REGISTER ^ 1 9 3 4 VOLUME 14 NUMBER 182

Washington, Wednesday, September 21, 1949

TITLE 5— ADMINISTRATIVE of appointment and shall in no case ex­ CONTENTS PERSONNEL ceed one year from the date of notice. (b) Reassignments to continuing po­ Agriculture Department Page Chapter I— Civil Service Commission sitions in local commuting area. Reas­ See also Commodity Credit Corpo­ signment is required in lieu of separation ration. P art 20—R etention Preference R egula­ or furlough, within the local commuting Notices: tions for Use in R eductions in F orce area, without Interruption to pay status County committees, appoint­ SEQUENCE OF SELECTION, ACTIONS, AND whenever possible, to an available posi­ ment, and designation of tion for which the employee is fully quali­ chairmen ______5766 APPEALS fied, unless a reasonable offer of ressign- 1. Effective upon publication in thement is refused. No displacement will be Alien Property, Office of F ederal R egister, § 20.8 is amended to required to permit the reassignment of an Notices: read as follows: employee unless such employee is fully Vesting orders, etc.: qualified to perform the duties of the Bender, Hans______5775 § 20.8 Sequence of selection — (a) position in question. Subject to these Kosak, Franz Alexander____ 5776 Actions. Within each competitiveJevel conditions, reassignment is required in Minderlein, Babette______5775 action must be taken to eliminate all em­ each of the following cases: Moritz, W. A., S. en C______5776 ployees in lower subgroups before a (1) Any employee in subgroup A-l Plus, Nagar, Louise______5776 higher subgroup is reached, and within to a continuing position of like seniority, Stiller, Minna Elise, et al___ 5775 each subgroup of retention groups A and status and pay. (Sec. 8, 54 Stat. 890; Wasserstrom, Kathe______5776 B action must be taken concerning all sec. 9, 62 Stat. 614; 50 U. S. C. App. 308, Army Department employees with a lower number of re­ 459) Rules and regulations: tention credits before an employee with (2) Any employee in any subgroup in Military reservations; use of real a higher number of retention credits is Group A, with competitive status in a reached, except as provided in paragraph estate------5762 position in the competitive service, if Civil Service Commission (c) of this section. there is a position in the competitive (b) Breaking ties. Whenever two or service held by an employee in a lower Rules and regulations: more employees are tied as to total re­ subgroup. Reductions in force, retention tention credits in retention group A or B (3) Any employee in subgroup A-l or preference; sequence of selec­ the tie shall be broken first by consider­ A-2, with competitive status in a posi­ tion, actions, and appeals___ 5753 ing half years of service in excess of total tion in the competitive service, who had Commodity Credit Corporation full years for which retention credits were previously been promoted, if there is a Rules and regulations; granted. If a tie still exists it shall be competitive service position the same as Peanuts; loans and prices, 1949_ 5760 broken by administrative decision, which the position from which he had been Producer loans______5755 may take into account such factors as promoted within the same competitive Purchase program______5758 official conduct, efficiency, number of de­ area (installation in the field service) Sheller loans______5757 pendents, length of service, or fitness for held by an employee in the same sub­ the job. Defense Department group with fewer retention credits. See Army Department. (c) Exceptions. An exception to the (4) Any employee in subgroup B-l, in regular order of selection may be made a position in the competitive service, if Federal Communications Com­ only when the employee to be retained is there Is a competitive service position mission engaged on necessary duties which can­ held by an employee in a lower subgroup. Notices : not be taken over, without undue inter­ (c) Reassignment to continuing posi­ Hearings, etc.: ruption to the activity, by any employee tions in other commuting areas. Where Afro-American Broadcasting with higher standing on the retention a reassignment cannot be made within System, Inc______5768 register who is reached for action. In all the local commuting area, a reassignment Bessemer Broadcasting Co__ 5768 such cases, each employee affected ad­ in another commuting area acceptable to Coston-Tompkins Broadcast­ versely by the exception must be notified the employee is required, within sixty ing Co------5769 of the reasons, and of his right to appeal days after termination of pay status Eastland County Broadcast­ to the Civil Service Commission for a whenever possible, to an available posi­ ing Co------5770 review of such reasons. tion for which the employee is fully qual­ Lake Huron Broadcasting Co. 2. Effective upon publication in the ified, unless a reasonable offer of reas­ (WKNX) and Booth Radio Stations, Inc______5770 F ederal R egister, § 20.9 is amended to signment is refused. Subject to these read as follows: conditions, reassignment is required in Lawrence Broadcasting Co___ 5769 each of the following cases: Lubbock County Broadcasting § 20.9 Actions—(a) In general. Em­ (1) Any employee in subgroup A-l Co. and Plains Radio ployees who cannot be retained in their Plus, to a continuing position of like sen­ Broadcasting Co. (KFYO)_ 5767 positions because of a reduction in force iority, status and pay. (Sec. 8, 54 Stat. Morales, Felix H., and John shall be reassigned to continuing posi­ 890; sec. 9, 62 Stat. 614; 50 U. S. C. Add F. Cooke------5768 tions, furloughed or separated. Fur­ 308, 459) Pasadena Presbyterian loughs shall not extend beyond the term Church (KPPC) and Po­ (Continued on next page) mona Broadcasters______5763 5753 5754 RULES AND REGULATIONS CONTENTS— Continued CODIFICATION GUIDE— Con. / Federal Communications Com- Page Title 24 pa^e FEOERÄLÄREGISTER mission-—Continued Chapter VIII: Notices—Continued Part 825______5760 Hearings, etc.—Continued Title 26 Published daily, except Sundays, Mondays, United Farmers’ Telephone & Chapter I: and days following official Federal holidays, Telegraph Co. and Inter- Part 183______5761 by the Division of the Federal Register, the state Telegraph Co------5771 Part 185 (proposed)------5763 National Archives, pursuant to the authority Watertown Radio, Inc., and contained in the Federal Register Act, ap­ Rock River Valley Broad­ Title 32 proved July 26, 1935 (49 Stat. 500, as Chapter V: amended; 44 U. S. C., ch. 8B), under regula­ casting Co------5768 Part 552______— 5762 tions prescribed by the Administrative Com­ WO AX, Inc. (WTNJ) and mittee, approved by the President. Distribu­ Morrisville Broadcasting Title 47 tion is made only by the Superintendent of Co. (WBUD)______5769 Chapter I: Documents, Government Printing Office, Proposed rule making: Part 3 (proposed) (2 docu­ Washington 25, D. C. Television broadcast service: ments)______— 5765,5766 The regulatory material appearing herein, is keyed to the Code of Federal Regulations, Procedure for cross-examina­ which is published, under 50 titles, pursuant tion______5766 (2) Any employee in subgroup A-l or to section 11 of the Federal Register Act, as Testimony at hearing------5765 A-2, with competitive status in a position amended June 19, 1937. Federal Power Commission in the competitive service, who has at The Federal Register will be furnished by mail to subscribers, free of postage, for $1.50 Notices : least five years of creditable service, if per month or $15.00 per year, payable in ad­ Florida Power Corp.; hearing— 5772 there is a position in the competitive vance. The charge for individual copies Housing Expediter, Office of service held by an employee in a lower (minimum 150) varies in proportion to the Rules and regulations: group. size of the issue. Remit check or money Rent, controlled; housing and (d) Reasonable offer of reassignment. order, made payable to the Superintendent rooms in rooming houses and An offer of reassignment must be to a of Documents, directly to the Government specific position which is expected to con­ Printing Office, Washington 25, D. C. other establishments in cer­ There are no restrictions on the republica­ tain States______5760 tinue at least three months. Any offer of reassignment is reasonable if accepted tion of material appearing in the Federal Immigration and Naturalization Register. by the employee as reasonable with Service knowledge of the facts. An offer of reas­ Notices : signment which is not acceptable to the 7 949 Edition Organization change of Central employee will not be considered as rea­ Office; Assistant Commission­ sonable if it requires a change in local er, Research, Education and commuting area when a reassignment CODE OF FEDERAL Information Division------5774 under the foregoing provisions could be REGULATIONS Internal Revenue Bureau made within the local commuting area, Proposed rule making: or if it involves a reduction in rank or The following book Is now available: Distilled spirits, warehousing; compensation when a reassignment under the foregoing provisions could be Title 20 ($2.75) simplification and standardi­ zation of warehouse records_ 5763 made without reduction in rank or com­ Previously announced: Title 3, 1948 Supp. Rules and regulations: pensation. ($2.75); Titles 4 -5 ($2.25); Title 6 ($3.00); Distilled s p irits , production; 3. Effective upon publication in the Title 7: Parts 1-201 ($4.25); Parts 2 1 0- withdrawal of samples for lab­ F ederal R egister, § 20.13 is amended to 874 ($2.75)) Parts 900 to end ($3.50); oratory analysis______5761 read as follows: Title 8 ($2.75); Title 9 ($2.50); Titles 10-13 ($2.25); Title 14: Parts 1-399 Justice Department §20.13 Appeals, (a) Any employee ($3.50); Parts 400 to end ($2.25); Title See Alien Property, Office of; Im­ notified of proposed action by reduction 15 ($2.50); Title 16 ($3.50); Title 17 migration and Naturalization in force who believes that the regulations ($2.75); Title 18 ($2.75); Title 19 ($3.25) Service. in this part have not been correctly ap­ Order from Superintendent of Documents, Securities and Exchange Com­ plied may appeal to the appropriate of­ Government Printing Office, Washington mission fice of the Civil Service Commission, 25, D. C. Notices : stating reasons for believing the pro­ Hearings, etc.: posed action to be improper, within ten Arkansas Power & Light Co— 5774 days from the date he received notice of Columbia Highlands Co_____ 5772 the proposed action, or within ten days CONTENTS— Continued Standard Gas and Electric after a decision by the agency on his Co______-______5773 answer to any notice giving him an op­ Federal Communications Com- Page Utah Power & Light Co_____ 5672 portunity to answer. mission— Continued West Penn Electric Co______5773 (b) The Commission will not consider Notices—Continued Treasury Department the correctness of an efficiency rating as Hearings, etc.—Continued See Internal Revenue Bureau. Quinones, Jose Ramon, and a basis for appeal under the regulations WPTF Radio Co______5769 in this part unless the appellant is a per­ Radio Reading------5771 CODIFICATION GUIDE manent or war service indefinite pref­ Radio St. Clair, Inc______5768 A numerical list of the parts of the Code erence eligible, the rating appealed is less San Antonio Television Co— 5771 of Federal Regulations affected by documents than "Good,” there is no efficiency rating Sims, Bartley T., and Men­ published in this issue. Proposed rules, as board of review established under section docino Broadcasting Co— 5769 opposed to final actions, are identified as 9 of the Classification Act of 1923, as Southern California Broad­ such. amended, to which he can appeal, and casting Co. (KWKW) et al_ 5766 Title 5 Page diligent use has been made of adminis­ Sun Valley Broadcasting Co., Chapter I: trative appeals procedures or justifica­ Inc. (KTYL) (2 docu­ Part 20—______5753 tion is given for failure to use such pro­ ments) ______5770 cedures. Consideration of such appeals Sunshine Television Corp. Title 6 (WSEE)______— 5771 Chapter IV: shall be limited to ascertaining whether Tampa Broadcasting Co. Part 646 (4 documents)------5755, the efficiency rating should be "less than (WALT)______5770 5757,5758, 5760 ‘Good’ ” or " ‘Good’ or better.” (Sec. 505, Wednesday, September 21, 1949 FEDERAL REGISTER 5755 47 Stat. 416; sec. 14, 58 Stat. 390; 6 cause to be determined the eligibility of (2) The beneficial interest in the pea­ U. S. C. 669, 863) the producer; the eligibility, quantity and nuts must be in the person tendering the (c) Commission determinations of grade of the peanuts; the amount of the peanuts for a loan, and must have al­ qualifications for specific positions, in the loan; and the value of the peanuts de­ ways been in him or must have been in consideration of appeals under regula­ livered under a loan. All loan documents him and a former producer whom he suc­ tions in this part, shall be on the basis will be completed and approved by the ceeded before the peanuts were har­ of all available facts concerning such county committee which will retain copies vested. qualifications. of all such documents. The county com­ (3) The peanuts must be merchant­ (Secs. 11 and 19, 58 Stat. 390, 391; 5 mittee may designate in writing certain able farmers stock peanuts, containing U. S. C. 860, 868) employees of the county agricultural less than 5 percent damaged kernels. conservation association to execute on The term “merchantable farmers stock U nited S tates Civil S erv­ behalf of the committee any forms and peanuts” means peanuts in the shell ice Commission, documents in connection with this pro­ which contain not in excess of 9 Via per­ [seal] Harry B. Mitchell, gram. Chairman. cent moisture in the Southeastern and § 646.102 Availability of loans—(a) Southwestern areas and not in excess of [F. R. Doc. 49-7582; Piled, Sept. 20, 1949; IOV2 percent moisture in the Virginia- 8:48 a. m.] Area. Loans shall be available on eligi­ ble peanuts as of August 1, 1949, in ap­ Carolina area, which have been produced proved farm storage in all areas. in the continental United States, and which have not been cleaned, shelled, TITLE 6— AGRICULTURAL CREDIT (b) Time. Loans shall be available from August 1,1949, through January 31, crushed or otherwise changed from their Chapter IV— Production and Market- 1950. Notes and chattel mortgages must natural state after picking or threshing. , . ing Administration and Commodity be signed by the producer and delivered § 646.105 Approved storage. Ap­ Credit Corporation, Department of to the county committee on or before proved farm storage consists of struc­ Agriculture January 31, 1950. tures located either on or off the farm (c) Source. Loans will be made avail­ (provided no warehouse receipts are out­ Subchapter C— Loans, Purchases, and Other able through the offices of county com­ standing) which, as determined by the Operations mittees. Disbursements on loans will be County Committee, are of such construc­ [1949 C. C. C. Peanut Bulletin 1J made to producers by State PMA offices tion as will afford safe storage of the P art 646—P eanuts by means of sight drafts drawn on CCC, peanuts. The structure must be sub­ or by approved lending agencies under stantial, dry and well-ventilated. A pro­ SUBPART— 1949 PRODUCER LOANS agreement with CCC. Disbursements on ducer who places farm storage peanuts This bulletin states the requirements loans will be made not later than Febru­ under loan is obligated to maintain the with respect to producer loans under the ary 15,1950, except where specifically ap­ farm storage structure in good repair 1949 Crop Peanut Price Support Program proved by the Director, Fats and Oils and to keep the peanuts in good condi­ formulated by Commodity Credit Corpo­ Branch, in each instance. tion. ration (hereinafter referred to as “CCC”) § 646.103 Approved lending agencies. § 646.106 Approved forms. The ap­ and the Production and Marketing Ad­ An approved lending agency shall be any proved forms consist of the Producer's ministration (hereinafter referred to as bank, cooperative marketing association, Note on Commodity Loan Form A, se­ “PMA”). Loans will be available to pro­ corporation, partnership, individual, or cured by a chattel mortgage on Com­ ducers in accordance with this bulletin other legal entity with which CCC has modity Loan Form AA, which, together on eligible peanuts produced in 1949. The entered into a lending agency agreement with the provisions of this bulletin and program will be carried out by PMA un­ (Form PMA-97 or other form prescribed any supplements or amendments thereto, der the general supervision and direction by CCC), or loan servicing agreement. govern the rights and responsibilities of of the Manager, CCC. § 646.104 Eligible producer and eligi­ the producer. Notes and chattel mort­ Sec. ble peanuts—(a) Eligible producer. An gages must have State and documentary 646.101 Administration. eligible producer shall be any individual, revenue stamps affixed thereto where re­ 646.102 Availability of loans. partnership, association, corporation, or quired by law. Loan documents exe­ 646.103 Approved lending agencies. cuted by an administrator, executor, or 646.104 Eligible producer and eligible pea­ other legal entity who, as landowner, nuts. landlord, tenant, or sharecropper is en­ trustee, will be acceptable only where 646.105 Approved storage. titled to share in the peanuts produced legally valid. 646.106 Approved forms. in 1949 on a farm on which there is no § 646.107 Loan rates. The basic rate 646.107 Loan rates. excess acreage. 646.108 Determination of grade and quan­ of the loan on eligible peanuts is 10.53 tity. The term “excess acreage” means the cents per pound, which is 90% of parity 646.109 Liens. acreage by which the farm peanut acre­ as of August 1,1949. Specific loan rates, 646.110 Service fees. age exceeds the farm allotment, but there based on type, grade, quality, and mois­ 646.111 Set-offs. will be no excess acreage if the farm pea­ ture content, are shown in Supplement 1 646.112 Interest rate. nut acreage is 1.0 acres or less. to this bulletin. No premium will be 646.113 Transfer of producer’s equity. The term “farm peanut acreage” allowed for extra large kernels in Vir­ 646.114 Insurance. means the acreage on the farm planted ginia type peanuts. 646.115 Loss or damage to the peanuts. topeanuts in 1949, as determined by the 646.116 Personal liability. county committee, less any such acre­ § 646.108 Determination of grade and 646.117 Maturity and satisfaction. quantity—(a) Determination of grade. 646.118 Removal and release of the peanuts age with respect to which it is estab­ under loan. lished by the farm operator or otherwise, The grade will be determined by a Fed­ 646.119 Purchase of notes. to the satisfaction of the county commit­ eral or Federal-State inspector on the 646.120 PMA Commodity Offices. tee, that the entire production therefrom basis of a sample taken by the county has not and cannot be picked or threshed Authority: §§ 646.101 to 646.120 issued committee. Factors considered in deter­ under sec. 4 (d), Pub. Law 806, 80th Cong.: either before or after marketing from the mining the grade of peanuts are percent­ interpret or apply sec. 5 (a), Pub. Law 806, farm. age of sound mature kernel content, 80th Cong., sec. 1 (a), Pub. Law 897, 80th The execution of form Peanut 116, moisture content, the percentage of dam­ Cong. “Agreement by Operator of Overplanted age, and the foreign material content. Farm” as provided in § 646.143 of 1949 (b) Determination of quantity. The § 646.101 Administration. I n t h e CCC Peanut Bulletin 3, does not make quantity shall be the net weight (gross field, the program will be administered any producer on the farm eligible for weight less foreign material) of peanuts through State PMA committees, county a loan under this bulletin. at the time they are placed under the agricultural conservation committees (b) Eligible peanuts. Eligible peanuts loan. If the peanuts are stored in bags (hereinafter referred to as county com­ shall be peanuts which meet the follow­ the County Committee will weigh a suffi­ mittees) and PMA commodity offices. ing requirements. cient number of bags to determine the Forms will be distributed through the (1) The peanuts must be of the 1949 gross weight of peanuts to be placed un­ offices of State and county committees. crop and must be produced by an eligible der the loan. The gross weight of pea­ County committees will determine or producer. nuts in bulk storage will be determined 5756 RULES AND REGULATIONS on the basis of the number of cubic feet physical loss or damage occurring with­ remove the peanuts and sell them either in the storage structure occupied by the out fault, negligence or conversion on by separate contract or after pooling peanuts multiplied by the weight listed the part of the producer or any other them with other lots of peanuts similarly below for the type of peanuts in storage: person having control of a storage struc­ held. ture not located on the farm, resulting If the peanuts are pooled, the producer Weight solely from an external cause other than has no right of redemption after the date Variety: I c u - f t * Spanish------_------20 lbs. insect infestation or vermin, will be as­ the pool is established, but shall share Runner______19 lbs- sumed by CCC: Provided, The producer ratably in any over-plus remaining upon Virginia______18 lbs. has given the county committee imme­ liquidation of the pool. CCC shall have - diate notice in writing of such loss or the right to treat the pooled peanuts as a § 646.109 Liens. The peanuts must be damage, and provided there has been no reserve supply to be marketed under such free and clear of all liens and encum­ fraudulent representation made by the sales policies as CCC determines will pro­ brances, or if liens or encumbrances exist producer in the loan documents or in mote orderly marketing, protect the in­ on the peanuts, proper waivers must be obtaining the loan. terests of producers and .consumers and obtained. § 646.116 Personal liability. The not unduly impair the market for the § 646.110 Service fees. The producer making of any fraudulent representa­ current crop of peanuts, even though shall pay a service fee of $3.00 or 30 tions by the producer in the loan docu­ part or all of the pooled peanuts are dis­ cents a ton, or fraction thereof, which­ ments, or in obtaining the loan, or the posed of at prices less than the current ever is greater, and an inspection fee of conversion or unlawful disposition of any domestic price of such peanuts. Any 50 cents per ton. The producer shall portion of the peanuts by him shall ren­ sum due the producer as a result of the pay the $3.00 minimum service fee prior der the producer subject to criminal sale of the peanuts or of insurance pro­ to inspection of the storage structure. prosecution under Federal law and ren­ ceeds thereon, or any ratable share re­ The balance of the service fee, if any, der him personally liable for the amount sulting from the liquidation of the pool, shall be collected from the proceeds of of the loan and for any resulting ex­ shall be payable only to the producer, the loan. The inspection fee of 50 cents pense incurred by any holder of the note. without a right of assignment by him. per ton shall be collected by the County (b) Release of the peanuts under loan. Committee for the account of the Fed­ § 646.117 Maturity and satisfaction. A producer may at any time obtain re­ eral-State Inspection Service by deduc­ Loans mature on demand but not later lease of peanuts remaining under loan by tion from the proceeds of the loan. No than June 1, 1950. The producer is re­ paying to the holder of the note, the refund of