\1^

VOLUME 15 NUMBER 172

Washington, Wednesday, September 6, 1950

Sec. TITLE 7— AGRICULTURE 965.61 Computation of obligation to the CONTENTS producer-settlement fund for Chapter IX— Production and Mar­ handlers operating a fluid milk Agriculture Department Pa£e keting Administration (Marketing plant which is not a pool plant. See Commodity Credit Corpora­ Agreements and Orders), Depart­ 965.62 Correction of errors. tion; Production and Marketing 965.63 Notification to handler of the value Administration. ment of Agriculture of his milk. Alien Property, Office of P art 965—M ilk in the Cincinnati, Ohio, 965.64 Computation of uniform prices for Grade A producers and Grade B Notices: M arketing A rea producers. Vesting orders, etc.; ORDER AMENDING THE ORDER, AS AMENDED, PAYMENT FOR MILK Bergenthal, Ignaz______6309 REGULATING THE HANDLING OF MILK IN Bongiovanni, Salvatore_____ 6008 THE CINCINNATI, OHIO, MARKETING AREA 965.70 Payments to producers. Carbagnati, Luigi______r.___ 6010 965.71 Producer-settlement fund. Sec. 965.72 Payment to producer-settlement Desclee and Cie______6009 965.0 Findings and determinations. fund. Erlanger, Ida______60C9 965.73 Payments from producer-settlement Pelsegg, Hans______6009 definitions fund. Poure, Helene, et al______6010 965.1 Act. 965.74 Expense of administration. Funke, Emilie and Elizabeth- 6005 965.2 Secretary. 965.75 Marketing services. Gerb, William______6010 965.3 Cincinnati, Ohio, marketing area. 965.76 Payments to cooperative associations. Japanese Government_____ 6007 965.4 Person. 965.77 Termination of obligation. Kay, Frieda______6008 965.5 Route. EFFECTIVE TIME, SUSPENSION OR TERMINATION 965.6 Fluid milk plant. Kogelschatz, Ida H. P______6005 965.7 Pool plant. 965.80 Effective time. Romito, Pasquale, et al_____ 6008 965.8 Producer. 965.81 Suspension or termination. Rzepecki, I______6010 965.9 Handler. 965.82 Continuing power and duty of the Schybilski-Morris, Johanna 965.10 Producer milk. market administrator. Friederike______6008 965.11 Emergency milk. 965.83 Liquidation after suspension or Seyfarth, G______6009 termination. MARKET ADMINISTRATOR Shibata, Yoshino______6006 MISCELLANEOUS PROVISIONS Simonelli, Pasquale I______6C09 965.20 Designation. Stappenbacher, Cora_____6006 965.21 Powers. 965.90 Agents. 965.22 Duties. 965.91 Separability of provisions. Streb, Helen Maisch Ball___ 6006 Turini, Marie Wilbur, et al__ 6008 REPORTS, RECORDS, AND FACILITIES Authority: §§ 965.0 to 965.91 inclusive, is­ sued under sec. 5, 49 Stat. 753, as amended; Wachenfeld, Gustave______6006 965.30 Reports of handlers to market 7 U. S. C. and Sup. 608c. Watanabe, Hisakatsu______6007 administrator, Werle, Anna______6007 965.31 Verification of handler reports. § 965.0 Findings and determinations. Army Department 965.32 Reports of market administrator to The findings and determinations herein­ Rules and regulations: cooperative associations. after set forth are supplementary and in Decorations, medals, ribbons, 965.33 Records and facilities. addition to the findings and determina­ 965.34 Retention of records. and similar devices; miscel­ tions previously made in connection with laneous amendments______5993 CLASSIFICATION the issuance of the aforesaid order and Civil Aeronautics Administra­ 965.40 Basis of classification. of each of the previously issued amend­ 965.41 Classes of utilization. ments thereto; and all of said previous tion 965.42 Responsibility of handlers and re­ findings and determinations are hereby See also Civil Aeronautics Board. classification of milk. ratified and affirmed, except insofar as Rules and regulations: .965.43 Transfers. such findings and determinations may be Designation of civil airways; 965.44 Shrinkage. in conflict with the findings and deter­ miscellaneous amendments— 5890 965.45 Computation of milk and butterfat minations set forth herein. Designation of control areas, in each class. control zones, and reporting 965.46 Allocation of milk and butterfat (a) Findings upon the basis of the classified. hearing record. Pursuant to the provi­ points; miscellaneous amend­ sions of the Agricultural Marketing ments------5992 MINIMUM PRICES Agreement Act of 1937, as amended (7 965.50 Basic formula price. Civil Aeronautics Board U. S. C. 601 et seq.), and the applicable Rules and regulations: 965.51 Class prices. rules of practice and procedure, as 965.52 Butterfat differentials to handlers. Air traffic rules; danger area amended, governing the formulation of alterations.______5990 DETERMINATION OF UNIFORM PRICES marketing agreements and marketing Commerce Department 965.60 Computation of value of milk for orders (7 CFR Part 900), a public hear- See Civil Aeronautics Administra­ each handler. ( Continued on next page) tion; Federal Maritime Board. 5983 5984 RULES AND REGULATIONS CONTENTS— Continued CONTENTS— Continued Federal Communications Com- Page Production and Marketing Ad- Page FEDERAL^REGISTER mission— Continued ministration— Continued V , l»34 ^ Rules and regulations: c ¿/AiirfQ ' Notices—Continued List of changes in frequencies Milk, in Cincinnati, Ohio, area. 5983 and corrections in assign­ Public Health Service ments : Rules and regulations: Published daily, except Sundays, Mondays, Dominican Republic------6003 Foreign service allowances for and days following official Federal holidays, Mexico______I------6003 commissioned officers------5994 by the Division of the Federal Register, Proposed rule making: National Archives and Records Service, Gen­ Broadcasts by candidates for Treasury Department eral Services Administration, pursuant to the See Internal Revenue Bureau. authority contained in the Federal Register public office; extension of time for filing comments—i ------6001 Act, approved July 26, 1935 (49 Stat. 500, as CODIFICATION GUIDE. amended; 44 U. S. C., ch. 8B), under regula­ Federal Maritime Board tions prescribed by the Administrative Com­ A numerical list of the parts of the Code mittee of the Federal Register, approved by Notices: Hearings on applications for ex- of Federal Regulations affected by documents the President. Distribution is made only by published in this issue. Proposed rules, as the Superintendent of Documents, Govern­ tension of bareboat charter opposed to final actions, are identified as ment Printing Office, Washington 25, D. C. agreement: such. The regulatory material appearing herein Alaska Steamship Co______6001 Is keyed to the Code of Federal Regulations, Coastwise Line------6001 Title 6 Page which is published, under 50 titles, pursuant Chapter IV: to section 11 of the Federal Register Act, as Federal Power Commission amended June 19, 1937. Notices: Part 601______— 5990 Part 607______^------5990 The F ed er a l R e g is t e r will be furnished by Hearings, etc.: mail to subscribers, free of postage, for $1.50 Florida Public Utilities Co----- 6004 Title 7 per month or $15.00 per year, payable in Rockland Light and Power Chapter IX: advance. The charge for individual copies Co______6003 Part 920 (proposed) (2 docu­ (minimum 150 varies in proportion to the size of the issue. Remit check or money Southern California Edison ments)______^------5995, 6000 order, made payable to the Superintendent Co______6003 Part 965______— 5983 of Documents, directly to the Government Federal Security Agency Part 986 (proposed)------6000 Printing Office, Washington 25, D. C. There are no restrictions on the republica­ See Public Health Service. Title 14 • tion of material appearing in the Federal Internal Revenue Bureau Chapter I: Register. Part 60______5990 Proposed rule making: Chapter H: Substances used in manufacture Part 600._____ 5990 of distilled spirits------5994 Part 601______5992 Now Available Interstate Commerce Commis­ Title 26 sion Chapter I: UNITED STATES Notices: Part 173 (proposed)__ —------5994 GOVERNMENT Applications for relief: Citrus pomace between points Title 32 ORGANIZATION Chapter V: in Florida______6004 Part 578______5993 MANUAL Coal tar and pitch from Min- nequa, Colo., to Miller, Chapter VII: 1950-51 Edition Tex_.______6005 Part 878 (see Part 578)______5993 Title 42 (Revised through July 1) Fertilizer from Cottondale, Fla., to Madison and Find­ Chapter I: Published by the Federal Register Division, ley Station, Fla— ,------— 6004 Part 21______5994 the National Archives and Records Service, Logs from Osborn, Miss., to Title 47 General Services Administration Altavista, Va.; correction_ 6005 Chapter I: Petroleum from Wyoming to Part 3 (proposed)______6001 657 pages— $1.00 a copy the West—______6004 Order from Superintendent of Documents, Petroleum lubricating oil from United States Government Printing Office, Pennsylvania to the West ing was held at Cincinnati, Ohio, on Washington 25, D. C. and Southwest______6004 March 13-14, 1950, upon certain pro­ Justice Department posed amendments to the tentative mar­ keting agreement and to the order, as See Alien Property, Office of; amended, regulating the handling of milk CONTENTS— Continued Production and Marketing Ad­ in the Cincinnati, Ohio, marketing area. Page ministration Upon the basis of the evidence intro­ Commodity Credit Corporation Notices: duced at such hearing and the record Rules and regulations: Sugar in Puerto Rico and Vir­ thereof, it is found that: 1950 loan and purchase agree­ gin Islands; hearings and des­ (1) The said order, as amended, and ment programs: ignation of presiding officers. 6002 as hereby further amended, and all of Cotton; correction of loan Proposed rule making : the terms and conditions thereof, will bulletin______5990 Hops and hop products, in Ore­ tend to effectuate the declared policy of Grains and related commodi­ gon, California, Washington, the act; ties; warehouse receipts— 5990 and Idaho; increase in supple- (2) The parity prices of milk as deter­ Defense Department , mentary allotments of 1950 mined pursuant to section 2 of the act are See Army Department. crop______6000 not reasonable in view of the price of Potatoes, Irish, in Massachu­ feeds, available supplies of feeds and Federal Communications Com­ setts, Rhode Island, Con­ other economic conditions which affect mission necticut, New Hampshire, market supply and demand for milk in Notices : and Vermont: the said marketing area, and the mini­ Hearings, etc.: Decision with respect to pro­ mum prices specified in the order, as Matheson Radio Co. Inc. posed marketing agree­ amended, and as hereby further (WHDH), et al__...... 6002 ment and order.____ _ 5995 amended, are such prices as will reflect Station KSPA______6002 Order directing referendum. 6000 the aforesaid factors, insure a sufficient Wednesday, September 6, 1950 FEDERAL REGISTER 5985 quantity of pure and wholesome milk and marketing area shall be in conformity quest, during which no milk is moved to be in the public interest; and to and in compliance with the terms and a plant described in paragraph (a) or <3) The said order, as amended, and conditions of the aforesaid order, as (b) of this section and shall not become as hereby further amended, regulates amended, and as hereby further amend­ a pool plant until such plant again meets the handling of milk in the same man­ ed, and the aforesaid order, as amended, the requirements for a pool plant pursu­ ner as and is applicable only to persons is hereby further amended as follows: ant to this paragraph. in the respective classes of industrial and commercial activity specified in a mar­ DEFINITIONS § 965.8 Producer. “Producer” means keting agreement Upon which a hear­ § 965.1 Act. “Act” means Public Act any person operating a dairy farm, pro­ ing has been held. No. 10, 73d Congress, as amended and as ducing milk under a dairy farm permit (b) Additional findings. It is neces­ reenacted and amended by the Agricul­ issued by an appropriate health author­ sary, in the public interest, to make tural Marketing Agreement Act of 1937, ity, which is received at a “pool plant” effective not later than September 1, as amended (7 U. S. C. 601 et seq.). described in § 965.7 or diverted from a 1950, the present amendments to the pool plant by a cooperative association : said order, as amended, in order to re­ § 965.2 Secretary. “Secretary” Provided, That any producer whose milk flect : current marketing conditions. means the Secretary of Agriculture of has been approved as “Grade A milk” by Any delay beyond September 1, 1950, in the United States or any other employee an appropriate health authority for any the effective date of this order, as of the United States authorized to exer­ month, or portion thereof, shall be a cise the powers and to perform the duties “Grade A producer” for such month, and amended, and as hereby further of the said Secretary of Agriculture. amended, will seriously impair orderly any producer whose milk has not been marketing of mijk in the Cincinnati, § 965.3 Cincinnati, Ohio, marketing so approved shall be a “Grade B pro­ Ohio, marketing area. The provisions area. “Cincinnati, Ohio, marketing ducer.” of the said order are well known to han­ area,” hereinafter called the “marketing § 965.9 Handler. “Handler” means dlers—the public hearing having been area,” means the city of Cincinnati, Ohio, (a) any person who: (1) Operates a pool held March 13-14, 1950, and the deci­ and the territory geographically included plant; or (2) operates a nonpool plant sion having been executed by the Sec­ within the boundary lines of Hamilton and either directly or indirectly disposes retary on August 29, 1950. Therefore, County, Ohio. of Class I or Class n milk, on a route reasonable time, under the circum­ § 965.4 Person.. “Person” means any extending into the marketing area; or stances, has been afforded persons af­ individual, partnership, corporation, as­ (b) any cooperative association with re­ fected to prepare for its effective date. sociation, or any other business unit. spect to the milk of any producer (s) In view of the foregoing, it is hereby whose milk has been received previously found and determined that good cause § 965.5 Route. “Route” means a de­ at a pool plant described in § 965.7 which exists for making this order, amending livery (including a sale from a store) of milk has been caused to be diverted by a the order, as amended, effective Sep­ milk, flavored milk drinks, or cream , in cooperative association, to a plant from tember 1, 1950, and that it would be im­ fluid form to, a wholesale or retail stop(s) which no milk is disposed of in the mar­ practicable, unnecessary, and contrary other than to a milk processing plant (s). keting area, if payment therefor has been to the public interest to delay the effec­ § 965.6 Fluid milk plant. “Fluid milk collected by such association, and such tive date of this order 30 days after its plant” means a plant or other facilities milk shall be deemed to have been re­ publication in the F ederal R egister (see used in preparation or processing of milk ceived from producers by such coopera­ section 4 (c), Administrative Procedure all or a portion of which is disposed of tive association. Act, Public Law 404, 79th Congress, 60 on routes operating wholly or partially § 965.10 Producer milk. “Producer Stat. 237; 5 U. S. C. 1001 et seq.). in the marketing area. (c) Determinations. It is hereby de­ milk” means milk produced by one or termined that handlers (excluding co­ § 965.7 Pool plant. “Pool plant” more producers under the conditions set operative associations of producers who means: forth in § 965.8. are not engaged in processing, distribut­ (a) A fluid milk plant as described in § 965.11 Emergency milk. “Emer­ ing, or shipping the milk covered by this § 965.6 located in the marketing area; gency milk” means milk or skim milk order, as amended) of more than 50 per­ (b) A fluid milk plant located outside other than producer milk in excess of cent of the volume of milk covered by the marketing area and disposing of not the milk and skim milk, respectively, the aforesaid order, as amended and as less than 10 percent of its entire route used in Class in milk and Class IV milk- hereby further amended, which is mar­ disposition of Class I milk on routes op­ received by a handler under a permit to keted within the Cincinnati, Ohio, mar­ erating wholly or partially within the receive such milk or skim milk issued to keting area, refused or failed to sign the marketing area; or him by an appropriate health authority marketing agreement regulating the (c) A plant, receiving milk from dairy during months when receipts of producer handling of milk in the said marketing farms, which the market administrator milk or skim milk of the individual han­ area; and it is hereby further determined determines has moved to a plant (s) de­ dler are less than 120 percent of such that; scribed under paragraph (a) or (b) of handler’s Class I utilization of milk or (1) The refusal or failure of such han­ this section an amount of milk equal to skim milk, respectively. dlers to sign said marketing agreement not less than one percent of the total tends to prevent the effectuation of the Class I utilization of plants described in MARKET ADMINISTRATOR declared policy of the act ; paragraphs (a) and (b) of this section § 965.20 Designation. The agency for (2) The issuance of this order, amend­ during the second month preceding such the administration hereof shall be a ing the order, as amended, is the only movement as specified in the following market administrator, who shall be a practical means, pursuant to the de­ schedule: person selected by the Secretary. Such Months plant person shall be entitled to such com­ clared policy of the act, of advancing the Months milk is moved: is pool plant interests of producers of milk which is One of the months of November. pensation as may be determined by, and produced for sale in the said marketing October or November. shall bo subject to removal at the dis­ area; and Two of the months of December. cretion of, the Secretary. (3) The issuance of this order amend­ Oc to ber, November, § 965.21 Powers. The market admin­ ing the order, as amended, is approved and December. Three of the months of January through istrator shall: or favored by at least two-thirds of the October, November, October. (a) Administer the terms and provi­ producers who, during the determined December, and Janu­ sions hereof; and representative period (May 1950), were ary. (b) Report to the Secretary com­ engaged in the production of milk for plaints of violations of the provisions Provided, That upon written request to hereof. sale in the said marketing area. the market administrator by the opera­ ORDER RELATIVE TO HANDLING tor of a plant which is a pool plant pur­ § 965.22 Duties. The, market admin­ suant to this paragraph for the discon­ istrator, in addition to the duties here­ It is therefore ordered, That on and tinuance of such plant as a pool plant, inafter described, shall: after the effective date hereof the han­ such plant shall cease to be a pool plant (a) Within 45 days following the date dling of milk in the Cincinnati, Ohio, in the first month, following such re­ on which he enters upon his duties, exe- 5986 RULES AND REGULATIONS cute and deliver to the Secretary a (3) The receipts from any other Ing under section 8c (15) (A) of the act bond, conditioned upon the faithful per­ source together with the butterfat or a court action specified in such notice, formance of his duties, in an amount and content; the handler shall retain such books and with surety thereon satisfactory to the (4) The utilization of all receipts dur­ records, or specified books and records, Secretary; ing the month; until further written notification from (b) Employ and fix the compensation (5) The name and address of each the market administrator. In either of such persons as may be necessary to new producer; and case the market administrator shall give enable him to administer the terms and (6) His producer payroll, which shall further written notification to the han­ provisions hereof; show for each producer the total receipts dler promptly upon the termination of (c) Pay, out of the funds provided by of milk with the average butterfat test the litigation or when the records are § 965.74, the cost of his bond and of the thereof, the amount of the advance pay­ no longer necessary in connection there­ bonds of those of his employees who ment to such producer made pursuant with. handle funds entrusted to the market to § 965.70 and the deductions and CLASSIFICATION administrator, his own compensation, charges made by the handler. § 965.40 Basis of classification. Milk and all other expenses which will neces­ (b) Each handler who receives no received by each handler, including milk sarily be incurred by him in the mainte­ milk from producers shall make reports produced by him, shall be classified by nance and functioning of his office and to the market administrator at such the market administrator in the classes in the performance of his duties; times and in such manner as the market set forth in § 965.41 subject to the pro­ (d) Keep such books and records as administrator may request. visions of §§ 965.42; 965.43 and 965.44. will clearly reflect the transactions pro­ § 965.31 Verification of handler re­ vided for herein, and surrender the § 965.41 Classes of utilization. The ports. Each handler shall make avail­ classes of-utilization of milk and butter­ same to his successor or to such other able to the market administrator or to person as the Secretary may designate ; fat shall be as follows: his agent, or to such other person as the (a) Class I milk shall be all milk and (e) Publicly disclose to handlers and Secretary may designate, those records producers, unless otherwise directed by skim milk disposed of in the form of which are necessary for the verification milk and milk drinks and any product the Secretary, the name of any person of the information contained in the re­ who, within 2 days after the date upon containing less than 8.0 percent butter­ ports submitted pursuant to § 965.30, and fat not specified in Class II milk, Class which he is required to perform such acts, those facilities which are necessary for has not made reports pursuant to § 965.30 III milk or Class IV milk and all shrink­ the sampling, weighing, and testing of age of butterfat in receipts of butterfat or has not made payments pursuant to the milk of each producer. §§ 935.70 and 965.72; from producers and emergency milk in (f) Promptly verify the information § 965.32 Reports of market adminis­ excess of 2.5 percent of such receipts. contained in the reports submitted by trators to cooperative associations. On (b) Class II milk shall be all milk and handlers; or before the 13th day after the end of skim milk disposed of as buttermilk, (g) Furnish such information and ver­ each month, the market administrator cream for consumption as cream, and ified reports as the Secretary may shall report to each cooperative associa­ any product containing 8.0 percent or request, and submit his books and tion the amount and class utilization of more of butterfat not specified in Class I records to examination by the Secretary milk caused to be delivered by such asso­ milk, Class III milk or Class IV milk. at any and all times; and ciation, either directly or from producers (c) Class m milk shall be all milk (1) (h) Publicly announce, by posting in who have authorized such association to disposed of as plain or sweetened, con­ a conspicuous place in his office and by receive payments for them under § 965.73 densed or evaporated milk, spray or such other means as he deems appropri­ (b), to each handler to whom the coop­ roller powder, margarine, animal feed, ate, the prices determined for each erative association sells milk. For the all cheese, commercially manufactured month as follows: purpose of this report the milk so re­ candy, eggnog, and whipped cream and (1) On or before the 5th day after ceived shall be prorated to each class in whipped cream substitutes; (2) used to the end of such month, the minimum the proportions that the total receipts of produce ice cream, ice cream mix and class prices computed pursuant to milk from producers by such handler frozen desserts; (3) dumped or spilled; § 965.51 and the butterfat differentials were used in each class. and (4) in inventory variations; and all computed pursuant to § 965.52 ; and § 965.33 Records and facilities. Each butterfat in shrinkage up to 2.5 percent (2) On or before the 20th day after handler required to make reports to the of total receipts of butterfat in producer the end of such month the uniform prices market administrator shall maintain, milk and in emergency milk and in computed pursuant to § 965.64, and the and make available to the market ad­ shrinkage of butterfat in milk other than producer butterfat differential. producer milk: or emergency milk. ministrator during the usual hours of (d) Class IV milk shall be all milk REPORTS, RECORDS AND FACILITIES business, such accounts and records of his operations and such facilities as in disposed of as butter. § 965.30 Reports of handlers to market the opinion of the market administra­ § 965.42 Responsibility of handlers administrator. Each handler, under his tor are necessary to verify reports, or and reclassification of milk, (a) In es­ own signature or under that of a person to ascertain the correct information with tablishing the classification as required certified by such handler to the market respect to (a) the receipts and utiliza­ in §§ 965.41 and 965.43, the burden rests administrator as being authorized to tion of all skim milk and butterfat re­ upon the handler to account for all milk sign the reports required by this section, ceived, including all milk products and milk products received by him and shall report to the market administrator, received and disposed of in the same to prove to the market administrator in detail and on forms prescribed by form; (b) the weights and tests for but­ that such milk, or milk products, should the market administrator as follows: terfat, and for other contents, of all milk not be classified as Class I milk. (a) On or before the 10th day after and milk products handled; and (c) (b) Any milk or milk product classi­ the end of each month, each handler payments to producers and cooperative fied in one class shall be reclassified if associations. such milk or milk product is later used who receives milk from producers shall or disposed of by any handler in another report with respect to all milk, skim § 965.34 Retention of records. All class, in accordance with such later use milk, cream and milk products received books and records required under this cr disposition. by him during the month : order to be made available to the mar­ (1> The receipts at each plant from ket administrator shall be retained by § 965.43 Transfers, (a) Milk and the handler for a period of three years skim milk transferred from a pool producers, from his own production, and to begin at the end of the calendar plant to another pool plant shall be from other handlers; month to which such books and records Class I milk, and cream so transferred (2) The receipts of emergency milk, pertain: Provided, That if, within such shall be Class II milk, unless another the date or dates upon which such milk three-year period, the market adminis­ class use is indicated in writing to the was received during the month, the plant trator notifies a handler in writing that market administrator by the operators from which such milk was shipped, the the retention of such books and records of both plants on or before the 10th day price per hundredweight paid or to be or of specified books and records, is after the end of the month within which paid for such milk; necessary in connection with a proceed- such transfer was made: Provided, That Wednesday, September 6, 1950 FEDERAL REGISTER 6987 if either or both plants have received (f) Subtract pro rata out of the re­ fat content, for the respective quantities milk other than producer milk or emer­ maining pounds of milk and butterfat, of milk in each class computed pursuant gency milk, the milk, skim milk or cream respectively, in each class, the total to § 965.46: so transferred shall be classified at both pounds of emergency milk and butterfat. (a) The price for Class I milk shall be plants so as to allocate the highest pos­ (g) If the pounds of butterfat remain­ the basic formula price plus $1.05 for sible utilization to producer milk. ing in all classes exceed the pounds of the months of April through July and (b) Milk or skim milk transferred butterfat received from producers, sub­ $1.35 for the months of August through from a pool plant to a plant other than tract such excess from the remaining March. a pool plant shall be classified as Class I pounds of butterfat in each class in (b) The price for Class II milk shall milk and cream so transferred shall be series beginning with the lowest-priced be the basic formula price plus $0.60 for Class n milk: Provided, That if the op­ class. the months of April through July and erator of the pool plant on or before the MINIMUM PRICES ,$0.90 for the months of August through 10th day after the end of the month fur­ March. nishes to the market administrator a § 965.50 Basic formula price. The (c) The price for Class III milk shall statement, which is signed by the opera­ basic formula price per hundredweight of be the higher of the prices computed tors of both plants, that such milk, skim milk to be used in computing the mini­ pursuant to subparagraphs (1) and (2) milk, or cream was used in a lower class, mum prices for Class I milk and Class of this paragraph. such milk, skim milk, or cream shall be II milk shall be the higher of the prices (1) The price as computed pursuant classified accordingly, subject to verifi­ computed by the market administrator to § 965.50 (b); cation by the market administrator: pursuant to paragraphs (a) and (b) of (2) The simple average, as computed And provided further, That in m aking this section: by the market administrator, of the basic such verification for months other than (a) The average of the basic (or field) or field prices per hundredweight ascer­ April, May, June, and July, the market prices per hundredweight ascertained to tained to have been paid for milk of 3.5 administrator will assign milk, skim have been paid, or to be paid, for milk percent butterfat content received from milk or cream so transferred to the of 3.5 percent butterfat content received farmers during the month at the follow­ highest use classification in the plant of from farmers during such month at the ing plants: the receiver. following plants or places for which prices are reported to the market admin­ M and R Dietetic Laboratories, Inc., Chilll- § 965.44 Shrinkage. The market ad­ istrator or to the United States Depart­ cothe, Ohio. ministrator shall allocate shrinkage over ment of Agriculture : Carnation Milk Co., Hillsboro, Ohio. a handler’s receipts as follows: Nestles Milk Products, Inc., Greenville, (a) Compute the total shrinkage of Company and Location Ohio. butterfat for each handler; and Nestles Milk Products, Inc., (Osgood Milk Borden Co., Black Creek, Wis. Co.) Osgood, Indiana. (b) Prorate the resulting amounts Borden Co., Greenville, Wis. Carnation Milk Co., Maysville, Ky. between the receipts of butterfat in Borden Co., Mount Pleasant, Mich. producer milk and in milk other than Borden Co., New London, Wis. (d) The price for Class IV milk shall producer milk. Borden Co., Orfordville, Wis. Carnation Co., Berlin, Wis. be the price of Class III milk less 17.5 § 965.45 Computation of milk and but­ Carnation Co., Jefferson, Wis. cents. Carnation Co., Chilton, Wis. terfat in each class. For each month, § 965.52 Butterfat differentials to the market administrator shall correct Carnation Co., Oconomowoc, Wis. Carnation Co., Richland Center, Wis. handlers. If the weighted average but­ for mathematical and for obvious errors Carnation Co., Sparta, Mich. terfat test of producer milk which is the report submitted by each handler Pet Milk Co., Belleville, Wis. classified in any class, respectively, for and compute the total pounds of milk Pet Milk Co., Coopersville, Mich. any handler, is more or less than 3.5 per­ and butterfat, respectively, in Class I Pet Milk Co., Hudson, Mich. cent, there shall be added to or subtract­ milk, Class II milk, Class III milk, and Pet Milk Co., New Glarus, Wis. ed from, as the case may be, from the Class IV milk for such handler. Pet Milk Co., Wayland, Mich. White House Milk Co., Manitowoc, Wis. price for such class, for each one-tenth I 965.46 Allocation of milk and but­ White House Milk Co., West Bend, Wis. of one percent that such weighted aver­ terfat classified. The pounds of milk age butterfat test is above or below 3.5 and butterfat remaining in each class (b) The price per hundredweight com­ percent, a butterfat differential calcu­ after making the following computa­ puted by the market administrator by lated by the market adininistrator as tions shall be the pounds of milk and adding together the plus amounts cal­ follows: For Class I, Class II and Class butterfat, respectively, in such class culated pursuant to subparagraphs (1) III, determine the percent of the alter­ allocated to producer milk: and (2) of this paragraph: nate basic formula price as computed (a) The pounds of milk in Class III (1) Multiply by 3.5 the simple average, pursuant to § 965.50 (b) represented by shall be decreased by any excess of utili­ as computed by the market administra­ the sum computed pursuant to § 965.50 zation of all classes over total receipts tor, of the daily wholesale selling prices (b) (1), apply the percentage so deter­ arid shall be increased by any excess of (using the midpoint of any price range mined to the respective Class I, Class II total receipts over total utilization of all as one price) of Grade A (92-score) bulk and Class III prices for 3.5 percent milk classes. creamery butter per pound at Chicago as computed pursuant to § 965.51 (a), (b), (b) Subtract from the pounds of but­ reported by the United States Depart­ and (c) and divide by 35, the resulting terfat in Class III thè pounds of producer ment of Agriculture during the month sum (to the nearest hundredth of a butterfat in plant shrinkage which is not for which payment is to be made, and cent) shall be the handler butterfat in excess of 2.5 percent of all butterfat add 20 percent thereof; differential for each class, respectively. received from producers and in emer­ (2) From the simple average as com­ The handler butterfat differential for gency milk. puted by the market administrator of the Class IV milk shall be such differential (c) Subtract from the remaining weighted average of carlot prices per for Class III milk less 0.5 cent. pounds of milk and butterfat, respec- pound for nonfat dry milk solids, spray in each class, the pounds of milk and roller process, respectively, for DETERMINATION OF UNIFORM PRICES human consumption, f. o. b. manufac­ and butterfat, respectively, received from § 965.60 Computation of value of milk other handlers, in the classes transferred turing plants in the Chicago area as pub­ Pursuant to § 965.43. lished for the period from the 26th day for each handler. The value of the milk of the immediately preceeding month received from producers during each (d) Subtract from the remain!] month by each handler shall be a sum pounds of milk and butterfat, respe through the 25th day of the current month by the United States Department of money computed by the market ad­ tively, in series beginning with the lo1 ministrator by multiplying the hundred­ est-pnced use available, the pounds of Agriculture, deduct 5.5 cents and multiply the result by 8.2. weight of milk in each class by the nuik and butterfat, respectively, exce applicable class prices, subject to the emergency milk, received other thi producer milk- § 965.51 Class prices. Each handler butterfat differential provided in § 965.52 shall pay, at the time and in the manner and adding any amount resulting from (e) Add to the Class HI butterfat t] set forth in § 965.72, not less than the the following computation: Multiply the pounds of butterfat subtracted pursua following prices per hundredweight, on to paragraph (b) of this section. pounds of butterfat subtracted pursuant the basis of milk of 3.5 percent butter­ to § 965.46 (g) by the price for the ap- 5988 RULES AND REGULATIONS plicable class adjusted by the applicable above or below the range “more than 40 such deductions and charges to be sub­ cents but not more than 50 cents”; tracted, the deductions and charges to be butterfat differential. considered with respect to each individ­ § 965.61 Computation of obligation to (3) Subtract an amount equivalent to ual producer shall not be greater than an the producer-settlement fund for han­ the moneys retained pursuant to § 965.76; amount which, when added to the pay­ dlers operating a fluid milk plant which (4) Add the unobligated balance in the ment made to such producer in accord­ is not a pool plant. For each month, the producer-settlement fund; ance with § 965.70 (inclusive of the obligation to the producer-settlement (5) Add an amount computed by mul­ deductions and charges authorized by fund for each handler operating a fluid tiplying the total hundredweight of milk § 965.70) will not exceed the total value milk plant which is not a pool plant received from Grade B producers by of the milk received from such producer. $0.40; shall be computed by the market admin­ § 965.73 Payments from producer- istrator by multiplying by the difference (6) Divide by the total hundredweight of milk of all producers represented in settlement fund, (a) For each month between the Class I and the Class III the market administrator shall compute prices, the hundredweight of milk dis­ the sum ^computed pursuant to subpara­ graph (1) of this paragraph; and the payment due each producer for milk posed of as Class I milk by such handler received during such month from such on routes operating within the market­ (7) Subtract from the figure obtained in subparagraph (6) of this paragraph producer by a handler who made the ing area less the hundredweight of payments for such month pursuant to Class I milk purchased by such handler not less than 4 cents or more than 5 cents per hundredweight for the purpose of § 965.72 by multiplying the hundred­ during the month from a pool plant. weight of such milk by the uniform price On or before the 13th day after the retaining a cash balance to provide against errors in reports and in payments computed pursuant to § 965.64 adjusted end of each month, the market ad­ to the butterfat test of such milk by add­ ministrator shall notify each such han­ by handlers. The result shall be known as the uniform price per hundredweight ing or subtracting, respectively, for each dler of the amount so computed for him one-tenth of one percent that the butter­ subject to adjustment pursuant to for such month for milk (on the basis of 3.5 percent of butterfat) received from fat content of such milk is above or below § 965.62 and on or before the 17th day 3.5 percent one-tenth of the rate pro­ after the end of each month each such Grade A producers. (b) Computation of uniform price for vided in § 965.64 (a) (2) and subtracting handler shall make payment to the mar­ any charges and deductions, made pursu­ ket administrator. Grade B producers. For each delivery period, the market administrator shall ant to § 965.72. § 965.62 Correction of errors. If, in compute the uniform price per hundred­ (b) On or before the 20th day after the verification of reports submitted by weight of milk received by handlers the end of each month, the market ad­ a handler, the market administrator dis­ from Grade B producers as follows: ministrator shall pay, subject to the pro­ covers errors in such reports which result From the uniform price computed pur­ visions of § 965.75, to each cooperative in payment due the producer-settlement suant to paragraph (a) (7) of this sec­ association authorized to receive pay­ fund or the handler for any previous tion subtract 40 cents. The result shall ments due producers who market their month, there shall be added or sub­ be known as the uniform price per hun­ milk through such cooperative associa­ tracted as the case may be, the amount dredweight for such month for milk (on tion, the aggregate of payments calcu­ necessary to correct such errors. the basis of 3.5 percent of butterfat) re­ lated pursuant to paragraph (a) of this ceived from Grade B producers. section, for all producers certified to the § 965.63 Notification to handler of the market administrator by such coopera­ value of his milk. On or before the PAYMENT FOR MILK tive association as having authorized thirteenth day after the end of each § 965.70 Payments to producers. On such cooperative association to receive month, the market administrator shall such payments. On or before the 20th notify each handler of the value of milk or before the 5th day after the end of computed for him in accordance with each month, each handler shall pay, with day after the end of each month, the respect to all milk received during the market administrator shall pay, subject § 965.60 and of any adjustments pursu­ to the provisions of § 965.75, direct to ant to § 965.62. month, $1.00 per hundredweight of milk to each producer: Provided, That in the each producer who has not authorized § 965.64 Computation of uniform event the total amount of deductions a cooperative association to receive pay­ prices for Grade A producers and and charges authorized by any pro­ ments for such producer, the amount of Grade B producers— (a) Computation of ducer against payments due such pro­ the payment calculated for such pro­ uniform price for Grade A producers. ducer for the month next preceding is ducer pursuant to paragraph (a) of this For each month* the market adminis­ greater than the payment computed for section.. trator shall compute the uniform price such producer pursuant to § 965.73 (a) § 965.74 Expense of administration. per hundredweight of milk received by with respect to the milk received from As his pro rata share of the expense in­ handlers from Grade A producers as such producer during such preceding curred in the maintenance and func­ follows: month, the handler may deduct from tioning of the office of the market (1) Add together the values of milk as the payment required by this section a administrator and in the performance of computed pursuant to § 965.60 for han­ sum equal to the difference between such the duties of the market administrator, dlers other than those in arrears in pay­ amounts. each handler shall pay to the market ad­ ment (other than in payment for any ministrator, on or before the 17th day amount pursuant to § 965.62) to the pro­ § 965.71 Producer-settlement fund. The market administrator shall main­ after the end of each month, 2 cents per ducer-settlement fund as required by hundredweight or such lesser amount as § 965.72 for the preceding month; tain a separate fund, known as the pro­ ducer-settlement fund, in which he shall the Secretary may from time to time pre­ (2) Subtract, if the weighted average deposit all payments made pursuant to scribe, with respect to all milk received butterfat test of all milk received from §§ 965.61 and 965.72 and from which he from producers and produced by him producers by handlers whose milk is rep­ shall make all payments pursuant to during the month: Provided, That any resented in the sum computed under § 965.73. cooperative association which has han­ subparagraph (1) of this paragraph, is dled milk during the month under the greater than 3.5 percent, or add, if the § 965.72 Payment to producer-settle­ conditions set forth in § 965.9, shall pay weighted average butterfat test of such ment fund. On or before the 17th day such pro rata share of expense of admin­ milk is less than 3.5 percent, an amount after the end of each month, each han­ istration on only that quantity of milk computed as follows: Multiply the hun­ dler shall pay to the market adminis­ so handled. dredweight of such milk by the difference trator the amount of money which of its weighted average butterfat test represents the value of milk for such § 965.75 Marketing services, (a) The from 3.5 percent, and multiply the result­ month of which he is notified pursuant market administrator shall deduct an ing amount by 50 cents if the average to § 965.63 less the amount paid out to amount not exceeding 4 cents per hun­ price of butter, described under § 965.50 e a c h producer in accordance with dredweight (the exact amount to be (b) (1), was more than 40 cents but not § 965.70, and less the amount of the de­ determined by the market administra­ more than 50 cents, such amount (50 ductions and charges authorized by such tor) from the payments made pursuant cents) to be increased or decreased, as producer which are itemized on the han­ to § 965.73 (b), with respect to the milk the case may be, by 10 cents for each dler’s producer pay roll: Provided, That of those producers for whom the market­ 10-cent range in such price of butter in the calculation of the total amount of ing services set. forth in paragraph (b) Wednesday, September 6, 1950 FEDERAL REGISTER 5989

