;
1 1 » r r * D i \ FEDERAL REGISTER
VOLUME 13 ^O /ifTEO ^ NUMBER 228
Washington, Tuesday, November 23, 1948
except that claims of common carriers CONTENTS TITLE 4— ACCOUNTS for transportation services rendered for Chapter I— General Accounting Office the account of the United States should Agriculture Department Pa*e be filed with the Transportation Division, Notices: P art 2—R evision, R eopening, R eview of General Accounting Office, Washington Office of hearing examiners; or S ettlements 25, D. C., and claims pertaining to postal ganizational statement------6891 matters including transporting the mails P art 4—Accounts and Claims Proposed rule making: - should be filed with the Postal Accounts Lemons in California and Ari P art 12— Organization and D esignations Division, General Accounting Office, zona ------6884 of E m plo yees to Act as or for the Asheville, North Carolina. No particu Raisins produced from raisin C omptroller G eneral of the U nited lar form for filing claims, except that variety grapes in California- 6884 S tates prescribed in connection with claims for Rules and regulations: amounts due deceased persons, is P art 13—D ecisions of the Comptroller Office of Information; discon G eneral of the United S tates required. tinuance of codification------6879 § 4.3 Information relating to claims. Potatoes, Irish, in Oregon and MISCELLANEOUS AMENDMENTS Information relating to claims may be California-----.------1------6879 Novem ber 17, i948. obtained by claimants or their authorized Alien Property, Office of 1. Section 2.1 is amended to read asrepresentatives by addressing the same . Notices: follows: division with which the matter was Vesting orders, etc.: originally filed or the General Account Aschenbrenner, Wenzel------6897 . § 2.1 Applications tor review; time; ing Office, 5th and P Streets, N. W., Harlan, Samuel, J r ------6899 requirements, (a) Settlements made Washington 25, D. C. Interviews will be Hasegawa, Isao Harry------6898 after July 1,1921, will be reviewed, in the accorded claimants or their authorized Hashimoto, Kenichi------6898 discretion of the Comptroller General, representatives at Room 201, at the latter Jungbluth, Karl------6897 upon the written application of: address. -(Sec. 309, 311 (f), 42 Stat. 25; Moutzouridou, Michaela------6898 (1) A claimant whose claim has been 31 U. S. C. 49, 52 (f)) Oshimo, Hideaki______6898 settled. Suzuki, Usaburo------6897 (2) A disbursing officer whose accounts 3. The codification of Parts 12 and 13 is hereby discontinued. Future amend Civil Service Commission have been settled. ments to these provisions will appear in (3) A certifying officer responsible un Rules and regulations: the Notices , section of the F ederal R eg der the act of December 29,1941, 55 Stat. Appointment through competi 875. is t e r . tive system; apportionment- 6877 L in dsa y C. W arren, (4) The head of the department or Domestic Commerce, Office of Government establishment to which the Comptroller General claim or account relates. of the United States. Rules and regulations: (5) Upon the motion of the Comptrol Allocations and export priori [F. R. Doc. 48-10167; Filed, Nov. 22, 1948; ties system, operation; use ler General. 8:47 a. m.] (b) Applications for review should and effect of certified export state the error or incorrectness of the orders for nitrogenous ferti- settlement. An application in general TITLE 5— ADMINISTRATIVE lizer materials------6879 terms will not be sufficient ordinarily to PERSONNEL Federal Communications Com induce the discretion to review, and par mission ticularly not where claimant is repre Chapter I— Civil Service Commission Notices: sented by attorney or agent. P art 2—Ap po in tm en t T hrough th e Hearings, etc.: (c) It shall be necessary, unless other C o m p et it iv e S y st e m KCSB______6892 wise directed by the Comptroller Gen KUGN and KUGN-FM------6892 eral on the presentation of proper facts ELEVATOR OPERATOR POSITIONS EXCLUDED White Mountain Broadcast in the particular case, that the warrant FROM APPORTIONMENT ing Co______6892 or check issued upon a settlement must Effective November 16, 1948, § 2.110 WKLV______6892 not be cashed where its amount includes (a) (2) (vi) is amended by the addition General Accounting Office any item as to which reveiw is applied for, of the position of Elevator Operator to but should accompany the application positions excluded from apportionment. Rules and regulations: Accounts and claims------6877 for review. (Secs. 309 311 (f), 42 Stat. As amended, the subdivision reads as fol 25; 31 U. S. C. 49, 52 / wlS CONTENTS— Continued CODIFICATION GUIDE— Con. Public Housing Administration Pa"e Title 7— Agriculture— Con. page FEDERAL^pEGISTER Rules and regulations: Chapter IX—Production and Urban low-rent housing and M ark etin g Administration slum clearance program; re (Marketing Agreements and quirements______6881 . Orders)—Continued Published daily, except Sundays, Mondays, Securities and Exchange Com Part 989—Raisins producedTfrom and days following official Federal holidays, raisin variety grapes grown in by the Division of the Federal Register, the mission National Archives, pursuant to the authority Notices: California (proposed)______6884 contained in the Federal Register Actv ap Hearings, etc.: C h a p t e r X X I — Organization, proved Ju ly 28, 1935 (49 Stat. 500, as American Gas and Electric Functions and Procedure: amended; 44 TT. S. C., ch. 8B), under regula Co. and American Gas and Part ¿204—Office of Informa tions prescribed by the Administrative Com tion ------« 6879 mittee, approved by the President. Distribu Electric Service Corp_____ 6894 tion is made only by the Superintendent of Commonwealth & Southern Title 15— Commerce Documents, Government Printing Office, Corp------6893 Chapter HI—Office of Domestic W ashington 25, D. C. Kentucky Utilities Co______6895 Commerce, Department of The regulatory material appearing herein is Newmont Mining Corp. et al_ 6896 Commerce: keyed to the Code of Federal Regulations, North American Co. and Un Part 336—Regulations applica which is published, under 50 titles, pursuant ble to operation of the allo to section 11 of the Federal Register Act, as ion Electric Co. of Missouri, 6893 amended Ju n e 19, 1947, Northern States Power Co__ 6896 cations and export priorities The F ederal R egister will be furnished by Public Service Co. of New system______6879 mail to subscribers, free of postage, for $1.50 Hampshire______6895 Title 18— Conservation of Power per month or $15.00 per year, payable in ad Social Security Administration Chapter IV—Southwestern Power vance.. The charge for individual copies (minimum 15 TITLE 7—‘AGRICULTURE for Potatoes (12 F. R. 3651). (48 Stat. 31, Emergency Food Committee of the as amended; 7 U. S. C. 601 et seq.) United Nations. Under these recommen dations the United States participation Chapter IX— Production and Market Done at Washington, D. C., this 19th ing Administration (M a r k e t i n g consists of the exports mentioned above day of November 1948. (which are the same as for last year) Agreements and Orders) [ sea l] M. W. B aker, and of imports representing 199,004 short Acting Director, tons of nitrogen (an increase of 11,000 P art 959—I r ish P otatoes G row n in th e C o u n ties op C rook, D esc h u t e s, and Fruit and Vegetable Branch. short toni over last year). One-half of K lamath, O regon, and M odoc and S i s [P. R. Doc. 48-10283; Filed, "Nov. 22, 1948; the export requirements are to be sup plied from Army production, pursuant k iy o u , C alifornia 9:29 a. m.] to Public Law 606, 80th Congress and LIMITATION OP SHIPMENTS Public Law 793, 80th.Congress. § 959.302 Limitation of shipments; Assistance for Exporters Chapter XXI— Organization, Regulation No. 2— (a) Findings. (1) (b) How exporters get assistance. Ex Pursuant to Order No. 59 (7 F. R. 365) Functions, and Procedure port priorities assistance for exporters regulating the handling of potatoes P art 2204—Of f ic e o f I nformation will consist of authorization to place CXN grown in the Counties of Crook, De certified export orders for their mate schutes, and Klamath in the State of Ore discontinuance o f codification rials, which will give such orders the gon, and Modoc and Siskiyou in the State The codification of Part 2204 is dis preferential status explained in para of California, effective under the appli graph (f) below. Except for exports to cable provisions of the Agricultural Mar continued. Future amendments to de scriptions of organization and functions Canada, this authorization will be issued, keting Agreement Act of 1937, as amend upon behalf of ODC, by the Office of In ed (7 U. S. C. 601 et seq.), and upon will appear in the Notices section of the F ederal R eg ist e r . ternational Trade in connection with the the basis of recommendations and infor issuance of the related export licenses, mation submitted by the Administrative [ sea l] K e it h Him ebaugh, and exporters desiring to obtain such Committee established under said mar Director of Information. priorities assistance should apply by keting order, and other available infor [F. R. Doc. 48-10170; Filed, Nov. 22, 1948; letter to the Office of International mation, it is hereby found that sueh limi 8:47 a. m.] Trade, Department of Commerce, Wash tation of shipments of potatoes as here ington 25, D. C., Ref.: AR 2, Direction 4A. inafter provided will tend to effectuate In these cases authorization to use the the declared policy of the act. TITLE 15— COMMERCE symbol CXN will not be given except (2) It is hereby found that it Is im Chapter III— Bureau of Foreign and where an export license is also given. practicable and contrary to the public For priorities assistance on exports to interest to give preliminary notice, en Domestic Commerce, Department of Canada, exporters should apply by letter gage in public rule-making procedure, Commerce to tl*e ODC. and postpone the effective date of this [Allocations Reg. 2, Direction 4A as Amended (c) How exporters use the symbol CXN. section until 30 days after publication Nov. 22, 1948] (1) When an exporter has been author thereof in the F ederal R eg ister (5 U. S. C. ized in writing by the Office of Interna 1001 et seq.) in that (i) shipments of P art 336—R egula tions Applic a ble to tional Trade to use the symbol CXN on potatoes grown in the area are ^already O peration o f th e Allocations and purchase orders for specified quantities being made in volume for the current E x po rt P r io r it ie s S y st e m of nitrogenous fertilizer materials, he season and such shipments will continue u s e and e f fe c t o f c e r tified expo rt orders should place on his purchase order the in seasonal volume for the next several FOR NITROGENOUS FERTILIZER MATERIALS symbol CXN, the export license number months, (ii) the limitation of shipments <1948-49 EXPORT PROGRAM) given by the Office of International of said potatoes pursuant hereto must be Direction 4A, as amended October 28, Trade, and the country of destination. made effective on the date hereinafter In addition, he should furnish to his set forth to effectuate the declared policy 1948, is hereby further amended to read of the act, (lit) information with respect as follows: supplier a certificate, signed manually or as described in Allocations Regula to recommendations of the aforesaid Ad The fulfillment of requirements for the ministrative Committee did not become tion 1, in substantially the following defense of the United States has created form: available until after their meeting on a shortage in the supply of nitrogenous November 17, 1948, (iv) information re I certify, subject to the penalties of Sec fertilizer materials for defense, for pri tion 35A of the United States Criminal Code, garding recommendations of the com vate account and for export; and the mittee has been disseminated to produc that the nitrogenous fertilizer materials following direction is deemed necessary covered by this purchase order are within ers and handlers of potatoes grown in the and appropriate in the public interest the quantity which the Department of Com area and the limitation hereinafter set and to promote the national defense and merce* has authorized me to purchase by forth is identical with the recommended to effectuate the policies set forth in the carders identified with the symbol CXN for limitation, (v) compliance with such lim shipment to the specified country of destina legislation under which this direction is tion, under the export license number speci itation does not require any special prep administered. aration on the part of persons subject fied. Purpose thereto which cannot be completed on or In the case of CXN authorizations for before the effective date hereof, and (vi) (a) Purpose. This direction explains export to Canada, the exporter will not a reasonable time is permittedjinder the how the Office of Domestic Commerce, supply ah export license number and circumstances for such preparation. Department of Commerce, will give ex should delete from his certificate the (b) Order, (1) During the period port priorities assistance for carrying out words "under the export license number beginning November 29,1948 and ending the 1948-49 nitrogenous fertilizer mate specified.” June 30, 1949, both dates inclusive, no rials export program. This includes as (2) Exporters who have received au handler shall ship potatoes subject to sistance to exporters for getting the thorization to place CXN certified orders regulation pursuant to Order No. 59 materials for export and also assistance for ammonium nitrate should communi which are of sizes less than 2 inches in to converters for getting anhydrous am cate with the ODC for instructions as diameter or which are of sizes less than 4 monia needed to fill orders from export to placing such orders. These instruc- ounces in weight, subject to tolerance for ers, if thé converters do not produce toins will be based upon the quantities size determined in accordance with the anhydrous ammonia themselves. The and time schedules for ammonium ni U. S. Standards for Potatoes. 1948-49 export program is for the ship trate to be made available by the De (2) Size determinations p u r s u a n t ment of nitrogenous fertilizer materials partment of the Army under existing hereto shall be in accordance with the containing 61,287 short tons of nitrogen, law. CXN certified orders for other types U. S. Standards for Potatoes. broken down by countries as shown in of nitrogenous fertilizer materials au (3) Terms used herein shall have the Table 1 helow. The program is based thorized may be placed with producers of same meaning as when used in Order No. upon international distribution recom the particular materials or agents of such 59 or as when used in the U. S. Standards mendations made by the International producers.. When an order bearing the 6880 RULES AND REGULATIONS symbol CXN and the certificate is placed fertilizer materials cetrifled under this hydrogen resulting from electrolytic-cell with a producer’s agent, it has the same direction must be placed with the sup operations need not accept certified or effect as though it had been placed with plier of the material (a converter or ders under this direction. the producer. other manufacturer) no later than the Revalidation of Certified Orders Already Assistance for Converters ' close of business on December 15, 1948. Purchase orders certified under this di Placed (d) How converters get assistance. rection for anhydrous ammonia, required (h) Revalidation of certified orders Export priorities assistance for convert to manufacture the certified export or already placed. Irrespective of the ers will consist of authorization by ODC der for the fertilizer materials, must be deadline date of October 31, 1948 speci to place certified orders for anhydrous placed with a producer of anhydrous am fied in Direction 4A to AR 2, as issued on ammonia needed to fill CXN certified or monia no later than the close of business July 22, 1948, any certified purchase or ders received by them from exporters. on December 31,1948. All authorizations der for the export of fertilizer materials A “converter” is a person who produces heretofore issued by OIT and ODC to and any certified order for anhydrous nitrogenous fertilizer materials but does place certified orders either for the pur ammonia, which has been placed with a not make any of the nitrogen used in chase of nitrogenous fertilizer materials commercial supplier prior to the date such production. or for the purchase of anhydrous ammo of issue of this Direction 4A as amended When a converter has received a CXN nia are hereby revalidated, irrespective (November 22, 1948), must be treated by certified export order, he should notify of the deadline date in effect at the time the supplier as a certified export order the ODC by letter, stating the name of the authorization was issued. Certified and must be accepted, scheduled and de the purchaser, the export license num purchase orders for the export of ferti livered accordingly, subject to the lim ber, the country of destination, the quan lizer materials placed after the close of itations specified in paragraphs (g) (2) tity of material ordered, the quantity of business on December 15, 1948 and cer and (g) (3) above. anhydrous ammonia needed, and the tified orders for anhydrous ammonia date by which it should be delivered in placed after the close of business on De General Provisions order to fill the CXN export order. The cember 31, 1948, need not be treated as (i) Assistance in finding suppliers. If ODC will then issue to the converter an certified orders by the person with whom any exporter authorized to use the sym authorization to place certified orders they are placed. bol CXN is unable to find a supplier to for an approved quantity of anhydrous (2) Limit to 30% of production in any accept his order, he may apply to the ammonia to the extent available, and month. No commercial supplier need ODC which will, wherever possible, refer will specify whether the ammonia is to deliver against certified orders in any him to other suppliers who have avail be obtained from commercial sources or month more than 30% of his total pro able supplies. from Army Ordnance plants. duction q£ the particular type of mate (J) Delegations. The Office of Inter (e) How converters use export pref rial in that month. A certified purchase national Trade,- Department of Com erence certificates. When a converter order calling for more than such 30% of merce, may, upon behalf of the ODC, has been authorized, in writing, to place the supplier’s total production may not authorize exporters to use the symbol a certified export order for specified be totally rejected by the supplier for CXN under this direction on purchase quantities of anhydrous ammonia, he that reason. The order must be accepted orders for nitrogenous fertilizer mate should place on his purchase order, a and filled up to an amount which, either rials for export (except exports to Can certificate, signed manually or as pre alonq, or when added to other certified ada) but only to the extent under the scribed in Allocations Regulation 1, in orders totals the 30% limit. Any bal conditions authorized by the ODC in substantially the following form: ance over and above such amount need writing and transmitted to the Office of I certify, subject to the penalties of Sec not be treated as part of the certified International Trade. The Office of In tion 35A of the United States Criminal Code, order. ternational Trade may exercise this au that the anhydrous ammonia covered by this (3) Ceiling on orders against produc thority through such of its officials as purchase order is within the quantity which ers. Except in the case of a converter, the Director of that Office may deter the Office of Domestic Commerce* has au mine. thorized me to purchase by certified export no producer of nitrogenous compounds orders in accordance with Direction 4A to (including anhydrous ammonia) or other (k) Appeals. Any person who con Allocations Regulation 2. nitrogenous fertilizer materials need siders that compliance by himself with accept purchase orders certified under this direction would work an exceptional Effect of Certified Export Orders this direction calling for more nitrogen and unreasonable hardship on him may (f) Effect of certified export orders. than 3.25% of his total production of appeal to the Office of Domestic Com Any purchase order for fertilizer mate nitrogen (in all forms) during the fer merce for xelief. The appeal must be rial or for anhydrous ammonia certified tilizer year July I, 1947-June 30, 1948, prepared ana presented in conformity to under this direction and placed with a if he was in production during the whole the provisions of Allocations Regula commercial supplier must be treated as of that year. A certified purchase order tion 3. a certified export order under Alloca for nitrogenous compounds (including (l) Reports— (1) From persons plac tions Regulation 2, and must be accepted, anhydrous ammonia) or other nitroge ing certified orders. Whenever any scheduled and delivered accordingly. nous fertilizer materials, which calls for person places a certified order under this' The rules of Allocations Regulation 2 ap more than 3.25% of the producer’s total direction, he must immediately notify ply, except to the extent that this direc production of nitrogen (in all forms) ODC, in writing, of the names of the sup tion is inconsistent with these rules. during the fertilizer year July 1, 1947- pliers, the tonnages ordered, and the Paragraph (g) below contains certain June 30,1948, may not be totally rejected months specified for delivery. special rules which limit the effect of by the producer for that reason. It must (2) From producers. Producers (in such certified orders under this direction. be accepted and filled by him up to an cluding converters) of nitrogenous com In the case of Certified purchase orders amount which, either alone or when pounds (including anhydrous ammonia) placed with the Department of the Army, added to other certified orders totals the or of nitrogenous fertilizer materials the certification serves to identify the 3.25% limit. Any balance over and above must file such reports as may be re orders as eligible for materials to be such amount need not be treated as part quired, with the ODC, subject to the ap made available by that Department un of the certified ordtt*. proval of the Bureau of the Budget. der existing law. If such producer w nitrogenous com (m) Communications. E x c e p t as (g) Limitation on the effect of certi pounds was not in production during the otherwise specifically stated above, all fied orders. The effect of certified ex communications regarding this order, whole of that year, he may request the and all reports under this order, should port orders is subject to the following ODC to establish an appropriate ceiling limitations intended to minimize their be addressed to the Chemicals Division, based on production estimates, in order Office of Domestic Commerce, Depart impact upon domestic needs. These to limit his general obligation to accept ment orCommerce, Washington 25, D. C., limitations apply in all cases, except and fill certified orders placed with him. R ef: AR 2, Dir. 4A. where otherwise directed by ODC be (4) Producers from by-product hy cause of special circumstances. Note: The reporting requirements of this drogen. Because of specialized indus direction have been approved by the Bureau (1) Time limit on placing certified or trial conditions, persons who produce of the Budget in accordance with the Federal ders. Purchase orders for the export of anhydrous ammonia from by-product Reports Act of 1942. 