♦

VOLUME 16 ■ NUMBER 224

Washington, Saturday, November 17, 1951

TITLE 3— THE PRESIDENT (b) Share tenant and share cropper CONTENTS protection. Notwithstanding the estab­ EXECUTIVE ORDER 10305 lishment of a proportionate share for THE PRESIDENT each farm under paragraph (a) of this Revoking E xecutive O rder No. 102071 op section, eligibility of any producer of Executive Order , PaSe January 23, 1951, E stablishing the sugarcane for payment shall be subject Revocation of E. O. No. 10207 es­ President’s C om m ission on I nternal to the following conditions: tablishing President’s Commis­ Security and I ndividual R ights (1) That the number of share tenants sion on Internal Security and By virtue of the authority vested iif me or share croppers engaged in the produc­ Individual Rights______» 11667 as President of the United States, it is tion of sugarcane of the 1951-52 crop on EXECUTIVE AGENCIES ordered as follows: the farm shall not be reduced below the 1. Executive Order No. 10207 of Janu­ number so engaged with respect to the Agriculture Department ary 23, 1951, entitled “Establishing the previous crop, unless such reduction is See Production and Marketing President’s Commission on Internal Se­ approved by the Director of the Carib­ Administration. curity and Individual Rights’’, is hereby bean Area Office of the Production and Civil Aeronautics Administra­ revoked. Marketing Administration, San Juan, tion 2. The Department of the Treasury Puerto Rico; and Proposed rule making: shall liquidate the outstanding affairs of (2) That such producer shall not have Airworthiness certificates_____11697 the said Commission, and unexpended entered into any leasing or cropping Certification and operation rules funds of the Commission shall be avail­ agreement for the purpose of diverting to for scheduled air carriers op­ able for the purposes of such liquidation. himself or other producer any payments erating outside the conti­ to which share tenants or share croppers H arry S. T ruman nental limits of the U. S_____11698 would be entitled if their leasing or Irregular air carrier and off- T he W hite H ouse, cropping agreements for the previous route rules______11698 November 14, 1951. crop were in effect. Scheduled air carrier rules_____11698 [P. R. Doc. 51-13874; Filed, Nov. 16. 1951; STATEMENT OF BASES AND CONSIDERATION Civil Aeronautics Board 10:29 a. m.] Requirements of the Sugar Act. As a See also Civil Aeronautics Ad­ condition for payment, section 301 (b) ministration. of the act requires compliance with the Notices: TITLE 7— AGRICULTURE proportionate share established for the E. W. Wiggins Airways, Inc.; farm. Such proportionate share shall hearing______11699 Chapter VIII— Production and Market­ be the farm’s share of the quantity of Rules and regulations: ing Administration (Sugar Branch), sugarcane required to be processed to Maintenance,'repair, and alter­ Department of Agriculture enable the producing area to meet its ation of certificated aircraft quota (and provide a normal carryover and of aircraft engines; pro­ Subchapter G— Determination of Proportionate pellers and instruments; me­ Shares inventory) as estimated by the Secretary for the calendar year during which the chanical work performed on [Sugar Determination 857.4] larger part of the sugar from such crop U. S. registered aircraft by P art 857—P uerto R ico normally would be marketed. Section . certain Canadian mechanics. 11671 302 (a) of the act provides that the Coast Guard proportionate shares for sugarcane amount of sugar with respect to which Notices: FARMS FOR 1951-52 CROP payment may be made shall be the Pilot rules for Mobile River and Pursuant to the provisions of section amount of sugar, raw value, commer­ Mobile Harbor; hearing_____11699 302 of the Sugar Act of 1948 (herein re­ cially recoverable from the sugarcane Commerce Department ferred to as “act”), the following deter­ grown on the farm and marketed (or See Civil Aeronautics Administra­ mination is hereby issued : processed) for sugar or liquid sugar not in excess of the proportionate share es­ tion; International Trade, Of­ i 857.4 Proportionate shares for tablished for the farm. Section 302 (b) fice of; National Production sugarcane farms in Puerto Rico for the provides that the Secretary shall, inso­ Authority. 1951^-52 crop— (a) Farm proportionate far as practicable, protect the interests Customs Bureau share. The proportionate share for each of new producers and small producers, Rules and regulations: farm in Puerto Rico for the 1951-52 crop and the interests of producers who are Air commerce regulations; mis­ shall be the amount of sugar, raw value, cash tenants, share tenants, adherent cellaneous amendments_____11672 commercially recoverable from sugar­ planters, or share croppers. Defense Department cane grown thereon and marketed (or Situation indicated for 1952. The bulk of the sugar extracted from sugar­ Delegation of authority to Secre­ Processed by the producer) for the ex­ tary with respect to application cane crops in Puerto Rico is normally traction of sugar or liquid sugar during of Panhandle Eastern Pipe Line the 1951-52 crop season. marketed in the calendar year in which Co. for authority to abandon it is produced. The 1950 marketings of service (see General Services * 16 F. R. 709. (Continued on p. 11669) Administration). 11667 11668 RULES AND REGULATIONS

CONTENTS— Continued CONTENTS— Continued Federal Power Commission— Pas® National Production Authority Pa&e FEDEMUi®ISTER Continued Rules and regulations: V,m ÜMITCQ 'S'34 ¿y9 Notices—Continued Transfer of quotas and ratings; transfer of a business as a Hearings, etc.—Continued going concern (Reg. 6 )______11688 Bonneville Project, Columbia Published daily, except Sundays, Mondays, River, Oregon-Washing- Price Stabilization, Office of and days following official Federal holidays, ton ______11705 Notices: by the Federal Register Division, National Commonwealth Edison Co. et Ceiling prices at retail: Archives and Records Service, General Serv­ al______11705 Frank Smith Silver Co______11699 ices Administration, pursuant to the au­ Oneida, Ltd______- 11700 thority contained in the Federal Register Craig, A. E., et al------11705 Act, approved July 26, 1935 (49 Stat. 500, as Georgia Gas Co_____. _____ 11704 Delegation of authority: amended; 44 U. S. C., ch. 8B ), under regula­ Green Mountain Power Corp_ 11705 Regional'Directors; to act on * tions prescribed by the Administrative Com­ Kansas-Nebraska Natural pricing and reports—CPR mittee of the Federal. Register, approved by Gas Co______11704 34______11703 the President. Distribution is made only by Public Utility District No. 1 of Regional and District Direc­ the Superintendent of Documents, Govern­ Pend Oreille County______11705 tors; to act under Ceiling ment Printing Office, Washington 25, D. C. Price Regulation 70______11703 The regulatory material appearing herein Southwestern Virginia Gas Is keyed to the Code of Federal Regulations, Transmission Co______11704 Rules and regulations: which is published, under 50 titles, pursuant Texas Illinois Natural Gas Antimony metal, antimony ox­ to section 11 of the Federal Register Act, as Pipeline Co______11704 ide and sodium antimonate amended June 19, 1937. United Gas Pipe Line Co_____11704 (CPR 96)______11683 The F ederal R egister will be furnished by Exemption of certain food and mail to subscribers, free of postage, for $1.50 Federal Security Agency restaurant commodities; edi­ per month' or $15.00 per year, payable in ble molasses (GOR 7 )___ 11685 advance. The charge for individual copies See Public Health Service. Food products sold in the Ter­ (minimum 15tf) varies in proportion to the Foreign and Domestic Com­ size of the issue. Remit check or money ritory of Hawaii (CPR 69)____11673 order, made payable to the Superintendent merce Bureau Statutory exemption of admis­ of Documents, directly to the Government See International Trade, Office sion charges by symphony or­ Printing Office, Washington 25, D. C. of. chestras, operas and ballets There are no restrictions on the republica­ (Gen. Int. 5 )______11686 tion of material appearing in the F ederal General Services Administration Turned, shaped or other allied R egister. Notices: wood products (CPR 95)______11679 Secretary of Defense; déléga­ tion of authority with respect Production and Marketing Ad« Now Available to application of Panhandle ministration Eastern Pipe Line Co. for Proposed rule making: authority to abandon serv­ Milk handling in Nashville, HANDBOOK OF EMERGENCY ice______11703 Tenn., marketing area______11690 DEFENSE ACTIVITIES Rules and regulations: Immigration and Naturaliza­ Limitation of shipments: OCTOBER 1951-MARCH 1952 EDITION tion Service Lemons grown in California Published by the Federal Register Division, Rules and regulations: and Arizona__ ^____ 11669 the National Archives and Records Service, Civil air navigation; miscel­ Oranges grown in California General Services Administration laneous amendments______11671 or in Arizona______11670 Milk handling in Topeka, 125 PAGES— 30 CENTS Interior Department Kans., marketing area______11671 See Land Management, Bureau Puerto Rico; 1951-52 sugar of. crop.______11667 Order from Superintendent of Documents, United States Government Printing Office, International Trade, Office of Public Health Service Washington 25, D. C. Rules and regulations: Rules and regulations: * Foreign quarantine; miscellane­ General orders; extension of ous amendments______11689 validity period for exporta­ tions from Atlantic Coast Salary Stabilization Board CONTENTS— Continued ports ______11672 Rules and regulations: Stock option and stock purchase Defense Mobilization, Office of Page Interstate Commerce Commis­ plans (GSSR 4 )______11686 sion Notices: Treasury Department Findings and determinations of Notices: See also Coast Guard; Customs critical defense housing areas Applications for relief: Bureau. under Defense Housing and Alcohol from New Orleans, Rules and regulations: Community Facilities and La„ to Columbus, Ga______11706 Practice of attorneys and agents Services Act of 1951______11706 Iron, pig, from Texas to before the Department; ex­ Evansville, Ind______11706 piration and renewal of en­ Economic Stabilization Agency Methanol and proprietary rollment cards______11672 See Price Stabilization, Office of; anti-freeze preparations Salary Stabilization Board. from Military, Kans., to St. codification g u id e Executive Office of the President Louis, Mo., and East St. Louis, 111______11706 A numerical list of the parts of the Code See Defense Mobilization, Office of Federal Regulations affected by documents of. Justice Department published in this issue. Proposed rules, as Federal Power Commissiaon See Immigration and Naturaliza­ opposed to final actions, are identified as tion Service. such. Notices: Hearings, etc.: Land Management, Bureau of Title 3 ' ■ page Arkansas Louisiana Gas Co__ 11704 Rules and regulations: Chapter n (Executive orders): Black Hills Power and Light Nevada; correcting land de­ 10207 (revoked by EO 10305)-. 11667 Co------11705 scription in public land order. 11689 10305______- 11667 Saturday, November 17, 1951 FEDERAL REGISTER 11669

CODIFICATION GUIDE-^Con. quotas for 1952 as for 1951, and no other that the limitation of the quantity of marketings during either year, the such lemons which may be handled, as Title 7 Page carryover stocks on January 1, 1953, hereinafter provided, will tend to effec­ Chapter V III: would be about 450,000 tons. Under or­ tuate the declared policy of the act. Part 857______11667 dinary conditions; such a prospective (2) It is hereby further found that it Chapter IX : carryover would no doubt require restric­ is impracticable and contrary to the Part 953______11669 tive proportionate shares for the 1951-52 public interest to give preliminary no­ Part 966______*.______11670 crop of sugarcane. However, shifts in tice, engage in public rule making pro­ Part 978 (proposed)______11690 production in other domestic areas at­ cedure, and postpone the effective date Part 980______11671 tributable to the mobilization program of this section until 30 days after publi­ may result in deficit prorations to Puerto cation thereof in the F ederal R egister Title 8 Rico in 1952. As a result of the un­ Chapter I: (60 Stat. 237 ; 5 U. S. C. 1001 et seq.) settled international and domestic sit­ because the time intervening between Part 116______11671 uations it is impossible to foresee future the date when information upon which Title 14 requirements with certainty' and this this section is based became available Chapter I: requires the maintenance of stocks at a and the time when this section must be­ Part 1 (proposed)______11697 higher level than would be necessary come effective in order to effectuate the Part 18____ 11671 otherwise. The Sugar Act as amended declared policy of the act is insufficient, Part 41 (proposed)______11698 recently increases the mainland quota and a reasonable time is permitted, un­ Part 42 (proposed)______11698 for Puerto Rico by 170,000 tons begin­ der the circumstances, for preparation Part 61 (proposed)______11698 ning in 1953, which should help to mini­ for such effective time; and good cause Title 15 mize the effects of a large crop in 1952. exists for making the provisions hereof In view of the many uncertain factors effective as hereinafter set forth. Ship­ Chapter III: it is not deemed desirable to limit mar­ Part384______A______11672 ments of lemons, grown in the State of ketings o f the 1951-52 sugarcane crop. California or in the State of Arizona, Title 19 Therefore, this determination estab­ are currently subject to regulation pur­ Chapter I: lishes as the proportionate share of the suant to said amended marketing agree­ Part 6___ 11672 1951-52 crop for each sugarcane farm in ment and order; the recommendation Title 31 Puerto Rico the quantity of sugar com­ and supporting information for regula­ Subtitle A: mercially recoverable from sugarcane tion during the period specified herein Part 10______11672 grown thereon and marketed for the ex­ was promptly submitted to the Depart­ traction of sugar during the 1951-52 crop ment after an open meeting of the Lemon Title 32A year. Chapter II I (O P S ): Administrative Committee on November Tenant and share cropper protection. 14, 1951, such meeting was held, after CPR 69___ 11673 The provisions designed to protect these giving due notice thereof to consider CPR 95______11679 classes of producers are continued un­ CPR 96------11683 recommendations for regulation, and changed from those previously in effect. interested persons were afforded an op­ Gen. Int. 5___ 11686 Accordingly, I hereby find and con­ GOR 7------: 11685 portunity to submit their views at this clude that the foregoing determination meeting; the provisions of this section, Chapter IV (SSB and W S B ): jsdll effectuate the applicable provisions including its effective time, are identical GSSR 4______11686 of the act. Chapter VI (N P A ): with the aforesaid recommendation of Reg. 6______11688 (Sec. 403, 61 Stat. 932; U. S. C. Sup. 1153. the committee, and information con­ Interprets or applies sec. 302, 61 Stat. 930; 7 cerning such provisions and effective Title 42 U. S. C. Sup., 1132) time has been disseminated among han­ Chapter I: Issued this 14th day of November 1951. dlers of such lemons; it is necessary, in Part 71------11689 order to effectuate the declared policy of Title 43 [ seal] C. J. M cC o rm ic k, the act, to make this section effective Chapter I: _ Acting Secretary of Agriculture. during the period hereinafter specified; and compliance with this section will not Appendix (Public land orders): [F v R. Doc. 51-13808; Filed, Nov. 16, 1951; 712 (corrected by PLO 762).. 11689 8:52 a. m.] require any special preparation on the 762------H689 part of persons subject thereto which cannot be completed by the effective time thereof. 1.365,545 tons were significantly above (b) Order. (1) The quantity of lem­ the total of the basic mainland quota Chapter IX— Production and Mar­ ons grown in the State of California or of 910,000 tons and the local consump­ keting Administration (Marketing in the State of Arizona which may be tion quota of 105,000 tons. The in­ Agreements and Orders), Depart­ handled during the period beginning at creased marketings resulted from deficit ment of Agriculture 12:01 a. m., P. s. t., November 18, 1951, Prorations and purchases by the Com­ and ending at 12:01 a. m., P. s. t., No­ modity Credit Corporation for the Eco­ [Lemon Reg. 409] vember 25, 1951, is hereby fixed as fol­ nomic Cooperation Administration. P art 953— L em ons G r o w n i n C alif o r n ia lows: Consequently, the inventory stocks on and A rizona (1) District 1: 14 carloads; January 1, 1951, were negligible. The (ii) District 2: 213 carloads; production from the 1950-51 crop was LIMITATION OF SHIPMENTS (iii) District 3: 8 carloads. 1.238,234 tons. About 50,000 tons were § 953.516 Lemon Regulation 409— (a) (2) The prorate base of each handler sold in the world market, leaving 1,188,- who has made application therefor, as 234 tons available for marketing during Findings. (1) Pursuant to the market­ 1951. Since the total of current 1951 ing agreement, as amended, and Order provided in the said amended market­ marketing quotas is 1,066,479 tons (total No. 53, as amended (7 CPR Part 953; 14 ing agreement and order, is hereby fixed of the basic mainland quota of 910,000 F. R. 3612), regulating the handling of in. accordance with the prorate base tons, the deficit proration of 46,479 tons lemons grown in the State of California schedule which is attached hereto and and a local consumption quota of 110,000 or in the State of Arizona, effective under made a part hereof by this reference. tons), the inventory on January 1, 1952, the applicable provisions of the Agricul­ (3) As used in this section, “handled", will be about 121,755 tons unless other tural Marketing Agreement Act of 1937, “handler," “carloads,” “ prorate base,” as amended (7 U. S. C. 601 et seq.), and marketing outlets develop. Although it upon the basis of the recommendation “ District 1,” “District 2” and “District Is too early to forecast the 1951-52 crop and information submitted by the Lemon 3,” shall have the same meaning as when with any degree of accuracy, indications Administrative Committee, established used in the said amended marketing are that 1,350,000 tons may be a reason­ under the said amended marketing agreement and order. able estimate. Assuming such a produc­ agreement and order, and upon other (Sec. 5, 49 Stat. 753, as amended; 7 U. S. C. tion and the same initial marketing available information, it is hereby found and Sup., 608c) 11670 RULES AND REGULATIONS

Done at Washington, D. C., this 15th P rorate Base Schedule— Continued der the circumstances, for preparation day of November 1951. district n o . 2— continued for such effective time; and good cause exists for making the provisions hereof [ seal] S. R. Sm it h , Prorate base effective as hereinafter set forth. Ship­ Director, Fruit and Vegetable Handler ( percent) Branch, Production and Mar­ Ventura Citrus Association______1. 665 ments of oranges, grown in the State of keting Administration. Ventura County Citrus Association. . 046 California or in the State of Arizona, are Limoneira Co______1.862 currently subject to regulation pursuant P robate Base Schedule Teague-McKevett Association______. 508 to said amended order; the recommen­ East Whittier Citrus Association__ _ .246 district NO. 1 dation and supporting information for Leifingwell Rancho Lemon Associa­ regulation during the period specified [Storage date: Nov. 11, 1951] tion______. 366 Murphy Ranch Co.______. 427 herein was promptly submitted to the [12:01 a. m. Nov. 18, 1951, to 12:01 a. m. Chula Vista Mutual Lemon Associa­ Department aften an open meeting of Dec. 2, 1951] tion______. 321 the Orange Administrative Committee Prorate base Index Mutual Association______. 097 on November 15, 1951, such meeting was Handler (percent) La Verne Cooperative Citrus Asso­ held, after giving due notice thereof to Total______100.000 ciation ____ 2. 247 consider recommendations for regula­ Orange Belt Fruit Distributors_____ . 766 Klink Citrus Association______28. 731 tion, and interested persons were af­ Ventura County Orange & Lemon forded an opportunity to submit their Lemon Cove Association______27. 257 Association______2. 403 Porterville Citrus Association______. 147 Whittier Mutual Orange & Lemon views at this meeting; the provisions of Tulare County Lemon & Grapefruit Association______. 014 this section, including its effective time, Association______30. 762 Evans Brothers Packing Co______.001 are identical with the aforesaid recom­ California Citrus Groves, Inc., Ltd_ . 669 Latimer, Harold___.______. 009 mendation of the committee, and infor­ Harding & Leggett______... 9. 261 Paramount Citrus Association, In c. .050 mation concerning such provisions and Zaninovich Bros., Inc______3.173 Uyeji, Kikuo______. 004 effective time has been disseminated DISTRICT NO. 2 district n o . s among handlers of such oranges; it is Total...... 100.000 Total...... 100. 000 necessary, in order to effectuate the de­ clared policy of the act, to make this American J-’ruit Growers, Inc., Consolidated Citrus Growers______10.479, section effective during the period here­ C o ro n a _;______.218 Phoenix Citrus Packing Co______4. 657 American Fruit Growers, Inc., inafter specified; and compliance with Arizona Citrus Growers______41. 695 this section will not require any special Fullerton ______.163 Chandler Heights Citrus Growers__ . 000 American Fruit Growers, Inc., Desert Citrus Growers Co_____ .__ _ 15. 543 preparation on the part of persons sub­ Upland ______.430 Tempe Citrus Co______2. 200 ject thereto which cannot be completed Eadington Fruit Co______.300 Corona Foothill Lemon Co______6.822 by the effective time thereof. Hazeltine Packing Co______. 778 Mesa Harvest Produce Co______,__ . 161 (b) Order. (1) Subject to the size re­ Ventura Coastal Lemon Co______2. 910 Pioneer Fruit Co______. 000 quirements in Orange Regulation 372, as Ventura Pacific Co______1. 678 Morris Bros______16.114 amended (7 CFR 966.518; 16 F. R. 4678, Glendora Lemon Growers Associa* Sunny Valley Citrus Packing Co____ 2.329 tio n ______1. 894 5652), the quantity of oranges grown in La Verne Lemon Association______. 566 [F. R. Doc. 51-13858; Filed, Nov. 16, 1951; the State of California or in the State La Habra Citrus Association______. 510 8:'48 a. m.] of Arizona which may be handled during Yorba Linda Citrus Association, The. . 276 the period beginning 12:01 a. m., P. s. t., Escondido Lemon Association______1. 744 November 18, 1951, and ending at 12:01 Alta Loma Heights Citrus Associa­ [Orange Reg. 398] a. m., P. s. t., November 25, 1951, is tio n ______:______.984 hereby fixed as follows: Etiwanda Citrus Fruit Association.« . 489 P art 966—O ranges G ro w n in California Mountain View Fruit Association__ . 428 (1) Valencia oranges, (a) Prorate Old Baldy Citrus Association______1.301 or in A rizona District No. 1: Unlimited movement; San Dimas Lemon Association______1. 779 LIMITATION OF SHIPMENTS (b) Prorate District No. 2: Unlimited Upland Lemon Growers Association. 9.199 movement; Central Lemon Association___;______. 127 § 966.544 Orange Regulation 398— (c) Prorate District No. 3: No move­ Irvine Citrus Association______. 237 (a ) Findings. (1) Pursuant to the pro­ ment-; Placentia Mutual Orange Associa­ visions of Order No. 66, as amended (7 id) Prorate District No. 4: No move­ tion ______.429 CFR Part 966; 14 P. R. 3614), regulating ment. Corona Citrus Association______. 203 the handling of oranges grown in the Corona Foothill Lemon C o.______1. 666 (ii) Oranges other than Valencia Jameson Co______. 557 State of California or in the State of oranges, (a) Prorate District No. 1: 600 Arlington Heights Citrus Co______. 564 Arizona, effective under the applicable carloads; College Heights Orange & Lemon As­ provisions of the Agricultural Marketing (b) Prorate District No. 2: No move­ sociation______- 4. 572 Agreement Act of 1937, as amended (7 ment; Chula Vista Citrus Association, The. . 873 U. S. C. 601 et seq.), and upon the basis (c) Prorate District No. 3; 100 car­ El Cajon Valley Citrus Association.. . 018 of the recommendation and information loads; Escondido Cooperative Citrus As­ submitted by the Orange Administra­ (d) Prorate District No. 4 ¡'Unlimited sociation______—- . 119 tive Committee, established under the Fallbrpok Citrus Association__ .____ 1.147 movement. Lemon Grove Citrus Association____ .171 said amended order, and upon other (2) The prorate base of each handler Carpinteria Lemon Association_____ 4.874 available information, it is hereby found who has made application therefor, as Carpinteria Mutual Citrus Associa­ that the limitation of the quantity of provided in the said amended order, is tion ______- 4. 443 such oranges which may be handled, as hereby fixed in accordance with the pro­ Goleta Lemon Association______5. 741 hereinafter provided, will tend to effec­ rate base schedule which is attached Johnston Fruit Co______6. 064 tuate the declared policy of the act. hereto and made a part hereof by this North Whittier Heights Citrus Asso­ (2) It is hereby further found that ciation______.220 reference. it is impracticable and contrary to the San Fernando Heights Lemon As­ (3) As used in this section, “handled," sociation______- 2. 219public interest to give preliminary no­ “ handler,” “Varieties,” “ carloads,” and Sierra Madre-Lamanda Citrus Asso­ tice, engage in public rule making pro­ “ prorate base” shall have the same mean­ ciation ______.______- 1. 022 cedure, and postpone the effective date ing as when used in the said amended Briggs Lemon Association.___ :_____- 1.643 of this section until 30 days after publi­ order; and the terms “Prorate District Culbertson Lemon Association_____ 1.927 cation thereof in the F ederal R egister No. 1,” “Prorate District No. 2,” “Pro­ Fillmore Lemon Association______. 549 (60 Stat. 237; 5 ü. S. C. 1001 et seq.) be­ Oxnard Citrus Association______5. 948 rate District No. 3,” and “Prorate District cause the time intervening between the No. 4” shall each have the same meaning Rancho Sespe______'.______.548 date when information upon which this Santa Clara Lemon Association_____ 4.417 as given to the respective terms in Santa Paula Citrus Fruit Associa­ section is based became available and the time when this section must become § 966.107, as amended (15 F. R. 8712), of tion______1. 817 the current rules and regulations (7 CFR Saticoy Lemon Association______3. 806 effective in order to effectuate the de­ Seaboard Lemon Association______4. 411 clared policy of the act is insufficient, 966.103 et seq.), as amended (15 F. R* Somis Lemon Association______2.989 and a reasonable time is permitted, un­ 8712). Saturday, N ovem ber 17, 1951 FEDERAL REGISTER 11671

(Sec. 5, 49 Stat. 753, as amended; 7 U. S. C. P rorate Base Schedule—Continued and Sup. 608c) TITLE 8— ALIENS AND ALL ORANGES OTHER THAN VALENCIA ORANGES—* Done at Washington, D. C., this 16th continued NATIONALITY day of November 1951. Prorate D istrict No. 1—Continued Chapter I— Immigration and Natural­ S. R. Sm it h , Prorate base ization Service, Department of Jus­ Director, Fruit and Vegetable Handler " (percent) tice Branch, Production and Mar­ Dubendorf, John______0.1328 keting Administration. Edison Groves Co______. 6983 P art 116— Civ il A ir N avigation Evans Bros. Packing Co______.0765 P rorate Base Schedule Foran, Pat______* ______. 20Í4 MISCELLANEOUS AMENDMENTS [12:01 a. m., P. s. t., Nov. 18, 1951, to 12:01 Haas, W. H______.1726 C ross R eference: For amendmefits to a. m., P. s. t., Nov. 25, 1951] Harding & Leggett..!______2.1247 §§ 116.4 (c ), 116.5 (b ), 116.6 (b) (2), and Independent Growers, In c .______1. 9801 ALL ORANGES OTHER THAN VALENCIA ORANGES 116.9 Aero­ Champion Produce House, L. M___ . 1428 Paloma Citrus Fruit Association__ . 9324 nautics. As this prohibition also applies Rocky Hill Citrus Association_____ 1.1051 Clark & Sons Produce Co., J. H____ . 1380 Sanger Citrus Association______4. 0613 Commercial Citrus Packing Co____ 3.1452 to work performed in foreign countries, Sequoia Citrus Association______1. 0187 Ishikawa, Paul______;_ . 2655 Canadian mechanics fully authorized by Stark Packing Corp______3.4013 Macchiaroli Fruit Co., James______' 1.2019 the Canadian Department of Transport Visalia Citrus Association______2. 3557 Potato House, The______. 1942 to serve in connection with transport Waddell & Son______1.8648 Sunny Valley Citrus Packing C o ... 1.2364 aircraft would be required to possess ap­ Baird-Neece Corp______1. 6480 Valley Citrus Packing Go______- 1.1891 propriate United States mechanic cer­ Beattie Association, D. A_.__ -___ _ . 5989 [F. R. Doc. 51-13886; Filed, Nov. 16, 1951; tificates to serve in connection with such Grand View Heights Citrus Associ­ United States aircraft. ation------;______2. 8815 11:23 a. m.] Magnolia Citrus Association______2.2016 Section T (6) of the act authorizes Porterville Citrus Association, The. 1.4307 the Board to exclude a mechanic em­ Richgrove-Jasmine Citrus Associa­ ployed outside the United States from the tion______*______l. 8676 P art 980—M il k in the T opeka, K ansas, definition of “airman” and thus from the Strathmore Cooperative Associa­ M arketing A rea necessity of holding a United States air­ tion______1.1940 man certificate. The Canadian Govern­ Strathmore District Orange Asso­ ORDER AMENDING ORDER, AS AMENDED ment presently recognizes the «validity ciation______.9501 In P. R. Doc. 51-13172, appearing in of United States airman certificates is­ Strathmore Fruit Growers Associa­ sued to mechanics in connection with tion ______1. 0227 the F ederal R egister issue of October 31, work performed in the United States on Strathmore 'Packing House Co__ _ 2. 0799 1951, make the following corrections to Canadian aircraft. Sunflower Packing Association____ 2. 5066 the “Order Relative to Handling” ap­ Sunland Packing House Co______2.6195 Canadian standards of maintenance, Terra Bella Citrus Association____ 1. 6856 pearing in the third column of page alteration, and repairs are of a high cali­ Tule River Citrus Association.__ 1.0573 11057: add “ (1 )” between “ § 980.5 (a )” ber and compare favorably with those Euclid Ave. Orange Association... .3237 and the comma in the second line of in force in the United States. The Cana­ Lindsay Mutual Groves______1. 0947 amendment 1, so that the complete des­ dian Department of Transport has urged Martin Ranch______1.7192 ignation will appear as “ § 980.5 (a) (1) a reciprocal arrangement with the Orange Cove Orange Growers_____ 2. 6514 United States, and the Administrator of Woodlake Packing House______2.4043 change “ § 980.5 (b) " in the second line of amendment 2 to “ § 980.5 (a) (2) Civil Aeronautics has advised the Board Anderson Packing C o ...______1.0805 that there is no valid objection from a Baker Bros______. 2592 Done at Washington, D. C., this 14th Batkin, Fred A______• .0699 safety point of view. Bear State Packers, Inc______.1658 day of November 1951. Interested persons have been afforded Buller, Herman.______. 0099 an opportunity to participate in the [ seal] c. J. M cCormick, California Citrus Groves, Inc., L td -. 1.9322 Acting Secretary of Agriculture. making of this regulation, and due con­ Clemente, Lorenzo______. . . . 0846 sideration has been given to all relevant Darby, Fred J______.0212 IF. R. Doc. 51-13763; Filed, Nov. 16, 1951; matter presented. Since this regulation Darling, Curtis______.0009 8:48 a. m.] imposes no additional burden on any 11672 RULES AND REGULATIONS

