utteba SCRIPTA DERAL REGISTER

VOLUME 12 1 9 34 NUMBER 250 4 United % Washington, Wednesday, ,1947

TITLE 3— THE PRESIDENT which they were deprived by reason of CONTENTS such conviction and which may not be re­ PROCLAMATION 2762 stored to them unless they are pardoned: THE PRESIDENT NOW, THEREFORE, I, HARRY S. G ranting P ardon to C e r tain P ersons TRUMAN, President of the United States Proclamation Pa8e 'Convicted o p V io la t in g t h e S elective of America, under and by virtue of the Pardon granted certain persons T r aining and S ervice A ct of 1940 as authority vested in me by Article II of convicted of violating Selective A mended the Constitution of the United States, do Training and Service Act of hereby grant a full pardon to those per­ 1940, as amended-!______8731 BY THE PRESIDENT OF THE UNITED STATES sons convicted of violating the Selective OF AMERICA Training and Service Act of 1940 as EXECUTIVE AGENCIES A PROCLAMATION amended whose names are included in Agriculture Department WHEREAS by Executive Order No. the list of names attached hereto and See also Commodity Credit Cor­ 9814 of , 1946, there was hereby made a part of this proclamation. poration, Federal Crop Insur­ established the President’s Amnesty IN WITNESS WHEREOF, I have here­ ance Corporation. Board, the functions and duties of which unto set my hand and caused the Seal of Proposed rule making: the United States of America to be were set out in paragraph 2 of the said Milk handling in Quad Cities affixed. Executive order as follows: marketing area______8777 DONE at the City of Washington this “The Board, under such regulations as it 23rd day of December in the year of our Alien Property, Office of may prescribe, shall examine and consider Lord nineteen > hundred and Notices: the cases of all persons convicted of violation [ s e a l] forty-seven, and of the Inde­ of the Selective Training and Service Act of Vesting orders : 1940, as amended (60 U. S. C. App. 301 ff.), or pendence of the United States of Kubicheck, Anna______8785 of any rule or regulation prescribed under- or America the one hundred and seventy- Kumahiro, Yoshihisa, et al__ 8785 pursuant to that Act, or convicted of a con­ second. Muller, Jacob______8786 spiracy to violate that Act or any rule or H arry S. T r u m a n Nehls, Charles H______8786 regulation prescribed under or pursuant thereto. In any case in which it deems it By the President: Civil Aeronautics Board desirable to do so, the Board shall make a R obert A . L ovett, Rules and regulations: report to the Attorney General which shall Acting Secretary of State. Air carrier operations, sched­ include its findings and its recommendations uled, outside U. S.; extension as to whether Executive clemency should be L i s t o f N a m e s of time for certification in granted or denied, and, in any case in which it recommends that Executive clemency be Name, Date Convicted:and V. S. District transport category of air­ granted, its recommendations with respect Court craft______8767 General operation; annual in­ to the form that such clemency should take. 1. Aaron, Herbert Huston, October 20, 1942, The Attorney General shall report the find­ Eastern Arkansas. spection______8767 ings and recommendations of the Board to 2. Abernathy, Wilburn, September 22, 1944, Civil Service Commission the President, with such further recom­ Northern Alabama. mendations as he may desire to make.” 3. Abram, Joel, Jr., April 14, 1943, Southern Rules and regulations: Annual and sick leave (Corr.)__ 8744 and West Virginia. 4. Ackerman, Paul Roland, , Coast Guard W H E R E A S the Board, after consider­ 1940, Oregon. ing all cases coming within the scope of 5. Adamy, Edward N., April 30, 1943, New Rules and regulations: paragraph 2 of the said Executive order, Jersey. Field organization; establish­ has made a report to the Attorney Gen­ 6. Addington, Norman Wallace, October 9, ment of Corpus Christi, Tex., eral, which includes the findings of the 1945, Eastern Kentucky. Marine Inspection Office_____ 8773 Board and its recommendation that Ex­ 7. Adolph, James Willard, October 18, 1943, Colorado. Commodity Credit Corporation ecutive clemency be granted in certain Rules and regulations: of such cases; and 8. Agliam, Paustino Acosta, June 26, 1944, Northern . - * Poultry; chickens______8744 WHEREAS the Attorney General has 9. Aguirre, Joseph, November 28, 1944, submitted such report to me with his ap­ Northern California. Federal Communications Com­ proval of the recommendation made by 10. Akim, Alfred, May 29, 1942, Hawaii. mission the Board with respect to Executive 11. Akutsu, Hitoshi Gene, October 2, 1944, Notices: clemency; and Idaho. Hearings, etc.: 12. Akutsu, Jim Hajime, October 2, 1944, WHEREAS upon consideration of the Idaho. American- Broadcasting Co., report and recommendation of the Board 13. Albrecht, Irving G., August 80, 1943, Inc. (K G 6 ), et al_____ 8780 and the recommendation of the Attor­ New Jersey. Chillicothe Broadcasting Co_ 8781 ney General, it appears that certain per­ 14. Alexander, Charles E., July 14, 1944, Mutual Telephone Co. and sons convicted of violating the Selective Northern Illinois. RCA Communications, Inc_ 8780 Training and Service Act of 1940 as 15. Alexander, Daniel, October 29, 1943, New England Television Co., amended ought to have restored to them Southern New York. Inc., and E. Anthony & the political, civil, and other rights of (Continued on p. 8733) Sons, Inc______8781 8731 8732 RULES AND REGULATIONS

CONTENTS— Continued CONTENTS— Continued Federal Communications Com- Pa8® Interstate Commerce Commis- Pase FEDERAWflEGISTER mission— Continued sion— Continued cfÿ^ Proposed rule making: Rules and regulations— Continued License period, normal, for ra.- Car service—Continued dio broadcast services______8778 Refrigerator cars: Published daily, except Sundays, Mondays, Rules and regulations: Fruit and vegetable con- and days following official Federal holidays, Ship service, and commercial tainers, for______8775 by the Division of the Federal Register, the radio operators_____ .______8773 Giant------8775 National Archives, pursuant tfl the authority Ice, body, removal by con­ contained in the Federal Register Act, ap­ Federal Crop Insurance Cor­ signee------8775 proved July 26, 1935 (49 Stat. 500, as poration Icing at Roseville, San Jose amended; 44 U. S. C., ch. 8B ), under regula­ or Stockton, Calif______8776 tions prescribed by the Administrative Com­ Rules and regulations: mittee, approved by the President. Distribu­ Corn crop insurance; annual PFE, for loading cotton____ 8776 tion is made only by the Superintendent of contracts covering 1948______8755 Railroad accidents to be re­ Documents, Government Printing Office, Cotton crop insurance for 1947 ported ------8776 Washington 25, D. C. and succeeding crops years_ 8766 Securities and Exchange Com­ The regulatory material iappearing herein is Flax crop insurance: keyed to the Code of Federal Regulations, mission which is published, under 50 titles, pursuant Annual contracts covering Notices : to section 11 of the Federal Register Act, as 1948 (dollar coverage)_____ 8750 Hearings, etc.: amended June 19, 1937. Continuous, covering 1948 and Minnesota Power & Light Co_ 8784 The F e d e r al R e g is t e r will be furnished by succeeding crop years (yield North American Light & mail to subscribers, free of postage, for $1.50 insurance)______;____ 8744 Power Co______8785 per month or $15.00 per year, payable in ad­ Tobacco crop insurance; annual United Light-and Railways Co. vance. The charge for individual copies contracts covering 1948______8760 (minimum 15<() varies in proportion to the et al______8784 size of the issue. Remit check or money Wheat crop insurance; annual Proposed rule making: order, made payable to the Superintendent contracts covering 1948 (dol­ Securities, certain, exemption of Documents, directly to the Government lar coverage, spring, wheat from section 11 (d) (1) of Se­ Printing Office, Washington 25, D. C. counties) (Corr.)______8766 curities and Exchange Act of There are no restrictions on the republica­ Federal Housing Administration 1934______8779 tion of material appearing in the F e d e r al Rules and regulations: R e g is t e r . Rules and regulations: Rules and regulations under Se­ ^ Field organization; locations— 8773 curities and Exchange Act of Federal Power Commission -1934; solicitations of proxies- 8768 Notices: State Department 1946 SUPPLEMENT Hearings, etc.: Rules and regulations: to the Fresno Irrigation District____ 8782 Relief assistance to war-devas­ New Orleans Public Service, tated countries; regulations of CODE OF FEDERAL Inc______8782 Secretary of State------8773 REGULATIONS Tennessee Gas Transmission Co______8782 CODIFICATION GUIDE United Gas Pipe Line Co____ 8782 The following books are now A numerical list of the parts of the Code available: Federal Reserve System of Federal Regulations affected by documents published in this issue. Proposed rules, as Book 1: Titles 1 through 8, Rules and regulations: Reserves of member banks, opposed to final actions, are identified as including, in Title 3, Presiden­ such in parentheses. standard for classification-of tial documents in full text with reserve cities______8766 Title 3— The President Page appropriate reference tables and Food and Drug Administration Chapter I —Proclamations: index. 2762______8731 Book 2: Titles 9 through 20. Rules and regulations: Insulin, certification of batches Title 5— Administrative Person­ Book 3: Titles 21 through 31. of drugs composed wholly of nel Book 4: Titles 32 through 37. partly of______:______8773 Chapter I—Civil Service Commis-_ Book 5: Titles 38 through ‘48. Interstate Commerce Commis­ sion: Book 6: Titles 49 and 50, in­ sion Part 30—Annual and sick leave cluding a general index and an­ regulations______8744 cillary tables. Notices : Cauliflower, reconsignment at Title 6— -Agricultural Credit These books may be obtained from the , 111______8782 Chapter II—Production and Mar­ Superintendent of Documents, Govern­ Railroad coal supply, furnish­ keting Administration (Com­ ment Printing Office, Washington 25, D. C., ing of cars: modity Credit) : at $3.50 per copy. Baltimore and Railroad Part 299—Poultry and poultry A limited sales stock of the 1945 C o ______L______8782 products------8744 Supplement (4 books) is still available Chicago & Eastern Illinois Title 7— Agriculture at $3 a book. Railroad Co. and New York Chapter IV—Federal Crop Insur­ Central Railroad Co______8783 ance Corporation: Whiskey, unloading at Colum­ Part 415—Flax crop insurance CONTENTS— Continued bia, S. C______8783 (2 documents)------— 8744,8750 Rules and regulations: Part 416—Corn crop insurance- 8755 Federal Communications Com- PaS® Car service: Part 417—Tobacco crop insur,- mission— Continued Empty cars, movement; ap­ ance— ______8760 Notices—Continued pointment of agent______8775 Part 418—Wheat crop insur- Hearings, etc.—Continued Follow-lot rule and two-for- ance______8766 Northern Indiana Broadcast­ one rule, suspension______8774 Part 419—Cotton crop insurance ers, Inc. (W IM S) ______8781 Perishables, restrictions on regulations for the 1947 and Western Union Telegraph Co_ 8780 reconsignment-______8775 succeeding crop years------87W} Wednesday, Decem ber 24, 1947 FEDERAL REGISTER 8733

19. Allman, Orville Sylmer, November 17, 65. Banfield, Robert Thomas, Jr., Decem­ CODIFICATION GUIDE— Con. 1943, Northern California. ber 15, 1943, Vermont. 20. Alston, Wiley, November 1, 1943, East­ 66. Bangert, Orlo Tony, June 28, 1943, Title 7— Agriculture— Con. Page ern North Carolina. Northern Ohio. Chapter IX — Production and 21. Alter, John Payne, , 1940, 67. Banks, Clyde Samuel, May 16, 1945, Marketing Administration Connecticut. Northern Illinois. (Marketing Agreements and 22. Amate, Atsushi Archie, October 8, 1945, 68. Barbagallo, Salvatore Dominic, Janu­ Orders) : Colorado. ary 19, 1944, Massachusetts. Part 944—Milk in Quad Cities 23. Amato, Jose, June 6, 1946, Western 69. Barber, Robert Watson, July 17, 1942, Texas. Northern Illinois. marketing area (proposed)— 8777 24. Amburgy, Claud Irvine, March 6, 1944, 7Q. Barker, Floyd Nelson, May 21, 1942, Title 12— Banks and Banking Eastern Kentucky. Northern Ohio. Chapter II—-Federal Reserve Sys­ 25. ' Amburgy, Kash Day, March 6, 1944, 71. Barletta, Harry, May 20, 1942, Southern Eastern Kentucky, New York. tem: 26. Amburgy, Marvin Edward, September 72. Barnett, Don Harold, January 19, 1943, Part 204—Reserves of member 20, 1943, Eastern Kentucky. Southern Ohio. banks------8766 27. Amburgy, Wayne Spencer, September 73. Bauer, Willis E.,_ January 12, 1942, Title Id— Civil Aviation 20, 1943, Eastern Kentucky. Northern Ohio. 28. Anderson, Critchlow, , 74. Bauman, Chester Wanner, May 17, 1943, Chapter I — Civil Aeronautics 1945, Northern Alabama. Northern Illinois. Board: 29. Anderson, Edward, October 27, 1942, 75. Baxter, Ben, October 23, 1943, . Fart 41—Certification and oper­ North Dakota. 76. Baxter, Lester Eugene, October 19, 1943, ation rules for scheduled air 30. Andersor, James, * , 1943, Northern Illinois. carrier operations outside the Eastern Missouri. 77. Baylor, Michael Lee, July 26, 1946, continental limits of the 31. Anderson, Walter, , 1944, Southern Alabama. United States------8767 Western Washington. 78. Beard, Donald Roy, January 27, 1944, Part 43 — General operation 32. Andrews, Bennett Wilbur, April 14, Eastern Missouri. 1943, Eastern Pennsylvania. 79. Beasley, James Elmer, March 18, 1946, rules______-— 8767 33. Angel, Ernest Wilson, November 4, 1942, Western Virginia. Title 17— Commodity and Se­ Middle North Carolina. 80. Becker, Leslie Clyde, September 20, curities Exchanges 34. Aniol, Edward Theodore, May 16, 1945, 1944, Western . Northern Illinois. 81. Bee, Hpward Gillis, July 6, 1944, North­ Chapter II—Securities and Ex­ 35. Antes, Castor Gigo, August 18, 1942, ern West Virginia. change Commission: Hawaii. 82. Begin, J. Alcide Bertrand, October 9, Part 240—General rules and 36. Antonitis, George, May 22, 1942, East­ 1946, Vermont. regulations, Securities Ex­ ern Pennsylvania. 83. Bell, Tobias Jethru, May 15, 1944, change Act of 1934------8768 37. Areguello, Miguel, August 6, 1945, Southern Mississippi. Proposed------8779 Southern Texas. 84. Belton, Paul, , 1944, East­ 38. Asai, Dix Takuro, October 31,1944, Colo­ ern South Carolina. Title 21— Food and Drugs rado. 85. Benedict, Donald LaVerne, December Chapter I—Food and Drug Admin­ 39. Asai, Fred Teruo, October 31,1944, Colo­ 29, 1943, New Jersey; November 14, 1940, istration, Federal Security rado. Southern New York. Agency: 40. Asay, John Burns, February 26, 1945, 86. Bennett, Paul Edward, November 22, Northern Illinois. Part 144—C e r t ific a t io n of 1943, Eastern Arkansas. 41. Asber, George, December 1, 1942, East­ 87. Bently, John Henry, January 25, 1944, 'i batches of drugs composed ern Pennsylvania. Southern Florida. wholly or partly of insulin----- 8773 42. Asher, Silas Albert, July 1, 1946, East­ 88. Berekoff, John James, May 25, 1945, Title 22— Foreign Relations ern Arkansas. Southern California. 43. Ashford, John Lee, , 1945, Chapter I—Department of State : 89. Berry, Odell, July 13, 1944, Eastern New Eastern Pennsylvania. York. Part 99 (see Part 401). 44. Ashley, Albert Royall, June 18, 1942, 90. Berschauer, Arthur Rohland, March Part 401—Relief assistance to Eastern Tennessee. 26, 1945, Kansas. war-devastated countries----- 8773 45. Atkins, Jerome, July 28, 1943, Eastern 91. Best, Robert, March 9, 1943, Eastern Title 24— Housing Credit New York. Pennsylvania. 46. Atwell, Perry Brittan, November 18, •92. Betz, Merle Don, March 10, 1944, Colo­ Chapter V—Federal Housing Ad­ 1943, Southern West Virginia. rado. ministration : 47. Auman, Arthur Berton, April 1, 1942, 93. Bevilacqua, Joseph G., November 14, Part 500—General______8773 Southern Indiana. 1940, Southern New York. Title 33— Navigation and Navi­ 48. Austin, Jessie, August 31,1943, Western 94. Bibbins, Edward M., March 13, 1944, Texas. Eastern Pennsylvania. gable Waters 49. Ayotte, Euclid Duke Fred, March 9,1944, 95. Bible, Reginald Allen, January 11, 1943, Chapter I —Coast Guard, Depart­ Northern New York. Eastern Virginia. ment of the Treasury : 50. Backer, David M., November 8, 1943, 96. Bigelow, William Moody, November 20, Part 1—General organization Southern Mississippi. 1944, Western New York. and jurisdiction______8773 51. Badgeley, Kenneth Carl, January 28, 97. Bilan, Frank, October 29, 1942, Middle 1944, Southern Ohio. Pennsylvania. Title 47— Telecommunication 52. Baggett, Noal', May 6, 1944, Western 98. Bishop, Kenneth Russel, , Chapter I—Federal Communica­ Oklahoma. 1945, Oregon. tions Commission: 53. Bailey, Claude Ivan, July 30, 1946, 99. Bitano, Mariano, October 27, 1942, Idaho. Hawaii. Part 3—Radio broadcast serv­ 54. Bailey, William George, April 19, 1943, ices (proposed)______8778 100. Blackwood, Dr. Jeff Davis, June 30, Eastern Arkansas.’ 1942, Eastern Arkansas. Part 8—Ship service______8773 55. Baity, Wilsie Gray, May 18,1943, Sliddle 101. Blankenship, Thomas, June 26, 1942, Part 13—Commercial radio op­ North Carolina. Southern West Virginia. erators______8773 56. Baker, Jesse Everett, March 14, 1945, 102. Blanton, John Ellis, May 8, 1946, Southern New York. Title 49— Transportation and Florida. 57. Baker, Paul Wilmer, April 12, 1943, 103. Blasiak, David T„ March 3, 1944, New Railroads Kansas. Jersey. Chapter I—Interstate Commerce 58. Baker, Richard Collins, , 104. Bleich, Fred Charles, June 22, 1943, Commission : 1941, Eastern Pennsylvania. Southern Florida. 59. Baker, William Louis, November 13, 105. Bleich, Lesbur, November 22, 1944, Part 95—Car service (8 docu­ 1944, Northern Texas. ments) ______8774, 8775, 8776 Southern Florida. 60. Baldwin, Woodie Odell, July 21, 1943, 106. Bohlman, Richard August, May 22, Part 125—Railroad accidents; Southern West Virginia. reports and classification!— 8776 61. Ball, James Woodrow, November 80, 1945, Minnesota. 1940, Southern Iowa. July 2, 1943, Southern 107. Bohorchas, Alexander James, May IX, Mississippi. 1942, Northern California. 16. Alexander, David, June 21, 1943, 62. Baltazar, Simeon R., June 4, 1945, 108. Booker, Clyde, May 27, 1946, Western Oregon. Northern California. Louisiana. 17. Allen, James Kenneth, June 2, 1941, 63. Balthasar, Joseph John, August 29,1945, 109. Boomgaarden, Lloyd Weird, Northern Idaho. Southern New York. * Iowa. 18. Allen, Sam, March 11, 1943, Southern 64. Balzhauser, William, June 16, 1943, 110. Boon, Joe, June 20, 1944, Eastern Florida. Northern California. Arkansas. 8734 RULES AND REGULATIONS

111. Boone, James Otis, November 3, 1943, 157. Bury, Daniel, October 22, 1942, North­ 202. Church, Frederick Anthony, April 23, Southern Iowa. ern Ohio. 1943, Vermont. 112. Bowen, James Lamar, January 15, 158. Butcher, George McFarland, Jr., Jan­ 203. Claire, Edwin Street, May 3, 1947, 1945, Southern Florida. uary 15, 1945, Connecticut. Southern Iowa. 113. Bowman, David Franklin, February 5, 159. Butl, Mario, June 1,1944, Eastern New 204. Clark, Bronson Pettibone, April 16, 1944, Southern Indiana. York. 1943, Northern Ohio. 114. Bowman, Ralph Calvin, June 7, 1944, 160. Buzzelli, Joseph Anthony, March 5, 205. Clark, Duke, January 17,1944, Western Western Missouri. 1943, Southern New York. Tennessee. 115. Bozman, William Wilson, August 14, 161. Byrd, Frank, June 9, 1943, Western 206. Clark, Everett Harry, April 12, 1943, 1942, Maryland. Louisiana. Eastern Missouri. 116. Bracken, Ernest, January 24, 1945, 162. Byrd, Robert Percell, January 12, 1943, 207. Clark, Floyd Walter, July 13, 1942, Northern Illinois. Eastern Virginia. Southern Ohio. 117. Branch, Earl Lemnell, February 22, 163. Cahoon, Ralph Henry, Jr., March 1, 208. Clark, William, October 22, 1945, 1943, Southern Florida. 1945, Southern Texas. Northern New York. 118. Branch, Robert Lee, October 18, 1943, 164. Calhoun, David Brannon, September 209. Clark, William W., December 4, 1940, Eastern North Carolina. 25, 1942, Connecticut. Connecticut. 119. Brandt, John Charles, October 30, 165. Calibuzo, Francisco Nuevo, May 18. 210. Clay, Herbert, May 25, 1944, Eastern 1942, Northern California. 1944, Northern California. Missouri. 120. Brenzovich, Frank, Jr., , 166. Callahan, Hedrick, November 1, 1943, 211. Clayton, Willie James, January 4,1943, 1944, Northern Ohio. Middle North Carolina. Southern Florida. 121. Brewington, Ervin, September 21,1945, 167. Campbell, Hassell Andrew McNeil, 212. Cline, Curtis, July 19, 1941, Southern Eastern North Carolina. March 22, 1944, Soqfhern Mississippi. Texas. 122. Briggs, Carl Maynard, June 14, 1943, 168. Campos, Baudelio, June 6, 1946, West­ 213. Coan, Donald Wilson, November 14, Arizona. ern Texas. 1945, Southern California. 123. Bright, Christopher Columbus, Jr., 169. Cannon, Brewer Jesse, October 4, 1944, 214. Cobb, Howard Theodore, , May 28, 1942, Northern Oklahoma. Northern Florida. 1944, Middle North Carolina. 124. Bristol, James Ellery, October 31,1941, 170. Cannon, James, September 20, 1945, 215. Cochran, John Francis, April 12, 1946, New Jersey. Southern Florida. Middle Georgia. - 125. Britt, James Eason, January 21, 1946, 171. Cantu, Alonzo, May 17, 1946, Southern 216. Coffin, Glen Dale, June 5, 1945, North­ Eastern South Carolina. Texas. ern North Carolina. 126. Brittingham, Littleton Thomas, Feb­ 172. Carbray, John Samuel, November 30, 217. Collins, Boyd William, , ruary 16, 1945, Eastern Pennsylvania. 1943, Western Arkansas. 1944, Northern Indiana. 127. Brodeur, Leon Edward, July 27, 1944, 173. Cardell, Charles Edwin, October 17, 218. Collins, George John, April 20, 1942, Southern California. 1944, Southern Ohio. Nebraska. 128. Brooke, James Charles, September 27, 174. Care, Richard Winfield, June 21,*1944, 219. Collins, Henry Buddy, April 21, 1945, 1943, Eastern Pennsylvania. Eastern Pennsylvania. Eastern Missouri. 129. Brooks, Arle, , 1942, South­ 175. Carpenter, Charles Everlyn, March 29, 220. Collura, John Angelo, March 3, 1943, ern Mississippi. 1944, Eastern Pennsylvania. Southern New York. 130. Brooks, Simon, April 21, 1943, Eastern 176. Carpenter, Fred Joseph, September 221. Colon Zayas, Victor Manuel, August 13, Louisiana. 11, 1945, Northern Ohio. 1943, Puerto Rico. _ 131. Brovont, Howard E., March 20, 1944, 177. Carr, John Waldamar, June 18, 1943, 222. Colvin, Thomas Jefferson, June 5, Western Michigan. Northern Illinois. 1946, Eastern Illinois. 132. Brown, Alfred Junior, December 8, 178. Carr, Paul Calvin, October 25, 1943, 223. Conidi, Charles, October 9, 1944, 1943, Northern Oklahoma. Northern Illinois, November 26, 1945, North­ Southern California. 133. Brown, David Wallace, April 6, 1944, ern Illinois. 224. Conovaloff, Dan Jack, September 24, Massachusetts. 179. Carras, John Nick, November 23, 1943, 1945, Southern California. 134. Brown, Frank, September 8, 1944, Western South Carolina. 225. Conrow, Darling Thornton, September Middle Georgia. 180. Carrasquillo, Justine Hernandez, July 30, 1943, Eastern Michigan. 135. Brown, Harry Edward, September 23, 28, 1944, Puerto Rico. 226. Constangy, Herbert W., October 5, 1943, Southern Florida. 181. Carroll, Philip Francis, April 10, 1945, 1945, Northern Georgia. 136. Brown, Irvin Walter, January 12, 1945, Northern Ohio. 227. Cook, Roy Lee Douglas, October 8, Western Texas. 182. Carswell, Samson, December 18, 1943, 1945, Western Texas. 137. Brown,-James, August 14, 1942, South­ Southern Florida. 228. Cooley, Frederick Allen, , ern Florida. 183. Carter, David Earl, May 16, 1944, 1942, Western Pennsylvania. 138. Brown, John, March 26,1943, Southern Eastern Wisconsin. 229. Coonce, Leslie Dean, June 13, 1944, Florida. 184. Carter, Joseph, September 22, 1944, Eastern Michigan. 139. Brown, Leonard W., October 30, 1943, Eastern Pennsylvania. 230. Cooper, B. F., May 25, 1942, Eastern Eastern Missouri. 185. Carter, Winslow Halbert, May 9, 1945, Arkansas. 140. Brown, Robert Grady, May 20, 1943, Middle North Carolina. 231. Cooper, Samuel, January 14, 1943, Northern Indiana. 186. Cassels, James Joseph, July 16, 1942, • Northern Ohio. 141. Brown, Walter, February 22, 1945, Northern Illinois. 232. Cooper, Sydney Franklin, December Southern Mississippi. 187. Cast, Robert, March 3, 1942, Southern 14, 1944, Eastern New York. 142. Browning, Delbert Romane, June 29, Mississippi. 233. Copeland, Thomas Shell, December 14, 1942, Western Missouri. 188. Castle, Carl, October 19, 1942, Eastern 1942, Eastern Arkansas. 143. Broze, Zenon Richard, May 18, 1944, Arkansas. 234. Corcoran, Harvey Frankel, February Northern Ohio. 189. Castle, Norvin Glenn, November 18, 7, 1944, Eastern Pennsylvania. 144. Bubriak, Charles, July 19, 1943, New 1943, Northern West Virginia. 235. Cordes, Edward J., September 3, 1942, Jersey. 190. Castro, Solomon, March 16, 1945, Southern New York. 145. Buchnoff, Jim William, April 24, 1943, Northern California. 236. Corey, Douglas Quaid, November 22, Southern California. 191. Caudill, Earl Ray, March 13, 1944, New 1943, Southern California. <* 146. Buck, George D., December 22, 1942, . 237. Cornelius, Kenneth Eric, , Northern California. 192. Chady, Otto Edward, April 14, 1944, 1944, Northern Illinois. 147. Buelow, Merle Robert, March 13, 1946, Eastern Michigan. 238. Cornell, Clark M., February 14, 1941, Northern Ohio. 193. Chandler, Charles, June 5,1944, North­ Idaho. 148. Buenrostro, Santan, December 14, ern Indiana. 239. Cosentina, Michael Angelo, May 14, 1944, Southern Texas. 194. Chapman, Russell Sage, January 4, 1946, Eastern New York. 149. Bumphrey, Floyd Ossian, June 6, 1943, Eastern Pennsylvania. 240. Cote, Gordon Ross* July 9, 1945, East­ 1944, Southern California. 195. Chase, Ernest Lorenzo, June 28, 1943, ern Virginia. 150. JJumstead, Max Francis, November 6, Eastern Wisconsin. 241. Cottrell, Arthur, September 16, 1944, 1944, Southern California. Eastern Oklahoma. 196. Chatman, Andrew, October 18, 1943, 151. Burchard, Lloyd August, October 1, 242. Cottrell, Elton Elva, October 2, 1944, Middle Georgia. 1943, Colorado. Eastern Oklahoma. 152. Burgess, Janies, October 5, 1942, East­ 197. Chavarria, Anastacio, Jr., October 16, 243. Cottrell, Harold, May 19, 1944, Western 1945, Southern Texas. ern Arkansas. Oklahoma. 153. Burgh, John Stanley, February 4, 198. Cherry, Joseph, March 9, 1942, Eastern 244. Counslor, Hosie, March 13, 1944, East­ 1944, Northern California. Pennsylvania. ern Arkansas. 154. Burkett, Billie Joe, February 1, 1945, 199. Chisn, William Arlie Colombus, Feb­ 245. Counts, Winfield Andrew, March 22, Western Texas. ruary 2, 1943, Eastern Illinois. 1945, Western Virginia. 155. Burnett, Frank Hester, January 24, 200. Christenson, Charles pordon, Novem­ 246. Covert, George Lyle, Jr., May 29, 1945, 1945, Northern Alabama. ber 4, 1942, Minnesota. Oregon. 156. Burton, Clifford, , 1943, 201. Christie, Joe Squash, April 8, 1941, 247. Cowan, Gains Gilford, July 23, 1942, Southern New York. Eastern Oklahoma. Eastern Arkansas.

.* Wednesday, Decem ber 24, 1947 FEDERAL REGISTER 8735

248. Cox, J. C., May 16, 1944, Northern 295. Detwiler, Stanley Warren, January 22, 341. Erland, Edwin Milton, July 12, 1945, Alabama. 1945, Arizona. Southern Florida. 249. Cox, Willie, June 22, 1945, Western 296. DeVoe, Frank, March 22, 1946, South­ 342. Errichetti, Edward Anthony, March 4, Tennessee. ern Georgia. 1943, Connecticut. 250. Cfagie, Stanton Collins, March 11, 297. Dewey, Alexander Harlow, February 343. Estes, George Clyde, January 10, 1944, 1943, Eastern New York. 18, 1941, Kansas. Northern Ohio. 251. Cranflll, William Ross, July 9, 1942, 298. Dexter, Charles, July 1,1942, Northern 344. Eto, Yukio, July 9, 1945, Wyoming. Northern Texas. Indiana. 345. Everett, Napoleon, May 17,1946, South­ 252. Cravey, John Marvin, November 6, 299. Dickinson, Joseph Romlus, February ern Florida. 1945, Southern Alabama. 27, 1943, Northern Alabama. 346. Everingham, Benjamin C., February 3, 253. Cripple, Robert, March 8, 1943, Eastern 300. Dimuccio, Edward Arthur, April 5, 1941, December 2, 1942, Maryland. Kentucky. 1943, Rhode Island. 347. Fain, Ira Dover£, January 22, 1943, 254. Croker, James, June 19, 1944, Eastern 301. Dixie, John Thomas, October 7, 1942, Southern West Virginia. Missouri. Northern Ohio. 348. Fair, Albert, January 17, 1945, South­ 255. Cromedy, David, April 21,1943, South­ 302. Dixon, C. P., May 22, 1944, Western ern Georgia. .. ern Florida. Kentucky. 349. Farmer, Creeversie, May 17, 1943, 256. Crooks, Robert, March 11, 1944, North­ 303. Dobbins, Arvil Wiley, November 6, Southern Mississippi. ern Alabama. 1946, Middle North Carolina. 350. Fedorka, Theodore, January 14, 1944, 257. Crowder, Paul, October 23,1945, North­ 304. Dolbear, Walter Bernard, July 30, 1943, Southern New York. ern California. Southern Texas. 351. Fedorka, Walter, January 26, 1944, 258. Crucis, Amelio, May 25, 1943, Western 305. Domanski, Frank Adolph, June 4, 1943, Southern New York. Pennsylvania. Eastern Michigan. 352. Fehrenback, Conrad Darwin, Novem­ 259. Cullen, James A., Eastern Missouri. 306. Dorsey, Willie F., April 1, 1941, Arizona. ber 3, 1941, Nevada. 260. Cunningham, Troy Fred, May 25, 1945, 307. Dortch, Nelson, April 2, 1943, Eastern 353. Fenske, Wallace William, April 11, Western Arkansas. Missouri. 1946, Nebraska. 261. Cuthbertson, Kenneth Earl, Decem­ 308. Doudna, Joseph Sylvester, July 27, 354. Ferris, Rudolph Walter, January 21, ber 6, 1943, Eastern Pennsylvania. 1944, Southern Ohio. 1944, Eastern Michigan. 262. Cyr, Eldon Leo, April 11, 1944, Kansas. 309. Dougherty, Michael R., May 1, 1946, 355. Ferruggio, John, March 7, 1945, South­ 263. Dalawesant, Beleno, May 5, 1942, «. Northern California. ern New York. Hawaii. y 310. Douglas, Sherman Lee, , 356. Fields, Norris, Jr., , 1945, 264. Dalton, Albert, January 11, 1943, Ken­ 1942, Eastern Illinois. Southern Alabama. tucky. 311. Douglass, Walter Robert, November 16, 357. Fink, Belfie Elmer, January 12, 1942, 265. Dandy, Henry, February 2, 1945, 1944, Northern Ohio. Eastern Oklahoma. Southern Florida. 312. Dowdell, Garfield Duke, February 8, 358. Fischer, Robert Allen, November 3, 266. Daniels, C. W., May 28, 1946, Middle 1945, Northern Alabama. 1943, Southern Ohio. Georgia. 313. Duarte, Rafael Roberto, February 1, 359. Fischia, Michael John, June 18, 1945, 267. Daniels, Lorenzo James, December 13, 1943, Arizona. • Southern New York. 1944, Minnesota. 314. Duncan, Albert Lee, March 13, 1945, 360. Fisher, Dale Martin, September 5,1945, 268. Darling, Henry E., June 2, 1943, Ore­ Western Kentucky. Southern Ohio. gon. 315. Dunkel, Ralph Edward, January 27, 361. Fisher, Dugald, Jr., October 20, 1941, 269. Davies, John William, Jr., October 27, 1942, Southern Ohio. Hawaii. 1943, Middle Pennsylvania. 316. Dunmyer, Ray Strayer, October 24, 362. Fisher, George Calvin, September 18, 270. Davis, Arthur Alvin, Jr., November 18, 1945, Delaware. 1942, Western Pennsylvania. 1945, Northern Georgia. 317. Dunn, Charles Arvin, September 11, 363. Fitzpatrick, Edward Clayton, May 12, 271. Davis, Clyde Alfred, October 5, 1943, 1944, Middle North Carolina. 1944, Northern California. Eastern Virginia. 318. Dunning, Willie Albert, July 26, 1943, 364. Fletcher, Norman Collings, October 1, 272. Davis, James, May 26, 1945, Southern Middle Georgia. 1943, Connecticut. Florida. 319. Durand, John, March 11, 1943, Eastern 365. Flora, Eugene Edward, November 22, 273. Davis, Joseph Henry, June 27, 1946, New York. 1943, Southern Ohio. Northern Illinois. 320. Durant, Ulysses, August 26, 1943, East­ 366. Flora, Glenn William, January 3, 1945, 274. Davis, Louis Henry, February 3, 1944, ern Pennsylvania. Southern Ohio. Northern Ohio. 321. Dvorak, Leo Frank, October 31, 1942, 367. Flores-Rey, Ernesto, July 5, 1945, 275. Davis, Paul Lester, December 6, 1943, Minnesota. Western Texas. Eastern Tennessee. 322. Dyer, Andrew M., December 14, 1943, 368. Floomar, Lloyd Frederick, November 276. Davis, Walter Riddle, March 8, 1943, Kansas. 7, 1946, Arizona. Western Pennsylvania. 323. Easter, Andrew L„ May 25, 1945, Ar­ 369. Foltanek, Frank Ferdinand, May 18, 277. Davis, William Russell, May 29, 1944, kansas. 1944, Northern Illinois. Northern Oklahoma. 324. Ebbert, George Stanley, May 24, 1946, 370. Foote, Caleb, June 26, 1945, Northern 278. Dawkins, Maurice C., November 16, Northern California. California. 1944, Nebraska. 325. Eby, Isaac Shirk, January 6, 1942, Sep­ 371. Forrest, General Harrison, May 15, 279. Deal, Rhonda, June 12, 1944, Eastern tember 18, 1944, Eastern Pennsylvania. 1944, Southern Mississippi. Pennsylvania. 326. Eder, Erwin Julius, October 26, 1943, 372. Forrester, James Rubin, May 8, 1945, 280. Dean, Bernal, Jr., November 3, 1944, Eastern Missouri. Southern Ohio. Northern Indiana. 327. Edwards, Bruce Eugene, July 26, 1944, 373. Forrester, Lawrence Franklin, October 281. Deane, Loren Ray, October 4, 1944, Northern Illinois. 19, 1944, Middle North Carolina. Western Missouri. 828. Edwards-, George Washington, June 374. Fort, Ivan E., March 31, 1941, Eastern 282. Debaloos, Valentine Biglun, August 19, 1942, Middle Georgia. Michigan. 18, 1942, Hawaii. 329. Edwards, William Pearson, September 375. Foss, Frederick Vance, January 18, 283. DeBeausset, Michael, December 7, 7, 1943, Middle North Carolina. 1944, Maine. 1942, Eastern Pennsylvania. 330. Ehrman, Raymond John, December 8, 376. Foster, Floyd Raymond, June 30, 1942, 284. DeBlanc, Edward Marshall, August 9, 1942, Northern Indiana. Eastern New York. 1943, Eastern Louisiana. 331. Eikenberry, Donald Thane, May 22, 377. Fountain, Richard, November 5, 1942, 285. Decker, Howard E„ March 19, 1943, 1944, Northern California. Northern Alabama. New Jersey. 332. Eisle, William John, October 13, 1943, 378. Fox, Floyd Elam, February 16, 1945, 286. Defranco, Adrian, September 19, 1944, Eastern New York. Eastern Pennsylvania. Northern Ohio. 333. Eith, Edward Anthony, March 18, 1942, 379. Frazier, Dossie, May 28, 1946, Northern 287. DeHart, William Robert, October 2, Eastern Missouri. Georgia. 1944, Western New York. 334. Eldridge, Frank Thomas, July 13, 1944, 380. Frazier, James Lonnel, November 9, 288. Dejernett, Walter, March 2, 1945, East­ Eastern New York. 1945, Northern Alabama. ern Michigan. 335. Ellenberger, Lester Elias, July 2, 1945, 381. Frazier, William Chester, July 14, 1943, 289. DeLucke, Daniel Louis, October 15, Southern California. Eastern Missouri. 1942, Delaware. 336. Ellis, David, July 7, 1942, Northern 382. Freeman, Earl Dale, December 3, 1945, 290. DeLuke, Anthony Paul, October 15, Texas. Southern Iowa. 1942, Delaware. 383. Freeman, Merle Lee, October 16, 1945, 337. Ellis, Robert, March 18, 1946, Eastern 291. Dempsey, Lewis, October 3, 1942, Western Texas. Southern Georgia. Pennsylvania. 384. Friedt, Mervin Ray, February 4, 1944, 292. Denny, William Bernard, June 28, 838. Elsas, Floyd Ortie, May 15,1944, South­ Northern Ohio. 1945, Maryland. ern California. 385. Fujihara, Shiro, October 2,1944, Idaho. 293. Derby, Glenn, July 1, 1942, Northern 339. English, Ralph Harry, July 2, 1945, 886. Fujii, John Jiro, July 9,1945, Wyoming. Ohio. Eastern Virginia. 387. Fujii, Shigeru, May 26, 1944, Wyoming. 294. Desatoff, George Jack, May 22, 1944, 340. Ensley, Barton Arthur, December 6, 388. Fujimoto, Albert Kenji, October 7, Southern California. 1943, Western Pennsylvania. 1946, Arizona. 8736 RULES AND REGULATIONS

389. Fujinaka, Tatsuo George, February 21, 435. Goodwin, Luther A., June 13, 1945, 481. Hargraves, Harry H., June 22, 1942, 1945, Southern Idaho. New Mexico. Western New York. 390. Fujioka, Tom Tamotsu, October 7, 436. Górecki, Raymond, April 10, 1944, 482. Harryman, Isaac James, April 3, 1944, 1946, Arizona. Eastern Wisconsin. Northern Oklahoma. 391. Fujioka, Yasuto, November 8, 1946, 437. Gott, James Livingston, May 25, 1945, 483. Harryman, Joel Franklin, September Arizona. New Jersey. 13, 1943, Western Arkansas. 392. Fujita, Hideo Frank, October 7, 1946, 438. Grady, Martin, April 2, 1943, Middle 484. Harsnett, Royal Joseph, July 24, 1942, Arizona. Tennessee. Eastern New York. 393. Fujiwara, Hideyuki Henry, October 2, 439. Gray, Harry Rean, , 1942, 485. Hartl, Frank, April 27, 1943, Nebraska. 1944, Idaho. Western Pennsylvania. 486. Hartl, Louis, September 21, 1942, Ne­ 394. Fujizawa, Teruo, October 7, 1946, 440. Gray, Leon, May 15, 1944, Southern braska. Arizona. Mississippi. 487. Hashimoto, Masaru, March 27, 1944, 395. Fullenwider, Everett Verne, March 28, 441. Grayson, Frank, May 25, 1942, Eastern Arizona. 1944, Northern California. Kentucky. 488. Hastings, Countfrederick Carl, Sep­ 396. Furusaki, Joseph, October 7, 1946, 442. Green, Jim, October 9, 1942, Western tember 29, 1942, Eastern Illinois. Arizona. Louisiana. 489. Hatakeda, Jimmie Junichl, October 397. Gable, Chester Wayne, January 5, 1945, 443. Green, Robert, June 1,3, 1942, Arizona. 7, 1946, Arizona. Northern Ohio. 444. Green, Thomas James, March 12, 1842, 490. Hatfield, Fred Woodrow, October 15, 398. Gabrio, Louis Charles, March 23, 1945, Eastern Pennsylvania. 1945, Eastern Arkansas. New Jersey. 445. Greenberger, Murray J., July 6, 1942, 491. Hatfield, John Dale, March 18, 1943, 399. Galt, Ralph Martin, January 14, 1943, Southern New York. Eastern Illinois. Southern Indiana. 446. Greer, James Othello, May 17, 1943, 492. Hatfield, Thomas Harold, October 15, • 400. Gamble, Willie Kirk, December 27, Northern Texas. 1945, Eastern Arkansas. 1943, Rhode Island. 447. Greever, Glenn Kenneth, July 2, 1945, 493. Hatton, Allen, February 23, 1944, Del­ 401. Ganialongor Pelipe, February 15, 1943, Southern California. aware. Hawaii. 448. Gregorieff, William William, August 494. Hawes, Francis Carter, March 11, 1942, 402. Garcia, Adan Guerra, October 17, 1945, 28, 1944, Southern California. Eastern Pennsylvania; October 14, 1943, East­ Southern Texas. 449. Gregory, Joseph, June 15, 1942, East­ ern Pennsylvania. 403. Garcia, Alberto Saucedo, August 9, ern Pennsylvania. 495. Hawkins, James Ralph, March 10,1943, 1946, Western Texas. 450. Griffin, Bernard Stratton, October 21, Eastern New York. 404. Garcia, Anastacio Herrera, August 11, 1943, Middle Alabama. 496. Hawkins, Robert James Francis, Sep­ 1942, Arizona. 451. Griffin, Emmett J., October 11, 1943, tember 10, 1942, Western Washington. 405. Garfield, K. C., May 11, 1945, Northern Eastern Pennsylvania. 497. Hayami, Yoshito Smith, October 2, Mississippi. 452. Grisson, Robert Allen, October 9, 1944, 1944, Idaho. 406. Garrett, James Robinson, May 9, 1944, Eastern Missouri. 498. Hayes, Clyde Morton, March 27, 1943, Western Kentucky. Southern New York. 453. Gritton, Alpha Herndon, May 18, 1943, 407. Garst, Merritt Eugene, Jr., June 26, Oregon. . 499. Hayward, Norman, , 1946, Eastern Missouri. 1941, Eastern Pennsylvania. 454. Grivnow, John, December 10, 1943, 500. Heatwole, James, September 29, 1943, 408. Gast, Fred Car, Jr., December 17, 1943, Western Pennsylvania. Eastern Pennsylvania. Northern Ohio. 455. Groff, Weidler Solomon, Jr., Septem­ 501. Hedges, Henry Cassaway, December 409. Gast, Robert Theodore, April 11, 1944, ber 26, 1944, Eastern Pennsylvania. 10, 1942, Northern West Virginia. Northern Ohio. 456. Guerrero, Felipe Figuerra, October 18, 502. Heiden, George Richard, February 7, 410. Gates, Alfred, July 19, 1941, Arizona. 1943, Southern New York. 1944, Northern Illinois. 411. Gates, Irvin Edward, November 6, 1944, 457. Guillen, Jose Cepeda, August 2, 1946, 503. Held, Guy, Jr., December 2, 1946, Northern California. Western Texas. 458. Gutierrez, Jose Gutierrez, September Northern California. 412. Gellrich, William Walter, September 504. Helms, George Irving, November 14, 14, 1944, Northern California. 25, 1946, Southern California. 1942, Hawaii. 413. Get, Lim Sing, December 11, 1943, 459. Guy, William, Sr., February 26, 1943, New Jersey. 505. Helms, William, January 2,1947, West­ Northern California. ern Arkansas. 414. Gianopoulos, James, October 10, 1945, 460. Guyder, John Scribner, July 12, 1945, Northern New York. 506. Helmuth, Jerry, June 1,1943, Northern Massachusetts. Indiaha. 415. Gibson, Irving Louis, May 13, 1942, 461. Guzman, Bruno Viloria, February 17, 1943, Hawaii. 507. Hendershot, Harvey J., February 25, Eastern Pennsylvania. 1943, Eastern Michigan. 462. Haley, Samuel Ernest, February 14, 416. Giese, Willie Erie, February 7, 1944, 508. Henderson, Bob, November 13, 1943, 1944, Western Missouri. District of Columbia. Southern Florida. 463. Hall, Early Junior, February 1, 1943, 417. Gilmer, Cooper Hyde, May 29, 1946, 509. Henderson, John Henry, October 8, Middle North Carolina. Eastern Tennessee. 1946, Middle Georgia. 464. Hall, Richard Albert, February 3, 1942, 418. Gilyard, John Henry, August 27, 1946, 510. Henley, Robert Newton, December 5, Southern Ohio. Southern New York. 1946, Middle North Carolina. 465. Hall, Samuel Raymond, May 11, 1942, 419. Gingerich, George, March 26, 1942, 511. Henry, Rene Albert, March 13, 1944, Southern Texas. Southern Indiana. Nebraska. 420. Glaab, Stephen Joseph, November 12, 466. Hall, Thomas, April 29, 1942, South­ 512. Hensley, Bea Ellis, November 12, 1942, ern New York. 1942, Eastern New York. Western North Carolina. 421. Glaser, Alan Thomas, May 24, 1946, 467. Hall, Wilbur Z„ December 6, 1943, 513. Hensley, Jeter E., November 12, 1943, New Jersey. Northern West Virginia. Wèstern North Carolina. 422. Glixon, David, December 10, 1943, 468. Hall, William Rogers, August 29, 1946, 514. Henson, Abbott Carlton, May 15, 1944, Southern New York. Southern New York. Northern Alabama. 423. Glixon, Neil Henry, December 9, 1943, 469. Haller, John, September 28, 1942, 515. Herling, Albert, February 11, 1941, Eastern New York. Northern California. Southern New York. 424. Glover, Qeorge H., September 20, 1945, 470. Hamilton, Milton Robert, March 21, 516. Herman, George, March 25, 1941, East­ New Jersey. T944, Western Pennsylvania. ern Illinois. 425. Godfrey, Norman, May 12, 1941, East­ 471. Hamm, Frederick W., May 12, 1943, 517. Hernandgz, Francisco Gonzalez, July ern Pennsylvania. Eastern Louisiana. 25, 1946, Western Texas. 426. Godwin, Alphonso, October 26, 1942, 472. Hampson, William James, June 29, 518. Hershey, Walter Daniel, September 30, Eastern North Carolina. 1942, Northern Ohio, 1943, Minnesota. 427. Goehring, Gordon Saunders, June 16, 473. Hampton, Roosevelt, July 1, 1943, 519. Hesson, Harold Oakland, June 8, 1941, 1943, Northern Ohio. Western Louisiana. Southern California. 428. Goff, Harland Emerson, June 18, 1945, 474. Han, Paul Ba Wool Han, January 26, 520. Heya, JameirKenji, June 30,1944, Colo­ Northern Ohio. 1945, Hawaii. rado. 429. Goishi, Kazuto . Jimmy, October 7, 475. Hanaran, John Joseph, August 27, 521. Hibbs, Forrest Melvin, September 6, 1946, Arizona. 1942, Eastern New York. 1945, Nebraska. 430. Gomez, Jesus, October 9, 1946, West­ 476. Hanawalt^ Albert Edgar, October 29, 522. Hickman, Isaac, November 8, 1944, ern Texas. 1942, Middle Pennsylvania. Eastern South Carolina. 431. Gonzalez, Dionicio, February 2, 1946, 477. Hanlon, James J., June 11, 1942, East­ 523. Hicks,' Louis, July 30, 1942, Eastern Southern Texas. ern Pennsylvania. New York. 432. Goodall, Thomas J., February 21, 1944, . 478. Hannibal, Richard Charles, October 19, 524. High, William Coys, July 24, 1941, Middle Tennessee. 1943, Eastern New York. Western Tennessee. 433. Goodman, William Louis, June 21, 479. Harbin, Jakie, June 11, 1943, Eastern 525. Higuchi, Mutsuo, July 9, 1945, Wyo­ 1945, Northern Ohio. Tennessee. ming. 434. Goods, Jim S., January 21, 1944, Dis­ 480. Harden, Jessie Lee, August 29, 1945, 526. Hill, Charley, February 6, 1943, Middle trict of Columbia. Middle Georgia. » Georgia. * "Wednesday, Decem ber 24, 1947 FEDERAL REGISTER 8737

