• ' I ITTI? O a t * EXISTER VOLUME 15 ^ C ^ number 106 Washington, Friday, June 2, 1950

TITLE 3— THE PRESIDENT tectorate), Northern , Nyasa- CONTENTS land , St. Helena and PROCLAMATION 2891 Ascension, , Sierra Leone (Col­ THE PRESIDENT ony and Protectorate), Somaliland Pro­ Proclamations Pase T ermination op P roclamation N o. 2608 op tectorate, , Swaziland, Copyright extension: M arch 10, 1944,1 E ntitled “C opyright Trans-Jordan, Trinidad and Tobago, France; termination of Procla­ E x t en sio n : U nited K ingdom of G reat Protectorate, and Windward mation 2722______... 3445 B ritain and N orthern I reland (I n ­ Islands (Dominica, St. Vincent, Grenada, New Zealand; termination of cluding C ertain B ritish T erritories) Proclamation 2729______3445 St. Lucia), and by citizens of and P alestine” of Great Brit­ (excluding Trans-Jordan) who had been ain and Northern Ireland (in­ BY THE PRESIDENT OF THE UNITED STATES unable to comply with such conditions cluding certain British terri­ OF AMERICA and formalities because of the disruption tories) and Palestine; termi­ or suspension of the facilities essential to nation of Proclamation 2608_ 3443 A PROCLAMATION Flag Day, 1950______3445 such compliance; and WHEREAS Proclamation No. 2608 of WHEREAS the said section 9 of title EXECUTIVE AGENCIES March 10,1944 (58 Stat. 1129), which was 17 of the United States Code authorizes Agriculture Department issued under the authority of the act of the President to terminate any such See Production and Marketing Congress approved September 25, 1941, proclamation at any time; and Administration. 55 Stat. 732, the provisions of which have WHEREAS the said Proclamation No. Alien Property, Office of been included in section 9 of title 17 of the 2608 provides that the extension of time Notices: United States Code, as codified and en­ granted thereby shall continue in effect Vesting orders, etc.: acted into positive law by the act of until such proclamation is suspended or Albrecht, Dora______3471 Bertrand, Jean Pierre.______3472 Congress approved July 30,1947, 61 Stat. terminated by the President; and 652, proclaimed an extension of time for Canton, Jean Eugene..!_____ 3473 WHEREAS it appears that the na­ Degrelle, Georges______3472 compliance with the conditions and for­ tionals and citizens of the aforemen­ Delalandre, Camille______3473 malities prescribed by the copyright laws tioned countries and territories will have De Sternberg, Jaime______3473 of the United States of America by Brit­ had ample time to comply with the con­ Eichhorn, Charles______3471 ish nationals of the United Kingdom of ditions and formalities prescribed by the Fiederer, Mrs. Anna Schwartz. 3473 Heyning, Geldolph A ______3473 Great Britain and Northern Ireland, copyright laws of the United States of British , British Burma, Southern Meyer, Raymond______3472 America by December 29, 1950, and that Ordman, Anna W., and Max Rhodesia, Colony, Bahamas, Bar­ termination of the proclamation as of D. Ordmann______3474 bados, , Bechuanaland Pro­ that date would be in the interest of the Psiachi, Etienne J______‘___ 3473 tectorate, , , United States of America: Ronkendorf, Henry Peter____ 3471 , British Solomon Is­ Volochine, Theodore..______3472 NOW, THEREFORE, I, HARRY S. lands Protectorate, Ceylon, , Falk­ Weih, Otto, et al______3471 TRUMAN, President of the United States land Islands and Dependencies, Fiji, Wolff, Ellen______3472 of America, under and by virtue of the Gambia (Colony and Protectorate), Customs Bureau authority vested in me by the aforesaid , Gilbert and Ellice Islands Col­ Rules and regulations: section 9 of title 17 of the United States Appraisement. . . ______3450 ony, Gold Coast ((a ) Colony, (b) Ashanti, Code, do hereby proclaim that the afore­ Articles conditionally free, sub­ (c) Northern Territories), Hong Kong, said Proclamation No. 2608 of March 10, ject to reduced rate, etc______3450 Jamaica (including Turks and Caicos 1944, and the extension of time granted Customs financial and account­ Islands and the ), thereby, shall terminate on December ing procedure; authority to (Colony and Protectorate), Leeward 29, 1950. incur expenses______3451 Transportation " in bond and Islands (, , St. Chris­ IN WITNESS WHEREOF, I have here­ merchandise in tra n sit....__ 3450 topher and , Virgin Islands), Malta, unto set my hand and caused the Seal of Federal Power Commission , Nigeria ((a ) Colony, (b) Pro- the United States of America to be af­ fixed. Notices: 3 3 CFR, 1944 Supp. Hearings, etc: (Continued on p. 3445) Alum Rock Gas Co______3469 3443 3444 THE PRESIDENT CONTENTS— Continued CONTENTS— Continued Federal Power Commission— Page Securities and Exchange Com- page FEDERAL^REGISTER Continued mission %, 1934 “ lA u -r c ti* ? Notices—Continued Rules and regulations: Hearings, etc.—Continued Securities Exchange Act: Missouri Public Service Corp_ 3469 Exemption of warrants------3449 Published daily, except Sundays, Mondays, Oklahoma Gas and Electric Forms prescribed.------3450 and days following official Federal holidays, Co______3469 Treasury Department by the Division of the Federal Register, Pacific Gas andElectric Co_ 3469 See Customs Bureau; Internal National Archives and Records Service, Gen­ Reynosa Pipe Line Co------3469 Revenue Bureau. eral Services Administration, pursuant to the Sater, F. W ______3469 authority contained in the Federal Register Southern California Edison Veterans’ Administration Act, approved July 26, 1935 (49 Stat. 500, as Rules and regulations: amended; 44 U. S. C., ch. 8B) , under regula­ Co______3469 United Gas Pipe Line Co----- 3469 Vocational rehabilitation and „ tions prescribed by the Administrative Com­ education; registration and mittee of the Federal Register, approved by Federal Trade Commission research______— 3452 the President. Distribution is made only by Rules and regulations:" the Superintendent of Documents, Govern­ Cease and desist orders: War Claims Commission ment Printing Office, Washington 25, D. C. Rules and regulations: The regulatory material appearing herein Bond Trading Co. et al------3449 Steelco Stainless Steel, Inc., Receipt, adjudication and pay­ is keyed to the Code of Federal Regulations, ment; provisions of general which is published, under 50 titles, pursuant et al------— 3447 applications; dependent------3452 to section 11 of the Federal Register Act, as Interior Department amended June 19, 1937. See Land Management, Bureau of. The F ederal R egister will be furnished by CODIFICATION GUIDE mail to subscribers, free of postage, for $1.50 Internal Revenue Bureau per month or $15.00 per year, payable in Proposed rule making: A numerical list of the parts of the Code of Federal Regulations affected by documents advance. The charge for individual copies Rum, dénaturation------3453 (minimum 15tf) varies in proportion to the published in this issue. Proposed rules, as size of the issue. Remit check or money Interstate Commerce Commis­ opposed to final actions, are identified as order, made payable to the Superintendent sion such. of Documents, directly to the Government Printing Office, Washington 25, D. C. Notices : Title 3 Pa§e There are no restrictions on the republica­ Applications for relief: Chapter I (Proclamations): tion of material appearing in the F ederal Acids and chemicals from 2608 (terminated by Proc. 2891). 3443 R egister. Brownsville, Tex., to offi­ 2722 (terminated by Proc. 2892). 3445 cial and southern terri- 2729 (terminated by Proc. 2893). 3445 tories______3470 2891 ______—______3443 1949 Edition Soda in official territory.-— 3470 2892______— 3445 Sugar from South Pacific 2893 ______3445 Coast to Missouri and Illi­ 2894______— 3445 CODE OF FEDERAL nois ______3470 Title 7 REGULATIONS Wallpaper from Illinois to trunk line territory------3470 Chapter IX : The following books are now available: Rules and regulations: Part 908 (proposed)______3466 Car service: Part 936______3446 Titles 1-3 ($2.50) Refrigerator cars for trans­ Part 981______3447 Title 3, 1949 Supp. ($1.75) porting cotton------3452 Title 16 Substitution of refrigerator Chapter I: cars for box cars."______3453 POCKET SUPPLEMENTS- Part 3 (2 documents)__ — 3447,3449 (For Use During 1950) Justice Department Title 17 See Alien Property, Office of. Chapter II: The following Pocket Supplements are now Part 240— ______3449 available: Land Management, Bureau of Notices: Part 249______._____ 3450 Title 21 ($0.30) California; classification ordèrs Title 19 Titles 22-23 ($0.25) (2 documents)------3468 Chapter I: Title 24 ($0.55) Post Office Department Part 10______3450 Part 14______3450 Notices: Previously announced: Titles 4—5 ($0.30); Reorganization______3466 Part 18______3450 Title 6 ($1.00); Title 7: Parts 1-209 Part 24_____ 3451 ($0.55); Parts 210-899 ($0.75); Parts 900 Rules and regulations: to end ($0.75); Title 8 ($0.20); Title 9 Postal service, international; Title 20 ($0.20); Titles 10-13 ($0.20); Title 15 Hungary------3452 Chapter n t ($0.40); Title 16 ($0.25); Title 17 ($0.20); Production and Marketing Ad­ Part 320------3451 Title 18 ($0.20); Title 19 ($0.20); Title 20 ministration Title 26 ($ 0.20) Proposed rule making: Chapter I: Potatoes, Irish, in California Part 187 (proposed)------3453 Order from Superintendent of Documents, (except Modoc and Siskiyou Title 38 Government Printing Office, Washington Counties)______3466 Chapter I: 25, D. C. Rules and regulations: Part 21______— 3452 Peaches, Elberta, in California— 3446 Title 39 Potatoes, Irish, in Southeastern Chapter I: States; limitation of ship­ Part 127------3452 CONTENTS— Continued ments______3447 Title 45 Federal Power Commission— Page Railroad Retirement Board Chapter V: Continued Rules and regulations: Part 506—______3452 Notices—Continued Determination by regional of­ Hearings, etc.—Continued fices and appeals ffom such Title 49 East Ohio Gas Co______— 3469 determinations; miscellane­ Chapter I: Iowa Power and Light Co.___ 3470 ous amendments------3451 Part 95 (2 documents)_____ 3452,3453 Friday, June 2, 1950 FEDERAL REGISTER 3445

DONE at the City of Washington this of the United States of America to be Seal of the United States of America to 26th day of May in the year of our Lord affixed.^ be affixed. nineteen hundred and fifty and DONE at the City of Washington this DONE at the City of Washington this [ se al] of the Independence of the 26th day of May in the year of our Lord 26th day o f May in the year of our Lord United States of America the nineteen hundred and fifty and nineteen hundred and fifty one hundred and seventy-fourth. [ se al] of the Independence of the [ s e a l] and of the Independence of United States of America the H arry S. T r u m a n the United States of America one hundred and seventy-fourth. the one hundred and seventh-fourth. By the President: H arry S. T r u m a n H arry S. T r u m a n Tam es E. W ebb, Acting Secretary of State. By the President: By the President: Jam es E. W ebb, J am es E. W ebb, [P. R . Doc. 50-4778; Filed, May 81, 1950; 2:35 p. m.] Acting Secretary of State. Acting Secretary of State. [F. R. Doc. 50-4781; Filed, May 81, 1950; [F. R. Doc. 50—4779; Filed, May 31, 1950; 2:36 p. m.] 2:35 p. m.] PROCLAMATION 2892

T e r m in a t io n o f P roclamation N o . 2722 o f M arch 27, 1947,1 E n t it l e d “C o p y ­ PROCLAMATION 2893 PROCLAMATION 2894 r ig h t E x t e n s io n : F r ance” T e r m in a t io n of P roclamation N o . 2729 F lag D a y , 1950 BY THE PRESIDENT OF THE UNITED STATES o f A p r il 24, 1947,1 E n t it l e d “C o p y ­ BY THE PRESIDENT OF THE UNITED STATES rig h t E x t e n s io n : N e w Z ealand” OF AMERICA OF AMERICA A PROCLAMATION BY THE PRESIDENT OF THE UNITED STATES A PROCLAMATION WHEREAS, under the authority of the OF AMERICA A PROCLAMATION WHEREAS the annual celebration of act of Congress approved September 25, the birthday of our flag is a cherished 1941, 55 Stat. 732, the provisions of WHEREAS, under the authority of the national custom; and which have been included in section 9 of act of Congress approved September 25, WHEREAS the Congress, by a joint title 17 of the United States Code, as codi­ 1941, 55 Stat. 732, the provisions of which resolution approved August 3, 1949 (63 fied and enacted into positive law by the have been included in section 9 of title 17 Stat. 492), has designated June 14 of act of Congress approved July 30, 1947, of the United States Code, as codified and each year as Flag Day, and has requested 61 Stat. 652, I issued Proclamation No. enacted into positive law by the act of the President to issue annually a procla­ 2722 of March 27, 1947 (61 Stat. 1057), Congress approved July 30,1947, 61 Stat. mation calling for the observance of which proclaimed an extension of time 652, I issued Proclamation No. 2729 of that day; and for compliance with the conditions and April 24, 1947 (61 Stat. 1065), which WHEREAS the flag arouses in the formalities prescribed by the copyright proclaimed an extension of time for com­ hearts of Americans deep sentiments of laws of the United States of America by pliance with the conditions and formal­ gratitude for the freedom it symbolizes citizens of France who had been unable ities prescribed by the copyright laws of and for the protection from tyranny it to comply with such conditions and for­ the United States of America by citizens assures: malities because of the disruption or sus­ of New Zealand who had been unable to NOW, THEREFORE, I, HARRY S. pension of the facilities essential to such comply with such conditions and formal­ TRUMAN, President of the United States compliance; and ities because of the disruption or suspen­ of America, do hereby call upon the ap­ WHEREAS the said section 9 of title sion of the facilities essential to such propriate officials of the Federal Gov­ 17 of the United States Code authorizes compliance; and ernment, and of the State and local the President to terminate any such WHEREAS the said section 9 of title 17 Governments, to arrange for the display proclamation at any time; and of the United States Code authorizes the of the flag of our Republic on all public WHEREAS the said Proclamation No. President to terminate any such procla­ buildings on Flag Day, June 14,1950; and 2722 provides that the extension of time mation at any time; and I urge the people of our Nation to ob­ granted thereby shall continue in effect WHEREAS the said Proclamation No. serve that day as the anniversary of the until such proclamation is suspended or 2729 provides that the extension of time adoption on June 14, 1777, by the Con­ terminated by the President; and granted thereby shall continue in effect tinental Congress, of the Stars and WHEREAS it appears that the citizens until such proclamation is suspended or Stripes as the official flag of the United of France will have had ample time to terminated by the President; and States of America, by flying the flag at comply with the conditions and formali­ WHEREAS it appears that the citizens their homes or other suitable places and ties prescribed by the copyright laws of of New Zealand will have had ample time by participating in ceremonies especially the United States of America by Decem­ to comply with the conditions and for­ designed to honor our national emblem. ber 29,1950, and that termination of the malities prescribed by the copyright laws IN WITNESS WHEREOF, I have proclamation as of that date would be of the United States of America by De­ hereunto set my hand and caused the in the interest of the United States of cember 29,1950, and that termination of Seal of the Upited States of America to America: the proclamation as of that date would be affixed. NOW, THEREFORE, I, HARRY S. be in the interest of the United States of DONE at the City of Washington this TRUMAN, President of the United States Am6ricdi * 27th day of May in the year of our Lord of America, under and by virtue of the NOW, THEREFORE, I, HARRY S. nineteen hundred and fifty, and authority vested in me by the aforesaid TRUMAN, President of the United [ s e a l] of the Independence of the section 9 of title 17 of the United States States of America, under and by virtue United States of America the Code, do hereby proclaim that the afore­ of the authority-Vested in me by the one hundred and seventy-fourth. said Proclamation'No. 2722 of March 27, aforesaid section 9 of title 17 of the 1947, and the extension 6f time granted United States-Code, do hereby proclaim H arry S. T r u m a n thereby, shall terminate on December 29, that the aforesaid Proclamation No. 2729 By the President: 1950. of April 24, 1947, and the extension of IN WITNESS WHEREOF, I have here­ time granted thereby, shall terminate on J am es E. W ebb, unto set my hand and caused the Seal December 29, 1950. Acting Secretary of State. IN WITNESS WHEREOF, I have [F. R. Doc. 50-4780; Filed, May 31, 1950; 13 CFR, 1947 Supp. hereunto set my hand and caused the 2:35 p. m.j 3446 FEDERAL REGISTER

