. x0 n a l ^ FEDERAL

VOLUME 14 1934 NUMBER 206 * Ü N lT tO * Washington, Tuesday, October 25, 1949

TITLE 6— AGRICULTURAL CREDIT tober 15, 1949, regardless of when the CONTENTS loans shall have been made by that bank. Chapter I—Farm Credit Administra­ (Sec. 8, 46 Stat. 14, as amended; 12 Agriculture Department Pa@e tion, Department of Agriculture U. S. C. 1141f) See Commodity Credit Corpora­ tion; Farm Credit Administra? Subchapter F— Banks for Cooperatives [seal] e . C. J ohnson, tion. Acting Governor. [PCA Order 507] Air Force Department O ctober 18, 1949. Rules and regulations: P ari 70—Loan I nterest R ates and [P. R. Doc. 49-8519; Piled, Oct. 24, 1949; California; withdrawing public Security 8:48 a. m.] lands for use of Department INTEREST RATE ON LOANS (see Land Management, Bu­ reau qf). Effective as of October 15,1949, §§ 70.5 Joint procurement regulations; and 70.6 of Title 6 of the Code of Fed­ Chapter IV— Production and Market­ numbered contracts and list eral Regulations are hereby amended to of offices of loss and salvage read as follows: ing Administration and Commodity Credit Corporation, Department of organizations (see Army De­ § 70.5 Interest rate on continental Agriculture partment). loans and loans made in Puerto Rico Alien Property, Office of upon the security of commodities. Ex­ Subchapter C— Loans, Purchases, and Other Notices: cept as may be specified in § 70.6, the Operations Vesting orders, etc.: per annum rate of interest on all loans [1949 C. C. C. Cottonseed Bulletin 1, Amdt. 1] Baldwin, Philip Sidney_____ 6508 made upon the security of commodities P art 643— Oilseeds Bellwinkel, Ludwig______6507 on and after the dates specified below D’Eustachio, Egidio, and An- by the district banks for cooperatives for SUBPART— 1949 COTTONSEED LOAN PROGRAM toinetta D’Eustachio_____ 6508 the purposes specified in section 7 (a) (1) The 1949 Cottonseed Loan Bulletin Dieudonne, Hector, et al____ 6508 of the Agricultural Marketing Act, as (1949 C. C. C. Cottonseed Bulletin 1) (14 Herold, Carl Richard______6506 amended (sec. 7, 46 Stat. 14; 12 U. S. C. Imhof, Michael______6507 1141e), shall be as follows: F. R. 5501) is hereby amended as follows: Paragraph (c) of § 643.168 is amended Army Department to read as follows:' a Rules and regulations: Rate Effective District bank for (percent) date cooperatives § 643.168 Availability of loans. * * * Joint procurement regulations; (c) Source. Loans will be made avail­ numbered contracts and list 2H...... Sept. 1,1948 All district banks—except able through the offices of county com­ of offices of loss and salvage Columbia. mittees. Disbursements on loans will be organizations__1______6497 2H...... Oct. 15,1949 Columbia. 2%...... Sept. 1,1948 Baltimore—loans in Puerto made to producers through approved Civil Aeronautics Board Rico. lending agencies under agreements with Notices: CCC, or by means of sight drafts drawn Inter-American Airways, Inc.; § 70.6 Interest rate on continental on CCC by State committees or by county hearing ------6499 loans and loans made in Puerto Rico committees in accordance with instruc­ tions issued by PMA to the State PMA Commodity Credit Corporation upon the security of Commodity Credit Rules and regulations: Corporation loan documents. The rate committees. Disbursements on loans will be made not later than January 15,1950, Oilseeds; 1949 cottonseed loan of interest on the above loans made on program______6493 and after the dates stated below, by the except where specifically approved by the district banks for cooperatives, shall be appropriate PMA commodity office in Customs Bureau as follows: each instance. Rules and regulations: Appraisement______•_ 6495 The last sentence of § 643.186 is Duties, liquidation______6495 Rate Effective District bank for amended to read as follows: (percent) date cooperatives Defense Department § 643.186 Release of the cottonseed See Army Department. 2H...... Sept. 1,1948 All district banks—except under loan. * * * Partial release of Columbia. the cottonseed prior to maturity of the Farm Credit Administration 2H...... Oct. 15,1949 Columbia. ' Rules and regulations: 2H -. Sept. 1,1948 Baltimore—loans in Puerto loan may be arranged with the county Rico. committee by paying to the holder of the Banks for cooperatives; interest note the amount of the loan, plus charges rate on loans______6493 Provided, however, That the changes and accrued interest, represented by the Federal Communications Com­ m interest rate affecting the Columbia quantity of the cottonseed to be released : mission Bank for Cooperatives shall be effective Provided, however, No partial release Notices: as to all unpaid balances of the foregoing shall include less than the total quantity Hearings, etc.: . „ types of loans specified in § 70.5 and this of cottonseed stored in any single com- Adcock, Til don M., and Star- section that shall be outstanding on Oc­ (Continued on next page) Ion S______6503 6493 6494 RULES AND REGULATIONS

CONTENTS— Continued CONTENTS— Continued Federal Communications Com- Fa£e State Department Pase FEDERAL|pEGISTER mission— Continued Rules and regulations: *«*«rceo’1934 Notices—Continued Visas; documentation of aliens Hearings, etc.—Continued entering U. S.; alien students Keystone Broadcasting Corp. and validity of passports----- 6498 Published daily, except Sundays, Mondays, (WKBO) et al______—_ 6502 and days following official Federal holidays, Mackay Radio and Telegraph Treasury Department by the Division of the Federal Register, the See Customs Bureau. National Archives, pursuant to the authority Co___ ——______6501 contained in the Federal Register Act, ap­ Mount Vernon Broadcasting proved July 26, 1935 (49 Stat. 500, as Co. et al______6499 CODIFICATION GUIDE amended; 44 U. S. C., ch. 8B), under regula­ Peoples Forum of the Air tions prescribed by the Administrative Com­ (KXLJ)______6501 A numerical list of the parts of the Code mittee, approved by the President. Distribu­ of Federal Regulations affected by documents Quinones, Jose Ramon______6501 published in this issue. Proposed rules, as tion is made only by the Superintendent of Radio and Television Broad­ Documents, Government Printing Office, opposed to final actions, are identified as Washington 25, D. C. casting Co. of Idaho. ____ 6502 such. The regulatory material appearing herein Radio Commission of South­ is keyed to the Code of Federal Regulations, ern Baptist Convention and Title 6 PaSe which is published, under 50 titles, pursuant Executive Board of Baptist Chapter I: to section 11 of the Federal Register Act, as General Convention of Part 70_____ 6493 amended June 19, 1937. Texas______6501 Chapter IV: The F ederal R egister will be furnished by R. I. Broadcasting Co. Part 643______6493 mail to subscribers, free of postage, for $1.50 (WRIB)__ .______6500 per month or $15.00 per year, payable in ad­ Title 19 vance. The charge for individual copies Townsend, John, and Nebras­ (minimum 15tf) varies in proportion to the ka Rural Radio Assn_____ 6503 Chapter I: size of the issue. Remit check or money Winston-Salem Broadcasting Part 14___ 6495 order, made payable to the Superintendent Co., Inc. (WTOB) and Part 16____ 6495 of Documents, directly to the Government Ralph D. Epperson Printing Office, Washington 25, D. C. (WPAQ>______6503 Title 20 There are no restrictions on the republica­ Chapter III: tion of material appearing in the F ederal Federal Security Agency Part 403— ______6496 R egister. See Social Security Administration. Title 22 Housing Expediter, Office of Chapter I: Rules and regulations : Part 42_____ 6496 1949 Edition Housing and rooms in rooming houses and other establish­ Title 24 CODE OF FEDERAL ments in North Carolina____ 6496 Chapter VIII: Part 825__ - ______— 6496 REGULATIONS Interior Department See Land Management, Bureau of. Title 28 The following books are now available: Justice Department Chapter I: Part 21______6497 Title 24 ($2.75) Sée also Alien Property, Office of. Rules and regulations : Title 32 Title 25 ($2.75) Fees, witness______6497 Chapter V: Previously announced: Title 3, 1948 Supp. Visas; documentation of aliens Joint procurement regulations_ 6497 ($2.75); Titles 4-5 ($2.25); Title 6 ($3.00); entering U. S. ; alien students Title 7: Parts 1-201 ($4.25); Parts 210- and validity; of passports (.see Title 43 874 ($2.75); Parts 900 to end ($3.50); State Department). Chapter I : Title 8 ($2.75); Title 9 ($2.50); Titles Land Management, Bureau of Part 162 (see table of contents: 10-13 ($2.25); Title 14: Parts 1-399 Land Management, Bureau ($3.50); Parts 400 to end ($2.25); Title Notices : of). 15 ($2.50); Title 16 ($3.50); Title 17 Oregon; modification of grazing Appendix (Public land orders) : ($2.75); Title 18 ($2.75); Title 19 ($3.25); districts-______6498 612 ______6498 Title 20 ($2.75); Title 21 ($2.50); Titles Rules and regulations : 613______6498 22-23 ($2.25) Arizona; transfer of lands from Kaibab National Forest to Order from Superintendent of Documents, Coconino National Forest___ 6498 Government Printing Office, Washington California; withdrawing public mingled mass unless the appropriate 25, D. C. lands for use of Department State committee determines that releases of the Air Force______6498 of portions of such masses should be made. Securities and Exchange Com­ CONTENTS— Continued mission (Sec. 4 (d), Pub. Law 806, 80th Cong., Notices : Interpret or apply sec. 5 (a), Pub. Law Federal Communications Com- Pa^e Hearings, etc.: 806, 80th Cong., sec. 1, (d), Pub. Law mission— Continued Cliffs Corp______6506 897, 80th Cong.) Notices—Continued Duquesne Light Co______6505 Issued this 20th day of October 1949. Hearings, etc.—Continued Florida Power & Light Co----- 6505 Belleville News-Democrat and Mortgage Bank of Venetian [seal] H arold K. H ill, On the Air, Inc. (WTMV)_ 6504 Provinces______6504 Acting Manager, Commercial Pacific Cable Co_ 6501 New England Electric System- 6505 Commodity Credit Corporation. Glens Falls Publicity Corp. Texas Electric Service Co___ 6504 (WGLN) and WEIM Fitch­ Approved: Social Security Administration burg, Inc______6500 F. K. W oolley, Grand Haven Broadcasting Rules and regulations: 1H op PrpsnApn t. Co. and Greater Muskegon Federal old-age and survivors Commodity Credit Corporation. Broadcasters, Inc. (WMUS) _ 6501 insurance; reopening of de­ Home News Publishing Co. terminations and decisions; [F. R. Doc. 49-8543; Filed, Oct. 24, 1949; et al______6500 correction______6496 8:55 a. m.] Tuesday, O ctober 25, 1949 FEDERAL REGISTER 6495

TITLE 19— CUSTOMS DUTIES of exchange for the currency of any coun­ (5) If the appraiser or collector has try, those rates will be published. There­ credible information that a rate or com­ Chapter I— Bureau of Customs, after when the appraiser and collector bination of rates not applicable to pay­ Department of the Treasury are in possession of sufficient information ment for the merchandise was required or to apply the instructions in this section, permitted in payment of costs, charges, [T. D. 52328] they shall proceed, respectively, with the or expenses, the currency conversions for appraisement and liquidation in the pase the exchange covering payment for th t P art 14—Appraisement of any importation of merchandise ex­ merchandise and for the exchange cov­ P art 16—Liquidation of D uties ported on a date for which the Federal ering such costs, charges, or expenses INSTRUCTIONS FOR CONVERSION OF FOREIGN Reserve Bank of New York certifies such shall be calculated separately. If the CURRENCIES IN CASES WHERE MULTIPLE multiple rates, according to the follow­ costs, charges, or expenses are dutiable, RATES OF EXCHANGE ARE CERTIFIED BY THE ing procedure: they shall be calculated according to the FEDERAL RESERVE BANK OF NEW YORK (1) Except as prescribed in this sec­ rules stated above in this section, and in tion, no rate of exchange shall be used the event that any rate uniformly appli­ 1. Section 14.3 (j) of the Customs Reg­ for customs purposes under this section cable to payment of dutiable costs, ulations of 1943 (19 CPR 14.3 (j)), as other than a rate or rates certified by charges, or expenses for merchandise of amended, is hereby further amended to the Federal Reserve Bank of New York. the type involved was a rate not certified read as follows: If there is a proclaimed value of the cur­ by the Federal Reserve Bank, appraise­ § 14.3 Appraisement of merchandise; rency involved which varies by less than ment shall be withheld and liquidation determination of value. * * * 5 per cent from any certified rate other­ suspended. In deducting non-dutiable (j) Instructions for appraisement of wise applicable, such proclaimed value costs, charges, or expenses, the foreign merchandise in cases involving the con­ shall be used in lieu of such certified exchange shall be at the rate or rates version of foreign currencies for which rate. - . actually used in payment of such costs, two or more rates of exchange have been (2) The appraiser shall designate in charges, or expenses, whether or not certified by the Federal Reserve Bank of his report to the collector the class or certified by the Federal Reserve Bank. New York are contained in § 16.4 of this classes of the multiple-rate currency in (e) Whenever appraisement is with­ chapter, which appraisement is made, by using held or liquidation suspended, under par­ the terms applied to that currency by the agraph (d) (4) and (5), a detailed report (Sec. 402, 46 Stat. 708, as amended, secs. Federal Reserve Bank of New York. If shall be transmitted immediately to the 488, 500, 624, 46 Stat. 725, 729, 759; 19 two or more classes of the currency are Bureau of Customs. U. S. C. 1402, 1488, 1500, 1624) designated, the percentage of each shall 2. Section 16.4 of the Customs Regu­ be clearly indicated. (R. S. 251, secs. 505, 624, 46 Stat. 732, 759, lations of 1943 (19 CFR 16.4), as (3) For all purposes of appraisement sec. 522, 46 Stat. 739; 19 U. S. C. 66, 1505, amended, is hereby further amended by and assessment of duties, any value ex­ 1624, 31 U. S. C. 372) deleting the present paragraph (c), as pressed in a currency for which two or The instructions for the conversion of amended, and by adding paragraphs (c), more rates have been certified shall be certain foreign currencies listed in the (d), and (e), as follows: considered to