FEDERAL REGISTER 1934 VOLUME 13 \ NUMBER 201 * ÜNlTïV * Washington, Thursday, October 14, 1948

TITLE 21— FOOD AND DRUGS 10.0-ml. aliquot of this solution by the following method: CONTENTS Chapter l-^-Food and Drug Adminis­ (ii) Reagents—(a) Sodium nitrite solu­ Agriculture Department Pase tration, Federal Security Agency tion. Dissolve 0.1 gm. of sodium nitrite in 100 ml. distilled water. Prepare fresh Proposed rule making: P art 141—T ests and Methods of Assay solution every other day. Milk handling, Lima, Ohio, area. 6020 for Antibiotic D rugs (b) Ammonium sulfamate solution. Peas, canned, field and black- P art 146—Certification of Batches of Dissolve 0.5 gm. of ammonium sulfamate eye; U. S. standards for grades P en icillin- or S treptomycin-C on­ in 100 ml. distilled water. (Corr.)______6019 taining Drugs (c) N- (1-naphthyl) -ethylenediamine Sugar consumption require­ solution. Dissolve 0.1 gm. of N- (1 -naph­ ments, quotas, and quota de­ MISCELLANEOUS AMENDMENTS thyl) -ethylenediamine dihydrochloride ficits, 1949______6019 By virtue of the authority vested in the in 100 ml. distilled water. Prepare fresh Federal Security Administrator by the solution every other day. Alien Property, Office of provisions of section 507 of the Tederal (iii) Standard curve. Prepare a stand­ Notices: Food, Drug, and Cosmetic Act (52 Stat. ard stock solution containing 275.5 ml. of Vesting orders, etc.: 1040, 1055, as amended by 59 Stat. 463 procaine hydrochloride U. ¡3. P. in a Epp, Leonhard______6041 and 61 Stat. 11; 21 U. S. C., Sup. 357), liter of distilled water. A standard Klein, Karl______6042 the regulations for tests and methods of working solution containing 2.755 mg. Mosle, Dorothea C__.______6042 assay of antibiotic drugs (12 F. R. 2215;" per liter is prepared by diluting 10.0 ml. Pieroni, Louis______6042 13 F. R. 439, 2475, 3969, 4186) and cer­ of the -standard stock solution to a liter Vahlkamp, Minnie______6041 tification of batches of penicillin- or with distilled water. (Each milliliter of streptomycin-containing drugs (12 F. R. the standard working solution is equiva­ Fédéral Communications Com- - 2231, 4369, 8723; 13 F. R. 436, 1087, 2291, lent to 6 units of procaine penicillin.) mission 2475, 2950, 3969, 4186, 5152) are amended Transfer, respectively, 2.0, 4.0, 6.0, 8.0, Notices : as indicated below: and 10.0 ml. of the standard working 1. Part 141 is amended by adding thesolution and 10.0 ml. of distilled water to International Convention for following new section: each of six 25-ml. volumetric flasks. Add Safety of Life at Sea, 1948; 8.0, 6.0, 4.0, and 2.0 ml. of water to the ' notice to U. S. shipowners, § 141.32 Procaine penicillin and "buff­ ship radio station licensees, ered crystalline penicillin for aqueous first four flasks, respectively, to give each injection—(a) Potency, sterility, mois­ a volume of 10.0 ml. To each flask add etc— 1___ 6034 ture, pyrogens, toxicity, pH. Proceed as 0.5 ml. of 4N HC1, 1.0 ml. of the sodium Schedule of hearings, October directed in § 141.29. nitrite solution, 1.0 ml. of the ammonium 1948 to June 1949______6035 sulfamate solution, and 1.0 ml. of the (b) Buffered crystalline penicillin con­ Federal Power Commission tent—(1) Preparation of sample. Add N-(1-naphthyl) -ethylenediamine solu­ 20 ml. of distilled water to the contents tion, with mixing after each addition. Notices: of a vial of the sample and shake well. Make each flask to a volume of 25 ml. Hearings, etc.: Centrifuge, decant, and centrifuge the with distilled water. Read the percent Atlantic Seaboard Corp____ 6032 decanted liquid to obtain 12 to 15 ml. of light transmission of the colored solu­ Foley, G. F______6033 clear solution. tions using a 2.0 cm. cell and a 550 u Lone Star Gas Co______6032 (2) Iodometric assay for total peni­ filter in a suitable photoelectric color­ Mesabi Pipe Line Co______6033 cillin. Dilute a 5.0-ml. aliquot of the imeter. The instrument is balanced so Mesabi Pipe Line Co. and clear solution prepared in accordance that the zero concentration reads 100% Trunkline Gas Supply Co__ 6033 with subparagraph (1) of this paragraph light transmission. Prepare a standard curve on semilog paper, plotting the per­ Northwestern Public Service to 50 ml. with 1% phosphate buffer at Co------6033 pH 6.0. Determine the total quantity of cent light transmission on the loga­ penicillin in a 2.0-ml. aliquot of this so­ rithmic ordinate scale and the concen­ Fish and Wildlife Service lution by the iodometric assay procedure tration as units of procaine penicillin on Rules and regulations: described in § 141.5 (e). the abscissa. (iv) Procedure. By means of a volu­ Railroad Valley National Wild­ (3) Colorimetric determination of pro­ life Refuge, Nevada; hunting- 6018 caine penicillin, (i) Transfer a 10.0-ml. metric pipette transfer to a 25-ml. volu­ aliquot of the solution prepared in sub- metric flask 10.0 ml. of the solution pre­ Food and Drug Administration paragraph (2) of this paragraph to a pared in subparagraph (3) (i) of this Proposed rule making : 1-liter volumetric flask and make to vol­ paragraph. Add 0.5 ml. of 4N HC1, 1.0 Bread and related products; ume with distilled water. Determine the ml. of the sodium nitrite solution, 1.0 ml. definitions and standards of quantity of procaine penicillin in a (Continued on next page) identity______6024 6015 6016 RULES AND REGULATIONS CONTENTS— Continued CODIFICATION GUIDE— Con. National Park Service page Title 49— Transportation and Page FEDERAL^REGISTER Proposed rule making: Railroads '»34 ¿¡F Chapter I—Interstate Commerce t'N ITtO ’ Labor standards applicable to employees of concessioners; Commission : hearing on wages and over­ Part 95—Car service.— -----6018 Published daily, except Sundays, Mondays, time compensation------6019 Title 50— Wildlife and days following official Federal holidays, Securities and Exchange Com­ Chapter I — Fish and Wildlife by the Division of the Federal Register, the Service, Department of the National Archives, pursuant to the authority mission contained in the Federal Register Act, ap­ Interior: proved July 26, 1935 (49 Stat. 500, as Notices : Part 21—Pacific region national amended; 44 U. S. C., ch. 8B), under regula­ Hearings, etc.: wildlife refugeS*— ------6018 tions prescribed by the Administrative Com­ Engineers Public Service Co— 6034 mittee, approved by the President. Distribu­ Pennsylvania Gas and Elec­ tion is made only by the Superintendent of tric Corp. and North Shore of the ammonium sulfamate solution, Documents, Government Printing Office, Gas Co ------6034 and 1.0 ml. of the N-(1-naphthyl) -ethyl- Washington 25, D. C. enediamine solution with mixing after The regulatory material appearing herein is each addition. Make to 25.0 ml. with dis­ keyed to the Code of Federal Regulations, CODIFICATION GUIDE which is published, under 50 titles, pursuant tilled water. Set the colorimeter at 100% to section 11 of the Federal Register Act, as A numerical list of the parts of the Code light thansmission with the 0% concen­ amended June 19, 1947. of Federal Regulations affected by documents tration blank as directed above and ob­ The F ederal R egister will be furnished by published in this issue. Proposed rules, as tain the percent light transmission of the mail to subscribers, free of postage, for $1.50 opposed to final actions, are identified as sample. The concentration obtained per month or $15.00 per year, payable in ad­ such. directly from the standard curve corre­ vance. The charge for individual copies sponding to the percent light transmis­ (minimum 15tf) varies in proportion to the Title 7— Agriculture Page sion of the sample X20 equals the concen­ size of the issue. Remit check or money Chapter I—Production and tration of procaine penicillin in 2 ml. of order, made payable to the Superintendent M ark etin g Administration the solution prepared in subparagraph of Documents, directly to the Government (Standards, Inspections, Printing Office, Washington 25, D. C. (2) of this paragraph. There are no restrictions on the republica­ Marketing Practices) : The content of buffered crystalline tion of material appearing in the F ederal Part 52—Procëssed fruits, vege­ penicillin in the sample vial is equal to R egister. tables, and other products the difference between the total number (inspection, certification and of units of penicillin in 2.0 ml. of the standards) (proposed)------. 6019 solution as determined by subparagraph Chapter VUI—Production and Now Available (2) of this paragraph and the total num­ M arketing Administration ber of units of procaine penicillin in 2.0 (Sugar Branch) : ml. of this same solution as determined UNITED STATES Part 821—Sugar quotas (pro­ above, multiplied by 100. GOVERNMENT posed)______i— 6019 The content of buffered crystalline Chapter IX—Production and penicillin in the batch is satisfactory MANUAL M arketing Administration when determined by the method de­ (Marketing Agreements and scribed in this paragraph if it is not less 1948 Edition Orders) : than 85% of that which it is represented Proposed, rule making------6020 (Revised through June 30) to contain. Title 21— Food and Drugs Xc) Procaine penicillin. The procaine Published by the Division of the Federal Chapter I—Pood and Drug Ad­ penicillin content of the batch is the dif­ Register, the National Archives ministration, Federal Security ference between the potency determined by the method described in paragraph 722 pages— $1.00 a copy , Agency: Part 17—Bread and related (a) of this section and the content of Order from Superintendent of Documents, p ro d u c ts ; definitions and buffered crystalline penicillin deter­ United States Government Printing Office, . standards of identity (pro- mined by the method described in para­ Washington 25, D. C. posed)______6024 graph (b) of this section. Part 141—Tests and methods of The procaine penicillin content of the assay for antibiotic drugs----- 6015 batch is satisfactory when determined by Part 146—Certification of the method described in this paragraph CONTENTS— Continued batches of penicillin- or strep­ if it is not less than 85% of that which it is represented to contain. Food and Drug Administra­ Page tomycin-containing drugs,— 6015 tion— Continued Title 26— Internal Revenue 2. The headnote of § 146.27 is amended Rules and regulations: Chapter I—Bureau of Intèrnal to read: Antibiotic drugs, tests and meth­ Revenue, Department of the § 146.27 Tablets buffered penicillin ods of assay—,---- ,------, 6015 Treasury: (tablets buffered penicillin sodium, tab­ Penicillin- or streptomycin- Part 455—Rewards for informa­ lets buffered penicillin calcium, tablets containing drugs, certification tion leading to detection and buffered penicillin potassium, tablets of batches------6015 punishment of persons violai* buffered penicillin procaine, tablets buf­ Internal Revenue Bureau ,ing internal revenue laws.— 6018 fered penicillin sodium salt, tablet/s buf­ Rules and regulations: Title 36— Parks and Forests fered penicillin calcium salt, tablets but-, Rewards for information lead­ fered penicillin potassium salt, tablets Chapter I—National Park Service, buffered penicillin procaine salt). *' * * ing to detection and punish­ Department of the Interior: ment of persons violating Part 21—Hot Springs National 3. Section 146.27 (a) is amended to internal revenue laws------6018 Park; bathhouse regulations Interstate Commerce Commis­ (proposed) ------6019 (a) Standards of identity, strength, sion Part 28—Labor standards appli­ quality, and purity. Tablets buffered Rules and regulations: cable to employees of National penicillin is sodium penicillin, calcium Car service; refrigerator cars Park Service concessioners penicillin, potassium penicillin, or pro­ for transporting cotton------6018 (proposed)------6019 caine penicillin and one or more of Thursday, October 14, 1948 FEDERAL REGISTER 6017 the buffer substances sodium citrate, are troches composed of sodium penicil­ and the number of units of buffered sodium benzoate, citric acid, aluminum lin, calcium penicillin, potassium penicil­ crystalline penicillin in the immediate hydroxide, calcium carbonate, magne­ lin, or procaine penicillin and one or container; the circular or other labeling sium oxide, aluminum dihydroxyamino- more suitable and harmless diluents, within or attached to the package, if it acetate, and sodium salts of fatty acids, binders, and lubricants, with or without is packaged for dispensing, shall bear, in if in quantities sufficient to exert a ethyl aminobenzoate or one or more lieu of the statement prescribed by buffering action. Itvis tableted with or suitable and harmless masticatory sub­ § 146.47 (c) (2) (iii), the statement without the addition of one or more suit­ stances, colorings, and flavorings. The “Sterile suspension may be kept in re­ able and harmless diluents, binders, lu­ potency of each troche is not less than frigerator for one week without signifi­ bricants, colorings, and flavorings. The 500 units; the moisture content is not cant loss of potency.” potency of each tablet is not less than more than 1.0%, except that if flavorings (c) In addition to complying with the 50,000 units and if it is less than 100,000 are omitted and it contains crystalline requirements of § 146.47 (d), a person units it is “unscored”; its moisture con­ penicillin in a base of not less than 50% who requests certification of a batch of tent is not more than 1.0%. The sodium gelatin by weight, its moisture content procaine penicillin and buffered crystal­ penicillin, calcium penicillin, and potas­ is riot more than 2%. The sodium peni­ line penicillin for aqueous injection shall sium penicillin used conforms to the cillin, calcium penicillin, or potassium submit with his request a statement standards prescribed therefor by § 146.24 penicillin used conforms to the require­ showing the batch mark and (unless it (a), except subparagraphs (1), (2), (4), ments of § 146.24 (a) except the limita­ was previously submitted) the results and (7) of §446.24 (a), but its potency tion on penicillin K content and except and the date of the latest tests and assays is not less than 300 units per milligram. subparagraphs (1), (2), (4), and (7) of of the buffered crystalline penicillin used The procaine penicillin used conforms to § 146.24 (a), but the potency is not less in making the batch for potency, crystal­ the requirements of § 146.44 (a), except than 300 units per milligram. The pro­ linity, heat stability, penicillin K content subparagraphs (2) and (3) of § 146.44 caine penicillin used conforms to the re­ (unless it is buffered crystalline penicillin (a). Each other substance, if its name is quirements of § 146.44 (a), except the G) and the penicillin G content if it is recognized in the U. S. P. or N. F., con­ limitation on penicillin K content and buffered crystalline penicillin G, the forms to the standards prescribed there­ except subparagraphs (2) and (3) of number of units of procaine penicillin for by such official compendium. § 146.44 (a). Each other substance used, and the number of units of buffered 4. Section 146.27, subparagraph (1) if its name is recognized in the U. S. P. crystalline penicillin in each immediate (iv) of paragraph 1c) Labeling, is amend­ or N. F., conforms to the standards pre­ container of the batch. He shall also sub­ ed to read: scribed therefor by such official com­ mit in connection with his request a pendium. sample consisting of three packages con­ (iv) The statement “Expiration date 9. Section 146.30, subparagraph (2) taining approximately equal portions of ------,” the blank being filled (ii) of paragraph (d) Requests for cer­ not less than 60 mg. each of the buffered in, if crystalline sodium or potassium tification; samples, is amended to read: crystalline penicillin used in making the penicillin is used, with the date which is batch. If such batch is packaged for 18 months, or if crystalline sodium or po­ (ii) The penicillin used in making the repacking, such person shall submit with tassium penicillin is not used, with the batch; potency, toxicity, moisture, pH, his request a sample containing 10 ap­ date which is 12 months after the month crystallinity if it is crystalline penicillin, proximately equal portions of at least during which the batch was certified. heat stability if it is crystalline sodium 400 mg. each packaged in accordance or potassium penicillin, the penicillin G with the requirements prescribed by 5. Section 146.27, subparagraph (2) content if it is crystalline sodium or po­ § 146.47 (b). (ii) of paragraph (d) Requests for cer­ tassium penicillin G, and the procaine tification; samples, is amended to read: (d) The fee for the services rendered penicillin G content if it is crystalline with respect to each immediate con­ (ii) The penicillin used in making the procaine penicillin G. tainer in the sample of buffered crystal­ batch; potency, toxicity, moisture, pH, 10. Section 146.30, subparagraph (3) line penicillin submitted in accordance penicillin K content (unless it is crystal­ (ii) of paragraph (d) is amended to read: with the requirements prescribed there­ line penicillin G), crystallinity if it is for by this section shall be $4.00. crystalline pencillin, heat stability if it is (ii) The penicillin used in making the crystalline sodium or potassium penicil­ batch; 5 packages, or in the case of crys­ This order, which provides for the use talline penicillin 10 packages, each con­ of procaine penicillin in the manufacture lin, the penicillin G content if it is crys­ of tablets buffered penicillin and peni­ talline sodium or potassium penicillin G, taining approximately equal portions of not less than 60 mg. if it is not procaine cillin troches; and for a new product, and the procaine penicillin G content if procaine penicillin arid buffered crystal­ it is crystalline procaine penicillin G. penicillin, and. not less than 300 mg. if it is procaine penicillin, packaged in ac­ line penicillin for aqueous injection, 6. Section 146.27, subparagraph (3) cordance with the requirements of shall become effective upon publication (ii) of paragraph (d) is amended to read: § 146.24 (b) or § 146.44 (b). in the F ederal R egister, since both the public and the penicillin industry will (ii) The penicillin used in making the 11. Part 146 is amended by adding the benefit by the earliest effective date, and batch; 6 packages, or in the case of crys­ following new section: I so find. talline penicillin 10 packages, each con­ taining approximately equal portions of § 146.50 Procaine penicillin and buf­ Notice and pubic procedure are not not .less than 60 mg. if it is not procaine fered crystalline penicillin for aqueous necessary prerequisites to the promulga­ penicillin, and not less than 300 mg. injection. Procaine penicillin and buf­ tion of this order, and would be contrary if it is procaine penicillin, packaged fered crystalline penicillin for aqueous to public interest, and I so find, since it in accordance with the requirements of Injection conforms to all requirements was drawn in collaboration with inter­ § 146.24 (b) or § 146.44 (b). prescribed by § 146.47 for procaine peni­ ested members of the affected industry, cillin for aqueous injection, and is sub­ and since it would be against public in­ 7. The he'adnote of § 146.30 is amended ject to all procedures prescribed by terest to delay providing for the use of to read: § 146.47 for procaine penicillin for aque­ procaine penicillin in the manufacture § 146.30 Penicillin troches (sodium ous injection, except that: of tablets buffered penicillin and peni­ penicillin troches, calcium penicillin (a) It contains not less than 50,000 cillin trOches and to delay providing for troches, potassium penicillin troches, units of buffered crystalline penicillin a new penicillin product, procaine peni­ procaine penicillin troches, penicillin for each 300,000 units of procaine peni­ cillin and buffered crystalline penicillin troches, sodium salt, penicillin troches cillin. The buffered crystalline peni­ for aqueous injection. calcium salt, penicillin troches potassium cillin conforms to the requirements pre­ (52 Stat. 1040, 1055, as amended; 21 salt, penicillin troches procaine salt). scribed therefor by § 146.37. U. S. C. and Sup. 357) • * ♦ (b) In lieu of the directions prescribed Dated: October 8, 1948. 8. Section 146.30 (a) is amended to for procaine penicillin for aqueous injec­ read: tion by § 146.47 (c) (1) (ii), each pack­ [seal] J. D onald K ingsley, age shall bear on the outside wrapper or Acting Administrator. *■ (a) Standards of identity, strength, container and the immediate container [F. R. Doc. 48-9076; Filed, Oct. 13, 1948; quality, and purity. Penicillin troches the number of units of procaine penicillin 8:50 a. m.] 6018 RULES AND REGULATIONS

TITLE 26— INTERNAL REVENUE should be transmitted to the Commis­ or reconsigned to points on the Southern sioner of Internal Revenue, Washington Pacific Company, the Texas and New Chapter I— Bureau of Internal Rev­ 25, D. C., for the attention of the Chief Orleans Railroad Company, Union enue, Department of the Treasury Counsel. Pacific Railroad Company and The Treasury Decision 5379, approved June Atchison, Topeka and Santa Fe Railway Subchapter E— Administrative Provisions Common 22, 1944 (26 CFR 455.1) is hereby re­ Company, to Various Taxes voked. subject to the carload minimum weight [T. D. 5061] (53 Stat. 467; 26 U. S. C. 3791, 3792) which would have applied if the ship­ P art 455—R ewards for Information Because this Treasury decision relates ment had been loaded in the box car Leading to the D etection and P u n is h ­ only to the Bureau procedure and prac­ ordered. ment of P ersons Violating Internal tice in the offer of rewards, and because (b) Application. The provisions of R evenue Laws * the changes made by this Treasury de­ this section shall apply to shipments cision merely remove limitations on the moving in intrastate commerce as well Section 455.1 is revised to read as fol­ as to those moving in interstate com­ lows: reward offered under existing regula­ tions, it is hereby found that it is un­ merce. § 455.1 Rewards for information. Un­ necessary to issue this Treasury decision (c) Effective date. This section shall der and by virtue of the provisions of with notice of public procedure thereon become effective at 12:01 a. m., October section 3792 of the Internal Revenue under section 4 (a) of the Administra­ 9, 1948. Code, the Commissioner of Internal Rev­ tive Procedure Act, approved June 11, (d) Expiration date. This section enue, with the approval of the Secretary 1946, or subject to the effective date limi­ shall expire at 11:59 p. m., December 31, of the Treasury, does hereby offer for tation of section 4 (c) of said act. 1948, unless otherwise modified, changed, information that shall lead to the de­ suspended, or annulled by order of this tection and punishment of persons guilty G eo. J. S choeneman', Commission. of violating the internal revenue laws, . Commissioner of Internal Revenue. (e) Conflicting service orders sus­ or conniving at the same, such reward Approved: October 8, 1948. pended. The operation of Service Order as the Commissioner of Internal Rev­ No. 68 (8 F. R. 8513) as amended, and all enue, with the approval of the Secretary T homas J. Lynch, other orders of the Commission insofar of the Treasury, shall deem suitable. Acting Secretary of the Treasury. as they conflict with the provisions of Any person furnishing such information [F. R. Doc. 48-9075; Filed, Oct. 13, 1948; this section, or as amended, is suspended. shall be eligible for reward under this 8:50 a. m.] (f) Rules and regulations suspended. Treasury decision unless he was an offi­ The operation of all rules and regulations cer or employee of the Department of the insofar as they conflict with the pro­ Treasury at the time he- came' into pos­ TITLE 49— TRANSPORTATION visions of this section is hereby sus­ session of his information or at the time AND RAILROADS pended. he divulged it. (g) Announcement of suspension. The rewards hereby offered are lim­ Chapter I— Interstate Commerce Each of such railroads, or its agent, shall ited in their aggregate to the sum ap­ Commission publish, file, and post a supplement to propriated therefor and shall be paid each of its tariffs affected hereby, in sub­ only in cases not otherwise provided for [S. O. 828] stantial accordance with the provisions by law. The amount paid as a reward P art 95—Car S ervice of Rule 9 (k) of the Commission’s Tariff under the provisions of this Treasury de­ REFRIGERATOR CARS FOR TRANSPORTING Circular No. 20 (§ 141.9 (k) of this Chap­ cision is determined from the value of * COTTON ter) announcing the suspension of any of the information furnished. Payment of the provisions therein. At a session of the Interstate Com­ rewards will be made as promptly as the It is further ordered, that this order circumstances of the case permit. merce Commission, Division-3, held at its office in Washington, D. C., on the 8th and direction shall be served upon the Information relative to violations of Association of American Railroads, Car the internal revenue laws, furnished by day of October A. D. 1948. It appearing, that there are certain Service Division, as agent of the rail­ persons desiring to claim rewards under roads subscribing to thé car service and the provisions of this Treasury decision, SFRD and PFE refrigerator cars in Cali­ fornia and Arizona not suitable for per diem agreement under the terms of may be submitted in writing to the Com­ that agreement; and that notice of this missioner of Internal Revénue, Washing­ transporting commodities requiring pro­ order be given to the general public by ton 25, D. C., or to the Office of the tective service and that such cars are suitable for transporting other freight; depositing a copy in the office of the Sec­ Intelligence Unit, the Technical Staff, the retary of the Commission at Washing­ Internal Revenue Agent in Charge or the in the opinion of the Commission an emergency exists requiring immediate ton, D. C., and by filing it with the Di­ Collector of Internal Revenue, in the lo­ rector, Division of the Fédéral Register. cality in which the informant resides, or action in California and Arizona: It is . it may be given in person to the Office of ordered, that: (40 Stat. 101, sec. 402, 41 Stat. 476, sec. 4, the Chief of the Intelligence Unit in § 95.828 SFRD-PFE refrigerator cars 54 Stat. 901; 49 U. S. C. 1 (10)—(17) ) Washington, D. C., or to any of the above- for loading cotton, (a) Any common By the Commission, Division 3. mentioned field offices. carrier by railroad subject to the Inter­ If the information is given in person, state Commerce Act, serving points in [ seal] W. P. B artel, either orally or in writing, the name and California or Arizona, may at its option Secretary. official title of the person to whom it is furnish and transport for each box car [F. R. Doc. 48-9071; Filed, Oct. 13, 1948; given should be ascertained, as these ordered. 8:48 a. m.] data, together with the date on which (1) Uncompressed cotton. Not more the information was given, must be in­ . than four (4) refrigerator cars, of SFRD cluded in the formal claim for reward or PFE ownership, not suitable for trans­ TITLE 50— WILDLIFE when filed. porting commodities requiring protective An informant who intends to claim a service, for loading and transporting Chapter I— Fish and Wildlife Service, reward should notify the person to whom carload shipments of uncompressed cot­ Department of the Interior he gives his information of such inten­ ton at origins in California and Arizona, tion, and should file formal claim there­ when such cotton is consigned or recon­ Subchapter C— National Wildlife Refuges; for as soon thereafter as practicable. signed to points for compression; Individual Regulations Claims for reward under the provisions (2) Compressed cotton„ Not more P art 21—P acific R egion N ational hereof shall be made on Form 211, which than two (2) refrigerator cars of SFRD W ildlife R efuges may be obtained from Collectors of In­ or PFE ownership, not suitable for trans­ ternal Revenue or from the Bureau at RAILROAD VALLEY NATIONAL WILDLIFE porting commodities requiring protective REFUGE, NEVADA; HUNTING’ Washington 25, D. C. Such claims for service, for loading and transporting reward should be executed before a no­ carload shipments of compressed cotton Basis and purposes. It has been deter­ tary public or other officer duly author­ originating at points of compression in mined that the public use and the man­ ized by law to administer, oaths, and California and Arizona and consigned agement of the Railroad Valley National Thursday, October 14, 1948 FEDERAL REGISTER 6019 Wildlife Refuge, Nevada, can be facili­ with the provisions of the regulations are unloaded, and broken or properly tated by establishing thereon a public dated December 19, 1940, for the admin­ cased. The carrying or being in posses­ shooting area to be administered by the istration of National Wildlife Refuges sion of rifled firearms or the use of sin­ Nevada Fish and-Game Commission un­ under the jurisdiction of the Fish and gle-ball or slug-load shotgun shells o n . der general regulations of the Secretary Wildlife Service, under the following the Refuge is prohibited. of the Interior. Details relating to reg­ special provisions, conditions, restric­ (c) Permits. Any person who hunts ulation, management, and operation of tions, and requirements, and under such within the Refuge must have on his per­ said public shooting area have been special provisions, conditions, regula­ son and exhibit at the request of any agreed upon by the Director of the Fish tions, and requirements as shall be pre­ authorized Federal or State officer what­ and Wildlife Service and the Director of scribed by the Nevada Fish and Game ever license is required by the State of the Nevada Fish and Game Commission, Commission: Nevada, and, if over sixteen years of age, pursuant to § 12.9 of this chapter, Fish (a) Shooting area. That part of the a properly validated migratory bird and Wildlife Service. Accordingly a Railroad Valley National Wildlife Refuge hunting stamp. The said license and new section is added to Part 21 as follows: lying and being north of the township stamp shall serve as a Federal permit for § 21.753 Railroad Valley National line between townships 7 N. and 8 N., hunting on the Refuge. Wildlife Refuge, Nevada; hunting. Mi­ M. D. B. & M. (Sec. 10, 45 Stat. 1222; 16 U. S. C. 715i; gratory Waterfowl and Coots only may (b) Entry. Entry on and use of the E. O. 6697, May 2, 1934, 3 CFR, Ch. I; be taken within the hereinafter de­ Refuge for any purpose is governed by Reorg. Plan No. II of 1939, 4 F. R. 2731; scribed area of the Railroad Valley Na­ the regulations of the Secretary dated 3 CFR Cum. Supp.; Regs., Fish and Wild- tional Wildlife Refuge, Nevada, in ac­ December 19, 1940 (5 F. R. 5284), as life*Service, Dec. 19, 1940, 5 F. R. 5284, cordance with the Migratory Bird Treaty amended, and strict compliance there­ 10 F. R. 4267) with is required. The carrying or being Dated: October 8, 1948. Act Regulations (50 CFR 1.1-1.12), in possession of firearms within the when, in a manner and to the extent areas of the Refuge not open to public O scar H . J ohnson, permitted by State law or regulations: hunting is prohibited, except that such Acting Director. Provided, That the privileges herein firearms may be possessed or transport­ [F. R. Doc. 48-9068; Filed, Oct. 13, 1948; granted shall be exercised in accordance ed across such closed areas provided they 8:47 a. m.]

