VOLUME 13 1 9 3 4 ¿ y NUMBER 180

Washington, Wednesday, September 15, 1948

tional Employ the Physically Handi­ CONTENTS TITLE 3— THE PRESIDENT capped Week. I also call upon the Gov­ THE PRESIDENT PROCLAMATION 2812 ernors of States, the mayors of cities, and other public officials, as well as lead­ Proclamations National Employ the P hysically ers of industry and labor, of civic, vet­ H andicapped W eek, 1948 Columbus Day, 1948------5357 erans’, farm, women’s, and fraternal National Employ the Physically BY THE PRESIDENT OF THE UNITED STATES organizations, and of other groups rep­ Handicapped Week, 1948------5357 resentative of our national life, to lend OF AMERICA full-support to the observance of the* Executive Orders A PROCLAMATION week, in order to enlist public interest in Canal Zone; suspension of certain WHEREAS our Nation would be mate­ effectuating full employment of the statutory provisions relating to rially strengthened and our democracy handicapped. employment------5360 enriched if all citizens capable of per­ IN WITNESS WHEREOF, I have Officers of Foreign Service and forming any kind of useful labor were hereunto set my hand and caused the other officers of U. S. Govern­ afforded opportunities for suitable em­ Seal of the United States of America ment; rules of precedence------5359 ployment; and to be affixed. WHEREAS the millions of disabled DONE at the City of Washington this EXECUTIVE AGENCIES persons in the United States, both mili­ 13th day of September, in the year of Agriculture Department tary and civilian, should be encouraged our Lord nineteen hundred and See also Entomology and Plant to avail themselves of the facilities for [seal] forty-eight, and of the Inde­ Quarantine Bureau. rehabilitation and training, as well as the pendence of the United States Proposed rule making: services for placement, provided by our of America the one hundred and seventy- General sugar regulations------5382 Federal, State, and local governments; third. Rules and regulations: and H arry S. T ruman Food assistance funds; fourth WHEREAS war-production records By the President: apportionment;------5362 and recerit industrial surveys show that Fruits and vegetables, processed handicapped workers, when selectively G. C. M arshall, products thereof, and certain placed, perform their tasks as well as or Secretary of State. other processed food products; better than those without handicaps; [F. R. Doc. 48-8346; Filed, Sept. 14, 1948; revised regulations (Corr.)__ 5360 and 11:30 a. m.] Pears in Oregon, Washington, WHEREAS acceptance of the handi­ and California------5360 capped by employers will be the means of bringing opportunity for economic in­ Alien Property, Office of dependence and full participation in our Notices: democratic life to citizens who, despite PROCLAMATION 2813 Vesting orders, etc.: Block, Ida------5389 physical impairments, are willing and Columbus D ay, 1948 able to perform a wide variety of essen- Costs and expenses incurred in BY THE PRESIDENT OF THE UNITED STATES certain Ohio, Arizona and WHEREAS, in order to secure greater OF AMERICA New Jersey court actions— ... 5391 voluntary cooperation in employment of Eckart, Edmund, and New the handicapped on the part of thq public A PROCLAMATION Rochelle Trust Co------5390 generally, I have established the Presi­ WHEREAS four hundred and fifty-six Knittel, Anton------5390 dent’s Committee on National Employ years ago Christopher Columbus broad­ Reiss, Joseph------5391 the Physically Handicapped Week, com­ ened the world’s horizons through his Schulz, William S------5390 posed of leaders of organizations outside keen vision, his indomitable spirit, and Shimizu, Tomisaburo------5392 the Government; and his unflagging persistence; and Spork, Maria______5391 WHEREAS the Congress, by a joint WHEREAS the old world which gave Tsutakawa, Joji G------5392 resolution approved August 11, 1945 (59 him birth and the new world which he Uyema, Shiho______5392 Stat. 530), has designated the first week discovered are now joined in closer rela­ Army Department in October of each year as National Em- ■ tionship not only through modern mira­ Rules and regulations: ploy the Physically Handicapped Week, cles ofj speed but also through mutual Chesapeake Bay, Maryland and during which time appropriate cere­ need for the achievement of lasting peace Virginia, and its'“ tributaries; monies are to be held throughout the and a higher civilization; and fishing------5375 Nation, and has requested the President WHEREAS •it is fitting that the ex­ to issue a suitable proclamation each ploits of this gallant navigator, who has Child Labor Branch year: enriched the lives of all peoples by show­ Proposed rule making: ing the way to a land of unparalleled op­ Minors between 16 and 18 years NOW, THEREFORE, I, HARRY S. of.age; employment in occu­ TRUMAN, President of the United States portunities, should be commemorated on of America, do hereby call upon the peo­ the anniversary of his finding that land; pations involved in operation ple of the United States to .observe the and of power-driven fiold-metal- week beginning October 3, 1948, as Na­ (Continued on p. 5359) working machines______5381 5357 5358 RULES AND REGULATIONS

CONTENTS— Continued CONTENTS— Continued

Defense Transportation, Office Page State Department Page FEDEMLlpEGISTER of Notices : , V. 1934 ¿r Rules and regulations: Interim Office for German Af- Rail equipment, conservation; fairs; schedule of fees_____ 5382 shipments of green sweet Tariff Commission potatoes______5380 Notices : Published daily, except Sundays, Mondays, Exception______5381 U. S. Distillers Tariff Commit­ and days following official Federal holidays, tee; application for relief by the Division of the Federal Register, the Entomology and Plant Quaran­ from alleged injury due to in- National Archives, pursuant to the authority tine Bureau creased imports______5389 contained in the Federal Register Act, ap­ Rules and regulations: proved July 26, 1935 (49 Stat. 500, as Treasury Department amended; 44 U. S. C., ch. 8B), under regula­ Mexican fruitfly quarantine; See also Coast Guard; Customs tions prescribed by the Administrative Com­ administrative instructions, Bureau; Internal Revenue Bu­ mittee, approved by the President. Distribu­ lifting permit and steriliza­ reau. tion is made only by the Superintendent of tion requirements______5360 Documents, Government Printing Office, Rules and regulations: Washington 25, D. C. Federal Power Commission Checks^ and warrants to ad­ The regulatory material appearing herein is Notices: dresses outside U. S., its terri­ keyed to the Code of Federal Regulations, Hearings, etc.: v . tories and possessions; with­ which is published, under 50 titles, pursuant holding of delivery______5375 to section 11 of the Federal Register Act, as El Paso Gas Transportation amended June 19, 1947. Corp_____ 5388 Veterans’ Administration The Federal Register will be furnished by First Iowa Hydro-Electric Co­ Rules and regulations: mail to subscribers, free of postage, for $1.50 operative ______5388 Adjudication, disallowance and per month or $15.00 per year, payable in ad­ New York State Electric and awards; application for in­ vance. The charge for individual copies Gas Corp______*__ 5388 crease based upon changed (minimum 15#) varies in proportion to the New York State Natural Gas physical condition..-_____ 5379 size of the issue. Remit check or money order, made payable to the Superintendent Corp. et al______5388 of Documents, directly to the Government Potomac Gas Co______5388 CODIFICATION GUIDE Printing Office, Washington 25, D. ,C. Federal Trade Commission A numerical list of the parts of the Code There are no restrictions on the republica­ of Federal Regulations affected by documents tion of material appearing in the Federal Rules and regulations: published in this issue. Proposed rules, as Register. Baby chick industry; trade opposed to final actions, are identified as practice rules__:______5362 such. Immigration and Naturalization Title 3— The President Page Service Chapter I—Proclamations: Now Available Rules and regulations: 2812 . . . ______5357 Civil air navigation; miscella- 2813 ______5357 UNITED STATES ~ neous amendments___,____ 5362 Chapter II—Executive Orders: 8356 (superseded by EO 9998) __ 5359 GOVERNMENT Internal Revenue Bureau 8377 (superseded by EO 9998) __ 5359 MANUAL Rules and regulations: 9998 ____ 5359 Malt liquor, fermented; miscel­ 9999 ______5360 1948 Edition laneous amendments______5370 Title 7— Agriculture (Revised through June 30) National Military Establishment Chapter I—Production and Mar­ keting Administration (Stand­ Published by the Division of the Federal Notices: ards, Inspections, Marketing Register, the National Archives Aviation cadets and aviation Practices) : students; transfer of func- Part 52—Processed fruits and 722 pages— $1.00 a copy ? tions relating to procurement, vegetables, processed products appointment, administration, thereof, and certain other Order from Superintendent of Documents, and training, from Depart­ processed food products____ 5360 United States Government Printing Office, ment of the'Army to Depart­ Washington 25, D. C. - Chapter III—Bureau of Ento­ ment of the Air Force______5383 mology and Plant Quaran­ Rules and regulations: tine, Department of Agricul­ Transfer orders, publication 5375 ture : CONTENTS— Continued Publjc Health Service Part 301—Domestic quarantine notices______5360 Civil Aeronautics Board Pase Rules and regulations : Chapter VIII—Production and Notices: Foreign quarantine; miscella­ Marketing Administration , International Air Transport neous amendments______5379 (Sugar Branch) : Assn.; hearing on free and Interstate quarantine; miscel­ Part 801—General sugar regu­ reduced-rate transportation laneous amendments______5379 lations (proposed)_... ____ 5382 case______2*______5389 Reclamation Bureau Chapter EX—Productign and Mar­ keting Administration (Mar­ Coast Guard Notices: « keting Agreements and Proposed rule making: Bear Riyer project, Utah; first Orders) : Inspection and navigation and form reclamation with­ Part 939—Beurre d’Anjou, Merchant Marine Council; drawal _-______5388 Beurre Bose, Winter Nelis, hearing______5382 Klamath irrigation project, Doyenne du Comice, Beurre Oregon and California; avail­ Community Facilities Bureau Easter and Beurre Clairgeau ability of water for public varieties of pears grown in Rules and regulations: .lands and opening of public Oregon, Washington, and Delegations of authority; school lands to entry______5383 California______5360 assistance program,. 1949___ 5380 Rules and regulations: Chapter XIV—Production and Customs Bureau Klamath irrigation project, Ore­ Marketing Administration Rules and regulations: gon and California; applica­ (School Lunch Program) : Air commerce; miscellaneous tions for entry on public lands Appendix—Apportionment of amendments______5369 and water rental______5380 assistance funds..------5362 Wednesday, September 15,1948 FEDERAL REGISTER 5359 shall take precedence over all officers or CODIFICATION GUIDE— Con. CODIFICATION GUIDE— Con. accredited representatives of other Exec­ utive departments or establishments. Title 8— Aliens and Nationality Pa«e Title 46— Shipping 2. In the absence of the titular head of Chapter I—Immigration and Nat­ Chapter I—Coast Guard: Inspec­ the mission, the chargé d’affaires ad'in­ uralization Service, Depart­ tion and Navigation: Part 146—Transportation or terim shall take precedence over all offi­ ment of Justice: storage of explosives or other cers or accredited representatives of Part 116—Civil air navigation— 5362 dangerous articles or sub­ other Executive departments or estab­ lishments. Title 16— Commercial Practices stances, and combustible liq­ 3. At a diplomatic mission the officer Chapter I—Federal Trade Com­ uids on board vessels (pro­ who takes charge in the absence of the mission: posed) ______5382 chief of mission shall always take preced­ Part 178—Baby chick industry. 5362 Title 49— Transportation and ence next in succession to the chief of Title 19— Customs Duties Railroads mission: Provided, That unless the chief Chapter I—Bureau of Customs, Chapter II—Office of Defense of mission is absent, such officer shall, Department of the Treasury; Transportation: consonant with the last sentence of sec­ Part 6—Air commerce regula­ Part 500—Conservation of .rail tion 109 (a) of the Foreign Assistance tions ____-— ------5369 equipment______5380 Act of 1948 (Public Law 472, 80th Con­ Part 520—Conservation of rail gress), and during the continuance in Title 26— Internal Revenue ___ equipment; exceptions, per­ force of such Act, take precedence after Chapter I—Bureau of Internal mits, and special directions— 5381 the chief of special mission. Revenue, Department of the 4. Military, naval, and air attachés Treasury: shall take precedence next in succession Part 192—Fermented malt liq­ WHEREAS the Congress of the United after the counselors of embassy or lega­ uors ______—- 5370 States, by a joint resolution approved tion or, at a post where the Department April 30, 1934 (48 Stat. 657), has author­ of State has deemed it unnecessary to Title 29— Labor ized and requested the President to issue assign a counselor, after the senior secre­ Chapter IV—Child Labor Branch, a proclamation designating October 12 tary. Military, naval, and air attachés Department of Labor: of each year as Columbus Day: shall take precedence among themselves Part 422—Occupations particu­ NOW, THEREFORE, I, HARRY S. according to their respective grades and larly hazardous for the em­ TRUMAN, President of the United seniority therein. ployment of minors between 16 States of America, do hereby designate 5. Attachés who are not officers of the and 18 years of age or detri­ Tuesday, October 12, 1948, as Columbus Foreign Service and who are not covered mental to their health or well­ Day, and I invite the people of the United by section 4 shall take precedence with being (proposed)------5381 States to observe the day with appro­ but after military, naval, and air at­ priate ceremonies in their homes, their tachés. Title 31— Money and Finance: schools, their churches, and in other 6. Officers of the Foreign Service below Treasury suitable places. I also direct that the the rank of counselor shall take preced­ Chapter II—Fiscal Service, De­ flag of the United States be displayed ence among themselves as the Secretary partment of the Treasury: on all Government buildings on that day. of State may direct; but they shall take Part 211—Delivery of checks and IN WITNESS WHEREOF, I have here­ precedence after military, naval, and air warrants to addresses outside unto set my hand and caused the Seal attachés and attachés who are not offi­ the United States, its terri- of the United States of America to be cers of the Foreign Service, except when - tories and possessions------5375 affixed. the provisions of section 11 hereof are DONE at the City of Washington this applicable and such officers of the For­ Title 32— National Defense 13th day of September in the year of eign Service are also assigned as diplo­ Chapter I—Secretary of Defense. 5375 our Lord nineteen hundred and matic officers. Title 33— Navigation and Navi­ [ seal] forty-eight, and of the Inde­ 7. Assistant military, naval, and air gable Waters pendence of the United States of attachés shall take precedence next after America the one hundred and seventy- the lowest ranking second secretary. At Chapter II—Corps of Engineers, a post to which there is no second secre­ Department of the Army: third. H arry S. T ruman tary assigned, assistant military, naval, Part 206—Fishing and hunting add air attachés shall take precedence as regulations ------5375 By the President: . a group among the officers of the Foreign Title 38— Pensions, Bonuses, G. C. M arshall, Service of rank equivalent to second sec­ and Veterans’ Relief Secretary of State. retaries as the chief of mission may di­ rect. Assistant military, naval, and air Chapter I—Veterans’ Administra­ [F. R. Doc. 48-8347; Filed, Sept. 14, 1948; attachés shall take precedence among tion: 11:30 a. m.] Part 3—Adjudication; disallow­ themselves according to their respective grades and seniority therein. ance and awards------5379 8. Assistant attachés who are not offi- Title 42— Public Health * cers of the Foreign Service and who are Chapter I—Public Health Service, EXECUTIVE ORDER 9998 not covered by section 7 shall take prece­ Federal Security Agency: dence with but after assistant military, R ules of P recedence R elating to Of f i­ naval, and air attachés. Part 71—Foreign quarantine— 5379 cers of the F oreign S ervice and Other Part 72—Interstate quarantine. 5379 9. Except as provided herein no extra Officers of the U nited S tates G ov­ precedence shall be conferred upon an Title 43-—Public Lands: Interior ernment Army, Naval, Marine, or Air Force offi­ Chapter II—Bureau of Reclama­ By virtue of the authority vested in cer because of his duties as attaché to tion, Department of the Inte­ me by section 1752 of the Revised Stat­ a diplomatic mission. rior: utes (22 U. S. C. 132), and as President 10. At ceremonies and receptions Part 401—Applications for en­ of the United States, and in the interest where the members of the mission take try on public lands and water of the orderly conduct abroad of the for­ individual position, and in the lists fur­ rental_____.______5380 eign-affairs functions of the United nished foreign governments for inclusion Title 44— Public Property and States, I hereby prescribe the following in their diplomatic lists, precedence shall Works rules governing precedence among offi­ follow the ranking indicated in the pre­ Chapter II—Bureau of Commu­ cers of the Foreign Service and officers ceding sections. nity Facilities, Federal Works or accredited representatives of other 11. At ceremonies and receptions Agency: Government agencies: where the personnel of diplomatic mis­ Part 213—Delegations of au­ 1. In the country to which he is accred­ sions are present as a body, the chief of thority______5380 ited, the chief of the diplomatic missioa mission, or chargé d’affaires ad interim, 5360 RULES AND REGULATIONS . \ accompanied by all officers of the For­ of the respective Acts which require the have been given. Further, administra­ eign Service included in the diplomatic employment of citizens of the Republic tive instructions contained in B. E. P. Q list, shall be followed next by the mili­ of Panama or of the United States in 569 (7 CFR § 301.64-4f, 13 F. R. 2193), tary, naval, and air attachés and assist­ skilled, technical, clerical, administra­ requiring that effective Î2:01 a. m., April ant attachés, and other attachés and tive, executive, or supervisory positions. 24, 1948, and continuing throughout the assistant attachés who are not officers of H arry S. T ruman 1947-48 harvesting season, all grapefruit, the Foreign Service, formed as distinct as a condition of certification for inter­ groups in the order determined by their T he W hite H ouse, state movement from the Texas counties respective grades and seniority. September 14, 1948. of Cameron, Hidalgo, and Willacy, shall 12. In international conferences at [F. R. Doc. 48-8343; Filed, Sept. 14, 1948; be sterilized in accordance with the which the American delegates possess 11:14 a. m.] methods authorized in B. E. P. Q. 472, plenipotentiary powers, the senior coun­ revised effective September 25, 1941, are selor of embassy or legation attached to hereby revoked, effective September. 11, the délégation shall take precedence im­ TITLE 7— AGRICULTURE 1948. mediately after the delegates, unless These administrative instructions also otherwise instructed by the Secretary of Chapter I— Production and Marketing cancel and supersede B. E. P. Q. 567, State. Administration (Standards, Inspec­ effective February 9, 1948 (7 CFR 13. In the districts to which they are tions, Marketing Practices) § 301.64-3f, 13 F. R. 611) and B. E. P. Q. assigned, consuls general shall take 568, effective March 6, 1948 (7 CFR precedence with but after brigadier gen­ P art 52—P rocessed F ruits and Vege­ § 201.64-3g, 13 F. R. 1303). (Sec. 8, 37 erals in the Army, Air Force, and Marine tables, P rocessed P roducts T hereof, Stat. 318, as amended; 7 U. S. C. 161; 7 Corps and commodores in the Navy; con­ and Certain O ther P rocessed F ood CFR 1945 Supp., 301.64-3 (a), 301.64-4) suls shall take precedence with but after P roducts The purpose of this action is to discon­ colonels in the Army, Air Force, and Ma­ REVISED REGULATIONS tinue until further notice all permit and rine Corps and captains in the Navy; sterilization requirements now prescribed officers of the Foreign Service commis­ Correction as a condition for the interstate move­ sioned as vice consuls shall take preced­ In F. R. Document 48-8179, appearing ment of regulated citrus fruits from the ence with but after captains in the Army, in the issue for Saturday, September 11, area regulated on account of the Mexican Air Force, and Marine Corps and lieu­ 1948, at .page 5300, change the Unoffi­ fruitfly. A trapping survey conducted tenants in the Navy. cially drawn samples in § 52.42 (b) (4) in the regulated area during the last 14. Officers of the Foreign Service with to read as follows: v * several weeks indicates that the above- the title of consul general, consul, or vice Unofficially drawn samples mentioned counties have entered upon consul shall take precedence with respect the period during which they are season­ to medical officers of the Public Health Minimum fee for 3 samples or less__ $7. 50 For each additional sample in excess ally free' from the Mexican fruitfly. It Service assigned to duty in American of 3 samples______2. 50 is therefore feasible to discontinue tem­ consular offices as follows; consul general porarily the precautions now in effect. before medical director; consul with but Such action relieves citrus growers in after medical director; vice consul with the affected area of requirements that but after senior assistant surgeon: Pro­ have been in effect during most of the vided, That this regulation shall not Chapter IH— Bureau of Entomology present calendar year. In order to be of operate to give precedence to any medi­ and Plant Quarantine, Department maximum benefit to the affected grow­ cal officer above that of the consular of Agriculture ers, the relief from these requirements officer in charge. [B. E. P. Q. 573] must be effective as soon as possible. 15. This order supersedes Executive Accordingly, pursuant to the provisions Orders No. 8356 of March 2, 1940, and P art 301—D omestic Quarantine N otices of sectipn 4 of the Administrative Pro­ No. 8377 of March 18, 1940 (3 CFR Cum. cedure Act (60 Stat. 238), it is found, Supp. 624, 632). MEXICAN FRUITFLY QUARANTINE; ADMINIS­ TRATIVE instructions; lifting permit upon good cause, that notice and public H arry S. T ruman AND STERILIZATION REQUIREMENTS procedure on this order are unnecessary v impractical, and contrary to the public T he W hite H ouse, Pursuant to the authority conferred September 14, 1948. interest, and good cause is found for the upon the Chief of the Bureau of Ento­ issuance of this order effective ISss than [F. R. Doc. 48-8336; Filed, Sept. 14, 1948; mology and Plant Quarantine by 30 days after publication in the F ederal 10:43 a. m.J § 301.64-3 (a) and § 301.64-4 of the reg­ R egister. ulations supplemental to the Mexican fruitfly quarantine (7 CFR 1945 Supp., Done at Washington, D. C., this 9th § § 301.64-1 through 301.64-7), the follow­ day of September 1948. EXECUTIVE ORDER 9999 ing administrative instructions are here­ [seal] Avery S. H oyt, by adopted: S uspending Certain S tatutory P rovi­ Acting Chief, Bureau of sio ns R elating to E mployment in § 301.64-3h Administrative instruc­ Entomology and Plant Quarantine. the Canal Zone tions lifting permit and sterilization re­ [F. R. Doc. 48-8243; Filed, Sept. 14, 1948; By virtue of the authority vested in me quirements for interstate movement of 9:04 a. m.] by section 2 of the Civil Functions Appro­ citrus fruits until further notice. The priation Act, 1949 (Public Law 782, 80th Chief of the Bureau of Entomology and Congress), section 103 of the Department Plant Quarantine, having determined of the Navy Appropriation Act, 1949 that natural^ conditions exist, with re­ Chapter IX— Production and Market­ (Public Law 753, 80th Congress), and spect to the area regulated by Notice of ing Administration (Marketing section 4 of the Military Functions Ap­ Quarantine No. 64 on account of the Agreements and Orders) propriation Act, 1949 (Public Law 766, Mexican fruitfly (7 CFR 1945 Supp., 80th Congress), relating to certain kinds 301.64 to 301.64-7, incl.), which eliminate P art 939— R egulating the H andling of of employment in the Canal Zone, and the risk of Mexican fruitfly infestations the B eurre d’An jo u , B eurre Bose, deeming such course to be in the public in regulated citrus fruits during the ex­ W inter N elis, D oyenne du Comice, interest, I hereby suspend, from and in­ tended 1947-48 harvesting season as des­ B eurre Easter,—and B eurre Clairgeau cluding the effective dates of the, said ignated in B. E. P. Q. 568, supplement Varieties of P ears G rown in Oregon, No. 2, effective July 31, 1948 (7 CFR W ashington, and California Acts, compliance with the provisions of § 301.64-5e, 13 F. R. 4567), and during the said sections during the continuance the overlapping early part of the 1948- On July 20, 1948, a notice of rule mak; of the present national emergency. 49 shipping season, hereby waives the ing was published in the F ederal R egis­ Finding such action necessary because permit requirements for interstate move­ ter (F. R. Doc. 48-6466; 13 F. R. 4128, of a shortage of housing, I hereby sus­ ment of such fruits from such regulated 5214) with respect to the proposed ap­ pend for the fiscal year 1949 the applica­ area, effective September 11, 1948, and proval by the Secretary of Agriculture tion Of those portions of the cited sections until due notice of their resumption shall of the rules and regulations, submitted Wednesday, September 15,1948 FEDERAL REGISTER 5361 by the Control Committee established regulations in effect at the time the ap­ sion involved. Upon receipt of such ap­ under the marketing agreement and plication is filed; peal, the secretary of the Control Com­ Order No. 39 (7 CFR, Cum. Supp., 939.1 (5) The quantity of such variety mittee shall submit the same, together et seq.), regulating the handling of the which meets the requirements of the with all applicable information and data, Beurre d’Anjou, Beurre Bose, Winter aforesaid effective grade and size regu­ including the report of the exemption Nelis, Doyenne du Cornice, Beurre Eas­ lations; committee on that grower’s application ter, and Beurre Clairgeau varieties of (6) The total crop of the particular to the members of the Control Commit­ pears grown in the States of Oregon, variety of pears and the quantity shipped tee, who thereafter shall review the same Washington, and California. The fol­ during the preceding marketing season; and shall determine whether and to what lowing rules and regulations are hereby (7) The names of the shippers who extent the applicant is entitled to an shipped all or any portion of the appli­ exemption certificate. Thereupon the approved as the rules and regulations secretary of the Control Committee shall of such committee: cant’s aforesaid crop during the preced­ ing marketing season; issue to that grower such exemption cer­ Sec. ' r (8) The reasons why the quantity of tificate as the Control Committee shall 839.100 Definitions. the particular variety of pears, for which determine to be proper. 939.101 Communications. (e) Appeal to Secretary. Any grower 939.104 Limitation of shipments. exemption is requested, does not meet the 939.106 Pears for by-product, charitable, or aforesaid effective grade and size regula­ who is dissatisfied with the Control Com­ gift purposes. tions; and mittee’s determination with respect to 939.107 -Reports. (9) The name of the shipper or ship­ any appeal by that grower from a deci­ sion by an exemption committee or by Authority: §§939.100, 939.101, 939.104, pers who will ship the exempted pears if 939 106, and 939.107 issued under 48 Stat. 31, the exemption certificate is issued. the secretary of the Control Committee as amended; 7 U. S. C. 601 e't seq.; 7 CFR* (b) Exemption committee. T h e with respect to that grower’s applica­ Cum. Supp., 939.1 et seq. members and alternate members of the tion for an exemption certificate, may appeal from such determination by the §939.100 Definitions, (a) “Market­ Control Committee Residing in the dis­ trict in which the applicant grower’s Control Committee to the Secretary of ing agreement and order” means Mar­ orchard is located shall act .as an exemp­ Agriculture. Any such appeal shall be keting Agreement 89 and Order No. 39 tion committee for that district and shall made by filing with the secretary of the (7 CFR, Cum. Supp., 939.1 et seq.), regu­ make or cause to be made such investi­ Control Committee a written notice of lating the handling of Beurre d’Anjou, appeal within fifteen (15) days after Beurre Bose, Winter Nelis, Doyenne du gation as may be necessary to determine whether and to what extent such appli­ notice to that grower of the Control Com­ Cornice, Beurre Easter, and Beurre Clair­ cant will be prevented, because of the mittee’s action on that grower’s appli­ geau varieties of pears grown in the cation for an exemption certificate. States of Oregon, Washington, and Cali­ aforesaid grade and size regulation - in effect, from shipping as large a percent­ Promptly upon receipt of notice of an fornia. appeal signed by the applicant, the secre­ (b) Each term used in the marketingage of the particular variety of his pears as the percentage of all pears of that tary of the ControTCommittee shall for­ agreement and order shall, when used ward to the Secretary of Agriculture, or herein, have the same meaning applica­ particular variety permitted to be shipped from his district as determined to his designated representative, a true ble to such term in the marketing agree­ by the Control Committee. In the event and correct copy of all information per­ ment and order. any member or alternate member of the taining to that grower’s application for § 939.101 Communications. Unless Control Committee shall himself apply an exemption certificate and the action otherwise prescribed herein or in the for an exemption certificate he shall be taken thereon by the Control Commit­ marketing agreement and order, or re­ disqualified to serve as a member of the tee, together with such written informa­ quired by the Control Committee, all re­ exemption committee to act upon the tion and proof as was submitted to or ports, applications, submittals, requests, application. obtained by the Control Committee with inspection certificates, and communica­ (c) Issuance of exemption certificate. regard to said application, and a true tions in connection with the marketing Iq, the event such exemption committee copy of the appellant grower’s notice of agreement and order shall be forwarded finds and determines from proof satis­ appeal. as follows: factory to the committee that the appli­ § 939.106 Pears for by-product, chari­ Winter Pear Control Committee* 519 cant is entitled to an exemption certifi­ table, or gift purposes, (a) Pears which Northwest Park Avenue, Portland 9, Oregon. cate, such exemption certificate shall be do not meet the requirements of any ef­ § 939.104 Limitation of shipments— issued so as to permit the applicant to fective grade or size regulation shall not (a) Exemption certificates; procedural ship or have shipped the requisite quan­ be shipped or handled for consumption rules. Application for an exemption cer­ tity of his pears. Each exemption cer­ by any charitable institution or for dis­ tificate shall be signed by the secretary tribution by any relief agency or for con­ tificate authorizing the shipment during or assistant secretary of the Control a particular marketing season of any version into any by-product, unless there Committee and one copy thereof shall be first shall have been delivered to the variety of pears shall be filed with the delivered to the grower, one copy shall be secretary of the Control Committee not manager of the Control Committee a delivered to each shipper designated by certificate executed by the intended re­ later than November 15 of such market­ the grower to receive a copy, and one ceiver and user of said pears, showing, to ing season. Each such application duly copy shall be retained in the files of the the manager’s satisfaction, that said mailed to and duly received by the secre­ Control Committee. In the event the pears actually will be used for one or tary of the Control Committee shall be secretary of the Control Committee has more of the aforesaid purposes. deemed to have been filed with the sec­ reason to believe that any such finding (b) There are exempted from the pro­ retary as of the date of such mailing. or determination by an exemption com­ visions of the marketing agreement and Each application shall contain the fol­ mittee is improper or not in accordance order any and all pears which, in individ­ lowing information on Form E-l with the facts, he may disapprove the ual gift packages, are shipped directly to, “Grower Application for Exemption Cer­ same, and shall make or cause to be made or which are shipped for distribution tificate”: such further investigation as he may de­ without resale to, an individual person (1) The name and address of the ap­ termine to be necessary or advisable, and as the consumer thereof, and any and plicant; may request or obtain such information all pears which, in individual gift pack­ (2) The location of the orchard (by as he may deem necessary to enable him ages are shipped directly to, or are to determine whether or not and to what shipped for distribution without resale district and distance from the nearest «¡extent an applicant is entitled to an town) from which the fruit is to be to, a purchaser who will use these pears exemption certificate. solely for gift purposes and not for sale. shipped pursuant to the exemption cer­ (d) Appeal to Control Committee. tificate; Any grower, whose application is denied § 939.107 Reports, (a) Each ship­ (3) The number and age of the trees in whole or in part by the appropriate per handling pears covered by an exemp­ producing the particular variety for exemption committee or by the secretary tion certificate shall keep an accurate which exemption is requested; of the Control Committee, may file a record, in the manner provided on such (4) The quantity of such variety written appeal with the Control Commit­ certificate, of all shipments of such which could be shipped by the applicant tee within fifteen (15) days after the date pears. Such shipper, after having in the absence of the grade and size of the notice to such grower of the deci- shipped as many pears as authorized by 5362 RULES AND REGULATIONS the particular exemption certificate, rules and regulations be in effect at that TITLE 8— ALIENS AND shall promptly mail to the secretary of time in order to effectuate the declared the Control Committee, such handler’s policy of the Agricultural Marketing NATIONALITY copy of the exemption certificate con­ Agreement Act of 1937, as amended; and taining an accurate record of such ship­ a reasonable time is permitted, under Chapter I— Immigration and Natural­ ments. the circumstances, for preparation for ization Service, Department of Jus­ (b) Each handler shall furnish to the such effective date. tice Control Committee as of the 1st day and Done at Washington, D. C., this 10th P art 116—Civil Air N avigation the 15th day, respectively, of each calen­ day of September 1948. dar month a report containing the fol­ MISCELLANEOUS AMENDMENTS [seal] I. W. D uggan, lowing information on Form 1 “Han­ Cross R eference: For amendments to dler’s Statement of Pear Shipments”: Acting Secretary of Agriculture. §§ 116.3, 116.4, 116.8, 116.11 and 116.13 (1) The number of standard western [F. R. Doc. 48-8285; Filed, Sept. 14, 1948; see Title 19, Chapter I, Part 6, infra. pear boxes (two half boxes shall be 8:58 a. m.] counted as one box) of each variety of pears shipped by that handler during the TITLE 16— COMMERCIAL preceding half month; Chapter XIV— Production and Market­ (2) The date of each shipment; ing Administration (School Lunch PRACTICES (3) The car numbers or truck license Program) Chapter l-—Federal Trade numbers, as the case may be, of all cars or trucks in which such shipments were A ppendix—Apportionment of F ood Commission made; Assistance F unds [File No. 21-335] (4) The ultimate destination, by city FOURTH APPORTIONMENT OF FOOD ASSIST­ P art 178—B aby Chick I ndustry and State; and ANCE FUNDS PURSUANT TO NATIONAL (5) The name and address of such 'v SCHOOL LUNCH ACT, FISCAL YEAR 1948 PROMULGATION OF TRADE PRACTICE RULES handler. AS AMENDED AND EXTENDED (c) Each handler shall furnish to the Pursuant to section 4 of the National Control Committee, as of October 15 of School Lunch'Act (60 Stat. 230), food At a regular session of the Federal each season and as of the fifteenth and assistance funds available for the fiscal Trade Commission held at its office in last days of each month thereafter, a year ending June 30, 1948, are reappor­ the city of Washington, D. C., on the report containing the following informa­ tioned among the several States as fol­ 10th day of September 1948. tion on Form 4R, “Handlers’ Packout Re­ lows: Due proceedings having been had for port”: amending and extending the rules for State Total State Private this industry under the trade practice (1) The total of the packout of each agency schools variety; conference procedure in pursuance of the act of Congress approved September (2) The quantity of each variety loose Alabama______$2,272,413 $2,248,041 $24,372 in storage; Arizona____!______330,078 317,573 12,505 26, 1914, as amended (Federal Trade Arkansas______1,458,660 1,438,908 . 19,752 Commission Act), and other provisions (3) The volume of each variety sold, California...... 2.052.261 2,052,261 unsold, stored East and West, and in Colorado...... 450,075 419,827 80,248 of law administered by the Commission; Connecticut...... 467,197 467,197 It is now ordered, That the trade prac­ transit; and Delaware...... 68,698 68,698 (4) The name and address of shch District of Columbia- 90,163 90,163 tice rules, in the amended and extended handler. Florida__ —______917,684 890.355 27,329 form, hereinafter set forth and appear­ Georgia...... 2,270,363 2,270,363 ing under Group I and Group H, be and (d) Each handler who has pears in­ Idaho..______228,709 221,803 6,906 spected and certificated in lots larger Illinois..______2,211,181 2,211,181 the same are hereby approved and re­ ''Indiana______1,205,957 1,205,957 ceived, respectively; and that said rules, than carload lots and who wishes to Iowa______848,517 770,210 78,307 rely on such lot inspections in lieu of Kansas______658,773 658,773 including all amendments and exten­ Kentucky...... 1,924,096 1,924,096 sions, be promulgated as of September inspection certificates for individual car- Louisiana...... 1.535.262 1,535,262 lot shipments shall deliver to the man­ Maine______286,939 271,584 15,355 15, 1948. ager within 10 days gfter shipment of Maryland...... 619,508 585,183 34,325 Statement by the Commission. Re­ M assachusetts...... 1,108,626 988,682 119,944 vised and extended trade practice rules any such pears a written report show­ Michigan...______1.797.812 1,639,829 157,983 ing the quantity, variety, grade, and size Minnesota...... 1,029,968 893,790 136,178 for the Baby Chick Industry are pro­ Mississippi______1,611,282 1,611,282 mulgated by the Federal Trade Commis­ of the pears so shipped and the date of Missouri______1,347.876 1,347,876 shipment thereof, and said report shall Montana...... 179,909 165,856 14,053 sion as hereinafter set forth. Nebraska...... 411,424 368,579 42,845 Members of the industry are the per­ identify such pears with the lot-inspec­ N evada...... 45,248 44,335 913 tion certificate covering the same, and New Hampshire____ 174,502 174,502 sons, firms, corporations, and organiza­ shall further show what portion of that New Jersey...... 1,148,724 956,385 192,339 tions engaged in the sale, offering for New Mexico____ ;... 250,540 230,696 19,844 lot remains unshipped, and where lo­ New York...... 2,969,764 2,969, 764 sale, or distribution of baby chicks as the cated; such reports shall be in addition North Carolina...... 2,634,814 2,634,814 term “baby chicks” is defined in the rules. North Dakota______193,055 173,488 19,567 The rules are directed to the, mainte­ to, and not in lieu of, the semi-monthly Ohio_____ »...___„ 2,048,875 1,785,515 263,360 handler’s reports of shipments required Oklahoma______1,186,309 1,186,309 nance of free and fair competition in the Oregon...... 363,363 363,363 industry and the elimination and pre­ under paragraphs (b) and (c) of this Pennsylvania______1,929,421 1,707,735 221,686 section. Rhode Island...... 192,210 192,210 vention of unfair methods of competi­ (e) Each handler shall specify on each South Carolina...... 1,594,392 1,588,372 6,020 tion, deceptive practices, and trade South Dakota— — .. 15,251 15,251 bill of lading covering each shipment the Tennessee...... 1,787,203 1,773,710 13,493 abuses. To this end various unfair and variety, and number of boxes thereof, of Texas______3,398,222 3,398,222 deceptive practices are defined and pro­ Utah...... - 314,185 310,308 3,877 scribed. all pears included in that shipment. Vermont______133,493 133,493 The rules and regulations contained in Virginia____ '...... 1,443,157 1,425,191 17,966 • These rules constitute a revision and Washington...... 528,388 498,136 30,252 extension of those promulgated for the §§ 939.100, 939.101, 939.104, 939.106, and West Virginia______1.060.812 1,043,114 17,698 939.107 of this part shall become effective Wisconsin...... 1,000,166 814,706 185,460 industry on December 31, 1938. Impor­ September 16, 1948, It is hereby found Wyoming...... 104,475 104,475 tant new provisions which have been in­ Alaska...... 12,226 12,226 that it is impractical and contrary to the Hawaii______91,683 75,260 16,423 cluded are definitions of “crossbred”, “in- public interest to postpone the effective Puerto Rico...... 1,962,862 1,962,862 bred”, “inbred line”, “in-crossbred”, and date of these rules and regulations until Virgin Islands—...... 33,229 33,229 inhibitions respecting misuse of such 30 days after publication hereof in the Total______54,000,000 52,255,749 1,744,^51 terms. Also, provisions have* been in­ F ederal R egister (60 Stat. 237 ; 5 U. S. C. cluded prohibiting deceptive use of the 1001 et seq.) in that the shipping season (Sec. 4, 60 Stat. 230; 42 U. S. C. 1743) word “hybrid”, and requirements for the for the pears covered by the aforesaid Dated: September 9,1948. use of the word “farm” in corporate and marketing agreement and order will trade names have been made more spe­ commence in early September, regula­ [seal] D illard B. Lasseter, cific. Numerous other changes are em­ tion of shipments of such pears will be Acting Secretary of Agriculture. bodied which further clarify applicable effective on and after September 16, [F. R. Doc. 48-8244; Filed, Sept. 14, 1948; requirements of laws administered by the 1948, and it is essential that the aforesaid 9:04 a. m.] Commission. Wednesday, September 15,1948 FEDERAL REGISTER 5363