of this section are not being performed such payments or issue credit therefor obligation are made available to the by a cooperative association which the out of the producer-settlement fund, market administrator or his representa­ Secretary determines to be qualified un­ subject to verification of the facts upon tives. der the provisions of the act of Congress which the amount of payment is based. (c) Notwithstanding the provisions of of February 18,1922, as amended, known (c) Each cooperative association quali­ paragraphs (a) and (b) of this section, as the “Capper-Volstead Act,” for the fied to receive payments pursuant**» this a handler’s obligation under this order purpose of performing the services set section shall, from time to time, as re­ to pay money shall not be terminated forth in paragraph (b) of this section. quested by the market administrator, with respect to_any transaction involving (b) The moneys received by the mar­ make reports to him with respect to its fraud or willful concealment of a fact, ket administrator pursuant to paragraph conformity with any òf the conditions* material to the obligation, on the part, (a) of this section shall be expended by for qualification or to the use of such of the handler against whom the obliga-' the market administrator for market payments and shall file with him a copy tion is sought to be imposed. information to, and for the verification of its balance sheet and operating state­ (d) Any obligation on the part of the of weights, samples, and tests of milk ment at the close of each fiscal year. market administrator to pay a handler of, producers for whom a cooperative (d) The market administrator shall any money which such handler claims to association, as described in paragraph suspend payment upon his own initiative be due him under the terms of this order (a) of this section, is not performing or upon request by the Secretary or by shall terminate two years after the end the saftie services on a comparable basis, such officer of the United States Depart­ of the calender month during which milk as determined by the market adminis­ ment of Agriculture as he may designate, involved in the claim was received if an trator, subject to review of the Secretary. by ‘giving written notice to a coopera­ underpayment is claimed, or two years § 965.76 Payments to cooperative as­ tive association and to the Secretary after the end of the calendar month sociations. (a) Upon application to the whenever there is good reason to believe during which the payment (including Secretary, any cooperative association that such association is no longer quali­ deduction or set-off by the market ad­ duly organized under the laws of any fied to receive payment. Such suspended ministrator) was made by the handler State which he determines, after appro­ payments shall be aggregated and held if a refund on such payment is claimed, priate inquiry or investigation, to be con­ in reserve until the Secretary, after no­ unless such handler, within the appli­ forming to the provisions of such laws tice and opportunity for hearing, has cable period of time, files, pursuant to and with the ctandards set forth in appraised the performance of the co­ section 8c (15) (A) of the act, a petition § 965.75 (a) ; to be operating as a pro­ operative association and either has or­ claiming such money. ducer-controlled marketing association dered a partial or complete payment of funds held in reserve to the cooperative EFFECTIVE TIME, SUSPENSION OR exercising full authority in the sale of TERMINATION the milk of, and assuming responsibility association or has disqualified such co­ for payments to, its members; to be operative association, in which event the § 965.80 Effective time. The provi­ maintaining individually or in collabo­ balance of funds held in reserve shall be sions hereof, or any amendment hereto, ration with other qualified cooperative released for disposition pursuant to shall become effective at such time as the associations, a competent staff for deal­ § 965.64 (a). Secretary may declare and shall con­ ing with marketing problems and to be § 965.77 Termination of obligation. tinue in force until suspended or ter­ complying with all provisions hereof ap­ (a) The obligation of any handler to pay minated. plicable to such cooperative association money required to be paid under the § 965.81 Suspension or termination. shall be entitled, under the further con­ terms of this order shall, except as pro­ Any or all provisions hereof, or amend­ ditions heréafter specified, to receive vided in paragraphs (b) and (c) of this ments hereto, shall be suspended or ter­ payments from the date of its qualifica­ section, terminate two years after the minated as to any or all handlers after tion as fixed by the Secretary, until it has last day of the calendar month during such reasonable notice as the Secretary been found by the Secretary, after notice which the market administrator receives may give, and shall terminate in any and opportunity for hearing, that it has the handler’s utilization report on the event, whenever the provisions of the act failed to continue to meet any condition milk involved in such obligation, unless authorizing it cease to be in éff ect. set forth in this section for the receipt within such two-year period the market of such payments: administrator notifies the handler in § 965.82 Continuing power and duty (1) At the rate of one-half cent per writing that such money is due and pay­ of the market administrator. If, upon hundredweight on all milk (i) marketed able. Service of such notice shall be the suspension or termination of any or by it in the manner indicated above on complete upon mailing to the handler’s all provisions hereof, there are any behalf of members, and (ii) on which last known address, and it shall contain, obligations arising hereunder, the final reports and payments have been made as but need not be limited to, the following accrual or ascertainment of which re­ required under §§ 965.30, 965.70 and information : quires further acts by any handler, by 965.74, except that payment at/this rate (1) The amount of the obligation; the market administrator, or by any shall not be made on milk with respect (2) The month (s) during which the other person, the power and duty to to which the same association is eligible milk, with respect to which the obliga­ perform such further acts shall continue to receive payment under subparagraph tion exists, was received or handled; and notwithstanding such suspension or ter­ (2) of this paragraph. (3) If the obligation is payable to one mination: Provided, That any such acts (2) At the rate of 3 cénts per hun­ or more producers or to a cooperative required to be performed by the market dredweight on all milk which is received association, the name of such producers administrator shall, if the Secretary so from members at any plant operated by or cooperative association, or if the obli­ directs, be performed by such other per­ such an association, or subsidiary gation is payable to the market adminis­ son, persons, or agency as the Secretary thereof, and which is included in the trator, the account for which it is to be may designate. The market administra­ computations made pursuant to § 965.64. paid. tor, or such person as the Secretary may (b) The market administrator shall, (b) If a handler fails or refuses, with designate, shall continue in such ca­ upon notice of the filing of an applica­ respect to any obligation under this pacity until removed by the Secretary; tion by a cooperative association, retain order, to make available to the market account from time to time for all re­ each delivery period in the producer-set­ administrator or his representatives all ceipts and disbursements and, when so tlement fund such sum as he estimates books and records required by this order directed by the Secretary, deliver all is ample to make payments to the ap­ to be made available, the market ad­ funds on hand, together with the books plicant, to be held in reserve until the ministrator may, within the two-year and records of the market administrator Secretary has ruled upon said applica­ period provided for in paragraph (a) of or such other person to such person as tion and shall, when the application has this section, notify the handler in writing the Secretary shall direct and execute, been ruled upon by the Secretary, make of such failure or refusal. If the market if so directed by the Secretary, such as­ payment or issue credit out of such re­ administrator so notifies a handler, the signments or other instruments neces­ serves in accordance with said ruling and said two-year period with respect to sary or appropriate to vest in such shall release the balance of the reserved such obligation shall not begin to run person full title to all funds, property, sums, if any, for disposition pursuant to until thejfirst day of the calendar month and claims vested in the market ad­ § 965.64 (a) ; and shall on or before the following the month during which such ministrator or such person pursuant 20th day of each month thereafter, make books and records pertaining to such thereto. 5990 RULES AND REGULATIONS § 965.83 Liquidation after suspension lightning, inherent explosion, wind­ under § 607.130: Staple lengths for the or termination. Upon the suspension or storm, cyclone and tornado, or (2) have listed grades should be as follows: termination of any or all provisions stamped or printed on its. face the word White and extra white: Pts. hereof the market administrator, or such “insured”, or (3) be accompanied by a Middling, 2%2------85. person as the Secretary may desig­ certificate signed by the warehouseman St. Low Middling, lVm------—180 nate, shall, if so directed by the Secre­ stating that insurance will be carried on Low Middling 1%2------—455 the beans An accordance with the pro­ Tinged: tary, liquidate the business of the market Middling: administrator’s office and dispose of all visions of the C. C. C. Dry Edible Bean 29Í,, ______—885 funds and property then in his posses­ and Pea Storage Agreement. 3^2I " ...... -8 3 5 sion or under his control, together with (Sec. 4, 62 Stat. 1070, as amended; 15 U. S. C. St. Low Middling : claims for any funds which are unpaid Sup. 714b. Interpret or apply sec. 5, 62 Stat. 1___ -1,085 or owing at the time of such suspension 1072, Titles in, V, Pub. Law 439, 81st Cong., lifo______—1,085 or termination. Any funds collected 15 U. S. C. Sup. 714c) pursuant to the provisions hereof, over Issued this 30th day of August 1950, and above the amount necessary to TITLE 14— CIVIL AVIATION [ seal] Elmer F. K ruse, meet outstanding obligations and the Chapter I— Civil Aeronautics Board expenses necessarily incurred by the Vice President, market administrator or such person in Commodity Credit Corporation. Subchapter A— Civil Air Regulations liquidating and distributing such funds, Approved: [Supp. 7, Amdt. 48] shall be distributed to the contributing handlers and producers in an equitable R alph S. T rigg, P art 60—Air T raffic R ules President, ' manner. Commodity Credit Corporation. DANGER AREA ALTERATIONS MISCELLANEOUS PROVISIONS [F. R. Doc. 50-7733; Filed, Sept. 5, 1950; The danger area alterations appearing § 965.90 Agents. The Secretary may, 8:45 a. m.] hereinafter have been cordinated with by designation in writing, name any the civil operators involved, the Army, officer or employee of the United States the Navy, and the Air Force, through the to act as his agent or representative in Air Coordinating Committee, Airspace connection with any of the provisions [1950 CCC Cotton Bulletin 1] Subcommittee, and are adopted when hereof. indicated in order to promote safety of § 965.91 Separability of provisions. P art 607—Cotton the flying public. Compliance with the If any provision hereof, or its appli­ S ubpart—1950 C otton Loan P rogram notice, procedures, and effective date cation to any person or circumstances, provisions of section 4 of the Adminis­ is held invalid the application of such 1950 COTTON LOAN BULLETIN trative Procedure Act would be imprac­ provisions, and of the remaining provi­ Correction ticable and contrary to the public in­ sions hereof, to other persons or circum­ terest, and therefore is not required. In Federal Register Document 50-7032, Title 14, § 60.13-1 is amended as follows: stances shall not be affected thereby. published at page 5187 of the issue for Issued at Washington, D. C. this 31st Frida5>August 11, 1950, the following 1. A Lighthouse Rocks, Kodiak, Alaska, day of August, 1950, to be effective on changes should be made in the schedule area is added to read: and after the 1st day of September, 1950. Name and location Description by geographical Designated Time of desig­ Using agency (chart) coordinates altitudes nation [ seal] C. J„ M cCormick, Acting Secretary of Agriculture. LIGHTHOUSE ROCKS A circular area having a Surface to Continuous... Commander, Naval Air­ [F. R. Doc. 50-7799; Filed, Sept. 5, 1950; (Kodiak Island) (WAC. radius of 5 miles centered unlimited. bases, 17th Naval Dis­ 136). at lat. 55°47'00" N, long. trict, Kodiak, Alaska. » 8:46 a. m.] 157°26'00" W.