PROPOSED RULE MAKING

DEPARTMENT OF THE INTERIOR of the act of August 25, 1916 (39 Stat. Thursday, September 23, 1948, the origi­ 535; 16 U. S. C., 1946 ed., sec. 3), a pub­ nal document has been corrected so that Naticyial Park Service lic hearing for the purpose of receiving the tenth line of paragraph (f ) (3) (iii) the views of interested parties with re­ reads, “or black-eye peas may be firm and [36 CFR, Parts 21, 281 spect to the aforesaid objections and re­ mealy”. Labor S tandards Applicable to E m ­ quests will be held in Room 409, New Custom House, Denver, Colorado, on No­ ployees op N ational P ark S ervice 17 CFR, Part 821] Concessioners vember 30, 1948, commencing at 10 a. m. The hearing will be held by a commit­ S ugar Consum ption R equirements, NOTICE OF HEARING ON OBJECTIONS TO tee of three, consisting of Otto S. Beyer, Quotas, and Quota D eficits for the WAGES AND OVERTIME COMPENSATION Chairman, John B. Bennett, of the Of­ Calendar Y ear 1949 fice of the Secretary, and Harry M. Edel- On July 12, 1948, the regulations in NOTICE OF PROPOSED RULE MAKING Part 28, Chapter I, Title 36, Code of Fed­ stein, Assistant Solicitor. eral Regulations, were amended and on Those desiring to be heard should so . Pursuant to the authority contained July 17,1948, the amendments were pub­ inform the chairman of the committee in the Sugar Act of 1948 (7 U. S. C. Supp. lished in the F ederal R egister (13 F. R. at the Department of the Interior, Wash­ I. 1100), the Secretary of Agriculture is 4101). These amendments were adopted ington 25, D. C., in writing not later preparing to determine the sugar con­ after a hearing held in San Francisco, than November 19, 1948. sumption requirements and to establish California, on September 16 and 17,1947, Written statements may be filed with sugar quotas for the calendar year 1949 notice of which hearing had been pub­ the committee at the time of the hearing (1) for the continental United States lished in the F ederal R egister bn August or by maifing them to the chairman at pursuant to sections 201 and 202 of the 15, 1947 (12 F. R. 5520). The regula­ the Department of the Interior, Wash­ act, and (2) for local consumption in tions were further amended on August 6, ington 25, D. C., not later than Novem­ Hawaii and in Puerto Rico pursuant to 1948, by providing that their effective ber 24, 1948. sections 201 and 203 of the act. The date shall be on and after January 1, C. G irard D avidson, Secretary is also preparing to determine 1949 (F. R., August 11, 1948; 13 F. R. Acting Secretary of the Interior. whether any domestic area, the Republic of the Philippines, or Cuba will be unable 4636). O ctober 8, 1948. Among the amendments adopted on to market the quota for such area in 1949 July 12, 1948, was the following portion [F. R. Doc. 48-9067; Filed, Oct. 13, 1948; and to reallot, pursuant to section 204, of § 28.5 (b): “No less than one and one- 8:47 a. m.] any quota deficit so determined. half times the regular rate of pay at Section 201 of the act providesjihat the which the employee is employed shall Secretary of Agriculture shall determine be paid for all hours worked fn excess of for each calendar year the amount of 40 per week.” sugar heeded to meet the requirements DEPARTMENT OF AGRICULTURE of consumers in the continental United Thereafter, objections to the adoption of Production and Marketing States. In nj&king such determinations, this quoted amendment and requests Administration the Secretary is directed to use as a basis that the words “40 per week” be the amount of sugar distributed for con­ changed to “48 per week” were received 17 CFR, Part 521 sumption during the 12 months ending from the Western Conference National October 31 last and to adjust such Park Concessioners, the Glacier Park Unites S tates S tandards for G rades of amount for any deficiency or surplus in Transport Company, the Rocky Moun­ Canned F ield P eas and Canned Black- Inventories of sugar and for changes in tain Motor Company, the Sequoia and E ye P eas consumption because of the changes in Kings Canyon National Parks Company, NOTICE OF PROPOSED RULE MARINO population and demand conditions. The the Yellowstone Park Company, and the Secretary is also directed to take into Yosemite Park and Curry Company. Correction consideration certain standards with a Notice is hereby given that, pursuant In Federal Register Document 48-8948 view to providing such supply of sugar to the authority contained in section 3 appearing at page 5530 in the issue for as will be consumed at prices which will 6020 PROPOSED RULE MAKING not be excessive to consumers and which the sugar quotas for 1949 for domestic and order heretofore *filed with the will fairly and equitably maintain and and foreign areas, consideration will be undersigned, are as follows: protect the welfare of the domestic sugar given to any data, views, Or arguments Marketing agreement and order pro­ industry. The standards to be taken into pertaining thereto which are presented posed by the Northwestern Cooperative consideration include those enumerated at the hearing or which are submitted Sales Association, Inc., Toledo, Ohio: above and also the level and trend of in writing to the Director, Sugar Branch, S ection 1. Definitions. The following consumer purchasing power and the re­ Production and Marketing Administra­ terms as used herein shall have the fol­ lationship between the prices at whole­ tion, United States Department of Ag­ lowing meanings: sale for refined sugar that would result riculture, Washington 25, D. C. Prior to (a) “Act” means Public Act No. 10, from such determination and the general the issuance of regulations setting forth 73d Congress, as amended and as re­ cost of living in the United States as (1) the sugar consumption requirements enacted and amended by the Agricul­ compared with the relationship between for Hawaii and for Puerto Rico for the tural Marketing Agreement Act of 1937, prices at wholesale for refined sugar and calendar year 1949 and the sugar quotas as amended (7 U. S. C., 1940 ed. 601 et the generai cost of living in the United for 1949 for local consumption in such S6C. States obtaining during 1947 prior to the areas, and (2) the amount by which any (b) “Secretary” means the Secretary termination of price control. domestic area, the Republic of the Phil­ of Agriculture or such other officer or Section 202 of the act provides for ippines, or Cuba will be unable to mar­ employee of the United States author­ fixed quotas for the domestic areas and ket the quota for such area in 1949 and ized to^exercise the powers or to perform for the Republic of the Philippines and the reallotment of such deficits, consid­ the duties of the said Secretary of Agri­ for the apportionment of the balance of eration will be given to any data, views, culture. the consumption requirements to f5reign or arguments pertaining thereto which (c) “U. S. D. A.” means the United countries other than the Republic of the are submitted in writing to the Director, States Department of Agriculture. Philippines in accordance with stated Sugar Branch, Production and Market­ (d) “Person” means an individual, percentages. ing Administration. Written data, partnership, corporation, association, or Section 203 of the act provides that views, or arguments must be submitted any other business unit. the Secretary also shall determine in ac­ in quadruplicate and filed in person or (e) “Lima, Ohio marketing area” cordance with such provisions of Section postmarked not later than November 26, hereinafter called the “marketing area” 201 as he deems applicable, the amount 1948. Such data; views, or arguments means the territory within the corporate of sugar needed to meet the require­ submitted at the hearing will be accept­ limits of Lima, Ohio, and the townships ments of consumers in Hawaii and in ed as a part of the record, but will not of American, Bath, Shawnee, and Perry, Puerto Rico and shall establish quotas be copied into the transcript of the oral all in the County of Allen, State of Ohio. for local consumption in such areas testimony given at the hearing. All such (f) “Delivery period” means the equal to the amounts so determined. data, views, or arguments will be avail­ calendar month, or the portion thereof, Section 204 of the act provides that the able for examination at the office of the during which the provisions hereof are Secretary shall from time to time during Hearing Clerk. effective. the calendar year determine whether- in Issued at Washington, D. C., this 11th (g) “Grade A milk” means milk pro­ view of various factors specified in the day of October 1948. duced by a person holding a dairy farm act, any domestic area, the Republic of inspection permit issued by the Lima the Philippines, or Cuba will be unable [ seal] R alph S. T rigg, Board of Health for the production of to market the quota for such area. Sec­ Administrator. Grade A milk. tion 204 further provides that upon a [F. R. Doc. 48-9090; Filed Oct. 13, 1948; (h) “Fluid milk plant” means a plant finding that any such area will be unable 8:52 a. m.] or other facilities used in the preparation to market its quota, the deficit so de­ or processing of Grade A milk for sale termined shall be reallotted in accord­ or disposition in the marketing area as ance with a stated formula., Class I milk. A public hearing will be held in Wash­ 17 CFR, Ch. IX] (i) “Producer” means any person who ington, D. C., in the Auditorium, South produces milk received (1) at a fluid milk Building, United States Department of [Docket No. AO-197] plant, or (2) at any other plant by diver­ Agriculture, on November 15,. 1948, at andling of ilk in ima hio sion from a fluid milk plant on the ac­ 9:30 a. m. (e. s. t.) for the purpose qf H M L , O , M arketing Area count of a handler or a cooperative asso­ affording interested persons an oppor­ ciation. tunity to present orally any data, views, NOTICE OF HEARING ON PROPOSED MARKETING (j) “Producer-handler”- meâns a per­ or arguments with respect to the deter­ AGREEMENT AND ORDER son who is a handler and who produces mination of sugar consumption require­ Pursuant to the Agricultural Market­ milk, but receives no milk from other ments and the establishment of sugar ing Agreement Act of 1937, as amended producers.* quotas for the continental United States (k) “Non-Grade A milk” means milk for the calendar year 1949. The prin­ (7 U. S. C. 601 et seq.), and in accordance with the applicable rules of practice and "produced under the conditions set forth cipal matters for consideration at the in (i) of this section by one or more pro­ hearing relate to (1) the manner of de­ procedure, as amended (7 CPR, Supps. 900.1 et seq.; 12 P. R. 1159, 4904), notice ducers not holding a Grade A perrftit. termination of deficiencies or surpluses (l) “Producer milk” means milk pro­ in inventories of sugar, (2) the effect is hereby given of a public hearing to be­ upon consumption requirements of vari­ held at the Allen County Memorial Hall, duced by one or more producers under ous changes in demand conditions, (3) corner Elm and Elizabeth Streets, Lima, the conditions set forth in (i) of this the effect of the prospective 1949 level Ohio, beginning at 10:00 a. m., e. s. t., section. and t^end of consumer purchasing power November 15, 1948. (m) “Handler” means (1) any person upon sugar consumption iequirements, This public hearing is for the purpose who operates a fluid milk plant, or (2) (4) the manner in which the relation­ of receiving evidence with respect to a any association of producers with re­ ship between the wholesale refined price proposed marketing agreement and spect to Grade A producer milk diverted of $ugar and the general cost of living order regulating the handling of milk by it from a fluid milk plant to any plant in the United States should be employed in the Lima, Ohio, marketing area, the of a non-handler for the account of such or considered in determining the sugar provisions of which are hereinafter set association. consumption requirements for 1949, and forth, and any modifications thereof. (n) “Other source milk” means all (5) the relative importance of the fore­ The proposed marketing agreement and skim milk and butterfat in any form re­ going factors and the weighting which order have not received the approval of ceived from a source other than a pro­ should be given each in determining -the the Secretary of Agriculture, and at the ducer or handler (who is not a produc­ sugar consumption requirements for hearing evidence will be received relative er-handler), except any non-fluid milk 1949. to all aspects of the marketing conditions product so received which is disposed Prior to the issuance of regulations which are dealt with by the proposed of in the same form. setting forth the sugar consumption re­ marketing agreement and order and any (o) “Cooperative Association” means quirements for the continental United modification thereof. The provisions of any. cooperative marketing association of States for the calendar year 1949 and the proposals for a marketing agreement producers which the Secretary deter- Thursday, October 14, 1948 FEDERAL REGISTER 6021 mines, after application by the associa­ nish such information and reports as of the market administrator, are neces­ tion: (ft To be qualified under the pro­ may be requested by the Secretary; sary to verify reports, or to ascertain the visions of the act of Congress of Febru­ (8) Audit records of all handlers to Correct information with respect to (1) ary 18, 1922, as amended, known as the verify the reports and payments required the receipts and utilization of all skim “Capper-Volstead Act”; (2) to have full pursuant to the provisions hereof; and milk and butterfat received, including authority, in the sale of milk of its mem­ (9) Publicly announce, by posting in all milk products received and disposed bers and to be engaged in making col­ a conspicuous place in his office and by of in the same form; (2) the weights and lective sales or marketing milk or its such other means as he deems appropri­ tests for butterfat and for other contents products for its members; and (3) to ate, the prices determined for each de­ of all milk and milk products handled; have all of its activities under the con­ livery period as follows: and (3) payments to producers and co­ trol of its members. (i) On or before the 5th day after the operative associations. end of such delivery period, the mini­ Sec. 2. Market Administrator—(a) mum class prices and the butterfat dif­ Sec. 4. Classification—(a) Basis of Designation. The agency for the ad­ ferential for each class computed pur­ classification. All (1) producer milk re­ ministration hereof shall be a market ad­ suant to section 5, and ceived by a handler, (2) skim milk and ministrator, selected by the Secretary, (ii) On or before the 12th day after butterfat in any form received by a han­ who shall be entitled to such compensa­ the end of such delivery period, the uni­ dler from" other handlers, and (3) other tion as may be determined by, and shall form price computed pursuant to section source milk received by a handler at a be subject to removal by the Secretary. 6 (b) and the butterfat differential com­ fluid milk plant, shall be classified in the (b) Powers. The market administra­ puted pursuant to section 7 (c). classes set forth in paragraph (b) of this tor shall have the following powers with section. respect to this order: S ec. 3. Reports, records, and facili­ (b) Classes of utilization. Subject to (1) To administer its terms and provi­ ties—Ca) Delivery period reports of re­ the conditions set forth in paragraphs sions; ceipts and utilization. On or before the (c), (d), (e), (f) and (g) of this section, (2) To receive, investigate, and report 5th day after the end of each delivery the classes of utilization shall be : to the Secretary, complaints of viola­ period, each handler, except a producer- (1) Class I milk shall be all skim milk tions; 1 handler, shall report to the market ad­ and butterfat disposed of in fluid form (3) To make rules and regulations to ministrator in the detail and on forms for consumption as (i) milk; skim milk effectuate its terms and provisions; and prescribed by the market administrator and buttermilk, except for livestock feed; (4) To recommend amendments to the the following information with respect flavored milk or flavored milk drinks; Secretary. to all milk received from producers, sweet or sour cream and any cream prod­ (c) Duties. The market administra­ all milk, skim milk, cream, and milk ucts which contains less than the mini­ tor shall perform all duties necessary to products received from other handlers, mum butterfat required for fluid cream administer the terms and provisions nf all other source milk received during and (ii) all skim milk and butterfat not this order, including, but not lipiited to, the delivery period at his fluid milk accounted for as Class II milk. the following: plant(s), and milk diverted pursuant to (2) Class II milk shall be all skim milk (1) Within 30 days following the date section 1 (i) (2) : and butterfat accounted for (i) as used on which he enters upon his duties, exe­ (1) The quantities of butterfat and to produce a product other than those cute and deliver to the Secretary a bond, skim milk contained in such receipts, specified in (1) of this paragraph, (ii) effective as of the date on which he en­ and their sources; as actual plant shrinkage of skim milk ters upon such duties and conditioned (2) The utilization of such receipts; and butterfat received in Grade A milk upon the faithful performance of such and and non-Grade A milk, but not to exceed duties, in an amount and with surety (3) Such other information with re­ 2 percent of such receipts of skim milk thereon satisfactory to the Secretary; spect to such receipts and utilization as and butterfat, respectively, and (iii) as (2) Employ and fix the compensation the market administrator may prescribe. actual plant shrinkage of skim milk and of such persons as may be necessary to (b) Other reports. Each handler shall butterfat in other source milk received: enable him to administer its terms and report to the market administrator, in Provided, That if Grade A milk is uti­ provisions; the detail and on forms prescribed by lized as milk, skim milk, or cream in con­ (3) Obtain a bond in a reasonable the market administrator, as follows, ex­ junction with non-Grade A milk or other cept that each producer-handler shall source milk, the shrinkage allocated to amount and with reasonable surety make reports to the market administra­ thereon covering each employee who tor at such time and in such manner as each shall be computed pro rata accord­ handles funds entrusted to the market the market administrator may request; ing to the proportions of the volume of administrator; (1) On or before the 20th day after the skim milk and butterfat, respectively, re­ (4) Pay, out of the funds provided by end of each delivery period his producer ceived from such sources to the total. section 8: pay roll for the delivery period, which (c) Transfers. (1) Skim milk and (i) The cost of his bond and of the shall show (i) the pounds of milk and the butterfat disposed of by a handler to an­ bonds of his employees; percentages of butterfat contained there­ other handler in the form of milk, skim (ii) His own compensation; and in received from each producer; (ii) the milk or cream, shall be Class I milk, un­ (ill) All other expenses, except those amounts and dates of payments to each less utilization in Class II is mutually in­ incurred under section 9, necessarily in­ producer or cooperative association ; and dicated in writing to the market admin­ curred by him in the maintenance and (iii) the nature and amount of each de­ istrator by both handlers on or before functioning of his office and in the per­ duction or charge involved in the pay­ the 5th day after the end of the delivery formance of his duties; ments referred tain (ii) of this subpara­ period within which such transfer was (5) Keep such books and records as graph. made: Provided, That in no event shall will clearly reflect the transactions pro­ the amount so reported be greater than vided for herein, and upon request by (2) On or before the 5th day after re­ the amount used in such class by the re­ the Secretary,, surrender the same to quest by the market administrator, a ceiving handler. such other person as the Secretary may schedule of rates which are charged and (2) Skim milk and butterfat disposed designate; paid for the transportation of milk from of in the form of milk, cream or skim (6) Publicly announce, unless other­ the farm of each producer to such han­ milk by a handler to a plant other than wise directed by the Secretary, by post­ dler’s fluid milk plant. Any changes a fluid milk plant shall be Class I milk, ing in a conspicuous place in his office made in this schedule of transportation unless (i) in the case of disposition to a and by such other means as he deems rates and the effective dates thereof shall person not a handler use is indicated in appropriate, the name of any person be reported to the market administrator writing to the market administrator by who, within 10 days after the day upon within 5 days of such change. both the handler and receiver on or be­ which he is required to perform such (c) Records and facilities. Each fore the 5th day after the end of thè de­ acts, has not made (i) reports pursuant handler shall maintain, and make avail­ livery period within which such transfer to section 3, or (ii) payments pursuant able to the market administrator during was made, and (if) the receiver main­ to sections 7, 8, 9, or 10; the usual hours of business, such ac­ tains books and records showing the uti­ (7) Submit his books and records to counts and records of all of his opera­ lization of all skim milk and butterfat at examination by the Secretary and fur­ tions and such facilities as, in the opinion his plant which are made available if re- 6022 PROPOSED RULE MAKING quested by the market administrator for Sec. 5. Minimum prices—(a) Basic nearest tenth of a cent) for milk of 3.5 formula price. The basic formula price percent butterfat content received from the verification of such mutually indi­ farmers during the delivery periocf at the cated utilization. per hundredweight of milk to be used in (d) Responsibility of handlers and re­ computing the minimum prices for Class following plants for which prices have classification of milk. (1) All skim milk I milk provided in this section shall be been reported to the market adminis­ and butterfat shall be classified as Class X the average of the basic (or field) prices trator by the U. S. D. A. or by the com­ milk unless the handler who first received ascertained to have been paid per hun­ panies listed below: such skim milk or butterfat proves to the dredweight for milk of 3.5% butterfat Company and Location market administrator that such skim' content received from farmers during Defiance Milk Products Co., Defiance, Ohio. milk or butterfat should be classified the delivery period at the following Pet Milk Co., Coldwater, Ohio. otherwise. plants for which prices are reported to Nestles Milk Products Co., Marysville, Ohio. (2) Any skim milk or butterfat classi­ the market administrator by the U. S. D. A. or by companies listed below: (2) Multiply the price computed in fied in one class shall be reclassified if paragraph (c) (1) of this section by the used or reused by such handler or by an­ ...Company and Location quotient computed in paragraph (b) (2) other handler in another class. Borden Co., Black Creek, Wis. of this section and then divide by 0.035. (e) Computation of skim milk and but­ Borden Co., Greenville, Wis. The resulting amount shall be the Class terfat in each class. For each delivery Borden Co., Mt. Pleasant, Mich. II butterfat price per hundredweight. period the market administrator shall Borden Co., New London, Wis. (3) Subtract from the price computed correct for mathematical and for obvious Borden Co., Orfordville, Wis. in subparagraph (1) of this paragraph errors the delivery period report sub­ Carnation Co., Berlin, Wis. Carnation Co., Jefferson, Wis. the amount computed in subparagraph mitted by each handler and compute the Carnation Co., Chilton, Wis. (2) of this paragraph times 0.035 and di­ total pounds of skim milk and butterfat, Carnation Co., Oconomowoc, Wis. vide the remainder by 0.965. The result­ respectively, in Class I milk and Class II Carnation Co., Richland Center, Wis. ing amount shall be the Class II skim milk for such handler. Carnation Co., Sparta, Mich. milk price per hundredweight. (f) Allocation of butterfat and skim Pet Milk Co., Belleville, Wis. milk classified. The market administra­ Pet Milk Co., Coopersville, Mich. Sec. 6. Determination of uniform tor shall determine the classification of Pet Milk Co., Hudson, Mich. prices—(a) Value of milk. The values butterfat and skim milk received from Pet Milk Co., New Glarus, Wis. of Grade A milk and of non-Grade A Pet Milk Co., Wayland, Mich. milk of each handler for each delivery producers as follows: White House Milk Co., Manitowoc, Wis. (1) Butterfat shall be allocated in the White House Milk Co., West Bend, Wis. period shall be the sums of money com­ following manner: puted separately by the market admin­ (i) Subtract from the total pounds of (b) Class I milk prices. The minimum istrator by multiplying the pounds of butterfat in Class II the total pounds prices per hundredweight to be paid by skim milk and butterfat in each class by of butterfat shrinkage pursuant to sub­ each handler at his fluid milk plant for the applicable class prices and adding divisions (ii) and (iii) of paragraph (b) sKim milk and butterfat received from together the resulting amounts, provided, (2) of this section. producers during the delivery period, that if a handler after the subtraction (ii) Subtract from the pounds of but­ which is classified as Class I milk, shall of other source milk and receipts from terfat remaining in each class the pounds be determined as follows: other, handlers, has disposed of skim milk of butterfat received from other handlers (1) To the basic formula price add the or butetrfat, in excess of the skim milk or and used in such class. following amounts for the delivery pe­ butterfat, which on the basis of his re­ (iii) Subtract from the pounds of but­ riods indicated: ports for the delivery period pursuant to terfat remaining in each class in series April, May, June------$0.90 section 3 (a) has been credited to his beginning with. the Class II utilization, July, August, February, March------1.00 producers as having been received from the pounds of butterfat in other source All others------!• 25 them, there shall be added to the value milk other than butterfat shrinkage in (2) Divide the amount determined to of Grade A milk an amount computed by other source milk subtracted pursuant to be the average wholesale price per pound multiplying the pounds iii each class as subdivision (i) of this subparagraph. of 92 score butter on the Chicago market subtracted pursuant to paragraph (f) (iv) Subtract from the pounds of but­ as reported by the U. S. D. A. for the de­ (1) (v) and (2) of section 4 by the ap­ terfat remaining in each class, in series plicable clasS prices. livery period, times, 1.2, times 3.5, by the (b) Computation of prices. For each beginning with the Class II utilization, sum of this amount plus an amount com­ the pounds of butterfat in non-Grade A puted by averaging the carlot prices per delivery period the market administra­ milk other than butterfat shrinkage in pound of nonfat dry milk solids, roller tor shall compute separately the uni­ non-Grade A milk subtracted pursuant and spray process, f. o. b. Chicago area form prices per hundredweight, on the to subdivision (i) of this subparagraph. plants as reported by the U. S. D. A. dur­ basis of 3.5 percent butterfat content, The pounds of butterfat so subtracted ing the delivery period, deducting 5.5 for Grade A milk and non-Grade A milk shall be the pounds of butterfat iii non- cents and then multiplying by 8.2. received by each handler from producers Grade A milk allocated to each class: (3) Multiply the price computed in as follQws: Provided, That to the pounds of such subparagraph (1) of this paragraph by (1) From the value of Grade A milk butterfat in Class II shall be added the the quotient determined in subparagraph computed for such handler pursuant to pounds of butterfat shrinkage in non- -(2) of this paragraph, and then divide' paragraph (a) of this section, deduct, if Grade A milk subtracted pursuant to by 0.035. The resulting amount shall be the weighted average butterfat test of all subdivision (i) of this subparagraph. the Class I butterfat price per hundred­ Grade A milk received by him is greater (v) Add to the pounds of butterfat re­ weight. / * than 3.5 percent or add, if the weighted maining in Class II the pounds of butter­ (4) From the price determined in sub- average butterfat test of such milk is less fat shrinkage in Grade A milk subtract­ paragraph (1) of this paragraph sub­ than 3.5 percent, an amount computed ed pursuant to subdivision (i) of this sub- tract the amount computed in subpara­ by multiplying the total pounds of but­ paragraph : or if the remaining pounds of graph (3) of this subparagraph times terfat represented by the variance of butterfat in all classes exceed the pounds 0.035, and divide the remainder by 0.965. such weighted average butterfat test of butterfat received in Grade A milk, The resulting amount shall be the Class I from 3.5 percent by the butterfat dif­ subtract such excess from the remaining skim milk price per hundredweight. ferential computed pursuant to section pounds of butterfat in each class in se­ (c) Class II milk prices. The mini­ 7 (c) multiplied by 10; ries beginning with the Class II utiliza­ mum prices per hundredweight to be paid (2) Add or subtract, as the case may tion. The pounds of butterfat remain­ by each handler at his fluid milk plant be, the amount necessary to correct ing shall be the pounds in each class al­ for skim milk and butterfat received errors in classification for previous de­ located to Grade A milk. from producers during the delivery livery periods as disclosed by audit of the (2) Skim milk shall be allocated to period, which is classified as Class II market administrator. each class in a manner similar to that milk, shall be determined as follows: (3) Adjust the resulting amount by (1) Average the basic (or field) prices the sum of money used in adjusting the prescribed for butterfat in subparagraph uniform price to the nearest cent, pur- (1) of this paragraph. per hundredweight (computed to the Thursday, October 14, 1948 FEDERAL REGISTER 6023 suant to (5) of this paragraph for the each handler shall be adjusted, for each or 9, or (2) any producer or cooperative preceding delivery period; one-tenth of one percent of butterfat association from such handler pursuant (4) Divide the result by the total content in the milk of each producer to section 7, the market administrator hundredweight of Grade A milk repre­ above or below 3.5 percent, as the case shall promptly notify such handler of any sented by the value computed pursuant may be, by a butterfat differential (com­ such amount due; and said payment to paragraph (a) of this section; and puted to the nearest half cent) calculat­ thereof shall be made on or before the (5) Adjust the resulting figure to the ed as follows: Multiply by 1.2 the average next date for making payment set forth nearest cent. daily wholesale price per pound of 92 in the provisions under which such error (6) Compute the uniform price per score butter in the Chicago market, as occurred, following the 5th day after such hundredweight for non-Grade A milk reported by the Department of Agricul­ notice. ture during the delivery period, and di­ for each handler in a manner similar to S ec. 11. Application of provisions—(a) that prescribed for Grade A milk in sub- vide the result by 10. Exempt milk. Milk received at a plant paragraphs (1), (2), (3), (4) and (5) of S ec. 8. Expense of administration. As of a handler the handling of which the this paragraph. his prorata share of expense incurred Secretary determines to be subject to the (It is also proposed that consideration pursuant to section 2 (c) (4), each han­ pricing and payment provisions of any be given to alternative provisions which dler shall pay the market administrator, other Federal milk marketing agreement would provide for the payment by each on or before the 15th day after the end or order issued pursuant to the act for handler to all producers or associations of each delivery period, 3 cents per hun­ any fluid milk marketing area shall not of producers delivering milk to each dredweight, or such lesser amount as the be subject to the pricing and payment handler of a uniform market price based Secretary may from time to time pre­ provisions hereof. upon the uses made of all producer milk scribe, with respect to receipts, during (b) Milk caused to be delivered by co­ by all handlers.) such delivery period, of (a) milk from operative associations. Milk referred to (c) Notification. On or before the producers (including such handler’s own herein as received from producers by a 12th day after the end of each delivery production), and (b) other source milk handler shall include milk of producers period, the market administrator shall at a fluid milk plant and classified as caused to be delivered directly from the mail to each handler, at his last known Class I milk. farm to the fluid milk plant of such han­ address, a statement showing: dler by a cooperative association which (1) The amount and value of his S ec. 9. Marketing services—(a) De­ ductions for marketing services. Except is authorized to collect payment for such Grade A milk and non-Grade A milk in milk. . " each class; as set forth in paragraph (b) of this (c) Diverted milk. (1) Producer milk (2) The uniform prices for Grade A section, each handler, in making pay­ diverted by an operator of a fluid milk milk and for non-Grade A milk for such ments to producers pursuant to section plant from such plant to a plant not a handler pursuant to paragraph (b) of 7 (a), with respect to all milk received fluid milk plant shall be deemed to have this section and the butterfat differen­ from eacji producer (except milk of such been received by the fluid milk plant from tials computed pursuant to section 7 (c); handler’s own production) at a plant not which such milk was diverted. and operated by a cooperative association of (2) Producer milk diverted by a co­ (3) The totals of the amounts to be which süch producer is a member, shall operative association from a fluid milk paid by such handler pursuant to sec­ deduct 4 cents per hundredweight, or plant to a plant which is not a fluid milk tions 8 and 9. such lesser amount as the Secretary may from time to time prescribe; and on or plant shall be deemed to have been re­ Sec. 7. Payment for milk—(a) Time before the 15th day after the end of such ceived by such association. and method of final payment. On or be­ delivery period, shall pay such deduc­ (d) Producer-handlers. Sections 4, 5, fore the 15th day after the end of each tions to the market administrator. Such 6, 7, 8, 9 and 10 shall not apply to the delivery period, each handler shall pay milk of a producer-handler. to each producer or to an association of moneys shall be expended by the market administrator to verify weights, samples, S ec. 12. Effective time. The provisions producers, with respect to milk which and tests of milk of such producers and hereof, or of any amendment hereto, shall was caused to be delivered to him by such to provide such producers with market become effective at such time as the Sec­ association either directly or from pro­ information, such services to be per­ retary may declare and shall continue ducers who have authorized such asso­ formed by the market administrator, or in force until suspended or terminated. ciation to collect payment for them, for by an agent engaged by and responsible milk received from each producer or to him. S ec. 13. Suspension or termination— from an association of producers, re­ (b) Cooperative association. In the (a) When suspended or terminated. The spectively, during such delivery period case of producers whose milk is received Secretary shall, whenever he finds that at not less than the uniform price for at a plant not operated by a cooperative this order or any provision thereof, ob­ such handler adjusted by the butterfat association of which such producers are structs or does not tend to effectuate the differential pursuant to paragraph (c) members, and for whom a cooperative declared policy of the act, terminate or of this section, less the amount of pay­ association is actually performing the suspend the operation of this order or ment made pursuant to paragraph (b). services described in paragraph (a) of any such provision 'thereof. of this section. this section, as determined by the market (b) Continuing obligations. If, upon (b) Partial payments. On or before administrator, each handler shall make, the suspension or termination of any or the last day of each delivery period, each in lieu of the deductions specified in all provisions of this order there are any handler shall pay to each producer, or paragraph (a) of this section; such de­ obligations thereunder the final accrual to an association of producers author­ ductions from payments required pursu­ or ascertainment of which requires fur­ ized to receive payment,, at not less than ant to section 7 (a) as may be author­ ther acts by any person (including the the uniforiri price for such handler for ized by the membership agreement or market administrator), such further acts the preceding delivery period, for milk contract between such cooperative asso­ shall be performed notwithstanding such received from such producer or associa­ ciation and such producers, and pay such suspension or termination. tion of producers by such handler dur­ deductions on or before the 15th day (c) Liquidation. Upon the suspension ing the first 15 days of the delivery pe­ after the end of such delivery period to of the provisions hereof, except this sec­ riod: Provided, That in the event any the cooperative association rendering tion, the market administrator, or such producer discontinues shipping to such such services of which such producers other liquidating agent as the Secretary handler during the delivery period, such are members. may designate, shall, if so directed by the partial payments shall not be made and Secretary, liquidate the business of the full payment for all milk received from S ec. 10. Adjustments of accounts—(a) market administrator’s office, dispose of such producer during the delivery period Errors in payments. Whenever audit by all property in his possession or control, shall be made on the 15th day after the the market administrator of any han­ including accounts receivable, and exe­ end of the delivery period pursuant to dler’s reports, books, records, or accounts- cute and deliver all assignments or other paragraph (a) of this section. discloses errors resulting in moneys due instruments necessary or appropriate to (c> Producer "butterfat differential. In (1) the market administrator from such effectuate any such disposition. If a making payments pursuant to paragraph handler, or such handler from the mar­ liquidating agent is so designated all (a) of this section the uniform price for ket administrator pursuant to section 8 assets, books, and records of the mar- No. 201------2 6024 PROPOSED RULE MAKING ket administrator shall be transferred of producers, the name of such pro­ and egg buns; (i) milk and honey bread, promptly to such liquidating agent. If, ducer (s) or association of producers, or and milk and honey rolls or milk and upon such liquidation, the funds on hand if the obligation is payable to the mar­ honey buns; (j) raisin bread, and raisin exceed the amounts required to pay out­ ket administrator, the account for which rolls or raisin buns; (k) whole wheat standing obligations of the office of the it is to be paid. bread, and whole wheat rolls or whole market administrator and to pay neces­ (b) If a handler fails or refuses, with wheat buns; (1) breads, and rolls or buns sary expenses of liquidation and dis­ respect to any obligation6 under this made with mixtures of flour,( whole wheat tribution, such excess