FEDERAL REGISTER

VOLUME 17 1934 ^ NUMBER 66 4 Î//V/TEO ^ Washington, Thursday, April 3, 1952

TITLE 7— AGRICULTURE [1061 (P. R. 52)-1, Supp. 2] CONTENTS P art 702—Agricultural Conservation Chapter VII— Production and Mar­ Agriculture Department Pase P rogram; P uerto R ico keting Administration (Agricultural See Forest Service; Production Adjustment), Department of Agri­ S ubpart—1952 and Marketing Administration. culture MISCELLANEOUS AMENDMENTS Alien Property, Office of [1061(52)-1, Supp. 5] Pursuant to the authority vested in Notices: the Secretary of Agriculture under sec­ P art 701—National Agricultural Vesting orders, etc.: tions 7-17 of the Soil Conservation and Hori, Riichiro______2908 Conservation P rogram Domestic Allotment Act, as amended, Kawashima, Mrs. Toshiko and S u bp a r t — 1952 the 1952 Agricultural Conservation Pro­ Noboru______2908 gram; Puerto Rico, issued August 31, MISCELLANEOUS a m e n d m e n t s 1951 (16 P. R. 9017), as amended"Decem­ Kawashima, Noboru, and Mrs. Pursuant to the authority vested in ber 3, 1951 (16 P. R. 12306), is further Toshiko______2908 the Secretary of Agriculture under sec­ amended as follows: Civil Aeronautics Administra­ tions 7-17 of the Soil Conservation and 1. Section 702.203 is amended by tion Domestic Allotment Act, as amended, the changing the figure “$809,000” in the 1952 National Agricultural Conservation first sentence to “$822,000.” Rules and regulations: Program, issued August 31,1951 (16 P. R. 2. Section 702.214 is amended by re­ Alterations: 9006), as amended September 25, 1951 vising “Maximum assistance” to read Danger areas______2888 (16 P. R. 9859), December 3, 1951 (16 as follows: Designation of civil airways. _ 2887 P. R. 12306), February 28, 1952 (17 F. R. Designation of control areas, 1931), and March 7,1952 (17 P. R. 2110), § 702.214 Practice 4: Applying to coffee trees, fertilizer of grades contain- control zones, and reporting is further amended as follows: points______2887 1. Section 701.339 is amended by add­ ing not less than 10 units of available ing item (4) under “Maximum assist­ nitrogen (N) and not less than 10 units Civil Aeronautics Board of available phosphate (PîOs) . * * * ance,” as follows: See also Civil Aeronautics Admin­ § 701.339 Practice B-8: Controlling Maximum assistance. The lesser of $35 istration. or 80 percent of the fair price per ton for Delegation of authority to the perennial weeds as a necessary step in the grade of fertilizer used, as determined soil or water conservation. * * * by the PMA State Office. Chairman of the Board (see Commerce Department). Maximum assistance. * * * (Sec. 4, 49 Stat. 164; 16 U. S. C. 590d. Inter­ (4) 50 percent of the average cost of pret or apply secs. 7-17, 49 Stat. 1148, as Notices: other State committee approved methods of amended; 16 U. S. C. 590g-590q) Hearings, etc.: control, Flying Tiger Line, Inc., and Done at Washington, D. C., this 31st 2. Section 701.365 is amended by add­ day of March 1952. R esort Airlines, Inc.; ing the following at the end of the pres­ charter flight tariff investi- ent wording: [ seal] Charles F. B rannan, gation______2900 § 701.365 Practice F-2: Improving a Secretary of Agriculture. Northwest Airlines, Inc______2900 stand of forest trees. * * * Assist­ [F. R. Doc. 52-3818; Filed, Apr. 2, 1952; Rates and fares between Oregon ance may be given for the release of 8:51 a. m.] and Washington, and Fair­ desirable forest tree seedlings by remov­ banks and Anchorage, Alaska; ing or killing competing and undesirable investigation and consolida­ vegetation in areas where the repre­ tion______2901 sentatives of the Forest Service deter­ [1061 (V. t 52)-1, Supp. 3] mine that such measures are necessary Proposed rule making: P art 703— Agricultural Conservation to provide effective forest stand im­ Operating limitations for air­ P rogram; Virgin I slands provement. The area thus released must craft not certificated in the be protected from fire and grazing. S ubpart—1952 transport category______2896 Rules and regulations: (Sec. 4, 49 Stat. 164; 16 U. S. C. 590d. Inter­ MISCELLANEOUS AMENDMENTS pret or apply secs. 7-17, 49 Stat. 1148, as Irregular air carrier and off- amended; 16 U. S. O. 590g-590q) Pursuant to the authority vested in route rules; performance the Secretary of Agriculture under sec­ data_____ ;______2887 Done at Washington, D. C„ this 31st tions 7-17 of the Soil Conservation and day of March 1952. Scheduled air carrier rules; Domestic Allotment Act, as amended, runway utilization______- 2887 [seal] Charles P. B rannan, the 1952 Agricultural Conservation Pro­ Secretary of Agriculture. gram ; Virgin Islands, issued August 31, Coast Guard [P. R. Doc. 52-3819; Filed, Apr. 2, 1952; 1951 (16 F. R. 9023), as amended De- Notices: 8:52 a. m.J (Continued on p. 2887) Equipment approval______2898 2889 2886 RULES AND REGULATIONS CONTENTS— Continued CONTENTS— Continued Federal Maritime Board Page Production and Marketing Ad- Page FEDERA^JtEGlSTEB Notices: ministration \vl/biTfA isa* “¿y Agreements filed for approval: Proposed rule making: Pacific Transport Lines, Inc., Milk handling in Greater Kan­ sas City marketing area------2892 Published daily, except Sundays, Mondays, et al______- 2899 Pope & Talbot, Inc., et al_— 2899 U. S. Standards: and days following official Federal holidays, Grapes, table (European or by the Federal Register Division, National Federal Power Commission Archives and Records Service, General Serv­ Vinifera Type)------2888 ices Administration, pursuant to the au­ Notices : Peaches______2891 thority contained in the Federal Register Hearings, etc.: Rules and regulations: Act, approved July 26, 1935 (49 Stat. 500, as Citizens Gas Co------2901 Agricultural Conservation Pro­ amended; 44 U. S. C., ch. 8B ), under regula­ Natural Gas Storage Co. of gram, 1952: tions prescribed by the Administrative Com­ Illinois.______2903 Puerto Rico ______2885 mittee of the Federal Register, approved by Potomac Light and Power Co. Virgin Islands!______2885 the President. Distribution is made only by the Superintendent of Documents, Govern­ and Northern Virginia National Agricultural Conserva­ ment Printing Office, Washington 25, D. C. Power Co------2902 tion Program, 1952; miscel­ The regulatory material appearing herein Public Service Commission of laneous amendments------2885 is keyed to the Code of Federal Regulations, Wisconsin______2901 Public Contracts Division which is published, under 50 titles, pursuant Sierra Pacific Power Co------2901 Proposed rule making: to section 11 of the Federal Register Act, as South Georgia Natural Gas Metal Business Equipment In­ amended June 19, 1937. Co______- ______2903 The F ederal R egister will be furnished by dustry; hearing with respect mail to subscribers, free of postage, for $1.50 South Penn Power Co. and to prevailing minimum wage. 2895 per month or $15.00 per year, payable in Franklin Transmission Co. 2902 advance. The charge for individual copies Texas Northern Gas Corp— 2902 Securities and Exchange Com­ (minimum 15tf) varies in proportion to the United Gas Pipe Line Co. (2 mission size of the issue. Remit check or money documents)------2901 Notices : order, made payable to the Superintendent Hearings, etc. : of Documents, directly to the Government Forest Service International Hydrö-Electric Printing Office, Washington 25, D. C. Notices: There are no restrictions on the republica­ System______- 2906 Uinta National Forest; removal Lawrence Gas and Electric tion of material appearing in the F ederal of trespassing horses------2899 R egister. C o ______2906 Interior Department Lowell Electric Light Corp__ 2906 See Petroleum Administration for Public Service Co. of New Defense. Hampshire______2907 CFR SUPPLEMENTS International Trade, Office of Treasury Department See Coast Guard; Customs Bureau. (For use during 1952) Notices : Wiederkehr, Dr. Alphonse; de­ CODIFICATION GUIDE The following Supplements nial of export privileges.------2900 are now available: A numerical list of the parts of the Code Interstate Commerce Commis­ of Federal Regulations affected by documents Title 3 (full text) ($3.50) sion published in this issue. Proposed rules, as Titles 10-13 ($0.35) opposed to final actions, are identified as Notices: such. Title 17 ($0.30) Applications for relief: Title 18 ($0.35) Brick and related articles Title 7 Page Titles 22-23 ($0.40) from Kansas and Missouri Chapter I : Title 25 ($0.30) to Kentucky and Tennes- Part 51 (proposed) (2 docu­ see______2903 ments) ______2888, 2891 Order from Superintendent of Insulators, electric wire from Chapter VII: Documents, Government Printing Carey, Ohio, to Atlanta, Ga_ 2903 P art 701______2885 Office, Washington 25, D. C. Iron and steel articles from P art 702...... 2885 trunk-line and central ter­ P art 703______2885 ritories to Kevil and Chapter IX: Maxon, Ky______- 2904 P art 913 (proposed)______2892 Loading requirements: CONTENTS— Continued Dressed native lumbers, mill- Title 14 work, and lumber products- 2904 Chapter I : Commerce Department Page Flooring, wood______2905 P art 40 (proposed)______2896 See also Civil Aeronautics Admin­ Lumber and lumber products Part 41 (proposed)______2896 istration; Federal Maritime (2 documents)------2904, 2905 P art 42______2887 Board; International Trade, Lumber shapes, laminated or Proposed rules______- 2896 Office of. not laminated, precut to P art 45 (proposed)______2896 Notices: shape ------2904 P art 61— ______2887 Delegation of authority to the Plywood____:______- 2904 Proposed rules______- 2896 Chairman of the Civil Aero­ Red cedar shingles, shakes, Chapter n : nautics Board______2899 and/or red cedar lumber— 2905 P art 600______— 2887 Customs Bureau P art 601______— 2887 Justice Department Part 608______— 2888 Rules and regulations: See Alien Property, Office of. Articles conditionally free, sub­ Title 19 ject to a reduced rate, etc.; Labor Department Chapter I: baggage, oral declaration— . 2888 See Public Contracts Division. Part 10---- 2888 Defense Mobilization, Office of Petroleum Administration for Title 32A Notices: ^ Defense Chapter LX (PAD) : Determination and certification PAD 1, Dir. 1...... 2888 of a critical defense hous- Rules and régulations: ing area: Automotive tetraethyl lead Title 41 Harlingen, Texas, area_____- 2905 fluid; suspension of tel use Chapter n : Rockdale, Texas, area______2905 limitation (PAD 1, Dir. 1 )_ 2888 Part 202 (proposed)______- ___ 2895 Thursday, April 3, 1952 FEDERAL REGISTER 2887 cember 3, 1951 (16 P. R. 12307), and the standpoint of safety. The Adminis­ notice, procedures, and effective date January 7,1952 (17 F. R. 268), is further trator of Civil Aeronautics is presently provisions of section 4 of the Adminis­ amended as follows: engaged in establishing a preferential trative Procedure Act would be imprac­ 1. Section 703.117 (Practice 7) is runway program to be used at such air­ ticable and contrary to public interest, amended by deleting the sentence imme­ ports. Accordingly pilots will be en­ and therefore is not required. diately preceding “Maximum assist­ couraged, whenever airport and weather Part 600 is amended as follows: ance,” which reads “Assistance will be conditions permit, to use such designated 1. Section 600.232 Red civil airway No. limited to farms on which not more runways which will allow take-offs over 32 (Laredo, Tex., to Houston, Tex.) is than 20 acres are being cleared under less congested areas. This will have a amended by changing the last portion the program.” beneficial effect on safety: First, safety to read: “From the Austin, Tex., radio 2. Section 703.120 (Practice 10) is on the ground will be increased and range station via the Smithville, Tex., amended by deleting th^ sentence imme­ noise nuisance diminished by less fre­ non-directional radio beacon; the Rich­ diately preceding “Maximum assist­ quent flight over congested areas; and mond, Tex., radio range station to the ance,” which reads “No payment will be second, flight over less congested areas intersection of the southeast course of made for this practice if payment is will allow greater possibilities of a rea­ the Richmond, Tex., radio range and made by the Virgin Islands Corporation.” sonably safe landing in the event of an the southwest course of the Houston, emergency. (Sec. 4, 49 stat. 164; 16 U. S. C. 590d. In­ Tex., radio range.” terpret or apply secs. 7—17, 49 Stat. 1148, as Section 61.238 Runway utilisation of 2. Section 600.650 is amended to amended; 16 U. S. C. 590g-590q) Part 61 ef the Civil Air Regulations re- read: quiries that for take off, the runway with Done at Washington, D. C., this 31st thè greatest effective length be used, and § 600.650 Blue civil airway No. 50 day of March 1952. that the take off be commenced from a (Augusta, Maine, to the U. S.-Canadian Border). From the Augusta, Maine, [ seal] Charles P. B rannan, point which will fully utilize the avail­ radio range station to the Bangor, Maine, Secretary of Agriculture. able runway length. While a preferen­ tial runway program is both desirable radio range station. From the intersec­ [F. R. Doc. 52-3826; Filed, Apr. 2, 1952; tion of the northeast course of the 8:52 a. m.] and necesary, § 61.238 would, in many instances, prevent pilots from utilizing Bangor, Maine, radio range and the west preferred runways in that it limits the course of the St. John, New Brunswick, TITLE 14— CIVIL AVIATION choice of runways. Therefore, to allow Canada, radio range to the intersection immediate use of the preferential run­ of the west course of the St. John, New Chapter I— Civil Aeronautics Board way program, the Board considers that Brunswick, Canada, radio range and the § 61.238 should be deleted. It should be U. S.-Canadian Border. Subchapter A— Civil Air Regulations noted, however, that the Board consid­ (Sec. 205, 52 Stat. 984, as amended; 49 [Supp. 2, Arndt. 3] ers full utilization of available runway U. S. C. 425. Interprets or applies sec. 601, 52 Stat. 1007, as amended; 49 U. S. C. 551) P art 42— I rregular Air Carrier and Of f - length to be a desirable operational practice. R oute R ules This amendment shall become effec­ Since this amendment imposes no ad­ tive 0001 e. s. t., April 4, 1952. performance data ditional burden on any person and is [seal] F. B. L e e , The purpose of this amendment is to designed to allow the Administrator im­ correct two typographical errors in the mediately to implement a program of Acting Administrator landing limitations table published for establishing preferential runways, notice of Civil Aeronautics. Douglas RB-18A aircraft. In the inter­ and public procedure hereon are unnec­ [F. R. Doc. 52-3740; Filed, Apr. 2, 1952; est of safety the amendment should be essary and the amendment may be made 8:45 a. m.] made effective without delay. Compli­ effective without prior notice. ance with the notice, procedures, and In consideration of the foregoing the effective date provisions of section 4 of Civil Aeronautics Board hereby amends the Administrative Procedure Act would P art 61 of the Civil Air Regulations (14 [Amdt. 70] be impracticable and therefore is not CFR P art 61, as amended) effective im­ required. mediately: P art 601—Designation of Control Areas, Section 42.80-5, Table 3 (b) published 1. By deleting § 61.238. Control Zones, and R eporting P oints on January 10, 1950 in 15 F. R. 93 is (Sec. 205, 52 Stat. 984; 49 U. S. C. 425. In­ ALTERATIONS amended by substituting “4,750” for terpret or apply secs. 601, 604, 52 Stat. 1007, The control area and reporting point “3,750” and by substituting “4,865” for 1010; .49 U. S. C. 551, 554) “3,865”. alterations appearing hereinafter have By the Civil Aeronautics Board. been coordinated with the civil operators (Sec. 205, 52 Stat. 984, as amended; 49 U. S. C. involved, the Army, the Navy and the Air 425. Interprets or applies secs. 601, 604, 42 [seal] M. C. M ulligan, Stat. 1007, 1010; 49 TJ. S. C. 551, 554) Force, through the Air Coordinating Secretary. Committee, Airspace Subcommittee, find This amendment shall become effec­ [F. R. Doc. 52-3797; Filed, Apr. 2, 1952; are adopted to become effective when in­ tive upon publication in the F ederal 8:50 a. m.] dicated in order to promote safety of the R egister. flying public. Compliance with the no­ tice, procedures, and effective date pro­ [ seal] F. B . L ee, Acting Administrator of visions of section 4 of the Administrative Civil Aeronautics. Chapter II— Civil Aeronautics Admin­ Procedure Act would be impracticable istration, Department of Commerce and contrary to public interest and [F. R. DOC. 52-3742; Filed, Apr. 2, 1952; therefore is not required. 8:45 a. m.J [Arndt. 65] P art 601 is amended as follows: P art 600—R esignation of Civ il 1. Section 601.1298 is added to read. Airw ays § 601.1298 Control area extension [Amdt. 61-7, Civil Air Regulations] ALTERATIONS (Promontory Pointy Utah.). All that area bounded on the north by Green civil air­ Part 61— S cheduled Air Carrier R u les The civil airway alterations appear­ way No. 3, on the east by Amber civil ing hereinafter have been coordinated RUNWAY UTILIZATION airway No. 2, on the south by a line 5 with the civil operators involved, the Adopted by the Civil Aeronautics miles south of and parallel to Green civil Board at its office in Washington, D. C., Army, the Navy, and the Air Force, airway No. 3, and on the west by Longi­ on the 12th day of March 1952. through the Air Coordinating Commit­ tude 112°45'00". Many airports have dense residential tee, Airspace Subcommittee and are or industrial areas or obstructions in adopted to become effective when in­ 2. Section 601.4221 is amended to read : their immediate vicinity which make the dicated in order to promote safety of § 601.4221 Red civil airway No. 21 use of certain runways preferable from the flying public. Compliance with the (.Pittsburgh, Pa., to Boston, Mass.), The 2888 RULES AND REGULATIONS intersection of the northeast course of [Arndt. 19] 1952, is suspended for the duration of the order, or until such time as reestab­ the Pittsburgh, Pa., radio range and the P art 608— Danger Areas north course of the Altoona, Pa., radio lished by the revocation of this direction. ALTERATION range; the Crystal Lake, Pa., non-direc- Sec. 3. Legal effect. This direction tional radio beacon; the intersection of The danger area alteration appearing does not relieve any person of any obli­ the northeast course of the Allentown, hereinafter has been coordinated with gation or liability incurred under PAD Pa., radio range and the northwest the civil operators involved, the Army, Order No. 1, nor deprive any person of course of the Newark, N. J., radio range, the Navy, and the Air Force, through the any rights received or accrued there­ Air Coordinating Committee, Airspace under. (Sec. 205, 52 Stat. 984, as amended; 49 U. S. C. Subcommittee, and is adopted to become 425. Interprets or applies sec. 601, 52 Stat. effective when indicated in order to pro­ This direction shall take effect on 1007, as amended; 49 U. S. O. 551) mote safety of the flying public. Since April 1, 1952. a military function of the United States Oscar L. Chapman, This amendment shall become effec­ is involved, compliance with the notice, Secretary of the Interior and tive 0001 e. s. t., April 4, 1952. procedures, and effective date provisions Petroleum Administrator for Defense. [seal] F. B . L ee, of section 4 of the Administrative Proce­ Acting Administrator of dure Act is not required. [F. R. Doc. 52-3842; Filed, Apr. 1, 1952; 3:48 p. m.] Civil Aeronautics. Part 608 is amended as follows: In § 608.15, the Camp Carsen, Colo­ [F. R. Doc. 52-3741; Filed, Apr. 2, 1952; rado, area, published on July 16, 1949, in 8:45 a. m.] 14 F. R. 4289, is revised to read: PROPOSED Name and Designated Time of location Description by geographical coordinates altitudes designation Using agency (chart) RULE MAKING