service or inspection fees will quired to pay off his loan on or before principal amount thereof, plus charges be made. maturity, or to deliver the mortgaged and accrued interest. If the note is held peanuts in accordance with instructions by an out-of-town lending agency or by § 646.111 Set-offs. If the producer is of the county committee. If the pro­ CCC, the producer may request that the indebted to CCC on any accrued obliga­ ducer refuses to deliver the mortgaged note be forwarded to a local lending tion or if any installments past due or peanuts in accordance with instructions agency or to the county committee for maturing within twelve months are un­ of the county committee, he will be re­ collection. All charges in connection paid on any loan made available-by CCC sponsible for the cost of delivering the with the collection of the note shall be on farm storage facilities, whether held peanuts. When the peanuts are deliv­ paid by the producer. Upon payment of by CCC or a lending agency, he must des­ ered, the producer is required to deliver the loan, the county committee should ignate CCC or such lending agency as the all the peanuts stored in the structure be requested to release the mortgage by payee of the proceeds of the loan to the with the mortgaged peanuts; and in de­ filing an instrument of release or by exe­ extent of such indebtedness or install­ termining the settlement value of the cuting a marginal release on the county ments, but not to exceed that portion of peanuts, credit will be given for the total records. Partial release of the peanuts the proceeds remaining after deduction quantity delivered. The settlement prior to maturity may be arranged with of loan service fees and amounts due value shall be computed at the applicable the county committee by paying to the prior lienholders. rate specified in Supplement 1 to this holder of the note the amount of the loan, If the producer is indebted to any other bulletin, based on the type, grade, qual­ plus charges and accrued interest, repre­ agency of the U. S., and such indebted­ ity, and moisture content of the peanuts sented by the quantity of the peanuts to ness is listed on the county debt register, delivered. The quantity on which the be released. he must designate such agency as the settlement value will be determined shall payee of the proceeds as provided above. be the net weight (gross weight less for­ § 646.119 Purchase of notes. CCC will Indebtedness owing to CCC or to a eign material) of the peanuts delivered purchase, from approved lending agen­ lending agency as provided above shall plus an allowance of 1% of the delivered cies, notes evidencing approved loans be given first consideration after claims gross weight. which are secured by chattel mortgages. of prior lienholders. If the settlement value of the peanuts The purchase price to be paid by CCC § 646.112 Interest rate. Loans shall delivered exceeds the amount due on the will be the principal sum remaining due bear interest at the rate of 3 percent per loan, the amount of the excess shall be on such notes, plus accrued interest from annum, and interest shall accrue from paid to the producer by a sight draft the date of disbursement to the date of the date of disbursement of the loan, not­ drawn on CCC by the State PMA Office. purchase at the rate of l x/2 percent per withstanding the printed provisions of If the settlement value of the peanuts annum. Lending agencies are required the note. delivered is less than the amount due on to submit Commodity Credit Corporation the loan, the amount of the deficiency, Form 500 or such other form as CCC § 646.113 Transfer of producer’s plus interest, shall be paid by the pro­ may prescribe, covering all payments re­ equity. The right of the producer to ducer to CCC, and may be set off against ceived on producer’s notes held by them, transfer either his right to redeem the any payment which would otherwise be and are required to remit to CCC an peanuts under the loan or his remaining made to the producer under any agricul­ amount equal to IV2 percent per annum interest may be restricted by CCC. tural program administered by the Secre­ of the amount of the principal collected from the date of disbursement to the § 646.114 Insurance. CCC will not re­ tary of Agriculture, or any other pay­ ments which are due or may become due date of payment. Lending agencies quire the producer to insure the peanuts to the producer from CCC, or any other should submit notes and reports to the placed under the loan; however, if the agency of the United States. In the PMA Commodity Office serving the area. producer does insure such peanuts, such event the farm is sold or there is a change § 646.120 PMA Commodity Offices. insurance shall inure to the benefit of of tenancy, the peanuts may be delivered CCC to the extent of its interest, after The PMA Commodity Offices and the before the maturity date of the loan, peanut growing area served by each are first satisfying the producer’s equity in upon prior approval by the county com­ the peanuts involved in the loss. mittee. shown below: § 646.115 Loss or damage to the pea­ § 646.118 Removal and release of the Addresses and Areas nuts. The producer is responsible for peanuts under the loan—(a) Removal of Atlanta 3, Ga„ 449 West Peachtree Street any loss in grade and for any loss in the peanuts under loan. If the loan is NE.: Alabama, Florida, Georgia, Mississippi, weight in excess of 1% of the delivered not satisfied upon maturity by payment North Carolina, South Carolina, Tennessee, gross weight; except that uninsured or delivery, the holder of the note may Virginia. Wednesday September 21, 1949 , FEDERAL REGISTER 5757 Dallas 2, Tex., 1114 Commerce Street: Ar­ kansas, Louisiana, New Mexico, Oklahoma, (2) The following are the PMA Com­• 9%% moisture in the Southeast and Texas, modity Offices through which direct loans Southwest Areas and not in excess of Kansas City 6, Mo, Postal Building, 802 may be obtained and through which 10V2% moisture'in the Virginia-Carolina Delaware Avenue: Missouri. lending agencies will execute 1949 CCC Area, which have been produced in the San Francisco 3, Calif, 50 Van Ness Ave­ Peanut Form 717. Copies of the forms continental United States and which have nue: Arizona, California. referred to in this bulletin may be ob­ not been cleaned, shelled, crushed or Issued this 15th day of September 1949. tained from these offices: otherwise changed from their natural Areas and Offices state after picking and threshing. [seal] Elmer P. K ruse, (i) For the Virginia-Carolina area consist­ (f) Such peanuts must be stored in Manager, approved warehouses and must be rep­ Commodity Credit Corporation. ing of the States of Virginia, North Carolina, Tennessee, Missouri, Kentucky, and that part resented by negotiable warehouse re­ Approved: of South Carolina north and east of the ceipts. Santee, Congaree and Broad Rivers, and (ii) (g) Such peanuts must be stored sepa­ R alph S. T rigg, For the Southeastern Area consisting of the President, rately by type. States of Georgia, Alabama, Mississippi, Flor­ (h) Such peanuts must have been Commodity Credit Corporation. ida, and that part of South Carolina south purchased from producers not more than [F. R. Doc. 49-7618; Filed, Sept. 20. 1949; and west of the Santee, Congaree, and Broad 30 days prior to the date on which the 8:55 a. m.] Rivers, and that part of Louisiana east of the Mississippi River: PMA Commodity Of­ sheller files his application for advance fice, U. S. Department of Agriculture, 449 CCC Peanut Form 717C, with respect West Peachtree Street NE.: Atlanta 3, Ga. thereto. (iii) For the Southwestern Area consisting [1949 C. C. C. Peanut Bulle tra 2] of the States of Texas, Oklahoma, Arkansas, § 646.125 Approved storage. Ware­ houses must be approved in writing by P art 646—P eanuts New Mexico, Arizona, California, and that part of Louisiana west of the Mississippi CCC. Warehousemen, except ware­ SUBPART— 1949 SHELLER LOANS River: PMA Commodity Office, U. S. Dept, of housemen licensed under the U. S. Ware­ Agriculture, 1114 Commerce Street, Dallas 2, house Act, will be required to submit This bulletin states the requirements Tex. with respect to sheller loan operations copies of their warehouse receipts, a under the 1949 Crop Peanut Price Sup­ § 646.122 Availability. Loans will be properly certified current financial state­ port Program formulated by Commodity available from August 1, 1949, through ment, a copy of the bond under which Credit Corporation (hereinafter referred June 15,1950, to eligible shellers on eligi­ the warehouse is operating, and such to as “CCC”) and the Production and ble peanuts stored in approved ware­ other information as CCC may request. Marketing Administration (hereinafter houses. The maturity date shall be Warehousemen desiring approval should referred to as “PMA”) . Loans will be August 31,1950, unless extended by CCC, communicate with the Fats and Oils made available to shellers in accordance but notes shall be payable earlier upon Branch, PMA, Washington 25, D. C. with this bulletin. demand. § 646.126 Loan rates. Loan rates Sec. § 646.123 Eligible sheller. An eligible shall be $10.00 per ton less than the 646.121 Administration. sheller shall be any person engaged in prices for designated types and grades as 646.122 Availability. shelling peanuts who has entered into a shown in Supplement 1 to this Bulletin. 646.123 Eligible sheller. 646.124 Eligible peanuts. 1949 Sheller Contract, CCC Peanut Form § 646.127 Approved forms, (a) 646.125 Approved storage. 701. The applicable PMA Commodity Loans shall be evidenced by promissory 646.126 Loan rates. Office will advise lending agencies as to notes, payable to CCC or the lending 646.127 Approved forms. tlie eligibility of shellers. agency, executed by the sheller on CCC 646.128 Determination of grade. Peanut Form 717B, Sheller Note. 646.129 Lending agency records. 1 646.124 Eligible peanuts. Eligible peanuts shall be peanuts which meet all (b) In addition to the notes, the fol­ 646.130 Lending agency reports. lowing documents will be required: 646.131 Assignment of indebtedness to the following requirements: commodity. (a) Such peanuts must be of the 1949 (1) Application for Advance, CCCf 646.132 Payment of interest. crop, must have been produced by an eli­ Peanut Form. 717C, in which the sheller 646.133 Release of peanuts. gible producer, as defined in § 646.143 of certifies that the peanuts on which he is requesting a loan were purchased at not Authority: §§ 646.121 to 646.133 issued 1949 CCC Peanut Bulletin 3, and when under sec. 4 (d), Pub. Law 806, 80th Cong.; marketed by the producer, must have less than full support prices and that Interpret or apply sec. 5 (a), Pub. Law 806, been properly identified in accordance such peanuts meet the eligibility require­ 80th Cong, 6ec. 1 (a), Pub. Law 897, 80th with the Marketing Quota Regulations ments in § 646.124. Cong.; for the 1949 Crop of Peanuts on a valid (2) Warehouse receipts approved by memorandum of sale from a within quota CCC both as to warehouse arrangement § 646.121 Administration, (a) The and as to form of receipt. program will be carried out by the ap­ marketing card, Form Peanut 109, issued and in effect for the farm on which the (3) Inspection certificates issued by propriate branches and commodity offices a Federal or Federal-State inspector. of PMA, under the general direction and peanuts were produced. (b) Such peanuts must be free and (4) Insurance policies or other satis­ supervision of the Manager, CCC. clear of all liens and encumbrances in­ factory proof that the peanuts securing (b) In the field the program will be cluding landlord’s liens, or if liens and the loan have been insured on behalf of carried out through: encumbrances exist on the peanuts, CCC for not less than the loan value plus (1) Lending agencies who have ex­proper waivers must be obtained. $10.00 per ton against risk of loss or ecuted lending agency agreements with (c) Such peanuts must have been pur­ damage by fire, lightning, windstorm, CCC on 1949 CCC Peanut Form 717. chased by the sheller from a person who tornado, and other risks normally in­ These agreements will provide that the was the owner of the peanuts and who sured against by the sheller. Premiums lending agencies will retain one-half of had a legal right to sell such peanuts at on such insurance must be paid by the the interest collected and remit the bal­ the time of the sale. sheller and the policies kept in force ance to CCC, unless the loan indebtedness (d) At the time of purchase by the to the extent of the required insurance on is assigned to CCC, in which case the full sheller the beneficial interest in the pea­ peanuts at any time under loan. amount of the interest collected for the nuts must have been in the person from § 646.128 Determination of grade. period following the assignment will be whom the peanuts were purchased and, The grade (i. e., percentage of sound remitted to CCC. Lending agencies will in the case of peanuts purchased from a mature kernal content, including whole be paid a fee, as specified in the lending producer, must always have been in* him loose shelled kernels, the percentage of agency agreement, for services performed or in him and a former producer whom damage and moisture, the foreign ma­ as agent of CCC in connection with the he succeeded before the peanuts were terial content, and in the case of Vir­ assigned loan indebtedness. Shellers de­ harvested. ginia-type peanuts, the Extra Large siring to obtain loans may request their . (e) Such peanuts must be merchant­ Virginia shelled content) of each lot of customary banks to enter into such lend­ able farmers stock peanuts; i. e., peanuts farmers stock peanuts to be pledged as ing agency agreements. in the shell containing not in excess of security for a loan hereunder shall upon 5758 RULES AND REGULATIONS the delivery of such peanuts to the ap­ to the PMA Commodity Office the amount Agencies) operating under the CCC proved warehouse, be determined by a due as interest on loans made by CCC di­ Designated Agency Contract, through Federal or Federal-State inspector in ac­ rect, identifying the amount applicable to local warehousemen (hereinafter re­ cordance with such instructions as may each loan advance and the date and ferred to as Receiving Agencies) who be prescribed by CCC. amounts on which the interest compu­ enter into Receiving Agency Contracts tations were made. with Designated Agencies, and through § 646.129 Lending agency records. county Agricultural Conservation Com­ The lending agency shall maintain ac­ § 646.133 Release of peanuts. The mittees (hereinafter referred to as curate records of all loan transactions sheller may obtain the release of the County Committee). The Designated for each individual borrower. warehouse receipts representing the pea­ Agencies for the respective areas are as nuts pledged as security for the loan by § 646.130 Lending agency reports. paying the principal amount loaned on follows: Not later than the third day of each such peanuts plus the balance of the ac­ (a) For the Virginia-Carolina area: Grow­ month, the lending agency shall transmit crued and unpaid interest thereon. Re­ ers Peanut Cooperative, Franklin, Va. to CCC (at the applicable PMA Com­ (b) For the Southeastern area: GFA Pea­ demption of the peanuts represented by nut Association, Camilla, Ga. modity Office named in § 646.121) the one or more of the several warehouse re­ (c) For the Southwestern area: South­ following items for the preceding month ceipts covered by a note or application western Peanut Growers Association, Gor­ (or notice that no transactions were for advance will be permitted. In mak­ man, Tex. made, if such is the case): ing repayments of loans made by CCC (a) Report of Pe.anut Loan Held by direct, the amount due, available at par § 646.142 Availability—(a) Area. lending agency, 1949 CCC Peanut Form in the city in which the PMA Commod­ The program will cover the areas in 717A, for each borrower showing, by ity Office is located, must be forwarded to which peanuts are produced in the Unit­ dates, the charges in the loan account for that Office with information identifying ed States, described as follows: loans made and the quantity of peanuts the collateral being redeemed. (1) The Virginia-Carolina area con­ pledged as collateral, credits to loan sisting of the States of Virginia, North principal for repayments or for assign­ Issued and effective this 15th day of Carolina, Tennessee, Missouri, Kentucky, ments to CCC and the related quantities September 1949. and that part of South Carolina north of peanuts, and the balance of the loan [seal] Elmer F. K ruse, and east of the Santee, Congaree, and held by the lending agency and quantity Manager, Broad Rivers. Commodity Credit Corporation. (2) The Southeastern area consisting of collateral as at the beginning of the of the States of Georgia, Alabama, Mis­ period and on the date of each loan Approved: transaction. sissippi, Florida, that part of South Car­ (1) A copy of each Application for Ad­ R alph S. T rigg, olina south and west of the Santee, Con­ vance, CCC Peanut Form 717C, under President, garee, and Broad Rivers, and that part Commodity Credit Corporation. of Louisiana east of the Mississippi River. which loans were made during the (3) The Southwestern area consisting month. [P. R. Doc. 49-7621; Piled, Sept. 20, 1949; of the States of Texas, Oklahoma, Ar­ (2) Remittance payable to the order 8:55 a. m.I of CCC for one-half of the interest col­ kansas, New Mexico, Arizona, California, lected on the loan held by the lending and that part of Louisiana west of the Mississippi River. agency during the month. (b) Time. Purchases of eligible farm­ (b) Report of Peanut Loan held by [1949 C. O. C. Peanut Bulletin 8] CCC, 1949 CCC Peanut Form 717D, for ers stock peanuts from eligible producers each borrower showing, by dates, the P art 646—P eanuts will be made from August 1, 1949, charges to the loan account for loans SUBPART— 1949 PEANUT PURCHASE PROGRAM through June 15, 1950. Purchases of assigned to CCC and the related col­ eligible farmers stock peanuts from shell­ lateral, credits for repayments of loan This bulletin states the terms and con­ ers operating under the 1949 Peanut principal and the quantities of peanuts ditions with respect to purchase opera­ Sheller Contract will be made from De­ released and the balance of the loan held tions under the 1949 Crop Peanut Price cember 1, 1949, through April 30, 1950. for CCC and quantity of collateral as at Support Program formulated by the Purchases of No. 2 quality shelled pea­ the beginning of the month and on the Commodity Credit Corporation (herein­ nuts (and other kernels contained there­ date of each loan transaction. after referred to as “CCC”) and the Pro­ in) produced from eligible farmers stock duction and Marketing Administration peanuts will be made from -such shellers (1) Remittance payable to the order (hereinafter referred to as “PMA”). of CCC for full amount of interest col­ from August 1, 1949, and may be termi­ lected on the loan held for CCC during Purchases will be made from producers nated after August 1, 1950, upon 30-day and shellers in accordance with this written notice from CCC in accordance th e m onth. bulletin, with the 1949 Peanut Sheller Contract. § 646.131 Assignment of indebtedness to CCC. Lending agencies may assign sec. § 646.143 Eligible producer, (a) An 646.141 Administration. " eligible producer (1. e., a cooperator) the loan indebtedness to CCC in whole .646.142 Availability. or in part, but not less than the amount 646.143 Eligible producer. shall be any individual, partnership, as­ representing the sheller loan value ap­ 646.144 Eligible peanuts. sociation, corporation, or other legal en­ plicable to a single warehouse receipt. 646.145 Purchases from producers. tity who, as landowner, landlord, tenant, Such assignments must be made on the 646.146 Purchases from shellers. or sharecropper is entitled to share in the assignment form prescribed by CCC for 646.147 Purchase of excess peanuts. peanuts produced in 1949 : use in connection with the lending 646.148 Determination of grade. (1) On a farm on which there is no agency agreement. Payments for the 646.149 Determination of quantity. excess acreage of peanuts in 1949, or 646.150 Settlement. (2) On a farm for which-the farm op­ principal amount of the loan indebted­ 646.151 Support price. ness assigned to CCC will be made by 646.152 Set-offs. erator and the county committee (acting drafts drawn on CCC through a desig­ on behalf of CCC and the Secretary of Authority: §§ 646.141 to 646.152 issued Agriculture) execute Form Peanut 116, nated Federal Reserve Bank or branch under sec. 4 (d), Pub. Law 806, 80th Corfg.; bank. Drafts shall be supported by the interpret or apply sec. 5 (a), Pub. Law 806, Agreement by Operator of Overplanted signed original of the assignment (s). 