persori, it may be made effective without changes in the Positive List, except for the Census, Department of Commerce, in prior notice. coal, covering exportations to be made by New York. In consideration of the foregoing, the water from Atlantic Coast Ports, which This order shall become effective on Civil Aeronautics Board hereby makes expired on or after. October 18,1951, are the date of its publication in the F ederal and promulgates the following Special hereby extended through December 15, R egister. Compliance with the provi­ Civil Air Regulation effective November 1951. 13, 1951: sions of section 4 of the Administrative This action is ribt applicable to the Procedure Act (60 Stat. 238, 5 U. S. C. 1. An individual holding a valid me­ use or extension of any rating authority 1003) as to notice of proposed rule mak­ chanic certificate of competency and granted under the Controlled Materials ing and delayed effective date is unnec­ appropriate ratings issued by the Cana­ Plan or any other supply assistance pro-, essary because the rules prescribed by dian Government shall not be deemed an gram in connection with such licenses the order relieve restrictions and are airman within the meaning of section 1 and exportations. clearly advantageous to persons affected (6) of the Civil Aeronautics Act with (Sec. 3, 63 Stat. 7; 50 U. S. C. App. Sup. 2023. thereby. E. O. 9630, Sept. 27, 1945, 10 P. R. 12245; 3 respect to inspection, maintenance, over­ (R. S. 161, 251, sec. 644, 46 Stat. 761, sec. 7, haul, or repair operations conducted in CPR, 1945 Supp.; E. O. 9919, Jan. 3, 1948, 13 P. R. 59; 3 CPR, 1948 Supp.) 44 Stat. 572, secs. 201, 367, 58 Stat. 683, 706, Canada in connection with aircraft of sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 166; United States registry, and such indi­ This amendment shall become effective 5 U. S. C. 22, 19 U. S. C. 66, 1644, 49 U. S. C. vidual, notwithstanding any contrary as of November 14, 1951. 177, 42 U. S. C. 202, 270, 8 U. S. C. 102, 222. provisions of the Civil Air Regulations, Sec 1, President’s Reorganization "Plan No. may perform such operations in connec­ L oring K . M a c y, V; 5 F. R. 2132, 2223. Sec. 102, Reorganiza­ Director, tion Plan No. 3 of 1946; 3 CFR, 1946 Supp. tion with United States aircraft in Office of International Trade. Ch. IV ) Canada: Provided, That, in the case of repair, alteration, and maintenance, [P. R. Doc. 51-13791; Piled, Nov. 16, 1951; Washington, D. C., November 6, 1951, each operation performed is listed and 8:51 a. m.] [ seal] D. B. S trubinger, certified to by .him in a manner and on Acting Commissioner of Customs. a form prescribed by the Administrator: Jo h n S. G raham , And provided further, That all such re­ TITLE 19— CUSTOMS DUTIES Acting Secretary of the Treasury. pairs, alterations, and maintenance op­ L eonard A. S cheele, erations shall be performed in conform­ Chapter I— Bureau of Customs, Surgeon General, ance with the requirements of Part 18 Department of the Treasury U. S. Public Health Service. of the Civil Air Regulations. J o hn L. T h u r sto n , 2. An aircraft, aircraft engine, or pro­ P art 6— A ir Commerce R egulations Acting Federal Security peller on which any major repair or MISCELLANEOUS AMENDMENTS Administrator. major alteration has been performed as Paragraph (c) of § 6.4, Entry and J. H oward M cG rath, authorized herein shall not be flown in Attorney General. air commerce until examined, inspected, clearance, of Title 19, Code of Federal Regulations, such section being also des­ [F. R. Doc. 51-13806; Filed, Nov. 16, 1951; and approved by a Canadian Department 8:53 a. m.] of Transport Inspector of Aircraft. Such ignated as § 116.4 of Title 8 and § 71.504 approval shall be indicated in a manner of Title 42, is hereby amended by insert­ ing “ destined to or through Puerto Rico and on a form prescribed by the Admin­ TITLE 31— MONEY AND istrator. or residue cargo” after the word “mer­ 3. This regulation shall terminate chandise” where it appears after the ref­ FINANCE: TREASURY November 1, 1956, unless sooner super­ erence to § 6.9 (b), (e). seded or rescinded. Paragraph ft>) of § 6.5, Entry of air­ Subtitle A— Office of the Secretary of craft of scheduled airlines, of Title 19, the Treasury (Sec. 205, 52 Stat. 984; 49 U. S. C. 425. In­ Code of Federal Regulations, such sec­ terpret or apply secs. 1, 601, 602, 605, 610, 52 P art 10— P ractice op A ttorneys and tion being also designated as § 116.5 of Stat. 977, 1007, 1008, 1010, 1012; 49 IT. S. C. A gents B efore the T reasury D epart­ 401, 551, 552,. 555, 560) Title 8 and § 71.505 of Title 42, is m e n t amended by deleting or” at the end of By the Civil Aeronautics Board. subparagraph (2) and substituting a EXPIRATION AND RENEWAL OF ENROLLMENT [ seal] M. C. M u llig a n , period therefor, and by deleting subpara­ CARDS Secretary, graph (3). 1. This document amends § 10.6. Paragraph (b) (2) of § 6.6, Clearance 2. The nature and extent of the [P. R. Doc. 51-13809; Piled, Nov. 16, 1951; of Title 8:52 a. m.] of aircraft of scheduled airlines, amendment are indicated by its purpose 19, Code of Federal Regulations, such to replace with new credentials the en­ section being also designated as § 116.6 of rollment cards previously issued to per­ TITLE 15— COMMERCE AND Title 8 and § 71.506 of Title 42, is hereby sons enrolled to practice before the amended by deleting the period and add­ Treasury Department. FOREIGN TRADE ing “destined to or through Puerto Rico 3. Section 10.6 is amended by the ad­ Chapter III— Bureau of Foreign and or residue cargo.” dition at the end thereof of a new para­ Section 6.9, Documents for clearance, graph designated (d) and reading: Domestic Commerce, Department of Title 19, Code of Federal Regulations, of Commerce such section being also designated as (d) Expiration and renewal of enroll­ ment cards. All enrollment cards which Subchapter C — Office of International Trade , § 116.9 of Title 8 and § 71.509 of Title 42, is hereby amended as follows: shall have been issued to persons en­ [5th Gen. Rev. of Export Regs., Amdt. 81] rolled to practice before the Treasury The second sentence of paragraph (e) Department prior to January 1, 1952 P art 384—G eneral O rders is amended to read as follows: “Two ex­ tra copies of the general declaration shall be void after March 31, 1952. An EXTENSION OP VALIDITY PERIOD FOR EXPOR­ and two copies of the air cargo mani­ enrollee holding a void card shall TATIONS PROM ATLANTIC COAST PORTS promptly surrender it to the Committee fest shall be prepared if the aircraft is Section 384.8 Orders modifying valid­ carrying merchandise between the main­ on Practice. Application for issuance of ity of certain export licenses, paragraph land and Puerto Rico other than as a renewal card may be made at any time (b) Extension of validity period for ex­ residue cargo. (For residue cargo see between January 1, 1952, and June 30, portations from Atlantic Coast Ports is § 6.10a.)” 1952. An application for renewal shall be filed With the Committee on Form amended to read as follows: Paragraph (e) (4) is amended to read as follows: 23A. The form will call upon the ap­ (b) Extension of validity period for plicant to state whether he made an exportations from Atlantic Coast Ports. (4) One copy of the general declara­ income tax return for each year since The validity period of export licenses as tion and one copy of the air cargo mani­ the date of his enrollment, with what well as the provisions of saving clauses fest, when required, shall be sent to the collector the last return was filed, and set forth in-Current Export Bulletins headquarters port for forwarding to the the reasons for not filing any such re­ Nos. 639, 643, and 645 With respect to Section of Customs Statistics, Bureau of- turn; and whether the applicant has Saturday, Novem ber 17, 1951 FEDERAL REGISTER 11673 been cited to appear before any profes­ lished in Ceiling Price Regulation 69 for prices to cost, the regulation provides for sional disciplinary body or convicted of a that trade. Article 2 of the revised reg­ the reflection, and consequent benefit to crime other than minor traffic violation ulation establishes ceiling prices for the consumers, of lower live weight costs. since the date of his enrollment, and, sale of groceries at wholesale. Section 3.1 also establishes ceiling if so, the details. Copies of Form 23A ISLAND PORK prices for sales of offal, specialty pork will be available at the office of the Com­ items such as Chinese roast pork, and mittee on Practice and at the offices of Article 3, which is added to the regu­ for the service of custom slaughtering. all collectors of internal revenue, of all lation by this revision, establishes ceil­ Island pork cuts susceptible of definition internal revenue agents in charge and of ing prices for the sale of meat. Section are defined and any seller is forbidden to all special agents in charge. The Com­ 3.1 of Article 3 establishes ceiling prices sell any cut not defined in the regulation. mittee will issue a new enrollment card for the sale of island pork, which is de­ In formulating this section of the reg­ if a timely application is made and if fined in that section as “pork derived ulation, .the Director of Price Stabiliza­ the Committee is satisfied that the ap­ from swine slaughtered in the Territory tion has'consulted extensively with the plicant is eligible to retain enrollment •of Hawaii”. Pork is a very important trade and has given full consideration to In accordance with 5 U. S. C. 261 and the staple meat in the diet of the population their recommendations. In the opinion regulations in this part. The reporting of the Territory of Hawaii. of the Director, this section of the regu­ requirements of this paragraph have The greater part of the population of lation is generally fair and équitable and been approved by the Bureau of the Hawaii, however, consumes what is is necessary to effectuate the purposes Budget in accordance with the Federal known as “ hot pork,” that is, freshly of the Defense Production Act of 1950, Reports Act of 1942. killed pork, also referred to as “ island as amended. (Sec. 3, 23 Stat. 258; 5 U. S. C. 261) pork.” A large part of this pork is TARO AND POI derived from live hogs shipped from the 4. Compliance with the general notice, mainland to Hawaii and slaughtered Taro and poi are two items indigenous public rule making, and effective date there. The price of live hogs ion the to the diet and economy of the Territory requirements of section 4 of the Admin­ mainland is, of course, not subject to of Hawaii. Taro is a tuber vegetable and istrative Procedure Act is dispensed with any price regulation. The increases from it is processed poi, a gelatinous as unnecessary for this good cause; the which have occurred in the price of live starchy food which, for all practical pur­ new section makes rules of agency pro­ hogs have imposed a severe squeeze on poses, replaces wheat or rice in the cedure and practice and they afford per­ the territorial seller of pork since his Hawaiian diet. Ceiling prices of poi are sons affected more than 30 days from selling prices are frozen by the General established under the General Ceiling the date of publication to take the ac­ Ceiling Price Regulation at the level of Price Regulation on the basis of the tion prompted thereby. prices he received in the period De­ highest prices received by individual sel­ 5. This amendment shall be effective cember 19, 1950 to January 25, 1951. lers in the period December 19, 1950 to upon the date of its publication in the It is essential that relief from this January 25, 1951. Since taro is a fresh F e d e r a l R egister* squeeze be provided for sellers of pork, vegetable, however, taro prices are and section 3.1 of this regulation will ac­ exempt from the provisions of the Gen­ [ seal] E .H. F o le t, eral Ceiling Price Regulation under sec­ Acting Secretary of the Treasury. complish that result. While substantial quantities of frozen pork are shipped to tion 14 (s), with the result that taro (P. R. Doc. 51-13892; Piled. Nov. 16, 1951; the territory from the continental prices have increased substantially since 11:58 a. m.] United States, this pork is consumed al­ the imposition of the General Ceiling most exclusively by the “ mainlanders” Price Regulation ceiling prices, while poi in the territory. The Sale of frozen pork prices remain frozen. TITLE 32A— NATIONAL DEFENSE, at wholesale and retail is subject to Ceil­ Poi producers were able to continue to APPENDIX ing Price Regulation 9, which establishes produce poi and to sell it at General Ceil­ ceiling prices on the basis of the seller’s ing. Price Regulation ceiling prices not­ Chapter III——Office of Price Stabiliza­ direct cost plus his base period dollar withstanding the increases of the prices tion, Economic Stabilization Agency and cent or percentage markup, thus of taro because they had a large inven­ eliminating any squeeze on the custom­ tory of taro. This inventory is now ex­ [Ceiling Price Regulation 69, Revision 1] ary margin of the sellers of that pork. hausted and, unless relief is afforded poi CPR 69—F ood P roducts Sold in the Section 3.1 establishes dollar and cent producers, a reduction in the supply of T erritory of H a w a ii wholesale and retail ceiling prices for poi is inevitable. Like most other agri­ cultural products* taro prices follow a Pursuant to the Defense Production carcasses and cuts of island pork on a sliding scale varying from thirty-six to distinct seasonal pattern. That is, the Act of 1950, as amended (Pub. Law 774, price tends to be low at harvest time, in­ 81st Cong., Pub. Law 96, 82nd Cong.), forty-five cents per pound for live hogs. This range of prices reflects the vary­ creasing as the supply diminishes. Taro Executive Order 10161 (15 F. R. 6105), ing landed cost prices of mainland hogs harvest is generally in the early part of and Economic Stabilization Agency Gen­ the calendar year and prices reach their eral Order No. 2 (16 F. R. 738), this Ceil­ which determine the prices for island hogs as well, and should provide an peak in August and September. Surveys ing Price Regulation 69, Revision 1 is have shown that taro prices early in hereby issued. appropriate range until such time as live hog prices can be stabilized. The sched­ 1951 had increased as much as 100 per­ statement of considerations ule of ceiling prices in section 3.1 is cent over the prevailing prices in Jan­ so set up that a wholesaler or retailer uary, 1950. During the spring and sum­ Ceiling Price Regulation 69 was origi­ mer months of the calendar year, the nally issued to provide ceiling prices for need only glance at the chart to deter­ mine his ceiling price for any particular normal seasonal rise in prices has been groceries sold at wholesale in the Terri­ substantially accelerated. In framing tory of Hawaii. It has been found that pork cut. The wholesale ceiling prices estab­ this regulation, paramount consideration regulations covering related commodi­ has been given to the effect of this pric­ ties are more understandable and meet lished in this section of the regulation include the average percentage margin ing pattern and, in addition, considera­ with the approval of the persons covered tion has been given the possible effects of much more when combined into one reg­ realized by island pork wholesalers on sales of carcasses in the jperiod May 24, ceiling prices on future taro production. ulation than when issued as separate This regulation establishes the basic regulations. 1950 to June 24, 1950 calculated on the prices of the dressed-weight yield cost. ceiling price for taro at six cents a pound, It has accordingly been determined a price approximately one and one-half that Ceiling Price Regulation 69 be re­ The percentage margin over costs of ma­ terials allowed wholesalers on sales of cents per pound higher than the high­ vised and issued to cover all food prod­ est monthly average price in the period ucts sold in the Territory of Hawaii. This pork cuts is not less than the percentage margin over costs of material realized by January 1 to June 24, 1950. It is also revision of Ceiling Price Regulation 69 wholesalers on the same cuts in the the price which prevailed from March 1, makes no substantial changes in the pro­ period May 24, 1950 to June 24, 1950. 1951, to the present time. visions of Ceiling Price Regulation 69 Retail ceiling prices established by sec­ This new ceiling price will afford a as originally issued in its application to tion 3.1 of this regulation were computed fair return to the growers and thereby the wholesale grocery trade and makes in substantially the same way as whole­ prevent a reduction in taro production. ho changes in the ceiling prices estab­ sale ceiling prices. By tying ceiling Poi manufacturers operating under tho 11674 RULES AND REGULATIONS

ceiling prices established for the sale of at any time disapprove or revise ceiling S ec. 1.9. Single ceiling prices for poi will receive substantially more than prices established under this regulation different cost inventories. Where this the price prevailing during the period so as to bring them into line with the regulation establishes ceiling prices on January 25, 1951 to February 24, 1951, level of ceiling prices otherwise estab­ the basis of direct cost plus markup, and during which time poi prices, as ex­ lished by this regulation. you have purchased a commodity under plained above, were under the control of separate invoices at different- prices and S ec. 1.4. Petitions for amendment. have in your inventory identical items General Ceiling Price Regulation. I f you wish to have this regulation at different costs, your ceiling price for The prices for poi established by this amended, you may file a petition for your entire inventory of identical items regulation also reflect adjustments for amendment in accordance with the pro­ must be determined by one of the fol­ increases in costs occurring subsequent cedures set forth in Price Procedural lowing methods. You must elect which to the date the highest prices were re­ Regulation No. 1, Revised (16 F. R. 4974). ceived for poi during the period Janu­ of the three methods you will follow, and ary 1, 1950, to June 24, 1950, and up to Sec. 1.5. Taxes. You may collect, in once having made that election you may July 26, 1951. addition to your ceiling price, any tax. not change to another method until you In formulating this article of the regu­ upon or incident to a retail sale of any are authorized in writing to do so by lation, the Director has consulted ex­ item or items covered by this regulation the Territorial Director. tensively with the industry and has given if you state the tax separately and if the (a) Lowest direct cost. Your ceiling full consideration to their recommenda­ statute or ordinance does not prohibit price must be computed on the basis of tions. In his judgment, the ceiling prices sellers from ‘ stating and collecting the the lowest direct cost. established by this article of the regula­ tax separately from the price. (b) First in-first out method. You tion are generally fair and equitable and S ec. 1.6. Transfer of business. If the must compute the ceiling price for the are necessary to effectuate the purposes business, assets or stock-in-trade of any number of identical items in your inven­ of Title IV of the Defense Production business, are sold or otherwise trans­ tory listed in the first invoice received Act of 1950, as amended. ferred "after the effective date of this on the basis of that invoice cost and then compute the ceiling price for the num­ REGULATORY PROVISIONS regulation, ançl the transferee carries on the business of continues to deal in the ber of identical items corresponding to ARTICLE I--- GENERAL PROVISIONS the number of identical items received Sec. same types of commodities in an estab­ lishment separate from any other estab­ under the next succeeding invoice, and 1.1 What this regulation does. so on in chronological order. 1.2 Geographical application. lishment previously owned or operated 1.3 Modification of ceiling prices by the Di­ by him, the ceiling prices of the trans­ (c) Weighted average. You must rector of Price Stabilization. feree shall be the same as those to which compute your ceiling prices on the basis 1.4 Petitions for amendment. his transferor would have been subject of your weighted average direct cost 1.5 Taxes. if no such transfer had taken place, and calculated as follows: 1.6 Transfer of business. his obligation to keep records sufficient (1) Multiply each different direct cost 1.7 Notification and posting. to verify such prices shall be the same. by the number of identical units in your 1.8 Sales slips and receipts. inventory having such direct cost. Add 1.9 Different cost inventories. The transferor shall either preserve and 1.10 Records. make available to or turn over to the the products of the multiplication and 1.11 Interpretations. transferee all records of transactions divide this sum by the total number of 1.12 Prohibitions. prior to the transfer which are necessary identical items in the inventory. The 1.13 Evasions. to enable the transferee to comply with quotient of this division is the weighted 1.14 Price for more or less than unit the record provisions of this regulation. average direct cost. The weighted aver­ specified. age direct cost as determined in the next 1.15 Direct cost. S ec. 1.7. Notification and posting— preceding calculation must be used as 1.16 Definitions and explanations. (a) Notification to purchasers, other the direct cost of all identical items in ARTICLE II— WHOLESALE GROCERIES than at retail. On and after the effec­ your inventory in recomputing weighted tive date of this regulation, every person 2.1 What this article does. average direct cost. 2.2 Ceiling prices. selling the commodities listed herein, (2) Whenever your direct costs in­ 2.3 Additions to direct cost for packaging. except at retail, shall, with each de­ crease or when your inventory is ex­ 2.4 G ift and holiday packages. livery, supply the purchaser with a state­ hausted, your may recompute your ceil­ 2.5. Sales to other wholesalers. ment of the ceiling prices of the com­ ing price: When you receive a shipment 2.6 Delivery charges. modities at the time of delivery as fol­ at a lower cost than the shipment im­ 2.7 Table of margin figures (Table A ). lows: “The Office of Price Stabilization mediately preceding it, you must recom- ARTICLE HI— MEAT has established ceiling prices for this compute your ceiling price. commodity at $------on sates to whole­ 3.1 Island pork. “Identical items” as used in this sec­ salers” ; or “The Office of Price Stabili­ tion means items of a commodity which ARTICLE IV— t a r o AND POI zation has established ceiling prices for normally sell at the same price and are 4.1 Taro. this commodity at $---- — on sales at génerally regarded in the trade as iden­ 4.2 Poi. wholesale” as the case may be. tical. (b) Posting. On and after the effec­ A u t h o r it y : Sections 1.1 to 4.2 issued under S ec. 1.10. Records. If you purchase tive date of this regulation every person sec. 704, 64 Stat. 816 as amended; 50 U. S. C. or sell listed commodities at the whole­ App. Sup., 2154. Interpret or apply title offering to sell any listed commodity at IV, 64 Stat. 803, as amended; 50 U. S. C. App. retail shall display the ceiling and selling sale level in the course of trade or busi­ Sup., 2101-2110, E. O. 10161, Sept. 9, 1950, 15 prices of such commodity in a manner ness, you must preserve and keep avail­ able for inspection by the Director of F. R. 6105; 3 CFR, 1950 Supp. plainly visible to and understandable Price Stabilization for a period of two by the purchasing public. The ceiling ARTICLE I— GENERAL PROVISIONS years, complete and accurate records for and selling prices may be displayed on every purchase and sale. These records S ection 1.1. What this regulation the commodity itself or may be posted does. This regulation establishes ceiling must include, (a) the date of the sale or in a place in the establishment where purchase, (b) the name and address of prices on certain articles of food at vari­ the commodity is offered for sale. ous levels of distribution. These ceiling the seller or purchaser, (c) the price prices, after the effective date of this S ec. 1.8. Sales slips and receipts. paid or received, (d) a description of the regulation, will supersede the ceiling Every seller at retail of any listed com­ commodity sold or purchased, (e) the prices established under any other price modity who has customarily given pur­ quantity sold or purchased. You are re­ regulations or orders previously issued by chasers sales slips or receipts, shall con­ quired to show all your records on re­ the Office of Price Stabilization. tinue to do so. Upon request from a quest to any Office of Price Stabilization purchaser, every seller of such com­ representative. In addition, you are S ec. 1.2. Geographical application. modity, regardless of previous custom, required to furnish a written record of This regulation applies only in the Ter­ shall give the purchaser a receipt show­ your ceiling prices for any or all listed ritory of Hawaii. ing the date, the name and address of items at the request of any Office of Price S ec. 1.3. Modification of ceiling prices the seller, the quantity and description Stabilization representative. "by the Director of Price Stabilisation. of the commodity and the price received S ec. 1.11. Interpretations. I f y°u The Director of Price Stabilization may for it. have any doubt as to the meaning of this Saturday, Novem ber 17, 1951 FEDERAL REGISTER 11675 regulation, you should write to the Ter­ nection therewith actually incurred by (e) “ Ultimate cohsumer” means a per­ ritorial Counsel, Office of Price Stabiliza­ you. son who buys a particular commodity for tion, Honolulu, T. H., for an interpreta­ (4) An amount equal to cartage his own consumption or that of his tion. Any action taken by you in re­ charges from warehouse to dock in port household. The term also refers to com­ liance upon and in conformity with a of shipment actually incurred by you. mercial, industrial, institutional or gov­ written official interpretation will con­ (5) An amount equal to charges for ernmental users when such users buy stitute action in good faith pursuant to ocean freight, war risk and marine in­ listed commodities from retailers who this regulation. Further information surance actually incurred by you. Ter­ have always sold such commodities at on obtaining official interpretations is ritorial tolls as shown in the bill of lad­ retail prices without regard to the class contained in Price Procedural Regula­ ing may be included in this amount. of purchaser. tion No. 1. (6) An amount equal to cartage ( f ) The pronoun “you” , as use'd in this charges actually incurred by you in the regulation, indicates the person subject Sec. 1.12. Prohibitions. You shall not port of entry in the Territory of Hawaii to the regulation. do any act prohibited, or omit to do any from truck to your warehouse hut not in (g) A “listed commodity” means any act required, by this regulation, nor shall excess of local commercial trucking ceil­ commodity the ceiling price of which is you offer, solicit, attempt or agree to do ing rates for such delivery as established fixed by this regulation. or omit to do any such acts. Specifi­ by the Office of Price Stabilization for (h) “Export” means the sale of any cally, but not in limitation of the such services. commodity for shipping to a point out­ above, you shall not, regardless of any (b) On locally manufactured items side the United States, its territories and 'contract or other obligation, sell, and no your direct cost is the price at which possessions. person in the regular course of trade or your supplier sells the commodities to business shall buy from you, at a price you plus any charges incurred by you ARTICLE n—WHOLESALE GROCERIES higher than ceiling prices established by for cartage to your warehouse from Section 2.1, What this article does. this regulation, and you shall keep, make manufacturer’s warehouse. This article of the regulation fixes ceil­ and preserve thorough and accurate rec­ (c) I f you purchase goods directly ing prices for the items listed in Table A ords and reports required by this regula­ from a foreign seller or his agent for im­ and sold at wholesale in the Territory of tion. If you violate any provisions of portation into the Territory of Hawaii, Hawaii. this regulation, you are subject to crimi­ your direct cost as computed in para­ S ec. 2. Ceiling prices, (a) The ceil­ nal penalties, enforcement action and graph (a) (1) of this section may also ing price for each item (that is for each action for damages. include the following amounts when kind, brand, grade, variety, container they are actually incurred by you: cus­ Sec. 1.13. Evasions. Any means or type and container size) listed in Table devices which result in obtaining di­ toms duties or import taxes ; other com­ modity taxes, dock charges; clearance; A is the result of the direct cost of that rectly a higher price than is permitted commodity (as defined in section 1.15) by this regulation or in concealing or insurance; letter of credit expenses; and any customary buying commission to a divided by the division factor given you falsely representing information as to for it in Table A. purchasing agent outside the United which this regulation requires records to (b) Your ceiling prices when deter­ be kept is a violation of this regulation. States. (d) On inter-island trans-shipments, mined must reflect your customary price This includes, but is not limited to, differentials, including discounts, allow­ your direct cost may also include an means or devices making use of commis­ ances, premiums, and extras based upon amount equal to freight, insurance, and sions, services, cross sales, transporta­ differences in grades, or location, or pur­ tion arrangements, premiums, discounts, cartage charges, when actually incurred by you, in the port of shipment, from chaser, or in terms and conditions of Sale special privileges, up grading, tie-in and (delivery, including customary dis­ agreements, and trade understandings as warehouse to dock, but not in excess of local comnlercial trucking ceiling rates counts for dockside delivery and drop well as the omission from records of true shipments. for such delivery as established by the data and the inclusion in records of false (c) On sales to a commercial, indus­ Office of Price Stabilization for such data. trial, or institutional user, or other buyer service. purchasing for consumption or use other Sec. 1.14. Price for more or less than Your direct cost in every case must be than for sale in the same form, you may unit specified. The ceiling price for a figured on purchases of a customary subtract .0476 from the applicable divi­ quantity of a commodity which consti­ quantity from a customary type of sup­ sion factor provided for such commodity tutes a fraction or multiple of the unit plier delivered to your usual receiving by Table A. in terms of which the ceiling price is point by a customary means of delivery. established by this regulation shall be (d) All calculations of ceiling prices Of course you must never figure your di­ resulting in a fraction of a cent shall be proportionately computed unless other­ rect cost on a purchase made at a price wise provided. reduced to the nearest lower cent, if the higher than your supplier’s ceiling price. fraction is less than one-half cent, and Your direct cost must be computed on the Sec. 1.15. Direct Cost. Where the shall be increased to the nearest higher term “Direct Cost” is used in this regula­ basis of the unit in which you receive de­ cent, if the fraction is one-half cent or tion, it means, and is limited to the fol­ livery (i. e., per dozen, per case, per bag, more. lowing: etc.) to the nearest cent. (e) If you sell a listed commodity in (a) For items brought directly' from Sec. 1.16. Definitions and explana­ a quantity less than the unit in which the continental United States, your di­ tions. (a) “Person” means any indivi­ the commodity is customarily sold at rect cost is the sum of the following: dual, corporation, partnership, associa­ wholesale (i. e. less than a bag, less than (1) An amount equal to your main­ tion, or any other organized group of per­ a case, less than a dozen) you may sub­ land supplier’s selling price, less all dis­ sons, or their legal successors or rep­ tract .03 from the applicable division counts and allowances, except the dis­ resentatives, and the United States or factor provided for such commodity by count for prompt payment up to two any other Government or their political Table A. Per cent, and the customary swell and subdivisions or agencies. label (allowance) and promotional al­ S ec. 2.3. Additions to direct cost for (b) “Records” means books of ac­ packaging. I f you buy in bulk any item lowances to the extent received in the count, sales logs, sales slips, order vouch­ covered by this article of the regulation, calendar year 1950. ers, contracts, receipts, invoices, bills of except spices, tea, and gelatin, and then (2) An amount equal to transporta­ lading and other papers and documents. package and sell it in cardboard con­ tion charges, if any, actually incurred by (c) “Sale at retail” means a sale to an you for transportation from the main­ ultimate consumer. A person who in the tainers, cotton bags, transparent bags, land^ point at which you received deliv­ regular course of trade or business makes inter-lined coffee bags or kraft bags, or ery to the mainland port of shipment, in­ sales at retail is a retailer. similar type bags, on which the name, cluding federal transportation tax, ter­ (d) “Sale at wholesale” means a sale weight and ingredients of the commod­ minal charges, demurrage and extra to a retailer or to a commercial, indus­ ity are stamped or printed, and which charges for shipments in less than car­ trial, institutional or governmental user. are packed and sealed at a place and load lots. A person who in the regular course of time other than the point and time of (3) An amount equal to mainland trade or business makes sales at whole­ sale, your ceiling price may include the storage charges and insurance in con- sale is a wholesaler. following allowances: No. 224----- 2 11676 RULES AND REGULATIONS