527. Hill, Labor, March 2, 1943, Eastern 674. Ikemiya, Joe Yoshikazi, March 27, 621. Johnson, Alphonso, November 1, 1946, Illinois. 1944, Arizona. Northern Georgia. 528. Hill, Richard Carl, May 18, 1945, East« 575. Ikemiya, Masaru Jim, March 27, 1944, 622. Johnson, Clifford Martin, October 9, ern Michigan. Arizona. 1944, Western Washington. 529. Hillbom, Howard M., February 1943, 576. Ikemoto, Harry Yoshlaki, June 26, 623. Johnson, Evans, February 10, 1943, Southern California. 1944, Wyoming. Southern Georgia. 530. Hines, John, February 23, 1944, Middle 577. Imai, Masefumi, June 26, 1944, Wyo­ 624. Johnson, Gabriel, January 7, 1944, Alabama. _ ming. Southern New York. 531. Hinkey, Wendell Allen, September 24, 578. Inaba, Hitoehi, October 31, 1944, Colo­ 625. Johnson, Glen Lester, June 15, 1942, 1942, Northern New York. rado. Northern Illinois. 532. Hinkle, Dwight David, ; 579. Ingram, William, Jr., October 18, 1943, 626. Johnson, Harold Bauran, May 8, 1945, 1943, Northern California. Middle North Carolina. Middle Pennsylvania. 533. Hino, Bob Riyusho, October 2, 1944, 580. Ino, Toru, June 20, 1944, Wyoming. 627. * Johnson, Johnnie Lee, October 27, Idaho. 581. Inode", Chozo, January 2, 1943, Hawaii. 1942, Middle Georgia. 534. Hino, Frank Shinichi, February 22, 582. Inouye, George Washington, October 628. Johnson, Ollie, March 8, 1945, North­ 1945, Southern Idaho. 7, 1946, Arizona. ern Illinois. 535. Hirabayashi, Gordon Kiyoshi, Novem­ 583. Ioka, Harry Schuichi, October 31, 1944, 629. Johnson, Oscar, July 31, 1943, Eastern ber 30, 1944, Eastern Washington. Colorado. Washington. 536. Hirabayashi, Henry Nobuo, October 2, 584. Isaacs, William, June 26,1944, Western 630. Johnson, Paul Browning, Jr., Septem­ 1944, Idaho. Louisiana. ber 27, 1943, Western Tennessee. 537. Hirabayashi, Irvin Masanobu, Novem­ 585. Ishikawa, George, June 26, 1944, 631. Johnson, Peter Arlton, Jr., March 6, ber 4, 1944, Utah. Wyoming. 1942, Southern Texas. 538. Hirai, Toru, October 7, 1946, Arizona. 586. Ishikawa, Kiyoshi, June 26, 1944, 632. Johnson, Prince, April 6, 1943, Middle 539. Hiramoto, Shizuto, October 7, 1946, Wyoming. Georgia. 633. Johnson, Thorger William, October 9, Arizona. 587. Ishikawa, Suetsugu, June 26, 1944, 540. Hirata, Tomoharu Henry, May 20,1944, Wyoming. 1943, Western Washington. Eastern Arkansas.' 588. Ishikawa, Takeo, June 26, 1944, Wyo- 634. Johnson, Willie, December 10, 1943, 541. Hirayama, Susumu Harold, June 26, ming. Northern Mississippi. 1944, Wyoming. 589. Ishikawa, Yoshimitsu, October 31, 635. Jolly, Coy Cecil, October 11, 1943, East­ 542. Hirose, Kazuki, July 9, 1945, Wyoming. 1944, Colorado. ern South Carolina. 543. Hirose, Kazuto, July 26, 1944, Wyo­ 590. Ishimaru, Junichi, June 26', 1944, 636. Jones, Henry, June 7, 1943, Western Louisiana. ming. Wyoming. 544. Hiroshige, Akira, June 26, 1944, Wy­ 591. Ishimaru, Yutaka, June 26, 1944, 637. Jones, Henry Edward, September 8, 1944, Middle Georgia. oming. Wyoming. 545. Hockenberry, Robert M., November 26, 592. Ishimoto, George Kenichi, October 8, 638. Jones, Johnnie, November 20, 1942, Southern West Virginia. 1945, District of Columbia. 1945, Colorado. 546. Hodgson, Walter Louis, February 25, 593. Ishimoto, Harry Kenji, October 8, 639. Jones, McKinley, November 30, 1944, Eastern North Carolina. 1943, Southern Ohio. 1945, Colorado. 547. Holder, W. F., November 27, 1946, •594. Ishimoto, Takao, October 8, 1945, 640. Jones, Neal, February 7, 1944, Eastern Pennsylvania. Western Arkansas. Colorado. 641. Jones, Paul Edward, November 30, 548. Holderman, Ralph Jay, July 6, 1943, 595. Ishizaki, Sam Isamu, June 26, 1944, 1945, Maryland. Colorado. Wyoming. 549. Hollar, Carl, November 20, 1944, Middle 596. Isomura, Iwaharu, October 28, 1944, 642. Jones, Robert Anthony, January 10, 1944, Southern California. North Carolina. Colorado. 550. Holmes, Louis, January 24, 1944, East­ 597. Ito, Hideo, June 30, 1944, Colorado. 643. Jones, Walter Royal, Jr., October 29, ern Illinois. 598. Ives, Kenneth H., April 3, 1941, East­ 1942, Eastern New York. 551. Holsinger, Robert Reinhart, February ern Michigan. 644. Jones, Willie, May 5, 1944, Southern 17, 1944, Northern California. 599. Izuno, Masaichi, June 30, 1944, Colo­ Mississippi. 552. Honda, Seiichi, October 7, 1946, Ari­ rado. 645. Jones, Willie, April 6, 1944, Middle zona. . , | M 600. Jackson, John Carroll, Jantiary 6,1944, Georgia. 553. Hoqpai, William Kahalewai, November Southern Iowa. 646. Jordan, Malcomb Leon, May 25, 1942, 9, 1942, Hawaii. 601. Jackson, Marvin Law, April 20, 1943, Tennessee. 554. Hoover, Daniel Weaver, December 4, Utah. 647. Joseph, Ernest, May 12, 1943, Eastern >941, Eastern Pennsylvania, September 8, 602. Jackson, McKinley Cleve, July 14,1943, Louisiana. 1944, Eastern Pennsylvania. Western Tennessee. 648. Kado, James Yoshio, June 26, 1944, 555. Hoover, John Weaver, , 603. Jackson, Melvin Lewis, November lb, Wyoming. 649. Kajimura, Hareo, September 25, 1944, 1944, Eastern Pennsylvania. 1943, Kansas. 556. Hopison, L. H., November 14, 1942, 604. James, Jimmy Dean, November 2,1943, Idaho. 650. Kajimura, Tsutomu, October 2, 1944, Middle Georgia. Alabama. Idaho. , 557. Hora, Sadao, October 7, 1946, Arizona. 605. James, Kenneth Dale, June 20, 1945, 651. Kaminaka, Joe, October 7, 1946, 558. Hori, Takeshi, June 26, 1944, Wyo­ Western Oklahoma. Arizona. ming. 606. James, Milton M., November 23, 1942, 652. Kaminaka, Tamotsu, October 7, 1946, 559. Horino, George Minoru, July 9, 1945, Western Louisiana. Arizona. Wyoming. 607. James, Norman Alfred, April 4, 1944, 653. Kanaga, Keith C., December 2, 1940, 560. Hoshizaki, Takashi, June 26, 1944, Eastern New York. Massachusetts. Wyoming. 608. James, William Lee, October 12, 1945, 654. Kariya, Masashi, October 7, 1946, 561. Houlihan, Daniel James, September Eastern Virginia. Arizona. 15, 1941, Southern New York. 609. Jamnik, Albert Benedict, July 9, 1945, 655. Kariya, Yoneo, October 7, 1946, Ari­ 562. Houser, Donald Max, February 5, 1944, Colorado. zona. Southern Indiana. 610. Jaramillo, Apolinar Lara, May 12, 1945, 656. Karlovich, John, November 5, 1945, 563. Howard, Sylvester, September 29, 1944, Southern California. Connecticut. Eastern Pennsylvania. 611. Jasin, Raymond, October 6, 1943, 657. Kara, Walter Dale, July 13, 1942, 564. Howe, Marvin Elmer, January 11, 1944, Northern Illinois. Southern Ohio. Northern Indiana. 612. Jasin, Robert Zavier, October 8, 1943, 565. Huber, Albert A., August 20, 1942, New 658. Kasahara, George Shigaki, December Northern Illinois. 29, 1944, Idaho. Jersey. 613. Jaworoski, -Alfred, , 1943, 659. Kashiwagi, Joe, October 31,1944, Colo­ 566. Hudson, Henry Lavelle, November 5, Eastern Pennsylvania. rado. 1942, Southern Ohio. 614. Jaynes, Gale Aster, February 17, 1945, 660. Kasimoff, Mickey Peter, March 27, 567. Hudson, Lee Edward, Western Mis­ Southern Indiana. souri. 1944, Southern California. 615. Jenkins, Willie Lee, November 13,1945, 661. Kaslov, Steve, June 1, 1942, Southern 568. Hughes, Wesley Willie Lee, September Southern Georgia. 8, 1943, Middle North Carolina. New York. 616. Jennings, Lewis Carl, August 1, 1945, 662. Kast, Clarence Joseph, April 9, 1945, 569. Hull, Floyd Eugene, August 25, 1944, Northern Alabama. Southern Ohio. Western Virginia. 617. Jennings, Silas Kelsey, August 1, 1945, 663. Kaet, Gaylord Page, September 29, 570. Hunter, Charles Robert, July 26, 1944, Northern Alabama. Northern California. 1943, Eastern Michigan. 618. Jensen, Otto Anfin, March 27, 1944, 571. Hunter, Dwight Dale, November 18, 664. Katayama, Shigeru, October 7, 1946, 1941, Northern California. Eastern New York. Arizona. 572. Hutson, Arthur T., October 81, 1943, 619. Jensen, Svend Aage, November 14, - 665. Katrowski, John, January 15, 1945, Eastern South Carolina. 1944, Minnesota. New Jersey. 573. Ide, Takao Grant, June 26, 1944, 620. Johnson, Alonzie, February 2, 1945, 666. Kauffeld, Harold Walter, November 8, Wyoming. Southern Florida. 1943, Southern California. 8738 RULES AND REGULATIONS

667. Kauwe, John Pohuwe, May 12, 1942, 714. Knapka, Andrew F., May 4, 1943, Mid­ 760. Larson, Leonard Merlin, December 21, Hawaii. dle Pennsylvania. 1942, Southern California. 668. Kawahara, Katsuyoshi, July 9, 1945, 715. Knowles, Oscar Larson, April 25, 1944, 761. Lausa, Philip, January 12, 1943, Ha­ Wyoming. Maine. waii. 669. Kawakami, Frank Masao, July 9, 1945, 716. Knowles, Tom James, December 8, 762. Lavery, Joseph William, July 1, 1942, Wyoming. 1944, Southern Florida. Eastern Pennsylvania. 670. Kawaki, Mosayuki, October 2, 1944, 717. Kodama, George Katsumi, February 763. Lawrence, Fred John, March 2, 1943, Idaho. 21, 1945, Idaho. Southern New York. 671. Kawamoto, David Tetsutaro, June 26, 718. Kodama, Lul Ikuo, October 7, 1946, 764. Learned, John Raymond, July 5, 1944, 1944, Wyoming. r Arizona. Eastern Missouri. 672. Kawamoto, James Takao, April 1, 719. Kofuksado, Mitsugi, October 17, 1942, 765. Leckwatch, Michael, October 7, 1941, 1946, Arizona. Hawaii. Western Pennsylvania. 673. Kawamoto, Kiyoshi, October 7, 1946, 720. Koga, Dix K., February 6, 1942, North­ 766. Le Compte, Olin Harper, July 13, 1942, Arizona. ern California. Maryland. 674. Kawasaki, Jimmie, October 28, 1944, .721. Kojima, Masao, October 7, 1946, Ari­ 767. Lee, Ralph Benjamin, July, 1942, West­ Colorado. zona. ern Washington, February 18, 1944, Western 675. Kawasaki, Kiyoto, June 26, 1944, Wyo­ 722. Koop, Edward, April 24,1944, Southern Washington. ming. California. •. • 768. Lee, Robert Earnest, November 6,1944, 676. Kawasaki, Thomas Tomeji, October 28, 723. Koop, Frank, May 10, 1943, Southern Southern Ohio. 1944, Colorado. California. 769. Leid, Aaron Weaver, June 15, 1942, 677. Kawato, Yukio, September 29, 1944, 724. Kope, David Glenn, May 25, 1942, Eastern Pennsylvania. Idaho. Western Pennsylvania. 770. Leiss, Edward A., October 8, 1943, New 678. Kaya, Larry Yoshio, October 7, 1946, 725. Kornoff, Pete, January 8, 1945, South­ Jersey. Arizona. ern California. 771. Lew, Arktoy, September 18, 1944, 679. Keane, Harold Daniel, April 9, 1943, 726. Koshiyama, Mitsuru, June 2(fi 1944, Southern New York. Maryland. Wyoming. 772. Lewis, Buster, September 22, 1944, 680. Keawe, Daniel, August 18,1942, Hawaii. 727. Koziatek, Steve Anthony, August 1, Southern Florida. 681. Kelley, John Jefferson, November 16, 1946, Southern NeW York. 773. Lewis, Evins, November 8, 1944, East­ 1942, Southern Ohio. 728. Kraushaar, Lawrence Frederick, July ern South Carolina. 682. Kelley, Neil Webster, March 21, 1944, 26, 1944, Eastern Michigan. 774. Lewis, Herbert William Matterson, Connecticut. 729. Krigbaum, Claude Forrest, October 10, August 1, 1944, Northern Georgia. 633. Kelly, Francis J., March 14, 1947, 1942, Oregon, 775. Lewis, Jesse, May 21, 1942, Eastern Southern New York. 730. Krisfalusi, Charles, Jr., September 28, Missouri. 684. Kelly, Frank, March 1, 1946, Northern 1943, Western Pennsylvania. 776. Lewis, Neil Bernard, March 12, 1943, Indiana. 731. Krouse, Ewald Theodore, February 12, Western Kentucky. July 5, 1944, Western 685 Kelly, Henry Douglas, November 8, 1943, Western Wisconsin. Kentucky. 1943, Southern California. 732. Kruse, Clarence Willard, April 23,1943, 777. Lindquist, William Rudolph, October 686. Kelly, James Edward, June 30, 1943, Montana. . ^ • 5, 1943, Minnesota. Northern Illinois. 733. Kubo, Tomeo, June 26, 1944, Wyoming. 778. Lindsey, Willie, November 4, 1943, 687. Kelly, James Joseph, June 1, 1942, 734. Kubo, Yoshi, October 30, 1944, Colo­ Northern Mississippi. Eastern New York. rado. 779. Linhoss, Richard Lee, April 28, 1944, 688. Kelwyma, George, August 12, 1943, 735. Kuhns,* Henry Welty, November 12, Western Virginia. Arizona. 1941, Southern California. 780. Little, Henry Hersey, November 10, 689. Kenmotsu, Shigeo, June 26, 1944, 736. Kujawa, Anthony, July 20, 1944, East­ 1941, Vermont, May 15, 1944, Vermont. Wyoming. ern New York. 781. Logan, Willie James, January 17, 690. Kent, Sidney, June 2, 1943, Eastern 737. Kulick, John Myron, May 7, 1945, 1944, Southern Florida. Louisiana. Southern New York. 782. Louder, Garold Paul, April 28, 1943, 691. Kerley, Ralph, October 17, 1944, Utah. 738. Kumada, Kazuo, June 26, 1944, Wyo­ Eastern Illinois. 692. Kern, Allan Lloyd, March 19, 1943, ming. 783. Lovett, Britt, Jr., March 19, 1947, Colorado. 739. Kuramoto, Yutaka Ted, October 2, Southern New York. 693. Kern, Willard Raymond, June 12, 1944, 1944, Idaho. 784. Lovett, Claudie, April 5, 1943, Western Colorado. 740. Kuranaga, Heruyuki, October 7, 1946, Tennessee. 694. Kestner, Ellis Edgar, April 10, 1945, Arizona. 785. Lovett, James S., September 28, 1943, Eastern Washington. 741. Kurasaki, George Noboru, June 26, Eastern Pennsylvania. 695. Kilmer, Harvey Zimmerman, , Wyoming. 786. Lovett, William J., December 16, 1942, 14, 1942, Eastern Pennsylvania. 742. Kuromiya, Yoshita, June 26, 1944, Wy­ Eastern Pennsylvania. 696. Kimbrough, Richard, May 17, 1945, oming. 787. Lowes, George J., January 29, 1943, Southern Mississippi. 743. Kuroye, Kenneth, October 7, 1946, Ari­ Eastern Michigan. 697. Kimes, Chester Leon, January 17, 1945, zona. 788. Luce, Rolland H., May 28, 1942, North­ Eastern Pennsylvania. 744. Kuwada, Makoto Jim, June 26, 1944, ern Illinois. 698. Kimura, Frank Yoshimatsu/ October Wyoming. 789. Luedtke, William, , 1942, 2, 1944, Iowa. 745. Kuwahara, John Takashi, October 7, Southern New York. 699. Kimura, Hideo, July 21, 1942, Hawaii. 1946, Arizona. 790. Lunkenheimer, Gordon Leo, July 22, 700. Kimura, Jim Tatsuya, June 26, 1944, 746. Labistre, Francisco Kaliskisan, May 11, 1946, Southern Florida. Wyoming. 1942, Hawaii. 791. Lunsford, Jack, September 28, 1945, 701. King, William Henry, April 18, 1946, 747. Labus, Joseph, December 9, 1942, Eastern Tennessee. Southern Georgia. Southern Texas. 792. Lyle, Karl Leroy, March 23, 1944, 702. Kinker, Harold William, October 30, 748. Lackey, Cecil Howard, February 16, Southern Mississippi. 1944, Eastern Missouri. 1943, Western Arkansas. 793. Mabe, Joffery William, May 4, 1944, 703. Kinoshita, Teruo, March 27, 1944, 749. Lackey, Ewell Wendell, July 5, 1943, Arizona. Middle North Carolina. Western Arkansas. 794. Mack, George, December 14, 1944, 704. Kirk, Jessie James, July 6, 1944, West­ 750. Lackey, Vernon Cay, September 14, ern Louisiana. Southern New York. 1944, Western Arkansas. 705. Kishi, Masakiyo Michael, October 7, ‘ 795. MacKnight, Douglas Haig, September 751. Laier, John Gilbert, June 2, 1944, 1946, Arizona. 3, 1943, Northern California. 706. Kitasaki, Kiyoshi, October 7, 1946, Northern California. 796. MacLean, Walter B., June* 24, 1946. 752. Lambert, Allan Clay, May 27, 1941, Arizona. Western New York. 707. Kitauchi, Masaichi, October 7, 1946, Western Pennsylvania. 797. Magee, John Louis, October 14, 1944, Arizona. 753. Lambert, Elwood Albert, June 2, 1942, Oregon. 708. Kitayama, Kaoru, February 22, 1945, Middle Pennsylvania. 798. Maggard, Earl Lewis, October 7, 1946, Idaho. 754. Lambert, George Patrick, July 12,1944, Western Missouri. 709. Kittle, William Henry, March 23, 1945, Eastern Illinois. 799. Maker,. Lynn Erwin, June 13, 1944, Northern West Virginia. 755. Lamborn, Robert Earl, October 23, Maine. 710. Kiyomizu, Shozo, September 29, 1944, 1942, Southern Ohio. 800. Malone, John Erwin, February 6, 1943, 756. Lampert, Arthur John, , Idaho. Middle Georgia. 1943, Montana. 711. Kleine, Glen Allen, February 5, 1944, 801. Mangum, Jack, March 10, 1941, South­ 757. Lampman, Duncan Logan, January ern California. Southern Indiana. 16, 1943, Northern Iowa. 802. Manns, Buford, February 6, 1945, 712. Klima, Otto, September 21, 1942. Ne­ 758. Landis, Luke Graybill, June 15, 1942, braska. Eastern Pennsylvania. Western Tennessee. 713. Knape, Edward James, September 28, 759. Lane, Robert Westphal, September 3, 803. Manoukian, Armeniag, , 1945, Nebraska. 1942, Southern New York. 1943, Colorado. Wednesday, Decem ber 24, 1947 FEDERAL REGISTER 8739

804. Maple, Prank G., September 10, 1943, 849. McDuffy, Richard, March 6, 1944, East­ 894. Moree, Voley Eston, March 11, 1943, Southern West Virginia. ern Arkansas. Southern Florida. 805. Maracle, George Andrew, August 21, 850. McGee, Eddie, March 16, 1943, Eastern 895. Moreno, Herman Peter, June 11, 1945, 1944, Western New York. Illinois. Southern California. 806. Marcantonio, Nicholas, November 27, 851. McKay, John Cornelius, February 2, 896. Mori, Hiroyoshl, October 7, 1946, Ari­ 1942, Southern New York. 1945, Soutfiern Florida. zona. 807. Marconett, Ralph David, July 6, 1943, 852. McKinney, Matthew, February 28,1944, 897. Mori, Shigeo, October 7, 1946, Ari­ Northern California. Eastern New York. zona. . 808. Markley, Benjamin Russell, Jr., Janu­ 853. McKinnon, Joseph Leland, April 30, 898. Mori, Sutio Bill, October 7, 1946, Ari­ ary 25, 1944, Western Missouri. 1945, Southern Ohio. zona. 809. Marshall, Namon, January 6, 1944, 854. McLeod, William Ira, March 25, 1943, 899. Morikawa, Hiroshi, October 7, 1946, Western Tennessee. Northern Illinois. Arizona. 810. Martin, Arthur Alvin, , 855. McOmie, Robert Arthur, April 3, 1945, 900. Morin, Denne Leonard, March 29, 1946, 1943, Eastern Virginia. Utah. Vermont. 811. Martin, Edward Harry, August 14, 1943, 856. McPherson, Roy Turner, December 6, 901. Morine, Robert Harold, February 17, Northern California. 1945, Oregon. 1943, Hawaii. 812. Martin, Harry Hoover, March 14, 1944, 857. Meader, Glenn Edward, May 7, 1945, 902. Morita, Ichiro, June 26, 1944, W y­ Eastern Pennsylvania. Northern Iowa. oming. 813. Martin, Ivan Martin, March 14, 1944, 858. Meadows, Maynard Moody, February 903. Morris, Elgin, October 9, 1944, Eastern Eastern Pennsylvania. 9, 1944, Eastern New York. Missouri. 814. Martin, Joseph Hursh, September 17, 859. Medill, Deri Willard, September 22, 904. Morris, Elliston P., March 11, 1942, 1945, Eastern Pennsylvania. 1943, Eastern Washington. Eastern Pennsylvania. 815. Martin, Russell Joseph, November 18, 860. Mellon, Joe, July 14, 1943, Western 905. Moss, Paul E., June 22, 1943, Eastern 1943, Eastern Michigan. Tennessee. Illinois. 816. Martinez, John Flores, June 6, 1945, 861. Mellor, Joseph Victor, September 20, 906. Motonaga, Ray Yoshio, June 26, 1944, Wyoming* Kansas. 1943, Eastern New York. 817. Maruhashi, Hutaka Frank, September 862. Menchron*, Elbert, April *7, 1945, East­ 907. Mounts, Orban Spivey, November 11, 1946, Western Virginia. 29, 1944, Idaho. ern Virginia. 818. Maruyama, Kenichi, October 7, 1946, 863. Mendrin, John Michael, April 10, 1944, 908. Muglich, Steve Michael, May 13, 1942, Northern Ohio. Arizona. Southern California. 819. Maruyama, Shigeo, October 7, 1946, 864. Meng, Charles Joseph, June 2, 1943, 909. Mulrolland, Robert Gerard, November 6, 1943, Southern California. Arizona. Western Pennsylvania. 820. Maruyama, Yukio, October 7, 1946, 865. Meredith, Richard Jean, May 11, 1943, 910. Murata, -George Matsuji, October 7, 1946, Arizona. Arizona. Northern Indiana. 911. Murata, Paul Seiichi, October 7, 1946, 821. Mason, J. T., October 22,1945, Southern 866. Merrihew, Noel Harding, March 1,1943, Arizona. Alabama. Southern California. 912. Murphy, James, September 17, 1945, 822. Masukawa, Kitashi John, October 7, 867. Michon, Mieczyslaw, August 4, 1941, Middle Georgia. 1946, Arizona. Massachusetts. 913. Murphy, Thomas Joseph, November 6, 823. Masukawa, Tsutomu Tom, October 7, 868. Mickens, Roscoe, April 2, 1945, South­ 1944, Northern California. 1946, Arizona. ern Florida. 914. Murphy, Tony, May 7, 1943, Northern 824. Mathews, Pete Chester, May 11, 1945, 869. Middleton, Willie, March 12, 1943, Mississippi, June 26, 1944, Northern Missis­ Northern Mississippi, Eastern Pennsylvania. sippi. 825. Matsuba, George Kazuo, June 26, 1944, 870. Miller, Bruce Winsterd, May 4, 1944, 915. Murray, Cornelius, December 21, 1943, Wyoming. Southern California. Eastern Pennsylvania. 826. Matsubara, Sadao, October 7, 1946, 871. Milliken, Arthur Phillips, November 10, 1942, Maine. 916. Muscariello, Aldo Future, June 21, Arizona. 1943, Eastern Pennsylvania. 827. Matsumoto, Akira, June 26, 1944, Wyo- 872. Mills, James Alden, November 26, 1943, 917. Muse, Clarence, April 10, 1945, North­ ming. Rhode Island. ern Mississippi. 828. Matsumoto, Minoru Corky, October 7, 873. Minatani, James Masaichi, June 26, 1944, Wyoming. 918. Myers, Timothy, Jr., March 6, 1946, 1946, Arizona. Northern Ohio. 829. Matsumoto, Teruo, July 9, 1945, Wyo­ 874. Minato, Kiyoshi, October 7, 1946, Ari­ zona. 919. Myers, Willie, May 18, 1947, Southern ming. Mississippi. 830. Matsumoto, Toshimitsu, October 7, 875. Minoura, Halley, June 26, iS44, Wyo­ 920. Mylton, John Edward, December 10, 1946, Arizona. ming. 876. Mitchell, Barton Albert, October 29, 1943, Western Pennsylvania. 831. Matsushita, Kikuji, October 9, 1945, 921. Naffziger, Victor John, January 29, Wyoming. 1945, Southern Alabama. 877. Mitchell, David Willie, April 9, 1945, 1943, Northerti Iowa. 832. Matsuura, Frank Morikazu, June 26, Western Virginia. 922. Nagahara, Masao, June 26, 1944, W y­ 1944, Wyoming. 878. Mitchell, Willie, June 3, 1946, North­ oming. 833. Matsuzaki, Frank T., October 2, 1944, ern Mississippi. 923. Nagakura, Hiroshi Nakamura, January Idaho. 879. Mitsuoka, Mitsuru, October 7, 1946, 18, 1943, Hawaii. 834. Matthews, James Richard, Oetober 12, Arizona. 924. Nagasugi, Hiroto, October 2, 1944, 1942, Southern West Virginia. 880. Miyahara, Tamio Tom, June 26, 1944, Idaho. 835. Maurer, Dale Calvin, January 11, 1944, Wyoming. 925. Nagata, Kunio, October 7, 1946, Ari­ Northern Ohio. 881. Miyamura, Koyochi, October 7, 1946, zona. 836. Maurier, Clarence Steven, March 14, Arizona. 926. Naha, Lewis Kooyouhema, August 12, 1944, Eastern Michigan. 882. Miyasaki, James Goro, October 7, 1946,/ 1943, Arizona. 837. Mayekawa, Masao, June 26, 1944, Wy­ Arizona. 927. Naito, Takashi, October 7, 1946, Ari­ oming. 883. Miyasaki, Masanobo, October 7, 1946, zona. 838. Maykut, Frank John, January 25, 1945, Arizona. 928. Nakada, Carl Koaru, June 26, 1944, New Jersey. 884. Miyasaki, Thomas Shiro, October 7, Wyoming. 839. Mays, James Raymond, July 12, 1943, 1946, Arizona. 929. Nakagawa, George, September 29, 1944, Eastern Missouri. 885. Molinari, Raymond Harold, January Idaho. 840. McAlpine, S.,L., May 17, 1943, South­ 9, 1943, Northern California. 930. Nakagawa, George, April 28, 1945, ern Mississippi. 886. Moody, Douglas Alderman, January 13, Northern California. 841. McBride, Joe Oliver, January 6, 1944, 1942, Eastern Tennessee, December 8, 1943, 931. Nakaguma, Yoshitatusu, June 30, Western Tennessee. Eastern Tennessee. 1944, Colorado. 842. McClain, Farris, April 5, 1944, Western 887. Moody, Doye, October«16, 1943, South­ 932. Nakahira, Satoru Joseph, November Louisiana. . ern Georgia. 18, 1944, Utah. 843. McCleoud, Lorenzo Theodore, May 9, 888. Moody, Wilma, November 26, 1945, 933. Nakamura, Jerry Masao, January 19, 1945, Southern New York. Southern. Georgia. 1943, Hawaii. % 844. McCone, Henry Edgar, November 16, 889. Moore, Albert Lee, May 3, 1944, North­ 934. Nakamura, Migaki, October 7, 1946, 1943, Eastern Pennsylvania. ern Oklahoma. Arizona. 845. McConnell, Ben Harrison, May 4, 1942, 890. Moore, J. C., March 18, 1943, Southern 935. Nakamuri, Kazumi, October 7, 1946, Eastern Oklahoma. Mississippi. Arizona. 846. McConnon, James Joseph, March 2, 891. Moore, Luther Henry, November 15, 936. Nakasaki, William Harumi, May 22, 1944, Eastern New York. 1945, Northern Alabama. 1944, Arizona. 847. McCurdy, Lowell Edward, April 6, 1944, 892. Moorning, Rufus, Jr., October 4, 1943, 937. Nakashiki, Kaiso Fred, October 7, Northern Texas. Eastern North Carolina. 1946, Arizona. 848. McDaniel, Fred, May 29,1945, Northern 893. Morante, Paul, November 12,1942, New 938. Nakashima, Yoneo, October 7, 1946, Ohio. Jersey. Arizona. No. 250------2 8740 RULES AND REGULATIONS

939. Nakashina, Isao, September 29, 1944, 986. Oki, Tadashl, June 26, 1944, Wyoming. 1033. Peters, Arlander, March 4, 1945 Idaho. 987. Oki, Yoshio Tom, July 9, 1945, Wyo­ Western Louisiana. 940. Nakatsu, George, October 7, 1946, Ari­ ming. 1034. Peterson, John Lloyd, April 13, 1944, zona. 988. Okuma, Torn Fred, July 9, 1945, Wyo­ Eastern New York. 941. Nakayama, Iwao James, October 7, ming. 1035. Petropulos, George, James, May 14, 1946, Arizona. 989. Okumura, Hideo, March 27, 1944, Ari­ 1946, Northern Illinois. 942. Nakayama, Masakaz, October 7, 1946, zona. 1036. Pfau, Friedrich Theodore, February Arizona. 990. Olah, Arnold John, September 27, 21, 1944, Southern New York. 943. Nantz, James Frederick, October 15, 1943, Eastern Michigan. 1037. Phillips, Albertus, August 5, 1946, 1945, Southern Indiana. 991. Olah, Victor George, September 17, Eastern South Carolina. 944. Naruto, Tochiharu Frank, January 19, 1943, Eastern Michigan. 1038. Phillips, Ivan Lee, October 3, 1944, 1945, Colorado. 992. Oleson, Herbert Frederick, July 28, Eastern Washington. 945. Nash, Jessie, May 15, 1944, Southern 1942, Northern California. 1039. Phillips, Leah Louie, April 10, 1944, Mississippi. 993. Oleszko, John Joseph, August 21, 1942, Northern Texas. 946. Nazaroff, George, October 26, 1942, Eastern New York. 1040. Piaser, Armondo Victor, April 11, Southern California. 994. Olin, Bertel John, December 13, 1945, 1944, Northern Ohio. 947. Negria, Nick, December 10, 1943, West­ Oregon. 1041. Pierson, Raymond, October 16, 1944, ern Pennsylvania. 995. Olsen, Eugene Walter, .April 21, 1942, Eastern North Carolina. 948. Nelson, Alexander Edward J., March Western Michigan, July 31, 1943L Western 1042. Piho, Paul, January 26, 1942, Con­ 25, 1943, Eastern New York. Michigan. necticut. 949. Nelson,, Joe Dotheus, November 4,1943, 996. Olson, Alf Manly, May 25, 1943, West­ 1043. Ping, Jaimes William, January. 31, Northern Mississippi. ern Wisconsin. 1944, Southern California. 950. Nelson, Paul' Floyd, October 27, 1943, 997. Olson, Oscar Julius, Jr., July 6, 1944, 1044. Pinney, Philip Egbert, February 14, Middle Pennsylvania. Southern Texas. 1944, Minnesota. 951. Newton, Charles Stanton, May 22,1944, 998. Olson, Vernon Glenn, November 15, 1045. Pittman, Willis Allen, September 25, Southern Florida. 1943, Northern California. 1944, Eastern Illinois. 952. Nichol, Fred, November 18, 1941, 999. Omori, John Takashi, October 7. 1946, 1046. Plowman, Kermit, January 16, 1943, Montana. Arizona. * Northern California. 953. Nicholas, Alvin, April 17, 1942, West­ 1000. Omoto, Nubuo, September 29, 1944, 1047. Pollard, George Douglas, July 28, Idaho. ern Texas. 1944, Eastern Virginia. 1001. Omoto, Roy Yasuo, October 2, 1944, 954. Niedo, D. Ted Perez, September 30, 1048. Pollard, Hill Byrd, July 28, 1944, Idaho. 1943, Western Washington. Eastern Virginia. 1002. Ordway, Hazen Lewis, July 7, 1943, 955. Nielson, Arild Marndorff, October 29, 1049. ' Polley, James Elihu, February 22, Eastern Pennsylvania. 1942, Eastern New York. 1943, Colorado.« 1003. Oshinsky, Abraham,^March 26, 1943, 956. Nii, Harry, October 7, 1946, Arizona. 1050. Pollock, Thomas Harvey, October 21, Eastern New York. 957. Niino, George Schigehi, October 7, 1944, Southern California. 1004. Otsu, Ninoru, March 27,1944, Arizona. lb51. Pontarelli, George Ferdinand, , Arizona. 1005. Ottinger, Ralph Leroy, January 24, 958. Niles, Dwain Franklin, November 9, 22, 1943, Northern Illinois. 1946, Northern Ohio. 1052. Pontello, Antonio, May 15, 1942, 1943, Oregon. 1006. Owens, Marvin Dennis, December 6, 959. Nimura, Takanori, October 7, 1946, Hawaii. 1946, Oregon. 1053. Potter, Douglas Blakely, March 3, Arizona. 1007. Oye, Hiromu, October 7,1946, Arizona. 960. Nishi, Itaro, October 7, 1946, Arizona. 1943, Northern New York. 1008. Ozawa, Yoshikazu, October 7, 1946, 1054. Pouliot, Alphonse Joseph, May 22, 961. Nishimura, Robert Nubuo, October 7, Arizona. 1946, Arizona. 1944, Maine. 1009. Pace, Edwin Elmer, May 16, 1946, 1055. Pounds, Lester Emmitt, September 962. Noble, George, January 4, 1944, West­ Western North Carolina. ern Louisiana. 26, 1944, Eastern South Carolina. 1010. Pankowski, Anthony Francis, Octo­ 1056. Powell, Roland Peter, December 31, 963. Nobuhiro, Ben TsutomU, October 7, ber 25, 1944, Western Pennsylvania. 1946, Arizona. 1941, Southern California. 1011. Parker, Theodore, February 13, 1945, 1057. Powell, Rudolph Matt, April 19, 1942, 964. Nocke, Carl Frederich, December 30, Northern Alabama. 1943, Eastern New York. Northern California. 1012. Parks, Leo, August 14, 1942, Southern 1058. Powers, James Earl, September 20, 965. Noel, Bernard Woodrow, August 3, Florida, January 21, 1943, Southern Florida. 1942, Arizona. 1943, Northern Illinois. 1013. Partin, Henry Junior, January 8, 1059. Powers, William Nathaniel, April 29, 966. Noguchi, Tsutomu Ben, October 7, 1945, Eastern Kentucky. 1946, Arizona. 1946, Eastern Michigan. 1014. Passmore, Richard Erskine, December 1060. Price, Albert Russell, September 18, 967. Noland, Bennie Franklin, October 16, 8, 1942, Delaware. 1942, Eastern Illinois. 1944, Western Louisiana. 1015. Patille, Harry B., July 14, 1944, Dela­ 968. Norikane, Joe Hajime,' October 31, 1061. Price, Harvey Harding, April 30, 1945, ware. Nebraska. 1944, Colorado. , 1016. Patterson, Horace, October 23, 1942, 1062. Price, Lonnie Babe, September 10, 969. Norman, Luther W., September 27, Western Texas. 1943, Eastern North Carolina. 1943, Southern Texas. 1017. Patton, Harry Joseph, April 9, 1943, 1063. Pride, Lucius Lonnie, December 17, 970. Norment, Lorinza, June 25, 1943, Maryland. * 1942, Eastern Illinois. Western Tennessee. 1018. Paul, Vincent Johnv October 29, 1942, 1064. Puckett, Joseph Oscar, February 3, 971. Norris, Edwin E., Jr., November 18, Eastern New York. 1943, Western Texas. 1943, Eastern Missouri. 1019. Pauls, Alvin N., April 20, 1944, South­ 1065. Pugh, Carl Thomas, April 6, 1943, 972. Nosaka, Kanichi, March 27, 1944, Ari­ ern California. Northern Ohio. zona. 1020. Paulson, Carl Edmund, October 8, 1066. Purvis, Vernon, September 17, 1943, 973. Nosek, Joseph William, August 4, 1941, 1942, Rhode Island. Western Tennessee. Northern Illinois. 1021. Paxton, Tom Hill, November 13, 1945, 1067. Pysh, Walter Thomas, , 974. Nozawa, George Goro, July 9, 1945, Western North Carolina. 1944, Northern Indiana. Wyoming. 1022. Payne, Tom, November 13, 1941, 1068. Pytlak, Joseph Martin, January 5, 975. Nullorok, Edward, April 23, 1943, Southern Mississippi. 1944, Connecticut. Alaska. 1023. Pearce, Sam, February 26, 1942, New 1069. Quevedo, Raul John, April 4, 1946, 976. Numoto, Saburo, October 2, 1944, Mexico. Western Texas. Idaho. 1024. Pender, Howard Bennett, October 5, 1070. Quigley, Robert Earl, October 13, 977. Nunley, Nelson Edward, April 9, 1943, 1942, Western Missouri. 1942, Minnesota. Western Virginia. 1025. Pennington, Coleman Ray*, June 25, 1071. Rail, Paul Burton, January 18, 1944, 978. O’Bleness, Gordon Eugene, November 1943, Eastern Oklahoma. Southern Iowa. 27, 1944, Idaho. 1026. Pennington, Donald Allen, March 22, 1072. Raines, Reuben L., January 25, 1943, 979. O’Dell, Carl Franklin, February 9, 1944, 1945, Eastern Pennsylvania. Eastern Pennsylvania. Eastern Missouri. 1027. Perkins, Abraham Lincoln, July 2, 1073. Rains, Hurbie Jessie, April 7, 1942, 980. Ogata, Ben Tsutomff March 27, 1944, 1945, Western Virginia. Eastern Arkansas. Arizona. 1028. Perkins, Rufe Ernest, March 12, 1945, 1074. Randall, Wilson, February 3, 1943, 981. Ogata, Hisashi, October 7, 1946, Ari­ New Mexico. Eastern Louisiana. zona. 1029. Perreault, Joseph Raymond JUlien, 1075. Rapesura, Maxario Rayray, June 30, 982. Okada, Masao Ted, October 2, 1944, December 22, 1942, Maine. 1943, Northern California. Idaho. 1030. Perry, Leonard, June 14, 1944, Middle 1076. Ray, Andrew Grant, June 26, 1943, 983. Okawa, Ichiro, June 26, 1944, Wyo­ Georgia. Southern Texas. ming. 1031. Perry, Raymond, July 20, 1944, East­ 1077. Ray, Aron Edward, June 16, 1945, 984. Okazaki, Kiyoshi, July 6, 1942, Hawaii. ern New York. Western Texas. 985. Okazaki, Satoru Fred, October 7, 1946, 1032. Pete, Einilie, January 8, 1943, West­ 1078. Ray, Edward, May 26, 1942, Eastern Arizona. ern Louisiana. South Carolina. Wednesday, Decem ber 24, 1947 FEDERAL REGISTER 8741

1079. Real, Clarence, October 12,1942, East­ 1125. Roehrick, Otto Adolph, May 20, 1944, 1170. Schiavino, Albert, June 2,1942, Rhode ern Arkansas. Southern California. Island. 1080. Reaves, Henry Lee, January 6, 1944, 1126. Rogg, Edward, November 27, 1942, 1171. Schindelar, Joseph F., February 26, Western Tennessee. Southern New York. 1945, New Jersey. 1081. Reaves, Milton Oliver, January 6, 1127. Roguski, Zygmunt Stanley, October "1172. Schirmer, John Maurice, July 9, 1945, 1944, Western Tennessee. 8, 1943, Eastern Michigan. Southern California. 1082. Redding, Joseph Jasper, September 1128. Rosenfeld, Joseph, November 19, 1173. Schmardebeck, Thomas M., Septem­ 15,1943, Eastern Pennsylvania. 1943, Southern New York. ber 10, 1943, Eastern Michigan. 1083. Redwine, Lloyd, January 15, 1944, 1129. Ross, Hilbert Shirley, May 13, 1943, 1174. Schmidt, Stanley Eugene, June 4, Eastern Missouri. Southern West Virginia. 1945^Bouthern California. 1084. Reed, Herbert Edward, January 13, 1130. Rossberg, Arno William, June 15, 1175. Schwartz, Richard Walter, March 14, 1945, Northern West Virginia. 1944, Eastern Wisconsin. 1946, North Dakota. 1085. Reed, Lloyd Brown, May 1, 1945, Ore­ 1131. Rothe, Edwin Herman, May 3, 1943, 1176. S.chwartzman, Victor, September 8, gon. Eastern Wisconsin. 1942, New Jersey. ^ 1086. Reed, Samuel, January 7, 1944, East­ 1132. Rouse, William Howard, February 10, 1177. Scish, Robert, June 3, 1941, Eastern ern Pennsylvania. 1943, Northern West Virginia. Virginia. 1087. Reed, Troy, April 3, 1945, Western 1133. Rousseau, Leo, February 26,1943, Ore­ 1178. Scolori, Peter Roosevelt, March 8, Arkansas. gon. 1943, Northern California. 1088. Reid, Albert, February 3, 1942, East­ 1134. Rowan, Moses, March 18, 1942, East­ 1179. Scott, Alex, April 26, 1943, Eastern ern South Carolina. ern Missouri. North Carolina. 1089. Reid, Maurice Hersman, March 22, 1135. Rowin, William Talmadge, April 9, 1180. Sea, Harvey Jackson, September 27, 1943, Northern California. 1943, Northern Mississippi. 1943, Eastern Kentucky. 1090. Revere, Paul, December 22, 1942, 1136. Rowley, Oscar Wesley, March 11, 1943, 1181. Seaberry, Peter, February 3, 1943, Southern New York. Western Wisconsin. Eastern Louisiana. 1091. Reynolds, Wade, September 20, 1945, 1137. Royer, Donald Mark, January 13,1944, 1182. Sebastian, Allen Alstyne, November Southern Florida. Southern New York. 1, 1943, Southern New York. 1092. Rhodes, Edwin Rohrer, October 24, 1138. Rubio-Garcia, Roberto, February 28, 1183. Sedberry, Oscar Lee, April 19, 1943, 1944, Western Virginia. 1945, Southern California. Southern! Florida. 1093. Rhodes, Roy Franklin, October 24, 1139. Ruff, Erwin Joseph, October 23, 1942, 1184. Segura, John Frank, June 2, 1942, 1944, Western Virginia. Northern California. Colorado. 1094. Rice, Earl Arthur, August 12, 1941, 1140. Ruff, Roy Thomas, September 8, 1185. Sehn, John Joseph, June 24, 1942, Western New York. 1944, Middle Georgia. Eastern New York. 1095. Rice, John Eugene, October 2, 1945, 1141. Rumley, Clifton Eugene, May 25, 1186. Selby, Ivan Henry, May 31, 1941, Eastern Virginia. 1943, Northern West Virginia. Eastern Illinois. 1093. Rice, Samuel William, July 21, 1943, — 1142. Russell, Wallace E., November 14, 1187. Self, Glenn Richard, April 6, 1943, Eastern Pennsylvania. 1942, Minnesota. Western North Carolina, October 1, 1945, 1097. Richards, Frederick Howard, Novem­ 1143. Ryder, Paul Fleming, March 24, 1945, Western North Carolina. ber 26, 1941, Eastern Pennsylvania. Southern California. 1188. Sellers, Warren Claud, January 14, 1098. Richards, William Lippincott, July 1144. Rytting, James Robert, April 3, 1945, 1943, Northern Texas. 1189. Sequin, William, March 21, 1944. 13, 1942, Southern Ohio. Utah. 1099. Richardson, Jesse James, December 1145. Sakaguchi, Kxmichika, October 2, Eastern Michigan. 12, 1944, Western Kentucky. 1944, Idaho, 1190. Sexton, Dempsy Ray, January 18, 1100. Richter, William Michael, September 1146. Sakaguchi, Sumio, October 2, 1944, 1943, Utah. 25, 1944, Western New York. Idaho. 1191. Sharp, James Louis, November 13, 1101. Ricketts, Ernest, February 21, 1942, 1147. Sakalouski, Albert Charles, , Western Arkansas. Northern Oklahoma. 10, 1943, Connecticut. 1192. Sharp, Milton Clifford, May 20, 1946, 1102. Rideout, Earl Carfield, September 18, 1148. Sakamoto, Hisanari, October 7, 1946, Southern California. 1944, Western Pennsylvania. Arizona. 1193. Shaunessy, Edward, April 13, 1942, 1103. Riggs, Calvin Carl, April 3,1945, Utah. 1149. Sakamoto, Hisatoshi Harry, October Southern Indiana. 1104. Rinko, Alexander, October 17, 1944, 7, 1946, Arizona. 1194. Shelton, Virgil, November 27, 1943, Northern (Illinois. 1150. Sakaniwa, Michio, October 7, 1946, Eastern Missouri. 1195. Shepard, Duane D., April 11, 1945, 1105. Rios, Ernesto Galvan, December 17, Arizona. Southern Illinois. 1945, Southern Texas. 1151. Sakata, Tom Minoru, October 7, 1946, 1196. Sherman, Edgar P., July 3,1944, West­ 1106. Rissler, Isaac Martin, January 6, 1942, Arizona. Eastern Pennsylvania, September 18, 1944, 1152. Sako, James Satoru, June 16, 1944, ern New York. 1197. Sherman, James Oddsey, August 3, Eastern Pennsylvania. Wyoming. 1107. Roach, Miles Claude, Arizona. 1153. Sako, Tamotsu' Tom, July 9, 1945, 1943, Southern Florida. 1108. Roberts, Bruce Fulton, December 16, Wyoming. 1198. Sherwood, Paul Robert, November 16, 1943, Eastern Tennessee. 1154. Salmon, Carmon Green, April 7, 1944, 1943, Northern New York. 1109. Roberts, Eddie, October 17, 1946, Northern Mississippi. 1199. Shibata, Takeo, June 20, 1944, East­ Southern West Virginia. 1155. Salyers, George Letter, June 11, 1942, ern Arkansas. 1200. Shicemasa, George Takeshi, October 1110. Roberts, Joseph James, April 24, 1946, Colorado. Eastern New York. 1156. Samson, Carl Theodore, May 28, 1943, 7, 1946, Arizona. 1201. Shimada, Harry Masao, January 9, 1111. Robertson, Raymond Kalama, May 22, Minnesota. 1942, Hawaii. 1157. Sanchez, Santiago, July 20, 1944, 1943, Hawaii. 1202. Shimane, Chester Toru, June 26, 1112. Robinson, Dale, March 4, 1946, East­ Eastern New York. ern Arkansas. 1158. Sanders, Edwin Alan, November 18,. 1944, Wyoming. 1113. Robinson, James, September 28, 1942, 1940, Oregon. 1203. Shimane, Fred Katsumi, June 26, Eastern Washington. 1159. Sanderson, Robert Daniel, May 18, 1944, Wyoming. 1204. Shimane, George Fujio, June 26,1944, 1114. Robinson, James Milton, May 31,1943, 1943, Northern Alabama Wyoming. Western Kentucky. 1160. Sandlin, Irven, April 3, 1945, Western 1205. Shimane, Isamu, June 26, 1944, Wyo­ 1115. Robinson, John Wesley, January 28, Arkansas. 1944, Northern Alabama. 1161. Santiago, Angello Relies, May 11,1942, ming. 1206. Shimane, June, -July 9, 1945, Wyo­ 1116. Robinson, Kendall, October 23, 1943, Hawaii. Southern California. 116?. Sappington, John William, October ming. 1207. Shimizu, Mineto, October 7, 1946, 1117. Robinson, Richard Grant, March 27, 28, 1942, Northern Oklahoma. 1945, Eastern Pennsylvania. 1163. Satterthwait, Arnold C., November Arizona. 1208. Shimizu, Sunao Mike, October 7, 1118. Robinson, Rubin, November 18, 1946, 26, 1941, Eastern Pennsylvania, September 8, Eastern South Carolina. 1943, Eastern Pennsylvania. 1946, Arizona. 1209. Shimpo, Toshio Tom, October 7, 1119. Robles-Marquez, Juan, April 9, 1946, 1164. Saul, Samuel, August 30, 1943, West­ Western iexas. ern New York. 1946, Arizona. 1210. Shindlebower, Charles Frederick, Oc­ 1120. Rock, Harry, April 1, 1941, Arizona. 1165. Saunders, Aldice Revella, October 30, 1121. Rodell, Harry Dean, March 16, 1943, 1942, Northern California. tober 23, 1944, Southern California. . 1211. Shinta, Kengi, June 26, 1941, Wyo­ Eastern Arkansas. 1166. Saunders, James Earl, October 30, 1942, Northern California. ming. 1122. Rodgers, Donald, October 23, 1942, 1167. Saunders, Orville Francis, October 30, 1212. Shinzu, Osamu Sam, June 20, 1944, Colorado. 1942, Northern California. Eastern Arkansas. * 1123. Roehrick, Edwin Fred, July 10, 1944, 1168. Sauseda, Jose, March 8, 1943, South­ 1213. Shirk, Abraham Wenger, June 21, Southern California. ern Texas. 1943, Eastern Pennsylvania. 1124. Roehrick, Harry Vernon, October 22, 1169. Schear, Lloyd Benner, October 30, 1214. Shirk, Amos Souder, January 12,1944, 1945, Southern California. 1941, Middle Pennsylvania. Eastern Pennsylvania. 8742 RULES AND REGULATIONS