80th Cong., sec. 1 (a), Pub. Law 897, 80th Farm. By executing such agreement, The original loan and collateral docu­ Cong. the farm operator agrees that there is ments relating to the loan indebtedness and will be no excess acreage of peanuts assigned to CCC shall be retained by the § 646.141 Administration. The pro­ on the farm and, upon breach of such gram will be administered by the appro­ undertaking, agrees to pay liquidated lending agency in trust for CCC. priate branches and commodity offices of § 646.132 Payment of interest. In­ PMA, under the general direction and damages to CCC, in addition to any terest at the rate of 3 percent per annum supervision of the Manager, CCC. In marketing penalties determined to be due is payable monthly by the sheller to the the field the program will be carried out the Secretary of Agriculture, in accord­ lending agency or other holder of the through peanut cooperative associations ance with the terms of such agreement. note. The sheller shall remit .monthly (hereinafter referred to as Designated Copies of Form Peanut 116 may be ob- Wednesday, September 21, 1949 FEDERAL REGISTER 5759 tained from the County Committee. gible farmers stock peanuts when pur­ § 646.149 Determination of quantity. The County Committee may decline to chased by shellers, or by other persons The quantity of peanuts to be purchased execute Form Peanut 116 in any case who sell to shellers, under the 1949 pea­ shall be the gross weight at time of de­ where it finds reasonable grounds to be­ nut sheller contract, may contain mois­ livery of the farmers stock peanuts or the lieve that such agreement will be used ture in excess of the percentage specified No. 2 shelled peanuts (and other kernels as a device to evade the requirements of in this paragraph for purchases by CCC. contained therein) less foreign material this program or the collection of market­ content. ing penalty. § 646.145 Purchases from producers. (b) (1) The term “excess acreage” Eligible farmers stock peanuts offered by § 646.150 Settlement. The producer means the acreage by which the farm eligible producers will be purchased by will be paid for peanuts delivered to a peanut acreage exceeds the farm allot­ CCC through Receiving Agencies. Receiving Agency by a draft drawn on ment, but there will be no excess acreage § 646.146 Purchases from shellers. CCC. Shellers will submit claim for if the farm peanut acreage is 1.0 acres CCC will purchase from shellers operat­ payment to and be paid through the or less. ing under the 1949 Peanut Sheller Con­ office of the Designated Agency serving (2) The term “farm peanut acreage” tract eligible farmers stock peanuts, and the area in which the sheller is located. means the acreage on the farm planted No. 2 shelled peanuts (and other kernels § 646.151 Support price, (a) Eligible to peanuts in 1949, as determined by the contained therein) produced from eligi­ farmers stock peanuts will be purchased county committee, less any such acreage ble farmers stock peanuts, which are of­ by CCC at prices which reflect 90 percent with respect to which it is established by fered to CCC in accordance with the pro­ of parity as of August 1, 1949. The spe­ the farm operator or otherwise, to the visions of such contract. This contract cific purchase prices are shown in Sup­ satisfaction of the county committee, requires the sheller to pay not less than plement 1 to this Bulletin. that the entire production therefrom has the applicable support prices for all (b) No. 2 shelled peanuts will be pur­ not and will not be picked or threshed eligible farmers stock peanuts purchased chased by CCC under the sheller contract either before or after marketing from the from eligible producers. Copies of the at the price CCC is required to pay for a farm. contract may be obtained from the Fats like quantity of sound mature kernels and Oils Branch, PMA, U. S. Department §646.144 Eligible peanuts. Eligible - in eligible farmers stock peanuts. Such of Agriculture, Washington 25, D. C., or price is specified in Supplement 1 to this peanuts shall be peanuts which meet all from the Designated Agencies shown in bulletin. the following requirements; § 646.141. (a) Such peanuts must be of the 1949 (c) The price of other kernels con­ crop, must be produced by an eligible § 646.147 Purchase of excess peanuts. tained in a lot of No. 2 shelled peanuts producer, and must be properly identified (a) CCC, through Receiving Agencies, will be determined by CCC on the basis in accordance with the Marketing Quota will purchase from producers on farms of market value. Regulations for the 1949 Crop of peanuts on which there is an excess acreage in § 646.152 Set-offs, (a) If a producer on valid memorandum of sale from a 1949 (i. e., noncooperators) a quantity or sheller selling peanuts to CCC under within quota marketing card, Form of 1949 crop merchantable farmers stock this program is indebted to CCC on any Peanut 109, issued and in effect for the peanuts produced on such farms which is accrued obligation, or if any installments farm on which the peanuts were not in excess of the quantity of peanuts past due or maturing within twelve produced. produced on the excess acreage, as de­ months are unpaid on any loan made (b) Such peanuts must be free and termined by the County Committee. available by CCC to the producer on farm clear of all liens and encumbrances in­ The price paid for such peanuts will be storage facilities, whether held by CCC or cluding landlord’s liens, or if liens and 60 percent of the applicable support price a lending agency he must designate CCC encumbrances exist on the peanuts, for eligible peanuts of the same type and or such lending agency as the payee of proper waivers must be obtained. grade, less the penalty determined to be the proceeds of the sale to the extent of (c) Such peanuts must be offered for due on the marketing of such peanuts such indebtedness or installments, but sale by a person who is the owner of the in accordance with the Marketing Quota not to exceed that portion of the proceeds peanuts and who has a legal right to sell Regulations for the 1949 crop of peanuts. remaining after deduction of amounts such peanuts. (b) All peanuts offered for purchase due prior lienholder. If the producer is (d) The beneficial interest in the pea­ under this section must be identified by indebted to any other agency of the nuts must be in the person offering the the excess marketing card, Form Peanut United States, and such indebtedness is peanuts for sale, and, in the case of pea­ 110, issued to the operator of the farm on listed on the county debt register, he nuts offered by a producer, must al­ which such peanuts were produced and must designate such agency as the payee ways have been in him or in him and by a certificate issued by the County of the proceeds as provided above. In­ a former producer whom he succeeded Committee showing the maximum quan­ debtedness owing to CCC or to a lending before the peanuts were harvested. tity of peanuts produced on such farm agency as provided above shall be given (e) In the case of purchases by CCC which may be purchased at the price first consideration after claims of prior from producers, such peanuts must be support rate for excess peanuts. lienholders. merchantable farmers stock peanuts. In Such peanuts also must meet the re­ (b) Shellers and Receiving Agencies the case of purchases by CCC from shell- quirements of paragraphs (b), (c), (d), purchasing peanuts from producers pur­ ers such peanuts must be either mer­ and (e), of § 646.144. suant to the 1949 Peanut Sheller and Re­ chantable farmers stock peanuts or mer­ § 646.148 Determination of grade. ceiving Agency Contracts shall collect chantable No. 2 shelled peanuts (and (a) The grade (i. e., percentage of sound and remit any indebtedness of such pro­ other kernels contained therein) which mature kernel content, including whole ducers to any agency of the United were produced from farmers stock pea­ loose shelled kernels, the percentage of States, as shown on the marketing card nuts meeting all eligibility requirements, damage, percentage of moisture, the for­ on which such peanuts are marketed, in other than maximum moisture content eign material content, and in the case of accordance with the Sheller and Receiv­ specified in this section. The term Virginia-type peanuts, the Extra Large ing Agency Contracts and instructions on “merchantable” as applied either to Virginia shelled content) of each lot of such marketing card. farmers stock peanuts or to shelled pea­ farmers stock peanuts delivered to a Issued this 15th day of September 1949. nuts, means peanuts containing not in Receiving Agency for purchase by CCC excess of 9%% percent moisture in the shall be determined by a Federal or Fed­ [seal] Elmer F. K ruse, Southeast and Southwest areas and not eral-State inspector, in accordance with Manager, in excess of 10 Yz percent moisture in instructions issued by CCC. Commodity Credit Corporation. the Virginia-Carolina area. The term (b) The grade of each lot of farmers Approved: “farmers stock peanuts” means peanuts stock peanuts and of No. 2 shelled pea­ in the shell which have been produced in nuts (and other kernels contained there­ R alph S. T rigg, the continental United States and which in) purchased by CCC from shellers shall President, have not been cleaned, shelled, crushed, be determined by a Federal or Federal- Commodity Credit Corporation. or otherwise changed from their natural State inspector in accordance with the [P. R. Doc. 49-7620; Piled, Sept. 20, 1949; state after picking and threshing. Eli­ provisions of the 1949 Sheller Contract. 8:55 a. m.J 5760 RULES AND REGULATIONS [1949 C. C. C. Peanut Bulletins 1, 2, 3, Supp. 1 as provided in § 646.107 of 1949 C. C. C. TITLE 24— HOUSING AND (CCC Peanut Form 706, 1949 Crop) ] Peanut Bulletin 1; the prices to be used in determining the rates of loans to HOUSING CREDIT P art 646—P eanuts shellers, as provided in § 646.126 of 1949 Chapter VIII— Office of Housing SUBPARTS— 1949 PRODUCER LOANS, 1949 C. C. C. Peanut Bulletin 2; and the sup­ Expediter SHELLER LOANS, AND 1949 PEANUT PUR­ port prices at which CCC will purchase eligible farmers stock peanuts and No. 2 [Controlled Housing Rent Reg., Amdt. 165] CHASE PROGRAM shelled peanuts (and other kernels con­ This supplement contains the rates at tained therein) as provided in § 646.151 [Controlled Rooms in Rooming Houses and of 1949 C. C. C. Peanut Bulletin 3. Other Establishments Rent Reg., Amdt. which CCC will make loans to producers, 163] fProducer loan values and support prices for merchantable fanners stock peanuts at established receiving points and 1 prices for No. 2 shelled peanuts purchased from approved shellers] Part 825—R ent R egulations Under the H ousing and R ent Act of 1947, as Spanish and Spanish and Amended Valencia east Valencia west Runner ». Virginia type Sound mature kernels1 of Missis­ of Missis­ CERTAIN STATES sippi River sippi River The Controlled Housing Rent Regula­ tion (§§ 825.1 to 825.12) and the Rent Dollars per Dollars per Dollars per Regulation for Controlled Rooms in Percent ton ton ton Dollars per ton (») . (‘) («) (•) Rooming Houses and Other Establish­ 209.00 204.00 201.50 214.50 ments (§§ 825.81 to 825.92) are amended 206.00 201.10 198.60 211.40 203.00 198.20 195.70 208.30 in the following respects: 200.00 195.30 192.80 205.20 1. Schedule A, Item 20a, is amended to 197.00 192.40 189.90 202.10 194.00 189.50 187.00 199.00 Base grade price read as follows: (’) (») (») j (10) (20a) [Revoked and decontrolled.] This decontrols the entire Fayetteville, [Prices for No. 2 shelled peanuts and other kernels] Arkansas, Defense-Rental Area. 2. Schedule A, Item 82c, is amended to Type Spanish and Valencia Runner Virginia Other kernels read as follows: (82c) [Revoked and decontrolled.] 15H cents______16)4 cents...... Market value. This decontrols the entire Centralia, • i Includes whole loose kernels. The term “sound mature kernels’ ’ shall mean kernels which are free from damage Illinois, Defense-Rental Area. ne defined in the U. S. Standards for farmers stock (i) White Spanish peanuts in the case of Spanish and Valencia n ______j xtj___.AnnA/ttiwAlw in thti ooco o f 'Rnrvnor an d V lr d n ift nAftnnt.i: am i whifth 3. Schedule A, Item 97b, is amended to will not pass-wuuugu a ouicou uovm6|w 7«* ~ F V/ read as follows: inch perforations in the case of Virginia peanuts, (in) »je* x % : (97b) [Revoked and decontrolled.] pe»aForthe purpose of this program includes all peanuts excluding Valencia, which except for type, meet th e “F._S Standards for Farmers Stock Runner Peanuts (1931)” but do not meet the U. S. Standards for Farmers Stock Spamsh This decontrols the entire Princeton, or Farmers Stock Virginia type peanuts. . .__ . , Indiana, Defense-Rental Area. »$209.00 plus $3.00 per ton for each 1% above 70% sound mature kernels. «$204.00 plus $2.90 per ton for each 1% above 70% sound mature kernels. 4. Schedule A, Item 116a, is amended > $201.50 plus $2.90 per ton for each 1% above 70% sound mature kernels, to describe the counties in the Defense- e $214.50 plus $3.10 per ton for each 1% above 70% sound mature kernels. . Rental Area as follows: i $194.00 less $3.00 per ton for each 1% or fractional part thereof below 65% sound mature kernels. * $189.50 less $2.90 per ton for each 1% or fractional part thereof below 65% sound mature kernels. In Ellis County, the City of Hays. 9 $187.00 less $2.90 per ton or each 1% or fractional part thereof below 65% sound mature kernels. In Pawnee County, the City of Larned. 10 $199.00 less $3.10 per ton for each 1% or fractional part thereof below 65% sound matire kernels. Note 1: In the southeastern and south­ each full 1% of foreign material in excess This decontrols Ellis County, Kansas, western areas add to the above prices % of of 15% deduct $1.00. except the City of Hays, a portion of 1% for each full % of 1% moisture below N ote 6: Above prices are for peanuts de­ the Great Bend, Kansas, Defense-Rental 7% a-nd deduct y2 of 1% for each full y2 of livered in bulk in the Southeastern peanut Area. 1% of moisture above 7%. In the Virginia- area. In other areas peanuts must be de­ 5. Schedule A, Item 130b, is amended Carolina area add to the above prices y2 of livered in sacks as is the usual custom. to read as follows: 1% for each full % of 1% moisture below Note 7: Above prices are for eligible farm­ (130b) [Revoked and decontrolled.] 8% and deduct % of 1% for each full y2 of ers stock peanuts produced by cooperating 1% moisture above 8%. No peanuts con­ This decontrols the entire Ferriday, taining more than 9V2% moisture (10y2% producers. Prices for excess farmers stock moisture in the Virginia-Carolina Area) will peanuts produced by noncooperating pro­ Louisiana, Defense-Rental Area. be purchased by or for the account of CCC, ducers, which are purchased for account of 6. Schedule A, Item 136, is amended to nor will sheller or producer loans be made OCO by receiving agencies, will be computed read as follows : on peanuts containing moisture in excess at the rate of 60% of above prices. Market­ of such percentages. ing penalties will be deducted from the pur­ (136) [Revoked and decontrolled.] Note 2: Add to the above prices for Vir­ chase prices for excess peanuts. ginia type peanuts 50 <5 per ton as a premium This decontrols the entire Bath, Maine, for each full 1% of Extra Large kernels In (Sec. 4 (d), Pub. Law 806, 80th Cong. Defense-Rental Area. excess of 15%. Such premium will not be 7. Schedule A, Item 134c, is amended Interpret or apply secs. 4 (g), (1), 5 (a), to read as follows: allowed on loans made to producers under Pub. Law 806, 80th Cong., sec. 1, Pub. 1949 CCC Peanut Bulletin 1. Extra large (134c) [Revoked and decontrolled.] kernels shall mean any shelled Virginia pea­ Law 897, 80th Cong.) nuts which are whole and which are free This decontrols the entire Augusta, Issued this 15th day of September Maine, Defense-Rental Area. from noticeably discolored or damaged pea­ 1949. nuts as defined in the U. S. Standards for 8. Schedule A, Item 135, is amended Shelled Virginia peanuts (Effective Novem­ [seal] Elmer P. K ruse, to read as follows : ber 1, 1939) and which will not pass through Manager, (135) [Revoked and decontrolled.] a screen having 2iy2/64 x 1 inch perforations. Commodity Credit Corporation. Note 3: Deduct from the above prices This decontrols the entire Bangor, $3.00 per ton for each full 1% damage in ex­ Approved: Maine, Defense-Rental Area. cess of 1%. R alph S. T rigg, 9. Schedule A, Item 170b, is amended Note 4: No producer loans will be made President, to read as follows: on peanuts containing 5% or more damage. Commodity Credit Corporation. (170b) .[Revoked and decontrolled.] Note 5: Deduct from the above prices 50tf per ton for each full 1% foreign material in [F. R. Doc. 49-7619; Filed, Sept. 20, 1949; This decontrols the entire Monette- excess of 3% but not in excess of 15%. For 8:56 a. m.] Aurora, Missouri, Defense-Rental Area. Wednesday, September 21, 1949 FEDERAL REGISTER 5761 All decontrols effected by this amend­ aggregate, of the product of each batch a serial number beginning with *T” for ment are on the Housing Expediter’s own distilled ; the first application and running con­ initiative, in accordance with section 204 (c) Where the distiller desires to ob­ secutively thereafter. The application (c) of the Housing and Rent Act of 1947, tain spot-samples from various plates of should specify the reasons why the sam­ as amended. a still in the course of distilling a day’s ples are desired, the number and size (Sec. 204 (d), 61 Stat. 197, as amended, production, samples, not exceeding one of the samples to be taken, and the place 62 Stat. 37, 94, Pub. Law 31, 81st Cong.; quart in the aggregate, from each of the or places of removal. Where it is de­ 50 U. S. C. App. 1894 (d)) various plates; sired to remove samples regularly for the (d) Where special conditions prevail, purpose specified, except samples subject This amendment shall become effec­ such as the necessity for determining the to tax payment, the application may be tive September 16, 1949. efficiency of a new still, or for other valid made for that purpose. Where sam­ Issued this 16th day of September 1949. reasons, which require additional sam­ ples subject to tax payment are desired, ples of unfinished spirits for analytical application shall be submitted each day T ighe E. W oods, purposes during specified periods, the Housing Expediter. such samples are to be procured. No application required by § 183.266’ shall be sample may be taken until the applica­ [F. R. Doc. 49-7573; Filed, Sept. 20, 1949; submitted by the storekeeper-gauger to tion is approved. (Sec. 3176,1. R. C.) 8:46 a. m.] the district supervisor for his approval prior to the withdrawal of the additional § 183.267 Approval of application. samples. The size of such samples shall The storekeeper-gauger must satisfy TITLE 26— INTERNAL REVENUE not exceed one quart, and the number of himself as to the need for the number of samples must be restricted to the mini­ samples desired and the legitimacy of the Chapter I— Bureau of Internal Reve­ mum necessary for analytical purposes; purpose for which they are to be used nue, Department of the Treasury (e) Where the distiller desires samples before approving the application. The in excess of those provided for in para­ storekeeper-gauger, upon approval or Subchapter C— Miscellaneous Excise Taxes disapproval of the application, shall re­ [T. D. 5747] graphs (a), (b), (c), and (d) of this sec­ tion, he may remove such samples : Pro­ turn one copy to the warehouseman, for­ P art 183—Production of D istilled vided, That, if in containers of less than ward one copy to the district supervisor, Spirits one proof gallon, such removal shall be and retain the original copy in his office. (Sec. 3176,1. R. C.) WITHDRAWAL OF SAMPLES FOR LABORATORY subject to payment of tax in accordance ANALYSIS with the provisions of § 183.270a (b), and, § 183.269 Label. At the time of the if in containers of one proof gallon or withdrawal of a sample, the proprietor 1. On June 22,1949, notice of proposed more, such removal shall be made pur­ shall prepare a label and a copy thereof. rule-making regarding the withdrawal of suant to tax payment in accordance with The label and copy shall be prepared on samples of distilled spirits by registered the provisions of §§ 183.293 to 183.296. paper having approximate dimensions of distillers was published in the F ederal The size and number of samples taken 3" x 5". The proprietor shall show on R egister. (14 F. R. 3379) must be restricted to the m inimum the label and on the copy, in the order 2. After consideration of all such rel­ necessary for the purposes for which in­ listed and upon separate lines, the fol­ evant matter as was presented by inter­ tended. In authorizing the taking of lowing information: ested persons regarding the proposal, samples, the storekeeper-gauger will ex­ (a) The word “Sample”; §§183.3 (a), 183.264, 183.265, 183.266, ercise discretion with the view of allow­ (b) The serial number of the approved 183.267, 183.269, 183.270, 183.271, 183.275, ing sufficient samples to enable the dis­ application covering the withdrawal of 183.277 and 183.293 of Regulations 4 (26 tiller to determine the quality of the the sample; CFR, Part 183), approved February 28, product. (Sec. 3176, I. R. C.) (c) The kind of spirits; 1940, relating to the production of dis­ § 183.265 Finished spirits. The dis­ (d) The place from which the sample tilled spirits, are amended, and §§ 183.3 was removed; (n-1) and 183.270a are added to such tiller may take from the cistern room of regulations as follows: the distillery samples of distilled spirits (e) The name of the distiller followed for laboratory analysis. Such samples by the registered number of the distill­ § 183.3 Definitions. * * * shall not exceed one quart, in the aggre­ ery and the name of the State in which (a) “Approved containers” shall mean gate, in each 24-hour period from any located; casks, barrels, or similar wooden pack­ tank in the cistern room: Provided, That, (f) The size of the samples and, in re­ ages, or drums, or similar metal pack­ when a tank is filled and emptied and gard to samples in containers of less than ages, having a capacity of not less than filled again in the same 24-hour period, one proof gallon taken subject to pay­ 10 wine gallons each, or railroad tank samples, not to exceed one quart in the ment of tax, the quantity in proof gallons cars : Provided, That, for the withdrawal aggregate, may be taken from each fill­ extended to the fourth decimal place (the of samples for laboratory analysis, “ap­ ing of the tank. Such samples may be proof gallon content of other samples proved containers” shall mean any con­ withdrawn upon approval by the store­ need not be shown on the label); tainer of less than 10 wine gallons keeper-gauger in charge at the distillery (g) If the sample is to be analyzed at capacity. of an application filed in accordance with other than the immediate or contiguous the provisions of § 183.266. The taking premises of the proprietor, the name and (n-1) “Laboratory analysis” shall of samples from the cistern room at more address of the laboratory or purchaser mean the determination of the compo­ frequent intervals or in greater quanti­ to which the sample is to be sent. sition of distilled spirits by chemical, ties shall not be authorized: Provided, Upon completion, the label and the physical, or organoleptic examination. That, where the distiller desires samples copy shall be presented to the storekeep­ • • * * * in number or quantities in excess of these er-gauger, who shall verify the accuracy § 183.264 Unfinished spirits. Upon limitations, he may remove samples in of the data thereon, date and sign both approval by the storekeeper-gauger in containers of less than one proof gallon copies, and supervise the affixing of the charge at the distillery of an applica­ subject to payment of tax in accordance label to the sample container. Where tion submitted in accordance with the with the provisions of § 183.270a (b), and the label is to be placed upon a con­ provisions of § 183.266, the distiller may in containers of one proof gallon or more tainer of a sample taken subject to pay­ remove for laboratory analysis samples upon tax payment in accordance with ment of tax pursuant to the provisions of distilled spirits in the course of dis­ the provisions of §§ 183.293 to 183.296. of § 183.270a (b) the storekeeper-gauger (Sec. 3176, I. R. C.) shall write upon the label and the copy tillation and prior to their deposit in the the words “subject to taxpayment.” The cistern room, as follows: § 183.266 Application. When the dis­ copy of the label shall be filed by the (a) Samples, not exceeding three pints tiller desires to remove samples of un­ storekeeper-gauger in accordance with in the aggregate, of the product of each finished spirits or finished spirits for the provisions of § 183.270. The distiller still in a distilling unit in each 24-hour laboratory analysis under the provisions shall not be required to affix red strip period; of § § 183.264 and 183.265, respectively, he stamps to containers of taxable samples (b) Where a discontinuous or batch shall make application, in triplicate, to of spirits. Containers of samples of still, such as a gin still, is operated, sam­ the storekeeper-gauger in charge at the spirits in quantities of one proof gallon ples, not exceeding three pints in the distillery. The application shall be given or more taken subject to payment of tax, No. 182—-—3 5762 RULES AND REGULATIONS shall be marked, branded, and stamped, 1 183.275 For spirits under section (Secs. 2878, 2883 and 3176, I. R. C.; 26 in accordance with the provisions of 2883, I. R. C. Distilled spirits produced U. S. C., secs. 2878, 2883 and 3176) §§ 183.285 to 183.296: Provided, That at a proof in excess of 159 degrees and [seal] Geo. J. Schoeneman, where it is impracticable to so mark and reduced in the receiving cisterns to not Commissioner of Internal Revenue. brand a sample container, the manda­ more than 159 and not less than 100 de­ tory marks and brands may be shown on grees of proof may be drawn from such Approved: September 14,1949. an additional label affixed to the con­ cisterns into casks, barrels, or similar T homas J. Lynch, tainer. (Sec. 3176,1. R. C.) wooden packages, or into drums, or simi­ Acting Secretary of the Treasury. lar metal packages, having a capacity of § 183.270 Office record. The proprie­ [P. R. Doc. 49-7572; Filed, Sept. 