(Sec. 205, 52 Stat. 984, as amended; 49 U. S. C. practicable and contrary to public in­ TITLE 6— AGRICULTURAL CREDIT 425. Interpret or apply sec. 601, 52 Stat. 1007, terest, and therefore is not required. a s amended; 49 U. S. C. 551) Part 600 is amended as follows: Chapter IV— Production and Market­ ing Administration and Commodity This amendment shall become effective 1. Section 600.209 is amended to read: on September 8, 1950. Credit Corporation, Department of § 600.209 Red civil airway No. 9 (San [seal] D onald W. N yrop, Diego, Calif., to Winslow, Ariz.) From Agriculture Acting Administrator of the San Diego, Calif., radio range station Subchapter C— Loans, Purchases, and Other Civil Aeronautics. via the intersection of the east course Operations [F. R. Doc. 50-7749; Filed, Sept. 5, 1950; of the San Diego, Calif., radio range and 8:45 a. m.] the west course of the El Centro, Calif., [1950 C. C. C. Grain Price Support Bulletin 1, radio range; El Centro, Calif., radio range Supp. 1, Amdt. 1, Dry Edible Beans] station; Yuma, Ariz., radio range sta­ P art 601—G rains and R elated tion; Gila Bend, Ariz., radio range sta­ Commodities tion to the intersection of the east course Chapter II— Civil Aeronautics Admin­ of the Gila Bend, Ariz., radio range and S ubpart— 1950-Crop D ry Edible B ean istration, Department of Commerce the northwest course of the Tucson, Loan and P urchase A greement P ro­ [Amdt. 32] Ariz., radio range. From the Phoenix, gram Ariz., VHF radio range station to the warehouse receipts P art 600—D esignation of Civil Airways Winslow, Ariz., VHF radio range station. The regulations issued by Commodity miscellaneous amendments 2. Section 600.211 is amended to read: Credit Corporation and the Production and Marketing Administration, pub­ The civil airway alterations appearing § 600.211 Red civil airway No. 11 lished in 15 F. R. 3147 and 4573, govern­ hereinafter have been coordinated with (Tulsa, Okla., to Boston, Mass.). From ing the making of loans and containing the civil operators involved, the Army, the intersection of the northeast course the requirements of the purchase agree­ of the Tulsa, Okla., radio range and the the Navy, and the Air Force, through south course of the Chanute, Kans., radio ment program on dry edible beans pro­ the Air Coordinating Committee, Air­ duced in 1950 are hereby amended to range via the Springfield, Mo., radio space Subcommittee, and are adopted range station; Vichy, Mo., radio range change § 601.174, Warehouse receipts when indicated in order to promote paragraph (b) in its entirety, as follows i station to the intersection of the north­ (b) Each warehouse receipt must (1) safety of the flying public. Compliance east course of the Vichy, Mo., radio range set forth in its written terms that the with the notice, procedures, and effective and the west course of the St. Louis, Mo., beans are insured for not less than mar­ date provisions of section 4 of the Ad­ radio range. From the intersection of ket value against the hazards of fire, ministrative Procedure Act would be im­ the east course of the St. Louis, Mo., Wednesday, September 6, 1950 FEDERAL REGISTER 5991 radio range and the west course of the £ans., radio range and the northwest “From the intersection of the west Evansville, Ind., radio range via the course of the Gage, Okla., radio range; course of the El Centro, Calif., radio Evansville, Ind., radio range station; Gage, Okla., radio range station to the range and a bearing 150° magnetic from Louisville, Ky., radio range station; the Oklahoma City, Okla., radio range sta­ the Julian, Calif., non-directional radio intersection of the east course of the tion. beacon to the Julian, Calif., non-direc­ Louisville, Ky., radio range and the tional radio beacon.” southwest course of the Huntington, 7. Section 600.260 is amended to read: W. Va., radio range to the Huntington, § 600.260 Red civil airway No. 60 12. Section 600.621 is amended to read: W. Va., radio range station. From the (Oakland, Calif., to Stockton, Calif.). § 600.621 Blue civil airway No. 21 intersection of the east course of the From the Oakland, Calif., radio range (Charleston, W. Va., to Erie, Pa.). From Clear Creek, Ont., Canada, radio range station via the Stockton, Calif., radio the Charleston, W. Va., radio range sta­ and the southwest course of the Buffalo, range station to the intersection of the tion via the intersection of the north N. Y., radio range to the Danville, N. Y., east course of the Stockton, Calif., radio course of the Charleston, W. Va., radio non-directional radio beacon. From the range and the southeast course of the range and the southwest course of the Elmira, N. Y., radio range station via the Sacramento, Calif., radio range. Parkersburg, W. Va., VHF radio range; Albany, N. Y., radio range station to the Parkersburg, W. Va., VHF radio range intersection of the northeast course of 8. Section 600.272 is amended to read: station; the intersection of the northeast the Hartford, Conn., radio range and the § 600.272 Red civil airway No. 72 course of the Parkersburg, W. Va., VHF west course of the Boston, Mass., radio (Millville, N. J., to Idlewild, N. Y.). radio range and the southwest course range. From the Boston, Mass:, radio^ From the intersection of the southwest of the Wheeling, W. Va., VHF radio range range station to the intersection of the' course of the Millville, N. J., radio range to the Wheeling, W. Va., VHF radio range east course of the Boston, Mass., radio and the south course of the New Castle, station. From the intersection of the range and the northeast course of the Del., radio range via the New Castle, northwest course of the Pittsburgh, Pa., Squantum, Mass., ¡(Navy) radio range. Del., radio range station to the inter­ radio range and the south course of the 3. Section 600.1221 Red civil airway No. section of the north course of the New Youngstown, Ohio, radio range via the 21 (Pittsburgh, Pa., to Boston, Mass.) is Castle, Del., radio range and the west Youngstown, Ohio, radio rangg station amended by deleting the words “the course of the Philadelphia, Pa., radio to the intersection of the north course Pittsburgh, Pa., radio range station via” range. From the intersection of the of the Youngstown, Ohio, radio range appearing in the first sentence of that east course* of the Harrisburg, Pa., and the southwest course of the Erie, section. radio range and the southwest course Pa., radio range. 4. Section 600.234 is amended to read: of the Willow Grove, Pa., radio range via the Willow Grove, Pa., radio range 13. Section 630.627 Blue civil airway § 600.234 Red civil, airway No. 34 station to the intersection of the north­ No. 27 (Kodiak, Alaska, to Kotzebue, (Charleston, TV. Va., to Elizabeth City, east course of the Willow Grove, Pa., Alaska) is amended by changing the N.C.). From the intersection of the east radio range and the east course of the name “Naknek, Alaska” to “King Sal­ course of the Charleston,' W. Va,., VHF Allentown, Pa., radio range. From the mon, Alaska”. radio range and the north course of the Idlewild, N. Y., radio range station to 14. Section 600.631 is amended to read: Pulaski, Va., radio range via the Pulaski, the intersection of the southeast course Va., radio range station to the Greens­ of the Idlewild, N. Y., radio range and § 600.631 Blue civil airway No. 31 boro, N. C., radio range station. From the southwest course of the Islip, N. Y., (Burlington, Iowa to Moline, III.). From the intersection of the northeast course VHF radio range. the intersection of the northeast course of the Greensboro, N. C., radio range and of the Burlington, Iowa, radio range and the northwest course of the Raleigh, 9. Section 600.291 is amended to read: the south course of the Moline, 111., radio N. C., radio range; Raleigh, N. C., radio § 600.291 Red civil airway No. 91 range to the Moline, 111., radio range range station; the intersection of the (Salt Flat, Tex., to Hobbs, N. Mex.). station. southeast course of the Raleigh, N. C., From the intersection of the east course 15. Section 600.637 is amended to read: radio range and the southwest course of of the Salt Flat, Tex., radio range and the Rocky Mount, N. C., VHF radio the southwest course of the Carlsbad, § 600.637 Blue civil airway No. 37 range; Rocky Mount, N. C., VHF radio N. Mex., radio range via the Carlsbad, (Casper, Wyo., to Rapid City, S. Dak.). range station; the intersection of the N. Mex., radio range station to the From the intersection of the east course northeast course of the Rocky Mount, Hobbs, N. Mex., radio range station. of the Sinclair, Wyo., radio range and N. C., VHF radio range and the west the northwest course of the Laramie, course of the Elizabeth City, N. C., VHF 10. Section 600.294 is added to read: Wyo., radio range via the Casper, Wyo., radio range; Elizabeth City, N. C., VHF § 600.294 Red civil airway No. 94 radio range station to the intersection radio range station to the Weeksville, (Providence, R. I., to Hyannis, Mass.). of the southeast course of the Sheridan, N. C. (Coast Guard), radio range station, From the Providence, R. I., radio range Wyo., radio range and the west course excluding that portion overlapping station via the Otis AFB, Falmouth, of the Rapid City, S. Dak., radio range. danger areas. Mass., non-directional radio beacon lo­ 16. Section 600.639 Blue civil airway 5. Section 600.237 Red civil airway No. cated at Lat. 41°36'15", Long. 70°32'31", No. 39 (Knoxville, Tenn., to United 37 (Dallas, Tex., to Gordonsvïlle, Va.) to the Hyannis, Mass., non-directional States-Canadian Border) is amended by is amended by changing the last sentence radio beacon, excluding that portion changing the first sentence of that sec­ of that section to read : “From the inter­ which lies more than 2 miles north of tion to read: “From the Tri-City, Tenn., section of the northeast course of the the centerline between the intersection radio range station via the Paynesville, Huntington, W. Va., radio range and the of the east course of the Providence radio W. Va., non-directional radio beacons; west course of the Charleston, W. Va., range and the northeast course of the the intersection of the southeast course VHF radio range via the Charleston, W. Quonset Point, R. I. (Navy) radio range of the Huntington, W. Va., radio range Va., VHF radio range station; the inter­ and the Otis AFB non-directional radio and the south course of the Charleston, section of-the east course of the Charles­ beacon and excluding that portion which W. Va., radio range to the Charleston, ton, W. Va., VHF radio range and the lies more than 4 miles north of the cen­ W. Va., radio range station.” north course of the Roanoke, Va., radio terline between the Otis AFB non- range; Roanoke, Va., radio range station; directional radio b e a c o n and the 17. Section 600.660 is amended to read: Lynchburg, Va., radio range station to Hyannis, Mass., non-directional radio § 600.660 Blue civil airway No. 60 the Gordonsville, Va., radio range sta­ beacon. (Sunnyvale, Calif., to Stockton, Calif.). tion.” 11. Section 600.614 Blue civil airway From the intersection of the northwest 6. Section 600.259 is amended to read: No. 14 (El Centro, Calif., to Sacramento, course of the Salinas, Calif., VHF radio Calif.) is amended by deleting the first range and the west course of the Moffett § 600.259 Red civil airway No. 59 sentence of that section which reads: Field (Sunnyvale), Calif., (Navy) radio (Garden City, Kans., to Oklahoma City, “From the Mt. Laguna, Calif., non-direc­ range via the Moffett Field (Sufifiyvale), Okla.). From the Garden City, Kans., tional radio marker beacon to the Ocean- Calif., (Navy) radio range station to radio range station via the intersection side, Calif., non-directional radio marker the intersection of the northeast course of the south course of the Garden City, beacon.” and adding in lieu thereof: of the Moffett Field (Sunnyvale), Calif., No. 172-----2 5992 RULES AND REGULATIONS

(Navy) radio range and the west course 5. Section 601.272 is amended 15. Section 601.1131 is added to read: of the Stockton, Calif., radio range. changing caption to read: “Red civil air­ § 601.1131 Control area extension way No. 72 control areas (Millville, N. J., 18. Section 600.669 is amended to read: (.Ottumwa, Iowa). Prom the Ottumwa, to Idlewild, N. Y.).” Iowa, non-directional radio beacon ex­ § 600.669 Blue civil airway No. 69 (St. 6. Section 601.294 is added to read: tending 5 miles either side of a bearing Louis, Mo., to Des Moines, Iowa). From § 601.294 Red civil airway No. 94 con­ 180° magnetic from the non-directional the intersection of the north course of trol areas (Providence, R. I., to Hyannis, radio beacon to a point 20 miles south of the St. Louis, Mo., radio range and the Mass.). All of Red civil airway No. 94. the non-directional radio beacon. southwest course of the Springfield, 111., radio range via the Quincy, 111., non- 7. Section 601.627 Blue civil airway No. 16. Section 601.1133 is added to read: directional radio beacon; the Ottumwa, 27 control areas (Kodiak, Alaska, to § 601.1133 Control area extension Iowa, non-directional radio beacon to Kotzebue, Alaska) is amended by chang­ (Seattle, Wash.). All that area south­ the Des Moines, Iowa, radio range ing the name “Naknek, Alaska” to “King west of the Seattle, Wash., radio range station. Salmon, Alaska.” station bounded on the north and west 19. Section 600.670 is added to read: 8. Section 601.631 is amended by by Blue civil airway No. 71 and on the changing caption to read: “Blue civil east by Amber civil airway No. 1, exclud­ § 600.670 Blue civil airway No. 70 airway No. 31 control areas (Burlington, ing the Fort Lewis, Wash., danger area. (Ardmore, Okla., to Tulsa, Okla.). From Iowa, to Moline, III.).“ the Ardmore, Okla., non-directional ra­ 17. Section 601.1149 is amended to dio beacon to the Tulsa, Okla., radio 9. Section 601.639 is amended to read: read: range station. § 601.639 Blue civil airway No. 39 con­ § 601.1149 Control area extension (Norfolk, Va.). From the Norfolk, Va. 20. Section 600.671 is added to read: trol areas (Knoxville, Tenn., to United States-Canadian Border). All of Blue (Navy) radio range station extending 5 § 600.671 Blue civil airway No. 71 civil airway No. 39 from the Tri-City, miles either side of the east course of (Toledo, Wash., to Seattle, Wash.). Tenn., radio range station to a line ex­ the Norfolk, Va. (Navy) radio range to From the Toledo, Wash., radio range tended at right angles across such airway its intersection with the south course of station via the Shelton, Wash., radio through a point 25 miles northeast of the the Chincoteague, Va. (Navy) radio, range station to the Seattle, Wash., ra­ Tri-City, Tenn., radio range station; range, excluding that portion below 2,000 dio range station. from the Paynesville, W. Va., non-direc- feet. (Sec. 205, 52 Stat. 984, as amended; 49 U. S. C. tional radio beacon to the United States- 18. Section 601.1169 is amended to 425. Interprets or applies secs. 301, 302, 307, Canadian Border. 52 Stat. 985, 986, as amended; 49 U. S. C. 451, read: 452, 457) 10. Section 601.669 is amended to read: § 601.1169 Control area extension (Idlewild, N .Y .). From the intersection This amendment shall become effec­ § 601.669 Blue civil airway No. 69 con­ of the southwest course of the Islip, N. Y., tive 0001 e. s. t., September 5, 1950. trol areas (St. Louis, Mo., to Des Moines, VHF radio range and the west course of [ seal] D onald W. N yrop, Iowa). All of Blue civil airway No. 69. the Nantucket, Mass., VHF radio range Acting Administrator of 11. Section 601.670 is added to read: extending 5 miles either side of the west Civil Aeronautics. course of the Nantucket, Mass., VHF ra­ [P. R. Doc. 50-7763; Filed, Sept. 5, 1950; § 601.670 Blue civil airway No. 70 con­ dio range to the Nantucket, Mass., VHF 8:46 a. m.] trol areas (Ardmore, Okla., to Tulsa, radio range station, excluding that por­ Okla.). All of Blue civil airway No. 70. tion below 2,000 feet. . 12. Section 601.671 is added to read: 19. Section 601.1178 is added to read: [Arndt. 35] § 601.671 Blue civil airway No. 71 con­ § 601.1178 Control area extension (Honolulu, T. H.). All that area within P art 601—D esignation op Control Areas, trol areas (Toledo, Wash., to Seattle, Wash.). All of Blue civil airway No. 71. a radius of 25 miles from the Honolulu Control Zones, and R eporting P oints radio range station extending clockwise MISCELLANEOUS AMENDMENTS 13. Section 601.1063 is amended to from a point 25 miles northeast of the read: radio range station on Green civil airway The control area, control zone and re­ No. 9 to a point 25 miles southwest of porting point alterations appearing here­ § 601.1063 Control area extension the radio range station on Green civil inafter have -been coordinated with the (Roanoke, Va.). From the Roanoke, Va., civil operators involved, the Army, the radio range station extending 5 miles airway No. 9. Navy, and the Air Force, through the Air either side of the south course of the 20. Section 601.1179 is added to read: Coordinating Committee, Airspace Sub­ Roanoke, Va., radio range to a point 20 § 601.1179 Control area extension committee, and are adopted when indi­ miles south of the radio range station. (Hilo, T. H.). All that area within a cated in order to promote safety of the radius of 25 miles from the Hilo radio flying public. Compliance with the no­ 14. Section 601.1071 is amended to read: range station extending clockwise from tice, procedures, and effective date pro­ à point 25 miles north of the Hilo radio visions of section 4 of the Administrative § 601.1071 Control area extension range station on Amber civil airway No. • Procedure Act would be impracticable (Burbank, Calif.). From the Burbank, 12 to a point 25 miles east of the Hilo and contrary to public interest, and Calif., radio range station extending 5 radio range station on Red civil airway therefore is not required. Part 691 is miles either side of the southwest course No. 87. amended as follows: of the Burbank radio range to the inter­ 21. Section 601.1180 is added to read: 1. Section 601.211 is amended by section of the southwest course of the changing caption to read : “Red civil air­ Burbank radio range and the west course § 601.1180 Control area extension way No. 11 control areas (Tulsa, Okla., of the Los Angeles, Calif., VHF radio (San Antonio, Tex.). Within a 10 mile to Boston, Mass.).“ range, and all that area bounded on the radius of the Randolph Air Force Base . 2. Section 601.234 is amended by south by the northern limits of Green radio range station, excluding that por­ changing caption to read: “Red civil air­ civil airway No. 5, on the west by the tion which overlaps Amber civil airway way No. 34 control areas (Charleston, eastern limits of Amber civil airway No. No. 4. W. Va., to Elizabeth City, N. C.).“ 1, on the east by the western limits of 22. Section 601.1181 is added to read: 3. Section 601.259 is amended by Amber civil airway No. 2, and on the changing caption to read: “Red civil air­ north by a line 5 miles north of and par­ § 601.1181 _ Control area extension way No. 59 control areas (Garden City, allel to the center line of the on-course (Elizabeth City, N. C.). That area Kans., to Oklahoma City, Okla.).“ signal of the southeast course of the within tangent lines drawn from the cir­ 4. Section 601.260 is amended by Burbank, Calif., radio range from the cumference of a circle 5 miles in radius changing caption to read: “Red civil air­ eastern limits of Amber civil airway No. centered on the Weeksville, N. C. (Navy) way No. 60 control areas (Oakland, Calif., 1 to the western limits of Amber civil radio range station to a circle 10 miles to Stockton, Calif.).” airway No. 2. in radius centered on the intersection of /

