EDERAI. REGISTER %, '9 3 4 VOLUME 13 NUMBER 142 * Í/A/ITEO ^ Washington, Thursday, July 22, 1948

(5) to utilize the services of any or all de­ CONTENTS TITLE 3— THE PRESIDENT partments and any and all officers or agents of the United States, and to accept the serv­ PROCLAMATION 2799 ices of all officers and agents of the several THE PRESIDENT States, Territories, and possessions, .and sub­ R egistration Proclamation divisions thereof, and the District of Colum­ Long-staple cotton, supplemental BY THE PRESIDENT OF THE UNITED STATES bia, and of private welfare organizations, in the execution of this title; quota on imports------4176 OF AMERICA * * * * , * Registration______4173 A PROCLAMATION Sec. 15. (a) Every person shall be deemed Executive Order WHEREAS title I of the Selective Serv­ to have notice of the requirements of this Selective Service; prescribing por­ title upon publication by the President of a ice Act of 1948, approved June 24, 1948, proclamation or other public notice fixing a tions of regulations, and author­ contains, in part, the following provi­ time for any registration under section 3. izing Director to perform cer­ sions: tain functions of President----- 4177 NOW, THEREFORE, I, HARRY S. Sec. 3. Except as otherwise provided in EXECUTIVE AGENCIES this title, it shall be the duty of every male TRUMAN, President of the United States citizen of the United States, and every other of America, acting under and by virtue of Agriculture Department male person residing in the United States, the authority vested in me by title I of who, on the day or days fixed for the first the Selective Service Act of 1948, do pro­ See also Farm Credit Administra­ or any subsequent registration, is between claim the following: tion. the ages of eighteen and twenty-six, to pre­ 1. The registration of male citizens ofProposed rule making: sent himself for and submit to registration the United States and other male persons Grapefruit juice, canned; U. S. a+ such time or times and place or places, residing in the United States who shall standards for grades------4192 and in such manner, as shall be determined have attained the eighteenth anniversary Tangerine juice, canned; U. S. by proclamation of the President and by standards for grades------4196 rules and regulations prescribed hereunder. of the day of their birth and who shall Tokay grapes in California ***** have not attained the twenty-sixth anni­ (Corr.)______4199 Sec. 6. (a) Commissioned officers, warrant versary of the day of their birth shall officers, pay clerks, enlisted men, and aviation take place in the several States of the Rules and regulations: cadets of the Regular Army, the Navy, the United States, the District of Columbia, Kentucky bluegrass seed; ex­ Air Force, the Marine Corps, the Coast Guard, the Territories of Alaska and Hawaii, emption of labeling require­ the Coast and Geodetic Survey, and the Pub­ Puerto Rico, and the Virgin Islands be­ ments______4181 lic Health -Service; cadets, United States Poultry and rabbits, dressed, Military Academy; midshipmen, United tween the hours of 8:00 A. M. and 5:00 and edible products thereof; States Navy; cadets, United States Coast P. M. on the day or days hereinafter inspection and certification Guard Academy; members of the reserve designated for their registration, as fol­ for condition and wholesome­ components of the armed forces, the Coast lows: ness ______4181 Guard, and the Public Health Service, while (a) Persons born in the year 1922 after on active duty; and foreign diplomatic repre­ August 30, 1922, shall be registered on Alien Property, Office of sentatives, technical attachés of foreign em­ Monday, the 30th day of August, 1948. Notices : bassies and legations, consuls general, con­ (b) Persons born in the year 1923 shall Vesting orders, etc.: suls, vice consuls, and other consular agents be registered on Tuesday, the 31st day Bisinger, Hubert______4213 of foreign countries who are not citizens of of August, 1948, or on Wednesday, the 1st Kutsch, Otto------4214 the United States, and members of their day of September, 1948. Muffler, Kathe Bremer, and families, and persons in other categories.to (c) Persons born in the year 1924 Peter Bremer------— 4212 be specified by the President, residing in the shall be registered on Thursday, the 2nd Sakurai, Samy Takaichi— __ 4213 United States, and who have not declared day of September, 1948, or on Friday, the Wurst, Leopold------4213 their intention to become citizens of the 3rd day of September, 1948. Army Department United States, shall not be required to be (d) . Persons born in the year 1925 shall registered under section 3 and shall be re­ Rules and regulations: be registered on Saturday, the 4th day Oregon; list of Executive orders, lieved from liability for training and service of September, 1948, or on Tuesday, the under section 4 (b). proclamations and public land 7th day of September, 1948. orders affecting military res­ ***** (e) Persons born in the year 1926 shall (k) No exception from registration, or ex­ be registered on Wednesday, the 8th day ervations______4182 emption or deferment from training and of September, 1948, or on Thursday, the Civil Aeronautics Administra- service, under this title, shall continue after 9th day of September, 1948. " tion the cause therefor ceases to exist. ***** (f) Persons born in the year 1927 shall Proposed rule making: be registered on Friday, the 10th day of Recordation: Sec. 10. * * • September, 1948, or on Saturday, the 11th Aircraft ownership------4200 (b) The President is authorized— day of September, 1948. Conveyances; procedure------4199 (l) to prescribe the necessary rules and (g) Persons born in the year 1928 shall regulations to carry out the provisions of this Encumbrances against air­ title; be registered on Monday, the 13th day of craft engines, propellers, ***** (Continued on p. 4175) appliances, spare parts----- 4201 4173 4174 RULES AND REGULATIONS

CONTENTS— Continued CONTENTS— Continued FEDEMOfÿRÈGISTER Customs Bureau Pa8® Fish and Wildlife Service Pase \ 1934 ¿0^ Rules and regulations : Rules and regulation?: Documentation of vessels; issu­ Minnesota; establishment, etc., Published daily, except Sundays, Mondays, ance of cruising licenses to of national wildlife refuge_4190 and days following official Federal holidays, foreign-flags yachts______4185 Food and Drug Administration by the Division of the Federal Register, the Defense Transportation, Office National Archives, pursuant to the authority Rules and regulations: contained in the Federal Register Act, ap­ of Antibiotic drugs, tests and meth- proved July 26, 1935 (49 Stat. 500, as Rules and regulations: ods of assay______4186 amended; 44 U. S. C., ch. 8B), under regula­ Rail equipment, conservation; Penicillin- or streptomycin-con­ tions prescribed by the Administrative Com­ shipments of new fresh taining drugs, certification of mittee, approved by the President. Distribu­ harvested Irish potatoes__ 4190 batches______4186 tion is made only by the Superintendent of Documents, Government Printing Office, Exception______4190 Indian Affairs, Office of Washington 25, D. C. Farm Credit Administration Rules and regulations: The regulatory material appearing herein Is keyed to the Code of Federal Regulations, Rules and regulations : Budgets, individual, not in ex­ which is published, under 50 titles, pursuant National farm loan associa­ cess of $10,000______4188 to section 11 of the Federal Register Act, as tions; prohibited acts by per­ Interior Department amended June 19, 1947. sonnel______!______4181 The F e d e r a l R e g is t e r will be furnished b y See also Fish and Wildlife Serv­ mail to subscribers, free of postage, for $1.50 Federal Communications Com­ ice; Indian Affairs, Office of; per month or $15.00 per year, payable in ad­ mission Land Management, Bureau of. vance. The charge for individual copies Notices : Rules and regulations; (minimum 15«f) varies in proportion to the Hearings, etc.: Payments to school districts; size of the issue. Remit check or money Boulder City School District, order, made payable to the Superintendent Allegheny Broadcasting Corp. of Documents, directly to the Government et al______4208 Nevada Boulder Canyon Printing Office, Washington 25, D. C. All Nations Broadcasting Co. Project______»___ 4188 There are no restrictions on the republica­ and Neponset Radio Corp_ 4204 Internal Revenue Bureau tion of material appearing in the F e d e r a l Cameron, George E., Jr., et al_ 4203 R e g is t e r . Proposed rule making: Empire Broadcasting Co____ 4207 Vendors of newspapers and Falls County Public Service magazines; employment tax et aJ______4203 regulations______4191 1947 SUPPLEMENT Foulkrod Radio Engineering to the Co______:______4206 Interstate Commerce Commis­ Heights Broadcasting Co— 4206 sion CODE OF FEDERAL Hudson Valley Broadcasting Rules and regulations : REGULATIONS Co., Inc., et al______4205 Car service: KRGV, In c „ ______4207 Box cars, free time at Pacific The following books are now Lake Shore Broadcasting Co. coast ports______4190 available: et al------—______4208 Refrigerator cars for fruit and Laredo Broadcasting Co____ 4208 vegetable containers_____ 4190 Book 1: Titles 1 through 7, Oliver Broadcasting Corp. including, in Title 3, Presiden­ (WPOR) and Lowell Sun Land Management, Bureau of tial documents in full text with Publishing Co______4202 Notices: appropriate reference tables and Parish Broadcasting Corp__ 4207 Alaska; notice for filing ob­ index. Perkins, Mark, and Metro­ jections to public land order Book 2: Titles 8 through 17. politan Broadcasting Co— . 4205 withdrawing land for use as Rock Creek Broadcasting administrative site and re­ Book 3: Titles 18 through 30. Corp______4207 duction of air-navigation site Book 4: Titles 31 through 42. Seminole Broadcasting Co___ 4206 withdrawal______4201 Book 5: Titles 43 through 50. Southern California Broad­ Arizona; order providing for These books may be obtained from the casting Co. (KWKW) and opening of public lands_____ 4202 Superintendent of Documents, Government Orange County Broadcast­ Oregon; notice for filing objec­ Printing Office, Washington 25, D. C., at ing Co______— 4208 tions to public land order $3.50 per copy. Steel City Broadcasting Corp. withdrawing public lands for A limited sales stock of the 1946 Sup­ et al______* 4206 use of Department of the plement (6 books) is still available at Suburban Broadcasting Corp. Army for flood control pur­ $3.50 a book. (WRUD)______4207. poses ______4201 Woodward Broadcasting Co_ 4207 Utah; filing of plat of survey— 4202 WZHD, Inc______4206 Rules and regulations: Young, Charles H., and An­ Alaska; withdrawal of public CONTENTS— Continued derson Broadcasting Co., land for use as administrative Inc______4205 Civil Aeronautics Administra- Pase site and reduction of air- navigation site withdrawal— 4189 tion— Continued Federal Power Commission Proposed rule making—Continued Notices: California; modification of EO Recordation—Continued Hearings, etc.: 6206______:______4189 Encumbrances against spe­ Minnesota Power and Light Minnesota; modification of Bel­ cifically identified aircraft Co. and Superior Water, trami wildlife management engines______4200 Light and Power Co------4209 area (Corr.)______4189 Rules and regulations: Penn-York Natural Gas Corp_ 4209 Oregon; withdrawal of public CAA specifications; airplane op­ United Natural Gas Co. and lands for use of Department erating manual: Texas Eastern Transmis­ of the Army for flood control Airplane airworthiness_____ 4182 sion Corp______4209 purposes______4189 Transport categories_____ 4182 Federal Trade Commission Organization and procedure; Civil Aeronautics Board Rules and regulations: delegations to chiefs of divi­ See Civil Aeronautics Administra­ Cease and desist order; Jack sions and chiefs of subdivi­ tion. Field...... 4185 sions of divisions______4189 4175 Thursday, July 22, 1948 FEDERAL REGISTER CODIFICATION GUIDE— Con. CONTENTS— Continued CODIFICATION GUIDE— Con. Title 43— Public Lands: Inte- Page Securities and Exchange Com- pft8® Title 14— Civil Aviation Page rior— Continued mission Chapter I—Civil Aeronautics Board: Chapter I—Bureau of Land Man-_^ Notices: Part 04a—Airplane airwçrthi- agement, Department of the Hearings, etc.: ness------4182 Interior: Chicago, Milwaukee, St. Paul Part 04b—Airplane airworthi­ Part 50—Organization and pro­ & Pacific Railroad Co. (2 ness; transport categories— 4182 cedure------*— ------4189 documents)______4209, 4210 ■Chapter II—Civil Aeronautics Ad­ Appendix—Public land orders: Illinois Power Co------4211 ministration, Department of 495 ______— 4189 National Fuel Gas Co. et al__ 4210 Commerce: 497 ______4189 Newmont Mining Corp. et al_ 4212 Part 405—Procedure of the Civil 498 ______— 4189 Philadelphia Co. et al------4210 Aeronautics Administration 499 ______- 4189 Standard Gas and Electric Co. (proposed)------— 4199 Title 49— Transportation and and Wisconsin Public Serv­ Part 503—Recordation of air­ Railroads ice Corp------4211 craft ownership (proposed) — 4200 Chapter I—Interstate Commerce Selective Service Records, Office Part 504—Recordation of en­ Commission: cumbrances against specifi­ Part 95—Car service (2 docu­ of cally identified aircraft en­ ments) ------4190 Rules and regulations: gines (proposed)------4200 Transfer of functions------4188 Chapter II—Office of Defense Part 505—Recordation of en­ Transportation: State Department cumbrances against aircraft Part 500—Consèrvation of rail Rules and regulations: engines, propellers, appli­ equipment------—— 4190 Surplus property located in for­ ances, or spare parts (pro­ -Part 520—Conservation of rail eign areas; importation into posed) ------— 4201 equipment; exceptions, per­ U. S. (Corr.)------— 4188 Title 16— Commercial Practices mits and special directions— 4190 Chapter I—Federal Trade Com­ Title 50— Wildlife CODIFICATION GUIDE mission: Chapter I—Fish and Wildlife Serv­ Part 3—Digest of cease and de­ ice, Department of the Inte­ A numerical list of the parts of the Code sist orders — ------4185 of Federal Regulations affected by documents rior: published in this issue. Proposed rules, as Title 19— Customs Duties Part i l —Establishment, etc., of opposed to final actions, are identified as Chapter I—Bureau of Customs, national wildlife refuges------4190 such. Department of the Treasury: Part 3—Documentation of ves­ September, 1948, or on Tuesday, the 14th Title 3— The President sels______.