination of quantity. in § 266.224. Civil Aeronautics Board 266.209 D eterm ination of dockage. (2) Loans shall be available on eligi­ 266.210 Liens. ble rye stored in eligible warehouses in Rules and regulations: 266.211 Service fees. all areas. Aircraft airworthiness limited 266.212 Set-offs. (3) Purchase agreements shall be category; recertification____ 4999 266.213 In terest rate. Commodity Credit Corporation 266.214 Transfer of producer’s equity. available on eligible rye in all areas 266.215 Safeguarding of th e rye. where loans are available. Rules and regulations: 266.216 Insurance. (b) Time. Loans and purchase agree­ Loans and purchase agree­ 266.217 Loss or damage to the rye." ments shall be available through De­ ments; 1948 price support 266.218 Personal liability. cember 31, 1948, and the applicable doc­ program: 266.219 M aturity and satisfaction. uments must be signed by the producer Pea, dry edible smooth______4995 266.220 Removal of the rye under loan. and delivered or mailed to the county Rye------4989 266.221 Release of th e rye under loan. committee not later than such date. 266.222 Purchase of notes. Customs Bureau , 266.223 CCC Field offices. (c) Source.' Loans shall be made Rules and regulations: 266.224 Rates a t w hich loans and purchases available to producers direct by CCC field Argentine peso, conversion for will be made. offices and by lending agencies under purpose of assessment of duty lending agency agreements with CCC. A u t h o r i t y : §§266.201 to 266.224, inclu­ on merchandise import’ed into sive, Issued under sec. 802 (a), 52 Stat. 43, Purchase agreements shall be available U. S------5000 through the offices of county agricultural 7 U. S. C. 1302; sec. 4 (b ), 55 S tat. 498, 15 Entomology and Plant Quaran­ U. S. C. 713a-8 (b); sec. 1 (d ), Pub. Law 897, conservation committees. 80th Cong.; sec. 5 (a), Pub. Law 806, 80th tine Bureau Cong. § 266.203 Approved lending agenpies. Rules and regulations: An approved lending agency shall be any Domestic quarantine restric­ S 266.201 Administration. The pro­ bank, cooperative marketing association, tions of Japanese beetle on cut gram will be administered in the field corporation, partnership, individual, or flowers, fruits and vegetables through CCC field offices, State PMA (Continued on next page) discontinued for season_____ 4998 4989 4990 RULES AND REGULATIONS CONTENTS— Continued CODIFICATION GUIDE— Con. Post Office Department Page Title 31— Money and Finances Page FEDEMW4IECISTER Notices: Treasury V. tir Penicillin and streptomycin; Chapter II—Fiscal Service, De­ ' //MirtO » mailing to A. P. O.’s in Eu­ partment of the Treasury: rope______5008 Part 327—Offering and special Rules and regulations: regulations governing Treas­ International postal service: ury Savings Notes, Series D— 5003 Published daily, except Sundays, Mondays, Ethiopia; parcel post— ------5007 Title 34— National Military Es­ and days following official Federal holidays, Export declarations------5007 by the Division of the Federal Register, the Japan ; permissible ' contents tablishment National Archives, pursuant to the authority Subtitle A—Secretary of Defense. 5006 contained in the Federal Register Act, ap­ of gift parcels------— 5007 Subtitle B—Regulations of the Na­ proved July 26, 1935 (49 S tat. 500, as Securities and Exchange Com­ amended; 44 U. S. C., ch. 8B), under regula­ tional Military Establishment— 5006 tions prescribed by the Administrative Com­ mission Chapter I—Munitions Board-.---- 5006 mittee, approved by the President. Distribu­ Notices: Chapter II—Research and Devel­ tion is made .only by the Superintendent of Hearings, etc.: opment Board—______— 5006 Documents, Governm ent P rinting Office, Affiliated Fund, Inc., et al— 5013 Chapter III—Joint Chiefs of Staff. 5006 W ashington 25, D. C. Bankers Securities Corpora­ Chapter IV—Joint Regulations of The regulatory material appearing herein is tion and Albert M. Green­ the Armed Forces______5006 keyed to the Code of Federal Regulations, field & Co—------5014 which is published, under 50 titles, pursuant Chapter V—Department of the to section 11 of the Federal Register Act, as Wisconsin Power and Light Army______5006 am ended June 19, 1947. Co. and Middle West Corp_ 5012 Chapter VI—Department of the The F e d er a l R e g is t e r will be furnished by Treasury Department „ Navy______5006 Tnqii to subscribers, free of postage, for $1.50 Rules and regulations: Chapter VII—Department of the per m onth or $15.00 per year, payable in ad­ Air Force (2 documents)__ 5006,5007 vance. The charge for individual copies Treasury savings notes, series D; (minimum 15«f) varies in proportion to the offering, etc------,------5003 Title 38— Pensions, Bonuses, size of the issue. Remit check or money Veterans’ Administration and Veterans’ Relief order, made payable to the Superintendent Chapter I—Veterans’ Administra­ of Documents, directly to the Government Rules and regulations: P rin tin g Office, W ashington 25, D. C. National Service Life Insurance tion: There are no restrictions on the republica­ policy forms------5007 Part 10—Insurance------5007 tion of material appearing in the F ed era l Title 39— Postal Service R e g is t e r . CODIFICATION GUIDE Chapter I—Post Office Depart­ ment: A numerical list of the parts of the Code of Federal Regulations affected by documents Part 127—International postal published in this issue. Proposed rules, as service: postage rates, service CONTENTS— Continued opposed to final actions, are identified as available, and instructions such. for mailing (3 documents) — 5007 Federal Communications Com- Page Title 6— Agricultural Credit mission Chapter II—Production and Mar­ other legal entity with which the CCC Notices; keting Administration (Com­ Hearings, etc.: has entered into a Lending Agency- Allentown Broadcasting Co. modity Credit) : Agreement (Form PMA-97, or other form, Part 266—Rye loans and pur­ prescribed by the CCC). (WKAP) et al—------5010 chase agreements------4989 Crowley, Dale S., and Grant A. Part 280—Dry edible smooth pea § 266.204 Eligible producer. An eli­ Wood------5010 loans and purchase agree­ gible producer shall be an individual, Continental Broadcasting Co. ments------— 4995 partnership, association, corporation, or et al______5008 other legal entity producing rye in 1948, •KIDO, Inc., and KOOS, Inc__ 5008 Title 7— Agriculture Chapter III—Bureau of Entomol­ as landowner, landlord, tenant, or share­ Madera Broadcasting Co. et cropper. al______5009 ogy and Plant Quarantine; Ruston Broadcasting Co. Department of Agriculture: § 266.205 Eligible rye. Eligible rye (KRUS) and Parish Broad­ Part 301—Domestic quarantine shall be rye which was produced in 1948, casting Co------— 5009 notices------4998 grading No. 2 or better, or grading No. 3 Suburban Broadcasting Corp_ 5010 Title 10— Army solely on the factor of test weight but Weeks, Robert L., and Dr. Transfer of regulations to Title otherwise grading No. 2 or better. The Russell G. Frey------5011 34______4999 beneficial interest in the rye must be in Standard broadcast stations; the producer tendering the rye for a loan sunrise and sunset tables----- 5011 Title 14— Civil Aviation or purchase and must always have been Chapter I—Civil Aeronautics in him, or in him and a former producer Federal Power Commission Board: Whom he succeeded before the rye was Notices: Part 09—Aircraft airworthiness harvested. Rye grading tough, light San Diego Gas & Electric Co.; limited category------4999 smutty, smutty, light garlicky, garlicky, hearing—— ------5012 Title 15— Commerce weevily or rye containing in excess of 1 Housing Expediter, Office of Chapter I—Bureau of the Census, percent ergot shall not be eligible as Rules and regulations: Department of Commerce: collateral for loan or for purchase. In Rent regulations; decontrol of Part 30—Foreign trade statistics order to be eligible for a loan, rye stored certain classes of housing ac­ (2 documents)------4999 on the farm must have been stored in commodations*------— 5001 the granary or bin at least 30 days prior Title 19— Customs Duties to inspection for measurement, sampling, Interstate Commerce Commis­ Chapter I—Bureau of Customs, Department of the Treasury: and sealing, unless otherwise approved sion by the State PMA committee, Notices: Part 16—Liquidation of duties— 5000 Coal, unloading at Chicago----- 5012 Title 24— Housing Credit § 266.206 Eligible storage. Eligible Chapter VIII—Office of Housing storage for rye shall meet the following National Military Establishment requirements: Rules and regulations: Expediter: (a) Under the loan program eligible Redesignation of title and as­ Part 825—Rent regulations un­ der the Housing and Rent Act farm storage shall consist of farm bins signment of subtitles, chap­ and granaries which, as determined by ters and parts------5006 of 1947, as amended------5001 Friday, August 27, 1948 FEDERAL REGISTER 4991

the county committee, are of such sub­ warehouse charges only from May 15, bushel on the number of bushels specified stantial and permanent construction as 1948, or the date of the warehouse re­ on Commodity Purchase 1 as the maxi­ to afford safe storage of rye for a period ceipt, whichever is later. mum quantity he may deliver, or $1.50, of two years, permit effective fumigation (4) Each warehouse receipt, or the whichever is greater. No refund of serv­ for the destruction of insects and afford warehouseman’s supplemental certifi­ ice fees will be made. protection against rodents, other ani­ cate (in duplicate) properly Identified mals, thieves, and weather. with the warehouse receipt, must show § 266.212 Set-offs. A producer who (b) Under the loan and purchase pro­ the gross weight and grade, dockage, test is listed ®n the county debt register as gram, eligible warehouse storage shall weight, and all special grading factors. Indebted to any agency or corporation consist of (1) public grain warehouses (5) In the case of warehouse receipts of the United States Department of Ag­ for which a Uniform Grain Storage issued for rye delivered by rail or barge, riculture shall designate the agency or Agreement (CCC Form H Revised) for CCC will accept inbound weight and in­ corporation to which he is indebted as the 1948 crop has been executed; or (2) spection certificates properly identified the payee of the proceeds of the loan or warehouses operated by eastern com­ with the rye covered thereby in lieu of the purchase to the extent of such indebted­ mon carriers under tariffs approved by information required by subparagraph ness but not to exceed that portion of the the Interstate Commerce Commission. (4) of this paragraph. In areas where proceeds remaining after amounts due A list of approved warehouses will be fur­ licensed inspectors are not available at prior lienholders. Indebtedness owing nished State offices and county commit­ terminal and subterminal warehouses, to the CCC shall be given first considera­ tees. CCC will accept inspection certificates tion after claims of prior lienholders. § 266.207 Approved forms. The ap­ based oh representative samples which § 266.213 Interest rate. Loans shall proved forms consist of the loan and pur­ have been forwarded to and graded by bear interest at the rate of 3 percent chase documents which, together with licensed grain inspectors. per annum and interest shall accrue from the provisions of this bulletin, govern § 266.208 Determination of quantity. the date of disbursement on the loan, the rights and responsibilities of the pro­ A bushel shall be 56 pounds of clean rye notwithstanding the printed provisions ducer, and should be read carefully. free of dockage when determined by of the note. Any fraudulent representation made by weight, or 1.25 cubic feet of rye testing § 266.214 Transfer of producer’s a producer in obtaining a loan or pur­ ' 56 pounds per bushel when determined by equity—(a) Loans. The right of the pro­ chase agreement or in executingany of measurement. A deduction "of % of a ducer to transfer either his right to re­ the loan or purchase documents will ren­ pound for each sack will be made in de­ deem the rye under loan or his remain­ der him subject to criminal prosecution. termining the net quantity of the rye ing interest may be restricted by CCC. Notes and chattel mortgages, and note when stored as sacked rye. In deter­ (b) Purchase agreements. The pro­ and loan agreements must have State mining the quantity of rye in farm stor­ ducer may not assign his interest in the and documentary revenue stamps affixed age by measurement, fractional pounds purchase agreement. thereto where required by law. Loan ^of the bushel test weight will be disre­ and purchase documents executed by an § 266.215 Safeguarding of the rye. The garded, and the quantity determined as producer obtaining a farm-storage loan administrator, executor, or trustee will above will be the following percentages be acceptable only where legally valid. is obligated to maintain the farm stor­ of the quantity determined for 56-pound age structures in good repair and to keep (a) Farm storage loans. Approved rye: the rye in good condition. forms shall consist of the producer’s note For rye testing Percent on CCC Commodity Form A, secured by 56 pounds or over._____ 100 § 266.216 Insurance. CCC will not a chattel mortgage on CCC Commodity 55 pounds or over, but less than 56 require the producer to insure the rye Form AA. pounds ______98 placed under fafm-storage loan; how­ (b) Warehouse storage loans. Ap­ 54 pounds or over, but less than 55 ever, if the producer does insure such proved forms shall consist of the note p o u n d s______06 rye, such insurance shall inure to the and loan agreement on CCC Commodity. 53 pounds or over, but less than 54 p o u n d s______95 benefit of CCC to the extent of its inter­ Form B, secured by negotiable warehouse 52 pounds or over, but less than 53 est after first satisfying the producer’s receipts representing the rye stored in p o u n d s______92 equity in the rye involved in the loss. approved warehouses. All rye pledged 51 pounds or over, but less than 52 as security for a loan on a single CCC p o u n d s______91 § 266.217 Loss or damage to the rye. Commodity Form B must be stored in 50 pounds or over, but less than 51 The producer is responsible for any loss the same warehouse. p o u n d s______L-1-*______89 in quantity or quality of the rye placed (c) Purchase Agreement documents. 49 pounds or over, but less than 50 under farm-storage -loan except that The Purchase Agreement documents . p o u n d s______i ______87 uninsured physical loss or damage occur­ shall consist of the Purchase Agreement § 266.209 Determination of dockage. ring without fault, negligence, or con­ (Commodity Purchase 1) and Purchase The percentage of dockage shall be de­ version on the part of the producer, and Agreement Settlement (Commodity Pur­ resulting solely from an external cause termined in accordance with the Official other than insect infestation or vermin chase 4) signed by the producer and ap­ Grain Standards of the United States, proved by the county committee, nego­ and the weight of such dockage shall be will be assumed by CCC, provided the tiable warehouse receipts, and such other deducted from the gross weight of the rye producer has given the county commit­ forms as may be prescribed by CCC. tee immediate notice in writing of such in determining the net quantity avail­ loss or damage, and provided there has (d) Warehouse receipts. Rye in eligi­ able for loan or purchase. ble warehouse storage under thé loan been no fraudulent representation made and purchase agreement program must §266.210 Liens. The rye must be by the producer in the loan documents be represented by warehouse receipts free and clear of all liens and encum­ or in obtaining the loan. which satisfy the following require­ brances, except for warehouse charges as provided in § 266.207 (d) (3), or if § 266.218 Personal liability. T h e ments : making of any fraudulent representation (1) Warehouse receipts must be issued liens or encumbrances exist on the rye, by the producer in the loan documents, or in ih e name of the producer, must be proper waivers must be obtained. in obtaining the loan, or the conversion properly endorsed in blank so as to vest § 266.211 Service fees—(a) Loans. or unlawful disposition of any portion of title in the holder, and must be issued Where the rye under loan is farm-stored, the rye by him, shall render the producer by an approved warehouse. the producer shall pay a service fee of 1 personally liable for the amount of the (2) Each warehouse receipt must set. cent per bushel on the number of bushels loan and for any resulting expense forth In its written terms that the rye placed under loan, or $3.00, whichever is incurred by any holder of the note. is insured for not less than market value greater, and where the rye under loan against the hazards of fire, lighning, in­ is warehouse-stored, the producer shall § 266.219 Maturity and satisfaction— herent explosion, windstorm, cyclone, pay a service fee of % cent per bushel on (a) Loans. Loans mature on demand and tornado, or In lieu of this statement, the number of bushels placed under loan, but not later than April 30, 1949. In the it must have stamped or printed thereon or $1.50, whichever is greater. case of farm-storage loans, the producer the word “Insured.” (b) Purchase agreements. At the time is required to pay off his loan on or be­ (3) The warehouse receipt and the rye the producer signs a purchase agreement fore maturity, or to deliver the mort­ represented thereby may be subject to he shall pay a service fee of l/z cent per gaged rye in accordance with instruc- 4992 RULES AND REGULATIONS annum. Lending agencies are required tions of the county committee. Credit of such factors under the loan program) and approved by the producer at the to submit a weekly report to CCC and will be given at the applicable settlement to the county committees on CCC Com­ value for the total quantity so delivered time of delivery. (c) Track-loaded rye. Under the modity Form F, or such other form as provided it was stored in the bin(s) in -CCC may prescribe, of all payments re­ which the rye under loan was stored. If loan and purchase agreement program a loading payment of 2 cents per bushel ceived on producer’s notes held by them, the settlement value of the rye delivered and are required to remit promptly to exceeds the amount due on the loan, the will be made to the producer on rye de­ livered on track at a country point. CCC an amount equivalent to IV2 per­ amount of the excess shall be £aid to the cent interest per annum, on the amount producer. If the settlement 'value of the § 266.220 Removal of the rye under of the principal collected, from the date rye is less than the amount due on the loan. If the loan is not satisfied upon of disbursement to the date of payment. loan, the amount of the deficiency, plus maturity by payment or delivery, the Lending agencies shall submit notes and interest, shall be paid by the producer to holder of the note may remove the rye reports to the CCC field office serving CCC, or.may be set off against any pay­ and sell it, either by separate contract the area4 ment which would otherwise be made: or after pooling it with other lots of rye to the producer under any agricultural similarly held. The producer has no § 266.223 CCC Field offices. The CCC programs administered by the Secretary right of redemption after the rye is field offices and the areas served by them of Agriculture, or any other payments pooled, but shall share ratably in any are shown below: which are due or may become due to the overplus remaining upon liquidation of Address and Area producer from CCC or any other agency the pool. CCC shall have the right to A tlanta 3, Ga., 449 West Peachtree St., N. E.: of the United States. In the event the treat the pooled rye as a reserve supply Alabama, Florida, Georgia, Kentucky, Missis­ farm is sold or there is a change of ten­ to be marketed under such sales policy sippi, North Carolina, South Carolina, Ten­ ancy, the rye may be delivered before as CCC determines will promote orderly nessee, Virginia. the maturity date of the loan upon prior marketing, protect the interests of pro­ Chicago 5, Illinois, 623 South W abash Ave.t approval by the county committee. In ducers and consumers, and not unduly Illinois, Indiana, Iowa, Michigan, Ohio. the case of warehouse storage loans, if impair the market for the current crop Dallas 2,Texas, 1114 Commerce St.: Arkan­ the producer does not repay his loan of the rye even though part or all of sas, Louisiana, New Mexico, Oklahoma, Texas. upon maturity, CCC shall have the right Kansas City 6, Mo., 417 East 13th St.: Colo­ such pooled commodity is disposed of rado, Kansas, Missouri, Nebraska, Wyoming, to sell or pool the rye in satisfaction of under such policies at prices less thah v Minneapolis 1, Minn., 328 McKnight Build­ the loan in accordance with the provi­ the current domestic price for such com­ ing : Minnesota, Montana, North Dakota, sions of the note and loan agreement modity. Any sum due the producer as South Dakota, Wisconsin. and § 266.220. a result of the sale of the rye or of insur­ New York 4, New'York, 67 Broad St.: Con­ (b) Purchase agreements. The pro­ ance proceeds thereon, or any ratable necticut, Delaware, Maine, Maryland, Massa­ ducer who signs a purchase agreement share resulting, from the liquidation of chusetts, New Hampshire, New Jersey, New (Commodity Purchase 1) shall not be ob­ York, Pennsylvania, Rhode Island, Vermont, a pool, shall be payable only to the pro­ West Virginia. ligated to deliver any rye to CCC. He ducer without right of assignment by Portland 5, Oreg., 515 S. W. T enth Ave.: may deliver any amount up to but not in him. Idaho, Oregon, Washington. excess of the number of bushels shown § 266.221 Release of the rye under loan. San Francisco 2, Calif., 30 Van Ness Ave.: on Commodity Purchase 1. If the pro­ Arizona, California, Nevada, Utah. ducer desires to deliver rye to CCC, he A producer may at any time obtain re­ shall, within 30 days following April 30, lease of the rye remaining under loan by § 266.224 Rates at which loans and 1949, the maturity date for rye loans, or paying to the holder of the note, or note ¡purchases will be made—(a) Rates at such earlier date as demand for payment and loan agreement, the principal terminal markets. For loan or purchase of rye loans may be made, submit ware­ amount thereof, plus interest. If the at the full rate shown in the following house receipts representing eligible rye note is held by an out-of-town lending schedule, the rye must have been shipped stored in eligible warehouse storage to agency or by CCC, the producer'"may re­ on a domestic interstate freight rate the county committee for the quantity quest that the note be forwarded to a basis. The rate at the designated termi­ of such rye he elects to sell to CCC, but local bank for collection. In such case, nal market will be reduced by the dif­ not in excess of the number of bushels where CCC is the holder of the note, the ference between the freight paid and the shown on Commodity Purchase 1, or, in local bank will be instructed to return domestic freight rate on any rye shipped the case of rye stored in other than eli­ the note if payment if not effected within at other than the domestic freight rate. gible warehouse storage, he Shall notify 15 days. All charges in connection with The following schedule of rates applies the county committee of his intention the collection of the note shall be paid to rye delivered to any designated termi­ to sell and request delivery instructions. by the producer. Upon payment of a nal market in carload lots which has been The producer must then complete deliv­ farm-storage loan, the county committee shipped by rail from a country shipping ery within a 15-day period immediately should be requested to release the mort­ point to one of the designated terminal following the date the codnty committee gage by filing an instrument of release markets, as evidenced by paid freight issues delivery instructions, unless the or by a marginal release on the county bills duly registered for transit privileges county committee determines more time records. Partial release of the rye prior and other documents as required by is- needed for delivery. Rye stored in to maturity may be arranged with the CCC: Provided, That in the event the other than eligible warehouse storage county committee by paying to the amount of paid-in freight is insufficient will be purchased on delivery at points to guarantee minimum proportional holder of the note the amount of the freight rates from the terminal market, designated by CCC. When delivery is loan, plus charges and accrued interest, completed, payment shall be.made by a there shall be deducted from the appli­ represented by the quantity of the rye cable terminal rate the difference be­ sight draft drawn on CCC by the State to be released. In the case of warehouse- PMA office on the basis of approved tween the amount of freight actually paid storage loans, each partial release must in and the amount required to be paid in Commodity Purchase 4. The producer cover all of the commodity under one to guarantee outbound movement at the shall direct on such form to whom pay­ warehouse receipt number. minimum proportional freight rate. The ment of the purchase price shall be § 266.222 Purchase of notes. CCC warehouse receipts must be accompanied made. by the registered freight bills, or by a Eligible rye will be purchased on the will purchase, from approved lending- agencies, notes evidencing approved statement written in the following form basis of the weight, grade, and other and signed by the warehouseman, or a quality factors shown on the warehouse loans which are secured by chattel mort­ gages or negotiable warehouse receipts. certificate of such warehouseman con­ receipts and accompanying documents, taining such an undertaking, or such or, if such rye is delivered to a CCC bin The purchase price to be paid by CCC will be the principal sums remaining due forms as may hereafter be approved by site, on the basis of the weight, grade, CCC. In the absence of such freight and other quality factors determined by on such notes, plus accrued interest from the date of disbursement to the date of bills or certificates, a deduction of 6 cents the county committee (in accordance per bushel shall be made. with instructions for the determination purchase at the rate of 1 % percent per Friday, August 27, 1948 FEDERAL REGISTER 4993