6881 i Tuesday, November 23, 1948 FEDERAL REGISTER (Pub. Laws 188, 606,793,80th Cong.; E. O. TITLE 24— HOUSING CREDIT Chapter Vili— Office of the Housing 9841, Apr. 23, 1947, 12 F. R. 2645; Mate 0 Expediter Chapter VI— Public Housing rials Control Reg. 1, as amended May 7, [Controlled Housing Rent Reg.,1 Arndt. 49] 1948, 13 F. R. 2508) Administration P art 825—R en t R egula tions U nder t h e Issued this 22d day of November 1948. P art 610—L o w -R e n t H ousing and S l u m H ousing and R en t Act o f 1947, as C learance P ro gram : P rocedures O f f ic e o f D o m estic Amended C o m m erce, REQUIREMENTS FOR URBAN LOW-RENT R aymond 8 . H oover, HOUSING AND SLUM CLEARANCE controlled h o u sin g r en t regulation Issuance Officer. Section 610.4131 is hereby amended, The Controlled Housing Rent Regula T able I, 1948-49 Nitrogenous F ertilizer effective immediately, to read as follows: tion (§§ 825.1 to 825.12) is amended in Materials Export Program the following respects: § 610.413 Insurance and bonds during E xport management— (a) Coverages. The re 1. Schedule ‘A, item 96a, is amended Q uantities quired coverages are: fire and extended to describe the counties in the Defense- (short tons of Rental Area as follows: “In Montgomery Country of destination: n itrogen ) coverage; earthquake in localities where C anada______— ------1,102 such Insurance is commonly carried; County, Union Township and all of New China and> Formosa. ------17,471 workmen’s compensation; owners’, land Market.” France and Empire------j .— 12,015 lords’ and tenants’ public liability (ex This decontrols all of the Crawfords- Greece______8,858 cluding property damage); automobile, vllle, Indiana, Defense-Rental Area ex India ______4,409 owned and non-owned, boiler (if boilers cept Union Township and all of New Netherlands______—------.——. 10, 050 have been installed); burglary and inside Market. Netherlands East Indies------2------1,249 2. Schedule A, item 163, is amended to Philippines—------3,417 robbery; outside robbery; and fidelity Latin A m erica.______7,716 bonds. Other types of insurance may be describe the Counties in the Defense- obtained only with the prior written ap Rental Area as follows: “Adams and Total export program______61,287 proval of the PHA. Pike.” This decontrols Amite and Wilkinson [F. R. Doc. 48-10284; Filed, Nov. 22, 1948; (b) Limitations. The Local Authority 9:43 a.m .] shall obtain insurance from financially Counties, State of Mississippi, in the sound and responsible insurance com Centreville, Mississippi, Defense-Rental panies for each development in the cov Area. TITLE 18— CONSERVATION erages, types, and amounts or limits pre 3. Schedule A, item 333c, is amended scribed by the PHA. Such insurance to describe the Counties in the Defense- O f POWER shall be payable in such manner, with Rental Area as follows: “In Cache Coun Chapter IV— Southwestern Power Ad such insurers, and at such costs as may ty, the Cities of Logan, North Logan, Logan Heights, Providence, Hyde Park ministration, Department of the be approved by the PHA. Fire and extended coverage insurance and Smithfield.” Interior and owners’, landlords’ and tenants’ pub This decontrols all of the Logan, Utah, P art 500—O rganization and P rocedure lic liability insurance purchased by the Defense-Rental Area except the Cities Local Authority shall be obtained after of Logan, North Logan, Logan Heights, ASSISTANT ADMINISTRATOR, ACTING ADMIN Inviting competitive bids. In inviting Providence, Hyde Park and Smithfield. ISTRATOR AND ACTING ASSISTANT ADMINIS such bids, the Local Authority shall not TRATOR (Sec. 204 (d), 61 Stat. 197, as amended discriminate against either stock or mu by 62 Stat. 37 and by 62 Stat. 94; 50 C r o ss R e f e r e n c e : For additional In tual companies. Insurance shall be U. S. C. App. 1894 (d). Applies sec. 204 formation concerning organization of the awarded to the lowest bidder provided (c), 61 Stat. 197, as amended by 62 Stat. Southwestern Powér Administration, see the lowest bid is reasonably within range 37 and by 62 Stat. 94; 50 U. S. C. App. F. R. Doc. 48-10169 in the Notices section, of the lowest net costs known to be 1894 (c)) infra. available to the Local Authority. With the prior approval of the PHA, the Local This amendment c'ball become effec Authority may award the insurance to tive November 23, 1948. TITLE 20— EMPLOYEES’ other than the lowest bidder if the award Issued this 18th day of November 1S48. Is made on a bid which is also reasonably BENEFITS within range of the lowest net costs T igh e E . W oods, Chapter III— Social Security Adminis known to be available to the Local Au Housing Expediter. tration (Old-Age and Survivors In thority, and if the Local Authority de Statement To Accompany Amendment 49 termines that such an award is in the surance), Federal Security Agency to the Controlled Housing Rent Regu best interest of the low-rent housing pro lation [Regs. 8, Arndt.] gram in the community. Net cost is con strued to mean the estimated cost after It is the judgment of the Housing Ex P art 403—F ederal O ld-A ge and deducting from the gross deposit prem pediter that the need for continuing S urvivors I nsurance ium any anticipated dividend based on maximum rents in the portions of the MAGAZINE AND NEWS VENDORS’ SERVICES- the dividend-paying record of the com Defense-Rental Areas specified below no pany for the previous ten years. longer exists due to the fact that the de Correction Certified duplicate copies of all poli mand forjrental housing accommoda In Federal Register Document 48- cies and bonds shall be submitted to the tions has been reasonably met: 10141, appearing on page 6839 of the issue PHA not less than 80 days prior to the 1. All of the Crawfordsville, Indiana, for Saturday, November 20, 1948, the effective date thereof for review to de Defense-Rental Area, except Union following correction to amendatory termine compliance with these require Township and all of New Market. paragraph 2 should be made: Paragraph ments. 2. Amite and Wilkinson Counties, (B) should read as follows: (c) Public liability claims. Insurance State of Mississippi, in the Centreville, companies shall not be permitted to de Mississippi, Defense Rental Area. (B) Service performed by an Individual In, fend any public liability claim on the and at the time of, the sale of newspapers or ground of immunity of the Local Author 3. All of the Logan, Utah, Defense- magazines to ultimate consumers, under Rental Area, except the Cities of Logan, an arrangement under which the newspapers ity. (50 Stat. 888, as amended; 42 U. S. C. or magazines are to be sold by him at a fixed 1401 et seq.) North Logan, Logan Heights, Providence, price his compensation being based on the Hyde Park and Smithfield. [ sea l] J ohn T a y lOr E gan, retention of the excess of such price over Commissioner. This amendment is therefore being is the amount at which the newspapers or mag sued to decontrol said portions of said azines are charged to him, whether or not [F. R. Doc. 48-10181; Filed, Nov. 22, 1948J Defense-Rental Areas in accordanco he is guaranteed a minimum amount of 9:01 a. m.] compensation for such service, or is entitled W to be credited with the unsold newspapers ■* Part 610, formerly Part 601, appeared in 1 13 F. R. 5706, 5788, 5783, 5937, 6246, 6283, or magazines turned back; or 10 F. R. 7321. 6411, 6556. 6882 RULES AND REGULATIONS with section 204 (c) of the Housing and 2. Amite and Wilkinson Counties, (A) By striking out the second para Rent Act of 1947, as amended. State of Mississippi, in the Centreville, graph and inserting in lieu thereof the [P. R. Doc. 48-10194; Filed, Nov. 22, 1948; Mississippi, Defense-Rental Area. following: 8:52 a. m.] 3. All of the Logan, Utah, Defense- Rental Area, except the Cities of Logan, § 29.115-1 Dividends. * * * North Logan, Logan Heights, Providence, In the case of a corporation which, Hyde Park and Smithfleld. under the law applicable to the taxable [Rent Reg. for Controlled Rooms In Rooming This amendment is therefore being is year in which a distribution is made, is Houses and Other Establishments,1 Arndt. sued to decontrol said portions of said a personal holding company or which, 49] Defense-Rental Areas in accordance with for the taxable year in respect of which a distribution is made under section 504 P art 825—R en t R eg ula tion s U nder th e section 204 (c) of the Housing and Rent Act of 1947, as amended. (c ), relating to dividends paid within 2l/2 H ousing and R en t A ct o f 1947, as * months after the close of the taxable A mended [F. R. Doc. 48-10193; Filed, Nov. 22,„1948; year, or section 506, relating to deficiency 8:52 a. m.] RENT REGULATION FOR CONTROLLED ROOMS dividends, or corresponding provisions of IN ROOMING HOUSES AN& OTHER ESTAB a prior income-tax law, was under'the LISHMENTS TITLE 26—-INTERNAL REVENUE applicable law a personal holding com pany, the term “dividend”, in addition to The Rent Regulation for Controlled Chapter I— Bureau of Internal Rev the meaning set forth in the first sen Rooms in Rooming Houses and Other Es enue, Department of the Treasury tence of section 115 (a ), also means the tablishments (§§ 825.81 to 825.92) is following distributions to its share hereby amended in. the following re Subchapter A— Income and Excess Profits Taxes holders: spects : [T. D. 5670] (1) A distribution within a taxable 1. Schedule A, item 96a, is amended to year of the corporation, and of a share describe the counties in the Defense- P art 29—I ncome T a x ; T axable Y ears holder, both of which taxable years begin Rental Area as follows : “In Montgomery B eginning After D ecem ber 31, 1941 prior to January 1, 1944, is a dividend County, Union Township and all New (except as hereinafter indicated) to the Market.” distributions b y personal holding COMPANIES extent of the corporation’s subchapter A This decontrols all of the Crawfords- net income for the taxable year in which, ville, Indiana, Defense-Rental Area ex On July 29, 1948, notice of proposed or, in the case of a distribution under cept Union Township and all of New rule making, relating to distributions by section 504 (c) or section 506, the taxable Market. personal holding companies, was pub year in respect of which, the distribution 2. Schedule A, item 163, is amended to lished in the F ederal R eg ister (13 F. R. is made. describe the Counties in the Defense- 4361). No objections to the rules pro (2) A distribution within a taxable Rental Area as follows: “Adams and posed having been received, the following year of the corporation, or of a share Pike.” amendments to Regulations 111 (26 CFR, holder, where either taxable year begins This decontrols Amite and Wilkinson Part 29) are hereby adopted. Such after December 31,1943, is a dividend to Counties, State of Mississippi, in the Cen- amendments are necessary in order to the extent of the corporation’s subchap treville, Mississippi, Defense-Rental conform Regulations HI to Public Law ter A net income less the sum of the net Area. 113 (80th Congress, 1st Session), ap operating loss credit provided in section 3. Schedule A, item 333c, is amended proved June 25, 1947, relating to distri 26 (c) (1), the dividend carry-over pro to describe the Counties in the Defense- butions by personal holding companies. vided in section 27 (c), and the deduction Rental Area as follows: “In Cache P aragraph 1. There is inserted imme for amounts for retirement of indebted County, the Cities of Logan, North diately preceding § 29.115-1 the follow ness provided in section 504 (b), for the Logan, Logan Heights, Providence, ing: taxable year in which, or, in the case of a Hyde Park and Smithfleld.” Public Law 113 (Eightieth Congress, F irst distribution under section 504 (c) or sec This decontrols all of the Logan, Utah, S ession) , Approved J une 25, 1947 tion 506, the taxable year in respect of Defense-Rental Area except the Cities Be it enacted by the Senate and House of which, the distribution is made. Thus, of Logan, North Logan, Logan Heights, Representatives of the United States of in the case of a distribution in April, Providence, Hyde Park and Smithfleld. America in Congress assembled, That the 1944, by a corporation reporting on a (Sec. 204 (d), 61 Stat. 197, as amended last sentence of section 115 (a) of the In calendar year basis to a shareholder re- by 62 Stat. 37 and by 62 Stat. 94; 50 ternal Revenue Code is amended to read as .porting on the basis of a fiscal-year end U. S. C. App. 1894 (d). Applies sec. 204 follows: “In the case of a corporation which, ing June 30,1944, the taxable year of the under the law applicable to the taxable year corporation begins after December 31, (c), 61 Stat. 197, as amended by 62 Stat. in which the distribution is made, is a per 37 and by 62 Stat. 94; 50 U. S. C. App. sonal holding company, or which, for the 1943, and the April, 1944, distribution is 1894 (c)) taxable year in respect of which the distribu a dividend, in the case of the corpora tion's made under section 504 (c) or section tion and the shareholder alike, only to This amendment shall become effec 506 or a corresponding provision of a prior the extent of the corporation’s subchap tive November 23, 1948. income-tax law, is a personal holding com ter A net income reduced by the specified Issued this 18th day of November 1948. pany under the law applicable to such taxable credits. Similarly, in the case of a dis year, such term also means any distribution tribution in April, 1944, by a corporation T ig h e E . W oods, (whether or not a dividend as defined in reporting on the basis of a fiscal year Housing Expediter. the preceding sentence) to its shareholders, whether in money or in other property, to the ending June 30, 1944, to a shareholder Statement To Accompany Amendment 49 extent of its subchapter A net income, less reporting on the calendar year basis, the to the Rent Regulation for Controlled the sum of the following: taxable year of the shareholder begins Rooms in Rooming Houses and OtHër “ (1) The net operating loss credit provided after December 31, 1943, and the April, Establishments in section 26 (c) (1); 1944, distribution will constitute a divi “(2) The dividend carry-over provided in dend, in the case of the corporation and It is the judgment of the Housing Ex section 27 (c); and the shareholder alike, only to the extent pediter that the need for continuing “(3) The deduction for amounts for re of the corporation’s subchapter A net maximum rents in the portions of the tirement of Indebtedness provided in section 504 (b )." income reduced by the>specified credits. Defense-Rental Areas specified below no No interest shall be allowed or paid in longer exists due to the fact that the de S ec. 2. The amendment made by section 1 respect of any overpayment of tax re mand for rental housing accommoda shall be effective for all taxable years begin sulting from the amendment to section tions has been reasonably met : ning after December 31, 1943. 115 (a) made by Public Law 113 (80th 1. All of the Crawfordsville, Indiana, Sec. 3. No Interest shall be allowed or paid Congress). For treatment of any distri Defense-Rental area, except Union in respect of any overpayment of tax result ing from the foregoing amendment. bution made prior to October 21, 1942, Township and all Of New Market. which is a dividend solely by reason of P ar. 2. Section 29.115-1, as amended the last sentence of section 115 (a) prior 1 13 P. R. 5750, 5789, 5875, 5937, 5938, 6247, by Treasury Decision 5377, approved June to its amendment by Public Law 113, see 6283, 6411, 6556. 