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f t * | UTTEBA\ < 7 , I SCRIPTA I I MANET I

VOLUME 18 NUMBER 13

Washington, Tuesday, January 20, 1953

TITLE 3— THE PRESIDENT shelf of the United States and Alaska CONTENTS lying seaward of the line of mean low EXECUTIVE ORDER 10425 tide and outside the inland waters and THE PRESIDENT extending to the furthermost limits of Extensions o f T im e R e l a t in g t o t h e the paramount rights, full dominion, and Executive Orders Page D is p o s it io n o f C e r t a in H o u s in g power of the United States over lands of Administration of disaster relief. ,407 By virtue of the authority vested in the continental shelf are hereby set aside Amendment of Executive Order me by section 611 of the act entitled “An as a naval petroleum reserve and shall be No. 10179 of November 8, 1950, Act to expedite the provision of housing administered by the Secretary of the establishing the Korean Service in connection with national defense, and Navy. Medal______408 for other purposes” , approved October (b) The reservation established by Delegating to the Secretary of 14, 1940, as amended, hereinafter re­ this section shall be for oil and gas only, Defense the authority of the ferred to as the act, and having deter­ and shall not interfere, with the use of President to empower certain mined, after considering the needs of the lands or waters within, the reserved commanding officers of the national defense and the effect of the -area for any lawful purpose not incon­ armed forces to convene general extensions hereinafter provided for upon sistent with the reservation. courts-martial______—_ 408 the general housing situation and the Extensions of time relating to the S e c . 2. The provisions of this order national economy, that such extensions disposition of certain housing__ 405 shall not aifect the operating stipulation are in the public interest, it is hereby Setting aside submerged lands which was entered into on July 26, 1947, ordered as follows: of the continental shelf as a by the Attorney General of the United 1. The time stipulated in subsection naval petroleum reserve______405 (c) of section 601 of the act on or before States and the Attorney General of Cali-’ which requests must be filed under sub­ fomia in the case of United States of EXECUTIVE AGENCIES sections (a), (b), (g), and (h) of that America v. State of California (in the section is extended to June 30, 1953. Supreme Court of the United States, Agriculture Department 2. The time stipulated in section 606 October Term, 1947, No. 12, Original), See Productipn and Marketing (a) (1) of the act on or before which as thereafter extended and modified. Administration. conveyance of the housing projects listed S e c ! 3. (a) The functions of the Sec­ Alien Property, Office of in section 606 (a,) (3) of the act must be retary of the Interior under Parts n and Notices: requested by the governing body of the III of the notice issued by the Secretary Collectors Galleries, Inc.; disso­ municipality or county and on or before of the Interior on December 11, 1950, lution order______— 426 which the need for low-rent housing and entitled “ Oil and Gas Operations in Air Force Department must be demonstrated to the satisfaction the Submerged Coastal Lands of the Gulf Rules and regulations: of the Administrator is extended to June of Mexico” (15 P. R. 8835), as supple­ Decorations and awards; K o­ 30,1953. mented and amended, are transferred rean Service Medal------412 This order supersedes paragraphs 1 to the Secretary of the Navy; and the and 6 of Executive Order No. 10339 of term “Secretary of the Navy” shall be Civil Aeronautics Board April 5,1952, and paragraph 1 of Execu­ substituted for the term “ Secretary of Notices: tive Order No. 10395 of September 18, the Interior” wherever the latter term Southern Airways, Inc.; South­ 1952. occurs in the said Parts I I and III. ern certificate renewal case; H a r r y S. T r u m a n (b) Paragraph (c) of Part III of the notice of oral argument______428 aforesaid notice dated December 11,1950, Rules and regulations: T he W h it e H o u s e , Certification and operation rules January 16, 1953. as amended, is amended to read as follows: for scheduled air carrier op­ IF. R. Doc. 53-736; Filed, Jan. 16, 1953; erations outside the continen­ 4:57 p. m.] “ (c) The remittance shall be deposited tal limits of the United in a suspense account within the Treas­ States; modification of ap­ ury of the United States, subject to the proach and landing limita­ control of the Secretary of the Navy, tions_____:______408 EXECUTIVE ORDER 10426 the proceeds to be expended in such Irregular air carrier and off- route rules; exceptions______409 Setting A s id e S ubm er g ed L a n d s of manner as may hereafter be directed by Scheduled air carrier rules; the C o n t in e n t a l S h e l f a s a N aval an act of Congress or, in the absence of modification of approach and P etro leum R eser ve such direction, refunded (which may in­ landing limitations______409 clude a refund of the money for reasons By virtue of the authority vested in Coast Guard hie as President of the United States, it other than those hereinafter set forth) Rule&-and regulations: is ordered as follows: or deposited into the general fund of the Regulations, United States Treasury, as the Secretary of the Navy Se c tio n 1. (a) Subject to valid exist­ Coast Guard Reserve; phys­ a s rights, if any, and to the provisions may deem to be proper.” ical examination for short of this order, the lands of the continental (Continued on p. 407) periods of training duty------412 405 406 THE PRESIDENT

CONTENTS— Continued CONf ENTS— Continued Economic Stabilization Agency Pase Price Stabilization, Office of Pase FEBEML|pREGISTER See Price Stabilization, Office of; Notices: \ 1934 Rent Stabilization, Office of. Brunner Manufacturing Co. ; Federal Maritime Board ceiling prices for sales of op­ Notices : tional five year protection Published daily, except Sundays, Mondays, American President Lines, Ltd., plan for compressors.______435 and days following official Federal holidays, General Motors Corp. ; approval by the Federal Register Division, National et al.; notice of cancellation Archives and Records Service, General Serv­ of agreement by Board______426 of additions attachèd to letter to dealers dated January 7, ices Administration, pursuant to the au­ Federal Security Agency thority contained in the Federal Register 1953—„ ______435 Act, approved July 26, 1935 (49 Stat. 500, as See Public Health Service. List of community ceiling price amended; 44 U. S. C., ch. 8B ), under regula­ Federal Trade Commission orders; certain regions._____ 436 tions prescribed by the Administrative Com­ Rules and regulations: Rules and regulations: mittee of the Federal Register, approved by Area milk price adjustments; th$ President. Distribution is made only by International Association of the Superintendent of Documents, Govern­ Electrotypers & Stereo typers, Waukegan marketing area, ment Printing Office, Washington 25, D. O. Inc., et al______410 Illinois; adjustment of ceil­ The regulatory material appearing herein ing prices (GCPR, SR 63, is keyed to the Code of Federal Regulations, Foreign and Domestic Com­ AM PR 32)____ 416 which is published, under 50 titles, pursuant merce Bureau Comparison commodity limited to section 11 of the Federal Register Act, as See International Trade, Office of. to new commodity purchased amended June 19, 1937. from the same class of sup­ The Federal Register will be furnished by Housing and Home Finance plier (G C P R )______419 mail to subscribers, free of postage, for $1.50 per month or $15.00 per .year, payable in Agency In-line adjustments for proces­ advance. The charge for individual copies Notices :. sors of evaporated milk (minimum 15tf) varies in proportion to the Defense housing programs in (GCPR, SR 130)______419 size of the issue. Remit check or money critical defense housing Services (CPR 34): order, made payable to the Superintendent areas; miscellaneous amend­ Approval of certain auto- of Documents, directly to the Government ments______428 motive and farm tractor Printing Office, Washington 25, D. C. repair service flat rate There are no restrictions on the republica­ Interior Department tion of material appearing in the F ederal manuals; approval of addi­ R egister. See also Defense Electric Power tional flat rate manuals Administration; National Park and labor schedules (SR Service. 3 )___— ______417 Notices: Modification of central pric­ Now Available Heads of bureaus and offices; ing provisions______416 delegation of authority with Southern yellow pine lumber; UNITED STATES respect to negotiation of con­ miscellaneous amendments tracts with educational insti­ (CPR 149)___ 418 GOVERNMENT tutions_____-______427 Stock mill work; correction ORGANIZATION Utah; Uintah and Ouray Res­ (CPR 181) ______418 MANUAL ervation; revocation in part of Territorial eating and drinking orders withdrawing opened establishments ; amendment 1952-53 Edition Indian reservation lands for of transfer of business provi­ (Revised, through July 1) reclamation purposes______426 sion (CPR 120)—. ______417 Production and Marketing Ad­ Published by the Federal Register Division, International Trade, Office of the National Archives and Records Service, Rules and regulations: ministration General Services Administration Positive list of commodities and Proposed rule making: related matters; miscellane­ Collard greens or broccoli 746 pages— $1.00 a copy ous amendments______413 greens ; U. S. Standards_____ . 425 Order from Superintendent of Documents, Interstate Commerce Commis­ Public Health Service United States Government Printing Office, sion Rules and regulations: Washington 25, D. C. Grants: Notices: For cancer control programs. 422 Tallow from Ft. Worth and Dal­ To States for public health las, Tex., to Good Hope, La. ; services ______i 422 application for relief______•«. 430 CONTENTS— Continued Rent Stabilization, Office of Justice Department Commerce Department Pag® Rules and regulations : See Federal Maritime Board; In­ See Alien Property, Office of. Defense rental areas: ternational Trade, Office of. Labor Department Hotels; Texas______- 422 Housing : Defense Department See Wage and Hour Division. Maryland______421 See also Air Force Department. National Capital Housing Au­ Miscellaneous ' amend­ Delegating to the Secretary the thority ments ______420 authority of the President to Texas______- 422 Notices: empower certain commanding Motor courts; Texas______- 422 officers of the armed forces to Appointment of Acting Execu­ Rooms; Texas______— 422 convene general courts-martial tive Director; delegation of (see Executive orders). rights, powers, duties and re­ Securities and Exchange Com­ Defense Electric Power Admin­ sponsibilities______430 mission istration National Park Service Notices: Rules and regulations: Rules and regulations: Hearings, etc.: Limitation of consumption and General rules and regulations; Alleghany Corp.______431 deliveries of electric energy in camping,______;______422 Central Public Utility Corp. Pacific Northwest; curtail­ Special regulations; Fort Jef­ (2 documents)______431, 433 ment of interruptible power ferson National Monument; Community Gas and Power (EO-4A, Dir. 1 )______— 420 fishing— ______422 Co. et al______431 Tuesday, J a n u a ry 20, 1953 FEDERAL REGISTER 407

CONTENTS—Continued CODIFICATION GUIDE— Con. resources of Federal agencies pursuant to the act during a major disaster, such Securities and Exchange Com- FaSe Title 33 Page agencies shall from time to time make mission— Continued Chapter I: suitable plans and preparations in antici­ Notices—Continued Part 8______pation 412 of their responsibilities in the Hearings, etc.— Continued Title 36 event of a major disaster. The Federal Civil Defense Administrator shall coor­ Interstate Power Co______434 Chapter I: dinate on behalf of the President such Narragansett Electric Co_____ 434 Part 1______: _____ 422 plans and preparations. J. Neils Lumber Co______433 Part 20______422 North American Co. and S e c . 3. To the extent authorized by Union Electric Co. of Mis­ Title 42 Chapter I: the act, the Federal Civil Defense Ad­ souri______432 ministrator shall foster the development Ohio Edison Co______433 Part 51______422 Part 52______;______422 of such State and local organizations Treasury Department and plans as may be necessary to cope See Coast Guard. with major disasters. (c) The provisions of Parts I I and H I Wage and Hour Division S e c . 4. Nothing in this order shall be of the aforesaid notice dated December Notices: construed to prevent any Federal agency 11, 1950, as supplemented and amended, Learner employment certifi­ from affording such assistance and tak­ including the amendments made by this cates; issuance to various in­ ing such other action as may accord 42- _order, shall continue in effect until dustries—^______with the existing policies, practices, or * "changed by the Secretary of the Navy. statutory authority of such agency in CODIFICATION GUIDE S e c . 4. Executive Order No. 9633 of the event of any disaster which will not September 28, 1945, entitled “Reserving permit delay in the commencement of A numerical list of the parts of the Code and Placing Certain Resources of the Federal assistance or other Federal ac­ of Federal Regulations affected by documents Continental Shelf under the Control and tion, and pending the determination of published in this issue. Proposed rules, as the President whether thé disaster is a opposed to final actions, are identified as Jurisdiction of the Secretary of the In­ such. terior” (10 F. R. 12305), is hereby major disaster: Provided, that such as­ revoked. sistance and such other action shall be Title 3 Page H ar r y S. T r u m a n subject to coordination by the Federal Chapter n (Executive orders) : Civil Defense Administrator, acting on 9633 (revoked by EO 10426)______405 T h e W h it e H o u s e , behalf of the President. 10179 (amended by EO 10429) _ 408 January 16, 1953. S e c . 5. The Federal Civil Defense Ad­ 10221 (revoked by EO 10427) __ 407 [F. R. Doc. 53-734; Filed, Jan. 16, 1953; 4:56 p. m.] ministrator may delegate any authority 10339 (superseded in part by EO or function delegated or assigned to him 10425)______i ______405 by the provisions of this order to any 10395 (superseded in part by EO other officer or officers of the Federal 10425)______405 Civil Defense Administration or, with 10425 ______405 EXECUTIVE ORDER 10427 the consent of the head thereof, to any 10426 ______405 other Federal agency. 10427 ______A dministration 407 o f D isaster R e l ie f 10428 _.;______408 By virtue of the authority vested in S e c . 6. Federal disaster relief provided 10429 ______408me by the act of September 30, 1950, under the act shall be deemed to be sup­ Title 7 entitled “An Act to authorize Federal plementary to relief afforded by State, local, or private agencies and not in sub­ Chapter I: assistance to States and local govern­ ments in major disasters, and for other stitution therefor; Federal financial con­ . Part 51 (proposed) ______425 purposes”, 64 Stat. 1109, as amended (42 tributions for disaster relief shall be Title 14 U. S. C. 1855 ff.), hereinafter referred to conditioned upon reasonable State and Chapter I: as the act, and as President of the United local expenditures for such relief; the Part 41______.-______408 States, it is hereby ordered as follows: limited responsibility of the Federal Part 42______409 Government for disaster relief shall be Part 61______409 S e c t io n 1. The following-described au­ made clear to State and local agencies thority and functions shall be exercised concerned; and the States shall be en­ Title 15 or performed by the Federal Civil Chapter III: couraged to provide funds which will Defense Administrator: be available for disaster relief purposes. Part 399______413 (a) The authority conferred upon the Title 16 President by section 3 of the act to direct S ec. 7. As used herein, the terms Chapter I: Federal agencies to provide assistance “ major disaster” and “Federal agency” Part 3__ „______410 in major disasters. ' shall have the meanings ascribed to them in the act. Title 32 (b) The authority conferred upon the President by section 5 (a) of the act to S e c . 8. So much of the records of the Chapter V II: coordinate the activities of Federal agen­ Part 878______412 Housing and Home Finance Agency re­ cies in providing disaster assistance, and lating to the activities delegated by Title 32A to direct any , Federal agency to utilize Executive Order No. 10221 as the Hous­ Chapter i n (OPS) : its available personnel, equipment, sup­ ing and Home Finance Administrator CPR 34______416 plies, facilities, and other resources, in and the Federal Civil Defense Admin­ CPR 34, SR 3______417 accordance with the authority contained istrator shall jointly determine shall be CPR 120______:___ 417 in the act. transferred to the Federal Civil Defense CPR 149______418 (c) The preparation of proposed rules Administration. - CPR 181______418 and regulations for the consideration of S e c . 9. Executive Order No. 10221 of G CPR______419 the President and issuance by him under section 5 (b) of the act. March 2, 1951 (16 F. R. 2051), is hereby GCPR, SR 63, AMPR 32______416 revoked: Provided, That the Housing GCPR, SR 130______419 (d) The preparation of the annual and Home Finance Administrator is Chapter X I (DEPA) ; and supplemental reports provided for hereby authorized and directed to carry EO-4A, Dir. 1______±__ 420 by section 8 of the act for the considera­ out and complete all activities, including Chapter X X I (ORS) : tion of the President and transmittal by reports thereon, provided for by that RR 1 (3 documents)_____ 420,421,422 him to the Congress. order in connection with any disaster g R 2.------422 S e c . 2. In order to further the most determined, in accordance with the pro­ RR 3------422 effective utilization of the personnel, visions of the act and prior to the effec­ RR 4______422 equipment, supplies, facilities, and other tive date of this order, to be a major 408 THE PRESIDENT disaster: And provided further, That the Article 22 (a) (7), to empower any officer “ 1, There is hereby established the Housing and Home Finance Adminis­ of the armed forces who is the com­ Korean Service Medal, with suitable ap­ trator shall prepare the annual and sup­ mander of a joint command or joint task purtenances, for award, under such reg­ plemental reports provided for by section force to convene general courts-martial ulations as the Secretaries of the Army, 8 of the act for the calendar year 1952 for the trial of members of any of the Navy, and Air Force and the Secretary for the consideration of the President armed forces in accordance with the of the Treasury may severally prescribe, and transmittal by him to the Congress. Uniform Code of Military Justice, Article and subject to the provisions of this 17 (a ), and the Manual for Courts-Mar­ order, to members of the armed forces S e c . 10. This order shall become effec­ tial, United States, 1951r paragraph 13. of the United States who during any tive January 16, 1953. period between June 27, 1950,"inclusive, H arry S. T r u m a n H ar r y S. T r u m a n and a terminal date to be fixed by the T h e W h it e H o u s e , Secretary of Defense shall have served T h e W h it e H o u s e , January 17, 1953. within the area or areas of military January 16, 1953. operations in the Korean theater. [F. R. Doc. 53—735; Filed, Jan. 16, 1953; [F.' R. Doc. 53-754; Filed, Jan. 19, 1953; “ 2. The regulations prescribed by the 4:56 p. m.] 10:47 a. m.] Secretaries Of the Army, Navy, and Air Force pursuant to paragraph 1 hereof shall be uniform so far as practicable EXECUTIVE ORDER 10428 and shall be approved by the Secretary EXECUTIVE ORDER 10429 of Defense. The regulations prescribed D e le g a t in g to t h e S ecr etar y o f D e f e n s e A m e n d m e n t o f E x e c u t iv e O rder N o . by the Secretary of the Treasury pur­ t h e A u t h o r it y o f t h e P r e s id e n t T o 101791 o f N o vem ber 8, 1950, E stab­ suant to paragraph 1 hereof shall, so far E m p o w e r C e r t a in C o m m a n d in g O f f i ­ as practicable, be uniform with the reg­ l is h in g t h e K orean S ervice M edal cers o f t h e A rmed F orces T o C o n v e n e ulations prescribed by the Secretaries of G e n e r a l C o u r t s -M ar t ia l By virtue of the authority vested in me the Army, Navy, and Air Force and ap­ By virtue of the authority vested in as President of the United States and as proved by the Secretary of Defense pur­ me by the Uniform Code of Military Commander in Chief of the armed forces suant to the said paragraph.” of the United States, it is ordered that Justice, Article 140 (64 Stat. 107, 145), H ar r y S. T ruman and as Commander in Chief of the armed paragraphs numbered 1 and 2 of Execu­ tive Order No. 10179 of November 8,1950, T h e W h it e H o u s e , forces of the United States, I hereby January 17, 1953. delegate to the Secretary of Defense the entitled “Establishing the Korean Serv­ authority, vested in the President by ice Medal” , be, and they are hereby, [F. R. Doc. 53-755; Filed, Jan. 19, 1953; the Uniform Code of Military Justice, amended to read as follows: 10:47 a. m.]

RULES AND REGULATIONS

TITLE 14— CIVIL AVIATION would be true even though at the time range station or comparable facility. the latest report was received the air­ Thereafter, the pilot may make a land­ Chapter f— Civil Aeronautics Board plane was in landing configuration but ing, if upon reaching the approved mini­ mum altitude he finds that the weather [Civil Air Regs., Amdt. 41-7] had not made actual touchdown. The Civil Aeronautics Administration conditions are equal to or better than the P art 41— C ertification an d O p e r a t io n and the Board concur that it would not prescribed minimums. R u l e s for S c h e d u le d A ir C arrier be rational to hold a pilot in-violation Interested persons have been afforded O p e r a t io n s O u t s id e t h e C o n t in e n t a l were he to continue and land in good an opportunity to participate in the mak­ L i m i t s of t h e U n it e d S tates faith in such cases. However, it is con­ ing of this amendment, and due con­ APPROACH AND LANDING LIMITATIONS sidered desirable that the wording of sideration has been given to all relevant the regulation be amended so as to re­ mattér presented. Adopted by the Civil Aeronautics move the question of technical violations In consideration of the foregoing the Board at its office in Washington, D. C., arising in such cases. In order to clarify Civil Aeronautics Board hereby amends on the 12th day of January 1953. the intent of this limitation, it is neces­ Part 41 of the Civil Air Regulations (14 Section 41.119 Approach and landing sary that the regulation permit the con­ CFR Part 41, as amended) effective limitations of Part 41 of the Civil Air tinuance of the approach in certain in­ February 16, 1953: Regulations currently prohibits the exe­ stances when the aircraft has entered a By adding a proviso at the end of cution of an approach or landing at an phase of the approach and landing pro­ § 41.119 to read: “Provided, That, if an airport when the latest United States cedure which will be easily cognizable instrument approach procedure is in­ Weather Bureau report indicates weather to either the pilot or an enforcement itiated when the current U. S. Weather conditions less than the authorized mini- official. This, exception uses distinct Bureau report indicates that the pre­ mums. This limitation was intended to geographical and altitude references in scribed ceiling and visibility minimums prohibit descent below the authorized order to preclude the undesirable fea­ exist and a later weather report indi­ minimum altitude to “ take a look” when tures of “ take a look” and to remove cating below minimum conditions is re­ weather is reported to be less than the doubt in the minds of the pilot and en­ ceived after the aircraft (a) is on an ILS authorized minimums. The language forcement officials with regard to final approach and has passed the outer presently used in this limitation does not whether or not a violation has occurred. marker, or (b) is on a final approach take into account certain impractical y In view of the foregoing, this amend­ using a radio range station or compar­ situations which are frequently en­ ment to the approach and landing limi­ able facility and has passed the appro­ countered. The weather report received tations* permits the pilot to continue his priate facility and has reached the by the pilot at the time he commences his approach after receiving a weather re­ authorized landing minimum altitude, let-down and approach procedure may port indicating less than the authorized or (c) is on GCA final approach and has indicate weather conditions better than minimums only in those instances when been turned over to the final approach the authorized minimum; however, if the aircraft has passed the outer marker during the approach the weather de­ on an ~ILS final approach, is on final controller, such approach may be con­ teriorates and becomes less than the approach using GCA procedure, or has tinued and a landing may be made in authorized minimum and the pilot con­ passed the appropriate minimum alti­ the event weather Conditions equal to or tinues his approach and landing, the tude on a final approach utilizing a radio better than the prescribed minimums landing would be in violation of the for the airport are found to exist by the present limitation. Technically this * 15 F. R. 7665; 3 CFR 1950 Supp. pilot in command of the flight upon Tuesday, J a n u a ry 20, 1953 FEDERAL REGISTER 409 reaching the authorized landing mini­ minimums only in those instances when impractical situations which are fre­ mum altitude.” the aircraft has passed the outer marker quently encountered^ The weather re­ (Sec. 205, 52 Stat. 984; 49 U. S. C. 425. In ­ on an ILS final approach, is on final port received by the pilot at the time he terprets or applies secs. 601, 604, 52 Stat. 1007, approach using GCA procedure, or has commences his letdown and approach 1010; 49 U. S. C. 551, 554) passed the appropriate minimum alti­ procedure may indicate weather condi­ tude on a final approach utilizing a radio tions better than the authorized mini­ By the Civil Aeronautics Board. range station or comparable facility. mum; however, if during the approach [SEAL] M . C . M u l l ig a n , Thereafter, the pilot may make a land­ the weather deteriorates and becomes Secretary. ing, if upon reaching the approved less than the authorized minimum and minimum altitude he finds that the the pilot continues his approach and [ P . R . Doc. 53-648; Piled, Jan. 19, 1953; ß:49 a. m.] weather conditions are equal to or better landing, the landing would be in viola­ than the prescribed minimums. tion of the present limitation. Techni­ Interested persons have been afforded cally this would be true even though at an opportunity to participate in the the time the latest report was received making of this amendment, and due con­ [Civil Air Regs., Arndt. 42-16] the airplane was in landing configura­ sideration has been given to all relevant tion but had not made actual touchdown. Part 42—I rregular A ir C arrier a n d matter presented. The Civil Aeronautics Administration O f f -R o u t e R u l e s In consideration of the foregoing the and the Board concur that it would not Civil Aeronautics Board hereby amends be rational to hold a pilot in violation e x c e p t io n s Part 42 of the Civil Air Regulations (14 were he to continue and land in good Adopted by the Civil Aeronautics CPR Part 42,- as amended) effective faith in such cases. However, it is con­ Board at its office in Washington, D. C., February 16, 1953: sidered desirable that the wording of on the 12th day of January 1953. By adding a proviso at the end of the regulation be amended so as to re­ Section 42.56 Exceptions of Part 42 § 42.56 to read: “Provided, That, if an move the question of technical, violations of the Civil Air Regulations currently instrument approach procedure is initi­ arising in such cases. In order to clarify prohibits the execution of an approach ated when the current II. S. Weather the intent of this limitation, it is neces­ or landing at an airport when the latest Bureau report indicates that the pre­ sary that the regulation permit the con­ United States Weather Bureau report scribed ceiling and visibility m inim um s tinuance of the approach in certain in­ indicates weather conditions less than exist and a later weather report indi­ stances when the aircraft has entered a the authorized minimums. This lim­ cating below minimum conditions is re­ phase of the approach and landing pro­ itation was intended to prohibit descent ceived after the aircraft (a) is on an cedure which will be easily cognizable to below the authorized minimum altitude ILS final approach and has passed the either the pilot or an enforcement offi­ to “take a look” when weather is reported outer marker, or (b) is on a final ap­ cial. This exception uses distinct geo­ to be less than the authorized minimums. proach using a radio range station or graphical and altitude references in 'the language presently used in this lim­ comparable facility and has passed the order to preclude the undesirable fea­ itation does not take into account certain appropriate facility and has reached the tures of “ take a look” and to remove impractical situations Which are fre­ authorized landing minimum altitude, doubt in the minds of the pilot and en­ quently encountered. « The weather re­ or (c) is oh GCA final approach and has forcement officials with regard to port received by the pilot at the time he been turned over to the final approach whether or not a violation has occurred. commences his letdown and approach controller, such approach may be con­ In view of the foregoing, this amend­ procedure may indicate weather condi­ tinued and a landing may be made in the ment to the approach and landing limi­ tions better than the authorized mini­ event weather conditions equal to or bet­ tations permits the pilot to continue his mum; however, if during the approach ter than the prescribed minimums for approach after receiving a weather re­ the weather deteriorates and becomes the airport are found to exist by the port indicating less than the authorized less than the authorized minimum and pilot in command of the flight upon minimums only in those instances when the pilot continues his approach and reaching the authorized landing mini­ the aircraft has passed the outer marker landing,-the landing would be in viola­ mum altitude.” on an ILS final approach, is on final tion of the present limitation. Tech­ (Sec. 205, 52 Stat. 984; 49 U. S. C. 425. In ­ approach using GCA procedure, or has nically this would be true even though terprets or applies secs. 601, 604, 52 Stat. 1007, passed the appropriate minimum alti­ at the time the latest report was received 1010; 49'U. S. C. 551, 554) tude on a final approach utilizing a radio range station or comparable fa­ the airplane was in landing configura­ By the Civil Aeronautics Board. tion but had not made actual touchdown. cility. Thereafter, the pilot may make [ s e a l ] M. C. M u l l ig a n , a landing, if upon reaching the approved The Civil Aeronautics Administration minimum altitude he finds that the and the Board concur that it would not Secretary. weather conditions are equal to or better be rational to hold a pilot in violation [F. R. Doc. 53-649; Filed, Jan. 19, 1953; than the prescribed minimums. were he to continue and land in good 8:50 a. m.] Interested persons have been afforded faith in such cases. However, it is con­ an opportunity to participate in the sidered desirable that the wording of making of this amendment, and due the regulation be amended so as to re­ consideration has been given to all rele­ [Civil Air Regs., Amdt. 61-10] move the question of technical violations vant matter presented. arising in such cases. In order to clarify P art 61—S c h e d u le d A i r C arrier R u l e s In consideration of the foregoing the tbe intent of this limitation, it is neces­ Civil Aeronautics Board hereby amends APPROACH AND LANDING LIMITATIONS ' sary that the regulation permit the con­ Part 61 of the Civil Air Regulations (14 tinuance of the approach in certain Adopted by the Civil Aeronautics CFR Part 61, as amended) effective instances when the aircraft has entered Board at its office in Washington, D. C., February 16, 1953: a phase of the approach and landing pro­ on the. 12th day of January 1953. By adding a proviso at the end of cedure which will be easily cognizable Section 61.273 Approach and landing § 61.273 to read: “Provided, That, if an to either the pilot or an enforcement limitations of Part 61 .of the Civil Air instrument approach procedure is official. This exception uses distinct Regulations currently prohibits the exe­ initiated when the current U. S. Weather geographical and altitude references in cution of an approach or landing at an Bureau report indicates that the pre­ order to preclude the undesirable fea­ airport when the latest United States scribed ceiling and visibility minimums tures of “take a look” and to remove Weather Bureau report indicates exist and a later weather report indi­ doubt in the minds of the pilot and en­ weather conditions less than the author­ cating below minimum conditions is forcement officials with regard to ized minimums. This limitation was in­ received after the aircraft (a) is on an whether or not a violation has occurred. tended to prohibit descent below the ILS final approach and has passed the In view of the foregoing, this amend­ authorized minimum altitude to “take outer marker, or (b) is on a final ap­ ment to the approach and landing limi­ a look” when weather is reported to be proach using a radio range station or tations permits the pilot to continue his less than the authorized minimums. The comparable facility and has passed the approach after receiving a weather re­ language presently used in this limita­ appropriate facility and has reached port indicating less than the authorized tion does not take into account certain the authorized landing minimum alti- 410 RULES AND REGULATIONS tude, or (c) is on GCA final approach or selling rates, formulated, devised or Inc.; Superior Electrotype Co., Inc.; The and has been turned over to the final adopted by agreement, understanding or Colonial'Press, Inc.; J. S. Cushing Co.; approach controller, such approach may collective action, if such should be for The Plimpton Press; Arthur J. Cheney be continued and a landing may be made the purpose or with the effect of sys­ and Roger M. Powers, partners trading in the event weather conditions equal to tematically making, quoting, charging, as Springfield Electrotype & Stereotype or better than the prescribed minimums stabilizing or fixing prices, terms, or Service; Charles Van Vlack Co.; Battle for the airport are found to exist by the conditions of sale on the part of two or Creek Electrotype Co.; Perry Printing pilot in command of the flight upon more competitors; (4) formulate, devise, Co.; Lansing Electrotype Co.; Printing reaching the authorized landing mini­ adopt, or use any multiplier or selling Trade Plate Makers Co.; Rotary Press mum altitude.” rate in conjunction with the use of any Co.; T. C. Parrish, trading as American (Seer 205, 52 Stat. 984; 49 U. S. C. 425. compilation of figures with the effect Cut & Matrix Co.; Robert H. Smallfeldt, Interprets or applies secs. 601, 604, 52 Stat. of causing or continuing the fixing and trading as Kansas City Electrotype Co.; 1007, 1010; 49 U. S. O. 551, 554) stabilizing of prices; or (5) file, ex­ Artcrafts Engraving Co.; John Wuest change, distribute, or relay among the and D. Jules Sacks, partners trading as By the Civil Aeronautics Board. respondent Associations, or any of them Active Matrix Co.; Lee Seibert, trading [ seal] M. C. M u llig a n , or their members, or any of their repre­ as National Matrix Service; T. P. Bea- Secretary. sentatives, or through the respondent com and J. H. Davies, partners trading as Beacom-Davies Co.; Charles J. Hely [P. R. Doc. 53-650; Piled, Jan. 19, 1953; International or its representatives, or 8:50 a. m.] through any other central agency, in­ and John E. McCormack, partners trad­ formation concerning prices, terms, and ing as Hely & McCormack; Albany Elec­ discounts allowed to certain customers trotype Co., Inc.; Williams Press, Inc.; TITLE 16— COMMERCIAL where the identity of the seller or pur­ Willard H. Marshman, trading as Qual­ chaser can be determined through such ity Electrotype Foundry; A. E. Munyer PRACTICES information and which has the capacity Electrotype Co., Inc.; William J. Onink, Chapter I— Federal Trade Commission or tendency of aiding in securing com­ Inc.; The Cornwall Press, Inc,; Ad Plate pliance with announced prices, terms, & Mat Co., Inc. ; Empire City Electrotype [Docket 5356] or discounts; prohibited. Co., Inc.; Neptune Electrotype Corp.; P art 3— D igest of C ease and D esist (Sec. 6, 38 Stat. 722; 15 U. S. C. 46. In ­ Mulligan & Walsh, Inc.; Publishers Plate O rders terprets or applies sec. 5, 38 Stat. 719, as & Mat Co., Inc.; Western Newspaper amended; 15 U. S. C. 45) [Cease and desist Union; Gilman Fanfold Corp.; The J. W. INTERNATIONAL ASSN. OF ELECTROTYPERS & order, International Association of Electro­ Ford Co.; The McDonald Printing Co.; STEREOTYPERS, INC., ET AL. typers & Stereotypers, Inc., et al., Cleveland, The Rapid Electrotype Co.; James T. O., Docket 5356, October 23, 1952] Subpart—Combining or conspiring: Flanagan and Frank J. Flanagan, part­ § 3.430 To enhance, maintain or unify In the matter of International Associ­ ners, trading as Advertisers Matrix Co.; prices. In or in connection with the of­ ation of Electrotypers and StereotyperS, Standard Plate & Matrix Co.; E. L. fering for sale, sale and distribution of Inc., its Officers, Executive Board, and Geiger, trading as Geiger Stereotype electrotypes, stereotypes, or matrices ¿n Members; New England Electrotypers Co.; The Gilbert-Baker-Midlam Co.; commerce, and (1) on the part of re­ Association, its Officers, Board of Direc­ Springfield Electrotype Co.; Bureau of spondent, International Association of tors, and Members; Chicago Employing Engraving; J. R. Cissna and W. T. Electrotypers & Stereotypers, Inc.; (2) Electrotypers Association, its Officers, Resing, partners, trading as Oklahoma fifteen local and regional associations; Board of Governors, and Members ; Chi­ Mat & Plate Co.; The Morgan Co., Inc.; (3) their respective officers, members of cago Employing Stereo typers Associa­ Keystone Electrotype Co.; Potomac boards or committees, agents, representa­ tion, its Officers and Members; Electro­ Electrotype Co.; D. Edward McAllister, tives, employees, and members; (4) cer­ typers & Stereotyp'ers Association of New trading as Progress Plate Making Co.; tain individuals joined individually and York, Inc., its Officers, Directors, and Jos. W. Sullivan, trading as J. W. Sulli­ as officers of said first-named or of cer­ Members; New York State Electrotypers van Co.; Art Engraving & Electrotype tain other respondent associations; (5) Association, its Officers and Members; Co., Inc.; Acme Plate & Mat Co.; Erskine a large number of member participant Ohio State Association of Electrotypers & Morrison, Inc.; Chattanooga Electro­ concerns; and (6) seventeen non-mem­ & Stereotypers, its Officers and Mem­ type Co.; W. D. Hoard & Sons; Progres­ ber participant concerns; entering, into, bers; Wisconsin Employing Electrotyp­ sive Printing Plate Service, Inc.; Carl N. continuing, cooperating in, or carrying ers Association, its Officers and Mem­ Lahl, trading as Lahl Matrix & Plate Co.; out any planned common course of ac­ bers; Pacific Northwest Electrotypers L. R. Dowling; Stetson D. Richmond; Cy tion, understanding, agreement, combi­ and Stereotypers Association, its Officers Means; R. McDonald; Precision Electro­ nation, or conspiracy between any two or and Members; Potomac District Associ­ type Company; Muirson Label Co., Inc.; more of said respondents or between any ation of Electro typers & Stereotypers, its Arthur W. Hoffschneider and Alma Hoff- one or more of said respondents and Officers and Members; Employing Elec­ schneider, partners trading as A. W. others not parties, to (1) establish, fix, or trotypers Association of St. Louis, its Hoffschneider Company; and The Meth­ maintain prices, discounts, terms, or con­ Officers and Members; Employing Elee- odist Book Concern. ditions of sale, or trade customs, or ad­ trotypers & Stereotypers of Philadelphia, This proceeding having been heard by here to any prices, discounts, terms, or its Officers and Members; Detroit Em­ the Federal Trade Commission upon the conditions of sale, or trade customs so ploying Electrotypers & Stereotypers As­ complaint of the Commission, answers of established or maintained; (2) formu­ sociation, its Officers, ' Directors, and the respondents, testimony and other late, devise, adopt, or use compilations Members; Indiana State Electrotypers evidence in support of and in opposition of prices or values, such as the so-called Association, its Officers, Directors, and to the allegations of said complaint taken Standard Scales, whether or not in the Members; Northern California Electro­ before a hearing examiner of the Com­ form of prices or in the form of units or typers & Stereotypers Association, its mission theretofore duly designated by figures to be converted into prices by the Officers and Members; Southern Cali­ it, recommended decision of the hearing use of a multiplier or selling rate, if such fornia Electrotypes & Stereotypers As­ examiner, with exceptions thereto filed should be for the purpose or with the sociation, its Officers and Members; and by respondent Precision Electrotype effect of systematically making, quoting, The Smith-Brooks Printing Company; Company and by Marathon Corporation, charging, stabilizing or fixing prices, Wm. H. Lockwood Sons, Inc.; Edward H. an unspecified member of a respondent terms, or Conditions of sale on the part Parkhurst Co. ; The Southern Electro class, and briefs and oral argument of of two or more competitors; (3) engage Company; The Wrigley Co., Inc.; Mer­ counsel in support of and in opposition in or continue pricing actions, practices chants Matrix Cut Syndicate; Meyer- or policies based in whole or in part Both Co.; Sampson & Ollier Electrotype to the allegations of the complaint inso­ upon any compilation of prices or values, Co.; Shhroeder Bros. Co.; Union Engrav­ far as they pertain to respondent Pre­ such as the so-called Standard. Scales, ing Co;, Inc.; Rockford Illustrating Co.; cision Electrotype Company; and the whether or not in the form of prices, Springfield Electrotype Co.; Waterloo Commission having issued its order dis­ units, or figures which may be converted Engraving & Service Co.; Louisville Elec­ posing of the exceptions to said recom­ into prices through the use of multipliers trotype Co.; Louisiana Electrotype Co.. mended decision and having made its Tuesday, J a n u a ry 20, 1953 FEDERAL REGISTER 411