F r e ig h t C e r t if ic a t e f o r T e r m in a l s priate designated terminal market rate (d) County rates. The rates per The rye represented by attached warehouse an amount equal to the transit balance bushel of eligible rye for the respective receipt No._____ was received by rail freight of the through freight from point of States and counties are listed below: f r o m ______origin for such rye to such terminal mar­ (Town) ket, plus freight tax on such transit % CALIFORNIA 0 County Rate County (County) balance: Provided, That in the case of R ate rye stored at any railroad transit point, Lassen $1.27 San Joaquin_ $1.41 taking a penalty by reason of out-of-line M odoc______1.23 S isk iy o u ____ 1.27 (State) San Bernar- point of origin, as evidenced by freight bill ' movement or for any other reason, to'the d i n o _ 1.40 described as follows: appropriate designated market, there Way bill, d ate ______shall be added to such transit balance an COLORADO Car No. ______amount equal to any out-of-line or other Baca______$1.20 Logan $li 19 Freight bill, d ate ______.•______costs incurred in storing rye in such B ent 1.19 Moffat 1 1.06 C a rrie r__ 1______position. Cheyenne ___ 1.20 Morgan 1.19 Freight rate i n ______The warehouse receipts, in addition to D o u g la s____ 1.19 Phillips 1.21 No...... other required documents, must be ac­ Elbert .______1. 19 Prowers _ _ 1.20 In itial ______companied by the original paid freight El Paso 1.19 Rio Blanco__ 1.06 No. ______Jefferson 1.19 R outt ______1.06 Transit w t. ______*______bills duly registered for transit privileges K io w a______1.20 S edgw ick___ 1.21 Amt. collected ______or by a statement in the following form K it C arson__ 1.20 Washington _ 1.19 Number unused transit stops______signed by the warehouseman, or a ware­ Larimer 1.19 Weld — 4___ 1. 19 houseman’s supplemental certificate con­ Las A n im as_ 1.19 Yuma 1.20 The above-described paid freight bill has Lincoln 1.19 been officially registered for transit and will taining such information; be held in accordance with the provisions F r e ig h t C e r t if ic a t e f o r O t h e r T h a n DELAWARE of paragraph 19 of the Uniform Grain Stor­ T e r m in a l P o in t s age Agreement. Rate The rye represented by attached ware­ All counties__ $1.42 house receipt No. ------was received by rail (Warehouseman’s signature) freight from ______IDAHO (Address) (Town) County Rate County R ate O n e id a _____ $1.12 Washington _ $1.22 (Date of signature) (County) (State) P o w e r______1.12 point of origin, as evidenced by freight bill Rye trucked to a designated terminal described as foUows: ILLINOIS market and stored in a warehouse shall Way bill, d ate ______Adams _____ $1.32 Knox $1.33 have a rate equal to the higher of the Car. No. ______” 11111 B o n d ______1.33 L a k e ______1.37 terminal rate minus 6 cents per bushel Freight bill’, date ______””””” Brown • - ...... 1.33 Lawrence ___ 1.32 or the county rate for the county in Carrier ______’___ ;______~ B ureau ______1.34 L ee ______1.33 which the eligible rye is stored. Freight rate in ______,___ Carroll _ _ 1.33 M cD onough_ 1.32 N o .______C a ss______1 34 M cH en ry ___ 1.36 (1) Terminal rates for eligible rye. In itial ...... v ” C h am p aig n _ 1.34 M a c o u p in __ 1.36 Terminal rates for eligible rye, stored No. ______C h ris tia n __._ 1.34 Madison 1.36 in eligible warehouse storage at the fob- Transit w t.______;______Clark ■______1.34 Marion 1.34 lowing* terminal markets, shall be as Amt. collected ______Coles 1.34 Mason 1.34 follows: Transit balance, if any, of through freight Cook _____ ■ 1.37 Menard 1.34 Rate per rate t o ______^_Cf ______C raw fo rd ___ 1.33 M e rc e r____ _ 1.32 Terminal market: bushel per 100 pounds. Number unused transit Cumberland _ 1.34 Montgomery _ 1.35 Baltimore, Maryland.______$1-62 stops ______De Kalb_____ . 1.36 M organ_____ 1.34 Chicago, Illinois______i. 51 Du Page 1.37 Ogle ------1.34 Duluth, Minnesota______l. 47 The above-described paid freight bill has Edgar ______1.34 Peoria 1.34 Kansas City, Missouri______1.47 been officiaUy registered for tran sit and will Edwards 1.33 Pike ______1.34 Los Angeles, California__ .______1 . 54 be held in accordance with the provisions E ffin g h am _- 1.34 Rock Island_ 1.33 Memphis, Tennessee______1. 57 of paragraph 19 of the Uniform Gram Stor­ Fayette 1.35 Sangamon ___ 1.34 Minneapolis, Minnesota______,___ 1.47 age Agreement. Fulton 1.33 Schuyler 1.34 Omaha, Nebraska______1.47 Greene 1.35 Scott ___ 1.34 Portland, Oregon______1.54 (Warehouseman’s signature) Hancock 1.32 Shelby 1.34 Philadelphia, Pennsylvania______1.62 H enderson__ 1.32 S ta r k ______1.34 San Francisco, California___ ._____ 1. 54 (Address) Henry 1.33 S tep h en so n _ 1.33 St. Louis, Missouri______1.51 Iroquois _ 1.35 Tazewell 1.34 Superior, Wisconsin______1.47 (Date of signature) Jasper 1.34 Vermilion ___ 1.35 (c) Storage allowance. There shall be Je ffe rs o n ___ 1.34 W arren 1.33 (2) Discount for ergot. The rate for Kane - _ 1.37 W hiteside___ 1.33 rye containing in excess of %0 of 1 per­ no storage allowance on rye under the Kankakee __ loan and purphase program. 1.36 W ill______1.37 cent but not in excess of 1 percent ergot Kendall 1.36 W innebago _ 1.34 shall be discounted 1 cent for each %o of A deduction of 7 cents per bushel shall 1 percent ergot in excess of %o of 1 per­ be made from the applicable loan rate INDIANA cent. • on rye under loan in a warehouse, unless Adams $1.32 Greene $1.31 (b) Rates at other than designated evidence is submitted with the warehouse Allen ___ _ 1.31 H a m ilto n ___ 1.32 terminal points. CCC determines the receipt that all warehouse charges except Bartholomew. 1.31 Hancock 1.32 receiving charges have been prepaid B enton 1.34 H e n d ric k s__ ' 1.32 rates for rye in storage on the farm or in Boone 1.31 Henry country warehouses by deducting from through April 30, 1949. 1.32 In the case of warehouse-stored rye de­ Carroll 1.34 H o w a rd ____ I. 3I the designated terminal market rate an Cass 1.33 H u n tin g to n _ 1.31 amount equal to (1) the receiving and livered under a purchase agreement^ evi­ Clark 1.33 Jackson 1.30 loading-out charges computed in accord­ dence must be submitted with the ware­ C lay ------1.32 Jasper______1.36 ance with the schedule of rates of the house receipts that all warehouse charges C lin to n __ _ 1.33 Jefferson 1.33 Uniform Grain Storage Agreement (CCC except receiving charges have been paid Daviess 1.29 J e n n in g s ___ 1.29 through the date on which the warehouse D e a rb o rn ___ 1.31 Johnson 1.30 Form H) plus (2) the average all-rail Decatur interstate freight rate (plus tax) from receipts are tendered to the county com­ 1.31 K n o x ______1.32 mittee, or a deduction of 7 cents per De K alb_,___ 1.32 K o sciu sk o __ 1.32 all shipping points in the county. D e law a re ___ 1.32 L a g ra n g e ___ 1.31 Upon request by the county committee, bushel will be made from the applicable D u b o is _____ 1.27 Lake 1.36 the CCC field office will determine the purchase price, and CCC will assume the E lkhart 1.32 La Porte____ 1.35 rate for rye stored in approved ware­ accrued warehouse charges on the rye, Fayette 1.32 L aw ren ce___ 1.31 houses (other than those situated in the provided that CCC will ndf^agsume any F o u n ta in ___ 1.32 Makison 1.32 designated terminal markets) which is charges in excess of those provided under Franklin ____ 1.32 Marion 1. 32 shipped by rail from country shipping F u l t o n _ 1.33 M arshall _____ 1.33 the Uniform Grain Storage Agreement, Gibson 1.32 Miami 1.33 points, by deducting from the appro­ CCC Form H, Revised, for the 1948 crop. G rant 1.31 Monroe 1.32 4994 RULES AND REGULATIONS MISSOURI indiana—continued Kansas—continued Rate County Rate County Rate County Rate County Rate County Rate County $1.29 S ta rk e W abaunsee — $1.80 W ils o n _____ $1.29 A ndrew _____ $1.32 Jasper ______Montgomery _ $1.84 ______( 1.37 1.84 S te u b e n ____ 1.22 Woodson 1.80 A tc h is o n ----- 1.30 J e ffe rs o n ----- M organ_____ Johnson ___ 1.32 1.86 S u lliv a n ____ . 1.28 Wyandotte _- 1.34 Barry ------1.27 N ew to n _____ 1.30 Knox ------1.32 N o b le ______1.31 Tippecanoe' —_ B a r to n _____ KENTUCKY Bates ______1.32 L a c le d e ____ 1.31 Owen ______1.33 T ip t o n ___ — 1.32 1.32 U n io n _____ - Boone ______1.83 Lafayette __ Parke ______All counties $1 36 Lawrence __ 1.28 P o r te r ______1.36 V erm illion__ B uchanan __ 1.32 V igo______1.33 MARYLAND Caldwell ----- 1.32 Lewis ______- 1.33 P u la s k i_____ 1.35 1.32 1.34 W a b a s h ____ Rate Cape Livingston P u t n a m ____ M cD onald 1.28 R andolph — 1.32 W a rre n _____ All counties $1.45 G irardeau— 1.33 _- 1.30 Washington — C a rro ll_____ 1.32 M a rio n ------R ip le y ------— MICHIGAN 1.33 1.32 W ayne______Cass ------1.33 Mississippi -- R u s h ______Montgomery- 1.34 St. Joseph___ 1.33 W ells______County Rate C h a r ito n ___ 1.31 County Rate 1.28 New Madrid _ 1.31 S h e lb y ------1.31 W h ite ______$1.30 Leelanau i___ $1.25 C h ristia n ___ Allegan------Clark _____ - 1.32 N e w to n ____ 1.28 Spencer _____ 1.27 W hitley...... Alpena _____ 1.24 L e n a w e e ___ 1.33 1.32 Clay 1.33 N od aw ay ___ 1.30 A n trim _____ 1.24 L iv in g s to n _ Perry _____ 1.34 IOWA 1.34 C linton ____ 1.32 A re n a c _____ 1.26 M acom b____ P e t t i s ______1.31 M a n is te e ___ 1.26 Cole ___ 1.32 Adams______$1.31 J o h n s o n ____ Barry ______1.30 C o o p e r_____ 1.32 P l a tt e ______1.33 A llam ak ee__ 1.29 Jones ______1.31 B a y ------1.29 Mason — — 1.28 M e c o sta ____ 1.28 Crawford __ 1.34 Polk ______1.29 B e n to n _____ 1.30 K o s s u th ____ B e n z ie _____ 1.25 Dade ______1.29 R a y ______1.32 Black Hawk_ 1.30 Lee ______1,31 B errien _____ 1.31 M id lan d ____ 1.28 St. Charles_1.38 1.26 Daviess ____ 1.32 B re m e r_____ 1.28 L i n n ______B ra n c h _____ 1.30 M issaukee__ S a lin e ...... - 1.32 M onroe_____ 1.34 D u n k lin ____ 1.29 B uchanan __ 1.30 L ouisa______C a lh o u n ____ 1.31 F r a n k lin __ - 1.36 Scott ______1.31 Buena Vista_ 1.29 Lyon ______1.28 Cass ______1.32 Montcalm — 1.29 S to d d a rd ___ 1.32 Muskegon — 1.29 Greene ^ __ 1.28 B u tle r____ - 1.28 M a rs h a ll_— Clare ______1.28 Harrison _ 1.30 Texas ______1.26 C a lh o u n ____ 1. 29 M ills ------C linton ____ 1.29 N ew ay g o ----- 1.28 W e b s te r____ 1.29 O ak lan d ____ 1.32 Holt _____ 1.31 Cass ______- 1.32 Monona ____ E a to n ______1.30 Jackson 1.34 Cedar ______1.31 Mqntgomery _ 1.32 Genesee ____ 1.32 . O cean a ------1.28 Cerro Gordo_ 1.28 M u sca tin e __ G lad w in ____ 1.26 O gem aw ____ 1.26 Cherokee ___ 1.29 O’B r i e n ____ Grand Trav­ O sceola------1.26 O sceola_____ 1.28 1.25 O ts e g o ------1.24 C hickasaw __ 1.28 erse ______Blaine------$1.12 Lewis and Page ______1.32 1.29 O tta w a _____ 1.30 Clay — ------1.29 G ra tio t_____ Cascade ____ 1.15 Clark ____ $1. 15 Palo Alto____ 1.32 Presque Isle_ 1.24 C la y to n ____ 1.30 Hillsdale ___ Chouteau —- 1.15 McCone ------1 . 13 C linton ____ 1.32 P ly m o u th __ 1.30 H uron ------1.30 S ag in aw ------1.31 1 . 15 1.28 Custer _____ 1.12 P a r k ______C raw fo rd ___ 1.32 Pocahontas _ Ingham ____ 1.30 St. Clair------1.34 P h illip s ____ 1 . 10 Polk ______•St. Joseph----- 1.32 Daniels ----- — 1.12 D a lla s ______1.29 Ionia _------1.29 Fallon _____ 1.15 R a v a lli_____ 1 . 16 1.30 Pottaw at- 1.25 S a n ila c ____ - 1.32 D e law are__ _ Io sc o ______F e r g u s _____ 1.15 R oosevelt___ 1 . 15 Des M oines_ 1.31 t a m i e ------I s a b e lla ____ 1.28 S h iaw assee_ 1.30. 1 . 14 1.30 F la th e a d ----- 1.19 S h e rid a n __ - D ic k in s o n __ 1.28 Sac ______Jackson ____ 1.31 Tuscola __ 1.31 1.15 Stillwater — 1 . 15 S c o tt______Van B uren__ 1.31 G a lla tin ____ E m m e t_____ 1.29 Kalamazoo 1.32 Je ffe rs o n ----- 1.15 V alley ______1 . 11 1.29 Shelby ______1.29 W ash ten aw _ 1.33 Fayette ------K e n t ______L a k e ------1.19 W ib a u x ____ 1 . 15 Frem ont ----- 1.33 Sioux ------Lake ______1.27 Wayne ____ r 1.34 G re e n e ------1. 30 Story ______1.28 Lapeer _____ 1.32 W exford____ 1.26 H a m ilto n ----- 1.27 Tam a ______MINNESOTA H ancock____ 1.28 T ay lo r______A dam s------$1.28 H ow ard_____ $1.29 1.28 Van B uren— H a r d in _____ A itk in ______$1.32 M u rra y _____ $1.29 A n te lo p e ___ 1.28 Jefferson —— 1.30 H a r r is o n ----- 1.33 W ap e llo ------1.30 1.25 J o h n s o n __ - 1.31 Washington _ A n o k a _____ 1:35 N ic o lle t____ 1.32 B la in e ______H e n ry ______1.31 Boone ______1.30 Kearney ____ 1.27 W e b s te r_-— Becker _____ 1.28 Nobles _____ 1.28 H um boldt — 1.28 N o rm a n ------1.26 Box B u tte __ 1.21 K eith ______1.23 , 1.30 W inneshiek_ B e ltra m i___ 1.29 Ida ...... — Benton ____ 1.31 Olmsted ' ___ 1.31 B o y d ______1.27 K im b a ll------1.19 J a c k s o n ___ -, 1.32 Woodbury .— 1.29 Brown _____ 1.25 Knox ______1.28 W o rth ______Big Stone----- 1.28 O tter Tail__ Jasper ______, 1.28 Pennington _ 1; 26 B u ffalo _____ 1.28 L an caster___ 1.32 . 1.30 W rig h t------Blue Earth— l i s i Je ffe rs o n __ - Brown — 1.31 Pine _ ____ 1.32 B u r t ______1.32 Lincoln ____ 1. 25 P ip e s to n e __ 1.28 B utler ______1.32 L o g a n ______1.25 KANSAS Carlton __— 1.33 Carver ____ 1.34 Polk (East) — 1.27 Cass ______1.33 M ad iso n ____ 1.30 M e rric k ____ 1.30 Leavenworth _ $1.33 Cass ______. 1.30 Polk (West)- 1.26 C e d a r __ - - 1.29 Allen ______. $1.30 M o rrill_____ 1.2 1 Lincoln ____- 1.26 Chippewa — 1.30 P o p e ______1.30 C h a s e ______1.22 Barber _____ . 1.25 1.23 N a n c e ______1.30 . 1.25 L i n n __ - ____ 1.31 C h isa g o ____ 1.33 R a m s e y ____ 1.35 C h e rry _____ B a r to n _____ Cheyenne — 1.19 N e m a h a ____ 1.31 Bourbon ___ . 1.31 L o g a n ______1.23 Clay ------1.27 Red Lake----- 1.26 Cottonwood - 1.30 R ed w o o d ___ 1.30 Clay ------1.28 N uckolls____ 1.28 B r o w n __ — . 1.31 McPherson -- 1.26 1* 32 1.27 Crow W ing— 1.31 Renville - __ 1.31 C olfax_- ____ 1.32 Otoe __ — B utler _____ . 1.27 M a rio n _____ Pawnee ____ 1.30 M a rs h a ll___ 1.29 D a k o ta __ — 1.34 Rice ______1.33 C u m in g ____ 1.32 C heyenne-----. 1.22 Custer ------1.26 Perkins ____ 1.22 . 1.28 M iam i______1.32 D o u g la s___ - 1.30 Rock ______1.28 Clay ------R o s e a u ____ 1.25 D akota ______1.30 Phelps _____ 1.27 C lo u d ______. 1.27 M itch e ll...... 1.27 F a r ib a u lt__ 1.30 1.29 S t . Louis D aw es------1.20 Pierce _____ - 1.29 C offey______. 1.80 Montgomery _ 1.29 F illm o re ___ 1.31 Freeborn _— 1.31 (North) — 1.60 D a w s o n ____ 1.27 P latte ______C om an ch e__. 1.24 M orris______1.28 Polk ______- 1. 31 1.30 G o o d h u e ___ 1.32 S t . Louis D e u e l______1.21 C ow ley_____ . 1.27 N e m a h a ____ 1.30 R edw illow __ 1. 25 N eo sh o _— 1.30 G rant _____ 1.29 (South) — 1.32 D ix o n ______D ecatur ____. 1.24 1.34 D o d g e------— l r 33 R ich a rd so n _ 1. 30 . 1.27 Osborne ------1.26 H e n n e p in _ 1.35 S c o tt------Dickinson S h e rb u rn e _ 1.33 D o u g la s------1.33 R o c k ______1 . 26 Douglas ____. 1.32 O tta w a _____ Ï.27 H o u s to n ----- 1.29 1.29 Sibley ------1.32 Dundy _____ 1.22 S a lin e ______1.31 Edwards — . 1.25 Pawnee ____ 1.25 H u b b a rd _— 1.34 I s a n t i _____- 1. 33 Stearns ------1.31 F illm o re____ 1.30 S a r p y ------Ellsworth . 1.26 P h illip s ------1.25 S a u n d e rs ___ 1.33 Pottawatomie. 1.30 Jackson ____ 1.29 Steele _____ 1.31 F r a h k lin ___ 1.27 F in n e y _____. 1.23 1.30 F ro n tie r____ 1.25 Scotts Bluff — 1.19 . 1.24 P r a t t ______1.25 K a n a b e c __ 1.32 Stevens ____ Ford ______Kandiyohi __ 1.32 Swift ------1.30 F u r n a s _____ 1.25 Seward ------1.32 Geary ------_ 1.28 R e n o ______1.26 1.31 S h e rid a n ___ 1.21 R e p u b lic ___ 1.27 K i t ts o n ------1.24 Todd ------1.30 G a g e ______- G r a n t ______1.22 1.28 G a rd e n _____ 1.22 S h e rm a n ___ 1 . 28 - 1.23 R ice ______- 1.26 Lac Qui Parle- 1.29 T ra v e rs e ___ G r a y ------W a b a sh a ___ 1.31 G a rfie ld ____ 1.28 Sioux ______1.19 Greenwood _ . 1.28 R ile y ______1.29 Le S u e u r.__ 1.33 1.29 W a d e n a ____ 1.30 G o s p e r------1.26 S ta n to n ____ 1. 30 H a m ilto n __ - 1.22 Rooks ------1. 25 L in c o ln ------T h a y e r------1. 29 Lyon ------1.29 ' Waseca ------1.31 G rant ______1.22 H a r p e r ____ - 1.26 R u sse ll_____ 1.25 1.29 T h o m a s ____ 1.24 S a lin e ------1 . 26 M cL eo d ------1.32 Washington - 1.34 G reeley------H a rv e y ------_ 1.27 Hall —------1.29 T h u rs to n ___ 1. 32 Sedgw ick----- 1.27 M ahnomen — 1.27* W atonw an__ 1.31 Hodgeman —_ 1.24 1.28 H a m ilto n ----- 1.30 V alley __ — 1 . 28 - 1.32 S h a w n e e ___ 1.31 M a rs h a ll----- 1.25 W ilkin — — J e ffe rs o n __ 1.29 W inona ____ 1.31 H a r la n ------1.26 Washington— 1.33 Je w e ll______1.26 S h e rm a n ___ 1.22 M a r tin ______1. 29 Meeker ------1.32 W rig h t------1. 33 H a y e s ------1 . 22 Wayne ------J o h n s o n ___ - 1.33 S m ith ______1.26 1.23 W e b s te r____ 1 . 28 1.25 Mills Lacs— 1.31 Yellow Medi- Hitchcock ___ K ingm an — - 1.26 S ta ffo rd ____ Holt ______1.27 Y o rk ______1.30 S u m n e r ------1.27 M orrison------1.31 cine _____ 1.30 Kiowa ______1.25 Hooker _j ----- 1.23 Labette ----- _ 1.29 T h o m a s ------1.23 M o w e r------1.31 Friday, August 27, 1948 FEDERAL REGISTER 4995