(a) Two cents for every such bag or was $2.11 per case after deducting all (9) “ Cocoa and chocolate” include, container smaller than a two-pound bag discounts, except the discount for but are not limited to, powdered, cake, or container. prompt payment, swell and label al­ and cooking chocolate. This classifica­ (b) Two and one-half cents for every lowances, and promotional allowances to tion does not include chocolate-coated such bag or container of a two-pound the extent received by you in the calen­ candy or any other chocolate candy. size or larger but less than five pounds. dar year, 1950. In addition, you paid (10) “ Coffee” means roasted coffee (c) Five cents for a five-pound bag or extra charges, included under the defi­ either whole or ground; decaffeniated larger. nition of the term “ direct cost” , amount­ coffee; coffee concentrates; chicory; cof­ ing to 12tf per case. Your “direct cost” S ec. 2.4. G ift and holiday packages. fee compounds consisting of a blend of I f you assemble into gift or holiday pack­ is therefore $2.23 per case. Now refer coffee and any other product; cereals, ages any food items covered by this reg­ to Table A. Check the list of commodi­ beans, peas, and other products and con­ ulation, with or without any items not ties and you will find “ paste products”, centrates thereof designated as or in­ covered by this regulation, your ceiling which category includes the item you are tended for use as coffee substitutes or price for each package is the sum of pricing. Directly opposite you will find coffee extenders. the following multiplied by 1.05: thé figure “ .86”. Divide your direct cost (11) “Condiments and sauces” means (a) Your ceiling price for each item by this division factor. The resulting any food garnishes in metal, glass, or (or article) being packed, as established amount is 2.592. Bÿ rounding down the any other containers, including but not by this regulation or any other applic­ fraction of a cent which is less than one- limited to catsup, chili sauce, chutney, able Ceiling Price Regulation or order. half cent, you will get your ceiling price meat sauces, mustard, soya, tabasco (b) Your direct cost of packing ma­ of $2.59 a case. sauce, tomato sauce, vinegar, Worcester- terials used for the package, including (b) Commodity definitions. (1) “Baby sire sauce, cocktail sauce, bagoon, and the container. foods” mean all foods especially de­ miso sauce. signed for the nourishment of infants (12) “ Cooking starch” means corn S ec. 2.5. Sales to other wholesalers. and juniors, such as strained or diced starch used for cooking. I f you are not a primary wholesaler vegetables, and baby cereals, such as (13) “Crackers, cookies and specified your ceiling price for the sale of a listed Pablum and Pabena, packed in contain­ cakes” means crackers, cookies, biscuits, commodity to another wholesaler is the ers of glass, tin, or other material. fruit cakes, rum cakes and plum pud­ ceiling price of the primary * wholesaler (2) “Bakers’ and confectioners’ sup­ dings. in the Territory of Hawaii. A primary plies” means grocery items sold primarily (14) “Dessert powders” means all con­ wholesaler shall furnish any wholesaler to bakers and confectioners and similar centrates of fruits or vegetables con­ purchasing from him a written state­ establishments for use in the preparation taining gelatin or rennin, used in the ment of the direct cost and his whole­ of bakers’ and confectioners’ products preparation of gelatinous desserts. sale ceiling price determined-in accord­ and also shelf sizes of certain items sold (15) “Flour” means bulk or packaged ance with this regulation, and every in grocery stores which are used pri­ (in any size) flour milled from wheat, subsequent purchaser making further marily for home baking. In the case’ of seminola, farina, buckwheat, corn, rice, sales to other wholesalers shall furnish sales to bakers, confectioners and similar and potatoes, including, but not limited to the buyer a statement of the primary establishments, this classification in­ to, all-purpose family flour, cake flour, wholesaler’s ceiling price. cludes, but is not limited to, baking pow­ enriched flour, but excluding all flour S ec. 2.6. Delivery charges. Your ceil­ der, baking soda, coloring matter, mince mixes. ing price may not include any extra meat and yeast. It does not include rice, (16) “Flour and corn meal mixes”. charges for delivery to the purchaser bakers’ and family flour, sugar, evapo­ Flour and corn meal mixes means any unless it was your custom to make an rated milk, shortening and lard or any packaged prepared flour or corn meal extra charge for delivery during the'cal- other item specifically covered by an­ mix, including, but not limited to, cake endar year 1950, in which case you may other section of this paragraph (b). In mixes, corn muffin mixes, pie crust file with the Director of Price Stabiliza­ the case of sales to grocery stores of shelf mixes, pancake mixes, waffle mixes. tion, Honolulu, Hawaii, a request that size home baking products, this classifi­ (17) “Fountain supplies” means gro­ your ceiling price include an amount cation includes, and is limited to, baking cery items customarily sold to soda foun­ not in excess of local commercial truck­ powder, baking soda and any other shelf tains. This classification includes, but ing rates for such delivery. This charge size grocery item used primarily for home is not limited to, crushed strawberries, may not be included until you receive baking which is not specifically covered fruit syrups in bottles, chocolate sauce, written approval of your application by any other classification contained in vanilla syrup, maraschino cherries and from the Territorial Director of Price this paragraph (b ). other similar articles used for prepara­ Stabilization. (3) “Dried edible beans and peas” tion of food and drink for sales on the ¿leans all bulk or packaged, threshed premises. S ec. 2.7. Table of division factors (Ta­ and dried field or garden beans, peas, (18) “Canned citrus fruit” means ble A )— (a) Instructions. (1) Table A and lentils, used for human consump­ oranges, grapefruit and other citrus which follows lists the commodities and tion. fruits preserved in metal, glass or any the division factors for wholesalers cov­ (4) “Beverage bases and concentrates” other containers and not requiring re­ ered by this article of the regulation. means Kool-Aid, Ovaltine, Hires Root frigeration. For a detailed list of the items included Beer Extract and similar products. ' (19) “Dried fruits” means fruits or in each category of commodities, see (5) “ Candy” means any confection, parts thereof from which the major por­ “ commodity definitions” , section 2.7 (b). packaged or in bulk. tion of moisture has been removed by This article of the regulation must not (6) “Breakfast cereals” means bulk or natural or artificial drying, and includes, be used to determine ceiling prices for packaged processed cereal grains used as but is not limited to, apples, apricots, commodities other than those listed in breakfast foods, both uncooked and currants, dates, figs, grapes, nectarines, section 2.7 (b). ready-to-eat types. This classification peaches, pears, and prunes. (2) The commodities covered by this includes puffed rice and puffed wheat, (20) “Canned fruits and ^ berries” article are listed in the column at the but does not include buckwheat flour, means fruits and berries packed in left of Table A and the division factors corn meal, pancake flour, pearled barley, metal, glass or any other containers and in the right hand column. Divide these and rice. not requiring refrigeration, and includes, factors into your “ direct cost” to deter­ (7) “Charcoal” means any charred but is not limited to, the following: mine your ceiling prices. Drop any frac­ wood. apples, applesauce, apricots, cherries, tion of a cent which is less than one- (8) “ Cleaners and home laundry sup­ figs, fruit cocktails, fruits for salads, half cent, and take the next higher cent plies” includes Clorox, Old Dutch peaches, pears, pineapples, plums., black­ if the fraction is one-half cent or more. Cleanser, laundry starch, Drano, bluing, berries, blue berries, boysenberries, cran­ For example, you want to figure your powder and cake cleansers other than berries, gooseberries, huckleberries, lo­ ceiling price for a case of twenty-four soaps and detergents, and other home ganberries, raspberries, strawberries, and nine-ounce packages of X Branch spa­ laundry supplies. This classification youngberries. ghetti. The amount you paid your cus­ does not include brass, metal and silver (21) “Quick-frozen fruits, vegetables tomary type of supplier for a purchase polish, upholstery, floor, rug, wall and and meats”. Quick-frozen fruits means of a customary quantity of this item dry cleaners. all fruits, berries, fruit or berry juices, Saturday, Novem ber 17, 1951 FEDERAL REGISTER 11677 and mixtures which have been quick- (33) "Pickles, olives and certain maple, and corn syrup and blends there­ frozen. Quick-frozen vegetables means spiced fruits and vegetables” means all of. Honey means extracted honey and all vegetables, vegetable juices, and mix­ kinds of pickles and olives, whether includes combinations of extracted comb ture^ which have been subjected to a green, ripe, stuffed, oiled, brined, and honey. quick-freezing process. Quick-frozen includes pickles and olives packed in (47) “ Tea” means all kinds of tea, meats means all meats and products vinegar and mustard, and fruits or vege­ green and black, packaged and in bulk. containing meat which have been sub­ tables packed in vinegar or liquors, such (48) “ Canned vegetables” means vege­ jected to a quick-freezing process, in­ as spiced tomatoes, but does not include tables not requiring refrigeration, packed cluding, but not limited to, frqzen horse other fruits and vegetables packed in in metal, glass, or any other containers, meat, hamburgers, chicken and fish. brine or heavy syrup, either spiced or and include, but are not limited to, beans, (22) "Canned juices” means berry unspiced. carrots, corn, okra, peas, pumpkins, juice, citrus fruit juices, fruit juices and (34) "Popcorn, potato chips and shoe­ puree of chopped vegetables, rhubarb, nectar, and vegetable juices packed in string potatoes”. Popcorn means corn sauerkraut, spinach and tomatoes. metal, glass, or any other container and intended for the purpose of making pop­ (49) “Dehydrated vegetables” means not requiring refrigeration. corn and com already popped, packed in vegetables or mixed vegetables which are (23) “Mayonnaise, salad dressing and bags, metal cans, or any other contain­ prepared for consumption by the addi­ sandwich spreads” means all sandwich ers. Potato chips and shoestring pota­ tion of liquid to restore the product to spreads with a mayonnaise or cheese toes means sliced, fried potatoes packed its original condition. base and prepared dressings, for salads in cartons, bags, or any other containers. (50) "Specified wooden products” is except cooking and salad oils. (35) “Preserves, jams, and jellies” limited specifically to the following: (24) “Evaporated milk” means un­ means all preserves, jams, jellies, and Brooms and broom parts, matches (in­ sweetened liquid evaporated milk packed marmalade, packed in metal, glass, or cluding book matches), clothes pins, and in metal, glass or any other containers. any other containers. This classifica­ tooth picks. (25) “Other milk products” means any tion does not include bakers’ jams and (51) "Imported foods” means any food food commodity which is processed or jellies. item imported directly into Hawaii from manufactured from cow’s milk and (36) “Rice” means all grades of white a country other than the United States, includes Klim, Avoset, condensed milk, and brown milled and unmilled rice sold its Territories and Possessions. and malted milk. TTiis classification in all types of containers. When any grocery item covered by this does not include butter, cheese, pow­ (37) “Cooking and salad oils” means section is composed of two or more com­ dered skim milk, fresh milk, or cream. all vegetable, fruit and leaf plant oils, modities defined under two or more of (26) “Canned meats” means meats whether pure or mixed. This classifi­ the above commodity classifications con­ and meats in combination with other cation includes, but is not • limited to, tained in this paragraph (b ), such item foods, packed in metal, glass, or any olive, peanut, cottonseed, and corn oils. shall be classified under that commodity other containers, such as luncheon It does not include prepared dressings, classification in which the largest single meats, spreads, sausages and sausage nor does it include mineral and olive oil ingredient (measured by weight) is de­ meats, frankfurters, hamburgers, loaf sold by drug stores or department stores. fined. meats, brains, tongue, bacon, corned (38) "Salt” means all table and cook­ T able A beef, dried beef, sliced dried beef, hash, ing salt, and salt used for industrial- or potted and deviled meats, spaghetti and commercial purposes. (Division factors to be used by whole­ salers in figuring ceiling prices for items meat balls, spaghetti sauce with meat, (39) “ Canned seafood” means all covered by this regulation, by commodi­ noodles and meat, vegetables and meat, processed fish and seafood packed in ties.) stews, chili con carne, prepared hot ta­ metal, glass, or any other containers, and Food commodities males, chicken, turkey and other poul­ includes, but is not limited to, abalone, Division try, and similar items, whether or not crab meat, lobster, salmon, sardines, 1. Baby foods: factors customarily stored under refrigeration, shrimp, canned clam juice and broth, a. Diced and strained fruits and vegetables______$0.89 but does not include frozen meat. but shall not include fresh, dried, salted, (27) “Bulk nuts” means all nuts which b. Others______. 87 smoked, or frozen fish and seafood. 2. Bakers’ and confectioners’ sup­ are not customarily sold by the retailer (40) .“Dried and shredded seafood” plies : in the original package. means seafood such as codfish and a. Baking powder and soda, shelf (28) “Packaged nuts” means all nuts, shrimp in a dried condition. sizes______. .88 shelled or unshelled, roasted or unproc­ (41) “ Shortening and lard” means any b. Others______.84 essed, which are packed in metal, glass, vegetable or animal fats used for cook­ 3. Beans and peas, dried, edible: cartons, or any other containers and are a. Packaged, or in bag lots__ . . . . 87 ing, sold in bulk or in packaged shelf b. In less than bag lots______. 85 sold in shelf sizes, and include almonds, sizes, but does not include butter or brazil nuts, macadamia nuts, peanuts, 4. Beverage bases and concentrates. . 83 oleomargarine. 5. Candy______. 85 and all other nuts. (42) "Laundry soap” means bar and (29) “Oleomargarine” means any 6. Cereals: packaged laundry soap and detergents. product labeled “ oleomargarine” . a. Ready-to-.eat______. 90 This classification includes laundry soap b. Cooking______.87 (30) "Paste products” means; all and detergents in bars, cakes, chips, pow­ 7. Charcoal______-.85 canned, packaged, and bulk macaroni, der, plain, granulated or liquid form. 8. Cleaners and home laundry sup­ shells, noodles, spaghetti, vermicelli, and plies ______. 87 similar products. (43) "Toilet soap” means bar and packaged toilet soap. This classification 9. Cocoa and chocolate______. 89 (31) "Peanut butter” means all 10. Coffee______. 92 spreads of ground peanuts, irrespective includes toilet soap in bars, cakes, chips, powder, plain, granulated or liquid form. 11. Condiments and sauces: of the size of the granules or pieces of a. Tomato, tomato hot sauce peanuts contained therein. This classi­ (44) “ Canned and dehydrated soup” . and soya______.88 fication includes chunk peanut butter. Canned soups means any soups or broths b. Catsup, mustard and vinegar. . 86 (32) “Pet foods and supplies” means in metal, glass, or any other containers c. Others______.82 all kinds of pet foods, packages, bulk, and includes condensed soups, broths 12. Cooking starch______.89 canned or dry, and such pet supplies as and chowders. Dehydrated soup means 13. Crackers, cookies, specified cakes: . cuttlebone and gravel. It does not in­ any dry commodity intended for the a. Crackers______. 89 b. Cookies______. 87 clude frozen pet foods such as frozen making of soup by the addition of liquid and includes noodle-soup mixes. c. Rum and fruit cake, plum horse meat. Pet foods and supplies sold pudding______.85 by a specializing pet food and supply (45) "Spices and extracts” means all 14. Dessert powders______- .88 wholesaler are exempted from this sec­ kinds of spices and extracts, and in- ■ 15. F lo u r______: ______.91 tion. “ A specializing pet food and sup­ eludes, but is not limited to monosodium 16. Flour and corn meal mixes: ply wholesaler” means any wholesaler glutamate, mapleline, and extracts in a. Without shortening______,90 over 70 percent of whose business has, in shelf sizes, such as cinnamon, pepper, b. Containing shortening______. 85 the last quarter year before any sale, vanilla, and bouillon cubes. 17. Fountain supplies______.83 consisted of sales of pet food and pet (46) "Syrup and honey” . Syrup 18. Fruits, canned citrus______.87 supplies. paeans all edible molasses, sorghum, cane. 19. Fruits, dried______* .85 11678 RULES AND REGULATIONS

Food commodities— Continued (4) “Pork loins” means loins trimmed than one-fourth inch of belly fat is left. Division In accordance with good commercial (13) “ Tails” means the tail removed 20. Fruits and berries, canned: factors practice from which excess fat from the including the entire tail bone (caudal) a. Peaches, pears, pineapples, tenderloin has been removed and the fat and back bone (sacral vertebrae). fruit cocktail______$0. 88 on the back of which does not exceed (14) “Roast pork Chinese style” means b. All others______- . 88 approximately one-half inch in thick­ carcass or wholesale cuts cooked or roast­ 21. Fruits, vegetables, and meats, ness. ed in accordance with existing Chinese quick-frozen______.75 22. Juices, canned: (5) “Fat back” means pork derived custom. a. Pineapple and tomato______.89 from the fat back of well finished hogs. - (15) “Qhinese red pork” means skele­ b. Others______. 87 (6) “Pork trimmings” means trim­ tal parts of pork cooked and glazed with 23. Mayonnaise, salad dressing and mings having not more than fifty percent a colored sugar coating giving it a red sandwich spread______. 84 trimmable fat. appearance. 24. Milk, evaporated.______.93 (7) “Bellies” me^ns bellies made from (16) “Pork legs” means hind legs of 25. Milk products other than evapo­ carcass hogs from which spare ribs, and the pork carcass cut at a straight line no rated m ilk ______. 86 higher than the fifth lumbar vertibrae 26. Meats, canned: bones have been removed. a. Cans of 2 y2 pounds and over. .90 (8) “Feet”. Front feet are cut from with the foot; hock, and flank removed. b. Vienna sausage, deviled meat. . 89 the shoulder at or above the upper knee (17) “Pork shoulder” is the front leg c. Chicken, turkey, poultry_____ .87 joint (toward the body of the hog). of the carcass with the foot, hock, arm, d. Others______. 88 Hind feet are cut from the hind leg at or flank and jowl removed and with the fat 27. Nuts, bulk: above the hock joint (toward the body and skin removed from the outer part to a. In bag lots______. 86 of the hog) with the exposed part of the the joint where the butt joins the picnic. b. In less than bag lots______. 84 gambrel cord (tendon) entirely removed. (18) “Head” means the head trimmed 28. Nuts, packaged: a. Peanuts______- .88 (9) “Hocks” means sections cut from with the jowls off and the tongue and b. Others______. 86 the shank of a ham or picnic and weigh­ brain in. 29. Oleomargarine______- . 83 ing a half pound or more each. (19) “Boneless” means a cut of pork 30. Paste products______.86 (10) “Jowls” means whole jowls from which all of the bones have been 31. Peanut butter______,______.88 trimmed freely of blood clots and ragged removed. 32. Pet foods and supplies______. 88 (20) “Slaughterer” means any person 33. Pickles and olives, specified fruits pieces. (11) “Leaf lard” means that portion who is in the business of slaughtering and vegetables______. 85 livestock or any person who buys live­ 84. Popcorn, potato chips and shoe­ of soft fat which covers the kidneys in­ stock for resale to or for the account of string potatoes____:_____ .85 side the carcass. 35. Preserves, jams and jellies______. 88 a slaughterer or any person who has 36. Rice______. 93 (12) “Spare ribs” means the rib bones livestock slaughtered for him by another 37. Salad oils: s removed in one piece and cut on a person. a. Olive oil______.85 straight line starting at the second rib (b) Ceiling prices for sales of island b. Others______.90 towards the rear of the carcass and in­ pork. Ceiling prices for sales of carcasses 38. Salt: a. Packaged______. 90 cluding all rib cartilage and the breast and cuts o f island pork per pound are b. In bulk______. 85 bone (sternum) and on which no more shown in the table below: 39. Seafood, canned: a. Oysters, codfish cakes, flakes, . [Cost per pound] barracuda, squid, and mack­ erel______. 86 If live cost is $0.36 $0.37 $0.38 $0.39 $0.40 $0.41 $0.42 $0.44 $0.45 b. Others______.84 $0.43 40. Seafood, dried and shredded: a. Fish______!______. 80 Then wholesale ceiling prices b. Shrimp______. 85 are as follows— Carcasses______.5628 .5784 ■ . 5941 .6097 .6254 .6410 .6566 .6722 .6879 .7035 41. Shortening and lard______. 92 Cuts: 42. Soap, bar and package laundry____ . 88 Legs...... 75 .77 .80 .82 .85 .87 .89 .92 .94 .97 43. Soap, toilet!______.88 Shoulders...... 70 .73 .76 .79 .81 .84 .87 .89 .91 .92 44. Soups: Loin s...... 75 .77' .78 .81 .84 .86 .88 .90 .92 .92 Spareribs...... 65 .67 .68 .70 .70 .72 .74 .75 . .78 .81 a. Canned soups______. 90 Belly...... 65 .66 .68 .68 .69 .69 .71 .71 .73 .76 *b. Dehydrated soups______.88 Feet...... 45 .46 .47 .48 .48 .48 .48 .49 .49 .49 45. Spices and extracts: Head and jowls...... 33 .34 .35 .35 .36 .36 • .36 .39 .41 .43 Tongue...... 50 .50 .50 .50 .50 .52 .52 .54 .54 .54 a. Black pepper______1______. 83 Kidneys____ : ...... 70 .70 .70 .70 .70 .70 ' .70 .70 .70 .70 b. Vanilla extract______.80 Trimmings...... 10 .10 .10 .11 .11 .12 .12 .12 .12 .12 c. O th ers______. 78 Leaf lard...... 10 .10 .10 .11 .11 .12 .12 .12 .12 .12 46. Syrup and honey______. 88 Tails______.45 .45 .45 .45 .45 .47 .47 ' .47 .47 .47 Head bones...... 05 .05 .05 .07 .07 .08 .08 .08 .08 .08 47. Tea ______.85 Miscellaneous bones...... 05 .05 .05 .07 .07 .08 .08 .08 .08 ,08 48. Vegetables, canned: "etail ceiling prices— a. Peas, corn, tomatoes, beans— .88 v uts: b. All others______.88 Legs, boneless______.85 .89 .92 .95 .99 1.02 1.06 1.08 1.11 1.13 .80 .84 • .87 .90 .94 .97 1. 01 1.03 1.06 1.08 49. Vegetables, dehydrated______.86 Legs, center slices______.90 .94 .97 1.00 1.04 1.07 1.11 1.13 1.16 1.18 50. Wooden products, specified______, 80 Shoulders, boneless...... 85 .88 .91 .95 .98 1.02 1.06 1.08 1.11 1.12 51. Imported foods: Shoulders, bone in...... 80 .83 .86 .90 .93 .97 1.01 1.03 1.06 1.07 1.17 a. Foreign foods imported from Shoulders, steaks...... 90 .93 .96 1.00 1.03 1.07 1.11 1.13 1.16 Loins, either end...... 90 .93 .96 .99 1.01 1.04 1.08 1.11 1.13 1.15 abroad______. 84 Loins, center cut (roast or b. Dried or pickled seafood and chops)______.95 .98 1.01 1.04 1.06 1.09 1.13 1.16 1.18 1.20 Sparerihs...... 75 .78 .81 .85 .87 .90 .94 .96 *.98 1.01 vegetables imported from 1.01 the Orient______. 77 Bellies, boneless...... 75 .78 .82 .84 .87 .90 .94 .96 .98 Hocks, fresh...... 76 .76 .76 .77 .78 .79 .79 .81 .81 .83 Feet, fresh...... 58 .60 .60 .60 .60 .62 .62 .63 .63 .63 ARTICLE ID— MEAT .45 .45 .47 .48 .49 .50 .50 .51 .51 • 53 Head, bone in...... 35 .35 .36 .36 .37 .37 .38 .38 .40 .40 S ection 3.1. Island Pork— (a) Defini­ Head, boneless...... 45 .45 .46 .46 .47 .47 .48 .48 .49 - .49 tions. (1) “Island pork” means pork Tails, fresh...... 50 .50 .50 .50 .50 .50 .50 .50 .50 • 50 Pork fat and leaf lard...... 20 .20 .20 .20 .20 .20 .20 .20 .20 • 20 derived from swine slaughtered in the Kidneys...... 85 .85 ' .85 .85 .85 .85 .85 .85 .85 • 85 Territory of Hawaii. Tongues...... i ...... 70 .72 .72 .72 .72 .72 .72 .72 .72 .72 .05 .05 .05 .05 .05 .05 .05 .05 .05 • 05 (2) “ Pork cuts” means cuts derived Trimmings______...■ .20 .20 .20 .20 .20 .20 .20 .20 .20 .20 from the carcasses of swine. (3) “Carcass” means hogs dressed At the top. of each column Is shown the live hog net cost. Underneath, In columns, are your shipper style in the Hawaiian Islands, ceiling prices for pork carcasses and cuts based on the live net cost. If you are a wholesaler ana scalded or skinned with the head on, the live cost to you of the hog you are selling was 39 cents a pound, then your ceiling price tor the sale of spare ribs is 70 cents a pound. If you are a retailer, the wholesaler will notify y°" kidneys and leaf fat in and ham facings of the live cost to him of the pork you buy from him,. If you are notified, for example, that thai on. price was 39 cents, then your ceiling price for shoulder steaks is a dollar a pound. Saturday, Novem ber 17, 1951 FEDERAL REGISTER 11679

(2) Ceiling prices for sales of offal. Effective date. This Ceiling Price Canadian forest products purchased The following dollar and cents ceiling Regulation 69, Revision 1, is effective directly by manufacturers are not under prices are established for sales of pork November 21, 1951. price control. Reports from the trade offal. Note: The record-keeping and reporting indicate, for example, that Canadian requirements of this regulation have been birch squares, without which many of the At wholesale At retail not approved by the Bureau of the Budget in producers of turned and shaped wood delivered delivered accordance with the Federal Reports Act products could not continue to operate, of 1942. have increased in price from 30 to more Pound Pound M ichael V. D iSalle, than 50 percent since the purchases upon Liver:______. .. $0.67 $0.78 Director of Price Stabilization. .42 .53 which ceiling prices of the finished items Tripe...... 27 .38 N ovember 16, 1951. were calculated under the General Ceil­ .52 .63 ing Price Regulation. [F . R . Doc. 51-13878; Filed, Nov. 16, 1951; 10:48 a. m.] Almost all of the raw materials used (3) Ceiling prices for sale? of specialty by these industries are purchased long items. Dollar and cent ceiling prices are in advance of their use in finished prod­ established for sales of specialty pork ucts. After contracts tç purchase have items*as follows: [Ceiling Price Regulation 95] been entered, in many instances logs and bolts have to be dried before they At wholesale A t retail not CPR 95—T urned, Shaped or O ther are used. In order to be assured of a delivered delivered A llied W ood P roducts sufficient supply of raw materials a man­ Pursuant to the Defense Production ufacturer customarily contracts in ad­ Pound • Pound vance during logging and cutting sea­ Chinese roast pork______$1.38 $1.55 Act of 1950, as amended, Pub. Law 774, Chinese roast pork (red). . 1.63 1.76 81st Cong., Pub. Law 96, 82d Cong., sons for his raw material requirements Executive Order 10161 (15 P. R. 6105), for an entire year. As a result of this (4) Ceiling prices for custom slaugh­ and Economic Stabilization Agency Gen­ practice many price lists for the finished products which were in effect during the tering. Your ceiling price for killing eral Order No. 2 (16 P. R. 738), this general freeze period were based upon and dressing any swine in the Territory Ceiling Price Regulation 95 is hereby raw material costs which were far lower of Hawaii is 2$ per pound, live weight issued. than replacement cost of the same ma­ with a minimum charge of two dollars statement of considerations terial during the freeze base period. The per head.' You may also retain the offal. products of these industries, further­ (5) Special reporting provision. I f This regulation sets forth pricing for­ mulas, the use of which will enable more, are often sold on long term de­ you are a wholesaler you must, with ev­ livery contracts. Such prices were set ery sale of island pork, furnish the buyer manufacturers of turned, shaped and allied wood products to arrive at ceiling far in advance of the freeze period and a statement of the live cost to you of also did not reflect the then current in­ the pork you are selling, in addition to prices. ventory replacement cost. The estab­ the reports required by section 1.10 of The general principle of these for­ lishment of ceiling prices for such arti­ this, regulation. mulas is that, pending the formulation of specific dollars and cents ceilings for cles on the basis of prices agreed upon ARTICLE IV— TARO AND POI a great number of the products covered in long outstanding contracts tends to Section 4.1. Taro— (a) Definition. by this regulation, balance can be re­ distort the output of the industry. Man­ “Taro” means wet land taro grown in stored to the price structures of these ufacturers would discontinue production submerged fields, suitable for the manu­ industries by permitting the manufac­ of these items and divert facilities to facture of poi, turers to compute their ceiling prices the manufacture of items which either (b> Ceiling prices. Your ceiling price on the basis of their pre-Korean price were not produced in January 1951, or for the sale of taro, pulled, sacked in determining methods, using the cost ele­ were delivered in that period against buyer’s sacks and delivered at the road­ ments in such methods as of July 31, more recent contracts. side is six cents per pound. I f you de­ 1951. The price structure which pre­ Labor cost is a principal item in manu­ liver taro, or if you sack taro in your vailed during January 1 to June 24, facturing costs. Wage contracts in these sacks, your ceiling price is six cents per 1950 is regarded as affording an appro­ industries which were in effect during pound plus the actual cost to you of such priate base because prices and costs gen­ the period on which General Ceiling delivery or of sacks. erally were in balance at levels which Price Regulation prices were based, were yielded satisfactory operating margins in many instances below present legally Sec. 4.2. Poi— (a) Definitions. (1) to the bulk of the producers. allowable maximums. Information from “Poi” means the unadulterated product the trade indicates that upward ad­ of thQ edible taro root made into a paste The turned, shaped and allied wood products industries are generally close justments have been made since the which contains not less than thirty per freeze period. It is important that any cent of total solids. margin industries. Many of their prod­ ucts such as. broom handles, picker stick formula used in the determination of (2) “Substandard poi” means the un­ blanks, dowels and striking tool handles ceiling prices of the products of these adulterated product of the edible taro are standardized and are offered by many industries be sufficiently flexible to take root made into a paste which contains producers. Some of these standardized care of this increased labor éost. less than thirty per cent, but not less products and many of the more special­ A large portion of the production of than twenty-six per cent of total solids. ized products compete with metals and turned, shaped and allied wood products (3) “Ready-mixed poi” means strained plastics for the market. consists of non-standardized articles Poi mixed with water which contains less Materials and labor are major items of which are manufactured pursuant to than twenty-six per cent, but not less cost. Any serious increase in cost of particular specifications. In many in­ than eighteen per cent tif total solids. either of these factors seriously affects stances these cannot satisfactorily be (b) Ceiling prices. Ceiling prices for the possibility of operation on a profit­ priced under the provisions of the Gen­ the sale of poi are as follows: able basis. eral Ceiling Price Regulation without Some of the products of these indus­ imposing undue administrative burdens. Sales by tries are produced from purchased lum­ Thousands of products from these indus­ - manu­ tries are used as component parts in hun­ facturers Sales ber, but the bulk of the production is at and whole­ from logs and bolts. Some operators dreds of other industries. As a result of salers retail the diversity of the pricing situations (delivered) combine saw mill operations with sup- -plemental purchases. Stumpage prices which must be met, during periods of changing basic costs, the price structure Poi (pound)...... have risen and many manufacturers who $0.18 $0.22 of these industries is in a state of flux. bub-standard poi (pound)...______.16 .20 purchase it periodically as needed are K(pound|Xecl poi, bulk or packaged squeezed by rising costs. The demand It takes six months to a year to complete .14 .17 E^y-u uxed ‘ 'poi,' ” (1 3-li ounce' for certain types of squares needed in the cycle of price adjustment. This reg­ .26 .33 the production of many items cannot be ulation allows adjustments to remove the Ready-mixed poll’(28 ounce"tin)'_’_’.I' .53 .66 met from domestic production, but the inequities which arise from the pricing squares must be imported from Canada. problems peculiar to these industries. 11680 RULES AND REGULATIONS

These industries are being called upon REGULATORY PROVISIONS board feet from supplier B; and 100,000 to produce many commodities which en­ Sec. board feet from supplier C. On July 31, 1951, A’s ceiling price is $100, B’s ceiling ter into the defense program. Examples 1. What this regulation does. 2. Ceiling prices. price is $90 and C’s price is $97. which might be cited are: airplane parts, 3. Ceiling prices for products not previously Ceiling including yokes and pilot shields; aerial produced by you. Quantity: price flare bases, detonator blocks, wooden 4. Ceiling prices for new sellers. 600 M X $100_.______60,000 shell supports and special handles. Or­ 5. Option to price under the General Ceil­ 300 M X $90______27, 000 ders are being received for new items to ing Price Regulation. 100 M X $97______9,700 provide substitutes for metal products to 6. Import and export sales. industries where allocations have been 7. Petitions for amendment. 1,000 M______96, 700 curtailed or eliminated in the defense 8. Record-keeping requirements. $96.70—weighted materials ceiling price in 9. Interpretations. effect to you. effort. To establish ceiling prices for 10. Prohibitions. many of these articles under the General 11. Evasions. v (2) If you • are a manufacturer of Ceiling Price Regulation, the Office of 12. Supplementary regulations. wooden heels, wood turnings, shoe lasts, Price Stabilization would be called upon 13. Definitions. wooden handles or wagon and imple­ to authorize ceiling prices for individual A u t h o r it y : Sections 1 to 13 issued under ment wood stock, who purchases wood manufacturers' in accordance with the sec. 704, 64 Stat. 816, as amended; 50 U. S. C. heel blocks, or shoe last blocks, wood terms of Section 7 of that Regulation. App. Sup., 2154. Interpret or apply Title IV, blanks, or dowels for re-manufacture, Such a procedure would involve exten­ 64 Stat. 803, as amended; 50 U. S. C. App. you may use in determining your ceil­ sive processing of applications for ceiling Sup., 2101-2110, E. O. 10161, Sept. 9, 1950, ing prices, material costs on these items prices and would cause delay in the pro­ 15 P. R. 6105; 3 CPR, 1950 Supp. not in excess of your supplier’s ceiling duction pending the determination of Section 1. What this regulation does. prices determined under this regulation ceiling, prices for these articles. The This regulation establishes ceiling prices prior to January 1, 1952. provisions of this regulation permit rapid for manufacturers of turned, shaped or (3) If you have paid inbound freight calculation of ceiling prices for new other allied wood products. This regu­ costs not included in suppliers’ ceiling items and would therefore tend to avoid lation supersedes the General Ceiling prices as determined above, you may, in distortion of output. Price Regulation with respect to prod­ determining your material cost, include This regulation also covers many ucts covered by this regulation. This an average inbound freight cost com­ turned, shaped and allied wood products regulation applies to the forty-eight puted by averaging the respective freight for which the sellers have either a pub­ States of the United States and the Dis­ costs, on the basis of freight rates in lished or unpublished price list. Many trict of Columbia, but not to the terri­ effect on July 31, 1951, on all material producers of these items held back on tories and possessions of the United to be used in the item being priced, in­ price increases in an effort to cooperate States. cluding those materials, if any, on which with the stabilization program and in there has been no freight cost. compliance with the voluntary pricing S ec. 2. Ceiling prices. To determine (4) A manufacturer covered by this standards which had been issued on De­ your ceiling price for an item covered by regulation who derives his material from cember 19, 1950. They are at a marked this regulation, you shall employ your stumpage, or logs owned by himself may disadvantage as compared with other individual price determining method or use as material costs for the particular Concerns which had raised their list formula used by you on June 24,1950, for item the amount he would have allocated prices and ignored the voluntary pricing calculating a price for the same or for to such costs on July 31, 1951, under his standards. By allowing the formula the most comparable turned, shaped or price determining method in effect on computation of prices by all sellers of allied wood product made by the same June 24, 1950, but not in excess of the turned, shaped and allied woqd products, production method in the same factory. ceiling price which he would have paid correction of such inequities as exist is In determining your ceiling price by for comparable lumber or blanks on permitted. using your formula, you must apply your July 31, 1951. This regulation is intended to be re­ formula in exactly the same manner as (b) Waste factor. To the material placed in part as soon as practicable by you would have on the base date. You costs determined in accordance with one or more regulations establishing dol- must not include any costs which you paragraph (a) there may be added a lars-and-cents prices for some of the did not customarily include, in pricing waste factor. The waste factor to be products affected, such as striking tool such turned, shaped and allied wood used in arriving at the price of the par­ handles, wooden heels, hickory picker products and you must calculate the ticular item shall be the same utilization stick blanks and other hickory small di­ various factors entering into your ceil­ or waste factor that you used in your mension pfoducts. ing price in accordance with the follow­ price determining method on June 24, In formulating this regulation the Di­ ing provisions: 1950, for the particular item and for rector of Price Stabilization has con­ (a) Material factor. (1) Your mate­ the same grade of lumber or other ma­ sulted with representatives of the indus­ rial cost for a particular item shall not terial. The utilization or waste factor tries concerned to the extent practicable be in excess of your supplier’s ceiling for a new item shall be the same as for under the circumstances and has given prices in effect on July 31, 1951, until the most comparable item under your consideration to their recommendations. such time as a regulation is issued which price determining method in effect on establishes dollars and cents ceiling June 24,1950. In all instances this utili­ FINDINGS OF THJ DIRECTOR OF PRICE prices for those suppliers. Thereafter zation or waste factor must be related STABILIZATION the material cost for a particular item to dry sizes in both lumber (raw ma­ In the judgment of the Director of shall not be in excess of the new dollars terial) and the particular product or Price Stabilization, the ceiling prices es­ and cents ceiling prices originally estab­ to the thickness, size and species of the tablished by this regulation are general­ lished by such regulation. Where mate­ lumber. ly fair and equitable and are necessary rials are purchased from more than one (c) Labor factor. You must calculate supplier and the ceiling prices in effect to effectuate the purposes of Title IV of the labor cost factor in exactly the same on July 31, 1951 vary between suppliers, manner as you would have calculated it the Defense Production Act of 1950, as and you are using ceiling prices in effect amended. on June 24, 1950, except that you may on July 31, 1951, you shall determine an use the straight time and overtime rates So far as practicable, the Director of average ceiling price weighted by the for each class of labor in effect in your Price Stabilization gave due considera­ quantity of such material actually pur­ factory on July 31, 1951. If you cus­ tion to the national effort to achieve chased from the different suppliers dur­ tomarily used machine hour, per piece, maximum production in furtherance of ing the period July 1, 1950 to July 31, or average rate in pricing a particular the objectives of the Defense Production 1951. item of turned, shaped or allied wood Act of 1950; to prices prevailing during Example. During the period July 1, 1950 products, you must use the same method. the period from May 24,1950, to June 24, to July 31, 1951, you purchased a total of To determine labor cost for a particular 1950, inclusive; and to relevant factors 1 million board feet. You purchased 600,- item use labor costs based on rates in of general applicability. 000 board feet from, supplier A; 300,000 effect on July 31, 1951, not exceeding Saturday, Novem ber 17, 1951 FEDERAL REGISTER 11681

