Washington, Wednesday, April 29, 1953 TITLE 3—THE PRESIDENT

FEDERALREGISTER 1934 VOLUME 18 \ NUMBER 82 ^ i f l V I T E O ^

Washington, Wednesday, April 2 9 , 1953

TITLE 3— THE PRESIDENT within the department or agency is CONTENTS clearly consistent with the interests of EXECUTIVE ORDER 10450 the national security. THE PRESIDENT S e c . 3. (a) The appointment of each Se c u r it y R equirements for Executive Order Pa®e civilian officer or employee in any depart­ G o v e r n m e n t E m p l o y m e n t Security requirements for Govem- ment or agency of the Government shall ernment employment______2489 WHEREAS the interests of the na­ be made subject to investigation. The tional security require that all persons scope of the investigation shall be deter­ EXECUTIVE AGENCIES privileged to be employed in the depart­ mined in the first instance according to ments and agencies of the Government, the degree of adverse effect the occupant Agriculture Department shall be reliable, trustworthy, of good of the position sought to be filled could See Production and Marketing conduct and character, and of complete bring about, by virtue of the nature of Administration. . and unswerving loyalty to the United the position, on the national security, but Air Force Department States; and in no event shall the investigation in­ Rules and regulations: WHEREAS the American tradition clude less than a national agency check Civilian personnel; security re­ that all persons should receive fair, im­ (including a check of the fingerprint files quirements for Government partial, and equitable treatment at the of the Federal Bureau of Investigation), employment______2501 hands of the Government requires that and written inquiries to appropriate lo­ all persons seeking the privilege of em­ cal law-enforcement agencies, former Alien Property Office ployment or privileged to be employed in employers and supervisors, references, Notices : the departments and agencies of the and schools attended by the person under Vested property, notices of in­ Government be adjudged by mutually investigation: Provided, that upon re­ tention to return: consistent and no less than minimum quest of the head of the department or Barth, Jack, et al______2514 standards and procedures among the agency concerned, the Civil Service Com­ Brignani, Giuseppina, et al— 2513 departments and agencies governing the mission may, in its discretion, authorize Cellitti, Amedeo, et al______2513 employment and retention in employ­ such less investigation as may meet the Coen, Luisa, et al______2514 ment of persons in the Federal service: requirements of the national security Krogh, Erik Viggo______2514 NOW, THEREFORE, by virtue of the with respect to per-diem, intermittent, Meyer, Heinrich C. A ______2514 authority vested in me by the Constitu­ temporary, or seasonal employees, or Pneumatiques et Caoutchouc tion and statutes of the United States, aliens employed outside the United Manufacture Kleber-Co- including section 1753 of the Revised States. Should there develop at any lombes______2514 Statutes of the United States (5 U. S. C. stage of investigation information indi­ Army Department 631); the Civil Service Act of 1883 (22 cating that the employment of any such See Engineers Corps. Stat. 403; 5 U. S. C. 632, et seq.) ; section person may not be clearly consistent with Civil Aeronautics Administra­ 9A of the act of August 2, 1939, 53 Stat. the interests of the national security, 1148 (5 U. S. C. 118 j) ; and the act of there shall be conducted with respect to tion August 26, 1950, 64 Stat. 476 (5 U. S. C. such person a full field investigation, or Rules and regulations: 22-1, et seq.), and as President of the such less investigation as shall be suffi­ Danger areas; alterations______2500 United States, and deeming such action cient to enable the head of the depart­ Ckvlt Aeronautics Board necessary in the best interests of the ment or agency concerned to determine Notices: national security, it is hereby ordered as whether retention of such person is Wiggins renewal investigation follows: clearly consistent with the interests of case; postponement of oral the national security. Section 1. In addition to the depart­ argument______2510 (b) The head of any department or ments and agencies specified in the said Civil Service Commission 8£t of August 26, 1950, and Executive agency shall designate, or cause to be designated, any position within his de­ Rules and regulations: Order No. 10237 of April 26, 1951, the Exceptions from the competitive Provisions of that act shall apply to all partment or agency the occupant of service; Schedule C______2493 other departments and agencies of the which could bring about, by virtue of Security requirements for Gov­ Government. the nature of the position, a material ernment employment: adverse effect on the national security Sec. 2. The head of each department Appeals of preference eligi- and agency of the Government shall be as a sensitive position. Any position so bles______2493 responsible for establishing and main­ designated shall be filled or occupied Appointment through com­ taining within his department or agency only by a person with respect to whom a petitive system______2493 an effective program to insure that the full field investigation has been con­ Commerce Department employment and retention in employ­ ducted : Provided, that a person occupy- See International Trade Office; ment of any civilian officer or employee (Continued, on p. 2491) National Production Authority. 2489 2490 THE PRESIDENT

CONTENTS— Continued CONTENTS— Continued Engineers Corps Pa&e Loyalty Review Board— Con. Page FEDERALæREGISTER Rules and regulations: Rules and regulations— Continued \ u>3* * i/ÌKirtO’ Kennebec River, Maine ; certain Security requirements for Gov­ State Highway Commission ernment employment—Con. bridges______2502 Directives to regional loyalty Federal Communications Com­ boards; cases of applicants and appointees in competi- Published daily, except Sundays, Mondays, mission tive service______2493 and days following official Federal holidays, Rules and regulations: by the Federal Register Division, National Operations of Board-______2493 P u b lic radiocommunication Statement of Board______2493 Archives and Records Service, General Serv­ services (other than maritime ices Administration, pursuant to the au­ National Production Authority thority contained in the Federal Register mobile) ; frequency toler- Act, approved July 26, 1935 (49 Stat. 500, as ances______2502 Notioes: amended; 44 U. S. C., ch. 8B), under regula­ Television broadcast stations___ 2502 B & T Metals Co.; modification * and termination of suspension tions prescribed by the Administrative Com­ Federal Housing Administration mittee of the Federal Register, approved by order------2509 Notices: the President. Distribution is made only by Navy Department the Superintendent of Documents, Govern­ Acting Commissioner and Dep­ ment Printing Office, Washington 25, D. C. uty Commissioner; delega­ Rules and regulations: The regulatory material appearing herein tions of authority and assign­ Naval Academy, admission of is keyed to the Code of Federal Regulations, ment of duties______;__ 2510 candidates as midshipmen; which is published, under 50 titles, pursuant execution of loyalty certifi­ to section 11 of the Federal Register Act, as Federal Power Commission cate______2501 amended June 19, 1937. Notices: The Fesgrai. Register will be furnished by Hearings, etc.: Production and Marketing Ad­ mail to subscribers, free of postage, for $1.50 Connery, Paul J______2508 ministration per month or $15.00 per year, payable in Indiana Gas & Water Co., Proposed rule making: advance. The charge for individual copies Inc., and Panhandle East­ (minimum 151) varies in proportion to the Apples, canned, U. S. Stand- size of the issue. Remit check or money ern Pipe lin e Co______2508 ards for grades______2503 order, made payable to the Superintendent Manufacturers Light and Milk handling: of Documents, directly to the Government Heat Co. and Cumberland Knoxville, Tenn., marketing Printing Office, Washington 25, D. C. and Allegheny Gas Co_____ 2508 area______2506 There are no restrictions on the republica­ Pennsylvania Power & Light New Orleans, La., marketing tion of material appearing in the Federal Co______2508 area______2505 R egister. Federal Trade Commission Rules and regulations: Proposed rule making: Sugar quotas, allotment; Puerto Hearing aid industry; trade Rico, 1953______2493 practice rules______2503 Direct consumption portion— 2497 Principal Officials Foreign and Domestic Com­ Public Health Service merce Bureau Rules and regulations: in the See International Trade Office. Security requirements for Gov­ ernment employment: Executive Branch Health, Education, and Welfare Commissioned officers______2502 Department Fellowships______2502 Appointed See Public Health Service. National Heart Institute Housing and Home Finance traineeships______2502 January 20—April 20, Agency Rent Stabilization Office 1953 See Federal Housing Administra­ Rules and regulations: tion. Indianapolis, Ind., defense A listing of approximately 200 appoint­ Interior Department rental area: ments made after January 20, 1953. See Land Management Bureau. Hotels______2501 Names contained in the list replace cor­ Housing______2501 responding names appearing in the International Trade Office Motor courts______2501 1952—53 U. S. Government Organization Rules and regulations: Rooms______2501 Manual Export regulations: Specific provisions: Licenses, general; licensing Price 10 cents Housing______2502 policies and related special Motor courts______2502 Order from Superintendent of Documents, provisions; miscellaneous Rooms______,. 2502 Government Printing Office, Washington amendments______2499 25, D. C. Positive list of commodities.. 2499 Securities and Exchange Com­ Justice Department mission See Alien Property Office. Notices: Land M anagem ent Bureau Hearings, etc.: Notices: Arkansas Natural Gas Corp. CONTENTS— Continued et al______2510 Alaska; Talkeetna Townsite; Defense Deportment PaS® notice of sale______2508 Central and South West Corp. See also Air Force Department; California: and Central Power and Light Co______2511 Engineers Corps; Navy Depart­ Classification order______2509 ment. Small tract classification or­ Central Maine Power Co----- 2511 Rules and regulations: der; amendment______2509 Columbia Gas System, Inc— 2513 Consolidated Natural Gas Co_ 2512 Armed Services Procurement Loyalty Review Board Regulation: Consolidated Natural Gas Co. et al______2512 Contingent or other fees___ _ 2500 Rules and regulations: Patents and copyrights; title Security requirements for Gov­ ernment employment: Subversive Activities Control to foreground patents___ 1 2501 Board Procurement by formal ad­ Directives to department and vertising ______2500 agencies; eases of incum­ Notices: bent and excepted em­ Communist Party of United Economic Stabilization Agency ployees and excepted appli­ States of America; require­ See Rent Stabilization Office. cants______2493 ment to register______2513 Wednesday, A p ril 29, 1953 FEDERAL REGISTER 2491

CODIFICATION GUIDE completed if the head of the department after may be employed by any other or agency concerned finds that such ac­ department or agency except after a A numerical list of the parts of the Code tion is necessary in the national in­ determination by the Civil Service Com­ of Federal Regulations affected by documents terest, which finding shall be made a mission that such person is eligible for published in this issue. Proposed rules, as part of the records of such department such employment. opposed to final actions, are identified as or agency. such. S e c . 8. (a) The investigations con­ Sec. 4. The head of each department ducted pursuant to this order shall be Title 3 Page and agency shall review, or cause to be designed to develop information as to Chapter II (Executive orders): reviewed, the cases of all civilian officers whether the employment or retention in 9835 (revoked by EO 10450)— 2489 and employees with respect to whom employment in the Federal service of the 10237 (see EO 10450)_____ 2489 there has been conducted a full field in­ person being investigated is clearly con­ 10450.______2489 vestigation under Executive Order No. sistent with the interests of the national Title 5 9835 of March 21, 1947, and, after such security. Such information shall relate, Chapter I: further investigation as may be appro­ but shall not be limited, to the following : Part 2______-— 2493 priate, shall re-adjudicate, or cause to (1) Depending on the relation of the Part 6------— ------2493 be re-adjudicated, in accordance with Government employment to the national Part ¡22______- ______2493 the said act of August 26, 1950, such of security: Chapter II: those cases as have not been adjudicated (1) Any behavior, activities, or as­ Parts 200-230______2493 under a security standard commensurate sociations which tend to show that the Title 7 with that established under this order. individual is not reliable or trustworthy. (ii) Any deliberate misrepresenta­ Chapter I: S e c . 5. Whenever there is developed or Part 52 (proposed)______2503 received by any department or agency tions, falsifications, or omissions of Chapter V III: information-indicating that the reten­ material facts. Part 814 (2 documents)____ 2493,2497 tion in employment of any officer or em­ (iii) Any criminal, infamous, dishon­ Chapter IX : ployee of the Government may not be est, immoral, or notoriously disgraceful Part 942 (proposed)______2505 clearly consistent with the interests of conduct, habitual use of intoxicants to Part 988 (proposed)______2506 the national security, such information excess, drug addiction, or sexual per­ version. Title 74 shall be forwarded, to the head of the employing department or agency or his (iv) An adjudication of insanity, or Chapter II: * treatment for serious mental or neuro­ Part 608______"______2500 representative, who, after such investi­ gation as may be appropriate, shall re­ logical disorder without satisfactory Title 15 view, or cause to be reviewed, and, where evidence of cure. Chapter m : necessary, re-adjudicate, or cause to be (v) Any facts which furnish reason to Part 371______:_____ 2499 re-adjudicated, in accordance with the believe that the individual may be sub­ Part 373______2499 said act of August 26, 1950, the case of jected to coercion, influence, or pressure Part 399______2499 such officer or employee. which may cause him to act contrary to the best interests of the national Title 16 Sec. 6. Should there develop at any security. Chapter I: stage of investigation information indi­ (2) Commission of any act of sabo­ Part 159 (proposed)______2503 cating that the employment of any of­ tage, espionage, treason, or sedition, or Title 32 ficer or employee of the Government attempts thereat or preparation there­ Chapter IV: may not be clearly consistent with the for, or conspiring with, or aiding or Part 400______2500 interests of the national security, the abetting, another to commit or attempt Part 401____ 2500 head of the department or agency con­ to commit any act of sabotage, espion­ Part 408___ 1______2501 cerned or his representative shall im­ age, treason, or sedition. Chapter VI: mediately suspend the employment of (3) Establishing or continuing a sym­ Part 710______2501 the person involved if he deems such pathetic association with a saboteur, spy, Chapter VII: suspension necessary in the interests of traitor, seditionist, anarchist, or revolu­ Part 889______2501 the national security and, following such tionist, or with an espionage or other Title 32A investigation and review as he deems secret agent or representative of a for­ Chapter X X I (ORS) : necessary, the head of the department eign nation, or any representative pf a or agency concerned shall terminate RR1 (2 documents)__,____ 2501,2502 foreign nation whose interests may be the employment pf such suspended of­ RR2 (2 documents)______2501,2502 inimical to the interests of the United RR3______2501 ficer or employee whenever he shall de­ States, or with any person who advocates termine such termination necessary or RR4 (2 documents)______2501,2502 the use of force or violence to overthrow advisable in the interests of the national the government of the United States or Title 33 security, in accordance with the said act the alteration of the form of government Chapter II: of August 26,1950. of the United States by unconstitutional Part 203— ._____ 2502 Sec. 7. Any person whose employ­ means. Title 42 ment is suspended or terminated under (4) Advocacy of use of force or vio­ Chapter I: the authority granted to heads of de­ lence to overthrow the government of Part 21------2502 partments and agencies by or in accord­ the United States, or of the alteration of Part 61------2502 ance with the said act of August 26,1950, the form of government of the United Part 63------2502 or pursuant to the said Executive Order States by unconstitutional means. Title 47 No. 9835 or any other security or loyalty (5) Membership in, or affiliation or Chapter I: program relating to officers or employ­ sympathetic association with, any for­ Part 3------2502 ees of the Government, shall not be eign or domestic organization, associa­ Part 6------2502 reinstated or restored to duty or reem­ tion, movement, group, or combination ployed in the same department or of persons which is totalitarian, Fascist, agency and shall not be reemployed in Communist, or subversive, or which has ing a sensitive position at the time it is any other department or agency, unless adopted, or shows, a policy of advocating designated as such may continue to oc­ the head of the department or agency or approving the commission of acts of cupy such position pending the comple­ concerned finds that such reinstatement, force or violence to deny other persons tion of a full field investigation, subject restoration, or reemployment is clearly their rights under the Constitution of to the other provisions of this order: consistent with the interests of the the United States, or which seeks to alter And provided further, that in case of national security, which finding shall be the form of government of the United emergency a sensitive position may be made a part of the records of such de­ States by unconstitutional means. *or a ^mited period by a person partment or agency: Provided, that no (6) Intentional, unauthorized disclos­ with respect to whom a full field pre- person whose employment has been ter­ ure to any person of security informa­ appointment investigation has not been minated under such authority there­ tion, or of other information disclosure 2492 THE PRESIDENT of which is prohibited by law, or willful (b> The heads of all departments and pleted, and the reports thereon shall be violation or disregard of security regula­ agencies shall furnish promptly to the made to the appropriate department or tions. Civil Service Commission information agency. (7) Performing or attempting to per­appropriate for the establishment and form his duties, or otherwise acting, so maintenance of the security-investiga­ Sec. 12. Executive Order No. 9835 of as to serve the interests of another gov­ tions index. March 21, 1947, as amended, is hereby ernment in preference to the interests (c) The reports and other investiga­revoked. For the purposes described in of the United States. tive material and information developed section 11 hereof the Loyalty Review (b) The investigation of persons en­ by investigations conducted pursuant Board and the regional loyalty boards of tering or employed in the competitive to any statute, order, or program de­ the Civil Service Commission shall con- service shall primarily be the responsi­ scribed in section 7 of this order shall tinue to exist and function for a period bility of the Civil Service Commission, remain the property of the investigative of one hundred and twenty days from except in cases in which the head of a agencies conducting the investigations, the effective date of this order, and the department or agency assumes that re­ but may, subject to considerations of the Department of Justice shall continue to sponsibility pursuant to law or by agree­ national security, be retained by the de­ furnish the information described in ment with the Commission. The Com­ partment or agency concerned. Such paragraph 3 of Part H I of the said Ex­ mission shall furnish a full investigative reports and other investigative material ecutive Order No. 9835, but directly to the report to the department or agency con­ and information shall be maintained in head of each department and agency. cerned. confidence, and no access shall be given Sec. 13. The Attorney General is re­ (c) The investigation of persons (in­ thereto except, with the consent of the quested to render to the heads of depart­ cluding consultants, however employed), investigative agency concerned, to other ments and agencies such advice as may entering employment of, or employed by, departments and agencies conducting be requisite to enable them to establish the Government other than in the com­ security programs under the authority and maintain an appropriate employee- petitive service shall primarily be the granted by or in accordance with the said security program. responsibility of the employing depart­ act of August 26,1950, as may be required ment or agency. Departments and for the efficient conduct of Government Sec. 14. (a) The Civil Service Com­ agencies without investigative facilities business. mission, with the continuing advice and may use the investigative facilities of the collaboration of representatives of such S ec. 10. Nothing in this order shall Civil Service Commission, and other de­ departments and agencies as the Na­ be construed as eliminating or modifying tional Security Council may designate, partments and agencies may use such in any way the requirement for any in­ facilities under agreement with the Com­ shall make a continuing study of the vestigation or any determination as to manner in which this order is being im­ mission. security which may be required by law. (d) There shall be referred promptly plemented by the departments and to the Federal Bureau of Investigation S e c . 11. On and after the effective date agencies of the Government for the pur­ all investigations being conducted by any of this order the Loyalty Review Board pose of determining: other agencies which develop informa­ established by Executive Order No. 9835 ( 1 ) Deficiencies in the department and tion indicating that an individual may of March 21, 1947, shall not accept agency security programs established have been subjected to coercion, influ­ agency findings for review, upon appeal under this order which are inconsistent ence, or pressure to act contrary to the or otherwise. Appeals pending before with the interests of, or directly or indi­ interests of the national security, or in­ the Loyalty Review Board on such date rectly weaken, the national security. formation relating to any of the matters shall be heard to final determination in (2) Tendencies in such programs to described in subdivisions (2) through (7) accordance with the provisions of the deny to individual employees fair, im­ of subsection (a) of this section. In said Executive Order No. 9835, as partial, and equitable treatment at the cases so referred to it, the Federal Bu­ amended. Agency determinations favor­ hands of the Government, or rights un­ reau of Investigation shall make a full able to the officer or employee concerned der the Constitution and laws of the field investigation. pending before the Loyalty Review Board United States or this order. on such date shall be acted upon by such Information affecting any department S e c . 9. (a) There shall be established Board, and whenever the Board is not or agency developed or received during and maintained in the Civil Service Com­ the course of such continuing study mission a security-investigations index in agreement with such favorable deter­ mination the case shall be remanded to shall be furnished immediately to the covering all persons as to whom security head of the department or agency con­ investigations have been conducted by the department or agency concerned for determination in accordance with the cerned. The Civil Service Commission any department or agency of the Gov­ standards and procedures established shall report to the National Security ernment under this order. The central pursuant to'this order. Cases pending Council, at least semiannually, on the index established and maintained by before the regional loyalty boards of the results of such study, and shall recom­ the Commission under Executive Order Civil Service Commission on which hear­ mend means to correct any such defi­ No. 9835 of March 21,.1947, shall be made ings have not been initiated on such date ciencies or tendencies. a part of the security-investigations in­ shall be referred to the department or (b) All departments and agencies of the Government are directed to cooper­ dex. The security-investigations index agency concerned. Cases being heard ate with the Civil Service Commission shall contain the name of each person by regional loyalty boards on such date to facilitate the accomplishment of the investigated, adequate identifying infor­ shall be heard to conclusion, and the responsibilities assigned to it by subsec­ mation concerning each such person, and determination of the board shall be tion (a) of this section. a reference to each department and forwarded to the head of the depart­ Sec. 15. This order shall become effec­ agency which has conducted an investi­ ment or agency concerned: Provided, tive thirty days after the date hereof. gation concerning the person involved that if no specific department or agency or has suspended or terminated the em­ is involved, the case shall be dismissed D w ig h t D . E isenhower ployment of such person under the au­ without prejudice to the applicant. In ­ T h e W h it e H o u s e , thority granted to heads of departments vestigations pending in the Federal Bu­ April 27, 1953. and agencies by or in accordance with reau of Investigation or the Civil Service [P. R. Doc. 53-3794; Piled, Apr. 27, 1953; the said act of August 26, 1950. Commission on such date shall be com­ 4:04 p. m.J Wednesday, A p ril 29, 1953 FEDERAL REGISTER 2493