NEW JERSEY Ok l a h o m a —-continued WASHINGTON—-conitinued Rate All counties_ $1.43 Coujity Rate County Rate County Rate County Rate N o b le ______$1.24 Texas ______$1.19 S p o k a n e __ «_$1.28 Walla Walla _ $1.33 NEW MEXICO O k la h o m a __ 1.23 T illm a n ____ 1.23 S te v e n s ___ _ 1.25 W h itm a n __ 1.28 County Rate County R ate Osage ______1.26 T u ls a ____ — 1.26 T h u rs to n ___ 1.30 Y a k im ä ____ 1.82 C olfax______$1.12 Bio Arriba*__ $0.98 Pawnee 1.24 W a g o n e r___ 1.26 Pottawatomie. 1.23 W a s h ita ____ 1.23 WEST VIRGINIA C u r r y ______1.07 •Socorro ______.98 Rate Q u a y ------1.08 U n io n ______1.13 Boger Mills__ 1.20 Woods _____ 1.23 B o g e rs _____ 1.27 W oodw ard__ 1.21 All counties______$1.40 ♦Loan rate based on Bernalillo in Sandoval WISCONSIN County. OREGON NEW YORK County Rate County Rate Baker______$1. 26 L a n e ______$1.37 ' Rate C lackam as__ 1.42 L i n n ______1.38 A dam s______$1.30 M a r a th o n __ $1.29 B a r r o n _____ 1.29 All counties. $1.41 Crook ______1.34 M a lh eu r____ 1.22 M a rin e tte __ 1.28 Bayfield „1.29 NORTH DAKOTA D e sc h u tes__ 1.34 M a rio n ____ _ 1.41 M a rq u ette __ 1.30 G rant 1.07 Polk ______1.40 B ro w n ______1.31 M onroe_____ 1.30 County Rate County Rate Buffalo ______1.28 O c o n to _____ 1.29 Adams------$1.18 M cK enzie___ $1.16 Harney 1.17 Umatilla____ 1.33 Jackson ____ 1.29 U n io n ______1.27 B u r n e tt ____ 1.31 O u ta g a m ie _1.31 B a rn e s __ _— 1.25 McLean ____ 1.21 C h ip p e w a __ 1.29 J e ffe rs o n ___ 1.35 W allow a____ 1.26 O zau k ee____ 1.33 Benson ___ _ 1.22 M ercer______1.19 Clark ______1.28 P e p i n ______1.30 B illings------1.18 M o rto n _____ 1.20 K la m a th ___ 1.28 Y a m h ill____ 1.41 Lake _ 1.21 C o lu m b ia __ 1.31 P ie rc e ______1.32 B o ttin e a u __ 1.20 M o u n tra il___ 1.19 C raw fo rd ___ 1.30 P o l k ...... 1.32 B ow m an__ __ 1.18 N elson______1.24 PENNSYLVANIA Dane ______1. 33 P o rtag e_____ 1.30 B u rk e ______1.19 O liv e r______1.20 Rate D o d g e______1.33 E ic h la n d ___ 1.30 B urleigh____ 1.22 P em b in a__ __ 1.23 All counties__ $1.43 D o o r_____ ._1.28 B ock______1.34 C ass______1.26 Pierce ______1.22 D o u g la s____ 1.33 SOUTH DAKOTA B u s k ______1.29 C av alier____ 1.22 B a m s e y ___ _ 1.23 D u n n ___ — 1.31 St. Croix____ 1.32 D ic k ey _____ 1.25 B a n s o m ____ 1.26 County Rate County Rate Eau Claire__ 1.30 S a u k ______1.31 D ivide______1.18 Benville _____ 1.19 Aurora______$1.26 Jackson ____ $1.20 Fond du Lac_ 1.32 S h a w a n o ___ 1.23 D u n n ______1.18 E ic h la n d ___ 1.27 Beadle —____ 1.26 Jerauld _____ 1.26 G r a n t ______1.30 S h e b o y g a n _1.33 E d d y _____ — 1.24 E o le tte _____ 1.21 Bon Homme_ 1.28 Jones ______1.21 Green Lake.. 1.32 Trempealeau _ 1.28 Emmons ___ 1.22 S a r g e n t___ _ 1.26 Brookings __ 1.28 K in g sb u ry __ 1. 27 I o w a ______1.31 W a lw o rth __ 1.34 Foster _■_____ 1.24 S h e rid a n ___ 1.22 B row n______1.26 Lake ______1.27 J a c k s o n ____ 1.29 W a s h b u rn __ 1.31 Golden Sioux ______1.20 • Brule ______1. 26 Lawrence ___ 1.17 Je ffe rs o n ___ 1.34 Washington _ 1.33 Valley____ 1.16 S lo p e ------w- 1.16 B utte ______1.17 Lincoln ____ 1.29 Ju n eau ____ 1. 31 W au k e sh a __ 1.34 Grand Forks— 1.25 S ta rk ______1.19 C am p b ell___ 1.22 L y m a n _____ 1.23 K ew au n ee__ 1.30 W a u p a c a ___ 1.30 G r a n t______1.19 S te e le ______1.25 Charles Mix— 1.26 McCook _ __ 1.28 La Crosse___ 1.30 W a u s h a ra __ 1.31 G riggs------1.25 S tu tsm a n ___ 1.24 Clark ______1.27 McPherson _ 1.23 L a n g la d e ___ 1.29 Winnebago -- 1.32 H ettin g er___ 1.19 T ow ner_____ 1.22 Clay ------1.30 M arshall ___ 1.26 M an ito w o c_1.32 W o o d ...... 1.30 K id d e r...... 1.23 Traill ______1.25 C o d in g to n __ 1.27 M ead e_____ - 1.17 La M oure___ 1.24 W a lsh ______1.24 C o rs o n _____ 1.20 Mellette 1.24 WYOMING Logan ______1.23 W a rd ______1.19 Custer _____ 1.18 Miner 1.27 Campbell____ $1.13 Johnson ______$1. 06 M cH enry___ 1. 21 W ells______1.23 D a v iso n ------1.27 M innehaha _ 1.29 C a rb o n _____ 1.06 Laramie _____ 1.19 M cIntosh___ 1.22 W illia m s___ 1.18 D a y ------1.26 M o o d y _____ 1.28 C ro o k ______1.14 Niobrara ____ 1.16 Deuel ______1.28 P e n n in g to n _ 1.16 G o sh en _____ 1, 19 D ew ey______1.19 Perkins 1.19 Douglas ____ 1.27 P o tte r ______1.23 Issued this 20th day of August 1948. E d m u n d s___ 1.24 Eoberts 1.27 [ s e a l ] E l m e r P . K r u s e , OHIO Fall Biver___ 1.18 Sanborn 1.26 County Rate County Rate F a u l k ______1.25 S p in k ------1.26 Manager, A s h la n d ____ $1.36 L o g a n ______$1.33 G rant ______1.28 Stanley _____ 1.22 Commodity Credit Corporation, A sh ta b u la __ 1.37 L o r a in ___ _ 1.36 Gregory 1.27 Sully 1.22 Approved: August 23,. 1948. Butler 1.33 Lucas ______1.34 Haakon ____ 1.19 Tripp 1.25 Carroll 1.36 Madison ____ 1.34 Ham lin 1.27 . 1.29 R a l p h S . T r ig g , C ham paign_ 1.33 M a h o n in g __ 1.37 Hand 1.25 Union 1.31 President, Clark 1.33 M ed in a_____ 1.36 Hanson 1.27 W a lw o rth __ 1.23 Commodity Credit Corporation. Clinton 1.33 M e rc e r_____ 1.33 H u g h es_____ 1.23 Yankton ___ 1..29 Columbiana _ 1.37 Miami _____ 1.33 H u tc h in so n _ 1.28 Z ie b a c h ____ 1.18 [F. B. Doc. 48-7691; Filed, Aug. 26, 1948; C raw ford___ 1.35 Montgomery _ 1.33 H y d e ...... 1.24 8: 49 a. m.] Cuyahoga __ 1.36 Morrow ____ 1.35 Darke 1.33 Pickaway___ 1.34 TENNESSEE D elaw are___ 1.35 Rate Portage ____ 1.36 All counties__ Erie 1.35 P re b le ______1.33 $1.38 Fairfield ___ 1.85 P u tn a m ____ 1.34 [1948 C. C. C. Dry Edible Sm ooth Pea TEXAS Bulletin 1] Fayette ... 1.34 Eichland __ 1.36 County Rate County F r a n k lin ___ 1.35 B o s s ______1.34 Rate P a r t 280—D r y E d ib l e S m o o t h P ea L o a n s Fulton 1.33 A rm stro n g __ $1.19 Hemphill ____ $1.19 Sandusky __ 1.35 a n d P u r c h a s e A g r e e m e n t s Geauga 1.37 Seneca _____ 1.35 Briscoe • 1.16 Lipscomb __ 1.18 Greene 1.33 Stark ______1.36 C a rs o n ____ ■ 1.18 M o o re______1.16 1948 DRY EDIBLE SMOOTH PEA PRICE SUPPORT Hancock ___ 1.35 S u m m it____ 1.36 D a lla m _____ 1.16 O c h iltree ___ 1.17 PROGRAM BULLETIN Hardin 1.35 T r u m b u ll__ 1.37 Deaf S m ith _ 1.16 O ld h a m ____ 1.17 Henry 1.33 T uscaraw as_ 1.36 Denton 1.23 Eandall____ 1.17 This bulletin states the requirements Highland ____ 1.33 'V a n W e r t__ 1.33 Floyd ______1.17 S h e rm a n ___ 1.16 with respect to the 1948 Dry Edible H olm es__ __ 1.36 - W arren ____ 1.33 H a n sfo rd ___ 1.16 S w is h e r____ 1.16 Smooth Pea Loan and Purchase Agree­ Huron 1.35 Wayne 1.36 H a rtle y _____ 1.16 Wheeler 1.19 ment Program formulated by the Com­ Knox 1.35 W illia m s__ » 1.33 UTAH modity Credit Corporation (hereinafter Lake 1.37 W o o d ______1.35 Licking 1.35 W y a n d o t___ 1.35 Box Elder___ $1. 10 M illard _ $1.12 referred to as CCC) and the Production Iron ______1.12 S a n p e te ____ 1.08 and Marketing Administration (herein­ OKLAHOMA Juab 1 .1 1 after referred to as PMA). Loans and Alfalfa $1.24 Grady ______$1.23 purchase agreements will be made avail­ Beaver __ 1.20 G raiit 1.24 VIRGINIA able to producers and cooperative mar­ Beckham 1.21 G r e e r ______1.21 Rate keting association of producers (herein­ B lain e___ 1.23 Harper 1.20 All counties. $1.43 Caddo __ 1.23 J a c k s o n ____ 1.23 after referred to as the producer) on C an ad ian ___ 1.23 K a y ------1.25 WASHINGTON eligible peas in accordance • with this Cimarron 1.17 K in g fish er___ 1.23 County Rate County Rate bulletin. Custer 1.22 Kiowa 1.23 A dam s______$1.28 F r a n k lin ___ $1.31 Sec. Dewey___ 1.21 Logan _ _ 1.23 C o lu m b ia __ 1.32 G rant 1.28 Ellis 280.201 A dm inistration. 1.21 M a jo r______1.23 D o u g la s___ * 1.27 Lincoln 1.28 280.202 Availability of loans and purchases. Garfield _ 1.24 M ay es_____ - 1.27 Ferry » Ì. 22 Okanogan ___ 1.25 280.203 Approved lending agencies. RULES AND REGULATIONS 4996 ciation, corporation, partnership, indi­ responsibilities of the producer and figC. should be read carefully. 280.204 Eligible producer. vidual, or other legal entity with which Any fraudulent representation made 280.205 Eligible peas. CCC has entered into a Lending Agency 280.206 Eligible storage. Agreement (Form PMA—97, or other by a producer in obtaining a loan or purchase agreement or in executing any 280.207 Approved forms. form prescribed by CCC). 280.208 D eterm ination of q uantity under of the loan or purchase documents, will loan. § 280.204 Eligible producer. An eli­ render him subject to criminal prosecu­ 280.209 Liens. gible producer shall be any individual, tion. 280.210 Service fees. partnership, association, corporation, or Notes and chattel mortgages, note and 280.211 Set-offs. „ other legal entity producing peas in loan agreements, and purchase agree­ 280.212 Loan and settlem ent rates. 1948 a s landowner, landlord, tenant, or ments must have State and documentary 280.213 In terest rate. 280.214 Transfer of producer’s equity. sharecropper. revenue stamps affixed thereto where re­ 280.215 Safeguarding th e peas. Cooperative marketing associations of quired by law. Loan and purchase docu­ 280.216 Insurance. producers shall be eligible for loans and ments executed by an administrator, ex­ 280.217 Loss or damage to the peas. purchase agreements: Provided, That, ecutor, or trustee will be acceptable only 280.218 Personal liability on loans. (a) the association markets peas pro­ where legally valid. 280.219 M aturity and satisfaction. duced solely by eligible producer mem­ (a) Farm storage loans. Approved 280.220 Removal of the peas under loan. bers, (b) the producer members are forms shall consist of producers’ notes 280.221 Release of the peas under loan. bound by contract to market through the on CCC Commodity Form A, secured by 280.222 Delivery of peas to CCC. association, (c) the association has au­ 280.223 Purchase of notes. chattel mortgages on CCC Commodity 280.224 CCC field offices. thority to obtain a loan on the security Form AA and federal inspection certifi- • of the peas, and to give a lien thereon, A u t h o r it y : §§ 280.201 to 280.224, inclu­ and (d) the members share proportion­ (b) Warehouse storage loans. Ap­ sive, issued under sec. 4 (a), 65 Stat. 498, as am ended (15 U. S. C. 713a-8 (a)): sec ( ), ately according to the quantity, grade proved forms shall consist of note and Pub. Law 897, 80th Cong.; sec. 5 (a), Pub. and class of peas each delivers to the loan agreements on CCC Commodity Law 806, 80th Cong. association. Form B, secured by negotiable warehouse receipts representing peas stored in ap­ § 280.201 Administration. The pro­ § 280.205 Eligible peas. Eligible peas shall be peas of the classes Alaska, Blue­ proved warehouses. All peas pledged as gram will be administered in the field security for a loan on a single CCC Com­ through CCC field offices, State PMA bell, Scotch Green, First and Best, Mar­ rowfat, White Canada, and Colorado modity Form B must be stored in the committees, and county agricultural con­ same warehouse. servation committees under the general White produced in 1948 which grade U. S. (c) Purchase agreement documents. supervision and direction of the Mana­ No. 2 or better or which after normal cleaning would meet the requirements The purchase agreement documents ger, CCC. Forms will be distributed shall consist of the Purchase Agreement through the offices of State and county for U. S. No. 2 grade peas or better as (Commodity Purchase 1) and Purchase committees. County committees will de- defined in the Official U. S. Standards Agreement Settlement (Commodity Pur­ termine or cause to be determined the for Dry Peas. chase 4) signed by the producer and ap­ quantity and quality of the peas, the Except in the case of eligible coopera­ proved by the county committee, negoti­ amount of the loan, and the value of the tive marketing associations of producers, able warehouse receipts, and such other eligible, peas delivered under a loan or the beneficial interest in the peas must forms as may be prescribed by CCC. purchase agreement. All loan and pur­ be in the person tendering the peas for (d) Warehouse receipts. Peas stored chase documents will be completed and a loan or purchase and must always have in eligible warehouse storage under the approved by the county committee, been in him, or must have been in him loan or purchase agreement programs v/hich will retain copies of all such docu­ and a former producer whom he suc­ must be represented by warehouse re­ ments. The county committee may ceeded before the peas were harvested. In order to be eligible for a loan, peas ceipts which satisfy the following re­ designate in writing certain employees of quirements: . the county agricultural conservation stored on the farm must have been stored (1) Warehouse receipts must be is­ association to approve such forms on be­ in the granary or bin at least 30 days sued in the name of the producer or pro­ half of the committee. • prior to inspection for measurement, ducer association, must be properly en­ The county committee will furnish the sampling, and sealing, unless otherwise dorsed in blank so as to vest title in the borrower with the names of local lending approved by the State PMA committee. holder, and must be issued by an ap­ agencies approved for making disburse­ § 280.206 Eligible storage. Eligible proved warehouse. ments on loan documents or with the ad­ storage for peas shall meet the following (2) CCC *will not require that the dress of the CCC field office to which requirements: warehouse insure the peas placed under loan documents may be forwarded for (a) Farm storage. Eligible farm loan; however, if the warehouse does in­ disbursement. storage shall consist of farm bins and sure the peas, such insurance shall inure § 280.202 Availability of loans and granaries which, as determined by the to the benefit of CCC to the extent of purchases—(a) Area. Loans and pur­ county committee, are of such substan­ its„interest. chase agreements shall be available to tial and permanent construction as to (3) Each warehouse receipt, or the producers of eligible peas produced in permit safe storage ''that will prevent warehouseman’s supplemental certifi­ the States of Washington, Oregon, Cali­ physical loss, permit effective fumigation cate (in duplicate) properly identified fornia, Idaho, Montana, Colorado, North for the destruction of insects, and afford with the warehouse receipt, must show Dakota, Minnesota, and Wisconsin and protection against rodents, other ani­ the net weight and all grading factors such other States as CCC may hereafter mals, thieves, and weather. Farm-stor­ used in the determination of the quality designate. age loans will not be available to asso­ of the peas. (b) Time. Loahs and purchase agree­ ciations of producers. § 280.208 Determination of quantity ments shall be available through Decem­ (b) Warehouse storage. Eligible ware­ house storage shall consist of warehouses under loan. Loans shall be made on the ber 31, 1948 and the applicable docu­ basis of sound Whole peas. The quantity ments must be" signed by the producer for which a storage agreement (C. C. C. Bean and Pea Form B) has been ex­ of sound whole peas shall be the quan­ and delivered or mailed to the county tity of eligible peas minus dockage and committee not later than such date. ecuted and approved by CCC for the storage of peas. Warehouse receipts re­ other defects as defined in the TF. S. (c) Source. Loans shall be made avail­ Standards for Dry Peas. able to producers direct by CCC field ferred to herein shall be negotiable warehouse receipts, representing eligible (a) Farm-stored. The quantity of offices and by lending agencies under bulk peas stored in ap approved bin or lending agency agreements with GCC. peas, issued by such warehouses and shall conform to requirements of CCC. granary on a farm shall be determined Purchase agreements shall be available by dividing the number of cubic feet of through the offices of the county agricul­ § 280.207 Approved forms. The ap­ tural conservation committees. peas in such bin or granary by 2.1 and proved forms consist of the loan and multiplying the result by the percentage § 280.203 Approved lending agencies. purchase documents which, together with the provisions of §§ 280.201 to of sound whole peas. The result will be An approved lending agency shall be the net weight of sound whole peas in any bank, cooperative marketing asso- 280.224, inclusive, govern the rights and Friday, August 27, 1948 FEDERAL REGISTER 4997

units of 100 pounds. If peas are stored § 280.214 Transfer of producer's eq­ of Agriculture, or any other payments in sacks a deduction of % pound per uity—(a) Loan. The right of the pro­ which are due or may become due to the sack shall be made from the gross ducer to transfer either his right to re­ producer from CCC or any other agency weight. deem the peas under loan or his remain­ of the United States. In the event the (b) Warehouse-stored. The quantity ing interest may be restricted by CCC. farm is sold or there is a change of ten­ of peas stored in an eligible warehouse (b) Purchase agreements. The pro­ ancy, the peas may be delivered before will be the net weight multiplied by the ducer may not assign his interest in the the maturity date of the loan upon prior percentage of sound whole peas as shown purchase agreement. approval by the county committee. on the warehouse receipt or supple­ § 280.215 Safeguarding of the peas. In the case of warehouse-storage lo&ns, mental certificate. if the producer does not repay his loan The producer obtaining a farm-storage upon maturity -CCC shall have the right § 280.209 Liens. The peas must be loan is obligated to maintain the farm to sell or pool the peas in satisfaction of free and clear of all liens and encum­ storage structures in good repair, and to the loan in accordance with the provi­ brances except lien for warehouse receiv­ keep the peas in good condition. sions of the note and loan agreement and ing and loading out charges; otherwise § 280.216 Insurance. CCC will not § 280.220. proper waivers must be obtained. require the producer to insure the peas (b) Purchase agreements. The pro­ § 280.210 Service fees — (a) Loans. placed under farm-storage loan; how­ ducer who signs a purchase agreement Where the peas under loan are farm- ever, if the producer does insure such (Commodity Purchase 1) will not be ob­ stored the producer shall pay a service peas such insurance shall inure to the ligated to deliver any peas to CCC. How­ fee of two cents per 100 pounds on the benefit of CCC to the extent of its inter­ ever, the quantity of sound whole peas quantity of sound whole peas placed un­ est, after first satisfying the producer’s he specified in the purchase agreement der loan, or $3.00 whichever is greater, equity in the peas involved in the loss. will be the maximum quantity he may and where the peas under loan are ware­ § 280.217 Loss or damage to the deliver to CCC. If the producer desires house-stored the producer shall pay a peas — (a) Farm-storage. The pro­ to deliver peas to CCC he shall, within service fee of one cent per 100 pounds on ducer is responsible for any loss in quan­ 30 days following April 30, 1949, the ma­ the quantity of sound whole peas or $1.50 tity or quality of the peas placed under turity date of pea loans, or such earlier whichever is greater. farm storage loan, except that uninsured date as demand for payment of pea loans (b) Purchase agreements. At the time physical loss pr damage occurring with­ may be made, submit warehouse receipts the producer signs the purchase agree­ out fault, negligence, or conversion on representing eligible peas stored in eli­ ment he shall pay a service fee of one cent the part of the producer, and resulting gible warehouse-storage to the county per 100 pounds on the quantity of sound solely from an external cause other than committee for the quantity of such peas whole peas specified by the producer on insect infestation or vermin will be as­ he elects to sell to CCC, or in the case Commodity Purchase 1, as the maximum sumed by CCC to the extent of the settle­ of peas stored in other than eligible quantity he may deliver, or $1.50 which- ment rate, provided the producer has warehouse-storage, he shall notify the eveins greater. No refund of service fee given the county committee immediate county committee of his intentions to will be made. notice in writing of such loss or damage, sell and request delivery instructions. § 280.211 Set-offs. A producer who is and provided there has been no fraudu­ The producer must then complete de­ listed on the county debt register as in­ lent representation made by the pro­ livery within a 15-day period immedi­ debted to any agency or corporation of ducer in the loan documents or in ob­ ately following the date the county com­ the United States Department of Agri­ taining the loan. mittee issues delivery instructions unless culture shall designate the agency or cor­ (b) Warehouse-storage. In the case the county committee determines that poration to which he is indebted as the of loss or damage to peas in warehouse more time is needed for delivery. De­ payee of the proceeds of the loan or pur­ storage from an external cause other livery of peas not stored in eligible ware­ chase to the extent of such indebtedness, than insect infestation the producer’s house storage shall be made as directed but not to exceed that portion of the account will be credited in the amount by CCC. When delivery is completed, proceeds remaining afer deduction of the of such loss or damage at the settlement payment will be made by sight draft service fees and amounts due prior lien­ rate. drawn on CCC by the State PMA office holders. Indebtedness owing to CCC on the basis of an approved Commodity shall be given first consideration after § 280.218 Personal liability on loans. Purchase 4. The producer shall direct claims of prior lienholders. The making of any fraudulent represen­ on such form to whom payment of the tation by the producer in the loan docu­ purchase price shall be made. Eligible § 280.212 Loan and settlement rates— ments or in obtaining the loan, or the peas will be purchased on the basis of (a) Loan rate. The loan rate shall be conversion or unlawful disposition of any the weight and quality factors shown on $3.50 per 100 pounds of sound, whole, dry, portion of the peas by him, shall render the warehouse receipt and accompany­ edible smooth peas for Alaska, Bluebell, the producer personally liable for the ing documents; or, if such peas are de­ Scotch Green, First and Best, Marrow­ amount of the loan and for any resulting livered to a CCC bin site, on the basis fat, and White Canada and $3.25 per 100 expense incurred by any holder of the of the weight and quality determinations pounds for Colorado White. note. made by the county committee and ap­ (b) Settlement rate. Settlement rates proved by the producer. per 100 pounds net weight of sound whole § 280.219 Maturity and satisfaction— peas delivered to CCC in satisfaction of a (a) Loans. Loans mature on demand § 280.220 Removal of the peas under loan or under a purchase agreement are but not later than April 30, 1949. In loan. If the loan is not satisfied upon as follows: the case of farm storage loans, the pro­ maturity by payment or delivery, the ducer is required to pay off his loan on holder of the note may remove the peas or before maturity or to deliver the mort­ and sell them, either by separate con­ 1 No. 1 No. 2 settle­ settle­ gaged peas in accordance with instruc­ tract or after pooling them-with other Class ment ment tions issued by the county committee. lots of peas similarly held. The pro­ raté1 rate1 Credit will be given at the applicable set­ ducer has no right of redemption after tlement rate for the total net quantity of the peas are pooled, but shall share Alaska, Bluebell, Scotch Green, First and Best, Marrowfat, and White sound whole peas so delivered. If the ratably in any overplus remaining on $4.80 $4.55 settlement value of the peas delivered liquidation of the pool. CCC shall have 4.55 4.30 exceeds the amount due on the loan, the the right to treat, the pooled peas as a amount of the excess shall be paid to the reserve supply to be marketed under • Determination of quantity and applicable rates shall producer. If the settlement value of the such sales policies as CCC determines will be in accordance with §280.222. peas is less than the amount due' on the promote orderly marketing, protect the ' § 280.213 Interest rate. Loans shall loan, the amount of the deficiency, plus interest of the producers and consumers, bear interest at the rate of 3 percent interest, shall be paid by the producer to and not unduly impair the market for per annum, and interest shall accrue CCC, or may be set off against any pay­ the current crop of peas, even though from the date of disbursement of the ment which would otherwise be made part or all of such pooled peas are dis­ loan, notwithstanding any other printed to the producer under any agricultural posed of under such policies at prices provisions of the note. programs administered by the Secretary less than the current domestic price for No. 168------2 4998 RULES AND REGULATIONS such. peas. Any sum due the producer as federal inspection certificate issued pur­ to the county committees on CCC Com­ a result of the sale of peas or of insurance suant to a sample taken within 10 days modity Form F, or such other form as proceeds thereon, or any ratable share of the time of delivery. CCC may prescribe, of all payments re­ resulting from the liquidation of a pool, (c) Determination of quality. The ceived on producers’ notes held by them, shall be payable only to the producer county committee will determine the and they are required to remit promptly without right of assignment by him. quality of the peas from the federal in­ to CCC an amount equivalent to IV2 per­ spection certificate, warehouse receipt, cent interest per annum on the amount § 280.221 Release of the peas under or supplemental certificate. Eligible of the principal collected, from the date loan. The producer may at any time peas may contain not to exceed 16.0 per­ of disbursement to the date of payment. prior to delivery to CCC obtain release cent moisture, shall not have a com­ Lending agencies shall submit notes and of the peas under loan by paying to the mercially objectionable odor, shall not reports to the CCC field officé serving the holder of the note, or note and loan area. agreement, the principal amount thereof, be heating, shall not be infested with live plus interest. If the-note is held by an weevil or other insects, or be otherwise § 280.224 CCC field offices. The CCC out-of-town lending agency or by CCC, of distinctly low quality. field offices and the areas served by To qualify for the No. 1 settlement rate them, aré shown below: the producer may request that the note the defects in the dockage-free portion be forwarded to a local bank for collec­ Address and Area tion. In such case, where CCC is the of the eligible peas must not exceed any of the following maximum limits: Kansas City 6, Mo., 417 East 13th St.: holder of the note, the local bank will be Total bleached and other classes, 1.5% Colorado. instructed to return the note if pay­ (including other classes 0.5%); shriv­ Minneapolis 1, Minn., 328 McKnight Build­ ment is not effected within 15 days. All eled, 2.0%; cracked seed coats, 3.0%. ing: Minnesota, Montana, North Dakota, charges in connection with the collection Wisconsin. of the note shall be paid by the producer. The peas shall be a good natural color. P ortland 5, Oreg., 515 S. W. T enth Ave.: Upon repayment of a farm-storage loan, To qualify for the No. 2 settlement Idaho, Oregon, Washington. the county committee, should be re­ rate, the defects in the dockage-free por­ San Francisco 2, Calif., 30 Van Ness Ave.: tion of the eligible peas must fail to California. quested to release the mortgage by filing meet one or more of the requirements an instrument of release or by a marginal Issued this 20th day of August 1948. release on the county recording office for the No. 1 support price and must not records. Partial release of the peas prior exceed any of the following maximum [ s e a l ] E l m e r F . K r u s e , to maturity may be arranged with the limits: Manager, county committee by paying to the holder Total bleached and other classes, 3.0% Commodity Credit Corporation. of the note the amount of the loan, plus (including other classes 1.0%); shriv­ Approved: August 23, 1948. charges and accrued interest, represented eled, 4.0%; cracked seed coats, 6.0%. by the quantity of sound whole peas to be The peas may be slightly off-color. R a l p h S . T r ig g , The percentage limits here given for President, • released. In case of warehouse-storage Commodity Credit Corporation. loans, each partial release must cover all “other classes” apply only to those peas peas under one warehouse receipt of which the cotyledons and/or seed coats [F. R. Doc. 48-7692; FUed, Aug. 26, 1948; are not the same color as those of the 8:50 a. m.] number. peas being inspected. An additional al­ § 280.222 Delivery of peas to CCC. lowance of 5.0% for peas qualifying for If peas are delivered by the producer to the No. 1 settlement rate and 10.0% TITLE 7— AGRICULTURE CCC pursuant to a purchase agreement for peas qualifying for the No. 2 settle­ or in satisfaction of a loan, the follow­ ment rate shall be made for other classes Chapter III— Bureau of Entomology ing terms and conditions shall apply of which the cotyledons and/or seed and Plant Quarantine, Department with respect to quantity, quality, deliv­ coats are of the same color as those of of Agriculture ery point, and charges: the peas being Inspected. [B. E. P. Q. 572] (a) Acceptable delivery. CCC will ac­ If peas are delivered to CCC in satis­ cept eligible peas delivered by the pro­ faction of a loan which do not meet the P art 301—D o m e s t ic Q u a r a n t in e N o t ic e s ducer pursuant to instructions issued by requirements for eligible peas the quan­ RESTRICTIONS OF JAPANESE BEETLE QUARAN­ CCC, or warehouse receipts represent­ tity and settlement value shall be de­ TINE ON CUT FLOWERS, FRUITS AND VEGE­ ing eligible peas issued by an approved termined by or under the supervision of TABLES DISCONTINUED FOR THE SEASON warehouse in the producer’s name. Eli­ the appropriate CCC field office. gible peas may be delivered in bulk and All terms in this paragraph are as de­ Pursuant to the authority conferred no allowance will be made for delivery fined in the Official U. S. Standards for upon the Chief of the Bureau of Ento­ in sacks unless such delivery is specifi­ Dry Peas. mology and Plant Quarantine by cally requested by CCC. No allowances (d) Delivery point. Peas shall be de­ § 301.48-4 (a) of the regulations supple­ will be made for cleaning and processing livered in an approved warehouse, or to mental to the Japanese beetle quarantine costs. an assembly point, or f. o. b*car, country (7 CFR § 301.48-1 et seq., 13 F. R. 2250), (b) Determination of quantity. The shipping point, as specified by the county the dates have,been determined beyond quantity of eligible peas delivered to committee. which shipping restrictions imposed by CCC from other than an approved ware­ (e) Charges. Storage, cleaning, bag­ Administrative Tustructions B. E. P. Q. house will be determined on the basis of ging, inspection fees and all other charges 570, effective June 7,1948 (7 CFR 301*48- official weight at the point of delivery, (except receiving and loading out 4a; 13 F. R. 3071) are no longer necessary evidenced by scale tickets, minus the tare charges), incurred on peas up to the for this year. Administrative instruc­ weight of the sacks, if any, and shall time of delivery to CCC shall be paid by tions to appear as § 301.48-4b in Title 7, be approved by the producer. the producer prior to such delivery or Code of Federal Regulations, are hereby The gross weight of eligible peas de­ shall be deducted from the settlement issued as follows: livered to CCC in an approved ware­ value. § 301.48-4b Administrative instruc­ house shall be the weight of peas speci­ § 280.223 Purchase of notes. CCC will tions designating terminating dates of fied in the warehouse receipt. purchase, from approved lending agen­ seasonal regulations of cut flowers, fruits The quantity of sound whole peas shall cies, notes evidencing approved loans and vegetables. It is hereby ordered that be determined by multiplying the gross which are secured by chattel mortgages for the 1948 season the application of the weight by the percentage of sound whole or negotiable warehouse receipts. The requirements of §§ 301.48-4 (a) and peas as determined from a federal in­ purchase price to be paid by CCC will be 301.48-5 of the Japanese beetle regula­ spection certificate or from the ware­ the principal sums remaining due on tions (13 F. R. 2250) to unprocessed fresh, house receipt or supplemental certifi­ such notes, plus accrued interest from cut flowers when moved in bulk, and cate. the date of disbursement to the date of fresh fruits and vegetables of all kinds If the peas are stored, “identity-pre­ purchase at the rate of 1% percent per when shipped by refrigerator car or mo­ served”, the percentage of sound whole annum. Lending agencies are required tortruck only, shall terminate on the fol­ peas shall be determined solely from a to submit a weekly report to CCC and lowing dates: Friday y August 27, 1948 FEDERAL REGISTER 4999