RULES AND REGULATIONS

TITLE 7— AGRICULTURE the act; and compliance with the provi­ to yellow in color. “Peaches which are sions of this section will not require of not hard” yield to moderate pressure at Chapter IX— Production and Mar­ handlers any preparation therefor which least slightly at the suture and tip and keting Administration (Marketing cannot be completed by the effective time at least vary slightly elsewhere. hereof. (3) As used in this section, the size Agreements and Orders), Depart­ of Elberta peaches known commercially ment of Agriculture (b) Order. (1) During the period be­ ginning at 12:01 a. m., P. s. t., June 15, as size 75 is defined more specifically as [Elberta Peach Order 1] 1950, and ending at 12:01 a. m., P. s; t., being the size that will pack the afore­ said California peach box in accordance P art 936—F resh B artlett P ears, P l u m s , September 16, 1950, no shipper shall ship: with the aforesaid standard pack speci­ and E lberta P eaches G r o w n i n C a l i­ fications with two tiers, each having fo r nia (1) Any package or container of El­ berta peaches containing peaches Which three rows of six peaches each and three REGULATION BY GRADES AND SIZES are not well matured (as such term is rows of seven peaches each with no defined in subparagraph (2) of this peach small enough to pass through, § 936.374 Elberta Peach Order 1— without using pressure, a rigid ring of (a) Findings. (1) Pursuant to the mar­ paragraph), with a tolerance of twenty- five (25) percent, by count, for peaches inside diameter of 2 % inches. keting agreement, as amended, and Or­ (4) As used in this section, the size der No. 36, as amended (7 CFR Part 936; which are mature but not well matured in addition to any tolerance for imma­ of Elberta peaches known commercially 14 F. R. 2684), regulating the handling as size 70 is defined more specifically as of fresh Bartlett pears, plums, and El­ ture peaches allowed by the U. S. No. 1 grade; ~~ being the size that will pack the afore­ berta peaches grown in the State of said California peach box in accordance California, effective under the applicable (ii) Any package or container of El­ berta peaches containing peaches which with the aforesaid'standard pack speci­ provisions of the Agricultural Market­ fications with two tiers having six rows ing Agreement Act of 1937, as amended, are smaller than a size that will pack 72 peaches of the size known commercially of six peaches each with no peach small and upon the basis of the recommenda­ enough to pass through, without using tions of the Elberta Peach Commodity as size 70 in a No. 12B California peach box in accordance with the requirements pressure, a rigid ring of inside diameter Committee, established under the afore­ of 2% inches. said amended marketing agreement and prescribed for a standard pack: Pro­ vided, That with respect to each indi­ (5) As used in this section, the size order, and upon other available infor­ of Elberta peaches known commercially mation, it is hereby found that the lim­ vidual load of Elberta peaches shipped by a handler a quantity of packages and as size 55 is defined more specifically as itation of shipments of Elberta peaches, being the size that will pack the afore­ as hereinafter provided, will tend to containers of Elberta peaches not in said California peach box in accordance effectuate the declared policy of the act. excess of five (5) percent, by count of the packages and containers comprising with the aforesaid standard pack speci­ (2) It is hereby further found that it fications with two tiers, one tier having is impracticable and contrary to the pub­ the respective load, may contain peaches that are of a size not smaller than a two rows of five peaches each and three lic interest to give preliminary notice, rows of six peaches each and the other engage in public rule-making procedure, size that will pack 78 peaches of the size known commercially as size 75 in a No. tier having two rows of six peaches each and postpone the effective date of this and three rows of five peaches each with section until 30 days after publication 12B California peach box in accordance with the requirements prescribed for a no peach small enough to pass through, thereof in the F ederal R egister (60 Stat. without using pressure, a rigid ring of 237; 5 U. S. C. 1001 et seq.) in that, as standard pack: Provided, further, That, for the purpose of determining whether inside diameter of 2% inches. hereinafter set forth, the time interven­ (6) Each shipper, prior to making each ing between the date when information ripe Elberta peaches meet the afore­ said minimum size requirements, such shipment of Elberta peaches, shall, dur­ upon which this section is based became ing the period set forth in subparagraph available and the tiipe when this sec­ peaches shall be fairly tightly packed rather than tightly packed, as prescribed (1) of this paragraph, have the peaches tion must become effective in order to included in each such shipment inspected effectuate the declared policy of the act for a standard pack; and the aforesaid sizes'known commercially as size 75 and by a duly authorized representative of is insufficient; a reasonable time is per­ the Federal-State Inspection Service, mitted, under the circumstances, for size 70 are defined more specifically in subparagraphs (3) and (4), respectively, heretofore designated by the Elberta preparation for such effective times; and Peach Commodity Committee and hereby good cause exists for making the provi­ of this paragraph; or (iii) Any package or container of approved; and each such shipper shall sions hereof effective not later than June submit promptly, or cause to be submit­ 15, 1950. A reasonable determination as Elberta peaches containing peaches which do not meet the requirements of ted promptly, to the Elberta Peach to the supply of, and the demand for, Commodity Committee, Federal-State such peaches must await the develop­ the U. S. No. 1 grade: Provided, That (a) with respect to ripe Elberta peaches shipping point inspection certificates ment of the crop and adequate informa­ stating the grades and sizes of the El­ tion thereon was not available to the which are not smaller than size 75, as aforesaid, the requirements of such berta peaches contained in each such lot Elberta Peach Commodity Committee or shipment: Provided, That, in case the until May 10, 1950; recommendation as grade shall not include freedom from damage, other than serious damage, following conditions exist in connection to the need for, and the extent of, regu­ with any such shipment: lation of shipments of such peaches was caused by bruises; and (b) with respect to Elberta peaches which are not smaller (i) A written request for inspection is made at the meeting of said committee made to the Federal-State Inspection on May 10, 1950, after consideration of than the size known commercially as size 55, a tolerance of 5 percent for de­ Service not later than 5 :00 p. m. of the all available information relative to the day before the fruit will be available for supply and demand conditions for such fects not causing serious damage shall be allowed in addition to the tolerances inspection; peaches, at which time the recommenda­ (ii) The shipper designates in such tion and supporting information was provided for such grade; and the afore­ said size known commercially as size 55 request the date and hours when the submitted to the Department; necessary fruit will be available for inspection; and supplemental data for consideration in is defined more specifically in subpara­ graph (5) of this paragraph. (iii) The Federal - State Inspection connection with the specification of the (2) “Peaches which are well matured” Service furnishes the shipper with a provisions of this section were not avail­ means peaches which, at the time of signed statement that it is not prac­ able until May 23, 1950; shipments of picking; (i) are not hard; (ii) have ticable, under such conditions, for the the current crop of such peaches are shoulders and sutures well filled out; Federal-State Inspection Service to make expected to begin on or about June 25, (iii) when ring cut, have flesh that sep­ the inspection within the necessary 1950, and this section should be applica­ arates from the pit readily and cleanly, time; ble to all shipments of such peaches in and is red colored next to the pit; and the shipper, by submitting or causing to order to effectuate the declared policy of (iv) have skin and flesh yellowish green be submitted promptly such signed Friday, June 2, 1950 FEDERAL REGISTER 3447 statement to the Elberta Peach Com­ to potatoes grown in the production area fied seed purposes, and for distribution modity Committee, may make the par­ and to promote equity among producers by the Federal government shall be sub­ ticular shipment without inspection, but of such potatoes; (iii) with respect to ject to such safeguards as may be issued such shipper shall comply with all grade the grade, size, and quality of potatoes pursuant to § 981.6 (c) of the aforesaid and size regulations applicable to such grown in the production area, adequate marketing agreement and order. shipment. information for recommending regula­ (2) The tolerances for defects and (7) Terms used in the amended mar­ tions did not become available to the off-size shall be applied hereunder as keting agreement and order shall, when committee until their meeting of May 25, follows: The tolerances for the aforesaid used in this section, have the same 1950, at which meeting such committee U. S. Standards for Potatoes are on a meaning as given to the respective term made its recommendations for regula­ container basis. However, individual in said amended marketing agreement tions as prescribed herein; (iv) such packages in any lot may vary from the and order ; the terms “bruises,” “de­ committee’s recommendations for regu­ specified tolerances as stated below, pro­ fects,” “damage,” “serious damage,” lations as set forth herein were not pre­ vided the averages for the entire lot, “ standard, pack,” “ tightly packed,” sented to the Secretary or to any officer based on sample inspection, are within “fairly tightly packed” , shall have the or member of the United States Depart­ the tolerances specified. same meaning as when used in the ment of Agriculture authorized to exer­ When the tolerance specified is 10 per­ United States Standards for Peaches cise the powers and duties of the Secre­ cent or more, individual packages in any (7 CFR 51.312) ; the term “No. 12B Cal­ tary with respect to the act or to the lot may contain not more than one and ifornia peach box” shall have the same Marketing Agreement 104 and Order 81 one-half times the tolerance specified, meaning as set forth in § 828.25 of the (7 CFR 981.1 et seq.), prior to the afore­ except that at least one defective and Agricultural Code of California; and the said meeting; (v) the committee, follow­ one off-size specimen shall be permitted term “ individual load” means the total ing its meeting of December 15, 1949, in a package. number of packages and containers of advised potato producers and handlers When the tolerance specified is less Elberta peaches loaded into a railroad in the production area that grade, size, than 10 percent, individual packages in car, truck, or other means of convey­ and quality regulations would be in effect any lot may contain not more than ance. for the 1950 crop; (vi) information re­ double the tolerance specified except that (Sec. 5,' 49 Stat. 753, as amended; 7 U. S. C. garding recommendations of the com­ for frozen potatoes, or those affected by and Sup., 608c) mittee with respect to the regulations soft rot or wet breakdown, not more than prescribed herein has been distributed to one-tenth of the packages may contain Done at Washington, D. C., this 29th producers and handlers in the production more than double the tolerance but not day of May 1950. area; (vii) the regulations hereby issued more than four times the tolerance [seâl] s . R. Smith, are in accord with the committee’s specified, and except that at least one Director, Fruit and Vegetable recommendations; (viii) compliance defective and one off-sized specimen Branch, Production and Mar­ with this order will not require any shall be permitted in a package. keting Administration. special preparation on the part of han­ (3) The terms used herein shall have [F. R. Doc. 50-4761; Filed, June 1, 1950; dlers which cannot be completed by the the same meaning as when used in Mar­ 8:52 a. m.] effective date hereof, and (ix) reason­ keting Agreement No. 104 and Order- able notice is provided under the circum­ No. 81. stances to alT interested persons. (Sec. 5, 49 Stat. 753, as amended; 7 IT. S. C. P art 981—I r is h P otatoes G r o w n i n the (b) Order. (1) During the period be­ and Sup., 608c) S outheastern S tates ginning 12:01 a. m., e. s. t., June 5, 1950, Done at Washington, D. C., this 31st LIMITATION OP SHIPMENTS and ending 11:59 p. m„ e. s. t., August 15,1950, no handler shall ship any pota­ day of May 1950. § 981.306 Potatoes; limitation of ship­ toes grown in the Southeastern States [ seal] S. R. S m it h , ments; Southeastern States— (a) Find­ production area unless such potatoes Director, ings. . (1) Pursuant to Marketing Agree­ meet the requirements of U. S. No. 1 or Fruit and Vegetable Branch. ment No. 104 and Order No. 81 (7 CFR better grade, 1% inches in diameter, as 981.1 et seq.) regulating the handling of [F. R. Doc. 50-4774; Filed, June 1, 1950; such grades and sizes are. defined in the 8:47 a. m.] Irish potatoes grown in the Southeastern U. S. Standards for Potatoes (14 F. R. States production area, effective under 1955, 2161), except that the tolerances the applicable provisions of the Agricul­ for defects and off-size for the aforesaid TITLE 16— COMMERCIAL tural Marketing Agreement Act of 1937, U. S. No. 1 or better grades shall be, for as amended (hereinafter called the act) the purposes of determining whether PRACTICES (48 Stat. 31, as amended; 7 U.-S.-C. 601 such potatoes may be shipped hereunder, Chapter I— Federal Trade Commission et seq.; 61 Stat. 202, 707; 62 Stat. 1247; as follows: Not more than 15 percent by 63 Stat 1051), and upon the basis of the weight may fail to meet the require­ [Docket 5530] recommendations and information sub­ ments of such U. S. No. 1 grade, of which P art 3— D igest of C ease and D esist mitted by the Southeastern Potato Com­ not to exceed 3 «percent may be affected O rders mittee (hereinafter called the commit­ by southern bacterial wilt, ring rot, or tee) established under said marketing late blight, including not more than 1 STEELCO STAINLESS STEEL, INC., AND CLYDE agreement and order, and upon other percent soft rot or wet breakdown: Pro­ C. CARR available information, it is hereby found vided, That, pursuant to § 981.6 (c), the Subpart—Advertising falsely or mis­ that the limitation of shipments of such aforesaid limitation shall not be appli­ leadingly: § 3.205 Scientific or other rele­ potatoes as hereinafter provided will cable to shipments of potatoes for ex­ vant facts. Subpart—Claiming indorse­ tend to effectuate the declared policy of port; shipments of potatoes to washers ments or testimonials falsely: § 3.330 the act. at points within the production area for Claiming indorsements or testimonials (2) It is hereby further found that it the purpose of having such potatoes falsely. Subpart—Disparaging competi­ is impracticable and contrary to the washed and graded prior to final ship­ tors and their products; Competitors’ public interest to give preliminary notice, ment to market; shipments of potatoes products: § 3.1010 Qualities or properties.' engage in public rule-making procedure, for distribution by the Federal govern­ Subpart—Misrepresenting oneself and and postpone the effective date of this ment; shipments of potatoes for live-, goods; Business status, advantages or order until 30 days, after publication stock feed, and shipments of potatoes connections: § 3.1390 Concealed subsidi­ thereof in the Fed eral R egister (5 for specified seed purposes: Provided, ary or “alter ego’’; § 3.1400 Dealer as U. S. C. 1001 et seq.) in that (i) ship­ further, That shipments of potatoes for manufacturer; § 3.1465 Laboratory sta­ ments of potatoes grown in the produc­ export shall be subject to the provisions tus; § 3.1520 Personnel or staff; § 3.1560 tion area are expected to begin in volume of § 981.102 Export shipments (13 F. R. Stock, product or service; Goods: immediately following June 1, 1950; (ii) 3455); shipments of potatoes to washers § 3.1575 Comparative data or merits; it is necessary to regulate shipments of at points within the production area § 3.1585 Competitive inferiority; § 3.1710 such potatoes not later than the effective shall be subject to the provisions of Qualities or properties; § 3.1760 Terms date specified herein in order to effec­ § 981.104 (14 F. R. 3449), and shipments and conditions; § 3.1770 Unique nature or tuate the purposes of the act with respect of potatoes for livestock feed, for speci­ advantages. Subpart— Offering unfair, 8448 RULES AND REGULATIONS improper and deceptive inducements to lutionary; (9) that constipation is vidually, and his agents, representatives, purchase or deal: § 3.2080 Terms and caused by lack of magnesium in cooked and employees, directly or through any conditions. In connection with the of­ food; (10) that boiling food destroys the corporate or other device, in connection with the offering for sale, sale, or dis­ fering for sale, sale or distribution in iodine content thereof; (11) that re­ commerce, of cooking utensils made of spondents’ utensils have been endorsed tribution in commerce, as “commerce” is stainless steel, or any other product of or recommended by outstanding authori­ defined in the Federal Trade Commis­ substantially similar composition, design, ties in medicine or dietetics; (12) that sion Act, of cooking utensils made of construction, or purpose, representing respondents’ utensils and cooking in­ stainless steel, or any other product of substantially similar composition, design, directly or by implication, (1) that the structions for the use thereof afford a vitamins or minerals as found in human faster method of cooking than like or construction, or purpose, do forthwith food have a certain specific effect, to wit, similar utensils sold by respondents’ cease and desist from representing di­ (a) that sulphur purifies or tones the competitors; (13) that the use of re­ rectly or by implication, 1. That the vitamins or minerals as human system or intensifies feelings and spondents’ utensils in the manner emotions; (b) that phosphorus nourishes recommended will effect savings in food, found in human food have the specific the brain cells, builds power of thought, time, efficiency, medical, hospital, medi­ effect as set out below: (a) That sulphur purifies or tones the or stimulates the growth of hair; (c) cine, or dental bills as compared with the that calcium gives vitality, endurance, results from the use of cooking utensils human system or intensifies feelings and heals wounds, or counteracts acid; (d) sold by respondents’ competitors; (14) emotions; that magnesium relaxes the nerves, re­ that stainless steel is a new metal; (15) (b) That phosphorus nourishes the brain cells, builds power of thought, or freshes the human system, or prevents that the preparation of food in respond- . or relieves constipation; (e) that potas­ ents’ utensils will aid digestion more than stimulates the growth of hair; (c) That calcium gives vitality, endur­ sium is a liver activator, makes tissues the preparation of food in other cooking ance, heals wounds, or counteracts acid; elastic, muscles supple, creates grace, utensils; (16) that respondents’ cooking (d) That magnesium relaxes the beauty, or a good disposition; (f) that utensils used in the manner recom­ chlorine cleanses, freshens, purifies, or mended will retain the minerals and nerves, refreshes the human system, or vitamins of food cooked therein to a prevents or relieves constipation; disinfects, or expels waste matter from (e) That potassium is a liver activator, the human system; (g) that fluorine greater extent thah will the utensils sold makes tissues elastic, muscles supple, strengthens, cements, hardens, or builds by any of respondents’ competitors; (17) creates grace, beauty, or a good disposi­ the resistance of the lungs, tendons, or that respondents own, operate, or control veins; (h) that sodium aids digestion, a factory in which their products are tion; (f) That chlorine cleanses, freshens, counteracts acidosis, halts fermentation, manufactured; (18) that respondents purifies,, or disinfects, or expels waste purifies blood, dissolves congestion; (i) own, operate, or control a laboratory in matter from the human system; that iron gives energy, vitality, or rosy connection with their product; (19) that (g) That fluorine strengthens, ce­ cheeks; (j) that iodine normalizes the Federal Acceptance Company, or any ments, hardens, or builds the resistance glands and cell action and ejects and other name used by them for the purpose of the lungs, tendons, or veins; •ounteracts poisons; (k) that silicon of collecting money due them, is a sepa­ rate concern; (20) that respondents’ (h) That sodium aids digestion, coun­ gives keen hearing, sparkling eyes, pearly teracts acidosis, halts fermentation, pur­ teech or nails, or glossy hair, or tones representatives are bonded for the pro­ tection of their customers, unless such ifies blood, dissolves congestion; the human system; (1) that manganese (i) That iron gives energy, vitality, or increases resistance, strengthens thought becomes the fact; (21) that respondents’ rosy cheeks; or action, or improves memory; (m) that cooking utensils can be delivered im­ mediately or within any certain specified (j) That iodine normalizes glands and vitamin A increases resistance to disease cell action and ejects and counteracts or is effective in preventing or relieving time after purchase contrary to the facts ; poisons; anemia, pellagra, gallstones, or eye (22) that the consumption of food pre­ pared or kept in aluminum utensils will (k) That silicon gives keen hearing, trouble generally; (n) that vitamin B is sparkling eyes, pearly teeth or nails, or effective in preventing or relieving nerv­ cause cancer, stomach trouble, ulcers, indigestion, high blood pressure, decayed glossy hair, or tones the human system. ous diseases generally or paralysis; (o) (l) That manganese increases resist­ that vitamin C increases an individual’s teeth, or be poisonous to the human body; or, (23) that aluminum is not a ance, strengthens thought or action, or strength or endurance, or will prevent or improves memory; relieve muscular disease or loss of weight; satisfactory metal for use in cooking (m) That Vitamin A increases resist­ (p) that vitamin D is effective for pre­ utensils or that the consumption of food vention of bone disorders generally; and prepared or kept in aluminum utensils ance to disease or is effective in prevent­ (q) that vitamin E plays a role in con­ is detrimental to the health of the users; ing or relieving anemia, pellagra, nection with reproduction in human prohibited. gallstones, or eye trouble generally; (n) That Vitamin B is effective in beings; (2) that ordinary cooking meth­ (Sec. 6, 38 Stat. 722; 15 U. S. C. 46. Interpret ods in utensils other than respondents’ or apply sec 5, 38 Stat 719, as aménded; 15 preventing or relieving nervous diseases will result in destruction or loss of vita­ U S. C. 45) [Cease and desist order, Steelco generally or paralysis; mins, minerals, or other food elements Stainless Steel, Inc., et * al., Docket 5530, (o) That Vitamin C increases an in­ so as to prevent the consumer from re­ March 15, 1950] dividual’s strength or endurance, or will ceiving his minimal requirements; (3) This proceeding having been heard by prevent or relieve muscular disease or that respondents’ cooking utensils used the Federal Trade Commission upon the loss of weight; as recommended constitute a cooking complaint, answer of the respondents, (p) That Vitamin D is effective for method especially conducive to good testimony and other evidence in support prevention of bone disorders generally ; health; (4) that the consumption of food of and in opposition to the allegations of (q) That Vitamin E plays any role in cooked in respondents’ utensils will in­ the complaint taken before a trial exam­ connection with reproduction in human sure improved health; (5) that the use iner of the Commission theretofore duly beings. of respondents’ cooking utensils as designated by it, recommended decision 2. That ordinary cooking methods in recommended is the only method by of the trial examiner, briefs, and oral utensils other thafl respondents’ will re­ which vitamins, minerals, and other food argument of counsel, and the Commis­ sult in destruction or loss of vitamins, elements may be preserved in cooked sion having made its findings as to the minerals, or other food elements so as to food; (6) that there is such a thing as facts and its conclusion that the re­ prevent the consumer from receiving his chemical balance in food; (7) that fail­ spondents have violated the provisions of minimal requirements; ure to use respondent’s cooking utensils the Federal Trade Commission Act: 3. That respondents’ cooking utensils in the manner recommended will result I t is ordered, That the respondent used as recommended constitute a cook­ in ill health, decayed teeth, faulty elim­ Steelco Stainless Steel, Inc., a corpora­ ing method especially conducive to good ination, rickets, organic heart disease, or tion, and its officers, agents, representa­ health; ) any other disease; (8) that the metnod tives, and employees, and respondent 4. That the consumption of food of cooking made possible through the use Clyde C. Carr, as president thereof or in cooked in respondents’ utensils will in­ of respondents’ utensils is new or revo­ any other capacity therefor, and indi­ sure improved health; Friday, June 2, 1950 FEDERAL REGISTER 3449

5. That the use of respondents’ cook­ which they have complied with this I t is ordered, That respondent Ben­ ing utensils as recommended is the only order. jamin Molin, an individual trading as method by which vitamins, minerals, and Issued: March 15, 1950. Bond Trading Company or under any other food elements may be preserved in other name or names, his representa­ cooked food; By the Commission. tives, agents, and employees, directly or 6. That there is such a thing as chemi­ [ se al] D. C. D a n ie l , through any corporate or other device cal balance in food; Secretary. in connection with the offering for sale, 7. That failure to use respondents’ sale, and distribution of hats in com­ cooking utensils in the manner recom­ [F. R, Doc. 50-4727; Filed, June 1, 1950; merce as “ commerce” is defined in the mended will result in ill health, decayed 8:49 a. m.] Federal Trade Commission Act, do teeth, faulty elimination, rickets, or­ forthwith cease and desist from directly ganic heart disease, or any other disease; or indirectly representing: 8. That the method of cooking made 1. That hats composed in whole or in possible through the use of respondents’ [Docket 5535] part of old, used, or secondhand ma­ utensils is new or revolutionary ; P art 3— D igest of Cease and D esist terials are new or are composed of new 8. That constipation is caused by lack O rders materials by failing tp stamp on the ex­ of magnesium in cooked food; posed surface of the sweatbands thereof, 10. That boiling food destroys the BOND TRADING CO. ET AL. in legible and conspicuous terms which iodine content thereof; Subpart—Neglecting, unfairly or de­ cannot be removed or obliterated with­ 11. That respondents’ utensils have ceptively, to make material disclosure: out mutilating the sweatbands, a state­ been endorsed or recommended by out­ § 3.1845 Composition: § 3.1880 Old, used, ment that such products are composed standing authorities in medicine or reclaimed, or reused as unused, or new. of secondhand or used material (e. g., dietetics; Subpart—Misrepresenting oneself and “ secondhand,” "used,” or “made-over” ). 12. That respdndents’ utensils and goods; Goods: § 3.1590 Composition; Provided, That, if sweatbands are not cooking instructions for the use thereof § 3.1695 Old, secondhand, reclaimed or affixed to such hats, then such stamping afford a faster method of cooking than reconstructed, as new. In connection shall appear on the exposed surface of like or similar utensils sold by respond­ with the offering for sale, sale and dis­ the inside of the body of the hats in con­ ents’ competitors; tribution of hats in commerce, directly spicuous and legible terms which cannot 13. That the use of respondents’ uten­ or indirectly representing, (1) that hats be removed or obliterated without muti­ sils in the manner recommended will composed in whole or in part of old, used, lating said bodies. effect savings in food, time, efficiency, or secondhand materials are new or are 2. That hats made in whole or in part medical, hospital, medicine, or dental composed of new materials, by failing to from old, used, or secondhand materials bills as compared with the results from stamp on the exposed surface of the are new or are composed of new ma­ the use of cooking utensils sold by re­ sweatbands thereof, in legible and con­ terials. spondents’ competitors; spicuous terms which cannot be removed I t is further ordered, That the re­ 14. That stainless steel is a new metal ; or obliterated without mutilating the spondent shall within sixty (60) days 15. That the preparation of food in re­ sweatbands, a statement that such prod­ after service upon him of this order, file spondents’ utensils will aid digestion ucts are composed of secondhand or used with the Commission a report in writing, more than the preparation of food in- material (e. g., “secondhand," “ used," or setting forth in detail the manner and other cooking utensils; “made-over” ) ; or (2) that hats made in form in which he has complied with it. 16. That respondents’ cooking uten­ whole or in part from old, used, or sec­ It is further ordered, That, for the sils used in the manner recommended ondhand materials are new or are com­ reasons set forth in the findings as to will retain the minerals and vitamins of posed of new materials; prohibited, the facts herein, the complaint herein be, food cooked therein to a greater extent subject to the provision, however, as and it is, hereby dismissed as to respond­ than will the utensils sold by any of re­ respects said first prohibition, that, if ent Harry Richter without prejudice to spondents’ competitors; sweat bands are not afflxecLto such hats, the right of the Commission to take such 17. That respondents own, operate, or then such stamping shall appear on the further action at any'time in the future control a factory in which their prod­ exposed surface of the inside of the body with respect to said respondent as may ucts are manufactured; of the hats in conspicuous and legible be warranted by the then existing 18. That respondents own, operate, or terms which cannot be removed or ob­ circumstances. control a laboratory in connection with literated without mutilating said bodies. their product; Issued: March 14, 1950. (Sec. 6, 38 Stat. 722; 15 U. S. C. 46. Interpret 19. That the Federal Acceptance Com­ or apply sec. 5, 38 Stat. 719, as amended; 15 By the Commission. pany, or any other name used by them U. S. C. 45) [Cease arid desist order, Ben­ [ s e a l ] D. C. D a n ie l , for the purpose of collecting money due jamin Molin et al. trading as Bond Trading them, is a separate concern; Company, Docket 5535, March 14, 1950] Secretary. 20. That respondents’ representatives [F. R. Doc. 50-4704; Filed, June 1, 1950; In the Matter of Benjamin Molin and 8:47 a. m.] are bonded for the protection of their Harry Richter, Individually and as customers, unless such becomes the fact; Copartners Trading as Bond Trading 21. That respondents’ cooking utensils Company can be delivered immediately or within TITLE 17— COMMODITY AND any certain specified time after purchase This proceeding having been heard by SECURITIES EXCHANGES contrary to the facts; the Federal Trade Commission upon the 22. That the consumption of food pre­ complaint of the Commission, the answer Chapter II— Securities and Exchange pared or kept in aluminum utensils will of respondent Benjamin Molin, a stipu­ Commission cause cancer, stomach trouble, ulcers, lation of facts agreed upon between P art 240— G ener al R u l e s a n d R eg u la ­ indigestion, high blood pressure, decayed counsel for said respondent and counsel in support of the complaint and read t io n s , S ec u r itie s E x c h an g e A ct op teeth, or be poisonous to the human 1934 body. into the record in lieu of evidence, and 23. That aluminum is not a satisfac­ the recommended decision of the trial EXEMPTION OP WARRANTS tory metal for use in cooking utensils examiner (no briefs having been filed and oral argument not having been re­ The Securities and Exchange Commis­ or that the consumption of food pre­ sion, acting pursuant to the Securities pared or kept in aluminum utensils is quested) ; and the Commission having accepted and approved said stipulation Exchange Act of 1934, particularly sec­ detrimental to the health of the users. tions 3 (a) (12), 12 and 23 (a) thereof, It is further ordered, That respondents of facts and having made its findings as and finding it necessary and appropriate shall, within sixty (60) days after serv­ to the facts and its conclusion that re­ in the public interest and for the pro­ ice upon them of this order, file with the spondent Benjamin Molin has violated tection of investors and nepessary to Commission a report in writing setting the provisions of the Federal Trade Com­ carry out its functions under the act, forth in detail the manner and form in mission Act: hereby takes the following action: 3450 RULES AND REGULATIONS

1. Section 240.12a-4 (Rule X-12A-4) isto this section shall be available for (g) Section 240.10b-l (Rule X-10B-1) revised to read as set forth below. 'The transactions in any such warrant on any shall be applicable to any warrant ex­ purpose of such revision is to provide an exchange on which the beneficiary empted by this section. exemption for certain unissued warrants security is admitted to dealing unless 2. The reference in paragraph (c) of as well as for certain issued warrants. (i) each subject security is admitted to § 240.I2d3-2 (Rule X-12D3-2) to Form dealing or in the process of admission to § 240.12a-4 Exemption of certain war- 15-AN (§ 249.235) is hereby amended to dealing on a national securities exchange rants from section 12 (a), (a) When read Form AN-4 (§ 249.235). or (ii) the following conditions are met: used in this section or in Form AN-4 (1) There is available from a registra­ The foregoing action shall become ef­ (§ 249.235 of this chapter), the following tion statement and periodic reports or fective June 22, 1950. terms shall have the meaning indicated other data filed by the issuer of the sub­ unless the context otherwise requires: (Sec. 23, 48 Stat. 901, as amended; 15 U. S. C. ject security, pursuant to any act ad­ 78w. Interprets or applies secs. 3, 12, 48 Stat. (1) The term “ warrant” means any ministered by the Commission, informa­ 382, 892; 15 U. S. C. 78c, 781) warrant or certificate evidencing a right tion substantially equivalent to that By the Commission. to subscribe to or otherwise acquire an­ available with respect to a security listed other security, issued or unissued. and registered on a national securities [ seal] O rval L. D u B o is , (2) The term “ beneficiary security” exchange; and Secretary. means a security to the holders of which (2) The exchange on which the trans­ M a y 22, 1950. a warrant or right to subscribe to or actions are effected shall require, by rule otherwise acquire another security is or otherwise, (i) that a symbol or other [P. R. Doc. 50-4721; Piled, June 1, 1950; granted. means be used in the publication of 8:48 a. m.] (3) The term “subj ect security” means quotations or transactions in such war­ a security which is the subject of a war­ rant, by ticker or otherwise, to indicate rant or right to subscribe to or otherwise that the subject security is neither ad­ acquire such security. mitted nor in the process of admission P art 249—F o r m s P rescribed U nder the (4) The term “in the process of to dealing on a national securities S e c u r it ie s E xch ange A ct o f 1934 admission to dealing” , in respect of a exchange, and (ii) that members’ con­ specified security means that (i) an ap­ FORMS FOR EXEMPTION OF WARRANTS firmations to purchasers of such war­ plication has been filed pursuant to sec­ rants contain a statement to that effect. The Securities and Exchange Commis­ tion 12 (b) and (c) of the act for the (d) Notwithstanding the foregoing, an sion, acting pursuant to the Securities registration of such security on a na­ unissued warrant shall not be exempt Exchange Act of 1934, particularly sec­ tional securities exchange; or (ii) the pursuant to this section unless— tions 3 (a) (12), 12 an0. 23 (a) thereof, Commission has granted an application (1) Formal or official announcement and finding it necessary and appropriate made pursuant to section 12 (f) of the -in the public interest and for the protec­ act to continue or extend unlisted trading has been made by the issuer specifying (i) the terms upon which such warrant tion of investors and necessary to carry privileges to such security on a national out its functions under the act, hereby securities exchange; or (iii) written no­ and each subject security is to be issued, (ii) the date, if any, as of which the takes the following action: tice has been filed with the Commission 1. Form AN-41 (§ 249.235) is hereby by a national securities exchange to the security holders entitled to receive such warrant will be determined, (iii) the •adopted for use in filing the exemption effect that such security has been, ap­ statements required by § 240.12a-4 (Rule proved for admission to dealing as a approximate date of the issuance of such warrant, and (iv) the approximate date X-12A—4). security exempted from the operation of 2. Form 15-AN (§ 249.235) is hereby section 12 (a) of the act. of the issuance of each subject security; and, rescinded, it having been superseded by (b) Any issued or unissued warrant Form AN-4. granted to the holders of a security ad­ (2) The members of the exchange are mitted to dealing on a national securities subject to rules which provide that the 'The foregoing action shall become exchange which, by its terms, expires performance of the contract to purchase effective June 22, 1950. within 90 days after the issuance thereof, and sell an unissued warrant shall be conditioned upon the issuance of such (Sec. 23, 48 Stat. 901, as amended; 15 U. S. C. shall be exempt from the operation of 78w. Interpret or apply sec. 15, 48 Stat. 985, section 12 (a) of the act to the extent warrant. as amended; 15 U. S. C. 78o) (e) The Commission may by order necessary to render lawful the effecting By the Commission. of transactions therein on any national deny or revoke the exemption of a war­ securities exchange (i) on which the rant under this section, if, after appro­ [ s e a l ] O rval L. D u B o is , beneficiary security is admitted to deal-, priate notice and opportunity for Secretary-, ing or (ii) on whch the subject security hearing to the issuer of such warrant M ay 22, 1950. is admitted to dealing or is in the process and to the exchange or exchanges on which such warrant is admitted to deal­ [F. R. Doc. 50-4735; Piled, June 1, 1950; of admission to dealing, subject to the 8:50 a. m.] following terms and conditions: ing as an exempted security, it finds (1) A registration statement under the that— Securities Act of 1933 is in effect as to (1) Any of the terms or conditions of TITLE 19— CUSTOMS DUTIES such warrant and as to each subject this section have not been met with re­ security, if such registration is required. spect to such exemption, or Chapter I—-Bureau of Customs, (2) At least two full business days (2) At any time during the period of Department of the Treasury prior to the commencement of dealing in such exemption transactions have been such warrant as an exempted security effected on any such exchanges in such [T. D. 52482] on such exchange, or such shorter period warrant which (i) create or induce a P art 10— A rticles C onditionally F ree, as the Commission may permit, a state­ false, misleading or artificial appearance S ubject to a R educed R ate, Etc. ment has been filed on Form AN-4 of activity, (ii) unduly or improperly in­ P art 14— A ppraisement (§ 249.235) with the Commission by the fluence the market price, or (iii) make issuer, or by the exchange, setting forth a price which does not reflect the true P art 18— T ransportation i n B ond and the information called for by that form; state of the market; or M erchandise in T ransit and, (3) Any other facts exist which make miscellaneous a m e n d m e n t s (3) I f the statement required by sub- such denial or revocation necessary or paragraph (2) of this paragraph, is filed appropriate in the public interest or for 1. In order to permit returning resi­ by the issuer, a certification has been the protection of investors. dents to include in their exemption filed with the Commission by the ex­ (f) If it appears necessary or appro­ articles to follow which are not declared change to the effect that such warrant priate in the public interest or for the at the time of their return, § 10.17 (k), has been approved for admission to deal­ protection of investors, the Commission Customs Regulations of 1943, as amended ing on such exchange as an exempted may summarily suspend the exemption of by Treasury Decisions 51975 and 52345, security. such warrant pending the determination is hereby further amended as follows: (c) Notwithstanding paragraph (b) by the Commission whether such exemp­ of this section, no exemption pursuant tion shall be denied or revoked. 1 Filed as part of the original document. Friday, June 2, 1950 FEDERAL REGISTER 3451