findings as to the facts1 and its conclu­ Inc., The Central Electrotype Company, Progressive Electrotype Company, Pro­ sion 1 that the respondents, except those ' Central Electrotype Foundry Co., Inc., gressive Matrix Company, The Quality as to whom the complaint is hereinafter Central Typesetting & Electrotyping Co., Engraving and Electrotype Company, specifically dismissed, have violated the Chicago Electrotype & Stereotype Co., The Rapid Electrotype Co., Reilly provisions of section 5 of the Federal Congress Electrotype Co., Consolidated - Electrotype Company, Reinert-Preisler Trade Commission Act: Electro typers, Inc., Crescent Engraving Electrotype Company, F. A. Ringler It is ordered, That the respondents, Company, The Cresset Company, The Company, F. J. Ringler & Co., Rochester International Association of Electro­ Thomas H. Crosley Company, The Day- Electrotype and Engraving Company, typers & Stereotypers, Inc., New Eng­ ton Electrotype Company, Detroit Elec­ Inc., Royal Electrotype Company (Phila­ land Electrotypers Association, Chicago trotype Company, J. K. Dean individually delphia), Royal Electrotype Company of Employing Electrotypers Association, and trading as Dixie Electrotype Com­ New England, Ruralist Press, Inc., Chicago Employing Stereotypers Asso­ pany, Dorsey Printers Supply Company, Scranton Electrotype Company, Service ciation, Electrotypers and Stereotypers Inc., Electrotype Service (Indianapolis), Electrotype Company (Milwaukee), Association of New York, Inc., New York Electrotype Service Corporation Service Electrotype Company (Pitts­ State Electrotypers Association, Ohio (Worcester), Elliot Electrotype, Stéréo­ burgh), Service Electrotype Company, State Association of Electrotypers and typé & Matrix Co., Inc., The Employing Inc. (St. Louis), Shane-Beever Com­ Stereotypers, Wisconsin Employing Elec­ Printers Electrotype Co., The Filmer pany, Shea & Manton Company, William trotypers Association, Pacific Northwest Bros. Electrotype Company, Edwin Snell & Co., South Bend Engraving & ' Electrotypers and Stereo typers Associa­ Flower, Inc., Flower. Steel Electrotype Electrotyping Co., Inc., Springfield Elec­ tion, Potomac District Association of Co., Fort Pitt Electrotype Company, Inc., trotype Company, St. Louis Electrotype Electrotypers and Stereotypers, Employ­ Fort Wayne Engraving Company, Free­ Foundry Company, Standard Elec­ ing Electrotypers Association of St. port Electrotype Co., Gage Printing trotype Company, Stoddart-Bell Elec­ Louis, Employing Electrotypers and Company, Ltd., Galvanic Printing Plate trotype Company, Inc., Syracuse Stereotypers of Philadelphia, Detroit & Matrix Co., Inc., Genesee Electrotype Electrotype Corporation, Union Electro­ Electrotypers and Stereotypers Associa­ Company, Gether Electrotype Company, type Co., United Electrotype & Stereo­ tion, Indiana State Electrotypers Associ­ Gilliams & Rubin, Inc., Globe Electrotype type Company, United Electrotype ation, Northern California Electrotypers Corp., Globe Engraving & Electrotype Company, Van Bolt-Kreber Electrotype and Stereotypers Association, Southern Company (Chicago), Grand Rapids Co., Theodore C. Walters individually California Electrotypers and Stereo­ Electrotype Co., Graphic Arts Electro­ and trading as Walters Electrotype typers Association, and their respective type & Matrix Company, Higwill Matrix Company, Webb Publishing Company, officers, members of boards or commit­ Company, Inc., Arthur W. Hoff schneider Westcott & Thomson-, Inc., Western tees, agents, representatives, employees, individually, Alma Hoffschneider in­ Newspaper Union, Jacob Weinstein in­ and members; Albert P. Schloegel, in­ dividually and trading as A. W. Hoff­ dividually and trading as The Sherwen dividually and as Secretary-Treasurer schneider Company' Home City Company, The Wrigley Company, W il­ of respondent International Association Electrotype Works, Inc., Holmes Electro­ liams Press, Inc., Harold J. Bothel, of Electrotypers & Stereotypers, Inc., type Foundry, Illinois Electrotype Com­ individually and trading as Tacoma T. J. Ramsay, individually and-as Secre­ pany, Indianapolis Electrotype Foundry, Electrotype Company, Bryan-Branden- tary of respondents Chicago Employing A. G. Johnson Electrotype Company, burg Company, California Electrotype & Electrotypers Association and Chicago Kansas City Central Electrotype Com­ Stereotype Company, George S. Fer­ Employing Stereotypers Association, pany, S. J. Kelley and Estate of Fred C. guson Company, Theodore Prase individ­ Peter F. Regan, Jr., individually and as Kelley individually and as partners trad­ ually and trading as Frase Electrotype Managing Director of respondent Elec­ ing as S. J. Kelley Engraving Co., Company, Bert Hoffschneider & Bro., trotypers and Stereotypers Association Kingsboro Electrotype Corp., Knicker­ Inc., Holyoke Electrotype Company, of New York, Inc., Harry R. Simon, in­ bocker Electrotype Company, A. R. Stephen W. Johnson individually and dividually and as Executive Secretary of Koehler Electrotype Co., Inc., L. A. trading as Johnson Matrix & Stereotype respondent Southern California Electro­ Matrix Company, Ltd., Lake Shore Elec­ Company, H. D. Jordan individually and typers Association, and their respective trotype Co., Lancaster Press, Inc., Louis­ trading as Virginia Stereotype Service, agents, representatives, and employees; ville Electrotype Co., Maple Press Com­ Lead Mould Electrotype Company, A. B. C. Electrotype Company, Ace Elec- pany, Inc., D. Edward McAllister indi­ George R. Olson individually and trading -trotype Company (Chicago), The Ace vidually and trading as Hanson Com­ as Advance Printing Plate Co.,, Oregon Electrotype Company (Cleveland), G. A. pany and as Progress Plate Making Co., Engraving & Electrotype Co., Schroeder Ackermann Electrotype Co., Acme Elec­ Sam Ross McElreath individually and Brothers Company, Spokane Electrotype trotype Company, Advance Independent trading as Sam Ross McElreath Co., Company, Arthur J. Cheney and Roger Electrotype Co., Inc., The Akron Electro­ Arthur W. McGrath and Evelyn Mc­ M. Powers individually and as partners type & Stereotype Co., American Electro­ Grath individually and as partners trading as Springfield Electrotype & type Company (Chicago), The American trading as Century Electrotype Co., Mer­ Stereotype Service, Super Quality Co., Electrotype Company (Cleveland), chants Matrix Cut Syndicate, Inc., Inc., Artcrafts Engraving Co., Battle American Electrotype Division of Elec­ Walter J. Meserve, Inc., Metro Matrix Creek Electrotype Co., The Cincinnati trographic Corporation, American Elec­ & Reproduction Company, Inc., Met­ Electrotype Company, The Empire City trotype Company, Inc. (Washington, ropolitan Engraving & Electrotype Com­ Electrotype Co., Inc., A. W. Harrison & D. C.), Anderson & Hedwall Company, pany; Inc., Michigan Electrotype & Sons, Inc., Lansing Electrotype Co., Apex -Electrotype Corp,, The Artcraft Stereotype Company, Miller Electroplat­ Louisiana Electrotype Co., Inc., Mulligan Electrotype Company, The Art Electro­ ing, Inc., The Milwaukee Electrotype & Walsh, Inc., National Electrotype type Company, Atlantic Electrotype & Co., A. E. Munyer Electrotype Co., Inc., Company (New York City), Neptune Stereotype Company (Division of the National Electrotype Co. (Chicago), Electrotype Corp., Precision Electrotype Rapid Electrotype Co., Cincinnati), A t­ Nebraska Electrotype Company, New Company, Publishers. Plate & Mat Co., las Electrotype Corporation, Back Bay England Electrotype cCompany, New Inc., Rockford Illustrating Co.,-Sampson Electrotype & Engraving Company, York Electrotyping Company, Incorpo­ & Ollier Electrotype Co., Smith-Brooks Badger- American Electrotype Company, rated, Norman-Dohm-O’Flaherty Co., Printing Co., Southern .Electrotype Com­ Baltimore Electrotype Co., Inc., Barnum- Inc., Northern Electrotype Company pany, and Charles Van Vlack Company, Hayward Electrotype Co., Inc., John (Division of The Rapid Electrotype Co., and their respective officers, agents, rep­ Beissel Company, The Bell Electrotyping Cincinnati), Northwestern Electrotype resentatives, and employees, each and Company, Bickford Engraving & Electro­ Co., Nu-Method Matrix & Plate Co., Inc., all, in or in connection with the offering type Company, Bison Electrotype Com­ Pacific Electrotype Co., Inc., Partridge for sale, sale, and distribution of elec­ pany, Inc., Blomgren Bros. & Co., J. T. & Anderson Company, Pennsylvania trotypes, stereotypes, or matrices in Buntin, Inc., Bush-Krebs Company, Electrotype Company, Inc., Phoenix commerce, as “commerce” is defined in Canton Engraving & Electrotype Com­ Supplies Company, Pontiac Engraving the Federal Trade Commission Act, do pany, Capital City Printing Plate Com­ and Electrotype Co., Portland Electro­ forthwith cease and desist from entering pany, Central City Electrotype Company, type & Stereotype Co., Iric., Potomac into, continuing, cooperating in, or Electrotype Company, Inc., Potomac carrying out any planned common 1 Piled as part of the original document. Electrotype Company of New Jersey, course of action, understanding, agree- 412 RULES AND REGULATIONS ment, combination, or conspiracy be­ George J. Ryan, L. P. Sale, George CL and Youngstown Art Engraving Com­ tween any two or more of said Scott, Joseph Schwartz, Arthur Tomlin­ pany. respondents or between any one or more son, John Weiand, and William H. Wohl- I t is further ordered, T hat the re­ of said respondents and others not par­ berg, in their capacities as named parties spondents (except those as to whom the ties hereto, to do or perform any of the respondent. complaint is dismissed) shall, within following things: I t is further ordered, For reasons ap­ sixty (60) days after service upon them 1. Establishing, fixing, or maintaining pearing in the findings as to the facts in of this order, file with the Commission prices, discounts, terms, or conditions of this proceeding, that the complaint a report in writing setting forth in de­ sale, or trade customs, or adhering to any herein be, and it hereby is, dismissed as tail the manner and form in which they prices, discounts, terms, or conditions of to Acme Plate & Mat Co.; Ad Plate & Mat have complied with it. sale, or trade customs so established or Co., Inc.; Albany Electrotype Co., Inc.; Issued: October 23, 1952. maintained. American Engraving and Electrotype 2. Formulating, devising, adopting, or Company, Division of the Times Mirror By the Commission. using compilations of prices or values, Company; Art Engraving & Electrotype [ s e a l] D. C. D a n ie l , such as the so-called Standard Scales, Co., Inc.; Artcraft Engraving & Electro­ Secretary. whether or not in the form of prices or type Company; T. P. Beacom and J. H. [F. R. Doc. 53-636; Filed, Jan. 19, 1953; in the form of units or figures to be con­ Davies, partners trading as BeaCom- 8:49 a. m.] verted into prices by the use of a multi­ Davies Co.; Belz Electrotype Co., Inc.; plier or selling rate, if such should be The Billboard.Publishing Co.; Louis H. for the purpose or with the effect of Booze, formerly trading as City Electro­ TITLE 32— NATIONAL DEFENSE systematically making, quoting, charg­ type Co.; Bureau of Engraving; Capper ing, stabilizing or fixing prices, terms, or Publications, Inc.; Chattanooga Electro­ Chapter VII-— Department of the conditions of sale on the part of two or type Co.; J. R. Cissna and W. T. Resing, Air Force formerly partners trading as Oklahoma more competitors. P art 878— D e c o r a t io n s and A wards 3. Engaging in or continuing pricing Mat & Plate Co.; The Colonial Press, actions, practices or policies based in Inc.; Colorado Stereotype Company; KOREAN SERVICE MEDAL whole or in part upon any compilation Conde, Nast Engravers, Inc.; W. R. E d it o r ia l N o t e : For order amending of prices or values, such as the so-called Conkey Company, The Cornwall Press, Executive Order No. 10179, which is cited Standard Scales, whether or not in the Inc.; Country Life Press Corporation; as the authority for § 878.54, see Execu­ form of prices, units, or figures which The Cuneo Press, Inc.; J. S. Cushing Co.; tive Order 10429, supra. may be converted into prices through Elmer Deputy; Desaulniers & Co.; L. R. the use of multipliers or selling rates, Dowlin; Erskine & Morrison, Inc.; James formulated, devised or adopted by agree­ T. Flanagan and Frank J. Flanagan, TITLE 33— NAVIGATION AND ment, understanding or collective action, partners trading as Advertisers Matrix NAVIGABLE WATERS if such should be for the purpose or with Co.; Foote, Cone & Belding; The J. W. the effect of systematically making, quot­ Ford Co.; E. L. Geiger, trading as Geiger Chapter I— Coast Guard, Department ing, charging, stabilizing or fixing prices, Stereotype Co.; The Gilbert-Baker- of the Treasury terms, or conditions of sale on the part Midlam Co.; Gilman Fanfold . Corp.; of two or more competitors. Charles J. Hely and John E. McCqrmack, Subchapter A— General 4. Formulating, devising, adopting, or partners trading as Hely & McCormack; [CG FR 52-36] W. D. Hoard & Sons; G. T. Iverson, trad­ using any multiplier or selling rate ill P art 8—R e g u l a t io n s , U n it e d S tates conjunction with the use of any compila­ ing as Printing Trade Plate Makers Co.; C oast G uard R eserve tion of figures with the effect of causing Winfred A. Jackson, trading as Augusta or continuing the fixing and stabilizing Electrotype Company; Kable Bros. Co.; p h y s ic a l examination for short periods of prices. Keystone Electrotype Co.; Carl H. Lahl, o f t r a in in g d u t y 5. Filing, exchanging, distributing, or trading as Lahl Matrix & Plate Co.; J. J. By virtue of the authority contained in relaying among the respondent Associa­ Little & Ives Company; Wm. H. Lock- section 751 of title 14, United States tions, or any of them or their members, wood Sons, Inc.; Lowell Electrotype Code, the following amendment is hereby or any of their representatives, or Foundry; Marathon Corporation; Wil­ prescribed and shall become effective through the respondent international or lard H. Marshman, trading as Quality upon publication in the F ederal R eg­ its representatives, or through ahy other Electrotype Company; The Maqua Com­ is t e r . central agency, information concerning pany; McDonald Printing Company, Section 8.1404 (a) is amended to read prices, terms, and, discounts allowed to Inc.; R. McDonald; Cy Means; Mechano as follows: certain customers where the identity of Duoplate, Inc.; The Methodist Book the seller or purchaser can be determined Concern; Metropolitan Press Printing § 8.1404 Physical examination for through such information and which has Company; Meyer-Both Co.; Monarch short periods of training duty, (a) Not­ the capacity or tendency of aiding in Matrix & Stereotype Company; Sherwood withstanding any other provisions of the securing compliance with announced H. Morgan and wife, partners trading as regulations in this part, Reservists who prices, terms, or discounts. The Morgan. Company; Muirson Label are ordered or authorized to perform I t is further ordered, For reasons ap­ Company, Inc.; Northern Engraving & short periods of active duty for training pearing in the .findings as to the facts in Electrotype Company; William J. Onink, or inactive duty training, with or with­ out pay, of not more than seven days this proceeding, that the complaint Inc.; Edward H. Parkhurst Co.; T. C. duration and who have passed a Satis­ herein be, and it hereby is, dismissed as Parrish, formerly trading as American Cut & Matrix Co.; Jay B. Perry, trading factory physical examination within one to C. C. Barnes, Albert E. Benson, Arthur year prior to the date of commencement Bernhard, Edwin M. Chamberlin, Payson as Perry Printing^ Co.; The Plimpton of such periods of training duty will not M. Curry, William P. Curry, Augustus Press; Printing Plates Company; The be required to take a physical examina­ Davis, Chas. E. Deye, Walter C. Dohm, Progress-Farmer Ruralist Co.; Progres­ Ed. A. Dominik, W. P. Filmer, Albert J. sive Printing Plate Service, Inc.; Quinn tion prior to each period of such training duty, nor upon completion thereof, ex­ Fleig, Walter O. Flower, Frank Galvin, & Boden Co., Inc.; Rotary Press Co.; Lee cept when injury, sickness or disease is Charles F. Hamilton, F. A. Herrgott, Seibert, trading as National Matrix Serv­ H. G. Hoff, Dennis F. Hoynes, Leighton ice; The Simpson & Doehler Company; incident thereto. R. Johnson, Melville H. Kennedy, Robert Springfield Electrotype Co.; Standard (Sec. 204, 55 Stat. 11; 14 U. S. C. 304) ' H. Kennedy, Arthur N. Knol, F. W. Plate & Matrix Co.; Joseph W. Sullivan, [ s e a l ] J o h n S. G raham , Kreber, William C. Lennox, George. W. formerly trading as J. W. Sullivan Co.; Acting Secretary of the Treasury. Liddle, James S. Love, C. A. Mawjcke, Superior Electrotype Co.; Terre Haute Harry M. Midwood, Charles E. Murray, Electrotype Company; Union Engraving Concurred in: C. A. Parsons, George F. Preisler, Joseph Co., Inc.; University Electrotype Com­ D a n A . K im b a l l , Reilly, Clifford W. Remington, John N. pany, Inc.; Waterloo Engraving & Serv­ Secretary of the Navy. Rettig, Stetson D. Richmond, Eignar ice Co.; John Wuest and D. Jules Sachs, [F. R. Doc. 53-661; Filed, Jan. 19, 1953; Ringquist, Robert T. Rowell, Isaac Rubin, partners trading as Active Matrix Co.; 8:52a.m.] usa, y 2, 1953 20, ry a u n a J Tuesday,

TITLE 15— COMMERCE AND FOREIGN TRADE Dept, of Processing GLV Vali­ Com­ Com­ code and dollar dated modity Chapter III—'Bureau of Foreign and Domestic Commerce, Department of merce Commodity Unit related com­ - value license Schedule modity group limits required lists Commerce B No.