(a) For fruits and vegetables, except TITLE 14— CIVIL AVIATION previously been so certificated. (Sec. green ear corn, at the close of August 26, 205 (a), 52 Stat. 984; 49 U. S. C. 425 (a)) 1948. Chapter I— Civil Aeronautics Board By the Civil Aeronautics Board. (b) For green ear corn, at the close [Civil Air Regs., Arndt. 09-2] of September 17, 1948. [seal] F red A. T oombs, (c) For cut flowers, at the close of P art 09—Aircraft Airworthiness, « Acting Secretary. September 30, 1948. L im ited C ategory [P. R. Doc. 48-7701; Filed, Aug. 26, 1948; 8:51 a. m.] Under the provisions of the Japanese recertification of lim ite!) category beetle quarantine and supplemental reg­ AIRCRAFT ulations (§§ 301.48-1 to 301.48-10, in­ clusive) (13 F. R. 2250), the interstate Adopted by the* Civil Aeronautics TITLE 15— COMMERCE movement of fruits, vegetables, and cut Board at its office in Washington, D. C. flowers from the infested areas is re­ on the 20th day of August 1948. Chapter I— Bureau of the Census, stricted. It is essential to relieve these Section 09.20, as amended by Civil Air Department of Commerce restrictions at the earliest moment con­ Regulations Amendment 09-1, provides [Foreign Commerce Statistical Decision 68] sistent with safety, in order to permit that limited airworthiness (NL) certifi­ movement of these articles without cer­ cates shall not be issued after August 31, P art 30—F oreign T rade S tatistics tification or treatment. Safety requires 1948. Certain individuals have expressed sh ippin g w eig h t information on s h ippe r ’s that this relief shall be applied progres­ the desire to alter NL certificated air­ EXPORT DECLARATIONS NOT REQUIRED FOR sively, dependent upon the time of cessa­ craft for racing purposes, which would TRUCK, RAIL OR MAIL SHIPMENTS tion of heavy flight of the beetles and require the surrender of the NL certifi­ upon the susceptibility of the commodity cate, the issuance of an experimental Pursuant to section 4 of the Adminis­ involved to continued infestation. Such (NX) certificate, and, after racing the trative Procedure Act, approved June factors are unpredictable within narrow aircraft, its realteration to its pre-race 11, 1946 (Public Law 404, 79th Cong., time limits. However, heavy flight of the condition and recertification as an NL 2d Sess.), the Foreign Commerce Statis­ beetles is now rapidly diminishing and its aircraft. Such recertification would take tical Decision indicated below is of such cessation is imminent. Experience dem­ place after August 31, 1948. Therefore, a nature that preliminary notice and onstrates that the restrictions of the these persons have asked whether the hearing are deemed unnecessary. This quarantine and supplemental regulations present provisions of § 09.20 would pre­ decision is therefore made effective im­ with respect to fruits, vegetables, and cut vent a reissuance of the aircraft’s NL mediately: flowers may safely be withdrawn on the certificate. Section 30.14 (c) is amended to read dates indicated above. For the reasons A similar practice of changing air­ as follows: stated, it is found upon good cause, pur­ worthiness certificates is frequently fol­ § 30.14 Description of articles ex­ suant to the provisions of section 4 of lowed where aircraft certificated as ported. * * * the Administrative Procedure Act (60 standard (NC) aircraft are used experi­ (c) In addition to specifying the quan­ Stat. 238), that notice and public pro­ mentally, and there is no reason why tity in the units required by Schedule B, cedure on this order are unnecessary, operators of NL aircraft should not be the gross shipping weight (in pounds) impracticable, and contrary to the pub­ accorded the same privilege. The Board including the weight of all containers, lic interest, and good cause is found for established August 31, 1948, as the final must be stated on the Shipper’s Export issuing the order effective less than date for issuance of limited airworthi­ Declaration, except for shipments leav­ thirty days after publication. ness certificates in order to provide a ing the United States by rail,* truck, or cutoff date for the certification of addi­ mail. (Sec. 8, 37 Stat. 318, as amended; 7 tional aircraft in the NL category. It did U. S. C. 161) not, however, wish to prevent the reis­ Foreign Commerce Statistical Decision Done at Washington, D. C., this 23d suance of such a certificate where the op­ 29 is rescinded. day of August 1948. erator had voluntarily surrendered such (R. S. 161, 336, as amended, secs. 4, 5, certificate in obtaining an NX certificate. 32 Stat. 826, 827, as amended, sec. 1, 18 [ seal] Avery S. H o yt, Acting Chief, This amendment is, therefore, designed Stat. 352, as amended, sec. 7, 44 Stat. Bureau of Entomology to clarify § 09.20 in order to remove any 572; 5 U. S. C. 22, 601; 15 U. S. C. 173, and Plant Quarantine.' doubt regarding the Board’s intention to 175,178; 49 U. S. C. 177 (c)) permit the reissuance.of an NL certifi­ [SEAL] A. Ross E ckler, [F. R. Doc. 48-7690; Piled, Aug. 26, 1948; cate under the above circumstances. 8:49 a. m.] Acting Director, Since this amendment is only interpre­ Bureau of the Census. tative and imposes no additional burden TITLE 10— ARMY on any person, notice and public proce­ Approved: dure hereon are unnecessary, and the Charles S aw yer, T ransfer of R egulations to T itl e 34— amendment may be made effective with­ N ational M ilitary E stablishment Secretary of Commerce. out prior notice. [F. R. Doc. 48-7666; Filed, Aug. 26, 1948 E ditorial N o t e : In order to group un­ In consideration of the foregoing the 8:46 a. m.] der a single title the rules and regulations Civil Aeronautics Board hereby amends issued by the Secretary of Defense and Part 09 of the Civil Air Regulations (14 those issued by all components of the CFR, Part 09, as amended) effective im­ National Military Establishment, Title mediately by amending § 09.20 to read as [Foreign Commerce Statistical Decision 67] 10—Army is vacated, and the regulations appearing thereih are transferred to follows: P art 30—F oreign T rade S tatistics Title 34—National Military Establish­ § 09.20 Requirements for issuance. A ADDITIONAL COPIES OF SHIPPER’S EXPORT ment. limited airworthiness certificate will be DECLARATION FOR PURPOSE OF EXPORT Partial amendments to material form­ issued by the Administrator for an air­ CONTROL erly codified under Title 10—Army will craft eligible for a type certificate under Pursuant to section 4 of the Adminis­ continue to be published under the old this part if he finds, after inspection, numbers until such material has been trative Procedure Act, approved June that the aircraft is in a good state of 11, 1946 (Public Law 404, 79th Cong., 2d renumbered apd republished under preservation and repair and is in a con­ Chapter V—Department of the Army, Sess.), the Foreign Commerce Statisti­ under Chapter VII—Department of the dition for safe operation. Such inspec­ cal Decision indicated below is of such Air Force, or under Chapter IV—Joint tion shall include a flight check by the a nature that preliminary notice and Regulations of the Armed Forces, in applicant. Limited airworthiness cer­ hearing are deemed unnecessary. This Title 34 as redesignated under said title, tificates shall not be issued after August decision is therefore made effective im­ infra. 31, 1948, to any aircraft which has not mediately: 5000 RULES AND REGULATIONS

1. Paragraph (e) is added to § 30.30, 8. The paragraph of § 30.43 preceding the class of currency in which appraise­ as amended by Foreign Commerce Sta­ paragraph (b) is redesignated para- ment is made, by using the term “Offi­ tistical Decisions 60 (May 28, 1947) and ¿TEpll (&) • cial” pesos, “Undesignated” pesos,, pesos 66 (June 2, 1948), to read as follows: 9. Sections 80.33, 30.38 and 30.39 of “for ‘regular’ products”, pesos'“for ‘non­ Foreign Commerce Statistical Regula­ regular’ products”, or pesos “for certain (e) For the purpose of export-control, tions and Foreign Commerce Statistical industrial products”, as the case may be,' and in addition to the number of copies Decisions 60 and 66 are amended by this to identify the types of currency for of Shipper’s Export Declarations re­ Decision. which the Federal Reserve Bank has quired by this section, an additional copy certified rates. or additional copies of the Shipper’s Ex­ (R. S. 161, 336, as amended, secs. 4, 5, 32 port Declaration may be required by Stat. 826, 827, as amended, sec 1,18 Stat. Subparagraph (a) of paragraph num­ regulations issued by the Office of In­ 252, as amended, sec 7, 44 Stat. 572; 5 bered 3 is amended by deleting the words ternational Trade of the Department of U. S. C. 22, 601; 15 U. S. C. 173,175, 178; “the ‘free market’ rate of exchange or” Commerce. 49 U. S. C. 177 (c) ) and the word “other”. No rates for the Argentine peso have 2. Paragraph (c) is added to § 30.33 to IsealI A. Ross E ckler, been published by the Secretary of the read as follows: , Acting Director, Treasury for dates since June 22, 1948. Bureau of the Census. Following the issuance of this Treasury (c) For the purpose of export con­ Approved : trol, and in addition to the number of decision the rate “for ‘regular’ prod­ copies of Shipper’s Export Declarations Charles Sawyer, ucts”, the rate “for ‘non-regular’ prod­ required by this section, an additional Secretary of Commerce, y - ucts”, and the rate “for certain indus­ copy or additional copies of the Shipper’s [P. It. Doc. 48-7667; Filed, Aug. 26 1948; trial products” as certified by the Federal Export Declaration may be required by 8:46 a. m.] Reserve Bank, will be published in the regulations issued by the Office of Inter­ Treasury Decisions. ' Rates for dates national Trade of the Department of after June 22, 1948, and prior to the Commerce. TITLE 19— CUSTOMS DUTIES resumption of publication of the rates in the Treasury Decisions, will be pub­ 3. Paragraph (c) is added to § 30.38 Chapter I— Bureau of Customs, lished in a Customs Information Ex­ to read as follows: Department of the Treasury change circular in the near future. (c) For the purpose of export control, [T. D. 52010] Section 16.4 (c), Customs Regulations and in addition to the number of copies of 1943 (19 CFR, Cum. Supp., 16.4 (c)), of Shipper’s Export Declarations re­ P art 16—L iq u id a tio n o f D u t ie s as amended, is hereby further amended quired by this section, an additional copy CONVERSION OF CURRENCY; ARGENTINE PESO by adding the number and date of this or additional copies of the Shipper’s Treasury decision and the F ederal R eg­ Export Declaration may be required by Supplemental instructions for the con­ ister . citation thereof opposite “Argen-' regulations issued by the Office of In­ version of the Argentine peso for the tine pesos” in the list of foreign curren­ ternational Trade of the Department of purpose of the assessment of duty on cies for which instructions have been Commerce. merchandise imported into the United issued under section 522 (c) of the Tariff States—T. D. 51914 and § 16.4 (c), Cus­ Act of 1930 (31 U. S. C. 372 (C)). 4. Paragraph (b) is added to § 30.39 toms Regulations of 1943, amehded. to read as follows: Reference is made to T. D. 51914 (13 (R. S. 251, secs. 505, 624, 46 Stat. 732, F. R. 2618), approved May 6, 1948, con­ 759, sec. 522, 46 Stat. 739; 19 U. S. C. 66, (b) For the purpose of export control, 1505, 1624, 31 U. S. C. 372) and in addition to the number of copies taining instructions for the conversion of Shipper’s Export Declarations re­ of the Argentine peso for the purpose of No notice of the proposed issuance quired by this Section, an additional copy assessment of duty on merchandise im­ of this document has been published or additional copies of the Shipper’s Ex­ ported into the United States. in the F ederal R egister pursuant to port Declaration may be required by reg­ During the period commencing June Section 4 of the Administrative Proce­ ulations issued by the Office of Inter­ 23, 1948, the Federal Reserve Ba'nk of dure Act (5 U. S. C. 1003). The effect national Trade of the Department of New York has certified three rates for of the existing instructions (T. D. 51914) Commerce. the Argentine peso. The first rate, which is that, .in view of the certification of is understood to correspond to the rate multiple rates of exchange for the Ar­ 5. The paragraph of § 30.39 preceding previously designàted as “Official”, is in­ gentine peso, each of which rates is used paragraph (b) is redesignated para­ dicated as “for ‘regular’ products”; the under the Argentine laws and regula­ graph (a). second rate, which is understood to cor­ tions in payment for exports of certain 6. Paragraph (f) is added to § 30.42 respond to the rate formerly undesig­ types of merchandise exported from Ar­ as amended by Foreign Commerce Sta­ nated, is indicated as “for ‘non-regular’ gentina, that rate shall be used in the tistical Decisions 60 (May 28, 1947) and products”; and the third rate, which was conversion of the peso for the purposes 66 (June 2, 1948), to read as follows: not certified prior to June 23, 1948, is of appraisement and liquidation which (f) For the purpose of export control, indicated as “for certain industrial prod­ is legally and actually used uniformly and in addition to the number of copies ucts.” It is understood from information in the payment for the particular type of Shipper’s Export Declarations re­ received from the Federal Reserve Bank of merchandise involved. This docu­ quired by this section, an additional copy that the certification of the third rate is ment states such information as is avail­ or additional copies of the Shipper’s Ex­ a result of certain new exchange regula­ able regarding the third rate that is now port Declaration may be required by reg­ tions initiated by the Argentine Govern­ being certified as being used under the ulations issued by the Office of Interna­ ment on June 23, 1948, and said to be Argentine laws and regulations in the tional Trade of the Department of contained in the Banco Central’s circu­ payment for certain types of merchan­ Commerce. lar No. 989. Full information as to these dise, notes the changes in designations new regulations has not yet been ob­ of the other two rates, and makes minor 7. Paragraph (b) is added to § 30.43, tained, -and the Treasury Department amendments to provide for application as amended by Foreign Commerce Sta­ has no specific information as to the of the existing instructions to the new tistical Decision 60 (May 28, 1947), to types'or classes of merchandise in pay­ rate. For these reasons it is found that read as follows: ment for which the rate indicated “as for notice and public procedure thereon un­ (b) For the purpose of export control, certain industrial products” is used. der section 4 of the Administrative Pro­ and in addition to the number of copies In view of the foregoing, T. D. 51914 cedure Act are unnecessary. of Shipper’s Export Declarations re­ (13 F. R. 2618), is hereby amended as For the same reasons, and for the fur­ quired by this Section, an additional copy follows: ther reason that nothing herein requires or additional uopies of the Shipper’s Ex­ Paragraph numbered 2 is amended to any action by interested persons, the port Declaration may be requited by read as follows: delayed effective date requirements of regulations issued by the Office of Inter­ 2. Where appraisement is made in Ar­ section 4 (c) of the Administrative Pro­ national Trade of the Department of gentine currency the appraiser shall cedure Act are dispensed with, and this Commerce. designate in his report to the collector document shall become effective on the Friday, August 27, 1948 FEDERAL REGISTER 5001

date of its publication in the F ederal exclusively, all housing accommodations practices would cause them to become R e g is t e r . in that establishment are decontrolled, decontrolled by virtue of that provision. and this decontrol continues regardless 3. Partial decontrol. There is no F rank Dow, of any change in facts or rental practices partial decontrol in the case of motor Acting Commissioner of Customs. since June 30,1947. Likewise, if on June courts. If an establishment was a motor - Approved: August 18, 1948. 30, 1947, an establishment failed to meet court on June 30, 1947, all the housing the definition of a tourist home, or was accommodations in that-establishment J o h n S . G r a h a m , a tourist home which did not rent to are decontrolled, including trailers and Acting Secretary transient guests exclusively, then the trailer spaces which were attached to of the Treasury. housing accommodations in that estab­ and operated as part of the motor court. [F. R. Doc. 48-7687; Filed, Aug. 26, 1948; lishment are not decontrolled under the III. Trailers and ground space rented 8:48 a. m.] “tourist home” decontrol provision, and for trailers—1. Provision of regulations. no subsequent change in facts or rental Section 1 (b) (2) of the regulations pro­ practices would cause them to become vides for decontrol of housing accommo­ TITLE 24— HOUSING CREDIT decontrolled by virtue of that provision. dations located in trailers and ground - 3. Partial decontrol. There is no par­ space rented for trailers. Chapter VIII— Office of the Housing This decontrol provision first became Expediter tial decontrol in the case of tourist homes. In order for any of the housing effective on January 5, 1948, when it was P a r t 825—R e n t R e g u l a t io n s U n d e r t h e accommodations in a tourist home to be added by amendment of the regulations. H o u s in g a n d R e n t A c t o f 1 9 4 7 , as decontrolled, all the housing accommo­ The Housing and Rent Act of 1947 did A m e n d e d dations in the tourist home which were not provide for decontrol of trailers and available for rent on June 30,1947, must trailer spaces. However, the act as DECONTROL OF CERTAIN CLASSES OF HOUSING have been rented or offered for rent to amended April 1, 1948, changed section ACCO M MOD ATIONS transient guests on that date. For exam­ 202 (c) (2) of the act to provide for de­ The following is an interpretation of ple, if only one of all the rooms was control of any trailer or trailer space, those provisions of the Rent Regulations rented to a permanent guest on June 30, thus confirming the action previously and of the Housing and Rent Act of 1947, 1947, all the rooms in that tourist home taken by amendment of the regulations as amended, which provide for decontrol are controlled housing accommodations. on January 5, 1948. of the classes of housing accommoda­ This does not necessarily mean that 2. Trailers operated as part of motor tions listed below. The rent regulation there can be no decontrol where a tour­ court Even prior to January 5, 1948, provisions interpreted herein, are con­ ist home was operated in only part of an when trailers and trailer spaces as such tained in section 1 (b) (2) of the Con­ entire structure. For example, where were still under control, it had been held trolled Housing Rent Regulations, as there was a two-family house, of which by interpretation that trailers and trailer amended r§§ 825.1, 825.2, 825.3, 825.4) one dwelling unit was rented on a per­ spaces were decontrolled if they were at­ and of the Rent'Regulations for Con­ manent basis and the other was oper­ tached to and operated as part of a motor, trolled Rooms in Rooming Houses and ated as a tourist hôme, the latter unit court. Other Establishments, as amended comprised the tourist home. In such IV. Newly constructed housing accom­ (§§ 825.5, 825.6, 825.7). The provisions case, if all the accommodations in the modations completed on or after Febru­ of the Housing and Rent Act of 1947, tourist home unit which were available ary 1, 1947—1. Provision of regulations. as amended, which are interpreted for rent on June 30, 1947, were rented Section Mb) (2) of the regulations pro­ herein are sections 202 (c) (2), 202 (c) or offered for rent to transient guests vides for decontrol of housing accommo­ (3) and 202 #(c) (4). The classes of on that date, all such accommodations dations, the construction of which was housing accommodations covered by are decontrolled. completed on or after February 1, 1947. this interpretation ar| the following: 4. Exemption of daily rates under old This decontrol provision, however, does not apply to maximum rents established I. Tourist‘homes. hotel regulation. Section 4 (h) of the II. Motor courts. Rooming House Regulations continues under the Veterans Emergency Housing III. Trailers and ground space rented for in effect all exemptions of daily rates in Act of 1946 for priority constructed hous­ trailers. \ tourist homes which were established ing accommodations if, and only during IV. Newly constructed housing accommo­ under section 4 (k) of the “hotel regu­ such time as, they are being rented to dations completed on or after February 1* lation” issued pursuant to the Emer­ veterans of World War II or their imme­ 1947. gency Price Control Act- of 1942, as diate families who either: V. Additional housing accommodations a. Occupied such housing accommo­ created by conversion on or after February amended. 1, 1947. II, Motor courts—1. Provision of reg­ dations on June 30, 1947, or VI. Housing accommodations not rented ulations. Section K b) (2) of «he Regu­ b. Had a right on June 30, 1947, under for any successive 24-month period between lations provides for decontrol of housing a written or oral agreement, to occupy February 1, 1945, and March 30, 1948. accommodations in establishments which such housing accommodations at any VII. Newly constructed housing accommo­ were motor courts on June 30, 1947. A time on or after July 1, 1947. dations completed between February 1, 1945, decontrol provision on motor courts has Such a decontrol provision has been and January 31, 1947, and not rented u n til included in the Regulations since July 1, after June 30, 1947. been included in the regulations since VIII. Non-housekeeping furnished accom­ July 1, 1947, based upon section 202 (c) 1947, based upon section 202 (c) (3) of modations located in a single dwelling unit. (2) of the Housing and Rent Act of the Housing and Rent Act of 1947 which 1947 which became effective on that date. became effective on that date. The act 1. Tourist homes—1. Provision of reg­ The act as amended April i, 1948, made as amended April 1, 1948, made no ulations. Section 1

February 1, 1947, a question of fact is and renting to two separate tenants, de­ decontrol provision to cover housing ac­ presented as to whether new housing ac­ control does not result. commodations which were not rented commodations have been created by 5. Requirement that additional hous­ during any successive 24-month period construction (in which event they would ing accommodations result from the al­ between February 1,1945, and March 30, be decontrolled), or whether the previ­ terations or remodeling. Where there 1948, other than to members of the land­ ously existing housing accommodations has been a structural change involving lord’s immediate family. have merely been repaired or rehabili­ substantial alteration or remodeling, de­ 2. Removal of house to new location. tated (in which event they would not control occurs only if additional housing If housing accommodations were rented be decontrolled). Of course there may accommodations result from this work. during the two-year period, and were be cases in which some units in a struc­ This determination is made with respect physically moved to a new location after ture are newly constructed, while other to the dwelling unit or dwelling units expiration of the two-year period, they units in the same structure are merely which are necessarily involved in the are not decontrolled. The removal of a repaired or rehabilitated. In such cases, creation of ■ additional housing accom­ house to a new location does not change the newly constructed units are decon­ modations. the fact that the particular house had trolled, while the other units remain Examples: A vacant structure contains two been rented during the two-year period. under control. 6-room apartments, each containing a Of course, a new maximum rent should The mere fact that the damage was kitchen and a bathroom. Subsequent to be established under section 4 (c) of the so extensive as to render housing accom­ February 1, 1947, the landlord made struc­ regulations, by reason of the new loca­ modations uninhabitable, forcing tenants tural changes in one apartment involving tion,’which would be subject to reduc­ substantial alterations and remodeling. He tion on the basis of comparability. to vacate, does not necessarily establish oonverts the apartment into two apartments that the units, after completion of the 3. Rental of only part of house during by adding a kitchen and a bath to two of two-year period. Where only part of a repair or rehabilitation work, are eligible the rooms and separating this apartment for decontrol. from the remaining four rooms (including house was rented during the two-year V. Additional housing accommoda­ kitchen) and bath. The other 6-room apart­ period and the portion that was rented tions created by conversion on or after ment was not involved in the conversion. constituted less than a predominant part February 1,1947—1. Provision of regula­ The 4- and 8-room apartments are consid­ of the entire house (predominance being tions. Section 1 (b) (2) of the regula­ ered additional housing accommodations determined on a space basis), the por­ tions provides for decontrol of additional created by conversion and decontrolled,. tion .that was rented is not decontrolled. while th e 6-room apartment remains under However, if the entire house is subse­ housing accommodations created by con­ control. version on or after February 1, 1947. quently rented, as one unit, it is decon­ This decontrol provision, however, does 6. Basts for determining whether ad­ trolled and likewise the rental of any porr not apply to maximum rents for priority ditional housing accommodations have tion of the house which was not rented constructed housing under the conditions been created. In determining whether during the two-year period is also decon­ stated in IV, 1 above. additional housing accommodations trolled. ' Such a decontrol provision has been in­ have been created, the primary test is Where only a part of a house was cluded in the Regulations since July 1, not whether there are more tenants in rented during the two-year period, and 1947, based upon section 202 (c) (3) of occupancy than before the conversion, the portion that was rented constituted the Housing and Rent Act of 1947 which nor whether there is more floor space. the predominant part of the entire house, became effective on that date. The act The determination is made by comparing there is no decontrol of either the entire as amended April 1, 1948, made no the number of dwelling units before and house or of any portion that was rented change in this provision. after the conversion. For example: during the two-year period. 2. Definition of “Conversion”. The There was a 12-room vacant house 4. Rental of entire house or structure regulations provide that for purposes of which was structurally designed for sin­ as such during two-year period. Where,, this provision the “word “conversion” gle family occupancy, but which was oc­ during the two-year period, an entire means (l)a change in a structure from cupied by the owner and six roomers. house was rented to a tenant as a resi­ a non-housing to a housing use, or (2) a Subsequent to February 1, 1947, this dence, there is no decontrol either on a structural change in a residential unit or house was converted into four individ­ rental of the entire house or on a sepa­ units involving substantial alterations or ual apartments, each with its own rate renting of any portion of the house. remodeling and resulting in the creation kitchen and bath facilities. All four This is because the entire house, includ­ of additional housing accommodations. apartments are decontrolled. ing every portion thereof, was rented during the two-year period. 3. “Completion” of construction not an Note: In the cases cited in paragraphs 5 element in conversion cases. It should be and 6 above, the conversion took place when Where, during the two-year period, an noted that, whereas newly constructed the accommodation’s were vacant. Different apartment structure was rented as such housing accommodations are decon­ considerations are involved in cases where to a master tenant who occupied one of trolled if construction was “completed” the conversion takes place while a tenant the apartments himself and sublet the on or after February 1,1947, decontrol in remains in occupancy. Such exceptional other apartments to tenants, the apart­ cases require individual treatment and are ment occupied by the master tenant as the case of a conversion occurs only if not discussed in this interpretation. additional housing accommodations were well as the other apartments, are not de­ created by the conversion on or afterthat VI. Housing accommodations not controlled. This is because the apart­ date. There is a substantial difference rented for any successive twenty-four ment occupied by the master tenant was between these two concepts. For ex­ month period between February 1, 1945, rented during ±he two-year period as ample, where the conversion resulted in and March 30, 1948—1. Provision of reg­ part of the underlying lease of the en­ additional housing accommodations ulations. Section 1 (b) (2) (iii) of the tire structure. The other apartments; of which Were occupied prior to February 1, regulations provides for4 decontrol* of course, were rented both as part of the 1947, they would not be decontrolled even housing accommodations which were underlying lease and separately by the though additional work was done on or not rented as such for any successive master tenant. after that date. The test is not whether 24-month period between February 1, 5. Occupahcy by landlord as condition the additional housing accommodations 1945, and March 30,1948 (both dates in­ for decontrol. Under, the Housing and were “completed” prior to February 1, clusive), other than to members of the Rent Act of 1947 and the regulations in 1947, but whether they were created prior landlord’s immediate family. > effect prior to April 1, 1948, where en­ to that date. The Housing and Rent Act of 1947, ef­ tire housing accommodations were 4. Requirement of structural change fective July 1, 1947, contained a decon­ rented during the two-year period to involving substantial work. In order for trol provision which was the same as members of the landlord’s immediate decontrol to occur by reason of conver­ the present one, except that it covered family, there was ho decontrol. This is sion of previously existing housing ac­ only housing accommodations which because the landlord was not an “oc­ commodations, there must be a struc­ were not rented at any time between cupant” of the housing accommodations tural change involving substantial alter­ February 1, 1945, and January 31, 1947, in question, and the 1947 act and regu­ ations or remodeling. For example, if other than to members of the immediate lations provided for decontrol in such a single family residence is divided into family of the occupant. The act as cases only if the renting was to mem­ two units merely by a locking of doors amended to April 1, 1948, extended this bers of the immediate family of the “oc- Friday, August 27, 1948 FEDERAL REGISTER 5003