1215. Shirk, David, September 18, 1944, 1260. Stafford, Willie Jack, December 17, 1307. Swiatkowskl, John William, Marsh 8, Eastern Pennsylvania. 1943, Middle Georgia. 1942, Rhode Island. 1216. Shirk, Elam Sauder, September 18, 1261. Staggers, Eugenia Ford, March 14, 1308. Swierk, Walter, October 13, 1943, 1944, Eastern Pennsylvania. 1946, Middle Alabama. Southern New York. 1217. Shirk, John, December 16, 1942, East­ 1262. Stalnaker, Stanley Eugene, July 13, 1309. Sydlik, Daniel, July 17, 1944, South­ ern Pennsylvania. 1942, Eastern Missouri. ern California. 1218. Shirk, Weaver Weber, January 12, 1263. Stanke, John Peter, April 18, 1944, 1310. Sylvester, Warren Benedict, July 29, 1944, Eastern Pennsylvania. Southern New York. 1943, Western Pensylvania. 1219. Showalter, Harry Edward, September 1264. Stanley, Lew Victor, January 18, 1945, 1311. Szymanski, Thaddeus Alexander, 28, 1942, Northern West Virginia. Eastern Wisconsin. January 15, 1941, Eastern Michigan, August 5, 1943, Eastern Michigan. 1220. Shubin, John Andrew, April 29, 1946, 1265. Stanton, Richard Manny, July 30, 1312. Taege, Everett Clarence, September Southern California. 1942, Eastern Pennsylvania. 21, 1942, Nebraska. 1221. Sideris, Nicholas Charles, Jahuary 19, 1266. Stark, Walter William, December 22, 1943, Eastern Michigan. 1313. Taguma, Norboru, June 30, 1944, 1944f"Massachusetts. 1267. Stasko, Melvin Edward, April 10,1945, Colorado. 1222. Silva, John Jr., June 15, 1943, Hawaii. Western Wisconsin. 1314. Taynaka, Kenichi Ken, June 26, 1944, 1223. Silverstein, Manfried, July 13, 1945, 1268. Stauffer, Aaron Brubaker, October 25, Wyoming. Northern Illinois. 1945, Middle Pennsylvania. 1315. Tajii, Gengo, October 7,1946, Arizona. 1224. Simalton, Willie Lee, August 12, 1946, 1269. Stauffer, Titus Gebman, October 25, 1316. Tajii, Kingo, June 11, 1945, Arizona. Northern Georgia. # 1945, Middle Pennsylvania. 1317. Takahashi, George Toshiharu, June 1225. Simmons, Johnie, June 27, 1946, 1270. Steele, Charles Arthur, January 22, 30, 1944, Colorado. Southern Georgia. 1943, Northern Illinois. 1318. Takhashi, Teruo Slim, October 7, 1226. Simms, Arthur Eugene, May 15, 1944, 1271. Steele, Merle Everett, November 28, 1946, Arizona. Southern New York. 1942, Eastern Illinois. 1319. Takamoto, George Shirhio, June 30, 1227. Simms, William, March 18, 1942, East­ 1272. Stefula, John, May 17, 1943, Northern 1944, Colorajlo. ern Missouri. Illinois. 1320. Takamoto, Yoshio, June 30, 1944, 1228. Simon, Albert, December 18, 1942, 1273. Stein, Beryl, July 16, 1943, Northern Colorado. Maryland. Illinois. 1321. Takasaki, Noboru, October 7, 1946, 1229. Simon, Edward David, August 31,1942, 1274. Steinert, Sturge, January 21, 1941, Arizona. Southern California. Eastern Pennsylvania. 1322. Takashima, Mamoru, February 20, 1230. Simpson, Kenneth F., May 18, 1942, 1275. Stephens, Carroll Palmer, October 19, 1945, Idaho. Western Pennsylvania, January 12, 1945, 1944, South Dakota. 1323. Takeguma, Hideichi, June 11, 1945, Western Pennsylvania. 1276. Stephens, Robert Winston, June 6, Arizona. 1231. Simpson, Kirkland Roland, , South Dakota. 1324. Takeuchi, Hideo, October 30, 1944, 22. 1943, Southern Iowa. 1277. Stern, Lee Donald, December 7, 1942, Colorado. 1232. Siteman, Stephen Francis, April 28, Northern Ohio. 1325. Tamashiro, Masnobu, December 21, 1942, Massachusetts. 1278. Stevens, Eval Stanley, April 20, 1944, 1942, Hawaii. 1233. Skees, Walter Vernon, October 27, Southern New York. 1326. Tamashiro, Shunsho, October 24, 1943, Southern New York. 1279. Stevens, Teddy Roosevelt, May 8,1945, 1942, Hawaii. 1234. Sleeva, Albert, Jr., January 18, 1944, Western Louisiana. 1327. Tamesa, Minola, June 26, 1944, Wyo­ Middle Pennsylvania. 1280. Stevenson, Jerome Edward, February ming. 1235. Smiley, Michael, July 13, 1944, South­ 27, 1945, Northern Illinois. 1328. Tanabe, George Naoichi, June 26, ern California. 1281. Steveson, Willie P., April 3, 1944, 1944, Wyoming. 1236. Smilnak, Michael, March 19, 1946, Western Tennessee. 1329. Tanabe, Shigeharu, October 7, 1946, Northern Ohio. 1282. Stone, Heber Pearse, July 3, 1942, Dis­ Arizona. 1237. Smith, Adolph, October 5, 1941, West­ trict of Columbia. 1330. Tanahara, Leo, October 7, 1946, Ari­ ern New York. 1283. Strait, Cedric W., March 25, 1946, zona. 1238. Smith, Alton Dewdrop, July 23, 1943, Western New York. 1331. Tanaka, Leo Riniche, (October 7, 1946, Northern West Virginia. 1284. Strate, Ruben Arnold, April 24, 1943, Arizona. 1239. Smith, Calvin C., December 4, 1945, Nebraska. 1332. Tannenbaum, Jerome, November 23, Eastern Pennsylvania. 1285. Strege, Daniel Julius, November 30, 1942, Eastern New York. 1240. Smith, Clarence, November 17, 1941, 1943, Northern Illinois. 1333. Tashiro, Frank Kiyoshi, September Southern Mississippi. 1286. Strege, Galveston Carl, December 21, 29, 1944, Idaho. 1241. Smith, Clyde Leon, November 14,1942, 1943, North Dakota. 1334. Tatum, Arlo, November 10, 1942, Eastern Illinois. 1287. Stricklen, Tonsil, April 21, 1944, Northern Iowa. 1242. Smith, Donald Tait, December 9,1943, Western Arkansas.. 1335. Tatum, Elmer Lyle, May 13, 1944, Eastern New York. 1288. Stricklin, Gordon A., February 15, Southern Iowa. 1243. Smith, Ernest, June 7, 1946, New 1943, Nebraska. 1336. Taylor, Alex, October 7, 1942, West­ Jersey. 1289. Strobel, Charles Quentin, March 26, ern Louisiana. 1244. Smith, George, May 20,1942, Southern 1942, Southern Indiana. 1337. Taylor, Percy, November 3, 1941, Mississippi. 1290. Stucky, Carl J., September 11, 1945, Southern Mississippi. 1245. Smith, Henry Alex, September 23, Kansas. 1338. Taylor, Russell Arden, March 22, 1291. Stull, Donald Edmond, November 17, 1946, Eastern South Carolina. 1945, Southern California. 1246. Smith, James Edward, May 7, 1942, 1943, Montana. 1339. Taylor, Willy T.,May 20, 1942, South­ 1292. Sturdivant, Horace, February 13, Eastern North Carolina. ern Mississippi. 1247. Smith, James Russell, January 25, 1945, Southern Alabama. 1340. Tekunoflf, John Michael, October 13, 1293. Sugihara, George Jiro, January 25, 1946, Western Oklahoma. 1943, Southern California. 1248. Smith, John Paul, January 12, 1944, 1946, Utah. 1341. Thomas, Benjamin Alvin, July 7, 1294. Sugita, George, October 7, 1946. Ari­ Eastern Pennsylvania. 1944, Western Pennsylvania. zona. 1249. Smith, John Wesley, March 18, 1941, 1342. Thomas, Clarence Alfred, November 1295. Sugita, Tdfuji, July 9,1945, Wyoming. Eastern North Carolina. 23, 1943, Southern New York. 1296. Suko, Shoji, October 23, 1944, Idaho. 1250. Smith, Roosevelt Snue, March 19, 1343. Thomas, Fred, December 14, 1945, 1945, Middle Georgia. 1297. Sullivan, Herman, March 22, 1943, Eastern Virginia. Northern Alabama. 1251. Smith, Wesley Graham, December 28, 1344. Thomas, Nathaniel, February 15,1943, 1943, Connecticut. 1298. Sullivan, John Edward, June 5, 1944, Western New York. Hawaii. 1252. Smith, William, March 27, 1947, 1345. Thompson, Cecil M., January 6, 1944, Southern Alabama. 1299. Sumi, Noboru, June 26, 1944, Wyo­ ming. Western Tennessee. 1253. Smith, Willie James, November 80, 1346. Thompson, Edgar Houston Darr, 1945, Southern Georgia. 1300. Sumi, Sachio Bill, June 26, 1944, Wyoming. January 6,1944, Western Tennessee. 1254. Sohriakoff, Fred Steve, March 27, -1347. Thompson, Edwin Edgar, , Southern California. 1301. Sumida, Ken Kenroku, June 26, 1944, Wyoming. 26, 1943, Southern New York. 1255. Solis, Miguel Ramirez, January 27, 1348. Thompson, James William, July 10, 1302. Sumida, Robert Masashi, June 22, 1945, Southern California. 1945, Montana. 1943, Eastern Illinois. 1256. Spadavecchia, Nicholas, February 28, 1303. Suzuki, Attushi, June 26, 1944, 1349. Thompson, Marshall Neal, , Southern New York. Wyoming. 6, 1944, Western Tennessee. 1257. Spaulding, John Floyd, December 7, 1304. Suzuki, Masayo, July 9, 1945, Wyo­ 1350. Thompson, Leon, January 24, 1941, 1943, Northern Iowa. ming. Nevada. ' 1258. Spore, William Charles, April 26,1943, 1305. Suzuki, Shizumi, July 9, 1945, Wyo­ 1351. Tibbs, Clarence, September 19, 1941, Eastern Wisconsin. ming. Southern Mississippi. 1259. Staffiero, Frank, March 10, 1942, Ari­ 1306. Swiatkowskl, Chester Benny, October 1352. Tilegan, Mike, January 2, 1915» zona. 8, 1942, Rhode Island. Southern California. Wednesday, Decem ber 24, 1947 FEDERAL REGISTER 8743

1353. Tiller, Perry Lee, December 31, 1945, 1400. Volmer, Carl Albert, January 5, 1943, 1446. Wilkes, Beverly Harth, November 15, Northern Georgia. South Dakota. 1944, Eastern Virginia. 1354. Tillquist, Edward Brooks, December 1401. Volmer, Elmer Herman, January 6, 1447. Willey, Floyd Issac, March 12, 1946, 30, 1943, Western Missouri. 1043, South Dakota. K&ns&s 1355. Timmons, Harold Lee, October 18, 1402. Volz, Albert Richard, August 8, 1945, 1448. Williams, Curtis, April 5, 1944, West­ 1944, Eastern Illinois. Northern Illinois. ern Louisiana. 1356. Tono, Jack Kiyoto, June 26, 1944, 1403. Von Korft, Richard Walter, October 1449. Williams, Harry Rodney, April 6, Wyoming. 31, 1945, Southern Iowa. 1944, Eastern Arkansas. 1357. Tootle, James Douglas, February 25, 1404. Waddis, George, September 12, 1944, 1450. Williams, Jack Luther, October 26, 1944, Southern Georgia. Eastern Illinois. 1943, Eastern North Carolina. 1358. Towns, John Derry, March 24, 1945, 1405. Wadley, Thomas Lee, April 2, 1945, 1451. Williams^ James Earl, January 9, Southern Alabama. Eastern Arkansas. 1945, Southern New York. 1359. Towns, Samuel B„ March 24, 1945, 1406. Wagenscheim, Norman Oscar, No­ 1452. Williams, John, November 6, 1944, Southern Alabama. vember 25, 1941, Southern Texas. Southern Florida. 1360. Towns, Samuel C., March 24, 1945, 1407. Waishman, John Thomas, March 21, 1453. Williams, Johnnie, April 6, 1943, Southern Alabama. * 1944, Delaware. Southern Florida. - 1361. Townsend, Earl, March 16, 1943, Ne­ 1408. Walden, David Carroll, September 2, 1454. Williams, Melvin Robert, December braska, 1942, Southern California. 18, 1944, Maryland. 1362. Trimble, James Milton, March 15, 1409. Wall, Carl L., January 7, 1947, West­ 1455. Williams, Nathaniel, November 15, 1946, Western Missouri. ern Virginia. 1943, Southern Mississippi. 1368. Trombino, Salvadore A., October 8, 1410. Wallace, Jack Estle, March 8, 1944, 1456. Willis, William Althee, June 29, 1941, Eastern Louisiana. Eastern Tennessee. 1943, Eastern Illinois. 1364. Truschel, Fred Albert, November 25, 1411. Wallace, James, November 4, 1943, 1457. Wilson, David Collier, December 18, 1942, Western Arkansas. Northern Mississippi. 1942, District of Columbia. 1365. Tsunoda, Ken, October 7, 1946, Ari­ 1412. Ward, Clifton Clyde, March 8, 1945, 1458. Wilson, Harry Leon, Jr., October 20, zona. New Mexico. 1943, Northern California. 1366. Tsuyuki, Sumio, June 26, 1944, Wyo­ 1413. Ward, Louis Frederick, May 1, 1944, 1459. Wilson, Howard Henry, June 3, 1941, ming. Kansas. Eastern Virginia. 1367. Tucker, George, November 28, 1944, 1414. Warren, Solomon, October 7, 1946, 1460. Wilson, James Carl, October 29, 1945, Southern New York. Middle Georgia. Southern California. 1368. Turner, Alfronzo, June 26, 1944, 1415. Washington, George, April 12, 1944, 1461. Wilson, John Albert, November 22, Southern West Virginia. Eastern Louisiana. 1943, Southern New York. 1369. Turner, Hayes, April 19, 1946, Middle 1416. Washington, Lee Woodrow, May 10, 1462. Wilson, Lajoie Bodager, May 29, 1946, Georgia. 1943, Northern Mississippi. Northern Ohio. 1370. Turner, John Edward, March 21,1941, 1417. Washington, West, March 10, 1945, 1463. Wilson, Winslow, January 28, 1941, Southern Alabama. Southern Florida. Minnesota. 1371. Turner, Rollie, June 17, 1942, Eastern 1418. Watanabe, Hirom, July 9, 1945, Wyo­ 1464. Winchester, Harvey Patrick, August Kentucky. ming. 21, 1944, Nbrthern California. 1372. Turner, William, January 12, 1942, 1419. Watkins, William, October 9, 1944, 1465. Winsett, Thomas Travis, November Southern Mississippi. Eastern Missouri, 9, 1942, Northern Texas. 1373. Twitchell, William Thompson, Jr., 1420: Watson, Alfred Anthony, November 1466. Wispe, Lauren, May 12,1942, Northern July 16, 1943, Southern Florida. 18, 1943, District of Columbia. Illinois. 1374. Tymkiw, Harry J., November 3, 1943, 1421. Wattler,¿Walter Frank, June 28, 1943, 1467. Wolfe, Jim, April 8, 1941, Eastern Eastern Michigan. Eastern Missouri. Oklahoma. 1375. Uyechi, Joe Kejo, October 7, 1946, 1422. Watts, Carlr-May 28, 1946, Northern 1468. Wood, Paul Hanson, August 8, 1942, Arizona. Florida. Southern California. 1376. Uyeda, George Susumu, June 26,1944, 1423. Watts, Harold Thornton, March 17, 1469. Wood, Walter Eugene, May 24, 1943, Wyoming. 1943, Middle Pennsylvania. Eastern South Carolina. 1377. Uyeda, James Tsutomu, July 9, 1945, 1424. Wayne, Edward, August 10, 1945, 1470. Woods, Alfred, February 11,1943, New Wyoming. Southern Indiana. Jersey. 1378. Uyeda, Riyou, June 30, 1944, Colo- 1425. Wayne, Thomas John, March 1, 1944, 1471. Woody, Otis, January 6, 1943, Eastern ' rado. ' ' ".-'i“ ^ . :V/ Idaho. Michigan. 1379. Uyeda, Roy Masao, July 9, 1945, Wyo­ 1426. Webb, Calvin, October 16, 1944, West­ 1472. Worth, Vaughn Ora, November 8, ming. ern Louisiana. 1943, Western Wisconsin. 1380. Uyemoto, Terry Teruo, October 28, 1427. Weber, Raymond Louis, March 6, 1473. Wright, Frank, November 4, 1943, 1944, Colorado. 1942, Southern Illinois, Eastern North Carolina. 1381. Uyenura, Torao, June 26, 1944, Wyo­ 1428. Weigl, Frank, May 31, 1944, Northern 1474. Wright, Millard Leslie, September 21, ming. Ohio. 1945, Colorado. 1382. Uyeno, Shigero, June 26, 1944, Wyo­ 1429. Weis, Frank William, February 3, 1475. Wright, Mose, Jr., September 23, 1943, ming. _ 1943, Southern Texas. Southern Florida. 1383. Vaiksnoras, Alger Thomas, February 1430. Weiss, Emil Marion, June 14, 1943, 1476. Wyatt, Cecil Arden, May 31, 1945, 4, 1944, Northern Ohio. Western Missouri. Eastern New York. 1384. Valenzuela, Julio, March 4, 1946, 1431. Welch, James Franklin, January 28, 1477. Wynes, William Paul, October 27, Western Texas. 1946, Western New York. 1943, Eastern Michigan. 1385. Valov, James Timothy Peter, Janu­ 1432. Welch, Raymond Bernard, January 1478. Yaccarine, Vincent John, January 19, ary 14, 1946, Southern California. 18, 1944, Eastern Wisconsin. 1945, New Jersey, March 31, 1945, New Jersey. 1386. Van Huizen, Albert, December 27, 1433. Wensley, Buck. Arizona. 1479. Yamada, Fumio Bill, October 7, 1946, 1940, South Dakota. 1434. White, David Benjamin, February 8, Arizona. 1387. Van Huizen, Henry, December 27, 1943, Eastern Oklahoma. 1480. Yamada, Samuel, October 7, 1946, 1940, South Dakota. 1435. White, Fiank Arthur, November 8, Arizona. 1388. Vaughn, Clinton Grey, June 3, 1946, 1943, Southern OllTO. 1481. Yamakawa, Toyoji, October 7, 1946, Western North Carolina. 1436. White, Paul Raymond, September 25, Arizona. 1389. Venable, Jesse Junior, July 27, 1944, 1944, Southern California. 1482. Yamakido, Joe Atsumi, October 24, Southern New York. 1437. Whitson, Charles A., March 2, 1943, 1944, Eastern Arkansas. 1390. Venhuizen, Robert, September 22, Western Washington. • 1483. Yamamato, Yukio, October 7, 1946, 1942, South Dakota. 1438. Wickey, Rudolph C., October 2, 1945, Arizona. 1391. Venhuizen, Tonnis, September 22, Northern Illinois. 1484. Yamamoto, Yutaka, October 7, 1946, 1942, South Dakota. 1439. Wideman, James Henry Spencer, Jan- Arizona. 1392. Venhuizen, Warmolt Klass, March 21, , uary 18, 1946, Northern Alabama. 1485. Yamamura, Masakazu, September 25, 1944, Western Texas. 1440. Wiertzema, George, January 16, 1945, 1944, Idaho. 1393. Vid, Bernard Ignatius, May 22, 1944, Minnesota. 1486. Yamasaki, Hedio Frank, September Western Pennsylvania. _____ 1441. Wiest, Donald Glen, February 28, 29, 1944, Idaho. 1394. Viel, Fabienna, May 29, 1942, Maine. 1944, Eastern Pennsylvania. 1487. Yamasaki, Junichi, October 7, 1946, 1395. Vigliotti, Angelo Joseph, April 30, 1442. Wiggins, Wallace William, October 10, Arizona. 1943, Eastern Pennsylvania. 1488. Yamauchi, Hiroshi, October 28, 1944, 1942, Northern California. 1396. Villa, Jose Gonzalez, June 18, 1946, Colorado. Western Texas. 1443. Wilbank, Elmer B., November 17, 1489. Yamauchi, Sosuki, December 27,1944, 1397. Visaya.'Sibiro, May 7,1942, Hawaii. 1943, Eastern Missouri. Hawaii. 1398. Volker, Thomas Elwood, January 19, 1444. Wilderman, Russell J., January 29, 1490. Yamazumi, George Katamori, July 18, 1944, June 13, 1945, New Jersey. 1942, Eastern Missouri. 1944, Colorado. 1399. Volkoff, Alexis, May 9, 1945, Southern 1445. Wiley, Floyd Joseph, June 10, 1943, 1491. Yanagisako, Edward Hiromu, June New York. Northern Illinois. 26, 1944, Wyoming. 8744 RULES AND REGULATIONS

1492. Yano, Ben, March 27,1944, Arizona. TITLE 6— AGRICULTURAL CREDIT tainers of this type will not be purchased. 1493. Yasuda, Kentaro, October 2, 1944, Prices shown are generally applicable to Idaho. Chapter II— Production and Mar­ 1494. Yasuda, Minoru, October 7, 1946, the Midwest area and are for fowl of two Arizona. keting Administration (Commodity weight groups. If purchase operations 1495. Yenokida, Susumu, June 30, 1944, Credit) are later conducted for young chickens Colorado. (excluding chickens weighing less than 1496. Yenokida, Tsutumo Ben, October 28, P art 299— P o u l t r y and P o u l t r y 3V2 pounds live weight and all broilers), 1944, Colorado. P roducts or for fowl in areas other than the Mid­ 1497. Yoder, Dan, June 9, 1943, Southern west, purchases will be made which will Mississippi. - c h ic k e n s 1498. Yokoyama, Harry Shoji, October 20, reflect prices of not less than 90 percent Public announcement relating to of parity to producers of such chickens 1941, Hawaii. chickens (excluding chickens weighing 1499. Yoneo, Domon, October 7, 1946, Ari­ or fowl. Announced producer and pur­ zona. less than 3 % pounds live Weight and all chased prices for fowl in the Midwest 1500. Yoshida, George Maseo, June 26,1944, broilers) has heretofore been made (6 area are: Wyoming. F. R. 4644; 7 F. R. 422, 9986; 9 F. R. 4837; Cents 1501. Yoshida, Kei, July 9, 1945, Wyoming. 11 F. R. 2651; 12 F. R. 1187; 5689), pur­ Producer prices (liv e ): per pound 1502. Yoshida, Kenichiro Mike, November suant to the provisions of section 4 (a) Fowl (4^4 pounds and over, live 4, 1944, Utah. of the act approved July 1,1941 (55 Stat. w eight): 1503. Yoshida, Sakaye, November 4, 1944, 498), as amended October 2, 1942 (56 (a) Processing plant price______22.50 Utah. Stat. 768), and February 28, 1944 (58 (b ) Farm price______20.00 1504. Yoshida, Shingo, October 7, 1946, Fowl (from 3'/2 .to 4% pounds live Arizona. Stat. 105). weight) : 1505. Yoshimura, Fumio, October 7, 1946, Statement of policy. The United (a ) Processing plant price______17.50 Arizona. States Department of Agriculture, (b) Farm price______15.00 1506. Yoshimura, John Yoshikiko, October through the Commodity Credit Corpora­ Purchase prices (New York dressed): 7, 1946, Arizona. tion, will offer to purchase fowl of the Grade A fowl (weighing 48 pounds 1507. Yoshimura, Niro Diclr, September 30, 1947 crop during the period December 3, and over net per box of 12 birds) _ 31.00 1944, Idaho. 1947, through March 31, 1948. No de­ Grade A fowl (weighing from 36 to 1508. Younce, James Fuson, May 12, 1941, 48 pounds net p*r box of 12 birds). 26.00 Eastern Kentucky. liveries will be accepted after April 15, 1509. Young, Johnnie B., October 25, 1943, 1948. These purchases will help pro­ The above purchase prices are Grade Southern Mississippi. ducers speed up the culling of hens and A dressed prices for box-packed fowl at 1510. Young, Lee Daniel, August 15, 1944, thus aid the poultry industry in carrying the point of purchase. Grade B prices Southern California. out its pledge to the Citizens Food Com­ will be 3.0 cents per pound less on all 1511. Young, Thomas, January 13, 1947, mittee to conserve grain. Purchases will classes, both live and dressed. Fowl of Eastern Pennsylvania. be limited to frozen, New York dressed 1512. Young, Wallace Elmore, March 13, lower than Grade B quality will not be 1944, Eastern Pennsylvania. fowl proceesed from live fowl purchased purchased. No lot of dressed fowl weigh­ 1513. Yumen, Ben Tsutomi, October 7, and dressed on or after December 3, ing less than an average of 36 pounds 1946, Arizona. 1947. net per box of 12 birds will be purchased. 1514. Yuninger, Warren Jacob, December Certification must be%made by each 19, 1946, Western Washington. vendor other than a producer or producer (Sec. 4 (a ), 55 Stat. 498, as amended; 15 U. S. C. 713 (a )-8) 1515. Zambora, Jose Santello, May 15, 1946, agent that, during the period December Montana. 3, 1947, to the date of purchase by Com­ Dated this 18th day of December 1947. 1516. Zandpergen, Howard K., September modity Credit Corporation from such 23, 1943, Western Michigan. [ se al] J esse B. G ilm e r , 1517. Zbik, Louis Walter, March 16, 1944, vendor, he purchased and processed the President, Eastern Michigan. chickens sold, and he paid producers an Commodity Credit Corporation. 1518. Zernit, Sidney, March 2, 1943, South­ average by classes of not less than the ern New York. announced producer live prices for all [F. R. Doc. 47-11257; Filed, Dec. 23, 1947; 1519. Zilton, Edward, November 12, 1942, chickens of these classes purchased by 8:47 a. m.] Hawaii. him from producers. He must further 1520. Zimmerman, Elmer T., February 3, certify that for chickens delivered to the 1943, Middle North Carolina. 1521. Zimmerman, George Martin, Janu­ processing plant by producers during TITLE 7— AGRICULTURE such period, he paid not less than the ary 6, 1942, Eastern Pennsylvania, September Chapter IV— Federal Crop Insurance 18, 1944, Eastern Pennsylvania. announced processing plant prices by _ 1522. Zolner, George Thomas, July 2, 1943, classes and that in the event he has pro­ Corporation Southern Ohio. cured live chickens from a country pro­ P art 415— F la x C rop I nsurance 1523. Zussman, Albert, September 14, 1942, curer, such procurer has provided him Eastern New York, with a certification that producers have SUBPART— REGULATIONS FOR CONTINUOUS [F. R. Doc. 47-11367; Filed, Dec. 23, 1947; been paid an average by classes of not CONTRACTS COVERING THE 1948 AND SUC­ 12:01 p. m.] less than the announced live prices for CEEDING CROP YEARS (YIELD INSURANCE) all chickens of these classes purchased by the procurer during the period Decem­ The Federal Crop Insurance Program is part of the general program of the TITLE 5— ADMINISTRATIVE ber 3,1947, to the date of sale to the prbc- essor. In the case ofpjirchases from a United States Department of Agriculture PERSONNEL vendor who buys frdm producers on a administered for the benefit of agricul­ dressed weight basis, certification must ture. Chapter I— Civil Service Commission be made that, during the period Decem­ By virtue of the authority vested in the ber 3, 1947, to the date of purchase by Federal Crop Insurance Corporation by P art 30—A n n u a l and S ic k L eave Commodity Credit Corporation from the Federal Crop Insurance Act, as R eg u lat io n s such vendor, he paid an average of amended, these regulations are hereby published and prescribed to be in force Correction dressed prices to the producers that and effect with respect to continuous would reflect not less than the announced In the republication of the regulations flax crop insurance contracts for the live prices by classes. Vendor’s purchas­ 1948 and succeeding crop years, until of the Civil Service Commission, pub­ ing and processing cost records must be lished in the issue of November 5,1947, as amended or superseded by regulations Federal Register Document No. 47-9917, available for a period of 3 years during hereafter made. paragraph (c) of § 30.201 was inadver­ business hours to substantiate his certi­ MANNER OF OBTAINING INSURANCE tently omitted. This paragraph reads as fication. Sec. follows: Prices set forth below are for Grade A 415.151 Availability of flax crop insurance. and Grade B fowl packed in box-packed 415.152 Application for insurance. (c) Temporary employees shall be 415.153 Acceptance of application by the credited with leave of 2% days for each commercially accepted containers. Fowl Corporation. month of service. packed in barrels, drums, or other con­ 415.154 Termination of contract. Wednesday, Decem ber 24, 1947 FEDERAL REGISTER 8745

INSURANCE COVERAGE North Dakota: Barnes, Benson, Cass, Grand for flax crop insurance for the next suc­ Sec. Forks, La Moure, McLean, Nelson, Pembina, ceeding crop year, unless he subsequently 415.155 Insurable acreage. Pierce, Ramsey, Richland, Steele, Traill, files an application for insurance on or 415.156 Determination of insured acreage Walsh, Ward. before December 31, preceding such crop and insured interest. South Dakota: Day, Roberts. 415.157 Insurance period. •* year. 415.158 Amount of insurance. (b) Insurance will not be provided in (c) If the minimum participation re­ 415.159 Partial insurance protection. any county unless written applications quirement set forth in § 415.151 is not met 415.160 Causes of loss insured against. for insurance on flax are filed which for any year, contracts then in force 415.161 Causes of loss not insured against. cover at least 200 farms in the county or shall continue in force only to the end of PREMIUM FOR CONTRACT one-third of the farms normally pro­ the crop year for which suCh requirement ducing flax. For this purpose an insur­ is not met: Provided, however, That if 415.162 Amount of annual premium. ance unit shall be deemed to be a farm. such contracts, together with any new 415.163 Manner of payment of premium. § 415.152 Application for insurance. applications for flax crop insurance filed LOSS Application for insurance on a form en­ on or before the next succeeding ap­ 415.164 Notice of loss or damage of flax crop. titled “Application for Flax Crop In ­ plicable calendar closing date, are suffi­ 415.165 Released acreage. surance,” may be made by any person cient to meet the minimum participation 415.166 Time of loss. to cover his interest as landlord, owner- requirement, such contracts shall con­ 415.167 Proof of loss. tinue to be in force. 415.168 Amount of loss. operator, or tenant, in a flax crop. An application shall cover the applicant’s (d) If for two consecutive years no PAYM ENT OF IN DEM NITY interest in the flax crop on all insurable flax in which the insured has an insur­ 415.169 When indemnity payable. acreage, considered for crop insurance able interest is seeded in the county, the 415.170 Indemnity payment. purposes to be located in the county, in contract shall terminate 415.171 Other insurance. which the applicant has an interest at INSURANCE COVERAGE 415.172 Subrogation. the time of the seeding of the flax crop 415.173 Creditors. to be harvested in the 1948 and each suc­ § 415.155 Insurable acreage. For PAYMENT OF IN DEM NITY TO PERSONS OTHER ceeding crop year while the contract re­ each crop year of the contract any acre­ TH AN ORIGINAL INSURED mains in force: Provided, however, That age is insurable if a coverage is estab­ lished therefor for that crop year on the 415.174 Indemnity subject to all provisions an application executed by any person of contract. as an individual shall not cover his inter­ County*Actuarial Table and related ma­ 415.175 Collateral assigmhent of right un­ est as a partner in a crop produced by terial before the applicable calendar der contract. a partnership. Applications shall be closing date for filing applications for 415.176 Payment to transferee. submitted to the office of the county as­ insurance. Any acreage for which a 415.177 Death, incompetence, or disappear­ coverage is not established within the ance of insured. sociation or other office specified by the Corporation on or before the applicable time specified above shall not be con­ .415.178 Fiduciaries. sidered in any manner whatsoever un­ 415.179 Determination of person to whom closing date set forth in § 415.189. In indemnity shall be paid. case of death of the insured after the der the contract except as provided in §§ 415.168 (b) and 415.185. REFUNDS OF EXCESS NOTE PAYMENTS seeding of flax is begun for any crop year, any additional acreage which is § 415.156 Determination of insured 415.180 Refunds of excess note payments. planted for the insured’s estate for that acreage and interest, (a) Promptly after 415.181 Assignment or transfer of claims for crop year shall be covered by the refunds not permitted. seeding a flax crop each year, the in­ 415.182 Refund in case of death, incompe­ contract. sured shall submit to the Corporation, tence, or disappearance. § 415.153 Acceptance of application by on a form entitled “Flax Corp Insurance the Corporation, (a) Upon acceptance Acreage Report,” a report over his sig­ ESTABLISHMENT OF COVERAGE AND PREMIUM nature of the acreage seeded to flax on RATES of an application by a duly authorized representative of the Corporation, the each insurance unit in which he has an 415.183 Establishment of coverage per acre. interest at the time of seeding, and his 415.184 Establishment of premium rates. contract-shall be in effect commencing with the first crop year beginning after interest at the time of seeding in the GENERAL submission of the application, provided flax seeded for harvest as seed. If the 415.185 Records and access to farm. all the requirements in this subpart for insured does not have an insurable in­ 415.186 Applicant's warranties; voidance the acceptance of applications have been terest in flax seeded in any year, the for fraud. met. acreage report shall nevertheless be sub­ 415.187 Modification of contract. (b) The Corporation reserves the right mitted promptly after the seeding of 415.188 Rounding of fractional units. to reject any application for insurance in flax is generally completed in the county. 415.189 Closing date. its entirety or with respect to any defi­ Any acreage report submitted by the in­ 415.190 Maturity dates for annual pre­ sured shall be considered final and not miums. nitely identified acreage. 415.191 Meaning of terms. subject to change by the insured. S 415.154 Termination of contract. (b) The Corporation reserves the right A u t h o r i t y : §§ 415.151 to 415.191, inclusive, (a) Subject to the provisions of para­ to charge the insured $2.00 if the insured issued under secs. 506 (e ), 507 (c ), 508, 509, graph (c) of this section, the contract fails to submit a seeded acreage report and 516 ( b ) , 52 Stat. 73-75, 77, as amended, shall be in effect for the first full crop within 30 days after seeding of flax is Pub. Law 320, 80th Cong.; 7 U. S. C. and Sup. year following submission of the applica­ 1506 (e ), 1507 (c ), 1508, 1509, 1516 (b ). generally completed in the county, as tion and shall continue for each succeed­ determined by the Corporation. MANNER OF OBTAINING INSURANCE ing crop year until either party gives to (c) The insured acreage with respect the other party, on or before December to each insurance unit shall be the acre­ S 415.151 Availability of flax crop in­ 31 of any year, written notice of termina­ age of the flax seeded for harvest as surance. (a) Flax crop insurance under tion effective at the beginning of the suc­ seed as reported by the insured or as continuous contracts for the 1948 and ceeding crop year. Failure to terminate determined by the Corporation, which­ succeeding crop years will be provided the contract as herein provided, shall ever the Corporation shall elect: Pro­ only in accordance with this subpart in constitute acceptance of changes, if any, vided, however, That the Corporation the following counties: in the premium rate(s), amounts of in­ may elect to determine that the insured State and Counties surance and insurance coverages, and acreage is “zero” if the insured fails to any other changes in the contract. Any Iowa: Osceola. file an acreage report within 30 days notice given by the insured to the Cor­ Kansas: Allen, Anderson. after seeding of flax is generally com­ poration pursuant to this paragraph shall Minnesota: Becker, Blue Earth, Brown, Kan­ pleted in the county, as determined by diyohi, Kittson, Lac Qui Parle, Lincoln, be submitted in writing to the office of the Corporation: Provided further, That Lyon, Martin, Marshall, McLeod, Murray, the county association or other office insurance shall not attach with respect Nobles, Norman, Olmstead, Polk, Penning­ specified by the Corporation. to (1) any acreage seeded to flax which ton, Pope, Redwood, Roseau, Swift, Tra­ (b) If the insured terminates the con­ is destroyed or substantially destroyed verse, Wilkin. tract under the provisions of paragraph (as defined in § 415.165) and which can Montana: Sheridan. (a) of this section, he shall not be eligible be reseeded before it is too late to reseed 8746 RULES AND REGULATIONS to flax, as determined by the Corpora­ poration: Provided, however, That the (n) Failure properly to apply irriga­ tion, and such acreage is not reseeded Board of Directors may determine that tion water to flax in proportion to the to flax, or (2) any acreage initially for any county or area the contract shall need of the crop and the amount of water seeded to flax too late to expect to pro­ provide that loss in yield of flax due to available for all irrigated crops; or duce a normal crop, as determined by any of the foregoing causes is hot in­ (o) jShortage of irrigation water on the Corporation. sured. any farm where the Corporation deter­ (d) The insured interest with respect Where insurance is written on an irri­ mines that the total acreage of all irri­ to each insurance unit shall be the in­ gated basis, the contract shall also cover gated crops on the farm is in excess of sured’s interest in the crop at the time loss in yield due to failure of the water that which could be irrigated properly of seeding, as* reported by the insured or supply from natural causes that could with the facilities available and with the the interest which the Corporation de­ not be prevented by the insured, includ­ supply of irrigation water which would be termines as the insured’s actual interest ing (a) lowering of the water level in reasonably expected. at the time of seeding, whichever the pump wells adequate at the beginning of Corporation shall elect: Provided, how­ the growing season to the extent that PREMIUM FOR CONTRACT ever, That, for the purpose of determin­ either deepening the well or drilling a § 415.162 Amount of annual premium. ing loss, the insured interest shall not new well would be necessary to obtain The annual premium for each insurance exceed the insured’s actual interest at an adequate supply of water, (b) failure unit under the contract shall be based the time of loss, or the beginning of of public power used for pumping or fail­ upon (a) the insured acreage of flax for harvest, whichever occurs first. ure of an irrigation district or water com­ the insurance unit, '(b) the premium § 415.157 Insurance period. Insur­ pany to deliver water where such failure rate, (c) the insured interest in the crop ance with respect to any insured acreage is not within the control of the insured, at the time of seeding, and (d) the fixed shall attach at the time the flax is and (c) the collapse of casing in wells price. I f more than one premium rate seeded. Insurance shall cease with re­ where such collapse could not have been is applicable to the insurance unit, a spect to any portion of the flax crop cov­ foreseen and prevented by the insured: premium shall be computed separately ered by the contract upon threshing or Provided, however, That the acreage of using the -applicable acreage for each removal from the field but in no event flax which shall be insured on an irri­ rate, and the total of the amounts so shall the insurance remain in effect later gated basis in any year shall not exceed computed shall be the premium for the than October 31 of each year, unless that acreage which can be irrigated insurance unit. The annual premium such time is extended in writing by the properly with facilities available and for the contract shall be the total of the Corporation. with a supply of irrigation water which premiums computed for the insured for could reasonably be expected, taking into all insurance units covered by the con­ § 415.158 Amount of insurance. The consideration the amount of water re­ tract, I f the contract provides for par­ amount of insurance for each insurance quired to properly irrigate the acreage of tial insurance protection in accordance unit for each year under the contract all irrigated crops on the farm. with the provisions of § 415.159, the shall be the number of bushels of flax § 415.161 Causes of loss not insured premium shall be 65 percent of that determined by multiplying (a) the in­ computed as set forth above. The an­ sured acreage by (b) the coverage per against. The contract shall not cover damage to quality in any case or loss in nual premium with respect to any in­ acre and by (c) the insured interest in sured acreage shall be regarded as the crop at the time of seeding. It dif­ yield caused by: (a) Failure to follow recognized good earned when the flax crop on such ferent coverages per acre are applicable acreage is seeded. . to parts of the insurance unit, the farming practices; amount of insurance shall be computed (b) Poor farming practices, including §415.163 Manner of payment of pre­ separately, using the applicable acreage but not limited to the use of defective or mium. (a) By executing the application for each coverage per acre, and the total unadapted seed, failure to seed a suffi­ for flax crop insurance, the applicant of such computed amounts shall be the cient quantity of seed, failure properly to executes a premium note. This note rep­ amount of insurance for the insurance prepare the land for seeding or properly resents a promise to pay to the Corpora­ unit. to seed, care for or harvest and thresh tion annually during the life of the con­ the insured crop (including unreasonable tract, on or before the applicable ma­ § 415.159 Partial insurance protection. delay thereof); turity date specified in § 415.190, the An applicant may elect to take 65 per­ (c) Following different fertilizer or premium for all insurance units covered cent of the maximum protection availa­ farming practices than those considered by the contract. A penalty of three per­ ble under the. contract. This election in establishing the coverage per acre; cent shall attach on the principal amount may be made only on an application for (d) Seeding flax on land which is gen­ of any premium not paid on or before insurance filed on or before the closing erally not considered capable of produc­ December 31, following the maturity date for filing applications. An insured ing a flax crop comparable to that pro­ date, and ah additional three percent may elect to change from maximum pro­ duced on land considered in establishing shall attach on the principal amount of tection to 65 percent of the maximum the coverage; any premium unpaid at the end of each protection available under the contract (e) Seeding excessive acreage under six-month period thereafter. or to change from 65 percent protection abnormal conditions; (b) Payment of any annual premium to maximum protection by filing written (f) Seeding perennial or biennial le­ shall be made by means of cash or by notice thereof with the Corporation on gumes or perennial grasses with the flax check, money order, postal note, or bank or before December 31 of any year. Such or in the growing flax crop; draft payable to the order of the Treas­ change in amount of protection under (g) Seeding flax under conditions of urer of the United States. Any payment the contract shall be subject to approval immediate hazard; made before the fixed price is established by the Corporation and upon approval (h) Inability to obtain labor, seed, fer­ will be on an estimated basis and will be becomes effective for the next succeeding tilizer, machinery, repairs, or insect treated as a deposit until the fixed price crop year after the election. If the con­ poison; is established. All checks and drafts will tract provides for partial insurance pro­ (i) Breakdown of machinery, or fail­ be accepted subject to collection, and tection, the premium and indemnity, if ure of equipment due to mechanical de­ payments tendered shall not be regarded any, shall be 65 percent of the amount fects; as paid unless collection is made. otherwise computed in accordance with this subpart. (j) Neglect or malfeasance of the in­ (c) Any unpaid amount of any annual sured or of any person in his household premium (either before or after the date § 415.160 Causes of loss insured or employment or connected with the of maturity) plus any penalty due, may against. The contract shall cover loss in farm as tenant or wage hand; be deducted from any indemnity pay­ yield of flax while in the field due to un­ (k) Domestic animals or poultry; able by the Corporation, from the pro­ avoidable causes, including drought, (l) Theft; ceeds of any commodity loan to the in­ flood, hail, wihd, frost, winter-kill, (m) Failure to provide adequate cas­ sured, and from any payment made to lightning, fire, excessive rain, snow, wild­ ing or properly to adjust the pumping the insured under the Soil Conservation life, hurricane, tornado, insect infesta­ equipment in the event of a lowering of and Domestic Allotment Act, as tion, plant disease, and such other un­ the water level in pump wells where such amended, or any other Act of Congress avoidable causes as may be determined adjustment can be made without deepen­ or program administered by the United by the Board1 of Directors of the Cor- ing the well; States Department of Agriculture. Wednesday, Decem ber 24, 1947 FEDERAL REGISTER 8747

Where any such deduction is made be­ 60 days after the time of loss, unless the (b) Where the insured commingles fore the fixed price is established, the time for submitting the claim is extended production from two or more insurance amount of the deduction will be based in writing by the Corporation. It shall units or portions thereof and fails to es­ on an estimate of the amount of the be a condition precedent to any liability tablish and maintain records satisfac­ premium. under the contract that the insured tory to the Corporation of acreage or the LOSS establish the amount of any loss for production from each of the component which claim is made and that such loss parts, the insurance with respect to such § 415.164 Notice of loss or damage of has been directly caused by one or more units may be voided by the Corporation flax crop, (a) Unless otherwise pro­ of the hazards insured against by the for the year in question and the premium vided by the Corporation, if a loss is contract during the insurance period for forfeited by the insured: Provided, how­ probable, notice in writing shall be given the crop year for which the loss is ever, That, if all the component parts are the Corporation, at the office of the claimed, and that the insured further insured, the total amount of insurance county association, or other office speci­ establish that the loss has not arisen for the component parts shall be con­ fied by the Corporation, immediately from or been caused by, either directly or sidered as the amount of insurance for after any materai damage to the insured indirectly, any of the hazards not insured the combination, and any loss for such crop and before the crop is harvested, against by the contract. If a loss is combination shall be determined as out­ removed, or any other use is made of it. claimed, any flax acreage which is not to lined in paragraph (a) of this section. Any such notice shall be given in time be harvested shall be left intact until Where the insured fails to establish and to allow the Corporation to make ap­ the Corporation makes an inspection. maintain separate records, satisfactory propriate inspection. to the Corporation of uninsured acreage (b) Unless otherwise provided by the § 415.168 Amount of loss. fa) The and production therefrom and for one Corporation, if, at the completion of amount of loss for which an indemnity or more insurance units or portions threshing of the insured flax crop, a loss will be payable with respect to any insur­ thereof, any production from such acre­ has been sustained, notice in writing ance unit will be the amount of insurance age which is commingled with the pro­ shall be given immediately to the Corpo­ under the contract for such insurance duction from the insured acreage shall ration, at the office of the county associa­ unit, less the product of the insured in­ be considered to have been produced oh tion, or other office specified by the Cor­ terest and the total production for such the insured acreage, or the insurance poration. If such notice is not given unit: Provided, however, That if the with respect to such unit(s) under the within 15 days after threshing is com­ seeded acreage on the insurance unit ex­ contract may be voided by the Corpora­ pleted, the Corporation reserves the right ceeds the insured acreage on such unit, tion for the crop year in question and to reject any claim for indemnity This as determined by the Corporation, the the premium forfeited by the insured. notice is in addition to any notice re­ loss for which indemnity will be payable (c) If the contract provides for partial quired by paragraph (a) of this section. shall be determined by computing the insurance protection in accordance with loss for the seeded acreage (as though the provisions of § 415.159, the amount § 415.165 Released acreage. Any in­ the total seeded acreage were insured) sured acreage on which the flax crop has of loss for which an indemnity will be and reducing such loss on the basis of the payable shall be 65 percent of the been destroyed or substantially destroyed ratio of the insured acreage to the may be released by the Corporation for amount computed as set forth in para­ seeded acreage: Provided, further, That graphs (a) and (b) of this section. planting to a substitute crop or to be put if the premium computed for the re­ to another use. The flax crop shall be ported acreage is less than the premium PAYMENT OF INDEMNITY deemed to have been substantially de­ computed for the seeded acreage, the § 415.169 When indemnity payable. stroyed if the Corporation determines amount of loss determined for the seeded The amount of loss for which the Cor­ that it has been so badly damaged that acreage may be reduced on the basis of poration may be liable with respect to farmers generally in the area where the the ratio of the premium computed for any insurance unit covered by the con­ land is located and on whose farms sim­ the reported acreage to the premium tract shall be payable within 30 days ilar damage occurred would not further computed for the seeded acreage, if the after satisfactory proof of loss is ap­ care for the crop or harvest any portimi Corporation so elects. proved by the Corporation: Provided, thereof. The total production for an insurance however, That no indemnity will be paid Before any acreage is released, it shall unit shall include all production deter­ until after the fixed price is established: , be inspected by a representative of the mined in* accordance with the following Provided, further, That, if payment of Corporation and an appraisal made of schedule: any indemnity is delayed for any reason the yield that would be realized if the beyond the time specified, the Corpora­ crop on such acreage remained for har­ SCHEDULE tion shall not be liable for interest or vest. Any such appraisal shall be sub­ damages on account of such delay. ject to the minimum set forth in Acreage classification Total production in bushels §415.168 (a). § 415.170 'Indemnity payment, (a) On any acreage where the flax has been 1. Acreage on which flax Actual production of flax Any indemnity due under the contract was threshed. which was threshed. partially destroyed but not released by 2. Acreage released by the. Appraised production but will be paid by issuance of a check paya­ the Corporation, proper measures shall Corporation and not less than the product ble to the order of the person (s) entitled seeded to substitute of (i) such acreage and to such payment under this subpart. be taken to protect the crop from fur­ crop. (ii) 50 per centum of the ther damage. There shall be no aban­ coverage per acre. The amount thereof shall be determined donment of any crop or portion thereof 3. Acreage released by the Appraised production but by multiplying the number of bushels of Corporation and not less than the product to the Corporation. summer fallowed. of (i) such acreage and flax approved as the amount of loss for (if) 20 per centum of the the insured by the fixed price. § 415.166 Time of loss. Loss, if any, coverage per acre. (b) Any indemnity payable under a shall be deemed to have occurred at the 4. Acreage released by the Appraised production but Corporation and not less than the product contract shall be paid to the insured or end of the insurance period as set forth not seeded to substi­ of (i) such acreage and sych other person as may be entitled to in § 415.157 unless the Corporation de­ tute crop or summer (U) 10 per centum of the the benefits of the contract under the termines that the entire flax crop on the fallowed. coverage per acre. 5. Acreage put to another Appraised production but provisions of this subpart, notwithstand­ insurance unit was destroyed or substan­ use without the con­ not less than the product ing any attachment, garnishment, re­ tially destroyed earlier, in which event sent of the Corpora­ of (i) such acreage and ceivership, trustee process, judgment, the loss shall be deemed to have occurred tion. (ii) the coverage per acre. 6. Acreage with reduced Appraised number of bush­ levy, equity, or bankruptcy, directed on the date of such damage as deter­ yield due solely to any els by which production against the insured or such other person, mined by the Corporation. cause (s) not insured has been reduced but not against. less than the . product of or against any indemnity alleged to be § 415.167 If a loss is (i) such acreage and (ii) due to such person; nor shall the Cor­ Proof of loss. the coverage per acre, claimed, the insured shall submit to the minus any quantity of poration or any officer, employee, or rep­ Corporation a form entitled “ Statement flax harvested. resentative thereof be a proper party 7. Acreage with reduced Appraised number of bush­ in Proof of Loss,” containing such infor­ yield due partially to els by which production to any suit or action with reference to mation regarding the manner and extent a cause (s) not insured has been reduced because such indemnity, nor be bound by any of the loss as may be required by the against and partially of any (cause(s) not in­ judgment, order, or decree rendered or to a cause(s) insured insured against. Corporation. The statement in proof of against. entered therein. No officer, agent, or loss shall be submitted not later than employee of the Corporation shall, be- No. 250------3 0