Subchapter C— Office of Internationa! Trade Power-driven metalworking machine tools (non­ portable), and parts—Continued [ 6th Gen. Rev. of Export Regs., Amdt. P. L. 25 »] 744313 Horizontal boring-drilling-milling machines No. TOOL 500 RO A B D 1 (combination units) table, floor and planer P art 399— P o s it iv e L is t o f C o m m o d it ie s a n d R elated M atter s types, 4-inch spindle and larger.19 744313 .Other- horizontal boring-drilling-milling ma- No. TOOL 500 RO A / MISCELLANEOUS AMENDMENTS . ' chines (combination units). 19 Section 399.1 Appendix A—Positive List of Commodities is amended in the fol­ I Subject to evidence of availability requirements (§ 378.16 of this subchapter) under the con- lowing particulars: ditions set forth in § 373.7 of this subchapter. »* The above two entries are substituted for the entry presently on the Positive List under 1 . The following revisions are made in commodity descriptions: Schedule B No. 740212. The effect of this revision is (a) to list separately saddle type turret

lathes 3% inch bar and over; and (b) to remove other turret lathes, n. REGISTER e. ERAL FED c. from commodities subject to dollar-limit (D L) restrictions (see § 374.2 of this subchapter) and evidence of avail­ Dept, of ability requirements ($ 373.16 of this subchapter) under the conditions set forth in §373.7 of Processing GLV Vali­ Com­ Com­ code and dollar dated this subchapter. ' _ ... . merce Commodity Unit modity »The above two entries are substituted for the entry presently on the Positive List under related com­ value license lists Schedule modity group limits required Schedule B No. 740825. The effect of this revision is (a) to list separately vertical boring and B No. turning mills, 54 inches and over, and automatic cycle ; and (b) to remove other vertical boring and turning mills from the commodities subject to dollar-limit. (D L) restrictions (see § 374.2 of this subchapter) and evidence of availability requirements (see § 373.16 of this subchapter) Power-driven metalworking machine tools (non­ under the conditions set forth in § 873.7 of this subchapter. portable), and parts: * The above two entries are substituted for the entry presently on the Positive List under 740212 Turret lathes, saddle type, 3^4-inch bar and No. TOOL 500 RO ABD 1 Schedule B No. 740890. The effect of this révision is (a) to list separately duplicating and over.1» tracer type lathes; and (b) to remove other lathes, n. e. c., from the commodities .subject to 740212 Other turret lathes, n. e. c., except bench type No. TOOL 600 RO A dollar-limit (D L) restrictions (see § 374.2 of this subchapter) and evidence of availability (specify by name).1» requirements (see § 878.16 of this subchapter) under the conditions set forth in § 373.7 of this TOOL RO . ABD 1 740325 Vertical boring and turning mills, 54 inches No. 500 subchapter...... and over; and automatic cycle.1 * The above two entries are substituted for the entry presently on the Positive List under 740325 Other vertical boring and turning mills, except No. TOOL 500 RO A Schedule B No. 740409. The effect of this revision is (a) to list separately jig boring machines; vertical turret lathes (report vertical turret and (b) to remove special boring machines for aircraft bomb nose and tail and'all precision lathes in 740205).» RO A u b i boring machines from the commodities subject, to dollar-limit (D L) restrictions (see I 374.2 of 740390 Lathes, duplicating and tracer types.»...... No. TOOL 500 this subchapter) and evidence of availability requirements (see § 373.16 of this subchapter) 740390 Other lathes, n. e. c. (specify by name) 8...... No. TOOL 500 RO A a b d » under the conditions set forth in § 373,7 of this subchapter. 740409 Jig boring machines »--...... -...... No. TOOL 500 KO 5 The above entry is substituted for the first two entries presently on the Positive List under 740409 Special boring machines for aircraft bomb nose No. TOOL 500 RO A Schedule B No. 740607. The effect of this revision is (a) to remove the pipe and/or nipple­ and tad; and all precision boring machines threading machines from the commodities subject to dollar-limit (D L) restrictions (see § 374.2 (report cylinder reboring maobines,. and of this subchapter) ; and to remove pipe and/or nipple-threading machines capable of threading other reboring maohines for garage use, in pipe over 4 inches in diameter from the evidence of availability requirements (See § 373.16 of this 793185).» subchapter) under the conditions set forth in § 373.7 of this subchapter. 740607 PiDe and/or nipple-threading machines No. TOOL 600 RO A RO ABD A 6 The above two entries are substituted for the entry presently on the Positive List under 740700 Knee and column type milling machines, No. No. TOOL 500 Schedule B No. 740700. The effect of this revision is (a) to list separately knee and column 4 and larger.9 RO A type milling machines, No. 4 and larger ; and (b) to remove other knee and column type milling 740700 Other knee and oolumn-type milling ma­ No. TOOL 600 machines from the commodities subject to dollar-limit (D L) restriction (see § 374.2 of this chines.9 \ - subchapter) and from the evidence of availability requirements (pee § 373.16 of this subchapter) Milling machines, n. e. c.: TOOL • RO ABD 1 under the conditions set forth in § 873.7 of this subchapter. t 740800 • Bed-type milling machines, No.' 4 and No. 500 7 The above two entries are substituted for the first entry presently on the Positive List under TOOL 500 RO ’ A Schedule B No. 740800. The effect of this revision is (a) to list separately bed-type milling 740800 Other bed-type milling machines7------No. machines, No. 4 and larger; and (b) to remove other bed-type milling machines from the com­ 740800 Skin milling machines *.------No. TOOL 500 KO ! ABD 1 No. TOOL 500 k o ABD * modities subject to doilar-limit (D L) restrictions (see § 374.2 of this subchapter) and from the 740800 Planer or rail type milling machines»-...... evidence of availability requirements (see § 378.16 of this subchapter) under the conditions set 740800 Jig milling machines9...... No. TOOL 500 RO a b d 1 Gear cutting machines: forth in § 373.7 of this subchapter. No. TOOL 260 RO ABU * »The above three entries are substituted for the fourth entry presently on the Positive List 741100 Gear hobbers, 6 x 10 inches and smaller under Schedule B No. 740800. The effect of this revision is to list separately skin, planer or Other gear hobbers •------No. TOOL 250 ¿KO A 741100 ------rail type, and jig milling machines. . L . . . 742700 Breech ring shapers 10„:------No. TOOL 500 KO ABD 4 No. TOOL 500 RO A » The above two entries are substituted for the third entry presently on the Positive List under 742700 Other shapers (including Blotters) (report gear Schedule B No. 741100. The effect of this revision is (a) to separately list gear hobbers, 6 x 10 shapers in 741100).10 inches and smaller; and (b) to remove other gear hobbers from the commodities subject to 743500 Automatic single spindle surface grinders, 60- No. TOOL 250 RO ABU 1 inch travel and over.11 dollar-limit (D L ) restrictions (see § 374.2 of this subchapter) and from the evidence of avail­ Other automatic single spindle surface grind- No. TOOL 250 KO A ability requirements (see § 373.16 of this subchapter) under the conditions set forth in § 373.7 743500 of this subchapter. . . ers.11 10 The above two entries are substituted for the entry presently on the Positive List under 743500 Automatic multiple spindle surface grinders, No. TOOL 260 RO ABD« 60-inch travel and over.11 Schedule B No. 742700. The effect of this revision is (a) to list separately breech ring shapers ; Other multiple spindle surface grinders 11____ No. TOOL 250 RO A and (b) to remove other shapers (including Blotters) from the commodities subject to dollar- 743500 limit (D L ) restrictions (see § 374.2 of this subchapter) and from the evidence of availability 744308 Automatic oscillating race radial grinders; cam No. TOOL 250 RO A grinders; contour profile grinders; and spline requirements (see § 373.16 of this subchapter) under the conditions set forth in § 373.7 of this grinders.18 subchapter. , Pace ooupling grinders u------No. TObL 250 RO ABD 1 II The above two entries are substituted for the second entry presently on the Positive List 744308 under Schedule B Nç>. 743500. The effect of this revision is (a) to list separately automatic 744308 Jig minders18...... -...... - No. TOOL 250 KO ABD * 744308 Table-type single head non-automatic rotary -No. TOOL 250 RO ABD » single spindle surface grinders, 60-inch travel and over; and (b) to remove other automatic surface grinders, 30-inch capacity and over.1» single spindle surface grinders from the commodities subject to dollar-limit (D L) restrictions (see § 374.2 of this subchapter) and from the evidence of availability requirements (see § 373.16 See footnotes at end of table: of this subchapter) under the conditions set forth in § 373.7 of this subchapter. 11 The above two entries are substituted, for the third entry presently on the Positive List under Schedule B No. 743500. The effect of this revision is (a) to list separately automatic »■fills amendment was published in Current Export Bulletin No. 690, dated January multiple spindle surface grinders, 60-inch travel and over ; and (b) to remove other multiple h-9 8 . 1953. spindle surface grinders, from the commodities subject to dollar-limit (D L ) restrictions (see CO § 374.2 of this subchapter) and from the evidence of availability requirements (see § 373.16 of this subchapter) under the conditions set forth in § 373.7 of this subchapter. Dept, of Processing GLV Valf- Com­ 13 The above two entries are substituted for the first entry presently on the Positive List under Com­ code and dollar dated Schedule B No. 744308. The effect of this revision is (a) to list separately jig grinders ; and merce Commodity Unit modity related com­ value, license lists (b). to remove automatic oscillating race radial grinders, cam grinders, contour^ profile grinders, Schedule modity group limits' required and spline grinders from the commodities subject to dollar-limit (D L) restrictions (see § 374.2 B No. of ths subchapter) and from the evidence of availability requirements (see § 373.16 of this sub-r chapter) under the conditions set forth in § 373.7 of this subchapter. 34 The above two entries are added to the Positive List under Schedule B No. 744308. The Air compressors—Continued « effect of this revision is to list separately face coupling grinders, and table-type single head Stationary, capacity over 25 cubic feet: non-automatic rotary surface grinders, 30” capacity and over, presently included on the Positive 770500 Centrifugal, rotary, axial, and mixed flow No. CONS None RO A List in the second entry under Schedule B No. 744308 ; and to add these commodities to the types of compressors (specify type, intake commodities subject to the IC/DV procedure (see § 373.34 of this subchapter), effective February and delivery pressures, intake capacity, 23, 1953, as indicated in the column headed “Commodity Lists.” and whether pressure parts are fabricated “ The above two entries are substituted for the entry presently on the Positive List under of or lined with any corrosion-resistant Schedule B No. 744313. The effect of this revision is (a) to list separately horizontal boring­ materials as defined in the “General Notes drilling-milling machines (combination units) table, floor and planer types, 4-inch spindle and to Appendix A”).* larger ; and (b) to remove other horizontal boring-drilling-milling machines (combination units) 770500 Reciprocating compressors for any delivery No. CONS- None RO A from the commodities subject to dollar-limit (D L ) restrictions (see § 374.2 of this subchapter) pressure or intake capacity, except (1) and from the evidence of availability requirements (see § 373.16 of this subchapter) under the when delivery pressure is 150 psig or lower conditions set forth in § 373.7 of this subchapter. and intake capacity is 190 cfm or lower, f and (2) when pressure parts are not fabri­ This part of the amendment shall become effective as of 12:01 a. m., January cated of or lined with any corrosion-resist­ ant materials as defined in the “General 8, 1953. ' ■ Notes to Appendix A” (specify intake and delivery pressures, intake capacity, and 2. The following revisions are made in.commodity descriptions. These revi­ whether pressure parts are corrosion- sions include changes in validated license control where indicated: resistant).4 Portable, capacity under 60 cubic, feet: 770610 Centrifugal, rotary, axial, and mixed flow No. CONS None RO A Dept, of types of compressors (specify type, intake Processing GLV Vali­ Com­ Com­ code and dollar dated and delivery pressures, intake capacity, merce Commodity Unit modity and whether pressure parts are fabricated REGULATIONS AND RULES related com­ value license lists' Schedule modity group limits required of or lined'with any corrosion-resistant B No. materials as defined in the “General Notes to Appendix A” ).6 770610 Reciprocating compressors for any delivery No. CONS None RO A Air conditioning and refrigerating equipment, pressure, except (1) when delivery pres­ n. e. c., and parts, n. e. c. (electric, gas, gaso­ sure is 150 psig or lower, and (2) when line and kerosine operated): pressure parts are not fabricated of or lined 764650 Reciprocating compressor units, over 10 horse- No. &IEQ None RO A with any corrosion-resistant materials as power, for any delivery pressure or intake defined in the “General Notes to Appen­ capacity, except (1) when delivery pressure dix A” (specify intake and delivery pres­ is 150 psig or lower and intake capacity is sures, intake capacity, and whether 190 cfm or lower, and (2) when pressure parts pressure parts are corrosion-resistant). 6 are not fabricated of or lined with any cor­ Portable, capacity 60 cubic feet, and over: rosion-resistant materials as defined in the 770615 Centrifugal, rotary, axial, and mixed flow No. CONS None RO A “General Notes to Appendix A ” (specify types of compressors (specify ;typef, intake horsepower, delivery pressure, intake capac­ and delivery pressures, intake capacity, ity, and whether pressure parts are corro­ and whether pressure parts are fabricated sion-resistant) . 1 of or lined with any corrosion-resistant 764710 Centrifugal refrigerating units, except (1) No. GIEQ None RO A materials as defined in the “General when designed for delivery pressures less Notes to Appendix A” ). 7 than 14.7 psig (2 atmospheres), and (2) 770615 Reciprocating compressors for any delivery No. CONS None RO A when pressure parts are not fabricated of or pressure or intake capacity, except (1) lined with any corrosion-resistant materials when delivery pressure is 150 psig or low­ as defined in the “General Notes to Appen­ er and-intake capacity is 190 cfm. or lower, dix A” (specify designed delivery pressure and (2) when pressure parts are not fabri­ and whether pressure parts are corrosion- cated of or lined with, any corrosion-resist- resistant). 3 .tant materials as defined in the “General 766010 Auxiliary and accessory equipment, commer- GIEQ' 100 RO A Notes to Appendix A” (specify intake and cial,'n. e. c., and specially fabricated parts, delivery pressures, intake capacity, and for the air-conditioning and refrigeration whether pressure parts are corrosion-re­ industry, except humidifiers.3 sistant).7 Air compressors: Gas compressors, n. e. c.: Stationary, capacity not over 25 cubic feet: 770625 Centrifugal, rotary, axial, and mixed flow No. CONS . None RO A 770400 Centrifugal, rotary, axial, and mixed flow No. CONS ¿ione RO A types of compressors (specify type, intake types of compressors (specify type, intaae and delivery pressures, intake capacity, and delivery pressures, intake capacity, and whether pressure parts are fabricated and whether pressure parts are fabricated of or lined with any corrosion-resistant of or lined with any corrosion-resistant materials as defined in the “ General Notes materials as defined in the “General Notes to Appendix A”) .8 to Appendix A” ). 4 770625 Reciprocating compressors for any delivery No. CONS None RO A 770400 Reciprocating compressors for any delivery No. CONS None RO A pressure or intake capacity, except (1) pressure, except (1) when delivery pres­ when delivery pressure is 150 psig or lower sure is 150 psig or lower, and (2) when and intake capacity is 190 cfm or lower, pressure parts are not fabricated of or lined and (2) when pressure parts are not fabri­ with any corrosion-resistant materials as cated of or lined with any corrosion-resist­ defined in the “General Notes to Appen­ ant materials as defined in the “General dix A” (specify intake and delivery pres­ Notes to Appendix A” (specify intake and sures, intake capacity, and whether pres­ delivery1 pressures, intake capacity, and sure parts are corrosion-resistant) .4 whether pressure parts are corrosion-re­ sistant). 4 See fcotnotes at end of table. T The above two entries are substituted for the four entries presently on the Positive 1.1st under Tuesday Dept, of Schedule B No. 770615. The effect of this revision is to consolidate the first three entries ; and Processing GLV Vali­ Com­ to Require the applicant to specify type, .intake and delivery pressures, intake capacity, and Com­ code and dollar dated whether pressure parts are corrosion-resistant. merce | Commodity Unit related com­ value license modity - * The above two entries are substituted for the four entries presently on the Positive List under Schedule modity group limits required lists Schedule B No. 770625. The effect of this revision is to consolidate the first three entries ; and B No. to require the applicant to specify type, intake and delivery pressures, intake capacity, and , whether pressure parts are corrosion-resistant. 8 The above entry is substituted for the entry presently on the Positive List under Schedule 20 ry a B u n a J 770630 Parts, n. e. c., specially fabricated for all air and CONS 20 100 RO A gas compressor's, included on the Positive No. 770680. The effects of this revision are (a) to clarify the coverage of the entry; (b) to List under Schedule B Nos, 770400 through extend the control from R to RO ; (c) to require the applicant to specify type, intake and delivery 770625 (specify type,' intake and delivery pressures, and intake capacity of compressors for which parts are intended, and whether pressure pressures, and intake capacity of compressors parts are corrosion-resistant: and (d) to add the commodities included in this Positive List entry for which parts are intended, and whether to the Commodities subject to the IC/DV procedure (see § 373.34 of this subchapter), effective pressure parts are fabricated of or lined with February 23, 1953, as indicated in the column headed “Commodity Lists.” any corrosion-resistant materials as defined in 10 The above entry is substituted for the three entries presently on the Positive List under Schedule B No. 770700. The effect of this revision is to consolidate the entries; and to require

the "General Notes to Appendix A” ).8 , Blowers, n. e. c., turboblowers, and parts: the applicant to specify intake and delivery pressures, intake capacity, and whether pressure 770700 Centrifugal blowers, except turboblowers No. CONS None RO A parts are corrosion-resistant. 1953 (specify intake and delivery pressures, in­ 11 The above entry is substituted for the two entries presently on the Positive List under take capacity, and whether pressure parts Schedule B No. 770710. The effect of this revision is to consolidate the entries; and to require are fabricated of or lined with any corrosion- the applicant to specify intake and delivery pressures, Intake capacity, REGISTER and FEDERAL whether pressure resistant materials as defined in the "Gen­ parts are corrosion-resistant. eral Notes to Appendix A” ).»8 18 The above entry is substituted for the entry presently on the Positive List under Schedule 770710 Axial blowers, except turboblowers (speoify NO. CONS None RO A B No. 770720. The effect of this revision is to require the applicant to specify type, intake and intake, and delivery pressures, intake ca­ delivery pressures, intake capacity, and whether pressure parts are corrosion-resistant. pacity) and whether pressure parts are 18 The above entry is substituted for the entry presently on the Positive List under Schedule B fabricated of or lined with any corrosion- No. 770775. The effect of this revision is to extend the coverage to include blowers, n.e.c.; resistant materials as defined in the “Gen­ and to require the applicant to specify type, intake and delivery pressures, and intake capacity eral Notes to Appendix A”).n of blowers, and whether pressure parts are corrosion-resistant. 770720^ Turboblowers (specify type, intake and de­ No. CONS None RO AB 14 The above entry is substituted for the third entry presently on the Positive List under livery pressures, intake capacity, and Schedule B No. 775330. The effect of this revision is to add “specially fabricated parts” ; to whether pressure parts are fabricated of or increase the GLV dollar-value limits from none to $100 ; and to add the commodities included lined with any corrosion-resistant materials in the above entry to the commodities subject to the IC/DV procedure (see § 373.34 of this as defined in the “General Notes to Ap­ subchapter), effective February 23, 1953, as indicated in the column headed “Commodity Lists”. pendix A”).n 18 The above entry is substituted for the first, second, fourth and fifth entries presently on the 770776 Blowers, n. e. c., and specially fabricated CONS 100 RO A Positive List under Schedule B No. 775330. The effect of this revision is to consolidate the parts for types of blowers included on the entries ; to change the control from R to RO for all distillation equipment made of copper; to Positive List under Schedule B Nos. 770700 establish a GLV dollar-value limit of $100 for all pressure vessels and Vacuum vessels and through 770775 (specify type, intake and specially fabricated parts; and to require applicant to specify the name of the processing vessel, delivery pressures, and intake capacity of the pressure, and whether fabricated of or lined with any corrosion-resistant materials. blowers, and whether pressure parts are fabricated of or lined with any corrosion- This part of the amendment shall be­ resistant materials as defined in the "Gen­ come effective as of 12:01 a. m., January Dept, of eral Notes to Appendix A”).i* Com­ Processing vessels, n. e. c., and specially fabri­ 15, 1953. merce Commodity cated accessories and parti, n. e. c. (specify 3. The dollar value limit in the column Schedule by name): B No. 775330 Tanks, vats, kettles and allied fixtures, and GIEQ 100 RO A headed "GLV dollar-value limit" set specially fabricated parts, n. e. c., fabricated forth oppbsite the commodities listed of or lined with any corrosion-resistant ma­ Metal powders: terials as defined in the “General Notes to below is amended to read as follows: - 619159 Selenium (specify selenium content and Appendix A”.i* grade). 775330 Pressure vessels and vacuum vessels, n. e. 0.; GIEQ 100 RO A and specially fabricated parts, n. e. c. (spe­ Dept, of cify name of processing vessel, pressure, and Com­ GLV whether fabricated, of or lined with any merce Commodity dollar- This part of the amendment shall be- corrosion-resistant materials as defined in Schedule value the “General Notes to Appendix A” ) . 18 B No. limits come effective as of January 8, 1953. 5. The processing codes set forth op­ ★ The commodities described in this Positive List entry are excepted from the provisions of Separators and collectors, in­ posite the commodity entries listed below General In-Transit License GIT. See § 371.9 (c) of this subchapter. dustrial process type, n. e. c., and specially fabricated are amended to read as follows; 1 The above entry is substituted for the two entries presently on the Positive List under accessories and parts, n. e. Schedule B No. 764050. The effect of this revision is to consolidate the entries ; and to require ■ c. (specify by name) : 775360 Centrifugal counter-current 100 the applicant to specify horsepower, delivery pressure, intake capacity, and whether pressure Dept. of parts are corrosion-resistant. solvent extractors, and spe­ cially fabricated parts, Com- »The above entry is substituted for the two entries presently on the Positive List under ■ Commodity Processing Schedule B No. 764710. The effect of this revision is to consolidate the entries ; and to require n. e. C. . merce Schedule codes the applicant to specify designed delivery pressure, and whether pressure parts are corrosion- B No. »The above entry is substituted for the entry presently on the Positive List under Schedule This part of the amendment shall be­ B No. 766010. The effect of this revision is to clarify the coverage of the entry. come effective as of 12:01 a. m., January 4 The above two entries are substituted for the four entries presently on the Positive List under 775075 Concrete block maohines, high GIEQ 8, 1953. speed (capacity of 200 blocks Schedule B No. 770400. The effect of this revision is to consolidate the first three entries ; and or more per hour), and spe­ to require the applicant to specify type, intake and delivery pressures, intake capacity, and 4. The letter "D" set forth in the cifically fabricated parts. whether pressure parts are corrosion-resistant. column headed "Commodity Lists" oppo­ Nonelectric industrial furnaces, »The above two entries are substituted for the five entries presently on the Positive List under kilns, lehrs, and ovens, and Schedule B No. 770500. The effect of this revision is to consolidate the first four entries ; and to site the commodity entry listed below parts (report electric fur­ require the applicant to specify type, intake and delivery pressures, intake capacity, and whether naces,. kilns and ovens in pressure parts are corrosion-resistànt. is hereby deleted to indicate that this • The above two entries are substituted for the four entries presently on the Positive List under commodity is no longer subject to evi­ 707415-707492): 775150 Pressure top equipment for MINE Schedule B No. 770610. The effect of this revision is to consolidate the first three entries ; and dence of availability requirements (see to require the applicant to specify type, intake and delivery pressures, intake capacity, and blast furnaces. b* whether pressure parts are corrosion-resistant. § 373.16 of this subchapter): cn 416 RULES AND REGULATIONS

This part of the amendment shall be­ gation of Authority No. 41, this amend­ General Ceiling Price Regulation shall come effective as of January 8, 1953. ment to Area Milk Price Regulation 32, become effective January 16, 1953. Shipments of any commodities re­ pursuant to Supplementary Regulation moved from general license to Country 63 to the General Ceiling Price Regula­ B. Em m et H artnett, Group R or Country Group O destina­ tion is hereby issued. Regional Director. tions as a result of changes set forth in JanVary 16, 1953. STATEMENT OF CONSIDERATIONS Part 2 of this amendment which were on [F. R. Doc. 53-717; Piled, Jan. 16, 1953; dock, on lighter, laden aboard an export­ This amendment to Area Milk Price 4:50 p. m.] ing carrier, or in transit to a port of exit Regulation 32 increases the ceiling price pursuant to actual orders for export for milk in the Waukegan, Illinois, area prior to 12:01 a. m., January 15, 1953, Vz cent per sales point. Several sellers may be exported under the previous of milk in the Waukegan, Illinois, milk [Ceiling Price Regulation 34, Amdt. 9] general license provisions up to and in­ marketing area have formally protested cluding February 7, 1953. Any such the provisions of Area Milk Price Regula­ CPR 34— S ervices shipment not laden aboard the export­ tion 32. Accordingly, the Office of Price MODIFICATION OF CENTRAL PRICING ing carrier on or before February 7,1953, Stabilization undertook a review of milk PROVISIONS requires a validated license for export. costs and prices in the Waukegan area. An analysis of the data collected reveals Pursuant to the Defense Production Section 399.3 Appendix C— Commodity Act of 1950, as amended, Executive Or­ Processing Codes is amended in the fol­ that a' Vz cent per sales point increase in the ceiling price of milk in the Wauke­ der 10161, and Economic Stabilization lowing particulars: Agency General Order No. 2, this Amend­ The processing codes set forth oppo­ gan area is necessitated under the OPS industry earnings standard. ment 9 to Ceiling Price Regulation 34 site the commodities listed below are is hereby issued. amended to read as follows: In the judgment of the Director, the provisions of this amendment to Area STATEMENT OF CONSIDERATIONS Milk Price Regulation No. 32 in Region Dept, of Section 10 of Ceiling Price Regulation Com­ V II are generally fair and equitable and Processing are necessary to effectuate the purpose 34 provides for the establishment of uni­ merce Commodity codes Schedule of Title IV of the Defense Production Act form prices for sellers owning or operat­ B No. of 1950, as amended by the Defense Pro­ ing more than one service establishment. duction Act amendments of 1951 and Since there is no restriction on the ap­ Tools (all metals), m e. c.: plicability of this section, it is applicable 615517 Circular saw blades, n. e. c... GIEQ 1952. 615520 Steel band, pit, drag, and mill GIEQ The Director gave due consideration in the territories and possessions of the saw blades, wood-working. to the national effort to achieve the United States. However, it has been the Materials handling equipment, experience of the Office of Price Stabili­ and parts: maximum production in furtherance of 723090 Furnace charging and de- MINE the objectives of the Defense Production zation that prices established in the con­ charging machines, forge tinental United States are not neces­ manipulators, and specially Act-of 1950, as amended; to prices pre­ fabricated parts ana acces­ vailing during the period from May 24, sarily fair and equitable when applied sories, n. e. c. in the territories and possessions of the 775075 Brick, tile, ceramic and concrete GIEQ 1950, to June 24, 1950, inclusive; and to products manufacturing ma­ all relevant factors of general appli­ United States. This difference is brought chines, n. e. c., and specially cability. In the formulation of this about by differences in wage rates, in­ fabricated parts, n. e. c. creased costs of parts and materials due 775150 Parts and accessories, n. e. c., MINE amendment, the Director has consulted specially fabricated for non-, fully with industry representatives and to shipping charges, and other similar electric industrial furances, factors. The OPS, in commodity regu­ kilns, lehrs, and ovens. has^. given due consideration to their 915590 Dental supplies, n. e. c______SATE recommendations. Due to t he nature lations, has generally made the distinc­ of this amendment, formal consultation tion that uniform pricing orders issued with an industry advisory committee or for the continental United States are not This part of the amendment shall be­ applicable in the territories and posses­ come effective as of January 8, 1953. with trade association representatives was deemed impracticable. sions of the United States. (Sec. 3, 63 Stat. 7; 65 Stat. 43; 50 U. S. C. This amendment changes section 10 to App. Sup. 2023. E. O. 9630, Sept. 27, 1945, AMENDATORY PROVISION provide that no order issued under that 10 P. R. 12245, 3 CPR, 1945 Supp.; E. O. 9919, Area Milk Price Regulation 32, issued section shall apply in the territories and Jan. 3, 1948, 13 F. R. 59, 3 CPR, 1948 Supp.) pursuant to Supplementary Regulation possessions of the United States. L o r in g K . M a c y , 63 to the General Ceiling Price Regula­ Special factors have made It imprac­ Director, tion, is amended by amending the first ticable to consult with the industries af­ Office of International Trade. paragraph of section 4 thereof to read fected, including trade association rep­ as follows: resentatives. In the judgment of the [P. R. Doc. 53-464; Piled, Jan. 19, 1953; Director, this action is generally fair and 8:45 a. m.] S ec. 4. Ceiling prices for milk for fluid equitable and is necessary to effectuate consumption— (a) Your ceiling prices.' the purposes of the Defense Production Your ceiling prices for any milk product Act of 1950, as amended. TITLE 32A— NATIONAL DEFENSE, for fluid consumption shall be your ceil­ APPENDIX ing price determined under the provi­ AMENDATORY PROVISIONS sions of the General Ceiling Price Regu­ 1. Section 10 of Ceiling Price Regula­ Chapter lll>—-Office of Price Stabiliza­ lation and in effect oh the day preceding tion 34 is amended to read as follows:. tion, Economic Stabilization Agency the effective date of this regulation, plus (except for sales to distributors) one Sec. 10. Central pricing.’ OPS may [General Ceiling Price Regulation, Supple­ cent per sales point. Your ceiling price when it deems it consistent with the pur­ mentary Regulation 63, Area Milk Price for any milk product for fluid consump­ poses of this regulation establish Uniform Regulation 32, Arndt. 1] tion sold to distributors shall be your prices for sellers owning or operating GCPR, SR 63— A rea M il k P rice ceiling price determined under the pro­ more than one service establishment and A djustm ents visions of the General Ceiling Price may for this purpose require sellers to Regulation and in effect on the day furnish necessary information. No order A M P R 3 2— W aukegan M il k M arketing preceding the effective date of this A rea, S tate of I l lin o is issued under this section applies to sales regulation. of services in the territories and posses­ ADJUSTMENT OF CEILING PRICES (Sec. 704, 64 Stat. 816, as amended; 50 U. S. C. sions of the United States. Ceiling prices Pursuant to the Defense Production App. Sup. 2154) for sales of services in the territories and Act of 1950, as amended, Executive Order Effective date. This Amendment 1 to possessions are to be determined under 10161, and E c o n op i i c Stabilization Area Milk Price Regulation 32 pursuant sections 5, 6, 7, or 8 of this regulation, Agency General Order No. 2, and Dele- to Supplementary Regulation 63 to the as may be appropriate. Tuesday, J a n u a ry 20, 1953 FEDERAL REGISTER 417