20, 1949; not less than 10 wine gallons each, or 8:46 a. m.] tor shall furnish sufficient file cases into railroad tank cars, and taxpaid or for the filing and retention of sample transferred to any internal revenue records. The copies of labels shall be bonded warehouse for storage therein: TITLE 32— NATIONAL DEFENSE kept by the storekeeper-gauger as a rec­ Provided, That spirits of any proof to be ord of samples removed and shall be filed removed for laboratory analysis may be Chapter V— Department of the Army numerically by application number and drawn into containers or packages hav­ chronologically by date. If the distiller ing a capacity of less than 10 wine gal­ Subchapter D— Military Reservations and operates an internal revenue bonded lons each. The spirits may be drawn National Cemeteries warehouse on or contiguous to the dis­ into railroad tank cars only in case the P art 552—R egulations Affecting tillery premises, the record of samples premises of the distiller and the con­ Military R eservations removed from the distillery shall be signee are equipped with suitable rail­ maintained separately from the record road siding facilities. Such railroad USE OF DEPARTMENT OF THE ARMY REAL of samples removed from the warehouse. siding facilities must, in the case of ESTATE (Sec. 3176,1. R. C.) transfers in bond, extend into the re­ Sections 552.5, 552.11, 552.15e, and § 183.270a Report of taxable samples— ceiving warehouse. (Secs. 2883, 3176, 552.15f are revised, a new paragraph (e) (a) General. Taxable samples shall be I. R. C.) is added to § 552.7, and the opening por­ reported by the distiller on Form 1598 § 183.277 For spirits under section tion of § 552.18 is changed, as follows: in accordance with the instructions on 2878, I. R. C. Except as otherwise pro­ § 552.5 Purpose and scope. The pur­ the form. vided herein, distilled spirits which be­ pose of these regulations is to set forth (b) Containers of less than one gallon. fore reduction in the receiving cisterns the authorities, policies, basic procedures, Each day that samples in containers of are of a composite proof of not more and responsibilities for the granting of less than one proof gallon are withdrawn than 159 degrees shall be drawn into use of real estate under the control of the subject to payment of tax the store­ casks, barrels, or similar wooden pack­ Department of the Army within the con­ keeper-gauger shall enter on Form 1615, ages, or into drums, or similar metal tinental United States, its Territories and “Taxable Samples of Distilled Spirits,” packages, having a capacity of not less possessions, and elsewhere except within in quadruplicate, a record of the taxable than ten wine gallons each. Such dis­ occupation zones. samples removed. All the information tilled spirits, for the purpose of exporta­ called for by the form shall be furnished. § 552.7 Policy. * * * tion only, may be drawn into wooden (e) Public safety. The Department of At the end of each month the store­ packages, each containing two or more keeper-gauger shall complete the report, the Army will not authorize the use of metallic cans having a capacity of not lands or buildings and improvements retain one copy of the form and deliver less than five wine gallons each. The the remaining three copies to the distil­ which are contaminated with explosive or construction of such wooden packages toxic materials, or other innately or po­ ler, who shall forward the three copies to for exportation, and the filling, marking, the collector with remittance for the tax tentially harmful elements, for nonmili­ and branding thereof, must conform to tary purposes when such action will en­ due. The collector shall execute his the specifications set forth in the regu­ certificate of taxpayment on each copy of danger the lives of individuals or the lations governing the warehousing of dis­ public. the form, retain one copy, and return the tilled spirits (26 CFR, Part 183). Such remaining two copies to the distiller, who distilled spirits, either before or after § 552.11 Leases, (a) The Secretary shall retain one copy and deliver the reduction, for the purpose of laboratory of the Army is authorized, whenever he other copy to the storekeeper-gauger. analysis, may be drawn into containers . shall deem it to be advantageous to the The storekeeper-gauger shall note the or packages having a capacity of less Government, to lease such real or per­ taxpayment on his retained copy and than ten wine gallons each. (Secs. 2878, sonal property under his control as is not forward the other copy to the district 3176, I. R, C.) for the time required for public use, to supervisor. (Sec. 3176, I. R. C.) such lessee or lessees and upon such terms § 183.293 Application, Form 179. and conditions as in his judgment will § 183.271 Disposition of samples. Whenever the distiller desires to tax-pay promote the national defense or will be The samples must be used solely for and remove in packages direct from the in the public interest. Each such lease laboratory analysis. They may not be cistern room distilled spirits produced at will be for a period not exceeding 5 years, furnished to salesmen and dealers for a proof in excess of 159 degrees and re­ unless the Secretary of the Army shall advertising or soliciting purposes. duced to not more than 159 and not less determine that a longer period will pro­ Where spirits are sold subject to approval than 100 degrees of proof or when, pur­ mote the national defense or will be in as to quality, a sample taken pursuant suant to approved application, he desires the public interest. Each such lease will to tax-pay and remove samples of spirits contain a provision permitting the Secre­ to the provisions of §§ 183.265, 183.266 for laboratory analysis in containers of and 183.267 may be furnished the pur­ tary of the Army to revoke the lease at one proof gallon or more, he shall execute any time, unless the Secretary of the chaser. Remnants or residues of samples application therefor on Form 179, in taken from the distillery or cistern room Army shall determine that the omission quadruplicate, and deliver all copies of such provision from the lease will pro­ not subject to taxpayment remaining to the storekeeperrgauger. (Secs. 2883, mote the national defense or will be in the after analysis or examination and which 3176,1. R. C.) public interest. In any event, each such are not desired to be retained as labora­ 3. These amendments are designed to lease will be revocable by the Secretary tory specimens or for further analysis or establish appropriate limitations and re­ of the Army during a national emergency examination should be returned to ves­ quirements for the withdrawal by regis­ declared by the President. Notwith­ sels in the distilling system, unless the tered distillers of samples of distilled standing section 321, act of June 30,1932 condition of the remnants or residues is spirits for laboratory analysis, includ­ (47 Stat. 412; 40 U. S. C. 303b), or any such as to render them unsuitable for ing organoleptic examination. other provision of law, any such lease such disposition. If such remnants or 4. This Treasury decision shall be ef­ may provide for the maintenance, pro­ residues of samples are unsuitable for fective on the 31st day following the date tection, repair, or restoration by the return to the distilling system, they of its publication in the F ederal R egis­ lessee, of the property leased or of the should be destroyed. (Sec. 3176,1. R. C.) ter. entire unit or installation where a sub- Wednesday, September 21, 1949 FEDERAL REGISTER 5763 stantial part thereof is leased, as a part for shelter, which was paid for out of signed to protect and preserve the real or all of the consideration for the lease monies appropriated for the Army for estate for concurrent or residual military of such property. In the event utilities national defense purposes between June requirements and will furnish the appro­ or services are furnished by the Depart­ 13,1940, and 6 months after termination priate division or district engineer, Corps ment of the Army to the lessee in con­ of the war, or such earlier date as may of Engineers, with a copy of a written nection with any lease, payments for be fixed by proclamation by the President report of inspection reflecting findings utilities or services so furnished may be or concurrent resolution of Congress. and recommendations. The Chief of En­ covered into the Treasury to the credit (See act of July 2, 1940 (54 Stat. 712; 50 gineers or his representatives will take of the appropriation or appropriations U. S. C. App. 1171).) In addition to the such corrective action as may be neces­ from which the cost of furnishing any time limitation provided in this legisla­ sary for the enforcement of the terms of such utilities or services to the lessee were tion, the authorization is limited to real the instruments. paid. Except as otherwise hereinabove property acquired or utilzed for depots provided any money rentals received by or for industrial installations. § 552.15f Report of leases granted the Government directly under any such under authority of the act of August 5, lease will be deposited and covered into § 552.15e Administration of use 1947. The Chief of Engineers will pre­ the Treasury as miscellaneous receipts. grants—(a) Payments. Payments made pare and transmit to the Army Comp­ The authority granted does not apply to by grantees for the use of real estate un­ troller for submission to the Congress, oil, mineral, or phosphate lands. The der lease, license, etc., will be collected the first day of January and the first day act of July 28,1892, as amended (27 Stat. by the Chief of Engineers or his repre­ of July of each year, a report of all leases 321; 45 Stat. 988 ; 40 U. S. C. 305), is re­ sentative and disposed of in accordance entered into in accordance with the au­ pealed. The lessee’s interest will be made with applicable procedures. thority set forth in § 552.11 (a). subject to State or loeal taxation. Any (b> Inspections. At least once each § 552.16 Grants requiring enabling such lease of property will contain a pro­ year, the Chief of Engineers or his rep­ legislation. Except as otherwise indi­ vision that if and to the extent that such resentatives will inspect real estate un­ cated in these regulations, enactment of property is made taxable by State and der the control of the Department of the enabling legislation is required to author­ local government by act of Congress, in Army under lease, license, easement, or ize the Secretary of the Army to grant such event the terms of such lease will be permit to determine whether grantees or an interest in real estate under his con­ renegotiated. (See act August 5, 1947 occupants are complying with the terms trol for the following purposes: (61 Stat. 774) . > of the instruments authorizing use and ***** (b) The Secretary of the Army is au­ occupancy. In addition, installation [Cl, AR 100-62, Sept. 6, 1949] (R. S. thorized, when he deems it necessary in commanders or other authorized repre­ 161; 5 U. S. C. 22) the interest of national defense, under sentatives of the using service will make terms and conditions deemed advisable, such interim inspections as in the deter­ [seal] Edward P. Witsell, to lease real property acquired, or uti­ mination of the Chief of the using serv­ Major General, lized, for the development, manufacture, ice are necessary for timely observation The Adjutant General. maintenance, and storage of military of the extent erf compliance with the [F. R. Doc. 49-7583; Filed, Sept. 20, 1940J equipment, munitions and supplies, and provisions of leases, licenses, etc., de­ 8:48 a. m.]

PROPOSED RULE MAKING

DEPARTMENT O f THE TREASURY 1. Sections 185.157, 185.423, 185.425, warehouse. When the warehouseman 185.426, 185.427, 185.428, 185.429, 185.430, desires to make shipment of distilled Bureau of Infernal Revenue 185.466, 185.467, 185.468, 185.470 and spirits in bond and furnishes the store­ [ 26 CFR, Part 185 1 185.471 of Regulations 10 (26 CFR, Part keeper-gauger a copy of the Form 236 185), relating to the warehousing of dis­ covering such transfer he shall furnish Warehousing op D istilled Spirits tilled spirits, are amended; §185.465 of in writing to the storekeeper-gauger in*, such regulations is revoked; and formation showing the number of pack­ SIMPLIFICATION AND STANDARDIZATION OP § 185.157a is added to such regulations. RECORDS ages or cases, the serial numbers of the § 185.157 Forms 1513 and 1621. The containers^ the date of original entry for A notice is hereby given, pursuant to storekeeper-gauger in charge of an in­ deposit and the date the distilled spirits the Administrative Procedure Act, ap­ ternal revenue bonded warehouse shall were received in the warehouse. When proved June 11, 1946, that the regula­ enter all spirits deposited in the ware­ the warehouseman submits permit on tions set forth in tentative form below house,, including blended brandies re­ Form 1508, covering the withdrawal of are proposed to be prescribed by the turned from the brandy-blending de­ distilled spirits for the use of the United Commissioner of Internal Revenue with partment, on his monthly bonded ware­ States, he shall show on the form the the approval of the Secretary of the house return, Form 1513, and shall make date the spirits were received in the Treasury. Prior to the final adoption of appropriate entries in his summary of warehouse. (Secs. 2801 (e) (5), 2882, such regulations, consideration will be deposits and withdrawals, Form 1621, as 2883, 2885, 2886, 2891, 2903, 2904, 2910 given to any data, views, or arguments provided in §§ 185.466 to 185.473. (Secs. 2915, 3031 (a), 3033, 3037, 3070, 3171, and pertaining thereto which are submitted 2801 (e) (5), 2915, 3176, L R. C.) 3176,1. R. C., and section 309 (a) of the' in writing, in duplicate, to the Com­ Tariff Act of 1930, as amended) missioner of Internal Revenue, Washing­ § 185.157a Date of receipt in ware­ ton 25, D. C., within the period of 30 house to be shown on withdrawal appli­ § 185.423 Permit, Form 1508. Upon days from the date of this notice in the cations for permits. At the time of receipt of the application, permit on F ederal R egister. The proposed regu­ submitting to the storekeeper-gauger an .Form 1508, in quintuplicate, will be issued lations are to be issued under the au­ application prepared pursuant to the by the Commissioner and the original and thority of sections 2801 (e) (5), 2882, provisions of §§ 185.240, 185.274, 185.278, three copies will be forwarded to the Gov­ 2883, 2885, 2886, 2891, 2903, 2904, 2910, 185.289, 185.292, 185.294, 185.295, 185.317, ernment official by whom the application 2915, 3031 (a), 3033, 3037, 3070, 3170, 185.338, 185.351, 185.359, 185.367, 185.378, was signed, who in turn shall detach a 3171 and 3176, Internal Revenue Code 185.413, 185.435, 185.443, 185.448, 185.454, copy and forward the original and the (26 U. S. C. 2801 (e) (5), 2882, 2883, 2885, 185.500, 185.509, and 185.516 for the two remaining copies to the contractor or 2886, 2891, 2903, 2904, 2910, 2915, 3031 gauge, regauge, or withdrawal of distilled warehouseman to whom the spirits are to (a), 3033, 3037, 3070, 3170, 3171, and spirits, the proprietor of the internal rev­ be delivered for shipment to the desig­ 3176). enue bonded warehouse shall show on the nated Government official. Upon ap­ form, in addition to the other information proval of the bond, Form 544, pursuant to [seal] Geo. J. S choeneman, required by the form or by regulations, the provisions of § 185.424, the ware­ Commissioner of Internal Revenue. the date the spirits were received in the houseman shall furnish the original and 5764 PROPOSED RULE MAKING tion, and for packages, cases, storage the two copies of the Form 1508 to the § 185.430 Delivery of spirits. Upon receipt of the original and two copies of tanks, and packages of blended bran­ storekeeper-gauger at the warehouse. dies. A summary account for each pro­ (Sec. 3176, 3331,1. R. C.) tlje Form 1508 and the copy or copies of Form 1520 or Form 1519 by the store­ ducer’s goods shall not be maintained. § 185.425 Form 1520. If the spirits to keeper-gauger, the spirits shall be deliv­ Warehouse summary accounts showing be withdrawn are in packages, the ware­ ered as provided in the order of the dis­ for packages, cases, and storage tanks houseman shall present the original and trict supervisor, after the containers have the total deposits and withdrawals by the two copies of the permit, Form 1508, been properly marked. Each package kind and the total deposits and with­ to the storekeeper-gauger, who shall re­ shall be marked in accordance with the drawals of all kinds of spirits should be gauge the spirits and prepare report provisions of the Gauging Manual (26 maintained. This record shall also be thereof on Form 1520, in quadruplicate, CFR, Part 186), and each case shall have used by storekeeper-gaugers in connec­ except that an extra copy will be pre­ stenciled thereon the words “Use of tion with the preparation of the state­ pared if the regauge discloses excess loss U. S.,” followed by the date of with­ ment on Form 1513 of spirits remaining from any package. (Secs. 3176, 3331, drawal. There shall also be plainly in warehouse. (Secs. 2801 (e) (5), 3176, I. R. C.) marked on each package or case, by I. R. C.) § 185.426 Form 1519. If the spirits means of a stencil or securely affixed § 185.467 Files and records covering to be withdrawn were previously bottled label, the name, title, and address of the deposits. The storekeeper-gauger’s copy in bond, the warehouseman shall present Government official to whom the spirits of all Forms 1520, covering the deposit the original and the two copies of the are to be consigned. When delivery of in warehouse of spirits received from dis­ permit, Form 1508, to the storekeeper- the spirits has been made, the store­ tilleries; Forms 1619 and 1620, covering gauger, together with an application on keeper-gauger shall note over his signa­ spirits received from other warehouses; Form 1519, in quintuplicate, modified ture on each copy of the Form 1508, in Forms 1520, covering packages filled from to indicate the type of withdrawal, exe­ the space provided therefor, the name of storage tanks and retained in the ware­ cuted by the principal on the bond given the person to whom the spirits were de­ house; Forms 1520, covering packages on Form 544, for withdrawal of the spir­ livered, and the date of delivery, and will filled from brandy-blending tanks; and its. The storekeeper-gauger shall inspect retain one copy of the Form 1508 together Forms 1620, covering cases of bottled-in­ the cases and, if any appears to have sus­ with one copy of Form 1520, or Form bond spirits returned to the storage por­ tained a loss, the contents shall be ex­ 1519, deliver one copy of each to the tion of the warehouse, shall be filed as amined and the quantity ascertained to warehouseman, forward one copy of the permanent records, in bound form, in the have been lost from each case shall be Form 1520 or Form 1519 to the Govern­ office of the storekeeper-gauger. The noted on each copy of Form 1519. (Secs. ment official to whom the spirits are to storekeeper-gauger shall enter the date 3176, 3331, I. R. C.) be delivered at destination, and forward of deposit of the spirits in the ware­ the original of the permit, Form 1508, house at the bottom of each form. § 185.427 Taxable Loss. Where the with Form 1520 or 1519 attached, to the Before filing such forms the storekeeper- regauge of packages discloses an excess district supervisor. Where the regauge gauger shall make appropriate entries or taxable loss or the examination of of packages or the examination of cases covering the receipt of the spirits in his cases discloses any taxable loss there­ disclosed taxable loss the storekeeper- from, the storekeeper-gauger shall return summary of deposits and withdrawals, gauger shall note on the extra copy of Form 1621. The Forms 1520, 1619, and all copies of the Form 1508, accompanied Form 1520 or Form 1519 the payment of 1620 shall be filed separately by form by four copies of Form 1520 or Form 1519, tax on such loss, as shown by the collec­ to the warehouseman, who shall forward number, the forms in each file being tor’s certificate on Form 1508. Where grouped under the name of the producing the Forms 1508 and Forms 1520 or Forms the examination of cases disclosed no loss 1519 to the collector with remittance of distiller (or warehouseman in the case of spirits, the storekeeper-gauger shall of blended brandies) and arranged in the tax due on the excess loss from pack­ destroy the extra copy of Form 1519. If ages or the entire taxable loss from cases. chronological order according to date of the bond was given by a person other deposit, and in sequence by serial num­ The collector shall execute his certificate than the warehouseman a copy of Form of payment of tax on the deficiency on all bers of the packages or cases where pos­ 1520 or Form 1519 may be prepared and sible. Separate files shall be maintained • copies of the Form 1508, note such pay­ furnished to such persons. (Secs. 3176, ment on each copy of Form 1520 or Form for storage tanks and for packages filled 1519, retain one copy of Form 1520 or 3331,1. R. C.) from storage tanks and retained in the Form 1519 and forward all copies of the § 185.466 Summary of deposits and warehouse and for packages filled from Form 1508 and three copies of Form 1520 withdrawals, Form 1521. The store­ brandy-blending tanks. Where two or or Form 1519 to the district supervisor. keeper-gauger in charge of each internal more lots of spirits are deposited in the (Secs. 2901 (a), 3176, 3331,1. R. C.) revenue bonded warehouse shall keep a same storage tank the Forms 1520 cover­ ing such deposits shall be kept together § 185.428 Non-taxable loss. Where summary on Form 1621 of the spirits en­ tered into, withdrawn from and remain­ . and identifying notations shall be made the regauge of packages or the examina­ on each form showing that they collec­ tion of cases discloses no loss subject ing in warehouse. Entries shall be made . as indicated by the headings of the col­ tively represent the spirits deposited in to tax the storekeeper-gauger shall for­ the tank. When the last deposit is made ward the original and two copies of the umns and lines on the form and in ac­ cordance with instructions issued by the in a tank, a recapitulation of the deposits permit, Form 1508, and one copy of Form will be made on the Form 1520 covering 1520, or Form 1519, as the case may be, Commissioner. Daily entries need not be made in the column “Balance in Ware­ the last deposit, and withdrawals will be direct to the district supervisor. (Secs. noted on such form. The date of deposit 2901 (a), 3176, 3331,1. R. C.) house,” but the account shall be bal­ anced and posted monthly, or at the end of the spirits shall be entered at the bot­ § 185.429 Supervisors order to deliver of each page if transactions are suffi­ tom of each Form 236, covering spirits spirits. If the bond has been approved ciently numerous to fill more than one received in bond from other premises, the district supervisor, upon receipt of page per month. In the case of pack­ at the bottom of each Form 1518 covering the original and two copies of the per­ ages of blended brandies, the registry spirits bottled in bond and returned to mit, Form 1508, and the copy of Form number of the warehouse where such the warehouse, and at the bottom of each 1520 or Form 1519 from the storekeeper- packages were filled shall be substituted Form 1685 covering brandy blended in gauger or the original and two copies of for the registry number of the distillery. brandy-blending tanks and returned