— ------4185 Chapter I—Proclamations: day of September, 1948. Title 21— Food and Drugs (h) Persons born in the year 1929 shall 2351 (see Proc. 2800)------4176 be registered on Wednesday, the 15th 2799 ------4173 Chapter I—Food and Drug Ad­ ministration, Federal Secu­ day of September, 1948, or on Thursday, 2800 ______4176 the 16th day of September, 1948. Chapter n —Executive orders: rity Agency: Part 141—Tests and methods (i) Persons born in the year 1930 be­ 6206 (modified by PLO 499)----- 4189 fore September 19, 1930, shall be regis­ 9979__—______4177 of assay for antibiotic drugs- 4186 Part 146—Certification o f tered on Friday, the 17th day of Septem­ Title 6—-Agricultural Credit batches of penicillin- or ber, 1948, or on Saturday, the 18th day Chapter I—Farm Credit Adminis­ streptomycin-c o n t a i n In g of September, 1948. tration: drugs------—------4186 (j) Persons who were born on or after Part 11—National Farm Loan September 19,1930, shall be registered on Associations------4181 Title 25— Indians the day they attain the eighteenth an­ Chapter I—Office of Indian Af­ niversary of the day of their birth, or Title 7— Agriculture fairs, Department of the In­ within five days thereafter. Chapter I—Production and Mar­ terior: 2. (a) Every male citizen of the United keting Administration Part 221—Individual Indian States and every other male person re­ (Standards, Inspections, Mar­ money regulations------4188 siding in the United States other than keting Practices): Title 26— Internal Revenue persons excepted by section 6 (a) of title Part 52—Processed fruits, vege­ Chapter I—Bureau of Internal I of the Selective Service Act of 1948, tables, and other products Revenue, Department of the who is within any of the several States (inspection, certification and Treasury: of the United States, the District of Co­ standards) (proposed) (2 Part 402—Employees’ tax and lumbia, the Territory of Alaska, the Ter­ documents)— ------4192, 4196 employers’ tax under the Fed­ ritory of Hawaii, Puerto Rico, or the Part 56—Dressed,.poultry and eral Insurance Contributions Virgin Islands and who shall have at­ dressed domestic rabbits and Act (proposed)------4191 tained the eighteenth anniversary of the edible products thereof (in­ Part 403/—Excise tax on em­ day of his birth and who shall have not spection and certification for ployers under the Federal attained the twenty-sixth anniversary of condition and wholesome­ Unemployment Tax Act the day of his birth on the day or any ness)______4181 (proposed)------— ------4191 of the days fixed herein for his registra­ Part 201—Federal Seed Act reg­ tion is required to and shall on that day ulations ------— — 4181 Title 32— National Defense or any of those days present himself Chapter IX—Production and Chapter VI—Office of Selective, for and submit to registration before a Marketing Administration Service Records— ------*----- 4188 duly designated registration official or (Marketing Agreements and Chapter XXIV — Department of selective service local board having juris­ Orders): State, Disposal of Surplus diction in the area in which he has his Part 951—Tokay grapes grown Property: permanent home or in which he may in California (proposed)------4199 Part 8508—Disposal of surplus happen to be on that day or any of those property located in foreign days. . . .. Title 10— Army areas------— — 4188 (b) A person subject to registration Chapter V—Military Reservations may register after the day or days fixed and National Cemeteries: Title 43— Public Lands: Interior Subtitle A—Office of the Secretary for registration in case he is prevented Part 501—List of Executive or­ from registering on that day or any of ders, proclamations and pub­ of the Interior: Part 12—Payments to school those days by circumstances beyond his lic land orders affecting mill- ) control or because he is not present in tary reservations------4182 districts______—------4188 4176 RULES AND REGULATIONS any of the several States of the United PROCLAMATION 2800 made a supplemental investigation to de­ States, the District of Columbia, the Ter­ termine whether the circumstances re­ ritory of Alaska, the Territory of Hawaii, S upplemental Quota on Imports of quiring the import quotas on cotton Puerto Rico, or the Virgin Islands, on Long-S taple Cotton having a staple of lYs inches or more in that day or any of those days. If he is BY THE PRESIDENT OF THE UNITED STATES length continue to exist, or whether not in any of the several States of the OF AMERICA changed circumstances require the modi­ United States, the District of Columbia, fication of the quotas for the quota year the Territory of Alaska, the Territory of A PROCLAMATION beginning September 20,1947 or for sub­ Hawaii, Puerto Rico, or the Virgin WHEREAS pursuant to section 22 of sequent quota years; and Islands, on the day or any of the days the Agricultural Adjustment Act of 1933 WHEREAS in the course of the said fixed for registration but subsequently as amended by section 31 of the act of supplemental investigation, after due enters any of the several States of the August 24, 1935, 49 Stat. 750, 773, as notice, a public hearing was held on United States, the District of Columbia, amended by section 5 of the act of Febru­ February 17, 1948, at which parties in­ the Territory of Alaska, the Territory of ary 29, 1936, 49 Stat. 1148, 1152, and as terested were given opportunity to be Hawaii, Puerto Rico, or the Virgin reenacted by section 1 of the act of June present, to produce evidence, and to be Islands, he shall within five days after 3, 1937, 50 Stat. 246 (7 U. S. C. 624), the heard, and, in addition to the hearing, such entrance present himself for and President issued a proclamation on Sep­ the Commission made such investigation submit to registration before a duly des­ tember 5, 1939 (No. 2351, 54 Stat. 2640) , as it deemed necessary for a full disclo­ ignated registration official or selective limiting the quantities of certain cotton sure and presentation of the facts; and service local board. If he is in any of the arid cotton waste which might be en­ WHEREAS the Commission has made several States of the United States, the tered, which proclamation was suspended findings of fact and has transmitted to District of Columbia, the Territory of in part or modified by the President’s me reports of such findings and its rec­ Alaska, the Territory of Hawaii, Puerto proclamations of December 19, 1940 (No. ommendations based thereon, together Rico, or the Virgin Islands, on the day 2450, 54 Stat. 2769), March 31, 1942 (No. with ^transcript of the evidence sub­ or any of the days fixed for registration 2544, 56 Stat. 1944), June 29, 1942 (No. mitted at the hearing, and has also trans­ but because of circumstances beyond his 2560, 56 Stat. 1963), February l, 1947 (No. mitted a copy of such reports to the control is unable to present himself for 2715, 12 F. R. 823), and June 9, 1947 (No. Secretary of Agriculture; and and submit to registration on that day 2734, 12 F. R. 3827); and WHEREAS the Commission has rec­ or any of those days he shall do so as WHEREAS the said proclamation of ommended that an additional quantity soon as possible after the cause for such September 5,1939 provides that the total not to exceed 18,000,000 pounds of cotton inability ceases to exist. quantity of cotton having a staple of lYa having a staple of 1 Ya inches or more 3. Every person subject to registration inches or more in length which may be but less than l1^ inches in length be is required to familiarize himself with entered, or withdrawn from warehouse, permitted entry during the quota year the rules and regulations governing reg­ for consumption in any year commenc­ ending September 19,1948, and that im­ istration and to comply therewith. ing September 20 shall not exceed 45,- ports under the supplemental quota 4. I call upon the Governors of each of 656,420 pounds; and should be permitted only to the extent the several States, the Territories of WHEREAS the said limitations on the that essential needs are found to exist, Alaska and Hawaii, Puerto Rico, and quantities of certain cotton and cotton in order to enable domestic users to ob­ the Virgin Islands and the Board of Com­ waste which might be entered were im­ tain their essential requirements for such missioners of the District of Columbia, posed after a finding by the President, on cotton : and all officers and agents of the United the basis of an investigation and report NOW, THEREFORE, I, Harry S. States and all officers and agents of of the United States Tariff Commission Truman, President of the United States the several States, the Territories of made under the provisions of the said of America, do hereby find and declare, Alaska and Hawaii, Puerto Rico, the Vir­ section 22 of the Agricultural Adjustment on the basis of the investigation and re­ gin Islands, and the District of Columbia, Act of 1933, as amended, that such cot­ ports of the United States Tariff Com­ and political subdivisions thereof, and ton and cotton waste were being im­ mission, that changed circumstances re­ all local boards which, and agents thereof ported into the United States under such, quire the modification of the said proc­ who, may be appointed under the pro­ conditions and in sufficient quantities as lamation of September 5, 1939 so as to visions of title I of the Selective Service to tend to render ineffective or mate­ permit the entry for consumption, or Act of 1948, or the regulations which rially interfere with the program under­ withdrawal from warehouse for con­ may be prescribed thereunder, to do and taken with respect to cotton under the sumption, during the quota year ending perform all acts and services necessary Soil Conservation and Domestic Allot­ September 19, 1948, of such additional to accomplish effective and complete reg­ ment Act, as amended; and quantity of cotton having a staple of tYa istration. WHEREAS the imposition of the inches or more but less than 1 % 5. In order that there may be full co­ aforesaid annual quotas on cotton hav­ inches in length as shall be found by the operation in carrying into effect the pur­ ing a staple of lYa inches or more in Tariff Commission to be essential, up to poses of title I of the Selective Service length was recommended by the United a total of 18,000,000 pounds, in addition Act of 1948, I urge all employers and States Tariff Commission in its report to the quantity of such cotton the entry Government agencies of all kinds—Fed­ (Report No. 137,2d Series) in connection of which has already been made under eral, State, territorial and local—to give with which it was stated, in finding No. 5, the said proclamation of September 5, those under their charge sufficient time that the quotas recommended “will pre­ 1939, during the said quota year, which in which to fulfill the obligations of reg­ vent imports from interfering with the additional quantit* I find should be per­ istration incumbent upon them under cotton program and at the same time will mitted entry in oruer to carry out the * the said Act and this proclamation. permit American industry to secure purposes of section 22 of the Agricul­ IN WITNESS WHEREOF, I have needed supplies of specialized types of tural Adjustment Act of 1933 as hereunto set my hand and caused the cotton”; and amended. Accordingly, pursuant to said seal of the United States of America to WHEREAS the total quantity of cotton section 22 of the Agricultural Adjust­ be affixed. having a staple of 1 Ye inches or more but ment Act of 1933 as amended, I hereby DONE at the City of Washington this less thaft I^Yls inches in length which modify the said proclamation of Septem­ 20th day of July in the year of our Lord may be entered for consumption or with­ ber 5, 1939 (No. 2351) so as to permit nineteen hundred and forty- drawn from warehouse for consumption during the quota year ending September [seal] eight, and of the Independence under the said proclamation of Septem­ 19, 1948, the entry for consumption, or of the United States of America ber 5,1939, as modified, during the quota withdrawal from warehouse for con­ the one hundred and seventy-third. year ending September 19, 1948, has al­ sumption, of such additional quantity of ready been entered, or withdrawn from cotton having a staple of 1 Ya inches or Harry S. T ruman warehouse, for consumption; and more but less than 1 xYia inches in By the President: WHEREAS pursuant to the said section length as shall be found by the Tariff 22 of the Agricultural Adjustment Act of G. C. Marshall, Commission to be essential, up to a total Secretary of State. 1933, as further amended by the acts of of 18,000,000l pounds: Provided, That no January 25, 1940, 54 Stat. 17, and July portion of such additional quantity of [F. R. Doc. 48-6607; Filed, July 20, 1948; 3, 1948, Public Law 897, 80th Congress, cotton shall be permitted entry for con­ 3:43 p. m.] the United States Tariff Commission has sumption, or withdrawal from ware- Thursday, July 22, 1948 FEDERAL REGISTER 4177 house for consumption, except by or for § 602.1 Definitions to govern. The P art 603—S elective S ervice P ersonnel the account of a person or firm engaged definitions contained in section 16 of in General title I of the Selective Service Act of 1948 Sec. in cotton manufacturing to whom the 603.1 Citizenship. said Tariff Commission has issued a and the definitions contained in this part 608.2 Voluntary services. license and subject, to the limitations shall govern in the interpretation of the 603.3 Uncompensated services. specified in such license. Selective Service Regulations. 603.4 Oath of office and other forms. I hereby find and declare that such ad­ § 602.2 Aliens, (a) The term “alien” 603.5 Termination of appointment. ditional quantity may be entered for con­ 603.6 Removal. means any person who is not a national 603.7 Suspension. sumption, or withdrawn from warehouse of the United States. 603.8 Vacancies. for consumption, during such quota year (b) The term “national of the United without rendering or tending to render States” means (1) a citizen of the United § 603.1 Citizenship. No person shall be ineffective or materially interfering with States or (2) a person who, though not appointed to any position, either com­ the domestic program undertaken with a citizen of the United States, owes per­ pensated or uncompensated, in the Selec­ respect to cotton, or reducing substan­ manent allegiance to the United States. tive Service System who is not a citizen tially the amount of any product proc­ of the United States. essed in the United States from cotton § 602.3 County. The word “county” includes, where applicable, counties, in­ § 603.2 Voluntary services. Voluntary produced in the United States. sèrvices in the administration of the The Tariff Commission is authorized dependent cities, and similar subdivi­ sions, such as the independent cities of selective service law may be accepted and to adopt such procedure and rules and should be encouraged. regulations as will assure the equitable Virginia, the parishes of Louisiana, and distribution of the additional permissible the towns of the New England States. § 603.3 Uncompensated services. The quantity of cotton among essential users § 602.4 Delinquent. A “delinquent” is services of registrars (except as tl^e whose current supplies of such cotton are a person required to be registered under Director of Selective Service may other­ inadequate. the selective service law who fails or wise provide), members of local boards, This proclamation shall become effec­ neglects to perform any duty required of members of appeal boards, government tively immediately. him under the provisions of the selective appeal agents and associate government IN WITNESS WHEREOF, I have here­ service law. appeal agents, medical advisors to the unto set my hand and caused the Seal local boards,- medical advisors to the § 602.5 Governor. The word “Gov­ State Directors of Selective Service, ad­ of the United States of America to be ernor” includes, where applicable, the affixed. visors to registrants, interpreters, and all DONE at the City of Washington this Governor of each of the States of the other persons volunteering their services twentieth day of July in the year of our United States, the Governor of the Ter­ to assist in the administration of the ritory of Alaska, the Governor of the selective service law shall be uncom­ Lord nineteen hundred and Territory