CamD Carson Beginning at lat. 38°32'06" N., long. 104°49,18" Surface to 40,000 Continuous. Commanding (Denver W.; due E. to long. 104°45'00" W.; N. to lat. feet. General, Camp Chart). 38°45'00"N., long. 104°45'50" W.; NW., to Carson, Colo. DEPARTMENT OF AGRICULTURE lat. 38°46'05" N., long. 104°46'50" W.; due W. to long. 104°48'48" W.; southwesterly Production and Marketing along State Highway No. 115 to lat. 38°39' 00" N., long. 104°51'40" W.; due S. to lat. Administration 38°36'20" N.; SE. to lat. 38°32'06" N., long. 104°49'18" W., point of beginning. [ 7 CFR Part 51 1

. I nspection, Certification, and S tandards (Sec. 205, 52 Stat. 984, as amended; 49 U. S. C. TITLE 32A— NATIONAL DEFENSE, 425. Interprets or applies sec. 601, 52 Stat. for F resh F ruits, Vegetables and 1007, as amended," 49 U. S. C. 551) APPENDIX Other P roducts This amendment shall become effective Chapter IX— Petroleum Administra­ UNITED STATES STANDARDS FOR TABLE GRAPES (EUROPEAN OR VINIFERA TYPE) on March 28, 1952. tion for Defense, Department of the [seal] F. B. L ee, Interior Notice is hereby given that the United Acting Administrator of States Department of Agriculture is con­ Civil Aeronautics. [PAD Order 1, Direction 1 of April 1, 1952] sidering the issuance of revised United PAD Order 1—Automotive T etraethyl States Standards for Table Grapes (Eu­ [F. R. Doc. 52-3739; Filed, Apr. 2, 1952; L ead F luid ropean or Vinifera Type) under the au­ 8:45 a. m.] thority contained in the Agricultural DIR. 1— SUSPENSION OF TEL USE Marketing Act of 1946 (60 Stat. 1037; LIMITATION TITLE 19— CUSTOMS DUTIES 7 U. S. C. 1621 et seq.) and the Depart­ This direction is found necessary and ment of Agriculture Appropriation Act, Chapter I— Bureau of Customs, appropriate to promote the national de­ 1952 (Pub. Law 135, 82d Cong., approved Department of the Treasury fense and is issued pursuant to the August 31, 1952) to supersede United Defense Production Act of 1950, as States Standards for Table Grapes (11 [T. D. 52960] amended. In the formulation of this F. R. 13568) effective July 20, 1939. All persons who desire to submit writ­ P art 10—Articles Conditionally F ree, direction, consultation with industry ten data, views or arguments for con­ S u bjec t to a R educed R ate, E tc. representatives has been rendered im­ practicable due to the need for immedi­ sideration in connection with the pro­ baggage; oral declaration ate action. posed standards should file the same with M. W. Baker, Deputy Director, Fruit In order to permit collectors of cus­ Sec. 1. What this direction does. and Vegetable Branch, Production and toms to accept an oral declaration from Marketing Administration, United States a returning United States resident when 2. The direction. 3. Legal effect. Department of Agriculture, South Build­ the total value of articles acquired by ing, Washington 25, D. C., not later than him while abroad does not exceed $100, Authority: Sections 1 to 3 issued under sec. 704, 64 Stat. 816, Pub. Law 96, 82d Cong.; 5:30 p. m., e. s. t., on the thirtieth (30) § 10.19 (b), Customs Regulations of 1943 50 U. S. C. App. Sup. 2154. Interpret or day after the date of publication of this (19 CFR 10.19 (b )), as amended, is apply sec. 101, 64 Stat. 799, Pub. Law 96, notice in the F ederal R egister. hereby further amended by deleting 82d Cong.; 50 U. S. C. App. Sup. 2071, sec. The proposed standards are as fol­ “$25” and inserting “$100” in lieu thereof. 101, E. O. 10161, Sept. 9, 1950, 15 F. R. 6105; lows; 3 CFR, 1950 Supp., sec. 2, E. O. 10200, Jan. (R. S. 161, 251, sec. 624, 46 Stat. 759; 5 U. S. C. 3, 1951, 16 F. R. 61. § 51.232 Standards for table grapes 22, 19 U. S. C. 66, 1624. Interprets or applies (European or Vinifera type)— (a) sec. 498, 46 Stat. 728; 19 U. S. C. 1498) S ection 1. What $his direction does. Grades— (1) U. S. Fancy Table Grapes. The purpose of this direction is to sus­ U. S. Fancy Table Grapes consists of [SEAL] D. B. STRUBINGER, pend the limitation on the use of auto­ Acting Commissioner of Customs. bunches of well developed grapes of one motive tetraethyl fluid of section 3 of variety (except when designated as as­ Approved: March 27, 1952. PAD Order No. 1 until such time as said sorted varieties) which are well matured, J ohn S. G raham, S suspension is removed by revocation of fairly uniform in appearance-and well Acting Secretary of the Treasury. this direction. colored. The berries shall be firm, firmly attached to capstems and shall [F. R. Doc. 52-3801; Filed, Apr. 2, 1952; S ec. 2. The direction. Section 3 of not be weak, shriveled at capstems, shat­ 8:52 a. m.] PAD Order No. 1 as amended March 1, tered, split, crushed or wet, and shall be Thursday, April 3, 1952 FEDERAL REGISTER 2889 free from decay, waterberry, sunburn not be weak, shriveled at capstems, rieties) which are mature and fairly well and Almeria Spot, and shall be free from shattered, split, crushed or wet, and shall colored. The berries shall be firm, damage caused by scarring, discolora­ be free from decay, waterberry, sunburn firmly attached to capstems and shall tion, heat, mildew, other diseases, freez­ and Almeria Spot, and free from damage not be weak, more than slightly shriveled ing, insects, or mechanical or other caused by scarring, discoloration, heat, at capstems, shattered, split, crushed or means. mildew, other diseases, freezing, insects wet, and shall be free from decay, water­ (1) Bunches. The bunches shall be or mechanical or other means. berry, and sunburn, and free from dam­ fairly well filled but not excessively tight. (i) Bunches. The bunches shall be age caused by scarring, discoloration, They shall also be free from injury fairly well filled but not excessively heat, Almeria Spot mildew, other dis­ caused by shot berries, dried berries or tight. They shall also be free from dam­ eases, freezing, insects or mechanical or other defective berries or by the trim ­ age caused by shot berries, dried berries other means. ming away of defective berries and they or other defective berries or by the (i) Bunches. The bunches shall not shall weigh not less than one-half trimming away of defective berries and be straggly. They shall be free from pound. they shall weigh not less than one- damage caused by shot berries, dried (ii) Stems. The stems shall be well fourth pound. berries or other defective berries or by developed and strong, shall not be dry (ii) Stems. The stems shall be well the trimming away of defective berries and brittle and shall be free from mold developed and strong, shall not be dry and they shrill weigh not less than one- and free from damage caused by mildew and brittle and shall be free from mold fourth pound. or freezing. The Almeria variety shall and free from damage caused by mildew (ii) Stems. The stems shall not be have stems which are mature. The Em­ or freezing. The Almeria variety shall weak or dry and brittle and shall be free peror variety shall have stems which are have not less than 50 percent of the from mold and free from damage caused mature and distinctly yellowish-green or bunches with stems which are mature. by mildew or freezing. yellow at time of packing. The Emperor variety shall have not less (iii) Tolerances. In order to allow for (iii) Size of berries. Not less than 90 than 50 percent of the bunches with variations incident to proper grading percent, by count, of the berries, exclu­ stems which are mature and distinctly and handling, the following tolerances, sive of shot berries and dried berries, yellowish-green or yellow at time of by weight, shall be permitted: on each bunch shall have a minimum packing. (a) 10 percent for bunches which fail diameter as indicated for varieties as (iii) Size of berries. Not less than 90 to meet the color requirements; follows: percent, by count, of the berries, ex­ (b) 10 percent for bunches which Ribier and Cardinal, 12Ag of an inch. clusive of shot berries and dried berries, weigh less than one-fourth pound and Tokay, nAe of an inch."" on each bunch shall have a minimum bunches and berries which fail to meet, Almeria, of an inch. diameter as indicated for varieties as the remaining requirements of this grade, Thompson Seedless and Black Monukka, follows: other than for maturity, including not %6 of an inch. Other varieties, of an inch. Ribier and Cardinal, 1%« of an inch. more than 5 percent for shattered ber­ Tokay, H/ie of an inch. ries and including not more than 2 per­ (iv) Tolerances. In order to allow Almeria, %e of an inch. cent for berries which are seriously dam­ for variations incident to proper grading Thompson Seedless and Black Monukka, aged : Provided, That not more than one- and handling, the following tolerances, of an inch. fourth of the latter amount, or one-half Other varieties, i&e of an inch. by weight, shall be permitted: of 1 percent may be permitted for berries (a) 5 percent for bunches which fail (iv) Tolerances. In order to allow affected by decay. to meet the requirements for minimum for variations incident to proper grading (c) There is no tolerance specified in diameter of berries; and handling, the following tolerances, this grade for grapes which fail to meet (b) 5 percent for bunches which by weight, shall be permitted: the maturity requirements. However, weigh less than one-half pound; (a ) 5 percent for bunches which fail no lot shall be considered as failing to (c) 10 percent for bunches which fail to meet the requirements for minimum meet these requirements because the to meet the color requirements; diameter of berries; sample of grapes from one container (d) 5 percent for bunches of the Al­ (5) 10 percent for bunches which fail tests below the required percentage of meria and Emperor varieties which fail to meet the color requirements; soluble solids. to meet the requirements for maturity (c) For the Almeria and Emperor va­ (b) Unclassified. Unclassified con­ of stems and color of stems; rieties, individual containers may have sists of grapes which have not been (e) 5 percent for bunches and berries not more than a total of 10 percent less classified in accordance with any of the which fail to meet the remaining re­ than the required percentage of bunches foregoing grades. The term “unclassi­ quirements of this grade, other than for which meet the requirements for matur­ fied” is not a grade within the meaning maturity and uniformity of appearance, ity of stems and color of stems: Pro­ of these standards, but is provided as a including not more than 3 percent for vided, That the entire lot averages designation to show that no definite shattered berries and including not more within the required percentage; grade has been applied to the lot. than 2 percent for berries which are se­ (d) 8 percent for bunches which (c) Application of tolerances to in­ riously damaged: Provided, That not weigh less than one-fourth pound and dividual packages. (1) The contents of more than one-fourth of the latter bunches and berries which fail to meet individual packages in the lot, based on amount, or one-half of 1 percent, may the remaining requirements of this sample inspection, are subject to the be permitted for berries affected by de­ grade, other than for maturity and uni­ following limitations, provided the aver­ cay. formity of appearance, including not ages for the entire lot are within the

(25) “Reasonably well colored” ap­ than one-third of its surface showing worm holes, and free from serious dam­ plies to the red varieties and means that blushed, pink or red color. age caused by bruises, dirt or other for­ each bunch of the Tokay variety shall (ii) In order to allow for variations eign material, bacterial spot, scab, scale, have not less than 55 percent, by count, incident to proper grading and handling, growth cracks, hail injury, leaf or limb and other varieties shall have not less not more than 10 percent, by count, of rubs, split pits, other disease, insects, or than 60 percent, by count, of berries the peaches in any lot may fail to meet mechanical or other means. which show at least 60 percent of the the requirements of this grade other (i) In order to allow for variations in­ surface light pink, red or dark red, but than for color, but not more than one- cident to proper grading and handling, not very dark or purplish-red, except half of this amount, or 5 percent, shall not more than 10 percent, by count, of that any color ranging from light pink be allowed for defects causing serious the peaches in any lot may fail to meet through purple shall be permitted for damage, and not more than one-fifth of the requirements of this grade, but not the Cardinal variety. this amount, or 1 percent, shall be more than one-tenth of this amount, or (26) “Slightly shriveled a t capstems” allowed for decay at shipping point: 1 percent, shall be allowed for decay at means that the skin of the berry is defi­ Provided, That an additional tolerance of shipping point: Provided, That an addi­ nitely wrinkled adjacent to the capstem 2 percent shall be allowed for soft, over­ tional tolerance of 2 percent shall be and the surface is materially sunken. ripe, or decayed peaches en route or at allowed for soft, overripe, or decayed (27) “Straggly” means that the ber­ destination. In addition, not more than peaches en route or at destination. ries are so widely spaced on main and 10 percent, by count, of the peaches in (b) Unclassified. Unclassified consists lateral stems that the bunch is distinctly any lot may be below the specified color of peaches which have not been classified open or very stemmy or stringy in struc­ requirement. in accordance with any of the foregoing ture. (2) U. S. Extra No. 1. Any lot of grades. The term “unclassified” is not a Done at Washington, D. C., this 28th peaches may be designated “U. S. Extra grade within the meaning of these stand­ day of March 1952. No. 1” when the peaches meet the re­ ards but is provided as a designation to quirements of U. S. No. 1 grade: Pro­ show that no definite gradé has been [seal] G eorge A. Dice, vided, That not less than 50 percent, by applied to the lot. Deputy Assistant Administrator, count, of the peaches in any lot also (c) Application of tolerances to in­ Production and Marketing meets the color requirement of U. S. dividual packages. (1) The contents of Administration. Fancy grade. individual packages in the lot, based on [F. R. Doc. 52-3764; Filed, Apr. 2, 1952; (i) In order to allow for variations sample inspection, are subject to the fol­ 8:47 a. m.] incident to proper grading and hand­ lowing limitations, provided the aver­ ling, not more than 10 percent, by count, ages for the entire lot are within the of the peaches in any lot may fail to tolerances specified for the grade : meet the requirements of U. S. No. 1 (1) For packages which contain more [ 7 CFR Part 51 1 grade, but not more than one-half of than 10 pounds, and a tolerance of 10 this amount, or 5 percent, shall be percent or more is provided (as in the Inspection, Certification, and Stand­ allowed for defects causing serious case of oversize, where a tolerance of 15 ards for F resh F ruits, Vegetables and damage, and not more than one-fifth of percent is provided) individual packages Other P roducts this amount, or 1 percent, shall be al­ in any lot shall have not more than one lowed for decay at shipping point: Pro­ and one-half times the tolerances speci­ UNITED STATES STANDARDS FOR PEACHES vided, That an additional tolerance of 2 fied. For packages which contain more Notice is hereby given that the United percent shall be allowed for soft, over­ than 10 pounds and a tolerance of less States Department of Agriculture is con­ ripe or decayed peaches en route or at than 10 percent is provided, individual sidering the issuance of revised United destination. No part of any tolerance packages in any lot shall have not more States Standards for Peaches under the shall be used to reduce the percentage of than double the tolerance specified, ex­ authority contained in the Agricultural peaches with U. S. Fancy color required cept that at least one peach which is Marketing Act of 1946 (60 Stat. 1087; 7 for the lot as a whole but individual seriously damaged by insects or affected U. S. C. 1621 et seq.) and the Depart­ packages may have not less than 40 per­ by decay may be permitted in any pack­ ment of Agriculture Appropriation Act, cent which meets the color requirement age. 1952 (Pub. Law 135, 82d Cong., approved of U. S. Fancy grade: Provided, That the (ii) For packages which* contain 10 August 31, 1951) to supersede United entire lot averages not less than 50 pounds or less, Individual packages in States Standards for Peaches (12 F. R. percent. any lot are not restricted as to the per­ 3798) effective April 22, 1933. (3) U. S. No. 1. U. S. No. 1 consists of centage of defects: Provided, That not All persons who desire to submit writ­ peaches of one variety which are mature more than one peach which is seriously ten data, views or arguments for con­ but not soft or overripe, well formed, and damaged by insects or affected by decay sideration in connection with the pro­ which are free from decay, growth may be permitted in any package. posed standards should file the same cracks, cuts which are not healed, worms, (d) Size requirements. (1) The nu­ with M. W. Baker, Deputy Director, worm holes, and free from damage merical count or the minimum diameter Fruit and Vegetable Branch, Production caused by bruises, dirt, or other foreign of the peaches packed in a closed con­ and Marketing Administration, United material, bacterial spot, scab, scale, hail tainer shall be indicated on the con­ States Department of Agriculture, South injury, leaf or limb rubs, split pits, other tainer. Building, Washington 25, D. C., not later disease, insects or mechanical or other (2) When the numerical count is not than 5:30 p. m., e. s. t„ on the thirtieth means. shown the minimum diameter shall be (30) day after the date of publication (i) In order to allow for variations in­ plainly stamped, stenciled, or otherwise of this notice in the F ederal R egister. cident to proper grading and handling, marked on the container in terms of The proposed standards are as fol­ not more than 10 percent, by count of whole inches, whole and half inches, lows: the peaches in any lot may fail to meet whole and quarter inches, or whole and § 51.312 Standards for peaches— (a) the requirements of this grade, but not eighth inches, as 2 inches minimum, 2% Grades— (1) U. S. Fancy. U. S. Fancy more than one-half of this amount, or 5 inches minimum, 1% inches minimum, consists of peaches of one variety which percent, shall be allowed for defects in accordance with the facts. The min­ are mature but not soft or overripe, well causing serious damage and not more imum and maximum diameters may formed and which are free from decay, than one-fifth of this amount, or 1 per­ both be stated, as 1% to 2 inches, or 2 bacterial spot, cuts which are not healed, cent, shall be allowed for decay at ship­ to 2V4 inches, in accordance with the growth cracks, hail injury, scab, scale, ping point: Provided, That an additional facts. split pits, worms, worm holes, leaf or tolerance of 2 percent shall be allowed (3) “Diameter” means the shortest for soft, overripe, or decayed peaches en distance measured through the center of limb rub injury; and free from damage route or at destination. the peach at right angles to a line run­ caused by bruises, dirt or other foreign (4) V. S. No. 2. U. S. No. 2 consists: ning from the stem to the blossom end. material, other disease, insects or me­ of peaches of one variety which are ma­ (4) In order to allow for variations chanical or other means. ture but not soft or overripe, not badly incident to proper sizing, not more than (i) In addition to the above require­misshapen, and which are free from de­ 10 percent, by count, of peaches in any ments, each peach shall have not less cay, cuts which are not healed, worms, lot may be below the specified minimum 2892 PROPOSED RULE MAKING size and not more than 15 percent, may crack which is readily apparent, or when Interested parties may file written ex­ be above any specified maximum size. affecting shape to the extent that the ceptions to this recommended decision (e) Standard pack. (1) Each pack­ fruit is not well formed. with the Hearing Clerk, Room 1353, age shall be packed so that the peaches (5) “Serious damage” means any in­ South Building, United States Depart­ in the shown face shall be reasonably jury or defect which seriously affects the ment of Agriculture, Washington 25, representative in size, color and quality appearance, or the edible or shipping D. C., not later than the close of business of the contents of the package. quality of the peach. Any one of the on the 5th day after the publication of (2) Baskets. Peaches packed in U. S. following defects, or any combination this recommended decision in the F ed­ Standard bushel baskets, or half-bushel thereof, the seriousness of which exceeds eral R egister. Exceptions should be baskets shall be ring faced and tightly the maximum allowed for any one defect, filed in quadruplicate. packed with sufficient bulge to prevent shall be considered as serious damage: Preliminary statement. A public hear­ any appreciable movement of the (i) Bacterial spot, when any cracks ing, on the record of which the proposed peaches within the packages when are not well healed, or when aggregating marketing agreement and the proposed lidded. more than % inch in diameter. order amending the order, as amended, (3) Boxes. Peaches packed in stand­ (ii) Scab spots, when cracked, or were formulated, was called by the Pro­ ard western boxes shall be reasonably when healed and aggregating more than duction and Marketing Administration, uniform in size and arranged in the one inch in diameter. United States Department of Agricul­ packages according to the approved and (iii) Scale, when aggregating more ture, following receipt of a petition filed recognized methods. Each wrapped than y2 inch in diameter. by the Pure Milk Producers Association peach shall be fairly well enclosed by its (iv) Growth cracks, when unhealed, of Greater Kansas City, Inc. Additional individual wrapper. All packages shall or more than y2 inch in length. proposals were submitted by various be well filled and tightly packed but the (v) Hail injury, when unhealed, or handlers operating in the Kansas City contents shall not show excessive or un­ shallow hail injury when aggregating market. The hearing was conducted at necessary bruising because of over-filled more than % inch in diameter, or deep Kansas City, Missouri, on February 18- packages. The number of peaches in hail injury which seriously deforms the 19,1952, pursuant to a notice in the F ed­ the box shall not vary more than 4 from fruit or which aggregates more than y2 eral R egister (17 F. R. 1479). the number indicated on the box. inch in diameter. The material issues proposed on the (4) Peaches packed in other type (vi) Leaf or limb rubs, when smooth record of hearing and on which findings boxes such as wire-bound boxes and and light colored and aggregating more and conclusions are herein set forth are fibre-board boxes may be place packed, than l y2 inches in diameter, or dark or concerned with: or jumble packed faced, and all packs slightly rough and barklike scars aggre­ 1. The definition of “producer” as it shall be well filled. gating more than % inch in diameter. pertains to milk received at a pool plant (5) Peaches packed in boxes equipped (vii) Split pit, when causing any un­ supplying Class I milk to a United States with cell compartments or molded trays healed crack, or when healed and ag­ Government institution or base. shall be of the proper size for the cells gregating more than y2 inch in length 2. Allocating inter-handler transfers or the molds in which they are packed. including any part of the crack which of milk to Class II under certain condi­ (6) Peaches placed in individual paper may be covered by the stem. tions. cups and packed in boxes shall be in (viii) Soft or overripe peaches. 3. The level of class prices. cups of the proper size for the peaches. (ix) Wormy fruit or worm holes. 4. Increasing the rate of “take-out” (7) In order to allow for variations (6) “Badly misshapen” means that and changing the months to which the incident to proper packing, not more the peach is so decidedly deformed that “take-out” and “pay-back” of the fall than 10 percent of the packages in any its appearance is seriously affected. production incentive plan shall apply. lot may not meet these requirements. Done at Washington, D. C., this 28th Findings and conclusions. Evidence (f) Definitions. (1) “Mature” means day of March 1952. introduced at the hearings and the rec­ that the peach has reached the stage ord thereof indicated the need for emer­ of growth which will insure a proper [seal! George A. Dice, gency action with respect to the price completion of the ripening process. Deputy Assistant Administrator, for Class I milk applicable for April 1952. (2) “Well formed” means that the Production and Marketing Such emergency action with regard to shape of the peach may be slightly irreg­ Administration. the price of Class I milk for April 1952 ular but not to the extent that its ap­ [P. R. Doc. 52-3765; Piled, Apr. 2, 1952; was in the form of a final decision issued pearance is materially affected. 8:48 a. m.] by the Acting Secretary March 17, 1952 (3) “Leaf or limb rub injury” means (17 F. R. 2394). The following findings that the scarring is not smooth, not light and conclusions which are supplemen­ colored, or aggregates more than % inch tary to the findings and conclusions in diameter. made with respect to the aforesaid deci­ (4) “Damage” means any injury or [ 7 CFR Part 913 ] sion are based upon the evidence intro­ defect which materially affects the ap­ H andling of Milk in the G reater duced at the hearings and the record pearance, or the edible or shipping qual­ K ansas Cit y Marketing Area thereof. ity of the peach. Any one of the follow­ 1. Producer definition. The definition ing defects, or any combination thereof, NOTICE OF RECOMMENDED DECISION AND OP­ of producer should be clarified as it per­ the seriousness of which exceeds the PORTUNITY TO FILE WRITTEN EXCEPTIONS tains to milk which is received at a pool maximum allowed for any one defect, THERETO W ITH RESPECT TO A PROPOSED plant supplying Class I milk to a United shall be considered as damage: MARKETING AGREEMENT AND A PROPOSED States Government institution or base. (i) Bacterial spot when cracked, or ORDER, AMENDING THE ORDER, AS AMENDED The order now provides th at any person when aggregating more than % inch Pursuant to the provisions of the Agri­ who produces milk acceptable to agencies in diameter: cultural Marketing Agreement Act of of the United States Government for (ii) Scab spots when cracked, or when 1937, as amended (7 U. S. C. 601 et seq.), fluid consumption in its institutions or aggregating more than % inch in and the applicable rules of practice and bases would be considered a producer diameter; procedure, as amended, governing pro­ under the order, provided that his milk (iii) Scale, when concentrated, or ceedings to formulate marketing agree­ was received at a pool plant supplying when scattered and aggregating more ments and marketing orders (7 CFR Part Class I milk to such an institution or than lA inch in diameter; 900), notice is hereby given of the filing base in the marketing area. The rec­ (iv) Hail injury which is unhealed, with the Hearing Clerk of this recom­ ommended change would consider such or deep, or when aggregating more than mended decision of the Assistant Admin­ a person as a producer only if the milk y* inch in diameter; istrator, Production and Marketing Ad­ produced by him and delivered to a pool (v) Leaf or limb rubs, when not ministration, United States Department plant wa| acceptable to agencies of the smooth, or when not light colored, or of Agriculture, with respect to a proposed United States Government for fluid con­ when aggregating more than y2 inch in marketing agreement and a proposed or­ sumption in its institutions or bases as diameter. der amending the order, as amended, Type I; Type n , No. 1; or Type III, No. (vi) Split pit, when causing any un­ regulating the handling of milk in the 1. These categories are defined in the healed crack, or when causing any Greater Kansas City marketing area. Federal specification C-M-381e. The Thursday, April 3, 1952 FEDERAL REGISTER 2893

