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'9 3 4 VOLUME 12 NUMBER 82 * Í/AHTED ^

Washington, Friday, April 2 5 ,1 947

TITLE 3— THE PRESIDENT authority vested in me by the aforesaid CONTENTS act of September 25,1941, do declare and PROCLAMATION 2729 proclaim : THE PRESIDENT That with respect to (1) works of citi­ Copyright E x t e n s io n : N e w Zealand zens of New Zealand which were first Executive Orders Page BY THE PRESIDENT OP THE UNITED STATES produced or published outside the United Litigation arising under wartime OF AMERICA States of America on or after September legislation, conduct______2646 3, 1939 and subject to copyright under Office of Temporary Controls, ter­ A PROCLAMATION the laws of the United States of Amer­ mination______2645 WHEREAS by the act of Congress ap­ ica, including works subject to ad interim Proclamation proved September 25,1941 (55 Stat. 732) copyright and (2) works of citizens of New Zealand, copyright extension. 2643 the President is authorized, on the con­ New Zealand subject to renewal of copy­ ditions prescribed in that act, to grant right under the laws of the United States EXECUTIVE AGENCIES an extension of time for the fulfilment of America on or after September 3,1939, of the conditions and formalities pre­ there has existed during several years of Agriculture Department scribed by the copyright laws of the the time since September 3, 1939 such Proposed rule making: United States of America with respect to disruption or suspension of facilities es­ Milk handling in Topeka, Kans., works first produced or published out­ sential to compliance with the conditions area______2654 side the United States of America and and formalities prescribed with respect to Rules and regulations: subject to copyright or to renewal of such works by the copyright laws of the Office of Temporary Controls, copyright under the laws of the United United States of America as to bring such transfer of functions______2647 States of America, including works sub­ works within the terms of the aforesaid Sugar, restriction on exports._ 2647 ject to ad interim copyright, by nationals act of September 25, 1941; and that ac­ Alien Property, Office of of countries which accord substantially cordingly the time within which compli­ Notices: equal treatment to citizens of the United ance with such conditions and formali­ Vesting orders, etc.: States of America; and ties may take place is hereby extended Emberger, Element______2673 WHEREAS the Governor-General of with respect to such works until the day Exportkreditbank A. G_____ 2673 New Zealand has issued an Order in on which the President of the United Frey, Maria et al.______2674 Council, effective from this day, by the States of America shall, in accordance Göhde, Anna______2677 terms of which treatment substantially with that act, terminate or suspend the Kalle & Co. Aktiengesell­ equal to that authorized by the afore­ present declaration and proclamation. schaft______2673 said act of September 25,1941 is accorded It shall be understood that the term Kurtz, Emilie______2675 in New Zealand to literary and artistic of copyright in any case is not and cannot Mayer, Herbert______2673 works first produced or published in the be altered or affected by this proclama­ Miller, Fannie______2677 United States of America; and tion, and that, as provided by the afore­ Monks, Jane Boynton____ 2677 WHEREAS the aforesaid Order in said act of September 25,1941, no liability Muller, Henry______2675 Council is annexed to and is part of an shall attach under the Copyright Act for Muto, ShogO'______2675 agreement embodied in notes exchanged lawful uses made or acts done prior to Niemeyer, George W______2675 this day between the Government of the the effective date of this proclamation in Riester, Katherine..______2676 United States of America and the Gov­ Senger, Emil Max______2677 ernment of New Zealand; and connection with the above-described Yoshimura Sunao______2676 WHEREAS by virtue of a proclama­ works, or in respect to the continuance for one year subsequent to such date Civil Service Commission tion by the President of the United States Rules and regulations: of America dated April 9, 1910 (36 Stat, of any business undertaking or enter­ 2685) citizenS'Trf New Zealand s, e, and prise lawfully undertaken prior to such Removals and reductions; re­ since July 1, 1909 have been, entitled to date involving expenditure or contractual tention preference for use in the benefits of the act of Congress ap­ obligation in connection with the ex­ reductions in force______2646 proved March 4, 1909 (35 Stat. 1075) re­ ploitation, production, reproduction, cir­ Civilian Production Administra­ lating to copyright, other than the bene­ culation, or performance of any such tion fits of section 1 (e) of that act; and work. Rules and regulations: WHEREAS by virtue of a proclama­ IN WITNESS WHEREOF, I have here­ Office of Temporary Controls, tion by the President of the United States unto set my hand and caused the Seal termination and transfer of of America dated February 9, 1917 (39 functions______’ 2653 Stat, 1815) the citizens of New Zealand of the United States of America to be are, and since December 1, 1916 have affixed. Coast Guard been, entitled to the benefits of section DONE at the City of Washington this Notices: 1 (e) of the aforesaid act of March 4, twenty-fourth day of April, in the year Approval of equipment______2660 1909; of our Lord nineteen hundred Commerce Department NOW, THEREFORE, I, HARRY S. [ seal] and forty-seven, and of the In­ See also Foreign and Domestic TRUMAN, President of the United States dependence of the United S ta te s Commerce Bureau; Interna­ of America, under and by virtue of the (Continued on p. 2645) tional Trade, Office of. 2643 2644 RULES AND REGULATIONS

CONTENTS— Continued CONTENTS— Continued Foreign and Domestic Com- Pa&e Treasury Department Pa8e FEDERA^REGISTER merce Bureau See also Coast Guard; Internal Rules and regulations: Revenue Bureau. Office of International Trade, Rules and regulations: organization, functions and Customhouse brokers; revoca­ procedures; restrictions on tion or suspension of li­ Published daily, except Sundays, Mondays, exports of sugar______2648 censes ______2651 and days following official Federal holidays, Surety companies acceptable on by the Division of the Federal Register, the Housing Expediter, Office of Federal bonds; Insurance Co. National Archives, pursuant to the authority Notices: of North America______2653 contained in the Federal Register Act, ap­ Consent orders: War Department proved July 26, 1935 (49 Stat. 500, as Giangiobbe, James D______2672 amended; 44 U. S. O., ch. 8B), under regula­ Grassgreen, William______2672 Rules and regulations: tions prescribed by the Administrative Com­ Rules and regulations: Drawbridges a c r o s s Turner mittee, approved by the President. Distribu­ Creek, Tybee (Bull) River tion is made only by the Superintendent of . Office of Temporary Controls, and Lazaretto Creek, Geor­ D ocum ents, G overnm ent P rinting Office, transfer of functions______2648 gia______2654 W ashington 25, D. C. Suspension orders: The regulatory material appearing herein is Chilton, Ralph T., and Stone­ keyed to ..the Code of Federal Regulations, wall J. Webster______2648 CODIFICATION GUIDE which is published, under 50 titles, pursuant Detroit Construction Co____ 2649 A numerical list of the parts of the Code to section 11 of the Federal Register Act, as Kurtz-Hodge Implement Co., of Federal Regulations affected by documents am ended June 19, 1937. Inc______2648 published in this issue. Proposed rules, as T he F ederal R egister will be furnished by opposed to final actions, are identified as such mail to subscribers, free of postage, for $1.50 Wood, John H______2649 in parentheses. per month or $15.00 per year, payable in ad­ Internal Revenue Bureau vance. The charge for Individual copies Rules and regulations: Title 3— The President PaSe (minimum 15£) varies in proportion to the Chapter I—Proclamations : size of the issue. Remit check or money Tax, excess profits______2649 ’2729______2643 order, made payable to the Superintendent Taxable years beginning a’fter Chapter II—Executive Orders: of Documents, directly to the Government Dec. 31, 1941______2649 9705 1______2645 P rinting Office, W ashington 25, D. C. International Trade, Office of There are no restrictions on the republica­ 9762 1______2645 tion of material appearing in the Federal Rules and regulations: . 98091______2645 Register. Sugar, restrictions on exports— 2653 i,9841 ______2645 Interstate Commerce Commis­ 49842______2646 sion Title 5— Administrative Person­ CONTENTS— Continued Notices : nel Potatoes at St. Louis, Mo.; re­ Chapter I—Civil Service Commis- Commerce Department— Con. Page^ consignment______2672 ] sion: Rules and regulations: Mines Bureau J Part 12—Removals and reduc­ Office of Temporary Controls, Rules and regulations: tions ______2646 transfer of functions------2648 Blasting units, multiple-shot 2650 Title 7— Agriculture Copyright Office Price Administration, Office of * Subtitle A—Office of the Secretary Rules and regulations: of Agriculture--i------2647 Rules and regulations: 4 Chapter VIII—Production and New Zealand, Proclamation Office of Temporary Controls, copyright relations------2654 Marketing Administration termination and transfer of (Sugar Branch) : Federal Communications Com­ functions______2653 Part 803—Sugar exports------2647 mission Reclamation Bureau Ghapter IX—Production and Mar­ Notices: Notices: keting Administration (Mar­ PM broadcast-instrument sys­ Annual water rental charges: keting Agreements and Or­ tems interference; solution— 2668 Deschutes Irrigation Project, ders) : Hearings, etc.: O regon______2660 Proposed rule making------2654 Abell, A. S., Co., and Berks Lugert-Altus Irrigation Proj­ v Title 13— Business Credit Broadcasting Co------2668 ect, Oklahoma______2661 4 Chapter I — Reconstruction Fi­ Coconino Broadcasting Co. Public lands opened to entry nance Corporation------2648 and Grand Canyon Broad­ and water made available: , Title 15— Commerce casting Co. (KWRZ)------2669 Owyhee P r o j e c t , Oregon- * Subtitle A—Office of the Secretary East Texas Broadcasting Co. Idaho______2662 of Commerce.______2648 (KGKB) et al—...... 2668 Vale Project, Oregon______2665 Chapter IH—Bureau of Foreign Everett Broadcasting Co., Inc., Rules and regulations: and Domestic Commerce, De­ and Seattle Broadcasting Annual water charges; Des­ partment of Commerce: Co______2670 chutes Irrigation Project, "'Part 360—Organization, func­ Giddens & Rester (WKRG)— 2670 Oregon, and Lugert-Altus Ir­ tions, and procedures of the Kola Broadcasting Co. and rigation Project, Oklahoma_ 2654 Office of International Trade. 2648 James A. Noe______2668 Applications for entry on public KTBS______—:__ —_____ 2669 lands and water rental; Owy­ Title 24— Housing Credit Lamar, Charles Wilbur, Jr__ 2671 hee Project, Oregon-Idaho, Chapter VIH—Office of the Hous­ Ridson, Inc. (WDSM)_____ 2671 and Vale Project, Oregon___ 2654 ing Expediter______2648 Proposed rule making : _ Part 807—Suspension orders (4 Allocations of frequencies------2659 Reconstruction Finance Corpo­ documents)______2648,2649 Frequencies for iridustrial, sci­ ration Title 26— Internal Revenue entific, medical service_____ 2659 Rules and regulations: Chapter I—Bureau of Internal Multiple ownership; statement- 2659 Office, of Temporary Controls, Revenue, Department of the Federal Trade Commission i transfer of functions------2648 Treasury: Notices: Temporary Controls, Office of H Part 30—Regulations under the Hearings, etc.: Rules and regulations: Excess Profits Tax Act of Baskin, Ned R______2671 Termination and transfer of 1940...... 2649 Shepherd Knitwear Co., Inc-. 2672 functions—______2653,2654 1E. O. 9841. Friday, April 25, 1947 FEDERAL REGISTER 2645