of Hawaii, the Board of Com­ [seal] forty-eight, and of the Inde­ pensated, and no such person serving pendence of the United States missioners of the District of Columbia, without compensation shall accept remu­ the Governor of Puerto Rico, and the neration from any source for services of America the one hundred and seventy- Governor of the Virgin Islands of the third. rendered in connection with selective Harry S. T ruman United States. service matters. § 602.6 Inducted man. An “inducted By the President: § 603.4 Oath of office and other forms. man” is a man who has become a mem­ (a) Every person who undertakes to G. C. Marshall, ber of the armed forces through the op­ render voluntary uncompensated service Secretary of State. * eration of the Selective Service System. in the administration of the selective [F. E. Doc. 48-6642; Filed, July 21, 1948; § 602.7 Induction station. The term service law shall, before he enters upon 11:19 a. m.] “induction station” refers to any camp, his duties, execute an Oath of Office and post, ship, or station at which registrants Waiver of Pay (SSS Form No. 400). who have been designated by a local (b) Every person who undertakes to EXECUTIVE ORDER 9979 board to fill a call are received by the render compensated service in the ad­ military authorities and, if found ac­ ministration of the selective service law Prescribing Portions of the Selective' shall execute an oath of office in the form Service R egulations and Authorizing ceptable, are inducted into military service. prescribed by the Uhited States Civil the Director of Selective Service to Service Commission, Standard Form No. Perform Certain F unctions of the § 602.8 Military service. The term 61. President Under the Selective Service “military service” includes service in the (c) Compensated and uncompensated Act of 1948 Army, the Air Force, the Navy, and the personnel appointed for duty in the By virtue of the authority vested in me Marine Corps. Selective Service System shall execute by title I of the Selective Service Act of § 602.9 Registrant. Except as other­ such other forms as are required by law, 1948, approved June 24,1948, it is ordered wise'specifically provided, a “registrant” Executive order of the President, the as follows: is a person registered under the selective regulations of the United States Civil 1. I hereby prescribe the following service law. Service Commission, or the Director of portions of the regulations governing the , Selective Service. administration of title I of the said Act, § 602.10 Selective service law. The (d) When executed in the manner which shall constitute portions of parts term “selective service law” includes title hereinbefore provided, the Oath of Of­ 602, 603, 604, 606, 609, 611, 612, and 617 I of the Selective Service Act of 1948 and fice and Waiver of Pay (SSS Form No. of title 32, chapter VI, Code of Federal all rules and regulations issued there­ 400) and such other forms as may be Regulations, such regulations to be under. required shall be filed in accordance with known as the Selective Service Regula­ § 602.11 State. The word “State” in­ instructions issued by the Director of tions: cludes, where applicable, the several Selective Service. P art 602—D efinitions States of the United States, the City of § 603.5 Termination of appointment. Sec. New York, the Territory of Alaska, the The appointment of any deputy, officer, 602.1 Definitions to govern. Territory of Hawaii, the District of Co­ 602.2 Aliens. agent, employee, or other person engaged 602.3 County. lumbia, Puerto Rico, and the Virgin in the administration of the selective 602.4 Delinquent. Islands of the United States. service law, whether with or without 602.5 Governor. § 602.12 Singular and plural. Words compensation, may be terminated by 602.6 Inducted man. resignation, death, or removal, or, in ap­ 602.7 Induction station. importing the singular number shall in- propriate cases, by transfer or retire­ 602.8 Military service. lude the plural number, and words im­ 602.9 Registrant. porting the plural number shall include ment. 602.10 Selective service law. the singular, except where the context § 603.6 Removal, (a) Any person, 602.11 State. other than a compensated civilian of- 602.12 Singular and plural. clearly indicates otherwise. 4178 RULES AND REGULATIONS

ficer or employee, engaged in the ad­ administration of the Selective Service Director of Selective Service for the State ministration of the selective service law System, the conduct of its officers and of New York shall have no jurisdiction may be removed by the Director of Se­ employees, the distribution and perform­ in selective service matters within the lective Service. The Governor may rec­ ance of its business, and the custody, City of New York. The State Head­ ommend to the Director of Selective use, and preservation of its records, pa­ quarters for Selective Service for New Service the removal, for cause, of any pers, and property. York City shall be an office of record for person engaged in the administration of (b) To issue such public notices, or­ selective service operations only, and no the selective service law in his State. ders, and instructions as shall be neces­ records other than selective service rec­ The Director of Selective Service shall sary for carrying out the functions of ords shall be maintained in such office. make such investigation of the Gov­ the Selective Service System. ernor’s recommendation as he deems (c) To obligate and authorize expend­ § 604.14 Staff of State Headquarters necessary and upon completion thereof itures from funds appropriated for car­ for Selective Service, (a) Subject to ap­ shall take such action thereon as he rying out the functions of the Selective plicable law and within the limits of deems proper. Service System. available funds the staff of each State (b) Any compensated civilian officer (d) To appoint, and to fix, in accord­ Headquarters for Selective Service shall or employee engaged in the administra­ ance with the Classification Act of 1923, consist of as many officers, either mili­ tion of the selective service law may be as amended, so far as applicable, the tary or civilian, as shall be authorized removed in accordance with the rules compensation of, such officers, agents, by the Director of Selective Service. and regulations of the United States Civil and employees as shall be necessary for (b) In accordance with limitations Service Commission. carrying out the functions of the Selec­ imposed by the Director of Selective Service, the State Director of Selective § 603.7 Suspension. The Director of tive Service System. (e) To procure such space as he may Service is authorized to appoint such Selective Service may suspend any dep­ civilian personnel as he considers are re­ uty, officer, agent, employee, or other deem necessary for carrying out the functions of the Selective Service System quired in the operation of the State person engaged in the administration of Headquarters for Selective Service. the selective service law, pending his con­ by lease pursuant to existing statutes sideration of the advisability of removing e::cept that the provisions of the act of APPEAL BOARDS any such person. Suspensions of per­ June 30, 1932 (47 Stat. 412), as amended § 604.21 Area. Each State Director sons entitled to veterans’ preference un­ by section 15 of the act of March 3, 1933 of Selective Service shall establish one der the Veterans’ Preference Act of 1944, (47 Stat. 1517; 40 U. S. C. 278a),-shall appeal board area which shall comprise as amended, shall be in accordance with not apply to any lease so entered into. the entire State, except if a Director of the regulations prescribed by the United (f) To perform such other duties as Selective Service for New Y'ork City is States Civil Service Commission pursuant shall be required of him under the selec­ appointed one appeal board area shall be to that Act. During the period that any tive service law or which may be dele­ established for the entire State of New such person is suspended, he shall be dis­ gated to him by the President. York excepting the City of New York, qualified to act in £is official capacity. (g) To delegate any of his authority to such officers, agents, or persons as he and an additional appeal board area § 603.8 Vacancies. Vacancies may be shall be established for the City of New may designate, and to provide for the York. filled in accordance with instructions is­ subdelegation of any such authority. sued by the Director ©f Selective Service. § 604.22 Composition and appoint­ STATE ADMINISTRATION ment. For each appeal board area an Part 604—Selective S ervice Officers § 604.11 Governor. The Governor of appeal board, normally of five members, NATIONAL ADMINISTRATION each State is authorized to recommend a shall be appointed by the President, upon Sec. person to be appointed by the President recommendation of the Governor. The 604.1 Director of Selective Service. as State Director of Selective Service for members shall be male citizens of the STATE ADMINISTRATION his State, who shall represent the Gover­ United States who are not members of nor in all selective service matters. the armed forces or any reserve compo­ 604.11 Governor. nent thereof; they shall be residents of 604.12 State Director of Selective Service. § 604.12 State Director of Selective 604.13 State Director of Selective Service for Service. Subject to the direction and the area in which their board is ap­ New York City. control of the Director of Selective Serv­ pointed; and they shall be at least 30 604.14 Staff of State Headquarters for Se­ ice, the State Director of Selective Serv­ years old. The appeal board should be lective Service. a composite board, representative of the ice for each State shall be in immediate activities of its area, and as such should APPEAL BOARDS charge of the State Headquarters for 604.21 Area. Selective Service and shall be responsible include one member from labor, one 604.22 Composition and appointment. for carrying out the functions of the member from industry, one physician, 604.24 Jurisdiction. one lawyer, and, where applicable, one Selective Service System in his State. member from agriculture. If the num­ MEDICAL ADVISORS TO THE STATE DIRECTORS OF The State Headquarters for Selective ber of appeals sent to the board becomes SELECTIVE SERVICE Service shall be an office of record for too great for the board to handle with­ 604.31 Medical advisors to the State Direc­ selective service operations only, and no out undue delay, additional panels of tors of Selective Service. records other than selective service rec­ ords shall be maintained in such office. five members similarly constituted shall ADVISORS TO REGISTRANTS be appointed to the board by the Presi­ 604.41 Appointment and duties. I 604.13 State Director of Selective dent, upon recommendation of the Gov­ Service for New York City. The Gov­ ernor. Each such panel shall have full LOCAL BOARDS authority to act on all cases assigned to 604.51 Area. ernor of the State of New York is author­ 604.52 Composition and appointment. ized to recommend a person to be ap­ it. Each panel shall act separately. 604.54 Jurisdiction. pointed by the President as State Di--* The State Director of Selective Service rector of Selective Service for New York shall coordinate the work of all the MEDICAL ADVISORS TO THE LOCAL BOARDS City, who shall represent the Governor panels to effect an equitable distribution 604.61 Medical advisors to the local boards. in all selective service matters within the of the work load. City of New York. Subject to the direc­ GOVERNMENT APPEAL AGENTS § 604.24 Jurisdiction. The appeal tion and control of the Director of Selec­ 604.71 Appointment and duties. board shall have jurisdiction to review tive Service, the State Director of Selec­ and to affirm or change any decision ap­ NATIONAL ADMINISTRATION tive Service for New York City, if so ap­ pointed, shall be in immediate charge of pealed to it from any local board in its § 604.1 Director of Selective Service. the State Headquarters for Selective area or any decision appealed from any The Director of Selective Service shall Service for New York City and shall be local board not in its area when such ap­ be responsible directly to the President. responsible for carrying out the func­ peal is either transferred to it in the The Director of Selective Service is tions of the Selective Service System manner provided in these regulations, or hereby authorized and directed: within the City of New York. If a State Is appealed to it by or on behalf of any (a) To prescribe such rules and regu­ Director of Selective Service for New registrant whose principal place of em­ lations as he shall deem necessary for the York City be so appointed, the State ployment is located in its area or sub- Thursday, July 22, 1948 FEDERAL REGISTER 4179 mitted to it in the manner required by do and perform all acts within its juris­ P art 606—General Administration law. diction authorized by the selection service SELECTIVE SERVICE FORMS MEDICAL ADVISORS TO THE STATE DIRECTORS law. Sec. OF SELECTIVE SERVICE MEDICAL ADVISORS TO THE LOCAL BOARDS 606.51 Forms made part of regulations. § 604.31 Medical advisors to the State § 604.61 Medical advisors to the local SELECTIVE SERVICE FORMS Directors of Selective Service. The boards. The President may appoint for § 606.51 Forms made part of regula­ President may appoint, upon recom­ each local board, from qualified physi­ tions. (a) All forms and revisions there­ mendation of the Governor, from quali­ cians recommended by the Governor, one of referred to in these or any new or ad­ fied physicians, ohe or more medical ad­ or more medical advisors to advise the ditional regulations, or in any amend­ visors to each State Director of Selective local board regarding the physical and ment to these or such new or additional Service. It shall be the duty of such mental condition of its registrants. The regulations, and all forms and revisions medical advisors to furnish such advice State Director of Selective Service may thereof prescribed by the Director of Se­ concerning the physical and mental con­ authorize any duly appointed medical ad­ lective Service shall be ana become a dition of registrants as the State Direc­ visor to a local board to perform such part of these regulations in the same tor of Selective Service may require. functions for any local board within the manner as if each form, each provision ADVISORS TO REGISTRANTS State. therein, and each revision thereof were GOVERNMENT APPEAL AGENTS set forth herein in full. Whenever in § 604.41 Appointment and duties. any form or in the instructions printed Advisors to registrants shall be ap­ § 604.71 Appointment and duties, (a) thereon, any person shall be instructed pointed by the Director of Selective For each local board a government ap­ or required to perform any act in connec­ Service upon recommendation of the peal agent shall be appointed by the tion therewith, such person is hereby State Director of Selective Service to President upon recommendation of the charged with the duty of promptly and advise and assist registrants in the prep­ Governor. completely complying with such instruc­ aration of questionnaires and other se­ (b) One or more associate government tion or requirement. lective service forms and to advise regis­ appeal agents may be appointed by the (b) The Director