consist of the class of that deleted paragraph (c) of § 16.4 are currency, designated by the Federal Re­ § 16.4 Conversion of currency. * * * superseded by the foregoing amend­ serve Bank of New York, which the ap­ ments, but in carrying out the provisions (c) Whenever the Federal Reserve praiser or collector is satisfied, from Bank of New York advises that its cer­ of those amendments, customs officers information in his owh files, information shall avail themselves of pertinent and tification of rates for a currency is being obtained and presented to him by the suspended pending determination of the up-to-date information set forth in those importer, or information obtained from Treasury decisions. question whether it will certify multiple other sources, is uniformly applicable rates for that currency, the customs field Notice of the proposed issuance of the under the laws and regulations of the foregoing instructions was published in officers will be so informed. In any case country of exportation to the particular where for the purpose of the assessment the F ederal R egister on September 7, class of commodity on the date of ex­ 1949 (14 F. R. 5511), pursuant to section and collection of duties it is necessary to portation. In cases where two or more determine the proper rate or rates for classes of a currency are uniformly ap­ 4 of the Administrative Procedure Act (5 that currency for a date during the pe­ plicable on a percentage basis, any value U. S. C. 1003). The basis of the instruc­ riod of suspension of certification by the expressed in such currency shall be con­ tions is section 522 of the Tariff Act of Federal Reserve Bank, appraisement sidered to consist of each of such classes 1930 (31 U. S. C. 372) as construed by shall be withheld and liquidation sus­ for the percentage'to which it is appli­ the courts, and their purpose is to pro­ pended. When certification is resumed cable, and the rate or rates certified by vide instructions for applying multiple by the Bank, the rate or rates certified the Federal Reserve Bank of New York rates of exchange certified by the Fed­ will'be published either in the Treasury for the class or classes of currency in eral Reserve Bank of New York for cur­ Decisions or in Customs Information Ex­ which such value has been established change circulars. Currency information rency conversion for the assessment and shall be used. The percentages shall be collection of customs duties. These in­ received from the Bank, or otherwise those which reflect realistically the per­ available, which might be helpful in centage of each class of currency uni­ structions shall be effective on the date calculating estimated duties and in formly applicable under the laws and of publication in the F ederal R egister, appraisement and liquidation will be fur­ regulations of the country of exportation the delayed effective date requirements nished to the customs field officers. For to the particular class of commodity on of section 4 (c) of the Administrative purposes of calculating estimated duties the date of exportation. Procedure Act being dispensed with be­ where multiple rates have been certified (4) If the appraiser or collector has cause the instructions relate to action to by the Bank, the collector shall use the credible information that the rate or be taken by customs officers and, al­ rate or rates appearing to be applicable combination of rates which would other­ though affecting rights of interested per­ under the instructions in this section to wise be applicable under subparagraph the type of merchandise involved; and sons, do not require any action to be (3) of this paragraph was not required taken by such persons. when it is not yet known what certified or permitted, as the case may be, under rate or rates are applicable or no rate the laws and regulations of the country of [seal] F rank D o w , has been certified, he shall use the high­ exportation to be used uniformly during Commissioner of Customs. est rate or combination of rates (i. e„ any period in connection with the pay­ the rate or combination of rates showing ment for all merchandise of the type Approved: October 18, 1949. the highest amount of United States involved, appraisement shall be withheld money), certified or uncertified as the and liquidation shall be suspended as to J ohn S. G raham, case may be, which could be applicable. all merchandise of the type involved ex­ Acting Secretary of the Treasury. (d) When the Federal Reserve Bank ported to the United States during the [P. R. Doc. 49-8569; Piled, Oct. 24, 1949} of New York certifies two or more rates period involved.. 8:59 a. m.] 6496 RULES AND REGULATIONS

TITLE 20— EMPLOYEES’ as specified in paragraph (a) of this into the United States, which is to be de­ section. The alien shall be required, in termined by the Immigration and Nat­ BENEFITS connection therewith, to submit satisfac­ uralization Service, cannot exceed six Chapter III— Bureau of Old Age and tory evidence showing that arrangements months in the case of a section 3 (2) have been made for his employment in temporary visitor, sixty days in the case Survivors Insurance, Social Security the United States, a copy of which evi-. of a section 3 (3) alien in transit, or Administration, Federal Security dence shall be appended to the visa form one year in the case of a nonquota section Agency and appropriate remarks concerning the 4 (e) student. However, such period in [Regs. 3, Amdt.] , intended employment shall be noted on an individual case may be shorter as, in Form 256 (a) and (b). (An applicant any event, it will not extend beyond a P art 403—F ederal O ld-Age and for a visa under section 4 (e) of the act date sixty days prior to the end of the S urvivors I nsurance should be advised that if he desires to period during which the alien’s passport REOPENING OF DETERMINATIONS AND accept employment subsequent to his ad­ is valid for return to his home country DECISIONS mission into the United States, applica­ or for his entry into some other foreign tion for permission to do so must first country. The consular officer shall Correction be made to the District Director of the further inform each such alien that fail­ In Federal Register Document 49-8151, Immigration and Naturalization Service ure to have his passport renewed for a appearing at page 6170 of the issue for within whose district is located the insti­ period extending sixty days beyond the Wednesday, October 12, 1949, the word tution of learning which he is attending.) expiration of the period for whch he may “such” should be inserted before the (c) A student applying for a nonquota properly seek entry, may result in con­ word “determination” in line 3, para­ immigration visa under the provisions of siderable delay and inconvenience-upon graph (5) (a) .Oil). section 4 (e)' of the act shall have suffi­ applying for admission into the United cient scholastic preparation and knowl­ States. edge of the English language to enable TITLE 22— FOREIGN RELATIONS him to undertake a full course of study This order shall become effective upon publication in the F ederal R egister. in the institution of learning designated Chapter I— Department of State Compliance with the provisions of sec­ by him and approved -by the Attorney tion 4 of the Administrative Procedure [Dept. Reg. 108.95] General. However, a bona fide student Act (60 Stat. 238, 5 U. S, C. 1003) rela­ whose knowledge of the English language art isa s ocumentation of tive to notice of proposed rule making P 42—V : D is insufficient to enable him to pursue a Aliens E ntering the United S tates and delayed effective date is unnecessary course of study in that language may be because the regulations contained in ALIEN STUDENTS AND VALIDITY OF PASSPORTS issued a nonquota immigration visa this order involve foreign-affairs func­ The following amendments to Part 42, under the provisions of section 4 (e) of tions of the United States. Chapter I, Title 22, Code of Federal Reg­ the act: Provided, That the approved ulations, are hereby, prescribed: school is prepared and equipped to offer, (Sec. 24, 43 Stat. 166; 8 U. S. C. 222; sec. 1. Section 42.228 is hereby amended to and has accepted the applicant for, a 37 (a), 54 Stat. 675; 8 U. S. C. 458 (a); read as follows: full course of study in a language with interprets and applies sec. 4 (e), 43 Stat. which he is sufficiently familiar. An alien 155; 8 U. S. C. 204; E. O. 8766, June 3, § 42.228 Evidence of non-quota stu­ who intends to study the English lan­ 1941, 3 CFR, 1941 Supp.) dent status, (a) The application of a guage exclusively while in the United bona fide student under section 4 (e) of States or until such time as he is able to [seal] D ean Acheson, the act may be considered by a consular carry a regular-prescribed course, may Secretary of State. officer when the student presents evi­ be issued a nonquota immigration visa O ctober 20, 1949. dence establishing (1) that he has been under the provisions of section 4 (e) of accepted by an institution of learning the act: Provided, That he is otherwise Recommended, so far as the provisions approved by the Attorney General; (2) eligible to receive such a visa: And pro­ of the Immigration Act of 1924 and the that he seeks to enter the United States vided further, That the approved school Alien Registration Act 1940, are con­ solely for the purpose of pursuing a defi­ is prepared and equipped to offer, and cerned : nite course of study consisting of a min­ has accepted the applicant for, a definite imum of 12 semester hours or the equiv- i J. H oward M cG rath, course of study in the English language, Attorney General. alent thereof, if proceeding to the United equivalent in hours and credits to a reg­ States as an undergraduate student, or ular-prescribed course as specified in S eptember 26,1949. consisting of a full program of study as paragraph (a) of this section. In all [P. R. Doc. 49-8544; Piled, Oct. 24, 1949; required in individual cases by the ap­ cases wherein special arrangements have 8:55 a. m.] proved institution if proceeding to the been made with the approved school for United States as a graduate student; (3) the acceptance of a student who lacks an that he intends to leave the United adequate knowledge of the English lan­ TITLE 24— HOUSING AND States and will be able to enter some guage, or who intends to enter the United foreign country when his studies are States solely for the purpose of studying HOUSING CREDIT completed. In all such cases, a copy of the English language, a copy of the let­ Chapter VIII— Office of Housing the letter of acceptance from the ap­ ter from the school setting forth such proved institution of iearning to which special arrangements shall be appended Expediter the alien is destined shall be attached to the visa form. P art 825—R ent R egulations U nder the to the visa form. 2. Section 42.379 is hereby amended to H ousing and R ent Act of 1947, as (b) A student applying for a nonquota Amended immigration visa under the provisions of read as follows: section 4 (e) of the act shall establish § 42.379 Required validity of pass­ NORTH CAROLINA that he is in possession of sufficient funds ports or travel documents of temporary Correction to the Controlled Housing to cover his expenses or that adequate visitors, transit aliens, and nonquota Rent Regulation and the Rent Regula­ financial arrangements have been made students. An alien seeking to enter tion for Controlled Rooms in Rooming to provide for his expenses. If "a section the United States as a nonimmigrant Houses and Other Establishments. 4 (e) student has insufficient means to under section 3 (2) or 3 (3), or as Item 5 and 7 of Amendment 177 to the cover his necessary expenses, he may .be a nonquota immigrant under section 4 permitted to accept employment in the Controlled Housing Rent Regulation United States, subject to discretionary (e), of the act, in whose case the pass­ (§§ 825.1 to 825.12) 1 and of Amendment approval of the employment arrange­ port requirement has not been waived, 175 to the Rent Regulation for Controlled ments by the Immigration and Naturali­ shall be required to present an unexpired Rooms in Rooming Houses and Other zation Service upon applying for admis­ passport as that term is defined in Establishments (§§ 825.81 to 825.92),* sion into the United States: Provided, §42.101 (e). The consular officer shall issued October 6, 1949, and effective That such employment will not interfere inform each such alien that the initial with his pursuit of a full course of study period for which he may seek admission 114 F. R. 6129. Tuesday, October 25, 1949 FEDERAL REGISTER 6497 October 7, 1949, are corrected to read thority vested in me by section 25, Title witnesses who are allowed the $5 per as follows: 48, U. S. C., and section 429 of the Com­ diem for subsistence attended court at piled Laws of Alaska (1933), the fees of points so far removed from their respec­ 5. Schedule A, Item 216, is amended to witnesses in the District of Alaska are tive residences as to prohibit return describe the counties in the Defense- hereby fixed as follows: thereto from day to day. Form 791-Rev., Rental Area as follows: should be used, and attached to the re­ In Lenoir County, the Cities of Kingston capitulation sheet, Form 1064. and La Grange; in Wayne County, the Town­ All witnesses should be fully advised ship of Goldsboro, including the City of in advance of travel, as to the allowances Goldsboro; and in Wilson County, the City Witnesses to which they are entitled incident of Wilson. 