to the permit, Form 1508, and the copies of The records shall be arranged alphabeti­ the warehouse and such forms shall be Form 1520 or Form 1519 from the collec­ cally by States (a) numerically by dis­ filed separately by form number in tor, as the case may be, shall execute his tilleries according to registry number chronological order. (Secs. 2801 (e) (5), order on each copy of the Form 1508 di­ within each State and (b) in case of 3176, I. R. C.) recting the storekeeper-gauger to deliver blended brandies, numerically by in­ § 185.468 Files and records covering the spirits to the person named in the ternal revenue bonded warehouses ac­ withdrawals. When spirits are to be order and forward all copies of the Form cording to registry number within each withdrawn, the storekeeper-gauger shall 1508 and Form 1520, or Form 1519, as the State. Separate sheets shall be used for secure from his files the Forms 1520, case may be, to the storekeeper-gauger. each kind of spirits (including blended 1619, or 1620 covering the deposit of the (Secs. 3176, 3331,1. R. C.). brandies) and for each season’s produc­ spirits, including blended brandy re- 5765 Wednesday, September 21, 1949 FEDERAL REGISTER forms. The storekeeper-gauger’s copies direct case of the above parties will take turned to the storage portion of the all of the first week and part of the sec­ warehouse from the brandy-blending- de­ of withdrawal applications, Forms 179, 206, 236, 257, 573, 655,1518, ?md 1685, and ond week. It is expected that cross- partment, and shall transcribe the of permit, Form 1508, will be filed sep­ examination will begin in the week of necessary details therefrom to the appro­ arately by form number, in chronological October 10, 1949. priate withdrawal forms. Upon with­ 3. Public demonstrations of color tele­ drawal of spirits, the storekeeper-gauger order, in the same manner as the with­ drawal forms. The withdrawal repo^s vision on the record will be held as fol­ shall indicate by proper red line block­ and applications for each month shall be lows: ing on the entry Forms 1520, 1619, or separated in the file by proper markers (a) October 7—Columbia Broadcast­ 3620, the packages or cases withdrawn, and each file shall be appropriately ing System, Inc., system will be demon­ and the number of packages, the total marked to show the kind of forms con- strated at a location to be announced original tax gallons, and the date and tained therein and the period covered liôrGâftGr. purpose of withdrawal. He shall also thereby. (Secs. 2801 (e) (5), 3176, (b) October 10—Radio Corporation of make the necessary entries covering the America system will be demonstrated in ■withdrawal on Form 1621, and shall en­ I. R. C.) thei Ball Room of the Washington Hotel, ter the date of withdrawal at the bottom 2. These changes are designed to sim­ Pennsylvania Avenue and Fifteenth of the retained copies of the withdrawal plify and standardize the keeping of Street NW., Washington, D. C., and at forms and applications. When, at the warehouse records by storekeeper-gaug­ the studios of WNBW, Wardman Park time of making the red line blocking on ers It is provided that the date of de­ Hotel, Washington, D. C. the entry Forms 1520, 1619, or 1620, ex­ posit of spirits in the warehouse will be Such other demonstrations of color amination of the form discloses that all shown on withdrawal applications, thus television systems will be held as the the packages or cases in the given lot eliminating a cumbersome files index. Commission may find to be appropriate. covered by the form have been removed, 3 This Treasury decision shall be ei- It is expected that a comparative dem­ the storekeeper-gauger shall compare fective on the 31st day after the date of onstration will be scheduled hereafter the totals of the spirits entered for de­ its publication in the F ederal R egister. for the purpose of permitting showings posit with the totals of the spirits with­ [F. R DOC. 49-7571; Filed, Sept. 20, 1949; at the same time and place of the Co­ drawn for the purpose of determining 8:46 a. m.] lumbia Broadcasting System, Inc., color the existence of any errors in transac­ television system, the Radio Corporation tions involving items covered by the par­ of America color television system, and ticular form. (Secs. 2801 (e) (5), 3176, FEDERAL COMMUNICATIONS any other color systems that are demon­ I. R. C.) COMMISSION strated, as well as the conventional black § 185.470 Withdrawals from storage and white system. tanks. When spirits warehoused in stor­ [ 47 CFR, Part 3 1 4. Admission to all demonstrations of age tanks are . withdrawn therefrom, [Docket Nos. 8736, 8975, 8976, 9175] * color television will be by ticket only, either for immediate withdrawal from which must be obtained from the Com­ T elevision B roadcast Service mission. Requests for tickets should be warehouse or for storage in packages in made in advance to the Commission the warehouse, the storekeeper-gauger ORDER OF TESTIMONY AT HEARING COMMENC­ Counsel. In view of limited seating ca­ Will secure from his files the Form 1520, ING SEPTEMBER 26, 1949 pacity, tickets will be limited in number covering the deposit of the spirits, and In the matters of amendment of and will be made available only to in­ will note in red on such form the date s 3 606 of the Commission’s rules and terested parties in the proceeding,, and and purpose of the withdrawal, the regulations, Docket Nos. 8736 and 8975; to other persons who demonstrate a di­ quantity withdrawn, and the serial num­ amendment of the Commissions rules, rect interest in the subject matter. It bers and kind of containers filled. The regulations and Engineering Standards will not be possible to provide tickets for storekeeper-gauger will also make ap­ Concerning the Television Broadcast the general public. propriate entries in the summary of de­ Service, Docket No. 9175; utilization of 5. Following the hearings mentioned posits and withdrawals, 'Form 1621, frequencies in the Band 470 to 890 Me. above, the Commission will receive testi­ showing the withdrawal of the spirits for Television Broadcasting, Docket No. mony and exhibits from other persons from the storage tanks. Where the 8976. who have filed timely appearances and spirits are drawn into packages for stor­ 1 The hearing in the above-ientitled comments relating to other general sub­ age in the warehouse, the storekeeper- proceeding will commence on September jects pertinent to the hearing, such as gauger will note such fact on Form 1621, 26 1949, at 10:00 a. m. in the U. S. De­ revisions of the rules and standards gov­ enter the deposit of the packages in partment of Commerce Auditorium, erning black and white television, propa­ Form 1621, and note the date of deposit Fourteenth Street between E Street and gation and interference factors, equip­ at the bottom of Form 1520, covering the Constitution Avenue NW., Washington, ment availability and other problems, gauge of the packages. Where the spirits D C . In general, the hearing will con­ “Polycasting”, “Stratovision”, non-com­ are drawn into packages or tank cars for tinue on succeeding weekdays at 10:00 mercial educational television, general withdrawal from warehouse, the store­ a. m. There will be no session on Octo­ problems of allocation, and the request keeper-gauger will note the date of with­ ber 3, 1949. of Bell Telephone Laboratories, Inc. for drawal at the bottom of the retained 2. Commencing the week of September the allocation of the 470 to 500 Me. band copies of the withdrawal forms and ap­ 26, 1949, testimony and exhibits will be to multi-channel broadband telephone plications. When all spirits covered by received from those who have filed timely communications. The Commission will more than one Form 1520 have been appearances and comments relating to announce hereafter the date and order withdrawn from a storage tank, the systems of color television. The ordgr of in which these and similar subjects will ^storekeeper-gauger will file the Forms appearances on these parties during the be heard, as well as the order of appear­ 1520 representing the individual deposits first week will be as follows: ances under each subject. The final part together in an inactive file under the of the hearing will relate to comments date of the last deposit in the tank. Joint Technical Advisory Committee concerning the allocation of specific / jtAC ). (Sec. 3176, I. R. C.) Radio Manufacturers Association (RMA). channels to specific communities and will § 185.471 Filing of withdrawal forms Radio Corporation of America. be preceded by a similar announcement. and applications. The copies of the re­ Columbia Broadcasting System, Inc. Adopted: September 16, 1949. ports of the withdrawal gauge, Form 1520, Color Television, Inc. Dr. Charles Willard Geer. Released: September 16, 1949. the reports of removal for transfer in Dr. Leon Rubenstein. F ederal Communications bond, Form 1619 or 1620 or the applica­ Philco Corporation. tion for taxpayment and withdrawal of Allen B. DuMont Laboratories, Inc. Commission, bottled-in-bond spirits, Form 1519, as the [seal] T. J. S lowie, case may be, retained by the storekeeper- Cross-examination by the parties will Secretary. gauger, shall be filed separately in chron­ be deferred until after all parties have presented their direct case, including [F. R. Doc. 49-7608; Filed, Sept. 20, 1949; ological order, according to the date of demonstrations. It is estimated that the 8:52 a. m.] withdrawal noted on the bottom of the 5766 PROPOSED RUtE MAKING t 47 GFR, Part 3 ] tice. One side of the form may be used R equest to Commission Counsel To Submit [Docket Nos. 8736, 8975, 8976, 9175] by those persona who desire to ask only a Question fob Cross Examination pne or a few questions of a particular T elevision B roadcast S ervice You ^re requested to submit to the witness witness. In such a case the person should named below the question or questions listed NOTICE OF PROCEDURE FOR CROSS fill out the form giving the name of the below: EXAMINATION witness and the question or questions he Name of w itn ess______desires Commission Counsel to put to the Q u estion ______In the matters of amendment of witness. If the question is appropriate § 3.606 of the Commission’s rules and and the subject matter has not or will not regulations, Docket Nos. 8736 and 8975; be covered by other cross examination, amendment of the Commission’s rules» Commission Counsel will ask the ques­ regulations and Engineering Standards tion. Concerning the Television Broadcast Signed ______Service, Docket No. 9175; utilization of Persons who desire more extensive Name of organization you represent___ ZZ frequencies in the Band 470 to 890 Me. cross examination should fill out the re­ for Television Broadcasting, Docket No. verse side of the attached form stating □ Permission granted. 8976. the name of the witness they desire to □ Permission denied. cross examine, the subject matter the The Commission has received inquiries cross examination will cover, and the To Cross Examine Witness concerning the procedure to be followed name of the person who will do the cross Permission is hereby requested to cross at the hearing in the above-entitled mat­ examining and the name of the organiza­ examine the witness whose name appears ters scheduled to commence on Septem­ tion he represents. This form should be below: ber 26, 1949, in connection with cross handed to the Commission Counsel'who Name of w itn ess______examination of witnesses. The Commis­ will pass it on to the Commission which Subject matter concerning which cross sion is desirous of being as liberal as pos­ will deeide on the basis of each case examination is desired:______sible in permitting cross examination of whether or not to permit cross examina­ witnesses by interested parties. How­ tion. ever, It must be realized that because of All persons are urged to keep their re­ the large number of persons participat­ quests for cross examination down to a ing in the hearing it will be impossible to minimum in order that the hearing can Length of time of cross examination__ _ permit unrestricted cross examination if be handled expeditiously. Name of person who desires to cross the hearings are to proceed expeditiously. examine and name of organization he rep­ The following system has therefore been Adopted: September 16, 1949. resents: devised with respect to cross examina­ Released: September 16, 1949. Name of person ______tion. Name of organization______m F ederal Communications □ Permission granted. Forms are being prepared which will □ Permission denied. be available in the hearing room. A Commission, [seal! T. J. S lowie, copy of this form is attached to this no­ [P. R. Doc. 49-7609; Piled, Sept. 20, 1949} Secretary. 8:53 a. m.]

NOTICES

DEPARTMENT OF AGRICULTURE conditions as he may prescribe, the pow­ Company, Santa Ana, California, Docket ers and authorities conferred upon him Office of the Secretary No. 8454, File No. BP-5936; William by paragraph numbered 1 hereof, and in Odessky and Lee A. Odessky, d/b as Wil­ Appointment of County Committees and his absence or in the event of his dis­ liam and Lee A. Odessky, Los Angeles, D esignation of Chairman ability, such powers and authorities may California, Docket No. 8850, File No. be exercised by the acting Administrator. Pursuant to the authority contained in BP—6023; Leland Holzer, Long Beach, Title V of the Housing Act of 1949 (Pub­ (Pub. Law 171, 81st Cong.; R. S. 161 California, Docket No. 8851, File No. BP- lic Law 171, 81st Congress), It is hereby 5U. S. C. 22) 6372; Leon E. Sidebottom, Don J. Jack- son, Walter S. Murra, Paul E. Kain, Glenn ordered, That: Done at Washington, D. C., this 16th 1. The Administrator of the Farmers day of September 1949. E. Jackson and Karl Jackson, d/b as Air- Home Administration is authorized to tone Company, Santa Ana, California, appoint a committee pursuant to section [seal] Charles F. Bhannan, Docket No. 9110, File No. BP-6021; H. M. 508 (a) of the Housing Act of 1949 in any Secretary of Agriculture. McCollum, tr/as South Bay Broadcasting county or parish in which activities are [P. R. Doc. 49-7617; Piled, Sept. 20, 1949; Company, Hermosa Beach, California, carried on under Title V of that act and 8:54 a. m.] Docket No. 9309, File No. BP-6305; Ver­ in which no existing satisfactory com­ non D. Smith, tr/as Public Service Broad­ mittee is available. Such committees casters, Riverside, California, Docket No. shall be appointed in accordance with the FEDERAL COMMUNICATIONS 9310, File No. BP-7046; William O. Eg- procedure for appointment of commit­ erer and Peter C. Verdell, d/b as South tees pursuant to the Bankhead-Jones COMMISSION Bay Broadcasters, Hermosa Beach, Cali­ Farm Tenant Act, as amended. [Docket Nos. 6737, 8454, 8850, 8851, 9110 fornia, Docket No. 9311, File No. BP- 2. Each county committee appointed 9309-9311, 9396-9401, 9447] 7133; Beverly Hills Broadcasting Corpo­ by the Administrator pursuant to para­ ration, Beverly Hills, California, Docket graph numbered 1 hereof, is hereby au­ S outhern California Broadcasting Co No. 9396, File No. BP-5499; James J. thorized to elect one member to serve (KWKW) ET AL. Krouser and Lloyd F. Kreamer, d/b as as chairman. All members so elected as ORDER DESIGNATING APPLICATION FOR CON­ Krouser and Kreamer, Oxnard, Cali­ chairmen and all members elected as SOLIDATED HEARING ON STATED ISSUES fornia, Docket No. 9397, File No. BP- chairmen of the county committees ap­ 5765; Isador Gralla and Jay Gralla, d/b pointed under the Bankhead-Jones Farm In re applications of Marshall S. Neal, as Gralla and Gralla, Tujunga, Cali­ Tenant Act, as amended, are hereby des­ Paul Buhlig, E. T. Foley and Edwin Earl, fornia, Docket No. 9398, File No. BP- ignated as chairmen of their respective d/b as Southern California Broadcasting 6763; John R. Martin and D. V. O’Brien, committees pursuant to section 508 (a) Company (KWKW), Pasadena, Cali­ d/b as Beverly Hills Broadcasters, Bev­ of the Housing Act of 1949. fornia, Docket No. 6737„ File No. BP- erly Hills, California, Docket No. 9399, 3710; George W. Berger, George A. Ray- File No. BP-7047; J. Bruce Taylor, Sr., 8. In his discretion, the Administrator mer, Fred Forgy, and John W. Swallow, may redelegate, upon such terms and tr/as Long Beach Broadcasters, Long d/b as Orange County Broadcasting Beach, California, Docket No. 9400, File 5767 Wednesday, September 21, 1949 FEDERAL REGISTER It appearing, that in its decision No. BP-7048; Cannon System, Ltd. and extent thereof, the areas and popu­ lations affected thereby, and the avail­ adopted June 12, 1947, in Docket Nos. (KIEV), Glendale, California, Docket 7216, 7333, 7334, 7335, and 7336 the Com­ No. 8401, File No. BP-7260; Walter ability of other broadcast service to such areas and populations. mission had before it, among other mat­ Muller and Frank Muller, d/b as Muller ters, two mutually exclusive applications Brothers, Inglewood, California, Docket 5. To determine whether the operation of the proposed station would involve ob­ for the use of the frequency 790 kc. at No. 9447, File No. BP-7325; for construc­ jectionable interference with the services Lubbock, Texas, that of Lubbock County tion permits. proposed in the other applications in this Broadcasting Company specifying a At a session of the Federal Communi­ power of 1 kw. day and 1 kw. night di- cations Commission, held at its offices in proceeding or in any other pending appli­ cations for broadcast facilities and, if so, rectionalized at night, and that of Plains Washington, D. C., on the 7th day of the nature and extent thereof, the areas Radio Broadcasting Company specifying September 1949; and populations affected thereby, and the a power of 5 kw. day and 5 kw. night di- The Commission having under consid­ rectionalized at night; and eration the above-entitled application of availability of other broadcast service to such areas and populations. It further appearing, that in its deci­ Walter Muller and Frank Muller d/b as 6. To determine whether the installa­ sion on the above-entitled applications Muller Brothers for a permit to construct tion and operation of the proposed sta­ the Commission found that the optimum a new standard broadcast station to op­ tion would be in compliance with the utilization of the regional channel 790 erate on frequency 830 kilocycles, with Commission’s rules and Standards of kc. at Lubbock, Texas, which would af­ 10 kilowatts power, daytime only in In­ Good Engineering Practice Concerning ford adequate protection to existing and glewood, California: Standard Broadcast Stations. proposed services outside of Lubbock, It appearing, that, the above-entitled 7. To determine on a comparative basis would be a grant of a license to operate application of William and Lee A. which, if any, of the applications in this a station with 5 kw. power day and 1 kw. Odessky, was designated for hearing night; and March 18, 1948, in a consolidated pro­ consolidated proceeding should be granted. . _ It further appearing, that, upon con­ ceeding with the application of Leland It is further ordered, That, the Com­ sideration of the respective qualifications Holzer and other applications which were mission’s orders of March 18, 1948, May of the two applicants for a station in subsequently dismissed and that Thomas 5, 1949, June 30, 1949, and July 20, 1949, Lubbock, the Commission concluded that S. Lee Enterprises, Inc., d/b as Don Lee designating the above-entitled applica­ Lubbock County Broadcasting Company Broadcasting System, licensee of Station tions, except that of Walter Muller and was to be preferred for the reasons set KHJ and Cannon Systems Ltd., licensee Frank Muller d/b as Muller Brothers, forth in the decision, and that the Com­ of Station KIEV were made parties to for hearing in a consolidated proceeding mission accordingly granted the applica­ the proceeding; are amended to include the said applica­ tion of Lubbock County Broadcasting It further appearing, that, by Commis­ tion of Walter Muller and Frank Muller Company, subject to the condition that sion orders of May 5, 1949 and July 20, d/b as Muller Brothers; and applicant would within 60 days file an 1949, the other above-entitled applica­ It is further ordered, That, if, as a re­ application for modification of permit tions except that of Walter Muller and sult of the consolidated proceeding, it specifying daytime power of 5 kw. in lieu Frank Muller d/b as Muller Brothers appears that, were it not for the issues of 1 kw., and denied the mutually ex­ were joined to the proceeding and that pending in the hearing regarding clear clusive application of Plains Radio the hearing on the said applications is channels (Docket No. 6741) and in the Broadcasting Company; and that the scheduled to commence September 19, hearing regarding daytime skywave Lubbock County Broadcasting Company 1949, in Washington, D. C.; and transmissions (Docket No. 8333) and the thereafter filed the contemplated appli­ It further appearing, that, the above- Commission’s policy pertaining thereto cation for modification of construction entitled application of Walter Muller and as announced in the Public Notices of permit, File No. BMP-3124, which was Prank Muller d/b as Muller Brothers may August 9,1946, and May 8,1947, the pub­ granted by the commission on November involve objectionable interference with lic interest would be best served by a 6, 1947; and the above-entitled applications of Long grant of one or more of the above en­ It further appearing, that the Com­ Beach Broadcasters, Beverly Hills Broad­ titled applications other than that of Wil­ mission on July 12,1948 denied an appli­ casting Corporation, Krouser and Krea- liam and Lee A. Odessky, then such ap­ cation for rehearing filed by Plains Radio mer, Southern California Broadcasting plication or applications shall be returned Broadcasting Company, and that the Company, Gralla and Gralla, Beverly to the pending file until after conclusion applicant thereafter appealed from the Hills Broadcasters, Airtone Company, of the said hearings regarding clear Commission’s decision to the United and Orange County Broadcasting Com­ channels and daytime skywave transmis­ States Court of Appeals for the District pany; . . .. sions. of Columbia Circuit; and It is ordered, That, pursuant to section F ederal Communications It further appearing, that the United 309 (a) of the Communications Act of Commission, States Court of Appeals for the District 1934, as amended, the said application of [seal] T. J. Slowie, of Columbia Circuit on May 4, 1949, in Walter Muller and Frank Muller d/b as Secretary. its decision in the case of Plains Radio Muller Brothers is designated for hearing [F. R. Doc. 49-7606; Filed, Sept. 20, 1049; Broadcasting Company v. Federal Com­ in the above-consolidated proceeding at 8:52 a. m.] munications Commission, No. 9973, re­ the time and place aforesaid upon the versed and remanded the case for further following issues: . proceedings ""before this Commission in 1. To determine the legal, technical, accordance with the opinion of the financial, and other qualifications of the [Docket Nos. 7334, 7335, 9448] Court; and applicant partnership and the partners Lubbock County B roadcasting Co. et al. It further appearing, that the Court to construct and operate the proposed of Appeals has held in the above decision station. ORDER DESIGNATING APPLICATION FOR that the Commission’s grant to Lubbock 2. To determine the areas and popu­ FURTHER HEARING County Broadcasting Company should lations which may be expected to gain or In re applications of Lubbock County be set aside because there was insufficient lose primary service from the operation Broadcasting Co., Lubbock, Texas, evidence in the record and findings in of the proposed station and the charac­ Docket No. 733£, File No. BP-4062; the decision both with respect to Lub­ ter of other broadcast service available Plains Radio Broadcasting Co. (KFYO), bock County’s qualifications to construct to those areas and populations. Lubbock, Texas, Docket No. 7335, File and operate a station with 5 kw. power 3. To determine the type and character No. BP-4391; for construction permits. during the day and with respect to Lub­ of program service proposed to be ren­ Lubbock County Broadcasting Co., bock County’s proposed program service; dered and whether it would meet the re­ (KVLU), Lubbock, Texas, Docket No. It is ordered, That the construction quirements of the populations and areas 9448, File No. BMP-3124; for modifica­ permit and modification thereof hither­ proposed to be served. tion of construction permit. to granted to Lubbock County Broadcast­ At a session of the Federal Communi­ ing Company are vacated and set aside, 4. To determine whether the operation and the above applications are returned of the proposed station would involve ob­ cations Commission, held at its offices in Washington, D. C., on the 8th day of to the hearing docket for further hearing jectionable interference with any existing at a time and place to be designated by broadcast stations and, if so, the nature September 1949; 5768 NOTICES