CODIFICATION GUIDE— Con. EXECUTIVE ORDER 9841 transferred to the Secretary of Com­ merce and shall be performed by him or, T erm inatio n o p th e O ffic e o p T em po ­ Title 26— -Internal Revenue— Page subject to his direction and control, by rary C ontrols Continued such officers and agencies of the Depart­ Chapter I—Bureau of Internal WHEREAS the Congress, in the Ur­ ment of Commerce as he may designate : Revenue, Department of the gent Deficiency Appropriation Act, 1947, (a) Functions of the President under Treasury—Continued approved March 22, 1947, has declared Title m of the Second War Powers Act, * Part 35—Excess profits tax; tax­ its intent that the Office of Temporary 1942, as amended, vested in the Tempo­ able years beginning after Controls, be closed and liquidated by June rary Controls Administrator immediately Dec. 31, 1941______2649 - 30,1947; and prior to the taking of effect of this Part. WHEREAS it is necessary to provide (b) Functions with respect to deter­ Title 30— Mineral Resources for the orderly liquidation of such Office mining, under section 6 (a) of the Stra­ Chapter I—Bureau of Mines, De­ and the disposition of its residual affairs: tegic and Critical Materials Stockpiling partment of the Interior : NOW, THEREFORE, by virtue of the Act, the amount of strategic and critical v Part 25—Multiple-shot blasting authority vested in me by the Constitu­ materials necessary to make up any de­ units.------2650 ^ tion and Statutes, including the last par­ ficiency of the supply thereof for the Title 31— Money and Finance: agraph of Title I of the First Supple­ current requirements of industry. Treasury mental Surplus Appropriation Rescission (c) Functions under section 124 of the Subtitle A—Office of the Secretary Act, 1946, approved February 18, 1946, Internal Revenue Code, as amended. of the 'treasury: Title III of the Second War Powers Act, (d) Functions under section 12 of the 1 Part 11—Customhouse brokers. 265D 1942 as amended by the First Decontrol act of June 11, 1942 (the Small Business Chapter II—Fiscal Service, De­ Act of 1947, section 201 (b) of the Emer­ Mobilization Act). partment of the Treasury: gency Price Control Act of 1942, as (e) Functions with respect to claims Part 226—Surety companies ac­ amended, section 2 of the Stabilization relating to the expansion of the capacity ceptable on Federal bonds___ 2653 J Act of 1942, as amended, and Title I of of defense plants when such expansion the First War Powers Act, 1941, and as is alleged to have been undertaken at the Title 32— National Defense President of the United States, it is request of the War Production Board or Chapter I—Office of Temporary hereby ordered, in the interest of the in­ any of its predecessor agencies. Controls, Office of the Adminis­ ternal management of the Government, (f) Functions with respect to claims trator__ j.______2653' as follows: relating to property requisitioned by the Chapter VIII—Office of Interna­ PART i Chairman of the War Production Board tional Trade, Department of or by any of his predecessors. Commerce------2653’/ 101. The Office of Temporary Controls, (g) Except as otherwise provided by Chapter IX—Office of Temporary established by Executive Order No. 9809 statute or this or any other Executive Controls, Civilian Production of December 12,1946, shall be terminated order, all other functions of the Tem­ Administration______2653^ and disposition shall be made of its func­ porary Controls Administrator which Chapter XI—Office of Temporary tions according to the provisions of this were immediately prior to the taking of Controls, Office of Price Admin­ order. effect of Executive Order No. 9809 vested istration____t______2653 V PART I I in the Civilian Production Administra­ Chapter XVIII—Office of Tempo­ tor. rary Controls, Office of War 201. The provisions of this Part shall become effective on May 4, 1947. 204. Executive Order No. 9705 of March Mobilization and Reconversion 15, 1946 (as modified by Executive Or­ (Stabilization)______2654^ 202. Functions of the Temporary Con­ trols Administrator under the Emergency ders Nos. 9762 and 9809) is revoked. Title 33— Navigation and Navi­ Price Control Act of 1942, as amended, 205. Any authority vested in the Tem­ gable Waters Executive Order No. 9809, and any other porary Controls Administrator in pur­ Chapter II—Corps of Engineers, statute, order, or delegation are trans­ suance of section 120 of the National De­ War Department: ferred as follows: fense Act of 1916 (with respect to plac­ * Part 203—Bridge regulations... 2654 ‘ (a) Functions with respect to rent con­ ing compulsory orders for products or materials) is withdrawn and termi­ Title 37— Patents and Copy­ trol are transferred to the Housing Ex­ pediter and shall be performed by him or, nated. rights PART I I I Chapter II—Copyright Office, Li­ subject to his direction and control, by brary of Congress: such officers or agencies of the Govern­ 301. The provisions of this Part shall 1 Part 202—Proclamation copy­ ment as he may designate. become effective June 1, 1947. right relations______2654 ‘ (b) Functions with respect to price 302. All functions vested in the Tem­ control over rice are transferred to the porary Controls Administrator by Ex­ Title 43— Public Lands: Interior Secretary of Agriculture and shall be ecutive Order No. 9809 not otherwise dis­ Chapter II—Bureau of Reclama­ performed by him or, subject to his di­ posed of by statute or by this or any tion, Department of the Inte- rection and control, by such officers or other Executive order are transferred ; rior: « agencies of the Department of Agri­ to the Secretary of Commerce and shall J Part 401—Applications for entry culture as he may designate. be performed by him or, subject to his on public lands and water (c) Functions with respect to (1) sub­ direction and control, by such officers rental______2654V sidies, including determinations of the or agencies of the Department of Com­ * Part 402—Annual w ater correct amounts of claims and the re­ merce as the Secretary may designate. charges______2654 * covery of over-payments (but excluding Such functions shall include, but not be Title 47— Telecommunication premium-payment functions transferred limited to, the following: Chapter I—Federal Communica­ under paragraph 302 (b) hereof) ; (2) (a) Functions of the President under tions Commission: applications for price adjustments filed the Stabilization Act of 1942, as amend­ Proposed rule making (3 docu­ under Supplementary Order 9 and Pro­ ed, vested in the Temporary Controls ments) ______2659 cedural Regulation 6 (Adjustment of Administrator immediately prior to the Maximum Prices for Commodities and taking of effect of this Part. Services under Government Contracts or (b) Functions with respect to pre­ of America the one hundred and seventy- Subcontracts, 7 F .R. 5087, 5444) of the mium payments under section 2 (e) (a) first., ’"\v - Office of Price Administration; and (3) (2) of the Emergency Price Control Act H arry S. T ruman the interpretation and application of of 1942, as amended, insofar as such pay­ price and subsidy regulations and orders By the President: ments relate to copper, lead, and zinc which affect the amount of subsidy pay­ ores. D ean A c h e so n , able; are transferred to the Reconstruc­ (c) Functions with respect to the es­ Acting Secretary of State. tion Finance Corporation. tablishment of maximum prices for in­ [P. R. Doc. 47-4022; Filed, Apr. 24, 1947; 203. The following functions of the dustrial alcohol sold to the Government 1£»12 p. m.] Temporary Controls Administrator are or its agencies. 2646 RULES AND REGULATIONS (d) The liquidation of the functions of 405. As used in this order, “functions” TITLE 5— ADMINISTRATIVE the Office of Temporary Controls and of includes powers, duties, authorities, dis­ PERSONNEL the agencies thereof, except liquidation cretions, and responsibilities. relating to functions specifically trans­ Chapter I— Civil Service Commission ferred to other agencies (by the provi­ H arry S. T ruman sions of this order or otherwise). P art 12— R em o vals and R eductions T h e W h it e H o u se, 303. The Office of Temporary Controls April 23.1947. is terminated. r etentio n preference regulations for USE IN REDUCTIONS IN FORCE . PART IV [F. R. Doc. 47-3997; Filed, Apr. 23, 1947; 5:07 p. m4] 401. The provisions of this Part shall In the F ederal R egister of February become effective, respectively, on the 25, 1947, Chapter I was revised and cer­ dates on which functions are transferred tain parts, including part 12, §§ 12.301 or otherwise vested by the provisions of to 12.314, inclusive, were redesignated Ef­ this order. EXECUTIVE ORDER 9842 fective May 1, 1947 (12 F. R. 1270). 402. Functions under the'Emergency This amendment to § 12.306, which is C onduct o f Certain L itigation A rising Price Control Act of 1942, as amended, F ederal U nder W artime L egislation effective on publication in the transferred under the provisions of this R egister, is to be carried over on May 1, order shall be deemed to include author­ By virtue of the authority vested in me the effective date of the redesignation. ity on the part of each officer to whom by the Constitution and statutes, includ­ Section 12.306 (redesignated as § 20.6 such functions are transferred here­ ing Title I of the First War Powers Act, under to institute, maintain, or defend in effective May 1,1947) is amended to read his own name civil proceedings in any 1941, and as President of the United as follows: court (including the Emergency Court of States, and having regard to the estab­ § 12.306 Special regulations relating Appeals), relating to the matters trans­ lished responsibilities and powers of the to consolidations and mergers, (a) Be­ ferred to him, including any such pro­ Department of Justice and of the Attor­ fore any reduction in force is made in ceedings pending on the effective date of ney General under the statutes of the connection with the transfer of any or all the transfer of any such function under United States, it is hereby ordered, in the of the functions of one department to this order. The provisions of this para­ interest of the internal management of another continuing department, all vet­ graph shall be subject to the provisions the Government, as follows: eran preference employees and all re­ of the Executive order entitled “Conduct 1. The Attorney General is authorized tention group A employees assigned to of Certain Litigation Arising under War­ and directed, in the name of the United time Legislation,” issued on the date of any such function shall be transferred to States or otherwise as permitted by law, such continuing department, without this order and effective June 1, 1947.1 to coordinate, conduct, initiate, maintain 403. (a) The records, property, and change in tenure of employment. personnel relating primarily to the re­ or defend: (b) Where, in the course of liquidation spective functions transferred under the (a) Litigation before the Emergency of an agency, functions are transferred provisions of this order shall be trans­ Court of Appeals for and on behalf of the only for liquidation, and functional op­ ferred, and the funds relating primarily Secretary of Agriculture, the Secretary of erations have terminated or will termi­ to such respective functions shall be Commerce, and the Reconstruction Fi­ nate by law or authoritative order within transferred or otherwise made available, nance Corporation, respectively; sixty calendar days, employees engaged to the agencies to which such functions (b) Litigation against violators of reg­ on such functions may be given tempo­ are transferred. Such measures and dis­ ulations, schedules or orders relating to rary appointments, initially without positions as may be determined by the maximum prices pertaining to any com­ Director of the Bureau of the Budget change in grade or compensation, in the modity which has been removed from department or agency responsible for to be necessary to effectuate the purposes price control; and provisions of this paragraph shall be such liquidation. carried out in such manner as the Di­ (c) Litigation arising out of Directive All changes to temporary appoint­ rector may determine and by such agen­ 41, as amended, of the Office of Economic ments under these regulations are sub­ cies as he may designate. Stabilization pertaining to the withhold­ ject to review by the Civil Service Com­ (b) In order that the confidential sta­ ing of subsidies because of noncompli­ mission on appeal by affected employees, tus of any records affected by this order ance with or violations of control orders. and shall be corrected to transfers with­ shall be fully protected and maintained, 2. Nothing herein shall be deemed to out change in tenure of employment in the use of any confidential records trans­ restrict or limit the powers conferred all cases where the Commission finds ferred hereunder shall be so restricted upon the Attorney General by law with such action to be proper. Employees by the respective agencies as to prevent respect to the conduct, settlement, dis­ given temporary appointments under the disclosure of information concerning individual persons or firms to persons position or review of litigation. these regulations shall be notified that who are not engaged in'functions or ac­ 3. The functions and duties of the At­ they may appeal such action within tivities to which such records are di­ torney General under this order shall thirty days to the Civil Service Commis­ rectly related, except as provided for by be performed by him or, subject to his sion. law or as required in the final disposition direction and control, by such officers (c) Any employee assigned to a trans­ thereof pursuant to law. * or agencies of the Department of Justice ferred function, who has been given a 404. All provisions of prior Executive as he may designate, and there shall be temporary appointment because func­ orders in conflict with this order are made available to the Attorney General, tional operations were to be terminated amended accordingly. All other prior pursuant to the provisions of Executive by law or authoritative order within sixty and currently effective orders, rules, reg­ Order No. 9784 of September 25, 1946, calendar days, shall be restored to his ulations, directives, and other similar any files or records pertinent to the sub­ tenure of employment prior to the trans­ instruments relating to any function ject matter hereof. fer of the function, whenever such func­ transferred by the provisions of this or­ tion is continued in operation for a der or issued by any agency terminated 4. This order shall become effective hereunder or by any predecessor or con­ June 1, 1947. longer period by law or authoritative stituent agency thereof, shall remain in H arry S. T r u m a n order. Note: Because of the necessity of making effect except as they are inconsistent T h e W h ite H o u se , herewith or are hereafter amended or April 23. 1947. the procedures provided for in the above revoked under proper authority. amendment available for use in current re­ [F. R. Doc. 47-3998; Filed, Apr. 23, 1947; ductions in force, the Commission finds that 1 See E. O. 9842, infra. 5:07 p. m.] good cause exists for making the amendment Friday, April 25, 1947 FEDERAL REGISTER 2647 effective upon publication in the Federal (5) "Sirup and molasses, including obtained from the Sugar Branch, Pro­ Register. blackstrap” means any grade or type of duction and Marketing Administration, (Sec. 12, 58 Stat. 390; 5 U. S. C. Sup. 861) saccharine product (other than sugar Department of Agriculture, Washing­ or sugar-containing products) derived ton 25, D. C., or from the Sugar, Fibers, [seal] U nited S tates Civil from sugarcane, sugar beets, or corn, Fats and Oils Office, Production and S ervice Co m m issio n , - either edible or inedible, which is prin­ Marketing Administration, 150 Broad- H . B . M itch ell, cipally of non-crystalline structure, day, New York 7, New York. President. which contains sucrose, dextrose, or lev­ (2) Any person desiring an export au­ [F. R. Doc. 47-3947; Filed, Apiv’ 24, 1947; ulose, and which contains soluble non­ thorization required for any sugar-con­ 8:49 a. m.] sugar solids (exclusive of any foreign taining product containing less than 70 substance that may have been added or percent of sugar by weight shall make developed in the product) equal to 6 application, where required, on such form TITLE 7— AGRICULTURE percent or more by weight of the total and under such procedures as may be soluble solids. prescribed by the Office of International Subtitle A— Office of the Secretary (6) "Sugar-containing product” Trade of the Department of Commerce. of Agriculture means any product (other than sugar or (d) Exceptions. Unless otherwise di­ T ransfer of F u n c tio n s F rom O ffice of sirup and molasses, including black­ rected by the Order Administrator, the T emporary Controls strap) which contains any amount of restrictions set forth in this section shall sucrose, dextrose, or levulose, derived not apply to: Cross R efer en c e: For the transfer of from sugarcane, sugar beets, or corn. (1) Commodities owned at the time of functions of the Office of Temporary (b) General restriction. No person exportation by the United States Gov­ Controls, Office of Price Administration, shall export the commodities listed be­ ernment or any agency thereof. with respect to price control- over rice, low without authorization from the Or­ (2) Food consigned as .a gift to the to the Secretary of Agriculture, see Ex­ der Administrator: consignee or exported for pêrsonal use ecutive Order 9841, supra. (1) Sugar. by the consignor where the value of each (2) Sirup and molasses, including consignment or shipment is less than blackstrap. -$10.00: Provided, That (i) each gift par­ Chapter VIII— Production and Mar­ (3) Sugar-containing products the cel is restricted to 11 pounds in weight, keting Administration (Sugar Branch) sugar contents of which is 70 percent or (ii) not more than two gift parcels per more by weight: Provided, That the pro­ month is sent by the same sender to the [SECO 1] visions of this paragraph shall not apply same address, and (iii) each gift parcel sent by mail conforms to restrictions es­ P art 803—S ugar E xports to the exportation of such sugar-contain­ ing products from the continental United tablished by the Post Office Department. RESTRICTION ON EXPORTS OF SUGAR States. (e) Submission of authorizations to Pursuant to the authority vested in the (c) . Application for authorization. (1)collectors of customs. No commodity Secretary of Agriculture by law, includ­ The exporter, or his duly authorized subject to the provisions of paragraph ing the Sugar Control Extension Act of agent, desiring an export authorization (b) of this section shall be exported until 1947, it is hereby ordered as follows : required under paragraph (b) of this an original validated export authoriza­ section shall make application therefor tion therefor has been presented to the § 803.1 Sugar exports—(a) Defini­ on Form SU-210, "Application for Ex­ Collector of Customs or Postmaster as tions. For purposes of this section; (1) port Authorization for Sugar, Sirup and provided by paragraph (c) (1) (iv) of "Order administrator” means the em­ Molasses, Including Blackstrap, and Cer­ this section. ployee of the Department of Agriculture tain Sugar-Containing Products,” (or (f) Records and reports. (1) Any per­ authorized by the Administrator of the such other form as may be issued for son granted an export authorization un­ Production and Marketing Administra­ this purpose) and proceed as follows: der the provisions of this section shall tion to administer Sugar Export Control (i) The application shall be completed for at least two years or such period of Order 1. in triplicate. All data requested on the timè as the Order Administrator may (2) "Export” means to transport or form shall be furnished, including De­ designate, keep complete and accurate cause to be transported any commodity partment of Commerce Schedule B num­ books, records and accounts of the prod­ covered by this section in any manner bers. Where the exporter intends to uct exported under such authorization. from the United States or any of its terri­ make shipments from more than one The Order Administrator shall have the tories and possessions to any foreign part at the same time, separate applica­ right at any time or times during busi­ country or foreign territory. The term tions shall be filed covering shipment ness hours to examine such books and includes but is not limited to transport­ from each port. records and other books and records re­ ing from a free port, free zone, or bonded (ii) The copy marked "Duplicate” lating to the export. custody of the U. S. Bureau of Customs must bear the signature of the sfoplicant. (2) Any person granted an export au­ (bonded warehouse), and trans-ship­ (iii) The "Original” and “Duplicate” thorization under the provisions of this ment through the United States or any of of the application shall be forwarded to section shall execute and file with the its territories or possessions, to any for­ the Sugar Branch, Production and Mar­ Sugar Branch, Production and Marketing eign country or foreign territory. keting Administration, Department of Administration, Department of Agricul­ r3) “Person” means an individual, Agriculture, Washington 25, D. C. The ture, such reports and questionnaires as corporation, partnership, association, or “Triplicate” shall be retained by the ap­ shall be prescribed by the Order Adrhin- any other organized group of persons, or plicant. istrator, subject to approval by the Bu­ legal successor or representative of any (iv) The “Original” of the application, reau of the Budget in accordance with of the foregoing, and includes the United when properly validated, constitutes the the Federal Reports Act of 1942. States or any agency thereof, or any authorization. Such authorization will (g) Existing contracts. The restric­ other government, or any of its political be returned to the applicant and must be tions of this section shall be observed subdivisions, or any agency of any of the presented to the Collector of Customs at without regard to existing contracts or foregoing. the port of exit, or in the case of ship­ any rights accrued or payments made (4) “Sugar” means any grade or type ment by mail, to the Postmaster at the thereunder. of saccharine product derived from point of mailing. In the case o r ship­ (h) Violations. Any person who will­ sugarcane, sugar beets or corn, whether ment by water or air the authorization fully violates any provisions of this sec­ principally of crystalline or non-crystal­ must be presented prior to loading. In tion or who, in connection with this sec­ line structure, which contains sucrose, the case of shipments by means other tion, willfully conceals a material fact dextrose, or levulose and which contains than water, air or mail, the authoriza­ or furnishes false information to any less soluble non-sugar solids (exclusive tion must be presented to the Collector Department or agency of the United of any foreign substance that may have of Customs at the port of exit prior to States is guilty of a crime and upon con­ been added or developed in the product) the inspection by the customs official. viction may be punished by fine or im­ than 6 percent by weight of the total Additional copies of Form SU-210, or prisonment. Civil action may also be soluble solids. such other form as may be issued, may be instituted to enforce any liability or duty 2648 RULES AND REGULATIONS created by, or to enjoin any violation of, deemed to remain in full force for the Controls, Office of Price Administration, any provision of this section. The per­ purpose of sustaining any proper suit, with respect to rent control, to the Hous­ son to whom the authorization is'issued action, or other proceeding with respect ing Expediter, see Executive Order 9841, will be held strictly accountable for the to any such violation, right, liability, or supra. proper use thereof. appeal. (Sec. 6,54 Stat. 714, as amended (i) Hardship case. Any person af­ by 56 Stat. 463, 58 Stat. 671, 59 Stat. 270, fected by this section who considers that 60 Stat. 215, Pub. Law 30, 80th Cong., 50 compliance herewith would work an ex­ U. S. C. App. Supp. 701) [Suspension Order S-12] ceptional or unreasonable hardship on Note: The record-keeping and reporting re­ P ar^ 8 0 7 — S u sp e n sio n O rders him may file a petition for relief with the quirements of this order have been approved Order Administrator. Petitions shall be by the Bureau of the Budget in accordance RALPH T. CHILTON & STONEWALL J. WEBSTER in writing and shall set forth all perti­ with the Federal Reports Act of 1942. About April 23, 1946, Ralph T. Chilton nent facts and the nature of the relief Issued this 21st day of April 1947. and Stonewall J. Webster, partners, with­ sought. The Order Administrator may out authorization by the Civilian Produc­ take any action with reference to such [ seal] C l in t o n P. A nderson, tion Administration began the construc­ petition which is consistent with the Secretary. tion of a tobacco pack house on Murphy authority delegated to him. If the peti­ [F. R. Doc. 47-3910; Filed, Apr. 24, 1947; Street, Madison, North Carolina, at an tioner is dissatisfied with the action 8:45 a. m.] estimated cost of $2,700. On May 4, taken by the , Order Administrator, he 1946, the partners were authorized by the may, by request addressed to the Admin­ Civilian Production Administration to istrator of Production and Marketing TITLE 13— BUSINESS CREDIT erect a tobacco pack house of four But­ Administration, obtain a review by the ler Ready-Made buildings at that loca­ Administrator of Production and Mar­ Chapter I— Reconstruction Finance tion but thereafter continued construc­ keting Administration, of such action. Corporation tion of such tobacco pack house out of After said review, the Administrator of concrete block, brick, lumber and other Production and Marketing Administra­ T ransfer of F u n c t io n s F rom O ffic e of materials not covered by the authoriza­ tion may take such action as he deems T em porary C ontrols tion and exceeded dimensions of the appropriate, which action shall be final. C ross R efer en c e: For the transfer of structure authorized. Thig was a wilful, (j) Communications. Appeals and functions of the Office of Temporary violation of Veterans’ Housing Program other communications concerning this Controls, Office of Price Administration Order 1 and has diverted critical mate­ section shall be directed to the Sugar and Office of War Mobilization and Re­ rial to uses not authorized by the Civil­ Branch, Production and Marketing Ad­ conversion (Stabilization) with respect ian Production Administration or the ministration, Department of Agriculture, to subsidies, applications for price ad­ Office of the Housing Expediter. In view Washington 25, D. C. justments and related functions, to the of the foregoing, it is hereby ordered (k) Delegation of authority. (1) Au­ Reconstruction Finance Corporation, see that: thority is hereby delegated to the Office Executive Order 9841, supra. of International Trade, Department of * § 807.12 Suspension Order No. S-12. Commerce, to exercise and perform all (a) Neither Ralph T. Chilton nor Stone­ such powers and functions under section TITLE 15— COMMERCE wall J. Webster, their Successors and as­ 6 of the act of July 2,1940 (54 Stat. 714), signs, nor any other person, shall do any as amended and extended, as are now Subtitle A— Office of the Secretary of further construction on the said pack vested in the Secretary of Agriculture, Commerce house property located on Murphy Street, with respect to sugar-containing prod­ Madison, North Carolina, including put­ ucts containing less than 70 percent of T ransfer o f F u n c tio n s F rom O ffice of ting up, completing or altering any struc­ sugar by weight, insofar as such products T emporary Controls ture located thereon, unless hereafter specifically authorized in writing by the may be included in the definition of sugar Cross R eference: For the transfer of contained in the Sugar Control Exten­ certain functions of the Office of Tem­ Office of the Housing Expediter. sion Act of 1947. porary Controls to the Secretary of Com­ (b) Ralph T. Chilton and Stonewall (2) The administration of this section merce, see Executive Order 9841, supra. J. Webster shall refer to this order in and the powers vested in the Secretary any application or appeal which they of Agriculture insofar as such powers may file with the Office of the Housing relate to the administration of this sec­ Expediter for authorization to carry on tion are hereby delegated to the Admin­ construction. Chapter III— Bureau of Foreign and (c) Nothing contained in this order istrator of Production and Marketing Domestic Commerce, Department Administration. The Administrator of shall be deemed to relieve Radph T. Chil­ Production and Marketing Administra­ of Commerce ton and Stonewall J. Webster, their suc­ cessors or assigns, from any restriction, tion is authorized to redelegate to any P art 360—O rganization, F u n c tio n s and prohibition or provision contained in any employee of the United States Pepart- P rocedures of the O ffice of I nterna­ other order or régulation of the Office of ment of Agriculture any or all of the tional T rade authority vested in him by this section. the Housing Expediter, except insofar as (l) Effective date. This section shall RESTRICTIONS ON EXPORTS OF SUGAR the same may be inconsistent with the provisions hereof. become effective immediately upon the C ross R eference: For supersedure of issuance thereof and shall supersede the the Export Control Regulations relating Issued this 23d day of April 1947. Export Control Regulations of the Office to sugar, sirup and molasses, including of International Trade, Department of blackstrap, and sugar-containing prod­ O ffice of the H ousing Commerce, insofar as it relates to sugar, ucts by regulations of the Production E xpediter, By J ames V. S arcone, sirup and molasses, including blackstrap, and Marketing Administration, Depart­ Authorizing Officer and sugar-containing products contain­ ment of Agriculture, see Federal Register ing 70 percent or more of sugar by Document 47-3910, Title 7, Chapter VIII, [F. R. Doc. 47-3971; Filed, Apr. 23, 1947; weight, all as defined herein: Provided, Part 803, supra. 3:04 p. m.] That export licenses issued by the Office of International Trade, Department of Commerce, prior to April 1,1947, shall be TITLE 24— HOUSING CREDIT valid until the expiration date thereof. [Suspension Order S-13] With respect to violations, rights ac­ Chapter VIII— Office of the Housing P art 807—S u sp e n sio n Orders crued, liabilities incurred, or appeals Expediter KURTZ-HODGE IMPLEMENT CO., INC. taken prior to the effective date hereof, under the Export Control Regulations T ransfer of F u n c tio n s F rom O ffice of Kurtz-Hodge Implement Co., Inc., a issued by the Office of International T emporary C ontrols New York Corporation of 10 Park Place, Trade, Department of Commerce, all Cross R eference: For the transfer of Avon, New York, is the owner of property provisions of said regulations shall be functions of the Office of Temporary located at that address. It violated Vet- Friday, April 25, 1947 FEDERAL REGISTER 2649 erans’ Housing Program Order 1 in that 3705—do any further construction on the may be inconsistent with the provisions (1) on or about May 15, 1946 it began structure located at Mack Avenue and hereof. construction, repairs, additions and Cook Road, Grosse Pointe Woods, Michi­ alterations, without authorization, and gan, including putting up, completing or Issued this 23d day of April 1947. at a cost in excess $1,000, of a partly resi­ altering the structure, unless hereafter O ffice of th e H o using dential and partly commercial building authorized in writing by the Office of the E xpediter, located at 10 Park Place, Avon, New Housing Expediter. By J ames V. S arcone, York; (2) on and after May 15, 1946 it (b) John H. Wood shall refer to this Authorizing Officer. carried on construction, repairs, addi­ order in any application or appeal which [F. R. Doc. 47-3974; Filed, Apr. 23, 1947; tions and alterations, without authoriza­ he may file with the Office of the Housing 3:04 p. m.] tion and at a cost in excess of $1,000, of a Expediter for authority to construct or partly residential and partly commercial for priorities assistance. building located at 10 Park Place, Avon, (c) Nothing contained in this order TITLE 26— INTERNAL REVENUE New York. In view of the foregoing, it is shall be deemed to relieve John H. Wood, hereby ordered that: his successors and assigns, from any re­ Chapter I— Bureau of Internal Reve* § 807.13 Suspension Order No. S-13. striction, prohibition or provision con­ nue, Department of the Treasury tained in any other order or regulation of (a) The temporary suspension order is­ Subchapter A——Income and Excess Profits Taxes sued by telegram dated November 18, the Office of the Housing Expediter, ex­ 1946, is hereby revoked. cept insofar as the same may be incon­ [T. D. 5560] sistent with the provisions hereof. (b) Neither Kurtz-Hodge Implement P art 30—R egulations U nder th e E x c e s s Co., Inc., its successors and assigns, nor Issued this 23d day of April 1947. P ro fits T ax A ct of 1940 any other person shall do any further construction on the premises located at O ffic e of the H o using P art 35—E xcess P rofits T a x ; T axable E xpediter, Y ears B eg inning A fter D ecember 31, 10 Park Place, Avon, New York, including 1941 the putting up, completing or altering of By J ames V. S arcone, any of the structures located on said Authorizing Officer. computation of constructive average premises, unless hereafter specifically [F. R. Doc. 47-3973; Filed, Apr. 23, 1947; BASE PERIOD NET INCOME authorized in writing by the Office of the 3:04 p. m.] Regulations 109 (26 CFR, Part 30) and Housing Expediter. Regulations 112 (26 CFR, Part 35) are (c) Kurtz-Hodge Implement Co., Inc. amended as follows: shall refer to this order in any applica­ 1. Section 30.722-2 (b), as amended by tion or appeal which it may file with the [Suspension Order S-21] Treasury Decision 5415, approved No-, Office of the Housing Expediter for au­ P art 807—S u s p e n s io n O rders vember 3, 1944, is further amended by thorization to carry on construction. striking out the last sentence of subpara­ (d) Nothing contained in this order DETROIT CONSTRUCTION CO. graph (1) and inserting in lieu thereof shall be deemed to relieve Kurtz-Hodge Detroit Construction Company, 13836 the following: “In a proper case, however, Implement Co., Inc., its successors and Linwood Avenue, Detroit, Michigan, is a growth may be recognized in arriving at assigns, from any restriction, prohibition copartnership consisting of Micheál the fair and just amount representing or provision contained in any other order Chernick and Belle V. Chernick, his wife. normal earnings if, and to the extent or regulation of the Office of the "Housing The company is charged by the Office of that, such recognition is reasonable and Expediter, except insofar as the same the Housing Expediter with violating Vet­ consistent with the conditions and lim­ may be inconsistent with the provisions erans’ Housing Program Order 1 in that itations of section 722.” hereof. without authorization of the Civilian 2. Section 35.722-2 (b), as amended Issued this 23d day of April 1947. Production Administration or the Office by Treasury Decision 5415, approved No­ of the Housing Expediter the company vember 3, 1944, is further amended by O ffice o f the H ousing began, on or about October 23, 1946 and striking out the last sentence of sub- E xpediter, thereafter carried on construction of a paragraph (1) and inserting in lieu By J ames V. S arcone, non-residential structure'containing ap­ thereof the following: “In a proper case, Authorizing Officer. proximately 4,000 square feet, at 3954 Dix however, growth may be recognized in IF. R. Doc. 47-3972; Piled, Apr. 23, 1947; Highway, Lincoln Park, Michigan, the arriving at the fair and just amount rep­ 3:04 p. m.] estimated cost of which was in excess of resenting normal earnings if, and to the $1,000. This violation has diverted scarce extent that, such recognition is reason­ materials to uses not authorized by the able and consistent with the conditions Office of the Housing Expediter. In view and limitations of section 722.” [Suspension Order S-18] of the foregoing, it is hereby ordered 3. The amendment to Part 30 Regula­ P art 807—S u s p e n s io n Orders that: tions 109) made by paragraph 1 of this Treasury decision shall be applicable to JOHN H. WOOD § 807.21 Suspension Order No. S-21. all taxable years covered by such regu­ John H. Wood, of 857 Hawthorne Road, (a) Neither the Detroit Construction lations. The amendment to Part 35 Grosse Pointe Woods, Michigan, on or Company, its successors and assigns, nor (Regulations 112) made by paragraph 2 about December 1,1946, without authori­ any other person shall do any further of this Treasury decision shall be appli­ zation of the Civilian Production Admin­ construction on the premises located at cable to all taxable years covered by istration or the Office of the Housing Ex­ 3954 Dix Highway, Lincoln Park, Michi­ such regulations. pediter, began and thereafter carried on gan, including putting up, completing or 4. This Treasury decision shall be ef­ altering the structure, unless hereafter fective on the 31st day after the date of construction of a structure, dimensions specifically authorized in writing by the 50' x 78', for use as a gasoline and serv­ its publication in the F ederal R egister. ice station, the estimated cost of which Office of the Housing,Expediter. (b) Detroit Construction Company (Sec. 62, 53 Stat. 32 as made applicable was in excess of $1,000. These violations shall refer to this order in any application by sec. 729 (a), 54 Stat. 989; 26 U. S. C. have1 diverted critical materials to uses 62, 729 (a)) not authorized by the Office of the Hous­ or appeal which it may file with the Office ing Expediter. In view of the foregoing, of the Housing Expediter for authoriza­ [ seal! -Wm. T. S herw ood, it is hereby ordered that : tion to carry on construction. Acting Commissioner of (c) Nothing contained in this order Internal Revenue. § 807.18 Suspension Order No. S-18. shall be deemed to relieve Detroit Con­ Approved: April 21, 1947. (a) Neither John H. Wood, his successors struction Company, its successors and or assigns, nor any other person, shall, assigns, from any restriction prohibition, J o seph J. O ’C o n n e ll , Jr., * except to the extent authorized by the or provision contained in any other order Acting Secretary of the Treasury. Civilian Production Administration— or regulation of the Office of the Housing [F. R. Doc. 47-3949; Filed, Apr. 24, 1947; Application CPA 4423, Case No. 3-5- Expediter, except insofar as the same 8:49 a. m.] 2650 RULES AND REGULATIONS effective when approved by the Secretary (d) No one is to be present at the TITLE 30— MINERAL RESOURCES of the Interior. time the tests are made except the neces­ Chapter J-^-Bureau of Mines, Depart­ Any blasting unit that meets the re­ sary Bureau of Mines engineers, their quirements set forth in this part will be assistants, a representative of the appli­ ment of the Interior termed “permissible” by the Bureau of cant, and such other persons as may be Mines. mutually agreed upon by the applicant Subchapter D— Electrical Equipment, Lamps, and the Bureau. Methane Detectors: Tests for Permissibility; § 25.2 Fees charged, (a) The fee for Fees (e) Permissibility tests will not be a complete investigation of a multiple- made unless the unit has been com­ P art 25r—M u l t ipl e -S h o t B lasting U n it s shot blasting unit under this part is pletely developed and is in a form that $100/ The rules and regulations in this part (b) The fee for tests covering only a can be marketed. relate to the requirements for constrjjc- part of a complete investigation shall be (f) The results of the tests shall be tion of multiple-shot blasting units under proportional to the work involved. regarded as confidential by all present which satisfactory 10-shot units may be Application for retests that may be at the tests and shall not be made public approved for use in gassy mines, and in­ equivalent to more than one-half of a in any way prior to the formal approval clude forms for application for approval, complete investigation should be accom­ of the shot-firing unit by the Bureau conditions under which tests are made, panied by a check for the full fee. Ap­ of Mines. and the fees charged. Applications for plication for tests covering changes in Xg) No verbal report of approval or approval are voluntary with manufac­ design, which may require less than one- disapproval will be made to the appli­ turers of multiple-shot blasting units. half of a complete investigation, should cant. After the Bureau’s engineers have Such manufacturers are few in number be accompanied by a check for one-half considered the results of the tests, a and have been consulted in the revision of the full fee. Any surplus will be re­ formal report of the approval or dis­ of the rules, and good cause exists for funded at the close of the investigation. approval will be made to the applicant making them effective immediately. For (c) Under the present provisions of in writing by the Director of the Bureau these reasons the notice and public pro­ this part, extensions of approvals that of Mines. The applicant shall not be cedure prescribed by section 4 of the do not require tests will be made without free to advertise the unit as being per­ Administrative Procedure Act (Public charge. missible or as having passed the tests Law 404, 79th Cong.), are unnecessary (d) Tests to assist a manufacturer in prior to receipt of formal notice of ap­ and the regulations shall become effec­ the development of his device may be proval. tive as of the date of their approval by made upon request to the Director of the § 25.5 General requirements. Mul­ the Secretary of the Interior. Bureau and will be charged for in tiple-shot blasting units approved under Section 25.11 is revoked, and §§ 25.0 to amounts proportionate to the work in­ this part shall be portable. They shall 25.10, inclusive, are amended as follows: volved. be durable in construction, practical in Sec. § 25.3 Instructions on making appli­ operation, and suitable for service con­ 25.0 Compliance with the requirements for ditions underground, particularly re­ obtaining approval. cations. A form of request for an in­ garding resistance to moisture. They 25.1 Purpose. vestigation of a blasting unit follows: shall offer no probable explosion hazard 25.2 Fees charged. The Director of the Bureau of Mines, when used in gaseous mine atmospheres. 25.3 Instructions on making applications. Department of the Interior, Under laboratory test conditions, they 25.4 Conditions governing investigations. W ashington 25, D. C. 25.5 General requirements. shall satisfy the various requirements of 25.6 Specific requirements. Dear Sir: minimum performance that are specified 25.7 Material required for Bureau of Mines We hereby make application for approval in this part. records. o f th e (type or model) Multiple-Shot Blast­ 25.8 How approvals are granted. ing Unit under the provisions of Schedule §25.6 Specific requirements—(a) All 25.9 Wording, purpose, and use of approval 16B. Attached is a certified check for one types. In determination of adequacy of plate. hundred dollars ($100) made payable to. the design, the following points will be con­ 25.10 Instructions on handling future Treasurer of the United States to cover the sidered: (1) Materials used; (2) con­ changes in design. fee for the tests. A copy of this application, one set of struction; (3) size, weight, and shape} Authority : §§ 25.0 to 25.10, inclusive, is­ drawings, one complete unit, and a full (4) life of the active parts, and (5) main­ sued under sec. 311, 47 Stat. 410; 30 U. S. C. set of instructions for operating are being tenance. The suitability of the materials 7; E. O. 6611, Feb. 22, 1934. sent to the Central Experiment Station, 4800 and the construction shall be determined § 25.0 Compliance with the require­ Forbes Street, Pittsburgh, Pa., marked for by preliminary inspection, dropping the attention of the “Supervising Engineer, tests, insulation measurements, and by ments necessary for obtaining approval. Electrical-Mechanical Section.” To receive approval of the Bureau of the general performance of the unit dur­ Mines for any multiple-shot blasting Signature of Applicant ing the investigation. units a manufacturer must comply with (b) Units of the battery type. (1) The the requirements specified in this part. § 25.4 Conditions governing investi­ units shall fire 10 electric blasting caps gations. (a) One complete unit, with in series through a total resistance of 30 § 25.1 Purpose. The purpose of inves­ assembly and detail drawings that show ohms. tigations under this part is to promote its construction and the materials of A unit whose source of energy is the the development of suitable multiple- which it is made, should be forwarded battery of a permissible cap lamp shall shot blasting units for use under special to the Central Experiment Station at the meet this requirement after the cap lamp conditions where the firing of several time the application for approval is has burned six hours. shots, one at a time, may be considered made. (2) Unless a unit is inherently safe, less safe than firing all simultaneously. (b) When the unit and drawings have that is, cannot produce electric arcs or The sanction of the use of multiple-shot been inspected by the Bureau’s engi­ sparks that will ignite an explosive mix­ firing units, with capacities up to ten neers, the applicant will be notified as ture of natural gas and air, it shall be so shots, does not rescind the general rec­ to the amount of material that will be designed that the terminal voltage of the ommendation of this Bureau in favor of required for the tests. unit is less than 12 volts, maximum or single-shot firing except under special (c) The applicant will be notified of crest value, within 30 milliseconds after conditions, and in no way modifies the the date on which tests will be started firing contact is made. safety principles prescribed by the Bu­ and will be given an opportunity to (3) A unit designed to be inherently reau for handling permissible explosives witness the tests. safe shall be enclosed in a waterproofed as published in Part 16 of this chapter. housing and shall' not have directly ex­ Lists of such units will be published 1 Although the standard fee for a complete posed terminals. iThe terminals may be from tiine to time for the information of Investigation is $100, the work involved in recessed, provided the depth, shape, and the investigation of a battery-type unit may position of the recesses are such as to State mine inspection departments, com­ not justify the full fee.‘ In such cases a pensation bureaus, mine operators, min­ refund, depending upon the amount of work guard against accidental contact and to ers, and others interested in safe equip­ performed, but not exceeding $50, will be insure ready disconnection of the lead­ ment for mines. This part shall become made. ing wires as soon as the shot has been Friday, April 25, 1947 FEDERAL REGISTER ¿651 made. In this respect, it is recom­ granted. The manufacturer shall not change or changes are considered to meet mended that the recesses be at least Y% advertise the unit as permissible or ap­ the requirements. Changes judged to inch deep, with a small bell-mouth open­ proved until the formal notification of meet the requirements will be authorized ing, and be placed at a side or end of approval from Washington has been re­ by extension of approval issued through the unit. ceived. the Director’s office. (4) A unit designed to limit the dura­ (d) If tests are judged necessary, the tion of voltage on the firing circuit shall § 25.9 Wording, purpose, and use of approval plate—(a) Approval plate. applicant will be advised of the material be enclosed in a housing that is sealed that will be required and of the necessary or locked to prevent unauthorized tam­ Manufacturers shall attach, stamp, or mold an approval plate on each per­ deposit to cover the fee for the tests. pering with the device. Firing shall be Upon satisfactory completion of the by a detachable key or by a system of missible blasting unit. The plate shall bear the seal of the Bureau of Mines and tests, extension of approval authorizing two or more push buttons requiring a the changes will be issued through the definite sequence of operation that gives be inscribed as follows: Director’s office. adequate protection against accidental Permissible Ten-Shot Blasting Unit firing; release of the key or buttons shall Approval N o.______Issued to th e ______R . R . S ayers, automatically return the firing contac­ j^pmpany Director. tors to their original positions. When deemed necessary, appropriate Approved: April 16, 1947. Units in which firing is by discharge caution statements shall be added. The J . A . K rug, of a condenser shall have provision for size and position of the approval plate Secretary of the Interior. insuring its discharge automatically shall be satisfactory to the Bureau. after each shot or attempt to fire. A photograph of the approval plate [P. R. Doc. 47-3903; Filed, Apr. 24, 1947; (c) Units of the generator type. (1) design will be supplied with the approval 8:48 a. m.] The units shall fire 10 electric blasting letter. This letter will assign an ap­ caps in series through a total resistance proval number for reference and for of 50 ohms. identification of the unit approved. TITLE 31— MONEY AND (2) Generator units shall be so de­ (b) Purpose of approval plate. The FINANCE: TREASURY signed that electrical connection to the approval plate is a label that identifies firing circuit is not made iihtil near the the device so that anyone can tell at a Subtitle A— Office of the Secretary of end of the operation stroke and the ter­ glance whether it is of the permissible the Treasury minal voltage of the unit within 30 milli­ type or not. By the plate, the manufac­ P art 11—Custo m h o u se B rokers seconds thereafter shall be less than 12 turer can point out that the blasting unit volts, maximum or crest value. complies with the Bureau’s requirements revocation or s u s p e n s io n op l ic e n se s (3) The unit shall be operated by and that it has been approved for use in 1. Section 11.10 is hereby amended to means of a special key or handle which, gassy mines. read as follows: when released by the hand, will be re­ (c) Use of approval plate. Permis­ turned automatically to its original sion to place the Bureau’s approval plate § 11.10 Revocation or suspension of starting position. on the blasting unit obligates the manu­ licenses—(a) Provisions of Tariff Act. (4) Provision shall be made for seal­ facturer to maintain the quality of the Amended section 641 (b) of the Tariff ing or locking the housing of the unit product and to see that it is constructed Act of 1930 provides in part: to prevent unauthorized changes in according to the drawings accepted by • The collector or chief officer of the timing. the Bureau and in the Bureau’s. files. customs may at any time, for good and § 25.7 Material required for Bureau of Blasting units exhibiting changes in de­ sufficient reasons, serve notice in writ­ Mines records. In order that the Bu­ sign that have not been authorized by ing upon any customhouse broker so li­ reau may know exactly what .it has ■extension of approval are not permissible censed to show cause why said license tested and approved, it keeps detailed and must not bear the Bureau’s approval shall not be revoked or suspended, which records covering each investigation. plate. notice shall be in the form of a state­ These records include drawings and ac­ (d) Withdrawal of approval. The ment specifically setting forth the tual equipment as follows; Bureau reserves the right to rescind for ground of complaint. The collector or (a) Drawings. The original drawings cause at any time any approval granted chief officer of customs shall within ten under this part. days thereafter notify the customhouse submitted with the application for the broker in writing of a hearing to be tests and the final drawings which the § 25.10 Instructions on handling fu~ held before him within five days upon manufacturer must submit to the Bu­ ture changes in design. All approvals said charges. At such hearing the cus­ reau before the approval is granted, to are granted with the understanding that tomhouse broker may be represented by show the details of the unit as approved. the manufacturer will make the blasting counsel, and all proceedings including These drawings are used to identify the unit according to the drawings included the proof of the charges and the answer unit in the approval and as a means of in the approval. Therefore, when the checking the future commercial product thereto, shall be presented, with the manufacturer desires to make any right of cross-examination to both par­ of the manufacturer. changes in the design the Bureau’s au­ ties, and a stenographic record of the (b) Actual equipment. If the Bureau thorization of the change should be ob­ same shall be made and a copy thereof so desires, parts of the units that are tained beforehand. The procedure is as shall be delivered to the customhouse used in the tests will be retained as rec­ follows: broker. At the conclusion of such hear­ ords of the equipment submitted. If the (a) The manufacturer should write to ing the collector or chief officer of cus­ unit is approved, the Bureau will re­ the Director of the Bureau of Mines at toms shall forthwith transmit all papers quire the manufacturer to submit a pro­ Washington, D. C., requesting an exten­ and the stenographic report of the hear­ duction model with the approval plate sion of the original approval and de­ ing, which shall constitute the record of attached, as a record of his commercial scribing the change or changes desired. the case, to the Secretary of the Treas­ product. A copy of the letter, a revised drawing ury for his action. Thereupon the said § 25.8 How approvals are granted. showing the change in detail, and one of Secretary of the Treasury shall have the All approvals are granted through the each of the parts affected should be right to revoke or suspend the license of office of the Director of the Bureau of sent to the Central Experiment Station, any customhouse broker shown to be Mines at Washington, D. C. A blasting 4800 Forbes Street, Pittsburgh, Pa., incompetent, disreputable, or who has unit will be approved under this part marked for the attention of the Super­ refused to comply with the rules and reg­ only when the testing engineers have vising Engineer, Electrical-Mechanical ulations issued under this section, or judged that it has met the requirements Section. who has, with intent to defraud, in any of the part and the Bureau’s records (b) The Bureau will consider the ap­ manner willfully and knowingly de­ are complete, including drawings from plication and inspect the drawings and ceived, misled, or threatened any im­ the manufacturer showing the unit as it parts to determine whether it will be porter, exporter, claimant, or client, or is to be commercially made. No verbal necessary to make any tests. prospective importer, exporter, claim­ reports of the investigation will be given (c) If no tests are necessary, the ap­ ant, or client, by word, circular, letter or and no informal approvals will be plicant will be advised whether the by advertisement. (Sec. 4, 49 Stat. 864) 2652 RULES AND REGULATIONS