The period at the end of the third soliciting competitive bids from $100 to amount of the purchase does not exceed sentence is changed to a comma and tfie $500 and to provide for the purchase of $500. It is desired in connection with following is added: “ except.that collec­ articles on an exchange basis in accord­ all such open market purchases that in­ tors of customs may permit amendment ance with Public Law 152, 81st Congress. formal competition be obtained wher­ of the baggage declaration to include Section 24.31, Customs Regulations of ever possible.Bb articles not accompanying the returning 1943, as amended by Treasury Decision (R. S. 161, 251, sec. 624, 46 Stat. 759; 5*U. S. C. resident up to the time of the liquidation 51582, is hereby further amended as fol­ 22, 19 U. S. C. 66, 1624. Interprets or applies of the baggage declaration, if the col­ lows: R. S. 3618, as amended, 3709, as amended, lector is satisfied that the articles were 1. Paragraphs (b) (2) and (b) (3) are sec. 619, 46 Stat. 758, as amended, sec. 201, acquired in a foreign country in accord­ amended to read as follows: Pub. Law 152, 81st Cong.; 19 U. S. C. 1619, ance with, the pertinent provisions of 31 U. S. C. 487, 41 U. S. C. 5) (2) Purchases of articles listed in the paragraph 1798, Tariff Act of 1930, as [ s e a l ] F r a n k D o w , amended.” Federal Supply Schedules from a single contractor in an amount in excess of Commissioner of Customs. The last sentence of the section is deleted. $500. Approved: May 25, 1950. (3) Articles and equipment to be pur­ (R. S. 161, 251* sec. 624, 46 Stat. 759; 5 chased on an exchange basis (sec. 201 J o h n S. G r ah am , U. S. C. 22, 19 U. S. C. 66, 1624. Par. 1798; (c), Public, No. 152, 81st Cong.) where Acting Secretary of the Treasury. sec. 201, 46 Stat. 683, as amended, sec. 498, the Sale price to the Government before 46 Stat. 728; 19 U. S. C. 1201, 1498) [F. R. Doc. 50-4731; Filed, June 1, 1950; deducting any allowance for old equip­ 8:50 a. m.] 2. Section 10.20 (c) (6), Customs Reg­ ment is in excess of $500. The exchange ulations of 1943 (19 CFR 10.20 (c) (6 )), allowance or proceeds of sale of old arti­ as amended by Treasury Decisions 51975 cles and equipment to be exchanged or TITLE 20— EMPLOYEES’ and 52345, is hereby further amended to sold may be applied in whole or in part read as follows: payment for similar articles and equip­ BENEFITS § 10.20 Unaccompanied ship­ ment to be purchased, provided the transaction is evidenced in writing.Bb Chapter II— Railroad Retirement ments. * * * Board (c) Articles acquired abroad by re­ 5b “In acquiring personal property, any ex­ turning residents. * * * ecutive agency * * * may exchange or P art 320—D eterminations b y R e g io n a l sell similar items and apply the exchange (6) No application of the $200 or $300 O ffic e s U nder t h e R ailroad U n e m ­ allowance or proceeds of sale in such cases exemption to an unaccompanied or p l o y m e n t I n su r a n c e A ct and A ppeals in whole or in part payment for the property bonded shipment shall be allowed in any acquired: Provided, That any transaction F rom S u c h D eterminations case until the collector is satisfied that carried out under this authority shall be evi­ MISCELLANEOUS» AMENDMENTS the articles for which the exemption is denced in writing.” (Sec. 201 (c ), Pub. Law claimed were acquired by the claimant 152, 81st Cong.) Pursuant to the general authority con­ while abroad in accordance with the “Unless otherwise provided in the appro­ tained in section 12 of the act of June pertinent provisions of paragraph 1798, priation concerned or other law, purchases 25, 1938 (52 Stat. 1107; 45 U. S. C. 362 Tariff Act of 1930, as amended. and contracts for supplies or services for the Government may be made or entered into (1 )), §§ 320.35, 320.38, 320.40 and 320.45 (R. S. 161,-251, sec. 624, 46 Stat. 759; 5 U. S. C. only after advertising a sufficient time pre­ are amended and § 320.39 is added to the 22, 19 U. S. C. 66, 1624. Interprets or applies viously for proposals, except (1) when the regulations of the Railroad Retirement sec. 498, 46 Stat. 728; 19 U. S. C. 1498) amount involved in any one case does not Board under such act (12 F. R. 6829) by exceed $500, (2) when the public exigencies Board Order 50-147, dated May 10, 1950, 3. To correct an omission in T. D. require the immediate delivery of the article effective immediately, to read as follows: 52403, §14.2 (d), Customs Regulations or performance of the services, (3) when only of 1943, is hereby amended by changing one source of supply is available and the Gov­ § 320.35 Review of decision of referee the reference “ ( f ) ” to “ (e )”. ernment purchasing or contracting officer on motion of Board. The Board may. on shall so certify, or (4) when the services are its own motion, review the decision of (R. S. 161, 251, sec. 624, 46 Stat. 759, as required to be performed by the contractor the referee on the basis of the evidence amended; 5 U. S. C. 22, 19 U. S. C. 66, 1624. in person and are (A ) of a technical and Interprets or applies secs. 488, 499, 46 Stat. previously submitted in the case, and professional nature or (B ) under Government may designate any employee of the 725, 728, as amended, 19 U. S. C. 1488, 1499) supervision and paid for on a time basis Board to take additional evidence and 4. In order that a related provision of * * (R. S. 3709, as amended by sec. 9 (a), 60 Stat. 809, and sec. 502 (e), Pub. Law to report his findings to the Board. the regulations may not be overlooked 152, 81st Cong.) by persons concerned, § 18.25 (b ), Cus­ § 320.38 Appeal to Board from de­ toms Regulations of 1943, is hereby 2. Paragraphs (b) (4) to (b) (10), in­ cision of referee. Any claimant, or any amended by adding the following cross clusive, are deleted. railway labor organization organized in reference at the end thereof: “ (See also 3. Paragraphs (d) (2) and (f) are accprdance with the provisions of the § 8.49) .” amended to read as follows: Railway Labor Act, of which the claim­ ant is a member,' or any other party ag­ (Sec. 624, 46 Stat. 759; 19 U. S. C. 1624) (2) Any article or service procured grieved by the decision of the referee from a contractor or vendor when the [ seal] P r ank D o w , may appeal to the Board for review of amount of the purchase order covering the decision. Commissioner of Customs. such article or service does not exceed Approved: May 25, 1950. $500. Each open market purchase may § 320.39 Execution and filing of ap­ be made without the solicitation of com­ peal to Board from decision of referee. J o h n S. G r a h a m , petitive bids if the amount of the pur­ An appeal to the Board from a decision Acting Secretary of the Treasury. chase does not exceed $500. It is of a referee shall be filed on the form provided by the Board and shall be exe­ [P. R. Doc. 50-4730; Piled, June 1, 1950; desired in connection with all such open 8:50 a. m.] market purchases that informal com­ cuted in accordance with the instruc­ petition be obtained wherever possible.Bb tions on the form. Such appeal shall be * * * * * filed within ninety days from the date (f) Offices of the Customs Service in upon which notice of the decision of the [T. D. 52483] foreign countries shall make all pur­ referee was mailed to the parties. chases locally. When the amount of the § 320.40 Procedure upon filing appeal P art 24—C u s t o m s F in a n c ia l and purchase order does not exceed $500, the to Board. If an appeal to the Board A c c o u n t in g P rocedure purchase may be made without prior Bu­ from a decision of a referee is filed, the AUTHORITY TO INCUR EXPENSES reau authority. Prior Bureau authority parties shall not have the right to sub­ to make the purchase shall be obtained mit additional evidence, except that (a) Section 24.31, Customs Regulations of on customs Form 4801 if the contemplat­ the Board may permit the submission of 1943, amended to increase limitation for ed purchase exceeds $500. Each open additional evidence upon a showing by purchase of articles or services without market purchase may be made without any properly interested party that he obtaining authorization and without the solicitation of competitive bids if the has additional evidence to present which, 3452 RULES AND REGULATIONS

for valid reasons, he was unable to pre­ ing notation will be made on VA Form 7- patch notes of parcels. Interested pa­ sent at an earlier stage; (b) the Board 1907c or 7-1907c-l: “Deduction of 5 days trons should be referred to the above- may request the submission of additional for unauthorized absences in preceding named firjn for further details. evidence; and (c) the Board may desig­ reporting period.” Subsistence allow­ (R. S. 161, 396, secs. 304, 309, 42 Stat. 24, 25; nate any employee of the Board to take ance will be recovered for reported unau­ 5 U. S. C. 22, 369; and the terms of postal additional evidence, and to report his thorized absences even though it is not conventions and agreements entered into findings to the Board. Any such addi­ possible to make a prospective recovery— pursuant to R. S. 398, 48 Stat. 943; 5 U. S. O. tional evidence shall be submitted in as in instances where the veteran has 372) such manner as the Board may indicate withdrawn from training at the time the "[ seal] J. M. D onaldson, and shall be included in the record. action is being taken, or where the vet­ Postmaster General. § 320.45 Judicial review. Upon being eran’s training Will terminate prior to the period necessary to effect full recovery. [F. R. Doc. 50-4720; Filed, June 1, 1950; notified of a decision of the Board made 8:48 a. m.] (a) upon review, on the Board’s own In these circumstances an authorization motion, of a decision of a referee, or (b) action will be effected retroactively for upon an appeal to the Board, the party the appropriate number of days, with TITLE 45— PUBLIC WELFARE may obtain judicial review of such final subsistence being awarded at zero rate decision, by filing a petition for review for the applicable number of days imme­ Chapter V— War Claims Commission within ninety days after the date on diately preceding the terminal date of the subsistence allowance award. For ex­ Subchapter B— Receipt, Adjudication and which notice of such decision was mailed Payment of to him, or within such further time as ample: I f in the case shown above the the Board may allow, in the United veteran’s course was scheduled to be P art 506—P rovisions of G eneral States court of appeals for the circuit in completed on May 3, 1949 (and the vet­ A pplications which the party resides or will have had eran has not requested leave), an au­ DEPENDENT his principal place of business or prin­ thorization action will be executed to Section 506.3 (e) (14 F. R. 7844) is cipal executive office, or in the United award subsistence allowance at zero rate hereby revised to read as follows: States States Court of Appeals for the for the period April 29 through May 3, Seventh Circuit or in the Court of Ap­ 1949. § 506.3 Definitions. - * * * peals for the District of Columbia. (Sec. 2, 46 Stat. 1016, sec. 7, 48 Stat. 9, sec. 2, (e) Dependent. (1) A husband of a 57 Stat. 43, as amended, sec. 400, 58 Stat. 287, deceased prisoner of war or of a civilian (Sec. 12, 52 Stat. 1107, as amended; 45 U. S. C. as amended; 38 U. S. C. and Sup. 11a, 701, 362) American citizen will be deemed to be 707, ch. 12 note. Interprets or applies secs. dependent if, at the time of the death of Dated: May 26, 1950. 3, 4, 57 Stat. 43, as amended, secs. 300, 1500- 1504, 1506, 1507, 58 Stat. 286,300, as amended; the prisoner of war or of the civilian By authority of the Board. 38 U. S. C. and Sup. 693g, 697-697d, 697f, g, American citizen, the deceased contrib­ ch. 12 note) uted substantially to the support of M ary B. L in k in s , such husband; and (2) a parent of a Secretary of the Board. This regulation effective June 2, 1950. deceased prisoner of war will be deemed [F. R. Doc. 50-4752; Filed, June 1, 1950; [ seal] O. W. C lark, to be dependent if the deceased at the 8:52 a. m.] Deputy Administrator. time of his death contributed substan­ tially to the support of such parent, or if [F. R. Doc. 50-4728; Filed, June 1, 1950; such parent, at the time of filing a claim, TITLE 38— PENSIONS, BONUSES, 8:49 a. m.] is shown to be in such circumstances AND VETERANS’ RELIEF that if thé deceased were living he could reasonably be expected to contribute to Chapter I— Veterans’ Administration TITLE 39— POSTAL SERVICE the support of such parent.

P art 21— V ocational R ehabilitation and Chapter I— Post Office Department (Sec. 2, 62 Stat. 1240; 50 U. S. C. App., Sup, 2001) E ducation P art 127—I nternational P ostal Service: D aniel F. Cleary, periodic reports; reduction in subsist­ P ostage R ates, S ervice A vailable, and Chairman, ence ALLOWANCE BECAUSE OF UNAUTHOR­ I nstructions for M ailing War Claims Commission. IZED ABSENCES HUNGARY [F. R. Doc. 50-4753; Filed, June 1, 1950; In § 21.107, paragraph (i) is amended In § 127.276 Hungary (39 CFR 127.276; 8:52 a. m.] to read as follows: 14 F. R. 1085) make the following § 21.107 Periodic reports of conduct, changes: progress, and compensation for produc­ 1. Redesignate paragraph (a) (7) as TITLE 49— TRANSPORTATION tive labor. * * * paragraph (a) (8). Chapter I— Interstate Commerce (i) Reductions in subsistence allow­ 2. Insert a new paragraph (a) (7) to ance because of unauthorized absences read as follows: Commission reported on VA Form 7-1963. Subsist­ (7) Observations. Articles sent as [S. O. 848, Arndt. 1] ence allowance will be recovered for un­ gifts in the regular mails will be delivered P art 95—Car Service authorized absences reported on VA free of customs duty in Hungary under Form 7-1963 in an amount representing the same conditions as gifts sent by REFRIGERATOR CARS FOR TRANSPORTING the subsistence that would be paid for parcel post. See “Observations” under COTTON the number of days reported at the rate “Parcel Post” (paragraph (b) (4)), for At a session of the Interstate Com­ applicable for the month in which the particulars. merce Commission, Division 3, held at its adjustment is effected. For example: A office in Washington, D. C , on the 29th veteran pursuing on-the-job training is 3. Amend paragraph (b) (4) by add­ day of May A. D. 1950. receiving subsistence allowance at the ing a new subdivision (iii) to read as follows: Upon further consideration of Service rate of $90 per month. When VA Form Order No. 848 (15 F. R. 1222), and good 7-1963 is received on May 1, 1949, 5 days (iii) Senders in the United States may Gause appearing therefor: It is ordered of unauthorized absence is reported. prepay customs duty on gift parcels that: Subsistence allowance rate for the suc­ through the facilities of the United States Section 95.848 Refrigerator cars for ceeding reporting period (May-August) Relief Parcel Service, Capt. Jas. Q. Ped- transporting cotton, of Service Order No. is restricted to the wage differential of low-Brack, 1220 Second Avenue, New 848 be, and it is hereby further amended $60 per month, VA Form 7-1907o or 7- York. 21, N. Y , provided tljftt at lea§t substituting the following paragraph 1907c-l will be executed to authorize 80 percent of the total weight eonsis|s (d) for paragraph (d) thereof: subsistence allowance at zero rate for the of used clothing; and footwear. Duty is period May 1 through May 5, 1949, and charged at the rate of 20 cents per pound (d) Expiration date. This section at the rate of $60 per month for the re­ (gross weight) and mailers are furnished shall expire at 11:59 p. m., August 31, maining applicable period. The follow- stickers to affix to the wrappers or dis­ 1950, unless otherwise modified, changed. Friday, June 2, 1950 FEDERAL REGISTER 3453

suspended, or annulled by order of this states; that there are certain SFRD and as to those moving in interstate com­ Commission. | \ v i | PFE refrigerator cars vin that territory merce. Effective date. This amendment shall not suitable for transporting commodi­ (c) Effective date. This section shall become effective at 11:59 p. m., May 31, ties requiring protective service and that become effective at 11:59 p. m„ May 29, 1950. such cars are suitable for transporting 1950. It is further ordered, that a copy of other freight; in the opinion of the (d) Expiration date. This section this amendment and direction be served Commission an emergency exists requir­ shall expire at 11:59 p. m., August 31, upon the Association of American Rail­ ing immediate action in Oregon, Cali­ 1950, unless otherwise modified, changed, roads, Car Service Division, as agent of fornia and Arizona. It is ordered that: suspended or annulled by order of this the railroads subscribing to the car serv­ § 95.851 Substitution of refrigerator Commissioh. ice and per diem agreement under the cars for box cars, (a) (1) Except as (e) Rules and regulations suspended. terms of that agreement; and that notice provided in subparagraph (2) of this The operation of all rules and regula­ of this order be given to the general pub­ paragraph, common carriers by rail­ tions insofar as they conflict with the lic by depositing a copy in the office of road subject to the Interstate Commerce provisions of this section is hereby sus­ the Secretary of the Commission at Act transporting carload freight from pended. Washington, D. C., and by filing it with origins in the States of Oregon, Califor­ (f) Announcement of suspension. the Director, Division of the Federal nia or Arizona and destined to points in Each of such railroads, or its agent, shall Register. the States of Oregon, California or Ari­ publish, file, and post a supplement to each of its tariffs affected thereby, in (Sec. 12, 24 Stat. 383, as amended; 49 U. S. C. zona may, at their option, furnish and 12. Interprets or applies sec. 1, 24 Stat. 879, transport not more than three (3) substantial accordance with the provi­ as amended; 49 U. S. C. 1) refrigerator cars of SFRD or PFE owner­ sions of Rule 9 (k) of the Commission’s ship, not suitable for transporting com­ Tariff Circular No. 20 (§ 141.9 (k) of By the Commission, Division 3. modities requiring protective service, in this chapter) announcing the suspen­ [ seal] W. P. B artel, lieu of each box car ordered, subject to sion of any of the provisions therein. Secretary. the carload minimum weight which It is further ordered, that a copy of [F. R. Doc. 50-4734; Piled, June 1, 1950; would have applied if shipment had been this order and direction shall be served 8:50 a. m.] loaded in a box car. upon the Association of American Rail­ (2) On shipments on which the car­ roads,. Car Service Division, as aéent of load minimum weight varies with the the railroads subscribing to the car serv- size of the car: icé and per diem agreement under the [S. O. 851] (i> Two (2) refrigerator cars may be terms of that agreement; and that no­ furnished in lieu of one (1) box car tice of this order be given to the general P art 95— C ar S ervice ordered of a length of 40' 7", or less, public by depositing a copy in the office SUBSTITUTION OP REFRIGERATOR CARS FOR subject to the carload minimum weight of the Secretary of the Commission at BOX CARS which would have applied if the ship­ Washington, D. C., and by filing it with ment had been loaded in a box car of At a session of the Interstate Com­ the Director, Division of the Federal the size ordered. Register. merce Commission, Division 3, held at (ii) Three (3) refrigerator cars may its office in Washington, D. C., on the be furnished in lieu of one (1) box car (Sec. 12, 24 Stat. 883, as amended; 49 U. S. C. 29th day of May A. D. 1950. ordered of a length of over 40' 7", but 12. Interprets or applies sec. 1, 24 Stat. 379, as amended; 49 U. S. C. 1) It appearing, that the number of not over 50' 7", subject to the carload freight cars available for the movement minimum weight which would have ap­ By the Commission, Division 3. of box car freight in the States of Ore­ plied if the shipment had been loaded gon, California and Arizona has seriously in a box car of the size ordered. [ s e a l ] W. P. B artel, decreased recently; that at present the (b) Application. The provisions of Secretary. supply is insufficient to move such this section shall apply to shipments freight traffic of carriers serving those [F. R. Doc. 50-4733; Filed, June 1, 195Q; moving in intrastate commerce as well 8:50 a. m.]

PROPOSED RULE MAKING

DEPARTMENT OF THE TREASURY 3809, Internal Revenue Code; and sec­ Subpart B— De fin itio n s tion 161 R. S. (5 U. S. C. 22). Sec. Bureau of Internal Revenue 187.10 Meaning of terms. [ s e a l ] G eo . J. S c h o e n e m a n , [2 6 CFR, Part 187] 187.11 Collector. Commissioner of Internal Revenue. 187.12 Commissioner. D énaturation of R u m 1. These regulations shall, on and after 187.13 Distillery denaturing bonded ware­ house. NOTICE OF PROPOSED RULE-MAKING September 1,1950, supersede Regulations 16 (26 CFR, Part 187; 5 F. R., 2062), as 187.14 Distillery premises. A notice is hereby given, pursuant to 187.15 District supervisor. amended. 187.16 Gallon. the Administrative Procedure Act, ap­ 2. These regulations shall not affect or 187.17 I. R. C. proved June 11, 1946, that the regula­ limit any act done or any liability in­ 187.18 Person. tions set forth in tentative form below curred under any regulations superseded 187.19 Proof. are proposed to be prescribed by the hereby, or any suit, action, or proceeding 187.20 Proof gallon. Commissioner of Internal Revenue, with had or commenced in any civil, admin­ 187.21 Proof spirits. the approval of the Secretary of the istrative, or criminal cause and proceed­ 187.22 Proprietor. Treasury. Prior to final adoption of ing prior to the effective date of these 187.23 Rum. such regulations, consideration will be regulations, nor shall these regulations 187.24 Tank car. given to any data, views, or arguments release, acquit, affect, or limit any of­ 187.25 Tax gallon. 187.26 Inclusive language. pertaining thereto which are submitted fense committed in violation of previ­ in writing, in duplicate, to the Commis­ ously existing regulations, or any penalty, Subpart C— L ocation sioner of Internal Revenue, Washington 25, D.. C., within the period of 30 days liability or forfeiture incurred prior to 187.35 On distillery premises. such date. from the date of this notice in the Subpart D— Construction F ederal R egister. The proposed regu­ > Subpart A— Scope of R egulations 187.40 Buildings. lations are to be issued under the author­ Sec. 187.41 Denaturing material storeroom. ity of sections 2883, 2901, 3070, 3072, 3073, 187.1 Denaturation and withdrawal. 187.42 Rum storeroom. 3111, 3116, 3170, 3171, 3176, 3791, and 187.2 Sale and use. 187.43 Specially denatured rum storeroom. 3454 PROPOSED RULE MAKING

Sec. i Subpart P — Dénaturation of R u m LOSSES OF SPECIALLY DENATURED RUM IN TRANSIT 187.44 Empty'container storeroom. FOR EXPORT OR IN THE COURSE OF DELIVERY IN Sec. '.. TRUCKS OWNED OR CONTROLLED BY PROPRIETOR 187.45 Government cabinet. Ì87.180 General. Subpart E— Sig n 187.181 Notice, Form 576. Sec. fé7.182 Dénaturation. 187.289 Losses allowable without claim. 187.55 Posting of sign. 187.183 Measuring rum and dénaturants. 187.290 Losses requiring claim. 187.184 Responsibility of proprietor. Subpart F — Eq u ipm e n t CLAIM FOR ALLOWANCE OF LOSSES 187.185 Responsibility of storekeeper-gauger. 187.60 Scales. 187.291 Form of claims. Subpart Q— T ransfer of Denatured R u m to 187.61 Weighing tanks. 187.292 Supporting statements. Storage or Sh ip p in g Containers 187.62 Test weights. 187.293 Filing of claims. 187.63 Tanks. 187.195 Kinds of containers. 187.294 Report of losses. 187.64 Pipe lines. 187.196 Application to gauge, Form 577. 187.295 Investigation. 187.65 Colors for pipe lines. 187.296 Examination of claim. Subpart R— Markin g Containers of 187.66 General. 187.297 Records. Specially Denatured R u m 187.298 Failure to file claim. Subpart G— Qu a l if y in g D ocuments m ar k in g packages 187.75 Application, Form 571. Subpart X — P roprietor’s R ecord and R eport 187.76 Description of warehouse. 187.200 Serial number. of Dénaturants 187.201 Other required marks. 187.77 Description of tanks. 187.315 Record 129. 187.202 Additional marks. 187.78 Capacity. 187.316 Monthly report. 187.79 Amended and supplemental appli­ m ar k ing t a n k cars cations. Subpart Y — Storekeeper-G auger’s R ecord 187.80 Corporate documents. 187.203 Manner of marking. and R eport 187.81 Articles of copartnership or asso­ Subpart S— F u rn ish in g Samples of 187.325 Form. 575. ciation. D enatured R u m 187.326 Monthly report. 187.82 Power of attorney. 187.83 Bond, Form 572. 187.210 To whom samples may be furnished. Subpart Z—R eturn of Specially Denatured 187.84 Penal sum. 187.211 Application, Form 1512. R u m 187.212 Quantity limitation. 187.85 Plat and plans. 187.335 Entry on Form 575. 187.86 Additional information. 187.213 Labeling and sealing samples. 187.87 Instruments and papers. 187.214 Record of samples. Subpart AA— Operation Under a New I n d i­ vidual or Corporate N ame, or U nder Subpart T — Dispo sitio n of Specially Subpart H— R equirements G o ve r n in g Different T rade Names or Styles Changes in N am e, P roprietorship, Co n ­ D enatured R u m 187.340 Qualification required. trol, L ocatio n, P remises, and Eq u ip m e n t, 187.225 To permittees. and in th e T itle to th e P remises 187.226 Permit authority for shipment. 187.341 Records. 187.95 Procedure. 187.227 Withdrawal permit, Form 1477. Subpart BB— Change of P roprietorship 187.228 Cancellation of withdrawal permit. Subpart I— A c tio n b y D istrict Supervisor 187.229 Release of specially denatured rum 187.350 Completion of operations required. 187.351 Records and reports. 187.100 Procedure applicable. for shipment. ubpart afeguarding of overnment Subpart TJ—Exportation of Specially S CC— S G Subpart J—A c tio n b y Commissioner roperty Denatured R u m P 187.110 Procedure applicable. 187.240 Application, Form 1545. 187.360 Storage in Government cabinet. Subpart K — T e r m in a t io n of B onds 187.241 Consent of surety, Form 1533. Subpart DD— L ocks and Seals 187.242 Permit to export. 187.115 Denaturing warehouse bonds. 187.243 Consignment to collector of cus­ 187.365 General. 18/.116 Procedure. toms. 187.366 Where locks are required. Subpart L — Control, Custody, and 187.244 Export entry; certificate of e x p o r ­ 187.367 Seal locks. Supervision tation, etc. A u t h o r it y : §§ 187.1 to 187.367 issued under 187.245 Evidence of foreign landing. 187.125 Control of warehouse. 53 Stat. 375, 467; 26 U. S. C. 3176, 3791. In­ 187.246 Proof of loss after clearance. 187.126 Custody of warehouse. terpret or apply 53 Stat. 355; 26 U. S. C. 187.247 Losses in transit to port of export. 187.127 Admittance of Proprietor. 8070. Other statutory provisions interpreted 187.248 Shipment to American Territories 187.128 Storekeeper-gauger to supervise op­ or applied are cited to the text in paren­ and possessions. erations. theses. 187.1^9 Examination of warehouse. Subpart V—Sh ip m e n t and Delivery of De rivatio n: 58 187.1 to 187.367 are derived Specially Denatured R u m from Regulations 16, 1940 edition (26 CFR, Subpart M — T ransfer of R u m to W arehouse Part 187; 5 F. R. 2062), except as amended 187.260 Tank trucks. 187.135 Methods of transfer. by this notice. • 187.261 Packages. • 187.136 Application, Form 573. t 187.262 Tanks cars. Sec. 2883, I. R. C. T ransfer of spirits at 187.137 Sufficiency of bond. 187.263 Tank car label. registered .distilleries. 187.138 Report of gauge, Form 1520; pack­ 187.264 Deliveries by proprietor. ***** ages. 187.265 Report of shipment, Form 597. 187.139 Report of gauge, Form 1520; pipe (c) Transfer of rum for dénaturation. 187.266 Disposition of Form 597. Rum of not less than one hundred and fifty line transfers. 187.267 Investigation by district supervisor. 187.140 Transfer of rum. degrees of proof may be transferred by pipe­ 187.268 Memorandum of receipt, Form 187.141 Supervision of transfers. line for dénaturation from receiving cisterns 1453-A. 187.142 Disposition of Forms 573 and 1520. in the cistern room of any distillery to a Subpart W —L osses denaturing bonded warehouse on the dis­ Subpart N— F ormula for Dénaturation of tillery premises or to storage tanks situated R u m LOSSES IN DENATURATION in the internal revenue bonded warehouse 187.155 Special Formula No. 4. 187.280 Determined monthly. located on the distillery premises, or from 187.281 Losses allowable without claim. such storage tanks to a denaturing bonded Subpart O— Denaturing M aterials 187.282 Losses requiring claim. warehouse on the distillery premises. 4> 4b * * 4* 187.160 Storage of dénaturants, 187.283 Illegal diversion or removal. 187.161 Taking samples of dénaturants. Sec. 2901, I. R. C. Loss allowances. 187.162 Container to be sealed. LOSSES OF RUM BY THEFT, VOLUNTARY (a ) Extent. No tax shall be collected in 187.163 Packaging samples of dénaturants. DESTRUCTION, OR CASUALTY respect of distilled spirits lost or destroyed 187.164 Shipment of samples to authorized 187.284 Procedure applicable. while in bond, except that such tax shall be chemist. collected— 187.165 Report of analysis by the chemist. LOSSES OF SPECIALLY DENATURED RUM AT (1) Theft. In the case of loss by theft 187.166 Retention of samples. DENATURING BONDED WAREHOUSE Unless the Commissioner shall find that the 187.167 Approval of dénaturants; theft occurred without connivance, collusion, 187.168 Treatment of disapproved dénatur­ 187.285 Determined monthly. fraud, or negligence on the part of the dis­ ant. 187.286 Losses allowable without claim. tiller, warehouseman, owner, consignor, con­ 187.169 Supplying dénaturant to other pro­ 187.287 Losses requiring claim. signee, bailee, or carrier, or the employees of prietors. 187.288 Illegal diversion or removal. any of them; and