quality of milk thus defined is similar to able judgment with regard to which out­ located in the production area are com­ that established for Grade A milk in the lets their Class n sales are made. peting for local available manpower and area. Types I, II, and III are pasteur­ It is concluded that the record of the there is a general shifting of farm labor ized certified milk, pasteurized milk, and hearing does not substantiate any change to metropolitan areas for other work. homogenized pasteurized milk, respec­ in the transfer provisions a t this time. The various alternatives to working on tively. The grades other than No. 1 3. Revision of class prices, (a) The dairy farms in the Kansas City area have under Types II and III include milk of differential to be added to the basic for­ resulted in it not only being difficult to a poorer quality, No. 2 permitting a plate mula price in determining the Class I obtain such labor but tend to make such count not to exceed 500,000 per milliliter, price should be $1.15 per hundredweight farm labor high priced. and No. 3 a plate count not exceeding during the months of April through July Producers proposed a Class I differen­ 1,000,000 per milliliter. In effect, milk and $1.45 per hundredweight in all other tial of $1.45 throughout the year which which is similar in quality to Grade A months. In addition provision should would result in an average annual in­ would be pooled under the order and be made for automatically adjusting the crease of 22.5 cents in the differential milk of lower quality would be excluded Class I price in response to changes in instead of 12.5 cents as recommended from the pool as other source milk. The the relationship between market supply herein. Of the increase requested, the policy of the governmental institutions and demand. full amount during the months of April and bases is to use milk of lower quality The average annual increase in the through July would be set aside as a only when milk of a quality approximat­ Class I differential herein recommended “take-out” for distribution to producers ing Grade A, described above as Type is 12.5 cents per hundredweight. Al­ during the months of short production I; Type II, No. 1; or Type HI, No. 1, is though the order currently provides for under the fall production incentive plan. not available. The change herein recom­ a Class I differential of $1.45 for Septem­ Testimony at the hearing indicated that mended would not affect the status of ber through February and for a differen­ better seasonality of production is needed any handler or producer currently on tial of $1.00 for all other months, emer­ for the Kansas City market and that any the market but would merely tie in the gency conditions resulted in establishing incentive in price given should encourage language in the order with that of the a differential of $1.90 for November 1951 producers to supply the market more Federal specification which establishes through March 1952 and a differential adequately in the fall and to discourage the standards of quality for milk deliv­ of $1.45 for April 1952. Unneeded production in spring months. ered to governmental institutions and There are overlapping areas of com­ It is concluded that providing a Class I bases. petition in the Kansas City milkshed differential of $1.45 for the months of 2. Allocation of inter-handler trans­ wherein producers may shift from one August through March and $1.15 for fers. The transfer provision of the order market to another. Testimony at the April through July, and increasing the should not be changed at this time. hearing indicated that some handlers in take-out during these latter months for Handlers proposed that skim milk or the Springfield and St. Louis, Missouri distribution under the fall production butterfat transferred from a pool plant marketing areas compete for producers incentive plan as described in the dis­ to the pool plant of another handler be in such overlapping areas. In order to cussion of issue No. 4 will best accom­ classified as Class n if utilization of the maintain a supply of milk for the Kansas plish the desired results. ’ specific shipment could be established City market it is necessary that the Kan­ The purpose of the supply-demand in that class. The order provides th at sas City order price be maintained com­ adjustment proposed at the hearing is to skim milk or butterfat transferred from petitively to the price paid producers not provide automatic changes in Class I a pool plant to the pool plant of another only in the Springfield and St. Louis prices when need for such change is in­ handler may be classified as Class II markets but in all other markets whose dicated by the relationship of Class I only to the amount thereof remaining production areas overlap with that of the sales to the supply of milk produced for in Class II in the plant of the trans­ Kansas City market. the market. If the market has a normal feree-handler after the subtraction of Since January 1951 there has been a supply of milk the supply demand ad­ other source milk received at that plant continuous and substantial decline of justment would have no effect on the during the delivery period. In effect the the number of producers supplying the Class I price. If the Class I sales are a order provides that all other source milk Kansas City market. The 2,823 pro­ greater proportion of total production received during a delivery period be as­ ducers shipping in January 1951 com­ for the market than normally the Class signed to Class n before any milk re­ pares with 2,710 in January 1952. The I price would be increased. Conversely ceived from producers is assigned to th at low point in the number of producers the Class I price would be decreased class. shipping in this period was in December when Class I sales were less than the No practicable or specific means of 1951 with 2,706 producers delivering to normal proportion of total production providing within the framework of the the Kansas City market. This is the for the market. order the change requested by handlers lowest number of producers that had A principal advantage of having a was proposed. To require handlers of shipped to the Kansas City market since supply-demand adjustment in the order pool plants to report in detail the spe­ April 1950. is that changes in the relationship of cific disposition of each unit of milk, Along with a decline in the number of Class I sales to production for the mar­ skim milk and cream received, and to producers shipping to the Kansas City ket are promptly reflected in the price require the market administrator to market the average daily receipts per and there would be less frequent need audit in such detail, would be prescrib­ farm has in every month since July 1951 for hearings. Much time is necessarily ing requirements which are far more been lower than that for the same month lost between the time a hearing is re­ costly to maintain than would be the of the preceding year. The average daily quested and the time an amendment value to the market of such require­ receipts per farm in January 1952 of 259 resulting from such hearing becomes ef­ ments. This is emphasized even fur­ pounds of milk was 17 pounds less than fective. For example, producers con­ ther when it is noted that the situation in January 1951, and the total decline in tended that the emergency pricing of which the proposal is supposed to cor­ producer receipts in January 1952 from Class I milk in the Kansas City order rect, according to a handler witness, the same month of a year ago of 2.4 which was made effective November 1, would happen to an average company million pounds is a drop of 10 percent. 1952, was needed some several months not more than once or twice a year. The severe drop in producer deliveries before that time but action could not be The quantity of milk involved in inter­ to the Kansas City market has been obtained because of the time required by handler transfers as affected by this accompanied by a continuing increase in the hearing process. proposal was not established on the rec­ Class I sales. During 1951 total Class I An analysis of changes in production ord. Apparently, it is not a large part sales were 4.6 percent above the equiva­ and sales in the market indicates that of the Class n sales in the market and lent sales in 1950, and in January 1952 any adjustment made should reflect con­ is not a regular part of a handler’s busi­ Class I sales were 4.7 percent, or 1.015 ditions as currently as possible. The million pounds, above those of January use of the data in the first and second ness. There are many other outlets for 1951. delivery periods immediately preceding Class n milk available to Kinsas City Producers testified that the labor situ­ could conveniently be used in the Kan­ handlers, and they may well avoid the ation with regard to help on dairy farms sas City market. Such data would be possibility of having Class II sales re­ in the Kansas City milkshed is extremely available to the market administrator classified as Class I by exercising reason- critical. Defense plants and an air base to enable him to announce the supply No. 66------2 2894 PROPOSED RULE MAKING demand adjustment factor by the 10th centage for the applicable month the to the market administrator to use in of the month to which it is applicable. percentage for that month from the computing the Class II price. Neither Although this would result in having above table. The Class I price would be was it established as to whether the price the Class I price announcement made increased 4 cents for reach plus per­ attributed as having been paid by each 5 days later than is now provided for centage point in excess of 2 in the net of these plants was the f. o. b. plant price in the order, the advantage of having utilization adjustment and would be de­ or a price adjusted by various differen­ the most current month reflected in the creased 4 cents for each minus percent­ tials. supply demand adjustment factor out­ age point in excess of 2 in the net None of the testimony indicated that weighs the disadvantage of a few days utilization adjustment. A maximum the quotations now provided for in the delay in the price announcement. limit in the amount of adjustment would order in establishing the Class II price The records of the market indicate be 45 cents. are inadequate. The principal conten­ that in the period June 1950 through Requiring a 3 point percentage varia­ tion of the handlers with regard to Class June 1951, which period was proposed tion from the representative relationship II pricing was that they were losing as a base period by the proponents, the before making any monetary adjustment money in handling Class II milk and Kansas City market was more ade­ would provide for random variations in that therefore the price should be re­ quately supplied with milk for fluid use supplies and sales. duced. Handler’s profits and losses are than at any other time in the recent The producers proposed that when a not the only consideration affecting the history of the market. Over this pe­ Class I price increase was indicated by Class II price and the detailed evidence riod production followed a reasonable a supply demand adjustment the rate necessary to support the loss claimed seasonal pattern. be 4 cents per percentage point, and was not submitted at the hearing. It Handlers proposed that if the supply that when a price decrease was indicated is concluded that no action should be demand adjustment provision is incor­ the rate be 3 cents per percentage point. taken at this time with regard to re­ porated into the order it should not be They also proposed that there be no limit ducing the level of the Class n price or applicable to the spring months of flush in the amount that Class I price be in­ replacing the formula used in its deter­ production. They stated that to pro­ creased by reason of the supply demand mination. vide otherwise would encourage produc­ adjustment, but that a decrease by rea­ 4. Fall production incentive plan. The tion when it was not needed. The sup­ son of adjustment be limited to 45 cents. rate of deduction, or take-out, under the ply demand provision is not per se a The record fails to substantiate the con­ fall production incentive plan should be device for levelling out production. The tention that different rates should be 40 cents per hundredweight on all milk ratio used in its application indicates used in adjusting the price upward and received from producers during the the trend of production and sales and downward and that a maximum limit months of April through July. The thereby forecast the ratio of Class I should be placed on the downward ad­ order currently provides for a rate of sales to production in the months im­ justment rate only. If the supply de­ 20 cents during the months of May, mediately following. The seasonality mand adjustment over a sustained period June and July. which is used in the base period should affects the Class I price by the maximum The need for increasing the amount of be that seasonality which is normal to limits it would be an indication that a the take-out was uncontroverted on the the market. Such seasonality was most hearing is needed to review the overall hearing record. Production of more nearly obtained during the base period Class I pricing provisions of the order. milk in the fall months is needed in the proposed by producers June 1950 through (b) The proposal by handlers to revise Kansas City market. An increase in June 1951. the present order provisibns for pricing returns to producers for this production Producers testified that the seasonal­ Class II milk so as to use as a basis there­ through the fall production incentive ity of production for the Kansas City for the average of the prices paid by 14 plan would be an incentive to producers market should be improved and th at local manufacturing plants handling un­ to level out their production. this could best be accomplished by in­ graded milk should not be adopted. One group of producers proposed a creasing the take-out in the spring and The 14 plants selected by the dealers take-out of 75 cents per hundredweight months for distribution under the fall on the basis of their proximity to Kan­ on all Class I milk instead of computing production incentive plan, as is discussed sas City are all within 100 miles of the the take-out on all milk received from in issue No. 4. If the improvement in marketing area. Evidence submitted at producers as now provided for in the seasonality is obtained, production in the hearing with regard to the opera­ order. Using Class I sales instead of the spring months would be lower and tion of these plants was incomplete. It production as a basis for the take-out the percentage that Class I sales are of was not indicated to what extent, if was not shown to be of advantage to the production in these months would be any, handlers in the Kansas City market market. greater than in the base period pro­ sold milk for manufacturing purposes On the basis of Class I sales in the posed. Consideration should be given to these plants or whether any milk for months of April through July 1951 a 75 to this factor by “idealizing” a percent­ manufacturing purposes was purchased cents take-out would have been the age factor in the base period in the by Kansas City handlers from these equivalent of a monthly rate of from supply demand formula for the months plants. Whether the prices paid at these 47.4 to 59.4 cents per hundredweight on of April through July. Giving consid­ manufacturing plants have a significant all milk over the four month period. eration to this, the percentages recom­ affect on the value of surplus milk in the The producer group which proposed a mended for use in the supply demand Kansas City area or whether the prices 75 cents take-out on Class I had also adjustment formula would be as fol­ which they pay their producers for un­ proposed that the funds for this increase lows: graded milk is indicative of the value be obtained from increasing the Class I of Class II milk and the uses to which differential during the spring months. Delivery period it is put by Kansas City handlers was The Class I price substantiated by the for which price Delivery periods used in Per­ record, and discussed in issue No.. 3 does applies computation centage not established. The present Class n price is based on not provide an adequate increase to make a butter-powder formula or on the aver­ available such funds for a take-out. The N ovember-December___ 89 recommended increase in the Class I dif­ 87 age price paid at 18 midwestem con- January-February...... 84 denseries, whichever is higher. A floor ferential of 15 cents per hundredweight Fehmary-M arnh ' 82 will compensate for approximately half March-Àpril____ ... ____ 80 on these prices is provided by the prices 75 paid by three local manufacturing of the increase in the take-out in the 68 plants. The butter-powder and the 18 spring months. 66 Various proposals were made concern­ 66 condensery quotations are readily avail­ August-September.. . . ___ 73 ing the months to which the take-out September-October_____ 82 able, are representative prices for milk and pay-back of the fall incentive plan October-November___... 87 used for manufacturing purposes, and should apply. Handler representatives are used widely in marketing orders proposed th at April replace July as a In making the adjustment in the Class throughout the country. On the other take-out month and that September re­ I price each month a “net utilization hand, it is not shown that the quotations place December as a pay-back month. percentage” would be obtained by sub­ of the prices paid by the 14 ungraded Handlers contended that producers re­ tracting from the Class I utilization per- manufacturing plants would be available spond productionwise on the basis of Thursday, April 3, 1952 FEDERAL REGISTER 2895 when they received payment for milk. order, as amended, and as hereby pro­ § 913.51 Class prices. * * * They claimed, for example, that pro­ posed to be further amended, are such (a) Class I milk. The basic formula ducers are not sufficiently responsive to prices as will reflect the aforesaid price for the preceding delivery period the fall production incentive plan until factors, insure a sufficient quantity of plus $1.15 during each of the delivery payments on October deliveries are made pure and wholesome milk, and be in the periods of April, May, June and July, and in November. By moving the pay-back public interest; and plus $1.45 during all other delivery peri­ up a month to include September it was (c) The proposed order, as amended, ods, plus or minus a “supply demand” contended producers would be made and as hereby proposed to be further adjustment computed as follows: aware a month earlier (in October) of amended, will regulate the handling of (1) Divide the total gross volume of the premium payments for fall produc­ milk in the same manner as, and will be Class I milk (less inter-handler trans­ tion. There was no testimony by pro­ applicable only to persons in the respec­ fers) in the first and second delivery ducers in support of the handler proposal tive classes of industrial and commercial periods immediately preceding by the to change the pay-back months, and it activity specified in a marketing agree­ total receipts of producer milk for the was not estalished that producer re­ ment upon which a hearing has been same delivery periods, multiply the re­ sponse to fall production would be better held. sult by 100, and round to the nearest by giving consideration to the time when Recommended marketing agreement whole number. The result shall be payment is made for milk instead of by and order amending the order, as known as the Class I utilization per­ paying the higher prices for milk pro­ amended. The following order amend­ centage. duced during the months when it is ing the order, as amended, is recom­ (2) Compute a “net utilization per­ needed. mended as the detailed and appropriate centage” by subtracting from the Class I Adding April to the take-out months means by which the foregoing conclu­ utilization percentage computed pursu­ as proposed by producers would have sions may be carried out. The market­ ant to subparagraph (i) of this para­ four months in the take-out period and ing agreement is not included in this graph, the percentage shown below for three months in the pay-back. April is recommended decision because the reg­ the delivery period: generally associated with the months of ulatory provisions thereof would be flush production in the Kansas City m ar­ identical with those contained in the Delivery period ket. The take-out in this month will for price which Delivery periods used in Per­ order, as amended, and as hereby pro­ computation contribute significantly toward increas­ posed to be further amended. applies centage ing the fall production incentive plan 1. Amend § 913.7 to read as follows: payments. The prices currently pro­ Januarv . _ . . 89 vided in the order have not sufficiently § 913.7 Producer. “Producer” means February______87 any person, other than a producer- March______M improved the seasonality of production April...... 82 with regard to the supply of milk for handler, who (a) produces milk under a May______80 dairy farm permit or rating issued by June... ____ 75 the fall months. The increased moneys July...... 68 set aside by adding April to the take-out the applicable health authority of the August______Junê-July .... 66 marketing area for the production of September______66 months together with increasing the rate October______73 of take-out will result in correspondingly milk to be used for consumption as milk November______82 in the marketing area on a dairy farm December _. . . larger payments to producers for milk 87 delivered to the market in October, No­ subject to the regular inspection of such authority, which (1) is received at a pool vember, and December. This will ac­ (3) For each plus percentage point in plant, or (2) is caused to be diverted from centuate in a desired manner the sea­ excess of 2 in the “net utilization per­ a pool plant to a nonpool plant by a sonality of uniform prices returned to centage” the Class I price shall be in­ producers. handler or cooperative association for the account of such handler or coopera­ creased 4 cents and for each minus per­ Rulings on proposed findings and con­ tive association, or (b) produces milk ac­ centage point in excess of 2 in the “net clusions. Briefs were filed on behalf of ceptable to agencies of the U. S. Govern­ utilization percentage” the Class I price producers and handlers who would be ment for fluid consumption in its institu­ shall be decreased 4 cents: Provided, subject to the proposed marketing agree­ tions or bases as Type I; Type II, No. 1; That in no event shall an adjustment ment and order, as amended, and as or Type m , No. 1, which is received a t a made pursuant to this subparagraph ex­ hereby proposed to be further amended. pool plant supplying Class I milk to such ceed 45 cents per hundredweight. The briefs contained suggested findings an institution or base in the marketing of fact, conclusions, and arguments with 4. Amend § 913.71 (c) to read as fol­ area. Ih is definition shall not include lows: respect to the proposals discussed at the a person with respect to milk produced hearing. Every point covered in the by him which is received by a handler (c) For each of the delivery periods briefs was carefully considered along who is subject to another Federal mar­ of April, May, June and July, subtract with evidence in the record in making keting order and who is partially ex­ an amount equal to 40 cents per hun­ the findings and reaching the conclu­ empted from this part pursuant to the dredweight of the total amount of milk sions hereinbefore set forth. To the ex­ provisions of § 913.62. As used in this received by handlers from producers and tent that the suggested findings and part “dairy farm permit or rating” Included in these computations, to be conclusions contained in the briefs are means one issued by the health author­ retained in the producer-settlement inconsistent with the findings and con­ ity charged with the inspection of milk fund for the purpose specified in § 913.86; clusions contained herein, the requests for fluid consumption in the part of the to make such findings or to reach such Filed at Washington, D. C., this 31st marketing area where such milk is sold day of March 1952. conclusions are denied on the basis of or disposed of, or was sold or disposed of the facts found and» stated in connection before being diverted. [ seal] R ot W. L ennartson, with the findings and conclusions in this Assistant Administrator. recommended decision. 2. Amend § 913.22 (j) (1) to read as follows: [F. R. Doc. 52-3820; Filed, Apr. 2, 1952; General findings. (a) The proposed 8:52 a. m.] marketing agreement and the proposed (1) On or before the 10th day of each order, amending the order, as amended, month the minimum price for Class I and all of the terms and conditions milk pursuant to § 913.51 (a) and the DEPARTMENT OF LABOR thereof, will tend to effectuate the de­ Class I butterfat differential pursuant to clared policy of the act; § 913.52 (a), both for the current deliv­ Division of Public Contracts (b) The parity prices of milk as de­ ery period; and on or before the 5th day termined pursuant to section 2 of the of each month the minimum price for [ 41 CFR Part 202 ] act are not reasonable in view of the Class II milk pursuant to § 913.51 (b) Metal B usiness E quipment I ndustry price of feeds, available supplies of and the Class II butterfat differential feeds and other economic conditions pursuant to §913.52 (b), both for the NOTICE OP HEARING WITH RESPECT TO PRE­ which affect market supply ot and de­ delivery period immediately preceding; VAILING MINIMUM WAGE mand for milk in the marketing area, and Pursuant to the provisions of the and the minimum prices specified in the 3. Delete § 913.51 (a) and substitute Walsh-Healey Public Contracts Act (Act Proposed marketing agreement and the therefor the following: of June 30,1936, 49 Stat. 2036; 41 U. S. C. 2896 PROPOSED RULE MAKING secs. 35-45) it is proposed to hold a hear­ from the close of the hearing may be al­ § 40.76 for instrument or over-the-top ing for thé purpose of determining the lowed for the filing of comment on the operation. In scheduled cargo operation, prevailing minimum wage in the Metal evidence and statements introduced into §§ 40.143 and 40.59 apply. Limitations Business Equipment Industry. the record of the hearing. In the event for passenger aircraft operated in irreg­ The Metal Business Equipment In­ such supplemental statements are re­ ular or off-route operation, however, are dustry for the purpose of this hearing ceived an original and four copies of contained in § § 42.80 to 42.83, inclusive, is defined as that Industry which manu­ each such statement should be filed. of Part 42. The CAA has provided per­ factures or furnishes any metal busi­ formance data for both the DC-3 and the Signed at Washington, D. C., this 28th ness equipment, including but not limited L-18 when operated in accordance with day of March 1952. to, the following products: (1) Bank Part 42, and the necessary information counters; benches; stools; bookcases; F. Granville Grim es, Jr., for obtaining maximum weights is con­ chairs; desks; desk trays; filing boxes, Acting Administrator, Wage tained in CAM 42. Twenty-nine sched­ cabinets and cases; cabinets for printers’ and Hour and Public Con­ uled carriers are operating under the type; storage cabinets; cabinet parti­ tracts Division. limitations in Part 42 in accordance with tions; tables; visible business equipment; SR-356 which thereby allows increased wardrobes; and waste baskets; (2) lock­ fP. R. Doc. 52-3743; Piled, Apr. 2, 1952; landing weights. 8:45 a. m.] ers; racks; and industrial and general- There has been considerable discussion purpose shelving; (3) rotating bins and in the past regarding the operating sectional bins; tool boxes, tool cabinets requirements for the DC-3 and L-18 air­ and tool chests; metal boxes, metal CIVIL AERONAUTICS BOARD craft, and final decision has been post­ chests and metal cases. I 14 CFR Parts 40,41,42,45, and 61 1 poned on the assumption that these air­ Some of these products are now in­ craft would be ruled out of service at cluded in the wage determination for Operating Limitations for Aircraft Not some foreseeable date. However, as the the Metal Furniture Branch of the Fur­ Certificated in the T ransport Category Board has proposed to remove this date niture Manufacturing Industry (41 CFR from the Civil Air Regulations (see NOTICE OF PROPOSED RULE MAKING 202.27). Draft Release No. 51-13 and 16 F. R. Now, therefore, notice is hereby given Pursuant to authority delegated by the 11787), it is considered essential to in­ that a public hearing will be held on Civil Aeronautics Board to the Bureau clude appropriate performance require­ Tuesday, June 24,1952, at 10:00 a. m. in of Safety Regulation, notice is hereby ments in revised Part 46. It is expected Room 1214 of the Department of Labor, given that the Bureau will propose to that these new requirements will provide Constitution Avenue and Fourteenth the Board additional revisions of the cur­ a sound basis for the operation of these Street Northwest, Washington, D. C., be­ rent provisions of Parts 40 and 61 of the aircraft and will eliminate the need for fore the Administrator of the Wage and Civil Air Regulations and an amendment the interpretive material which must be Hour and Public Contracts Divisions or to Special Civil Air Regulation SR-356 associated with present operations. a representative designated to preside in in substance as hereinafter set forth. In Draft Release No. 50-8, dated Octo­ his place, at which hearing all interested Interested persons may participate in ber 2, 1950 (15 F. R. 6700) the Bureau persons may appear and submit data, the making of the proposed rules by sub­ had proposed the adoption in Part 40 of views and argument (1) as to what are mitting such written data, views, or argu­ the requirements of §§ 42.80 through the prevailing minimum wages in the ments as they may desire. Communica­ 42.83 to be used for scheduled passenger Metal Business Equipment Industry; (2) tions should be submitted in duplicate operations. Several objections to the as to whether there should be included to the Civil Aeronautics Board, attention application of these requirements to in any determination for this Industry Bureau of Safety Regulation, Washing­ scheduled operations were made on the provision for employment of learners, ton 25, D. C. In order to insure their ground that they would impose on cer­ beginners (or probationary workers), consideration by the Board before taking tain operators further restrictions and/or apprentices at subminimum rates, further action on the proposed rules, which would be unduly burdensome and and if so, in what occupations, at what communications must be received by not warranted by the excellent safety subminimum rates, and with what limi­ May 2, 1952. Copies of such communi­ record of these aircraft. tations, if any, as to length of period and cations will be available after May 6, The proposed new performance re­ number or proportion of such submini­ 1952, for examination by interested per­ quirements are based on the principles mum rate employees; and (3) as to the sons at the Docket Section of the Board, of §§ 42.80 through 42.83, but with the adequacy of the proposed definition. Room 5412, Commerce Building, Wash­ following important changes: Persons intending to appear are re­ ington, D. C. 1. The air carrier is permitted to take quested to notify the Administrator of Reference should be made to the pro­ account of 50 percent of the head-wind their intention in advance of the hear­ posed revision of Part 40 of the Civil Air component, and is required to take ac­ ing. W ritten statements in lieu of per­ Regulations, Scheduled Interstate Air count of 150 percent of the tail-wind sonal appearance may be filed by mail Carriers Certification and Operation component on all take-offs. The prac­ at any time prior to the date of the hear­ Rules, which was -published as a notice tice of taking account of head wind on ing, or may be filed with the presiding of proposed rule making (16 F. R. 8923) take-off is presently being followed with officer at the hearing. An original and and circulated as Draft Release No. 51-6. transport category aircraft and has four copies of any such statement should The proposed revision omitted perform­ proven to be both safe and operationally be filed. ance requirements for aircraft types satisfactory. Recent amendments to A wage survey of selected establish­ certificated prior to July 1, 1942, and Parts 41, 42, and 61 require taking into ments in the Metal Business Equipment reserved the question for study with account tail-wind components during Industry was made by the Bureau of interested segments of the aviation in­ take-off and landing* for aircraft certifi­ Labor Statistics as of July 1951. Tabu­ dustry. While the Board considers that cated under transport category require­ lations of the survey data released by performance limitations for aircraft of ments, and there appears to be no reason the Bureau as of March 2, 1952 and ad­ this type are necessary in revised Part 40, why this practice should not be followed ditional tabulations prepared from such it is also mindful of the excellent safety In the operation of nontransport cate­ data at the request of the Wage and records of such aircraft as the Douglas gory aircraft. Hour and Public Contracts Divisions will DC-3 and Lockheed 18 and therefore 2. The requirement for the width of be made available to interested persons does not intend unduly to penalize them. route over which vertical clearance is upon request to the Wage and Hour . At the present time 14 of the sched­ required has been changed from 20 miles and Public Contracts Divisions, United uled air carriers are operating their DC-3 States Department of Labor, Washing­ (with a proviso that 10 miles may be used and L-18 equipment under the perform­ for distances of no more than 20 miles if ton, D. C. Interested persons are in­ ance limitations shown in paragraphs 8 special air navigation facilities are pro­ vited to submit wage data, including and 10 of the preface pages of their data as to changes which may have opertions specifications which were pre­ vided) to 10 miles. Ten miles is the taken place in the wage structure of the scribed by the Administrator in Novem­ usual airway width and the width of the Industry since the time of the survey. ber 1945. In passenger operation the prescribed route in off-airway operation. In the discretion of the presiding offi­ operators must also comply with §§ 40.58 Air carriers must demonstrate that they cer, a period of not to exceed 30 days and 40.59 for visual flight operation, and can navigate in this airspace. Thursday, April 3, 1952 FEDERAL REGISTER 2897 3. The Administrator may authorize category aircraft shall be used in deter­ (3) The wing flaps and landing gear the use of a procedure which substitutes mining compliance with these provisions. are in the most favorable positions; excess altitude for rate of climb as pertains to terrain clearance, if, after a § 40.63 Take-off limitations. No take­ (4) The operative engine or engines consideration of the operational factors off shall be made at a weight in excess are operating at the maximum continu­ ous power available; involved on a particular route, route seg­ of that which will permit the aircraft to ment, or area, he finds that such a pro­ be brought to a safe stop within the (5) The aircraft is operating in the standard atmosphere; cedure will not compromise safety. effective length of the runway from any Sections 40.58 (a) (2) and 40.76 (a) (2) point during the take-off up to the time (6) The weight of the aircraft is pro­ of the present Part 40 indicate that such of attaining 105 percent Vmq or 115 gressively reduced by the weight of the procedures may be approved for air car­ percent Vslt whichever is the greater. In anticipated consumption of fuel and oil. riers, and several carriers have been applying the requirements of this § 40.65 Landing distance limitations; operating within the intent of these section: airport of intended destination. No paragraphs for many years. There ap­ (a) It may be assumed that take-off take-off shall be made at a weight in pears to be no reason, therefore, why power is used on all engines during the excess of that which, allowing for the this provision should not be made more acceleration; anticipated weight reduction due to con­ explicit. It should be emphasized that (b) Account may be taken of not more sumption of fuel and oil, will permit the if such a prpcedure is scheduled, it will than 50 percent of the reported wind aircraft to be brought to a stop within be subject to approval by the Adminis­ component along the take-off path if op­ 70 percent of the effective length of the trator to insure that adequate attention posite to the direction of take-off, and most suitable runway at the airport of is given to the operational factors in­ account shall be taken of not less than intended destination. In applying the volved, such as prevalance and magni­ 150 percent of the reported wind com­ requirements of this section: tude of turbulence, adequacy qf weather ponent if in the direction of the take­ (a) It shall be assumed that the land­ forecasting, and navigational facilities, off; ing is made in still air: Provided, That and to insure that the aircraft will have (c) Account shall be taken of the in the event the probable wind at the sufficient altitude prior to crossing high average runway gradient when the estimated time of landing would require terrain. . average gradient is greater than V2 per­ the use of a runway other than the At the present time SR-356 provides cent. The average runway gradient is longest runway, account may be taken of that, if nontransport category aircraft the difference between the elevations of not more than 50 percent of the probable are operated under the operating limi­ the end points of the runway divided by wind component along the landing path tations of §§ 42.80 through 42.83, their the total length; if opposite to the direction of landing, maximum landing weight can be in­ (d) It shall be assumed that the air­ and account shall be taken of not less creased to the value of their m aximum craft is operating in the standard atmos­ than 150 percent of the probable wind certificated take-off weight. There ap­ phere. component if in the direction of landing; pears to be no reason why this pro­ § 40.64 En route limitations; one (b) It shall be assumed that the air­ vision cannot be made applicable to engine inoperative, (a) No take-off craft passes directly over the intersection nontransport category aircraft operat­ shall be made at a weight in excess of of the obstruction clearance line and the ing under the proposed §§ 40.62 through that which will permit the aircraft to runway at a height of 50 feet in a steady 40.65. Therefore, it is proposed to climb at a rate of at least 50 feet per gliding approach at a true indicated air amend SR--356 to so provide. minute with the critical engine inopera­ speed of at least 1.3 Vso; The Bureau is mindful of the differ­ tive at an altitude of at least 1,000 feet (c) It shall be assumed that the land­ ence which will result between Parts 40 above the elevation of the highest ing is made in such a manner that it and 42 in the event these proposed rules obstacle within 5 miles on either side of does not require any exceptional degree are adopted. Therefore, to avoid that the intended track or at an altitude of of skill on the part of the pilot; undesirable situation it is expected that 5,000 feet, whichever is the higher: Pro­ (d) It shall be assumed that the air­ an amendment to Part 42 will be pro­ vided, That, in the alternative, an air craft is operating in the standard atmos­ posed upon adoption of revised Part 40. phere. carrier may utilize a procedure whereby The question of a similar amendment the aircraft is operated at an altitude to Part 41 will also be considered, tak­ 2. By amending SR-356 to read as such that in event of an engine failure follows: ing into account the differences between the aircraft can clear the obstacles Contrary provisions of the Civil Air Regu­ international and domestic operations. within 5 miles on either side of the in­ It is therefore proposed to further re­ lations notwithstanding, an airplane type tended track by 1,000 feet, if the air vise Parts 40 and 61 and to amend Spe­ certificated prior to July 1, 1942, may be used carrier can demonstrate to the satisfac­ for the carriage of persons in scheduled or cial Civil Air Regulation SR-356 as irregular air carrier service at a maximum follows: tion of the Administrator that such a procedure can be used without impairing landing weight not exceeding its maximum 1. By inserting in the revision of P art the safety of operation. If such a pro­ certificated take-off weight for passenger 40, Scheduled Interstate Air Carrier cedure is utilized, the rate of descent for service: Provided, That such landing weight does not exceed the weight for which the Certification and Operation Rules, the the appropriate weight and altitude shall following §§ 40.62 through 40.65: structure has been substantiated in accord­ be assumed to be 50 feet per minute ance with the structural requirements upon § 40.62 Operating limitations for air­ greater than indicated by the perform­ which the original certification was based: craft not certificated in the transport ance information published or approved Provided further, That the airplane is oper­ category. In operating any large, non­ fry the Administrator. Before approving ated in accordance with operating limita­ transport category aircraft in passenger such a procedure, the Administrator shall tions established pursuant to § § 40.62 service after July 1, 1952, the provisions take into account, for the particular through 40.65 of the Civil Air Regulations, as heretofore or hereafter amended, in the case of §§ 40.63 through 40.65 shall be com­ route, route segment, or area concerned, of scheduled interstate air carriers, or plied with, unless deviations therefrom the reliability of wind and weather fore­ §§ 42.80 through 42.83 of the Civil Air Regu­ are specifically authorized by the Ad­ casting, the location and types of aids lations, as heretofore or hereafter amended, ministrator on the ground that the to navigation, the prevailing weather in the case of all other air carriers: And special circumstances of a particular conditions, particularly the frequency provided further, That if an air carrier op­ case make a literal observance of the and amount of turbulance normally en­ erating in accordance with Part 41 of the requirements unnecessary for safety. countered, terrain features, air traffic Civil Air Regulations elects to operate air­ craft under the provisions of this Special Prior to that date such aircraft shall be control problems, and all other opera­ Civil Air Regulation, it shall be required operated in accordance with such oper­ tional factors which affect the safety of that all of its aircraft of the same or related ating limitations as the Administrator an operation utilizing such a procedure. types be operated thereunder. determines will provide a safe relation (b) In applying the requirements of between the performance of the aircraft . The authorization established by the paragraph (a) of this section, it shall provisions of, this regulation shall con­ and the airports to be used and the be assumed th at: areas to be traversed. Performance data tinue in effect until superseded or re­ (1) The critical engine is inoperative; scinded. published or approved by the Adminis­ (2) The propeller of the inoperative trator for each such nontransport These amendments are proposed un­ engine is in the minimum drag position; der the authority to Title VI of the Civil PROPOSED RULE MAKING 2898 Dated: March 28, 1952, at Washing­ 2 part falls, identified by arrangement Aeronautics Act of 1938, as amended. dwg. No. 3324-6, revised May 11, 1951, ton, D. C. The proposals may be changed in the manufactured by Welin Davit and Boat light of comments received in response By the Bureau of Safety Regulation. Division of Continental Copper & Steel to this notice of proposed rule making. [seal! J ohn M. Chamberlain, Industries, Inc., Perth Amboy, N. J. (Sec. 205 (a), 52 Stat. 984; 49 U. S. C. 425 Director. (R. S. 4405, 4417a, 4426, 4488, 4491, 49 Stat. (a). Interpret or apply secs. 601-610, 52 1544, 54 Stat. 346, and sec. 5 (e ), 55 Stat. 244, Stat. 1007-1012; 49 U. S. O. 501-510; 62 Stat. (F. R. Doc. 52-3796; Filed, Apr. 2, 1952; 8:50 a. m. as amended; 46 3 . S. C. 367, 375, 391a, 404, 1216) 481, 489, 1333, 50 U.' S. C. 1275; 46 CFR 160.021) LIFEBOATS Approval No. 160.035/271/0, 22.0' x NOTICES 6.75' x 2.92' steel, oar-propelled lifeboat, 25-person Capacity, identified by con­ struction and arrangement dwg. No. Approval No. 160.008/501/0,15" x 15" 22-1B dated October 16,1950, and revised DEPARTMENT OF THE TREASURY x 2 " rectangular buoyant cushion, 24-oz. January 24, 1952, manufactured by Ma­ United States Coast Guard Typha (processed cattail floss), dwg. rine Safety Equipment - Corp., Point dated January 21, 1952, manufactured Pleasant, N. J. [CGFR 52-19] by The Safegard Corp., Box 66, Station Approval No. 160.035/284/0. 16.0' x 5.5' Approval op E quipment B, Cincinnati, Ohio. x 2.38' aluminum, oar-propelled lifeboat, Note: Approved for the duration of the 12-person capacity, identified by con­ By virtue of the authority vested in National Emergency and for six months struction and arrangement dwg. No. me as Commandant, United States Coast thereafter or 5 years, whichever occurs first. 16-3, dated October 17,1951, and revised Guard, by Treasury Department Order February 4, 1952, manufactured by Ma­ Approval No. 160.008/506/0, 14" x 18" No. 120, dated July 31, 1950 (15 P. R. rine Safety Equipment Corp., Point x 2 " rectangular buoyant cushion, 22-oz. 6521), and in compliance with the au­ Pleasant, N. J. thorities cited below, the following ap­ kapok, American Pad & Textile Co. dwg. No. B-66 dated January 23,1942, revised (R. S. 4405, 4417a, 4426, 4481, 4488, 4491, provals of equipment are prescribed and 4492, 35 Stat. 428, 49 Stat. 1544, 54 Stat. 346, shall be effective for a period of five years March 6, 1946, manufactured by The American Pad & Textile Co., Greenfield, and sec. 5 (e ), 55 Stat. 244, as amended; 46 from date of publication in the F ederal U. S. C. 367, 375, 391a, 396, 404, 474, 481, 489, R egister unless sooner canceled or sus­ Ohio, for Wood-Stream Outdoor Prod­ 490, 1333, 50 U. S. C. 1275; 46 CFR 33.01-5, pended by proper authority, except Ap­ ucts, 200 East Ohio Street, Pittsburgh 12, 59.13, 76.16, 94.15, 113.10, 160.035) Pa. proval No. 160.008/501/0, which is LINE-THROWING APPLIANCE, IM PULSE- further limited to the duration of the Approval No. 160.008/507/0, 15" x 16" PROJECTED ROCKET TYPE National Emergency and for six months x 2 " rectangular buoyant cushion, 21-oz. thereafter: kapok, dwg. No. 2-14-52, manufactured Approval No. 160.040/1/1, Kilgore by Atlantic-Pacific Manufacturing Corp., Towline Rocket Appliance Model GR 52 LIFE PRESERVERS, FIBROUS GLASS, ADULT AND 124 Atlantic Avenue, Brooklyn 2, N. Y. CK, impulse-projected rocket type line­ CHILD (JACKET TYPE) (R. S. 4405, 4491, 54 Stat. 164, 166, as throwing appliance, rocket assembly Approval No. 160.005/7/0, Model 52 amended; 46 U. S. C. 375, 489, 526e, 526p; 46 dwg. No. KM 1901 dated November 28, adult fibrous glass life p r e s e r v e r , CFR 25.4-1, 160.008) 1949, Rev. No. 3 dated September 15, U. S. C. G. Specification Subpart 160.005 BUOYS, LIFE, RING, CORK OR BALSA WOOD 1950, buoyant rocket assembly dwg. No. manufactured by Victory Apparel Man­ KM 1906 dated April 10, 1950, Rev. No. ufacturing Corp., 238—50 Passaic Street, Approval No. 160.009/39/0, 30-inch 1 dated September 15, 1950, Cartridge Newark 4, N. J . balsa wood ring life buoy, dwg. No. 501, assembly dwg. No. FXC-201 dated Au­ Approval No. 160.005/8/0, Model 56 dated December 1, 1951, manufactured gust 17, 1951, revision No. 1 dated Feb­ child fibrous glass life p r e s e r v e r , by Kamor Manufacturing Corp., 426 ruary 14, 1952, appliance assembly dwg. U. S. C. G. Specification Subpart 160.005, Great East Neck Road, West Babylon, No. KM 1911 dated November 28, 1949, manufactured by Victory Apparel Manu­ N. Y. Rev. No. 1 dated March 10, 1950, manu­ facturing Corp., 238-50 Passaic Street, (R. S. 4405, 4417a, 4426, 4482, 4488, 4491, sec. factured by Kilgore, Inc., International Newark 4, N. J . 11, 35 Stat. 428, 49 Stat. 1544, 54 Stat. 164, Flare-Signal Division, Westerville, Ohio. (R. S. 4405, 4417a, 4426, 4481, 4482, 4488, 4491, 166, 346, and sec. 5 (e), 55 Stat. 244, as (Supersedes Approval No. 160.040/1/0 amended; 46 U. S. C. 367, 375, 391a, 396, 404, 4492, 35 Stat. 428, 49 Stat. 1544, 54 Stat. 164, published in the F ederal R egister dated 475, 481, 489, 526e, 526p, 1333, 50 U. S. C. November 11, 1950.) 166, 346, and sec. 5 (e), 55 Stat. 244, as 1275; 46 CFR 25.4-1, 33.01-5, 83.40-1, 59.56, amended; 46 U. S. C. 375, 391a, 404, 474, 475, 60.49, 76.53, 94.53, 113.46, 160.009) (R. S. 4405, 4417a, 4426, 4481, 4488, 4491, sec. 481, 489, 490, 396, 367, 526e, 526p, 1333, 50 11, 35 Stat. 428, 49 Stat. 1544, 54 Stat. 346, U. S. C. 1275; 46 CFR 160.005) WINCHES, LIFEBOAT and sec. 5 (e), 55 Stat. 244, as amended; BUOYANT CUSHIONS, KAPOK, STANDARD Approval No. 160.015/27/1, Type B172N 46 U. S. C. 367, 375, 391a, 396, 404, 474, 475, lifeboat winch. Approval is limited to 481, 480, 1333, 50 U. S. C. 1275; 46 CFR No te: Cushions are approved for use on 160.040) motorboats of classes A, 1, or 2, not carrying mechanical components and for a maxi­ passengers for hire. mum working load of 17,200 pounds pull LIGHTS (W ATER): ELECTRIC, FLOATING, Approval No. 160.007/115/0, Standard at the drums (8,600 pounds per fall), AUTOMATIC kapok buoyant cushion, U. S. C. G. identified by general arrangement dwg. Approval No. 161.001/6/0’, automatic No. 2114-N dated December 1, 1941, and Specification Subpart 160.007, manufac­ floating electric water light (with bracket tured by Restwell Mattress Co., 234 West revised August 29, 1951, manufactured by Welin Davit and Boat Division of for mounting), identified by dwg. No. Kellogg Boulevard, St. Paul 2, Minn. 607, Alt. 1, manufactured by Pomill Approval No. 160.007/116/0, Standard Continental Copper & Steel Industries, Inc., Perth Amboy, N. J . (Supersedes Manufacturing Corp., 17 Battery Place, kapok buoyant cushion, U. S. C. G. New York, N. Y. Specification Subpart 160.007, manufac­ Approval No. 160.015/27/0, published in tured by The American Pad & Textile the F ederal R egister, July 31,1947.) (R. S. 4405, 4417a, 4426, 4488, 4491, 49 Stat. Co., Greenfield, Ohio, for Wood-Stream (R. S. 4405, 4417a, 4426, 4488, 4491, 49 Stat. 1544, 54 Stat. 346, and sec. 5 (e), 55 Stat. Outdoor Products, 200 East Ohio Street, 1544, 54 Stat. 346, and sec. 5 (e ), 55 Stat. 244, 244, as amended; 46 U. S. C. 367, 404, 481, Pittsburgh 12, Pa. as amended; 46 U. S. C. 367, 375,391a, 404, 481, 1333, 50 U. S. C. 1275; 46 CFR 161.001) 489, 1333, 50 U. S. C. 1275; 46 CFR 33.10-5, (R. S. 4405, 4491, 54 Stat. 164, 166, as amend­ 59.3a, 60:21, 76.15a, 94.14a, 160.015) Dated: March 27» 1952. ed; 46 U. S. C. 375, 489, 526e, 526p; 46 CFR 25.4-1, 160.007) DAVITS, LIFEBOATS [ seal] A. C. R ichmond, Rear Admiral, U.S. Coast Guard, BUOYANT CUSHIONS, NON-STANDARD Approval No. 160.032/121/0, aluminum Acting Commandant. gravity davit, Type G165A, approved for No te: Cushions are approved for use on motorboats of classes A, 1, or 2, not carrying maximum working load of 33,000 pounds {F. R. Doc. 52-3800; Filed, Apr. 2, 1952; 8:51 a. m.] passengers for hire. per set (16,500 pounds per arm ), using Thursday, April 3, 1952 FEDERAL REGISTER 2899