6 ,1 9 4 4 , is amended as follows: § 29.504-3, 6883 Tuesday, November 23, 1948 FEDERAL REGISTER . § 50.451 Functions with respect to The term “dividend” does not include > S 29.27 . \ 6884 FEDERAL REGISTER PROPOSED RULE MAKING DEPARTMENT OF AGRICULTURE [ 7 CFR, Part 989 ] rant), or Seedless Sultana (or Sultana) [Docket No. AO-198] variety, grown in the area. Production and Marketing (f) “Raisins” means any raisin vari Administration H andling o f R a isin s P roduced F rom ety grapes from which a part of the nat R a isin V a r iety G rapes G row n in Ca li ural moisture has been removed. I 7 CFR, Part 953 ] fornia (g) “Bleached raisins” means any rai L em on s G ro w n in C alifornia and NOTICE OF HEARING WITH RESPECT TO PRO sins which have been produced by soda Arizona POSED MARKETING AGREEMENT AND ORDER dipping, with or without oil, or by such soda dipping and bleaching, whether GENERAL NOTICE OF PROPOSED RULE MAKING Pursuant to the provisions of the Agri sun-dried or dehydrated. WITH RESPECT TO APPROVAL OF BUDGET OF cultural Marketing Agreement Act of (h) “Golden Bleached raisins” means EXPENSES AND FIXING OF RATE OF ASSESS 1937, as amended (7 U. S. C. 601 et seq.), bleached raisins the production of which MENT FOR 1948-1949 FISCAL YEAR and in accordance with the applicable includes sulphur-bleaching and artificial rules of practice and procedure, as dehydration. Consideration is being given to the amended, governing proceedings to for following proposals submitted by the (i) “Natural condition raisins” means mulate marketing agreements and mar raisins which have been produced by Lemon Administrative Committee, es keting orders (7 CFR and Supps., 900.1 tablished under Marketing Agreement sun-drying or drying by artificial heat, et seq. ; 12 F. R. 1159, 4904), notice is with or without bleaching, but which No. 94, as amended, and Order No. 53, as hereby given of a public hearing to be amended (7 CFR, Cum. Supp., 953.1 et have not been otherwise processed or held with respect to a proposed market prepared for market. seq.; 13 F. R. 766), regulating the han ing agreement and a proposed marketing dling of lemons grown in the State of (j) “Packed raisins” means raisins order regulating the handling of raisins which have been cleaned, sorted, California or in the State of Arizona, as produced from raisin variety grapes the agency to administer the terms and stemmed, seeded, and placed in any con grown in California; Such hearing will tainer customarily used in the marketing provisions thereof; (1) that the Secre be held at 1401 Fulton Street, 10th Floor tary of Agriculture find that expenses of raisins or in any container suitable Auditorium, Fresno, California, begin or usable for such marketing. not to exceed $124,845 will be necessarily ning at 9:30 a. m., P. s. t., December 13, incurred during the fiscal year November (k) “Varietal type” means natural 1948. The proposed marketing agree (sun-dried) Thompson Seedless, natural 1, 1948, to October 31, 1949, for the ment and order have not received the maintenance and functioning of the said (sun-dried) Muscat, natural (sun-dried) approval of the Secretary of Agriculture. Sultana, natural (sun-dried) layer Mus committee under the aforesaid amend This public hearing will be held for the ed marketing agreement and order, and cat, Golden Bleached, Sulphur Bleached, purpose of receiving evidence with re Soda Dipped, or Valencia raisins. (2) that the Secretary of Agriculture spect to the economic and marketing fix, as the share of such expenses which (l) “Pack” means to perform the func conditions relating to the provisions of tion of a packer. each handler who first handles lemons the proposed marketing agreement and shall pay in accordance with the afore (m) “Packer” means any person who order which is hereinafter set forth and acquires raisins and cleans, sorts, stems, said amended marketing agreement and any appropriate modifications thereof. order during the aforesaid fiscal year, seeds, or packs them for market as The Raisin Working Committee, a com raisins. the rate of assessment at one and one- mittee of California raisin producers and (n) “Producer” is synonymous with half cents ($0.015) per box of lemons, or handlers, proposed the following market “grower” and means any person engaged an equivalent quantity of lemons, han ing agreement and order regulating the in the business of producing raisins. dled by him as the first handler thereof handling of raisins produced from raisin (o) “Dehydrator" means any person during said fiscal year. variety grapes grown in California and who produces raisins by dehydrating All persons who desire to. submit writ requested a hearing thereon (the pro raisin variety grapes by means of arti ten data, views, or arguments in connec visions identified with an elsterisk (*) ficial heat. apply only to the proposed marketing (p) “Processor” means any person tion with the aforesaid proposals shall agreement and not to the proposed file the same with the Director, Fruit marketing order) : who acquires raisins and produces any and Vegetable Branch, Production and product in which raisins are an ingredi Marketing Administration, Room 2077, § 989.1 Definitions. As used herein, ent or converts them, or any part thereof, South Building, United States Depart the following terms have the following to a different form and markets and/or meanings: distributes such product or the product ment of Agriculture, Washington 25, (a) “Secretary” means the Secretary of such conversion. D. C., not later than the close of business of Agriculture of the United States, or (q) “Handler” means any packer, on the 10th day after the publication of any other officer or employee of the dehydrator, or processor. this notice in the F ederal R eg ister . All United States Department of Agricul (r) “Acquire” means to obtain posses documents should be filed in quadrupli ture who is, or who may hereafter be, sion of raisins by dehydrating raisin cate. authorized to exercise the powers and to variety grapes by means of artificial heat As used herein, “handler,” “handles,” perform the duties of the Secretary of or by receiving raisins from producers “handled,” “box,” and “lemons” shall Agriculture. and includes, but is not limited to, raisins each have the respective meaning as (b) “Act” means Public Act No. 10, received under a contract or arrange when used in the amended marketing 73d Congress, as amended and as reen ment for toll packing, toll dehydrating, agreement and order. acted and amended by the Agricultural or toll processing, whether or not received Marketing Agreement Act of 1937, as or placed in a pool with other raisins, (48 Stat. 31, as amended; 7 U. S. C. 601 amended (7 U. S. C. 601 et seq.). and raisins received by a cooperative as et seq.; 7 CFR, Cum. Supp., 953.1 et seq.; (c) “Person” means an individual, sociation, and, in the case of a handler 13 F. R. 766, 13 F. R. 6235) partnership, corporation, association, or producing raisins, includes all raisins any other business unit. produced by him when they are placed Done at Washington, D. C., this 18th in sweat boxes or other containers in day of November 1948. (d) “Area” means the State of Cali fornia. which raisins are customarily stored ( sea l] m . W . B aker, (e) “Raisin variety grapes" means prior to packing or processing or in such Acting Director, Fruit and Vege grapes of the Thompson Seedless (or containers as are suitable or usable for table Branch, Production and Sultanina), Muscat of Alexandria (or such storage. Marketing Administration. Muscat), Muscatel Gordo Blanco (or (s) “Board” means the Raisin Advi [F. R. Doc. 48-10202; Filed, Nov. 22, 1948; Muscat), Black Corinth (or Zante Cur sory Board established pursuant to 8:53 a. m.] rant), White Corinth (or Zante Cur § 989.2. Tuesday, November 23, 1948 FEDERAL REGISTER 6885 (t) “Committee” means the Raisin (3) The term of office of the packer eligible to participate. The person re Administrative Committee established members, packer alternate members, de ceiving the most votes with respect to pursuant to § 989.3. hydrator members, dehydrator alternate each packer member o f packer alternate (u) “Ton” means n short ton of 2,000 members, processor members, and proc member position shall be the person to pounds. essor alternate members shall be three be certified to the Secretary as the nomi (v) “Crop year” is synonymous with years. The initial term of such mem nee for each such position. “fiscal period” and means the twelve bers and alternate members shall begin (iv) Only dehydrators who dehydrated month period beginning August 15 of on the first day of June 1949 and end on raisins during the then current crop year any year and ending August 14 of the the last day of May 1952. may nominate, or vote for, dehydrator following year, both dates inclusive. (b) Nomination. (1) Nominations members or dehydrator alternate mem (w) “District” means any one of the for each of the initial producer, packer, bers. Dehydrators eligible to participate geographical areas specified in para dehydrator, or processor members and in a nomination may nominate one or graph (a) (1) of § 989.2. alternate members of the Board may be more dehydrators for each dehydrator (x) “Pile” means receipt by the Sec submitted to the Secretary by producers, member position to be filled on the Board retary or by a telegraph company as packers, dehydrators, or processors, re and one or more dehydrator as alternate shown by the time of filing recorded by spectively; and such nominations may for each person nominated for a dehy such company or by a post office as be made by means of meetings of groups drator member position. Each dehy shown by the postmark affixed by such of such persons. Such nominations shall drator shall cast only one vote with re office. be filed with the Secretary not later than spect to each nomination in which he is» 15 calendar days after the effective date eligible to participate. The person re § 989.2 Raisin Advisory Board— (a) hereof but may be filed prior thereto. ceiving the most votes with respect to Establishment, membership, and term of In the event nomination for a member each dehydrator member or dehydrator office. <1> A Raisin Advisory Board is or alternate member of the Board is not alternate member position shall be the hereby established consisting of 46 mem filed pursuant to and within the time person to be certified to the Secretary as bers, of whom 36 shall be producers, seven specified herein, the Secretary may se the nominee for each such position. shall be packers, two shall be dehydra lect such member or alternate member (v) Only processors who processed tors, and one shall be a processor. The without regard to nomination but such raisins during the then current crop year 36 producers shall be selected in the selection shall be on the basis of the pro may, nominate, or vote for, processor number and for the counties and districts ducer, packer, dehydrator, and processor members or processor alternate mem as set forth in Exhibit A which is at representations set forth in paragraph bers. Processors eligible to participate tached hereto and made a part hereof. (a) (1) of this section. in a nomination may nominate one or For each member of the Board there shall (2) Nominations for successor mem more processors for the processor mem be an alternate member who shall have bers and alternate members of the Board ber position to be filled on the Board and the same qualifications as the member shall be made as hereinafter set forth: one or more processors as alternate for for whom he is the alternate. No person (i) The Board shall give public notice each person nominated for a processor shall be selected or continue to serve as of a meeting, or meetings, of producers, member position. Each processor shall a member or alternate member of the packers, dehydrators, and processors, cast only one vote with respect to each Board who'is not actively engaged either respectively, for the purpose of making nomination in which he is eligible to par in the business of the group which he nominations for members and alternate ticipate. The person receiving the most represents or as an officer, agent, or em- , member positions to be filled on the votes with respect to the processor mem ployee of a business unit engaged in such Board. ber or processor alternate member posi business. (ii) Only producers who produced tion shall be the person to be certified to (2) One-third of the producer mem raisins during the then current crop the Secretary as the nominee for each bers and producer alternate members of year in the district for which nomina such position. the Board initially selected hereunder by tions are to be made may nominate, or (vi) Each vote cast shall be on behalf the Secretary shall hold office for a pe vote for, any producer member or pro of the person voting* his agents, sub riod beginning on the first day of June ducer alternate member for such dis sidiaries, affiliates, and representatives. .1949 and ending on the last day of May trict. Any producer who produced Voting at each meeting shall be in per 1950 ajid until the respective successor raisins during the then current crop son. The result of each baUot at each is selected and has qualified. One-third year in any of the districts may be nomi such meeting shall be announced at that of the producer members and producer nated to represent any district as pro meeting. alternate members of the Board initially. ducer member or producer alternate (vii) All such nominations shall be selected hereunder by the Secretary shall member of the Board. Producers eligi certified by the Board to the Secretary hold office for a period beginning on the ble to participate in a nomination, as on or before the tenth day of May im first day of June 1949 and ending on the herein specified, may nominate one or mediately preceding such crop year. last day of May 1951 and until the respec more eligible producers for each pro (c) Selection. In selecting the members tive successor is selected and has quali ducer member position to be filled on of the Board, the Secretary shall select fied. . One-third of the producer mem the Board and one or more eligible pro producer, packer, dehydrator, and proc bers and producer alternate members of ducers as alternate for each person essor members and alternate members the Board initially selected hereunder by nominated for a producer member po in the number and with the qualifica the Secretary shall hold office for a period sition. Each producer shall cast only tions hereinabove specified. Such selec beginning on the first day of June 1949 one vote with respect to each nomina tions may be made from the nominations and ending on the last day of May 1952 tion in which he is eligible to participate. certified pursuant to paragraph (b) of and until the respective successor is se The person receiving the most votes with this section or from other producers, lected and has qualified. The persons to respect to each producer member or pro handlers, dehydrators, and processors, hold office as producer members and pro ducer alternate member position shall be but each such selection shall be made ducer alternate members for the respec the person to be certified to the Secre on the basis of the producer, packer, de tive terms pf office specified above shall tary as the nominee for each such posi hydrator, and processor representations be determined by the drawing of lots by tion. set forth in paragraph (a) <1) of this those persons selected by, the Secretary (iii) Only packers who packed raisins section. as producer members and alternate mem during the then current crop year may •(d) Failure to nominate. In the event bers pursuant to paragraph (c) of this nominate, or vote for, packer members nomination for a member or alternate section. The term of office of succeeding or packer alternate members. Packers member on the Board is not certified producer members and producer alter eligible to participate in a nomination pursuant to, and within the .time speci nate members of the Board shall be may nominate one. or more packers for fied in this section, the Secretary may three years, but each such member and each packer member position to be filled select such member or alternate mem alternate member shall continue to serve on the Board and one or more packers ber without regard to nomination but until the respective successor is selected as alternate for ieach person nominated such selection shall be on the basis of and has qualified. AH members and al for a packer member* position. Each the producer, packer, dehydrator, and ternate members shall be nominated and packer shall cast only one vote with re processor representations set forth in selected as hereinafter provided. spect to each nomination in "Which he is paragraph (a) (1) of this section. No. 228-----2 6886 PROPOSED RULE MAKING (e) Acceptance. Each person select serve until the respective successor is se tion, disqualification, or death of any ed by the Secretary as a member or as lected and has qualified. Nominations member or alternate member, a succes an alternate member of the Board shall, for initial members and alternate mem sor for such member’s or alternate mem prior to serving on the Board, qualify by bers of the coifcmittee shall be submitted ber’s unexpired term shall be nominated filing with the Secretary a writteh ac by the Board to the Secretary not later and selected in the manner set forth in ceptance within 15 calendar days after than 15 calendar days after the estab this section, insofar as such provisions being notified of his selection. lishment of the Board. Nominations for are applicable. If nomination to fill any (f) Alternate members. An alternate successor members and alternate mem such vacancy is not made within twenty for a member of the Board shall act in bers of the committee shall be submitted calendar days after such vacancy occurs, the place and stead of such member (a) by the Board to the Secretary not later the Secretary may fill such vacancy with during his absence, and (b), in the event than the last day of May immediately out regard to nominations. of his removal, resignation, disqualifica preceding the crop year with respect to (h) Compensation and expenses. The tion, or death, until a successor for such which they are submitted. members of the Raisin Administrative member’s unexpired term has been se (c) Nomination. The producer mem lected and has qualified. Committee and the Raisin Advisory bers of the Board, and producer alter Board, and the alternate members when (g) Vacancies. To fill any vacancy nate members when acting as members, occasioned by the failure of any person acting as members, shall serve without shall nominate from among such pro compensation, but shall be allowed their selected as a member, or as an alternate ducer members and producer alternate necessary expenses as approved by the member, of the Board to qualify, or in members, eight persons for producer po committee. •the event of removal, resignation, dis sitions on the committee, one of whom (i) Powers. The committe shall have qualification, or death of any member shall be a producer who has produced the following powers: or alternate member, a successor for raisin variety grapes which were used in (1) To administer the terms and pro such person’s term shall be nominated the production of bleached raisins and visions hereof; afid selected in the manner set forth in seven of whom shall be producers of (2) To make rules and regulations to this section insofar as such provisions raisins other than bleached raisins, and effectuate the terms and provisions are applicable. If nomination to fill any an alternate for each such person. The hereof; vacancy is not made within 20 calendar packer members of the Board, and pack (3) To receive, investigate, and report days after such vacancy occurs, the Sec er alternate members when acting as to the Secretary complaints of viola retary may fill such vacancy withdht re members, shall nominate from among tions hereof; and gard to nominations, but on the basis of such packer members and packer alter (4) To recommend to the Secretary the producer, packer, dehydrator, and nate members, four persons for packer amendments hereto. processor representations set forth in member positions on the committee, and (j) Duties. The committee shall have, paragraph (a) (1) of this section. an alternate for each such person. The among other things, the following duties : (1) Duties. The duties of the Board dehydrator members of the Board, and (1) To act as intermediary between shall consist of the conducting of meet dehydrator alternate members when act the Secretary and any producer, packer, ings for the purpose of filling vacancies ing as members, shall nominate from dehydrator, or processor; on the Board and the certifying of nom among such dehydrator members and (2) To keep minutes, books, and other inations made for such purpose to the dehydrator alternate members, one per records which will clearly reflect all of Secretary, the making of nominations to son for the dehydrator member position its acts and transactions, and such min the Secretary, as provided in § 989.3, for on the committee, and an alternate for, utes, books, and other records shall be member and alternate member positions such person. The processor member, or subject to examination by the Secretary of the Raisin Advisory Committee, and processor alternate member when acting at any time; the making of recommendations to such as member, shall nominate from among (3) To make, subject to approval by committee with respect to operations such processor member and processor al the Secretary, scientific and other stud hereunder. ternate member, one person for the proc ies, and assemble data on the producing, (j) Procedure. (1) Except as other essor member position on the committee handling, shipping, and marketing con wise provided herein, all decisions of the and an alternate for such person. ditions relative to raisins which are nec Board shall be by majority vote of the (d) Failure to nominate. In the essary in connection with performance of members present. The presence of not event any of the groups entitled here its official duties; less than 19 producer members and not under to submit nominees to the Secre (4) To submit to the Secretary, at his less than five members other than pro tary shall fail to do so within twenty request, such available information with ducer members shall be required to con calendar days after the time herein respect to raisins and raisin variety stitute a quorum. before specified, the Secretary may select grapes as he may request; (2) The Board shall give to the Sec each such member or alternate member (5) To select from among its members retary the same notice of meetings of the of the committee without regard to nom a chairman and other officers, and to Board as it gives to its members. inations, but each such selection shall adopt such rules and regulations for the § 989.3 Raisin Administrative Com be on the basis of the producer, packer, conduct of its business as it may deem mittee— (a) Establishment. A Raisin dehydrator, and processor representa advisable; Administrative Committee is hereby es tions set forth in paragraph (a) of this (6) To appoint or employ such other tablished, to administer the terms and section. persons as it may deem necessary, and to provisions hereof, consisting of 14 mem (e) Acceptance. Each person selected determine the salaries and define the du bers of whom eight shall be producers, by the Secretary as a member or as an ties of each such person; four shall be packers, one shall be a de alternate member of the committee (7) Prior to the beginning of each crop hydrator, and one shall be a processor. shall, prior to serving on the committee, year, and not later than the fifteenth day For