(b) Rules of procedure. A proceeding lector, shall be served upon the accused with his clerk or with a person in charge for the revocation or suspension of a cus­ customhouse broker in the following thereof; or tomhouse broker’s license shall, subject manner: (iii) By depositing them in a United to the Tariff Act of 1930, as amended, (i) If an individual: States post office or post-office box, en­ and the Administrative Procedure Act, (a) By delivery to the accused broker closed in a sealed envelope, plainly ad­ be governed by the following rules: personally, or dressed to such accused, or to such mem­ (1) Inability of collector to act. In (b) By registered mail, with demand ber or officer, at the address under which the case of sickness or necessary absence for a return card signed solely by the the accused is licensed or at the last of the collector which prevents him from addressee; known address of the accused, or such acting as provided in this section, the (ii) If a corporation, association, or member or officer. assistant collector shall be deemed the partnership: (iv) When the accused, whether an chief officer of the customs referred to (a) By delivery to any officer of such individual, corporation, association, or in amended section 641 (b) of the Tariff corporation or association, or member partnership, is represented by attorney, Act of 1930, and shall perform the duties of such partnership, or by service upon the attorney in the same of the collector prescribed in this section. (b) By registered mail addressed to manner as provided for in subdivision [Rule 11 any such officer or member, with de­ (i), (ii) or (iii) of this subparagraph (2) Investigation. All complaints ~or mand for a return card signed solely by for service on the accused personally. charges .against customhouse brokers the addressee: Provided, That, if a cus­ [Rule 93 filed with collectors or other customs tomhouse broker shall have signed and (10) Copies filed tvith Committee. officers shall forthwith be forwarded for filed with the Committee his written Copies of all papers in the case, includ­ investigation to the supervising customs consent to be served in some other man­ ing the notice of charges, and notice of agent in charge of the district in which ner, it shall be sufficient if service is the time and place of all hearings, shall the broker is located. The supervising made in that manner. Where the service be sent promptly by the collector to the customs agent shall make his report and is by registered mail, the receipt of the Committee on Practice. [Rule 103 transmit it, with recommendation, to the return card duly signed shall be satis­ (11) Heading. The hearing shall be collector of the appropriate district, for factory evidence of service. [Rule 73 before the collector. The collector shall such action as may be necessary, and (8) Content of statement of charges. designate an officer of his staff to repre­ shall also transmit a copy thereof to the The notice of charges shall state the sent the Government at the hearing and Commissioner of Customs. [Rule 21 place where and time within which the shall provide a stenographer to make (3) Abatement of charges. If the col­ accused may file in duplicate his verified the stenographic record. The Attorney lector determines that there is not suffi­ answer, and shall contain or be accom­ for the Government, or another attorney cient evidence to prefer charges, he panied by a statement of charges, which designated by the Secretary of the Treas­ shall report all of the facts to the Com­ statement shall be signed by the col­ ury, shall be present and participate in missioner of Customs. [Rule 31 lector, giving a plain and concise, but the presentation of testimony. The ac­ (4) Institution of proceedings. If the not necessarily detailed, description of cused or his attorney shall have the collector determines that there is suffi­ the facts which it is claimed constitute right to examine all exhibits introduced cient evidence to prefer charges, he shall, grounds for suspension or revocation of at the hearing. Pursuant to order of subject to the applicable provisions of license. A statement of charges which the collector giving due notice to the this section, institute and conduct a pro­ fairly informs the accused of the charges parties, depositions upon oral or written ceeding pursuant to amended section against him so that he is able to prepare interrogatories may be taken by either 641 (b) of the Tariff Act of 1930. his defense shall be deemed sufficient. party for use at the hearing before any [Rule 4] Different means by which a purpose officer duly authorized to administer ' (5) Drafting of notice.' The collector might have been accomplished or dif­ oaths for general purposes or in customs may call upon the Attorney for the Gov­ ferent intents with which acts might matters. [Rule 113 ernment to aid him in preparing the have been done so as to constitute (12) Submittals. After conclusion of statement of charges to be served upon ground for suspension or revocation of the reception of the evidence, the collec­ the accused broker. [Rule 53 license, may be alleged in the statement tor shall by rule afford the parties a (6) Opportunity to avoid proceeding. of charges in a single count in the alter­ reasonable opportunity to submit pro­ The collector shall, before a proceeding native. If, in order to prepare his de­ posed findings and conclusions and sup­ is instituted, give to the accused broker fense, the accused desires additional in­ porting reasons therefor as contemplated preliminary notice in writing that: formation as to the time and place of by section 8 (b) of the Administrative (i) Transmits a copy of the proposed the alleged misconduct, or the means by Procedure Act. [Rule 123 statement of charges, or a specification which it was committed, or any other (13) Decision by the collector. After of the substance thereof; more specific information concerning compliance with subparagraph. (12) of (ii) Cites sections 5 (b) and 9 (b) of the alleged misconduct, he may present this paragraph the collector shall make the Administrative Procedure Act; a motion in writing to the collector ask­ his recommended decision in the case (iii) Calls upon the accused broker to ing that the statement of charges be and certify the entire record to the Sec­ show cause why the proceeding should made more specific, setting forth in such retary of the Treasury. The collector not be instituted; motion in what specific respect the state­ shall recommend to the Secretary the (iv) Informs the accused broker that ment of charges leaves him in doubt and dismissal of the charges when in his the notice affords him opportunity to describing the particular language of opinion the charges have not been make submissions and demonstrations of the statement of charges as to which ad­ ditional information is needed. If in the proved. The collector shall recommend the character contemplated by the cited opinion of the collector such informa­ to the Secretary that the license be sus­ statutory provisions; tion is reasonably necessary to enable pended or revoked if in the opinion of (v) Invites any negotiation that the the accused to prepare his defense, the the collector such action is warranted by accused broker deems it desirable to en­ collector shall furnish the accused with the record. The collector’s decision shall ter into; and conform with the requirements of section (vi) Specifies a reasonable time for an amended statement of charges giving response to that notice: Provided, That, the needed information. [Rule 83 8 of the Administrative Procedure Act. if prior to service of the statement of (9) Service of other papers. After no­ [Rule 133 charges, the collector determines that tice of the charges has been duly served, (14) Decision by Secretary of the the case is one where such preliminary all other papers in the case, including no­ Treasury. Upon receipt of the record notice would be improper and unneces­ tice of the time and place of the hear­ the Secretary of the treasury will afford ing, shall be served as follows: the parties a reasonable opportunity to sary, he shall incorporate his findings (i) By delivering the same to the ac­ and his reasons therefor in the state­ cused personally if an individual; or if make such additional submittals as may ment of charges, and the statement of a corporation, association, or partner­ then be required by section 8 (b) of the charges shall be served without first ship, to any officer or member thereof; Administrative Procedure Act and by the giving such preliminary notice. [Rule 63 or circumstances of the case. Thereafter (7) Service of statement of charges. (ii) By leaving them at the office of the the Secretary of the Treasury will make Notice of the charges, signed by the col- accused, or of such officer or member, his decision. [Rule 143 Friday, A pril 25, 1947 FEDERAL REGISTER 2653

(15) Dismissal subject to new proceed­ same as those governing the original Name of Company, Location of Principal Ex­ ings. If the evidence atthe hearing in­ proceeding. [Rule 20] ecutive Office and State in Which Incorpo­ dicates that a proper disposition of the (21) Notice of reinstatement. In the rated case cannot be made on the basis of the event that the Secretary shall issue an Insurance Company of North America, charges preferred, the Secretary is au­ order vacating or modifying the prior Philadelphia, Pennsylvania. thorized to instruct the collector to file order of suspension or revocation, notice (28 Stat. 279-80, 36 Stat. 241; 6 U. S. C. appropriate charges as a basis for new thereof Ahall be given to all those to 6-13) proceedings. [Rule 15] whom irotice of the original order of sus­ (16) Immaterial mistakes. The decid­ pension or revocation was sent. [Rule [ sea l] E. H. F o ley, Jr., ing officer shall disregard an immaterial 21] Acting Secretary of the Treasury. misnomer of a third person, an imma­ (22) Saving provision. The provi­ [F. R. Doc. 47-3915; Filed, Apr. 24, 1947; terial mistake in the description of any sions of this section that were in force 8:58 a. m.] person, thing, or place or the ownership and effect April 30, 1947 are referred to of any property, a failure to prove im ­ in this subparagraph as the old rules. material allegations in the description The provisions of this section as amended TITLE 32— NATIONAL DEFENSE of the accused’s conduct, or any other effective May 1, 1947 are referred to in immaterial mistake in the statement of this subparagraph as the new rules. Chapter I— Office of Temporary Con­ charges. [Rule 18] The old rules shall continue to govern trols, Office of the Administrator (17) Proof; partial. If the deciding any proceeding that was instituted prior officer finds that a part of the eharges to April 30, 1947: Provided, however, T erm inatio n of O ffice of T emporary in the statement of charges is not suffi­ That if in the course of the proceeding C ontrols and T ransfer of C ertain ciently proved but that the residue there is taken any action that is author­ F u n c tio n s thereof is so proved, he may base his ized by the old rules but that is not au­ C ross R eference : For the termination decision on any facts established by the thorized by the new rules, said action of the Office of Temporary Controls and evidence which are grounds for suspen­ shall not constitute grounds for disturb­ transfer of certain of its functions to the sion or revocation of the license and ing any order thereafter made in the pro­ Secretary of Agriculture, the Secretary which are substantially charged by the ceeding: (i) unless it is shown that the of Commerce, the Housing Expediter, and said residue of the statement of charges. action was in derogation of substantive the Reconstruction Finance Corporation, [Rule 171 rights, and not merely procedural rights; see Executive Order 9841, supra. (18) Default. No decision by default and (ii) unless upon occurrence of the shall be made against an accused broker action the respondent made timely ob­ except upon evidence submitted on be­ jection supported by his reasons, and the half of the Government. [Rule 18] objection was overruled: Provided fur­ Chapter VIII— Office of International (19) Notice of suspension or revoca­ ther, That adherence may be had to the Trade, Department of Commerce tion. If the Secretary of the Treasury new rules pursuant to stipulation of the in the exercise of his discretion issues parties.' [Rule 22] R estrictions on E xpo rts of S ugar his order of suspension or revocation of 2. These amendments shall take effect Cross R efer en c e: For supersedure of the license of the accused, notice thereof on May 1, 1947. the Export Control Regulations relating shall be given by the Committee to the to sugar, sirup and molasses, including heads of all interested bureaus, offices, (Sec. 641, 46 Stat. 759, secs. 3-5, 49 Stat. blackstrap, and sugar-containing prod­ and divisions of the Treasury Depart­ 864, 865; Pub. Law 404, 79th Cong.; 60 • ucts by regulations of the Production and ment and to other interested depart­ Stat. 238; 19 U. S. C. 1641) Marketing Administration, Department ments and agencies of the Government [ seal] E. H. F o ley , Jr., of Agriculture, see Federal Register Doc­ in such manner as the Committee may Acting Secretary of the Treasury. ument 47-3910, Title 7, Chapter VIII, determine. Except as provided in § 11.13, Part 803, supra. such person will not thereafter be recog­ [F. R. Doc. 47-3948; Filed, Apr. 24, 1947; nized as a customhouse broker during 8:49 a. m.] 'the period of suspension or revocation of his license. [Rule 19] Chapter IX— Office of Temporary (20) Reopening. Any customhouse broker who has been suspended or whose Chapter II— Fiscal Service, Depart­ Controls, Civilian Production Ad­ license has been revoked may make writ­ ment of the Treasury ministration ten application to the collector to have T erm inatio n of O ffice of T emporary Subchapter A— Bureau of Accounts the order of suspension or revocation set Controls and T ransfer of C ertain aside or modified upon the ground (i) of [Dept. Circ. 570, Rev. Apr. 20, 1943, 1947, 16th F u n c tio n s newly discovered evidence, or (ii) that Supp.] important evidence is now available C ross R efer en c e: For the termination which the applicant was unable to pro­ P art 226—S u r et y C om panies A cceptable of the Office of Temporary Controls and duce at the original hearing by the ex­ on F ederal B onds the transfer of certain of its functions ercise of due diligence. Every such ap­ INSURANCE COMPANY OF NORTH AMERICA to the Secretary of Commerce, see Exec­ plication shall be filed with the collector utive Order 9841, supra. in duplicate. Such application must set A pril 21, 1947. forth specifically the precise character A certificate of authority has been % of the evidence to be relied upon in its issued by the Secretary of the- Treasury support and shall state the reasons why to the following company under the act Chapter XI— Office of Temporary the applicant was unable to produce it of Congress approved August 13, 1894, Controls, Office of Price Adminis­ whem the original charges were heard. 28 Stat. 279-80, as amended by the act tration If the collector after dua consideration of of Congress approved March 23, 1910, T erm ination of O ffice of T emporary the application shall deem it sufficiently 36 Stat. 241 (6 U. S. C. 6-13), as an ac­ C ontro ls and T ransfer o f C ertain meritorious to warrant a hearing, he ceptable reinsuring company only, on F u n c t io n s shall so recommend to the Secretary, Federal bonds. An underwriting limi­ Cross R eference: For the termination who may order the taking of additional tation of $12,035,000.00 has been estab­ of the Office of Temporary Controls and testimony before the collector. The col­ lished for the company. the transfer of certain of its functions lector shall set a tinie and place for such Section 226.1 Surety companies ac­ to the Secretary of Agriculture, the hearing, and give due notice thereof to ceptable on Federal bonds; acceptable re­ Housing Expediter and Reconstruction the applicant. The procedures govern­ insurance companies is hereby amended Finance Corporation, see Executive Or­ ing the hearing and decision will be the by adding the following company: der 9841, supra. 2654 RULES AND REGULATIONS

Chapter XVIII— Office of Temporary above-described bridges may keep the extending copyright protection to works pf authors who are citizens of New Controls, Office of War Mobiliza­ drawspans closed to navigation between the hours of 7 a. m. and 10 a. m. and be­ Zealand. tion and Reconversion (Stabiliza­ tween 4 p. m. and 7 p. m., except on the tion) hour, when the bridges shall be opened TITLE 43— PUBLIC LANDS: T e r m in a t io n o f O ffice o f T em po rary to allow all accumulated navigation to C ontrols and T ransfer of Certain pass. INTERIOR F u n c t io n s (b) The drawspans shall be opened at any time to allow the passage of a tow, Chapter II— Bureau of Reclamation, C ross R efe r en c e : For the termina­ common carrier, or vessel in distress. Department of the Interior tion of the Office of Temporary Controls (c) The owner of, or agency control­ and the transfer of certain of its func­ ling, the bridges shall keep a copy of the P art 401—A pplications for E n try on tions to Reconstruction Finance Cor­ regulations in this section conspicuously P u blic L ands and W ater R ental poration with respect to subsidies, see posted on both the upstream and down­ OWYHEE PROJECT, OWYHEE AND GEM IRRI­ Executive Order 9841, supra. stream sides of the bridges in such man­ GATION DISTRICTS, OREGON-IDAHO AND ner that it can easily be read at any time. VALE PROJECT, VALE, OREGON, IRRIGATION [Regs. Apr. 2,1947 (823.01 Turner Creek, DISTRICT TITLE 33— NAVIGATION AND Tybee (Bull) River, and Lazaretto Creek, NAVIGABLE WATERS Ga.)—ENGWR] (28 Stat. 362; 33 Cross R efer en c e: For public notice U. S. C. 499) announcing the availability of water for Chapter II— Corps of Engineers, War public lands and opening of public lands [ seal] E dward F. W itsell, to entry in Owyhee Project, Owyhee and Department Major General, Gem Irrigation Districts, Oregon-Idaho P art 203—B ridge R egulations The Adjutant General. and Vale Project, Vale, Oregon, Irriga­ tion District, Oregon, see F. R. Docs. DRAWBRIDGES ACROSS TURNER CREEK, TYBEE [F. R. Doc. 47-3908; Filed, Apr. 24, 1947; 8:49 a. m.] 47-3906 and 47-3907 under Department (BULL) RIVER, AND LAZARETTO CREEK, of Interior, Bureau of Reclamation, in GEORGIA Notices section, infra. Pursuant to the provisions of section 5 TITLE 37— PATENTS AND of the River and Harbor Act of August 18, 1894 (28 Stat. 362; 33 ü. S. C. 499), COPYRIGHTS § 203.404 is hereby prescribed to govern P art 402—A n n u a l W ater Charges the operation of drawbridges of the Chapter II— Copyright Office, State Highway Department of Georgia Library of Congress DESCHUTES IRRIGATION PROJECT, NORTH across Turner Creek, Tybee (Bull) River, UNIT, OREGON AND LUGERT-ALTUS IRRIGA­ P art 202—P roclamation Copyrig h t TION PROJECT, OKLAHOMA and Lazaretto Creek, Georgia: R elations § 203.404 Turner Creek, Tybee (.Bull) Cross R efer en c e: For additions to the River, and Lazaretto Creek, Ga.; high­ NEW ZEALAND tabulation contained in § 402.2 see F. R. way bridges on U.S. Highway 80 between C ross R efe r en c e : For an addition to Docs. 47-3904 and 47-3905 under Depart­ Savannah Beach and Thunderbolt, Ga. the tabulation contained in § 202.1, see ment of Interior, Bureau of Reclamation, (a) The owner or agency controlling the Proclamation 2729 under Title 3, supra, in the Notices section, infra.