RULES AND REGULATIONS

t,tle 5— adm inistrative (b) Bureau of Facilities. (1) Four States is referred to herein as “main­ members of the Bureau’s Committee of land quota” and allotments thereof are PERSONNEL Management, namely, the Director, referred to as “mainland allotments.” Division of Real Estate, the Director, The sugar quota for consumption in Chapter I— Civil Service Commission Division of Supplies, the Director, Divi­ Puerto Rico and allotments thereof are Part 2—A p p o in t m e n t T h r o u g h t h e sion of Vehicles, and the Administrative referred to as “local quota” and “ local C o m p e t it iv e S y s t e m Aide. allotments,” respectively. Omission of recommended decision Part 22—A ppeals o f P r efer en c e E l ig i- (R. S. 1753, sec. 2, 22 Stat. 403; 5 U. S. C. 631, and effective date. The record of the pi.gg U nder t h e V e t e r a n s’ P r efer en c e 633. E. O. 10440, March 31, 1953, 18 F. R. 1823) hearing regarding allotment of the 1953 Act of 1944 U n it e d S tates C iv il S er v­ sugar quotas for Puerto Rico shows that SECURITY REQUIREMENTS FOR GOVERNMENT ic e C o m m is s io n , production of sugar from the 1952-53 EMPLOYMENT [ s e a l ! C. L. E d w ar d s, crop, together with stocks in the hands of allottees on January 1, 1953, will ex­ Editorial N o t e : For order prescribing Executive Director. security requirements for Government [F. R. Doc. 53-3753; Filed, Apr. 28, 1953; ceed by about 250,000 tons the sum of employment and revoking Executive 8:50 a. m.] the local and mainland quotas estab­ Order 9835 of March 21,1947, see Execu­ lished by the Secretary of Agriculture tive Order 10450, supra. Executive (R. 7). Some of the allotments made by Order-9835 is cited in the text of §§ 2.112 this order could be exceeded by the and 22.1. Chapter II— The Loyalty Review Board marketing of the 1952 carryover plus a comparatively small amount of new crop P art 200— S t a t e m e n t o f t h e .L o y a l t y sugar. Since this proceeding was insti­ R e v ie w B oard* tuted for the purpose of issuing allot­ ments to prevent disorderly marketing P art 6— E x c e p t io n s F r o m t h e P art 210— T h e O p e r a t io n s o f t h e of sugar and to afford all interested per­ C o m p e t it iv e S ervice L o y a l t y R e v ie w B oard sons an equitable opportunity to market, s c h e d u le c P art 220— D ir e c tiv e s to D e p a r t m e n t it is imperative that this order become and A g e n c ie s ; C ases o f I n c u m b e n t Effective upon publication in the F ed­ effective at the earliest possible date in an d E x c e pte d E m p l o y e e s a n d E x c e pte d eral R egister, the positions listed below order to accomplish that end. Accord­ in the State Department, the Depart­ A p p l ic a n t s ingly, it is hereby found that due and timely execution of the functions im­ ment of Justice, and the Post 0|fice De­ P art 230— D ir e c tiv e s to R e g io n a l L o y ­ partment are excepted from the competi­ a l t y B oards; C ases o f A p p l ic a n t s an d posed upon the Secretary under the act imperatively and unavoidably requires tive service under Schedule C. A p p o in t e e s i n t h e C o m p e t it iv e S ervice omission of a recommended decision in § 6.302 State Department— (a) Office s e c u r it y requirements for g o v e r n m e n t this proceeding. It is hereby further of the Secretary. (1) Until December 31, EMPLOYMENT found that compliance with the 30-day 1954, one Special Assistant to the Under E d it o r ia l N o te : For order prescribing effective date requirement of the Ad­ Secretary for Administration. security requirements for Government ministrative Procedure Act (60 Stat. * * * * * employment and revoking Executive 237), is impracticable and contrary to § 6.308 Department of Justice— (a) Order 9835 of March 21, 1947, see Execu­ the public interest and, consequently, Office of the Attorney General. (1) tive Order 10450, supra. Executive this order shall be effective when pub­ The Executive Assistant to the Attorney Order 9835 is cited as the authority and lished in the F ederal R e g ist e r . General. in the text of Parts 200-230. Preliminary statement. Section 205 (2) The Pardon Attorney. (a) of the act requires the Secretary to (b) Office of the Deputy Attorney allot a quota whenever he finds that the General. (1) The First Assistant to the TITLE 7— AGRICULTURE allotment is necessary (1) to assure an Deputy Attorney General. orderly and adequate flow of sugar or* (c) Office■ of the Solicitor General. Chapter VIII— Production and Market­ liquid sugar in the channels of interstate (1) The First Assistant to the Solicitor ing Administration (Suga> Branch), or foreign commerce, (2) to prevent the General. Department of Agriculture disorderly marketing of sugar or liquid (2) One position of Trial Attorney sugar, (3) to maintain a continuous and (General) —Second Assistant. Subchapter B— Sugar Requirements and Quotas stable supply of sugar or liquid sugar, (d) Anti-Trust Division. (1) The [Sugar Reg. 814.9] or (4) to afford all interested persons an equitable opportunity to market sugar First Assistant to the Assistant Attorney P art 814— A l l o t m e n t o f S ugar Q u o t a s General. within the quota for the area. Section (e) Civil Division. (1) The First PUERTO RICO, 1953 205 (a) also requires that such allot­ Assistant to the Assistant Attorney Gen­ Basis and purpose. This allotment ment be made after such hearing and eral. order is issued under section 205 (a) of upon such notice as the Secretary may (f) Criminal Division. (1) The First the Sugar Act of 1948, as amended (here­ by regulation prescribe. Assistant to the Assistant Attorney Gen­ inafter called the “act”), for the pur­ Pursuant to the applicable rules of eral. pose of allotting the 1953 sugar quota practice and procedure (7 CFR 801.1 et (g) Tax Division. (1) The First for Puerto Rico for consumption in the seq.), a notice was issued on January 19, Assistant to the Assistant Attorney Gen­ continental United States (including 1953, of a public hearing to be held at eral. raw sugar transferred for further proc­ Santurce, Puerto Rico, in the Conference Room, Caribbean Area Office, PMA, Se- (h) Lands Division. (1) The First essing and shipment within the direct- Assistant to the Assistant Attorney consumption portion of such quota) and garra Building, on February 11, 1953, at 10:00 a. m., for the purpose of receiving General the 1953 sugar quota for local consump­ evidence to enable the Secretary to make (i) Office of Alien Property. (1) One tion in Puerto Rico among persons who a fair, efficient and equitable distribution Deputy Direotor. process Puerto Rican sugarcane into of the 1953 mainland quota (including (2) Chief, Legal and Legislative sugar (1) to be brought into the con­ raw sugar transferred for further proc­ Section. tinental United States and (2) to be mar­ essing and shipment within the direct- (j) Immigration and Naturalization keted for local consumption in Puerto service, ( l) General Counsel. consumption portion of the quota) and Rico. The , basis of the order is more the 1953 local quota among persons who § 6.309 Post Office Department— (a) fully explained below. process Puerto Rican sugarcane into ce °f the Postmaster General. The sugar quota for Puerto Rico for sugar (1) to be brought into the conti­ (Reserved.] consumption in the continental United nental United States and (2) to be mar- 2494 RULES AND REGULATIONS keted for local consumption in Puerto (1) The combined mainland and local to “proportionate shares” (R. 39). One Rico. allotments for each allottee would be de­ allottee proposed that “processings from As stated above, the act requires a pre­ termined by applying the weighted per­ proportionate shares plus inventories” liminary finding of necessity for allot­ centages of the three factors as stated be assigned 100 percent weight (R. 53), ment of a quota or proration as a condi­ above to the total quantity of sugar to With respect to the method for sharing tion precedent to the calling of a hear­ be allotted. allotment with growers who receive set­ ing. Accordingly, the notice of hearing (2) The local allotment for each allot­ tlement in sugar, the Association ol issued by the Secretary provided in part tee would be the average percentage Sugar Producers of Puerto Rico, repre- as follows: Which the local marketings of such senting 21 of the 24 allottees under the Pursuant to the authority contained in the allottee (including shipments to the Vir­ order, proposed that the provision of the Sugar Act of 1948, as amended (61 Stat. 922, gin Islands) were of its total mainland 1953 allotment order be as follows: as amended by 65 Stat. 318; 7 U. S. C. Sup. and local marketings in the years 1948 (b) Producers’ marketings under allot« 1100), in accordance with the applicable rules through 1952 multiplied by its combined of practice and procedure (7 CFR 801.1 et allotment, the resulting quantities being ments. I f settlement with producers of seq), and on the basis of information before adjusted pro rata so that their sum would sugarcane is made in sugar, marketings of such sugar of such producers shall be me, I do hereby find that the allotment of equal the local quota. (1) the 1953 sugar quota for Puerto Rico charged to the allotments of the proc­ for consumption in the continental United (3) The mainland allotment for each allottee would be calculated by subtract­ essor. Each processor shall reserve a States, (2) the direct-consumption portion share of its mainland allotment for the thereof, and (3) the 1953 sugar quota for ing the local allotment computed under (2) above from the combined allotment marketing of all carryover sugar from local consumption in Puerto Rico is neces­ the 1951-52 crop, and in addition shall sary to prevent disorderly marketing and im­ computed under (1) above. portation of sUch sugar and to afford all W ith respect to participation in allot­ reserve a share of its mainland allotment interested persons an equitable opportunity ments by producers who receive settle­ for the marketings of each producer re­ to market such sugar in the continental ment in sugar, the government witness ceiving settlement for his sugarcane in United States and Puerto Rico, respectively, proposed that there be added to the para­ sugar equal to the same percentage of and hereby give notice that a public hearing the producers 1952-53 crop sugar that the will>t>e held at Santurce, Puerto Rico, in the graph in the 1953 order dealing with specific charges against allotments a sum of the processor’s mainland and Conference Room, Caribbean Area Office, local allotments, less the quantity of PMA, Segarra Building, on February 11, 1953, provision that sugar delivered to a pro­ at 10:00 a. m. The quotas and portions ducer in settlement for 1951-52 crop sugar from 1951-52 crop sugarcane car­ thereof to be allotted are referred to herein sugarcane and marketed in 1953 shall be ried into 1953 by the mill and all pro­ as “mainland quota,” “direct-consumption charged to the shares of applicable 1953 ducers delivering cane to the mill in portion” and “local quota,” respectively. allotments reserved for such producer by 1951-52, is of the processor’s 1952-53 Summary of testimony. With respect the allottee processing his 1952-53 crop production (R. 37). to the necessity for allotment of the 1953 sugarcane (R. 20). The representative of the Puerto Rico mainland and local quotas, the govern­ Paragraph (b), Producers’ market- Farm Bureau contended that such a pro­ ment witness testified that the supply of ings under allotments, and paragraph vision yould deprive the growers of the sugar in prospect in 1953 exceeds the (d ), Transfer or exchange of allotments, opportunity to participate in the local combined quotas sufficiently to result in of § 814.7 (17 P. R. 2477) were proposed market (R. 101). disorderly marketing and interested for inclusion in the 1953 order without All allottees stipulated for the record persons would not be afforded equitable change. at the hearing (R. 148-149) or subse­ opportunities to market sugar unless the Representatives of twelve of the quently in writing as follows, except that quotas are allotted (R. 7). This testi­ allottees testified at the hearing in re­ one refused to agree to paragraphs 5 and mony on the necessity for allotments gard to the formula which should be 6 (R. 146-150): was not controverted by any witness. used in establishing 1953 allotments. In Since Central San Jose, Inc., has dis­ addition, a representative of the Asso­ 1. To the extent that "carryover continued grinding, the government wit­ ciation of Sugar Producers, representing sugar” and “processings from propor­ ness proposed that this allottee be 21 of the 24 allottees, and a representa­ tionate shares” are concerned, the initial allotment order shall be based on (a) the allotted the quantity necessary for mar­ tive of sugarcane producers affiliated quantities of carryover sugar of each keting the sugar remaining from its 1952 with the Puerto Rico Farm Bureau also operations and that the balance of the testified. allottee on hand on January 1, 1953, whether in Puerto Rico, afloat, or in quotas be allotted to the remaining 24 Five of the allottees and the Puerto allottees (R. 15). There was no testi­ Rico Farm Bureau favored the formula bond in continental United States, based on inventory or final outturn informa­ mony in opposition to this proposal. proposed by the government witness (R. tion according to the records of the Pro­ With respect to the manner in which 101, 119, 120, 128, 129 and 133). A va­ duction and Marketing Administration the allotment should be made, the gov­ riety of proposals were made for some as of February 27, 1953, and, (b) the ernment witness proposed that the main­ modification of the formula. One allot­ quantities of sugar within the 1952-53 land and local quotas in excess of the tee proposed weights of 90 percent for crop proportionate shares certified to quantity set aside for Central San Jose,' “proportionate shares” and 5 percent each allottee by the Caribbean Area Inc., be allotted on the basis of percent­ each for “ past marketings” and “ ability Office of the Production and Marketing ages determined as follows (R. 16): to market” (R. 129)1 and one proposed Administration as of the close of busi­ (1) Eighty percent weight to the that these percentages be 45, 10 and 45, ness March 6, 1953. Without further “ processings of sugar or liquid sugar respectively (R. 45), one proposed the hearing and without change in the ini­ from . . . sugarcane to which propor­ addition of sales in the world market tial allotment formula, the order shall tionate shares . . . pertained” measured to the measures of both “ past market­ be revised on the basis ôî ( 1) the quan­ by the percentage of 1953 proportionate ings” and “ability to market” or the sub­ tity of carryover sugar of each allottee shares certified to each allottee. stitution for the latter of the highest pro­ on hand on January 1, 1953, whether in (2) Ten percent weight to “ past mar­ duction of each allottee in any of. the Puerto Rico, afloat, or in bond in con­ ketings” measured by the percentage past 5 years (R. 120-121) ; and two pro­ tinental United States, based on the final distribution of combined mainland and posed the measurement of “past market­ outturn weights and polarization of such local marketings for the 5 years 1948 ings” by the year of highest production sugar, and (2) “processings from pro­ through 1952 among the 24 allottees. or by the sum of “proportionate share” portionate shares” equal to either the (3) Ten percent weight to “ability to sugar plus all extra sugar made (R. 129- total quantities of sugar within the 1952- market” measured by the percentage dis­ 130) . One allottee proposed that total 53 crop proportionate shares finally cer­ tribution of the sum of 1952-53 crop pro­ carryover should be marketed against tified to each allottee by the Caribbean portionate shares and 1952 carryover the quota and the balance of the quota Area Office of the Production and Mar­ sugar among the 24 allottees. allotted by assigning 100 percent weight The method of calculation of allot­ keting Administration, or the production ments from the percentages derived from 1 Substantially the same position was taken therefrom as shown by the records of the above weighting of the factors was in the brief filed by Corporación Azucarera the Caribbean Area Office of the Produc­ proposed to be as follows (R. 13-15): Sauri & Subirá. tion and Marketing Administration. Wednesday, A p ril 29, 1953 FEDERAL REGISTER 2495

2. To the extent that the "highest pro­ both the measures and weightings used Nothing in the allotment order should duction of any year of the fiye-year in the government formula. The other influence producers’ decisions regarding period, 1948-1952” is concerned, the al­ witnesses were divided in supporting op­ the mode of settlement for their sugar­ lotment order shall be based on the an­ posite extremes of weighting for 1952 cane or the choice of the processor to nual production of sugar, raw value, as carryover sugar. Measures taken by process it. The alternative proposal shown by the statistics of the Caribbean some allottees to liquidate over-quota would have that effect in the case of Area Office of the Production and Mar­ sugar iri 1951 and }952 had the effect of changes from cash to sugar settlements keting Administration. increasing 1953 marketing opportunities with the same processor and would em­ 3. Sugar shipped to the Virgin Islands of all of the interested parties. Accord­ phasize the advantage to be gained by a in past years shall be regarded as sugar ingly, an allotment method which would producer shifting to a processor with marketed for local consumption in severely limit the marketing of 1952-53 little or no carryover. In the case of Puerto Rico. crop proportionate shares sugar of such changes from sugar to cash settlements, 4. Sugar shipped to the Virgin Islands allottees would be unfair to them. The the effect on the shifting producer would in 1953 shall be regarded as local allot­ fact that 1952-53 crop proportionate be the same as in the proposal adopted ment sugar and charged to the local al­ shares are limited to the sum of the but other producers would have their lotment of the allottee concerned. initial mainland and local quotas is fur­ allotment shares reduced by the shift. 5. To give effect to any change in the ther justification for maintaining a close The record does not indicate that the 1953 mainland sugar quota for Puerto relationship between allotments and pro­ proponents of the alternative proposal Rico made after the issuance of the ini­ portionate shares by assigning a rela­ intended to bring about in 1953 a re­ tial allotment order, such order shall be tively heavy weight to that factor. shuffling of the quantities of over-quota revised without further hearing, using "Before applying the general method of sugar among processors and producers the same allotment formula as was used allotment, 6,998 short tons of sugar, raw with whom they have settled in sugar in the initial order. value, is set aside for Central San Jose, year after year. Yet the alternative pro­ 6. If any allottee notifies the Depart­ Inc., which has discontinued.operations. posal would induce such a reshuffling and ment in writing that it will be unable t6 This procedure was proposed at the hear­ it would be more significant than the fill its 1953 allotment, an amount of sugar ing and no objection was made to it. result for which the alternative proposal equal to such deficit shall be allotted, This quantity represents the outturn apparently was made. without further hearing and without weight, of 1952 carryover already brought . Most of the processors and a limited change in the original allotment formula, into the continental United States for number of their producers disposed of to other allottees able to supply the addi­ the account of this allottee less a credit greatly varying proportions of the over­ tional sugar. for this allottee’s share of the quantity quota sugar produced by them in 1951 7. Each allottee waivfes its (his) right brought in after recission of sillotments and 1952. Such quantities for various to object to the validity of the 1953 al­ in 1952. processors ranged from zero to more lotment order by reason of any action The initial allotments established by than 35 percent of the 1952-53 crop taken by the Secretary of Agriculture this order are based largely upon incom­ proportionate shares. These sales indi­ in conformity with the provisions of this plete certification to the allottees of the rectly increased 1952-53 crop proportion­ stipulation. quantities of sugar that may be produced ate shares for all producers alike by Basis of allotment. Section 205 (a) from 1952-53 crop sugarcane to which about 17 percent. Some of these sales proportionate shares pertained, for have taken place in 1953 under programs of the act reads in pertinent part as follows: ■" . -y which more complete data are to be sub­ involving the use of foreign aid funds of stituted later. Therefore, in order to the United States. ♦ * * Allotments shall be made In such prevent any allottee from marketing It would be unfair to adopt a method manner and in such amounts as to provide sugar in excess of the allotment estab­ of sharing allotments which would a fair, efficient, and equitable distribution change the marketing responsibility for of such quota or proration thereof, by tak­ lished on the basis of the completed data, ing into consideration the processing of only 90 percent of the quotas is allotted quantities that represent 1952 carryover sugar or liquid sugar from sugar beets or until such time as the order may be sugar in a year in which disposal of over­ sugarcane to which proportionate shares, revised on the basis of completed data. quota sugar occurs. Moreover, the al­ determined pursuant - to the provisions of After deducting 6,998 tons allotted to ternative proposal would further limit subsection (fe) of section 302, pertained; the Central San Jose, Inc., the balance of the the marketings of some producers whose past marketings or importations of each 90 percent, or 1,064,002 tons, is allotted processings have been restricted most such person and the ability of such person to the 24 remaining processors on the under the determination of proportion­ to market or import that portion of such quota or proration thereof allotted to basis of the weighted percentages of. the ate shares for the 1952-53 crop. In fact, him * * *...... three factors determined as outlined it would permit the marketing of only above to obtain a "combined mainland 17 percent of the sugar in the sugarcane All three factors specified in the fore­ and local allotment” for each allottee. which some producers have ready for going provision of law have been con­ Local allotments are determined by harvest.. sidered and each is given a percental applying to each "combined mainland In view of the foregoing, it is deemed weighting by the formula on which this and local allotment” the percentage that necessary to adopt a method of sharing allotment of the 1953 quotas for Puerto the allottee’s local marketings were of allotments solely on the basis of 1952-53 Rico is based. Under this formula the its total marketings in the calendar years proportionate shares of processors and factors are measured and weighted as 1948 to 1952v inclusive, and by adjusting their producers in order to provide fair follows: Processings from sugarcane to the resulting quantities so that the total arid equitable allotments for all. which proportionate shares pertained, of such allotments will equal 90 percent All producers’ shares of allotment are measured by the 1952-53 crop propor­ of the local quota. The mainland allot­ to be in mainland allotment, except that tionate shares certified to be processed ment for each processor is determined by a producer who requests local allotment by each allottee, 80 percent weight; past subtracting such local allotment from in writing within 30 days of the effective marketings, measured by average main­ the combined allotment. date of this order shall have his share land and local marketings during the Processors are required to share their divided as his processor’s combined allot­ years 1948 to 1952, inclusive, 10 percent allotments with producers to whom they ment is divided. Producers who receive weight; ability to market, measured by deliver sugar in payment for sugarcane. raw sugar have as almost their sole local the sum of the proportionate shares cer­ The producer’s share is equal to the same quota outlet sales to the refinery nearest tified to be processed by each allottee and percentage of his 1952-53 crop sugar them. Under some circumstances the the quantity of 1951-52 crop sugar ear­ refiner may not want the producer’s ned over into 1953 by such allottee, 10 that the Combined allotments are of the sugar. By providing that the producer Percent weight. processor’s total production of 1952-53 shall share only in the mainland allot­ The disagreement at the hearing in crop sugar. An alternative proposal was ment, unless he requests otherwise, he is regard to the measures and weightings supported by several of the processors at assured an equitable opportunity to mar­ ®.J'be factors was prompted largely by the hearing in the belief that it would ket the full amount of his allotment different ideas as to what effect the 1952 avoid a gain to producers as a result of share. Uncertainty until 30 days after carryover should have on the 1953 allot­ changes between cash and sugar as pay­ the effective date of this order regarding ments. Several of the witnesses favored ment for successive crops of sugarcane. the amount of local allotment that may 2496 RULES AND REGULATIONS Ï be requested by producers is unavoidable the three statutory standards should be this order should be limited to 90 percent if producers are to have an equitable op­ weighted as follows: “Processings * * * of the quotas. portunity to share in the local market. from * * * proportionate shares,” 80 (12) An efficient distribution of the Exchanges of local and mainland percent,* “past marketings,” 10 percent; quotas requires exchanges between al­ allotments between Puerto Rican proc­ and “ ability to market,” 10 percent. lottees of quantities of mainland allot­ essors are permitted when approved by (4) The sum of all proportionate ment for like quantities of local allot­ a local Representative of the Department shares certified to be processed by each ment, subject to the approval of an in Puerto Rico. Such adjustments re­ allottee constitutes à fair and equitable officer of the Department designated in sult in greater efficiency in marketing. measure of “ processings * * * from the order. Findings and conclusions. On the * * * proportionate shares,” and the (13) Allotments established in the basis of the record of the hearing and initial order should be based on the sum foregoing manner and in the amounts the stipulations of the interested par­ of all proportionate shares certified to set forth in the order provide a fair, ties, I hereby find and conclude that: each allottee as of March 6, 1953. efficient, and equitable distribution of (1) For the calendar year 1953 Puerto (5) A fair and equitable measure of the quotas, as required by section 205 Rican processors will have available for past marketings for each processor (a) of the act. marketing on the mainland and in is its average mainland and local mar­ Order. Pursuant to the authority Puerto Rico an amount of sugar which ketings during the years 1948 to 1952, vested in the Secretary of Agriculture by exceeds the combined mainland and local inclusive. section 205 (a) of the apt, it is hereby quotas by approximately 250,000 short (6) The sum of all proportionate ordered: tons. shares certified to be processed by each (2) The allotment of the 1953 main­ allottee plus the quantity of sugar car­ § 814.9 Allotment of 1953 sugar quotas land quota for Puerto Rico (including ried into 1953 constitutes a fair and for Puerto Rico— (a) Allotments. The raw sugar transferred for further proc­ equitable measure of the ability of each 1953 sugar quota for Puerto Rico for con­ essing to be brought in within the direct- processor to market sugar dining 1953. sumption in the continental United consumption portion of the quota) and (7) The* percentages that local mar­ States (including ^aw sugar to be further the 1953 local quota for Puerto Rico is ketings were of combined mafhland and processed and marketed within the direct-consumption portion of such necessary to prevent disorderly mar­ local marketings for each processor dur­ quota) and the 1953 sugar quota for local keting of such sugar and to afford all ing the years 1948 to 1952, inclusive, are representative for the purpose of divid­ consumption in Puerto Rico, are hereby interested persons an equitable oppor­ ing the combined 1953 allotment for allotted, to the extent shown herein, to tunity to market such sugar in the con­ each processor into a mainland allot­ the following processors in amounts tinental United States and in Puerto ment and a local allotment. which appear in columns (1) and (2) Rico. (8) The quantities of sugar referred opposite their respective names: (3) To. assure a fair, efficient and to in paragraphs (4), (5), (6) and (7) [Short tons, raw value] equitable distribution of the mainland above, are as set forth in the following and local quotas for Puerto Rico for 1953, table: (1) (2) Processor Mainland Local Short tons, raw value allot- allot- M arketed ment ment lo c ally Processor Proportion­ 1952 A verage 1948-52 ate shares carry­ tota l (percen t­ Antonio Roig, Sucesores, S.enC__ 23,330 20,251 certified as o f m arketings age!. M a r. .6,1953 over Arturo Lluberas (estate of), y Sob­ 1948-52 rinos (San Francisco)____ ...... 4,767 1,628 Asociación Azucarera Cooperativa 30,268 495 Antonio Roig, Sucesores, S. en C...... ■ 47,222 7,972 47,285 45.6889 (Lafayette).....______Arturo Lluberas (estate of), y Sobrinos (San Francisco)___ Central Aguirre Sugar Company, a 6,949 1,881 6,226 25.0402 trust______.... ______100,257 1,688 Asociación Azucarera Cooperativa (Lafayette)....______33,855 448 33,079 1.5841 628 Central Aguirre Sugar Co., a trust______Central,Coloso, Inc______52,430 111,689 5,893 110,334 1.6287 Centra!Eureka, Inc______;.___ 33,057 1,429 Central Coloso, Inc______.,______...... ______67,383 21,422 49,431 1.1654 1,248 Central Eureka, Inc..______Central Guamani, Inc______9,959 37,992 7,541 31,355 4.0727 Central Igualdad, Inc____:______24,160 16,487 Central Guamani, In c...... ______..______12,289 3,742 9,671 10.9503 2,187 Central Igualdad...______.... ______Central Juanita, In c ....______31,637 43,838 13,906 40,773 ■ 39.8793 Central Mercedita, Inc...______52,113 18,367 Central Juanita, In c ....______... ______36,235 15,258 33,099 6.3567 22,428 991 Central Mercedita, Inc..______...______76,846 16, 441 69,804 Central Monserrate, Inc______25.6217 Central San Jose, Inc______6,998 Central Monserrate, Inc______25,747 2,388 23,815 4.1570 Í, 593 Central San Vicente, In c...... ______60,012 49,483 2.8494 Central San Vicente, Inc______63,375 18,451 Compania Azucarera del Camuy, Compañía Azucarera del Camuy, Inc. (Rio Llano)______13,039 1,372 14,406 .4512 56 34, 799 Inc. (Rio Llano)...... ------____ 12,048 Compañía Azucarera del Toa______10,980 28,082 31,836 36,883 2 Compania Azucarera del Toa_____ Cooperativa Azucarera Los Canos...... ,311 32,903 .2005 33,274 68 Corporación Azucarera Sauri & Subirá (Constancia Ponce) 11,326 3,990 11,351 12.0430 Cooperativa Azucarera Los Canos.. 128,186 20,546 126,868 Corporacion Azucarera Sauri & Eastern Sugar Associates, a trust______11.9683 9,313 1,300 Fajardo Sugar Co...... * ______121,891 31,571 118,611 .1096 Subirá (Constancia Ponce)______Eastern Sugar Associates, a trust— 103,704 14,373 Land Authority of Puerto Rico______66,206 11,834 71,754 . OUI 112,869 126 Mario Mercado e Hijos (Rufina)...... ______33,674 14,159 28,615 4.6304 Fajardo Sugar Co...... Land Authority of Puerto Rico___ 61,689 7 Mayaguez Sugar Co., Inc. (Rochelaise)______10,478 432 10,239 1. 5236 1,471 Plata Sugar Co..______..'______... 47,278 16, 705 41,313 1.1159 Mario Mercado e Hijos (Rufina).... 29,748 12,304 Mayaguez Sugar Co., Inc. (Rochel­ Soller Sugar C o..___... ______12,476 60 .0650 9,397 147 South Porto Rico Sugar Co. of Puerto Rico (Guaniea)____ 88,622 13,337 99, 737 16. 5796 aise) ______Plata Sugar Co______43,205 496 7 Subtotal.______...... ______1,154,915 242,640 l, 100,538 9.2911 Soller Sugar Co...... 11,333 South Porto Rico Sugar Co. of Central San Jose, Inc______7,206 18,901 .1005 68,805 13,955 Unassigned______r ______.... 35,085 Puerto Rico (Guaniea)...... 972,000 99,000 T o ta l.....______...... _____1______1,190,000 249,846 1,119,439 9.1360 Total allotted...... ______Unallotted______108,000 11,000 1,080,000 110,000 (9) The combined local and mainland the same percentage of the producer's Total quotas______quotas should be allotted on the basis 1952-53 crop sugar that the sum of the of the weightings of the factors specified processor’s mainland and local allot­ (b) Producers’ marketings under al- in paragraph (3) above and the meas­ ments is of the total of 1952-53 crop pro­ lotments. If settlement with producers ures of those factors listed for each portionate shares certified to be proc­ of sugarcane is made in sugar, market­ allottee in paragraph (8) above; and the essed by such processor, and (b) such ings of such sugar of such producers combined allotments so established permitted quantity should be within the shall be charged to the allotments of the should be divided into local and main­ mainland allotment unless the producer processor. Each processor shall reserve land allotments on the basis of the per­ requests local allotment. a share of its mainland allotment for centages listed in paragraph (8) above. (11) In order to prevent any allotteethe marketings of each such producer (10) Any producer who receives sugar from marketing a quantity of sugar in equal to the same percentage of the pro­ in payment for sugarcane (a) should be excess of the allotments established ducer’s 1952-53 crop sugar that the sum permitted to market, within the allot­ therefor on the basis of final data relat­ of the processor’s mainland and local ment of the processor who processed his ing to carryover and certifications of allotments is of the processor’s total pro­ sugarcane, a quantity of sugar equal to proportionate shares, allotments under duction of 1952-53 crop sugar: Provided, Wednesday, A p r i l 29, 1953 FEDERAL REGISTER 2497