shall be distributed order, to make available to the market flour, cracked wheat, crushed wheat. to contributing handlers and producer's administrator or his representatives any Notice of hearing. Notice is hereby in an equitable manner. books or records required by this order given that the Federal Security Admin­ to be made available, the market ad­ istrator in accordance with the provi­ Sec. 14. Agents. The Secretary may, ministrator may, within the two-year sions of the Federal Food, Drug, and by designation in writing, name any period provided for in paragraph (a) of Cosmetic Act (secs. 401, 701, 52 Stat. officer or employee of the United States this section, notify the handler in writing 1046, 1055; 21 U. S. C. 341, 371) will re­ to act as his agent or representative in of such failure -or refusal. If the market open the record in the above matter and connection with any of the provisions administrator so notifies a handler, the hold further hearings commencing at hereof. said two-year period shall not begin to 10:00 o’clock in the morning of Novem­ S ec. 15. Separability of provisions. If run until the first day of the calendar ber 30, 1948, in Room 5140, Federal Se­ any provision hereof, or its application month following the month during which curity Building, Independence Avenue to any person or circumstances, is held such books and records are made avail­ and Fourth Street SW., Washington, invalid, the application of such provi­ able to the market administrator or his D. C., for the purpose of taking addi­ sions, and of the remaining provisions representatives. tional evidence for use in the formula­ hereof, to other persons or circumstances (c) Notwithstanding the provisions of tion of definitions .and standards of shall not be affected thereby. paragraphs (a) and (b) of this section, a identity for bread and rolls or buns; en­ riched bread and enriched rolls or en­ S ec. 16. Liability of handlers. The lia­ handler’s obligation under this order to pay money shall not be terminated with riched buns; milk bread and milk rolls bility of the handlers hereunder is several or milk buns; raisin bread and raisin and not joint, and no handler shall be respect to any transaction involving liable for the default of any other v fraud or willful concealment of a fact, rolls or raisin buns; whole wheat bread; material to the obligation, on the part of graham bread; entire wheat bread; handler. the handler against whom the obligation whole wheat rolls or buns; and breads, Proposed by the Dairy Branch, Pro­ is sought to be imposed. rolls, and buns made with mixtures of duction and Marketing Administration: (d) Any obligation on the part of the flour, whole wheat flour, cracked wheat, S ec. 3 (d). Retention of records. All market administrator to pay a handler crushed wheat. books and records required under this any money which such handler claims to Pursuant to notices published in the order to be made available to the market be due him under the terms of*this order F ederal R egister on June 7, 1941, and administrator shall be retainedand made shall terminate two years after the end March 19, 1943, hearings were duly held available by the handler for a period of of the calendar month during which the at which evidence was taken with respect three years to begin at the end of the milk involved in the claim was received to definitions and standards of identity calendar month to which such books and if an underpayment is claimed, or within for the various breads named in such no­ records pertain: Provided, That if, with­ two years after payment was made by tices. On the basis of evidence received in such three-year period, the market the handler if a refund on such payment at said hearings a proposed order was administrator notifies a handler in writ­ is claimed,n unless such handler, within published in the F ederal R egister on Au­ ing that the retention of such books and said periods of time, files, pursuant to gust 8, 1943 (8 F. R. 10780). Exceptions records is necessary in connection with a section 8c (15) (A) of the act, a petition to the proposed order were duly filed, but proceeding under section 8c (15) of the claiming such money. promulgation of a final order was post­ act or a court action specified in such poned at the request of the War Food Copies of this notice of hearing may Administration, due to emergency con­ notice, the handler shall retain such be procured from the Hearing Clerk, books and records until further written ditions. In view of the time that has Room 1844, United States Department of elapsed it is concluded that the record notification from the market adminis­ Agriculture, South Building, Washing­ trator. should be reopened to take new and rel­ ton 25, D. C., or may be there inspected. evant evidence that may have become Sec. 17. Termination of obligation. Dated: October 11, 1948. available and that should be considered The provisions of this section shall apply together with evidence taken at the pre­ to any obligation under this order for the [seal] J ohn L. T hompson, Assistant Administrator. vious hearings before a revised proposed payment of money irrespective of when order is issued. such obligation arose, except an obliga­ [F. R. Doc. 48-9089; Filed, Oct. 13, 1948; Evidence at the hearing will be limited tion involved in an action instituted be­ 8:52 a. m.] to that which is material and relevant to fore July 1, 1949, finder section 8c (15) the proposed order of August 3,1943, and (A) of the act or before a court. (a) The obligation of any handler to that is not repetitive or unduly cumula­ pay money required to be pai4 under the FEDERAL SECURITY AGENCY tive of evidence at the prior hearings. terms of this order shall, except as pro­ The findings of fact and definitions vided in paragraphs (b) and (c) of this Food and Drug Administration and standards of identity in the proposed section, terminate two years after the order published in the F ederal R egister last day of the calendar month during [21 CFR, Part 171 on August 3, 1943 (8 F. R. 10780), are as which the market administrator receives [Docket No. FDC-31 (b) ] follows: the handler’s report of utilization of the Findings of fact.1 1. The food com­ milk involved in such obligation, unless B read and R elated P roducts monly and usually known as “bread” or “white bread”, and that commonly and within such two-year period the market DEFINITIONS AND STANDARDS OF IDENTITY administrator notifies the handler in usually known as “rolls”, “white rolls”, writing that such money is due and pay­ In the matter of a definition and “buns” or “white buns”, are each pre­ able. Service of such notice shall be standard of identity for each of the fol­ pared by baking a kneaded yeast-leav­ complete upon mailing to the handler’s lowing foods: (a) Bread, and rolls or ened dough made by moistening flour last known address, and it shall contain buns; (b) enriched bread, and~enriched with water (or with certain other liq­ but need not be limited to, the following rolls or enriched buns; (c) milk bread, uid ingredients hereinafter specified, information: and milk rolls or milk buns; (d) cream (1) The amount of the obligation; bread, and cream rolls or cream buns; i The page references to certain relevant (2) The month(s) during which the (e) butter bread, and butter rolls or but­ portions of the record axe for the convenience milk, with respect to which the obliga­ ter buns; (f) egg bread, and egg rolls or of the reader; however, the findings of fact tion exists, was received or handled; and egg buns; (g) honey bread, and honey are not based solely on that portion of the (3) If the obligation is payable to one rolls or honey buns; (h) butter and egg record to which reference is made but on or more producers or to an association bread, and butter and egg rolls or butter consideration of all the evidence of record. Thursday, October 14, 1948 FEDERAL REGISTER 6025 alone or In combination with water), centrated skim milk, evaporated skim does not exceed 3 parts by weight (on a with the addition of salt, and usually milk, sweetened condensed skim milk, dry basis) for each 100 parts by weight with the addition of certain other ingre­ and dried skim milk (including products of flou^. When the baker wishes to pro­ dients, as hereafter set forth. Bread and from which part but not all of the milk duce some minor change in taste or iñ rolls are sometimes prepared from bro- fat has been separated). (R. pp. 73-75, the appearance of the crumb or crust, in­ mated flour or phosphated flour or both, 128-130, 438-440, 449, Ex. A) creased quantities are used. Such baked with or without admixture with plain 7. In order to set bread made with any products are considered by consumers as flour. (R. pp. 30, 49, 57, 59-62, 69, 70, 71, of the dairy ingredients specified in find­ ordinary white bread or rolls unless they Ex. A) \ . ing 6 apart from milk bread, it is rea­ are definitely sweet or have acquired 2. Rolls differ from bread in the size of sonable that such ingredients (together other definite characteristics from such the units baked, and usually in their with any butter and cream used) in ingredients. (R. pp. 327, 359, 791, 1046- shape. A reasonable and satisfactory bread be so limited in quantity or com­ 1047, Ex. D) differentiation is that a loaf of bread position as not to meet the requirements 14. It is impracticable to prescribe a weighs after cooling one-half pound or prescribed in findings 42 to 45, inclusive, maximum limit for saccharine ingredi­ more, whereas a roll after cooling weighs for the quantity and composition of such ents generally in white bread or rolls be­ less than one-half pound. (R, pp. 60-62, ingredients in milk bread. (R. pp. 74, cause of the wide differences in the re­ 69, Ex. A) 129) spective sweetness and other character­ 3. All bread and rolls contain mois­ 8. Buttermilk, concentrated butter­ istics of such ingredients and because ture. Excessive moisture content tends milk, dried buttermilk, sweet cream but­ even where sugar alone is used the evi- to defraud consumers. A reasonable termilk, concentrated sweet cream but­ dehce is hot definite as to the quantity maximum limitation upon the moisture, termilk, and dried sweet cream butter­ above which an article ceases to be or­ which is somewhat in excess of the usual milk, singly or in combination, are dinary bread or becomes “sweet goods”, content, is 38 percent by weight, the sometimes used in making bread or rolls although 16 parts by weight of sugar to solids being not less than 62 percent. A for purposes similar to those stated for each 100 parts by weight of flour ap­ satisfactory and reliable method for de­ the dairy ingredients specified in finding pears to be about the average for sweet termining the total solids contained in 6. (R. pp. 75-76, 128, 1627-1629, 1638- goods. (R. pp. 2744, 2947, 2979, 2983, bread and rolls is the method prescribed 1639) 2990, Ex. D) in “Official and Tentative Methods of 9. Liquid eggs, frozen eggs, dried eggs, 15. Malt sirup, dried malt sirup, malt­ Analysis of the Association of Official egg yolks, frozen yolks, dried yolks, egg ed barley flour, and malted wheat flour, Agricultural Chemists”, Fifth Edition, white, frozen egg white, and dried egg each of which is diastatically active, are 1940, page 229, under “Total Solids in an white, singly or in combinations with frequently used, singly or in combina­ Entire Loaf of Bread—Official”, except each other, are sometimes used in mak­ tions with each other, in making bread that if the baked unit weighs one pound ing bread or rolls for the purpose of im­ or rolls. Generally the use of these sub­ or more one entire unit is used for the proving the nutritional value and impart­ stances is for the purpose of compen­ determination, and if the baked unit ing other desirable characteristics. (R. sating for a deficiency of natural en­ weighs less than one pound such number pp. 76, 130, Ex. A) zymes in the flour used, and when used of entire units as weigh one pound or 10. As the quantity of egg solids or egg for this purpose alone is limited to quan­ more are used for the determination. yolk solids in the dough is increased the tities about 0.25 percent of the weight (R. pp. 64, 68, 85-87, 138-142, Ex. A, characteristics imparted to the baked of the flour. In certain kinds of hearth Ex. 2) product by such solids become more no­ bread, however, quantities of malt sirup 4. Shortening is commonly, but not ticeable. The evidence does not estab­ or dried malt sirup as high as 4 percent, always, added to bread dough. Any food lish the point at which the, quantity of or even higher, are used to improve the fat or food oil, including butter, oleo­ such solids results in products of different crust characteristics, especially the color margarine, and cream, or any mixture identities from white bread and white of crust. (R. pp. 505-509, 517-519, 522- of two or more of these, is suitable for rolls, although the evidence indicates that 523, 527-530) this purpose. For the purpose of fur­ such point lies between 2 parts and 5 16. Consumers normally expect white thering the shortening action of these parts for each 100 parts of flour. (R. bread and rolls to be essentially prod­ fats and oils, soybean lecithin (which pp. 131, 2669-2672) ucts of wheat flour. At various times in with its associated phosphatides is com­ 11. Certain saccharine products are the past, however, when there has been mercially known as "lecithin”) and commonly used in making bread or rolls a scarcity of wheat flour, other similar monoglycerides and diglycerides of fat- to furnish fermentable carbohydrates, to grain products, especially corn flour, forming fatty acids are sometimes used control the color of the crust, and to alter have been extensively used to replace and are suitable for use in such shorten­ the taste, frequently to the extent of part of the flour in making bread and ing. (R. pp. 71-73, 194, 198, 209-213, imparting some sweetness to the finished rolls. Potato mash was sometimes used 228-229, 243-244, 269-270, 295, 307, 327, product. These include sugar, invert to develop a preliminary yeast growth, 464-466, 496-497) sugar (in sirup or congealed form), light- and was incorporated in the dough. So- 5. The quantity of shortening used in colored molasses, light-colored brown called “dusting flour”, often consisting bread dough varies rather widely. Al­ sugar, refiners sirup, dextrose, honey, in whole or in part of products other though the evidence is not sufficiently corn sirup, dried corn sirup, nondiastatic than Wheat flour, has long been in com­ definite to establish a maximum limit for malt sirup, and nondiastatic dried malt mon use to prevent the dough from shortening, the usual quantities are be­ sirup. All of these products, used either sticking to the receptacles or to molding tween 2 to 6 parts by weight for each 100 singly or in combinations with each other, or other machinery; a considerable pro­ parts by weight of flour used, and seldom are satisfactory for the purposes stated. portion of such dusting flour becomes in­ exceed 12 parts except in the cases of (R. pp. 76-77, 131, 712, 714-715, 740-741, corporated in the dough Dextrinized “sweet goods” and “specialty goods”, 781, 785, 788, 795-797, Ex. A) starch is believed by many to have the products so distinctively different from 12. So-called “blackstrap molasses’* property of retaining moisture in bread bread1 and rolls as to be unlikely to be and dark-colored brown sugar, by rea­ after baking. The advisory standards is­ confused by consumers with bread or son of their color and other properties, sued by the Secretary of Agriculture for rolls. Such products usually contain are unsuitable for use in bread or rolls. from 12 to 30 parts of shortening. (R. white bread, beginning with the first Concentrated water extract of raisins such standard in 1923, have all recog­ PP. 368,2543-2544,2549,2594, 2597, Ex. D) and concentrated water extract of prunes 6. Milk and various milk products are nized the propriety of such practices to have been proposed as saccharine in«- the extent of the replacement of not widely used in making bread and rolls, gredients in bread or rolls, but are not and serve to improve their nutritional more than 3 percent of the wheat flour shown to be suitable for this purpose, by some “other edible farinaceous sub­ value and to lend other desirable char­ especially because of their color and stance”. (R. pp. 27, 30, 34, 77-78, 111- acteristics. In addition to fluid milk taste. (R. pp. 670-672, 691, 743-744, 112, 1762-1764) there have been used for these purposes, 754-755, 1759-1761) 17. Products which have been used and singly or in combination, concentrated 13. If carbohydrates are desired only are suitable for one or more of the pur­ milk, evaporated milk, sweetened con­ for yeast fermentation, the quantity of poses stated in finding 16 are corn flour densed milk, dried milk, skim milk, con­ saccharine substances added generally (or finely ground corn meal), potato 6026 PROPOSED RULE MAKING flour, rice flour, cornstarch, potato in flour. The testimony as to these bene­ It is not necessary to use any of these starch, sweet potato starch, and wheat fits from the use of small amounts of _ oxidizing agents or any combination of starch. Sometimes these products are wheat germ in white bread (IV2 to 2 them (including the potassium bromate wholly or in part dextrinized. Dextrin- parts by weight of processed wheat germ contained in any bromated flour used) ized wheat flour is also suitable for such per 100 parts by weight of flour) is not in a quantity greater than 0.0075 part by use. (R. PP. 77-78,105,111-115,132-133, convincing. weight for each 100 parts by weight of 567-568, Exs. M and O) On the other hand, there was evidence flour used. (R. pp. 78-81, 135-136, 840- 18. Use in making white bread or rolls establishing that the use of processed 841, 895-900, 933-935, 990-994) of any one or more of the products speci­ wheat germ in white bread has led to 27. A product described as “grain in­ fied in finding 17, in a total quantity not labeling and advertising claims based on fusion” was proposed for use as «a yeast greater than 3 parts by weight for each its vitamin and mineral content, such as. food and bread improver. It is a mix­ 100 parts by weight of wheat flour used, would likely confuse consumers with re­ ture of concentrated corn steepwater, does not run counter to the normal ex­ spect to identity and relative nutritive neutralized with calcium carbonate, and pectation of present-day consumers. (R. properties of bread and enriched bread. dextrinized cornstarch with added am­ pp. 34, 49, 78, 133, Ex. A) (Cf. findings 36, 37, 38, and 44 on en­ monium chloride, salt, and potassium 19. Products referred td as “soybean riched flour, 6 P. R. 2576-7) (R. pp. 116- bromate. The concentrated steepwater, flour,” “peanut flour,” and “cottonseed 118, 559-572, 576-577, 579-580, 584-585, a byproduct of the starch industry now flour” were proposed for use, in quanti­ 589-591, 593-605, 1765-1767, 3292-3293, generally used for cattle feed, is made by ties up to 3 parts per 100 parts of flour, as 3298, 3367-3368, Ex. ZZ) concentrating the liquid obtained by optional ingredients in bread and rolls. 23. Ground dehulled soybeans, with or steeping corn in water containing 0.15 These products were claimed to serve the without heat treatment and with or with­ percent of sulfur dioxide. The so-called same purposes as the products specified out removal of oil, but which retain their “grain infusion” as sold to the' baker in finding 17, and to contribute substanr enzymatic activity, exert a bleaching ac­ contains approximately 0.002 percent .of tial nutritive values. (The proposal of tion upon flour in bread dough. The use sulfur dioxide, which is oxidized during “cottonseed flour” as an ingredient in of these products in dough permits the fermentation and baking. The evidence production of light-colored bread or rolls does not establish that this so-called white bread and rolls was subsequently “grain infusion” is suitable for use in withdrawn.) The evidence does not from unbleached or slightly bleached bread or that it improves the quality of show that any of these products (except flour. For this purpose it is not neces­ bread otherwise than through the action the soybean product referred to in find­ sary to use these products in a quantity of the calcium and ammonium salts and ing 23) has been used to any material ex­ greater than 0.5 part by weight to each the potassium bromate contained in it. tent in making bread or rolls. These 100 parts by weight of flour used. (R. pp. 946-981, 1776, 2146-2175, 4106- products contain far more protein and Ground dehulled soybeans have been 4112, 4129-4130, 4134) less starch than wheat flour, differ widely used for this purpose in substantial S&. Amino acids, especially cystine, from the products specified in finding 17, amounts for more than 10 years. (R. pp. were proposed for use as oxidizing agents. and do not perform the same functions. 111-113, 165-166, 539-540, 545, 552-555, The evidence does not establish the suit­ (R. pp. 538, 540, 613-630, 640, 1765, 1772, 3926-3933) ability of such acftds for use in bread or 3897-3908, 3910) 24. In making bread and rolls it has rolls. (R. pp. 1773-1775 Ex. W) 20. Rolled oats, ground oatmeal, and become a widespread practice to add to 29. Spice is sometimes added to bread oat flour were proposed as optional in­ the dough small quantities of certain or rolls, usually on the surface but occa­ gredients for inclusion with the products mineral salts, commonly known by such sionally by incorporation in the dough. specified in finding 17, on the ground designations as “yeast foods”, “dough Spice oil and spice extracts have been that such oat products are economical conditioners”, “bread improvers^. Cal­ used to a slight extent. Such additions and nutritious foods and furnish a dis­ cium and ammonium salts are used to materially affect the flavor of the bread tinctive and desirable flavor. The evi­ stimulate the growth of yeast during fer­ or rolls. Consumers do not ordinarily dence does not establish that any of mentation. Other salts, which act as expect such additions unless announced these products has been used in making oxidizing agents, are used to regulate the by appropriate label statement. Such white bread or rolls, or their suitability process of fermentation though the evi­ statements which are accurate and in­ for such use. * (R. pp. 1768-1769, Ex. P) dence establishes no satisfactory scien­ formative are “Spiced”, “Spice Added”, 21. The evidence does not establish tific explanation of the mechanism of “With Added Spice”, or such statements that the use of the products listed in their action.* The evidence indicates that in which the common or usual name of findings 19 and 20 results in any sig­ the addition of so-called dough condi­ the spice is substituted for the word nificant improvement when the quanti­ tioners tends to lessen the variability in “spice”. (R. pp. 84, 1817-1820) ties used are not more than 3 parts to the qualities of the dough resulting from 30. Bread is subject to deterioration each 100 parts of flour; it does indicate differences in characteristics of the flour and spoilage. The most common form that the inclusion of such products in used, differences in water supply, and of deterioration is staling. Old bread or white bread would run counter to the other factors, and thereby to facilitate stale bread is almost universally regard­ normal expectation of consumers.' The the handling of the dough in mechanized ed as less desirable than fresh bread. evidence furnishes no basis for a deter­ bakeries. (R. pp. 78-82, 133-135, 838- Staling in bread may be retarded by va­ mination as to what quantities of such 858, 875-876, 892-900, 904-905, 995-999, rious devices. The length of time for products should be used with flour to 1014, 1034-1035, 1065, 1071-1074, 1080) produce such differences from white staleness to develop varies, depending on 25. Calcium salts used for the purpose several factors, but it is the common bread as would result in different identi­ described in finding 24 are monocalcium practice of many bakers to withdraw ties recognizable as such by consumers. phosphate, dicalcium phosphate, cal­ bread from sale two days after baking. (R. pp. 624-627, 633-643, 1769-1772, cium sulfate, and calcium lactate. Am­ Some bakers make a price concession on 3914-3915, 3937-3938, 3942-3945) monium salts used for this purpose are bread over one day old. (R. pp. 435, 22. Wheat germ processed in various mono-ammonium phosphate, di-ammo­ ways to modify its enzymatic activity and 1162, 1407-1408, 1438-1440, 236&> Exs. nium phosphate, ammonium sulfate, PP, GG) to prevent rancidity has been used as an ammonium chloride, ammonium carbo­ ingredient in some white bread. The pro­ nate and ammonium lactate. It is not 31. In addition to staling, bread is cessing may consist of heating it, treat­ necessary to use any of these salts or any Subject to spoilage from the growth of ing it with potassium bromate, removing combination of them in a quantity mold, If the surface of bread is moist, part of the wheat germ oil, and possibly greater than 0.25 part by weight for each it is a good medium for the growth of of treating it in other ways suggested 100 parts by weight of flour used. (R. mold spores. The temperature of bak­ but not described in the record. Such ing effectively destroys any mold spores pp. 78-81, 104, 133-135, 831, 838-840, 870, in the dough, but such spores may be processed wheat germ was proposed as an 883-884, 887-888, 990, 992-993) optional ingredient for the purpose of present in the bakery and bread not imparting flavor and improving other 26. Oxidizing agents used for the pur­ suitably protected during and after characteristics of white bread. No pro­ poses described in finding 24 are potas­ cooling may become contaminated with posal was advanced for recognition of sium bromate, potassium iodate, calcium such spores. When bread is sliced and use of unprocessed wheat germ such as peroxide, ammonium persulfate, potas­ wrapped, as is the common practice that naturally present‘in small amounts sium persulfate, and sodium chlorite. among large bakeries, the moisture re- Thursday, October 14, 1948 FEDERAL REGISTER 6027 maining in the bread is held inside the able number of spores enter the dough cated in finding 37 exceeds the amount wrapper, keeping the surface of bread and "where the bread is held for some Used as a yeast food (for which purpose moist and so creating a favorable envi­ time after baking at a high temperature the maximum amount used is 0.25 part ronment for the growth of mold spores under conditions whereby the moisture for each 100 parts by weight of flour which may have accumulated on the sur­ in the bread is retained. Where such a used) but does not exceed 0.75 part for face of the loaf or of the slices prior to combination of circumstances occurs, each 100 parts by weight of flour. *(R. wrapping. Unwrapped bread from large losses may occur from such spoil­ pp. 1322-1323, 1413, 1486, 1649, 1680, which moisture can evaporate readily is age. (R. pp. 1165-1167, 1169, 1353-1354, 1687, 3964, 3969, 3976, 3977, Ex. X) less likely to become moldy. Mold devel­ 1495, 2190, 3813, 3819, 3824, Exs. HH, II) 39. The evidence shows that a sub­ opment on bread is most rapid in warm 36. A considerable number of bakers stantial proportion of the bakers do not weather, especially when the humidity take no steps for the protection of bread consider that they have a mold or rope is high. 12 parts milk fat from butter...... Do. ing 12). Such an extract is suitable for Butter buns...... use in raisin bread but such raisin Ex­ Egg bread...... tractives as ate incorporated in this man­ . Egg ro lls...... >5 parts of egg solids------— 2 parts of egg solids. Egg b u n s...... ------ner do not take the place of raisins used Butter and egg bread— 112 parts milk fat from butter, 5 parts J4 parts milk fat, 2 parts egg solids. in making the raisin bread. Raisin Butter and egg rolls... I egg solids. Butter and egg buns... bread and raisin rolls are sometimes pre­ Honey bread...... pared with an “icing” or “frosting”. (R. Honey rolls— „ . . — jl6 parts honey solids...... — 4 parts.1. Honey buns...... pp. 3080, 3125) Milk and honey bread. [Milk content same as for milk bread, \M ilk content same as for milk bread, 55. The method of determining total Milk and honey rolls.. f 16 parts honey solids. 1 4 parts honey solids. solids as described in finding 3 must be Milk and honey buns. modified slightly to be applicable to 1 3 parts of honey solids was recommended by a witness introduced by the American Bakers Association (R.pp. raisin bread and raisin rolls in order to insure the proper mixing of raisins in the 2868, 2870). sample. This can be accomplished by (R pp. 1849-1854, 2423-2425, 2427-2428, 50. The evidence does not establish passing the sample twice through a food 2476-2479, 2552-2555, 2568, 2623-2625, that products containing these ingredi­ chopper and then taking a portion for 2638, 2644-2645, 2673, 2703, 2713, 2717, ents in the quantities proposed by the solids determination without attempting 2739-2746, 2755-2757, 2759-2760, 2795- American Bakers Association' (see find­ to pass the ground sample through a 20- 2796 2820, 2837-2838, 2846. 2933, 2965, ing 48) are distinguishable by the ordi­ mesh sieve. (R. pp. 3086-3087, Ex. 2) 3046-3047, 3049-3051, 3061. 3068) nary consumer from the product com­ 56. The foods commonly and usually 49. There have been sold at times un­ monly known as “bread” or “white known as “whole-wheat bread”, “graham der the names of the products listed in bread”. It is not shown that benefit to bread”, “entire white bread”, and “whole finding 48, or under similar names, consumers would result from the pro­ wheat rolls”, “graham rolls”, .“entire breads containing little or none of the mulgation of definitions and standards wheat rolls”, or “whole wheat buns”, ingredients for which the breads have of identity for these products as proposed “graham buns”, “entire wheat buns”, been named. This practice has not been by the American Bakers Association. (R. differ from white bread and white rolls widespread. The amount of such bread pp. 2495, 2552-2553, 2555, 2569, 2621-2624, only in that the dough is made with is small in comparison with the total 2632, 2641, 2672, 2742-2743, 2795-2797, whole wheart flour or bromated whole amount of bread sold but this practice 2807, 2820, 3036-3037, 3039, 3046, 3049, wheat flour, and no flour, bromated flour, has tended to mislead the consumer, giv­ 3051) or phosphated flour is used therein. ing the impression that these ingredients 51. There is not shown to be, or to be likely to develop, a demand on the part Findings 2 to 6 and 8 to 40, inclusive, are are used in such substantial amounts as applicable to whole wheat bread and to characterize the breads. (R. pp. 1851, of consumers for bread or rolls contain­ ing the quantities of these ingredients whole wheat rolls, except that the maxi­ 1854, 2339-2340, 2476, 2478, 2497-2498, mum limit for propionates (see finding 2617-2620, 2625. 2627, 2631, 2640, 2740- in the published proposals which were 2742,’ 2788, 2910-2911, 3044-3046, 3058- supported by the Pood and Drug Admin­ 38) is 0.38 part by weight to each 100 3060, Ex. in ) istration (see finding 48). The evidence parts by weight of whole wheat flour Thursday, October 14, 1948 FEDERAL REGISTER 6029 used. Finding 7 is inapplicable to whole (a) Enriched flour or enriched bro­ 3782, 3786-3800; Supp. R. pp. 287, 362- wheat bread and whole wheat rolls. (R. mated flour is used, in whole or in part. 364, 645, 648, 649, 844-854) pp. 34-35, 1323, 1413, 3126-3135, 3160- (b) The substances used for enriching 63. In baking enriched bread and en­ 3161, Exs. 2 and A) flour (including wheat germ or partly riched rolls losses of thiamine are appre­ 57. Several different kinds of bread defatted wheat germ in a quantity not ciable. However, if flour enriched to the and rolls are prepared which differ from more than 5 parts by weight to each 100 minimum of 2 mg. of thiamine per pound white bread and white rolls only in that parts of flour, bromated flour, and pho§- is used there is sufficient contribution of the dough is made by using various mix­ phated flour used) are added in making thiamine from the yeast and other ingre­ tures of two or more of the wheat in­ the dough, under the conditions permit­ dients customarily added that in com­ gredients flour (including bromated flour ted by § 15.010, as amended, for the ad­ mon commercial practice the finished and phosphated flour), whole wheat dition of such substances in preparing products contain not less than 1.1 mg. of flour, cracked wheat, crushed wheat. enriched flour. thiamine per pound. If flour enriched In order to obtain in finished bread (c) Ingredients of bread which con­ to the maximum of 2.5 mg. per pound is and rolls of these kinds the definite tain such vitamins or minerals (e. g., used, the thiamine content of the finished characteristics of each of the wheat yeast, dried skim milk, monocalcium products, after due allowances are made ingredients used, it is necessary that the phosphate) are used within the limits, if for contributions from such ingredients quantity of each such ingredient be not any, for such use in bread. (R. p. 3241; and for baking losses, will not exceed 1.8 less than 20 percent by weight of the Supp. R. PP. 375, 843, 893, 900, 958, 961) mg. per pound. (R. pp. 3242-3251, 3466- mixture of wheat ingredients used. 61. It would not be reasonable to sub­ 3472, 3474-3488, 3770-3782; Supp. R. pp. Findings 2 to 6 and 8 to 40, inclusive, ject enriched bread or enriched rolls to 363-368, 372, 647, 844-854) are applicable to bread and rolls of these any requirement for or limitation on en­ 64. Yeast and milk or its products used kinds, except that the maximum limit richment that cannot be met in ordinary in making enriched bread and rolls may for propionates (see finding 38) is 0.38 commercial practice by the use of any contribute as much as 0.48 mg. of ribo­ part by weight to each 100 parts by enriched flour which conforms to the flavin per pound of bread or rolls. When weight of the mixture of wheat ingredi­ definition and standard of identity these are used with enriched flour con­ ents. Finding 7 is inapplicable to bread prescribed in § 15.010, as amended. (R. taining 1.5 mg. riboflavin per pound the and rolls of these kinds. (R. pp. 38,1323, p. 3320) riboflavin content of the enriched bread 1413, 3135-3158, 3160-3161, Exs. 5, 6, 7) 62. The flour content of enriched or enriched rolls may aproach 1.6 mg. per 58. Bread and rolls of these kinds are bread and enriched rolls varies from a pound. When milk and its products are ordinarily labeled with the word “bread” minimum of about 60 percent to a maxi­ not used and the enriched flour contains and “rolls”, preceded by the name of one mum of about 75 percent, depending the minimum 1.2 mg. riboflavin per pound of the wheat ingredients (for example, upon such factors as the quantity of in­ the riboflavin content of the enriched “cracked wheat bread”) . Consumers are gredients other than flour used and the bread or enriched rolls may fall to nearly confused as to the composition of such moisture content of the finished prod­ 0.7 mg. per pound. (Supp. R. pp. 844, products by the failure to disclose in the ucts. In baking such products there ik 848) name other wheat ingredients present some loss of vitamins, mostly through 65. Dried skim milk, so-called “bread in characterizing quantities. Names for destruction in the crust. Such losses of improvers”, rope inhibitors, and other them which are accurate and informa­ niacin, riboflavin, and vitamin D are optional ingredients used in making tive are the words “bread” and “rolls” negligible, and in the cases' of niacin and bread and rolls may contribute nearly or “buns”, as the case may be, preceded riboflavin are compensated by some con­ 300 mg. of calcium per pound of bread by words which show the wheat ingredi­ tribution of these vitamins by yeast and or rolls. When these are used with en­ ents used in the order of their predomi­ other ingredients commonly used. Ex­ riched flour containing 625 mg. calcium nance, if any, by weight in the mixture, cept as noted for thiamine, riboflavin, per pound the calcium content of the as for example, “white and whdle wheat and calcium in findings 63, 64, and 65, enriched bread or enriched rolls may ap­ bread”. (R. pp. 3135-3158, Exs. 5,6,7) minima for the vitamins and minerals in proach 800 mg. per pound, particularly 59. “Enriched bread” and “enriched enriched bread and enriched rolls of 60 if water used in making the dough is high rolls” or “enriched buns” are the com­ percent of the minima prescribed for en­ in calcium. When these are not used and mon and usual names of baked products riched flour, and maxima of 75 percent of the enriched flour contains the minimum identical with bread and rolls, respec­ the maxima for enriched flour, are, when of 500 mg. calcium per pound the calcium tively, except that they contain added rounded off to the nearest significant content of the enriched bread or enriched nutrients and are not subject to the decimal point, reasonable limitations rolls may fall to about 300 mg. per pound. limitations indicated in finding 7. The when enriched flour is used to make en­ (Supp. R. pp. 849, 858) reasons for enriching flour and for riched bread and enriched rolls. On this 66. The following are reasonable limits regulating such enrichment are applica­ basis each pound of enriched bread or for the specified vitamins and minerals ble to enriched bread and enriched rolls; enriched rolls contains not less than 10 in enriched bread and enriched rolls or such reasons are set forth in findings 33 mg. nor more than 15 mg. of niacin; not • enriched buns: to 41, inclusive, of the order prescribing less than 8 mg. nor more than 12.5 mg. a definition and standard of identity for of iron; and when the optional ingre­ Minimum Maximum enriched flour (6 F. R. 2574-2582), as dient yitamin D is used, not less than 150 modified and supplemented by findings 1 U. S. P. units nor more than 750 U. S. P. Required ingre­ to 11, inclusive, of the order amending units of such vitamin. It would not be dients: reasonable to prescribe minima and Thiamine...... 1.1 mg. per lb .... 1.8 mg. per lb. that definition and standard of identity Niacin______10.0 mg.per lb .:. 15.0 mg. per lb. (8 F. R. 9115-9116). The basis for re­ maxima for vitamins and minerals, when Riboflavin...... 0.7 mg, per: lb___ 1.6 mg. per lb. they are added in making the dough, Iron...... 8.0 mg. per lb .... 12.5 mg. per lb. quiring or permitting the particular en­ Optional ingre­ riching ingredients and the particular different from the minima and maxima dients: - prescribed when enriched flour is used. 300 mg. per lb .... 800 mg. per lb. quantities thereof specified in such find­ Vitamin D ..... 150 U. S. P. units 750 U, S. P. units ings is also applicable to enriched bread An unnecessarily wide spread between per lb. per lb; and enriched rolls. Findings 2 to 6, 8 to m in im a , and maxima would likely lead to 21, and 23 to 40, inclusive, are applicable competitive increases between manufac­ to enriched bread and enriched rolls. turers, accompanied by such advertis­ (Supp. R. pp. 153, 157, 159, 160-162, 221, (R. pp. 3241-3255'. ing claims as would confuse consumers 278-280, 312-313, 386-388, 773-774, 797- 60. The quantities of vitamins and as to their nutritional needs and the 798, 843-848, 888) minerals in enriched bread and enriched value of enriched bread in supplying Conclusions. On the basis of the fore­ rolls are those which result from the use those needs. Consumer understanding going findings of fact it is concluded of enriched flour or enriched" bromated of the value of enriched bread will be that: flour in lieu of flour, bromated flour, or promoted by requiring its composition to (a) The evidence does not establish a phosphated flour. These quantities may be as nearly uniform as practicable as to basis for definitions and standards of be contributed by any of the following both quantities and kinds of nutritional identity, which would be reasonable and methods, or by any two or more of them factors present. (R. pp. 3241-3252, 3306, would promote honesty and fair dealing in combination: 3466-3472, 3474-3488, 3692-3696, 3770- in the interest of,consumers, for: 6030 PROPOSED RULE MAKING