of Selective Service, trants on other matters relating to their President for each local board when as to such persons or agencies as he des­ liabilities under the selective service law. either the government appeal agent ap­ ignates, may waive any requirement that Every person so appointed should be at pointed for that board or the local board any form be notarized or sworn to. least 30 years of age. *The names and requests such assistance and the Gov­ addresses of advisors to registrants ernor, being of the opinion that the cir­ within the local board area shall be con­ cumstances warrant such action, recom­ Part 609—Expenditures Other Than for spicuously posted in the local board mends appointment. Whenever an in­ Personal Services office. tercounty local board is established an EMERGENCY MEDICAL CARE, HOSPITALIZATION LOCAL BOARDS associate government appeal agent shall AND TRANSPORTATION AND BURIAL OF REMAINS be appointed by the President, upon Sec. § 604.51 Areas. The State Director recommendation of the Governor, for 609.51 Claims. of Selective Service for each State shall each county included within the local divide his State into local board areas. board area. EMERGENCY MEDICAL CARE, HOSPITALIZA­ Normally, no such area should have a (c) Each government appeal agent TION, AND TRANSPORTATION AND BURIAL population exceeding 100,000. There and associate government appeal agent OF REMAINS shall be at least one separate local board shall, whenever possible, be a person with § 609.51 Claims, (a) Funds appro­ area in each county; provided, that an legal training and experience and shall priated for the operation and mainte­ intercounty local board may be estab­ not be a member of the armed forces nance of the Selective Service System lished for an area not exceeding, five or any reserve component thereof. shall'be available for payment of actual counties within a State when the Direc­ (d) It shall be the duty of the gov­ and reasonable expenses of (1) emer­ tor of Selective Service determines after ernment appeal agent and in his ab­ gency medical care, including hospital­ considering the public interest involved sence or inability to act or at his ization of registrants who suffer illness or and the recommendation of the Gover­ direction, the duty of the associate gov­ injury, and (2) the transportation and nor that the establishment of such local ernment appeal agent: burial of the remains of registrants who board area will result in a more efficient (1) To expeditiously examine the rec­ suffer death, while acting under orders and economical operation. ords of registrants who have been issued by or under the authority of the § 604.52 Composition and appoint­ classified by the local board in order that Director of Selective Service, but the ex­ ment. (a) A local board of three or appeals to the appeal board, when found penses of burial, including preparation more members shall be appointed for necessary, may be filed within the time of the body, shall not exceed $150 in any each local board area by the President limit specified by the regulations, and to one case. upon recommendation of the Governor. appeal, as prescribed by the regulations, (b) The term “emergency medical (b) A local board of three or more from any classification by a local board care, including hospitalization” as used members, with at least one member from which, in his opinion, should be reviewed in this section shall be construed to mean each comity included within the inter­ by the appeal board. such medical care or hospitalization that county local board area, shall be ap­ (2) To attend such local board meet­ normally must be rendered promptly pointed for each intercounty local board ings as the local board may request him after occurrence of the illness or injury area by the President upon recommenda­ to attend. as a result of which it is required, and tion of the Governor. (3) To suggest to the local board a re­ discharged by a physician or facility sub­ (c) The members of local boards shall opening of any case where the interests sequent to such medical care or hospital­ be male citizens of the United States of justice, in his opinion, require such ization shall prima facie terminate the who shall be residents of a county in action and to submit to the local board, period of emergency. which their local board has jurisdiction with such suggestion, the information (c) The death of a registrant shall be and who shall also, if at all practicable, obtained by his investigation of the case deemed to have occurred while acting be residents of the area in which their which has caused him to arrive at his under orders issued by or under the au­ local board has jurisdiction. No mem­ decision that the case should be recon­ thority of the Director of Selective Serv­ ber of a local board shall be a member sidered. ice if it results directly from an illness or of the armed forces or any reserve com­ (4) To render such assistance to the injury suffered by the registrant while so ponent thereof. Members of local local board as it may request by advis­ acting and occurs prior to the comple­ boards shall be at least 30 years of age. ing the members and interpreting for tion of an emergency medical care, in­ them laws, regulations, and other direc­ cluding hospitalization, occasioned by § 604.54 Jurisdiction. The jurisdiction tives. such illness or injury. of each local board shall extend to all (5) To be equally diligent in protect­ (d) Claims for payment of expenses persons registered in, or subject to regis­ ing the interests of the Government and incurred for the purposes set forth in tration in, the area for which it was ap­ the rights of the registrant in all mat­ paragraph (a) of this section shall be pointed. It shall have full authority to ters. presented to the State Director of Selec- 4180 RULES AND REGULATIONS tive Service of the State In which the (c) On the day or days and between governing registration and to comply expenses were incurred, who shall deter­ the hours fixed for registration by Presi­ therewith. mine whether the claim shall be allowed dential proclamation, every man required (b) Every person is deemed to have or disallowed, in whole or in part, subject to do so under the foregoing provisions notice of the requirements of title I of to appeal within 60 days to the Director shall present himself for and submit to the Selective Service Act of 1948 and of of Selective Service. registration - before a duly designated the rules and regulations prescribed (e) Payment of such claims when al­ registration ofacial or the local board thereunder upon the publication by the lowed shall be made only (1) directly to having jurisdiction in the area in which President of a proclamation or other the person or facility with which the ex­ he has his permanent home or in which public notice fixing a time for registra- , penses were incurred, or (2) by reim­ he may happen to be on that day or tion. bursement to the registrant,' a relative any of those days. (c) Every person who, on the day or one of the days fixed for registration, is of the registrant, or the legal representa­ § 611.2 Change of status. Except as tive of the registrant’s estate, for original required to be registered is personally otherwise provided in section 611.3 of charged with the duty of presenting him­ payment of such expenses. this part, every man who would have (f) No such claim shall be paid unless self before the proper officials and sub­ been required to be registered on a day mitting to registration. it is presented within the period of one or one of the days fixed for registration year from the date on which the expenses (d) The duty of every person subject by Presidential proclamation except for to registration to present himself for and were incurred. the fact that he was in one of the groups (g) No such claim shall be allowed in submit to registration shall continue at mentioned in section 6 (a) of title I of all times, and if for any reason any such case it is determined that the cause of the Selective Service Act of 1948, shall injury, illness, or death was due to negli­ be required, under the provisions of sec­ person is not registered on the day or gence or misconduct of the registrant. one of the days fixed for his registration, tion 6 (k) of title I of the Selective Serv­ he shall immediately present himself for ice Act of 1948 to present himself for and submit to registration before the P art 611—D uty and R esponsibility to and submit to registration before a local local board in the area where he happens R egister board when a change in his status re­ to be. * Sec. moves him from such group. (e) Persons required to present them­ 611.1 Duty to be registered. § 611.3 Registration of men separated 611.2 Change of status. selves for and submit to registration shall 611.3 Registration of men separated from from armed forges. Every man who (a) not be paid for performing such obliga­ armed forces. has been separated from active service in tion nor shall they be paid travel allow­ 611.4 Registration of certain persons enter­ the armed forces, the Coast Guard, the ances or expenses. ing the United States. Coast and Geodetic Survey, or the Public 611.5 Inmate of institution. Health Service, (b) has not been regis­ 611.6 Responsibility for performance of tered prior to such separation, and (c) P art 612—R egistration Duties duty. would have been required to be registered n a t i o n a l d u t i e s Sec. § 611.1 Duty to be registered, (a) except for the fact that he was in such 612.1 Responsibility of Director of Selective Section 3 of title I of the Selective Serv­ active service on the day or days fixed Service. ice Act of 1948 requiring certain persons for his registration by Presidential proc­ to present themselves for and submit to lamation, shall present himself for and NATIONAL DUTIES registration reads as follows: submit to registration before a local § 612.1 Responsibility of Director of board within the period of 30 days fol­ Except as otherwise provided in this title, Selective Service. Whenever the Presi­ it shall be the duty of every male citizen of lowing the date on which he was so dent by proclamation or other public the United States, and every other male per­ separated. notice fixes a day or days for registration, son residing in the United States, who, on § 611.4 Registration of certain per­ the Director of Selective Service shall the day or days fixed for the first or any sons entering the United States, (a) take the necessary steps to prepare for subsequent registration, is between the ages of eighteen and twenty-six, to present him­ Every male person who would have been registration and, on the day or days fixed, self for and submit to registration at such required to register on any day or days shall supervise the registration of those time or times and place or places, and in fixed for registration by Presidential persons required to present themselves such manner, as shall be determined by proclamation had he been within the for and submit to registration. The Di­ proclamation of the President and by rules United States and who thereafter enters rector of Selective Service shall also ar­ and regulations prescribed hereunder. the United States shall present himself range for and supervise the registration (b) Section 6 (a) of title I of the Se­ for and submit to registration before a of persons who present themselves for lective Service Act of 1948 providing that local board within the period of five days registration at times! other than on the certain persons are not required to be following the date on which he enters day or days fixed for any registration. registered so long as they have a certain the United States. (b) Every male person, other than a Part 617—R egistration Certificate status reads as follows: person referred to in paragraph (a) of Commissioned officers, warrant officers, this section and a person excepted from IN GENERAL pay clerks, enlisted men, and aviation cadets registration by section 6 (a) of title I of Sec. of the Regular Army, the Navy, the Air Force, 617.1 Effect of failure to have Registration the Marine Corps, the Coast Guard, the the Selective Service Act of 1948, who Certificate in personal possession. Coast and Geodetic Survey, and the Public enters the United States subsequent to Health Service; cadets, United States Mili­ the day or days fixed by Presidential IN GENERAL tary Academy; midshipmen, United States proclamation for the registration of per­ § 617.1 Effect of failure to have Regis­ Navy; cadets, United States Coast Guard sons of his age, shall present himself for tration Certificate in personal possession. Academy; members of the reserve compo­ and submit to registration before a local Every person required to present himself nents of the armed forces, the Coast Guard, board within the period of 90 days follow­ for and submit to registration must have and the Public Health Service, while on ac­ ing the date on which he enters the tive duty! and foreign diplomatic repre­ a Registration Certificate (SSS Form No. sentatives, technical attaches of foreign em­ United States. 2) in his personal possession at all times. bassies and legations, consuls general, con­ § 611.5 Inmate of institution. Unless The failure of any person to have such suls, vice consuls, and other consular agents he has already been registered, every Registration Certificate (SSS Form No. of foreign countries who are not citizens of person subject to registration who is an 2) in his personal possession shall be the United States, and members of their inmate of an insane^asylum, jail, peni­ prima facie evidence of his failure to families, and persons in other categories to tentiary, reformatory, or similar insti­ register. be specified by the President, residing in the tution shall be registered on the day he 2. The Director of Selective Service is United States, and who have not declared leaves the institution. their intention to become citizens of the hereby authorized to appoint, and to fix, United States, shall not' be required to be § 611.6 Responsibility for perform­ in accordance with the Classification Act registered under section 3 and shall be re­ ance of duty, (a) Every person subject of 1923, as amended, the compensation lieved from liability for training and service to registration is required to familiarize of, State Directors of Selective Service under section 4 (b). himself with the rules and regulations and to appoint members of local boards, Thursday, July 22, 1948 FEDERAL REGISTER 4181 members of appeal boards, medical ad­ § 11.1052 Cases involving trivial in­ publication of this amendatory order in visors to the State Directors of Selective terest or relationship. In passing upon the F ederal R egister: Service, medical advisors to the local cases in which the question as to interest 1. Delete the provisions in paragraph boards, government appeal agents, and or relationship is involved, discretion (aa) of § 56.2 Terms defined (7 CFR and associate government appeal agents pro­ may be exercised to the extent of deem­ Supps. 