That upon written request to the proc­ filled by direct-consumption sugar among As stated above, the act requires a. essor within 30 days of the effective date persons who market such sugar for con­ preliminary finding of necessity for al­ of this order, the producer’s share shall sumption in the continental U nited lotment of a quota or proration as a con­ be divided between local and mainland States. The basis and purpose of the dition precedent to the calling of a hear­ allotments as the sum of the processor’s order are more fully explained below. ing. Accordingly, the notice of hearing allotments is divided between mainland Omission of recommended decision issued January 19, 1953, provided in part and local allotments. and effective date. The record of the as follows: (c) Restrictions on marketing. (1) hearing regarding the subject of this Pursuant to the authority contained in the During the calendar year 1953, each order shows that the capacity of Puerto Sugar Act of 1948, as amended (61 Stat. 922, processor named in paragraph (a) of Rican refineries to produce direct-con­ as amended by 65 Stat. 318; 7 U. S. C. Sup. this section, together with the producers sumption sugar far exceeds the sum of 1100), in accordance with the applicable with whom it shares its allotments under 126,033 short tons of such sugar which rules of practice and procedure (7 CPR 801.1 paragraph (b) of this section, is hereby may be marketed in the continental et seq.), and on the basis of information prohibited from bringing into the conti­ before me, I do hereby find that the allotment United States undér the act and the of (1) the 1953 sugar quota for Puerto Rico nental United States for consumption quantity of sugar needed for local con­ for consumption in the continental United therein, or marketing to a local refiner sumption in Puerto Rico (R. 175). Tl>e States, (2) the direct-consumption portion or any other person for that purpose, proceeding to which this order relates thereof, and (3) the 1953 sugar quota for and from marketing for local consump­ was instituted for the purpose of allotting local consumption in Puerto Rico is necessary tion in Puerto Rico, any sugar in excess the direct-consumption portion of the to prevent disorderly marketing and impor­ of the applicable allotment established quota to prevent disorderly marketing tation of such sugar and to afford all inter­ in paragraph (a) of this section. and to afford all interested persons an ested persons an equitable opportunity to (2) During the calendar year 1953, all market such sugar in the continental United equitable opportunity to market direct- States and Puerto Rico, respectively, and persons who acquire raw sugar for fur­ consumption sugar in the continental hereby give notice that a public hearing will ther processing and resale as direct- United States (R. 176). Some of the be held at Santurce, Puerto Rico, in the consumption sugar are hereby prohibited allotments made by this order are small Conference Room, Caribbean Area Office, from marketing sugar for local con­ and delay in the issuance of the order PMA, Segarra Building, on February 11, 1953, sumption in Puerto Rico in excess of the might result in some allottees marketing at 10:00 a. m. The quotas and portions sum of (i) the quantity of sugar acquired more than their fair share of the direct- thereof to be allotted are referred tp herein for such purpose under the limitations as “mainland quota”, “direct-consumption consumption portion of the quota. portion” and “local quota,” respectively. specified in § 814.7 (17 F. R. 2477, 6759, Therefore, it is imperative that this order 7008, 7366, 10644) and held in inventory become effective at the earliest possible The hearing was held at the time and on December 31,1952, and (ii) the quan­ date in order fully to effectuáte the pur­ place specified in the notice. tity of sugar acquired for such purpose poses of section 205 (a) of the act. Ac­ Summary of evidence. With respect within the limits specified in this sec­ cordingly, it is hereby found that due and to the necessity for making allotments, tion. timely execution of the functions im­ the government witness stated that in the (d) Exchange of allotments. The posed upon the Secretary under the act notice of this hearing the Secretary made allotments established in paragraph (a) imperatively and unavoidably requires a preliminary finding that allotment of of this section, or producers’ shares the omission of a recommended decision the direct-consumption portion of the thereof established under paragraph (b) in this proceeding. It is hereby further 1953 sugar quota for Puerto Rico is of this section, shall not be exchanged found that compliance with the 30-day necessary. That finding was based on without the approval of the Director or effective date requirement of the Admin­ the fact that the capacity to produce Assistant Director of the Caribbean Area istrative Procedure Act (60 Stat. 237) is refined sugar in Puerto Rico far exceeds Office, Production and Marketing Ad­ impracticable and contrary to the public the sum of 126,933 and 110,000 short tons, ministration, United States Department interest and, consequently, this order raw value, which are the maximum quan­ of Agriculture, Segarra Building, San- shall be effective when published in the tities of Puerto Rican direct-consump­ turce, Puerto Rico. F ederal R eg iste r . tion sugar that may be marketed within (e) Specific charges against allot­ Preliminary statement. Section 207 the mainland and local quotas. Six ments. Sugar produced in Puerto Rico (b) of the act provides that not more months’ continuous operation for each of which is brought into the continental than 126,033 short tons, raw value, of the prospective allottees at its highest United States for consumption therein ttje sugar quota for Puerto Rico for any bi-weekly rate for 1952 would result in or marketed for local consumption in calendar year may be filled by direct- the production of about 325,000 short Puerto Rico during 1953 shall be charged consumption sugar. tons, raw value, of refined and turbinado to the applicable allotment of the proc­ Under the provisions of section 205 sugars. I f a suitable market for the essor who processed such sugar. (a) of the act, the Secretary is required sugar were available, the government (Sec. 403, 61 Stat. 932; 7 U. S. C. Sup., 1153. to allot a quota or proration thereof witness stated, the period of operation Interprets or applies sec. 205, 61 Stat. 926; whenever he finds that allotment is nec­ could be extended and some of the allot­ 7 U. S. C. Sup., 1115) essary (1) to assure an orderly and ade­ tees probably could push their rate of Done at Washington, D. C., this 24th quate flow of sugar or liquid sugar in the production beyond that demonstrated in day of April 1953. Witness my hand and channels of interstate or foreign com­ 1952 (R. 175). Thus, to prevent dis­ the seal of the Department of Agricul­ merce, (2) to prevent the disorderly orderly marketing of sugar and to afford ture. marketing of sugar or liquid sugar, (3) all interested persons an equitable op­ to maintain a continuous and stable portunity to market sugar within the [SEAL1 E. T. B e n s o n , supply of sugar or liquid sugar, or (4) area’s quota, as required by section 205 Secretary. to afford all interested persons ap. equi­ (a) of the act, allotment of the direct- consumption portion of the 1953 sugar [P. R. Doc. 53-3750; Piled, Apr. 28, 1953; table opportunity to market sugar or 8:50 a. m.J liquid sugar within the quota for the quota for Puerto Rico was found to be area. Section 205 (a) also provides that necessary. This testimony on the neces­ such allotment shall be made after such sity for allotments in 1953 was not con­ hearing and upon such notice as the troverted by any witness. The government witness presented a [Sugar Reg. 814.10] Secretary may by regulation prescribe. Pursuant to the applicable rules of proposed method of allotment and esti­ Part 814—A l l o t m e n t o f S ugar Q u o t a s practice and procedure (7 CFR 801.1 et mated individual allotments thereunder. The proposed method of allotment con­ DIRECT CONSUMPTION PORTION OF 1953 FOR seq.), a notice was issued on January 19, sisted of equal weightings of Cl) past PUERTO RICO 1953, of a public hearing to be held in marketings as measured by annual mar­ Basis and purpose. This allotment Santurce, Puerto Rico, on February 11, ketings of sugar for direct consumption o is issued under section 205 (a) of 1953, for the purpose of receiving evi­ in the continental United States in the he Sugar Act of 1948, as amended (here- dence to enable the Secretary to make a years 1948 through 1952 (R. 177) and (2) hi called “act” ), for the purpose of fair, efficient and equitable distribution ability to market as measured by the auoting the portion of the 1953 sugar of the direct-consumption portion of the highest marketings in any of the years quota f°r Puerto Rico which may be 1953 sugar quota for Puerto Rico. 1935 through 1952 for each allottee No. 82------2 2498 RULES AND REGULATIONS

(R. 177) . This method was applied to For each of the years 1948-1952 the disorderly marketing of such sugar and 125,500 short tons, raw value, of the factor “ ability to market” was measured to afford each interested person an equi- quota and the balance of 533 tons would by the largest marketings for each allot­ table opportunity to market such sugar be set aside as an unallotted reserve for tee in any year beginning with 1935, ex­ in the continental United States. 1 the marketing of raw sugar for direct pressed as a percentage of the sum of (3) Assignment of a percental weight consumption (R, 179). In order to limit such largest marketings for all allottees. to the “ proportionate shares” factor in effectively the quantity brought into the As in prior years, actual performance as the final allotment formula would not continental United States by any refiner reflected in shipments of direct-con­ result in fair, efficient and equitable in Puerto Rico to no more than the allot­ sumption sugar to the continental United allotments, ment of the quota available to him, the States is considered the most practical (4) The best measure of the “past witness proposed that each allottee be measure of ability to market and mar­ marketings” factor for each refiner is its prohibited from bringing into the conti­ ketings during a.single year is deemed an percentage of the average marketings of nental United States, for consumption adequate measure if a year selected for direct-consumption sugar in the con­ therein, sugar from Puerto Rico in ex­ each refiner will properly reflect relative tinental United States during the years cess of the smaller of (i) the allotment abilities. Accordingly, the period was 1948 through 1952. established in the direct-consumption extended back to 1935 in order that a (5) The best measure of the “ability allotment order, or (ii) the quantity of year could be selected for each refiner in to market” factor for each refiner is its sugar transferred to such allottee and which its operations were at or near the percentage of the sum of the largest charged against a mainland allotment highest level in its history. A compari­ quantities of direct-consumption sugar established in the order allotting the son with present plant capacity shows marketed in the continental United 1953 mainland and local quotas (R. 181). no impairment in the ability of any of States during any calendar year during The only objection made to the basis the allottees to produce direct-consump­ the period 1935-52, inclusive, and the of allotment proposed by the government tion sugar. Therefore, performance in ability so measured is within the present witness was to the inclusion of the years the years selected is considered a reason­ plant capacity of each refiner. prior to 1941 in measuring ability to mar­ able measure of “ability,” and this meas­ (6) The quantities of .sugar referred ket. This objection was made by wit­ ure is used in determining the allotments to in paragraphs (4) and (5) above are nesses for two of the allottees (R. 181, established herein. set forth in the following table: Since there have been no apparent 182). A representative of another allot­ M arketings of R efined and T ubbinado Sugab in tee testified in favor of the government developments which would indicate the the Continental United States proposal, stating that years prior to 1941 desirability of a change in the formula [Short tons, raw value] should be included in measuring ability used for 1952 allotments, equal weighting to market (R. 182). of the two factors, “past marketings” and Average Highest |B Batis of allotment. Section 205 (a) “ability”, is again used for 1953 allot­ Refiner year of the act reads in pertinent part as ments. Accordingly, the portion of the 1948-52 1935-52 1 follows: 1953 sugar quota for Puerto Rico that may be brought into the continental • * * Allotments shall be made In such Arturo Lluberas, estate of, y So- United States as direct-consumption brinos (San Francisco)-:..'------671 2,590 1 manner and in such amounts as to provide Central Aguirre Sugar Co., a trust. 4,686 10,640 1 a fair, efficient, and equitable distribution sugar is allotted by (1) setting aside 533 Central Roig Refining Co------20,366 28,665 I of such quota or proration thereof, by taking short tons, raw value, as a reserve for Porto Rican American Sugar Re- into consideration the processings of sugar or entries of raw sugar for direct consump­ finery, Inc______79,086 116,611 1 Western Sugar Refining Co----—— - 19,050 29,988 I liquid sugar from sugar beets or sugarcane to tion and (2) distributing the balance of which proportionate shares, determined pur­ 125,500 short tons, raw value, among the Total______123,859 188,494 I suant to the provisions of subsection (b) of five allottees on the basis ef equal weight section 302, pertaine^l; the past marketings or importations of each such person; and to the percentage distribution of the (7) A small part of the direct-con­ the ability of such person to market or total marketings of all allottees in the sumption portion of the mainland quota import that portion of such quota or pro­ five years 1948 through 1952 and the per­ is normally marketed in the continental ration thereof allotted to him. • * • centage distribution of the sum of the United States as raw sugar for direct largest marketing of each of the allottees consumption. The quantities brought In the allotments for the years 1948 in any calendar year since 1935. through 1952 no percental weight was in during the calendar years 1950,1951 given to “processings of sugar or liquid During the calendar years 1950, 1951 and 1952 were 875, 289 and 429 short sugar from * * * sugarcane to which and 1952 totals of 875, 289 and 429 short tons, raw value, respectively. Five hun­ proportionate shares * * * pertained” tons, respectively, of Puerto Rican raw dred and thirty-three short tons, raw because the allottees accounting for over sugar were marketed for direct con­ value, should be reserved for this pur­ sumption in the continental United pose in 1953. , 95 percent of the marketings of Puerto (8) Allotments .should be established Rican direct-consumption sugar in the States. It is not practicable to allot such continental United States do not them­ a small quantity among 24 prospective by giving fifty percent weight to past selves process sugar from sugarcane. allottees. Such an allotment would dis­ marketings, measured as provided in This situation continues to prevail and rupt customary trade practices and in­ paragraph (4) above, and fifty percent no percental is given this factor in 1953 terfere with the efficient distribution of weight to ability to market, measured as (R. 177). such sugar. The 533 short tons set aside provided in paragraph (5) above. The factor of past marketings is meas­ as a reserve for the marketings of such (9) Allotments established in the fore­ ured by marketings of direct-consump­ sugar is approximately equal to the av­ going manner and in the amounts set tion sugar in the continental United erage actual marketings of Puerto Rican forth in the order provide a fair, efficient, States in the years 1948 through 1952. raw sugar for direct consumption in 1950, and equitable distribution of the d^ect- These years represent experience under 1951 and 1952. consumption portion of the mainland marketing conditions, including allot­ Findings and conclusions. On the quotas, as required by section 205 (a) 01 basis of the record of the hearing, I ments, similar to those which may be hereby find and conclude that: Order. Pursuant to the authority expected in 1953 and take into account vested in the Secretary of Agriculture oy long-run changes as well. The inclu­ (1) The potential capacity of Puerto section 205 (a) of the act: It is nereoy sion of earlier years would not afford as Rican refiners to produce direct-con­ sumption sugar during the calendar representative a measure of past mar­ ordered: year 1953 exceeds 325,000 short tons and § 814.10 Allotment of the direct-con­ ketings as the years used. The present this quantity is far greater than the total action merely adds the most recent year quantity of such sugar which may be sumption portion of 1953 sugar