(Sec. 704, 64 Stat. 816, as amended; 50 U. S. C. NOTICE territories and possessions of the United App. Sup. 2154) You are permitted by OPS to use this States were established by Ceiling Price Effective date. This Amendment 9 to manual to arrive at your celling price for a Regulation 120. Section 16 of that regu­ Ceiling Price Regulation 34 is effective given job: lation provides that in the event a busi­ If— January 24, 1953. ness covered by the regulation is sold or (1) You use the Labor Conversion Table otherwise transferred to a new owner J o s e ph H . F r e e h il l , at the front part of the manual to compute after the base period, the ceiling prices Director of Price Stabilization. the ceiling price for each job by multiply­ ing the time allowance of feach operation of the new owner shall be the same as January 19, 1953. by your customers’ hourly rate, which you those to which his transferor would have charged in the base period, December 19, been subject if no such transfer had [P. R. Doc. 53-756; Piled;' Jan. 19, 1953; 1950 to January 25, 1951, inclusive; and taken place and his obligation to keep 10:57 a. m.] (2) Your present ceiling price for that records sufficient to verify such prices job, as determined under section 5 of Ceil- - shall be the same. The regulation pro­ ing Price Regulation 34, is not a fixed charge vides further that the transferor shall which is lower than the price you deter­ make available to the transferee all [Celling Price Regulation 34, Arndt. 14 to mined by thè use of this Manual (a fixed records which are necessary for the Supplementary Regulation 3] charge is a charge not computed on the basis of the hourly.rate. Examples: Minor tune- transferee to comply with the record­ CPR 34— S ervices up, all Blank Models, $____ , Relining brakes keeping requirements of the regulation. on 1951 Blank Cars, $____ ); and The regulation does not provide a SR 3—A ppr o va l o p C e r t a in A u t o m o t iv e (3) Where you did not use a previous edi­ method for establishing ceiling prices for ' and F arm T ractor R e p a ir S ervice F l a t tion of this Manual for the job during the the transferee in event the records of R ate M a n u a l s base period, the supplementary statement the transferor have been lost, destroyed, which you file shows that such job is in­ approval o p a d d it io n a l f l a t rate or are otherwise unavailable. Instances cluded among those Jobs for which you will MANUALS AND LABOR SCHEDULES hereafter determine your ceiling price by the have arisen in which such circumstances use of this Manual. (Y ou must file with prevail. Pursuant to the Defense Production This amendment changes section 16 Act of 1950, as amended, Executive Or­ your District OPS Office in accordance with section 18 of Ceiling Price Regulation 34 of CPR 120 to provide a method by der 10161 (15 F. R. 6105), and Economic a statement of your intention to use all which ceiling prices will be determined Stabilization Agency General Order No. or any part of this Manual for determining for the transferee when the transferor 2 (16 F. R. 738), this Amendment 14 to your ceiling price of any of your jobs for does not make available to the transferee Supplementary Regulation 3- (16 F. R. which you did not use an earlier edition of the records necessary for the transferee this Manual during the base period Decem­ 8828) to Ceiling .Price Regulation 34, is to determine his ceiling prices. This hereby issued. ber 19, 1950, to January 25, 1951, inclusive.) (4) The notice which you post in your new provision permits the transferee to STATEMENT OP CONSIDERATIONS place of business, within 10 days after you apply to the Office of Price Stabilization begin to use this Manual, states that such to.fix ceiling prices. This amendment adds various flat rate -Job is included among the jobs for which In the judgment of the Director, the manuals and labor schedules and sup­ you will hereafter determine your ceiling provisions of this amendment are gen­ plements thereof to the list of approved price by the use of this Manual. erally fair and equitable and are nec­ flat rate manuals and labor schedules in Important. In case you are in doubt about essary to effectuate the purposes of Title section 2 of Supplementary Regulation your ceiling prices, consult your OPS Dis­ IV of the Defense Production Act of 1950, 3 to Ceiling Price Regulation 34. trict Office. as amended. In the formulation of this The Statements of Consideration This notice must be attached to your which accompanied Supplementary Reg­ manual. amendment, special circumstances have rendered consultation with industry ulation 3 to Ceiling Price Regulation 34, (Sec. 704, 64 Stat. 816, as amended; 50 U. S. C. representatives, including trade associa­ and Amendment 1 to that regulation are App. Sup. 2154) tion representatives, neither necessary equally applicable to this amendment Effective date. This Amendment 14 to nor practicable. and are incorporated herein by this ref­ Supplementary Regulation 3 to Ceiling erence. Price Regulation 34 shall be effective on AMENDATORY PROVISIONS The character of the approval grant-- January 24, 1953. 1. Section 16 of Ceiling Price Regula­ ed by this amendment made it imprac­ tion 120 is amended to read as follows: ticable and unnecessary to consult for­ N ote: The record-keeping and reporting requirements of this regulation have been mally with representatives of the in­ S e c . 16. Transfer of business, (a) I f approved by the Bureau of the Budget in the business, assets or stock in trade of dustry and trade associations although accordance with the Federal Reports Act in each instance representatives of the of 1942. any business are sold or otherwise trans­ ferred after the end of the base period, publishers of the manuals were consult­ J o s e ph H . F r e e h il l , ed and consideration was given to their Director of Price Stabilization. and the transferee carries on the busi­ recommendations. In the judgment of ness, or continues to deal in the same the Director of Price Stabilization the J a n u a r y 19, 1953. type of commodities and services in an provisions of this amendment are gener­ [F. R. Doc. 53-757; Filed, Jan. 19, 1953; establishment separate from any other ally fair and equitable and are neces­ .10:58 a. m.j establishment previously owned or oper­ ated by him, the ceiling prices of the sary to effectuate the purposes of Title transferee shall be the same as those IV of the Defense Production Act of to which his transferor would have been 1950, as amended. [Ceiling Price Regulation 120, Arndt. 6] subject if no such transfer had taken AMENDATORY PROVISIONS place, and his obligation to keep records CPR 120— C e il in g P r ic e s for T e r r i­ sufficient to verify such prices shall be Supplementary Regulation 3 to Ceil­ t o r ia l E a t in g a n d D r in k in g E stab­ the samë. The transferor shall either ing Price Regulation 34 is amended in l is h m e n t s preserve and make available, or turn the following respects: AMENDMENT OF TRANSFER OF BUSINESS over, to the transferee all records of 1. Section 2 is amended by adding PROVISION transactions prior to the transfer which after paragraph (ww), paragraph (xx) are necessary to enable the transferee as follows: Pursuant to the Defense Production to comply with the record provisions of Act of 1950, as amended, Executive this regulation. (xx) 1953 Ford Suggested Time Sched­ Order 10161, and Economic Stabiliza­ -(b) I f records sufficient to verify the ule, Trucks. tion Agency -General Order *No. 2, this transferor’s prices have been lost, de­ 2. Appendix X X is added after Ap­ Amendment 6 to Ceiling Price Regula­ stroyed or otherwise become unavail­ pendix WW as follows tion 120 is hereby issued. able prior to the transfer to you, you may apply to your OPS Territorial Of­ Appendix x x STATEMENT OF CONSIDERATIONS fice to fix ceiling prices for you. OPS This Is the Notice for the 1953 Ford Sug- Ceiling prices for restaurants and eat­ may require you or the transferor to 8®6ted Time Schedule, Trucks. ing and drinking establishments in the submit an affidavit explaining why the 418 RULES AND REGULATIONS records are unavailable and certifying The differentials for long lengths (25' 4. Table 12 of section 5.2 is changed that you have no practicable means of to 40' inclusive) for timbers and railroad to read as follows: obtaining the information necessary to car framing in CPR 149 as issued were T able 12—N o. 2 L ong L eap Dimension—Par. 332 determine your ceiling prices. I f OPS erroneously computed on 2-foot intervals Standard S4S, SIS, S2S, S & E, S1S2E, S2E, and S1E finds that you have shown that the rec­ instead of 1-foot intervals. Accordingly, AIR DRIED ords are unavailable, it will authorize this amendment establishes the differen­ you to determine your ceiling prices in tials for the foregoing lengths in 1-foot Ran­ 10', 9', the same way as the operator of a new intervals. 12' 18' 22' Size dom 4' 6' 8' and 16' and establishment determines his ceiling In the formulation of this amend­ length and 24' prices. ment, there has been consultation with 14' 20' (Sec. 704, 64 Stat. 816, as amended; 50 U. S. C. industry representatives, including trade association representatives, and consid­ 2x3".... $91 $56 $61 $91 $91 $93 $100 $113 App. Sup. 2154) 2 x 4"___ 88 53 58. 89 88 90 97 110 eration has béen given to their recom­ 2 x 5"___ 93 58 63 93 93 95 102 115 Effective date. This Amendment 6 to mendations. 2 x 6" ___ 89 54 59 89 89 91 . 98 111 Ceiling Price Regulation 120 is effective 2 x 8" .... 91 56 61 91 91 93 100 113 In the judgment of the Director of 2 x 10"... 96 60 66 96 96 98 105 118 January 24, 1953. Price Stabilization, the provisions of this 2 x 12" __ 100 65 70 100 100 102 109 122 Note: The record-keeping and reporting amendment are generally fair and equi­ requirements of this regulation have been table and are necessary to effectuate the For par. 331 No. 1 long leaf dimension—2" x 3" to approved by the Bureau of the Budget in 2" x 8" add $5.00; 2" x 10" and 2" x 12", add $10.00. purposes of Title IV of the Defense Pro­ For par. 333 No. 3 long leaf dimension—2" x 3" to 2" x accordance with the Federal Reports Act of duction Act. 12", random lengths $66.00; specified lengths, add $5.00. 1942. For par. 334 "No. 4 long leaf dimension, air dried and J o s e p h H . F r e e h il l , AMENDATORY PROVISIONS kiln dried, 2". x 3"- and wider-random lengths: $35.00. Director of Price Stabilization. Ceiling Price Regulation 149 is hereby 5. Footnotes 7 and 8 to Table 13, sec­ J a n u a r y 19, 1953. amended in the following respects: tion 5.2, are changed to read as follows: 1. Table 2 of section 5.1 is changed to [F. R. Doc. 53-758; Filed, Jan. 19, 1953; read as follows: 7 For longer lengths, add to above prices: 10:58 a. m.j T able 2—No . 2 Box Dimension (P ar. 231 (A) and 3" x 3" to 3" x 9" (B) Supplement N o. 2 to 1948 Standard Grading Lengths 8" x 8" and larger R ules)—Dimension P ars. 256, 257, 258, 259, 260, and 261.Standard S4S, SIS, S2S, S & E, S1S2E, S2E [Ceiling Price Regulation 149, Arndt. 2] - AND S1E $5.00 $4.00 AIR DRIED 12.00 10.00 CPR 149—S o u t h b e r n Y e l l o w P in e L u m b e r «-For lengths longer than 24' up to and including 40', Ran­ 10', S', 22' add $3.00. for each lineal foot to the 24' price. For lengths MISCELLANEOUS AMENDMENTS Size dom 4' 6' 8' 12' 16' 18' and longer than 40', add $5.00 for each lineal foot to the 40' length and and Pursuant to the Defense Production 14' 20' 24' price. Act of 1950, as amended, Executive Or­ 6. Footnote 7 to Table 13A, section der 10161, and Economic Stabilization 2x3"___ $78 $43 $48 $78 $78 $80 $87 $100 2 x 4"___ 75 40 45 76 75 77 84 97 5.2, is changed to read as follows: Agency Order No. 2, this Amendment 2 2 x 5"___ 80 45 50 80 80 82 89, 102 to Ceiling Price Regulation 149 is hereby 2 x 6" ___ 76 41 46 76l 76 78 85 98 7 For precision cutting to a specified exact length with 2 x 8" ___ 78 43 48 78 78 80 87 100 tolerance to not more than J.4" allowed, add $5.00. No issued. v 2 x 10" ... 83 48 53 83 83 85 92 105 addition is permitted for customary double-end trim­ 2 x 12"... 87 52 57 87 87 ming. STATEMENT OF CONSIDERATIONS 89 96 109 This amendment to Ceiling Price Reg­ 7. Footnotes 14 and 15 to Table 20 (B), For par. 256 No. 1'dimension, 2 x 3" to 2 x 8" add to section 5.2, are changed to read as ulation 149 brings into proper relation­ No, 2 Box $13.00; 2 x 10" and 2 x 12" add to No. 2 Box $18.00. follows: ship the spread between common dimen­ For par. 257 add to par. 256 prices $5.00. sion and common boards by increasing For par. 258 No. 2 dimension 2 x 3" to 2 x 12" add to 14 Lengths longer than 20', add to 20' prices as follows No. 2 Box $8.00. (for all grades): the ceiling price on No. 1 and No. 2 com­ For par. 259 add to par. 258 prices $5.00. mon dimension and reducing the ceiling For par. 260'No. 3 dimension 2 x 3" to 2 x 12" random price on No. 4 dimension. This amend­ lengths, $61.00; specified lengths $5.00 more. 10" and Over 10" For par. 261 No. 4 dimension air dried and kiln dried Length under ment also corrects the long length differ­ 2 x 3" and wider, random lengths: $35.00. entials on timbers and railroad car fram­ ing in lengths longer than 24 feet which 2. Footnotes 7 and 8 to Table 3, sec­ $15.00 $10.00 were erroneously carried in the regula­ tion 5.1, are changed to read as follows: tion on 2-foot intervals instead of 1-foot 15 For lengths longer than 24' up to and including 40, 7 For longer lengths add to above-prices: add $3.00 for each lineal foot to the 24' price. For lengths intervals. It also corrects a typographi­ longer than 40', add $5.00 for each lineal foot to the 40 cal error in. one footnote. price. Lengths 3 x 3" to 3 x 9" and There has usually existed in the indus­ 8 X 8" larger (Sec. 704, 64 Stat. 816, as amended; 50 U. S. 0. try a spread of $4.00 to $6.00 between App. Sup. 2154) No. 2 common boards and No. 2 common- $5.00 $4.00 non-stress dimension. The spread be­ 12.00 . 10.00 Effective date. This Amendment 2 to tween these items must reflect only a Ceiling Price Regulation 149 is effective 8 For lengths longer than 24' up to and including 40', January 19, 1953. reasonable difference in production costs add $3.00’for each lineal foot to the 24' price. For lengths if normal balanced inventories are to be longer than 40', add $5.00 for each lineal foot to the 40' price. J o s e ph H . F r e e h ill, maintained. As issued, CPR 149 estab­ Director of Price Stabilization. lished an $8.00 differential between 3. Footnotes 14 and 15 to Table 10B, boards and non-stress dimension, and section 5.1, are changed to read as J a n u a r y 19, 1953. follows: thereby encouraged an unbalanced pro­ [P. R. Doc. 53-759; Piled, Jan. 19, 1953! duction of these items. A restudy of 14 Lengths longer than 20', add to 20' prices as follows 10:58 a .m .] price data indicates the necessity of re­ (for all grades): ducing the spread in the ceiling price of boards and dimension from $8.00 to 10" and * Length under Over 10" $ 6.00. [Ceiling Price Regulation 181, Corr.] A reduction of $8.00 in the ceiling price 22'and 24'---- .. . _ $15.00 $10.00 CPR 181— S t o c k M il l w o r k of No. 4 dimension is made by this CORRECTION amendment in order to bring the item 75 For lengths longer than 24' up to and including 40', into the proper relationship with the add $3.00 for each lineal foot to the 24' price. For lengths Through inadvertehce the table in sec­ longer than 40', add $5.00 for each lineal foot to the 40' average GCPR price level. price. tion 19 of percentage additions to be Tuesday, J a n u a ry 20, 1953 FEDERAL REGISTER 419 applied to list prices to arrive at the basic Accordingly, the table in section 19 is evaporated milk of different processors ceiling prices for certain types of doors corrected by deleting the percentage ad­ as of the GCPR base period. This re­ is in error as to two items. The percent­ ditions set out for sawn faced Walnut sulted in the prices of a few companies age additions for solid core flush veneer veneered doors and by inserting a line processing and distributing evaporated doors having softwood cores, made of for percentage additions for sawn faced milk being frozen in an abnormal rela­ Ponderosa Pine veneer, were set out as Ponderosa Pine veneered doors, so thatv tionship to selling prices generally pre­ though they applied to the same type the last two lines of the table are as vailing in their markets. No specific door made of Walnut veneer. follows: method is provided in the GCPR for cor­ P ercentage A dditions recting such price distortions. In most cases of abnormal price relationships Standard thickness among the same kind of milk products of Description of product (No. 1 flush fé indi fi inch li inch fé inch different processors, the abnormal rela­ thickness veneered doors 1% inches thick; 5 of a thickness thickness thickness tionships have been obviated by the one­ size and kind) Botary cut Sliced cut (rotary cut (sawn (sawn (sawn faces faces faces) faces) faces) faces) way-up parity pass-through under sec­ tion 11 of the GCPR. However, some Percent Percent Percent Percent Percent Percent abnornjal price relationships have not Walnut, American Blank______' _ +32 been so rectified. Accordingly, this sup­ Pine, Ponderosa______+15 +16 +18# plementary regulation has been devel­ oped, to provide a method for restoring (Sec. 704, 64 Stat. as amended; 50 U. S. C. App. Sup. 2154) normal price relationships in the evapo­ J o s e p h H . F r e e h il l , rated milk industry. It is believed that Director of Price Stabilization. in this industry the period 1948 through Ja n u a r y 19, 1953. 1950 is a proper period of time from [F. R. Doc. 53-760; Filed, Jan. 19, 1953; 10:58 a. m.] which to determine normal price rela­ tionships. Most distortions appear to have arisen following the opening of the [General Ceiling Price Regulation, modity,” that is, that the new commod­ Korean war in June 1950. Some proc­ Amdt. 39] ity and the one used as a comparison essors of evaporated milk advanced their prices, while others tried to hold the G eneral C e il in g P r ic e R e g u l a t io n commodity must be purchased from sup­ pliers of the same class. Even though line. COMPARISON COMMODITY LIMITED TO NEW the new commodity falls in a category It is the purpose of this regulation to COMMODITY PURCHASED FROM . THE SAME dealt in during the base period if the permit adjustments only in cases where CLASS OF SUPPLIER seller does not have a comparison com­ a small minority of the number of sellers Pursuant to the Defense Production modity bought from the same class of in a particular market were frozen to Act of 1950, as amended, Executive Order supplier he will have to resort to section a distorted relationship with the ma­ 10161, and Economic Stabilization Agen­ 7 of the General Ceiling Price Regula­ jority of sellers. In cases where, in a cy General Order No. 2, this amendment tion to establish his ceiling price. market comprising at least several to General Ceiling Price Regulation is In formulating this amendment the sellers or many sellers, only one or two hereby issued. Director has consulted with representa­ to some very small proportion of sellers tives of industry, including trade associ­ increased prices during or within a few STATEMENT OF CONSIDERATIONS weeks prior to the General Ceiling Price Under section 5 of the General Ceil­ ation representatives, to the extent prac­ ticable under the circumstances and has Regulation base period by an amount ing Price Regulation, a' wholesaler or significantly greater than did the ma­ retailer who purchases a new commodity given consideration to their recommen­ dations. jority of sellers in that market, it is not falling within a category dealt in during the purpose of this regulation to adjust the base period is required to use the AMENDATORY PROVISIONS upward the ceiling prices of the majority percentage markup he is currently re­ The General Ceiling Price Regulation of the sellers to the level of the few. ceiving on a comparison commodity, re­ is amended in the following respect: Section 5 of this supplementary regu­ gardless of whether the new commodity Section 5 (a) is amended by inserting lation requires the applicant to submit is purchased from the same class of after the words “under section 3;” the supplier as the one used as a comparison such information as will enable the Office following phrase: “must be a commodity commodity. of Price Stabilization to know what were purchased from a supplier of the same the normal price relationships among the The General Ceiling Price Regulation class as the commodity being priced;” does not take into account tl^at the compared products. (Sec. 704, 64 Stat. 816, as amended, 50 U. S. O. change from one class of supplier such FINDINGS as a manufacturer to another class of App. Sup. 2154) Before issuing this supplementary supplier such as a wholesaler provides Effective date. This amendment is the wholesaler or retailer With an un­ effective January 24, 1953. regulation, the Director of Price Sta­ realistic margin if the margin enjoyed bilization consulted with representatives on commodities purchased from one J o s e ph H . F r e e h il l , of the evaporated milk industry, includ­ class is used to determine the ceiling Director of Price Stabilization. ing trade association representatives, to price of a commodity purchased from J a n u a r y 19, 1953. . the greatest extent practicable, and full another class. As a result a wholesaler [F. R. Doc. 53-761; Filed, Jan. 19, 1953; consideration has been given to their or retailer who had changed his class 10:58 a. m.j recommendations. of supplier from a wholesaler to a man­ In the judgment of the Director the ufacturer receives a shrunken,, markup provisions of this regulation are gen­ because of the inërease in the costs of [General Ceiling Price Regulation, Supple­ erally fair and equitable, are necessary distribution which he assumes, such as mentary Regulation 130] warehousing, advertising, and freight to effectuate the provisions of Title IV from longer distances. Conversely, a GCPR, SR 130—I n - l in e A d j u s t m e n t s and Title V II of the Defense Production wholesaler or retailer who had been pur­ fo r P rocessors o f E vaporated M i l k Act, as amended, and conform with all the applicable standards of that act. chasing from a manufacturer and per­ Pursuant to the Defense Production forming the distributive functions ordi- Act of 1950, as amended, Executive Or­ REGULATORY PROVISIONS ^ rily handled by a wholesaler receives der 10161, and Economic Stabilization Sec. an extraordinarily generous margin if he Agency General Order No. 2, this Supple­ 1. What this supplementary regulation does. shifts his class of supplier which does 2. Where this supplementary regulation ap­ mentary Regulation to the General Ceil­ plies. not reflect the elimination of the dis­ ing Price Regulation is hereby issued. tribution expenses. 3. W ho may apply. STATEMENT OF CONSIDERATIONS 4. Standards for determining price distor­ To remedy this inequity, section 5 is tions. being changed to provide a further qual­ The General Ceiling Price Regulation 5. Applications for price adjustments. ification for the term “ comparison com­ (GCPR) froze the price relationships for 6. Definitions. 420 RULES AND REGULATIONS

Au tho rity: Sections 1 to 6 issued under to the same class'of purchasers. I f you Chapter XI— Defense Electric Power sec. 704, 64 Stat. 816, as amended; 50 U; S. O. have only two such competitors, or only Administration, Department of the App. Sup. 2154. Interpret or apply Title IV, one such competitor, then you may sub­ 64 Stat. 803, as amended; 50 U. S. C. App. Interior Sup. 2101-2110, E. O. 10161, Sept. 9, 1950, mit the names available. Indicate which 15 F. R. 6105; 3 CPR, 1950 Supp. of the items are processed by each com­ [DEPA Order EO-4A, Direction 1, Suspension] petitor. EO-4A—L im it a t io n o f C o n s u m p t io n and S e c t io n 1. What this supplementary (3) A list of your selling prices for the regulation does. This supplementary products covered by your application and D e liv e r ie s o f E lec t r ic E ner g y in P a c if ic N o r t h w e s t regulation provides a method for restora­ a list of your competitors’ selling prices, tion of normal price relationships to if they can be obtained, for comparable D ir . 1— C u r t a il m e n t o f I nterruptible the extent that a processor’s prices for products from January 1948 to the date P o w e r evaporated milk were in. an abnormal of application. Also list your competi­ relationship compared to the prices gen­ tors’ ceiling prices for comparable prod­ s u s p e n s io n erally prevailing in his market on Jan­ ucts first established under the GCPR Direction 1 to EO-4A is hereby tempo­ uary 26, 1951. if they can be obtained. rarily suspended. This suspension does S e c . 2. Where this supplementary reg­ (4) Prices for the product or products not relieve any person of any obligation ulation applies. The provisions of this in your market reported by government or liability incurred under Direction 1 supplementary regulation are applicable agencies for different grades, brands, etc., to EG-4A, nor deprive any person of any to the United States and the District of from January 1, 1948 to date. (In the rights received or accrued under said Columbia. case of Federal agencies, references direction prior to the effective date of which identify the periodicals in which this temporary suspension. S e c . 3. Who may apply. Processors of such data may be found may be supplied This temporary suspension shall take evaporated milk may make application in lieu of the actual d ata.)» effect Friday, January 16, 1953, and re­ for adjustment of ceiling prices under the (5) A statement why the GCPR base main in effect until further notice: Pro­ provisions of this supplementary regula­ period is not representative of your oper­ vided however, That the Defense Electric tion. A processor is any person who ations. Power Administrator may prohibit cer­ manufactures or packages evaporated (6) You shall submit such further in­ tain deliveries and consumption of inter­ milk. formation relating to your application ruptible power from time to time, S e c . 4. Standards for determining for adjustment under this section as may whenever he considers such action neces­ price distortions. In order for an appli­ be requested by the Office of Price Sta­ sary to protect the present and future cant to qualify for relief under this reg­ bilization. deliveries of firm power in the shortage ulation, his selling price during the GCPR (c) Action to be takenby the Directorarea. V base period must have borne an abnor­ of Price Stabilization. The Director of (64 Stat. 816; 50 U. S. C. App. 2154) mal relationship to the selling prices of Price Stabilization may upon filing of an his most closely competitive sellers. application under this section adjust any J a m e s F. D a v e n po r t , Specifically, no relief will be afforded or all of applicant’s prices for the product Administrator, r unless: for which he seeks adjustment. Such Defense Electric Power Administration. (a) The abnormal relationship was adjustments will be made upon the basis J a n u a r y 16, 1953. temporary. In the absence of special of the standards set forth in section 4 [F. R. Doc. 53-749; Filed, Jan. 19, 1953; circumstances, if such relationship began of this regulation and will be in accord­ 10:22 a. m.] prior to December 1, 1950, it will be ance with the purposes and requirements deemed not to have been temporary. of the Defense Production. Act of 1950; (b) Such alleged abnormal relation­ as amended. Any adjustment made un­ der this section may be revised or re­ ship reflects a significant fluctuation 'Chapter XXI— Office oHlent Stabiliza­ from normal. An applicant’s selling voked at any time by the Director of price relationships are deemed to have Price Stabilization. tion, Economic Stabilization Agency been normal only if applicant’s price po­ S ec. 6 Definitions. [Rent Regulation 1, Arndt. 12] sition with respect to his most closely Evaporated milk. For the purpose of R R 1— H o u s in g competitive sellers was relatively con­ this regulation evaporated milk is the stant for a period of at least twenty-four liquid food made by evaporating sweet miscellaneous a m e n d m e n t s consecutive months between January 1, whole milk produced by cows to such Effective January 20,1953, Rent Regu­ 1948 and December 31, 1950. point that it contains not less than 7.9 lation 1 is amended as set forth below. percent of butterfat and not less than S e c . 5. Applications for price adjust­ (Sec. 204, 61 Stat. 197, as amended; 50 U. S. 0. ments— (a) Where to apply. You may 25.9 percent of total milk solids and may App. Sup. 1894) apply to the Dairy Branch, Office of contain one or both of the following op­ Office of Price Stabilization, Washington tional ingredients: Issued this 15th day of January 1953. (1) Sodium phosphate or sodium cit­ 25, D. C. J am es M cI. H enderso n, (b) Information to be submitted. Inrate or both; or calcium chloride added Director of Rent Stabilization. in a total quantity of not more than 0.1 filing an application for adjustment un­ percent by weight of the finished evapo­ 1. Section 41 is amended as follows: der this section, you shall submit the rated milk; The words “And provided further, That following information: (2) Vitamin D in such quantity as to¡ sections 211 and 214 shall be applicable” (1) For the item or items of the prod­increase the total Vitamin D content to which appear in section 41, are changed uct for which you request an adjust­ not less than 25 U. S. P. units per fluid to read: “And provided further, That ment: ounce of the finished evaporated milk. section 211 shall be applicable”. (1) Identification of the item; It may be homogenized. It is packed in 2. Section 73 is amended to read as (ii) Your current 'ceiling prices; a hermetically sealed container and so follows: (iii) Your base period ceiling prices processed by heat as to prevent spoilage. Sec. 73. Security deposits— (a) Gen­ established under section 3 of the GCPR; Effective date. This supplementary eral prohibition. Regardless of any con­ (iv) Your proposed ceiling prices and regulation is effective January 19, 1953. tract, agreement, lease, or other obliga­ the reason why you believe them to be tion heretofore or hereafter entered into, N ote: The record keeping and reporting in line with the current level of ceiling requirements of this regulation have been no person shall demand, receive o r retain prices. approved by the Bureau of the Budget in a security deposit for or in connection (2) The names of three processors accordance with the Federal Reports Act of with the use or occupancy of housing most closely competitive with you and 1942. accommodations within the defense- whose operations are most comparable J o s e p h H . F r e e h il l , rental area except as provided in this section. The term “security deposit,” in o your operation, that is, processors of Director of Price Stabilization. addition to its customary meaning, in­ ihe same class with whom you are in J a n u a r y 19, 1953. cludes any prepayment of rent except most direct competition selling the same [F. R. Doc. 53-762; Filed, Jan. 19, 1953; payment in advance of the next periodic type of commodity in similar quantities 10:58 a. m.J installment of rent for a period no longer Tuesday, J a n u a ry 20, 1953 FEDERAL REGISTER 421