Cream bread and cream rolls or cream tives calcium propionate, sodium propio­ starch, sweet potato starch, any of which buns. nate, sodium diacetate, monocalcium may be wholly or in part dextrinized, Butter bread and butter rolls or butter buns. phosphate, and vinegar. However, sec­ dextrinized wheat flour, or any combina­ Egg bread and egg rolls or egg buns. tion 403 (k) of the Act requires a state­ tion of two or more of these; but the Butter and egg bread and butter and egg ment in the labeling of bread and rolls total weight thereof is not more than 3 rolls or butter and egg buns. in which calcium propionate, sodium parts for each 100 parts by weight of Honey bread and honey rolls or honey buns. propionate, sodium diacetate, or mono­ flour used. Milk and honey bread and milk and honey calcium phosphate is used, disclosing the (8) Ground dehulled soybeans, which rolls or milk and honey buns. fact that such chemical preservative is may be heat treated, from which oil may (b) It would not promote honesty and present. An informative and accurate he removed, but which retain enzymatic fair dealing in the interest of consumers statement of that fact is “______added activity; but the weight thereof is not to prescribe definitions and standards of to retard spoilage”, the blank being filled more than 0.5 part for each 100 parts by identity for white bread and white rolls in with the name whereby the chemical weight of flour used. permitting the use as optional ingredi­ preservative used is above designated. (9) Calcium sulfate, calcium lactate, ents of soybean flour (except the soybean (i) Each of the following regulations mono-ammonium phosphate, diammoni­ product referred to in finding 23 and fixing and establishing definitions and um phosphate, ammonium sulfate, am­ within the limit set forth in such find­ standards of identity for various kinds monium chloride, ammonium carbonate, ing), peanut flour, cottonseed flour, of bread and rolls or buns will promote ammonium lactate, monocalcium phos­ rolled oats, ground oatmeal, or oat flour honesty and fair dealing in the interest phate, dicalcium phosphate, or any com­ in quantities insufficient to differentiate of consumers, and such regulations are bination of two or more of these; but the the baked products from bread and rolls. hereby promulgated: total weight thereof (not including the The evidence does not establish a basis § 17.5 Bread and rolls or buns—iden­ monocalcium phosphate in any phos­ for a determination as to what provisions tity; label statement of optional ingre­ phated flour used) is not more than 0.25 should be included in definitions and dients. (a) Each of the foods bread, and part for each 100 parts by weight of standards of identity, which will promote rolls or buns, is prepared by baking a flour used. honesty and fair dealing in the interest kneaded yeast-leavened dough made by (10) Potassium bromate, potassium of consumers, for baked products con­ moistening flour with water, or with one iodate, calcium peroxide, ammonium taining such ingredients in quantities or more of the liquid optional ingredients persulfate, potassium persulfate, sodium sufficient to differentiate such products hereinafter specified, or with any mixture chlorite, or any combination of two or from white bread and white rolls. of water and one or more of such ingre­ more of these; but the total weight (c) It would not promote honesty and dients. (The term “flour”, unqualified, thereof (including the potassium bro­ fair dealing in tjie interest of consumers. as used in this section includes flour, mate in any bromated flour used) is- not to prescribe a definition and standard of bromated flour, and phosphated flour. more than 0.0075 part for each 100 parts identity for any kind of bread or rolls, The potassium bromate in any bromated by weight of flour used. except enriched bread and enriched rolls, flour used and the monocalcium phos­ (11) (i) Monocalcium phosphate, but providing for the use of processed wheat phate in any phosphated flour used shall the total quantity thereof, including the germ. be deemed to be optional ingredients in quantity in any phosphated flour used (d) It would not promote honesty and the bread or rolls.) Each of such foods is and any quantity added as permitted by fair dealing in the interest of consumers seasoned with salt, and in its preparation subparagraph (9) of this paragraph, is to prescribe a definition and standard of one or more of the optional ingredients not less than 0.25 part and riot more identity for any kind of bread or rolls, prescribed by the following subpara­ than 0.75 part by weight to each 100 except raisin bread and raisin rolls, pro­ graphs (1) to (12), of this paragraph, parts by weight of flour used; or (ii) a viding for the use of concentrated water may be used: vinegar, in a quantity equivalent in acid extract of raisins or raisin sirup. (1) Shortening. strength to not more than 1 pint of 100- (e) It would not promote honesty and (2) Milk, concentrated milk, evapo­ grain distilled vinegar for each 100 fair dealing in the interest of consumers rated milk, sweetened condensed milk, pounds of flour used; or (iii) calcium to prescribe a definition and standard of dried milk; skim milk, concentrated skim propionate, sodium propionate, or any identity for any kind of bread or rolls milk, evaporated skim milk, sweetened mixture of these, but the total weight providing for the use of blackstrap mo­ condensed skim milk, dried skim milk, or thereof is not more than 0.32 part for lasses, dark-colored browp sugar, or con­ any combination of two or more of these; each 100 parts by weight of flour used; centrated water extract of prunes. except that any such ingredient or com­ or (iv) sodium diacetate, but the weight (f) The evidence does not establish a bination (together with any butter and thereof is not more than 0.4 part for each basis for a determination that it would cream used) is so limited in quantity or 100 parts by weight of flour used. promote honesty and fair dealing in the composition as not to meet the require­ (12) Spice (including spice oil and interest of consumers to prescribe a defi­ ments for milk or dairy ingredients pre­ spice extract). Each of such foods con­ nition and standard of identity for any scribed for milk bread by § 17.7. tains not less than 62 percent of total kind of bread or rolls providing for the (3) Buttermilk, concentrated butter­ solids as determined by the method pre­ use of amino acids or of so-called “grain milk, dried buttermilk, sweet cream scribed in “Official and Tentative Meth­ infusion”, or a definition and standard of buttermilk, concentrated sweet cream ods of Analysis of the Associatiori of Offi­ identity for raisin bread or raisin rolls buttermilk, dried sweet cream buttermilk, cial Agricultural Chemists”, Fifth Edi­ providing for the use of raisins in any or any combination of two or more of tion, 1940, page 229, under “Total Solids quantity less than 50 parts by weight to these. in an Entire Loaf of Bread—Official”, each 100 parts by weight of any kind of (4) Liquid eggs, .frozen eggs, dried except that if the baked unit weighs 1 flour ingredient used. eggs, egg yolks, frozen yolks, dried yolks, pound or more 1 entire unit is used for (g) It would not promote honesty and egg white, frozen egg white, dried egg the determination, and if the baked unit fair dealing in the interest of consumers white, or any combination of two or more weighs less than 1 pound, such number to prescribe a definition and standard of of these. of entire units as weigh 1 pound or more identity for any kind of bread or rolls (5) Sugar, invert sugar (in congealed are used for the determination. made from two or more of the wheat or sirup form), light-colored brown (b) Bread is baked in units each of sugar, refiners sirup, dextrose, honey, which weighs one-half pound or more ingredients flour (including bromated after cooling. Rolls or buns are baked in flour and phosphated flour), whole wheat corn sirup, dried corn sirup, nondiastatic dried malt sirup, molasses (except black­ units each of which weighs less than one- flour, cracked wheat, and crushed wheat strap molasses), or any combination of half pound after cooling. under the name of one Of such ingredi­ two or more of these. (c) (1) When any optional ingredi­ ents, or which provides for the use of (6) Malt sirup, dried malt sirup, ent, except a vinegar, permitted by para­ any such ingredient in any quantity less malted barley flour, malted wheat flour, graph (a) (11) of this section is used, than 20 percent by weight of the total of each of which is diastatically active, or the label shall bear the statement “_____ such ingredients. any combination of two or more of these. Added to Retard Spoilage”, the blank be­ (h) The record contains no evidence (7) Corn flour (including finely ing filled in with the name whereby the on the interest of consumers in label dec­ ground corn meal), potato flour, rice ingredient used is designated in such laration of the presence of the preserva- flour, wheat starch, cornstarch, potato paragraph. Thursday, October 14, 1948 FEDERAL REGISTER 6031 (2) When an optional ingredient per­ by subparagraph (6) of this paragraph); page 229, under “Total Solids in an En­ mitted by paragraph (a) (12) of this sec­ or through the use of wheat germ; or tire Loaf of Bread—Official”), comminute tion is used, the label shall bear the state­ through any two or more of such the sample by passing it twice through ment “Spiced” or “Spice Added” or “With methods. a food chopper. Added Spice”; but in lieu of the word (b) “Enriched bread” is baked in units (b) Raisin bread is baked in units each “Spice” in such statements the common each of which weighs one-half pound or of which weighs one-half pound or more or usual name or names of the spice may more after cooling. “Enriched rolls” or after cooling. Raisin rolls or raisin buns be added. “enriched buns” are baked in units each are baked in units each of which weighs (3) Wherever the name of the food ap­ of which weighs less than one-half pound less than one-half pound after cooling. pears on the label so conspicuously as after cooling. § 17.9 Whole wheat bread, graham to be seen under customary conditions § 17.7 Milk bread and milk rolls or bread, entire wheat bread, and whole of purchase, the words and statements milk buns—identity; label statement of wheat rolls, graham rolls, entire wheat hereinbefore specified in this paragraph optional ingredients, (a) Each of the rolls, or whole wheat buns, graham buns, shall immediately and conspicuously pre­ foods milk bread, and milk rolls or milk entire wheat buns—identity; label state­ cede or follow such name, without inter­ buns, conforms to .th e definition and ment of optional ingredients, (a) Each vening written, printed, or graphic mat­ standard of identity, and is subject to of the foods whole wheat bread, graham ter. the requirements for label statement of bread, entire wheat bread, and whole § 17.6 Enriched bread and enriched optional ingredients, prescribed for wheat rolls, graham rolls, entire wheat rolls or enriched buns—identity; label bread and rolls or buns by § 17.5 (a) and rolls, or whole wheat buns, graham buns, statement of optional ingredients, (a) (c), except that: entire wheat buns, conforms to the def­ Each of the foods enriched bread, and (1) Milk is used as the sole moistening inition and standard of identity, and is enriched rolls or enriched buns, con­ ingredient in preparing the dough; or in subject to the requirements for label forms to the definition and standard of lieu of milk one or more of the dairy in­ statement of optional ingredients pre­ identity, and is subject to the require­ gredients prescribed in paragraph (c) of scribed for bread and rolls or buns by ments for label statement of optional in­ this section is used, with or without § 17.5 (a) and (c), except that: gredients, prescribed for bread by § 17.5 water, in a quantity containing not less (1) The dough is made with whole (a) and (c), except that: than 8.2 parts by weight of milk solids wheat flour and no flour is used therein; (1) Each such food contains in each for each 100 parts by weight of flour used (2) The limitation prescribed by § 17.5 pound not less than 1.1 milligrams and (including any bromated flour or phos­ (a) (2) on the quantity and composition not more than 1.8 milligrams of thia­ phated flour used); and of dairy ingredients does not apply; and mine, not less than 0.7 milligram and not (2) No ingredient permitted by § 17.5 (3) The total weight of calcium pro­ more than 1.6 milligrams of riboflavin, (a) (3) is used. pionate, sodium propionate, or mixtures not less than 10.0 milligrams and not (b) Milk bread is baked in units each of these used, is not more than 0.38 part more than 15.0 milligrams of niacin or of which weighs one-half pound or more for each 100 parts by weight of whole niacin amide, not less than 8.0 milligrams after cooling. Milk rolls or milk buns wheat flour used. and not more than 12.5 milligrams of are baked in units each of which weighs As used in this section the term “flour”, iron (Fe); less than one-half pound after cooling. unqualified, includes flour, bromated (2) Each such food may also contain (c) The dairy ingredients referred to flour, and phosphated flour; the term as an optional ingredient added vita­ in paragraph (a) (1) of this section are “whole wheat flour” includes whole wheat min D in such quantity that each pound concentrated milk, evaporated milk, flour and bromated whole wheat flour. of the finished food contains not less than sweetened condensed milk, dried milk, The potassium bromate in any bromated 150 U. S. P. Units and not more than 750 and a mixture of butter or cream or both whole wheat flour used shall be deemed U. S. P. Units of vitamin D; with skim milk, concentrated skim milk, to be an optional ingredient in the whole (3) Each such food may also contain evaporated skim milk, sweetened con­ wheat bread or whole wheat rolls. as an optional ingredient added calcium densed skim milk, dried skim milk, or (b) Whole wheat bread, graham bread, in such quantity that each pound of the any two or more of these, in such pro­ or entire wheat bread, is baked in units finished food contains not less than 300 portion that the weight of nonfat milk each of which weighs one-half pound or milligrams and not more than 800 milli­ solids in such mixture is not more than more after cooling. Whole wheat rolls, grams of calcium (Ca); 2.3 times and not less than 1.2 times the graham rolls, entire wheat rolls, whole (4) Each such food may also contain weight of milk fat therein. wheat buns, graham buns, or entire wheat as an optional ingredient wheat germ or § 17.8 Raisin bread and raisin rolls or buns, are baked in units each of which partly defatted wheat germ; but in no raisin buns—identity; label statement of weighs less than one-half pound after case is the total quantity thereof more cooling. than the maximum which may be present optional ingredients, (a) Each of the as a result of the use of enriched flour; foods raisin bread, and raisin rolls or § 17.10 Breads and rolls or buns made (5) Enriched flour may be used, in raisin buns, conforms to the definition with mixtures of flour, whole wheat flour, whole or in part, instead of flour; and and standard of identity, and is subject cracked wheat, crushed wheat—identity; (6) The limitation prescribed by § 17.5 to the requirements for label statement label statement of optional ingredients. (a) (2) on the quantity and composition of optional ingredients, prescribed for (a) The articles for which definitions and of milk and dairy ingredients does not bread and rolls or buns by § 17.5 (a) and standards of identity are prescribed by apply. (c), except that: this section are the foods each of which (1) Not less than 50 parts by weight of conforms to the definition and standard As used in this section the term “flour”, seeded or seedless raisins are used for of identity, and is subject to the require­ unqualified, includes bromated flour and each 100 parts by weight of flour used ments for label statement of optional in­ phosphated flour; the term “enriched (including any bromated flour or phos­ gredients, prescribed for bread and rolls flour” includes enriched bromated flour. phated flour used); or buns by" § 17.5 (a) and (c), except The prescribed quantity of any substance (2) Water extract of raisins may be that: referred to in subparagraphs (1), (2), used (but not to replace raisins); (1) The dough is made with a mixture and (3) of this paragraph may be sup­ (3) The baked units may bear icing or of two or more of the following wheat in­ plied or partly supplied through the use frosting; gredients in which the weight of each of enriched flour; or through the direct (4) The limitation prescribed by such ingredient used is not less than 20 addition of such substance under the § 17.5 (a) (2) on the quantity and com­ percent of the weight of such mixture: (i) Flour (including bromated flour and conditions permitted by § 15.010, of this position of dairy ingredients does not phosphated flour); (ii) whole wheat flour chapter, as amended, for the addition apply; and (including bromated whole wheat flour); of such substance in the preparation of (5) In determining its total solids, in­ (iii) cracked wheat; (iv) crushed wheat; enriched flour; or through the use of any stead of following the direction “Grind (2) The limitation prescribed by § 17.5 ingredient. containing such substance, sample just to pass a 20-mesh sieve” (a) (2) on the quantity and composition which ingredient is required or permitted (Official and Tentative Methods of Anal­ of dairy ingredients does not apply ; and by § 17.5 (a), within the limits, if any, ysis of the Association of Official Agri­ (3) The total weight of calcium pro­ prescribed by such section (as modified cultural Chemists, Fifth Edition, 1940, pionate, sodium propionate, or mixtures No. 201------3 6032 PROPOSED RULE MAKING of these used is not more than 0.38 part as for example “White and Whole Wheat istrator, with full authority to admin­ for each 100 parts by weight of such Bread”. For the purposes of this provi­ ister oaths and affirmations and to do all mixture. sion the name of the wheat ingredient other things appropriate to the, conduct (b) The potassium bromate in any specified in paragraph (a) (1) (i) of of the hearing. The presiding officer is bromated flour or bromated whole wheat this section is “White”; in paragraph (a) required to certify the supplementary flour used, and the monocalcium phos­ (1) (ii) is “Whole Wheat”, “Graham”, record of the proceedings of this hearing phate in any phosphated flour used shall or “Entire Wheat”; in paragraph (a) to the Administrator for consideration be deemed to be optional ingredients in (1) (iii) is “Cracked Wheat”; and in with , the previous record, prior to issu­ the finished baked products. paragraph (a) (1) (iv) is “Crushed ance of a revised proposed order based (c) If such food is baked in units each Wheat”. on the entire record. of which weighs ‘one-half pound or more Additional evidence is particularly in­ The hearing will be conducted in ac­ after cooling, the name of such food is vited with respect to the oxidizing chem­ cordance with the rules of practice pro­ “______Bread”; if in units each of icals named in proposed finding 26, show­ vided therefor. which weighs less than one-half pound ing whether the compounds named are Dated: October 8,1948. after cooling, _____ Rolls” or “_------harmless and'whether they are needed in Buns”, the blank being filled in each in­ [seal] J. D onald K ingsley, stance with the names of the wheat in­ the production of bread. Acting Administrator. gredients in the order of predominance, Mr. Bernard D. Levinson is hereby des­ if any, by. weight of such ingredients in ignated as presiding officer to conduct [F. R. Doc. 48-9077; Filed, Oct. 13, 1948; the mixture used in making the dough, the hearing, in the place of the Admin­ 8:50 a. m.]