Direct- graph (c) Time for submission of appli­ [6th Gen. Rev. of Export Regs., Arndt. consumption cations. P. L. 39 *] allotment 3. Section 373.40 Iron and steel is (short tons, P art 399— P o s it iv e L is t o f C o m m o d it ie s amended by deleting therefrom para­ Refiner: ' ^ -■ raw value) a n d R elated M atters Arturo LIuberas, e s t a t e or, graph ( f ) Distressed iron and steel scrap. y Sobrinos— — ------1.202 4. Section 373.60 Military wearing miscellaneous a m e n d m e n t s Central Aguirre Sugar Co., a trust- 5,916 apparel,' paragraph (a) Application Central Roig Refining Co------19, 861 requirements is amended to read as Section 399.1 Appendix A—Positive Porto Rican American Sugar Re­ follows; List of Commodities is amended in the finery, ln c__------78,887 following particulars: Western Sugar Refining Co------«,„■ 19,634 (a) Application requirements. (1) 1. The dollar-value limit in the column All applications for licenses to export headed “GLV dollar-value limit” set Total_____ - ______...____ 125, 500 military wearing apparel, new and used, forth opposite the commodities listed be­ Unallotted reserve for marketing Schedule B No. 999930, must contain a low is amended to read as follows: of raw sugar for direct con­ statement fully describing the apparel sumption — ------533 covered by the application. The state­ Dept, of 126, 033 ment shall include the following infor­ Com­ GLV mation: merce Commodity dollar- (b) Restrictions on marketings. (1) Schedule value (1) Type of apparel, color (indicating B No. limits During the calendar year 1953, each al­ dyed, if dyed), material, and country for lottee named in paragraph (a) of this which manufactured, if other than the Pipe fittings not specially fabri­ section is hereby prohibited from bring­ United States; cated for particular machines ing into the continental United States, (ii) Whether new, used, surplus, or or equipment: for consumption therein, any direct- 618959 Lead pipe fittings..... 500 rejects; and 618959 Ziqc pipe fittings______, 500 consumption sugar from Puerto Rico in (iii) I f altered, the exact nature of Welding rods and wires: excess of the smaller of (i) the allotment the alterations. 619039 T in ...... 100 619039 Lead and lead base (specify by 500 therefor established in paragraph (a) of (2) All distinctive U. S. military in­ name and metal content)' (re­ this section, or (ii) the quantity trans­ signia, buttons, and other markings must port lead solder in 651200). Foil and leaf (less than .006 inch ferred to such allottee and charged be removed from military wearing ap­ in thickness) (report paper­ against a 1953 mainland allotment under parel before exportation. The applicant backed foil in 486100): § 814.9 must state at the bottom of item 11 of 619250 Tin foil...... 100 650500 Antifriction metal dross and 500 (2) During the calendar year 1953, all the application, as follows; scrap, lead base; and Babbitt persons other than the said allottees are metal dross and scrap, lead base. All distinctive U. S. military insignia, but­ 651200 Lead solder...... 500 hereby prohibited from bringing into tons, and other markings will be removed 651516 Lead-base Babbitt metal (except 500 the continental United States, for con­ from the above apparel before exportation. scrap and dross) (50 percent or sumption therein, any direct-consump­ more of.lead by weight) (report 5. Section 373.71 Supplement 1; Time scrap and dross in 650500; tin- tion sugar except that acquired from an schedules for submission of applications base Babbitt metal in 656517; allottee under *th£ Siirfitations of this and Babbitt metal bearings in for licenses to export certain Positive 769109-769320). section and such^tmount of raw sugar as List commodities is amended by deleting 654501 Nickel ore, concentrates, and None matte. may be certified under § 817 of this part therefrom the following entries and re­ for entry within the unallotted reserve. 656501 Tin ore and concentrates...... I.. 100 lated submission dates: 656501 Tin alloy scrap (new and old) 100 (Sec. 403, 61 Stat. 932; 7 U. S. C. Sup. 1153. (including tin-base Babbitt metal dross and scrap and tin- Interprets or applies sec. 205, 61 Stat. 926; Dept, of base antifriction metal dross 7 U. S. C. Sup., 1115) Com­ Submission and scrap). merce Commodity dato, second 656507 Tin metal in ingots, pigs, bars, 100 Done at Washington, D. C., this 24th Schedule Quarter 1953 blocks, anodes, cathodes, slabs, B No. and other crude forms. day of April 1953. Witness my hand 656517Tin-base Babbitt metal, except 100 and the seal of the Department of scrap and dross (50 percent or Agriculture. Petroleum and products • more of tin by weight) (report scrap and dross in 656501; lead- [ seal] E. T. B e n s o n , 503300 Lubricating oils and greases On or before base Babbitt metal in 651516; through (for shipments to Burma, Feb. 15, Babbitt metal bearings in Secretary. 504100 Ceylon, Taiwan, Indo­ 1953. 769100-769320). china, Hong Kong, India, 656519 Tin pipe, plates, sheets, tubes, 100 [P. R. Doc. 53-3749; Piled, Apr. 28, 1953; Macao, Federation of and other semifabricated forms 8:49 a. m.] Malaya, Republic of Indo­ (specify by name) (report col­ nesia, Pakistan, Republic lapsible tubes in 619950). of the Philippines, Singa­ 658901 Battery shells, and parts, unas- 600 pore, and Thailand (see sembled. TITLE 15— COMMERCE AND f 373.8». 664514 Cadmium dross, flue dust, resi- 100 dues, and scrap. FOREIGN TRADE 664514 Cadmium metals (metallic 100 This amendment shall become effec­ shapes included). Chapter III— Bureau of Foreign and tive as of April 23, 1953. 664514 Cadmium alloys______100 Domestic Commerce, Department (Sec. 3, 63 Stat. 7; 65 Stat. 43; 50 U. S. C. of Commerce App. Sup. 2023. E. O. 9630, Sept. 27, 1945, This part of the amendment shall be­ 10 P. R. 12245, 3 CPR, 1945 Supp.; E. O. 9919, come effective as of 12:01 a. m., April 23, Subchapter C— Office of International Trade Jan. 3, 1948, 13 F. R. 59, 3 CPR, 1948 Supp.) 1953, except the reduction in GLV dollar- [6th Gen. Rev. of Export Regs., Arndt. 44 *1 L o k in g K . M a c y , value limit for Nickel ore, concentrates, Director, and matte which shall become effective P art 371—G en er al ' L ic e n s e s Office of International Trade. as of 12:01 a. m., April 30, 1953. Part —L ic e n s in g P o l ic ie s and 373 [P. R. Doc. 53-3759; Piled, Apr. 28, 1953; 2. The following revisions are made R elated S p e c ia l P r o v is io n s 8:52 a. m.] in commodity descriptions: miscellaneous a m e n d m e n t s 1. Section 371.18 Return of certain Dept, of Processing Vali­ Com­ eode and GLV dated Com­ commodities imported into the United merce Commodity Unit related dollar- license modity Schedule value a,tes GLR, paragraph (a) Machinery or commod­ limits re­ lists I™ * machinery, subparagraph (2) is B No. ity group quired mended by deleting therefrom the fol- Foil and leaf (less than .006 inch in thickness) (report ments*’ conuno(^ es: “precision instru- paper-backed foil in 486100): 619250 Lead foil and leaf1______Lb. NONF 600 RO A B D * Section 373.32 Petroleum products _ aaiended by deleting therefrom para- 1 The above entry is added to the Positive List under Schedule B No. 619250. It is presently included in the last entry under that Schedule B number. The effect of this revision is to increase the GLV dollar-value limits for lead amendment was published in Cur- foil and leaf from $100 to $500. 1953. 1)0,11 Bullétin No- 701, dated April 23 »This amendment was published in Current Export Bulletin No. 701, dated April 23, 1953. 2500 RULES AND REGULATIONS

This part of the amendment shall be­ (Sec. 3, 63 Stat. 7; 65 Stat. 43; 50 U. S. O. § 401.204 Bidders’ mailing lists. Bid. come effective as of 12:01 a. m., April 23, App. Sup. 2023. E. O. 9630, Sept. 27, 1945, 10 der’s mailing lists shall be established by F. R. 12245, 3 CFR, 1945 Supp^ E. O. 9919, purchasing offices or activities to insure 1953. Jan. 8, 1948, 13 F. R. 59, 3 CFR, 1948 Supp.) 3. The following commodities are no ready and current sources of supplies longer subject to evidence of availability L o r in g K . M a c y , except when the purchasing office or requirements (see § 373.3 of this sub­ Director, activity is relatively small and sources chapter) . . Accordingly, the letter “D” Office of International Trade. of supply are readily available in suf. set forth in the column headed “ Com­ ficient number to provide adequate com* [F. R. Doc. 53-3760; Filed, Apr. 28, 1953; petition. All suppliers who appear, from modity Lists” opposite those commodities 8:52 a. m.] is hereby deleted: the bidders’ mailing list application or other available information, to be quali­ fied and eligible to fill the requirements Dept, of TITLE 14— CIVIL AVIATION Com­ of a particular procurement shall be merce Commodity placed on the appropriate bidders’ mail­ Schedule Chapter II— Civil Aeronautics Admin­ B No. ing list. Such lists shall be maintained istration, Department of Commerce on a current basis and subject to con­ 641200 Refined copper in cathodes, billets, ingots, [Amdt. 54] tinuous review and revision by the head wire bars and other crude forms (include of the purchasing office or activity or his anodes) (report copper bars except wire P art 608— D anger A reas bars in 642400). authorized representatives. 644100 Beryllium copper ingots. 644100 Other copper-base ingots. ALTERATIONS § 401.204-1 Use of bidders’ mailing list standard application form. Stand­ The danger area alterations appearing ard Form 129 (Bidders’ Mailing List This part of the amendment shall be­ hereinafter have been coordinated with Application) shall be used in connection come effective as of April 23,1953. the civil operators involved, the Army, with the establishment and maintenance Shipments of any commodities whose the Navy, and the Air Force, through the of bidders’ mailing lists, as provided in GLV dollar-value limits were reduced Air Coordinating Committee, Airspace §§ 401.204-2 and 401.204-3. (DD Forms as a result of changes set forth in item Subcommittee, and are adopted when in­ 558 and 558AF may continue in use until 1 of this amendment which were on dock, dicated in order to promote safety of the present stocks are exhausted.) Supple­ on lighter, laden aboard an exporting flying public. Since a military function mental information, where required, carrier, or in transit to a port of exit of the United States is involved, compli­ may be obtained by the use of DD Form pursuant to actual orders for export prior ance with the notice, procedures, and 558-1. to 12:01 a. m., April 30,1953, may be ex­ effective date provisions of section 4 of ported under the previous general license § 401.204-2 Preparation of application provisions up to and including May 23, the Administrative Procedure Act is not form. A supplier desiring to be placed 1953. Any such shipment not laden required. Part 608 is amended as on a bidders’ mailing list shall be aboard the exporting carrier on or be­ follows: required to file a properly completed fore May 23, 1953, requires a validated 1. In § 608.13, a Shumaker, Arkansas,application on Standard Form 129. In­ license for export. area is added to read: structions for the use of Standard Form 129 are provided on the form. Where additional instructions are required, Name and location Description by geographical Designated Time of designation Using agency (chart) coordinates altitudes such instructions will be furnished to the prospective bidders. The applica­ SHUMAKER (D- Beginning at lat. 33°41/12" N., Surface to 8,000 Daylight hours, Naval Ammuni­ tion shall be signed by a principal as 439)’ (Shreveport long. 92°30'00" W.; SSE. to lat. ft. m. s. 1. Monday through tion Depot, distinguished from an agent. Principals Chart). 33°39'24" N., long. 92°29'33" W.; Friday. Shumaker, Ar­ WSW. to lat. 33°38'12" N., kansas. are not precluded from designating on long. 92°38'15" W.; NNW . to the Standard Form their agents to re­ lat. 33°40'00" N., long. 92°38' 42" W.; ENE.tolat. 33°41'12" ceive invitations for bids. N., long. 92°30'00" W., point of beginning. § 401.204-3 Item listings for informa­ tion of bidders. In order to enable sup­ pliers to indicate readily the items on 2. In § 608.41, the Lake Waccamaw, 1. Section 400.500 (18'F. R. 1988, April 9, 1953) is revised as follows: which they will normally desire to sub­ North Carolina, area (D-402), published mit bids there shall be attached to on April 17, 1952, in 17 F. R. 3405, is § 400.500 Scope of subpart. This sub­ Standard Form 129 a list of items or item deleted. part sets forth the procedures to be fol­ groups or an index to such listings of the (Sec. 205, 52 Stat. 984, as amended; 49 U. S. C. lowed and prescribes the form to be used items normally procured by fhe purchas­ 425. Interprets or applies sec. 601, 52 Stat. for obtaining information concerning ing office or activity maintaining the list, 1007, as amended; 49 U. S. C. 551) contingent or other fees paid by Contrac­ which are considered applicable to the This amendment shall become effec­ tors for soliciting or securing contracts bidder’s type of business. tive on May 1,1953. from the Department of Defense, includ­ ing the Departments of the Army, the § 401.204-4 Suppliers’ response to in­ [ s e a l I F. B . L e e , Navy, and the Air Force. [ vitations for bids. Included with or in Acting Administrator of each invitation for bids or pre-invitation Civil Aeronautics. (R. S. 161; 5 U. S. C. 22. Interprets or applies notice there shall be a notice to suppliers 62 Stat. 21; 41 U. S. C. Sup. 165-161) [F, R. Doc. 53-3732; Filed, Apr. 28, 1953; that if no bid is to be submitted, the sup­ 8:46 a. m.] J. C. H o u s t o n , Jr., plier should advise the issuing officer in Acting Chairman, writing if future invitations for the type Munitions Board. of supplies or services covered by the in­ TITLE 32— NATIONAL DEFENSE vitation are desired. Where Standard [F. R. Doc. 53-3729; Filed, Apr. 28, 1953; Form 30 (Invitation and Bid) or 8:45 a. m.] Chapter IV— -Joint Regulations of the Standard Form 33 (Invitation, Bid, and Armed Forces Award) are used for the solicitation of bids, such notice is given by paragraph Subchapter A— Armed Services Procurement 13 of the terms and conditions of the Regulation P art 401— P rocurement b y F ormal Invitation for Bids as printed on the re­ A dvertising P art 400— G e n e r a l P r o v is io n s verse side of these forms. miscellaneous a m e n d m e n t s S u b pa r t E— C o n t in g e n t or O th e r F ees § 401.204-5 Removal of names from The following amendment relates to bidders’ mailing lists. Removal of names SCOPE OP StTBPART the addition of a new § 401.204 concern­ from bidders’ mailing lists shall be ac­ The following amendment relates to ing the establishment and maintenance complished as provided in this section. the definition of the scope of Subpart E. of bidders’ mailing lists. Purchasing offices and activities shall Wednesday, A p ril 29, 1953 FEDERAL REGISTER 2501

provide for periodic review to insure con­ 1. In § 408.107-2 -(b), subparagraphs employment and revoking Executive formance with the provisions of this (1) through (5) are revoked, and the Order 9835 of March 21, 1947, see Execu­ section. , following substituted therefor. tive Order 10450, supra. Executive Order 9835 is cited as the authority for (a) The name of each supplier who § 408.107-2 Title to foreground pat­ and in the text of Part 889. fails to respond to an invitation for bids ents. * * * or pre-invitation notice may be removed (b) * * * from the bidders’ mailing list without (1) Where one Contractor has as­ notice to the supplier, but only for the sembled a group of research scientists TITLE 32A— NATIONAL DEFENSE, item or items involved in the invitation through the cooperation of other similar APPENDIX or pre-invitation notice. Where a sup­ firms, institutions or organizations; plier fails to respond to two consecutive (2) Where the Contractor, in com­ Chapter XXI— Office of Rent Stabiliza­ invitations for bids or pre-invitation pleting a final phase of a development tion, Economic Stabilization Agency notices, his name shall be removed from project, utilizes the work of other co­ [Rent Regulation 1, Amdt. 134 to Schedule A] the bidders’ mailing list to the extent operating persons, institutions or organ­ indicated above, except that, in indi­ izations, and it would be unfair to such [Rent Regulation 2, Amdt. 132 to Schedule A ] vidual cases, suppliers thus failing to re­ other persons, institutions or organiza­ R R 1— H ousing spond may be retained on a bidders’ tions to allow the Contractor to retain mailing list if such retention is deter­ title to inventions resulting from such RR 2— R oom s i n R oom ing H ouses and mined to be in the best interest of the developments; O ther E stablishments Government. A response to an invita­ (3) Where the major portion of the S chedule A—D efense-R ental A reas tion for bids or pre-invitation notice work under the contract is to be done in shall be deemed to include both actual Government-operated laboratories and INDIANA bids and written requests from non­ with Government-furnished equipment; Effective April 29, 1953, Rent Regula­ bidding suppliers for retention on the (4) Where the Contractor is an or­ tion 1 and Rent Regulation 2 are bidders’ mailing list. ganization, the principal business of amended so that Item 103 indicated be­ (b) The names of suppliers who have which is doing research or development low of Schedules A reads as set forth been (1) debarred from entering into work for the public, and'which does not below. Government contracts or (2) otherwise customarily retain patent rights under determined to be ineligible to receive an (Sec. 204, 61 Stat. 197, as amended; 50 U. S. C. inventions made by it in the research App. Sup. 1894) award of a Government contract, in­ or development work conducted for cluding ineligibility by reason of suspen­ others: Provided, That the Contractor Issued this 24th day of April 1953. sion or other disqualification, shall be may be permitted to retain title in sucli removed from the bidders’ mailing lists W il l ia m G. B arr, case (subject to a license to the Govern­ Acting Director of to the extent required by such debarment ment as set forth in § 408.107-1) if Rent Stabilization. or determination of ineligibility. proper adjustment therefor is made in (103) [Revoked and decontrolled.] § 401.204-6 Reinstatement on bid­ the contract cost or price; ders’ mailing lists. Suppliers whose (5) Where the Contracting Officer These amendments decontrol all of the names have been removed from bidders’ ascertains that title to foreground pat­ Indianapolis, Indiana Defense-Rental mailing lists may be reinstated upon ents is necessary Sov military security Area by reason of the joint determina­ their request and, where required, by and so notifies the Contractor prior to tion and certification by the Secretary of filing a new application on Standard its beginning perform ance^ * Defense and the Director of Defense Form 129: Provided, That no supplier ' * * * * * Mobilization under section 204 (1) of the who has been debarred or declared to be (Sec. 1, 54 Stat. 712, as amended, sec. 201, Housing and Rent Act of 1947, as ineligible shall be reinstated until after 55 Stat. 839, 62 Stat. 20; 50 U. S. C. Sup. amended, that the said Defense-Rental termination of the period of his debar­ 151-161. E. O. 9001, Dec. 27, 1941, 6 F. R. Area is no longer included within a crit­ ment or ineligibility. 6787, as amended by E. O. 9296, Jan. 30, 1943, 8 F. R. 1429; 3 CFR, 1943 Cum Supp.) ical defense housing area. §401.204-7 Excessively long bidders’ J. H . H o u s t o n , Jr., [F. R. Doc. 53-3761; Filed, Apr. 28, 1953; nailing lists. When the number of 8:53 a. m.] names on a bidders’ mailing list is deemed •» _ Acting Chairman, to be excessive in relation to a specific Munitions Board. procurement, such methods as (a) rota­ [F. R. Doc. 53-3731; Filed, Apr. 28, 1953; 8:46 a. m.] tion of bidders’ mailing lists, (b) use of [Rent Regulation 3, Amdt. 128 to Schedule A] pre-invitation notices, or (3) otherwise determined to be advantageous in this [Rent Regulation 4, Amdt. 71 to Schedule A] respect, may be employed to provide a Chapter VI— Department of the Navy R R 3— H otels reduced list of names for use in making the specific procurement. P art 710— A d m issio n op C andidates I nto RR 4— M otor C ourts (R. S. 161; 5 U. S. C. 22. Interpret or apply the N aval A cademy as M idsh ipm en S chedule A — D efense-R ental A reas 62 Stat. 21; 41 U. S. C. Sup. 151-161) EXECUTION OF LOYALTY CERTIFICATE INDIANA J. C. H o u s t o n , Jr., E ditorial N o t e : For order prescribing Effective April 29, 1953, Rent Regula­ Acting Chairman, security requirements for Government Munitions Board. employment and revoking Executive tion 3 and Rent Regulation 4 are amended so that Item 103 indicated [F. R. Doc. 53-3730; Piled, Apr. 28, 1953; Order 9835 of March 21,1947, see Execu­ 8:45 a. m.] tive Order 10450, supra. Executive below of Schedules A reads as set forth Order 9835 is cited in § 710.58. below. (Sec. 204, 61 Stat. 197, as amended; 50 U. S. C. App. Sup. 1894) Part 408—P atents and C o p y r ig h t s Chapter VII— Department of the Issued this 24th day of April 1953. title to foreground p a te n t s Air Force W il l ia m G . B arr, The following amendment deletes cer­ P art 889— C iv il ia n P ersonnel L o y a lt y Acting Director of tain of the examples of instances where and S ecur ity P rpgram Rent Stabilization. it is proper and desirable for the govern­ (103) [Revoked and decontrolled.] ment to acquire title (as distinguished SECURITY REQUIREMENTS FOR GOVERNMENT from a license) to an invention made in EMPLOYMENT These amendments decontrol all of the performance of research and devel­ E ditorial N ote : For order prescribing the Indianapolis, In d ia n a Defense- opment work. security requirements for Government Rental Area by reason of the joint de- 2502 RULES AND REGULATIONS termination and certification by the Sec­ TITLE 33— NAVIGATION AND tions and Establishing the Organiza- tional Structure of the Office of the retary of Defense and the Director of NAVIGABLE WATERS Defense Mobilization under section 204 Secretary, dated February 14, 1952, as (1) of the Housing and Rent Act of 1947, Chapter II— Corps of Engineers, amended. as amended, that the said Defense- I t is ordered, This 16th day of April Department of the Army 1953, that effective immediately, Part 3, Rental Area is no longer included within P art 203— B ridge R e g u l a t io n s §§ 3.616 and 3.685 of the Commission’s a critical defense housing area. rules and regulations are revised as set KENNEBEC RIVER, MAINE; STATE HIGHWAY forth below: [P. R. Doc. 53-3762; Filed, Apr. 28, 1953; COMMISSION BRIDGES BETWEEN RICHMOND 8:53 a. m.] 1. In § 3.614: AND DRESDEN AND BETWEEN GARDINER AND A. The caption in the table appearing RANDOLPH in paragraph (a) is amended to read: The last sentence of § 203.10 (b) is “ Minimum visual effective radiated [Rent Regulation 1, Amdt. 47 to Schedule B] corrected to read as follows; power in db above 1 kilowatt (dbk) for the antenna height shown” . [Rent Regulation 2, Amdt. 48 to Schedule B] § 203.10 Kennebec River, Maine; * * * (b) * * * Notices stating exactly how B. Add a subparagraph (1) to para­ graph (a) to read as follows: RR 1— H o u s in g the draw tender may be reached shall be R R 2— R o o m s i n R o o m in g H o u s e s and posted in the same manner as the copies (1) The minimum effective radiated O th er E stablishments of the regulations posted in accordance power in any horizontal direction shall with paragraph (e) of this section. meet the minimum power requirements S c h e d u l e B — S p e c if ic P r o v is io n s R e ­ * * * * * of this section and Appendix HI, Figure l a t in g to I n d iv id u a l D e f e n s e -R e n t a l [Regs., Mar. 14, 1952, 823.01-ENGWO] (28 1. A reas or P o r t io n s T h e r e o f Stat. 362; 33 U. S. C. 499) C. The eaption in the table appearing INDIANA [SEAL] WM. E. BERGIN, in paragraph (b) is amended to read: Major General, U. S. Army, “Maximum visual effective radiated Effective April 29, 1953, Rent Regula­ The Adjutant General. power in db above 1 kilowatt (dbk)”. tion 1 and Rent Regulation 2 are [P. R. Doc. 53-3755; Filed, Apr. 28, 1953; D. Add subparagraphs (3) and (4) to amended as set forth below. 8:51 a. m.] paragraph (b) to read as follows: (Sec. 204, 61 Stat. 197, as amended; 50 U. S. C. (3) The effective radiated power in App. Sup. 1894) any horizontal or vertical direction may TITLE 42— PUBLIC HEALTH not exceed the maximum values permit­ Issued this 24th day of April 1953. Chapter I— ■Public Health Service, ted by this section and Appendix m, Figures 2 (a) and 2 (b ). W il l ia m G. B arr, Department of Health, Education, Acting Director of (4) The maximum effective radiated Rent Stabilization. and Welfare power in any direction above the horizon Subchapter B— Personnel shall be as low as the state of the art 1. Item 35 is deleted from Schedule B of permits and may not exceed the effective Rent Regulation 1. P art 21— C ommissioned O ffic e r s radiated power in the horizontal direc­ 2. Items 40 and 49 are deleted from Sched­ Subchapter E— Fellowships, Internships, Training tion in the same vertical plane. ule B of Rent Regulation 2. P art 61—F e l l o w s h ip s 2. Delete § 3.685 (e) and substitute the The deletion of the items specified following: above from Schedules B of Rent Regula­ P art 63— N a t io n a l H eart I n s t it u t e tion 1 and Rent Regulation 2 is based on T raineeships (e) A directional antenna is consid­ the decontrol of the territory to which ered to be an antenna that is designed or s e c u r it y requirements for g o v e r n m e n t altered for the purpose of obtaining a they pertained. EMPLOYMENT noncircular radiation pattern. Direc­ [P. R. Doc. 53-3763; Piled, Apr. 28, 1953; E d it o r ia l N o t e ; For order prescribing tional antennas may not be used for the 8:53 a. m.[ security requirements for Government purpose of reducing minimum mileage employment and revoking Executive separation requirements but may be em­ Order 9835 of March 21, 1947, see Ex­ ployed for the purpose of improving serv­ ecutive Order 10450, supra. Executive ice or for the purpose of using a partic­ [Rent Regulation 4, Amdt. 12 to Schedule B] Order 9835 is cited in §§ 21.155, 61.13, ular site; however, directional antennas and 6*3.7. with a ratio of minimum to maximum R R 4—M otor C o u r t s radiation in the horizontal plane of more S c h e d u l e B— S p e c if ic P r o v is io n s R e l a t ­ than 10 decibels will not be permitted. in g to I n d iv id u a l D e f e n s e -R e n t a l TITLE 47— TELECOMMUNI­ (Sec. 4, 48 Stat. 1066, as amended; 47 U. S. C. A reas or P o r t io n s T h er eo f CATION 154. Interpret or apply sec. 303, 48 Stat. 1082, as amended; sec. 5, 66 Stat. 713; 47 INDIANA Chapter I— Federal Communications U. S. C. 303) Effective April 29, 1953, Rent Regula­ Commission Released: April 17, 1953. tion 4 is amended as set forth below. P art 3— R ad io B roadcast S e r vic es F ederal C ommunications (Sec. 204, 61 Stat. 197, as amended; 50 U. S. C. TELEVISION BROADCAST STATIONS C o m m is s io n , App. Sup. 1894) [ s e a l ] T. J. S l o w ie , 1. The Commission has under consid­ Secretary. Issued this 24th day of April 1953. eration editorial revisions of §§ 3.614 and 3.685 of its rules and regulations. [P. R. Doc. 53-3756; Piled, Apr. 28, 1953; W i l l ia m G. B arr, 8:51 a. m.] Acting Director of Since the amendments adopted herein Rent Stabilization. are editorial in nature provisions of sec­ tion 4 of the Administrative Procedure [Docket No. 10380] Item 103 of Schedule B is deleted. Act are inapplicable, and the amend­ P art 6— P u b l ic R adiocommunication The deletion of Item 103 specified ments may become effective immediately. S er v ic e s (O t h e r T h a n M a r itim e Mo­ above from Schedule B of Rent Regula­ The amendments adopted herein are issued pursuant to authority contained b il e ) tion 4 is based on the decontrol of the in sections 4 (i), 5 (d) (1), and 303 (r) FREQUENCY TOLERANCES territory to which the item pertained. of the Communications Act of 1934, as [F. R. Doc. 53-3764; Filed, Apr. 28, 1953; amended, and paragraph F-6 of the At a session of the Federal Communi­ 8:53 a. m.] Commission's Order Defining the Func­ cations Commission held at its offices in Wednesday, A p ril 29, 1953 FEDERAL REGISTER 2503