PROPOSED RULE MAKING

nomic or marketing conditions which re­ a handler, who, under a dairy farm per­ DEPARTMENT OF AGRICULTURE late to the provisions of the proposed mit or rating issued by the health au­ Production and Marketing marketing agreement and order, or to thorities of the City of Topeka for the any modifications thereof, which are production of milk to be used for con­ Administration hereinafter set forth. sumption as milk or cream in the mar­ The Shawnee County Milk Producers keting area produces milk which is (1) 17 CFR, Ch. 1X1 Association has proposed the following purchased or received at an approved [Docket No. AO-182] marketing agreement.and order: plant, or (2) caused to be diverted from the farm of such person to an unap­ H andling of M il k in T o peka, K a n s., S ection 1. Definitions. The following proved plant by a cooperative association M arketing A rea terms shall have the following meanings: for the account of such association. (a) “Act” means Public Act No. 10, (f) “Handler” means (1) any person NOTICE OF HEARING ON PROPOSED MARKET­ 73d Congress, as amended, and as re­ ING AGREEMENT AND ORDER who operates an approved plant from enacted and amended by the Agricultural which Class I milk or Class II milk is dis­ Pursuant to the Agricultural Magjcet- Marketing Agreement Act of 1937 (50 posed of in the marketing area, or (2) ing Agreement Act of 1937, as amended Stat. 246 (1937) 7 U. S. C. 601 et seq.), any cooperative association, with respect (7 U. S. C. 601 et seq.), and in accordance as amended. to the milk of any producer, which such with the applicable rules of practice and (b) “Secretary” means the Secretary cooperative association causes to be procedure governing the formulation of of Agriculture of the United States or diverted to the plant of a handler or to marketing agreements (7 CFR Supps. any officer or employee of the United the plant of a non-handler for the ac­ 900.1 et seq.; 11F. R. 7737; 12 F. R. 1159), States Department of Agriculture who is count of such cooperative association. notice is hereby given of a public hearing authorized to exercise the. powers and to be held in the Federal Building at to perform the duties of the Secretary (g) “Producer-handler” means any Topeka, Kansas, beginning at 10 a. m., of Agriculture of the United States. person who is both a producer arid a c. s. t., May 12, 1947, with respect to a (c) “Topeka, Kansas, marketing area” handler and who receives no milk from proposed marketing agreement and order hereinafter called “marketing area” other producers: Provided, That (1) the regulating the handling of milk in the means all the territory in Shawnee maintenance, care and management of Topeka, Kansas, marketing area. The County, Kansas. the dairy animals and other resources proposed marketing agreement and order (d) “Person” means any individual, necessary to produce the milk are the has not received the approval of the Sec­ partnership, corporation, association, or personal enterprise of and at the per­ retary of Agriculture. any other business unit. sonal risk of such person in his capacity The public hearing is for the piffrpose (e) “Producer” means any person, ir­ as a producer, and (2) the processing, of receiving evidence with respect to eco­ respective of whether such person is also packaging and distribution of milk are Friday, A pril 25, 1947 FEDERAL REGISTER 2655 the personal enterprise of and at the vided for herein and surrender the same handler by audit of such handler’s rec­ personal risk of such person in his ca­ to his successor or to such other person ords and of the records of any other pacity as a handler. A producer who as the Secretary may designate; handler or person upon whose disposition processes and packages milk of his own (4) Publicly disclose to handlers and of milk the classification depends. Each production shall not be considered a pro­ producers, unless otherwise directed by handler shall keep adequate records of ducer-handler if his entire output is dis­ the Secretary, the name of any person receipts and utilization of milk and milk posed of to other handlers who purchase who, within 10 days after the date upon products and shall, during the usual or receive milk in bulk from producers. which he is required to perforfh such hours of business, make available to the (h) “An approved plant'’ means any acts, has not (i) made reports pursuant market administrator or his representa­ milk plant approved by health authori­ to section 3 or (ii). made payments pur­ tives such records and facilities as will ties of the City of Topeka, Kansas, for suant to section 8; and enable the market administrator to: the handling of milk to be disposed of (5) Promptly verify the information (1) Verify the receipts and disposition for fluid consumption as milk in the contained in the reports submitted by of all milk and milk products, and in marketing area, and currently used for handlers. ' case of errors or omissions, ascertain the any or all of the function of receiving, Sec. 3. Reports of handlers—(a) Pe­ correct figures; weighing (or measuring), sampling, riodic reports. On or before the 5th (2) Weigh, sample, and test for but­ cooling, pasteurizing or other prepara­ day after the end of each delivery period, terfat content the milk purchased or re­ tion of milk for sale or disposition as each handler who purchased or received ceived from producers and any product of milk or cream for fluid consumption in milk from sources other than his own milk upon which classification depends; the marketing area. production or other handlers shall with and (i) “Producer milk” means all milk respect to milk or dairy products which (3) Verify the payments to producers produced by a producer other than a were purchased, received, or produced by prescribed in section 8. producer-handler, which is purchased or such handler during such delivery period Sec. 4. Classification of milk—(a) Milk received by a handler either directly report to the market administrator in to be classified. All milk and milk prod­ from such producers or from other han­ the detail and form prescribed by the ucts purchased or received by each han- dlers. market administrator, as folows: ler at his approved plant shall be classi­ (j) “Other source milk” means all (1) The receipts at each plant of milk fied by the market administrator in the milk and milk products other than pro­ from each producer, the butterfat con­ classes set forth in paragraph (b) of ducer milk. tent, and the number of days on which this section. (k) “Market administrator” means milk was received from each producer; (b) Classes 6f utilization. Subject to the person designated pursuant to sec­ (2) The receipts from such handler’s the conditions set forth in paragraph (c) tion 2 as the agency for the administra­ own farm production and the butterfat of this section, the classes of utilization tion hereof. content; of milk shall be as follows: (l) “Delivery period” means the cur­ (3) The receipts of milk, cream, and (1) Class I milk shall be all milk and rent marketing period from the first to, milk products from handlers who pur­ skim milk disposed of as milk, skim milk, and including, the last day of each chase or receive milk from producers and buttermilk or flavored milk drinks and month. the butterfat content; all milk not classified as Class II milk (m) “Cooperative association” means (4) The receipts of other source milk; or Class m milk pursuant to subpara­ any cooperative association of producers (5) The respective quantities of milk graphs (2) and (3) of this paragraph. which the Secretary determines (1) to and milk products and the butterfat (2) Class II milk shall be all milk, used have its entire activities under the con­ content which were sold, distributed, or tb produce cream which is disposed of trol of its members and (2) to have and used, including sales to other handlers in the form of cream, other than for use to be exercising full authority in the for the purpose of classification pursuant in products specified in subparagraph (3) sale of milk of its members. to section 4; of this paragraph, creamed cottage Sec. 2. Market administrator—(a) (6) The sales of Class I milk and Class cheese, products sold or disposed of in Designation. The agency for the admin­ •II products outside the marketing area, the form of cream testing less than 18 istration hereof shall be a market ad­ listing the market or area in which such percent of butterfat, aerated cream, and ministrator who shall be a person Class I milk and such Class n products eggnog. selected by the Secretary. Such person were sold or disposed of, the date of such (3) Class III milk shall be all milk shall be entitled to such compensation sale or disposition, and the plant from used to produce butter, cheese (other as may be determined by, and shall be which $uch milk and milk products were than creamed cottage cheese), evapo­ subject to removal at the discretion of, supplied; and rated milk, condensed milk, ice cream, the Secretary. (7) Such other information with re­ and powdered whole milk; used for (b) Powers. The market administra­ spect to the use of milk as the market starter churnix_g, wholesale baking and tor shall: administrator may request. candy making purposes; accounted for (1) Administer the terms and provi­ (b) Reports of payments to producers. as salvage from products where the re­ sions hereof; On or before the 20th day after the end covery of-fat is impossible; and not ac­ (2) Report to the Secretary com­ of each delivery period, upon the request counted for but not In excess of 3 per­ plaints of violation of the provisions of the market administrator, each hand­ cent of the total receipts of butterfat hereof; and ler who purchased or received milk from other than receipts from other handlers. (3) Make rules and regulations to ef­ producers shall submit to the market ad­ (c) Transfers of milk, skim milk, and fectuate the terms and provisions ministrator his producer pay roll for such cream. (1) Milk or skim milk sold or. hereof. delivery period which shall show for each disposed of in fluid form by a handler (c) Duties. The market administrator producer: (1) The daily and total pounds to a plant of a nonhandler who distrib­ shall: of milk delivered and the average butter­ utes fluid milk shall be Class I unless all fat content thereof and (2) the net of the following conditions are met: (i) (1) Within 45 days following the date amount of such handler’s payments to upon which he enters upon his duties, Such nonhandler’s plant is located less such producer with the prices, deduction, than 100 miles from the approved plant execute and deliver to the Secretary a and charges involved. bond, conditioned upon the faithful per­ where such milk was received from pro­ (c) Reports of producer-handlers and ducers; (ii) the market administrator formance of his duties, in an amount handlers whose sole source of supply is and with surety thereon satisfactory to is permitted to audit the records of such from other handlers. Producer-handlers nonhandler; (iii) the receipts of produc­ the Secretary; and handlers whosjj sole source of supply (2) Pay, out of the funds provided by er milk at approved plants are greater is from other handlers shall make reports than the total sales of Class I and Class section 10, the cost of his bond, his own to the market administrator at such time compensation, and all other expenses II milk from handlers’ routes in the and in such manner as the market ad­ marketing area; and (iv) such nonhan­ necessarily incurred in the maintenance ministrator may require. dler receives milk from dairy farmers and functioning of his office; (d) Verification of reports and pay-t who the market administrator deter­ (3) Keep such books and records as ments. The market administrator shall mines constitute such nonhandler’s reg­ will clearly reflect the transactions pro­ verify all reports and payments of each ular source of supply. 2656 PROPOSED RULE MAKING If all the above conditions are met the dler has use: Provided, That if either or by 3.8 percent and added to the quantity market administrator shall classify such both handlers have purchased other of milk determined pursuant to subdivi­ TTiilk as follows: (a) Determine the use source milk such cream so sold or dis­ sion (i) of this subparagraph. of all milk and all milk products received posed of shall be classified at both plants (4) Determine the total pounds of at the plant of such nonhandler, and (b) so as to return the highest class utiliza­ milk in Class n as follows: (i) Multiply allocate the milk disposed of by the han­ tion to producer milk. the actual weight of each of the several dler to such nonhandler to the highest (6) Milk or skim milk sold or disposed products of Class n milk by its average use remaining after subtracting in se­ of in fluid form by a handler who pur­ butterfat test, (ii) add together the re­ ries beginning with the highest use clas­ chases or receives milk from producers sulting amounts, and (iii) divide the re­ sification receipts of milk by such non­ to a producer-handler or to a handler sult obtained in subdivision (ii) of this handler direct from dairy farmers. who purchases or receives no milk from subparagraph by 3.8 percent. (2) Cream sold or disposed of in fluid producers shall be Class I milk. (5) Determine the total pounds of form by a handler to a plant of a non­ (7) Cream sold or disposed of as fluid milk in Class in as follows: (i) Multiply handler who distributes fluid cream shall cream by a handler who purchases or " the actual weight of each of the several be Class II unless all of the following receives milk from producers to a pro­ products of Class m milk by its average conditions are met: (i) Such nonhan­ ducer-handler or to a handler who pur­ butterfat test, (ii) add together the re­ dler’s plant is located less than 100 miles chases or receives no milk from producers sulting amounts, (iii) subtract from the from the approved plant \frhere such shall be Class n milk. total pounds of butterfat computed pur­ milk was received from producers; (ii) (d) Responsibility of handlers in es­ suant to subparagraph (2) of this para­ the market administrator is permitted to tablishing the classification of milk. In graph, the total pounds of butterfat in audit the records of such nonhandler; establishing the classification as required Class I milk, computed pursuant to sub­ (iii) the receipts of producer milk at ap­ in paragraph (b) of this section of any division (ii) of subparagraph (3) of this proved plants are greater than the total milk received by a handler from pro­ paragraph, the total pounds of butterfat sales of Class I and Class II milk from ducers, the burden rests upon the han­ in Class H milk, computed pursuant to handlers’ routes in the marketing area; dler who receives the milk from pro­ subdivision (ii) of subparagraph (4) of and (iv) such nonhandler receives milk ducers to account for the milk and to this paragraph and the total pounds of from dairy farmers who the market ad­ prove to the market administrator that butterfat computed pursuant to subdi­ ministrator determines constitutes such such milk should not be classified as vision (ii) of this subparagraph which nonhandler’s regular source of supply. Class I milk. resulting quantity shall be allowed as If all the above conditions are met the (e) The allocation of other source milk. plant shrinkage for the purposes of this market administrator shall classify such Other source milk purchased or received paragraph (but in no event shall such milk as follows: (a) Determine the use at an approved plant of a handler who plant shrinkage allowance exceed 3 per­ of all milk and all milk products received purchases or receives milk from produc­ cent of the total receipts of butterfat ex­ at the plant of such nonhandler; and (b) ers shall be allocated to Class in except cept receipts from other handlers), (iv) allocate the cream disposed of by the that other source milk may be allocated add together the results obtained in sub­ handler to such nonhandler to the high­ to Class II to the extent that Class II divisions (ii) and (iii) of this paragraph est use remaining after subtracting in milk exceeds the amount of all producer and (v) divide the result obtained in sub­ series beginning with the highest use milk classified as Class n milk, and other division (iv) of this subparagraph by classification receipts of milk by such source milk may be allocated to Class I 3.8 percent. nonhandler direct from dairy farmers. only to the extent that the total amount (6) Determine the classification of (3) Milk, skim milk or cream sold or of Class I milk of the handler exceeds the milk received from producers as follows: disposed of by a handler to a (plant of a total amount of producer milk received (i) Subtract from the total pounds of nonhandler who does not distribute fluid by such handler. milk in each class the pounds of pro­ milk or cream shall be Class IH milk. (f) Computation of milk in each class. ducer milk which were received from (4) Milk or skim milk sold or disposed For each delivery period each handler other handlers and used in such class, of in fluid form by a handler, who pur­ shall compute, in the manner and on (ii) subtract from the remaining pounds chases or receives milk from producers forms prescribed by the market admin- 4 of milk in each class the pounds of other to another handler who purchases or re­ istrator the amount of milk in each class source milk allocated to such class pur­ ceives milk from producers, shall be Class as defined in paragraph (b) of this sec­ suant to paragraph (e) of this section. I milk: Provided, That if the amount of tion, as follows: (g) Reconciliation of utilization of such milk so sold or disposed of is in (1) Determine the total pounds of milk by classes with receipts of milk from excess of the amount classified as Class milk received as follows: add together the producers. In the event of a difference I at such purchasing handler’s plant, total pounds of milk received from (i) between the total quantity of milk util­ such excess milk shall be classified in producers, (ii) own farm production, ized in the several classes as computed series beginning with the next highest (iii) other handlers, and (iv). other pursuant to subparagraph (6) of para­ class in which such purchasing handler sources. graph (f) of this section and the quan­ has use: Provided, That if either or both (2*. Determine the total pounds of tity of milk received from producers, ex­ handlers have purchased other source butterfat received as follows: (i) multi­ cept for excess milk or milk equivalent milk, such milk so sold or disposed of, ply by its average butterfat test the of butterfat pursuant to paragraph (c) shall be classified at both plants so as to weight of the milk received from (a) of section 6 such difference shall be rec­ return the highest class utilization to producers, (b) own farm production, onciled as follows: producer milk: Provided further, That (c) other handlers, /and (d) other (1) If the total utilization of milk in the provisions of this paragraph shall sources, and (ii) add together the re­ the various classes for any handler, as apply with respect to the milk of pro­ sulting amounts. computed pursuant to subparagraph (6) ducers which is caused to be diverted by (3) Determine the total pounds of of paragraph (f) of this section, is less a handler directly from the farms of pro­ milk in Class I as follows: (i) Convert than the receipts of milk from producers, ducers to a plant of a second handler for to pounds the quantity of Class I milk the market administrator shall increase not more than 5 days during the delivery on the basis of 2.15 pounds per quart, the total pounds of milk in Class m for period. (ii) multiply the result by the. average such handler by an amount equal to the (5) Cream sold or disposed of as fluid butterfat test of such milk, and (iii) if difference between the receipts of mu* the quantity of butterfat so computed from producers and the total utilization cream by a handler who purchases or of milk by classes for such handler. receives milk from producers to another when added to the pounds of butterfat in Class n milk and Class HI milk, com­ (2) If the total utilization of milk in handler who purchases or receives milk the various classes for any handler, as from producers shall be Class 33: Pro­ puted pursuant to subdivisions (ii) of subparagraph (4) and (iv) of subpara­ computed pursuant to subparagraph (t>) vided, That if the amount of such cream of paragraph (f) of this section, is great­ so sold or disposed of is in excess of the graph (5) of this paragraph, is less than the total pounds of butterfat received, er than the receipts of milk from pro­ amount classified as Class n in such pur­ ducers, the market administrator shau chasing handler’s plant such exces« computed in accordance with subpara­ graph (2) of this paragraph, an amount decrease the total pounds of milk io cream shall be classified in the next high­ such handler by subtracting in series oe- est class in which such purchasing han­ equal to the difference shall be divided Friday, April 25, 1947 FEDERAL REGISTER 2657 ginning with the lowest class use of such to the following adjustments: (1) Add to paragraph (a) of section 7, shall add handler an amount equal to the differ­ 3V2 cents per hundredweight for each an amount equal to the value of milk or ence between receipts of milk from pro­ full one-half cent that the price of dry butterfat according to its utilization by ducers and the total utilization of milk skim milk for human consumption is the handler. by classes for such handler. above 5% cents per pound or (2) sub­ (d) Milk which is caused to be diverted Sec. 5. Minimum prices—(a) Class tract 3% cents per hundredweight for by a handler directly from producers’ prices. Subject to the differentials set each full one-half cent that the price of farms to an approved plant of another forth in paragraphs (c) and (d) of this such dry skim milk is below 5‘/2 cents handler for not more than 5 days during section, each handler shall pay pro­ per pound. For purposes of determin­ any delivery period shall be considered ducers, at the time and in the manner ing this adjustment the price per pound an interhandler transfer of milk, and set forth in section 11, for milk pur­ of dry skim milk to be used shall be the shall be reported by the handler who chased or received from them not less average of thevcarlot prices for dry skim caused such milk to be diverted, as than the following prices. milk for human consumption, f. o. b. 'though the milk had first been received (1) Class I milk. The price per hun­ manufacturing plant, as published by at such handler’s plant. dredweight of Class I milk during each thé United States Department of Agri­ delivery period shall, be the price deter­ culture for the Chicago area during the S ec. 7, Determination of uniform price mined pursuant to paragraph (b> of this immediately preceding delivery period, to producer—(a) Net pool obligation of section, plus 75 cents. including in such average the quotations handlers. Subject to the provisions of (2) Class II milk. The price per hun­ published for any fractional part of the section 6, the net pool obligation of each dredweight of Class n milk during each previous delivery period which were not handler for milk received during each delivery period shall be the price deter­ publshed and available for the price delivery period shall be a sum of money mined pursuant to paragraph (b) of this determination of such dry skim milk for computed for such delivery period by the section plus 50 cents. the previous delivery period. In the market administrator as follows: (3) Class III milk. The price per event the United States Department of (1) Multiply the pounds of milk in hundredweight of Class in milk during Agriculture does not publish carlot prices each class computed pursuant to section each delivery period shall be the highest for dry skim milk for human consump­ 4 by the class prices set forth in section 5 price ascertained by the market admin­ tion, f. o. b. manufacturing plant, the and add together resulting values; istrator to have been quoted for ungraded average of the carlot prices for dry skim (2) Add, if the average butterfat con­ milk of 3.8 percent butterfat content re­ milk for human consumption, delivered tent of all milk purchased or received ceived during such delivery period by at Chicago, shall be used. In the latter from producers is more than 3.8 percent, any of the three following plants: The event such price shall be subject to the and deduct if the average butterfat con­ Jensen Creamery Company at its plant following adjustments: (1) Add 3% cents tent of all milk purchased or received at Topeka, Kansas; The Beatrice Foods per hundredweight for each full one-half from producers is less than 3.8 percent, Products Company at its plant at To­ cent that the price of dry skim milk for an amount equal to the total value of the peka, Kansas; The Meyer Sanitary Milk human consumption, delivered at Chi­ butterfat differential applicable pursu­ Company at its plant at Valley Faffs, cago, is above IV2 cents per pound or ant to paragraph (c) of section 5; Kansas. (2) Subtract 3 Y2 cents per hundred­ (3) Add an amount equal to the total (b) Basic formula price to be used in weight for each full one-half cent that values pursuant to paragraphs (b) and determining Class I and Class II prices. such price of dry skim milk is below 7% (c> of section 6; and The basic formula price to be used in cents per pound. (4) Deduct, if. the average butterfat determining the Class I and Class II (c) Butterfat differential. If the aver­content of all milk purchased or received prices, set forth in this section, per hun­ age butterfat content of milk purchased from producers is more than 3.8 percent, dredweight of milk as computed and an­ or received from producers by any han­ and add, if the average butterfat content nounced by the market administrator dler during any delivery period is more or of all milk purchased or received from on or before the 5th day of the delivery less than 3.8 percent, there shall be producers is less than 3.8 percent, the period shall be the arithmetical average added or subtracted per hundredweight total value of the butterfat differential of the prices per hundredweight reported of such milk for each one-tenth of 1 applicable pursuant to paragraph (c) of to the United States Department of Ag­ percent above or below 3.8 percent an section 8. riculture as being paid all farmers for amount equal to the Class HI price for (b) Computation and announcement milk of 3.5 percent butterfat content de­ such delivery period, divided by 38. of the uniform price. The market ad­ livered f. o. b. plant during the immedi­ Sec. 6. Application of provisions, (a) ministrator shall compute and announce ately preceding delivery period at the The provisions of sections 4, 7, 8, 9, and the uniform price per hundredweight following plants and places: 10 shall not apply to a producer-handler for milk purchased or received from pro­ Borden Co., Mt. Pleasant, Mich. or to a handler whose sole source of sup­ ducers during each delivery period in the Carnation Co., Sparta, Mich. ply is from other handlers. following manner: Pet Milk Co., Hudson, Mich."

market administrator for market infor­ vision multiple ownership rules). On [47 CFR, Ch. I] mation to, and for the verification of the contrary, the Commission will con- weights, sampling, and testing of milk tinue to decide each such case on its own received from said producers. F req u en c ies F or I n d u st r ia l , S c ie n t if ic , merits, considering all pertinent factors. M edical S ervice (b) Producers’ cooperative associa­ In each case the Commission will con­ tions. In the case of producers for whom sider (1) the extent of overlap of serv­ n o tic e o f proposed allocations a cooperative association, which the ice areas, (2) the degree of common Secretlry determines to be qualified un­ ownership, operation and control, and A pr il 14, 1947. der the provisions of the act of Congress (3) all other pertinent factors, including The Commission previously has made of February 18,1922, as amended, known location of centers of population, dis­ as the “Capper-Volstead Act,” is actu­ tribution of population, other competi­ available the frequencies 13.66, 27.32, ally performing the services set forth in tive service to the overlap areas and 40.98 and 2450 Me for the industrial, sci­ paragraph (a) of this section, each han­ populations, location of trade areas, entific, medical service.1 The Commis­ dler shall make the deductions from the metropolitan districts, and political sion has received testimony and informa­ payments to be made pursuant to para­ boundaries, areas and populations to tion from representatives of this service graph (a) of section 8, which are au­ which services of stations are directed substantiating a need for additional fre­ thorized by such producers, and, on or (as indicated by commercial business of before the 12th day after the end of each stations, news broadcasts, sources of quencies at approximately 3, 6, 500,1000, delivery period, pay over such deduc­ programs and talent, nature of pro­ 5000, 10000, and 15000 Me. To satisfy tions to the market administrator for grams, coverage claims, and listening this requirement, the Commission pro­ the account of the association of which audience), and location of main and poses to allocate the frequencies listed such producers are members. secondary studios. in the left column below to the industrial, S ec. 10. Expense of administration— scientific, medical service. Opposite each (a) Payments by handlers. As his pro­ [seal] F ederal Communications rata share of the expense of the admin­ C o m m issio n , frequency is shown the corresponding istration hereof, each handler who pur­ T . J. S l o w ie , modification in the table of U. S. serv­ Secretary. chased or received milk from producers, ice-allocations which also would be made with respect to all milk received from [F. R. Doc. 47-3935; Filed, Apr. 24, 1947; If this proposal is adopted: producers during the delivery period, 8:46 a. m.j shall pay to the market administrator, on or before the 12th day after the end Fre­ of such delivery period, 2 cents per hun­ 147 CFR, Ch. I] quen­ dredweight or such lesser amount as the cy, Band, Me Ui S. service-allocation Secretary may from time to time pre­ I Docket No. 6651*] Me scribe. F requencies for Various Classes of 915 470-890 Broadcasting Copies of this notice of hearing may Non-G overnmental S ervices i n the 470-475 Me: be procured from Mr. M. M. Morehouse, R adio S pectrum F rom 10 K ilocycles Facsimile. 475-500 Me: Market Administrator, 510 Porter Build­ to 30,000,000 K ilocycles (a) Facsimile.i ing, 406 W. 34th Street, Kansas City 2, (b) Developmental broad­ Missouri, or from the Hearing Clerk, notice of proposed rule making casting. (c) Television-8 United States Department of Agricul­ April 14, 1947. 500-890 Me: ture, Room 0306, South Building, Wash­ 1. Notice is hereby given of further Television breaedasting.3 (4) • (a) Broadcasting.3 ington 25, D. C., or may be there in­ proceedings in the above-entitled mat­ 890-940 1 (b) Fixed* spected. ter involving changes in existing fre­ Fixed: 7940-960 940-952 Me: [ seal] E . A . M eyer, quency service-allocations. FM studio-to-transmitter Assistant Administrator. 2. The proposed changes are designed links.* 952-960 Me: April 22,1947. to revise the existing frequency service- Fixed circuits except com­ [P. R. Doc. 47-3933; PUed, Apr. 24, 1947; allocations to make available for the use mon carrier and television STL.* 8:58 a. m.) of medical diathermy and industrial heating equipment certain additional radio frequency bands. The proposed 1 Assignments to this service may be made in any area FEDERAL COMMUNICATIONS changes are set forth in Federal Register from 475 Me progressing upward whenever the band 470- Document 47-3937, infra. 475 Me is utilized fully m that area. COMMISSION 1 Assignments to this service may be made in any area 3..These proposed changes are issued whenever the band 500-890 Me is 'utilized fully m that 147 CFR, Ch. I] under the authority of sections 303 (c) area. and 303 (r) of the Communications Act 4Frequencies far experimental television stations may be made available in any area until they are required in Co m m issio n’s S tatem ent o n M ultiple of 1934, as amended. that area for television broadcasting. O w n e r s h ip R u l es 4. Any interested person who is of the * The frequency 915 Me is designated for the operation of industrial, scientific and medical devices. All emis­ NOTICE OF PROPOSED RULE MAKING opinion that the proposed changes sions must be confined to the band 890-940 Me. April 11, 1947. should not be adopted in the form set * This service recognizes that interference to its opera­ forth may file with the Commission on tions within this band may result from the emissions on The Commission today announced its the frequency 915 Me of industrial, scientific and medical or before April 30. 1947 fifteen copies of devices. Separations between assigned frequencies will action on certain applications involving a written statement or brief setting forth be 100 kc and exact multiples thereof, and assignments 8§ 3.240 and 3.640 of the rules and regu­ win be made, in any area, progressively upward from lations (FM and Television multiple his comments. The Commission will 890 Me. consider these written comments before * This service recognizes that interference to its opera­ ownership rules). The Commission’s tion® within this band may result from the emissions on action followed the oral argument held taking ihy final action regarding the the frequency 916 Me of industrial, scientific and medical proposed rules; and, if comments are devices. Separations between assigned frequencies, will on February 24, 1947 “In the matter of submitted which request or appear to be 100 kc and exact multiples thereof, and assignments the Rules and Regulations Concerning will be made, in any area, progressively downward from warrant the holding of an oral argument, 940 Me. Assignments to FM studio-to-transmitter Multiple Ownership of Broadcast Sta­ notice of the time and place of such oral links may be made in any area in this band where insuffi­ tions” (Docket No. 8050) (12 F. R. 1111). cient space in that areals available in the band 940-952 argument will be given all interested Me. The Commission also announced that, parties. 7 Separations between assigned frequencies will be K)0 as a result of the oral argument and its kc and exact multiplies thereof. Approved: April 10, 1947/ »Assignments in any area will be made progressively consideration of the matter, it had de­ upward from 940 Me. termined that the public interest would [seal] F ederal Communications * Assignments in any area will be made progressively downward from 960 Me. not be served by adoption of an iron­ C ommission, clad rule defining the extent of overlap T . J . S l o w ie , of service areas or the degree of com­ Secretary. 1 Industrial, scientific, medical service: A mon ownership, operation of control that would be deemed to be in contra­ [F. R. Doc. 47-3936; Filed, Apr. 24, 1047; sendee other than a radiocommunication 8:46 a. m.] service, for industrial, scientific, or medical vention of §§ 3.35, 3.240 and 3.640 of the uses, which results In the transmission of rules and regulations (AM, FM and Tele­ 1 12 F. R. 2135. energy by radio. 2660 PROPOSED RULE MAKING which require frequencies below 13.66 Fre- Fre­ Me. quency, Band, Mo U. S. service-allocation quency, Band, Me Ü. S. service-allocation These actions of the Commission, if Me Me and when fully implemented, following any oral argument which may be held, 5850 « 5650-5925 Amateur.« 18000 »16000-21000 (a) Fixed.« 5925-7125 Non-Government; fixed and (b) Mobile.« and the International Telecommunica­ mobile. 16000-18000 M e—Non- tions Conference, will restilt in a com­ 7125-8500 Government; fixed and mobile. Go vemment. 18000-21000 Me—Govern­ plete family of frequencies for the indus­ ment. trial, scientific, medical service as fol­ » The frequency 6850 Me is designated for the opera­ tion of industrial, scientific and medical devices. All lows: emissions must be confined to the band 5775-5925 Me. ■» The frequency 18000 Me is designated for the opera­ 6 Mc±2.5 kff (specific frequency to be 11 This service recognizes that interference to its opera­ tion of industrial, scientific and medical devices. All tions on frequencies within 75 Me of 5850 Me may result emissions must be confined to the band 17850-18150 Me. announced later) from emissions on the frequency. 5850 Me of industrial, is This service recognizes that interference to its opera­ 13.66 M c±7.5kc scientific and medical devices. '* tions on frequencies within 150 Me of 18000 Me may result 27.32 Me ±160 kc from emissions on the frequency 18000 Me of industrial, scientific and medical devices. 40.98 Me ± 20 kc Fre- 915 Me ±25 Me quency, Band, Me U. S. service-allocation In addition, the Commission expects 2450 Me ±50 Me Me to assign a specific frequency in the vi­ 5850 Me ± 7 5 Me cinity of 6 Me for use by the industrial, 10600 Me ±100 Me 10600 « 10500-10700 Industrial, scientific, medical.« 18000 Me ±150 Me 10700-13200 Non-Government; fixed and scientific, medical service subsequent to mobile. the forthcoming Radio Administration [ seal] F ederal Communications 13200-16000 Government; fixed and mobile. Conference of the International Tele­ C o m m issio n , communications Union. This frequency T . J . S lo w ie , 11 The frequency 10600 Me is designated for the opera­ Secretary. tion of industrial, scientific and medical devices. All would be intended to accommodate all emissions must be confined to the band 10500-10700 Me. radiating devices used in this service [F. R. Doc. 47-3937; Filed, Apr. 24, 1947; «Sharing by communications services to be deter­ 8:46 a. m.] mined at a later date. which canjiot be adequately shielded and

NOTICES

April 1, 1947¡ Approval No. B-384, 16" x DEPARTMENT OF THE INTERIOR TREASURY DEPARTMENT 25" x 2" rectangular kapok buoyant United States Coast Guard cushion, 36 oz. kapok, Dwg. .No. 4017, '■ * Bureau of Reclamation dated April 1, 1947; Approval No. B-385, [No. 2] [CGFR 47-22] 15" x 26" x 2" rectangular kapok buoy­ A pproval o p E q u ipm en t ant cushion, 35 oz. kapok, Dwg. No. 4017, D esc h u t es I rrigation P roject, N orth dated April 1, 1947; for use on motor- U n it , O regon By virtue of the authority vested in me boats of Classes A, 1, and 2 not carrying by R. S. 4405,4417a, 4426,4491, as amend­ announcement of annual water rental passengers for hire; manufactured by CHARGES ed, 49 Stat>1544, 54 Stat. 163-167, 1028, Trojan Marine Manufacturing Co., Inc., sec. 5 (e), 55 Stat. 244 (46 U. S. C. 367, 273-81 State Street, Brooklyn 2, N. Y. A pril 4, 1947. 375, 391a, 404, 463a, 489, 526-526t, 50 Approval No. B-386, 14" x 18" x 2" 1. I have determined that it is not U. S. C. 1275), and sec. 101, Reorganiza­ rectangular buoyant cushion, 20 oz. ka­ possible, because construction work is tion Plan No. 3 of 1946 (11 P. R. 7875), pok, The American Pad and Textile Co. not sufficiently advanced, to promulgate the following approvals are prescribed Dwg. No. B-66, dated February 23, 1946, during the year 1947 any of the notices effective upon the date of publication of for use on motorboats of Classes A, 1 and of construction charges contemplated in this document in the F ederal R egister: 2 not carrying passengers for hire, sub­ article 16 of the contract between the buo y an t c u sh io n s for motorboats mitted by Affiliated Retailers, Inc., 350 United States and the Jefferson Water Approval No. A-332, standard kapok Fifth Ave., New York, N. Y., and manu­ Conservancy District of January 4, 1938, buoyant cushion, for use on motorboats factured by The American Pad and Tex­ as amended by the contract of Septem­ tile Co., Greenfield, Ohio. ber 5, 1945. of Classes A, 1, and 2 not carrying pas­ 2. Water rental. Pursuant to article sengers for hire, submitted by Affiliated GAS MASKS Retailers, Inc., 350 Fifth Ave., New York, 34 of the contract of January 4, 1938, N. Y., manufactured by The American Bullard “Multi-Gas” universal gas irrigation water will be furnished, when Pad and Textile Co., Greenfield, Ohio. mask, Dwg. No. 72-1, dated February 9, available, upon a rental basis during the Approval No. R-379, 11%" x 15" x 1947^ Bureau of Mines Approval No. irrigation season of 1947 to the irrigable 20%" x 21" x 2" trapezoidal kapok 1439, consisting of BM-1439 canister, lands generally described below and buoyant cushion, 26 oz. kapok, Dwg. No. BM-1432 timer, BM-1439 harness, and shown on maps available upon request NSC-1, dated April 8, 1947, for use on BM-1419 facepiece, manufactured by to the Construction Engineer, Bend, motorboats of Classes A, 1, and 2 not E. D. Bullard Company, 275 Eighth Oregon: carrying passengers for hire, manufac­ Street, San Francisco 3, Calif. (a) To lands which can be served by tured by Benton Harbor Awning and Bullard “Smoke-Eater” universal gas turnouts from the main canal, laterals, Tent Co., 136 Territorial Road, Benton mask, Dwg. No. 72-1, dated February 9, or sublaterals up to mile 43.9 of the Harbor, Mich. . / 1947, Bureau of Mines Approval No. 1440, main canal, which is the location of the Approval No. B-380,14" x 18" x 2" rec­ consisting of BM-1440 canister, BM-1432 turnout to lateral M-43, for which area tangular kapok buoyant cushion, 23 oz. timer, BM-1439 harness, and BM-1419 construction of the canals and laterals kapok, Dwg. No. 4016, dated March 30, facepiece, manufactured by E. D. Bullard has been completed. 1947; Approval No. B-381,16" x 18" x 2" Company, 275 Eighth Street, San Fran­ (b) Where the progress of construc­ rectangular kapok buoyant cushion, 26 cisco 3, Calif. tion will permit, to lands which can be oz. kapok, Dwg. No. 4016, dated March 30, Dated: April 21, 1947. served by turnouts from the main canal, 1947; Approval No. B-382,15" x 30" x 2" laterals, or sublaterals beyond mile 43.9 rectangular kapok buoyant cushion, 40 [ seal] J. F. F arley, qf the main canal, for which area con­ oz. kapok, Dwg. No. 4016, dated March Admiral, U. S. Coast Guard, struction of canals and laterals may be 30, 1947; Approval No. B-383, 14" x 25" Commandant. completed for delivery of irrigation water x 2" rectangular kapok buoyant cushion, [F. R. Doc. 47-3950; Filed, Apr. 84, 1947} during a part of the irrigation season 3iy2 oz. kapok, Dwg. No. 4017, dated 8:49 a. m.] of 1947. Friday, April 25, 1947 FEDERAL REGISTER 2661