than one month but shall not include landlord may petition for an order au­ knew of his obligation to register and rent voluntarily prepaid subsequent to thorizing the demand and receipt of a negligently failed or deliberately refused possession by a tenant under a written deposit to secure the return of movable to do so, the rent received for any rental lease for his own convenience. This articles. I f the landlord shows that he period commencing on or after July 1, section shall be inapplicable to all hous­ has a special need therefor, the Director 1947, or the date the maximum rent was ing accommodations with maximum may enter an order authorizing a se­ established under any such section, rents established under section 86 (a) curity deposit, not in excess of ten dol­ whichever is later, shall be received sub­ or 100 (a ).. ■- « lars, to secure the return of the movable ject to refund to the tenant of any (b) Maximum rents established under articles specified in the order. amount in excess of the maximum rent section 81, 82, 84 or 92. Where the maxi­ (2) Deposit based on prior rentalwhich may later be fixed by an order mum rent of the housing accommodation practices. Notwithstanding the preced­ under this section or section 162: Pro­ is established under section 81, 82, 84 or ing provisions of this section, any land­ vided, however, That the order under 92 no security deposit shall be demanded, lord may petition for an order authoriz­ this section or section 162 may relieve received or retained, except in the ing the demand and receipt of a security the landlord or any successor landlord amount (or a lesser amount), and on the deposit not in excess of one month’s of the duty to refund the excess rent same terms and conditions (or on terms rent. I f the landlord establishes that on for any rental period during which the and conditions less burdensome to the the maximum rent date he had a prac­ landlord or any successor landlord tenant) permitted by the Rent Regula­ tice in the structure in which the hous­ neither negligently failed nor deliber­ tion for Housing issued pursuant to the ing accommodations are situated of ately refused to register. The landlord Emergency Price Control Act of 1942, as collecting a security deposit for a certain or any successor landlord shall have the amended, as such regulation read on specific purpose or that there was on the duty to refund only if the order under June 30,1947. maximum rent date a practice in the this section or section 162 is issued in a (c) Maximum rents established under community where the housing accom­ proceeding commenced by the Director sections 91, 93, 94, 95, 98, 99 or 101. modations are situated of collecting a within 3 months after the date of the Where the maximum rent of the housing security deposit for a certain specific filing of such registration statement. I f accommodation is established on the ef­ purpose in connection with the rental a refund is required by the order under fective date of regulation under section of comparable housing accommodations, this section or section 162 such amount 91, 93, 94, 95, 98, 99 or 101, or was estab­ the Director may enter an order author­ shall be refunded to the tenant within lished on December 12, 1951 under sec­ izing a security deposit not in excess of 30 days after the date of the issuance of tion 99, or was established on April 1, one month’s rent for similar purposes the order unless the refund is stayed in 1952, under section 101, no security de­ which shall be specified in the order. accordance with the provisions of Rent posit shall be demanded, received or re­ Such security deposit may not be col­ Procedural Regulation 3. tained except in the amount (or a lesser lected from the tenant in possession on amount) and on the same terms and the date the petition is filed. 7. In sections 211 (d) and 231, the conditions (or on terms and conditions words “Rent Procedural Regulation 2” 3. In sections 83 (a), 85 (a ), 93, 94, 95 less burdensome to the tenant) provided are changed to read “Rent Procedural and 99, the words “in accordance with for in the lease or other rental agreement Regulation 3”. the provisions of sections 211 to 214“ are in effect on the date determining the 8. Section 213 is amended as follows: changed to read: “In accordance with The words “ The provisions of sections maximum rent: Provided, however, That the provisions of this regulation”. where such lease or other rental agree­ 211 (a) and (b), 212 and 214 shall not 4. Sections 83 (b ), 85 (b) and 96 are apply” which appear in section 213, are ment provided for a security deposit the revoked and deleted. Director at any time on his own initiative, changed to read: “ The provisions of 5. Section 91 is amended to read as sections 211 (a ), 211 (b) and 212 shall or on application of the tenant, may follows: order a decrease in the amount of such not apply”. , deposit, or may order its elimination. S e c . 91. Rented on maximum rent 9. Section 214 is revoked and deleted. (d) Deposits based on prior rental d a t e. For housing accommodations [F. R. Doc. 53-651; Filed, Jan. 19, 1953; practices. Notwithstanding the preced­ rented on the maximum rent date, the 8:50 a. m.] ing provisions of this section, any land­ maximum rent shall be the rent for such lord may demand, receive and retain in accommodations on that date, except as the case of any rental agreement entered hereinafter provided in section 92, et into on or after April 1, 1948, a security seq., pertaining to the establishment of [Rent Regulation 1, Amdt. 115 to Schedule A] deposit, if said deposit does not exceed maximum rents. R R 1— H o u s in g the rent for one month in addition to 6. Section 157 (b) is amended to read the otherwise authorized collection of as follows: S c h e d u le A — D e f e n s e R e n t a l A reas rent in advance, if the demand, collec­ MARYLAND tion or retention of such a security de­ (b) Where the maximum rent for said posit was an accepted rental practice, housing accommodations was originally Effective January 20,1953, Rent Regu­ prior to January 30, 1942, in the area in established under paragraph (c), (d ), lation 1 is corrected so that item 140 of which the premises are located, or was (e) or (j), of section 4 of the Rent Regu­ Schedule A reads as set forth below. customarily required before that date by lation for Housing, issued pursuant to (Sec. 204, 6f Stat. 197, as amended; 50 U. S. C. the same landlord in the renting of the the Emergency Price Control Act of 1942, App. Sup. 1894) particular housing accommodations in­ as amended, or where the maximum rent volved, and if the tenant is allowed, is established under section 83, 85, 91, 93, Issued this 15th day of January 1953. under the terms of the rental agreement, 94, 95 or 101, and the Director finds that J a m es M cI. H e n d e r s o n , to occupy the premises for the jjeriod the landlord or any successor landlord Director of Rent Stabilization. covered by the security deposit without further payment of rent. Each Area State and name of Class County or counties in defense-rental area under Maximum Effective Rent Director shall determine the rental defense-rental area regulation rent date date of Practice or practices, prior to January regulation 30,1942, with reference to such security Maryland deposits in. the particular area or any Portion thereof. (140) Hagerstown___ B In Washington County, the cities of Hagerstown and Mar. 1,1942 Sept. 1,1942 Hancock, the towns of Boonsboro and Williams­ (e) Petition for security deposit— (1) ■ - port, and the unincorporated localities in Washing­ ton County, except those in Election Districts 1, 8,9, Deposits to secure the return of certain 11, 12, 14, and 20. Movable articles. Notwithstanding the Preceding provisions of this section, any [F. R. Doc. 53-652; Filed, Jan. 19, 1953; 8:51 a. m.J No. 13------3 422 RULES AND REGULATIONS

[Rent Regulation 1, Amdt. 118 to Schedule A] restricted area. Sequoia wood or bark TITLE 42— PUBLIC HEALTH shall not be disturbed for any purpose. [Rent Regulation 2, Amdt. 115 to Schedule A[ Chapter I— Public Health Service, (Sec. 3, 39 Stat. 535; 16 TJ. S. C. 3) R R 1—H o u s in g Federal Security Agency Issued this 13th day of January 1953. R R 2—R o o m s i n R o o m in g H o u s e s an d Subchapter D— Grant* O t h e r E stablishments V e r n o n D . N o rth ro p, Acting Secretary of the Interior. P art 51— G r ants to S tates for P ublic S c h e d u l e A — D e f e n s e -R e n t a l A reas H e a l t h S e r vic es [P. R. Doc. 53-621; Piled, Jan. 19, 1953; P art 52— G r ants for C ancer C ontrol TEXAS 8:45 a. m.] P rograms Effective January 16, 1953, Rent Reg­ ulation 1 and Rent Regulation 2 are Notice of proposed rule-making and amended so that item 319 (e) of Sched­ public rule-making procedures have been ule A reads as set forth below. P art 20—S p e c ia l R e g u l a t io n s omitted in the issuance of the following amendment of Part 51 and the repeal of (Sec. 204, 61 Stat. 197, as amended; 50 U. S. C. FORT JEFFERSON NATIONAL MONUMENT; App. Sup. 1894) Part 52 of this chapter, which relate ' FISHING solely to grants to States for administra­ Issued this 16th day of January 1953. 1. Subparagraphs (8) and (9) of para­tion of public health programs. J am es M cI. H e n d e r s o n , graph (a) Fishing, of §20.27 Fort Jef­ 1. Part 52 of this chapter is hereby Director of Rent Stabilization. ferson National Monument are amended I *6 P 6 E t l6 d to read as follows: 2. Part 51 of this chapter is hereby (319e) Brazoria [revoked and decontrolled]. (8) Fishing from vessels that engage amended to read as follows: This decontrols the Brazoria, Texas, in any commercial fishing or shrimping Sec. Defense-Rental Area on the initiative of activity, and the taking of fish for the 51.1 Definitions. 51.2 Allotments; extent of health prob­ the Director of Rent Stabilization under purpose of sale by any other boats or lems. section 204 (c) of the act. vessels not so engaged, is prohibited in 51.3 Basis of allotments. the area of the national monument de­ [P. R. Doc. 53-706; Filed, Jan. 16, 1953; 51.4 Allotments; estimates; time of mak­ 2 :0 0 p. m.] scribed as follows: ing; duration. Beginning at Pulaski Shoal Light, at lati­ 51.5 Plans; mode of submittal. tude 24°41'36'' North, longitude 82°46'23'' 51.6 Plans; contents. 51.7 Plans; time of submittal and approval. West, thence on a straight line to a point 51.8 Payments to States; to cooperating [Rent Regulation 3, Amdt. 114 to Schedule A ] at latitude 24°38'00" North, longitude 82°48'00" West; thence on a straight line to agencies. 51.9 Required expenditure of State and [Rent Regulation 4, Amdt. 56 to Schedule A] a'buoy “N2”. at latitude 24037'23" North, local funds; funds of cooperating longitude 82°49'48" ' West; thence in a R R 3— H o t e ls straight line to a buoy “Cl” at latitude agencies. 51.10 Expenditure of Federal grant funds. 24°35'35" North, longitude 82°52'19" West; r r 4— M otor C o urts 51.11 Use of Federal grant funds for train­ thence in a straight line to a buoy “N 8” S c h e d u l e A—D e f e n s e -R e n t a l A reas at latitude 24°35'07" North, longitude ing. 51.12 Personnel administration on a merit 82°54'07” West; thence in a straight line to TEXAS a buoy “N-10” at latitude 24°36'39" North, basis. 51.13 Fiscal accounting and control. longitude 82°57'27" West; thence in a Effective January 16, 1953, Rent Reg­ 51.14 Reports; State health authority; co­ ulation 3 and Rent Regulatioh 4 are straight line to a point at latitude 24°40'57" North, Jongitude 82° 54'16" West; thence in a operating agencies. amended so that item 319 (e) of Sched­ 51.15 Audit. ule A reads as set forth below. straight line to a point at latitude 24°41'50" North, longitude 82°53'10" West; thence in a Au tho rity: §§ 51.1 to 51.15 issued under (Sec. 204, 61 Stat. 197, as amended; 50 straight line to a point at latitude 24°42'22" sec. 215, 58 Stat. 690; 42 U. S. C. 216. Inter­ U. S. C. App. Sup. 1894) North, longitude 82°51'50" West; thence in pret or apply sec. 314, 58 Stat. 693, as amend? a straight line to a point at latitude 24°42'53" ed, 42 U. S. C. 246. Issued this 16th day of January 1953. North, longitude 82°49'34" West; and thence § 51.1 Definitions. As used in this J am es M cI. H e n d e r so n , in a straight line to a point at latitude Director of Rent Stabilization. 24°42'44" North, longitude 82°48'20" West; part: and thence in a straight line to the point (a) “ Act” means the Public Health (3lde) Brazoria [revoked and decontrolled]. of beginning at Pulaski Shoal Light. Service Act approved July 1, 1944, 58 This decontrols the Brazoria, Texas, (9) (i) The taking of live bait in the Stat. 682, as amended. (b) “ Cooperating agency” , which term Defense-Rental Area on the initiative of area described in subparagraph (8) of this paragraph is prohibited, except is used only in relation to the heart dis­ the Director of Rent Stabilization under ease control program, means a county, section 204 (c) of the act. minnows or “ pilchers” may be taken any­ where in the area by cast net of twelve health district, other political subdivi­ [P. R. Doc. 53-707; Piled, Jan. 16, 1953; foot diameter or under, or by hook and sion of the State or other public or non­ 2 :0 0 p. m.] profit agency, institution, or other or­ line. (ii) Possession at any time of more ganization in the State, to which pay* ments for a heart disease control pro­ TITLE 36— PARKS, FORESTS, AND than one day’s supply of bait so taken is gram are recommended .by the State MEMORIALS prohibited. No bait shall be taken for health authority. the purpose of sale. (c) “Financial need” as applied to any Chapter I— National Park Service, 2. Subparagraph 10 of paragraph (a) Stat£ means the relative per capita in­ Department of the Interior Fishing, of § 20.27 is amended by deleting come as shown by data supplied by tue the period at the end o f the last sentence Bureau of Foreign and Domestic Com­ merce for the most recent five-year- P art 1— G e n e r a l R u l e s and R e g u l a t io n s and adding the following: “or to the period, available on January 1, preced- CAMPING taking of minnows by cast net as de­ +• V» r\ firnnl scribed in subparagraph (9) of this para­ 1. Paragraph (f) of § 1.3 Camping, grant funds are appropriated. is amended to read as follows: graph.” (d) “General health purposes” means (Sec. 3, 39 Stat. 535; 16 U. S. C. 3) the establishment and maintenance oi (f) The gathering of dead or fallen public health services, other than com­ wood for fuel by campers is prohibited in Issued this 13th day of January 1953. munity mental health services, within those areas designated by the Superin­ the meaning of subsection (c) of section tendent by the placing of signs conspic­ V e r n o n D. N o r th r o p, 314 of the act. , uously at appropriate intervals in such Acting Secretary of the Interior. (e) “ Official forms” means forms ana manner as to afford the public full notice [P. R. Doc. 53-620; Piled, Jan. 19, -1953; instructions supplied by the Public of the restriction and of the limits of the 8:45 a. m .] Health Service to the State health au- Tuesday, J a n u a ry 20, 1953 FEDERAL REGISTER 423

thority and to a cooperating agency for (b) Tuberculosis. The extent of the (f) Cancer. Of the amount available use in the submittal of plans or infor­ tuberculosis problem shall be determined for allotment for cancer control pro­ mation required with respect to the by the Surgeon General taking into con­ grams on a formula basis: operation of such plans. sideration such factors as: (1) From 40 percent to 60 percent on (f) “Plans” refers to the information (1) The morbidity of the disease; the basis of population weighted by and proposals submitted by the State (2) The mortality attributed to the financial need. health authority pursuant to the regu­ disease; (2) From 40 percent to 60 percent on lations in this part for activities of the (3) The relative need among the the basis of the extent of the cancer State and political subdivisions thereof States of facilities for diagnosis and problem. for (1) the prevention, treatment and treatment of tuberculous persons. control of venereal disease, (2) the (c) General health. The extent of § 51.4 Allotments; estimates; time of prevention, treatment and control of special health problems shall be the rela­ making; duration, (a) For each fiscal tuberculosis, (3) establishing and main­ tive population density of the several year, the Surgeon General shall, with the taining public health services, (4) the States, in inverse order. approval of the Administrator, deter­ prevention, treatment and control of (d) Mental health. The extent of the mine the amount of the appropriation mental illness, including emotional, mental health problem shall be deter­ for each program which shall be avail­ psychiatric and neurological disorders, mined by the Surgeon General, taking able for allotment among the several (5) establishing and maintaining or­ into consideration such factors as: States. ganized community programs of heart (1) The prevalence of emotional and (b) Prior to the beginning of each fis­ disease control, or (6) the prevention, psychiatric disorders affecting mental cal year the Surgeon General shall pre­ control and eradication of cancer. health ; pare and make available to the States (g) “Plans” refers also to the infor­ (2) Special conditions which create an estimated schedule of the amounts mation and proposals for establishing unequal burdens in the administration which it is expected will be allotted to and maintaining organized community of mental health services among the each State during the fiscal year from programs for heart disease control sub­ States as indicated by the relative popu­ estimated appropriations. mitted in lieu of a,State plan by a co­ lation o f large urban and dispersed- (c) Allotments for each program for operating agency pursuant to this part. population areas. the first six months shall be made prior (h) “Political subdivision” includes (e) Cancèr * The extent of the cancer ' to the beginning of the fiscal year or as counties, health districts, municipalities, problem shall be determined by the Sur­ soon thereafter as practicable, and shall and other subdivisions of the State es­ geon General taking into consideration equal not less than 60 percent nor more tablished for governmental purposes. such factors as: than 70 percent of the total sum deter­ (i) “Population” as applied to any (1) The mortality attributed to the mined to be available for allotment dur­ State or political subdivision, means the disease; ing that fiscal year. At the end of the most recent official estimates of the Bu­ (2) The relative population density of second quarter, the amounts of allot­ reau of the Census available on January the several States in inverse order. ments for the first six-month period 1, preceding the fiscal year for which which have not been certified for pay­ Federal grant funds are appropriated. § 51.3 Basis of allotments. Allot­ ment to the respective States pursuant (j) “Public Health Service” means the ments to the several States for the pur­ tei § 51.8 shall become available for allot­ Public Health Service in the Federal poses specified in §51.2 shall be com­ ment among the States in the same Security Agency. . puted as follows: manner as moneys which had not previ­ (k) “State” includes any State, the (a) Venereal disease. Of the amount ously been allotted. District of Columbia, Hawaii, Alaska, available for allotment for venereal dis­ (d) Allotments for each program for Puerto Rico, or the Virgin Islands. ease control programs : the remaining six months shall be made (l) Insofar as the regulations in this Prom 20 percent to 40 percent, on the basis prior to the beginning of the third quar­ part relate to the State mental health of population, weighted by financial need. ter or as soon thereafter as practicable, Program, “State health authority” From 60 percent to 80 percent, on the basis and shall equal the total sum remaining means, in the case of any State in which of the extent of the venereal disease problem. unpaid and unallotted from the amount there is a single State agency other than (b) Tuberculosis. Of the amount available for allotment during the fiscal the State health authority charged with available for allotment for tuberculosis year. responsibility for . administering such control programs: (e) The Secretary of the Treasury and program, the State mental health the respective State health authorities Prom 20 percent to 40 percent, on the basis authority. of population, weighted by financial need. shall be notified of the amounts of allot­ Prom 60 percent to 80 percent, on the basis ments and of the period for which they § 51.2 Allotments; extent of health are made. problems. For the purpose of making of the extent of the tuberculosis problem. allotments to the several States: (c) General health purposes. O f the §51.5 Plans; mode of submittal, (a) (a) Venereal disease. The extent of amount available for allotment for gen­ Each State making application for grants the venereal disease problem shall be de­ eral health purposes other than for under section 314 of the act or for a termined by the Surgeon General tak- mental health: cancer control program shall submit Hig into consideration such factors as: plans through its State health authority From 90 percent'to 95 percent, on the basis (1> The varying composite and racial of population, weighted by financial need. for each fiscal year for carrying out the prevalence rates for syphilis; Prom 5 percent to 10 percent, on the basis purposes for which such grants are f (2>The extent to which treatment of the extent of special health problems. made available. A State making appli­ ^acuities have been provided as evi­ cation for Federal grant funds for moré denced by the population under treat­ (d) Mental health. Of the amount than one of these purposes may consoli­ ment for syphilis; available for allotment for mental health date its plan: Provided, That the infor­ programs: (3) The total number of syphilis pa­ mation specifically required for a State tients brought to treatment in the pri­ Prom 20 percent to 40 percent, on the basis plan is distinguished with respect to each mary or secondary stages during the of population weighted by financial need. purpose. previous year; Prom 5 percent to 10 percent, on the basis (b) Plans of cooperating agencies for (4) The varying costs of providing of the extent of the mental health problem. heart disease control programs, in lieu equal services as determined by the in- (e) Heart disease. Of the amount of State plans, shall be submitted Q«ri ei.£unction of ^ e syphilitic density, available for allotment for heart disease through the State health authority. «na the direct function of the size of control programs: (c) Plans shall be prepared in accord­ the population of each State; (1) A portion on the basis of a uni­ ance with'officiai forms supplied by the (5) The need for training centers and form per capita allotment not to exceed public Health Service and may be demonstrations in selected areas; ■ 10 cents per capita for the first 100,000 amended with the approval of the Sur­ The need for facilities for the pre- population or part thereof of each State; geon General or his designee. , nti°n and control of venereal diseases (2) The remaining anlount on the § 51.6 Plans; contents, (a) A plan localities where there is an unusual basis of the remaining population of each with respect to any program shall concentration of population.' State weighted by financial need. include: 424 RULES AND REGULATIONS § 51.9 Required expenditure of State (1) A description of the organization upon recommendation by the State and local funds; funds of cooperating and proposals for conducting, extending, health authority when (1) the State agencies, (a) Moneys paid to any State improving, and otherwise modifying health authority has not prior to Au­ or to a cooperating agency pursuant to health services to carry out in an ac­ gust 1 of the fiscal year for which allot­ section 314 of the act shall be paid upon ceptable manner the purposes for which ment is made, presented and had approved a plan, or (2) the State is not the condition that there be expended in' grants are made available; the State during the fiscal year for which (2) A budget for carrying out the authorized by law to make payments payment is made and for purposes speci­ services described under subparagraph to a cooperating agency. Funds for heart disease control paid to a cooper­ fied in the plan with respect to which (1) of this paragraph; payment is made, public funds of the (3) A statement that the plan if ap­ ating agency and remaining unobligated State and its political subdivision (or, in proved will be carried out as described at the termination of the plan for any fiscal year shall be returned to the Treas­ the case of payments to a cooperating and in accordance with this part. agency having an approved heart disease (b) Effective for the fiscal year 1954; ury of the United States, unless plans for continued cooperation with such control plan, funds of the cooperating and for each subsequent fiscal year, the agency) in amounts which shall be ex­ State health department shall, with re­ agency are submitted and approved for clusive of any funds derived from loan or spect to its total annual expenditures the succeeding fiscal year. (d) Subject to the foregoing limita­ grant from the United States and which of Federal and required matching funds shall equal, separately for venereal dis­ for its venereal disease, tuberculosis, tions, payments shall be made as follows: ease control, tuberculosis control, mental heart, cancer, and mental health pro­ (1 ) P ay m en t fo r the first qu arter sh all health, general health, and heart dis­ grams, provide in its State plan for the be based upon an application for funds ease, 50 percent of the Federal grant allocation of such expenditures to such Showing the estimated requirement for funds expended pursuant to the plan. programs in accordance with eithei of such quarter. (b) Moneys paid to any State for a the following procedures: (2) Except for payment to a cooperat­ (1) On the basis of objective criteria ing agency, payment for the second cancer control program shall be paid set forth in the State plan, allocate to quarter shall be the amount of the dif­ upon the condition that there be ex­ such programs a portion of “supporting ference between the unpaid balance of pended in the State, during such fiscal expenditures” which, together with any the allotment of the respective State year and for purposes specified in the “ specialized expenditures” identified for for the first six months and the unen­ State plan, public funds of the State such program, will at least equal the cumbered cash balance of the respective and its political subdivisions (excluding total annual expenditures of Federal fund in the State treasury at the begin­ any funds derived by loan or grant from and required matching funds; ning of the first quarter. With respect the United States) and contributions (2) Identify as “specialized” expendi­ to payment to a cooperating agency from made available by voluntary agencies for tures for such programs an amount equal the State’s allotment, payment in the carrying out the State plan in an amount to 80 percent or more of the total an­ second quarter shall be based on the re­ equal to 50 percent of the amount of nual expenditures of * Federal and re­ quirements for such quarter and for the Federal grant funds to be expended pur­ quired matching funds for those estimated unobligated balances at the suant to the State plan. programs, provided the remaining 20 beginning of the quarter as shown in an (c) The expenditures required for any percent or less of such total expenditures application for funds. one of the above programs mentioned in were for purposes within the scope of (3) Payment for subsequent quarters paragraph (a) or (b) of this section shall 1 the applicable approved State plan. from the allotments for the final six- be additional to the expenditures re­ quired for other programs. § 51.7 Plans; time of submittal arid ■ month period shall be made once in each approval, (a) A plan shall be submitted, quarter and shall be based upon an ap­ I 51.10 Expenditure of Federal grant- as provided in §§ 51.5 ahd 51.6, prior to plication for funds showing the esti­ funds. (a) Federal grant funds paid to the beginning of the period to which it mated requirement for such quarter and a State or to a cooperating agency shall relates: Provided, That exceptions to the estimated unencumbered balance of be expended solely for the purposes spec­ this section may be made by the Surgeon the respective fund in the State treasury ified in plans approved by the Surgeon General or his designee when necessary (or with respect to the heart disease Général or his designee, and in accord­ to meet emergencies. control program, in the treasury of the ance with the regulations in this part. (b) The budget for health services cooperating agency) at the beginning (b) Except as otherwise authorized by shall not be approved unless each item of the quarter for which payment is to the Surgeon General, the provisions of thereof relates to activities described in be made. All such payments shall be in State or local law which are applicable the plan. the amount of the difference between the to the expenditure of moneys appro­ (c) A plan for a heart disease con­ estimated requirement and the esti­ priated by the State or local subdivision trol program submitted by a cooperating mated unencumbered cash balance, ex­ shall apply respectively to Federal agency as provided in § 51.5 shall not be cept that for payments for cancer con­ moneys paid to the State or to a polit­ approved unless recommended by the trol the amount paid for either the third ical subdivision of the State as a coop­ State health authority. or the fourth quarter, together with the erating agency. estimated unencumbered balance of Fed­ (c ) All encumbrances of Federal grant § 51.8 Payments to States; to cooper- eral grant funds in the State treasury funds shall be liquidated within two - ating agencies, (a) Payments from al­ at the beginning of the quarter, shall years after the end of the fiscal year in lotments to a State shall be certified to not exceed 35 percent of the total which the encumbrance was incurred the Secretary of th£ Treasury only after amount available to the State for the unless otherwise authorized by the Sur­ a, plan has been approved. Payments year. geon General or other officials to whom from allotments to a State shall not (4) For cancer control any amount in he has delegated authority to approve exceed the allotment to such State or excess of 35 percent of the total allot­ plans. The amount of encumbrances not the total estimated expenditure neces­ ment to a State remaining unpaid after so liquidated, adjusted by such amounts sary for carrying out the plan which­ the third quarter payment, and any un­ as otherwise authorized, will be treated ever is less. paid balance in the allotment of a State for the purpose of determining payments, ! (b) Payments from a State allotment remaining unpaid after the final pay­ under the regulations in this part as for venereal disease control shall be re­ ment to a State, shall be available for duced by the amount such State requests constituting a part of the unencumbered special project grants. cash balance at the end of the second the Public Health Service to utilize in (5) Payments from allotments shall furnishing equipment, services, and sup­ not be certified unless an application for succeeding fiscal year. plies for special venereal disease ac­ payment and all required reports and § 51.11 Use oj Federal grant funds for tivities. . • • documents have been received. training. Use of Federal grant funds for (c) All payments shall be made to the training personnel for State and local • State, except, with respect to the heart (6) Supplemental payment in any disease control program, amounts from quarter may be certified upoh submission health work shall be authorized by the the State’s allotment may be certified of application accompanied by satisfac­ State health authority or by a coopera­ for payment to a cooperating agency tory justification. tive agency in accordance with the mini' ! Tuesday, J a n u a ry 20, 1953 FEDERAL REGISTER 425

mum standards for sponsored training § 51.13 Fiscal accounting and control. be made after prior consultation with issued by the Public Health Service. The State and local public health agen­ the State health authority or the coop­ Records of authorized training shall be cies and cooperating agencies receiving erating agency. Records, documents, maintained by the State health author­ Federal grant funds under the regula- and information available to the State ity or cooperating agency and shall be tiohs in this part shall establish and health authority or cooperating agency audited for compliance with these maintain efficient methods for conduct­ pertinent to the audit shall be accessible standards. ing fiscal affairs (including financial and for purposes of audit. § 51.12 Personnel administration on a property controls). Each State agency merit basis. A system of personnel ad­ and cooperating agency shall maintain These amendments shall be effective ministration on a merit' basis shall be a separate and distinct fund account for upon publication in the F ederal R e g is ­ established and maintained for person­ each Public Health Service grant. ter. nel employed in programs, the budgets § 51.14 Reports; State health author­ Dated: January 12, 1953. of which provide for the expenditures of ity; cooperating agencies. State health Federal grant funds or of State or local authorities and cooperating ^agencies [ s e a l ] L eonard A. S c h e e l e , funds for matching purpojses included in shall make such reports pertinent to the Surgeon General. the plan of the State health authority. operation of their plans and to the pur­ Approved: Standards for evaluating compliance poses for,, which grants are made avail­ R u f u s E. M il e s , Jr., with this requirement shall be contained able as may be required by the Surgeon Acting Federal Security in the merit-system standards of the General or his disignee. Administrator. Public Health Service in effect at the § 51.15 Audit. Audit of the activities [F. R. Doc. 53-626; Filed, Jan. 19, 1953; time of the expenditure. and programs described in the plan may 8:46 a. m.]