Washington, D. C., on the 23d day of percent of the assigned frequency (the days from the date of publication April 1953; tolerance presently in effect) ; thereof, and that such good cause has The Commission having under consid­ It further appearing, that assignment been shown; eration the matter of amending Part 6 to Press Wireless, Inc. of frequencies ac­ It further appearing, that the public of the Commission’s rules to provide fre­ tually being used in those cases where interest, convenience and necessity will quency tolerance requirements for radio such frequencies are outside of the limits be served by the amendment, the au­ stations in the International Fixed Pub­ of the proposed new tolerance provides thority for which is contained in sec­ lic Service, which are in conformance a satisfactory answer to Press Wireless’ tions 4 (i), 303 (e), (f) and (r) of the with the tolerance requirements of Ap­ need for additional frequency separation Communications Act as Amended; pendix 3 to the Atlantic City Radio Reg­ in certain cases; It is ordered, That effective May 1, ulations (1947); It further appearing, that Press Wire­ 1953, Part 6 of the Commission’s rules It appearing, that in accordance with less has applied for frequencies adjacent and regulations governing Public Radio- the requirements of the Administrative to present assignments and that such communication Services is amended as Procedure Act, a notice of proposed rule applications have been granted; set forth below. making was duly published in the F ed­ It further appearing, that paragraph (Sec. 4, 48 Stat. 1066, as amended; 47 TJ. S. C. eral R egister on February 10, 1953, 296 of the agreement concluded at the 154. Interprets or applies sec. 303, 48 Stat. which notice proposed the above amend­ Extraordinary Administrative Radio 1082, as amended; 47 U. S. C. 303) ment to the Commission’s rules; Conference (Geneva, 1951) provides It further appearing, that the period that the frequency tolerances as speci­ Released: April 24, 1953. in which interested persons were af­ fied in Column 3 of Appendix 3 to the F ederal C ommunications forded an opportunity to submit com­ Atlantic City Radio Regulations shall C o m m is s io n , ments has expired; apply after May 1, 1953; [ s e a l ] T. J. S l o w ie , It further appearing, that Press Wire­ It further appearing, that the Com­ Secretary. less, Inc. submitted the only comments mission’s rules regarding frequency Delete present § 6.30 of the Commis­ received and these comments have been tolerances should be brought into con­ formity with the Atlantic City Table of sion’s rules and substitute therefor the considered; following: It further appearing, that the com­ Tolerances on or before May 1, 1953, the ments of Press Wireless, Inc. do not effective date of the Atlantic City Table; § 6.30 Tolerances. The operating fre­ raise an objection to adoption of the It further appearing, that, due to the quency of stations in the International fact that insufficient time remains, it Fixed Public Radiocommunication Serv­ frequency tolerances proposed insofar will be impossible to make the proposed ice shall be maintained within a toler­ as its ability to maintain the required rule change effective on May 1, 1953 and ance of plus or minus the assigned fre­ frequency stability is concerned, but at the same time to comply with sec­ quency as follows: present an operating problem which tion 4 (c) of the Administrative Proce­ * J. u i e r u riu G arises from its .practice of operating on dure Act which requires publication of Frequency range: ( percent) frequencies removed from actually as­ 10 to 50 kc______o. 1 final orders of proposed rule changes 30 50 to 535 kc______0. 02 signed frequencies by more than 0.003 days prior to the effective date thereof 1605 to 30000 kc______0. 003 percent of the assigned frequency (the m ak in g except for good cause shown for [F. R. Doc. 53-3757; Filed, Apr. 28, 1953; tolerance proposed), but by less than 0.01 such changes effective less than thirty 8:51 a. m.]

PROPOSED RULE MAKING

FEDERAL TRADE COMMISSION suggestions, or objections may be sub­ DEPARTMENT OF AGRICULTURE mitted by letter, memorandum, brief, or [ 16 CFR Part 1591 other communication, to be filed with the Production and Marketing [File No. 21-383] Commission not later than May 15,1953. Administration Opportunity to be heard orally will be af­ H ear ing A id I n d u s t r y forded at the hearing beginning at 10 [ 7 CFR Part 52 ] a. m., May 15,1953, in Room 332, Federal NOTICE OF HEARING AND OF OPPORTUNITY TO C a n n e d A p pl e s PRESENT VIEWS, SUGGESTIONS, OR OBJEC­ Trade Commission Building, Pennsyl­ TIONS vania Avenue at Sixth Street NW„ Wash­ U. S. STANDARDS FOR GRADES1 ington, D. C., to any such persons, firms, In the matter of proposed revised and Notice is hereby given that the United corporations, organizations, or other States Department of Agriculture is con­ extended trade practice rules for the parties who desire to appear and be Hearing Aid Industry; File No. 21-383. sidering the revision, as herein proposed, heard. After due consideration of all Opportunity is hereby extended by the of the current United States Standards Federal Trade Commission to any and all matters presented in writing or orally, for Grades of Canned Apples, pursuant persons, firms, corporations, organiza­ the Commission will proceed to final ac­ to the authority contained in the Agri­ tions, or other parties, including farm, tion on the proposed rules. cultural Marketing Act of 1946 (60 Stat. labor, and consumer groups, affected by Members of the industry are persons, 1087; 7 U. S. C. 1621 et seq.) and the or having an interest in the proposed firms, corporations, and organizations Department of Agriculture Appropria­ trade practice rules for the Hearing Aid engaged in the manufacture, distribu­ tion Act, 1953 (Pub. Law 451, 82d Cong., approved July 5, 1952). This revision, Industry (which constitute a proposed tion, or sale of hearing aid instruments or if made effective, will be the fourth issue devices, and parts and accessories there­ revision and extension of the rules for by the Department of grade standards such industry as promulgated by the for, designed for or represented as aid­ for this product. Commission on December 30, 1944), to ing, improving, or correcting defective All persons who desire to submit Present to the Commission their views hearing. written data, views, or arguments for concerning said rules, including such per­ Issued: April 23, 1953. consideration in connection with the tinent information, suggestions, or ob­ proposed revision should file the same, jections as they may desire to submit, By the Commission. in duplicate, with the Chief, Processed and to be heard in the premises. For [ seaiJ D. C. D a n ie l , this purpose they may obtain copies of Secretary. 1 The requirements of these standards shall the proposed rules upon request to the not excuse failure to comply with the pro­ [F. R. Doc. 53-3754; Filed, Apr. 28, 1953; visions of the Federal Food, Drug, and Commission. Such views, information. 8:50 a. m.] Cosmetic Act. 2504 PROPOSED RULE MAKING

Products Standardization and Inspection facilitate drainage, and allowing to possess a reasonably uniform bright Division, Fruit and Vegetable Branch, drain for two minutes. The drained color, characteristic of apples of similar Production and Marketing Administra­ weight is the weight of the sieve and the varieties. tion, United States Department of Agri­ apples less the Weight of the dry sieve. (ii) I f the canned apples possess a culture, Washington 25, D. C., nof later A sieve of 8 inches in diameter is used fairly good color, a score of 14 to 16 than 30 days after publication hereof for No. 3 size cans (404 x 414) and points may be given. Canned apples that fall into this classification shall not in the F ederal R e g ist e r . smaller, and a sieve 12 inches in diame­ The proposed revision is as follows: ter is used for containers larger than be graded above U. S. Grade C or U. S. the No. 3 size can. Standard, regardless of the total score § 52.119 Canned apples. Canned for the product (this is a limiting rule). apples is the product prepared from T able. I—B ecommended D rained W eights for “ Fairly good color” means that the slices “H eavy Pack” sound, fresh apples of proper ripeness, possess a color characteristic of apples which fruit has been washed, peeled, Can dimensions of similar varieties; may vary noticeably cored, trimmed, and sliced; is packed (in indies) Drained in color; may possess a slight, but not Can size weight with or without the addition of sweeten­ (in ounces) markedly, brown, pink, or gray cast; and ing ingredients, water, salt, and spices; Diameter Height are practically free from internal dis­ and is sufficiently processed by heat to coloration. assure preservation of the product in 'No. 2...... 3 ■'Ae 18- (iii) Canned apples that fail to meet hermatically sealed containers. No...... 4He 41H« 26 the requirements of subdivision (ii) of 96 (a) Styles of canned apples. (1) No. 10...... 6$ie 7 this subparagraph may be given a score “ Sliced” means canned apples consisting of 0 to 13 points and shall not be graded of segments of apples cut longitudinally (2) Compliance with the recommended above Substandard, regardless of the and radially from the core axis. drained weights for canned apples is de­ total score for the product (this is a lim­ (b) Grades of canned apples. (1) termined by averaging the drained iting rule). “ U. S. Grade A ” or “U. S. Fancy” is the weights from all the containers which (2) Uniformity of size, (i) The factor quality of canned apples that possess are representative of a specific lot and of uniformity of size refers to the degree similar varietal characteristics; that pos­ such lot is considered as meeting the of wholeness and to the uniformity of sess a good flavor and odor; that possess recommendation if : thickness of the slices. a good color; that are practically uni­ (1) The average drained weight from (a) “ Practically whole slice” means form in size; that are practically free all the containers meets the recom­ that the individual slice may be cut or from defects; that possess a good char­ mended drained weight; broken but at least three-fourths of the acter; and that score not less than 85 (ii) One-half—or more of the con­ apparent original slice remains. points when scored in accordance with tainers meet the recommended drained (ii) Canned apples that are practically the scoring system outlined in this sec­ weight; and uniform in size may be given a score of 17 tion: Provided, That the canned apples (iii) The drained weights from the to 20 points. “Practically uniform in may be fairly uniform in size, if the total containers which do not meet the recom­ size” means that at least 90 percent, by score is not less than 85 points. mended drained weights are within the weight, of the contents of the container (2) “U. S. Grade C” or “U. S. Stand­ range of variability for good commercial consists of whole or practically whole ard” is the quality of canned apples that practice. slices of lV i inches in length or longer; possess similar varietal characteristics; (e) Ascertaining the grade. (1) Theand that of the 90 percent, by weight, of that possess a fairly good flavor; that grade of canned apples is ascertained by such whole or practically whole slices process a fairly good color; that are considering, in conjunction with the re­ having the most uniform thickness, the fairly uniform in size; that are fairly quirements of the respective grade, the thickness of the slices does not vary more free from defects; that possess a fairly respective ratings for the factors of color, than % inch. good character; and that score not less uniformity of size, absence of defects, (iii) Canned apples that are fairly uni­ than 70 points when scored in accord­ and character. - form in size may be given a score of 14 ance with the scoring system outlined in (2) The relative importance of each to 16 points. “ Fairly uniform in size” this section- factor which is scored is expressed means that at least 75 percent, by weight, (3) “ Substandard” is the quality of numerically on the scale of 100. The of the contents of the container consists canned apples that fail to meet the re­ maximum number of points that may be of whole or practically whole slices of quirements of “U- S. Grade C” or “U. S. given such factors are: 1 y4 inches in length or longer; and that Standard.” Factors: Points of the 75 percent, by weight, of such (c) Recommended fill of ,container. (i) Color______20 whole or practically whole slices having The recommended fill of container is (ii) Uniformity of size__ ;______20 the most uniform thickness, the thick­ not incorporated in the grades of the (iii) Absence of defects______20 ness of the slices does not vary more than finished product since fill of container, (iv) Character______... ------40 Yi inch. as such, is not a factor of quality for (iv) Canned apples that fail to meet the purposes of these grades. It is rec­ Total score______...... 100 the requirements of subdivision (iii) of ommended that each container be filled (3) “ Good flavor” means that the this subparagraph may be given a score with apples as full as practicable with­ product has a good, characteristic, nor­ of 0 to 13 points and shall not be graded out impairment of quality and that the mal flavor and odor, and is free from above substandard, regardless of the total product and packing medium occupy not objectionable flavors and objectionable score for the product (this is a limiting less than 90 percent of the volume of odors of any kind. rule). the container. (4) “Fairly good flayor” means that (3) Absence of defects, (i) The factor (d) Recommended drained weights. the product may be lacking in good char­ of absence of defects refers to the de­ (1) Drained weight recommendations acteristic flavor and odor, but is free gree of freedom from harmless extrane­ for canned apples are not incorporated from objectionable flavors and objec­ ous matter, from damaged or seriously in the grades of the finished product tionable odors of any kind.. damaged slices, and from carpel tissue. ^ since drained weight, as such, is not a (f) Ascertaining the rating for the (a) “Harmless extraneous matter’ factor of quality for the purposes of factors which are scored. The essential means any vegetable substance (includ­ these grades. Canned apples that com­ variations within each factor which is ing but not being limited to, a leaf , stem, ply with the recommendations contained scored are so described that the value or portions thereof, cores and portions of in Table I of this subparagraph will be may be ascertained for much factors cores, and seeds) that is harmless. considered as “Heavy Pack.” The and expressed numerically. The nu­ (b) “ Damaged unit” means any unit drained weight of canned apples is de­ merical ¿range within each factor which possessing green peel that exceeds in the termined by emptying the contents of is scored is inclusive (for example “ 17 aggregate an area of a circle V2 inch m the container upon a United States to 20 points” means 17, 18, 19, or 20 diameter, or red peel that exceeds in the Standard No. 8 circular sieve of proper points). aggregate an area of a circle Yi inch in diameter containing 8 meshes to the (1) Color, (i) Canned apples that diameter, light brown bruise which is inch (0.0937-inch, ± 3 percent square possess a good color may be given a score more than lU inch deep, and any unit in openings) so as to distribute the product of 17 to 20 points. “ Good color” means which the appearance or eating quality evenly, inclining the sieve slightly to that the slices, internally and externally, is materially affected by blossom and Wednesday, A p ril 29, 1953 FEDERAL REGISTER 2505 material, dark brown bruise or other in­ be graded above U. S. Grade C or U. S. [ 7 CFR Part 942 ] ternal or external discoloration, path­ Standarad, regardless of the total score [Docket No. AO 103-A-13] ological injury, insect injury, or by any for the product (this is a limiting rule). other means. “Fairly good character” means that the M i l k m N e w O r l e a n s , L o u is ia n a , (c) “Seriously damaged unit” meansslices may be variable in texture, with M a r k e t in g A rea not more than 20 percent, by weight, of any unit damaged to such an extent that NOTICE OF HEARING ON HANDLING OF MILK; the slices that are markedly soft, mark­ the appearance or eating quality is seri­ PROPOSED AMENDMENT TO TENTATIVE edly hard, or mushy. ously affected. MARKETING AGREEMENT AND TO ORDER, AS id) “Practically free from carpel tis­ (iv) Canned apples that fail to meet AMENDED sue” means that for each 16 ounces of the requirements of subdivision (iii) of the product, the carpel tissue present this subparagraph may be given a score Pursuant to the Agricultural Market­ does not exceed in the aggregate an area of 0 to 27 points and shall not be graded ing Agreement Act of 1937, as amended equal to % square inch. above Substandard, regardless of the (7 U. S. C. 601 et seq.), and the ap­ (e) “Reasonably free from carpel tis­ total score for the product (this is a plicable rules of practice and procedure sue” means that for each 16 ounces of limiting rule). governing the formulation of marketing the product the carpel tissue does not (g) Tolerances for certification of offi­ agreements and marketing orders (7 exceed an area equal to 1% square cially drawn samples. (1) When certi­ CFR Part 900), notice is hereby given of inches. fying samples that have been officially a public hearing to be held at the St. (it) Canned apples that are practi­ drawn and which represent a specific Regis Airline Restaurant, 3500 Airline cally free from defects may be given a lot of canned apples, the grade for such Highway, New Orleans, Louisiana, be­ score of 17 to 20 points. “Practically free lot will be determined by averaging the ginning at 10:00 a. m., May 7, 1953, for from defects” means that extraneous total scores of the containers compris­ the purpose of receiving evidence with matter may be present that does not ing the sample, if, with respect to those respect to economic conditions which re­ materially affect the appearance or eat­ factors which are scored: late to the handling of milk in the New ing quality of the product; that the (1) Not more than one-sixth of the Orleans, Louisiana, marketing area and product is practically free from carpel containers fails to meet the grade indi­ to the proposed amendments hereinafter tissue; and that not more than a total of cated by the average of such total scores: set forth, or appropriate modifications 5 percent, by weight, of the units may be (ii) None of the containers falls more thereof, to the tentative marketing damaged of which not more than 1 per­ than 4 points below the minimum score agreement heretofore approved by the cent, by weight, of all the units may be for the grade indicated by the average Secretary of Agriculture and to the seriously damaged: Provided, That ex­ of such total scores: order, as amended, regulating the han­ traneous matter, damaged and seriously (iii) None of the containers falls more dling of milk in the New Orleans, Louisi­ damaged units, singly or in combina­ than one grade below the grade indi­ ana, marketing area (7 CFR 942 et seq.). tion, do not materially affect the appear­ cated by the average of such total These proposed amendments have not ance or eating quality of the product. scores; received the approval of the Secretary of (iii) Canned apples that are fairly (iv) The average score of all contain­ Agriculture. free from defects may be given a score ers for any factor subject to a limiting Amendments to the order, as amended, of 14 to 16 points. Canned apples that rule must be within the score range of regulating the handling of milk in the fall into this classification shall not be that factor for the grade indicated by New Orleans, Louisiana, milk marketing graded above U. S. Grade C or U. S. the average of the total scores of the area were proposed, as follows: Standard, regardless of the total score containers comprising the sample; and By the Borden Company, Cloverland for the product (this is a limiting rule). (2) All containers comprising the Dairy Products Corporation, Gold Seal “Fairly free from defects” means that sample meet all applicable standards of Creamery, St. Charles Dairy, Inc., Estelle extraneous matter may be present that quality promulgated under the Federal Dairy, Hayes Dairy Products, Inc., does not seriously affect the appearance Food, Drug, and Cosmetic Act and in ef­ Roemer Dairies, and Brown’s Velvet or eating quality of the product; that fect at the time of the aforesaid certifi­ Dairy Products, Inc.: the product is fairly free from carpel cation. • 1. Delete § 942.41 (c) and substitute, tissue; and that not more than a total (h) Score sheet for canned apples. therefor, the following: of 15 percent, by weight, of the units may (c) Class H milk shall be all skim be damaged of which not more than 3 Size and kind of container_____ milk and butterfat used to produce percent, by weight, of all the units may Container mark or identification. Label______cheese other than Cheddar. be seriously damaged: Provided, That Net weight (ounces)______extraneous matter, damaged and seri­ Vacuum readings (in inches)___ 2a. Delete § 942.41 (d) and substi­ ously damaged units, singly or in combi­ Drained weight (ounces)______tute, therefor, the following: nation, do not seriously affect the ap­ (d) Class i n milk shall be all skim Factors pearance or eating quality of the product. Score points milk and butterfat used to produce ice (iv) Canned apples that fail to meet cream or ice cream mix. the requirements of subdivision (iii) of ((A) 17-20 this subparagraph may be given a score L Color. ______20 fiC ) 114-16 b. After paragraph (d) in § 942.41, l(SStd) 1 0-13 of 0 to 13 points and shall not be graded ((A) 17-20 add paragraph (e) which shall read as above Substandard, regardless of the IL Uniformity of size.. 20 fiC) 14-16 follows: l(SStd) 10-13 total score for the product (this is a {(A) 17-20 (e) Class IV milk shall be (1) all skim limiting rule). IIL Absence of defects______20 ((C ) » 14-16 l(SStd) 10-13 milk and butterfat disposed of as any (4) Character, (i) The factor of f(A) 34-40 item other than those classified in para­ character refers to the texture of the IV. Character of fruit______40 ((C ) 1 28-33 l(SStd) 10-27 graphs (a ), (b), (c), and (d) of this slices and to the tendency to retain their section; (2) skim milk and butterfat conformation without material softening Total score______100 disposed of for livestock feed; (3) skim or disintegration. milk dumped, and (4) skim milk and (o) “Mushy” means slices or portionsNormal flavor Mid odor. thereof that are a pulpy mass and of a Grade______... butterfat accounted for as actual plant consistency approximating applesauce. shrinkage but not in excess of 2 percent (ii) Canned apples that possess a good > Indicates limiting rule. of receipts of skim milk and butterfat, character may be given a score of 34 to Issued at Washington, D. C., this 23d respectively, from producers. 40 points. “ Good character” means that day of April 1953. 3. Change the number of § 942.54 to the slices possess a reasonably tender § 942.55. texture, and that not more than 5 per­ [ s e a l ] R o y W. L e n n a r t s o n , cent, by weight, are mushy. Assistant Administrator, Pro­ 4. After § 942.53, insert § 942.54 which (iii) Canned apples that possess a duction and Marketing Ad­ shall read as follows: fairly good character may be given a ministration. §'942.54 Class IV prices. The price score of 28 to 33 points. Canned apples [F. R. Doc. 53-3773; Filed, Apr. 28, 1953; for Class IV milk shall be computed in that fall into this classification shall not 8:55 a. m.] the same manner as the price for No. 82------3 2506 PROPOSED RULE MAKING