Wednesday, September 6, 1950 FEDERAL REGISTER t 5993

the southeast course of the Weeksville, beacon to a point 10 miles north «f the TITLE 32— NATIONAL DEFENSE N. C. (Navy) radio range and the western non-directional radio beacon. . boundary of the New York Oceanic Con­ 30. Section 601.2268 is added to read: Chapter V— Department of the Army trol Area, excluding that portion below 2,000 feet which lies outside the conti­ § 601.2268 Ottumwa, Iowa, control Subchapter F— Personnel nental limits of the United States. zone. Within a 5, mile radius of the Ot­ tumwa Airport extending 2 miles either P art 578—D ecorations, M edals, R ibeons, 23. Section 601.1182 is added to read: side.of a bearing 180° magnetic from the and S imilar D evices § 601.1182 Control area extension Ottumwa non-directional radio beacon MISCELLANEOUS AMENDMENTS {Enid, Okla.). Prom the Enid, Okla., to a point 10 miles south of the airport. Part 578 is hereby amended by chang­ Vance Air Force Base radio range sta­ 31. Section 601.2269 is added to read: tion extending 5 miles either side of the ing paragraphs (b) and (d) of § 578.48, northwest course of the radio range to § 601.2269 Fort Dix, N. J„ control zone. and adding a new § 578. 48a, to read as the southern boundary of Green civil Within a 7 mile radius of the McGuire follows : Air Force Base extending 5 miles either airway No. 4, extending 5 miles either § 578.48 Army of Occupation side of the northeast course of the radio side of the southwest course of the Mc­ Medal. * * * range to the western boundary of Blue Guire AFB radio range to a point 10 miles civil airway No. 5, extending 5 miles southwest of the radio range station, ex­ (b) Requirements. * * * either side of the southeast course of the cluding that portion which lies over Red (3) Army of Occupation of Japan be­ radio range to the western boundary of civil airway No. 3, the Fort Dix, N. J., tween September 3,1945, and a terminal Blue civil airway No. 5, and extending danger area, and the Lakehurst, N. J., date to be announced later in the four 5 miles either side of the southwest caution area. main islands of Hokkaido, Honshu, Shi­ koku, and Kyushu, the surrounding course of the radio range to a point 25 32. Section 601.2270 is added to read: miles southwest of the Vance APB radio smaller islands of the Japanese home­ range station. § 601.2270 Enid, Okla., control zone. land, the Ryukyu Islands, and the Within a 5 mile radius of the Vance Air Bonin-Volcano Islands. (Service be­ 24. Section 601.1984 is amended by Force Base extending 2 miles either side tween September 3, 1945, and March 2, adding the following airport: of the northeast coursé of the Vance 1946, will be counted only if the Asiatic- Lihue? Kauai, T. H. : Lihue Airport. AFB radio range to a point 10 miles Pacific Campaign Medal was awarded northeast of the radio range station. for service prior to September 3, 1945.) 25. Section 601.2180 is amended to "{4) Army of Occupation of Korea be­ read: 33. Section 601.4211 is amended by tween September 3, 1945, and June 29, § 601.2180 Oakland, Calif., control changing caption to read: "Red civil air­ 1949, inclusive. (Service between Sep­ zone. Within a 5 mile radius of the way No. 11 {Tulsa, Okla., to Boston, tember 3, 1945, and March 2, 1946, will Oakland Municipal Airport extending 2 Mass.).” be counted only if the Asiatic-Pacific miles either side of the northwest course 34. Section 601.4234 is amended by Campaign Medal was awarded for serv­ of the Oakland, Calif., radio range to a changing caption to read: "Red civil air­ ice prior to September 3, 1945.) way No. 34 {Charleston, W. Va., to Eliza­ * * * * * point 10 miles northwest of the radio beth City, N. C.).” range station, extending 2 miles either (d) Berlin airlift device—(1) Descrip­ side of the southeast course of the radio 35. Section 601.4259 is Amended by tion. The Berlin airlift device is a gold- range to the Newark fan marker, and changing caption to read: "Red civil air­ colored metal miniature of a C-54 type extending 2 miles either side of the way No. 59 {Garden City, Kans., to Okla­ aircraft of %-inch wing span, other di­ southwest course of the radio range to homa City, Okla.).” 36. Section 601.4260 is amended by mensions proportionate. a point 6.25 miles southwest of the Oak­ (2) Requirements—(i) General. Serv­ land radio range station. changing caption to read: "Red civil air­ way No. 60 {Oakland, Calif., to Stockton, ice for 90 consecutive days while assigned 26. Section 601.2187 is amended to Calif.).” or attached to a unit in the Army of read: 37. Section 601.4272 is amended by Occupation of Germany which has been changing caption to read: "Red civil air­ designated in general orders of the De­ § 601.2187 San Francisco, Calif., con­ way No. 72 {Millville, N. J., to Idlewild, partment of the Army or Departrireht of trol zone. Within a 5 mile radius of the N. Y.)” the Air Force as participating in the San Francisco Municipal Airport extend­ 38. Section 601.4294 is added to read: Berlin airlift between June 26,1948, and ing 2 miles either side of the southeast September 30, 1949, inclusive. course of the San Francisco radio range § 601.4294 Red civil airway No. 94 (ii) Posthumous. Awards may be to the Belmont fan marker, extending {Providence, R. I., to Hyannis, Mass.), made to those persons who lost their 2 miles either side of the northwest No reporting point designation. lives while participating in the Berlin course of the radio range to a point 10 39. Section 601.4631 is amended by airlift, or as a direct result of participat­ miles northwest of the radio range sta­ changing caption to read : "Blue civil air­ ing therein, without regard to the length tion, and extending 2 miles either side way No. 31 {Burlington, Iowa, to Moline, of such service, provided all other re­ of the northeast course of the radio III.)." quirements prescribed in subdivision (i) range to a point 6.25 miles northeast of 40. Section 601.4670 is added to read: of this subparagraph have been complied the radio range station, with. § 601.4670 Blue civil airway No. 70 (iii) Wearing. The device will be*worn 27. Section 601.2192 Mana, Kauai, T. {Ardmore, Okla., to Tulsa, Okla.). No on the service ribbon or on the suspen­ H. (Barking Sands AFB) control zone is reporting point designation. revoked. sion ribbon of the medal with the nose 28. Section 601.2192 is added to read: 41. Section 601.4671 is added to read: pointing upward at a 30° angle and § 601.4671 Blue civil airway No. 71 towards the wearer’s right. No indi­ § 601.2192 Ontario, Calif., control (Toledo, Wash., to Seattle, Wash.). No vidual will wear more than one Berlin zone. Within a 5 mile radius of the airlift device, regardless of the number Ontario, Calif., International Airport ex­ reporting point designation. tending 2 miles either side of a bearing (Sec. 205, 52 Stat. 084, as amended; 40 of times he may qualify for the award. 74° magnetic from the airport to a point TJ. S. C. 425. Interprets or applies secs. 301, § 578.48a Medal for Humane Action. 15 miles east of the airport. 302, 307, 52 Stat. 985, 986, as amended; 49 U. S. C. 451, 452, 457.) Established by the Act of July 20, 1949 29. Section 601.2264 is amended to (63 Stat. 447; 10 U. S. C. 1430d, Supp. read: This amendment shall become effec­ III). tive 0001 e. s. t., September 5, 1950. (a) Description. The medal of bronze § 601.2264 Dunkirk, N. y{.,. control [ se a l] D onald W . N y r o p , Is 1 Vi inches in diameter On the obverse zone. Within a 5 mile radius of the Acting Administrator of Is a facsimile of a C-54 airplane within a Dunkirk Municipal Airport extending 2 Civil Aeronautics. wreath of wheat centering at the bottom miles either side of a track 05° magnetic [F. R. Doc. 50-7764; Filed, Sept. 5, 1950; of the coat of arms of the city of Berlin, from the Dunkirk non-directional radio 8:46 a. m ] Germany. The reverse bears the eagle, \

5994 RULES AND REGULATIONS shield, and arrows from the seal of the ments prescribed in subparagraph (1) of this paragraph have been complied Sub­ Quar­ Department of Defense beneath the sist­ ters Total Travel words “For Humane Action” and above With. —^2 ence the quotation “To Supply Necessities Of (c) Boundaries of area of Berlin air», Life To The People of Berlin, Germany.” lift operations—(1) Northern boundary. Add Class XXVI------None $1.00 $1.00 $7.00 The medal is suspended by a ring from 54th parallel north latitude. Netherlands a silk moire ribbon 1% inches in length (2) Eastern boundary. 13th meridian Deletedfrom Class I----- None None None 7.00 and 1% inches in width, banded in black east longitude. and (%2-inch) on each edge symmetrically (3) Southern boundary. 48th parallel Place in Class XXVI__ None 1.00 1.00 7.00 inclosing white stripes (%6-inch) outside north latitude. blue bands (%2-inch) followed by white (4) Western boundary. 5th meridian Effective August 1,1950, Appendix A is stripes (%4-inch) centering one stripe of west longitude. (d) Awards.

PROPOSED RULE MAKING

DEPARTMENT OF THE TREASURY § 173.3 Definitions. * * * § 173.5 Records to be maintained. (b) “Substance” shall mean and in­ Every person in the United States who Bureau of Internal Revenue clude, but not by way of limitation, any disposes of any substance, as defined in of the following which are used in the § 173.3 (b), and who has been required [ 26 CFR, Part 173 1 manufacture of distilled spirits: Any to render returns under the provisions grade or type of sugar, sirup, or molasses of § 173.4 (a), shall keep at his place of S ubstances U sed in the M anufacture of derived from iSUgar cane, sugar beets, business such books, records, documents, D istilled S pirits corn, sorghum, or any other source; papers, invoices, bills of lading, etc.,' re­ NOTICE OF PROPOSED RULE-MAKING starch; potatoes; grain or corn meal, lating to or connected with any such dis­ position, as will enable such person to A notice is hereby given, pursuant to corn chops, cracked corn, rye chops, middlings, shorts, bran, or any other make the return provided for by § 173.4 the Administrative Procedure Act, ap­ (a). Such books, records, documents, proved June 11, 1946, that the regula­ grain derivative; malt; malt sugar, or malt sirup; oak chips, charred or not papers, invoices, bills of lading, etc., shall tions set forth in tentative form below be kept readily available for, and open are proposed to be prescribed by the charred; charred kegs or barrels; yeast; cider; honey; fruits; grapes; berries; to, inspection by any officer or employee Commissioner of Internal Revenue, with of the Alcohol Tax Unit of the Bureau of the approval of the Secretary of the fruit, grape, or berry juices or concen­ trates; wine; caramel; burnt sugar; gin Internal Revenue during the hours of Treasury. Prior to final adoption of such business of such person. regulations, consideration will be given, flavor; Chinese bean cake or Chinese to any data, views, or arguments pertain­ wine cake; urea; ammonium phosphate, (53 Stat. 308, 373, as amended, 375; 26 U. S. C. ing thereto which are submitted in writ­ ammonium carbonate, ammonium sul­ 2811, 3170, 3176) ing, in duplicate, to the Commissioner of phate, or any other yeast food; or any 3. The purposes of these proposed Internal Revenue, Washington 25, D. C., other fermentable material of the char­ amendments are as follows: within the period of 30 days from the acter used in the manufacture of distilled (a) To include in the definition of date of this notice in the F ederal R egis­ spirits, or any chemical or other material “Substances” the words “charred kegs ter. The proposed regulations are to be and barrels,” in order that returns may suitable for promoting or accelerating be required from distributors of such issued under authority of 53 Stat. 308, fermentation; or any combination of 373, as amended, 375; 26 U. S. C. 2811, containers. 3170, 3176. such materials or chemicals. (b) To eliminate language originally * * * * included which specified minimum quan­ [ seal] G eo. J. S choeneman, (53 Stat. 308, 373, as amended, 375; 26 U. S. G. tities of raw materials on which records Commissioner of Internal Revenue. 2811, 3170, 3176)^ were to be maintained by distributors. 1. Section 173.3 (b) of Regulations The quantities to be recorded are now 17 (26 CFR Part 173), approved July 11, 2. Section 173.5 of Regulations 17 (26 designated by the “demand letters” and 1945, relating to the disposition of sub­ CFR Part 173), approved July 11, 1945, no records are required of persons not stances used in the manufacture of dis­ relating to disposition of substances used under demand to make returns. tilled spirits is hereby amended to read in the manufacture of distilled spirits is 4. This Treasury decision shall be ef­ as follows; hereby amended to read as follows: fective on the 31st day after the date Wednesday, September 6, 1950 FEDERAL REGISTER 5995 of its publication in the F ederal R eg is­ in promoting more orderly marketing of Sec. t e r . Irish potatoes grown therein^and may 920.9 Fiscal year. [F. R. Doc. 50-7759; Filed, Sept. 5, 1950; tend to increase the returns of the 920.101 Committee. 8:45 a. m.] growers of such potatoes, such law does 920.11 District. not prevent a grower from marketing his 920.12 Varieties. 920.13 Seed potatoes. entire potato crop, regardless of the 920.14 Table stock potatoes. DEPARTMENT OF AGRICULTURE grade and size of the potatoes therein 920.15 Wholesale pack. contained, and such law is not, therefore, 920.16 Consumer pack. Production and Marketing an adequate substitute for the proposed 920.17 Grade. Administration marketing order in effectuating the de­ 920.18 Export. 920.19 t 7 CFR, Part 920 ] clared policy of the act. To the extent Part and sub-part. that the findings and conclusions herein COMMITTEE [Docket No. AO-221-ROl] are at variance with any of the excep­ 920.22 Establishment and membership. H andling of Irish P otatoes G rown in tions pertaining thereto such exceptions 920.23 Term of office. M assachusetts, R hode I sland, Con­ are denied for the foregoing reasons and 920.24 Districts. necticut, N ew H ampshire, and V er­ on the basis of the findings and con­ 920.25 Selection. mont clusions relating to the issues to which 920.26 Nomination. the exceptions referred. 920.27 Failure to nominate. decision w ith respect to proposed The material issues and the findings 920.28 Acceptance. marketing agreement and order and conclusions of the recommended de­ 920.29 Vacancies. 920.30 Alternate members. Pursuant to Public Act No. 10, 73d cision set forth in the F ederal R egister 920.31 Procedure. Congress (May 12, 1933), as amended (F. R. Doc. 50-7082; 15 F. R. 5395, 5635) 920.32 Expenses and compensation. and as reenacted and amended by the are hereby approved, adopted, and incor­ 920.33 Powers. Agricultural Marketing Agreement Act porated herein as the material issues and 920.34 Duties. the findings and conclusions of this de­ of 1937, as amended (48 Stat. 31, as EXPENSES, assessments , a n d b u d g e ts amended; 7 U. S. C. 601 et seq.; 61 Stat. cision as if set forth in full herein. 202, 707; 62 Stat. 1247; 63 Stat. 1051), Marketing agreement and order. An­ 920.40 Budget. nexed hereto and made a part hereof are 920.41 Expenses. and the applicable rules of practice and 920.42 Hate of assessment. procedure governing proceedings to for­ two documents entitled, respectively, 920.43 Increasing rate of assessment. mulate marketing agreements and mar­ “Marketing Agreement Regulating the 920.44 Accounting. keting orders (7 CFR Part 900), a public Handling of Irish Potatoes Grown in the 920.45 Refunds. hearing upon a proposed marketing States of Massachusetts, Rhode Island, 920.46 Collection of funds. agreement and a proposed marketing Connecticut, New Hampshire, and Ver­ * REGULATION order regulating the handling of Irish mont,” and “Order Regulating Handling potatoes grown in the States of Massa­ of Irish Potatoes Grown in the States of 920.50 Marketing policy preparation. 920.51 Marketing policy reports. chusetts, Rhode Island, Connecticut, Massachusetts, Rhode Island, Connecti­ 920.52 Committee recommendations. New Hampshire, and Vermont, was cut, New Hampshire, and Vermont,” 920.53 Issuance of regulations. opened at West Springfield, Massachu­ which have been decided upon as the 920.54 Modification, suspension, or termi­ setts, on April 17, 1950, pursuant to no­ appropriate and detailed means of effec­ nation. tice thereof in the F ederal R egister (15 tuating the foregoing conclusions. The 920.55 Minimum quantity regulation. F. R. 1809), recessed April 20, 1950, and aforesaid, marketing agreement and the 920.56 Notification of regulation. reopened June 20, 1950, following notice aforesaid order shall not become effec­ 920.57 Safeguards. of such reopening published in the F ed­ tive unless and until the requirements of INSPECTION eral R egister (15 F. R. 3191). § 900.14 of the aforesaid rules of practice 920.65 Inspection and certification. Upon the basis of the evidence intro­ and procedure governing proceedings to duced at the aforesaid hearing and the formulate marketing agreements and EXEMPTIONS record thereof, the Assistant Adminis­ marketing orders have been met. 920.70 Procedure. trator, Production and Marketing Ad­ It is hereby ordered, That all of this 920.71 Granting exemptions. ministration, on August 9, 1950, filed decision, except the attached agreement, 920.72 Appeal. with the Hearing Clerk, United States 920.73 Records, reports, and review of ex­ be published in the F ederal R egister. emptions. Department of Agriculture, his. recom­ The regulatory provisions of the said mended decision in this proceeding. agreement are identical with those con­ MISCELLANEOUS PROVISIONS The notice of the filing of such recom­ tained in the attached order, which will 920.80 Reports. " mended decision, affording opportunity be published with this decision. 920.81 Compliance. to file written exceptions thereto, was 920.82 Right of the Secretary. published in the F ederal R egister (15 Done at Washington, D. C., this 31st 920.83 Effective time. F. R. 5395, 5635). day of August 1950. 920.84 Termination. Rulings. Exceptions to the recom­ 920.85 Proceedings after termination. [ seal! C. J. M cCormick, 920.86 Effect of termination or amendment. mended decision of the Assistant Admin­ Acting Secretary of Agriculture. 920.87 istrator were filed by Roderick H. King, Duration of immunities. Order1 Regulating the Handling of Irish 920.88 Agents. ' - . Chairman of the Farm Bureau Potato 920.89 Derogation. Committee, Connecticut State Farm Potatoes Grown in the States of Mas­ 920.90 Personal liability. Bureau Federation, Inc., and by Alfred sachusetts, Rhode Island, Connecticut, 920.91 Separability. L. French, Managing Director, New New Hampshire, arid Vermont 920.92 Amendments. Hampshire Farm Bureau Federation. Sec. A u t h o r i t y : §§920.0 to 920.92, Inclusive, Each of such exceptions was fully and 920.0 Findings and determintations. issued under 48 Stat. 31, as amended; 7 U. S. C. 601 et seq.; 61 Stat. 202, 707; 62 Stat. carefully considered together with the DEFINITIONS evidence in the record, in arriving at 1247; 63 Stat. 1051. 920.1 Secretary. the findings and conclusions set forth § 920.0 Findings and determinations— herein. 920.2 Act. 920.3 Person. (a) Findings upon the basis of the hear­ , oon termination provisions of 920.4 Production area. ing record. Pursuant to Public Act No. S 920.84 (c) of the proposed marketing 920.5 Potatoes. 10, 73d Congress (May 12, 1933), as order comply with the order termination 920.6 Handler. amended and as reenacted and amended provisions specifically set forth in the 920.7 Ship. by the Agricultural Marketing Agree­ Agricultural Marketing Agreement Act 920.8 Producer. ment Act of 1937, as amended (48 Stat. 1837. as amended (7 U. S. C. 608 (c) 31, as amended; 7 U. S. C. 601 et seq.; 61 (1?> England Potato will tend to effectuate such orderly mar­ § 920.8 Producer. “Producer” means Committee consisting of 15 producer keting of such Irish potatoes as will be any person engaged in the production of members is hereby established. For in the public interest; potatoes for market. each member of the committee there (4) This order regulates the handling § 920.9 Fiscal year. “Fiscal year” shall be an alternate who shall have the of potatoe% grown in the production area means the period beginning on June 1 same qualifications as the member. in the same manner as, and is applicable of each year and ending May 31 follow­ (b) Each person selected as a commit­ only to the persons in the respective ing. m tee member or alternate shall be an in­ classes of industrial and commercial ac­ § 920.10 Committee. “Committee” dividual who is a producer (or an officer tivity specified in, a proposed marketing means the administrative committee; or an employee of a corporate producer) agreement upon which a hearing has called the New England Potato Commit­ in and a resident of the district for been held; and tee, established pursuant to § 920.22. which selected. (5) All handling of potatoes grown in the production area, within the produc­ § 920.11 District. “District” means, § 920.23 Term of office. The term of tion area or between the production area describes, and refers to each of the geo­ office of committee members and alter­ and any point outside thereof, is either graphic divisions of the production area nates shall be for two fiscal years, and in the current of interstate or foreign established pursuant to § 920.24. until their successors are selected and commerce, or directly burdens, obstructs, have qualified: Provided, however, That § 920.12 Varieties. “Varieties” means the terms of office of the initial commit­ or affects such commerce. and includes all classifications or sub­ Order relative to handling. It is here­ tee shall be determined by the Secretary divisions of Irish potatoes according to so that the terms of office of a majority by ordered, pursuant to the findings and those definitive characteristics now or determinations set forth in § 920.0 here­ of the initial members and alternates hereafter recognized by the United States shall be for one fiscal year. Committee of, and pursuant to the aforesaid act, Department of Agriculture. that such handling of potatoes, as de­ members and alternates shall serve dur­ fined in this order shall, from and after § 920.13 Seed potatoes. “Seed pota­ ing the term of office for which they are the time hereinafter specified, be in con­ toes” or “seed” means and includes all selected 'and have qualified, or during formity to and in compliance with the potatoes officially certified and tagged, that portion thereof beginning on the Wednesday, September 6, 1950 FEDERAL REGISTER 5897 date on which they qualify during the to permit a voter to cast one vote for each (c) To receive, investigate, and report term of office. position to be filled in the respective dis­ to the Secretary complaints of violation trict in which he elects to vote. of the provisions of this part; and § 920.24 Districts. For the purpose of (d) To recommend to the Secretary determining the basis for selecting com­ § 920.27 Failure to nominate. If nom­ amendments to this part. mittee members, the following districts inations are not made within the time of the production area are hereby and in the manner specified in § 920.26, § 920.34 Duties. It shall be the duty established: the Secretary may, without regard to of the committee: nominations, select the committee mem­ (a) At the beginning of each fiscal District No. 1: The State of Massachu- bers and alternates which selection shall year, to meet and organize, to select a chairman and such other officers as may ^D istrict No. 2: The State of Rhode Island; be on the basis of the representation provided for in § 920.25. be necessary, to select subcommittees of District No. 3: The State-of Connecticut; committee members, and to adopt such District No. 4: The State of New Hamp­ § 920.28 Acceptance. Any person se­ shire; and rules and regulations for the conduct District No. 5: The State of Vermont. lected as a committee member or as an of its business as it may deem advisable; alternate shall qualify by filing a written (b) To act as intermediary between § 920.25 Selection. The Secretary acceptance with the Secretary within shall select four members of the com­ the Secretary and any producer or ten days after being notified of such handler; mittee, with their respective alternates, selection. (c) To furnish to the Secretary such from each of Districts Nos. 1 and 3, three available information as he may request; members with their respective alternates § 920. 29 Vacancies. To fill any va­ cancy occasioned by the failure of any * (d) To appoint such employees, agents, from District No. 2, and two members person selected as a committee member and representatives as it may deem with their respective alternates from or as an alternate to qualify, or in the necessary and to determine the salaries each of Districts Nos. 4 and 5, which event of the death, removal, resignation, and define the duties of each such members and alternates shall represent or disqualification of any qualified mem­ person; the respective District from which they ber or alternate, a successor for his1 (e) To investigate from time to time are selected. unexpired term may be selected from and to assemble data on the growing, § 920.26 Nomination. The Secretary nominations made in the manner speci­ harvesting, shipping, and marketing con­ may select the members of the New fied in § 920.26, or the Secretary may se­ ditions with respect to potatoes, and, England Potato Committee, with their lect such committee member or alternate upon approval of the Secretary, to engage respective alternates, from nominations from previously unselected nominees on in such research and service activities which may be made in the following the current nominee list from the district which may be necessary and incidental manner: involved. If the names of nominees to to the operation of the marketing agree­ (a) Nominations for initial members fill any such vacancy are not made avail­ ment and order; of the committee and their rqgpective able to the Secretary within 30 days after* (f) To keep minutes, books, and rec­ alternates may be submitted by pro­ such vacancy occurs, such vacancy may ords which clearly reflect all of the acts ducers, or groups thereof, and such nomi­ be filled without regard to nominations, and transactions of the committee and nations may be by virtue of elections which selection shall be made on the such minutes, books, and records shall be conducted by groups of producers. basis of the representation provided for subject to examination at any time by the (b) In order to provide nominations in § 920.25. Secretary or his authorized agent or rep­ for succeeding committee members and resentative ; § 920.30 Alternate members. An al­ (g) To make available to producers alternates: ternate member of the committee shall (1) The New England Potato Commit­ and handlers the committee voting rec­ act in the place and stead of the member ord on recommended regulations and on tee shall hold or cause to be held prior for whom he is an alternate, during such to April 1 of each year, after the effec­ member’s absence. In the event of the other matters of policy; tive date hereof, a meeting or meetings (h) At the beginning of each fiscal death, removal, resignation, or disqualifi­ year, to prepare a budget of its expenses of producers in each of the Districts cation of a member, his alternate shall designated in § 920.24; for such fiscal year, together with a act for him until a successor of such report thereon; x (2) In arranging for such meetings member is selected and has qualified. the committee may, if it deems desirable, (i) To cause the books of the com­ utilize the services and facilities of § 920.31 Procedure, (a)- A majority mittee to be audited by a competent existing organizations and agencies; of the committee members shall be nec­ accountant at least once each fiscal year, (3) At each such meeting at least two essary to constitute a quorum and the and at such other time as the committee nominees shall be designated for each same number of concurring votes shall may deem necessary or as the Secretary position as member and for each posi­ be required to pass any motion or ap­ may request. The report of such audit tion as alternate member on the prove any committee action. shall show the receipt and expenditure committee; (b) The committee may provide forof funds collected pursuant to this part; (4) Nominations for committee mem­ meeting by telephone, telegraph, or other a copy of each such report shalklje fur­ bers and alternate members shall be means of communication and any vote nished to the Secretary and a copy of supplied to the Secretary in such man* cast at such a meeting shall be promptly each such report shall be made available ner and form as he may prescribe, not confirmed in writing: Provided, That if at the principal office of the committee later than 30 days prior to the end of any assembled meeting is held, all votes for inspection by producers and han­ each fiscal year; shall be cast in person. dlers; and (5) Only producers may participate § 92Q.32 Expenses and compensation. (j) To consult, cooperate, and ex­ in designating nominees for committee change information with other potato Committee members and their respec­ marketing'committees and other indi­ members and their alternates; and tive alternates shall be reimbursed for (6) Regardless of the number of dis­ expenses necessarily incurred by them viduals or agencies in connection with all tricts in which a person produces pota­ in the performance of their duties and proper committee activities and objec­ toes, each such person is entitled to cast in exercise of their powers under this tives under this part. only one vote on behalf of himself, his part, and shall receive compensation at EXPENSES, ASSESSMENTS, AND BUDGETS agents, subsidiaries, affiliates, and rep­ a rate to be determined by the commit­ § 920.40 Budget. T h e committee resentatives in designating nominees for tee, which rate shall not exceed $5.00 committee members and alternates: for each day, or portion thereof, spent shall prepare a budget for each fiscal Provided, That in the event’ a person is in attending to committee business. year showing its anticipated expenses and a proposed rate of assessment to engaged in producing potatoes in more § 920.33 Powers. The committee shall than one district, such person shall elect cover such ^penses. The committee have the following powers: shall also transmit to the Secretary a the district within which he may par­ (a) To administer the provisions of ticipate as aforesaid in designating this part in accordance with its terms; report accompanying the budget show­ nominees: Provided further, That an (b) To make rules and regulations to ing the basis for its calculation of eligible voter’s privilege of casting only effectuate the terms and provisions of expensed and the proposed rate of one vote, as aforesaid, shall be construed this part; assessment. 5998 PROPOSED RULE MAKING