8748 RULES AND REGULATIONS

cause of any such process, order, or de­ of the transferee to the Corporation. during which the transfer is made. If, cree, pay or cause to be paid to any person Any indemnity payable to any person as a result of any such transfer, diverse* other than the insured or other person other than the original insured shall be interests appear with respect to any in­ entitled to the benefits of the contract, subject to any collateral assignment of surance unit, the indemnity, if any, pay­ any indemnity payable ,in accordance the contract by the original insured. able with respect to such unit may be with the provisions of the contract. paid jointly to all persons having the Nothing herein contained shall excuse § 415.175 Collateral assignment of right under the contract. The right to insured interest in the crop-at the time any person entitled to the benefits of harvest is commenced or the time of loss, the contract from full compliance with, an indemnity under a contract may be assigned by the original insured as col­ whichever occurs first, or to one of such or performance of, any lawful judgment, persons on behalf of all such persons, order, or decree with respect to the dis­ lateral security for a loan or other obli­ gation of such insured. Such assignment and payment in any such manner shali position of any sums paid thereunder as constitute a complete discharge of the an indemnity. shall be made by the execution of a form entitled “ Collateral Assignment,” and, Corporation’s liability with respect to (c) If a check issued in payment of an such unit under the contract. indemnity is returned undeliverable at upon approval thereof by the Corpora­ the last known address of the payee, and tion, the interests of the assignee will be § 415.177 Death, incompetence, or if such payee or other person entitled recognized, if an indemnity is payable disappearance of insured, (a) If the to the indemnity makes no claim for under the contract, to the extent of the insured dies, is judicially declared in­ payment within two years after the is­ amount determined to be the unpaid bal­ competent, or disappears after the seed­ suance of the check, such claim shall not ance of the amount (including interest ing of the flax crop in any year but be­ thereafter be payable, except with the and other charges).for which such as­ fore the time of loss, and his insured consent of the Corporation. signment was made as collateral security: interest in the fiax crop is a part of his (d) The Corporation shall provide for Provided, However, That (a) payment of estate at such time, or if the insured dies', the posting annually in each county at any indemnity will be subject to all con­ is judicially declared incompetent, or the county courthouse of a list of indem­ ditions and provisions of the contract and disappears subsequent to such time, the nities paid for losses on farms in such to any deductions authorized under indemnity, if any, shall be paid to the county. § 415.174 and (b) payment of the in­ legal representative of his estate, if one demnity may be made by check payable is appointed or is duly qualified. If no §415.171 Other insurance, (a) If the jointly to all persons entitled thereto and such representative is or will be quali­ insured has or acquires any other insur­ such payment shall constitute a complete fied the indemnity shall be paid to the ance against substantially all the risks discharge of the Corporation’s obligation person beneficially entitled to share in that are insured against by the Corpora­ with respect to any loss under the con­ the insured interest in the crop or to tion under the contract, regardless of tract. The Corporation’s approval of an any one or more of such persons on be­ whether such other insurance is valid or assignment shall not create in the as­ collectible, the liability of the Corpora­ half of all such persons: Provided, how­ signee any right other than that derived ever, That if the indemnity exceeds tion shall not be greater than its share from the assignor: Provided, however, would be if the amount of its obligations $500.00, the Corporation may withhold That the assignee may submit a “State­ the payment o f the indemnity until a were divided equally between the Cor­ ment in Proof of Loss” if the insured re­ poration and such other insurer. legal representative of the insured’s es­ fuses to submit, or disappears without tate is duly qualified to receive such pay­ (b) In any case where an indemnity having submitted, such statement. The ment. is paid to the insured by another Gov­ Corporation shall in no case be bound to (b) If the insured dies, is judicially de­ ernment agency because of damage to accept notice of any assignment of the clared incompetent, or disappears after the flax crop, the Corporation reserves contract, and nothing contained in any the seeding of the flax crop in any year, the right to determine its liability under assignment shall give any right against the contract, taking into consideration but before the time of loss, and his in­ the Corporation to any person other than terest in the crop is not a part of his the amount paid by such other agency. the insured, except to an assignee ap­ estate at such time, the indelnnity, if § 415.172 Subrogation. The Corpo­ proved by the Corporation. Only one any, shall be paid to the person (s) who ration may require from the insured an such assignment will be recognized in succeeded to his interest in the crop in assignment of all rights of recovery connection with the contract, but if an the manner provided for in § 415.176. •against any person(s) for loss or damage assignment is released, a new assignment (c) If an applicant for insurance or to the extent that payment therefor is may be made. the insured, as the case may be, dies, is made by the Corporation, and the in­ § 415.176 Payment to transferee. In judicially declared incompetent, or dis­ sured shall execute all papers required the event of a transfer of all or a part appears less than fifteen days before the and shall do everything that may be of the insured interest in a flax crop be­ applicable calendar closing date for the necessary to secure such rights. fore the beginning of harvest or the time filing of applications for insurance in § 415.173 Creditors. An interest ex­ of loss, whichever occurs first, the trans­ any year, and before the beginning of isting by virtue of a debt, lien, mortgage, feror shall immediately notify the Cor­ seeding of the flax crop in such year, garnishment, levy, execution, bankrupt­ poration thereof in writing at the office whoever succeeds him to the farm with cy, or any other process shall not be con­ of the county association or other office the right to seed the flax crop as his heir sidered an interest in an insured crop specified by the Corporation. The trans­ or heirs, admiinstrator, executor, guard­ within the meaning of this subpart. feree under such a transfer shall be en­ ian, committee or conservator shall be titled to the benefits of the contract with substituted for the original applicant or PAYMENT OF INDEMNITY TO PERSONS OTHER respect to the interest so transferred, the insured upon filing with the office of THAN ORIGINAL INSURED subject to any assignment made by the the county association, or other office § 415.174 Indemnities subject to all original insured in accordance with specified by the Corporation, within fif­ provisions of contract. Indemnities shall §415.175: Provided, however, That the teen days (unless such period is extended be subject to all provisions of the con­ Corporation shall not be liable for a by the Corporation) after the date of tract, including the right of the Corpo­ greater amount of indemnity in connec­ such death, judicial declaration, or ter­ ration to deduct from any indemnity the tion with the insured crop than would mination of the period which establishes unpaid amount of any earned annual have been paid if the transfer had not disappearance within the meaning of premium plus any penalty due or any taken place: Provided, further, That an this subpart, or before the date of the other obligation of the insured to the involuntary transfer of an insured inter­ beginning of seeding, whichever is ear­ Corporation: Provided, however, That in est in a flax crop solely because of the lier, a statement in writing in the form case of a transfer of an interest in an in­ existence of a debt, lien, mortgage, gar­ and manner prescribed by the Corpora­ sured crop, -such deduction to be made nishment, levy, execution, bankruptcy, or tion, requesting such substitution and from an indemnity payable to the trans­ other process shall not entitle any holder agreeing to assume the obligations of the. feree shall not exceed the annual pre­ of any such interest to'any benefits under original applicant or the insured arising mium plus any penalty due on the land the contract: Provided, further, That the out of such application or "the contract: involved in the transfer for the crop year contract of the transferor shall cover the Provided, however, That any substitution in which the transfer is-made, plus the interest so transferred only to the end made pursuant to this paragraph shall unpaid amount of any other obligation of the insurance period for the crop year be effective only with respect to the flax Wednesday, Decem ber 24, 1947 FEDERAL REGISTER 8749 crop to be seeded in the ensuing crbp quired to make a refund of any excess kept, for one year after the time of loss, year, and the contract shall terminate at payment made on any annual premium records of the harvesting, storage, ship­ the end of such year. If no such state­ and any such excess payment may be ment, sale, or other disposition, of all ment is filed, as required by this para­ credited on future annual premiums. flax produced on each insurance unit graph, the original application or con­ However, the Corporation may elect to covered by the contract and on any un­ tract shall be void. make such refund at any time before the insured acreage in the county in which (d) Subject to the provisions of para­ termination of the contract. he has an interest. Such records shall graph (c) of this section, the contract There jshall be no refund of an amount be made available for examination by the shall terminate upon death, judicial dec­ less than $1.00 with respect to overpay­ Corporation, and as often as may be laration of incompetence, or disappear­ ment of any annual premium, unless reasonably required, any person or per­ ance of the insured, except that, if such written request for such refund is re­ sons designated by the Corporation shall death, judicial declaration of incompe­ ceived by the Corporation within one have access to the farm (s).' tence, or disappearance occurs after the year after the termination of the con­ §415.186 Applicant’s warranties; seeding of the flax crop in any crop year tract. voidance for fraud. In applying for in­ but before the end of the insurance pe­ § 415.181 Assignment or transfer of surance the applicant warrants that the riod for such year, the contract shall ter­ claims for refunds not permitted. No information, data and representations minate at the end of such insurance claim for a refund, or any part thereof, submitted by him in connection with the period. or any interest therein, shall be assign­ contract are true and correct, and are (e) The insured shall be deemed to able or transferable, notwithstanding made by him, or by his authority, and have disappeared within the meaning of any assignment of the contract or any shall be taken as his act. The contract this subpart if he fails to file with the transfer of interest in any flax crop cov­ may be voided and the premium forfeited office of the county association, or other ered by the contract. Refund of any to the Corporation without the Corpora­ office specified by the Corporation, writ­ excess note payment will be made only to tion’s waiving any right or remedy, in­ ten notice of his new mailing address the person who made such payment, ex­ cluding its right to collect the amount of within 180 calendar days after any com­ cept as provided in § 415.182. the note executed by the insured, munication by or on behalf of the Cor­ whether before or after maturity, if at poration is returned undeliverable at the § 415.182 Refund in case of death, in­ any time the insured has concealed any last known address of the insured. competence, or disappearance. In any material fact or made any false or § 415.178 Fiduciaries. A n y indem­ case where a person who is entitled to a fraudulent statements relating to the nity payable under a contract entered refund of a payment has died, has been contract, the subject thereof, or his in­ into in the name of a fiduciary who is no judicially declared incompetent, or has terest in the flax crop covered thereby, longer acting in such capacity at the disappeared, the provisions of § 415.177 or if the insured shall neglect to use all time for payment of the indemnity will be with reference to the payment of in­ reasonable means to produce, care for or made to the succeeding fiduciary upon demnities in any such case shall be ap­ save the flax crop covered thereby, appropriate application and proof satis­ plicable with respect to the making of whether before or after damage has oc­ factory to the Corporation of his in­ any such refund. curred, or if the insured fails to give any cumbency. If there is no succeeding ESTABLISHMENT OF COVERAGES AND PREMIUM notice, or otherwise fails to comply with fiduciary, payment of the indemnity shall RATES the terms of the contract, including the be made to the persons beneficially en­ note, at the time and in the manner pre­ § 415.183 Establishment of coverages titled under this subpart to the insured scribed. per acre. The Corporation shall estab­ interëst in the crop, to the extent of their § 415.187 Modification of the contract. respective interests, upon proper appli­ lish coverages of flax per acre by areas which shall not be in excess of the maxi­ No notice to any representative of the cation and proof of the facts: Provided, mum per centum, prescribed in the Fed­ Corporation or the knowledge possessed however, That the settlement may be by any such representative or by any made with any one or more of the per­ eral Crop Insurance Act, of the recorded or appraised average yield for the farm. other person shall be held to effect a sons so entitled, and payment may be waiver of or change in any part of the made to such person or persons in be­ Coverages so established shall be shown on the County Actuarial Table and be on contract or to estop the Corporation half of all the persons so entitled, from asserting any right or power under whether or not the person to whom pay­ file in the office of the county association or other office specified by the Corpora­ such contract; nor shall the terms of ment is made has been authorized by the such contract be waived or changed ex­ other interested persons to receive such tion and may be revised from year to year as the Corporation may elect. The cov­ cept as authorized in writing by a duly payment. erage per acre for any specific acreage authorized officer or representative of § 415.179 Determination of person to shall be the coverage per acre approved the Corporation; nor shall any provision whom indemnity shall be paid. In any by the Corporation for the area in which or condition of the contract or any for­ case where the insured has transferred the acreage is located. feiture be held to be waived by any delay his interest in all or a portion of the flax or omission by the Corporation in exer­ § 415.184 Establishment of premium crop on any insurance unit, or has ceased cising its rights and powers thereunder rates. The Corporation shall establish to act as a fiduciary, or has died, had or by any requirement, act, or proceed­ premium rates per acre by areas for all been judicially declared incompetent or ing, on the part of the Corporation or acreage for which coverages are estab­ of its representatives, relating to ap­ has disappeared, payment in accordance lished and such rates shall be those with the provisions of this subpart will praisal or to any examination herein deemed adequate to cover claims for flax provided for. be made only after the facts have been crop losses and to provide a reasonable established to the satisfaction of the reserve against unforeseen losses. Pre­ § 415.188 Rounding of fractional Corporation. The determination of the mium rates so established shall be shown units. Premiums shall be rounded to the Corporation as to the existence or non­ off the County Actuarial Table and be on nearest tenth of a bushel. Amounts of existence of a circumstance in the event file in the office of the county association insurance and total production shall be of which payment may be made and of or other office specified by. the Corpora­ rounded to the nearest bushel. Frac­ the person(s) to whom such payment tion and may be revised from year to year tions of acres shall be rounded to the will be made shall be final and conclu­ as the Corporation may elect. The pre­ nearest tenth of an acre. Computations sive. Payment of any indemnity under mium rate per acre for any specific acre­ shall be carried through the digit that is this section shall constitute a complete age shall be the premium r$te per acre to be rounded. If the digit to be rounded discharge of the Corporation’s obligation approved by the Corporation for the area is 1, 2, 3, or 4, the rounding shall be with respect to the loss for which such in which the acreage is located. downward. If the digit to be rounded indemnity is paid and settled and shall is 5, 6, 7, 8, or 9, the rounding shall be GENERAL be a bar to recovery by an^ other person. upward. i 415.185 Records and access to farm. REFUNDS OF EXCESS NOTE PAYMENTS For the purpose of enabling the Corpora­ § 415.189 Closing dates. The closing 5 415.180 Refunds of excess note pay­ tion to determine the loss, if any, that dates for any year for submission of ap­ ments. Before termination of the con­ may have occurred under the contract, plications shall be the earlier of (a) the tract^ the Corporation shall not be re­ the insured shall keep, or cause to be date of the beginning of seeding of the 8750 RULES AND REGULATIONS

flax crop on any insurance unit to be cov­ estate, or trust, or other business enter­ LOSS ered by the contract, or (b) March 15. prise or other legal entity, and, wherever Sec. § 415.190 Maturity dates for annual applicable, a state, a political subdivision 415.2012 Notice of loss or damage of flax crop. premiums. The maturity date for the oil a state, or any agency thereof. (k) “ State Director” means the repre­ 415.2013 Released acreage. payment of annual premiums shall be 415.2014 Time of loss. July 31. sentative of the Corporation responsible 415.2015 Proof of loss. for the executive direction of the Federal 415.2016 Amount of loss. § 415.191 Meaning of terms. For the Crop Insurance program in the state. purpose of the Flax Crop Insurance Pro­ (l) “Substitute crop” means any crop, PAYM ENT OF INDEM NITY gram, the term: except biennial and perennial legumes 415.2017 When indemnity payable. (a) “Contract” means the accepted and perennial grasses, planted on re­ 415.2018 Indemnity payment. application for insurance and the regu­ leased acreage before harvest of flax be­ 415.2019 Other insurance. lations in this subpart and any amend­ 415.2020 Subrogation. comes general in the county as deter­ 415.2021 Creditors. ments thereto. mined by the Corporation. Biennial and (b) “Corporation” means the Federal perennial legumes and perennial grasses PAYM ENT OF IN D EM N ITY TO PERSONS OTHER Crop Insurance Corporation. seeded with the flax or in the growing TH AN ORIGINAL INSURED (c) “County Actuarial Table” means flax crop shall not be considered a sub­ 415.2022 Inderhnity subject to all provisions the form and related material approved stitute crop. of contract. by the Corporation for listing the cov­ (m) “ Tenant” means a person who 415.2023 Collateral assignment of right un­ erages per acre and the premium rates rents land from another person for a der contract. per acre applicable in the county. share of the flax crop or proceeds there­ 415.2024 Payment to transferee. (d) “County association” means the from produced on such land. 415.2025 Death, incompetence, or disap­ County Agricultural Conservation As­ pearance of insured. sociation in the county. N ote: The record keeping requirements of 415.2026 Fiduciaries. these regulations have been approved by, and 415.2027 Determination of person to whom (e) “ Crop year” means the period be­ subsequent reporting requirements will be ’indemnity shall be paid. ginning with the day following the ap­ subject to the approval of, the Bureau of REFUNDS OF EXCESS NOTE PAYMENTS plicable closing date for the filing of the Budget in accordance with the Federal’ applications for insurance for any year Reports Act of 1942. 415.2028 Refunds of excess note payments. and within which the flax crop is seeded 416.2029 Assignment or transfer of claims Adopted by the Board of Directors on and normally harvested, and shall be / ‘ for refunds not permitted. December 17,1947. 415.2030 Refund in case of death, incompe­ designated by reference to the calendar tence, or disappearance. year in which the crop is normally [ s e a l ] E. D. B e r k a w , harvested. Secretary. ESTABLISHMENT OF COVERAGES AND PREMIUM RATES (f) “Fixed price” for any crop year Approved: December 19, 1947. means the higher of the loan rate per 415.2031 Establishment of coverages per bushel for flax seed or the support price C l in t o n P. A nd e r so n , acre. per bushel for flax seed, as established Secretary of Agriculture. 415.2032 Establishment of premium rates. by the U. S. Department of Agriculture, GENERAL with differentials where applicable for [F. R. Doc. 47-11317; Filed, Dec. 23, 1947; 8:46 a. m.] 415.2033 Records and access to farm. the location of the insurance unit. 415.2034 Applicant’s warranties; voldance However, if neither a loan rate nor a for fraud. support price per bushel is established 415.2035 Modification of contract. by the U. S. Department of Agriculture 415.2036 Rounding of fractional units. for any year, the fixed price shall be 415.2037 Closing date. that price per bushel determined by the P art 415—F lax C rop I n su r a nc e 415.2038 Maturity dates for premiums. 415.2039 Meaning of terms. Corporation. The fixed price is used in SUBPART— REGULATIONS FOR ANNUAL CON­ determining the cash equivalent of pre­ TRACTS COVERING THE 1948 CROP YEAR A u t h o r i t y : §§ 415.2001 to 415.2039, inclu­ miums and indemnities. (DOLLAR COVERAGE INSURANCE) sive, issued under secs. 506 (e ), 507 (c), 508, (g) “Flax crop” means all flax seeded 509, and 516 (b ), 52 Stat. 73-75, 77, as The Federal Crop Insurance Program amended, Pub. Law 320, 80th Cong.; 7 U. S. C. for harvest as seed, but does not include is part of the general program of the and Sup. 1506 (e ), 1507 (c ), 1508, 1509, (1) volunteer or self-seeded flax, (2) United States Department of Agriculture 1516 (b ). flax seeded with any other crop except administered for the benefit of agricul­ MANNER OF OBTAINING INSURANCE perennial grasses or legumes other than ture. vetch, and (3) flax seeded for purposes By virtue of the authority vested in § 415.2001 Availability of flax crop in­ other than for. harvest as seed. the Federal Crop Insurance Corporation surance. (a) Flax crop insurance under (h) “ Harvest” means any mechanical by the Federal Crop Insurance Act, as annual contracts for the 1948 crop year severance from the land of matured flax amended, these regulations are hereby will be provided only in accordance with for threshing, where the flax crop has published and prescribed to be in force this subpart in the following counties: not been destroyed or substantially and effect, with respect to annual flax destroyed. State and County crop insurance contracts for the 1948 (i) “Insurance unit” means (1) all the Minnesota: Clay. crop year, until amended or superseded Montana: McCone, insurable acreage of flax in the county by regulations hereafter^ made. in which the insured has 100 per centum North Dakota: Stutsman. South Dakota: Codington. interest in the crop, or (2) all the insur­ m a n n e r o f o b t a in in g in s u r a n c e able acreage in the county owned by one Sec. (b) Insurance will not be provided in 415.2001 Availability of flax crop insurance. person which is operated by the insured 415.2002 Application for insurance. any county unless written applications as a share tenant, or (3) all the insurable 415.2003 Acceptance of application by the for insurance on flax are filed which acreage in the county which is owned by Corporation. cover at least 200 farms in the county the insured and is rented to one share or one-third of the farms normally pro­ tenant. Land rented for cash or for a INSURANCE COVERAGE ducing flax. For this purpose an insur­ fixed commodity payment shall be con­ 415.2004 Insurable acreage. ance unit shall be deemed to be a farm. sidered to be owned by the lessee. For 415.2005 Determination of insured acreage any crop year of the contract, acreage and insured interest. § 415.2002 -Application for insurance. shall be considered to be located in the 415.2006 Insurance period. Application for insurance, on a form en­ county if, on or before the closing date 415.2007 Amount of insurance. titled “Application for Flax Crop Insur­ 415.2008 Causes of loss insured against. ance” may be made by any person to for filing applications in' the county, a 415.2009 Causes of loss not insured against. coverage is established for such acreage cover his interest as landlord, owner-op­ on the County Actuarial Table. PREMIUM FOR CONTRACT erator, or tenant, in a flax crop. An ap­ (j) “Person” means an individual, 415.2010 Amount of premium. plication shall cover the applicant’s in­ partnership, association, corporation. 415.2011 Manner of payment of premium. terest in the flax crop on all insurable 8751 Wednesday, Decem ber 24, 1947 FEDERAL REGISTER mine that for any county or area the acreage considered for crop insurance if the insured fails to file an acreage re­ port within 30 days after seeding of the contract shall provide that loss of flax purposes to be located in the county in due to any of the foregoing causes is not which the applicant has an interest at flax is generally completed in the county, insured. the time of the seeding of the flax crop as determined by the Corporation: Pro­ to be harvested in 1948: Provided, how­ vided, Jurther, That insurance shall not § 415.2009 Causes of loss not insured ever, That an application executed by attach with respect to (1) any acreage against. The contract shall not cover any*person as an individual shall not seeded to flax which is destroyed or sub­ damage to quality in any case, or loss cover his interest as a partner in a crop stantially destroyed (as defined in caused by: produced by a partnership. Applications § 415.2013) and which can be reseeded (a) Failure to follow recognized good shall be submitted to the office of the before it is too late to reseed to flax, as farming practices; county association or other office speci­ determined by the Corporation, and such (b) Poor farming practices, including fied by the Corporation on or before acreage is not reseeded to flax, or (2) but not limited to the use of defective the applicable closing date shown in any acreage seeded to flax too late to or unadapted seed, failure to plant a § 415.2037. In case of death of the in­ expect to produce a normal crop, as de­ sufficient quantity of seed, failure prop­ sured after the seeding of flax is begun termined by the Corporation. erly to prepare the land for seeding or for the 1948 crop year, any additional (d) The insured interest with respect properly to seed, care for or harvest and acreage of flax which is seeded for the to each insurance unit shall be the in­ thresh the insured crop (including un­ insured’s estate for the 1948 crop year sured’s interest in the crop at the time reasonable delay thereof); shall be covered by the contract. of seeding as reported by the insured or (c) Following different fertilizer or the interest which the Corporation deter­ farming practices than those consid­ § 415.2003 Acceptance of application mines as the insured’s actual interest at ered in establishing the coverage; \>y the Corporation, (a) Upon accept­ the time of seeding, whichever the Cor­ (d) Seeding flax on land which is gen­ ance of an application by a duly author­ poration shall elect: Provided, however, erally not considered capable of produc­ ized representative of the Corporation, That, for the purpose of determining ing a flax crop comparable to that pro­ the contract shall be in effect, provided loss, the insured interest shall not exceed duced on the land considered in estab­ all the requirements in this subpart for the insured’s actual interest at the time lishing the coverage; the acceptance of applications have been of loss, or the beginning of harvest, (e) Seeding excessive acreage under met. . : whichever occurs first. abnormal conditions; (b) -The Corporation reserves the right (f) Seeding perennial or biennial leg­ to reject any application for insurance § 415.2006 Insurance period. Insur­ ance with respect to any insured acreage umes or perennial grasses with the flax in its entirety or with respect to any defi­ *or in the growing flax crop; nitely identified acreage. shall attach at the time the flax is seeded. Insurance shall cease with respect to any (g) Seeding flax under conditions of INSURANCE COVERAGE portion of the flax crop covered by the immediate hazard; (h) Inability to obtain labor, seed, fer­ § 415.2004 Insurable acreage. For the contract upon threshing or removal from the field, but in no event shall the insur­ tilizer, machinery, repairs, or insect 1948 crop year, any acreage is insurable ance remain in effect later than October poison; if a coverage is established therefor on 31, 1948, unless such time is extended in (i) Breakdown of machinery, or fail­ the county actuarial table and related writing by the Corporation. ure of equipment due to mechanical de­ material before the applicable calendar fects ; closing date for filing applications for § 415.2007 Amount of insurance, (a) (j) Neglect or malfeasance of the in­ insurance. Any acreage for which a cov­ The coverage per acre shall be the appli­ sured or of any person in his household erage is not established within the time cable number of dollars, approved by the or employment or connected with the specified above shall not be considered Corporation for the area in which the farm as tenant or wage hand; in any manner whatsoever under the insured acreage is located, shown on the (k) Domestic animals or poultry; or contract except as provided in §§ 415.2016 County Actuarial Table on file in the (l) Theft. (b) and 415.2033. office of the County Association or other office specified by the Corporation. The PREMIUM FOR CONTRACT § 415.2005 Determination of insured coverage per acre is .progressive depend­ acreage and insured interest, (a) § 415.2010 Amount of premium. The ing upon whether the acreage is (1) re­ premium for each insurance unit under Promptly after seeding the flax crop, the leased by the Corporation and seeded to insured shall submit to the Corporation, the contract shall be based upon (a) the a substitute crop, (2) not harvested and Insured acreage of flax for the insurance on a form entitled "Flax Crop Insurance not seeded to a substitute crop, or (3) Acreage Report” , a report over his signa­ unit, (b) the premium rate and (c) the harvested. ture of the acreage seeded to flax on each insured interest in the crop at the time (b) The amount of insurance for each of seeding. If more than one premium insurance unit ill which he has an in­ insurance unit under the contract shall terest at the time of seeding and his in­ rate is applicable to the insurance unit, a be the number of dollars determined by premium shall be computed separately terest at the time of seeding in the flax multiplying: seeded for harvest as seed. If the in­ using the applicable acreage for each (1) The insured acreage, by rate, and the total of the amounts so sured does not have an insured interest (2) The coverage per acre, and by in flax seeded, the acreagejreport shall computed shall be the premium for the (3) The insured interest in the crop at insurance unit. The premium for the nevertheless be submitted promptly after the time of seeding. I f different cover­ the seeding of flax is generally completed contract shall be the total of the pre­ ages per acre are applicable to parts of miums computed for the insured for all in the county. Any acreage report sub­ the insurance unit, the amount of insur­ mitted by the insured shall be considered insurance units covered by the contract. ance shall be computed separately, using The premium with respect to any insured final and not subject to change by the the applicable acreage for each coverage insured. acreage shall be regarded as earned when per acre, and the total of such computed the flax crop on such acreage is seeded. (b) The Corporation reserves the amounts shall be the amount of insur­ right to charge the insured $2.00 if the ance for the insurance unit. § 415.2011 Manner of payment of pre­ Insured fails to submit a seeded acreage mium. (a) By executing the application report within 30 days after seeding of § 415.2008 Causes of loss insured for flax crop insurance, the applicant ex­ the flax is generally completed im the against. The contract shall cover loss ecutes a premium note. This note repre­ county, as determined by the Corpora­ of flax while in the field due to unavoid­ sents a promise to pay to the Corpora­ tion. able causes, including drought, flood tion, on or before the applicable maturity (c) The insured acreage with respect hail, wind, frost, winter-kill, lightning, date specified in § 415.2038, the premium to each insurance unit shall be the acre­ fire, excessive rain, snow, wildlife, hurri­ for all insurance units covered by the age of flax seeded for harvest as seed as cane, tornado, insect infestation, plant contract. A penalty of three per centum reported by the insured or as determined disease, and such other unavoidable shall attach on the principal amount of causes as may be determined by the by the Corporation, whichever the Cor­ any premium not paid on or before De­ poration shall elect: Provided, however, Board of Directors of the Corporation: Provided, however, That the Board of cember 31, 1948 and an additional three That the Corporation may elect to deter­ per centum shall attach on the principal mine that the insured acreage is "zero” Directors of the Corporation may deter- 8752 RULES AND REGULATIONS

amount of any premium unpaid at the All acreage of flax on the insurance SCHEDULE end of each six-month period thereafter. unit, which is not released earlier, shall (b) Payment on any premium shall be be deemed to be released upon the sign­ Acreage classification Total production in made by means of cash or by check, ing of a Statement in Proof of Loss for bushels money order, postal note, or bank draft such unit by the insured and the local payable to the order of the Treasurer of representative of the Corporation.' 1. Acerage on which flax Actual production of flax the United States. All checks and drafts was threshed. which was threshed. § 415.2014 Time of loss. Loss, if any, 2. Acreage released by the That portion of appraised will be accepted subject to collection, and Corporation and seed­ production which is in payments tendered shall not be regarded shall be deemed to have occurred at the ed to a substitute crop. excess of the number of as paid unless collection is made. end of the insurance period as set forth bushels determined by in § 415.2006, unless the Corporation de­ dividing (1) the amount (c) Any unpaid amount of any pre­ of insurance for such mium (either before or after the date of termines that the entire flax crop on the acreage by (2) $5.75. insurance unit was destroyed or substan­ 3. Acreage released by the Appraised production that maturity), plus any penalty due, may be Corporation and not would be realized if the tially destroyed earlier, in which event seeded to a substitute crop remained for har­ deducted from any indemnity payable by crop. vest. the Corporation, from the proceeds of the loss shall be deemed to have occurred on the date of such damage as deter­ 4. Acreage put to another Appraised production but any commodity loan to the insured, and use without the con­ not less than the product mined by the Corporation. sent of the Corpora­ of (1) such acreage and from any payment made to the insured tion. (2) the bushel equivalent under the Soil Conservation and Domes­ § 415.2015 Proof of loss. If a loss is of the coverage per acre tic Allotment Act, as amended, or any claimed, the insured shall submit to the determined on tho>basis of a value of $5.75 per other Act of Congress or program ad­ Corporation a form entitled “ Statement bushel. ministered by the United States Depart­ in Proof of Loss," containing such in­ 5. Acreage with reduced Appraised number of bush­ yield due solely to any els by which production ment of Agriculture. formation regarding the manner and cause (s) not insured has been reduced but not extent of the loss as may be required by against. less than the product of LOSS the Corporation. The statement in (1) such acreage and (2) the bushel equivalent of § 415.2012 Notice of loss or damage of proof of loss shall be submitted not later the coverage per acre flax crop, (a) Unless otherwise provided than sixty days after the time of loss, determined on the basis of a value of $5.75 pef by the Corporation, if a loss is probable, unless the time for submitting the claim bushel, minus-any har­ notice in writing shall be given the Cor­ is extended in writing by the Corpora­ vested flax. poration, at the office of the county asso­ 6. Acreage with reduced Appraised number of bush­ tion. It shall be a condition precedent yield due partially to els by which production ciation or other office specified by the to any liability under the contract that any cause (s) not in­ has been reduced be­ Corporation, immediately after any ma­ the insured establish the amount of any sured against and par­ cause of any cause (s) not tially to any cause (s) insured against. terial damage to the insured crop and* loss for which claim is made and that insured against. before the crop is harvested, removed, or such loss has been directly caused by any other use is made of it. Any such one or more of the hazards insured notice shall be given in time to allow the against by the contract during the in­ (b) Where the insured commingles production from two or more insurance Corporation to make appropriate in­ surance period for the crop year for units or portions thereof and fails to es­ spection. which the loss is claimed, and that the tablish and maintain records satisfactory (b) Unless otherwise provided by the insured further establish that the loss to the Corporation of acreage *or the Corporation, if, at the completion of has not arisen from or been caused by, threshing of the insured flax crop, a loss production from each of the component either directly or indirectly, any of the parts, the insurance with respect to such has been sustained, notice in writing hazards not insured against by the con­ shall be given immediately to the Cor­ units may be voided £y the Corporation tract. If a loss is claimed, any flax and the premium forfeited by the in­ poration at the office of the county asso­ acreage which is not to be harvested ciation or other office specified by the sured: Provided, however, That, if all shall be left intact until the Corporation the component parts are insured, the Corporation. If such notice is not given makes an inspection. within 15 days after threshing is com­ total amount of insurance for the com­ pleted, the Corporation reserves the § 415.2016 Amount Of loss, (a) The ponent parts shall be considered as the right to reject any claim for indemnity. amount of loss for which indemnity will amount of insurance for the combina­ tion, and any loss for such combination This notice is in addition to any notice be payable with respect to any insur­ required by paragraph (a) of this sec­ ance unit will be the amount of insur­ shall be determined as outlined in para­ tion. ance under the contract for such unit, graph (a) of this section. Where the less the number of dollars determined by insured fails to establish and maintain § 415.2013 Released acreage. Any in­ multiplying (1) the total production in separate records, satisfactory to the sured acreage on which the flax crop has bushels for such unit by (2) $5.75, and Corporation, of uninsured acreage and been destroyed or substantially destroyed by (3) the insured interest in such unit : production therefrom, and for one or may be released by the Corporation for Provided, however, That, if the seeded more insurance units or portions thereof, planting to a substitute crop or to be put acreage on the insurance unit exceeds any production from such acreage which to another use. The flax crop shall be the insured acreage on such unit, as de­ is commingled with the production from deemed to have been substantially de­ termined by the Corporation, the loss the insured acreage shall be considered stroyed if the Corporation determines for which indemnity will be payable shall to have been produced on the insured that it has been so badly damaged that • be determined by computing the loss for acreage, or the insurance with respect farmers generally in the area where the the seeded acreage (as though the total to such unit(s) under the contract may land is located and on whose farms sim­ seeded acreage were insured) and re­ be voided by * the Corporation and the ilar damage occurred would not further ducing such loss on the basis of the premium forfeited by the insured. care for the crop or harvest any portion ratio of the insured acreage to the seeded PAYMENT OF INDEMNITY thereof. acreage: Provided, further, That, if the Before any acreage is released it shall premium computed for the reported § 415.2017 When indemnity payable. The amount of loss for which the Cor­ be inspected by a representative of the acreage is less than the premium com­ poration may be liable with respect to Corporation and an appraisal made of puted for the seeded acreage, the amount any insurance unit covered by the con­ the yield that would be realized if the of loss determined for the seeded acreage tract shall be payable within thirty days crop on such acreage remained for har­ may be reduced on the basis of the ratio after satisfactory proof of loss is ap­ vest. of the premium computed for the re­ proved by the Corporation: Provided, On any acreage where the flax has ported acreage to the premium com­ however, That, if payment of any in­ been partially destroyed but not released puted for the seeded acreage, if the Cor­ demnity is delayed for any reason be­ by the Corporation, proper measures poration so elects. yond the time specified, the Corporation shall be taken to protect the crop from The total production for an insurance shall not be liable for interest or dam­ further damage. There shall be no unit shall include all production deter­ ages on account of such delay. abandonment of any crop or portion mined in accordance with the following § 415.2018 Indemnity payment, (a) thereof to the Corporation. Schedule: Any indemnity due under the contract Wednesday, Decem ber 24, 1947 FEDERAL REGISTER 8753 will be paid by issuance of a check pay­ considered an interest in an insured crop feree under such a transfer shall be en­ able to the order of the person (s) en­ within the meaning of this subpart. titled to the benefits of the contract ^ith titled to‘such payment under this sub­ respect to the interest so transferred, PAYMENT OF INDEMNITY TO PERSONS OTHER subject to any assignment made by the part. THAN ORIGINAL INSURED (b) Any indemnity payable under a original insured in accordance with contract shall be paid to the insured or § 415.2022 Indemnity subject to all § 415.2023: Provided, however, That the such other person as may be entitled to provisions of contract. Indemnities shall Corporation shall not be liable for a the benefits of the contract under the be subject to all provisions of the con­ greater amount of indemnity in connec­ provisions of this subpart, notwithstand­ tract, including the right of the Corpo­ tion with the insured crop than would ing any attachment, garnishment, re­ ration to deduct from any indemnity the have been paid if the transfer had not ceivership, trustee process, judgment, unpaid amopnt of any earned premium, taken place: Provided, further, That an levy, equity, or bankruptcy, directed plus any penalty due, or any other obli­ involuntary transfer of an insured in­ against the insured or such other person, gation of the insured to the Corporation: terest in a flax crop solely because of the or against any indemnity alleged to be Provided, however, That in case of a existence of a debt, lien, mortgage, gar­ due to such person; nor shall the Cor­ transfer of an interest in an insured crop, nishment, levy, execution, bankruptcy, or poration or any officer, employee, or rep­ such deduction to be made from an in­ other process, shall not entitle any holder resentative thereof be a proper party to demnity payable to the transferee shall "of any such interest to any benefits under any suit or action with reference to such not exceed the premium, plus any penalty the contract. If, as a result of any such indemnity, nor be bound by any judg­ due on the land involved in the transfer, transfer, diverse interests appear with ment, order, or decree rendered or en­ plus the unpaid amount of any other respect to any insurance unit, the in­ tered therein. No officer, agent, or em­ obligation of the transferee to the Corpo­ demnity, if any, payable with respect to ployee of the Corporation Shall, because^, ration. Any indemnity payable to any such unit may be paid jointly to all per­ of any such process, order, or decree, pay person other than the original insured sons having the insured interest in the or cause to be paid to any person other shall he subject to any collateral assign­ crop at the time harvest is commenced than the insured or other person entitled ment of the contract by the original in­ or the time of loss, whichever occurs first, to the benefits of the contract, any in­ sured. or to one of such persons on behalf of all demnity payable, in accordance with the § 415.2023 Collateral assignment of* such persons, and payment in any such provisions of the contract. Nothing right under contract. The right to an in­ manner shall constitute a complete dis­ herein contained shall excuse any person demnity under a contract may be as­ charge of the Corporation’s liability with entitled to the benefits of the contract signed by the original insured as col­ respect to such unit under the contract. from full compliance with, or perform­ lateral security for a loan or other ob­ § 415.2025 Death, incompetence, or ance of, any lawful judgment, order or ligation of such insured. Such assign­ decree with respect to the disposition of disappearance of insured, (a) I f the in­ ment shall be made by the execution of sured dies, is judicially declared incom­ any sums paid thereunder as an a form entitled “Collateral Assignment,” indemnity. petent, or disappears after seeding the and, upon approval thereof by the Cor­ flax crop but before the time of loss, and (c) If a check issued in payment of an poration, the interests of the assignee indemnity is paid returned undeliverable his insured interest in the flax crop is a will be recognized if an indemnity is pay­ part of his estate at such time, or if the at the last known address of the payee, able under the contract, to the extent of and if such payee or other person en­ insured dies, is judicially declared in­ the amount determined to be the unpaid competent, or disappears subsequent to titled to the indemnity makes no claim- balance of the amount (including inter­ for payment within two years after the such time, the indemnity, if any, shall be est and other charges) for which such paid to the legal representative of his issuance of the check, such claim shall assignment was made as collateral se­ estate, if one is appointed or is duly qual­ not thereafter be payable, except with curity: Provided, however, That (a) pay­ ified. If no such representative is or will the consent of the Corporation. ment of any indemnity will be subject to (d) The Corporation shall provide for be so qualified, the indemnity shall be all conditions and provisions of the con­ paid to the persons beneficially entitled the posting in each county, at the county tract and to any deductions authorized to share in the insured interest in the courthouse of a list of indemnities paid under § 415.2022 and, (b) payment of the crop or to any one or more of such per­ for losses bn farms in such county. indemnity may be made by check pay­ sons on behalf of all such persons: Pro­ § 415.2019 Other insurance, (a) If able jointly to all persons entitled there­ vided, however, That if the indemnity the insured has or acquires any other to and such payment shall constitute a exceeds $500, the Corporation may with­ insurance against substantially all the complete discharge of the Corporation’s hold the payment of the indemnity until risks that are insured against by the Cor­ obligation with respect to any loss under a legal representative of the insured’s poration under the contract, regardless the contract. The Corporation’s ap­ estate is duly qualified to receive such of whether such other insurance is valid proval of an assignment shall not create payment. or collectible, the liability of the Corpo­ in the assignee any right other than that (b) i f the insured dies, is judicially de­ ration shall not be greater than its share derived from the assignor: Provided, clared incompetent or disappears after would be if the amount of its obligations however, That the assignee may submit the seeding of the flax crop but before were divided equally between the Corpo­ a “ Statement in Proof of Loss” if the the time of loss, and his interest in the ration and such other insurer. insured refuses to submit, or disappears crop is not a part of his estate at such (b) In any case where an indemnity is without having submitted, such state­ time, the indemnity, if any, shall be paid paid to the insured by another Govern­ ment. The Corporation shall in no case to the person (s) who succeeded to his ment agency because of damage to the be bound to accept notice of any assign­ interest in the crop in the manner pro­ flax crop, the Corporation reserves the ment of the contract, and nothing con­ vided for in § 415.2024. right to determine its liability under the tained in any assignment shall give any (c) If an applicant for insurance or contract, taking into consideration the right against the Corporation to any per­ the insured, as the case may be, dies, or amount paid by such other agency. son other than the insured, except to an is judicially declared incompetent less assignee approved by the Corporation. § 415.2020 Subrogation. The Corpo­ than 15 days before the closing date for Only one such assignment will be recog­ the filing of applications for insurance ration may require from the insured an nized in connection with the contract, assignment of all rights of recovery and before the beginning of seeding of but if an assignment is released, a new the flax crop intended to be covered by against any person(s) for loss or damage assignment may be made. to the extent that payment therefor is insurance, whoever succeeds him on the made by the Corporation, and the in­ § 415.2024 Payment to transferee. In farm with the right to seed the flax crop as his heir or heirs, administrator, ex­ sured shall execute all papers required the event of a transfer of all or a part of the insured interest in a flax crop before ecutor, guardian, committee or conser­ and shall do everything that may be nec­ vator, shall be substituted for the orig­ essary to secure such rights. the beginning of harvest or the time'of loss, whichever occurs first, the trans­ inal applicant or the insured upon filing § 415.2021 Creditors. An interest ex­ feror shall immediately notify the Cor­ with the office of the county association, isting by virtue of a debt, lien, mortgage, poration thereof in writing at the office or other office specified by the Corpora­ garnishment, levy, execution, bank­ of the county association, or other* office tion, within 15 days (unless such period ruptcy, or any other process shall not be specified by the Corporation. The trans- js extended by the Corporation) after 8754 RULES AND REGULATIONS

the date of such death, judicial declara­ There shall be no refund of an amount tion, or before the date of the beginning submitted by him in connection with the less than $1.00 unless written request for contract are true and correct, and are of seeding, whichever is earlier, a state­ such refund is received by the Corpora­ ment in writing in the form and manner ' made by him, or by his authority, and tion within one year after the expiration shall be taken as his act. The contract prescribed by the Corporation, request­ of the contract. ing such substitution and agreeing to may be voided and the premium forfeited assume the obligations of the original § 415.2Q29 Assignment or transfer of to the Corporation without the Corpora­ tion’s waving any right or remedy, in­ applicant or the insured arising out of claims for refunds not permitted. No cluding its right to collect the amount such application or the contract. I f no claim for a refund, or any part thereof, of the note executed by the insured, such statement is filed, as required by or any interest therein, shall be assign­ whether before or after maturity, if at this paragraph, the original application able or transferable, notwithstanding or contract shall be void. any assignment of the contract or any any time the insured has concealed any material fact or made any false or fraud­ (d) The insured shall be deemed to transfer of interest in any flax crop cov­ ulent statements relating to the contract, have disappeared within the meaning of ered by the contract. Refund of any the subject thereof, or his interest in the’ this subpart is he fails to file with the excess note payment will be made only flax crop covered thereby, or if the in­ office of the county association, or other to the person who made such payment, office specified by the Corporation, writ­ except as provided in § 415.2030. sured shall neglect to use all reasonable means to produce, care for or save the ten notice of his new mailing address § 415.2030 Refund in case of death, flax crop covered thereby, whether be­ within 180 calendar days after any com­ incompetence, or disappearance. In any munication by or on behalf of the Cor­ fore or after damage has occurred, or if case where a person who is entitled to the insured fails to give any notice, or poration is returned undeliverable at a refund of a payment has died, has been otherwise fails to comply with the terms the last known address of the insured. judicially declared incompetent, or has of the contract, including the note, at the §.415.2026 Fiduciaries. Any indem­ disappeared, the provisions of § 415.2025 time and in the manner prescribed. nity payable under a contract entered with reference to the payment of in­ § 415.2035 Modification of contract. into in the name of a fiduciary who is demnities in any such case shall be ap­ No notice to any representative of the no longer acting in such capacity at the plicable with respect to the making of any such refund. Corporation or the knowledge possessed time for the payment of indemnity, will by any such representative or by any be made to the succeeding fiduciary upon ESTABLISHMENT OF COVERAGES AND other person shall be held to effect a appropriate application and proof satis­ PREMIUM RATES waiver of or change in any part of the factory to the Corporation of his incum­ § 415.2031 Establishment of coverages contract or to estop the Corporation from bency. If there is no succeeding fidu­ asserting any right or power under such ciary, payment of the indemnity shall be per acre. The Corporation shall estab­ lish coverages in dollars per acre, by contract; nor shall the terms of such made to the persons beneficially entitled contract be waived or changed except as under this subpart to the insured interest areas, for use as set forth in § 415.2007. Such coverages shall not exceed the av­ authorized in writing by a duly author­ in the crop to the extent of their respec­ ized officer or representative of the Cor­ tive interests, upon proper application erage investment per acre in the crop in the area, as determined by the Cor­ poration; nor shall any provision or con­ and proof of the facts: Provided, how­ dition of the contract or any forfeiture ever, That the settlement may be made poration, taking into consideration rec­ ognized farming practices. Coverages be held to be waived by any delay or with any one or more of the persons so omission by the Corporation in exercis­ entitled, and payment may be made to so established shall be shown on the County Actuarial Table and be on file in ing its rights and powers thereunder or such person or persons in behalf of all by any requirement, act, or proceeding, the persons so entitled, whether or not the office of the county association or other office specified by the Corporation. on the part of the Corporation or of its the person to whom payment is made has representatives, relating to appraisal or been authorized by the other interested § 415.2032 Establishment of premium to any examination herein provided for. persons to receive such payment. rates. The Corporation shall establish § 415.2036 Rounding of fractional § 415.2027 Determination of person to premium rates in dollars per acre, by areas, for all land for which coverages units. Amounts of insurance and premi­ whom indemnity shall be paid. In any ums shall be rounded to the nearest cent. case where the insured has transferred per acre are established and such rates shall be those deemed adequate to cover Fractions of acres shall be rounded to the his interest in all or a portion of the nearest tenth of an acre. Total produc­ flax crop on any insurance unit, or has claims for 1948 flax crop losses and to tion shall be rounded to the nearest ceased to act as a fiduciary, or has died, provide a reasonable reserve against un­ bushel. Computations shall be carried has been judicially declared incompetent foreseen losses. Premium rates so estab­ through the digit that is to be rounded. or has disappeared, payment in accord­ lished shall be shown nm the County Actuarial Table and be on file in the If the digit to be rounded is 1, 2, 3, or 4, ance with the provisions of this subpart the rounding shall be downward. If the will be made only dfter the facts have office of the county association or other office specified by the Corporation. digit to be rounded is 5, 6, 7, 8, or 9, the been established to the satisfaction of the rounding shall be upward. Corporation. The determination of the GENERAL Corporation as to the existence or non­ § 415.2037 Closing date. The closing existence of a circumstance in the event § 415.2033 Records and access to date for submission of applications shall of which payment may be made and of fatm. For the purpose of enabling the be the earlier of (a) the date of the the person (s) to whom such payment Corporation to determine the loss, if any, beginning of seeding of the flax crop on will be made shall be final and conclu­ that may have occurred under the con­ any insurance unit to be covered by the sive. Payment of any indemnity under tract, the insured shall keep, or cause contract, or (b) March 15, 1948. to be kept, for one year after the time this section shall constitute a complete § 415.2038 Maturity date for premi­ discharge of the Corporation’s obliga­ of loss, records of the harvesting, storage, shipment, sale, or other disposition, of ums. The maturity date for the pay­ tion with respect to the loss for which all flax produced on each insurance unit ment of premiums shall be July 31,1948. such indemnity is paid and settled and covered by the contract and on any un­ § 415.2039 Meaning of terms. For the shall be a bar to recovery by any other insured acreage in the county in which person. purpose of the Flax Crop Insurance Pro­ he has an interest. Such records shall* gram, the term: REFUNDS OF EXCESS NOTE PAYMENTS be made available for examination by (a) “ Contract” means the accepted the Corporation, and as often as may be § 415.2028 Refunds of excess note application for insurance and the regu­ reasonably required, any person or per­ lations in this subpart and any amend­ payments. The Corporation shall not be sons designated by the Corporation shall ments thereto. required to make a refund of any excess have access to the farm(s). (b) “Corporation” means the Federal payment made on account of a note § 415.2034 Applicant's warranties; Crop Insurance Corporation. until the insured acreage of flax has voidance for fraud. In applying for in­ (c) “County Actuarial Table” means been determined for all insurance units surance the applicant warrants that the the form and related material approved covered by the contract. information, data and representations by the Corporation for listing the cover- Wednesday, Decem ber 24, 1947 FEDERAL REGISTER 8755