each member of the committee there qualify by filing with the Secretary, of July, to submit to the Secretary a shall be an alternate member who shall Within fifteen calendar days after being budget of its anticipated expenses and have the same qualifications as the mem notified of such selection, a written ac-' the proposed assessments for such crop ber for whom he vis the alternate. No ceptance thereof. year, together with a report thereon; person shall be selected or continue to (f) Alternate members. An alternate * (8) To cause the books of the com serve as a member or alternate member for a member of the committee shall act mittee to be audited by one or more cer of the committee who is not actively en in, the place and stead of such member tified public accountants, at least once gaged either in the business of the group (a) during his absence and (b), in the each crop year, and at such other times event of his removal, resignation, dis which he represents or as an officer, as the committee may deem nécessary or agent, or employee of a business unit en qualification, or death, until a successor for such member’s unexpired term has as the Secretary may request; and the gaged in such business. report of each such audit shall show, (b) Term of office. Members and al been selected and has qualified. (g) Vacancies. To fill any vacancy among other things, the receipt and ex ternate members of the committee shall occasioned by the failure of any person penditure of funds pursuant hereto; and serve for terms of one year ending the selected as a member, or as an alternate at least two copies of each such audit re last day of May, but each such member member, of the committee to qualify, port shall be submitted to the Secretary; and alternate member shall continue to or in the event of the removal, resigna and Tuesday, November 23, 1948 FEDERAL REGISTER 6887 with respect to the crop year ending on (9) To prepare monthly statements of be available for examination by produc the financial operations of the commit ers and handlers. August 14,1950, shall not apply to raisins produced during the preceding crop year tee and make such statements, together (b) Recommendations for designa tion of percentages. (1) If the commit and held by or for the account of a pro with the minutes of the meeting of said ducer. In the event the Secretary finds committee, available for inspection by tee concludes that the supply and de mand conditions for raisins make it ad from the recommendations and support producers, packers, dehydrators, and ing information supplied by the commit processors at the office of such commit- visable to designate the percentage of raisins acquired by handlers in any crop tee and any other available information, that modification, suspension, or termi (k) Obligation. Upon the removal, year, which shall be (i) free tonnage, resignation, disqualification, or expira (ii) reserve tonnage, and (iii) surplus nation of any such designation will tend to effectuate the declared purpose of the tion of the term of office of any member tonnage, respectively, it shall recom or alternate member of the committee, mend such percentages to the Secretary. act he shall so modify, suspend, or termi such member or alternate member shall The committee may recommend such nate such designation. (2) The Secretary may designate sep account for all receipts and disburse percentages separately for each varietal ments and deliver to his successor, to the type or any group of varietal types. arately for each varietal type or group committee, or to a designee of the Secre Such percentages for each varietal type of varietal types the percentages of such tary all property (including, but not lim or group of varietal types shall, when varietal type or group of varietal types ited to, all books and records) in his pos taken together, equal 100. Together acquired by handlers in any crop year session or under bis control as member with any such recommendation, the which shall be considered as free ton or alternate member, and he shall exe committee shall submit the findings and nage, reserve tonnage, and surplus ton cute such assignments and other instru information on the basis of which such nage. ments as may be necessary or appropriate recommendation was made. In —the (3) The Secretary shall notify the to vest in such successor, committee, or event the committee subsequently deems committee of each such percentage so designee full title to such property and it desirable to modify, suspend, or ter designated. The committee shall give funds, and all claims vested in such mem minate any designation by the Secretary reasonable notice thereof to all handlers ber or alternate member. Upon the of such percentages, it shall submit to and producers, including, but not limited death of any member or alternate mem the Secretary its recommendation and to, written notice by registered mail to ber of the committee, full title to such the information on the basis of which all handlers on record with the com property, funds, and claims vested in such modification, suspension, or termi mittee. such member or alternate member shall nation is recommended. (d) Free tonnage. The percentage of be vested in his successor or, until such (2) In determining the percentages of each varietal type or groups of varietal successor has been selected and has qual raisins acquired by handlers in any crop types acquired by a handler which pur ified, in the committee. year, to be designated as free tonnage, suant to the provisions hereof, is desig (l) P r o c e d u r e (1) All decisions of reserve tonnage, and surplus tonnage, nated as “free tonnage”, may be disposed the committee shall be by majority vote respectively, the committee shall give of by him free of any restrictions here of the members present. The presence due consideration to the following fac under. of nine members shall be required to con tors: (1) thè supply of raisins, compris (e) Reserve tonnage. (1) Reserve stitute a quorum. ing the estimated carryover of raisins tonnage acquired by each handler shall (2) The committee shall give to the from preceding crop years held by pro be held by him for the account of the committee, and subject to the restric Secretary the same notice of meetings ducers and handlers and the estimated of the committee as it gives to its tonnage of raisins to be produced in such tions hereof. (2) Each handler shall hold in proper members. crop year; (ii) the current prices being received for raisins by producers and storage all reserve tonnage acquired by § 989.4 Regulation— (a) Marketing handlers; (iii) the trend and level of him until title has been transferred to policy. (1) Prior to the beginning of consumer income; and (iv) present and him or until delivery to another person each crop year and not later than July 5, prospective price trends, as well as other has been accomplished pursuant to in the committee shall'hold a meeting to pertinent economic and marketing fac structions of the committee. The com formulate and adopt a proposed market tors relative to raisins. Such percent mittee may, at any time, require a han ing policy for the marketing of raisins in ages shall not apply to raisins produced dler to deliver to it, or to any one desig the next succeeding crop year. Reason prior to August 14, 1949, and held by or nated by it at such handler’s warehouse, able notice, through newspapers having for the account of a producer. after reasonable notice, part or all of the general circulation in the area, shall be (3) The committee shall give reason reserve tonnage held by him. The com given to producers and handlers of each able notice, through newspapers having mittee may require that such delivery such meeting and each such meeting general circulation in the area, to han consist of natural condition raisins or it shall be open to them. dlers and producers, of each meeting to may arrange for such delivery to consist (2) Not later than ten days after the consider the recommendation of the per of packed raisins. holding of each such aforesaid meeting, centages to be designated pursuant to (3) Reserve tonnage delivered by any the committee shall prepare a detailed this section, and of each recommenda handler to the committee, or any person report setting forth the proposed mar tion submitted to the Secretary. designated by it, whether in the form of keting policy with respect to the han (4) The first recommendation with re - natural condition or packed raisins, shall dling of raisins during such crop year spect to any crop year beginning after meet such minimum grade requirements and shall file such report with the Secre August 14, 1949, shall be filed with the as may be prescribed by the committee tary, together with all data and infor Secretary not later than the preceding with the approval of the Secretary. mation used by the committee in the July 15. Pending the prescribing of such mini formulation of such proposed marketing (c) Regulation by the Secretary. (1) mum requirements, reserve tonnage de policy, including the recommendations Whenever the Secretary finds from the livered by any handler to the committee, of the Raisin Advisory Board in respect recommendations and supporting infor or any person designated by it, in packed thereto, if any are made. In the event mation supplied by the committee, and form shall meet the minimum require the committee subsequently deems it ad any bther available information, that to ments for the respective varieties and visable to modify such proposed mar designate the percentages of raisins types set forth in Exhibit B which is at keting policy, because of changed de acquired by handlers during such crop tached hereto and made a part hereof. mand or supply conditions, it shall file a "year which shall be free tonnage, reserve (4) The committee may dispose of re report with the Secretary showing each tonnage, and surplus tonnage, respec serve tonnage by sale, gift, or otherwise; modification and the reasons therefor. tively, would -tend to effectuate the de Provided, That no sale of reserve ton (3) The committee shall give reason clared policy of the act, he shall so nage consisting of bleached raisins may able notice to producers and handlers designate the percéntage of raisins be made by the committee prior to No of the contents of each such report sub acquired by handlers during such crop vember 1 of the crop year in which it was mitted to the Secretary. Copies of all year which shall be free tonnage, reserve acquired by handlers and no sale of re such reports shall be maintained in the tonnage, and surplus tonnage, respec serve tonnage consisting of raisins other office of the committee where they shall tively. Any such percentages designated than bleached raisins may be made by 6888 PROPOSED RULE MAKING the committee prior to December 1 of time by the committee with the approval (6) Nothing in subparagraph (5) or the crop year in which it was acquired of the Secretary. 4 (6) of this paragraph shall restrict, or be by handlers. (f) Surplus tonnage. (1) Surplus deemed to restrict, any sale by the com (5) Effective on and after June 1 of tonnage acquired by each handler shall mittee to the United States Government any crop year, all reserve tonnage not be held by him for the account of the pr any agency thereof. disposed of by the committee prior to committee, and subject to the restric (7) Handlers shall be paid by the com that date, shall be subject to the provi tions hereof. mittee for receiving and storing, surplus sions hereinafter provided with respect (2) Each handler shall hold in proper tonnage held for the account of the to the sale and disposition of surplus storage all surplus tonnage acquired by tonnage. committee, in accordance with a schedule him until title has been transferred to of payments established by the com- (6) Prior to June 1, reserve tonnage him or until delivery to another person v mittee and approved by the Secretary. of any varietal type or group of varietal has been accomplished pursuant to in (8) The net proceeds from the dis types shall not be sold at a price below structions of the committee. The com position of surplus tonnage of each that which the committee concludes re mittee may, at any time, require a varietal type or group of varietal types flects the price received by producers for handler to deliver to it, or to any person shall be distributed by the committee to free tonnage of the same varietal type designated by it, at such handler’s ware producers on the basis of the volume of or group of varietal types purchased by house, after reasonable notice, part or their respective contributions to such handlers at the time of any offer for sale all of the surplus tonnage held by him. surplus tonnage of each varietal type or of reserve tonnage by the committee. In The committee may require that such group of varietal types. Such distribu the event that no such purchases of free delivery consist of natural condition tion in connection with the surplus ton- tonnage were made by handlers at such raisins or it may arrange for such de nageH^ontributed by a cooperative mar time, the committee may establish the livery to consist of packed raisins. keting association shall be made to such minimum price of any varietal type or (3) Surplus tonnage delivery by any association. group of varietal types of reserve tonnage handler to the committee, or any person (9) Additional procedures relating to on the basis of (1) the prices received by designated by it, whether in the form the disposition of surplus tonnage not producers for other varietal types at such of natural condition or packed raisins, inconsistent with the provisions herein time, (ii) the prices received by handlers shall meet such minimum grade require specified may be established, from time for such varietal type or group of varietal ments as may be prescribed by the com to time, by the committee with the ap types in packed form, or (iii) from other mittee with the approval of the Secre proval of''the Secretary. available price information. Each price tary. Pending the prescribing of such (g) Possession or control .of reserve so established by the committee govern minimum requirements, surplus tonnage and surplus tonnage. Each handler Is ing the sale of reserve tonnage to any delivered by any handler to the commit required to have in his possession or handler shall be approved by the Secre tee, or any person designated by it, in under his control, at all times, a quantity tary prior to such sale: Provided, That, packed form shall meet the m in im um re of raisins equal to the aggregate quan the foregoing provisions of this para quirements for the respective varieties tity of reserve tonnage and surplus ton graph shall not apply to any reserve ton and types set forth in Exhibit B which nage referable hereunder to his acquisi nage on which a loan has been obtained is attached hereto and made a part tions, except that the committee shall nor to reserve tonnage which has become hereof. have the authority to waive such require subject to subparagraph (5) of this para (4) The committee may dispose of graph. ment for any period ending not later surplus tonnage by sale, or otherwise: than November 15. The committee may (7) In connection with any offer by Provided, That, such disposition shall be establish other reasonable and necessary the committee to sell reserve tonnage to limited to outlets which the committee terms and conditions upon which such handlers prior to June 1, each handler finds will not interfere significantly with waiver may be granted and such terms shall be given the first right to purchase the marketing of raisins. The commit and conditions'may include, but are not his pro rata share of such offer: Pro tee shall dispose of all surplus tonnage limited to, requiring a performance bond vided, That, all reserve tonnage disposed held by it or for its account on or before from handlers. of by him pursuant to paragraph (g) of May 1, by not later than May 1 of each (h) Damaged raisins. In the event this section shall be included in such pro crop year and all reserve tonnage held the committee concludes, and such con fata share. In the event that any han by it or for its account on or before that clusion is confirmed by the Secretary, dler declines or fails to purchase any or date, by not later than August 1 of such that a portion of the raisin pack has been All of such share, the remaining portion crop year: And provided further, That, damaged by rain or other natural causes, thereof shall be reoffered by the commit for any raisins which become surplus the committee may, ivith the approval tee to alt-handlers who purchased all of tonnage after May 1 of such crop year, of the Sècretary, establish regulations their respective shares of such offer, in the committee shall dispose of such sur and procedures that will permit the proportion to such respective purchases. plus tonnage within 60 calendar days disposition of such damaged raisins free Any balance remaining unsold after such after the date such tonnage becomes from the provisions hereof. reoffer shall be withdrawn from the par surplus tonnage, and for any raisins ticular offer to sell. which become reserve tonnage after § 989.5 Reports and books and records (8) Handlers shall be paid for receiv August 1 of such crop year, the com — (a) Report of carryover. On or be ing and storing reserve tonnage held for mittee shall dispose of such reserve ton fore July 5 of each crop year each han the account of the committee, in accord nage within 60 calendar days after the dler shall file with the committee a writ ance with a schedule of payments estab date such tonnage becomes reserve ton ten report, under oath, of all natural lished by the committee and approved by nage. condition raisins and packed raisins, the Secretary. (5) In connection with any offer of separately, held by him on the first day (9) The net proceeds from the disposi surplus tonnage by the committee for of July showing the quantity of each tion of reserve tonnage of each varietal sale to handlers or for contract packing varietal type, and the location thereof. type or group of varietal types shall be by handlers, dach handler shall be given (b) Other reports. Each handler distributed by the committee to produc the first right to purchase or pack his shall file with the committee a certified ers on the basis of the volume of their pro rata share of such offer: Provided, report, covering each week during any respective contribution to the reserve That, all surplus tonnage disposed of by period in which reserve and surplus per tonnage of such varietal type or group him pursuant to paragraph (g) of this centages are in effect, showing, with re of varietal types. Such distribution in section shall be included in such pro rata spect to his acquisitions of each varietal connection with the reserve tonnage con share. In the event that any. handler type during the week covered by each declines or fails to purchase, or contract such report, (1) the total quantity ac tributed by a cooperative marketing as for packing, any or all of such share, the sociation shall be made to such associa quired, (2) the reserve and surplus ton remaining portion of such share shall nages, separately, referable to such ac tion. be reoffered by the committee to all (10) Additional procedures relating to quisitions which are on his premises or handlers who purchased, or contracted under his control, (3) the location of the disposition of reserve tonnage not in for packing, all of their respective shares such reserve and surplus tonnages, and consistent with the provisions herein spe of such offer, in proportion to such (4) cumulative totals of such acquisitions cified may be established from time to respective shares. from the beginning of the then current Tuesday, November 23, 1948 FEDERAL REGISTER 6889 crop year to and including the end of payments to the committee to be credited § 989.11 Agents. The Secretary may, Such week. Each such weekly report toward such assessments as may be levied by a designation in writing, name any shall be filed not later than Wednesday hereunder against the respective handler person, including any officer or employee of the week following the week which is during the then current crop year. of the Government, or name any bureau covered by such report. Upon request of (c) Expenses of reserve and surplus or division in the United States Depart the committee, made with the approyal tonnage operations. The committee is ment of Agriculture, to act as his agent of the Secretary, every handler shall authorized to incur such expenses as the or representative in connection with any furnish to the committee, in such man Secretary finds are reasonable and are of the provisions hereof. ner and at such times as it prescribes, likely to be incurred by the committee such other information as will enable the § 989.12 Effective time and termina in discharging its obligations, pursuant tion— (a) Effective time. The provi committee to perform its duties and to