3. Charges and terms of payment. [No. 2] T. 3 N., R. 21 W., The minimum water rental charge shall Secs. 1 and 2; be $2.00 per irrigable acre for each irri­ Lugert-Altus I rrigation P roject, Sec. 3, N% and SE>4; Oklahoma Sec. 10, N1/4NEÍ4; gable acre of the 40-acre legal sub­ Sec. 11; division for which water service is re­ announcement of annual w ater rental Sec. 13, w y 2; quested, payment of which will entitle CHARGES Sec. 14; the water user to \ xh acre-feet of water April 9, 1947. Sec. 15, SW 1/*, sy2NWi4, and NWy4NWy4; Sec. 16, E%; per irrigable acre, except that where 1. I have determined that it is not Sec. 21, E%; a farm contains less than a 40-acre legal possible, because construction work is Sec. 22; subdivision the minimum charge shall not sufficiently advanced, to promulgate Sac. 23, N»¿ and SW ^; be based on the irrigable area in the en­ during the year 1947 any of the notices Sec. 26, NE^ and NW%; tire farm; however, for lands described Sec. 27, NW»4; of construction charges contemplated in Sec. 28, E^NE^. in paragraph 2 (b) above for which article 7 of the contract between the T. 4 N„ R. 20 W., water may be first available in 1947 the United States and the Lugert-Altus Irri­ Sec. 18, NEÍ4 and SW%; minimum charge shall be paid for each gation District dated January 12,1942. Secs. 19, 30, and 31. irrigable acre of land for which water T. 4 N„ R. 21 W., 2. Water rental. Pursuant to article 9 Sec. 11; service is requested. Additional water, of the contract of January 12, 1942, ir­ Sec. 15, SW^4; • if available, will be furnished during the rigation water will be furnished, when Sec. 16, BEY*-, irrigation season at the rate of $1.50 available, upon a rental basis under ap­ Sec. 17, NWV4; per acre-foot, but not to exceed a total proved applications for temporary water Sec. 18, E% and E& NW ft; of 2 Mi acre-feet of water will be fur­ Secs. 20, 21, and 22; service during the irrigation season of Sec. 24, SE>4 and SM-NE^i; nished for each acre for which water 1947, where the progress of construction Sec. 25, S%SE*4; service is requested. All charges shall will permit, to the irrigable lands in the Sec. 27, W% and SE1^; be payable by the District to the United Lugert-Altus Irrigation District de­ Sec. 28, SE14 and NW>/4 ; States in advance of the delivery of scribed below: Sec. 29, Ny2; water. Sec. 33, Ey2; Water to be furnished beginning about Secs. 34, 35, and 36. 4. Water will be delivered and meas­ May 1, 1947. Generally described as the ured by Government forces at the turn­ area served from thé Altus Canal and 3. Charges and terms of payment. The out or weir nearest to the individual Altus Laterals 2.3 to 11.1, inclusive, and water rental charge shall be $4.00 per farm, topographic conditions considered. City Pipeline and City Laterals, compris­ acre-foot for each acre-foot of water requested. No application for the ini­ 5. The District will request water de­ ing such lands as are irrigable within tial delivery of less than five acre-feet livery for, and certify to the United the tracts of land described as follows: of water for each ownership will be re­ States as entitled to receive water, only I n d ia n M eridian ceived by the District. All charges shall such lands as are owned or held under T. 2 N., R. 20 W. be payable by the District to the United contract of purchase by persons duly Sec. 5, SWft; States in advance of the delivery of qualified to receive water under the Secs. 6 and 7; water. terms of the Reclamation Act of June 17, Sec. 8, NWy4) NWÎ4SWÎ4, and NEÎ4. 4. Water will be delivered and meas­ 1902 (32 Stat. 388), and acts of Congress T. 2 N., R. 21 W., ured by Government forces at the near­ amendatory thereof or supplementary Secs. 1 and 2; est available measuring device to the Sec. 12, E Yt and NWÎ4; individual farm. thereto, and who have duly complied Sec. 13, S% and N E ^ ; with the requirements of the contract Sec. 14, NWV4 and SEM; 5. The District will request water de­ of January 4,1938, as amended, between Sec. 23, EM2; livery for, and certify to the United the United States and the District, in­ Sec. 24; States as entitled to receive water, only Sec. 25, lying west of S. L.-S. F. Ry.; such lands as are owned or are held un­ cluding: Sec. 26; der contract of purchase by persons duly (a) The execution and delivery of the Sec. 35, NE»4 lying west of S. L.-S. F. Ry. qualified to receive water under the terms recordable contract as provided for in T. 3 N„ R. 20 W., of the Reclamation Act of June 17, 1902 article 31 of said contract; Sec. 5; (32 Stat. 388), and acts of Congress sup­ Sec. 6, SE14 , S’/2NE^, and SW^; (b) The execution and delivery of an Sec. 7, N%; plementary thereto or amendatory application and affidavit for water serv­ Sec. 8, Ny2; thereof, and who have duly complied ice, as provided for in article 31 of said Sec. 19, s y 2; with the requirements of the contract contract; and Sec. SO, and NE^; of January 12, 1942, between the United (c) The execution and delivery of a Sec. 31, Ey2 and Ny2NW^4. States and the District, including: T. 3 N., R. 21 W., (a) The execution and delivery of the valid recordable contract, in the case of Sec. 12; valid recordable contract, in the casa of ownership of excess land, as provided for Sec. 13, E»/2; ownership of excess land, as provided in article 32 of said contract. Sec. 23, SEÎ4; Sec. 24, Sy2; for in articles 27 and 29 (b) of said con­ The recordable contracts under (a) and Sec. 25, N14; tract. (c) hereof may be combined into one Sec. 26, S% and NE^; 6. Individual applications for water contract. Sec. 35, Ey2 and SW y4; on forms approved by the United States Sec. 36. and the payments required by this an­ 6. Applications for water on the basis T, 4 N., R. 20 W., nouncement will be received at the office of this announcement will be received at Sec. 8, W%; of the Secretary of the Lugert-Altus Ir­ the office of the Secretary of the Jefferson Sec. 17, WMtî rigation District, Altus, Oklahoma. Re­ Water Conservancy District at Madras, Sec. 20, W&; quests by the District for water for such Oregon, and payments will be made to Secs. 29 and 32. lands as are entitled to receive water and that office in advance of the delivery of Water to be furnished beginning about payments by the District to the United water. July 1, 1947. Generally described as the States will be received at the dfflce of the Bureau of Reclamation, Altus, Oklahoma. (Act of June 17, 1902, 32 Stat. 388, as area served from the West Canal, West amended or supplemented) Canal Laterals and Blair Lateral, com­ (Act of June 17, 1902, 32 Stat. 388, as prising such lands as are irrigable within amended or supplemented) Michael W. S traus, the tracts of land described as follows: W illiam E. W arne, Commissioner. I ndian Meridian Assistant Commissioner. [P. R. Doc. 47-3904; Filed, Apr. 24, 1947; T. 3 N„ R. 20 W., [F. R. D qc. 47-3905; Filed, Apr. 24, 1947; 8:48 a. m.] Sec. 6, NW14 and N^NE^. 8:48 a. m.] 2662 NOTICES