PROPOSED RULE MAKING

DEPARTMENT OF AGRICULTURE material, disease, insects or mechanical (f) Definitions. Cl) “ Similar varie­ or other means. tal characteristics” means that the col­ Production and Marketing (i) In order to allow for variations lard greens or broccoli greens shall be of Administration incident to proper grading and handling, the same general color and character of not more than a total of 10 percent, by t 7 CFR Part 51 1 growth. No mixture of varieties or weight, of the units in any lot, may fail types shall be permitted which materi­ U. S. Standards for C ollard G r e e n s or to meet the requirements of the grade: ally affects the appearance of the lot. B r o c c o li G r eens Provided, That not more than one-half (2) “Fresh” means that the greens are of this amount, or 5 percent, shall be NOTICE OF PROPOSED RULE MAKING not more than slightly wilted. allowed for serious damage by any cause, (3) “Fairly tender” means that the Notice is hereby given that the United and including-therein not more than 2 greens are not tough, or excessively States Department of Agriculture is con­ percent for decay. (See basis for calcu­ fibrous. sidering the issuance of United States lating percentages.) (4) “Fairly clean” means that the ap­ Standards for Collard Greens or Broc­ (c) Unclassified. Unclassified consists pearance of the greens is not materially coli Greens under the authority con­ of collard greens or broccoli greens which affected by the presence of dirt, dust, or tained in the .Agricultural Marketing Act have not been classified in accordance other foreign material. of 1946 (60 Stat. 1087; 7 U. S. C. 1621 et with the foregoing grade. The. term (5) “Well trimmed”, as applied to seq.) and the Department of Agriculture “ unclassified” is not a grade within the plants, means that the main stem shall Appropriation Act, 1953 (Pub. Law 451, meaning of these standards but is pro­ not extend more than one inch below the 82d Cong., approved July 5, 1952). vided as a designation to show that no point of attachment of the first leaf. All persons who desire to submit writ­ definite grade has been applied to the (6) “Damage” means any defect ten data, views or arguments for consid­ lot. which materially affects the appearance, eration in connection with the proposed (d) Application of tolerances. (1) or the edible or shipping quality of the standards should file the same with E. É. The contents of individual containers in individual unit, or the lot as a whole. Conklin, Chief, Fresh Products Stand­ the lot, based on sample inspection, are Any one of the following defects, or any ardization and Inspection Division, Fruit subject to the following limitations: combination of defects, the seriousness and Vegetable Branch, Production and Provided, That the averages for the en­ of which exceeds the maximum allowed Marketing Administration, United States tire lot are within the tolerances speci­ for any one defect, shall be considered Department of Agriculture, South Build-' fied: as damage: . mg, Washington 25, D. C., not later than (i) When a tolerance is 10 percent or (i) Coarse stalks or seedstems when 5:30 p. m., e. s. t., on the thirtieth (30) more, individual containers in any lot they are woody and tough and more than day after the date of publication of this shall have not more than one and one- 3V2 inches in length, or when they are notice in the F ederal R eg ister . half times the tolerance specified. fairly tender or tender and are more The proposed standards are as follows : (ii) When a tolerance is less than 10 than one-third the length of the entire § 51.169 Standards for collard greens percent, individual containers in any lot plant. The length of the plant shall be or broccoli greens— (a,) General. (1) shall have not more than double the tol- measured from the base of the main These standards are applicable to collard erance specified: Provided, That at least stem to the tip of the leaf extending the greens or broccoli greens, or mixtures of one specimen which does not meet the greatest distance from the base of the the two which may consist of leaves, or requirements may be permitted in any main stem; Parts of leaves, plants or mixtures of container. (ii) Discoloration when the appear­ leaves and plants. (e) Basis for calculating percentages. ance of the unit is materially affected by (b) Grades— (1) U .S .N o .l. U. S. No. (1) Percentages shall be calculated on discoloration; and, 1 consists of collard greens or broccoli the basis of weight or an equivalent (iii) Mechanical damage when the unit greens of similar varietal characteristics basis. In sorting or grading the sample, is badly crushed, torn, or broken. which are fresh, fairly tender, fairly the unit shall be the plant, the leaf, or a * (7) “ Serious damage” means any de­ clean, well trimmed, and of character­ portion of the leaf or plant exactly as it fect which seriously affects the appear­ istic color for the variety or type; whicht occurs in the sample. A plant or por­ ance, or the edible or shipping quality are free from decay and free from dam­ tion of plant shall not be broken to re­ of the individual unit, or the lot as a age caused by coarse stalks and seed- move the defective portion, but shall be whole. Any one of the following defects, stems, discoloration, freezing, foreign considered as a unit. or any combination of defects, the seri- 426 PROPOSED RULE MAKING distribution of assets to the Attorney ousness of which exceeds the maximum Done at Washington, D. C., this 15th allowed for any one defect, shall be con­ day of January 1953. General of the United States as a holder of all the issued and outstanding stock sidered as serious damage: [ s e a l] G eorge A . D ic e , of the corporation; and (i) Insects when the unit is noticeably Deputy Assistant Administrator, infested, or when it is seriously damaged It is hereby further ordered, That Production and Marketing nothing herein set forth shall be con­ by them; Administration. (ii) Discoloration when the unit is strued as prejudicing the rights, under badly discolored; and, [F. R. DoC. 53-662; FUed, Jan. 19, 1953; the Trading With the Enemy Act, as (iii) Decay. 8:52 a. m.] amended, of Any person who may have a claim against the corporation to file such claim with the Attorney General of the United States against any funds or property received by the Attorney General of the United States hereunder: NOTICES Provided, however, That nothing herein contained shall be construed as creat­ was undertaken by the Alien Property ing additional rights in such person: DEPARTMENT OF COMMERCE Custodian by Supervisory Order 75, to Provided further, That any such claim against the corporation shall be filed Federal Maritime Board the extent deemed necessary or advis­ able from time to time; and with or presented to the Attorney Gen­ A m e r ic a n P r e s id e n t L in e s , L t d ., e t a l . Whereas, by Executive Order 9788 (3 eral of the United States within the time and in the form and manner pre­ NOTICE OF CANCELLATION OF AGREEMENT CFR 1946 Supp.), all property or inter­ ests vested in the Alien Property Cus­ scribed for such claims by the Trading Notice is hereby given that the Board todian, and all authority, rights, privi­ With the Enemy Act, as amended, and by order dated December 31, 1952, ap­ leges, powers, duties, and functions applicable regulations and orders issued proved the cancellation of the following vested in or delegated to the Alien Prop­ pursuant thereto; And it is hereby fur- described agreement pursuant to section erty Custodian, were vested in or trans­ ther ordered, That all actions taken and 15 of the Shipping Act, 1916, as amended. ferred or delegated to the Attorney acts done by the said officers and direc­ (1) Agreement No. 2079 between General of the United States, tors of the corporation, pursuant to this American President Lines, Ltd., States Now, therefore, under the authority Order and the directions contained Steamship Company and Canadian Pa­ aforesaid, after investigation: herein shall be deemed to have been cific Steamships Ltd., members of the 1. It having been determined that it is taken and done in reliance on and pur­ Trans-Pacific Freight Bureau (Hong in the national interest of the United suant to section 5 (b) (2) of the Trad­ Kong) provided for a divisional arrange­ States that the corporation be dissolved ing With the Enemy Act, as amended’ ment with local lines operating from and that its assets be distributed, and a (59 U. S. C. App. 5), and the acquittance Colombo, Ceylon, to Hong Kong, of Certificate of Dissolution having been and exculpation provided therein. through rates from Colombo, Ceylon, to issued by the Secretary of State of the Executed at Washington, D. C;, on U. S. Pacific Coast ports. State of New York on June 25,1952, cer­ January 13, 1953. Interested parties may obtain a copy tifying to the dissolution of the corpo­ of this agreement at the Regulation ration; For the Attorney General. Office, Federal Maritime Board, Wash­ 2. It is hereby found that the known [ s e a l ] R o w l a n d F. K ir k s , ington, D. C. assets of the corporation consist of cash Assistant Attorney General, Dated: January 15,1953. in the sum of $1,362.56; and Director, Office of Alien Property. 3. It is hereby found that the indebt­ By order of the Federal Maritime ednesses appearing on the books of the [F. R. Doc. 53-656; Filed, Jan. 19, 1953; Board. corporation which were vested and 8:51 a. m.] [ s e a l ] A. J. W il l ia m s , transferred as aforesaid are in the total Secretary. sum of $23,014.03 ; and DEPARTMENT OF THE INTERIOR It is hereby ordered, That the officers [P. R. Doc. 53-664; Filed, Jan. 19, 1953; and directors of the corporation (to wit: Office of the Secretary 8:52 a. m.] Robert Kramer, President and Director ; Lewis M. Reed, Secretary and Director; U in t a h a n d O u r a y R e s e r v a t io n ; Utah DEPARTMENT OF JUSTICE and Angelo Dispenzere, Treasurer and REVOCATION IN PART OF ORDERS WITHDRAW­ Director, and their successors, or any of ING OPENED INDIAN RESERVATION LANDS Office of Alien Property them) continue the proceedings for the FOR RECLAMATION PURPOSES dissolution and liquidation of the cor­ [Dissolution Order 99] poration, And it is hereby further By virtue of the authority vested in the Secretary of the Interior by section C o llecto r s G a lle r ie s , I n c . ordered, That the said officers and direc­ 3 of the act of June 17,1902 (32 Stat. 388, In re: Collectors Galleries, Inc. tors wind up the affairs of the corpora­ tion and distribute the assets thereof 43 U. S. C., 1946 ed., sec. 416), and pur­ Whereas, under the authority of the suant to sections 3 and 7 of the act of Trading With the Enemy Act, as coming into their possession as follows: 1. They shall first pay the current ex­ June 18, 1934 (48 Stat. 984, 25 U. S. C, amended (50 U. S. C. App. 1 et seq.) and 1946 ed., secs. 463, 467), departmental Executive Order 9193 (3 CFR 1943 Cum. penses and necessary charges in effecting the dissolution of the corporation and orders of July 28, 1916, October 18,1918, Supp.), 1,000 shares of no par value and September 20, 1920, temporarily the winding up of its affairs; capital stock, being 100 percent of the withdrawing certain lands for reclama­ 2. They shall then pay all Fédéral, outstanding stock, of Collectors Gal­ tion purposes, are hereby revoked in so leries, Inc., a New York corporation State and local taxes and fees owed by far as they affect unallotted lands or or accruing against the corporation; and (hereinafter, “corporation” ) , were vested mineral interests therein which were in the Alien Property Custodian by Vest­ 3. They shall then pay over, transfer, formerly a part of the Uintah and Ouray ing Order 341 (8 F. R. 1293, January 29, assign and deliver to the Attorney Gen­ Reservation in Utah, and which were 1943); and eral of the United States all of the funds withdrawn by the orders identified above Whereas, under the authority afore­ and property including after discovered after the lands had been opened to dis­ assets, remaining in their hands after said, all indebtednesses appearing on position under the public land laws for the payments as provided in 1 and 2, the the books of the corporation as owing to the benefit of the Indians, pursuant to Delfino Cinelli were also vested in the same to be applied first, in satisfaction the act of May 27, 1902 (32 Stat. 263), Alien Property Custodian by said Vest­ of the above described vested debt, sec­ ing Order 341; and ond in satisfaction of such claim, if any, as amended. Whereas, under the authority afore­ as he may have for moneys advanced or The lands and mineral interests which said, the direction, management, super­ services rendered to or on behalf of the are the subject of this order are dc* vision, and control of the corporation corporation, and third, as a liquidating scribed as follows, to wit:

V Tuesday, J a n u a ry 20, 1953 FEDERAL REGISTER 427

Undisposed op Opened L ands R eserved Minerals Underlying Patented T. 3 S. E. 5 W .: Acres L ands— Continued DEPARTMENT OF LABOR Sec. 21, Ni/aSWi/4, S W % S W % ____ 120. 00 T. 4 S. R. 8 W ,; Acres Wage and Hour Division Sec. 31, SE% SE}4______40. 00 Sec. 14, S % ------320.00 Sec. 32, ------'------160.00 Sec. 24, Ey2NE %, S W ^ N E ^ , L earner E m p l o y m e n t C ertificates T. 4 S. R. 5 W .: sy2Nwy4 ______200.00 Sec. 4, Lots 1-4 Incl., 319.20 T. 3 S. R. 9 W.: ISSUANCE TO VARIOUS INDUSTRIES Sec. 5, Lots 1-4 Incl., S%N>4_— 318.80 3CC* 23 l Notice is hereby given that pursuant Sec. 6, Lots 1, 2, 3, and 5, SE% S W & S W ^ ------______40.00 to section 14 of the Fair Labor Standards N W £ , S % N E % ______277.37 NE 1 4 ------160.00 Sec. 7, Lots 1-4 Incl., Ey2wy2, SE 14SW 1A, Sy2SE% __...... 120. 00 Act of 1938, aa amended (52 Stat. 1068, E y2— ------_L------635.64 Sec. 24, S W ^ S E ^ , Sy2SW% ____ 120. 00 as amended; 29 U. S. C. and Sup. 214), Sec. 8, All------i 640.00 Sec. 25, Ey2SEy4, N w y4SEy4, and Part 522 of the regulations issued Sec. 9, All—■—.------640.00Ny2sw y 4...... 200.00 thereunder (29 CFR Part 522), special Sec. 10, A ll______640. 00 Sec. 26: • certificates authorizing the employment T. 3 S. R. 6 W .: Ny2sy , __— ------.____ 160.00 of learners at hourly wage rates lower Sec. 36, All— ______640,. 00 Ny2Nwy4 ...... so. 00 T. 4 S. R. 6 W .: than the minimum wage rates applicable Sec. 1, Lots 3 and 4, SV£______400.24 SeN%NE y4...... 80.00 under section 6 of the act have been Sec. 2, Sy2------320.00 Ny2SE^, NE^SWy4r______120.00 issued to the firms listed below. The Sec. 3, Lots 1-4 Incl., SW ^N E ^, employment of learners under these cer­ Si/2N W i4— ------280.56 Total-.------6, 950.14 tificates is limited to the terms and con­ Tv3 S. R. 9 W. : ditions therein contained and is subject Sec. 27, SW % N W % , N W ^ S W ^ . 80. 00 The revocation of the prior orders to the provisions of Part 522. The ef­ T. 5 S. R. 3 E.: places the lands and mineral interests fective and expiration dates, occupa­ Sec. 5, Lot 4______31.94 described above in the category of un- tions, wage rates, number of proportion Sec. 6, Lot 1 and 2, sy2N E ^ , disposed-of opened lands of the Uintah of learners, and learning period for cer­ N% SE% ------240.40 and Ouray Reservation, and by virtue tificates issued under the general learner Sec. 7, Lots 5, 9, 10, and 11______145. 94 of the order of the Secretary of the In­ Sec. 8, Lots 2, 3, and 4______96. 30 regulations (§§ 522.1 to 522.14) are as terior dated August 25, 1945 (10 F. R. indicated below; conditions provided in 12409), such lands and mineral interests Total------____...... 6, 026. 39 certificates issued under, special industry are restored to tribal ownership for the regulations are as established in these Reserved Minerals Underlying Patented use and benefit of the Ute Indian Tribe regulations. L ands of the Uintah and Ouray Indian Reser­ Single Pants, Shirts and Allied Gar­ T. 3 S. R. 5 W .: vation in Utah, and are added to and ments, Women’s Apparel, Sportswear Sec. 28! A.cres made a part of the existing reservation. SE&NW 1 4 ...... 40.00 and Other Odd Outerwear, Rainwear, E % sw y4, SE14...... 240.00 O scar L. C h a p m a n , Robes and Leather and Sheep-Lined SW 14SW 14...... 40.00 Secretary of the Interior. Garments Divisions of the Apparel In ­ Sec. 29: J a n u a r y 14, 1953. dustry Learner Regulations (29 CFR SE%SW3 4 ...... 40.00 522.160 to 522.166, as amended December Ni/2------320.00 [F. R. Doc. 53-622; Filed, Jan. 19, 1953; 31, 1951; 16 F. R. 12043, and June 2, 8:45 a. m.] n % swi/4, swi/4s w y 4, n w i /4 1^52; 17 F. R. 3818). S E ^ _ ------_ 160. 00 Sec. 30: ' Barad Lingerie Co., 1021 Washington Ave­ E^NWi/*; Lots 1, 2______312.16 [Order 2713] nue, St. Louis, Mo., effective 1-9—53 to 1-8-54; five learners (ladies’ underwear). Lots 3, 4, B # S W % , SE% ______312. 32 Sec. 31: H eads o f B u r e a u s an d O f fic e s Brookfield Manufacturing Co., 145 West Pine Street, Warrensburg, Mo., effective Lot 3_------36. 82 DELEGATION OF AUTHORITY WITH RESPECT Lots 1, 2, N 1/2NE 14, SWJ4NE%, . 1—7-53 to 1-6-54; 10 learners (cotton one- TO NEGOTIATION OF CONTRACTS WITH piece suits, work pants, work shirts, cotton Ey2NWi4 ------272. 90 shop coats). Sec. 32: EDUCATIONAL INSTITUTIONS Chetopa Manufacturing Co., Inc., Chetopa, NEy4NWy4 ...... 40.00 S e c t io n 1. Heads of "bureaus. The Kans., effective 1-16-53 to 1-15-54; 10 learn­ SE % NE ...... 40. 00 authority delegated to the Secretary of ers (men’s work clothing). , NW y4NW ^ ______• 40. 00 the Interior for the negotiation, without Ny2SEi4 ...... " Don Juan Manufacturing Co., Hertford, 80. 00 advertising, pursuant to section 302 (c) N. C., effective 1-12-53 to 1-11-54; 10 learn­ Sec. 33: ers (m en’s and boys’ shirts). sy2______(5) of the Federal Property and Admin­ 320.00 istrative Services Act of 1949, as amended Elk Brand Shirt & Overall Co., Hopkins­ NE14, Ey2N w y4, S W 14NW 14-, 280. 00 ville, Ky., effective 1-12-53 to 1- 11- 54; 10 Nwy4Nw y4 ...... , 40.00 (41 U. S. C., 1946 ed., Sup. V, sec. 252), learners (overalls, work shirts, and pants). T. 3 S. R. 6 W .: of contracts for services to be rendered M. Fine & Sons Manufacturing Co., Inc., Sec. 25: by any university, college, or other edu­ New Albany, Ind., effective 1-23-53 to NE14___ 160.00 cational institution; in connection with 1-22-54; 10 percent of the productive factory sy2------IIIIIIIIIIII”! 320. 00 programs and activities of this Depart­ force (cotton work shirts and jackets). T- 4 S. R. 6 W. : ment, is redelegated, severally, to the M. Fine & Sons Manufacturing Co., Inc., Sec. 1, SE 14 NE 14______40.00 heads of the bureaus and offices. Jeffersonville, Ind., effective 1-23-53 to Sec. 2, Lots 1, 2, and 3 _ ” 120. 61 1-22-54; 10 percent of the productive factory Sec. 3, Ny2sw y4 ______80. 00 S ec. 2. Redelegation. The head of any force (cotton work trousers). Sec. 4, Ny2SEy4 ____ Cl____ 80. 00 bureau or office may, in writing, redele­ The Fitz Overall Co., Atchison, Kans., ef­ sec. io, sy2Nw y4______80. 00 gate this authority to subordinate of­ fective 1-9-53 to 1—8—54; five learners (over­ Sec. 10, Lots 1, 2, NÎ4NW Î4___ alls, jackets, etc.). 69. 21 ficials and employees. Each such redele­ T.4 S. R. 7 w .: Acres G. K. W. Co., Duluth, Ga., effective 1-7-53 gation shall be published in the F ederal Sec. 17; to 7-6-53; 12 learners for expansion purposes R eg ister . sy2sy2______160.00 (children’s garments). NEy4sEy4, sEy4NEy4______80. 00 S e c . 3. Limitations. This authority Hanover Shirt Co., Inc., Ashland, Va., ef­ fective 1—27—53 to 1—26—54; 10 percent of the Ny2Ny2, sw y 4NEi/4 , s e ^ n w ^ . 240. 00 shall be exercised in accordance with the Sec. 18, Lot. 3, N E ^SW ^, S E ^ _. productive factory force (cotton and flannel 237. 82 applicable limitations in the Federal shirts). See. 19, NEi/4, E>/2NWy4, Lots I Property and Administrative Services and 2______Harvin Manufacturing Co., 6 Wawayanda 316. 50 Act of 1949, as amended, and in accord­ Avenue, Middletown, N. Y., effective 1-12-53 T* 3 S. R. 8 W .; ance with applicable policies, procedures Sec. 30: to 1-11-54; five learners (boys’ sport shirts). and controls prescribed by the General Joseph Horowitz & Sons, Inc., 43 Liberty Lot 1, Ey2NWy4______117.84 Services Administration. (17 F. R. 8199.) Street, Batavia, N. Y., effective 1- 9-53 to Lot 2______37. 91 1-8-54; 10 percent of the productive factory sy2NBy4 ::::::::::::::::::::: 80.00 V e r n o n D. N o r t h r o p , force (cotton work shirts). SE^, Ey2SWi4, Lots 3 and 4___ 316.05 Acting Secretary of the Interior. Hunter Brothers Co., Inc., P. O. Box 822, T'4 S ,R . 8 W .: J a n u a r y 13, 1953. Statesville, N. C., effective 1-21-53 to 1-20-54; Sec. 13, Ey2SEi4 , N W 14 SE 14. five learners to be employed in the manu­ [F, R. Doe. 53-623; Filed, Jan. 19, 1953; Ny2sw y4______facture of pajamas and shirts only (pajamas 200.00 8:45 a. m.j and shirts). 428 NOTICES

!■ & H Shirt Co., Cochran, Ga., effective Virginia Maid Hosiery Mills, Inc., Pulaski, Each certificate has been issued upon 1—5-63 to 1-4-54; 10 percent of the produc­ Va., effective 1-25-53 to 1-24^54; 5 percent the employer’s representation that em­ tive factory force (dress and sport shirts). of the productive factory force. ployment of learners at subminimum The H. D. Lee Co., Inc., 600 East State Knitted Wear Industry Learner Regu­ rates is necessary in order to prevent Street, Trenton, N. J., effective 1-9-53 to curtailment of opportunities for employ­ 1- 8- 54; io percent of the productive factory lations (29 CFR 522.68 to 522.79, as amended January 21, 1952; 16 F. R. ment, and that experienced workers for force (men’s work clothing). the learner occupations are not avail­ McKenzie Pajama Corp., McKenzie, Tenn., 12866). effective 1-6-53 to 1-5-54; 10 percent of the able. The certificates may be cancelled Ainsbrooke Co., Inc., Olney, 111., effective in the manner provided in the regula­ productive factory force (pajamas). 1- 9-53 to 1-8-54; five learners (men’s woven The Newton Co., Newton, Miss., effective tions and is indicated in the certificates. shorts). 1_ 7_53 to 7-6-53; 35 learners for expansion Hunter Bros. Co., Inc., P. O. Box 822, States- A n y person aggrieved by the issuance of purposes (ladies’ slacks, work pants, men’s ville, N. C., effective 1-21-53 to 1-20-54; five any of these certificates may seek a re­ slacks). learners to be employed in the manufacture view or reconsideration thereof within P. & M. Dress Shop, 344 Main Street, of woven underwear only (woven cotton fifteen days after publication of this Turkey Run, Shenandoah, Pa., effective shorts and union suits). e d e r a l e g is t e r 1-8-53 to 1-7-54; 10 learners (ladies’ notice in the F R pursuant Rockwood Undergarment Co., Inc., Hynd- to the provisions of Part 522. dresses). man Division, Hyndman, Pa., effective 1—7—53 Reliance Manufacturing Co., “Plantation” to 7- 6- 53; 40 learners for expansion purposes Signed at Washington, D. C., this 12th Factory, Montgomery, Ala., effective 1-7-53 (ladies’ undergarments). to 1-6-54; 10 percent of the productive fac­ day of January 1953. * tory force (dungarees). Shoe Industry Learner Regulations (29 M i l t o n B r o o k e , The Roswell Co., Roswell, Ga., effective CFR 522.250 to 522.260, as amended Authorized Representative 1_ 14_53 to 1-13-54; 10 percent of the produc­ of the Administrator. tive factory force (men’s work pants). March 17, 1952; 17 F. R. 1500). Rufifo-Conte, 128 North Ninth Street, Crown Shoe Manufacturing Co., 124 North [F. R. Doc. 53-659; Filed, Jan. 19, 1953; Philadelphia, Pa., effective 1-12-53 to Main, Palmyra, Mo., effective 1-5-53 to 8:51 a. m.] 1- 11- 54; four learners (children’s outer- 1- 4- 54; io percent of the productive factory garments). force. " n San Sue Frocks, 200 East Noble Street, H. Jacob & Sons, Inc., Maple and Commerce CIVIL AERONAUTICS BOARD Nanticoke, Pa., effective 1—12—53 to 1—11—54; Streets, Hanover, Pa., effective 1-7-53 to 10 learners (ladies’ dresses). 1—6—54; 10 percent of the productive factory [Docket No. 5199 et al.] Seminole Manufacturing Co., Columbus, force. Miss., effective 1-6-53 to 4r-5-53; 75 learners Skippy Footwear Corp., Wayne and Madison S o u t h e r n A i r w a y s , I n c .; S o u t h e r n (supplemental certificate) (trousers). Avenues, West Hazleton, Pa., effective 1—7—53 C e r t i f ic a t e R e n e w a l C a s e Sherri Dress, Inc., 314 Main Avenue, Haw­ to 1-6-54; 10 learners. ley, Pa., effective 1-7-53 to 1-6-54; six learn­ Town & Country Shoes, Inc., Slater, Mo., NOTICE OF ORAL ARGUMENT ers (dresses). effective 1-6-53 to 6-7-53; 50 learners for In the matter of the renewal of the W alhalla Garment Co., Inc., Walhalla, S.-C., expansion purposes. temporary certificate of public conven­ effective 1-6-53 ~to 1-5-54; 10 percent of the productive factory force (women’s cotton Regulations Applicable to the Employ­ ience and necessity for route No. 98 held house dresses and housecoats). ment of Learners (29 CFR 522.1 to by Southern Airways,-Inc., and other ap­ Ben Weisberg & Co., 54-56 North Main 522.14). plications for authority to provide air Street, Carbondale, Pa., effective 1-8-53 to transportation in the states of North Brinkley Pearl Works, Brinkley, Ark., effec­ 1_ 7_ 54; io percent of the productive factory Carolina, South Carolina, Georgia, Ala-, tive 1-9-53 to 6-8-53; five learners; Blank force (children’s cotton dresses). button cutters; 480 hours; 65 cents per hour bama, Mississippi, Louisiana, Tennessee, Hosiery Industry Learner Regulations for the first 320 hours and not less than 70 and Florida. (29 CFR 522.40 to 522.51, as revised No­ cents per hour for the remaining 160 hours Notice is hereby given, pursuant to the vember 19, 1951; 16 P. R. 10733). (button blanks). provisions of the Civil Aeronautics Act Everlasting Corsage, Inc., 102 High Street, of 1938, as amended, that o r a l argument Acme Hosiery Dye Works, Inc., Pulaski, Va., Pawtucket, R. I., effective 1-9-53 to 7-8-53; in the above-entitled proceeding is as­ effective 1-25-53 to 1-24-54; 5 percent of the five learners; Flower maker (including slip­ signed to be held on February 12,1953, at productive factory force. ping-up, beading, tying, pasting, rosemaking, 10:00 a. m., e. s. t., in Room 5042, Com­ Adams-Millis Corp., Tryon, N. C., effective branching, and stemming); 160 hours at 65 1-25-53 to 1-24-54; 5 percent of the produc­ cents per hour (artificial flowers). merce Building, Constitution Avenue, tive factory force. Haspel Brothers, Inc., 2527 St. Bernard Ave­ between Fourteenth and Fifteenth Adams-Millis Corp., 400 English Street, nue, New Orleans, La., effective 1-8-53 to Streets NW., Washington, D. C., before Grimes Street, Gaylord Street, High Point, 1_ 7_ 54; 7 percent of the productive factory the Board. N. C., effective 1-25-53 to 1-24-54; 5 percent force; machine operators (except cutters), of the productive factory force. pressers, handsewers; each 480 hours; 65 Dated at Washington, D. C., January Athens Hosiery Mills, Inc., Tellico Avenue, cents per hour for the first 240 hours and 15, 1953. Athens, Tenn., effective 1-25-53 to 1-24-54; not less than 70 cents per hour for the re­ [ s e a l ] F r a n c is W. B r o w n , 5 percent of the productive factory force. maining 240 hours (men’s and boys’ summer Chief Examiner. Baker-Cammack Hosiery Mills, Inc., B ur­ clothing). * lington, N. C., effective 1—25—53 to 1—24—54; Weber Manufacturing Co, Box 4, Bonner [F. R. Doc. 53-660; Filed, Jan. 19, 1953;. percent of the productive factory force. 5 Springs, Kans., effective 1—9—53 to 7—8—53; 8:52 a. m.] Baker-Mebane Hosiery Mills, Inc., Mebane, three learners; sewing machine operators; N. C., effective 1-25-53 to 1-24-54; five learn­ 240 hours at 65 cents per hour (diapers, ers. pinnafores, etc.). Barber Hosiery Mills, Inc., Mount Airy, HOUSING AND HOME FINANCE N. C., effective 1-25-53 to l-24r-54; 5 percent The following special learner certifi­ AGENCY of the productive factory force. cates were issued in the Virgin Islands Durham Hosiery Mills, Plant No. 14, 109 and Puerto Rico to the companies here­ Office of the Administrator South Corcoran Street, Durham, N. C., effec­ inafter named. The effective and ex­ tive 1-25-53 to 1-24-54; 5 percent of the D e f e n s e H o u s i n g P r o g r a m s i n C ritical piration dates, the number of learners, productive factory force. D e f e n s e H o u s i n g A r eas Graysville Hosiery Mill, Inc., 125 East Main the learner occupations, the length of Street, Dayton, Tenn., effective 1-25-53 to the learning period and the learner wage miscellaneous a m e n d m e n t s 1-24-54; 5 percent of the productive factory rates are indicated, respectively. forcé. Appearing below are amendments to Prestige, Inc., King and Quinter Streets, V. I. Jewelry Manufacturing Corp., St. previously published defense housing Pottstown, Pa., effective 1-25-53 to 1-24-54; Thomas, V. I., effective 1-9-53 to 7-8-53; programs, additional new defense hous* 20 learners; soldering, stone setting, lay out; 5 percent of the productive factory force. ing programs, and supplemental housing, Princeton Hosiery Mills, Inc., Washington each 160 hours at 30 cents per hour (costume Street, Princeton, Ky., effective "1-25-53 to jew elry). programs to defense housing program s 1-24-54; 5 percent of the productive factory V ’Soske Corp. of Puerto Rico, Vega Baja, previously published. These amen * force. P. R., effective 1-3-53 to 7-2-53; 20 learners; ments are published herein as amen * machine tufters (machine stitchers); 240 The Vaughn Corp., Spruce Pine, Mitchell ments to Part n (Defense Housing Pt°* County, N. C., effective 1-14-53 to 9—13—53; hours at 30 cents per hour (machine tufting edera 25 learners for expansion purposes. of ru gs). grams) initially published in the F Tuesday, J a n u a ry 20, 1953 FEDERAL REGISTER 429