hereto, with respect to reserve and sur exercise its powers hereunder. sions hereof shall become effective at plus tonnage. All such expenses shall such time as the Secretary may declare (c) Records. Each handler shall be deducted from the proceeds obtained maintain such records of all raisins ac above his signature attached hereto, and by the committee from the sale or other shall continue in force until terminated quired by him as the committee may disposal of such reserve and surplus prescribe. Such records sliall include, in one of the ways hereinafter specified. tonnage. (b) Termination. (1) The Secretary but are not limited to, the source, total (d) Accounting. (1) If, at the end of may, at any time, terminate the provi acquisition, total sales, and total other any crop year, the assessments collected disposition of each varietal type or group for such crop year exceed the expenses sions hereof by giving at least one day’s of such types regulated hereunder. incurred with respect to such crop year, notice by means of a press release or in (d) Verification of reports. For the any other manner which he may deter each handler’s share of such excess shall mine. purpose of checking and verifying such be credited to him against the operations reports made by handlers, the commit of the following crop year, unless such (2) The Secretary shall terminate or tee, through its duly authorized agents, handler demands payment thereof, in suspend the operation of any or all of the provisions hereof, whenever he finds shall have access to any premises wher which case his share shall be paid to ever raisins may be held by a handler, him. that such provisions do not tend to effec and, at any time during regular business (2) The committee may, with the ap tuate the declared policy of the act. hours, shall be permitted to inspect any proval of the Secretary, maintain in its (3) The Secretary'shall terminate the raisins so held by such handler and any own name or in the name of its mem provisions hereof at the end of any and all records of such handler with re bers, a suit against any handler for the marketing year whenever he finds that spect to the holding or disposition of all collection of such handler’s pro rata such termination is favored by a major raisins which may be held or which, may share of the expenses. ity of the producers of raisins who during the preceding marketing year have been have been disposed of by him. Each (e) Funds. All funds received by the handler shall furnish all labor and equip engaged jn the production for market of committee pursuant to the provisions raisins in the State of California: Pro ment necessary to facilitate such inspec hereof shall be used solely for the pur tions as the committee may make of his vided, That, such majority have during poses herein authorized and shall be such period produced for market more holding of any such raisins. Each han accounted for in the manner hferein pro dler shall store reserve and surplus ton vided. The Secretary may, at any time, than 50 percent of the volume of such raisins produced for market within said nage raisins in such a manner as to fa require the committee and its members cilitate inspection and shall maintain State; but such termination shall be and alternate members to account for effective only if announced on or before adequate storage records which will per all receipts and disbursements. mit accurate identification with respect August 14 of the then current marketing to the respective lots of raisins held or § 989.7 Personal liability. No mem year. theretofore disposed of.% ber or alternate member of the commit (4) The provisions hereof shall, in any tee nor any employee or agent thereof event, terminate whenever the provisions § 989.6 Expenses and assessments— shall be held personally responsible, of the act authorizing them cease to be (a) Expenses. The committee is au either individually or jointly with others, in effect. thorized to incur such expenses as the in any way whatsoever, to any handler (c) Proceedings after termination. Secretary finds are reasonable and likely or any person for errors in judgment*, (1) Upon the termination of the provi to be incurred by it during each crop mistakes, or other acts either of com sions hereof, the members of the commit year, for the maintenance and function mission or omission, as such member, tee then functioning shall continue as ing of the committee and the Board and alternate member, employee, or agent, joint trustees, for the purpose of liqui for such purposes as the Secretary, pur except for acts of dishonesty. dating the affairs of the committee, of all suant to the provisions hereof, deter funds and property then in the posses mines to be appropriate. The recom § 989.8 Separability. If any provi sion hereof is declared invalid, or the sion or,under the control of the commit mendation of the committee as to the tee, including claims for any funds un expenses for each such crop year, to applicability thereof to any person, cir cumstance or thing is held invalid, the paid or property not delivered at the gether with all data supporting such time of such termination. Action by said recommendation, shall be submitted to validity of the remainder hereof or the applicability thereof to any other per trusteeship shall require the concurrence the Secretary on or before July 15 pre of a majority of the said trustees. ceding the crop year in connection with son, circumstance, or thing shall not be affected thereby. (2) Said trustees shall continue in which such recommendation is made. such capacity until discharged by the The funds to cover such expenses shall § 989.9 Derogation. Nothing con Secretary; shall, from time to time, ac be acquired by levying assessments as tained herein is, or shall be construed to count for all receipts and disbursements hereinafter provided. be, in derogation or in modification of and deliver all property on hand, togeth (b) Assessments. Each handler shall the rights of the Secretary or of the er with all books and records of the com pay to the committee, on demand, the United States to exercise any powers mittee and the joint trustees, to such sum of twenty cents (20^) for each ton person as the Secretary may direct; and of raisins acquired by him after the ef granted by the act or otherwise, or, in accordance with such powers, to act in shall, upon the request of the Secretary, fective date hereof. At any time during execute such assignments or other in the premises whenever such action is or after a crop year the Secretary may struments necessary or appropriate to deemed advisable. increase the rate of assessment to apply vest in such person full title and right to all raisins acquired during such crop § 989.10 Duration of immunities. to all of the funds, property, and claims year to secure sufficient funds to cover The benefits, privileges, and immunities any later finding by the Secretary rela vested in the committee or the joint trus tive to the expense of the committee. conferred”'’ upon any person by virtue tees pursuant hereto. Each handler shall pay such additional hereof shall cease upon the termination (3) Any person to whom funds, prop assessment to the committee on demand. hereof and during any period of suspen erty or claims have been transferred or In order to provide funds to carry out sion hereof except with respect to acts delivered by the committee or its mem the functions of the committee and the done under and during the existence bers, pursuant to this section, shall be Board, any handler may make advance hereof. subjeot to the same obligations imposed 6890 PROPOSED RULE MAKING upon the members of the said committee Three members for Kern County and all 33, and portion of Section 34 of 16-22, Sec tion 7 and portion of Sections 8 and 18 of and upon said joint trustees. counties in California south of Kern County, Three members for Madera County, 16- 23. Portion of 4, 5, and 8 of 17-22. § 989.13 Effect of termination or Three members for Merced County. SELMA DISTRICT 13 amendment. Unless otherwise express Three members for Stanislaus County, ly provided by the Secretary, the termi One member for San Joaquin County and Sections 25, 34, 35, and 36 of 15-21, Sec nation hereof or any regulation issued all counties in California north of San tions 19, 20, 28, 29, and 30, 31, 32, 33, 34, of Joaquin County. 15- 22, Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 16,' pursuant hereto, or the issuance of any One member for each of the following dis 17, 18, 19, 20, 29, 30, 31, 32, of 16-22 and the amendment to either thereof, shall not tricts in Fresno County: East half of 16-21 and the North third of (a) affect or waive any right, duty, obli 17- 21 and Sections 6 aiid 7-17-22, Sections gation, or liability which shall have aris CLOVIS DISTRICT 1 v13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 and part en or which may thereafter arise in con All of 12-20 in Fresno County, all of 11-20 of 24 in 17-21. nection with any provision hereof or any and 11-21 in Fresno County, all of 12-21, MONMOUTH DISTRICT 14 regulation issued hereunder, (b) release • 12-22, Sections 1, 2, 11, 12, 13, 14, of 13-20, or extinguish any violation hereof or of Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 1 Sections 25, 26, 27, 34, 35, 36 of 15-20, Sec 13, 14, 15, 16, 17, 18, 21, 22, 23, 24, 25, 26, 27, tions 30, 31, 32 of 15-21, the West half of any regulation issued hereunder, or (c) 28, 33, 34, 35 and 36 of 13-21, Sections 4, 5, 16- 21 and the East half of 16-20. affect or impair any rights or remedies 6, 7, 8, 9, 18, 19, 30 and 31 of 13-22. of the Secretary or of any other person, CARUTHERS DISTRICT 18 KERMAN DISTRICT 2 with respect to any such violation. All of South half of 15-19, Sections 19, 28, All of 13-14, 13-15, 13-16, 13-17, in Fresno 29, 30, 31, 32, 33 of 15-20 all of 16-15, 16-16, § 989.14 Amendments * A m e n d County and Sections 30 and 31 of 13-18, all 16-17,16-18,16-19 and the West half of 16-20, ments hereto may be proposed from time of 14-14, 14-15, 14-16, 14-17, 14-18 and the all of 17-16, 17-17, 17-18, 17-19 and 17-20, to time, by any party hereto or by the West two-thirds of 14-19, all of 15-14, 15-15, 18- 7.16, 18-17, 18-18 and 19-17, 19-18, 20-17, committee. After due notice and hear 15-16, 15-17, 15-18. and all of 20-18 north of Fresno County line. ing and upon the execution of the pro BIOLA DISTRICT 3 E xhibit B— Minim u m Grade R equirements posed amendments by any two or more for Processed R aisins handlers, who during the preceding crop All of 13-18 lying in Fresno County except year handled not less than two-thirds of Sections 80 and 31, all of 12-19 lying in DEFINITION Fresno County and all of 1319 except Sec the raisins handled during such crop tions 25, 26, 27, 28, 33, 34, 35, and 36. Processed raisins are dried grapes of the year, the Secretary may approve such Vinifera varieties Thompson Seedless .(Sul- amendments and they shall become ef FRESNO DISTRICT 4 tanina), Muscat of Alexandria, MuscateljQor- fective at such time as the Secretary may Sections 25, 26, 27, 28, 33, 34, 35 and 36 in do Blanco, Sultana, Black Corinth, or White designate. Section 13-19; all of 13-20 except Sections Corinth which have been properly stemmed, 1, 2, 11,12, 13, and 14, Sections 19, 20, 29, 30, capstemmed, and cleaned. § 989.15 Counterparts.* This agree 31, 32 of 13-21, the East two-thirds of 14-19, TYPES AND VARIETIES ment may be executed in multiple coun all of 14-20, and Sections 5, 6 and 7 of 14-21. terparts, and when one counterpart is Type I Thompson Seedless (Sultanina): signed by the Secretary, all such coun SANGER DISTRICT 5 (a) Unbleached (sun-dried). terparts shall constitute, when taken to The East half and Sections 16, 17, 20, 21, (b) Golden Bleached. 28, 29, 82, 33 of 13-22, all of 13-23 lying West Type II Muscat: gether, one and the same instrument as (a) Seeded (seeds removed). if all such signatures were contained in of East Channel of Kings River, all of 14-23 lying West of East Channel of Kings River (b) Unseeded, (loose). one original. and Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, (c) Soda Dipped Unseeded (Valencia). § 989.16 Additional parties.* After 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, Type III Sultana. 26, 27, 28, 35 and 36 of 14-22. Type IV Zante Currants: the effective date hereof, any handler (a) Black Zante (Black Corinth). may become a party hereto if a counter LONE STAR DISTRICT 6 (b) White Zante (White Corinth), part hereof is executed by him and de All of 14-21 except Sections 5, 6, and 7 MOISTURE livered to the Secretary. This agree and 36. ment shall take effect as to such new Type Ila (Muscat Seeded Raisins) shall contracting party at the time such coun EASTON-OLEANDBR DISTRICT 7 contain not more than 19 percent, by weight, terpart is delivered to the Secretary and The North half of 15-19 and the North of moisture. All other types of raisins speci two-thirds of 15-20 except Section 19, and fied above shall contain not more than 18 the benefits, privileges, and immunities percent, by weight, of moisture. conferred by this agreement shall then Sections 6, 7, 18, 19 of 15-21. GRADE be effective as to such new contracting FOWLER DISTRICT 8 party. South half of Section 1 and all of Sections Thompson Seedless raisins shall possess similar varietal characteristics, possess a fair § 989.17 Order with marketing agree 2, 3, 4, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 20, 21, 22, 23, 24, 26, 27, 28, 29, and 33 of 15-21 ly good typical color in Thompson Seedless ment.* Each signatory handler favors Unbleached raisins, show development char and Section 18-15-22. and approves the issuance of an order, acteristic of raisins prepared from fairly well- by the Secretary, regulating the handling DEL REY DISTRICT 9 matured grapes, and meet the following requirements: of raisins in the same manner as is pro Sections 29, 30, 31, 32, 33, and 34 of 14-22 Not more than 35 capstems and not more vided for in this agreement;- and each and Section 36 of 14-21 and N y2 of Section than 3 pieces of stem per pound of raisins signatory handler hereby requests the 1-15-21 and all of Sections 2, 3, 4, 6, 6, 7, 8, may be present; Secretary to issue, pursuant to the act, 9, 10, 16 and 17 of 15-22. Not more than 3 percent by weight of such an order. FARLIER DISTRICT 10 raisins may be poorly developed, blowovers; Not more than 6 percent by weight of Copies of this notice of hearing may All of Section 4 East of Kings River, Sec raisins may be damaged; be obtained from the Hearing Clerk, tions 5, 6, 7, 8, and all of Sections 9 and 16 Not more than 15 percent by weight of United States Department of Agricul and 21 East of Kings River and Sections 17, raisins may be visibly sugared; and ture, Room 1846, South Building, Wash 18, 19, 20, 29, 30, 31, 32 in 15-23, Sections 1, Not more than 5 percent by weight of 11, 12, 13, 14, 15, 21, 22, 23, 24, 25, 26, 27, and ington 25, D. C., or the Fruit and Vege raisins may be affected by mold, decay, fer table Branch, Production and Marketing 35 and 36 of 15-22 and Sections 5 and 6 of mentation, insect infestation (no live insects 16-23. Administration, United States Depart are permitted), imbedded dirt, or other for KEEDLEY DISTRICT 11 ment of Agriculture, P. O. Box 775, eign material: P rovided, That not more than Berkeley 1, California. All of 13-24 East of East Channel of Kings 2 percent by weight may be affected by Dated November 18,1948, Washington, River, all of 13-23 East of East Channel of decay. Kings River, all of 14—23 East of East Chan Muscat raisins shall possess similar varietal D. C. nel of Kings River, all of 14-24, 14-25 and all characteristics, possess a fairly good typical [ sea l] J ohn T hom pson , of 15-23 East of East Channel of Kings River, I. color with not more than 20 percent by Assistant Administrator. Sections 28 and 33 West of Kings River in 15-23 and all of 15-24. weight of dark reddish-brown berries in E xhibit A—Producer Members of th e R aisin Muscat Soda Dipped Unseeded (Valencia) Advisory B oard KJNGSBUBG DISTRICT 12 raisins, show development characteristic of Three members for Kings County, Sections 11, 12, 13, 14, 15, 21, 22, 23, and raisins prepared from fairly well-matured Five members for Tulare County, portion of 24, 25, and 26 and Sections 27, 28, grapes, and meet the following requirements: Tuesday, November 23, 1948 FEDERAL REGISTER 6891 Not more than 20 capstems and not more Zante currants shall be generally pliable, “Damaged” raisins means raisins affected than 3 pieces of stem per pound of raisins generally meaty and plump, fairly well de by insect Injury or injury from sunburn, may be present; veloped, possess a good, typical color, and scars, mechanical or other means which seri Not more than 20 seeds per pound of meet the following requirements: ously affects the appearance, edibility, keep raisins in Muscat Seeded raisins may be Not more than 2 percent by weight of cap- ing or shipping quality of the raisins. In present; stems and not more than 3 pieces of stem Type II (a), Muscat Seeded raisins, mechani Not more than 3 percent by weight of per pound may be present; cal injury resulting from normal seeding op raisins may be poorly developed, blowovers; Not more than 2 percent by weight may be erations is not considered damage. Not more than 5 percent by weight of poorly developed, hard, immature berries, “Visibly sugared” means the accumulation raisins may be damaged; ■ blowovers, or shells; of crystallized fruit sugars on or near the Not more than 15 percent by weight of Not more than 3 percent by weight may be surface which is readily apparent. raisins may be visibly sugared; and damaged; “Mold” means mold filaments or spores Not more than 5 percent by weight of Not more than 10 percent by weight may (often characterized by a condition wherein raisins may be affected by mold, decay, fer be visibly sugared; and the skin of the raisin appears to have been mentation, insect infestation (no live insects Not more than 2 percent by weight may be dissolved, leaving a slimy or sticky appear are permitted), imbedded dirtTor other for “B ” berries. ance, and often resulting in a positive reac eign material: P rovided, That not more than tion when submerged in a 3 percent hydrogen 2 percent by weight may be affected by decay. COLOR OF THOMPSON SEEDLESS SULFUR BLEACHED peroxide solution). Sultana raisins shall possess similar AND GOLDEN BLEACHED RAISINS “Affected by insect infestation” means varietal characteristics, possess a fairly good that the raisins show the presence of Insects, Extra choice color. Fairly uniform amber typical color, show development character Insect fragments, or excreta. No live Insects istic of raisins prepared from fairly well- color which may range from light yellow or are permitted. greenish yellow to amber or greenish amber matured grapes, and meet the following “Plump and meaty" means that the cur requirements: and with not more titan 10 percent by weight rants are not thin or angular with coarse Not more than 65 capstems and not more of definitely dark berries. wrinkles. than 3 pieces of stem per pound of raisins Explanation of terms. “Capstems” mean “ 5B’ berries” mean currants affected with may be present; small woody stems exceeding y8 inch in mold or decay, which show a positive reac Not more than 3 percent by weight of length which attach the raisins to the tion when Immersed in a 3 percent hydrogen raisins may be poorly developed, blowovers; branches of the bunch. peroxide solution. Not more than 5 percent by weight of A “piece of stem” means a portion of the The foregoing requirements are those raisins may be damaged; branch or main stem. specified in United States Standards for Not more than 15 percent by weight of “Seeds” refer to the whole, fully developed Grades of Processed Raisins, with respect raisins may be visibly sugared; and seeds which have not been removed during to Grade C for raisins other than Zante cur Not more than 5 percent by weight of the processing of Type II (a), Muscat Seeded rants, and in United States Standards for raisins may be affected by mold, decay, fer raisins. Grades of Dried Zante Currants, with respect mentation, insect infestation (no live insects “Poorly developed, blowovers” refers to to Grade B for Zante currants. are permitted), imbedded dirt, or other for berries that are immature, contain very lit eign material: P rovided, That not more than tle meat, are light in weight, and those that [F. R. Doc. 48-10196; Filed, Nov. 22, 1948; 2 percent by weight may be affected by decay. have very coarse wrinkles. 