Proceedings for. revision and extension Sec. and hatching eggs, but also all other of the trade practice rules for the indus­ 178.28 Deceptive use of term “hybrid” pro­ products of the industry, namely, turkey try were instituted upon application hibited. 178.29 False or misleading price quotations, poults, goslings, ducklings, and other live made by industry members, and included etc. poultry, to be raised or maintained for the holding of an industry-wide trade 178.30 Use of Tottery schemes. breeding purposes or for the production practice conference, under Commission 178.31 Defamation of competitors or dispar­ of eggs, broilers, fryers, or other poultry auspices in St. Louis, Missouri, and public agement of their products. products. hearings on proposed rules at Cleveland, 178.32 Use of “loss leaders,” Ohio, and Washington, D. C. Thereafter 178.33 Inducing breach of contract. § 178.1 Misrepresentation of products. and upon full consideration, final action 178.34 Enticing away employees of competi­ It is an unfair trade practice to make or was taken by the Commission whereby it tors. publish or cause to be made or published, 178.35 Procurement of competitors’ confi­ directly or indirectly, any statement or has approved and received, respectively, dential information by unfair representation which is false, misleading, the Group I and Group II rules as here­ means and wrongful use thereof. or deceptive in any respect (whether it inafter set forth. 178.36 Coercing purchase of one product as be in the form of advertisement, trade These revised and extended rules be­ a prerequisite to the purchase of promotional literature, mark, stamp, come operative thirty . (30) days from other products. date of promulgation, with the exception 178.37 Consignment distribution. brand, label, radio broadcast, oral or 178.38 Selling below cost. written communication, or other form of of §§ 178.19, 178.27 and 178.28 (Rules 19, 178.39 Discrimination. representation however disseminated or 27, and 28), which become operative Jan­ 178.40 Aiding or abetting use of unfair trade published): uary 1, 1949. Upon becoming operative practices. (a) Concerning the grade, quantity, they supersede those promulgated for group n breed, strain, pedigree, type, sex, sexing, the industry December 31,1938. culling, quick maturity, uniform devel­ GROUP I 178.100 General statement. opment, livability, health, testing (blood Sec. 178.101 Shipping chicks to fictitious con­ signees, etc. testing, pullorum testing, or other test­ 178.0 General statement. ing) , strength, character, nature, origin, 178.00 Definitions. 178.102 Failure to give notice of change in 178.1 Misrepresentation of products. shipping schedule. weight, color, size, or egg-producing or 178.2 Deceptive concealment of material 178.103 Failure to ship chicks as promptly other qualities, of any baby chicks; or facts. as agreed upon. (b) Concerning the production, sale* 178.3 Misuse of terminology of the Na­ 178.104 Arbitration. distribution, or delivery of any baby tional Poultry Improvement Plan 178.105 Repudiation of contracts. chicks; or or the National Turkey Improve­ Authority: §§ 178.0 to 178.105, inclusive, (c) Concerning the supervision, en­ ment Plan, etc. issued under 38 Stat. 717, as amended, 15 dorsement, or approval of any poultry 178.4 Guarantees, warranties, etc. U. S. C. 41, et seq. 178.5 Misuse of words “guaranteed to live,” breeding, hatching, or other operation by and use of deceptive guarantees The rules. These rules promulgated Federal, State, or other authority, or con­ as to livability of baby chicks and by the Commission are designed to foster cerning any official connection with such percentage of live arrivals, or offers and promote the maintenance of fair Federal, State, or other authority; or and contracts against mortality competitive conditions in the interest of (d) Concerning any other matter re­ and disease, etc. protecting industry, trade, and the pub­ lating to the baby chick business, its 178.6 Deceptive testimonials. products, or any part thereof. [Rule 1] 178.7 Misrepresentation as to blood test­ lic. It is to this end, and to the exclu­ ing, pullorum testing, etc. sion of any act or practice which sup­ § 178.2 Deceptive concealment of ma­ 178.8 Misuse of terms “disease free,” presses competition, restrains trade, terial facts. In advertising, offering for “pullorum free,” etc. fixes or controls price through combina­ sale, or selling baby chicks, it is an unfair 178.9 Substitution of inferior chicks for tion or agreement, or which otherwise trade practice for any member of the those ordered. injures, destroys, or prevents competi­ industry to conceal or fail or refuse to 178.10 Deceptive use of “leaders,” etc. tion, that the rules are to be applied. 178.11 Deceptive sale of baby chicks of poor disclose any material facts with the ca­ grade or quality. group i > pacity and tendency or effect of thereby 178.12 Fictitious prices. misleading or deceiving purchasers or 178.13 Misrepresenting offer as “special,” § 178.0 General statement. The un­ prospective purchasers, as for example: etc. ^ fair trade practices embraced in §§ 178.1 (a) Filling baby chick orders with 178.14 Misrepresenting chicks sold at auc­ to 178.40, inclusive, are considered to be cockerels which have been obtained from tion, through shipment to ficti­ unfair methods of competition, unfair tious consignees, or through sexed chicks or from other sources with­ or deceptive acts or practices, or other out having disclosed to the purchaser at agents, salesmen, or dealers, etc. illegal practices, prohibited under laws 178.15 Misrepresenting chicks as from stock the time of sale the fact that the baby entered in egg-laying contests or administered by the Federal Trade Com­ chicks delivered are cockerels. i poultry shows, etc. mission; and appropriate proceedings in (b) Adding surplus cockerel chicks or 178.16 Misue of terms “trapped,” “trap the public interest will be taken by the surplus pullets to so-called “straight- nests,” "trap-nested stock,” “from Commission to prevent the use, by any run” chicks and offering for sale, selling, trap-nested stock,” etc. person, partnership, corporation, or other or delivering same to customers without 178.17 Misrepresentation as to yields of organization subject to its jurisdiction,' eggs, as to chicks from hens with informing the respective purchasers of purported high egg-laying records, of such unlawful practices in commerce. the fact that such surplus or added cock­ as to chicks from high egg-pro­ § 178.00 Definitions—(a) Type of erels or pullets have been included and ducing stock, etc. business affected and scope of “industry without obtaining such purchasers’ con­ 178.18 Deception respecting male parentage products.” The rules in §§ 178.0 to sent thereto. in relation to egg production. (c) Advertising or offering chicks for 178.19 Misuse of words “hatchery,” “chick- 178.40, inclusive, apply to the business of ery,” “chick nursery,” “farm,” producing and selling, or marketing, of sale as being “chicks of buyer’s own “poultry farm,” “breeding farm,” products of the industry which consist of choice,” or making similar representa­ and related representations. baby chicks, turkey poults, goslings, tions, whether under a so-called “free” 178.20 Deceptive depictions or illustrations. ducklings, and other live poultry, to be offer or otherwise, without disclosing 178.21 Deception as to transportation or raised or maintained for breeding pur­ prior to delivery the fact that the chicks c. o. d. charges. poses or for the production of eggs, broil­ to be shipped will be cockerels of one 178.22 Misrepresenting offer as limited to sort or another or other undesirable time, etc. ers, fryers, or other poultry products. 178.23 Deceptive representations as to earn­ Hatching eggs are also included as indus­ types or breeds when such is the case, ings, etc. try products. Or will be of different breed or breeds 178.24 Misuse of the word “free,” etc. (b) Definition of “baby chicks” (or of chicken than the circumstances would 178.25 Deception by means.of “bogus inde­ “chicks”) in application of §§ 178,0 to indicate, or that such chicks will be pendents,” “chick outlets,” etc. 178.40, inclusive. The term “baby chicks” shipped upon dates later or different 178.26 Misrepresentation respecting new breed of poultry. or “chicks” as used in §§ 178.0 to 178.40, from those ordinarily to be expected. 178.27 Misuse of terms “crossbred,” “in- inclusive, and except where otherwise (d) Representing that flocks contain bred,” “inbred line,” “in-cross­ clearly required, shall be understood to certain types of males or females, but bred,” etc. inelude not only baby chicks of all kinds concealing the fact that only part of 5364 RULES AND REGULATIONS such flocks contain such males or fe­ expression, or representation of similar fair trade practice to make guarantees, males; or representing that any flock import, without conjunctive disclosure of warranties, or other representations to contains certain types of males or fe­ the conditions or limitations applicable the effect that all or a certain percentage males, but concealing the fact that such to such guarantee, or to use, or cause to of the chicks shipped will be alive at buy­ flock also contains other males or be used, any guarantee or purported er's destination, and then fail to adjust females. guarantee which is false, misleading, or losses pursuant to representations made, (e) Claiming to own or operate a deceptive in any respedt. or otherwise fail fully to live up to all hatchery, poultry farm, or the like, but (b) Without in any way limiting the the provisions of such guarantees, war­ concealing the fact that the chicks dis­ foregoing provision of this section, guar­ ranties, or other representations. tributed therefrom or advertised or antees of the following type dr charac­ (c) Offers, promises, or contracts offered for sale as being therefrom were ter shall not be used: against mortality, sickness, disease, etc. not, either in whole or in part, produced (1) Guarantees issued or directly or If any offer, promise, or contract is made by such hatchery, poultry farm, or the indirectly caused to be used by any mem­ against mortality, sickness, disease, 111 like. ber o f. the industry under which the health, or impairment of vitality, such shall specifically‘disclose what replace­ Note: The above examples are hut a few guarantor fails or refuses scrupulously illustrations of the scope of this section. to observe his obligation or fails or re­ ment, refund, credit, or other provision For other rules touching concealment and fuses to make good on claims coming will be made in the event any such mor­ nondisclosure, see §§ 178.5 (c), 178.7 (d), reasonably within the terms of the guar­ tality, sickness, disease, ill health, or im­ 178.9-178.11, 178.14, 178.25; see also § 178.19 antee; or pairment of vitality arises, together with on “hatchery,” “Poultry farm,” etc. (2) Guarantees which are so used or such other applicable terms and informa­ [Rule 2] are of such form, text, or character as tion as may be necessary in the circum­ stances, to the end that no confusion or § 178.3 Misuse of terminology of the to import, imply, or represent that the guarantee is broader than is in f£j,ct true, deception of purchasers may ensue or National Poultry Improvement Plan or tend to ensue. the National Turkey Improvement Plan, or will afford more protection to pur­ chasers than is in fact true; or (d) Use of deceptive guarantees as to etc. In connection with the offering for livability of baby chicks, etc. It is an un­ sale, sale, or distribution of baby chicks, (3) Guarantees in which any condi­ tion, qualification, or contingency ap­ fair trade practice to make or publish, or it is an unfair trade practice to use, cause to be made orjmblished, directly or * directly or indirectly, in advertising or plied by the guarantor thereto is not fully and nondeceptively stated therein, or is indirectly, any other false, misleading, or trade promotional literature, on labels, or deceptive statement, guarantee, war­ through any other medium, any termi­ stated in such manner or form as to be deceptively minimized, obscured, or con­ ranty, or other representation concern­ nology of the National Poultry Improve­ ing the livability, health, stamina, or any ment Plan or the National Turkey Im­ cealed, wholly or in part; or (4) Guarantees which are stated, quality or condition of baby chicks sold or provement Plan, or to make representa­ offered for sale. [Rule 51 tions with respect thereto, when such phrased, or set forth in such manner terminology is not truthfully and fully that although the words used are liter­ Note': See §§ 178.4 and 178.8 as to further applicable to such chick*, or products, or ally and technically true, the whole is provisions regarding guarantees. to their production, origin, or sale, or misleading in that purchasers or users" § 178.6 Deceptive testimonials. It is when such terminology or representa­ are not made sufficiently aware of cer­ an unfair trade practice to use, or cause tions are otherwise used under circum­ tain contingencies or conditions which to be used, any testimonial which is false, stances or in a manner having the capac­ are applicable to such guarantees and which materially lessen the value thereof misleading, deceptive, or unfair in any ity and tendency or effect of misleading respect. or deceiving purchasers or prospective as a guarantee to purchasers; or Testimonials of the type prohibited by purchasers. (5) Guarantees containing state­ this section include the following: (a) Under, this section it is an un­ ments, representations, or assertions (a) Testimonials regarding excep­ fair trade practice for any member of which have the capacity and tendency tional results alleged to have been ob­ the industry to use said terminology or or effect of misleading or deceiving pur­ tained from the chicks of a particular any other representations indicating, chasers or prospective purchasers in any seller, which testimonials are so worded purporting, or implying that such mem­ respect; or as to have the capacity and tendency or ber is a qualified participant in the Na­ (6) Guarantees which, either in effect of inducing purchasers or pros­ tional Poultry Improvement Plan or the themselves or in the manner of their pective purchasers to believe that all of National Turkey Improvement Plan, or use, are otherwise false, misleading, or such seller’s chicks may be expected to that baby chicks advertised or offered deceptive. produce similar results for all buyers for sale have been produced by partici­ (c) This section shall be applicable not when such is not the fact; or pants in either plan as the case may be, only to guarantees but also to warranties, (b) Testimonials regarding the chicks when such is not the fact. to purported guarantees and warranties, of a seller which, though true at the time (b) It is likewise an unfair trade and to any promise or representation in given in the past, are misleading or de­ practice to mislead or deceive in any the nature of or purporting to be a guar­ ceptive to purchasers or prospective pur­ other manner or respect, or tend to antee or warranty. [Rule 4] chasers as currently used because out of cause confusion or deception of pur­ Note: See also §§ 178.5 and 178.8. date and no longer applicable to the chasers or prospective purchasers, in re­ § 178.5 Misuse of words “guaranteed facts, circumstances, or conditions de­ lation to the National Poultry Improve­ to live,” and use of deceptive guarantees scribed therein and such information ment Plan, the National Turkey Im­ as to livability of baby chicks and per­ has hot been fully and nondeceptively provement Plan, or any other matter in centage of live arrivals, or offers and con­ disclosed; or respect thereto. tracts against mortality and disease, (c) Testimonials which, purport to Note: In order to avoid deception or con­ etc.—(a) Misuse of words “guaranteed pertain to certain high-grade chicks be­ fusion of purchasers or prospective pur­ to live,” etc. It is an unfair trade prac­ ing offered for sale, or to exceptional con­ chasers of industry products, all persons or tice to advertise, describe, or otherwise ditions or facilities for producing same, concerns severing connection with the Na­ when such is not the fact; or tional Poultry Improvement Plan or the represent that baby chicks sold or offered for sale are “guaranteed to live,” or to (d) Testimonials which are so worded National Turkey Improvement Plan should or are usei in such manner as to convey immediately remove and discontinue the use make similar statements or representa­ of aU signs, promotional literature, labels, tions, with the capacity and tendency or the impression they were given without and other representations or visible indi­ effect of misleading or deceiving purchas­ solicitation or payment of any consider­ cations that they are still participating in ers or prospective purchasers into the ation when such is not true in fact; or the plan in question. erroneous belief that the said baby (e) Testimonials which for any rea­ [Rule 3] chicks possess extraordinary stamina or son, whether by their form or in the man­ ner of their use or otherwise, have the § 178.4 Guarantees, warranties, etc. other qualities which prevent disease or (a) In connection with the sale, offering death, or into any other erroneous belief. capacity and tendency or effect of mis­ for sale, or distribution of baby chicks, * (b) Deceptive guarantees or repre­ leading or deceiving purchasers or pros­ it is an unfair trade practice to use the sentations as to percentage of chicks pective purchasers in any respect. word “guaranteed,” or any other word, alive at buyer’s destination. It is an un­ [Rule 63 , Wednesday, September 15,1948 FEDERAL REGISTER 5365 § 178.7 Misrepresentation as to blood (b) It is an unfair trade practice de­ effect of misleading or deceiving pur­ testing, pullorum testing, etc. (a) Birds ceptively to advertise, guarantee, de­ chasers or prospective purchasers. or flocks. It is an unfair trade practice scribe, or otherwise represent, directly [Rule 13] to advertise, describe, or otherwise rep­ or indirectly, that baby chicks or other resent, directly or indirectly, that baby poultry sold or offered for sale are “dis­ § 178.14 Misrepresenting chicks sold chicks sold or offered for sale have been, ease free,” “pullorum free,” “absolutely at auction, through shipment to ficti­ or come from flocks which have been, pullorum free,” “100% pullorum free,” tious consignees, or through agents, saies~ blood tested, pullorum tested, vaccinated, “completely pullorum free,” “entirely men, or dealers, etc. It is an unfair trade inoculated, or otherwise treated for any pullorum free,” “fully pullorum free,” practice to cause baby chicks to be sold disease, when such is not the fact, or “positively pullorum free,” “utterly pul­ under deceptive or misleading conditions, when only a portion of the birds or flocks lorum free,” or “wholly pullorum free.” at auction sales, through shipment to supplying the eggs have been so treated (c) Under this section terms of the fictitious consignees, or through agents, or tested during the current season, or type referred to are not to be used in re­ salesmen, dealers, or otherwise, regard­ when such blood or pullorum testing, spect of any disease for which full free­ less of whether such deceptive conditions vaccination, inoculation, or treatment is dom cannot be definitely achieved. [Rule are brought about by misstatements or inadequate or is not officially recognized by concealment of material fact or other­ 81 wise. [Rule 14] as adequate to control the disease in Note: See also §§ 178.4 and 178.5 on guar­ question. antees. § 178.15 Misrepresenting chicks as (b) Eggs. It is an unfair trade prac­ from stock entered in egg-laying con­ tice to advertise, describe, or otherwise § 178.9 Substitution of inferior chicks tests or poultry shows, etc. It is an un­ represent, directly or indirectly, that for those ordered. It is an unfair trade fair trade practice to advertise, describe, hatching eggs sold or offered for sale are practice to advertise, describe, or other­ or otherwise represent that baby chicks from birds or flocks that have been blood wise represent that the flocks of a partic­ sold or offered for sale are the progeny tested, pullorum tested, vaccinated, in­ ular seller or producer possess certain of, or are descended from, or have the oculated, or otherwise treated for any good qualities, such as ability to resist strain of, or are closely related to, stock disease, when such is not the fact, or disease, or to produce high yields of eggs, entered in egg-laying contests or poultry when only part of the hatching eggs so or the like, and then upon receipt of cus­ shows, prize-winning or championship or sold or offered for sale are from birds tomers’ orders for baby chicks from the high-performance stock or poultry, or or flocks that have been so blood tested, flocks advertised, filling same from flocks the like, when such is not the fact. [Rule pullorum tested, vaccinated, inoculated, of an inferior quality, without first in­ 15] or otherwise treated for any disease, or forming and obtaining the consent of purchasers to such substitution. [Rule § 178.16 Misuse of terms “trapped,” when such blood or pullorum testing, “trap nest,” “trap-nested stock,” “from vaccination, inoculation, or treatment is 93 trap-nested stock,” etc. It is an unfair inadequate or'is not officially recognized § 178.10 Deceptive use of “leaders,” trade practice to represent, through ad­ as adequate to control the disease in etc. It is an unfair trade practice to question. vertising or otherwise, by the use of such offer for sale, advertise, or otherwise rep­ words or expressions as “trapped,” “trap (c) Deception respecting “approval” resent baby chicks as being of a certain nest,” “trap-nested stock,” “from trap- or “official approval” of test methods high grade or quality: nested stock,” or other words or expres­ used, or respecting the qualifications or (a) When an adequate supply of such sions of similar import, that baby chicks official status of person performing test. chicks is not available at the prices of­ sold or offered for sale have been pro­ It is an unfair trade practice to use any fered and such fact is not fully and non- duced by trap-nested stock, unless and disease control term, such as.“pullorum deceptively disclosed to purchasers and until all of the eggs from which such tested,” “blood tested,” or the like, in prospective purchasers; or chicks are hatched are produced by trap­ advertising or otherwise, in such man­ (b) When all chicks so offered for sale nesting methods and the egg-laying rec­ ner as to have the capacity and tend­ or sold under said representations are ords of the females producing such eggs ency or effect of thereby misleading or not of the said high grade or quality; or havè been definitely established by trap­ deceiving purchasers or prospective pur­ (c) When such representations are nesting for a recognized adequate period chasers into the belief that officially- otherwise false, misleading, or decep­ of time. [Rule 161 approved methods have been used in tive. [Rule 10] making these tests, or that such tests § 178.17 Misrepresentation as to yields have been made by a duly-qualified per­ Note: See also § 178.32. of eggs, as to chicks from hens with pur­ son or persons, or under the auspices or § 178.11 Deceptive sale of baby chicks ported high egg-laying records, as to supervision or with the endorsement of of poor grade or quality. It is an unfair chicks from high egg-producing stock, a Federal, State, or other agency or au­ trade, practice to sell or offer for sale etc.—(a) Misrepresentation as to yields thority, when such is not the fact. baby chicks of poor grade or quality as of eggs. It is an unfair trade practice to (d) Deception resulting from failure being from a farm or hatchery advertised represent, directly or indirectly, through to remove reactors from chicks repre­ or bearing a reputation for high-grade advertising or otherwise, that high yields sented as having been “tested.” It is an production, without informing purchas­ of eggs are received from all or any flocks unfair trade practice deceptively to use ers or prospective purchasers of the poor of a particular seller or producer when the terms “tested,” “100% tested,” or grade or quality of such chicks, and such is not the fact, or when such is similar expressions or representations, taking such other steps as may be neces­ untrue in whole or in part. as descriptive 'of baby chicks or other sary to prevent deception. [Rule 11] (b) Misrepresentation as to chicks poultry, when clearly and in immediate § 178.12 Fictitious prices. It is an from hens with purported high egg-lay­ conjunction truthful disclosure is not unfair trade practice to sell or offer for ing records. It is an unfair trade prac­ made of the diseases or ailments for sale industry products at prices pur­ tice to represent, directly or indirectly, which such chicks or poultry have been ported to be reduced from what are in through advertising or otherwise, that tested, and when, even though tested, all fact fictitious prices, or to sell or offer for chicks are produced by hens having cer­ reactors have not actually been removed sale such products at a purported reduc­ tain purported high egg-laying records from the premises upon the completion when the records of such hens have not of the tests in question. [Rule 71 tion in price when such purported reduc­ tion is in fact fictitious or is otherwise been definitely established by trap-nest­ Note: See § 178.8 relating to disease-iree misleading or deceptive. [Rule 1.2] ing for a recognized adequate period of representations. time. § 178.13 Misrepresenting offer as (c) Misrepresenting baby chicks as § 178.8 Misuse of terms “disease free,” “special,” etc. It is an unfair trade from high egg-producing stock, etc. It “pullorum free,” etc. (a) It is an unfair practice to represent an offer as “special” is an unfair trade practice to represent, trade practice deceptively to advertise, when it is in fact a regular offer, or other­ directly or indirectly, through advertis­ guarantee, describe, or otherwise repre­ wise to use the terms “special,” “special ing or otherwise, that baby chicks offered sent, directly or indirectly, that any baby offer,”, or terms or words of similar im­ for sale are of high egg-producing stock chicks sold or offered for sale are free of port, in a manner or under conditions when such high egg-producing qualities disease. which have the capacity and tendency or have not been established, or when such No. 180------2 5366 RULES AND REGULATIONS representation is otherwise false, mis­ sale or sold come from outside sources; that inuring directly or indirectly to the leading, or deceptive. [Rule 171 is, from sources or farms not so owned and benefit of the industry member using operated or occupied and controlled by such such word, is an unfair trade practice. § 178.18 Deception respecting male industry member. [Rule 24] parentage in relation to egg production. Nothing in this section, however, shall be In the case of baby chicks produced from construed as prohibiting an industry mem­ § 178.25 Deception by means of “bogus ber who actually owns and operates a farm independents,” “chick outlets,” etc. (a) flocks with' which a limited number of primarily devoted to the production of baby males having a record for transmitting It is an unfair trade practice for any chicks from selling, offering for sale, or dis­ member of the industry to represent in high egg-production qualities are mated, tributing, under a trade, corporate, or other while other males having no such record name containing the word “farm,” baby any manner, directly or by concealment are also mated therewith, it is an unfair chicks produced from flocks of cooperating or nondisclosure- of the true facts, that a trade practice to offer baby chicks for farms along with chicks produced on such certain chick outlet or outlets are in­ sale from such flocks through advertising member’s own farm, if and when the indus­ dependent of, or in competition with, said or representations which directly or by try member has had and exercised direct member, when such is not the fact, or supervision and control over all operations when said member owns or controls such reason of concealment or nondisclosure and conditions material to the quality, outlet or outlets directly or through an­ of fact have the capacity and tendency health, and Vigor of all said chicks, including other person, firm, corporation, or group. or effect of misleading or deceiving pur­ selection of the breeding stock of which such chasers or prospective purchasers into baby chicks are the progeny, and all breed­ (b) It is an unfair trade practice to ad­ ing and disease control practices. vertise, offer for sale, or sell baby chicks, possess the same high egg-production under different trade, fictitious, or other the erroneous belief that all of such [Rule 191 chicks possess the same high egg-pro­ names for what is in fact the same con­ duction qualities as the said males of § 178.20 Deceptive depictions or illus­ cern, whether or not such advertisement high pedigree, or that such flocks have trations. It is an unfair trade practice or offer for sale is made in the same or been mated exclusively with males hav­ to use photographs, cuts, engravings, il­ different papers, magazines, or other ing a record for transmitting high egg- lustrations, or pictorial or other depic­ publications, when such advertising, production qualities, or into any other tions or devices, in catalogues, sales lit­ offering for sale, or selling, has the capac­ erroneous belief. [Rule 181 erature or advertisements, or otherwise, ity and tendency or effect of misleading in such manner as to have the capacity or deceiving the public into the belief § 178.19 Misuse of words “hatchery” and tendency or effect of misleading or that such names represent different con­ “chickery,” “chick nursery,” “farm,” deceiving purchasers or prospective pur­ cerns, or when the practice has a de­ “poultry farm,” “breeding farm,” and re­ chasers as to the size, importance, or lo­ ceptive or misleading capacity and tend­ lated representations. In the sale, offer­ cation of the premises occupied by a ency or effect in other respects. ing for sale, or distribution of baby member of the industry, as to such mem­ (c) It is an unfair, trade practice, by chicks, it is an unfair trade practice for ber’s equipment, as to his poultry or baby use of the word “hatchery” or other any member of the industry by trade or chicks, his breeding flocks or poultry words, or by the display of incubators or corporate name, through advertising, or products, or as to any other matter re -. the token or purported operation of in­ otherwise: lating to his business or products. [Rule cubators, or by signs, advertising matter, (a) To hold himself out as owning or 20] or through other means, to cause or tend operating a hatchery, chickery, chick to cause purchasers to believe that baby nursery, poultry breeding business, or as § 178.21 Deception as to transporta­ chicks sold at or shipped or delivered being the producer of baby chicks, or as tion or c. o. d. charges, (a) It is an un­ from a certain store, branch, or place of operating incubators or producing chicks fair trade practice to sell or offer to sell business have been or are actually at a particular place or under claimed baby chicks, through advertising or hatched at such store,' branch, or place or specified conditions, when such is not otherwise, in such manner as to have the of business, when such is not the fact. the fact; or capacity and tendency or effect of mis­ [Rule 251 leading or deceiving purchasers or pros­ (b) To use the terms “farm,” “poultry § 178.26 Misrepresentation respecting farm,” “breeding farm” or similar repre­ pective purchasers into the belief that the prices quoted for such baby chicks new breed of poultry. It is an unfair sentations, in such manner as to have trade practice to offer for sale, sell, or the capacity and tendency or effect of are the prepaid or delivered prices when such is not the fact. directly or by implication to advertise, misleading or deceiving purchasers or describe, or represent, any baby chicks prospective purchasers into the belief (b) It is an unfair trade practice, by failing correctly to inform customers or other poultry as being a new breed that the baby chicks have been produced or as being the progeny of a new breed, on a farm, poultry farm, or breeding or by other deception, to cause purchas­ ers to believe that transportation costs when such is not the fact. farm, of said industry member, when will not be charged against them in This section shall not be construed as such is not the fact; or c. o. d. charges or otherwise, when such preventing baby chicks or other poultry (c) To use the terms or representa­ is not true in fact. [Rule 21] from being described as a new breed if tions specified in paragraphs (a) and and when they meet the following defini­ (b) of this section, or other terms or rep­ § 178.22 Misrepresenting offer as lim­ tion or specification for a new breed as resentations of similar import, in any ited to time, etc. It is an unfair trade proposed by the industry, and no decep­ other false, misleading, or deceptive practice to represent an offer of baby tion is practiced in relation to such des­ chicks to be limited as to time or other­ ignation or description: manner. wise when such is not the fact. [Rule 22] Note: Under this section, and in order to New breed. A group of birds which are avoid misunderstanding, confusion, or de­ § 178.23 Deceptive representations as of similar size, shape, and skin color and ception of purchasers, the terms “farm,” to earnings, etc. It is an unfair trade differ from existing breeds in these charac­ “poultry farm,” "breeding farm,” or other practice to make false, misleading, or ters or in the combination of these charac­ representations of similar import, should not deceptive statements or representations ters, and the varieties within the breed have be used In the sale, offering for sale, or dis­ regarding opportunities for making similar plumage color and pattern, comb tribution of baby chicks when the industry type, and other distinguishing physical char­ member making such representations does money or actual or probable earnings of acteristics, all of the characteristics of the not own and actually operate, or does not agents or dealers handling hatching breed and variety being demonstrated as hav­ occupy (or have possession of) and absolutely eggs, baby chicks, or other poultry, or ing been reproduced with a high degree of control the operation of, such a farm produc­ of purchasers raising baby chicks or uniformity. ing the baby chicks. other poultry. [Rule 23] Where such representations are made and [Rule 26] the industry member produces on a farm so § 178.24 Misuse of the word “free,” § 178.27 Misuse of terms “crossbred/’ owned and operated or occupied and con­ etc. Use of the word “free,” or words of “inbred,” “inbred line,” “in-crossbred, trolled by him only a portion of the chicks, similar import, in advertising to desig­ etc. In the sale, offering for sale, or specific disclosure of the facts should be nate or describe any industry product made to purchasers to the extent necessary which is not in truth and in fact a gift or distribution of baby chicks, it is an un­ to fully prevent their being misled or de­ gratuity, or is not given to the recipient fair trade practice to use the terms ceived into the erroneous belief, either that thereof without cost or without requiring “crossbred,” “inbred,” “inbred line,” ‘ in- all the chicks so offered for sale or sold are crossbred,” or similar designations or produced on such farm of the industry mem­ the purchase of other merchandise or re­ ber, or that none of the chicks so offered for quiring the performance of some service representations as descriptive of baby Wednesday, September 15,1948 FEDERAL REGISTER 5367 chicks when such terms, designations, or construed as prohibiting the non-deceptive ing competitors in their business: Pro­ representations are not fully and truth­ use of the term “hybrid” as descriptive of vided, That nothing in this rule shall be fully applicable to such baby chicks or baby chicks resulting from the combination of inbred lines and conforming to the sped- construed as prohibiting employees from are otherwise used in a false, misleading, fixations for “in-crossbred” set forth in seeking more favorable employment. or deceptive manner. § 178.27. [Rule 34] For the purpose of §§ 178.0 to 178.40, The term “hybrid” should not be used as descriptive of chicks which are not “cross­ § 178.35 Procurement of competitors’ inclusive, and in their application, use bred” (see definition in § 178.27); nor should confidential information by unfair of the terms mentioned in this section in such term “hybrid” be used as descriptive of means and wrongful use thereof. It is accordance with the following definitions, chicks which (although “crossbred”) do not an unfair trade practice for any mem­ respectively, is acceptable. qualify for the term “in-crossbred” when in ber of the industry to obtain informa­ (a) “Crossbred.” The first genera­ immediate conjunction therewith, conspicu­ tion concerning the business of a com­ tion baby chicks produced: ous disclosure of the facts as to the inbreed­ petitor by bribery of any employee or (1) By crossing two different breeds or ing or the absence of inbreeding in the pro­ agent of such competitor, by false or mis­ varieties; or duction of the chicks is not made to the ex­ tent necessary to adequately prevent con­ leading statements or representations, (2) By crossing first generation poul­ fusion, misunderstanding and deception of by the impersonation of one in author­ try resulting from the combination of purchasers. ity, or by any other unfair means, and two different breeds or varieties with an­ to use the information so obtained in other and different breed or variety; or [Rule 28] such manner as to injure said competi­ (3) By crossing the first generation § 178.29 False or misleading price tor in his business or to suppress com­ poultry resulting from the combination quotations, etc. The publishing or cir­ petition or unreasonably restrain trade. of two different breeds or varieties with culating by any member of the industry [Rule 351 the first generation poultry resulting of false or misleading price quotations, § 178.36 Coercing purchase of one from the combination of two other dif­ price lists, or terms or conditions of sale, ferent breeds or varieties. product as a prerequisite to the purchase with the capacity and tendency or effect of other products. The practice of co­ (b) “Inbred.” The first generation of thereby misleading or deceiving pur­ baby chicks produced by a mating of ercing the purchase of one or more prod­ chasers or prospectiVe purchasers, is an ucts as a prerequisite to the purchase of poultry of known relationship, related to unfair trade practice. [Rule 29] the degree of first cousins or closer. one or more other products where the (c) “Inbred line.” A group of inbred § 178.30 Use of lottery schemes. The effect may be to substantially lessen com­ baby chicks resulting from at least four offering or giving of prizes, premiums, petition, tend to create a monopoly, or to generations of inbreeding. The poultry or gifts, in connection with the sale of unreasonably restrain trade, is an unfair constituting the line must be individually industry products, or as an inducement trade practice. [Rule 36] identified as to origin and so interrelated thereto, by any method which involves § 178.37 Consignment distribution. It that the mating of any pair within the lottery or scheme of chance, is an un­ is an unfair trade practice for any mem­ line would result in progeny with an fair trade practice. [Rule 30] ber of the industry to employ the prac­ amount of inbreeding exceeding that re­ § 178.31 Defamation of competitors tice of shipping industry products on sulting from three successive generations or disparagement of their products. The consignment or pretended consignment of full brother-sister matings (coefficient defamation of competitors by falsely im­ for the purpose and with the effect of of more than 50%). ^ puting to them dishonorable conduct, artificially clogging or closing trade out­ (d) “In-crossbred”. The first gener­ inability to perform contracts, question­ lets and unduly restricting competitors’ ation baby chicks produced: able credit standing, or fey other false use of said trade outlets in getting their (1) By crossing two inbred lines of representations, or the false disparage­ products to consumers through regular different breeds or varieties; or ment of the products of competitors in channels of distribution, thereby injur­ (2) By crossing first generation poul­ any respect, or of their business methods, ing, destroying, or preventing competi­ try resulting from the combination of selling prices, values, credit terms, tion or tending to create a monopoly or two inbred lines of different breeds or policies, or services, is an unfair trade to unreasonably restrain trade. Nothing varieties with another inbred line of dif­ practice. [Rule 31] in this section shall be construed as re­ ferent breed or variety; or stricting or preventing consignment ship­ (3) By crossing the first generation § 178.32 Use of “loss leaders.” The practice of selling any product of the in­ ping or marketing of industry products poultry resulting from the combination in good faith where suppression of com­ of two inbred lines with the first gener­ dustry below the seller’s cost as a “loss leader” to induce the purchase of any petition, restraint of trade, or undue in­ ation poultry resulting from the combi­ terference with competitors’ use of the nation of two other inbred lines when other product of the industry or other merchandise, the sale of the latter being usual channels of distribution, is not each line used is of different breed or effected. [Rule 37] variety than any other used. [Rule 27] used to recoup the loss sustained on the “loss leader” product so sold, with the § 178.38 Selling below cost. The prac­ § 178.28 Deceptive use of term “hy­ capacity and tendency or effect of there­ tice of selling or offering to sell industry brid” prohibited. It is an unfair trade by misleading or deceiving purchasers or products below the seller’^ cost with the practice to use the word “hybrid,” alone' prospective purchasers, is an unfair intent and with the effect of injuring a or in conjunction with other words or trade practice. [Rule 32] competitor and where the effect may be representations, as descriptive of baby Note: See also § 178.10. substantially to lessen competition or chicks offered for sale, sold, or distrib­ tend to create a monopoly or unreason­ uted, when such use of the term or the § 178.33 Inducing breach of contract. ably restrain trade is an unfair trade conditions under which it is applied are Inducing or attempting to induce the practice. All elements recognized by such as to have the capacity and ten­ breach of existing lawful contracts be­ good accounting practice as proper ele­ dency or effect of misleading or deceiving tween competitors and their customers ments of such cost shall be included in purchasers or prospective purchasers in or their suppliers by any false or decep­ any material respect as to the breeding, tive means whatsoever, or interfering determining cost under this section. The inbreeding, crossing, production, or gen­ with or obstructing the performance of costs, however, which are referred to in eration of such chicks or in any other any such contractual duties or services this section, are actual costs of the re­ material respect. by any such means, with the purpose and spective seller and not some other figure or average costs in the industry deter­ Note : it appears there is a substantial and effect of unduly hampering, injuring, or growing number of farmers and other buyers prejudicing competitors in their busi­ mined by an industry cost survey or of baby chicks who understand that the ness, is an unfair trade practice. otherwise. term “hybrid,” as applied to baby chicks, [Rule 33] This section is not to be construed as denotes and implies that such chicks have prohibiting all sales below cost, but only been produced by combining different breeds § 178.34 Enticing away employees of or varieties in which there has been a sub­ competitors. It is an unfair trade prac­ such selling below the seller’s cost as is stantial amount of selective inbreeding. tice for any industry member to wil­ resorted to and pursued as a monopolis­ Four generations of inbreeding in paren­ fully entice away the employees of com­ tic practice with the intent referred to tal lines is accepted hereunder as being petitors with the intent and effect of and coupled with the effect of substan­ substantial; and this section is not to be unduly hampering, injuring, or prejudic- tially lessening competition, tending to 5368 RULES AND REGULATIONS create a monopoly, or unreasonably re­ the other party to such transaction or to other, directly or indirectly, to use or straining trade. [Rule 381 an agent, representative, or. other inter­ promote the use of any unfair trade prac­ mediary therein where such intermedi­ tice specified in §§ 178.0 to 178.40, inclu­ § 178.39 Discrimination—(a) Prohib­ ary is acting in fact for or In behalf, or sive. [Rule 40] ited discriminatory prices, or rebates, is subject to the direct or indirect con­ GROUP II refunds, discounts, credits, etc., which trol, of any party to such transaction effect unlawful price discrimination. It § 178.100 General statement. Com­ other than the person by whom such pliance with trade practice provisions is unfair trade practice for any member compensation is so granted or paid. of the industry engaged in commerce,1 embraced in §§ 178.101 to 178.105, inclu­