Register October 27, 1951 (16 P. R. a m e n d m e n t a d d in g n e w d e f e n s e h o u s i n g p r o g r a m s a n d supplemental d e f e n s e 10963). /. - - HOUSING PROGRAMS Applications relating to the construc­ 214. Kansas City, Missouri-Kansas. tion of such defense housing may be filed with the local FHA office serving Needed Defense Housing the particular critical defense housing area in which the proposed defense hous­ Rent Sale ing is located under appropriate regu­ Unit size Total, rent Number of and sale lations of the FHA; and in connection Rental not Number Price not with such housing, the aids authorized units to exceed to exceed by the Defense Housing and Community 1 bedroom______Facilities and Services Act of 1951 (Pub. 2 bedrooms______440 1 $75.00 440 Law 139,82d Cong.) are available. These 3 or more bedrooms. 360 *85.00 360 aids include the more liberal form of Total. 800 Federal Housing Administration mort­ 8800 gage insurance under title IX of the Na­ 1 240 of these units at a rental not to exceed $65.00. tional Housing Act, as amended, and the * 160 of these units at a rental not to exceed $75.00. 3 The housing programmed herein is intended for locations in the portion of the critical defense housing area con­ special benefits provided in title n i of sisting of the Counties of Jackson, Clay and Platte, in the State of Missouri that act in connection with commitments List of Defense Activities by the Federal National Mortgage Asso­ ciation for the purchase of mortgages Bendix Aviation Corporation. covering defense housir^1 programmed Ford Motor Company (Aircraft Division only). by the Housing and Home Finance Ad­ Remington Arms, Incorporated. ministrator. To be eligible for these spe­ Continental Air Defense Command. cial aids all applicable requirements, con­ Westinghouse Electric Corporation. General Motors Corporation (Aircraft employment only). ditions and restrictions imposed by or Central Air Defense Force. pursuant to said title III or title IX of All other military establishments at Grandview Air Base. the National Housing Act, as amended, must be complied with. Information Critical Defense Housing Area concerning such requirements, condi­ All of Jackson, Clay, and Platte Counties, in the State of Missouri; and in the State tions and restrictions may be obtained of Kansas, Kansas City and the Townships of Prairie, Quindaro, Shawnee, and Wyandotte, from thè local FHA and FNMA offices. all in Wyandotte County, the Townships of Aubry, Mission, Oxford, and Shawnee, and ’■ The critical defense housing areas the Cities of Fairway, Leawood, Mission Hills, Mission Woods, Westwood, Westwood Hills, listed in Part II hereof indicate the areas Lenexa', and Shawnee, all in Johnson County. in connection with which defense hous­ 214 (A ). Kansas City, Missouri-Kansas. ing has been programmed. In order to be eligible for the special aids author­ Needed Defense Housing ized, the housing must be located within the designated critical defense housing Rent Sale area. Unit size Total, rent Number Of Rental not Price not, . and sale PART n — DEFENSE HOUSING PROGRAMS units to exceed Number to exceed Amendments to defense housing pro­ grams previously published : 1 bedroom...... , 2 bedrooms...... ______no * $75.00 110 Amendment 1. Area program num­ 3 or more bedrooms______. .... 90 *85.00 •90 bered 27 (Camp Lejeune, North Caro­ Total___ ...... ______200 lina) appearing in the F ederal R eg ister »200 of October 27, 1951 (16 F. R. 10962) is 1 60 of these units at a rental not io exceed $65.00. amended by reducing the number of two- * 40 of these units at a rental not to exceed $75.00, 8 The housing programmed herein is intended for lacations in the portion of the critical defense housing area lying bedroom sale units from 180 to 154 and m the State of Kansas and consisting of Kansas City and the Townships of Prairie, Quindaro, Shawnee, and the number of three or more bedroom Wyandotte, all in Wyandotte County; and the Townships of Aubry, Mission, Oxford, and Shawnee, and the Cities of Fairway, Leawood, Mission Hills, Mission Woods, Westwood, Westwood Hills, Lenexa, and Shawnee, all in sale units from 120 to 77. As amended Johnson County. ,. . area program numbered 27 provides for a L ist of Defense Activities total of 231 sale units as against 300 sale Bendix Aviation Corporation. units in the original program. Ford Motor Company (Aircraft Division only). Amendment 2. Area program num­ Remington Arms, Incorporated. bered 27 (A) (Camp Lejeune, North Car­ Continental Air Defense Command. olina) appearing in the F ederal R eg ister Westinghouse Electric Corporation. of January 24, 1952 (17 F. R. 740) is General Motors Corporation (Aircraft employment only). amended by reducing the number of one- Central Air Defense Force. bedroom rental units from 100 to 45, the All other military establishments at Grandview Air Base. number of two-bedroom rental units Critical Defense Housing Area from 300 to 272, and three-bedroom All of Jackson, Clay, and Platte Counties, in the State of Missouri; and in the State rental units from 100 to 45. As amended of Kansas, Kansas City and the Townships of Prairie, Quindaro, Shawnee, and Wyandotte, area program numbered 27 (A ) provides all in Wyandotte County, the Townships of Aubry, Mission, Oxford, and Shawnee, and the for a total of 362 rental units as against Cities of Fairway, Leawood, Mission Hills, Mission Woods, Westwood, Westwood Hills, 500 rental units in the original program. Lenexa, and Shawnee, all in Johnson County. The footnotes to area program 27 (A ) 215. Glendive-Sidney, Montana. are also amended as follows : Footnote1 Needed Defense Housing (one-bedroom rental units) is changed from 50 units at a rental not to exceed Rent ~ Sale $55.00 to 25 units at a rental not to exceed Unit size Total, rent $55.00; Footnote3 (two-bedroom rental Number of Rental not Price not and sale urdts) is changed from 150 units at a units to exceed Number to exceed rental not to exceed $65.00 to 126 units uot to exceed $65.00; Footnote* (three- 1 becfroom______.... . 2 bedrooms..______...______.... 60 $77.50 25 $11,500 85 bedroom rental units) is changed from 3 or more bedrooms______15 87.50 15 12,500 30 50 units at a rental not to exceed $75.00 Total_____ 75 40 115 25 units not to exceed $75.00. No. 13- 430 NOTICES

L ist op Defense Activities INTERSTATE COMMERCE Explorational drilling, production, refining and pipeline transportation of petroleum, COMMISSION natural gas and their products. Public warehousing, railroad transportation, common and contract carrier trucking, [4th Sec. Application 27712] pipeline transportation, freight forwarding. T a l l o w F r o m F t . W o r th and D allas, Municipal and public health services. T e x ., to G ood H o p e , L a. Public school districts. Public utility districts. APPLICATION FOR RELIEF The Mountain States Telephone and Telegraph Company. January 15, 1953. Montana-Dakota Utilities Company. The Commission is in receipt of the Critical Defense Housing Area above-entitled and numbered application All of Danesa and Richland Counties, and all of Roosevelt County except that portion for relief from the long-and-short-haul lying west of School District No. 9. provision of section 4 (1) of the Inter­ state Commerce Act. 216. Birdsboro, Pennsylvania. Filed by: Lee Douglass, Agent, for Needed Defense Housing carriers parties to his tariff I. C. C. No. 758. Rent Sale Commodities involved: Inedible ani­ mal tallow, in tank-car loads. Unit size and sale * From: Fort Worth and Dallas, Tex. Number of Rental not Number Price not units to exceed to exceed To: Good Hqpe, La., for export. Grounds for relief: Rail competition and port relations. 35 $70.00 15 80.00 15 Schedules filed containing proposed rates: Lee Douglass, Agent, L C. C. No. 50 50 758, Supp. 23. Any interested person desiring the List of Defense Activities Commission to hold a hearing upon such application shall request the Com­ Birdsboro Armorcast Company. mission in writing so to do within 15 Critical Defense Housing Area days from the date of this notice. As Birdsboro Borough in Berks County. provided by the general rules of practice of the Commission, Rule 73, persons 119 (A ). Victoria, Texas. other than applicants should fairly dis­ Needed Defense Housing close their interest, and the position they intend to take at the hearing with respect to the application. Otherwise Rent Sale Total, the Commission, in its discretion, may Unit size rent and proceed to investigate and determine the sale Number Rental not Number Price not oi units to exceed to exceed matters involved in such application without further or formal hearing. If - because of an emergency a grant of tem­ 1 bedroom______2 bedrooms____:— 20 $47.50 porary relief is found to be necessary 3 fft more bedrooms. before the expiration of the 15-day pe­ riod, a hearing, upon a request filed Total. 20 »20 within that period, may be* held subse­ i This quota is in addition to the 100 rental and 100 sales units authorized in Program No. 119 on December 28,1951 quently. L ist of Defense Activities By the Commission.

Poster Air Force Base. [ s e a l ] G eorge W. L aird, Critical Defense Housing Area Acting Secretary. Victoria County. [F. R. Doc. 53-625; Filed, Jan. 19, 1953; 27 (C ). Camp Lejeune, North Carolina. 8:46 a. m.] Needed Defense Housing NATIONAL CAPITAL HOUSING Rent Sale Total, rent AUTHORITY Unit size and sale Number of Rental not Number Price not A p p o i n t m e n t o f A c t in g E x e c u t iv e units to exceed to exceed D irecto r DELEGATION OF RIGHTS, POWERS; DUTIES AND 150 $47.50 25 $8,500 RESPONSIBILITIES 3 or more bedrooms______—- 75 9,000 75 Pursuant to the provisions .of the Dis­ 150 100 * 250 trict of Columbia Alley Dwelling Act oi 1934 (48 Stat. 930), as amended, and oi i This quota is in addition to the 612 units of rental housing and 381 units of sales housing authorized by Programs Executive Order 6868, dated October v. Nos. 27 and 27 (A) as amended, and by Program No. 27 (B) authorized December 28,1951. 1934, the National Capital Housing List of Defense Activities Authority, in regular session on D^ceixj\ Camp Lejeune. ber 29, 1952, appointed James Ring Critical Defense Housing Area the position of Acting Executive TAxecto , perioa Onslow, Carteret, Craven, and Jones Counties. effective January 1, 1953 for a not to exceed six months. . B. T. F itzpatrick^ For the period of such appointmen Acting Housing and Home Finance Administrator, James Ring shall be vested with ali o J a n u a r y 20, 1953. the rights, powers, duties and responsi­ tp. R. Doc. 53-608; Filed, Jan. 19, 1953; 8:46 a. m.] bilities incumbent upon the Executiv Tuesday, J a n u a ry 20, 1953 FEDERAL REGISTER 431