3 fl.2 thereto. (Sec. 30, 31 Stat. 332; 48 U. S. C. This decontrols the entire Goldsboro, I * 10 25) North Carolina, Defense-Rental Area, This order shall become effective on except the cities and township specified For attendance on the District Court or the date of its publication in the F ederal before any officer pursuant to law, in­ above. cluding a commissioner acting in any R egister. Compliance with the provi­ 7. Schedule A, Item 221a, is amended capacity authorized by law, and for the sions of section 4 of the Administrative time necessarily occupied in traveling to describe the counties in the Defense- from their residences and returning from Procedure Act (60 Stat. 238; 5 U. S. C. Rental Area as follows: the place of trial or hearing, per day____ $4.00 $4.00 1003) with respect to notice of proposed In addition to the above, witnesses (other In Edgecombe County, the City of Tarboro than salaried employees of the Govern­ rule making and delayed effective date and No. 12 Township; and in Nash County, ment and detained and actual expense is impracticable in that the act of Octo­ the Townships of Rocky Mount and Stoney witnesses) who attend court or before a ber 5,1949, Public Law 319, 81st Congress, United States commissioner at points so Creek. far removed from their respective resi­ was designed to permit allowance of rates dences as to prohibit return thereto from of per diem in lieu of subsistence for gov­ This decontrols the entire Rocky day to day, shall, when this fact is certi­ Mount, North Carolina, Defense-Rental fied to in the certificate of the United ernment employee witnesses more nearly States attorney or order of the commis­ equal to rates when on official travel. Area, except the City of Tarboro, and sioner for payment, be entitled to a per Rocky Mount, Stoney Creek and No. 12 diem of $5 for expenses of subsistence for The fees and mileage for witnesses in Townships, North Carolina. each day of attendance and for each day Alaska should be changed at the earliest necessarily occupied in traveling to practicable date to conform to the rates attend court and return home...... 5.00 5.00 (Sec. 204 (d), 61 Stat. 197, as amended The per diem allowance for subsistence as fixed for witnesses generally in the act by 62 Stat. 37, 94, Pub. .Law 31, 81st authorized above is payable only under of May 10, 1949, Public Law 59, 81st Cong.; 50 U. S. C. App. 1894 (d)) the circumstances outlined. When the witness does In fact return to his resi­ Congress. This correction shall be effective as dence the same day he is not entitled to J. H oward M cG rath, the $5 subsistence per diem. of October 7,1949. When a witness is detained in prison for Attorney General. want of security for his appearance he Issued this 20th day of October 1949. shall be entitled to receive, in addition October 19, 1949. to his subsistence, a compensation, for J. W alter W h ite, each day, of..______L00' 1.00 [P. R. Doc. 49-8559; Piled, Oct. 24, 1949; Acting Housing Expediter. For the distance actually and necessarily 9:04 a. m.] traveled from their residences in going to [F. R. Doc. 40-8523; Piled, Oct. 24, 1949; and returning from the place of trial or hearing (except travel by air), per mile— .10 .15 8:50 a. ip-] Travel by air, per mile...... 18 .22 Prodded, That all travel in other Judicial TITLE 32— NATIONAL DEFENSE districts and for all sea travel, except from one point to another in Alaska and Chapter V— Department of the Army TITLE 28— JUDICIAL ADMIN­ within Alaska waters, witnesses before the district court, commissioners, or J oint P rocurement R egulations ISTRATION otherwise, shall, be entitled to only 7 cents per mile for the distance actually NUMBERED CONTRACTS; LIST OF OFFICES OF Chapter I— Department of Justice and necessarily traveled from their resi­ dences in going, and returning from the LOSS AND SALVAGE ORGANIZATIONS P art 21— W itness F ees place of trial or hearing (except travel by air, per mile...... 07 .07 The Joint Procurement Regulations, Sec. Travel by air, per mile...... 10 .10 formerly published as Parts 801 to 813 21.1 Officers and employees of the United Provided further, That any witness (not a Government employee) before the dis­ of Chapter VIII, Title 10, are amended by States summoned as witnesses. trict court, a commissioner, or otherwise, changing § 805.303-2 (a> and § 806.802 21.2 Witnesses at administrative hearings. may elect to receive his actual expenses as follows: 21.3 Pees of witnesses in district courts of of travel and subsistence, necessary to Alaska. ordinary convenience and comfort, in lieu of all mileage, per diems while travel­ § 805.303-2 Numbered contracts. Sub­ § 21.1 Officers and employees of the ing, and per diems for subsistence while ject to such special instructions as may necessarily absent from the place of resi­ be issued by the chief of the procuring United States summoned as witnesses. dence Officers and employees of the United Provided further, That such witnesses shall service concerned, numbered contracts be allowed only the attendance fee cover­ will be distributed as follows: States summoned as witnesses for the ing the period of their actual attendance government before any United States at the place of trial or hearing, in addi­ (a) The original signed number of each tion to actual expenses of travel and sub­ lump sum (fixed price) contract will be court or United States commissioner shall sistence as above provided. Actual sub­ be entitled to necessary expenses inci­ sistence expenses, other than for single forwarded to the General Accounting'Of­ meals, should be supported by receipts, fice, Army Audit Branch, Building 203, dent to travel by common carrier and, if practicable. Form 1012, Rev. should if travel is made by privately owned be used for vouchering such expenses. 4300 Goodfellow Boulevard, St. Louis, This form should show the title of the 20, Missouri. The original signed num­ automobile,-mileage at the rate of 7 cents case, and whether witness appeared be­ per mile, together with $9 per diem in fore the court, commissioner, grand jury, ber of each cost or cost-plus-fixed-fee lieu of subsistence to be paid under the or otherwise. contract will be forwarded to the Gen­ Government employees who attend as eral Accounting Office, Washington 25, provisions of the Standardized Govern­ witnesses for the United States before ment Travel Regulations. (62 Stat. 950; the district court, a commissioner, or D. C., Attention: Contract Service Sec­ otherwise, are allowed actual expenses tion, Audit Division. If a surety bond 28 U. S. C. Supp. 1823) of transportation, or, if travel is by pri­ vately owned automobile, a rate of 7 or bonds were required in support of a § 21.2 Witnesses at administrative cents per mile for the use thereof, plus contract, whether lump sum or cost-plus- hearings. Whenever a department is au­ a per diem in lieu of subsistence of $9, under the provisions of the Government fixed-fee, see § 806.201-2 (a) of this chap­ thorized to hold hearings and to sub­ Travel Regulations (28 XT. S. C. 1823). poena witnesses, the witnesses shall be Form 1012, Rev. should be used itf ter. When the contract covers purchases entitled to the same fees and mileage, or vouchering such expenses. made for one or more of the military expenses in the case of government offi­ departments of the Department of De­ cers and employees, as provided by law Payment to court witnesses may be fense, with payment to be made by the for witnesses attending in the United made upon the certificate of attendance military department or military depart­ States courts. (Sec. 10, 60 Stat. 809; 48 of the United States attorney, assistant ments receiving the supplies or services, U. S. C. 95a) United States attorney or attorney in there also will be forwarded with the § 21.3 Fees of witnesses in district charge of the case. This certificate original signed number additional certi­ courts of Alaska. Pursuant to the au­ should also certify as to the fact that the fied or photostatic exact copies of the 6498 RULES AND REGULATIONS

contract in a number equal to the num­ G ila and Salt R iver Meridian [Public Land Order 613] ber of receiving military departments. T. 22 N., R. 5 E., ***** Secs. 1 to 4, inclusive; California § 806.802 List of offices of loss and Secs. 9 to 16, inclusive; Secs. 22 to 27, inclusive; WITHDRAWING PUBLIC LANDS FOR USE OF THE salvage organizations (see § 806.500-1). Sec. 34, N%; DEPARTMENT OF THÉ AIR FORCE General Adjustment Bureau, Inc_____FCAB Sec. 35, Ni/2 and SE]4; Western Adjustment & Inspection Co_. WAIC Sec. 36. By virtue of the authority vested in the Underwriters Adjusting Co______UAC T. 23 N., R. 5 E., President and pursuant to Executive ***** Secs. 1 and 2; Order No. 9337 of April 24, 1943, it is Secs. 11 to 14, inclusive; [Proc. Cir. 25, Oct. 5, 1949] (62 Stat. 21; Secs. 23 to 26, inclusive; ordered as follows: 41 U. S. C. 151-161) Secs. 34, 35 and 36. Subject to valid existing rights, the [seal] E dward P. W itsell, T. 24 N., R. 5 E., Secs. 1, 2, and 3; following-described public lands in Cali­ Major General, fornia aVe hereby withdrawn from all The Adjutant General. Secs. 10 to 15, inclusive; Secs. 23" to 26, inclusive; forms of appropriation under the public- [F. R. Doc. 49-8522; Filed, Oct. 24, 1949; Secs. 35 and 36. 8:49 a. m.] T. 25 N., R. 5 E., land laws, including the mining and min­ Secs. 1 to 4, inclusive; eral-leasing laws, and reserved for the Secs. 9 to 16, inclusive; Secs. 20 to 29, inclusive; use of the Department of the Air Force TITLE 43— PUBLIC LANDS: Secs. 32 to 36, inclusive. in connection with an air force base : INTERIOR T. 22 N., R. 6 E., Secs. 3 to 10, inclusive; San B ernardino Meridian Chapter I— Bureau of Land Manage­ Secs. 15 to 21, inclusive; T. 10 N., R. 9 W., ment, Department of the Interior Sec. 22, Ni/2: Secs. 28 to 33, inclusive. Sec. 30, lot 1 of NW14, Ni/2 of lot 2 of NW&, Appendix— Public Land Orders T. 23 N., R. 6 E., NE 14, N y2 SE and S E ^ S E ^ . T. 9 N., R. 11 W., [Public Land Order 612] Secs. 4 to 9, inclusive; Secs. 16 to 21, inclusive; Sec. 18, Ni/2 of lot 1 of NW1/4, Ni/2 of lot 2 Arizona Secs. 28 to 34, inclusive. of NWV4, and Ny2 NE 14. T. 24 N., R. 6 E., transfer of lands from the kaibab Secs. 4 to 9, inclusive; The areas described aggregate 564.46 NATIONAL FOREST TO THE COCONINO Secs. 16 to 21, inclusive; NATIONAL FOREST Secs. 28 to 33, inclusive. acres. By virtue of the authority vested in the It is intended that the lands above de­ It is not intended by this order to give scribed shall be returned to the adminis­ President by the act of June 4, 1897, 30 a national-forest status to any publicly Stat. 11, 36 (U. S. C. title 16, sec. 473), owned lands which have not,hitherto had tration of the Department of the Interior and pursuant to Executive Order No. such a status or to change the status of when they are no longer needed for the 9337 of April 24, 1943, and upon the any publicly owned lands which have purpose for which they are reserved. recommendation of the Under Secretary hitherto had national-forest status. of Agriculture, it is ordered as follows: O scar L. Chapman, The following-described lands within .Oscar L. Chapman, Acting Secretary of the interior. the exterior boundaries of the Kaibab Acting Secretary of the Interior. National Forest are hereby transferred O ctober 19, 1949. O ctober 19, 1949. to the Coconino National Forest, effective [F. R. Doc. 49-8508; Filed, Oct. 24, 1949; [F. R. Doc. 49-8509; Filed, Oct. 24, 1949; January 1, 1950: 8:45 a. m.] 8:45 a. m.]

NOTICES

DEPARTMENT OF THE INTERIOR T. 25 S., R. 13 E., T. 24 S., R. 14 E., Secs. 1, 2, and 3; Sec. 1; Bureau of Land Management Sec. 9, Ey2; Sec. 2, Ey2; Secs. 10 to 16 inclusive; Sec. 10, sy2 ; M odification of Oregon G razing Sec. 17, SEi/4; Secs. 11 to 16 inclusive; , D istricts Sec. 20, E y2; Secs.*0 to 36 inclusive. Secs. 21 to 28 inclusive; Tps. 25 to 28 S., R. 14 E. DISTRICT NO. 1, AMENDMENT lj DISTRICT Sec. 29, E y2 and SW ^; T. 29 S., R.T4 E„ NO 2, AMENDMENT 1 Secs. 32 to 36 inclusive. Secs. 1 to 12 inclusive; T. 26 S., R. 13 E., O ctober 19, 1949. Sec. 13, Ny2 and Ny2SW^; Secs. 1, 2, 3, and 4; Sec. 14; Under and pursuant to the authority Secs. 9 to 16 inclusive; Sec. 15, Ny2 and SE14; vested in the Secretary of the Interior Secs. 21 to 28 inclusive, and secs. 33 to 36 Sec. 16, Ny2 ; by the Act of June 28, 1934 (48 Stat. inclusive. Sec. 17, Ny2; 1269, 43 U. S. C. 315 et seq.) as amended, T. 27 S., R. 13 E., Sec. 18, Ny2. known as the Taylor Grazing Act, and Secs. 1 to 4 inclusive, and secs. 9 to 16 T. 23 S., R. 15 E., in accordance with 43 CFR 4.275 (a) inclusive; Secs. 31 to 34 inclusive. (80) (iv), 13 F. R. 5181, the following- Sec. 22, EV2; Tps. 24 to 28 S., R. 15 E. Secs. 23 to 26 inclusive; T. 29 S., R. 15 E., described lands are excluded from Ore­ Sec. 27, EV£; Secs. 3 to 17 inclusive; gon Grazing District No. 2, as heretofore Secs. 33 to 36 inclusive. Sec. 18, Ny2 and SE^'; established and modified (Mise. 1609045), T. 28 S., R. 13 E., Secs. 21 to 28 Inclusive. and added to Oregon Grazing District Secs. 1 to 17 inclusive; T. 23 S., R. 16 E., No. 1, as heretofore established and Secs. 20 to 36 inclusive. Secs. 1 and 2; modified (Mise. 1597977) : T. 29 S., R. 13 E., Sec. 3, NE [4, Ey2NW»4, NW ^NW ^, Secs. 1 to 13 inclusive; Ny2swi4Nwi4; Ny2NEy4swy4; WILLAMETTE MERIDIAN Sec. 14, Ei/2 and NW ^; Secs. 11 to 14 inclusive; T. 28 S., R. 12 E., Sec. 15, N%; Secs. 23 to 27 inclusive; Sec. 36. Sec. 16, Ni/2; Secs. 34 to 36 inclusive. T. 29 S., R. 12 E., Sec. 17; Tps. 24 to 28 S., R. 16 E. Sec. 1 . Sec. 18, Ey2. T. 29 S., R. 16 E., T. 24 S., R. 13 E., T. 23 S., R. 14 E., Secs. 1 to 4 inclusive; Secs. 35 and 36. Sec. 36. Secs. 7 to 30 inclusive; Tuesday, O ctober 25, 1949 FEDERAL REGISTER 6499