panied by a statement setting forth the United States—unless known to the mented malt liquor removed from the district supervisor’s views as to the pro­ brewer, will be filled in by the agent of brewery premises and other information priety of allowing thetdaim for refund the brewer at the port of exportation, required by the regulations in this part, of the tax paid on the unsalable beer. who will sign the request for customs in­ and by the lines and instructions on the (Secs. 3154, 3176,1. R. C.) spection as exporter. (Secs. 3153 (b), form. The materials brewed each day § 192.191 Claims for refund. Claims 3176.1. R. C.) and the fermented liquor produced for refund of tax on fermented malt § 192.207 Examination by inspector. therefrom, shall be reported on such liquor destroyed in the bottling house Upon receipt of Forms 1689 from the record as of the calendar day during or returned to the brewery because of supervisor, the inspector will verify the which the brews were started. There the fermented malt liquor being unsal­ quantity of fermented malt liquor to shall also be reported as a special able, will be filed on Form 843, in dupli­ be exported. In verifying the contents of debit in the “Summary of Fermented cate. Claims must be filed with the dis­ the Containers of fermented malt liquor, Malt Liquor” of Form 103, the quan­ trict supervisor of the district where the the inspector will examine a representa­ tity of water, if any, used in adjust­ brewery is located within 90 days after tive number of such containers or will ing the balling or alcoholic content of the close of. the month within which such use any other method of inspection which the fermented malt liquor after removal destruction of the fermented malt liquor, will reasonably disclose, that the con­ from the settling tanks. The entries or the return thereof to the brewery for tents of the containers are as represented shall be made before the close of use as brewing material, occurred. A by the Form 1689 and that the contain­ the business day next succeeding the claim shall be deemed to have been ers 'are properly marked and labeled. day on which the transactions occur. “filed” when it is delivered to, and re­ (Secs. 3153 (b), 3176,1. R. C.) Monthly returns of the operations of such ceived by, the office of the proper dis­ plants on Form 103 shall be made not trict supervisor. The district super­ § 192.209 Change of consignee. later than the' 10th day of each month visor will certify the claim as to the total Where, after inspection of an export for the preceding month. Such returns amount of tax paid on the fermented shipment, but before removal, the brewer, shall be made in triplicate. Each copy malt liquor in question, and will forward for good and sufficient reasons, desires to shall be duly sworn to or affirmed. Two the claim to the Commissioner with the change the name and addresssof the con­ copies shall be forwarded to the super­ papers referred to in § 192.187. (Secs. signee, he will forward the two copies of visor, who shall forward one to the Com­ 3154, 3176,1. R. C.) Form 1689, left with him by the inspec­ missioner in accordance with instruc­ tor, with a letter to the district super­ tions on the form. The remaining copy § 192.195 Record of beer bottled for visor, for correction, indorsement, and will be retained by the brewer and filed export. Before the close of business of return. Where a change of consignee is* as a permanent record, so as to be avail­ the business day next succeeding the day desired after removal of the fermented able for inspectionrit any time within the on which beer is removed from the brew­ malt Jliquor, the district supervisor may succeeding four years. (Secs. 3155 (c), ery to the bottling house and bottled fom authorize such change and notify the ap­ 3171 (a), 3176,1. R. C.) export, the brewer will enter the quantity propriate collector of customs. (Secs. so bottled in Form 139 at the line en­ 3153 (b), 3176,1. R. C.) § 192.260 Daily sales record. Each titled “Less tax-free transfers.” The brewer must keep at the brewery, and brewer will write in this line the words § 192.224 Shortage in foreign landing. available for inspection at all times, a “Bottled for export.” (Secs. 3153 (b), If a shortage is reported, the district daily sales record, showing in detail the 3176, I. R. C.) supervisor shall enter credit for the number and kind of packages, such as actual quantity, if any, received at the hogsheads, barrels, half-barrels, cases, § 192.196 Form 1626. Record will be foreign port as indicated by the evidence etc., of fermented malt liquor and cereal kept by the brewer on Form 1626 of all of landing and shall report promptly for beverages sold or'removed, the names fermented malt liquor bottled for export. assessment the amount of the tax due on and addresses of the purchasers, and the Entries must be made in this record the shortage. If shortages are disclosed amounts sold to each such purchaser. before the close of business of the busi­ in more than one export shipment of a The sales records will be held available ness day next succeeding the day on brewer, all the shortages reported dur­ for inspection for a period of four years. which the transactions occur. The ing a month may be included in a con­ (Sec. 3176,1. R. C.) brewer will attach one copy of Form 1626 solidated assessment to be reported at to each copy of Form 103 rendered by him the close of the month. (Secs. 3153 (b), § 192.263 Form 1689. Application 3176.1. R. C.) will be made on Form 1689 for the re­ to the supervisor, and one copy to the moval of fermented malt liquor from a Form 103 retained by him at the brewery. § 192.252 Labels. Bottles or cans con­ brewery, or from the bottling house of (Secs. 3153 (b), 3176, I. R. C.) taining cereal beverages not taxable as a brewery, for use as supplies on vessels § 192.201 Marks on containers. Each fermented liquors are required to have a and aircraft. (Sec. 3176,1. R. C.; sec. 3, keg, barrel, shipping case, crate cr other label*Settir\g forth the following informa­ 55 Stat. 602 (19 U. S. C. Supp., 1309)) package containing fermented malt liq­ tion: uor to be exported under these regula­ (a) Name of the brewer. 4. Sections 192.197, 192.205, 192.206, tions in this part, without the payment (b) The location of the brewery by 192.208, 192.214 to 192.218, inclusive, of tax, must plainly and legibly show city and state, or street number, city, and 192.221 to 192.223, inclusive, and the brewer’s name and address, and the state, if the brewer operates more than 192.258 (b) are amended by striking out words “Fermented Malt Liquor for Ex­ one brewery in the same city. “Form 550” wherever it appears therein, port—Lot No.-----” in letters and figures (c) Distinctive name of the beverage, and substituting therefor “Form 1689.” of not less than three-fourths of an inch if any. 5. This Treasury decision shall be ef­ in height. The lot number assigned (d) “Non-taxable as Fermented Liquor fective on the 31st day after the date of must correspond with the brewer’s serial Under Federal Law.” The label may its publication in the F ederal R egister. number of the FdUn 1689. (Secs. 3153 contain other statements desired by the (53 Stat. 318, 365, as amended, 367, 368, (b), 3176,1. R. C.) brewer if they are not inconsistent with 370, 371, 388, as amended, 394, 395, 396, the requirements of this section. (Sec. sec. 3, 55 Stat. 602; 26 U. S. C. 2829, 3150, § 192.204 Details on Form 1689. Each 3176, I. R. C.) application on Form 1689 will be given 3153, 3154, 3155, 3157, 3158, 3176, 3250, a serial number by the brewer, beginning § 192.259 Form 103. Each brewer 3271, 3278, 3280; 19 U. S. C. 1309) with number 1. On July 1 of each year shall keep Form 103, “Monthly Record [ seal] G eo. J. S choeneman, he shall begin a new series, commencing of Transactions at Brewery,” or its Commissioner of Internal Revenue. with number 1. The details required by equivalent in book form, reporting the application must be filled in com­ thereon the quantity of each kind of ma­ Approved: September 8, 1948. pletely and legibly by the brewer. The terial received and used in the produc­ E. H. F oley, Jr., name of the carrier—that is, vessel or tion of fermented malt liquor, the Acting Secretary of the Treasury. vehicle on which shipment will be car­ amount of fermented malt liquor pro­ [P. R. Doc. 48-8256; Filed, Sept. 14, 1948; ried from the exterior limits of the duced therefrom, the amount of fer­ 9:05 a. m.J Wednesday, September 15,1948 FEDERAL REGISTER 5375