§ 920.41 Expenses. The (^nmittee name or in the name of its members, a (c) Regulate the shipment of pota­ Is authorized to incur such expenses as suit against any handler for the collec­ toes by establishing in terms of grades, the Secretary, upon the basis of the tion of such handler’s pro rata share of sizes, or both, m in im um standards of aforesaid budget and other available the expenses of the committee. quality and maturity. information, finds may be necessary (b) In order to provide funds to carry during each fiscal year to perform its out the functions of the committee, han­ § 920.54 Modification, suspension, or functions under this part and for such dlers may make advance payment of termination. Upon the basis of the other purposes as may be appropriate assessments. recommendation and information sub­ pursuant to the provisions of this part. mitted by the committee, the Secretary REGULATION shall modify, suspend, or terminate reg­ § 920.42 Rate of assessment. The § 920.50 Marketing policy prepara­ ulations issued pursuant to §§ 920.42, funds to cover such expenses shall be tion. At the beginning of each fiscal year 920.43, 920.53, 920.54, or 920.65, or any acquired by the levying on handlers of the committee shall consider and pre­ combination thereof, in order to facili­ assessments which shall be at a rate pare a proposed policy for the marketing tate shipments of potatoes for the fol­ recommended by the committee and of potatoes during such fiscal year. In lowing purposes whenever he finds that fixed by the Secretary on the basis of developing its marketing policy the com­ it will tend to effectuate the declared such recommendations or other avail­ mittee shall investigate Relevant supply policy of the act: able information. Each handler who and demand conditions for potatoes. In (a) For seed; first ships potatoes shall pay assessments such investigations the committee shall (b) For export; to the committee upon demand, which give appropriate consideration to the (c) For distribution by the Federal assessments shall be such handler’s fro following: Government; rata share of the expenses which will (a) Market prices for potatoes, in­ (d) For manufacture or conversion be appropriately incurred by the com­ cluding prices by grade, size, and quality Into specified products; mittee during each fiscal year. Such in wholesale or in consumer packs, or (e) For livestock feed; and handler’s share of such expense shall be any other shipping unit; (f) For other purposes which may be proportionate to the ratio between the • (b) Supply of potatoes, by grade, size, specified. total quantity of potatoes handled by and quality, in the production area and § 920.55 Minimum quantity regula­ him as the first handler thereof, during in other production areas; the applicable fiscal year, and the total tion. The committee, with the approval (c) The trend and level of consumer of the Secretary, may establish, for any quantity of potatoes handled by all income; and , handlers as the first handlers thereof, or all portions of the production area, during the same fiscal year. (d) Other relevant factors. minimum quantities below which ship­ § 920.51 Marketing policy reports. ments will be free from regulations § 920.43 Increasing rate of assess­ (a) The committee shall submit to the issued pursuant to §§ 920.42, 920.43, ment. Upon recommendation of the Secretary a report setting forth the 920.53, 920.54, or 920.65, or any com­ committee and upon a later finding rel-* bination thereof. ative to the committee’s expenses or aforesaid marketing policy. The com­ revenue, the Secretary may increase the mittee also shall notify producers and § 920.56 Notification of regulation. handlers of the contents of such reports. The Secretary shall notify the committee rate of assessment to cover expenses (b) In the event it becomes advisable which shall be appropriately incurred. of any regulations issued or of any modi­ to deviate from such marketing policy, fication, suspension, or termination Such increase shall be applicable to all because of changed supply and demand potatoes handled during the given fiscal thereof. The committee shall give conditions, the committee shall formu­ reasonable notice thereof to handlers. year. late a new marketing policy in accord­ § 920.44 Accounting. All funds re­ ance with the manner previously § 920.57 Safeguards, (a) The com­ ceived by the committee pursuant to any outlined. The committee also shall sub­ mittee, with the approval of the Secre­ provision of this part shall be used solely mit a report thereon to the Secretary tary, may prescribe adequate safeguards for the purposes specified in this part and notify producers and handlers of to prevent shipments pursuant to and shall be accounted for in the fol­ such revised or amended marketing § 920.54 from entering channels of trade lowing manner: policy. for other than the specific purpose au­ (a) The Secretary may at any time thorized therefor, and rules governing § 920.52 Committee recommendations. the issuance and the contents of Cer­ require the committee and its members The committee shall recommend regula­ to account for all receipts an^'disburse­ tificates of Privilege if such certificates ments; and tion to the Secretary whenever it finds are prescribed as safeguards by the com­ that such regulation, as provided in mittee. Safeguards, as prescribed in this (b) Whenever any person ceases to § 920.53 will tend to effectuate the de­ be a committee member or alternate he section, may include requirements that: clared policy of the act. The committee (1) Handlers shall file applications shall account for all receipts and dis­ also may recommend modification, sus­ bursements and deliver all property and with the committee to ship potatoes pension, or termination of any regula­ pursuant to § 920.54; funds in his hands, together "with all tion in order to facilitate shipments of books and records in his possession, to (2) Handlers shall obtain inspection potatoes for the specified purposes set ; provided by § 920.65 or pay the pro rata his successor in office or to such person forth in § 920.54. as the Secretary may designate, and shall share of expenses provided by § 920.42 execute such assignments and other in­ § 920.53 Issuance of regulations. The or both, in connection with potato ship­ struments as may be necessary or ap­ Secretary shall limit the shipment of ments effected under the provisions of propriate to vest in such successor or in potatoes whenever he finds from the rec­ § 920.54: Provided, That such inspection such designated person the right to all ommendations and information submit­ or payment of expenses may be required the property, funds, or claims vested in ted by the committee, or from other at different times than otherwise speci­ such member or alternate. available information that such regula­ fied by the aforesaid sections; and (3) Handlers shall obtain Certificates § 920.45 Refunds. (1) If at the end tion would tend to effectuate the declared of a fiscal year, it shall appear that as­ policy of the act. Such limitation may: of Privilege from the committee for ship­ (a) Regulate, in any or all portions ments of potatoes effected or to be ef­ sessments collected are in excess of ex­ fected under the provisions of § 92Q.54. penses incurred, each handler entitled of the production area, the shipment of to a proportionate refund of the excess particular grades, sizes, or qualities of (b) The committee may rescind or assessments shall be credited with such any or all varieties of potatoes during deny Certificates of Privilege to any ship­ any period ; or per if proof is obtained that potatoes refund against the operations of the shipped by him for the purposes stated following fiscal year, unless he demands (b) Regulate the shipment of particu­ payment thereof, in which event such in § 920.54 were handled contrary to the lar grades, sizes, or qualities of potatoes requirements applicable thereto. proportionate refund shall be paid to differently for different varieties, for dif­ him. (c) The Secretary shall have the right ferent portions of the production area, to modify, change, alter, or rescind any § 920.46 Collection of funds. (aV for consumer or wholesale packs, or any safeguards prescribed and any certifi­ The committee may, with the approval combination of the foregoing during any cates issued by the committee pursuant of the Secretary maintain in its own period; or to the provisions of this section. Wednesday, September 6, 1950 FEDERAL REGISTER 5999

(d) The committee shall make reports exemption to any producer who applies riodic reports on such records shall be to the Secretary, as requested, showing for such exemption and furnishes ade­ compiled and issued by the committee* the number of applications for such cer­ quate evidence to the committee, that upon request of the Secretary. by reason of a regulation issued pur­ (b) The Secretary shall have the right tificates, the quantity of potatoes cov­ to modify, change, alter, or rescind any ered by such applications, the number suant to § 920.5a he will be prevented of such applications denied and certifi­ from shipping as large a proportion of procedure and any exemptions granted cates granted, the quantity of potatoes his production as the average propor­ pursuant to §§ 920.70, 920.71, 920.72 or shipped under duly issued certificates, tion of production shipped during the any combination thereof. and such other information as may be entire season, or such portion thereof as MISCELLANEOUS PROVISIONS requested. may be determined by the committee, by § 920.80 Reports. Upon the request INSPECTION all producers in said applicant’s imme­ of the committee, with approval of the diate production area and that the grade, § 920.65 Inspection and certification. Secretary, every handler shall furnish size, or quality of the applicant’s pota­ the committee, in such manner and at During any period in which shipments toes have been adversely affected by acts of potatoes are regulated, pursuant to such time as may be prescribed!» such beyond the applicant’s control and by information as will enable the commit­ the provisions of §§ 920.42, or 920.53, or acts beyond reasonable expectation. both, no handler shall ship potatoes un­ tee to exercise its powers and perform Each certificate shall permit the pro­ its duties under this part. Handlers less, prior thereto, such shipment was ducer to ship the amount of potatoes inspected by an authorized representa­ shall maintain records from which such specified thereon. Such certificate shall reported information can be verified by tive of the Federal-State Inspection be transferred with such potatoes at time Service, or such other inspection service the committee. The Secretary shall of transportation or sale. have the right to modify, change, or as the Secretary shall designate. Each (b) The committee shall issue certifi­ handler procuring inspections pursuant rescind any request for reports pursuant cates of exemption to any handler who to this section. to this section, shall make arrangements applies for such exemption and fur­ with the inspecting agency to forward nishes adequate evidence to the com­ § 920.81 Compliance. Except as pro­ promptly to the committee a copy of mittee that, by reason of a regulation vided in this part, no handler shall ship the inspection certificate : Provided, That issued pursuant to § 920.53, he will be potatoes, the shipment of which has been the regrading, resorting, repacking, or prevented from shipping, as làrge a pro­ prohibited by the Secretary in accord­ other further preparation of inspected portion of his storage holdings of po­ ance With provisions of this part; and potatoes for market shall invalidate tatoes, acquired during or immediately no handler shall ship potatoes except in prior inspection thereon and subsequent following the digging season, as the conformity to the provisions of this part. shipment of such potatoes after regrad­ average proportion of storage holdings § 920.82 Right of the Secretary. The ing, resorting, repacking, or other prepa­ shipped by all handlers in said appli­ members of the committee (including ration for market shall not be effected cant’s immediate shipping area, and that successors and alternates), and any unless, prior thereto, such shipment is the grade, size, or quality of the appli­ agent or employee appointed or employed inspected as provided in this section: cant’s potatoes have been adversely af­ by the committee, shall be subject to re­ Provided further, That the committee fected by acts beyond the applicant’s moval or suspension by the Secretary at may adopt, subject to the approval of control and by acts beyond reasonable any time. Each and every order, regu­ the Secretary, procedures permitting expectation. Each certificate shall per­ lation, decision, determination or other the shipment of potatoes without the re­ mit the handler to ship the amount of act of the committee shall be subject to quired prior inspection thereon ; such potatoes specified thereon. Such certifi­ the continuing right of the Secretary to procedures shall include a requirement cate shall be transferred with such po­ disapprove of the same at any time. that each handler-applicant for a waiver tatoes at time of transportation or sale. Upon such disapproval, the disapproved show that he requested shipping point (c) The committee shall be permitted action of the said committee shall be inspection and that the appropriate in­ at any time to make a thorough investi­ deemed null and void, except as to acts spection agency stated that it could not gation of any producer’s or handler’s done in reliance thereon or in compliance supply reasonably prompt service in con­ claim pertaining to exemptions. therewith prior to such disapproval by nection with such request; and such the Secretary. procedures may require that each appli­ § 920.72 Appeal. If any applicant for cant agrees, as a condition for the issu­ exemption certificates is dissatisfied with § 920.83 Effective time. The provi­ ance of a waiver, to one or more of the the determination by the committee with sions of this subpart shall become effec­ following: respect to his application, said applicant tive at such time as the Secretary may (a) That the potatoes to be shipped may file an appeal with the committee. declare and shall continue invforce until under such waiver will be inspected and Such an appeal must be taken promptly terminated in one of the ways specified certified at destination if an inspector is after the determination by the commit­ in this subpart. available for such purpose; tee from which the appeal is taken. Any § 920.84 Termination, (a) The Sec­ (b) That, where inspection indicates applicant filing an appeal shall furnish retary may, at any time, terminate the that potatoes shipped under a waiver fail évidence satisfactory to the committee provisions of this subpart by giving at to meet minimum grade, size, and quality for a determination on the appeal. The least one day’s notice by means of a requirements in effect at the time of such committee shall thereupon reconsider press release or in any other manner inspection, the potatoes will be removed the application, examine all available which he may determine. from all normal domestic commercial evidence, and make a final determina­ (b) The Secretary may terminate or channels, except for disposition pursuant tion concerning the application. The suspend the operation of any or all of to § 920.54; and committee shall notify the appellant the provisions of this subpart whenever (c) Thijit additional waivers will not of the final determination, and shall he finds that such provisions do not be granted to an applicant, for the re­ furnish the Secretary with a copy of the tend to effectuate the declared policy of mainder of the fiscal year, if the potatoes appeal and a statement of considerations the act. shipped under a waiver and failing to involved in making the final determina­ (c) -The Secretary shall terminate the meet minimum grade, size, and quality tion. provisions of this subpart at the end of requirements, are not removed from all § 920.73 Records, reports, and review any fiscal year whenever he finds that normal domestic market channels, ex­ of exemptions, (a) The committee shall such termination is favored by a ma­ cept for disposition pursuant to § 920.54. maintain a record of all application^ jority of producers, who during the pre­ EXEMPTIONS submitted for exemption certificates, a ceding fiscal year, have been engaged record of all exemption certificates is­ in the production for market of pota­ § 920.70 Procedure. The committee sued and denied, the quantity of pota- toes: Provided, That such majority has, may adopt, with approval of the Secre­ ' toes covered by such exemption certifi­ during such year, produced for market tary, the procedures pursuant to which cates, a record of the amount of potatoes more than fifty percent of the volume certificates of exemption will be issued shipped under exemption certificates, a of such potatoes produced for market; to producers or handlers. record of appeals for reconsideration of but such termination shall be effective § 920.71 Granting exemptions, (a) applications, and such information as only if announced on or before January The committee shall issue certificates of may be requested by the Secretary. Pe- 1 of the then current fiscal year. No. 172------3 6000 PROPOSED RULE MAKING