Sec. 35, N% and S E ^; T. 39 S., R. 22 E., T. 39 S., R. 31 E., Sec. 36. Secs. 1 to 4 Inclusive; Secs. 6, 7, 18, and 19; T. 30 S., R. 16 E., * Secs. 9 to 16 inclusive; Secs. 27 to 34 inclusive. Sec. 1; Secs. 22 to 27 inclusive; T. 40 S., R. 31 E., Sec. 2, Ey2 ; Secs. 34 to 36 inclusive. Sec. 1, wy2; Sec. 11, Ey2; T. 40 S., R. 22 E., Secs.-2 to 11 inclusive; Secs. 12 and 13; Secs. 1 to 4 inclusive; Sec. 12, Wy2; Sec. 14, Ey2", Sec. 5, Ey2\ Sec. 13, Wy2; Secs. 23, 24, 25, and 26; Sec. 8, Ei/2 and SW ^; Secs. 14 to 23 inclusive; Sec. 27, S E ^; Secs. 9 to 16 inclusive; Sec. 24, wy2; Sec. 34, Ey2; Sec. 17, Ey2, NW1/4, NWS4SWi4, and E% Sec. 25, Wy2 ; Sec. 35. SWi/4; Secs. 26 to 34 inclusive. T. 31 S., R. 16 E., Sec. 20, Ey2; T. 41 S., R. 31 E., Secs. 2, 3, 10, 11, 14, 15, 22, 23, 26, 27, 34, Secs. 21 to 26 inclusive; Secs. 3 to 10 inclusive; and 35. Sec. 28; Secs. 15 to 22 inclusive. T. 32 S., R. 16E., Sec. 29, N ^N E ^J Secs. 2, 11, 14, 23, 24, and 25; Secs. 35 and 36. The unsurveyed bed of Goose Lake In­ Sec. 26, Ey2; T. 41 S., R., 22 E., cluded in Ts. 40 and 41 S., Rs. 19 and 20 Sec. 36. Secs. 1, 12, 13, and 24. E., W. M., Oregon, is hereby eliminated Tps. 23 S. to 32 S., R. 17 E. T. 27 S., R. 23 E., from Oregon Grazing District No. 2. T. 33 S., R. 17 E., Secs. 19 to 36 inclusive. Secs. 1 to 6 inclusive; Tps. 28 S. to 41 S., R. 23 E. R oscoe E. B ell, Secs. 8 to 16 inclusive; T. 27 S., R. 24 E., Associate Director. Sec. 17, Ey2; Secs. 19 to 36 inclusive. Sec. 23, N%! Tps. 28 S. to 41 S., R. 24 E. [F. R. Doc. 49-8510; Filed, Oct. 24, 1949; Sec. 24, Ny2. T. 27 S., R. 25 E., 8:45 a. xn.] Tps. 23 S. to 32 ß., R. 18 E. Secs. 19, 20, and 21: T. 33 S., R. 18 E., Secs. 28 to 33 inclusive. Secs. 1 to 29 inclusive; Tps. 28 S. to 34 S., R. 25 E. CIVIL AERONAUTICS BOARD Secs. 32 to 36 inclusive. T. 35 S., R. 25 E., T. 34 S., R. 18 E., Sec. 1, Wi/2; [Docket No. SR-2-269] Secs. 1 to 4 inclusive. Secs. 2 to 10 inclusive; I nter-American Airways, I nc. Tps. 23 S. to 34 S., R. 19 E. Sec. 16, wy2; T. 35 S., R. 19 E., Secs. 17, 18, and 19; NOTICE OP ORAL ARGUMENT Secs. 1 to 5 inclusive; Sec. 20, wy2; In the matter of D. W. Rentzel, Admin­ Sec. 6, Ei/2; Sec. 29, wy2; Secs. 8 to 16 inclusive; Secs. 30 and 31; istrator of Civil Aeronautics, complain­ Sec. 17, Ei/2 ; sec. 32, wy2. . ant, vs. Inter-American Airways, Inc., Secs. 22 to 26 inclusive; T. 36 S., R. 25 E., respondent. Sec. 27, Ey2; Secs. 6 and 7. Notice is hereby given, pursuant to the Sec. 34, NE14; Tps. 38 S. to 41 S., R. 25 E. Civil Aeronautics Act of 1938, as amend­ Secs. 35 and 36. T. 28 S., R. 26 E., ed, particularly section 1004 (a) of said T. 36 S., R. 19 E., Secs. 6, 7,18,19, 30, and 31. act, that oral argument in this case is Sec. 1; T. 29 S„ R. 26 E., assigned to be heard November 10, 1949, Sec. 2, Ni/2 and SEJ4; Secs. 6 to 36 inclusive. Sec. 11, NE&; Tps. 30 S. to 32 S., R. 26 E. at 10:00 a. m., in Room 5042, Commerce Sec. 12. T. 33 S., R. 26 E„ Building, 14th Street and Constitution T. 23 S., R. 20 E., Secs. 1 to 24 inclusive; Avenue NW„ Washington, D. C., before Secs. 31 to 36 inclusive. Sec. 25, Ny2; the Board. Tps. 24 S. to 35 S., R. 20 E. Secs. 26 to 34 inclusive; T. 36 S., R. 20 K, Sec. 35, Ny2. Dated at Washington, D. C., October Secs. 1 to 18 inclusive. T. 34 S., R. 26 E., 19, 1949. T. 24 S., R. 21 E., Secs. 3 to 9 inclusive; By the Civil Aeronautics Board. Secs. 3 to 10 inclusive; Sec. 10, wy2; Secs. 15 to 36 inclusive. Sec. 16, W%; [seal] M. C. M ulligan, Tps. 25 S. to 35 S., R. 21 E. Secs. 17 to 19 inclusive; Secretary. T. 36 S., R. 21 E., Sec. 20, Wy2; Secs. 1 to 18 inclusive; Sec. 30. [F. R. Doc. 49-8518; Filed, Oct. 24, 1949; Sec. 19, Ny2; Tps. 38 S. to 41 S., R. 26 E. 8:48 a. m.] Sec. 20, Ny2; T. 29 S., R. 27 E., Sec. 21, Ny2; Secs. 7 to 36 inclusive. Sec. 22, NW14. Tps. 30 S. to 32 S., R. 27 E. FEDERAL COMMUNICATIONS T. 24 S., R. 22 E„ T. 33 S., R. 27 E., Secs. 30 and 31. Secs. 4 to 8 inclusive; COMMISSION T. 25 S., R. 22 E., Secs. 17, 18, and 19. [Docket Nos. 8021, 8022, 8193, 8590] Secs. 5 to 9 inclusive; Tps. 38 S. to 41 S., R. 27 E. Secs. 16 to 21 inclusive; T. 29 S., R. 28 E., Mount Vernon Broadcasting Co. et al. Secs. 28 to 33 inclusive. Secs. 7 to 36 inclusive. T. 26 S., R. 22 E., Tps. 30 S. to 32 S., R. 28 E. ORDER SCHEDULING ORAL ARGUMENT Tps. 34 S. to 41 S., R. 28 E. Secs. 4 to 9 inclusive; T. 29 S., R. 29 E., In re applications of the Mount Vernon Secs. 15 to 22 inclusive; Secs. 7, 8, and 9; Broadcasting Company, Mount Vernon, Secs, 25 to 36 inclusive. Secs. 16 to 21 inclusive; Ohio, Docket No. 8021, File No. BP-5329; Tps. 27 S. to 35 S., R. 22 E. Secs. 28 to 33 inclusive. Mound Broadcasting Corporation, New­ T. 36 S., R. 22 E„ T. 30 S., R. 29 E., ark, Ohio, Docket No. 8022; File No. BP- Secs. 1 to 18 inclusive; Secs. 4 to 9 inclusive; 5486; Robert M. Beer and Edgar Koehl, a Secs. 21 to 28 inclusive; Secs. 16 to 21 inclusive; Secs. 33 to 36 inclusive. Secs. 28 to 33 Inclusive. partnership, doing business as Beer and T. 37 S., R. 22 E., T. 35 S., R. 29 E., Koehl, Ashland, Ohio, Docket No. 8193, Secs. 1 to 4 inclusive; Secs. 25 to 36 inclusive. File No. BP-5851; William A. Hunt and Secs. 9 to 16 inclusive; Tps. 36 S. to 41 S., R. 29 E. Lyle P. Lee, a partnership, doing business Sec. 21, NE%; T. 35 S„ R. 30 E., as The Zanesville Broadcasting Com­ Secs. 22 to 27 inclusive; Secs. 27 to 34 inclusive. pany, Zanesville, Ohio, Docket No. 8590, Secs. 35 and 36. Tps. 36 S. to 41 S., R. 30 E. File No. BP-6355; for construction per­ T. 38 S., R. 22 E., T. 36 S., R. 31 E., Secs. 1, 2, 11, 12, 13, and 14; Secs. 6, 7, 18, 19, 30, and 81. mits. Sec. 15, SE14; T. 37 S., R. 81 E., At a session of the Federal Communi­ Secs. 21 to 28 inclusive; Secs. 6, 7, 18, 19, 30, and 81. . cations Commission held at its offices in Sec. 29, E%; T. 38 S., R. 31 E., Washington, D. C., on the 14th day of Sscs. 32 to 36 inclusive. Secs. 6, 7, 18, 19, 30, and 31. October 1949; 6500 NOTICES

The Commission having under consid­ Argument No. 1 eration (1) the exceptions to the pro­ posed decision in the above-entitled Docket No. 7814—Bl- New...... Home News Publishing Co., O V 1 ______1230 kc., 250 w. night; proceeding, filed May 31, 1949, by the P-5129. New Brunswick, N. J. 250 w. day unlimited. Mount Vernon Broadcasting Company; (2) the petition to enlarge the record, Argument No. 2 filed May 31, 1949, by the Mount Vernon Broadcasting Company; (3) the excep­ Docket No.: 8217—BP-5889...... WILS...... Lansing Broadcasting Co., C. P. to change fre­ 1320 kc. 1 kw. night; tions and statement in support of the Lansing, Mich. quency, hours of op­ 1 kw. day unlimited. proposed decision, filed May 31, 1949, by eration, power,' in­ stall new transmis­ Radio Voice of Springfield, Inc., licensee sion. of Station WIZE, intervenor; (4) the 7979—B2-P-4920... New...... Central Michigan Radio C. P...... 1320 kc. 1 kw. DA notice of intention to appear and partici­ Corp., Lansing, Mich. night; 1 kw. day unlimited. pate in oral argument filed June 6, 1949 8660—BP-6456...... N ew ..___ Robert M. Cain, Elmer A. C. P...... 1320 kc. 1 kw. night; by Beer and Koehl; (5) the reply to the Pearson, Ray M. Veen- 1 kw. day DA un­ stra, Elmer B. Cain, limited. exceptions of the Mount Vernon Broad­ George S. Norcross, Roy casting Company, filed June 20, 1949, by C. Kelley, a copartnership doing business as Char­ Beer and Koehl; (6) the reply to the ex­ lotte Broadcasting Co., ceptions of the Mount Vernon Broadcast­ Charlotte, Mich. ing Company, filed June 20, 1949, by Radio Voice of Springfield, Inc. (WIZE) ; Adopted: October 14, 1949. ceeding is scheduled for further hearing (7) an opposition to the petition to en­ on the issues previously designated by large the record of the Mount Vernon F ederal Communications the Commission to be held on the 9th Broadcasting Company, filed June 20, Commission, day of November 1949, at Washington, 1949, by Beer and'Koehl; and (8) an [seal] T. J. S lo w ie, Secretary. D. C. before the examiner previously opposition to the petition to enlarge the appointed. record of the Mount Vernon Broadcast­ [F. R. Doc. 49-8530; Filed, Oct. 24, 1949; F ederal Communiçations 8:51 a. m.] ing Company, filed June 20, 1949, by Commission, Radio Voice of Springfield, Inc. (WIZE) ; [seal] T. J.. Slowie, and Secretary. It appearing, that the issues raised in the foregoing petition to enlarge the rec­ [Docket No. 8298] [F. R. Doc. 49-8534; Filed, Oct. 24, 1949; 8:51 a. m.] ord filed by the Mount Vernon Broad­ R. I. B roadcasting Co. (WRIB) casting Company and the oppositions .thereto can best be disposed of after ORDER. SCHEDULING FURTHER HEARING affording oral argument to the parties In re application of R. I. Broadcasting [Docket Nos. 8404, 9471] before the Commission en banc on said Company (WRIB), Providence, Rhode G lens F alls P ublicity Corp. (WGLN) issues, together with oral argument on Island, for modification of construction and WEIM F itchburg, I nc. (WEIM) the exceptions filed in this proceeding; permit; Docket No. 8298, File No. BMP- and that, therefore, the above-described 2479. ORDER CONTINUING HEARING petition and oppositions and exceptions At a session of the Federal Communi­ In re applications of Glens Falls Pub­ should be scheduled for oral argument cations Commission held at its offices in licity Corporation (WGLN), Glens Falls, before the Commission en banc and the Washington, D. C., on the 14th day of New York, for modification of license; parties afforded an opportunity to ad­ October 1949; Docket No. 8404, File No. BML-1247. dress themselves not only to the excep­ The Commission having under consid­ WEIM Fitchburg, Incorporated (WEIM),‘ tions, but also to said petition to enlarge eration a petition filed March 14, 1949 by Fitchburg, Massachusetts, for construc­ the record and oppositions thereto and the above-entitled applicant, requesting tion permit; Docket No. 9471, File No. the'issues raised therein; that its application be granted without BP-7339. Accordingly, it is ordered, That oral delay; and The Commission having under con­ It appearing, that the above-entitled sideration a petition filed on October 6, argument in the above-entitled proceed­ application was designated for hearing 1949, by Glens Falls Publicity Corpora­ ing is scheduled for 10:45 a. m., on the on specified issues; that a hearing there­ tion, Glens Falls, New York, requesting 7th day of November 1949, before the on was commenced on February 26, 1948 that the hearing now scheduled for Octo­ Commission en banc, at Washington, and continued until a time and place to ber 17,1949, at Washington, D. C., on the D. C., and that the parties are afforded be designated by subsequent order; that above-entitled application, be continued an opportunity to address themselves Associated Electronic Enterprises, li­ for a period of thirty days; and not only to the exceptions filed but also censee of Station WWON, Woonsocket, It appearing, that on October 7, 1949, to the above-described petition to enlarge Rhode Island, participated in the hear­ the Commission designated for hearing the record filed by the Mount Vernon ing as a party respondent; that at the in a consolidated proceeding the appli­ Broadcasting Company, and the opposi­ hearing on February 26, 1948, additional cation of WEIM Fitchburg, Incorporated, tions thereto and the issues raised information relating to the present and Fitchburg, Massachusetts, for construc­ proposed operation was requested and tion permit (Docket No. 9471; File No. therein. the applicant agreed to supply such in­ BP-7339) with the above-entitled appli­ F ederal Communications formation at the further hearing which cation of Glens Falls Publicity Corpora­ Commission, was indicated; that thereafter, on July tion (WGLN), Glens Falls, New York; rSEAL] T. J. SLOWIE, 16, 1948, a further hearing was ordered and Secretary. on this application specifying an addi­ It further appearing, that all parties [P. R. Doc. 49-8532; Filed, Oct. 24, 1949; tional issue relating to the financial to this consolidated proceeding have con­ 8:51 a. m.] qualifications of the applicant; and that sented to the continuance as requested; no further hearing has been held on this It is ordered, This 14th day of October application; and 1949, that the petition be, and it is hereby It further appearing, that in view of granted; and that the said hearing on the [Docket Nos. 7814, 7979, 8217, 8660] the foregoing, the record compiled in this above-entitled applications be, and it is proceeding does not contain complete hereby, continued to 10:00 a. m., Wednes­ H ome News P ublishing Co. et al. evidence relating to the specified issues day, November 16, 1949, at Washington, notice of oral argument and that, therefore, the above-described D. C. F ederal Communications Beginning at 2:30 p. m. on Monday, petition should be denied and the pro­ ceeding scheduled for further hearing; Commission, November 7, 1949, the Commission will Accordingly, it is ordered, That the [seal] T. J. Slo w ie, hear oral argument in Room 6121 on above-described petition by R. I. Broad­ Secretary. the following matters in the order indi­ casting Company for immediate grant [F. R. Doc. 49-8537; Filed, Oct. 24, 1949; cated below: of its application is denied, and the pro­ 8:52 a. m.] Tuesday, October 25, 1949 FEDERAL REGISTER 6501 [Docket Nos. 8656, 8670] sion will hear oral argument in Room November 15,1949, of the hearing in the 6121 on the following matter: above matter presently scheduled for Grand H aven B roadcasting Co. and Docket No. 8777; in the matter of Mac- November 7, 1949; and G reater M uskegon B roadcasters, I nc. Kay Radio and Telegraph Company; It appearing, that good cause for the (WMUS) applications for radiotelegraph circuits requested continuance has been shown, ORDER SCHEDULING ORAL ARGUMENT between the United States and Portugal, and that there is no opposition to the In re applications of Grand Haven Surinam, and the Netherlands. motion ; Broadcasting Company, Grand Haven, Adopted: October 14, 1949. It is ordered, This 14th day of October Michigan, Docket No. 8656; Pile No. BP- 1949, that the motion be, and it is hereby 6441; Greater Muskegon Broadcasters, F ederal Communications granted and the hearing presently sched­ Inc. (WMUS), Muskegon, Michigan, Commission, uled to commence November 7, 1949, is [seal] T. J. Slo w ie, continued to November 15,1949. Docket No. 8670, Pile No. BP-6445; for Secretary. construction permits. F ederal Communications At a session of the Federal Communi­ [F. R. Doc. 49-8531; Filed, Oct. 24, 1949; Commission, 8:51 a. m.] cations Commission held at its offices in [seal] T. J. Slowie, Washington, D. C., on the 14th day of Secretary. October 1949; [F. R. Doc. 49-8538; Filed, Oct. 24, 1949; The Commission having under con­ [Docket No. 9257] 8:52 a. m.] sideration (1) a petition filed March 21, 1949, by Greater Muskegon Broadcasters, J ose R amon Quinones and WPTF Inc. (WMUS), requesting that the Com­ R adio Co. (WPTF) mission set aside its proposed decision in ORDER CONTINUING HEARING [Docket No. 9470] the above-entitled proceeding, reopen the record in said proceeding and enlarge the In re petition of Jose Ramon Quinones, R adio Commission of S outhern B aptist issues therein; (2) an opposition to the San Juan, Puerto Rico, for reconsidera­ Convention and E xecutive B oard of above-described petition, filed March 24, tion of action granting a construction B aptist G eneral Convention of T exas 1949, by Grand Haven Broadcasting permit (File No. BP-6353) to WPTF Ra­ ORDER CONTINUING ORAL ARGUMENT Company; (3) exceptions to the proposed dio Company (WPTF), Raleigh, North decision