NOTICES

a hearing be held on October 27,1948, at feet in length to extend from Applicant’s FEDERAL POWER COMMISSION 9:30 à. m. (e. s t.), in the Hearing Room said 6%-inch line to the suction header [Docket No. G—1122] of the Federal Power Commission, 1800 of United Gas Pipe Line Company’s com­ Pennsylvania Avenue NW., Washington, pressor statidn located near Chillicothe, Atlantic S eaboard Corp. D, C., concerning the matters involved Hardeman County, Texas. ORDER FIXING DATE OF HEARING and the issues presented by such appli­ Applicant proposes, by means of the cation; provided, however, that the Com­ proposed facilities, to increase the deliv­ O ctober 7, 1948. mission may, after a non-contested ery capacity from Applicant’s Line A to Upon consideration of the application hearing, forthwith dispose of the pro­ its U System, thus enabling Applicant to filed September 9,1948, by Atlantic Sea­ ceeding pursuant to the provisions of have additional volumes of gas available board Corporation (Applicant), a Dela­ Rule 32 (b) of the Commission’s rules of for peak demand deliveries from said U ware corporation with its principal place practice and procedure. System during the winter months. It is of business at Charleston, West Virginia, (B) Interested State commissions stated in the application that the con­ for a certificate of public convenience may participate as provided in §§ 1.8 struction of the proposed facilities will and necessity pursuant to section 7 of and 1.37 (f) of the said rules of practice assist in alleviating the difficulty Appli­ the Natural Gas Act, as amended, au­ and procedure. cant has experienced for the last several thorizing the construction and operation years in supplying the demands on its of a 1,600-H. P. compressor station, com­ Date of issuance: October 8, 1948. U System during periods of peak demand. plete with appurtenant auxiliary equip­ By the Commission. The application further states that the proposed facilities will be used to ment, structures, land and improve­ [seal] L eon M. F uquay, ments, to be known as Huff Creek Com­ . Secretary. supply the same markets as are now pressor Station and located near Hano­ being served by Applicant, and that no ver, West Virginia, at a point approxi­ [F. R. Doc. 48-9064; Filed, Oct. 13, 1948; change in present rates is contemplated. mately 46 miles east of Boldmand, Ken­ 8:47 a. m.] The estimated total over-all capital tucky, on Applicant’s present 20-inch cost of the proposed facilities stated in pipe line, which is more fully described the application is $20,965.00, which will in such application on file with the Com­ [Docket No. G-1134] be paid solely out of Applicant’s current mission and open to public inspection; funds. and Lone S tar G as Co. Any interested State commission is re­ It appears to the Commission that: NOTICE OF APPLICATION quested to notify the Federal Power This proceeding is a proper one for dis­ Commission whether the application position under the provisions of § 1.32 O ctober 7,1948. should be considered under the cooper­ (b) of the Commission’s rules of practice Notice is hereby given that on October ative provisions of § 1.37 of the Com­ and procedure, Applicant having re­ 1, 1948, Lone Star Gas Company (Appli­ mission’s rules of practice and procedure quested that its application be heard un­ cant), a Texas corporation having its and, if so, to advise the Federal Power der the shortened procedure provided by principal place of business at Dallas, Commission as to the nature of its in­ the aforesaid rule for non-contested pro­ Texas, filed an application for a certifi­ terest in the matter and whether it de­ ceedings, and no request to be heard, cate of public'convenience and necessity sires a conference, the creation of a protest or petition having been filed sub­ pursuant to section 7 of the Natural Gas board, or a joint or concurrent hearing, sequent to the giving of due notice of the Act, as amended, authorizing the con­ together with reasons for such request; filing of the application, including pub­ struction and operation of a 6-inch nat­ The application of Lone Star Gas lication in the F ederal R egister on Sep­ ural-gas pipe line loop, and auxiliary Company is on file with the Commission tember 24, 1948 (13 F. R. 5574). equipment, approximately 10,150 feet in and is open to public inspection. Any The Commission, therefore,, orders length to parallel Applicant’s present person desiring to be heard or to make that: 6% -inch line which extends southwest­ any protest with reference to the appli­ (A) Pursuant to the authority con­ erly from a point on Applicant’s Line A cation shall file with the Federal Power tained in and subject to the jurisdiction near Chillicothe, Hardeman County, Commission, Washington 25, D. C., not conferred upon the Federal Power Com­ Texas to a point of connection with Ap­ later than 15 days from the date of pub­ mission by sections 7 and 15 of the Natu­ plicant’s Line U in said county; and also lication of this notice in the F ederal ral Gas Act, as amended, and the Com­ an 8-inch natural-gas pipe line, and R egister, a petition to intervene or pro­ mission’s rules of practice and procedure, auxiliary equipment, approximately 308 test. Such petition or protest shall con- Thursday, October 14, 1948 FEDERAL REGISTER 6033 form to the requirements of §§ 1.8 or The application of Mesabi Pipe Line hearing the proceedings at Docket No. 1.10, whichever is applicable, of the rules Company is on file with the Commission G-1135 with those at Docket No. G-882. of practice and procedure (as amended and open to public inspection. Any per­ The Commission, therefore, orders on June 16, 1947). son desiring to be heard or to make any that: protest with reference to the application (A) The proceedings at Docket Nos. [ s e a l ] L e o n M. F u q u a y , shall file with the Federal Power Com­ G-882 and G-1135 be and the same are Secretary. mission, Washington 25, D. C., not later hereby consolidated for purposes of hear­ [P. R. Doc. 48-9059; Filed, Oct. 13, 1948; than October 15,1948, a petition to inter­ ing. 8:46 a. m.] vene or protest. Such petition or pro­ (B) A public hearing be held on the test shall conform to the requirements matter at Docket No. G-882 as heretofore of §§ 1.8 or 1.10, whichever is applicable, ordered by the Commission in its order of the rules of practice and procedure.. of September 30, 1948, issued therein [Docket No. G-11351 [ s e a l ] L e o n M. F u q u a y , and on the application of Mesabi Pipe Mesabi P ipe Line Co. Secretary. Line Company at Docket No. <31-1135, commencing at 10:00 a. m. (e. s. t.) on NOTICE OF APPLICATION ; [F. R. Doc. 48-9063; Filed, Oct. 13, 1948; October 18, 1948, in the Hearing Room 8:47 a. m.[ October 8, 1948. of the Federal Power Commission, 1800 Notice is hereby given that on October Pennsylvania Avenue NW., Washington, 4,1948, an application was filed with the D. C. Federal Power Commission by Mesabi [Docket Nos. G-1135, 882] (C) Interested State commissions may Pipe Line Company (Applicant), a Min­ participate as provided by §§ 1.8 and nesota corporation with its principal of­ M esabi P ip e Line Co. and T runkline G as 1.37 (f) of the Commission’s rules of fice at St. Paul, Minnesota, for a certifi­ S upply Co. practice and procedure. cate of public convenience and necessity ORDER CONSOLIDATING PROCEEDINGS AND Date of issuance: October 8, 1948. pursuant to section 7 of the Natural Gas FIXING DATE OF HEARING By the Commission. Act, as amended, authorizing the Appli­ October 8, 1948. cant to construct and operate an 18-inch Upon consideration of the application [ s e a l ] L e o n M. F u q u a y , natural gas transmission pipeline com­ Secretary. mencing at a point in Keokuk County, filed October 4,1948, by Mesabi Pipe Line Iowa, at the terminus of a pipeline pro­ Company (Mesabi), a Minnesota cor­ [F. R. Doc.' 48-9062; Filed, Oct. 13, 1948; posed by Trunkline Gas Supply Com­ poration with its principal office at St. 8:46 a. m.[ pany for which a certificate application Paul, Minnesota, for a certificate of pub- is pending as Docket No. G-882, and ex­ licTconvenience and necessity pursuant to tending in a generally northerly direc­ section 7 of the Natural Gas Act, as tion through the states of Iowa, Wiscon­ amended, authorizing the construction [Docket No. E-6163] sin, and Minnesota, to a point in Itasca and operation of an 18-inch O. D. nat­ County, Minnesota, together with neces­ ural was transmission pipeline commenc­ Northwestern P ublic Service Co. sary facilities for the reception of gas ing at a point in Keokuk County, Iowa, into Applicant’s proposed pipeline and at the terminus of a pipeline proposed NOTICE OF ORDER AUTHORIZING AND APPROV­ for its compression at appropriate points. by Trunkline Gas Supply Company ING ISSUANCE OF SECURITIES (Trunkline) for which a certificate ap­ Applicant states that its primary pro­ O ctober 8, 1948. posal is to provide low-grade iron ore plication is pending at Docket No. G-882, processors in . the Mesabi Range with and extending in a generally northerly Notice is hereby" given that, on Octo­ such natural gas as may be, required for direction approximately 400 miles ber 6, 1948, the Federal Power Commis­ their purposes in processing low-grade through the States of Iowa, Wisconsin sion issued its order entered October 5, iron ore and to serve gas companies trib­ and Minnesota to a point in Itasca 1948, authorizing and approving issuance utary to its proposed line supplies of County, Minnesota, as described in such of securities in the above-designated natural gas where no gas service is now application on file with the Commission matter. available, and to serve «other tributary and open to public inspection; gas companies supplies of natural gas in It appears to the Commission that: [seal] Leon M. F uquay, addition to their already available sup­ (a) Hearings at Docket No. G-882 were Secretary. plies. It is estimated that a minimum of held from September 8 through Septem­ ber 16, 1948, at which time Trunkline [F. R. Doc. 48-9060; Filed, Oct. 13, 1948; 100,000 Mcf daily will be required by such 8:46 a. m.[ mining companies. completed its direct presentation and the Applicant proposes to secure its supply hearing was recessed until October 4, of natural gas from the Trunkline Gas 1948. Supply Company at the terminus of its (b) By order entered September 30, [Docket No. ID-1103] proposed line. 1948, the date of reconvening hearing on The estimated total over-all cost of the the application at Docket No. G-882 was G. F. F oley proposed facilities is $19,291,750 which postponed until October 18,1948, for the Applicant proposes to finance through purpose of receiving additional evidence NOTICE OF AUTHORIZATION PURSUANT TO the issuance and sale to the public of to be presented in support of Trunkline’s SECTION 3 0 5 (B) OF THE FEDERAL POWER bonds and preferred stock, supplemented amended application, and the Commis­ ACT by the procurement and issuance of sion remanded the record to the Presid­ O ctober 8, 1948. additional shares of its common stock. ing Examiner for such purposes, And Notice is hereby given that, on Octo­ Any interested State commission is re­ further provided, That upon the conclu­ ber 6, 1948, the Federal Power Commis­ quested to notify the Federal Power sion of the presentation of such evidence sion issued its order entered October 5, Commission whether the application the record shall be forthwith certified to 1948, in the above-designated. matter, should be considered under the coopera­ the Commission and the hearing be re­ authorizing Applicant to hold certain po­ tive provisions of § 1.37 of the Commis­ cessed pending disposition of a motion sitions in the Florida Power Corporation, sion’s rules of practice and procedure to strike and a motion to dismiss filed et al., pursuant to section 305 (b) of the and, if so, to advise the Federal Power therein. Federal Power Act. Commission as to the nature of its in­ (c) Mesabi states in its application that It proposes to secure its supply of natural [seal] Leon M. F uquay, terest in. the matter whether it desires Secretary. a conference, the creation of a board, or gas from Trunkline. a joint or concurrent hearing, together The Commission finds that : Good [F. R. Doc. 48-9061; Filed, Oct. 13, 1948; with reasons for such request. cause exists to consolidate for purposes of 8:46 i m.] 6034 NOTICES