(d) The provisions of this subpart wise, or, In accordance with such powers, keting Administration, United States De­ shall, in any event, terminate whenever to act in the premises whenever such partment of Agriculture are hereby des­ the provisions of the act authorizing action is deemed advisable. ignated as agents of the Secretary of them cease to be in effect. Agriculture to conduct said referendum § 920.90 Personal liability. No mem­ Jointly or severally. § 920.85 Proceedings after termina- ber or alternate of the committee, nor tion. (a) Upon the termination of the any employee or agent thereof, shall be Copies of the text of the aforesaid provisions of this subpart, the then func­ order may be examined in the Office of held personally responsible, either indi­ the Hearing Clerk, Room 1353, South tioning members of the committee shall vidually or jointly with others, in any continue as trustees, for the purpose of Building, United States Department of way whatsoever, to any handler or to Agriculture, Washington, D. C., and at liquidating the affairs of the committee, any person for errors in judgment, mis­ of all the funds and property then in the the county Production and Marketing takes, or other acts, either of cómmission Administration Office in each of the possession of or under control of the or omission,, as such member, alternate, committee, including claims for any counties within the specified production agent, or employee, except for acts of area. f unis unpaid or property not delivered at dishonesty. the time of such termination. Action by Ballots to be cast in the referendum said trusteeship shall require the concur­ § 920.91 Separability. If any provi­ and copies of the text of the order may rence of a majority of the said trustees. sion of this subpart is declared invalid, be otrained from any referendum agent and any appointee hereunder. (b) The said trustees shall continue in or the applicability thereof to any per­ such capacity until discharged by the son, circumstance, or thing is held in­ (48 Stat. 31, as amended; 7 U. S. C. 601 et valid, the validity of the remainder of seq.; 61 Stat. 202, 707; 62 Stat. 1247; 63 Stat. Secretary; shall, from time to time, ac­ 1051) w count for all receipts and disbursements this subpart, or the applicability thereof and deliver all property on hand, together to any other person, circumstance, or Done at Washington, D. C., this 31st with all books and records of the com­ thing, shall not be affected thereby. day of August 1950. mittee and of the trustees, to such per­ § 920.92 Amendments. Amendments [seal] C. J. M cC ormick, son as the Secretary may direct; and to this subpart may be proposed, from Acting Secretary of Agriculture. shall, upon request of the Secretary, exe­ time to time, by the committee or by the cute such assignments or other instru­ Secretary. [F. R. Doc. 50-7798; Filed, Sept. €, 1950; ments necessary or appropriate to vest 8:53 a. m.] in such person full title and right to all (P. R. Doc. 50-7797; Piled, Sept. 5, 1950; of the funds, property, and claims vested 8:53 a. m.] in the committee or the trustees pursuant [ 7 CFR, Part 986 1 thereto. (c) Any person to whom funds, prop­ t 7 CFR, Part 920 ] H andling of H ops G rown in Oregon, erty, or claims have been transferred or [Docket No. AO-221-ROl] California, W ashington, and Idaho, and of H op P roducts P roduced T here­ delivered by the committee or its mem­ H andling op Irish P otatoes G rov^Ïî in from in T hese S tates bers, pursuant to this section, shall be M assachusetts, R hode Island, Connec­ subject to the same obligations imposed ticut, N ew H ampshire, and V ermont NOTICE OF PROPOSED RULE MAKING WITH upon the members of the committee and RESPECT TO INCREASE IN SUPPLEMENTARY order directing that a referendum be upon the said trustees. ALLOTMENTS OF 1950 CROP HOPS CONDUCTED AMONG PRODUCERS; DETERMI­ § 920.86 Effect of termination or NATION OF REPRESENTATIVE PERIOD; DES­ Consideration is being given to the ap­ amendment. Unless otherwise ex­ IGNATING AGENTS TO CONDUCT SUCH REF­ proval hf a proposal, hereinafter set pressly provided by the Secretary, the ERENDUM forth, which was submitted by the Hop termination of this subpart or of any reg­ Control Board, established under Mar­ ulation issued pursuant to this subpart, Pursuant to the applicable provisions keting Agreement No. 107 and Order No. or the issuance of any amendments to of Public Act No. 10, 73d Congress (May 86 (7 CFR 986.1 et seq.), regulating the either thereof, shall not (a) affect or 12, 1933), as amended and as reenacted handling of hops grown in Oregon, Cali­ waive any right, duty, obligation, or lia­ and amended by the Agricultural Mar­ fornia, Washington, and Idaho, and of bility which shall have arisen or which keting Agreement Act of 1937, as hop products produced therefrom in may thereafter arise in connection with amended (48 Stat. 31, as amended; 7 these States, as the agency to administer any provision of this subpart or any U. S. C. 601 et seq; 61 Stat. 202, 707; 62 the terms and provisions thereof. regulation issued under this subpart, or Stat. 1247; 63 Stat. 1051), it is hereby Section 986.6 (c) (2) (ii) (b) of said (b) release or extinguish any violation directed that a referendum be conducted marketing agreement and order provides of this subpart or of any regulations is­ among producers who, during the period as follows: “The Control Board sued under this subpart, or (c) affect or June 1,1949, to May 31, 1950, both dates each, year issue or cause to be issued, impair any rights or remedies of the inclusive (which period is hereby deter­ prior to the issuance of final allotments Secretary or of any other person with mined to be a representative period for applicable to that year’s crop, to any respect to any such violations. the purpose of such referendum), were grower who may apply therefor to the engaged in the production of Irish po­ § 920.87 Duration of immunities. Growers Allocation Committee, a sup­ tatoes for market, in the States of Mass­ plementary allotment representing such The benefits, privileges, and immunities achusetts, Rhode Island, Connecticut, conferred upon any person by virtue of prpportion of that grower’s total produc­ New Hampshire, and Vermont, to deter­ tion of hops during that year as the this subpart shall cease upon the termi­ mine Vhether such producers approve nation of this subpart, except with re­ or favor the issuance of an order regulat­ Growers Allocation Committee or its au­ spect to acts done under and during the ing the handling of Irish potatoes grown thorized representatives shall determine existence of this subpart. will not be in excess of 80 percent (or therein; and said order is annexed to the such higher percentage as the Control § 920.88 Agents. The Secretary may, decision of the Secretary of Agriculture Board, with the approval of the Secre­ by designation in writing, name any per­ filed1 simultaneously herewith. tary, may specify for the computation of son, including any officer or employee of The procedure applicable to this refer­ supplementary allotments) of that the Government, or name any bureau or endum shall be the “Procedure for the groweris probable salable allotment for division in the United States Department Conduct of Referenda Among Producers that year’s crop.” of Agriculture, to act as his agent or * fin Connection with Marketing Orders Pursuant thereto the Hop Control representative in connection with any (Except Those Applicable to Milk and its Board by unanimous vote of 17 members of the provisions of this part. Products) to Become Effective Pursuant voting, at a duly called meeting in San to the Agricultural Marketing Agreement Francisco on July 21 and 22, 1950, re- § 920.89 Derogation. Nothing con­ Act of 1937, as Amended” (15 P. R. 5176). tained in this subpart is, or shall be quested the Secretary to approve issu­ A. C. Cook, R. P. Callaway, O. H. Chap­ ance of supplementary allotments of construed to be, in derogation or in in, and R. L. Hawes, of the Fruit and modification of the rights of the Secre­ hops to growers upon request, not in Vegetable Branch, Production and Mar- excess of 80 percent of the respective tary or of the United States to exercise growers’ probable salable allotments for any powers granted by the act or other­ 1 See F. R. Doc. 50-7797, supra. the 1950 crop, except that in case com- Wednesday, September 6, 1950 FEDERAL REGISTER 6001 plete information in respect to any or arguments pertaining thereto which FEDERAL COMMUNICATIONS grower’s 1950 crop hop production is are submitted in writing to the Direc­ COMMISSION available to the Growers Allocation tor, Fruit and Vegetable Branch, Pro­ Committee, such grower may be issued, duction and Marketing Administration, [ 47 CFR, Part 3 1 United States Department of Agricul­ upon his application, a supplementary [Docket No. 9649] allotment such as will not exceed 90 per­ ture, Washington 25, D. C., and which cent of his probable salable allotment of are received not later than ten days B roadcasts by Candidates for P ublic 1950 crop hops. after the date of the publication of this Office F ederal R egister. Each grower’s final salable allotment notice in the ORDER EXTENDING TIME FOR FILING will not be issued until late fall of this The proposed rule is as follows: COMMENTS year, and after the production of hops § 986.402 Supplementary allotment by each grower and the total aggregate for the 1950 hop crop. The supplemen­ In the matter of amendment of sub­ production of hops has been determined tary allotment to any grower for hops part C of Part 3 of the Commission’s by the Secretary. In the meantime the produced during the marketing season rules and regulations to add a new sec­ Hop Control Board considers it desirable beginning August 1, 1950, Shall be such tion pertaining to broadcasts by -candi­ to permit hops to move to domestic and as will not exceed 80 percent of such dates for public office. foreign markets within growers’ prob­ grower’s probable 1950 salable allot­ The Commission having under consid­ able salable allotments, with as^ little ment, as provided in § 986.6 (c) (2) eration a request filed on August 18,1950, interference as is practicable. It is also by the Committee on practice and pro­ (ii) (b) : Provided, That, when complete cedure of the Federal Communications highly desirable that growers realize the information on the 1950 hop crop pro­ returns for their product closely follow­ duction of any grower is available to Bar Association asking that the time in ing the harvest of the crop, in order the Growers Allocation Committee, a which to file comments in the above- that they be in position to meet the supplementary allotment such as will entitled matter be extended from August financial obligations incurred in culti­ 21, 1950, to September 10, 1950; not exceed 90 percent of that grower’s It is ordered, This 25th day of August vating and harvesting. The Control probable salable allotment of 1950 crop Board believes that the issuance of a 1950, that the request is èranted; and hops shall be issued, upon application, that the time in which to file comments supplementary allotment not in excess to such grower. of 90 percent of the probable salable al­ in the above-entitled matter is extended lotment of any grower, computed after Issued at Washington, D. C.( this 31st to September 10, 1950. complete production information is day of August 1950. F ederal Communications available for such grower, would be [SEAL] s. R. S mith, Commission, well within the grower’s final salable Director, [seal! T. J. S lowie, allotment. Fruit and Vegetable Branch. Secretary. Prior to the final approval of the pro­ [F. R. Doc. 50-7795; Filed, Sept. 5, 1950; [P. R. DÓC. 50-7769; Filed, Sept. 5, 1950; posal of the Hop Control Board, consid­ 8:46 a. m.] eration will be given to any data, views, 8: 53 a. m.]

NOTICES

briefs, and the examiner will issue a use in the P a c i f i c , coastwise and Alaska DEPARTMENT OF COMMERCE recommended decision. Parties may trades. The purpose of the hearing is to re­ Federal Maritime Board have 15 days within which to file excep­ tions to or memoranda in support of the ceive evidence with respect to whether A laska S teamship Co. examiner’s recommended decision, but continuance of the services under which the Board reserves the right to deter­ such vessels are now chartered is re­ NOTICE OF HEARING ON APPLICATION TO quired in the public interest and such EXTEND BAREBOAT CHARTER AGREEMENT mine whether oral argument on excep­ tions will be granted or whether briefs services will not be adequately served Pursuant to section 3, Public Law 591, in connection therewith will be received. without such extension, and with respect 81st Congress, notice is hereby given that to the availability of privately-owned Dated: August 31,1950. * American-flag vessels on reasonable con­ an informal public hearing will be held I in Room 4823, Commerce Building, By order of the Federal Maritime ditions and at reasonable rates for such Washington, D. C., on September 22, services. ^ 1950, at 10 o’clock a. m., e. d. s. t., before Board. All persons having an interest in such' an examiner of the Hearing Examiners’ [¡Seal] A. J. W illiam s, application will be given an opportunity Office, upon an application of Alaska Secretary. to be heard if present. Steamship Company to extend its bare­ [F. R. Doc. 50-7802; Filed, Sept. 5, 1950; The parties may have oral argument boat charter agreement with respect to 8:53 a. m.] before the examiner immediately follow­ Government-owned war-built dry-cargo ing the close of the hearing in lieu of vessels for use in the Alaska trade. briefs, and the examiner will issue a The purpose of the hearing is to re­ recommended decision. Parties may ceive evidence with respect to whether C oastwise Line have 15 days within which to file excep­ continuance of the services under which tions to or memoranda in support of the such vessels are now chartered is re­ NOTICE OF HEARING Oil APPLICATION TO examiner’s recommended decision, but quired in the public interest and such EXTEND BAREBOAT CHARTER AGREEMENT the Board reserves the right to deter­ services will not be adequately served Pursuant to section 3, Public Law 591, mine whether oral argument on excep­ without such extension, and with respect 81st Congress, notice is hereby given that tions will be granted or whether briefs to the availability of privately owned an informal public hearing will be held in connection therewith will be received. American-flag vessels on reasonable con­ in Room 4823, Commerce Building, Dated: August 31,1950. ditions and at reasonable rates for such Washington, D. C., on September 21, By order of the Federal Maritime services. 1950, at 10 o’clock a. m., e. d. s. t., before All persons having an interest in such an examiner of the Hearing Examiners' Board. application will be given an opportunity Office, upon an application of Coastwise A. J. W illiams, to be heard if present. Secretary. The parties may have oral argument Line to extend its bareboat charter before the examiner immediately follow­ agreement with respect to government- [F. R. Doc. 50-7803; Filed, Sept. 6, 1950; ing the close of the hearing in lieu, of owned war-built dry-cargo vessels for 8:53 a. m.l 6002 NOTICES

DEPARTMENT OF AGRICULTURE At a session of the Federal Communi­ rectly or indirectly, without the consent cations Commission, held at its offices in of the Commission ahd in violation of Production and Marketing Washington, D. C., on the 23d day of section 310 (b) of the Communications Administration August 1950; Act of 1934, as amended. The Commission having under con­ 3. To determine whether Station S ugar in P uerto R ico and Virgin sideration the above-entitled application KSPA was operated by persons to whom I slands of Ventura County Radio Center, Inc., no license was issued by this Commis­ NOTICE OF HEARINGS AND DESIGNATION OF requesting a renewal of license for the sion, in violation of section 301 of the PRESIDING OFFICERS frequency 1400 kc, 250 watts power, un­ Communications Act of 1934, as limited time, at Santa Paula, California; amended. Pursuant to the authority contained in and subsections (c) (1) and (c) (2) of section 4. To determine whether all contracts, It appearing, that, on August 18,1949, agreements and understandings, and re­ 301 of the Sugar Act of 1948 (61 Stat. the Commission granted an application 929; U. S. C. Sup. 1131), notice is hereby ports relating to the operation, owner­ for transfer of control of the licensee ship ahd control of Station KSPA, have given that public hearings will be held corporation to Neal Van Sooy, et al., as follows: been properly and timely filed with the (BTC-783) on the basis of representa­ Commission, as is Required by §§ 1.321, At Santurce, Puerto Rico, in the Con­ tions made therein that the actual trans­ ference Room of the Production and 1.341,1.342, 1.343, and 1.344 of the Com­ fer of control of Station KSPA had not mission’s rules and regulations.' Marketing Administration Office, Segar- been consummated; that, on the basis of ra Building, on October 5, 1950, at 9:30 an investigation conducted by the Com­ F ederal Communications a. m.; and mission and from facts appearing in the Com m ission, At Christiansted, St. Croix, Virgin Commission files, including a copy of a [seal] T. J. S lowie, Islands, in the District Court Room, on pleading filed by the stockholders of the • Secretary. October 9, 1950, at 9:30 a. m. licensee corporation in a civil proceeding [F. R. Doc. 50-7765; Filed, Sept. 5, 1950; The purpose of such hearings is to re­ in the California courts stating that Neal 8:46 a. m.] ceive evidence likely to be of assistance to van Sooy had been in complete control the Secretary of Agriculture in determ­ of Station KSPA since March 1, 1949, ining (1), pursuant to the provisions of that an unauthorized transfer of control section 301 (c) (1) of said act, fair and of the licensee corporation occurred on [Docket Nos. 9227, 9228, 9515] reasonable wage rates for persons em­ or about March 1,1949; that the licensee M atheson R adio Co., Inc. (WHDH), ployed in the production, cultivation, or of Station KSPA fraudulently and wil­ harvesting of sugarcane in Puerto Rico fully withheld from the Commission in­ ET AL. and the Virgin Islands during the calen­ formation concerning the operation of ORDER CONTINUING HEARING . dar year 1951 on farms with respect to Station KSPA and the terms of an oral In re: Petitions of Matheson Radio which applications for payments under agreement changing the written agree­ the said act are made and (2) , pursuant Company, Inc. (WHDH), Boston, Massa­ ment filed with the Commission as part chusetts, Docket No. 9227, and National to the provisions of section 301 (c) (2) of of transfer application BTC-783; and said act, fair and reasonable prices for Broadcasting Company, Inc. (KOA), that, accordingly, the licensee obtained a Denver, Colorado, Docket No. 9228; and the 1950-51 Puerto Rican crop and the grant of BTC-783 through fraud and 1951 crop of Virgin Islands sugarcane to In re application of Champlain Valley misrepresentation; and Broadcasting Corporation (WXKW), Al­ be paid, under either purchase or toll It further appearing, that, on the basis agreements by processors who, as pro­ bany, New York, Docket No. 9515, File of all the facts before it, the Commission No. BMP-4580; for modification of con­ ducers, apply for payments under the is unable to conclude that a grant of said act. In the interest of obtaining struction permit. the renewal of license of Station KSPA The Commisison having under consid­ the best possible information, all inter­ would be in the public interest, conven­ ested persons are requested to appear at eration a petition filed August 17, 1950, ience and necessity; by Matheson Radio Company, Inc. the hearings to express their views and It is ordered, that, prusuant to sec­ present appropriate data in regard to (WHDH), Boston, Massachusetts, for tions 307 (d) and 309 (a) of the Commu­ continuance for a period of at least 30 the foregoing matters. nications Act of 1934, as amended, the Such hearings, after being called to or­ days of the hearing now scheduled" for above-entitled application is designated September 5, 1950, on the above-entitled der at the time and places mentioned for hearing commencing at 10:00 a. m. herein, may be continued from day to matters; the opposition thereto filed Au­ on November 27, 1950, at Santa Paula, gust 21, 1950, by Champlain Valley day within the discretion of the presiding California«upon the following issues: officers, and may be adjourned to a later Broadcasting Corporation (WXKW), Al­ 1. To determine the legal, technical, bany, New York; and oral argument had day or to a different place without notice financial and other qualifications of other than the announcement thereof at on the petition and opposition thereto Ventura County Radio Center, Inc., to on August 25, 1950; and - the hearing by the presiding officers. continue to operate Station KSPA, and George A. Dice, Thomas H. Allen, Ward It appearing, from the oral argument, more particularly, to obtain full infor­ that Champlain Valley Broadcasting S. Stevenson, and G. Laguardia are here­ mation relating to: by designated as presiding officers to con­ Corporation (WXKW), as a result of its (a) The circumstances leading up to amendment accepted by the Commission duct either jointly or severally the fore­ and surrounding the employment of going hearings. on August 4, 1950, will be required to Neal Van Sooy as General Manager of present some additional direct testimony; Issued this 30th day of August 1950. Station KSPA on or about March 1,1949. that all parties to this proceeding and (b) The contract, dated March 1, Commisson Counsel are agreeable to [seal] R alph S. T rigg, 1949, entered into by Robert W. LeMond, Administrator. proceed with the hearing on Wednesday, et al., as transferors, and Neal Van September 6, 1950, so as to permit pres­ [P. R. Doc. 60-7758; Piled, Sept. 5, 1950; Sooy, et al., as transferees, providing for entation by WXKW of said further di­ 8:45 a. m.] the sale of the stock of Ventura County rect testimony; and Radio Center, Inc., and oral amend­ It appearing further that at the last ments, if any, thereto. session of the hearing in the above-en­ FEDERAL COMMUNICATIONS (c) The operation of Station KSPA titled matters testimony submitted by COMMISSION subsequent to March 1, 1949, by Neal Matheson Radio Company, Inc. Van Sooy. {Docket No. 9777J (WHDH) and the National Broadcasting (d) The authority and control exer­ Company, Inc. (KOA), was based upon S tation KSPA cised by Neal Van Sooy over the policies the application and evidence previously ORDER DESIGNATING APPLICATION FOR and operation of Station KSPA subse­ submitted by Champlain Valley Broad­ HEARING ON STATED ISSUES quent to March 1, 1949. casting Corporation (WXKW); that said 2. To determine whether the license testimony and evidence of Matheson In the matter of the renewal of license for Station KSPA, or the rights and re­ Radio Company, Inc. (WHDH) and Na­ of Station KSPA, Santa Paula, Califor­ sponsibilities incident thereto, were tional Broadcasting Company, Inc. nia, Docket No. 9777, File No. BR-2231. .transferred, assigned or disposed of, di­ (KOA), brought to light the error in the Wednesday, September 6, 1950 FEDERAL REGISTER 6003

Champlain Valley Broadcasting Corpo­ DOMINICAN REPUBLIC ration CWXKW) application which re­ Probable sulted in the amendment thereof; that Time date to com­ Power desig­ Class mence oper­ said WHDH and KOA evidence and ex­ Call letters Location nation hibits, as a result of the WXKW amend­ ation ment, are no longer accurate; and III-B Sept. 1,1950 Matheson Radio Company, Inc. H19Z ___ 820 kilocycles, 1 kw.—D/0.1 kw.—N ... U . (WHDH), and National Broadcasting 1400 kilocycles, 0.25 kw------U IV Aug. 30,1950 Company, Inc. (KOA), will require addi­ tional time to enable them to revise the F ederal Communications Commission, same; that the Examiner is of the [seal] t - j - S lowie opinion that good cause has been shown Secretary. for the allowance of additional time for [P. R. Doc. 50-7767; Piled, Sept. 5, 1950; 8: 46 a. m.] so doing; and It appearing further that Matheson Radio Company, Inc. (WHDH) has orally requested withdrawal of its peti­ [Mexican Change List No. 120] tion for continuance, and Champlain Valley Broadcasting Corporation M exican B roadcast S tations (WXKW) has orally requested dismissal LIST OF CHANGES, PROPOSED CHANGES AND CORRECTIONS IN ASSIGNMENTS of its opposition thereto upon the under­ . August 3, 1950. standing that the Examiner will schedule the further hearing of the Notification under the provisions of part III, section 2 of the North American Regional Broadcasting Agreement.- .. ' ...... „ above-entitled proceeding on Wednes­ List of changes, proposed changes, and corrections In assignments of Mexican day, Setember 6,1950, instead of as pres­ broadcast stations modifying appendix containing assignments of Mexican broadcast ently scheduled on Tuesday, September 5, stations (Mimeograph 47214-6) attached to the recommendations of the North 1950 ; and that upon conclusion of pres­ American Regional Broadcasting Agreement Engineering Meeting, January 30, 1941. entation of further direct testimony of Champlain Valley Broadcasting Corpo­ >. . MEXICO ration (WXKW) the proceeding will be adjourned to 10:00 o’clock a. m. on Probable Time date to com­ Class Tuesday, October 3, 1950; Call letters Location Power desig­ mence oper­ It is ordered, This 25th day of August nation ation 1950, (1) that the petition of Matheson Radio Company, Inc. (WHDH) for con­ 790 kilocycles, 250 w.—N /l kw.—D — U IV Sept. 15,1950 tinuance and opposition thereto of XEBI___ Aguascalientes, Aguascali- D II Feb. 1,1951 Champlain Valley Broadcasting Corpo­ XEDX.— Sauzal (El), Baja California... XEBI..... Aguascalientes, Aguascali­ 1360 kilocycles (delete—see 790 kc. ration (WXKW) be, and they are hereby, assignment). entes. IV Sept. 1,1950 dismissed; (2) that the hearing in the XEJX-— /1450 kilocycles, (delete—see 1520 kc. u - \ assignment), 250 w.—N/l kw—D. "5TTCN A Do. above-entitled proceeding now scheduled XTCjy /1520 kilocycles, 250 w. (delete—see D II for Tuesday, September 5, 1950, be, and XETSTA \ 1450 kc assignment). it is hereby continued to 10:00 o’clock a. m„ Wednesday, September 6, 1950, in F ederal Communications Commission, Washington, D. C.; and (3) that upon T. J. S low ie, completion of the further direct testi­ [SEAL] Secretary. mony of Champlain Valley Broadcasting Corporation (WXKW) commencing [F. R. Doc. 50-7768; Piled, Sept. 5, 1950; 8:46 a. m.] September 6, 1950, the further hearing in the above-entitled proceedings be, [Docket No. E-6312] and it is hereby, scheduled for 10:00 FEDERAL POWER COMMISSION R ockland Light and P ower Co. o’clock a. m., Tuesday, October 3, 1950. [Project No. 120] notice of application F ederal Communications S outhern California Edison Co. Commission, August 30, 1950. [seal] T. J. S lowie, NOTICE OF APPLICATION FOR AMENDMENT OF Take notice that on August 29, 1950, Secretary. LICENSE (MAJOR) an application was filed with the Federal Power Commission, pursuant to section [F. R. Doc. 50-7766; Piled, Sept. 5, 1950; ;-i August 30, 1950. 8:46 a. m.] 203 of the Federal Power Act, by Rock­ Public notice is hereby given that land Light and Power Company (here­ Southern California Edison Company, of inafter called “Rockland”) a corporation Los Angeles, California, has filed appli­ organized under the laws of the State of cation under the Federal Power Act (16 New York, and doing business in said [Dominican Republic Change List No. 6] U. S. C. 791a-825r) for amendment of the State with its principal business office license for water-power Project No. 120 D ominican R epublic B roadcast S tations at Nyack, New York, seeking an order located on San Joaquin River in the State authorizing Rockland to acquire 4,500 LIST OF -CHANGES, PROPOSED CHANGES AND of California to provide for certain shares, to a total par value of $450,000, CORRECTIONS IN ASSIGNMENTS changes in the project boundary and in- of the capital stock of Rockland Electric some of the project works. Company, a corporation organized under August 11, 1950. Any protest against the approval of the laws of the State of New Jersey and Notifications under the provisions of this application or request for hearing doing business in said State with its prin­ part III, section 2 of the North American thereon, with the reasons for such pro­ cipal business office at Nyack, New York; Regional Broadcasting Agreement. test or request and the name and address the consideration of $450,000 is to be List of changes, proposed changes, and of the party or parties so protesting or paid in cash and the stock is to be pur­ corrections in assignments of Dominican requesting, should be submitted before chased at par at a private sale; the funds Republic broadcast stations modifying October 10, 1950, to the Federal Power to purchase said stock will be obtained appendix containing assignments of Commission, Washington 25, D. C. by Rockland initially by short-term bor­ Dominican Republic broadcast stations rowings or from the Company’s general [seal] Leon M. F uquay, funds; all as more fully appears in the (Mimeograph 47214-2) attached to the Secretary. recommendations of the North American application on file with the Commission. Regional Broadcasting Agreement Engi­ [F. R. Doc. 50-6855; Filed, Sept. 5, 1950; Any person desiring to be heard or to neering Meeting, January 30,1941. 8:45 a. m.] make any protest with reference to said 6004 NOTICES