in the above-entitled proceed­ Carolina; Docket No. 9257. In the matter of The Joint Petition of ing, filed July 18, 1949, by Greater The Commission having under consid­ the Radio Commission of the Southern Muskegon Broadcasters, Inc. (WMUS); eration a motion filed October 7,1949 by Baptist Convention and the Executive and (4) a reply to the WMUS exceptions, Jose Ramon Quinones, licensee of Sta­ Board of the Baptist General Convention filed July 28, 1949, by Grand Haven tion WAPA, San Juan, Puerto Rico, and of Texas, Docket No. 9470. Broadcasting Company; and WPTF Radio Company, licensee of Sta­ At a session of the Federal Communi­ It appearing, that on June 23,1949, the tion WPTF, Raleigh, North Carolina, cations Commission held at its office in Commission, in an order adopted that parties in the above-entitled proceeding, Washington, D. C., on the 14th day of date, determined that the issues raised jointly requesting a continuance of sixty October 1949: in the foregoing petition to set aside the (60) days of the hearing presently sched­ The Commission having under con­ proposed decision and opposition thereto uled for October 24, 1949; and sideration its order of October 3, 1949, could best be disposed of after affording It appearing, that good cause for the designating the above-entitled petition oral argument to the parties before the requested continuance has been shown, for oral argument before the Commis­ Commission en banc on said issues to­ and that there is no opposition to the mo­ sion, en banc, on November 4, 1949, and gether with oral argument on any excep­ tion; directing petitioners and others desiring tions filed in this proceeding, and ex­ It is ordered, This 14th day of October to participate in said oral argument to tended the time to file exceptions to July 1949, that the motion be, and it is hereby file appearances and briefs on or before 18, 1949; and that the above-described granted and the hearing presently sched­ October 21, 1949; and a petition filed petition, opposition and exceptions uled to commence October 24, 1949 is October 12, 1949 by the above-entitled should, therefore, now be scheduled for continued to Thursday, December 22, petitioners requesting extension of time oral argument before the Commission en 1949. for filing of appearances and briefs for a banc and the parties afforded an oppor­ F ederal Communications period of 30 days and setting of oral tunity to address themselves not only to Commission, argument on any reasonable date ten the exceptions, but also to said petition [seal] T. J. Slow ie, days or more thereafter, on the ground and opposition and the issues raised Secretary. that petitioners have insufficient time to therein; [F. R. Doc. 49-8539; Filed, Oct. 24, 1949; prepare and submit briefs by October Accordingly, it is ordered, That oral ar­ 8:52 a. m.] 21, 1949; gument in the above proceeding is sched­ It is ordered, That the time for filing uled for 10:00 a. m. on the 7th day of appearances and briefs in this proceeding November 1949, before the Commission be extended until November 21, 1949; [Docket No. 9292] It is further ordered, That the oral en banc, at Washington, D. C., and that argument in this proceeding now sched­ the parties are afforded an opportunity Commercial P acific Cable Co. et al. to address themselves not only to the uled for November 4, 1949, before the exceptions filed but also to the above- ORDER CONTINUING HEARING Commission, en banc, be continued to a described petition to set aside the pro­ In the matter of complaints of Com­ date to be fixed by a subsequent order. posed decision and opposition thereto mercial Pacific Cable Company; and F ederal Communications and the issues raised therein. American Cable and Radio Corporation Commission, F ederal Communications and its subsidiaries, All America Cables [seal] T. J. S lowie, Com m ission, and Radio, Inc., the Commercial Cable Secretary. [seal] T. J. S lowie, Company, and Mackay Radio and Tele­ [F, R. Doc. 49-8528; Filed, Oct. 24, 1949; Secretary. graph Company, complainants, against 8:50 a. m.] the Western Union Telegraph Company, [P. R. Doc. 49-8533; Filed, Oct. 24, 1949; respondent; and complaint of RCA Com­ 8:51 a. m.] munications, Inc., complainant, against the Western Union Telegraph Company, [Docket No. 9472] Globe Wireless, Ltd., and Tropical Radio [Docket No. 8777] Telegraph Company, respondents; P eoples F orum of the Air (KXLJ) Mackay R adio and T elegraph Co. Docket No. 9292. The Commission having under consid­ ORDER DESIGNATING APPLICATION FOR NOTICE OF ORAL ARGUMENT eration a motion filed October 12, 1949, HEARING ON STATED ISSUES Beginning at 10:00 o’clock a. m. on by respondent, the Western Union Tele­ In re application of the Peoples Forum Friday, November 4, 1949, the Commis- graph Company, for a continuance until of the air (KXLJ), Helena, Montana, No. 206— -2 6502 NOTICES for renewal of license; Docket No. 9472, Pocatello, Idaho, and not being satisfied new standard broadcast station to oper­ Pile No. BR-941. that it is in possession of full information ate on 1460 kc, 1 kw, 5 kw-LS, DA-N, Uni. At a session of the Federal Communi­ as is required by the Communications Act at Harrisburg, Pennsylvania; of the Ross- cations Commission held in Washington, of 1934, as amended, and acting pursuant moyne Corporation to change the facil­ D. C., on the 14th day of October 1949; to sections 309 (a) and 310 (b) of the act; ities of station WCMB to 1460 kc, 5 kw, The Commission having under con­ It is ordered, That the above entitled . DA-N, Uni. at Lemoyne, Pennsylvania, sideration the above-entitled applica­ application be designated for hearing to and of the Hafrisburg Broadcasting tion of the Peoples Forum of the Air for be held at 10:00 a. m. Monday, November Company to chanige the facilities of sta­ renewal of license of AM broadcast sta­ .21, 1949, at Pocatello, Idaho, on the fol­ tion WHGB to 1460 kc, 5 kw, DA-N, Uni. tion KXLJ, Helena, Montana; and lowing issues: at Harrisburg, Pennsylvania; It appearing, that the license of Sta­ 1. To obtain full information as to all It is ordered, That, pursuant to section tion KXLJ was temporarily extended to contracts, agreements or understandings 309 (a) of the Communications Act of December 1,1949; and between Louis Haller and the licensee of 1934, as amended, the said applications It further appearing, that the Com­ station KEYY relating to the sale, man­ are designated for hearing in a con­ mission is unable to determine from the agement, control and operation of the solidated proceeding at a time and place consideration of the application that a aforesaid station, with particular refer­ to be designated by subsequent order of grant of renewal of license for the station ence to an agreement, dated March 29, the Commission, upon the following would be in the public interest; 1949, between Haller and the licensee of issues: It is ordered, That pursuant to section station KEYY by virtue of which said 1. To determine the legal, technical, 309 (a) of the Communications Act of Haller obtained an option to purchase all financial and other qualifications of the 1934, as amended, the above-entitled ap­ of licensee’s stock, became general man­ Capital Broadcasting Corporation, its plication is designated for hearing, at a ager of said licensee, and obtained rights officers, directors and stockholders to time and place to be specified by a subse­ to a share in the profits, if any, derived construct and operate the proposed sta­ quent order of the Commission upon the from operation of the licensee. tion and the technical, financial, and following issues: 2. To determine whether the execution other qualifications of the Keystone 1. To determine whether the applicant of any of the aforesaid contracts, agree­ Broadcasting Corporation, its officers, has carried out, or has failed to carry out, ments or understandings with respect to directors and stockholders, of the Ross- its representations and proposals here­ station KEYY between Louis Haller and moyne Corporation, its officers, directors tofore made to the Commission with re­ the licensee thereof, or any acts per­ and stockholders and of the partnership spect to program service. formed pursuant to said contracts, agree­ Harrisburg Broadcasting Company and 2. To obtain full information concern­ ments or understandings, constitute vio­ the partners thereof, to construct and ing the nature and character of the pro­ lations of section 310 (b) of the operate stations WKBO, WCMB and gram service which has been rendered Communications Act, or violations of WHGB as proposed. by the station with particular reference §§ 1.321, 1.342, and 1.343 of the Commis­ 2. To determine the areas and popu­ to the following: sion’s rules and regulations. lations which may be expected to gain (a) Commercial and sustaining pro­ 3. To obtain full information concern­ or lose primary service from the opera­ grams. , ing the nature and character of the pro­ tion of the proposed station and stations (b) Local live talent. gram service which has been rendered by WKBO, WCMB and WHGB as proposed (c) Discussions upon important public the station since September 17, 1948, and the character of other broadcast issues. with particular reference to the amount service available to those areas and popu­ 3. To determine upon the basis of the of time devoted to local live programs. lations. evidence adduced under Issue No. 2, 3. To determine the type and charac­ whether the applicant’s program policies F ederal Communications ter of program service proposed to be have served the public interest needs of Commission, rendered and whether it would meet the [seal] T. J. S lowie, the community. Secretary. requirements of the populations and 4. To determine whether the appli­ areas proposed to be served. cant’s proposed program policies for the [F. R. Doc. 49-8529; Filed, Oct, 24, 1949; 4. To determine whether the operation future will serve the public interest needs 8:51 a. m.] of the proposed station and stations of the community. WKBO, WCMB, and WHGB as proposed It is further ordered, That the au­ would involve objectionable interference thority of the licensee to operate its [Docket Nos. 9474-9477] with stations KSO, Des Moines, Iowa; station facilities is extended to March 1, WBNS, Columbus, Ohio, and WHEC, 1950, pending decision in the case. K eystone Broadcasting Corp. (W KBO) Rochester, New York, or with any other et AL. F ederal Communications existing broadcast stations and, if so, Com m ission, ORDER DESIGNATING APPLICATION FOR CON­ the nature and extent thereof, the areas [seal] T. J. Slow ie, SOLIDATED HEARING ON STATED ISSUES and populations affected thereby, and Secretary. the availability of. other broadcast serv­ In re applications of Keystone Broad­ ice to such areas and populations. [P. R. Doc. 49-8536; Piled, Oct. 24, 1949; casting Corporation (WKBO), Harris­ 5. To determine whether the operation 8:52 a. m.] burg, Pennsylvania, Docket No. 9474, File of the proposed station and stations No. BP-4504; Capital Broadcasting WKBO, WCMB, and WHGB as proposed Corporation, Harrisburg, Pennsylvania, would involve objectionable interference Docket No. 9475, File No. BP-6683; Ross- with the services proposed in any other [Docket No. 9473] moyne Corporation (WCMB), Lemoyne, pending applications for broadcast facil­ R adio and T elevision B roadcasting Co. Pennsylvania, Docket No. 9476, File No. ities and, if so, the nature and extent of I daho BP-7296; Herbert Kendrick and G. L. thereof, the areas and populations af­ Hash d/b as Harrisburg Broadcasting fected thereby, and the availability of ORDER DESIGNATING APPLICATION FOR ORAL Company (WHGB) Harrisburg, Penn­ ARGUMENT other broadcast service to such areas sylvania, Docket No. 9477, File No. BP- and populations. In re application of Radio and Tele­ 7331; for construction permits. 6. To determine whether the installa­ vision Broadcasting Company of Idaho, At a session of the Federal Communi­ tion and operation of the proposed sta­ Pocatello, Idaho, for renewal of license of cations Commission, held at its offices in tion and stations WKBO, WCMB, and standard broadcast station KEYY; Washington, D. C., on the 14th day of WHGB as proposed would be in compli­ Docket No. 9473, File No. BR-2083. October 1949: ance with the Commission’s rules and At a session of the Federal Communi­ The Commission having under consid­ regulations of Good Engineering Prac­ cations Commission held at its offices in eration the above-entitled applications tice Concerning Standard Broadcast Washington, D. C., on the 14th day of of the Keystone Broadcasting Corpora­ October 1949; tion to change the facilities of station Stations. The Commission having under consid­ WKBO to 1460 kc, 1 kw, 5 kw-LS, DA-N, 7. To determine the overlap, if any> eration the above entitled application for Uni. at Harrisburg, Pennsylvania; of the that will exist between the service areas the renewal of license of station KEYY, Capital Broadcasting Corporation for a of station WKBO as proposed and of Tuesday, O ctober 25, 1949 FEDERAL REGISTER 6503 stations WORK at York, Pennsylvania, rendered and whether it would meet the 1. To determine the legal, technical, and WGAL at Lancaster, Pennsylvania, requirements of the populations and financial and other qualifications of the the nature and extent thereof, and areas proposed to be served. individual applicant and the applicant whether such overlap if any, is in con­ 4. To determine whether the opera­ corporation, its officers, directors and travention of § 3.35 of the Commission’s tion of stations WTOB and WPAQ, as stockholders to construct and operate the rules. proposed, would involve objectionable proposed Stations. 8. To determine on a comparative interference with station WKRC, Cin­ 2. To determine the areas and popula­ basis which, if any, of the applications cinnati, Ohio, or with any other existing tions which may be expected to gain or in this consolidated proceeding should broadcast stations and, if so, the nature lose primary service from the operation be granted. and extent thereof, the areas and popu­ of the proposed stations and the char­ It is further ordered, That the Murphy lations affected thereby, and the avail­ acter of other broadcast service available Broadcasting Company, licensee of sta­ ability of other broadcast service to such to those areas and populations. tion KSO, Des Moines, Iowa; Radiohio, areas and populations. 