the maximum permitted by the wage tors or rates in making this recomputa­ ing prices for export sales shall be de­ ceiling regulations in effect at that time. tion. termined under CPR 61 (Exports). If labor rates are increased after July 31, 1951, but before July 31, 1951 the par­ S ec. 4. Ceiling prices for new sellers. Sec. 7. Petitions for amendment. I f ties involved had agreed that any labor (a) I f you are a manufacturer of turned, you wish to have this regulation increase would be retroactive to a date shaped, and allied wood products who amended, you may file a petition for prior to July 31, 1951, and such retroac­ was not in business on June 24, 1950, amendment in accordance with the pro­ tive agreement has been approved by or if for any other reason you cannot de­ visions of Price Procedural Regulation 1, the Wage Stabilization Board then the termine the ceiling price under the pro­ Revised (16 F. R. 4974). subsequent rate shall be deemed to be visions of the preceding sections of this regulation, you must apply to the Forest Sec. 8. Record-keeping requirements. the rates in effect on July 31, 1951. (a) You must prepare and preserve for (d) Other cost factors. You must cal­ Products Division, Office of Price Stabili­ zation, Washington 25, D. C., for the es­ inspection by the Office of Price Sta­ culate any other cost factors in exactly bilization, for the life of the Defense the same manner as you did on/ June 24, tablishment of a ceiling price or pricing formula. Production Act of 1950, as amended, and 1950. You may not however, include any for two years thereafter, all records (1) Any application submitted pur­ increases in such costs occurring after necessary to determine whether you have July 31, 1951. suant to this section must contain the following information: (i) Your name computed your ceiling prices correctly, (e) Overhead or burden and margin. including, but not limited to: and address and the location of your fac­ You must calculate the factors for over­ (1) A detailed statement of your price tory; (ii) a description of the wood head, burden or margin, if included in determining formula or method in effect products or kinds of turned and shaped your June 24, 1950 pricing method, in upon June 24, 1950. This statement wood products you propose to produce; exactly the same manner and using the should include a description of: same rates as you would have on that (iii) a proposed ceiling price or pricing (1) The item or class of goods to date. However, if any of these exceed formula; and (iv) a detailed statement which the formula applies. the rates which you had in effect upon of the method which will be used by (ii) The manner in which labor and July 31, 1951 you sHall use instead the you in calculating ceiling prices for other material costs, including waste factors, lower rates in effect upon that later date. products under this regulation. were calculated. (f) Computation on basis of class of . (2) Any ceiling price or pricing for­ (iii) The exact overhead or margin goods. I f under your individual price mula established by OPS pursuant to the rates. provisions of this section must be in line determining method in effect on June 24, I f you had more than one such formula 1950, you customarily priced your prod­ with the ceiling prices otherwise estab­ in effect, you should repeat the above de­ uct by class of goods, you may continue lished in this regulation. (3) After filing the application, orders tails for each such formula. to determine the factors in the formula (2) A statement showing: on the basis of class of goods rather than may be accepted and invoices issued at the proposed ceiling price or determined (i) For each material used by you the on the basis of a particular item. material cost as of July 31, 1951, on the (g) Price lists and differentials. I f your in accordance with the proposed method, subject to approval, disapproval or ad­ basis of which you will calculate the ma­ price-determining formula results in the terial costs of particular items. determination of a net price and it has justment by the Office of Price Stabiliza­ tion. A notation to this effect must be (ii) The labor rates in effect in your been your custom to sell on the basis of a plant on July 31, 1951. I f your labor list price from which you have granted made on all quotations, orders and in­ voices until the proposed ceiling price or costs are determined by reference to discounts and differentials, you shall cal­ - standard cost records or figured as labor culate such a list price from the net price method of determining ceiling prices is approved, adjusted, or disapproved. Un­ costs per operator, show how those costs determined under your formula by using were computed. the same percentage differential which less the Office of Price Stabilization with­ in 30 days after receipt of the applica­ (iii) Overhead or margin rates which you had in effect on June 24, 1950. In you had in effect on July 31, 1951. making sales, your list price must be ad­ tion approves, disapproves, adjusts, or amends the proposed prices, or requests (b) After the effective date of this justed to reflect any applicable quantity regulation, all records pertaining to sales discounts plus purchaser discounts or further information, or extends the time within which to do any of the foregoing, made under this regulation shall be re­ other differentials which you had in tained for a period of two years after effect on June 24, 1950, and must carry such application shall be deemed to have such sales are made. These records all' delivery terms, cash discounts, and been approved. (b) I f you are required to file an ap­ shall consist of: other applicable conditions of sale which (1) A record of all price lists and un­ you had in effect on that date. plication under this section and do not do so, OPS may issue an order establishing solicited quotations for turned, shaped Sec. 3. Ceiling prices for products not a ceiling price or pricing formula for you. or other allied wood products in effect :Previously produced by you— (a) Use of Any ceiling price provided for by such on and after the effective date of this estimates on first order. In determining order will be in line with the ceiling regulation. a ceiling price for an item which you did prices otherwise established in this regu­ (2) Record of each sale of turned, not produce during the period July 1, lation and will apply to all sales for shaped or other allied wood products 1950-July 31, 1951, inclusive, you may, which a ceiling price was not otherwise showing: in connection with the first order re­ established, including sales for which de­ (i) The name and address of the pur­ ceived after the effective date of this liveries were completed prior to the date chaser, the date of sale, a description regulation, apply your formula on the of the order. The issuance of such an and identification of the product and the basis of estimates of the time and ma­ order will not relieve you of your obliga­ net price charged by you. terial which will be required. Such esti­ tion to comply with the requirements of (ii) Work sheet showing the calcula­ mates must be made in accordance with this regulation or of the various penalties tio n s by which you determined ceiling your practice as of the base date and for your failure to do so. prices showing material costs, waste, la­ must be based upon your general produc­ bor cost, burden and margin. In a sub­ tion experience. Sec. 5. Option to price under the Gen­ sequent sale of the same product at the (b) Recomputation. After completion eral Ceiling Price Regulation. I f your same price to the same or different pur­ of the first order, you must recompute ceiling prices have been established by chaser of the same class, only a refer­ your ceiling price by applying your the General Ceiling Price Regulation you ence to the prior work sheet need be formula on the basis of your actual ex­ may at your option retain the ceiling preserved. perience in producing such order, and prices thus established in lieu of ceiling (3) Records showing the extra charges, quantity discounts, class of purchaser the price resulting from such recompu­ prices which would be established under sections 2, 3, or 4 of this regulation. differentials, delivery terms, cash terms, tation is your ceiling price for all subse­ guarantee and service terms and other quent sales of the same item. I f it was Sec. 6. Import and export sales. Ceil­ terms and conditions of sale which you your practice as of June 24,1950, to em­ ing prices for imported wood products had in effect on June 24, 1950. ploy standard factors or rates for certain of the types covered by this regulation (4) A record or work sheet showing cost elements, you may use the same f ac­ are covered by CPR 31 (Imports). Ceil­ the computations by which you arrive at 11682 RULES AND REGULATIONS each ceiling price determined by you data and the inclusion in records of Shaped wood products. Shaped wood under this regulation. This record false data. product means any softwood or hard­ wood lumber product which has been should clearly show: S ec. 12. Supplementary Regulations. shaped to pattern on a cutting machine. (i) The specifications of the item to The Director of Price Stabilization may The term “ shaped wood product” in­ which the price applies. issue supplementary regulations mod­ cludes handles other than those handles (ii) How material and labor costs per ifying or supplementing this regulation specifically excluded below and it also unit were calculated from the base costs as he deems appropriate. shown upon the records referred to in includes wood parts of utensils and wood subparagraphs (1) and (2) of this para­ S ec. 13. Definitions. parts of appliances which have been graph. Class of purchaser or purchaser of the shaped to pattern on a cutting machine. (iii) The overhead and margin factors same class. Class of purchaser is de­ The term “ shaped wood product” also and differentials applied in determining termined in the first instance by ref­ includes products which must have fur­ your ceiling price. erence to your own practice of setting ther work performed on them or a part (c) The Director of Price Stabilization different prices for sales to different pur­ or parts assembled to them before they may at any time call upon you to fur­ chasers or groups of purchasers. The are ready for ultimate use. nish the Office of Price Stabilization practice may (but need not) be based on Other allied wood products. Other copies of any and all records required the characteristics or distributive level allied wood products include, but are by this regulation to be kept by you. of the buyer (for instance, manufacturer, not limited to: You shall furnish to the Office of Price wholesaler, individual retail store, retail Cherry blocking and allied products. Stabilization copies of any records re­ chain, mail order house, government Shims and braces. quired by this regulation to be kept by agency, public institution). It may (but Venetian blind wood slats and pencil slats. you within 10 days after demand for need not) be based on the location of the Hickory and other hardwood striking tool them has been made on you by mail or purchaser or the quantity purchased by handles and other allied handles. in person by a representative of the Office him. I f you have followed the practice Hickory and aSh^ small dimension including of Price Stabilization. of giving an individual customer a price picker stick blanks, ski billets, pitman differing from that charged others, that stock, shunt squares and handle blanks. S ec. 9. Interpretations. I f you have Tobacco sticks. • customer is a separate class of purchaser. Plow handles and related items. any doubt as to the meaning of this reg­ Individual price determining method. ulation, you should write to the District Broom and mop, handles. A manufacturer’s individual price de­ Counsel of the proper OPS District Office Wood last, bowling pin, and heel blocks. termining method is the method he cus­ Wood dowels, skewers, gambrels and floral for an interpretation. Any action taken tomarily used to relate price to cost, sticks. by you in reliance upon and in conform­ whether by cost accounting procedures Ash tool handles. ity with a written official interpreta­ or by any other method. Piano sounding boards and other allied piano tion will constitute action in good faith parts. Manufacturer. This term includes a pursuant to this regulation. Further Wooden clothespins, including spring type. producer, processor, finisher, or fabri­ information on obtaining official inter­ Wooden luggage frames. cator. You are not a manufacturer un­ pretations is contained in Price Proce­ Rough turned bobbins. less you substantially change the form qf Wooden plugs and cores and bushings? dural Regulation 1. some commodity or commodities, com­ Bungs and wood faucets. S ec. 10. Prohibitions, (a) You shall bine two or more commodities into a dif­ Wooden pole line materials, such as pins, not do any act prohibited or omit to ferent one, or create a new commodity steps and brackets, and wooden reels. do any act required by this regulation, from existing ones. If you merely pack­ Shoe pegs and wood shanks. nor shall you offer, solicit, attempt, or Artificial limb blocks. age, label, market, promote, or sell a Pump rods and pull rod carriers. agree to do or omit to do any such acts. commodity or combine commodities Cleat stock, wooden pallets and skids. Specifically, (but not in limitation of the without substantially changing their Canvas binder slat blanks and related items. above), you shall not, regardless of any form, you are not a manufacturer. If Wooden shoe stretchers. contract or other obligation, sell, and you merely perform ah industrial service Wooden lobster traps. no person in the regular course of trade for the account of others on a commodity Brush blocks. ' or business shall buy from you at a price you are not a manufacturer with respect Wooden neck yokes, single tree and double higher than the ceiling price established tree blanks and saddle trees and other to such a commodity. allied products. by this regulation, and you shall keep, Most comparable item. For the pur­ Trellises, arbors, and other allied product*. make and preserve true and accurate poses of this regulation the most com­ Street broom fiber. records and reports, required by this reg­ parable item shall be determined on the D shovel handles. ulation. If you violate any provisions basis of kind of lumber used and similar­ Wooden spokes, axles and rims. of this regulation, you are subject to ity of cutting schedule. Tobacco pipe stock. criminal penalties, enforcement action, Turned wood products. Turned wood Butcher blocks. and action for damages. Wood industrial cutting boards. product means any softwood or hard­ Wedges and fids. / (b) Once you have placed in effect wood lumber product which has been your ceiling prices for a particular item turned on a cutting machine or passed The term “ turned, shaped or other or class of goods after having deter­ through a dowel machine. The term allied wood products” does not include: mined them in accordance with sections “ turned wood product” includes handles Rotary cut lumber, veneer, or plywood. 2, 3, or 4 of this regulation you may not other than those handles specifically' Wooden products which are completed and thereafter redetermine a higher ceiling excluded below and it also includes wood ready for ultimate household, recreational price, except as specifically allowed in parts of utensils and wood parts of ap­ or farm use. Such completed products are paragraphs (a )(1 ) and (a )(2 ) of sec­ pliances, (other than rotary cut lumber) not within the provisions of this regula­ tion 2 and paragraph (c) of section 2. which have been turned on a cutting tion unless they are defined in the defini­ tions of turned and shaped wood products Sec. 11. Evasions. Any device whichf- machine or passed through a dowel ma­ or are specifically listed as an allied wood results in obtaining indirectly a higher chine. product above. A product is considered price than is permitted by this regula­ The term “ turned wood product” also “completed and ready for ultimate house­ tion or in concealing or falsely repre­ includes products which must have fur­ hold, recreational or farm use” within the senting information as to which this ther work performed on theim>r a part meaning of this regulation even though regulation requires records to be kept or parts assembled to them before they it must still be painted, lacquered, var­ are ready for ultimate use. In addition, nished or upholstered, or subjected to fur­ Is a violation of this regulation. This ther processing not affecting basic utility, prohibition includes, but is not limited the term “turned wood product” includes but necessary for consumer acceptance or to, devices making use of commissions, wood soles, wood heels, covered or un­ purchase. services, cross sales, transportation ar­ covered, and lasts, however made, and Moulding. rangements, premiums, discounts, spe­ regardless of whether the soles, heels, Millwork. Doors, sash, windows and frames or parts cial privileges, up-grading, tie-in agree­ or lasts consist exclusively of a wooden thereof. ments and trade understandings, as well part or of wooden parts assembled with Flooring, siding and other similar worked as the omission from records of true other parts. lumber. Saturday, November 17, 1951 FEDERAL REGISTER 11683

Small dimension stock either rough, semi« provide for payment on the basis of the greater output and shipment of such machined or completely machined and antimony content at a price reflecting either glued or not glued unless specifi­ ores to the United States. cally covered above. the published price for refined metal. Most of the same considerations apply Consequently, any change in the ceiling with respect to antimony oxide as have Effective date. The effective date of price for antimony metal will automati­ just been set forth with respect to anti­ this regulation is November 21, 1951. cally be reflected back to provide a mony metal. Antimony oxide has sev­ Note: The record-keeping and reporting higher price for producers of antimony eral important military usages. The requirements of this regulation have been ores in foreign countries. Since the supply is dependent upon obtaining for­ approved by the Bureau of the Budget pur­ spread between the price of the metal eign ore which can only be obtained at suant to the Federal Reports Act of 1942. and the price of the ores is fixed by substantially higher prices than have M ichael V. D i Salle, these long-term contracts, an increase been paid in the past. Like the ores used Director of Price Stabilization, in the U. S. price for the metal would for antimony metal? ores obtained for not increase the margin of the domestic producing antimony oxide are purchased N ovember 16, 1951. smelter or refiner except to a minor ex­ on contracts which relate the ore price JF. R. Doc. 51-13879; Filed, Nov. 16, 1951| tent, but would provide a greater incen­ to the published price for the metal, 10:48 a. m.] tive to foreign producers of the ore. either in this country or 4n a foreign There are indications that, under market. these circumstances, some foreign ore In recent years the price of antimony has been diverted from potential Amer­ oxide has remained close to that of [Celling Price Regulation 96] ican purchasers to purchasers in other antimony metal/ but has not exhibited any fixed relationship to that price. .CPR 96—A n t im o n y M etal, A n t im o n y countries where there is a higher pub­ lished price for the metal. Time has prevented making a detailed Oxide, and Sodiu m A n tim o n a te Following the outbreak of hostilities study of the price relationships between Pursuant to the Defense Production in Korea and the inauguration of our antimony oxide and antimony metal, Act of 1950, as amended, Executive Order defense program, the price for antimony and between current and past costs of 10Í61 (15 F. R. 6105), and Economic metal in both domestic and world mar­ the ores used in producing antimony Stabilization Agency General Order No. kets began to rise sharply. From a level oxide. However, the data available to 2 (16 F. R. 738), this Ceiling Price Regu­ of about 25 cents per pound in the pre- the Office of Price Stabilization Indicate lation 96 is issued. Korea period, the price in the United that, in general, during the past three States rose to 42 cents per pound in years antimony oxide has generally sold statem ent of considerations January 1951, and ceiling prices for most at a price several cents per pound below This regulation establishes dollars and of the output (one producer using do­ that of antimony metal. The prices es­ cents ceiling prices for antimony metal, mestically produced ore now has a ceil­ tablished for antimony oxide and sodium antimony oxide, and sodium antimonate. ing price of 50 cents per pound) were antimonate are approximately 10 per­ Antimony is a strategic and critical established at that level by the General cent above the prevailing prices for metal needed in the manufacture of ma­ Ceiling Price Regulation. The price of these products under the General Ceiling terials essential to the„ defense program antimony metal in the world market, Price Regulation. They were deter­ and the civilian economy. The products however, has continued to rise and sales mined upon after taking into considera­ covered by this regulation constitute the have been «reported recently at prices tion changes in the cost of ore, the basic forms in which antimony is used as high as 60 cents per pound. relationship between the value of the in various industrial and chemical proc­ In view of the serious shortage of anti­ antimony content as related to the price esses. Antimony metal and antimony mony which now exists in the United of antimony metal, and the historic re­ oxide are produced through the refining States, it is imperative that ceiling prices lationship between their prices and that of ores and concentrates while sodium be established at a level which will en­ of antimony metal. antimonate is a chemical compound In­ courage domestic production and impor­ In general, the pricing techniques set volving operations beyond refining. tation to the fullest extent possible con­ forth in this regulation reflect the cus­ The principal use of antimony is In sistent with the objectives of the stabili­ tomary practices of the industry. Spe­ the production of antimonial lead for zation program. There is evidence that cific ceiling prices, f . o. b. point of ship­ the manufacture of automotive batter­ the world ouput of antimony ore is quite ment, are provided for carload ship­ ies, but substantial quantities are also sensitive to price trends, with a large ments of antimony metal in bulk by used in making bearing metal, type expansion of ore production during pe­ producers with customary cents per metal, and other alloys. Antimony is riods of high prices. Many of the mines pound differentials for less than car­ also important in the manufacture of in several of the important producing load shipments. Ordinarily, dealers flame proofed textiles, frits and ceramic countries are marginal and only come (persons who buy and resell) purchase enamels, paints and lacquers, and var­ into production when published prices antimony metal in carload quantities ious chemical compounds. for the metal reach high levels. Inas­ and obtain their profit by selling in In the period from 1946 to 1949, in­ much as there is no acute shortage of less than carload lots at differentials clusive, an average of about 15,290 short smelting or refining capacity, the total somewhat larger than those applicable tons of primary antimony were con­ amount of antimony metal which will be to similar sales by producers. In the sumed annually in the United States, available to the American economy is past this margin of profit has been es­ with slightly more than two-thirds of dependent almost wholly upon the tablished as a dollars and cents amount the supply coming from foreign sources. amount of the ore which foreign miners and has remained fixed irrespective of In this period, China was one of our can be persuaded to produce and sell to the fluctuations in the carload price for principal suppliers. Domestic mine out­ purchasers in the United States. antimony metal. As an example, the put of antimony was about 2,500 tons in Little data is available to determine price of carload lots of antimony metal 1946 ; 5,300 tons in 1947; 6,400 tons in with any degree of precision the ceiling on June 24, 1950 was 24^ cents per 1948; and only 1,640 tons in 1949. It is price level necessary to bring about the pound. This price during the period estimated that in 1951 domestic con­ required expansion of ore production and December 19, 1950 to January 25, 1951 sumption of primary antimony will be the exigency of the situation does not had increased to 42 cents per pound. about 17,000 tons and that about 13,000 permit such a study. After consulta­ Yet, during both periods, the dollars and tons will come from sources outside of tion with representatives of the industry cents differentials for less than carload the United States. Although some affected and interested government shipments remained the same. On the antimony in refined or semi-refined form agencies, it has been determined that a advice of a number of resellers who were is imported into the United States, most ceiling price level for antimony of 50 consulted in this matter, this regula­ °f our imports consist of antimony ore cents a pound will be adequate, on the tion establishes the dollars and cents which is processed into the products cov­ basis of existing circumstances, to pro­ premiums, which were in effect during ered by this regulation. Our principal vide an incentive for expansion of do­ the period December 19,1950 to January sources of this ore aré Mexico, Bolivia, mestic mine production and will enable 25, 1951 for less than carload lots. In and Peru. These ores are customarily refiners to pay to foreign miners of anti­ the judgment of the Director, this provi­ Purchased on long-term contracts which mony ores a price sufficient to encourage sion effectuates the purposes of Sections No. 224----- 3 11684 RULES AND REGULATIONS

402 (c ), 402 (g ), and 402 (k) of Title IV mony metal, antimony oxide, and sodium up-grading, trade understanding, or of the Defense Production Act of 1950, antimonate. otherwise. as amended. (b) Persons covered. This regulation S ec. 3. Ceiling price, f. o. b. point of The ceiling prices for antimony oxide applies to; shipment for antimony metal— (a) and sodium antimonate are set forth (1) Any person, including an importer General provisions. The ceiling price, on a delivered basis. Specific prices are or exporter, who sells the products cov­ f. o. b. point of shipment, for antimony provided for deliveries in carload quanti­ ered by this regulation; and metal is the price determined in accord­ ties with appropriate differentials, based (2) Any person who buys or réceives, ance with the provisions of this section. on location of the buyer, for less than in the regular course of trade or busi­ Paragraph (b) sets forth the ceiling carload quantities. Although some pro­ ness, any of the products covered by this ducers did not customarily sell to all regulation. price for shipments of carload quantities or more in bulk. Paragraph (c) of this points on a full delivered basis, it is be­ (c) Geographical applicability. This section sets forth the ceiling prices for lieved that the pricing structure set forth regulation applies in the forty-eight in the regulation will facilitate its ad-, States of the United States, its Terri­ less than carload quantities in bulk. A ministration and that the additional tories and Possessions, and the District premium for special packing may be freight absorption which will result will of Columbia. charged in accordance with paragraph not cause any undue hardship. So far (d) of this section. as is known, there are no resellers of S ec. 2. Prohibitions — (a) Against, (b) Ceiling prices for carload ship­ antimony oxide and sodium antimonate. transactions above ceiling prices. (1) ments. The ceiling price f. o. b. point of In the judgment of the Director of Regardless of any contract or other obli­ shipment, for shipment of a carload Price Stabilization, the provisions of gation, on and after the effective date of quantity or more of antimony metal in Ceiling Price Regulation 96 are generally this regulation no person shall sell or bulk is the price determined in accord­ fair and equitable and are necessary to deliver, or buy or receive in the regular ance with the following provisions: effectuate the purposes of Title IV of the course of trade or business, any of the (1) When the point of shipment of Defense Production Act of 1950, as products covered by this regulation, at antimony metal produced in the United amended. a price in excess of the applicable ceiling States is the producer’s plant, the ceiling So far as practicable, the Director has price set forth in this regulation. No price is the applicable price set forth in given due consideration to the national person shall offer, solicit, attempt, or Table A below. effort to achieve maximum production agree to do any of the foregoing. (2) When the point of shipment of in the furtherance of the objectives of (2) Lower prices than those set forth antimony metal produced in the United the Defense Production Act of 1950, as in this regulation may be charged, de­ States is a point other than the pro­ amended, and to relevant factors of gen­ manded, paid, or offered. ducer’s plant, the ceiling price is the eral applicability. In thé judgment of (b) Against tie-in transactions. No applicable price set forth in Table A the Director, the ceiling prices estab- person shall sell any of the products cov­ plus the lowest established railroad lisl^ed in this regulation are not below ered by this regulation on condition (I) charge, per pound, for transporting a the lower of the prices prevailing just that the buyer purchase from any person carload quantity of antimony metal before the issuance of this regulation or any product or service or (2) that the from the producer’s plant to the point of the prices prevailing during the period buyer sell to any person any product shipment. January 25, 1951, to February 24, 1951. or service. No person who buys any of (3) When the point of shipment of In formulating Ceiling Price Regula­ the products covered by this'regulation imported antimony metal is the port of tion 96, the Director consulted with in­ shall participate in any such tie-in entry into the United States, the ceiling dustry representatives, including trade transactions. price duty paid is the applicable price set association representatives, to the extent (c) Against evasion. No person shall forth in Table A. practicable under existing circum­ evade or circumvent the provisions of (4) When the point of shipment of stances, and has given full consideration this regulation by direct or indirect imported antimony metal is a point to their recommendations. methods in connection with the sale, other than the port of entry into the The provisions of Ceiling Price Regu­ purchase, delivery, or transfer of the United States, the ceiling price duty paid lation 96 and their effect upon business is the applicable price set forth in Table products covered by this regulation, A plus the lowest established railroad practices, cost practices, or means or alone or in conjunction with any other aids to distribution in the industry have charge, per pound, for transporting a product, or by way of any commission, been considered. It is believed that no carload quantity of antimony metal changes in such practices or methods service, or transportation charge or dis­ from the port of entry into the United have been effected. To the extent, how­ count, premium, or other privilege, or by States to the point of shipment. ever, that the provisions of the regula­ tion may operate to compel changes in T able A such practices or methods, such provi­ Price sions are necessary to prevent circum­ Metal containing a minimum of 99.8 percent antimony, 50.5 cents per pound of metal. no more than 0.05 percent arsenic, and no other vention or evasion of the regulation and single impurity in excess of 0.1 percent. to effectuate the policies of the act. Metal containing a minimum of 99.8 percent antimony 50.0 cents per pound of metal. REGULATORY PROVISIONS but having more than 0.05 percent arsenic or other Sec. single impurity in excess of 0.1 percent. 1. Coverage of this regulation. Metal containing at least 99 percent, but less than 99.8 50.0 cents per pound of metal. 2. Prohibitions. v percent antimony. 3. Ceiling price, f. o. b. point of shipment, All other grades of antimony metal______49.5 cents per pound of antimony for antimony metal. content. 4. Ceiling prices for antimony oxide and sodium antimonate. (c) Ceiling Prices for less than carload T able B 5. Definitions. 6. Excise, sales, and similar taxes. quantities. The ceiling price, f. o. b. Premium (cents 7. Record-keeping requirements. point of shipment, for less than carload per pound) 8. Penalties. quantities of antimony metal in bulk is Quantity 9. Petitions for amendment. Import­ the price determined in accordance with Pro­ ers and A u t h o r it y : Sections 1 to 9 Issued under ducers paragraph (b) of this section plus the dealers sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Sup. 2154. Interpret or apply Title IV, applicable premium set forth in Table B 10.000 pounds up to, but not 64 Stat. 803, as amended; 50 U. S. C. App. Sup. below. The applicable premium in Table including, a carload quantity___ 1.50 2.50 2101-2110. E. O. 10161, Sept. 9, 1950, 15 P. R. 8.000 up to 10,000 pounds . 2.00 • 3.00 B shall be determined on the basis of the 3.50 6105; 3 CFR, 1950 Supp. 2,000 up to 5,000 pounds 2.00 quantity sold at one time for shipment 1.000 up to 2.000 pounds,. 2.50 4.50 600 up to 1,000 pounds 3.50 6.00 S ection 1. Coverage of this regula­ to one destination or the quantity 300 up to 500 pounds 4.50 5.50 tion— (a) Products covered. This regu­ shipped at one time to one destination, 100 up to 300 pounds...... 5.50 6.50 Less than 100"pnnnds 8.00 10.00 lation establishes ceiling prices for anti­ whichever is larger. Saturday, Novem ber 17, 1951 FEDERAL REGISTER 11685

(d) Special packing premium. In any other organized group of persons, or 81st Cong., Pub. Law 96, 82d Cong.), Ex­ addition to the applicable price set forth legal successor or representative of any ecutive Order 10161 (15 P. R. 6105), and in paragraph (b) or (c) of this section, of the foregoing; the United States or Economic Stabilization Agency General a premium of % cent per pound may any agency thereof; or any other gov­ Order No. 2 (16 P. R. 738), this Amend­ be charged for antimony metal packed ernment or any of its political subdivi­ ment 6 to General Overriding Regulation in cases or boxes. sions or any agency of any of the 7 is hereby issued. foregoing. Sec. 4. Ceiling prices for antimony (h) “Point of shipment” means the STATEMENT OF CONSIDERATIONS oxide and sodium antimonate.— (a) Car­ point from which antimony metal, anti­ This amendment to General Overrid­ load quantities. The ceiling delivered mony oxide, or sodium antimonate is ing Regulation 7 is designed to exempt price for carload quantities of antimony loaded on a conveyance for shipment to edible molasses from price control at the oxide and sodium antimonate in bags destination. producer level. Edible molasses is a joint is the applicable price set forth in Table ' 10:49 a. m.l its Territories and Possessions, to a point prices do exceed those which might be outside thereof. considered reasonable, controls may (f) “ Importer” means a person who again be imposed. In addition, the first sells antimony metal, antimony [General Overriding Regulation 7, Amdt. 6] small quantity of edible molasses pro­ oxide, or sodium antimonate which is duced and its negligible effect on the transported, either before or after such GOR 7—E x e m p tio n of Ce rtain P ood and cost of living make the administrative sale, from a point outside the United R estaurant Com m odities burden of administering a control pro­ States, its Territories and Possessions to EDIBLE MOLASSES gram for the industfy outweigh the eco- a point inside thereof. (g) “Person” includes an individual, Pursuant to the Defense Production nor*iic advantage of controls. Especially corporation, partnership, association, or Act of 1950, as amended (Pub. Law 774, is this true for the current year when 11686 RULES AND REGULATIONS