TITLE 31— MONEY AND . structures—(a) Authority. (1) Fisher­ be maintained from navigable channels men, oystermen, and crabbers who de­ to established boat landings. All stakes FINANCE: TREASURY sire to operate in Chesapeake Bay, Mary­ shall project at least three feet above land and Virginia, and its navigable trib­ the surface of the water at all ordinary Chapter II— Fiscal Service, Depart­ utaries, are hereby authorized to con­ high stages of the tide. Fyke and other ment of the Treasury struct and maintain fishing structures, to submerged fishing structures shall be Subchapter A—- Bureau of Accounts make oyster bottoms, and to place and marked by stakes set at intervals not mark crab pots, subject to the regula­ greater than 50 feet. Marker stakes left Fart 211—D elivery of Checks and W ar­ tions in this section. in place between fishing seasons for sub­ rants to Addresses Outside the (2) This authority shall not be inter­ sequent reestablishment of the fishing U nited S tates, its T erritories and preted as setting aside exclusively for structure shall project at least eight feet P ossessions fisheries any area of navigable water. above the surface of the water at all WITHHOLDING OF DELIVERY OF CHECKS OR It does not give any property rights ordinary high stages of the tide and be WARRANTS either in real estate or material, or any marked as provided in subparagraphs exclusive privileges, and does not author­ (3) and (4) of this paragraph. Stakes S eptember 7, 1948. ize any injury to private property or in­ not in compliance with the above con­ Section 211.3 (a), appearing also as vasion of private rights, or any infringe­ ditions shall be spliced or withdrawn. § 211.3 (a) of Department Circular No. ment of Federal, State, or local laws or (3) Both ends of each fishing structure 655, dated March 19, 1941, is hereby regulations, nor does it obviate the neces­ shall be marked plainly by a bush or amended to read as follows: sity of obtaining State assent to the work other suitable and readily discernible day § 211.3 Withholding of delivery of authorized. • mark. checks or toarrants. (a) The Secretary (3) If at any time it shall be made (4) The name and address of the of the Treasury hereby determines that apparent to the Secretary of the Army owner of each fishing structure shall be postal, transportation, or banking facili­ that any fishing structure placed under displayed in black letters not less than ties! in general or local conditions in Al­ this authority causes unreasonable ob­ two inches in height, upon a white back­ bania, Germany and Japan are such that struction *to free navigation, the owner ground, on a stake at the outer end of the there is not a reasonable assurance that will be required, upon due notice from structure, at such height and' in such a payee in any of those countries will ac­ the Secretary of the Army, to remove or position that it may be easily read. The tually receive checks or warrants drawn alter such structure so as to render navi­ identification mark must be displayed against funds of the United States, or gation reasonably free, easy, and unob­ from the setting of the first stake until agencies or instrumentalities thereof, structed. removal of the last stake. and be able to negotiate the same for full (4) The United States shall in no case (5) Fishing structures, with the excep­ value. be liable for any damage or injury to tion of markers on oyster bottom lease­ fishing structures placed or work done holds and crab pots, shall be lighted be­ Except to the extent they have been under this authority which may be tween sunset and sunrise, by and at the authorized by unrevoked licenses of caused by or result from future opera­ expense of the owner, for the safety of Foreign Funds Control, remittances by tions undertaken by the Government navigation. A white light shall be dis­ United States Government agencies to for the conservation or improvement of played at the outer end of the structure. blocked countries will continue to be re­ navigation, or for other purposes, and The light shall have a capacity to bum stricted by Executive Order 8389, as no claim or right to compensation shall for at least eight days unattended and amended, and rules and regulations is­ accrue from any such damage. be visible in clear night weather at least sued pursuant thereto. (b) Supervision. General supervision one mile. The light shall be securely [seal] E. H. F oley, Jr., of the location, construction, and man­ placed on piles or stakes at an elevation Acting Secretary of the Treasury. ner of maintenance of all fishing struc­ of at least eight feet above mean low water and be visible from all points of the [F. R. Doc. 48-8255; Filed, Sept. 14, 1948; tures shall be exercised by the District 9:05 a. m.] Engineer, Corps of Engineers, having compass and from the air. It shall be jurisdiction over the waters in which the subject to inspection and approval of structures are placed. the District Engineer before use, and at (c) Fishing structures. (1) The term any time during use, and the owner shall TITLE ^2— NATIONAL DEFENSE “fishing structures” shall include lines make provision, by watchman or other­ Chapter I— Secretary of Defense of fish net, settings, stakes; leads, traps, wise, for its proper attendance, so that pounds, gill or fyke nets, heads, hedging, it shall be in effective condition and P ublication of T ransfer Orders oyster bottom and crab pot markers, and properly lighted at all times between sun­ set and sunrise. In case of removal of Cross R eference: Transfer Orders is­ similar appurtenances. The types of sued by the Secretary of Defense will be structures permitted shall conform to the fishing structure, the light prescribed published in the Notices section starting the laws of the State within which the above shall be maintained until the re­ with the current issue. structures are placed. moval of the last pile or stake. _ (2) No single fishing structures shall (6) There shall be installed and main­ have a length .greater than that pre­ tained on the structure by and at the ex­ scribed by the laws of the State within pense of the owner, such additional lights TITLE 33— NAVIGATION AND which ^ it is placed. The. distance be­ and signals, if any, as may be prescribed NAVIGABLE WATERS tween adjacent lines of fishing struc­ by the United States Coast Guard. tures shall be that prescribed by the laws (7) Fishing structures from which the Chapter II— Corps of Engineers, of the respective States of Maryland and nets have been temporarily removed will Department of the Army Virginia. In localities not covered by not be considered as abandoned if the the laws of these States, the distance structures are otherwise in a state of P art 206—F ishing and H unting - between lines of fishing structures shall good repair and are provided with the R egulations be a least 400 yards. Fishing structures necessary lights, name and address CHESAPEAKE BAY, MD., AND VA., AND ITS shall be construed as being in the same plates, and day markers. TRIBUTARIES line when the distance between adja­ (8) Crab pot stake markers shall be cent structures, measured along a line located shoreward of approved fish stake Pursuant to the provisions of section generally perpendicular to the struc­ limit lines and where no limit lines are 10 of the River and Harbor Act of March tures, is not more than 200 feet. When prescribed shall conform to the require­ 3, 1899 (30 Stat. 1151; 33 U. S. C. 403), adjacent structures are judged to be in ments, of paragraph (d) of this section. § 206.50 governing the placing and main­ the same line, the distance between The diameter of the stake shall not ex­ tenance of fishing structures in Chesa­ them, measured along a line generally ceed two inches at the water surface, peake Bay, Maryland and Virginia, and parallel to the structures, shall be at shall project at least six feet above the its navigable tributaries, is hereby super­ least 200 feet. The required openings surface of the water at all ordinary high seded by the following: between adacent structures shall be stages of the tide, and shall be marked § 206.50 Chesapeake Bay, Md. and Va., maintained clear and unobstructed. A with the name and address of the owner and its navigable tributaries;' fishing clear fairway at least 200 feet wide shall and a day marker consisting of a bush 5376 RULES AND REGULATIONS or other suitable and readily discernible charge of the locality or from the com­ (3) Fishing area east of mouth of object. manding officer of the using, agency.) Patapsco River. (9) Markers on oyster ground lease­ (7) In paragraphs (e), (f), and (g) of holds shall be of such size and type, and this section the geographic positions of Latitude Longitude shall have such markings, as may be pre­ a sufficient number of control points to scribed by the laws of the respective describe the approved fishing limits ac­ o / n O / h States of Maryland and Virginia. They curately are given. Positions of inter­ (Qk Fl R) “14K” ...... 39 10 44.0 76 26 00. 0 S “18B”...... may be placed channelward of approved mediate fishing structure buoys and aids S “20B”...... 39 13 30.0 76 20 00.Ó fishing limits under such conditions as to navigation marking the approved fish­ S “2A”_...... 39 14 45.0 76 17 49.2 may be prescribed by the District Engi­ ing limits which are not given may be S “22B”...... 39 16 12.0 76 14 30.0 S “25B”...... 39 14 48.0 76 14 54.0 neer in charge of the locality. located by referring to the charts. The S “26B”...... 39 12 45.0 76 15 48.0 (10) The owner of a fishing structure control points listed are connected by C 5...... 39 10 40.8 76 18 35.4 S “17B”...... shall be responsible for properly locating, straight lines unless otherwise indicated. Thence to point of be- constructing, and repairing such struc­ Aids to navigation used as control points ginning. ture and for maintaining such lights and may be renumbered or shifted by the markers as are required by the regula­ United States Coast Guard. In such (4) Upper Chesapeake Bay within tions in this section. Structures shall be cases the fishing limits do not change and Harford and Cecil Counties, (i) Within considered as abandoned at such time as the location of the control point remains Harford and Cecil Counties no fishing any or all of these requirements are not fixed at the geographic position given. structures shall be placed more than 800 fully complied with and the owner or (e) Baltimore District—(1) West side yards from shore or in water exceeding owners shall promptly remove all stakes of Chesapeake Bay north from Cove 18 feet in depth. from an improperly located or abandoned Point to Middle River. (ii) No fishing structures shall be structure or be subject to prosecution. placed within 1,000 yards of Pool es Improperly located or abandoned fishing Latitude Longitude Island. structures may be summarily removed, (iii) North of Rocky Point no fisíiing sold, or otherwise disposed of by the Dis­ O , n o , It structures shall be placed within 20(7 feet trict Engineer charged with general Unmarked point...... 38 23 09.8 76 22 33.8 Following line of 30-foot of the buoyed channel to and in North­ supervision of the locality. depth. east River. (d) Limits. \ (1) The approved limits S “IB” ...... 38 26 33.6 76 26 00.0 S “2B” ...... (5) East side of Chesapeake Bay south of the areas within which fishing struc­ S “3B” ...... 38 31 07.8 76 28 58.8 from Howell Point to lower end of tures may be placed, described in para­ S “4B” ...... S “5B”_...... 38 35 43.2 76 28 43.2 Tangier Sound. graphs (e), (f), and (g) of tins section, S “6B”...... 38 38 39.0 76 29 12.0 are shown on United States boast and S “7B”...... 38 41 24.0 76 30 06.0 Geodetic Survey charts printed subse­ C 25...... 38 43 34.8 76 29 57.6 Latitude Longitude S “8B”__...... 38 45 12.0 76 30. 00.0 quent to the date of approval or revision No limit line. O II O 1 of this section and which bear a note re­ S “9B” ...... 38 46 09.0 76 30 00.0 S “10B”...... Howell Point Light...... 39 22 16.8 76 06 40.9 ferring to such date or dates. Copies of C 27...... 38 49 56.4 76 27 45.6 N “6P”...... ~...... __ 39 20 23.2 76 10 45.6 these charts may be examined in the of­ C 29...... 38 51 47.4 76 27 29.4 Boll fPl R1 “4W” 39 19 46.2 76 11 33.0 No limit line. N “2F”—’...... 39 17 17.4 76 12 47.4 fices of the respective District Engineers. S “11B”...... 38 52 51.fi 76 26 33.0 S “93R” ______39 16 24.0 76 13 24.0 Regular aids to navigation are used 38 53 76 25 53.4 s “24B”...... 39 14 54.0 76 13 57.0 C 31...... 39.0 Following line of 20-foot where possible to mark the limits of the depth. areas, and special fishing structure buoys Following line of 25-foot depth to point 1,700 yards north­ Bell (FI R1 “6”...... - 39 11 00.0 76 16 47.4 erly of Sandy Point Light. (No limit line for a dis­ Bell (FI R) “4”...... 39 09 37.2 76 18 11.4 have been established where additional tance of 200 feet on either side of approach channel to Bell “2”...... 39 07 37.2 76 18 57.6 markers are necessary. These special Severn River.) S “27B”_...... 39 05 00.0 76 16 18.0 No limit line. No limit line. buoys are designated in paragraphs (e) Baltimore Light. (f), and (g) of this section as S “IB”, S Thence to and along line 200 feet westerly of and parallel to westerly edge of main channel to Baltimore Harbor Point on line of 25-foot depth in vicinity of Bell “2” “1W”, and S “IN” for the Baltimore, between (Qk FI W) “5C” and Bell (Qk FI W) “3B”. northeast of Love Point Light. Washington, and Norfolk Districts, re­ No limit line. Following line of 25-foot depth. spectively. Point bearing 329°45' true, 1,000 yards, from (Qk FI R) “14K”. (2) The approach to the mouth of any Latitude e Longitude navigable tributary or to the mouth of Latitude Longitude any navigable branch of any tributary O 1 II o / n shall be left free and unobstructed by 0 , /, O / // N “20C”...... 38 56 07.6 76 22 54.0 Bloody Point Bar Light.. 38 50 00.7 76 23 31.2 fishing structures. Where limit lines are S “19B”...... No limit line. not prescribed, the free and unob­ S “21B”. . „ ...... 39 14 16.7 76 19. 33.8 structed approach shall lie along the Point on line of 30-foot depth 4,500 yards northerly of Thence northeasterly on line parallel to northwestern N 20. . channel usually followed by boats and boundary of fishing area east of mouth of Patapsco Following line of 30-foot depth. shall have a width of not less than one- River (described in subparagraph (e) (3)) to point on third of the width of the mouth of the line ranging from S “2A” to (FI W) “1”. tributary or branch. Latitude Longitude Latitude Longitude (3) Within the navigable tributaries O where limit lines are not prescribed a O I It N 20 ...... 38 45 27.0 76 25 07.8 channel in deep water of at least one- S “28B” ...... 38 41 36.0 76 24 12.0 (PI ") “l” ______39 16 15.6 76 20 02.4 Bell (FI W) “7”...... 38 38 25.8 76 20 25.2 third of the total width of the waterway Following line of 21-foot at the locality shall be left free and un­ depth. obstructed for the use of boats. (2) Fishing area southeast of mouth S ll ...... 38 39 25.2 76 18 05.4 (4) No fishing structures shall be- of Patapsco River. No limit line. - placed within 500 feet of any buoy or Point 200 feet east of easterly edge of main channel to Following line of 21-foot depth from Point “A” 1,550 other aid to navigation (fishing structure Baltimore Harbbr bearing 270° true from S “12B” . yards northeast of S 11 to Point “B” 1,750 yards east of Thence to and along line 200 feet easterly of and parallel ? Point “A”. buoys excepted) placed or maintained by to easterly edge of main channel to Baltimore Harbor noiuuuiuw. . the United States Coast Guard. between N “8C” and N “12K.” Following line of 21-foot depth from Point “C 1,350 (5) No fishing structures shall be yards east of Point “B” to Point “D” southwest of Benoni Point. Placed within 200 feet of the edges of Latitude Longitude J.NO uuiu line. ... Point on intersection of line ranging from S 11 to b 6 witn dredged channels. line ranging from Bell (FI R) “10” to Bell (FI W) J. (6) Nothing in the regulations in this Point 40 yards northeast O 1 It ' of N “12K”...... 39 10 22.2 76 25 41.4 section shall supersede any danger zone S “16B” .. Latitude Longitude regulations prescribed by the Secretary S “15B”...... 39 08 48.0 76 21 36.0 S “14B”...... 39 08 12.0 76 21 00.0 o / of the Army for Chesapeake Bay and its S “13B”...... 39 05 24.0 76 21 24.0 O / II tributaries. (See Part 204 of this chap­ S “12B” ...... __T. 39 04 39.0 76 22 24.0 S 6 ...... -...... 38 36 35.4 76 20 13.8 Thence to point of begin­ SI ...... 38 33 55.2 76 20 28.8 ter. Copies of these regulations can be ning. No limit line. secured from the District Engineer in Wednesday, September 15,1948 FEDERAL REGISTER 5377

Point on line of 30-foot depths approximately 3,400 yards west of S l. Latitude Longitude Following line of 30-foot depth to its intersection with Latitude Longitude southerly Red Sector line approximately 4,000 yards west by south of Bell (FI W) “1”. ! II / ti o , II O , n Following southerly Red Sector line to its intersection Unmarked point...... 87 39 19.8 76 19 01.5 C “H*...... 38 12 34.8 76 43 43.5 with line of 18-foot depth in vicinity of Bell (FI W) "1”. Following line of 18-foot No limit line. Following line of 18-foot depth to point 5,300 yards east depth. Unmarked point____ ... 38 12 by north of Bell (FI W) “1”. 37.5 76 43 24.0 Unmarked point...... 37 40 07.2 76 18 16.0 Unmarked point — 38 12 14.8 76 43 20.6 No limit line. No limit line. Unmarked point...... 38 12 23.6 76' 42 11.2 Point on line of 18-foot depth 800 yards southwest of N 2. Unmarked point...... „.. 87 40 16.6 76 18 06.8 N ______38 12 38.2 76 42 12.9 Following line of 18-foot depth to point immediately Following line of 18-foot No limit line. south of Holland Island Bar Light. depth. Unmarked-point...... 38 13 23.8 76 41 43.9 No limit line. Unmarked point...... 37 40 51.1 76 16 22.1 Unmarked point______38 12 29.5 76 41 35.2 Point on intersection of line ranging from Holland Island (Fl W) “1”...... 37 42 43.3 76 16 56.1 S “19CW”...... Bar Light to N 12 with southerly Red Sector line 38 12 16.4 76 40 00.0 No limit line. S “19DW” 38 11 26.9 76 35 49.0 approximately 3,100 yards south from Holland Island Unmarked point...... 37 42 45.4 76 16 37.2 S “19EW”...... Bar Light. 37 40 52 4 76 16 026 Unmarked point.______38 08 26.7 76 32 58.9 S “12AW”_‘...... Unmarked point______38 06 32.4 76 30 18.6 S “12W”„ ...... 37 41 16.5 76 11 28.7 Unmarked point...... Latitude Longitude 38 04 31.6 76 26 01.9 S “12DW”...... Unmarked point...... 38 06 03.2 76 26 32.6 S “12BW”...... 37 46 58.2 76 12 13.0 Unmarked point...... 38 06 46.6 76 27 37.5 O / W 0 , „ S3...... «...... 37 47 45.8 76 15 27.4 No limit line. No limit line. Unmarked point______38 07 06.2 76 27 31.2 N 2 ... ______... 37 47 03.6 76 05 42.0 Great Wicomico River Unmarked point...... S “31B.” _____ : __ „ 37 44 24.0 • 76 02 42.0 38 06 33.0 76 26 41.8 Light...... 37 48 15 0 76 16 04.6 Unmarked point...... 38 07 56.2 76 27 09.2 Tangier Sound Light...... 37 47 16.6 75 58 26.7 S “12CW”...... 37 48 24.7 76 12 03.0 No limit line. S “13W”__— ...... 37 50 61.3 76 11 06.2 Unmarked point.... 38 08 03.5 76 26 40.6* 37 52 47.1 76 11 02.8 Unmarked point... .. 38 04 15.1 76 25 25.0 (6). Fishing area in vicinity of Sharps Unmarked point...... 38 03 50.7 76 24 33.1 Island. Unmarked point...... 38 05 27.2 76 24 43.0 (2) Fishing area east of mouth of Rap­ No limit line. Point on line of 30-foot depth due west of S 3. pahannock River. N “2GP”.__...... 38 05 27.1 76 24 21.0 Following line of 30-foot depth: Unmarked point 38 03 39.5 .76 24 09.7 Bell “2”...... 38 01 25.9 76 19 23.4 S “20W”...... 38 02 19.7 76 17 26.2 Latitude Longitude Latitude Longitude O II O 1 II (5) West side of Chesapeake Bay o i n O / If north from Point Lookgut to Cove Point. 8 “29B”______38 40 06.0 76 23 08.4 S “8W”— ...... 37 34 45.7 76 14 80.1 s. 38 38 06.0 76 20 45.6 S "8AW” ...... Oh it • ...... 38 36 38.4 76 21 04.2 S “10W”...... 37 36 58.3 76 h 38.7 Latitude Longitude S3— , ...... si______38 35 03.6 76 23 03.6 S “9W”...... 37 34 12 8 76 h 44.9 Thence to S “8W”. Thence due west to point , of beginning. O II O/ II S “20W”...... 38 02 19.7 76 17 26.2 (3) Rappahannock River in vicinity of Point No Point Light__ 38 07 40.6 76 17 26.3 Unmarked point...... 38 17 49.4 76 22 00.0 (7) Pocomoke Sound. Tappahannock. Following line of 30-foot depth. Latitude. Longitude Unmarked point 38 18 59.0 76 22 22.1 Latitude Longitude iFl W1 “3” ______38 19 03.8 76 23 56.0 No limit line. 0 / O t I I O/ „O / ft „ Drum Point Light...... 38 19 09.2 76 25 16.3 White 8 “O” __ Unmarked point..;____ 37 49 28.7 76 43 56.5 S “21W”___...... 38 20 48.7 76 21 51.1 37 54 45.0 75 48 03.6 C 9...... 37 51 17.9 76 45 26.6 Following line of 30-foot C 9...... 37 56 08.4 76 44 32.4 S “ 7CW”...... 37 51 56.8 76 46 05.3 depth. White S “E”—._ ____ 37 57 00.0 75 43 33.0 Unmarked point______Pocomoke Channel Light Unmarked point...... 37 53 27.5 76 46 51.6 38 23 09.8 76 22 33.8 “1” _ ...... C 11...... 37 53 40.3 76 47 05.1 37 57 22.4 75 42 48.6 C 13...... 37 55 03.3 76 49 20.6 No limit line. Unmarked point...... 37 55 50.3 76 51 08.9 ' (6) Fishing area at mouth of Patuxent Pocomoke Channel Day Unmarked point______37 56 16.3 76 51 35.0 River. Marker “2”... 37 57 20.0 75 42 46.9 Unmarked point...... 37 67 46.9 76 51 42.0 North End Point Light.. 37 56 18.5 75 43 ¿2.5 Unmarked point______37 58 29.1 76 52 01.5 Startling Creek Light Latitude Longitude “1”...... 37 55 27.0 75 44 07.8 No limit line. S “30B”_. 37 54 30.0 75 46 15.0 Unmarked point______37 58 30.6 76 51 54.0 Unmarked point______37 57 46.1 76 51 33.8 O / O (Fl W) “6”...... 37 52 21.6 75 49 07.2 Unmarked point.______37 56 19.3 76 51 26.9 II S “7FW” ...... 37 55 52.8 76 50 57.2 Unmarked point...... 38 19 30.2 76 22 43.8 S “7EW”...... 37 55 09.6 76 49 18.0 Following line of 30-foot (f) Washington District—(1) West S “7DW”...... 37 53 37.9 76 46 48.4 depth. side of Chesapeake Bay north from Wolf S “7BW”...... 37 51 59.7 76 45 58.4 Unmarked point...... 38 19 48.2 76 23 18.7 S “7AW”__...... 37 51 24.3 76 45 22.8 Unmarked point...... 38 20 31.6 76 21 48.8 Trap Light to Smith Point Light. Unmarked point______‘ 37 49 3L6 76 43 48.8 Following line of 30-foot depth. Unmarked point...... 38 19 56.9 76 21 47.4 Latitude Longitude Thence to point of be­ (4) Potomac River. ginning. O / II O / II C 13...... 37 23 29.0 76 10 27.9 Latitude Longitude S "1BW”...... (g) Norfolk District—(1) South side S “1AW”. . of Chesapeake Bay between Cape Henry S "1W”_ . O / II II and Hampton Roads. g “2W”_ . . Smith Point Light_____ 37 52 47.1 76 11 02.8 S “3W”_„. 37 32 15.8 76 11 30.4 C l ______37 54 09.7 76 11 49.3 S “4W” . 37 33 34.8 76 13 25.0 R“14W” ______Latitude Longitude g “4A W”. 8 “HAW”______C 3...... 37 31 46^9 76 18 20.0 8 “15W” . ______No limit line. S “16W”...... Unmarked point 37 32 05.1 76 18 32.5 S “16AW”...... Unmarked point 10...... 36 65 31.3 76 02 44.8 S “5W” S “17W” ^ ...... * S “39N"...... 36 55 49.9 76 03 06.2 S “5AW”. Unmarked poUPt______38 01 35.6 76 24 61.2 8 “38N”...... S “6W” 37 33 54.9 76 13 31.5 Unmarked point,..... 38 00 05.9 76 27 02.8 S “37N”...... 36 55 30.1 76 04 35.3 S “6AW’' Unmarked point...... 37 59 33.5 76 26 51.6 Unmarked Point 9...... 36 54 51.1 76 04 21.9 Unmarked point 37 35 26.2 76 21 20.6 No limit line. S No limit line. No limit line. 87 59 37.0 76 27 11.3 Unmarked Point 8...... 36 54 51.1 76 06 46.7 N 2. • 37 36 06.8 76 21 20.6 Unmarked point...... 38 00 00.0 76 27 19.2 B “36N”...... 36 55 52.9 76 06 07.9 S “7W”_._ Unmarked point . __ ... .. 38 00 16.8 76 27 18.7 S “35N”...... Unmarked point 37 34 49.6 76 14 51.1 Unmarked point,. ___ - 38 01 45.2 76 25 08.7 S “34N”...... 36 57 00.5 76 06 07.9 Unmarked point...... 37 37 19.0 76 11 37.5 Unmarked point...... r 38 03 04.8 76 27 27.8 S “33N”...... S “10AW” __ Unmarked point______38 02 06.8 76 29 55.3 S “32N”...... S *‘11W”.. 37 40 46.7 76 11 29.9 Beacon (FIT. ______T_. 38 01 51.0 76 32 12.7 S “30N”...... 36 57 31.1 76 08 08.9 S"11AW” No limit line. S “3lN”...... Unmarked point...... 37 40 23.3 76 15 56.6 Unmarked point...... 38 02 10.2 76 32 15.1 Unmarked Point 7 36 55 30.4 76 08 41.5 C 3.. 37 39 19.7 76 18 00.6 38 02 25.7 76 30 02.8 No limit line. Following line of 18-foot 8 “18W” .' 38 03 17.8 76 27 50.2 Unmarked Point 6...... 36 55 49.6 .76 11 03.7 depth. S “18AW"...... S “29N”...... 36 58 05.9 76 10 27.0 Unmarked point______87 38 45.4 76 18 56.1 (Fll “5A ” ______88 07 05.9 76 33 19.7 S “28N”.._ ...... No limit line. S “19W”...... 88 09 27.8 76 35 51.1 S “27N”...... 36 59 09.4 76 14 39.8 Unmarked point...... 37 38 61.0 76 19 04.8 8 “19AW” ___ S “26N"...... Following line of 18-foot 8 “19RW” ______38 11 05.9 76 44 33.6 S “25N”...... 36 59 02. 5 76 18 11.0 depth. No limit line. S “24N”______36 58 08.4 76 18 15.0 Unmarked point...... 37 39 13.9 76 19 04.5. N “4A”...... 38 12 05.0 76 44 36.1 Willoughby Light...... 36 57 49.7 76 17 53.9 No limit line. Unmarked point___”... 38 12 12.3 76 43 40.0 5378 RULES AND REGULATIONS (2) James River and Hampton* (v) Point of Shoals fishing area. (xi) Newport News to Old Point Com­ Roads—(i) South side of river from fort. Craney Island Light to Jamestown Latitude Longitude Latitude Longitude Island. / O Unmarked Point 38...... 37 02 58.5 76 35 53.0 o , .// o , „ Latitude Longitude Unmarked Point 40...... 37 03 03.9 76 36 56.9 Unmarked Point 11...... 36 58 07.0 76 24 29.9 N 4...... 37 03 03.0 76 38 30.0 Bell (FI R) “2”...... 36 57 36.5 76 24 33.5 N 6...... 37 03 13.5 76 39 01.0 S “20N"...... 36 57 51.2 76 22 31.5 O , n O ,„ Unmarked Point 42.___ 37 03 59.0 76 39 21.6 S “19N”...... Craney Island Light___ 36 53 32.2 76 20 18.6 Unmarked Point 44____ 37 05 23.0 76 38 33.0 S “18N”...... 37 00 11.5 76 20 31.4 S “8N”...... 36 54 06.2 76 20 24.9 Unmarked Point 46...... 37 06 40.0 76 38 27.5 Unmarked Point 12...... 37 00 47.4 76 20 31.0 S “7N”...... Unmarked Point 47...... 37 07 02.5 76 38 17.9 No limit line. S “6N”...... 36 56 08.4 76 23 20.3 Unmarked Point 35...... 37 03 21.9 76 35 40.5 Unmarked Point 13____ 37 00 51.9 76 20 16.3 S^‘5N”...... Thence to Unmarked Hampton Creek Light... 37 00 28.7 76 20 16.6 Nansemond River Light, 36 54 52.3 76 26 40.2 Point 38. Unmarked Point 14...... 37 00 13.5 76 19 00.0 No limit line. S “4N”...... 36 55 03.0 76 26 46.5 S “3N”...... 36 56 06.1 76 24 41.8 (vi) Fishing area northeast of Hog (xiiy-Hampton Bar fishing area. S “2N” ..-...... Island. C 1...... 36 57 53.5 76 26 42.0 C 3...... 36 59 06.9 76 27 56.1 Latitude Longitude Unmarked Point 1_____ 36 59 30.0 76 28 58.0 Latitude Longitude Unmarked Point 20— 36 59 49.0 76 29 ‘22.5 Unmarked Point 22____ 37 00 36.6 76 31 02.9 Unmarked Point 23...... 37 00 43.7 76 32 36.3 S “22N” ...... 36 58 07.6 76’ 22 02.5 Unmarked Point 25____ 37 00 40.3 76 33 52.0 N ...... 37 10 09.2 V6 38 17.0 S “21N”...... No limit line. Bell “2”...... 37 11 26.0 76 39 34.0 S “17N”...... 37 00 11.3 76 20 16.6 Unmarked Point 26...... 37 00 45.0 76 33 52.4 37 11 57.5 76 40 13.0 S “23N” ...... 36 59 56.1 76 18 49.1 Unmarked Point 24------37 00 48.6 76 32 36.7 37 12 18.0 76 40 56.5 N 14...... 36 59 45.3 76 19 25.4 37 00 49.4 76 31 30.0 37 12 44.5 76 40 19.8 N 16...... 36 59 16.1 76 20 21.6 C 3...... 37 01 59.5 76 33 58.0 37 12 40.7 76 39 43.9 N 18...... 36 58 46.2 76 21 06.2 C 1...... - ...... 37 02 46.5 76 36 12.5 37 12 24.5 76 39 17.8 Thence to S “22N”. Unmarked Point 37...... ! 37 02 58.0 76 37 04.5 37 11 54.4 . 76 38 39.6 Unmarked Point 39...... 37 02 57.0 ,76 38 47.0 37 11 27.9 76 38 13.1 Unmarked Point 41...... 37 03 14.5 76 39 21.0 37 10 55.9 76 38 02.3 Unmarked Point 43——— 37 03 51.0 76 39 37.5 (3) West side of Chesapeake Bay Unmarked Point 45----- 37 05 13.5 76 38 49.8 Thence to N. north from Old Point Comfort to Wolf C 7...... 37 05 51.5 76 38 61.5 Trap Light. C 25...... -...... 37 09 12.7 76 38 35.8 Unmarked Point 61...... 37 11 17.0 76 39 45.0 (vii) Approach channel to Chicka- Unmarked Point 63...... 37 12 21.5 76 41 27.0 hominy River. Unmarked Point 65...... 37 11 50.6 76 43 00.5 Latitude Longitude Unmarked Point 67...... 37 10 27.6 76 44 55.0 Latitude Longitude o / tt o t tt Old Point Comfort Light. 37 00 05.8 76 18 24.5 (ii) North side of river from James­ 37 00 28.0 76 16 28.-T S “40N”...... town Island to Newport News. S “165N”...... 37 13 21.9 76 48 20.9 S “41N”...... S “167N”...... S “42N” ...... S “169N”...... - 37 14 07.0 76 50 21.4 S “43N” ...... Latitude Longitude S “171N” ...... 37 14 03.3 76 5U41.5 Gong (FI W) “1”...... 37 05 33.9 76 14 57.0 S “173N” ...... 37 14 10.7 76 52 28.0 37 05 50.0 76 15 52.0 No limit line. No limit line. / S “174N”...... 37 14 15.0 76 52 17.0 37 06 14.3 76 15 48.7 Unmarked Point 69...... r 37 11 14.0 76 45 25.0 S “172N”...... 37 14 09.3 76 51 41.0 S “54N” ...... 37 05 58.2 76 14 53.6 Unmarked Point 68...... 37 10 54.4 76 44 30.6 S “170N”...... 37 14 13.0 76 50 20.0 S “55N” ...... Unmarked Point 66...... 37 11 56.6 76 43 05.2 S “168N”...... S “ 56N” ...... Unmarked Point 60...... 37 12 55.9 75 40 51.7 S “166N”...... 37 13 25.0 76 48 11. 7 S “57N” ...... Unmarked Point 58____ 37 12 48.2 76 39 39.6 S “58N” ...... Unmarked Point 56____ 37 12 30.6 76 39 11.1 S V59NIJ ...... 37 12 29.0 76 17 29.9 Unmarked Point 54...... 37 12 00.0 76 38 32.5 s “6 o r . . . : ...... 37 13 24.8 76 19 17.5 Unmarked Point 52...... 37 11 32J 76 38 05.2 (viii) Prohibited area in vicinity of S “61N” ...... 37 12 20.2 76 20 37.7 Unmarked Point 50____ 37 10 31.“ 76 37 45.2 Jordan Point. S “62N” ...... 37 10 36.1 76 22 16.1 Deep Water Shoals Light. 37 08 55.4 76 38 13.7 No limit line. Unmarked Point 48...... 37 07 12.2 76 38 14.1 S“7fiN” . . . ___ 37 10 43 3 76 22 27.9 Unmarked Point 36...... 37 03 21.8 76 35 30.5 Latitude Longitude S “77N’’ ...... 37 12 28.0. 76 20 48.9 N “12”...... 37 03 12.0 76 34 45.0 S “78N” ...... 37 13 31.3 76 19 30.3 (FI R) “10”...... 37 03 15.0 76 33 35.5 S “79N” ...... 37 13 57.9 76 21 10.4 N 8...... 37 01 44.0 76 31 12.5 0 , o / i f No limit line. Bell (FI R) “6”...... 37 01 13.5 76 30 17.0 Unmarked Point 70...... 37 18 15.7 77 12 19.3 N “2B” ...... 37 14 59.2 76 22 39.7 Upmarked Point 4...... 37 00 19.5 76 27 57.7 Unmarked Point 71...... r 37 18 18.0 77 12 17.0 S “80N” ...... Unmarked Point 5...... 36 59 34.5 76 26 54.5 Unmarked Point 72____ 37 18 56.8 77 13 18.1 S “8iN” ...... 37 14 03.9 76 19 11.2 Following line of 25-foot •Roll (FI W) “2” --- 37 13 06.0 76 17 19.8 depth. S “90N” .1...... 37 14 28.0 76 15 39.2 Unmarked Point 73____ 37 18 19.5 77 14 54.2 S “91N” ...... — (iii) Fishing area northeast of Nase- Unmarked Point 74..___ 37 17 47.2 77 14 46.8 S “92N” ...... S “93N” ...... way Shoal. S “94N”...... 37 17 49.9 76 19 12.6 S “95N” - —...... (ix) Fishing area north of Craney S “96N” ...... 37 20 22.7 76 22 14.8 Latitude Longitude S “97N” ...... 37 19 54.2 76 22 53.0 Island Flats. No limit line. o t tt O ! It S “98N”...... 37 19 55.9 76 23 17.9 S “99N”...... 37 20 29.4 76 22 33.0 S “IN”...... 36 59 20.8 76 27 36.2 Latitude Longitude S “i66N” ...... 37 21 22.5 76 24 56.4 Unmarked Point ...... 36 59 87.0 76 28 54.5 No limit line. '* 37 00 28.5 76 29 56.0 S “101N” ...... 37 22 27.0 76 23 38.4 37 00 00.5 76 28 22.0 o i n S “102N” ...... 37 21 21.0 76 22 00.0 Thence tö S “IN”. fi “10N” .... 36 55 15.6* *-76 .21 45.6 37 21 12.7 76 21 08.5 S “9N” ...... 36 56 09.6 76 23 03.4 (Ft) __ ...... 37 22 13.2 76 20 41.1 a “12N” 36 56 17.3 76 22 08.9 No limit line. f i“11N” 36 55 41.6 76 21 17.6 37 22 05.8 76 20 21.3 (iv) White Shoal fishing area. Thenè(Tto S “ION” . N 2 ...... 37 21 32.5 76 20 40.3 % Bell “6”...... 37 19 56.2 76 20 41.7 fi “103N” Latitude Longitude S “104N” ...... 37 18 05.3 76 18 49.9 (x) Middle Ground fishing area. S “TORN” S “lOfiN” O/ tt O , „ fi “107N” Unmarked Point 28____ 37 00 46.0 76 29 54.3 Latitude Longitude S “108N” ...... 37 14 45.0 76 15 18.3 Unmarked Point 29____ 37 00 46.5 76 30 28.0 fi “moN” Unmarked Point 30____ 37 01 16.7 76 81 37.1 fi “11 ON” Unmarked Point 31...... 37 02 40.8 76 34 38.7 o r tt . O f If R “111N” Unmarked Point 32...... 37 03 02.0 76 34 18.0 S “14N” ______36 66 27.5 76 23 25.8 C “9A”...... 37 17 50.2 76 11 30.7 Unmarked Point 33____ 37 02 51.0 76 33 29.5 fi “13M” ...... - 36 56 59.1 76 24 08.0 8 “112N” Unmarked Point 34...... 37 01 33.0 76 31 23.0 S “16N” ______36 57 02.1 76 24 03.9 S “113N” r Thence to Unmarked S “15N”...... 36 56 42.4 76 23 03.1 C 11 Point 28. Thence to S “14N”. C 13...... 37 23 29.6 76 10 27.9 - : Wednesday, September 15,1948 FEDERAL REGISTER 5379