3. To determine the type and charac­ Inc., licensee of station WBNS, Colum­ 5. To determine whether the operation ter of program service proposed to be bus, Ohio, and WHEC, Inc., licensee of of stations WTOB and WPAQ as pro­ rendered and whether it would meet the station WHEC, Rochester, New York, are posed would involve objectionable inter­ requirements of the populations and made parties to this proceeding. ference with the services proposed in any areas proposed to be served. F ederal Communications other pending applications for broad­ 4. To determine whether the operation Commission, cast facilities, and, if so, the nature and of the proposed stations would involve [seal] T. J. S lo w ie, extent thereof, the areas and populations objectionable interference with any Secretary. affected thereby, and the availability of other existing broadcast stations and, if other broadcast service to such areas and [F. R. Doc. 49-8526; Filed, Oct. 24, 1949; so, the nature and extent thereof, the 8:50 a. m.] populations. areas and populations affected thereby, 6. To determine whether the installa­ and the availability of other broadcast tion and operation of stations WTOB service to such areas and populations. and WPAQ as proposed would be in com­ 5. To determine whether the operation [Docket Nos. 9478, 9479] pliance with the Commission’s rules and of the proposed stations would involve Standards of Good Engineering Practice objectionable interference each with the Winston-S alem B roadcasting Co., I nc., Concerning Standard Broadcast Sta­ other or with the services proposed in (WTOB) and R alph D. E pperson tions. any other pending applications for (WPAQ) 7. To determine on a comparative broadcast facilities and, if so, the nature ORDER DESIGNATING APPLICATION FOR CON­ basis which, if either, of the applications and extent thereof, the areas and popu­ SOLIDATED HEARING ON STATED ISSUES in this consolidated proceeding should lations affected thereby, and the avail­ be granted. ability of other broadcast service to such In re applications of Winston-Salem It is further ordered, That the petition areas and populations. Broadcasting Company, Inc. (WTOB), of Radio Cincinnati, Inc., licensee of sta­ 6. To determine whether the installa­ Winston-Salem, North Carolina, Docket tion WKRC, Cincinnati, Ohio is granted tion and operation of the proposed sta­ No. 9478, File No. BP-6449; Ralph D. Ep­ and it is made a party to this proceeding. tions would be in compliance with the person (WPAQ), Mount Airy, North Commission’s rules and Standards of Carolina, Docket No. 9479, File No. BP- F ederal Communications Commission, Good Engineering Practice Concerning 7153; for construction permits. Standard Broadcast Stations. At a session of the Federal Communi­ [ seal] T. J. Slow ie, Secretary. 7. To determine on a comparative cations Commission, held at its offices in basis which, if either, of the applications Washington, D. C., on the 14th day of (F. R. Doc. 49-8525; Filed, Oct. 24, 1949; in this consolidated proceeding should October 1949; 8:50 a. in.] be granted. The Commission having under consid­ eration the above-entitled applications F ederal Communications of the Winston-Salem Broadcasting Commission, Company, Inc., and Ralph D. Epperson, [Docket Nos. 9480, 9481] [seal] T. J. Slow ie, each requesting construction permits J ohn T ownsend and Nebraska R ural Secretary. to change the facilities of stations R adio Assn. [F. R. Doc. 49-8524; Filed, Oct. 24, 1949; WTOB, Winston-Salem, North Carolina 8:50 a. m.] and WPAQ, Mount Airy, North Carolina, ORDER DESIGNATING APPLICATION FOR CON­ respectively, to 550 kilocycles, 1 kilowatt SOLIDATED HEARING ON STATED ISSUES power, DA-1, unlimited time and a peti­ In re applications of John Townsend, tion of Radio Cincinnati, Inc., licensee North Platte, Nebraska, Docket No. 9480, [Docket No. 9482] of station WKRC, Cincinnati, Ohio to File No. BP-7201; Nebraska Rural Radio T ildon M. Adcock and S tarlon S. Adcock designate the above-entitled application Association, Lexington, Nebraska, Docket of Ralph D. Epperson for hearing; No. 9481, File No. BP-7335; for construc­ ORDER DESIGNATING APPLICATION FOR It is ordered, That, pursuant to section tion permits. HEARING ON STATED ISSUES 309 (a) of the Communications Act of At a session of the Federal Communi­ In re application of Tildon M. Adcock 1934, as amended, the said applications cations Commission, held at its offices in and Starlon S. Adcock, Goldsboro, North are designated for hearing in a consoli­ Washington, D. C., on the 14th day of Carolina, for construction permit; Docket dated proceeding at a time and place to October 1949. No. 9482, File No. BP-7249. be designated by subsequent order of the The Commission having under consid­ At a session of the Federal Communi­ Commission upon the following issues:. eration the above-entitled application of cations Commission, held at its offices 1. To determine the technical, finan­ John Townsend and the Nebraska Rural in Washington, D. C., on the 14th day of cial and other qualifications of the in­ Radio Association for authority to con­ October 1949; dividual applicant and the applicant struct new standard broadcast stations The Commission having under con­ corporation, its officers, directors, and with the identical facilities of 1010 kilo­ sideration the above-entitled applica­ stockholders, to construct and operate cycles, 1 kilowatt power, daytime only in tion for a new standard broadcast station stations WPAQ and WTOB, as proposed. the cities of North Platte and Lexington, to operate on 570 kilocycles, 1 kilowatt 2. To determine the areas and popula­ Nebraska, which have a physical separa­ power, daytime only, at Goldsboro, North tions which may be expected to gain or tion of 58 miles. Carolina; lose primary service from the operation It is ordered, That, pursuant to section It appearing, that the applicant is of stations WTOB and WPAQ as pro­ 309 (a) of the Communications Act of legally, technically, financially, and posed and the character of other broad­ 1934, as amended, the said applications otherwise qualified to construct and op­ cast service available to those areas and are designated for hearing in a consoli­ erate the proposed station and that the populations. dated proceeding at a time and place to type and character of the proposed pro­ 3. To determine the type and char­ be designated by subsequent order of the gram service would meet the require­ acter of program service prposed to be Commission, upon the following issues: ments of the areas and populations to 6504 NOTICES be served but that the application may requests an opportunity to introduce fur­ payment date next preceding June 10, involve objectionable interference with ther evidence with respect to the present 1940, to January 1,1947) for each $1,000 one or more existing broadcast stations availability of the transmitter site pro­ bond of the Mortgage Bank of the Ve­ and otherwise not comply with the posed in the above-entitled application netian Provinces surrendered with all Standards of Good Engineering Practice; of On the Air, Inc.; that said petition is coupons appurtenant thereto maturing It is ordered, That, pursuant to sec­ in all other respects denied; and that the after June 10,1940, attached; (4) the ex­ tion 309 (a) of the Communications Act petition of On the Air, Inc. for consoli­ change offer of the Consortium was not of 1934, as amended, the said application dated oral argument is denied. conditioned upon the acceptance thereof is designated for hearing at a time and It is further ordered, That the Commis­ by the holders of any specified percentage place to be designated by subsequent sion’s memorandum opinion and order of the outstanding bonds of the issuer, order of the Commission upon the fol­ -of October 3,1949 (14 F. R. 6237), sched­ and remains in effect as of the date of lowing issues: uling further hearing in the above- the instant application to strike this se­ 1. To determine the areas and popu­ entitled proceeding is amended by the curity from listing and registration; (5) lations which may be expected to gain inclusion therein of the following addi­ the prospectus offering this exchange in­ or lose primary service from the opera­ tional issue: dicates that $823,000 principal amount of tion of the proposed station and the Dollar Bonds of the Mortgage Bank of 6. To receive further evidence with re­ the Venetian Provinces were outstand­ character of other broadcast service spect to the availability to the applicant available to those areas and populations. ing at the time the offer of exchange was of the transmitter site proposed in the extended, and of these $250,500 principal 2. To determine whether the opera­ application of On the Air, Inc. (WTMV). tion of the proposed station would in­ amount had been acquired and were held volve objectionable interference with Released: October 18, 1949. in the treasury of the Republic, leaving $572,500 principal amount outstanding in station WGTM, Wilson, North Carolina, F ederal Communications or with any other existing broadcast sta­ the hands of the public; (6) the fiscal Commission, agent has advised the applicant exchange tions and, if so, the nature and extent [seal] T. J. Slowie, thereof, the areas and populations af­ Secretary. periodically of the surrender of bonds in fected thereby, and the availability of exchange for External Bonds of 1947 of other broadcast service to such areas and [P. R. Doc. 49-8527; Piled, Oct. 24, 1949; the Consortium; (7) the latest of such populations. 9:05 a. m.] advices, dated May 5, 1949, indicates 3. To determine whether the operation $384,000 principal amount has been sur­ rendered for exchange leaving $188,500 of the proposed station would involve ob­ SECURITIES AND EXCHANGE jectionable interference with the serv­ principal amount of these Dollar Bonds ices proposed in any other pending COMMISSION of the Mortgage Bank of the Venetian Provinces outstanding in the hands of the applications for broadcast facilities and, [Pile No. 1-2527] if so, the nature and extent thereof, the public; (8) dealings in this security were areas and populations affected thereby, M ortgage Bank of the Venetian suspended on the applicant exchange at and the availability of other broadcast P rovinces the opening of the trading session on service to such areas and populations. ORDER GRANTING APPLICATION TO STRIKE May 27, 1949; and (9) the outstanding 4. To determine the overlap, if any, FROM LISTING AND REGISTRATION amount thereof, after deducting the prin­ that will exist between the service areas cipal amount of bonds repatriated by the of the proposed station and of station At a regular session of the Securities Italian Government, has been so reduced WFVG at Fuquay Springs, North Caro­ and Exchange Commission, held at its as to make further dealings therein on lina, and the newly authorized station at office in the city of Washington, D. C., the Exchange inadvisable. Williamston, North Carolina, the nature on the 19th day of October A. D. 1949. Appropriate notice and opportunity for and extent thereof, and whether such The New York Stock Exchange, pur­ hearing have been given to interested overlap, if any, is in contravention of suant to section 12 (d) of the Securities persons and the public generally. No § 3.35 of the Commission’s rules. Exchange Act of 1934 and Rule X-12D2- request has been received from any in­ 5. To determine whether the instal­ 1 (b) promulgated thereunder, has made terested person for a hearing in this mat­ lation and operation of the proposed sta­ application to strike from registration ter. The rules of the New York Stock tion would be in compliance with the and listing the Twenty-Five Year 7% Exchange with respect to striking a secu­ Commission’s rules and Standards of External Secured Sinking Fund Gold rity from registration and listing have Good Engineering Practice Concerning Bonds, Series A, due October 1, 1952, of been complied with. Standard Broadcast Stations. Mortgage Bank of the Venetian Prov­ The Commission having considered It is further ordered, That Watson In­ inces. the facts stated in the application, and dustries, Inc., licensee of station WGTM, The reasons for striking this security having due regard for the public interest Wilson, North Carolina, be made a party from registration and listing on this ex­ and the protection of investors; to the proceeding. change that are stated in the application It is ordered, That the application of are: (1) Dealings on the applicant ex­ the New York Stock Exchange to strike F ederal Communications change in the Dollar Bonds of the Mort­ from registration and listing the Commission, gage Bank of the Venetian Provinces Twenty-five Year 7% External Secured [seal] T. J. Slowie, were suspended December 11, 1941, upon Secretary. Sinking Fund Gold Bonds, Series A, due the outbreak of World War II; (2) the October 1,1952, of Mortgage Bank of the [F. R. Doc. 49-8535; Piled, Oct. 24, 1949; suspension was continued until December Venetian Provinces be, and the same is, 8:52 a. m.] 23, 1947, at which time these bonds were hereby granted, effective at the close of restored to dealings upon the applicant the trading session on October 26, 1949. exchange simultaneously with the admis­ [Docket Nos. 7844, 8704] sion to the list and to dealings of the By the Commission. Belleville N ew s-D emocrat and O n the 30-Year Guaranteed External Sinking [ seal] O rval L. DuBois, Air, I nc. (WTMV) Fund Bonds of 1947, due January 1,1977, Secretary. of the (Italian) Credit Consortium for MEMORANDUM OPINION AND ORDER Public Works; (3) thereupon, the Con­ [P. R. Doc. 49-8514; Filed, Oct. 24, 1949; ENLARGING ISSUES sortium offered holders of Dollar Bonds 8:47 a. m.] In re applications of Belleville News- of the Mortgage Bank of the Venetian Democrat, Belleville, Illinois, Docket No. Provinces the right to exchange said 7844, File No. BP-5176; On the Air, Inc. bonds for External Bonds of 1947 of the [Pile No. 70-2092] (WTMV), East St. Louis, Illinois, Docket Consortium at the rate of $1,472.50 prin­ No. 8704, File No. BP-6497; for construc­ cipal amount of such External Bonds of T exas E lectric Service Co. tion permits. 