56.2; 13 F. R. 1) and substitute vided for in Part 604, Selective Service ing the regulation in § 11.1051 (a) inap­ therefor the following: “ ‘Official plant’ Officers, of the Selective Service Regula­ plicable if the degree of interest or rela­ means one or more buildings, or parts tions. tionship in question is not substantial but thereof, comprising a single plant in Harry S. Truman so trivial as to create no great probability which the facilities and methods of op­ The White House, that the employee’s impartiality of judg­ eration therein have been approved by July 20, 1948. ment and action will be affected. Such the Assistant Administrator as suitable [F. R. Doc. 48-6608; Filed, July 20, 1948; cases would ordinarily be those in which and adequate for operation under inspec­ 4:10 p.m.] the total benefit to the employee or his tion and in which inspection is carried relative is less than $50, or where the rel­ on in accordance with this part.” ative is a second cousin, a first cousin by 2. Delete the first sentence of § 56.57 TITLE 6— AGRICULTURAL CREDIT marriage, or of more remote consanguin­ On a fee basis (7 CFR and Supps. 56.57; ity or relationship, or, in the event that 13 F. R. 1) and substitute therefor the Chapter I— Farm Credit Administra­ the benefit is npt measurable in precise following: “Fees to be charged and col­ tion, Department of Agriculture money value, where the advantage to be lected for inspection services furnished gained is not of reasonable consequence. on a fee basis shall be based upon the Part 11—National F arm Loan time required to render such services, Associations § 11.1053 Application of rule stated in § 11.1052. In considering cases of the including, but not being limited to, the PROHIBITED ACTS BY NATIONAL FARM LOAN foregoing character the final conclusion time required for the travel of the in­ ASSOCIATION PERSONNEL should be based upon the facts of each spector or inspectors in connection there­ Title 6, Chapter I, Part 11, Code of case, proper weight being given to the with, at the rate of $3.00 per hour for Federal Regulations, is amended by add­ nature, amount, and importance of the each inspector for the time actually re­ ing thereto the following sections: benefit involved, the degree and kind of quired.” Sec. relationship or interest in question, and (Pub. Law 712, 80th Cong.) 11.1051 General regulations. the general type and character of the 11.1052 Cases involving trivial interest or person concerned. Issued at Washington, D. C., this 19th relationship. day of July 1948. 11.1053 Application of rule stated in § 11.- [seal] J. R. I sleib, Land Bank Commissioner. [seal] Charles F. Brannan, 1052. Secretary of Agriculture. ' Authority: §§ 11.1051 to 11.1053, inclusive, [F. R. Doc. 48-6576; Filed, July 21, 1948; issued under sec. 17, 39 Stat. 375, sec. 6, 47 8:59 a. m.] [F. R. Doc. 48-6579; Filed, July 21, 1948; Stat. 14; 12 U_S. C. 665, 831. 9:00 a. m.] §11.1051 General regulations. Except as specifically authorized by law or rules TITLE 7— AGRICULTURE and regulations promulgated thereunder, Chapter I— Production and Mar­ Subchapter K— Federal Seed Act no officer, employee, or agent of a na­ keting Administration (Standards, tional farm loan association: Part 201—F ederal S eed Act . (a) Shall, in any manner directly or Inspections, Marketing Practices) R egulations indirectly, participate in the deliberation Subchapter C— Regulations Under the Farm KENTUCKY BLUEGRASS SEED; EXEMPTION OF upon, or the determination of, any ques­ Products Inspection Act LABELING REQUIREMENTS tion affecting his personal interests, those of any person related to him by blood P art 56—D ressed P oultry and D ressed It has been found that the time inter­ or marriage, or those of any partnership, D omestic R abbits and Edible P roducts val between seed harvesting and sowing association, or any corporation in which T hereof (Inspection and Certifica­ is not sufficient to assure the completion he is directly or indirectly interested; tion for Condition and W holesome­ of a germination test of freshly har­ (b) Shall divulge to another person, ness) vested seed of Kentucky bluegrass, Poa except in the performance of his official MISCELLANEOUS AMENDMENTS pratensis, now therefore pursuant to the duties, or utilize for his personal benefit On May 18, 1948, a notice of proposed provisions of section 203 (c) of the Fed­ or that of another, any fact or informa­ eral Seed Act of August 9, 1939 (53 Stat. ride making was published in the F ed­ 127E; 7 U. S. C. 1573 (c)), the following, tion acquired by such officer, employee, eral R egister (13 F. R. 2680) regarding or agent, directly or indirectly, by virtue an amendment to the revised rules and regulation is hereby promulgated: of his employment; regulations governing the inspection and Exemption from labeling as to germi­ (c) Shall speculate, directly or indi­ certification of dressed poultry and nation of Kentucky bluegrass seed. The rectly, in any agricultural commodity or dressed domestic rabbits and edible requirements of paragraph 201 (a) (8) product thereof, or in contracts relating products thereof for condition and of the Federal Seed Act of August 9 ,1C39, thereto, or in the stock or membership wholesomeness (7 CFR and Supps. 56.1 as to labeling seed for germination when interests of any association or corpora­ et seq.; 13 F. R. 1). Such rules and transported or delivered for transporta­ tion engaged in handling, processing, or regulations are currently effective under tion in interstate commerce for seeding disposing of any such commodity or the Department of Agriculture Appro­ purposes, shall not apply to the 1948 crop product; priation Act, 1949 (Pub. Law 712, 80th of seed of Kentucky bluegrass, Poa (d) Shall, by any agreement or ar­ Cong., 2d Sess., approved June 19, 1948). pratensis, during the period beginning rangement whatever, divide or share, di­ This amendment (1) changes the defini­ August 22, 1948, and ending October 15, rectly or indirectly, with another person tion of the teim “official plant,” and 1948.1 any compensation or other emolument (2) increases the fee to be charged and Section 203 (c) of the Federal .Seed received by such officer, employee, or collected for inspection service furnished Act of August 9, 1939; provides that the agent for or on account of services ren­ on a fee basis. Secretary of Agriculture may, with or dered in the performance of his official After consideration of all relevant without hearing, amend the regulations duties; matters presentéd, including the pro­ issued thereunder to provide exemptions (e) Shall accept or receive any salary, posal set forth in the said notice, it is from labeling requirements with respect fee, commission, honorarium, or sub­ hereby ordered that, under the authority to germination. Pursuant to this pro­ stantial gift, or other benefit for any contained in the Department of Agricul­ vision, the Secretary in various prior purpose or in any way, directly or in­ ture Appropriation Act, 1949 (Pub. Law years amended the regulations to pro­ directly, from any borrower from the 712, 80th Cong., 2d Sess., approved June vide for a seasonal exemption from such Federal land bank through the asso­ 19,1948) the following amendment to the labeling requirements, similar to the one ciation, or from any loan applicant or aforesaid revised rules and regulations representative^ thereof. shall become effective 30 days after the 1See §§ 201.20 to 201.22. No. 142----- 2 4182 ’ RULES AND REGULATIONS

CAA S pecifications The portion of the material (outlined below) provided for herein, for freshly harvested that is to be approved by the Civil Aeronau­ seed of Kentucky bluegrass, and there Specifications by the Administrator of Civil tics Administration must be so marked, and were never any objections to such action. Aeronautics applicable to 8 04a.755-T appear clearly separated from any other material so The carry-over of this seed from the under 8 04b.62, infra. that not one could easily err in regard to the former crop year is not sufficient to meet (Secs. 205 (a), 601, 52 Stat. 984, 1007; 54 part that is approved. the planting requirements therefor and 2. Form. The page size for the Airplane Stat. 1231,1233-1235; 49U. S. C. 425 (a), Flight Manual will be left to the decision of by reason of the imminence of the plant­ 551) the manufacturer. A cover should be pro­ ing season it is in the public interest that* These specifications shall become ef­ vided and it should indicate the nature of notice of the exemption of such seed from the contents with the following title: “Air­ labeling requirements as to germination fective upon publication in the F ederal plane Flight Manual.” Each page of the ap­ be published as soon as possible. In view Register. proved portion should bear the notation of these facts, and in accordance with the F. B. Lee, “CAA Approved” and the date of issuance. provisions of section 4 of the Administra­ Acting Administrator The material should be bound in a semi­ of Civil Aeronautics. permanent fashion so that the pages will not tive Procedure Act (60 Stat. 237; 5 U. S. C. be lost easily, yet should be so bound that 1003, it is hereby found upon good cause [P. R. Doc.' 48-6522; Piled July 21, 1948; revised pages can be inserted. The aircraft that notice and public procedure in con­ 8:46 a. m.] specification will identify the manual, and nection with this amendment would be when different types of the airplane (ski- impracticable and contrary to the public planes, seaplanes, etc.) are covered in separate interest manuals, each will be listed. Also, the latest This regulation shall be effective dur­ [Supp. 3] approved revisions will be shown on the specification when these changes are con­ ing the period from August 22, 1948, to P art 04b—Airplane Airworthiness sidered of major importance to airworthiness. October 15, 1948, both inclusive. Transport Categories 3. Content. The Airplane Flight Manual Issued this 19th day of July 1948. should contain as much of the following as caa specifications; airplane operating is applicable to the individual model. It is [seal] Charles P. B rannan, manual suggested that the document be divided into Secretary of Agriculture. Acting pursuant to authority appear­ sections as indicated. The sequence of sec­ [P. R. Doc. 48-6605; Filed, July 21, 1948; ing hereinafter, the following specifica­ tions and of items within sections should 8:57 a. m.J follow the outline below insofar as practi­ tions are adopted. They are made ef­ cable. This will facilitate revising the docu­ fective without delay in order to promote ment when an airplane is altered in the field. safety of the flying public. Compliance (a) Introduction—(1) Title page. This TITLE 10— ARMY with the notice, procedures, and effective page should include the manufacturer’s date provisions of section 4 of the Ad­ name, airplane model, registration or serial Chapter V— Military Reservations and ministrative Procedure Act (60 Stat. 237, number, date of approval and space for the National Cemeteries 238; 5 U. S. C. 1001, 1003) would be im­ signature of the Director, Aircraft Service. In addition the following note should be P art 501—List of Executive Orders, practicable, unnecessary, and contrary to included: “This airplane must be operated P roclamations and Public Land the public interest, and therefore is not in compliance with the Operating Limita­ Orders Affecting Military R eserva­ required. tions contained herein/’ tions Section 04b.62 of the Civil Air Regula­ (2) Table of contents. OREGON tions provides in part that an airplane (3) Log of revisions. Should provide operating manual shall be furnished with spaces in which to record revised pages and Cross R eference: For order affecting each airplane, and that portions of the the date Inserted. the tabulation contained in § 501.1, see manual listed in and required by the reg­ (b) Operating limitations—(1) Weight Public Land Order 497 in the Appendix limits. In addition to the -maximum weights to Chapter I of Title 43, infra, which re­ ulation shall be verified and approved by and any relative information, a statement serves certain public lands in Oregon for the Administrator. to the effect that the airplane must be loaded use in connection with the construction § 04b.62 Airplane operating manual. in accordance with the approved loading * * * schedule should be included. (See para­ of the Pern Ridge Dam and Reservoir graph (e), Weight and Balance Data.) The Project under the supervision of the De­ CAA S pecifications following is a typical example: partment of the Army. 1. Purpose. The purpose of this statement (1) Maximum take-off weight at sea level of policy is to outline an acceptable arrange­ is 92,000 pounds. ment for the Airplane Flight Manual1 as re­ (ii) Maximum landing weight at sea level TITLE 14— CIVIL AVIATION quired by CAR 04b.62 effective November 9, is 73,000 pounds. 1945. Although this material is intended to Note: This airplane is to be operated in Chapter I— Civil Aeronautics Board apply to CAR 04b, it may also be used as a accordance with the approved loading sched­ [Supp. 2] guide for the manual required by CAR ule (paragraph (e )). 04a.755-T. j This policy does not affect the For maximum permissible weights at vari­ Part 04a—Airplane Airworthiness status of manuals which already have final ous altitudes, see paragraph (d), Perform­ or tentative approval. However, whenever ance Information. In scheduled passenger caa specifications; airplane operating such manuals are revised for other reasons, operations, operating weights are limited in MANUAL it is recommended that the terminology of accordance with CAR Parts 41 or 61. this policy be incorporated wherever it will (iii) All weight in excess of the maximum Acting pursuant to authority appear­ permissible landing weight must consist of ing hereinafter, the following specifica­ increase clarity and uniformity. It should be noted that not all the items outlined below disposable fuel. tions are adopted. They are made ef­ for inclusion in the document will be neces- (iv) All weight in excess of 68,000 pounds fective without delay in order to promote sai*y for a given airplane, and the Civil must consist of fuel for structural reasons. safety of the flying public. Compliance Aeronautics Administration is desirous of (v) All fuel weight must be distributed with the notice, procedures, and effec­ holding the document to the smallest prac­ equally on both sides of the airplane. All tive date provisions of section 4 of the ticable amount of material. Only the ma­ main tanks must be filled (equally) first, Administrative Procedure Act (60 Stat. terial (listed below) required by CAR 04b alternates second, and then auxiliaries. 237, 238; 5 U. S. C. 1001, 1003) would should be included in the Civil Aeronautics Fuel must be used in reverse order from fuel Administration approved portion of the loading except for take-off, climb and land­ be impracticable, unnecessary, and con­ manual. However, if desired, the manufac­ ing, at which time the main tanks should be trary to the public interest, and there­ turer or operator may add other data in a used. fore is not required. distinctly separate section in the same cover. (2) Center of gravity limits. All C. G. Section 04a.755-T of the Civil Air limits should be given in inches from the Regulations provides in part that there 1 The. term “Airplane Flight Manual” has datum, which should be identified, and in shall be furnished with each airplane a been agreed upon internationally to dis­ percent of the mean aerodynamic chord, copy of the manual which shall contain tinguish the airplane manual from the with the landing gear extended. such information regarding the opera­ ‘operations manuals’ issued by airlines and (3) Power plant. The following should be covering the general field of operating prac­ listed: tion of the airplane as the Adminis­ tices. Recommendations have been made to (i) Engine: trator may require. the CAB to revise the title of CAR 04b .62 and (a) Manufacturer. § 04a.755-T Airplane operating man­ the airspeed limitation terminology in ac­ (b) Model. ual. * * * cordance with this policy. (c) Propeller drive gear ratio. Thursday, July 22, 1948 FEDERAL REGISTER 4183