SECURITIES AND EXCHANGE other information contained in the offi­ all of North Shore’s properties and busi­ cial file of the Commission pertaining to ness, exclusive of cash, insurance con­ COMMISSION this matter. tracts and claims for refund of taxes, for [Pile No. 1-12411 a base price of $145,000 subject to clos­ By the Commission, ing adjustments. It is estimated by the E ngineers P ublic S ervice Co. [seal] O rval L. D uBois, company, on the basis of North Shore’s NOTICE OF APPLICATION TO STRIKE FROM Secretary. balance sheet at August 31, 1948, that LISTING AND REGISTRATION, AND OF OPPOR­ [F. R. Doc. 4&-9070; Piled, Oct. 13, 1948; retained cash plus closing adjustments TUNITY FOR HEARING 8:48 a. m.] will amount to approximately $25,000. North Shore proposes to use $87,500 of At a regular session of the Securities the proceeds of the sale to retire all of its and Exchange Commission, held at its outstanding long-term debt consisting of office in the city of Washington, D. C., on [File No. 70-1964] a like principal amount of notes held by the 8th day of October A. D. 1948. Penn Corp, proposes to distribute, after The Boston Stock Exchange, pursuant P ennsylvania G as and E lectric Corp. provision for other debts, the balance of to section 12 (d) of the Securities Ex­ and N orth S hore Gas Co. such proceeds and all additional cash in change Act of 1934 and Rule X-12D2-1 NOTICE OF FILING the company’s treasury to Penn Corp as (b) promulgated thereunder, has made a liquidating dividend, and proposes to application to strike from listing and At a regular session of the Securities retire all of its capital stock, and, there­ registration the common stock, $1.00 par and Exchange Commission, held at its after, to be dissolved. value, of Engineers Public Service Com­ office in the city of Washington, D. C., on - The properties to be sold by North pany. the 8th day of October 1948. Shore comprise a manufactured gas dis­ The application alleges that (1) Engi­ The Commission having on September tribution system serving gas in and about neers Public Service Company was dis­ 3, 1948, issued an order pursuant to sec­ the Massachusetts towns of Essex, solved on June 30,1947; (2) all its assets tion 11-(b) (1) pf the Public Utility Hold­ Georgetown, Hamilton, Ipswich, Man­ have already been distributed to its pre­ ing Company Act of 1935 (“act”) direct­ chester, Rowley, Topsfield and-Wenham. ferred and common stock holders .with ing that Pennsylvania Gas and Electric North Shore purchases its entire gas re­ the exception of a small amount of cash Corporation (“Penn Corp”) , a registered quirements from Haverhill and serves gas and with the exception of common stock holding company, shall, among other to consumers in territory contiguous to of Virginia Electric and Power Com­ things, sever its relationship with North that served by Haverhill. The net oper­ pany; (3) after deduction of a bank loan Shore Gas Company (“North Shore”), ating income of North Shore for the 12 of $900,000, there remains a net value for a wholly owned subsidiary of Penn Corp, months ended August 31, 1948, was $14,- these assets of aproximately $1,864,000; by disposing or causing the disposition 456 (after estimated Federal income (4) there are now outstanding approxi­ of its direct or indirect interest, owner­ taxes, computed on the basis of the filing mately 1,909,968 shares of common stock ship, control and holding of securities of a consolidated Federal income tax of Engineers Public Service Comany; (5) issued and properties owned; controlled return with its parent, Penn Corp). the value of the assets of this corporation or operated by North Shore. The filing indicates that during the remaining undistributed is approximately Notice is hereby given that Penn Corp last several months, several proposals for $1.00 per share; (6) in addition, Engi­ and North Shore have filed with this the purchase of North Shore’s proper­ neers Public Service Company has a con­ Commission a joint application and ties were received from various interested tingent claim to any portion remaining declaration pursuant to sections 9, 10, parties, and that the price offered by of an escrow fund set up for the benefit of 12 (c) and 12 (d) of the act and Rules Haverhill was the highest. preferred stock holders in their right to U-42, U-44, and U-46 thereunder with The filing states that the proposed sale payment of premium Tip on the liquida­ respect to the proposed sale by North is subject to the jurisdiction of the Mas­ tion of the preferred stock, which is now Shore of all its gas properties and busi­ sachusetts Department of Public Utili­ in the process of litigation; (71 that as­ ness and the proposed liquidation and ties. suming the outcome of this litigation is dissolution of North Shore. j- ~ Penn Corp and North Shore request such that this escrow fund reverts to the Notice is further given that any'inter­ that the Commission’s order be issued Engineers Public Service Company, ex­ ested person may, not later than October prior to November 1, 1948, the contract cept for the expenses of administration 21,1948, at 5:30 p. m., e. s. t., request the closing date, aid that such order become of the fund, this would amount to not to Commission in writing, that a hearing effective forthwith. exceed $2.00 per share for the outstand­ be held on such matter, stating the na­ ing shares of common stock of Engineers ture of his interest, the reasons for such By the Commission. Public Service Company; and (8) the request and the issues, if any, of fact or [seal] O rval L. D uB ois, rules of the Boston Stock Exchange with law raised by said application and decla­ Secretary. respect to striking a security from regis­ ration which he desires to controvert, or [P. R. Doc, 48-8069; Piled, Oct. 13, 1948; tration and listing have been complied may request that he be notified if the 8:47 a. m.] with. Commission orders a hearing thereon. Upon receipt of a request, prior to Oc­ Any such request should be addressed: tober 20, 1948, from any interested per­ Secretary, Securities and Exchange Com­ FEDERAL COMMUNICATIONS son for a hearing in regard to terms to be mission, 425 Second Street NW., Wash­ Imposed upon the delisting of this se­ ington 25, D. C. At any time after Oc­ COMMISSION curity, the Commission • will determine tober 21,1948, said application and decla­ 1948 I nternational Convention for whether to set the matter down for hear­ ration, as filed or as amended, may be S afety of Life at S ea R evises R adio ing. Such request should state briefly granted and permitted to become effec­ P rovisions the nature of the interest of the person tive, respectively, as provided in Rule requesting the hearing and the position U-23 of the rules and regulations pro­ NOTICE TO U. S. SHIPOWNERS, SHIP RADIO he proposes to take at the hearing with mulgated under the act, or the Commis­ STATION LICENSEES AND OTHERS CON­ respect to imposition of terms or condi­ sion may exempt such transaction as CERNED tions. In addition, any interested person provided in Rule U-20 (a) and Rule U- O ctober 1, 1948. may submit his views or any additional 100 thereof. The International Convention for the facts bearing on this application by All interested persons are referred to Safety of Life at Sea, 1929, ratified by means of a letter addressed to the Secre­ said application and declaration which the United States, underwent extensive are on file in the office of this Commis­ revision in London last June. The 1948 tary of the Securities and Exchange sion for a statement of the transactions Convention with annexed regulations su­ Commission, Washington, D. C. If no therein proposed which may be sum­ persedes the 1929 document and comes one requests a hearing on this matter, marized as follows: into force on January 1, 1951. this application will be determined, by North Shore proposes to sell to Haver­ The purpose of this Convention is to order of the Commission on the basis of hill Gas Light Company (“Haverhill”), insure, through international treaty the facts stated in the application, and a non-affiliated public utility company. agreement, that, from the point of view Thursday, October 14, 1948 FEDERAL REGISTER 6035 of safety of life, a ship is fit for the serv­ and electrically independent of each Washington 25, D. C. It is expected that ice for which it is intended. Applica­ other. Nevertheless, certain delay in due course the Convention with an­ tion of the Convention, however, is made clauses in the case of passenger ships nexed regulations will be made available only to ships on international voyages, and relaxations in the case of cargo ships for public sale by the United States Gov­ that is, from a country to which the Con­ are included in the provisions. ernment Printing Office. A British edi­ vention applies to a port outside such As regards required radio devices in tion of the final acts of the Conference country, or conversely. general, the trend of the revised provi­ with annexes is available and may be All aspects of ship safety are dealt with sions is toward more details and exact­ consulted in the Commission’s offices in in the revised document, including the ing specifications. This is particularly the meantime. fitting and use of radio, contained in true of the auto alarm, main and emer­ Chapter IV. Numerous modifications of gency radiotelegraph installations, and F ederal Communications and additions to safety radio require­ the radio direction finder. Specifications Co m m issio n , ments of the earlier document appear .for radiotelephone, lifeboat, and port­ [seal] T. J. S low ie, in the revised version. Highlighting able lifeboat installations appear in the Secretary. these changes is the extension of safety regulations for the first time.' This was [F. R. Dos. 48-9078; Filed, Oct. 13, 1948; radio requirements to cargo ships be­ to be expected in view of the rapid war- 8:51 a. m.] tween 500 and 1600 gross tons. When inspired developments in the field of cargo ships in this group are not equipped electronics since the 1929 Convention. with a radio-telegraph installation, they While the Contracting Governments must be fitted with a radiotelephone in­ consider it highly desirable not to deviate S chedule of H earings, O ctober 1948 to stallation meeting specified requirements. from the application of the new manda­ J une 1949 The radiotelephone requirement takes tory regulations, administrations are per­ S eptember 29, 1948. advantage of the decision made at In­ mitted to grant individual exemptions of ternational Radio Conference held last a partial and/or conditional nature, or The Commission released today its year at Atlantic City to establish an in­ complete exemption, but only to a ship hearing schedule for all standard and ternational calling and distress frequency engaged on a voyage where the maxi­ FM broadcast applications designated (2182 kc) for the Maritime Mobile radio­ mum distance of a ship from shore, the for hearing prior to September 1, 1948. telephone service. length of the voyage, the absence of The hearings are scheduled to commence Another outstanding change is the general navigational hazards, and other on October 18,1948. There are 149 hear­ broadened requirement that "all ships of conditions affecting safety are such as to ings scheduled, involving 238 a p p l i ­ 1600 gross tons and upward are to be render full application of the provision cations. fitted with an approved radio direction requiring a radiotelegraph installation The schedule is composed of three finder. This instrument is not only an unreasonable or unnecessary. Since parts. Part I contains an alphabetical important aid to navigation, but has also the authority to exempt will not be re­ list of all applications scheduled for proved to be most effective in search and stricted to a specified distance a ship is hearing; Part n is a chronological list rescue work. Through its use rescuing navigated from the nearest land, as was of hearings; and Part III is a list of all ships can “home” on distress ships and the case in the 1929 Convention, the new applications scheduled for hearing ac­ survival craft radio transmissions. document appears to permit greater in­ cording to their docket numbers. Important because they increase the terpretive latitude in the administration Generally field hearings will be held in number of ships available for alerting of exemptions. Under the new regula­ the cities where operation is proposed. for distress calls are revised provisions tions each administration must submit If a field hearing is upon applications relating to the fitting and use of the auto annually to the Intergovernmental Mari­ for stations in two or more cities, the alarm and listening by human operator. time Consultative Organization a report hearings will be held in the various cities The new basic provision states that each showing all exemptions granted during in the order listed on the date scheduled. ship required to be fitted with a radio the calendar year. The hearings in the District of Columbia telegraph installation (1600 gross tons Apart from the above discretionary will be heard in order of docket numbers, and upwards), shall, while at sea, and, if exemption provisions for individual the lowest docket number being heard not fitted with an approved auto alarm, ships, the following classes of ships are first. listen continuously on the international exempted outright from the provisions of Included in the schedule is a number of radiotelegraph distress frequency by the 1948 regulations: consolidated hearings which have here­ means of a qualified operator using some tofore been scheduled for hearing and aural method. In the case of ships -re­ • 1. Ships of war and troopships. then continued indefinitely for various 2. Cargo ships of less than 500 gross tons. reasons such as a determination of the quired to be fitted with a radiotelegraph 3. Ships not propelled by mechanical installation, which are fitted with an means. Clear Channel proceeding, or the pend­ approved auto alarm, the number of 4. Wooden ships of primitive build, such ency of a petition for reconsideration and hours of human listening varies with the as dhows, junks, etc. grant without hearing. These hearings kind of ship, its tonnage, duration of voy­ 5. Pleasure yachts not engaged in trade. have been given a new hearing date be­ age, or number of passengers carried. 6. Fishing vessels. cause of the possibility that the reason However, the basic provision, with cer­ for which they were heretofore con­ To permit all concerned ample time to tinued indefinitely may have been re­ tain exceptions and delay clauses, for develop newly required apparatus and to listening by means of a qualified operator moved by the time the hearing date afford wartorn countries opportunity to is reached. In the event the reasons for using some aural method, is at least 8 rebuild their economy, time delay clauses hours per day in the aggregate. which the hearing was continued indef­ of from one to three years are included initely in the past have not been obviated Many other changes are included. in various forward looking provisions. When the required number of lifeboats three weeks prior to the hearing, the to be carried by a ship is less than 20, Because the safety radio standards Commission will continue such cases in­ imposed by United States statute and, definitely on its own motion. such ships must be provided with an ap­ in fact, those voluntarily met by most proved portable radiotelegraph appara­ United States ships have been and still Abbreviation Symbols tus. The portability feature affords con­ are higher than those prevailing on most AL Asignment of License. siderable flexibility in the placement of AP Assignment of Permit. the unit to meet a given situation. It foreign ships, the new Convention, it is felt, will produce proportionately lesser L License. may be used in a lifeboat, at various BS Order to Show Cause. places on the ship, and even taken ashore effect on the United States marine serv­ ices. FM Frequency Modulation. for use in the case of stranding. ML Modification of License. Basically, the revised provisions on the Further information on the radio as­ MP Modification of Permit. radiotelegraph installation require a pects of the revised Convention may be PED Non-Commercial Educational FM. main installation and an emergency (re-r obtained by writing to the Secretary, R Renewal. serve) installation, electrically separate Federal Communications Commission, TC Transfer of Control. 6036 NOTICES

P art I

Name Docket Ere- Date locket Fre- No. quency Place Name No. queney Date Place

Airtone Co., Santa Ana, Calif ... 6110 850 Jan. 10 D. Ç.-1. Fums, James H., Monroe, Mich...... 8844 1540 Jan. 31 D. C.-l, Airwaves, Inc. (WJOC), Jamestown, N. Y 6108 1410 May 2 D. 0.-1. General Electric Co. (wGY), Schenectady, 8162 BS Dec. 13 D. C.-l. Albuquerque Broadcasting Co. (KOB), Albu- 8044 Dec. 15 F-2. querque, N. Mex. Gerity, James Jr. (WABJ). Adrian, Mich_____ 8692 1490 Apr. 25 D. C.-2, Allentown Broadcasting Co. (WKAP), Allen- 6132 1320 Apr. 4 D. 0.-2. Gila Broadcasting Co., Winslow, Ariz______8381 1580 Feb. 16 ID . C.-2. town, Pa. Goddard, Fred G., Hoquiam, Wash..__...... 7826 1450 Nov. 1 F-l. American Broadcasting Co., (KGO), San Fran- 8011 810 Dec. 13 D. C.-l Greenwich Broadcasting Corp., Greenwich, 8716 1490 Dec. 9 F-2. . cisco, Calif. Conn. Anderson Broadcasting Co., Inc., Anderson, 7763 1070 Feb. 3 D. 0,-1. Griner-Dillon Broadcasting Co., Bay City, 8610 1350 May 19 D. C.-l. 8. C. Mich. Andrews, L. W., Inc., Davenport, Iowa______8694 FM Nov. 22 D. O.-l. Guilford Broadcasting Co», Greensboro, N. O .. 8204 1400 Oct. 29 F-l. Antelope Broadcasting Go., Inc., Lancaster, 8848 1340 Dec. 6 F -l. Haddican, George F., Delano, Calif...______8758 1340 Nov. 17 F--2. Calif. Hamtramck Radio Corp., Hamtramck, Mich.. 9021 1440 Mar. 28 D. C.-l. Antelope Valley Broadcasting Co., Inc., Lan- 8847 1340 -..do...... F-l. Harbenito Broadcasting Co. (KGBS),,Harl­ 8836 850 May 16 D. C.-l. caster, Calif. ingen, Tex. Astoria Broadcasting Co. (KAST), Astoria, 9002 1370 May - 5 D. Ch-2. Harrisonburg Broadcasting Co., Harrisonburg, 9108 1340 Jan. 12 F-2. Oreg. Va. Atlantic Broadcasting Co., New York N. Y__ 9055 FM Dec. 13 F-2. The Heights Broadcasting Co., Cleveland, 8266 710 Feb. 17 D. C.-2. Balboa Radio Corp., (KLlK), San Diego, Calif. 8116 1450 Dec. 2 F-l. Ohio. Baltimore, Louis G. (WBRE), Wilkes-Barre, 9131 1340 Apr. 4 D. C.-2. The'Highlands Broadcasting Co., Sefring, Fla.. 9070 1340 Oct. 22 F-l. Pa. Hillsdale Broadcasting Co., Inc., Hillsdale, 7941 600 Feb. 7 D. C.-l. Bastrop Broadcasting Co., Bastrop, La...... 8410 900 Apr. 14 D. C.-l. Mich. Baylor University (KWBU), Houston, Tex__ 9087 1030 Mar. 7 D. C.-l. Hodgkins, Robert C., Northampton, Mass___ 8857 1570 Feb. 28' D..C.-2, Beacon Broadcasting Co., Boston, Mass...... 8731 f M Nov. 29 F-2. Holzer, Leland, Long Beach, Calif______8851 890 Mar. 21 D. C.-1. Beatrice Broadcasting Co., Beatrice, Nebr...... 8930 1450 Oct. 20 F-2. Imes, Bimey, Jr., Columbus, Miss...... 8831 580 May 12 D. C.-2. Belvedere Broadcasting Co., Baltimore, M d__ 8996 1400 Oct. 18 F-l. Independent Broadcasting Service, Oak Park, 8687 1350 ...do. D. C.-l. Benlee Broadcasting Co., Patchogue, N. Y...... 8673 1580 Apr. 18 D. C.-l. in. Berks Broadcasting Co. (WEEU), Reading, Pa. 7339 850 Oct. 21 D. C.-l. James Madison Broadcasting Corp., Orange, 9109 1340 Jan. 10 F-2. Bessemer Broadcasting Go., Bessemer, Ala...... 8526 1450 Jan. 20 F-2 . Va. The Bible Institute of L. A., Inc., Los Angeles, 9073 PED Dec. 9 F-l. Jones, Fred Broadcasting Co. (KFMJ), Tulsa, 8065 1340 Nov. 22 F-l. Calif. Okla. Big Sandy Broadcasting Co., Paintsville, K y... 8880 1490 Nov. 24 F-2. KCMO Broadcasting Co. (KCMO), Kansas 8338 810 Dec. 13 D. C.-l. Blue Valley Broadcasting Co., Beatrice, Nebr.. 8929 1450 Oct. 20 F-2. City, Mo. Bluff City Broadcasting Co., Ltd. (WDIA), 8879 1240 Jan. 26 F-2. Kickapoo Prairie Broadcasting Co., Inc., 8435 1340 Nov. 29 F -l. Memphis, Tenn. Springfield, Mo. Boston Radio Co., Inc., Boston, Mass...... 8733 FM Nov. 29 F-2. KIDO, Inc. (KIDO), Boise, Idaho...... 8897 630 Jan. 27 D. C.-l. Braden, Paul F. (WPFB), Middletown, Ohio. 9118 910 Feb. 10 D. C.-2. KOOS, Inc. (KOOS), Coos Bay, Oreg__...... 8049 630 ...do. D. C.-l. Brown, Kenyon, Tulsa, O kla...... 9066 1340 Nov. 22 F-l. KRGV, Inc. (KRGV), Weslaco, Tex...... 8360 1290 Mar. 7 D. C.-2. Brunswick-Islarid Broadcasting Co., Bruns- 8687 1340 Oct. 27 F-l. "KWHN Broadcasting Co., Inc. (KWHN), 8983 L Nov. 18 F-l. wick, Ga. Fort Smith, Ark. Bunker Hill Broadcasting Co., Bunker Hill, 8841 FM Nov. 29 F-2. KWHN Broadcasting Co., Inc., Fort Smith, 8984 FM ...do. F -l, Mass. Burlington • Graham Broadcasting Co. 8779 1150 Apr. 28 D. C.-2. KXRÖ, Inc. (KXRO), Aberdeen, Wash_____ 8374 1320 Nov. 4 F—i, ' (WFNS), Burlington, N. C. Lackawanna VaUey Broadcasting Co. (WSCR), 9133 1320 Apr. 4 D. C.-2. Cadillac Broadcasting Co., Hamtramck, Mich. 8718 1540 Jan. 31 D. C.-l. Scranton, Pa. Cameron, Geo. E., Jr., Tulsa, Okla...... 9067 1340 Nov, 22 F-l. Lake Broadcasting Co., Inc., Gary, Ind______7185 1270 Jan. 17, D. Cl-1. Chanute Broadcasting Co., Chanute, Kans___ 8909 1460 Mar. 14 D. C.-2. Lakeland Broadcasting Corp., Wausau, W is... 8208 1230 Oct. 27 F-2. Christian County Broadcasting Co., Taylfc- 8699 1410 May 16 D. C.-2. Lake Shore Broadcasting Co., Evanston, 111__ 7629 1520 Jan. 24 D. C.-l. vilte, 111. Lake States Broadcasting Co., Milwaukee, Wis. 8119 1520 ...do. D. C.-l. Coconmo Broadcasting Co., Flagstaff, Ariz...... 8276 600 Mar. 10 D. C.-2. Lakewood Broadcasting Co., Dallas, Tex...... 8714 1470 May 9 D. C.-l. Collins, Carr P., Jr., Corpus Christ!, Tex...... 9088 1010 Mar.- 7 D. C.-l. LaMar, Charles Wilbur, Jr., Morgan City, La. 8302 1450 Dec. 13 F-l. Community Broadcasting Service, Aliquippa, 8689 690 Mar. 30 D. C.-l. Lapides, Abe, Pontiac, Mich______7942 730 Jan. 10 D. C.-2. Pa. Lewis, Richard Field, Jr. (WING), Winches­ 8842 650 Apr. 18 D. C.-2. Continental Broadcasting Co., Toledo, Ohio... 8684 147Ó Jan. 24 D. C-2. ter, Va. Conway Broadcasting Co., Conway, Ark____ 8999 1230 Nov. 15 F-l. The Liberty Street Gospel Church (WMPC)j 8632 1230 Jan. 13 D. C.-2. Coosa Valley Radio Co. (WROM), Rome, Ga. 8593 1400 Jan. 17 F-2. Lapeer, Mich. Cornbelt Broadcasting Co. (WHOW), Clinton, 8261 1520 Jan. 24 D. C.-l. Lowell Sun Publishing Co., Lowell, M ass...... 9069 1060 May 9 D. C .-l 111. Madera Broadcasting Co., Madera, Galif___... 9129 1340 Nov. 15 F-2, Cortland Broadcasting Co., Inc. (WKRT), 8778 920 Mar. 3 D. C.-l. Manistee Radio Corp., Manistee, M idi____ _ 8004 1340 Nov. 4 F-2. Cortland, N. Y. Mansfield Broadcasting Co., Mansfield, Pa___ 9085 1050 May 26 D .'C .-i. Cosmopolitan Broadcasting Co., Los Angeles, 8641 960 Apr. 11 D. C.-l. Marion Broadcasting Co., Marion, 111______8708 1150 May 19 VD, C.-2. Calif. The Master Broadcasting Corp., Rio Piedras, 8828 1140 Apr. 7 D. C.-2. Craddock, D. L. (WLOE), Leaksville, N. C.__ 8427 1490 Jan. 5 D. C.-2. P.R. Crescent Broadcast Corp., Shenandoah, P a ... 6883 980 Jan. 5 D. C.-l. McClatchy Broadcasting Co. (KERN), Bak­ 8349 1410 Oct. 18 D. C.-l. Crosley Broadcasting Corp., New York, N. Y_. 9054 FM Dec. 13 F-2. ersfield, Calif. Crowley, Dale E., Washington, D. C .^______9127 1540 Feb. 7 D. C.-2. McClatchy Broadcasting Co., Sacramento, 6016 FM Oct. 16 D. C.-l. Cushing Broadcasting Co., Cushing, Okla...... 9102 1600 June 6 D. C.-l. Calif. Debs Memorial Radio Fund, Inc., New York, 9056 FM Dec. 13 F-2. McLean County1 Broadcasting Co„ Normal, 8198 1080 Feb. 28 D. C.-l. N. Y. 111. Delta Broadcasting Co. (WDBC), Escanaba, 8883 680 Feb. 14 D. C.-l. MetropolitanBroadcasting Co., Alamo Heights, 8928 1240 Jan. 10 F-L Mich. Tex. Denver Broadcasting Co., Denver, Colo__ ___ 8012 810 Dec. 13 D. C.-l. Metropolitan Broadcasting Co. of Milwaukee, 8202 920 Apr. 28 D. C.-l. Detroit Broadcasting Co. (WJBK), Detroit, 8661 1500 Apr. 15 D. C.-2. White Fish Bay, Wis. Mich. Mid-Island Radio, Inc., Patchogue. N. Y ____ 8674 1580 Apr. 18 D. C.-l. Diamond H. Ranch Broadcasters, Auburn, 8642 1490 Nov. 10 F-2. Mid-Utah Broadcasting Co. (KNEU), Provo, 9074 1240 Mar. 23 D. C.-l. Calif. . Utah. Door County Broadcasting Co., Inc., Sturgeon 8884 1340 Nov. 1 F-2. The Midwestern Broadcasting Co., Toledo, 8685 1470 Jan. 24 D. C.-2. Bay. Wis. Ohio. Dunkirk Broadcasting Corp., Dunkirk, N. Y .. 6104 1410 May 2 D. C.-l. Model City Broadcasting Co., Anniston, A la., 8388 1390 Feb. 2 D. C.-2. East Texas Broadcasting Co. (KGKB), Tyler, 7950 690 Nov. 8 D. O.-l. The Monocacy Broadcasting Go. (WFMD), 8627 930 Jan. 17 D. C.-2. Tex. Trederick, Md. Ebbets McKeever Exhib. Co., Inc., New York, 9057 FM Dec. 13 F-2. Monroe Broadcasting Co., Inc., (WRNY), 7909 1 680 Feb. 14 D. C.-l. N. Y. Rochester, N. Y. El Camino Broadcasting Co., San Fernando, 8932 610 May 2 D. C.-2. Monroe Publishing Co., Monroe, Mich______8591 920 Apr. 19 D. C.-l. Calif. Mosby’s Inc. (KANA), Anaconda, Mont_____ 8910 930 Apr. 13 D. C.-l. Ellis County Broadcasting Co., Waxahachie, 8257 1390 Feb. 14 D. 0.-2. News Publishing Co. (WLAQ), Rome, Ga___ 8594 1400 Jan. 17 F-2. Tex. Noe, James A. (KNÖE), Monroe, La..c...... 7655 1390 Feb. 2 D. C.-2. El Mundo Broadcasting Corp. (WEMB), San 8829 1190 Apr. 21 D. C.-2. Northampton Broadcasting Co., Northamp­ 8856 1570 Feb. 28 D. C.-2. Juan, P. R. ton, Mass. Empire Broadcasting Co., Pomona, C a lif...... 8152 680 Mar. 28 D. 0.-2. The Northern Corp., Boston.Mass...... 8732 FM* Nov. 29 F-2. Enid Radiophone Co., Enid. Okla...... 8712 1390 May 5 D. O.-l. The Northern Corp. (WMEX), Boston, Mass. 8911 R Dec. 3 F-2. Ensley-Fairfield Broadcasting Co., Ensley, 8627 1450 Jan. 21 ' F-2. D o ..., ______1______8912 , TC -__do_ F-2, - Ala. North Jersey Broadcasting Co., Inc. (WPAT), 8285 930 Jan. 17 D. C.-2. Evangeline Broadcasting Co. (KVOL), La- 8417 1480 Mar. 14 D. C.-l. Paterson, N. J. fayette, La. Northwestern Indiana Radio Co., Inc., Val­ -8218 1080 Feb. 28 D. C.-l. Fairfield County Broadcasting Co., Norwalk, 8717 1460 Dec. 10 F-2. paraiso, Ind. Conn. Northwest Public Services, Kelso, Wash_____ 8686 1240 ’ Nov. 8 F-l. Falls Gounty Public Service, Marlin, Tex_____ 9086 1010 Mar. 7 D. O.-l. Odessky, William & Lee, Los Angeles, Galif.... 8850 900 Mar. 21 D. C.-l. Faulkner County Broadcasting Co., Conway, 8998 1230 Nov. 15 F-l. Ohio-Michigan Broadcasting Corp., Toledo, 7346 730 Jan. 10 D. C.-2. Ark. Ohio. Floral City Broadcasting Co., Monroe, Mich__ 8579 1430 Apr. 21 D. Ç.-I.. Ohlendorf, H. H., Osceola, Ark______8551 860 Apr. 4 D. C.-l. Florida East Coast Broadcasting Co., Miami, 8643 1230 Feb. 24 D. O.-l. Oliver Broadcasting Gorp. (WPOR), Portland, 6068 1060 May 9 D. C.-2. Fla. Maine. Frederick Broadcasting Co., Frederick, Md___ 9107 1330 May 10 p . S H - The Orange Belt Station, Redlands, Calif...... 8787 610 Mar. 21 D. C.-l. Frequency Broadcasting System, Inc.,‘Men- 8586 600 Apr. 14 D. O.-l. Orange County Broadcasting C o, Santa Ana, 8454 850 Jan. 10 D. C.-l. roe, La. Calif. Frequency Broadcasting System, Inc., Shreve- 8161 1050 Feb. 17 D. O.-l. Ottawa Broadcasting Co., Ottawa, Kans...... 9081 1220 - June 1 D. jO.-I. port, La. Thursday, October 14, 1948 FEDERAL REGISTER 6037