1947 (being an amount equal to the ORDER RELEASING JURISDICTION OVER FEES It is ordered, This 14th day of October principal amount of the bonds sur­ AND EXPENSES 1949, that the petition of On the Air, Inc. rendered for exchange plus the amount requesting enlargement of the issues in of unpaid interest thereon, at the annual At a regular session of the Securities this proceeding is granted insofar as it rate specified therein, from the interest and Exchange Commission held at its of- Tuesday, O ctober 25, 1949 FEDERAL REGISTER 6505 flee in the city of Washington, D. C., on number of shares required to constitute office in the city of Washington, D. C., the 19th day of October A. D. 1949. a quorum for- a stockholders’ meeting. on the 19th day of October 1949. The Commission having, by orders Notice of the filing of said declaration Duquesne Light Company (“Du- dated April 14, 1949, and April 26, 1949, having been duly given in the manner quesne”) , a public utility company and a permitted to become effective an prescribed by Rule U-23 promulgated subsidiary of Standard Power and Light amended declaration by Texas Electric under the act and the Commission not Corporation, Standard Gas and Electric Service Company (“Texas Electric”), a having received a request for a hearing Company, and Philadelphia Company, direct subsidiary of Texas Utilities Com­ with respect to said declaration within all registered holding companies, having pany, a registered holding company, and the period prescribed in the said notice, filed an application and amendments an indirect subsidiary of American Power or otherwise, and not having ordered a thereto pursuant to section 6 (b) of the & Light Company and Electric Bond and hearing thereon; and Public Utility Holding Company Act of Share Company, also registered holding The Commission finding with respect 1935 and Rule U-50 promulgated there­ companies, regarding the issuance and to said declaration that the requirements under, regarding the issuance and sale, sale by Texas Electric pursuant to the of the applicable provisions of the act at competitive bidding, of $15,000,000 competitive bidding requirements of Rule and the rules thereunder are satisfied, principal amount of its First Mortgage U-50, of $8,000,000 principal amount of and deeming it appropriate in the public Bonds, Series due October 1, 1979; and First Mortgage Bonds, 2%% Series, due interest and in the interests of investors The Commission having granted said 1979; and and consumers that said declaration be application, as amended, by order dated The Commission having reserved jur­ permitted to become effective forthwith; October 6, 1949, subject to the condition isdiction over the fees and expenses to be It is hereby ordered, Pursuant to Rule that the proposed issue and sale of said incurred in connection with the sale of U-23 and the applicable provisions of the bonds should not be consummated until said bonds, including legal fees to be paid act, that said declaration be, and the by Texas Electric and by the successful same hereby is, permitted to become the results of competitive bidding pursu­ bidders, and an amendment having been effective forthwith, subject to the terms ant to Rule U-50 had been made a matter filed under which the amounts of certain and conditions described in Rule U-24. of record in this proceeding and a fur­ of the legal fees now requested have been By the Commission. ther order entered by the Commission reduced below those orignally requested, in the light of the record as so completed, and the Commission having now exam­ [seal] O rval L. DuB ois, and subject to a further condition that ined the evidence submited with respect Secretary. jurisdiction be reserved with respect to thereto; and [F. R. Doc. 49-8516; Filed, Oct. 24, 1949; the payment of legal and accounting fees The Commission, on the basis of its 8:48 a. m.] and expenses incurred in connection examination of the record, finding that the fees and expenses in connection with with the transaction; and the issue and sale of said bonds, includ­ [FUe No. 70-2221] Duquesne having filed a further amendment to its application setting ing the legal fees as amended, are not Duqtjesne Light Co. unreasonable, and finding it appropriate forth the action taken to comply with in the public interest to release jurisdic­ SUPPLEMENTAL ORDER RELEASING JURISDIC­ the requirements of Rule U-50 and stat­ tion over the payment of said fees and TION AND GRANTING APPLICATION ing that pursuant to an invitation for expenses; At a regular session of the Securities competitive bids the following bids for It is ordered, That the jurisdiction and Exchange Commission, held at its said bonds were received: heretofore reserved with respect to the fees and expenses in connection with the Coupon Price to Annual cost issue and sale of said bonds, including Bidding group headed by— rate Duquesne 1 to Duquesne fees to be paid to the counsel for success­ ful bidders, be, and the same hereby is, Percent Percent Percent released. 2H 100.14 2.618236 2% 102. 289 2.639075 By the Commission. 2% 102. 209 2.642900 2% 102.061 2.649980 [seal] Orval L. D uB ois, 2% 101.8081 2.662116 ■2% 101. 7831 2.663318 Secretary. 2 'A 101. 779 2.663515 [F. R. Doc. 49-8515; Filed, Oct. 24, 1949; 8:48 a. m.] i Plus accrued interest from October 1, 1949. Said amendment having further stated Rule U-50 be, and the same hereby is, [File No. 70-2219] that Duquesne has accepted the bid- of released and that said application, as fur­ Kuhn, Loeb & Co., as set forth above, ther amended be, and the same hereby is, F lorida P ower & Light Co. and that said bonds will be offered for granted forthwith, subject to the terms ORDER PERMITTING DECLARATION TO BECOME sale to the public at a price of 100.52% of and conditions prescribed in Rule U-24. EFFECTIVE the principal amount thereof, plus ac­ It is further ordered, That the. juris­ At a regular session of the Securities crued interest from October 1, 1949, to diction heretofore reserved with respect and Exchange Commission held at its the date of delivery of and payment for to fees and expenses to be paid for legal office in the city of Washington, D. C., said bonds, resulting in an underwriters’ and accounting services be, and the same on the 19th day of October A. D. 1949. spread of 0.38% of the principal amount hereby i£, continued. Florida Power & Light Company of said bonds or an aggregate amount of By the Commission. (“Florida”) , an electric utility subsidiary $57,000; and of American Power & Light Company, a The Commission having examined said [seal] O rval L. D uB ois, registered holding company subsidiary amendment and having considered the Secretary. of Electric Bond and Share Company, record herein and finding no basis for [F. R. Doc. 49-8513; Filed, Oct. 24, 1949; also a registered holding company, hav­ imposing terms and conditions with re­ 8:47 a. m.] ing filed a declaration pursuant to the spect to the price to be received by Public Utility Holding Company Act of Duquesne for said bonds, the interest rate 1935, particularly sections 6 (a) and 7 thereon, the underwriters’ spread, or thereof, regarding the following pro­ otherwise, and it appearing appropriate [File No. 70-2244] posed transactions: to the Commission that the jurisdiction Florida proposes to amend the Agree­ heretofore reserved to consider the re­ New E ngland E lectric System ment of Consolidation, pursuant to sults of the competitive bidding be re­ NOTICE OF FILING which Florida was formed, to provide leased: that Florida’s Board of Directors shall It is ordered, That the jurisdiction At a regular session of the Securities not make or alter any by-laws fixing heretofore reserved with respect to the and Exchange Commission held at its their number, qualifications, classifica­ matters to be determined as a result of office in the city of Washington, D. C., tions, or term of office, or change the competitive bidding for said bonds under on the 18th day of October A. D. 1949. 6506 NOTICES

Notice is hereby given that a declara­ shares on the New York Stock Exchange, Iron Company into a new corporation tion has been filed with this Commission the Boston Stock Exchange and in the called The Cleveland-Cliffs Iron Com­ pursuant to the Public Utility Holding over-the-counter market by the pur­ pany (the new corporation). The con­ Company Act of 1935 by New England chase, during the two business days pre­ solidation became effective with the Electric System (“NEES”), a registered ceding and the day on which bids are filing of the Agreement of Consolida­ holding company. The declarant has opened, of its presently outstanding com­ tion in the office of the Secretary of designated sections 7 and 12 (c) of the mon shares in such amount as is deemed State of Ohio on July 9, 1947, and the act and Rules U-42 and U-50 promul­ desirable at the time but in no case in filing had the effect of terminating the gated thereunder as applicable to the excess of 5% of the total amount of com­ applicant’s corporate existence except for proposed transactions. mon shares proposed to be issued. Any certain limited purposes relating to the Notice is further given that any inter­ common shares acquired by NEES in such winding up of its affairs. Subject to ested person may, not later than No­ stabilization activities will be included the rights of dissenting shareholders, the vember 2, 1949, at 5:30 p. m., e. s. t., in the amount to be offered to the former shareholders of the applicant be­ request the Commission in writing that a prospective underwriter at competitive came by operation of law shareholders hearing be held on such matter stating bidding. of the new corporation. An action which the nature of his interest, the reasons for The cash proceeds to be derived from had been filed in the Court of Common such request, and the issues, if any, of the proposed issue and sale of said com­ Pleas of Cuyahoga County, Ohio, on be­ fact or law raised by said declaration mon shares, after deducting expenses of half of certain holders of preferred shares proposed to be controverted, or may re­ the issuance, will be added to the general of The Cleveland-Cliffs Iron Company quest that he be notified if the Commis­ funds of NEES and utilized by that com­ (one of the constituent corporations) sion should order a hearing thereon. Any pany in furtherance of the construction seeking injunctive and other relief in such request should be addressed: Secre­ program of its subsidiary companies. connection with the consolidation has tary, Securities and Exchange Commis­ It is stated that the subsidiary com­ been finally disposed of and the validity sion, 425 Second Street NW., Washing­ panies will use the proceeds received by of the consolidation upheld. ton 25, DVC. At any time thereafter such them to reduce or to pay off in its en­ All interested persons are referred to declaration as filed, or as amended, may tirety debt incurred for construction said application which is on file at the be permitted to become effective as pro­ purposes. office of this Commission in Washington, vided in Rule U-23 of the rules and regu­ NEES has retained the services of The D. C., for a more detailed statement of lations promulgated pursuant to said act, First Boston Corporation as financial ad­ the matters of fact and law therein or the Commission may exempt such visor in connection with the proposed is­ asserted. transactions as provided in Rules U-20 suance and sale of said common shares Notice is hereby given that an order (a) and U-100 thereof. and the fee for such services is estimated granting the application may be issued All interested persons are referred to not to exceed $15,000 and the out-of- by the Commission at any time after said declaration which is on file in the pocket expenses not to exceed $750. The October 28, 1949, unless prior thereto a office of this Commission for a statement total expenses in connection with the hearing upon the application is ordered of the transactions therein proposed proposed issuance and sale of common by the Commission, as provided in Rule which may be summarized below: shares is estimated not to exceed $183,500 N-5 of the rules and regulations pro­ NEES proposes to issue and sell, for and such total expenses include the serv­ mulgated under the act. Any interested cash, 669,508 shares of common shares, ices performed by New England Power person may submit to the Commission having a par value of $1.00 per share. Service Company, an affiliated service in writing not later than October 26, The proposed issue and sale of said company, at the actual cost thereof. 