DEPARTMENT OF AGRICULTURE air carriers as may be necessary to as­ P ope & T albot, I nc., et al. sure the maintenance of essential civil Forest Service routes and services after allocation of NOTICE OF AGREEMENTS FILED WITH THE aircraft has been made to the Depart­ BOARD FOR APPROVAL Uinta National F orest ment of Defense. Notice is hereby given that the follow­ REMOVAL OF TRESPASSING HORSES In exercising the authority herein ing described agreements have been filed Whereas a number of horses are tres­ delegated, the Chairman of the Civil with the Board for approval pursuant passing and grazing on the Wells Draw, Aeronautics Board * shall act only after to section 15 of the Shipping Act, 1916, Antelope Canyon, and Sowers Canyon consultation with the Defense Air Trans­ as amended. drainages in the Uinta National Forest, portation Administrator so that the ac­ Agreement No. 7652-1 between Pope Duchesne County, State of Utah; and tions taken by the Chairman of the Civil & Talbot, Inc., Pacific Argentine Brazil Whereas these horses are consuming Aeronautics Board under this notice Line, Inc., Waterman Steamship Corpo­ forage needed for permitted livestock, will be taken with knowledge of the ration and Naviera Dominicana C. por are causing extra expense to established actions taken by the Defense Air Trans­ A., modifies transshipment Agreement permittees, and are injuring national- portation Administrator under 16 F. R. No. 7652 by changing the basis for the forest lands; 11511. The Defense Air Transportation through transportation charges and Now, therefore, by virtue of the au­ Administrator shall effectuate the neces­ division of such charges. Agreement thority vested in the Secretary of Agri­ sary coordination among Government No. 7652 covers the transportation of culture by the Act of June 4, 1897 (30 agencies and the Defense Air Transpor­ cargo, other than lumber, poles, pilings Stat. 35; 16 U. S. C. 551), and the Act of tation Administration shall be the co­ or spars under through bills of lading February 1,1905 (33 Stat. 628, 16 U. S. C. ordinating, rather than the action, from U. S. Pacific Coast ports to the 472), the following order is issued for the agency for the functions herein dele­ Dominican Republic, with transship­ occupancy, use, protection, and admin­ gated to the Chairman of the Civil Aero­ ment at San Juan, Puerto Rico. istration of land in the Wells Draw, Ante­ nautics Board. Agreement 131-215 between the regu­ lope Canyon, and Sowers Canyon drain* This notice amends the notice appear­ lar member lines of the Trans-Pacific ages in the Uinta National Forest: ing at 16 F. R. 11511 during the term of Passenger Conference modifies the basic Temporary closure from livestock the delegation made herein. agreement of the conference (131) to grazing, (a) The Wells Draw, Antelope This notice is effective March 26,1952. more clearly define the geographical Canyon, and Sowers Canyon drainages [seal] Charles S aw yer, scope of the conference and to eliminate in the Uinta National Forest are hereby Secretary of Commerce. Malaysia from the scope of the confer­ closed for the period April 1, 1952 to ence. IF. R. Doc. 52-3777; Filed, .Apr. 2, 1952; Agreement No. 7834 between American June 1, 1953, to the grazing of horses, 8:49 a. m.] excepting those that are lawfully grazing Mail Line, Ltd., and Pope & Talbot, Inc. on or crossing land in such allotments and Pacific Argentine Brazil Line, Inc., pursuant to the regulations of the Secre­ covers the transportation of cargo under tary of Agriculture, or that are used in Federal Maritime Board through bills of lading from the F ar East connection with operations authorized P acific T ransport L in e s, I nc., et al. to specified Puerto Rican ports with by such regulations, or that are used as transshipment at Seattle, Washington, riding, pack, or draft animals by persons NOTICE OF AGREEMENTS FILED WITH THE or Portland, Oregon. traveling over such land. BOARD FOR APPROVAL Agreement No. 7763-2, between (b) Officers of the United States Notice is hereby given that the follow­ Aktieselskapet Luksef jell, Aktieselskapet, Forest Service are hereby authorized to ing described agreements have been Dovrefjell, Aktieselskapet Falkefjell and dispose of, in the most humane manner, filed with the Board for approval pur­ Aktieselskapet Rudolf, modifies the ap­ all horses found trespassing or grazing suant to section 15 of the Shipping Act, proval Fjell Une Joint Service Agree­ in violation of this order. 1916, as amended. ment (No. 7763) to include Iceland and (c) Public notice of intention to dis­ Agreement No. 7846 between Pacific all United Kingdom ports within the pose of such horses shall be given by Transport Lines, Inc., Pacific Argentine- scope of the joint service and to provide posting notices in public places or ad­ Brazil Line, Inc., and Pope & Talbot, that authority to sign conference and vertising in a newspaper of general cir­ Inc., covers the transportation of cargo other agreements on behalf of the Joint culation in the locality in which the under through bills of lading from the Service may be conferred1 by the parties Uinta National Forest is located. F ar East to specified Puerto Rican Ports, on other persons, firms 6r corporations with transhipment at San Francisco or besides those already given such author­ Done at Washington, D. C., this 28th ity under the agreement. Agreement day of March 1952. Witness my hand Oakland, California. Agreement No. 7839 between Ozean 7763 provides for the operation of the and the seal of the Department of Agri­ joint service in the trade between ports culture. Unie G. m. b. H., and Hugo Stinnes O. H /“Brenntag”, Brennstoff-, Chemi- of the Great Lakes of the United States [SEAL] CHARLES F. B r ANNAN, kalien und Transport G. m. b. H. pro­ and Canada, the St. Lawrence River, Secretary of Agriculture. vides for the operation of joint cargo Nova Scotia, New Brunswick, and New­ [F. R. Doc. 53-3763; Filed, Apr. 2, 1952; service (with limited passenger accom­ foundland and Continental ports of 8:47 a. m.] modations) under the trade name of Europe within the Bordeaux-Hamburg Ozean/Stinnes-Lines between, ports of range and the port of London. the United States and ports of Europe. Interested parties may inspect these DEPARTMENT OF COMMERCE Interested parties may inspect these agreements and obtain copies thereof at agreements and obtain copies thereof a t the Regulation Office, Federal Maritime Office of the Secretary the Regulation Office, Federal Maritime Board, Washington, D. C., and may sub­ Chairman of the Civ il Aeronautics Board, Washington, D. C., and may sub­ mit, within 20 days after publication of B oard mit, within 20 days after publication of this notice in the F ederal R egister, this notice in the F ederal R egister, ■written statements with reference to any DELEGATION OF AUTHORITY W ITH RESPECT written statements with reference to of the agreements and their position as TO DISTRIBUTION AND REDISTRIBUTION either of the agreements and their posi­ to approval, disapproval, or modifica­ OF CIVIL AIRCRAFT AMONG CIVIL AIR tion as to approval, disapproval, or CARRIERS modification, together with request for tion, together with requests for hearing should such hearing be desired. There is hereby delegated to the hearing should such hearing be desired. Chairman of the Civil Aeronautics Board Dated: March 31, 1952. Dated: March 31, 1952. the authority conferred upon the Sec­ By order of the Federal Maritime By order of the Federal Maritime retary of Commerce by section 301 (b) Board. Board. (2) of Executive Order 10219 and under­ lying authorities to formulate plans and [seal] a . J. W illiam s, [seal] a . J. W illia m s, Programs for, initiate actions for, and Secretary. Secretary. carry out such distribution and redis­ [F . R . Doc. 52-3822; Filed, Apr. 2, 1952; [F. R. Doc. 52-3821; Filed, Apr. 2, 1952; tribution of civil aircraft among the civil 8:53 a. m.J 8:52 a. m.] 2900 NOTICES