Class III milk, less a cooling and trans­ ments to certain pricing provisions of the This organization has been active in portation charge of $0.35 a hundred­ order considered at this hearing was is­ allocating milk among handlers by trans­ weight. sued March 6, 1953. The findings and ferring producers both on a temporary conclusions with respect to the issues and permanent basis and by transfers By Brown’s Velvet Dairy Products, dealt with herein were deferred pending of truckloads of milk among handlers. Inc.: further consideration and issuance of Monthly utilization reports would enable 5. To re-examine the classification the association to perform more fully and pricing of skim milk and butterfat this decision. The material issues of record remain­ the function of allocating milk among utilized as Class I and Class I-A milk. ing for consideration are as follows: handlers, and would facilitate the move­ By Dairy Branch, Production and Mar­ (1) A revision of the definition of base ment of excess milk to the highest priced keting Administration: milk; available outlets. Such practices are 6. Make such changes as may be re­ (2) A provision for monthly reports to hélpful to both producers and handlers quired to make the entire marketing be furnished by the market administra­ in promoting more orderly marketing. agreement and order conform with any tor to a cooperative association showing Producers at the hearing revised their amendments thereto that may result for each handler the percentage classifi­ original proposal to provide that the from this hearing. cation in each class of milk received Market Administrator also include in the Copies of this notice of hearing and of from association members; report the relationship of total pro­ the order now in effect may be procured (3) A redesignation of inventory vari­ ducer receipts to gross Class I sales for from the Market Administrator, M. M. ations as Class I milk instead of Class II each handler. Handlers testified that Truxillo, 3709 S. Carrollton Avenue, New milk. they had no objections to the Market Orleans 12, Louisiana, or from the Hear­ Findings and conclusions. The fol­ Administrator furnishing this informa­ ing Clerk, Room 1353, South Building, lowing findings and conclusions are tion to the association, provided that it United States Department of Agricul­ based upon the evidence introduced at would be maintained on a confidential ture, Washington 25, D. C., or may be the hearing and record thereof: basis by the association. Primarily, the inspected there. 1. The method of computing monthly function of the Market Administrator is Dated April 23, 1953, at Washington, base quantities of milk applied during to release market information to the pub­ D. C. the base operating period should be lic Without identification of individuals [ s e a l ] R o y W . L e n n a r t s o n , changed. involved. Under the condition stated Assistant Administrator. The producers association proposed by the handlers, the requested informa­ that each producer’s base quantity tion could not be made public. Since the [F. R. Doc. 53-3775; Filed, Apr. 28, 1953; should be determined by multiplying the handlers appear to have no objection 8:56 a. m.] daily base previously established by such to the cooperative having this informa­ producer by the number of days in the tion, this problem, therefore, appears to delivery period, rather than by the num­ be one which more appropriately should ber of days on which deliveries of milk be made the subject of direct negotia­ [ 7 CFR Part 988 ] are made. They proposed this change tion between handlers and the associa­ H a n d l in g o f M i l k i n K n o x v il l e , to facilitate the computations of in­ tion. T e n n e s s e e , M a r k e t in g A rea dividual producer’s bases used in the In supplying the information on the monthly payments for milk of their classification of association members’ d e c is io n w i t h r e spe c t t o proposed m a r -» members. Producers testified that milk, such milk should be prorated to KETING AGREEMENT AND PROPOSED ORDER nearly all of the adjustments which are each class in the proportion that the AMENDING ORDER, AS AMENDED required in the payments to their mem­ total receipts of producer milk were used Pursuant to the provisions of the Agri­ bers result from errors in the reporting in each class by such handler. This cultural Marketing Agreement Act of of the number of days of delivery. The information will be available to the Mar­ 1937, as amended (7 U. S. C. 601 et seq.), use of the number of days in the delivery ket Administrator on or before the 15th and the applicable rules of practice and period also would permit handlers and day after the end of each delivery period procedure, as amended, governing pro­ the association fro make these computa­ from handler’s regular reports. ceedings to formulate marketing agree­ tions well in advance of the date for 3. Inventory variations of fluid milk ments and marketing orders (7 CFR Part making payments. Under the present and cream and fluid milk products 900), a public hearing was conducted at method they must await completion of should be redesignated as Class I milk Knoxville, Tennessee, on February 16 producer delivery reports. Such reports and frozen cream should be classified as and 17, 1953, pursuant to notice thereof cannot be made available to the asso­ Class I I milk. which was issued on February 11, 1953 ciation until a few days prior to making Under the present order, variations (18 F. R. 846)'Upon a proposed marketing payments to their members. Under the between the beginning and ending in­ agreement and proposed amendments to proposed change, individual producers ventories held by handlers of bulk milk the order, as amended, regulating the will receive full credit for their estab­ and cream, and bottled milk and milk handling of milk in the Knoxville, Ten­ lished bases for each delivery period products are designated Class n milk. nessee, marketing area. during the base operating period even Because other source milk is received Upon the basis of the evidence intro­ though deliveries are not made each day. during some delivery periods, it has been duced at the hearing and the record Producers favored this change also be­ necessary to maintain separate inven­ thereof, the Assistant Administrator, cause it would tend to give individual tory accounts for producer and other Production and Marketing Administra­ producers somewhat more freedom in source milk. Handlers proposed that tion, on April 3,1953, filed with the Hear­ disposing of seasonal reserve milk by inventory variations be designated Class ing Clerk, United States Department of diversion directly to manufacturing I milk. Agriculture, his recommended decision. outlets or by use on the farm. It is con­ Handlers favor the classification of in­ This decision and notice of opportunity cluded, therefore, that the definition of ventory variations as Class I milk to to file written exceptions thereto was base milk should be revised to provide simplify the accounting procedure and published in the F ederal R eg ister on for computation of base quantities on to provide for the reclassification, on a April 8, 1953 (18 F. R. 1942). No excep­ the basis of the number of days in the current basis, of milk from inventory tions were filed within the period reserved delivery period. which is used in another class. Any therefor. 2. The order should be amended to such reclassification would be made Preliminary statement. The hearing provide for monthly reports to be fur­ through the regular monthly classifica­ on the record of which the proposed nished by the Market Administrator to tion procedure. Most of the milk which amendments, hereinafter set forth, to a, cooperative association showing for the tentative marketing agreement and each handler the percentage classifica­ will be carried in inventory will be dis­ to the order, as amended, were formu­ tion in each class of milk received from posed of as Class I milk. Thus, the lated, was conducted at Knoxville, Ten­ association members. amount of milk that might be subject nessee on February 16-17,1953, pursuant The Knoxville Producers’ Association to reclassification will be at a minimum. to notice thereof which was issued exercises authority over the movement Over a period of time, the proposed February 11, 1953 (18 F. R. 846). A de­ and sale of a substantial portion of the change will have very minor, if any, cision with respect to proposed amend- total receipts of milk from producers. effect on the returns to producers. Wednesday, A p ril 29, 1953 FEDERAL REGISTER 2507 ♦ The question as to whether frozen keting Area,” and “Order Amending the (1) The said order, as amended, and cream should be included in inventory Order, as amended, Regulating the Han­ as hereby further amended, and all of or be considered a Class n product, was dling of Milk in the Knoxville, Ten­ the terms and conditions thereof, will discussed on the record. At least one nessee, Marketing Area,” which have tend to effectuate the declared policy of handler frequently stores frozen cream been decided upon as the detailed and the act; for later use in ice cream. Because ice appropriate means of effectuating the (2) The parity prices of milk as de­ cream is a Class n use and is the princi­ foregoing conclusions. These documents termined pursuant to section 2 of the pal, if not the only use made of such shall not become effective unless and act are not reasonable in view of the cream, it is reasonable that skim milk until the requirements § 900.14 of the price of feeds, available supplies of feeds, and butterfat contained in frozen cream rules of practice and procedure, as and other economic conditions which should be classified as a Class II prod­ amended, governing proceedings to affect market supply of and demand for uct. Any quantity of such cream which formulate marketing agreements and milk in the marketing area and the min­ later may be devoted to a Class I use, orders have been met. imum prices specified in the order, as would be subject to reclassification under I t is hereby ordered, That all of this amended, and as hereby further the order provisions. decision, except the attached marketing amended, are such prices as will reflect It is concluded, therefore, that the agreement, be published in the F ederal the aforesaid factors, insure a sufficient definitions of the classes of milk should R e g ister . quantity of pure and wholesome milk, be amended to designate inventory var­ The regulatory provisions of said and be in the public interest; and iations as Class I milk and to include marketing agreement are identical with (3 ) The said order, as amended, and frozen cream as a Class n milk product. those contained in the order, as as hereby further amended, regulates General findings, (a) The tentative amended, and as hereby proposed to be the handling of milk in the same man­ marketing agreement and the order as further amended by the order, set forth ner as, and is applicable only to persons amended, and as hereby proposed to be below which will be published with this in the respective classes of industrial and further amended, and all of the terms decision. commercial activity, specified in a mar­ and conditions thereof, will tend to effec­ keting agreement upon which a hearing This decision filed at Washington, has been held. tuate the declared policy of the act; D. C., this 24th day of April 1953. (b) The parity prices of milk as de­ Order relative to handling. It is there­ termined pursuant to section 2 of the act [ s e a l] E. T. B e n s o n , fore ordered that on and after the effec­ are not reasonable in view of the price Secretary of Agriculture. tive date hereof the handling of milk in of feeds, available supplies of feeds, and Order1 Amending the Order, as Amend­ the Knoxville, Tennessee, marketing other economic conditions which affect ed, Regulating the Handling of Milk area shall be in conformity to and in market supply of and demand for milk in the Knoxville, Tennessee, Market­ compliance with the terms and condi­ in the marketing area, and the mini­ ing Area tions of the aforesaid order, as amended, mum prices specified in the tentative § 988.0 Findings and determinations. and as hereby further amended, as marketing agreement and in the order, follows: as amended, and as hereby proposed to The findings and determinations herein­ after set forth are supplementary and 1. In § 988.15 delete “ such producer be further amended, are such prices as delivered milk to such handler”, and the in addition to the findings and deter­ will reflect the aforesaid factors, insure proviso following thereafter. a sufficient quantity of pure and whole­ minations previously made in connec­ tion with the issuance of the aforesaid 2. Add a new section to read as fol­ some milk and be in the public interest; lows: and order and all of said previous findings (c) The tentative marketing agree­ and determinations are hereby ratified § 988.34 Reports to cooperative asso­ ment and the order, as amended, and as and affirmed, except insofar as such ciations. On or before the 15th day after hereby proposed to be further amended, findings and determinations may be in the end of each month, the market ad­ will regulate the handling of milk in the conflict with findings and determina­ ministrator shall report to each coopera­ same manner as, and will be applicable tions set forth herein. tive association as described in § 988.88 only to persons in the respective classes (a) Findings upon the basis of the (b) , upon request by such association, of industrial and commercial activity, hearing record. Pursuant to the provi­ the percentage of milk caused to be de­ specified in a marketing agreement upon sions of the Agricultural Marketing livered by such association or by its which a hearing has been held. Agreement Act of 1937, as amended (7 members which was used in each class Determination of representative pe­ U. S. C. 601 et seq.), and the applicable by each handler receiving any such milk. riod. The month of March 1953, is rules of practice and procedure, as For the purpose of this report the milk so hereby determined to be the representa­ amended, governing the formulation of received shall be prorated to each class tive period for the purpose of ascertain­ marketing agreements and marketing in the proportion that the total receipts ing whether the issuance of an order orders (7 CFR Part 900), a public hear­ of milk from producers by such handlers amending the order as amended, regu­ ing was held upon certain proposed were used in each class. lating the handling of milk in the Knox­ amendments to the tentative marketing 3. In § 988.41 (a) delete “ice* cream ville, Tennessee, marketing area in the agreement and to the order, as amended, mix and (2 )” and substitute therefore regulating the handling of milk in the manner set forth in the attached “ frozen cream and ice cream mix; (2) amending order, as amended, is ap­ Knoxville, Tennessee, marketing area. in inventory variation; and, (3 )”. Upon the basis of the evidence intro­ proved or favored by producers who 4. In § 988.41 (b) delete “ (2) in inven­ during such period were engaged in the duced at such hearing and the record thereof, it is found that: tory variation” and renumber “ (3 )” , production of milk for sale in the mar­ “(4)” and “(5)” as “(2)”, “(3)” and keting area specified in such order. ( “ (4 )”, respectively. Marketing agreement and order. An­ 1 This order shall not become effective un­ nexed hereto and made a part hereof less and until the requirements of § 900.14 5. In § 988.45 (a) Cl) delete “ (4 )” and of the rules of practice and procedure, as substitute therefore “ (3) are two documents entitled “Marketing amended, governing proceedings, to formu­ Agreement Regulating the Handling of late marketing agreements and orders have [P. R. Doc. 53-3774; Piled, Apr. 28, 1953; Milk in the Knoxville, Tennessee, Mar- been met. 8:55 a. in.] 2508 FEDERAL REGISTER NOTICES

[Docket No. ID-11961 Block No. 2: FEDERAL POWER COMMISSION Lot 7, 3,750 square feet------$10.00 P a u l J. C o n n e r y Lot 8, 3,750 square feet______10.00 [Docket No. E-6483] Block No. 4: NOTICE OF ORDER AUTHORIZING APPLICANT P ennsylvania P o w e r & L ig h t C o . Lot 5, 7,000 square feet______15.00 TO HOLD CERTAIN POSITIONS Lot 6, 7,000 square feet-,.______15.00 NOTICE OP ORDER AUTHORIZING AND AP­ A p r il 23, 1953. Lot 7, 7,000 square feet______15.00 PROVING ACQUISITION OP SECURITIES Lot 9, 7,000 square feet------15.00 Notice is hereby given that on April Lot 10, 7,000 square feet______,____ 15.00 A p r il 23, 1953. 22, 1953, the Federal Power Commission Lot 11, 7,000 square feet______15.00 Notice is hereby given that on April issued its order entered April 21, 1953, Block No. 5: 22, 1953, the Federal Power Commission authorizing applicant to hold certain Lot 3, 7,000 square feet______15. 00 issued its order entered April 21r 1953, positions pursuant to section 305 (b) of Lot 4, 7,000 square feet— ------15.00 the Federal Power Act in the above- Lot 5, 8,400 square feet______15.00 authorizing and approving acquisition of Lot 6, 8,400 square feet__ __------15.00 securities in the above-entitled matter. entitled matter. Lot 7, 8,400 square feet______15.00 Lot 8, 8,400 square feet______15.00 [ s e a l ] L e o n M . F u q u a y , [ se al] L e o n M . F u q u a y , Secretary. Lot 9, 8,400 square feet______15.00 Secretary. Lot 10; 8,400 square feet______15,00 [F. R. Doc. 53-3738; Filed, Apr. 28, 1953; [F. R. Doc. 53-3741; Filed, April 28, 1953; Lot 11, 7,000 square feet______— 15.00 8:47 a. m.] 8:47 a. m.] Lot 13, 7,000 square feet______15.00 Block No. 6: Lot 1, 12,312 square feet------— 20.00 DEPARTMENT OF THE INTERIOR Lot 2, 12,312 square feet______20.00 Lot 3, 12,312 square feet______20.00 [Docket Nos. G-1732, G-2028] Bureau of Land M anagem ent Lot 4, 12,312 square feet______20.00 M anufacturers L ig h t a n d H eat C o . and Block No. 7: lask a Lot 1, 12,960 square feet______50.00 C u m b e r l a n d an d A l l e g h e n y G as C o . A Lot 2, 16,200 square feet______50.00 n o t ic e o p order m o d if y in g order is s u in g TALKEETNA TOWNSITE; NOTICE OF SALE Lot 3, 16,200 square feet— ______50.00 CERTIFICATES OF PUBLIC CONVENIENCE Notice is hereby given that there will Block No. 8: AND NECESSITY be offered at public sale to the highest Lot 1, 7,000 square feet__ 50.00 Lot 2, 7,000 square feet______50.00 A p r il 23, 1953. bidder at 2:00 p. m. on April 29, 1953, in Lot 3, 7,000 square feet__ 50. 00 In the matters of the Manufacturers the Fairview Inn, Talkeetna, Alaska, the Lot 4, 7,000 square feet-- 50. 00 Light and Heat Company, Docket No. lots listed at the end of this notice. Lot 5, 7,000 square feet______50.00 G-1732; the Manufacturers Light and These lots will not be sold for less than Lot 6, 7,000 square feet______;------50.00 Heat Company and Cumberland and the appraised price. No bid exceeding Lot 7, 7,000 square feet______— 50.00 Allegheny Gas Company, Docket No. G - that amount will be accepted unless Lot 9, 7,000 square feet______50.00 made in multiples of $5. Bids may be Lot 10, 7,000 square feet______50.00 2028. Lot 11, 7,000 square feet____ — - 50.00 Notice is hereby given that on April offered by all who may care to do so, Lot 12, 7,000 square feet______50.00 22, 1953, the Federal Power Commission and when there will be no further offers, Lot 13, 7,000 square feet______- 50.00 issued its order entered April 21, 1953, the lots will be declared sold to the last Lot 14, 7,000 square feet______50.00 modifying order (17 F. R. 11130) issuing and highest bidder. Block No. 17: certificates of public convenience and Full payment may be made in cash, Lot 1, 12,960 square feet______40.00 necessity in the above-entitled matters. postal money order, or bank draft at the Block No. 18: date of sale. On bids in excess of $106, Lot 1, 7,000 square feet______25. 00 Lot 2, 7,000 square feet______25.00 [ s e a l ] L e o n M. F u q u a y , a minimum of $100 will be required at Secretary. Lot 12, 7,000 square feet--______25.00 time of sale. The balance must be paid Lot 13, 7,000 square feet______25.00 [F. R. Doc. 53-3739; Filed, Apr. 28, 1953; to the Manager, Anchorage Land Office, Lot 14, 7,000 square feet______25.00 8:47 a. m.] within one year from date of sale. A Block No. 25: charge of 4 percent will be made on the Lot 1, 15,467 square feet______50.00 deferred balance. I f any person who Lot 2, 15,467 square feet______50.00 has made partial payment for a lot fails Block No. 26: [Docket Nos. G—1813, G-1937, G-2023] Lot 1, 31,000 square feet______250.00 to make the succeeding payment, thé Lot 2, 31,000 square feet______200.00 I n d ia n a G as & W ater Co., I n c ., and money theretofore paid and his rights to Lot 5, 16,002 square feet______200.00 P a n h a n d l e E a ste r n P ip e L i n e Co. the lot will be forfeited. Lot 7, 31,000 square feet______200.00 The officer conducting the sale is au­ Lot 8, 31,000 square feet______200.00 NOTICE OF ORDER MODIFYING AND AFFIRMING thorized to reject any and all bids, to Lot 9, 31,000 square feet______250.00 AS MODIFIED INITIAL DECISION AND DENY­ suspend, adjourn or postpone the sale of Block No. 27: ING MOTION FOR ORAL ARGUMENT the lots, and to reappraise the lots at the Lot 1, 32,550 square feet______150.00 Lot 2, 32,550 square feet______150.00 A p r il 23,1953. time of sale or after the sale has been adjourned or closed. I f the lots remain Lot 3, 32,550 square feet______250.00 In the matters of Indiana Gas & Water Lot 4, 32,550 square feet______250. 00 unsold, they may, at the discretion of the Lot 5, 32,550 square feet______150.00 Company, Inc., Docket No. G-1813; Pan­ Superintendent of Sales, be sold at pri­ handle Eastern Pipe Line Company, Lot 6, 32,550 square feet______150.00 vate entry for the appraised price. Lots, Block No. 28: Docket No. G-1937; Indiana Gas & Water the rights to which have been declared Lot 1, 44,100 square feet______200.00 Company, Inc., v. Panhandle Eastern forfeited for nonpayment of the succeed­ Lot 2, 44,100 square feet______200.00 Pipe Line Company, Docket No. G-2023. ing installment, or for any other reason, Lot 3, 44,100 square feet______300.00 Notice is hereby given that on April 22, Block No. 29: shall be subject to private entry upon 1953, the Federal Power Commission is­ Lot 1, 42,000 square feet-______— . 300.00 reappraisement at the sale price. Pat­ Lot 2, 42,000 square feet______250.00 sued its order entered April 16, 1953, ents for these lots, when issued, will modifying and affirming as modified Lot 3, 21,460 square feet______200.00 contain a reservation of fissionable mate­ Block No. 30: \ initial decision of Presiding Examiner rials. All persons are warned against 1.66 acres______350.00 and denying motion for oral argument in violation of the provisions of 18 U. S. C. L o w e l l M . P u c k e t t , the above-entitled matters. 1860, prohibiting unlawful combinations Regional Administrator and [ s e a l ] L e o n M . F u q u a y , or intimidation of bidders. Superintendent of Sales, Secretary. Following are the lots being offered for Alaska Railroad Townsites. [F. R. Doc. 53-3740; Filed, Apr. 28, 1953; sale, the area èmbraced by each and the [F. R. Doc. 53-3736; Filed, Apr. 28, 1953; 8:47 a. m.] minimum acceptable bids for tjiese lots; 8:46 a.' m.] Wednesday, A p ril 29, 1953 FEDERAL REGISTER 2509