Director as required by law, and which [Pile No. 30-133] holding company and subsidiary of have from time to time been conferred C e n t r a l P u b l ic U t i l i t y C o r p. Community. The plan ultimately ap­ upon the Executive Director by action of proved provided for the dissolution of the Authority. NOTICE OF FILING OF APPLICATION FOR Community, the merger of American and In case of prolonged absence from duty ORDER THAT CONSOLIDATED ELECTRIC AND a subsidiary, and the issuance by the of the Acting Executive Director either GAS COMPANY HAS CEASED TO BE A HOLDING merged company of new common stock COMPANY by reason of absence from the city or by to be allocated to the holders of Amer­ illness the General Counsel shall be the J a n u a r y 14, 1953. ican’s debentures, common stock and Acting Executive Director. Notice is hereby given that Central warrants.1 The plan provided that the In documents signed by the Acting Public Utility Corporation (“CENPUC” ) , payment of fees and expenses in con­ Executive Director the General Counsel a registered holding company, has filed nection therewith be subject to our ap­ shall be the attesting officer and shall an application pursuant to section 5 (d) proval, and our order approving the plan impress the seal of the Authority on such of the act seeking entry of an order reserved jurisdiction over such fees and documents. The Comptroller shall be declaring that its former subsidiary, expenses. the attesting officer in the absence of Consolidated Electric and Gas Company Applications were filed by various per­ the General Counsel or when the latter (“Consolidated”), a registered holding sons and after considering the record we is serving as Acting Executive Director. company, has ceased to be a holding released jurisdiction over the payment T r ac y B . A u g u r , coinpany. of fees and expenses to certain of the Chairman, By order dated June 13,1952, the Com­ applicants.* Hearings on the remaining National Capital Housing Authority. mission, pursuant to section 11 (e) of the applications were held after appropriate act, approved a plan of CENPUC for notice, our Division of Public Utilities January 13, 1953. compliance with section 11 (b) of the (“Division”) filed a statement of views [F. R. Doc. 53-624; Piled, Jan. 19, 1953; act which provided, inter alia, for the to which one applicant hied objections 8:45 a. m.J merger of Consolidated into CENPUC. and a supporting brief, and we heard Said plan was ordered enforced by the oral argument. Upon J;he basis of an United States District Court for the Dis­ independent review of the record, we SECURITIES AND EXCHANGE trict of Delaware on July 29,1952, and on make the following findings and con­ COMMISSION September 4, 1952, the merger of said clusions. companies became effective. CENPUC Summary of prior proceedings. The [File No. 7-1479] has acquired all of the assets of Con­ prior proceedings and the holding com­ A l l e g h a n y C orp solidated and assumed all of its liabili­ pany system of Community and Ameri­ ties, and the corporate existence of Con­ can are described in our detailed find­ notice o f application for u n l is t e d solidated has been terminated. ings and opinion relating to the plan trading p r iv ile g e s , and OFl opportunity Notice is further given that any inter­ filed by them.3 We set forth below only FOR HEARING ested person may, not later than Janu­ such of the facts as are necessary for At a regular session of the Securities ary 29, 1953, at 5:30 p. m., request in an understanding of the issues presented and Exchange Commission, held at its writing that a hearing be held on such by the applications here considered. office in the city of Washington, D. C., matter, stating the nature of his inter­ In July 1943 we issued an order under on the 14th day of January A. D. 1953. est, the reasons for such request and the sections 11 (b) (1) and 11 (b) (2) of The Midwest Stock Exchange, pur­ issues of fact or law, if any, raised by the act requiring Community to liqui­ suant to section 12 (f) (2) of the Securi­ said application which he desires to con­ date and dissolve, and directing that ties Exchange Act of 1934 and Rule trovert, or may request that he be noti­ American dispose of all- its subsidiaries X-12F-1 thereunder, has made applica­ fied if the Commission should order a except Minneapolis Gas Light Company tion for unlisted trading privileges in hearing thereon. Any such request (“ Minneapolis” ), and change its existing the Common Stock Subscription W ar­ should be addressed: Secretary, Securi­ capital structure into one consisting rants, of Alleghany Corporation, a ties and Exchange Commission, 425 Sec­ solely of common stock.4 Community security registered and listed on the ond Street NW., Washington 25, D. C. and American filed a plan which, in American Stock Exchange. At any time after January 29, 1953, at general, provided for the dissolution of Rule X-12F-1 provides that the appli­ 5:30 p. m., said application, as filed or as Community, the disposition by American cant shall furnish a copy of the applica­ amended, may be granted. of its interests in all subsidiaries except tion to the issuer and to every exchange By the Commission. Minneapolis, the merger of Minneapolis on which the security is listed or already into American, and the issuance of com­ admitted to unlisted trading privileges. [ s e a l ] O rval L. D u B o is , mon stock by the merged company, 91 The application is available* for public .Secretary. percent of which was to be allocated to inspection at the Commission’s prindipal [P. R. Doc. 53-630; Filed, Jan. 19, 1953; American’s debenture holders and 9 per­ office in Washington, D. C. 8:47 a. m.] cent to its common stockholders. Hold­ Notice is hereby given that, upon re­ ers of warrants entitling them to quest of any interested person received purchase common stock o f American prior to Jànuary 30, 1953, the Commis­ were accorded no participation. sion will set this matter down for hear­ [Pile Nos. 54-68, 59-55] Amendments to the plan were filed at various times, such amendments relating ing. in addition, any interested person C o m m u n it y G as and P o w e r Co. et a l . Play submit his views or any additional principally to the allocation of the new lacts bearing on this application by MEMORANDUM FINDINGS AND OPINION AND common stock, and ultimately the plan ]neans ° f a letter addressed to the Secre- ORDER OF COMMISSION REGARDING APPLI­ provided for an allocation of 87.78 per­ of the Securities and Exchange CATIONS FOR FEES AND EXPENSES cent of the common stock to American’s debenture holders, 11.27 percent to com­ commission, Washington, D.- C. I f no January 13, 1953. one requests a hearing on this matter, mon stockholders, and 0.95 percent to his application will be determined by In the matter of Community Gas and holders of warrants. After the conclu­ order of the Commission on the basis of Power Company, American. Gas and sion of hearings on the plan and amend- Power Company, et al.; Pile Nos. 54-68, Jr® lacts stated in the application, and 59-55. other information contained in the offi- 1 Community Gas and Power Company, ciai fiie 0f the Commission pertaining These proceedings concern applica­ Holding Company Act Releases Nos. 6541 io this matter. tions for fees and expenses in connection (April 10, 1946) and 7131 (January 14, 1947). with a plan filed under section 11 (e) of 2 Community Gas and Power Company, By the Commission. the Public Utility Holding Company Act Holding Company Act Release No. 9837 (May of 1935 (“act”) by Community Gas and 4, 1950). [ seal] O rval L. D u B o is , Power Company (“Community”) , form­ 8 Community Gas and Power Company, Secretary. Holding Company Act Release No. 6436 (Feb­ erly a registered holding company, and ruary 27, 1946). 'H’ l*30" 53-628; Piled, Jan. 19, 1953; American Gas and Power Company 8:47 a. m.] 4 Community Gas and Power Company, 13 (“American”) , formerly a registered 5. E. C. 532 (1943). 432 NOTICES merits thereto, we issued our findings Harde stated that he kept no time rec­ The Division recommended that the and opinion indicating that the plan ords, but estimated that he devoted ap­ applications of these firms be denied. could be approved if modified to provide proximately three months to these Neither of these applicants filed excep­ for an allocation of approximately 80 proceedings. In his objections to the tions to the Division^ recommendations percent of the new common stock to Division’s statement of views he states nor did they request or participate in debenture holders and approximately 20 that he expended 630 hours on this mat­ oral argument. After consideration of percent to holders of common stock and ter. In this connection we note that these requests we conclude that they warrants.® The plan was amended to hearings on the plan commenced in Sep­ should be denied for the reasons stated provide for an allocation of 80.16 percent tember 1943, and Harde did not partici­ in the Division’s statement of views. of the common stock to debenture hold­ pate in the proceedings until December • ^ Accordingly, it is ordered, That the ers, 17.39 percent to common stockhold­ 1944. By this time virtually the entire applications for fees and reimbursement ers and 2.45 percent to warrant holders record had been developed, including the of expenses of Dudley Harde and Riegel­ and was approved by us and the District appearance of two other common stock­ man, Strasser, Schwarz & Spiegelberg and Hays, St. John, Abramson & Schul­ Court.® holders urging an increased participation Applicable standards. Compensation for their class. Harde, who was un­ man be, and each of them hereby is, may be paid for services which have con­ familiar with proceedings of this nature, denied. tributed to the plan ultimately ap­ states that he devoted much of his time By the Commission. proved, which have contributed to the to familiarizing himsdlf with the pro­ ceedings and in reviewing the record [ s e a l ] O r v a l L. DtrBois, defeat of a proposed plan found to be Secretary. unsatisfactory, or which have otherwise which previously had been made. directly and materially contributed to Harde points to the closeness of his [F. R. Doc. 53-635; Filed, Jan. 19, 1953; the development of the proceedings with estimate of foreseeable income to that 8:48 a. m.] respect to the plan. found by us to be reasonable, and he In determining the amount of com­ asserts that the difference in the alloca­ pensation to be allowed,, the primary tions approved by us and those advocated [File Nos. 54-205, 59-95] factor is the amount of benefit conferred by him is attributable to the fact that upon the estate or its security holders by we rejected his argument that little, if N o r t h A m e r i c a n Co. a n d U n i o n E lectric the services rendered. Among other, any, weight should be given i;he deben­ C o m p a n y o f M is s o u r i factors to be considered are the neces­ ture holders’ claims to accrued and con­ SUPPLEMENTAL ORDER PURSUANT TO SUPPLE­ sity of the services, duplication of efforts, ditional interest. However, he made no the intricacy and magnitude of the prob­ independent estimate of foreseeable in­ MENT R OF INTERNAL REVENUE CODE lems involved, the time necessarily re­ come, but used figures previously intro­ J a n u a r y 13, 1953. duced by another witness. Harde’s quired to be expended, the experience In the matter of the North American figures on earnings differed from those and ability of the applicant, the size of Company, Union Electric Company of previously in the record only in that he the estate and its ability to pay, conflicts Missouri; Pile No. 54—205; and the North of interest, the extent to which the ap­ eliminated certain adjustments which American Company, respondent, File No. plicant’s efforts were directed to or were necessary for sound analysis.8 Harde’s valuation of the new common 59-95. motivated by personal or special interests The Commission having issued its find­ stock involved the application of an­ and the extent to which the applicant’s ings and opinion and order on October other witness’ capitalization rates to his efforts unreasonably delayed or were det­ 31, 1952, approving a plan for the liqui­ own earnings figures which were inflated rimental to the proceedings.1 dation and dissolution of the North because of the elimination of such ad­ Dudley Harde' Harde, who purchased American Company (“North Ameri­ justments, and was of no benefit to the 1,000 shares of American’s common stock can” ), pursuant to section 11 (e) of the proceeding. We find that his presenta­ in September 1944, is an attorney and a act; said plan having been joined in to security analyst. In these proceedings tion had no appreciable effect upon our the extent necessary for its consumma­ determination that the new common Harde appeared on his own behalf and tion by Union Electric Company of Mis­ for several other common stockholders. stock should be allocated as indicated in our findings and opinion. souri (“Union” ) ; said plan, on December He filed a petition for an increased allo­ 11, 1952, having been ordered enforced cation to common stockholders, testi­ Upon a careful consideration of the record we conclude that Harde’s limited by the United States District Court for fied briefly at a subsequent hearing, par­ the District of New Jersey; North Ameri­ ticipated in one oral argument, and participation did not represent any con­ tribution of a compensable nature to can having on said date declared said submitted a brief. Harde contended plan to be effective as of January 20, that the new. common stock should be the plan or the proceedings, and his ap­ plication will be denied. 1953: V , allocated 68.*5 percent to debenture Under the terms of the plan, North Riegelman, Strasser, Schwarz & Spie­ holders, 30.9 percent to common stock­ American on the effective date of the holders, and 0.6 percent to warrant gelberg; Hays, St. John, Abramson & plan will distribute to the holders of its holders. He argued for a higher valu­ Schulman. The firm of Riegelman, outstanding 8,572,626 shares of common ation of the new common stock and con­ Strasser, Schwarz & Spiegelberg repre­ stock as a partial liquidating dividend tended that little or no consideration sented Leo Model, a common stock­ shares of common stock of Union on the should be given the debenture holders’ holder, and for its services requested a basis of one share of Union common claims to accrued and unpaid conditional fee of $5,000 plus reimbursement of stock for each 10 shares of North Ameri­ interest, or to the claims of warrant expenses of $354.93. can common stock. A similar distribu­ holders. He requests an allowance of The firm of Hays, St. John, Abramson tion will be made approximately 12 $5,000 which includes his expenditures. & Schulman represented Jerome Hirsch, months after the effective date of the At the hearings on his fee application a common stockholder, and for its serv­ plan. Approximately 24 months, after ices requested a fee of $3,500 plus reim­ such effective date, a final liquidating 5 Community Gas and Power Company, dividend of Union common stock will be Holding Company Act Releases Nos. 6436 bursement o f expenses of $251.04. distributed to the North American stock­ (February 27, 1946) and 7131 (January 14, holders on a share-for-share basis upon 1947). «The earning power of the Minneapolis Surrender of certificates of North Ameri­ « In re Community Gas and Power Com­ company depended largely upon its fran­ pany, 71 F. Supp. 171 (D. Delaware, 1947); chise agreement with the City of Minneapolis, can common stock. The Union common aff’d., In re Community Gas and Power Com­ providing for an allowable return, and for stock to be distributed as liquidating divi­ pany, 168 F. 2d 740 (C. A. 3, 1948); cert. den. recapture of excess earnings and recoupment dends will be part of a newly created Vanneck, et al., Trustees v. Securities and of deficiencies in earnings through rate class o f 10,300,000 shares, $10 par value Exchange Commission, et al., 334 U. S. 846 adjustments. Harde based his estimated per share. No fractional shares of-Union (1948). earnings upon historical figures which in­ common stock will be issued in connec­ 7 Commonwealth & Southern Corporation, cluded approximately $110,000 per year of tion with the two interim distributions, Holding Company Act Release No. 11430 earnings in excess of the allowable return, (August 12, 1952); Electric Power & Light without adjustment. Other witnesses had but cash will be paid in lieu thereof. Corporation, Holding Company Act Release analyzed the same earnings figures, making It appearing that Union’s formerly NÓ. 11175 (April 21, 1952). proper adjustment for such items. outstanding 11,450,000 shares of no par Tuesday, J a n u a ry 20, 1953 FEDERAL REGISTER 433 value common stock, all of which are [Pile No. 54-206] sion requesting exemption on behalf of held by North American, have been re­ Itself and its subsidiaries, Montana Light classified into 10,300,000 shares of no C e n t r a l P u b l ic U t il it y C o r p. & Power Company, a public-utility com­ par value common stock, and that North NOTICE OP PILING OP PLAN FOR LIQUIDATION pany, and Klickitat Log & Lumber American has presented certificates rep­ AND DISSOLUTION OP AN INACTIVE SUB­ Company, a common carrier railroad, resenting 796,791 shares of no par value SIDIARY from the provisions of the Public Utility common stock of Union for conversion Jauary 14, 1953. Holding Company Act of 1935 (“ act” ) into 796,791 shares of $10 par value cer­ Notice is hereby given that Central pursuant to section 3 (a) (3) (A ) tificates of Union, which certificates of Public Utility Corporation (“CENPUC” ) , thereof; and $10 par value stock were issued by Union a registered holding company, has filed and received by North American; Due notice of the filing of said appli­ an application pursuant to section 11 (e) cation having been given and a hearing It further appearing that the number of the act for approval of a plan for the of shares of Union stock which will be thereon not having been ordered by, or liquidation and dissolution of its wholly requested of, the Commission; and required for distribution on January 20, owned subsidiary Central Securities 1953, has been determined to be 848,114; The Commission having examined the Transfer Company (“Securities” ) , an in­ application and th e statements con­ that an additional 51,323 shares of no active company. par value common stock of Union must tained therein and having found that Securities was formerly engaged in Neils is only incidentally a holding com­ be presented for conversion into 51,323 the business, of transferring and regis­ shares of $10 par value common stock, pany, being primarily engaged in a busi­ tering securities, principally those of ness other than that of a public-utility which is to be issued by Union; and that companies in the CENPUC holding com­ on January 20, 1953, pursuant to the company and not deriving, directly or pany system. On June 13, 1952, the indirectly, any material part of its in­ plan, North American will distribute to Commission entered its order pursuant its shareholders of record on December come from one or more companies the to section 11 (b) (2) of the act direct­ principal business of which is that of a 22,1952, 848,114 shares of Union $10 par ing, among other things, that CENPUC value common stock and cash will be public-utility company; and further “take appropriate steps to terminate the finding that the granting of an exemp­ paid in lieu of fractional shares of Union existence of * ** Securities,” - it $10 par value common stock aggregating tion to Neils as a holding company and appearing that Securities was not en­ to its subsidiaries as such will not be 9,148.4 shares at the rate of $23,125 per gaged in any business and that the man­ share; detrimental to the public interest or the agement did not intend to reactivate the interest of investors or consumers; North American having requested the company. The instant plan proposes Commission to issue an appropriate or­ I t is ordered, Pursuant to section 3 (a) that fhe dissolution of Securities will (3) (A ) of the act and subject to the der, with respect to said transactions, be effectuated pursuant to the laws of under Supplement R of Chapter 1 and provisions of section 3 (c) thereof* that the State of Illinois and upon the filing Neils as a holding company and its sub­ section 1808 (f) of Chapter 11 of the of a certificate of dissolution pursuant Internal Revenue Code, as amended; and sidiaries as such be, and the same hereby to such laws, CENPUC will receive all are, exempted from all provisions of the the Commission deeming it appropriate the assets of Securities consisting of $566 and in the public interest to grant such act, said companies remaining subject, in cash, as of November 30, 1952, and however, to any obligation, liability or request; assume all of'its liabilities to crëditôrs It is ordered and recited and the Com­ duty imposed upon them in any capa­ to the extent of the assets so trans­ city other than as a holdirig company or mission finds, That; ferred. As of the same date such liabili­ (a) The proposed surrender by North ties, consisting solely of accounts pay­ as subsidiaries of a holding company. American to Union of 51,323 shares of able, amounted to $137. CENPUC will By the Commission. no par value common stock of Union and pay such fees and expenses incurred in [ s e a l ] O rval L. DuBois, the proposed issuance by Union and re­ connection with said plan as may be ceipt by North American in exchange approved by the Commission. Secretary. therefor of 51,323 shares of $10 par value Notice is further given that any inter­ [P. R. Doc. 53-631; Piled, Jan. 19, 1953; of Union common stock represented by ested person may, not later than January 8:47 a. m.] certificate numbered UNB319; and 29, 1953, at 5:30 p.m., request the Com­ , . The proposed transfer and dis­ mission in writing that a hearing be held tribution to the shareholders of North on such matter, stating the reasons for American of record on December 22, such request, the nature of his interest, [Pile No. 70-2963] 1952, by North American, of 848,114 and the issues of fact or law raised by O h io E d is o n C o . shares of $10 par value common stock said application which he desires to con­ of Union, represented by certificates trovert, or may request that he be noti­ SUPPLEMENTAL ORDER RELEASING JURISDIC­ numbered TNB1, TNB2, TNB3, and fied if the Commission should order a TION OVER RESULTS OP COMPETITIVE BID­ TNB319, together with cash in lieu of hearing thereon. Any such request DING IN SALE OP PREFERRED STOCK fractional shares of said $10 par value should be addressed: Secretary, Securi­ J a n u a r y 14, 1953. common stock aggregating 9,148.4 shares, ties and Exchange Commission, 425 Sec­ at the rate of $23,125 per share; Ohio Edison Company ( “Ohio Edi­ ond Street NW., Washington 25, D. C. son” ), a registered holding company and in connection with and as a part At any time after January 29, 1953, said a public utility company, having filed an flnal liquidation and dissolution plan may be approved as filed or as oi North American and all as authorized amended. application-declaration, and amend­ or Permitted by the order of this Com­ ments thereto, under the act, with re- mission of October 31, 1952, and in By the Commission. • speet to the issuance and sale, pursuant oeaience thereto are necessary or ap- [ s e a l ] O rval L . D u B o is , to the competitive bidding requirements propriate to effectuate the provisions of of Rule U-50, of 150,000 shares of a new 11 <*» of the Public Utility Hold- Secretaryv mg Company Act of 1935. series of preferred stock and the issuance [P. R. Doc, 53-629; Piled, Jan. 19, 1953; and sale of 479,846 shares of its common tin l S further ordered, That jurisdic- 8:47 a. m.] _ J? and hereby is, reserved to enter stock, by a rights offering to its common t it ° ^ er or further orders conforming stockholders; and w uie requirements of Supplement R of The Commission, by order dated De­ 1 and section 1808 (f) of Chap­ [Pile No. 69-105] cember 30,1952, having granted and per­ as, tlfe Internal Revenue Code, as mitted to become effective said applica­ amended. J. N e il s L u m b e r Co. tion-declaration, as amended, except By the Commission* ORDER GRANTING EXEMPTION that the proposed issuance and sale of the common and preferred stocks were [ seal] O rval L . D u B o is , J a n u a r y 14, 1953. not to be consummated until the results Secretary. J. Neils Lumber Company (“Neils”) of the competitive bidding, pursuant to R. Doc. 53-634; Piled, Jan. 19, 1953; having filed an application, and an Rule U-50, and the proposed subscrip­ 8:48 a. m..] amendment thereto, with this Commis­ tion price for the common stock, had 434 NOTICES been made a matter of record in this [File No. 70-2975] an affiliated service company, such cost being estimated not to exceed $900. The proceeding and a further order issued, N arragansett E lectric Co. ■ for which purpose jurisdiction was ex­ declaration further states that no State pressly reserved ; and the Commission by ORDER AUTHORIZING ISSUANCE AND SALE OP commission or Federal commission, other order dated January 8, 1953, having re­ PROMISSORY NOTES than this Commission, has jurisdiction over the proposed transactions. leased jurisdiction with respect to the J a n u a r y 13,1953. issuance and sale of the common stock; Narragansett requests that the Com­ The Narragansett Electric Company mission’s order herein hecome effective and (“Narragansett”), a public-utility sub­ forthwith upon issuance. Jurisdiction also having been reserved sidiary company of New England Elec­ in said orders of December 30, 1952, and Due notice having been given of the tric System, a registered holding com­ filing of the declaration, and a hearing January 8, 1953, with respect to the rea­ pany, having filed with this Commission sonableness of the fees and expenses in­ not having been requested of or ordered a declaration, pursuant to sections 6 (a) by the Commission; and the Commission curred or to be incurred in connection and 7 of the Public Utility Holding Com­ with thé proposed transactions; and finding that the applicable provisions of pany Act of 1935 and Rules U-23 and the act and the rules promulgated there­ Ohio Edison, on January 14,1953, hav­ U-42 (b) (2) promulgated thereunder, ing filed a further amendment to said under are satisfied and that no adverse with respect to the following proposed findings are necessary, and deeming it application-declaration in which it is transactions: stated that in accordance with the per­ appropriate in the public interest and According to the declaration Narra­ the interest of investors and consumers mission granted by the order of the Com­ gansett contemplated that it would have mission dated December 30, 1952, it of­ that said declaration be permitted to be­ outstanding at December 31, 1952, come effective forthwith: fered the 150,000 shares of preferred $7,950,000 principal amount of unsecured stock for sale pursuant to the competi­ I t is ordered, Pursuant to Rule U-23 six months promissory notes payable to and the applicable provisions of the act, tive bidding requirements of Rule U-50 banks. Narragansett proposes to issue and received the following bids: that said declaration be, and it hereby is, to banks, from time to time but not later permitted to become effective forthwith, than March 31, 1953, additional unse­ subject to the terms and conditions pre­ Annual Price to Annual cured six months promissory notes in an scribed in Rule U-24. divi­ company cost to aggregate principal amount not in excess Bidding group headed by— dend (dollars com­ rate per pany of $4,100,000. Narragansett further pro­ By the Commission. (percent) share) (percent) poses that the principal amount of all [ s e a l ] O rval L. D u B o is, of its unsecured promissory notes out­ Secretary. Morgan Stanley* Co----- 4.44 100.419 4.4215 standing at any one time prior to March W. C.«Langley & Go~ - 1 [F. R. Doc. 53-632; Filed, Jan. 19, 1953; Glore,~Forgan & Co_____ i 4.44 100.417 4.4216 31, 1953 will not exceed $8,500,000. 8:48 a. m.] White, Weld & Co...... Each of the proposed notes will bear The First Boston Corp... 1 interest at the prime rate of interest Lehman Bros______1 4.44 100.1099 4.4551 Bear, Steams & Co.------at the time of the issuance thereof; It is stated that said interest rate for such [File No. 70-2979] notes at the present time is 3 percent Said amendment having further stated per annum. In the event that such in­ I nt e r st a t e P o w e r C o . that Ohio Edison has accepted the bid terest rate is in excess of 3 lA percent per of Morgan Stanley & Co. for the purchase n o t ic e o p f il in g i n respect o p issuance annum at the time any of said additional AND SALE TO BANKS OF NOTES of the preferred stock, as set forth above, promissory notes are to be issued, Nar­ And that the preferred stock will be ragansett will file an amendment to its J a n u a r y 14,1953. offered for sale to the public at a price declaration setting forth therein the Notice is hereby given that Interstate of $102.50 per share, resulting in an un­ name of the bank or banks, the terms Power Cpmpany (“Interstate” ), a regis­ derwriter’s spread of $2.081 per share or of the note or notes and the rate of in­ tered holding company and an operating an aggregate amount of $312,150; and terest at least five days prior to the public-utility company, has filed with The Commission having examined said issuance of said note or notes. Narra­ this Commission a declaration and an amendment and having considered the gansett requests that such amendment amendment thereto, pursuant to the record herein and finding no- basis for become effective at the end of such Public Utility Holding Company Act of imposing terms and conditions with re­ period unless the Commission notifies it 1935 (“ act” ) , in respect of a proposal to spect to the price to be received by Ohio to the contrary within said period. issue and sell $4,300,000 of 3y4 percent Edison for the preferred stock, the divi­ Narragansett will use $3,550,000 of the notes. The declaration designates sec- ' dend rate, the underwriter’s spread, or proceeds derived from the proposed issu­ tions 6 and 7 of the act as applicable to otherwise, and it appearing appropriate ance of additional promisspry notes to the proposed transactions. to the Commission that the jurisdiction pay an equal principal amount of out­ Notice is hereby further given that any heretofore reserved over the results of standing promissory notes maturing on interested person may, not later than competitive bidding with respect to the or before March 30, 1953, and will use January 28, 1953, at 5:30 p. m., e. s. t., sale of the preferred stock be released: the remainder of such proceeds for other request the Commission in writing that It is ordered, That the application- corporate purposes. Narragansett esti­ a hearing be held in respect of the pro­ declaration, as further amended, be, and mates that its construction expenditures posed transactions, stating the reasons during the first quarter of 1953 will ag­ for such request, the nature of his inter­ hereby is, granted and permitted to be­ gregate $5,954,000. Narragansett states come effective forthwith, and that the est and the issues of fact or law raised that its present intention is to issue by said declaration as amended which he jurisdiction heretofore reserved over the $5,000,000 aggregate par value of addi­ desires to controvert, or may request that results of competitive bidding with re­ tional common stock and $10,000,000 he be notified if the Commission should spect to the sale of the preferred stock aggregate principal amount of first mort­ order a hearing thereon.- Any such re­ be, and the same hereby is, released, gage bonds during the first, quarter of quest should be addressed: Secretary, subject to the condition that the reser­ 1953 and the proceeds from such perma­ Securities and Exchange Commission, vation of jurisdiction with respect to the nent financing will be applied in reduc­ 425 Second Street NW., Washington 25, fees and expenses be, and the same tion of, or in total payment of, promis­ D. C. At any time after January 28,19W, hereby is, continued, and subject, sory notes then outstanding, and the said declaration, as filed or as amended, further, to the terms and conditions amount of authorized but unissued notes, may be permitted to become effective as if any, will be reduced by the amounts prescribed in Rule U-24. provided in Rule U-23 of the Rules ana if any, by which such permanent financ­ Regulations promulgated under the Act, By the Commission. ing exceeds the notes at the time out­ or the Commission may exempt sucn standing. transactions as provided in Rule U-20 W. [ s e a l ] O rval L . D u B o is , The declaration states that incidental and Rule U-100 thereof. Secretary. services in conection with the proposed All interested persons are referred w IF. R. Doc. 53-633; Filed, Jan. 19, 1953; note issues will be performed, at cost, said declaration, as amended, which » 8:48 a. m.} by New England Power Service Company, on file in the office of this Commission, Tuesday, J a n u a ry 20, 1953 FEDERAL REGISTER 435 for a statement of the transactions pro­ Supplementary Regulation ,3 to Ceiling over a five-year period from the date of posed which are summarized as follows: Price Regulation 34, approves the appli­ Interstate proposes pursuant to a sale to the ultimate user. The prohibi­ cation of Service Bulletin B -l for Buick tions found in CPR 22, under which ap­ credit, agreement dated December 1, Motor Division of General Motors Cor­ 1952, to issue and sell, at any time and plicant established its ceiling prices, poration. against altering the terms or conditions from time to time up- to and including The Director of Price Stabilization has November 15, 1953, to the Chase Na­ of sale, tie-in sales and unauthorized in­ determined from the data submitted by creases in ceiling prices made it neces­ tional Bank of the City of New York the publisher for the General Motors (“Chase” ) and Manufacturers Trust sary for applicant to offer the new pro­ Corporation that the approval of these tection plan as an addition to, rather Company (“Manufacturers” ), in equal supplements would not be inconsistant proportions, not to exceed an aggregate than in lieu of, the standard one year with the purposes of the Defense Pro­ warranty. Also, applicant was required of $4,300,000 of unsecured notes. The duction Act of 1950, as amended. notes are to bear interest at 3 Vi percent to apply for ceiling prices for these new Special provisions. 1. On and after services under CPR 34. per annum from date of issuance, pay­ the effective date of this order, the sup­ This special order makes it mandatory able on the last days of March, June, plements to General Motors Service Bul­ September and December, and are to that applicant’s purchasers have full letin B -l dated January 7, 1953, as cov­ option to purchase or reject the five year mature in 360 days or April 15, 1954, ered in Service Bulletin B -l are author­ whichever date shall be earlier. The protection plan and requires that the ized for use in establishing the time al­ standard one year warranty be continued notes are to be prepayable in whole or lowances for the operations described in part, at any time without premium as a term and condition of sale of the therein. compressors irrespective of whether or or penalty, provided that, if prepayment 2. The following notice must be is made directly or indirectly from the not the purchaser elects to buy the five printed or stamped in a prominent posi­ year protection plan. proceeds, or in anticipation, of any bank tion in the publication “Approved by borrowing the company is to pay a pre­ It appears that the ceiling prices OPS January 16, 1953, by Special Order granted in this order are in line with the mium calculated at the rate of 1 percent No. 16 issued under section 5 of SR 3 to per annum on the principal sum so pre­ level of ceiling prices otherwise estab­ CPR 34.” lished by the regulation and are con­ paid from the date of prepayment to the 3. All provisions of Ceiling Price Reg­ maturity date of the notes being pre­ sistent with the level of ceiling prices ulation 34, as amended, and Supplemen­ established by CPR 22, under which ap­ paid. A commitment fee of $5,750 tary Regulation 3, as amended, except ($2,875 to each of such banks) is to be plicant’s ceiling prices for the sale of the as changed by this Special Order shall compressors are established. paid. - : ~ ' . . remain in full force and effect. Interstate requests thè Commission to The protection plans covered by this ^ 4. This Special Order or any provi­ special order are, in actuality, the manu­ authorize at this time the issuance and sion thereof may be revoked, suspended sale oh or before April 30, 1953, of an facturer’s protection plans. Ultimately, or amended at any time by the Director all responsibility to the consumer for the aggregate of $2,000,000 of such notes, of Price Stabilization. the proceeds of which are to be useil to services covered by these"protection plans redeem a like principal amount of out­ Effective date. This order shall be­ will come to rest with the applicant. standing notes of Interstate due April 30, come effective January 16, 19531 For that reason, this order requires that 1953, held by such banks; and to reserve applicant’s purchasers— dealers, con­ J o s e ph H. F r e e h il l , tractors or other resellers who will ex­ jurisdiction until some later date prior Director of Price Stabilization. to November 15, 1953, in respect of the tend the coverage of the plans to their proposed issue and sale of the additional J a n u a r y 15, 1953. own purchasers— offer the plans to their $2,300,000 of such notes, the proceeds of customers at no additional cost. Appli­ [F. R. Doc, 53-639; Filed, Jan. 15, 1953; cant is also required to send to each of which are to -be applied toward the 11:42 a. m.] financing of the construction program its buyers of the covered plans, a copy of and to reimburse the treasury of the dec­ this special order. larant for expenditures for like pur­ Special provisions. For the reasons poses. Declarant makes this request so [Ceiling Price Regulation 34, Section 7, set forth in the statement of considera­ that it may review and study the market Special Order 20] tions hereto, and pursuant to section 7 for securities and determine whether of CPR 34, as amended, this special order the sale of additional securities in lieu B r u n n e r M anufacturing C o . is hereby issued. Of bank borrowing is feasible. CEILING PRICES FOR SALES OF OPTIONAL FIVE 1. (a ) The ceiling prices for the sale Declarant states that no commission YEAR PROTECTION PLAN FOR COMPRESSORS of Optional Five Year Protection Plan other than this Commission has juris­ Statement of considerations. In ac­ for Compressors, as defined in subpara­ diction over the proposed transactions. cordance with section 7 of Ceiling Price graph (b) of this paragraph, by the It is ' requested that the Commission enter an order, to become effective upon Regulation 34, as amended, the Brunner Brunner Manufacturing Company, Utica, its issuance, permitting said declaration, Manufacturing Company, Utica, New New York, referred to hereafter as “the York, has applied for approval of pro­ as amended, to become effective on or seller,” are as follows: before February 2, 1953. posed ceiling prices for sales of its Op­ tional Five Year Protection Plan for Compressor Model No.: Ceiling price By the Commission. S 1 4 0 ------$2. 50 compressors. Ceiling Price Regulation R330 ______2.50 34 requires that a seller of a service who ^SEAL1 O rval L. D u B o is, R —50 0 ____;______3 . 00 Secretary. is unable to price under any other pro­ R -650 ______4. 00 vision of that regulation file an applica­ Rr-2000 ______4. 50 [F. R. Doc. 53-627; Piled, Jan. 19, 1953; tion with the Director of Price Stabili­ R —2002 ______4. 50 8:47 a. m.] zation for approyal of his proposed ceil­ R-2001 ______7. 50 ing prices. R —5000 ______7. 50 R-5002 ______10. 00 It appears that applicant, during the R-5001 ______12. 00 e c o n o m ic stabilization base period, sold both separately and to­ AGENCY gether with such equipment, compres­ (b) The Optional Five Year Protection sors for air-conditioning and refrigera­ Office of Price Stabilization Plan for Compressors, in each case for tion units, including in the sale price as which a ceiling price has been estab­ [Ceiling Price Regulation 34, as amended, a usual term and condition of sale, a lished in subparagraph (a) of this para­ supplementary Regulation 3, as amended, standard one year warranty covering re­ graph, shall be as follows: section 5, Special Order 16] pair or replacement of defective parts BRXJNNER FIVE YEAR PROTECTION POLICY G eneral M otors C o r p. due to manufacture, it further appears that applicant wishes to offer for the We hereby make the following warranty approval of a d d it io n s attach ed t o let t e r greater protection of the consumer an to and agree to the following Five Year Pro­ 10 DEALERS DATED JANUARY 7, 1953 extended warranty period covering the tection Plan with, the original purchaser- Sfofemewt of consideration. Hits compressor. Under the proposed plan, user only of Brunner equipment, Serial No. pecial Order-, pursuant to section 5 of ------bearing the Brunner trade-mark, the compressor warranty would extend under the following provisions; 436 NOTICES

STANDARD ONE-YEAR WARRANTY order shall be conditional on the fuU p. m.; I-G4-3, filed 1:40 p. m.; I-G4A-3, right and option of the purchaser to pur­ filed 1:40 p. m.; II-G1-1, amendment 1, filed We warrant the Brunner equipment bear­ 1:40 p; m. ing above serial number sold by us and all chase or refuse to purchase such plans. Nashville Order II-G 2 —1, amendment 1, parts thereof to be free from defects in 3. Sales of the Optional Five-Year .filed 1:40 p. m.; H rG 2-X, amendment 1, filed material or workmanship under normal use Protection Plans covered by this special 1:40 p. m.; H -G3A-1, amendment 1, filed and service. Our obligation under this war­ order, or their offer for sale, shall not in 1:41 p. m.; II-G 4-1, amendment 1, filed 1:41 ranty shall be limited to furnishing, f. o. b. any way impair, limit or curtail the avail­ p. m.; II-G4A-1, amendment 1, filed 1:41 at Utica, N. Y., a replacement for any part ability to the purchaser of the units p. m.; I l l —Gl—1, amendment 1, filed 1:42 of said equipment which proves thus defec­ listed in paragraph 1 (a) hereof without p. m.; III-G 2-1, amendment 1, filed 1:42 tive within one year from date of installa­ said Optional Five Year Protection Plans. p. m.; III-G 3-1, amendment 1, filed 1:42 tion, which is returned to us f. o. b. Utica p. m.; IU-G 3A -1, amendment 1, filed 1:43 within said period, and which our examina­ 4. Sales of the Optional Five Year Pro­ p. m.; IH -G 4-1, amendment 1, filed 1:43 tion shall disclose to our satisfaction to be tection Plans covered by this special p. m.;. III-G 4A —1, amendment 1, filed 1:43 thus defective. order are subject to all of the provisions p. m. egion VI FIVE YEAR PROTECTION PLAN FOR BRUNNER of CPR 34, as amended, not inconsistent R COMPRESSOR ONLY with this order. Detroit Order I-G4A-1, filed 1:43 p. m.; 5. The ceiling prices for the sales of In addition to the one-year warranty on III-G1-1, amendment 1, filed 1:44 p. m.; the aforesaid Brunner equipment, we also the Optional Five Year Protection Plans III-G2-1, amendment 1, filed 1:44 p. m.; agree to repair, replace or exchange at our by the seller’s dealers or other resellers III-G 3 —1, amendment 1, filed 1:44 p. m.; option f. o. b. Utica, N. Y., for the original shall be identical with those established III-G 4-1, amendment 1, filed 1:44 p. m. purchaser-user only, at any time during the for the seller in paragraph 1 of this spe­ Louisville Order I-Gh-2, amendment 1, five years following date of delivery to the cial order, and all the provisions of this filed 1:44 p. m.; I-G2-2, amendment 1, filed original purchaser-user, if compressor body 1:45 p. m.; I-G3-2, amendment 1, filed 1:45 special order which relate to sales by p. m.; I-G4-2, amendment 1, filed 1:45 p. m.; or defective part be returned prepaid to the seller shall be equally applicable to Utica, N. Y., such defective compressor or I-G4A—2, amendment 1, filed 1:46 p. m. part thereof, it is proved to our satisfaction seller’s dealers or resellers. Cleveland Order IV-G1-1, amendment 1, to be inefficient or inoperative due to defects 6. This special order or any provision filed 1:46 p. m.; IV-G2-1, amendment 1, filed in material or factory workmanship. Com­ thereof may be amended, modified or re­ 1:46 p. m.; IV-G 3-1, amendment 1, filed pressor body or defective parts must be voked by the Director of Price .Stabiliza­ 1:47 p. m.; IV-G4-1, amendment 1, filed 1:47 returned with proper Brunner Application tion at any time. p. m. Form through a recognized refrigeration 7. As a condition of making any sales 'Region VII organization. The term "compressor” con­ of the Optional Five Year Protection Chicago Order I-Gl-3, filed 1:47 p. m.; sists of the shaft seal, rods, piston, wrist Plans covered by this order, the seller I—G2—3, filed 1:48 p. m.; I-G3-3, filed 1:49 pins, valve plate assembly, and housing in p. m.; I-G3A—2, filed 1:49 p. m.; I-G4-3, filed which these parts are enclosed. shall deliver a copy of this special order to each dealer or reseller to whom it sells 1:49 p. m.; I-G4A-2, filed 1:50 p. m. This Five Year Protection Policy does not Milwaukee Order I-G l-3, filed 1:50 p. m.; Include labor charges incidental to the re­ any of said Protection Plans, delivery I-G2-3, filed 1:50 p. m.; I-G3-3, filed 1:50 placement of parts. Such policy further of this special order to be made in each p. m.; I—G4—3, filed 1:51 p. m.; I-G4-3, does not include any equipment to which case at the time of or prior to the first amendment 1, filed 1:51 p. m.; n-Gl-1, said Brunner compressor is connected such sale of any of said Protection Plans to amendment 3, filed 1:51 p. m.; II-G2-1, as cooling coils, temperature controls, re­ the dealer or reseller after the effective amendment 8, filed 1:52 p. m.; III-G1-1, frigerant metering devices, refrigerators, etc. date of this special order. amendment 1, filed 1:52 p. m.; IÜ-G2-1, This Five Year Protection Policy does not 8. The provisions of this special order amendment 1, filed 1:52 p. m. include electric motors, condensers, receiver, Indianapolis Order II—Gl—1, amendment 2, controls, belts, etc. are applicable to sales of the above serv­ ices in the 48 States of the United States filed 1:53 p. m.; II-G 2-1, amendment 2, filed GENERAL CONDITIONS 1:53 p. m.; IH -G l-1 , amendment 1, filed and in the District of Columbia. 1:53 p. m.; III-G 2-1, amendment 1, filed Performance by us under this warranty Effective date. This special order shall 1:53 p. m.; I-G l-3 , filed 1:54 p. m.; I-G2-3, and Five Year Protection Plan is contingent filed 1:54 p. m.; IV-G4A-1, filed 1:54 p. m. upon causes beyond our control and we shall become effective January 14, 1953. Region VIII not be liable for any default or delay in J o s e p h H . F r e e h i l l , performance thereunder caused by any con­ Director of Price Stabilization. Minneapolis Order III-G1-1, filed 1:56 tingency beyond our control including war, p. m.; IH -G 2-1, filed 1:56 p. m.; III-G3-1, governmental restrictions or restraints, J a n u a r y 14, 1953. filed 1:56 p. m.; III-G4-1, filed 1:57 p. m. strikes, fire, floods or reduced supply of new Sioux Falls Order I-G l-2 , amendment 3, material. [F. R. Doc. 53-387; Filed, Jan. 14, 1953; 12:05 p. m.] filed 1:57 p. m.; I-G2-2, amendment 3, filed The term "original purchaser-user” as 1:57 p. m.; I-G4-2, amendment 3, filed 1:58 used herein, shall be deemed to mean that p. m.;. I-G4A-2, amendment 2, filed 1-58 person, firm, association or corporation for p. m.; II-G1-2, amendment 2, filed 1:59 whom the Brunner equipment referred to p. m.; II-G 2-2, amendment 2, filed 1:5* herein is originally installed for use. C e r t a in R e g io n s p. m.; II-G 3-2, amendment 2, filed 1:59 This Five Year Protection Plan applies only p. m.; II-G4-2, amendment 2, filed 2:00 p. bl: to Brunner compressors installed within the LIST OP COMMUNITY CEILING PRICE ORDERS IV-G1-1, filed 2:00 p. m.; IV-G2-1, filed United States. 2:01 p. m.; IV-G4-1, filed 2:01 p. m. The foregoing warranty and Five Year Pro­ The following orders under General tection Plan are expressed in lieu of all Overriding Regulation 24, were filed with R egion IX other warranties expressed or implied and the Division of the Federal Register on Wichita Order I-G4-2, amendment 4, filed of all obligations or liabilities on our part, December 30, 1952. 2:01 p. m.; I-G4-3, filed 2:04 p. m.J I-G M j and we neither assume nor authorize any R egion V amendment 5, filed 2:02 p. m.; I-Gl-3, other person to assume for us any other .2:03 R. m.; I-G2-3, filed 2:03 p. m.; I-G3-J. obligations or liabilities in connection with Atlanta Order I-G2-2, amendment 4, filed filed 2:03 p. m.. , the sale of said Brunner condensing unit, 1:33 p. m.; I-G3-2, amendment 4, filed 1:33 Omaha Order I-G l-3 , filed 2:04 p. na., Brunner compressor, or any part or parts p. m.; I-G3A-2, amendment 4, filed 1:33 p. m.; I-G 2-3, filed 2:05 p. m.; I-G3-3, filed 2:0» thereof. Said warranty and Five Year Pro­ I-G4A-2, amendment 4, filed 1:34 p. m. p. m-.; I—G4—3, filed 2:06 p. m.; II-G1-1. wea tection Plan shall be void if said Brunner Jackson Order I-G l-3 , filed 1:34 p. m.; 2:06 p. m.; II-G 2-1, filed 2:07 p. m.; II-G4-1. equipment or compressor, as the case may I —G2—3, filed 1:34 p. m.; I-G3-3, filed 1:35 filed 2:07 p. m. be, in our judgment has been subjected to p. m.; I-G4-3, filedT:35 p. m .;I-G2-2, amend­ Des Moines Order I-G l-3, filed 2:07 p. misuse, negligence, free chemicals in system, ment 1, filed 1:35 p. m.; I-G2-2, amendment I—G2-3, filed 2:08 p. m .; I-G3-3, filed 2:«» accident or operated contrary to the Brunner 2, filed 1:35 p. m.; I-G 2-2, amendment 3, p. m .; I-G3A-1, filed 2:08 p. m.; I-G4-3, nie« filed 1:36 p. m. Manufacturing Company recommendation or 2:09 p. m .; I-G4A-l,J&led 2:09 p. m.; H-Gl-A Montgomery Order I-G l-3 , filed 1:36 p. m.; filed 2:10 p. m.; II-G2-2, filed 2:10 p. » . if the serial number has been altered, de­ I —G2-3, filed 1:36 p. m.; I-G3-3, filed 1:36 faced or removed. p. m.; I-G3A-3, filed 1:36 p. m.; I-G4-3, filed Copies of any of these orders m ay be Brunner Manufacturing Company 1:37 p. m.; I-G4A-3, filed 1:37 p. m. obtained in any OPS office in the desig* | Columbia Order I-G l-3 , filed 1:37 p. m.; nated city. UTICA, NEW YORK I-G2-3, filed 1:38 p. m.; I-G3-3, filed 1:38 J o s e p h L . D w y e &> p. m.; I-G3A—3, filed 1:38 p. m.; I-G4-3, By______Title. ______Recording Secretary• filed 1:38 p. m.; I-G4A-3, filed 1:38 p. m. 2. Sales of the Optional Five Year Pro­ Nashville Order I-G l-3 , filed 1:39 p. m.; [F. R. Doc. 53-637; Filed, Jan. 15, 1953: tection Plans covered by this special 1-02-3, filed 1:39 p. m.; I-G 3-3, filed 1:39 11:41 a. m.]^