cupant.” This does not apply on and were exempt during the two-year pe­ single dwelling unit. All the following after April 1, 1948, because the act and riod, they were rented during that pe­ conditions must exist in order for such regulations as amended April 1, 1948, riod to a person who was not a member accommodations to be decontrolled: provide for decontrol in such cases if of the landlord’s immediate family. a. The accommodations in question the housing accommodations were Another example of the same princi­ must be non-housekeeping furnished ac­ rented to members of the immediate ple is the following: A college dormitory commodations. fainily of the “landlord.” Occupancy by was occupied by students during the two- b. They must be located in a single the landlord of part of the housing ac­ year period under circumstances which dwelling unit which is not used as a commodations is no longer required as a made rooms exempt from rent control. rooming house or boarding house. condition of decontrol. After the two-year period, the college c. There must be no fenore than two 6. Occupancy "by tenants in common proposes to rent the rooms in the struc­ paying tenants in the dwelling unit other during two-year period. In any case ture to professors or other persons on an than members of the landlord’s immedi­ where during the two-year period hous­ ordinary landlord-tenant basis. Such a ate family. ing accommodations were owned by two renting would be subject to rent control d. The remaining portion of the dwell-' or more individuals as tenants in com­ because, although the rooms in the ing unit (i. e./ the portion not occupied mon, and were occupied during that dormitory were exempt during the two- by paying tenants who are not members period by one or more of those individ­ year period, they were in fact rented to of the landlord’s immediate family) must uals by virtue of their status as tenants persons other than members of the land­ be occupied by the landlord or his im­ in common, the housing accommodations lord’s immediate family. mediate family. 1 are decontrolled. In other words, the VII. - New housing accommodations This decontrol provision became effec­ relationship between tenants in com­ completed between February 1,1945, and tive April 1,1948, based on a new provi­ mon is not a landlord-tenant relation­ January 31, 1947, and not rented until sion in the Housing and Rent Act of 1947, ship, so that in such cases the housing after June 30, 1947—1. Provision of reg­ as amended, effective April 1,1948. accommodations have not been “rented”. ulations. Section 1 (b) (2) of the regu­ 2. Meaning of “non-housekeeping” ac­ 7. Occupancy by seller as part of pur­ lations provides for the decontrol of commodations. A non-housekeeping chase contract during two-year period. housing accommodations, construction room or unit is one which does not con­ Where a purchaser of housing accommo­ of which was completed between Febru­ tain cooking and other house-keeping dations, as part of a purchase contract, ary 1, 1945, and January 31, 1947 (both facilities. For example, where a room permits the seller to remain in possession dates inclusive), and which were not does not contain any cooking facilities, for a limited period of time, this con­ rented at any time as housing accommo­ the mere fact that the tenant of the room stitutes a “renting.” Where, however, dations from the date of completion un­ has the privilege of using the kitchen in the local courts have ruled that this type til after June 30, 1947, other than to the house does not destroy the “non­ of occupancy does not involve a land­ members of the landlord’s immediate housekeeping” status of the room. Like­ lord-tenant relationship, and the parties family. This is based on a new provision wise, the fact that the tenant of such a acted in reliance upon the decision of in section 202 (c) (3) of the Housing and room is given the privilege of sharing the court, the question of decontrol of Rent Act, as amended in 1948, and thére- other parts of the house, such as living- the particular housing accommodations fore became effective on April 1, 1948. room, dining-room, etc., does not destroy is left for decision by the local courts. The Housing and Rent Act of 1947 the status of the room as a “non-house­ 8. Occupancy during two-year period which became effective July 1, 1947, had keeping” accommodation. Such a situa­ by sole stockholder of corporation. provided for the decontrol of housing ac­ tion is to be distinguished from the case Where during the two-year period there commodations which were not rented as where the tenant rents an entire house was occupancy by the sole stockholder housing accommodations at any time with the exception of a room which was of a corporation which was the owner of between February 1, 1945, and January reserved by the landlord for his own oc­ the house, a question is presented as to 31, 1947, other than to members of the cupancy. In such a case there would whether there was a landlord-tenant re­ occupant’s immediate family. This pro­ be no decontrol. lationship between the corporation and vision did not result in the decontrol of 3. Requirement that there be no more the sole stockholder. Ordinarily, since housing accommodations which first than two paying tenants in the dwelling a corporation is a legal entity sepa­ came into existence by reason of new unit. A master tenant rented three rate from its stockholders, occupancy construction after February 1,1945, even rooms in a house and then sublet each by the sole stockholder would be on the though the housing accommodations room to two sub-tenants who became ac­ basis of a landlord-tenant relationship, were not rented at any time between the tual occupants. The six sub-tenants paid so that the housing accommodations date of completion and January 31,1947. their rent to the master tenant, and the would not be decontrolled. The act as amended April 1, 1948, pro­ master tenant was the only person who 9. Housing accommodations which vides specifically for the decontrol of paid rent to the landlord. In such a case were exempt from rent control during housing accommodations, construction there are more than two paying tenants two-year period. Where during the two- of which was completed during this two- in the dwelling unit, so that none of the year period housing accommodations year period, if they were not reiited as rooms are decontrolled. were rented under circumstances which housing accommodations at any time Issued this 25th day of August 1948. caused the renting to be exempt from the between the date of completion and June rent regulations, the mere fact that such 30, 1947, other than to members of the E d D u p r e e , an exemption existed does not result in landlord’s immediate family. Général Counsel. decontrol. For example, where housing 2. Definition of when construction is [F. R. Doc. 48-7721; Piled, Aug. 20, 1948; accommodations were occupied during “completed”. For purposes of this pro­ 1:56 p. m.] the two-year period by a janitor as part vision, the definition of when construc­ of the compensation he received for his tion of housing accommodations has services as janitor, the housing accom­ been completed is the same as set forth TITLE 31— MONEY AND modations, so long as this situation ex­ under “IV, 2” above. FINANCE: TREASURY isted, were exempt from the rent regu­ 3. Other interpretations., The inter­ lations. If, however, after expiration pretations as to when there has been a Chapter II— Fiscal Service, Depart­ of the two-year period, the housing ac­ “renting” of housing accommodations ment of the Treasury commodations are no longer occupied by and the effect of such renting, which are a janitor under such an arrangement, given under “VI” above, are equally ap­ Subchapter B— Bureau of the Public Debt but are rented to a tenant under an ordi­ plicable to cases under this heading {1948 Dept. Circ. 833] nary rental agreement, the exemption “Vn.” VIII. Non-housekeeping furnished ac­ P a r t 3 2 7 — O f f e r in g an d S p e c ia l R e g u ­ ceases to apply, and the question arises commodations located in a single, dwell­ l a t io n s G o v e r n in g T r e a s u r y S a v in g s whether they are decontrolled on the ing unit—1. Provision of regulations. N o t e s , S e r ie s D basis that they had not been “rented” Section 1 (b), (2) of the regulations pro­ A u g u s t 17, 1948. during the two-year period. Such hous­ vides for decontrol under certain con­ 8TTBPABT A— OFFERING OF NOTES ing accommodations are not decontrolled ditions of non-housekeeping furnished Sec. on that basis because, even though they accommodations which are located in a 827.1 Offering of Notes. 5004 RULES AND REGULATIONS

SUBPART B— DESCRIPTION OP NOTES year shall constitute a separate series but notes in the name of a partnership Sec. indicated by the letter “D” followed by are not acceptable in payment of taxes, 327.2 General. the year of maturity. At the time of is­ since a partnership is not a taxpaying 327.3 Acceptance for taxes or cash redemp­ sue the authorized issuing agent will in­ entity under the Internal Revenue Code. tion. scribe on the face of each note the name The notes will not be inscribed in the 327.4 Interest. names of two or more persons as joint 327.5 Forms of inscription. and address of the owner, will enter the 327.6 N ontransferability. date as of which the note is issued and owners or coowners; or in the name of a 327.7 Taxation. will imprint his dating stamp (with cur­ public officer, whether or not named as rent date). The notes will be issued in trustee, where the notes would in effect SUBPART C— PURCHASE OF NOTES denominations of $100, $500, $1,000, be held as security. 327.8 Official agencies. *.$5,000, $10,000, $100,000, $500,000 and 327.9 Applications and payment. § 327.6 Nontransferability. The notes $1,000,000. Exchange of authorized de­ may not be transferred in ordinary 327.10 Reservations. nominations from higher to lower, but 327.11 Delivery of notes. course; except that (a) if inscribed in not from lower to higher, may be ar­ the name of a married man they may be SUBPART D— PRESENTATION IN PAYMENT OP ranged at the office of the agent that is­ TAXES reissued in the name of his wife, or if sued the note. inscribed in the name of a married 327.12 Presentation in paym ent of taxes. § 327.3 Acceptance for taxes or cash woman they may be reissued in the name SUBPART E— CASH REDEMPTION AT OR PRIOR TO redemption. If inscribed in the name of of her husband, upon request of the per­ MATURITY an individual, corporation, or other entity son in whose name the notes are in­ .327.13 General. paying income, estate or gift taxes im­ scribed and the surrender of the notes 327.14 Execution of request for payment. posed under the Internal Revenue Code, to the agent that issued them; (b) if 327.15 Officers authorized to witness and or laws amendatory or'Supplementary inscribed in the name of a corporation certify requests for payment. thereto, the notes will be receivable, sub­ owning more than 50 percent of the 327.16 Presentation and surrender. ject to the provisions of Subpart D, at stock, with voting power, of another cor­ 327.17 Partial redem ption. par and accrued interest, in payment of poration, the notes may be reissued in 327.18 Paym ent. such income, estate or gift taxes assessed the name of the subsidiary upon request SUBPART P— PAYMENT OR REISSUE TO OTHER against the owner or his estate. If not of the corporation and surrender o f the THAN INSCRIBED OWNER presented in payment of taxes, or if not notes to the agent that issued them; (c) 327.19 D eath or disability. inscribed in the name of a taxpayer liable upon the death or disability of an in­ 327.20 Dissolution or merger of corpora­ to the above-described taxes, and subject dividual inscribed owner or the dissolu­ tions, etc. to the provisions of Subpart E, the notes tion, consolidation or merger of a cor­ 327.21 Bankruptcy. will be payable at maturity, or at the poration or unincorporated association 327.22 Creditors’ rights. owner’s option and request they will be named as owner, reissue or payment may 327.23 Instructions and inform ation. redeemable before maturity at par and be made in accordance with Subpart F; SUBPART G----GENERAL PROVISIONS accrued interest. and (d) payment but not reissue, may be made as a result of legal proceedings 327.24 Regulations. § 327.4 Interest. Interest on each 327.25 Loss, th eft or destruction. as set forth in said Subpart F. The notes 327.26 Fiscal agents. $1,000 principal amount of Savings Notes, may not be hypothecated and no at­ 327.27 Amendments. Series D, will accrue each month from tempted hypothecation or pledge as se­ the month of issue, on a graduated scale, curity will be recognized by the Treasury A u t h o r it y : §§ 327.1 to 327.27, inclusive, as follows: issued under 40 Stat. 288, as amended; 31 Each Department: Provided, however, That U. S. C. 752. m onth the notes may be pledged as collateral for loans from banking institutions and SUBPART A— OFFERING OF NOTES First to Sixth months, inclusive------$0. 80 Seventh to Twelfth months, inclusive. 1.00 if title thereto is acquired by a bank be­ § 327.1 Offering of notes. The Secre­ Thirteenth to Eighteenth months, in­ cause of the failure of a loan to be paid, tary of the Treasury, pursuant to the clusive______1- 20 the notes will be redeemed at par and authority of the Second Liberty Bond Nineteenth to Twenty-fourth months, accrued interest to the month in which Act, as amended, offers for sale to the inclusive------1- 30 acquired on surrender to the agent who people of the United States, at par, an Twenty-fifth to Thirty-sixth months, issued them, accompanied by proof of issue of notes of the United States, desig­ inclusive------t, 40 the date of acquisition and by request nated Treasury Savings Notes, Series D, The table appended to the regulations of the pledgee under power of attorney which notes, if inscribed in the name of in this part shows for notes of each given by the pledgor in whose name the a Federal taxpayer, will be receivable as denomination, for each consecutive cal­ notes are inscribed. The notes will not hereinafter provided at par and accrued endar month from month of issue to be transferred to a pledgee. The notes interest in payment of income, estate month of maturity, (a) the amount of will not be acceptable to secure deposits and gift taxes imposed by the Internal interest accrual, (b) the principal of public moneys. Revenue Code, or laws amendatory or amount of the note with accrued inter­ § 327.7 Taxation. Income derived est (cumulative) added, and (c) the from the notes shall be subject to all supplementary thereto. approximate investment yields. In no The sale of Treasury Savings Notes, taxes imposed under the Internal Rev­ case shall interest accrue beyond the enue Code or laws amendatory or sup­ Series C, issued under Department Cir­ month in which the note is presented in cular No, 696, First Revision, dated No­ plementary thereto. The notes shall be payment'of taxes, or for redemption be­ subject to estate, inheritance, gift or vember 20, 1943, is hereby terminated fore maturity as provided in Subpart E, at the close of business August 31, 1948. other excise taxes, whether Federal or or beyond its maturity. Interest will be State, but shall be exempt from all taxa­ The sale of Notes of Series D offered paid only with the principal amount. tion now or hereafter imposed on the by the regulations in this part will con­ § 327.5 Forms, of inscription. Treas­ principal or interest thereof by any State, tinue until terminated by the Secretary ury Savings Notes, Series D, may be in­ or any of the possessions of the United of the ^Treasury. scribed in the name o£ an individual, States, or by any local taxing authority. SUBPART B— DESCRIPTION OF NOTES corporation, unincorporated association SUBPART C— PURCHASE OF NOTES or society, or a fiduciary (including trus­ § 327.2 General. Treasury Savings tees under a duly established trust where § 327.8 Official agencies. In addition Notes, Series D, will in each instance be the notes would not be held as security to the Treasury Department, the Federal dated as of the first day of the month for the performance of a duty or obliga­ Reserve Banks and their Branches are in which payment, at par, is received tion) , whether or not the inscribed owner hereby designated agencies for the issue and credited by an agent authorized to is subject to taxation under the Internal and redemption of Treasury Savings Issue the notes. They will mature three Revenue Code, or laws amendatory or Notes, Series D. The Secretary of the years from that date, and may not be supplementary thereto. They may also Treasury, from time to time, in his dis­ called by the Secretary of the Treasury be inscribed in the name of a town, city, cretion, may designate other agencies for redemption before maturity. All county or State or other governmental for the issue of the notes, or for accept­ notes issued during any one calendar body and in the name of a partnership; ing applications therefor, or for making Friday, August 27, 1948 FEDERAL REGISTER 5005 payments on account of the redemption payment of any income (current and by registered mail, if not presented in thereof. back personal and corporation taxes, person. § 327.9 Applications and payment. and excess-profits taxes), or.any estate § 327.17 Partial redemption. Partial Applications will be received by the Fed­ or gift taxes (current and back) imposed cash redemption of a note, corresponding eral Reserve Banks and Branches, and by the Internal Revenue Code, or laws to an authorized denomination, may be by the Treasurer of the United States, amendatory or supplementary thereto, made in the same manner as for full Washington, D. C. Banking institutions assessed against the inscribed owner or cash redemption, appropriate changes and security dealers generally may his estate. The notes must be forwarded being made in the request for payment. submit applications for account of cus­ to'the Collector at the risk and expense In case of partial redemption of a note, tomers, but only the Federal Reserve of the owner, and, for the owner’s pro­ the remainder will be reissued in the Banks and their Branches and the tection, should be forwarded by regis­ same name and with the same date of Treasury Department are authorized to tered mail, if not presented in person. issue as the note surrendered. act as official agencies. The use of an SUBPART E— CASH REDEMPTION AT OR PRIOR § 327.18 Payment. Payment of any official application form is desirable but TO MATURITY note, either at maturity or on redemption not necessary. Appropriate forms may § 327.13 General, (a) Any Treasury before maturity, will be made by any be obtained on application to any Fed­ Savings Note of Series D not presented Federal Reserve Bank or Branch or the eral Reserve Bank or Branch, or the in payment of taxes, will be paid at ma­ Treasury Department, following clear­ Treasurer of the United States, Wash­ turity, or, at the option and request of ance with the agent of issue, which will ington, D. C. Every application must the owner and without advance notice, be obtained by the agent to which the be accompanied by payment in full, at will be redeemed before maturity, but note is surrendered. Payment will be par. Any form of exchange, including the notes may be redeemed before ma­ made by check drawn to the order of personal checks, will be accepted subject turity only during and after the fourth the owner, and mailed to the address to collection, and should be drawn to the calendar month after the month of issue given in his request for payment. order of the Federal Reserve Bank or (as shown on the face of each note). of the Treasurer of the United States, SUBPART F— PAYMENT OR REISSUE TO OTHER (b) Payment at maturity 'or on re­ THAN INSCRIBED OWNER as payee, as the case may be. The date demption before maturity \vill be made funds are made available on collection at par and accrued interest to the month § 327.19 Death or disability. In case of exchange will govern the issue date of payment, except, if a note is inscribed of the death or disability of an individual of the notes. Any depositary, qualified in the name of a bank that accepts de­ owner and the notes are not to be pre­ pursuant to the provisions of Treasury mand deposits, payment at maturity or sented in payment of taxes, payment Department Circular No. 92, Revised, as on redemption before maturity will be will be made to the duly constituted‘rep­ amended, will be permitted to make pay­ made only at the issue price, or par, of resentative of his estate, or they may be ment by credit for notes applied for on the note. However, if a note is acquired reissued to one or more of his heirs or behalf of itself cr its customers up to any by any such bank through forfeiture of legatees upon satisfactory proof of their amount for which it shall be qualified in a loan, payment will be made at the right; but no reissue will be made in two excess of existing deposits. redemption value for the month in which names jointly or as coowners. § 327.10 Reservations. The Secre­ so acquired. § 327.20 Dissolution or merger of cor­ tary of the Treasury reserves the right § 327.14 Execution of request for pay­ porations, etc. If a corporation or un­ to reject any application in whole or in ment. The owner in whose name the incorporated body, in whose name notes part, and to refuse to issue or permit to note is inscribed must appear before one are inscribed, is dissolved, consolidated, be issued hereunder any notes in any of the officers authorized by the Secre­ merged or otherwise changes its organ­ case or in any class or classes of cases if tary of the Treasury to witness and cer­ ization, the notes may be paid to, or re­ he deems such action to be in the public tify requests for payment, establish his issued in the name of those persons or interest, and his action in any sueh re­ identity, and in the presence of such organizations lawfully entitled to the as­ spect shall be final. If an application is officer sign the request for payment ap­ sets of such corporation or body by rea­ rejected, in whole or in part, any pay­ pearing on the back of the note, adding son of such changes in organization. ment received therefor will be refunded. the address to which check is to be § 327.21 Bankruptcy. If an inscribed § 327.11 Delivery of notes. Upon ac­ mailed. After the request for payment owner of notes is declared bankrupt or ceptance of full-paid applications, notes has been so signed, the witnessing officer insolvent, payment, but not reissue, will will be duly inscribed and, unless deliv­ should complete and sign the certificate be made to the duly qualified trustee, ered in person, will be delivered, at the provided for his use. receiver or similar representative if the risk and expense of the United States at § 327.15 Officers authorized to witness notes are submitted with satisfactory the address given by the purchaser, by and certify requests for payment. All proof of his appointment and qualifica­ mail, but only within the United States, officers authorized to witness and cer­ tion. its territories and insular possessions tify requests for payment of United § 327.22 Creditors' rights. Payment, and the Canal Zone. No deliveries else­ States Savings Bonds, as set forth in where will be made. but not reissue, will be made as a result Treasury Department Circular No. 530, of judicial proceedings in a court of com­ STJBPART D— PRESENTATION IN PAYMENT OP Sixth Revision, as amended, are hereby petent jurisdiction, if the notes are sub­ TAXES authorized to witness and certify re­ mitted with proper proof of such pro­ quests for cash redemption of Treasury ceedings and their finality. § 327.12 Presentation in payment of notes issued under this circular. Such taxes. During and after the second cal­ § 327.23 Instructions and informa­ endar month after the month of pur­ officers include, among others, United States postmasters, certain other post tion. Before executing the request for chase (as shown by the issue date on payment or submitting the notes under office officials, officers of all banks and each note), during such time, and under the provisions of this section, instruc­ such rules and regulations as the Com­ trust companies incorporated in the United States or its organized territories, tions should be obtained from a Federal missioner of Internal Revenue, with the Reserve Bank or Branch or from the including officers at branches thereof, approval of the Secretary of the Treas­ Treasury Department, Division of Loans ury, shall prescribe, notes issued hereun­ and commissioned officers of the Army, and Currency, Washington 25, D. C. der in the name of a taxpayer (individ­ Navy, Marine Corps and Coast Guard. ual, corporation, or other entity) may SUBPART G— GENERAL PROVISIONS be presented and surrendered by such § 327.16 Presentation and surrender. taxpayer, his agent, or his estate, to Notes bearing properly executed requests § 327.24 Regulations. Except as pro­ the Collector of Internal Revenue to for payment must be presented and sur­ vided in this circular, the notes issued whom the tax return is made, and will rendered to any Federal Reserve Bank hereunder will be subject to the general be receivable by the Collector at par and or Branch or to the Treasury Depart­ regulations of the Treasury Department, accrued interest from the month of issue ment, Washington, D. C., at the expense now or hereafter prescribed, governing to the month, inclusive (but no accrual and risk of the owner. For the owner’s bonds and notes of the United States; beyond maturity), in which presented, in protection, notes should be forwarded the regulations currently in force are No. 168------3 5006 RULES AND REGULATIONS contained in Department Circular No. may be appropriate and necessary un­ notes, information as to which will 300, as amended. der the provisions of this circular and promptly be furnished to the Federal 'under any instructions given by the Sec­ Reserve Banks. § 327.25 Loss, theft, or destruction. retary of the Treasury, and they may In case of the loss, theft or destruction Compliance with the notice, public- issue interim receipts pending delivery procedure, and effective date require­ of a savings note immediate notice of the definitive notes. (which should include a full description ments of the Administrative Procedure of the note) should be given the agency § 327.27 Amendments. The Secre­ Act (Pub. Law 404, 79th Cong.; 60 Stat. which issued the note and instructions tary of the Treasury may at any time or 237) is found to be impracticable with should be requested as to the procedure from time to time supplement or amend respect to this circular. This is a mat­ necessary to secure a duplicate. the terms of this circular, or of any ter of fiscal policy and it was deemed amendments or supplements thereto, inadvisable to make determination with § 327.26 Fiscal agents. Federal Re­ respect thereto at an earlier date. serve Banks and their Branches, as fiscai and may at any time or from time to agents of the United States, are author­ time prescribe amendatory rules and [ seal] J ohn W. S nyder, ized to perform such services or acts as regulations governing the offering of the Secretary of the Treasury. Treasury Savings Notes, Series D—Table of T ax-Payment or R edemption Values and Investment Yields ThP table below shows for each month from date of issue to date of maturity the amount of interest accrual; the principal amount with accrued interest added, for notes of each d e n o m t a a t l X t h ^ t h e par amount from issue* date to the beginning of each month following the month of issue; and the approximate i____ *____ .. ..¡„1,1 ™ f .oHnmntinn Trciinp frnm the heeii-min? of the month indicated to the month of maturity.