8:53 a. m.] NOTICES DEPARTMENT OF THE INTERIOR tor, the Assistant Administrator, and the or sickness of the Assistant Administra Chief of the Division of Operations. tor. Southwestern Power Administration (d) The Chief Counsel of the South J . A. K rug, [Order 2498] western Power Administration shall per Secretary of the Interior. form the duties .and exercise the powers November 15, 1948. Du t ie s op Assistant Administrator, Act of the Administrator in case of the death, ing Administrator, and Acting As s is t resignation, absence, or sickness of the [F. R. Doc. 40-10169; Filed, Nov. 22, 1948; 8:47 a. m.] ant Administrator Administrator, the Assistant Administra tor, the Chief of the Division of Opera S ection 1. Assistant Administrator. The Assistant Administrator of the tions, and the Chief of the Division of DEPARTMENT OF AGRICULTURE Southwestern Power Administration Engineering. shall assist the Administrator generally (e) The Controller of the Southwest O ffice of Hearing E xaminers in the performance of his duties and ern Power Administration shall perform the duties and exercise the powers of the amendment to organizational statement functions, and, under the supervision Pursuant to the authority vested in me and direction of the Administrator, shall Administrator in case of the death, resig nation, absence, or sickness of the Ad by the Administrative Procedure Act be responsible for the administrative (Secs. 3, 12, 60 Stat. 238, 244) the state functions of the Administration. ministrator, the Assistant Administra tor, the Chief of the Division of Opera ment of the Central Organization of the S ec. 2. Acting Administrator, (a) tions, the Chief of the Division of Engi Office of Hearing Examiners (formerly The Assistant Administrator of the neering, and the Chief Counsel. §2209.1, Chapter XXI, Title 7) is Southwestern Power Administration (f) The Chief of the Division of Ad amended to read as follows: shall perform the duties and exercise ministration and Personnel of the South The address of the Office of Hearing the powers of the Administrator in case western Power Administration shall per Examiners is United States Department of the death, resignation, absence, or form the duties and exercise the powers of Agriculture, Washington 25, D. C. The sickness of the Administrator. of the Administrator in case of the death, office is composed of the hearing exam (b) The Chief of the Division of Op resignation, absence, or sickness of the iners who preside at hearings subject to erations of the Southwestern Power Ad Administrator, the Assistant Administra sections 7 and 8 of the Administrative ministration shall perform the duties tor, the Chief of the Division of Opera Procedure Act (60 Stat. 237), and per and exercise the powers of the Adminis tions, the Chief of the Division of Engi form related duties, and their assistants. trator in case of the death, resignation, neering, the*Chief Counsel, and the Con The work of the office is supervised by a absence, or sickness of the Administrator troller. Chief Hearing Examiner who designates and the Assistant Administrator. the hearing examiner to preside at the S ec. 3. Acting Assistant Administra (c) The Chief of the Division of En hearing and perform such duties in spe gineering of the Southwestern Power tor. The Administrator of the South cific proceedings. Among the hearings Administration shall perform the duties western Power Administration may des over which hearing examiners preside and exercise the powers of the Admin ignate officials of the Administration to are hearings in proceedings under the istrator in case of the death, resignation, serve as Acting Assistant Administrator Agricultural Marketing Agreement Act (7 absence, or sickness of the Administra in case of the death, resignation, absence, U. S. C. 601 et seq.), rate making and 6892 NOTICES disciplinary proceedings under the Pack (Sec. 810 (b), 48 Stat. 1086; 47 U. S. C. A. consent under section 310 (b) of the ers and Stockyards Act, 1921 <7 U. S. C. 310 0 » ) Communications Act to the proposed as 181 et seq.), disciplinary proceedings un signment of license for AM station F ederal C ommunications KUGN and permit for KUGN-FM, der the Commodity Exchange Act (7 U. S. C o m m issio n , C. 1 et seq.), the Perishable Agricultural Eugene, Oregon, from Valley Broadcast [ sea l] T. J. S l o w ie , ing Company to KUGN, Inc. The pro Commodities Act, 1930 (7 U. S. C. 499a et Secretary. seq.), and the Federal Seed Act (7 U. S. C. posal to assign arises out of contracts of 1551 et seq.), and proceedings under the [F. B. Doc. 48-10189; Filed, Nov. 22, 1948; August 14 and September 29,1948 pursu Grain Standards Act (39 Stat. 492; 7 8:51 a. m.] ant to which B. N. Phillips has agreed to U. S. C. 71 et seq.) upon request by the sell his one-half interest in the assignor Administrator of the Production and partnership to O. E. Berke and P. R. Marketing Administration. Berke for $50,000 in cash plus 5% inter W klv est from August. 1,1948. Thereafter the [ sea l! Ch arles F. B rannan, PUBLIC NOTICE CONCERNING THE PROPOSED partnership will convey all partnership Secretary of Agriculture. ASSIGNMENT OF LICENSE1 assets to KUGN, Inc. in return for all the capital stock of the assignee. Fur November 17, 1948. The Commission hereby gives notice that on September 1,1948 there was filed ther information as to the arrangements [P. B. Doc. 48-10171; Piled, Nov. 22, 1948; may be found with the application and 8:48 a. m.] with it_an application (BAL-796) for its consent undër section 310 (b) of the associated papers which are on file at the Communications Act to the proposed as offices of the Commission in Washing signment of license of station WKLV, ton, D. C. FEDERAL COMMUNICATIONS Blackstone, Virginia from Frank W. Pursuant to § 1.321 which sets out the COMMISSION Wagner to Nottoway Broadcasting Com procedure to be followed in such cases pany, Incorporated. The proposal to as including the requirement for public notice concerning the filing of the appli W h it e M ountain B roadcasting C o. sign the license arises out of a contract of August 19, 1948 pursuant to which cation, the Commission was advised by PUBLIC NOTICE CONCERNING THE PROPOSED applicant on November 4, 1948 that TRANSFER OF CONTROL * Frank W. Wagner proposed to assign station WKLV and its assets to Nottoway starting on November 4, 1948 notice of Broadcasting Company, Incorporated, in the filing of the application would be in The Commission hereby gives notice serted in the Eugene Register Guard a that on November 8, 1948 there was filed return for 145 shares (approximately 35%) of $50 par value, common voting newspaper of general circulation at with it an application (BTC-696) for its Eugene, Oregon in conformity with the consent under section 310 (b) of the stock of the assignee corporation and the assumption by the latter of the outstand above section. Communications Act to the proposed In accordance with the procedure set transfer of control of White Mountain ing liabilities of the station. Further in formation as to the arrangements may out in said section, no action Will be had Broadcasting Company, licensee of sta upon the application for a period of 60 tion WMOU, Berlin, New Hampshire be found with the application and asso ciated papers which are on file at the of days from November 4, 1948 within from Arthur C. Bell, Leon C. Bell, Ar which time other persons desiring to thur J. Bergeron, Carl E. Morin, George fices of the Commission in Washington, D. C. apply for the facilities involved may do Brassard, Willard D. Buber and Albert N. so upon the same terms and conditions Morris to John W. Guider. The proposal Pursuant to § 1.321, which sets out the procedure to be followed in such cases, as set forth in the above described to transfer control arises out of a con contract. tract of October 5, 1948 pursuant to including the requirement for public no which Arthur C. Bell, Leon C. Bell, Ar tice concerning the filing of the applica (Sec. 310 (b), 48 Stat. 1086; 47 U. S. G. thur J. Bergeron, Carl E. Morin, George tion, the Commission was advised by ap 310 (b) ) plicant on November 10,1948 that start Brassard, Willard D. Buber and Albert N. F ederal C ommunications Morris will sell and John W. Guider will ing on September 24, 1948 notice of the filing of the application would be insert C o m m issio n , buy 305 shares of the common stock of [ sea l] T. J. S l o w ie , the licensee corporation, for the sum of ed in the Courier-Record, a newspaper Secretary. $22,875.00. Further information as to published at Blackstone-Crewe, Virginia, the arrangements may be found with the and in the Richmond Times Dispatch, a [F. B . Doc. 48-10191; Filed, Nov. 22, 1948; application and associated papers which newspaper of èeneral circulation at Rich 8:52 a. m.J are on file at the offices of the Commis mond, Virginia in conformity with the sion in Washington, D. C. above section. Pursuant to § 1.321 which sets out the In accordance with the procedure set KCSB out in said section, no action will be had procedure to be followed in such cases PUBLIC NOTICE CONCERNING THE PROPOSED upon the application for a period of 60 including the requirement for public no days from September 24, 1948 within ASSIGNMENT OF LICENSE1 tice concerning the filing of the applica which time other persons desiring to ap The Commission hereby gives notice tion, the Commission was advised by ap ply for the facilities involved may do so that on November 5,1948, there was filed plicant on November 8, 1948 that start upon the same terms and conditions as with it an application (BAL-794) for its ing on November 10, 1948 notice of the set forth in the abovS described contract. consent under section 310 (b) of the filing of the application would be insert (Sec. 310 (b), 48 Stat. 1086; 47 U. S. C. Communications Act to the proposed as ed in the Berlin Reporter, a newspaper 310 *(b) ) signment of license of KCSB, San Ber of general circulation at Berlin, New nardino, California from Woodrow Hampshire in conformity with the above F ederal C ommunications Miller, d/b as San Bernardino Valley section and the Commission’s direction £ C o m m issio n , Broadcasters, to Town Crier Broadcast [ sea l] T. J. S l o w ie , ers, Inc. The proposal to assign the to the applicant of October-12, 1948. Secretary. In accordance with the procedure set license arises out of a contract of Octo-' ber 1, 1948, pursuant to which Woodrow out in said section, no action will be had [F. B . Doc. 48-10190; Filed, Nov. 22, 1948; 8:52 a. m .] Miller has agreed' to sell all personal upon the application for a period of 60 property and broadcasting equipment, days from November 10, 1948, within including the good will, used in the op which time other persons desiring to ap,- eration of KCSB, to Town Crier Broad ply for the facilities involved may do so KUGN AND KUGN-FM casters, Inc. for the sum of $19,000 pay upon the same terms and conditions as able as follows; $1,000 upon the execu set forth in the above described con PUBLIC NOTICE CONCERNING THE PROPOSED tion of the contract; $8,000 within thirty ASSIGNMENT OF LICENSE 1 tract. days after approval of the Federal Com The Commission hereby gives notice munications Commission is obtained; 1 Section 1.321, Part 1, Buies of Practice that on November 4,1948 there was filed and the balance of $10,000, . secured by a and Procedure. with it an application (BAU-793) for its mortgage on: tjie equipment and prop- Tuesday, November 23, 1948 FEDERAL REGISTER 6893 erty of KCSB, in monthly installments The said division having under con office in the city of Washington, D. C. on of $100 with 4% interest on the unpaid sideration the matter of charges for per the 17th day of November, 1948. balance. As part of the contract, Seller ishable protective service and of the fail Notice is hereby given that an applica agrees to lease to Buyer the land and ure of motor common carriers to tion-declaration has been filed with this buildings used in the operation of KCSB establish and maintain charges for per Commission pursuant to the Public Util for a monthly payment of $83.33, plus ishable protective service separate and ity Holding Company Act of 1935 (the 2% of the net earnings of the station be apart from the line-haul rates and “act”) by the Commonwealth & Southern fore taxes. The lease will be for five charges in connection with the transpor Corporation (Commonwealth), a regis years with Buyer holding an option to tation, in interstate or foreign commerce, tered holding company. The applicant- renew for an additional five years. of commodities that require perishable declarant designates sections 11 and 12 Seller also agrees to make improvements protective service between points in Colo (c) of the act and Rule U-46 thereunder in the land and buildings up to $3,000 rado, Illinois, Indiana, Iowa, Kansas, as applicable to the proposed transaction. and Buyer agrees to pay an increased Kentucky, Michigan, Minnesota, Mis Notice is further given that any inter monthly rental of 1% of the cost of the souri, Nebraska, North Dakota, Ohio, ested person may, not later than Novem improvements beginning the first month South Dakota, Wisconsin, and Wyoming, ber 29,1948 at 5:30 p. m., e. s. t., request after the improvements have been made. on the one hand, and, on the other hand, the Commission in writing that a hear The contract also provides that Seller points in Connecticut, Delaware, Maine, ing be held on such matter, stating the will satisfy all existing accounts payable Maryland, Massachusetts, New Hamp nature of his interest, the reasons for due at the time *of closing and that shire, New Jersey, New York, Pennsyl such request, and the issues, if any, of Buyer will exercise diligence in attempt vania, Rhode Island, Vermont, Virginia, fact or law raised by the said applica ing to collect the outstanding accounts and the District of Columbia, and good tion-declaration proposed to be contro receivable and to turn over 75% thereof cause appearing therefor: verted, or may request that he be notified to Seller, retainid% 25% for self. In the It is ordered, That an investigation be, if the Commission should order a hearing event Buyer is unwilling or unable to go and it is hereby, instituted by the said thereon. Any such request should be ad through with the sale after approval of division, upon its own motion, into and dressed: Secretary, Securities and Ex the Federal Communications Commis concerning the reasonableness and law change Commission, 425 Second Street sion is obtained, the down payment of fulness otherwise of the charges for per NW., Washington 25, D. C. At any time $1,000 may be retained by Seller as liqui ishable protective service maintained by after November 29,1948 such application- dated damages. In the event the as motor common carriers of property, and declaration, as filed or as amended, may signment is consummated and Buyer of the regulations and practices of motor be permitted to become effecnve or may thereafter defaults in payments due common carriers of property insofar as be granted as provided in Rule U-23 of under the contract, Buyer agrees to seek said carriers do not publish and maintain the rules and regulations promulgated permission of the Federal Communica charges for perishable protective service pursuant to said act, or the Commission tions Commission to retransfer the sta separate and apart from their line-haul may exempt «uch transaction as provided tion to Seller. Further information as rates, applicable to the transportation, in Rules U-20 (a) and U-100 thereof. to the arrangements may be found with in interstate or foreign commerce, of All interested persons are referred to the application and associated papers property that requires perishable pro said application-declaration which is on which are on file at the offices of the tective service between the points re file in the office of the Commission, for Commission in Washington, D. C. ferred to in the preceding paragraph of a statement of the transaction therein Pursuant to § 1.321 which sets out the this order, with a view to making such proposed which is «summarized as fol procedure to be followed in such cases findings and orders in the premises as lows :' including the requirement for public the facts and circumstances shall appear Commonwealth proposes, subject to notice concerning the filing of the appli to warrant; the, approval of the Commission, to pay cation, the Commission was .advised by It is further ordered, That all motor a dividend of $1.50 per share or an ag applicant on November 5, 1948, that - common carriers of property subject to gregate of approximately $2,161,870 on starting on November 10, 1948, notice of the Interstate Commerce Act which par the shares of its outstanding preferred the filing of the application would be ticipate in the transportation of property stock. The dividend was declared on inserted in a newspaper of general circu between the points referred to in this November 16,1948, and is payable on the lation at San Bernardino, California in order, be, and they are hereby, made 28th day after the date of the order of conformity with the above section. respondents to this proceeding; that a this Commission permitting such pay In accordance with the procedure set copy of this order be served upon each ment, or on January 3, 1949, whichever out in said section, no action will be had of said respondents; and that notice to date is the later, to stockholders of record upon the application for a period of 60 the public be given by posting a copy of at the close of business on the 10th day days from November 10, 1948, within this order in the Office of the Secretary after the date, of such order (or if such which time other persons desiring to ap of the Commission, at Washington, D. C., 10th day is not a business day, the first ply for the facilities involved may do so and by filing it with the Director, Divi business day following such 10th day) upon the same terms and conditions as sion of Federal Register, Washington, or on December 10, 1948, whichever date set forth in the above described contract. D. C. is the later. (Sec. 310 (b), 48 Stat. 1086; 47 U. S. C. A And it is further ordered, That this The applicant-declarant requests that 310 0 » ) proceeding be, and it is hereby, assigned the Commission’s order be issued herein F ederal C ommunications for hearing before Examiner Henry C. on or before December 1, 1948 and that C o m m issio n , g Lawton on the 11th day of January, it become effective forthwith upon is [ sea l] T . J . S l o w ie , A. D. 1949, at 9:30 o’clock a. m., United suance. Secretary. States standard time, at the Hotel Cleve land, Cleveland, Ohio. By the Commission. [P. R. Doc. 48-10192; Piled, Nov. 22, 1948; 8:52 a. m.] By the Commission, Division 2. [ se a l ] Ne l l ye A. T h o rsen , Assistant Secretary. [ sea l] W. P. B artel, - Secretary. [F. R. Doc. 48-10176; Filed, Nov. 22, 1948; INTERSTATE COMMERCE 8:48 a. m.j [F. R. Doc. 48-10173; Filed, Nov. 22, 1948; COMMISSION 8:48 a. m.) [MC-C-985] [File No. 70-1960] P er ish a bl e P ro tective S erv ic es and SECURITIES AND EXCHANGE N orth Am erican C o. and U n io n E le c tr ic C harges COMMISSION Co. o f M is s o u r i NOTICE OF HEARING [File No. 54-75, 70-7261 m emorandum o p in io n and order C ommonwealth & S o uth ern C o rp. (D e l .). At a session of the Interstate Com At a regular session of the Securities merce Commission, Division 2, held at its NOTICE or FILING and Exchange Commission, held at its office in Washington, D. C., on the 21st At a regular session of the Securities office in the city of Washington, D. C., day of September A, D. 1948. and Exchange Commission held at its on the 12th day of November A. D. 1948. No. 22&----- 3 6894 NOTICES The hearing officer who presided at fall into ihe category of "rule making or opportunity to file exceptions and briefs the hearings in these proceedings has determining applications for initial li with respect to such recommended de certified to us for decision the ques censes.” And Rule IX of our rules of cision. In view of applicants-declarants’ tion whether the applicants-declarants practice does not impose any interme stated desire that approval of the pro herein are entitled to have the hearing diate decision requirement beyond that posed transactions be granted by Decem officer prepare a recommended decision. imposed by section 8 (a) of the Adminis ber 1,1948, we shall instruct the Director These proceedings involve a joint ap trative Procedure Act. of the Division of Public Utilities to file plication-declaration by the North ***** his recommended decision by November American Company (“North Ameri (e) License and licensing. “License” in 17, 1948, and shall allow the applicants- can”), a registered holding company, cludes the whole or part of any agency per declarants until November 24,1948, to file mit, certificate, approval, registration, char exceptions to such recommended decision and its subsidiary, Union Electric Com ter, membership, statutory exemption or pany of Missouri (“Union”), a registered and briefs in support of such exceptions. other form of permission. "Licensing” in For the foregoing reasons, holding company and an electric utility cludes agency process respecting the grant, company, filed pursuant to applicable renewal, denial, revocation, suspension, an It is ordered, That the request of provisions of the Public Utility Holding nulment, withdrawal, limitation, amend North American and Union for the prep Company Act of 1935 and the rules and ment, modification, or conditioning of a aration and filing by the hearing officer regulations promulgated thereunder. license. of a recommended decision in these pro The application-declaration proposes a ceedings be and it is hereby denied; and The Administrative Procedure Act un The Director of the Division of Public reclassification of the authorized com dertook to codify the basic requirements mon stock of Union so as to increase Utilities is instructed to prepare and file of what applicants-declarants appear to on or before November 17, 1948 a recom the aggregate number of such shares refer to as “administrative due process,” from 3,300,000 to 12,000,000. Thereupon mended decision on $jthe. application- and our rules of practice attempt to carry declaration ; and Union proposes to issue and North Amer out the requirements of that act. We are ican proposes to acquire 9,782,500 shares Applicants-declarants axe granted op not aware that these or any other pro portunity to file on or before November of the new common stock in exchange for cedural standards would be violated by 2,795,000 shares representing the pres 24, 1848 exceptions and briefs relating denial of the instant request. to such recommended decision. ently outstanding common stock of While we have accorded procedural Union, all of which is owned by North safeguards which, though not specifically By the Commission. American.