P akt I—Continued

Docket Frè- Docket Fre­ Date Place Name No, quenoy Date Place Name No. quency

Panama City Broadcasting Co. (WDLP), 8904 590 Jan. 13 D. C.-l. Smith, Patrick G., Bishop, Calif...... 8702 550 May 24 D. C.-l. Panama City, Fla. S o u th e rn C a lifo rn ia Broadcasting Co. 6737 830 Jan. 10 D. O.-l. Parish Broadcasting Corp., Minden, La____ 8409 1240 Dee. 16 F-l. (KWKW), Pasadena, Calif. Pasadena Presbyterian Church (KPPO), 9135 1240 June 6 D. 0.-2. Steel City Broadcasting Co., Gary, Ind...... 8178 1370 Mar. 17 D. C.-l. Pasadena, Calif. Steel City Broadcasting Corp., Gary, Ind...... 8219 1080 Feb. 28 D. C.-l. Patterson, S. H. (KVAK), Atchison, Kans___ 8553 APL Nov. 1 D. C.-l. Suburban Broadcasting Corp. New Rochelle, 9123 1460 May 23 D. O.-l. Patterson, S. H. (KJAY), Topeka, Kans_____ 8886 1440 May 23 D. 0.-2. N. Y. Payne County Broadcasters, Cushing, Okla__ 9103 1600 June 6 D. C.-l. Suburban Broadcasting Corp., Upper Darby, 8232 1170 Feb. 2 D. O.-l. Pekin Broadcasting Co., Inc. (WSIV), Pekin, 8342 1150 Feb. 23 D. C.-l. Pa. III. Suffolk Broadcasting Corp., Patchogue, N. Y__ 8921 1370 June 2 D. C.-l. Pellegrin and Smeby, Detroit, M ich...... 8431 1440 Mar. 28 D. C.-l. Sun Country Broadcasting Co. (KPSC), 9025 1270 Apr. 25 D. C.-l. Peninsula Broadcasting Corp., Pontiac, Mich.. 9005 1380 May 25 D. C.-l, Phoenix, Ariz. Penn-Allen Broadcasting Co., Allentown, P a.. 8876 FM lOct. 27 D. O.-l. Sun Country Broadcasting Co. (KTSC), 9026 580 ...d o ...... D. C.-l. Perkins, Mark, San Antonio, Tex______9079 1240 Jan. 12 F-l. Tuscon, Ariz. The Ponca City Publishing Co., Ponca City, 8183 1460 Mar. 14 D. 0.-2. Sun Country Broadcasting Co. (KPSC), 9027 1270 ...d o ...... D. C.-l. Okla. Phoenix, Ariz. Portorican American Broadcasting Co., Inc. 8638 R Nov. 17 D. C.-l. Tampa Times Co. (WDAE), Tampa, Fla____ 8672 810 Dec. 13 D. C.-l. (WPAB), Ponce, P. R. Terrell Broadcast Corp., Terrell, Tex...... 8176 1570 Mar. 21 D. C.-2. Powell, Hugh J. (KGGF), Coffeyville, Kans... 7951 690 Nov. 8 D. C.-l. Texas Star Broadcasting Co. (KTHT) Hous- 9089 1030 Mar. 7 D. C.-l. Public Service Broadcasters, Inc., Toledo, Ohio. 8210 730 Jan. 10 D. C.-2. ton, Tex. Puerto Rico Communications Authority, San 8920 FM Oct. 25 D. C.-l. Three Rivers Broadcasting Co., Kennewick, 8600 1450 Nov. 12 F-l. Juan, P. R. Wash. Puget Sound Broadcasting Co., Inc. (KVI), 8628 570 Jan. 20 D. C.-2. The Times Herald Co. (WTTH), Port Huron, 9006 1380 May 25 D. C.-l. Tacoma, Wash. Mich. Pure Bred Broadcasting Co., Richmond, K y~. 8617 1550 Apr. 11 D. C.-2. The Times Picayune Publishing Co. (WTPS), 8861 940 Mar. 31 D. C.-2. Radio Anthracite, Inc. (WHWL), Nantieoke, 8934 980 Jan. 5 D. C.-l. New Orleans, La. Pa. Tinley, S. H., Baltimore, M d...... 8997 1400 Oct. 18 F-l. Radio Broadcasting Corp., LaSalle-Peru, H i... 8197 1080 Feb. 28 D. C.-l. The Toledo Blade Co., Toledo, Ohio______8830 1470 Jan. 24 D. C.-2. Radio Calumet, Inc.f Gary, Ind—...... 8452 1270 Jan. 17 D. C.-l. Tomek, John R., Wausau, Wis...... 8881 1230 Oct. 27 F-2. Radio Corp. o( the Board-of Missions and 7665 FM Dec. 13 F-2. Tribune Building Co. (KLX), Oakland, Calif.. 8379 910 Jan. 31 D. C.-2. Church Extension of the Methodist Church, Trinity Broadcasting Corp. (KLIF), Oak Clift, 8745 1480 May 9 D. C.-l. Inc., New York, N. Y. Radio Delino, Delano, Calif...... 8759 1350 Nov. 17 F-2. Twin Cities Broadcasting Corp. (WDGY), 8395 BS Dec. 6 D. C.-l. Radio Enterprises, Inc. (KELD), El Dorado, 8114 690 Nov. 8 D. C.-l. Minneapolis, Minn. Ark. United Nations Broadcasting Corp., San Fran- 8615 610 May 2 D. C.-2. Radio Lakewood, Inc., Lakewood, Ohio_____ 8460 1380 Apr, 7 D. C.-l. cisco, Calif. Radio New Orleans, Inc.* New Orleans, La___ 8875 1400 Dec. 14 F-l. Unity Corporation, Inc. (WTOD), Toledo, 8001 1470 Jan. 24 D. C.-2. Radio Santa Cruz (KSCO), Santa Cruz, Calif.. 8552 1080 Feb. 23 D. C.-2. Ohio. Radio South, Inc., Jacksonville, Fla------8105 1400 Oct. 25 F-l. Van Wert Broadcasting Corp., Van Wert, Ohio. 8700 860 May 18 D. C.-2. Radio Station KRMD, Shreveport, La...... 8919 1480 Mar. 14 D. C.-l. Voice of the Valley Co., Van Nuys. Calif_____ 8849 890 Mar. 21 D. C.-l. Radio St. Clair, Inc., Marine City, Mich__... 9145 1590 June 1 D. 0.-2. Vulcan Broadcasting Co.,'©irmihgham, Ala__ 9023 1490 Jan. 24 F-2. Radio Tennessee, Inc., Memphis, Tenn----- ... 8550 860 A T) O 1 7825 1450 F -l. Redlands Broadcasting Co., Redlands, C alif.- 8499 550 Apr. 14 D. C.-2. Weeks, Robert L. (KBLF), Red BlufT, Calif... 9125 AL Nov. 8 F-2 Red Oak Radio Corp., Red Oak, Iowa______9082 1220. June 1 D. C.-2. Weilarid. Jonas (WFTC). Kingston, N. C...... 9124 AL Nov. 24 D. C.-l. R. I. Broadcasting Co. (WRIB), Providence, 8298 1220 20 D. C.-l. West Allis Broadcasting Co., West Allis, Wis.. 8509 1570 Mar. 24 D. C.-2. R.I. West-Essie Binkley, Riverside, Calif...... 8852 900 Mar. 21 D. C.-l. Rib Mountain Radio, Inc., Wausau, W is.----- 8882 1230 Oct. 27 F-2. Whittier Broadcasting Associates, Whittier, 8720 1360 May 25 D. C.-2. Richland Broadcasting Corp,, Richland Cen­ 9075 1450 Oct. 25 F-2. Calif. ter, Wis. Whittier Broadcasting Co., Whittier, Calif...... 8721 1360 ...d o ___ D. C.-2. Riverside Broadcasters, Riverside, Calif...... 9111 860 Jan.- 10 D. C.-l. Williamson Broadcasting Corp., Pikeville, Ky. 8259 1490 Nov. 22 F-l. Roark, W. W., Coleman, T e x ...... 8140 1230 Jan. 14 F-l. W inchester Broadcasting Corp., Winchester, 8638 1370 Apr. 18 D. C.-2. Rock Creek Broadcasting Corp., Washington, 8027 840 Feb. 21 D. C.-l. Va. D. C. " Wolfe, Robert F., Co., Fremont, Ohio______8589 900 Feb. 7 D. C.-l. The Rural Broadcasting Co., of Ohio, Oak Har­ 9130 1470 Jan. 24 D. C.-2. Wood, Grant A., Hyattsvllle, M d...... 9128 1540 ...d o ...... D. C.-2. bor, Ohio. Woodward Broadcasting Co., Detroit, M ich... 8167 840 Mar. 29 D. C.-2. Ruston Broadcasting Co„ «Ruston, La------0092 1230 17 F-l 8878 1240 F-2. Sayre Printing Co., Sayre, P a ...... 8256 1340 Oct. 21 F-l. Worcester Broadcasting Co., Worcester, Mass.. 8995 970 Feb. 21 D. C.-2. Scenic City Broadcasting Co., In c , Middle- 7820 1200 Jan. 20 D. C.-l. Wyandotte, News Co., Wyandotte, Mich...... 7756 1540 Jan. 31 D. O.-l. town, R. I. WZHD, Inc., Warren, Ohio...... — 8076 830 Mar. 3 D. C.-2. Seminole Broadcasting Co., Wewoka, Okla...... 8025 720 Feb. 10 D. C -1. 9076 1050 Feb. 3 D. C.-l. Shelby Broadcasting Co., Center, Tex...... 8855 1490 Dec. 20 F-l. York Broadcasting Co. (WORK), York, Pa— 8246 1350 Mar. 31 D. O.-l. Silver City Crystal Co. (WMMV), Meriden, 8832 1470 May 18 D. C.-l. Conn.

P art II

CHRONOLOGICAL LIST O i HEARINGS ON BROADCAST APPLICATIONS FOR THE PERIOD OCT. 18, 1948-JUNE 6, 1949 1 D. C .l D .C . 2

Fre­ Docket Place Fre­ Docket Place Date No. quency No. quency

1948 Oct. 18 8349 Bakersfield, Calif. (K ER N )... 1410 19 9016 Sacramento, Calif...... -i FM- \ 21 7339 Reading, Pa. (WEEU)...... 850 25 8920 San Juan, P. R ______.... FM 27 8875 Allentown, P a ...... 1... FM Nov. 1 8553 Atchison, Kans. (KVAK)____ AP . 8 7950 Tyler, Tex. (KGKB)...... 690 7951 Coffeyville, Kans. (KGGF)— 690 8114 El Dorado, Ark. (KELD)___ 690 17 8688 Ponce, P. R. (W PAB)...... R 22 8994 Davenport, Iowa...... FM 24 9124 Kinston, N. C. (W FTC)...... AL Dec. 6 8395 Minneapolis, Minn. (WDGY) BS 13 8011 San Francisco, Calif. (KGO).. 810 8012 Denver, Colo...... 810 8162 Schenectady, N. Y. (WGY)_. BS 8338 Kansas City, Mo. (KCMO)__ 810 8672 Tampa, Fla. (WDAE)...... 810 1949 Jan. 5 6883 Shenandoah. P a...... 980 8427 Leaksville, N. C. (WLOE)...... ML 8934 Nantieoke, Pa. (WHWL).... 980 10 6737 Pasadena, Calif______830 7346 730 8454 Santa Ana, Calif______850 7942 730 9110 ...... do...... 850 8210 730 9111 Riverside, Calif______860 13 8904 Panama City, Fla. (WDLP). ML 8632 Lapeer, Mich. (WMPC)...... ML V 7185 Gary, Ind.______1270 8285 PnfprflíMlj M, T (WPAT1 930 8452 ...... do______I______1270 8627 Frederick. Md. (W FM D)...... 930 20 7820 Middletown, R. I...... 1200 8628 ML 8298 Providence, R. I. (W RIB)... 1220 6038 NOTICES

P art II—Continued

CHRONOLOGICAL LIST OF HEARINGS ON BROADCAST APPLICATIONS FOR THE PERIOD OCT. 18, 1948-JUNE 6, 1949— Continued

D. C .l D. 0 .2

Docket Fre- Docket Fre­ Date No. Place quency No. Place quency

1949 7629 Evanston, 111 ...... 1620 8001 1470 8119 1520 8684 1470 8261 Clinton, Hi. (WHOW) ______\ ...... 1520 8685 1470 8830 ___ do...... 1470 9130 Oak Harbor, Ohio...... 1470 27 8049 Coos Bay, Oreg. (KOOS)______630 8397 Boise, Idaho (KIDO)...... 630 SI 7756 Wyandotte, Mich______1540 8379 Oakland, Calif. (KLX)...... 910 8718 Hämtramck, Mich...... 1540 8844 Monroe, Mich______... 1540 Feb. 2 8232 Upper Darby, P a______1170 7655 13Q0 8388 Anniston, Ala...... 1390 3 7793 Anderson, S. C______1070 9076 1050 7 7941 Hillsdale, Mich...... 900 9127 IMO 8589 Fremontj Ohio.______900 9128 IMO 10 8025 Wewokaj Okla______^______J...... 720 9118 Middletown, Ohio (W PFB).-- MI, 14 7909 Rochester, N. Y. (WRNY)...... 680 8257 1390 8883 Escanaba, Mich. (WDBC)...... 680 16 8381 1580 17 8161 Shreveport. T,a ...... _____ ...... 1050 8266 710 21 8027 Washington, D. C_.____...... 840 8995 970 23 8342 Pekin, 111. (WSIV)...... MP 8552 MP 24 8643 Miami, Fla. (WFEC)...... MP 28 8197 Peru, 111...... 1080 8856 1570 8198 Normal, 111...... 1080 8857 1570 8218 Valparaiso, Ind______1080 8219 Gary, Ind...... 1080 8778 Cortland, N.Y. (WERT)...... MP 8076 830 7 9086 Marlin, Tex______1010 8360 Weslaco, Tex. (KRGVj...... 1290 9087 Houston, Tex. (KWBU).______... 1030 9088 Corpus Christi, Tex...... !______1010 9089 Houston, Tex. (KTHT)...... 1030 10 8276 600 8417 Lafayette, La. (KVOL)...... 1480 8183 Ponca City, Okla______...... 1460 8919 Shreveport, La. (KRMD)______1480 8909 Chanute, K a n s...... 1460 17 8178 Gary, Ind...... 1370 21 8787 Redlands, Calif______910 8176 1570 8849 Van Nuys, Calif______890 8850 Los Angeles, Calif...... ______900 8851 Long Beach, Calif...... 890 8852 RiversiderCalif______900 23 9074 Provo, Utah (KNEU)...... jt ...... MP 24 8509 1570 28 8431 Detroit, Mich...... * —7 1440 8152 680 9021 Hamtramck, Mich...... 1440 29 8167 840 30 8689 Aliquippa, Pa...... :...... 990 31 8246 York, Pa. (W O R K )...... 1350 8861 MP Apr. 4 8550 Memphis, Tenn______860 9131 Wilkes-Barre, Pa. (WBRE)___ 1340 8551 Osceola, Ark...... 860 9132 1320 9133 Scranton, Pa. (W SCR)...... ;__ ..... 1320 7 8460 Lakewood, Ohio...... 1380 8828 1140 11 8641 Los Angeles, Calif...... '...... 930 8617 1550 13 8910 Anaconda, Mont. (KANA)...... 14 8410 Bastrop, La ...... __:...... 900 8499 550 8586 Monroe, La...... 900 18 8673 Patchogue, N. Y ...... ______1580 8638 1270 8674 ...... do.”.. . ’...... 1580 8842 950 19 8591 Monroe, Mich...... 920 21 8579 ...... do__...... :____ 1430 8829 San Juan, P. R. (WEMB)__ MP 25 9025 Phoenix, Ariz. fKPSC)______MP 8691 Detroit, Mich. (WJBK)...... 1500 9026 Tuscon, Ariz. (KTSC)...... 1 MP ' 8692 Adrian, Mich. (WABJ)...... 1490 9027 Phoenix, Ariz. (KPSC)______f...... '______MP 28 8208 Whiteflsh Bay, W is...______920 8779 1150 May 2 9104 Dunkirk, N. Y ...... 1410 8615 610 9105 Jamestown, N. Y. (WJOC)______1410 8932 610 6 8712 Enid, Okla'. (KCRC)...... 1390 9002 1370 9 8714 Dallas, Tex...... 1470 9068 1060 8715 Oak Cliff, Tex...... 1480 9069 1060 10 9107 Frederick, M d______1330 12 - 8687 Oak Park, 111...... 1350 8831 Columbus, M is s...... ______1. 580 16 8836 Harlingen, Tex. _ . . . ______. ______.. 850 8699 Taylorville, 111.....____ ..... ______1410 18 8832 Meriden, Conn. (WMMW)______1470 8700 860 19 8610 Bay City. Mich __ . ______... .. 1350 8708 1150 23 9123 New Rochelle, N. Y ______. . . . . ______1460 8886 Topeka, Kans. (KJAY)______...... MP 24 8702 Bishop, Calif . —_ — f ______— . — 550 25 9005 Pontiac, Mich...... 1380 8720 Whittier. Calif______1360 9006 Port Huron, Mich. (W TTfl)______J 1380 8721 ___ do______1360 26 9085 Mansfield, Pa . ____ ------'- ______1050 9081 Ottawa, Kans . .. - ___ . ______-- . ______1220 9145 Marine City, Mich______1590 9082 1220 2 8921 1370 6 9102 Cushing, Okla.-T_r- ... . ______1C00 0136 Pasadena, Calif. (KPPC)___. . . ______... 1240 9103 1600 Thursday, October 14, 1948 FEDERAL REGISTER 6039

P a r t II—Continued CHRONOLOGICAL LIST OF HEARINGS QN (SROADCAST APPLICATIONS FOR THE PERIOD OCT. 18, 1948-JUNH 6, 1049— c o n tin u e d

Field 1 Field 2

Fre­ Docket Fre­ Docket Place Place quency Date No. quency No. 1948 Oct. 18 8996 Baltimore, M d. 1400 8997 8929 1450 20 8930 I Beatrice, Nebr. 21 8256 Sayre, Pa...... 1340 1340 22 9070 Sebring, Fla____ 1450 25 8105 Jacksonville, Fla. 1400 9075 Richland Center, Wis- 8587 Brunswick, Ga... 1340 8208 8881 Wausau, W is.....____ 1230 27 8882 29 8204 Greensboro, N. C------1400 7825 Aberdeen, Wash, (at Hoquiam). 1450 8884 Hoquiam, W ash.------1450 8884 ►Sturgeon Bay, Wis. 1340 Nov. 1 7826 8884 8884 1320 8004 Manistee, Mich...... 1340 4 8374 Aberdeen, Wash. (KXRO) (at Hoquiam). AL Kelso, Wash...... 1240 9125 Red Bluff, Calif. (KBLF). 8 8686 8642 Auburn, Calif...... 1490 10 12 8600 Kennewick, Wash. 1450 1230 9129 Madera, Calif. 1340 15 8998 Conway, Ark...... 1340 ___do______1230 9129 ___ do...... 8999 8758 Delano, Calif.. 1340 8759 ...... do...... 1350 18 8983 Fort Smith, Ark. L 8984 ___ do...... FM 1340 8259 8065 Tulsa, Okla...... 1400 22 9066 __ .do...... • 1340 8259 •Plkeville, K y ... ___ do______1340 8259 9087 8880 Paintsville, Ky. 1490 24 8435 Springfield; Mo. 1340 8731 8732 ^Boston, Mass. FM 29 8733 8841 San Diego, Calif. (KLIK). 1450 Dec. 2 8116 8911 Boston, Mass. (WMEX). R 3 8912 ..do.,...... TO 8847 (Lancaster, Calif— 1340 8848 Los Angeles, Calif. PED 8716 Greenwich, C onn..T. 1490 9073 8717 Norwalk, Conn___ _ 1490 8302 Morgan City, L a.. 1450 7665 9054 9055 [•New York, N. Y. FM 9056 9057 1400 14 8875 New Orleans, La. 8044 Albuquerque, N. Mex. (KOB). 15 1240 16 8409 Mlnden, La. 17 9092 Ruston, La.. 1230 1490 20 8855 Center, Tex'. 1949 Jan. 10 Alamo Heights, Tex. 1240 9109 Orange, Va...... 1340 1240 9108 Harrisonburg, Va. 1340 12 9079 San Antonio, Tex— 14 Coleman, Tex...... 1230 8140 8593 Rome, Ga. (WROM)____ 1400 17 8594 Rome^Ga. (WLAQ)------1400 8526 Bessemer, Ala...... 1450 20 8527 Ensley, Ala______... 1450 21 9023 Birmingham, Ala______... 1490 24 8878 Memphis, Tenn...... — 1240 26 8879 Memphis, Tenn. (WDIA). 1240 26

« P a r t III LIST OF APPLICATIONS SCHEDULED FOR HEARING ACCORDING TO DOCKET NUMBERS

Fre­ Docket Fre- Docket Date Place Name luency Date Place No. Name quency No.

Dec. 13 D. O.-l. 6737 Southern Calif. Broadcasting Co. (KWKW), 830 Jan. 10 D. 0.-1» 8012 Denver Broadcasting Co., Denver, Colo— 810 Pasadena, Calif. 8025 Seminole Broadcasting Co., Wewoka, Okla— 720 Feb. 10 D. O.-l. 6883 ¿ Crescent Broadcast Corp., Shenandoah, P a ... 980 Jan. 5 D. C.-l. 8027 Rock Creek Broadcasting Corp., Washing­ 840 Feb. 21 D. O.-l. Jan. 17 D. C.-l. ton, D. O. 7185 Lake Broadcasting Co., Ino., Gary, Ind...... 1270 F-2. 7339 Berks Broadcasting Co. (WEEU), Reading, 850 Oct. 21 D. C.-l. 8044 Albuquerque Broadcasting Co. (KOB), Dec. 15 Albuquerque, N. M. Pa. D. O.-l. 7346 Ohio-Michigan Broadcasting Corp., Toledo, 730 Jan. 10 D. C.-2. 8019 KOOS, Inc. (KOOS), Coos Bay, Oreg...... 630 Jan. 27 Ohio. 8065 Fred Jones Broadcasting Co. (KFMJ), Tulsa, 1340 Nov. 22 F-l. 7629 Lake Shore Broadcasting Co., Evanston, 111... 1520 Jan. 24 D. C.-l. Okla. 1390 Feb. 2 D. 0.-2. 8076 WZHD, Inc., Warren, Ohio...... 830 Mar. 3 D. 0.-2. 7665 James A. Noe (KNOE). Monroe, La...... F-l. 7665 Radio Corporation of the Board of Missions FM Dec. 13 F-2. 8105 Radio South, Inc., Jacksonville, F la ...... 1400 Oct. 25 and Church Extension of the Methodist 8114 Radio Enterprises, Inc. (KELD), JE1 Dorado, 690 Nov. 8 D. O.-l. Church, Inc;, New York, N. Y. Axis! Jan. 31 D. O.-l. 8116 Balboa Radio Corp., San Diego, Calif...... 1450 Dec. 2 F-l. 7756 Wyandotte News Co., Wyandotte, Mich...... 1540 D. O.-l. 7793 Anderson Broadcasting Co., Inc., Anderson, 1070 Feb. 3 D. C.-l. 8119 Lake States Broadcasting Co., Milwaukee, 1520 Jan. 24 S. C. Wis. D. C.-l. 8140 W. W. Roark, Coleman, Tex...... 1230 ...d o ...... F-l. 7820 Scenic City Broadcasting Co., Inc., Middle- 1200 Jan. 20 D. 0.-2. town, R. I. 8152 Empire Broadcasting Co., Pomona, Calif----- 680 Mar. 28 7825 Ben K. Weatherwax, Aberdeen, Wash...... 1450 Nov. 1 F-l. 8161 Frequency Broadcasting System, Inc., Shreve­ 1050 Feb. 17 D. O.-l. 7826 1.450 ___do___ F-l. port, La. 7909 Monroe Broadcasting Co., Inc. (WRNY), 680 Feb. 14 D. O.-l. 8162 General Electric Co. (WGY), Schenectady, BS Deo. 13 D. O.-l. Rochester, N. Y. N. Y. 7941 Hillsdale Broadcasting Co., Inc., Hillsdale, 900 Feb. 7 D. C.-l. 8167 Woodward Broadcasting Co., Detroit, Mich.. 840 Mar. 29 D. C.-2. Mich. 8176 Terrell Broadcast Corp., Terrell, Tfex...... 1570 Mar. 21 D. 0.-2. 7942 Abe Lapides, Pontiac, M ich ...... 730 Jan. 10 D. C.-2. 8178 Steel City Broadcasting Co., Gary, I n d ...— 1370 Mar. 17 D. C.-l. 7950 East Texas Broadcasting Co. (KGKB), Tyler, 690 Nov. 8 D. O.-l. 8183 The Ponca City Publishing Co., Ponca City, 1460 Mar. 14 D. C.-l. Tex. Okla. 7951 H. J. Powell (KGGF), CofTeyville, Kans------690 — do___ D. O.-l. 8197 Radio Broadcasting Corp., La Salle-Peru, 111. 1080 Feb. 28 D. O.-l. 8001 Utility Corporation, Inc. (WTOD), Toledo, 1470 Jan. 24 D. 0.-2. 8198 McLean County Broadcasting Co., Normal, 1080 _.-do----- D. O.-l. • Ohio. 111. 8004 Manistee Radio Corp., Manistee, Mich...... 1340 Nov. 4 F-2. 8202 Metropolitan Broadcasting Co. of Milwaukee, 920 Apr. 28 D. O.-l. 8011 American Broadcasting Co., Inc. (KGO), 810 Dec. 13 D. O.-l Whitetish Bay, Wis. San Francisco, Calif. 8204 Guilford Broadcasting Co., Greensboro, N. C 1400 Oct. 29 F -l. No. 201------4 6040 NOTICES