A u t h o r i t y : §§ 416.151 to 416.190, inclusive, ages per acjre and the premium rates pef P art 416—C o rn C rop I n s u r a n c e Issued under, secs. 506 (e ), 507 (c ), 508, 509, acre applicable-in the county. SUBPART— REGULATIONS FOR ANNUAL CON­ and 51^ (b ), 52 Stat. 73-75, 77, as amended, (d) "County association” means the TRACTS COVERING THE 1948 CROP YEAR Pub. Law 320, 80th Cong.: 7 U. S. C. and Sup. County Agricultural Conservation Asso­ 1506 (e ), 1507 (c ), 1508, 1509, 1516 (b ). J ciation in the county. The Federal Crop Insurance Program (e) “Crop year” means the period be­ is part of the general program of the MANNER OF OBTAINING INSURANCE ginning with the day following the clos­ United States Department of Agriculture § 416.151 Availability of corn crop in­ ing date and within which the flax crop administered for the benefit of agricul­ surance. (a) Corn crop insurance for is seeded and normally harvested, and ture. the 1948 crop year will be provided only shall be designated by reference to the By virtue of the authority vested in the in accordance with this subpart in the calendar year in which the crop is nor­ Federal Crop Insurance Corporation by following counties: the Federal Crop Insurance Act, as mally harvested. State and County (f) “Flax crop” means all flax seeded amended, these regulations are hereby for harvest as seed, but does not include published and prescribed to be in force Illinois: Livingston, McDonough, Mont­ (1) volunteer or self-seeded flax, (2) flax and effect with respect to corn crop in­ gomery, Tazewell, Whiteside. Indiana: Benton, Decatur, DeKalb, Miami. seeded with any other crop except peren­ surance contracts for the 1948 crop year, until amended or superseded by regulà- Iowa: Buena Vista, Floyd, Madison, Osce­ nial grasses or legumes, other than vetch, ola, Scott, Story, Washington, West Potta- and (3) flax seeded for purposes other tions hereafter made. wattomie. than for harvest as seed. MANNER OF OBTAINING INSURANCE Kansas: Jackson, Marshall. (g) “Harvest” means any mechanical Sec. Maryland: Kent. severance from the land of matured flax 416.151 Availability of corn crop insurance. Michigan: Hillsdale, Monroe. 416.152 Application for insurance. Minnesota: Martin, Redwood, Wabasha. for threshing, whfflfe the flax crop has Missouri: Carroll, Marion, Nodaway. not been destroyed or substantially de­ 416.153 Acceptance of application by the Corporation. Nebraska: Richardson, Saunders. stroyed. Ohio: Champaign, Preble, Seneca. (h) “Insurance unit” means (1) all INSURANCE COVERAGE Pennsylvania: Chester. the insurable acreage of flax in the 416.154 Insurable acreage. South Dakota: Clay, Minnehaha. Wisconsin: Lafayette, Sauk. county in which the insured has 100 per- 416.155 Insured corn. centum interest in the crop, or (2) all the 416.156 Determination of insured acreage (b) Insurance will not be provided in insurable acreage in the county owned by and insured interest. any county unless written applications 416.157 Insurance period. one person which is operated by the in­ 416.158 Amount of insurance. for insurance on corn are filed, covering sured as a share tenant, or (3) all the 416.159 Causes of loss insured against. at least 200 farms in the county or one- insurable acreage in the county which is 416.160 Causes of loss not insured against. third of the farms normally producing corn. For this purpose an insurance unit owned by the insured and is rented to PREMIUM FOR CONTRACT one share tenant. Land rented for cash shall be deemed to be a farm. 416.161 Amount of premium. (c) Insurance may be offered in some or for a fixed commodity payment shall 416.162 Manner of payment of premium. counties on the basis of more than one be considered to be owned by the lessee. LOSS plan of insurance. However, a producer (i) “Petson” means an individual, may insure his interest under only one partnership, association, corporation, 416.163 Notice of loss or damage of com crop. such plan. estate or trust, or other business enter­ 416.164 Released acreage and released crop. § 416.152 Application for insurance. prise or other legal entity and, wherever 416.165 Time of loss. Application for insurance, on a form en­ applicable, a state, a political subdivision 416.166 Proof of loss. titled “Application for Corn Crop Insur­ 416.167 Amount of loss. of a state, or any agency thereof. ance” may be made by any person to (j) “ State director” means the repre­ PAYMENT OF INDEMNITY cover his interest as landlord, owner- sentative of the Corporation responsible 416.168 When indemnity payable. operator, or tenant, in a corn crop. An for the executive direction of the Federal 416.169 Indemnity payment. application shall cover the applicant’s Crop Insurance Program in the state. 416.170 Other insurance. interest in the corn crop on all or a part (k) “Substitute crop” means any crop, 416.171 Subrogation. of the insurable acreage on any insur­ 416.172 Creditors. except biennial and perennial legumes ance unit(s) considered for crop insur­ and perennial grasses, planted on re­ PAYM ENT OF IN DEM NITY TO PERSONS OTHER ance purposes to be located in the county THAN ORIGINAL INSURED leased acreage before harvest of flax be­ in which the applicant has an interest comes general in the county, as deter­ 416.173 Indemnity subject to all provisions at the time of the planting of the corn crop to be harvested in 1948. The num­ mined by the Corporation. Biennial and of contract. 416.174 Collateral assignment of right un­ ber of acres of corn on which the appli­ perennial legumes and perennial grasses der contract. cant is applying for Insurance, and his seeded with the flax or in the growing 416.175 Payment to transferee. interest in the corn crop shall be specified flax crop shall not be considered a sub­ 416.176 Death, incompetence, or disappear­ on the application. Applications shall ance of insured. stitute crop. 416.177 Fiduciaries. be submitted to the office of the county (l) “Tenant” means a person who 416.178 Determination of person to whom association or other office specified by the rents land from another person for a indemnity shall be paid. Corporation on or before the closing date share of the flax crop or proceeds there­ REFUNDS OF EXCESS NOTE PAYMENTS shown in § 416.188. In case of death of from produced on such land. the insured after the planting of the 416.179 Refunds of excess note payments. corn is begun for the 1948 crop year, any N ote: The record keeping requirements of 416.180 Assignment or transfer of claims these regulations have been approved by, for refunds not permitted. additional acreage of corn which is and subsequent reporting requirements wül 416.181 Refund in case of death, incompe­ planted for the insured’s estate for the be subject to the approval of, the Bureau of tence, or disappearance. 1948 crop year shall be covered by the the Budget in accordance with the Federal ESTABLISHMENT OF COVERAGES AND PREMIUM contract to the same extent as if it had Reports Act of 1942. RATES been planted by the insured. Adopted by the Board of Directors on 416.182 Establishment of coverages per acre. § 416.153 Acceptance of application December 17, 1947. 416.183 Establishment of premium rates per acre. by the Corporation, (a) Upon* accept­ [ seal] E. D. Berkaw, GENERAL ance of an application by a duly author­ Secretary. 416.184 Records and access to farm. ized representative of the Corporation, Approved: December 19, 1947. 416.185 Applicant’s warranties; voidance for the contract shall be in effect, provided fraud. all the requirements in this subpart for C l in t o n P. A n d e r s o n , 416.186 Modification of contract. the acceptance of applications have been Secretary of Agriculture. 416.187 Rounding of fractional units. met. 416.188 Closing date. [F. R. Doc. 47-11313; Filed, Dec. 23, 1947; 416.189 Maturity date for premiums. (b) The Corporation reserves the 8*46 a. m.] 416.190 Meaning of terms. right to reject any'application for insur- No. 250------4 8756 RULES AND REGULATIONS

ance in its entirety or with respect to any area in which the insured acreage is acreage for each rate, and the total of definitely identified acreage., located. the amounts so computed shall be the (b) The amount of insurance for each INSURANCE COVERAGE premium for the insurance unit. The insurance unit under the contract shall premium for the contract shall be the § 416.154 Insurable acreage. Any be determined by multiplying: total of the premiums computed for the acreage is insurable if a coverage is es­ (1) The insured acreage, by insured for all insurance units covered tablished therefor on the county actu­ (2) The coverage per acre, and by by the contract. The premium with re­ arial table and related material before (3) The insured interest in the crop spect to any insured acreage shall be the calendar closing date for filing appli­ at the time of planting. 14 different regarded as earned when the corn crop cations for insurance Any acreage for coverages per acre are applicable to parts on such acreage is planted. which a coverage is not established of the insurance unit, the amount of in­ within the time specfied above shall not surance shall be computed separately, § 416.162 Manner of payment of be considered in any manner whatsoever using the applicable acreage for each premium, (a) By executing the appli­ under the contract except as provided in coverage per acre, and the total of such cation for corn crop insurance, the ap­ §§ 416.167 (c) and 416.184. computed amounts shall be the amount plicant executes a premium note. This of insurance for the insurance unit. note represents a promise to pay to the § 416.155 Insured corn. Corn which Corporation, on or befqre the maturity will be insured under the contract shall § 416.159 Causes of loss insured date specified in § 416.189, the premium be corn planted for harvest as grain in against. The contract shall cover loss for all insurance units covered by the 1948 including only com which is nor­ of corn while in the field due to unavoid­ contract. A discount of five percentum mally regarded as field corn. The con­ able causes, including drought, flood, shall be allowed on any premium paid tract will not provide insurance for true hail, wind, frost, freeze, lightning, fire, in full on or before April 30, 1948. A type silage corn or thick-planted corn excessive rain, snow, wildlife, hurricane, penalty of three pereentum shall attach planted for silage or fodder purposes* tornado, insect infestation, plant disease, on the principal amount of any premium sweet corn, popcorn, broom corn, corn and such other unavoidable causes as not paid on or before December 31, 1948, planted for the development of hybrid may be determined by the Board of Di­ and an additional three percentum shall seed corn, or any type of corn other than rectors Of the Corporation. attach on the principal amount of any that normally regarded as field corn. § 416.160 Causes of loss not insured premium unpaid at the end of each six- § 416.156 Determination of insured against. The contract shall not cover month period thereafter. acreage and insured interest, (a) The loss caused by: (b) Payment on any premium shall be insured acreage with respect to each in­ (a) Failure to follow recognized good made by means of cash or by check, surance unit shall be the total acreage of farming practices; money order, postal note, or bank draft corn specified on the application for the (b) Poor farming practices, including payable to the order of the Treasurer of land included in the insurance unit or the but not limited to the use of defective the United States. All checks and drafts acreage planted thereon as determined or unadapted seed, overplanting or un­ will be accepted subject to collection, by the Corporation, whichever is the derplanting, failure properly to prepare and payments tendered shall not be re­ lesser: Provided, however, That insur­ the land for planting or properly to garded as paid unless collection is made. ance shall not attach with respect to (1) plant, care for or harvest the insured (c) Any unpaid amount of any pre­ any acreage seeded to corn which is de­ crop (including unreasonable delay mium (either before or after the date of stroyed or substantially destroyed (as thereof); maturity), plus any penalty due, may be defined in § 416.164) and which cah be (c) Following different fertilizer or deducted from any indemnity payable by replanted before it is too late to replant farming practices than those considered the Corporation, from the proceeds of to corn, as determined by the Corpora­ in establishing the coverage per acre; any commodity loan to the insured, and tion, and such acreage is not replanted (d) Planting corn on land which is from any payment made to the insured to corn, or (2) any acreage planted to generally considered incapable of pro- under the Soil Conservation and Domes­ corn too late to expect to produce a nor­ during a corn crop comparahle to that tic Allotment Act, as amended, or any mal crop, as determined by the Corpora­ produced on the land considered in es­ other Act of Congress or program ad­ tion. tablishing the coverage; ministered by the United States Depart­ (b) The insured interest with respect (e) Planting a variety of corn which ment of Agriculture. to each insurance unit shall be the in­ differs materially in yield from the va­ LOSS sured’s interest in the crop at the time riety considered in establishing the cov­ of planting as specified on the applica­ erage per acre for the land. § 416.163 Notice of loss or damage of tion or the interest which the Corpora­ (f) Planting corn under conditions of corn crop, (a) Unless otherwise pro­ vided by the Corporation, if a loss is tion determines as the insured’s actual immediate hazard; probable, notice in writing shall be given interest at the time of planting, which­ (g) Inability to obtain labor, seed, ever the Corporation shall elect: Pro­ fertilizer, machinery, repairs, or insect the Corporation, at the office of the vided, however, That, for the purpose of poison; county association, or other office speci­ determining loss, the insured interest (h) Breakdown of machinery, or fail­ fied by the Corporation, immediately shall not exceed the insured’s actual in­ ure of equipment due to mechanical after any material damage to the in­ terest at the time of loss, or the begin­ defects; sured crop and before the crop is har­ ning of harvest, whichever occurs first. (i) Neglect or malfeasance of the in­ vested, removed, or any other use is made sured or of ,any person in his household of it. Any such notice shall be given in § 416.157 Insurance period. Insur­ or employment or connected with the time to allow the Corporation to make ance with respect to any insured acreage farm as tenant or wage hand; appropriate inspection. shall attach at the time the corn is (j) Domestic animals or poultry; (b) Unless otherwise provided by the planted. Insurance shall cease with re­ ik ) Action of any person, or state, Corporation, if, at the completion of spect to any portion of the corn crop county, or municipal government in the harvesting of the insured corn crop, a upon harvesting or removal from the use of chemicals for the control of loss has been sustained, notice in writing field, and with respect to any insurance noxious weeds; or shall be given immediately to the Corpo­ unit upon submission of a claim for in­ (1) Theft. ration at the office of the county associa­ demnity, but in no event shall the insur­ tion or other office specified by the Cor­ PREMIUM FOR CONTRACT poration. I f such notice is not given ance remain in effect later than Decem­ I 416.161 Amount of premium. The within 15 days after harvest is completed, b e r 10*948, unless such time is extended the Corporation reserves the right to re­ in writing by the Corporation. premium for each insurance unit under the contract shall be based upon (a) the ject any claim for indemnity. This § 416.158 Amount of insurance, (a) insured acreage, (b) the premium rate, notice is in addition to any notice re­ The coverage per acre shall be the ap­ and (c) the insured interest in the crop quired by paragraph (a) of this section. plicable number of dollars or the ap­ at the time of planting. If more than § 416.164 Released acreage and re­ plicable number of bushels, whichever one premium rate is applicable to the leased crop, (a) Any insured acreage on the contract provides for, shown on the insurance unit, a premium shall be com­ which the corn crop has been destroyed approved county actuarial table for the puted separately using the applicable or substantially destrpyed may be re- Wednesday, Decem ber 24, 1947 . FEDERAL REGISTER 8757 leased by the Corporation for planting be payable with respect to any insurance the Corporation for ensilage or fodder to a substitute crop or to be put to an­ unit will be determined by multiplying purposed and is so used; other use. The corn crop shall be deemed the planted acreage by the coverage per (7) The value of the appraised produc­ to have been substantially destroyed if acre and subtracting therefrom the cash tion for any portion of the acreage that the Corporation determines that it has value (as determined by the Corpora­ is put to another use without the consent been so badly damaged that farmers gen­ tion) of the total production for the unit, of the Corporation (except as provided erally in the area, where the farm is and multiplying the remainder by the in §416.164 (b )), or the product of (i) located and on whose farms similar dam­ insured interest: Provided, however, such acreage and (ii) the «overage per age occurred, would not further care for That if the planted acreage on the in­ acre, whichever is larger; the crop or harvest any portion thereof. surance unit exceeds the insured acreage (8) The value of the appraised num­ Before any acreage is released, it on such unit, as determined by the Cor­ ber of bushels by which production on any acreage has been reduced solely be­ shall be inspected by a representative of poration, the amount of loss determined the Corporation and an appraisal made for the planted acreage shall be reduced cause of any cause not insured against, or the product of (i) such acreage and of the yield that would be realized if the on the basis of the ratio of the insured crop on such acreage remained for acreage to the planted acreage: Pro­ (ii) the coverage per acre, minus the value of any production for such acreage harvest. Any such appraisal shall be vided, further, That if the premium com­ determined without regard to this para­ subject to the minimum set forth in puted for the insured acreage is less than the premium computed for the planted graph, whichever is larger; ' • §416.167 (a) and (b). (9) The value of the appraised num­ On any acreage where the corn has acreage, the amount of loss determined ber of bushels by which production on been partially destroyed but not released for the planted acreage may be reduced any acreage has been reduced bècause by the Corporation, proper measures on the basis of the ratio of the premium of any cause not insured against, where shall be taken to protect the crop from computed for the insured acreage to the damage on such acreage has resulted further damage. There shall be no premium computed for the planted acre­ from a cause insured against and a cause abandonment of any crop or portion age, if the Corporation so elects. not insured against; and thereof to the Corporation. (b) For investment insurance the cash (10) The value of the appraised pro­ (b ) The« corn crop on any insured value of production shall be determined duction remaining unharvested Decem­ acreage may be released by the Corpora­ on the basis of (1) the local market price per bushel, (2) the price per bushel the ber 10,1948, or at the time of submission tion subject to an appraisal by the Cor­ of a Statement in Proof of Loss if one is poration of the yield that would be real­ insured obtained, or (3) the applicable 1948 loan rate per bushel (established submitted earlier. If such corn is not to ized if the crop were harvested: Pro-, be harvested the minimum appraisal set tided, however, That such appraisal shall hy the United States Department of Agri­ forth in subparagraph (4) of this para­ not be less than 15 percent of the amount culture), whichever is higher, as deter­ graph shall apply. of insurance for such acreage if the corn mined by the Corporation, except that if (e) Where the contract provides for crop is released for the purpose of feed­ the Corporation determines that any corn is not eligible for loan and would yield insurance, the amount of loss for ing to livestock in the field and is so which indemnity will be payable with re­ used: Provided, further, That such corn not meet loan requirements, if properly handled, such corn shall be evaluated at spect to any insurance unit will be deter­ crop may be used for ensilage or fodder mined by multiplying the planted acre­ without a release by the Corporation, if the highest price obtainable, as deter­ age by the coverage per acre, and sub­ the insured leaves a number of rows mined by the Corporation. (c) For dollar coverage insurance, the tracting therefrom the total production considered by the Corporation. to be an for the unit, and multiplying the re­ adequate representative sample for ap­ cash value of production shall be deter­ mined on the basis of the applicable 1947 mainder by the insured interest: Pro­ praising the yield that would be realized vided, however, That if the planted acre­ if the crop were harvested. loan rale per bushel (established by the United States Department of Agricul­ age on the insurance unit exceeds the § 416.165 Time of loss. Loss, if any, ture), except that if the Corporation de­ insured acreage on such unit, as deter­ shall be deemed to have occurred at the termines that any corn is not eligible for mined by the Corporation, the amount end of the insurance period as set forth loan and would not meet loan require­ of loss determined for the planted acre­ in § 416.157, unless the Corporation de­ ments, if properly handled, such corn age shall be reduced on the basis of the termines that the entire corn crop on shall be evaluated at the highest price ratio of the insured acreage to the the insurance unit was destroyed or sub­ obtainable (not in excess of the appli­ planted acreage: Provided, further, That stantially destroyed earlier, in which cable 1947 loan rate), as determined by if the premium computed for the insured event the loss shall be deemed to have the Corporation. acreage is less than the premium com­ occurred on the date of such damage as (d) The value of the total production puted for the planted afireage, the determined by the Corporation. shall include: amount of loss determined for the plant­ § 416.166 Proof of loss. I f a loss is (1) The value of the corn harvested; ed acreage may be reduced on the basis claimed, the insured shall submit-to the (2) The value of the appraised pro­ of the ratio of the premium computed Corporation a form entitled “Statement duction for any corn left in the field after for the insured acreage to the premium in Proof of Loss,” containing such infor­ harvest; computed for the planted^Screage, if the mation regarding the manner $nd extent (3) The value of the appraised pro­ Corporation so elects. The total pro­ of the loss as may be required by the duction for any acreage which is released duction shall include: Corporation. The Statement in Proof by the Corporation and planted to a sub­ (1) Corn harvested; of Loss shall be submitted not later than stitute crop for harvest in 1948 or the (2) The appraised production for any 60 days after the time of loss, unless the product of (i) such acreage and (ii) 50 corn left in the field after harvest; time for submitting the claim is extended percent of the coverage per acre, which­ (3) The appraised production for any in writing by the Corporation. It shall ever is larger; acreage which is released by the Corpo­ be a condition precedent to any liability (4) The value of the appraised pro­ ration and planted to a substitute crop under the contract that the insured es­ duction for any acreage which is released for harvest in 1948 or the product of (i) tablish the amount of any loss for which by the Corporation and not planted to a such acreage and (ii) 50 percent of the claim is made and that such loss has substitute crop for harvest in 1948 or the coverage per acre, whichever is larger; been directly caused by one or more of product of (i) such acreage and (ii) 15 (4) The appraised production for any the hazards insured against by the con­ percent of the coverage per acre, which­ acreage which is released by the Corpo­ tract during the insurance period, and ever is larger; ration and not planted to a substitute that the insured further establish that, (5) The value of the appraised pro­ crop for harvest in 1948 or the product the loss has not arisen from or been duction for any acreage which is released of (i) jsuch acreage and (ii) 15 percent of caused by, either directly or indirectly, by the Corporation for the feeding of the coverage per acre, whichever is any of the hazards not insured against livestock in the field and is so used, or larger; by the contract. ^ i the product of (i) such acreage and (ii) (5) The appraised production for any acreage which is released by the Corpo­ § 416.167 Amount of loss, (a) Where 15 percent of the coverage per acre, ration for the feeding of livestock in the the contract provides for investment in­ whichever is larger; surance or dollar coverage insurance, the (6) The value of the appraised produc­ field and is so used, or the product of amount of loss for which indemnity will tion for any acreage which is released by (i) such acreage and (ii) 15 percent of 8758 RULES AND REGULATIONS the coverage per acre, whichever is PAYMENT OF INDEMNITY were divided equally between the Cor­ larger; § 416.168 When - indemnity payable. poration and such other insurer. (6) The appraised production for any (b) In any case where an indemnity is acreage which is released by the Corpo­ The amount of loss for which the Cor­ poration may be liable with respect to paid to the insured by another Govern­ ration for ensilage or fodder purposes ment agency because of damage to the and is so used; any insurance unit covered by the con­ tract shall be payable within thirty days corn crop, the Corporation reserves the (7) The number of bushels of corn right to determine its liability under the which the Corporation determines will after satisfactory proof of loss is ap­ proved by the Corporation. However, if contract taking into consideration the result in indemnifying the insured for amount paid by such other agency. the amount that the production har­ payment of any indemnity is delayed for any reason beyond the time specified, vested from the insurance unit, lacks of § 416.171 Subrogation. The Corpora­ the Corporation shall not be liable for having a value of 50 percent of the cur­ tion may require from the insured an interest or damages on account of such assignment of all rights of recovery rent local value of a number of bushels delay. of No. 3 yellow corn equal to the smaller against any person (s) for loss or damage of (i) the number of bushels of such pro­ § 416.169 Indemnity payment, (a) to the extent that payment therefor is duction harvested, or (ii) the insured Any indemnity due under the contract made by the Corporation, and the in­ production for the insurance unit minus will be paid by the issuance of a clieck sured shall execute all papers required the total production of corn determined payable to the order of the person (s) and shall do everything that may be nec­ for the insurance unit without regard to entitled to such payment under this essary to secure such rights. this paragraph; subpart. § 416.172 Creditors. An interest ex­ (8) The appraised production for any (b) In the case of yield insurance, the isting by virtue of a debt, lien, mortgage, portion of the acreage that is put to an­ amount of the indemnity shall be deter­ garnishment, levy, execution, bank­ other use without the consent of the mined by multiplying the number of ruptcy, or any other process shall not Corporation (except as provided in bushels of corn approved as the amount be considered an interest in an insured § 416.164 (b) ) or the product of (i) such of loss for the insured by the applicable crop within the meaning of this subpart. acreage and (ii) the coverage per acre, 1947 corn loan fate per bushel (estab­ PAYMENT OF INDEMNITY TO PERSONS OTHER whichever is larger; lished by the United States Department THAN ORIGINAL INSURED (9) The appraised number of bushels of Agriculture). by which production on any acreage has (c) Any indemnity payable under a § 416.173 Indemnities subject to all been reduced solely because of any cause contract shall be paid to the insured or provisions of the contract. Indemnities not insured against, or the product of (i) such other person as may be entitled to shall be subject to all provisions of the such acreage and (ii) the coverage per the benefits of the contract under the contract, including the right of the Cor­ acre, minus any production for such provisions of the regulations in this sub­ poration to deduct from any indemnity acreage determined without regard to part notwithstanding any attachment, the unpaid amount of any earned pre­ this paragraph, whichever is larger; garnishment, receivership, trustee proc­ mium or any other obligation of the in­ (10) The appraised number of bushels ess, judgment, levy, equity, or bank­ sured to the Corporation: Provided, how~ by which production on any acreage has ruptcy, directed against the insured or ever, That in case of a transfer of an in­ been reduced because of any cause not such other person, or against any in­ terest in an insured crop, such deduc­ insured against, where damage on such demnity alleged to be due to such per­ tion to be made from an indemnity pay­ acreage has resulted from a cause in­ son; nor shall the Corporation or any able to the transferee shall not exceed sured against and a cause not insured officer, employee, or representative the premium plus any penalty due on against; and thereof be a proper party to any suit or the insurance unit or units involved in (11) The appraised production re­ action with reference to such' indemnity, the transfer, plus the unpaid amount of maining unharvested December 10,1948, nor be bound by any judgment, order, any other obligation of the transferee to or at the time of submission of a State­ or decree rendered or entered therein. the Corporation. Any indemnity pay­ ment in Proof of Loss if one is submitted No officer, agent, or employee of the Cor­ able to any person other than the orig­ earlier. If such corn is not to be har­ poration shall, because of any such inal insured shall be subject to any col­ vested, the minimum appraisal set forth process, order, or decree, pay or cause lateral assignment of the contract by the in subparagraph (4) of this paragraph to be paid to any person other than the original insured. insured or other person entitled to the shall apply. , J § 416.174 Collateral assignment of benefits of the contract, any indemnity ( f ) Where the insured commingles right under contract. The right to an production .from two or more insurance payable, in accordance with the provi­ sions of the contract. Nothing herein indemnity under a contract may be as­ units or portions thereof and fails to signed by the original insured as col­ contained shall excuse any person en­ establish and maintain separate records lateral security for a loan or other obliga­ titled to the benefits of the contract from satisfactory to the Corporation of acre­ tion of such insured. Such assignment full compliance with, or performance of, age or the production from each of the shall be made by the execution of a form any lawful judgment, order or decree component parts, the insurance with re­ entitled “ Collateral Assignment,” and, with respect to the disposition of any spect to such units may be voided by the upon approval thereof by the Corpora­ sums paid thereunder as an indemnity. Corporation and the premium for­ tion, the Interests of the assignee will be (d) I f a check issued in payment of an feited by the insured: Provided, however, recognized if an indemnity is payable un­ That if all the component parts are in­ indemnity is returned undeliverable at the last known address of the payee, and der the contract, to the extent of the sured the total amount of insurance for amount determined to be the unpaid if such payee or other person entitled to the component parts shall be considered balance of the amount (including in­ the indemnity makes no claim for pay­ as the amount of insurance for the com­ terest and other charges) for which such ment within two years after the issuance bination, and any loss for such combina­ assignment was made as collateral secur­ of the check, such claims shall not there­ tion shall be determined as outlined in ity: Provided, however, That (a) pay­ paragraphs (a) or (b), of this section, after be payable, except with the consent of the Corporation. ment of any indemnity will be subject to whichever is applicable. Where the in­ all conditions and provisions of the con­ sured fails to establish and maintain (e) The Corporation shall provide for the posting in each county at the county tract and to any deductions authorized separate records satisfactory to the Cor­ under § 416.173, and (b) payment of the poration of uninsured acreage and pro­ courthouse of a list of indemnities paid duction therefrom and for one or more for losses on farms in such county. indemnity may be made by check pay­ insurance units or portions thereof, any § 416.170 Other insurance, (a) If the able jointly to all persons entitled there­ production from such acreage which is insured has or acquires any other insur­ to and such payment shall constitute a commingled with the production from ance against substantially all the risks complete discharge of the Corporation’s the insured acreage shall be considered that are insured against by the Corpora­ obligation with respect to any loss under to have been produced on the insured tion under the contract, regardless of the contract The Corporation’s ap­ acreage, or the insurance with respect to whether such other insurance is valid or proval of an assignment shall not create such unit(s) under the contract may be collectible, the liability of the Corpora­ in the assignee any right other than that voided by the Corporation and the pre­ tor! shall not be greater than its share derived from the assignor: Provided, mium forfeited by the insured. would be if the amount of its obligations however, That the assignee may submit Wednesday, Decem ber 24, 1947 FEDERAL REGISTER 8759

a “Statement in Proof of Loss/’ if the in­ after the planting of the corn crop but non-existence of a circumstance in the sured refuses to submit, or disappears before the time of loss, and his interest event of which payment may be made without having submitted, such state­ in the crop is not a part of his estate at and of the person(s) to whom such pay­ ment. The Corporation shall in no case such time, the indemnity, if any, shall ment will be made shall be final and be bound to accept notice of any assign­ be paid to the person(s) who succeeded conclusive. Payment of any indemnity ment of the contract, and nothing con­ to his interest in the crop in the manner under this section shall constitute a com­ tained in any assignment shall give any provided for in § 416.175. plete discharge of the Corporation’s obli­ right against the Corporation to any (c) If an applicant for insurance dies gation with respect to the loss for which person other than the insured, except to or is judicially declared incompetent less such indemnity is paid and settled and an assignee approved by the Corporation. than 15 days before the calendar closing shall be a bar to recovery by any other Only one such assignment will be recog­ date for the filing of applications for" person. nized in connection with the contract, insurance, but before any corn crop in­ but if an assignment is released, a new tended to be covered by insurance is REFUNDS OF EXCESS NOTE PAYMENTS assignment may be made. planted, whoever succeeds him on the § 416.179 Refunds of excess note pay­ § 416.175 Payment to transferee. In farm with the right to plant the corn ments. The Corporation shall not be re­ the event of a transfer of all or a part crop as his heir or heirs, administrator, quired to make a refund of any excess of the insured interest in a corn crop be­ executor, guardian, committee, or con­ payment made on account of a note until fore the beginning of harvest or the time servator shall be substituted for the orig­ the premium has been determined for all of loss, whichever occurs first, the trans­ inal applicant upon filing with the office insurance units covered by the contract. feror shall immediately notify the Cor­ of the county association or other office There shall be no refund of an amount poration thereof in writing at the office specified by the Corporation within 15 less than $1.00 unless written request for of the county association or other office days (unless such period is extended by such refund is received by the Corpora­ specified by the Corporation. The trans­ the Corporation) after the date of such tion within one year after the expiration feree under such a transfer shall be en­ death or judicial declaration, or before of the contract. the date of the beginning of planting, titled to the benefits of the contract with whichever is earlier, a statement in writ­ § 416.180 Assignment or transfer of respect to the interest so transferred, claims for refunds not permitted. No subject to any assignment made by the ing in the form and manner prescribed by the Corporation, requesting such sub­ claim for a refund, or any part thereof, original insured in accordance with or any interest therein, shall be assign­ §416.174: Provided, however, That the stitution and agreeing to assume the obligations of the original applicant able or transferable, notwithstanding Corporation shall not be liable for a arising out of such application. If no any assignment of the contract or any greater amount of indemnity in connec­ transfer of interest in any corn crop tion with the insured crop than would such statement is filed, as required by this paragraph, the original application covered by the contract. Refund of any have been paid if the transfer had not shall be void. excess note payment will be made only taken place: Provided, further, That an (d) The insured shall be deemed to to the person who made such payment involuntary transfer of an insured in­ except as provided in § 416.181. terest in a corn crop solely because of have disappeared within the meaning of the" existence of a debt, lien, mortgage, this subpart if he fails to file with the § 416.181 Refund in case of death, in­ garnishment, levy, execution, bank­ office of the county association or other competence, or disappearance. In any ruptcy, or other process shall not entitle office specified by the Corporation writ­ case where a person who is entitled to a any holder of any such interest to any ten notice of his new mailing address refund of a payment has died, has been benefits under the contract. If, as a within 180 calendar days after any com­ judicially declared incompetent, or has result of any such transfer, diverse in­ munications by or on behalf of the Cor­ disappeared, the provisions of § 416.176 terests appear with respect to any insur­ poration is returned undeliverable at the with reference to the payment of in­ ance unit, the indemnity, if any, payable last known address of the insured. demnities in any such case shall be ap­ with respect to such unit may be paid § 416.177 Fiduciaries. Any indemnity plicable with respect to the making of jointly to all persons having the insured payable under a contract entered into in any such refund. interest in the crop at the time harvest the name of a fiduciary who is no longer ESTABLISHMENT OF COVERAGES AND PREMIUM is commenced or the time of loss, which­ acting in such capacity at the time for RATES ever occurs first, or to one of such persons the payment of indemnity will be made on behalf of all such persons, and pay­ to the succeeding fiduciary upon appro­ § 416.182 Establishment of coverages ment in any such manner shall constitute priate application and proof satisfactory per acre, The Corporation shall estab­ a complete discharge of the Corporation’s to the Corporation of his incumbency. lish coverages per acre which shall -not liability with respect to such unit under If there is no succeeding fiduciary, pay­ be in excess of the maximum limitations the contract. ment of the indemnity shall be made to prescribed in the Federal Crop Insurance the persons beneficially entitled under Act. In addition, for investment insur­ § 416.176 Death, incompetence, or ance and dollar coverage insurance, the disappearance of insured, (a) If the in­ this subpart to the insured interest in the crop, to the extent of their respective average of such coverages shall not ex­ sured dies, is judicially declared incom­ ceed the average investment in the crop petent, or disappears after planting the interests, upon proper application and proof of the facts: Provided, however, in the area, as determined by the Cor­ corn crop but before the time of loss, and poration, taking into consideration his insured interest in the corn crop is a That the settlement may be made with any one or more of the persons so en-' recognized farming practices. Coverages part of his estate at such time, or if the so established shall be shown on the insured dies, is judicially declared in­ titled, and payment may be made to such person or persons in behalf of all the county actuarial table and be on file in competent, or disappears subsequent to the office of the county association or such time, the indemnity, if any, shall persons so entitled, whether or not the person to whom payment is made has other office specified by the corporation be paid to the legal representative of his and may be revised from year to year as estate, if one is appointed or is duly been authorized by the other interested persons to receive such payment. the Corporation may elect. The cover­ qualified. If no such representative is age per acre for any specific acreage shall or will bfrso qualified, the indemnity shall § 416.178 Determination of person to be the coverage per acre approved by the be paid to the persons beneficially en­ whom indemnity shall be paid. In any Corporation for the area in which the titled to share in the insured’s interest case where the insured has transferred acreage is located. in the crop or to any one or more of such his interest in all or a portion of the persons on behalf of all such persons: corn crop on any insurance unit, or has § 416.183 Establishment of premium Provided, however, That, if the indemnity ceased to act as a fiduciary, or has died, rates per acre. The Corporation shall exceeds $500, the Corporation may with­ has been judicially declared incompetent establish premium rates in dollars per acre for all acreage for which coverages hold the payment of the indemnity until or has disappeared, payment in accord­ a legal representative of the insured’s per acre are established and such rates ance with the provisions of this subpart shall be those deemed adequate to cover estate is duly qualified to receive such will be made only after the facts have claims for 1948 corn crop losses and to payment. been established to the satisfaction of provide a reasonable reserve against un- (b) If the insured dies, is judicially the Corporation. The determination of forseen losses. Premium rates so estab­ declared incompetent, or disappears the Corporation as to the existence or lished shall be shown on the county 8760 RULES AND REGULATIONS actuarial table and shall be on file in the to the nearest tenth of an acre. Com­ Adopted by jthe Board of Directors on office of the county association or other putations shall be carried through the December 17, 1947. office specified by the Corporation. digit that is to be rounded. If the digit [ s e a l] E. D. B e r k a w , to be rounded is 1, 2, 3, or 4, the round­ Secretary. GENERAL ing shall be downward. If the digit to .§ 416.184 Records and access to farm. be rounded is 5, 6, 7, 8, or 9, the round­ Approved: December 19, 1947. For the purpose of enabling the Corpo­ ing shall be upward. C l in t o n P. A n d e r so n , ration to determine the loss, if any, that § 416.188 Closing date. The closing Secretary of Agriculture. may have occurred under the contract, date for submission of applications to the insured shall keep, or cause to be [F. R. Doc. 47-11316; Filed, Dec. 23, 1947; cover the corn crop shall be the earlier 8:46 a. m.] kept, for one year after the time of loss, of (a) the date of the beginning of plant­ records of the harvesting, storage, ship­ ing of the corn crop on any insurance ment, sale, or other disposition, of a ll' unit to be covered by the contract, or corn produced on each insurance unit P art 417—T obacco C rop I nsurance (b) April 30, 1948. covered by the contract and on any un­ SUBPART— REGULATIONS FOR ANNUAL CON­ insured acreage in the county in which § 416.189 Maturity date for premi­ TRACTS COVERING THE 1948 CROP YEAR he has an interest. Such records shall ums. The maturity date for the pay­ be made available for examination by ment of premiums shall be July 20, 1948. The Federal Crop Insurance Program is part of the general program of the the Corporation, and as often as may be § 416.190 Meaning of terms. For the reasonably required, any person or per­ United States Department of Agricul­ purpose of the 1948 Corn Crop Insurance ture administered for the benefit of agri­ sons designated by the Corporation shall Program, the term: have access to the farm(s). culture (a) “Contract” means the accepted By virtue of the authority vested in the § 416.185 Applicant’s warranties; application for insurance and the regu­ Federal Crop1 Insurance Corporation by voidance for fraud. In applying for lations in this subpart and any amend­ the Federal Crop Insurance Act, as insurance the applicant warrants that ments thereto. amended, these regulations are hereby the information, data and representa­ (b) “Corporation” means the Federal published and prescribed to be in force tions submitted by him in connection Crop Insurance Corporation. and effect, with respect to tobacco crop with the contract are true and correct, (c) “County Actuarial Table” , means insurance contracts for the 1948 crop and are made by him, or by his authority, the form and related material approved year, until amended or superseded by and shall be taken as his act. The con­ by the Corporation for listing the cover­ regulations hereafter made tract may be voided and the premium ages per acre and the premium rates per MANNER OF OBTAINING INSURANCE forfeited to the Corporation without the acre applicable in the county. Sec. Corporation’s waiving any right or (d) “County Association” means the 417.151 Availability of tobacco crop insur­ remedy, including its right to collect the County Agricultural Conservation Asso­ ance. amount of the note executed by the in­ ciation in the county. 417.152 Application for insurance. sured, whether before or after maturity, (e) “Crop year” means the period 417.153 Acceptance of applications by the if at any time the insured has concealed within which the corn crop is planted Corporation. any material fact or made any false or and normally harvested, and shall be des­ INSURANCE COVERAGE fraudulent statements relating to the ignated by reference to the calendar 417.154 Insurable acreage. % . contract, the subject thereof, or his in­ year in which the crop is normally har­ 417.155 Determination of insured acreage terest in the corn crop covered thereby, vested. and interest. or if the insured shall neglect to use all (f) “Harvest” means picking the corn 417.156 Insurance period. reasonable means to produce, care for or from the stalk either by hand or ma­ 417.157 Amount of insurance. save, the corn crop covered thereby, chine, or cutting the corn for fodder or 417.158 Partial insurance protection. whether before or after damage has oc­ ensilage. 417.159 Causes of loss insured against. curred, or if the insured fails to give any (g) “Insurance unit” means (1) all the 417.160 Causes of loss not insured against. notice, or otherwise fails to comply with insurable acreage of corn in the county PREMIUM FOR CONTRACT the terms of the contract, including the in which the insured has 100 percentum 417.161 Amount of premium. note, at the time and in the manner interest in the crop, or (2) all the in­ 417.162 Manner of payment of premium. prescribed. surable acreagç in the county which is LOSS § 416.186 Modification of contract. owned by one person and is operated by the insured as a share tenant, or (3) all 417.163 Notice of loss or damage of tobacco No notice to any representative of the crop. Corporation Or the knowledge possessed the insurable acreage in the county which is owned by the insured and is rented to 417.164 Released acreage. by any such representative or by any 417.165 Time of loss. other person shall be held to effect a one share tenant. Land rented for cash 417.166 Proof of loss. Waiver of or change in any part of the or for a fixed commodity payment shall 417.167 Amount of loss. be considered to be owned by the lessee. contract or to estop the Corporation PAYMENT OF INDEMNITY from asserting any right or power under (h) “Person” means an individual, partnership, association, corporation, 417.168 When indemnity payable. such contract; nor shall the terms of 417.169 Indemnity payment. such contract be waived or changed ex­ estate or trust, or other business enter­ prise or other legal entity and, wher­ 417.170 Other insurance. cept as authorized in writing by a duly 417.171 Subrogation. ever applicable, a state, a political sub­ 417.172 Creditors. authorized, officer or representative of division of a state, or any agency thereof. the Corporation; nor shall any provision x (i) “State director” means the repre­ PAYM ENT OF IN D EM N ITY TO PERSONS OTHER or condition of the contract or any for­ sentative of the Corporation responsible TH AN ORIGINAL INSURED feiture be held to be waived by any delay for the executive direction of the Federal 417.173 Indemnities subject to all provi­ or omission by the Corporation in fexer- Crop Insurance Program in the state. sions of contract. cising its rights and powers thereunder (j) “ Substitute crop” means any crop 417.174 Collateral assignment of right un­ other than com planted on released der contract. or by any requirement, act or proceed­ 417.175 Payment to transferee. ing, on the part Of the Corporation of of acreage for harvest in 1948. 417.176 Death, incompetence, or disappear­ its representatives, relating to appraisal (k) “Tenant” means a person who ance of insured. or t

later than the following applicable date, computed for the planted acreage, if the provisions of the contract. Nothing unless the time for submitting the claim Corporation so elects. herein contained shall excuse any person is extended in writing by the Corpora- (b) Where the insured fails to estab­ entitled to the benefits of the contract tion. lish and maintain separate records, satis­ from full compliance with, or perform­ Type of factory to the Corporation, of acreage or ance of, any lawful judgment, order, or Date tobacco production for two or more insurance February 28, 1949______11 decree with respect to the disposition of January 31, 1949------12 units or portions thereof, the insurance any sums paid thereunder as an in­ November 30, 1948______._____ 13 with respect to such units may be voided demnity. November 30, 1948______14 by the Corporation and the premium for­ (c) If a check issued in payment of March 31, 1949------21 feited by the insured: Provided, however, an indemnity is returned undeliverable April 30, 1949______22 That, if all the component parts are in­ at the last known address of the payee, April 30, 1949------23 sured the total amount of insurance for and if such payee or other person entitled March 31, 1949______31 the component parts shall be considered to the indemnity makes no claim for November 30, 1949______32 as the amount of insurance for the com­ March 31, 1949______;______35 payment within two years after the is­ May 31, 1949..^______41 bination, and any loss for such combi­ suance of the check, such claim shall March 31, 1949------51 nation shall be determined as outlined in not thereafter be payable, except with March 31, 1949^______» ______52 paragraph (a) of this section. Where the consent of the Corporation. May 31, 1949______».______54 the insured fails to establish and main­ (d) The Corporation shall provide for May 31, 1949___ 55 tain separate records, satisfactory to the the posting in each county at the county It shall be a condition precedent to any Corporation, of uninsured acreage and courthouse of a list of indemnities’ paid production therefrom, and for one or liability under the contract that the in­ for losses on farms in such county. more insurance, units or portions thereof, sured establish the amount of any loss any production from such acreage which § 417.170 Other insurance, (a) If for which claim is made and that such the insured has or acquires any other is commingled with the production from loss has been directly caused by one or insurance against substantially all the the insured acreage shall be considered more of the hazards insured against by risks that are insured against by the Cor­ to have been produced on the insured poration under the contract, regardless the contract during the insurance period, acreage, or the insurance with respect to and that the insured further establish of whether such other insurance is valid such unit(s) under the contract may be or collectible, the liability of the Cor­ that the loss has not arisen from or been voided by the Corporation and the pre­ caused by, either directly or indirectly, poration shall not be greater than its mium forfeited by the insured. share would be if the amount of its ob­ any of the hazards not insured against (c) If the contract provides for par­ by the contract. ligations were divided equally between tial insurance protection in accordance the Corporation and such other insurer. § 417.167 Amount of loss, (a) The with the provisions of § 415.158, the (b) In any case where an indemnity amount of loss for which an indemnity amount of loss computed as set forth in is paid to the insured by another Gov­ will be payable with respect to any insur­ paragraphs (a) and (b) of this section ernment agency because of damage to ance unit will be determined by multiply­ shall be reduced by one-half. the tobacco crop, the Corporation re­ ing the planted acreage by the coverage PAYMENT OF INDEMNITY serves the right to determine its liability per acre and the insured interest in the under the contract, taking into consid­ § 417.168 When indemnity payable. crop, and subtracting therefrom (1) the eration the amount paid by such other cash returns from the insured interest The amount of loss for which the Cor­ agency. in the tobacco harvested from the in­ poration may be liable with respect to surance unit and sold on the warehouse any insurance unit covered by the con­ § 417.171 Subrogation. The Corpora­ floor, (2) the fair market value, as de­ tract shall be payable within thirty days tion may require from the insured an termined by the Corporation, of the in­ after satisfactory proof of loss is ap­ assignment of all rights of recovery sured interest in the tobacco harvested proved by the Corporation. However, if against any person (s) for loss or damage from the insurance-unit and not sold on payment of any indemnity is delayed for to the extent that payment therefor is the warehouse floor, (3) the appraised any reason beyond the time specified, made by the Corporation, and the in­ cash value, as determined by the Corpo­ the Corporation shall not be liable for sured shall execute all papers required ration, of the insured interest in the interest or damages on account of such and shall do everything that may be unharvested tobacco on the insurance delay. necessary to secure such rights. unit, and (4) the appraised cash value, § 417.169 Indemnity payment, (a) § 417.172 Creditors. An interest ex­ as determined by the Corporation, of the Any indemnity due under the contract isting by virtue of a debt, lien, mortgage, insured interest in the tobacco on any will be paid by the issuance of a check garnishment, levy, execution, bank­ portion of the insured tobacco acreage payable to the order of the person (s) ruptcy, or any other process shall not that is put to another , use without the entitled to such payment under this sub­ be considered an interest in an insured consent of the Corporation, but the part. crop within the meaning of this subpart. amount shall not be less than the amount (b) Any indemnity payable under a of insurance applicable to such acreage: PAYMENT OF INDEMNITY TO PERSONS OTHER contract shall be paid to the insured or THAN ORIGINAL INSURED Provided, however, That, if all or any such other person as may be entitled to part of the loss is due to á cause (s) not the benefits of the contract under this § 417.173 Indemnities subject to all insured against, the amount of loss shall subpart, notwithstanding any attach­ provisions of contract. Indemnities be reduced by the cash value of the in­ ment, garnishment, receivership, trustee shall be subject to all provisions of the sured interest under the contract in the process, judgment, levy^equity, or bank­ contract, including the right of the Cor­ tobacco which the Corporation deter­ ruptcy directed against the insured or poration to deduct from any indemnity mines was lost from su'ch cause: Pro­ such other person, or against any in­ the unpaid amount of any earned pre­ vided, further, That, if the planted acre­ demnity alleged to be due to such person, mium, plus any penalty due, or any other age on the insurance unit exceeds the nor shall the Corporation or any officer, obligation of the insured to the Corpora­ insured acreage on such unit, as deter­ employee, or representative thereof be tion: Provided, however, That in case of mined by the Corporation, the amount a proper party to any suit or action with a transfer of an interest in an insured of loss determined for the planted acre­ reference to such indemnity nor ^e bound crop, such deduction to be made from age shall be reduced on the basis of the by any ju^tement, order, or decree ren­ an indemnity payable to the transferee ratio of the insured acreage to the dered or entered therein. No officer, shall not exceed the premium (plus any Planted acreage: Provided, further, That, penalty) due on the land involved in if the premium computed for the re­ agent, or employee of the Corpora­ tion shall, because of any such process, the transfer, plus the unpaid amount of ported acreage is less than the premium any other obligation of the transferee computed for the planted acreage, the order, or decree, pay or cause to be to the Corporation. Any indemnity pay­ amount of loss determined for the paid, to any person other than the able to any person other than the origi­ planted acreage may be reduced on the insured or other person entitled to the nal insured as a result of a transfer shall basis of the ratio of the premium for benefits o f'th e contract, any indem­ be subject to any collateral assignment the reported acreage to the premium nity payable in accordance with the of the contract by the original insured. No. 250------5 8764 RULES AND REGULATIONS