subsequent order of the Commission The Commission having under consid­ upon the issues hitherto specified in the The Commission having before it an eration a motion filed by the applicant informal request of LeRoy R. Haynes, Commission’s Notices of Hearing dated August 4, 1949, requesting a waiver of March 1, 1946, in Dockets No. 7334 and tr/as Pomona Broadcasters, that the § 1.745 of the Commission’s rules and a further hearing in the above entitled pro­ 7335 designating those applications for continuance of sixty days of the hearing hearing, and particularly upon the ques­ ceedings now scheduled to be heard on in the above-entitled matter presently August 22,1949, at Washington, D. C., be tion of which of the above applicants is, scheduled to be heard August 15, 1949; on a comparative basis, better qualified and continued, a motion by Commission to operate at Lubbock, Texas, on 790 kc. Counsel in support of said informal re­ It appearing, that there is no oppo­ quest for continuance, and opposition to with the power of 5 kw. and 1 kw. night, sition to the motion; the granting of the requested continu­ which the Commission has previously It is ordered, This 12th day of August ance made by counsel for Pasadena found would best utilize this channel in 1949, that the motion be and it is hereby Presbyterian Church, and the public interest at Lubbock, Texas. granted, that § 1.745 of the Commission’s It appearing that the basisTor the re­ F ederal Communications rules with respect to the time for filing quested continuance is the fact that the Commission, motions is waived, and the hearing is consulting engineer for LeRoy R. [seal] t . J. S lowie, continued from August 15, 1949 to Fri­ Haynes is presently incapacitated as the Secretary. day, October 14,1949 at the office of the result of an appendectomy, and is un­ Commission in Washington, D. C. [P. R. Doc. 49-7604; Piled, Sept. 20, 1949; able to appear at the hearing on August 8:52 a. m.] F ederal Communications 22,1949, and good cause has been shown Commission, for the requested continuance, [seal] j . F red J ohnson, Jr., It is ordered, This the 19th day of Hearing Examiner. August 1949, that the further hearing in [Docket Nos. 8187, 9291] the above-entitled proceedings now [F. R. Doc. 49-7598; Filed, Sept. 20, 1949; scheduled to be heard on August 22,1949, F elix H. M orales and J ohn F. Cooke 9:00 a. m.] be continued to September 22, 1949, at Washington, D. C. order continuing hearing F ederal Communications In re applications of Felix H. Morales, [Docket Nos. 8887, 9156] Commission, Houston, Texas, Docket No. 8187, File No. [seal] B asil P. Cooper, BP—5397; John F. Cooke, Houston, Texas W atertown R adio, Inc., and R ock R iver Hearing Examiner. Docket No. 9291, File No. BP-7158; for Valley Broadcasting Co. construction permits. [F. R. Doc. 49-7594; Filed, Sept. 20, 1949; The Commission having under con­ ORDER CONTINUING HEARING 8:50 a. m.] sideration a petition filed August 12,1949, In re applications of Watertown Radio, by John F. Cooke, Houston, Texas, re­ Inc., Watertown, Wisconsin, Docket No. questing a 30-day continuance of the 9156, File No. BP-6426; Rock River Val­ [Docket No. 9145] hearing presently scheduled for Septem­ ley Broadcasting Co., Watertown, Wis­ R adio S t. Clair, Inc. b er 7, 1949, at Washington, D. C., in the consin, Docket No. 8887, File No. BP- proceeding upon the above-entitled ap­ 6538; for construction permits. ORDER CONTINUING HEARING plications for construction permits; an The Commission having under consid­ In re application of Radio St. Clair, opposiiton thereto filed by Felix H. Mo­ eration a joint petition by Watertown Inc., Marine City, Michigan, Docket No. rales, Houston, Texas, on August 16, Radio, Inc., and Rock River Valley 9145, File No. BP-6489; for construction 1949, and a reply to the said opposition permit. filed on August 26, 1949, by John F. Broadcasting Co., requesting a sixty-day Cooke; and continuance of the hearing now sched­ The Commission having under consid­ uled for August 29, 1949, at Washington, eration a petition filed on August 26,1949, It appearing, that the other applicant D. C.; and in this proceeding, Felix H. Morales, was by Radio St. Clair, Inc., Marine City, on July 29, 1949, granted leave to file a It appearing that Watertown Radio, Michigan, requesting that the hearing Inc., and Rock River Valley Broadcast­ in the above-entitled proceeding pres­ major amendment to his above-entitled ently scheduled to be heard on Septem­ application; and that, therefore, in the ing Co. are the only parties in this pro­ ends of justice, the instant petitioner ceeding and no objection to the petition ber 7, 1949, at Washington, D. C., be has been made by or on behalf of Com­ continued to October 12, 1949, at Wash­ should have additional time to study that ington, D. C.; and amended application to adequately pre­ mission Counsel or the Commission’s pare its case for hearing; General Counsel; It appearing, that all the interested It is ordered, This 26th day of August It is ordered, This 12th day of August parties to the above-entitled proceeding 1949, that the petition is granted; and 1949 that the hearing be and it is hereby have consented to a grant of the peti­ that the hearing upon the above-entitled continued to October 27, 1949, in Wash­ tion and to a waiver of the requirements ington, D. C. of § 1.745 of the Commission’s rules and applications is continued to 10:00 a. m., regulations: Thursday, September 22, 1949, at Wash­ ington, D. C. F ederal Communications It is ordered, This 26th day of August Commission, 1949, that the petition is granted; and F ederal Communications [seal] Leo R esnick, that the hearing upon the above-entitled Commission, Hearing Examiner. application is continued to 10:00 a. m., [seal] T. J. S lowie, [F. R. Doc. 49-7600; Filed, Sept. 20, 1949; Wednesday, October 12, 1949, at Wash­ Secretary. 8:51 a. m.] ington, D. C. [F. R. Doc. 49-7590; Filed, Sept. 20, 1949; F ederal Communications 8:50 a. m.] Commission, [seal] T. J. Slowie, [Docket Nos. 9135, 9895] Secretary. P asadena P resbyterian Church [Docket No. 8526] (KPPC) [F. R. Doc. 49-7589; Filed, Sept. 20, 1949;- and P omona B roadcasters 8:50 a. m.] Bessemer Broadcasting Co. ORDER CONTINUING HEARING order continuing hearing In re applications of Pasadena Pres­ [Docket No. 9194] In re application of Jesse E. Lanier, byterian Church (KPPC), Pasadena, Jack Warden, Crawford J. Bass and Wal­ California, Docket No. 9135, File No. Afro-American B roadcasting S ystem, ter G. Petty, Jr., d/b as Bessemer Broad­ BP-6566; and LeRoy R. Haynes, tr/as I nc. casting Company, Bessemer, Alabama, Pomona Broadcasters, Pomona, Califor­ ORDER CONTINUING HEARING Docket No. 8526, File No. BP-6202; for nia, Docket No. 9395, File No. BP-7236; construction permit. In re application of Afro-American for construction permits. Broadcasting System, Incorporated, Hop- 5769 Wednesday, September 21, 1949 FEDERAL REGISTER [Docket Nos. 9279, 9280] kins Park, Illinois, Docket No. 9194, Pile The Commission having under con­ No. BP-6673; for construction permit. sideration the petition of Morrisville B artley T. Sims and Mendocino The Commission having under consid­ Broadcasting Company, Morrisville, B roadcasting Co. eration a petition filed August 24, 1949, Pennsylvania, filed August 11, 1949, order continuing hearing by Afro-American Broadcasting System, which requests authority to amend its Inc., Hopkins Park, Illinois, requesting a above-entitled application from 1260 kc., In re applications of Bartley T. Sims, continuance of the hearing presently 5 kw., unlimited time, to 1260 kc., 1 kw., Ukiah, California, Docket No. 9279, File scheduled for September 12, 1949, at unlimited time, and to change the loca­ No. BP-6911; Lloyd Bittenbender, F. Washington, D. C., in the proceeding tion of main studio from Morrisville, Walter Sandelin, Edgar W. Dutton, Guido upon the above-entitled application for Pennsylvania, to Trenton, New Jersey; Bennassini and T. R. Amarante, a part­ construction permit; and and nership, d/b as Mendocino Broadcasting It appearing, that no opposition to the It appearing, that petitioner’s applica­ Company, Ukiah, California, Docket No. granting of the instant petition has been tion is now scheduled for hearing in 9280, File No. BP-7145; for construction filed with the Commission; consolidation with the application of permits. It is ordered, This 2d day of Septem­ Station WOAX, Trenton, New Jersey, The Commission having under consid­ ber 1949, that the petition is granted; and and that the licensees of Stations WNAC eration a petition filed August 29,1949, by that the hearing upon the above-entitled and WFBM are parties respondent to the Bartley T. Sims, Ukiah, California, re­ application is continued to 10:00 a. m., proceeding; and questing a continuance of the hearing Monday, January 9,1950, at Washington, It appearing further, that no opposi­ presently scheduled for September 19, tion has teen filed with reference to the 1949, at Washington, D. C., in the pro­ D. C. j F ederal Communications aforementioned petition; ceeding upon the above-entitled appli­ It is ordered, This 22d day of August cations; an opposition thereto filed on Commission, August 30, 1949, by Mendocino Broad­ [seal] T. J. Slowie, 1949, that the petition of Morrisville Secretary. Broadcasting Company be, and it is here­ casting Company, Ukiah, California; and by granted; and a reply to said opposition filed on August [P. R. Doc. 49-7585: Plied, Sept. 20, 1949; It is further ordered, On the Commis­ 31,1949, by Bartley T. Sims; and 8:49 a. m.] sion’s own motion, that the hearing in It appearing, that the present state of this case, now scheduled to begin on the petitioner’s health will not permit August 30,1949, be, and it is hereby, con­ him to proceed to hearing on the date tinued to September 14,1949. presently scheduled; and that, therefore, [Docket No. 9230] in the interest of justice, the petitioner is F ederal Communications Coston-T ompkins Broadcasting Co. entitled to a reasonable continuance; Commission, It is ordered, This 2d day of September ORDER CONTINUING HEARING [seal] J ames D. Cunningham, 1949, that the petition is granted; and In re application of James Goodrich Hearing Examiner. that the hearing upon the above-entitled Coston and Julian Lanier Tompkins, [F. R. Doc. 49-7593; Filed, Sept. 20, 1949; applications is continued to 10:00 a. m., tr/as Coston-Tompkins Broadcasting 8:50 a. m.] Monday, November 21,1949, at Washing­ Company, Ironton, Ohio, Docket No. ton, D. C. 9230, File No. BP-6902; for construction F ederal Communications permit. The Commission having under consid­ Commission, [Docket No. 9257] [seal] T. J. S lowie, eration a petition filed August 26, 1949, Secretary. by Coston-Tompkins Broadcasting Com­ J ose R amon Quinones and WPTF Radio pany, Ironton, Ohio, requesting an indef­ Co. (WPTF) [F. R. Doc. 49-7584; Filed, Sept. 20, 1949; inite continuance of the hearing pres­ ORDER CONTINUING HEARING 8:49 a. m.] ently scheduled for September 14, 1949, In re petition of Jose Ramon Quinones, at Washington, D. C„ in the proceeding San Juan, Puerto Rico, Docket No. 9257; upon the above-entitled application for [Docket No. 9283] construction permit; and for reconsideration of action granting a It appearing, that there is pending be­ construction permit (File No. BP-6353) Lawrence B roadcasting Co. to WPTF Radio Company (WPTF), Ra­ ORDER CONTINUING HEARING fore the Commission a petition for recon­ leigh, North Carolina. sideration and grant filed on April 27, The Commission having under con­ In re application of Loula Mae Harri­ 1949; sideration a joint petition of the parties son, executrix of the estate of L. C. Har­ It is ordered, This 2d day of Septem­ in the above-entitled proceeding, Jose rison tr/as Lawrence Broadcasting Com­ ber 1949, that the petition is granted; Ramon Quinones and WPTF Radio Com­ pany, Lawrence, Kansas, Docket No. and that the hearing upon the above- pany, filed with the Commission August 9283, File No. BP-6827; for construction entitled application is continued indef­ 5,1949, requesting a thirty (30) day con­ permit. initely. tinuance of the hearing scheduled to The Commission having under consid­ F ederal Communications commence August 24, 1949; and eration a petition by Harry M. Plotkin, Commission, It appearing, that the purpose of the Acting General Counsel, filed August 17, [seal] T. J. S lowie, request for additional time is to enable 1949, requesting that the hearing herein Secretary. WPTF Radio Company to obtain certain be continued indefinitely pending action [P. R. Doc. 49-7587; Filed, Sept. 20, 1949; factual data which may obviate the ne­ by the Commission upon the applicant’s 8:50 a. m.] cessity for a hearing; and petition, filed July 25, 1949, for reconsid­ It appearing further, that there is no eration and grant without hearing; and opposition to the requested continuance; It appearing that no opposition has It is ordered, This 15th day of August been filed; [Docket Nos. 9253, 9254] 1949 that the motion be and it is hereby It is ordered, This 23d day of August WOAX, I nc. (WTNJ) and Morrisville granted, and the hearing presently 1949, that the petition for an indefinite B roadcasting Co. (WBUD) scheduled to begin August 24, 1949, is continuance be and it is hereby granted continued to Friday, September 23, 1949, and that the hearing be and it is hereby ORDER CONTINUING HEARING at the offices of the Commission. continued indefinitely. In re applications of WOAX, Inc. F ederal Communications F ederal- Communications (WTNJ), Trenton, New Jersey, Docket Commission, Commission, No. 9253, File No. BP-6845; Morrisville [seal] J. F red Johnson, Jr., [seal] Leo R esnick, Broadcasting Company (WBUD), Mor­ Hearing Examiner. Hearing Examiner. risville, Pennsylvania, Docket No. 9254, [F. R. Doc. 49-7597; Filed, Sept. 20, 1949; [F. R. Doc. 49-7592; Filed, Sept. 20, 1949; File No. BP-6967; for construction 8:50 a. m.] permits. 9:00 a. m.] No. 182----- 3 5770 NOTICES [Docket No. 9307] leave to amend was granted and the its application, now scheduled for Sep­ S un Valley B roadcasting Co., Inc amendment accepted; and tember 9, 1949, pending final action of (KTYL) It further appearing, that, the said the Commission upon the apparently ORDER CONTINUING HEARING amendment removes the objectionable conflicting application of Texas Star Interference to Station KWBR, Oakland, In re application of Sun Valley Broad­ Broadcasting Company . (Docket No. California, but that objectionable inter­ 8258), concerning which a proposed de­ casting Company, Inc. (KTYL), Mesa, ference in contravention of international Arizona, Docket No. 9307, Pile No. BP- cision favorable to the applicant here­ agreements or the Commission’s rules tofore has been rendered and oral 6418; for construction permit. and standards may be involved with For­ The Commission having under consid­ argument thereon has been requested by eign Broadcast Station XEC, Tijuana, the parties to that proceeding; and, eration a petition filed on August 5,1949, Mexico, or other existing foreign broad­ by the Sun Valley Broadcasting Com­ cast stations; and It appearing, in view of the present pany, Mesa, Arizona, requesting that the status of the proceeding involving the It further appearing, that, on the basis application of Texas Star Broadcasting hearing now scheduled for August 15, of information submitted in the instant 1949, at Washington, D. C., on the above- petitions and in the above-entitled appli­ Company that there is no certainty as entitled application for construction per­ to the date on which final action thereon cation Sun Valley Broadcasting Com­ may be expected; and, mit, be continued to September 14, 1949; pany, Incorporated, is legally, techni­ and cally, financially and otherwise qualified It appearing further, that there is no It appearing, that on May 24, 1949, or opposition to a grant of the continuance to construct and operate Station KTYL requested herein; subsequent to the designation of the as proposed, and that the type and char­ above-entitled application for hearing, acter of program service proposed to be It is ordered, therefore, This 29th day the petitioner herein filed a petition re­ rendered would meet the requirements of August 1949, that hearing upon the questing, among other things, leave to of the populations and areas proposed to above entitled application be, and it is amend its application, and removal of be served, but that the Commission is un­ hereby, continued indefinitely. the same from the hearing docket; and able to make a determination of the mat­ F’ederal Communications It further appearing, that on June 1, ters in issue as set out in the order of Commission, 1949, the Motions Commissioner granted May 5, 1949, designating the above-en­ [seal] J ames D. Cunningham, the said petition in part but referred to titled application for hearing and ac­ Hearing Examiner. the full Commission the request for a cordingly cannot determine whether a [F. R. Doc. 49-7588; Filed, Sept. 20, 1949; waiver of §§ 3.22 (c) (2) and 3.29 of the grant of the said application would be in 8:50 a. m.] Commission’s rules and the removal of the public interest; the said application for the hearing It is ordered, That the aforesaid action docket; and of June 3, 1949, of the Motions Commis­ It further appearing, that no action sioner in granting the petitions insofar [Docket No. 9341] has yet been taken by the Commission on as they request leave to amend is affirmed the request for removal which, if granted, and that the said petitions are denied in T ampa B roadcasting Co. (WALT> would obviate the necessity for a hearing all other respects; and order continuing hearing on the above-entitled application; and It is further ordered, That, on the In re application of : W. Walter Tison, It further appearing, that no opposi­ Commission’s own motion the order of tion has been filed to the petition under May 5, 1949, designating the above- tr/as Tampa Broadcasting Company consideration; (WALT), Tampa, Florida, Docket No. entitled application for hearing is 9341, File No. BP-6537; for construction It is ordered, This 12th day of August amended to remove Stafford W. Warner permit. 1949, that the petition be, and it is here­ and Eugene N. Warner d/b as Warner The Commission having under consid­ by, granted in part; and that the said Brothers as parties to the proceeding and eration a petition filed August 10,1949, by hearing on the above-entitled applica­ is further amended to delete that part tion be, and is hereby, continued until of issue 2 which refers specifically to the above W. Walter Tison requesting further notice. that the hearing in the above-entitled Station KWBR, Oakland, California, and proceedings be continued, and; F ederal Communications to include as issue 5. “To determine It appearing that on July 12, 1949, Commission, whether the operation of Station KTYL W. Walter Tison, applicant herein, filed' [seal] H ugh B. Hutchison, as proposed would involve objectionable with the Commission a petition request­ Hearing Examiner. interference with Station XEC, Tijuana, ing that the Commission reconsider and [P. R. Doc. 49-7599; Filed, Sept. 20, 1949; Mexico, or with any other existing for­ grant Without hearing the above-entitled 8:51 a. m.J eign broadcast stations and, if so, application, that said petition for recon­ whether such interference would be in sideration and grant is now pending and contravention of any international it is not possible to predict when it will agreement of the Commission’s rules and [Docket No. 9307] Standards”. be acted upon by the Commission, and S un Valley Broadcasting Co Inc the General Counsel having consented to (KTYL) F ederal Communications the requested continuance and to waive Commission, the requirements of § 1.745 of the Com­ order amending and enlarging issues [seal] T. J. S lowie, mission’s rules and regulations; In re application of Sun Valley Broad­ Secretary. It is ordered, This the 12th day of casting Company, Inc. (KTYL), Mesa, [F. R. Doc. 49-7607; Filed, Sept. 20, 1949; August 1949, that the hearings in the Arizona, Docket No. 9307, File No. BP- 8:52 a. in.] above-entitled proceedings now sched­ 6418; for construction permit. uled to begin August 17, 1949, at Wash­ At a session of the Federal Communi­ ington, D. C., be continued indefinitely. cations Commission, held at its offices in Washington, D. C„ on the 7th day of [Docket No. 9317] F ederal Communications September 1949; Commission, Eastland County B roadcasting Co. The Commission having under con­ [seal] Basil P. Cooper, sideration a petition and supplemental ORDER CONTINUING HEARING Hearing Examiner. petition filed by Sun Valley Broadcast­ In the matter of Dan Childress, J. W. [F. R. Doc. 49-7602; Filed, Sept. 20, 1949; ing Company, Incorporated for leave to Courtney, Grady Pipkin, Donald C. Hill, 9:00 a. m.] amend and for removal from the hearing Alton W. Stewart & Gordon Griffin, a docket and grant of its above-entitled Partnership d/b as Eastland County application as amended and for waiver of Broadcasting Company, Eastland, Texas, [Docket Nos. 9360, 9361] § 3.22 (c) (2) and § 3.29 of the Commis­ Docket No. 9317, File No. BP-5688; for sion’s rules and regulations; construction permit. Lake H uron Broadcasting Co. (WKNX) It appearing, that, the above-entitled The Commission having under consid­ and Booth R adio S tations, Inc. application was designated for hearing eration the petition of the applicant order continuing hearino May 5, 1949, and that June 3, 1949, that herein, filed August 25, 1949, which re­ part of the said petitions which request In the matter of Lake Huron Broad­ quests a continuance of the hearing upon casting Company (WKNX), Saginaw, 5771 Wednesday, September 21, 1949 FEDERAL REGISTER Docket No. 9446, File No. BP—7014; for Michigan, Docket No. 9360, Pile No. BP- The Commission having under consid­ 6447; Booth Radio Stations, Inc., Grand eration a petition filed August 26, 194Ô, construction permit. by Sunshine Television Corporation, St. At a session of the Federal Communi­ Rapids, Michigan, Docket No. 9361, Filé cations Commission, held at its offices in No. BP-7103; for construction permits. Petersburg, Florida, requesting a 30-day The Commission having under con­ continuance of the hearing presently Washington, D. C., on the 7th day of scheduled for September 8, 1949, at September 1949; sideration a petition filed on August 3, The Commission having under consid­ 1949, by Lake Huron Broadcasting Com­ Washington, D. C., in the proceeding pany (WKNX), requesting continuance upon the above-entitled application for eration the above-entitled application extension of TV completion date; and for a permit to construct a new stand­ of the hearing herein now scheduled Au­ ard broadcast station to operate on fre­ gust 31, 1949, and all parties to the pro­ It appearing, that no opposition to the ceeding having consented to a continu­ granting of the instant petition has been quency 1400 kilocycles, with 250 watts ance of said hearing to November 1,1949; filed with the Commission ; power, unlimited time at Reading, Penn­ It is ordered, This 12th day of August It is ordered, This 2d day of September sylvania, and also having under consid­ 1949, that the petition of Lake Huron 1949, that the petition is granted; and eration a petition filed January 14, 1949, Broadcasting Company is hereby grant­ that the hearing upon the above-entitled by Associated Broadcasters, Inc., request­ ed, and the hearing in the above-entitled application is continued to 10:00 a. m., ing that the said application be desig­ proceeding is hereby continued to No­ Wednesday, October 12, 1949, at Wash­ nated for hearing and that petitioner be ington, D. C. made a party to the proceeding; vember 1, 1949, at Washington, D. C. It appearing, that, the applicant is F ederal Communications F ederal Communications legally, technically, financially, and Commission, Commission, otherwise qualified to operate the pro­ [seal] J ack P. Blume, [seal] T. J. Slowie, posed station and that the type and char­ Hearing Examiner. Secretary. acter of program service proposed to be [P. R. Doc. 49-7601; Filed, Sept. 20, 1949; [F. R. Doc. 49-7586; Filed, Sept. 20, 1949; rendered would meet the requirements 8:51 a. m.] 8:50 a. m.] of the populations and areas proposed to be served, but that the application may involve interference with one or more [Docket No. 9384] existing stations and otherwise not com­ [Docket No. 9409] ply with the Standards of Good Engi­ U nited F armers’ T elephone and T ele­ San Antonio T elevision Co. neering Practice; graph Co. and I nterstate T elegraph It is ordered, That, the said petition is Co. ORDER CONTINUING HEARING granted and that, pursuant to section ORDER CONTINUING HEARING In re application of R. L. Wheelock, 309 (a) of the Communications Act of In re applications of United Farmers’ W. L. Pickens, and H. H. Coffield, a part­ 1934, as amended, the said application is Telephone & Telegraph Co., Gardner- nership d/b as San Antonio Television designated for hearing at a time and ville, Nevada, Docket No. 9384, File No. Company, San Antonio, Texas, Docket place to be designated by subsequent or­ P-C-2212; and Interstate Telegraph No. 9409, File No. BMPCT-543; for ex­ der of the Commission, upon the follow­ Company, Riverside, California; for a tension of time within which to construct ing issues: certificate under section 221 (a) of the an authorized television station. 