(d) Fuel, minimum octane. Max. speed agraph (c) ) it is considered desirable that (e) Temperatures—maximum permissible Flap setting (to. p. h.) Max. power the limitation be referenced to the pertinent cylinder head and oil inlet. Take-off ------— ----- — Take-off. portion of the manual where it is repeated. (/) Power limits—those given by the en­ Approach ______Continuous. (c) Operating procedures—(1) Normal. gine specification; i. e., excluding the effect ___ ;______Take-off. This section should contain information and of ram on critical altitude. Landing ______Throttled. Instructions regarding peculiarities of: Start­ (g) Any limitations, such as r. p. m. ranges ______- Take-off. ing and warming engines, taxiing, operation in which operation is prohibited due to en­ of wing flaps, landing gear, etc. ‘Also in­ gine or propeller vibration. (A note should be added to indicate which of the values is to be marked on the Airspeed cluded in this section should be instructions (ii) An explanation of the instrument indicator.) . for the operation of any equipment that is markings should be included. A typical ex­ considered new in the aeronautical field or ample follows: (e) Landing gear operating speed, Vlo. comparatively complicated. (a) General: Red radial line—maximum plus a statement that this is the maximum (1) A typical example of the former would and minimum limits. Yellow arc—take-off speed at which the landing gear may be be: Wing flaps should be exercised through and precautionary ranges. Green arc—nor­ lowered or raised. three complete cycles prior to all initial take­ mal operating ranges. Red arc—ranges in (/) Landing gear extended speed, YLE, offs. This operation accomplishes the auto­ which operation is prohibited. plus a statement that this is the maximum matic bleeding and the equalization of pres­ (b) Fuel quantity indicator (when appli­ speed with landing gear extended and locked. sure to the eight separate hydraulic flap cable—reference CAR 04b.6104). Red arc— (iii) When a speed limitation (e. g.,'never actuating cylinders. fuel which cannot be used safely in flight. exceed speed) results from compressibility (11) Typical examples of the latter are: (iii) Propellers: effects, the manual should include a state­ (a) Recommended operating procedures (a) Manufacturer. ment to this effect and information concern­ for thermal ice prevention system. (b) Model designation. ing warning symptoms, probable behavior of (b) Recommended operating procedures (4) Speed limitations, (i) Current Regu­ the airplane and suggested recovery proce­ for reversible pitch propellers. lations (CAR 04b.6100) require that airspeed dure. (c) Cabin pressurization. indicator markings be in terms of “true in­ (iv) An explanation of the airspeed in­ (2) Emergency procedures. The following dicated” (calibrated) airspeed. However, the dicator markings should be included. A should be included: “indicated” airspeed may also be included typical example follows: (i) The procedure to be used in the event parenthetically in addition to the “calibrat­ of an engine failure, including recommended ed” airspeed if desired. This offers the ad­ Airspeed indicator markings minimum speeds, trim, operation of remain­ vantage that the pilot may read the correct (See definitions of speeds above) ing engine(s), etc. A typical example would limitation directly from the instrument. be as follows: (ii) The following speeds and explanations Red radial line—never exceed speed, VNE. Engine failure on take-off. The minimum of their significance should be included : Yellow arc—caution range, extending from speed (Vi) at which the airplane can be con­ (a) Never exceed speed, (previously VNo to ^NE- trolled directionally on the runway with an known as “glide or dive speed”) with and White arc—flaps extended range, extending outboard engine inoperative and its propel­ without de-icer boots, if applicable, plus a from stalling speed (Y^) with flaps in ler windmilling, and with take-off power on statement to the effect that speeds in excess landing position at maximum landing the remaining engines, is 60 m. p. h. TIAS. of this value may result in structural, flut­ weight to the flaps extended speed (CAR The minimum speed at which the airplane ter, or control hazards. The effects of alti­ 04b.6004). is controllable in flight with the sudden fail­ tude (i. e. Mach number) on this speed Green arc—-normal operating range: i. e., ure of an outboard engine, with take-off should be given if applicable unless the air­ from stalling speed with flaps retracted poweY on the remaining engines, is 96 m. p. h. plane is equipped with a Machmeter, in which at maximum take-off weight to Vno. TIAS. If an engine fails during the ground roll case the “never-exceed” Mach number should (5) Critical cross wind. Plus a statement also be quoted. below speed Vv cut the throttles on all en­ that this is the maximum cross component gines and apply brakes. If ground contact (b) Normal operating limit speed, VNO, of wind velocity at which it has been dem­ (previously known as “level flight or climb has already been brokep, land straight ahead onstrated to be safe to take-off or land. If if sufficient runway/remains. If not, re­ speed” or “maximum structural cruising the'value established during the tests is tract landing gear, maintain full power on speed”), with and without deicer boots if considered the maximum up to which it is live engines, and continue take-off. Feather applicable, plus statements to the effect that: considered safe to operate the airplane on the dead engine as outlined in item (ii) (1) Speeds in excess of this value may re­ the ground, including take-offs and landings, below. Use minimum cowl flap setting on sult in excessive gust loads, whereas speeds it should be entered under this item; i. e., live engines to maintain cylinder tempera­ below this value will reduce the structural as a limitation. However, if the value es­ ture within limits. Retrim airplane as nec­ tablished is not considered Uniting it should essary. Speed for best climb under these loads produced by severe gusts. The “maneu­ be included as Performance Information vering speed” is generally considered the op­ conditions is 115 mph HAS. (paragraph (d)) instead of a limitation. In See paragraph (d) (pages 9 and 12) for timum speed to avoid excessive loads as well the case of flying boat an additional maxi­ as inadvertent stalling or loss of control criterion and Vt speeds used in determining mum cross component of wind velocity for the runway lengths. in turbulent air. taxiing may be appropriate material. (ii) Propeller feathering. This section of (2) This speed should not be deliberately (6) Flight load acceleration limits. the manual should outline the procedure to exceeded, even during descents, because of Flaps up------(At take-off weight). be followed in stopping the rotation of pro­ the possibility of unexpected gusts. Flaps down______(At landing weight). pellers in flight. (3) The speed range between VNO and VNE A typical procedure is outlined below: is to provide for inadvertent speed Increases. (7) Type of airplane operation. A typical (a) Throttle—“Closed.” example would be as follows: (4) When this speed is reduced at altitude (b) Push feathering switch button. When (i) Transport category, propeller blades are fully feathered the but­ because of Mach number effects, the purpose (ii) Instrument night flying (when re­ of such reduction is to maintain the margin ton will kick out automatically. quired equipment is installed). (c) Mixture Control—“Idle cut-off.” between VNO and Vug for inadvertent speed (iii) Atmospheric icing conditions—should (d) Cowl flaps—“Closed.” increases. stipulate “none, trace, light, moderate or (e) Fuel Booster Pump—“Off.” (c) Maneuvering speed, Vp, plus a state­ heavy”. (/) Tank selector for engine being feath­ ment of its significance, of which the fol­ (iv) Propeller reversing to be used for taxi­ ered—“Off.” (Do not shut tank selector “Off” lowing is an example: “Maximum use” of the ing only. if cross feed is being used.) primary flight controls should be confined (8) Minimum crew. Should be given for (g) Ignition for dead engine—“Off.” to speeds below this value. For this pur­ day contact flight and any additional con­ (h) Propeller pitch control—“Full de­ ditions if desired or considered pertinent. crease r. p. m.” pose, “maximum use” is defined as the lesser (9) Miscellaneous. Should include any of the following: (iii) Any emergency procedures that are information not given above that is restric­ considered unusual or in which a specific se­ Rudder—full throw, o r __ _ pounds force. tive and considered necessary for the safe quence of events are required to accomplish Elevator—full throw, o r __ _ pounds force. operation of the airplane. Some typical ex­ the operation satisfactorily. Some typical Aileron—full throw o r ___ pounds force amples are as follows: examples are as follows: with each hand. (i) The wing and tail anti-icing heaters (a) All-engine go-around when it is rec­ should not be operated in flight when the ommended practice to retract the flap prior (d) Flaps extended speed, VPE at least the outside air is above 50° F. to retracting the gear resulting from a design speed determined in accordance with CAR (ii) Pressurized cabin differential pressure condition in which the flap creates more 04b.6004 must be given. However, when limits, etc. drag than the gear. desired, speeds for various combinations of If any of the above limitations are re­ (b) Fire control procedures. flap settings and power conditions may be peated necessarily in some other section of (c) Emergency cabin depressurization. given. The following is an example: the manual; e. g., Operating Procedures (par­ (d) Emergency landing gear extension. 4184 RULES AND REGULATIONS

(c) Emergency brake operation. of the manual. A typical example would (b) Second segment take-off climb (CAR (/) Fuel dumping. be as follows: 04b.l231 (a)). (0) Electrical—including operation of cir­ The maximum crosswind component in (c) Third segment take-off climb (CAR cuit breakers. The manual should specify which this airplane has been tested is 20 04b.1222 (d)). the circuits in which over-riding breakers, mph measured at a height of 50 feet above (d) Final segment take-off climb (CAR if any, are used and contain instructions con­ the ground. Consequently, in determining 04b.1222 (e)). cerning operation of both over-riding and the effective take-off and landing runway (e) One-engine inoperative en route climb lengths, a crosswind component greater (CAR 04b.1231 (b)). non-over-riding types. The following is a (/) All engine en route climb (CAR 04b. typical example: than this value may not be used. (2) Performance data. These data may be 1230 (a)). All circuit breakers are of the non-over­ (g) Two-engine inoperative en route climb riding type except the fuel booster pumps and given in either graphical or tabular form and should cover the weigh c range and all air­ (CAR 04b.1232). propeller feathering circuits. In an emer­ (h) Approach climb (CAR 04b.l231 (c)). gency, the breakers in these two circuits may port and terrain altitudes at which the air­ plane is intended to be operated. The scale (i) Landing climb (CAR 04b.l230 (b )). be held closed with the possible risk of fire (xii) Engine power curve. hazard due to short circuits, etc. Discretion of the charts should permit accurate reading within approximately 0.25 of one percent (xiii) Any instructions or examples for should also be used in repeatedly resetting use of the performance charts. non-overriding breakers due to the fact that Following is a list of data that should be (e) Weight and balance data. (1) Inas­ resetting may re-establish an arc and increase included: much as it is desired to eliminate the neces­ the fire hazard. (i) Airspeed calibration—normal and al­ sity of submitting revisions of the Airplane (3) Other special operating procedures (if ternate static source. (ii) Altimeter calibration—normal and al­ Flight Manual to the CAA for approval when­ any). ever an item of equipment is altered or added, (d) Performance information—(1) Intro­ ternate static source. (iii) True indicated stalling speeds at all this section of the manual will not be in­ ductory information. This should include cluded in the formally “approved” portion of any general information or any pertinent appropriate flap positions. the document. However, a note to the effect descriptions of the conditions under which (iv) Summary of permissible operating landing and take-off gross weights as limited that the airplane should be operated in ac­ the performance data were determined. The cordance with the approved loading schedule following examples are considered typical and by the climb of structural requirements. (v) Minimum take-off runway length. should be included in the Limitations Sec­ appropriate: tion. (See paragraph (b) (1)—Weight (i) All climb data are for standard at­ Unless optimum values of Vi are selected, establishing equal distances to accelerate to Limits.) mospheric conditions. (2) It is the intention of the Civil Aero­ (li) The minimum effective take-off run­ speed V! and stop or to make a take-off over a 50 foot obstacle with the critical en­ nautics Administration to place the respon­ way lengths given in this section are defined sibility for the control of weight And balance as the longer of the “accelerate-stop dis­ gine becoming inoperative at speed Vj inclu­ with the manufacturer and operator. The tance” and the distance required to take­ sion of both the accelerate and stop distance manufacturer will furnish a weight and off and clear a 50 ft. obstacle with one engine and runway length required to take-off and balance report for each new airplane which becoming inoperative at speed clear a 50 foot obstacle will be necessary. may be included in the manual but not in (a) The accelerate-stop distance is the It is recommended that these data be given a range o f temperatures and runway gra­ the “approved” portion. The Civil Aeronau­ distance required to accelerate the airplane tics Administration’s representative will not from a standing start to the speed, Vx, and dients sufficient to permit proper dispatch­ ing under the rules of CAR 61.712 in addition approve each individual report but will make assuming an engine to fail at this point, to only occasional spot checks to ascertain that stop. to the required standard day temperature the manufacturer’s weight control procedure (b) The take-off distance is defined as the data. is adequate. The manufacturer will be ex­ sum of the following: (vi) Take-off flight paths through the pected to furnish complete information with (1) Distance to accelerate to speed Fj with final climb segment, flight path slope or data slope or data supplementary to the above the airplane, not only regarding its actual all engines operating. weight and balance, but also to include (2) Distance to