Tt Friday, June 2, 1950 FEDERAL REGISTER 3455

(2) Voluntary destruction. In the case of some other chemical substance and does not of such liquor or property, shall be in ac­ voluntary destruction unless the distilled appear in the finished product as alcohol. cordance with existing laws or those here­ spirits were unfit for use for beverage pur­ Rum of not less than one hundred and fifty after in existence relating to seizures, poses and the distiller, warehouseman, or degrees proof may be withdrawn, for dénatur­ forfeitures, and disposition of property or other person responsible for the tax, obtained ation only, in accordance with the provisions proceeds, for violation of the internal- the, written permission of the Commissioner of subsection (a ). revenue laws. for such destruction in each case. ***** Sec. 3170,1. R. C. T ransfer and delegation (b ) Proof of loss. In any case in which Sec. 3072, I. R. C. Un la w fu l use or con­ of POWERS. spirits are lost or'destroyed, whether by theft cealm ent OF DENATURED ALCOHOL.. The Secretary is authorized to confer and or otherwise, the Commissioner may require Any person who withdraws alcohol free of impose upon the Commissioner and any of the distiller or warehouseman or other per­ tax under the provisions of section 3070 (a ) his assistants, agents, or employees, and son responsible for the tax to file a claim for and regulations made in pursuance thereof, upon any other officer, employee, or agent relief from the tax and submit proof as to and who removes or conceals same, or is of the Treasury Department, any of the the cause of such loss. In every case where concerned in removing, depositing or con­ rights, privileges, power, duties, and protec­ it appears that the loss was by theft, the cealing same for the purpose of preventing tion conferred or imposed upon the Secretary, burden shall be upon the distiller or ware­ the same from being denatured under gov­ or any officer or employee of the Treasury houseman or other person responsible for the ernmental supervision, and any person who Department, by any law now or hereafter in tax to establish to the satisfaction of the uses alcohol withdrawn from bond under the force relating to the taxation, exportation, Commissioner that such loss did not occur provisions of said section for manufacturing transportation, manufacture, possession, or as, the result of connivance, collusion, fraud, any beverage or liquid medicinal preparation, use of, or traffic in, distilled spirits, wine, fer­ or negligence on the part of the distiller, or knowingly sells any beverage or liquid mented liquors, or denatured alcohol. warehouseman, owner, .consignor, consignee, medicinal preparation made in whole or in Sec. 3171, I. R. C. R ecords, statem ents, bailee, or carrier, or the employees of any of part from such alcohol), or knowingly violates AND RETURNS. them. ' any of the provisions of section 3070 (a) or (a) Requirements. Every person liable to (c) Refund of tax. When, in any case 3073, or (except as provided in section 3073) any tax imposed by this chapter, or for the where the tax would not be collectible by who shall recover or attempt to recover by collection thereof, shall keep such records, virtue of subsection (a), but such tax has redistillation or by any other process or rendér under oath such statements, make been paid, the Commissioner shall refund means, any alcohol rendered unfit for bev­ such returns, and comply with such rules and such tax. Nothing in section 2901 as hereby erage or liquid medicinal purposes under the regulations, as the Commissioner, with the amended, or as heretofore amended, shall be provisions of section 3070 ( a ) , or who know­ approval of the Secretary, may from time construed to authorize refund of the tax ingly uses, sells, conceals, or otherwise dis­ to time prescribe. where the loss occurred after the tax was poses of alcohol so recovered or redistilled, (b ) Transfer of duties. For transfer of paid. shall on conviction of each offense "be fined powers and duties of Commissioner and his (d) Insurance 'coverage. The abatement not more than $5,000, or be imprisoned not agents, see section 3170. or refund of taxes provided for by subsection more than five years, or both, and shall, in Sec. 3176, I. R. C. R ules and regulations. (a) and (c) in the case of loss of distilled addition, forfeit to the United States all per­ (a) Power of Commissioner. The Com­ spirits by theft shall only be allowed to the sonal property used in connection with his missioner, with the approval of the Secretary, extent that the claimant is not indemnified business, together with the buildings and lots shall prescribe and publish all needful rules against or recompensed for such loss.. or parcels of ground constituting the prem­ and regulations for the enforcement of this (e) Transfer of duties. For transfer of ises on which said unlawful acts are per­ chapter. powers and "duties of Commissioner and his formed or permitted to be performed. (b ) Transfer of duties. For transfer of agents, see section 3170. Sec. 3073, 1. R. C. R ecovery of spirits for powers and duties of Commissioner and his Sec. 3070, I. R. C. W ithdraw al from bond REUSE IN MANUFACTURE. agents, see section 3170. TAX FREE. (a) Regulations. Manufacturers employ­ Sec. 3791, 1. R. C. R ules and regulations. (a) For industrial use. Domestic alcohol ing processes in which alcohol, used free of (a ) Authorization— (1) In general. Ex­ of such degree of proof as may be prescribed tax under the provisions of section 3070 (a ), cept as provided in section 1928 (a ), Cotton by the Commissioner, and approved by the is expressed or evaporated from the articles Futures, section 2599, Marihuana, section Secretary, may be withdrawn from bond with­ manufactured, shall be permitted to recover 2559, Narcotics, section 3176, Liquor, and sec­ out the payment of internal revenue tax, for such alcohol and to have such alcohol re­ tion 1805, Silver, the Commissioner, with the use in the arts and Industries, and for fuel, stored to a condition suitable solely for approval of the Secretary, shall prescribe and light, and power, provided said alcohol shall reuse in manufacturing processes under such publish all needful rules and regulations for have been mixed in the presence and under regulations as the Commissioner, with the the enforcement of this title. the direction of an authorized Government approval of the Secretary, shall prescribe. (2) In case' of change in law. The Com­ officer, after withdrawal from the distillery Sec. 3111,1. R. C. T axability of denatured missioner may make all such regulations, not warehouse, with methyl alcohol or other ALCOHOL OR ARTICLES PRODUCED, TRANSFERRED, otherwise provided for, as may have become denaturing material or materials, or admix­ USED, OR SOLD IN VIOLATION OF LAW OR necessary by reason of any alteration of law ture of the same, suitable to the use for which REGULATIONS. in relation to internal revenue. the alcohol is withdrawn, but which destroys Any person who shall produce, withdraw, (b ) Retroactivity of regulations or rulings. its character as a beverage and renders it unfit sell, transport, or use denatured alcohol, de­ The Secretary, or the Commissioner with the for liquid medicinal purposes; such denatur­ natured rum, or articles in violation of laws approval of the Secretary, may prescribe the ing to be done upon the application of any or regulations now or hereafter in force per­ extent, if any, to which any ruling, regula­ registered distillery in denaturing bonded taining thereto, and all such denatured al­ tion, or Treasury Decision, relating \o the warehouses specially designated or set apart cohol, denatured rum, or articles shall be internal revenue laws, shall be applied with­ for denaturing purposes only, and under con- subject to all provisions of law pertaining to out retroactive effect. ditions prescribed by the Commissioner with alcohol that is not denatured, including Sec. 3809, I. R. C. Verification of re­ the approval of the Secretary. those requiring the payment of tax thereon; t u r n s : PÉNALITÉS OF PERJURY. The character and quantity of the said and, the person so producing, withdrawing, (a) Penalties. Any person who willfully denaturing material and the conditions upon selling, transporting, or using the denatured makes and subscribes any return, statement, which said alcohol may be withdrawn free of alcohol, denatured rum, or articles shall be or other document, which contains or is veri­ tax shall be prescribed by the Commissioner, required to pay such tax. fied by a written declaration that it is made who shall, with the approval of the Secretary, Sec. 3116, I. R. C. F orfeitures and sei­ under the penalties of perjury, and which he make all necessary regulations for carrying zures. does not believe to be true and correct as into effect the provisions of this subsection. It shall be unlawful to have or possess any to every material matter, shall be guilty of a Distillers, manufacturers, dealers and all liquor or property intended for use in vio­ felony, and, upon conviction thereof, shall other persons furnishing, handling or using lating the provisions of this part, or the be fined not more than $2,000 or imprisoned alcohol withdrawn from bond under the pro­ internal-revenue laws, or regulations pre­ not more than five years, or both. visions of this section shall keep such books scribed under such part or laws, or which has (b ) Signature presumed correct. The fact and records, execute such bonds and render been so used, and no property rights shall that an individual’s name is signed to a re­ such returns as the Commissioner, with the exist in any such liquor or property. A search turn, statement, or other document filed approval of the Secretary, may by regulation warrant may issue as provided in title X I of shall be prima facie evidence for all purposes require. Such books and records shall be the Act of June 15,1917, 40 Stat. 228 (U. S. C., that the return, statement, or other docu­ open at all times to the inspection of any Title 18, sections 611-633), for/the seizure of ment was actually signed by him. internal revenue officer or agent. such liquor or property. Nothing in this (c) Verification in lieu of oath. The Com­ (b ) For use in manufacture of chemicals. section shall in any manner limit or affect missioner, under regulations prescribed by Notwithstanding anything contained in sub­ any criminal or forfeiture provision of the him with the approval of the Secretary, may section (a ), domestic alcohol when suitably internal-revenue laws, or of any other law. denatured may be withdrawn from bond The seizure and forfeiture of any liquor or require that any return, statement, or other without the payment of internal revenue tax property under the provisions of this part, document required to be filed under any pro­ and used in the manufacture of ether and and the disposition of such liquor or prop­ vision of the internal revenue laws shall chloroform and other definite chemical sub­ erty subsequent to seizure and forfeiture, or contain or be verified by a written declaration stances where said alcohol is changed into the disposition of the proceeds from the sale that it is made ünder the penalties of per- 3456 PROPOSED RULE MAKING

Jury, and such, declaration shall be in lieu 60 degrees Fahrenheit, stated as twice the doors, windows, and other openings of any oath otherwise required. the percent of ethyl alcohol by volume. shall be constructed, and such doors, Sec. 161, R. S. ^5 U. S. O. 22). D epart­ windows, and other openings shall be m e n ta l regulations. The head of each § 187.20 Proof gallon. “ Proof gallon” protected and secured, in accordance department is authorized to prescribe regu­ shall mean the alcoholic equivalent of a with the requirements, insofar as appli­ lations, not inconsistent with law, for the United States gallon at 60 degrees Fahr­ government of his department, the conduct cable, of Regulations 10 (26 CFR, Part enheit, containing 50 percent of ethyl 185), relating to internal revenue bonded of its officers and clerks, the distribution and alcohol by volume. performance of its business, and the custody, warehouses ; and the means of ingress to use, and preservation of the records, papers § 187.21 Proof spirits. “Proof spirits” and egress from the denaturing bonded and property appertaining to it. shall mean that alcoholic liquor which warehouse shall conform to the require­ ments of such part. S ubpart A—S cope op R eg u lat io n s contains 50 per cent of ethyl alcohol by volume at 60 degrees Fahrenheit and § 187.41 Denaturing material store­ § 187.1 Dénaturation and withdrawal. which has a specific gravity of 0.93418 in These regulations, Regulations 16, “Dé­ room. The proprietor must provide air at 60 degrees Fahrenheit referred to within the denaturing bonded warehouse naturation of Rum” (26 CPR, Part 187), water at 60 degrees Fahrenheit as unity. contain the procedural and substantive a denaturing material storeroom for use requirements relative to the dénatura­ (53 Stat. 307; sec. 2809, I. R. C.) solely for the storage of denaturing ma­ tion of rum and its withdrawal from the § 187.22 Proprietor. “Proprietor” terials, except that this requirement distillery denaturing bonded warehouse. shall mean the operator of the distillery shall not apply where permanently fixed The regulations cover the location, con­ denaturing bonded warehouse, unless metal tanks of such size that they cannot struction, equipment, action by the dis­ otherwise indicated. be readily removed and so constructed trict supervisor and Commissioner; that they can be securely locked with a control, custody, and supervision o f § 187.23 Rum. “Rum” shall mean Government lock, are installed within warehouse; transfer of rum to ware­ any alcoholic distillate from the fer­ the denaturing bonded warehouse for the mented juice of sugarcane, sugarcane house, and the dénaturation of rum; the storage of the denaturing materials. disposition of denatured rum; and, con­ sirup, sugarcane „ molasses, or other The proprietor shall place over the en­ cerning the use, exportation, shipment, sugarcane byproducts distilled at less trance door of the room a sign bearing, than 190 degrees of proof in such manner losses, records and reports, of rum and in plain and legible letters, the words that the distillate possesses the taste, denatured rum. “Denaturing Material Storeroom.” If aroma, and characteristics generally at­ more than one such storeroom is pro­ §•187.2 Sale and use. The sale of de­ tributed to rum, and withdrawn at not vided, each shall be given an alphabetical natured rum by dealers, and the use less than 150 degrees of proof. designation, which shall appear on the thereof by manufacturers, shall be in sign. I f dénaturants are stored in orig­ accordance with the provisions of Regu­ § 187.24 Tank Car. “ Tank car” shall inal packages or other portable recepta­ lations 3 (26 CFR, Part 182). mean a railroad tank car conforming to cles, a denaturing material storeroom the requirements of this part. S ubpar t B — D e f in it io n s must be provided. The walls of the de­ § 187.25 Tax gallon. “Tax gallon” naturing material storeroom must be § 187.10 Meaning of terms. As used shall mean the unit of distilled spirits securely constructed of substantial ma­ in this part, unless the context otherwise upon which the rate of tax prescribed by terials and extend from the floor to the requires, terms shall have the meanings section 2800 I. R. C., is applied. When ceiling. The entrance door of such store­ ascribed in this subpart. spirits are 100 degrees or more of proof, room must open into the denaturing § 187.11 Collector. “ Collector” shall the tax rate is applied on the proof gal­ bonded warehouse, and be so equipped mean the collector of internal revenue. lon. - When spirits are less than 100 de­ that it may be securely locked with a grees of proof, it is applied on the wine Government lock. All other doors of § 187.12 Commissioner. “ Commis­ gallon. such storeroom must be locked on the sioner” shall mean the Commissioner of inside of the room with Government Internal Revenue. § 187.26 Inclusive language. Words locks. in the plural form shall include the § 187.13 Distillery denaturing bonded singular, and vice versa, and words in § 187.42 Rum storeroom. Where rum warehouse. “Distillery denaturing the masculine gender shall include fe­ is received in barrels, drums, or similar bonded warehouse” or “ denaturing males, associations, copartnerships, and containers, the proprietor must provide bonded warehouse” shall mean a bonded corporations. within the denaturing bonded warehouse warehouse established or operated under a rum storeroom for use solely for the the provisions of this part on the prem­ S ubpart C—L o c a t io n storage of rum, unless all rum received ises of a registered distillery for the dé­ § 187.35 On distillery premises. Dis­ in such containers is immediately trans­ naturation of rum of not less than 150 tillery denaturing bonded warehouses ferred into rum storage or mixing tanks degrees of proof produced at such for the denaturation of rum of not less provided in accordance with § 187.63. distillery. \ than 150 degrees of proof may be es­ The rum storeroom must be constructed § 187.14 Distillery premises. “Distill­ tablished by the proprietor of a regis­ in accordance with the requirements of ery premises” shall mean the lot or tract tered distillery only, and such warehouse § 187.40. The entrance door of such of land described in the distiller’s notice, must be located on the distillery storeroom must be so equipped that it Form 27-A, on which the distillery is premises. may be securely locked on the outside of located. the room with a Government lock. The S ubpar t D— C onstruction proprietor shall place over the entrance § 187.15 District supervisor. “ District § 187.40 Buildings. The buildings or door of the room a sign bearing, in plain supervisor” or “supervisor” shall mean and legible letters, the words “ Rum the person having charge of a supervi­ rooms constituting the distillery dena­ turing bonded warehouse must be se­ Storeroom.” If more than one such sory district of the Alcohol Tax Unit of storeroom is provided, each shall be given the Bureau of Internal Revenue. curely constructed of brick, stone, wood, concrete, or other substantial material an alphabetical designation, which shall § 187.16 Gallon. “ Gallon” or “ wine and must be completely separated from appear on the sign. gallon” shall mean a United States gal­ contiguous buildings or rooms by solid, § 187.43 Specially denatured rum lon of liquid measure equivalent to the unbroken walls or partitions of substan­ storeroom. Where specially denatured volume of 231 cubic inches. tial construction extending from the rum is retained on the premises in bar­ ground or floor to the roof or ceiling: § 187.17 I. R. C. “I. R. C.” shall mean rels, drums, cans, or similar containers, the Internal Revenue Code. Provided, That necessary openings may be permitted in such walls or partitions the proprietor must provide on the de­ § 187.18 Person. “Person” or “ pro­ for the passage of approved steam, naturing bonded warehouse premises a prietor” shall include natural persons, water, electric, sewer, or similar lines, separate room (or building) for use associations, copartnerships, and corpo­ and for the passage of approved pipe­ solely for the storage of specially de­ rations. lines for the conveyance of rum to the natured rum. The specially denatured § 187.19 Proof. “ Proof” shall mean denaturing bonded warehouse. The rum storeroom must be constructed lh the ethyl alcohol content of a liquid at foundations, floors, walls, and roofs and accordance with the requirements of Friday, June 2, 1950 FEDERAL REGISTER 8457

§ 187.40. The entrance door of such marked in accordance with the pro­ Part 185), concerning details of con­ storeroom must be so equipped that it visions of Regulations 4 (26 CEPR, Part struction and equipment, and the con­ may be securely locked on the outside of 183), to weigh such rum upon its receipt: struction and equipment of existing the room with a Government lock. The Provided, That where rum received by warehouses, shall apply to distillery de­ proprietor shall place over the entrance pipeline is weighed in the distillery or naturing bonded warehouses. internal revenue bonded warehouse door of the specially denatured rum S u b pa r t G — Q u a l if y in g D o c u m e n t s storeroom a sign bearing, in plain and prior to transfer, it need not be weighed legible letters, the words “Specially De­ again in the distillery denaturing bonded § 187.75 Application, Form 571. natured Rum Storeroom.” I f more than warehouse prior to deposit in storage or Every person engaged in the business of one such storeroom is provided, each mixing tanks. operating a registered distillery or in­ tending to engage therein, who desires to shall be given an alphabetical designa­ § 187.62 Test weights. The proprie­ tion, which shall appear on the sign. establish a distillery denaturing bonded tor shall provide a: set of test weights warehouse on the distillery premises, § 187.44 Empty container storeroom. conforming to the requirements of Regu­ shall file application therefor on Form If empty barrels or other containers are lations 4 (26 CFR, Part 183), unless he 571, in triplicate, with the district super­ to be stored in the denaturing bonded has provided such test weights at the visor. Except as provided in § 187.79, in warehouse, a separate room must be pro­ distillery or at an internal revenue bond­ the case of amended and supplemental vided for such purpose. Such room shall ed warehouse on the same or contiguous applications, all of the information indi­ premises or at a rectifying plant or tax- not have any means of interior com­ cated by the headings of the various col­ munication with any other part of the paid bottling house on contiguous prem­ umns and lines on the form, and the denaturing bonded warehouse. This ises. Such test weights shall be under instructions printed thereon, or issued room may be used for general cooperage the control and in the custody of the in respect thereto and as required by purposes. storekeeper-gauger in charge, who shall this part, shall be furnished. Applica­ keep them under Government lock when tions on Form 571 must be signed in § 187.45 Government cabinet. There not in use. shall be provided in the denaturing accordance with the instructions printed bonded warehouse a metal cabinet of § 187.63 Tanks. Rum storage tanks, on the form and sworn to before an adequate strength and size, suitably denaturing material storage tanks, mix­ officer authorized to administer oaths: equipped for locking with a Government ing tanks, denatured rum tanks, and Provided, That if the form officially pre­ seal lock, for use in safeguarding the other similar tanks shall be constructed scribed for such application contains keys of Government locks, seals, records, and secured in conformity with the pro­ therein a provision for verification by a and other Government property: Pro­ visions of Regulations 4 (26 CFR, Part written declaration that such applica­ vided, That where a cabinet of sufficient 183). Each tank shall have plainly and tion is made under penalties of perjury, size conforming to these specifications is legibly painted thereon its designated such application shall be verified by the installed in the Government office for the use, such as “Rum Storage Tank,” “De­ execution of such declaration, and such distillery or internal revenue bonded naturing Material Storage Tank,”' etc., declaration so executed shall be in lieu warehouse, and such office is so located followed by its serial number and capac­ of the oath required herein for verifica­ that the cabinet therein will be read­ ity in gallons. tion. Such applications must be num­ bered serially, commencing with number ily accessible to Government officers § 187.64 Pipelines. Pipelines for the assigned to the denaturing bonded ware­ conveyance of rum to and from storage, 1 and continuing in regular sequence for house, a separate cabinet in the de­ weighing, or gauge tanks; nun and de- all applications thereafter filed, whether amended or supplemental. naturing bonded warehouse will not be naturants to mixing tanks; and de­ required. Each Government cabinet natured rum from mixing tanks and to (68 Stat. 667; sec. 8809, I. R. C.) shall be subject to approval by the dis­ and from denatured rum storage tanks; § 187.76 pescription of warehouse. trict supervisor.. shall be of a fixed and permanent The application shall contain a complete S ubpar t E — S ig n character, constructed, secured, and ex­ description of the buildings or rooms posed to view throughout their entire § 187.55 Posting of sign. The pro­ constituting the warehouse, in accord­ lengths, in conformity with the require­ ance with the requirements, insofar as prietor shall place and keep conspicu­ ments, insofar as applicable, of Regula­ ously on the outside and at the front of applicable, of Regulations 4 (26 CFR, tions 10 (26 CPR, Part 185), relating to Part 183). the denaturing bonded warehouse where internal revenue bonded warehouses. it can be plainly seen, a sign exhibiting Pipelines for the conveyance of other § 187.77 Description of tanks. Rum in plain and legible letters painted in oil substances shall not be permanently storage tanks, weighing tanks, denatur­ colors or gilded, not less than 3 inches connected with such tanks. ing material storage tanks, mixing tanks, in height, and of a proper and propor­ and denatured rum tanks shall be de­ tionate width, the name of the proprietor § 187.65 Colors for pipelines. The scribed in the application, Form 571, the and the words “Distillery Denaturing pipelines in the denaturing bonded ware­ designation, serial number, and capacity Bonded Warehouse,” followed by the house used for conveying the following in gallons of each being shown. registered number of the warehouse. If substances shall be kept painted in the the warehouse consists of two or more colors indicated: § 187.78 Capacity. The estimated buildings, the required sign will be placed maximum quantity, in proof gallons, of Black______Rum. rum to be received in the denaturing over the entrance of each building, and Dark green______Denatured rum. there shall also be shown on such sign Light green______Denaturants. bonded warehouse during a period of 30 the alphabetical designation of the W hite______Water. days shall be stated in the application. building. Aluminum______Steam. § 187.79 Amended and supplemental Orange______:______Air. S ub pa r t P — E q u ip m e n t applications. The provisions of Regula­ These colors are intended for such pipe­ tions 4 (26 CFR, Part 183), regarding the § 187.60 Scales. The proprietor of lines only, and are prescribed for the filing of amended and supplemental ap­ the denaturing bonded warehouse must purpose of distinguishing such pipe­ plications, shall apply to Form 571. provide suitable and accurate scales for lines from each other and from all other weighing rum gauged in packages and § 187.80 Corporate documents. Where pipelines on the premises which are the applicant is a corporation there must specially denatured rum drawn into painted but for which colors are not packages. The beams or dials of such be submitted with and made a part of the prescribed. The painting in one of the application, Form 571, certified copies, in scales must indicate weight in half- prescribed colors, or a color similar pound graduations. triplicate, of the supporting documents thereto, of a pipeline for which a color described in Regulations 4 (26 CFR, § 187.61 Weighing tanks. Where rum is not prescribed, is prohibited. Pipe­ Part 183), unless such documents were received in packages, or by pipeline is lines for which colors are not prescribed filed with and made a part of the dis­ transferred into storage or mixing tanks, may be painted in sections of not more tiller’s notice, Form 27-A, in which event the proprietor must provide in the de­ than 3 feet in contrasting colors. a statement, in triplicate, to that effect naturing bonded warehouse one or more § 187.66 General. The applicable may be submitted in lieu of a separate suitable weighing tanks, constructed and provisions of Regulations 10 (26 CFR, set of such documents. 3458 PROPOSED RULE MAKING