1. To determine the areas and popula­ The Commission having under consid­ tions which may be expected to gain or Communications Act of 1934, as amended lose primary service from the operation to merge. eration the petition of R. L. Wheelock, The Commission having under consid­ W. L. Pickens, and H. H. Coffield, a part­ of the proposed station and the character eration a petition filed August 16, 1949, nership, d/b as San Antonio Television of other broadcast service available to by the above applicants, requesting that Company, filed on August 18, 1949, to those areas and populations. the hearing in the above-entitled pro­ continue indefinitely the hearing in the 2. To determine whether the opera­ ceedings, now scheduled to begin on Au­ above-entitled proceeding now scheduled tion of the proposed station would in­ gust 30, 1949, be continued; and, to be held on September 1, 1949; and volve objectionable interference to Sta­ It appearing that the above-entitled It appearing, that on August 15, 1949, tions WEST, Easton, Pennsylvania; applicants are scheduled to appear be­ the petitioner filed a “Petition for Recon­ WD AS, Philadelphia, Pennsylvania; fore the Public Utilities Commission of sideration and Grant” requesting the WHGB, Harrisburg, Pennsylvania, or California, on August 18, 1949, for the Commission to reconsider its action of with any other existing broadcast sta­ presentation of their application before June 26, 1949, which denied petitioner’s tions and, if so, the nature and extent that Commission, and that applicants request for an extension of time in which thereof, the areas and populations af­ request for continuance is for the pur­ to construct its television station; and fected thereby, and the availability of pose of preparing additional data to pre­ It further appearing, that the petition other broadcast service to such areas and sent to this Commission, and the General for reconsideration has not been disposed populations. of by Commission action; and 3. To determine whether the opera­ Counsel having consented to such con­ tion of the proposed station would in­ tinuance ; It further appearing, that no opposi­ It is ordered, This the 19th day of Au- tion to the petition for continuance has volve objectionable interference with the gu;t 1949, that the hearing in the above- been filed; services proposed in any other pending entitled proceedings, now scheduled to Now therefore it is ordered, This 26th applications for broadcast facilities and, begin on August 30, 1949, be continued day of August 1949 that the petition for if so, the nature and extent thereof, the continuance be granted and the hearing areas and populations affected thereby, to 10:00 a. m., September 28, 1949, at upon this application is continued in­ and the availability of other broadcast Washington, D. C. definitely. service to such areas and populations. F ederal Communications 4. To determine whether the installa­ F ederal Communications Commission, tion and operation of the proposed sta­ Commission, [seal] Basil P. Cooper, tion would be in compliance with the [seal] J. D. B ond, Hearing Examiner. Hearing Examiner. Commission’s Rules and Standards of [F. R. Doc. 49-7595; Filed, Sept. 20, 1949; Good Engineering Practice Concerning 8:50 a. m.] [F. R. Doc. 49-7591; Filed, Sept. 20, 1949; Standard Broadcast Stations with par­ 8:50 a. m.] ticular reference to the areas and popu­ lation of the city of Reading, Pennsyl­ [Docket No. 9389] vania, and the Metropolitan District to Sunshine Television Corp. (WSEE) [Docket No. 9446] receive satisfactory service. It is ordered, That, Associated Broad­ ORDER CONTINUING HEARING R adio R eading casters, Inc., licensee of Station WEST, In re application of Sunshine Tele­ ORDER DESIGNATING APPLICATION FOR Easton, Pennsylvania; WDAS Broadcast­ vision Corporation (WSEE), St. Peters­ HEARING ON STATED ISSUES ing Station, Inc., licensee of Station burg, Florida, Docket No. 9389, File No. In re application of John J. Keel tr/as WDAS, Philadelphia, Pennsylvania; and BMPCT-529; for extension of TV com­ Harrisburg Broadcasting Company, li- pletion date. Radio Reading, Reading, Pennsylvania, 5772 NOTICES

censee of Station WHGB, Harrisburg, pany and to distribute its remaining net By the Commission, Pennsylvania, are made parties to the assets, consisting of cash, to the holders proceeding. of the capital stock in the proportions [seal] Orval L. D uBois, Secretary. F ederal Communications that the amounts paid in on their respec­ Commission, tive shares bore to the total amount of [P. R. Doc. 49-7578; Piled, Sept. 20, 1949; [seal] T. J. S lowie, paid-in capital. Such distribution has 8:47 a. m.] Secretary. not yet been made to Washington or to certain other stockholders whose certifi­ [F. R. Doc. 49-7605; Piled, Sept. 20, 1949; cates have not been presented for distri­ [File No. 70-2186] 8:52 a. m.] bution. U tah P ower & Light Co. The payment by Columbia of its de­ FEDERAL POWER COMMISSION mand notes held by Washington and the supplemental order permitting declara­ distribution of a portion of Columbia’s tion TO BECOME EFFECTIVE [Docket No. E-6152] remaining net assets to certain of its At a regular session of the Securities F lorida P ower Corp. stockholders other than Washington and Exchange Commission, held at its were made without a request for authori­ office in the city of Washington, D. C„ order postponing hearing zation of this Commission for the stated on the 14th day of September A. D. 1949. September 15,1949. reason that counsel for Columbia did not Utah Power & Light Company Counsel for Florida Power Corporation believe that the Public Utility Holding (“Utah”), a registered holding company, having requested that the hearing in this Company Act of 1935 and the rules there­ having filed a declaration and amend­ matter, heretofore set for October 10, under were applicable to such transac­ ments thereto, pursuant to the Public 1949, be postponed until after October tions. Columbia now requests that these Utility Holding Company Act of 1935, 19, 1949; transactions and the distribution of its particularly sections 6 (a) and 7 thereof The Commission orders: remaining cash be authorized by the and Rule U-50 thereunder, regarding the The hearing in this matter now set to Commission pursuant to sections 12 (c) issue and sale at competitive bidding of commence on October 10, 1949, be and and 12 (f ) of said act and Rules U-42 and 148,155 additional shares of its common the same is hereby postponed to com­ U-46 thereunder and that the Commis­ stock, subject to a rights offering to its mence at 10:00 a. m., e. s. t., on October sion’s order herein become effective upon present stockholders on the basis of one 24,1949, in the Hearing Room of the Fed­ the issuance thereof. - share of additional stock for each eight eral Power Commission, 1800 Pennsyl­ Notice is further given that any inter­ shares of common stock presently held, vania Avenue NW., Washington, D. C. ested person may, not later than Septem­ and $3,000,000 principal amount of its ber 29,1949, at 5:30 p. m., e. s. t., request First Mortgage Bonds, Series due Date of issuance: September 16, 1949. in writing that a hearing be held on such 1979; and By the Commission. matter, stating the nature of his inter­ The Commission having by order dated est, the reasons for such request and the September 1,1949 permitted said declara­ [ seal] Leon M. F uqua y, issues of fact or law, if any, raised by said tion, as then amended, to become effec­ Secretary. declaration which he desires to contro­ tive subject to the condition that the [P. R. Doc. 49-7580; Piled, Sept. 20, 1949; vert, or may request that he be notified proposed issues and sales of securities not 8:47 a. m.] if the Commission should order a hear­ be consummated until the results of com­ ing thereon. Any such request should be petitive bidding pursuant to Rule U-50 addressed: Secretary, Securities and Ex­ should have been made a matter of rec­ SECURITIES AND EXCHANGE change Commission, 425 Second Street ord in this proceeding and a further order NW., Washington 25, D. C. At any t.imp entered by the Commission in the light COMMISSION after 5:30 p. m., e. s. t., on September 29, of the record as so completed, and sub­ [Pile No. 70-1881] 1949, said declaration, as filed or as ject to a reservation of jurisdiction with amended, may be permitted to become Columbia Highlands Co. respect to the payment of all fees and effective as provided in Rule U-23 of the expenses incurred or to be incurred in NOTICE OF FILING rules and regulations promulgated under connection with the proposed transac­ At a regular session of the Securities said act, or the Commission may exempt tions; and and Exchange Commission, held at its such transactions as provided in Rule Utah having filed a further amend­ office in the city of Washington, D. C., on U-20 (a) and Rule U-100 thereof. All ment to its declaration setting forth that the 15th day of September A. D. 1949. interested persons are referred to said it had requested bids for the common Notice is hereby given that Columbia declaration which is on file with the Com­ stock only, bids for the bonds to be re­ Highlands Company <“Columbia”), a quested at a later date, and that in re­ mission for a statement of the transac­ sponse to such invitations the following non-utility subsidiary of Washington tions therein proposed. Irrigation & Development Company bids for the common stock were received: (“Washington”), a non-utility subsidiary Price to of American Power & Light Company, a Underwriter company Underwriter’s Aggregate net registered holding company, has filed a (per share)1 compensation proceeds declaration pursuant to the Public Util­ ity Holding Company Act of 1935, partic­ Union Securities Corp., and Smith, Barney & Co $23.50 $108,390.20 üiüaer, ¿'eabody & Co. and Merril Lynch, Pierce Fenner & $3,373,252.30 ularly sections 12 (c) and 12 (f) thereof Beane______. 23.25 3, 358, 704.75 and Rules U-42 and U-46 thereunder, Lehman Bros___ 23.125 Blyth & Co., Inc____ 3,301,782.325 with respect to the following transac­ 23.125 3,260,891.375 tions: W. O. Langley & Co. and Glore, Forgan & Co . 23.00 162,8%. 00 3,244, 667.00 Columbia, prior to November 21, 1947, had outstanding $32,375 principal 1 The price to the company indicates the subscription price to stockholders. amount of 6% demand notes and 1,000 The amendment further stating that underwriters after the expiration of the shares of $100 par value capital stock, Utah has accepted the bid of the under­ subscription period and prior to the ex­ including 450 shares partially paid. writing group jointly headed by Union piration of 21 days after such expiration Washington held all of the 6% demand Securities Corporation and Smith, Bar­ of the subscription period at a price in notes and 250 shares of the capital stock ney & Co., as set forth above; and it ap­ excess of the subscription price, the un­ which were fully paid. On November 21, pearing that the underwriting agreement derwriters will pay to the company in 1947, Columbia consummated the sale of provides that the said underwriters will addition to the subscription price one- all of its property consisting of unculti­ purchase from the company at the sub­ half of such excess; and vated land, and paid its outstanding 6% scription price indicated above such of The record not having been completed notes at principal amount plus accrued the shares as are not purchased upon with respect to fees and expenses in­ interest. On May 20, 1948, Columbia’s exercise of subscription warrants, and curred in connection with the sale of said stockholders voted to dissolve the com- that if any such shares are sold by the stock: 5773 Wednesday, September 21, 1949 FEDERAL REGISTER penses paid or to be paid to Haskins & It is ordered, Subject to the terms and to submit a bid or bids for either of the conditions prescribed in Rule U-24 that aforementioned blocks of stock that it Sells. would receive bids for the 250,000 shares It is further ordered and recited and the said declaration, as amended, be and the Commission finds, That the sale and the same hereby is permitted to become of Louisville Common Stock only; and The aforesaid amendment further transfer by Standard of 250,000 shares effective forthwith subject to the follow­ of Common Stock, without par value, of ing conditions: having set forth the action taken ^ by Standard to comply with the require­ Louisville (represented by Certificate (1) That jurisdiction heretofore re­ NO-25466) now held by Standard and the served with respect to the sale of the ments of Rule U-50 and stating that pur­ suant to the invitation for competitive use of the net proceeds from said sale bonds in that such sale shall not be con­ towards the retirement of its promissory summated until a further amendment bids for the said Louisville Common Stock the following bids were received: notes due December 3,1949, issued under shall be filed setting forth the results of a bank loan agreement dated November competitive bidding and a further order Price per 26, 1948, are necessary or appropriate entered by the Commission in the light Bidding group share to to the integration or simplification of the of the record so completed, be and the headed by— Standard Lehman Bros, and Blyth & Co., Inc_ $29. 765 holding company system of which Stand­ same hereby is continued; and Glore, Forgan & Co. and W. C. ard is a member and are necessary or (2) That jurisdiction heretofore re­ Langley & Co------29.481 appropriate to effectuate the provisions served with respect to the fees and ex­ Merrill Lynch, Pierce, Fenner & of section 11 (b) of, the Public Utility penses incurred or to be incurred in con­ Beane, Union Securities Corp. Holding Company Act of 1935. nection with the sale of bonds and com­ and White Weld & Co------29.419 mon stock, be and the same hereby is The First Boston Corp------29.4056 By the Commission. continued. And Standard having stated that it has [SEAL] ORVAL L. D uB O IS, By the Commission. accepted the bid of Lehman Brothers and Secretary. Blyth & Co., Inc., and that the purchasers [SEAL] ORVAL L. DUBOIS, [F. R. Doc. 49-7576; Filed, Sept. 20, 1949; Secretary. propose to offer said shares to the public 8:47 a. m.] at $30,375 per share, resulting in an un­ [P. R. Doc. 49-7574; Piled, Sept. 20, 1949; derwriters’ spread of $0.61 per share; and 8:46 a. m.] The Commission having examined the amendment herein filed on September 12, [File No. 70-2196] 1949 and having considered the record W est P enn Electric Co. herein and finding no basis for impos­ [File No. 70-2189] ing terms and conditions with respect to ORDER GRANTING AND PERMITTING AMENDED the price to be received for said Louisville APPLICATION-DECLARATION TO BECOME S tandard Gas and Electric Co. Common Stock, the underwriters’ spread EFFECTIVE SUPPLEMENTAL ORDER RELEASING JURIS­ or otherwise, and it appearing appropri­ At a regular session of the Securities DICTION AND GRANTING AND PERMITTING ate to the Commission that jurisdiction and Exchange Commission held at its of­ APPLICATION-DECLARATION TO BECOME heretofore reserved to consider the fice in the city of Washington, D. C., on EFFECTIVE results of the competitive bidding be the 14th day of September A. D. 1949. At a regular session of the Securities released; and The West Penn Electric Company and Exchange Commission, held at its It appearing to the Commission that (“Electric”), a registered holding com­ office in the city of Washington, D. C.t the fees and expenses proposed to be paid pany, having filed with this Commission on the 12th day of September 1949. by Standard in connection with the an application-declaration, pursuant to Standard Gas and Electric Company transactions to which these proceedings the Public Utility Holding Company Act (“Standard”), a registered holding com­ pertain, aggregating approximately $65,- of 1935, and certain rules and regulations pany and a subsidiary of Standard Pow­ 000 and including accounting fees and promulgated thereunder, regarding the er and Light Corporation, also a regis­ expenses of $9,000 to Haskins & Sells and following transactions: tered holding company, having filed an $6,557.44 to Arthur Andersen & Co. ; coun­ The issuance and sale by Electric, pur­ application-declaration and amendments sel fees of $2,500 to Middleton, Seelbach, suant to the competitive bidding require­ Wolford, Willis & Cochran, $1;250 to ments of Rule U-50, of $31,000,000 thereon pursuant to the Public Utility Rainey, Flynn, Green & Anderson, and principal amount of —% Sinking Fund Holding Company Act of 1935 (“act”) , not in excess of $11,250 to Flynn, Clerkin Collateral Trust Bonds, due November 1, regarding the sale, pursuant to the com­ & Hansen, plus out-of-pocket expenses 1974; the issuance and sale of 856,895 petitive bidding requirements of Rule in each case; and the counsel fees of shares of Common Stock, no par value, U-50 promulgated under the act, of Gardner, Carton & Douglas, independent this stock to be offered in the amount of either 250,000 shares of Common Stock, counsel, amounting to not in excess of 468,621 shares on subscription rights, at without par value, of its public utility $5,500, of which $4,000 is to be paid by the the rate of one share for five shares now subsidiary Louisville Gas and Electric successful bidder and not in excess of held, to present holders of Electric’s Com­ Company (“Louisville”) or 200,000 shares $1,500 is to be paid by Standard, are not mon Stock, and to be offered in the of Common Stock, par value $20 per unreasonable, with the exception that amount of 388,274 shares plus the bal­ share, of its public utility subsidiary the record herein is not complete as to ance, if any, of the shares not taken on Oklahoma Gas and Electric Company the aforesaid fee proposed to be paid subscription by the common stockhold­ (“Oklahoma”); and The Commission, by order dated Sep­ Haskins & Sells: ers, on exchange offers to the present It is ordered, That jurisdiction hereto­ holders of 7% Cumulative Preferred tember 1,1949, having granted and per­ Stock, 6% Cumulative Preferred Stock, mitted to become effective said applica­ fore reserved to consider the results of the competitive bidding with respect to and Class A stock of Electric; the tion-declaration, as amended, subject, redemption of all of Electric’s preferred among other things, to the condition that the sale of said stock be, and hereby is, released and that said application-decla­ and Class A stock not exchanged for new the proposed sale shall not be consum­ Common Stock; and the restatement of mated until the results of competitive ration, as amended, be, and hereby is, granted and permitted to become effec­ Electric’s accounts to reflect its invest­ bidding pursuant to Rule U-50 shall have ments in its subsidiaries at their under­ been made a matter of record in these tive forthwith, subject to the terms and proceedings and a further order shall conditions prescribed by Rule U-24. lying book values; It is further ordered, That jurisdiction A public hearing on this application- have been entered by the Commission in declaration, as amended, having been the light of the record so completed, heretofore reserved with respect to all fees and expenses in connection with held, after appropriate notice, and the which order shall contain such further Commission having considered the rec­ terms and conditions as may then be Standard’s proposed transactions in these proceedings be, and hereby is, re­ ord and having made and filed its find­ deemed appropriate; and ings and opinion herein; Standard, on September 12,1949, hav­ leased, with the exception, however, that jurisdiction be, and hereby is, continued It is hereby ordered, that the amended ing filed a further amendment to its application-declaration be, and the same amended application-declaration stating to be reserved to complete the record as to and to consider and determine hereby is, granted and permitted effec­ that it had, on September 7,1949, advised tiveness subject to the terms and condi-. all parties who had evinced an intention the reasonableness of the fees and ex- 5774 NOTICES tions prescribed in Rule U-24 and to the (3) The issue upon original issue by a utility subsidiary of Middle South Util­ following additional terms and condi­ Electric of an aggregate of 856,895 addi­ tions: ities, Inc., a registered holding company tional shares of its Common Stock and subsidiary of Electric Bond and Share (1) That the proposed issuance and (a) the sale and delivery thereof by Elec­ Company, also a registered holding com­ sale of the $31,000,000 aggregate prin­ tric upon exercise of the Subscription cipal amount of __% Sinking Fund Col­ pany, has filed an application pursuant Warrants or otherwise pursuant to the to the Public Utility Holding Company lateral Trust Bonds, due November 1, Subscription Offer described in the appli­ 1974, by Electric shall not be consum­ Act of 1935 and has designated section cation-declaration or (b) the exchange 6 (b) thereof and Rule U-50 of the rules mated until the results of competitive and delivery thereof (together with cash bidding, held with respect thereto, have and regulations promulgated thereunder in lieu of any fraction of a share) by as applicable to the proposed transac­ been made a matter of record in ¿his Electric for shares of its outstanding 6% proceeding and a further order has been tions which are summarized as follows: Cumulative Preferred Stock, 7% Cumu­ Arkansas proposes to issue and sell issued by this Commission on the basis lative Preferred Stock and Class A Stock pursuant to the competitive bidding re­ of the record so completed, jurisdiction pursuant to the Exchange Offer de­ quirements of Rule U-50 $8,700,000 prin­ being reserved at this time to permit the scribed in the application-declaration or cipal amount of its First Mortgage Bonds, Imposition of such terms and conditions (c) the sale and delivery thereof by as shall then appear appropriate; —% Series, due 1979. Such Bonds will Electric to underwriters; be issued under and secured by the Com­ '(2) That, for the purposes of this case, (4) The surrender and delivery to pany’s presently existing Mortgage and the ten-day period for soliciting bids re­ Electric, in exchange for shares of its Deed of Trust dated as of October 1,1944 quired by Rule U-50 be shortened to a Common Stock, of shares of its 6% as supplemented by the First, Second and period of not less than five days; Cumulative Preferred Stock, 7% Cumu­ Third Supplemental Indentures dated as (3) That the issuance of the 856,895 lative Preferred Stock and Class A stock, of July 1,1947, August 1, 1948 and Octo­ shares of new Common Stock by Electric the redemption by Electric of the out­ ber 1,1949, respectively. pursuant to the subscription offer and standing shares of such stocks not so ex­ The application states that the pro­ exchange offers shall not be undertaken changed, and the cancellation and retire­ ceeds will be used in connection with the until the precise terms with respect to ment by Electric of shares of such stocks company’s construction program and for these offers, together with a full state­ so exchanged or redeemed; other corporate purposes. The com­ ment regarding the negotiations leading (5) The redemption and retirement by pany’s construction program for the year to the selection of the underwriters for Electric of the $5,000,000 principal 1949 Is estimated to cost approximately this issue of Common Stock, have been a amount of its Gold Debentures, 5% Series $23,100,000 of which approximately $13.