# Since the publicly held pre required, are shown to be appropriate to ferred stock of Union has 12.06% of the [SEAL] NELLYE A. THORSEN, a full and fair determination of contest Assistant Secretary. voting power in Union, the stock of ed issues, we find here no situation war Union held by North American repre ranting the exercise of our discretion in [P. R. Doe. 4&-10177; Piled, Nov. 22, 1948; sents 87.94% of the voting power. It favor of granting the request of appli 8:48 a. m.] is asserted that the proposed transac cants-declarants. The hearings did not tions would increase North American’s involve any issues which are accusatory voting power to 96.2% and enable North or disciplinary in nature or the deter-; American to file consolidated federal in mination of which requires passing upon (File No. 70-1977] come tax returns for Union and its sub the credibility of witnesses. The pres Am erican G as and E le c tr ic C o. and sidiaries, thereby effecting a reduction ent proceedings relate merely to secur in federal income taxes payable by the American G as and E le c tric S ervice ing the approval by this Commission with C o rp. companies. respect to a stock reclassification desired Applicants-declarants have argued by applicants-declarants, which does not ORDER GRANTING APPLICATION AND PERMIT that they are entitled to a recommended have any material effect on other invest TING DECLARATION TO BECOME EFFECTIVE decision by the hearing officer under both ors, and which has not been opposed. At a regular session of the Securities the Administrative Procedure Act and The preparation of a recommended de “general rules of administrative due and Exchange Commission held-at its cision by the hearing officer in this case office in the city of Washington, D. C., process.” We cannot agree. would unduly delay our decision and No requirement that there be such a on the 17th day of November A. D. 1948. would not be conducive to any greater American Gas and Electric Company- recommended decision in these proceed clarification of the issues than might be ings is imposed by either our rules of (“American Gas”), a registered holding achieved through the filing of a recom company, and its wholly owned service practice or the Administrative Procedure mended decision by the Director of the Act, Section 8 (a) of the Administra company subsidiary, American Gas and Division of Public Utilities. In view of Electric Service Corporation (“Service tive Procedure Act provides th a t“* * * the nature of the proceedings, the issues, in rule making or determining applica Corporation”), having filed a joint ap and the evidence taken at the hearings, plication-declaration and amendment tions for initial licenses,” a recommend it is clear that a recommended decision ed decision by a hearing officer may be thereto pursuant to the Public Utility by the hearing officer is neither necessary Holding Company Act of 1935, particu dispensed with and “* * * in lieu nor appropriate to the affording of ade thereof, the agency may issue a tentative larly sections 7 and 10 thereof with re quate decisional procedure to applicants- spect to the following transactions: decision or any of its responsible officers declarants, and we shall accordingly may recommend a decision. * * *” For the stated purpose of supplying deny their request. Service Corporation with adequate capi Under the definitions of “rule making” However, in view of the request that tal gfor its operations it is proposed to and “licence” contained in sections 2 (c) has been made for an intermediate deci finance Service Corporation by increas and (e) of’the Administrative Procedure sion in this case, and in view of appli ing its authorized capital stock from Act,1 it is clear that these proceedings cants-declarants* stated desire for 1,000 shares of the par value of $100 per prompt disposition of this matter,* we 1 Section 2 of the Administrative Procedure share, of which 100 shares are issued Act defines "rule and rule making” and “li are of the opinion that the alternative and outstanding and owned by Ameri cense and licensing” as follows: procedure specified in section 8(a) of the can Gas, to 10,000 shares of the, par value (c) Rule and rule making. "R ule” means Administrative Procedure Act and Rule of $100 per share, and by issuing 7,750 the whole or any part of any agency state IX (c) of our rules of practice is the ap shares of said stock to American Gas ment of general or particular applicability propriate one to be followed in this case, against payment therefor of $200,000 in and future effect designed to implement, in namely, that a recommended decision cash and the surrender and cancella terpret, or prescribe law or policy or to de should be prepared by the Director of the tion of $575,000 principal amount of open scribe the organization, procedure, or prac Division of Public Utilities, and that tice requirements of any agency and includes account indebtedness owned by Service the approval dr prescription for the future of applicants-declarants should have an Corporation to American Gas which Qpen rates, wages, corporate or financial structures account indebtedness arose from ad or reorganisations thereof, prices, facilities, 3 Applicants-declarants* request that wevances of cash in that amount hereto appliances, services or allowances therefor or give the proposed transactions prompt ap fore made by American Gas to Service of valuations, cost, or accounting, or prac proval seems somewhat Inconsistent with Corporation without interest. tices bearing upon any of the foregoing. their demand for an Intermediate decisional The application-declaration having “Rule making” means agency process for the procedure which would necessarily take long formulation, amendment, or repeal of a rule. er than were we to decide the matter ini been filed on October 19, 1948 and an (Italics added.) tially. amendment thereto having been filed on Tuesday, November 23, 1948 FEDERAL REGISTER 6895 November 4,1948, and notice of said filing Said declaration having been filed on (1) of the Public Utility Holding Com having been given in the form and man October 25, 1948, and the last amend pany Act of 1935. ner prescribed by Rule U-23 promulgated ment thereto having been filed on No By the Commission. pursuant to said act, and the Commission vember 16, 1948, and notice of said filing not having received a request for a hear having been duly given in the form and [ se a l ] N ell y e A. T h o r sen , ing with respect to said application-dec manner prescribed by Rule U-23 promul Assistant Secretary. laration, as filed or as amended, within gated under said act, and the Commis [P. R. Doc. 48-10174; Filed, Nov. 22, 1918; the period specified in said notice, or sion not having received a request for 8:48 a. m.] otherwise, and not having ordered a hearing with respect to said declaration hearing thereon; and within the period specified in said no The Commission finding with respect tice, or otherwise, and not having or to said application-declaration, as dered a hearing thereon; and [Pile No. 70-1985] The Commission finding with respect amended, that the requirements of the P u b l ic S ervice C o. o f Ne w H a m psh ire applicable provisions of the act and the to said declaration, as amended, that rules thereunder are satisfied, that no ad the requirements of the applicable sec NOTICE OF FILING verse findings are necessary, and that it tions of the act and the rules and regu At a regular session of the Securities is not necessary to impose any terms and lations thereunder are satisfied, and and Exchange Commission held at its conditions other than those set forth be finding it appropriate in the public in office in the city of Washington, D. C., low, and the Commission deeming it ap terest and in the Interest of investors on the 17th day of November A. D. 1948. propriate that the said application-dec and consumers that said declaration,, as Notice is hereby given that an appli-- laration, as ^mended, be granted and per amended, be permitted to become effec cation has been filed with this Commis mitted to become effective forthwith; tive forthwith; and sion, pursuant to the Public Utility Hold It is ordered, Pursuant to said Rule U- The Commission finding that Ken ing Company Act of 1935, by Public 23 and the applicable provisions of said tucky is engaged primarily in the elec Service Company of New Hampshire act, that said application-declaration, as tric utility business; that said gas utility (“New Hampshire”), a public-utility amended, be and the same hereby- is, properties are the only remaining nat subsidiary of New England Public Service granted and permitted to become effec ural gas properties, are not connected Company, a registered holding company. tive forthwith, subject to the terms and with the company’s manufactured gas Applicant has designated the first sen conditions contained in Rule U-24. properties and are not capable of inte tence of section 6 (b) of the act as ap gration with the electric utility proper By the Commission." plicable to the proposed transactions. ties owned and operated by/ Kentucky ; Notice is further given that any inter [ sea l] N ell y e A. T h o rsen , and that the proposed use of the pro ested person may, not later than Decem Assistant Secretary. ceeds of sale will contribute to the de ber 2, 1948, at 5:30 p. m., e. s. t., request velopment of an integrated electric [F. R. Doc. 48-10175; Filed, Nov. 22, 1948; the Commission in writing that a hearing 8:48 a. m.J utility system;- and be held on such matter, stating the Kentucky having requested that the nature of his interest, the reasons for Commission’s order permitting the dec such request and the issues, if any, of fact laration to become effective conform to or law raised by said application pro the requirements of sections 371, 372, 373 [Pile No. 70-1982] posed to be controverted, or may request and 1808 (f) of the Internal Revenue that he be notified if the Commission Code, as amended, and the Commission K e n t u c k y U t il it ie s C o. should order a hearing thereon. Any deeming it appropriate to grant this such request should be addressed: Secre ORDER PERMITTING DECLARATION TO BECOME request: tary, Securities and Exchange Commis EFFECTIVE It is ordered, Pursuant to Rule U-23 sion, 425 Second Street NW., Washing and the applicable provisions of the act At a regular session of the Securities ton 25, D. C. At any time after Decem and subject to the terms and conditions ber 2,1948, said application, as amended, and Exchange Commission held at its of prescribed in Rule U-24, that the dec fice in the city of Washington, D. C., on may be granted as provided in Rule U-23 laration, as amended, be, and the same of the rules and regulations promulgated the 17th day of November A. D. 1948. hereby is, permitted to become effective Kentucky Utilities Company (“Ken under the act, or the Commission may forthwith. exempt such transactions as provided in tucky”), a subsidiary of the Middle West It is further ordered and recite#, That Corporation, a registered holding com Rules U-20 (a) and U-100 thereof. the sale by Kentucky Utilities Company All interested persons are referred to pany, having filed a declaration and an of its gas utility properties (except a amendment thereto pursuant to seetions- said application and amendment which certain specified building and equip are on file in the offices of this Commis 11 (b) (1) and 12 (d) of the Public Util ment) located in or in the vicinity of ity Holding Company Act of 1935 and sion for a statement of the transactions the City of Danville in the Common therein proposed, which are summarized Rule U-44 promulgated thereunder, with wealth of Kentucky for an amount in respect to the following (toansactions: as follows: cash equal to the aggregate of (a) $155,- New Hampshire proposes to issue or Kentucky proposes t<«ell to Western 500, (b) the amount of net additions Kentucky Gas Company, a nonafflliated renew from time to time until September made by Kentucky Utilities Company to 30,1949, or until the company shall have company, all of Kentucky’s gas utility said properties between December 31, properties located in and about the City received at least $4,000,000 from perma 1947 and the date of closing, (c) the nent financing, whichever shall first oc of Danville, Kentucky, pursuant to a con cost to Kentucky Utilities Company of tract dated September 21,1948, for a cash cur, short-term notes, i.e., notes having materials and supplies on hand or on a maturity of nine months or less, up consideration of $155,500 subject to clos order pertaining to said property at the ing adjustments. The proceeds tot>e re to a maximum amount (together with date of closing, and (d) the adjusted all other outstanding short-term notes) ceived by Kentucky from the proposed amount of the 1948 ad valorem tax on sale will be deposited with the Trustee of $6,275,000. The company proposes to said properties, and the expenditure issue such notes as funds are required under the company’s mortgage dated within 24 months of the consummation May 1,1947, and will be withdrawn, with in order to continue its construction of the said sale, of an amount equal to program and to meet its other cash in one year, in accordance with the provi the proceeds received from said sale, for needs. The company had outstanding at sions of said mortgage and will be used property consisting of additions and ex November 1, 1948, short-term notes ag for the purpose of making additions and tensions to its electric utility plant and gregating $2,100,000. The application extensions to its electric utility plant and system, are necessary or appropriate to states that the company believes that system. the integration or simplification of the under present conditions it will be able The declaration, as amended, contains holding company system of which Ken to borrow such funds at an interest rate an order of the Public Service Commis tucky Utilities Company is a member Of not exceeding 21/2 % per annum, but sion of Kentucky authorizing the pro and are necessary or appropriate to ef that it has no commitment from any posed sale and purchase; and fectuate the provisions of section 11 (b) bank as to the interest rate. The appli- 6896 NOTICES catfon further states that in case the poration which is a registered holding, promulgated under the act, or the Com interest rate on any of the promissory company and also a public utility oper mission may exempt such transaction as notes should exceed 2%% per annum, ating company. Northern States desig provided in Rules U-20 (a) and U-100 the company will file an amendment nates sections 9 (a) and 10 of the act as thereof. to its application stating the name of applicable to the proposed transaction. By the Commission. the bank, the terms of the note and the All interested persons are referred to rate of interest at least five days prior said application on file in the office of [ sea l] N e l l y e A. T h o rsen , to the execution and delivery of said this Commission for a statement of the Asêistant Secretary. note, and unless the- Commission shall transaction therein proposed, which is [F. R. Doc. 48-10178; Filed, Nov. 22, 1948; notify the company to the contrary with summarized as follows; 8: 49 a. m.] in said five day period, the amendment Northern States proposes to acquire \ shall become effective at the end of said from McLeod Cooperative Power Associ period. The company estimates that it- ation (“Seller”), a Minnesota corpora [File No. 812-669] will receive $6,750,000 from permanent tion, certain utility assets owned by financing by September 30,1949, and that Seller consisting principally of the exist New m o n t M in in g C orp. e t al. the proceeds from such permanent ing electric distribution and street light NOTICE OF APPLICATION financing will be used to repay the short ing systems located in the Village of New term notes then outstanding and the Auburn, Sibley County, Minnesota, to At a regular session of the Securities balance for further expenditures on the gether with all equipment of and appur and Exchange Commission held at its company’s construction program and for tenances to each of said systems and all offices in Washington, D. C., on the 17th other corporate purposes. franchises, permits, contracts, leases, day of November A. D. 1948, The application states that the pro easements and rights of way under In the matter of Newmont Mining posed transactions* are not subject to the which said property is held or operated, Corporation, Empire Star Mines Com jurisdiction of the New Hampshire Pub Including Seller’s service contracts pany, Limited, and Northern Empire lic Service Commission, the regulatory (which Northern States agrees to as Mines Company, Limited; File No. 812- commission of the state in which the sume) ; but excluding Seller’s cash on 569. company is organized and doing busi hand or in banks, accounts receivable, Notice is hereby given that Newmont ness, except to the extent that a note customers’ deposits and refundable ad Mining Corporation of 14 Wall Street, issued in renewal of a previously out vances, prepaid insurance, and certain New York, New York, a closed-end non- standing note matures more than twelve specific items of physical property as de diversified management company reg months after the date of issue of the first scribed in the sales agreement dated istered under the Investment Company note evidencing the original loan. The October 18, 1948. The purchase price is Act of 1940, has filed an application pur application further states that all notes $13,540, subject to adjustments as pro suant to section 17 (b) of the act for an evidencing loans originally made prior to vided in said agreement. order exempting from the provisions of September 30, 1948, will be paid and dis The estimated original cost of said section 17 (a) of the act a proposed trans charged out of the proceeds of the com property at August 31, 1948 is $15,465, action whereby Empire Star Mines Com pany’s Series D bonds issued in October and the estimated depreciation on a pany, Limited (“Star”), an affiliated per 1948. straight line basis is $4,231. Northern son of the Applicant and of Northern The amount of notes proposed to be States proposes, upon consummation of Empire Mines Company, Limited issued by the company is in excess of 5% the transaction, to charge to its earned (“Northern”) would purchase from the of the principal amount and par value of surplus the electric plant acquisition ad Applicant 41,605 shares of the capital other outstanding securities of the com justment of $2,306. No fees or commis stock of Northern, an affiliated person of pany. The company requests author sions are involved. The expenses of the Applicant and of Star, for $62,407.50 ization pursuant to the first sentence of Northern States in the matter are esti in United States funds. section 6 (b) of the act to issue such mated at $500. It appears from the application that notes. The property to be acquired serves elec Star, a Delaware corporation, has 116,300 The application states that there are tric energy at retail to approximately 126 shares of capital stock outstanding, of no expenses to the company in connec customers in said Village of New Auburn. which the Applicant owns 43,325 shares, tion with the proposed transactions The energy is presently supplied at approximately 37%. Northern, an On other than legal and other incidental wholesale to the Seller by Northern tario corporation, has 400,000 shares of expenses, estimated at not more than Stater, whose electric properties com capital