§ 417.174 Collateral assignment of whichever occurs first, or to one of such § 417.177 Fiduciaries. Any indemnity right under contract. The right to an persons, on behalf of all such persons, payable under a contract entered into in Indemnity under a contract may be and payment in any such manner shall the name of a fiduciary who is no longer assigned by the original insured as col­ constitute a complete discharge of the acting in such capacity at the time for lateral security for a loan or other Corporation’s liability with respect to the payment of indemnity will be made obligation of such insured. Such assign­ such unit under the contract. to the succeeding fiduciary upon appro­ ment shall be made by-the execution of § 417.176 Death, incompetence or dis- priate application and proof satisfactory to the ‘Corporation of his incumbency. a form entitled, “ Collateral Assignment” appearance of insured, (a) If the in­ If there is no succeeding fiduciary, pay­ and, upon approval thereof by the Cor­ sured dies, is judicially declared incom­ ment of the indemnity shall be made to poration, the interests of the assignee petent, or disappears after planting the the persons beneficially entitled under will be recognized, if an indemnity is tobacco crop but before the time of loss this subpart to the insured interest in payable under the contract, to the ex­ or the time harvest is commenced, the crop, to the extent of their respective tent of the amount determined to be the whichever occurs first, and his insured interests, upon proper application^ and unpaid balance of the amount (includ­ interest in the tobacco crop is a part of proof of the facts: Provided, hdwever, ing interest and other charges) for his estate at such time, or if the insured That the settlement may be made with which such assignment was made as col­ dies, is judicially declared incompetent, any one or more of the persons so en­ lateral security : Provided, however, That or disappears subsequent to such time, titled, and paymenf may be made to (a) payment of any indemnity will be the indemnity, if any, shall be paid to the such person or persons in behalf of all subject to all conditions and provisions legal representative of his estate, if one the persons so entitled, whether or not of the contract and to any deductions is appointed or is duly qualified. If no the person to whom payment is made authorized under § 417.173, and (b) pay­ such .representative is or will be so quali­ has been authorized by the other inter­ ment of the indemnity may be made by fied, the indemnity shall be paid to the check payable jointly to all persons en­ ested persons to receive such payment. persons beneficially entitled to share in % titled thereto and such payment shall the insured’s interest in the crop or to § 417.178 Determination of person to constitute a complete discharge of the any one or more of such persons on be­ whom indemnity shall be paid. In any Corporation’s obligation with respect to half of all such persons: Provided, how­ case where the insured has transferred any loss under the contract. The Cor­ ever, That, if the amount of the indem­ his interest in all or a portion of the poration’s approval of an assignment nity exceeds $50(f, the Corporation may tobacco crop on any insurance unit, or shall not create in the assignee any right withhold the payment of the indemnity has ceased to act as a fiduciary, or has other than that derived from the as­ until a legal representative of the in­ died, has been judicially declared incom­ signor: Provided, however, That the sured’s estate is duly qualified to receive petent or has disappeared, payment in assignee may submit a “ Statement in such payment. x accordance with the provision of this Proof of Loss” , if the insured refuses to (b) If the insured dies, is judicially subpart will be made only after the facts submit, or disappears without having declared incompetent, or disappears have been established to the satisfaction submitted, such statement. The Corpo­ after planting the tobacco crop but be­ of the Corporation. The determination ration shall in no case be bound to accept fore the time of loss or the time harvest of the Corporation as to the existence or notice of any assignment of the contract, nonexistence of a circumstance in the and nothing contained in any assign­ is commenced, whichever occurs first, and his interest in the crop is not a part event of which 'payment may be made ment shall give any right against the and of the person (s) to whom such pay­ Corporation to any person other than of his estate at such time, the indemnity, if any, shall be paid to the person(s) who ment will be made shall be final and con­ the insured, except to an assignee ap­ clusive. Payment of any indemnity proved by the Corporation. Only one succeeded to his interest in the crop in the manner provided for in § 417.175. under this section shall constitute a com­ such assignment will be recognized in plete discharge of the Corporation’s connection with the contract, but if an (c) If an applicant for insurance dies or is judicially declared incompetent less obligation with respect to the loss for assignment is released, a new assign­ which such indemnity is paid and settled ment may be made. than fifteen days before the applicable calendar closing date for the filing of and shall be a bar to recovery by any § 417.175 Payment to transferee. In applications for insurance and before other person. the event of a transfer of all or a part the beginning of planting of the tobacco REFUNDS OF EXCESS NOTE PAYMENTS of the insured interest in a tobacco crop crop intended to be covered by insurance, before the beginning of harvest or the whoever succeeds him on the farm with § 417.179 Refunds of excess note pay­ time of loss, whichever occurs first, the the right to produce the tobacco crop as ments. The Corporation shall not be re­ transferor shall immediately notify the his heir or heirs, administrator, execu­ quired to make a refund of any excess payment made on account of a note until Corporation thereof in writing at the tor, guardian, committee, or conservator the insured acreage of tobacco has been office of the county association or other shall be substituted for the original ap­ determined for all insurance units cov­ office specified by thé Corporation. The plicant upon filing with the office of the transferee under such a transfer shall ered by the contract. county association, within fifteen days There shall be no refund of an amount be entitled to the benefits of the contract (unless such period is extended by the with respect to the interest so trans­ less than $1.00 unless written request for Corporation) after the date of such such refund is received by the Corpora­ ferred, subject to any assignment made death or judicial declaration, or before tion within one year after the date of by the original insured in accordance the date of the beginning of planting, with § 417.174: Provided, however, That whichever is the earlier, a statement in maturity of the note. the Corporaton shall not be liable for a writing, in the form and manner pre­ § 417.180 Assignment or transfer of greater amount of indemnity in connec­ scribed by the "Corporation, requesting claims for refunds not permitted. No tion with the insured crop than would such substitution and agreeing^ to assume Claim for a iefund, or any part thereof, have been paid if the transfer had not the obligations of the original applicant or any interest therein, shall be assign­ taken place: Provided, further, That an arising out of such application. I f no able or transferable, notwithstanding involuntary transfer of an insured in­ such statement is filed, as required by any assignment of the contract or any terest in a tobacco crop solely because this paragraph, the original application transfer of interest in any tobacco crop of the existence of a debt, lien, mortgage, shall be void. covered by the contract. Refund of any garnishment, levy, execution, bank­ (d) The insured shall be deemed to excess note payment will be made only ruptcy or other process shall not entitle have disappeared within th^ineaning of to the person who made such payment any holder of any such interest to any this subpart if he fails to file with the except as provided in § 417.181. benefits under the contract. If, as a office of the county association or other result of any such transfer, diverse in­ § 417.181 Refund in case of death, in­ office specified by the Corporation written terests appear with respect to any in­ competence, or disappearance. In any surance unit, the indemnity, if any, pay­ notice of his new mailing address within case where a person who is entitled to a able with respect to such unit may be 180 calendar days after any communica­ refund of a payment has died, has been paid jointly to all persons having the in­ tion by or on behalf of the ^Corporation judicially declared incompetent, or has sured interest in the crop at the time is returned undeliverable at the last disappeared, the provisions of § 417.17b harvest is commenced or the time of loss, known address of the insured. with reference to the payment of in- Wednesday, Decem ber 24, 1947 FEDERAL REGISTER 8765

demnities iii any such case shall be including the note, at the time and in Massachusetts: December 31, 1948. applicable. the manner prescribed. Pennsylvania: December 81, 1948. Wisconsin: February 28, 1949. ESTABLISHMENT OF COVERAGES AND PREMIUM § 417.186 Modification of contract. Maryland: April 30, 1949. RATES No notice to any representative of the § 417.190 Meaning of terms. For the §417.182 Establishment of coverages Corporation or knowledge possessed by purpose of the 1948 Tobacco Crop In ­ per acre. The Corporation shall estab­ any such representative or by any other surance Program, the term: lish coverages per acre, for use as set person shall be held to effect a waiver (a) “Contract” means the accepted forth in § 417.157. Such coverages per of or change in any part of the contract application for insurance and the regula­ acre shall not exceed the maximum lim­ or to estop the Corporation from assert­ tions in this subpart and any amend­ itations prescribed in the Federal Crop ing any right or power under such con­ ments thereto. Insurance Act. In addition, for invest­ tract^ nor shall the terms of such con­ (b) “ Corporation” means the Federal ment insurance, the average of such cov­ tract be waived or changed except as Crop Insurance Corporation. erages for an area shall not exceed the authorized in writing by a duly author­ (c) “ County Actuarial Table” means average investment per acre in the crop ized officer or representative of the Cor­ the form and related material approved in the area, as determined by the Corpo­ poration; nor shall any provision or by the Corporation for listing the cover­ ration, taking into consideration recog­ condition of the contract or any forfei­ ages per acre and the premium rates per nized farming practices. Coverages so ture be held to be waived by any delay acre applicable in the county. established shall be shown on the county or omission by the Corporation in exer­ (d) “County association” means the actuarial table and be on file in the office cising its rights and powers thereunder county agricultural conservation associa­ of the county association or other office or by any requirement, act, or proceed­ tion in the county. specified by the Corporation. ing, on the part of the Corporation or of (e) “ Crop year” means the period be­ its representatives, relating to appraisal § 417.183 Establishment of premium ginning with the day following the ap­ or to any examination herein provided plicable closing date for the filing of rates per acre. The Corporation shall for. establish premium rates in dollars per applications for insurance and within acre for all land for which coverages per § 417.187 Rounding of fractional which the tobacco crop is planted and acre are established and such rates shall units. Amounts of insurance, premiums, normally harvested and shall be desig­ be those deemed adequate to cover claims and the value of production shall be nated by reference to the calendar- year for 1948 tobacco crop losses and to pro­ reduced to the nearest cent. Fractions in which the crop is harvested. vide a reasonable reserve against unfore­ of acres shall be rounded to the nearest (f) “Harvest” means any severance of seen losses. Premium rates so estab­ tenth of an acre. Computations shall be the tobacco plant from the land, except lished shall be shown on the county carried through the digit that is to be that, with respect to types 11,12, 13, and actuarial table and be on file in the office rounded. If the digit to be rounded 14, “harvest” means the first priming. of the county association- or other office is 1,2,3, or 4, the rounding shall be down­ (g) “Insurance unit” means all insur­ specified by the Corporation. ward. If the digit to be rounded is 5, able acreage, considered for crop insur­ 6, 7, 8, or 9, the rounding shall be up­ ance purposes to be Ideated in the county, GENERAL ward. of an insurable type of tobacco in which one person has the entire interest or in § 417.184 Records and access to farm. § 417.188 Closing dates. The closing which two or more persons have the For the purpose of enabling the Corpo­ date for the submission of applications entire interest, excluding any other ration to determine the loss, if any, that to cover the tobacco crop shall be the acreage of tobacco in the county in which may have occurred under the contract, earlier of (a) the .date of the beginning such persons together do not have the the insured shall keep or cause to be of planting of the tobacco crop on any entire interest. kept for one year after the time of loss, insurance unit to be covered by the con­ (h) “Market price” in the case of to­ records of the harvesting, sale or other tract, or (b) the following applicable bacco of types 11, 12, 13, 14, 21, 22, 23, disposition of all tobacco produced on date: 31, and 35 means the average auction each insurance unit covered by the con­ State and Date price of the applicable type (less ware­ tract and on any uninsured acreage in Georgia: March 27, 1948. house charges), as determined by the the county in which he has an interest. Florida: March 27, 1948. Corporation, during the first twenty-five Such records shall be made available for South Carolina: April 10, 1948. market days of auction sales for the belt examination by the Corporation and as North Carolina: April 24, 1948. or area, adjusted where applicable for often as may reasonably be required any Virginia: \ * May 1, 1948 for Appomattox, Lunenburg, normal trend, except that a shorter pe­ person or persons designated by the Cor­ riod may be used if the Corporation de­ poration shall have access to the farm (s). and Pittsylvania counties. May 8, 1948 for Washington county. termines that approximately 80 percent § 417.185 Applicant’s warranties; void- Kentucky : May 8, 1948. of the tobacco crop is sold in such period. ance for fraud. In applying for insur­ Ohio: May 8, 1948. In the case of tobacco of types 32, 41, ance the applicant warrants that the in­ Tennessee: May 8, 1948. 51, 52, 54, and 55, the “ market price” formation, data, and representations Connecticut: May 31, 1948. shall be that price determined by the Massachusetts: May 31, 1948. submitted by him in connection with the Maryland: May 31, 1948. Corporation. contract are true and correct, and are Pennsylvania: May 31, 1948. (i) “Person” means an individual, made by him, or by his authority, and Wisconsin: May 31, 1948. partnership, association, corporation, es­ shall be taken as his act. The contract tate, or trust, or other business enter­ may be voided and the premium for­ § 417.189 Maturity dates for premium prise or other legal entity and, wherever feited to the Corporation without the notes. The maturity dates for the pay­ applicable, a State, or political subdivi­ Corporation’s waiving any right or rem­ ment of premiums shall be as follows: sion of a State, or any agency thereof. edy,' including its right to collect the State and Date (j) “Planting” means transplanting amount of the note executed by the in­ the tobacco plant from the plant bed to sured, whether before or after maturity, Georgia: July 31, 1948. the field. Florida: July 31, 1948. if at any time the insured has concealed South Carolina: August 31, 1948. (k) “ Sharecropper” means a person any material fact or made any false or North Carolina: who works a farm in whole or in part fraudulent statements relating to the August 31, 1948, for Columbus, Pitt, and under the general supervision of the op­ contract, the subject thereof, or his in­ Wilson counties. erator and is entitled to receive for his September 30, 1948, for Stokes, Surry, labor a share of the tobacco crop thereon terest in the tobacco crop .covered Vance and Wake counties. thereby, or if the insured shall neglect or of the proceeds therefrom. Virginia: (l) “State Director” means the rep­ to use all reasonable means to produce, September 30, 1948, for Appomattox, Lun­ resentative of the Corporation respon­ care for or save the tobacco crop covered enburg, and Pittsylvania counties. sible for the executive direction of the thereby whether before or after damage December 31, 1948, for Washington County. Kentucky: December 31, 1948. Federal crop insurance program in the has occurred, or if the insured fails to Ohio: December 31, 1948: State. give any notice, or otherwise, fails to Tennessee: December 31, 1948. (m) “ Tenant” means a person other comply with the terms of the contract, Connecticut: December 31, 1948. than a sharecropper who rents land from 8766 RULES AND REGULATIONS another person for a share of the to­ TITLE 12— BANKS AND and made an oral presentation of their bacco crop or proceeds therefrom pro­ views. duced on such land. BANKING After due and careful consideration of all relevant matter thus presented to the N ote: Tlie record-keeping requirements Chapter II— Federal Reserve System of these regulations have been approved by, Board with respect to the proposal,, the and subsequent reporting requirements will Subchapter A— Board of Governors of the Board has concluded that a logical, fair, be subject to the approval of, the Bureau of Federal Reserve System and appropriate standard for determin­ the Budget in accordance with the Federal ing the designation and termination of P art 204—R eserves o f M em ber B a n k s Reports Act of 1942. reserve cities is one that is determined Adopted by the Board of Directors on standard for classification o f reserve by the ratio of interbank demand deposits December 17, 1947. CITIES held by member banks in each city to the aggregate amount of interbank de­ For a considerable period of time, the [ se al] E. D. B e r k a w , mand deposits held by all member banks Secretary. Board of Governors of the Federal Re­ serve System has been considering the of the Federal Reserve System, or by such Approved: December 19, 1947. adoption of a standard or basis for the a ratio considered in connection with the classification of central reserve and re­ ratio of interbank demand deposits held C l in t o n P. A nd e r so n , by member banks in each city to the ag­ Secretary of Agriculture. serve cities in order to enable it properly to discharge its responsibilities under the gregate amount of all demand deposits [F. R. Doc. 47-11314; Filed, Dec. 23, 1947; provision of the Federal Reserve Act held by the member banks in such city; 8:46 a. m.] and that such standard for the designa­ which empowers the Board to add to or tion and termination of reserve cities reclassify such cities or to terminate should be reapplied at three-year inter­ their designation as such. vals. For many years prior to the enactment P art 418—W h eat C rop I n su r a nc e In opposition to the discontinuance of of the Federal Reserve Act in 1913, na­ certain cities as reserve cities under the SUBPART— REGULATIONS FOR ANNUAL CON­ tional banks had been permitted by law TRACTS COVERING 1948 CROP YEAR (DOLLAR to carry a part of their reserves with Board’s proposal it was contended by the COVERAGE INSURANCE— SPRING WHEAT other national banks in cities known as representatives of member banks in such COUNTIES) central reserve or reserve cities, and ac­ cities that such discontinuance would ad­ versely affect the business of banks in Correction cordingly national banks in such cities were required to maintain higher re­ those cities, would detract from their In Federal Register Document No. 47- serves against their deposits. The Fed­ prestige, would not take into account 10961, appearing at page 8370 of the eral Reserve Act, following the National their geographical situation, or would de­ issue for Saturday, December 13, 1947, Bank Act in this respect, provided for prive them of certain advantages with paragraph (a) of § 418.2071 should differentials in the reserve requirements respect to deposits under applicable State read: “ (a) If the insured has or acquires of member banks of the Federal Reserve law. The Board feels that such objec­ any other insurance against substanti­ System according to their location in tions, while they may be important to ally all the risks that are insured against central reserve cities, reserve cities, or the banks involved, are not to be re­ by the Corporation under the contract, elsewhere. Central reserve and reserve garded as controlling factors in deter­ regardless of whether such other insur­ cities existing in 1913 were continued as mining whether cities should be classed ance is valid or collectible, the liability such by the Federal Reserve Act, but the as reserve cities in view of the purpose of the Corporation shall not be greater Board of Governors was given authority of such classifications. However, the than its share would be if the amount to make changes in the designations of Board recognizes the fact that certain of its obligations were divided equally such cities. From time to time since the cities now classified as reserve cities have between the Corporation and such other enactment of the Federal Reserve Act, held this status for many years, in some insurer.” the Board has designated cities as re­ instances since before the enactment of serve cities and terminated the reserve the Federal Reserve Act, and, since the city status of other cities. Such deter­ continuance of such cities as reserve cities would mean that member banks P art 419— C o t t o n C rop I n s u r a n c e R e g u ­ minations by the Board have been made on the basis of the facts of particular therein must carry higher reserves than l a t io n s FOR THE 1947 AND SUCCEEDING would be required of them if such cities C rop Y ears cases without the consistent application of any uniform guiding principle; and were discontinued as reserve Cities in REVOCATION OF REGULATIONS APPLICABLE TO consequently certain anomalous and il­ accordance with the standard indicated 1947 AND SUCCEEDING CROP YEARS logical situations have developed in the above, the Board is willing that such The Cotton Crop Insurance Regulations classifications of reserve cities. The cities be continued as reserve cities if all for the 1947 and Succeeding Crop Years Board, therefore, concluded that the the member banks in such, cities request (11 F. R. 8761, 9067,13576,13577, 12 F. R. existing classifications are unsatisfactory that this be done. 1073) are hereby revoked insofar as they and that there is a need for the estab­ In accordance with the conclusions purport to cover any crop year after the lishment of a logical, fair and appro­ reached above and pursuant to authority 1947 crop year. This revocation shall priate basis for the designatio \ arid ter­ conferred upon it by section 11 (e) of the not be deemed to revive the Cotton Crop mination of reserve cities. Federal Reserve Act and other provisions Insurance Regulations for the 1946 and On October 24, 1947, the Board, acting of that act, the Board hereby adopts the Succeeding Crop Years (10 F. R. 14355,11 in accordance with section 4 of the Ad­ rule set forth below, to become effective F. R. 1585, 6173) which were superseded ministrative Procedure Act and section March 1, 1948: by the Regulations hereby revoked. 2 of the .rules of procedure of the Board § 204.51 Classification of central re­ of Governors of the Federal Reserve Sys­ (Secs. 506 (e), 507 (c),-508, 509, and 516 serve and reserve cities— (a) Central re­ tem, published in the F ederal R egister serve cities. The cities of New York and (b), 52 Stat. 73-75, 77, as amended, Pub. (12 F. R. 6928) notice of a proposed ac­ Law 320, 80th Cong.; 835, 58 Stat. 918, 7 Chicago are hereby classified (and con­ tion with respect to the classification of tinued) as central reserve cities. U. S. C. and Sup. 1506 (e ), 1507 (c ), 1508, cities as reserve and central reserve cities 1509, 1516 (b). (b) Reserve cities. (1) The city of and the termination of the designation Washington, D. C., and every city except Adopted by the Board of Directors on of certain cities as reserve cities. This New York and Chicago in which there is December 17, 1947. notice stated that interested persons situated a Federal Reserve Bank or a might submit to the Board written data, [ s e a l] E. D. B e r k a w , branch of a Federal Reserve Bank are Secretary. views, and arguments with respect to the hereby classified (and continued) as re­ proposal, and accordingly a number of serve cities. Approved: December 19,1947. banks submitted letters expressing their (2) The following are also classified as C l in t o n P. A n d e r so n , views and comments. In addition, rep­ reserve cities: Secretary of Agriculture. resentatives of banks in a number of the (i) Every city in which, on the dates of official call reports of condition in the [F. R. Doc. 47-11315; Filed, Dec. 23, 1947; cities whose status would be affected by 8: 46 a. m.] the proposal appeared before the Board two years ended June 30, 1947, member Wednesday, Decem ber 24, 1947 FEDERAL REGISTER 8767 banks of the Federal Reserve System, ex­ cities of all other cities, except that th§ Interested persons have been afforded clusive of their offices in other cities, held Board will continue the designation as a an opportunity to participate in the an aggregate amount of demand depos­ reserve city of any city which then has making of this.amendment, and due con­ its owing to banks equal, on the average, the designation of a reserve city and does sideration has been given to all relevant to one-third of one per cent or more of not then fall within the scope of sub- matter presented.' Since this amend­ the aggregate amount of demand depos­ paragraph (1) or of subparagraph (2) of ment imposes no additional burden on its owing to banks by all member banks this paragraph based upon the new two- any person, it may be made effective on of the Federal Reserve System; and year period, if a request for the continu­ less than 30 days’ notice. (ii) Eveiy city in which, on the dates ance of such designation is made by every In consideration of the foregoing, the of official call reports of condition in the member bank (as specified in subpara­ Civil Aeronautics Board hereby amends two years ended June 30, 1947, member graph (3) of this paragraph) in such city Part 41 of the Civil Air Regulations (14 banks of the Federal Reserve System, ex­ and, together with a certified copy of a CFR, Part 41, as amended), effective clusive of their offices in other cities, held resolution of the bank’s board of directors December 31, 1947: By striking. from an aggregate amount of demand deposits authorizing such request, is received by § 41.26 (b i the words' “December 31, owing to banks equal, on the average, to the Federal Reserve Bank of the District 1947’’ and inserting in lieu thereof the one-fourth of one per cent or more of the not later than the 15th day of February words “December 31,1948.” aggregate amount of demand deposits of such third yeah owing to banks by all member banks of (Secs. 205 (a), 601, 603, 604, 52 Stat. 984, (Sec. 11 (c) (e), (i), 19, 38 Stat. 262, 270, the Federal Reserve System and also 1007, 1009, 1010; 49 U. S. C. 425 (a), 551, as amended, sec. 10, 40 Stat. 239, secs. 553, 554) equal, on the average, to 33 Va per cent or 324 (a), (b), 49 Stat. 714, sec. 2, 56 Stat. more of the aggregate amount of all de­ 648, sec. 2, 57 Stat. 65; 12 U. S. C. and By the Civil Aeronautics Board. mand deposits held by the member banks Sup. 248 (c), (e), (i), 461, 462, 462a-l, [ se al] m . C. M u l l ig a n , in such city. 462b, 465, 466) On the basis of subdivisions (i) and (ii) Secretary. of this subparagraph, the following cities, B oard of G overnors o f th e [F. R. Doc. 47-11272; Filed, Dea 23, 1947; in addition to the reserve cities classi­ F ederal R eserve S y s t e m , 8:50 a. m.] fied as such under subparagraph (1) of [ se al] S. R. C ar penter , this paragraph, are hereby classified (and Secretary. continued) as reserve cities: [F. R. Doc. 47-11277; Filed, Dec. 23, 1947; [Supplement 1] Columbus, Ohio; Des Moines, Iowa; In ­ 8:49 a. m.] dianapolis, Indiana; Milwaukee, Wisconsin; P art 43—G eneral O per atio n R u les St. Paul, Minnesota; Lincoln, Nebraska; Tulsa, Oklahoma; Wichita, Kansas; Fort TITLE 14— CIVIL AVIATION ANNUAL INSPECTION Worth, Texas; Cedar Rapids, Iowa; and Sioux City, Iowa; the following city is hereby added Chapter I— Civil Aeronautics Board The following specifications relating to and is hereby classified as a reserve city: the Code of Federal Regulations, Title [Civil Air Regs., Amdt. 41-15] National City (National Stock Yards), Illi­ 14, Chapter I, Part 43, § 43.22 (a) are nois; and the designation of the following P art 41— C ertification and O peratio n hereby adopted: cities as reserve cities is hereby terminated R u les for S cheduled A ir C arrier (unless the present classification of such § 43.22 Inspections— (a) Annual in­ O pe r a tio n s O u t sid e C o n t in e n t a l cities is continued in accordance with sub- spection. * * * paragraph (3) of this paragraph): Toledo, L im it s o f th e U n it e d S tates (CAA Specifications) Ohio; Dubuque, Iowa; Grand Rapids, Michi­ e x t e n s io n of t im e for certification i n gan; Peoria, Illinois; Kansas City, Kansas; TRANSPORT CATEGORY OF AIRCRAFT USED IN (à) The following procedure is prescribed Pueblo, Colorado; St. Joseph, Missouri; for annual inspections of aircraft, other than Topeka, Kansas; Galveston, Texas, Waco, SCHEDULED OVESEAS OR FOREIGN PASSENGER TRANSPORTATION air carrier aircraft coming within the pro­ Texas; Ogden Utah; and Spokane,* Washing­ vision of § 43.22 (c) : ton. Adopted by the Civil Aeronautics (1) The aircraft shall be given an inspec­ (3) The Board of Governors of the Board at its office in Washington, D. C., tion by an appropriately certificated me­ Federal Reserve System, prior to March on the 15th day of December 1947. chanic and certified as airworthy on an in­ 1,1948, will also designate (and continue) Section 41.26 (b) now requires that spection form prescribed by the Adminis­ as a reserve city any city now classified aircraft of United States registry used trator. as a reserve city (although not within the after December 31, 1947, in scheduled (2) A representative of the Administrator scope of subparagraphs (1) or (2) of this overseas or foreign passenger transporta­ must then determine if the aircraft complies paragraph) if a written request for the tion be certificated in accordance with with-all current airworthiness requirements. continuance of such city as a reserve airworthiness requirements of the trans­ Such representative may be either an in­ city is received by the Feaeral Reserve port category and meet the requirements spector employed by the Civil Aeronautics Bank of the District in which the city is of § 41.27 over each route to be flown. Administration or a Designated Aircraft located on or before February 16, 1948, This section would require recertification Maintenance Inspector. from every member bank which has its and extensive modification of most air­ (b) A Designated Aircraft Maintenance In­ head office or a branch in such city (ex­ craft used in such transportation after spector may conduct the required periodic clusive of any member bank in an outly­ December 31, 1947. inspection and at the same time complete the ing district of such city permitted by the The Board on November 3,1947, held a necessary inspection forms for annual in­ public hearing, in part, on the questions spection. Board of Governors to maintain reduced (c) The Certificate of Airworthiness fur­ reserves) together with a certified copy presented by this section and, after due consideration of the evidence there pre­ nished by the Administrator setting forth 6f a resolution of the board of directors the date of the annual inspection shall be of such member bank duly authorizing sented, has determined that the modifi­ prominently displayed in and affixed to the such request. , _ , cations required by the section, while aircraft by the representative, preferably in (4) Effective as of March 1 of each desirable, are not essential from a safety a rear window facing the outside of the third year after March 1,1948, the Board standpoint and would cause an undue aircraft and so located as not to unduly ° f Governors (i) will continue as reserve burden on air carriers of United States limit the pilot’s visibility. cities or designate as additional reserve registry at this time, due to the fact that cities all cities then falling within the the air carriers would be forced to with­ (52 Stat. 973-1030, 54 Stat. 1231-1235; scope of subparagraph (1) of this para­ draw from scheduled service for modifi­ 49 U. S. C. 401-680; 12 F. R. 7067) graph and all cities which then meet the cations aircraft, such as the DC-3, at a These specifications shall become ef­ time when equipment needs are critical standard prescribed in subparagraph (2) fective upon publication in the F ederal and.syitable replacements are not avail­ of this paragraph based upon official call R egister. able. Therefore, it is in the public in­ reports of condition in the two-year terest to extend the present certification [ s e a l] T . P . W r ig h t , period ending on June 30 of the year pre­ requirements for aircraft engaged in Administrator of Civil Aeronautics. ceding such third year; and (ii) will scheduled overseas and foreign passenger [F. R. Doc. 47-11253; Filed, Dec. 23, 1947; terminate the designation as reserve transportation for an additional year. 8:47 a. m.] 8768 RULES AND REGULATIONS

TITLE 17— COMMODITY AND nitions apply unless the context otherwise structions as to the authority to be con­ requires: ferred by the proxy. SECURITIES EXCHANGES * (a) Associate. The term “ associate” (c) Any solicitation by a person in re­ Chapter II— Securities and Exchange used to indicate a relationship with any spect of securities of which he is the person, means (1) any corporation or beneficial owner. Commission organization (other than the issuer or a (d) Any solicitation involved in the P art 240— G eneral R u l e s and R egula­ majority owned subsidiary of the issuer) offer or sale of a certificate of deposit or. t io n s , S ecur ities E xchange A ct o f 1934 of which such person is an officer or other security registered under the Se­ partner or is, directly or indirectly, the curities Act of 1933. SOLICITATIONS OF PROXIES beneficial owner of 10 percent or more of (e) Any solicitation with respect to a The Securities and Exchange Com­ any class of equity securities, (2) any plan of reorganization under Chapter X mission has heretofore duly published, trust or other estate in which such per­ of the Bankruptcy Act, as amended, if in the F ederal R egister notice of a son has a substantial beneficial interest or made after the entry of an order approv­ proposed revison of § 240.14 (Regula­ as to which such person serves as trustee ing such plan pursuant to section 174 of tion X-14) under the Securities Ex­ or in a similar fiduciary capacity, and (3) said act and after, or concurrently with, change Act of 1934. After due consid­ any relative or spouse of such person the transmitttal of information concern­ eration of all relevant matters presented having the same home as such person. ing such plan as required by section 175 in regard to the proposed revision, the (b) Issuer. The term “issuer” means of said act. Commission has determined that the the issuer of the securities in respect of (f ) Any solicitation which is subject to proposed action is necessary and appro­ which a proxy is solicited. Rule U-62 under the Public Utility Hold­ priate in the public interest and for the (c) Proxy. The term “proxy” includes ing Company Act of 1935. protection of investors and necessary to every proxy, consent or authorization (g) Any solicitation through the me­ carry out the provisions of the act. Ac­ within the meaning of section 14 (a) of dium of a newspaper advertisement cordingly, the Commission, acting pur­ the act." The consent or authorization which informs security holders of a suant to authority conferred upon it by may take the form of failure to object or source from which they may obtain cop­ the above mentioned act, particularly to dissent. ies of a proxy statement, form of proxy sections 14 (a) and 23 (a) thereof, (d) Proxy statement. T h e term and any other soliciting material and hereby adopts a revision of § 240.14 “ proxy statement” means the statement does no more than (1) name the issuer, (Regulation X-14) to read as set forth required by § 240.14a-3 (a), whether or (2) state the reason for the advertise­ below. not contained in a single document. ment, and (3) identify the proposal or The purpose of the revision of Regu­ (e) Solicitation. The term “solicita­ proposals to be acted upon by security lation X-14 is to clarify the provisions tion” includes (1) any request for a proxy holders. thereof in certain respects, to incor­ whether or not accompanied by or in­ § 240.14a-3 Information to he fur­ porate therein certain administrative in­ cluded in a form of proxy, (2) any request nished security holders, (a) No solici­ terpretations, to eliminate certain re­ to execute or not to execute, or to revoke, tation subject to §§ 240.14 to 240.14a-9, quirements and to amend the regula­ a proxy, or (3) the furnishing of a form inclusive, shall be made unless each per­ tion in certain other respects deemed of proxy to security holders under cir­ son solicited is concurrently furnished necessary in the public interest and for cumstances reasonably calculated to re­ or has previously been furnished with a the protection of investors. sult in the procurement of a proxy. The written proxy statement containing the In view of the fact that certain per­ term does not apply, however,, to the information specified in Schedule 14a. furnishing of a form of proxy to a secur­ sons have expressed a desire to comply (b) If the solicitation is made on be­ with the revised Regulation X-14 rather ity holder upon the unsolicited request of such security holder, the performance by half of the management of the issuer and than with Regulation X-14 as hereto­ relates to an annual meeting of security fore in effect, the foregoing action shall the issuer of acts required by § 240.14a-7, or the performance by any person of holders at which directors are to be become effective December 18, 1947. elected, each proxy statement furnished However, any solicitation commenced ministerial acts on behalf of a person soliciting a proxy. pursuant to paragraph (a) of this section prior .to February 15, 1948, may, at the shall be accompanied or preceded by an option of the persons on whose behalf it § 240.14a-2 Solicitations to which annual report to such security holders is made, be governed by Regulation X - §§ 240.14 to 240.14a-9 apply. Sections containing such financial statements for 14 as heretofore in effect. 240.14 to 240.14a-9, inclusive, apply to the last fiscal year as will, in the opinion By the Commission. every solicitation of a proxy with respect of the management, adequately reflect to securities listed and registered on a the financial position and operations of [ s e a l] O rval L. D u B o is , national securities exchange, except the the issuer. Such annual report, includ­ Secretary. following: ing financial statements may be in any D ecember 16, 1947. (a) Any solicitation made otherwise form deemed suitable by the manage­ Sec. than on behalf of the management of ment. This paragraph shall not apply, 240.14 Solicitation of proxies. the issuer where the total number of per­ however, to solicitations made on behalf 240.14a-l Definitions. sons solicited is not more than ten. of the management before the financial 240.14a-2 Solicitations to which §§ 240.14 to 240.14a-9 apply. (b) Any solicitation by a person in re­ statements are available if solicitation is 240.14a-3 Information to be furnished se­ spect of securities carried in his name or being made at the time in opposition to curity holders. in the name of his nominee (otherwise the management and if the manage­ 240.14a-4 Requirements as to form of proxy. than as voting trustee) or held in his ment’s proxy statement includes an un­ 240.14a-5 Presentation of information in custody, if such person: dertaking in bold face type to furnish proxy statement. (1) Receives no commission or remu­ such annual report to all persons being 240.14a-6 Material required to be filed. solicited, at least twenty days before the 240.14a-7 Mailing communications for se­ neration for such solicitation, directly or curity holders. indirectly, other than reimbursement of date of the meeting. 240.14a-8 Proposals of security holders. reasonable expenses, (c) Three copies of each annual re­ 240.14a-9 False or misleading statements. (2) Furnishes to the person solicited a port sent to security holders pursuant to A u t h o r i t y : §§240.14 to 240.14a-9, inclu­ copy of all soliciting material with re­ this section shall be mailed to the Com­ sive, issued under secs. 14 (a ), 23 (a ), 48 spect to the same subject matter or meet­ mission, solely for its information, not Stat. 895, 901; 15 U. S. C. 78n, 78w. ing received from all persons who shall later than the date on which such report is first sent or given to security holders § 240.14 Solicitation of proxies. furnish copies thereof for such purpose and who shall, if requested, defray the or the date on which preliminary copies § 240.14a-l Definitions. Unless the reasonable expenses to be incurred ir\ for­ of solicitation material are filed with the context otherwise requires, all terms used warding such material, and Commission pursuant to § 240.14a-6 (a), in this regulation have the same mean­ (3) In addition, does no more than whichever date is later. The annual re­ ings. as in the act or elsewhere in the instruct the person solicited to forward a port is not deemed to be “soliciting ma­ general rules and regulations and in the proxy to the person, if any, to whom the terial” or to be "filed” with the Commis­ forms for applications and reports there­ person solicited desires to give a proxy, sion or otherwise subject to § § 240.14 to under. In addition, the following defi­ or request from the person solicited in­ 240.14a-9, inclusive, or to the liabilities Wednesday, Decem ber 24, 1947 FEDERAL REGISTER 8769

of section 18 of the act, except to the ex­ person solicited in connection with the the Commission. All material filed pur­ tent that the issuer specifically requests same meeting or subject matter if a clear suant to paragraph (a ), (b) or (c) of this that it be treated as a part of the proxy reference is made to the place where such section shall be accompanied by a state­ soliciting material or incorporates it in information appears. ment of the date upon which copies the proxy statement by reference. (d) All printed proxy statements shall thereof are intended to be, or have been, § 240.14a-4 Requirements as to form of be set in type at least as legible as released to security holders. All mate­ proxy, (a) The form of proxy shall 10-point leaded type except that to the rial filed pursuant to paragraph (d) of 'identify clearly and impartially each extent necessary for convenient presen­ this section shall be accompanied by a matter or group of related matters which tation financial statements and tabular statement of the date upon which copies is intended to be acted upon, whether matter may be set in type at least as thereof are intended to be released to the proposed by the management or by se­ legible as 8-point leaded type. individuals who will make the actual curity holders. Means shall be provided § 240.14a-6 Material required to be solicitation. in the form of proxy Whereby the person filed, (a) Three preliminary copies of (f) Copies of replies to inquiries from solicited is afforded an opportunity *the proxy statement and form of proxy security holders requesting further infor­ to specify by ballot a choice between ap­ and any other soliciting material to be mation and copies of communications proval or disapproval of each such mat­ furnished to security holders concur­ which do no more than request that ter or group of related matters, other rently therewith shall be filed with the forms of proxy theretofore solicited be than elections to office. The proxy shall Commission at least ten days prior to signed and returned need not be filed provide that the shares represented the date definitive copies of such mate­ pursuant to this section. thereby will be voted in accordance with rial are first sent or given to security N o t e : Where preliminary copies of mate­ the specifications so made. holders, or such shorter period prior to rial are filed with the Commission pursuant (b) A proxy may confer discretionary that date as the Commission may au­ to this section, the printing of definitive authority with respect to matters as to thorize upon a showing of good cause copies for distribution to security holders which the person solicited does not make therefor. should be deferred until the comments of the Commission’s staff have been received the specification provided for above, if (b) Three preliminary copies of» any and considered. the form of proxy states in bold-face additional soliciting material, relating to type the bona fide intention as to the the same meeting or subject matter, fur­ § 240.14a-7 Mailing communications manner in which the shares represented nished to security holders subsequent to for security holders. If the management by the proxy will be voted if the ballot the proxy statement shall be filed with of the issuer has made or intends to is not marked. A proxy may also confer the Commission at least two days (ex­ make any solicitation subject to §§ 240.14 discretionary authority with respect to clusive of Saturdays, Sundays or holi­ to 240.14a-9, inclusive, the issuer shall matters which the persons on whose be­ days) prior to the date copies of such perform such of the following acts as half the solicitation is made are not material are first sent or given to security may be duly requested in writing with re­ aware will be presented for action at the holders, or such shorter period prior to spect to the same subject matter or meet­ meeting. No proxy shall confer author­ such date as the Commission may au­ ing by any security holder who is enti­ ity to vote for the election of any person thorize upon a showing of good cause tled to vote on such matter or to vote to any office for which a bona fide nomi­ therefor. at such meeting and who shall defray the nee is not named in the proxy statement. (c) Three definitive copies of the proxy reasonable expenses to be incurred by statement, form of proxy and all other the issuer in the performance of the act § 240.14a-5 Presentation of informa- or acts requested. tion in proxy statement, (a The infor­ soliciting material, in the form in which such material is furnished to security (a) The issuer shall mail or otherwise mation included in the proxy statement furnish to such security, holder the fol­ shall be clearly presented and the state­ holders, shall be filed with, or mailed for filing to, the Commission not later than lowing information as promptly as prac­ ments made shall be divided into groups ticable after the receipt of such request: according to subject matter and the vari­ the date such material is first sent or given to any security holders. Three (1) At statement of the approximate ous groups of statements shall be pre­ number of holders of record of any class ceded by approximate headings. The copies of such material shall at the same time be filed with, or mailed for filing to, of securities, any of the holders of which order of items and sub-items in the have been or are to be solicited on be­ schedule need not be followed. Where each national securities exchange upon which any security in respect of which half of the management, or any group of practicable and appropriate, the infor­ such holders which the security holder mation shall be presented in tabular the solicitation is made is listed and reg­ istered. shall designate. form. All amounts shall be stated in (2) If the management of the issuer figures. Information required by more (d) If the solicitation is to be made in whole or in part by personal solicitation, has made or intends to make, through than one applicable item need not be bankers, brokers or other persons any repeated. No statement need be made three copies of all written instructions or other material which discusses or re­ solicitation of the beneficial owners of in response to any item or sub-item securities of any class, a statement of which is inapplicable. views, or comments upon the merits of, any matter to be acted upon and which the approximate number of such bene­ (b) Any Information required to be in­ ficial owners, or any group of such own­ cluded in the proxy statement as to is furnished to the individuals making the actual solicitation for their use di­ ers which the security holder shall desig­ terms of securities or other subject mat­ nate. ter which from a standpoint of practical rectly or indirectly in connection with the solicitation shall be filed with the (3) An estimate of the cost of mailing necessity must be determined in thg fu­ a specified proxy statement, form of ture may be stated in terms of present Commission by the persons on whose be­ half the solicitation is made at least five proxy or other communication to such knowledge and intention. To the extent holders, including insofar as known or practicable, the authority to be conferred days prior to the date copies of such ma­ terial are first sent or given to such indi­ reasonably available, the estimated han­ concerning each such matter shall be dling and mailing costs of the bankers, confined within limits reasonably related viduals, or such shorter period prior to that date as the Commission may au­ brokers or other persons specifièd in sub- to the need for discretionary authority. paragraph (2) of this paragraph. Subject to the foregoing, information thorize upon a showing of good cause therefor. (b) Copies of any proxy statement, which is not known to the persons on form of proxy or other communication whose behalf the solicitation is to be (e) All copies of material filed pursu­ made and which it is not reasonably ant to paragraph (a) or (b) of this sec­ furnished by the security holder shall be within the power of such person to ascer­ tion shall be clearly marked “Prelim­ mailed by the issuer to such of the holders tain or procure may be omitted, if a brief inary Copies” and shall be for the infor­ of record specified in paragraph (a) (1) statement of the circumstances render­ mation of the Commission only, except of this section as the security holder shall ing such information unavailable is that such material may be disclosed to designate. The issuer shall also mail to made. any department or agency of the United each banker, broker or other person (c) There may be omitted from the States Government and the Commission specified in paragraph (a) (2) of this proxy statement any information con­ may make such inquiries or investigation section a sufficient number of copies of tained in any other proxy soliciting ma­ in regard to the material as may be nec­ such proxy statement, form of proxy Or terial which has been furnished to each essary for an adequate review thereof by other communication as will enable the 8770 RULES AND* REGULATIONS banker, broker or other person to furnish this section do not apply, either because used. If the solicitation is made by specially a copy thereof to each beneficial owner the proposed action is not a proper sub­ engaged employees of the issuer or other solicited or to be solicited through him. ject for action by the security holders paid solicitors, state (1) the material features of any contract or arrangement for such so­ Such material shall be mailed by the or because the management did not re­ licitations, (2) the cost or anticipated cost issuer with reasonable promptness after ceive the security holder’s material and thereof, and (3) the approximate number of receipt of a tender of the material to be notice of intention a reasonable time specially engaged employees of the issuer or mailed, of envelopes or other containers before the meeting, it shall file with the employees of any other person (naming such therefor and of postage or payment for Commission not later than the date pre­ other person) who will solicit proxies. postage, except that such material need liminary copies of the proxy statement Item 4. Interest of certain persons in mat­ not be mailed prior to the first day on and form of proxy are filed pursuant to ters to be acted upon. Describe briefly any which the solicitation is made on behalf § 240.14a-6 (a ), a copy of the proposal as substantial interest, direct or indirect, (by security holdings or otherwise) of each of of the management. Neither the man­ received from the security holder, to­ the following persons in any matter to be agement nor the issuer shall be respon­ gether with a statement of the reasons acted upon, other-than elections to office: sible for such proxy statement, form of why the foregoing provisions of the ru^e (a) If the solicitation is made on behalf proxy or other communication. are deemed not to apply. However, com­ of the management, each person Who has (c) in lieu of performing the acts spec­ pliance with this paragraph shall not be been a director or officer of the issuer at any ified above, the issuer may, at its option, construed as relieving the management time since the beginning of the last fiscal, furnish promptly to such security holder of its obligation to comply fully with the year. foregoing provisions of this section. (b ) If the solicitation is made otherwise a reasonably current list of the names than on behalf of the management, each per­ and addresses of such of the holders of § 240.14a-9 False or misleading state­ son on whose behalf the solicitation is made. record specified in paragraph (a) (1) of ments. No solicitation subject to §§ 240.- (c) Each nominee for election as a direc­ this section as the security holder shall 14 to 240.14a-9, inclusive, shall be made tor of the issuer. designate, and a list of the names and by means of any proxy statement, form (d) Each associate of the foregoing per­ addresses of such of the bankers, brokers sons. of proxy, notice of meeting, or other com­ (Item 4 does not apply to any interest aris­ or other persons specified in paragraph munication, written or oral, containing (a) (2) of this section as the. security ing solely by reason of a person’s being a any statement which, at the time and in director, officer or nominee fpr office, or to holder shall designate together with a the light of the circumstances under any interest arising from the ownership of statement of the approximate number of which it is* made, is false or misleading securities of the issuer where the matter to beneficial owners solicited or to be so­ with respect to any material fact, or be acted upon is a stock split up or an in­ licited through each such banker, broker crease or decrease in the amount of author­ which omits to state any material fact or other persons, if such schedule has ized securities, otherwise than for issuance necessary in order to make the state­ to the persons Specified, through options, been supplied to the management of the ments therein not false or misleading or issuer. The foregoing information shall warrants or rights, or otherwise.) necessary to correct any statement in be furnished promptly upon the request Item 5. Voting securities and principal any earlier communication with respect holders thereof, (a) State as to each class of of the security holder or at daily or other to the solicitation of a proxy for the same voting securities of the issuer entitled to be reasonable intervals as it becomes avail­ voted at the meeting, the number of shares able to the management of the issuer. meeting or subject matter which has be­ come false or misleading. outstanding and the number of votes to § 240.14a-8 Proposals of security which each class is entitled. S c h e d u l e 14A— I n f o r m a t io n R e q u ir e d i n (b ) Give the date as of which the record holders, (a) Tf any security holder en­ P r o x y S t a t e m e n t of security holders entitled to vote at the titled to vote at a meeting of security meeting will be determined. If the right to holders of the issuer shall submit to the N o t e : Where any item calls for informa­ tion with respect to any matter to be acted vote is not limited to security holders of management of the issuer a reasonable upon and such matter involves other matters record on that date, indicate the conditions time before such meeting a proposal with respect to which information is called under which other security holders may be which is a proper subject for action by for by other items of this schedule, the in­ entitled to vote. the security holders and which is ac­ formation called for by all applicable items (c) If action is to be taken with respect to the election of directors and if the per­ companied by notice of his intention to shall be given. For example, if action is to be taken with respect to any merger, con­ sons solicited have cumulative voting rights, present the proposal for action at the make a statement that they have such rights meeting, the management shall set forth solidation or acquisition, specified in Item 14 which involves the election of directors, Items and state briefly the conditions precedent to the proposal in its proxy statement and 6 and 7 shall also be answered. the exercise thereof. shall identify the proposal in its form (d) If to the knowledge of persons on of proxy and provide means by which Item 1. Revocability of proxy. State whose behalf the solicitation is made, any security holders can make the specifica­ whether or not the person giving the proxy person owns of record or beneficially more hâs the power to revoke it. If it is asserted than 10 percent of the outstanding voting tion provided for by § 240.14a-4r (a ). A that the right of revocation before the proxy securities of the issuer, name such person, proposal so submitted with respect to an is exercised is limited, outline the limitation state the approximate amount of such se­ annual meeting more than 30 days in and state the basis for such assertion. curities owned of record but not owned bene­ advance of a day corresponding to the Item 2. Dissenters’ right of appraisal. Out­ ficially and the approximate amount owned date on which proxy soliciting material line briefly the rights of appraisal or similar beneficially by such person and the percent­ was released to security holders in con­ rights of dissenters with respect to any age of outstanding voting securities repre­ matter to be acted upon and indicate any nection with the last annual meeting of sented by the amount of securities so owned statutory procedure required to be followed in each such manner. security holders shall prima facie be by dissenting security holders in order to Item 6. Nominees for election as directors. deemed to have been submitted a reason­ perfect such rights. Where such rights may (a) If action is to be taken with respect to able time before the meeting. This rule be exercised only within a limited time after the election of directors, name the persons does not apply, however, to elections to the date of the adoption of a proposal, the nominated for election as directors and the filing of a charter amendment or other sim­ office. term of office for which they are candidates. (b) If the management opposes the ilar act, state whether the person solicited will be notified of such date. (b ) If any such nominee is proposed to be proposal, it shall also, at the request of Item 3. Persons making the solicitation. elected pursuant to any arrangement or the security holder, include in its proxy (a ) If the solicitation is made on behalf of understanding between the nominee and any statement the name and address of the the management of the issuer, so state. Give other person or persons, except the directors security holder and a statement of the the name of any director of the issuer who and officers of the issuer acting solely in that security holder setting forth, in not more has informed the management in writing capacity, name such other person or persons than one-hundred words, the reasons that he intends to oppose any action intended and described briefly such arrangement or advanced by him in support of the pro­ to be taken by the management and indicate understanding. posal. Such statement and request shall the action which he intends to oppose. (c) Furnish, in tabular form to the extent (b ) If the solicitation is made otherwise be furnished to the management at the practicable, the following information with than on behalf of the management of the respect ■fo '6ach person nominated for elec­ same time that the proposal is furnished issuer, give the names of the persons on whose behalf it is made. tion as a director: to it. Neither the management nor the (1) State the principal occupation or em­ issuer shall be responsible for such (c) State the names of the persons by whom the cost of the solicitation has been ployment of such nominee and the name and statement. or wiU be borne, directly or indirectly. principal business of any corporation or other (c) If in any case the management (d ) If the solicitation is made otherwise organization in which such employment is asserts that the foregoing provisions of than by use of the malls, state the methods carried on. Wednesday, Decem ber 24, 1947 FEDERAL REGISTER 8771