Approximate Par value (issue price during month of $500.00 $1,000.00 $5,000.00 $10,000 $100,000 $500,000 $1,000,000 Approximate investment $100.00 investment yield on cur­ yield on par rent tax- amount from payment or issue date to redemption beginning of .'values from Amount of interest accrual each month after Tax-payment or redemption values during each monthly period after month of issue1 each monthly beginning of month of issue per iod there­ each monthly after period to maturity

Percent Percent Interest accrues at rate of $0.80 per month per a 1.40 $1,000 par amount: $100.08 $500.40 $1,000.80 $5,004.00 $10,008 $100,080 $500,400 $1,000,800 0.96 1.41 100.16 500.80 1,001.60 5,008.00 10,016 100,160 500,800 1,001,600 .96 1.42 100.24 501.20 1,002.40 5,012.00 10,024 100,240 501,200 1,002,400 1.44 100.32 501.60 1,003.20 5,016.00 10,032 100,320 501,600 1,003,200 .96 1.45 100,40 502.00 1,004.00 5,020.00 10,040 100,400 502,000 1,004,000 .98 1.47 100.48 502.40 1,004.80 5,024.00 10,048 100,480 502, 400 1,004,800 1.48 Interest accrues at rate of $1 per month per $1,000 par amount: 100. 58 502.90 1,005.80 5,029.00 10,058 100,580 502.900 1.005.800 .99 1.49 100.68 503.40 1,006.80 5,034.00 10,068 100,680 503,400 1.006.800 1.02 1.50 100.78 503.90 1,007.80 5,039.00 10.078 100, 780 503.900 1.007.800 1.04 1.51 100.88 504.40 1,008.80 5,044.00 10,088 100,880 504,400 1,008,8 oa 1.05 1.53 100.98 504.90 1,009.80 5,049.00 10,098 100,980 504,900 1.009.800 1.07 1.54 101.08 505.40 1,010.80 6,054. 00 10,108 101,080 505,400 1.010.800 1.08 1.55 Interest accrues at rate of $1,20 per month per $1,000 par amount: 101.20 506.00 1,012.00 5,060.00 10,120 101,200 506,000 1,012,000 1.10 1.56 101.32 506.60 1,013.20 5,066.00 10,132 101,320 506,600 1,013,200 1.11 1.57 101.44 507.20 1,014.40 5,072.00 10,144 101,440 507,200 1,614,400 1.15 1.57 101. 56 5 0 7 . 8 a 1,015.60 5,078.00. 10,156 101,560 507,800 1,015,600 1.16 1.58 101.68 508.40 1,016.80 5,084.00 10,168 101,680 608,400 1,016,800 1.18 1.59 101.80 509.00 1,018.00 5,090.00 10,180 101,800 509,000 1,018,000 1.19 1.60 Interest accrues at rate of $1.30 per month per $1,000 par amount: 101. 93 509.65 1,019.30 5,096. 50 10,193 101,930 509,650 1,019,300 1.21 1.60 102.06 510.30 1,020.60 5,103.00 10,206 102,060 510,300 1,020,600 1.23 L61 102.19 510. 95 1,021.90 5,109.50 10,219 102,190 510,950 1,021,900 1.24 1.61 102.32 511.60 1,023.20 5,116.00 10,232 102,320 511,600 1,023,200 1.26 1.62 102.45 512.25 1,024.50 6,122. 50 10,245 102,450 512,250 1,024, 500 1.27 1.62 102.58 512.90 1,025.80 5,129.00 10,258 102, 580 ■ 512, 900 1,025,800 1.28 1.63 Interest accrues at rate of $1.40 per month per $1,000 par amount: 102. 72 513.60 1,027.20 5,136.00 10,272 102,720 513,600 1,027,200 1.29 1.63 102.86 514.30 1,028.60 5,143.00 10,286 102,860 514,300 1,028,600 1.31 1.63 103.00 515.00 1,030.00 5,150.00 10,300 103,000 515,000 1,030,006 1.32 1.63 103.14 515. 70 1,031.40 5,157.00 10,314 103,140 515,700 1.031.400 1.33 1.63 103.28 516.40 1,032.80 5,164.00 10,328 103,280 516,400 1,032,800' 1.34 1.63 103.42 517.10 1,034.20 5,171.00 10,342 103,420 517,100 1.034.200 1.35 1.62 103.56 517.80 1,035.60 5,178.00 10,356 103,560 517,800 1,035,600 1.36 1.62 103.70 518. 50 1,037.00 5,185.00 10,370 103.700 518, 500 1,037,000 1.37 1.62 103.84 519.2Û 1,038.40 5,192.00 10,384 103,840 519,200 1.038.400 1.38 1.62 519. 90 1,039.80 5,199.00 10,398 103, 980 519,900 1,039,800 1.38 1.62 103. 98 1.041.200 1.39 1.62 Thirty-fifth month...... -...... 104.12 520.60 1,041.20 5,206.00 10,412 104,120 520,600 104.26 521.30 1,042.60 5,213.00 10,426 104,260 521) SCO 1; 042,6C0 1.40

1 Not acceptable in payment of taxes until during and after the second calendar month after the month of issue, and not redeemable for cash until during and after the fourth calendar month after the month of issue. ' _ ^ 2 Approximate investment yield for entire period from issuance to maturity. [F. R. Doc. 48-7688; Filed, Aug. 26, 1948; 9:02 a. m.]

redesignated, the structure of the title Chapter III—Joint Chiefs of Staff—(Parts TITLE 34— NATIONAL MILITARY 300-399). and the assignment of subtitles, chap­ Chapter IV-—Joint Regulations of the ESTABLISHMENT ters, and parts therein, is set forth in Armed Forces—(Parts 400-499). R edesignation of T itle and Assignment the following outline: Chapter V—Department of the Army— of S ubtitles, Chapters and P arts (Parts 500-699). Subtitle A—Secretary of Defense—(Parts ^ Chapter VI—Department of the Navy— E ditorial N o te: In order to group un­ 1-99). (Parts 700-799). der a single title the rules and regula­ Subtitle B—Regulations of the National Chapter VII—Department of the Air tions issued by the Secretary of Defense Military Establishment. Force—(Parts 800 and up). and those issued by all components of Chapter I—Munitions Board—(Parts 100- the National Military Establishment, 199). Partial amendments to material for­ Title 34—Navy is redesignated Title 3 4 - Chapter II—Research and Development merly codified under Title 34—Navy will National Military Establishment. As so Board—(Parts 200-299). continue to be published under the old Friday y August 27, 1948 FEDERAL REGISTER 5007 numbers until such material has been amination, if required, and tender of pre­ 4. The matter presently appearing as renumbered and republished under mium shall constitute the contract; Pro­ paragraph (f) is deleted, and the fol­ Chapter VI—Department of the Navy, in vided, That any such policy that has lowing substituted therefor: Title 34 as hereby redesignated. been or is hereafter issued or reinstated (f) The second copy of each com­ under any provision of the National Serv­ pleted declaration should be held at the ice Life Insurance Act, as amended, office of mailing pending instructions. which provides for premiums being cred­ Chapter VII— Department of the Air ited to other than the National Service (R. S. 161, 396, 398, secs. 304, 309, 42 Stat. 24, 25, 48 Stat. 943; 5 U. S. C. 22, 369, 372) Force Life Insurance Fund shall not partici­ pate in any gains or savings of such [seal] J. M. D onaldson, E ditorial N o t e : The Department of fund. Postmaster General. the Air Force has under preparation ma­ 1. VA Form 9-1660: Five Year Level Pre­ terials relating to its organization, pro­ [F. R. Doc. 48-7671; Filed, Aug. 26, 1948; mium Term Policy. 8:46 a. m.] cedures and regulations required to be 2. VA Form 9-1661: Ordinary Life Policy. published under the Administrative Pro­ 3. VA Form 9-1662: Twenty Payment Life cedure Act (60 Stat. 237; 5 U. S. C. 1001 Policy. et seq.) and the Federal Register Act 4. VA Form 9-1663: T hirty Paym ent Life (49 Stat. 500; 44 U. S. C. 301 et seq.) Policy. - P art 127—I nternational P ostal S erv ice: whiçh will appear under this title and 5. VA Form 9-1664: Twenty Year Endow­ P ostage R ates, S ervice A vailable, and ment Policy. I nstructions for M ailing elsewhere in the F ederal R egister in ac­ 6. VA Form 9-1665: Endowment Policy. cordance with the Federal Register Regu­ ETHIOPIA: PARCEL POST lations (11 F. R. 9333; 1 CFR Part 2). (Secs. 601-618, £4 Stat. 1008-1014, secs. Pending publication of such materials, 1-16, 60 Stat. 781-789; 38 U. S. C. 512d, In § 127.247 Ethiopia, of Subpart D interested persons are referred for in­ 801-818) (13 F. R. 971), make the following change: formation concerning the Department [seal] O. W. Clark, of the Air Force to Transfer Orders of In paragraph (b) (1), Table of rates, Executive Assistant Administrator substitute the following for the table of the Secretary of Defense, published from of Veterans Affairs. time to time heretofore under Chapter rates therein contained, the footnotes to I of Title 32 and to Joint Procurement [F. R. Doc. 48-7689: Filed, Aug. 26, 1948; remain as at present: Regulations, previously published under 9:01 a. m.] [Rates include transit charges] Chapter VIII of Title 10. For general Pounds: Bate Pounds : Rate guidance concerning Air Force regula­ TITLE 39— POSTAL SERVICE 1______$0.42 12______$2.73 tions and procedures, reference is made 2______.56 13______2.87 to materials which have been published Chapter I— Post Office Department 3 ______— .88 14______3.01 heretofore by the Department of the 4______1.02 1 5 ______3.15 Army under Title 10. Such materials Subchapter B— Regulations 5______— 1.16 16______3.29 6______1 .30 17______— 3.43 are founded on Army Regulations which, P art 127—I nternational P ostal S ervice: 7______1.44 18______3.57 in the majority of instances, have been P ostage R ates, S ervice Available, and 8______1 .77 19_____ — 3.71 adopted by the Department of the Air I nstructions for M ailing 9______- 1.91 20______3.85 Force insofar as applicable to functions, 10______2.05 21______3.99 powers and duties of the Department of EXPORT DECLARATIONS 11...... ___ 2.19 22______4.13 the Air Force, pending adoption of its In § 127.C J Export declarations, of Sub­ 42 S ta t. own regulations and procedures. (R. S. 161, 396, 398, secs. 304, 309, part B, (13 F. R. 920), make the follow­ 24, 25, 48 S ta t. 943; 5 U. S. C. 22, 369, ing changes: 372) TITLE 38— PENSIONS, BONUSES, 1. In paragraph (a) change line 23 to [ seal] J. M. D onaldson, AND VETERANS’ RELIEF read: “to fill out two copies of a shipper’s Postmaster General. export declaration”. [F. R. Doc. 48-7668; Filed, Aug. 26, 1948; Chapter I— Veterans’ Administration 2. Amend paragraph (c) to read as 8:46 a. m.] follows: P art 10—I nsurance (c) Two copies of the shipper’s export NATIONAL SERVICE LIFE INSURANCE POLICY declaration are required for postal ship­ FORMS ments; however, one export declaration (two copies) may include any number P art 127—I nternational P ostal S ervice: 1. In Part 10, § 10.3508 is added to P ostage R ates, S ervice Available, and read as follows: '> of packages mailed by one sender on the same day to the same country. It is not I nstructions for M ailing . § 10.3508 Forms of po licies. The necessary that the declarations be ja pa n ; permissible contents of gift forms of policies of insurance described notarized. PARCELS below, are hereby prescribed for use in 3. Amend paragraph (e) to read as In § 127.284 Japan, of Subpart D (13 granting National Service Life Insur­ follows: ance applied for in accordance with the F. R. 997, 2044, 4392), make the follow­ provisions of the National Service Life (e) One copy of each completed dec­ ing change: Insurance Act of 1940, amendments and laration should be postmarked in the In the second paragragh of inferior supplements thereto, and regulations lower left-hand corner of the form at subdivision (c) of paragraph (b) (33 (ii), promulgated pursuant thereto. Con­ the office of mailing and forwarded by Gift parcels, change, in the list of relief tracts of insurance authorized to be made postmasters in an official penalty, en­ items therein contained, the sixth item in accordance with the terms and con­ velope addressed to: to read as follows: ditions set forth in the forms and poli­ Section of Customs Statistics Streptom ycin, up to 15 grams or 15,000,000 cies described below, are subject in all Foreign Trade Division, Bureau of the Census units. Room 434, Customhouse, New York 4, N. Y. respects to the provisions of the Na­ (R. S. 161, 396, 398, secs. 304, 309, 42 Stat. tional Service Life Insurance Act of 1940, These copies should be mailed daily 24, 25, 48 Stat. 943; 5 U. S. C. 22, 369, 372) amendments and supplements thereto, from first-class post offices, and from and all regulations promulgated pursu­ [seal] J. M. D onaldson, second- and third-class offices whenever Postmaster General. ant thereto, all of which together with there are enough' accumulated to fill an the insured’s application, required evi­ envelope but in any case not less fre­ [F. R. Doc. 48-7669; Filed, Aug. 26, 1948; dence of health, including physical ex­ quently than once a week. 8:46 a. m.] 5003 FEDERAL REGISTER

NOTICES

ing in a consolidated proceeding the It is further ordered, That the Commis­ POST OFFICE DEPARTMENT above-entitled applications of David E. sion’s ’ Orders dated December 15, 1947, D o m e st ic M ails Mackey, John E. Evans, Sr., John E. and March 11,1§48, designating for hear­ Evans, Jr., and Kenneth E. Ronnekamp, ing, as aforesaid, the above-entitled ap­ MAILING OF PENICILLIN AND STREPTOMYCIN d/b as Continental Broadcasting Com­ plications of Continental Broadcasting TO A. P. O.'S IN EUROPE pany and of The Midwestern Broadcast­ Company, The Midwestern Broadcasting The prohibition against the transmis­ ing Company; and Company, and The Toledo Blade Com­ sion of penicillin and streptomycin for It further appearing that the Commis­ pany,.be, and there are hereby, amended delivery through the Army Mail Service sion on March 11, 1948 designated for to include the above-entitled applica­ referred to in the notices in the Postal hearing in the above consolidated pro­ tions of Unity Corporation, Incorporated Bulletins of September 18 and 25, 1947, ceeding the above-entitled application and The Rural Broadcasting Company has been rescinded in so far as it pertains of The Toledo Blade Company; of Ohio. to the shipment of such articles to the It is ordered, That, the petition of It is further ordered, That, North Caro­ European Command through A. P. O.’s, North Carolina Broadcasting Company lina Broadcasting Company Incorpo­ c/o Postmaster, New York, New York. be, and it is hereby, granted and that, rated, licensee of radio station WBIG, The restrictions will, however, remain pursuant to section 309 (a) of the Com­ Greensboro, North Carolina be, and it in effect for all other A. P. O.’s. munications Act of 1934, as amended, the is hereby, made a party to the proceed­ said applications of Unity Corporation ing. [ seal] J. M. D onaldson, F ederal Communications Postmaster General. Incorporated and of The Rural Broad­ casting Company of Ohio be, and they Com m ission, [F. R. Doc. 48-7670; Filed, Aug. 26, 1948; are hereby, designated for hearing in [seal] T. J. S lo w ie, 8:46 a. m.] the above consolidated proceeding at a , Secretary. time and place to be designated by sub­ [F. R. Doc. 48-7682; Filed, Aug. 26, 1948; sequent order of the Commission, upon 8:48 a. m.] FEDERAL COMMUNICATIONS the following issues: COMMISSION 1. To determine the legal, technical, financial, and other qualifications of the [Docket Nos. 8001, 8684, 8685, 8830, 9130] applicant corporations, their officers, di­ [Docket Nos. 8049, 8397] C ontinental B roadcasting C o. et al. rectors and stockholders to construct KIDO I nc. (KIDO) and KOOS I nc. and operate the proposed station and (KOOS) ORDER DESIGNATING APPLICATIONS FOR CON­ station WTOD as proposed. SOLIDATED HEARING ON STATED ISSUES 2. To determine the areas and popu­ ORDER DESIGNATING APPLICATIONS FOR CON­ In re applications of David E. Mackey, lations which may be expected to gain SOLIDATED HEARING ON STATED ISSUES John E. Evans, Sr., John E. Evans, Jr., or lose primary service from the opera­ In re applications of KIDO Incorpo­ and Kenneth E. Rennekamp d/b as Con­ tion of the proposed station and of sta­ rated (KIDO), Boise, Idaho, Docket No. tinental Broadcasting Company, Toledo, tion WTOD as proposed and tl^p char­ 8397, File No. BP-5017; KOOS Incorpo­ Ohio, Docket No. 8684, File No. BP—6368; acter of other broadcast service avail­ rated (KOOS), Coos Bay, Oregon, The Midwestern Broadcasting Company, able to those areas and populations. Docket No. 8049, File No. BP-5177; for Toledo, Ohio, Docket No. 8685, File No. 3. To determine the type and char­ construction permits. BP-6421; The Toledo Blade Company, acter of program service proposed to be At a session of the Federal Communi­ Toledo, Ohio, Docket No. 8830, File No. rendered and whether it would meet the cations Commission, held at its offices in BP-6534; Unity Corporation Incorpo­ requirements of the populations and Washington, D. C., on the 19th day of rated (WTOD), Toledo, Ohio, Docket No. areas proposed to be served. August 1948; 8001, File No. BP-5071; The Rural Broad­ 4. To determine whether the opera­ The Commission having under con­ casting Company of Ohio, Oak Harbor, tion of the proposed station and of sta­ sideration the above-entitled applica­ Michigan, Docket No. 9130, File No. tion WTOD as proposed would involve tions of KIDO Incorporated to change BP-6758; for construction permits. objectionable interference with station frequency of station KIDO, Boise, Idaho, At a session of the Federal Communi­ WBIG, Greensboro, North Carolina or to 630 kc, increase power to 5 kw, DA-2, cations Commission, held at its offices in with any other existing stations and, if unlimited time and of KOOS Incorpo­ Washington, D. C., on the 19th day of so, the nature and extent thereof, the rated to change frequency of station August 1948; areas and populations affected thereby, KOOS, Coos Bay, Oregon, to 630 kc, in­ The Commission having under consid­ and the availability of othér broadcast crease power to 1 kw, DA-1, unlimited eration the attove-entitled applications service to such areas and populations. time; of Unity Corporation Incorporated re­ 5. To determine whether the opera­ It is ordered, That, pursuant to section qu estin g construction permit to change tion of the proposed station and of sta­ 309 (a) of the Communications Act of the facilities of radio station WTOD, tion WTOD as proposed would involve 1934, as amended, the said applications Toledo, Ohio, from 1560 kc, 1 kw power, objectionable interference with the serv­ be, and they are hereby, designated for daytime only to 1470 kc, 1 kw power, ices proposed in the other pending ap­ hearing in a consolidated proceeding, at DA-2, unlimited time and of The Rural plications in this proceeding or in any a time and place to be designated by Broadcasting Company of Ohio request­ other pending applications for broadcast subsequent order of the Commission, ing a construction permit for a new ‘facilities and, if so, the nature and ex­ upon the following issues: standard broadcast station to operate tent thereof, the areas and populations 1. To determine the technical, finan­ on the frequency 1470 kc, with 1 kw affected thereby, and the availability of cial, and other qualifications of the ap­ power, DA-2, unlimited time in Oak other broadcast service to such areas and plicant corporations, their officers, di­ Harbor, Michigan and also having under populations. rectors and stockholders to construct consideration a petition filed by North 6. To determine whether the installa­ and operate stations KIDO and KOOS as Carolina Broadcasting Company Incor­ tion and operation of the proposed sta­ proposed. porated, licensee of radio station WBIG, tion and of station WTOD as proposed 2. To determine the areas and popula­ Greensboro, North Carolina, that said would be in compliance with the Com­ tions which may be expected to gain or application of The Rural Broadcasting mission’s rules and Standards of Good lose primary service from the operation Company of Ohio be designated for hear­ Engineering Practice Concerning Stand­ of stations KIDO and KOOS as proposed ing and that North Carolina Broadcast­ ard Broadcast Stations. and the character of other broadcast ing Company Incorporated be made* a 7. To determine on a comparative service available to those areas and popu­ party thereto; basis which, if any, of the applications lations. It appearing that the Commission on in this consolidated proceeding should 3. To determine the type and char­ December 15, 1947 designated for hear­ be granted. acter of program service proposed to be Friday y August 27, 1948 FEDERAL REGISTER 5009 rendered and whether it would meet the ceeding with a mutually exclusive appli­ nating the said application of Parish requirements of the populations and cation from Bastrop, Louisiana, naming Broadcasting Company for hearing, as areas proposed to be served. Oil Capitol Broadcasting Association, modified, be, and it is hereby, amended 4. To determine whether the opera­ licensee of Station KOCA, Kilgore, Texas, to include the said application of Ruston tion of stations KIDO and KOOS as pro­ a party to the proceeding; and that on Broadcasting Company (KRUS). posed would involve objectionable inter­ August 1, 1947, the said application for F ederal C ommunications ference with any existing broadcast sta­ Bastrop, Louisiana, was amended and re­ C o m m issio n , tions and, if so, the nature and extent moved from the hearing docket and the [ seal] T. J. S l o w ie , thereof, the areas and populations af­ application of Parish Broadcasting Cor­ Secretary. fected thereby, and the availability of poration retained on the hearing docket because of the interference caused to [F. R. Doc. 48-7684; Filed, Aug. 26, 1948; other broadcast service to such areas and 8:49 a. m.] populations. Station KOCA; 5. To determine whether the operation It further appearing, that, the above- of stations KIDO and KOOS as proposed entitled applications involve serious would involve objectionable interference, mutual interference and that on the [Docket Nos. 8758, 8759, 9129] each with the other, or with the services basis of the information contained in the proposed in any other pending applica­ said applications and the petition under M adera B roadcasting C o . et al. tions for broadcast facilities and, if so, consideration, the Commission is un­ the nature and extent thereof, the areas able to determine whether a grant of ORDER DESIGNATING APPLICATIONS FOR CON­ and populations affected thereby,* and either application would be in the public SOLIDATED HEARING ON STATED ISSUES the availability of other broadcast serv­ interest and consistent with § 1.382 of In re applications of Harold Ray ice to such areas and populations. the rules; Brown, Daniel B. Halcomb, Dean S. 6. To determine whether the installa­ It is ordered, That, the said petition of Lesher and Kathryn C. Lesher, d/b as tion and, operation of stations KIDO and Parish Broadcasting Corporation be, and Madera Broadcasting Company, Ma­ KOOS as proposed would be in compli­ it is hereby, denied; and that pursuant^ dera, California, Docket No. 9129, File ance with the Commission’s rules and to section 309 (a) of the Communica­ No. BP-5864; George F. Haddican, Del­ Standards of Good Engineering Practice tions Act of 1934, as amended, the above- ano, California, Docket No. 8758, File No. Concerning Standard Broadcast Stations. entitled application of Clarence E. Faulk, BP-5410; N. Pratt Smith, Leland E. Ash­ 7. To determine on a comparative Jr., be, and it is hereby, designated for ton, Geo. Ames, Millard J. Kessler, Allan basis which, if either, of the applications hearing in a consolidated proceeding with R. Kessler, Merlin M. Taggert and Har­ in this consolidated proceeding should be the said application of Parish Broadcast­ old W. Marshall d/b as Radio Delano, granted. ing Corporation, at a time and place to Delano, California, Docket No. 8759, File F ederal C ommunications be designated by subsequent order of the No. BP-6522; for construction permits. C o m m issio n , Commission upon the following issues: At a session of the Federal Communi­ [seal] T. J. S l o w ie , 1. To determine the technical, finan­ cations Commission, held at its offices Secretary. cial, and other qualifications of the ap­ in Washington, D. C., on the 19th day [F. R. Doc. 48-7681; Filed, Aug. 26, 1948; plicant corporation, its officers, directors of August 1948; 8:48 a. m.] and stockholders to construct and op­ The Commission having under con­ erate the proposed station, sideration the above-entitled application 2. To determine the areas and popu­ of Harold Ray Brown, Daniel B. Hal­ lations which may be expected to gain or comb, Dean S. Lesher and Kathryn C. lose primary service from the operation Lesher d/b as Madera Broadcasting [Docket Nos. 8409, 9092] of the proposed station and the character Company requesting authorization to R uston B roadcasting Co. (KRUS) and of other broadcast service available to construct a new standard broadcast sta­ P arjsh B roadcasting C o. those areas and populations. tion to operate on the frequency 1340 3. To determine the type and char­ kc, with 250 w power, unlimited time at order designating applications for con­ acter of program service proposed to be Madera, California; solidated hearing on stated issu es rendered and whether it would meet the It appearing, that the Commission on In re applications of Clarence E. Faulk, requirements of the population and areas January 31, 1948, designated for hearing Jr., tr/as Ruston Broadcasting Co. proposed to be served. in a consolidated proceeding the above- (KRUS), Ruston, Louisiana, Docket No. 4. To determine whether the operation entitled applications of George F. Haddi­ 9092, File No. BP-6720; Parish Broad­ of the proposed station would involve can, and of N. Pratt Smith, Leland E. casting Company, Minden, Louisiana, objectionable interference with any Ashton, Geo. Ames, Millard J. Kessler, Docket No. 8409, File No. BP-5749; for existing broadcast stations and, if so, the Allan R. Kessler, Merlin M. Taggert and construction permits. nature and extent thereof, the areas and Harold W. Marshall d/b as Radio Del­ At a session of the Federal Communi­ populations affected thereby, and the ano; cations Commission, held at its offices in availability of other broadcast service to It is ordered, That, pursuant to sec­ Washington, D. C., on the 19th day of such areas and populations. tion 309 (a) of the Communications Act August 1948; 5. To determine whether the opera­ of 1934, as amended, the said application The Commission having under consid­ tion of the proposed station would in­ of Madera Broadcasting Company be, eration the above-entitled application of volve objectionable interference with the and it is hereby, designated for hearing Clarence E. Faulk, Jr., for a permit to other application in this proceeding or in the above consolidated proceeding at change the frequency of Station KRUS, with the services proposed in any other a time and place to be designated by Ruston, Louisiana (presently operating pending applications for broadcast fa­ subsequent order of the Commission, unlimited time, with 250 w power) from cilities and, if so, the nature and extent upon the following issues: 1490 kc, to 1230 kc, said application being thereof, the areas and populations af­ 1. To determine the legal, technical, contingent on a grant of the application fected thereby, and the availability of financial, and other qualifications of the of James A. Noe (KNOE) requesting the other broadcast service to such areas and applicant partnership and the partners frequency 1390 kc at Monroe, Louisiana populations. to construct and operate the proposed (BMP-1839; Docket No. 7655); and the 6. To determine whether the installa­ station. petition of Parish Broadcasting Corpo­ tion and operation of the proposed sta­ 2. To determine the areas and popu­ ration requesting reconsideration and tion would be in compliance with the lations which may be expected to gain grant without hearing of its above-en­ Commission’s rules and Standards of or lose primary service from the opera­ titled application for permit to construct Good Engineering Practice Concerning tion of the proposed station and the a new station in Minden, Louisiana, to Standard Broadcast Stations. operate unlimited time on the frequency 7. To determine on a comparative character of other broadcast service 1240 kc; and basis which, if either, of the applications available to those areas and popula­ It appearing, that, the Commission on in this consolidated proceeding should tions. June 11, 1947, designated the said appli­ be granted. 3. To determine the type and charac­ cation of Parish Broadcasting Corpora­ It is further ordered, That the Com­ ter of program service proposed to be tion for hearing in a consolidated pro­ mission’s order of June 11, 1947, desig­ rendered and whether it would meet the #