there are inadequate standards of qual­ Effective date. This amendment is chase plans authorized by this regula­ ity for edible molasses. It is expected effective November 16, 1951. tion. Upon the basis of the data dis­ that standards will be available for fu­ closed by these reports, the Salary stabi­ ture years: Exemption of this commod­ M ichael V. D i Salle, lization Board may later find it neces­ ity from price regulation will in no way Director of Price Stabilization. sary to modify this regulation as to the defeat or impair the price stabilization N ovember 16, 1951. future. program or the objectives of the Defense In the formulation of this regulation Production Act, as amended. [F. R. Doc. 51-13884; Filed, Nov. 16» 1951; due consideration has been given to the In formulating this amendment the 10:50 a. m.] standards and procedures set forth in Director of Price Stabilization has con­ Title IV and Title VII of the Defense sulted, as far as was practicable, with Production Act, as amended; there has interested persons in the industry and been consultation with industry repre­ has given full consideration to their [General Interpretation 5] sentatives, and consideration has been recommendations. given to their recommendations. G e n . I n t . 5— S tatutory E xem ption op AMENDATORY PROVISIONS A d m issio n Charges B y S y m p h o n y O r­ REGULATORY PROVISIONS chestras, O peras and B allets Sec. General Overriding Regulation 7 is 1. Scope of this regulation. amended by adding a new section 9 to Admission charges made by symphony read as follows: orchestras, operas and ballets are ex­ PART A— STOCK OPTIONS empt from price control under section Sec. 9. Edible molasses— (a) Exemp­ 2. Restrictions upon the grant, exercise, tion. No price regulation issued by the 402 (e) (iii) of the Defense Production sale or other disposition of certain Office of Price Stabilization shall apply Act of 1950, as amended, and the corre­ stock options. to sales of edible sugar cane molasses by sponding section 14 (d) of the General 3. Stock options that may be granted with­ Ceiling Price Regulation, which exempt out approval. producers thereof. Persons making such rates charged by any person in the busi­ 4. Conditions for the granting of certain sales are subject to the record-keeping ness of operating a “ motion picture or stock options. (paragraph (b )) and reporting (para­ other theater enterprise” . 5. Certain stock options not affected. graph (c ) ) provisions of this section. 6. Date of grant of option. (b) Records. Every producer who in (Sec. 704, 64 Stat. 816, as amended; 50 U. S. G. 7. Qualified stock options not to be used to the regular course of business produces App. Sup. 2154) provide unauthorized compensation. edible sugar cane molasses shall make 8. Reports. H arold L eventhal, 9. Modification, extension or renewal of and keep for inspection by the Director stock options. of Price Stabilization for a period of Chief Counsel, two years complete and accurate records Office of Price Stabilization. PART B— -STOCK PURCHASE PLANS of each sale or purchase made after N ovember 16, 1951. 10. Restrictions upon certain stock pur­ November 16, 1951. The records must chase plans or agreements. show the date of the sale or purchase, [F. R. Doc. 51-13883; Filed, Nov. 16, 1951; 11. Stock purchase plans or agreements that the name and address of the seller and 10:49 a. m.J may be put into effect without ap­ proval. purchaser, and the price charged or paid, 12. Conditions for putting into effect certain itemized by quantity, and type. The rec­ stock purchase plans or agreements. ords must indicate whether each pur­ 13. Certain stock purchase plans or agree­ chase or sale is made on an f . o. b. ship­ Chapter IV— Salary and Wage Stabi­ ments not affected. ping or on a delivered basis, and in the lization, Economic Stabilization 14. Date of grant of the right to purchase former case the shipping and transpor­ stock. Agency 15. Qualified stock purchase plans or agree­ tation charges unless delivery is by com­ ments not to be used to provide un­ mon carrier. • Records must also show all Subchapter A— Salary Stabilization Board authorized compensation. premiums, discounts and allowances. [General Salary Stabilization Regulation 4] 16. Reports. (c) Reporting. Producers selling edi­ 17. Modification, extension, or renewal of stock purchase plans or agreements. ble sugar cane molasses shall notify the GSSR 4— Stock O ption and S tock Office of Price Stabilization, Pood and P urchase P lans A u t h o r it y : Sections 1 to 17 issued under sec. 704, 64 Stat, 816, as amended; 50 U. S. C. Restaurant Division, Washington 25, STATEMENT OF CONSIDERATIONS App. Sup. 2154. Interpret or apply Title IV, D. C., within ten days after making any 64 Stat. 803, as amended; 50 U. S. C. App. increase in prices above those in effect Stock option and stock purchase plans Sup. 2101-2110, Executive Order 10161, Sept. on November 16, 1951. The report for employees have long been an estab­ 9, 1950, 15 F. R. 6105; 3 CFR, 1950 Supp. lished corporate practice, and their should include the General Ceiling Price special status has been recognized in S ectio n 1. Scope of this regulation. Regulation price with the terms and state and federal legislation, including This regulation relates (a) to any stock conditions of sale and the new price with the Revenue Act of 1950. option granted to an employee if income the terms and conditions of sale. Through a special Panel appointed to (within the meaning of the revenue (d) Definitions. “ Edible sugar cane report to the Salary Stabilization Board, laws) or comp&isation is or may be molasses” means the liquid product ob­ hearings have been conducted at which received by the employee at the time tained when any part of the commer­ the option is granted or exercised, at the industry representatives and others con­ time of the disposition of the option, at cially crystallizable sugar is extracted cerned with stock option plans were in­ the time of the disposition of any of the, for sugar cane: Provided however, That: vited to appear. In connection with stock acquired pursuant to exercise of (1) The total sugar content shall not these hearings, various factors were pre­ the option, or at any other time; and (b) be less than 57 percent by weight; sented, both orally and in writing. In to any stock purchase plan or agreement (2) The sulpha ted ash content shall addition, the Panel conducted an in­ under which an employee is granted the not be more than 9 percent by weight; dependent study of more than 150 stock right to purchase stock if income (within (3) The soluble non-sugar solids are option and stock purchase plans and has the meaning of the revenue laws) or more than 6 percent of total soluble submitted a report embodying its find­ compensation is or may be received by solids. ings and recommendations. This regu­ the employee at the time the right is lation is based upon considerations set granted, at the time any interest in the N o te: The record-keeping and reporting stock is acquired pursuant thereto, at forth in that report and incorporates its requirements of this amendment have been the time of the disposition of any of the approved by the Bureau of the Budget in ac­ principal recommendations, adapted vto stock acquired, or at any other time. cordance with the Federal Reports Act of administrative and other requirements 1942. of the salary stabilization program. PART A— STOCK OPTIONS (Sec. 704, 64 Stat. 816, as amended; 50 Reports are required in connection Sec. 2. Restrictions upon the grant, U. S. C. App. Sup. 2154) with both stock option and stock pur­ exercise, sale or other Uisposition of Saturday, Novem ber 17, 1951 FEDERAL REGISTER 11687 certain stock options. Except as author­ this section 4, means an increase in sal­ paragraph (d), and the warranty pro­ ized by this regulation, no stock option ary or other compensation that may vided for in paragraph (e ), of section 3 within the scope of this regulation shall properly be granted an employee under of this regulation. Not later than March be granted to or received by an employee, other salary stabilization regulations 31, 1952, and quarterly thereafter, each or shall be exercised, transferred, sold, now or hereafter in effect from a fund such corporation shall file a report with pledged or otherwise disposed of, with- ' available for general or merit or length the Office of Salary Stabilization con­ out the approval of the Office of Salary of service increases in salaries or other taining such information pertinent to Stabilization. compensation to a group of which the the grant and exercise of the stock op­ employee is a member. 1 At the time the tion and in such form as the Office of Sec. 3. Stock options that may he option is granted to the employee, the Salary Stabilization may prescribe. granted without approval. A stock op­ fund available for such an increase in S ec. 9. Modification, extension or re­ tion within the scope of this regulation salaries or other compensation shall be newal of stock options. For purposes of may be granted to an employee, and may charged with an amount equal to the this regulation, each modification, ex­ be received and exercised, without the difference between 95 percent of the fair tension, or renewal of a stock option approval of the Office of Salary Stabili­ market value at such time of the stock after January 25, 1951 shall be consid­ zation if the following conditions are subject to the option and the option met: price of such stock, in the same manner ered as the grant of a new stoch*option and shall be subject to the provisions of (a) The stock option is a “restricted and subject to the same provisions and stock option” within the meaning of limitations as if the employee had re­ this regulation applicable to the grant section 130A of the Internal Revenue ceived a salary increase in such amount. of a stock option after January 25, Code; 1951. (b) The option by its terms is exer­ S ec. 5. Certain stock options not af­ PART B— STOCK PURCHASE PLANS cisable by the employee only while he is fected. Nothing in this regulation shall an employee of the corporation granting affect a stock option granted on or be­ Sec. 10. Restrictions upon certain the option or of a parent or subsidiary fore January 25, 1951 and such a stock stock purchase plans or agreements. corporation of such corporation, or option may be exercised without ap­ Except as authorized by this regulation, within three months after the date he proval by the Office of Salary Stabiliza­ no stock purchase plan or agreement ceases to be an employee of any of such tion in accordance with its terms. within the scope of this regulation under corporations; which an employee is granted the right Sec. 6. Date of grant of option. If the (c) At the time the option is granted grant of a stock option is subject to ap­ to purchase stock, at a price less than the the option price is at least 95 percent of proval by stockholders or by a govern­ fair market value of such stock at the time such right is granted or in install­ the fair market value at such time of the ment agency, the date of grant of the stock subject to the option; option shall be determined for the pur­ ments or otherwise over a period of (d) The option is granted as an poses of this regulation as if the option time, shall be put into effect without incentive and to encourage stock owner­ had not been subject to such approval. the approval of the Office of Salary Sta­ ship by the employee in the manner con­ bilization. templated by section 130 A of the Sec. 7. Qualified stock options not to he used to provide unauthorized compen­ S ec. 11. Stock purchase plans or Internal Revenue Code, and not to pro-* agreements that may he put into effect vide an increase in compensation not sation. Qualified stock options author­ ized by this regulation are authorized without approval. A stock purchase otherwise permitted by salary stabiliza­ plan or agreement within the scope of only for use as incentives and to en­ tion regulations, as evidenced by a reso­ this regulation may be put into effect courage stock ownership by employees in lution to that effect of the board of without the approval of the Office of Sal­ the manner contemplated by section directors of the corporation which ary Stabilization if all of the following granted the option; and 130A of the Internal Revenue Code and shall not be used to provide increases in conditions are met: (e) The corporation which granted (a) The right to purchase the stock is compensation not otherwise authorized the option will not claim as a cost or not transferable by the employee other­ by other salary stabilization regulations. expense under any law or regulation any wise than by will or the laws of descent The use of a qualified stock option to amount in respect of the transfer of the and distribution and is exercisable, dur­ provide such an unauthorized increase stock pursuant to exercise of the option, ing the employee’s lifetime, only by him; in compensation shall constitute a vio­ and the corporation files a warranty to (b) No share of stock which the em­ lation of the Defense Production Act, as that effect as provided in section 8. ployee has the right to purchase under amended, and salary stabilization regu­ The term “qualified stock option,” as the plan or contract, or by reason of lations issued pursuant thereto, subject used in this regulation, means a stock holding a share of stock so received, may to the penalties provided by law. In the option that may be granted without ap­ be transferred, sold, pledged or other­ event that the stock acquired upon exer­ proval pursuant to the provisions of this wise disposed of by the employee until cise of a qualified stock option is not section 3. The terms “parent corpora­ such share has been fully paid for and transferred, sold, pledged (except as col­ tion” and “subsidiary corporation” shall until the employee has the unrestricted lateral for payment of all or part of the have the meaning ascribed to such terms right to sell or otherwise dispose thereof, purchase price of stock subject to the by section 130A of the Internal Revenue free from any pledge or hypothecation of Code. option) or otherwise disposed of by the the stock as collateral for payment of employee for at least two years from the its purchase price; Sec. 4. Conditions for the granting of date the option was granted and for at certain stock options. A “restricted (c) Any dividends declared upon least six months after the option was shares of stock which the employee is stock option” within the meaning of sec­ exercised, th6re shall be a conclusive pre­ tion 130A of the Internal Revenue Code entitled to purchase shall be applied to sumption that the stock option was not the purchase price of such shares until which, at the time the option is granted, granted and received to provide an un­ such shares have been fully paid for; entitles an employee to purchase stock authorized increase in compensation. at less than 95 percent of its fair mar­ (d) During each calendar year an ket value at such time may be granted an S ec. 8. Reports. Every corporation amount at least equal to twice the differ­ fahich subsequent to January 25, 1951, employee only after prior approval by ence between (1) all dividends, dividend the Office of Salary Stabilization. An granted a stock option to any of its em­ equivalents, rights and other property ployees or which may hereafter grant application for the approval of such a paid or credited in such year upon shares such a stock option shall file a copy of Stock option may be approved by the of stock not fully paid for, and (2) the Office of Salary Stabilization only if, at the plan, if any, and of the contract pur­ interest, if any, paid by the employee suant to which the stock option was the time the option is granted, the em­ in such year upon the unpaid balance granted with the Office of Salary Sta­ of the purchase price of such shares, ployee may receive a “chargeable salary bilization within thirty days after the increase” in an amount at least equal to shall be paid by the employee or de­ date of the grant of the option or within the difference between 95 percent of the ducted from his salary and applied to fair market value at such time of the sixty days from the date of this regula­ the purchase price of such shares; stock subject to the option and the tion, whichever is the later, together, in (e) At the time the right to purchase option price of such stock. The term the case of a qualified stock option, with the stock is granted to the employee, the “chargeable salary increase”, as used in a copy of the resolution referred to in purchase price of the stock is at least 11688 RULES AND REGULATIONS

95 percent of the fair market value at time of sale and purchase for which the Sec. 17. Modification, extension, or such time of the stock; employee makes payment in full at such renewal of stock purchase plans or agree­ (f ) The right to purchase the stock is time; or ments. For purposes of this regulation, granted to the employee as an incentive (b) A stock purchase plan or agrees each modification, extension, or renewal and to encourage stock ownership by ment in effect on January 25,1951, as to of a stock purchase plan or agreement the employee and not to provide an in­ any stock which an employee had on or after January 25, 1951, shall be consid­ crease in compensation not otherwise prior to that date elected to purchase, ered as a~ new stoGk purchase plan or permitted by salary stabilization regula­ and any such employee may complete agreement and shall be subject to the tions, as evidenced by a resolution to that the purchase of such stock in accordance provisions of this regulation applicable effect of the board of directors of the with the terms of the plan or agreement. to a stock purchase plan or agreement corporation which granted the right to put into effect after January 25,1951. S ec. 14. Date of grant of the right to purchase the stock ; and" purchase stock. If the right of an em­ N ote: The record keeping and reporting (g) The corporation which granted ployee to purchase stock is granted sub­ requirements of this regulation have been the right to purchase the stock will not ject to approval by stockholders or by a approved by the Bureau of the Budget in claim as a cost or expense under any law accordance with the Federal Reports Act of government agency, the date on which or regulation any amount in respect of 1942. the right to purchase the stock is granted the transfer of the stock to the employee shall be determined for purposes of this Adopted by the Salary Stabilization under the stock purchase plan or agree­ regulation as if the right to purchase the Board on October 30, 1951. ment, and the corporation files a war­ stock had not been subject to such ap­ R aym ond B. A lle n , ranty to that effect as provided in sec­ proval. tion 16. Chairman. The term “ qualified stock purchase S ec. 15. Qualified stock purchase [F. R. Doc. 51-13873; Filed, Nov. 16, 1951; plan or agreement” , as used in this regu­ plans. or agreements not to he used to 10:13 a. m.] lation, means a stock purchase plan or provide unauthorized compensation. agreement which may be put into effect Qualified stock purchase plans and without approval pursuant to the pro­ agreements authorized by this regulation visions of this section 11. are authorized only for use as incentives Chapter VI— National Production Au­ and to encourage stock ownership by thority, Department of Commerce S ec. 12. Conditions for putting into employees and shall not be used to pro­ effect certain stock purchase plans or vide increases in compensation not [NPA Reg. 6] agreements. A stock purchase plan or otherwise permitted by the salary sta­ R eg. 6— T ransfer of Q uotas and R at­ agreement which, at the time the right bilization regulations. The use of a to purchase stock is made available to an in g s ; T ransfer of a B usiness as a qualified' stock purchase plan or agree­ G oing Concern employee, entitles the employee to pur­ ment to provide such an unauthorized chase stock at less than 95 percent of its increase in compensation shall consti­ This regulation is foundjiecessary and fair market value at such time may be tute a violation of the Defense Produc­ appropriate to promote the national de­ put into effect only after prior approval tion Act, as amended, and salary fense and is issued pursuant to the au­ by the Office of Salary Stabilization. An stabilization regulations issued pursuant thority granted by section 101 of the application for the approval of such a thereto, subject to the penalties provided Defense Production Act of 1950, as stock purchase plan or agreement may by law. In the event that the stock amended. Consultation with industry be approved by the Office of Salary acquired under a stock purchase plan or representatives, including trade associa­ Stabilization only if, at the time the agreement is not transferred, sold, tion representatives, in advance of the right to purchase the stock is granted pledged* (except as collateral for pay­ issuance of this regulation has been to the employee, the employee may re­ ment of all or part of the purchase price rendered impracticable by the fact that ceive a “chargeable salary increase” in of the stock subject to the stock pur­ this regulation applies to all' trades and an amount at least equal to the differ­ chase plan or agreement) or otherwise industries. ence between 95 percent of the fair mar­ disposed of by the employee for at least Sec. ket value at such time of the stock which two years from the date that he elected 1. What this regulation does. the employee has the right to purchase to purchase such stock, there shall be a 2. Definitions. and the purchase price of such stock conclusive presumption that the right 3. Specific provisions in orders or regula­ under the stock purchase plan or agree­ to purchase stock upder the purchase tions govern. ment. The term “chargeable salary in­ plan or agreement was not granted to* 4. Transfer of quotas prohibited in most crease”, as used in this section 12, means cases. provide an otherwise unauthorized in­ 5. Transfer of ratings and specific author­ an increase in salary or other compensa­ crease in compensation. tion that may properly be granted an izations prohibited. 6. Transfer of business as a going concern. employee under other salary stabiliza­ Seo. 16. Reports. Every corporation which subsequent to January 25, 1951 7. Request for adjustment or exception. tion regulations now or hereafter in 8. Records. effect from a fund available for general granted to any of its employees the 9. Communications. or merit or length of service increases in right to purchase stock under a stock 10. Violations. salaries or other compensation to a group purchase plan or agreement or which may hereafter grant such a right shall Au th o r ity; Sections 1 to 10 issued under of which the employee is a member. At sec. 704, 64 Stat. 816, Pub. Law 96, 82d Cong.; the time the right to purchase the stock file a copy of such plan or agreement 50 U. S. C. App. Sup. 2154. Interpret or ap­ is granted to the employee, the fund with the Office of Salary Stabilization ply sec. 101, 64 Stat. 799, Pub. Law 96, 82d available for such an increase in salaries within thirty days after the date when Cong.; 50 U. S. C. App. Sup. 2071; sec. 101, or other compensation shall be charged the right to purchase such stock was E. O. 10161, Sept. 9, 1950, 15 F. R. 6105; 3 with an amount equal to the difference granted or within sixty days from the CFR, 1950 Supp.; sec. 2, E. O. 10200, Jan. 3, between 95 percent of the fair market date of this regulation, whichever is the 1951, 16 F. R. 61; secs. 402, 405, E. O. 10281, Aug. 28, 1951, 16 F. R. 8789. value at such time of the stock which the later, together, in the case of a qualified employee has the right to purchase and stock purchase plan or agreement, with S ection 1. What this regulation does. the purchase price of such stock, in the a copy of the resolution referred to in This regulation explains when quotas, same manner and subject to the same paragraph (f), and the warranty pro­ ratings, and other privileges granted by vided for in paragraph (g), of section 11 provisions and limitations as if the em­ NPA may be transferred from one per­ of this regulation. Not later than March ployee had received a salary increase in son to another, and states the rules gov­ 31, 1952, and quarterly thereafter, each erning the transfer of a business as a Such amount. such corporation shall file a report with going concern, and the obligations con­ S ec. 13. Certain stock purchase plans the Office of Salary Stabilization con­ tinuing therewith. or agreements not affected. Nothing in taining such Information pertinent to S ec. 2. Definitions. As used in this this regulation shall affect: the stock purchase plan or agreement regulation: (a) The right of an employer to sell and its operation and in such form as (a) “Person” means any Individual, or the right of an employee to purchase the Office of Salary Stabilization may corporation, partnership, association, or stock at its fair market value at the prescribe. any other organized group of persons, Saturday, N òvem ber 17, 1951 FEDERAL REGISTER 11689 and includes any agency of the United and to set aside or allocate production R e f: NPA Reg. 6 and (the specific NPA States Government or of any other gov­ for certain purposes, and all other obli­ order or regulation providing for the ernment. gations imposed by orders, regulations, quota or privilege involved). and other action of NPA, as would have (b) “ Quota” means a quantitative S ec. 10. Violations. Any person who limit which is placed on the production applied to the former owner had no wilfully violates any provision of this or delivery bf materials or other items, transfer of such business occurred. regulation or any other order or regula­ or the acquisition or use of materials (c) Any order or regulation of NPA tion of NPA, or who wilfully conceals a or other items, by an order, regulation, or which places any restriction on the material fact or furnishes false informa­ other action of NPA. transfer of a particular material or prod­ tion in the course of operation under (c) . “Rating” means any rating foruct does not apply to a transfer which this regulation, is guilty of a crime and, use on a purchase order in accordance is part of a transfer of the ownership upon conviction, may be punished by fine with the provisions of NPA Reg. 2, as of an entire business as a going concern, or imprisonment or both. In addition, amended from time to time. and NPA approval need not be obtained administrative action may be taken (d) “NPA” means the National Pro­ for any such transfer. against any such person to suspend his duction Authority. S ec. 7. Request for adjustment or ex­ privilege of making or receiving further Sec. 3. Specific provisions in orders or ception. Any person affected by this deliveries of materials or of using facili­ regulations govern. This regulation regulation may file a request for adjust­ ties under priority or allocation control, does not apply to transfers of allotments ment or exception upon the ground that and to deprive him of further priorities made pursuant to CMP Regulation No. 1 it works an undue or exceptional hard­ assistance. or to any other case where an applicable ship upon him. Upon a request for ad­ N o te: All record-keeping requirements of order, regulation, or other action of NPA justment or exception, NPA may permit this regulation have been approved by the provides a contrary rule. the transfer of a quota, rating, special Bureau o f the Budget in accordance with the authorization, or any other privilege Federal Reports Act of 1942. Sec. 4. Transfer of quotas prohibited granted by NPA, subject to such condi­ This regulation shall take effect on in most cases. No quota may be trans­ tions as it may deem appropriate. A re­ November 5, 1951. ferred from one person to another under quest for transfer of a quota or privilege any circumstances except in connection should be filed by the person desiring to N ational P roduction with the transfer of a business as a going obtain such transfer, as a request for ex­ A u t h o r it y , concern, as provided in section 6 of this ception under the specific NPA order or By Jo h n B. OlVerson, regulation, or except with the express regulation providing for such quota or Recording Secretary. consent of NPA otherwise given. Such privilege. If the person from whom the consent may be given only by an order [F. R. Doc. 51-13877; Filed, Nov. 16, 1951; quota or privilege is to be transferred, 10:43 a. m.] or regulation of NPA, or by other official agrees to such transfer, he should for the action of NPA in writing. purpose of indicating that fact, join in Sec. 5. Transfer of ratings and specific such request. It is not expected, how­ TITLE 42— PUBLIC HEALTH authorizations prohibited. No person ever, that consent will be given by NPA may transfer to another a rating or any for the transfer of a quota or privilege Chapter I— Public Health Service, privilege granted by specific authoriza­ for any consideration in any case where Federal Security Agency tion of NPA except in connection with the principal purpose of the transaction P art 71—F oreign Q uarantine the transfer of a business as a going con­ is merely the transfer of a quota or priv­ cern, as provided in section 6 of this reg­ ilege. Each request shall be in writing, MISCELLANEOUS AMENDMENTS ulation, or except with the express con­ by letter filed in triplicate, and shall set forth all pertinent f^cts, the nature of C ross R eference: For amendments to sent of NPA otherwise given. Such con­ §§ 71.504 (c), 71.505 (b), 71.506 (b) (2), sent may be given only by an order or the relief sought, and the justification therefor. and 71.509 (e ), see Title 19, Chapter I, regulation of NPA or by other official Part 6, supra. action of NPA in writing. S ec. 8. Records, (a) Each person par­ S ec. 6. Transfer of business as a going ticipating in any transaction covered by concern, (a) Whenever a business is this regulation shall make and preserve, TITLE 43— PUBLIC LANDS: transferred as a going concern to a new for at least 3 years thereafter, accurate INTERIOR owner who continues to conduct substan­ and complete records in sufficient detail tially the same business activities in the to permit the determination, after audit, Chapter I— Bureau of Land Manage­ same plant or establishment as did the whether each such transaction complies ment, Department of the Interior former owner, the new owner has, for with the provisions of this regulation. use in that business, all the quotas and This regulation does not specify any par­ Appendjx— Public Land Orders privileges under NPA orders or regula­ ticular accounting method and does not [Public Land Order 762] require alteration of the system of rec­ tions which the former owner had for N evada use therein and the former owner no ords customarily used, provided such rec­ longer has them. The new owner may ords supply an adequate basis for audit. CORRECTING THE LAND DESCRIPTION IN PUB­ not continue to use any of such quotas Records may be retained in the form of LIC LAND ORDER NO. 712 OF APRIL 16, or privileges if he discontinues operation microfilm or other photographic copies, 1951 instead of the originals, by those persons of the business he acquired or operates By virtue of the authority vested in it for a substantially different purpose or who, at the time such microfilm or other photographic records are made, main­ the President and pursuant to Executive in a different plant or establishment; Order No. 9337 of April 24, 1943, it is tain such copies of records in the regular and he may not, without the prior writ­ ordered that the last line of the land and usual course of business. ten consent of NPA, at any time use any description in Public Land Order No. (b) All records required by this regu­ quota or privilege acquired in connec­ 712 of April 16,1951, under T. 7 S., R. 44 lation shall be made available for i n ­ tion with the transferred business for E., unsurveyed, be, and it is hereby, cor­ spection and audit by duly authorized any other part of his business. rected to read as follows: representatives of the National Produc­ (b) Whenever a business is transferred Secs. 35 and 36. tion Authority, at the usual place of as a going concern to a new owner who business where maintained. O scar L. Chapm an, continues to conduct substantially the Secretary of the Interior. same business, the new owner is subject, Sec. 9. Communications. All commu­ N ovember 9, 1951. with respect to the operation of such nications concerning this regulation business, to the same limitations, restric­ shall be addressed to the National Pro­ [F. R. Doc. 51-13757; Filed, Nov. 16, 1951; tions, obligations to accept and fill orders duction Authority, Washington 25, D. C., 8:46 a. m.] 11690 FEDERAL REGISTER

PROPOSED RULE MAKING

DEPARTMENT OF AGRICULTURE nessee, Marking Area,” and “Order Sec. Amending the Order, as Amended, Reg­ 978.5 Nashville, Tennessee Marketing Production and Marketing ulating the Handling of Milk in the Area. 978.6 Cooperative Association. Administration Nashville, Tennessee, Marketing Area,” 978.7 Producer-handler. which have been decided upon as the 978.8 Delivery period. 'l 7 CFR Part 978 1 detailed ànd appropriate means of ef­ 978.9 Fluid milk plant. [Docket No. AO 184-A8] fectuating the foregoing conclusions. 978.10 Producer. These documents shall not become effec­ 978.11 Handler. H and ling of M i l k i n N ash v ille , T e n n ., tive unless and until the requirements 978.12 Non-fluid milk plant. M arketing A rea of § 900.14 of the rules of practice and 978.13 Other source milk. . 978.14 Producer milk. d ec isio n w it h respect to proposed m ar­ procedure, as amended, governing pro­ 978.15 Base milk. k e t in g AGREEMENT AND PROPOSED ORDER ceedings to formulate marketing agree­ 978.16 Excess milk. AMENDING ORDER NOW IN EFFECT ments and orders have been met. Order directing the conduct of a ref­ MARKET ADMINISTRATOR Pursuant to the provisions of the Ag­ erendum, determination of represent­ 978.20 Designation. ricultural Marketing Agreement Act of ative period; and designation of 978.21 Powers. 1937, as ameiujed (7 U. S. C. 601 et seq.), referendum agent. Pursuant to section 978.22 Duties. and the applicable rules of practice and 8c (19) of the Agricultural Marketing REPORTS, RECORDS AND FACILITIES procedure, as amended, governing pro­ Agreement Act of 1937, as amended (7 ceedings to formulate marketing agree­ 978.30 Reports of receipts and utilization. U. S. C. 608c (191 ), it is hereby directed 978.31 Other reports. ments and marketing orders (7 CFR that a referendum be conducted among Part 900), a public hearing was con­ 978.32 Reports to cooperative assortions. the producers (as defined in the order, 978.33 Records and facilities. ducted at Nashville, Tennessee, on Au­ as amended, regulating the handling of 978.34 Retention of records. gust 23-24, 1951, pursuant to notice milk in the Nashville, Tennessee, mar­ CLASSIFICATION OF MILK thereof which was issued on August 7, keting area) who during the month of 1951, (16 F. R. 7877). September 1951, which month is hereby 978.40 Basis of classification. Üpon the basis of the evidence, intro­ determined to be the representative pe­ 978.41 Classes of utilization. duced at the hearing and the record 978.42 Responsibility of handlers and re­ riod for such referendum^were engaged classification of milk. thereof, the Assistant Administrator, in the production of milk for sale in the Production and Marketing Administra­ 978.43 Transfers. marketing area specified in the aforesaid 978.44 Computation of skim milk and but- tion, on October 10, 1951, filed with the order, as amended, to determine whether terfat in each class. Hearing Clerk, United States Depart­ such producers favor the issuance of this 978.45 Allocation of skim mflk and butter- ment of Agriculture, his recommended order amending the order, as amended, fat classified. decision in this proceeding. The notice which is a part of this decision. M IN IM U M PRICES of filing such recommended decision and J. B. McCroskey is hereby designated opportunity to file written exceptions 978.50 Basic formula price. agent of the Secretary to conduct such 978.51 Class prices. thereto was published in the F ederal referendum in accordance with the pro­ 978.52 Butterfat differentials to handlers. R egister on October 16, 1951 (16 F. R. cedure for the conduct of referenda to 10568; F. R. Doc. ffl-12395). determine, producer approval of milk DETERMINATION OF BASE Within the period reserved for excep­ marketing orders as published in the 978.60 Computation of dally average base tions, the producers’ association and F ederal R egister on August 10,1950 (15 for each producer. handlers filed exceptions to certain of F. R. 5177), such referendum to be com­ 978.61 Base rules. the findings, conclusions, and actions pleted on or before the 20th day from 978.62 Announcement of established bases. recommended by the Assistant Adminis­ the date this decision is issued. DETERMINATION OF UNIFORM PRICES TO trator. In arriving at the findings, con­ I t is hereby ordered, That all of this PRODUCERS clusions, and regulatory provisions of decision, except the attached marketing 4his decision, each of the exceptions re­ 978.70 Computation of value of milk. agreement, be published in the F ederal 978.71 Computation of uniform price. ceived was carefully and fully considered R egister. The regulatory provisions of 978.72 Computation of uniform prices for In conjunction with the record evidence said marketing agreement are identical base milk and excess milk. pertaining thereto. To the extent that with those contained in the order, as 978.73 Notification of handlers. the findings, conclusions, and actions de­ amended, and zz hereby proposed to be cided upon are at variance with the ex­ PAYMENTS further amended by the attached order 978.80 Payments to market administrator. ceptions, such exceptions are overruled. which will be published with this de­ The material issues and . the findings 978.81 Payments to producers. cision. 978.82 Butterfat differential to producers. and conclusions of the recommended de­ This decision filed at Washington, 978.83 Adjustments of accounts. cision (16 F. R. 10568; F. R. Doc. 51- 978.84 Statement to producers. 12395) are hereby approved and adopted D.

§ 978.0 Findings and determinations. authorized to exercise the powers and to milk plant to any milk distributing or The findings and determinations here­ perform the duties of the Secretary of milk manufacturing plant for the ac­ inafter set forth are supplementary and Agriculture. count of such association. in addition to the findings and determi­ nations previously made in connection § 978.3 Department of Agriculture. § 978.12 Nonfluid milk plant. “ Non­ with the issuance of the aforesaid order “ Department of Agriculture” means the fluid milk plant” means any milk manu­ and each of the previously issued amend­ United States Department of Agriculture facturing, processing, or bottling* plant ments thereto; and all of said previous or any other Federal agency as may be other than a fluid milk plant described findings and determinations are hereby authorized by act of Congress or by in § 978.9. Executive order to perform the price re­ ratified and affirmed, except insofar as § 978.13 Other source milk. “ Other such findings and determinations may be porting functions of the United States source milk” means all skim milk and in conflict with the findings and determi­ Departmènt of Agriculture. butterfat received in any form from a nations set forth herein. § 978.4 Person. “ Person” means any producer-handler or a source other than (a) Findings upon the basis of the individual, partnership, corporation, as­ producers or other handlers, except any hearing record. Pursuant to the provi­ sociation, or any other business unit. nonfluid milk product which is received sions of the Agricultural Marketing § 978.5 Nashville, Tennessee, market­ and disposed of in the same form. Agreement Act of 1937, as amended (7 ing area. “Nashville, Tennessee, market­ § 978.14 Producer milk. “Producer U. S. C. 601 et seq.), and the applicable ing area” hereinafter called the “market­ milk” %means milk produced by one or rules of practice and procedure, as ing area” means all the territory within more producers. amended, governing the formulation of Davidson County, Tennessee, including marketing agreements and marketing § 978.15 Base milk. “ Base milk” but not being limited to the cities of means milk received by a handler from a orders (7 CFR Part 900), a public hearing Nashville and Belle Meade. was held at Nashville, Tennessee, on producer during any of the delivery pe­ August 23-24, 1951, upon a proposed § 978.6 Cooperative association. “Co­ riods of March through August which is marketing agreement and certain pro­ operative association” means any coop­ not in excess of such producer’s daily posed amendments to the order, as erative marketing association of pro­ average base computed pursuant to amended, regulating the handling of ducers which the Secretary determines § 978.60 multiplied by the number of days milk in the Nashville, Tennessee, mar­ to be qualified pursuant to the provisions in such delivery period. keting area. Upon the basis of the evi­ of the act of Congress of February 18, § 978.16 Excess milk. “Excess milk” dence introduced at such hearing and 1922, as amended, known as the “ Capper- means milk received by a handler from the record thereof, it is found that: Volstead Act,” and is authorized by its a producer during-any of the delivery (1) The said order, as amended, and members to make collective sales or to periods of March through August which as hereby further amended, and all of market milk or its products for the pro­ is in excess of base milk received from the terms and conditions of said order, ducers thereof. such producer during such delivery pe­ as amended, and as hereby further § 978.7 Producer-handler. “ Produc­ riod, and shall include all milk received amended, will tend to effectuate the de­ er-handler” means any person who is during such delivery periods from a pro­ clared policy of the act; both a producer and a handler who re­ ducer for whom no daily average base (2) The parity prices of milk as de­ ceives no milk from other producers. can be computed pursuant to § 978.60. termined pursuant to section 2 of the act^are not reasonable in view of the § 978.8 Delivery period. “Delivery pe­ - MARKET ADMINISTRATOR price of feeds, available supplies of feeds riod” means a calendar month, or the § 978.20 Designation. The agency and other economic conditions which portion thereof during which the regula­ frr the administration of this subpart affect market supply of and demand for tion in this subpart are in effect. shall be a market administrator, selected milk in the marketing area, and the min­ § 978.9 Fluid milk plant.. “Fluid milk by the Secretary, who shall be entitled imum prices specified in the order, as plant” means the premises and the por­ to such compensation as may be deter­ amended, and as hereby further tions of the building and facilities used mined by, and shall be subject to re­ amended, are such prices as will reflect in the receipts and processing or packag­ moval at the discretion of, the Secretary. the aforesaid factors, insure a sufficient ing of producer milk, all, or a portion, quantity of puré and wholesome milk and § 978.21 Powers. The market admin­ of which is disposed of from such plant istrator shall have the following powers be in the public interest : and within the delivery period as Class I milk with respect to this subpart: (3) The said order, as amended, and in the marketing area; but not including (a) To administer its terms and pro­ as hereby further amended, regulates the any portion of such building or facilities visions; handling of milk in the same manner as used for receiving or processing milk or (b) To receive, investigate, and report and is applicable only to persons in the any milk product required by the appro­ to the Secretary complaints of viola­ respective classes of industrial and com­ priate health authority in the marketing tions; mercial activity specified in a marketing area to be kept physically separate from (c) To make rules and regulations to agreement upon which a hearing has the receiving and processing or packag­ effectuate its terms and provisions; and been held. ing of milk for disposition as Class I (d) To recommend amendments to milk in the marketing area. the Secretary. Order relative to handling. It is there­ § 978.10 Producer. “Producer” means fore ordered, that on and after the effec­ § 978.22 Duties. The market admin­ any person who produces milk under à tive date hereof the handling of milk in istrator shall perform all duties neces­ dairy farm inspection permit issued by sary to administer the terms and pro­ the Nashville, Tennessee, marketing area the appropriate health authority in the shall be in conformity to and in compli­ visions of this subpart, including, but marketing area, and whose milk con­ hot limited to, the following: ance with the terms and conditions of forms to the appropriate health stand­