- matter of record in this proceeding and due 2030, presently outstanding; 370,000 had been expended to Julv 31 a further order has been issued by this (6) The purchase by Electric from 1949. Commission on the basis of the record so West Penn Power Company pursuant to The application states that, the issu­ completed, jurisdiction being reserved at the order of this Commission, dated July ance and sale of the proposed security this time to permit the imposition of such 28, 1949 (File No. 54-175), of 583,9992%s is subject to the approval of the Arkansas terms and conditions as shall then appear shares of common stock of Monongahela appropriate; Public Service Commission, the State Power Company; Commission of the state in which Ar­ (4) That jurisdiction be reserved with (7) The assignment, transfer and de­ kansas is organized and doing business. respect to the payment of any and all livery by Electric to Chemical Bank & Notice is further given that any inter­ fees and expenses incurred, or to be in­ Trust Company, as Trustee, in pledge ested person may, not later than Sep­ curred, in connection with the consum­ under the Trust Indenture, to be dated tember 29, 1949, at 5:30 p. m., e. s. t., mation of the proposed transactions; September 1, 1949, of 2,938,430 shares of request in writing that a hearing be held It is further ordered and recited, That common stock of West Penn Power Com­ on such matter, stating the nature of his all acts required for the consummation pany (subject, in the case of 780,480 interest, the reasons for such request and of the several transactions set forth in shares, to the prior pledge thereof to the issues of fact or law, if any, raised the application-declaration, including all secure the First Mortgage 5% Gold Bonds by said application which he desires to issues, sales, exchanges, deliveries, of West Penn Traction Company), 1,067,- controvert, or may request that he be transfers, assignments, surrenders, re­ 000 shares of common stock of Mononga­ notified if the Commission should order tirements, cancellations, distributions, hela Power Company and 450,000 shares a hearing thereon. Any such request purchases, receipts and acquisitions be, of the common stock of The Potomac should be addressed: Secretary, Securi­ and they hereby are, found to be neces­ Edison Company. ties and Exchange Commission, 425 Sec­ sary or appropriate to effectuate the pro­ It is further ordered, That the condi­ ond Street NW., Washington 25, D. C. visions of section 11 (b) of the Public tion of our order of July 28, 1949, issued Utility Holding Company Act of 1935 and At any time after September 29, 1949, at with respect to a section 11 (e) plan of 5:30 p . m., e. s. t., said application, as necessary or appropriate to the simplifi­ Electric embraced in File No. 54-175, re­ filed or as amended, may be granted as cation of the holding company system of quiring that Electric upon consumma­ provided by Rule U-23 of the rules and which Electric is a member and in all tion of that section 11 (e) plan should regulations promulgated under said act, respects fair and equitable to the persons not, until further order of this Commis­ or the Commission may exempt such affected thereby and said acts and trans­ sion, include in its financial statements transactions as provided in Rule U-20 (a) actions are, accordingly, approved and and Rule U-100 thereof. authorized to effect said provisions of any dividends from West Penn Railways section 11 (b) and said simplification Company, a direct subsidiary of Electric, By the Commission. and, without limiting the generality of as income, be, and hereby is, terminated. the foregoing, the following acts and By the Commission. [seal] Orval L. D ttB ois, Secretary. transactions are so approved * and au­ [seal] Orval L. D tjB ois, thorized : [F. R. Doc. 49-7577; Filed, Sept. 20, 1949’ (1) The delivery by Electric to Chemi­ Secretary. 8:47 a. m.] cal Bank & Trust Company, as Trustee, [F. R. Doc. 49-7575; Filed, Sept. 20, 1949; of its Trust Indenture, to be dated Sep­ 8:46 a. m.] tember 1, 1949, the issue upon original DEPARTMENT OF JUSTICE issue thereunder of an aggregate of $31,- 000,000 principal amount of the Sinking Immigration and Naturalization Fund Collateral Trust Bonds, due No­ [File No. 70-2216] Service vember 1,1974, of Electric, and the offer, Arkansas P ower & Light Co. sale and delivery of said bonds pursuant Central Office: Assistant Commission­ NOTICE OF FILING er, R esearch, Education and Informa­ to the provisions of Rule U-50; tion Division (2) The issue upon original issue by At a regular session of the Securities Electric and the pro rata distribution and Exchange Commission held at its NOTICE OF CHANGE IN ORGANIZATION and delivery to holders of its Common office in the city of Washington, D. C„ Stock of Subscription Warrants for the September 14, 1949. on the 15th day of September A. D. 1949, Effective September 1,1949, the follow­ purchase of an agregate of 458,621 ad­ Notice is hereby given that Arkansas ditional shares of its Common Stocky ing amendment is made in those provi­ Power & Light Company (“Arkansas”)* sions which were formerly designated as 5775 Wednesday, September 21, 1949 FEDERAL REGISTER [Vesting Order 13809] section 1.18 of Chapter I. Title 8 of the which insure the real property described Code of Federal Regulations, but the in subparagraph 2-a hereof: Hans B ender codification of which has been discon­ Fire and Extended Coverage Policy No. In re: Bank account owned by Hans tinued: 92563-S issued by Illinois Mutual Fire Insur­ Bender. F-28-27014-E-1. Section 1.18 is amended to read as fol­ ance Company, Belvidere, Illinois, in the Under the authority of the Trading amount of $4,250.00, expiring April 4, 1950. lows: Fire and Extended Coverage Policy No. With the Enemy Act, as amended, Execu­ S ec. 1.18 Central Office: The Assistant 66373-S issued by Illinois Mutual Fire Insur­ tive Order 9193, as amended, and Execu­ Commissioner, Research, Education and ance Company, Belvidere, Illinois, in the tive Order 9788, and pursuant to law, Information Division. The Assistant amount of $3,250.00, expiring November 8, after investigation, it is hereby found: Commissioner, Research, Education and 1951, 1. That Hans Bender, whose last Information Division, supervises and di­ c. That certain debt or other obligation known address is Burganderstrasse 13, rects that part of the work of the Service owing to the persons named in subpara­ Freiburg, Breisgan, Germany, is a resi­ concerning the citizenship education pro­ graph 1 hereof, by William H. Reich, 605 dent of Germany and a national of a gram provided by section 327. (c) of the Lake Street, Maywood, Illinois, arising designated enemy country (Germany); Nationality Act of 1940 (54 Stat. 1151; out of their share of the rents collected 2. That the property described as fol­ 8 U. S. C. 727 (c)) as implemented by 8 on the property described in subpara­ lows : That certain debt or other obliga­ CFR Part 356, and supervises and di­ graph 2-a hereof, and any and all rights tion owing to Hans Bender, by Chemical rects public relations with respect to to demand, enforce and collect the same, Bank & Trust Company, 165 Broadway, Service activities, including the publica­ New York, New York, arising out of Mis­ tion of informative releases relating to is property within the United States cellaneous Deposits Account, entitled owned or controlled by, payable or deliv­ Hans Bender, maintained at the aforesaid the work of the Service. erable to, held on behalf of or on account bank, and any and all rights to demand, (Sec. 3 (a), 60 Stat. 237; 5 Ü. S. C..1002) of, or owing to, or which is evidence of enforce and collect the same, ownership or control by, the aforesaid Watson B. Miller, nationals of a designated enemy country is property within the United States Commissioner of owned or controlled by, payable or deliv­ Immigration and Naturalization. (Germany); erable to, held on behalf of or on account Approved: September 14,1949. and it is hereby determined: of, or owing to, or which is evidence of 3. That to the extent that the persons ownership or control by, the aforesaid J. Howard McGrath, named in subparagraph 1 hereof are not national of a designated enemy country Attorney General. within a designated enemy country, the (Germany); national interest of the United States [P. R. Doc. 49-7581; Piled, Sept. 20, 1949; and it is hereby determined: 8:48 a. m.] requires that such persons be treated as nationals of a designated enemy country 3. That to the extent that the person (Germany). named in subparagraph 1 hereof is not All determinations and all action re­ within a designated enemy country, the quired by law, including appropriate con­ national interest of the United States Office of Alien Property sultation and certification, having been requires that such person be treated as a made and taken, and it being deemed national of a designated enemy country Authority: 40 Stat. 411, 55 Stat. 839, Pub. (Germany). Laws 322, 671, 79th Cong., 60 Stat. 50, 925; 50 necessary in the national interest, There is hereby vested in the Attorney All determinations and all action re­ U. S. C. and Supp. App. 1, 616; E. O. 9193, quired by law, including appropriate con­ July 6, 1942^3 CFR, Cum. Supp., E. O. 9567, General of the United States the prop­ June 8, 1945, 3 CFR, 1945 Supp., E. O. 9788, erty described in subparagraph 2-a here­ sultation and certification, having been Oct. 14. 1946, 11 P. R. 11981. of, subject to recorded liens, encum­ made and taken, and it being deemed necessary in the national interest, [Vesting Order 13796] brances and other rights of record held There is hereby vested in the Attorney by or for persons who are not nationals General of the United States the property Minna Elise Stiller et al. of designated enemy countries, and There is hereby vested in the Attorney described above, to be held, used, admin­ In re: Interest in real property, prop­ General of the United States the prop­ istered, liquidated, sold or otherwise dealt erty insurance policies and claim owned with in the interest of and for the benefit erty described in subparagraph 2-b and of the United States. by Minna Elise Stiller, also known as 2-c hereof, Minna Stiller, and others. All such property so vested to be held, The terms “national” and “designated Under the authority of the Trading used, administered, liquidated, sold or enemy country” as used herein shall have With the Enemy Act, as amended, Exec­ otherwise dealt with in the interest of the meanings prescribed in section 10 of utive Order 9193, as amended, and Exec­ and for the benefit of the United States. Executive Order 9193, as amended. utive Order 9788, and pursuant to law, The terms “national” and “designated Executed at Washington, D. C., on Sep­ after investigation, it is hereby found: enemy country” as used herein shall have tember 12, 1949. i; That Minna Elise Stiller, also known the meanings prescribed in section 10 of For the Attorney General. as Minna Stiller; Elizabeth Steiner, also Executive Order 9193, as amended. known as Elisabeth Stiner, and as Eliza­ [seal] D avid L. Bazelon, beth Fassion; and Augusta Klein, also Executed at Washington, D. C., on Assistant Attorney General, known as Augusta Fassion, and as September 12, 1949. Director, Office of Alien Property. Augusta Fassian, whose last known ad­ For the Attorney General. [F. R. Doc. 49-7610; Filed, Sept. 20, 1949; dresses are Germany, are residents of 8:53 a. m.] Germany and nationals of a designated [seal] D avid L. B azelon, Assistant Attorney General, enemy country (Germany). Director, Office of Alien Property. 2. That the property described as fol­ [Vesting Order 13816] lows: Exhibit A B abette Minderlein a. An undivided two-thirds (%) inter­ All that certain property situated in the est in real property situated in La Grange, County of Cook, State of Illinois, described In re: Debt owing to Babette Minder­ County of Cook, State of Illinois, par­ as follows: lein. F-28-30435-C-1. ticularly described in Exhibit A, attached Lot twenty-five (25) in Block Nine (9) in Under the authority of the trading hereto and by reference made a part Cossitt’s First Addition to LaGrange, being a With the Enemy Act, as amended, Execu­ hereof, together with all hereditaments, Subdivision of that part of the North West tive Order 9193, as amended, and, Execu­ fixtures, improvements and appurte­ Quarter (NW)4) of Section Four (4), Town­ tive' Order 9788, and pursuant to law, nances thereto, and any and all claims ship Thirty-eight (38) North, Range Twelve (12), East of the Third Principal Meridian, after investigation, it is hereby found: for rents, refunds, benefits or other pay­ lying North of the Chicago, Burlington and 1. That Babette Minderlein, whose last ments arising from the ownership of such Quincy Railroad and South of the Naper­ known address is München 5, Rumford property, ville Road or Ogden Avenue. Strasse 30/2, Bavaria, Germany, is a resi­ b. All right, title and interest of the dent of Germany and a national of a persons named in subparagraph 1 hereof, [F. R. Doc. 49-7565; Filed, Sept. 19, 1949; designated enemy country (Germany) ] in and to the following insurance policies 9:01 a. m.] 5776 NOTICES

2. That the property described as fol­ tion owing to W. A. Moritz S. en C. by Appropriate documents and papers ef­ lows: That certain debt or other obliga­ General Motors Corporation, Foreign fectuating this order will issue. tion owing to Babette Minderlein, by Distributors Division, 224 West 57th John Graebener, 3283 Bruckner Boule­ Street, New York 19, New York, in the Executed at Washington, D. C., on vard, Bronx, New York, in the amount of amount of $8,901.71, as of April 15, 1948, September 15, 1949. $4,667.42, as of December 31, 1945, to-? together With any and all accruals there­ For the Attorney General. gether with any and all accruals thereto, to and any and all rights to demand, and any and all rights to demand, en­ enforce and collect the same, [seal] David L. Bazelon, force and collect the same, Assistant Attorney General, is property within the United States Director, Office of Alien Property. is property within the United States owned or controlled by, payable or deliv­ owned or controlled by, payable or de­ [F. R. Doc. 49-7614; Filed, Sept. 20, 1949; erable to, held on behalf of or on account 8:53 a. m.] liverable to, held on behalf of or on ac­ of, or owing to, or which is evidence of count of, or owing to, or which is evi­ ownership or control by W. A. Moritz S. dence of ownership or control by, the en C., the aforesaid national of a desig­ aforesaid national of a designated enemy nated enemy country (Germany); country (Germany); [Return Order 425] and it is hereby determined: Louise Nagar and it is hereby determined: 4. That W. A. Moritz S. en C. is con­ 3. That to the extent that the person trolled by or acting for or on behalf of Having considered the claim set forth named in subparagraph 1 hereof is not a designated enemy country (Germany) below and having issued a determination within a designated enemy country, the or persons within such country and is a allowing the claim, which is incorporated national interest of the United States national of a designated enemy country by reference herein and filed herewith, requires that such person be treated as (Germany); It is ordered, That the claimed prop­ a national of a designated enemy coun­ 5. That to the extent that the persons erty, described below and in the determi­ try (Germany). named in subparagraphs 1 and 2 hereof nation, be returned, subject to any in­ All determinations and all action re­ are not within a designated enemy coun­ crease or decrease resulting from the ad­ quired by law, including appropriate con­ try, the national interest of the United ministration thereof prior to return, and sultation and certification, having been States requires that such persons be after adequate provision for taxes and made and taken, and, it beeing deemed treated as nationals of a designated en­ conservatory expenses: necessary in the national interest, emy country (Germany). - " Claimant, Claim No., Notice of Intention To There is hereby vested in the Attorney All determinations and all action re­ Return Published, and Property General of the United States the prop­ quired by law, including appropriate Louise Nagar, Ostende, Belgium; Claim No. erty described above, to be held, used, consultation and certification, having 11462; August 2, 1949 (14 P. R. 4814); $500.00 administered, liquidated, sold or other­ been made and taken, and, it being in the Treasury of the United States. wise dealt with in the interest of and deemed necessary in the national in­ for the benefit of the United States. terest, Appropriate documents and papers The terms “national” and “designated There is hereby vested in the Attorney effectuating this order will issue. enemy country” as used herein shall have General of the United States the property Executed at Washington, D. C., on the meanings prescribed in section 10 of described above, to be held, used, admin­ September 14, 1949. Executive Order 9193, as amended. istered, liquidated, sold or otherwise dealt For the Attorney General. Executed at Washington, D. C., on with in the interest of and for the benefit September 12, 1949. of the United States. [seal] D avid L. B azelon, The terms “national” and “designated Assistant Attorney General, For the Attorney General. enemy country” as used herein shall have Director, Office of Alien Property. [SEAL] DAVIL L . BAZELON, the meanings prescribed in section 10 of [P. R. Doc. 49-7615; Piled, Sept. 20, 1949; Assistant Attorney General, Executive Order 9193, as amended. 8:54 a. m.] Director, Office of Alien Property. Executed at Washington, D. C., on [P. R. Doc. 49-7611; Piled, Sept. 20, 1949; September 12, 1949. 8:53 a. m.] For the Attorney General. [Return Order 431] [ seal ] D avid L. B azelon, Assistant Attorney General, F ranz Alexander K osak [Vesting Order 13817] Director, Office of Alien Property. Having considered the claim set forth [P. R. Doc. 49-7612; Piled, Sept. 20, 1949; below and having issued a determination W. A. Moritz S. en C: 8:53 a. m.] allowing the claim, which is incorporated In re: Debt owing to W. A. Moritz S. by reference herein and filed herewith, en C. F-28-28992-C-1. It is ordered, That the claimed prop­ Under the authority of the Trading [Return Order 422] erty, described below and in the deter­ With the Enemy Act, as amended, Execu­ mination, be returned, subject to any tive Order 9193, as amended, and Execu­ K äthe Wasserstrom increase or decrease resulting from the tive Order 9788, and pursuant to law, Having considered the claim set forth administration thereof prior to return, after investigation, it is hereby found: below and having issued a determination and after adequate provision for taxes 1. That Ella Jauch, whose last known allowing the claim, which is incorporated and conservatory expenses: address is Hamburg, Germany, is a resi­ by reference herein and filed herewith, Claimant, Claim No., Notice of Intention to dent 6f Germany and a national of a It is ordered, That the claimed prop­ Return Published, and Property designated enemy country (Germany); erty, described below and in the determi­ Franz Alexander Kosak, Vienna, Austria; 2. That W. A. Moritz S. en C. is a cor­ nation, be returned, subject to any in­ Claim No. 36156; August 9, 1949 (14 F. R. poration, partnership, association or crease or decrease resulting from the 4917) ; $2,000.00 in the Treasury of the United other business organization organized administration thereof prior to return, States. under the laws of Spain, whose principal and after adequate provision for taxes Appropriate documents and papers ef­ place of business is located at Santa and conservatory expenses: Isabel, Fernando Poo, Spanish West fectuating this order will issue. Africa, and is or, since the effective date Claimant, Claim No., Notice of Intention To Executed at Washington, D. C., on of Executive Order 8389, as amended, has Return Published, and Property September 15,1949. been controlled by or acting or purporting Käthe Wasserstrom, nee Wolf, Colmarer- to act directly or indirectly for the bene­ strasse 53, Basel, Switzerland; Claim No. For the Attorney General. fit or on behalf of the aforesaid Ella 35244; August 4, 1949 (14 P. R. 4853); [seal] David L. Bazelon, $14,436.13 in the Treasury of the United Jauch and is a national of a designated States. All right, title, interest and p.iaim Assistant Attorney General, enemy country (Germany); of Miriam Wolf, nee Heidelberger, a/k/a Director, Office of Alien Property. 3. That the property described as fol­ Marion Wolf, nee Heidelberg, in, to and [P. R. Doc. 49-7616; Piled, Sept. 20, 1949; lows: That certain debt or other obliga­ against the Estate of Louis Strauss, Deceased. 8:54 a. m.j