C a l if o r n ia 4. A veteran shall accompany his ap­ C a l if o r n ia CLASSIFICATION ORDER plication with a complete phostatic, or other copy (both Sides), of his certificate SMALL TRACT CLASSIFICATION ORDER NO. 74 ; A p r il 17,1953. of honorable discharge, or of an official AMENDED 1. Pursuant to the authority delegated document of his branch of the service A p r il 20, 1953. to me by the Regional Administrator, which shows clearly his honorable dis­ Pursuant to the authority delegated to Region II, Bureau of Land Management, charge as defined in § 181.36 of Title 43 me by the Regional Administrator, by Order No. 1, Amendment No. 2, dated of the Code of Federal Regulations, or Region II, Bureau of Land Management, January 29, 1953 (18 P. R. 23), I hereby constitutes evidence of other facts upon by Order No. 1, Amendment No. 2, dated classify under the Small Tract Act of which the claim for preference is based January 29,1953 (18 F. R. 23), California June 1, 1938 (52 Stat. 609), as amended and which shows clearly the period of Small Tract Classification Order No. 74 July 14, 1945 (59 Stat. 467, 43 U. S. C. service. Other persons claiming credit dated August 27,1948, is hereby amended 682a), as hereinafter indicated, the fol­ for service of veterans must furnish like in part to authorize sales to lessees at lowing described lands in the Los Angeles proof in support of their claims. Per­ $15.00 per acre of the following-described land district, embracing approximately. sons asserting preference rights, through lands for homesite purposes only: 200 acres. settlement or otherwise, and those hav­ ing equitable claims, shall accompany T. 3 S., R. 5 E„ S. B. M., California Small T ract Classification Sec. 28, Ey2Ei/2, W ^ S E ^ ; No. 367 their application by duly corroborated Sec. 32, SW14NES4, Wi/2SWi/4, S E ^ S W ^ ; statements in support thereof, setting For lease and sale for homesites only. Sec. 34, Wy2NW % , SW>/4, w y 2S E ^ , SE& forth in detail all facts relevant to their SE%. T. 5 N., R. 1 W., S. B. M., claims. E. I. R o w l a n d , Sec. 29, Ei/2NEi/4, S M -S W ^ N E ^ . W M -NW ^ 5. All of the lands will be leased in Regional Chief, swi4, wy2SEi4. tracts of approximately 660 feet by 330 Division of Lands. feet, containing approximately 5 acres, The lands are located in the western [F. R. Doc. 53-3735; Filed, Apr. 28, 1953; part of Lucerne Valley, San Bernardino the longer dimension * extending east 8:46 a. m.] County, California, at an average eleva­ and west, which form aliquot parts of tion of 2,900 feet. Topography is rolling the existing official survey. and vegetation is a typical desert shrub 6. Preference right leases referred to DEPARTMENT OF COMMERCE association. Water for domestic pur­ in paragraph 2 will be issued for the poses can probably be obtained from lands described in the application irre­ National Production Authority wells on most tracts ranging from 50 to spective of the direction of the tract, [Suspension Order 59; Docket No.. 50] provided the tract conforms to or is 200 feet in depth. B & T M e tals C o . 2. As to applications regularly filed made to conform to the area and the prior to 9:00 a. m „ April 13, 1953, and dimension specified in paragraph 5. modification a n d termination 7. Where only one 5-acre tract in a are for the type of site for which the The Acting General Counsel of the Na­ 10-acre subdivision is embraced in a lands are classified, this order shall be­ tional Production Authority having filed come effective upon the date it is signed. preference right application, an appli­ a motion for modification herein and cation for the remaining 5-acre tract 3. This order shall not otherwise be­ having represented to the Acting Chief come effective to change the status of extending in the same direction will be Hearing Commissioner that full recoup­ such lands until 10:00 a. m. on the 35th accepted in order to fill out the subdivi­ ment of the amount of aluminum used sion notwithstanding the direction speci­ day after the date of this order. At that by respondents in violation of the orders time the said lands shall, subject to valid fied in paragraph 5. . and regulations of the National Produc­ existing rights and the provisions of 8. Leases will be for a period of three tion Authority has been had, as shown existing withdrawals, become subject to years at an annual rental of $5 payable by Suspension Order 59 issued on April applications under the Small Tract Act for the entire lease period in advance of 10, 1953, and that by reason thereof said as follows: r : the issuance of the lease. Leases will Suspension Order 59 should be modified, (a) Ninety-one day period for prefer­ contain an option to purchase clause at cancelled, and terminated on and as of ence-right filings. For a period of 91 the appraised value of $125 per tract. this 14th day of April 1953. days, commencing at the hour and on Application to purchase may be filed dur­ I t is accordingly ordered, That said the day specified above, the public lands ing the term of the lease but not more Suspension Order 59 be, and the same is, affected by this order shall be subject than 30 days prior to the expiration of hereby modified, cancelled, and termi­ only to application under the Small Tract one year from the date of the lease nated as of this 14th day of April 1953. Act of June 1, 1938, 52 Stat. 609 (43 issuance. I t is further hereby ordered, That said U. S. C. 682a), as amended, by qualified 9. Tracts will be subject to all existing respondents shall be allotted and shall veterans of World War II, subject to the rights-of-way and to rights-of-way 33 be permitted to order and receive all requirements of applicable law. All ap­ feet in width along or as near as prac­ aluminum to which they are as of this plications filed under this paragraph ticable to the boundaries thereof for road date entitled as the residue of various either at or before 10:00 a. m. on the purposes and public utilities. Such allotments for the second quarter of 35th day after the date of this order shall rights-of-way may be utilized by the Fed­ 1953 heretofore withdrawn and with­ be treated as though filed simultaneously eral Government, or the State, County held fr<5m them by virtue of said suspen­ at that time. All applications filed under or municipality in which the tract is sit­ sion order, and said respondents shall be this paragraph after 10:00 a. m. on the uated, or by any agency thereof. The rights-of-way may, in the discretion of entitled to order and receive all alumi­ said 35th day shall be considered in the num which they are entitled to receive order of filing. the authorized officer of the Bureau of Land Management, be definitely located under the various orders and regulations (b) Date for non-preference-right fil­ of the National Production Authority ings. Commencing at 10:00 a. m. on the prior to the issuance of the patent. If 126th day after the date of this order, not so located, they may be subject to less the amounts heretofore referred to any lands remaining unappropriated location after patent is issued. as having been returned under NPA shall become subject to disposal under 10. All inquiries relating to these Form 12. the Small Tract Act only. All such ap­ lands should be addressed to the Man­ Dated and issued at Washington, D. C., plications filed either at or before 10:00 ager, Land Office, Los Angeles, Cali­ April 14, 1953. a. m. on the 126th day after the date of fornia. N a t io n a l P r o d u c t io n order, shall be treated as though E. I. R o w l a n d , A u t h o r it y , hied simultaneously at the hour specified Regional Chief, B y M o rris R . B e v in g t o n , on such 126th day. All applications filed Division of Lands. Acting Chief Hearing Commissioner. thereafter shall be considered in the [F. R. Doe. 53-3734; Filed, Apr. 28, 1953; [F. R. Doc. 53-3827; Filed, Apr. 28, 1953; order of filing. 8:46 a. m.] 11:43 a. m.] 2510 NOTICES SECURITIES AND EXCHANGE amount equivalent to unpaid dividends' CIVIL AERONAUTICS BOARD on the Preferred Stock, deposited to the [Docket No. 5055 et al.] COMMISSION date of exchange, less the amount of in­ [File Nos. 54-186, 59-93, 70-1804]' terest accrued on the Debentures from R e o p e n e d W ig g in s R e n e w a l June 1,1953, to said date. The price and I nvestigation C ase A r k a n sa s N atu r a l G as C o r p. and C it ie s interest rate of the Debentures-will be S er vice C o . determined only after and as a result of NOTICE OF POSTPONEMENT OF ORAL competitive bidding. ARGUMENT NOTICE OF FILING OF SUPPLEMENTAL APPLI­ CATION REGARDING THE OFFER OF DEBEN­ Subject to satisfactory market condi­ In the matters raised in the petitions TURES IN EXCHANGE FOR OUTSTANDING tions, Arkfuel proposes to issue and sell for reconsideration filed herein by W ig­ PREFERRED STOCK, THE SALE AT COMPETI­ at competitive bidding, pursuant to Rule gins, the City of Rutland, Vt., the Ver­ TIVE BIDDING OF DEBENTURES NOT EX­ U-50, $23,000,000 principal amount of its mont Aeronautics Commission, the State CHANGED AND APPROVAL OF TAX AGREEMENT Sinking Fund Debentures due 1973 less of New Hampshire, the Town of Nor­ such Debentures as may be required for A p r il 23, 1953. wood, Mass., the State of Rhode Island, , exchanges with holders of such Preferred and the Greater Boston Chamber of Tn the matter of Arkansas Natural Gas Stock. The interest rate of the Deben­ Commerce, including particularly the al­ Corporation, Cities Service Company, tures and the redemption prices thereof ternative route pattern proposed in the File No. 54-186; Arkansas Natural Gas will be determined pursuant to competi­ petition of Wiggins. Corporation and its subsidiaries and. tive bidding. The Debentures are to be Notice is hereby given pursuant to the Cities Service Company, respondents, issued under and secured by an inden­ provisions of the Civil Aeronautics Act File Nos. 59-93, 70-1804? ture, to be dated as of June 1, 1953, to of 1938, as amended, that pral argument The Commission, by order dated Oc­ The Hanover Bank, as Trustee. in the above-entitled proceeding now as­ tober 1, 1952, having approved v an The net proceeds (exclusive of accrued signed to be held on May 12, 1953, is Amended Plan filed by Arkansas Natural interest but after deduction of expenses) hereby postponed to May 19, 1953, at Gas Corporation (“Arknat”), a regis­ from the sale of the Debentures offered 10:00 a. m. (local time) in Room 5042, tered holding company and a subsidiary at competitive bidding, together with Commerce Building, Constitution Ave­ of Cities Service Company (“Cities” ), Debentures issued in exchange for such nue, between Fourteenth and Fifteenth also a registered holding company, pur­ Preferred Stock, will be used in connec- Streets NW., Washington, D. C., before suant to section 11 (e) of the Public . tion with the retirement of the Preferred the Board. Utility Holding Company Act of 1935 Stock. ( “ act” ) which Plan was ordered enforced Arkfuel proposes to give notice to the Dated at Washington, D. C., April 24, by the United States District Court for Preferred Stockholders of the exchange 1953. the District of Delaware by order dated offer on or about May 5, 1953, and re­ January 29, 1953 ; quests that the order of the Commission [ s e a l ] F r a n c is W . B r o w n , Chief Examiner. The Commission, by said order dated (insofar as it relates to the release of October 1,1952, having reserved jurisdic­ jurisdiction of the terms and conditions [F. R. Doc. 53-3758; Filed, Apr. 28, 1953; tion with respect to the terms and con­ under which the proposed Debentures 8:52 a. m.] ditions under which debentures of Ar­ are to be issued) be issued prior to that kansas Fuel Oil Corporation (“Arkfuel” ) , date. The Commission is requested to the successor in merger of Arknat and its shorten to not less than six (6) days the HOUSING AND HOME FINANCE non-utility subsidiary, Arkansas Fuel Oil period for inviting bids provided for by AGENCY Company, are to be issued and sold and Rule U-50 (b ). with respect to the taking of such further Shares of the Common Stock of Arkla Federal Housing Administration action as may be appropriate in connec­ have been distributed to former holders tion with the consummation of said of the Common Stock and Class A Com­ A c t in g C ommissioner an d D e p u t y Plan; mon Stock of Arknat who have sur­ C ommissioner Arknat, Arkfuel and Arkansas Louis­ rendered their certificates, and Arkla on iana Gas Company (“Arkla” ), a gas DELEGATION OF AUTHORITY AND ASSIGNMENT April 17, 1953, ceased to be eligible for OF DUTIES utility subsidiary of Arknat, having filed inclusion in the consolidated Federal Supplemental Application No. 2 propos­ income tax returns of Arknat or Ark­ Section 12, Designation of Acting Com­ ing the following transactions: fuel and its subsidiaries. Accordingly, missioner, is amended by renumbering Pursuant to the provisibns of the on said date, subject to the approval of the present designations of authority to Amended Plan (“Plan” ) of Arknat, Ark­ the Commission, Arkfuel and Arkla en­ act as “Acting Commisioner” , numbered fuel proposes to retire the Preferred tered into a Tax Agreement. Said Tax ‘T, 2, 3, 4, 5, 6, 7” to read “2, 3, 4, 5, 6, 7, 8” Stock of Arknat by the payment to the Agreement provides in substance for the respectively, and inserting the following holders thereof, against the surrender of indemnification of Arkla by Arkfuel designation, numbered “ 1” : their certificates, of $10.60 per share, to­ against any liability for Federal Income 1. Walter L. Greene, Deputy Commissioner. gether with an amount equivalent to un­ or Excess Profits taxes in respect of any paid dividends to the date for payment, consolidated Federal Income or Excess Section 13, Specific delegations to and to provide an opportunity to holders Profits Tax returns filed or to be fil&d named positions, is amended by redes­ of such Preferred Stock (other than by Arknat or Arkfuel for any periods to ignating the present, subsections “ (A)” Cities) to exchange their holdings for 20- and including April 17, 1953, and for the through “(N)” to read “(B)” through year Sinking Fund Debentures (“De­ assignment by Arkla ^to Arkfuel of all of “(O)” respectively, and_inserting a new bentures” ) of Arkfuel with such cash ad­ its rights to refunds or credits for Fed­ subsection “(A)” as follows: justments as may be appropriate. The eral Income or Excess Profits taxes in (A ) To the position of Deputy Com­ holders of Preferred Stock electing to respect of such periods. In connection missioner: exchange their shares for Debentures with such indemnification of Arkla by 1. To assist the Commissioner in the will be entitled to an amount of Deben­ Arkfuel, Arkla has agreed to pay Ark­ general administration of the Adminis­ tures of authorized denominations fuel the sum of $1,155,102.54, being the amount of reserves accrued on Arkla s tration, and to be responsible to the Com­ which, at the initial public offering price (or the highest accepted bid price, if no books as of March 31, 1953, for Federal misioner for the general supervision and public offering is contemplated) of the Income and Excess Profits Taxes in re­ coordination of all operations. Debentures sold at competitive bidding, spect of all consolidated return years to ( 2. To approve organizational changes. will be equal to $10.60 for each share of and including 1952; and, in addition, ' G u y T. O. H o l l y d a y , such Preferred Stock surrendered for exr Arkla* has agreed to pay to Arkfuel the Federal Housing Commissioner. change. Such holders also will be paid sum of $1,056,176, being the amount oi in cash the amount by which the value reserves accrued on Arkla’s books for A p r il 21, 1953. of their shares at $10.60 each may Federal Income and Excess Profits Taxes [F. R. Doc. 53-3737; Filed, Apr. 28, 1953; exceed the price of the Debentures to be for the period from January 1, 1953, m 8:47 a. m.] issued in exchange therefor Plus an April 17, 1953. These sums are to be Wednesday, A p ril 29, 1953 FEDERAL REGISTER 2511

paid by Arkla in certain installments on qualification or exemption of bonds indenture dated November 1, 1943, as various dates, the first such installment under Blue Sky Laws, $500; and it being modified by indentures supplemental t® be paid on June 15, 1953 and the last stated that the amount of fees set forth thereto, and by a proposed supplemental on December 15, 1954. above for E. H. Maxcy and N. W. Wilson indenture to be dated May 1, 1953. Notice is hereby given that any inter­ represent an allocation of services on a The application-declaration states ested person may, not later than May 4, time basis and do not increase the that Central Power will use the proceeds 1953, at 5:30 p. m., e. s. t. (or e. d. t. if amounts of their annual retainer fees to be received from the sale of the bonds then effective in the District of Co­ from New England Public Service Com­ and stock to pay, in part, for its con­ lumbia), request the Commission in pany and system companies; and struction program which, for the years writing that a hearing be held on such It also appearing that the fees and 1953-54, is estimated by the company to matters, stating the nature of his inter­ estimated expenses of Choate, Hall & aggregate an expenditure of approxi­ est, the reasons for such request and "the Stewart, counsel for the underwriters, mately $43,500,000. issues, if any, of fact or law raised by which are to be paid by said under­ Said application-declaration having said application proposed to be contro­ writers, amount to $5,250; and been filed March 20, 1953, and the last verted, or may request that he be noti­ The Commission having examined the amendment having been filed April 20, fied if the Commission should order a information furnished with respect to 1953, notice of said filing having been hearing thereon. Any such request the fees and expenses, and finding that given in the form and manner provided should be addressed: Secretary, Securi­ the services rendered by Choate, Hall & in Rule U-23 promulgated under the act, ties and Exchange Commission, 425 Stewart for Central Maine in connection the Commission not having received a Second Street NW., Washington 25, D. C. with the Blue Sky Laws were performed request for or ordered a hearing within At any time after May 4, 1953, said ap­ prior to the Commission’s announced the time specified in said notice, or other­ plication, as filed or as amended, may be objections to the practice of dual em­ wise; and granted or the Commission may exempt ployment in the case of underwriters’ Applicants-d e c 1 a r a n t s having re­ such transaction as provided in Rules counsel (see Brockton Edison Company, quested the Commission to issue at this U-20 (a) and U-100 of the rules and Holding Company Act Release No. 11832, time its order in respect of Central regulations promulgated under the act April 8, 1953); and also finding that all Power’s proposed amendment to increase or the Commission may take such other of the legal fees and estimated expenses the authorized number of shares of its action as may appear appropriate. proposed to be paid herein are not un­ common stock, and the proposed issuance It is ordered, That copies of this notice reasonable : and sale of its common stock to, and the be sent by registered mail to Arknat, / I t is ordered, That the jurisdiction proposed acquisition thereof by, Central, Arkla, Arkfuel, Cities, to the Federal heretofore reserved over the payment of and to reserve jurisdiction in respect of Power Commission and to all parties to legal fees and expenses incurred or to be the issuance and sale of Central. Power’s this proceeding, that notice shall be given incurred in connection with the trans­ bonds at competitive bidding until the to all other persons by general release actions be, and the same hereby is, re­ record in respect thereof is completed; of this Commission which shall be dis­ leased. and tributed to the press and mailed to the By the Commission. The Commission finding with respect persons on the mailing list for releases to the proposed increase in the author­ under the act, and that further notice [ s e a l ] O rval L. D u B o is , .. ized number of shares of Central Power’s shall be given to all other persons by pub­ Secretary. common stock and the issue and sale of F ederal lication of this notice in the [P. R. Doc. 53-3743; Piled, Apr. 28, 1953; 300,000 shares of Central Power’s com­ Register. 8:48 a. m.] mon stock to, and the acquisition thereof By the Commission. by, Central, that the applicable pro­ visions of the act and the rules and regu­ [ seal] O rval L . D u B o is , [File No. 70-3023] lations thereunder have been satisfied, Secretary. observing no basis for adverse findings, C e n t r a l and S o u t h W est C o r p. an d [P. R. Doc. 53-3746; Piled, Apr. 28, 1953; and deeming it appropriate in the public C e n t r a l P o w e r a n d L ig h t C o . 8:49 a. m.] interest and in the interest of investors ORDER AUTHORIZING ISSUANCE AND SALE OP and consumers to grant and permit to COMMON STOCK BY SUBSIDIARY TO ITS become effective said application-decla­ [Pile No. 70-2994] PARENT COMPANY AND RESERVING JURIS­ ration, as amended, without the imposi­ DICTION OVER PROPOSED ISSUANCE AND tion of conditions other than those set C en tr a l M a in e P o w e r C o . SALE OP BONDS AT COMPETITIVE BIDDING forth herein: SUPPLEMENTAL ORDER RELEASING JURISDIC­ I t is ordered, Pursuant to Rule U-23 A p r il TION OVER LEGAL PEES AND EXPENSES 22, 1953. and the applicable provisions of the act, Central and South West Corporation subject to the terms and conditions spec­ A p r il 23, 1953. (“Central” ), a registered holding com­ ified in Rule U-24, that said application- The Commission, by orders dated pany, and its public utility subsidiary, declaration, as amended, with respect to March 2,1953, and March 11, 1953, hav­ Central Power and Light Company the increase in authorized shares of com­ ing granted the application, as amended, (“Central Power” ), having filed a joint mon stock ($10 par value per share) of of Central Maine Power Company (“Cen­ application-declaration, and an amend­ Central Power from 2,097,300 shares to tral Maine” ), a public utility subsidiary ment thereto, pursuant to the Public 2,397,300 shares, and the issuance and of New England Public Service Company, Utility Holding Company Act of 1935 sale of 300,000 shares of its common a registered holding company, regarding (“act”), regarding the following pro­ stock by Central Power to, and the acqui­ the issuance and sale, at competitive posed transactions, more fully de­ sition thereof by, Central, be, and hereby bidding, of $10,000,000 principal amount scribed in the application-declaration as * is, granted and permitted to become of First and General Mortgage Bonds, amended: effective forthwith: Series U, .3% percent, due 1983; and the Central Power proposes, by amend­ It is further,ordered, That jurisdiction Commission having in said orders re­ ment to its charter, to increase the total be, and hereby is, reserved over the pro­ served jurisdiction over the payment of number of authorized shares of its com­ posed issuance and sale by Central Power legal fees and expenses incurred or to be mon stock ($10 par value per share) of $8,000,000 principal amount of First incurred in connection with the said from 2,097,300 shares to 2,397,300 shares, Mortgage Bonds, Series E, due May 1, transactions; and and to issue and sell, and Central pro­ 1983, and with respect to the payment of The record having been ¿ompleted poses to acquire, 300,000 shares of Cen­ all fees and expenses incurred, and to be with respect to the. legal fees and ex­ tral Power’s common stock for the sum incurred, in connection with the pro­ penses, and it appearing that such fees of $3,000,000 in cash. posed transactions. end estimated expenses to be paid by Central Power further proposes to By the Commission. Central Maine aggregate $14,618.70 as issue and sell, pursuant to the competi­ follows: Ropes, Gray, Best, Coolidge & tive bidding requirements of Rule U-50, [ s e a l ] N e l l y e A. T h o r s e n , Rugg, $9,000; E. H. Maxcy, $2,725.25; $8,000,000 principal amount of its First Assistant Secretary. N- W. Wilson, $2,393.45; and Choate, Mortgage Bonds, Series E, due May 1, [F. R. Doc. 53-3742; Filed, Apr. 28, 1953; Hall & Stewart for services relative to the 1983. The bonds will be issued under an 8:48 a. m.] 2512 NOTICES