handler (except a producer-handler), § 978.45 Allocation of skim milk and Pet Milk Co., Belleville, Wis. unless utilization in Class II milk is mu­ butterfat classified, (a) The pounds of Pet Milk Co., Coopersville, Mich. tually indicated in writing to the market Pet Milk Co., Hudson, Mich. skim milk remaining in each class after Pet Milk Co., New Glarus, Wis. administrator by both handlers on or making the following computations for Pet Milk Co., Wayland, Mich. before the 6th day after the end of the each handler for each delivery period White House Milk Co., Manitowoc, Wis. delivery period within which such trans­ shall be the pounds in such class allo­ White House Milk Co., West Bend, Wis. action occurred: Provided, That skim cated to producer milk received by such Add an amount computed by multi­ milk or butterfat so assigned to Class II handler : milk shall be limited to the amount (1) Subtract allowable shrinkage of plying the butterfat differential com­ thereof remaining in such class in the «skim milk from the total pounds of skim puted pursuant to § 978.82 by 5. (b) The price per hundredweight plant of the transferee-handler after the milk in Class II milk; subtraction of other source milk pursu­ (2) Subtract from the pounds of skim computed as follows: ant to § 978.45, and any excess of such milk remaining in each class, in series (1) Multiply by 6 the average daily skim milk or butterfat respectively shall beginning with the lowest-priced avail­ wholesale price per pound of 92-score be assigned to Class I milk. able use, the pounds of skim milk in butter in the Chicago market, as re­ ported by the Department of Agriculture (b) As Class I milk if transferred or other source milk: 4 during the delivery period; diverted in the form of any item speci­ (3) Subtract from the pounds of skim milk remaining in each class the pounds (2) Add an amount equal to 2.4 times fied in § 978.41 (a) to a producer-han­ the arithmetical average of the weekly of skim milk received from other han­ dler. prevailing price per pound of “ Twins” dlers and assigned to such class pursuant (c) As Class I milk if transferred or during the delivery period on the Wis­ diverted to a nonfluid milk plant located to § 978.43 (a) ; consin Cheese Exchange at Plymouth, less than 85 miles from the City Hall at (4) Add to the pounds of skim milk re­ Wisconsin: Provided, That if the price of maining in Class II milk the pounds of Nashville, Tennessee, by the shortest “ Twins” is not quoted on such Exchange, highway distance as determined by the skim milk subtracted pursuant to sub- the weekly prevailing price per pound of paragraph (1) of this paragraph; or if market administrator, unless (1) the “Cheddars” shall be used; and handler claims Class II milk on the basis the pounds of skim milk remaining in all (3) Divide by 7, add 30 percent there­ of a utilization mutually indicated in classes exceed the pounds of skim milk of, and then multiply by 4. writing to the market administrator by in producer milk, subtract such excess (c) The price per hundredweight both the operator of the nonfluid milk from the pounds of skim milk remaining computed as follows: plant and the handler on or before the in each class, in series beginning with Multiply by 4.0 the arithmetical aver­ 6th day after the end of the delivery the lowest-priced utilization. age of daily wholesale prices per pound period within which such transaction (b) Allocate the pounds of butterfat in of 92-score butter in the Chicago mar­ occurred, (2) the operator of the non- each class to producer milk in the same ket, as reported by the Department of fluid milk plant maintains books and manner prescribed for skim milk in Agriculture during the delivery period, records showing the utilization of all paragraph (a) of this section. add 20 percent thereof, and add to such skim milk and butterfat at such plant (c) Add the pounds of skim milk and sum 3% cents for each full V2 cent that which are made available if requested by the pounds of butterfat allocated to pro­ the arithmetical average of carlot prices the market administrator for the pur­ ducer milk in each class, respectively, as per pound of nonfat dry milk solids (not pose of verification, and (3) not less than computed pursuant to paragraphs (a) ineluding that specifically designated an equivalent amount of skim milk and and (b) of this section, and determine animal feed) spray and roller process, butterfat was actually utilized in such the percentage of butterfat in each class. f. o. b. Chicago area manufacturing plant in the use indicated in such state­ MINIMUM PRICES plants, as reported by the Department of ment; Provided, That if upon inspection Agriculture during the delivery period, of the records of such plant it is found § 978.50 Basic formula price. The is above 5 cents: Provided, That if such that an equivalent amount of skim milk basic formula price per hundredweight f. o. b. manufacturing plant prices of and butterfat was not actually used in (computed to the nearest tenth of a cent) nonfat dry milk solids are not reported such indicated use the remaining pounds to be used in determining the price for there shall be used for the purpose of shall be classified as Class I milk. Class I milk pursuant to § 978.51 shall such computation, the arithmetical aver­ (d) As Class I milk if transferred or be the highest of the prices per hundred­ age of the carlot prices of nonfat dry diverted in the form of any item speci­ weight for milk of 4.0 percent butterfat milk solids delivered at Chicago, Illinois, fied § 978.41 (a) to a nonfluid milk plant content computed pursuant to para­ as reported weekly by the Department of located 85 miles or more from the City graphs (a) , (b), or (c) of this section or Agriculture during the delivery period; Hall in Nashville, Tennessee, by the § 978.51 (b ), all for the preceding delivery and in the latter event the “ 5 cents” shall shortest highway distance as determined period. be increased by 1 cent. by the market administrator, unless in (a) To the arithmetical average of the the case of bulk fluid cream only (1) the basic (or field) prices reported to have § 978.51 Class prices. Subject to the handler claims Class II utilization, (2) been paid or to be paid per hundred­ provisions of § 978.52, the minimum prices per hundredweight to be paid by such cream is disposed of other than as weight for milk of 3.5 percent butterfat each handler for milk received at his Grade A cream under a Grade A certifi­ content received from farmers during, fluid milk plant from producers during cation or label of the handler or the the delivery period at the following the delivery period shall be as follows: health authority (s) having jurisdiction plants or places for which prices have (a) Class I milk. The price for over inspection of the handler’s plant, been reported to the market admin­ istrator or to the Department of Agricul­ Class I milk shall be the basic formula (3) the handler tags or otherwise labels price plus a differential of $1.25, plus or such cream “for manufacturing uses” ture on or before the 10th day after the end of the delivery period by the com­ minus a supply-demand adjustment and (4) the handler notifies the market computed as follows: administrator 24 hours in advance of his panies listed below: (1) Divide the total receipts of pro­ intention to make such Class H disposi­ Companies and Location ducer milk in the first and second pre­ tion. * Borden Co., Black Creek, Wis. ceding delivery periods by the total gross § 978.44 Computation of skim milk Borden Co., Greenville, Wis. volume of Class I milk (less interhandler and butterfat in each class. For each Borden Co., Mount Pleasant, Mich. transfers) for such period, multiply the delivery period, the market adminis­ Borden Co., New London, Wis. result by 100, and round to the nearest trator shall. correct for mathematical Borden Co., Orfordville, Wis. whole number. The result shall be and other obvious errors the delivery Carnation Co., Berlin, Wis. known as the “current supply-demand Period report submitted by each han­ Carnation Co., Jefferson, Wjs. relationship.” dler and compute the total pounds of Carnation CO., Chilton, Wis. (2) Compute a net deviation percent­ skim milk and butterfat, respectively, in Carnation Co., Oconomowoc, Wis. age by subtracting from the “ current Class I milk and Class II milk for such Carnation Co., Richland Center, Wis. supply-demand relationship” computed handler. Carnation Co., Sparta, Mich. pursuant to subparagraph (1) of this 11694 PROPOSED RULE MAKING

paragraph, the “ base period supply- Lakeshire-Marty Cheese Co., Carthage, DETERMINATION OF UNIFORM PRICES TO demand index” shown below: Tenn. PRODUCER Swift & Co., Lawrenceburg, Tenn. Wilson & Co., Murfreesboro, Tenn. § 978.70 ^ Computation of value of Base Delivery period for period milk. The value of producer milk re­ Delivery periods used § 978.52 Butterfat differentials to which the Class I supply- ceived during each delivery period by to compute relationship handlers. I f the weighted average but­ price is computed demand each handler shall be a sum of money index terfat test of that portion of producer milk which is classified, respectively, in computed by the market administrator by multiplying the pounds of such milk Percent any class of utilization for a handler, January...... N o vember-December... 109 pursuant to § 978.45, is more or less than in each class for the delivery period by Deoember-January_____ 111 4.0 percent, there shall be added to, or the applicable class price and adding January-February______113 together the resulting amounts: Pro­ Febmary-March...... 119 subtracted from, as the case may be, the March-April.. 132 price for such class of utilization, for vided, That if a handler, after subtract­ April-May. _ 145 ing receipts of other source milk and May-Jnne...... 147 each one-tenth of 1 percent that such J u n + J iily ___ 144 weighted average butterfat test is above receipts from other handlers, has dis­ July-August______140 posed of skim milk or butterfat in excess October______August-September_____ 128 or below, respectively, 4.0 percent, a but­ September-0 ctober..... 115 terfat differential (computed to the of the skim milk or butterfat which, on October-November_____ 109 nearest 10th of a cent), calculated for the basis of his report for the delivery each class of utilization as follows: period pursuant to § 978.30, has been (3) Determine the amount of the sup­ credited to producers as having been (a) Class I milk. Multiply by 1.3 the received from them, there shall be added ply-demand adjustment from the fol­ average daily wholesale price per pound lowing schedule: any plus amount computed by multiply­ of 92-score butter in the Chicago market, ing the pounds in each class as sub­ Adjustment as reported by the Department of Agri­ Net deviation (percentage amount tracted pursuant to paragraphs (a) (4) culture during the preceding delivery pe­ points): {cents) and (b) of § 978.45 by the applicable riod, and divide the result by 10. —24 or more______+49 class price adjusted by the butterfat dif­ — 21 or —22.______+43 (b) Class I I milk. Multiply by 1.15 ferential to handlers specified in § 978.52. — 18 or —19______+37 the average daily wholesale price per — 15 o r —16______+31 pound of 92-score butter in the Chicago § 978.71 Computation of uniform — 12 o r —13...... - +25 market, as reported by the Department price. Pox the delivery-periods of Sep­ - 9 or -1 0 ______+19 tember through February the market —6 o r —7—...... - +13 of Agriculture during the delivery period, —3 or —4______+ 7 and divide the result by 10. administrator shall compute the uniform price per hundredweight for producer — 1, 0, or +1 ______0 determination of base + 3 or + 4 ______—7 milk, on the basis of 4.0 percent butter­ + 6 o r + 7 ______-1 3 § 978.60 Computation of daily aver­ fat content, as follows: ¡+9 o r +10______—19 age base for each producer. For the (a) Combine into one total the values + 12 or+13______-2 5 months of March through August of computed pursuant to § 978.70 for all ;+15 or +16______—31 each year, subject to the rules set forth handlers who made the reports pre­ + 18 o r +19...... —37 in § 978.61, the market administrator + 21 or +22______-4 3 scribed by § 978.30 for such delivery +24 or more______- —49 shall compute a daily average base for period, except those in default of pay­ each producer as follows: ments required pursuant to § 978.80 for In case the net deviation percentage (a) Divide the total pounds of milk re­ the preceding delivery period; does not fall within the tabulated ceived by a handler (s) from such pro­ (b) Subtract if the average butterfat brackets, the adjustment amount shall ducer during the months of September content of producer milk represented by be determined by the adjacent net devia­ through February immediately preced­ the values included under paragraph (a) tion bracket which is the same as or ing by the number of days from the first of this section is greater .than 4.0 per­ nearest to the bracket used in the previ­ day of delivery by such producer during cent, or add? if such average butterfat ous month: Provided, That the Class I such months to the last day of February, content is less than 4.0 percent, an differential adjusted pursuant to this inclusive, but not less than 120 days. «mount computed as follows: Multiply subparagraph for each of the months of § 978.61 Base rules. The following the amountl&y which the average butter­ May, June and July shall not be more fat content of such milk varies from 4.0 than such adjusted differential for the rules shall apply in connection with the establishment of bases: percent by the butterfat differential immediately preceding month of April; computed pursuant to §- 978.82 and mul­ and that the Class I differential ad­ (a) A base shall apply to deliveries of milk by the producer for whose account tiply the result by the total hundred­ justed pursuant to this subparagraph for weight of such milk; each of the months of November, De­ that milk was delivered during the base forming period; (c) Add an amount representing the cember, and January shall not be less cash balance on hand in the producer than such adjusted differential for the (b) Bases may be transferred by identifying the market administrator in settlement fund, less the total amount month of October. of contingent obligations pursuant to ‘ (b) Class I I milk. The price per hun­ writing before the la$t day of any month for which such base is to be transferred §978.81 (b) (5) and § 978.83; dredweight for Class II milk shall be the (d) Divide the resulting amount by arithmetical average of the basic (or to the person named in such notice only as follows: the total hundredweight of producer field) prices reported to have been paid milk included in these computations; or to be paid per hundredweight for (1) In the event of the death, retire­ ment, or entry into military service of a and milk of 4.0 percent butterfat content re­ (e) Subtract not less than 4 cents nor ceived from farmers during the delivery producer, the entire base may be trans­ ferred to a member (s) of such producer’s more than 5 cents for the purpose of period at the following plants or places retaining in the producer-settlement for which prices have been reported to immediate family who carries on the dairy operations. fund a cash operating balance. This the market administrator or to the De­ result shall be known as the “ uniform (2) I f a base is held jointly and such partment of Agriculture on or before the price” per hundredweight for such joint holding is terminated, the entire 6th day after the end of the delivery delivery period for producer milk con­ base may be transferred to one of the taining 4.0 percent butterfat, f. o. b. period by the companies indicated below: joint holders. Compatiy and Location fluid milk plant. § 978.62 Announcement of estab­ § 978.72 Computation of uniform Cudahy Packing Co., Lafayette, Tenn. lished bases. On or before March 25, Carnation Co., Murfreesboro, Tenn. of each year* the market administrator prices for base milk and excess milk. Kraft Poods Co., Gallatin, Tenn. For each of the delivery periods of Borden Co., Fayetteville, Tenn. shall notify each producer and the han­ Swift & Co., Lebanon, Tenn. dler receiving milk from such producer March through August, the market ad­ Borden Co., Lewisburg, Tenn. the daily base established by such pro­ ministrator shall compute the uniform Kraft Foods Co., Pulaski, Tenn. ducer. prices per hundredweight for base milk Saturday, Novem ber 17, 1951 FEDERAL REGISTER 11695 and for excess milk, each of 4.0 percent ports of such handlers receipts and utili­ amount not in excess of the amount due butterfat content, as follows: zation for previous months; from such handler: Provided further, (a) Combine into one total the values (c) The uniform price(s) computed That the market administrator shall computed pursuant to § 978.70 for all pursuant to §§ 978.71 and 978.72 and the make such balance of payment to such handlers who made the reports pre­ butterfat differential computed pursu­ producers on or before the date for mak­ scribed by § 978.30 for such delivery pe­ ant to §§ 978.82; and ing payments pursuant to this paragraph riod, except those in default of payment (d) The amounts to be paid by such next following that on which such bal­ required pursuant to § 978.80 for the handler pursuant to §§ 978.80 and 978.85. ance of payment is received from such preceding delivery period; handler. PAYMENTS (b) Subtract if the average butterf at (c) In making payments to producers content of producer milk represented by § 978.80 Payments to market admin­ pursuant to paragraphs (a) and (b) of the values included under paragraph (a) istrator. (a) On or before the 25th day this section the market administrator of this section is greater than 4.0 per­ of each month each handler shall pay shall pay, on or before the 2d day prior cent, or add, if such average butterfat to the market administrator a sum of to the date payments are due to indi­ content is less than 4.0 percent, an money equal to the value of milk re­ vidual producers, to a cooperative asso­ amount computed as follows: Multiply ceived by him from producers during ciation which is authorized to collect the amount by which the average but­ the first 15 days of such month at not payment for milk of its members and terfat content of such milk varies from less than the Class II.price for the pre­ from which a request for such payment 4.0 percent by the butterfat differential ceding delivery period. has been received, a total amount equal computed pursuant to § 978.82, and (b) On or before the 12th day of each to not less than the sum of the individual multiply the result by the total hundred­ month each handler shall pay to the payments otherwise payable to such pro­ weight of such milk. market administrator an amount equal ducers pursuant to this section. (c) Add an amount representing the to such handler’s net obligation for the *§ 978.82 Butterfat differential to pro­ cash balance on hand in the producer- previous delivery period as determined ducers. If, during the delivery period, settlement fund, less the total amount of pursuant to § 978.70 less payments made any handler has received from any pro­ contingent obligations pursuant to pursuant to paragraph (a) of this sec­ ducer or cooperative association, milk § 978.81 (b) (5) and § 978.83. tion and less proper deductions author­ having an average butterfat content (d) Compute the value on a 4.0 per­ ized in writing by producers from whom other than 4.0 percent, the market ad­ such handler received milk. The market cent butterfat basis of the aggregate ministrator in making payments pre­ quantify of excess milk for all handlers administrator shall maintain a producer- scribed in § 978.81 (b ), shall add to the settlement fund in which he shall deposit included in the computation pursuant to uniform price(s) per hundredweight all payments.of handlers received pur­ paragraph (a) of this section by multi­ paid to such producer or cooperative as­ suant to this section and out of which he plying the hundredweight of such milk sociation for each one-tenth of 1 percent shall make all payments pursuant to not in excess of the total quantity of that the average butterfat content of § 978.81. Class II milk included in such computa­ such milk is above 4.0 percent not less tion by the price for Class II milk of 4.0 § 978.81 Payments to producers, (a) than, or may deduct from the uniform percent butterfat content, multiplying On or before the last day of each delivery price (s) per hundredweight for each the hundredweight of such milk in ex­ period the market administrator shall one-tenth of 1 percent that the average cess of the total hundredweight of such make payment to each producer for milk butterfat content of such milk is below Class II milk by the price for Class I received by a handler from such pro­ 4.0 percent not more than, an amount milk of 4.0 percent butterfat content ducer during the first 15 days of such computed as follows: Multiply by 1.2 the and adding together the resulting delivery period at not less than the average daily wholesale price per pound amounts; Class II price per hundredweight for the of 92-score butter in the Chicago market, (e) Divide the total value of excess preceding delivery period. as reported by the Department of Agri­ milk obtained in paragraph (d) of this (b) On or before the 15th day after culture during the delivery period, and section by the total hundredweight of the end of each delivery period the mar­ - divide the result by 10, and then adjust such milk, and adjust to the nearest cent. ket administrator shall make payment to the nearest one-tenth of a cent. The resulting figure' shall be the uniform to each producer for milk received by a § 978.83 Adjustment of accounts. price for excess milk of 4.0 percent but­ handler from such producer during the Whenever audit by the market adminis­ terfat content received from producers. delivery period at not less than the uni­ (f) Subtract the value of excess milk form price computed pursuant to § 978.71, trator of any handler’s reports, books, determined by applying the uniform if such delivery period is any of the records, or accounts discloses errors, re­ sulting in money due the market admin­ price obtained in paragraph (e) of this months of September through February, istrator from such handler, or due such section from the value of all milk ob­ or at not less than the uniform price for handler from the market administrator, tained in paragraph (c) of this section; base milk computed pursuant to § 978.72 the market administrator shall promptly (g) Divide the amount obtained in with respect to base milk received from notify such handler of any amount so paragraph (f) of this section by the such producer and at not less than the due and payment thereof shall be made total hundredweight of base milk in­ uniform price for excess milk computed on or before the next date for making cluded in these computations; pursuant to § 978.72 with" respect to ex­ payments set forth in the provisions un­ (h) Subtract not less than 4 cents nor cess milk received from such producer, der which such error occurred. more than 5 cents from the amount if such delivery period is any of the computed pursuant to paragraph (g) of months of March through August, sub­ § 978.84 Statement to producers. In this section. The resulting figure shall ject to the following adjustments: (1) making payments required by § 978.81 be the uniform price for base milk of 4.0 The butterfat differential pursuant to the market administrator shall furnish percent butterfat content received from § 978.82, (2) less payments made pur­ each producer or cooperative association producers. suant to paragraph (a) of this section, with a supporting statement in such § 978.73 Notification of handlers. On (3) less marketing service deductions form that it may be retained by the or before the 10th day after the end of pursuant to § 978.85, (4) less proper de­ producer or cooperative association each delivery period, the market admin­ ductions authorized in writing by the which shall show: - istrator shall mail to each handler, at producer, and (5) adjusted for any error (a) The delivery period and the his last known address, a \ statement in calculating payment to such individ­ identity of the handler and of the pro­ showing; ual producer for past delivery period: ducer; (a) The amount and value of his pro­ Provided, That if the market adminis­ (b) The total pounds and the average ducer milk in' each class and the totals trator has not received full payment butterfat content of milk delivered by thereof; from any handler for such delivery pe­ the producer including for the months of (b) The amount and value of any riod pursuant to § 978.80, he shall reduce March through August, the pounds of overage; and the amount necessary to uniformly per hundredweight his pay­ base milk and excess'milk; correct errors discovered by the market ments due such handler’s producers for (c) The minimum rate or rates at administrator in the verification of re- milk received by such handler by a total which payment to the producer or coop- 11696 RULES AND REGULATIONS

erative association is required under the unless within such 2-year period the EFFECTIVE TIME, SUSPENSION OR provisions of §§ 978.81 and 978.82; market administrator notifies the han­ TERMINATION (d) The amount or the rate per hun­ dler in writing that such money is due dredweight of each deduction claimed by and payable. Service of such notice shall § 978.100 Effective time. The provi­ the handler including any deduction be complete upon mailing to the han­ sions of this subpart or any amendments made pursuant to § 978.86 together with dler’s last known address, and it shall to this subpart shall become effective at a description of the respective deduc­ contain but need not be limited to the such time as the Secretary may declare tions; and following information: and shall continue in force until (e) The net amount of payment to (1) The amount of the obligation; suspended or terminated. the producer or cooperative association. (2) The month(s) during which the § 978:101 Suspension or termination. § 978.85 Expense of administration. milk, with respect to which the obliga­ The Secretary shall suspend or termi­ As his pro rata share of the expense of tion exists, was received or handled; and nate any or all of the provisions of this the administration of this subpart, each (3) If the obligation is payable to subpart, whenever he finds that it ob­ handler shall pay to the market admin­ one or more producers or to an associa­ structs or does not tend to effectuate the istrator, on or before the 15th day after tion of producers, the name of such pro­ declared policy of the act. This subpart the end of each delivery period, 4 cents ducer (s) or association of producers, or shall, in any event, terminate whenever perhundredweight or such lesser amount if the obligation is payable to the market the provisions of the act authorizing it as the Secretary may prescribe, with administrator, the account for which it cease to-be in effect. is to be paid. respect to receipts, during the delivery (b) I f a handler fails or refuses, with § 978.102 Continuing power and duty period, of (a) milk from producers (in­ of the market administrator, (a) If, cluding such handler’s own production), respect to any obligation under this sub­ part, to make available to the market upon the suspension or termination of and (b) other source milk allocated to any or all of the provisions of this sub­ Class I milk pursuant to § 978.45. Each administrator or his representatives all books and records required by this sub- part, there are any obligations arising cooperative association which is a han­ under this subpart, the final accrual or dler shall pay such pro rata expense on part to be made available, the market administrator may, within the 2-year pe­ ascertainment of which requires further only that milk of producers caused to acts by any handler, by the market ad­ be diverted by it pursuant to § 978.11 (b ). riod provided for in paragraph (a) of this section, notify the handler in writ­ ministrator, or by any other person, the § 978.86 Marketing services— (a) De­ ing of such failure or refusal. If the power and duty to perform such further ductions for marketing services. Except market administrator so notifies a han­ acts shall continue notwithstanding such as set forth in paragraph (b) of this dler, the said 2-year period with respect suspension or termination:. Provided, section, in making payments to produc­ to such obligation shall not begin to run That any such acts required to be per­ ers pursuant to § 978.81, the market ad­ until the first day of the calendar month formed by the market administrator, ministrator shall deduct an amount not following the month during which all shall, if the Secretary so directs, be per­ exceeding 6 cents per hundredweight or such books and records pertaining to formed by such other person, persons, or such lesser amount as the Secretary may such obligation are made available to agency as the Secretary may designate. prescribe, with respect to milk received the market administrator or his repre­ (b) The market administrator, or by handler (s) from producers during the sentative. such other person as the Secretary may delivery period. Such moneys shall be (c) Notwithstanding the provisions of designate shall (1) continue in such ca­ used by the market administrator to paragraphs (a) and (b) of this section, pacity until discharged by the Secretary; verify weights, samples, and tests of min? a handler’s obligation under this sub­ (2) from time to time account for all received by handlers from producers dur- part to pay money shall not be termi­ receipts and disbursements and deliver ing the delivery period and to provide nated with respect to any transaction all funds or property on hand, together such producers with market informa­ involving fraud or willful concealment with the books and records of the market tion. Such services shall be performed of a fact, material to the obligation, on administrator, or such person, to such in whole or in part by the market admin­ the part of the handler against whom the person as the Secretary shall direct; and istrator or by an agent engaged by and obligation is sought to be imposed. (3) if so directed by the Secretary exe­ responsible to him. (d) Any obligation on the part of the cute such assignments or other instru­ (b) Producers’ cooperative associa­ market administrator to pay a handler ments necessary or appropriate to vest tions. In the case of producers for any money which such handler claims in such person full title to all funds, whom a cooperative association is ac­ to be due him under the terms of this property, and claims vested in the mar­ tually performing, as determined by the subpart shall terminate 2 years after ket administrator or such person pur­ Secretary, the services set forth in para­ the end of the calendar month during suant thereto. graph (a) of this section, the market which the milk involved in the claim was § 978.103 Liquidation after suspen­ administrator shall make in lieu of the received if an underpayment is claimed, sion or termination. Upon the suspen­ deductions specified in paragraph (a) or 2 years after the end of the calendar sion or termination of any or all provi­ of this section, such deductions as are month during which the payment (in­ sions of this subpart, the market admin­ authorized by such producers and, on or cluding deduction or set-off by the mar­ istrator or such person as the Secretary before the 15th day after the end of ket administrator) was made by the may designate shall, if so directed by the each delivery period, pay over such de­ handler if a refund on such payment is Secretary, liquidate the business of the ductions to the association rendering claimed, unless such handler, within the market administrator’s office, and dis­ such services. applicable period of time, files, pursuant pose of all funds and property then in § 978.87 Termination of obligations. to section 8c (15) (AX, of the act, a pe­ his possession or under his control, to­ The provisions of this section shall ap­ tition claiming such money. gether with claims for any funds which ply to any obligation under this subpart APPLICATION OP PROVISIONS are unpaid or owing at the time of such for the payment of money irrespective suspension or termination. Any funds of when such obligation arose, except § 978.90 Producer-handlers. Sections collected pursuant to the provisions of an obligation involved in an action in­ 978.40 through 978.45, 978.50 through this subpart, over and above the amounts stituted before March 1,1950, under sec­ 978.52, 978.60 through 978.62, 978.70 necessary to meet outstanding obliga­ tion 8c (15) (A) of the act or before a through 978.73, and 978.80 through tions and the expenses necessarily in­ court. 978.86 shall not apply to a producer- curred by the market administrator or handler. (a) The obligation of any handler to such person in liquidating and distribu­ pay money required to be paid under § 978.91 Milk subject to another Fed­ ting such funds, shall be distributed to the terms of this subpart, shall, except eral order. Milk received at a fluid milk the contributing handlers and producers as provided in paragraphs (b) and (c) plant which is subject to the pricing and in an equitable manner. of this section, terminate 2 years after payment provisions of any other Fed­ the last day of the calendar month dur­ eral milk marketing agreement or order MISCELLANEOUS PROVISIONS ing which the market administrator re­ issued pursuant to the act for any fluid § 978.110 Separability of provisions. ceives the handler’s utilization report milk marketing area shall be considered I f any provision o f this subpart, or its on the milk involved in such obligations, as other source milk. application to any person or circum- Saturday, N ovem ber 17, 1951 FEDERAL REGISTER 11697 stances, is held invalid, the application manufacturer of a type certificated prod­ § 1.74-1 Requirements for the issu­ of such provision, and of the remaining uct manufactured without the benefit of ance of experimental airworthiness cer­ provisions of this subpart, to other per» a production certificate, shall present to tificates (CAA rules which apply to § 1.74 sons or circumstances shall not be af­ a representative of the Administrator a (a )). In addition to the information re­ fected thereby. properly executed Statement of Con­ quired to be submitted on application § 978.111 Agents. The Secretary may, formity, Form ACA 317. The Statement Form ACA 305, items 1 through 12, the by designation in writing, name any of­ of Conformity, Form ACA 317, shall cer­ applicant shall indicate in space 21, or ficer or employee of the United States to tify that the completed product submit­ on a separate sheet of paper: act as his agent or representative in con­ ted for type inspection or certification (a) The purpose of the experiment. nection with any of the provisions of this has been manufactured in a&cordance (b) The estimated time or number of subpart. with the current technical data approved flights required to conduct the experi­ by the Administrator except for any de­ ment. [F. R. Doc. 51-13762; Filed, Nov. 16, 1951; viations therefrom which shall be listed (c) The areas over which it is de­ 8:47 a. m.] and described on the form. The State­ sired to conduct the experiment. ment of Conformity shall be signed by (d) A three-view drawing of the air­ CIVIL AERONAUTICS BOARD the manufacturer’s Chief Engineer, or craft specifying only the external di­ some responsible technical representa­ mensions. (Three-view dimensioned [ 14 CFR Part 1 1 tive. photographs will be acceptable in lieu of the drawings. This information need § 1.30-1 Submitting application (CAA A irworthiness C ertificates. not be submitted for any “experimental” rules which apply to § 1.30). The Appli­ aircraft converted from a basic approved NOTICE OF PROPOSED RULE MAKING cation for a Production Certificate, Form type provided the external configuration Notice is hereby given that adoption of ACA 332, shall be submitted in dupli­ has not appreciably changed.) the following rules is contemplated. All cate to the appropriate regional office of interested persons who desire to submit the Civil Aeronautics Administration. § 1.76-1 Applidation for permit (CAA written data, views, or arguments for The data required in § 1.36 shall be sub­ rules which apply to § 1.76)— (a) Persons consideration by the Administrator of mitted in duplicate with the application. who may make application. The regis­ tered aircraft owner or his agent shall Civil Aeronautics in connection with the § 1.41-1 Submitting application for make application for a special flight proposed rules shall seind them to the modification (CAA rules applying to permit. Civil Aeronautics Administration, Office § 1.41). Application to amend a produc­ of Aviation Safety, Washington 25, D. C., (b) Application form. Application tion certificate shall be submitted on shall be made by completing in duplicate within 30 days after publication of this Form ACA 332, Application for Produc­ .notice in the F ederal R egister. CAA Form ACA 1779 entitled “Applica­ tion Certificate. tion and Authorization for Ferry Per­ § 1.10-1 Application for Type Cer­ Before a new type certificate or a new mit,” and submitting it to an authorized tificate (CAA rules which apply to model of an aircraft under a type cer­ CAA Aviation Safety representative. §1.10)— (a) Application for Aircraft tificate already listed will be added to a (Application forms are available at all Type Certificate, Form ACA-312.1 This production certificate, the manufacturer CAA regional and Aviation Safety Dis­ application shall be submitted in dupli­ shall submit, in duplicate, an application trict Offices and from designated CAA cate by the applicant to the appropriate with two copies of a report concerning representatives. The application form regional office of the Civil Aeronautics any special processes, not previously re­ consists of two parts: the first part is Administration. ported, which are pertinent to produc­ completed by the applicant and fur­ The application shall be accompanied tion under the new type certificate, and/ nishes a description of the aircraft, and by a three-view drawing and such pre­ or the new model of an aircraft. the proposed flight; the second part is liminary basic data as the applicant may § 1.60-1 Submitting application (CAA completed by the CAA representative, have available. rules which apply to § 1.60) — (a) Per­ and is the authority to conduct the flight. (b) Application for an Engine Type sons eligible to make application. The This part shall be prepared to contain Certificate, Form ACA-312.1 This ap­ registered aircraft owner or his agent the conditions and limitations under plication shall be submitted in dupli­ shall make application for a Certificate which the flight is to be conducted.) cate, together with preliminary technical of Airworthiness. (The word “regis­ data as required by Part 13 of this sub­ § 1.108-1 Identification marks for tered” as used in the above sentence shall chapter, to the Aircraft Division, Civil nonconventional aircraft (CAA rules be interpreted to mean the person listed Aeronautics Administration, Washing­ which apply to § 1.108)— (a) Purpose. on the official CAA register as the owner ton 25, D. C. The purpose of this section is to prescribe of the aircraft. Regulations of the Ad­ (c) Application for a Propeller Type the procedure for displaying identifica­ ministrator, Part 501 of this title, sets Certificate, Form ACA-312.1 This ap­ tion marks on nonconventional aircraft. forth the rules and procedures concern­ plication, together with Form ACA-335, For the purpose of prescribing identifi­ ing aircraft registration certificates.) Propeller Supplement to Application for cation marks, an aircraft is considered to (b) Application form. Application be nonconventional when it is impossible Type Certificate, ACA-312, shall be sub­ for an airworthiness certificate shall be to display the identification marks in mitted in duplicate to the Aircraft Divi­ made by completing Items 1 through 12 sion, Civil Aeronautics Administration, accordance with the applicable rules pre­ of Form ACA 305, Application for Air­ scribed in §§ 1.101 through 1.107. Washington 25, D. C. worthiness Certificate and/or Annual The Form ACA-335 shall contain a de­ (b) Procedure. The owner of the air­ Inspection of an Aircraft, original copy scription of the design features, the pro­ craft shall submit to the local CAA rep­ only, and submitting it to the local CAA posed rating, and intended application resentative a dimensioned three view Aviation Safety field representative. of the propeller. drawing, or dimensioned photographs of (Application forms, Form ACA 305, the aircraft, including a statement set­ The preliminary data as required in are available from all CAA regional and Part 14 of this chapter, and the appli­ ting forth the reason why it is not pos­ district offices, Designated Manufactur­ sible to identify the aircraft in accord­ cation forms shall be submitted prior to ing Inspection Representatives, and starting any portion of the uflficial type ance with the standard requirements. If Designated Aircraft Maintenance In ­ test. spectors.) the owner desires to include a proposed § 1.20-1 Statement of conformity method of marking, it too will be consid­ § 1.65-1 Display of airworthiness cer­ ered. Such proposal shall take into con­ (CAA rules which apply to § 1.20). The tificate (CAA rules which apply to manufacturer of any prototype product sideration, as near as possible, the stand­ § 1.65). The airworthiness certificate ard identification marking procedure set presented for type certification, or the shall be displayed (air carrier aircraft forth in §§ 1.101 through 1.107. being maintained under an approved 1 The application, Form ACA-312, serves as continuous maintenance system ex­ This information shall be submitted a formal request by the applicant and shall be submitted for each new model eligible for cluded) at the cabin or cockpit entrance to the local CAA representative as far approval under the terms of a type certifi­ in such a manner that it is legible from in advance of the anticipated flight date cate. outside the aircraft. as possible, since the CAA representative 11698 PROPOSED RULE MAKING must forward the information to the 2 Ammonia, aromatic spirits, 2 co. with (c) No. 3 kit for aircraft of 25-up Washington office for final decision. drinking cups (4 each per unit). passengers. 3 2 " Bandage compresses (4 per u n it). [ seal] F. B. L ee, 3 4 " Bandage compresses (1 per u n it). 4 Adhesive bandage compresses, 1 " (16 per Acting Administrator of 3 Triangular bandage compressed, 40" (1 per unit). Civil Aeronautics. unit). 2 Antiseptic swabs, 10 mm. (10 per unit). 2 Burn compound, % oz. (6 per unit). 2 Ammonia Inhalants, 6 mm. (10 per unit). [F. R. Doc. 51-13753; Piled, Nov. 16, 1951; 1 Tourniquet, forceps, scissors (1 each per 2 Ammonia, aromatic spirits, 2 cc. with 8:45 a. m.] double unit container). drinking cups (4 each per u n it). 1 Eye dressing packet (3 each per unit) 3 2 " Bandage compresses (4 per unit). (ophthalmic ointment, y8 oz.; eye pads; 3 4 " Bandage compresses (1 per unit). eye strips). 3 Triangular bandage compressed, 40" (1 per unit). [ 14 CFR Part 41 1 [ seal] F. B. L ee, 2 Burn compound, y8 oz. (6 per unit). 1 Tourniquet, forceps, scissors (1 each per C ertification and O peration R ules for Acting Administrator of Civil Aeronautics. double unit container). S cheduled A ir Carriers O perating 1 Eye dressing packet (3 each per unit) O utside the C o ntinental L im it s of [F. R. Doc. 51-13754; Filed, Nov. 16, 1951; (ophthalmic ointment, y8 oz.; eye pads; the U nited S tates 8:45 a. m.] eye strips).