5010 NOTICES requirements of the populations and 2. To determine the areas and popu­ It is ordered, That, the said petition areas proposed to be served. lations which may be expected to gain be, and it is hereby, granted, and that 4. To determine whether the opera­ or lose primary service from the oper­ pursuant to section 309 (a) of the Com­ tion of the proposed station would in­ ation of the proposed station and the munications Act of 1934, as amended, volve objectionable interference with any character of other broadcast service the said applications be, and they are existing broadcast stations and, if so, the available to these areas and populations. hereby, designated for hearing In a con­ nature and extent thereof, the areas and 3. To determine the type and charac­ solidated proceeding at a time and place populations affected thereby, and the ter of program service proposed#to be to be designated by subsequent order of availability of other broadcast service to rendered and whether it would meet the the Commission, upon the following such areas and populations. requirements of the populations and issues: 5. To determine whether the opera­ areas proposed to be served. 1. To determine the legal, technical, tion of the proposed station would in­ 4. To determine whether the opera­ financial, and other qualifications of the volve objectionable interference with the tion of the proposed station would in­ applicants to construct and operate the services proposed in the pending appli­ volve objectionable interference with the proposed stations. cations of George P. Haddican and of operation of Station WNAB Bridgeport, 2. To determine the areas and popu­ Radio Delano or in any other pending Connecticut, or with any other existing lations which may be expected to gain applications for broadcast facilities and, broadcast stations and, if so, the nature or lose primary service from the opera­ if so, the nature and extent thereof, the and extent thereof, the areas and popu­ tion of the proposed stations and the areas and populations affected thereby, lations affected thereby, and the avail­ character of other broadcast service and the availability of other broadcast ability of other broadcast service to such available to those areas and popula­ service to such areas and populations. areas and populations. tions. 6. To determine whether the installa­ 5. To determine whether the opera­ 3. To determine the type and charac­ tion and operation of the proposed sta­ tion of the proposed station would in­ ter of program service proposed to be tion would be in compliance with the volve objectionable interference with the rendered and whether it would meet the Commission’s rules and Standards of services proposed in any other pending requirements of the populations and Good Engineering Practice Concerning applications for broadcast facilities &nd, areas proposed to be served. Standard Broadcast Stations. If so, the nature and extent thereof, the 4. To determine whether the opera­ 7. To determine on a comparative areas and populations affected thereby, tion of the proposed stations would in­ basis which, if any, of the applications and the availability of other broadcast volve objectionable interference with in this consolidated proceeding should service to such areas and populations. any existing broadcast stations and, if be granted. 6. To determine whether the installa­ so, the nature and extent thereof, the It is further ordered, That, the Com­ tion and operation of the proposed sta­ areas and populations affected thereby, mission’s Order dated January 31, 1948 tion would be in compliance with the and the availability of other broadcast designating for hearing in a consolidated Commission’s rules and Standards of service to such areas and populations. proceeding the above-entitled applica­ Good Engineering Practice Concerning 5. To determine whether the operation tions of George P. Haddican and Radio Standard Broadcast Stations with par­ of the proposed stations would involve Delano, be, and it is hereby, amended to ticular reference as to whether a trans­ objectionable interference, each with the include the above-entitled application mitter site can be selected which 'would other, or with the services proposed in of Madera Broadcasting Company. not result in overlap of the proposed any other pending applications for 25 mv/m contour and the 2 mv/m con­ broadcast facilities and, if so, the nature F ederal C ommunications tour of station WHOM. and extent thereof, the areas and popu­ C om m ission, It is further ordered, That Harold lations affected thereby, and the avail* [seal] T. J. S lo w ie, Secretary. Thomas, licensee of Station WNAB ability of other broadcast service to such Bridgeport, Connecticut, be, and he is areas and populations. [P. R. Doc. 48-7680; Filed, Aug. 26, 1948; hereby, made a party to this proceeding. 6. To determine whether the installa­ 8:48 a. m.] tion and operation of the proposed sta­ F ederal Communications tions would be in compliance with the C o m m issio n , Commission’s rules and Standards of [ seal] T. J. S l o w ie, Secretary. Good Engineering Practice Concerning [Docket No. 9123] Standard Broadcast Stations. [F. R. Doc. 48-7685; Filed, Aug. 26, 1948; 7. To determine on a comparative S uburban B roadcasting C orp. 8:49 a. m.] basis which, if either of the applications order designating application for in this consolidated proceeding should be hearing on stated issu es granted. In re application of Suburban Broad­ F ederal C ommunications casting Corporation, New Rochelle, New [Docket Nos. 9127, 9128] • Co m m issio n , [seal] T. J. S l o w ie , York, Docket No. 9123, Pile No. BP—6428; D ale S. C row ley and G rant A. W ood Secretary. for construction permit. order designating applications for con­ [F. R. Doc. 48-7679; Filed, Aug. 26, 1948; At a session of the Federal Communi­ solidated HEARING ON STATED ISSUES cations Commission, held at its offices 8:48 a. m.] in Washington, D. G., on the 19th day In re applications of Dale S. Crowley, of August 1948; Washington, D. C., Docket No. 9127, Pile The Commission having under con­ No. BP-5299; Grant A. Wood, Hyattsville, sideration the above-entitled application Maryland, Docket No. 9128, Pile No. BP- [Docket Nos. 9131-9133] for permit to construct a new standard 6680; for construction permits. broadcast station at New Rochelle, New At a session of the Federal Communi­ Allentow n B roadcasting Co. (WKAP) York, to operate on the frequency 1460 cations Commission, held at its offices in ET AL. kc, with 500 w power, daytime only. Washington, D. C., on the 19th day of ORDER DESIGNATING APPLICATIONS FOR CON­ It is ordered, That, pursuant to sec­ August 1948; SOLIDATED HEARING ON STATED ISSUES tion 309 (a) of the Communications Act The Commission having under consid­ of 1934, as amended, the said application eration the above-entitled applications In re applications of N. Joe Rahall, be, and it is hereby, designated for hear­ each requesting a permit to construct a Sam G. Rahall, Farris E. Rahall and ing at a time and place to be designated new standard broadcast station at the Deem F. Rahall a partnership d/b as by subsequent order of the Commission, places specified above to operate on the Allentown Broadcasting Company upon the following issues: frequency 1540 kc, with 1 kw power, day­ (WKAP), Allentown, Pennsylvania, Doc­ 1. To determine the legal, technical, time only, and also having under con­ ket No. 9132, File No. BP-6552; Lacka­ financial, and other qualifications of the sideration a petition filed by Grant A. wanna Valley Broadcasting Company applicant corporation, its officers, direc­ Wood that said applications be desig­ (WSCR), Scranton, Pennsylvania, Doc­ tors and stockholders to construct and nated for hearing in a consolidated pro­ ket No. 9133, File No. BP-6727; Louis G. operate the proposed station. ceeding; Baltimore (WBRE), Wilkes - Barre, Friday, August 27, 1948 FEDERAL REGISTER 5011

Pennsylvania, Docket No. 9131, File No. 7. To determine on a comparative of the exact time of sunrise and sunset BP-5969; for construction permits. basis which, if any, of the applications for the 15th of each month during the At a session of the Federal Communi­ in this consolidated proceeding should year 1946, the table is made by indicat­ cations Commission, held at its offices in be granted. ing these times to the nearest 15 minutes. Washington, D. C., on the 19th day of F ederal Communications This notice is issued pursuant to sec­ August 1948; C om m ission, tion 303 (a) (c) (f) and (r) of the The Commission having under con­ [ seal] T. J. S lo w ie, Communications Act of 1934 as sideration the above-entitled applica­ Secretary. amended. tions of Allentown Broadcasting Com­ In accordance with the provision of pany requesting a permit to change fa­ [F. R. Doc. 48-7683; Filed, Aug. 26, 1918; 8:49 a. m.] § 1.764 of the Commission’s rules and cilities of station WKAP, Allentown, regulations, an original and 14 copies of Pennsylvania, from 1580 kc, 1 kw power, all statements, briefs or cofnments filed daytime only to 1320 kc, 1 kw power, pursuant to this notice shall be furnished DA-N, unlimited time and of Lacka­ . [Docket No. 9134] to the Commission. wanna Valley Broadcasting Company re­ questing a construction permit to change S tandards of G ood E ngineering P rac­ F ederal C ommunications facilities of station WSCR, Scranton, tice C oncerning S tandard B roadcast C o m m issio n , Pennsylvania, from 1000 kc, 1 kw power, S tations [Seal] T. J. S l o w ie , Secretary. daytime bnly, to 1320 kc 500 w, 1 kw-LS PUBLIC NOTICE WITH RESPECT TO SUNRISE power, DA-N, unlimited time and of ANÇtSJJNSET TABLES [F. R. Doc. 48-7678; Filed, Aug. 26, 1948; Louis G. Baltimore requesting a permit 8:48 a. m.] to construct a satellite station at Scran­ At a session of the Federal Communi­ ton, Pennsylvania to operate in conjunc­ cations Commission held at its offices tion with station WBRE on frequency in Washington, D. .C., on the 19th day 1340 kc; of August 1948; [BAL-706] It is ordered, That, pursuant to section The Commission having, under con­ sideration the table containing the aver­ R obert L. W eeks and D r. R ussell G . 309 (a) of the Communications Act of F rey 1934, as amended, the said applications age sunrise and sunset times adopted by be, and they are hereby, designated for order dated May 27, 1948; and ORDER DESIGNATING APPLICATION FOR hearing in a consolidated proceeding at It appearing that questions have arisen HEARING ON STATED ISSUES a time and place to be designated by with respect to the basis of the table In the matter of Robert L. Weeks (as­ subsequent order of the Commission, approved on May 27,1948 (13 F. R. 3023). signor), Dr. Russell G. Frey (assignee). upon the following issues: Notice is hereby given that any inter­ At a session of the Federal Communi­ 1. To determine the technical, finan­ ested person who is of the opinion that cations Commission held in its offices in cial, and other qualifications of the in­ the above mentioned table as approved Washington, D. C., on the 18th day of dividual applicant, the applicant part­ on May 27,1948, is not correct or who be­ August 1948; nership and the partners, and of the lieves that the table as adopted should The Commission having under con­ applicant corporation, its officers, direc­ not have been adopted in the manner sideration the above entitled application tors and stockholders to construct and set forth in the appendix to the order of for assignment of the license of station operate stations WKAP, WSCR, and May 27, 1948, may file with the Commis­ KBLF, Red Bluff, California from Rob­ WBRE as proposed. sion on or before September 15, 1948, a ert L. Weeks to Dr. Russell G. Frey and 2. To determine the areas and popu­ statement or brief setting forth his com­ not being satisfied that it was in pos­ lations which may be expected to gain ments and any objections with respect session of full information as required or lose primary service from the opera­ to the action of the Commission in this by the Communications Act of 1934, as tion of stations WKAP, WSCR and matter. The Commision will consider all amended, and acting pursuant to section WBRE as proposed and the character such comments and objections that are 310 (b) of the act and § 1.321 of the rules of other broadcast service available to presented and if any comments or objec­ of practice and procedure: those areas and populations. tions submitted appear to warrant a It is ordered, That the above entitled 3. To determine the type and charac­ hearing or an oral argument, notice of application be, and it is hereby desig­ ter of program service proposed to be the time and place of such hearing or nated for hearing at a time and place to rendered and whether it would meet the oral argument will be-given. Any per­ be designated by subsequent order of the requirements of the populations and son who files a pleading pursuant to^his Commission, upon the following issues: areas proposed to be served. notice may until action is taken with re­ 1. To determine whether the proposed 4. To determine whether the operation spect to such pleading consider the pro­ assignee is legally, financially and other­ of stations WKAP, WSCR, and WBRE visions of the table containing the aver­ wise qualified to own or control and to as proposed would involve objectionable age sunrise and sunset times adopted on operate station KBLB, Red Bluff, Cali- interference with any other existing May 27, 1948, as suspended insofar as it ronia. broadcast stations and, if so, the nature affects such person. 2. To determine the fuir contract ar­ and extent thereof, the areas and popu­ In connection with this matter, the rangements or agreement of sale either lations affected thereby, and the avail­ following information is supplied with presently made or to be made by the ability of other broadcast service to such reference to the basis for the tables proposed assignee with the present per­ areas and populations. adopted on May 27,1948 : First, the lati­ mittee including the price and the man­ 5. To determine .whether the opera­ tude and longitude of the approximate ner of paymènt and the properties to be tion of stations WKAP, WSCR, and center of the city is used and not nec­ received therefor. WBRE as proposed would involve objec­ essarily transmitter locations. This is 3. To secure full information as to the tionable interference each with the other in order to avoid minor differences that plans of the proposed assignee for staff­ or with the services proposed in any would occur for stations located in the ing the station, its plans with respect to other pending applications for broadcast same city. Secondly, the time of sun­ the station’s programming and all other facilities and, if so, the nature and extent rise and sunset for the year 1946 has plans or arrangements for the operating thereof, the areas and populations been used in the table and will be used of the station. affected thereby, and the availability of for future additions to the table. The 4. To determine the extent and char­ other broadcast service to such areas and year 1946 was chosen because it occurs acter of control over station KBLF which populations. halfway between two leap years, thereby is or has beqn exercised by persons other 6. To determine whether the installa­ establishing another average. Data than the present approved licensee. tion and operation of stations WKAP, with respect to sunrise and sunset times 5. To determine whether the license granted to Robert L. Weeks for station WSCR and WBRE as proposed would be for the year 1946 is obtained from the KBLF, or the rights and responsibilities in compliance with the Commission’s American Nautical Almanac for that incident thereto, have been transferred, rules and Standards of Good Engi- ' year. This almanac is issued by the assigned, or disposed of, directly or in­ neering Practice Concerning Standard Nautical Almanac Office of the U. S. directly, without the consent of the Com­ Broadcast Stations. Naval Observatory. After determination mission, and in contravention of the pro- 5012 NOTICES visions of the Communications Act of Commission an emergency exists requir­ In the matter of Wisconsin Power and 1934, as amended, and more particularly ing immediate action. It is ordered, that; Light Company, File No. 70-1925; The section 310 (b) thereof. (a) Coal at Chicago, III., be unloaded. Middle West Corporation, File No. 70- The Belt Railway Company of Chicago, 1926. F ederal Communications its agents or employees, shall unload Notice is hereby given that Wisconsin Co m m issio n , immediately Power and Light Company (“Wiscon­ [ seal] T. J. S l o w ie , sin”) , a public utility company, and its Secretary. C&EI 97083 parent, The Middle West Corporation 1C — 69726 [F. R. Doc. 48-7686; Piled, Aug. 26, 1948; IO — 74175 (“Middle West”), a registered holding 8:49 a. m.] CRR 50525 company, have filed separate applica­ NYC 840462 tions and/or declarations pursuant to B&O 430811 the Public Utility Holding Company Act FEDERAL POWER COMMISSION containing coal, now on hand at Chicago, of 1935 (“act”) and the rules and regu­ [Docket No. IT-5550] 111., consigned for account of Central lations promulgated thereunder. Wis­ West Coal Company. consin has designated section 6 (b) of S an D iego G as & E lectric C o. (b) Demurrage. No common car­ the act and Rule U-50 promulgated thereunder as applicable to its proposed NOTICE OF APPLICATION FOR AMENDMENT rier by railroad subject to the Interstate transactions. Middle West has desig­ OF AUTHORIZATION TO EXPORT ELECTRIC Commerce Act shall charge or demand nated sections 9,10,11, and 12 (f) of the ENERGY or collect or receive any demurrage or act as applicable to its proposed trans­ A u g u s t 20 , 1948. storage charges for the“detention under action. All interested persons are re­ Notice is hereby given that pursuant load of any car specified in paragraph ferred to said applications-déclarations to the provisions of section 202 (e) of (a) of this order for the detention period which are on file in the office of the Com­ the Federal Power Act, 16 U. S. C. 791a- commencing at 7:00 a. m., August 23, mission for a full statement of the trans­ 825r, San Diego Gas & Electric Company 1948, and continuing until the actual un­ loading of said car or cars is completed. actions therein proposed which are sum-, on August 10, 1948, filed with the Fed­ marized below: eral Power Commission an application (c) Provisions suspended. The opera­ Wisconsin proposes to issue and sell for amendment of the authorization pre­ tion of any or all rules, regulations, or $5,000,000 principal amount of First viously granted by the Commission un­ practices, insofar as they conflict with Mortgage Bonds, Series C — % of the der said Act so as to permit an increase the provisions of this order, is hereby Company due September 1, 1978, under in the exportation of electric energy to suspended. the Indenture dated August 1,1941, exe­ a point on the international boundary, (d) notice and expiration. Said car­ cuted by the Company to First Wisconsin United States and Mexico, opposite Te- rier shall notify the Director, Bureau of Trust Company and George B. Luhman cate, Baja California, Mexico, in either Service, Interstate Commerce Commis­ as Trustees, as amended by a Supple­ of the following quantities: sion, Washington, D. C., when it has mental Indenture dated January 1,1948, (i) Over a 2.3 kv line up to 2,500,000 completed the unloading required by and the Supplemental Indenture to be kilowatt-hours annually at a rate of sup­ paragraph (a) hereof, and such notice dated September 1,1948. The new bonds ply not to exceed 500 kilowatts; shall specify when, where, and by whom will be sold at competitive bidding pur­ (ii) Over an 11.5 kv line up to 5,000,000 such unloading was performed. Upon suant to the requirements of Rule U-50 kilowatt-hours annually at a rate of sup­ receipt o' that notice this order shall and the interest rate; redemption prices ply not to exceed 1,000 kilowatts. expire. of the new bonds, and the price to be Only a single delivery will be made at It is further ordered, that this order paid to the Company (which shall not any particular time and the 11.5 kv line shall become effective immediately; that be less than 100% nor more than 102%% will be used in the event the load exceeds a copy of this order and direction be of the principal amount thereof), ex­ the amount requested for the 2.3 kv line. served upon the Association of American clusive of accrued interest, shall be de­ The present exportation is limited to Railroads, Car Service Division, as agent termined by competitive bidding. 200,000 kilowatt-hours annually at a rate of the railroads subscribing to the car Wisconsin requests that the ten-day not to exceed 80 kilowatts over the 2.3 kv service and per diem agreement under publication period for inviting bids for line and to 2,200,000 kilowatt-hours at the terms of that agreement; and that said bonds as provided by Rule U-50 be a rate not to exceed 550 kilowatts over notice of this order be given to the gen­ shortened to a period of not less than the 11.5 kv line. eral public by depositing a copy in the six days. Any person desiring to be heard or to office of the Secretary of the Commis­ Wisconsin further proposes to issue make any protest with reference to the sion, at Washington, D. C., and by filing and sell 320,232 shares of Common Stock proposed amendment should, on or be­ it with the Director, Division of the Fed­ (par value $10 per share). The Com­ fore September 9,1948, file with the Fed­ eral Register. pany proposes to offer to the holders eral Power Commission a petition or (40 Stat. 101, sec. 402; 41 Stat. 476, sec. of its outstanding Common Stock of rec­ protest in accordance with the Commis­ ord at the close of business on September sion’s regulations under the Federal 4; 54 Stat. 901, 911; 49 U. S. C. 1 (10)- 3, 1948, the right to subscribe for and Power Act. (17), 15 (2)) purchase at $13.50 per share one share [ seal] J. H. G u trid e, By the Commission, Division 3. of such stock for each four shares held. In cases where the number of shares of v ' Acting Secretary. [seal] W. P. B artel, Secretary. Common Stock held by any stockholder [F. R. Doc. 48-7674; Filed, Aug. 26, 1948; is not evenly divisible by four, such 8f47 a. m.] [F. R. Doc. 48-7676; Filed, Aug. 26, 1948; stockholder will be entitled to purchase 8:47 a. m.] a full share in lieu of fractions, there being no provision for the issuance of INTERSTATE COMMERCE fractional shares. These rights will be COMMISSION SECURITIES AND EXCHANGE evidenced by transferable Subscription COMMISSION Warrants which the Company will issue [S. O. 823] to its common stockholders. Each com­ [File Nos. 70-1925, 70-1926] U nloading o f C oal at Chicago mon stockholder will also receive a trans­ At a session of the Interstate Com­ W isc o n sin P ow er and L ig h t Co. and ferable Conditional Subscription War­ merce Commision, Division 3, held at its M iddle W est C orp. rant which will entitle the holders to sub­ scribe for and purchase at $13.50 per office in Washington, D. C., on the 19th NOTICE OF FILINGS, ORDER OF CONSOLIDA­ share such number of full shares of Com­ day of August A. D. 1948. TION AND NOTICE OF AND ORDER FOR mon Stock as they may desire in addi­ It appearing, that 6 cars of coal at HEARING Chicago, 111., on The Belt Railway Com­ tion to the number of shares to which pany of Chicago, have been on hand for At a regular session of the Securities they are entitled to subscribe for and an unreasonable length of time and that and Exchange Commission held at its purchase under the aforesaid Subscrip­ the delay in unloading said cars is im­ office in the city of Washington, D. C., tion Warrants subject, however, to the peding their use; in the opinion of the on the 23d day of August A. D. 1948. condition that the total of 320,232 shares Friday, August 27, 1948 FEDERAL REGISTER 5013