[Public Notice 25] orphan child or children. The com­ sponsible technical work in agriculture mencement of the United States’ partici­ which, in the opinion of the examining O w y h e e P ro ject, O w y h e e and G e m pation in World War II shall be deemed, board, may contribute toward knowledge I rrigation D istricts—O regon-I daho for purposes of this notice, to be De­ of the successful operation of a farm may PUBLIC NOTICE OPENING PUBLIC LAND TO cember 8,1941. be credited as one year of farm experi­ ENTRY AND ANNOUNCING AVAILABILITY OF (b) Definition of honorable discharge. ence. No more than one year’s experi­ An honorable discharge, within the ence may be credited from such courses. WATER __ meaning of the act of September 27, No advantage will accrue from farming A pril 8, 1947. 1944, shall mean: experience on irrigated land. Applicants 1. Public land for which water is avail­ (1) Separation from the service by must furnish three written statements able and for which entry may be made. means of an honorable discharge or a signed by a Vocational Agriculture In pursuance of the act of June 17, 1902 discharge under honorable conditions. teacher, county agent, County Farmers (32 Stat. 388) and acts amendatory (2) Transfer from active duty to a re­ Home Administration supervisor, Pro­ thereof or supplementary thereto, it is serve or retired status. duction and Marketing Administration hereby announced that water will be (3) End of the period of war service chairman, an officer of any local farm furnished in the irrigation season of 1947 by feason of the termination of the war, organization or other comparable per- and thereafter until further notice, and even though the person remains in the sons"who have personal knowledge of the beginning on June 2, 1947, entry may be service of the armed forces of the United applicant’s farm experience or have veri­ made in accordance with this notice for States. fied it to their satisfaction. Women ap­ the following described public lands in (c) Submission of proofs of veteran plicants should describe fully the farm the Owyhee Project, in Oregon and status. An applicant who claims a pref­ activities in which they have participated Idaho, as shown on farm unit plats of: erence right on account of service in the and the relation of agricultural courses armed forces of the United States must they have taken to farm operation and Succor Creek D ivision, Owyhee P roject, Willamette M eridian, Oreo. attach to the application a photostatic management. copy of both sides of his or her discharge (d) Capital. Each applicant must Township SI South, Range 46 East papers, a certified copy of his or her re­ possess at least $3,000 in operating cap­ corded discharge papers, or an affidavit ital or equivalent property, such as live­ Total Order of which states the applicant’s time of serv­ stock and farm machinery, or adequate Farm Description irri­ unit in Section unit gable ice, the unit of which he or she was a credit. Credit must be evidenced by a drawing acres member, the date of honorable discharge certified statement from the credit and the fact that he or she did not re­ source, indicating the amount to be 1 34 O WHNWK____ 41 fuse to wear the uniform of such service loaned and the terms of the loan. Credit or to perform the duties thereof. will be regarded as adequate if the terms Township SS South, Range 46 East 3. Qualifications required by the recla­of repayment, in the opinion of "the mation laws. Pursuant to the provisions board, will not interfere with the devel­ 2 27 B ...... 51 of subsection 4C of the act of December opment of a farm unit. 5, 1924 (43 Stat. 702, 43 U. S. C. 433), the In addition, in order to be qualified B oise M eridian, I daho following are established as minimum for entry on project lands, applicants Township 4 North, Range 6 West qualifications, which, in the opinion of must not own or hold within any Federal the local examining board, are necessary Reclamation Project irrigable land for 19 A NHSEJÍ-_____ 46 to insure the success of an entryman or which construction charges payable to 3 entrywoman on a reclamation farm unit. the United States have not been fully Applicants must meet these qualifica­ paid. Proofs of conformity with this re­ The farm unit plats referred to above tions as determined by the examining quirement need not be furnished, but a were approved on the date of this notice board, in order to be considered for entry, check of project land ownership will be and are on file in the office of the Project and failure to meet them in all respects made to determine eligibility of appli­ Superintendent, Bureau of Reclamation, will be sufficient cause for rejection of cants before awards of farm units are Vale, Oregon; the Irrigation Manager, an application. No credit will be given made. Bureau of Reclamation, Nyssa, Oregon; for qualifications in excess of the mini­ 4. Qualifications required by home­ the District Office, Bureau of Reclama­ mum required. stead laws. The homestead laws require tion, 214 Broadway, Boise, Idaho, and in (a) Character and industry. Each that an entryman or entrywoman: the Land Office at The Dalles, Oregon, applicant must be possessed of honesty, (a) Must be a citizen of the United or the Land Office at Blackfoot, Idaho, temperate habits, thrift, industry, seri­ States or have declared an intention to where they may be examined by any per­ ousness of purpose, record of good moral become a citizen of the United States. son desiring to make application here­ conduct and a bona fide intent to en­ (b) Entrywomen who are married under. gage in farming as an occupation. Per­ must be heads of families. (Except vet­ 2. Preference rights to honorably dis­ sons named as references in paragraph erans of World War II, all entrymen charged veterans of World War II—(a) 17 of the Farm Application blank should must be 21 years of age or the head of Nature of preference. Pursuant to the be responsible individuals (not relatives) a family, and entrywomen must be 21 provisions of the act of Congress of Sep­ who are personally acquainted with the years of age and the head of a family. tember 27, 1944 (58 Stat. 747), as applicant and are willing and able to The act of June 25,1946, removes the age amended June 25, 1946 (Pub. Law No. disclose full information relative to the ^.requirement for both men and women 440, 79th Cong.), for a period of 90 days applicant’s qualifications for entry on a who are veterans, but does not affect the from the opening of these lands to entry reclamation farm unit. homestead requirement that entry- or until September 2, 1947, the lands (b) Health. Each applicant must be women who are married must be the described in paragraph 1 Shove will be in such physical condition as will enable heads of families.) Proofs of such status open to entry only by persons who have him or her to engage in normal farm must be submitted with the applications served or may serve not less than 90 days labor. Any person who is physically of married women. in the Army, Navy, Marine Corps or Coast handicapped or afflicted with any condi­ (c) Must not own more than 160 acres Guard of the United States in World tion which makes such ability question­ of land in the United States (with cer­ War II, and are honorably separated or able should attach to his or her applica­ tain exceptions). discharged therefrom: Provided, how­ tion the detailed statement of an exam­ (d) Must not have exhausted the right ever, That they must be qualified to make ining physician which defines the limita­ to make homestead entry on public land entry under the homestead laws and also tion upon such ability and its causes. ' by prior exercise of this right. Complete possess the qualifications as to industry, (c) Farm experience. Each applicant information concerning qualifications experience, character, capital and physi­ must have had at least two years’ full­ for homesteading may be obtained from cal fitness required of all applicants time farm experience acquired after the the District Land Office at The Dalles, under this notice. This right extends to age of 15 years. Two years of study in Orfegon, and at Blackfoot, Idaho, o r the the widow of a veteran of World War II, agricultural courses in an accredited Bureau of Land Management, Washing­ and to the guardian of his or her minor agricultural college or two years of re­ ton 25, D. C, Friday, A pril 25, 1947 FEDERAL REGISTER 2663 5. When and how to apply for a farm a prima facie case; that is, an examina­ have been considered, consideration will unit—(a) Application blanks. Any per­ tion of the application discloses that the be given to applications of other eligible son desiring to acquire any of the public applicant is unqualified in respect to the veterans, in the order filed, as indicated land farm units described in this notice requirements prescribed heiein, the ap­ in paragraph 5 (c) above. Farm units must fill out th^ attached Farm Applica­ plication shall be rejected and the appli­ not awarded before September 2, 1947, tion blank. Additional application cant notified by the board of examiners will be open to entry to qualified appli­ blanks may be obtained from the Owyhee of such rejection by registered mail, with cants without regard to veterans’ pref­ Project Office, Nyssa, Oregon; the Vale return receipt requested, and of the right erence, in accordance with the procedure Project Office, Vale, Oregon; the Re­ to appeal in writing to the Regional Di­ established by this public notice. gional Director, Bureau of Reclamation, rector within ten (10) days from receipt (e) Notification to applicants. Im­ P. O. Box 937, Boise, Idaho, or the Com­ of such notification. All appeals shall mediately after the selection of the three missioner of Reclamation, Department be filed within ten (10) days of the re­ successful applicants, the board shall no­ of the Interior, Washington 25, D. C. ceipt of such notice with the Project tify each of the other applicants, by reg-> Full and frank answers must be made to Superintendent, Bureau of Reclamation, istered mail with return receipt re­ each question on the Farm Application Vale, Oregon, who will forward them to quested, of his or her standing as an blank, except that preference of farm the Regional Director. If an appeal is alternate or otherwise and of the cir­ units should not be listed. decided by the Regional Director in favor cumstances under which the applications (b) Filing of application and proofs. of the applicant, the application will be must be rejected. An application for a farm unit listed in referred to the board of examiners for 7. Notification of selection of applicants this notice, together with proofs of vet­ inclusion in the drawing. All decisions and acceptance of farm units. After the eran status and farm experience and on appeals will be based exclusively on completion of the selection process and married women’s proofs of their status information obtained prior to rejection the determination of all appeals, the as the heads of families, must be filed of the application. Board shall notify each of the three se­ with the Project Superintendent, Bureau (2) Selection of applicants. After the lected applicants, by registered mail of Reclamation, Vale, Oregon, either in expiration of the appeal period fixed by with return receipt requested, that he.or person or by mail. No advantage will the above-mentioned notices and after she has been awarded a farm unit. With accrue to an applicant who presents his the Regional Director has decided such such notice the board shall enclose a or her application in person. appeals, the board shall select the suc­ form for formal acceptance of the farm (c) Priority of applications. All appli­ cessful applicants in the following man­ unit awarded. This form must be exe­ cations received prior to 2:00 p. m., June ner: From the names of all qualified ap­ cuted by the applicant and returned to 2, 1947, will be held and treated as filed plicants in the group whose applications the office of the Project Superintendent, simultaneously, except that applications were considered as filed simultaneously, Bureau of Reclamation, Vale, Oregon, of persons who do not establish their the board shall draw nine (9) names or within ten (10) days from receipt of the eligibility for veterans’ preference, as three times as many as the number of said notice. Upon receipt by the Project outlined in paragraph 2 of this notice, farm units available. These applicants Superintendent of the acceptance exe­ will be set aside and will not be consid­ will be closely investigated, in the order cuted by the applicant and the payment ered until September 2, 1947. Applica­ in which selected, and any falsehood or of the construction charge instalments tions received after 2:00 p. m., June 2, misrepresentation shall be ground for as required in paragraph 9 (a) of this 1947, from persons eligible to receive disqualification. The examining board public notice before the expiration of the veterans’ preference will be considered may, in its discretion, request any appli­ said 10-day period, the Secretary of the in the order filed if there are any farm cant to appear for a personal interview. board shall furnish each such applicant units still available. If any farm units Should any applicant so requested fail by registered mail, unless delivery is are still available on September 2, 1947, to appear for examination, his or her made in person, a certificate, stating all applications from persons not eligible application will receive no further con­ that his or her qualifications to enter to receive veterans’ preference which sideration at that time. Should such public lands, as required by subsection have been received up to that time will applicant appear later, his or her appli­ 4C of the act of December 5, 1924, have be considered as filed simultaneously in cation may be placed at the bottom of been passed upon and approved by the the awarding of any remaining farm the list of the nine (9) applicants whose board. Such certificate, a copy of which units. names were drawn by the board. will be forwarded by the secretary of the 6. Selection of qualified applicants— (3) Disqualification and appeals. The board to the Land Office at The Dalles, (a) Examining board. An Examining board shall notify applicants from Oregon, or the Land Office at Blackfoot, Board of three members, including the among the group of nine (9) who are dis­ Idaho, immediately upon its issuance, Superintendent of the Vale Project, who qualified as a result of the investigations must be attached by the applicant to will act as secretary of the board, has of the board of such disqualification and his or her homestead application when been approved by the Commissioner of the reasons therefor, and of the right of such application is filed at the Land Of­ Reclamation to consider the fitness of appeal to' the Regional Director within fice at The Dalles, Oregon, or the Land each applicant to undertake the develop­ ten (10) days from receipt of such notice, Office at Blackfoot, Idaho. Such home­ ment and operation of a farm on the by registered mail with return receipt stead application must be made within Owyhee Project. Careful investigations requested twenty (20) days from the date of re­ will be made to verify the statements and (d) Award of farm units. After the ceipt by the applicant of said certificate. representations made by applicants in expiration of the appeal period and Failure to make application for home­ order to determine their qualifications as after the Regional Director has decided stead entry within the period specified prescribed in paragraph 3 above. Any the appeals from the action of the herein will render the application sub­ falsification or misrepresentation made board, the board shall award farm units ject to rejection. or discovered at any time will cause an in the order listed in this public notice 8. Warning against unlawful settle­ application to be rejected. to the first three qualified applicants ment. No person shall be permitted to (b) Basis of examination. The eligi­ who have been selected in the order gain or exercise any right under any set­ bility for the award of a reclamation drawn, without regard to preference as tlement or occupation of any of the public farm unit under subsection 4C of the to units. Other applicants will retain lands covered by this notice except under act of December 5, 1924, will be deter­ their places in the order drawn and will the terms and conditions prescribed by mined by the examining board. Appli­ be awarded such farm units as may be­ this notice: Provided, however, That this cants will be judged on the basis of come available in the event any of the shall not affect any valid existing right character, industry, farming experience original applicants to whom the units obtained by settlement or entry while the and capital. No applicant will be con­ were awarded fail to complete their en­ land was subject thereto. sidered eligible who does not qualify in tries. An alternate will become ineligible 9. Irrigation charges—(a) Construc­ all respects, or who does not, in the for further consideration after having tion. The total construction charges opinion of the board, possess the health been offered right of entry to a single payable to the United States for the and vigor to engage in farm work. farm unit. In the event that there are entire Owyhee Project are presently esti­ (c) Procedure—(1) Preliminary ex­ farm units to be awarded after all ap­ mated to be $18,825,000. Hie average amination. If an applicant fails to make plications that were filed simultaneously estimated construction charge per irriga- 2664 NOTICES ble acre is $186. Under existing contrac­ collect the necessary funds for that pur­ ing in of farm irrigation and surface tual arrangements with the Owyhee and pose from the landowners and entrymen drainage systems beyond the farm turn­ Gem Irrigation Districts, the construc­ of the district by the levy of-assessments out. tion charges payable to the United States or the collection of toll charges. The 15. Effect of relinquishment. In the on the irrigable lands in the districts first two semi-annual construction event that any entry of public land shall during the years 1946,1947,1948 and 1949 charge installments paid by the appli­ be relinquished prior to 2:00.p. m., Sep­ will be $2.00 per irrigable acre per year, cants will be credited in the same man­ tember 2,1947, the lands so relinquished payable in two semi-annual instalments ner as if paid at the regular time for pay* shall be subject to entry in accordance beginning on December 31, 1946, and ment. Each applicant for entry, in order with the procedure described in para­ July 1,1947. The remainder of the con­ to receive water, will also be required to graph 6 of this notice. In the event that struction charges will be payable in ac­ execute and deliver a recordable con­ any entry of public land shall be relin­ cordance with the contract arrangements tract as required under article 41 of the quished subsequent to 2:00 p. m., Sep­ with the districts. The applicants to said contracts of October 14,1926. (The tember 2, 1947, and at any time prior whom the farm units are awarded must recordable contract is designed to prevent to actual proving up of the land through pay the semi-annual construction charge land speculation based upon increased necessary residence, cultivation and instalments otherwise due on December value of the land resulting from irriga­ other homestead requirements, the lands 31, 1946, and July 1, 1947, to the Project tion. It provides that in case of the sale so relinquished shall not be subject to Superintendent prior to issuance of the of project land by an entryman or land- entry for a period of 60 days after the certificate of eligibility by the Secretary owner, a portion of the sale price over filing and notation of the relinquishment of the examining board. When entries and above the appraised value, as set in the local land office. During the 10- have been completed, the Project Super­ by a board, without increment on ac­ day period next succeeding the expira­ intendent will pay to the Owyhee and count of the construction of the irriga­ tion of such 60-day period, any person Gem Irrigation Districts the construction tion project works, shall be applied on having the necessary qualifications may charge instalments received from the ap­ the construction charge against the file application for said public land. If, plicants. In the event that an applicant land which is being sold.) Each appli­ on the tenth day of said 10-day period, fails to complete homestead entry, any cant for entry, in paying the first j;wo prior to 2:00 p. m., the number of appli­ moneys paid to the United States on ac­ semi-annual construction charge in­ cations filed exceeds the number of avail­ count of construction charges as herein stallments shall be deemed to have able farm units, then the right to make specified shall be returned to the appli­ agreed to be bound by the provisions of entry for such farm units shall be de­ cant. the said contracts with the Owyhee Irri­ termined in accordance with the pro­ (b) Operation and maintenance. In gation District and the Gem Irrigation cedure described in paragraph 6 of this addition to the payment of construction District, dated October 14, 1926, as notice. charges as required by the existing re­ amended and supplemented. C . G irard D avidson, payment contracts, the entrymen, to be 11. Reservation of rights of way for Assistant Secretary of the Interior. entiled to water, must pay operation and Cov,nty, State and Federal Highways and maintenance charges levied by the Dis­ access roads. Rights of way are re­ Applicants fob Homesteads on Owyhee trict in which the land is situated. The served for county, state and federal high­ Project, Oregon and I daho minimum charge per irrigable acre, ways and access roads to the farm units location whether water is used or not, has been shown on said plats along section lines 1. The farm units opened for homesteads fixed at $2.70, exclusive of any amounts and other lines shown in red on the farm by Public Notice No. 25 may be readily lo­ that may be added by the District for plats, said rights of way being in gen­ cated with the use of the farm unit location its own purposes. eral 30 feet in width on each side of said map attached to the public notice. (c) Amount of water and charges. lines for county roads, 20 feet each side Payment of construction charges due of said lines for access roads, and not to PERSONAL INQUIRIES and the operation and maintenance exceed 50 feet on each side of said lines 2. Personal inquiries with respect to this charges levied by the District will en­ for state and federal highways. public land opening may be made at the title the entryman to delivery of not 12. Reservation of rights of way for Superintendent’s office, Bureau of Reclama­ more than four (4) acre-feet of water telephone, electric transmission, water tion, Vale, Oregon. per irrigable acre in the 1947 season. and server lines and water-treating and LODGING pumping plants. Rights of way are re­ Water in excess of this amount will, be 3. Government lodging is not available for furnished to water users during ¿he 1947 served for government-owned telephone, visitors at Vale. Visitors should make res­ irrigation season at not less than eighty- electric transmission, water and sewer ervations for lodging at local hotels in Vale, four cents ($0.84) per acre-foot or frac­ lines and water-treating and pumping Ontario, or Nyssa, Oregon. tion thereof, and water users shall be plants, as now constructed, and the required to make advance payment for Secretary reserves the right to locate FORMS REQUIRED such additional water to the districts or such other government-owned facilities 4. Applications with all substantiating to make arrangements for such pay­ over and across the farm units above data should be mailed to the Superintendent, described, as hereafter in his opinion Bureau of Reclamation, Vale, Oregon. (Cau­ ment that are satisfactory to the dis­ tion : It is of utmost importance that all the tricts and in accordance with legal re­ may be necessary for the proper con­ required forms be completely and accurately quirements. The minimum charges for struction, operation or maintenance of flUed out and attached to the application. operation and maintenance and maxi­ said project. Failure to do so may disqualify the appli­ mum of water deliverable therefor and 13. Waiver of mineral rights. All cant.) charges for excess water in subsequent homestead entries for the above-de­ 5. If you are claiming veteran preference, years through 1949 are to be determined scribed farm units will be subject to the be sure to submit a photostatic, certified, or as provided in the Notice of Availability laws of the United States governing authenticated copy of your discharge or cer­ mineral land and all homestead ap­ tificate of service. of February 19, 1946. 6. If physically handicapped or afflicted, 10. Contracts with irrigation districts plicants under this notice must waive submit a detailed statement by an examin­ and recordable agreement. The lands the right to the mineral content of the ing physician which defines your limitations covered by this notice are included in land, if required to do so by the Bureau because of the disability. the Gwyhee Irrigation District and the of Land Management, otherwise the 7. Attach to your application the signed Gem Irrigation District, which districts homestead applications will be rejected statement of three agricultural leaders, set­ are bound under contracts dated Octo­ or the homestead entry or entries can­ ting forth the place, period, and years in ber 14, 1926, as amended by the con­ celed. which you received farming experience. 14. Settler assistance in land develop­ 8. Be sure to list the names and addresses tracts of March 15, 1936, and the Pub­ of three responsible individuals who are bill­ lic Notice of availability of water dated ment. The Bureau of Reclamation, as ing and able to disclose full information with February 19, 1946, copies of which are an incident to the completion of the proj­ respect to your character and industry as available for inspection in the project ect, will assist entrymen, in appropriate required in paragraph 17 of the application. offices at Nyssa, Oregon, and Homedale, cases, on a reimbursable basis, in devel­ 9. If you list credit as partial fulfillment Idaho, to pay all charges due to the opment of farm units, including clearing of the capital requirement, be sure you attach United States from the districts and to and rough leveling the land and rough­ to your application a certified statement from Friday, A pril 25, 1947 FEDERAL RfGISTER 2665 the credit source indicating the amount and serve not less than 90 days in the Army, (b) Health. Each applicant must be terms of the loan available to you. Navy, Marine Corps or Coast Guard of 10. Married entrywom en m ust be heads of in such physical condition as will enable families to be eligible. Proof of such status the United States in World War II, and him or her to engage in normal farm must be returned with the application. are honorably separated or discharged labor. Any person who is physically therefrom: Provided, however, That they handicapped or afflicted with any condi­ SETTLES ASSISTANCE must be qualified to make entry, under tion which makes such ability question­ 11. The Bureau of Reclamation and Ore­ the homestead laws and also possess the able should attach to his or her appli­ gon State College Extension Service will pro­ qualifications as to industry, experience, cation the detailed statement of an ex­ vide technical assistance to settlers in character, capital and physical fitness re­ becoming familiar with local agricultural amining physician which defines the practices and in planning and laying out the quired of all applicants under this no­ limitation upon such ability and its farm fields and irrigation systems. tice. This right extends to the widow causes. of a veteran of World War n and to (c) Farm experience. Each applicant . TIME LIMIT the guardian of his or her minor orphan must have had at least two years’ full­ 12. Applications received prior to 2:00 child or children. The commencement time farm experience acquired after the p. m., June 2, 1947, will be considered as of the United States' participation in age of 15 years. Two years of study in simultaneously filed. Applications received World War II shall be deemed, for pur­ agricultural courses in an accredited the last week of-the filing period will delay poses of this notice, to be December 8, agricultural college or two years of re­ the public land opening; therefore, the com­ 1941. pleted application and substantiating evi­ sponsible technical work in agriculture dence should be mailed at the earliest pos­ (b) Definition of honorable discharge. which in the opinion of the examining sible moment. You will be notified of action An honorable discharge within the board may contribute toward knowledge taken by the Board and of the award of a meaning of the act of September 27, of the successful operation of a farm may farm unit if your name is drawn and you 1944, shall mean: be credited as one year of farm experi­ are found to be qualified. (1> Separation from the service by ence. No more than one year’s experi­ [P. R. Doc. 47-3906; Filed, Apr. 24, 1947; means of an honorable discharge or a ence may be credited from such sources. 8:48 a. m.J discharge under honorable conditions. No advantage will accrue from farming (2) Transfer from active duty to a experience on irrigated land. Applicants reserve or retired status. must furnish three written statements (3) End of the period of war service signed by a Vocational Agriculture [Public Notice No. 9] by reason' of the termination of the war, teacher, county agent, County Farmers even though the person remains in the Home Administration supervisor, Pro­ Vale P roject, V ale, O regon, I rrigation service of the armed forces of the United D istrict duction and Marketing Administration States. chairman, an officer of any local farm PUBLIC NOTICE OPENING PUBLIC LAND TO (c) Submission of proofs of veteran organization, or other comparable per­ ENTRY AND ANNOUNCING AVAILABILITY OF status. An applicant who claims a pref­ sons who have personal knowledge of the WATER erence right on account of service in applicant’s farm experience or have veri­ A pril 8, 1947. the armed forces of the United States fied it to their satisfaction. Women ap­ 1. Public Land for which water is avail­ must attach to the application a photo­ plicants should describe fully the farm able and for which entry may be made. static copy of both sides of his or her activities in which they have partici­ In pursuance of the act of June 17, 1902 discharge papers, a certified copy of his pated, and the relation of agricultural (32 Stat. 388) and _ acts amendatory or her recorded discharge papers or an courses they have taken to farm opera­ thereof or supplementary thereto, it is affidavit which states the applicant’s tion and management. hereby announced that water will be fur­ time of service, the unit of which he or (d) Capital. Each applicant must pos­ nished in the irrigation season of 1947 she was a member, the date of honor­ sess at least $3,000 in operating capital and thereafter until further notice, and able discharge and the fact that he or or equivalent property such as livestock beginning June 2, 1947, entry may be she did not refuse to wear the uniform and farm machinery or adequate credit. made in accordance-with this notice for of such service or to perform the duties Credit must be evidenced by a certified the following described public lands in thereof. statement from the credit source, indi­ the Vale Project, Oregon, as shown on the 3. Qualifications required by the rec­cating the amount to be loaned and the farm unit plat of lamation law. Pursuant to the provi­ terms of the loan. Credit will be re­ Township 17 South, Range 44 East, sions of subsection 4C of the act of De­ garded as adequate if the terms of re­ Willamette Meridian cember 5, 19-24 (43 Stat. 702, 43 U. S. C. payment will not, in the opinion of the 433), the following are established as Section 22, Farm U n it “D”; N ^ N W 1/*; 55.0 board, interfere with the development of irrigable acres. minimum qualifications, which, in the a farm unit. opinion of the local examining board, In addition, in order to be qualified for The farm unit plat referred to above are necessary to insure the success of entry on project lands, applicants must was approved on April 15,1936, and is on an entryman or entrywoman on a recla­ not own or hold within any Federal file in the office of the Project Superin­ mation farm unit. Applicants must Reclamation Project, irrigable land for tendent, Bureau of Reclamation, Vale, meet these qualifications, as determined which construction charges payable to Oregon; the District Office, Bureau of by the examining board, in order to be the United States have not been fully Reclamation, 214 Broadway, Boise, considered for entry, and failure to paid. Proofs of conformity with this re­ Idaho; and in the Land Office at The meet them in all respects will be suffi­ quirement need not be furnished, but a Dalles, Oregon, where it may be examined cient cause for rejection of an applica­ check of project land ownership will be by any person desiring to make applica­ tion. No credit will be given for quali­ made to determine eligibility of appli­ tion therefor. A mess hall formerly used fications in excess of the minimum re­ cants before awards of farm units are as a part of a CCC camp, BR 45, now quired : made. located on the farm unit, will not be in­ (a) Character and industry. Each 4. Qualifications required by homestead cluded in the award of the farm unit and applicant must be possessed of honesty, laws. The homstead laws require that will be removed from the premises by the temperate habits, thrift, industry, se­ an entryman or entrywoman: owner. riousness of purpose, record of good (a) Must be a citizen of the United 2. Preference rights to honorably dis­ moral conduct and a bona fide intent States or have declared an intention to charged veterans of World War II—(a) to engage in farming as an occupation. become a citizen of the United States. Nature of preference. Pursuant to the Persons named as references in para­ (b) Entrywomen who are married provisions of the act of Congress of Sep­ graph 17 of the Farm Application blank must be heads of families.. (Except vet­ tember 27,1944 (58 Stat. 747), as amend­ should be responsible individuals (not erans of World War H, all entrymen ed June 25,1946 (Pub. Law No. 440, 79th relatives) who are personally ac­ must be 21 years of age or the head of Cong.), for a period of 90 days from the quainted with the applicant and who are- a family and entrywomen must be 21 opening of these lands to entry or until willing and able to disclose full informa­ years of age and the head of a family. September 2,1947, the lands described in tion relative to the applicant’s quali­ The act of June 25, 1946, removes the paragraph 1 above will be open to entry fications for entry on a reclamation farm age requirement for both men and only by persons who have served or may unit. women who are veterans, but does not 2666 NOTICES affect the homestead requirements that for the award of a reclamation farm unit cant to whom it was originally awarded entrywomen who are married must be under subsection 4C of the act of De­ or the alternate next in order fails to the heads of families.) Proofs of such cember 5, 1924. Applicants will be complete the entry of the land. In the status must be submitted with the ap­ judged on the basis of character, indus­ event that the farm unit should not be plications of married women. try, farming experience and capital. No awarded to any applicant whose appli­ (c) Must not own more than 160 acres applicant will be considered eligible who cation was one of those filed simultane­ of land in the United States (with cer­ does not qualify in all respects, or who ously, consideration will be given to ap­ tain exceptions). does not, in the opinion of the Board, plications of other eligible veterans, in (d) Must not have exhausted the right possess the health and vigor to engage the order filed, as indicated in paragraph to make homestead entry on public land. in farm work. 5 (c) above. If the farm unit is not Complete information concerning (c) Procedure—(1) Preliminary ex­ awarded before September 2,1947, it will qualifications for homesteading may be amination. If an applicant fails to be open to entry to qualified applicants obtained from the District Land Office make a prima facie case, that is, an without regard to veterans’ preference, at The Dalles, Oregon, or the Bureau of examination of the application discloses in accordance with the procedure estab­ Land Management, Washington 25, D. C. that the applicant is unqualified in re­ lished by this public notice. 5. When and how to apply for a farm spect to the requirements prescribed (e) Notification to applicants. Imme­ unit—(a) Application blanks. Any per­ herein, the application shall be rejected diately after the selection of the suc­ son desiring to acquire the public land and the applicant notified by the board cessful applicant, the board shall notify farm unit described in this notice must of examiners of such rejection by regis­ each of the other applicants, by regis­ fill out the attached Farm Application tered mail, with return receipt requested, tered mail with return receipt requested, blank. Additional application blanks and of the right to appeal in writing to of his or her standing as an alternate or may be obtained from the Vale Project the Regional Director within ten (10) otherwise and of the circumstances un­ office, Vale, Oregon; the Regional Di­ days from the receipt of such notifica­ der which the applications must be re­ rector, Bureau of Reclamation, P. O. tion. All appeals shall be filed within jected. Box 937, Boise, Idaho, or the Commis­ ten (10) days of the receipt of such no­ 7. Notification of selection of appli­ sioner of Reclamation, Department of tice with the Project"Superintendent, cants and acceptance of farm units. the Interior, Washington 25, D. C. Full Bureau of Reclamation, Vale, Oregon, After the completion of the selection and frank answers must be made to each who will forward them to the Regional process and the determination of all ap­ question on the Farm Application blank. Director. If an appeal is decided by the peals, the board shall notify the selected (b) Filing of application and proofs. Regional Director in favor of the appli­ applicant, by registered mail with return An application for the farm unit listed cant, the application will be referred receipt requested, that he or she has been in this notice, together with proofs of to the board of examiners for inclusion awarded the farm unit. With such no­ veteran status and farm experience and in the drawing. All decisions on ap­ tice, the board shall enclose a form for married women’s proofs of their status peals will be based exclusively on infor­ formal acceptance of the farm unit as the heads of families, must be filed mation obtained prior to rejection of the awarded. This form must be executed with the Project Superintendent, Bu­ application. by the applicant and returned to the of­ reau of Reclamation, Vale, Oregon, (2) Selection of applicants. After the fice of the Project Superintendent, Bu­ either in person or by mail. No advan­ expiration of the appeal period fixed by reau of Reclamation, Vale, Oregon, tage will accrue to an applicant who the above-mentioned notices and after within ten (10) days from receipt of the presents his or her application in per­ the Regional Director has decided such said notice. Upon receipt by the Proj­ son. appeals, the Board shall select the suc­ ect Superintendent of the acceptance (c) Priority of applications. All ap­ cessful applicant in the following man­ executed by the applicant, and the pay­ plications for the farm unit listed in this ner: From the names of all qualified ap­ ment of the construction charge instal­ notice which are received prior to 2:00 plicants in the group whose applications ments as required in paragraph 9 (a) of p. m., June 2, 1947, will be held and where considered as filed simultaneously this public notice, before the expiration treated as filed simultaneously, except the board shall draw four (4) names or of the said 10-day period, the Secretary that applications of persons who do not four times as many as the number of of the Board shall furnish such applicant establish their eligibility for veterans’ farm units available. These applicants by registered mail, unless delivery is preference, as outlined in paragraph 2 will be closely investigated, in the order made in person, a certificate, stating that of this notice, will be set aside and will in which selected, and any falsehood or his or her qualifications to enter public not be considered until September 2, misrepresentation shall be ground for lands, as required by subsection 4C of 1947. Applications received after 2:00 disqualification. The examining board the act of December 5, 1924, have been p. m., June 2, 1947, from persons eligible may, in its discretion, request any appli­ passed upon and approved by the board. to receive veterans’ preference, will be cant to appear for a personal interview. Such certificate, a copy of which will be considered in the order filed if the farm Should any applicant so requested fail to forwarded by the Secretary of the Board unit is still available. If the farm unit appear for examination, his or her appli­ to the local Land Office immediately is still available on September 2, 1947, cation will receive no further considera­ upon its issuance, must be attached by all applications from persons not eligible tion at that time. Should such applicant the applicant to his or her homestead to receive veterans’ preference which appear later, his or her application may application, when such application is have been received up to that time will be placed at the bottom of the list of the filed at the local Land Office at The be considered as filed simultaneously in four (4) applicants whose names were Dalles, Oregon. Such homestead appli­ the awarding of the farm unit. drawn by the board. cation must be made within twenty (20) 6. Selection of qualified applicants— (3) Disqualification and appeals. The days from the date of receipt by the ap­ (a) Examining board. An examining board shall notify applicants from plicant of said certificate. Failure to board of three members, including the among the group of four (4) who are make application for homestead entry Superintendent of the Vale Project, who disqualified as a result of the investiga­ within the period specified herein will will act as Secretary of the Board, has tions of the board of such disqualification render the application subject to re­ been approved by the Commissioner of and the reasons therefor, and of the jection. Reclamation to consider the fitness of right of appeal to the Regional Director 8. Warning against unlawful settle­ each applicant to undertake the develop­ within ten (10) days from receipt of such ment. No person shall be permitted to ment and operation of a farm on the notice, by registered mail with return gain or exercise any right under any Vale Project. Careful investigations receipt requested. settlement or occupation of the public will be made to verify the statements (d) Award of farm units. After the lands covered by this notice except un­ and representations made by applicants expiration of the appeal period and after der the terms and conditions prescribed in order to determine their qualifica­ the Regional Director has decided the by this notice: Provided, however, That tions as prescribed in paragraph 3 above. -appeals from the action of the board, this shall not affect any valid existing Any falsification or misrepresentation the board shall award the farm unit to right obtained by settlement or entry made or discovered at any time will the qualified applicant whose name was while the land was subject thereto. cause an application to be rejected. drawn first. Other applicants will retain 9. Irrigation charges—(a) Construc­ (b) Basis of examination. The exam­ their places in the order drawn and will tion. Construction charges for the Vale ining board will determine the eligibility be awarded the farm unit if the appli­ Irrigation District are now estimated at Friday, A pril 25, 1947 FEDERAL REGISTER 2667 $154 per irrigable acre of district lands. During the period of operation of the retary reserves the right to locate such Under existing contractual arrange­ project (exclusive of reserved works) by other government-owned facilities over ments with the District, the construction the District, payment of construction and across the farm unit above described, chaises payable to the United States for charges and of operation and mainte­ as hereafter in his opinion may be neces­ and on account of the irrigable lands of nance charges as levied by the District sary for the proper construction, opera­ the District during the years 1946, 1947, and in accordance with the contract be­ tion or maintenance of said project. 1948 and 1949 will be $2.00 per irrigable tween the District and the United States 13. Waiver of mineral rights. All acre per year, payable in twcKsemian- will be the prerequisite to delivery of homestead entries for the above-de­ nual installments beginning December water. Fixing of minimum operation scribed farm unit will be subject to the 31,1946, and July 1, 1^47. The remain­ and maintenance charges and of the laws of the United States governing min­ der of the construction charges will be maximum amount of water which can eral land and all homestead applicants payable in accordance with contract ar­ be delivered per irrigable acre and of under this notice must waive the right rangements with the District. The ap­ charges for excess water will then be the to the mineral content of the land, if plicant to whom the farm unit is awarded responsibility of the District. Lands en­ required to do so by the Bureau of Land must pay the semi-annual construction tered pursuant to this notice will be liable Management, otherwise the homestead charge installments otherwise due on for such charges on the same basis as applications will be rejected or the home­ December 31, 1946, and July 1, 1947, to other lands of the District. stead entry or entries cancelled. the Project Superintendent prior to is­ 10 C ontract with Vale, Oregon, Irri­ 14. Settler assistance in land develop­ suance of the certificate of eligibility by gation District and recordable agree­ ment. The Bureau of Reclamation, as the Secretary of the examining board. ment. The lands covered by this no­ an incident to the completion of the When entry has been completed, the tice are included in the Vale, Oregon, project, will assist entrymen, in appro­ Project Superintendent will pay to the Irrigation District, which District agreed priate cases, on a reimbursable basis, in Vale, Oregon, Irrigation District the under contract dated October 22, 1926, development of farm units, including construction-charge installments re­ a copy of which is available for inspec­ clearing and rough leveling the land and ceived from the applicant. In the event tion in the Project Office, Bureau of roughing in of farm irrigation and sur­ that an applicant fails to complete Reclamation, Vale, Oregon, to pay all face drainage systems beyond the farm homestead entry, any moneys paid to charges due to the United States from turnout. the United on account of construction the District and to collect the neces­ 15. Effect of relinquishment. In the charges as herein specified shall be re­ sary funds for that purpose from the event that any entry of public land shall funded to the applicant. landowners and entrymen of the Dis­ be relinquished prior to 2:00 p. m., Sep­ (b) Operation and maintenance. trict by the levy of assessments or tember 2, 1947, the lands so relinquished Pursuant to article 10 (e) of the con­ the collection of toll charges. The first shall be subject to entry in accordance tract of October 22, 1926, the operation two semi-annual construction charge in­ with paragraphs 2 and 6 of this notice. and maintenance charges payable to the stalments paid by the applicant will be In the event that any entry of public United States for 1947 shall be trans­ credited in the same manner as if paid land shall be relinquished subsequent to at the regular time for payment. An 2:00 p. m., September 2,1947, and at any ferred to and paid as a part of the con­ time prior to actual proving up of the struction costs. However, the District applicant for entry, in order to receive may levy an assessment against the Dis­ water, will also be required to execute land through necessary residence, culti­ and deliver a recordable contract as re­ vation and other homestead require­ trict lands for operation and mainte- ments, the lands so relinquished shall not tenance purposes in 1947, and will levy quired under article 25 of the said con­ tract of October 22, 1926. (The record­ be subject to entry for a period of 60 days assessments for operation and mainte­ after the filing and notation of the re­ nance costs regularly thereafter as pro­ able contract is designed to prevent land speculation based upon increased value linquishment in the local land office. vided in the contract of October 22,1926. of the land resulting from irrigation. It During the 10-day period next succeed­ Lands entered pursuant to this notice provides that in case of the sale of proj­ ing the expiration of such 60-day period, will be liable for such assessments on ect land by an entryman or landowner, any person having the necessary quali­ the same basis as other lands of the a portion of the sale price over and above fications may file application for said District. the appraised value, as set by a board, public land. If, on the tenth day of said (c) Amount of water and charges. without increment on account of the 10-day period, prior to 2:00 p. m., the During the period of operation of the construction of the irrigation project number of applications filed exceeds the project by the United States, payment of works, shall be applied on the construc­ number of available farm units, then the construction charges and of the annual tion charges against the land which is right to make entry for such farm unit minimum operation and maintenance being sold.) The applicant for entry, shall be determined in accordance with charge levied by the District will entitle in paying the first two semi-annual con­ the procedure described in paragraph 6 the entryman to not less than $hree (3) struction charge instalments, shall be of this notice. acre-feet of water per irrigable acre an­ deemed to havé~agreed to be bound by nually. Water in excess of this amount C. G irard D avidson, the provisions of the said contract with Assistant Secretary of the Interior. will be delivered at not less than the the Vale, Oregon, Irrigation District following rates: dated October 22, 1926. Applicants fob Homestead The first acre-foot or fraction thereof at a 11. Reservation of rights of way for on charge per acre-foot which shall be not less County, State and Federal highways and Vale Project, Oregon than fifty percent (50%) more than the aver­ access roads. Rights of way are reserved location age charge per acre-foot of water which said for County, State and Federal highways land is entitled to secure for the annual min­ and access roads to the farm unit shown 1. The farm unit opened for homestead by imum operation and maintenance charge; Public Notice No. 9 may be readily located on said plat along section lines and other with the use of the farm unit location map the second acre-foot or fraction thereof and lines shown in red on the farm plat, attached to the public notice. each additional acre-foot at a charge per said right of way being in general 30 acre-foot which shall not be less than sev­ feet in width on each side of said lines personal inquiries enty-five percent (75%) more than the aver­ for county roads, 20 feet each side of said 2. Personal inquiries with respect to this age charge per acre-foot of water which said lines for access roads, and not to exceed public land opening may be made at the land is entitled to secure for the annual Superintendent’s office, Bureau of Reclama­ minimum operation and maintenance 50 feet on each side of said lines for State tion, Vale, Oregon. charge. and Federal highways. 