(4) Fishing area northeast of Hamp­ purpose of rating claims for compensa­ ton Roads. Latitude Longitude tion or pension as though the records were received from a Veterans’ Adminis­ 0 / // Off/ tration field station. These records, how­ Latitude Longitude R “1K2N” 37 32 55.2 75 59 31.2 S “151N” ...... 37 32 55.2 75 58 05.4 ever, must present the essentials upon o / // O i ft No limit line. which ratings are to be founded, that is S “150N” ...... 37 32 10.2 75 58 24.0 37 00 31.1 76 16 12.7 S “149N”...... 37 31 39.6 75 59 54.6 the disabling conditions must be ade­ 8 “44N”____ 1-^._____ S “148N” ...... quately identified; sufficient findings R “45N’% ______S “147N” ...... 37 28 30.7 76 00 40.6 must be reported to permit proper evalua­ R “4fiN” ______S “ 146N” ...... : ...... 37 28 15.0 75 59 06.0 R “47N" ______No limit line. tion of the condition, and they must be p “48N” __ _ 37 05 29.8 76 14 42.9 S “145N” ...... 37 27 40.2 75 59 19.8 certified by chief medical officers or their S “ 144N” ...... 37 27 26.4 76 00 56.3 p “SAW” _ ____ 37 04 40.0 76 11 53.3 S “143N” ...... physician designates. As to private in­ R “SIN” ______S “142N” ...... stitutions, the hospitals listed in the hos­ R “S9N" . ___ 37 02 21.8 76 12 24.4 S “141N” ...... 37 24 11.3 76 01 43.7 p “SSN” S “WON”...... 37 23 58.8 76 00 05.4 pital number of “The Journal” of The Thimble Shoal Light----- 37 00 51.8 76 14 24.1 No limit line. American Medical Association (usually Thence to Unmarked S “139N” ...... 37 23 07.2 76 00 21.6 published in April of each year) and Point 16. S “138N” ...... 37 23 05.5 76 01 59.7 S “137N” followed by the symbol consisting of a S “136N” _ shaded triangle a rf recognized. This (5) Fishing area east of mouth of Back S “ 135N” _ 8 “134NT” symbol indicates that the hospital has River. R “ISSN” been approved by The American College S “ 132N” ...... 37 15 04.2 76 03 56.4 , 76 03 20.4 of Surgeons as meeting unconditionally Longitude S “ 131N” ...... 37 14' 02.4 Latitude S “130N” ...... 37 14 27.1 ‘ 76 02 35.7 its minimum requirements for general No limit line. standardization. If the name of the O f / / ; p / // S “129N” ...... 37 14 07.4 76 02 06.0 S “128N” ...... 37 13 35.1 76 03 04.6 private hospital at which the veteran fi “fiKN” - __ 37 05 53. 0 76 14 36.0 ,8 “ 1271S! ” was examined or treated does not appear 8 "66N” > _ 8 “12fVN” 8 “67N” ______8 “12/iN” on the approved list, the chief medical 8 “fitfNT” officer or his physician designate will be R“fiOW” '• , 75 59 17.4 R “7AN” ___ 37 12 18.9 76 17 10.3 S “123N”...... 37 07 03.6 requested to advise whether the hospital n ' \ 37 11 64.1 76 16 22.6 S “71N” meets the minimum requirements for the S “72N” .. [Regs. Aug. 19. 1948, CE 800.217 (Chesa­ care and treatment of Veterans’ Admin­ R “7*N” - ___ peake Bay)—ENGWR] (30 Stat. 1151; istration patients and for hospital facili­ S “74N”...... 37 07 48.8 76 12 05.7 R “7SN” : 33 U. S. C. 403) ties as prescribed in current directives S-“63N” -...... 87 05 03.7 76 11 47.9 of the Department of Medicine and Sur­ S “64N” . [ se a l ] , E dward F. W it s e l l , Thence to S “65N”. Major General, gery. Depending upon the advice of the The Adjutant General. chief medical officer or his physician designate, the report will be accepted or (6 ) Fishing area southeast of mouth of [P. R. Doc. 48-8251; Piled, Sept. 14, 1948; corroborative examination by the Vet­ York River. 9:03 a. m.] erans’ Administration requested. It is ------7“ ------to be understood that such records, in Latitude Longitude those instances where maintenance is TITLE 38— PENSIONS, BONUSES, not at the expense of the Veterans’ Ad­ Of// O f // ministration, should not be accepted as Bell (I Qk Fl W)...... 37 08 50.6 76 12 12.3 AND VETERANS’ RELIEF S “86N” claims for increase if they are routinely S “87N" Chapter I— Veterans’ Administration submitted, but only where there is an in­ S “88N” . . 37 12 21.1 76 15 52.7 S “89N”...... 37 12 52.9 76 16 54.2 dication that they are being submitted 8 “82N” ____ 37 14 09.8 76 15 19.9 P art 3— Adjudication; D isallowance for the purpose of claiming increased R “83N” and Awards benefits. S “84N”...... 37 11 28.0 76 12 29.3 S "85N” application for increase based upon Thence to Bell (I Qk FI (Sec. 4, 48 Stat. 9; 38 ü. S. C. 704) W). CHANGED PHYSICAL CONDITION [seal] O. W. Clark, 1. In § 3.1216, paragraphs, (b) and (c) Executive Administrator (7) Fishing area east of mouth of York are amended to read as follows; of Veterans’ Affairs. River. § 3.1216 Application ~ for increase {F. R. Doc. 48-8263; Filed, Sept. 14, 1948; based upon changed physical condition. 8:45 a. m.] Latitude Longitude * * * o t tt Of// Vo) Statement by private physician. S “114N”. ,______37 12 09.0 76 12 33.7 A statement by a private physician show­ TITLE 42— PUBLIC HEALTH S “115N” __ ing increased disability submitted by or s “ii6N” ...... r r :.... 37 14 26.8 76 14 59.0 Chapter I— Public Health Service, S “117N” __ on behalf of a veteran for the purpose of S ‘T18N”__ obtaining increased benefits may be ac­ Federal Security Agency S “119N” ...... cepted as an informal claim and pay­ S “120N” ...... 37 17 10.3 76 11 38.0 P art 71—F oreign Quarantine S “121N” ..: ments awarded from the date of receipt S “122N”. . of the evidence, if otherwise in order: MISCELLANEOUS^ AMENDMENTS Thence to S “114N.” Provided, That the findings contained therein-are subsequently verified by an Cross R eference: For amendments to (8) East side of Chesapeake Bay south official Veterans’ Administration exami­ §§ 71.503, 71.504? 71.508, 71.511 and from Onancock Creek to Cape Charles. nation. 71.513 see Title 19, Chapter I, Part 6, (c) Physical examination reports, clin­ supra. Latitude Longitude ical records and transcripts of records received from State, county, municipal O f // O f it and recognized private institutions and P art 72—Interstate Quarantine S “164N” _...... 37 43 24.0 76 61 42.0 S “163N” ...... contract hospitals. Generally, physical S “162N”...... 37 43 40. 8 75 54 57.0 examination reports, clinical records and MISCELLANEOUS AMENDMENTS S “161N”...... transcripts of records from State, county, S “160N” ...... 1. The following paragraph is added S “159N” __ municipal and recognized private insti­ 4o §72.1: S “158N”...... 37 38 23.2 75 57 12.1 tutions and contract hospitals relative to S “157N” ...... 37 38 23.4 75 56 30.0 No limit line. veterans undergoing treatment or dom­ § 72.1 General definitions. * * * S “356N” ...... iciled therein, whether by the Veterans’ (r) Shellfish. Any fresh, frozen, or S “155N” __ 37 ^o7 36. Ò 75 56 00.0 incompletely cooked oysters, clams, or S “154N” 37 37 23.9 75 57 37.3 Administration or otherwise, will be ac­ 6 “153N”____ corded the same consideration for the mussels, either shucked or in the shell, 5380 * RULES AND REGULATIONS

and any fresh, frozen, or incompletely TITLE 43-—PUBLIC LANDS: eral Works Administrator for the per­ cooked edible products thereof. formance of such functions. With the INTERIOR* exception of such latter responsibility, 2. The following section, § 72.24, is Chapter II— Bureau of Reclamation, the Commissioner of Community Facili­ added to subpart C: ties is authorized to assign, delegate, or Department of the Interior § 72.24 Shellfish. A person shall not redelegate any of the responsibilities, offer for transportation, or transport, in P art 401—Applications for E ntry on authority, or functions as hereinabove P ublic Lands and W ater R ental delegated to any officer or employee of interstate traffic any shellfish handled or the Bureau of Community Facilities, stored in such an insanitary manner, or KLAMATH IRRIGATION PROJECT, PARTS 1 AND either in the departmental or in the field grown in an area so contaminated, as to 2, TULE LAKE DIVISION, OREGON AND CALI­ service. render such shellfish likely to become FORNIA (a) Administrator’s Books. The Com­ Cross R eference: For public notice missioner of Community Facilities shall agents in, and their transportation likely announcing availability of water for pub­ to contribute to, the spread of communi­ from time to time submit to the Federal lic lands and opening of public lands to Works Administrator lists of projects, cable disease from one State or posses­ entry, see F. R. Document 48-8239 under % designated “Administrator’s Books,” sion to another. Department of the Interior, Bureau of describing generally the projects for Reclamation, in the Notices section, which allotments for contributions for 3. Paragraph (a) of § 72.164 is amend­ infra. ed to read as follows: the operation and maintenance of school facilities have been requested under said § 72.164 Source of food and drink: law. Every Administrator’s Book shall identification and inspection, (a) Oper­ TITLE 44— PUBLIC PROPERTY be accompanied by the recommendation ators of conveyances shall identify, when AND WORKS of the Commissioner of Community Fa­ requested by the Surgeon General, the cilities and by appropriate supporting Chapter II— Bureau of Community data. The approval by the Federal vendors, distributors, or dealers from Facilities, Federal Works Agency Works Administrator of any Administra­ whom they have acquired or are acquir­ [Administrative Order 62] tor’s Book, in whole or in part, shall con­ ing their food supply including milk, stitute his approval under said law of milk products, frozen desserts, bottled /Part 213—D elegations of Authority the respective projects covered by such water, sandwiches, box lunches, and SUBPART B— SCHOOL ASSISTANCE PROGRAM, . approval and his allotment of the shellfish. FISCAL YEAR 1949 amounts specified for such projects to the respective applicants. S eptember 1, 1948. 4. Paragraph (f) of § 72.165 is amend­ (b) Execution of agreements. The ed to read as follows: Program authorized by Public Law 839, Commissioner of Community Facilities 80th Congress, for making contributions is authorized to enter into agreements, § 72.165 Milk, milk products, and to certain classes of local school agencies including amendments and supplements shellfish. * * * during the fiscal year ending June 30, thereto, with local school agencies for (f) Shellfish purchased for consump­ 1949, for operation and maintenance of providing contributions for the opera­ tion on any conveyance Shall originate school facilities. tion and maintenance of their school from a dealer currently listed by the Pub­ Delegation by the Federal Works Ad­ facilities under said law, and is other­ ministrator to the Commissioner of Com­ lic Health Service as holding an un­ wise authorized to take all action neces­ munity Facilities of responsibility for sary to effectuate the approval of and expired and unrevoked certificate issued carrying out the provisions of Public Law the allotments made by the Federal by a State authority.2 . 839, 80th Congress, approved June 29, Works Administrator. (Sec. 361, 58 Stat. 703; 42 U. S. C. 264) 1948, authorizing the Federal Works Ad­ (c) Issuance of operating procedures ministrator to make, in the same manner and instructions. The Commissioner of The foregoing amendments, further as heretofore authorized, during the fiscal Community Facilities is authorized to implementing the provisions of. section year ending June 30, 1949, contributions issue such operating procedures and in­ 361 of the Public Health Service Act, 58 for-the operation and maintenance ©f structions not in conflict with Federal Stat. 703; 42 U. S. C. 264, are issued school facilities to local school agencies law or this order as he may deem neces­ principally for the purpose of preventing requiring assistance that (a) are still sary to carry out his functions under this the spread of communicable disease from overburdened with school enrollments order. one State or possession to another inso­ caused by. war.„activities and the transi­ (d) Name of program. This program far as the danger of such spread arises tion from war to peacetime conditions shall be known as the “School Assistance and have received during the fiscal year Program, Fiscal Year 1949.” from the sanitary conditions under ending June 30, 1948, Federal contribu­ which shellfish are grown, handled, or (e) Delegation Additional to Existing tions administered by the Federal Works Duties. The authorities, duties, and re­ stored. Notice of proposed rule-making Administrator for the operation and sponsibilities vested hereunder shall be in connection with these amendments maintenance of their school facilities, or in addition to those hereto vested in the was published in the F ederal R egister on (b) have become overburdened with de­ Commissioner of Community Facilities. August 4, 1948 (13 F. R. 4483), and the fense-incurred school enrollments as the hearing referred to therein was held at result of the reactivation or expansion of (Pub. Law 839, 80th Cong.) the announced tinje and place. any defense establishment or the opera­ P hilip B. F leming, tion of any new defense establishment. Federal Works Administrator. Effective date. The foregoing amend­ By virtue of the authority vested in the ments shall become effective thirty days Federal Works Administrator and pur­ [F. R. Doc. 48-8237; Filed, Sept. 14, 1948; after their publication in the F ederal suant to Public Law 839, 80th Congress, 8:47 a. m.] R egister. approved June 29, 1948, it is hereby or­ Leonard A. S cheele, dered : Surgeon General. TITLE 49^-TRANSPORTATION § 213.11 Delegation to Commissioner. AND RAILROADS Approved: September 9, 1948. Except as otherwise expressly provided Chapter II— Office of Defense. Oscar R. Ew ing, herein, all the functions of the Federal Federal Security Administrator. Works Administrator under Public Law Transportation 839, 80th Congress, approved June 29, [F. R. Doc. 48-8252; Filed, Sept. 14, 1948; 1948, including all responsibilities and P art 500—Conservation of R ail 8:48 a. m.] authority vested in him thereunder, E quipment shall be administered, performed, and shipm ents of green sweetpotatoes * The Public Health Service issues a list of exercised by the Bureau of Community such dealers periodically for the information, Facilities in conformity with said law, Cross R eference: For an exception to of State health authorities and all others and the Commissioner of Community the provisions of § 500.72, see Part 520 concerned. Facilities shall be responsible to the Fed­ of this chapter, infra. Wednesday, September 15,1948 FEDERAL REGISTER 5381

[Gen. Permit ODT 18A, Rev. 13C] Item 535 of Special Direction ODT 18A- tember 13, 1948, and shall expire No­ vember 30, 1948. P art 520—Conservation of R ail E quip­ 2A, as amended (9 F. R. 118, 4247,13008; ment; Exceptions, P ermits and S pecial 10 F. R. 2523, 3470, 14906; 11 F. R. 1358, (54 Stat. 676, 55 Stat. 236, 56 Stat. 177, 13793,14114; 12 F. R. 8025; 13 F. R. 1831, D irections 58 Stat. 827', 59 Stat. 658, 60 Stat. 345, 3208, 3763, 4151, 5074) any person may 61 Stat. 34, 321, Pub. Laws 395, 606, 80th SHIPMENTS OF GREEN SWEÈTPOTATOES offer for transportation apd any rail Cong.; 50 U. S. C. App. 633, 645, 1152; Pursuant to Title III of the Second War carrier may accept for transportation at E. O. 8989, Dec. 18, 1941, 6 F. R. 6725; Powers Act, 1942, as amended, Executive point of origin, forward from point of E. O. 9389, Oct. 18, 1943, 8 F. R. 14183; Order 8989, as amended, Executive Order origin, or load and forward from point of E. O. 9729, May 23, 1946, 11 F. R. 5641; 9729, as amended, Executive Order 9919, origin, any carload freight consisting of E. O. 9919, Jan. 3, 1948, 13 F. R. 59) and General Order ODT 18A, Revised, green sweetpotatoes originating at any as amended, it is hereby ordered, that: point in the States of Iowa, Maryland, Issued at Washington, D. C. this 10th North Carolina, South Carolina or Vir­ day of September 1948. § 502.508 Shipments of green sweet- ginia when such carload freight is loaded J. M., J ohnson, potatoes. Notwithstanding the restric­ to a weight not less than the applicable Director, tions contained in § 500.72 of General tariff carload minimum weight. Order ODT 18A, Revised, as amended Office of Defense Transportation. (11 F. R. 8229, 8829, 10616, 13320, 14172; This General Permit ODT 18A, Re- [F. R. Doc. 48-8257; Filed, Sept. 14, 1948; 12 F. R. 1034, 2386; 13 F. R. 2971) or in vised-13C shall become effective Sep- 9:05 a. m.j