application should, on or before the 18th Western Railway Company and other further or formal hearing. If because day of September 1950, file with thè Fed­ carriers named in thé application. of an emergency a grant of temporary eral Power Commission, Washington 25) Commodities involved: Fetroleum and relief is found to be necessary before the D. C., a petition or protest in accordance Its products, including asphalt, carloads. expiration of the 15-day period, a hear­ with the Commission’s rules of practice From: Points in Wyoming. ing, upon a request filed within that and procedure. The application is on To: Points in Minnesota, North Da­ period, may be held subsequently. file with the Commission for public kota, and South Dakota. inspection. Grounds for relief: To restore rate By the Commission, Division 2. [seal] Leon M. F uquay, relationships. [seal] W. P. B artel, Secretary. Schedules filed containing proposed Secretary. rates: CB & Q., tariff I. C. C. No. 20041, [F. R. Doc. 50-7750; Piled, Sept. 5, 1950; [F. R. Doc. 50-7753; Filed, Sept. 5, 1950; 8:45 a. m.] Supplement 66. 8:45 a. m.] Any interested person desiring the Commission to hold a hearing upon such application shall request the Commission [Docket No. E-6311] in writing so to do within 15 days* from [4th Sec. Application 25371] the date of this notice. As provided by F lorida P ublic U tilities Co. the general rules of practice of the Com­ Citrus P omace B etween P oints in F lorida NOTICE OF APPLICATION mission, Rule 73, persons other than applicants should fairly disclose their application for relief August 29, 1950. interest, and the position they intend Take notice that on August 29, 1950, to take at the hearing with respect to A ugust 31, 1950. an application was filed with the Federal the application. Otherwise the Commis­ The Commission is in receipt of the Power Commission, pursuant to sections sion, in its discretion, may proceed to above-entitled and numbered applica­ 201 and 204 of the Federal Power Act, investigate and determine the matters tion for relief from the long-and-short- by Florida Public Utilities Company involved in such application without fur­ haul provision of section 4 (1) of the (hereinafter called “Applicant”) a cor­ ther or formal hearing. If bebause of Interstate Commerce Act. poration organized under the laws of the an emergency a grant of temporary re­ Filed by: R. E. Boyle, Jr., Agent, for State of Florida and doing business in lief is found to be necessary before the and on behalf of the Atlantic Coast *Line said State with its principal business of­ expiration of the 15-day period, a hear­ > Railroad Company and Louisville and fice at West Palm Beach, Florida, seek­ ing, upon a request filed within that Nashville Railroad Company. ing a determination whether or not period, may be held subsequently. Commodities involved : Citrus pomace, Applicant is a “public utility”'as defined carloads. in section 201 of the Federal Power Act, By the Commission, Division 2. Between : Points in Florida. and, if Applicant is determined to be a [SEAL] W. P. B artel, Grounds for relief : To meet intra­ “public .utility,” seeking an order au­ Secretary. state rates. thorizing the issuance of an unsecured [F. R. Doc. 50-7752; Filed, Sept. 5, 1950; Schedules filed containing proposed promissory note in the principal amount 8:45 a. m.] rates: C. A. Spaninger’s tariff I. Ç. C. of $600,000, payable to The Chase Na­ No. 975, Supplement 146. tional Bank of the City of New York Any interested person desiring the semi-annually in installments on April Commission to hold a hearing upon such 15, and October 15, of 1953, 1954, and [4th Sec. Application 25370] application shall request the Commission 1955, such note to bear interest at the in writing so to do within 15 days from rate of 3% percent per annum, payable P etroleum Lubricating Oil F rom P en n ­ sylvania to W est and S outhwest the date of this notice. As provided by quarterly; all as more fully appears in the general rules of practice of jthe Com­ the application on file with the Com­ APPLICATION FOR RELIEF mission, Rule 73, persons other than mission. A ugust 31, 1950. applicants should fairly disclose their Any person desiring to be heard or to interest, and the position they intend make any protest with reference to said The Commission is in receipt of the to take at the hearing with respect to application should, on or before the 20th above-entitled and numbered applica­ the application. Otherwise the Com­ day of September 1950, file with the tion for relief from the aggregate-of-in­ mission, in its discretion, may proceed to Federal Power Commission, Washington termediates provision of section 4 (1) of investigate and determine the matters 25, D. C., a petition or protest in accord­ the Interstate Commerce Act. involved in such application without ance with the Commission’s rules of Filed by : L. C. Schuldt, Agent, for and further or formal hearing. If because practice and procedure. The applica­ on behalf of carriers parties to fourth- of an emergency a grant of temporary tion is on file with the Commission for section application No. 25336. relief is found to be necessary before public inspection. Commodities involved : Petroleum the expiration of the 15-day period, a lubricating oil, tank carloads. [seal] Leon M. F uquay, hearing, upon a request filed within that From: Points in Pennsylvania. period, may be held subsequently. Secretary. To: Points in western trunk line and [F. R. Doc. 50-7751; Filed, Sept. 5, 1950; southwestern territories. By the Commission, Division 2. 8:45 a. m.J Grounds for relief: Competition with [seal] W. P. B artel, motor-water carriers. Secretary. Schedules filed containing proposed INTERSTATE COMMERCE rates: L. C. Schuldt’s tariff I. C. C. No. [F. R. Doc. 50-7754; Filed, Sept. 5, 1950; 8:45 a. m.] COMMISSION 3479, Supplement 238. Any interested person desiring the [4th Sec. Application 25369] Commission to hold a hearing upon such P etroleum F rom W yoming to the W est application shall request the Commis­ sion in writing so to do within 15 days [4th Sec. Application 25372] application for relief from the date, of this notice. As pro­ F ertilizer F rom Cottondale, F la., to vided by the general rules of practice of M adison and F indley S tation, F la. August 31, 1950. the Commission, Rule 73, persons other The Commission is in receipt of the than applicants should fairly disclose APPLICATION FOR RELIEF above-entitled and numbered applica­ "their interest, and the position they in­ August 31, 1950. tion for relief from the long-and-short- tend to take at the hearing with respect The Commission is in receipt of the haul provision of section 4 (1) of the to the application. Otherwise the Com­ above-entitled and numbered application Interstate Commerce Act. mission, in its discretion, may proceed for relief from the long-and-short-haul Filed by L. E. Kipp, Agent, for and to investigate and determine the matters provision of section 4 (1) of the Inter­ on behalf of the Chicago and North involved in such application without state Commerce Act. Wednesday, September 6, 1950 FEDERAL REGISTER 6005

Piled by: R. E. Boyle, Jr., Agent, for found to be necessary before the expira­ of the United States required that such and on behalf of the Atlanta & Saint tion of the 15-day period, a hearing, upon persons be treated as nationals of a des­ Andrews Bay Railway Company and a request filed within that period, may be ignated enemy country (Germany) on other carriers named in the application. held subsequently. such date. All determinations and all action re­ Commodities involved: Fertilizer and By the Commission, Division 2. fertilizer materials, carloads. quired by law, including appropriate Prom: Cottondale, Fla. [ seal] W. P. B artel, consultation and certification, having Secretary. been made and taken, and, it being To : Madison and Findley Station, Fla. deemed necessary in the national in­ Grounds for relief: To meet intra­ [F. R. Doc. 50-7756; Filed, Sept. 5, 1950; 8:45 a. m.] terest, state rates. There is hereby vested in the Attorney Schedules filed containing proposed General of the United States the prop­ rates: C. A. Spaninger’s tariff I. C. C. erty described above, to be held, used, No. 975, Supplement 146. administered, liquidated, sold or other­ Any interested person desiring the [4th Sec. Application 25359] wise dealt with in the interest of and Commission to hold a hearing upon such for the benefit of the United States. application shall request the Commis­ Logs F rom O sborn, M is s ., to Altavista, Va. This vesting order is issued nunc pro sion in writing so to do within 15 days tunc to confirm the vesting of the said from the date of this notice. As provided APPLICATION FOR RELIEF property by acceptance as aforesaid. by the general rules of practice of the The terms “national” and “designated Commission, Rule 73, persons other Correction enemy country” as used herein shall than applicants should fairly disclose In the application for relief on the have the meanings prescribed in section their interest, and the position they in­ 10 of Executive Order 9193, as amended. tend to take at the hearing with respect above subject, published in the third to the application. Otherwise the Com­ column on page 5859 in the issue for Executed at Washington, D. C„ on mission, in its discretion, may proceed to Wednesday, August 30, 1950, the brack­ August 4, 1950. investigate and determine the matters eted headnote should read as set forth For the Attorney General. involved in such application without above, and the Federal Register Docu­ further or formal hearing. If because of ment number should read: “50-7541”. [ seal] H arold I. B aynton, an emergency a grant of temporary re­ Assistant Attorney General, lief is found to be necessary before the Director, Office of Alien Property. expiration of the 15-day period, a hear­ DEPARTMENT OF JUSTICE [F. R. Doc. 50-7770; Filed, Sept. 5, 1950; ing, upon a request filed within that pe­ 8:50 a. m.] riod, may be held subsequently. Office of Alien Property By the Commission, Division 2. Authority: 40 Stat. 411, 55 Stat. 839, Pub. Laws 322, 671, 79th Cong., 60 Stat. 50, 925; 50 [ seal] W. P. B artel, U. S. C. and Supp. App. 1, 616; E. O. 9193, [Vesting Order 14957] Secretary. July 6, 1942, 3 CFR, Cum. Supp., E. O. 9567, E milie F unke and E lizabeth F unk s [F. R. DOC. 50-7755; Filed, Sept. 5, 1950; June 8, 1945, 3 CFR, 1945 Supp., E. O. 9788, 8:45 a. m.] Oct. 14, 1946, 11 F. R. 11981. In re: Trust under the Will of Emilie Funke, deceased, for the benefit of Eliza­ [Vesting Order 14920] beth Funke now known as Elizabeth I da H. P. K ogelschatz Funke Sonntag. File No. D-28-1962 and [4th Sec. Application 25373] G -l; E. T. sec. 1997. In re: estate of Ida H. P. Kogelschatz, Under the authority of the Trading Coal T ar and P itch F rom M inneqtja, deceased. File No. 017-11759. With the Enemy Act, as amended, Exec­ Colo., to M iller, T ex. Under the authority of the Trading utive Order 9193, as amended, and Ex­ APPLICATION FOR RELIEF With the Enemy Act, as amended, Ex­ ecutive Order 9788, and pursuant to law, ecutive Order 9193, as amended, and after investigation, it is hereby found: A ugust 31, 1950. Executive Order 9788, and pursuant to 1. That Elizabeth Funke Sonntag (for­ The Commission is in receipt of "the law, after investigation, it is hereby merly known as Elizabeth Funke), Eber- above-entitled and numbered application found: hard Herman Waetjeh, Peter Waetjen, for relief from the long-and-short-haul 1. That Gustave Landt, Paul Landt Karen Waetjen, Gesa Waetjen and Carl provision of section 4 (1) of the Inter­ and Bernard Landt, whose last known Gustav Waetjen, whose last known ad­ state Commerce Act. address was, on July 21, 1945, Germany, dress is Germany, are residents of Ger­ Filed by: D. Q. Marsh, Agent, for and were on such date residents of Germany many and nationals of a designated on behalf of carriers parties to his tariff and nationals of a designated enemy enemy country (Germany); I. C. C. No. 3904. country (Germany); 2. That all right, title, interest and Commodities involved: Coal tar and 2. That the sum of $248.22 was paid to claim of any kind or character whatso­ coal tar pitch, carloads. the Alien Property Custodian by the De­ ever of the persons named in subpara­ From: Minnequa, Colo. troit Trust Company, as executor of the graph 1 hereof, and each of them, in and To: Miller, Tex. estate of Ida H. P. Kogelschatz, deceased; to the Trust created under the Will of Grounds for relief : Circuito,us routes. 3. That the said sum of $248.22 was Emilie Funke, deceased, for the benefit Schedules filed containing proposed accepted by the Alien Property Custodian of Elizabeth Funke, now known as Eliza­ rates: D. Q. Marsh’s tariff X C. C. No. on July 21, 1945, pursuant to the Trad­ beth Funke Sonntag, is property payable 3904, Supplement 15. ing With the Enemy Act, as amended; or deliverable to, or claimed by the Any interested person desiring the 4. That the said sum of $248.22 is pres­ aforesaid nationals of a designated en­ Commission to hold a hearing upon such ently in the possession of the Attorney emy country (Germany); application shall request the Commis­ General of the United States and was 3. That such property is in the process sion in writing so to do within 15 days property within the United States owned of administration by Clarice G. Burkard, from the date of this notice. As pro­ or controlled by, payable or deliverable to, as Successor Trustee, acting under the vided by the general rules of practice of held on behalf of or on account of, or judicial supervision of the Surrogate’s the Commission, Rule 73, persons other owing to, or which was evidence of own­ Court of Queens County, New York; than applicants should fairly disclose ership or control by, the aforesaid na­ and it is hereby determined: their interest, and the position they in­ tionals of a designated enemy country 4. That to the extent that the persons tend to take at the hearing with respect (Germany) ; to the application. Otherwise the Com­ named in subparagraph 1 hereof are not mission, in its discretion, may proceed to and it is hereby determined: wichin a designated enemy country, the investigate and determine the matters 5. That to the extent that the persons national interest of the United States involved in such application without fur­ named in subparagraph 1 hereof were requires that such persons be treated as ther or formal hearing. If because of an not within a designated enemy country nationals of a designated enemy country emergency a grant of temporary relief is on July 21, 1945, the national interest (Germany). 6006 NOTICES

All determinations and all action re­ have the meanings prescribed in section [Vesting Order 14981] quired by law, including appropriate con­ 10 of Executive Order 9193, as amended. sultation and certification, having been H elen M aisch B all S treb made and taken, and, it being deemed Executed at Washington, D. C.,- on August 11, 1950. In re: Rights of Helen Maisch Ball necessary in the national interest, Streb under insurance contracts. File There is hereby vested in the Attorney For the Attorney General. Nos. F—28-30680-H-l, H-2. General of the United States the property [seal] H arold I. B aynton, Under the authority of the Trading described above, to be held, used, admin­ Assistant Attorney General, With the Enemy Act, as amended, istered, liquidated, sold or otherwise dealt Director, Office of Alien Property. Executive Order 9193, as amended, and with in the interest of and for the benefit Executive Order 9788, and pursuant to of the United States. [P. R. Doc. 50-7772; Plied, Sept. 5, 1950; law, after investigation, it is hereby The terms “national” and “designated 8:50 a. m.] found: enemy country” as used herein shall have 1. That Helen Maisch Ball Streb, the meanings prescribed in section 10 of whose last known address is Germany, Executive Order 9193, as amended. is a resident of Germany and a national [Vesting Order 14980] Executed at Washington, D. C., on of a designated enemy country (Ger­ August 11, 1950. Cora S tappenbacher many) ; 2. That the net proceeds due- or to be­ For the Attorney General. In re: Rights of Cora Stappenbacher under insurance contracts. Files No. come due under contracts of insurance [seal] H arold I. B aynton, F-28-24354-H-1, H-2. evidenced by policies Nos. 185,854 M I Assistant Attorney General, Under the authority of the Trading and 167,431 M I, issued by the Metro­ Director, Office of Alien Property, With the Enemy Act, as amended, Ex­ politan Life Insurance Company, New [P. R. Doc. 50-7771; Piled, Sept. B, 1950; ecutive Order 9193, as amended, and York, New York, to Helen Maisch Ball 8:50 a. m.] Executive Order 9788, and pursuant to Streb, together with the right to demand, law, after investigation, it is hereby receive and collect said net proceeds* found: is property within the United States 1. That Cora Stappenbacher, whose owned or controlled by, payable or de­ [Vesting Order 14979] last known address is Germany, is a resi­ liverable to, held on behalf of or on ac­ Y oshino S hibata dent of Germany and a national of a count of, or owing to, or which is designated enemy country (Germany); evidence of ownership or control by, the In re: Rights of Yoshino Shibata un­ 2. That the net proceeds due or to be­ aforesaid national of a designated enemy der insurance contract. File No. F-39- come due under contracts of insurance country (Germany); 5792-H-l. evidenced by policies No. 75647793 and and it is hereby determined: Under the authority of the Trading 103 075 364, issued by the Metropolitan With the Enemy Act, as amended, Exec­ 3. That to the extent that the person Life Insurance Company, New York, New named in subparagraph 1 hereof is not utive Order 9193, as amended, and Exec­ York, to Cora Stappenbacher, together utive Order 9788, and pursuant to law, within a designated enemy country, the with the right to demand, receive and national interest of the United States after investigation, it is hereby found: collect said net proceeds, 1. That Yoshino Shibata, whose last requires that such person be treated as known address is Japan, is a resident of is property within the United States a national of a designated enemy country Japan and a national of a designated owned or controlled by, payable or de­ (Germany). _ enemy country (Japan); liverable to, held on behalf of or on All determinations and all action re­ 2. That the net proceeds due or to account of, or owing to, or which is evi­ quired by law, including appropriate con­ become due under a contract of insur­ dence of ownership or control by, the sultation and certification, having been ance evidenced by policy No. 15 Oil 016, aforesaid national of a designated enemy made and taken, and, it being deemed issued by the New York Life Insurance country (Germany); necessary in the national interest, There is hereby vested in the Attorney Company, New York, New York, to and it is hereby determined: Mineko Masumoto, together with the General of the United States the prop­ 3. That to the extent that the person erty described above, to be held, used, ad­ right to demand, receive and collect said named in subparagraph 1 hereof is not net proceeds, ministered, liquidated, sold or otherwise within a designated enemy country, the dealt with in the interest of and for the is property within the United States national interest of the United States bene'fit of the United States. owned or controlled by, payable or de­ requires that such person be treated as The terms “national” and "designated liverable to, held on behalf of or on a national of a designated enemy coun­ enemy country” as used herein shall account of, or owing to, or which is evi­ try (Germany). have the meanings prescribed in section dence of ownership or control by, the All determinations and all action re­ 10 of Executive Order 9193, as amended. aforesaid national of a designated enemy quired by law, including appropriate country (Japan); consultation and certification, having Executed at Washington, D. C., on been made and taken, and, it being August 11, 1950. and it is hereby determined: deemed necessary in the national in­ For the Attorney General. 3. That to the extent that the person terest, named in subparagraph 1 hereof is not There is hereby vested in the Attorney [ seal] H arold I. B aynton, within a designated enemy country, the General of the United States the prop­ Assistant Attorney General, national interest of the United States erty described above, to be held, used, Director, Office of Alien Property. requires that such person be treated as administered, liquidated, sold or other­ [F. R. Doc. 50-7774; Filed, Sept. 5, 1950; a national of a designated enemy coun­ wise dealt with in the interest of and for 8:50 a. m.] try (Japan). the benefit of the United States. All determinations and all action re­ The terms “national” and “designated quired by law, including appropriate enemy country” as used herein shall consultation and certification, having have the meanings prescribed in section [Vesting Order 14983] been made and taken, and, it being 10 of Executive Order 9193, as amended. deemed necessary in the national in­ G ustave W achenfeld terest, Executed at Washington, D. C., on August 11, 1950. In re: Rights of Gustave Wachenfeld There is hereby vested in the Attorney under insurance contract. File No. F- General of the United States the prop­ For the Attorney General. 28-25124-H-2. erty described above, to be held, used, [ seal] H arold I. B aynton, Under the authority of the Trading administered, liquidated, sold or other­ With the Enemy Act, as amended, Ex­ wise d,ealt with in the interest of and for Assistant Attorney General, Director, Office of Alien Property. ecutive Order 9193, as amended, and the benefit of the United States. Executive Order 9788, and pursuant to The terms “national” and “designated [F. R, Doc. 50-7773; Filed, Sept. 5, 1950; law, after investigation, it is hereby enemy country” as used herein shall 8:50 a. m.] found: Wednesday, September 6, 1950 FEDERAL REGISTER 6007 1. That Gustave Wachenfeld, whose Is property within the United States national interest of the United States last known address is Germany, is a res­ owned or controlled by, payable or de­ requires that such person be treated as ident of Germany and a national of a liverable to, held on behalf of or on ac­ a national of a designated enemy coun­ designated enemy country (Germany); count of, or owing t o , or which is try (Germany). 2. That the net proceeds due or to be­ evidence of ownership or control by, the All determinations and all action re­ come due under a contract of insurance aforesaid national of a designated enemy quired by law, including appropriate con­ evidenced by policy No. 75837375, issued country (Japan); sultation and certification, having been made and taken, and, it being deemed by The Prudential Insurance Company and it is hereby determined: of America, Newark, New Jersey, to Gus­ necessary in the national interest, 3. That to the extent that the person There is hereby vested in the Attorney tave Wachenfeld, together with the right named in subparagraph 1 hereof is not to demand, receive and collect said net Général of the United States the prop­ within a designated enemy country, the erty described above, to be held, used, proceeds, national interest of the United States administered, liquidated, sold or other­ is property within the United States requires that such person be treated as wise dealt with in the interest of and owned or controlled by, payable ór de­ a national of a designated enemy coun­ for the benefit of the United States. liverable to, held on behalf of or on ac­ try (Japan). The terms “national” and “designated count of, or owing to, or which is All determinations and all action re­ enemy country” as used herein shall have evidence of ownership or control by, the quired by law, including appropriate the meanings prescribed in section 10 of aforesaid national of a designated consultation and certification, having Executive Order 9193, as amended. enemy country (Germany); been made and taken, and, it being deemed necessary in the national in­ Executed at Washington, D. C„ on and it is hereby determined: terest, August 11, 1950. 3. That to the extent that the person There is hereby vested in the Attorney For the Attorney General. named in subparagraph 1 hereof is not General of the United States the prop­ within a designated enemy country, the erty described above, to be held, used, [ seal] H arold I. B aynton, national interest of the United States administered, liquidated, sold or other­ Assistant Attorney General, requires that such person be treated as wise dealt with in the interest of and for Director, Office of Alien Property. a national of a designated enemy country the benefit of the United States. [F. R. Doc. 50-7777; Filed Sept. 5, 1950; (Germany'). The terms “national” and “designated 8:50 a. m.] All determinations and all action re­ enemy country” as used herein shall have quired by law, including appropriate the meanings prescribed in section 10 of consultation and certification, having Executive Order 9193, as amended. been made and taken, and, it being [Vesting Order 14994] deemed necessary in the national Executed at Washington, D. C., on interest, August 11, 1950. J apanese G overnment There is hereby vested in the Attorney For the Attorney General. In re: Bank accounts owned by Japa­ General of the United States the prop­ nese Government. F-39-3106-E-8. erty described above, to be held, used, [seal] H arold I. B aynton, Under the authority of the Trading administered, liquidated, sold or other­ Assistant Attorney General, With the Enemy Act, as amended, Execu­ wise dealt with in the interest of and Director, Office of Alien Property. tive Order 9193, as amended, and Execu­ for the benefit of the United States. [F. R. Doc. 50-7776; Filed, Sept. 5, 1950; tive Order 9788, and pursuant to law, The terms “national” and “designated 8:50 a. m.] after investigation, it is hereby found: enemy country” as used herein shall 1. That the property described as fol­ have the meanings prescribed in section lows: 10 of Executive Order 9193, as amended. a. That certain debt or other obliga­ [Vesting Order 14985] Executed at Washington, D. C„ on tion of The Yokohama Specie Bank, August 11, 1950. Anna W erle Limited, Honolulu Office, P. O. Box 1200, Honolulu, T. H., arising out of a checking For the Attorney General. In re. Rights of Anna Werle under account, Receiver’s Liability No. 54, en­ Insurance contract. File No. F-28— titled Japanese Consulate General “E” [seal] H arold I. B aynton, 12707-H-l. Assistant Attorney General, Account, maintained at the aforesaid Director, Office of Alien Property. Under the authority of the Trading bank, and any and all rights to demand, With the Enemy Act, as amended, Ex­ enforce and collect the same, [F. R. Doc. 50-7775; Filed, Sept. 5, 1950; 8:50 a. m.] ecutive Order 9193, as amended, and b. That certain debt or other obliga­ Executive Order 9788, and pursuant to tion of The Yokohama Specie Bank, law, after investigation, it is hereby Limited, Honolulu Office, P. O. Box 1200, found.: Honolulu, T. H., arising out of a checking [Vesting Order 14984] 1. That Anna Werle, whose last known account, Receiver’s Liability No. 55, en­ titled Japanese Consulate General “F” HlSAKATStT WATANABE address is Germany, is a resident of Germany and a national of a designated Account, maintained at the aforesaid In re: Rights of Hisakatsu Watanabe enemy country (Germany); bank, and any and all rights to demand, under insurance contract. File No. D- 2. That the net proceeds due or to be­ enforce and collect the same, 39 -14201-H-l. come due under a contract of insurance c. That certain debt or other obliga­ Under the authority of the Trading evidenced by policy No. 45981, issued by tion of The Yokohama Specie Bank, With the Enemy Act, as amended, Ex­ the New York Life insurance Company, Limited, Honolulu Office, P. O. Box 1200, ecutive Order 9193, as amended, and Ex­ New York, New York, to Barbara Metz, Honolulu, T. H., arising out of a checking ecutive Order 9788, and pursuant to law, together with the right to demand, re­ account, Receiver’s Liability No. 58, en­ after investigation, it is hereby found: ceive and collect said net proceeds, titled. Japanese Consulate General “W” 1. That Hisakatsu Watanabe, whose Account, maintained at the aforesaid last known address is Japan, is a resi­ is property within the United States bank, and any and all rights to demand, dent of Japan and a national of a desig­ owned or controlled by, payable or de­ enforce and collect the same, and liverable to, held on behalf of or on ac­ d. That certain debt or other obliga­ nated enemy country (Japan); count of, or owing to, or which is evidence 2. That the net proceeds due or to be­ tion of The Yokohama Specia Bank, of ownership or control by, the afore­ Limited, Honolulu Office, P. O. Box 1200, come due under a contract of insurance said national of a designated enemy evidenced by policy No. 7 869 500, issued Honolulu, T. H., arising out of a checking by the New York Life Insurance Com­ country (Germany); account, Receiver’s Liability No. 57, en­ pany, New York, New York, to Hisakatsu and it is hereby determined: titled Japanese Consulate General “Z” Watanabe, together with the right to 3. That to the extent that the person Account, maintained at the aforesaid demand, receive and collect said net pro­ named in subparagraph 1 hereof is not bank, and any and all rights to demand, ceeds, , within a designated enemy country, tfce enforce and collect the same, No. 172------4 6008 NOTICES