Office of international Trade mitted to the Compliance Commissioner such facts to, and specific authorization for review. Upon the basis of such re­ from the Office of International Trade. [Case No. 116] view, and upon the informal presenta­ Dated: March 25, 1952. Dr. Alphonse W iederkehr tion of the facts, including extenuating circumstances claimed by respondent at j 6hn C. B orton, ORDER DENYING EXPORT PRIVILEGES the conference with counsel for the Of­ Assistant Director tor Export Supply. In the matter of Dr. Alphonse Wied­ fice of International Trade and counsel erkehr, Talstrasse, 16 Zurich, Switzer­ for said respondent, the Compliance [F. R. Doc. 52-3779;* Filed, Apr. 2, 1952; land, Respondent. Case No. 116. Commissioner has found the terms and 8:49 a. m.] This proceeding was begun by the issu­ conditions of the proposed order as con­ ance of a charging letter dated August sented to by respondent to be fair and 30, 1951, wherein the Office of Interna­ reasonable, and he has recommended CIVIL AERONAUTICS BOARD tional Trade charged the above-named th at such order be issued. [Docket No. 3211] respondent with having violated the E x­ The evidence and recommendations Northwest Airlines, Inc. port Control Act of 1949, as amended, and of the Compliance Commissioner have the regulations issued thereunder. been carefully considered, together with NOTICE OF HEARING The charging letter alleged that in the charging letter, the evidentiary ma­ terial, the proposal for a consent order, In the matter of the compensation for January 1950, respondent ordered from the transportation of mail by aircraft, an American oil company, thirty tons of and the fact that respondent has not since August 30, 1951, on the basis of a the facilities used and useful therefor, cylinder oil, representing to said oil com­ and the services connected therewith, of pany that the ultimate destination of the temporary suspension, engaged in trade involving exports from the United States. Northwest Airlines, Inc., over its routes cylinder oil would be Switzerland, with within the continental United States in­ knowledge that this information would It appears therefrom that the Compli­ ance Commissioner’s findings are in ac­ sofar as authorized under certificates for be used by the American oil company as interstate air transportation and over exporter in the obtaining of a validated cordance with the evidence and that such recommendations are reasonable its routes between the United States and export license from the Office of Inter­ terminal points in Canada. national Trade. It was further alleged and should be adopted. Now, therefore, it is ordered as Notice is hereby given, pursuant to that said representation by respondent the provisions of the Civil Aeronautics was false in that respondent knew and follows: (1) Respondent is hereby denied and Act of 1938, as amended, that hearing on intended that said cylinder oil would be the Order to Show Cause, E-5839, in the diverted by respondent to Hungary. It declared ineligible to exercise the priv­ ilege of participating directly or in­ above-entitled proceeding is assigned to was further alleged that on the basis of be held on April 8, 1952, at 9:30 a. m., the respondent’s said representation the directly in any manner or capacity in the exportation of any commodity from e. s. t., in Room 5040, Commerce Building, American oil company filed an applica­ Fourteenth Street and Constitution tion with the Office of International the United States to any foreign des­ tination, including Canada, until August Avenue NW., Washington, D. C., before Trade for a validated license to export Examiner* Walter W. Bryan. said cylinder oil to Switzerland and that 30,1953, or the duration of United States under date of February 1,1950, the Office export controls, whichever is shorter. Dated at Washington, D. C., March 31, of International Trade issued a validated Such denial of export privileges is 1952. license authorizing said exportation to deemed to include and prohibit partici­ pation directly or indirectly, (a) as a [seal! F rancis W. B rown, Switzerland on reliance of respondent’s Chief Examiner. said representation. It was further al­ party or representative of a party to any leged that on or about February 10,1950, export license application, (b) in the [F. R. Doc. 52-3795; Filed, Apr. 2, 1952; 8:50 a. m.] the cylinder oil was exported from the obtaining or using of general or vali­ United States under said validated li­ dated licenses, (c) in the receiving of cense and that the respondent without any exportation from the United States prior notice to or authorization from the exported pursuant to any validated or [Docket No. 4924 et al.] Office of International Trade diverted general license and, (d) in the financing, said cylinder oil to Hungary contrary to forwarding, transporting, or other serv­ F lying T iger L ine, I nc., and R esort the terms of the said license. icing of exports from the United States. Airlines, I nc.; Charter F light T ariff Respondent’s eligibility as a party to (2) Such denial'of export privileges I nvestigation any validated export license or to any shall extend to any person, trade name, NOTICE OF ORAL ARGUMENT exportations effected thereunder was, corporation or other business organiza­ by the terms of the charging letter, sus­ tion with which respondent may be now In the matter of charter rules, regu­ pended pending the determination of or hereafter related by ownership, con­ lations, rates, and charges for the air the administrative compliance proceed­ trol, position of responsibility, or other transportation of persons and baggage ing thereby instituted. connection in the conduct of trade in­ proposed by the Flying Tiger Line, Inc., pursuant to its Official Passenger Char­ The respondent, after receiving the volving exports from the United States said charging letter and following dis­ ter Tariff No. 2, C. A. B. No. 23, and by or services connected therewith. cussions by him and his counsel with Resort Airlines, Inc., contained in its officials of the Office of International (3) No person, firm, corporation, or Special Services Tariff No. 1, C. A. B. No. Trade and with the Compliance Com­ other business organization shall know­ 9, and its Charter Tariff No. 3, C. A. B. missioner, submitted to the Office of In­ ingly, (a) apply for or obtain any li­ No. 11. ternational Trade, with the advice and cense, shipper’s export declaration, bill Notice is hereby given, pursuant to through his counsel, a statement in of lading, or other export control docu­ the provisions of the Civil Aeronautics which he admitted for the limited pur­ ment relating to any exportation from Act of 1938, as amended, that oral argu­ pose of this compliance proceeding, the the United States, to or for the respond­ ment in the above-entitled proceeding is assigned to be held on April 10, 1952, charges set forth in said charging letter ent, or any person, firm, corporation, or other business organization covered by a t 10:00 a. m., e. s. t., in Room 5042, and a similar violation in connection with Commerce Building, Constitution Ave­ paragraph 2 hereinabove, or (b) order, an earlier shipment of forty (40) tons nue, between Fourteenth and Fifteenth of cylinder oil. In addition, the re­ receive, service, or otherwise act as a Streets NW., Washington, D. C., before spondent has waived all right to a hear­ party or as a representative of a party the Board. ing on the charges and has consented to to any exportation of commodities from Dated a t Washington, D. C., March the entry of an order the terms of which the United States in such manner that 28, 1952. are set forth below. the respondent or the person, firm, cor­ The charging letter, evidentiary mate­ poration, and business organization cov­ [ seal] F rancis W. B rown, rial relating to the charges set forth ered in paragraph 2 hereinabove, will Chief Examiner. therein, and the above-mentioned pro­ directly or indirectly obtain any benefit [F. R. DOC. 52-3798; Filed, Apr. 2, 1952; posal for a consent order have been sub­ therefrom, without prior disclosure of 8:51 a. m.] Thursday, April 3, 1952 FEDERAL REGISTER 2901