[File No. 70-3044] venience and necessity, and the avail­ quest should be addressed: Secretary, ability of steel pipe and other critical Securities and Exchange Commission! C onsolidated N atur al G as C o . materials. 425 Second Street NW., Washington 25, NOTICE OF FILING REGARDING ISSUANCE AND In connection with the system’s over­ D, C. At any time on or after May 8, SALE OF DEBENTURES all financing program for 1953, it should 1953, said application-declaration, as filed or as amended, may be granted and A pril 22, 1953. be noted that there is pending a joint application-declaration (File No. 70- permitted to become effective as pro­ Notice is hereby given that a déclara- •. 3030) by Consolidated and its subsidi­ vided in Rule U-23 of the rules and regu­ tion has been filed with this Commission, aries, Hope Natural Gas Company and lations promulgated under the act, or the pursuant to the Public Utility Holding New York State Natural Gas Corpora­ Commission may exempt such transac­ Company Act of 1935 (“act” ), by Con­ tion, for approval of a proposal by Con­ tions as provided in Rules U-20 (a) and solidated Natural Gas Company (“Con­ solidated to issue and sell to one or more U-100 thereof. solidated” ), a registered holding com­ banks one year 3 percent unsecured notes All interested persons are referred to pany, in respect of a proposal to issue in the aggregate amount of $10,000,000, the application-declaration on file in the and sell $40,000,000 principal amount of and to loan the proceeds of such loans to office of this Commission for a statement debentures. Declarant designates sec­ such subsidiaries who in turn propose to of the transactions therein proposed, tions 6 (a) and 7 of the act and Rule use such funds for the purchase of stor­ which are summarized as follows: U-50 promulgated thereunder as appli­ age gas to be held to meet demands Consolidated proposes to make loans cable to the proposed issuance and sale during the 1953-1954 winter. to its five subsidiaries in the following of securities. The filing indicates that no State com­ amounts: Notice is further given that any inter­ mission or other ■ regulatory authority East O h io ______$10,000,000 ested person may, not later than May has jurisdiction over the proposed trans­ Hope ______6,500,000 11,1953, at 5:30 p. m., e. s. t. (or e. d. t. if action. P e o p le s ______9, 500,000 then effective in the District of Colum­ Consolidated desires to invite bids for New York Natural______- 3, 500,000 bia) , request the Commission in writing the debentures on or about May 14,1953, River ______100,000 that a hearing be held on such matter, to open the bids on or about May 26,1953, stating the reasons for such request, and to sell the debentures on or about Total ______29, 600,000 the nature of his interest and the issues, June 1, 1953; and declarant requests the The respective sums are to be ad­ if any, of fact or law raised by said Commission to enter its orders herein vanced from time to time during the declaration which he desires to contro­ permitting said declaration to become twelve months ending June 30,1954, and vert, or he may request that he be noti­ effective in time to enable it to consum­ each sum advanced is to be evidenced by fied if the Commission orders a hearing mate the transactions on said dates. a non-negotiable note. The notes to be thereon. Any such request should be By the Commission. issued by East Ohio are to mature seri­ addressed : Secretary, Securities and ally in equal amounts of $500,000 on May Exchange Commission, 425 Second [SEAL] ORVAL L. DUBOIS, 31, 1958, and on each May 31 thereafter Street NW., Washington 25, D. C. At Secretary. to and including May 31, 1977. The any time after May 11, 1953, said [F. R. Doc. 53-3744; Filed, Apr. 28, 1953; notes to be issued by Hope are to mature declaration, as filed or as amended, may 8:48 a. m.j serially in the amounts of $250,000 on be permitted to become effective as pro­ May 31, 1958, and $250,000 on each May vided in Rule U-23 of the rules and 31 thereafter to and including May 31, regulations promulgated under the act, 1973, and $500,000 on May 31, 1974, and or the Commission may exempt such [File No. 70-3045] $500,000 on each May 31 thereafter to transactions as provided in Rules U-20 and including May 31, 1978. The notes (a) and U-100 thereof. C onsolidated N a t u r a l G as C o . et a l . to be issued by Peoples are to mature All interested persons are referred to NOTICE pF FILING REGARDING PROPOSED IS­ serially in the amounts of $250,000 on said declaration on file in the office of SUANCE AND SALE TO PARENT BY SUBSID­ May 31, 1958, and $250,000 on each May this Commission for a statement of the IARIES OF NOTES AND STOCK 31 thereafter to and including May 31, transactions proposed therein, which 1963, and $500,000 on May 31, 1964, and A p r il 22, 1953. are summarized as follows: $500,000 on each May 31 thereafter to Consolidated proposes to issue and sell Notice is hereby given that Consoli­ and including May 31, 1977, and $1,000,- pursuant to the competitive bidding re­ dated Natural Gas Company (“ Consoli­ 000 on May 31, 1978. The notes to be quirements of Rule U-50, $40,000,000 dated” ), a registered holding company, issued by New York Natural are to ma­ principal amount of debentures due 1978. and its subsidiaries, The East Ohio Gas ture serially in the amounts of $500,000 The debentures are to be issued under an Company (“East Ohio” ), Hope Natural on May 31, 1957, and $500,000 on each indenture to be dated June 1,1953. The Gas Company (“Hope” ), The Peoples May 31 thereafter to and including May price to be received by the company for, Natural Gas Company (“Peoples” ) , New 31, 1963. The notes to be issued by and the interest rate of, said debentures York State Natural Gas Company (“New River are to mature serially in the is to be determined by competitive bid­ York Natural” ), and The River Gas amounts of $5,000 on May 31, 1959, and ding. ' Company (“River”), have filed a joint $5,000 on each May 31 thereafter to and The proceeds from the sale of the de­ application-declaration with* this Com­ including May 31, 1963, and $15,000 on bentures will be added to the general mission, pursuant to the Public Utility May 31, 1964, and $15,000 on each May funds of Consolidated and, together with Holding Company Act of 1935 (“ act” ). 31 thereafter to and including May 31, other funds, will be used for the pur­ Applicants-declarants have designated 1968. The interest rate on all of the chase, from time to time, of securities of sections 6 (b), 9 (a), 10, 12 (b) and 12 notes will be predicated on and will be its operating subsidiaries. The fluids so (f) of the act and Rules U-43 and U-50 substantially equal to the effective cost procured by the subsidiary companies, (a) (1) and (3) promulgated thereun­ of money to be secured by Consolidated together with other corporate funds of der as applicable to the proposed trans­ as the result of the proposed issuance such subsidiaries, will be used for the actions. and sale by it, as competitive bidding, of construction of additional needed plant Notice is further given that any in­ $40,000,000 of debentures in respect of facilities and for other proper corporate terested person may, not later than May which there has been filed with this Com­ purposes. The estimated expenditures 7, 1953, at 5:30 p. m., e. s. t. (or e. d. t. mission an application-declaration (File of such subsidiaries for plant construc­ if then effective in the District of Co­ No. 70-3044). tion for the year 1953 amount in the lumbia), request the Commission in New York Natural proposes to. issue aggregate to $49,000,000, including $12,- writing that a hearing be held on such and sell to its parent, Consolidated, matters, stating the nature of his inter­ • 000,000 to cover certain gas transmission 100,000 additional shares of authorized lines and facilities. The completion of est, the reasons for such request, and the construction in 1953 depends upon the issues, if any, of fact or law raised by but unissued $100 par value common procurement of satisfactory contracts for said application-declaration which he stock for a cash consideration of additional natural gas supplies, the pro­ desires to controvert, or may request $10,000,000. curement of the requisite additional and that he be notified if the Commission The proceeds received by the respective supplemental certificates of public con­ orders'a hearing thereon. Any such re­ subsidiaries from the issuance and sale Wednesday, A p ril 29, 1953 FEDERAL REGISTER 2513 of the respective securities are to be used file in the office of this Commission for a ing stating its findings as to the facts, to pay the cost of constructing additional more detailed statement of the trans­ and caused to be served on the Respond­ needed facilities, and for other , appro­ action therein proposed, which is sum­ ent an order reading as follows: priate corporate purposes. The cost of marized as follows: The Board having this day Issued its the construction program of the subsid­ Columbia proposes to contribute to Report in which it finds and determines that iaries for the year 1953 is estimated at United Fuel Gas Company (“United the Communist Party of the United States $49,000,000 in the aggregate. Included Fuel” ), a public-utility subsidiary of of America, respondent herein, is a Com­ in such construction program are certain Columbia, from time to time prior to munist-action organization under the pro­ gas transmission lines and facilities the July 1, 1953, up to $2,000,000 in cash, visions of the Subversive Activities Control cost of which is estimated at $12,000,000, which amount United Fuel will credit Act of 1950; and the construction of which during to its capital surplus account. Columbia It is ordered, That the said respondent, the Communist Party of the United States of 1953 depends upon the procurement of will increase the carrying value of its America, shall register as a Communist- satisfactory contracts for additional nat­ investment in the comon stock of United action organization under and pursuant to ural gas supplies, the procurement of the Fuel by $1,999,989.51 and will charge section 7 of the Subversive Activities Control requisite additional and supplemental $10.49 (the amount of the contribution Act of 1950, and certificates of public convenience and ne­ applicable to the minority interest in It is further ordered, That if the Com­ cessity, and the availability of steel pipe United Fuel’s comon stock) to its operat­ munist Party of the United States of America and other critical items. ing expense. fails to comply with the registration require­ ments of said act, pursuant to the above The application-declaration states It is stated that the $2,000,000 will be order, then each and every section, branch, that the proposed issuance and sale of used by United Fuel to finance, in part, fraction, or cell of said respondent shall notes by East Ohio and River are sub­ its 1953 construction program involving register in accordance with the requirements ject to the jurisdiction of the Public expenditures estimated at approximately of said act. Utilities Commission of Ohio and the $18,300,000. By the Board. approval of that Commission is to be ob­ The contribution by Columbia to (Signed) Peter Campbell Brown, Chairman, tained; the proposed issuance and sale of United Fuel will be submitted to the (Signed) Kathryn McHale, Member, (Signed) David J. Coddaire, Member, (Signed) Watson notes by Hope are subject to the juris­ Public Service Commission of West Vir­ B. Miller, Member. diction of the Public Service Commission ginia for its approval. Washington 25, D. O., April 20, 1953. of West Virginia, and the approval of Notice is further given that any inter­ that Commission is to be obtained; the ested person may, not later than May 7, W a t so n B. M il l e r , proposed issuance and sale of notes by 1953, at 5:30 p. m., request the Commis­ Acting Chairman. Peoples are subject to the jurisdiction of sion in writing that a hearing be held on A p r il 23, 1953. the Pennsylvania Public Utility Commis­ such matter, stating the nature of his [P. R. Doc. 53-3751; Piled, Apr. 28, 1953; sion, and the approval of that Commis­ interest, the reasons for such request and 8:50 a. m.] sion ds to be obtained; and the proposed the issues of fact or law, if any, raised by issuance and sale of stock and notes by the said declaration which he desires to New York Natural are subject only to the controvert, or may request that he be DEPARTMENT OF JUSTICE jurisdiction of the Securities and Ex­ notified if the Commissioi\,should order change Commission. It is also stated a hearing théreon. Any such request Office of Alien Property that all of the proposed subsidiary trans­ should be addressed: Secretary, Securi­ A m ed eo C e l l it t i e t a l . actions are exempt from the require­ ties and Exchange Commission, 425 Sec­ ments of section 7 of the act under the ond Street NW., Washington 25, D. C. NOTICE OF INTENTION TO RETURN VESTED provisions of the third sentence of sec­ At any time after said date, said declara­ PROPERTY tion 6 (b), and all such transactions are tion, as filed or as amended, may be per­ Pursuant to section 32 (f) of the exempt from the public bidding require­ mitted to become effective as provided in Trading With the Enemy Act, as amend­ ments of Rule U-50 under the provisions Rule U-23 of the rules and regulations ed, notice is hereby given of intention to of subdivisions (a) (1) and (3) thereof. promulgated under the act, or the Com­ return, on or after 30 days from the date Applicants-declarants request that the mission may exempt such transaction as of the publication hereof, the following Commission enter its order on or before provided in Rule U-20 (a) and Rule property, subject to any increase or de­ May 11, 1953, granting and permitting U-100 thereof. crease resulting from the administration the application-declaration to become thereof prior to return, and after ade­ effective forthwith, insofar as it relates By the Commission. quate provision for taxes and conserva­ to the proposed issuance of 100,000 shares N e l l y e A. T h o r s e n , tory expenses: of $100 par value common stock by New Assistant Secretary. Claimant, Claim No., Property, and Location York Natural and the sale thereof to Consolidated. [P. R. Doc. 53-3747; Filed, Apr. 28, 1953; Amedeo Cellitti, Ferentino, Italy, Giuseppe 8:49 a. m.] Cellitti, Ferentino, Italy, Angelo Cellitti, By the Commission. Anagni, Italy; Claim No. 44849; vesting order No. 420; $482.75 in the Treasury of the United [ seal] N e l l y e A. T h o r s e n , States, payable as follows: $160.92, each, to Assistant Secretary. SUBVERSIVE ACTIVITIES Amedeo and Angelo Cellitti, and $160.91 to [F. R. Doc. 53-3745; Piled, Apr. 28, 1953; CONTROL BOARD Giuseppe Cellitti. 8:48 a. m.] [Docket No. 51-101] Executed at Washington, D. C., on April 23, 1953. C o m m u n is t P a r t y o f t h e U n it e d S tates o f A m e r ic a For the Attorney General. [Pile No. 70-3048] ORDER REQUIRING REGISTRATION [ s e a l] P a u l V . M y r o n , C o l u m b ia G as S y s t e m , I n c . Herbert Brownell, Jr., Attorney Gen­ Deputy Director, Office of Alien Property. notice regarding cash c a pit a l c o n t r ib u ­ eral of the United States, Petitioner, v. tion BY PARENT COMPANY TO SUBSIDIARY The Communist Party of the United [F. R. Doc. 53-3766; Piled, Apr. 28, 1953; States of America, Respondent. 8:54 a. m.] A p r il 22, 1953. Upon hearings duly held by the Board Notice is hereby given that the Colum­ on a petition filed by the Attorney Gen­ bia Gas System, Inc. (“Columbia” ), a eral of the United States, acting pursuant registered holding company, has filed a to section 13 (a) of the Subversive Ac­ G iu s e p p in a B r ig n a n i e t a l . declaration with this Commission pur­ tivities Control Act of 1950, for an order NOTICE OF INTENTION TO RETURN VESTED suant to the provisions of section 12 (b) of the Board requiring the Communist PROPERTY of the Public Utility Holding Company Party of the United States of America Act of 1935 .(“act” ) and Rule U-45 of the to register as required by sections 7 (a), Pursuant to section 32 (f ) of the Trad­ rules and regulations promulgated there­ (c), and (d) of the act, the Board on ing With the Enemy Act, as amended, under. All interested persons are re­ April 20, 1953, issued and caused* to be notice is hereby given of intention to ferred to said declaration which is on served on the Parties its Report in writ­ return, on or after 30 days from the date No. 82---- 4 2514 NOTICES of the publication hereof, the following erty located in Washington, D. C., in­ Claimant, Claim No., Property, and Location property, subject to any increase or de­ cluding all royalties accrued thereunder Luisa Coen ved. Enriques, Alma Enriques crease resulting from the administration and all damages and profits recoverable Adriana Enriques, Rome, Italy, Giovanni thereof prior to return, and after ade­ for past infringement thereof, after ade­ Enriques, Turin, Italy; Claim No. 39770; quate provision for taxes and conserva­ quate provision for taxes and conserv­ $57.49 in tbe Treasury of tbe United States tory expenses: atory expenses: and stock of the De Nobili Cigar Company, a New York corporation, consisting of 10 Claimant, Claim No., Property, and Location Claimant, Claim No., and Property shares, third preferred capital stock, par Giuseppina Brignani ved. Mola, Spezla, Pneumatiques et Caoutchouc Manufacture value $25 per share, Certificate No. 261 and Italy, Anna Marla Mola Formichini, Gabriella Kleber-Colombes, Colombes (Seine) France; 5 shares, common stock, par value $50 per Mola Zucchini Solimei, Rome, Italy; Claim Claim No. 40445; property described in Vest­ share, Certificate No. 215, presently in cus­ No. 39778; $18.66 in the Treasury of the ing Order No. 293 (7 F. R. 9836, November 26, tody of Safekeeping Department, Federal Re­ United States and stock of the De Nobili 1942) relating to an undivided one-half serve Bank of New' York, at New York City, Cigar Company, a New York corporation, interest in United States Patent Application to Luisa Coen ved. Enriques, Alma Enriques, consisting of 10 shares, common capital Serial No. 335,573 (now United States Let­ Adriana Enriques and Giovanni Enriques. stock, par value $50 per share,- Certificate ters Patent No. 2,378,528). Executed at Washington, D. C., on No. 224, presently in custody of Safekeeping April 23, 1953. Department, Federal Reserve Bank of New Executed at Washington, D. C., on York, at New York City; to Giuseppina Brig­ April 23, 1953. For the Attorney General. nani ved. Mola, Anna Maria Mola Formichini and Gabriella Mola Zucchini Solimei. For the Attorney General. [ s e a l ] P a u l V. M y r o n , Deputy Director, Executed at Washington, D. C., on [ s e a l ] P a u l V. M y r o n , Deputy Director, Office of Alien Property. April 23, 1953. Office of Alien Property. [F. R. Doc. 53-3771; Piled, Apr. 28, 1953; For the Attorney General. [F. R. Doc. 53-3769;^ Filed, Apr. 28, 1953; 8:54 a. m.] [ s e a l ] P a u l V . M y r o n , 8:54 a. m.] Deputy Director, Office of Alien Property. E r ik V iggo K rogh et a l . [F. R. Doc. 53-3767; Filed, Apr. 28, 1953; 8:54 a. m.] J a c k B arth et a l . NOTICE OF INTENTION TO RETURN VESTED n o t ic e o f in t e n t io n to r e t u r n vested PROPERTY p r o p e r t y ; a m e n d m e n t Pursuant to section 32 (f ) of the Trad­ The Notice of Intention to Return ing With the Enemy Act, as amended, H e in r ic h C. A. M e y e r Vested Property respecting the claim of notice is hereby given of intention to NOTICE OF INTENTION TO RETURN Jack Barth, Baltimore, Maryland, Max return, on or after 30 days from the date VESTED PROPERTY Barth and Wolfgang Barth of Zurich, of publication hereof, the following Switzerland, Claim No. 42577, executed property located in Washington, D. C., Pursuant to section 32 ( f ) of the Trad­ including all royalties accrued there­ ing With the Enemy Act, as amended, on April 6, 1953, and published in the F ederal R eg ist e r on April 9, 1953 (18 under and all damages and profits re­ notice is hereby given of intention to re­ coverable for past infringement thereof, turn, on or after 30 days from the date of F. R. 2012), is hereby amended as follows and not otherwise: By deleting there­ after adequate provision for taxes and the publication hereof, the following conservatory expenses: property, subject to any increase or de­ from under “ Property” the figure % and crease resulting from the administration substituting therefor the figure x/e- Claimant, Claim No., and Property thereof prior to return, and after ade­ All other provisions of said Notice of Erik Viggo Krogh, Aarhus, Denmark, Ellen quate provision for taxes and conserv­ Intention to Return Vested Property are Rigmor Ljunghusen, nee Krogh, Eslov, hereby ratified and confirmed. atory expenses: Sweden, Agnes Helga Lindberg, nee Krogh, Executed at Washington, D. C., on Borghamn, Sweden, Bodil Mimi Schmidt-. Claimant, Claim No., Property, and Location Nielsen, Genhofte, Denmark; Claim No. April 23, 1953. Heinrich C. A. Meyer, Rouxville-Johannes- 37330; equal shares of $192.39 in the Treas­ burg, South Africa; Claim No. 45074; $797.40 For the Attorney General. ury of the United States. in the Treasury of the United States. An undivided one-fourth share to each [ s e a l ] P a u l V. M y r o n , claimant of all right, title, interest and Executed at Washington, D. C„ on Deputy Director, claim of whatsoever kind or nature in and April 23, 1953. Office of Alien Property. to every copyright, claim of copyright, li­ cense, agreement, privilege, power and every For the Attorney General. [F. R. Doc. 53-3772; Filed, Apr. 28, 1953; right of whatsoever nature, including, but [ s e a l ] P a u l V. M y r o n , 8:54 a. m.] not limited to all monies and amounts, by Deputy Director, way of royalties, share of profits or other emolument, and all causes of action accrued Office of Alien Property. or to accrue relating to the work entitled [F. R. Doc. 53-3768; Filed, Apr. 28, 1953; The Anatomy and Physiology of Capillaries 8:54 a. m.] L u is a C o e n e t a l . as listed in Exhibit A to Vesting Order No. 4034 effective August 22, 1944 (Vol. 538, pages n o t ic e o f in t e n t io n to r e t u r n vested 326 through 391) to the extent owned by PROPERTY August Krogh immediately prior to the vesting thereof by Vesting Order No. 4034. P neumatiques et C a o u t c h o u c M a n u f a c ­ Pursuant to section 32 (f) of the t u r e . K l eb e r -C o lo m b e s Trading With the Enemy Act, as Executed at Washington, D. C., on amended, notice is hereby given of in­ April 23, 1953. NOTICE OF INTENTION TO RETURN VESTED tention to return, on or after 30 days PROPERTY from the date of the publication hereof, For the Attorney General. Pursuant to section 32 (f ) of the Trad­ the following property, subject to any [ s e a l ] P a u l V . M y r o n , ing With the Enemy Act, as amended, increase or decrease resulting from the Deputy Director, notice is hereby given of intention to re­ administration thereof prior to return, Office of Alien Property. turn, on or after 30 days from the date of and after adequate provision for taxes [F. R. Doc. 53-3770; Filed, Apr. 28, 1953; publication hereof, the following prop­ and conservatory expenses: 8:54 a. m.]