1949 at 5:30 p. m. his views or any addi­ shares will be made pursuant to the NEES has requested that its declara­ tional facts bearing upon the application competitive bidding requirements of tion be permitted to become effective or the desirability of a hearing thereon, Rule U-50 promulgated under the act pursuant to Rule U-23 of the act without or a request to the Commission that a subject to the right of NEES’ common a hearing being held and that the Com­ hearing be held thereon. Any such com­ shareholders to subscribe for said new mission’s order become effective upon munication or request should state shares on the basis of one share for each issuance. briefly the nature of the interest of the ten shares held on the record date which By the Commission. person submitting such information or will be the effective date of the registra­ requesting a hearing, the reasons for tion statement filed with this Commission [seal] O rval L. DtjBois, such request, and the issues of fact or in connection with such issue and sale. Secretary. law raised by the application which he Such shareholders may subscribe for the [F. R. Doc. 49-8511; Filed, Oct. 24, 1949; desires to controvert. Any such commu­ new shares at a price to be fixed by the 8:46 a. m.] nication or request should be addressed: successful underwriter as the price to be Secretary, Securities and ' Exchange paid to NEES for the unsubscribed Commission, 425 Second Street NW., shares. Washington 25, D. C. The underwriting agreement will pro­ [Pile No. 812-504] vide, among other things, for the pay­ By the Commission. Cliffs Corp. ment by the prospective underwriters of [seal] \ O rval L. DuBois, a fixed amount (not yet determined but NOTICE OF APPLICATION * Secretary. to be supplied by amendment) per share to dealers who are members of the Na­ At a regular session of the Securities [F. R. Doc. 49-8512; Filed, Oct. 24, 1949; tional Association of Security Dealers in and Exchange Commission, held at its 8:47 a. m.] cases where the dealer, whose name ap­ office in the city of Wàshington, D. C„ pears on a warrant exercised by the on the 19th day of October A. D. 1949. holder of presently outstanding common Notice is hereby given that The Cliffs DEPARTMENT OF JUSTICE shares, is a member of the group of se­ Corporation (the applicant), a registered curities dealers managed by the under­ investment company, has filed an appli­ Office of Alien Property cation pursuant to section 8 (f) of the writers and subject to the agreements Au th o rity : 40 Stat. 411, 55 Stat. 839, Pub. between the underwriters and the deal­ Investment Company Act of 1940 (the Laws 322, 671, 79th Cong., 60 Stat. 50, 925; 50 ers. The maximum amount payable with act) requesting that it be declared no U. S. C. and Supp. App. 1, 616; E. O. 9193, respect to shares delivered to any single longer to be an investment company July 6, 1942, 3 CFR, CUm. Supp., E. Ö. 9567, holder of warrants will be limited to an within the meaning of the act and that June 8, 1945, 3 CPR, 1945 Supp., E. O. 9788, amount to be determined later and to be its registration under the act be termi­ Oct. 14, 1946, 11 P. R. 11981. nated. supplied by amendment. The under­ [Vesting Order 13641, Arndt.] writing agreement further provides that The application states that: NEES will reimburse the prospective Pursuant to an Agreement of Consoli­ Carl R ichard H erold underwriters for the payment of this dation, duly approved by its Board of Di­ compensation to the dealers. rectors and adopted by the requisite vote in re: Estate of Carl Richard Herold NEES further proposes in its declara­ of its shareholders, the applicant was deceased. File No. D-28-11229; E. T. sec. tion to stabilize the price of its common consolidated with The Cleveland-Cliffs 15605. Tuesday, O ctober 25, 1949 FEDERAL REGISTER 6507 Vesting Order 13641, dated August 10, dence of ownership or control by Michael is property within the United States 1949, is hereby amended as follows and Imhof, the aforesaid national of a desig­ owned or controlled by, payable or deliv­ not otherwise: nated enemy country (Germany) ; erable to, held on behalf of or on account By deleting the phrase “Sophie Devoe, of, or owing to, or which is evidence of and it is hereby determined: ownership or control by, the aforesaid as Administratrix” appearing in sub- 3. That to the extent that the person paragraph 3 of said Vesting Order 13641 named in subparagraph 1 hereof is not national of a designated enemy country and substituting therefor the phrase within a designated.enemy country, the (Germany); “Surrogate of Hudson County, New Jer­ national interest of the United States re­ and it is hereby determined: sey, as depositary”. quires that such person be treated as a 3. That to the extent that the person Ail the other provisions of said Vest­ national of a designated enemy country named in subparagraph 1 hereof is not ing Order 13641 and all actions taken by (Germany). Within a designated enemy country, the or on behalf of the Attorney General of All determinations and all action re­ national interest of the United States the United States in reliance thereon, quired by law, including appropriate con­ requires that such person be treated as a pursuant thereto and under the author­ sultation and certification, having been national of a designated enemy country ity thereof are hereby ratified and made and taken, and, it being deemed (Germany). confirmed. necessary in the national interest, All determinations and all action re­ Executed at Washington, D. C., on There is hereby vested in the Attorney quired by law, including appropriate con­ October 11, 1949. General of the United States the property sultation and certification, having been described above, to be held, used, admin­ made and taken, and, it being deemed For the Attorney General. istered, liquidated, sold or otherwise dealt necessary hi the national interest, [seal! H arold I. B aynton, with in the interest of and for the benefit There is hereby vested in the Attorney Deputy Director, of the United States. General of the United States the prop­ Office of Alien Property. The terms “national” and “designated erty described in subparagraph 2-a here­ [F. R. Doc. 49-8501: Filed, Oct. 21, 1949; enemy country” as used herein shall have of, subject to recorded liens, encum­ 8:48 a. m.] the meanings prescribed in section 10 of brances and other rights of record held Executive Order 9193, as amended. by or for persons who are not nationals EXecuted at Washington, D. C., on of designated enemy countries, and October 4, 1949. There is hereby vested in the Attorney [Vesting Order 13902] General of the United States the prop­ For the Attorney General. M ichael I mhof erty described in subparagraph 2-b [seal] D avid L. Bazelon, hereof, In re: Debts owing to and stock owned Assistant Attorney General, All such property so vested to be held, by Michael Imhof. F-28-29207-D-l. Director, Office of Alien Property. used, administered, liquidated, sold or Under the authority of the Trading otherwise dealt with in the interest of With the Enemy Act, as amended, Exe­ [F. R. Doc. 49-8540; Filed, Oct. 24, 1949; and for the benefit of the United States. cutive Order 9193, as amended, and 8:55 a.m .] The terms “national” and “designated Executive. Order 9788, and pursuant to enemy country” as used herein, shall law, after investigation, it is hereby have the meanings prescribed in Section found: 10 of Executive Order 9193, as amended. 1. That Michael Imhof, whose last [Vesting Order 13936] Executed at Washington, D. C., on known address is 492^ Ludwigstrasse, Ludwig Bellwinkel Lohr/Main, Germany, is a resident of October 18, 1949. Germany and a national of a designated In re: Interest in real property and For the Attorney General. enemy country (Germany); property insurance certificate owned by 2. That the property described as fol­ Ludwig Bellwinkel. [seal] H arold I. B aynton, lows: Under the authority of the Trading Deputy Director, a. Those certain debts or other obliga­ With the Enemy Act, as amended, Exec­ Office of Alien Property. tions, matured or unmatured, evidenced utive Order 9193, as amended, and Exec­ Exhibit A by one (1) St. Louis-San Francisco Rail­ utive Order 9788, and pursuant to law, after investigation, it is hereby found: All those tracts or parcels of land, situate way Company 4% Gold Bond Series A, in in the City of Tonawanda, County of Erie, bearer form, due July 1, 1950, face value 1. That Ludwig Bellwinkel whose last State of New York, described as follows: $250.00, bearing the number Y 3344, and known address is Hollich 149 Burgstein- Being a part of Subdivision Lot Number all rights to demand, enforce and collect furt-Westfalen, Germany, is a resident One Hundred Ten (110) in Great Lot Num­ the aforesaid debts, together with all of Germany and a national of a desig­ ber Eighty-six (86), according to Tobias Wdt- rights in, to and under said bond, and nated enemy country (Germany); mer’s map of 1857, filed in Erie County Clerk’s 2. That the property described as fol­ Office, New York, under cover Number 42 of b. Those certain debts or other obliga­ maps, and being more particularly described tions, matured or unmatured, evidenced lows: a. An undivided one-fifth (l/5th) in­ as Lot Number Six (6) as laid out on a Sub­ by two (2) The Denver and Rio Grande division Map of Lot Number One Hundred Western Railroad Company 5% General terest in real property situated in the Ten (110), Great Lot Number Eighty-six (86), Mortgage Sinking Fund Gold Bonds, in City of Tonawanda, County of Erie, State Block Four (4), made for Minnie Hackford, bearer form, due August 1, 1955, bearing of New York, particularly described in by J. G. Palmer, Civil Engineer, and amended the numbers D 1512 and M 20908, face Exhibit A, attached hereto and by refer­ by T. W. Barrally, August 15th, 1921, and filed value $500.00 and $1,000.00 respectively, ence made a part hereof, together with in Erie County Clerk’s Office, New York, on and all rights to demand, enforce and all hereditaments, fixtures, improve­ November 19, 1925, under Cover Number 1326 ments, and appurtenances thereto, and of Maps, and more particularly bounded and collect the aforesaid debts, together with described as follows: Beginning at a Point all rights in, to and under said bonds, in­ any and all claims for rents, refunds, in the west line of Main Street at a distance cluding particularly but not limited to benefits or other payments, arising from of One Hundred Sixty-eight and Two-tenths the right to receive two and one hundred the ownership of such property, (168.2) feet northerly from the point of inter­ ninety-one thousandths (2.191) shares of b. All right, title, interest and claim section of the west line of Main Street and $100.00 par value common capital stock of the person named in subparagraph 1 the northeasterly line of Kohler Street and of the aforesaid The Denver and Rio hereof in and to Fire Insurance and Ex­ which point is the intersection of the north­ tended Coverage Certificate Number erly line of said Lot Number Six (6) with the Grande Western Railroad Company un­ west line of Main Street; thence running der a plan of reorganization confirmed 58671, in the amount of $6,000.00, issued westerly on the north line of said Lot Number by the District Court of the United States by Stock Certificate Association, 422 K Six (6) and at right angles to the west line for the District of Colorado on November Street NW, Washington, D. C., which cer­ of Main Street, One Hundred Fifty-one and 29, 1944, tificate expires October 10, 1949, and Fifty-four One-Hundredths (151.54) feet, to insures the real property described in the northeasterly line of Kohler Street; is property within the United States, thence southeasterly along the northeasterly owned or controlled by, payable or de­ subparagraph 2-a hereof, together with line of Kohler Street to the south line of liverable to, held on behalf of or on ac­ any and all extensions or renewals said Lot Number Six (6); thence running count of, or owing to, or which is evi- thereof, easterly on the southerly line of Lot Number 6508 NOTICES

Six (6) and parallel with the northerly line Appropriate documents and papers 1943), relating to United States Letters Pat­ of said Lot Number Six (6) to a point in the ent Nos. 2,048,771 and 2,219,610. west line of Main Street which point is One effectuating this order will issue. Hundred Twenty-eight and two-tenths Executed at Washington, D. C., on Executed at Washington, D. C., on (128.2) feet northerly from the point of October 19, 1949. October 17, 1949. Intersection of the west line of Main Street and the northeasterly line of Kohler Street, For the Attorney General. For the Attorney General. and thence northerly along the west line of [seal] D avid L. B azelon, [seal] H arold I. Baynton, Main Street Forty (40) feet to the point or Assistant Attorney General, Deputy Director, place of beginning. Office of-Alien Property. Being a part of Subdivision Lot Number 7, Director, Office of Alien Property. in Great Lot Number 86, according to Tobias [F. R. Doc. 49-8504; Filed, Oct. 21, 1949; [F. R. Doc. 49-8542; Filed, Oct. 24, 1949; 8:48 a. m.] Witmer’s Map of 1857, filed in Erie County 8:55 a. m.] Clerk’s Office, New York, under Cover Number 42 of Maps, and being the northerly Three and Two-tenths (8.2) feet of said Lot Number 7, under Map cover number 1326. [Return Order 434, Arndt.] P h ilip Sidney Baldwin [F. R. Doc. 49-8541; Filed, Oct. 24, 1949; H ector D ieudonne et al. 8:55 a. m.] NOTICE OF INTENTION TO RETURN VESTED Return Order No. 434, dated September PROPERTY 21,1949 is hereby amended as follows and Pursuant to section 32 (f) of the Trad­ not otherwise: By deleting under “property” the sum [Return Order 464] ing With the Enemy Act, as amended, notice is hereby given of intention to re­ of $12,510.94, described as a debt due E gidio and Antoinetta D ’E ustachio turn, on or after 30 days from the date of Amerlux Steel Corporation of California, Having considered the claim set forth publication hereof, the following prop­ and substituting therefor the sum of below and having issued a determination $12,528.84. erty located in Washington, D. C., in­ All other provisions of said Return Or­ allowing the claim, which is incorporated cluding all royalties accrued thereunder by reference herein and filed herewith, der No. 434 and all actions taken by or and all damages and profits recoverable on behalf of the Attorney General of It is ordered, That the claimed prop­ for past infringement thereof, after ade­ the United States in reliance thereon, erty, described below and in the deter­ quate provision for taxes and conserva­ mination, be returned, subject to any pursuant thereto and under the author­ increase or decrease resulting from the tory expenses: ity thereof are hereby ratified and con­ administration thereof prior to return, Claimant, Claim No., and Property firmed. and after adequate provision for taxes Philip Sidney Baldwin, Florence, Italy; Executed at Washington, D. C., on and conservatory expenses: 11771; Property described in Vesting Order October 18, 1949. Claimant, Claim No., Notice of Intention to No. 201 (8 F. R. 625, January 16, 1943), relat­ For the Attorney General. Return Published, and Property ing to United States Letters Patent Nos. 2,197,915 and 2,276,009; property described in [seal] H arold I. Baynton, Egidio D’Eustachio and Antoinetta D’Eu­ Vesting Order No. 1031 (8 F. R. 4207, April 2, Deputy Director, stachio, Brooklyn, New York, Claim No. 1943), relating to Patent Application Ser. No. 32669; September 9, 1949 (14 F. R. 5554); 334,661 (now United States Letters Patent No. Office of Alien Property. $5,978.81 in the Treasury of the United 2,326,116); and property described in Vesting [F. R. Doc. 49-8502; Filed, Oct. 21, 1949; States. Order No. 2246 (8 F. R. 14020, October 14, 8:48 a. m.]