12. Reservation of rights of way for LODGING No excess water will be delivered to any telephone, electric transmission, water 8. Government lodging is not avaUable for farm unit unless advance payment and sewer lines and water-treating and visitors at Vale. Visitors should make reser­ therefor has been made by the water pumping plants. Rights of way are re­ vations for lodging at local hotels in Vale or user to the District, or arrangements served for government-owned telephone, Ontario, Oregon. have been made for payment that are electric transmission, water and sewer FORMS REQUIRED satisfactory to the District and in ac­ lines and water-treating and pumping 4. Applications with all substantiating cordance with legal requirements. plants, as now constructed, and the Sec­ data should be mailed to the Superintend- No. 82------4 2668 NOTICES ent, Bureau of Reclamation, Vale, Oregon. 1. Because of the large number of aids tinuance in the further hearing upon (Caution: It is of utmost importance that all to air navigation in the New York area, their applications for construction per­ the required forms be completely and ac­ it was impossible to change localizer fre­ mits which is presently scheduled for curately filled out and attached to the appli­ Washington, D. C., commencing April 18, cation. Failure to do so may disqualify the quencies to avoid interference. applicant.) 2. New aviation receiving equipment 1947; 5. If you are claiming veteran preference, now in production will be installed by It is ordered, This 11th day of April be sure to submit a photostatic, certified, or March 1,1948, and the basic cause of the 1947, that the petition for continuance authenticated copy of your discharge or interference removed. be, and it is hereby, granted; and the certificate of service. 3. It would take longer to modify ex­ said hearing upon above-entitled appli­ 6. If physically handicapped or afflicted, isting inadequate aviation equipment cations be, and it is hereby, continued to submit a detailed statement of an examining than it would to install the new replace­ ■10:00 a. m., Wednesday, May 21, 1947, at physician which defines your limitations Washington, D. C. because of the disabiilty. ment equipment. 7. Attach to your application the signed In other than the New York area, in­ By the Commission. statement of three agricultural leaders, set­ terference can be avoided by appropriate ting forth the place, period, and years in selection of Instrument Landing and FM [seal] T. J. Slowie, which you received farming experience. frequencies, giving consideration to geo­ Secretary. 8. Be sure to list the names and addresses graphical separation. This need far cor­ [F. R. Doc. 47-3945; Filed, Apr. 24, 1947; of three responsible individuals who are relation will disappear on March 1,1948, 8:48 a. m.j willing and able to disclose full information with the installation of adequate aircraft with respect to your character and industry as required in paragraph 17 of the applica­ receivers. tion. The Commission has held a series of 9. If you list credit as partial fulfillment of meetings with the various interests in­ [Docket Nos. 7812 and 7416]' the capital requirement, be sure you attach volved and has reached a solution which K ola B roadcasting Co. and J ames A. Noe to your application a certified statement will be satisfactory to all concerned and from the credit source indicating the amount will make no change in the service now ORDER CONTINUING HEARING and terms of the loan available to you. available to the public. The solution is: 10. Married entrywomen must be heads of In re applications of Kola Broadcast­ families to be eligible. Proof of such status WGYN will occupy channel 251 (98.1 ing Company, a partnership composed of must be returned with the application. Me) in lieu of 241 (96.1 Me). Hugh O. Jones, William E. Jones and WNYC will occupy channel 231 (94.1 Mrs. Sarah Stewart Jones, Opelousas, SETTLEB ASSISTANCE Me) in lieu of 237 (95.3 Me). Louisiana, for construction permit, 11. The Bureau of Reclamation and Oregon WBAM is conducting propagation tests Docket No. 7812, File No. BP-4917; James State College Extension Service will provide and will not go on its regularly assigned A. Noe, Lake Charles, Louisiana, for con­ technical assistance to settlers in becoming frequency channel 243 (96.5 Me) until struction permit, Docket No. 7416, File familiar with local agricultural practices and March 1, 1948. No. BP-3888. in planning and laying out the farm fields The Commission appreciates the coop­ and irrigation systems. The Commission having scheduled a erative attitude in which this problem consolidated hearing upon the above- TIME LIMIT has been approached by all concerned. entitled applications for 10:00 o’clock 12. Applications received prior to 2:00 p. m., It wishes to emphasize that in no sense a. m., Tuesday, April 15, 1947, at Lake June 2, 1947, will be considered as simul­ can this interference be charged to im­ Charles, Louisiana; and taneously filed. Applications received the proper operation of FM stations or fail­ It appearing, that public interest, con­ last week of the filing period will delay the ure in the engineering on the part of venience and necessity would be served public land opening: therefore, the com­ the aviation interests. The receiver pleted application and substantiating evi­ by a continuance of said consolidated dence should be mailed at the earliest used on the aircraft was designed to meet hearing; possible moment. You will be notified of a particular military need and was in­ It is ordered, This 11th day of April action taken by the Board and of the award stalled aboard commercial aircraft be­ 1947, on the Commission’s own motion, of a farm unit if your name is drawn and cause it was the only receiver in exist­ that the said consolidated hearing upon you are found to be qualified. ence available in quantities to make pos­ the above-entitled applications be, and [F. R. Doc. 47-3907; Filed, Apr. 24, 1947; sible the use of Instrument Landing it is hereby, continued to 10:00 o’clock 8:49 a. m .] Systems. a. m., Thursday, May 15, 1947, at Lake In these meetings representatives of Charles, Louisiana. both the airlines and the Civil Aeronau­ FEDERAL COMMUNICATIONS tics Administration expressed their de­ By the Commission. sire to join with the Commission in its [seal] T. J. Slowie, COMMISSION expression of appreciation of the coop­ Secretary. eration offered by the FM interests. Solution to FM B roadcast-I nstrument [F. R. Doc. 47-3944; Filed, Apr. 24, 1947; Landing System s I nterference [seal] F ederal Communications 8:48 a. m.] TEMPORARY CHANGE IN FREQUENCIES Commission, T. J. Slowie, M arch 28,1947. Secretary. Earlier in the year it was reported to [F. R. Doc. 47-3934; Filed, Apr. 24, 1947; [Docket Nos. 7950, 7951, and 8114] the Commission that interference existed 8:46 a. m.] in certain cases between the transmis­ E ast T exas B roadcasting Co. (KGKB) sion of FM broadcast stations and the et, AL. aircraft “Instrument Landing Systems”. order enlarging issues and continuing The cause of this interference appeared [Docket Nos. 7338 and 7339] HEARING to be the use by aircraft of equipment which was designed for the military but A. S. Abell Co. and Berks B roadcasting In re applications of Jas. G. Ulmer which is inadequate for civilian opera­ Co. and James G. Ulmer, Jr., doing business Company tions. The only equipment now available order continuing hearing as East Texas Broadcasting for the “Instrument Landing Systems” (KGKB), Tyler, Texas, for construction uses this particular surplus military re­ In re application of A. S. Abell Com­ permit, Docket No. 7950, File No. BP- ceiver. This matter was referred to the pany, Baltimore, Maryland, File No. BP- 4769; Hugh J. Powell (KGGF), Coffey- Radio Technical Commission for Aero­ 4297, Docket No. 7338; Berks Broadcast­ ville, Kansas, for construction permit, nautics for investigation. On the 11th ing Company, Reading, Pennsylvania, Docket No. 7951, File No. BMP-2021; of March that body recommended that File No. BP-4380, Docket No. 7339. Radio Enterprises, Inc. (KEID), El the frequencies of certain FM stations in The Commission having under consid­ Dorado, Arkansas, for construction per­ the New York area be changed for a eration a petition filed April 7, 1947, by mit, Docket No. 8114, File No. BP-5644. temporary period raiding March 1, 1948. A. S. Abell Company, Baltimore, Mary­ The Commission having under consid­ The reasons for this recommendation land, and Berks Broadcasting Company, eration a petition filed March 27, 1947, were: Reading, Pennsylvania, requesting a con­ by East Texas Broadcasting Company Friday, April 25, 1947 FEDERAL REGISTER 2669 (KGKB), Tyler, Texas, requesting en­ as set forth in Exhibit 2 attached to the 4. To determine whether the operation largement of the issues in the consoli­ petition of KGKB to enlarge issues of of Station KTBS as proposed would in­ dated proceeding upon the above-en­ hearing, dated March 27,1947, is suitable volve objectionable interference with titled applications, so as to include the for use by said Station KGKB, and if so, Station WHB, Kansas City, Missouri, or following issues: whether public interest, convenience with any other existing broadcast sta­ 1. To determine whether the alterna­ and necessity would be served by a grant tions and, if so, the nature and extent tive directional antenna pattern for of the application of said Station KGKB, thereof, the areas and populations af­ nighttime operation of Station KELD, as subject to the condition that it use the fected thereby, and the availability of set forth in Exhibit 1 attached to the said alternative pattern. other broadcast service to such areas and petition of KGKB to enlarge issues of It is further ordered. That the further populations. hearing, dated March 27,1947, is suitable hearing in the above-entitled proceed­ 5. To determine whether the operation for use by said Station KELP, and, if so, ing, presently scheduled for April 16, of Station KTBS as proposed would in­ whether public interest, convenience and 1947, be, and it is hereby, continued to volve objectionable interference with the necessity would be served by a grant of 10:00 o’clock a. m„ Monday, May 12, services proposed in any pending appli­ the application of said Station KELD, 1947. cations for broadcast facilities and, if subject to the condition that it use the Notice Is hereby given, that the fore­ so, the nature and extent thereof, the said alternative pattern. going action is not to be construed in areas and populations affected thereby, 2. To determine whether the alterna­ any way as having the effect of consti­ and the availability of other broadcast tive directional antenna pattern for tuting an amendment to any above- service to such areas and populations. nighttime operation of Station KGKB, as entitled application within the meaning , 6. To determine whether the instal­ set forth in Exhibit 2 attached to the of the Commission’s rules, regulations lation and operation of Station KTBS as petition of KGKB to enlarge issues of and standards. proposed would be in compliance with hearing, dated March 27, 1947, is suit­ the Commission’s rules and Standards able for use by said Station KGKB, and, By the-Commission. of Good Engineering Practice Concern­ if so, whether public interest, conveni­ [SEAL] t . J . S lo w ie , ing Standard Broadcast Stations. ence and necessity would be served by a Secretary. It is further ordered, That WHB grant of the application of said Station [P. R. Doc. 47-3943; Piled, Apr. 24, 1947; Broadcasting Company, licensee of Sta­ KGKB, subject to the condition that it 8:48 a. m.] tion WHB Kansas City, Missouri, be and use the said alternative pattern. it is hereby made a party to this pro­ and an opposition thereto filed April 9, ceeding. 1947, by Radio Enterprises, Inc. (KELD), Notice is hereby given that § 1.857 of El Dorado, Arkansas; and [Docket No. 7598] the Commission’s rules and regulations It appearing, * that the opposition of is not applicable to this proceeding. R adio S tation K T B S KELD to the KGKB proposal is based on By the Commission. the fact that the proposal is unworkable, ORDER DESIGNATING APPLICATION FOR CON­ and that it forces KELD to serve an area SOLIDATED HEARING ON STATED ISSUES [ seal] T. J. S l o w ie , substantially different from that KET.n Secretary. In re application of Allen D. Morris, desires to serve; and [F. R. Doc. 47-3942; Filed, Apr. 24, 1947; It appearing, that the question of the P. E. Furlow and George D. Wray, a part­ 8:47 a. m.] feasibility of the proposal and the change nership d/b as Radio Station KTBS, in area to be served by KFrr.n are mat­ Shreveport, Louisiana, for construction permit; Docket No. 7598, File No. BP- ters for determination after a hearing; 4720. and [Docket Nos. 8276 and 8277] It appearing, that the proposal to en­ At a session of the Federal Communi­ large the issues is in conformity with the cations Commission, held at its offices in C oconino B roadcasting’ Co. and G rand Washington, D. C., on the 10th day of C a n y o n B roadcasting C o. policies outlined in the Commission’s April 1947; Public Notice of January 8, 1947, rela­ The Commission having under consid­ ORDER DESIGNATING APPLICATION FOR CON­ tive to the Temporary Expediting Proce­ SOLIDATED HEARING ON STATED ISSUES dure; and eration the above-entitled application for a construction permit for an increase In re applications of Coconino Broad­ It appearing further, that the engi­ in power for standard broadcast station casting Company, Flagstaff, Arizona, neering hearing in the above-entitled KTBS at Shreveport, Louisiana, to 5 Docket No. 8276, File No. BP-5667; proceeding is scheduled for April 16,1947, kilowatts, 10 kilowatts local sunset, to James L. Stapleton, Jessie Martin and at Washington, D. C.; and that in the change frequency from 1480 kilocycles to Duard K. Nowlin, d/b as Grand Canyon event the petition is granted, counsel for 710 kilocycles, to install a new transmit­ Broadcasting Company (KWRZ), Flag­ all parties desire a two-week Continu­ ter and to make changes in the antenna staff, Arizona, Docket No. 8277, File No. ance of the hearing for the purpose of system; BP-6004; for construction permits. making further engineering studies; It is ordered, That, pursuant to section At a session of the Federal Communi­ It is ordered, This 11th day of April 309 (a) of the Communications Act of cations Commission, held at Its offices in 1947, that the petition be, and it is 1934, as amended, the said application Washington, D. C., on the 10th day of hereby, granted; and the issues adopted be, and it is hereby, designated for hear­ April 1947; November 7,1946, January 30, 1947, and ing at a time and place to be designated The Commission having under consid­ February 14, 1947, in the proceeding by subsequent order of the Commission, eration the above-entitled applications upon the above-entitled applications, be, upon the following issues: for construction permits of Coconino and they are hereby, enlarged, to include 1. To determine the technical, finan­ Broadcasting Company, filed January 29, the following: cial and other qualifications of the ap­ 1947, requesting a new standard broad­ 1. To determine whether the alterna­ plicant imrtnership and the partners to cast station to operate on the frequency tive directional antenna pattern for construct and operate Station KTBS as 600 kc, with 1 kw power, unlimited time bighttime operation of Station KELD, proposed. using directional antenna at night, and as set forth in Exhibit 1 attached to the 2. To determine the areas and popu­ of Grand Canyon Broadcasting Com­ petition of KGKB to enlarge issues of pany, submitted for filing February 6, nearing, dated March 27,1947, is suitable lations which may be expected to gain or lose primary service from the opera­ 1947, permittee of station KWRZ, pres­ for use by said Station KELD, and, if so, ently authorized the use of the frequency whether the public interest, convenience tion of Station KTBS as proposed and the character of other broadcast service 1340 kc, requesting the frequency 600 kc, and necessity would be served by a grant with 1 kw daytime and 250 watts night­ of the application of said Station KELD, available to those areas and populations. time power (non-directional), and the subject to the condition that it use the 3. To determine the type and charac­ following related matters: said alternative pattern. ter of program service proposed to be (1) Petition of Coconino Broadcasting 2. To determine whether the alterna­ rendered and whether it would meet the Company requesting that the said appli­ tive directional antenna pattern for requirements of the populations and cation of Grand Canyon Broadcasting nighttime operation of Station KGKB, areas proposed to be served. Company, since it requests nighttime op- 2670 NOTICES eration with 250 watts power on a chan­ 4. To determine whether the proposed 1. To determine what overlap of serv­ nel for which the minimum power speci­ operations would involve objectionable ice areas, if any, exists between the pro­ fied by the Commission's rules and regu­ interference with any existing broadcast posed station and any other existing or lations (§3.22 (c) (2)) is 500 watts, be stations and, if so, the nature and extent proposed stations owned, operated or returned to the applicant as defective thereof, the areas and populations af­ controlled by the same interests as the under § 1.361 (c) of the rules and regu­ fected thereby, and the availability of proposed station, and whether such over­ lations; other broadcast service to such areas and lap, if any, is in contravention of § 3.240 (2) Request for waiver of § 3.22 (c) populations. of the Commission’s rules and regu­ (2), filed on March 4, 1947, by Grand 5. To determine whether the proposed lations. Canyon Broadcasting Company to be as­ operations would involve objectionable 2. To determine which, if either, of sociated with its said application which, interference with the services proposed the applications in this consolidated pro­ as submitted for filing on February 6, in any pending applications for broad­ ceeding should be granted. 1947, was not accompanied by such a cast facilities and, if so, the nature and Notice is hereby given that § 1.857 of request; and extent thereof, the areas and populations the Commission’s rules and regulations (3) Related oppositions filed by the affected thereby, and the availability of shall not be applicable to this proceeding. respective parties to the foregoing mat­ other broadcast service to such areas and [ seal] F ederal C ommunications ters; and populations. C o m m iss io n , It appearing, that the alleged defect 6. To determine whether the proposed T. J. S l o w ie , in the said application of Grand Canyon installations and operations would be in Secretary. Broadcasting Company involves its re­ compliance with the Commission’s rules quest for a nighttime Class IV station and Standards of Good Engineering [F; R. Doc. 47-3946; Filed, Apr. 24, 1947; (Class m daytime) on a regional chan­ Practice Concerning Standard Broadcast 8:48 a. m.] nel; that § 3.29 of the Commission’s rules Stations. specifically authorizes the assignment of 7. To determine whether the proposed a Class IV station to a regional channel nighttime operation of station KWRZ on certain conditions; that as a matter with 250 watts power on the requested [Docket No. 8300] of Commission practice and procedure frequency of 600 kc would be in com­ G idd en s & R ester ('VfaKRG) such applications have in the past been pliance with § 3.29 of the Commission’s accepted for filing without a request for rules and the Standards of Good En­ ORDER DESIGNATING APPLICATION FOR CON­ waiver or an affirmative showing in the gineering Practice relating to the oper­ SOLIDATED HEARING ON STATED ISSUES application that the conditions specified ation of Class IV stations on regional In re application of Kenneth R. Gid­ in § 3.29, as implemented in the Stand­ channels. dens & T. J. Rester, a partnership d/b as ards of Good Engineering Practice, have 8. To determine on a comparative Giddens & Rester (WKRG), Mobile, Ala­ been complied with; that to adopt a con­ basis which, if either, of the applica­ bama* for construction permit; Docket trary policy at this time would be mani­ tions in this consolidated proceeding No. 8300, File No. BP-5887. festly unfair and unjust and neither should be granted. At a session of the Federal Communi­ within the spirit or letter of the Commis­ Notice is hereby given, that § 1.857 of cations Commission, held at its office in sion’s public notice of January 24, 1947, the Commission’s rules and regulations Washington, D. C., on the 10th day of concerning the return of defective appli­ is not applicable to this proceeding. April 1947; cations pursuant to established practice; By the Commission. ~ The Commission having under consid­ and that § 1.361 (a) of the Commission’s eration the above-entitled application rules provides, in effect, that the return [ seal] T. J. S l o w ie , for a construction permit to increase its of defective applications shall be a mat­ Secretary. time of operating on 710 kilocycles to ter within the Commission’s discretion; [P. R. Doc. 47-3938; Filed, Apr. 24, 1947; include nighttime operation using 250 It is ordered, That the said petition 8:47 a. m.] watts with a directional antenna, of Coconino Broadcasting Company be, It is ordered, That, pursuant to sec­ and it is hereby, denied; that the said re­ tion 309 (a) of the Communications Act quest for waiver of § 3.22 (c) (2), filed by of 1934, as amended, the said application Grand Canyon Broadcasting Company, [Docket Nos. 8289 and 8290] be, and it is hereby, designated for hear­ be, and it is hereby, accepted and asso­ ing at a time and place to be designated ciated with that applicant’s said appli­ E verett B roadcasting C o., I n c . and by subsequent order of the Commission, cation which is hereby accepted for fil­ S eattle B roadcasting C o . upon the following issues: ing; and that the said applications of ORDER DESIGNATING APPLICATION EOS CON­ 1. To determine the technical, finan­ Coconino Broadcasting Company and SOLIDATED HEARING ON STATED ISSUES cial, and other qualifications of the ap­ Grand Canyon Broadcasting Company In re applications of Everett Broad­ plicant partnership and the partners to (KWRZ) be, and they are hereby, desig­ casting Company, Inc., Everett, Wash­ construct and operate station WKRG as nated for hearing in a consolidated pro­ ington, File No. BPH-842, Docket No. proposed. ceeding, at a time and place to be desig­ 8289, Seattle Broadcasting Company, Se­ 2. To determine the areas and popu­ nated by subsequent order of the Com­ attle, Washington, File No. BPH-858, lations which may be expected to gain mission, upon the following issues: Docket No. 8290; for construction per­ or lose primary service from the opera­ 1. To determine the legal, technical, mits. tion of station WKRG as proposed and financial, and other qualifications of the At a session of the Federal Communi­ the character of other broadcast service applicant partnership and the partners cations Commission held at its offices in available to those areas and popula­ to construct and operate Station KWRZ, Washington, D. C., on the 4th day of tions. as proposed, and of the applicant cor­ April 1947; 3. To determine the type and charac­ poration, its officers, directors and stock­ The Commission having undei^consid- ter of program service proposed to be holders to construct and operate its pro­ eration the above-entitled applications rendered and whether it would meet the posed station. for construction permits for new class B requirements of the populations and 2. To determine the areas- and popu­ FM broadcast stations at Everett and areas proposed to be served. lations which may be expected to gain or Seattle, Washington, respectively; 4. To determine whether the operation lose primary service from the proposed It is ordered, That, pursuant to section of station WKRG as proposed would in­ operations and the character of other 309 (a) of the Communications Act of volve' objectionable interference with broadcast service available to those areas 1934, as amended, the above-entitled ap­ station WOR, New York, New York or and populations. plications be, and they are hereby desig­ with any other existing broadcast sta­ 3. To determine the type and charac­ nated for a hearing in a consolidated tions and, if so, the nature and extent ter of program service proposed to be proceeding at a time and place to be thereof, the areas and populations af­ rendered and whether it would meet the specified by a subsequent order of the fected thereby, and the availability of requirements of the populations and Commission, each upon the following other broadcast service to such areas and areas proposed to be served. issues: populations. Friday, A pril 25, 1947 FEDERAL REGISTER 2671 5. To determine whether the operation souri, and WOR, Newark, New Jersey, or rendered and whether it would meet the of station WKRG as proposed would in­ with any other existing broadcast sta­ requirements of the populations and volve objectionable interference with the tions and, if so, the nature and extent areas proposed to be served. services proposed in any pending appli­ thereof, the areas and populations af­ 4. To determine whether the operation cations for broadcast facilities and, if so, fected thereby, and the availability of of the proposed station would involve the nature and extent thereof, the areas other broadcast service to such areas and objectionable interference with any ex­ and populations affected thereby, and populations. isting broadcast stations and, if so, the the availability of other broadcast serv­ 5. To determine whether the operation nature and extent thereof, the areas ice to such areas and populations. of Station WDSM as proposed would in­ and populations affected thereby, and the 6. To determine whether the installa­ volve objectionable interference with the availability of other broadcast service tion and operation WKRG as proposed services proposed in any pending appli­ to such areas and populations. would be in compliance with the Com­ cations for broadcast facilities and, if so, 5. To determine whether the operation mission’s rules and Standards of Good the nature and extent thereof the areas of the proposed station would involve Engineering Practice Concerning Stand­ and populations affected thereby, and objectionable interference with the serv­ ard Broadcast Stations. the availability of other broadcast serv­ ices proposed in any pending applications It is further ordered, That Bamberger ice to such areas and populations. for broadcast facilities and, if so, the Broadcasting Service, Inc., licensee of 6. To determine whether the installa­ nature and extent thereof, the areas and station WOR, New York, New York, be, tion and operation of Station WDSM as populations affected thereby, and the and it is hereby made a party to this proposed would be in compliance with availability of other broadcast service to proceeding. the Commission’s rules and Standards of such areas and populations. Notice is hereby given that § 1.857 of Good Engineering Practice Concerning 6. To determine whether the opera­ the Commission’s rules and regulations Standard Broadcast Stations. tion of the proposed station would in­ is not applicable to this proceeding. It is further ordered, That WHB volve objectionable interference with By the Commission. Broadcasting Company, licensee of Sta­ Station CMCK, Havana, Cuba, Station tion WHB, Kansas City, Missouri, and XECA, Tampico, Mexico, XEY, Cuer­ [ seal] T. J. S l o w ie , Bamberger Broadcasting Service, Inc., navaca, Mexico or with any other foreign Secretary. licensee of Station WOR, Newark, New station, within the meaning of the North [P. R. Doc. 47-3941; Filed, Apr. 24, 1947; Jersey, be, and they are hereby, made American Regional Broadcasting Agree­ 8:47 a. m.] parties to this proceeding.? ment. Notice is hereby given that §1.857 7. To determine whether the operation of the Commission’s rules and regula­ as proposed herein would preclude the tions is not applicable to this proceeding. most efficient use of the frequency 980 [Docket No. 8301] By the Commission. kilocycles. R id so n , I n c . 8. To determine whether the installa­ [ sea l] t . J. S l o w ie , tion and operation of the proposed sta­ ORDER DESIGNATING APPLICATION POR CON­ Secretary. tion would be in compliance with the SOLIDATED HEARING ON STATED ISSUES [P. R. Doc. 47-8940; Piled, Apr. 24, 1947; Commission’s rules and Standards of In re application of Ridson, Incorpo­ 8:47 a. m.] Good Engineering Practice Concerning rated, Superior, Wisconsin (WDSM), for Standard Broadcast Stations, particu­ construction permit; Pile No. BP-5638, larly with reference to section 1, footnote Docket No. 8301. 4, thereof. At a session of the Federal Communi­ [Docket No. 8302] 9. To determine the overlap, if any, cations Commission, held at its offices in C harles W ilbur L amar, J r. that will exist between the service areas Washington, D. C., on the 10th day of of the proposed station, and of station April 1947; ORDER DESIGNATING APPLICATION FOR CON­ KCIL at Houma, Louisiana, the nature The Commission having under con­ SOLIDATED HEARING ON STATED ISSUES and extent thereof, and whether such sideration the above-entitled application In re application of Charles Wilbur overlap, if any, is in contravention of for a construction permit to change fre­ Lamar, Jr., Morgan City, Louisiana, for § 3.35 of the Commission’s, rules. quency from 1230 kilocycles, 250 watts, construction permit; Docket No. 8302, Notice is hereby given that § 1.857 of unlimited time, to 710 kilocycles, 5 kilo­ Pile No. BP-4913. the Commission’s rules and regulations watts, unlimited time, using a directional At a session of the Federal Communi­ is not applicable to this proceeding. antenna; cations Commission, held at its offices in By the Commission. It is ordered, That, pursuant to section Washington, D. C., on the 10th day of 309 (a) of the Communications Act of April 1947; [ seal] t . J. S l o w ie , 1934, as amended, the said application The Commission having under con­ Secretary. be, and it is hereby, designated for sideration the above-entitled applica­ [P. R. Doc. 47-3939; Piled, Apr. 24, 1947; hearing at a time and place to be desig­ tion for a construction permit for a new 8:47 a. m.] nated by subsequent order of the Com­ standard broadcast station to operate on mission upon the following issues: the frequency 980 kc, with 250 w power, 1. To determine the technical, finan­ unlimited' time, at Morgan City, Lou­ FEDERAL TRADE COMMISSION isiana. cial and other qualifications of the appli­ [Docket No. 4902] cant corporation, its officers, directors It is ordered, That, pursuant to sec­ and stockholders to construct and oper­ tion 309 (a) of the Communications Act N ed R . B a sk in ate Station WDSM as proposed. of 1934, as amended, the said applica­ order appo in ting trial exam iner and f ix ­ 2. To determine the areas and popu­ tion be, and it is hereby, designated for hearing, at a time and place to be des­ in g TIME AND PLACE FOR TAKING TESTI­ lations which may be expected to gain or MONY lose primary service from the operation ignated by subsequent order of the Com­ of Station WDSM as proposed and the mission, upon the following issues: At a regular session of the Federal character of other broadcast service 1. To determine the legal, technical, Trade Commission held at its office In the available to those areas and populations. financial, and other qualifications of the City of Washington, D. C., on the 18th 3. To determine the type and charac­ applicant to construct and operate the day of April A. D. 1947. ter of program service proposed to be proposed station. This matter being at issue and ready rendered and whether it would meet the 2. To determine the areas and popula­ for the taking of testimony and the re­ requirements of the populations and tions which may be expected to gain or ceipt of evidence, and pursuant to au­ areas proposed to be served. lose primary service from the operation thority vested in the Federal Trade Com­ 4. To determine whether the oper­ of the proposed station and the charac­ mission, ation of Station WDSM as proposed ter of other broadcast service available It is ordered, That Everett F. Haycraft, to those areas and populations. a Trial Examiner of this Commission, be would involve objectionable interference 3. To determine the type and char­ and he hereby is designated and appoint­ with Stations WHB, Kansas City, Mis­ acter of program service proposed to be ed to take testimony and receive evidence 2672 NOTICES in this proceeding and to perform all on the record, and an appropriate recom­ William Grassgreen admits the viola­ other duties authorized by law; mended order; all of which shall become tions charged and has consented to the It is further ordered, That the taking a part of the record in said proceeding. issuance of this order. of testimony and the receipt of evidence By the Commission. Wherefore, upon the agreement and begin on Thursday, May 15, 1947, at two consent of William Grassgreen, the Re­ o’clock in the afternoon of that day (east­ [ seal] O t is B. J o h n so n , gional Compliance Director^ and the ern standard time), in Room 332, Federal Secretary. Regional Attorney, and upon the ap­ Trade Commission Building, Washing­ [P. R. Doc. 47-3917; Piled, Apr. 24, 1947; proval of the Compliance Commissioner, ton, D. C. 8:50 a. m.] It is hereby ordered, That: Upon the completion of the taking of (a) Neither William Grassgreen, his testimony and the receipt of evidence in successors and assigns, nor any other support of the allegations of the com­ INTERSTATE COMMERCE person shall dp any further construction plaint, the trial examiner is directed to on the premises located at 2101 Third proceed immediately to take testimony COMMISSION Avenue, New York City, including the and receive evidence on behalf of the re­ [S. O. 396, Special Permit 174] putting up, completing or altering of any spondent. The trial examiner will then of the structures located on said prem­ R econsignment of P otatoes at S t . ises, unless hereafter specifically author­ close the taking of testimony and evi­ L o u is, M o . dence and, after all intervening proce­ ized in. writing by the Office of the dure as required by law, will close the Pursuant to the authority vested in Housing Expediter. case and make and serve on the parties me by paragraph (f) of the first order­ (b) William Grassgreen shall refer to at issue a recommended decision which ing paragraph of Service Order No. 396 this order in any application or appeal shall Include recommended findings and (10 F. R. 15008), permission is granted which he may file with the Office of the conclusions, as well as the reasons or for any common carrier by railroad sub­ Housing Expediter for priorities assist­ basis therefor, upon all the material is­ ject to the Interstate Commerce Act: ance or for authorization to carry on sues of fact, law, or discretion presented To disregard entirely the provisions construction. on the record, and an appropriate recom­ of Service Order No. 396 insofar as it (c) Nothing contained in this order mended order; all of which shall become applies to the reconsignment at St. shall be deemed to relieve William Grass­ a part of the record in said proceeding. Louis, Mo., April 21, 1947, by Simplot green, his successors and assigns, from Prod.. Co., of car PFE 52762, potatoes, any restriction, prohibition or provision By the Commission. now on the Mo. Pac. to H. Q. Hill, Nash­ contained in any other order or regu­ [ seal] O t is B. J o h n so n , ville, Tenn. (Mo. Pac-L. & N.). lation of the Office of the Housing Expe­ Secretary. The waybill shall show reference to diter, except insofar as the same may be [F. R. Doc. 47-3916; Piled, Apr. 24, 1947; this special permit. inconsistent with the provisions hereof. 8:50 a. m.] A copy of this special permit has been served upon the Association of Ameri­ Issued this 23d day of April 1947. can Railroads, Car Service Division, as O ffice of the H ousing agent of the railroads subscribing to the E xped iter , [Docket No. 5836] car service and per diem agreement un­ By J ames V. S arcone, der the terms of that agreement; and Authorizing Officer. S hepherd K nitw ear Co., I nc. notice of this permit shall be given to the general public by depositing a copy [F. R. Doc. 47-3969; Filed, Apr. 23, 1947; ORDER APPOINTING TRIAL EXAMINER AND FIX­ in the office of the Secretary of the Com­ 3:04 p. m.] ING TIME AND PLACE FOR TAKING TESTI­ mission at Washington, D. C., and by MONY filing it with the Director, Division of At a regular session of the Federal the Federal Register. [0-17] Trade Commission, held at its office in Issued at Washington, D. C., this 21st the City of Washington, D. 0., on the day of April 1947. J am es D. G iangiobbe 18th day of April A. D. 1947. CONSENT ORDER This matter being at issue and ready V . C. Clinger, for the taking of testimony and the re­ Director, James D.. Giangiobbe has been con­ ceipt of evidence, and pursuant to au­ Bureau of Service. structing a restaurant located at 601 thority vested in the Federal Trade Com­ [F. R. Doc. 47-3909; Filed, Apr. 24, 1947; Burnet Avenue, Syracuse, N. Y. He is mission, 8:50 a. m.] charged by the Office of the Housing Ex­ It is ordered, That W. W. Sheppard, a pediter with violations of Veterans’ Trial Examiner of this Commission, be Housing Program Order 1 in that (1) on and he hereby is designated and ap­ OFFICE OF HOUSING about September 16, 1946 he began con­ struction, repairs, additions and altera­ pointed to take testimony and receive EXPEDITER evidence in this proceeding and to per­ tions, without authorization, and at a form all other duties authorized by law; [CM6] cost in excess of $1,000, of a commercial It is further ordered, That the taking building located at 601 Burnet Avenue, of testimony and the receipt of evidence W illiam G rassgreen Syracuse, N. Y.; (2) on and after begin on Thursday, April 24, 1947, at CONSENT ORDER September 16, 1946 he carried on con­ eleven o’clock in the forenoon of that William Grassgreen doing business as struction, repairs, additions and altera­ day (eastern standard time), in Room Grassgreen Bldg. Contracting Co., lo­ tions, without authorization, and at a 500, 45 Broadway, New York, New York. cated at 10 Stuyvesant Street, New York cost in excess of $1,000, of a commercial Upon the completion of the taking of City, is in the building contracting busi­ building located at 601 Burnet Avenue, testimony and the receipt of evidence in ness. He is charged by the Office of the Syracuse, N. Y. support of the allegations of the com­ Housing Expediter with violations of James D. Giangiobbe admits the viola­ plaint, the trial examiner is directed to Veterans’ Housing Program Order 1 in tions charged and has consented to the proceed immediately to take testimony that (1) during November, 1946 he be­ issuance of this order. and receive evidence on behalf of the gan construction, repairs, additions and Wherefore, upon the agreement and respondent. The trial examiner will then alterations, without authorization, and consent of James D. Giangiobbe, the Re­ close the taking of testimony and evi­ at a cost in excess of $1,000, of a com­ gional Compliance Director and the Re­ dence and, after all intervening proce­ mercial building located at 2101 Third gional Attorney, and upon the approval dure as required by law, will close the Avenue, New York City; (2) during and of the Compliance Commissioner, It is case and make and serve on the parties after November 1946 he carried on con­ hereby ordered, That: at issue a recommended decision which struction, repairs, additions and alter­ (a) Neither James D. Giangiobbe, his shall include recommended findings and ations, without authorization and at a successors and assigns, nor any other conclusions, as well as the reasons or cost in excess of $1,000 of a commercial person shall do any further construction basis therefor, upon all the material building located at 2101 Third Avenue, on the premises located at 601 Burnet issues of fact, law, or discretion presented New York City. Avenue, Syracuse, N. Y., including the Friday, April 25, 1947 FEDERAL REGISTER 2673 putting up, completing or altering of any Under the authority of the Trading 2. That the property described as fol­ of structures located on said premises, with the Enemy Act, as amended, Execu­ lows: unless hereafter specifically authorized tive Order 9193, as amended, and Execu­ a. That certain debt or other obliga­ in writing by the Office of the Housing tive Order 9788, and pursuant to law, tion of Bank of the Manhattan Com­ Expediter. after investigation, it is hereby found: pany, 40 Wall Street, New York, New (b) James D. Giangiobbe shall refer 1. That Victoria Hackl Geiger Em­ York, arising out of an account entitled to this order in any application or appeal berger, Clara Emberger, Francisca Em­ Holland American Merchants Corpora­ w h ich he may file with the Office of the berger, and Klement Emberger, whose tion Special Account No. 2, and any and Housing Expediter for priority assistance last known address is Germany, are all rights to demand, enforce and collect or for authorization to carry on con­ residents of Germany and nationals of the same, and struction. a designated enemy country (Germany) ; b. That certain debt or other obliga­ (c) Nothing contained in this order 2. That all right, title, interest and tion of The Chase National Bank of the shall be deemed to relieve James D. claim of any kind or character whatso­ City of New York, 18 Pine Street, New Giangiobbe, his successors and assigns, ever of the persons named in subpara­ York, New York, in the amount of from any restriction, prohibition or pro­ graph 1 hereof in and to the estate of $54,800, as of December 19, 1946, con­ vision contained in any other order or Klement Emberger, deceased, is property stituting a portion of an account en­ regulation of the Office of Housing Ex­ payable or deliverable to, or claimed by, titled N. V. Hollandsche Koopmansbank, pediter, except insofar as the same may the aforesaid nationals of a designated Amsterdam, Holland, Special Blocked be inconsistent with the provisions enemy country (Germany) ; “E” account, and any and all rights to hereof, 3. That such property is in the process demand, enforce and collect the same, Issued this 23d day of April 1947. of administration by Franz Xavier is property within the United States Geiger, as administrator, acting under owned or controlled hy, payable or de­ O ff ic e of t h e H o using the judicial supervision of the Mercer liverable to, held on behalf of or on ac­ E xpediter, County Orphans' Court, Trenton, New count of, or owing to, or which is evidence By J ames V. S arcone, Jersey; of ownership or control by, the aforesaid Authorizing Officer. and it is hereby determined: national of a designated enemy country [F. R. Doc. 47-3970; Filed, Apr. 23, 1947; 4. That to the extent that the persons (Germany); 3:04 p. m.] named in subparagraph 1 hereof are not within a designated enemy country, and it is hereby determined: the national interest of the United States 3. That to the extent that the person DEPARTMENT OF JUSTICE named in subparagraph 1 hereof is not requires that such persons be treated as within a designated enemy country, the Office of Alien Property nationals of a designated enemy country (Germany). national interest of the United States re­ Authority: 40 Stat. 411, 55 Stat. 839, Pub. All determinations and all action re­ quires that such person be treated as a Laws 322, 671, 79th Cong., 60 Stat. 50, 925; quired by law, including appropriate national of a designated enemy country 50 U. S. C. and Supp. App. 1, 616; E. O. 9193, (Germany). July 6, 1942, 3 CFR, Cum. Supp., E. O. 9567, consultation and certification, having All determinations and all action re­ June 8, 1945, 8 CFR, 1945 Supp., E. O. 9788. been made and taken, and, it being quired by law, including appropriate con­ Oct. 14, 1946, 11 F. R. 11981. deemed necessary in the national interest, sultation and certification, having been [Vesting Order 8123, Amdt.] made and taken, and, it being deemed There is hereby vested in the Attorney necessary in the national interest. H erbert M ayer General of the United States the prop­ There is hereby vested in the Attorney erty described above, to be held, used, General of the United States the prop­ In re: Stocks owned by Herbert Mayer. administered, liquidated, sold or other­ F-28-1248-D-1, F-28-1248-D-2, F-28- wise dealt*with in the interest of and for erty described above, to be held, used, 1248-D-3. administered, liquidated, sold or other­ the benefit of the United States. wise dealt with in the interest of and for Vesting Order 8123, dated January 29, The terms “national” and “designated 1947, is hereby amended as follows and enemy country” as used herein shall have the benefit of the United States. not otherwise: By deleting from Ex­ The terms “national” and “designated the meanings prescribed in section 10 of enemy country” as used herein shall have hibit A, attached thereto and by refer­ Executive Order 9193, as amended. ence made a part thereof, the certificate the meanings prescribed in section 10 number N012338, set forth with respect Executed at Washington, D. C.T on of Executive Order 9193, as amended. to thirty (30) shares of $3.00 par value April 14, 1947. Executed at Washington, D. C., on common capital stock of Aviation Cor­ For the Attorney General. April 8, 1947. poration, 422 Lexington Avenue, New York, New York, incorporated in Dela­ [ seal] D onald C. C ook, For the Attorney General. ware, and substituting therefor the cer­ Director. [ seal] D onald C. C ook, tificate number N012448. [F. R. Doc. 47-3920; Filed, Apr. 24, 1947; Director. 8:47 a. m.] All other provisions of said Vesting [F. R. Doc. 47-3918; Filed, Apr. 24, 1947; Order 8123 and all actions taken by or 8:47 a. m.] on behalf of the Attorney General 6f the United States in reliance thereon, [Vesting Order 8672] pursuant thereto and under the author­ K alle & CO. A. G . ity thereof are hereby ratified and con­ [Vesting Order 8617] firmed. In re: Bank account and portion of bank account owned by Kalle & Co. E xportkreditbank A. G. Executed at Washington, D. C., on Aktiengesellschaft. April 16, 1947. In re: Stocks, bonds and fractional Under the authority of the Trading certificates owned by Exportkreditbank For the Attorney General. with the Enemy Act, as amended, Execu­ A. G. F-28-180-A-5. tive Order 9193, as amended, and Execu­ [seal] D onald C. C ook, Under the authority qf the Trading Director. tive Order 9788, and pursuant to law, with the Enemy Act, as amended, Execu­ after investigation, it is hereby found: tive Order 9193, as amended, and Execu­ [P. R. Doc. 47-3932; Filed, Apr. 4, 1947; 1. That Kalle & Co. Aktiengesellschaft, tive Order 9788, and pursuant to law, 8:51 a. m.] the last known address of which is Wies­ after investigation, it is hereby found: baden-Biebrich, Germany, is a corpora­ 1. That Exportkreditbank A. G., whose tion organized under the laws of Ger­ last known address is Kanonierstrasse [Vesting Order 8688] many, and which has or, since the effec­ tive date of Executive Order 8389, as 17-20, Berlin, Germany, is a corporation E lem ent E mberger amended, has had its principal place of organized under the laws of Germany, In re: Estate of Klement Emberger» business in Germany and is a national and which has, or since the effective date deceased. File No. D-28-9894; E. T. sec. of a designated enemy country (Ger­ of Executive Order 8389, as amended, 13977. many); has had its principal place of business 2674 NOTICES in Germany arid is a national of a desig­ cates, for Series B 3% Dollar bonds, in national interest of the United States nated enemy country (Germany); bearer form, of the face values and num­ requires that such person be treated as 2. That the property described as fol­ bered as follows: a national of a designated enemy coun­ lows: Num bers: Face value try (Germany). a. Those certain shares of stock de­ 065162___ $5.00 All determinations and all action re­ scribed in Exhibit A, attached hereto and 110013______10.00 quired by law, including appropriate con­ by reference made a part hereof, regis­ 271610 ______20.00 sultation and certification, having been tered in the names of the persons set 271611 ______«.______20. 00 made and taken, and, it being deemed forth in the aforesaid Exhibit, and pres­ 271612 ...... 20.00 necessary in the national interest, ently in the custody of Bank of the Man­ which fractional certificates are pres­ There is hereby vested in the Attorney hattan Company, 40 Wall Street, New ently in the custody of Bank of the Man­ General of the United States the prop­ York, New York, in an account entitled hattan Company, 40 Wall Street, New erty described above, to be held, used, ad­ Exportkreditbank A. G., Berlin, Ger­ York, New York, together with any and ministered, liquidated, sold or otherwise many, together with all declared and all rights thereunder and thereto, dealt with in the interest of and for the unpaid dividends thereon, benefit of the United States. b. Those certain bonds in bearer form is property within the United States The terms “national” and “designated described in Exhibit B, attached hereto owned or controlled by, payable or de­ enemy country” as used herein shall have and by reference made a part hereof, liverable to, held on behalf of or on account of, or owing to, or which is evi­ the meanings prescribed in section 10 of and presently in the custody of Bank of Executive Order 9193, as amended. the Manhattan Company, 40 Wall Street, dence of ownership or control by, the New York, New York, in an account en­ aforesaid national of a designated enemy Executed at Washington, D. C., on titled Exportkreditbank A. G., Berlin, country (Germany); March 31, 1947. Germany, together with any and all and it is hereby determined: For the Attorney General. rights thereunder and thereto, and 3. That to the extent that the person c. Five (5) Conversion Office for Ger­ named in subparagraph 1 hereof is not [ seal] D onald C. Cook, man Foreign Debts fractional certifi­ within a designated eneiny country, the Director.