accelerate from speed Vj subdivision (v) that may be used for dis­ patching purposes should be included. These sketches, samples and other data that will to speed V2 with one engine in operative and assist the operator in checking the balance propeller windmilling in low pitch. It is as­ should be for the same range of temperatures and runway gradients as subdivision (v). after alterations. sumed that gear retraction is initiated at the (3) The following material is believed to end of this segment. *(vii) Minimum take-off climb speed, V2, for the range of weights, altitudes and con­ be complete and adequate for a conventional (3) The horizontal distance traveled in airplane. climbing to a height of 50 feet at speed V2 ditions covered in subdivisions (v) and (vi). *(viii) Critical engine failure speed, Vj or (i) Weight limits. Should list and explain with one engine inoperative. It is assumed (where necessary) the various weight limits. that propeller feathering is not commenced speeds Vj for Üie range of weights, altitudes and conditions covered in subdivision (v) (ii) C. G. limits. Approved operating C. prior to the end of this segment. G. range. (t) Speed Vi is defined as the critical en­ and (vi) (if applicable). ♦The distances to accelerate to these speeds (iii) Empty weight and empty weight C. G. gine failure speed and is a speed at jsvhich location. the controllability has been demonstrated should also be included to provide data neces­ (iv) Equipment list. All equipment in­ to be adequate to permit proceeding safely sary for gradient problems involving run­ ways with variable gradients of sufficient cluded in the empty weight. with the take-off when the critical engine is (v) Weight Computations. The computa­ suddenly made inoperative. The minimum magnitude that average gradients cannot be assumed. tions necessary to determine the empty Vi speed for this airplane is 60 mph TIAS; (ix) Minimum runway length required for weight C. G. location, including identification however, as explained below, speeds in ex­ of balance datum. cess of this value were used in determining landing. With respect to this item, the fol­ lowing data would be considered appropriate: (vi) Loading schedule. the runway lengths. (a) Landing distance from height of 50 (vii) Loading schedule instructions. Com­ (ii) Speed V2 is defined as the minimum plete instructions in the use of the loading take-off climb speed and is th e greater of the feet. schedule. following: 1.15 times the power off stalling (b) Minimum effective landing runway length—scheduled stops. In the case of unconventional airplane or speed with the flaps in the take-off position airplanes with special features, the foregoing (assuming a four engine airplane); 1.10 times (c) Minimum effective landing runway length—alternate stops. should be modified or amplified as necessary the minimum control speed, Vmc. to cover the case. The minimum control speed, 7mc, is de­ (x) If it is desired to take advantage of (4) Submittal. Three copies of the above fined as the minimum speed at which the air­ wind in determining landing and take-off distances all data should be based upon wind material, less the Weight and Balance Data plane is controllable in flight with the sud­ Section, should be submitted to the appro­ den failure of an outboard engine with take­ velocities reported at a height of 50 feet above the runway; i. e., the runway length priate Civil Aeronautics Administration re­ off power on the remaining engines. gional office by the applicant for an original (c) All runway lengths given in this man­ would be calculated for one half of the re­ ported head wind velocity, or twice the re­ approval. The three copies will be signed ual are based upon optimum V\ speeds; i. e., by the Director, Aircraft Service; one copy the speed selected for Vi is such that the ported tail wind velocity, measured at a height of 50 feet corrected to the height of will be returned to the applicant, one will accelerate and stop distance is equal to the be retained by the Washington office and the distance to clear a fifty foot obstacle with one the center of aerodynamic drag of the air­ plane. A note clearly stating the above stipu­ other by the regional office. A single copy engine becoming inoperative at this speed. of the title page to be used for the Director’s Consequently, Fj varies with weight, altitude, lations should be included in the manual. (xi) The rates of climb and climbing signature may be substituted for the manu­ wind, gradient, etc. Values for Vx for the facturer’s copy if desired. Revisions to the various conditions are given on page 11. speeds for the desired range of weights and altitudes, together with the corresponding manual will be approved in the regional (d) All take-off and landing distances office. In cases where the revisions are of given are for dry, concrete runways. airplane configuration (flap position, gear position, etc.), should be given for the fol­ primary importance to safety in flight, 'the (e) If the maximum cross component of pertinent Aircraft Specification will contain wind velocity in which landings and take­ lowing when applicable: (a) First segment take-off cliifib (CAR a description of the change to insure that offs were demonstrated was not considered all manuals are revised. A revision of this limiting, it should be included in this section 04b.1231 (a)). Thursday, July 22, 1948 FEDERAL REGISTER 4185 type would probably be the subject of an Its findings as to the facts and its con­ Airworthiness Directive note. One copy of States that yachts of the United States the Weight and Balance Data Section should clusion that the respondent has violated are allowed to arrive at and depart from be included in the manual by the manufac­ the provisions of the Federal Trade Com­ ports in such foreign country and to turer for each airplane at the time of mission Act: cruise in the waters of such ports with­ certification. It is ordered, That the respondent, Jack out entering or clearing at the custom­ Field, an individual trading under his (Secs. 205 (a), 601, 52 Stat. 984,1007 ; 54 house thereof and without the payment own name or under any other name or of any charges for entering or clearing, Stat. 1231,1233-1235 ; 49 U. S .C. 425 (a), names, his agents, representatives, and “ 551) dues, duty per ton, tonnage taxes, or employees, directly or through any cor­ charges for cruising licenses. It has These specifications shall become ef­ porate or other device, in connection with been made to appear to the satisfaction fective upon publication in the Fkderal the offering for sale, sale, and distribu­ of the President of the United States that Register. tion of furs and fur garments in com­ yachts of the United States are granted merce, as “commerce” is defined in the F. B. Lee, such privileges in the following coun­ Acting Administrator of Federal Trade Commission Act, do forth­ tries : Civil Aeronautics. with cease and desist from directly or Canada. indirectly: Great Britain. [F. R. Doc. '48-6523; Piled, July 21, 1948; Using the words “Bombay Lamb,” ei­ Greece. 8:47 a. m.) ther alone or in conjunction with any Honduras. other word or words, to designate furs or Jamaica. fur garments made from thé skins of TITLE ! 6— COMMERCIAL 2. The first sentence of paragraph (e) Arabian kid, or designating or describing is amended to read as follows: PRACTICES fur or fur garments in any way other than by the use of the true name of the (e) In order to obtain a cruising li­ Chapter I— Federal Trade Commission fur as the last word of the designation cense for a yacht of any country listed [Docket Ko. 5485] or description; provide'd that if a fur is in paragraph (d) of this section there so dyed or-processed as to simulate an­ shall be filed with the collector an ap­ Part 3—Digest of Cease and Desist other fur, and the name of the animal plication therefor executed by the yacht Orders whose fur is so simulated be given, such owner which shall set forth his address name shall be immediately followed by and identify the vessel by flag, rig, name, 9JACK FIELD and compounded with the words “dyed” and such other matters as are usually § 3.6 (e) Advertising falsely or mis­ or “processed,” togethèr with the true descriptive of a vessel. leadingly—Composition of goods; § 3.6 name of the animal producing the fur 3. Paragraph (f) is amended by delet­ (n) Advertising falsely or misleadingly— as the last word of the description, and ing the following from the form of cruis­ Nature—Product: § 3.66 (a 7) Misbrand­ all words of such designation shall be ing license prescribed therein: ing or mislabeling—Composition : § 3.66 equally conspicuous. (d> Misbranding or mislabeling—Na­ It is further ordered, That the respond­ a member of the (Name of yacht club) ture: § 3.96 (a) Using misleading name— ent shall, within sixty (60) days after of . . . ______Ooods—Composition: § 3.96 (a) Using the service upon him of this order, file (Address) misleading name*—Goods—Nature, in with the Commission a report in writing connection with the offering for sale, setting forth in detail the manner and (R. S. 161, secs. 2, 3, 23 Stat. 118, 119, sale, and distribution at furs and fur gar­ form in which he has complied with this sec. 5, 35 Stat. 425, as amended; Pub. ments in commerce, directly or indi­ order. Law 787, 80th Cong.; 5 U. S. C. 22, 46 rectly using the words “Bombay Lamb”, By the Commission, U. S. C. 2, 3, 104. Sec. 102, Reorg. Plan either alone or in conjunction with any No. 3 of 1946; 3 CFR, 1946 Supp., ch. IV) other word or words, to designate furs [seal] Otis B. J ohnson, W. R. J ohnson, or fur garments made from the skins of Secretary. Acting Commissioner of Customs. Arabian kid, or designating or describ­ [F. R. Doc. 48-65X8; Filed, July 21, 1948; ing fur or fur garments in any way other 8:46 a. m.] Approved: July 16, 1948, than by the use of the true name of the E. H. Foley, Jr., fur as the last word of the designation Acting Secretary of the Treasury. or description; prohibited, subject to the TITLE 19— CUSTOMS DUTIES [F. *R. Doc. 48-6573; Filed, July 21, 1948; provision that if a fur is so dyed or proc­ Chapter I— Bureau of Customs, essed as to simulate another fur, and the 8:58 a. m.] Department of the Treasury name of the animal whose fur is so simu­ foPeign port and to cruise in the waters of lated be given, such name shall be im- • [T. D. 51971] such port without entering or clearing at the mediately followed by and compounded Part 3—Documentation of Vessels customhouse thereof and without the pay­ with the words “dyed” or “processed”, ment of any charges for entering or clearing, together with the true name of the ani­ issuance of cruising licenses to dues, duty per ton, tonnage taxes or charges mal producing the fur as the last word foreign- flag yachts for cruising licenses, the Commissioner of Customs may authorize and direct the cus­ of the description, and all words of such Section 3.53, Customs Regulations of toms authorities at the various ports of entry designation shall be equally conspicuous. 1943 (19 CFR, Cum. Supp., 3.53), as of the United States to allow yachts from (Sec. 5, 38 Stat. 719, as amended by sec. amended by T. D. 51922 (13 F. R. 2817), is such foreign port used and employed exclu­ 8, 52 Stat. 112; 15 U. S. C., sec. 45b) amended as follows: sively as pleasure vessels to arrive at and de­ [Cease and desist order, Jack Field, 1. Paragraph (d) and footnote refer­ part from any port of the United States and Docket 5485, May 25, 1948] ence “39” thereto are amended to read as to cruise in waters of the United States with­ follows: out the payment of any charges for entering At a regular session of the Federal or clearing, dues, duty per ton, or tonnage Trade Commission, held at its office in § 3.53 Yacht privileges and obliga­ taxes, but the Commissioner of Customs may, the city of Washington, D. C., on the tions. * * * in his discretion, direct that such foreign 25th day of May A. D. 1948. (d) A cruising license39 may be Issued yachts shall be required to obtain licenses to This proceeding having been heard by cruise, in a form prescribed by him, before to a yacht of a foreign country only if they shall be allowed under the provisions the Federal Trade Commission upon the it has been made to appear to the satis­ of this section to cruise in waters of the complaint of the Commission and the faction of the President of the United United States. Such licenses shall be issued answer of the respondent, in which an­ without cost to such yachts and shall pre­ swer respondent admitted all the mate­ 84 “Whenever it shall be made to appear to scribe such limitations as to length of time, rial allegations of fact set forth in said. the satisfaction of the President of the direction, and place of cruising and action, complaint and waived all intervening United States that yachts used and employed and such other particulars as the Commis­ exclusively as pleasure vessels and belonging sioner of Customs may deem proper.” (46 procedure and further hearing as to said to any resident of the United States are al­ U. S. C. 104. Sec. 102, Reorganization Plan facts, and the Commission having made lowed to arrive at and depart from any No. 3 of 1946; 3 CFR, 1946 Supp., ch. IV.) 4186 RULES AND REGULATIONS __w § 141.7 (c), using 1.0 to 2.0 gm. dissolved TITLE 21— FOOD AND DRUGS *mV x - v j in 10 ml. of dry chloroform. • where Chapter I— Food and Drug Adminis­ e=milligrams of water equivalent to 1 ml. 7. Section 141.18 Penicillin vaginal tration, Federal Security Agency Karl Fischer reagent. suppositories, paragraph (a) Potency, is t0=weight of water in milligrams. amended by adding the following new P art 141—T ests and Methods of Assay 7^=—volume of Karl Fischer reagent used. sentences between the sentence ending • for Antibiotic D rugs t>2=volume of methanol used. with the words “buffer at pH 6.0.” and / —volume ratio of Karl Fischer reagent to P art Certification of B atches of the sentence beginning with the words 146— water-methanol solution. P enicillin- or S treptomycin - Con­ “The average po-” in line 12 of the sec­ taining D rugs (3) Procedure. Transfer 1.0 ml. of ond paragraph: “The sample may also the penicillin in oil and wax to a dry ti­ be prepared as follows: Place 5 supposi­ miscellaneous amendments trating vessel, add 10 ml. of dry chloro­ tories in a glass blending jar containing By virtue of the authority vested in form and an excess of the Karl Fischer 200 ml. of 1% phosphate buffer at pH 6.0. the Federal Security Administrator by reagent and black titrate with the water- Using a high-speed blender blend for the provisions of section 507 of the Fed­ methanol solution until the endpoint is 3 minutes and make the proper esti­ eral Food, Drug, and Cosmetic Act> (52 reached. Transfer 10 ml. of the dry chlo­ mated dilution in 1% phosphate buffer Stat. 1040, 1055, as amended by 59 Stat. roform used to a dry titrating vessel, add at pH 6.0.” 