NOTICE OF PROPOSED RULE MAKING [ seal] F. B. L ee, Notice is hereby given that adoption Acting Administrator of of the following rules is contemplated. [ 14 CFR Part 42 ] Civil Aeronautics. All interested persons who desire to sub­ I rregular A ir Carrier and O ff-R oute [F. R. Doc. 51-13755; Filed, Nov. 16, 1951; mit comments and suggestions for con­ 8:45 a. m.] R ules sideration by tHS* Administrator of Civil Aeronautics in connection with the pro­ NOTICE OF PROPOSED. RULE MAKING posed rules shall send them to the Civil Notice is hereby given that the Admin­ Aeronautics Administration, Office of [ 14 CFR Part 61 1 Aviation Safety, Washington 25, D. C., istrator contemplates amending § 42.24- within 30 days after publication of this 2, published in 14 F. R. 7034 dated S cheduled A ir Carrier R ules notice in the F ederal R egister. November 22,1949 to read in the manner indicated hereinafter. All interested NOTICE OF PROPOSED RULE MAKING § 41.23-2 First-aid kits ( CAA rules persons who desire to submit written which apply to § 41.23)., The first-aid data, views, or arguments for considera­ Notice is hereby given that adoption equipment for air carrier aircraft as tion by the Administrator of Civil Aero­ of the following rules is contemplated. listed herein will meet the minimum re­ nautics in connection with the proposed ’¡¿Zl interested persons who desire to sub­ quirements set forth in § 41.23. The kits amendment shall send them to the Civil mit comments and suggestions for con­ should be dust and moisture-proof. Also, Aeronautics Administration, Office of sideration by the Administrator of Civil all materials should meet Federal Speci­ Aviation Safety, Washington 25, D. C., Aeronautics in connection with the pro­ fications GGK 391, as revised. Each kit within 30 days after publication of this posed rules shall send them to the Civil Aeronautics Administration, Office of shall include at least the items listed. notice in the F ederal R egister. (a) No. 1 kit for aircraft of 1-5 pas- Aviation Safety, Washington 25, D. C., sengers. § 42.24-2 First-aid kits (CAA rules within 30 days after publication of this which apply to § 42.24). The first-aid notice in the F ederal R egister. 1 Adhesive bandage compresses, 1 " (16 per equipment for air carrier aircraft as unit). listed herein will meet the minimum re­ § 61.61-1 First-aid kits (CAA rules 1 Antiseptic swabs, 10 mm. (10 per unit). which apply to % 61.61). The first-aid 1 Ammonia inhalants, 6 mm. (10 per u n it). quirements set forth in § 42.24. The kits should be dust and moisture-'proof. equipment for air carrier aircraft as 1 Ammonia, aromatic spirits, 2 cc. with drink­ listed herein will meet the minimum re­ ing cups (4 each per unit). Also, all materials should meet Federal 1 2 " Bandage compresses (4 per unit). Specifications GGK 391, as revised. quirements set forth in § 61.61. The 1 4 " Bandage compress ( 1 per unit). Each kit shall include at least the items kits should be dust and moisture-proof. 1 Triangular bandage compressed, 40" (l.per listed. Also, all materials should meet Federal u n it). Specifications GGK 391, as revised. 1 Burn compound, % oz. (6 per unit). (a) No. 1 kit for aircraft of 1-5 pas­ sengers. Each kit shall include at least the items 1 Tourniquet, forceps, and scissors (1 each listed. per double unit container). 1 Adhesives bandage compresses, 1" (16 per (a) No. 1 kit for aircraft of 1-5 pas­ u n it). sengers. (b) No. 2 kit for aircraft of 5-25 pas- 1 Antiseptic swabs, 10 mm. (10 per unit). sengers.* 1 Ammonia inhalants, 6 mm. (10 per unit). 1 Adhesive bandage compresses, 1 " (16 per 2 Adhesive bandage compresses, 1 " (16 per 1 Ammonia, aromatic spirits, 2 cc with U nit). unit). drinking cups (4 each per unit). 1 Antiseptic swabs, 10 mm. (10 per unit). 2 Antiseptic swabs, 10 mm. (10 per unit). 1 2 " Bandage compresses (4 per unit). 1 Ammonia inhalants, 6 mm. (10 per unit). 1 Ammonia Inhalants, 6 mm. (10 per unit) . 1 4 " Bandage compresp (1 per unit). 1 Ammonia, aromatic spirits, 2 cc with drink­ 2 Ammonia, aromatic spirits, 2 cc. with drink­ 1 Triangular bandage compressed, 40" (1 per ing cups (4 each per u n it). ing cups (4 each per unit). unit). 1 2 " Bandage compresses (4 per unit). 2 2 " Bandage compresses (4 per unit). 1 Burn compound, % oz. (6 per unit). 1 4 " Bandage compress (1 per unit). 2 4 " Bandage compresses (1 per unit). 1 Tourniquet, forceps and scissors (1 each 1 Triangular bandage compressed, 40" (1 per 1 Triangular bandage compressed, 40" (1 per per double unit container). u n it). unit). 1 Burn compound, % oz. (6 per u n it). (b) No. 2 kit for aircraft of 5-25 pas­ 1 Tourniquet, forceps and scissors (1 each 1 Burn compound, % oz. (6 per unit). sengers.1 1 Tourniquet, forceps, and scissors (1 each per double unit container). per double unit container). 2 Adhesive bandage compresses, 1 " (16 per (b) No. 2 kit for aircraft of 5-25 u n it). 1 Eye dressing packet (3 each per unit) passengers.* (ophthalmic ointment, % oz.; eye pads; 2 Antiseptic swabs, 10 mm. (10 per unit). eye strips). 1 Ammonia inhalants, 6 mm. (10 per unit). 2 Adhesive bandage compresses, 1 " (16 per 2 Ammonia, aromatic spirits, 2 cc with drink­ u n it). (c) No. 3 kit for aircraft of 25-up ing cups (4 each per unit). 2 Antiseptic swabs, 10 mm. (10 per unit). passengers. 2 2 " Bandage compresses (4 per unit). 1 Ammonia inhalants, 6 mm. (10 per unit). 2 4 " Bandage compresses (1 per unit). 2 Ammonia, aromatic spirits, 2 cc with 4 Adhesive bandage compresses, 1 " (16 per 1 Triangular bandage compressed, 40" (1 per drinking cups (4 each per unit). u n it). u n it). 2 2 " Bandage compresses (4 per unit). 2 Antiseptic swabs, 10 mm. (10 per unit). 1 Burn compound, % oz. (6 per unit). 2 4 " Bandage compresses (1 per unit). 2 Ammonia inhalants, 6 mm. (10 per unit). 1 Tourniquet, forceps and scissors (1 each per 1 Triangular bandage compressed, 40" (1 Per double unit container). unit). 1 Eye dressing packet (3 each per unit), 1 Burn compound, y8 oz. (6 per unit). 1 Kit No. 2 in canvas can also be used fear (ophthalmic ointment, ya oz.; eye pads; 1 Tourniquet, forceps and scissors'(1 each life rafts. eye strips). per double unit container). Saturday, November 17, 1951 FEDERAL REGISTER 11699

1 Eye dressing packet (3 each per unit) 3 Triangular bandage compressed, 40" (1 per (ophthalmic ointment, yB oz.; eye pads; u n it). ECONOMIC STABILIZATION eye strips). 2 Burn compound, % oz. (6 per unit). AGENCY 1 Tourniquet, forceps, scissors (1 each per (c) No. 3 kit for aircraft of 25-up double unit container). Office of Price Stabilization passengers. 1 Eye dressing packet (3 each per unit) [Ceiling Price Regulation 7, Section 43, 4 Adhesive bandage compresses, 1 " (16 per (ophthalmic ointment, % oz.; eye pads; Special Order 323, Arndt. 1] u n it). eye strips). 2 Antiseptic swabs, 10 mm. (10 per unit), [ seal] P. B. L ee, F rank Sm ith Silver C o. 2 Ammonia inhalants, 6 mm. (10 per unit). 2 Ammonia, aromatic spirits, 2 cc. with Acting Administrator of CEILING PRICES AT RETAIL Civil Aeronautics. drinking cups (4 each per unit). Statement of considerations. The ac­ 3 2" Bandage compresses (4 per unit). [P. R. Doc. 51-13756; Piled, Nov. 16, 195*5 3 4" Bandage compresses (1 per unit). companying amendment to Special Or­ 8:45 a. m.] der 323 under section 43 of Ceiling Price Regulation 7 modifies those provisions relating to preticketing usually required by orders of this type. This amendment, designed to meet the particular require­ NOTICES ments of the silverware industry, accom­ plishes the objective of notifying con­ sumers of the uniform prices fixed under DEPARTMENT OF THE TREASURY vited to attend this public hearing. It the order. will be appreciated if interested persons Amendatory provisions. 1. Delete par­ United States Coast Guard or parties will inform the Commander, agraph 9 of the special order and sub­ [CGFR 51-53] 8th Coast Guard District, Customs stitute therefor the following: P ilot R ules for M obile R iver and House, New Orleans, Louisiana, or the 9. On and after December 10, 1951, M obile H arbor Officer in Charge, Marine Inspection, Frank Smith Silver Company must fur­ U. S. Coast Guard, Mobile, Alabama, NOTICE OF HEARING nish each purchaser for resale to whom whether or not they will attend or have within two months immediately prior to 1. In response to a petition received a representative present, stating name the effective date of the special order from interested persons dealing with and position in their organization (if the manufacturer had delivered any ar­ commerce in the Port of Mobile, Ala­ any), and if time is desired to present ticle covered by paragraph 1 of this spe­ bama, and the Mobile River, requesting comments orally. Briefs or written com­ cial order, with a sign 8 inches wide and extension of the Inland Pilot Rules from ments will be welcomed from those pres­ 10 inches high, a price book, and a sup­ the mouth of the Mobile River to ply of tags and stickers. The sign must ent at this hearing or from those unable Cochrane Bridge, the Commander, 8th contain the following legend: to attend. Coast Guard District, United States The retail ceiling prices for Frank Smith Coast Guard, will hold a public hearing Dated: November 9, 1951. Silver Company, silverware have been ap­ at 10:00 a. m. (c. s. t.), on Tuesday, De­ proved by OPS and are shown in a price [ seal] M erlin O ’N e il l , cember 11, 1951, in the Assembly Room, book we have available for your inspection. *■ Vice Adm., U. S. Coast Guard, The price book must contain an accu­ Mobile Chamber of Commerce, 31 North Commandant. Royal Street, Mobile, Alabama, for the rate description of each article covered purpose of receiving comments on and [F. R. Doc. 51-13805; Filed, Nov. 16, 1951; by paragraph 1 of this special order and discussing matters pertaining to the Pilot 8:51 a. m.] the retail ceiling price fixed for each ar­ Rules for the Mobile River and Mobile ticle. The front cover of the price book must contain the following legend: Harbor and over which the Coast Guard has jurisdiction. CIVIL AERONAUTICS BOARD The retail ceiling prices in this Frank Smith Silver Company price book have been > [Docket No. 4082] 2. The application of the various Pilot approved by OPS under section 43, CPR 7. Rules is set forth in the statutory provi­ E. W. W iggins A ir w a y s , I no. sions in 33 U. S. C. 154 which describes The tags and stickers must be in the following form: where the navigation rules for harbors, NOTICE OF HEARING rivers, and inland waters generally apply, Frank Smith Silver Company In the matter of the compensation for OPS—Sec. 43—CPR 7 and in 33 U. S. C. 301 which describes Price $______where the navigation rules for the Red the transportation of mail by aircraft, 9 River of the North and rivers emptying the facilities used and useful therefor, Upon issuance of any amendment to into the Gulf of Mexico and tributaries and the services connected therewith of this special order which either adds an apply. The statutory rules, as well as E. W- Wiggins Airways, Inc., over its en­ article to those already listed in the man­ tire system.' ufacturer’s application or changes the regulations promulgated thereunder, are retail ceiling price of a listed article, contained in the Coast Guard pamphlet Notice is hereby given, pursuant to the provisions of the Civil Aeronautics Act the applicant named in this special order entitled “Rules to Prevent Collisions of must within 30 days after the effective Vessels and Pilot Rules for Certain Inland of 1938, as amended, that hearing on the date of the amendment, as to each such Waters of the Atlantic and Pacific Coasts Order to Show Cause, E-5768, in the article, send an insertion stating the re­ and of the Coast of the Gulf of Mexico,” above-entitled proceeding is assigned to quired addition or change for the price CG 169, and “Pilot Rules for Western be held on November 16, 1951 at 11:00 book described above. Rivers,” CG 184, respectively. a. m. (e. s.'t.) in Room 5040, Commerce 2. Delete paragraph 5 of the special 3. The following subjects will be con­ Building, between Fourteenth and F if-, order and substitute therefor the follow­ sidered at this hearing: teenth Streets on Constitution Avenue ing: (a) Pilot Rules for the Mobile River NW., Washington, D. C., before Exami­ 5. Prior to January 8, 1952, unless the and Harbor. ner Barron Fredricks. retailer has received the sign described (b) Whether or not the proposed ex­ Dated at Washington, D. C., November in paragraph 9 and has it displayed so- tension of the Inland Pilot Rules from 14, 1951. that it may be easily seen and a copy the mouth of Mobile River to Cochrane of the price book described in paragraph By the Civil Aeronautics Board. Bridge is in the interest of safe naviga­ 9 available for immediate inspection, the retailer shall comply with the marking, tion. [ seal] M. C. M u llig a n , Secretary. tagging and posting provisions of the 4. All persons interested in the appli­ regulation which would apply in the cation of the various Pilot Rules for the [F. R. Doc. 51-13788; Filed, Nov. 16, 1951s absence of this special order. On and Mobile River and Mobile Harbor are in- 8:51 a. m.] after January 8, 1952, no retailer may No. 224- -5 11700 NOTICES

offer or sell any article covered by this level of Ceiling Prices under Ceiling Price Heirloom Sterling (Flatware)—Continued

order unless he has the sign described Regulation 7. Therefore, this amend­ DAMASK ROSE, MANISON HOUSE, LASTING SPRING—COn. in paragraph 9 displayed so that it may ment establishes increased retail ceiling be easily seen and a copy of the price prices for articled covered by Special (Column 1) (Column 2) book described in paragraph 9 available Order 427. for immediate inspection. In addition, This amendment also adds new price Retailer’s ceiling price for articles listed in the retailer must affix to each article lines to those for which ceiling prices at column 1 covered by the order and which is offered retail were established by the special Style or lot number or otber for sale on open display (except in show order. ’ description In quantities of— windows or decorative displays) a tag or The ceiling prices at retail established sticker described above. The tag or by the special order, which were not 1 8 i 12 sticker must contain the retail ceiling listed in the special order, as well as the price established by this special order for ceiling prices at wholesale of the articles Teaspoon, heavy...... $2.71 $21.67 $32.50 Pickle fork___ "...... the article to which it is affixed. established by this amendment, are listed Batter spreader, flat...... } 3.13 25.00 37.50 After 60 days from the effective date in relation to the manufacturer’s de­ Butter Spreader, H H Iced teaspoon...... } 3.75 30.00 45.00 of any amendment which either adds ah. scription of each article. Cream soup spoon...... 1 article to those already listed in the Amendatory provisions. Special Or­ Dessert knife,"HH...... manufacturer’s application or changes der 427 under Ceiling Price Regulation Salad fork, Individual...... \ 4.17 33.33 50.00 the retail ceiling price of a listed article, 7, section 43, is amended in the following ) • \ •' no retailer may offer or sell the article, respects : 4.17 33.36 60.04 Sugar spoon______unless he has received the insertion de­ 1. Delete paragraph 1 and substitute Butter knife______} 4.37 35.00 52.50 scribed in paragraph 9 and inserted it therefor the following: Dinner knife, N H ...... ) in the price book. Prior to the expira­ Dessert spoon...... 1. Ceiling prices, (a) The articles cov­Letter opener...... | 4.58 36.67 55.00 tion of the 60-day period, unless the re­ ered by this special order are sterling and Sugar tongs....’______tailer has received and placed the inser­ Dessert fork______i s i plated silver flatware and hollowware Cheese server, N H ...... 4.79 38.33 57.50 tion in the price book, the retailer shall having the brand names “Heirloom Ster­ Cream ladle 5,00 40.00 60.00 comply with the marking, tagging, and Dinner fork...... 5.63 45.00 67.50 ling” and “ 1881 (R ) Rogers (R )” man­ Pie knife, N H 7.08 56.67 85.00 posting provisions of the regulation ufactured by Oneida Ltd., Oneida, N. Y., Table spoon...... Serving spoon______which would apply in the absence of this and described in the manufacturer’s ap­ | 7.50 60.00 90.00 special order. plication dated April 24, 1951, as supple­ Cold meat fork______< 8.33 66.64 99.96 Effective date. This amendment shall mented and amended by the manufac­ 2-piece steak set, H H 5-inch.. 13.75 110.00 165.00 become effective November 9,1951. turer’s application dated September 11, 2- piece game set, H H 7-inch.. 17.92 143.36 215.04 1951. Sales may be made, of course, at 6-piece place setting, dessert: M ichael V. D i Salle, (With flat butter spreader). 22.92 183.36 275.04 less than the ceiling prices. The manu­ 282.48 Director of Price Stabilization. (W ith HH butter spreader). 23.54 188.32 facturer sells the articles listed below at 6-piece place setting, dinner: (With flat butter spreader). 24.37 194.96 292.44 N ovember 9, 1951. terms of 1/30, Net 60. (W ith HH butter spreader). 25.00 200.00 300.00 3- piece game set, H H 7-inch... 26.87 214.96 322.44 [P. R. Doc. 51-13707; Piled, Nov. 9, 1951; Heirloom Sterling (Flatware) 4:46 p. m.] STANTON HALL H eirloom Sterling (H ollowware)

(Column 1) (Column 2) (Column 1) (Column 2) [Ceiling Price Regulation 7, Section 43, Retailer’s ceiling price Retailer’s Special Order 427, Amdt. 2] for articles listed in column 1 ceiling pi ice Style or lot number or other Style or lot number or other description for articles O neida L td. listed in description In quantities of— column 1 ceiling prices at retail and wholesale 1 8 12 Statement of considerations. Special Low candlestick______$6.88 Order 427, issued under section 43 of Low compote...... 12.50 14.58 Ceiling Price Regulation 7, established A D coffee spoon______$2.08 $16.67 $25.00 Mayonnaise bowl______Oyster or cocktail fork...... 2.71 21.67 32.50 Bon bon basket...... 1 ceiling prices at retail for sterling and Teaspoon, heavy High compote______}• 15.63 plated flatware and hollowware having Lemon fork______} 8.33 26.67 40.00 Salt and pepper shakers (pair)...... Pickle fork______19.58 the brand names “ Heirloom Sterling” , Butter spreader, flat } 3.75 30.00 45.00 3 light low candelabra...... 26.46 “Community”, “Tudor Plate” , “ 1881 (R) Butter spreaderi H H ______4.17 33.33 60.00 Cream soup spoon ___ Rogers (R )” , “ (O) (C) (L ) Oneida Com­ Iced-tea spoon...... } 4.58 36.67 55.00 Heirloom Sterling (Accessories) munity, Ltd.” manufactured by Oneida Dessert knife, HH Ltd. Salad fork, individual J 4.79 38.33 57.50 Sugar spoon...... 1 (Column 1) (Column 2) Ceiling prices at wholesale for certain Butter knife ...... ) 5.00 40.00 60.00 of its articles were requested by Oneida Jelly server...... R etailer’ s ceiling Dinner knife, H H . 1 price for articles Ltd., in its application dated September Dessert spoon______Style or lot number or other listed in column 1 12, 1951, and upon examination, it ap­ Letter opener, H H ...... f 5.42 43.33 65.0Ô description Cheese server', H H pears that those prices may be estab­ Suear tongs__’_. Each Dozen lished under section 43 of Ceiling Price Cream ladle...... 5.83 46.67 70.00 Dessert fork ...... 6.04 48.33 72.50 Regulation 7. Therefore, this amend­ Dinner fork _ Empty Kenized flannel rolls: ment establishes ceiling prices for sales } 7.60 60.00 90.00 Nos. 656,666 $0.15 $1.76 Pie knife, H H ...... 1.84 Table spoon...... 8.33 66.67 100.00 Nos. 659,652 __ .. .. _____ .15 at wholesale of plated silver flatware and .17 2.04 Serving spoon...... 1 No. 654...... 2.11 hollowware having the brand names Gravy ladle...... f 9.17 73.33 110.00 No. 669...... 18 No. 650. .______.21 2.46 “ Community” , “Tudor Plate”, and “ (O) Cold meat fork______i 2.65 2-piece steak set, H H 5-inch ’ 16.67 133.36 200.04 No. 665 .22 (C) (L) Oneida Community, Ltd. No. 655 . __ .23 — 2.81 2- piece game set, HH 7-inch.. 20.83 166.64 249.96 3.79 In addition Oneida Ltd. filed an appli­ 6-piece place setting, dessert: No. 660 .32 No. 662 .38 4.56 cation stating that its ceiling prices had (W ith flat butter spreader). 27.29 218.32 327.48 484 (W ith H H butter spreader). 27.71 221.68 332.52 No. 657...... 40 been increased under Ceiling Price Regu­ No. 653...... 48 6.70 3- piece game set, H H 7 inch.. 29.17 233.36 350.04 5.81 6-piece Place Setting, Dinner: No. 663 . ___ .48 lation 22 and requesting that the retail No. 661 .61 6.16 (With flat butter spreader). 29.37 234.96 352.44 6.93 ceiling prices established by Special Or­ (With H H butter spreader). 29.79 238.32 357.48 No. 651 ...... 58 der 427 be increased. It appears that No. 667______.61 7.30 No. 664...... 62 7.49 7.72 under Ceiling Price Regulation 22 the DAMASK ROSE, MANISON HOUSE, LASTING SPRING No. 658 ______.64 applicant may legally sell at the in­ No. 668...... 73 8.77 8.50 102.00 creased prices stated in its application 10.76 129.00 A D coffee spoon...... $1.67 $13.33 $20.00 Empty chest No. 902 ...... Empty chest No. 698 .. .. 16.00 192.00 dated September 12, 1951. It further Babv SDOon, straight . ______860.00 Baby fork...... ".______} 2.08 16.67 25.00 Empty chest No. 697 .. ___ 80.00 appears that the requested increased re­ Empty chest No. 695 _ r 45.00 640.00 tail ceiling prices are in line with the Lemon fork...... } 2.50 20.00 30.00 Saturday, Novem ber 17, 1951 FEDERAL REGISTER 11701

1881 (E) E ogers (E) (Flatware) 1881 (R) Rogers (R) (A ccesssories) ware having the brand names “Commu­ BROOEWOOD, PLANTATION, CAPRI, DELMAR, SURF CLUB nity” , “ Tudor Plate” , and “ (O) (C) (L) (Column 1) (Column 2) Oneida Community, Ltd.” manufactured 'Column 1) (Column 2) Retailer’s by Oneida Ltd. No seller at retail may Eetailer’s ceiling price ceiling price sell any article covered by the special for articles listed in Style or lot number or other description for articles column 1 listed in order at a price higher than the ceiling Style or lot number or other column 1 price at retail listed below. description In quantities of— On and after the date of receipt of a Empty Chest No. 405...... „ ...... _ $8.00 1 8 12 Empty Chests Nos. 403,404,622, and 629- 10.00 copy of this special order, but in no event Empty chests Nos. 402 and 626___ 16.00 later than 60 days from the effective date Empty chest No. 400______50.00 Teaspoon, heavy______of this special order, no seller at whole­ S o’clock teaspoon______t. • $0.42 $3.33 $5.00 sale may offer or sell any article covered AD coffee spoon...... (b) The following ceiling prices are es­ by this special order at a price higher Feeding spoon______.75 Straight Educator spoon...... 4.00 9.00 tablished for sales after the effective date than the ceiling price at wholesale es­ Dessert fork______Salad fork, individual...... of this special order by any seller at re­ tablished by this special order. Sales Cream soup spoon______tail and any seller at wholesale of silver may be made, of course, at less than the Butter spreader, flat...... Dinner fork______and plated silver flatware and hollow- ceiling prices. Dessertspoon______• .83 6.67 10.00 Table spoon...... Community Plate (Flatware) Iced teaspoon...... Oyster or cocktail fork...... Round bowl soup spoon...... (Column 1) Grille fork...... (Column 2) (Column 3) Sugar spoon...... Butter knife______• 1.00 8.00 12.00 Wholesale ceiling price for Retailer’s ceiling price for Baby spoon, bent.— ...... articles listed in column i articles listed in column 1 2- piece Educator set...... 1.50 12.00 18.00 Style or lot number Dessert knife, H H ____ ;______In quantities of— In quantities of— Dinner knife, H H . . ______Gravy ladle...... Cold meat fo r k ...... 1 8 12 1 8 12 Grille knife, H H ______' 2.00 16.00 24.00 Dessert server______Child’s spoon...... $0.45 $3.60 $0.75 $6.00 Child cup...... Teaspoon;...... „ ...... $9.00 Child cup, plain...... A. D. coffee spoon______. 3.72 , '5.58 6.20 9.30 Pierced round server...... „! 5 o’clock teaspoon...... } *47 3- piece child set, H H ...... „ 3.00 24.00 36.00 •Feeding spoon...... ^ .60 4.80 7.20 1.00 8.00 12.00 4- piece child set, H H ______} 3.50 28.00 42.00 Foodmaster spoon straight...... 3-piece toddler set______Child’s fork...______.75 6.00 9.00 1.25 10.00 15.00 Pie knife, H H ___ . ______4.00 32.00 48.00 Dessert fork______6-piece place setting: Salad fork, grille______2 teaspoons______Cream soupspoon...... Knife______:. Butter spreaders, grille, P . F ______Fork...... j ...... ■ 5.50 44.00 66.00 Dinner fork...... 1...... I...... Salad fork______Dessert spoon______' .93 7.44 11.16 1.55 12.40 18.60 Soup spoon...... Tablespoon...... 2-piece steak set, H H 5 inches. * 7.50 60.00 90.00 Iced teaspoon...... 2-piece salad set______-•Oyster fork...... 26-piece service for 6, includ­ R. B. soup spoon...... ing chest No. 405...... 29.75 238.00 357.00 Grille fork.—...... 36-piece service for 8, includ­ 2-piece foodmaster set...... 1.20 9.60 14.40 2.00 16.00 24.00 ing chest No. 405; 42-piece Sugar spoon...... 1 service for 8, including chest Butter knife...... l 1.23 9.84 14.76 2.05 16.40 Nos. 403 or 404...... 44.75 358.00 537.00 Jelly server______50- or 52-piece service for 8, Child kn ife...... 1.50 12.00 18.00 2.50 20.00 80.00 including chest Nos. 403 or HM S dessert knife______1 404...... 49.75 398.00 597.00 Dmnerknife, H M S______) 1.55 12.43 18.65 2.59 20.72 31.08 63-piece service for 12, includ­ HM S grille knife...... ing chest Nos. 403 or 404___ 59.75 478.00 717.00 Gravy ladle...... 1.65 13.20 19.80 2.75 22.00 33.00 7(rpiece service for 12, includ­ Cold meat fork...... 1 ing chest Nos. 403 or 404___ 64:75 518.00 777.00 ) 1.71 13.68 20.52 78-piece service for 8, includ­ 2.85 22.80 34.20 ing chest Nos. 402 or 626___ 69.75 558.00 837.00 » 2.10 16.80 88-pieoe service for 8, includ­ 25.20 3.50 28.00 42.00 3-piece child set...1___ J______2.70 21.60 32.40 4.50 ing chest No. 400...... 99.75 798.00 1,197.00 36.00 54.00 HM S pie knife...... 3.00 24.00 36.00 5.00 40.00 60.00 3.30 26.40 39.60 5.50 44.00 66.00 4.65 37.20 55.80 7.75 1881 (È) R ogers (R) (Hollowware) 62.00 93.00 2-piece steak set——...... 6.00 48.00 72.00 10.00 80.00 120.00 GLENROSE Serra-blade steak knife set______12.43 20.72 33.45 267.60 401.40 55.75 446.00 669.00 46.50 372.00 (Column 1) (Column 2) 558.00 77.50 620.00 930.00 61-piece service for 8______55.50 444.00 666.00 92.50 740.00 1,110.00 72-piece service for 8______66.45 Retailer’s 531.60 797.40 110.75 886.00 1.329.00 76-piece service for 12...... 67.50 540.00 810.00 112.50 900.00 1.350.00 Style or other lot number or other ceiling jorice lOi-piece service for 12._„ — _ ____» ...... _ 95.10 for articles 760.80 1,141.20 158.50 1,268.00 1.902.00 description listed in column 1 Community (H ollowware)

Waste bowl______$8.00 ascot Bread tray, length 13 inches______Sandwich tray, diameter 11 inches______10.00 Cream pitcher...______12.50 (Column 1) Sugar bowl with cover______15.00 (Column 2) (Column 3) Gravy boat and tray...... 17.50 Well and tree platter, length 18 inches__ Wholesalers Retailers ceiling price ceiling price Water pitcher...... 24.50 Style or lot number or other description Double vegetable dish, without divider.. for articles for articles Teapot...... 25.50 listed in listed in Coffee pot______i______..." __ 26.50 column 1 column 1 Oval tray, length 18 inches______35.00 Oblong tray, length 18 inches______Salt and pepper shakers (pair) Oval tray length 22 inches______42.50 $5.40 $9.00 Bread tray______8.40 14.00 «-piece tea set (tea, sugar, cream)______53.00 Waste bowl______«•piece coffee set (coffee, cream, sugar)__ 54.00 12.00 20.00 Round tray, 15-inch______16.50 27.50 4- piece, tea and coffee set (tea, coffee, Cream pitcher...... cream, sugar)______.... ___ 1______79.50 17.40 29.00 Sugar bowl with cover______18.60 31.00 5- piece tea and coffee set (tea, coffee, Covered casserole dish.....___ sugar, cream, waste)______87.50 Gravy boat and tray______21.00 35.00 Well and tree platter, 18-inch.. PLANTATION, DELMAR, BROOMWOOD Water pitcher...... 22.50 37.50 Teapot..______27.00 45.00 Salt and Entree dish without divider... pepper shakers (pair)...... $3.75 Entree dish with divider_____ 29.10 48.50 Coffee pot______30.00 50.00 Community (H ollowware)—Continued T udor P late (F latw are) — Continued ascot—continued (Column 1) (Column 2) (Columns) o Is9 (Column 1) (Column 2) (Column 3) Wholesale ceiling price for Retailer's ceiling price for articles listed in column 1 articles listed in column 1 Wholesalers Retailers ceiling price ceiling price Style or lot number or other description In quantities of— In quantities of— Style or lot number or other description for articles for articles listed in listed in column 1 column 1 » 1 8 12 1 8 12