E xhibit A

Num­ Name and address of issuer Place of incor­ Type of stock Par Certificate No, ber of Registered owner poration value shares

Alleghany Con)., Terminal Tower Bldg., New Jersey.. . $1 C068113...... _ ...... 65 L, D. Pickering & Co. Cleveland, Ohio. American Electric Securities Corp., 20 Pine I NPO-5...... so Do. St., New York, N. Y. preferred. NP-294/314_____ „______> 100 7 percent cumulative 100 NYCO-527 _...... - 100 N. V. Nederlandsch Administratie & preferred. Trustkantoor.. New Jersey__ No CC6787-6821...... UOO L. D. Pickering & Co. 7 percent cumulative 100 064...... 21 Professor Ernst Sachs. preference. No TCO-52, 114, 197, 269,164...... 126 Bayerische Stickstoff-Werke-A. G. 60 TC-177, 80, 81, 82, 83, 84, 144, 1100 224,296,202,201. TC 0-371...... 1,250 7 percent cumulative No T2P084s452,203,239,312...... >25 Do. second preferred. T2P8...... 1Ò0 100 40...... 2 Emilie Hoerling and Mildred Hoerling or the survivor thereof.

lEach. E xhibit B

Description of issue Face value Certificate No. Description of issue Faoe value Certificate No.

Chicago, Rock Island & Pacific Ry. 1 @ $1,000...... 6829.' Province of Santa Fe (Argentine 1 @ 1,000...... M4519. Co. 30-year convertible 4H percent Republic) external guaranteed gold bonds sinking fund 4 percent dollar. City of Carlsbad external sinking 5 @ 1,000...... 57, 58, 59, 60, 1254. Kingdom of Serbs, Croats and Slo­ 1@ 1,000...... M3648. fund (municipal external loan of venes 40-year secured external 8 1 @ 500...... D1309. 1924) 8 percent gold bonds. percent gold bond. Conversion office for German foreign 9 @ 100...... C066901, C 066902, CO66903, Siemens & Halske A. G. 25-year 1 @ 11,000...... M23766. debts 3 percent dollar bonds. C 066904,066882,66876,66574, sinking fund 6H percent gold bond. 66563, 66539. State of Sao Paulo 40-year (external 1 @ 11,000...... M 13562. loan of 1928) sinking fund 6 percent gold bond.

[P. R. Doc. 47-3918; Piled, Apr. 24, 1947; 8:47 a. m.]

[Vesting Order 8689] of a designated enemy country (Ger­ son, Nebraska, Referee, acting under the many) ; judicial supervision of the District Court M aria F rky et al. 2. That all right, title, interest and of Nuckolls County, Nebraska, Case No. In re: Maria Frey, plaintiff, vs. Anton claim of any kind of character whatso­ 4099; Steinhoefer et al.. Defendants. File D- ever of the persons named in subpara­ and it is hereby determined: 28-9703; E. T. sec. 13588. graph 1 hereof in and to the proceeds of 4. That to the extent that the persons Under the authority of the Trading the real estate sold pursuant to court named in subparagraph 1 hereof are not with the Enemy Act, as amended, Execu­ order in a partition suit entitled “Maria within a designated enemy country, the Frey, plaintiff, vs. Anton Steinhoefer national interest of the United States re­ tive Order 9193, as amended, and Execu­ et al., Defendants, No. 4099” in the Dis­ tive Order 9788, and pursuant to law, trict Court of Nuckolls County, Nebraska, quires that such persons be treated as after investigation, it is hereby found: Is property payable or deliverable to, or nationals of a designated enemy country 1. That Helene Steinhoefer, Josef claimed by, the aforesaid nationals of a (Germany). Frey, Maria Hg, and Therese Feistl, designated enemy country (Germany) ; All determinations and all action re­ whose last known address is Germany, 3. That such property is in the process quired bylaw, including appropriate con­ are residents of Germany and nationals of administration by W. E. Garrison, Nel­ sultation and certification, having been Friday, A pril 25, 1947 FEDERAL REGISTER 2675 made and taken, and, it being deemed For the Attorney General. Under the authority of the Trading necessary in the national interest, [ seal] D onald C. C ook, with the Enemy Act, as amended, Execu­ There is hereby vested in the Attorney Director, tive Order 9193, as amended, and Execu­ General of the United States the prop­ tive Order 9788, and pursuant to law, erty described above, to be held, used, [F. R. Doc. 47-3922; Filed, Apr. 24, 1947; after investigation, it is hereby found: administered, liquidated, sold or other­ 8:47 a. m.] 1. That Lina Niemeyer, whose last wise dealt with in the interest of and known address is Germany, is a resident for the benefit of the United States. of Germany and a national of a desig­ The terms “national” and “designated nated country (Germany); enemy country” as used herein shall have [Vesting Order 8701] 2. That all right, title, interest, and the meanings prescribed in section 10 of Henry Muller claim of any kind or character whatso­ Executive Order 9193, as amended. In re: Estate of Henry Muller, de­ ever of the person named in subpara­ Executed at Washington, D. C., on ceased. File D-28-11110; E. T. sec. graph 1 hereof in and to the estate of April 14, 1947. 15531. George W. Niemeyer, deceased, is prop­ erty payable or deliverable to, or claimed For the Attorney General. Under the authority of the Trading with the Enemy Act, as amended, Ex­ by, the aforesaid national of a designated [seal] D onald C. Cook, enemy country (Germany); Director. ecutive Order 9193, as amended, and Ex­ ecutive Order 9788, and pursuant to law, 3. That such property is in the process [F. R. Doc. 47-3921; Filed, Apr. 24, 1947; after investigation, it is hereby found: of administration by Anna Niemeyer and 8:47 a. m.J 1. That Marie Jaçzeh, Paula Hitz, Henry Lubsen, as executors, acting Helmsa Knierel, and Friederike Muller, under the judicial supervision of the whose last known address is Germany, Surrogate’s Court of Kings County, New are residents of Germany and nationals York; {Vesting Order 8696] of a designated enemy country (Ger­ and it is hereby determined : E m il ie K urtz many) ; 4. That to the extent that the person 2. That all right, title, interest and named in subparagraph 1 hereof is not In re: Estate of Emilie Kurtz, deceased. claim of any kind or character whatso­ within a designated enemy country, the File D-28-10316; E. T. sec. 14706. ever of the persons named in subpara­ national interest of the United States Under the authority of the Trading graph 1 hereof in and to the estate of requires that such person be treated as a with the Enemy Act, as amended, Execu­ Henry Muller, deceased is property pay­ national of a designated enemy country tive Order 9193, as amended, and Execu­ able or deliverable to, or claimed by, the (Germany). tive Order 9788, and pursuant to law, aforesaid nations of a designated enemy All determinations and all action re­ after investigation, it is hereby found: country (Germany) ; quired by law, including appropriate con­ 1. That the University of Munich, 3. That such property is in the process sultation and certification, having been whose last known address is Munich, of administration by Phil C. Katz, as made and taken, and,; it being deemed Germany, is an organization organized administrator, acting under the judicial necessary in the national interest, under the laws of Germany, and is a supervision of the Superior Court of the There is hereby vested in the Attorney national of a designated enemy coun­ State of California, in and for the City General of the United States the property try ifctermany); and County of San Francisco; described above, to be held, used, admin­ 2. That all right, title, interest and and it is hereby determined: istered, liquidated, sold or otherwise dealt claim of any kind or character whatso­ with in the interest of and for the benefit ever of the person identified in subpara­ 4. That to the extent that the persons of the United States. graph 1 hereof in and to the Estate of named in subparagraph 1 hereof are not The terms “national” and “designated Emilie Kurtz, deceased, is property pay­ within a designated enemy country, the enemy country” as used herein shall have able or deliverable to, or claimed by, the national interest of the United States the meanings prescribed in section 10 of aforesaid national of a designated enemy requires that such persons be treated as Executive Order 9193, as amended. country (Germany); nationals of a designated enemy coun­ 3. That such property is in the proc­ try (Germany). Executed at Washington, D. C., on ess of administration by Alice C. Toon, All determinations and all action re­ April 14, 1947. as Executrix, acting under the judicial quired by law, including appropriate con­ For the Attorney General. sultation and certification, having been supervision of the Essex County Or­ [seal] Donald C. Cook, phans’ Court, Newark, New Jersey; made and taken, and, it being deemed necessary in the national interest, Director. and it is hereby determined: There is hereby vested in the Attorney [F. R. Doc. 47-3924; Filed, Apr. 24, 1947; 4. That to the extent that the person General of the United States the property 8:48 a. m.] identified in subparagraph 1 hereof is not described" above, to be held, used, admin­ within a designated enemy country, the istered, liquidated, sold or otherwise national interest of the United States dealt with in the interest of and for the requires that such person be treated as benefit of the United States. [Vesting Order 8719] a national of a designated enemy coun­ The terms “national” and “designated SHOGO M uto try (Germany). enemy country” as used herein shall have All determinations and all action re­ the meanings prescribed in Section 10 of In re: Debt owing to Shogo Muto. Executive Order 9193, as amended. D-39-15621-C-1, D-39-15621-E-1. quired by law, Including appropriate Under the authority of the Trading consultation and certification, having Executed at Washington, D. C., on with the Enemy Act, as amended, Execu­ been made and taken, and, it being April 14, 1947. tive Order 9193, as amended, and Execu­ deemed necessary in the national interest, For the Attorney General. tive Order 9788, and pursuant to law, There is hereby vested in the Attorney after investigation, it is hereby found: General of the United States the prop­ [seal] Donald C. Cook, Director. 1. That Shogo Muto, whose last known erty described above, to be held, used, address is Japan, is a resident of Japan administered, liquidated, sold or other­ [F. R. Doc. 47-3923; Filed, Apr. 24, 1947; and a national of a designated enemy wise dealt with in the interest of and 8:48 a. m .] country (Japan); for the benefit of the United States. 2. That the property described as fol­ The terms “national” and “designated lows: All those debts or other obliga­ enemy country” as used herein shall have [Vesting Order 8702] tions owing to Shogo Muto, by Akira the meanings prescribed in section 10 Komai, 1346 West 87th Street, Los An­ of Executive Order 9193, as amended. George W. Niemeyer geles 7, California, including particularly Executed at Washington, D. C., on In re: Estate of George W. Niemeyer, but not limited to a portion of the sum April 14, 1947. deceased. File No. D-28-9289; E. T. sec. of money on deposit with Bank of No. 82-— s 12211. . America, National Trust and Savings As- 2676 NOTICES sociation, 660 South Spring Street, Los ance policies, particularly described ifl otherwise dealt with in the interest of Angeles 54, California, in a Checking Ac­ Exhibit B, attached hereto and by ref­ and for the benefit of the United States. count, entitled Akira Komai, maintained erence made a part hereof, which policies The terms "national” and "designated at the branch office of the aforesaid bank insure the property described in subpara­ enemy country” as used herein shall have located at 220 N. Main Street, Los An­ graph 2-a hereof, the meanings prescribed in section 10 of Executive Order 9193, as amended. geles, California, and any and all rights is property within the United States to demand, enforce and collect the same, o^hed or controlled by, payable or de­ Executed at Washington, D. C.,‘ on is property within the United States liverable to, held on behalf of or on ac­ April 16,1947. owned or controlled by, payable or de­ count of, oj owing to, or which is evi­ For the Attorney General. liverable to, held on behalf of or on ac­ dence of ownership or control by, the count of, or owing,to, or which is evi­ aforesaid national of a designated enemy [ seal] D onald C. C o o k , dence of ownership or control by, the country (Japan); Director. aforesaid national of a designated enemy and it is hereby determined: Exhibit A country (Japan); 3. That to the extent that the person All that certain seal property situate, lying and it is hereby determined: named in subparagraph 1 hereof is not and being in the City and County of San 3. That to the extent that the person within a designated enemy country, the Francisco, State of California, described as named in subparagraph 1 hereof is not national interest of the United States re­ follows, to-wit: within a designated enemy country, the quires that such person be treated as a Beginning at the point of intersection of national interest of the United States national of a designated enemy country the southerly line of Geary Street and the requires that such person be treated as a (Japan). easterly line of Buchanan Street; running national of a designated enemy country All determinations and all action re­ thence easterly along said line of Geary ,(Japan). quired by law, including appropriate con­ Street 62 feet; thence at a right angle south­ All determinations and all action re­ sultation and certification, having been erly 14 feet 6 inches; thence at a right angle quired by law, including appropriate con­ made and taken, and, it being deemed easterly 5% inches; thence at a right angle sultation and certification, having been necessary in the national interest, southerly 19 feet 5 inches; thence at a right made and taken, and, it being deemed There is hereby vested in the Attorney angle westerly 5% inches; thence at a right necessary in the national interest, General of the United States the prop­ angle southerly 28 feet 3 inches; thence at a There is hereby vested in the Attorney erty described in subparagraph 2-a right angle easterly 5% inches; thence at a General of the United States the prop­ hereof, subject to recorded liens, encum­ righ t angle southerly 19 feet 3% inches; erty described above, to be held, used, brances and other rights of record held thence at a right angle westerly 5% inches; thence at a right angle southerly 18 feet 6 % administered, liquidated, sold or other­ by or for persons who are not nationals wise dealt with in the interest of and of designated enemy countries, and Inches; thence at a right angle westerly 62 for the benefit of the United States. There is hereby vested in the Attorney feet to the easterly line of Buchanan Street; The terms "national” and "designated General of the United States the prop­ thence at a right angle northerly along said enemy country” as used herein shall have erty described in subparagraph 2-b line of Buchanan Street 100 feet to the point hereof, of beginning. the meanings prescribed in section 10 of Being a portion of Western Addition Block Executive Order 9193, as amended. All such property so vested to be held, used, administered, liquidated, sold or No. 230. Executed at Washington, D. C., on April 14, 1947. E xhibit B Expiration For the Attorney General. Amount Policy No. Insurer Type date [seal] Donald C. Cook, Director. Buildings...... $6,000 Mar. 7,1960 A-112616 Fireman’s Fund Insurance Co., Fire and Extended— [F. R. Doc. 47-3925; Filed, Apr. 24, 1947; Furnishings_____ 1,000 San Francisco, Calif. Buildings...... 4,000 Do. 8:48 a. m.] 88702 Firemen’s Insurance Co. of Newark, N. J. Furnishings...... 1,000

[F. R. Doc. 47-3926; Filed, Apr. 24, 1947; 8:48 a. m.] [Vesting Order 8732]

S unao Y o sh im ura [Vesting Order 8739] ter, deceased, and in and to the trust In re: Real property and property in­ created under the will of Katherine Ries­ surance policies owned by Sunao Yoshi- Katherine Riester ter, deceased, is property payable or de­ mura. In re: Estate of Katherine Riester, de­ liverable to, or claimed by, the aforesaid Under the authority of the Trading ceased, and T/W of Katherine Riester, nationals of a designated enemy coun­ with the Enemy Act, as amended, Execu­ deceased. File D-28-10745; E. T. sec. try (Germany) ; tive Order 9193, as amended, and Execu­ 15113. 4. That such property lain the process tive Order 9788, and pursuant to law, Under the authority of the Trading of administration by Charles J. Schuck, after investigation, it is hereby found: with the Enemy Act, as amended, Execu­ executor and trustee, acting under the 1. That Sunao Yoshimura, whose last tive Order 9193, as amended, and Execu­ judicial supervision of the County Court known address is Miyoshimachi, Kuku- tive Order 9788, and pursuant to law, of Ohio County, Wheeling, West Vir­ yama, Japan, is a resident of Japan and after investigation, it is hereby found: ginia; a national of a designated enemy coun­ 1. That Katherine Volk, Antonia Weef, and it is hereby determined: try (Japan); Berta Findling, and Theresia Vollmer, 5. That to the extent that the above- 2. That the property described as whose last known address is Germany, named persons and the children of Lou­ follows: are residents of Germany and nationals isa Beiter, deceased, names unknown, a. Real property situated in the City of a designated enemy country (Ger­ are not within a designated enemy coun­ and County of San Francisco, State of many) ; try, the national interest of the United California, particularly described in Ex­ 2. That the children of Louisa Beiter, States requires that such persons be hibit A, attached hereto and by reference deceased, names unknown, who there is treated as nationals of a designated en­ made a part hereof, together with all reasonable cause to believe are residents emy country (Germany). hereditaments, fixtures, improvements of Germany, are nationals of a desig­ All determinations and all action re­ and appurtenances thereto, and any and nated enemy country (Germany); quired by law, including appropriate con­ all claims for rents, refunds, benefits or 3. That all right, title, interest and sultation and certification, having been other payments arising from the owner­ claim of any kind or character whatso­ made and taken, and, it being deemed ship of such property, and ever of the persons named in subpara­ necessary in the national interest, b. All right, title and interest of Sunao graphs 1 and 2 hereof, and each of them, There is hereby vested in the Attorney Yoshimura in and to the property insur­ in and to the estate of Katherine Ries- General of the United States the property Friday, A pril 25, 1947 FEDERAL REGISTER 2677 described above, to be held, used, admin­ [Vesting Order 8737] whose last known address is Germany, istered, liquidated, sold or otherwise dealt J ane B o y n t o n M o n k s are residents of Germany and nationals with in the interest of and for the benefit of a designated enemy country (Ger­ of the United States. Estate of Jane Beynton Monks, de­ many) ; The terms “national” and “designated ceased. File No. D-28-9804; E. T. sec. 2. That all right, title, interest and enemy country” as used herein shall have 13815. claim of any kind or character what­ the meanings prescribed in section 10 of Under the authority of the Trading soever of the persons identified in sub- Executive Order 9193, as amended. with the Enemy Act, as amended, Execu­ tive Order 9193, as amended, and Execu­ paragraph 1 hereof, and each of them, Executed at Washington, D. C., on tive Order 9788, and pursuant to law, in and to and arising out of or under April 16, 1947. that certain trust agreement dated Jan­ after investigation, it is hereby found: uary 6, 1941, by and between Emil Max For the Attorney General. 1. That Eberhard Hempel and Eliza­ beth S. Hempel whose last known ad­ Senger and Integrity Trust Company, [seal] D onald C . C ook, dress is Germany, are residents of Ger­ and in and to all property held there­ Director. under by Land Title Bank and Trust many and nationals of a designated Company, as substituted trustee, is prop­ [P. R. Doc. 47-3929; Piled, Apr. 24, 1947; enemy country (Germany) ; erty within the United States owned or 8:51 a. m.] 2. That all right, title, interest and controlled by, payable or deliverable to, claim of any kind or character whatso­ held on behalf of or on account of, or ever of the persons named in subpara­ owing to, or which is evidence of owner­ graph 1 hereof, and each of them, in ship or control by, the aforesaid na­ [V esting Order 8736J and to the estate of Jane Boynton Monks, deceased, is property payable or tionals or a designated enemy country F a n n ie M iller (Germany) ; deliverable to, or claimed by, the afore­ In re: Estate of Fannie Miller, de­ said nationals of a designated enemy 3. That such property is in the proc­ ceased. File No. D-28-11072; E. T. sec. country (Germany) ; ess of administration by Land Title Bank 15505. 3. That such property is in the process and Trust Company, as substituted trus­ Under the authority of the Trading of administration by Standish Bradford, tee, acting under the judicial supervi­ with the Enemy Act, as amended, Execu­ 50 Federal Street, Boston, Massachu­ sion of the Orphans’ Court of Philadel­ tive Order 9193, as amended, and Exec­ setts, as executor, acting under the ju­ phia County, Pennsylvania; utive Order 9788, and pursuant to law, dicial supervision of the Probate Court, and it is hereby determined: after investigation, it is hereby found: Essex County; Massachusetts; 4. That to the extent that the persons 1. That Edward Mailler, whose last identified in subparagraph 1 are not known address is Germany, is a resident and it is hereby determined: within a designated enemy country, the ef Germany and a national of a desig­ 4. That to the extent that the persons national interest of the United States nated enemy country (Germany) ; named in subparagraph 1 hereof are not requires that such persons be treated as 2. That all right, title, interest and within a designated enemy country, the nationals of a designated enemy coun­ claim of any kind or character whatso­ national interest of the United States try (Germany). ever of the person named in subpara­ requires that such persons be treated as All determinations and all action re­ graph 1 hereof in and to the Estate of nationals of a designated enemy country quired by law, including appropriate con­ Fannie Miller, deceased, is property pay­ (Germany). sultation and certification, having been able to or deliverable to, or claimed by, All determinations and all action re­ made and taken, and, it being deemed the aforesaid national of a designated quired by law, including appropriate necessary in the national interest. enemy country (Germany) ; consultation and certification, having There is hereby vested in the Attorney 3. That such property is in the proc­ been made and taken, and, it being General of the United States the prop­ ess of administration by William H. deemed necessary in the national erty described above, to be held, used, Jantzen, as Executor, acting under the interest, administered, liquidated, sold or other­ judicial supervision of the Surrogate’s There is hereby vested in the Attorney wise dealt with in the interest of and for Court, Erie County, Buffalo, New York; General of the United States the prop­ erty described above, to be held, used, the benefit of the United States. and it is hereby determined: administered, liquidated, sold or other­ The terms “national” and “designated 4. That to the extent that the person wise dealt with in the interest of and for enemy county” as used herein shall have named in subparagraph 1 hereof is not the benefit of the United States. the meanings prescribed in section 10 of within a designated enemy country, the The terms “national” and “designated Executive Order 9193, as amended. national interest of the United States re­ enemy country” as used herein shall have Executed at Washington, D. C., on quires that such person be treated as a the meanings prescribed in section 10 of April 16,1947. national of a designated enemy country Executive Order 9193, as amended. For the Attorney General. (Germany). All determinations and all action re­ Executed at Washington, D. C., on [ seal] D onald C. C o o k , quired by law, including appropriate con­ April 16, 1947. Director. sultation and certification, having been For the Attorney General. [F. R. Doc. 47-3930; Piled, Apr. 24, 1947; made and taken, and, it being deemed 8:51 a. m.] necessary in the national interest, [ seal] D onald C. C o o k , There is hereby vested in the Attorney Director. General of the United States the property [P. R. Doc. 47-3928; Filed, Apr. 24, 1947; described above, to be held, used, admin­ 8:48 a. m.] [Vesting Order 8745] istered, liquidated, sold or otherwise dealt with in the interest of and for the benefit A n n a G öhde of the United States. In re: Cash owned by Anna Göhde. The terms “national” and “designated [Vesting Order 8740] F-28-23936-A-1. Under the authority of the Trading enemy country” as used herein shall have E m il M ax S enger the meanings prescribed in section 10 of with the Enemy Act, as amended, Execu­ Executive Order 9193, as amended. In re: T/D of Emil Max Senger. File tive Order 9193» as amended, and Execu­ F-28-12242; E. T. sec. 15907. tive Order 9788, and pursuant to law, Executed at Washington, D. C., on Under the authority of the Trading after investigation, it is hereby found: April 16, 1947. with the Enemy Act, as amended, Execu­ 1. That Anna Göhde, whose last known For the Attorney General. tive Order 9193, as amended, and Execu­ address is Brüttendorf, Kreis, Zeven, tive Order 9788, and pursuant to law, Germany, is a resident of Germany and a [seal] D onald C . C ook, after investigation, it is hereby found: national of a designated enemy country Director. 1. That Hans Senger (Heinz Senger), (Germany); [P. R. Doc. 47-3027; Piled, Apr. 24, 1947; Gretchen Senger Eckern (Grete Senger) f 2. That the property described as fol­ 8:48 a. m.] and Klaud Walters (Klaus Walters), lows: Cash in the sum of $1,607.11, pres- 2678 NOTICES ently in the possession of the Attorney within a designated enemy country, the with in the interest of and for the benefit General of the United States in Col­ national interest of the United States of the United States. lection Account, Symbol 896-027, requires that such person be treated as a The terms “national'’ and “designated national of a designated enemy country enemy country” as used herein shall have is property within the United States the meanings prescribed in section 10 of owned or controlled by, payable or de­ (Germany). Executive Order 9193, as amended. liverable to, held on behalf of or on ac­ All determinations and all action re­ count of, or owing to, or which is evidence quired by law, including appropriate con­ Executed at Washington, D. C., on of ownership or control by, the aforesaid sultation and certification, having been April 16, 1947. national of a designated enemy country made and taken, and, it being deemed For the Attorney General. (Germany); necessary in the national interest, There is hereby vested in the Attorney [ seal] D onald C . C ook, and it is hereby determined: General of the United States the property Director. 3. That to the extent that the person described above, to be held, used, admin­ [P. R. Doc. 47-3931; Piled, Apr. 24, 1947; named in subparagraph 1 hereof is not istered, liquidated, sold or otherwise dealt 8:51 a. m.]