§ 187.81 Articles of copartnership or § 187.86 Additional information. The of collateral need not be deferred for a association. Where the applicant is a Cdmmissioner or the district supervisor period of 6 months from the date of copartnership or association there must may at any time, in his discretion, re­ determination that there is no outstand­ be submitted with and made a part of quire the proprietor to furnish such ad­ ing liability against the bond* the application, Form 571, certified ditional information as he may deem S ubpart L — C o n t r o l, C u s t o d y , and copiés, in triplicate, of the articles of co­ necessary. S u p e r v is io n partnership or association, if any, unless § 187.87 Instruments and papers. certified copies of such articles were filed The terms, conditions, and instructions § 187.125 Control of warehouse. with and made a part of the distiller’s contained in instruments and papers re­ Every distillery denaturing bonded ware­ notice, Form 27-A, in which event a quired to be furnished by law or regula­ house shall be under the control of the statement, in triplicate, to that effect tions are hereby made a part of this supervisor of the district in which such may be submitted in lieu of a separate part as fully and to the same extent as warehouse is located. set of such articles. if incorporated herein. § 187.126 Custody of warehouse. § 187.82 The pro­ Each distillery denaturing bonded ware­ Power of attorned. S u b pa r t H — R equirements G o ve r n in g house shall be in the joint custody of visions of Regulations 4 (26 CFR, Part C hang es i n N a m e, P roprietorship, the storekeeper-gauger and of the pro­ 183), concerning powers of attorney, C o n t r o l , L o c a t io n , P r em ise s, and prietor, and shall at no time be unlocked shall apply to proprietors of distillery E q u ip m e n t , and i n t h e T it l e to th e or opened or remain open when rum or denaturing bonded warehouses: Pro­ P rem ises vided, That where a power of attorney denatured rum is present therein, except has been filed in connection with the dis­ § 187.95 Procedure. The procedure in the presence of the storekeeper- tiller’s notice, Form 27-A, and support­ prescribed in Regulations 4 (26 CFR, Part gauger. The keys to all Government ing documents, and the terms of such 183), governing changes in name, pro­ locks shall remain at all times in the power of attorney are broad enough to prietorship, control, location, premises, custody of the storekeeper-gauger or of cover the execution of documents re­ and equipment, and in the title to the the district supervisor or other officer quired for the denaturing bonded ware­ distillery premises, or the encumbrance designated by him. The storekeeper- house, a statement, in triplicate, regard­ thereof, is hereby extended, insofar as gauger having custody of such keys will ing such filing of the power of attorney applicable, to distillery denaturing not permit any other person, except the may be submitted with the denaturing bonded warehouses. district supervisor or other authorized officer, to secure possession of them. bonded warehouse application, Form 571, S u bpar t I — A c t io n b y D istr ic t and supporting documents, in lieu of ad­ S uper viso r § 187.127 Admittance of proprietor. ditional copies of the power of attorney. § 187.100 Procedure applicable. The The proprietor shall upon request at rea­ § 187.83 Bond, Form 572. Every per­ provisions of Regulations 4 (26 CFR, Part sonable times have admittance, in the son desiring the establishment of a dis­ 183), respecting action by the district presence of the storekeeper-gauger, to tillery denaturing bonded warehouse on supervisor in connection with the estab­ the warehouse. The warehouse shall his distillery premises shall, upon filing lishment, and changes subsequent to es­ not be opened on Sunday or at night, his application, Form 571, execute bond tablishment, of distilleries are hereby except in cases of emergency, and then on Form 572, in triplicate, with surety or extended, insofar as applicable, to dis­ only with the approval of the district supported by collateral security, and file tillery denaturing bonded warehouses. supervisor: Provided, That where the the same with the district supervisor. rum is in imminent danger of loss by fire, Bonds on Form 572, and consents of S ubpar t J— A c t io n b y C ommissioner flood, or other casualty, and it is imprac­ surety to changes in the terms thereof, § 187.110 Procedure applicable. The ticable to first obtain authorization from shall conform to the requirements of provisions of Regulations 4 (26 CFR, Part the district supervisor for the opening Regulations 10 (26 CFR, Part 185), the 183), respecting action by the Commis­ of the warehouse, the storekeeper- provisions of which part are hereby ex­ sioner in connection with the establish­ gauger may, upon the request of the pro­ tended, insofar as applicable, to bonds ment, and changes subsequent to prietor, open the warehouse for the pur­ and consents of surety required of pro­ establishment, of distilleries are hereby pose of preventing loss of the rum, but a prietors of distillery denaturing bonded extended, insofar as applicable, to report thereof must be made immedi­ warehouses. distillery denaturing bonded warehouses. ately, by telephone or telegraph where possible, to the district supervisor: And § 187.84 Penal sum. The penal sum S ubpart K — T e r m in a t io n o f B o nds provided further, That where the rum is of the distiller’s denaturing warehouse in imminent danger of loss by fire, and bond, Form 572, shall be not less than the §187.115 Denaturing warehouse bonds. Distillers’ denaturing warehouse it is impracticable to first communicate amount of internal revenue tax at the with the district supervisor or the store­ rate prescribed by law on the maximum bonds, Form 572, may be terminated as to liability for rum transferred to the keeper-gauger, city and State fire officers quantity of rum that will be withdrawn may break open the warehouse for the and transferred to the denaturing bonded denaturing bonded warehouse after a specified, future date pursuant to appli­ purpose of preventing loss of the rum, warehouse for dénaturation during any but a similar report thereof must be cation by the surety; for transactions calendar month, plus the quantity, either made immediately to the district super­ subsequent to the effective date of an undenatured or specially denatured, visor. which may remain on hand at the be­ approved superseding bond; or for future ginning of the month, but in no case shall transactions upon discontinuance of § 187.128 Storekeeper-gauger to su­ the penal sum . of the bond be less than business by the principal after dénatura­ pervise operations. The distillery denat­ $5,000 or more than $100,000. tion of all rum withdrawn or possessed uring bonded warehouse will be operated under the bond and the lawful removal under the supervision of the storekeeper- § 187.85 Plat and plans. Every person of all denatured rum from the warehouse. gauger assigned to the distillery or the desiring the establishment of a distillery internal revenue bonded warehouse: denaturing bonded warehouse on his dis­ § 187.116 Procedure. The termina­ Provided, That where operations at the tillery premises must submit to the dis­ tion of such bonds and the release of distillery or the internal revenue bonded trict supervisor with his application, collateral deposited in support thereof warehouse are such that the officer or shall be in accordance with the condi­ Form 571, accurate copies of the plat of officers assigned thereto cannot ade­ tions specified in § 187.115 and with the quately supervise the operations at the the distillery premises and accurate plans applicable procedure prescribed by Reg­ of the denaturing bonded warehouse denaturing bonded warehouse, the dis­ ulations 10 (26 CFR, Part 185) for the trict supervisor will assign one or more buildings, apparatus, and equipment, in termination of bonds and the release of triplicate. The plat and plans shall con­ officers to the denaturing bonded ware­ collateral deposited to support the same, house in order that the required super­ form to the requirements of Regulations except that the district supervisor’s in­ vision may be maintained. 10 (26 CFR, Part 185), the provisions of quiry shall determine whether all rüm which part are hereby extended, insofar withdrawn or possessed and all specially § 187.129 Examination of warehouse. as applicable, to plats and plans required denatured rum manufactured or pos­ The storekeeper-gauger charged with of proprietors of distillery denaturing sessed, while the bond was in effect, have the duty of supervising the operations bonded warehouses. been duly accounted for; and the release of the denaturing bonded warehouse Friday, June 2, 1950 FEDERAL REGISTER 3459

will, prior to commencement of opera­ packages may be transferred to the de­ pipeline and the distillery receiving tions, examine the warehouse and. its naturing bonded warehouse on the origi­ cistern or weighing tank, or warehouse equipment and will determine that the nal gauge, if such transfer is made within storage or gauging tank will be immedi­ doors, windows, and other openings are 30 days of the date of the original entry ately closed by the proprietor and locked properly protected and equipped for for deposit. The storekeeper-gauger will by the storekeeper-gauger. The valves locking; that the inlets, outlets, and enter on Form 1520 the weights and on the pipelines, and the openings of other necessary openings of rum storage proofs found on gauge and will return the tanks containing rum or specially de­ tanks, weighing tanks, mixing tanks, de­ form to the proprietor tor completion. natured rum, shall be kept closed and naturing material tanks, and denatured Upon completion, the Form 1520 will be locked at all times, except when required rum tanks, and valves in pipelines, are returned to the storekeeper-gauger for to be open for the transfer of rum or properly equipped for locking; that the verification and signature. Where pack­ specially denatured rum or for other Government cabinet is so equipped that ages of rum are transferred to the necessary purposes. Whenever rum or the door thereto may be securely locked denaturing bonded warehouse on the specially denatured rum is to be trans­ with a Government seal lock; and that original gauge, the proprietor will copy ferred into or out of tanks the store­ all tanks, pipelines, pipeline connections, the details of such gauge on Fôrm 1520. keeper-gauger will open and close the and other equipment conform to the re­ When rum for denaturation is trans­ locks, but it shall be the duty of the quirements of this part. The store­ ferred in packages, a careful inspection proprietor to manipulate the stopcocks keeper-gauger will apply Government of such packages will be made prior to or valves controlling the flow of the locks and seals wherever the same are transfer, jind where evidence of tamper­ spirits. The storekeeper-gauger will not required. ing or unusual loss is found, the pro­ pe’rmit the transfer of rum from the S u bpar t M — T ransfer o f R u m to visions of Regulations 10 (26 CFR, Part distillery cistern room or the internal W ar eh o use 185), relative to losses of distilled spirits revenue bonded warehouse to the de­ in bond will be followed. naturing bonded warehouse by pipeline § 187.135 Methods of transfer. Rum unless the use of such pipeline has been of not less than 150 degrees of proof § 187.139 Report of gauge, Form approved in accordance with the provi­ 1520; pipeline transfers. Where the rum may be transferred for denaturation to sions of this part. a distillery denaturing bonded ware­ described in the application, Form 573, house located on the distillery premises: is to be transferred from distillery re­ § 187.142 Disposition of Forms 573 (a) By pipeline direct from the dis­ ceiving cisterns or warehouse storage and 1520. Upon the transfer of the rum, tillery receiving cisterns through weigh­ tanks, it will be run into a weighing or the storekeeper-gauger will execute his ing tanks to storage or mixing tanks in gauging tank and carefully gauged. certificate of gauge and transfer on each the denaturing bonded warehouse; Where no weighing or gauging tank is copy of Form 573, retain one copy of (b) By pipeline from the distillery re­ provided in the distillery or internal rev­ Form 573, with Form 1520 attached, de­ ceiving cisterns through weighing tanks enue bonded warehouse, the rum may be liver one copy of each to the proprietor to storage tanks in an internal revenue gauged in a weighing tank in the de­ and forward one copy of each to the dis­ bonded warehouse on the distillery naturing bonded warehouse, in which trict supervisor. premises and from such warehouse stor-' case the rum shall be run directly from S ubpar t N — F o r m u la for D enaturation age tanks through weighing tanks to the receiving cistern or storage tank to of R u m storage or mixing tanks in the denatur­ a weighing tank in the denaturing bond­ ing bonded warehouse; or ed warehouse. The storekeeper-gauger § 187.155 Special Formula No. 4. The (c) In original packages, from an in­ will prepare Form 1520, in triplicate, and following formula is prescribed for the ternal revenue bonded warehouse on the enter the details of the gauge thereon. denaturation of rum : distillery premises, if such rum was pro­ (53 Stat. 835, as amended; sec. 2883,1. R. G.) Special F ormula N o. 4 duced at the distillery on the same To every 100 gallons of rum of not less than premises. § 187.140 Transfer of rum. Upon completion of the gauge and Form 1520, 150 degrees of proof add 1 gallon of the fol­ (53 Stat. 335, as amended; sec. 2883,1. R. C.) lowing solution: 5 gallons of an aqueous the storekeeper-gauger will permit the solution containing 40 percent nicotine; 3.0 § 187.136 Application, Form 573. rum to be transferred to the denaturing ounces of methylene blue; water to make When the proprietor desires to transfer bonded warehouse. I f the rum is in 100 gallons. rum of not less than 150 degrees of proof packages the proprietor will, under the The denaturing solution must conform to to the denaturing bonded warehouse for supervision of the storekeeper-gauger the following analytical requirements: Determination of nicotine. It must con­ denaturation, he will file application and before removal of the rum to the denaturing bonded warehouse, stencil tain not less than 1.88 percent of nicotine therefor with the storekeeper-gauger in when tested by the following process : 20 c. c. charge on Form 573, in triplicate. Where upon the head' of each package, in let­ of the solution are measured into a 500 c. c, the rum is to be transferred by pipeline, ters and figures large enough to be easily Kjeldahl flask provided with a suitable bulb the applicant shall specify on Form 573 read, the words, “For Denaturation,” tube, 10 c. c. of N/10 alkali added, the liquid the maximum number of tax gallons to followed by the date of removal to the made up to 50 c. c., and distilled in a current be so transferred. denaturing bonded warehouse. of steam until the distillate is no longer alka­ line (about 500 c. c .). The distillate is then § 187.137 Sufficiency of bond. Where § 187.141 Supervision of transfers. titrated with N/10 H2S04, using rosolic acid the bond covering operation of a de­ The transfer of rum from the distillery or methyl red as an indicator. Not less than naturing bonded warehouse is given in or internal revenue bonded warehouse to 25.2 c. c. sjiould be required for the neutrali­ less than the maximum penal sum of the denaturing bonded warehouse will be zation. To determine the intensity of color. Of the $100,00(1, the district supervisor will in­ made under the supervision of the store­ keeper-gauger. Where rum is so trans­ denaturing solutions, 1 c. c. is diluted with form the storekeeper-gauger in charge 100 c. c. of water and 50 c. c. of this solution of the penal sum of the bond, and the ferred by pipeline, the storekeeper- are compared in a 50 c. c. Nessler tube with storekeeper-gauger will see that the gauger supervising the deposit of the 50 c. c. of a solution containing 5 grams of quantity of rum transferred to the de­ rum in a storage, weighing, or mixing CuS04, 5H20, C. P., in 100 c. c. of water. naturing bonded warehouse is within the tank in the denaturing bonded ware­ Caution. It has been found that the above limits of the bond. house will see that the outlet and all modified denaturing material when kept in other openings of such tank, except the closely stoppered containers loses its color, § 187.138 Report of gauge, Form 1520; inlet, are closed and locked and that the but when agitated in the presence of air the packages. If the rum described in the valves in the pipeline are so adjusted by color returns. Therefore, officers should see application, Form 573, is in packages, that this material is thoroughly agitated in the proprietor as to control the flow of the presence of air, before being added to the Form 1520 will be prepared by the pro­ spirits into the tank before the outlet of rum to be denatured. prietor, pursuant to Regulations 10 (26 the distillery receiving cistern or weigh­ If the officer is in doubt, a standard color CFR, Part 185). The storekeeper- gauger ing tank, or the warehouse storage or sample will be sent on request. will verify by reference to his records, gauging tank from which the rum is to the entries in the headings thereof and be transferred is unlocked. When the S u bpar t O — D e n a t u r in g M ater ials the details of the entry gauge transcribed rum has been deposited in the tank in § 187.160 Storage of dénaturants. thereto. A careful gauge will be made of the denaturing bonded warehouse the Authorized dénaturants may be brought all packages, except that rum in original inlet of such tank and the outlets of the on the denaturing bonded warehouse No. 106------3 3460 PROPOSED RULE MAKING