PROPOSED RULE MAKING

Now, therefore, notice is hereby given 18 years of age or detrimental to their DEPARTMENT OF LABOR of a public hearing to be held on Tues­ health or well-being: Child Labor Branch day, November 9, 1948, commencing at (1) Machine tools of the types follow­ 10 o’clock a. m. in Room 3428, United ing: 129 CFR, Part 422] States Department of Labor Building, (1) Milling-function machines of these types: Employment of M inors B etween 16 and 14th Street and Constitution Avenue (a) Planer types milling machines; 18 Y ears of Age in Occupations In ­ NW., Washington 25, D. C„ before a pre­ siding officer to be hereafter designated, (b) Gear-cutting machines; volved in Operation of P ower-D riven (c) Metal-cutting circular saws. Cold-M etal-W orking M achines at which hearing interested parties may appear and be heard with respect to said (ii) Planing-function machines of NOTICE OF HEARING ON PROPOSED FINDING proposed finding and order. All parties these types: AND ORDER desiring to appear at the hearing are (a) Planers; Whereas, there is in effect a procedure requested to notify the Secretary of (b) Metal-cutting band saws. governing determinations of what oc­ Labor at least five days prior to the date (iii) Turning-function machines of cupations are particularly hazardous for fixed for hearing. Any interested party these types: the employment of minors between 16 who is unable to appear in person or by (a) Turret lathes; and 18 years of age or detrimental to representative may submit a written (b) Automatic and semi-automatic their health or well-being (29 CFR, Part comment or brief to the Secretary of lathes; 421), for the purposes of section 3 (1) Labor not later than the day prior to the (c) Automatic screw machines. of the Fair Labor Standards Act of 1938 date of hearing, in order that the same (iv) Boring-function machines of (52 Stat. 1060; 29 U. C. 203 (1)); and, may be made a part of the record of these types: Whereas, pursuant to said procedure, the hearing. (a) Vertical boring machines; an investigation has been conducted for Proposed finding and order. By virtue (b) Radial drills; the purpose of ascertaining what occupa­ of the authority conferred upon me by (c) Gang drills. tions involved in the operation of power- section 3 (1) of the Fair Labor Stand­ (v) Grinding-function machines of driven cold-metal-working machines are ards Act of 1938 (52 Stat. 1060, 1061; 29 these types: v particularly hazardous for the employ­ U. S. C. 203 (1>) and Reorganization* (a) Abrasive wheels that require the ment of minors between 16 and 18 years Plan No. 2 of 1946 adopted pursuant to material being ground to be held manu­ of age or detrimental to their health or the Reorganization Act of 1945 (59 Stat. ally against the abrasive wheel or the well-being; and, 613), and pursuant to the procedure abrasive wheel held manually against the governing determinations of hazardous material, such as swing frame grinders, Whereas, a report of the investigation, occupations (29 CFR, Part 421); an in­ snag grinders, floor stands, tool grinders, entitled Occupational Hazards to Young drill and tap grinders, and portable Workers, Report No. 8, The Operation of vestigation having been conducted with Cold-Metal-Working Machines, copies of respect to what occupations in the op­ grinders; which will be sent upon request directed eration of power-driven cold-metal­ (b) Abrasive belts; to the Child Labor Branch, Wage and working machines are hazardous for (c) Abrasive disks. Hour and Public Contracts Divisions, minors between 16 and 18 years of age (2) All forming, punching, and shear­ United States Department of Labor, or detrimental to their health or well­ ing machines including the following: Washington 25, D. C., has been submitted being, and a report of said investigation (i) All rolling function machines, such to the Secretary of Labor showing that having been submitted to me; as bending, straightening, corrugating, Now, therefore, I, Maurice J. Tobin, flanging, or beading rolls; and cold roll­ certain occupations involved in the op­ ing mills. eration of power-driven cold-metal­ Secretary of Labor, after reviewing all (ii) All pressing or punching-function working machines are particularly the information and evidence with re­ machines, such as punch presses, except hazardous for the employment of minors spect to the occupations involved, in­ those provided with full automatic feed between 16 and 18 years of age or detri­ cluding the report of the investigation, and ejection and with complete enclosure mental to their health or well-being; do hereby find, declare, and order: and, - of the ram; power presses; and plate punches. Whereas, the Secretary of Labor, pur­ § 422.8 Occupations involving the op­ eration of power-driven cold-metal­ (iii) All bending-function machines, suant to the authority conferred by such as apron brakes and press brakes. section 3 (1) of the Fair Labor Standards working machines—(a) Finding and dec­ (iv) All hammering-function ma­ Act of 1938 and Reorganization Plan No. laration of fact. The occupation of op­ chines, such as drop hammers and power 2, effective July 16, 1946, adopted pur­ erator of or helper on the following hammers. suant to the Reorganization Act of 1945 power-driven cold-metal-working ma­ (v) All shearing-function machines, (59 Stat. 613), proposes to issue a finding chines is particularly hazardous for the such as guillotine or squaring shears; al­ and order in the form set forth below ; employment of minors between 16 and ligator shears; and rotary shears. No. 180------4 5382 PROPOSED RULE MAKING

(b) Definitions. As used in this sec­ (d) Higher standards. This section prior tg September 28th, 1948 by the tion: shall not justify non-compliance with Commandant (CMC), Coast Guard The term “operator” shall mean one any Federal or State law or municipal Headquarters, Washington 25, D. C., or who operates a cold-metal-working ma­ ordinance establishing a higher stand­ presented orally or in writing at the chine by performing such functions as ard than the standard established here­ hearing. setting up the machine, starting and in. stopping it, placing or fastening the work (e) Effective date. This proposed or­ Dated: September 8, 1948. in the machines and removing the fin­ der, when issued, will be made effective [seal] J. F. F arley, ished work from the machine, and per­ 60 days after due publication in the F ed­ Admiral, U. S. Coast Guard, forming other related functions in con­ eral R egister. Commandant. nection with its operations. Signed at Washington, D. C., this 10th [F. R. Doc. 48-8253; Filed, Sept. 14, 1948; - The term “helper” shall mean one who 8:48 a. m.] operates or assists in the operation of a day of-September 1948. cold-metal-working machine by helping M aurice J. T obin, place the work in or remove it from the Secretary of Labor. machine. DEPARTMENT OF AGRICULTURE [P. R. Doc. 48-8260; Filed, Sept. 14, 1948; The term “machine tools” shall mean 9:05 a. m.] Production and Marketing power-driven complete metal-working Administration machines, not portable by hand, having one or more tool or work-holding de­ 17 CFR, Part 801 ] vices and used for progressively remov­ DEPARTMENT OF THE TREASURY G eneral S ugar R egulations ing metal in the form of chips. Types United States Coast Guard of rhachine tools enumerated in this sec­ NOTICE OF PROPOSED RULE MAKING tion are the machines to which the desig­ [46 CFR, Part 146] Notice is hereby given that the Direc­ nation is by custom applied. [CGFR 48-46] tor, Sugar Branch, Production and Mar­ The term “forming, punching, and keting Administration, pursuant to shearing machines” shall mean power- I nspection and N avigation R egulations; § 801.52 of General Sugar Regulations, driven metal-working machines, other M erchant M arine Council R egula­ Series 3, No. 2, as amended (13 F. R. 127, than machine tools, which change the tions 1076, 2063, 4590), is considering the is­ shape of or cut cold metal by means of suance of a determination that the tools, such as dies, rolls, or knives which NOTICE OF PROPOSED CHANGES IN * regulations; public hearing direct-consumption portion of the 1948 are mounted on rams, plungers, or other sugar quota for Cuba, amounting to moving parts. Types of forming, punch­ 1. The Merchant Marine Council will 375,000 short tons of sugar, raw value, ing, and shearing machines enumerated hold a public hearing in Room 4120, has been filled to the extent that certifi­ in this section are the machines to which Coast Guard Headquarters, 13th and E cation is required to maintain effective the designation is by custom applied. Streets, N. W., Washington, D. C. on quota control. (C) Exemption for apprentices. Noth­September 28, 1948. The meeting will All persons who desire to submit writ­ ing in paragraph (a) (1) of this section convene at 9:30 a. m. In addition to ten data, views, or arguments for con­ shall be construed to apply to apprentice consideration of proposed amendments, sideration in connection with the pro­ machinists or apprentice toolmakers, notice of which was made in 13 F. R. posed determination shall file the same provided that (1) the apprentice is em­ 4638, August 11, 1948, the Council will in quadruplicate with the Director, Sugar ployed in accordance with standards upon petition of a manufacturer of bur­ Branch, Production and Marketing Ad­ established by the Bureau of Appren­ lap bags consider a proposal to amend ministration, United States Department ticeship of the U. S. Department of La­ 46 CFR, 146.21-11 in order that used of Agriculture, Washington 25, D. C., not bor or the standards of a State appren­ burlap bags cleaned by a vacuum process later than seven days after the pub­ ticeship agency recognized by the Bu­ may be carried on vessels in the same lication of this notice in the F ederal reau of' Apprenticeship, or is employed classes of stowage as is presently per­ R egister. under conditions which substantially mitted for used burlap bags which have conform to such standards as determined been cleaned by washing. Done at Washington, D. C., this 9th by such State or Federal apprenticeship 2. The authority for amendment of 46 day of September 1948. agencies, and (2) not more than 25 per­ CFR, 146.21r-100 is contained in R. S. [ seal] Lawrence M yers, cent of the apprentice’s time in each suc­ 4472, as amended, sec. 5 (e), 55 Stat. 244; Director, Sugar Branch, Pro­ ceeding six-month calendar period of his 46 U. S. C. 170; and sec. 101, Reorgani­ duction and Marketing Ad­ apprenticeship is spent operating ma­ zation Plan No. 3 of 1946, 11 F. R. 7875. ministration. chine tools herein declared particularly 3. Comments on the proposed change [F. R. Doc. 48-8261; Filed, Sept. 14, 1948; hazardous. may be submitted in writing for receipt 9:05 a. m.]

NOTICES DEPARTMENT OF STATE Nature op Service Nature of Service—Continued Travel Document Service [Public Notice DA 140] Notarial and Other Miscellaneous Services— Execution of application for travel Continued I nterim Office for G erman Affairs document and military-entry per­ For taking depositions, executing m it------commissions$2.00 or letters rogatory, SCHEDULE OF FEES Issuance of travel document______10.00 -where the record of testimony in­ Amendment or verification of a travel S eptember 2,1948. cluding caption and certificate does document______2.00 not exceed 500 words (excluding Public Notice No. DA-121, effective Au­ Renewal of travel document™ ______5.00 punctuation)______;______$2.00 gust 10, 1948, established an Interim Execution of affidavit in regard to Ger­ For each additional1 100 words or frac­ man birth in connection with ap- tion thereof______. 50 Office for German Affairs in the Division lication for travel document_____ I 1.00 Certifying to the correctness of a copy of Protective Services, Office of Controls, of, or extract from, a document, Department of State. Notarial and Other Miscellaneous Services Administering an oath and certificate official or private______2.00 The Interim Office for German Affairs thereof______$2.00 Recording unofficial documents in In­ Is authorized to prescribe from time to Acknowledgment of a deed or power of terim Office upon request (for every time such fees as may be deemed appro­ attorney, or similar service, includ­ 100 words or fraction thereof)____ 1.00 priate for any services rendered. The ing one or more signatures, with Obtaining copy of German public doc­ certificate thereof, for each copy__ 2.00 ument (exclusive of local charges of following schedule of fees is hereby es­ Certifying to official character of a foreign officials and certification by tablished: notary or other official______.____ 2.00 United States Consul)______— 2.00 Wednesday, September 15,1948 FEDERAL REGISTER 5383

The fees received by the Interim Of­ such orders as may be necessary to ef­ P art 1. T ule L ake Division—Continued fice for German Affairs shall be covered fectuate the purposes of this order. In MOUNT DIABLO MERIDIAN, CALIFORNIA—C on tin u ed into the Treasury as miscellaneous re­ this respect, the transfer of such related ceipts. personnel,. property, records, installa­ Total tions, agencies, activities, and projects as Sec­ Farm Description irri­ This notice shall become effective tion unit gable the Secretaries of the Army and the Air acres immediately upon publication in the Force shall from time to time jointly Federal R egister. determine to be necessary, is authorized; Township 48 North, Range 5 East— Approved: September 2,1948. 3. It is expressly determined that the ContinuedN functions herein transferred are neces­ For the Secretary of State. 20 R S^NJ^SWM, St^SWM...... 108.1 sary and desirable for the operations of 20 S SWHSEH, S^NWMSEJÎ, SWJ^ [seal] J ohn E. P eurifoy, NEMSEM, W K W ^S E ^N E ^ the Department of the Air Force and the SEJÎ, W^SE^SEJ^, \vy2WM Assistant Secretary. United States Air Force. EHSEHSEH, of Section 20; 4. Nothing contained in this order e ^ n w m n e j <, w ^ n e j î [F. R. Doc. 48-8258; Filed, Sept. 14, 1948; NEM, W^Wj^EMNEMNEM 9:05 a. m.] shall operate as a transfer of funds. 127.4 5. This order shall be effective at 21 J EJ^NE34, NEJ4SEJ4 of Section 21; Lot 12 of Section 16...... 122.2 12:00 noon, September 4, 1948. 21 K WHNEH, N.WMSEM of Section 115.6 NATIONAL MILITARY J ames F orrestal, 21 L NEMSWM, E^NW M of Section Secretary of Defense. 126.3 ESTABLISHMENT 21 T W ^NW H, NHN^NKNW^ S eptember 4, 1948. SWJ4 of Section 21; EHEH Secretary of Defense n e m n e h , EJ^W^E^NEH [F. R. Doc. 48-8238; Filed, Sept. 14, 1948; n e m , e h e h s e x n e x , e h [Transfer Order 21] W^E^SEKNE^, NEH 8:47 a. m.] NWUNEJiNEJiSE}*, NH Order T ransferring F rom D epartment NEMNEMNEMSEMof Section 20; Lot 7 of Section 17; Lot 9 of of the A rmy to D epartment of the Section 16...... 127.6 Air F orce F unctions R elating to P ro­ DEPARTMENT OF THE INTERIOR 21 U SJ^N^NUNWJÎS.WJÎ, S^NH NW^SWJÎ, S^NWJiSWJi, curement, Appointment, Administra­ Bureau of Reclamation S'WHS'WH of Section 21; tion, and T raining of Aviation Cadets NWJ^NWJÎ, NHS^NWH [Public Notice*47] NWJÎ, NKS^S^NW^NWJi, and Aviation S tudents of Section 28; SEMNWHNEH NEHSEJÎ, SJiNEHNEMNEH Pursuant to the authority vested in me P arts 1 and 2, T ule Lake D ivision, SEM, E ^S W ^N E ^N E U by the National Security Act of 1947 K lamath I rrigation P roject, Oregon SE)i, sehnemnehseh , and California E^W^SE^NEJiSEJi, EH (Act of July 26, 1947; Public Law 253, 8EHNEH8EH, EH'NHEH 80th Congress) and in order to effect cer­ 8EHSEH, EHEHSEHSEH tain transfers authorized or directed PUBLIC NOTICE ANNOUNCING AVAILABILITY of Section 20; EJ^W ^NEH OF WATER FOR PUBLIC LANDS AND OPEN­ n e k n e m , e h n e h n e h therein, it is hereby ordered as follows: ING OF PUBLIC LANDS TO ENTRY NEJÎ, E^NWJiSEJiNEJi 1, There are hereby transferred to' NEM, NEJî SEJî NEMNEM. August 27, 1948. nemswmsemnemnejî; and vested in the Secretary of the Air N^SEMSEJî NEJ^NEM Of Sec­ Force and the Department of the Air tion 29...... 124.5 Public Notice No. 47 reads as follows: 22 L Lots 3, 12, 13, 16 and NEMSWH Force, all functions, powers, and duties of Section 22; Lot 9 of Section 15.. 114.2 relating to procurement, appointment, LANDS COVERED 22 M 'WHNWHt N WJ^S WJi of Section administration, and training of" aviation 22; Lot 8 of Section 15...... 130.0 S ection 1. Lands for which water will 22 N Lots 11, Ï4,15 and 18 of Section 22; cadets and aviation students, insofar as he available. Water will be available for Lot 11 of Section 23 112.6 they may pertain to the Department of 26 K Lots 1, 2, and 3__ 91.8 the irrigation season of 1949 and there­ 26 N Lots 9, 5, and 6...... 120.4 the Air Force or the United States Air after for certain irrigable lands in Parts 27 M EHNEH of Section 27; Lot 10 of Force or their property or personnel, Section 26...... 120. 5 1 and 2, Tule Lake Division, Klamath 27 P W l^NEJi of Section 27; Lot 17 of which are vested in theJSecretary of the Project, as shown on approved farm unit Section 22...... 111.6 Army or the Department of the Army or plats on file in the office of the District 27 Q EJ4NWJ4 of Section 27; SEJ4 any officer of that Department by the SWH of Section 22...... 105.6 Manager, Bureau of Reclamation, Klam­ 27 R' of Section 27; SWH following laws, parts of laws, and Execu­ ath Falls, Oregon, and in the District S WH of section 22...... 109.2 tive Orders, as limited by other laws, 28 M EHNEH of Section 28; S E ^ Land Office at Sacramento, California. 105.6 parts of laws, and Executive Orders, Application may be made in accord­ 28 N W ^ n IeH of Section 28; SWtf whether or not specifically set forth 103.9 herein: ance with this notice, beginning at 2:00 28 P E ^ N w K of Section 28; S Ê ji p. m., September 21, 1948, for a certifi­ 412.3 (a) Act of June 3, 1941, c. 165, sec. cate of qualification which will entitle 29 L sehswhsemnevneh , s h 2 SEHSEHNEHNEH, e ^ s w h 1, , 3, 4 (55 Stat. 239; 240; 10 U. S. C. the holder to file an application for entry ^ NEH, SEHNEH of Section 29; 297a, 296a, 299, 303, 304, 304b). on the public lands shown on the plats. SW^NWJi, sj^SMNWH (b) Act of June 3,1941, c. 167 (55 Stat. The lands to which this notice per­ 88.4 241; 10 U. S. C. 298a-l). tains are described as follows: (c) Act of April 3, 1939, c. 35, sec'. 2 P art 2. T ule Lake D ivision- (53 Stat. 556), as amended by the act PUBLIC LAND of July 3, 1941, c. 275 (55 Stat. 577; 10 Tolonship 46 North, Range 6 East P a r t 1. T u l e L a k e D iv is io n U.S.C. 298a). 2 G WHSWH of Section 2; Lot 23 of (d) Act of July 8, 1942, c. 493, sec. 5 MOUNT DIABLO MERIDIAN, CALIFORNIA 84.9 3 E Lots 28 and 29 of Section 3; Lots 16 (56 Stat. 649; 10 U. S. C. 299e). and 25 of Section 4; Lots 6 and 15 . (e) All other laws, parts of laws, in­ Total of Section 9; Lots 17 and 18 of cluding applicable provisions of Appro­ Sec­ Farm irri­ 118.4 tion unit Description gable 4 A Lots 17,24, and 26 of Section 4; Lots priations Acts, and Executive Orders acres 119.4 4 c Lots 13,14, 21 and 22...... 97.3 which vested in the Secretary of the ' 10 A Lot 14 of Section 10; Lot 25 of Sec- Army or the Department of the Army or Township 48 North, Range 6 East 87.6 any officer of that Department, func­ 13 B Lots 10 and 15...... 78.3 17 N Lots 2, 3, and 8 of Section 17; 13 0 80.0 tions, powers, and duties relating to pro­ NE^NWJi, NMN^NW^ 13 D Lot 2 0...... >...... 76.3 curement, appointment, administration, NEH, NHNWUNEkNEK, 13 E Lots 7,8, and 23...... 82.0 and training of aviation cadets and avia­ W^NWKNEJiNEJiNEJi of 13 F Lots 6, 16, 17, and NWHSEH of 135.7 Section 13; Lot 8 of Sec. 18, T. 46 tion students insofar as they pertain to 20 P SMN^NWJiNE^, SHNWJi N., R. 6 E ...... 91.7 the Department of the Air Force or the NE**, SHNWUNE^NEJî , 14 A Lots 12,13,15, and 22...... 93.5 w ^ s w ^ nejînejînejî . 14 D Lot 24 of Section 14; Lot 24 of Sec­ United States Air Force or their property SWJ4NEJÎNEM, WHWH tion 15; Lot 14 of Section 22; Lot SE^NEMNEJi, sw ^ n e m , 80.5 or personnel. WHSE^NEJi, WMWUEH 14 G Lots 22 and 24 of Section 13; Lots 2. The Secretary of the Army, the Sec­ SE^NEJi, N^NWHSEH, 16,17,19, and 20 of Section 14__ 85.1 n w m n e ^ sejî, w ^ w h 14 H Lots 21,25,26, and 27 of Section 14; retary of the Air Force or their repre-^ NE^NEJiSEK of Section 20... 1.32.6 Lot 25 of Section 13; Lots 27, 28, sentatives are hereby authorized to issue 20 Q SMNWJi, N^NHSWJi...... 1(39.0 and 29 of Section 23...... 104.4 5384 NOTICES