[Docket No. 5067, et al.; Order Ser. Appendix A No. E-6263J issued its order entered March 25, 1952, All rates and other provisions in connec­ permitting withdrawal of suspended rate R ates and P ares B etw een Oregon and tion therewith which apply from, to Or be­ schedules and terminating proceeding W ashington, and F airbanks and An­ tween points in the states of Oregon and without prejudice in the above-entitled chorage, Alaska Washington, on the one hand, and Fair­ matter. banks and Anchorage, Alaska, on the other, ORDER OF INVESTIGATION AND contained in: [seal] L eon M. F uquay, CONSOLIDATION Agent R. C. Lounsbury’s, C. A. B. No. 124. Secretary. Air Transport Associates, Inc., C. A. B. No. 1. Adopted by the Civil Aeronautics [F. R. Doc. 52-3751; Filed, Apr. 2, 1952; Board at its office in Washington, D. C.# All American Airways, Inc., C. A. B. No. 2. American Air Export and Import Company, 8:46 a. m.] on the 28th day of March 1952. C. A. B. No. 2. The Board is investigating certain Arnold Air Service, Inc., C. A. B. No. 3. rates and fares relating to air trans­ Artic-Pacific, Inc., C. A. B. No. 3. portation between points in Oregon and Aviation Corporation of Seattle, C. A. B. [Docket No. G-1868] Washington, on the one hand, and No. 1. Fairbanks and Anchorage, Alaska, on Coastal Cargo Co., Inc., C. A. B. No. 3. Citizens G as Co. the other, in Docket 5067. (Orders General Airways, Inc., C. A. B. No. 4. NOTICE OF CONTINUANCE OF HEARING Miami Airline, Inc., C. A. B. No. 5. Serial Nos. E-5590, E-5591, E-5613, E- New England Air Express, Inc., C. A. B. M arch 28, 1952. 5752, E-5801, E-6215.) No. 1. The Board finds th at: Pearson Alaska, Inc., C. A. B. No. 3. Upon consideration of request filed (a) Prescription of a general rate Sourdough Air Transport, C. A. B. No. 2. March 24, 1952, by Counsel for Citizens order may be necessary to insure eco­ Standard Air Cargo, C. A. B. No. 8. Gas Company, for continuance of hear­ nomic air transportation between Trans-Alaskan Airlines, Inc., C. A. B. No. 3. ing in the above designated matter; Alaska and the Northwest States; Transocean Air Lines, C. A. B. No. 2. Notice is hereby given that the hear­ (b) The rates, fares and other provi­ All fares and other provisions in connec­ ing, in the above designated matter, now sions contained in the tariffs described tion therewith published for account of Air scheduled for April 4, 1952, be and it is in Appendix A may be unlawful for the Transport Associates, Inc. from Seattle, hereby continued to May 1,1952, at 10:00 Washington to Fairbanks and Anchorage, a. m., in the Hearing Room of the Federal reason, among others, that they may not Alaska in Agent John J. Klak’s C. A. B. No. 2. Power Commission, 1800 Pennsylvania show a proper balance between the cost [F. R. Doc. 52-3799; Filed, Apr. 2, 1952; Avenue NW., Washington, D. C. of service, value of service and devel­ 8:51 a. m.] opmental factors required for a proper [seal] L eon M. F uquay, growth of air transportation between Secretary. Alaska and the Northwest States; FEDERAL POWER COMMISSION [F. R. Doc. 62-3748; Filed, Apr. 2, 1952; 8:46 a. m.] (c) Proper disposition of Docket No. [Docket No. E-6412] 5067 requires consideration of the issues S ierra P acific P ower Co. presented by the tariffs described in Appendix A. NOTICE OF ORDER AUTHORIZING ISSUANCE OF [Docket No. G-1880] Therefore, acting pursuant to the SHORT-TERM NOTES Civil Aeronautics Act, particularly sec­ March 28, 1952. U nited G as P ip e L in e Co. tions 205 (a ); 403, 404, and 1002, Notice is hereby given th at on March ORDER FIXING DATE OF HEARING It is ordered, T hat: 26, 1952, the Federal Power Commission M arch 27,1952. (a) An investigation be instituted to issued its order entered March 25, 1952, determine whether the. rates, fares and authorizing issuance of short-term notes On January 24, 1952, United Gas Pipe Line Company (Applicant) a Delaware qther provisions which apply from, to or in the above-entitled matter. corporation having its principal place of between points in the States of Oregon [seal] L eon M. F uquay. business a t Shreveport, Louisiana, filed and Washington, on the one hand, and Secretary. an application as supplemented on Feb­ Fairbanks and Anchorage, Alaska and [F. R. Doc. 52-3749; Filed, Apr. 2, 1952; ruary 25,1952, for a certificate of public points in the vicinity of these last two 8:46 a. m.J convenience and necessity, pursuant to points, on the other, contained in Ap­ section 7 of the Natural Gas Act, author­ pendix A may be unjust or unreasonable, izing the construction and operation of unjustly discriminatory, or unduly pref­ [Docket No. G-1769] 35.9 miles of various size pipe line and erential, or unduly prejudicial, or other­ appurtenant facilities to connect the P ublic S ervice Commission of wise unlawful, and if found to be Mustang Island (Red Fish Bay) gas field, W isconsin San Patricio County, Texas, with Appli­ unlawful to determine and prescribe the cant’s Refugio Compressor Station, lawful rates, fares and other provisions; NOTICE OF ORDER TERMINATING PROCEEDINGS Refugio County, Texas, to supply Appli­ (b) This proceeding be assigned for cants general pipe-line system. Said hearing before Examiner Paul N. Pfeiffer M arch 28, 1952. application is on file with the Commis­ and that a prehearing conference be held Notice is hereby given th at on March sion and open to public inspection. at a time and place to be announced; 25, 1952, the Federal Power Commission Applicant has requested that its appli­ (c) This investigation be assigned issued its order entered March 25, 1952, cation be heard under the shortened Docket No. 5490 and be consolidated into terminating proceeding in the above- procedure provided by § 1.32 (b) (18 Docket No. 5067; entitled matter. CFR 1.32 (b )) of the Commission’s rules of practice and procedure. No protest (d) A copy of this order be served on [ seal] L eon M. F uquay, or petition to intervene has been filed all parties to Docket No. 5067, on those Secretary, i persons named in Appendix A and on subsequent to the giving of due notice [F. R. Doc. 52-3750; Filed, Apr. 2, 1952; of the filing of the application including Wien Alaska Airlines, Inc. and West 8:46 a. m.] publication in the F ederal R egister on Coast Airlines, Inc. (both participants in February 14, 1952 (17 F. R. 1445). Agent R. C. Lounsbury’s Local and Joint The Commission finds: This proceed­ Air Cargo Tariff No. C-AC-5, C. A. B. [Docket No. G-1834] ing is a proper one for disposition under Nq. 124), who are all made parties to the provisions of said § 1.32 (b). this proceeding; United G as P ip e L in e Co. The Commission orders: NOTICE OF ORDER PERMITTING WITHDRAWAL (A) Pursuant to the authority con­ (e) This order be published in the OF SUSPENDED RATE SCHEDULES AND TER­ tained in and subject to the jurisdiction F ederal R egister. MINATING PROCEEDING conferred upon the Federal Power Com­ By the Civil Aeronautics Board. mission by sections 7 and 15 of the Nat­ M arch 28, 1952. [seal] m . C. M ulligan, ural Gas Act, as amended, and the Com­ Notice Is hereby given that on March mission’s rules of practice and procedure, Secretary, 26, 1952, the Federal Power Commission a hearing be held on April 18, 1952, at No. 66------3 2902 NOTICES procedure. The application Is on file 9:45 a. m., in the Hearing Room of the hearing, forthwith dispose of the pro­ Federal Power Commission, 1800 Penn­ ceeding pursuant to the provisions of with the Commission for public inspec­ sylvania Avenue NW., Washington, D. C., § 1.32 (b) of the Commission’s rules of tion. concerning the matters involved and the practice and procedure. [seal] L eon M. F uquay, issues presented by such application, as (B) Interested State commissions may Secretary. supplemented: Provided, however, That participate as provided by §§1.8 and 1.37 (f ) (18 CFR 1.8 and 1.37 (f ) ) of the [F. R. Doc. 52-3745; Filed, Apr. 2, 1952; the Commission may, after a noncon- 8:45 a. m.] tested hearing, forthwith dispose of said rules of practice and procedure. the proceeding pursuant to the provi­ Date of issuance: March 28, 1952. sions of § 1.32 (b) of the rules of practice By the Commission. and procedure. [Docket No. E-0420] (B) Interested State commissions may [ seal] L eon M. F uquay, participate as provided by §§ 1.8 and 1.37 Secretary. South P enn P ower Co. and F ranklin (f) (18 CFR 1.8 and 1.37 (f )) of the said T ransmission Co. [F. R. Doc. 52-3752; Filed, Apr. 2, 1952; rules of practice and procedure. 8:46 a. m.] NOTICE OF APPLICATION Date of issuance: March 28, 1952. March 28, 1952. By the Commission. Take notice that on March 26, 1952, [seal] L eon M. F uquay, [Docket No. E-64191 an application was filed with the Federal Secretary. Power Commission, pursuant to section P otomac L ight and P ower Co. and 203 of the Federal Power Act by South [P. R. Doc. 52-3753; Filed, Apr. 2, 1952; Northern Virginia P ower Co. Penn Power Company (hereinafter called 8:47 a. m.] NOTICE OF APPLICATION “South Penn”), a corporation organized under the laws of the State of Pennsyl­ March 28, 1952. vania and doing business in said state Take notice that on March 26,1952, an with its principal business office at [Docket No. G-1898] application was filed with the Federal Waynesboro, Pennsylvania, seeking an T exas Northern G as Corp. Power Commission, pursuant to section order authorizing the merger or con­ 303 of the Federal Power Act, by the solidation of its facilities with those of order fixing date of hearing Potomac Light and Power Company Franklin Transmission Company (here­ March 28, 1952. (hereinafter called “PL&P”) a corpora­ inafter called “Franklin”) , a corporation tion organized under the laws of the organized under the laws of the State On February 27, 1952, Texas Northern State of West Virginia and doing busi­ Gas Corporation (Texas Northern), a of Pennsylvania and doing business in ness in said state with its principal busi­ Delaware corporation with its principal said state with its principal business ness office at Martinsburg, West Virginia, place of business in Lake Charles, Loui­ office at Waynesboro, Pennsylvania. seeking an order authorizing the merger siana, filed ah application, as amended Franklin will declare and pay a dividend or consolidation of its facilities with the March 4, 1952, for a certificate of public on its Capital Stock (payable to The facilities in West Virginia of Northern convenience and necessity pursuant to Potomac Edison Company as its sole Virginia Power Company (hereinafter stockholder) in an amount equal to its section 7 of the Natural Gas Act author­ called “Northern Virginia”) a corpora­ izing the sale of natural gas to Trans­ earned surplus at the close of the calen­ tion organized under the laws of the continental Gas Pipe Line Corporation, dar month preceding the closing date; State of Virginia with its principal busi­ subject to the jurisdiction of the Com­ South Penn proposes to issue to The ness office at Winchester, Virginia. PL&P mission, as described in the application Potomac Edison Company 54,200 addi­ proposes to issue to The Potomac Edison and amendment thereto on file with the tional shares of South Penn’s Capital Company 28,601 additional shares of its Commission and open to public inspec- Stock, without nominal or par value rep­ Common Stock, par value $100 per share; resenting an aggregate stated capital of tion. . , - Northern Virginia proposes to convey to Due notice of the filing of the appli­ $271,000, in exchange for 10,840 shares cation has been given, including publi­ PL&P all of its properties located in the of the Capital Stock, par value $25 per State of West Virginia; The Potomac cation in the F ederal R egister on March share of Franklin, being all of the out­ Edison Company proposes to surrender standing shares thereof; Franklin pro­ 18, 1952 (17 F. R. 2342). to Northern Virginia, for cancellation Texas Northern’s request for a tem­ poses to transfer all of its assets to South and retirement, 1,500 shares of Northern porary certificate authorizing the pro­ Penn in exchange for all of Franklin’s Virginia Preferred Stock, par value $100 posed sale was denied by telegram on outstanding Capital Stock, South Penn per share (being all of such Preferred to assume and discharge all debts and March 19, 1952. Stock outstanding), and 27,101 shares of Texas Northern has requested that its liabilities of Franklin as they become due application be heard under the short­ Northern Virginia Common Stock, par and dischargeable; and Franklin will value $100 per share; and Northern Vir­ ened procedure provided by § 1.32 (b) thereupon cease to exist and its capital ginia proposes to reduce its outstanding (18 CFR 1.32 (b) ) of the Commission’s stock will be cancelled. The proposed rules of practice and procedure. Capital Stock by retiring the shares so plan for merger or consolidation of The Commission finds: I t is reason­ surrendered. The number of shares of facilities includes all the operating fa­ Common Stock of PL&P issued to The able and in the public interest and good cilities of South Penn and all the operat­ cause exists for fixing the date of hear­ Potomac Edison Company and the num­ ing facilities of Franklin; all as more ing in this proceeding less than 15 days ber of shares of Northern Virginia Com­ fully appears in the application on file after publication of this order in the mon Stock surrendered to Northern with the Commission. Virginia by The Potomac Edison Com­ F ederal R egister. Any person desiring to be^eard, or to The Commission orders: pany are each to be adjusted to equal make any protest with reference to said (A) Pursuant to the authority con­ the depreciated book value, after de­ application should, on or before the 18th tained in and subject to the jurisdiction duction for contributions in aid of day of April 1952, file with the Federal conferred upon the Federal Power Com­ construction, the Northern Virginia Power Commission, Washington 25, D. C., properties proposed to be conveyed to mission by sections 7 and 15 of the Nat­ a petition or protest in accordance with PL&P, as of the closing date of said con­ ural Gas Act, and the Commission’s rules the Commission’s rules of practice and veyance; all as more fully appears in the of practice and procedure, a public hear­ procedure. The application is oh file ing be held on April 7, 1952, at 9:45 application on file with the Commission. Any person desiring to be heard or to with the Commission for public in­ a. m. in the Hearing Room of the Fed­ spection. eral Power Commission, 1800 Pennsyl­ make any protest with reference to said vania Avenue NW., Washington 25, D. C., application should, on or before the 18th [ seal] L eon M. F uquay, concerning the matters involved and the day of April, 1952, file with the Federal Secretary. issues presented by the application, as Power Commission, Washington 25, D. C., a petition or protest in accordance with [F. R. Doc. 52-3747; Filed, Apr. 2, 1952; amended: Provided, however, That the 8:46 a. m.] Commission may, after a noncontested the Commission’s rules of practice and Thursday, April 3, 1952 FEDERAL REGISTER 2903