(2) If the nominee is or has previously (2) State the amount paid or set aside by (1) Each affiliate (other than majority- been a director of the issuer, state the period the issuer and its subsidiaries for the benefit owned subsidiaries) of the issuer; or periods during which he has served as of such director, nominee, or officer, pursu­ (2) Each voting trustee of any securities of such. ant to each pension or retirement plan of the issuer; (3) State, as of the most recent practicable the issuer and its subsidiaries. Give the (3) Each security holder named in re­ date, the approximate amount of each class amount of the annual benefits estimated to sponse to Item 5 (d ), and of securities of the issuer beneficially owned, be payable to such director, nominee or (4) Each associate of any such voting directly or indirectly, by such nominee. If officer in the event of retirement at normal trustee or security holder, or of any director tiie nominee is not the beneficial owner of retirement date. Except as to persons whose or nominee for election as a director of the any securities of the issuer, make a state­ retirement benefits have already vested, the issuer, or of any officer specified in paragraph ment to-that effect. benefits estimated to be payable upon retire­ (b ) above. (4) If more than 10 percent of any class ment may be given in a table showing the Item 8. Selection of auditors. If action-is of securities of the issuer are beneficially annual benefits payable to persons in speci­ to be taken with respect to the selection of owned by such nominee and his associates, fied salary classifications. auditors, or if it is proposed that particular state the approximate amount of each class (c) Describe all transactions since the auditors shall be recommended for selection of such securities beneficially owned by such beginning of the last fiscal year of the issuer by any committee to select auditors for whom associates naming each associate whose hold­ in which any person who was a director, or votes are to be cast, name the auditors and ings are substantial. officer of the issuer at any time during such describe briefly any material relationship of (d) Describe briefly the business experi­ period, or who is a nominee for election as such auditors or any of their associates with ence of such nominee during the last five a director, received remuneration, directly or the issuer or any of its affiliates. years, unless such nominee is now a director indirectly, from the issuer and its subsidiaries •Item 9. Bonus, profit sharing and other re­ and was elected to his present term of office in the form of securities, options, warrants, muneration plans. If action is to be taken by a vote of security holders at a meeting for rights or other property, or through the ex­ with respect to any bonus, profit sharing or which proxies were solicited under Regula­ ercise or disposition thereof. As to options, other remuneration plan, furnish the follow­ tion X-14. warrants or rights granted or extended, give ing information: Item 7. Remuneration and other transac­ (1) the title and amount of securities called (a ) Describe briefly the material features tions with directors, nominees, officers and for; (2) the prices, expiration dates and other of the plan, identify each class of persons who Furnish the information called for others. material provisions; (3) the consideration will participate therein, indicate the approxi­ by this ]£em if action is to be taken with received for the granting thereof, and (4) the mate number of persons in each such class respect to (i) the election of directors, (ii) market value of the securities called for on and state the basis of such participation. any bonus, profit-sharing, or other remuner­ the granting or extension date. As to op­ (b) State separately the amounts which ation plan in which any director, nominee tions, warrants or rights exercised, state (1) would have been distributable under the plan for election as a director, or officer of the the title and amount of securities purchased; during the last fiscal year of the issuer (1) issuer, will participate, (iii) any pension or (2) the purchase price, and (3) the market to directors and officers and (2) to employees retirement plan in which any such person value of the securities purchased on the date if the plan had been in effect. will participate, or (iv) the granting or ex­ of purchase. (c) State the name and position with the tension to any such person of any options, (Paragraph (c) does not apply to warrants issuer of each person specified in Item 7 (b ), warrants or rights to purchase securities of or rights Issued to security holders as such who will participate in the plan and the the issuer or any subsidiary, other than war­ on a pro rate basis.) amount which each such person would have rants or rights issued or to be issued to (d) State as to each person who has been received under the plan for the last fiscal year security holders, as such, on a pro rata basis. a director or officer of the issuer at any time of the issuer if the plan had been in effect. If the solicitation is made on behalf of the since the, beginning of the last fiscal year of (d) State separately the amounts paid or management of the issuer, the entire item the issuer, or who is a nominee for election set aside for the benefit of (1) directors and is to be answered. In the case of solicitations as a director, and who was indebted to the officers and (2) employees during the last on behalf of persons other than the man­ Issuer or its subsidiaries during that period, fiscal year of the Issuer under any other agement, the information required by para­ (1) the largest aggregate amount of 6uch bonus, profit sharing, pension or retirement graph (a) may be omitted, and the infor­ plan of the issuer or its subsidiaries, the gen­ mation required by the remaining paragraphs indebtedness outstanding at any time during such period, (2) the nature of the indebted­ eral nature of such other plan, and the need be furnished only as to nominees for amount distributed or set aside thereunder election as directors and as to their associates. ness, (3) the amount thereof outstanding as to or for each person specified in Item 7 (b ) The information shall be furnished in tabu­ of the latest practicable date, and (4) the lar form insofar as practicable and on an rate of interest paid or charged thereon. who will participate in the plan to be acted accrual basis if practicable. (Paragraph (d ) does not apply to indebted­ upon. (a) Give the following information in tab­ ness arising from transactions in the ordi­ (e) If the plan to be acted upon can be ular form as to the aggregate amounts paid nary course of business, or to any person amended otherwise than by a vote of stock­ or set aside, directly or indirectly, by the whose aggregate indebtedness did not ex­ holders, to Increase the cost thereof to the issuer and its subsidiaries to or for the benefit ceed $1,000 at any time during the period issuer or to alter the allocation of the bene­ of all persons, as a group, who were directors specified.) fits as between the groups specified in (b ), or officers of the issuer at any time during (e) Describe briefly any material interest, state the nature of the amendments which the last fiscal year of the issuer: direct or indirect, of any of the following can be so made. persons in any significant transactions since If (1) Fees and salaries of directors and offi­ Item 10. Pension and retirement plans. cers as such. the beginning of the last fiscal year of the action is to be taken with respect to any Issuer, or in any significant proposed trans­ pension or retirement plan, furnish the fol­ (2) Bonuses and shares in profits paid to actions, to which the issuer or any subsidiary lowing Information: directors and officers. and any one or more of such persons were or (3) Pension, retirement or other similar (a) Describe briefly the material features are to be parties: (1) any person who has of the plan, identify each class of persons payments for the benefit of directors and officers. been a director or officer of the issuer at any who will be entitled to participate therein, time during that period, (2) any nominee for indicate the approximate number of persons If any of the above amounts exceeded by election as a director, or (3) any associate in each such class and state the basis of such more than 10 percent the corresponding of any such director, officer or nominee. If participation. amount for the previous year, state the any such transaction involved or is to in­ (b) State the estimated annual payments amount of such excess. volve the purchase or sale of property by or to be made by the issuer and its subsidiaries (b) Furnish the following information for to the issuer or any subsidiary, otherwise pursuant to the plan with respect to (1) the last fiscal year of the issuer with respect than in the ordinary course of business, state past services and (2) future services. State to each of the following persons whose aggre­ the cost of the property to the purchaser, and separately the amounts of each such payment gate remuneration from the issuer and its the cost thereof to the seller if acquired by which will be made for the benefit of (i) di­ subsidiaries exceeded $20,000, exclusive of the seller within two years prior to the rectors and officers .and (ii) employees. amounts paid or set aside pursuant to any transaction. (c) State the name and position with the pension or retirement plan: (i) each person (Paragraph (e) does not apply to any inter­ issuer of each person specified in Item 7 (b ) who was a director of the issuer at any time est arising solely by reason of a person’s who will be entitled to participate In the during such fiscal year, (ii) each nominee being a director, nominee for election as a plan, the amount which would have been for election as a director, (ill) each person paid or set aside by the issuer and its sub­ director, or officer of the issuer or to any who was one of the three highest-paid offi­ sidiaries for the benefit of such person for interest arising from the ownership of securi­ cers of the issuer during such fiscal year, the last fiscal year of the Issuer if the plan naming each such person: ties of the issuer.) had been in effect, and the amount of the (1) State the aggregate remuneration re­ (f ) Name each of the following persons annual benefits estimated to be payable to ceived by such director, nominee or officer whose aggregate remuneration from the such person in the event of retirement at from the issuer and its subsidiaries directly issuer and its subsidiaries for services during normal retirement date. or indirectly. If the amount received exceeds the last fiscal year exceeded $20,000 and state (d) State separately the amounts paid or by more than 10 percent the total amount of the aggregate amount of remuneration re­ set aside /or the benefit of (1) directors and his remuneration for the previous fiscal year, ceived by each suGh person and the capacity officers and (2) employees during the last state the amount of such excg>s. in which it was received: fiscal year of the issuer under any other No. 250------6 8772 RULES AND REGULATIONS bonus, profit sharing, pension or retirement (b ) Describe any material differences be­ Item 15. Financial statements, (a) If plan of the issuer or its subsidiaries, the tween the outstanding securities and the a'ction is to be taken with respect to any general nature of such other plan, and the modified or new securities in respect of any matter specified in Item 12, 13, or 14 above, amount distributed or set aside thereunder of the matters concerning which informa­ furnish certified financial statements of the to or for each person specified in Item 7 (b ) tion would be required in the description issuer and its subsidiaries such as would cur­ who will participate in the plan to be acted of the securities in an application on the rently be required in an original application upon. appropriate form for their registration on for the registration of securities of the issuer (e) If the plan to be acted upon can be a national securities exchange. under the act. All schedules other than the amended otherwise than by a vote of stock­ (c) State the reasons for the proposed schedules of supplementary profit and loss holders to increase the cost thereof to the modification or exchange, the general effect information may be omitted. issuer or alter the allocation of the benefits thereof upon the rights of existing security (b) If action is to be taken with respect as between the groups specified in (b ), state holders, and the vote needed for approval. to any matter specified in Item 14 ( b ) , fur­ the nature of the amendments which can be (d ) Furnish a brief statement as to arrears nish financial statements such as would cur­ so made. in dividends or as to defaults in principal or rently be required in an original application Item 11. Options, warrants, or rights. If interest in respect of the outstanding secu­ by any person specified therein for registra­ action is to be tiaken with respect to the rities which are to be modified or exchanged tion of securities under the act. Such state­ granting or extension of any options, war­ and such other information as may be ap­ ments need not be certified and all schedules rants or rights to purchase securities of the propriate in the particular cas,e to disclose other than the schedules of supplementary issuer or any subsidiary, furnish the follow­ adequately the nature and effect of the pro­ profit and loss information may be omitted. ing information: posed action. However, such statements may be omitted (a ) The title and amount of the securities (e) Outline briefly any other material for (i) a totally-held subsidiary of the issuer to be called for by such options, warrants or features of the proposed modification or which is included in the consolidated state­ exchange. If the plan of proposed action rights. ment of the issuer and its subsidiaries, or (ii) (b ) A brief outline of the prices, expira­ is set forth in a written document, file copies a person which is to succeed to the issuer tion dates and other material conditions thereof with the Commission in accordance or to the issuer and one or more of its totally- upon which the options, warrants or rights with § 240.14a-6. held subsidiaries under such circumstances may be exercised. Item 14. Mergers, consolidations, acquisi­ that Form 8-B would be appropriate fpr (c) The consideration to be received by the tions and similar matters. Furnish the fol­ registration of securities of such person issuer or subsidiary for the granting or ex­ lowing information if action is to be taken issued in exchange for listed securities of tension of the options, warrants or rights. with respect to any plan for (i) the merger the issuer. (d ) The market value of the securities or consolidation of the issuer into or with (c) Notwithstanding paragraphs (a) and called for by the options, warrants or rights any other person or of any other person into (b ) above, any or all of such financial state­ or with the issuer, (ii) the acquisition by as of the latest practicable date. ments which are not material for the ex­ (e) State the name of each director, nomi­ the issuer or any of its security holders of ercise of prudent judgment in regard to the nee for election as a director, or officer of the securities of another issuer, (iii) the acqui­ matter to be acted upon may be omitted if issuer, or any associate of such person who is sition by the issuer of any other going busi­ the reasons for such omission are stated. to receive any of such, options, warrants or ness or of the assets thereof, (iv) the sale Such financial statements are deemed ma­ rights and the amount called for by the or other transfer of all or any substantial terial to the exercise of prudent Judgment in options, warrants or rights to be received by part of the assets of the issuer, or (v) the the usual case involving the authorization each such person. State also the name and liquidation or dissolution of the issuer: or issuance of any material amount of senior address of any other person who is to receive (a ) Outline briefly the material features securities, but are not deemed material in * options, warrants or rights calling for five of the plan. State the reasons therefor, the cases involving the authorization or issuance general effect thereof upon the rights of percent or more of the amount subject to of common stock, otherwise than In ex­ such options, warrants or rights and the existing security holders, and the vote change. amount called for by the options, warrants needed for its approval. If the plan is set (d ) The proxy statement may incorporate or rights to be received by each such person. forth in a written document, file copies by reference any financial statements con­ (Paragraph (e) does not apply to warrants thereof with the Commission in accordance tained in an annual report sent to security with § 240.14a-6. or rights to be issued to security holders as holders pursuant to § 240.14a-3 with respect (b) Furnish the following information as such on a pro rata basis.) to the same meeting as that to which the Item 12. Authorization or issuance of se­ to each person (other than totally held sub­ proxy statement relates, provided such curities otherwise than in exchange. If ac­ sidiaries of the issuer) which is to be merged financial statements substantially meet the tion is to be taken with respect to the issu­ into the issuer or into or with which the requirements of this item. ance or authorization for issuance of any issuer is to be merged or consolidated or the Item 16. Acquisition or disposition of business or assets of which are to be acquired securities, otherwise than in exchange for property. If action is to be taken with respect outstanding securities of the issuer, furnish or which is the issuer of securities to be ac­ to the acquisition or disposition of any prop­ quired by the issuer in exchange for all or a the following information: erty, furnished the following information: (a ) State the titre and the amount of se­ substantial part of its assets or to be ac­ (a ) Describe briefly the general character curities to be authorized or issued. quired by security holders of the issuer. and location of the property. (b ) Furnish a description of the securities (1) Describe briefly the business of such (b ) State the nature and amount of con­ person. Information is to be given regarding such as would be required to be furnished sideration to be paid or received by the issuer in an application on the appropriate form pertinent matters such as the nature of the or any subsidiary. To the extent practicable, for their registration on a national securities products or services, methods of production, outline briefly the facts bearing upon the markets, methods of distribution and the exchange. question of the fairness of the consideration. . (c) Describe briefly the transaction in sources and supply of raw materials. (c) State the name and address of the which the securities are to be issued, includ­ (2) State the location and describe the transferor or transferee, as the case may be, ing a statement as to (1) the nature and general character of the plants and other and the nature of any material relationship approximate amount of consideration re­ important physical properties of such person. of such person to the issuer or any affiliate ceived or to be received by the issuer, and The description is to be given from an eco­ of the issuer. (2) the approximate amount devoted to each nomic and business standpoint, as distin­ (d ) Outline briefly any other material fea­ purpose, so far as determinable, for which guished from a legal standpoint. tures of the contract or transaction. the net proceeds have been or are to be used. (3) Furnish a brief statement as to divi­ Item 17. Restatement of accounts. If ac­ (d ) If the securities are to be issued other­ dends in arrears or defaults in principal or tion is to be taken with respect to the re­ wise than in a general public offering for Interest in respect of any securities of the statement of any asset, capital, or surplus cash, state the reasons for the proposed au­ issuer or of such person, and as to the effect account of the issuer, furnish the following thorization or issuance, the general effect of the plan thereon and such other informa­ information: thereof upon the rights of existing security tion as may be appropriate in the particular (a) State the nature of the restatement holders, and the vote needed for approval. case to disclose adequately the nature and and the date as of which it is to be effective. Item 13. Modification or exchange of se­ effect of the proposed action. (b ) Outline briefly the reasons for the re­ curities. If action is to §e taken with respect (c) As to each class of securities of the statement and for the selection of the par­ to the modification of any class of securities issuer, or of any person specified in para­ ticular effective date. of the issuer, or the issuance or authoriza­ graph (b), which is admitted to dealing on (c) State the name and amount of each tion for issuance of securities of the issuer a national securities exchange or with re­ account (including any reserve accounts) af­ In exchange for outstanding securities of the spect to which a market otherwise exists, fected by the restatement and the effect oi issuer, furnish the following information: and which will be materially affected by the the statement thereon. (a) If outstanding securities are to be plan, state the high and low sale prices (or, (d ) To the extent practicable, state wheth­ modified, state the title and amount thereof. in the absence of trading in a particular pe­ er and the extent, if any, to which, the re­ If securities are to be issued in exchange for riod, the range of the bid and asked prices) statement will, as of the date thereof, arte outstanding securities, state the title and for each quarterly period within two years. the amount available for distribution to the amount of securities to be so issued, the title This information may be omitted if the plan holders of equity securities. and amount of outstanding securities to be Item 18. Action with respect to reports. exchanged therefor and the basis of the , involves merely the liquidation or dissolu­ If action is**io be taken with respect to any exchange. tion of the issuer. Wednesday, Decem ber 24, 1947 FEDERAL REGISTER 8773 report of the issuer or of its directors, officers insulin industry will benefit by the (Sec. 1, 48 Stat. 1246, as amended; 12 or committees or any minutes of meetings of earliest effective date, and I so find. U. S. C. and Sup., 1702) its stockholders, furnish the following infor­ Notice and public procedure are not mation : [SEAL] R . WlNTON ELLIOTT, (a) State whether or not such action is to necessary prerequisites to the promulga­ Assistant Commissioner. constitute approval or disapproval of any of tion of this order and would be contrary D ecember 15, 1947. the matters referred to in such reports or to public interest and I so find, since it minutes. was drawn in collaboration with inter­ [F. R. Doc. 47-11278; Filed, Dec. 23, 1947; (b) Identify each of*such matters which ested members of the affected industry 8:56 a. m.] it is intended will be approved or dis­ and since it would be against public inter­ approved, and furnish the information re­ est to delay revocation of the present quired by the appropriate item or items of TITLE 33— NAVIGATION AND this schedule with respect to each such condition that certificates shall in no case matter. remain effective with respect to any NAVIGABLE WATERS Item 19. Matters not required to be sub­ package more than 12 months after re­ mitted. If action is to be taken with respect moval from the required refrigerated Chapter I— Coast Guard, Department to any matter which is not required to be storage, thus making the effective period of the Treasury submitted to a vote of security holders, state of certification of batches of protamine [CGFR 47-60] the nature of such matter, the reasons for zinc insulin and globin insulin (with submitting it to a vote of security holders, zinc) 18 months from the time the im­ P art 1— G eneral O rganization and the general effect of such submission and the effect of a negative vote on the matter. mediate container thereof was filled J urisdiction without regard to the time of removal Item 20. Amendment of charter, by-laws f ie ld organization : establishment of from such storage. or other documents. If action is to be taken CORPUS CHRISTI MARINE INSPECTION with respect to any amendment of the issuer’s OFFICE charter, by-laws or other documents as to (Sec. 3, 55 Stat. 851; 21 U. S. C. Sup. which information is not required above, 356) By virtue of the authority vested in me state briefly the reasons for and general effect Dated: December 18, 1947. by R. S. 4462, as amended (46 U. S. C. of such amendment and the vote needed for 416), the act of April 30, 1940 (54 Stat. its approval. [ seal] O scar R. E w i n g , 169; 46 U. S. C. 382c), and section 101 Item 21. Other proposed action. If action Administrator. is to be taken with respect to any matter not of Reorganization Plan No. 3 of 1946 specifically referred to above, describe briefly [F. R. Doc. 47-11294; Filed, Dec. 23, 1947; (11 F. R. 7875), the following amend­ the substance of each such matter in sub­ 8:58 a. m.] ment to the regulations is prescribed and stantially the same degree of detail as is shall become effective on and after date required by Items 5 to 20, inclusive, above. of publication of this document in the [F. R. Doc. 47-11285; Filed, Dec. 23, 1947; TITLE 22— FOREIGN RELATIONS F ederal R egister : 8:49 a. m.] Chapter I— Department of State Section 1.10-20 Marine inspection districts and offices (11 F. R. 177A-76) is [Departmental Reg. 108.62] amended by adding, in the table at the TITLE 21— FOOD AND DRUGS P art 401—R e lie f A ssistan c e to W ar- end of paragraph (a), the name “ Cor­ D evastated C o u n t r ie s pus Christi” and its address “ 919 Jones Chapter I— Food and Drug Adminis­ Building, Corpus Christi, Texas” to fol­ tration, Federal Security Agency subpart b— regulations o f t h e secretary low after ,,the listing of the Galveston OF STATE Marine Inspection Office in the 8th Coast P art 144—C ertification o f B atches of Pursuant to the authority contained Guard District. D rugs C om posed W h o l l y or P a r tly of in R. S. 161 (5 U. S. C. 22), and in con­ I n s u l in formity with Executive Order 9864 of (Sec. 3, 60 Stat. 238; 5 U. S. C. Sup. 1002) miscellaneous am e nd m e n ts May 31, 1947 (12 F. R. 3559), Part 99 of Dated: December 18, 1947. Title 22 of the Code of Federal Regula­ By virtue of the authority vested in the J. F. F a r l e y , tions is hereby renumbered 401, and, cor­ the Federal Security Administrator by Admiral, U. S. Coast Guard, respondingly, §§ 99.1 and 99.2 are hereby provisions of section 506 of the Federal Comfnandant. renumbered 401.100 and 401.101 respec­ Food, Drug, and Cosmetic Act (52 Stat. tively. [F. R. Doc. 47-11273; Filed, Dec. 23, 1947; 1040, 1055, as amended by 55 Stat. 851; This regulation shall become effective 8:50 a. m.] 21 U. S. C. and Sup., Chap. 9), the reg­ immediately upon publication in the ulations for the certification of batches F ederal R egister. of drugs composed wholly or partly of TITLE 47— TELECOMMUNI­ insulin, as amended, are hereby further Approved: December 19, 1947. CATION amended as indicated below: For the Secretary of State. 1. Section 144.4 (b) (2) (12 F. R. 2228) Chapter I— Federal Communications is amended to read: J o h n E. P e u r if o y , Assistant Secretary of State. Commission (2) With respect to any package of protamine zinc insulin, 18 months after [F. R. Doc. 47-11274; Filed, Dec. 23, 1947; P art 8— S h ip S ervice 8:50 a. m.] the immediate container therein was P art 13— C om m ercial R adio O perators filled; MISCELLANEOUS AMENDMENTS 2. Section 144.4 (b) (3) (12 F. R. 2228) TITLE 24— HOUSING CREDIT In the matter of amendment of Parts is amended to read : » Chapter V— Federal Housing 8 and 13 of the Commission’s rules and (3) With respect to any package of Administration regulations governing the ship service globin insulin (%ith zinc), 18 months and commercial radio operators, respec­ after the immediate container therein P art 500— G eneral tively. was filled; At a session of the Federal Communi­ FIELD ORGANIZATION cations Commission held at its offices in This order, which revokes the provi­ Section 500.22 Field organization, Washington, D. C. on the 15th day of sion that certification of batches of pro­ paragraph (b), subparagraph (5) Loca­ December 1947; tamine zinc insulin and globin insulin tions (11 F. R. 177A-886) is amended, The Commission, having adopted, ef­ (with zinc) shall be effective for not more effective December 15, 1947, by: fective December 10, 1947, rules which than 12 months after these products have 1. Opposite the State of Louisiana, in provide for the licensing of ship radar been removed from the storage required the column headed City, and directly be­ stations on a regular basis in the Ship by § 144.2 ( i ) , and provides that certifica­ low “New Orleans” adding “ Shreveport1” Service, and having under consideration tion of these products shall be effective and, on the same horizonal line, in the the matter of providing further rules for 18 months aftér the immediate con­ column headed Address, adding “Bossier governing operator license requirements tainer therein was filled, shall become City Bank and Trust Company, Bossier for ship radar stations so licensed; and effective upon publication in the F ederal City” ; and in the column headed Juris­ It appearing, that the rule making pro­ R egister since both the public and the diction, adding “ (SeeNew Orleans).” cedures provided by the Administrative 8774 RULES AND REGULATIONS

Procedure Act which the Commission this Commission in order to operate ship the colon in the first paragraph of this wishes to employ in formulating and radar stations licensed by this Commis­ section to read as follows: adopting permanent rules governing op­ sion in the Ship Service; Provided, That •» For temporary authority granted holders erator license requirements as aforesaid this waiver shall extend only to the nor­ of valid first and second class operator li­ will require a period of indefinite dura­ mal operation of such radar stations on censes, either radiotelephone or radiotele­ tion estimated at not less than six weeks board ship and shall not be construed to graph, to perform adjustments, servicing and after issuance and publication of a notice permit unlicensed personnel to make any maintenance of ship radar stations licensed of proposed rule making; and adjustments or to do any servicing or in the Ship Service, see footnote 71, § 8.195, It further appearing, that pending the maintenance that may affect the proper of the Commission’s Rules Governing Ship Service. final adoption and effectiveness of per­ operation of the station; Provided fur­ manent rules governing operator license ther, That this waiver shall not be con­ (Secs. 303 ( f ), , (1), 318, 48 Stat. 1082, requirements as aforesaid, it is imme­ strued to affect in any way the responsi­ 1089, sec. 6, 50 Stat. 191; 47 U. S. C. 303 diately necessary to provide temporary bility of the station licensee for the (f), (g), (1), (r), 318) proper operation of the station; And pro­ rules governing operator license require­ Released: December 16,1947. ments for ship radar stations licensed in vided further, That the waiver herein or­ the Ship Service, and that since the need dered may, in the discretion of the Com­ [ s e a l ] T . J. S l o w i e , is immediate and the rules in question mission and without advance notice or Secretary. are only temporary it is impracticable hearing, be changed or cancelled by order [F. R. Doc. 47-11286; Filed, Dec. 23, 1947; to employ the public notice and pro­ of the Commission, and shall in no event 8:56 a. m.] cedure for rule making as provided by extend beyond the effective date of per­ section 4 (a) of the Administrative Pro­ manent rules adopted by the Commission cedure Act and for the same reasons and governing operator license requirements TITLE 49— TRANSPORTATION because the rules in question will relieve for ship radar stations licensed in the existing restrictions as hereinafter indi­ Ship Service, or beyond March 15, 1948, AND RAILROADS cated, such rules should be made effec­ whichever is earlier. Chapter I— Interstate Commerce tive immediately rather than after the It is further ordered, That Parts 8 and Commission waiting period of thirty days as provided 13 of the Commission’s Rules Governing by section 4 (c) of the Administrative Ship Service and Commercial Radio Op­ [S. O. 68, Arndt. 17] Procedure Act; and erators, respectively, are hereby, effec­ P ar t 95—C ar S er v ic e It further appearing, that under the tive immediately amended as follows: provisions of section 318 of the Com­ (1) The footnote designation appear­ SUSPENSION OF FOLLOW-LOT RULE AND TWO- munications Act of 1934, as amended, ing in § 8.192 and the designation of the FOR-ONE RULE; EXPIRATION DATE ship radar .stations licensed in the Ship footnote itself are changed from “71” to At a session of the Interstate Com­ Service are required to be operated by “ 70a” . merce Commission, Division 3, held at its licensed radio operators unless, under the (2) Section 8.195 is amended by in­ office in Washington, D. C., on the 18th conditions set forth in that section, the serting a footnote designated as “ 71” day of December A. D. 1947. Commission waives such requirements; after the title line “Requirements for Upon further consideration of the pro­ and ship radar installations,” to read as visions of Service Order No. 68 (8 P. R. It further appearing, that under the follows: 8513), as amended (8 F. R. 8513, 14224, provisions of section 318 aforesaid, the 71 Pending the final adoption and effec­ 16265; 9 P. R. 7206, 14306; 10 Erft. 6Ü40, Commission may waive the requirement tiveness of permanent rules governing oper­ 8142, 9720, 12090; 11 P. R. 562, 6983; 12 of licensed radio operators for ship radar ator license requirements for ship radar sta­ P. R. 46, 3837,4719, 4886), and good cause stations licensed in the Ship Service if tions licensed in the Ship Service, temporary appearing therefor: It is ordered, that: the Commission first shall find that such requirements are as follows: Section 95.15 Suspension of follow-lot a waiver will serve the public interest, Pursuant to a temporary waiver adopted rule and two-for-one rule, of Sérvice convenience, or necessity; and and effective December 15, 1947 of the pro­ Order No. 68, as amended, be, and it is visions of section 318 of the Communications It further appearing, that under Com­ Act of 1934, as amended, unlicensed person­ hereby, further amended by substituting mission Order 133, dated May 10, 1946, nel . may perform the normal operation on the following paragraph (e) for para­ the Commission waived to a limited ex­ board ship of ship radar stations licensed graph (e) thereof: tent the licensed radio operator require­ in the Ship Service, but unlicensed person­ .(e) Expiration date. This section as ments of section 318 aforesaid with re­ nel shall not make any adjustments or per­ amended shall expire at 11:59 p. m., De­ gard to shipboard radar stations licensed form any servicing or maintenance that may affect the proper operation of the station. cember 20, 1948, unless otherwise modi­ in the Experimental Service; and fied, changed, suspended or annulled by It further appearing, that during the Such adjustments, servicing or maintenance shall be performed by, or in the presence of, order of this Commission. interim period preceding the final adop­ the holders of valid first or second class radio tion and effectiveness of permanent rules operator licenses, either radiotelephone or It is further ordered, that this amend­ governing operator license requirements radiotelegraph. The provisions of this foot­ ment shall become effective at 12:01 a. m., for ship radar stations licensed in the note shall not be construed to affect in any December 31, 1947; that a copy of this Ship Service, radar stations so licensed way the responsibility of the station licensee order and direction be served upon the can be as well operated by unlicensed for the proper operation of the station. Any State railroad regulatory bodies of each personnel as can radar stations licensed part or all of this footnote may be changed State, and upon the Association of Ameri­ or cancelled by order of the Commission can Railroads, Car Service Division, as in the Experimental Service; and without advance notice or hearing and shall It further appearing, that under the in any event terminate upon the effective agent of the railroads subscribing, to foregoing circumstances it will serve the date of the permanent rules adopted by the the car service and per diem agreement public interest and convenience tempo­ Commission governing operator license re­ under the terms?of that agreement; and rarily to waive, to the same extent as now quirements for ship radar stations licensed that notice of this orçjpr be given to the provided in the Experimental Service by in the Ship Service, or upon March 15, 1948 general public by depositing a copy in the Order 133, the licensed radio operator whichever is earlier. office of the Secretary of the Commission requirements with regard to ship radar (3) Section 13.1 is amended by insert­ at Washington, D. C., and by filing it with stations licensed in the Ship Service; ing a footnote designated as “ lc ” to read the Director, Division of the Federal and as follows: Register. It further appearing, that authority (Sec. 1, 24 Stat. 379, as amended, 40 Stat. to accomplish the aforesaid objective is By order dated and effective December 15, 1947 the Commission temporarily waived 101, sec. 402, 41 Stat. 476, sec. 4, 54 Stat. contained in sections 303 (f), (g), (1), to a limited extent the requirement that ship 901; 49 U. S. C. 1 (10)—(17) ) (r), and 318 of the Communications radar, stations licensed in the Ship Service Act of 1934, as amended; be operated by licensed radio operators. See By the Commission, Division 3. It is ordered, That, effective immedi­ footnote 71, § 8.195 of the Commission’s Rules [ s e a l ] W. P. B a r t e l , ately, the provisions of section 318, Governing Ship Service. See also § 13.61. Secretary. aforementioned, are hereby waived inso­ far as such provisions require any person (4) Section 13.61 is amended by in­ [F. R. Doc. 4 7 -1 1 ^ ; Filed, Dec. 23, 1947; to hold a radio operator license issued by serting footnote “ 9a” immediately after 8:49 a. m.] Wednesday, Decem ber 24, 1947 FEDERAL REGISTER 8775

[S. O. 93, Arndt. 12] It is further ordered, that this amend­ [Rev. S. O. 534, Amdt. 3] ment shall become effective at 12:01 P art 95— C ar S ervice P art 95— C ar S ervice a. m., December 31, 1947; that a copy of GIANT REFRIGERATOR CARS this order and direction be served upon MOVEMENT OF EMPTY CARS; APPOINTMENT At a session of the Interstate Com­ the Association of American Railroads, OF AGENT merce Commission, Division 3, held at its Car Service Division, as agent of the At a session of the Interstate Com- office in Washington, D. C., on the 18th railroads subscribing to the car service irterce Commission, Division 3, held at day of December A. D. 1947. and per diem agreement under the terms its office in Washington, D. C., on the Upon further consideration of Service of that agreement; and that notice of 18th day of December A. D. 1947. Order No. 93 (7 F. R. 8903) as amended this order be given to the general public Upon further consideration of Re­ (8 F. R. 13752, 13925; 9 F. R. 2481, 11208 by depositing a copy in the office of the vised Service Order No. 534 (11 F. R. 10 F. R. 15175; 11 F. R. 561, 2189, 14271, Secretary of the Commission at Wash­ 9454) as amended (11 F. R. 14108; 12 14469; 12 F. R. 46, 104, 4028) and good ington, D. C., and by filing it with the F. R. 4142), and good cause appearing cause appearing therefor: It is ordered, Director, Division of the Federal Regis­ therefor: It is ordered, that: ter. that: Section 95.534 Movement of empty Section 95.301 Giant type refrigerator (Sec. 1, 24 Stat. 379, as amended, 40 Stat. cars; appointment of agent, of Revised cars, of Service Order No. 93, as amended, 101, sec. 402, 41 Stat. 476, sec. 4, 54 Stat. Service Order No. 534, be, and it is be, and it is hereby, further amended by 901; 49 U. S. C. 1 (10)—(17) ) hereby, amended by substituting the fol­ substituting the following paragraph (g) lowing paragraph (g) for paragraph (g) By the Commission, Division 3. for paragraph (g) thereof: thereof: (g) Expiration date. This section [ s e a l] w . P. B artel, Secretary. (g) Expiration date. This section shall expire at 11:59 p. m., June 5, 1948, shall expire at 11:59 p. m., December 15, unless otherwise modified, changed, sus­ [F. R. Doc. 47-11270; Filed, Dec. 23, 1947; 1948, unless otherwise modified, changed, pended or annulled by order of this Com­ 8:49 a. m.] suspended, or annulled by order of this mission. Commission. It is further ordered, that this amend­ It is further ordered, that this amend­ ment shall become effective at 12:01 ment shall become effective at 12:01 a. m., December 31, 1947; that a copy of [S. O. 396, Amdt. 10] a. m., December 31, 1947; that a copy this amendment and direction be served P art 95— C ar S ervice of this order and direction be served upon the Association of American Rail­ upon each State railroad regulatory roads, Car Service Division, as agent of perishables; restrictions o n body, and upon the Association of Ameri­ the railroads subscribing to the car serv­ reconsigning can Railroads, Car Service Division, as ice and per diem agreement under the At a session of the Interstate Com­ agent of the railroads subscribing to the terms of that agreement; and that notice merce Commission, Division 3, held at its car service and per diem agreement of this order be given to the general pub­ office in Washington, D. C., on the 18th under the terms of that agreement; and lic by depositing a copy in the office of day of December A. D. 1947. that notice of this order be given to the the Secretary of the Commission at Upon further consideration of Service general public by depositing a copy in Washington, D. C., and by filing it with Order No. 396 (10 F. R. 15008), as the office of the Secretary of the Com­ the Director, Division of the Federal amended (11 F. R. 1627, 4038, 9453; 12 mission at Washington, D. C., and by Register. F. R. 1235, 2288, 2479, 3673, 4002, 4029, filling it with the Director, Division of (Sec. 1, 24 Stat. 379, as amended, 40 Stat. and good cause appearing therefor: It is the Federal Register. 101, secs. 402, 418, 41 Stat. 476, 485, secs. ordered, that: Section 95.396 Perishables restrictions (Sec. 1, 24 Stat. 379, as amended, 40 Stat. 4, 10, 54 Stat. 901, 912; 49 U. S. C. 1 101, sec. 402, 418, 41 Stat. 476, 485, secs. (10) — (17), 15 (4 )) on reconsigning, of Service Order No. 396, as amended, be, and it is hereby, 4, 10, 54 Stat. 901, 912; 49 U. S. C. 1 (10) — By the Commission, Division 3. further amended by substituting the fol­ (17), 15 (4)) [ seal] W. P. B artel, lowing paragraph (h) for paragraph (h) By the Commission, Division 3. thereof: Secretary. [ se al] W. P. B artel, [F. R. Doc. 47-11268; Filed, Dec. 23, 1947; (h) Expiration date. This section Secretary. 8:49 a. m.] shall expire at 11:59 p. m., October 10, [F. R. Doc. 47-11263; Filed, Dec. 23, 1947; 1948, unless otherwise modified, changed, 8:48 a. m.j suspended or annulled by order of this Commission. [S. O. 129, Amdt. 5] It is further ordered, that this amend­ * [Rev. S. O. 558, Amdt. 6] P art 95—C ar S ervice ment shall become effective at 12:01 a. m., December 31, 1947; that a copy of P art 95—C ar S ervice BODY ICE IN REFRIGERATOR CARS; REMOVAL this order and direction be served upon BY CONSIGNEE each State railroad regulatory body, and REFRIGERATOR CARS FOR FRUIT AND VEGETABLE At a session of the Interstate Com­ upon the Association of American Rail­ CONTAINERS merce Commission, Division 3, held at its roads, Car Service Division, as agent of At a session of the Interstate Com­ office in Washington, D. C., on the 18th the railroads subscribing to the car serv­ merce Commission, Division 3, held at day of December A. D. 1947. ice and per diem agreement under the its.office in Washington, D. C., on the Upon further consideration of the pro­ terms of that agreement; and thatmotice 18th day of December A. D. 1947. visions of Service Order No. 129 (8 F. R. of this order be given to the general pub­ Upon further consideration of Revised 7778), as amended (11 F. R. 8451, J4328; lic by depositing a copy in the office of Service Order No. €58 (11 F. R. 11817), 12 F. R. 1420, 4001) and good cause ap­ the Secretary of the Commission at as amended (11 F. R. 12233; 12 F. R. pearing therefor: It is ordered, that: Washington, D. C., and by filing it with 4002,5966, 6911), and good cause appear­ Section 95.310 Body ice in refrigerator the Director, Division of the Federal ing therefor; It is ordered, that: cars; removal by consignee, of Service Register. Section 95.558 Substitution of refrig­ Order No. 129, as amended, be, and it is (Sec. 1, 24 Stat. 379, as amended, 40 Stat. erator cars for box cars, to transport hereby, further amended by substituting 101, sec. 402, 41 Stat. 476, sec. 4, 54 Stat. fruit and vegetable containers and box the following paragraph (c) for para­ 901; 49 U. S. C. 1 (10)—(17) ) shooks, of Revised Service Order No. 558, graph (c) thereof: * be, and it is hereby, further amended by By the Commission, Division 3. (c) Expiration date. This section, as substituting the following paragraph (d) amended, shall expire at 11:59 p. m., [ s e a l] W. P. B artel, for paragraph (d) thereof: June 15, 1948, unless otherwise modified, Secretary. (d) Expiration date. This section changed, suspended or annulled by order [F. R. Doc. 47-11265; Filed, Dec. 23, 1947; shall expire at 11:59 p. m.,'July 18, 1948, of this Commission. 8:49 a. m.] unless otherwise modified, changed, sus- 8776 RULES AND REGULATIONS

pended or annulled by order of this [8. O. 799] chapter) announcing the suspension of any of the provisions therein. Commission. P art 95— C ar S ervice It is further ordered, that this order It is further ordered, that this amend­ PFE REFRIGERATOR CARS FOR LOADING COTTON ment shall become effective at 12:01 a. m., and direction shall be served upon the December 31, 1947; that a copy of this At a session of the Interstate Com­ Association of American Railroads, Car order be served uporl the Association of merce Commission, Division 3, held at its Service Division, as agent of the railroads American Railroads, Car Service Divi­ office in Washington, D. C., on the 18th subscribing to the car service and per sion, as agent of the railroads subscrib­ day of December A. D. 1947. diem agreement under the terms of that ing to the car service and per diem agree­ It appearing, that there are certain agreement; and that notice of this order ment under the terms of that agreement; PFE refrigerator cars in California and be given to the general public by deposit­ and that notice of this order be given Arizona "not suitable for transporting ing a copy in the office of the Secretary to the general public by depositing a commodities requiring protective service of the Commission at Washington, D. C., copy in the office of the Secretary of the and that such cars are suitable for trans­ and by filing it with the Director, Divi­ Commission at Washington, D. C., and porting other freight; in the opinion of sion of the Federal Register. the Commission an emergency exists re­ by filing it with the Director, Division of (Sec. 1, 24 Stat. 379, as amended, 40 the Federal Register. quiring immediate action in California and Arizona. It is ordered, that: Stat. 101, sec. 402, 41 Stat. 476, sec. 4, 54 (Sec. 1, 24 Stat. 379, as amended, 40 Stat. Stat. 901; 49 U. S. C. 1 (K M 17)) § 95.799 PFE refrigerator cars for 101, sec. 402, 41 Stat. 476, sec. 4, 54 Stat. By the Commission, Division 3. 901; 49 U. S. C. 1 (10)—(17) ) loading cotton— (a) Substitution for box cars. Any common carrier by railroad [ s e a l] W. P. B artel, By the Commission, Division 3. subject to the Interstate Commerce Act, Secretary. serving points in California or Arizona, [ se al] W. P. B artel, [F. R. Doc. 47-11266; Filed, Dec. 23, 1947; Secretary. may at its option furnish and transport 8:49 a. m.] for each box car ordered: [F. R. Doc. 47-11287; Filed, Dec. 23, 1947; (1) Uncompressed cotton. Not more 8:49 a. m.] than four (4) refrigerator cars, of PFE ownership bearing numbers 923 to 33514 inclusive, for loading carload shipments P art 125— R ailroad A c c id e n t s : R eports of uncompressed cotton at origins in and C lassification [S. O. 646, Amdt. 3] California and Arizona, when such cot­ accidents to be reported P art 95— C ar S ervice ton is consigned or reconsigned to points At a session of the Interstate Com­ for compression. merce Commission, Division 1 held at its ICING AT ROSEVILLE, SAN JOSE, OR (2) Compressed cotton. Not more STOCKTON, CALIF. office in Washington, D. C., on the 11th than two (2) refrigerator cars, of PFE day of December A. D. 1947. At a session of the Interstate Com­ ownership bearing numbers 923 to 33514 The matter of accident statistics being merce Commission, Division 3, held at inclusive, for loading carload shipments under consideration: its office in Washington, D. C., on the of compressed cotton originating at It is ordered, That, beginning January 18th day of December A. D. 1947. points of compression in California and 1, 1948, Rules Governing Monthly Re­ Upon further consideration of Service Arizona and consigned or reconsigned to ports of Railway Accidents (1922 revi­ Order No. 646 (11 F. R. 14109), as points on the Southern Pacific Company, sion) (§§ 125.1-125.60, Title 49. Code of amended (12 F. R. 2479, 4143), and good the Texas and New Orleans Railroad Federal Regulations), be, and is hereby cause appearing therefor: It is ordered, Company, and the Union Pacific Rail­ amended by canceling subsection (a) of that: road Company. section 2 (§125.12 Code of Federal Regu­ Section 95.646 Icing at Roseville, San subject to the carload minimum weight lations) and substituting therefor the Jose or Stockton, of Service Order No. which would have applied if the shipment following: 646, be, and it is hereby, further amended had been loaded in the box car ordered. § 125.12 Accidents to be reported. by substituting the following paragraph (b) Application. The provisions of (a) For the year 1948, damage to rail­ (d) for paragraph (d) thereof: this section shall apply to shipments way property amounting to more than (d) Expiration date. This section moving in intrastate commerce as well as $250, including the expense of clearing shall expire at 11:59 p. m., June 30,1948, to those moving in interstate commerce wreck, but not damage to or loss of unless otherwise modified, changed, sus­ in PFE refrigerator cars numbers 923 to freight or baggage, animals, or property pended or annulled by order of this 33514, inclusive, only. of noncarriers on or adjacent to right-of- Commission. > (c) Effective date. This section shall way. For years subsequent to 1948, up­ become effective at 12:01 a. m., December ward or downward changes from that It is further ordered, that this amend­ 22,1947. minimum shall be made in multiples of ment shall become effective 12:01 a. m., (d) Expiration date. This section not less than $25, depending upon December 31, 1947; that a copy of this shall expire at 11:59 p. m., April 20,1948, changes in the unit costs comprising ac­ order and direction be served upon the unless otherwise modified, changed, sus­ cident expense as determined by the Association of American Railroads, Car pended, or annulled by order of this Service Division, as agent of the rail­ Commission. Commission’s Bureau of Transport Eco­ roads subscribing to the car service and (e) Conflicting service orders sus­ nomics and Statistics. The accident re­ per diem agreement under the terms of pended. The operation of Service Order porting officers of each road shall be ad­ that agreement; and that notice of this No. 68 (8 F. R. 8513) as amended, and vised by that Bureau if any change is order be given to the general public by all other orders of the Commission inso- made in the reporting base for any ensu­ depositing a copy in the office of the ' far as they conflict with the provisions ing year. Secretary of the Commission at Wash­ of this order, or as amended, is sus­ (Sec. 20, 24 Stat. 386, as amended, sec. 1, ington, D. C., and by filing it with the pended. 36 Stat. 350; 49 U. S. C. 20 (1)—(8), 45 Director, Division of the Federal Reg­ if) Rules and regulations suspended. U. S. C. 38) ' ister. The operation of all rules and regula­ tions insofar as they conflict with the N ote: The reporting requirement of this (Sec. 1, 24 Stat. 379, as amended, 40 Stat. provisions of this section is hereby sus­ order has been approved by the Bureau of 101, sec. 402, 41 Stat. 476, sec. 4, 54 Stat. pended. the Budget in accordance with the Federal 901; 49 U. S. C. 1 <10)-(17)) (g) Announcement of suspension. Reports Act of 1942. By the Commission, Division 3. Each of such railroads, or its agent, shall By the Commission, Division 1. publish, file, and post a supplement to [ se al] W. P. B artel, each of its tariffs affected hereby, in [ se al] W. P. B artel, Secretary. Secretary. substantial accordance with the provi­ [F. R. Doc. 47-11264; Filed, Dec. 23, 1947; sions of Rule 9 (k) of the Commission’s [F. R. Doc. 47-11258; FUed, Dec. 23, 1947; 8:49 a. m.] Tariff Circular No. 20 (| 141.9 (k) of this 8:48 a. m.] Wednesday, Decem ber 24, 1 9 4 7 FEDERAL REGISTER 8777

PROPOSED RULE MAKING

DEPARTMENT OF AGRICULTURE portation of outside milk is necessary to for some time) the current value of each meet the local demand. This situation Yio of 1 percent of butterfat is in ex­ Production and Marketing tends to discourage the production of cess of 5 cents even when such butterfat Administration greater amounts of milk by the producers is used in the manufacture of butter. now on the market. This situation has the effect of lower­ 17 CFR, Part 944] The base surplus plan also tends to dis­ ing the price received for each hundred­ courage dairy farmers from becoming H a n d l in g o f M i l k i n Q u a d C it ie s weight of milk in case the milk contains producers on the Quad Cities market be­ M a r k e t in g A rea . more than 3.5 percent butterfat and dis­ cause it returns to them only the excess courages producers from producing d e c is io n w i t h r e s p e c t t o p r o p o s e d m a r ­ milk price for the first two months. Grade A milk rather than milk for k e t in g AGREEMENT AND PROPOSED AMEND­ The deletion of the base surplus plan manufacturing (in which case the prices MENTS TO ORDER would result in more Grade A milk being usually reflect the higher manufacturing Pursuant to Public Act No. 10, 73rd delivered to the market by producers. value of such extra butterfat). Congress (May 12,1933) as amended and (2) Provision should be made for the The proposed butterfat differential will as reenacted and amended by the Agri­ determination of separate minimum uni­ reflect the approximate value of butter­ cultural Marketing Agreement Act of form prices to be paid producers re­ fat when used in manufacturing. 1937, as amended, (hereinafter referred spectively for Grade A milk and non This increase in the producer butterfat to as the “ act” ) and the rules of prac­ Grade A milk. differential would result in the produc­ tice and procedure, as amended, gov­ In the present order provision is made tion of more Grade A milk for the erning proceedings to formulate market­ for the computation of a minimum price market. ing agreements and orders (7 CFR to be paid producers for each hundred­ (4) The due and timely execution of Supps., 900.1 et seq.; 11 F. R. 7737; 12 weight of base milk delivered. At the the function of the Secretary of Agricul­ F. R. 1159, 4904) a public hearing was present time there is a shortage of Grade ture under the act imperatively and un­ held at Rock Island, Illinois, on Novem­ A milk and a surplus of non Grade A avoidably requires the omission of a rec­ ber 20-21, 1947, pursuant to the notice milk on the market. The use of both ommended decision by the Assistant Ad­ thereof which, was published in the Grade A milk and non Grade A milk in ministrator, Production and Marketing the computation of one uniform price F ederal R e g is t e r on November 15, 1947 Administration, and exceptions thereto. (12 F. R. 7633), upon proposed amend­ has the effect of lowering the price The hearing record established that ments to the tentative marketing agree­ received by producers for Grade A milk. immediate action must be taken if an ment and to the order, as amended, reg­ Handlers are required to pay under amendment is to meet effectively tjie ur­ ulating the handling of milk in the Quad the present order an additional 20 cents gent supply and demand problem sought Cities marketing area. per hundredweight for all Grade A milk to be alleviated. With, respect to such Certain of the material issues pre­ received from producers and used in problem, the critical situation will be sented at the hearing were of an emer­ Class I or Class n milk. This amount is aggravated on and after January 1,1948. gency nature. These are as follows: added as a premium over and above the The delay necessarily involved in the (1) The deletion of the base surplus computed blended price paid producers preparation, filing, and publication of a plan; of Grade A milk for the amount of base recommended decision and exceptions (2) The determination of separate milk delivered. Because both Grade A thereto would defeat the purposes of the uniform prices to be paid producers for and non Grade A milk are pooled to­ amendment. Grade A milk and for non Grade A milk; gether, this has not resulted in a sufficient All interested parties of record at the (3) An increase in the butterfat dif­ differential between the two types of milk hearing waived their rights to file briefs, to induce the production of ^ sufficient ferential to be paid producers for milk proposed findings and conclusions, and containing more or less than 3.5 percent supply of Grade A milk to mew the local exceptions, as to the points covered butterfat; and demands. herein. Under the health regulations applica­ (4) Whether the facts presented on No briefs or proposed findings and the record warrant the omission of a ble in the cities of Davenport, Iowa, and conclusions were filed within the time Rock Island, Illinois, only Grade A milk recommended decision and exceptions allowed. thereto. may be utilized in Class I and Class n . General findings and conclusions. However some handlers who distribute Findings and conclusions. The follow­ (a) The tentative marketing agreement milk in these cities receive both Grade ing findings and conclusions on these and the order, as amended and as hereby A and non Grade A milk. Since the issues are based upon the evidence intro­ proposed to be further amended and all Grade A is the only milk acceptable for duced at the hearing and the record per­ of the,terms and conditions thereof will taining thereto. use in the higher classes, it should be tend to effectuate the declared policy of allocated to these classes before any non (1) The base surplus plan should be the act; deleted. Grade A milk is so allocated. This prac­ (b) The prices calculated to give milk Handlers in the Quad Cities marketing tice of allocation has been followed in produced for sale in the said marketing area are not receiving from producers the market for several years and the evi­ area a purchasing power equivalent to sufficient Grade A Milk to meet the de­ dence indicates that it should be the purchasing power of such milk as de­ mand for Grade A Class I and Class II continued. termined to sections 2 and 8 (e) of the milk and find it necessary to import The computation of uniform prices for act are not reasonable in view of the Grade A milk from other producing Grade A milk and non Grade A milk price of feeds, available supplies of feeds, areas. respectively would give greater incen­ and other economic conditions which af­ Beginning January 1, 1948, the City tive to producers of Grade A milk. fect market supply and demand for such of Rock Island, Illinois (a portion of the (3) The butterfat differential paid to milk, and the minimum prices specified Quad Cities marketing area) is making producers for milk containing more or in the tentative marketing agreement effective a requirement that only Grade less than 3.5 percent butterfat should be and order, as amended, and as hereby A milk and cream may be sold in that increased. proposed to be further amended, are city. Davenport, Iowa (another portion Under the present order producers re­ such prices as will reflect the aforesaid of the marketing area) already had such ceive five cents per hundredweight of factors, insure a sufficient quantity of a requirement and other cities within the milk for each %o of 1 percent that such pure and wholesome milk, and be in the marketing area are considering such milk tests above 3.5 percent butterfat public interest; and requirements. when the wholesale price per pound of 92 (c) The tentative marketing agree­ Many producers find the base surplus score butter at wholesale in the Chicago ment and order, as amended and hereby plan resulting in their receiving the ex­ market is 35 cents or over. proposed to be further amended, regu­ cess price for a considerable portion of Since the current price of butter is well late the handling of milk in the same their deliveries at the same time that im­ above 35 cents per pound (and has been manner as and are applicable only to 8778 PROPOSED RULE MAKING