Oblong tray, 21-inch______Sugar sp oon ....______.... } $0.69 $5.52 $8.28 $1.16 $9.20 $13.80 Oval tray, 22-inch _■______$33.00 $55.00 Butter knife______Well and tree platter, 22-inch. 2-piece baby set------.75 6.00 9.00 1.25 10.00 15.00 Oblong tray, 26-inch______60.00 100.00 Gravy ladle_____ ...—------3-piece tea set______63.00 105.00 Cold meat fork______...» ------1 3- piece coffee set.-_ 66.00 110.00 Pierced round server— ______V .90 7.20 10.80 1.50 12.00 18.00 Breakfast service______— 89.10 148.50 Dessert server_____ —______— ------...... 4- piece tea and coffee set____ 93.00 155.00 Baby cup______1------105.00 175.00 5- piece tea and coffee set____ H M S dinner knife...... *...... } 1.00 8.00 12.00 1.67 13.33 20.00 H M S grille knife_...... ------Child cup. _____ —______-______—— 1.20 9.60 14.40 2.00 16. (X) * 24.00 3-piece child set______-—....— 1.65 13.20 19.80 2.75 22.00 33.00 3-piece toddler set______1.95 15.60 23.40 3.25 26.00 39.00 Salt and pepper shakers (pair)__ $5.40 $9.00 5-piece place setting______2.58 20.64 30.96 4.30 34.40 51.60 14.10 112.80 169.20 23.50 188.00 282.00 Bread tfay______} 12.00 20.00 Waste bowl______.....__ 42-piece service for 8 --___ -______19.50 156.00 234.00 - 32.50 260.00 390.00 Cream pitcher______17.40 29.00 50-piece service for 8______23.97 191.76 287.64 39.95 319.60 479.40 Sugar bowl with cover______... • 18.60 31.00 68-piece service for 8------32.37 258.96 388.44 53.95 431.60 647.40 Water pitcher______22.50 37.50 Round tray, 16-inch______23.70 39.60 T eap ot...______} 27.00 45.00 T udor P late (A ccessories) Well and tree platter, 18-ineh___ Combination platter, 19-inch___ $3.90 $6.50 Gravy boat with tray and cover. 1 28.50 47.50 4.80 8 . 0 0 ______!__ Entree dish without divider____ 8.10 — — 1 3 .5 0 ______- ___ Coffee pot______} 30.00 50.00 Muffin dish______51.00 Entree dish with divider______• 30.60 (G) (O) (L) Oneida Community, L td. (H ollowwabe) Entree dish, large______34.50 57.60 z Oblong tray 22-inch______39.00 65.00 HENLEY o Oblong tray 26-inch...______60.00 100.00 63.00 106.00 3-piece tea set______(Column 1) (Column 2) (Column 3) n 3- piece coffee set______... 66.00 110.00 m 84.00 140.00 to Kettle and stand...... Wholesalers Retailers 4- piece tea and coflee set_ 93.00 156.00 105.00 175.00 ceiling prioe ceiling price 6-piece tea and coflee set..._____ Style or lot number or other description for articles for articles listed in listed in Community (A ccessories) column 1 column 1

Empty chdst, No. 43.______$4.50 $7.50 $1.65 $2.75 12.60 Salt and pepper shakers (pair)— ------Empty chest, No. 48______7.50 Bread tray_____ ...... ------— 4.20 7.00 Empty chest, Nos. 49 and 53. 9.00 15.00 18.00 Waste bow l------4.60 7.50 Empty chest, No. 56______10.80 Oblong butter dish_____...... ------} Empty chest, No. 50______12.00 20.00 Relish dish with glass liner------6.00 20.00 Sugar bowl with cover______t—------6.60 11.00 Cream pitcher_____ . . . . . _____ ... ------} T udor P late (Flatware) Round tray, 15-inch______— ------.... 9.00 25.00 Gravy boat and tray------— ------,------} (Column 1) (Column 2) (Column 3) W ell and tree platter, 18-inch— — ------10.50 17.50 Oblong tray, 16-inch...... ------} Wholesale ceiling price for Retailer's ceiling price for Double vegetable dish without divider...... — 11.70 h. articles listed in column 1 articles listed in column 1 Water pitcher______------13.50 22. Style or lot number or other description Oblong tray, 18-inch...------} In quantities of— In quantities of— Double vegetable dish with divider------13.80 23. Tea pot______—------15.00 25. Coffee pot______.... ______i —i ______} 1 8 12 1 8 12 Combination platter, 19-inch...... ______16.50 27. Entree dish without divider______} Oblong tray, 20-inch______...... ------18.00 30. Entree dish with d ivid er...___..... ______.... 18.60 31. Teaspoon______$0.23 $1.80 $2.70 $0.38 $3.00 $4.50 5 o’clock teaspoon______Oblong tray, 21-inch______21.00 35. Salad fork, grille______3-piece tea set______. . . . ______28.20 47. 3- piece coffee set.,______...... ____—. ______Î Cream soup spoon______72. Butter spreaders, grille DF, 4- piece tea and coffee set______43.20

79. S3 3 333 S 8 S S S Dinner fork______5- piece tea and coffee set______a 47.70 Dessert spoon______Tablespoon______.45 3.60 5.40 .75 6.00 9.00 Iced teaspoon______PLAIN Oyster fork______H . R. soup spoon______$3.60 $6.00 Grille fork______6.00 10.00 Baby spoon bent...... Baby spoon straight__ .... Saturday, N ovem ber 17, 1951 FEDERAL REGISTER 11703

(G) (C) (L) Oneida Com m unity, L t d . (H ollowware)— Continued (b) of Ceiling Price Regulation 34, as LAKEWOOD AND HADDON amended. 6. Authority to redelegate. The au­ (Column 1) (Column 2) (Column 3) thority herein delegated may be redele­ gated to the Directors of the District O f­ Wholesalers Retailers ceiling price ceiling price fices of the Office of Price Stabilization. Style or lot number or other description for articles for articles listed in listed in This delegation of authority shall take column 1 column 1 effect on November 17, 1951.

M ic h a e l V . D i S a l l e , } $3.60 $6.00 Director of Price Stabilization. 1 1 4.60 7.50 N o v e m b e r 16, 1951. 1 [F. R. Doc. 51-13881; Filed, Nov. 16, 1951;' 1 9.00 15.00 10:49 a. m.] 10.50 17.50 } H. 70 19.50 [Delegation of Authority 29]

R e g io n a l a n d D is t r ic t D ir e c t o r s ] m „„ DELEGATION OP AUTHORITY TO ACT UNDER 33.00 55.00 CEILING PRICE REGULATION 70 By virtue of the authority vested in [Delegation of Authority 28] 2. Delete paragraph 3 and substitute me as the Director of Price Stabilization therefor the following: R e g io n a l D ir e c t o r s pursuant to the Defense Production Act of 1950 (64 Stat. 812) as amended, Ex­ 3. Notification to resellers.— (a) Notice DELEGATION OP AUTHORITY TO ACT ON ecutive Order No. 10161 (15 P. R. 6105) to be given by applicants. (1) After re­ PRICING AND REPORTS— CPR 34 ceipt of this special order, a copy of this and Economic Stabilization General special order shall be sent by the appli­ By virtue of the authority vested in me Order No. 2 (16 P. R. 738) this delega­ cant to each purchaser for resale on or as Director of Price Stabilization pursu­ tion of authority is hereby issued: before the date of the first delivery of ant to the Defense Production Act of 1. Authority is hereby delegated to the any article covered in paragraphs 1 (a) 1950 (64 Stat. 812), as amended, and Ex­ Directors of the respective Regional and and 1 (b) of this special order. ecutive Order 10161 (15 F. R. 6105) and District Offices of the Office of Price Sta­ (2) Within fifteen days after the ef­ Economic Stabilization General Order bilization: fective date of this special order, the No. 2 (16 P. R. 738), this delegation of (a) To act upon and to handle to final applicant shall send a copy of this spe­ authority is hereby issued. conclusion all requests filed pursuant to cial olrder to each purchaser for resale 1. Authority under section 3 (b) of the provisions of section 2 of Ceiling to whom, within two months immedi­ Ceiling Price Regulation 34, as amended. Price Regulation 70; ately prior to the receipt of this special Authority is hereby delegated, to the Di­ (b) To act upon and to handle to final order, the applicant had delivered any rectors of the Regional Offices of the O f­ conclusion all reports filed pursuant to article covered by paragraphs 1 (a) and fice of Price Stabilization to accept the the provisions of section 5 of Ceiling 1 (b) of this special order. reports correcting purely arithmetical Price Regulation 70; (3) The applicant must notify each errors under the provisions of section (c) To act upon and to handle to final purchaser for resale of any amendment 3 (b) of Ceiling Price Regulation 34, as conclusion all requests filed pursuant to to this special order in the same man­ amended. the provisions of section 9 of Ceiling ner. 2 . Authority to act under sections 6, Price Regulation 70; (4) The applicant must supply each 7 and 8 of Ceiling Price Regulation 34, (d) To act upon and to handle to final purchaser for resale other than a re­ as amended. Authority is hereby dele­ conclusion all applications for rate ad­ tailer with sufficient copies of this spe­ gated to the Directors of the Regional justment filed pursuant to the provisions cial order and any amendment thereto Offices of the Office of Price Stabilization of section 12 of Ceiling Price Regulation to permit such purchaser for resale to to accept reports, establish, approve or 70. comply with the notification require­ disapprove ceiling prices or to require 2. At the request of any interested per­ further information under the provi­ ments of this special order. son, the respective Regional Directors sions of sections 6, 7 and 8 of Ceiling (b) Notices to be given by purchasers are hereby delegated authority to : Price Regulation 34, as amended. lor resale (other than retailers). (1) A (a) Review any order issued by a Dis­ 3. Authority to act under section 9 of copy of this special order and any trict Director under this delegation of Ceiling Price Regulation 34, as amended. amendment thereto shall be sent by each authority; and Authority is hereby delegated to the Di­ purchaser for resale (othSr than retail­ (b) Affirm or reverse such order. ers) to each of his purchasers on or be­ rectors of the Regional Offices of the Office of Price Stabilization to disapprove This delegation of authority shall take fore the date of the first delivery after effect on November 17, 1951. receipt of a copy of this special order. or to revise proposed or established ceil­ (2) Within fifteen days of receipt of ing prices under the provisions of section M ic h a e l V . ‘ D i S a l l e , this special order and amendments 9 of Ceiling Price Regulation 34, as Director of Price Stabilization. thereto, each purchaser for resale (other amended. N o v e m b e r 16,1951. than retailers) shall send a copy of the 4. Authority to act under sections 18 order and amendments to each of his (b) and 18 (c) of Ceiling Price Regula­ [F. R. Doc. 51-13882; Filed, Nov. 16, 1951; purchasers to whom, within two months tion 34, as amended. Authority is here­ 10:49 a. m.] prior to receipt of this special order or by delegated to the Directors of the Re­ amendments, his records indicate he had gional Offices of the Office of Price Sta­ delivered any article covered by para­ bilization to require further information GENERAL SERVICES ADMIN­ graphs 1 (a) and 1 (b) of this special or to disapprove of statements filed un­ ISTRATION order. der the provisions of sections 18 (b) and S e c r e t a r y o f D e f e n s e Effective date. This amendment shall 18 (c) of Ceiling Price Regulation 34, as become effective November 9, 1951. amended. d e l e g a t io n o f a u t h o r i t y w i t h r e s p e c t 5. Authority to act under section 19 TO APPLICATION OF PANHANDLE EASTERN M ic h a e l V . D i S a l l e , (b) of Ceiling Price Regulation 34, as PIPE LINE CO. FOR AUTHORITY TO ABANDON Director of Price Stabilization. amended. Authority is hereby delegated SERVICE * N o v e m b e r 9, 1951. « to the Directors of the Regional Offices 1. Pursuant to the provisions of sec­ IP. R. Doc.’ 51-13708; Filed, Nov. 9, 1951; of the Office of Price Stabilization to tions 201 (a) (4) and 205 (d) and (e) of 4:46 p.m .] establish ceiling prices under section 19 the Federal Property and Administrative 11704 NOTICES

Services Act of 1949, 63 Stat. 377, as sion issued its order, entered November 9, [Docket No. G-1826] amended, authority to represent the in­ 1951, issuing certificate of public con­ U n it e d G a s P i p e L i n e C o . terests of the executive agencies of the venience and necessity in the above- Federal Government in the matter of the entitled matter. NOTICE OF APPLICATION application of the Panhandle Eastern * N ovember 13, 1951. Pipe Line Company for authority to [ s e a l ] L e o n M . F u q u a y , abandon service before the Federal Secretary. Take notice that on October 29, 1951, United Gas Pipe JLine Company (Ap­ Power Commission, FPC Docket No. G - [P. R. Doc. 51-13771; Piled, Nov. 16, 1951; 1725, is hereby delegated to the Secretary 8:48 a. in.] plicant) a Delaware corporation with its of Defense. principal place of business in Shreve­ 2. The Secretary of Defense is hereby port, Louisiana, filed an application for authorized to redelegate any of the au­ a certificate of public convenience and thority contained herein to any officer, [Docket No. G-1784] necessity pursuant to section 7 of the official or employee of the Department of Natural Gas Act, as amended, author­ Defense. A rkansas L ouisiana G as C o. izing the construction and operation of 3. The authority conferred herein a 4-inch natural-gas transmission pipe­ ORDER FIXING DATE OF HEARING shall be exercised in accordance with the line extending from a point of connec­ tion on Applicant’s 16-inch Mud Lake policies, procedures and controls pre­ N ovember 9, 1951. scribed by the General Services Adminis­ pipeline near Port Arthur, Texas, south­ On August 31, 1951, Arkansas Louisi­ westerly for a distance of approximately tration and shall further be exercised in ana Gas Company (Applicant), a Dela­ cooperation with the responsible officers, 1.7 miles to the site of the Great Lakes ware corporation having its principal Carbon Corporation plant, all in Jeffer­ officials and employees of such Admin­ place of business at Shreveport, Louisi­ istration. • son County, Texas. ana, filed an application, as supple­ By means of the proposed facilities, 4. This delegation of authority shall mented on October 19 and 22, 1951, for be effective as of October 29, 1951. Applicant proposes, to deliver and sell a certificate of public convenience and natural gas directly to Great Lakes Car­ Dated: November 9, 1951. necessity, pursuant to section 7 of the bon Corporation. Applicant states that Natural Gas Act, as amended, authoriz­ with a 24-hour average inlet pressure of J e s s L a r s o n , ing the construction and operation of Administrator. approximately 225 pounds per square certain natural-gas facilities, subject to inch gauge at the point of delivery to [P. R. Doc. 51-13761; Piled, Nov. 16, 1951; the jurisdiction of the Commission, as 8:47 a. m.] Great Lakes Carbon Corporation, the fully described in the application on file capacity of the proposed 4-inch line will with the Commission and open to public be approximately 5,700 Mcf per day. For FEDERAL POWER COMMISSION inspection. the year 1952, Applicant estimates the The Commission finds; This proceed­ daily demand of this customer will be [Docket No. G-1564] ing is a proper one for disposition under 2,750 Mcf. S outhwestern V ir ginia G as the provisions of § 1.32 (b) (18 CFR 1.32 The estimated total over-all capital T ransmission Co. (b) ) of the Commission’s rules of prac­ cost of the proposed facilities is approxi­ tice and procedure, Applicant having re­ mately $26,000 which will be financed NOTICE OF ORDER MODIFYING DECISION AND quested that its application be heard un­ by Applicant out of cash on hand. ISSUING CERTIFICATE OF PUBLIC CON­ der the shortened procedure provided by VENIENCE Protests or petitions to intervene may the aforesaid rule for noncontested pro­ be filed with the Federal Power Com­ N ovember 13,1951. ceedings, and no request to be heard, mission, Washington, D. C., in accord­ Notice is hereby given that, on Novem­ protest or petition having been filed sub­ ance with the rules of practice and pro­ ber 9, 1951, the Federal Power Commis­ sequent to the giving of due notice of cedure (18 CFR 1.8 or 1.10) on or before sion issued its order, entered November the 1st day of December 1951. The ap­ 7, 1951, modifying decision and issuing the filing of the application, including publication in the F ederal R egister on plication is on file with the Commission a certificate of public convenience and for public inspection. necessity in the above-entitled matter, ¡September 20, 1951 (16 F. R. 9617). The Commission orders: [ s e a l ! L e o n M . F u q u a y , [ seal] L eon M. F u q u a y, (A ) Pursuant to the authority con­ Secretary. Secretary. tained in and subject to the jurisdiction [F. R. Doc. 51-13773; Filed, Nov. 16, 1951; [P. R. Doc. 51-13769; Piled, Nov. 16, 1951; conferred upon the Federal Power Com­ 8:48 a. m.] 8:48 a. m.] mission by sections 7 and 15 of the Nat­ ural Gas Act, as amended, and the Com­ [Docket No. 6-1683] mission’s rules of practice and procedure, a hearing be held on November 23, 1951, [Docket No. G-1829] K ansas-N ebraska N atural G as Co. at 9:30 a. m., in the Hearing Room of T e x a s I l l i n o i s N a t u r a l G a s P ipeline NOTICE OF FINDINGS AND ORDER the Federal Power Commission, 1800 Co. N ovember 13, 1951. Pennsylvania Avenue NW „ Washington, NOTICE OF APPLICATION D. C., concerning the matters involved Notice is hereby given that, on Novem­ N o v e m b e r 13, 1951. and the issues presented by such appli­ ber 9, 1951, the Federal Power Commis­ Take notice that Texas Illinois Natural sion issued its order, entered November cation, as supplemented: Provided, how­ ever, That the Commission may, after a Gas Pipeline Company (Applicant), a 9, 1951, issuing a certificate of public Delaware corporation, address, Chicago, noncontested hearing, forthwith dispose convenience and necessity in the above- Illinois, filed on November 1, 1951, an entitled matter. of the proceeding pursuant to the pro­ application for a certificate of public visions of § 1.32 (b) of the rules of prac­ [ seal] L eon M. F u q u a y , convenience and necessity pursuant to Secretary. tice and procedure. section 7 of the Natural Gas Act, author­ (B) Interested State commissions [F. R. Doc. 51-13770; Piled, Nov. 16, 1951; izing the acquisition, by purchase and 8:48 a. m.] may participate as provided by §§ 1.8 and operation, of all of the metering facili­ 1.37 (f) (18 CFR 1.8 and 1.37 (f) ) of the ties of Chicago District Pipeline Com­ said rules of practice and procedure. pany (Chicago District) installed near [Docket No. G-1775] Joliet, Illinois, through which deliveries Date of issuance: November 13, 1951. of natural gas to Chicago District from G e o r g ia G a s C o . By the Commission. Natural Gas Pipeline Company of America (Natural Gas Pipeline) have . NOTICE OF FINDINGS AND ORDER [ seal] L eon M . F u quay, been measured. , Secretary. N ovember 13, 1951. The facilities proposed to be acquired Notice is hereby given that, on Novem­ [F. R. Doc. 51-13758; Filed, Nov. 16, 1951; have been used for checking deliveries of ber 13,1951, the Federal Power Commis«« 8:46 a. m.] natural gas-against the metering facili- Saturday, N ovem ber 17, 1951 FEDERAL REGISTER 11705 ties of Natural Gas Pipeline, and their These contracts supersede one-year B lack H il l s P ower and L ig h t C o. abandonment by Chicago District has contracts approved as to rates and been authorized by order of the Com­ charges by the Commission on January NOTICE OF ORDER APPROVING AND DIRECTING mission issued on September 26, 1951 in 5,1951, which expired by their own terms DISPOSITION OF AMOUNTS Docket No. G-1738. Applicant proposes on September 30, 1951. The proposed N ovember 13, 1951. to acquire said facilities for $50,045.37, contracts are for an initial term of five Notice is hereby given that, on Novem­ their net book value, and by such acqui­ years starting October 1, 1951, and may ber 13, 1951, the Federal Power Commis­ sition Applicant states, it will enable it­ be extended one year annually three sion issued its order, entered November self to save the time and cost of its years in advance on mutual agreement 7, 1951, approving and directing disposi­ construction program and to conserve after the first two years. tion of amounts classified in Account scarce materials. Applicant proposes to The contracts provide initially for the 100.5, electric plant acquisition adjust­ pay the cost of acquisition in cash out sale to the five companies of seasonal and ments in the above-entitled matter. of construction funds now on hand. interruptable power with the companies Protests or petitions to intervene may having priority for interruptable power [ seal] L eon M . F u q u a y , be filed with the Federal Power'Commis- over industrial customers purchasing Secretary. sion, Washington 25, D. C., in accordance such power directly from Bonneville. [F. R. Doc. 51-13772; Filed, Nov. 16, 1951; with the rules of practice and procedure The contracts also set up a schedule of 8:48 a. m.] (18 CFR 1.8 or 1.10) on or before the 1st priorities for the sale of future addi­ day of December 1951. The application tional sources of power made available is on file with the Commission for public to Bonneville as new Federal multi-pur­ inspection. pose projects are completed. The rates [Project No. 2042] and charges contained in the contract P u blic U t i l it y D istr ic t N o. 1 of P end [ seal] L eon M . F ü q u ay, are primarily a special concurrent appli­ O r eille C o u n t y Secretary. cation of Bonneville Rate Schedules C-4 [P. R. Doc. 51-13774; Filed, Nov. 16, 1951; and F-4 until such time as Bonneville NOTICE OF APPLICATION FOR LICENSE 8:49 a. m.] can supply the full purchased power N ovember 13, 1951. needs of the five power companies. At that time the applicable rates will be Public notice is hereby given that Pub- Bonneville’s standard rate schedules ex­ lice Utility District No. 1 of Pend Oreille [Docket Nos. ID-1052, ID-1058, ID-1152, cept that if separate rate schedules are County, Newport, Washington, has filed application for license under the Fed­ ID-1159, ID-1160, ID-1161] established for projects other than the eral Power Act (16 U. S. C. 791a-825r), A. E. Craig et al. Bonneville, Grand Coulee, and Hungry Horse projects, these latter rate sched­ for a proposed, hydroelectric develop­ ment, designated as Project No. 2042, to NOTICE OF ORDERS AUTHORIZING APPLICANTS ules will apply and the companies may be located on the Pend Oreille River TO HOLD CERTAIN POSITIONS cancel the contracts if they so desire. (Clark Fork, Columbia River) in Pend N ovember A schedule of diversity charges are in­ 13, 1951. Oreille County, Washington, affecting cluded, and provision is made for the In the matters of A. E. Craig, Docket public lands, lands of the United States negotiation of the rural and domestic No. ID-1052; W. J. Rose, Docket No. ID - within Kaniksu National Forest, and al­ rate schedules of the companies at the 1058; Howard H. Melvin, Docket No. ID - lotted lands within Kalispell Indian Res­ time Bonneville is able to supply the 1152; H. A. Finley, Docket No. ID-1159; ervation. The proposed project would companies full power needs. H. A. Kammer, Docket No. ID-1160; consist of a dam about 45 feet high at V. M. Marquis, Docket No. ID-1161. Any person desiring to make represen­ the Box Canyon site north of lone, Notice is hereby given that, on Novem­ tations with respect to the foregoing Washington; a pool created by the dam; ber 9, 1951, the Federal Power Commis­ should submit the same on or before a powerhouse with installed capacity of sion issued its orders^ entered November December 1, 1951, to the Federal Power 60,000 kilowatts; and appurtenant 7, 1951, authorizing applicants to hold Commission, Washington 25, D. C. structures. certain positions, pursuant to section 305 Any protest against the approval of (bX of the Federal Power Act in the [ seal] L eon M. F u q u ay, Secretary. this application or request for hearing above-entitled matters. thereon, with the reason for such pro­ [ seal] L eon M. F u q u a y, [F. R. Doc. 51-13775; Filed, Nov. 16, 1951; test or request and the name and ad­ Secretary. 8:49 a. m.] dress of the party or parties so protesting or requesting should be submitted on or [P. R. Doc. «1-13759; Filed, Nov. 16, 1951; before December 15,1951, to the Federal 8:46 a. m.] Power Commission. [Docket Nos. E-6379, E-6380, E-6381] [ seal] L eon M. F u q u a y, C ommonwealth E dison C o. et al.. Secretary. Docket Nos. IT-6087, IT-6088, IT-6089, NOTICE OF ORDER APPROVING AND DIRECTING [F. R. Doc. 51-13776; Filed, Nov; 16, 1951; IT-6090, E-6331 MAINTENANCE AND USE OF PERMANENT 8:49 a. m.] Bo nneville P roject, C o lum bia R iver, INTERCONNECTION O regon-W ash ington N ovember 13, 1951. notice of request for approval of rate In the matters of Commonwealth Edi­ [Project No. 2090] SCHEDULES son Company, Docket No. E-6379; Wis­ G reen M o u n ta in P ower C orp. N ovember 13, 1951. consin Electric Power Company, Docket Notice is hereby given that the Admin­ No. E-6380; Public Service Company of NOTICE OF APPLICATION FOR LICENSE istrator of the Bonneville Project has Northern Illinois, Docket No. E-6381. N ovember 13,1951. filed with the Federal Power Commission Notice is hereby given that, on Novem­ Public notice is hereby given that for confirmation and approval, pursuant ber 9, 1951, the Federal Power Commis­ Green Mountain Power Corporation, of to the provisions of the Bonneville Act sion issued its determination of emer­ Montpelier, Vermont, filed application (50 Stat. 731), as amended, rates and gency and order approving and directing under the Federal Power Act (16 U. S. C. charges contained in five-year contracts maintenance and use of permanent in­ 791a-825r) for license for proposed Proj. with the following electric utility com­ terconnection, entered November 7,1951, No. 2090, to be located on Waterbury panies; in the above-entitled matters. (Little) River in Washington County, Vermont. The proposed project will Mountain States Power Co. [ seal] L eon M. F u q u a y , consist of a powerhouse adjoining the Pacific Power & Light Co. Secretary. Portland General Electric Co. existing valve house at the foot of the Puget Sound Power & Light Co. [F. R. Doc. 51-13768; Filed, Nov. 16, 1951,; constructed dam and containing a 7,900 Washington Water Power Co. 8:48 a. m.] horsepower turbine connected with a 11706 NOTICES

6,900 kilovolt-ampere generator, with ac­ INTERSTATE COMMERCE Any interested person desiring the cessory equipment and controls; a trans­ Commission to hold a hearing upon such former and switchyard; a 33-kilovolt COMMISSION application shall request the Commission transmission line about 4 miles long to [4th Sec. Application 26556] in writing so to do within 15 days from the applicant’s Waterbury switching sta­ the date of this notice. As provided by tion; and appurtenant facilities. The M eth anol and P roprietary A n t i-F reeze the general rules of practice of the Com­ present needle valves controlling the dis­ P reparations F rom M il it a r y , K ans., to mission, Rule 73, persons other than charge of water from the reservoir will St . L o u is , M o., and East St . L o u is , I I I . applicants should fairly disclose their be removed and the two steel pen stocks application for relief interest, and the position they intend to through the dam will be joined to the take at the hearing with respect to the N ovember 14, 1951. turbine by a wye. The project will application. Otherwise the Commission, utilize for power purposes water stored The Commission is in receipt of the in its discretion, may proceed to investi­ in the Waterbury Reservoir. The elec­ above-entitled and numbered application gate and determine the matters involved tric energy generated by the proposed for relief from the long-and-short-haul in such application without further or hydroelectric facilities will be trans­ provision of section 4 (1) of the Inter­ formal hearing. I f because of an emer­ mitted to applicant's existing system for state Commerce Act. gency a grant of temporary relief is public utility purposes. Filed by: L. E. Kipp, Agent, for Chi­ found to be necessary before the expira­ Any protest against approval of this cago, Burlington & Quincy Railroad tion of the 15-day period, a hearing, upon application or request for hearing Company and other carriers. a request filed within that period, may be thereon, with the reasons for such pro­ Commodities involved: Methanol and held subsequently. proprietary anti-freeze preparations, in test or request, and the address of the By the Commission, Division 2. party or parties so protesting or request­ tank-car loads. ing should be submitted on or before the From: Military, Kans. [ seal] w . P. B artel, 31st day of December 1951, to the Fed­ To: St. Louis, Mo., and East St. Louis, Secretary. eral Power Commission, Washington 25, h l [F. R. Doc. 51-13781; Filed, Nov. 16, 1951; D. C. Grounds for relief: Competition with motor carriers. 8:50 a. m.] [ seal] L eon M . F u q u a y , Schedules filed containing proposed % Secretary. rates: L. E. Kipp’s tariff L C. C. No. A - [F. R. Doc. 51-13777; Plied, Nov. 16, 1951; 3614, Supp. 126. 8:49 a. m.] Any interested person desiring the [4th Sec. Application 26560] Commission to hold a hearing upon such P ig I ron F rom P o in ts i n T exas to application shall request the Commission E v a nsv ille , I nd . EXECUTIVE OFFICE OF THE in writing so to do within 15 days from APPLICATION FOR RELIEF PRESIDENT the date of this notice. As provided by the general rules of practice of the Com­ N ovember 14, 1951. Office of Defense Mobilization mission, Rule 73, persons other than ap­ The Commission is in receipt of the [CDHA No. I l l plicants should fairly disclose their above-entitled and numbered applica­ interest, and the position they intend to tion for relief from the long-and-short- F in d in g and D etermination o f Cr itic a l take at the hearing with respect to the haul provision of section 4 (1) of the D efense H ousing A reas U nder th e application. Otherwise the Commission, Interstate Commerce Act. D efense H ousing and C o m m u n it y in its discretion, may proceed to investi­ Filed by: F. C. Kratzmeir, Agent, for F a c ilit ie s and Services A ct of 1951 gate and determine the matters involved carriers parties to his tariff I. C. C. No. N ovember 15,1951. .in such application without further or 3960. formal hearing. I f because of an emer­ Commodities involved: Pig iron, car­ Upon a review of the construction of gency a grant of temporary relief is found new defense plants and installations, and loads. to be necessary before the expiration of From: Daingerfleld, Lone Star, and the reactivation or expansion of opera­ the 15-day period, a hearing, upon a tions of'existing defense plants and in­ McCrossin, Tex. request filed within that period, may be To: Evansville, Ind. stallations, and the in-migration of de­ held subsequently. fense workers or military personnel to Grounds for relief : Competition with carry out activities at such plants or By the Commission, Division 2. rail carriers and circuitous routes. installations, and the availability of Schedules filed containing proposed housing and community facilities and [ seal] W . P. B artel, rates: F. C. Kratzmeir’s tariff I. C. C. services for such defense workers and Secretary. No. 3960, Supp. 9. military personnel in each of the areas [F. R. Doc. 51-13/78; Filed, Nov. 16, 195Í; Any interested person desiring the set forth below, I find that all of the con­ 8:49 a. m.] .Commission to hold a hearing upon such ditions set forth in section 101 (b) of the application shall request the Commis­ Defense Housing and Community Fa­ sion in writing so to do within 15 days cilities and Services Act of 1951 (Public from the date of this notice. As pro­ Law 139, 82d Cong., 1st sess.) exist. [4th Sec. Application 26559] vided by the general rules of practice of Accordingly, pursuant to section 101 A lcohol F rom N e w O rleans, L a., to the Commission, Rule 73, persons other of the Defense Housing and Com munity C olum bus, G a. than applicants should fairly disclose Facilities and Services Act of 1951 and their interest, and the position they in­ application for relief by virtue of the authority vested in me tend to take at the hearing with respect by paragraph number 1 of Executive N ovember 14, 1951. to the application. Otherwise the Com­ Order 10296 of October 2, 1951,1 hereby The Commission is in receipt of the mission, in its discretion, may proceed determine that each of said areas is a above-entitled and numbered applica­ to investigate and determine the matters critical defense housing area. tion for relief from the long-and-short- involved in such application without Key West, Florida. This area consists of haul provision of section 4 (1) of the further or formal hearing. If because Monroe County. Interstate Commerce Act. of ah emergency a grant of temporary Allentown-Bethlehem, Pennsylvania. This Filed by: R. E. Boyle, Jr., Agent, for relief iS found to be necessary before the area consists of Northampton and Lehigh The Alabama Great Southern Railroad Counties in Pennsylvania; and the townships Company and other carriers. expiration of the 15-day period, a bear­ of Greenwich, Lopatcohg, Pahatcong, the Commodities involved: Alcohol, car­ ing, upon a request filed within that Borough of Alpha, and the Town of Phillips- period, may be held subsequently. burg, in Warren County, New Jersey. loads. From: New Orleans, La. By the Commission, Division 2. C. E. W il s o n , To: Columbus, Ga. Director, Grounds for relief: Circuitous routes. [ seal] W. P. B artel, Office of Defense Mobilisation. Schedules filed containing proposed Secretary. [F. R. Doc. 51-13833; Filed, Nov. 15, 1951; rates: W. P. Emerson, Jr.’s tariff I. C. C. [F. R. Doc. 51-13782; Filed, Nov. 16, 1951; 4:30 p. m.] No. 400, Supp. 20. 8:50 a. m.]