P art 2. T dle L ake Division— Continued S ec. 2. Limit of acreage for which (d) The surviving spouse of any per­ MOUNT DIABLO MERIDIAN, CALIFORNIA—C ontinued entry may he made or water secured. son in either of the first two classes listed The public lands covered by this notice in this section, or in the case of the death Total have been divided into farm units. or marriage of such spouse, the minor Sec­ Farm Description irri­ Each of the farm units represents the child or children of such person, by a tion unit gable acreage which, in the opinion of the guardian duly appointed and officially ac­ acres Secretary of the Interior, may reason­ credited at the Department of the In­ Township North, Range B East— ably be required for the support of a terior. Continued family upon such land. The areas in (e) The surviving spouse of any per­ the different units are fixed at the son whose death has resulted from 14 K Lots 11 and 18 of Section 14; Lot 10 84.2 of Sectioif 12; Lot 21 of Section 13- amounts shown upon the farm unit wounds received or disability incurred in 15 B Lots 17, 20, and 21 of Section 15; 103.0 plats referred to in section 1 of this line of duty while serving in the Army, Lot 7 of Section 16______87. Ï 16 A Lots 9 and 11—______notice. The maximum acreage of land Navy, Marine Corps or Coast Guard dur­ 16 £ Lot 14 of Section 16; Lot 14 of Sec­ 91.4 in private ownership for which applica­ ing the period described in subsection tion 21...... 16 F Lot 15 of Section 16; Lot 13 of Sec­ 84.3 tion for delivery of water may be made (a) of this section, or in the case of the tion 21______is 160 acres of irrigable land for each death or marriage of such spouse, the 16 G Lot 16 of Section 16; Lot 22 of Sec- landowner. minor child or children of such person, - tkm 15; Lot 12 of Section 21; Lot 82.4 by a guardian duly appointed and offi­ 103.7 PREFERENCE RIGHTS OF VETERANS OF WORLD 17 A Lots 16,18,19, and 20...... cially accredited at the Department of 17 B Lots 21, 22, and 23 of Section 17; 97.4 WAR II Lots 16 and 15 of Section 20-.___ the Interior. 17 C Lots 17,15, and 14 of Section 17; Lot 90.0 Sec. 3. Nature of preference. The law provides that when public lands are Sec. 5. Definition of honorable dis­ 17 D Lot 24 of Section 17; Lot 13 of Sec­ charge. An honorable discharge means: tion 16; Lot 14 of Section 20; Lot 88.5 opened to entry, preference shall be given to applications’ which are made by (a) Separation from the service by 20 H Lots 17,18,19, and 20 of Section 20; 103.8 means of an honorable discharge or a veterans of World War II (and in some discharge under honorable conditions; 20 J Lot 21 of Section 20; Lot 25 of Sec­ 87.3 cases by their wives or husbands or guar­ tion 21—...... _...... 85.0 dians of minor children) and which are (b) Transfer with honorable service 21 A Lots 19 and 20...... 100/4 from such service to a reserve or re­ 21 B Lots 17 and 18 of Section 21_____ . 85.1 filed within 90 days after the opening of 21 L Lot 24 and EJ^SWJi 0f Section 21. 88.1 the lands. The five classes of persong tired status prior to the termination of 21 M W ^SEJi Mid Lot 23 of Section 21- the war; or 21 N Lot 22 of Section 21; Lot 27 of 87.8 who are entitled to this veterans’ pref­ erence are set forth in section 4 of this (c) Ending of the period of war serv­ 22 A Lots 15 and 16 of Section 22; Lot 88.0 ice by reason of the termination of the 92.2 notice. war, even though the veteran remains 22 B Lots 19, 20, 22, and 23______Therefore, applications for farm units 22 C Lot 18 of Section 22; Lot 21 of 83.1 in the military or naval service of the Section 21______89.9 on lands covered by this notice which United States. 22 E Lots 25, 26, and 28______are made by persons coming within one 22 F Lots 12, 13, and 21 of Section 22; 91.5 S e c . 6. Submission of proof of vet­ Lots 31 and 40 of Section 23____ 84.4 of the five classes listed in section 4 of 23 * A Lots 19, 24, 34, 35, 36, and 38_____ this notice will be given first considera­ erans’ status. All applicants for farm 23 C Lots 18, 37, and SEMNEJi of 85.6 tion if submitted before December 20, units who claim veterans’ preference Section 23______86.1 23 E Lots 32, 33, and 39...... 85.3 1948. must attach to their applications \ pho­ 24 A In order to be eligible to receive farm tostatic, certified or authenticated com­ 24 B Lots 7. 13 of Section 24; Lot 42 of plete copy (both sides) of an official doc­ Section 23; Loty 3 of Section 25, 91.9 units, all applicants, whether or not en­ and Lot 4 of Section 26...... 86.2 titled to veterans’ preference, must ument of the respective branch of the 27 B Lots 12,13, and 14.______service which shows clearly an honor­ 28 A Lots 15 and 16 of Section 28; Lot 15 - 85.8 possess the necessary qualifications as 86.6 to industry, experience, character, cap­ able discharge, as defined in section 5 of 28 B 88.0 ital, and physical fitness (see section 8 this notice, or constitutes evidence of 28 C Lots 19, 20, 25...... 29 K Lots 3 and 4 of Section 29; Lot 22 of of this notice) and (except for duly ap­ other facts on which the claim for pref­ Section 20; Lot 26 of Section 21; 91.7 pointed guardians) must be qualified to erence is based, and which clearly shows Lot 21 of Section 28...... make entry under the homestead laws. the period of service. Township Ifi North, Range 6 East If the preference is claimed by a sur­ 5 E Lots 12 and 13 of Section 5; Lots 29 78.7 Sec. 4. Persons entitled to veterans’ viving spouse or on behalf of the minor and 30 of Section 6______84.4 preference. The classes of persons who 6 D Lots 27, 28, 31, and 32 of Section 6.. child or children of a deceased veteran, 6 F Lots 33 and 34 of Section 6; Lot 14 are entitled to the veterans’ preference proof of the relationship asserted and of Section 5; Lots 5 and Hof Sec­ 83.4 described in section 3 of this notice are of the veteran’s service and death must tion 7; Lot 2 of Section 8...... as follows: 6 H Lots 14,25, and 26 of Section 6; Lot be attached to the application. If the 15 and EJ^SWJiSEJ^ of Section 86.8 (a) Persons, including those under 21 preference is claimed by the spouse of a 31, T. 47 N., R. 6 E -.-.-^.J...... years of age, who have served in the 6 J Lot 24 of Section 6; Lot 11 of Sedtion living veteran, proof of such relation­ 5; Lot 13 of Section 31, T. 47 N., Army, Navy, Marine Corps, or Coast ship and of the veteran’s service and R. 6 E; Lot 10 of Section 32, T. 77.0 Guard of the United States for a period 47 N .,R . 6 E______written consent to the exercise of the 18 A . Lots 6,7,9,10, and 11 of Section 18; of at least 90 days at any time on or preference right must be attached to the Lot 9 of Section 13, T. 46 N., R. 90.7 after September 16, 1940, and prior to application. 5 E ___ 1...... the termination of World War II, and Township i7 North, Range 6 East have been honorably discharged. QUALIFICATIONS REQUIRED BY THE RECLAMA­ 33 B Lots 23,25 and 14 of Section 33; Lots (b) Persons, including those under 21 TION AND HOMESTEAD LAWS 10 and 11 of Section 4, T. 46 N., R. 5E_. ______.. 96.9 years of age, who have served in the Sec. 7. Examining Board. An ex­ 36 D Lots 12 and 13 of Section 36; Lot 27 Army, Navy, Marine Corps or Coast of Section 25______89.1 amining board of five members,„includ­ 36 E Lot 6 and WJ^NEJi of Section 36; Guard during the period described in ing the District Operations Superintend­ Lot 26 of Section 25______94.4 subsection (a) of this section, regardless 36 F Lots 1, 2, and 7 of Section 36; Lots ent of the Klamath District, Bureau of 23 and 24 of Section 25; Lot 17 of of length of service, and who have been Reclamation, who will act as secretary Section 35______88.7 discharged on account of wounds re­ of the board, has been approved by the Township Jfl,1 North, Range 6 East ceived or disability incurred during such Commissioner of Reclamation to deter­ 31 A Lots 2,7, and SEj^NEJi of Section period in the line of duty, or, subsequent mine the qualifications and fitness of ap­ 31; Lot 12 of Section 30; Lots 5 to a regular discharge, have been fur­ and 8 of Section 32...... 87.4 plicants to undertake the development 31 B Lots 3, 6, and SW ^N EJi of Sec­ nished hospitalization or awarded com­ and operation of a farm on the Klamath tion 31; Lot 13 of Section 30_____ 100.4 pensation by the government on account 31 C Lots 4, 5, and SEMNWK of Scc- Project. The board will make careful • tion 31; Lots 14 and 15 of Section of such wounds or disability. investigations to verify the statements 30...... 96.7 (c) The spouse of any person in either made by applicants. Any false state­ 31 D Lots 8,9, and 10 of Section 31; Lot of the first two classes listed in this sec­ 16 of Section 30______86.7 ment may constitute grounds for rejec­ 31 E W^SW)iSE)i, E^SWJi...... 84.1 tion, if the spouse has the consent of tion of an application, cancelation of 31 F Lot 14 and NJ^SEJi of Section 31; such person to exercise his or her prefer­ Lot 9 of Section 32 . . . 84.9 award or cancelation of an entry. 31 G Lots 11 and 12 of Section 31; Lot ence right. (See section 11 of this no­ 14 of Section 36, T. 47 N., R . 5 E „ 71.9 tice regarding provision that a married Sec. 8. Minimum qualifications. This woman must be head of a family.) section sets forth the minimum qualifi- Wednesday, September 15,1948 FEDERAL REGISTER 5385 cations which are necessary to give rea­ vert items into cash, total cash value requirements of the homestead laws. sonable assurance of success of an entry- should be shown with a full explanation. The homestead laws require that an man or entry woman on a reclamation An applicant shall furnish in section entryman or entry woman: farm unit. Applicants must, in the 10 of the farm application blank a finan­ (a) Must be a citizen of the United judgment of the examining board, meet cial statement listing all of his assets States or have declared an intention to these qualifications in order to be con­ and all of his liabilities. Prior to the become a citizen of the United States; sidered for entry. Failure to meet them issuance of a certificate of qualification, (b) Must not have exhausted the right in any single respect will be sufficient and not later than at the time of the to make homestead entry on public cause for rejection of an application. personal interview, the applicant-will be lands; No credit will be given for qualifications required to corroborate his statement of (c) Must not own more than 160 acres in excess of the required minimum. net worth by the statement of an officer of land in the United States; The minimum qualifications are as fol­ of a bank or other responsible and repu­ (d) Must, if a married woman, or a lows: table credit agency or by other proof person under 21 years of agfe who is not (a) Character and industry. An ap­ satisfactory to the board. eligible for veterans’ preference, be the plicant must be possessed of honest^, Sec. 9. References, (a) An applicant head of a family. The head of a family temperate habits, thrift, industry, seri­ shall list in section 12 of the farm ap­ is ordinarily the husband, but a wife or ousness of purpose, record of good moral plication blank the names, occupations, a minor child who is obliged to assume conduct, and a bona fide intent to engage positions or titles and complete, current major responsibility for the support of in farming as an occupation. addresses of five persons who are quali­ a family may be the head of "the family. (b) Farm experience. Except as other­ fied and willing to give their frank opin­ Any applicant who is required to be wise provided in this subsection, an ap­ ions as to the applicant's personal qual­ the head of a family must submit with plicant must have had a minimum of two ifications and farm experience. Persons the application evidence of such status years (24 months) full-time farm ex­ named as references must be responsible which is satisfactory to the board. Com­ perience, which shall consist of partici­ citizens who are permanent residents in plete information concerning qualifica­ pation in actual farming operations, their communities. tions for homesteading may be obtained after attaining the age of 15 years. Time At least one of these five persons must from District Land Offices or from the spent in agricultural courses in an ac­ be an agricultural leader who now holds Bureau of Land Management, Washing­ credited agricultural college or time spent one or more of the following positions: ton 25, D. C. in work closely associated with farming, County Agent; Farmers Home Adminis­ such as teaching vocational agriculture, WHEN, WHERE AND HOW TO APPLY FOR A tration County Supervisor; Production FARM TJNIT agricultural extension work, or field work and Marketing Administration County in the production or marketing of farm Committeeman; Soil Conservationist; Sec. 12. Application blanks. Any per­ products, which, in the opinion of the Vocational Agriculture Teacher; man­ son desiring to enter any of the public board, will be of value to an applicant in ager or agricultural representative of an land farm units described in this notice operating a farm, may be substituted for agricultural marketing or processing as­ must fill out the attached farm applica­ full-time farm experience. Such substi­ sociation or institution; loan officer or tion blank. Additional application tution shall be on the basis of one year agricultural representative of a credit blanks may be obtained from the Bureau (academic year of at least nine months) agency or institution in an agricultural of Reclamation, P. O. Box 312 (Building of agricultural college courses or one year community, or an officer of any recog­ 61, Municipal Airport), Klamath Falls, (twelve months) of work closely associ­ nized farm organization. Oregon; the Regional Director, Bureau ated with farming for six months of full­ The other four persons named as ref­ of Reclamation, P. O. Box 2511, Sacra­ time farm experience. Not more than erences may be successful farmers who mento, California, or the Commissioner one year of full-time farm experience of own and operate their own farms and of Reclamation, Department of the Inte­ this type will be allowed. A farm youth are well known in the community where rior, Washington 25, D. C. Full and who actually resided and worked on a the farm experience was acquired. frank answers must be made to each farm after attaining the age of 15 and Persons in occupations other than question on the farm application blank. while attending school may credit such those listed in this subsection and rela­ Sec. 13. The filing of application and experience as full-time experience. tives of the applicant are not acceptable. supporting evidence. An application for Applicants' who have acquired their (b) The applicant shall also be re­a certificate of qualification for a farm experience on an irrigated farm will not sponsible for furnishing to at least three unit listed in this notice must be filed be given preference over those whose of the five persons listed in section 12 with the District Manager, Bureau of experience was acquired on a non-irri- of the farm application blank the ref­ Reclamation, P. O. Box 312 (Building 61, gated farm, but all applicants must have erence forms provided with this notice Municipal Airport), Klamath Falls, Ore­ had farm experience of such a nature and for the return by these persons to gon, in person or by mail. No advantage as, in the judgment of the examining •the board of three complete, signed state­ will accrue to an applicant who presents board, will qualify the applicant to un­ ments. At least one pf these three state­ an application in person. Every appli­ dertake the development and operation ments must be prepared and signed by cation must be accompanied by: of an irrigated farm by modern methods. one of the agricultural leaders listed in (a) Proof of veteran’s status if veter­ (c) Health. An applicant must be in subsection (a) of this section. such physical condition as will enable an’s preference is claimed (see section 6 him to engage in normal farm labor. Sec. 10. Restriction on ownership of of this notice). project lands. Applicants for farm units (b) Statement of examining physi­ Any person who is physically, handi­ cian, in case of disability (see subsection capped or afflicted with any condition must not hold or own, within any Fed­ which makes such ability questionable eral reclamation project, irrigable land 8 (c) of this notice). for which construction charges payable (c) Evidence of citizenship or of de­ must attach to his or her appligation the clared intention if applicant is not na­ detailed statement of an examining phy­ to the United States have not been fully paid, except that this restriction does tive-born (see subsection 11 (a) of this sician which defines the limitation upon notice). such ability and its causes. not apply to small tracts used exclu­ sively for residential purposes. (d) Evidence of status as head of a (d) Capital. An applicant must pos­ family if applicant is a married woman sess at least $2,000, consisting of cash or Prior to the issuance of a certificate of qualification and not later than the or a non-veteran under the age of 21 (see assets readily convertible into cash, or subsection 11 (d) of this notice). assets such as livestock, farm machinery time of the personal interview, an appli­ cant who owns lands in a Federal recla­ The applicant also must see that three and equipment, which, in the opinion of his references submit complete signed of the board, will be useful in the devel­ mation project must furnish satisfac­ tory evidence that the total construction statements of his qualifications (see sub­ opment and operation of a new, irrigated section 9 (b) of this notice). ^ farm. In considering the practical value charges allocated against the land of property which will be useful in the owned by the applicant have been paid Sec. 14. Applications become Depart­ development of a farm, the board will in full. ment records. Each application submit­ not value household goods at more than S ec. 11. Principal qualifications re­ ted, including corroborating evidence, $500 or a passenger car at more than quired by homestead laws. All appli­ will become a part of the permanent rec­ $500. If the applicant proposes to con- cants (except guardians) must meet the ords of the Department of the Interior, 5386 NOTICES and cannot be returned to the applicant. Airport), Klamath Falls, Oregon, within able. If the board finds that an appli­ For this reason, original discharge or cit­ 15 days of the applicant’s receipt of such cant’s qualifications do not meet the re­ izenship papers should not be submitted. notice, or, in any event, within 30 days quirements prescribed in this notice, or if In case an applicant is awarded a farm from the date when the notice is mailed he fails to supply the corroborating evi­ his discharge papers will be attached to to the last address furnished by the ap­ dence, the applicant shall be disqualified * his certificate of eligibility (see section 22 plicant. The District Manager will for­ and shall be notified by the board, by of this notice) for submission to the Bu­ ward the appeals promptly to the Re­ registered mail, of such disqualification reau of Land Management. gional Director. If an appeal is decided and the reasons therefor and of the right by the Regional Director in favor of the to appeal to the Regional Director as pre­ Sec. 15. Importance of complete ap­ applicant, the application will be referred scribed in section 17 of this notice. plications. It shall be’ the sole responsi­ to the board for inclusion in the draw­ bility of an applicant to submit a com­ ing. All decisions on appeals will be SELECTION OF FARM UNITS plete application, including the corrob­ based exclusively on information ob­ S ec. 20. Order of selection. The appli­ orating evidence required by this notice. tained prior to rejection of the applica­ cants who have been notified of their Failure of an applicant to provide com­ tion or placement in the second priority qualification for the award of a farm plete answers to all questions in the farm group. The Regional Director’s decision unit will successively exercise the right application blank within the periods on all appeals shall be final. to select a farm unit in accordance with specified in this notice, or failure to pro­ the priority established by the drawing. vide all other information required by S ec. 18. Public drawing. After the ex­ If a farm unit becomes available through this notice, will subject an application to piration of the appeal periods fixed by failure of a successful applicant to ex­ rejection. the above-mentioned notices and after decisions on all appeals, the board will ercise his right of selection or failure to SELECTION o r QUALIFIED APPLICANTS complete his entry filing with the Bu­ conduct a public drawing of the names reau of Land Management, it will be of­ S ec. 16. Priority of applications. All of the applicants remaining in the First fered to the next qualified applicant In applications will be classified for priority Priority‘Group as defined in subsection accordance with the priority established purposes and considered in the following 16 (a) of this notice. Applicant need by the drawing. An applicant who Is order: ’ not be present at the drawing in order considered to be disqualified as a result (a) First priority group. All complete to participate therein. The names of a of the personal interview, will be per­ applications filed prior to 2:00 p. m., De­ sufficient number of applicants (not less mitted to exercise his right to select, not­ cember 20,1948, which are accompanied than three times the number of farm A withstanding his disqualification, unless by proof sufficient, in the opinion of the units to be awarded) shall be drawn he voluntarily surrenders this right in examining board, to establish eligibility and numbered consecutively in the order writing. If, on appeal, the action of the for veterans’ preference. All such appli­ drawn for the purpose of establishing board in disqualifying an applicant as a cations will be treated as simultaneously the order in which the applications result of the personal interview is re­ filed. drawn will be further examined by the versed by the Regional Director, the ap­ (b) Second priority group. All com­ board to determine whether the appli­ plicant’s selection shall be effective, but plete applications filed prior to 2:00 p. m., cants meet the m inim um qualifications if such action of the board is upheld by December 20,1948, from applicants with­ prescribed in this notice, and to estab­ t h : Regional Director, the farm unit se­ out veterans’ preference or which are lish the priority of qualified applicants lected by this applicant will become not accompanied by proof sufficient, in for the selection of farm units. After available for selection by successful ap­ the opinion of the examining board, to such drawing, the board shall notify plicants who have not exercised their establish eligibility for veterans’ prefer­ each applicant of his respective stand­ right to select. ence. All such applications will be ing as a result of the drawing. If any of the farm units listed in this treated as simultaneously filed. S ec. 19. Final examination. The notice remain unselected after all quali­ (c) Final group. All complete appli­ board shall examine, in the order drawn, fied applicants whose names were se­ cations filed after 2:00 p. m., December a sufficient number of applications to de­ lected in the drawing have had an op­ 20, 1948, whether or not accompanied by termine the applicants to whom the farm portunity to select a farm unit, and if proof of veterans’ preference. Such ap­ units will be awarded. This examina­ additional applicants remain in the First plications will be considered in the order tion will determine the sufficiency, Priority Group, the board will follow the in which they are filed if any farm units authenticity and reliability of the infor­ same procedure outlined in section 18 of are available for award to applicants mation and evidence submitted by the this notice in the selection of additional within this group. applicants. If such examination indi­ applicants from this group. Sec. 17. Preliminary examination to cates that an applicant is qualified, such If any of the farm units remain un­ determine first priority group, right of applicant shall be so notified and shall selected after all qualified applicants in appeal. Each application will be exam­ be required to submit the statement of the First Priority Group have had an ined for the purpose of ascertaining (a) a credit agency corroborating his state­ opportunity to select a farm unit, the that the application is complete; (b) ment relative to his net worth, described board will follow the same procedure to that all of the corroborating evidence in subsection 8 (d) of this notice, and select applicants from the Second Pri­ required by this notice to be submitted if an applicant owns land on a Federal ority Group and they will be permitted in advance of the drawing has been fur­ reclamation project, satisfactory evi­ to exercise their right to select a farm nished; and (c) that the applicant’s right dence that all construction charges unit in the manner prescribed for the to veteran’s preference has been fully against such land have been paid as re­ successful applicants from the First Pri­ established. Any incomplete applica­ quired in section 10 of this notice. ority Group. tion or any application not accompanied The applicant may be required to ap­ Any farm units remaining unselected by the required corroborating evidence pear for a personal interview with the after all qualified applicants in the Sec­ will be rejected. Any applicant claiming board for the purpose of: (a) Affording ond Priority Group have had an oppor­ veteran’s preference but failing to estab­ the board any additional information it tunity to select a farm unit will be offered lish proof of eligibility for such prefer­ may desire relative to his qualifications; to applicants in the Final Group in the ence shall be placed in the second priority (b) affording the applicant any informa­ order in which their applications were group. tion desired relative to conditions in the filed, subject to the determination of In case of rejection or placement in area and the problems and obligations the board, made in accordance with the the second priority group, the applicant relative to development of a farm unit; procedure prescribed herein, that such shall be notified by the board by regis­ and (c) affording the applicant an op­ applicants meet the minimum qualifica­ tered mail, with return receipt requested, portunity to examine the farm units. tions prescribed in this notice. of suclwejection or placement; the rea­ ■ If the board finds that an applicant’s sons therefor, and of the right to appeal qualifications fulfill the requirements S ec. 21. Failure to select. If any appli­ in writing to the Regional Director, prescribed in this notice, such applicant cant refuses to select a farm unit or fails Bureau of Reclamation. All appeals shall be notified, in person or by regis­ to do so within the time specified by the must be received in the office of the Dis­ tered mail, that he is a successful ap­ board, such applicant shall forfeit his trict Manager, Bureau of Reclamation, plicant and shall be given an opportunity position in his priority group and his P. O. Box 312 (Building 61, Municipal to select one of the farm units then avail­ name shall be placed last in that group. Wednesday, September 15,1948 FEDERAL REGISTER 5387

Sec. 22. Payment of charges and filing rigable acre of land in the farm unit, Sec. 25. Reservation of rights-of-way homestead applications. After each suc­ whether water is used or not, which will for public roads. Rights-of-way are re­ cessful applicant has advised the board entitle the entryman to two and one served for County, State, and Federal of his selection of a farm unit he shall half (2Y2) acre-feet of water per ir­ highways and access roads to the farm be notified by the board of the annual rigable acre. Payment of this charge units shown on said plats along section construction, water rental, or other for the irrigation season of Í949 shall lines and other lines shown in red on the charges, payment of which must be re­ be made at the time of filing water rental farm plats. ceived at the office of the District Man­ applications. Sec. 26. Reservation of rights-of-way ager, Bureau of Reclamation, P. O. Box Additional water will be furnished for publicly owned utilities. Rights-of- 312 (Building 61, Municipal Airport), during the 1949 irrigation season and way are reserved for government-owned Klamath Falls, Oregon, within 15 days thereafter until further notice up to a telephone, electric transmission, water of the receipt by the applicant of such limit of three and one half (3%) acre- and sewer lines, and water treating and notice. Upon receipt by the District feet per irrigable acre at the rate of one pumping plants, as now constructed, and Manager of such payment from the ap­ dollar ($1.00) per acre-foot and all fur­ the Secretary of the Interior reserves the plicant before the expiration of said 15- ther quantities at one dollar and twenty right to locate such other government- day period, the board shall furnish each cents ($1.20) per acre-foot. Charges for owned facilities over and across the farm applicant, by registel^d mail or by de­ the additional water are to be paid on units above described as hereafter, in livery in person, a certificate of eligibil­ or before December 1 of the year in his opinion, may be necessary for the ity stating that the applicant’s qualifica­ which used. No water shall be delivered proper construction, operation, and tions to enter public lands have been ex­ to the water user in subsequent years maintenance of the said project. amined and approved by the board. until all such charges have been paid Sec. 27. Waiver of mineral rights. All Such certificate must be attached by the in full. homestead entries for the above-de­ applicant to the homestead application, In the event any applicant does not scribed farm units will be subject to the which application must be filed at the receive notice of the award of a farm laws of the United States governing min­ District Land Office, Bureau of Land unit until after June 15, 1949, payment eral laud, and all homestead applicants Management, Sacramento, California. shall be a minimum charge of three dol­ under this notice must waive the right Such homestead application must be lars and fifty cents ($3.50) per acre, to the mineral content of the land, if re­ filed within 15 days from the date of the which payment shall apply as a credit quired to do so by" the Bureau of Land receipt by the applicant of such certifi­ on the minimum charge for the follow­ Management; otherwise, the homestead cate. Failure to pay the annual con­ ing irrigation season. struction, water rental or other charges The foregoing charges are subject to applications will be rejected or the home­ required and to make application for all provisions of the Federal Reclama­ stead entry or entries cancelled. homestead entry within the period spec­ tion Law relative to collections and pen­ Sec. 28. Effects of cancellation of entry ified herein will render the application alties for delinquencies. The charges by relinquishment. In the event that subject to rejection. will be paid at the office of the Bureau any entry of public land made hereunder of Reclamation, Klamath Falls, Oregon. is cancelled by relinquishment at any GENERAL PROVISIONS , Future charges will be announced by fu­ time prior to full compliance with the Sec. 23. Warning against unlawful ture order or public notice. homestead laws, the lands in the entry settlement. No person shall be permit­ (b) Charges payable after execution so relinquished shall become available to ted to gain or exercise any right under of the repayment contract—(1) Part 1, entry by the next numbered qualified any settlement or occupation of any of Tule Lake Division. Subsequent to the applicant who will be treated as a stand­ the public lands covered by this notice execution of the repayment contract, ing applicant therefor under this notice. except under the terms ^nd conditions and in accordance with the terms there­ Such applicant shall be required to fur­ prescribed by this notice. of, water users will pay an annual charge nish such additional information as may be necessary to satisfy the board that he Sec. 24. Charges payable by all water per acre to meet operation and mainte­ users. The Reclamation Law provides nance cost and to pay the government is still qualified under the terms of this that except during a “development pe­ that portion of the construction cost notice. riod” fixed by the Secretary of the Inte­ allocated to Part 1, Tule Lake Division. Sec. 29. Opportunity of leasing. The rior, water may not be delivered for the The per acre construction charge to be farm units listed in section 1 of this no­ irrigation of lands until an organization, included in said repayment contract tice under Part 1, Tule Lake Division, satisfactory in form and powers to the shall be in an amount determined proper are less well developed than the other Secretary, has entered into a contract by the Secretary, but not to exceed a total farm units listed. Accordingly, to afford with the United States providing for the per acre charge of $88.35, payable over the opportunity of a more adequate in­ repayment of the project construction a 40-year period. come during the development period of costs which are allocated to such irri­ (2) Part 2, Tule Lake Division. Sub­ the farm unit, each entryman awarded gated lands. The lands described in sec­ sequent to the execution of the repay­ one of the above-described farm units tion 1 of this public notice are hereby ment contract, and in accordance with will be offered the right to lease, for one- designated a development unit, and the the terms thereof, water users will pay year periods not to exceed a total of three maximum -development period for the an annual charge per ácre to meet oper­ years, a lease unit of .approximately 75 lands so designated is fixed at a period of ation and maintenance costs and to re­ acres in the Tule Lake reserve sump area pay to the government that portion of known as lease area B-2. four years from and including the first the construction costs allocated to Part 2, year in which water is delivered; Pro­ Tule Lake Division. On the date of Sec. 30. Flood hazard. The lands to vided, That such period may be reduced issue of this public notice, it is imprac­ be entered in Part 2 of the Tule Lake by supplemental notice should the Sec­ ticable to determine the total construc­ Division are reclaimed lands lying in the retary determine that the full four-year tion cost of Part 2, Tule Lake Division former bed of Tule Lake and may be period is not reasonably necessary. Be­ Distributary system, the allocation of subject to flooding and inundation dur­ fore the end of the development period, costs to Part 2, Tule Lake Division of the ing extremely wet years. The Bureau of all lands described in section 1 must, Klamath Reclamation Project, and the Reclamation is now engaged in the con­ therefore, be included within an organ­ ultimate water-service area of the Divi­ struction of additional works which, ization of the type described and such or­ sion. Accordingly, no exact statement when completed, will provide reasonable ganization must execute a joint-liability as to the total and per acre construction flood protection. Settlers are warned, contract, satisfactory in form to the Sec­ charge be made against the lands opened however, that in case of extreme run­ retary, covering the repayment of the in this public notice is practicable. off resulting in the flooding of any of the construction costs allocated to such lands, the government assumes no re­ lands. , When the total construction charge has been determined and allocated by the sponsibility for damage to persons or (a) Charges payable before execution property caused by such flooding. of the repayment contract. The mini­ Secretary of the Interior, and a repay­ mum water rental charge for the irriga­ ment contract negotiated with the irri­ W il l ia m E. W a r n e, tion season of 1949 and thereafter until gation district, a supplementary notice Assistant Secretary of the Interior. further notice shall be three dollars and announcing the total and per acre [F. R. Doc. 48-8239; Filed, Sept. 14, 1918; fifty cents ($3.50) per acre for each ir- charges will be issued. 8:47 a. m.] 5388 NOTICES