[Docket No. G-1757] installed in the proposed compressor will application is on file with the Commis­ later be increased to 32,000 horsepower. Natural G as S torage Co. of I llin o is sion for public inspection. The application further recites that [ seal] L eon M. F uquay, NOTICE OF AMENDED APPLICATION it is estimated that as much as 1,500,000 Secretary. M arch 28, 1952. Mcf of gas per day will ultimately be delivered from storage during peak [F. R. Doc. 52-3746; Filed, Apr. 2, 1952; Take notice that Natural Gas Storage periods. 8:46 a. m.] Company of Illinois (Applicant), an The estimated over-all cost of the Illinois corporation, successor by merger facilities which are the subject of this to Natural Gas Storage Company of application is approximately $17,000,000. INTERSTATE COMMERCE Illinois, a Delaware corporation, having The preliminary activities in connection COMMISSION its principal place of business at 20 North with the proposed project will be [4th Sec. Application 26923] Wacker Drive, Chicago 6, Illinois, filed financed by Natural to the extent of on March 12, 1952, its First Amended $2,000,000 through the purchase of Ap­ B rick and R elated Articles F rom application for a certificate of public plicant’s capital stock in that amount. P oints in K ansas and Missouri to convenience and necessity pursuant to No financial commitments have been K entucky and T ennessee section 7 of the Natural Gas Act author­ made by Applicant as to the remainder of izing the construction or acquisition, and the funds required. APPLICATION FOR RELIEF operation of facilities for underground Protests or petitions to intervene may March 31,1952. storage of natural gas as hereinafter de­ be filed with the Federal Power Commis­ scribed and as more fully described in The Commission is in receipt of the sion, Washington 25, D. C., in accord­ above-entitled and numbered applica­ the amended application. ance with the rules of practice and Applicant’s original application was tion for relief from the long-and-short- procedure (18 CFR 1.8 or 1.10) on or be­ haul provision of section 4 (1) of the filed with the Commission on August 7, fore the 16th day of April 1952. The 1951. Notice of said original applica­ Interstate Commerce Act. amended application is on file with the Filed by: L. E. Kipp, Agent, for car­ tion was published in the F ederal R eg­ Commission for public inspection. riers parties to his tariff I. C. C. No. ister on August 24, 1951 (16 F. R. 8562). A-3589. Applicant now proposes to construct [seal] L eon M. F uqua y, or acquire, and operate the following Secretary. Commodities involved: Brick and re­ generally described facilities in Illinois: lated articlés, carloads. [F. R. Doc. 52-3744; Filed, Apr. 2, 1952; From: Fort Scott, Kans., and other (1) 25 injection and delivery wells; 8:45 a. m.] (2) Storage rights in approximately specified points in Kansas, Deepwater, Harrisonville, and Utica, Mo. 15.000 acres; (3) Approximately 16.7 miles of 30- To : Points in Kentucky and Tennessee. inch pipeline extending from the pro­ Grounds for relief: Competition with [Docket No. G-1915] rail carriers and to maintain grouping* posed storage area to a connection with Schedules filed containing proposed the main pipeline of Texas Illinois South G eorgia Natural Gas Co. rates: L. E. Kipp’s tariff I. C. C. No. Natural Gas Pipeline Company (Texas NOTICE OF APPLICATION A-3589, Supp. 138. Illinois) , together wth the right-of-way M arch 28, 1952. Any interested person desiring the therefor; Take notice that South Georgia Na­ Commission to hold a hearing upon such (4) One (1) compressor station with tural Gas Company (Applicant), a Geor­ application shall request the Commis­ a total of 10,000 horsepower capacity in­ gia corporation with its principal busi­ sion in writing so to do within 15 days stalled; ness office at Birmingham, Alabama, from the date of this notice. As pro­ (5) A dehydration plant; filed on March 14, 1952, an application vided by the general rules of practice (6) Approximately 7.25 miles of well pursuant to section 7 of the Natural of the Commission, Rule 73, persons lines located within the storage area Gas Act, for a certificate of public con­ other than applicants should fairly dis­ proposed; venience and necessity authorizing the close their interest, and the position they (7) 25 well meters; construction and operation of approxi­ intend to take at the hearing with re­ (8) One (1) main storage meter; spect to the application. Otherwise the (9) A communication system; mately 339.3 miles of pipe line, includ­ ing lateral pipe lines, from a point of Commission, in its discretion, may pro­ together with other auxiliary and ap­ interconnection with the pipe-line sys­ ceed to investigate and determine the purtenant facilities necessary for the tem of Southern Natural Gas Company matters involved in such application operation of the proposed storage in Lee County, Alabama, to Tallahasee, without further or formal hearing. If project. Florida. because of an emergency a grant of tem­ Applicant now proposes to store na­ By means of the above-described fa­ porary relief is found to be necessary tural gas for the account of Texas Illi­ cilities, Applicant proposes to sell and before the expiration of the 15-day pe­ nois and Natural Gas Pipeline Company deliver natural gas for sale to the fol­ riod, a hearing, upon a request filed of America (Natural), and to redeliver lowing communities; Albany, Americus, within that period, may be held subse­ the same gas for ultimate consumption Bainbridge, Cairo, Camilla, Cordele, quently. in the areas served and to be served Dawson, Moultrie, Pelham, Richland and By the Commission, Division 2. by the transmission systems of Texas Thomasville (in Georgia), and Havana, [ seal] W. P. B artel, Illinois and Natural. For the present, Quincy, and Tallahasee (in Florida). Secretary. Applicant proposes to store only such Applicant proposes to make direct in­ natural gas as will be transported by dustrial sales. The system is designed [F. R. Doc. 52-3767; Filed, Apr. 2, 1952; Texas Illinois. It is Applicant’s inten­ to deliver 45,000 Mcf per day without 8:48 a. m.] tion to make the stored gas available compression. Applicant’s peak day de­ to customers of Texas Illinois directly liveries for the first two years of opera­ and to Natural’s customers by displace­ tion are estimated at 19,500 Mcf. [4th Sec. Application 26924] ment. Applicant, Texas Illinois and The estimated over-all cost of con­ Natural are affiliated companies. struction is $8,273,064 to be financed by I nsulators and E lectric W ire F rom The amended application states that Carey Ohio, to Atlanta, Ga. ’> the 25 wells for the injection and deliv­ the sale of first mortgage bonds and ery of gas represents an initial proposal ; junior securities. application for relief that the 16.7 miles of 30-inch line to be Protest of petitions to intervene may M arch 31, 1952. be filed with the Federal Power Com­ built will be used during the initial The Commission is in receipt of the period to transport gas to storage during mission, Washington 25, D. C., in a c­ above-entitled and numbered applica­ the summer and from storage during cordance with the rules of practice and tion for relief from the long-and-short- the winter. It is also stated that the procedure (18 CFR 1.8 or 1.10) on or haul provision of section 4 (1) of the 10.000 horsepower capacity to be initially before the 16th day of April 1952. The Interstate Commerce Act. 2904 NOTICES

Piled by: L. C. Schuldt, Agent, for gate and determine the matters involved It is further ordered, That this amend­ carriers parties to his tariff I. C. C. No. in such application without further or ment shall become effective at 11:59 4300, pursuant to fourth-section order formal hearing. If because of an emer­ p. m., March 31,1952; that a copy of this amendment and direction be served upon No. 9800. gency a grant of temporary relief is Commodities involved: Insulators, found to be necessary before the expira­ the Association of American Railroads, electric wire, NOIBN, carloads. tion of the 15-day period, a hearing, upon Car Service Division, as agent of the From : Carey, Ohio. a request filed within that period, may railroads subscribing to the car service To: Atlanta, Ga. be held subsequently. and per diem agreement under the terms of that agreement; and that notice of Grounds for relief: Circuitous routes. By the Commission, Division 2. Any interested person desiring the this amendment be given to the general Commission to hold a hearing upon such [seal] W. P. B artel, public by depositing a copy in the office application shall request the Commis­ Secretary. of the Secretary of the Commission at sion in writing so to do within 15 days [F. R. Doc. 52-3769; Filed, Apr. 2, 1952; Washington, D. C., and by filing it with from the date of this notice. As pro­ 8:48 a. m.] the Director, Division of the Federal vided by the general rules of practice of Register. the Commission, Rule 73, persons other Issued at Washington, D. C., this 31st than applicants should fairly disclose day of March 1952. their interest, and the position they in­ [Rev. S. O. 876, General Permit 1-L, Amdt. 2] tend to take at the hearing with respect Howard S. K lin e, L umber Shapes, L aminated or Not Permit Agent. to the application. Otherwise the Com­ L aminated, P recut to S hape mission, in its discretion, may proceed [F. R. Doc. 52-3771; Filed, Apr. 2, 1952; to investigate and determine the matters LOADING REQUIREMENTS 8:48 a. m.] involved in such application without fur­ Pursuant to the authority vested in ther or formal hearing. If because of an me in Paragraph (d) of Revised Service emergency a grant of temporary relief is Order No. 876 (16 F. R. 3620, 4276), good found to be necessary before the expira­ cause appearing therefor: It is ordered, [Rev. S. O. 876, General Permit 3-L, Amdt. 2] tion of the 15-day period, a hearing, upon T hat: - L umber and L umber P roducts a request filed within that period, may General Permit No. 1-L is hereby be held subsequently. amended by substituting the following LOADING REQUIREMENTS By the Commission, Division 2. paragraph for the third paragraph Pursuant to the authority vested in thereof: me in Paragraph (d) of Revised Service [seal] W. P. B artel, Secretary. This General Permit shall expire at Order No. 876 (16 F. R. 3620, 4276), good 11:59 p. m., August 31, 1952, unless cause appearing therefor: It is ordered, [F. R. Doc. 52-3768; Piled, Apr. 2, 1952; otherwise modified, changed, suspended, T hat: 8:48 a. m.] or revoked. General Permit No. 3-L is hereby amended by substituting the following It is further ordered, That this amend­ paragraph for the third paragraph ment shall become effective a t 11:59 thereof: [4th Sec. Application 26925] p. m„ March 31, 1952; that a copy of this amendment and direction be served This General Permit shall expire at I ron and Steel Articles F rom T runk- upon the Association of American Rail­ 11:59 p. m., August 31, 1952, unless L ine and Central T erritories to K evil roads, Car Service Division, as agent of otherwise modified, changed, suspended, and Maxon, K y . the railroads subscribing to the car serv­ or revoked. APPLICATION FOR RELIEF ice and per diem agreement under the It is further ordered, That this terms of that agreement; and that no­ March 31, 1952. amendment shall become effective at tice of this amendment be given to the 11:59 p. m., March 31, 1952; that a copy The Commission is in receipt of the general public by depositing a copy in above-entitled and numbered applica­ of this amendment and direction be the office of the Secretary of the Com­ served upon the Association of American tion for relief from the long-and-short- mission at Washington, D. C., and by haul provision of section 4 (1) of the Railroads, Car Service Division, as agent filing it with the Director, Division of of the railroads subscribing to the car Interstate Commerce Act. the Federal Register. Filed by: C. W. Boin and L. C. Schuldt, service and per diem agreement under Agents, for carriers parties to their re­ Issued at Washington, D. C., this 31st the terms of that agreement; and that spective tariffs I. C. C. Nos. A-790 and day of March 1952. notice of this amendment be given to the general public by depositing a copy 3772. Howard S. K lin e, Commodities involved: Manufactured Permit Agent. in the office of the Secretary of the Com­ iron and steel articles, carloads. mission at Washington, D. C., and by From: Points in trunk-line and cen­ [F. R. Doc. 52-3770; Filed, Apr. 2, 1952; filing it with the Director, Division of tral territories. 8:48 a. m.] the Federal Register. To : Kevil and Maxon, Ky. Issued at Washington, D. C., this 31st Grounds for relief: Competition with day of March 1952. rail carriers, circuitous routes, and to apply over short tariff routes rates con­ [Rev. S. O. 876, General Permit 2-L, Amdt. 2] Howard S. K lin e, Permit Agent. structed on the basis of the short line Dressed Native L umber, Mill work, and distance formula. L umber P roducts [F. R. Doc. 52-3772; Filed, Apr. 2, 1952; Schedules filed containing proposed 8:48 a. m.] rates: C. W. Boin’s tariff I. C. C. No. LOADING REQUIREMENTS A-790, Supp. 102. L. C. Schuldt’s tariff Pursuant to the authority vested in I. C. C. No. 3772, Supp. 120. me in Paragraph (d) of Revised Service Any interested person desiring the Order No. 876 (16 F. R. 3620, 4276), good [Rev. S. O. 876, General Permit 4-L, Amdt. 2] Cçmmission to hold a hearing upon such cause appearing therefor: It is ordered, P lywood application shall request the Commission T hat: in writing so to do within 15 days from General Permit No. 2-L is hereby loading requirements the date of this notice. As provided by amended by substituting the following Pursuant to the authority vested in the general rules of practice of the Com­ paragraph for the third paragraph me in Paragraph (d) of Revised Service mission, Rule 73, persons other than ap­ thereof: Order No. 876 (16 F. R. 3620, 4276), good plicants should fairly disclose their in­ cause appearing therefor: It is ordered, terest, and the position they intend to This General Permit shall expire at take at the hearing with réspect to the 11:59 p. m., August 31,1952, unless other­ T hat: application. Otherwise the Commission, wise modified, changed, suspended, or General Permit No. 4-L is hereby in its discretion, may proceed to investi­ revoked. amended by substituting the following Thursday, April 3, 1952 FEDERAL REGISTER 2905

paragraphs for the second and third [Rev. S. O. 876, General Permit 6-L, Amdt. 2] Issued at Washington, D. C., this 31st paragraphs thereof: day of March 1952. W ood F looring The waybills shall show reference to H oward S. K line, this General Permit, and all consignors LOADING REQUIREMENTS Permit Agent. shipping cars under this Permit shall furnish the Permit Agent the car num­ Pursuant to the authority vested in [F. R. Doc. 52-3776; Filed, Apr. 2, 1952; bers, initials, weights, and destinations me in Paragraph (d) of Revised Service 8:49 a. m.] of the cars shipped under this Permit. Order No. 876 (16 F. R. 3620, 4276), good This General Permit shall expire at cause appearing therefor: It is ordered, n 't59 p. m., August 31,1952, unless other­ T hat: OFFICE OF DEFENSE wise modified, changed, suspended, or General Permit No. 6-L is hereby MOBILIZATION revoked. amended by substituting the following paragraph for the third paragraph [RC 39, No. 366] It is further ordered, That this amend­ thereof: ment shall become effective a t 11:59 R ockdale, T ex ., Area This General Permit shall expire at p. m., March 31, 1952; that a copy of determination and certification of a this amendment and direction be served 11:59 p. m., August 31,1952, unless other­ CRITICAL DEFENSE HOUSING AREA upon the Association of American Rail­ wise modified, changed, suspended, or roads, Car Service Division, as agent of revoked. M arch 31, 1952. the railroads subscribing to the car It is further ordered, That this amend­ Upon specific data which has been service and per diem agreement under ment shall become effective a t 11:59 prescribed by and presented to the Sec­ the terms of that agreement; and that p. m., March 31,1952; that a copy of this retary of Defense and the Director of notice of this amendment be given to amendment and direction be served upon Defense Mobilization and on the basis of the general public by depositing a copy the Association of American Railroads, other information available in the dis­ in the office of the Secretary of the Car Service Division, as agent of the charge of their official duties, the under­ Commission at Washington, D. C., and railroads subscribing to the car service signed find that the conditions required by filing it with the Director, Division of and per diem agreement under the terms by section 204 (1) of the Housing and the Federal Register. of that agreement; and that notice of Rent Act of 1947, as amended, exist in the area designated as Issued at Washington, D. C., this 31st this amendment be given to the general day of March 1952. public by depositing a copy in the office Rockâale, Texas, Area. (The area consists of the Secretary of the Commission at of the County of Milam, Texas.) H oward S. K line, Washington, D. C., and by filing it with Permit Agent. Therefore, pursuant to section 204 (1) the Director, Division of the Federal of the Housing and Rent Act of 1947, [F. R. Doc. 52-3773; Filed, Apr. 2, 1952; Register. as amended, and Executive Order 10276 8:48 a. m.] Issued at Washington, D. C., this 31st of July 31, 1951, the undersigned jointly day of March 1952. determine and certify that the afore­ mentioned area is a critical defense Howard S. K lin e, housing area. [Rev. S. O. 876, General Permit 5-L, Amdt. 2] Permit Agent. W illiam C. F oster, Red Cedar Shingles, Shakes, and/ or R ed [F. R. Doc. 52-3775; Filed, Apr. 2, 1952; Acting Secretary of Defense. Cedar Lumber 8:49 a. m.] C. E. W ilson, LOADING REQUIREMENTS Director of Defense Mobilization. Pursuant to the authority vested in me [F. R. Doc. 52-3843; Filed, Apr. 1, 1952; 3:30 p. m.] in Paragraph (d) of Revised Service [Rev. S. O. 876, General Permit 7-L, Amdt. 2} Order No. 876 (16 F. R. 3620, 4276), good cause appearing therefor: It is ordered, L umber and L umber P roducts That: General Permit No. 5-L is hereby LOADING REQUIREMENTS [CDHA 45] amended by substituting the following Pursuant to the authority vested in F inding and Determination of Critical paragraph for the third paragraph me in Paragraph (d) of Revised Service Defense H ousing Areas Under the De ­ thereof : Order No. 876 (16 F. R. 3620, 4276), good fense Housing and Community F acil­ This General Permit shall expire at cause appearing therefor: It is ordered, it ies and Services Act of 1951 T hat: 11:59 p. m., August 31, 1952, unless M arch 31, 1952. General Permit No. 7-L is hereby otherwise modified, changed, suspended, Upon a review of the construction of or revoked. amended by substituting the following paragraph for the third paragraph new defense plants and installations, and It is further ordered, That this thereof: the reactivation or expansion of opera­ amendment shall become effective a t tions of existing defense plants and in­ 11:59 p. m., March 31, 1952; that a copy This General Permit shall expire at stallations, and the in-migration of de­ of this amendment and direction be 11:59 p. m., August 31,1952, unless other­ fense workers or military personnel to served upon the Association of American wise modified, changed, suspended, or carry out activities at such plants or Railroads, Car Service Division, as agent revoked. installations, and the availability of of the railroads subscribing to the car It is further ordered, That this amend­ housing and community facilities and service and per diem agreement under ment shall become effective at 11:59 services for such defense workers and the terms of that agreement; and that p. m., March 31, 1952; that a copy of military personnel in each of the areas notice of this amendment be given to set forth below, I find that all of the this amendment and direction be served the general public by depositing a copy conditions set forth in section 101 (b) in the office of the Secretary of the Com­ upon the Association of American Rail­ of the Defense Housing and Community mission a t Washington, D. C., and by roads, Car Service Division, as agent of Facilities and Services Act of 1951 (Pub­ filing it with the Director, Division of the railroads subscribing to the car serv­ lic Law 139, 82d Cong., 1st Sess.) exist. the Federal Register. ice and per diem agreement under the Accordingly, pursuant to section 101 terms of that agreement; and that no­ Issued a t Washington, D. C., this 31st of the Defense Housing and Community day of March 1952. tice of this amendment be given to the Facilities and Services Act of 1951 and general public by depositing a copy in by virtue of the authority vested in me H oward S. K line, the office of the Secretary of the Com­ by paragraph number 1 of Executive Permit Agent. mission at Washington, D. C., and by Order 10296 of October 2,1951,1 hereby [P. R. Doc. 52-3774; Filed, Apr. 2, 1952; filing it with th e Director, Division of determine that each of said areas is a 8:49 a. m.] the Federal Register. critical defense housing area. 2906 NOTICES