stock outstanding, of which $500, in connection with the preparation pletely surround the property to be ac 270,530 shares, or 67.6%, are owned by and filing of the application. quired. Northern States will supply the Star and 41,605 shares, or 10.4%, are The company requests that the Com new customers at its regularly scheduled owned by the Applicant. Said 41,605 mission’s order be made effective forth rates, which are somewhat lower than shares of Northern were acquired by the with upon its issuance. the rates presently charged. Applicant as a dividend paid by Star on March 15, 1938 to its stockholders of By the Commission, The application states that the pro posed transaction is not under the juris record as of M irch 1, 1938. The fair [ sea l] N e l l y e A. T h o rsen , diction of any State commission or any market value of the Northern stock at ’ Assistant Secretary. other Federal commission. the time the dividend was received was [F. R. Doc. 48-10179; Piled, Nov. 22, 1948; It is desired that the order of the Com $6 per share in United States funds, a 8:49 a. m.] mission authorizing the transaction be total of $249,630 for the shares received made effective as soon as possible. by the Applicant. Notice is further given that any in It further appears that Northern was terested person may, not later than No organized in 1932 for the primary pur pose of developing and operating the [Pile No. 70-1994] vember 26, 1948 at 5:30 p. m., e. s. t., re quest the Commission in writing that a Northern Empire Mine in the Little No rth ern S tates P o w er C o. hearing be held on such matter, stating Long Lac District in Ontario. The life of this mine was considerably curtailed by NOTICE OP FILING the nature of his interest, the reasons for such request, and the issues, if any, a barren diabase sill encountered at a At a regular session of the Securities of fact or law proposed to be contro depth of about 1,000 feet replacing the and Exchange Commission, held at its verted; or he may request that he be vein on its dip for a vertical distance of office in the city of Washington, D. C.t notified if the Commission should order a about 700 feet. The ore beneath the sill on the 17th day of November A. D. 1948. hearing thereon. Any such request has been worked out, and the mine was Notice is hereby given that an appli should be addressed: Secretary, Securi abandoned in August 1941. cation has been filed with this Commis ties and Exchange Commission, 425 Sec Since November 1943, Northern’s min sion pursuant to the public Utility Hold ond Street NW., Washington 25, D. C. ing activities have been limited to the ing Company Act of 1935 (“the act’’) At any time after November 26,1948, said neighboring Undersill Mine (owned by by Northern States Power Company application may be granted as provided Undersill Gold Mining Companyin which (“Northern States”), a Minnesota cor in Rule U-23 of the rules and regulations Northern has a 75% interest) in which Tuesday, November 23, 1948 FEDERAL REGISTER 6897 [Vesting Order 12363] the same sill has interrupted the vein. DEPARTMENT OF JUSTICE Work beneath this sill has disclosed K arl J un g bluth Office of Alien Property only a limited amount of commercial In re: Trust Agreement dated July 12, ore, %nd further development has been Authority : 40 Stat. 411, 55 Stat. 839, Pift. 1928, between Karl Jungbluth, donor, and suspended until completion of similar Laws 322, 671, 79th Cong., 60 Stat. 50, 925; 50 U. S. C. and Supp. App. 1, 616, E. O. 9193, The Farmer’s Loan and Trust Company, work by owners of adjoining property.’ trustee. (File D-28-10498-G-1). It is possible that work in the Under July 6, 1942, 3 CPR, Cum. Supp., E. O. 9567, June 8, 1945, 3 CFR, 1945 Supp., E. O. 9788, Under the authority of the Trading sill Mine may never be resumed. The With the Enemy Act, as amended, Exec working capital of Northern has been Oct. 14, 1946, 11 P. R. 11981. [Vesting Order 12306] . utive Order 9193, as amended, and Exec invested in Canadian Government and utive Order 9788, and pursuant to law, corporate securities. If operations are U sabtjro S u z u k i after investigation, it is hereby found: not resumed, Northern will be liquidated. 1. That Marie Jordan, whose last The estimated present net liquidating In re: listate of Usaburo Suzuki, de ceased. File D-39-17410; E. T. sec. 9593 known address is Germany, is a resident value per share of Northern based on of Germany and a national of a desig the Canadian market for securities held (H-102). Under the authority of the Trading nated enemy country (Germany); but making no allowance for the notes 2. That all right, title, interest and and shares of Undersill Gold Mining With the Enemy Act, as amended, Execu tive Order 9193, as amended, and Execu claim of any kind or character whatso Company amounts to $2.38 per share in ever of the person named in subpara Canadian funds. Trading in shares of tive Order 9788, and pursuant to law, after investigation, it is hereby found: graph 1 hereof, in and to and arising out Northern on the Toronto Stock Exchange of or under that certain trust agreement and over the counter in New York is in 1. That Mii Suzuki and Soichiro (Shoi- chiro) Suzuki, whose last known address dated July 12,1928, by and between Karl active. The present “bid” in Toronto is Jungbluth, donor, and The Farmers’ $1 per share and the present “asked” is is Japan, are residents of Japan and na tionals of a designated enemy country Loan apd Trust Company, trustee, pre $2.25 per share. The last sales on the sently being administered by City Bank Toronto Exchange involved 200 shares on (Japan); 2. That the sum of $938.07 was paid to Farmers Trust Company, Trustee, 22 October 15,1948 at $1.05 per share. The William Street, New York 15, New York. last sales over the counter in New York the Attorney General of the United were at $1.25 per share, Canadian^ttttds, States by Albert K. Kimura, administra is property within the United States on September 15, 1948. tor of the Estate of Usaburo Suzuki, de owned or controlled by, payable or deliv The Applicant wishes to sell and Star ceased; erable to, held on behalf of, or on account wishes to purchase the 41,605 shares of 3. That the said sum of $938.07 was of, or owing to, or which is evidence of Northern held by Applicant at $1.50 per accepted by the Attorney General of the ownership or control by, the aforesaid share United States funds, or a total of United States on September 21, 1948, national of a designated enemy country $62,407.50. It is alleged that the Appli pursuant to the Trading With the Enemy (Germany); cant would have difficulty in selling so Act, as amended; 4. That the said sum of $938.07 is pres and it is hereby determined: large a block of shares in the market and 3. That to the extent that the person desires to decrease its present holdings ently in the possession of the Attorney General of the United States and was named in subparagraph 1 hereof is not of blocked Canadian funds, and, there within a designated enemy country, the fore, desires to effect the proposed sale property within the United States owned or controlled by, payable or deliverable national interest of the United States for United States funds. Star is willing requires that such person be treated as a to purchase such shares to enlarge its to, held on behalf of or on account of, or owing to, or which was evidence of own national of a designated enemy country control of Northern and to facilitate liq (Germany). uidation if and when undertaken. ership or control by, the aforesaid, na tionals of a designated enemy country All determinations and all action re For a more detailed statement of the quired by law, including appropriate matters of fact and law asserted, all in (Japan ); consultation and certification, having terested persons are referred to said ap and it is hereby determined: been made and taken, and, it being plication which is on file in the offices of 5. That to the extent that the persons deemed necessary in the national the Commission in Washington, D. C. named in subparagraph 1 hereof are not interest. Notice is further given that an order within a designated enemy country, the There is hereby vested%i the Attorney granting the application may be issued national interest of the United States re General of the United States the prop by the Commission at any time on or quires that such persons be treated as na erty described above, to be held, used, after November 29, 1948, unless prior tionals of a designated enemy country administered, liquidated, sold or other (Japan). wise dealt with in the interest of and for thereto a hearing upon the application is All determinations and all action re the benefit of the United States. ordered by the Commission, as provided quired by law, including appropriate The terms “national” and “designated in Rule N-5 of the rules and regulations consultation and certification, having enemy country” as used herein shall have promulgated under the act. Any inter been made and taken, and, it being the meanings prescribed in section 10 of ested person may, not later than Novem deemed necessary in the national inter Executive Order 9193, as amended. ber 26, 1948, at 5:30 p. m., submit in est. Executed at Washington, D. C., on There is hereby vested in the Attorney writing to the Commission his views or November 15,1948. any additional facts bearing upon this General of the United States the prop application or the desirability of a hear erty described above, to be held, used, For the Attorney General. administered, liquidated, sold or other ing thereon, or request the Commission [teAL] D avid L . B azelon, in writing that a hearing be held thereon. wise dealt with in the interest of and Assistant Attorney General, for the benefit of the United States. Director, Office of Alien Property. Any such communication or request This vesting order*is issued nunc pro should be addressed: Secretary, Secur tunc to confirm the vesting of the said [P. R. Doc. 48-10183; Filed, Nov. 22, 1948; ities and Exchange Commission, 425 Sec property by acceptance as aforesaid. s 8:51 a. m.] ond Street NW., Washington 25, D. C., The terms “national” and “designated and should state briefly the nature of the enemy country” as used herein shall have interest of the person submitting such in the meanings prescribed in section 10 [Vesting Order 12301] formation or requesting a hearing, the of Executive Order 9193, as amended. W en zel Aschenbrenner reasons for such request, and the issues Executed at Washington, D. C., on of fact or law raised by the application November 4,1948. In re: Estate of Wenzel Aschenbrenner, which he desires to controvert. For the Attorney General. Deceased. (File No. D-28-12122; E. T. sec. 16328). By the Commission. [ sea l] D avid L . B azelon, * Under the authority of the Trading [ sea l] Ne l l y e A. T h o rsen , Assistant Attorney General, With the Enemy Act, as amended, Execu Assistant Secretary. Director, Office of Alien Property. tive Order 9193, as amended, and Execu [F. R. Doc/ 48-10180; Piled, Nov. 22, 1948; [P. R. Doc. 46-10182; Piled, Nov. 22, 1948; tive Order 9788, and pursuant to law, 8:49 a. m.] 8:51 a. m.[ after investigation, it is hereby found: 6898 NOTICES 1. That Theresia Asehenbrenner, liverable to, held on behalf of or on ac sultation and certification, having been whose last known address is Germany, count of, or owing to, or which is evi made and taken, and, it being deemed is a resident of Germany and a national dence of ownership or control by, Isao necessary in the national interest,. of a designated enemy country (Ger Harry Hasegawa, the aforesaid national There is hereby vested in the Attorney many) ; of a designated enemy country (Japan) ; General of the United States the proper 2. That all right, title, interest and ty described above, to be held, used, ad and it is hereby determined: ministered, liquidated, sold or otherwise claim of any kind or character whatso 3. That to the extent that the person ever of the person named in subpara-’ dealt with in the interest of and for the named in subparagraph 1 hereof is not benefit of the United States. graph 1 hereof in and to the estate of within a designated enemy country, the Wendel Asehenbrenner, deceased, is The terms “national” and “designated national interest of the United States v enemy country” as used herein shall have property payable or deliverable to, or requires that such person be treated as claimed by, the aforesaid national of a the meanings prescribed in section 10 of a national of a designated enemy coun Executive Order 9193, as amended. designated enemy country (Germany); try (Japan). 3. That such property is in the process All determinations and all action re Executed at Washington, D. C., on of administration by Theresia Schaefer, quired by law, including appropriate con November 4, 1948. as executrix, acting under the judicial sultation and certification, having been For the Attorney General. supervision of the Orphans’ Court of made and taken, and, it being deemed Montgomery County, Norristown, Penn necessary in the national interest, [ sea l] D avid L . B azelon, sylvania; There is hereby vested in the Attorney Assistant Attorney General, and it is hereby determined: General of the United States the prop Director, Office of Alien Property. 4. That to the extent that the person erty described above, to be held, used, [F. R. Doc. 48-10186; Filed,s Nov. 22, 1948; named in subparagraph 1 hereof is not administered, liquidated, sold or other 8:51 a. m.] within a designated enemy country, the wise dealt with in the interest of and for national interest of the United States the benefit of the United States. requires that such person be treated as The terms “national” and “designated a national of a designated enemy country enemy country” as used herein shall have M ichaela M outzouridou (Germany). the meanings prescribed in section 10 of Executive Order 9193, as amended. NOTICE OF INTENTION TO RETURN VESTED All determinations and all action re PROPERTY quired by law, including appropriate Executed at Washington, D. C„ on Pursuant to section 32 (f ) of the Trad consultation and certification, having November 4, 1948. been made and taken, and, it being ing With the Enemy-Act, as amended, deemed necessary in the national For the Attorney General. notice is hereby given of intention to return, on or after 30 days from the interest, [ sea l] D avid L . B azelon, There is hereby vested in the Attorney Assistant Attorney General, date of the publication hereof, the fol General of the United States the prop Director, Offiée of Alien Property. lowing property, subject to any increase erty described above, to be held, used, or decrease resulting from the adminis [F. R. Doc. 48-10185; Filed, Nov. 22, 1948; tration thereof prior to return, and after administered, liquidated, sold or other 8:51 a. m.] wise dealt with in the interest of and adequate provision for taxes and con for the benefit of the United States. servatory expenses: The terms “national” and “designated Claimant, Claim. No., and Property and enemy country” as used herein shall have [ Vesting Order 12314] L ocation the meanings prescribed in section 10 Michaela Moutzouridou, Athens, Greece, K e n ic h i H ash im oto of Executive Order 9193, as amended. 6869; All right, title, Interest and claim of Executed at Washington, D. C., on In re: Cash owned by Kenichi Hashi any kind or character whatsoever of Fritz November 4, 1948. moto. D-39-19209-E-1. Lustgarten in and to the estate of Sigmund Under the authority of the Trading Lustgarten, deceased. For the Attorney General. With the Enemy Act, as amended, Execu Executed at Washington, D. C., on No [ sea l] D avid L . B azelon, tive Order 9193, as amended, and Execu vember 16, 1948. Assistant Attorney General, tive Order 9788, and pursuant to law, Director, Office of Alien Property. after investigation, it is hereby found: For the Attorney General. [F. R. Doc. 48-10184; Filed, Nov. 22, 1948; 1. That Kenichi Hashimoto, whose [ sea l] D avid L . B azelon, 8:51 a. m.] last known address is Japan, is a resident Assistant Attorney General, of Japan and a national of a designated Director, Office of Alien Property. enemy country (Jap an ); [F. R. Doc. 48-10158; Filed, Nov. 19, 1948; 2. That the property described as fol 9:02 a. m.] [Vesting Order 12313] lows: Cash in the sum of $572.35, pres ently in the possession of the Treasury I sao H arry H asegawa Department of the United States in Trust [Vesting Order 12318] In re: Cash owned by Isao Harry Hase Fund Account, Symbol 158915, "Deposits, gawa. F-39-6272. Funds of Civilian Internees and Pris H id ea k i O sh im o Under the authority of the Trading oners of War,” and any and all rights to demand, enforce and collect the same, In re: Cash owned by Hideaki Oshimo. With the Enemy Act, as amended, Exec D-39-19208-E-1. utive Order 9193, as amended, and Exec is' property within the United States Under the authority of the Trading utive Order 9788, and pursuant to law, owned or controlled by, payable, or deliv With the Enemy Act, as amended, Ex after investigation, it is hereby found: erable to, held on behalf of or on account ecutive Order 9193, as amended, and Ex 1. That Isao Harry Hasegawa, whose of, or owing to, or which is evidence of ecutive Order 9788, and pursuant to law, last known address is Japan, is a resident ownership or control by, Kenichi Hashi after investigation, it is hereby found: of Japan and a national of a designated moto, the aforesaid national of a desig 1. That Hideaki Oshimo, whose last enemy country (Japan); nated enemy country (Japan ); known address is Japan, is a resident of 2. That the property described as fol and it is hereby determined: Japan and a national of a designated en lows: Cash in the sum of $520.00, pres 3. That to the extent that the person emy country (Japan) ; ^ ently in the possession of the Treasury named in subparagraph 1 hereof is not 2. That the property déscribed as fol Department of the United States in Trust within a designated enemy country, the lows: Cash in the sum of $611.96, pres Fund Account, Symbol 158915, “Deposits, national interest of the United States re ently in the possession of the Treasury Funds of Civilian Internees and Prison quires that such person be treated as a Department of the United States in Trust ers of War,” and any and all rights to national of a designated enemy country Fund Account, Symbol 158915, “Deposits, demand, enforce and collect the same, (Japan). Funds of Civilian Internees and Prisoners is property within the United States All determinations and all action re of War,” and any and all rights to de owned or controlled by, payable or de- quired by law, including appropriate con mand, enforce and collect the same, Tuesday, November 23, 1948 FEDERAL REGISTER 6899 is property within the United States wise dealt with in the interest of and Vesting Order 1798 dated July 14, 1943 owned or controlled by, payable or deliv for the benefit of the United States. is hereby amended'as follows and not erable to, held on behalf of or on account The terms “national” and “designated otherwise. of, or owing to, or‘which is evidence of enemy-country” as used herein shall have By inserting immediately following the ownership or control by, Hideaki Oshimo, the meanings prescribed in section 10 name Sarah Maria Jobahaza, wherever the aforesaid national of a designated en of Executive Order 9193, as amended. it appears in said Vesting Order 1798, the emy country (Japan); words also known as Maria Josef a von Executed at Washington, D. C., on Dory Jobahaza. and it is hereby determined : November 4, 1948. All other provisions of said Vesting 3. That to the extent that the person For the Attorney General. Order 1798 and all actions taken by or named in subparagraph 1 hereof is not on behalf of the Alien Property Custo within a designated enemy country, the [ sea l] D avid L. B azelon, dian or Attorneys General of the United national interest of the United States re Assistant Attorney General, States in reliance thereon, pursuant quires that such person be treated as a Director, Office of Alien Property. thereto and under the authority thereof national of a designated enemy country [P. R. Doc. 48-10187; Filed, Nov. 22, 1948; are hereby ratified and confirmed. (Japan). 8:51 a. m.] All determinations and all action re Executed at Washington, D. C., on No quired by law, including appropriate con vember 18, 1948. sultation and certification, having been Foi;the Attorney General. made and taken, and, it being deemed [Vesting Order 1798, Amdt.] [ s e ^l ] D avid L. B razelon, necessary in the national interest. S amuel H arlan, J r. Assistant Attorney General There is hereby vested in the Attorney Director, Office of Alien Property. General of the United States the prop In re: Trust under Deed of Samuel erty described above, to be held, used, Harlan, Jr. dated January 2,1878. (File [P. R. Doc. 48-10188; Filed, Nov. 22, 1948; administered, liquidated, sold or other- No. D-28-2374; E. T. sec. 3336.) 8:51 a. m.] s.