B ear R iver P roject, U tah FEDERAL POWER COMMISSION tion (Applicant), a Delaware corporation with its principal place of business in FIRST FORM RECLAMATION WITHDRAWAL [Docket Nos. G-441, G-447, G-448] El Paso, Texas, seeking authorization, J uly 27, 1948. N ew Y ork S tate N atural G as Corp. pursuant to section 7 of the Natural Gas In accordance with the authority et al. Act, to cbntinue the sale of natural gas to El Paso Natural Gas Company for vested in you by the Act of June 28,1934 NOTICE OF ORDERS TERMINATING PROCEEDINGS resale by that company to the Lea (48 Stat. 1269), as amended, it is recom­ S eptember 10, 1948. County Gas Company, El Paso Electric mended that the following-described In the Matters of New York State Company,1 American Smelting and Re­ lands be withdrawn from public entry Natural Gas Corporation, Docket No. fining Company, Southwestern Portland under the first form of withdrawal, as G-441; Penn-York Natural Gas Com­ Cement Company, and El Paso Brick provided in section 3 of the act of June pany, Docket No. G-447; Home Gas Com­ Company; 17, 1902 (32 Stat. 388), and that Depart­ pany, Docket No. G-448. The Commission orders that: ; Notice is hereby given that, on Sep­ (A) Pursuant to the authority con­ mental Order of April 8, 1935, estab­ tained in and subject to the jurisdic­ lishing Utah Grazing District No. 1 be tember 9, 1948, the Federal Power Com­ mission issued its orders entered Sep­ tion conferred upon the Federal Power modified and made subject to the .with­ tember 8, 1948, terminating proceedings Commission by sections 7 and 15 of the drawal effected by this order. Natural Gas Act, as amended, and the relative to applications for temporary Commission’s Provisional rules of prac­ Bear River Project certificates of public convenience and ne­ tice and regulations (effective July 11, SALT LAKE MERIDIAN, UTAH cessity in the above-designated matters. 1938), a hearing be held on the 19th day T. 13 N., R. 8 W., [ seal] Leon M. F uquay, of October, 1948, at 9:45 a. m. (E. S. T.) Sec. 20, NE&, N'/2NWy4, SE^N W ^, Secretary. in the Hearing Room of the Federal Power Commission, 1800 Pennsylvania NE14SE14; [F. R. Doc. 48-8246; Filed, Sept. 14, 1948; Sec. 30, Lot 4, 8E»48W%, E%. 9:03 a. m.] Avenue NW„ Washington, D. C., con­ T. 12 N., R. 9 W., cerning the matters of fact and law Sec. 1, all. t asserted in the application filed in the above-entitled proceedings; provided, The above areas aggregate 1,356.92 however, that if no request to be heard acres. [Docket No. G-1062] or protest or petition to intervene, rais­ omlinson G. E. T , P otomac G as Co. ing in the judgment of the Commission Acting Commissioner. an issue of substance, has been filed or NOTICE OF FINDINGS AND ORDER ISSUING CER­ allowed prior to thé date hereinbefore I concur: August 25, 1948. TIFICATE OF PUBLIC CONVENIENCE AND set for hearing, the Commission may, NECESSITY after a non-contested hearing, forth­ M arion Clawson, September 10, 1948. with dispose of the proceeding by order Director, Bureau of Land Notice is hereby given that, on Sep­ upon consideration of the application Management. tember 9, 1948, the Federal Power Com­ and the evidence filed therewith and in­ The foregoing recommendation is mission issued its findings and order en­ corporated in the record of the proceed­ tered September 8, 1948, issuing certifi­ ing, together with such additional evi­ hereby approved, as recommended, and cate of public convenience and necessity the Director of the Bureau of Land Man­ dence as may be available or as the Com­ in the above-designated matter. mission may require to be filed and in­ agement will cause the records of his corporated iff the record for its con­ office and the District Land Office to be v [seal] Leon M. F uquay, Secretary. sideration. noted accordingly. (B) Interested State commissions Notice for filing objections. Notice is [F. R. Doc. 48-8247; Filed, Sept. 14, 1948; may participate in accordance with hereby given that for a period of 30 days , 9:03 a. m.] § 67.4 of the provisional rules of practice from the date of publication of this no­ and regulations under the Natural Gas tice, persons having cause to object to Act, effective July 11, 1938. the terms of the above order withdraw­ [Project No. 1853] Date of issuance : September 9,1948. ing certain public lands in the State of By the Commission. Utah for use in connection with the Bear F irst I owa H ydro-E lectric Cooperative River project, Utah, may present their [seal] Leon M. F uquay, objections to the Secretary of the In­ NOTICE OF ORDER MODIFYING DECEMBER 19, Secretary. terior. Such objections should be in 1947 ORDER AUTHORIZING ISSUANCE OF LICENSE (MAJOR) [F. R. Doc. 48-8249; Filed, Sept. 14, 1948; writing, should be addressed to the Sec­ 9:03 a. m.] retary of the Interior, and should be S eptember 10, 1948. filed in duplicate in the Department of Notice is hereby given that, on Sep­ the Interior, Washington 25, D. C. tember 9, 1948, the Federal Power Com­ [Docket No. E-6162] In case any objection is filed and the mission issued its order entered Septem­ nature of the opposition is such as to ber 8, 1948, modifying the order of De­ N ew Y ork S tate Electric and Gas warrant it, a public hearing will be held cember 19, 1947,.authorizing issuance of Corp. at a convenient time and place, which license (major) in the above-designated ORDER SUSPENDING RATE SCHEDULE AND will be announced, where opponents to matter. FIXING DATE OF HEARING the order may state their views and [ seal] Leon M. F uquay, S eptember 8, 1948. where the proponents of the order can • Secretary. It appears to the Commission that: explain its purpose, intent and extent. [F. R. Doc. 48-8248; Filed, Sept. 14, 1948; (a) New York State Electric and Gas Should any objection be filed, notice of 9:03 a. m.] Corporation (New York Company) sub­ the determination by the Secretary as mitted for filing on August 12, 19482 a to whether the order should be rescinded, modified or let stand will be given to all *E1 Paso Natural Gas Company was au­ [Docket No. G-287-A] thorized to make the sales herein referred to interested parties of record and the gen­ by the Commission’s order adopted April 11, eral public. E l P aso G as T ransportation Corp. 1944, “Ih the Matters of El Paso Natural Gas W illiam E. W arne, Company”, Docket Nos. G-474 and G-475. ORDER FIXING DATE OF HEARING *New York Company had originally filed Assistant Secretary of the Interior. the supplement on July 12, 1948. The filing S eptember 8, 1948. date subsequently became August 12, 1948, August 31, 1948. Upon consideration of the application upon the receipt of the company’s reply to IF. R. Doc. 48-8240; Filed, Sept. 14, 1948; filed March 12,1943, Docket No. G-287-A, the staff’s request for additional informa­ x 8:47 a. m.] by El Paso Gas Transportation Corpora— tion. . 'Wednesdayy September 15,1948 FEDERAL REGISTER 5389 supplemental agreement dated June 21, (E) Interested State commissions may (2) Whether, and to what extent, the 1948, proposed to become effective May participate as provided by Rules 1.8 and Board shall take further action with re­ 24, 1948, with its affiliate, Pennsylvania 1.37 (f) of the Commission’s general spect to the provisions of such tariff Electric Company (Pennsylvania Elec­ rules and regulations, including rules of rules. tric). The supplemental agreement has practice and procedure dated January (3) Whether such agreements between been tentatively designated as Supple­ 1, 1948 (18 CFR 1.8 and 1.37 (f)>. air carriers, foreign air carriers and * ment No. 3 to New York Company’s Rate Date of issuance: September 9,1948. other carriers as members of Interna­ Schedule FPC No. 10. tional Air Transport Association are ad­ (b) New York Company’s proposed By the Commission. verse to the public interesyor in viola­ Supplement No. 3 to Rate Schedule FPC [ seal] L eon M. F uquay, tion of the Civil Aeronautics Act because No. 10 provides for a substantial increase Secretary. of unjustly discriminatory provisions in rates or charges for power and energy [F. R. Doc. 48-8250; Filed, Sept. 14, 1948; contained therein or for any other delivered by New York Company to 9:03 arm .] reason. Pennsylvania Electric’s Bradford Dis­ Notice is further given that any per­ trict.' : • son, other than parties of record as of (c) Unless suspended by order of the CIVIL AERONAUTICS BOARD August 19, 1948, desiring to be heard Commission, the rate schedule of New in this proceeding must file with the York Company with the tentative desig­ [Docket No. 2737 et al.] Board on or before October 4, 1948 a nation referred to in paragraph (a), I nternational Air T ransport Assn . ; F ree statement setting forth the issues of fact above, would become effective as of Sep­ and R educed-R ate T ransportation or law raised by this proceeding on which tember 12, 1948, pursuant to the provi­ Case he desires to be heard. sions of the Federal Power Act and the notice of hearing For further details with respect to the general rules and regulations promul­ investigation and the issues therein, in­ gated thereunder. In the matter of the investigation of terested parties are referred to the per­ (d) The change in rates or charges certain tariff rules filed by or on behalf tinent orders of the Civil Aeronautics provided by the New York Company’s of air carriers and foreign air carriers Board on file in the docket. tentatively designated Supplement No. 3 and of certain agreements among air to Rate Schedule FPC No. 10, may result carriers, foreign air carriers and other Dated^it Washington, D. C., Septem­ in excessive rates or charges to Pennsyl­ carriers as members of the International ber 9,19*8. vania Electric; may place an undue Air Transport Association providing for By the Civil Aeronautics Board. burden upon ultimate consumers of such free or reduced-rate transportation for electric energy; may be discriminatory; various classes of persons. M. C. M ulligan, and may result in increased rates or Notice is hereby given, pursuant to the Secretary. Civil Aeronautics Act of 1938, as amend­ charges which have not been shown to be [F. R. Doc. 48-8262; Filed, Sept. 14, 1948; justified. ed, particularly sections 205 (a), 412 and 8:45 a. m.] (e) By letter dated August 27, 1948, 1002 of said Act, that a hearing in the the Chairman of the Pennsylvania Pub­ above-entitled proceeding is assigned to lic Utility Commission has requested be held on October 4, 1948 at 10:00 a. m. UNITED STATES TARIFF “that operation of the supplemental (eastern standard time) in Conference agreement * * * be suspended until Room B, Departmental Auditorium, Con­ COMMISSION the staff of this Commission has had an stitution Avenue between 12th and 14th [List No. 2 (E) ] opportunity to review the matter in con­ Streets NW., Washington, D. C., before ference with members of the Federal Examiner Barron Fredricks. U. fe. D istillers T ariff C ommittee Power Commission Staff.” Without limiting the scope of the is­ The Commission finds that: It is nec­ sues presented by the orders of investi­ APPLICATION FOR RELIEF FROM ALLEGED essary, desirable and in the public in­ gation herein, particular attention will INJURY DUE TO INCREASED IMPORTS terest that the Commission enter upon be directed to the following matters and S eptember 9, 1948. a hearing concerning the lawfulness of questions: (1) Whether the provisions contained Application as listed below has been the proposed rates or charges and that filed with the United States Tariff Com­ said proposed rates or charges be sus­ in the tariff rules under investigation are pended pending such hearing and de­ unjust or unreasonable, or unjustly dis­ mission for investigation under the pro­ cision thereon. criminatory, or unduly preferential or visions of Part I, Executive Order 9832 of The Commission orders that: unduly prejudicial. February 25,1947. (A) A public hearing be held com­ mencing November 15,1948, at 10:00 a. m. Name of article Purpose of request Date received Name and address of applicant (e. s. t.) in the Hearing Room of the Federal Power Commission, 1800 Penn­ Whiskies and spirits___ Relief from alleged injury due to in­ Sept. 7,1948 U. S. Distillers Tariff Committee, creased imports resulting from Room 426, Union Trust Bldg., sylvania Avenue NW., Washington, D. C.¡ the concessions granted in the Washington, D. C. (application concerning the lawfulness of the rates or General Agreement on Tariffs filed on behalf of 28 distilling com­ charges provided for in New York Com­ and Trade. panies). pany’s proposed rate schedule identified in paragraph (a) above. The application listed above is avail­ [Vesting Order 11642] (B) Pending such hearing and de­ able for public inspection ati the office of I da B lock cision thereon, the supplemental rate the Secretary, Tariff Commission Build­ schedule referred to in paragraph (a) ing, Eighth and E Streets NW., Wash­ In re: Estate of Ida Block, deceased. above be and the same hereby is sus­ ington, D. Ç., where it may be read and File D-28-10178; E. T. sec. 14492. pended and the use of such rates or copied by persons interested. Under the authority of the Trading charges deferred until February 12,1949, With the Enemy Act, as amended, Execu­ and thereafter such rate schedule shall [ seal] S idney M organ, tive Order 9193, as amended, and Ex­ go into effect in the manner prescribed Secretary. ecutive Order 9788, pursuant to law, by the Commission in accordance with [F. R. Doc. 48-8236; Filed, Sept. 14, 1948; after investigation, it is hereby found: the Federal Power Act. 8:47 a. m.] 1. That Olga Richter, Mrs. Alma (C) During the period of suspension Drecksler, Mrs. Wanda Gutjahr, Mrs. the rates or charges heretofore in effect Margaretha Oelschlager, Mrs. Lydia under the rate schedule on file with the DEPARTMENT OF JUSTICE Behrmann, Adolph Richter, Mrs. Hulda Commission for service to Pennsylvania Office of Alien Property Apelt (Appelt), Albert Schulz, Martha Electric by New York Company shall re­ Schulz and Elfrieda Klein, whose last Authority: 40 Stat. 411, 55 Stat. 839, Pub. main and continue in effect. Laws 322, 671, 79th Cong., 60 Stat. 50, 925; 50 known address is Germany, are residents (D) At such hearing, the burden of U. S. C. and Supp. App. 1, 616; E. O. 9193, of Germany and nationals of a desig­ proof to show that the proposed rates July 6, 1942, 3 CFR, Cum. Supp., E. O. 9567, nated enemy country (Germany)j or charges are just and reasonable shall June 8, 1945, 3 CFR, 1945 Supp., E. O. 9788, 2. That the sum of $18,669.94 was paid be upon New York Company. Oct. 14, 1946, 11 F. R. 11981. to the Attorney General of the United 5390 NOTICES States by Arthur Richter, Administra­ dated January 16, 1925, by and between Trust & Savings Bank, a Corporation, as tor with the will annexed of the Estate Edmund Eckart, grantor, and the New executor, acting under the judicial super­ of Ida Block, deceased; Rochelle Trust Company, trustee, pres­ vision of the Superior Court, State of 3. That the said sum of $18,669.94 was ently being administered by the New California, in and for the County of San accepted by the Attorney General of the Rochelle Trust Company, Trustee, 542 Diego, California; United States on March 16, 1948, pursu­ Main Street, New Rochelle, New York, and it is hereby determined: ant to the Trading With the Enemy Act, is property within the United, States 5. That to the extent that the persons as amended; owned or controlled by, payable or deliv­ named in subparagraphs 1 and 2 here­ 4. That the said sum of $18,669.94 is erable to, held on behalf of or on account of are not within a designated enemy presently in the possession of the At­ of, or owing to, or which is evidence of country, the national interest of the torney General of the United States and ownership or control by, the aforesaid United States requires that such persons was property within the United States nationals of a designated enemy country be treated as nationals of a designated owned or controlled by, payable or deliv­ (Germany); enemy country (Germany). erable to, held on behalf of or on account and it is hereby determined: All determinations and all action re­ of, or owing to, or which was evidence quired by law, including appropriate con­ of ownership or control by, the aforesaid 3. That to the extent that the persons name?! in subparagraph 1 hereof are not sultation and certification, having been nationals of a designated enemy country made and taken, and, it being deemed (Germany) ; within a designated enemy country, the national interest of the United States re­ necessary in the national interest, and it is hereby determined: quires that such persons be treated as There is hereby vested in the Attorney 5. That to the extent that the persons nationals of a designated enemy coun­ General of the United States the prop­ named in subparagraph 1 hereof are not try (Germany). erty described above, to be held, used, within a designated enemy country, the All determinations and all action re­ administered, liquidated, sold or other­ national interest of the United States quired by law, including appropriate con­ wise dealt with in the interest of and for requires that such persons be treated as sultation and certification, having been the benefit of the United States. nationals of a designated enemy country made and taken, and, it being deemed The terms “national” and “designated (Germany). necessary in the national interest, enemy country” as used herein shall have All determinations and all action re­ There is hereby vested in the Attorney the meanings prescribed in section 10 of quired by law, including appropriate General of the United States the prop­ Executive Order 9193, as amended. consultation and certification, having erty described above, to be held, used, Executed at Washington, D. C., on been made and taken, and, it being administered, liquidated, sold or other­ August 30, 1948. deemed necessary in the national wise dealt with in the interest of and interest, for the benefit of the United States. For the Attorney General. There is hereby vested in the Attorney The terms “national” and “designated [seal] M alcolm S. Mason, General of the United States the prop­ enemy country” as used herein shall have Acting Deputy Director* erty described above, to be held, used, the meanings prescribed in section 10 of Office of Alien Property. administered, liquidated, sold or other­ Executive Order 9193, as amended. wise dealt with in the interest of and [F. R. Doc. 48-8272; Filed, Sept. 14, 1948} for the benefit of the United States. Executed at Washington, D. C., on 8:46 a. m.] This vesting order is issued nunc pro August 30, 1948. tunc to confirih the vesting of the said For the Attorney General. property by acceptance as aforesaid. The terms “national” and “designated [ seal] M alcolm S. M ason, [Vesting Order 11930] Acting Deputy Director, enemy country” as used herein shall have W illiam S. S chulz the meanings prescribed in section 10 Office of Alien Property. of Executive Order 9193, as amended. [F. R. Doc. 48-8271; Filed, Sept. 14, 1948; In re: Estate of William S. Schulz, de­ 8:46 a. m.] ceased. File No. D-28-12398; E. T. sec. Executed at Washington, D. C., on 16620. July 19,1948. Under the authority of the Trading For the Attorney General. With the Enemy Act, as amended, Exec­ [Vesting Order 11914] utive Order 9193, as amended, and Exec­ [seal] H arold I. B aynton, utive Order 9788, and pursuant to law, Deputy Director, Anton K nittel after investigation, it is hereby found: Office of Alien Property. In re: Estate of Anton Knittel, de­ L That Wilhelm Schulz, whose last [F. R. Doc. 48-8270; Filed,'sept. 14, 1948; ceased. File No. D -i7-360; E. T. sec. known address is Germany, is a resident 8:46 a. m.J 7966. of Germany and a national of a desig­ Under the authority of the Trading nated enemy country (Germany); With the Enemy Act, as amended, Exec­ . 2. That all right, title,' interest and utive Order 9193, as amended, and Ex­ claim of any kind or character whatso­ [Vesting Order 11909] ecutive Order 9788, and pursuant to law, ever of the person named in subpara­ after investigation, it is hereby found: graph 1 hereof, in and to the estate of E dmund E ckart and N ew R ochelle 1. That Herbert Pohl and Edgar Pohl, William S. Schulz, deceased, is property T rust Co. also known as Hans Edgar Franz Pohl, payable or deliverable to, or claimed by, In re: Deed of trust dated January 16, whose last known address is Germany, the aforesaid national of a designated 1925, between Edmund Eckart, grantor, are residents of Germany and nationals enemy country (Germany); and the New Rochelle Trust Company, of a designated enemy country (Ger­ 3. That such property is in the process trustee. File D-28-10496-G-JL. many) ; of administration by Charlotte Schulz Under the authority of the Trading 2. That Friestel Pohl, who there is rea­ Eder, 562 West First North St., Provo, With the Enemy Act, as amended, Exec­ sonable cause to believe is a resident of Utah, as Administratrix, acting under utive Order 9193, as amended, and Exec­ Germany, is a national of a designated the judicial supervision of the District utive Order 9788, and pursuant to law, enemy country (Germany); Court of the Fifth Judicial District of after investigation, it is hereby found: 3. That all right, title, interest and the State of Utah in and for Washing­ 1. That Babbette Sill and Oscar Emil claim of any, kind or character whatso­ ton County; Henry Sill, whose last known address is ever of the persons named in subpara­ Germany, are residents of Germany and graphs 1 and 2 hereof and each of them, and it is hereby determined: nationals of a designated enemy coun­ in and to the Estate of Anton Knittel, 4. That to the extent that the person try (Germany); deceased, is property payable or deliver­ named in subparagraph 1 hereof is not 2. That all right, title, interest and able to, or claimed by, the aforesaid within a designated enemy country, the claim of any kind or character whatso­ nationals of a designated enemy country national interest of the United States ever of the persons named in subpara­ (Germany); requires that such person be treated as a graph f hereof, in and to and arising out 4. That such property is in the process national of a designated enemy country of or under that certain trust agreement of administration by the San Diego (Germany). Wednesday, September 15,1948 FEDERAL REGISTER 5391 All determinations and all action re­ Executed at Washington, D. C., on name, and such measures having been quired by law, including appropriate con­ August 30,1948. taken; sultation and certification, having been For the Attorney General. 3. That, in taking such measures in made and taken, and, it being deemed each of such actions or #oceedings, costs necessary in the national interest, [seal] M alcolm S. M ason, and expenses have been incurred in the There is hereby vested in the Attorney Acting Deputy Director, amount stated in Column 4 of said Ex­ General of the United States the prop­ Office of Alien Property. hibit A opposite the action or proceed­ erty described above, to be held, used, [F. R. Do‘c. 48-8228; Filed, Sept.^ 13, 1948; ing identified in Column 3 of said Ex­ administered, liquidated, sold or other­ 8:52 a. m.] hibit A; wise dealt with in the interest of and Now, therefore, there is hereby vested for the benefit of the United States. in the Attorney General of the United The terms ‘‘national” and* ‘‘designated States, to be used or otherwise dealt with enemy country” as used herein shall have [Vesting Order CE 457] in the interest of and for the benefit of the meanings prescribed in section 10 of the United States, interests in the prop­ Executive Order 9193, as amended. Costs and Expenses Incurred in Certain erty which said persons obtain or are A ctions or P roceedings in Certain determined to have as a result of said Executed at Washington, D. C„ on A rizona, N ew J ersey, and Ohio Courts actions or proceedings in amounts equal August 30, 1948. Under the authority of the Trading to the sums stated in Column 4 of said For the Attorney General. With the Enemy Act, as amended, Ex­ Exhibit A. The term “designated enemy coun­ [seal] M alcolm S. M ason, ecutive Order 9193, as Amended, and Acting Deputy Director, Executive Order 9788, and pursuant to try” as used herein shall have the mean­ Office of Alien Property. law, after investigation, it having been ing prescribed in section 10 of Execu­ found: tive Order 9193, as amended. The term [F. R. Doc. 48-8273; Filed, Sept. 14, 1948; 1. That each of the persons named in “enemy-occupied territory” as used 8:46 a. m.] Column 1 of Exhibit A, attached hereto herein shall have the meaning pre­ and by reference made a part hereof, was scribed in rules of procedure, Office of a person within the designated enemy Alien Property, § 501.6 (8 CFR, Cum. country or the enemy-occupied territory Supp., 503.6). [Vesting Order 11928] identified in Column 2 of said Exhibit A J oseph R eiss opposite such person’s nam er Executed at Washington, D. C., on In re; Rights of Joseph Reiss under 2. That it was in the interest of the September 8,1948. United States to take measures in con­ Insurance Contract. File No. F-28- For the Attorney General. 22714-H-l. nection with representing each of said Under the authority of the Trading persons in the court or administrative [ seal] D avid L. B azelon, With the Enemy Act, as amended, Execu­ action or proceeding identified in Column Assistant Attorney General, tive Order 9193, as amended, and Execu­ 3 of said Exhibit A opposite such person’s Director, Office of Alien Property. tive Order 9788, and pursuant to law, Exhibit A after investigation, it is hereby found: 1. That Joseph Reiss, whose last Column 1 Column 2 Column 3 , known address is Germany, is a resident Column 4 Country or of Germany and a national of a desig­ Name Action or proceedings Sum vested nated enemy country (Germany); territory 2. That the net proceeds due or to be­ % come due under a contract of insurance Item 1 evidenced by Policy No. 12806401, issued Victoria Gregorescu Staicu______Estate of Paul Gregorescu, deceased. Probate $76.00 Court, Cuyahoga County, State of Ohio, by the New York Life Insurance Com­ No. 357165. . pany, New York, New York, to Willibald Item 8 F. Reiss, together with the right to de­ Estate of Rudolph Luis Balke, deceased. 28.00 mand, receive and collect sdfid net pro­ Superior Court, State of Arizona in and for ceeds, _ Coimty Of Maricopa No. 7236. is property within the United States Item S owned or controlled by, payable or de­ Marie Gutekunst...... 12. Ó0 liverable to, held on behalf of or on Item 4 account of, or owing to, or which is evi­ Martha Zaft...... 12.00 dence of ownership or control by, the Item 5 ■ aforesaid national of a designated enemy Ferdinando Varacalli...... Italy...... Estate of Maria Varacalli Nobile, deceased. 25.00 country (Germany); Probate Court, Mahoning Coimty, State of Ohio. and it is hereby determined: Item 6 3. That to the extent that the person Giuseppe Varacalli...... 25.00 named in subparagraph 1 hereof is not Item 7 within a designated enemy country, the Alexander Kingsland...... Trust under the will of Marie Binney Earl, 86.00 national interest of the United States deceased. Orphans’ Court, Burlington requires that such person be treated as a County, Mount Holly, N. J. national of a designated enemy country Item 8 (Germany). Anna Biccadilli di Bologna also known ...... do...... 43.00 as Princess Anna di Castelcicala All determinations and all action re­ or her children. quired by law, including appropriate con­ sultation and certification, having been made and taken, and, it being deemed [F. R. Doc. 48-8274; Filed, Sept. 14, 1948; 8:46 a. m.] necessary in the national interest, There is hereby vested in the Attorney General of the United States the property [Vesting Order 11932] utive Order 9788, and pursuant to law. described above, to be held, used, ad­ Maria S pork ' after investigation, it is hereby found: ministered, liquidated, sold or otherwise 1. Maria Spork, whose last known ad­ dealt with in the interest of and for the In re: Rights of Maria Spork under dress is Germany, is a resident of Ger­ benefit of the United States. Insurance Contract. File No. D-28- many and a national of a designated The terms “national” and “designated 12162-H-2. enemy country (Germany); enemy country” as used herein shall have Under the authority of the Trading 2. That the net proceeds due or to be­ the meanings prescribed in section 10 of With the Enemy Act, as amended, Exec­ come due under a contract of insurance Executive Order 9193, as amended. utive Order 9193, as amended, and Exec- evidenced by policy No. BF 50981, issued 5392 NOTICES by the Bankers National Insurance Com­ within a designated enemy country, the wise dealt with in the interest of and for pany, Phoenix, Arizona, to Rev. Leo Oel- national Interest of the United States re­ the benefit of the United States. mann, together with the right to de­ quires that such person be treated as a The terms "national” and “designated mand, receive and collect said net pro­ national of a designated enemy country enemy country” as used herein shall have ceeds, (Japan). the meanings prescribed in section 10 All determinations and all action re­ of Executive Order 9193, as amended. is property within the United States quired by law, including appropriate owned or controlled by, payable or de­ consultation and certification, having Executed at ^Washington, D. C., on liverable to, held on behalf of, or on ac­ been made and taken, and, it being August 30, 1948. count of, or owing to, or which is évi­ deemed necessary in the natioS&l in­ For the Attorney General. . dence of ownership or control by, the terest, aforesaid national of a designated enemy [ seal] - M alcolm S. M ason, country (Germany) ; There is hereby vested in the Attorney Acting Deputy Director, General Of the United States the prop­ Office of Alien Property. and it is hereby determined: erty described above, to be held, used, 3: That to the extent that the person administered, liquidated, sold or other­ [P. R. Doc. 48-8231; Piled, Sept. 13, 1948; named in subparagraph 1 hereof is not wise dealt with in the interest of and 8:52 a. m.] within a designated enemy country, the for the benefit of the United States. national interest of the United States The terms “national” and "designated requires that such person be treated as a enemy country” as used herein shall have [Vesting Order 11934] national of a designated enemy country the meanings prescribed in section 10 of S hiho U yema (Germany). Executive Order 9193, as amended. All determinations and all action re­ In re: Rights of Shiho Uyema under quired by law, including appropriate con­ Executed at Washington, D. C., on Insurance Contract. File No. B-39- sultation and certification, having been August 30,1948. 18647-H-l. made and taken, and, it being deemed For the Attorney General. Under the authority of the Trading necessary in the national interest, With the Enemy Act, as amended, Ex­ There is hereby vested in the Attorney [seal] M alcolm S. M ason, ecutive Order 9193, as amended, and Acting Deputy Director, Executive Order 9788, and pursuant to General of the United States the prop­ Office of Alien Property. erty described above, to be held, used, ad­ law, after investigation, it is hereby ministered, liquidated, sold or otherwise [P. R. Doc. 48-8229; Piled, Sept. 13, 1948;* found: dealt with in the interest of and for the 8:52 a. m.] 1. That Shiho Uyema, whose last benefit of the United States. known address is Japan, is a resident of The terms “national” and “designated Japan and a national of a designated enemy country” as used herein shall enemy country (Japan); have the meanings prescribed in sec­ 2. That the net proceeds due or to be­ tion 10 of Executive Order 9193, as [Vesting Order 11933] come due under a contract of insurance amended. J o ji G. T sutakawa evidenced by policy No. 7878330, issued by the New York Life Insurance Company, Executed at Washington, D. C., on In re: Rights of Joji G. Tsutakawa un­ New York, New York, to Shiho Uyema, August 30, 1948. der Insurance Contracts File Nos. B-39- together with the right to demand, re­ For the Attorney General. 710-H-l and H-2. ceive and collect said net proceeds, Under the authority of the Trading ( seal] M alcolm S. M ason, With the-Enemy Act, as amended, Execu­ is property within the United States Acting Deputy Director, tive Order 9193, as amended, and Exec­ owned or controlled by, payable or de­ • Office of Alien Property. utive Order 9788, and pursuant to law, liverable to, held on behalf of, or on ac­ [P. R. Doc. 48-8230; Piled, Sept. 13, 1948; after investigation, it is hereby found: count of, or owing to, or which is evi­ 8:52 a. m.] • 1. That Joji G. Tsutakawa, whose last dence of ownership or control by, the known address is Japan, is a resident of aforesaid national Pf a designated enemy Japan and a national of a designated country (Japan); [Vesting Order 11931] enemy country (Japan); and it is hereby determined: 2. That the net proceeds due or to be­ 3. TEftit to the extent that the person T omisaburo S himizu come due under contracts of insurance named in subparagraph 1 hereof is not In re: Rights of Tomisaburo Shimizu evidenced by Policies Nos. 1024250T and within a designated enemy country, the under Insurance Contract. File No. 1067333, issued by the Sun Life Assur­ national interest of the United States D-39-15372-H-1. ance Company of Canada, Montreal, requires that such person be treated as Under the authority of the Trading Quebec, Canada, to Joji G. Tsutakawa, a national of a designated enemy country With the Enemy Act, as amended, Execu­ together with the right to demand, re­ (Japan). tive Order 9193, as amended, and Execu­ ceive and collect said net proceeds, All determinations and all actio» re­ tive Order 9788, and pursuant to law, is property within the United States quired by law, including appropriate after investigation, it is hereby found: owned or controlled by, payable or de­ consultation and certification, having 1. That Tomisaburo Shimizu, whose liverable to, held on behalf of, or on been made and taken, and, it being last known address is Japan, is a resi­ account of, or owing to, or which is evi- deemed necessary in the national in­ dent of Japan and a national of a desig­ dencfe of ownership or control by, the terest, nated enemy country (Japan); aforesaid national of a designated enemy There is hereby vested in the Attorney 2. That the net proceeds due or to country (Japan); General of the United States the prop­ become due under a contract of insur­ erty described above, to be held, used, ad­ ance evidenced by policy No. 8266444, and it is hereby determined: ministered, liquidated, sold or otherwise issued by the New York Life Insurance 3. That to the extent that the person dealt with in the interest of and for the Company, New York, New York, to Tom­ named in subparagraph 1 hereof is not benefit of the United States. isaburo Shimizu, together with the right within a designated enemy country, the The terms “national” and “designated to demand, receive and collect said net national interest of the United States gnemy country” as used herein shall proceeds, requires that such person be treated as have the meanings prescribed in section a national of a designated enemy coun­ 10 of Executive Order 9193, as amended. is property within the United States try (Japan). owned or controlled by, payable or de­ All determinations and all action re­ Executed at Washington, D. C., on liverable to, held on behalf of, or on ac­ August 30,1948. count of, or owing to, or which is evidence quired by law, including appropriate con­ sultation and certification, having been For the Attorney General. of ownership or control by, the aforesaid made and taken, and, it being deemed national of a designated enemy country necessary in the national interest, [ seal] M alcolm S. M ason, (Japan); There is hereby vested in the Attorney Acting Deputy Director, and it is hereby determined: General of the United States the prop­ Office of Alien Property. 3. That to the extent that the person erty described above, to be held, used, IF. R. Doc. 48-8232; Filed, Sept. 13, 1948; named in subparagraph 1 hereof is not administered, liquidated, sold or other­ 8:53 a. m.]