persons in the respective classes of in­ of the price of feeds, available supplies shall pro-rate the balance on hand in the dustrial and commercial activity speci­ of feeds, and other economic conditions producer-settlement fund between Grade fied in the said tentative marketing which affect market supplies of and de­ A and non Grade A milk. agreement upon which the hearing has mand for such milk, and the minimum (3) Divide the resulting amounts by been held. prices specified in the order are such the total hundredweight of Grade A miiir Marketing agreement and order. prices as will reflect the aforesaid fac­ and non Grade A milk, respectively, re­ Annexed hereto and made a part hereof tors, insure a sufficient quantity of pure ceived from producers and represented are two documents entitled “Marketing and wholesome milk, and be in the pub­ by the values included in subparagraph Agreement Regulating The Handling of lic interest; and (1) of this paragraph. Milk In The Quad Cities Marketing Area” (c) The said order, as amended, and (4) Subtract not less than 4 cents nor and “Order Amending The Order, As as hereby further amended, regulates the more than 5 cents from the amounts per Amended, Regulating The Handling of handling of milk in the same manner as hundredweight computed pursuant to Milk In The Quad Cities Marketing and is applicable only to persons in the Subparagraph (3) of this paragraph. The Area,” which hâve been decided upon as respective classes of industrial and com­ resulting figures shall be the uniform the appropriate and detailed means of mercial activity specified in a marketing prices for Grade A milk and non Grade effecting the foregoing conclusions. agreement upon -which hearings have A milk, respectively, received from pro­ Those documents shall not become effec­ been held. ducers. tive unless and until the requirements of The foregoing findings are supplemen­ 5. In paragraph (c) of § 944.7 delete § 900.14 of the rules of practice and pro­ tary and in addition to the findings made the phrase “of base milk, of the excess cedure governing proceedings to formu­ in connection with the issuance of the price,” so that the paragraph will read late marketing agreements and market­ aforesaid order and the findings made as follows: ing orders have been met. in connection with the issuance of each It is hereby ordered thgit all of this of the previously issued amendments (c) Announcement of prices. On or decision, except the attached marketing thereto; and all of said previous find­ before the 10th day after the end of each agreement, be published in the F ederal ings are hereby ratified and affirmed ex­ delivery period the market administrator R egister. The regulatory provisions of cept insofar as such findings may be in shall notify all handlers and make public said marketing agreement are identical conflict with the findings set forth herein. announcement of the computations pur­ with those contained in the attached Order relative to handling. It is there­ suant to (b) of this section, of the uni­ order, amending the order, as amended, fore ordered that on and after the effec­ form price per hundredweight and of the which will be published with the decision. tive date hereof, the handling of milk in Grade A premium computed pursuant to the Quad Cities marketing area shall (b) of this section, of the Class I, Class H, This decision filed at Washington, be in conformity to and in compliance Class in , and Class IV prices computed D. C. this 19th day of December, 1947. with the terms and conditions of the pursuant to § 944.4, and of the butterfat [ seal] C l in t o n P. A n d e r so n , aforesaid order, as amended, and as here­ differential computed pursuant to § 944.8 Secretary of Agriculture. by further amended, and the aforesaid (c ) . Order,1 Amending the Order, as order, as amended, is hereby further 6. Delete subparagraph (1) of para­ Amended, Regulating the Handling of amended as follows: graph (a) of § 944.8 and substitute there­ Milk in the Quad Cities Marketing 1. Delete paragraph (i) of § 944.1. for the following: 2. Delete from subparagraph (ii) of Area paragraph (c) of § 944.5 the phrase, “ base (1)- To each producer for milk which § 944.0 Findings upon the basis of the milk and the total delivery of milk in ex­ was not caused to be delivered to such hearing record. Pursuant to Public Act cess of base,” so that the subparagraph handler by a cooperative association, on No. 10, 73d Congress (May 12, 1933), as will read as follows: or before the 15th day after the end of amended and as reenacted and amended the delivery period during which such by the Agricultural Marketing Agree­ (ii) The total delivery of milk with the milk was received, at not less than the ment Act of 1937, as amended (herein­ average butterfat test thereof. uniform price computed pursuant to after referred to as the "act”), and the 3. Add tft paragraph (a) of § 944.7 the paragraph (b) of § 944.7, for Grade A or rules of practice and procedure covering following: "In the case of handlers who non Grade A milk, whichever is appli­ the formulation of marketing agree­ receive from producers both Grade A milk cable. ments and orders (7 CFR, Supps., 900.1 and non Grade A milk, separate compu­ 7. Delete subparagraph (2) of para­ et seq., 11 F. R. 7737,12 F. R. 1159, 4904), tations shall be made. For the purposes graph (a) of § 944.8. a public hearing was held upon certain of these computations Grade A milk shall 8. Delete subparagraphs (1), (2), and proposed amendments to the tentatively be allocated to the highest use classifica­ (3) of paragraph (c) of § 944.8 and sub­ approved marketing agreement and to tions of net pooled milk, and non Grade A stitute therefor the following: "the the order, as amended, regulating the milk to the lowest use classifications.” amount computed by adding 20 percent handling of milk in the Quad Cities mar­ 4. Delete paragraph (b) of § 944.7 and to the average price per pound of 92-score keting area. Upon the basis of the evi­ substitute therefor the following: butter at wholesale in the Chicago mar­ dence introduced at such hearing and (b) Computation o f uniform price. ket as reported by the United States the record thereof, it is found that: For each delivery period the market ad­ Department of Agriculture, and dividing (a) The said order, as amended, and ministrator shall compute the uniform the resulting sum by 10.” as hereby further amended, and all of prices per hundredweight for Grade A 9. Delete § 944.9 in its entirety. the terms and conditions of said order, milk and non Grade A milk received from [F. R. Doc. 47-11300; Filed, Dec. 23, 1947; as amended, and as hereby further producers separately as follows: 8:57 a. m.] amended, will tend to effectuate the de­ (1) Combine into separate totals the clared policy of the act; values of Grade A milk and non Grade A (b) The prices calculated to give milk milk computed pursuant to paragraph FEDERAL COMMUNICATIONS produced for sale in said marketing area (a) of this section for all handlers who COMMISSION a purchasing power equivalent to the made the reports pursuant to paragraph purchasing power of such milk as de­ (a) of § 944.5 and who made the pay­ [47 CFR, Part 31 ments pursuant to § 944.8. termined pursuant to sections 2 and 8 [Docket No. 8467J (e) of the act are not reasonable in view (2) Add to the amounts computed in paragraph (a) of this section the cash R adio B roadcast S ervices balances on hand in the producer-settle­ 1 This order shall not become effective un­ ment fund less the total amount of con­ NORMAL LICENSE PERIOD less and until the requirements of § 900.14 of tingent obligations to handlers pursuant the rules of practice and procedure govern­ 1. Notice is hereby given of proposed ing proceedings to formulate marketing to paragraph (g) of § 944.8. In comput­ rule making in the above-entitled matter. agreements and marketing orders have been ing, the first uniform prices under this 2. In order to provide for an orderly met. amendment the market administrator schedule for the renewal of FM broad- Wednesday, Decem ber 24, 1947 FEDERAL REGISTER 8779 cast station licenses, including non-com­ 4. Any interested party who is of the the purchaser’s ability to obtain credit mercial educational FM station licenses, opinion that the proposed amendments from his broker may depend upon the the Commission proposes to amend should not be adopted, or should not be particular shares which the seller hap­ §3.218 and 3.518 of the Commission’s adopted in the form set forth, may file pens to deliver after the transaction. rules and regulations. Sections 3.218 and with the Commission, on or before De­ The problems are particularly difficult 3.518 are proposed to be amended as cember 31, 1947, a written statement or where the majority' of the outstanding follows: brief setting forth his comments. The shares are “old” shares not subject to Commission will consider any such com­ section 11 (d) (1). §3.218 Nor mal license period. A11FM ments that are received before taking broadcast station licenses will be issued • The proposed amendment is designed any final action regarding the proposed for a normal license period of 1 year. to minimize the problem by exempting a amendments, and if any comments are security of a mixed class, not predomi­ Licenses will be issued to expire at the received which appear to warrant the hour of 3 a. m., eastern standard time, nantly “new,” provided that the particu­ holding of an oral argument before final lar security was sold to or purchased in accordance with the following sched­ action is taken, notice of the time and for the customer by the broker-dealer ule: place of such oral argument will be given. (a) For stations operating on the fre­ after he ceased to participate in the dis­ 5. In accordance with the provisions quencies 92.3, 92.5, 92.9, 93.1, 93.3, 93.7, tribution of the “ new issue.” However, of § 1.764 of the Commission’s rules and the proposal would not remove the pro­ 93.9, 94.1, 94.5, 94.7, 94.9, 95.1, 95.5, 95.7 regulations, an original and 14 copies of mcs., February 1. hibition against extensions of credit in all statements, briefs or comments filed (b) For stations operating on the fre­ connection with sales of “ new” shares by shall be furnished the Commission. a broker-dealer during the distribution quencies 96.1, 96.3, 96.5, 96.9, 97.1, 97.3, of the “new issue.” 97.5, 97.9, 98.1, 98.5, 98.7, 98.9 mcs., Released: December 16, 1947. To accomplish this purpose, it is pro­ April 1. F ederal C ommunications posed that § 240.11dl-l (Rule X-11D- (c) For stations operating on the fre­ C o m m is s io n , 1-1) be amended by adding the new para­ quencies 92.1, 92.7, 93.5, 94.3, 95.3, 95.9, [ s e a l] T. J. S l o w ie , 96.7, 97.7, 98.3, 99.3 mcs., June 1. graph (e) which is set forth below fol­ Secretary. lowing the present introductory clause (d) For stations operating on the fre­ of the section: quencies 100.1, 100.9, 101.7, 102.3, 103.1, [F. R. Doc. 47-11287; Filed, Dec. 23, 1947; 103.9, 104.9, 105.5, 106.3, 107.1, mcs., 8:53 a. m.] . § 240.11dl-l Exemption of certain se­ August 1. curities from section 11 (d) (1). A se­ (e) For stations operating on the fre­ curity shall be exempt from the provi­ quencies 99.1, 99.5, 99.7, 99.9, 100.3, 100.5, SECURITIES AND EXCHANGE sions of section 11 (d) (1) with respect to 100.7.101.1.101.3, 101.5,101.9,102.1,102.5, any transaction by a broker and dealer 102.7, 102.9 mcs., October 1.* COMMISSION who, directly or indirectly, extends-or (f) For stations operating on the fre­ [17 CFR, Part 2401 maintains or arranges for the extension quencies 103.3,* 103.5, 103.7, 104.1, 104.3, or maintenance of credit on the security 104.5 ,104.7,105.1,105.3,105.7,105.9,106.1, E x e m p t io n o f C ertain S ecur ities F rom to or for a customer if: S e c t io n (d ) 106.5,106.7,106.9,107^, 107.5,107.7,107.9 11 (1) * * * * * mcs., December 1. NOTICE OF PROPOSED AMENDMENT (e) Not more than 50% of the out­ Outstanding FM broadcast station li­ Notice is hereby given that the Securi­ standing securities of the same class are censes shall not be effected by this sec­ ties and Exchange Commission has un­ currently subject to the prohibitions of tion. To facilitate the conversion of out­ der consideration a proposal to exempt section 11 (d) (1) relating to extension standing FM licenses and initial grants of certain securities from the prohibition or maintenance of credit by such broker license to the renewal schedule of this in section 11 (d) (1) of the Securities and dealer, and the broker and dealer section, renewals of licenses or initial and Exchange Act of 1934 relating to the sold the security to the customer or licenses which might be for periods of less extension of credit on new issues of se­ bought the security for the customer’s than three months will be issued to in­ curities. f' account after the last day upon which clude an additional one year period. In general, section 11 (d) (1) prohibits he participated in the distribution of any new issue of such security. § 3.518 Normal license period. A 11 a broker-dealer from effecting any trans­ Non-Commercial Educational FM broad­ action in connection with which he ex­ The foregoing action is proposed pur­ cast station licenses will be issued for a tends credit to a customer on a security suant to the provision of the Securities normal license period of 1 year. Licenses “ which was a part of a new issue in the Exchange Act of 1934, particularly sec­ will be issued to expire at the hour of 3 distribution of which he participated as tions 3 (a) (12), 11 (d) (1), and 23 (a) a. m., eastern standard time, in accord­ a member of a selling syndicate or group thereof. ance with the following schedule: within six months prior to such trans­ The proposed rule would exempt from (a) For stations operating on the action.” In some cases the “ new issue” the prohibitions of section 11 (d) (1) frequencies 88.1, 88.3, 88.5, 88.7, 88.9, subject to section 11 (d) (1) consists of only and would not in any way alter the 89.1, 89.3, 89.5, „89.7, 89.9 mcs., June 1. additional shares of a class previously prohibitions and limitations on exten­ (b) For stations operating on the fre­ outstanding. In such cases old securities sions of credit which arise from Regula­ of the same class are not subject to the quencies 90.1, 90.3, 90.5, 90.7, 90.9, 91.1, tion T of the Board of Governors of the 91.3, 91.5, 91.7, 91.9 mcs., Augustprohibition 1. against extending credit. During the six-month period following Federal Reserve System, adopted under Outstanding Non-Commercial Educa­ section 7 of the act. tional FM broadcast station licenses shall the distribution of the “new issue” in All interested persons may submit not be affected by this section. To facil­ such cases it may be difficult to, distin­ itate the conversion of outstanding non­ guish between shares of the “néw issue” views and comments in writing to the commercial educational FM licenses and which are subject to section 11 (d) (1) Securities and Exchange Commission at initial grants of license to the renewal and the previously outstanding shares its main office, 18th and Locust Streets, schedule of this section, renewals of li­ which are not subject to that section. Philadelphia 3, Pa., on or before January censes or initial licenses which might be During this post-distribfition period, the 16, 1948. problem of identification may be made for periods of less than three months will By the Commission. be issued to include an additional one difficult by the transfer and reissuance of year period. certificates which are incident to nor­ [ se al] O rval L. D u B o is , mal trading in the security. Moreover, Secretary. 3. Authority to promulgate the pro­a problem is created by the industry’s posed changes is contained in sections practice of treating both the old and D ecember 16, 1947. • • ' 303 (c) and (r) of the Communications the new shares as “good delivery” against [F. R. Doc. 47-11284; Filed, Dec. 23, 1947; Act of 1934, as amended. a sale of the security, with the result that ■8:53 a. m.] No. 250------7 8780 FEDERAL REGISTER

NOTICES

FEDERAL COMMUNICATIONS New York, be required to install a direc­ April 29, 1947, designating for hearing tional antenna which would afford night­ the aforementioned matters involving COMMISSION time protection to station KGO operat­ the applications of American Broadcast­ [Docket Nos. 8011, 8012, 8162, 8338, 8339, 8671, ing as proposed, General Electric Com­ ing Company, Inc. (KGO), Denver 8672] pany, licensee of station WGY, being af­ Broadcasting Company, KCMO Broad­ forded the opportunity as a part of said casting Company (KCMO), A. Frank A m e r ic a n B roadcasting C o . I n c . (KGO) proceeding, to show cause why its license Katzentine (W K AT) and the show cause et AL. should not be so‘modified; order of General Electric Company (W G Y) be, and they are hereby, amend­ ORDER DESIGNATING APPLICATIONS FOR CON­ It is ordered, That, pursuant to section SOLIDATED HEARING ON STATED ISSUES 309 (a) of the Communications Act of ed to include the applications of Tampa 1934, as amended, the said applications Daily Times (WDAE) and W. A. Smith. In re applications of American Broad­ o f Tampa Daily Times and W. A. Smith, By the Commission. casting Company, Inc., (KGO) San be, and they are hereby, designated for Francisco, California, Docket No. 8011, hearing in the aforesaid consolidated [ s e a l] T. J. S l o w ie , File No. BMP-2157; for modification of proceeding commencing on January 5, Secretary. construction permits. Denver Broad­ 1948, at Washington, D. C., upon the fol­ [F. R. Doc. 47-11289; Filed, Dec. 23, 1947; casting Company, Denver, Colorado, lowing issues: 8:56 a. m.] Docket No. 8012, File No. BP-5141; for 1. To determine the legal, technical, construction permit. KCMO Broad­ financial, and other qualifications of the casting Company (KCM O ), Kansas City, individual applicant and of the applicant Missouri, Docket No.* 8338, File No. BMP- corporation, its officers, directors and [Docket No. 7555] 2556; for modification of construction stockholders to construct and operate the M u t u a l T e l e p h o n e C o . and RCA permit. W KAT, Inc. (W K A T), Miami proposed station and station WDAE as C ommunications , I n c . Beach, Florida, Docket No. 8339, File No. proposed. BP-5973; W. A. Smith, Plant City, Flor­ 2. To determine the areas and popu­ ORDER POSTPONING ORAL ARGUMENT ida, Docket No. 8671, File No. BP-5647; lations which may be expected to gain In the matter of the applications of Tampa Times Company, WDAE), or lose primary service from the opera­ Mutual Telephone Company, Docket No. Tampa, Florida, Docket No. 8672, File tion of the proposed station and station 7555, File No. 335-PHP-A; for a con­ No. BP-6266; for construction permits WDAE as proposed and the character of struction permit for a new fixed point- and modification of license of General other broadcast service available to those to-point radiotelephone station at Hon- Electric Company (W G Y ), Schenectady, areas and populations. ouliuli, Oahu, T. H. RCA Communica­ New York, Docket No. 8162, File No. 3. To determine the type and charac­ tions, Inc., File No. P5-RH-28; for re­ BS-264. ter of program service proposed to be newal of license f§r fixed point-to-point At a session of the Federal Communi­ rendered and whether it would meet the radiotelephone station at Kahuku, T. H. cations Commission, held at its offices in requirements of the populations and The Commission, having under con­ Washington, D. C., on the 4th day of areas proposed to be served. sideration a motion filed on December 11, December 1947; 4. To determine whether the opera­ 1947, by Mutual Telephone Company, re­ The Commission having under con­ tion of the proposed station and station questing a postponement of the date of sideration the above-entitled application WDAE as proposed would involve objec­ oral argument herein, for at least a pe­ of Tampa Daily Times, requesting au­ tionable interference with any other ex­ riod of two weeks beyond December 19, thorization to change its facilities at isting broadcast stations and, if so, the i947, the date on which oral argument Tampa, Florida, from 1250 kc, 5 kw nature and extent thereof, the areas and is presently scheduled to take place; power, U, Da to 810 kc, increase power to populations affected thereby, and the It appearing, that RCA Communica­ 10 kw, install new transmitter and di­ availability of other broadcast service to tions, Inc., the other party to this pro­ rectional gmtenna and change trans­ such areas and populations. ceeding, has no objection to the requested mitter site; and W. A. Smith, requesting 5. To determine whether the operation postponement: a permit to construct a new standard of the proposed station and station It is ordered, This 15th day of Decem­ broadcast station at Plant City, Florida, WDAE as proposed would involve objec­ ber 1947, that the above-mentioned mo­ to operate on 840 kc, 250 w power, day­ tionable interference with the services tion is granted, and that the date of oral time only; and proposed in any other pending applica­ argument herein is postponed to Janu­ It appearing, that, the Commission tions for broadcast facilities and, if so, ary 14, 1948. has heretofore designated for hearing in the nature and extent thereof, the areas a consolidated proceeding the applica­ and populations affected thereby, and By the Commission. tions of American Broadcasting Com­ the availability of other broadcast serv­ [ se al] T. J. S l o w ie , pany, Inc., requesting a modification of ice to such areas and populations. Secretary. construction permit to authorize changes 6. To determine whether the installa­ [F. R. Doc. 47-11292; Filed, Dec. 23, 1947; in the directional antenna of station tion and operation of the proposed sta­ 8:57 a. m.] KGO, operating on 810 kc in San Fran­ tion and station WDAE as proposed cisco, California; Denver Broadcasting would be in compliance with the Com­ Company requesting a construction per­ mission’s rules and Standards of Good mit for a new standard broadcast sta­ Engineering Practice Concerning Stand­ [Docket No. 8582] ard Broadcast Stations, particularly as tion at Denver, Colorado, to operate on W estern U n io n T elegraph Co. 810 kc, with 25 kw, 50 kw-LS, U, DA; to whether the 25 mv/m contours of sta­ KCMO Broadcasting Company request­ tion WDAE as proposed and the station ORDER CONTINUING HEARING ing a modification of construction per­ proposed by W. A. Smith would overlap, In the matter of the Western Union mit to authorize a change in the facili­ and whether WDAE’s proposed direc­ Telegraph Company, new charges for tional array is sufficiently stable to pro­ ties of KCMO, Kansas City, Missouri foreign contract press service. Docket from 810 kc, 10 kw, 50 kw-LS U, DA-N tect existing co-channel stations and the to 810 kc, 50 kw power, U, DA; and A. secbhdary service area of station WGY, No. 8582. The Commission having under consid­ Frank Katzentine requesting a construc­ Schenectady, New York. tion permit to change the facilities of 7. To determine on a comparative eration the proceedings in the above station WKAT, Miami Beach from 1360 basis which, if any, of the applications matter: kc, 1 kw, 5 kw-LS, U, to 810 kc, 50 kw in this consolidated proceeding should be It is ordered, This 12th day of Decem­ power, U, DA-N; and the American granted. ber 1947, that the hearing in this pro­ Broadcasting Company, Inc. (KGO) re­ I t is further ordered, That, the Com­ ceeding now scheduled for December 16, quest that station WGY, Schenectady, mission’s orders of December 17 and 1947, is continued to December 29, 1947, Wednesday, Decem ber 24, 1947 FEDERAL REGISTER 8781 at the same time and place heretofore tion would be in compliance with the N o r th er n I n d ia n a B roadcasters, I n c ., designated. Commission’s rules and Standards of P er m ittee o f W I M S , M ic h ig a n C i t y , Good Engineering Practice Concerning I n d . By the Commission. Standard Broadcast Stations, particu­ PUBLIC NOTICE CONCERNING PROPOSED [ seal] S l o w ie , T. J. larly with respect to the assignment of TRANSFER OF CONTROL 1 Secretary. Class IV stations to regional channels. The Commission hereby gives notice [P. R. Doc. 47-11288; Piled, Dec. 23, 1947; By the Commission. 8:53 a. m.] that on December 3,1947 there was filed [ s e a l ] T . J. S l o w ie , with it an application (BTC-592) for its Secretary. consent under section 310 (b) of the Communications Act to the proposed [F. R. Doc. 47-11290; Filed, Dec. 23, 1947; [Docket No. 8639] 8:56 a. m.] transfer of control of Northern Indiana Broadcasters, Inc., permittee of WIMS, C h ill ic o t h e B roadcasting C o . Michigan City, Indiana from the com­ pany’s stockholders to O. E. Richardson, ORDER DESIGNATING APPLICATION FOR [Docket No. 8661-8662] Calumet City, Illinois. The proposal to HEARING ON STATED ISSUES'' transfer control arises out of the follow­ N e w E ng land T e le v is io n C o ., I n c ., and In re application of James S. Lambert, ing arrangements: In two E. A n t h o n y & S o n s , I n c . Joe H. Lambert and Richard A. Bevier, a minority stockholders (H. E. Stuart and partnership d/b as The Chillicothe ORDER DESIGNATING APPLICATIONS FOR CON­ R. C. Adair) holding respectively 780 Broadcasting Company, Chillicothe, Mis­ SOLIDATED HEARING ON STATED ISSUES t shares (39%) and 166 shares (8.3%) of souri, Docket No. 8639, File No. BP-5703; the 2,000 shares then outstanding sold In re applications of New England Tel­ their holdings totalling 946 shares to for construction permit. evision Company,'Inc., Fall River, Mas­ At a session of the Federal Communi­ other stockholders and individuals. Sub­ sachusetts. Docket No. -8661, File No. sequently, on October 9, 1947 a further cations Commission, held at its offices BPCT-209; E. Anthony & Sons, Inc., New in Washington, D. C., on the 28th day of stockholder, S. G. Strasburg, sold his Bedford, Massachusetts, Docket No. 8662, holdings of 200 shares (10%) to O. E. ; File No. BPCT-217; for construction per­ The Commission having under con­ Richardson. The corporation presently mits for television stations. plans to issue 2,000 additional authorized sideration the above-entitled application At a session of the Federal Communi­ requesting a construction permit for a shares of which 1,453 shares would be cations Commission held at its offices in acquired by O. E. Richardson and the new standard broadcast station to oper­ Washington, D. C., on 4th day of Decem­ ate on the frequency 1280 kc, with 250 w remaining 547 shares would be purchased ber 1947; power, daytime only, in Chillicothe, Mis­ by other stockholders. The stock origi­ souri; The Commission having under consid­ nally sold as above indicated and that It is ordered, That, pursuant to section eration the above-entitled applications proposed to be issued by the corporation 309 (a) of the Communications Act of for construction permits for television at this time would be $15 a share. 1934, as amended, the said application broadcast stations in the Fall River-New The arrangements are such that the be, and it is hereby, designated for hear­ Bedford, Massachusetts, metropolitan stock previously sold and now being ing at a time and place to be designated area; and offered by the company is made avail­ by subsequent order of the Commission, It appearing, that New England Tele­ able to new purchasers under the same upon the following issues; vision Company, Inc. (File No. BPCT- terms and conditions under which the 1. To determine the legal, technical, 209), and E. Anthony & Sons, Inc.

FEDERAL POWER COMMISSION The application of Tennessee Gas N e w O rleans P u b l ic S ervice, I nc. Transmission Company is on file with the [Docket No. G-978] Commission and is open to public inspec­ NOTICE OF ORDER APPROVING AND DIRECTING DISPOSITION o f a m o u n t s CLASSIFIED in T ennessee G as T ransmission C o . tion. Any person desiring to be heard or ELECTRIC PLANT AND GAS PLANT ADJUST­ to make any protest with reference to the MENT ACCOUNTS NOTICE OF APPLICATION application shall file.with the Federal Power Commission, Washington 25, D. C., D ecember 18, 1947. D ecember 18, 1947. not later than 15 days from the date of Notice is hereby given that, on Decem­ Notice is hereby given that on Decem­ publication of this notice in the F ederal ber 17,1947, the Federal Power Commis­ ber 3,1947, an application was filed with R egister, a petition to intervene or pro­ sion issued its order entered December the Federal Power Commission by Ten­ test. Such protest or petition shall con­ 16,1947, in the above-designated matter, nessee Gas Transmission Company (Ap­ form to the requirements of Rule 8 or 10, approving and directing Disposition of plicant), a Delaware Corporation, with whichever is applicable, of the rules of Amounts Classified in Electric Plant and its principal place of business-in Hous­ practice and procedure (effective July 1, Gas Plant Adjustment Accounts. ton, Texas, for a certificate of public con­ 1947) (18 CFR 1.8 or 1.10). venience and necessity pursuant to sec­ [ s e a l] L e o n M. F u q u a y , tion 7 of the Natural Gas Act, as [ s e a l] L e o n M. Fuquay, Secretary. amended, authorizing Applicant to con­ Secretary. [F. R. Doc. 47-11256; Piled, Dec. 23, 1947; struct and operate a sales meter station [P. R. Doc. 47-11271; Rled, Dec. 23, 1947; 8:47 a. m.] at a point on its main natural gas trans­ 8:50 a. m.] mission pipe line near Scottsville, Ken­ tucky, and to sell approximately 200 Mcf INTERSTATE COMMERCE of natural gas per day to Kentucky Na­ [Project No. 1925] COMMISSION tural Gas Corporation for resale in the City of Scottsville, Kentucky. F resno I rrigatio n D istr ic t [S. O. 396, Special Permit 390] Applicant estimates the total over-all ORDER FIXING HEARING R econsignment o f C a u lif lo w e r at capital cost of the facilities described C h icago, I I I . herein will be approximately $1,800, (1) On February 2, 1945, Fresno Irri­ which Applicant proposes to finance gation District, of Fresno, California, „Pursuant to the authority vested in me from cash on hand, and that the esti­ filed an application for preliminary per­ by paragraph (f) of the first ordering mated cost of operation of the facilities, mit under the Federal Power Act for pro­ paragraph of Service Order No. 396 (10 exclusive of depreciation, will be .ap­ posed Project No. 1925 to be located on F. R. 15008), permission is granted for proximately $700 per annum. The rates the North Fork and main channel of any common carrier by railroad subject to be charged are those contained in Kings River, in Fresno County, Califor­ to the Interstate Commerce Act: Applicant’s rate schedules on file with nia, affecting lands of the United States To disregard entirely the provisions of the Commission, Schedule CD-2, and are within the Sierra and Sequoia National Service Order No. 396 insofar as it ap­ based on a demand charge of $1.95 per Forests and public lands of the United plies to the reconsignment at Chicago, month per Mcf and a commodity charge States outside National Forest boqn- 111., December 15, 1947, by Garibaldi & of $0.112 per Mcf. daries. Cuneo, of car PFE 51642, cauliflower, now Applicant states that Kentucky Na­ (2) Both Federal and State agencies on the Chicago Produce Terminal, to tural Gas Corporation is presently serv­ and others have expressed an interest in Milwaukee, Wis. ing natural gas from its system to the or objection to the issuance of a permit The waybill shall show reference to municipally owned gas distribution sys­ for the proposed development. this special permit. tem in the City of Scottsville, Kentucky, The Commission finds that it is desir­ A copy of this special permit has been and that Kentucky Natural desires to able and in the public interest to hold a served upon the Association of American augment the supply of gas available to hearing respecting the matters involved Railroads, Car Service Division, as agent that City by a new connection with Ap­ and the issues raised in this proceeding. of the railroads subscribing to the car plicant's system, as proposed herein, such It is ordered, That a public hearing be service and per diem agreement under connection to be made at a point near held concerning these matters com­ the terms of that agreement; and notice Scottsville where Kentucky Natural’s mencing on Monday, January 26, 1948 of this permit shall be given to the gen­ existing system crosses Applicant’s main at 10:00 a. m. (P. s. t.) in the Southeast eral public by depositing a copy in the natural gas transmission pipe line. Room, 2d floor, Memorial Auditorium, office of the Secretary of the Commis­ Applicant also states that in the certifi­ Fresno, California. sion at Washington, D. C., and by filing cate proceedings in Docket Nos. G-701 Date of issuance: December 18, 1947. it with the Director, Division of the and G-808 it requested authority to in­ Federal Register. By the Commission. stall capacity to provide service to small Issued at Washington, D. C., this 16th communities located along its pipe line [ s e a l] L e o n M . F u q u a y , day of December 1947. system in Mississippi, Tennessee, and Secretary. H omer C. K in g , Kentucky, and that such capacity was [P. R. Doc. 47-11254; Piled Dec. 23, 1947; Director, authorized by the Commission, condi­ 8:47 a. m.] Bureau of Service. tioned upon Applicant obtaining approval from the Commission to render such serv­ [P. R. Doc. 47-11260; Piled, Dec. 23, 1947; ice. It asserts that sale and delivery of 8:48 a. m.] approximately 200 Mcf per day for serv­ U n ite d G as P ip e L in e C o . ice in Scottsville, Kentucky will not impair Applicant’s ability to furnish gas NOTICE OF ORDER APPROVING DISPOSITION OF to its existing customers. AMOUNTS CLASSIFIED IN ACCOUNT 100.5, [S. O. 790, Special Directive 30] GAS PLANT ACQUISITION ADJUSTMENTS Any interested State Commission" is B altim o r e a n d O h io R ailroad C o. T o requested to notify the Federal Power D ecember 18,1947. F u r n is h C ars for R ailroad C oal Commission whether the application Notice is hereby given that, on Decem­ S u p p l y should be considered under the coopera­ ber 17,1947, the Federal Power Commis­ By letter dated December 15,1947, The tive provisions of Hule 37 of the Commis­ sion issued its order entered December 16, Baltimore and Ohio Railroad Company 1947, in the above entitled matter, ap­ sion’s rules of practice and procedure certified that it had on that date in stor­ proving disposition of amounts classified (18 CFR 1.37) and, if so, to advise the age and in cars a total supply of 14.5 days Federal Power Commission as to the in Account 100.5, Gas Plant Acquisition of fuel coal, and that it is immediately nature of its interest in the matter and Adjustments. essential that this company increase its whether it desires a conference, the crea­ [ se al] L e o n M. F u q u a y , coal supply from certain enumerated tion of a board, or a joint or concurrent Secretary. mines. hearing, together with reasons for such [P. R. Doc. 47-11255; Filed, Dec. 23, 1947; The certified statements have been ver­ request. 8:47 a. m.j ified and found to be correct. Wednesday, Decem ber 24, 1947 FEDERAL REGISTER 8783

Therefore, pursuant to the authority A p p e n d ix A — Continued Mine 32 cars for the loading of Baltimore vested in me by paragraph (b) of Service and Ohio Railroad fuel coal from its total Order No. 790, The Baltimore and Ohio N u m ­ Num ­ available supply of cars suitable for the Railroad Company is directed: ber of ber of M in e cars M iné cars transportation of coal. (-1) To furnish weekly to the mines week­ week* N o t e : The New York Central Railroad ly listed in Appendix A cars for the loading iy shall furnish 32 cars weekly to the Royal of Baltimore and Ohio Railroad fuel coal Splifit loading ramp and comply with the in the number specified from its total Eagle: Cornish_____ other provisions of this directive only when N o. 1...... available supply of cars suitable for the the Dixie Line loading ramp is inoperative. N o . 2...... } 47 I 18 transportation of coal. Keeley: Lockviejgr...... 5 N o. 1...... (2) That such cars furnished in excess (2) That such cars furnished in excess } 140 12 N o. 2...... of the mines’ distributive share for the of the mines’ distributive share for the M cCandlish...... 5 J 24 week will not be counted against said week will not be counted against said B y ro n ...... Tasa N o. 9...... ] mines. mines. Tasa No. 7...... > 35 Shaw Big Vein 1 (3) That it shall not accept billing of (3) That it shall not accept billing of G off...... 5 M cW horiSl'______12 cars furnished for loading under the pro­ cars furnished for loading under the pro­ R alph ...... 12 Keystone No. 3 .. .. 6 visions of this directive unless billed for visions of this directive unless billed for N orton...... 8 Ponfeigh No. 6 12 Silvester...... 10 The Baltimore and Ohio Railroad fuel The Baltimore and Ohio Railroad fuel W illiam s...... 6 coal supply. coal supply. Jon T ee...... 6 Ì (4) To furnish this Bureau, as soon (4) To furnish this Bureau, as soon B ow er______24 / 8 M artha______4 g as m aybe practicable after the end of as may be practicable after the end of Orchard (ORSub). 4 W ildw ood...... ■ 7 each week, information showing the total each week, information showing the total Leiving (ORSub).. 2 Tasa No. 8 . 15 Willow Grove No. Rossitter...... 28 number of cars furnished to said mines number of cars furnished to said mines 10...... 49 for the preceding week under the au­ for the preceding week under the author­ H itch m an...... 18 Boggs R u n ...... 12 240 thority of this directive and to indicate ity of this directive and to indicate with Brookside______10 with respect to each mine how many respect to each mine how many such cars Bickemier...______1 such cars were in excess of the weekly Valley Camp: M urdock______5 were in excess of the weekly distributive N o. 1...... ] distributive share of car supply of such share of car supply of such mine. N o. 3...... > 225 Souders

I 8784 NOTICES

(b) Demurrage. No common carrier quest the Commission in writing that a ity to purchase a limited number of by railroad subject to the Interstate Com­ hearing be given on such matter, stat­ shares of Detroit Edison in order to fa­ merce Act shall charge or demand or ing the nature of his interest, the reasons cilitate the distribution and offering of collect or receive any demurrage or stor­ for such request and specifying in detail said shares, and represented that, before age charges for the detention under load the issues, if any, of fact or law raised purchasing any such shares, American of any car specified in paragraph (a) of by said application-declaration proposed Light would notify the Commission of the this order, for the detention period com­ to be controverted, or may request that procedure to be followed in effecting such mencing at 7:00 a. m., December 20,1947, he be notified if the Commission should stabilization. American Light requests and continuing until the actual unload­ order a hearing thereon. At any time authority in the supplemental applica­ ing of said car or cars is completed. thereafter, such application-declaration, tion-declaration to purchase on the New (c) Provisions suspended. The opera­ as filed or as amended, may be granted York Stock Exchange and the Detroit tion of any or all rules, regulations, or and permitted to become effective. Any Stock Exchange such number of shares practices, insofar as they conflict with such request should be addressed: Sec­ of the common stock of Detroit Edison as the provisions of this order, is hereby* retary, Securities and Exchange Com­ may be necessary or appropriate to sta­ suspended. mission, 18th and Locust Streets; Phila­ bilize the price of such stock. It is fur­ (d) Notice and expiration. Said car­ delphia 3, Pennsylvania. ther proposed that such purchases by rier shall notify Homer C. King, Direc­ All interested persons are referred to American Light may commence at 10:00 tor, Bureau of Service, Interstate Com­ said application-declaration, which is on a. m. on the date set^for the opening of merce Commission, Washington, D. C., file in the offices of the Commission for bids and may continue until American when it has completed the unloading re­ the .statement of the transactions therein Light has accepted a bid, or if no bid is quired by paragraph (a) hereof, and proposed which are summarized below; accepted, until bids are rejected. It is such notice shall specify when, where, There is presently pending before us further provided that all purchases will and by whom such unloading was per­ for decision a plan and amendments be made through a member or members formed. Upon receipt of that notice this thereto, designated “Application No. 31,” of the stock exchanges referred to and order shall expire. filed by American Light and its parent, that American Light will hold such shares The United Light and Railways Com­ of common stock of Detroit Edison pur­ It is further ordered, that this order pany, pursuant to provisions of section chased for stabilization purposes subject shall become effective immediately; that 11 (e) of the act, providing, inter alia, to the outstanding orders of the Commis­ a copy of this order and direction be for the sale by American Light of 450,000 sion and the provisions of the plan in served upon the Association of American shares of the common stock of Detroit the same manner as shares of such stock Railroads; Car Service Division, as agent Edison. The plan contains a request are now held. of the railroads subscribing to the car that, in the event the Commission can­ American Light requests that the service and per diem agreement under not at an early date enter an order ap­ Commission’s order be entered herein on the terms of that agreement; and that proving the plan in its entirety, the Com­ or before December 29,1947, and become notice of this order be given to the gen­ mission enter a separate order, as effective forthwith'. eral public by depositing a copy in the promptly as possible, authorizing, inter By the Commission. office of the Secretary of the Commission, alia, the prompt sale by American Light at Washington, D. C., and by filing it of the said shares of Detroit Edison com­ [ s e a l] O rval L. D u B o is, with the Director, Division of the Fed­ mon stock. This request was granted by Secretary. eral Register. order of the Commission entered in this [F. R. Doc. 47-11238; Filed, Dec. 22, 1947; (40 Stat. 101, sec. 402; 41 Stat. 476, sec. proceeding on November 19, 1947, and, 8:46 a. m.] 4; 54 Stat. 901, 911; 49 U. S. C. 1 (10)- in its memorandum opinion accompany­ (17), 15 (2)) ing said order, the Commission pointed out that none of the participants had By the Commission, Division 3. made any specific objection to approving [File No. 70-1660]

[ s e a l] W. P. B artel, this sale, that the request for a separate M in n e s o t a P o w e r & L ight Co . Secretary. order did not include a request for ap­ proval of any particular disposition of ORDER GRANTING AND PERMITTING APPLICA­ [P. R. Doc. 47-11259; Filed, Dec. 23, 1947; TION-DECLARATION TO BECOME EFFECTIVE 8:48 a. m.) the proceeds, and that such proceeds would be added to the cash funds of At a regular session of the Securities American Light. It was further pointed and Exchange Commission, held at its SECURITIES AND EXCHANGE out in said opinion that disposition of office in the city of Philadelphia, Pa., on the Detroit Edison stock is in accord with the 16th day of December A. D. 1947. COMMISSION our order of August 5, 1941, requiring Minnesota Power & Light Company [File Nos, 54-25, 59-11, 59-17] American to dispose completely of its in­ ’ (“Minnesota” ), a registered holding terest in Detroit Edison. Jurisdiction company and utility subsidiary of Amer­ U nite d L ig h t and R a il w a y s Co. et al. was reserved in said order of November ican Power & Light Company (“Amer­ n o t ic e of f il in g 19, 1947 to consider and pass upon the ican” ), a registered holding company terms and details of such sale and to is­ subsidiary of Electric Bond and Share At a regular session of the Securities sue such further orders as may be ap­ Company, also a registered holding com­ and Exchange Commission held at its propriate to the carrying out of the pro­ pany, having filed an application- office in the city of Philadelphia, Pa., on posed transaction. declaration and amendment thereto the 17th day of December A. D. 1947. The supplemental application-declara­ under the Public Utility Holding Com­ In the matter of the United Light and tion proposes to sell the 450,000 shares pany Act of 1935, particularly sections Railways Company, American Light & of Detroit Edison common stock at com­ 6 (a) and 7 thereof and Rules U-62 and Traction Company, et al., File Nos. 59-11, petitive bidding pursuant to Rule U-50 U-65 thereunder, regarding the submis­ 59-17 and 54-25. and contains copies of the bidding papers sion, to the holders of its outstanding Notice is hereby given that American and a statement of the terms and condi­ preferred stock for their approval, of Light & Traction Company (“American tions relating to the sale, appropriate fi­ certain proposed charter amendments Light” ) has filed a supplemental appli­ nancial statements, and a request that concerning (1) the reclassification of cation-declaration covering the terms the bidding period provided for by Rule Minnesota’s presently authorized 2,000,- and conditions upon which it proposes to U-50 be shortened from ten days to seven 000 shares of common stock of the par sell 450,000 shares of common stock of days. Upon the time schedule presented Value of $10 per share of which 550*000 The Detroit Edison Company (“Detroit in the supplemental application-declara­ shares are outstanding, to a like number Edison” ) in accordance with the appli­ tion, it is contemplated that invitation of shares without par value; (2) a pro­ cable provisions of the Public Utility for bids will be published on or about vision that the consideration received Holding Company Act of 1935 (“ act” ) December 30, 1947 and that bids will be from the sale of stock without par value and the rules thereunder. opened on or about January 6, 1948. .will be stated in the common capital Notice is further given that any inter­ In connection with the sale of the 450,- stock account; (3) modification of the ested person may, not later than De­ 000 shares of Detroit Edison common present charter provision pertaining to cember 23, 1947 at 5:30 p. m., e. s. t., re­ stock, American Light requested author­ certain restrictions on the payment of Wednesday, Decem ber 24, 1947 FEDERAL REGISTER 8785 dividends on the common stock; and (4) ding requirements of Rule U-50 and has of a designated enemy country (Ger­ modification of the present charter pro­ received the following bids: many) ; vision pertaining to the issuance of un­ Price 3. That such property is in the process secured indebtedness; and said declara­ Bidding group headed by: per share of administration by Harry E. Samson, tion, as amended, also proposing that Dillon, Read & Co., Inc______$25.80 Administrator, Plankinton Building, Mil­ Minnesota employ the firm of Georgeson Blyth & Co., Inc______25.755 waukee, Wisconsin, acting under the & Company to assist it in the solicitation The amendment further stating that judicial supervision of the County Court of proxies from its preferred stockholders Light & Power has accepted the bid of of Milwaukee County, Wisconsin. in connection with the proposed charter Dillon, Read & Co., Inc. for said Common and it is hereby determined: amendments; and Stock of Northern Natural as set out 4. That to the extent that the persons A public hearing having been held on above and that said Common Stock will identified in subparagraph 1 hereof are said application-declaration, as amended, be offered for sale to the public at a price not within a designated enemy country, after appropriate notice, and the Com­ of $27.00 per share, resulting in an under­ the national interest of the United States mission having examined the record and writers’ spread of $1.20 per share; and requires that such persons be treated as having made and filed its memorandum The Commission having examined said nationals of a designated enemy coun­ opinion herein: amendment and having considered the try (Germany) ; It is ordered, That the said applica­ record herein and finding no basis for All determinations and all action re­ tion-declaration, as amended, Jje, and imposing terms and conditions with re­ quired by law, including appropriate the same hereby is, granted and per­ spect to the price to be paid for said Com­ consultation and certification, having mitted to become effective forthwith, mon Stock and the underwriters’ spread been made and taken, and, it being subject to the terms and conditions con­ and its allocation: deemed necessary in the national in­ tained in Rule U-24. I t is ordered, That jurisdiction hereto­ terest, fore reserved with respect to the matters By the Commission. There is hereby vested in the Attorney to be determined as a result of competi­ General of the United States the prop­ [ seal] O rval L. D u B o is , tive bidding pursuant to Rule U-50 be, erty described above, to be held, used, Secretary. and hereby is, released and that said administered, liquidated, sold or other­ [F. R. Doc. 47-11237; Filed, Dec. 22, 1947; application-declaration, as further wise dealt with in the interest of and 8:46 a. m.] amended, be, and it hereby is, granted for the benefit of the United States. and permitted to become effective forth­ The terms “ national” and “ designated with, subject, however, to the terms and enemy country” as used herein shall conditions prescribed in Rule U-24. have the meanings prescribed in section [File No. 70-1678] It is further ordered, That the juris­ 10 of Executive Order 9193, as amended. diction heretofore reserved over the pay­ N orth A m e r ic a n L ig h t & F o w e r C o . ment of fees of engineer, accountants Executed at Washington, D. C., on SUPPLEMENTAL ORDER RELEASING JURISDIC­ and counsel for Light & Power, and fees November 17, 1947. TION W ITH RESPECT TO COMPETITIVE BID­ of counsel for the successful bidder in For the Attorney General. DING, GRANTING AND PERMITTING APPLI­ connection with the proposed transac­ [ s e a l] D avid L. B a ze l o n , CATION-DECLARATION TO BECOME EFFEC­ tions be, and it hereby is, continued. Assistant Attorney General, TIVE AND CONTINUING JURISDICTION OVER By the Commission. Director, Office of Alien Property. CERTAIN FEES [ se al] O rval L. D u B o is , [F. R. Doc. 47-11295; Filèd, Dec. 23, 1947; At a regular session of the Securities Secretary. 8:53 a. m.] and Exchange Commission, held at its office in the City of Philadelphia, Pa., on [F. R. Doc. 47-11236; Filed, Dec. 22, 1947; 8:46 a. m.] the 16th day of December 1947. North American Light & Power Com­ [Vesting Order 10185] pany (“Light & Power” ), a registered holding company and a subsidiary of The DEPARTMENT OF JUSTICE Y o s h ih isa K u m a h ir o et al. North American Company, also a regis­ Office of Alien Property In re: Debts owing to Yoshihisa tered holding company, having filed an Kumahiro and others. D-39-18449-E-1, A u t h o r i t y : 40 Stat. 411, 55 Stat. 839, Pub. F-39-3657-E-l. application-declaration and amendment Laws 322, 671, 79th Cong., 60 Stat. 50, 925; 50 thereto pursuant to sections 10, 11 and U. S. C. and Supp. App. 1, 616, E. O. 9193, Under the authority of the Trading 12 (d) of the Public Utility Holding Com­ July 6, 1942, 3 CFR, Cum. Supp., E. O. 9567, with the Enemy Act, as amended, Ex­ pany Act of 1935 and Rules U-23, U-44 June 8, 1945, 3 CFR, 1945 Supp., E. O. 9788, ecutive Order 9193, as amended, and and U-59 promulgated thereunder, re­ Oct. 14, 1946, 11 F. R. 11981. Executive Order 9788, and pursuant to garding, among other matters, the pro­ [Vesting Order 10166] law, after investigation, it is hereby posed sale by Light & Power of its hold­ found: / ings of 710,500 shares of Common A n n a K u b ic h e c k 1. That Yoshihisa Kumahiro, whose Stock, of the par value of $10 per share, In re: Estate of Anna Kubicheck, de­ last known address is , is a resident of Northern Natural Gas Company ceased. Pile No. D-28-10021; E. T. sec. of Japan and a national of a designated (“Northern Natural” ), pursuant to the 14217. enemy country (Japan); competitive bidding requirements of Rule Under the authority of the Trading 2. That F. Kozai, who there is reason­ U-50; and with the Enemy Act, as amended, Execu­ able cause to believe is a resident of The Commission by order dated De­ tive Order 9193, as amended, and Execu­ Japan, is a national of a designated cember 4,1947, having granted and per­ tive Order 9788, and pursuant to law, enemy country (Japan); mitted to become effective said applica­ after investigation, it is hereby found: 3. That Jiro Kozai, also known as J. tion-declaration, as amended, subject, 1. That Franz Ratzesberger, Joseph Kozai, whose last known address is however, to the condition, among others, Ratzesberger, Heinrich Ratzesberger, Japan, is a resident of Japan and a na­ that the proposed sale of Common Stock Louisa Koch, Bertha Hackl Freynng, tional of a designated enemy country of Northern Natural by Light & Power Rosamunde Gibis, Anna Pribil, and Kathi (Japan); should not be consummated until the (Katie) Kratz, whose last known ad­ 4. That the property described as fol­ results of the competitive bidding pur­ dress is Germany, are residents of Ger­ lows: That certain debt or other obliga­ suant to Rule U-50 shall have been made many and nationals of a designated tion of Superintendent of Banks of the a matter of record herein, and a further enemy country (Germany); State of California and Liquidator of The order shall have been entered in the light 2. That all right, title, interest and Sumitomo Bank of California, c/o State of the record so completed; and claim of any kind or character whatso­ Banking Department, 111 Sutter Street, Applicant-declarant having filed a ever of the persons identified in subpara­ San Francisco, California, arising out of further amendment herein stating that graph 1 hereof, and each of them, in and savings account number 9139 entitled Light & Power has offered for sale its to the estate of Anna Kubicheck, de­ Kumadai Sakaguchi, and any and all holdings of Common Stock of Northern ceased, is property payable or deliverable rights to demand, enforce and collect the Natural pursuant to the competitive bid­ to, or claimed by, the aforesaid nationals . same, 8786 NOTICES is property within the United States [Vesting Order 10321] [Vesting Order 10342] owned or controlled by, payable or de­ J acob M ulle r C harles H. N eh ls liverable to, held on behalf of or on ac­ count of, or owing to, or which is evidence In re: Estate of Jacob Muller, de­ In re: Estate of Charles H. Nehls, de­ of ownership or control by Yoshihisa ceased. File No. D-28-12121; E. T. sec. ceased. File D-28-11515 ; E. T. sec. 15740. Kumahiro, the aforesaid national of a 16324. Under the authority of the Trading designated enemy country (Japan); Under the authority of the Trading with the Enemy Act, as amended, Execu­ 5. That the property described as fol­ with the Enemy Act, as amended, Ex­ tive Order 9193, as amended, and Execu­ lows : Those certain debts or other obliga­ ecutive Order 9193, as amended, and tive Order 9788, and pursuant to law, tions owing to F. Kozai and Jiro Kozai, Executive Order 9788, and pursuant to after investigation, it is hereby found: also known as J. Kozai by The Yokohama law, after investigation, it is hereby 1. That Katherine Gramlich, Nina Al- Specie Bank, Ltd., San Francisco, Office, found: trieth, Lydia Altrieth and Wilhelm Al- and/or Superintendent of Banks of the 1. That Margarethe Schock, Klara trieth, whose last known address is Ger­ State of California and Liquidator of Fischer and Sophie Gorlach, whose last many, are residents of Germany and na­ The Yokohama Specie Bank, Ltd., San known address is Germany, are residents tionals of a designated enemy country Francisco Office, c/o State Banking De­ of Germany and nationals of a desig­ (Germany) ; partment, 111 Sutter Street, San Fran­ nated enemy country (Germany); 2. That all right, title, interest and cisco, California, arising out of demand 2. That all right, title, interest and claim of any kind or character whatso­ deposit account number 8493 and fixed claim of any kind or character whatso­ ever of^the persons named in sub-para­ deposit account number 90834, and any ever of the persons identified in sub- graph 1 hereof in and to the Estate of and all rights to demand, enforce and paragraph 1 hereof and each of them, Charles H. Nehls, deceased, is property collect the same, in and to the Estate of Jacob Muller, de­ payable or deliverable to, or claimed by, ceased, is property payable or deliver­ the aforesaid nationals of a designated is property within the United States able to, or claimed by, the aforesaid na­ enemy country (Germany) ; owned or controlled by, payable or de­ tionals of a designated enemy country 3. That such property is in the process liverable to, held on behalf of or on ac­ (Germany); of administration by Gilbert Halwas, Ad­ count of, or owing to, or which is evidence 3. That such property is in the process ministrator, d. b. n. c. t. a., acting under of ownership or control by F. Kozai and of administration by Albert J. Weitzel, the judicial supervision of the County Jiro Kosai, also known as J. Kozai, the as administrator, acting under the judi­ Court of Milwaukee County, Wisconsin; aforesaid nationals of a designated cial supervision of the Surrogate’s Court, enemy country (Japan); and it is hereby determined: Tomkins County, New York; 4. That to the extent that the persons and it is hereby determined: and it is hereby determined: * named in subparagraph 1 hereof are not 6. That to the extent that the persons 4. That to the extent that the persons within a designated enemy country, the named in subparagraphs 1,2 and 3 here­ named in subparagraph 1 hereof are not national interest of the United States of are not within a designated enemy within a designated enemy country, the requires that such persons be treated as country, the national interest of the national..interest of the United States nationals of a designated enemy country United States requires that such persons requires that such persons be treated as (Germany). be treated as nationals of a designated nationals of a designated enemy country enemy country (Japan). All determinations and all action re­ (Germany). quired by law, including appropriate con­ All determinations and all action re­ All determinations and all action re­ quired by law, including appropriate con­ sultation and certification, having been quired by law, including appropriate con­ made ja-nd taken, and, it being deemed sultation and certification, having been sultation and certification, having been made and taken, and, it being deemed made, and taken, and, it being deemed necessary in the national interest, necessary in the national interest, necessary in the national interest, There is hereby vested in the Attorney There is hereby vested in the Attorney There is hereby vested in the Attorney General of the United States the property General of the United States the property General of the United States the property described above, to be held, used, ad­ described above, to be held, used, admin­ described above, to be held, used, admin­ ministered, liquidated, sold or otherwise istered, liquidated, sold or otherwise dealt istered, liquidated, sold or otherwise dealt dealt with in the interest of and for the with in the interest of and for the benefit with in th l interest of and for the benefit benefit of the United States. of the United States. of the United States. The terms “ national” and “designated The terms “national” and “ designated The terms “national” and “ designated enemy country” as used herein shall have enemy country” as used herein shall have enemy country” as used herein shall have the meanings prescribed in section 10 of the meanings prescribed in section 10 of the meanings prescribed in section 10 of Executive Order 9193, as amended. Executive Order 9193, as amended. Executive Order 9193, as amended. Executed at Washington, D. C., on Executed at Washington, D. C., on No­ Executed at Washington, D. C., on December 15, 1947. vember 17,1947. December 11, 1947. For the Attorney General. For the Attorney General. For the Attorney General. [ seal] D avid B azelo n , [ se al] D avid L. B a ze lo n , [ se al] D avid L. B a ze l o n , L. Assistant Attorney General, Assistant Attorney General, Assistant Attorney General, Director, Office of Alien Property. Director, Office of Alien Property.' Director, Office of Alien Property. [F. R. Doc. 47-11296; Filed, Dec. 23, 1947; [F. R. Doc. 47-11298; Filed, Dec. 23,- 1947; [F. R. Doc. 47-11299; Filed, Dec. 23, 1947; 8:54 a. m.] 8:54 a. m.} 8:54 a. m.]