premises in any desired quantity if of authorized chemists. All expenses in may be denatured except in the imme­ ample storage facilities have been pro­ connection with the forwarding and test­ diate presence of the storekeeper-gauger vided, but the same must be immediately ing of samples must be borne by the assigned to supervise the operation of placed in the denaturing material store­ proprietor. A report of each sample sub­ the denaturing bonded warehouse. room or the denaturing material tanks. mitted by the storekeper-gauger for § 187.181 Notice, Form 576. When­ Dénaturants which are used in small analysis shall be prepared by him on ever the proprietor of a denaturing quantities may be stored in the original Form 1472, in triplicate, and forwarded bonded. warehouse desires to manufac­ packages, in the denaturing material to the authorized chemist. ture denatured rum, he shall give notice storeroom. All other dénaturants must § 187.165 Report of analysis by the to the storekeeper-gauger in charge on be deposited in the appropriate tanks or chemist. Upon completion of the anal­ Form 576, in triplicate, furnishing all other approved receptacles. Each tank ysis of the dénaturants, the authorized the information indicated by the head­ or other receptacle in which dénaturants chemist shall make a report of his anal­ ings of the various columns and lines on are stored, either within or without the ysis on the Form 1472, in triplicate, re­ the form, and the instructions printed denaturing material storeroom, must ceived from the storekeeper-gauger, note thereon or issued in respect thereto and have plainly marked thereon the kind his approval or disapproval of the sam­ as required by this part. of dénaturant contained therein. ples thereon, and sign the same. One § 187.182 Dénaturation. Upon receipt § 187.161 Taking samples of déna­ copy of the Form 1472 shall be returned to the storekeeper-gauger in charge of of Form 576, properly executed, the turants. Except as provided in § 187.169, storekeeper-gauger will see that the ex­ the storekeeper-gauger in charge will the denaturing bonded warehouse, one copy shall be forwarded to the district act quantity of rum and the proper take a 1-pint sample from each package quantity of approved dénaturants are or tank or other approved receptacle of supervisor of the district in which the warehouse is located, and the remaining conveyed directly to the mixing tank and mingled dénaturants received or pre­ that the same are thoroughly agitated pared, and will forward the same to the copy shall be transmitted to the Com­ missioner. and mixed therein before being drawn chemist authorized by the Commissioner off for shipment or storage. to analyze such dénaturants. Where a § 187.166 Retention of samples. The lot comprising a number of packages of authorized chemist must retain all sam­ § 187.183 Measuring rum and dénatu­ the mingled dénaturants is received or ples of-rum dénaturants for a period of rants. All dénaturants before being prepared, samples of equal quantities 30 days so that they will be available for used must be carefully measured or should be taken from each package and reference. weighed by the proprietor under the su­ mingled, and the 1-pint sample to be pervision of the storekeeper-gauger in forwarded to the authorized chemist § 187.167 Approval of dénaturants; previously tested receptacles or by scales taken from such mixture. The sample If the sample is approved the contents provided by the proprietor; and all rum to be submitted to the authorized chem­ of the tank or package from which the to be used, unless dumped from packages ist shall be taken from the denaturing same was taken shall, upon receipt of gauged -within the preceding 30 days or solution of 100 gallons specified in the the chemist’s report, become an ap­ received by pipeline and run directly prescribed formula. proved dénaturant and the storekeeper- into mixing tanks, must be carefully gauger shall at once remove the seals proofed and measured or weighed by the § 187.162 . Container to be sealed. from such tank or package and permit proprietor under the supervision of the After taking the sample the storekeeper- the dénaturant to be used. storekeeper-gauger. The proprietor will gauger will securely close and seal the § 187.168 Treatment of disapproved provide accurate hydrometers and ther­ tank or package from which it was mometers for his own use in determining obtained, and no part of the contents of dénaturant. Where a sample of dénatur­ ant does not conform to the prescribed the proof of the rum, and will not use such tank or package may be used until the Government owned instruments. the sample has been officially tested and specifications, the storekeeper-gauger approved, and report on Form 1472 of shall, upon receipt of the chemists’s re­ § 187.184 Responsibility of proprietor. such test is received by the storekeeper- port of disapproval, permit the proprie­ The proprietor will be held strictly ac­ gauger in charge of a plant. tor, if he so desires, to treat or countable for any errors in the quanti­ manipulate the proposed dénaturant so ties of dénaturants added. It is § 187.163 Packaging samples of dé­ as to render it suitable for use. Where important that his determinations shall naturants. Samples of dénaturants to the dénaturant is so treated or manipu­ be absolutely correct. He must know be submitted by the storekeeper-gauger lated, another sample must be submitted that the measuring or weighing devices to the authorized chemist for analysis for approval. I f thfe proprietor does not used by him are accurate. must be placed in heavy glass bottles or desire to further treat the dénaturant, other suitable containers to be provided the storekeeper-gauger shall require him § 187.185 Responsibility of store­ by the proprietor of the denaturing immediately to remove the dénaturant keeper-gauger. The storekeeper-gauger bonded warehouse, and such bottles or from the premises. in charge must frequently apply, or cause containers must be securely closed and to be applied, such tests to the measuring a label (Form 1469) affixed thereto show­ § 187.169 Supplying dénaturant to or weighing devices as will satisfy him ing the name of the substance, serial other proprietors. Proprietors of dis­ that they are accurate. The accuracy number of the denaturing material tank tillery denaturing bonded warehouses of scales used for weighing packages will or a description of the container from will be permitted to supply approved be determined by means of the test which the sample was taken, date it was dénaturant, i. e., denaturing solution weights provided in accordance with taken, and the name of the officer for­ which has been tested and approved by § 187.62. Weighing tank scales shall be warding it to the chemist. All samples the authorized chemist, to proprietors tested and their accuracy determined in of dénaturants submitted for analysis of other distillery denaturing bonded accordance with the procedure prescribed must be sealed with wax by use of the warehouses: Provided, That such déna­ in Regulations 4 (26 CFR, Part 183). If seal furnished for such purpose or by a turant is furnished in containers prop­ the storekeeper-gauger finds the meas­ paper seal signed by the storekeeper- erly marked and sealed, with a certifi­ ures or scales to be inaccurate he shall gauger. The authorized chemist shall cate attached by the storekeeper-gauger refuse to permit their use until the pro­ not examine samples of dénaturants in charge at the denaturing bonded prietor has provided accurate measures brought to him unless they bear the seal warehouse making shipment or delivery or scales. of the Government officer. of the dénaturant. Such dénaturant need not be further analyzed at the S ub pa r t Q — T ransfer of D enatur ed R u m §. 187.164 Shipment of samples to au­ receiving denaturing bonded warehouse. to S torage or S h ip p in g C o n t a in e r s thorized chemist. The samples of dé­ S ubpart P — D énaturation o p R u m § 187.195 Kinds of containers. Unless naturants, after being securely packed temporarily retained under Government and sealed, shall be sent to the most § 187.180 General. Only rum of not lock in the mixing tank, denatured rum convenient authorized chemist for ex­ less than 150 degrees of proof may be must, when the manufacture thereof is amination and repoYt. District supervi­ denatured and the dénaturation thereof completed, be transferred to properly sors will furnish proprietors of denatur­ must be done at a distillery denaturing equipped denatured rum tanks and ing bonded warehouses and storekeeper-. bonded warehouse and in strict conform­ stored therein under Government lock, gMagem vufch the names and addresses ity with the prescribed formula. No rum or drawn into packages or other portable Friday, June 2, 1950 FEDERAL REGISTER 8461 containers for immediate shipment or package by the proprietor, under the sealed, and labeled to show the name and storage in the specially denatured rum supervision of the storekeeper-gauger. address of the proprietor, the formula number and, where furnished pursuant to storeroom, or transferred to tank cars § 187.202 Additional marks. There for immediate shipment. Form 1512, the serial number of such may be shown upon the Government form. § 187.196 Application to gauge, Form heads of packages of denatured rum, in 577. When the proprietor desires to letters no more conspicuous or larger § 187.214 Record of samples. All sam­ draw denatured rum into packages or than those used in placing the required ples of specially denatured rum fur­ other portable containers, or into tank marks thereon, the brand name and a nished by the proprietor pursuant to cars for shipment he shall file applica­ statement indicating the character of the permits on Form 1512 shall be entered tion on Form 577, in triplicate, with the product, but such additional marks shall by the storekeeper-gauger on Form 575 storekeeper-gauger in charge for the not be so placed upon the Government in the same manner as other shipments gauging of such denatured rum. The head of the package as to unduly detract of such denatured rum. The store­ denatured rum then will be drawn into from the required marks thereon. keeper-gauger will enter the serial num­ ber of the permit, Form 1512, in the packages or other portable containers, or MARKING TANK CARS run into a weighing tank, as the case appropriate column on Form 575, and, may be, and gauged by the proprietor un­ § 187.203 Manner of marking. Each where Form 1512 bears the serial num­ der supervision of the storekeeper- tank car used for shipping .specially de­ ber of the applicant’s basic permit in gauger. Upon completion of the gauge, natured rum must have legibly marked addition to its own serial number, the the storekeeper-gauger will execute his or painted thereon its number, capacity storekeeper-gauger will enter the serial report on Form 577, retain one copy of in wine gallons, and the name or symbol numbers of both permits on Form 575. the form, deliver one copy to the pro­ of the owner. Tank cars into which Where samples of 8 fluid ounces or less prietor, and forward one copy to the dis­ specially denatured rum is transferred are furnished, entry thereof will be made trict supervisor. for shipment must also be constructed on the proprietor’s commercial records, and labeled in accordance with Subpart as provided in § 187.211. S ubpart R—M a r k in g C o n t a in e r s of V of this part. S u bpar t T — D is p o s it io n o f S p e c ia l l y S p e c ia l l y D enatur ed R u m S ubpar t S— F u r n is h in g S a m ple s of D e natur ed R u m MARKING PACKAGES D enatur ed R u m § 187.225 To permittees. Except as § 187.200 Serial number. All pack­ § 187.210 To whom samples may be otherwise provided in this part, the pro­ ages containing specially denatured rum furnished. The proprietor of a distillery prietor of a distillery denaturing bonded filled at a distillery denaturing bonded denaturing bonded warehouse may fur­ warehouse may sell or dispose of spe­ warehouse shall be numbered serially be­ nish samples of specially denatured rum cially denatured rum only to the person ginning with number 1 for the first pack­ to prospective applicants for permits to to whom a permit has been issued, in age filled: Provided, That the series in use specially denatured rum, who need accordance with the provisions of Regu­ current use at existing denaturing bonded not necessarily be then engaged in busi­ lations 3 (26 CFR, Part 182) authorizing warehouses will be continued. Where ness; to applicants for permits to use the procurement thereof. Specially de­ there is a change in the individual or specially denatured rum; and to holders natured rum may-not be shipped on per­ corporate name, or in the trade name or of such permits, for experimental pur­ mits authorizing the procurement of style, or in the proprietorship of the busi­ poses and for use in preparing samples specially denatured alcohol. ness, the series in use at the time of such of products for submission to the Com­ change will be continued. § 187.226 Permit authority for ship­ missioner for analysis. Preparations ment. The proprietor of a denaturing (53 Stat. 307; sec. 2808,1. R. C.) made with samples of specially denatured bonded warehouse may ship or deliver § 187.201 Other required marks. In rum may not be sold, unless Form 1479-A, specially denatured rumj addition to the serial number, there shall giving the quantitative formula, and a (a) To the holder of a basic permit, be placed upon the Government head of sample of the preparation are submitted authorizing the use of such rum for each package of specially denatured rum to and approved by the Commissioner, manufacturing purposes, pursuant to a the name of the proprietor, registered and permit on Form 1481.to use specially withdrawal permit on Form 1477 issued number and location (city or town and denatured rum in the manufacture of by the district supervisor, as provided in State) of the denaturing bonded ware­ such preparation is procured from the Regulations 3 (26 CFR, Part 182); house, the, words, “ Specially Denatured district supervisor. (b) To the holder of a basic permit as Rum,” formula number, apparent proof, §187.211 Application Form 1512. Ap­ a bonded dealer in such rum, pursuant contents in wine gallons, and the date plication for the withdrawal of samples to a withdrawal permit on Form 1477 filled. Such marks and brands shall be of specially denatured rum shall be made issued by the district supervisor, as pro­ plainly and durably stenciled upon the to the district supervisor on Form 1512, vided in Regulations 3 (26 CFR, Part package in a color contrasting with that and proprietors of denaturing bonded 182); of the surface upon which placed, except warehouses may furnish samples of spe­ (c) To the United States or any agency that the registered number of the de­ cially denatured rum only pursuant to thereof, pursuant to permit on Form naturing bonded warehouse and the Form 1512, duly approved by the district 1486 issued by the Commissioner, as pro­ serial number of the package shall be supervisor, except that where the quan­ vided in Regulations 3 (26 CFR, Part deeply and distinctly cut into the head tity involved in any case does not exceed 182); or of each wooden package in figures large 8 fluid ounces application to or approval (d) To the collector of customs, in the enough to be easily read: Provided, That by the district supervisor will not be re­ case of exportation, pursuant to permit the requirement that the registered num­ quired, but the commercial records of the on Form 1545, issued by the district ber of the denaturing bonded warehouse vendor must show each such transaction. supervisor, as provided in Subpart U of and the serial number of the package be § 187.212 Quantity limitations. Dis­ this part. cut into wooden packages shall not apply trict supervisors will not approve the § 187.227 Withdrawal permit, Form where metal packages of a capacity of withdrawal of samples of specially de­ 1477. When permit on Form 1477, au­ 10 wine gallons or less are encased in natured rum in quantities in excess of wood. The words “Specially Denatured thorizing the procurement of specially 5 gallons, except that in extraordinary Rum” shall be placed upon the package denatured rum, is issued by the district cases where the necessity for the with­ in conspicuous letters of not less than 1 supervisor, he will forward the same by drawal of larger quantities has been inch in height, each letter being of the mail to the proprietor of the denaturing clearly demonstrated, district supervisors same size and color: Provided, That in bonded warehouse named therein. The may authorize withdrawals in excess of the case of packages containing less than proprietor will acknowledge receipt of 5 gallons, but not in excess of the quan­ 5 wine gallons the words “ Specially De­ Form 1477 by registered mail, with re­ tity shown to be necessary. natured Rum” may be in letters of less turn receipt requested. The proprietor than 1 inch in height, taut must be as § 187.213 Labeling and sealing sam­ should retain copies of correspondence prominently displayed as is consistent ples. All samples of specially denatured and the registry return receipt (Post with the size of the package. The re­ rum furnished by ,the proprietor of a Office Form 3811) in connection with quired marks shall be placed upon the denaturing bonded-warehouse shall be each Form 1477 forwarded to him. No 3462 PROPOSED RULE MAKING proprietor of a denaturing bonded ware­ The obligors hereby agree to extend the tificate of exportation on the copy of house will be permitted to ship specially terms of said bond to cover all liability that Form 1545 sent to him, and return the may be incurred for and on account of all same with one copy of the bill of lading denatured rum until the permit, Form specially denatured rum hereafter with­ 1477, has been acknowledged and the drawn by the principal for exportation, for to the district supervisor. registry return receipt received by him. which satisfactory evidence of exportation § 187.245 Evidence of foreign landing. Proprietors must not furnish specially and landing at a foreign port, or of loss on The proprietor shall, within 30 days after denatured rum in excess of the quantity land or at sea, without fault or negligence the date of shipment of such specially set forth on Form 1477. on the part of the principal or his agents, is not furnished as provided by law or regu­ denatured rum where exportation is § 187.228 Cancellation of withdrawal lations. now or hereafter in force. made to Canada or Mexico, and within permit. The person upon whose appli­ 90 days after the date of shipment where The consent of surety may, if desired, cation, a permit on Form 1477 has been exportation is made to any other .foreign be limited to cover the exportation of a issued, may at any time file request for country or possession, secure and for­ specific lot of specially denatured rum, the cancellation of such permit and the ward to the district supervisor a certifi­ instead of being furnished in a continu­ issuance of a new permit naming a new cate showing that the shipment was duly ing form, as provided in this section. vendor. The district supervisor shall, landed at the foreign port. The landing upon receipt of such request, notify the § 187.242 Permit to export. If the certificate shall be executed by a customs proprietor of the denaturing bonded application is properly prepared and the officer of the foreign country or posses­ warehouse holding the permit to be required consent of surety has been filed, sion to which the specially denatured superseded that the same has been can­ and the bond, if given in less than the rum is exported, unless it is shown that celed and that no more shipments or maximum penal sum, is sufficient to cover such country or possession has no cus­ deliveries may be made to the vendee the tax on the specially denatured rum toms administration, in which event the under such permit. The proprietor shall to be exported, plus the tax on the certificate shall be signed by the con­ immediately forward the canceled per­ quantity of rum, either denatured or signee or by the vessel’s agent at the mit to the district supervisor. undenatured, on hand or unaccounted place of landing and sworn to before a for, and if there is nothing to-indicate notary public or other officer authorized § 187.229 Release of specially dena­ to administer oaths, and having an offi­ tured rum for shipment. When the that such rum will be used for any un­ lawful purpose, and proper certificates of cial seal. Failure by the proprietor to proprietor desires to ship specially de­ produce within the specified time satis­ natured rum pursuant to withdrawal clearance and landing have been filed for previous shipments, as required by factory evidence of the landing of the permit on Form 1477, he shall present shipment of specially denatured rum at such permit, the acknowledgment, and this subpart, the district supervisor will approve the application, which there­ a foreign port, or of loss of the same on other correspondence to the storekeeper- land or at sea after shipment, as provided gauger for examination. I f the officer upon becomes a permit. The district supervisor will then forward all copies in § 187.246, shall be sufficient grounds finds that the papers are in order, and for refusal by the district supervisor to that the permit authorizes the proposed of Form 1545 to the storekeeper-gauger in charge of the warehouse. issue to the proprietor any further per­ shipment, he will permit shipment of the mits to export specially denatured rum, specially denatured rum. § 187.243 Consignment to collector of pending the filing of the required evi­ customs. Upon receipt of the approved S ubpar t U — E x p o r t a t io n o p S p e c ia l l y dence of clearance and foreign landing, application and permit, Form 1545, by , D enatur ed R u m or of loss on land or at sea, of shipments the storekeeper-gauger, and the mark­ previously made, or the assessment of § 187.240 Application, Form 1545. ing of the packages as provided in this tax or thé enforcement of liability Where the proprietor of a denaturing section and Subpart R of this part, the against the bond. bonded warehouse desires to export spe­ applicant may withdraw the specially cially denatured rum, he shall file appli­ denatured rum specified on the form § 187.246 Proof of loss after clearance. cation on Form 1545, in triplicate, with and consign the same to the collector of When the proprietor is unable to furnish the district supervisor for a permit to customs at the port of export for expor­ proof of landing at a foreign port in export the same. The application, prop­ tation under his supervision. The appli­ consequence of loss on land or at sea erly modified to cover the exportation of cant shall procure two copies of the bill after shipment, he shall file with the specially denatured rum by the proprie­ of lading covering the shipment and sub­ district supervisor issuing the permit, tor of a denaturing bonded warehouse, mit them to the storekeeper-gauger, who Form 1545, a statement setting forth must contain all of the information indi­ will immediately forward one copy of fully the cause and extent of the loss cated by the lines on the form and the Form 1545 with a copy of the bill of lad­ and all the pertinent facts and circum­ instructions printed thereon or issued in ing attached to the collector of customs stances surrounding the same. Such respect thereto and as required by this and one copy of such form and bill of statement must be accompanied by affi­ part. Form 1545 must be sworn to by an lading to the district supervisor, and will davits from two or more creditable and officer authorized to administer baths: deliver the remaining copy of Form 1545 disinterested persons as to the loss. If Provided, That if the form officially pre­ to the applicant. The storekeeper- the specially denatured rum was insured, scribed for such application contains gauger will, upon release of the specially the proprietor shall also file certificates therein a provision for verification by a denatured rum for shipment, make ap­ by officers o f the insurance company, or written declaration that such applica­ propriate entry on Form 575 of the with­ board of underwriters, that the insurance tion is made under the penalties of per­ drawal thereof. The proprietor shall has been paid and that, to the best of jury, such application shall be verified plainly and legibly stencil on the Gov­ their knowledge and belief, the specially by the execution of such declaration, and ernment head of each package of spe­ denatured rum was destroyed on land or such declaration so executed shall be in cially denatured rum, before the same at sea after shipment. When obtainable, lieu of the oath required herein for veri­ is released.for exportation, the words affidavits must be furnished by the fication. “For Export,” in addition to the marks master and mate of the vessel, conductor <63 Stat. 667; sec. 3809, I. R. C.) required by Subpart R of this part. in charge of the railroad car, or operator of the motor truck or other conveyance, (53 Stat. 359; sec. 3109, 7. R. C.) § 187.241 Consent of surety, Form as the case may be, detailing the cause 1533. Before an application for a per­ § 187.244 Export entry; certificate of and. extent of the loss and all pertinent mit to export specially denatured rum exportation, etc. When the specially facts and circumstances surrounding the may be approved, the proprietor must denatured rum arrives at the port of ex­ same. Such proofs shall be furnished file with the district supervisor consent port, the exporter or his agent shall file the district, supervisor within the time of surety, Form 1533, in triplicate, ex­ immediately with the collector of cus­ provided in § 187.245 for furnishing proof tending the terms of his denaturing toms an export entry and two copies of of foreign landing, or within such further warehouse bond, Form 572, to cover the the export bill of lading; and when the time as the district supervisor or Com­ exportation of such rum. The extension vessel, railroad car, motor truck, or other missioner may deem reasonable. of the terms of the bond, if intended to conveyance on which the specially de­ cover the exportation of specially dena­ natured rum is laden for exportation § 187.247 Losses in transit to port of tured rum from time to time shall be in has cleared the port of export, the col­ export. Allowance for losses of specially the following form: lector of customs shall execute the cer­ denatured rum in transit from the de- Friday, June 2, 1950 FEDERAL REGISTER 3463 naturing bonded warehouse to the port him, or by a railroad or steamship com-_ 1 187.267 Investigation by district of export will be made in accordance with pany, or express company operating on aT supervisor. Where report of receipt of provisions of Subpart W of this part. railroad or steamship line, or by a truck­ the specially denatured rum'shipped is ing company holding permit to transport not received in due course, or where any § 187.248 Shipment to American Ter­ specially denatured or tax-free alcohol. material or unexplained difference exists ritories and possessions. The provisions Where the specially denatured rum is between the quantity Shipped and the of this subpart and the forms prescribed delivered in vehicles operated or con­ quantity received, or where there is rea­ by it, shall be applicable to the shipment trolled by the proprietor, delivery must sonable ground to suspect that the spe­ of specially denatured rum to Puerto be made within 24 hours and the proprie­ cially denatured rum has been or will be Rico, Guam, American Samoa, the Virgin tor shall be responsible on his bond for used for purpqses other than those Islands, and the Panama Canal Zone. the delivery of the specially denatured authorized by law and regulations, the The shipment of specially denatured rum rum to the premises of the consignee. district supervisor shall cause an investi­ to or from Hawaii and Alaska shall be Where shipments are made by railroad, gation to be made. in accordance with the provisions of this steamship or express company, or by a part governing shipments entirely within § 187.268 Memorandum of receipt, trucking company holding permit to Form 1453-A. Proprietors of denaturing the continental limits of the United transport specially denatured or tax-free States. bonded warehouses will, when shipping alcohol, as provided in this subpart, the specially denatured rum to the United S u bpar ^ V — S h ip m e n t and D e l iv e r y of proprietor shall be responsible on his States or any governmental agency S p e c ia l l y D en atur ed R u m bond for delivery of the specially dena­ thereof, prepare one copy of Form tured rum to such carrier. § 187.260 Tank trucks. Deliveries of 1453-A, properly modified, and forward specially denatured rum by tank wagons § 187.265 Report of shipment, Form it to the Government officer to whom the or tank trucks are not permitted. 597. Whenever specially denatured rum specially denatured rum is consigned. is shipped from the premises of a dis­ Upon receipt of the shipment, the Gov­ § 187.261 Packages. Deliveries of tillery denaturing bonded warehouse, the ernment officer will execute the certifi­ specially denatured rum may be made proprietor shall, at the time shipment is cate of receipt on the form and forward in packages of any desired size to persons made, prepare a report thereof on Form it to the district supervisor whose ad­ authorized to receive the same. The 597 and immediately deliver the same to dress appears at the bottom of the form. packages must be marked in accordance the storekeeper-gauger in charge. The S u bpar t W—L osses with the provisions of Subpart R of this report will be furnished in duplicate, part. except that one copy only need be fur­ LOSSES IN DENATURATION § 187.262 Tank cars. Deliveries of nished where the consignor and consignee § 187.280 Determined monthly. specially denatured rum may also be are located in the same district. The Losses occurring by evaporation or other made in railroad tank cars to persons proprietor will date the form and furnish unavoidable causes in the process of dé­ authorized to receive the same: Pro­ all the information indicated by the naturation at a distillery denaturing vided, That deliveries may be made in headings of the various columns and lines bonded warehouse must be determined tank cars only where the premises of the in Part I. Where shipments are made in and reported monthly. The extent of consignor and consignee are equipped railroad tank cars, or consist of barrels the losses for each month shall be estab­ with suitable railroad siding facilities. or drums in carload lots, the name of the lished by comparison of the quantity in Railroad tank cars must be marked as railroad, the number of the car, and the proof gallons of rum used for dénatura­ provided in Subpart R of this part, and routing of the shipment shall be reported tion with the quantity in proof gallons must be so constructed that all openings on Form 597. The consignor shall not of denatured rum produced. which would afford access to the con­ change the routing without giving imme­ tents may be closed and securely fas­ diate notice of such action to the super­ § 187.281 Losses allowable without tened and sealed. The tank car will be visor of his district. claim. Where the loss occurring in the so closed and sealed by the proprietor process of dénaturation during any cal­ under the supervision of the store­ § 187.266 Disposition of Form 597. endar month does not exceed 1 percent keeper-gauger immediately after it has The storekeeper-gauger will, upon re­ of the quantity of rum used for dena-r been filled. The tank car will be sealed ceipt of Form 597, check the same with turation during the month, claim for al­ with railroad or other appropriate seals the withdrawal permit and, if found to lowance of such loss will not be required, furnished by the proprietor. agree, will entgr the shipment on Form provided there are no circumstances in­ 575 and date and initial Part II of each § 187.263 Tank car label. The pro­ dicating that the rum, or any part copy of Form 597. Where the consignee thereof, was used for purposes other prietor of the denaturing bonded ware­ is located in another district the store­ house shall affix to each tank car of than dénaturation, or was unlawfully keeper-gauger, will, on the same day he removed from the denaturing bonded specially denatured ruin a label showing receives Form 597, forward one copy the name of the »proprietor, registered warehouse. The allowance of 1 percent thereof to the supervisor of such district on account of losses in the process of dé­ number and location (city or town and and one copy to the supervisor of the naturation will not be cumulative. State) of the denaturing bonded ware­ district from which the shipment is house, the name and location of the con­ Losses for each month must be deter­ made. The supervisor of the district in mined separately. signee, the quantity in wine gallons, the which the consignee is located will check formula number, and the date with­ the copy of Form 597 sent to him with § 187.282 Losses requiring claim. drawn for shipment. The label will be the monthly report of the consignee, Where the loss occurring in the process in substantially the following form: execute Part II I of the form, and for­ of dénaturation is in excess of 1 percent, Shipped By ward the same to the supervisor of the calculated in accordance with the pro­ Jo h n D oe R tjm Co m p a n y district in which the consignor is located. visions of § 187.281, claim under oath for Denaturing Bonded Warehouse No. 1 The supervisor of the latter district will New York, N. Y. allowance of the total losses during the check the copy of Form 597 received from month will be filed by the proprietor To the supervisor of the other district with R ichard R o w T obacco Co m p a n y with the district supervisor, in accord­ the storekeeper-gauger’s report on Form Baltimore, Md. ance with the provisions of § 187.291. 8,500 Gals. Specially Denatured Rum 575, and will date and initial Part II of Formula No. 4 Form 597. Where the consignor and § 187.283 Illegal diversion or removal. Withdrawn May 17, 1949 consignee are located in the same dis­ The distilled spirits tax must be paid on trict the storekeeper-gauger will, on the The label shall be securely affixed to the all rum diverted to illegal uses on the route board of the car and shall be same day he receives Form 597, forward premises of the denaturing bonded the same to the supervisor of the dis­ obliterated when the car is emptied. trict. The district supervisor will check warehouse or in the course of transfer § 187.264 Deliveries by proprietor. the shipment with the consignee’s thereto, and on all rum removed from The proprietor of a denaturing bonded monthly report and the storekeeper- the denaturing bonded warehouse con­ warehouse shall make deliveries of spe­ gauger’s report on Form 575, and will trary to law, whether or not the total cially denatured rum from his premises date and intial Part n and execute Part losses, including the rum diverted or only in vehicles operated or controlled by i n of Form 597. unlawfully removed, exceed 1 percent of 3464 PROPOSED RULE MAKING the aggregate quantity used for dénatu­ LOSSES OF SPECIALLY DENATURED RUM IN negligence,- connivance, collusion, or ration. TRANSIT FOR EXPORT OR IN THE COURSE fraud on the part of the proprietor or (53 Stat. 359; sec. 3111, I. R. C.) OF DELIVERY IN TRUCKS OWNED OR CON­ any of his agents; and (4) whether the TROLLED BY PROPRIETOR proprietor is indemnified or recompensed LOSSES OP RUM BY THEFT, UNAUTHORIZED in any manner for the loss. I f the pro­ § 187.289 Losses allowable without VOLUNTARY DESTRUCTION, OR CASUALTY prietor is indemnified or recompensed claim. Where the loss of specially de­ for the loss, the amount and nature of § 187.284 Procedure applicable. The natured rum from any package or tank procedure prescribed by Regulations 10 such indemnity or recompense must be car in transit from the denaturing bond­ shown; (26 CFR, Part 185), relating to losses of ed warehouse for export, or in the course rum by theft, unauthorized voluntary (f) In the case of losses of specially of delivery in trucks owned or controlled denatured rum at a denaturing bonded destruction, or casualty, shall apply to by the proprietor, does not exceed 1 per­ such losses in a distillery denaturing warehouse, (1) the quantity shown by cent of the quantity contained therein at actual inventory to be on hand at the end bonded warehouse. the time of shipment, claim for allow­ of the month; (2) the quantity carried LOSSES OF SPECIALLY DENATURED RUM AT ance of such loss while in transit will not in the warehouse records as remaining DENATURING BONDED WAREHOUSE be required, provided there are no cir­ on hand at the end of the month; (3) cumstances indicating that the specially § 187.285 Determined monthly. The whether the loss occurred as the result denatured rum, or any part thereof, was of any negligence, connivance, collusion, quantity of specially denatured rum lost diverted to illegal use. at a denaturing bonded warehouse must or fraud on the part of the proprietor or be determined and reported monthly. § 187.290 Losses requiring claim. any of his agents; and (4) whether the The extent of the losses for each month Where the loss of specially denatured proprietor is indemnified or recompensed shall be established by comparison of rum from any package or tank car in in any manner for the loss. I f the pro­ the quantity shown by actual inventory transit from the denaturing bonded prietor is indemnified or recompensed with the quantity carried in the store- warehouse for export or in the course of for the loss, the amount and nature of keeper-gauger’s report, Form 575, as delivery in trucks owned or controlled such indemnity or recompense must be shown. remaining in storage at the end of the by the proprietor exceeds 1 percent of month. For the purpose of such com­ the quantity contained therein at the (g) In the case of losses of specially parison the gauge at the time of the time of shipment, claim under oath for denatured rum in transit for export or in the course of delivery in trucks owned filling of packages of specially denatured allowance of the total quantity lost shall rum may be taken. The actual quantity be filed with the district supervisor by the or controlled by the proprietor, (1) in tanks must be ascertained. proprietor of the denaturing bonded whether the loss occurred as a result of warehouse. 'Hie claim will be prepared any negligence, collusion, or fraud on the § 187.286 Losses allowable without and filed in accordance with the provi­ part of the proprietor or any of his claim. Where the loss of specially de­ sions of § 187.291. Claims covering losses agents, and (2) whether he is indemni­ natured rum does not exceed 1 percent in transit of specially denatured rum fied or recompensed in any manner for of the aggregate quantity of specially shipped to manufacturers and dealers by the loss. If the proprietor is-indemnified denatured rum shipped from the de­ railroad or steamship companies, or by or recompensed for the loss, the amount naturing bonded warehouse during any express companies operating on railroad and nature of such indemnity or recom­ calendar month, claim for allowance of or steamship lines, or by trucking com­ pense must be shown. such loss will not be required, provided panies holding permit to transport spe­ § 187.292 Supporting statements. there are no circumstances indicating cially denatured or tax-free alcohol, will Claims for losses must be supported by that the specially denatured rum, or any be filed by such manufacturers and deal­ affidavits of persons having personal part thereof, was diverted to illegal use. ers in accordance with Regulations 3 (26 knowledge of the loss. The allowance of 1 percent on account CFR, Part 182). of losses of specially denatured rum at a § 187.293 Filing of claims. The claims denaturing bonded warehouse will not be c l a im for a ll o w a n c e of losses must be filed with the supervisor of the cumulative. Losses for each month must § 187.291 Form of claims. No special district in which the denaturing bonded be determined separately by inventory of forms have been provided for use by warehouse is located. Claims for allow­ specially denatured rum on hand at the claimants in presenting claims for al­ ance of losses of specially denatured rum end of the month. lowance of losses in the process of déna­ while in transit should be filed promptly. § 187.287 Losses requiring claim. turation, or losses of specially denatured § 187.294 Report of losses. Losses of Where the loss of specially denatured rum at a denaturing bonded warehouse rum in process of denaturation or spe­ rum exceeds 1 percent of the quantity or in transit for export or in the course cially denatured rum by theft, accidental shipped from the denaturing bonded of delivery In trucks owned or controlled fire, or other casualty must be reported warehouse during the month, claim by the proprietor. Such claims may be to the district supervisor by the proprie­ under oath for allowance of the total made on letter or legal size paper, but tor of the denaturing •bonded warehouse losses during the month will be filed by must be in affidavit form, in duplicate, immediately after the losses are dis­ the proprietor with the district super­ and the claimant must furnish the fol­ covered. Where such losses are ascer­ visor in accordance with the provisions lowing information: tained while an officer is on duty, the of § 187.291. (a) The name of the proprietor and officer will immediately make a full re­ the registered number and location of port of the loss to the district supervisor. § 187.288 Illegal diversion or removal. the denaturing bonded warehouse; The officer’s report should set out the The distilled spirits tax must be paid on (b) The serial numbers of the pack­ nature, cause, and extent of the loss in all specially denatured rum diverted to ages or other containers from which the sufficient detail to bring out all the mate­ illegal uses, and on all such rum removed specially denatured rum was lost; rial facts and circumstances surrounding from the denaturing bonded warehouse (c) The quantity of specially dena­ the loss. The condition of each package contrary to law, whether or not the total tured rum lost from each package or or other container from which loss has losseé of specially denatured rum at the other container, and the total quantity been sustained and the quantity lost denaturing bonded warehouse, including of specially denatured rum covered by therefrom should be reported by the specially denatured rum diverted or un­ the claim; officer. lawfully removed, exceed 1 percent of (d) The date of the loss, or, if such § 187.295 Investigation. Where large the aggregate quantity shipped from date is not known, the date on which the losses from theft, casualty, or other cause the denaturing bonded warehouse. No loss was discovered, and the cause and person shall sell denatured rum for use, nature thereof, together with all of the aré reported, the district supervisor will immediately make such investigation and or for sale for use, for beverage pur­ facts surrounding the loss; poses; nor shall any person sell any de­ (e) In the case of losses in the process require such evidence to be submitted as natured rum under circumstances from of dénaturation, (1) the quantity In he may deem necessary, and will advise which it might reasonably appear that proof gallons of rum used for dénatura­ the Commissioner of his findings and recommendation relative to the allow­ it is the intention of the purchaser to tion during the month; (2) the quantity procure the same for sale or use for in proof gallons of denatured rum pro­ ance or disallowance of the loss. beverage purposes. duced during the month; (3) whether § 187.296 Examination of claim. (53 Stat. 359; sec. 3111, I. R. C.) the loss occurred as the result of any When á claim for allowance of loss is Friday, June 2, 1950 FEDERAL REGISTER 3465 received by the district supervisor, he such report is made under penalties of previously approved, he must comply will carefully examine same to see that perjury, such report shall be verified by with § 187.95 and secure approval of such all required information has been fur­ the execution of such declaration, and change in the manner prescribed in nished and will cause such investigation such declaration so executed shall be in §§ 187.100 and 187.110, prior to the com­ to be made or require such additional lieu of the oath required herein for veri­ mencement of operations. Thereafter, evidence to be submitted as he may deem fication. The district supervisor will, whenever he desires to again operate necessary. Upon completion of the in­ after audit and not later than the last under such approved trade name or style vestigation, if any, the district super­ day of the month succeeding that for he must comply with § 187.95 and secure visor will forward one complete copy of which the report is rendered, forward approval of the change in the manner the claim and accompanying papers, to­ one copy of the report to the Commis­ prescribed in § 187.100, prior to com­ gether with any pertinent reports and sioner and will retain the remaining mencement bf operations thereunder. copy. documentary evidence, to the Commis­ § 187.341 Records. Separate records sioner with his recommendation in re­ (53 Stat. 373, 63 Stat. 667; secs. 3171, 3809, on Record 129 will not be required for spect to allowance or disallowance of the I>&. C.) operations under a new individual or cor­ claim. S ubpar t Y—S to rek eeper-G auger’s porate name, or under each trade name § 187.297 Records. The storekeeper- R ecord and R eport or style, but the proprietor must note on gauger will enter all losses occurring at each record the individual or corporate the denaturing bonded warehouse in his § 187.325 Form 575. The storekeeper- name or the trade names or styles under gauger in charge of the distillery dena­ monthly record and report, Form 575. which operations were conducted during Where the loss is such as to require the turing bonded warehouse shall keep a the month, and the dates of operation filing of a claim, the storekeeper-gauger monthly record on Form 575 of all rum under each. The storekeeper-gauger will received and used for dénaturation, all will attach to Form 575 a statement make similar notations on Form 575 showing the nature, cause, and extent of dénaturants used, and all specially de­ whenever changes in the individual or the loss, or, if such information was natured rum produced, and withdrawn corporate name or in trade names or for shipment. Daily entries shall be previously furnished in the report sub­ styles occur. made on Form 575 as indicated by the mitted in acordance with § 187.294, a (53 Stat. 373; sec. 3171, I. R. C.) reference to such report will be noted oh headings of the various columns and lines on the form, and the instructions Form 575. S ubpar t BB— C h a n g e o f P roprietorship printed thereon or issued in respect § 187.298 Failure to file claim. Where thereto, and as required by this part. A § 187.350 Completion of operations loss has been sustained in such a quan­ monthly summary of rum received and required. When a succession or actual tity as to require the filing of a claim, u^ed, dénaturants received and used, and change in the proprietorship of a dis­ and claim for allowance of the loss is not denatured rum produced and disposed tillery denaturing bonded warehouse made as provided in §§ 187.291 to 187.293, of, will be made on such form at the end takes place other than a change brought the district supervisor will report the tax of the month. Form 575 will be kept by about by operation of law, as by the ap­ to the Commissioner for assessment, in the storekeeper-gauger in bound form as pointment of an administrator, executor, accordance with prescribed assessment a permanent record, available for in­ assignee, receiver, trustee, or other fidu­ procedure. spection by Government officers. ciary, the business of denaturing rum must be completely finished by the per­ S ubpar t X — P ro prieto r’s R ecord and § 187.326 Monthly report. The store­ son or persons who have been carrying R eport of D é n a tur an ts keeper-gauger shall render a monthly on the business, and all specially dena­ § 187.315 Record 129. The proprietor report on Form 575, in duplicate, to the tured rum removed from the premises be­ of every distillery denaturing bonded district supervisor on or before the 5th fore the business shall be undertaken or warehouse shall keep a monthly record day of the succeeding month. The dis­ begun by the succeeding proprietor, un­ on Record 129 of all dénaturants re­ trict supervisor will, after audit and not less by agreement between the outgoing ceived and used at such bonded ware­ later than the last day of the month proprietor and the successor it shall be house or removed therefrom, of all succeeding that for which the report is arranged to transfer from the former to samples of dénaturants forwarded to the rendered, forward one copy of the report the latter at the time the transfer of pro­ authorized chemist for analysis, and of to the Commissioner and will retain the prietorship becomes effective, all rum the chemist’s report of all analyses. remaining copy. and specially denatured rum then on Daily entries shall be made on Record S ubpar t Z—R e t u r n of S p e c ia l l y hand: Provided, That in each case the 129 as indicated by the headings of the D enatur ed R u m application and other qualifying docu­ various columns and lines on the form ments of the successor, prescribed by § 187.335 Entry on Form 575. Where and the instructions printed thereon or Subpart H of this part, have been ap­ specially denatured rum is for any issued in respect thereto, and as required proved by the district supervisor, to take by this part, before the close of the busi­ reason returned to the denaturing effect on the day next succeeding that at ness day next succeeding the day on bonded warehouse by a bonded dealer or the close of which the transfer is made. manufacturer or by the carrier, as pro­ which the transactions occur. Where Where a change of proprietorship has the making of the entries is deferred to vided in Regulations 3 (26 CFR, Part been brought about by operation of law, the next business day, as authorized by 182), the storekeeper-gauger will make the administrator, executor, receiver, this section, appropriate memoranda a memorandum entry of the same in red trustee, or other fiduciary may not com­ shall be kept for the purpose of making ink on Part 1 of Form 575, but will not mence or continue operations until the the entries correctly. A monthly sum­ include the quantity thereof in the totals required qualifying documents have been mary of the dénaturants received and of the rum receipts recorded on such filed and approved. used or removed shall be made on such part. The total quantity of specially de­ natured rum returned during the month 1 187.351 Records a n d reports. record at the end of the month. Record Where there is a change in the pro­ 129 shall be bound by the proprietor as will, however, be entered on line 5 of the summary of Part 6, and when such de­ prietorship otherwise than by operation a permanent record and kept available of law, the outgoing proprietor shall for inspection by Government officers. natured rum; is again shipped entry thereof will be made in the same manner enter on his Record 12& all dénaturants (53 Stat. 373; sec. 3171, I. R. O.) as other shipments. transferred to his successor, who shall § 187.316 Monthly report. The pro­ in turn enter such items on his Record S u bpar t AA— O pe r a tio n U nd er a N e w 129 as received from his predecessor. prietor shall render a monthly report on I n d iv id u a l or C orporate N a m e , or Record 129, in duplicate, to the district The storekeeper-gauger will likewise U nder D if f e r e n t T rade N am es or enter on Form 575 for the outgoing supervisor on or before the 5th day of S t y l e s the succeeding month. Record 129 must proprietor all rum and specially dena­ be sworn to before an officer authorized § 187.340 Qualification require tured rum transferred to the successor, to administer oaths: Provided, That if Whenever the proprietor of a denaturing and will take up on the Form 575 for the the form officially prescribed for such bonded warehouse desires to change the successor all such rum and specially report contains therein à provision for individual or corporate name, or to oper­ denatured rum received from his pred­ verification by a written declaration that ate under a trade name or style not ecessor. Where an administrator, exec- 3466 PROPOSED RULE MAKING utor, assignee, receiver, trustee, or other deemed necessary by the district super­ mulate marketing agreements and mar­ fiduciary succeeds to the business and visor. keting orders (7 CFR, Part 900), a public qualifies to operate the same, he shall hearing was held at Bakersfield, Cali­ 3. The purposes of the proposed regu­ make proper notation on Record 129 of lations are as follows: fornia, on January 16-19,1950, pursuant to notice thereof which was published his suçcesslon, and the storekeeper- a. To conform to the act of February gauger will likewise make note of such in the F ederal R egister (14 F. R. 7851), 21, 1950 (Public Law 448, 81 Cong.), ef­ upon a proposed marketing agreement succession on Form 575. fective September 1,1950. and a proposed marketing order regu­ S ubpart CC—S afeguarding o f b. To delegate to district supervisors lating the handling of potatoes grown in G o v e r n m e n t P ro per ty the authority to approve the establish­ California (except Modoc and Siskiyou ment of distillery denaturing bonded § 187.360 Storage in Government Counties), The recommended decision warehouses. cabinet. The keys to Government locks, (15 F. R. 1732) of the Acting Assistant c. To incorporate regulations appli­ and the seals and other Government Administrator, Production and Market­ cable to the gauging of rum at distillery property at a denaturing bonded ware­ ing Administration, and the decision (15 denaturing bonded warehouses now con­ house, when not in use, will be kept in F. R. 2221) of the Secretary of Agricul­ tained in the Gauging Manual (26 CFR, ture, setting forth a proposed marketing the Government cabinet under Govern­ Part 186), but which are being deleted ment seal lock. The storekeeper-gauger from the current revision of such manual. agreement and order as the appropriate and detailed means for effectuating the must not leave the cabinet open except d. To discontinue Form 1489 as a dis­ in his immediate presence, nor give the trict supervisor’s monthly account of dis­ declared policy of the Agricultural Mar­ kçy thereof to anyone except another tillery denaturing bonded warehouses. keting Agreement Act of 1937, as amend­ Government officer authorized to receive e. To prescribe, in lieu of an oath, a ed, were published in the F ederal it. Where it is necessary to open the declaration subject to the penalties of R egister on March 29 and April 20, cabinet at various times during the day perjury, for certain forms: 1950, respectively. The Secretary also the lock will not be seal-closed until the issued an order (15 F. R. 2227) directing close of business. Form 129, “Report of Dénaturants.” that a referendum be conducted among Form 571, “Application by Proprietor of producers of California potatoes (except S ubpart DD—L o c k s and S eals Distillery Denaturing Bonded Warehouse.” Form 1545, “Application for Permit to Ex­ in Modoc and Siskiyou Counties) to de­ § 187.365 General. The provisions of port Specially Denatured Alcohol.” _ termine whether the requisite majority Regulations 4 (26 CFR, Part 183), rela­ of such producers favor the issuance of tive to locks and seals, are hereby ex­ f. To rearrange the text to conform to the proposed marketing order. tended, insofar as applicable, to denatur­ the Federal Register Regulations (13 It is hereby found and determined, on ing bonded warehouses. F. R. 5929). the basis of the results of the referendum § 187.366 Where locks are required. [F. R. Doc. 50-4732; Filed, June 1, 1950; conducted pursuant to the aforesaid ref­ District supervisors will bear in mind 8:50 a. m.] erendum order, that the issuance of that Government locks are required on proposed Marketing Order No. 908, regu­ the doors of the denaturing bonded lating the handling of Irish potatoes warehouse and the denaturing material DEPARTMENT OF AGRICULTURE grown in California (except in Modoc storeroom therein; on the door of the and Siskiyou Counties); is not approved Production and Marketing or favored by the requisite percentage of Government cabinet; on all manheads, Administration inlets, outlets, and other openings of producers or of the total volume of pro­ duction voting in the aforesaid referen­ rum storage tanks, weighing tanks, de­ [ 7 CFR, Part 908 ] dum. naturing material storage tanks, and [Docket No. AO-213] denatured rum tanks; on thé valves in It is hereby further determined that H a n d l in g o f I r ish P otatoes G r o w n i n the proposed marketing order set forth pipelines used for the conveyance of rum in the Secretary’s decision of April 14, and denatured rum; and on such other C a lif o r n ia (E xcept i n M odoc and S isa­ r i y o u C o u n t ie s ) 1950 (15 F. R.,2221), cannot be made ef­ parts of the premises or equipment as fective because of the failure of produc­ are required by this part or deemed FINDINGS AND DETERMINATIONS ON RESULTS ers to approve or favor its issuance by the necessary by the district supervisor. OF REFERENDUM ON PROPOSED MARKETING requisite percentage of producers or of ORDER § 187.367 Seal locks. Seal locks will the total volume of production vpting in be used on the entrance doors of the de­ Pursuant to Public Act No. 10, 73d the referendum conducted among such producers. naturing bonded warehouse and the Congress (May 12,1933) as amended and denaturing material storeroom; on de­ as reenacted and amended by the Agri­ Done at Washington, D. C., this 26th cultural Marketing Agreement Act of naturing material tanks, if not located day of May 1950. 1937, as amended (48 Stat. 31, as amend­ in the denaturing material storeroom ; on ed; 7 U. S. C. 601 et seq.; 61 Stat. 202, [ se al] C h arles F. B r a n n a n , the door of the Government cabinet; and 707; 62 Stat. 1247; 63 Stat. 1051), and Secretary of Agriculture. on such other places where the use of the applicable rules of practice and [P. R. Doc. 50-4722; Piled, June 1, 1950; seal locks is required by this part or procedure governing proceedings to for­ 8:49 a. m.]