Is property within the United States allowing thè claim, which is incorporated Executed at Washington, D. C., on owned or controlled by, payable or de­ by reference herein and filed herewith, August 28, 1950. liverable to, held on behalf of or on ac­ It is ordered, That the claimed prop­ count of, or owing to, or which is evidence erty, described below and in the deter­ For the Attorney General. of ownership or control by, a designated mination, be returned, subject to any [ seal] P aul V. M yron, enemy country (Japan); increase or decrease resulting from the Deputy Director, All determinations and all action re­ administration thereof prior to return, Office of Alien Property. quired by law, including appropriate and after adequate provision for taxes consulation and certification, having and conservatory expenses: [F. R. Doc. 50-7781; Filed, Sept. 5, 1950; 8:51 a. m.] been made and taken, and, it being Claimant, Claim No., and Property deemed necessary in the national in­ terest, Marie Wilbur Turini, Rome, Italy; all right, There is hereby vested in the Attorney title, interest and claim of any kind or char­ acter whatsoever of Marie W. Turini in and [Return Order No. 723] General of the United States the prop- to the trust estate created under the will of perty described above, to be held, used, Pranklyn P. Wilbur, deceased, to Marie Wil­ S alvatore B ongiovanni administered, liquidated, sold or other­ bur Turini; $7,358.05 in the Treasury of the . Having considered the claims set forth wise dealt with in the interest of and for United States to Marie Wilbur Turini. below and having issued a determination the benefit of the United States. Guglielmo Turini, Guardian, Rome, Italy; allowing the claim, which is incorpo­ The term “designated enemy country” all right, title,, interest and claim of any kind rated by reference herein and filed here­ as used herein shall have the meaning or character whatsoever of Alessandra, Gio­ with, prescribed in section 10 of Executive vanna and Donatella Turini, minor children Order 9193, as amended. of Marie W. Turini, in and to the trust estate It is ordered, That the claimed prop­ created under the will of Franklyn F. Wilbur, erty, described below and in the deter­ Executed at Washington, D. C., on deceased, to Guglielmo Turini, as natural mination, be returned, subject to any August 11, 1950. guardian. incrèase or decrease resulting from the Bank of New York and Fifth Avenue Bank, administration thereof prior to return, For the Attorney General. Trustee u/w of Pranklyn Freeman Wilbur, New York, New York; Claim No. 5532; all and after adequate provision for taxes [ seal] H arold I. B aynton, right, title, interest and claim of any kind and conservatory expenses: Assistant Attorney General, or character whatsoever of the future born Claimant, Claim No., Notice of Intention To Director, Office of Alien Property. children of Marie W. Turini, the future born Return Published, and Property issue of children of Marie W. Turini and the [P. R. Doc. 50-7778; Piled, Sept. 5, 1950; Salvatore Bongiovanni, Rome, Italy; Claim 8:51 a. m.] next of kin of any deceased child of Marie W. TUrini, whose names are unknown, and No. 39945; April 13, 1950 (15 F. R. 2095); $64,236.02 in the Treasury of the United each of them, in and to the trust estate .States. created under the will of Pranklyn P. Wilbur, [Return Order 719] deceased, to the Bank of New York and Fifth Appropriate documents and papers Avenue Bank, Trustee. effectuating this order will issue. P asquale R omito et al. , Noticed intention to return published: July 22, 1950 (15 P. R. 4734). Executed at Washington, D. C., on Having considered the claim set forth August 29, 1950. below and having issued a determination Appropriate documents and papers ef­ allowing the claim, which is incorpo­ fectuating this order will issue. For the Attorney General. rated by reference herein and filed here­ Executed at Washington, D. c., on [seal] P aul V. M yron, with, August 29, 1950. Deputy Director, It is ordered, That the claimed prop­ Office of Alien Property. erty, described below and in the deter­ For the Attorney General. mination, be returned, subject to any [P. R. Doc. 50-7782; Piled, Sept. 5, 1950; increase or decrease resulting from the [ seal] P aul V. M yron, 8:51 a. m.] administration thereof prior to return, Deputy Director, and after adequate provision for taxes Office of Alien Property. and conservatory expenses: [P. R. Doc. 50-7780; Filed, Sept. 5, 1950; [Return Order 724] Claimant, Claim Number, Notice of Intention 8:51 a. m ] To Return Published, and Property F rieda K ay Pasquale Romito, Claim No. 35354; Fran­ Having considered the claim set forth cesco Romito, Claim No. 35355; Guiseppe [Return Order 722] below and having issued a determina­ Romito, Claim No. 35356; Rosina Sarvancio, tion allowing the claim, which is incor­ Claim No. 35357; all of Catanzaro, Italy; J ohanna F riederike S chybilski-M orris July 21, 1950 (15 P. R. 4704); $1,499.53 in porated by reference herein and filed the Treasury of the United States to each Having considered the claim set forth herewith, claimant. All right, title and interest of below and having issued a determination It is ordered, That the claimed prop­ •Pasquale Romito, Francesco Romito, Gui­ allowing the claim, which is incorporated erty, described below and in the deter­ seppe Romito and Rosina Sarvancio and each by reference herein and filed herewith, mination, be returned, subject to any of them in and to the Estate of John Romito, increase or decrease resulting from the deceased. It is ordered, That the claimed prop­ erty, described below and in the deter­ administration thereof prior to return, Appropriate documents and papers mination, be returned, subject to any and after adequate provision for taxes effectuating this order will issue. increase or decrease resulting from the and conservatory expenses: Executed at Washington, D. C., on administration thereof prior to return, Claimant, Claim Number, Notice of Intention August 29, 1950. and after adequate provision for taxes to Return Published, and Property and conservatory expenses: Frieda Kay, Cheshire, England; Claim No. For the Attorney General. Claimant, Claim Number, Notice of Intention 42015; July 21, 1950 (15 F. R. 4704); $250.00 in the Treasury of the United States. [seal] P aul V. M yron, To Return Published, and Property Deputy Director, Johanna Friederike Schybilski-Morris Appropriate documents and papers ef­ Office of Alien Property. (Hannah Morris), 61 Osborne Terrace, New­ fectuating this order will issue. [P. R. Doc. 50-7779; Piled, Sept. 5, 1950; ark, N. J.; Claim No. 40414; July 21, 1950 (15 Executed at Washington, D. C., on 8: 51 a. m.] F, R. 4704) ; $2,666.49 in the Treasury of the August 29, 1950. United States. All right, title and interest of Johanna Friederike Schybilski-Morris For the Attorney General. (Hannah Morris) in and to the Estate of [Return Order 720] [ seal] P aul V. M yron, Bruno Schybilskl (also known as George Deputy Director, M arie W ilbur T u rin i, et al. Schmidt) deceased. Office of Alien Property. Having considered the claim set forth Appropriate documents and papers [F. R. Doc. 50-7783; Filed, Sept. 5, 1950; below and having issued a determination effectuating this order will issue. 8:51 a. m.] Wednesday, September 6, 1950 FEDERAL REGISTER 6009 State Copyright Office (listed in Exhibit A of t Return, order 725} 1950 (15 F. R. 2865); $1,480.78 cash in the Treasury of the United States. said vesting order). PASQUALE I. SIMONELLI Appropriate documents and papers ef­ Executed at Washington, D. C.t on Having considered the claim set forth fectuating this order will issue. August 29, 1950. below and having issued a determination For the Attorney General. allowing the claim, which is incorpo­ Executed at Washington, D. C., on rated by reference herein and filed here­ August 29, 1950. [seal] P aul V. M yron, For the Attorney General. Deputy Director, with, Office of Alien Property. It is ordered, That the claimed prop­ [ seal] P aul V. M yron, erty, described below and in the deter­ Deputy Director, [F. R. Doc. 50-7787; Filed, Sept. 5, 1950; mination, be returned, subject to any Office of Alien Property. 8:52 a. m.] increase or decrease resulting from the administration thereof prior to return, [F. R. Doc. SO -?^; Filed, Sept. 5, 1950; and after adequate provision for taxes 8:52 a. m.] and conservatory expenses: D esclee and Cie, S ociété S t. J ean l’E vangéliste Claimant, Claim Number, Notice of Intention To Return Published, and Property I gnaz B ergenthal NOTICE OF INTENTION TO RETURN VESTED Pasquale I. Simonelli, Naples, Italy; Claim PROPERTY No. 36172; July 6, 1950 (15 F. R. 4307); all NOTICE OF INTENTION TO RETURN VESTED PROPERTY Pursuant to section 32 (f ) of the Trad­ right, title and interest of Pasquale I. ing With the Enemy Act, as amended, Simonelli in and to the following life insur­ Pursuant to section 32 (f ) of the Trad­ notice is hereby given of intention to ance policies on the life of Pasquale I. ing With the Enemy Act, as amended, Simonelli; Travelers Insurance Company, return, on or after 30 days from the date Certificate No. 1627262; New York Life In­ notice is hereby given of intention to of publication hereof, the following prop­ surance Company, Certificate No. 4586630; return, on or after 30 days from the date erty located in Washington, D. C., includ­ Metropolitan Life Insurance Company, Cer­ of the publication hereof, the following ing all royalties accrued thereunder and tificate No. 1641477A; Equitable Life Assur­ property, subject to any increase or de­ all damages and profits recoverable for ance Society of United States, Certificates crease resulting from the administration past infringement thereof, after ade­ Nos. 1714690, 2713870, 2899280, and 2901183; thereof prior to return, and after ade­ quate provision for taxes and conserva­ said policies in custody Real Estate Section, quate provision for taxes and conserva­ Office of Alien Property, Washington, D. C. tory expenses: All right, title and interest of Pasquale I. tory expenses: Claimant and Property Claimant, Property, and Location Simonelli in and to any and all obligations Desclee and Cie, Société St. Jean l’Evan- owing to Pasquale I. Simonelli by East River Ignaz Bergenthal, Amsterdam, Nether­ geliste, 13 rue Barthélémy Frison, Tournai, Savings Bank, 60 Spring Street, New York, lands; Claim No. 36207; $168.01 in the Treas­ Belgium; Claim No. 11355; $7,119.43 in the New York, and represented on the books of ury of the United States; 16 shares of no par_ Treasury of the United States. Property to said Bank as “Expenses Payable”. value common A stock of General Aniline the extent owned by the claimant immedi­ 10 shares of New York Title and Mortgage and Film Corporation, a Delaware corpora­ ately prior to the vesting thereof by Vesting Company, $10 P. V. Capital Stock, Certificate tion, registered in the name of the Attorney Order No. 473 ( 8 F. R. 3679, March 25, 1943) No. X-5178, presently with the Deposit and General of the United States, Account No. relating to a work entitled “Liber Usualis”. Clearance Section, New York, New York. 28-4819, represented by Certificate No. 4174, Real property described as follows: That presently in the custody of the Safekeeping Executed at Washington, D. C., on certain lot or parcel of land in the Borough Department of the Federal Reserve Bank of August 29, 1950. of Manhattan, City, County, and State of New York, being known as and by the num­ New York. For the Attorney General. ber 326 West 89th Street, New York, New Executed at Washington, D. C., on [ seal] P aul V. M yron, York. August 29, 1950. Deputy Director, Appropriate documents and papers ef­ For the Attorney General. Office of Alien Property. fectuating this order will issue. [ seal] P aul V. M yron, [F. R. Doc. 50-7788; Filed, Sept. 5, 1950; Executed at Washington D. C., on Deputy Director, 8:52 a. m.] August 29, 1950. Office of Alien Property. For the Attorney General. [F. R. Doc. 50-7786; Filed, Sept. 5, 1950; 8:52 a. m.] [seal] P aul V. M yron, I da Erlanger Deputy Director, Office of Alien Property. NOTICE OF INTENTION TO RETURN VESTED PROPERTY [F. R. Doc. 50-7784; Filed, Sept. 5, 1950; 8:51 a. m.] G. S eyfarth Pursuant to section 32 (f) of the Trad­ ing With the Enemy Act, as amended, NOTICE OF INTENTION TO RETURN VESTED notice is hereby given of intention to PROPERTY return, on or after 30 days from the date [Return Order 731] Pursuant to section 32 (f) of the Trad­ of the publication hereof, the following ing With the Enemy Act, as amended, property, subject to any increase or de­ H ans F elsegg notice is hereby given of intention to crease resulting from the administration return, on or after 30 days from the date thereof prior to return, and after ade­ Having considered the claim set forth quate provision for taxes and conserva­ below and having issued a determination of publication hereof, the following prop­ allowing the claim, which is incorpo­ erty located in Washington, D. C., in­ tory expenses: rated by reference herein and filed here­ cluding all royalties accrued thereunder Claimant, Property, and Location with, and all damages and profits recoverable Ida Erlanger, Kew Gardens 15, New It is ordered, That the claimed prop­ for past infringement thereof, after ade­ York; Claim No. 57404; $763.15 in the Treas­ erty, described below and in the deter­ quate provision for taxes and conserva­ ury of the United States. tory expenses: mination, be returned, subject to any Executed at Washington, D. C., on increase or decrease resulting from the Claimant, Claim No., and Property August 29,1950. administration thereof prior to return, Mrs. Georgeon and Mr. A. Dabrowiecki, For the Attorney General. and after adequate provision for taxes d/b/a G. Seyfarth, Lokietka 6-A, Krakow, and conservatory expenses: Poland; Claim No. 37364; property to the ex­ [ seal] P aul V. M yron, Claimant, Claim Number, Notice of Intention tent owned by the claimants immediately Deputy Director, To Return Published, and Property prior to the vesting thereof, described in Office of Alien Property. Vesting Order No. 4033 (9 F. R. 13269, Novem­ Hans Felsegg, alias Pospischil, Salzburg, ber 8, 1944) relating to certain copyrights [F. R. Doc. 50-7789; Filed, Sept. 5, 1950; 8:52 a. m.] Parsch, Austria; Claim No. 42413; May 12, identified by assignments in the United 6010 NOTICES

I. R z e p e c k i Claimant and Property Increase or decrease resulting from the NOTICE OP INTENTION TO RETURN VESTED Helen Foure, Paris, Prance; Claim No. administration thereof prior to return, PROPERTY 35529; $1,146.31 in the Treasury of the United and after adeqüate provision for taxes States to. Helen Foure. Pursuant to section 32 (f ) of the Trad­ Jacques Foure, Paris France; and Mme. and conservatory expenses: ing With the Enemy Act, as amended, Carl de Suze, nee Jacqueline Foure, Boston, Claimant and Property and Location notice is hereby given of intention to Mass.; Claim No. 35529; $438.32 in the Treas­ ury of the United States in equal shares to Luigi Carbagnati, Milan, Italy; Claims Nos. return, on or after 30 days from the date 41231 & 42184; $7,749.84 in the Treasury of of publication hereof, the following Jacques Foure and Mme. Carl de Suze, nee Jacqueline Foure, subject to the lifetime •the United States. property located in Washington, D. C„ use thereof in Helene, Foure. including all royalties accrued thereun­ Executed at Washington, D. C. on Aug­ Property to the extent owned by the re­ ust 29, 1950. der and all damages and profits recover­ spective claimants and their predecessor in able for past infringement thereof, after interest immediately prior to vesting thereof For the Attorney General. adequate provision for taxes and con­ by Vesting Order No. 3430 (9 F. R. 6464, June servatory expenses: 13, 1944; 9 F. R. 13768, November 17, 1944), [ se a l] . P aul V. M y r o n , relating to literary works entitled: "Acre- Deputy Director, Claimant and Property mant: Ces Dames Aux Chapeaux Verts”, Office of Alien Property. Mrs. Maria Rzepecka d /b /a I. Rzepecki, “Souvenirs Français en Amérique”, and “A [F. R. Doc. 50-7791; Filed, Sept. 5, 1950; Marszalkowskl 91, Warsaw, Poland; Claim No. French Reader”; Helene Foure to receive a 8:52 A. M.] 37362; property to the extent owned by the % interest in “Acremant: Ces Dames Aqx claimant Immediately prior to the vesting Chapeaux Verts” and “Souvenirs Français en thereof, described in Vesting Order No. 4033 Amérique” and Jacques Foure? and Mme. (9 P. R. 13269, November 8, 1944) relating Carl de Suze each to receive yg interest sub­ W il l ia m G erb to certain copyrights identified by assign­ ject to the lifetime use thereof in Helene ments in the United States 'Copyright Office Foure; Helene Foure to receive % interest in NOTICE OP INTENTION TO RETURN VESTED (listed in Exhibit A of said vesting order). “A French Reader’? and Jacques Foure and PROPERTY Mme. Carl de Suze each to receive y6 interest Executed at Washington, D. C., on subject to the lifetime use thereof in Helene Pursuant to section 32 (f) of the Trad­ August 29, 1950. Foure. ing With the Enemy Act, as amended, notice is hereby given of intention to For the Attorney General. Executed at Washington, D, C., August return, on or after 30 days from the date [ se a l] P aul V. M y r o n , 29, 1950. of publication hereof, the following Deputy Director, For the Attorney General. property located in Washington, D. C., Office of Alien Property. including all royalties accrued there­ [P. R. Doc. 60-7793; Filed, Sept. 5, 1950; [ se a l] P aul V . M y r o n , under and all damages and profits re­ 8:52 a. m.] Deputy Director, coverable for past infringement thereof, Office of Alien Property. after adequate provision for taxes and conservatory expenses: [F. R. Doc. 50-7790; Filed, Sept. 5, 1950; H e l e n e F oure e t al, 8:52 a. m.] Claimant and Property NOTICE OP INTENTION TO RETURN VESTED William Gerb, Syria, Graz, Austria; PROPERTY Claim No. 37614; property described in Vest­ ing Order No. 201 (8 F. R. 625, January 16, Pursuant to section 32 (f ) of the Trad­ 1943), relating to United States Patent Nos. ing With the Enemy Act, as amended, L u ig i C arbagnati 2,045,384 and 2,148,937. notice is hereby given of intention to NOTICE OP INTENTION TO RETURN VESTED Executed at Washington, D. C., on return, on or after 30 days from the date PROPERTY August 29, 1950. of publication hereof, the following property located in Washington, D. C., Pursuant to section 32 (f) of the For the Attorney General. Trading With the Enemy Act, as Including all royalties accrued there­ [ se a l] P aul V. M y r o n , under and all damages and profits re­ amended, notice is hereby given of in­ Deputy Director, coverable for past infringement thereof, tention to return, on or after 30 days Office of Alien Property. after adequate provision for taxes and from the date of the publication hereof, conservatory expenses: [F. R. Doc. 50-7792; Filed, Sept. 5, 1950; the following property, subject to any 8:52 a. m.J