of Common Stock offered shall not have and in the interests of investors and (d) Whether the Articles of Organiza­ been subscribed for pursuant to said consumers that a hearing be held with tio n , as amended, of Wisconsin contain Subscription Warrants and subject to respect to said applicatiohs-declarations adequate provisions for the protection an offer to employees o f the Company and that said applications-déclarations of investors or consumers. of the right to subscribe for not in excess shall not be granted or permitted to be­ (e) Whether the proposed acquisition of 12,000 shares of Common Stock. Em­ come effective except pursuant to fur­ by Middle West of the Common Stock of ployees, will be given the right to sub­ ther order of the Commission; and it Wisconsin meets the applicable require­ scribe for and purchase an aggregate of appearing to the Commission that these ments of section 10 of the act. 12,000 shares at $13.50 per share, sub­ two applications-declarations involve (f) Whether the proposed accounting ject to the offer to stockholders pursu­ common questions of law and fact and entries to be recorded in connection with ant to the Subscription Warrants and that evidence adduced in one of the pro­ the proposed transactions are proper and provided no employee may subscribe for ceedings may have a bearing upon the conform with sound accounting prin­ or purchase in excess of 400 shares. issues presented in the other proceedings ciples and meet the standards of the act. While the application as presently filed and that a substantial saving of time (g) Whether the fees, commissions does not define the duration of the sub­ and expense would result if the proceed­ and other remuneration to be paid in scription period, it is proposed that the ings were consolidated: connection with the proposed transac­ above offers expire at the close of busi­ It is hereby ordered, That the pro­ tions are for necessary services and are ness on September 28, 1948, unless ex­ ceedings with respect to the application- reasonable in amount. tended in writing by the Company. No declaration filed by Wisconsin and the (h) What terms and conditions, if part of the 320,232 shares of Common proceedings with respect to the applica­ any, with respect to the proposed trans­ Stock proposed to be issued and sold is tion-declaration filed by Middle West be, actions should be prescribed in the pub­ being underwritten. It is stated that and hereby are, consolidated and that lic interest or for the protection of in­ if a substantial amount of such Common a hearing on such consolidated proceed­ vestor and consumers. Stock is not subscribed for, it is the ings under the applicable provisions of It is further ordered, That at said present intention of the Company to the act and rules and regulations pro­ hearing evidence shall be adduced with offer the remaining shares for sale at not mulgated thereunder be held on August respect to the foregoing matters and less than the subscription price. 31, 1948 at 11:00 a. m., e. d. s. t., at the questions. The net proceeds (exclusive of accrued office of this Commission, 425 Second It is further ordered, That the Secre­ interest) to be received by Wisconsin Street NW., Washington 25, D. C., in tary of the Commission shall serve a from the issue and sale of said bonds and such room as may be designated on that copy of this order by registered mail on Common Stock will be added to the gen­ day by the hearing room clerk in Room Wisconsin Power and Light Company, eral funds of the Company and used to 101. Any person who desires to be heard The Middle West Corporation, the Pub­ pay or reimburse the Company for the or otherwise wishes to participate in lic Service Commission of Wisconsin and cost of additions, extensions and im­ these consolidated proceedings shall file the Federal Power Commission and that provements made or to be made on the with the Secretary of the Commission on notice of said hearing shall be given to properties of the Company, except that or before August 30, 1948, a written re­ all other persons by general release of approximately $494,000 of said proceeds quest relating, thereto as provided by this Commission which shall be distrib­ will be used to prepay an equivalent Rule XVII of the Commission’s rules of uted to the press and mailed to the amount of the outstanding 2% serial practice. mailing list for releases under the Pub­ notes of the Company. It is further ordered, That William W. lic Utility Holding Company Act of 1935 Wisconsin states that during the first Swift, or any other officer or officers of and by publication of this order in the six months of 1948 it expended $3,093,000 this Commission designated by it for that F ederal R egister. for additions, extensions and improve­ purpose, shall preside at such hearing. By the Commission. ments to its properties, principally its The officer so designated to preside at electric properties, and estimates that it such hearing is hereby authorized to ex­ [seal] O rval L. D uB o is , will expend for similar purposes during ercise all powers granted to the Commis­ Secretary. the period July 1," 1948 to December 31, sion under section 18 (c) of the act and [P. R. Doc. 48-7673; Filed, Aug. 26, 1948; 1949, approximately^. $9,836,000 and in to a hearing officer under the Commis­ 8:47 a. m.] 1950 approximately $*8,375,000. sion’s rules of practice. Middle West, the holder of 677,834 The Public Utilities Division of the shares of Common Stock of Wisconsin, Commission having advised the Commis­ constituting approximately 53% of the sion that it has made a preliminary study [Pile No. 812-563] total of such stock outstanding, proposes of said applications-déclarations and to exercise its rights to subscribe for and that, upon the basis thereof, the follow­ A ffiliated F ond, I n c., et al. purchase an additional 169,458 shares ing matters and questions are presented of the Wisconsin Common Stgck. It is for consideration, without prejudice, NOTICE OF APPLICATION proposed that in the event of over-sub­ however, to the presentation of addi­ At a regular session of the Securities scription of the 320,232 shares pursuant tional matters and questions upon fur­ and Exchange Commission held at its to Subscription Warrants, as a result of ther examination : offices in Washington, D. C., on the 23d the above-mentioned rights granted by (a) Whether the proposed issue and day of August A. D. 1948. Wisconsin to its common stockholders to sale of new bonds and Common Stock of In the matter of Affiliated Fund, Inc., subscribe for full shares where they Wisconsin are exempt from the provi­ American Business Shares, Inc., Union would otherwise be entitled to subscribe sions of sections 6 (a) and 7 of the act Trusteed Funds, Inc., and Lord, Abbett & for fractional shares only, the number pursuant to section 6 (b) thereof and, if Company, Inc., File No. 812-563. of shares of Common Stock to be pur­ not, whether said issues end sales meet Notice is hereby given that Affiliated chased by Middle West will be reduced the requirements of section 7 of the act. Fund, Inc. (herein called “Affiliated”), by an amount of shares equal to any such (b) Whether, in the event that the ex- • American Business Shares, Inc. (herein oversubscription. Middle West estimates emption provided by section 6 (b) of the called» “American”) , and Union Trusteed that the maximum possible over-sub­ act is granted, it is necessary^or appro­ Funds, Inc. (herein called “Union”) , scription due to the elimination of frac­ priate in the public interest or for the open-end diversified management com­ tional warrants will not exceed 800 protection of investors or consumers to panies registered under the Investment shares. impose terms or conditions in connection Company Act of 1940, and Lord, Abbett Wisconsin has filed herein a copy of with the proposed issuance of new bonds & Company, Inc. (herein called “Lord its application to the Public Service Com­ and Common Stock of Wisconsin, and, if Abbett”) , the principal underwriter and mission of Wisconsin, the state commis­ so, what terms and conditions should be investment adviser of Affiliated, Ameri­ sion of the state in which Wisconsin is imposed. can and Union, have filed an applica­ organized and doing business, for ap­ (c) Whether the indenture and sup­ tion pursuant to section 6 (c) of the act proval of the transactions proposed plemental indenture securing the pro­ for an order exempting from the provi­ herein. posed new bonds of Wisconsin contain sions of section 11 (a) of the act certain It appearing to the Commission that adequate protective provisions for the propped transactions by which the it is appropriate in the public interest benefit of security holders. holders of capital stock of each of the No. 168------4 5014 NOTICES above-named investment companies shall underwriter for each of the above-named bert M. Greenfield & Co. (“Greenfield be offered the right to convert all or part investment companies acting as selling Company”) a real estate brokerage com­ of such shares into shares of capital agent under distribution agreements pany, both located at No. 1315 Walnut stock of any other of such investment having substantially identical terms, ex­ Street, Philadelphia 7, Pennsylvania, companies at such price below the pub­ cept for sales load which in the case of have jointly filed an application pursuant lic offering price but in excess of the Affiliated and Union (other than shares to section 6 (c) of the Investment Com­ net asset value of the shares of such of Union Fund Special for which there pany Act of 1940 for an order of the other investment company as Lord Ab- is no loading charge) is 8.5% of the Commission exempting from the provi­ bett, the principal underwriter, from maximum public offering price and in sions of section 17 (e) (1) of the act, time to time shall determine. The re­ the case of American 8.6% of the maxi­ the receipt by tfife Greenfield Company duced sales load on such conversions, mum public offering price. Lord Abbett of a real estate commission in connection resulting from a conversion price which is also the managing corporation and with the purchase by Bankers from Gi­ will be less than the public offering investment adviser of each such com­ rard Trust Company (“Girard”) of cer­ price, will be allowed to the authorized pany. The cash and securities of each tain real estate located at the northeast distributors effecting such transactions of the above-named investment com­ corner of Eighteenth and Locust Streets, and no part thereof will be retained by panies are held in trust by a banking in­ Philadelphia, Pennsylvania. the principal underwriter. stitution under agreements with sub­ Girard is the trustee under the Inden­ It appears from the application that stantially identical provisions, with re­ ture of Mortgage dated September 15, Affiliated and American, each with a spect to the. deposit and withdrawal of 1924, as amended, covering the presently single class of common stock, are .fully- such cash and securities, except in the outstanding $2,558,000 principal amount managed investment companies, each case of Affiliated which is empowered to (exclusive of principal payments) of holding common stocks, preferred stocks, pledge its assets with banks to secure First Mortgage Bonds secured by the said and bonds in proportions which are borrowings. These companies have iden­ real estate. Legal title to said real es­ changed from time to time in accord­ tical officers and directors, some of whom tate was transferred to Girard by Penn ance with the management’s appraisal are also directors, or officers, or both of A. C. of Philadelphia on January 2. 1942. of the economic outlook. As a matter Lord Abbett. Bankers is a closed-end, non-diversi- of policy Affiliated, but not American, For a more detailed statement of the fied management investment company borrows money for the purpose of giving matters of fact and law asserted, all in­ and is registered under the Investment “leverage” to its capital stock. As of terested persons are deferred to said ap­ Company Act of 1940. Bankers owns June 30, 1948, Affiliated had $15,000,900 plication which is on file in the offices First Mortgage Bonds secured by said of borrowed money at an interest rate of the Commission in Washington, D. C. real estate in the principal amount of of 2lU% per annum and had investible Notice is further given that an order $220,500 (now reduced by principal pay­ assets of $72,343,138.59, and American granting the application, in whole or in ments to $185,691.87). Bankers also owns had net assets of $34,676,529.43. part and upon such conditions as the 2,670 shares of the 400,000 shares of the Union has six classes of capital stock Commission may see fit to imposç, may capital stock of Girard, issued and out­ authorized: Union Common Stock Fund; be issued by the Commission at any time standing or approximately 0.6675% of Union Preferred Stock Fund; Union qn or after September 10, 1948, unless its outstanding voting securities. Bond Fund “A”; Union Bond Fund “B”; prior thereto a hearing upon the appli­ Greenfield Company is a duly licensed Union Bond Fund “C”; and Union Fund cation is ordered by the Commission, as real estate broker under the laws of Special. The assets appertaining to provided in Rule N-5 of the rules and Pennsylvania. Greenfield Company is an Union Common Stock Fund, except for regulations promulgated under the act. affiliated person of Albert M. Greenfield, United States Governments, must be in­ Any interested person may, not later who, in turn, is an affiliated person of vested only in common stocks. As of than September 8, 1948, at 5:30 p. m„ Bankers. June 30, 1948, the net assets appertain­ submit to the Commission in writing his On April 26,1948, Greenfield Company ing to this class of stock amounted to views or any additional facts bearing and. Richard J. Seltzer (“Seltzer”) a $1,329,994.42. The assets appertaining upon this application or the desirability non-affiliated real estate broker, nego­ to Union Preferred Stock Fund, except of a hearing thereon, or request the tiated an agreement for the purchase for United States Governments, must be Commission in writing that a hearing be by Bankers of the real estate referred to invested only in preferred stocks. As of held thereon. Any such communication above for the sum of $1,250,000. For June 30, 1948, the net assets appertain­ or request should be addressed: Secre­ their services in negotiating the purchase ing to this class of stock amounted to tary, Securities and Exchange Commis­ of the said real estate, Girard has agreed $6,667,518.38. The assets appertaining sion, 425 Second Street, N. W., Washing­ to pay Greenfield Company and Seltzer, to Union Bond Fund “A” are invested in ton 25, D. C., and should state briefly jointly, a real estate commission of 5% good grade bonds and may not be in­ the nature of the interest of the person on the first $50,000 of the purchase price, vested in preferred or common stocks. submitting such information or request­ 4% on the next $50,000 thereof and 3% As of June 30,1948,,the net assets apper­ ing a hearing, the reasons for such re­ of the balance of the purchase price, taining to this class of stock amounted quest, and the issues of fact or law totaling $39,000, to be divided equally be­ to $699,019.36. Shares of this class of raised by the application which he de­ tween Greenfield Company and Seltzer. stock are not being currently offered to sires to controvert. The receipt by the Greenfield Company of such a real estate commission is pro­ the general public. The assets apper­ By the Commission. taining to Union Bond Fund “B” are in­ hibited by section 17 (e) (1) of the act vested in prime, good grade, and specu­ [seal] O rval L. D u B o is, unless an exemption therefrom is lative bonds and cannot be invested in Secretary. granted by the Commission pursuant to section 6 (c) of the act. preferred or common stocks. As of June [F . R. Doc. 48-7672; Filed, Aug. 26, 1848; 30, 1948, the net assets appertaining to 8:47 a. m.] All interested persons are referred to this class of stock amounted to $3,371,- said application which is on file at the 584.59. The assets appertaining to Washington, D. C. office of this Commis­ Union Bond Fund “C” are invested in sion for a more detailed statement of the matters of fact and law therein asserted. speculative bonds and cannot be invested [File No. 812-562] in preferred or common stocks. As of Notice is further given that an order June 30, 1948, the net assets appertain­ B ankers S ecurities C orp. and Albert M. granting the application may be issued ing to this class of stock amounted to G reenfield & Co. by the Commission at any time after September 3, 1948 unless prior thereto $1,370,501.46. Shares of this class of notice of application stock are not being currently offered to a hearing on the application is ordered the general public. Union Fund Special, At a regular session of the Securities by the Commission as provided in Rule designed for investment in obligations and Exchange Commission, held at its N-5 of the rules and regulations promul­ of the United States Government and office in the city of Washington, D. C., on gated under the act. high grade corporate bonds, has no the 25th day of August A. D. 1948. Any interested person may, not later shares outstanding. Notice is hereby given that Bankers than September 1, 1948, at 5:30 p. m., It further appears from the applica­ Securities Corporation (“Bankers”), a eastern daylight saving time, submit in tion that Lord Abbett is the principal registered investment company and Al­ writing to the Commission his views or Friday, August 27, 1948 FEDERAL REGISTER 5015

any additional fact bearing upon the ap­ fn and to the following property insur­ Southerly from Bank Street said point being plication or the desirability of a hearing ance policies: Fire Insurance Policy opposite the middle of the partition wall thereon or request the Commission, in dividing the house on the lot hereby con­ No. D-22263, issued by Standard Fire In­ veyed from the house adjoining on the South writing, that a hearing be held thereon. surance Company of New Jersey, Tren­ and runs thence (1) Easterly at right angles Any such communication or request ton, New Jersey, in the amount of $6,000, to North Willow Street and through the should be addressed: Secretary, Securi­ which policy insures the property situ­ middle of said partition wall 82 feet more or ties and Exchange Commission, 425 Sec­ ated at No. 138 North Willow Street, less to the rear line of lots fronting on Barnes ond Street NW., Washington 25, D. C., Trenton, New Jersey, and expires Janu­ Street; thence (2) Northerly and parallel and should state briefly' the nature of ary 22, 1950. Fire Insurance Policy No. with North Willow Street 18 feet to the the interest of the person submitting D-6047, issued by Standard Fire Insur­ Southeasterly corner of a lot of land re­ cently conveyed to James Murphy by Mary such information or requesting a hear­ ance Company of New Jersey, Trenton, Ayres Blackfair; thence (3) Westerly along ing, the reasons for such request, and New Jersey, in the amount of $6,000, the Southerly line of said James Murphy’s the issues of fact or law raised by the which policy insures the property situ­ lot 82 feet more or less to North Willow application which hes desires to contro-. ated at No. 70 Laurel Avenue, Trenton, Street, and thence (4) Southerly along that vert. New Jersey, and expires February 3,1950. street 18 feet to the place of beginning. d. That certain debt or other obliga­ By the Commission. E x h ib it B tion, owing to the persons named in sub- [seal] O rval L. D uB o is , paragraph 1 hereof, by Walter Coutier, All that certain lot, tract or parcel of land, Secretary. and premises, hereinafter particularly de­ No. 70 Laurel Avenue, Trenton, New Jer­ scribed, situate, lying and being in the City [P. R. Doc. 48-7719; Filed, Aug. 26, 1948; sey, arising from rents owing and col­ of Trenton, County of Mercer and State of 8:59 a. m.] lected from the real property described New Jersey, known as No. 70 Laurel Avenue, in subparagraph 2-a hereof, and any bounded and described as follows, to wit: and all rights to demand, enforce and Beginning at the intersection of the South­ DEPARTMENT OF JUSTICE collect the same. easterly line of Laurel Avenue with the Northeasterly line of Volk Street, and run­ Office of Alien' Property is property within the United States ning thence (1) Northeasterly along said line owned or controlled by, payable or de­ of Laurel Avenue 21.92 feet to a point in A u t h o r i t t : 40 Stat. 411, 55 Stat. 839, Pub. liverable to, held on behalf of, or on ac­ range with the Northeasterly face of the Laws 322, 671, 79th Cong., 60 Stat. 50, 925; 50 count of, or owing to, or which is evidence house on the property herein described; U. S. C. and Supp. App. 1, 616; E. O. 9193, of ownership or control by, the aforesaid thence (2) Southeasterly at right angles to July 6, 1942, 3 CFR, Cum. Supp., E. O. 9567, the said line of Laurel Avenue and passing to June 8, 1945, 3 CFR, 1945 Supp., E. O. 9788, nationals of a designated enemy country and along the Northeasterly^ace of the house Oct. 14, 1946, 11 F. R. 11981. (Germany); above-mentioned and continuing the same [Vesting Order 11833] and it is hereby determined: course beyond, 100 feet to a point; thence 3. That to the extent that the persons (3) Southwesterly and parallel with the E mma B ahnsen et al. Southeasterly line of Laurel Avenue 21.92 named in subparagraph 1 hereof are feet to a point in the Northeasterly line of In re: Real property, bond and mort­ not within a designated 6nemy country, Volk Street, and thence (4) Northwesterly gage, property insurance policies and the national interest of the United States along the said line of VoUs Street 100 feet to claim owned by Emma Bahnsen, Anna requires that such persons be treated the place of beginning. ^ Blunck, Adolf Blunck, Werner Blunck as nationals of a designated enemy Together with the right perpetually to and Anita Suhr. country (Germany). maintain a portion of the roof and gutters Under the authority of the Trading All determinations and all action re­ of the house on said premises above the ad­ quired by law, including appropriate con­ joining land on the Northeasterly side thereof With the Enemy Act, as amended, Execu­ as at the present constructed, and to enter tive Order 9193, as amended, and Execu­ sultation and certification, having been upon said lands whenever necessary for the tive Order 9788, and pursuant to law, made and taken, and, it being deemed purpose of making repairs to the same or to after investigation, it is hereby found: necessary in the national interest, the Northeasterly wall of said house. * 1. That Emma Bahnsen, Anna Blunck, There is hereby vested in the Attorney General of the United States the prop­ [F. R. Doc. 48-7693; Filed, Aug. 2ff, 1948; Adolf Slunck, Werner Blunck and Anita 8:50 a. m.] Suhr, whose last known addresses are erty described in subparagraph 2-a Germany, are residents of Germany and hereof, subject to the mortgage referred nationals of a designated enemy country to in subparagraph 2-b .hereof and re­ (Germany); corded liens, encumbrances and other [Return Order 166]> 2. That the property described as fol­ rights of record held by or for persons lows: who are not nationals of designated M arcel D el D f&go a. Real property, situated in the City enemy countries, and Having considered the claim set forth of Trenton, County of Mercer, State of There is hereby vested in the Attorney below and having issued a Determina­ New Jersey, particularly described in General of the United States the prop­ tion allowing the claim, which is incor­ Exhibits A and B, attached hereto and erty described in subparagraph 2-b to porated by reference herein and filed by reference made a part hereof, to­ 2-d hereof, inclusive. gether with all hereditaments, fixtures, All such property so vested to be held, herewith, improvements and appurtenances there­ used, administered, liquidated, sold or It is ordered, That the claimed prop­ to, and any and all claims for rents, re­ otherwise dealt with in the interest of erty, described below and in the Deter­ funds, benefits» or other payments, aris­ and for the benefit of the United States. mination, be returned, subject to any in­ ing from the ownership of such property, The terms “national” and “designated crease or decrease resulting from the ad­ b. A mortgage, executed on May 13, enemy country” as used herein shall have ministration thereof prior to return, and 1924, by Louis Schweizer and Ida the meanings prescribed in section 10 of after adequate provision for taxes and Schweizer, his wife, to Henry C. Blunck Executive Order 9193, as amended. conservatory expenses: and Minnie R. Blunck, and recorded on Executed at Washington, D. C., on Claimant and Claim Number; Notice of In­ May 13, 1924, in the Office of the County tention to Return Published; Property Clerk of Mercer County, New Jersey, in August 18, 1948. Liber 368 of Mortgages, at page 340, and For the Attorney General. Marcel Del Drago, 40 Via Nicola Martelli, any and all obligations secured by said Rome, Italy, Claim No. 9360; July 15, 1948 mortgage including but not limited to all [seal] D avid L. B azelon, (13 F. R. 4032); $36,610.86 iri th e Treasury security rights in and to any and all col­ Assistant Attorney General, of the United States. All right, title, inter­ lateral (including the aforesaid mort­ Director, Office of Alien Property. est and claim of any kind or character what­ soever of Marcel Del Drago in and to the gage) for any and all such obligations, E x h ib it A and the right to enforce and collect such trust created under Paragraph Eighth of the obligations, and the right to possession All that certain lot of land and premises will of Josephine Del Drago, deceased; Trus­ of any and all notes, bonds and other in­ situate in the City of Trenton, County of tee: Corn Exchange Bank Trust Company, Mercer, State of New Jersey, bounded and New York, New York. struments evidencing such obligations, described as follows, to wit: c. All right, title and interest of the Beginning on the Easterly side of North Appropriate documents and papers ef­ persons named in subparagraph 1 hereof, Willow Street at a point distant 68 feet fectuating this order will issue. 5016 NOTICES Executed at Washington, D. C., on Executed at Washington, D. C., on baldi in and to a trust created under the , will of Morton MacMichael, deceased. August 23, 1948. August 20, 1948. For the Attorney General. Executed at Washington, D. C., on For the Attorney General. August 20, 1948. [ s e a l ] D a vid L . B a z e l o n , [ s e a l ] D a vid L . B a z e l o n , Assistant Attorney General, For the Attorney General. Assistant Attorney General, Director, Office of Alien Property. Director, Alien Property. [ s e a l ] H aro ld L B a y n t o n , [P. R. Doc. 48-7694; Filed, Aug. 26, T948{ Deputy Director, [F. R. Doc. 48-7698; Filed, Aug. 26, 1948; 8:50 a. m.] Office of Alien Property. 8:50 a. m.] [F. R. Doc. 48-7696; FUed, Aug. 26, 1948; 8:50 a. m.] A l e x H ir s c h b e r g [Return Order 173] NOTICE OF INTENTION TO RETURN VESTED C o m p a g n ie E l e c t r o -M é c a n iq u e PROPERTY J o s e p h W. H e il e r Having considered the claim set forth Pursuant to section 32 (f) of the Trad­ below and having issued a Determina­ NOTICE OF INTENTION TO RETURN VESTED ing With the Enemy Act, as amended, tion allowing the claim which is incor­ PROPERTY notice is hereby given of intention to porated by reference herein and filed Pursuant to section 32 (f) of the return, on or after 30 days from, the date herewith, Trading With the Enemy Act, as amend­ of the publication hereof, the following It is ordered, That the claimed prop­ ed, notice is hereby given of intention property located in Washington, D. C., erty, described below and in the Deter­ to return, on or after 30 days from the including all royalties accrued there­ mination, including all royalties accrued date of the publication hereof, the fol­ under and all damages and profits recov­ thereunder and all damages and profits lowing property, subject to any increase erable for past infringement thereof, recoverable for past infringement there­ or decrease resulting from the adminis­ after adequate provision for taxes and of, be returned after adequate provision conservatory expenses: t ' : taxes and conservatory expenses: tration thereof prior to return, and after adequate provision for taxes and con­ Claimant; Claim No.; Property Claimant and Claim Humber; Notice of In­ servatory expenses: Alex Hirschberg, London, England; 4788 tention to Return Published; Property ». Claimant; Claim No.; Property and Location and A—425; Property described in Vesting C om pagnie Electro-Mecanique, Paris, Order No. 201, dated October 2, 1942 (8 F. R. Prance, 28174; July 15, 1948 (13 P. R. 4032) ; Joseph W. Heiler, Portland, Oregon; 2955; 625, January 16, 1943) relating to U nited Property described in Vesting Order No. 666 Real property situated in the City of Port­ States Letters P aten t Nos. 2,045,905; 2,219,866. (8 P. R. 5047, April 17, 1943), relating to land, County of Multnomah, Oregon, par­ U nited States Letters P aten t No. 2,149,510. ticularly described as Lots 1 and 2, Block 61 Executed at Washington, D. C., on This return shall not be deemed to include Stephens Addition to East Portland, Except August 20,1948. portions thereof which have been taken for the rights oi any licensees under the above For the Attorney General. patent. the widening of Grand Avenue, now SE Grand Avenue, and Hawthorne Avenue, now [ s e a l ] D a v id L . B a z e l o n , ' Appropriate documents and papers ef­ SE Hawthorne Boulevard, together with all Assistant Attorney General, fectuating this order will issue.. fixtures, improvements and appurtenances thereto. $253.13 in th e Treasury of th e Director, Office of Alien Property. Executed at Washington, D. C., on United States. [F. R. Doc. 48-7699; Filed, Aug. 26, 1947; August 20, 1948. Executed at Washington, D. C., on 8:51 a. m.] For the Attorney General. August 20, 1948. [ s e a l ] D a vid L . B a z e l o n , For the Attorney General. Assistant Attorney General, K u r t R o t h s c h il d [ s e a l ] H a ro ld I. B a y n t o n , Director, Office of Alien Property. Deputy Director, n o t ic e o f i n t e n t i o n t o r e t u r n T e s t e d [F. R. Doc. 48-7695; Filed, Aug. 26, 1948; Office of Alien Property. PROPERTY 8:50 a. m.] [F. R. Doc. 48-7697; Filed, Aug. 26, 1948; Pursuant to section 32 (f) of the Trad­ 8:50 a. m.] ing With the Enemy Act, as amended, notice is hereby given of intention to return, on or after 30 days from the date H o p e M acM ic h a e l G a r ib a ld i o f the publication hereof, the following property, subject to any increase or de­ NOTICE OF INTENTION TO RETURN VESTED H e l l a H il d e H e y m a n crease resulting from the administration PROPERTY n o t ic e o f i n t e n t i o n t o r e t u r n v e s t e d thereof prior to return, and after ade­ Pursuant to section 32 (f) of the PROPERTY quate provision for taxes and conserva­ Trading With the Enemy Act, as amend­ tory expenses: ed, notice is hereby given of intention Pursuant to section 32 (f ) Qf the Trad­ Claimant; Claim No.; Property and Location ing With the Enemy Act, as amended, to return, on or after 30 daysfrom the Kurt Rothschild, Flushing, Long Island, date of the publication hereof, the fol­ notice is hereby given of intention to New York; 7553; $6,352.39 in th e Treasury .of lowing property, subject to any increase return, on or after 30 days from the date the United States. ' of the publication hereof, the following or decrease resulting from the adminis­ Executed at Washington, D. C., on tration thereof prior to return, and after property, subject to any increase or de­ adequate provision for taxes and con­ crease resulting from the administration August 20, 1948. servatory expenses: thereof prior to return, and after ade­ For the Attorney General. quate provision for taxes and conserva­ Claimant; Claim No.; Property and Location tory expenses: [ s e a l ] H a ro ld I. B a y n t o n , Deputy Director, Hope MacMichael Garibaldi, 9 Viale Rbs- Claimant; Claim No.; Property and Location sini, Rome, Italy; 31821; $33,170.10 in the Office of Alien Property. Treasury of the United States. All right, Hella Hilde Heyman, New York.JJew York; 6814; $23,913.53 in th e Treasury of the U nited [F. R. Doc. 48-7700; Filed, Atlg. 26, 1948; title, interest and claim of any kind or char­ 8:51 a. m.] acter whatsoever of Hope MacMichael GaxU States.