NOTICES

POST OFFICE DEPARTMENT Pursuant to authority of Reorganiza­ and Planning, a Division of Research, tion Plan No. 3 of 1949, and the act of [Order 43173] and a Division of Rates. Each of the August 16,1949 (Pub. Law 231,81st Cong., said divisions shall be under the super­ E stablishment o f O f f ic e o f A d m in is t r a ­ 1st sess.), it is ordered that effective as vision of a director. tiv e A s sis t a n t to t h e P ostmaster G e n ­ of the date of this order: (c) The Administrative Assistant to e r a l ; E stablishment of a D iv is io n of (a) There is established in the Post the Postmaster General is charged with B udget an d P l a n n in g , a D iv is io n o f Office Department an Office of Adminis­ the responsibility and authority for all R esearch, and a D iv is io n o f R ates trative Assistant to the Postmaster Gen­ budgetary, fiscal, and the administrative W i t h i n t h e O ffic e o f A dministrative eral. The said office shall be attached and management planning activities of A ssista n t to t h e P ostmaster G eneral ; to the Office of the Postmaster General the Department; the research and de­ A s s ig n m e n t o f D u t ie s an d D e le g a t io n and shall be under the general supervi­ velopment program of the Department; o f A u t h o r it y sion of an Administrative Assistant to and the study and analysis of the postal- May 15, 1950. the Postmaster General. rate and transportation-rate structures. The following order was issued by the (b) There are established within the This shall include planning, advising, Postmaster General under date of May Office of Administrative Assistant to the and conducting studies for the purpose 15, 1950: Postmaster General a Division of Budget of formulating policies and forecasts of Friday, June 2, 1950 FEDERAL REGISTER 3467 volumes of business upon which to base methods improvement, and work simpli­ planning the simplification of postal laws the budget estimates of the Department; fication programs; maintaining current and regulations and instructions; devis­ preparing long-range financial and op­ knowledge of demands upon functional ing means of making instruction data erating plans for postal operations; de­ programs by other agencies of the Gov­ and material available to officials in veloping, directing, and coordinating ernment; devising procedures for finan­ charge of schools of instruction for the department-wide budgetary and cial reimbursement for services rendered postal personnel; preparing a manual of financial program ; analyzing, reviewing, to or by other governmental agencies; instructions for postal personnel; receiv­ coordinating, and consolidating final conducting < courses of instruction for ing suggestions and editing all proposed estimates of appropriations; analyzing, personnel of bureaus and offices of the changes in the manual of instructions reviewing, coordinating, and presenting Department concerned with budget for­ for postal personnel; preparing recom­ justifications of estimates of appropria­ mulation and execution; developing mendations to the Postmaster General tions necessary for the Department’s training methods; developing financial on all requests from other Governmental operations; serving as the Postmaster and operating reports, developing sys­ agencies for non-postal services, and General’s liaison officer with the Bureau tems and procedures, including cost con­ devising procedures for such work; eval­ of the Budget, other Federal agencies, trols; supervising the preparation of all uating suggestions and inventions sub­ and with the appropriation committees appropriation and postal-rate legislation mitted by officers and employees for of Congress on all budgetary, financial, for the Department; preparing com­ improvements in the postal service, and and appropriation matters of the De­ ments and recommendations as to the recommending action to be taken by the partment and on all matters relating to effect of proposed legislation on the ad­ Department with respect thereto; super­ the revision of postal rates and fees, with ministrative proceedings and financial vising the functions of the Central Sug­ the Bureau of the Budget and thé Trea­ operations of the Department; advising gestions Committee; preparing t h e sury Department in the execution of with and assisting the Departmental of­ material for annual and special public Executive Order No. 8512, as amended, ficial in charge of legislative matters; or confidential reports; and performing and with the General Accounting Office, planning, supervising and conducting, such other duties as the Postmaster on all matters of policy and major the research and development program General may direct.. changes in financial operations; attend­ of the Post Office Department, which The various bureaus and offices of the ing and participating in hearings before shall include continuous studies and Department will confer with the Ad­ the Bureau of the Budget, appropriation analyses in the fields of business man­ ministrative Assistant to the Postmaster committees, and other committees of agement; in collaboration with the bu­ General on budgetary, financial, and ac­ Congress; aiding and advising the bu­ reaus and offices of the Department, counting matters, on new activities and reaus and offices of the Department; planning, supervising and conducting procedures, on proposed changes in op­ reviewing and analyzing requests for tests for the purpose of improving exist­ erating and management procedures, allocations and apportionment of appro­ ing management, methods, procedures, and on research matters. The Office of priated funds; recommending proper and standards, equipment, supplies, means the Administrative Assistant to the Post­ equitable allocations of appropriated and devices used in the postal service; master General will be the channel funds to activities; apportioning appro­ making recommendations for the intro­ through which such matters will be co­ priated funds for all activities under the duction of new types of management, ordinated for consideration by the Post­ jurisdiction of the bureaus and offices of methods, procedures, standards, equip­ master General and the Deputy the Department as approved by the ment, supplies, means and devices for Postmaster General. Postmaster General, and insure the best use in such service in order that the There are hereby transferred to the possible budgetary, control of expendi­ business of the Department may be more Administrative Assistant to the Post­ tures in accordance with such allot­ efficiently and economically operated; master General, for use in connection ments; conducting surveys a n d planning, supervising, and conducting with the functions assigned by this Or­ preparing recommendations for the im­ continuous studies and analyses of the der, the officers and employees, records, provement of budgetary and fiscal man­ postal-rate structure, including fees for property, and unexpended balances of agement functions of the bureaus and special services, in collaboration with appropriations, allocation and other offices of the Department; determining the Bureau of Finance, and making rec­ funds (available or to be made avail­ or approving financial programs, and ommendations as to changes, adjust­ able) of the Director, Office of Budget maintaining over-all control of funds ments, or modifications of postal rates and Administrative Planning, Commis­ and personnel ceilings; preparing budget and fees in order that the revenues of sioner of the Budget, and Commissioner and manpower reports required to be the Department will, insofar as possible of Administrative Planning. submitted by the Department; preparing in the light of public interest and con­ In the performance of the functions budgetary statistical analyses ; in collab­ sistent with policies established by Con­ assigned by this or-by future Orders to oration with the Comptroller^ Bureau gress, be more nearly equal to t h e the Administrative Assistant to the Post­ of Accounts, conducting surveys and re­ expenditures of the Department; plan­ master General he and the officials in search necessary to the development- of ning, supervising, and conducting con­ the Office of the Administrative Assist­ improved cost accounting and control tinuous studies and analyses of the ant to the Postmaster General shall use, procedures and formulation of policies transportation-rate structure, including insofar as practicable, the personnel and with respect to the financial accounting financial and operational data of carriers other facilities of the various bureaus and statistical systems of the Depart­ transporting mails, in collaboration with and offices of the Department. ment; devising improvements and the Bureau of Transportation, and mak­ The Director of the Division of Budget changes in all operations of the Depart­ ing recommendations with respect there­ and Planning, the Director of the Divi­ ment as may be desirable because of to; determining adequacy and quality sion of Research, and the Director of changing economic conditions or of services, and making recommenda­ the Division of Rates, as delegated by changes in business practices and man­ tions deemed necessary with respect to the Administrative Assistant to the Post­ agement, and developing a management same; analyzing operating statistics; master General, shall have general improvement plan for meeting the re­ keeping informed of the scope and major supervision of the work of the Adminis­ quirements of section 1001 of title X of findings of the managemenVoperations, trative Assistant to the Postmaster Gen­ Public Law 429, approved October 28, planning, postal-rate, and transporta­ eral; and in his absence shall discharge 1949, Executive Order No. 10072, and in­ tion-rate studies and research conducted the duties regularly devolving upon that structions of the Bureau of the Budget; by the bureaus and offices, and recom­ officer as designated by him. advising all bureaus and offices of the mending studies to be conducted by the The Administrative Assistant to the Department as to policies and workload bureaus and offices of the Department; Postmaster General shall serve as a estimates to be used as a basis for budget preparing such reports with respect to member of the Postmaster General’s estimates and assist in the preparation the postal-rate and transportation-rate Staff. The Director of the Division of thereof ; revising budget estimates as the structures as the Department may be Budget and Planning, the Director of Postmaster General may direct; assist­ required to submit to ^Federal agencies the Division of Research, and the Di­ ing in policy coordinating in. program and to the Congress; reviewing and mak­ rector of the Division of Rates shall serve administration areas in the development ing recommendations with respect to all as the Central Suggestions Committee and allocation of functional program orders and regulations before they are and shall perform the functions assigned requirements, organization planning, acted upon by the Postmaster General; to the said Committee. No. 106------4 3468 NOTICES

(d) All regulations, orders, or instruc­ April 7, 1950, to 10:00 a. m., October 13, tions inconsistent with this order are 1950. C a lif o r n ia hereby repealed or modified to the ex­ 5. Applications filed within the periods classification order tent of such inconsistency. mentioned in paragraphs 3 (b) and 4 (a) M a y 12, 1950. will be treated as simultaneously filed. Es e a l ] j . m . D o n a l d s o n , 1. Pursuant to the authority delegated Postmaster General. A veteran shall accompany his appli­ to me by the Director, Bureau of Land cation with a complete photostatic, or Management, by Order No. 319 dated {F. R. Doc. 50-4719; Filed, June 1, 1950; other copy (both sides) of his certificate 8:48 a. m.] July 19, 1948 (43 CFR 50.451 (b) (3), 13 of honorable discharge, or of an official F. R. 4278), I hereby classify tinder the document of his branch of the service Small Tract Act of June 1, 1938 (52 Stat. DEPARTMENT OF THE INTERIOR which shows clearly his honorable dis­ 609), as amended July 14, 1945 (59 Stat. charge as defined in § 181.36 of Title 43 467, 43 U. S. C. section 682a), as herein­ of the Code of Federal Regulations, or Bureau of Land Management after indicated, the following described constitutes evidence of other facts upon C a lifo r n ia land in the Sacramento, California, land which the claim for preference is based district, embracing approximately 20 classification order and which shows clearly the period of acres, service. Other persons claiming credit M a y 12, 1950. for service of veterans must furnish like Califo rnia Sm al l T ract Classification 1. Pursuant to the authority delegated proof in support of their claims. Per­ No. 211 to me by the Director, Bureau of Land sons asserting preference rights, through For lease and sale for homesites only: Management, by Order No. 319 dated settlement or otherwise, and those hav­ T. 6 S., R. 21 E., M. D. M., July 19, 1948 (43 CFR 50.451 (b) (3), 13 ing equitable claims, shall accompany Sec. 18, Ni/aNE&NW ^. P. R. 4278), I hereby classify under the their application by duly corroborated Small Tract Act of June 1,1938 (52 Stat. statements in support thereof, setting The land is situated in Madera County, 609), as amended July 14, 1945 (59 Stat. forth in detail all facts relevant to their California, about 1 y2 miles from the 467, 43 TJ. S. C. section 682a), as herein­ claims. Town of Nipinnawasee. It is ih the foot­ after indicated, the following described 6. All of the land will be leased in hills of the Sierra Nevada Mountains land in the Los Angeles, California, land tracts of approximately 5 acres, each and close to scenic and recreational district, embracing approximately 240 being approximately 330 by 660 feet, the areas. It adjoins the Sierra National acres, longer dimension to extend north and Forest and can be reached over a road south. leading from Nipinnawasee to Yosemite California Sm al l T ract Classification Park. No. 209 7. Preference right leases referred to 2. As to applications regularly filed For lease and sale for homes!tes only; in paragraph 2 will be issued for the land described in the application irrespective prior to 9:00 a. m., June 28,1949, and are T. 9 N., R. 1 E., S. B. M., of the direction of the tract, provided the for the type of site for which the land Sec. 20, SWJ4 and S%SE}4. tract conforms to or is made to conform is classified, this order shall become The land is situated in San Bernardino to the area and the dimension specified effective upon the date it is signed. County and adjacent to the small town in paragraph 6. 3. As to the land not covered by appli­ of Daggett, California. It can be reached 8. Where only one five-acre tract in a cations referred to in paragraph 2, this over U. S. Highway 66, which is about H ten-acre subdivision is embraced in a order shall not become effective to per­ mile from the north boundary of the preference right application, an appli­ mit leasing under the Small Tract Act land. The nearest town that has all of cation for the remaining five-acre tract until 10:09 a. m., July 14, 1950. At that the usual community services is Barstow, extending in the same direction will be time such land shall, subject to valid California, about 8 miles west of the accepted in order to fill out the sub­ existing rights, become subject to land. The land is typically desert in division notwithstanding the direction application as follows: character and supports the usual desert specified in paragraph 6. (a) Ninety-day preference period for plants. The climate is one that is con­ 9. Leases will be for a period of five qualified veterans of World War II from sidered beneficial especially for persons years at an annual rental of $5.09 pay­ 10:00 a. m., July 14, 1950, to close of suffering from asthma or related respira­ able for the entire lease period in ad­ business on October 12, 1950. tory ailments. vance of the issuance of the lease. (b) Advance period for veterans’ si­ 2. As to applications regularly filed Leases will contain an option to purchase multaneous filings from 9:00 a. m., June prior to 11:00 a. m., April 7,1950, and are clause at the appraised value of $25.00 28, 1949, to 10:00 a. m., July 14, 1950. for the type of site for which the land is per acre, application for which may be 4. Any of the land remaining unap­ classified, this order shall become effec­ filed at or after the expiration of one propriated shall become subject to ap­ tive upon the date it is signed. year from date the lease is issued. plication under the Small Tract Act by 10. Tracts will be subject to all existing the public generally, commencing at 3. As to the land not covered by appli­ 10:00 a. m., October 13, 1950. cations referred to in paragraph 2, this rights-of-way and to rights-of-way not (a) Advance period for simultaneous order shall not become effective to permit exceeding 33 feet- in width along or near nonpreference filings from 9:00 a. m., leasing under the Small Tract Act until the edges thereof for road purposes and June 28, 1949, to 10:00 a. m., October 13. 10:00 a. m., July 14, 1950. At that time public utilities. Such rights-of-way 1950. such land shall, subject to valid existing may be utilized by the Federal Govern­ 5. Applications filed within the periods rights, become subject to application as ment, or the state, county or municipality follows: in which the tract is situated, or by any mentioned in paragraphs 3 (b) and 4 (a) agency thereof. The rights-of-way may, will be treated as simultaneously filed. (a) Ninety-day preference period for A veteran shall accompany his appli­ qualified veterans of World War II from in the discretion of the authorized of­ ficer of the Bureau of Land Management, cation with a complete photostatic, or 10:00 a. m., July 14, 1950 to the close of other copy (both sides) of his certificate business on October 12, 1950. be definitely located prior to the issuance of the patent. I f not so located, they of honorable discharge, or of an official (b) Advance period for veterans’ document of his branch of the service simultaneous filings from 11:00 a. m. may be subject to location after patent is issued. which shows clearly his honorable dis­ April 7,1950, to 10:00 a. m., July 14,1950. charge as defined in § 181.36 of Title 43 4. Any o f the land remaining unap­ 11. All inquiries relating to these lands of the Code of Federal Regulations, or propriated shall become subject to ap­ should be addressed to the Manager, constitutes evidence of other facts upon plication under the Small Tract Act by Land Office, Los Angeles, California. which the claim for preference is based the public generally, commencing at J. H. F avorite, and which shows clearly the period of 10:00 a. m., October 13, 1950. Acting Regional Administrator. service. Other persons claiming credit (a) Advance period for simultaneous for service of veterans must furnish like fF. R. Doc. 50-4705; Filed, June 1, 1950; nonpreference filings from 11:00 a. m., proof in support of their claims. Persons 8:47 a. m.J asserting preference rights, through set- Friday, June 2, 1950 FEDERAL REGISTER 3469 tlement or otherwise, and those having sued its order entered May 25, 1950, in [Project No. 187] equitable claims, shall accompany their the above-designated matter, authorizing P acific G as and E lectric Co. application by duly corroborated state­ and approving merger of facilities with ments in support thereof, setting forth those of Missouri Public Service Com­ NOTICE OF ORDER CONSENTING TO WITH­ in detail all facts relevant to their claims. pany. DRAWAL OF APPLICATION FOR AMENDMENT 6. All of the land will be leased in OF LICENSE (MAJOR) [ seal] L eon M. F u q u a y , M ay 26, 1950. tracts of approximately 2% acres, each Secretary. being aproximately 330 by 330 feet in Notice is hereby given that, on May 19, dimension. [F. R. Doc. 50-4718; Filed, June 1, 1950; 1950, the Federal Power Commission is­ 7. Preference right leases referred to 8:48 a. m.] sued its order entered May 18,1950, con­ in paragraph 2 will be issued for the land senting to withdrawal of application for described in the application, provided amendment of license (major) in the the tract conforms to or is made to con­ above-designated matter. [Docket No. 0-595] form to the area and the dimension spec­ [ seal] L eon M. F u q u a y , ified in paragraph 6. R eynosa P ipe L in e Co. Secretary. 8. Leases will be for a period of five years at an annual rental of $5.00 payable NOTICE OF ORDER AMENDING ORDER AUTHOR­ [F. R. Doc. 50-4711; Filed, June 1, 1950; for the entire lease period in advance of IZING EXPORTATION OF NATURAL GAS FRO]« 8:48 a. m.] the issuance of the lease. Leases will UNITED STATES TO FOREIGN COUNTRY cdntain an option to purchase clause at the appraised value of $20.00 per acre, M a y 26,1950. application for which may be filed at or Notice is hereby given that, on May [Project No. 1254] 19, 1950, the Federal Power Commission aftefthe expiration of one year from date F. W. Sater the lease is issued. issued its order entered May 18, 1950, 9. Tracts will be subject to rights-of- amending order of June 6, 1946, author­ n o t ic e OF order d ism iss in g in c o m p l e t e way not exceeding 33 feet in width along izing exportation of natural gas from the APPLICATION FOR NEW LICENSE (MINOR) or near the edges thereof for road pur­ United States to a foreign country in the M ay 26, 1950. poses and public utilities. Such rights- above-designated matter. of-way may be utilized by the Federal Notice is hereby given that, on May 22, [ seal] L eon M. F u q u a y , 1850, the Federal Power Commission Government, or the state, county or Secretary. municipality in which the tract is situ­ issued its order entered May 18, 1950, ated, or by any agency thereof. The [F. R. Doc. 50-4709; Filed, June 1, 1950; dismissing incomplete application for rights-of-way may, in the discretion of 8:48 a. m.] new license (minor) in the above-desig­ the authorized officer of the Bureau of nated matter. Land Management, be definitely located [ seal] L eon M. Fu q u a y , prior to the issuance of the patent. If Secretary. not so located, they may be subject to [Docket Nos. G-894, G-1363] [F. R. Doc. 50-4712; Filed, ' June 1, 1950; location after patent is issued. U nited G as P ipe L in e Co. 10. All inquiries relating to these lands 8:48 a. m.] should be addressed to the Manager, Land n o t ic e o f order vacating po r t io n o f cer­ Office, Sacramento, California. t if ic a te OF PUBLIC CONVENIENCE AND NECESSITY AND DISMISSING APPLICATION J. H. F avorite, [Project No. 1930] Acting Regional Administrator. M a y 26, 1950. S outhern California Edison C o. [F. R., Doc. 50-4706; Filed, June 1, 1950; Notice is hereby given that, on May 8:47 a. m.] 19, 1950, the Federal Power Commission NOTICE OF ORDER REVISING ARTICLE 18 OF issued its order entered May 18, 1950, PROPOSED LICENSE (MAJOR) in the above-designated matters, vacat­ May 26, 1950. FEDERAL POWER COMMISSION ing portion of certificate of public Notice is hereby given that, on May 19, [Docket No. E—6265] convenience and necessity issued on Sep­ 1950, the Federal Power Commission tember 2, 1947, published in the F ederal O klahom a G as and E lectric C o. issued its order entered May 18, 1950, R egister on September 6, 1947 (12 F. R. revising Article 18 of proposed license NOTICE OF ORDER EXTENDING AUTHORIZATION 5956), in Docket No. G-894, and dis­ (major) in the above-designated matter. AND APPROVAL GRANTED BY PRIOR ORDER missing application for certificate of public convenience and necessity in [ seal] L eon M. F u q u a y, M ay 26, 195,0. Docket No. G-1363. Secretary. Notice is hereby given that, on May 23, 1950, the Federal Power Commission [ seal] L eon M. F u q u a y , [F. R. Doc. 50-4713; Filed, June 1, 1950; 8:48 a. m.] issued its order entered May 23, 1950, Secretary. in the above-designated matter, extend­ [F. R. Doc. 50-4710; Filed, June 1, 1950; ing until August 31, 1950, the authoriza­ 8:48 a. m.J tion and approval granted by order of February 28, 1950, published in the E ast O hio G as C o. F ederal R egister on March 16, 1950 (15 NOTICE OF ORDER PERMITTING FILING ON F. R. 1495). [Docket No. G-1307] RECLASSIFICATION AND ORIGINAL COST seal eon u q u a y STUDIES AND EXTENDING TIME FOR FILING [ ] L M. F , A l u m R ock G as C o . Secretary. M ay 26, 1950. [F. R. Doc. 50-4717; Filed, June 1, 1950; NOTICE OF ORDER PERMITTING WITHDRAWAL OF PLEADING Notice is hereby given that, on May 22, 8:48 a. m.] 1950, the Federal Power Commission M ay 26, 1950. issued its order entered May 18, 1950, Notice is hereby given that, on May permitting filing of reclassification and original cost studies as of December 31, [Docket No. E-6286] 23, 1950, the Federal Power Commission issued its order entered May 23, 1950, 1949, and extending time for filing until M issouri P ublic S ervice C orp. permitting withdrawal of pleading in the June 30, 1951, in the above-designated matter. n o t ic e o f order authorizing and appro v­ above-designated matter. in g MERGER OF FACILITIES' [ s e a l] L e o n M . F u q u a y , [ seal] L eon M. F u q u a y , Secretary. M a y 26,1950. Secretary. Notice is hereby given that, on May 25, [F. R. Doc. 50-4716; Filed, June 1, 1950; [F. R. Doc. 50-4714; Filed, June 1, 1950; 1950, the Federal Power Commission is­ 8:48 a. m.] 8:48 a. m.] 3470 NOTICES