Harlingen, Texas Area. (The area consists ond Street NW., Washington 25, D. C. ceeds of any permanent financing done of Justice Precincts 3, 4, 6 and 7 in Cameron At any time after said date said appli­ before the maturity of the notes to be County, and Justice Precinct 1 in Hidalgo cation may be granted as filed or as issued will be applied in reduction of, County, Texas.) amended, or the Commission may ex­ or in total payment of, notes then out­ C. E. W ilson, empt such transaction as provided in standing. Director, Rule U-20 (a) or Rule U-100 of the rules The declaration further states that no Office of Defense Mobilization. and regulations promulgated under the State commission or Federal commis­ [P. R. Doc. 52-3844; Piled, Apr. 1, 1952; act. sion, other than this Commission, has 3:30 p. m.] By the Commission. jurisdiction over the proposed transac­ tions, and that incidental services in [ s e a l ] N e l l y e A. T h o r s e n , connection with the proposed transac­ SECURITIES AND EXCHANGE Assistant Secretary. tions will be performed at cost by New COMMISSION [F. R. Doc. 52-3756; Filed, Apr. 2, 1952; England Power Service Company, an 8:47 a. m.J affiliated company, such cost being esti­ [Pile No. 54-164] mated not to exceed $500. I nternational H y d r o -E l e c t r ic S y s t e m Lowell requests that the Commission’s order herein become effective forthwith NOTICE OP APPLICATION FOR LEAVE TO RENEW [File No. 70-2820] upon the issuance thereof. BANK LOAN Notice of the filing of the declaration L o w e l l E l e c t r ic L ig h t C o r p . M arch 28, 1952. having been given in the manner and ORDER AUTHORIZING PROPOSED NOTE ISSUES form provided by Rule U-23 of the rules Notice is hereby given that Bartholo­ and regulations promulgated under the mew A. Brickley, Trustee of Interna­ M arch 28, 1952. act, and a hearing not having been re­ tional Hydro-Electric System (“IHES”), The Lowell Electric Light Corporation quested and the Commission finding that a registered holding company, has filed (“Lowell”) , a public-utility subsidiary the applicable provisions of the act and an application in the proceedings now company of New England Electric Sys­ the rules and regulations promulgated pending under section 11 (d) of the tem, a registered holding company, has thereunder are satisfied, and deeming it Public Utility Holding Company Act of filed a declaration pursuant to sections 6 appropriate in the public interest and in 1935 (“the act’’) for the liquidation and and 7 of the Public Utility Holding Com­ the interest of investors and consumers dissolution of IHES, pursuant to the pany Act of 1935 and Rules U-23 and Commission’s dissolution order entered U-42 (b) (2) thereunder in respect of the that said declaration be permitted to on July 21,1942, under section 11 (b) (2) following proposed transactions: become effective forthwith: It is ordered, Pursuant to Rule U-23 of the act; which application states as Lowell presently has outstanding $2,- and the applicable provisions of the act, follows: 700,000 principal amount of promissory that said declaration be, and hereby is, That, in order to obtain part of the notes under a bank loan agreement with funds required for the discharge of the five banks, namely, The First National permitted to become effective, subject 6 percent debentures of IHES and pur­ Bank of Boston ($1,485,000), The Chase to the terms and conditions prescribed suant to authorization by this Commis­ National Bank of the City of New York in Rule U-24, and that this order shall sion (Holding Company Act Release No. ($351,000), The Hanover Bank ($351,- become effective upon its issuance. 9917) and by the United States District 000), Irving Trust Company ($351,- By the Commission. Court for the District of Massachusetts 000) and The New York Trust Company (“enforcement court”) , the Trustee on ($162,000). The notes presently out­ [ s e a l ] N e l l y e A. T h o r se n , July 27, 1950, borrowed $9,500,000 from standing bear interest at the rate of Assistant Secretary. The Chase National Bank of the City of 2% percent per annum and mature April [F. R. Doc. 52-3754; Filed, Apr.' 2, 1952; New York, evidenced by a promissory 1, 1952. In its declaration Lowell pro­ 8:47 a. m.] note secured by lien on the major port­ poses to issue to said banks on April 1, folio assets of IHES, due two years from 1952, six months unsecured promissory said date with interest at the rate of 2x/\ notes in the same principal amount ($2,- percent per annum; that the loan agree­ 700,000) as the notes maturing on that [File No. 70-2821] ment requires application of at least 60 date. The notes proposed to be issued L a w r e n c e G a s and E l e c t r ic C o . percent of the net income of IHES will mature October 1,1952, and will bear toward satisfaction of the principal interest at the prime interest rate in ORDER AUTHORIZING PROPOSED NOTE ISSUES amount due; that the unpaid principal Boston on April 1, 1952. It is stated in M arch 28,1952. amount is now $7,000,000; that under the the declaration that at the present time Lawrence Gas and Electric Company loan agreement the Trustee is granted said prime interest rate is 3 percent per (“Lawrence”) , a public-utility subsidiary an option to renew on the same terms annum. It is further stated that in the company of New England Electric Sys­ for one additional year the amount re­ event said prime interest rate should ex­ tem, a registered holding company, has maining unpaid at maturity. ceed 3% percent per annum, Lowell will filed a declaration pursuant to sections The Trustee further states that, as now file an amendment to its declaration set­ 6 and 7 of the Public Utility Holding appears, IHES will not have sufficient ting forth therein the terms of the note Company Act of 1935 and Rules U-23 funds available to pay in full the unpaid proposed to be issued and the proposed and U-42 (b) (2) thereunder in respect principal amount of the loan on or before rate of interest, at least five days prior of the following proposed transactions: it matures on July 27, 1952, and he re­ to the date of execution and delivery of Lawrence presently has outstanding quests authorization, subject to the fur­ said note and Lowell requests that unless unsecured promissory notes in the ag­ ther approval of the enforcement court, the Commission notifies it to the con­ gregate face amount of $1,350,000 under to renew and extend for one additional trary within said five day period, the a bank loan agreement with five banks, year from said date the principal amount amendment shall become effective at the namely, The First National Bank of then remaining unpaid. end of such period. The declaration Boston ($742,500), The Chase National Notice is further given that any in­ further states that the notes proposed to Bank of the City of New York ($175,500), terested person may, not later than be issued may be prepaid, in whole or in The Hanover Bank ($175,500), Irving April 7, 1952 at 5:30 p. m., request in part. Trust Company ($175,500) and The New writing that a hearing be held on such According to the declaration, the pro­ York Trust Company ($81,000). All of matter, stating the nature of his inter­ ceeds of the notes proposed to be issued said notes mature April 1, 1952 and est, the reasons for such request, and are to be used to pay the $2,700,000 $400,000 principal amount thereof bear the issue of fact or law, if any, raised by principal amount of notes due April 1, interest at the rate of 2% percent per said application which he desires to con­ 1952. Lowell expects that during the annum and the balance, $950,000, bear trovert; or he may request that he be year 1952 it will permanently finance its interest at 2% percent per annum. notified if the Commission should order note indebtedness through the issuance Lawrence proposes to issue under an a hearing thereon. Any such request of first mortgage bonds in the approxi­ amendment to its bank loan agreement, should be addressed: Secretary, Securi­ mate principal amount of $3,000,000. $2,250,000 principal amount of unsecured ties and Exchange Commission, 425 Sec­ Lowell further proposes that the pro­ promissory notes maturing March 1, Thursday, April 3, 1952 FEDERAL REGISTER 2907

1953, of which $1,350,000 principal Lawrence requests that the Commis­ of the transactions therein proposed, amount will be issued on April 1,1952, to sion’s order herein become effective which are summarized as follows: pay off the notes presently outstanding forthwith upon issuance. New Hampshire proposes to solicit in a like principal amount and the re­ Notice of the filing of the declaration proxies to be used at its annual meeting maining amount of notes, $900,000, will having been given in the manner and of stockholders to be held May 8, 1952, be issued, from time to time but not later form provided by Rule U-23 of the rules or any adjournment thereof, in connec­ than December 31, 1952, to finance tem­ and regulations promulgated under the tion with the following proposals: porarily its construction and gas conver­ act, and a hearing not having been re­ (1) To amend its Articles of Agree­ sion program. The $1,350,000 principal quested nor ordered by the Commission ment to provide that each future issue amount of notes will bear interest to within the time specified in said notice; of common stock or of warrants repre­ October 1, 1952, at the prime six month and the Commission finding th at the senting rights to subscribe to common commercial rate generally charged by applicable provisions of the act and the stock or of securities convertible into banks in Boston on April 1, 1952, but rules and regulations promulgated common stock, which the Board of Di­ not less than 3 percent per annum nor thereunder are satisfied, and deeming it rectors shall have determined to offer more than 3 34 percent per annum and appropriate in the public interest and in for cash other than by a public offering said notes will bear interest from Octo­ the interest of investors and consumers or to or through underwriters or invest­ ber 1, 1952, to March 1, 1953, at the that said declaration be permitted to be­ ment bankers who have agreed promptly prime rate in effect on October 1, 1952, come effective forthwith: to make a public offering thereof, shall but not less than 3 percent per annum It is ordered, Pursuant to Rule U-23 first be offered pro rata to the holders nor more than ZYz percent per annum. and the applicable provisions of the act, of the then outstanding common stock; That portion of the $900,000 principal th at said declaration be, and hereby is, (2) To amend its By-Laws by chang­ amount of proposed additional notes is­ permitted to become effective, subject to ing the requirements for a quorum at sued prior to October 1, 1952, will bear the terms and conditions prescribed in meetings of stockholders to a majority interest to that date at the prime rate Rule U-24, and that this order shall of the shares of stock outstanding and in effect five days prior to the issue date, become effective upon its issuance. entitled to vote at the meeting in each but not less than 3 percent per annum By the Commission. case where one-third of such shares is nor more than 3% percent per annum now required. and thereafter at the prime rate in ef­ [ seal] Nell y e A. T horsen, The solicitation material to be sent to fect on that date, but not less than 3 Assistant Secretary. stockholders has been filed as a part of percent per annum nor more than 3 Yz [F. R. Doc. 52-3757; Filed, Apr. 2, 1Ô52; the declaration. The declaration states percent per annum. That portion of the 8:47 a. m.] that the favorable vote of the holders of $900,000 principal amount of additional two-thirds of the common stock present notes issued after October 1, 1952 will or represented by proxy and voting at bear interest at the prime rate in effect the meeting is required for adoption of 5 days prior to the issue date, but not [File No. 70-2834] the amendment relating to preemptive less than 3 percent per annum nor more rights and that the favorable vote of a than 3 Yz percent per annum. The P ublic Service Co. of New Hampshire majority of such stock so present or rep­ amended bank loan agreement provides NOTICE OF REQUEST FOR AUTHORIZATION TO resented and voting is required for adop­ for a commitment commission of one- AMEND ARTICLES OF AGREEMENT AND BY ­ tion of the amendment relating to fourth percent per annum to be payable LAWS WITH RESPECT TO PREEMPTIVE quorum requirements. It is represented from April 1,1952, to December 31,1952, RIGHTS AND QUORUM REQUIREMENTS; AND that New England Public Service Com­ on the average daily unborrowed bal­ SOLICITATION OF STOCKHOLDERS pany, holder of 41.9 percent of the out­ ance. standing common stock of New Hamp­ The declaration further states that no March 28, 1952. shire, will vote in favor of the adoption State commission or Federal commis­ Notice is hereby given that a declara­ of these proposals. sion, other than this Commission, has tion has been filed with this Commission, New Hampshire also proposes to so­ jurisdiction over the proposed trans­ pursuant to the Public Utility Holding licit proxies to be used at such annual actions and that incidental services in Company Act of 1935 (“Act”) , by Public meeting, or any adjournment thereof, in connection with said transactions will Service Company of New Hampshire connection with a proposal to fix the div­ be performed at cost by New England (“New Hampshire”) , a public utility sub­ idend rate for an additional series of Power Service Company, an affiliated sidiary of New England Public Service Preferred Stock, $100 par value, not ex­ service company, such cost being esti­ Company, a registered holding company. ceeding 58,000 shares, and to fix the pre­ mated not to exceed $1,000. The pro­ Declarant has designated sections 6 (a)! mium which the holders of shares of posed bank loan agreement provides (2), 7 and 12 (e) of the act and Rules such series shall be entitled to receive in that Lawrence will reimburse The First U-60, U-61, and U-62 promulgated there­ the event of any voluntary liquidation, National Bank of Boston, as Agent for under as applicable to the proposed dissolution or winding up of the affairs the five lending banks, for out-of-pocket transactions. of the company, and upon redemption expenses, including counsel fees incurred Notice is further given th at any in­ and retirement of the whole or any part in connection with the bank loan agree­ terested person may, not later than April of such new series. ment, such amount being believed to be 8, 1952, at 5:30 p. m„ e. s. t. request the The declaration states that, under the nominal. Other expenses, including the Commission in writing that a hearing Articles of Agreement, a vote of the hold­ printing of the bank loan agreement, are be held on such matter, stating the na­ ers of two-thirds of those outstanding estimated not to exceed $100. ture of his interest, the reasons for such shares of common stock which are pres­ According to the declaration, Lawrence request and the issues, if any, of fact ent or represented by proxy and voting expects during the year 1952 to finance or law raised by said declaration pro­ a t a meeting duly called for the purpose permanently its note indebtedness posed to be controverted, or may re­ shall be required to fix the dividend rate through the issuance of gas conversion quest that he be notified if the Commis­ and premium payable upon voluntary notes in the approximate principal sion should order a hearing thereon. liquidation of the company or upon re­ amount of $700,000 and of first mortgage Any such request should be addressed; demption of the whole or any part of a bonds in the approximate principal Secretary, Securities and Exchange new series of the Preferred Stock, $100 amount of $1,500,000, Lawrence proposes Commission, 425 Second Street NW., par value. It is also stated that it is the that the proceeds of any permanent Washington 25, D. C. At any time after Intention of the persons named as financing done before the maturity date April 8, 1952, said declaration, as filed proxies to vote to fix the dividend rate of the notes proposed to be issued will be or as amended, may be permitted to be­ of the new Preferred Stock and the re­ applied in reduction of, or in total pay­ come effective as provided in Rule U-23 demption and voluntary liquidation pre­ ment of, notes then outstanding and the of the rules and regulations promulgated amount of notes, if any, then unissued under the act, or the Commission may mium payable thereon in accordance but authorized pursuant to any order of exempt such transactions as provided in with the recommendations of the Board this Commission, will be reduced by the Rules U-20 (a) and U-100 thereof. of Directors of the company. amount, if any, by which such perma­ All interested persons are referred to The declaration further states that nent financing exceeds the notes at the said declaration which is on file in the the company believes that it may be de­ time outstanding. office of this Commission for a statement sirable to issue and sell for cash during 2908 NOTICES

May or June 1952 a new series of its erty described above, to be held, used, otherwise dealt with in the interest of Preferred Stock, $100 par value, which administered, liquidated, sold or other­ and for the benefit of the United States. The terms “national” and “designated will be filed at a later date. wise dealt with in the interest of and for enemy country” as used herein shall It is represented that the company the benefit of the United States. The terms “national” and “designated have the meanings prescribed in section may, in addition to solicitation by mail 10 of Executive Order 9193, as amended. and by regular employees or officers of enemy country” as used herein shall the company, request banks and brokers have the meanings prescribed in section Executed at Washington, D. C., on to solicit beneficial owners, the cost of 10 of Executive Order 9193, as amended. March 28, 1952. which is estimated not to exceed $100. Executed at Washington, D. C., on For the Attorney General. Declarant requests acceleration of the March 28, 1952. Commission’s order herein and that it [seal] H arold I. B aynton, become effective upon the issuance For the Attorney General. Assistant Attorney General, Director, Office of Alien Property. thereof. [seal] H arold I. B aynton, By the Commission. Assistant Attorney General, [F. R. Doc. 52-3790; Filed, Apr. 2, 1952; Director, Office of Alien Property. 8:49 a. m.] [seal] Nellye A. T horsen, Assistant Secretary. [P. R. Doc. 52-3789; Filed, Apr. 2, 1952; 8:49 a. m.] [P. R. Doc. 52-3755; Filed, Apr. 2, 1952; 8:47 a. m.] [Vesting Order 18811] R iichiro H ori DEPARTMENT OF JUSTICE [Vesting Order 18813] In re: Rights of Riichiro Hori under Insurance Contract. File No. F-39- Noboru and Mrs. T oshiko K awashima , Office of Alien Property 2499-H -l. [Vesting Order 18812] In re: Rights of Mrs. Toshiko Kawa­ Under the authority of the Trading shima and of Noboru Kawashima under With the Enemy Act, as amended, Exec­ Noboru and Mrs. T oshiko K awashima Insurance Contract. File No. F-39- utive Order 9193, as amended, and Exec­ In re: Rights of Noboru Kawashima 6121-H -l. utive Order 9788, and pursuant to law, and of Mrs. Toshiko Kawashima under Under the authority of the Trading after investigation, it is hereby found: Insurance Contracts. File Nos. D -39- With the Enemy Act, as amended, Ex­ 1. That Riichiro Hori, whose last 6587-H-l and H-2. ecutive Order 9193, as amended, and Ex­ known address is Japan, is a resident of Under the authority of the Trading ecutive Order 9788, and pursuant to law, Japan and a national of a designated With the Enemy Act, as amended, Ex­ after investigation, it is hereby found: enemy country (japan); ecutive Order 9193, as amended, and Ex­ 1. That Mrs. Toshiko Kawashima and 2. That the net proceeds due or to ecutive Order 9788, and pursuant to law, Noboru Kawashima, whose last known become due under a contract of insur­ after investigation, it is hereby found: address is Japan, are residents of Japan ance evidenced by Policy No. 2146,470 1. That Noboru Kawashima and Mrs. and nationals of a designated enemy issued by The Equitable Life Assurance Toshiko Kawashima, whose last known country (Japan); Society of the United States, New York, address is Japan, are residents of Japan 2. That the net proceeds due or to be­ New York, to Riichiro Hori, together and nationals of a designated enemy come due under a contract of insurance with the right to demand, receive and country (Japan); evidenced by Policy No. 1,448,615 issued collect said net proceeds, is property 2. That the net proceeds due or to be­ by the Sun Life Assurance Company of within the United States, owned or con­ come due under contracts of insurance Canada, Montreal, Quebec, Canada, and trolled by, payable or deliverable to, held evidenced by policies numbered 1,486,864 any and all other benefits and rights of on behalf of or on account of, or owing and 1,585,608 issued by the Sun Life As­ any kind or character whatsoever under to, or which is evidence of ownership or surance Company of Canada, Montreal, or arising out of said contract of insur­ control by, Riichiro Hori, the aforesaid Quebec, Canada, and any and all other ance except those of the aforesaid Sun national of a designated enemy country benefits and rights of any kind or char­ Life Assurance Company of Canada, to­ (Jap an ); acter whatsoever under or arising out of gether with the right to demand, en­ and it is hereby determined: said contracts of insurance except those force, receive and collect the same 3. That to the extent that the person of the aforesaid Sun Life Assurance Com­ (including without limitation the right named in subparagraph 1 hereof is not pany of Canada, together with the right to proceed for collection against branch within a designated enemy country, the to demand, enforce, receive and collect offices and legal reserves maintained in national interest of the United States the same (including without limitation the United States), is property within requires that such person be treated as the right to proceed for collection against the United States owned or controlled by, a national of a designated enemy country branch offices and legal reserves main­ payable or deliverable to, held on behalf (Jap an ). tained in the United States), is property of, or on account of, or owing to, or All determinations and all action re­ within the United States owned or con­ which is evidence of ownership or con­ quired by law, including appropriate con­ trolled by, payable or deliverable to, held trol by Mrs. Toshiko Kawashima or sultation and certification, having been on behalf of, or on account of, or owing Noboru Kawashima, the aforesaid na­ made and taken, and, it being deemed to, or which is evidence of ownership or tionals of a designated enemy country necessary in the national interest, control by Noboru Kawashima or Mrs. (Jap an ); There is hereby vested in the Attorney Toshiko Kawashima, the aforesaid na­ and it is hereby determined: General of the United States the prop­ tionals of a desingated enemy country 3. That to the extent that the persons erty described above, to be held, used, (Ja p a n ); named in subparagraph 1 hereof are not administered, liquidated, sold or other­ and it is hereby determined: within a designated enemy country, the wise dealt with in the interest of and for 3. That to the extent that the persons national interest of the United States re­ the benefit of the United States. named in subparagraph 1 hereof are not quires that such persons be treated as The terms “national” and “designated within a designated enemy country, the nationals of a designated enemy country enemy country” as used herein shall national interest of the United States re­ (Japan). have the meanings prescribed in section quires that such persons be treated as All determinations and all action re­ 10 of Executive Order 9193, as amended. nationals of a designated enemy country quired by law, including appropriate Executed at Washington, D. C., on (Jap an ). consultation and certification, having March 28,1952. All determinations and all action re­ been made and taken, and, it being For the Attorney General. quired by law, including appropriate deemed necessary in the national in­ consultation and certification, having [seal] Harold I. B aynton, been made and taken, and, it being terest, There is hereby vested in the Attor­ Assistant Attorney General, deemed necessary in the national inters Director, Office of Alien Property. est, ney General of the United States the There is hereby vested in the Attorney property described above, to be held, [F. R. Doc. 52-3788; Filed, Apr. 2, 1952} General of the United States the prop- used, administered, liquidated, sold or 8:49 a. m.]