P a s t III—Continued

LIST OT APPLICATIONS SCHEDULED POR HEARING ACCORDING TO DOCKET NUMBERS—C o n tin u ed

Docket Fre- Docket Fre­ No. Name quency Date Place No. Name quency Date Place

8208 Lakeland Broadcasting Oorp., Wausau, W is.. 1230 Oct. 27 F-2. 8699 Christian County Broadcasting Co., Taylor- 1410 May 16 D. C.-2 - 8210 Public Service Broadcasters, Inc., Toledo, 730 Jan. 10 D. 0.-2. ville, 111. Ohio. 8700 Van Wert Broadcasting Oorp., Van Wert, 860 May 18 D. C.-2 8218 Northwestern Indiana Radio Co., Inc., Val- 1080 Feb. 28 D. O.-l. Ohio. paraiso, Ind. 8702 Patrick G. Smith, Bishop, Calif______550 May 24 D. C.-l 8219 Steel City broadcasting Corp., Gary, Ind___ 1080 ...d o . D. O.-l. 8708 1150 D. C -2 8232 Suburban Broadcasting Corp.! Upper Darby, 1170 Feb. 2 D. O.-l. 8712 Enid Radiophone Co. (KCRC), Enid, Okla.. 1390 May 5 D. O.-l Pa. 8714 Lakewood Broadcasting Co., Dallas, Tex...... 1470 May 9 D. a - i 8246 York Broadcasting Co. (WORK), York, P a... 1350 Mar. 31 D. O.-l. 8715 Trinity Broadcasting Corp. (KLIF), Oak 1480 — do...... D. C.-l 8256 Sayre Printing Co., Sayre, Pa...... 1340 Oct. 21 F -l. Cliff, Tex. 8257 Ellis County Broadcasting Co., Waxahachie, 1390 Feb. 14 D. C.-2. 8716 Greenwich Broadcasting Corp., Greenwich, 1490 Dec. 6 F-2. Tex. Conn. 8259 Williamson Broadcasting Corp., Pikeville, Ky. 1490 Nov. 22 F-l. 8717 Fairfield County Broadcasting Co., Norwalk, 1490 Dec. 10 F-2. 8261 Combelt Broadcasting Co., Clinton. Ill...... 1520 Jan. 24 D. C.-l. Conn. 8266 The Heights Broadcasting Co., Cleveland, 710 Feb. 17 D. 0.-2. 8718 Cadillac Broadcasting Co., Hamtramck, 1540 Jan. 31 D. C.-l. Ohio. Mich. 8276 Coconino Broadcasting Co., Flagstaff, Arlz__ 600 Mar. 10 D. 0.-2. 8720 Whittier Broadcasting Associates, Whittier, 1360 May 25 D. C.-2. 8285 North Jersey Broadcasting Co., Inc. (WPAT) 930 Jan. 17 D. 0^2. Calif. Paterson, N. J. 8721 Whittier Broadcasting Co., Whittier, Calif__ 1360 _-.do.____ D. C.-2. 8298 R. I. Broadcasting Co. (WRIB).Providence.R. L. 1220 Jan. 20 D. C.-l. 8731 Beacon Broadcasting Co., Inc., Boston, Mass.. FM Nov. 29 F-2. 8302 Charles Wilbur Lamar, Jr., Morgan City, La.. 1450 Dee. 13 F-l. 8732 The Northern Corp., Boston, Mass...... FM — do...... F-2. 8338 KCMO Broadcasting Co. (KCMO), Kansas 810 ...do. __ D. O.-l. 8733 Boston Radio Co., Inc., Boston, Mass...... FM ...d o ...... F-2. City, Mo. 8758 George F. Haddican, Delano, Calif...... 1340 Nov. 17 F-2.* 8342 Peking Broadcasting Co., Inc. (WSIV), 1150 Feb. 23 D. C.-l. 8759 Radio Delano, Delano, Calif______."...... 1350 ..-do___ F-2. Pekin, 111. 8778 Cortland Broadcasting Co., Inc. (WKRT), 920 Mar. 3 D. O.-l. 8349 McClatchy Broadcasting Co.; Bakersfield, 1410 Oet. 18 D. C.-l. Cortland, N. Y. Calif. 8779 Burlington-Graham Broadcasting Co. 1150 Apr. 28 D. C.-2. 8360 KRGV, Inc. (KRGV), Weslaco, Tex...... 1290 Mar. 7 D. C.-2. (WFNS), Burlington, N. C. 8374 KXRO, Inc. (KXRO), Aberdeen, Wash...... 1320 Nov. 4 F-l. 8787 The Orange Belt Station, Redlands, Calif...... 910 Mar. 21 D. C.-l. 8379 Tribune Building Co. (KLX), Oakland, 910 Jan. 31 D. C.-2. 8828 The Master Broadcasting Corp., Rio Piedras, 1140 Apr. 7 D. 0,-2. Calif. P. R. 8381 Gila Broadcasting Co., Winslow, Ariz______1580 Feb. 16 D. C.-2. 8829 El Mundo Broadcasting Corp. (WEMB), San 1190 Apr. 21 D. C.-2. 8388 Model City Broadcasting Co., Anniston, Ala.. 1390 Feb. 2 D. C.-2. Juan, P. R. 8395 Twin Cities Broadcasting Corp.. (WDGY), BS Dèe. 6 D. O.-l. 8830 The Toledo Blade Co., Toledo, Ohio...... 1470 Jan. 24 D. C.-2. Minneapolis, Minn. 8831 Birney Imes, Jr. (WCBl), Columbus, Miss... 580 May 12 D. 0.-2. 8397 KIDO, Inc. (KIDO), Boise, Idaho...... 630 Jan. 27 D. C.-l. 8832 Silver City Crystal Co. (WMMV), Meriden, 1470 May 18 D. C.-l. 8400 1240 16 F-l. 8410 Bastrop Broadcasting Co., Bastrop, L a --..-.. 900 Apr. 14 D. C.-l. 8836 Harbenito Broadcasting Co., (KGBS), Harlin- 850 May 16 D. C.-l. 8417 Evangeline Broadcasting Co. (KVOL), La- 1480 Mar. 14 D. C.-l. gen, Tex. fayette, La. 8841 Bunker Hill Broadcasting Co., Boston, Mass.. FM Nov. 29 F-2. 8427 Douglas L. Craddock (WLOE), Leaksville, 1490 Jan. 5 D.C.-2. 8842 Richard Field Lewis, Jr. (WINC), Win- 950 Apr. 18 D. C.-2. N. C. Chester, Va. 8431 1440 Mar. 28 D. C.-l. 8844 1540 D C -1. 8435 Kickapoo Prairie Broadcasting Co., Inc., 1340 Nov. 29 F-l. 8847 Antelope Valley Broadcasting Go., Lancaster, 1340 Dec. 6 F-l. Springfield, Mo. Calif. 8452 Radio Calumet, Inc., Gary, Ind------1270 Jan. 17 D. C.-l. 8848 Antelope Broadcasting Co., Inc., Lancaster, 1340 ...d o ...... F-l. 8454 Orange County Broadcasting Co., Santa Ana, 850 Jan. 10 D. C.-l. Calif. Calif. 8849 Voice of the Valley Co., Van Nuys. C alif...... 890 Mar. 21 D. C.-l. . 8460 Radio Lakewood, Inc., Lakewood, Ohio_____ 1380 Apr. 7 D. C.-l. 8850 William & Lee Odessky, Los Angeles, Calif... 900 — do._— D. C.-l. 8499 Redlands Broadcasting Co., Redlands, Calif.. 550 Apr. 14 D. C.-2. 8851 Leland Holzer, Long Beach, Calif______890 .._do___ D. C.-l. 8509 West Allis Broadcasting Co., West Allis, Wia.. 1570 Mar. 24 D. C.-2. 8852 Essie Binkley West. Riverside, Calif...... 900 — do...... D. C.-l. 8526 Bessemer Broadcasting Co., Bessemer, Ala— 1450 Jan. 20 F-2. 8855 Shelby Broadcasting Co., Center, Tex...... 1490 Dec. 20 F-l. 8527 Ensley-Fairfield Broadcasting Co., Ensley, 1450 Jan. 21 F-2. 8856 Northampton Braodcasting Co , Northamp- 1570 Feb. 28 D. C.-2. Ala. ton, Mass. 8650 Radio Tennessee, Inc., Memphis, Tenn...... 860 Apr. 4 D. C.-l. 8857 Robert C. Hodgkins, Northampton, Mass___ 1570 _..do...... D. C.-2. 8551 860 ___do_ D. C.-l. 8861 940 Mar. 81 D. C.-2. 8552 Radio Santa Cruz (KSCO), Santa Cruz, Calif. 1080 Feb. 23 D .C.-2. New Orleans, La. 8553 S. H. Patterson (KVAK), Assignor, Albert AP Nov. i D. C.-l. 8875 Radio New Orleans, Inc., New Orleans, L a ... 1400 Dec. 14 F-l. Alvin Almada, assignee, Atchison, Kans. 8876 Penn-Allen Broadcasting Co., Allentown, P a.. FM Oct. 27 D. C.-l. 8579 Floral City Broadcasting Co., Monroe, Mich. 1430 Apr. 21 D . C.-l. 8878 David Harold Woolridge, Memphis, Tenn___ 1240 Jan. 26 F-2. 8586 Frequency Broadcasting System, Inc., Mon- 900 Apr. 14 D. C.-l. ' 8879 Bluff City Broadcasting Co., Ltd., Memphis, 1240 . . . do...... F-2. roe, La. Tenn. 8587 Brunswick-Island Broadcasting Co., Bruns- 1340 Oct. 27 F -l. 8880 Big Sandy Broadcasting Co., Paintsville, Ky.. 1490 Nov. 24 F-2. wick, Ga. .8881 John R. Tomek, Wausau, Wis...... 1230 Oct. 27 F-2. 8589 900 Feb. 7 D. O.-l. 8882 1230 F-2 8591 Monroe Publishing Co., Monroe, Mich_____ 920 Apr. 19 D. O.-l. 8883 Delta Broadcasting Co. (W'DBC), Escanaba, 680 Feb. 14 D. C.-l. 8593 CoosaValleyRadioCo.(W ROM), Rome, Ga... 1400 Jan. 17 F-2. Mich. 8594 News Publishing Co. (WLAQ), Rome, Ga__ 1400 --.do- __ F-2. 8884 Door County Broadcasting Co., Inc., Sturgeon 1340 Nov.- 1 F-2. 8600 Three Rivers Broadcasting Co., Kennewick, 1450 Nov. 12 F -l. Bay, Wis. Wash. 8886 S. H. Patterson (KJAY), Topeka, Kans___¿. 1440 May 23 D. C.-2. 8610 Griner-Dillon Broadcasting Co., Bay City, 1350 May 19 D. C.-l. 8904 Panama City Broadcasting Co. (WDWBj, 590 Jan. 13 D. C.-l. Mich. Panama City, Fla. 8615 United Nations Broadcasting Corp., San 610 May 2 D.C.-2. 8909 Chanute Broadcasting Co., Chanute, Kans__ 1460 Mar. 14 D. C.-2. Francisco, Calif. 8910 Mosby’s Inc. (KANA), Anaconda, Mont___ 930 Apr. 13 D. O.-l. 8617 Pure Bred Broadcasting Co., Richmond, K y.. 1660 Apr. 11 D. C.-2. 8911 The Northern Corp. (WMEX), Boston, Mass. R Dec. 3 F-2. 8627 The Monocacy Broadcasting Co. (WFMD), 930 Jan. 17 D. 0.-2. 8912 Do...... TC ...d o __ F-2. Frederick, Md. 8919 Radio Station KRMD, Shreveport, La...... 1480 Mar. 14 D. O.-l. 8628 Puget Sound Broadcasting Co., Inc. (KVI), 570 Jan. 20 D. O. -2. 8920 P. R. Communications Authority, San Juan, FM Oct. 25 D. C.-l. Tacoma, Wash. P. R. 8632 The Liberty St. Gospel Church (WMPC), 1230 Jan. 13 D. O.-l. 8921 Suffolk Broadcasting Corp., Patehogue, N. Y__ 1370 June 2 D. C.-l. Lapeer, Mich. 8928 Metropolitan Broadcasting Co., Alamo 1240 Jan. 10 F-l. 8638 Winchester Broadcasting Corp., Winchester, 1270 Apr. 18 D. 0.-2. Heights, Tex. Va. 8929 Blue Valley Broadcasting Co., Beatrice, Nebr. 1450 Oct. 20 F-2. 8641 Cosmopolitan Broadcasting Co., Los Angeles, 960 Apr. 11 D. C.-l. 8930 Beatrice Broadcasting Co., Beatrice, Nebr...... 1450 ...d o ...... F-2. Calif. 8932 El Camino Broadcasting Co., San Fernando, 610 May 2 D. C.-2. 8642 Diamond H. Ranch Broadcasters, Auburn, 1490 Nov. 10 F-2. Calif. Calif. 8934 Radio Anthracite, Inc. (WHWL), Nanticoke, 680 Jan. 5 D. C.-l. 8643 Florida East Coast Broadcasting Co. (WFEC), 1230 Feb. 24 D. O. -1. Pa. Miami, Fla. 8983 KWHN Broadcasting Co., Inc. (KWHN), L Nov. 18 F-l. 8672 Tampa Times Co. (WDAE), Tampa, Fla___ 810 Dec. 13 D. C.-l. Fort Smith, Ark. - 8673 Benlee Broadcasting Co., Patehogue, N. Y___ 1580 Apr. 18 D. C.-l. 8984 KWHN Broadcasting Co., Inc., Fort Smith, FM —do..... F-l. 8674 Mid-Island Radio, Inc., Patehogue, N. Y___ 1580 ___do_ D. C.-l. Ark. 8684 Continental Broadcasting Co., Toledo, Ohio.i 1470 Jan. 24 D. C.-2. 8994 L. W. Andrews, Inc., Davenport, Iowa...... FM Nov. 22 D. C.-l. 8685 The Midwestern Broadcasting Co., Toledo, 1470 — do. D. C.-2. 8995 Worcester Broadcasting Co., Worcester, Mass. 970 Feb. 21 D. C.-2. - Ohio. 8996 Belvedere Broadcasting Co., Baltimore, M d.. 1400 Oct. 18 F-l. 8686 Northwest Public Services, Kelso, Wash...... 1240 Nov. 8 F-l. 8997 1400 F-l. 8687 Independent Broadcasting Service, Oak Park, 1350 May 12 D. C.-l. 8998 Faulkner County Broadcasting Co., Conway, 1230 Nov. 15 F-l. 8688 Portorlcan American Broadcasting Co. R Nov. 17 D O.-l. 8999 Conway Broadcasting Co., Conwav, Ark...... 1230 —do..... F-l. (WPAB), Ponce, P. R. 9002 Astoria Broadcasting Co. (KAST), Astoria, 1370 May 5 D. C.-2. 8689 Community Broadcasting Service, Aliquippa, 690 Mar. 80 D. O.-l. Oreg. Pa. 9005 Peninsula Broadcasting Corp., Pontiac, Mich. 1380 May 25 D. C.-l. 8691 Detroit Broadcasting Co. (WJBK), Detroit, 1500 Apr. 25 D. 0.-2 9006 The Times Herald Co. (WTTH), Port Huron, 1380 ...d o ...... D. C.-l. Mich. Mich. 8692 J. Gerity. Jr. (WABJ), Adrian, Mich...... 1490 ...d o . D. C-2. Thursday, October 14, 1948 FEDERAL REGISTER 6041

P ast III—Continued

LIST OF APPLICATIONS SCHEDULED FOE HEARING ACCORDINO TO DOCKET NUMBERS----C o n tin u e d

Docket Fre­ Docket Name Fre­ Date Place Name Date. Place No. quency No. quency

! 9016 McClatchy Broadcasting Co., Sacramento, FM Oct. 19 D. C.-l. 9087 Baylor University (KWBU), Houston, Tex... 1030 Mar. 7 D, C.-l. Calif. 9088 Carr P. Collins, Jr., Corpus Christi, Tex...... 1010 _._do...... D. CM. 9021 Hamtramck Radio Corp., Hamtramck, Mich. 1440 Mar. 28 D. C.-l. 9089 Texas Star Broadcasting Co. (KTHT), Hous- 1030 ...d o ___ D. O.-l. 9023 Vulcan Broadcasting Co., Birmingham, Ala— 1490 Jan. 24 F-2. ton, Tex. 9025 Sun Country Broadcasting Co. (KPSC), Phoe- 1270 Apr. 25 D. C.-l. 9092 Ruston Broadcasting Co., Ruston, La...... 1230 Dec. 17 F -l. 9102 Cushing Broadcasting Co., Cushing, Okla...... 1600 June 6 D. C.-l. 9026 Sun Country Broadcasting Co. (KTSC), ‘ 580 ...d o ___ D. C.-l. 9103 Payne County Broadcasters, Cushing, Okla... 1600 ...d o ...... D. C.-l. 9104 Dunkirk Broadcasting Corp., Dunkirk, N. Y. 1410 May 2 D. C.-l. 9027 Sun Country Broadcasting Co. (KPSC), 1270 ...d o ___ D. O.-l. 9105 Airwaves, Inc. (WJOC), Jamestown, N. Y__ 1410 ...d o ...... D. C.-l. 9107 Frederick Broadcasting Co., Frederick, M d... 1330 May 10 D. C.-l. 9054 Croslev Broadcasting Corp., New York, N. Y. FM Dec. 13 F-2. 9108 Harrisonburg Broadcasting Co., Harrisonburg, 1340 Jan. 12 F-2. 9055 Atlantic Broadcasting Co., New York, N. Y .. FM ___do___ F-2. Va. 9Ò56 Debs Memorial Radio Fund, Inc., New York, FM _„do___ F-2. 9109 James Madison Broadcasting Corp., Orange, 1340 Jan. 10 F-2. N. Y. 9057 Ebbets McKeever Exhib. Co., Inc., New FM ...d o ___ F-2. 9110 Airtone Co., Santa Ana, Calif______850 .„ d o ...... D.'O.-l. York, N. Y. 9111 Riverside Broadcasters, Riverside, Calif...... 860 Jan. 10 D. C.-l. 9066 1340 Nov. 22 P-1. 9118 Paul F. Braden (WPFB), Middletown, Ohio. 910 Feb. 10' D. C.-2. 9067 George E. Cameron, Jr., Tulsa, Okla_...... 1340 ...d o ___ P-4. 9123 Suburban Broadcasting Corp., New Rochelle, 1460 May 23 D. O.-l. 9068 Oliver Broadcasting Corp. (WPOR), Port- 1060 May 9 D. C.-2. N. Y. 9124 Jonas Weiland (WFTO), Kinston, N. C____ AL Nov. 24 D. O.-l. 9069 Loweli Sun Publishing Co., Lowell, Mass...... 1060 ...d o ___ D. C.-2. 9125 Robert L. Weeks (KBLF), Red Bluff, Calif.. AL Nov. 8 F-2. 9070 The Highlands Broadcasting Co., Sebring, 9070 Oct. 22 F-l. 9127 Dale E. Crowley, Washington, D, C______1540 Feb. 7 D. C.-2. Fla. 9128 Grant A. Wood, Hyattsville, M d...... 1540 ...d o ...... D. 0.-2. 9073 The Bible Institute of L. A., Inc., Los Angeles, PED Dec. 9 F-l. 9129 Madera Broadcasting Co., Madera, Calif____ 1340 Nov. 15 F-2. Calif. 9130 The Rural Broadcasting Co. of Ohio, Oak 1470 Jan. 24 D. C.-2. 9074 Mid-Utah Broadcasting Co. (KNEU), Provo, 1240 Mar. 23 D. C.-l. Harbor, Ohio. 9131 Louis G. Baltimore (WBRE), Wilkes-Barre, 1340 Apr. 4 D. 0.-2. 9075 Richland Broadcasting Corp., Richland Cen- 1450 Oct. 25 F-2. Pa. ter, Wis. 9132 Allentown Broadcasting Co. (WKAP) Allen- 1320 -.-do___ D. 0.-2. 9076 Charles H. Young, Anderson, S. C------1050 Feb. 3 D. O.-l. town, Pa. 9079 Mark Perkins, San Antonio, Tex...... 1240 .Jan. 12 F-l. 9133 Lackawanna Valley Broadcasting Co. 1320 — do__ - D. 0.-2. 9081 1220 June 1 D. O.-l. (WSCR), Scranton, Pa. 9082 Red Oak Radio Corp., Red Oak, Iowa----- ... 1220 ...d o ...... D. O.-l. 9135 Pasadena Presbyterian Church (KPPO), 1240 June 6 D. C.-2. 9085 1050 May 26 D. C.-l. Pasadena, Calif. 9086 Falls County Public Service, Marlin, Tex...... 1010 Mar. 7 D. C.-l. 9145 Radio St. Clair, Inc., Marine City, Mich------1590 June 1 D. 0.-2.

F ederal Communications Com m ission, [seal] T. J. S low ie, Secretary. [P. R. Doc. 48-9104; Piled, Oct. 13, 1948; 9:01 a. m.]

DEPARTMENT OF JUSTICE tionals of a designated enemy country [Vesting Order 12098] (Germany) ; Leonhard Epp Office of Alien Property 3. That such property is in the process of administration by Herman F. Vahl­ In re: Estate of Leonhard Epp, de­ A u t h o r i t y : 40 Stat. 411, 55 Stat. 839, Pub. ceased. File D-28-9191; E. T. sec. 11905. Laws 322, 671, 79th Cong., 60 Stat. 50, 925; 50 kamp and Henry Claus, as joint execu­ Ü. S. C. and Supp. App. 1, 616; E. O. 9193, tors, acting under the judicial supervi­ Under the authority of the Trading July 6, 1942, 3 CPR, Cum. Supp., E. O. 9567, sion of the County Court of Wayne With the Enemy Act, as amended, Exec­ June 8, 1945, 3 CPR, 1945 Supp., E. O. 9788, County, Nebraska; utive Order 9193, as amended, and Exec­ utive Order 9788, and pursuant to law, Oct. 14, 1946, 11 F. R. 11981. and it is hereby determined : [Vesting Order 12060] after investigation, it is hereby found: 4. That to the extent that the persons 1. That Leonhard Epp, Phillip Epp and M in n ie Vahlkamp named in subparagraph 1 hereof are Katharina Epp, whose last known ad­ not within a designated enemy country, dress is Germany, are residents of Ger­ In. re: Estate of Minnie Vahlkamp, de­ the national interest of the United States many and nationals of a dqpignated ene­ ceased. File No. D- 28-10999; E. T. sec. requires that such persons be treated as my country (Germany) ; 15386. nationals of a designated enemy country 2. That the domiciliary personal rep­ Under the authority of the Trading (Germany). resentatives, and legatees, names un­ With the Enemy Act, as amended, Ex­ All determinations and all action re­ ecutive Order 9193, as amended, and Ex­ known, of Maria Anna Epp, sister of de­ quired by law, including appropriate con­ cedent, who there is reasonable cause to ecutive Order 9788, and pursuant to law, sultation and certification, having been after investigation, it is hereby found: believe are residents of Germany, are made and taken, and, it being deemed nationals of a designated enemy country 1. That Heinrich Mowwe, Charlotte necessary in the national interest, Siiebert, Anna Techtmeyer, Luise Vorder- There is hereby vested in the Attorney (Germany) ; bugge Mowwe., Wilhelmine Flottmann, General of the United States the prop­ 3. That all right, title, interest and Gustav Mowwe, Otto Mowwe, Anna erty described above, to be held, used, claim of any kind or character whatso­ Kampwert, Ema Horskotter, Emma Boll- administered, liquidated, sold or other­ ever of the persons identified in subpara­ mann, Hermann (Herman) Mowwe, wise dealt with in the interest of and for graphs 1 and 2 hereof, and each of them, Louisa(e) (Luise) Claus, Heinrich Moehl- the benefit of the United States. in and to the estate of Leonhard Epp, mann (Mohlmann), Minna Broeker, Em­ deceased, is property payable or deliver­ The terms “national” and “designated able to, or claimed by the aforesaid na­ ma Brinkwert, Augusta Flottmann, and enemy country” as used herein shall have Heinrich Moehlmann (Mohlmann), tionals of a designated enemy country the meanings prescribed in section 10 (Germany) ; whose last known address is Germany, of Executive Order 9193, as amended. . are residents of Germany and nationals 4. That such property is in the process of a designated enemy country (Ger­ Executed at Washington, D. C., on of administration by Joseph Peîtzer, Mt. many) ; September 22, 1948. Hope, Kansas, Administrator d. b. n., c. t. a., acting under the judicial super­ 2. That all right, title, interest and For the Attorney General. claim of any kind or character whatso­ vision of the Probate Court of Sedgwick ever of the persons named in subpara­ [seal] D avid L. B azelon, County, Kansas, graph 1 hereof., and each of them, in Assistant Attorney General, and it is hereby determined: and to the estáte of Minnie Vahlkamp, Director, Office of Alien Property. 5. That to the extent that the persons deceased, is property payable or deliver­ [P. R. Doc. 48-9079; Filed, Oct. 13, 1948; named in subparagraph 1 hereof and the able to, or claimed by, the aforesaid na­ 8:51 a. m.] domiciliary personal representatives. 6042 NOTICES and legatees, names unknown, of Maria 4. That such property is in the process and it is hereby determined: Anna Epp, sister of decedent, are not of administration by Emma Rodelsper- 3. That to the extent that the person within a designated enemy country, the ger, as executrix, acting under the judi­ named in subparagraph 1 hereof is not national interest of the United States cial supervision of the Probate Court of within a designated enemy country, the requires that such persons be treated as the State of New Hampshire, in and for national interest of the United States re­ nationals of a designated enemy country the County of Hillsborough; quires that such person be treated as a (Germany). . and it is hereby determined : national of a designated enemy country All determinations and all action re­ 5. That to the extent that the persons (Germany). ’ quired by law, including appropriate identified in subparagraphs 1 and 2 here­ All determinations and all action re­ consultation and certification, having of are not within a designated enemy quired by law, including appropriate con­ been made and taken, and, it being country, the national interest of the sultation and certification, having been deemed necessary in the national United States requires that such per­ made and taken, and, it being deemed interest, sons be treated as nationals of a desig­ necessary in the national interest, There is hereby vested in the Attorney nated enemy country (Germany). There is hereby vested in the Attorney General of the United States the prop­ All determinations and all action re­ General of the United States the prop­ erty described above, to be held, used, quired by law, including appropriate con­ erty described above, to be held, used, administered, liquidated, sold or other­ sultation and certification, having been administered, liquidated, sold or other­ wise dealt with in the interest of and for made and taken, and, it being deemed wise dealt with in the interest of and for the benefit of the United States. necessary in the national interest, the benefit of the United States. The terms “national” and “designated There is hereby vested in the Attorney The terms “national” and “designated enemy country” as used herein shall have General of the United States the prop­ enemy country” as used herein shall have the meanings prescribed in section 10 of erty described above, to be held, used, the meanings prescribed in section 10 of Executive Order 9193, as amended. administered, liquidated, sold or other­ Executive Order 9193, as amended. Executed at Washington, D. C., on wise dealt with in the interest of and for Executed at Washington, D. C., on September 30, 1948. the benefit of the United States. September 30, 1948. For the Attorney General. The terms “national” and "designated enemy country” as used herein shall have For the Attorney General. [seal] D avid L. B azelon, the meanings prescribed in section 10 [seal] D avid L. B azelon, Assistant Attorney General, of Executive Order 9193, as amended. Director, Office of Alien Property. Assistant Attorney General, Executed at Washington, D. C., on Director, Office of Alien Property. [P. R. Doc. 48-9080; Piled. Oct. 13, 1948; September 30, 1948. 8:51 a. m.] [P. R. Doc. 48-9082; Piled, Oct. 13, 1948; For the Attorney General. 8:51 a. m.] [seal] D avid L. B azelon, Assistant Attorney General, [Vesting Order 12101] Director, Office of Alien Property. Louis P ieroni K arl K lein [P. R. Doc. 48-9081; Piled, Oct. 13, 1948; In re: Estate of Karl Klein, deceased. 8:51 a. m.] notice of intention to return vested File D-28-12370; E. T. sec. 16597. PROPERTY Under the authority of the Trading Pursuant to section 32 (f) of the With the Enemy Act, as amended, Exec­ [Vesting Order 12105] Trading With the Enemy Act, as utive Order 9193, as amended, and Exec­ amended, notice is hereby given of in­ utive Order 9788, and pursuant to law, D orothea C. M osle tention to return, on or after 30 days after investigation, it is hereby found: 1. That Franz Zehe; Marianne Zehe; In re: Trust under the will of Doro­ from the date of the publication hereof, thea C. Mosle, deceased. File No. D-28- the following property, subject to any Franziska Sterlepper; Paula Behnecke, increase or decrease resulting from the nee Paula Schroeder; Edward Klein; 1471-G-l. Karl Klein; Minna Winkler; Marie Zeid- Under the authority of the Trading administration thereof prior to return, With the Enemy Act, as amended, Ex­ and after adequate provision for taxes ler; Minna Turban, also known as Wil- and conservatory expenses: helminna Turban; Arnold Winkler; ecutive Order 9193, as amended, and Ex­ Thomas Winkler; Marie Winkler Gruell- ecutive Order 9788, and pursuant to law, Claimant, Claim No., and Property and mayer, nee Marie Winkler; Karl Winkler after investigation, it is hereby found: Location and Margaretha Winkler, whose last 1. That Johanne Postey, whose last Louis Pieroni, Boston) Mass.; 5857; $170,269- known address is Germany, are residents known address is Germany, is a resident in the Treasury of the United States. All of Germany and nationals of a desig­ of Germany and a national of a desig­ right, title, interest and claim of any name nated enemy country (Germany); nated enemy country (Germany); or nature whatsoever of Louis Pieroni in and 2. That the children, names unknown, 2. That all right, title, interest and to Pieroni Bros. & Co., a Massachusetts part­ claim of any kind or character whatso­ nership. The following securities presently of Franziska Sterlepper, and the heirs, in the custody of the Safekeeping Depart­ names unknown, of Hans Winkler and of ever of the person identified in subpara­ ment of the Federal Reserve Bank of New Edward Winkler, who there is reasonable graph 1 hereof, in and to and arising out York: 130 shares of Pieroni Building Trust cause to believe are residents of Ger­ of or under the trust created under the (a Massachusetts Trust), and 65 shares of many, are nationals of a designated will of Dorothea C. Mosle, deceased, and no par value capital stock of Pieroni Inc., a enemy country (Germany); presently being administered by A. Hen­ Massachusetts corporation. 3. That all right, title, interest and ry Mosle, 63 Wall Street, New York 5, Executed at Washington, D. C., on claim of any kind or character whatso­ New York, as trustee, October 8,1948. ever of the persons identified in sub- is property within the United States For the Attorney General. paragraphs 1 and 2 hereof, and each of owned or controlled by, payable or de­ them, in and to the Estate of Karl Klein, liverable to, held on behalf of or on ac­ [seal] D avid L. B azelon, deceased, is property payable or deliver­ count of, or owing to, or which is evi­ Assistant Attorney General, able to, or claimed by, the aforesaid na­ dence of ownership or control by, the Director, Office of Alien Property. tionals of a designated enemy country aforesaid national of a designated enemy [P. R. Doc. 48-9088; Filed, Oct. 13, 1318; (Germany); country (Germany); 8:52 a. m.]