I o w a P o w e r and L ig h t C o . [4th Sec. Application No. 25133] Schedules filed containing proposed rates; D. Q. Marsh’s tariff I. C. C. No. NOTICE OF ORDER EXTENDING TIME FOR S ugar F r o m S o u t h P a c ific C oast to 3894, Supplement 8. D. Q. Marsh’s tariff COMPLIANCE M is s o u r i and I l l in o is I. C. C. No. 3752, Supplement 439. M a y 26, 1950. APPLICATION FOR RELIEF Any interested person desiring the Commission to hold a hearing upon such Notice is hereby given that, on May 22, M a y 29, 1950. application shall request the Commission 1950, the Federal Power Commission The Commission is in receipt of the in writing so to do within 15 days from issued its order entered May 18, 1950, above-entitled and numbered applica­ the date of this notice. As provided by extending time for compliance with the tion for relief from the long-and-short- the general rules of practice of the Com­ provisions of Plant Accounts Instruc­ haul provision of section 4 (1) of the mission, Rule 73, persons other than tions 2-D of the Uniform Systems of Ac­ Interstate Commerce Act. applicants should fairly disclose their counts for Public Utilities and Licensees Filed by: L. E. Kipp, Agent, for and on interest, and the position they intend tà and Natural Gas Companies and the behalf of carriers parties to his tariff take at the hearing with respect to thf Commission’s orders of May 11,1937, and I. C. C. No. 1535. ^application. Otherwise the Commission, No. 73, in the above-designated matter. Commodities involved: Sugar, car­ in its discretion, may proceed to invests [ s e a l] L e o n M.-Fu q u a y , loads. gate and determine the matters involved Secretary. From: South Pacific Coast points. in such application without further oi To : Cairo, 111., and points in southern formal hearing. If because of an emer­ [F. R. Doc. 50-^4715; Filed, June 1, 1950; gency a grant of temporary relief is 8:48 a. m.] Missouri. Grounds for relief: Market competi­ found to be necessary before the expira­ tion. tion of the 15-day period, a hearing, INTERSTATE COMMERCE Schedules filed containing proposed upon a request filed within that period, rates : L. E. Kipp’s tariff I. C. C. No. 1535, may be held subsequently. COMMISSION Supplement 30. By the Commission, Division 2. [4th Sec. Application No. 25132] Any interested person desiring the Commission to hold a hearing upon such [ se al] W . P. B artel, Secretary. S oda i n O f f ic ia l T er r ito r y application shall request the Commission in writing so to do within 15 days from [F. R. Doc. 50-4725; Filed, June 1, 1950; Ap p l ic a t io n for relief the date of this notice. As provided by 8:49 a. m.] the general rules of practice of the Com­ M a y 29, 1950. mission, Rule 73, persons other than ap­ The Commission is in receipt of the plicants should fairly disclose their above-entitled and numbered -applica­ interest, and the position they intend [4th Sec. Application No. 25135] tion for relief from the long-and-short- to take at the hearing with respect to haul provision of section 4 (1) of the W allpaper F rom I l l in o is to T r u n k L in e the application. Otherwise the Commis­ T er r ito r y Interstate Commerce Act. sion, in its discretion, may proceed to Filed by: C. W. Boin, Agent, for and investigate and determine the matters APPLICATION FOR RELIEF on behalf of carriers parties to his tariff involved in such application without fur­ M a y 29, 1950. I. C. C. No. A-848. ther or formal hearing. I f because of an The Commission is in receipt of the Commodities involved: Soda and soda emergency a grant of temporary relief products, carloads. above-entitled and numbered applica­ is found to be necessary before the ex­ tion for relief from the long-and-short- Between: Points in Illinois territory, piration of the 15-day period, a hearing, haul provision of section 4 (1) of the on the one hand, and points in Trunk upon a request filed within that period, Interstate Commerce Act. Line, Central and New England terri­ may be held subsequently. tories, on the other. Filed by: B. T. Jones, Agent, for and By the Commission, Division 2. on behalf of carriers parties to his tariff Grounds for relief: Circuitous routes I. C. C. No. 3758,. pursuant to fourth- and to maintain grouping. [ s e a l ] W . P. B artel, Secretary. section order No. 9800. Schedules filed containing proposed Commodities involved : Wallpaper, fin­ rates: Sup. 87, B. T. Jones’ tariff I. C. C. [F. R. Doc. 50-4724; Filed, June 1, 1950; ished, carloads. No. 3779, et al. Sup. 159, C. W. Boin’s 8:49 a. m.] From: Chicago, Joliet and Decatur, tariff I. C. C. No. A-848. 111. Any interested person desiring the To: Points in trunk line territory. Commission to hold a hearing upon such Grounds for relief: Circuitous routes. application shall request the Commis­ [4th Sec. Application No. 25134] Any . interested person desiring the sion in writing so to do within 15 days A cids an d C h e m ic a l s F rom B r o w n s v il l e , Commission to hold a hearing upon such from the date of this notice. As pro­ T e x ., to O f f ic ia l an d S o u t h e r n T er­ application shall request the Commis­ vided by the general rules of practice of ritories sion in writing so to do within 15 days the Commission, Rule 73, persons other from the date of this notice. As provided APPLICATION FOR RELIEF by the general rules of practice of the than applicants should fairly disclose Commission, Rule 73, persons other than their interest, and the position they in­ M a y 29, 1950. applicants should fairly disclose their tend to take at the hearing with respect The Commission is in receipt of the interest, and the position they intend to to the application. Otherwise the Com­ above-entitled and numbered applica­ take at the hearing with respect to the mission, in its discretion, may proceed to tion for relief from the long-and-short- application. Otherwise the Commission, investigate and determine the matters haul provision of section 4 (1) of the in its discretion, may proceed to investi­ involved in such application without Interstate Commerce Act. gate and determine the matters involved further or formal hearing. If because of Filed by: D. Q. Marsh, Agent, for and in such application without further or an emergency a grant of temporary re­ on behalf of carriers parties to his tariffs formal hearing. I f because of an emer­ I. C. C. Nos. 3894 and 3752. lief is found to be necessary before the gency a grant of temporary relief is Commodities involved: Acetic acid, expiration of the 15-day period, a hear­ found to be necessary before the expira­ glacial or liquid and acetic anhydride, tion of the 15-day period, a hearing, ing, upon a request filed within that tank carloads. upon a request filed within that period, period, may be held subsequently. From: Brownsville, Tex. may be held subsequently. By the Commission, Division 2. T o : Points in official and southern territories. . By the Commission, Division 2. [ s e a l] W. P. B artel, [ s e a l] W. P. B artel, Secretary. Grounds for relief: Circuitous routes and to apply over short tariff routes rates Secretary. [F. R. Doc. 50-4723; Filed, June 1, 1950; constructed on the basis of the short line [F. R. Doc. 50-4726; Filed, June 1, 1950; 8:49 a. m.] distance formula. 8:49 a.m .] Friday, June 2, 1950 FEDERAL REGISTER $471

utive Order 9193, as amended, and Exec­ law, after investigation, it is hereby DEPARTMENT OF JUSTICE utive Order 9788, and pursuant to law, found: Office of Alien Property after investigation, it is hereby found: 1. That Dora Albrecht, whose last 1. That Otto Weih, Emma Weih Witt, known address is (15) Gossnitz Thur­ Au t h o r it y : 40 Stat. 411, 55 Stat. 839, Pub. Johan (Johann) Buhmann, Herbert ingia, Alte-strasse 1, Kries Altenburg, Laws 322, 671, 79th Cong., 60 Stat. 50, 925; 50 Germany, is a resident of Germany and U. S. C. and Supp. App. 1, 616; E. O. 9193, Buhmann, Elise Marie Buhmann and July 6, 1942, 3 CFR, Cum. Supp., E. 0..9567, Anna Buhmann, whose last known a national of a designated enemy coun­ June 8, 1945, 3 CFR, 1945 Supp., E. O. 9788, address was, on April 13,1950, Germany, try (Germany) ; Oct. 14, 1946, 11 F. R. 11981. were on such date residents of Germany 2. That the property described as fol­ lows : That certain debt or other obliga­ [Vesting Order 14654] and nationals of a designated enemy country (Germany); tion owing to Dora Albrecht by the H e n r y P eter R o n k e n d o r f 2. That the total sum of $530.68 was United States Civil Service Commission, In re: Estate of Henry Peter Ronken­ paid to the Attorney General of the Washington 25, D. C., in the amount of dorf, deceased. Pile No. D-28-11910; United States by Armon J. Crawford, as $494.03, as of August 16, 1949 represent­ Agent, State Bank of Lake Zurich, Lake ing funds withheld in the Retirement E. T. sec. 16103. Fund maintained by the aforesaid Under the authority of the Trading Zurich, Illinois; With the Enemy Act, as amended, Execu­ 3. That the sum of $530.68 was ac­ United States Civil Service Commission and payable to the said Dora Albrecht as tive Order 9193, as amended, and Execu­ cepted by the Attorney General of the designated beneficiary of Richard Wer­ tive Order 9788, and pursuant to law, United States on April 13,1950, pursuant ner, deceased, together with any and all after investigation, it is hereby found: to the provisions'of the Trading with the 1. That Hans Goettsche, whose last Enemy Act, as amended; accruals thereto, and any and all rights to demand, enforce and collect the known address is Germany, is a resident 4. That the said sum of $530.68 is pres­ of Germany and a national of a desig­ ently in the possession of the Attorney same, nated enemy country (Germany) ; General of the United States and was is property within the United States 2. That all right, title, interest and property within the United States owned owned or controlled by, payable or de­ claim of any kind or character whatso­ or controlled by, payable or deliverable liverable to, held on behalf of or on ever of the person named in subpara­ to, held on behalf of or on account of, or account of, or owing to, or which is evi­ graph 1 hereof, in and to the estate of owing to, or which was evidence of dence of ownership or control by, the Henry Peter Ronkendorf, deceased, is ownership or control by, the aforesaid aforesaid national of a designated enemy property payable or deliverable to, or nationals of a designated enemy country country (Germany) ; (Germany); claimed by, the aforesaid national of a and it is hereby determined: designated enemy country (Germany) ; and it is hereby determined: 3. That to the extent that the person 3. That such property is in the process 5. That to the extent that the persons named in subparagraph 1 hereof is not of adminstration by Florence Boyes, as named in subparagraph 1 hereof were within a designated enemy country, the administratrix, acting under the judicial not within a designated enemy country national interest of the United States supervision of the Superior Court of tjie on April 13, 1950, the national interest requires that such person be treated as State of California, in and to the County of the United States required that such a national of a designated enemy country of San Joaquin; persons be treated as nationals of a des­ (Germany). and it is hereby determined: ignated enemy country (Germany) on All determinations and all action re­ 4. That to the extent that the person such date. quired by law, including appropriate con­ named in subparagraph 1 hereof is not All determinations and all action re­ sultation and certification, having been within a designated enemy country, the quired by law, including appropriate made and taken, and, it being deemed national interest of the United States consultation and certification, having necessary in the national interest, requires that such person be treated as been made and taken, and, it being There is hereby vested in the Attorney a national of a designated enemy coun­ deemed necessary in the national General of the United States the prop­ try (Germany). interest, erty described above, to be held, used, ad­ There is hereby vested in the Attorney ministered, liquidated, sold or otherwise All determinations and all action re­ General of the United States the prop­ quired by law, inclûding appropriate con­ dealt with in the interest of and for the erty described above, to be held, used, benefit of the United States. sultation and- certification, having been administered, liquidated, sold or other­ made and taken, and, it being deemed The terms “national” and “ designated wise dealt with in the interest of and enemy country” as used herein shall necessary in the national interest, for the benefit of the United States. There is hereby vested in the Attorney have the meanings prescribed in section This vesting order is issued nunc pro General of the United States the prop­ 10 of Executive Order 9193, as amended. .tunc to confirm the vesting of the said erty described above, to be held, used, property by acceptance as aforesaid. Executed at Washington, D. C., on administered, liquidated, sold or other­ The terms “national” and “ designated May 15, 1950. wise dealt with in the interest of and for enemy country” as used herein shall For the Attorney General. the benefit of the United States. have the meanings prescribed in section The terms “national” and “designated [ s e a l] H arold I. B a y n t o n , 10 of Executive Order 9193, as amended. enemy country” as used herein shall have Acting Director, the meanings prescribed in section 10 of Executed at Washington, D. C., on Office of Alien Property. Executive Order 9193, as amended. May 15, 1950. [F. R. Doc. 50-4738; Filed, June 1, 1950; Executed at Washington, D. C., on For the Attorney General. 8:51 a. m.] May 15, 1950. [ s e a l] H arold I. B a y n t o n , For the Attorney General. Acting Director, Office of Alien Property. [ seal] H arold I. B a y n t o n , [Vesting Order 14699] [F. R. Doc. 50-4737; Filed, June 1, 1950; Acting Director, C harles E ic h h o r n Office of Alien Property. 8:51 a. m.] In re : Trust under the will of Charles [F. R. Doc. 50-4736; Filed, June 1, 1950; Eichhorn, deceased. File No. D-28- 8:51 a. m.] 12840; E. T. sec. No. 17006. [Vesting Order 14660] Under the authority of the Trading With the Enemy Act, as amended, Execu­ Dy ora A lbr ech t tive Order 9193, as amended, and Execu­ [Vesting Order 14657] In re: Debt owing to Dora Albrecht. tive Order 9788, and pursuant to law, O tto W e ih et a l. D-28-2161. after investigation, it is hereby found: In re: Property of Otto Weih et al. Under the authority of the Trading 1. That Mary Metz Castaldi, whose last File D-28-12055 E. T. sec. 16271. With the Enemy Act, as amended, known address is Germany, is a resident Under the authority of the Trading Executive Order 9193, as amended, and of Germany and a national of a desig­ With the Enemy Act, as amended, Exec- Executive Order 9788, and pursuant to nated enemy country (Germany); 3472 NOTICES

2. That all right, title, interest and Executed at Washington, D. C., on Executed at Washington, D. C., on claim of any kind of character whatso­ May 23, 1950. May 22, 1950. ever of the person named in subpara­ graph 1 hereof in and to the trust created For the Attorney General. For the Attorney General. under the will of Charles Eichhorn, de­ [ s e a l] H arold I. B a y n t o n , [ s e a l ] H arold I. B a y n t o n , ceased, is property payable or deliver­ Acting Director, Acting Director, able to, or claimed by the aforesaid Office of Alien Property. Office of Alien Property. national of a designated enemy country (Germany) ; [F. R. Doc. 50-4740; Filed, June 1, 1950; [F. R. Doc 50-4742; Filed, June 1, 1950; 8:51 a. m.] 3. That such property is in the process 8:51 a. m.] of administration by Louis J. Suess, as trustee, acting under the judicial super­ vision of the Orphans’ Court of Phila­ [Return Order 637] delphia County, Philadelphia, Pennsyl­ [Return Order 641] eorges egrelle vania; s G D Je a n P ierre B ertrand and it is hereby determined: Having considered the claim set forth Having considered the claims set forth 4. That to the extent that the person below and having issued a determination below and having issued a determination named in subparagraph 1 hereof is not allowing the claim, which is incorporated allowing the claim, which is incorpo­ within a designated enemy country, the by reference herein and filed herewith, rated bÿ reference herein and filed here­ national interest of the United States re­ I t is ordered, That the claimed prop­ with. quires that such person be treated as a erty, described below and in the deter­ It is ordered, That the claimed prop­ national of a designated enemy country mination, including all royalties accrued erty, described below and in the deter­ (Germany). thereunder and all damages and profits mination, including all royalties accrued All determinations and all action re­ recoverable for past infringement there­ thereunder and all damages and profits quired by law, including appropriate of, be returned after adequate provision recoverable for past infringement consultation and certification, having for taxes and conservatory expenses: thereof, be returned after adequate pro­ been made and taken, and, it being Claimant, Claim No., Notice of Intention To vision for taxes and conservatory deemed necessary in the national Return Published, and Property expenses : interest, Georges Degrelle, Saint-Sebastien-les- Claimant, Claim No., Notice of Intention To There is hereby vested in the Attorney Nantes (Loire-Inferieure) France; Claim No. Return Published, and Property General of the United States the prop­ 41699; April 14, 1950 (15 F. R. 2135); prop­ erty described above, to be held, used, erty described in Vesting Order No. 666 (8 Jean Pierre Bertrand, Paris, France; Claim administered, liquidated, sold or other­ F. R. 5047, April 17, 1943), relating to United No. 41702; April 21, 1950 (i5 F. R. 2260); States Letters Patent No. 2,198,864; this re­ property described in Vesting Order No. 666 wise dealt with in the interest of and for (8 F. R. 5047, April 17, 1943), relating to the benefit of the United States. turn shall not be deemed to include the rights of any licensees under the above United States Letters Patent No. 2,200,018; The terms “national” and “designated patent. this return shall not be deemed to include enemy country” as used herein shall the rights of any licensees under the above have the meanings prescribed in section Appropriate documents and papers patent. effectuating this order will issue. 10 of Executive Order 9193, as amended. Appropriate documents and papers ef­ Executed at Washington, D. C., on Executed at Washington, D. C., on fectuating this order will issue. May 22, 1950. May 29, 1950. Executed at Washington, D. C., on For the Attorney General. For the Attorney General. May 23, 1950.

[ se al] H arold I. B a y n t o n , [ se al] H arold I. B a y n t o n , For the Attorney General. Acting Director, Acting Director, [ seal] H arold I. B a y n t o n , * Office of Alien Property. Office of Alien Property. Acting Director, [F. R. Doc. 50-4739; Filed, June 1, 1950; [F. R. Doc. 50-4741; Filed, June 1, 1950; Office of Alien Property. 8:51 a. m.] 8:51 a. m.] [F. R. Doc. 50-4743; Filed June 1, 1950; 8:51 a. m.]

[Return Order 634] [Return Order 638]

E l l e n W o lff T heodore V o l o c h in e [Return Order 642]

Having considered the claim set forth Having considered the claim set forth R a y m o n d M eyer below and having issued a determination below and having issued a determination Having considered the claim set forth allowing the claim, which is incorporated allowing the claim, which is incorporated below and having issued a determination by reference herein and filed herewith, by reference herein and filed herewith, It is ordered, That the claimed prop­ It is ordered, That the claimed prop­ allowing the claim, which is incorporated erty, described below and in the deter­ erty, described below and in the deter­ by reference herein and filed herewith, mination, including all royalties accrued' mination, including all royalties accrued I t is ordered, That the claimed prop­ thereunder and all damages and profits thereunder and all damages and profits erty, described below and in the deter­ recoverable for past infringement recoverable for past infringement there­ mination, including all royalties accrued thereof, be returned after adequate pro­ of, be returned after adequate provision thereunder and all damages and profits vision for taxes and conservatory ex­ for taxes and conservatory expenses: recoverable for past infringement there­ penses: of, be returned after adequate provision Claimant, Claim No., Notice of Intention To Claimant, Claim No., Notice of Intention To Return Published, and Property for taxes and conservatory expenses: Return Published, and Property Claimant, Claim No., Notice of Intention To Theodore Volochine, Paris, France; Claim Return Published, and Property Ellen Wolff, 7 Park Avenue, New York, N. Y.; No. 41686; April 14, 1950 (15 F. R. 2135); Claim No. 33386; April 7, 1950 (15 F. R. 2015); property described in Vesting Order No. 293 Raymond Meyer, Boulogne-sur-Seine $143.00 in the Treasury of the United States; (7 F. R. 9836, November 26, 1942), relating to (Seine), France; Claim No. 41688; April 21, all right, title and interest held by the At­ 1950 (15 F. R. 2260); property described in United States Patent Application Serial No. torney General, including all physical prints Vesting Order No. 666 (8 F. R. 5047, April 245,949 (now United States Letters Patent In the possession of the Attorney General, of 17, 1943) relating to United States Letters a German language motion picture entitled No. 2,305,396); this return shall not be deemed Patent No. 2,160,252; this return shall not be “Ein Liebesroman Imhause Habsburg” (Jo­ to include the rights of any licensees under deemed to include the rights of any licensees hann Orth). the above patent. under the above patent. Appropriate documents and papers ef­ Appropriate documents and papers Appropriate documents and papers fectuating this order will issue. effectuating this order will issue. effectuating this order will issue. Friday, June 2, 1950 FEDERAL REGISTER 3473

Executed at Washington, D. C* on Executed at Washington, D. C., on For the Attorney General. May 25, 1950. May 25, 1950. [ s e a l] H arold I. B a y n t o n , For the Attorney General. For the Attorney General. Acting Director, Office of Alien Property. [ seal] H arold I. B a y n t o n , [ s e a l] H arold I. B a y n t o n , Acting Director, Acting Director, [F. R. Doc. 50-4748; Filed, June 1, 1950; 8:51 a. m.] Office of Alien Property. Office of Alien Property.

[F. R. Doc. 50-4744; Filed, June 1, 1950; [F. R. Doc. 50-4746; Filed, June 1, 1950; 8:51 a. m.] 8:51 a. m.] [Return Order 651]

C a m il l e D elalandre Having considered the claim set forth [Return Order 643] [Return Order 646] below and having issued a determination G e ld o lp h A. H e y n in g E t ie n n e J. P s ia c h i allowing the claim, which is incorpo­ Having considered the claim set forth Having considered the claim set forth rated by reference herein and filed below and having issued a determina­ below and having issued a determination herewith, tion allowing the claim, which is incor­ allowing the claim, which is incorporated It is ordered, That the claimed prop­ porated by reference herein and filed by reference herein and filed herewith, erty, described below and in the deter­ mination, including all royalties accrued herewith, It is ordered. That the claimed prop­ erty, described below and in the determi­ thereunder and all damages and profits It is ordered, That the claimed prop­ recoverable for past infringement there­ erty, described below and in the deter­ nation, including all royalties accrued thereunder and all damages and profits of, be returned after adequate provision mination, be returned, subject to any for taxes and conservatory expenses: increase or decrease resulting from the recoverable for past infringement there­ administration thereof prior to return, of, be returned after adequate provision Claimant, Claim No., Notice of Intention To and after adequate provision for taxes for taxes and conservatory expenses: Return Published, and Property and conservatory expenses; Claimant, Claim No., Notice of Intention‘To Camille Delalandre, Suresnes (Seine) Return Published, and Property France; Claim No. 37101; April 21, 1950 (15 Claimant, Claim No., Notice of Intention To F. R. 2260); property described in Vesting Return Published, and Property Geldolph A. Heyning, Bratto, Sannidal, Order No. 666 (8 F. R. 5047, April 17, 1943), Etienne J. Psiachi, Varna, Bulgaria; Claim Norway; Claim No. 7777; April 19, 1950 (15 . relating to United States Letters Patent No. No. 35531; April 22, 1950 (15 F. R. 2282) ; $330 F. R. 2208); property described in Vesting 2,113,879; this return shall not be deemed in the Treasury of the United States; all Order No. 291 (7 F. R. 9834, November 26, to include the rights of any licensees under right, title, interest and claim of Etienne 1942), relating to Patent Application Ser. No. the above patent. Psiachi in and to the Estate of Rufus W. 281,603 (now United States Letters Patent No.' 2,313,199); this return shall not be deemed to Lane, deceased. Appropriate documents and papers ef­ include the rights of any licensees under the fectuating this order will issue. Appropriate documents and papers ef­ above patent. fectuating this order will issue. Executed at Washington, D. C., on Appropriate documents and papers May 25, 1950. Executed at Washington, D. C., on effectuating this order will issue. For the Attorney'General. May 23, 1950. Executed at Washington, D. C., on May For the Attorney General. 23, 1950. [ se al] H arold I. B a y n t o n , Acting Director, [ seal] H arold I. B a y n t o n , For the Attorney General. Office of Alien Property. Acting Director, [ s e a l] H arold I. B a y n t o n , [F. R. Doc. 50-4749; Filed, June 1, 1950; Office of Alien Property. Acting Director, 8:52 a. m.] [F. R. Doc. 50-4745; Filed, June 1, 1950; Office of Alien Property. 8:51 a. m.] [F. R. Doc. 50-4747; Filed, June 1, 1950; 8:51 a. m.] M rs. A n n a S c h w a r t z F iederer

n o t ic e o f in t e n t io n to r etu r n vested [Return Order 644] PROPERTY

Ja im e de S ternberg [Return Order 647] Pursuant to section 32 (f ) of the Trad­ ing With the Enemy Act, as amended, Having considered the claim set forth J ean E u g e n e C a n t o n notice is hereby given of intention to below and having issued a determina­ Having considered the claim set forth return, on or after 30 days from the date tion allowing the claim, which is incor­ below and having issued a determination of the publication hereof, the following porated by reference herein and filed allowing the claim, which is incorporated property, subject to any increase or de­ herewith, by reference herein and filed herewith, crease resulting from the administration It is ordered, That the claimed prop­ I t is ordered, That the claimed prop­ thereof prior to return, and after ade­ erty, described below and in the deter­ erty, described below and in the deter­ quate provision for taxes and conserva­ mination, including all royalties accrued mination, including all royalties accrued tory expenses: thereunder and all damages and profits thereunder and all damages and profits Claimant, Claim No., Property, and Location recoverable for past infringement recoverable for past infringement there­ of, be returned after adequate provision Mrs. Anna Schwartz Fiederer, Cleveland, thereof, be returned after adequate pro­ for taxes and conservatory expenses: Ohio; Claim No. 48110; $574.05 in the Treas­ vision for taxes and conservatory ury of the United States representing the expenses: Claimant, Claim No., Notice of Intention To total benefits payable under a contract of Return Published, and Property insurance evidenced by policy No. 66820468, Claimant, Claim No., Notice of Intention To Jean Eugene Canton, Juan-les-Pins (Alpes- issued by The Prudential Insurance Company Return Published, and Property Maritimes), France; Claim No. 41701; April of America, Newark, New Jersey, to Emilie Jaime de Sternberg, Herblay (Seine et 19, 1950 (15 F. R. 2208); property described Steyer nee Emilie Schonder. Oise), France; Claim No. 41656; April 19, 1950 in Vesting Order No. 667 (8 F. R. 4996, April Executed at Washington, D. C., on (15 F. R. 2209); property described in Vest­ 17, 1948), relating to United States Letters May 25, 1950. ing Order No. 666 (8 F. R. 5047, April 17. Patent No. 2,165,745; this return shall not be deemed to include the rights of any licensees 1943), relating to United States Letters For the Attorney General. under the above patent. Patent No. 2,191,789; this return shall not b$ [ s e a l] H arold I. B a y n t o n , deemed to include the rights of any licensees Appropriate documents and papers ef­ Acting Director, under the above patent. fectuating this order will issue. Office of Alien Property. Appropriate documents and papers ef­ Executed at Washington, D. C., on May [F. R. Doc. 50-4750; Filed, June 1, 1950; fectuating this order will issue. 23, 1950. 8:52 a. m.] 3474 NOTICES

A n n a W. O rdm an and M a x D. O r d m an n crease resulting from the administra- * Executed at Washington, D. c . on NOTICE OP INTENTION TO RETURN VESTED tion thereof prior to return, and after May 25, 1950. PROPERTY adequate provision for taxes and con­ servatory expenses: For the Attorney General. Pursuant to section 32 (f ) of the Trad­ ing With the Enemy Act, as amended, Claimant, Property, and Location [ s e a l] H ar o ld .I. B a y n t o n , notice is hereby given of intention to Anna W. Ordman, Executrix of the estate Acting Director, return, on or after 30 days from the date of Max D. Ordmann, New York, New York; Office of Alien Property. of the publication hereof, the following Claims Nos. 3269 and 6531; $1,120.00 in the [F. R. Doc. 50-4678; Filed, May 81, 1950; property, subject to any increase or de­ Treasury of the United States. 8:49 a. m.]

if