463 and 61 Stat. 11; 21 U. S. C., Sup. 357) an tpccess of Karl Fischer reagent, and 8. Section 141.18, paragraph (b) is the regulations for tests and methods of titrate with -the water-methanol as amended to read: assay of antibiotic drugs (12 F. R. 2215, above. Calculate the milliliters of Karl (b) Moisture. Proceed as directed in 4961, 8151; 13 F. R. 439, 2950) and cer­ Fischer reagent equivalent to 10 ml. of § 141.7 (c) using a weighed suppository tification of batches of penicillin- or chloroform. dissolved in 10 ml. of dry chloroform and streptomycin-containing drugs (12 F. R. (vt—v2f —bj K. e X100 2 ml. of methanol from the titrating Percent moisture = 2231, 4692, 5039, 7997, 8152; 13 F. R. 436, s X 1000 burette. (Correct for the amount of 1099, 2475) are amended as indicated where moisture in the solvents used.) below: b=milliliters Karl Fischer reagent equiva­ 1. Section 141.7 Pencillin in oil and lent to 10 ml. of chloroform 9. Section 141.22 Penicillin bougies, wax, paragraph (a) Potency, is amended s=Volume of the sample in milliliters. paragraph (a) is amended to read: by adding the following sentences be­ 3. Section 141.8 Penicillin ointment, (a) Potpnp.v— If it contains the ex­ tween the sentence ending with the paragraph (a) Potency, is amended by cipient polyethylene glycol proceed as di­ words “at pH 6.0.” and the sentence be­ adding the following sentences between rected in § 141.1 except paragraph (i) ginning with the words “If the label” in the sentence ending with the words “for thereof, and in lieu of the directions for line 15 of the second paragraph: “The at pH 6.0.” and the sentence beginning preparing the sample in paragraph (d) sample may also be prepared by trans­ with the words “The potency of penicil­ of § 141.1 dissolve 12 bougies in sterile ferring aseptically 1.0 ml. of the penicil­ lin” in line 14 of the second paragraph: distilled water to make an appropriate lin in oil and wax to a blending jar con­ “The sample ma^ also be prepared by stock solution. If it does not contain the taining 100 ml. of sterile distilled water. placing an accurately weighed sample excipient polyethylene glycol proceed as Using a high-speed blender, blend this consisting of 0.5, to 1.0 gm. of the oint­ directed in §141.9 (a). The average mixture for 1 minute and then make the ment into a glass blending jar contain­ potency of penicillin bougies is satisfac­ proper estimated dilutions in 1 percent ing 100 ml. of 1% phosphate buffer at pH tory if it contains not less than 85% of phosphate buffer at pH 6.0.” 6.0. Using a high-speed blender, blend the number of units per bougie it is rep­ 2. Section 141.7, paragraph (c) is the mixture for 2 minutes and make the resented to contain. amended to read: proper estimated dilutions in 1% phos­ 10. Section 141.22 paragraph (b) is (c) Moisture—(1) Reagents—(i) Karl phate buffer at pH 6.0.” amended to read: Fischer reagent. Preserve the reagent in 4. Section 141.8, paragraph (b) is glass-stoppered bottles and use from an amended to read: (b) Moisture. Proceed as directed in all glass automatic burette, protecting § 141.7 (c),'using 1.0 to 2.0 gm. of bougies (b) Moisture. Proceed as directed in dissolved in 10 ml. of dry chloroform if the solution from the moisture in the air. § 141.7 (c), using a weighed sample of 1.0 (ii) Water-methanol solution. Use it contains the excipient polyethylene to 2.0 gm. dissolved in a mixture of 10 glycol. If it does not contain the ex­ methanol containing approximately 1 ml. of dry chloroform and 10 ml. of car­ mg. of water per milliliter. Store the cipient polyethylene glycol, proceed as bon tetrachloride, but in lieu of calculat­ directed in § 141.5 (a). solution in a glass bottle attached to an ing the milliliters of Karl Fischer reagent automatic burette and protect from equivalent to 10 ml. of chloroform, de­ 11. Section 141.23 Crystalline peni­ moisture in the air at all times. termine the milliliters of reagent equiva­ cillin and epinephrine in oil, paragraph (2) Standardization of Karl Fischer lent to 20 ml. of the mixture of chloro­ (c) is amended to read: reagent. Add a known volume of the form and carbon tetrachloride. (c) Moisture. Proceed as directed in Karl Fischer reagent to a suitable titrat­ 5. Section 141.9 Tablets buffered § 141.7 (c). ing vessel which has been previously penicillin, paragraph (a) Potency, is 12. Section 141.26 Procaine penicillin, dried at 105° C. and cooled in a desicca­ amended by adding the following new paragraph (e) is amended to read: tor. Introduce a mechanical stirrer and sentences between the sentence ending two platinum electrodes which are con­ with the words “at pH 6.0.” and the (e) Moisture. Proceed as directed in sentence beginning with the words “The § 141.7 (c), but in lieu of the directions nected to a suitable electrometric appa­ for preparing the sample in subpara­ ratus for measurement of the endpoint. average” in line 10 of the second para­ graph: “The sample may also be pre­ graph (3) thereof prepare the sample Start the stirrer and titrate with the pared as follows: Place 12 tablets in a and calculate as follows: Accurately water-methanol solution until the end­ blending jar and add thereto approxi­ weight about 300 mg. of the sample into point is reached. Calculate the milli­ mately 200 ml. of a 500-ml. quantity of a dry titrating vessel, add an excess of liters of Karl FisCher reagent equivalent sterile distilled water. After blending the Karl Fischer reagent and back titrate to each milliliter of water-methanol. for 1 minute with a high-speed blender with water-methanol solution until the Add an accurately weighed quantity of, add the remainder of the 500 ml. of endpoint is reached. water. Blend again for 1 minute and _ * . . . (t?,—v j) XeXlOO water (approximately 50 mg.) to a dry Percent moisture = v 1 vLfi------» titrating vessel, add an excess of the Karl make the proper estimated dilutions in W s Fischer reagent and back titrate with 1% phosphate buffer at pH 6.0.” where Ws=weight of sample in milligrams. the water-methanol solution as above. 6. Section 141.12 Penicillin troches, paragraph (b) is amended to read: 13. Section 141.26, paragraph (i) is Calculate the milligrams of water equiv­ amended to read: alent to each milliliter of the Karl (b) Moisture. Proceed as directed in § 141.5 (a), or if it contains a mastica­ (i) Penicillin K content. Weigh from Fischer reagent. Standardize the Karl 30-35 mg. of the sample to be tested in a Fischer reagent in this manner daily. tory substance proceed as directed in Thursday, July 22, 1948 FEDERAL REGISTER 4187 glass test tube or glass vial of approxi­ theiefor a comma, and is further amend­ 23. Section 146.40, paragraph (d) Re­ mately 10-ml. capacity. Add 2.0 ml. of ed by inserting the words “the expira­ quests for certification; samples, sub- chloroform U. S. P. and cool the mixture tion date,” between the words “units per paragraph (2) (ii) is amended to read: to 0°-5° C. in an ice bath. Add 1.0 ml. package,” and “and if the per-” in line 14. of cold 1-4 phosphoric acid solution, 18. Section 146.18, paragraph (b) (3) (ii) The penicillin used in making the stopper and shake vigorously for 15 sec­ ill) is amended by inserting the phrase batch; potency, toxicity, moisture, pH, onds. Centrifuge to obtain a clear “that the expiration date used for the crystallinity, and heat stability if it is separation of the layers (approximately batch will be only that assigned to the crystalline sodium or potassium penicil­ 20 seconds). After centrifuging, remove manufacturer by certification;” between lin, the penicillin G content if it is crys­ 1.0 ml. of the chloroform. layer with a the words “in this agreement;” and talline sodium or potassium penicillin, pipette or syringe equipped with a suita­ “that the labeling to be” in line 17. G, and the procaine penicillin G content ble needle. Immediately place the 1.0 ml. 19. Section 146.25 Penicillin in oil and if it is crystalline procaine penicillin G. of. chloroform in a 125-ml. separatory wax (calcium penicillin in oil and ~wax, 24. Section 146.40, subparagraph (3) funnel containing 29.0 ml. of chloroform crystalline penicillin in oil and wax) , (ii) of paragraph (d) is amended to read: and 15.0 ml. of 0.3 M phosphate (Na2HPO< paragraph (c) Labeling, subparagraph and KH2PO4) buffer pH 6.0 at room tem­ (ii) The penicillin used in making the (1) is amended by deleting the word batch; 5 packages, or in the case of crys­ perature and shake for 1 minute. Allow “and” at. the end of subdivision (v), by the mixture to stand with occasional deleting the period at the end of sub­ talline penicillin 10 packages, each con­ swirling to settle the droplets of chloro­ taining approximately equal portions of division (vi) and substituting therefor not less than 60 mg. if it is not procaine form until the top layer is clear (usually the word “; and”, and by adding the about 10 minutes). Draw off all but following new subdivision: penicillin and not less than .300 mg. if about 2 ml. of the lower chloroform layer it is procaine penicillin, packaged in ac­ through a small pledget of cotton into a (vii) The name of each oil used in cordance with the requirements of glass-stoppered flask. Take a 4.0 ml. making the batch. § 146.24 (b) or § 146.44 (b). aliquot of the buffer solution remaining 20. The headnote of § 146.40 is . 25. Section 146.41 Crystalline penicil­ in the separatory funnel and a 10.0-ml. amended to read: lin and epinephrine in oil, paragraph (c) aliquot of the chloroform solution and Labeling, subparagraph (1) is amended determine the milligrams per milliliter § 146.40 Penicillin bougies (sodium by deleting the word “and” at the end of of penicillin in each by the iodometric penicillin bougies, calcium penicillin subdivision (iv), by deleting the period assay procedure described in § 141.5 .(e), bougies, potassium penicillin bougies, at the end of subdivision (v) and substi­ using 4.0 ml. of the IN NaOH and 4.0 ml. procaine penicillin bougies, penicillin tuting a semicolon and the word “and”, of the 1.2N HC1 for the two above ali­ bougies sodium salt, penicillin bougies and by adding the following new sub­ quots. Make blank determinations on calcium salt, penicillin bougies potassium division : salt, penicillin bougies procaine salt). the same size aliquots. Calculate the (vi) The name of the oil used in mak­ percent penicillin in the buffer layer on 21. Section 146.40, paragraph (a) is ing the batch, the basis that the sum of the penicillin amended to read: found in the buffer layer and in the 26. Section 146.43 Aluminum penicil­ chloroform layer Is 100%. The percent (a) Standards of identity, strength, lin in oil, paragraph (c) Labeling, sub- penicillin K=(98.46—percent found in quality, and purity. Penicillin bougies paragraph (1) is amended by deleting buffer) X 3.34. are bougies composed of sodium penicil­ the word “and” at the end of subdivision lin, calcium penicillin, potassium peni­ (iv), by deleting the period at the end of 14. Section 141.27 Procaine penicillin cillin, or procaine penicillin in an excip­ in oil, paragraph (b) is amended to read: subdivision (v) and substituting a semi­ ient of polyethylene glycol or of one or colon and the word “and,” and by adding (b) Moisture. Proceed as directed in more other suitable and harmless dilu­ the following new subdivision: § 141.7 (c). ents, binders, and lubricants. The po­ tency of each bougie is not less than (vi) The name of the oil used in mak­ 15. Section 141.29 Procaine penicillin 25,000 units. Its moisture content is ing the batch. for aqueous injection, paragraph (c) is pot more than 1.0%. Its content of amended to read: 27. Section 146.44 Procaine penicillin viable microorganisms is not more than (penicillin procaine salt), procaine peni­ (c) Moisture. Proceed as directed in 50 per gram. The sodium penicillin, cillin G.(penicillin G procaine salt), par­ §141.26 (e). calcium penicillin, and potassium peni­ agraph (a) Standards of identity, cillin used conforms to the requirements 16. Section 146.4 Conditions on'the strength, quality, and*purity, subpara­ of § 146.24 (a), except the limitation on graph (5) is amended to read: effectiveness of certificates, subpara­ penicillin K content and except subpara­ graph (2) of paragraph (b) is amended graphs (1), (2), (4), and (7) of § 146.24 (5) Its moisture content is not more to read: (a) , but its potency is not less than 300 than 4.2 percent; and (2 T With respect to any immediate units per milligram. The procaine peni­ 28. Section 146.45 Procaine penicillin container when it or its seal (if the regu­ cillin used conforms to the requirements in oil, paragraph (c) Labeling, subpara­ lations in this part require it to be of § 146.44 (a), except the limitation on graph *(1) is amended by deleting the sealed) is broken, or when its label or pencillin K content and except sub- period at the end of subdivision (iv) and labeling is altered, mutilated, destroyed, paragraphs (2) and (3) of § 146.44 (a). substituting a semicolon and the word obliterated, or removed in whole or in Each other substance, if its name is “and,” and by adding the following new part, or ceases to conform to any labeling recognized in the U. S. P. or N. F„ con­ subdivision: requirement prescribed by the regula­ forms to the standards prescribed there­ for by such official compendium. (v) The name of each oil used in mak­ tions in this part, except that: ing the batch. Section 146.4, paragraph .(b) (2) is 22. Section 146.’40, paragraph (c) La­ further amended by deleting the word beling, subparagraph (1) (iii) is amended 29. Section 146.47 Procaine penicillin “or” at the end of subdivision (i), by to read: for aqueous injection, paragraph (a) Standards of identity, strength, quality, adding the word or” at the end of (iii) The statement “Expiration date subdivision (ii), and by adding the fol­ and purity, the second sentence is lowing new subdivision: ——------”, the blank being filled in, amended to read: “Its moisture content if crystalline sodium or potassium pen­ is not more than 4.2 percent.” Ciii) if its label or labeling is removed icillin is used, with the date which is 18 30. Section 146.47, paragraph (c) La­ in whole or in part for the purpose of months, or if crystalline sodium or potas­ beling, subparagraph (2) (iii) is amended relabeling and supplemental certifica­ sium penicillin is not used, with the date tion of the relabeled drug is requested, to read: as provided by § 146.18; which is 12 months after the month dur­ (iii) The conditions under which such ing which the batch was certified; except suspensions should be stored, and the 17. Section 146.18 Exemptions for la­ that if the excipient is polyethylene gly­ beling, paragraph (a) is amended by de­ statement “Sterile suspension may be col the blank shall be filled in with the kept at room temperature for one week, leting “and” following the words “of date which is 6 months after the month or in refrigerator for three weeks, with­ the drug” in line 13 and substituting during which the batch was certified; out significant loss of potency”; 4188 RULES AND REGULATIONS § 221.40 Individual budgets not in ex­ Sec. This order, which provides for clarifi­ 12.1 Average cost of instruction. cation of the expiration dates of batches cess of $10,000. The Superintendent of 12.2 Payment to school district. of penicillin for which supplemental cer­ t^ie Five Civilized Tribes Indian Agency, 12.3 Certified copy to school district. tification is requested; for the use of pro­ Oklahoma, and the General Superin­ tendent of the Western Oklahoma Con­ A u t h o r i t y : §§ 12.1 to 12.3, inclusive, is­ caine penicillin in the manufacture of sued under sec. 2, 54 Stat. 774, Pub. Law 528, penicillin bougies and to extend the ex­ solidated Agency are hereby authorized 80th Cong.; 43 U. S. C. 618a. piration date of penicillin bougies con­ to approve budgets in -individual cases taining the excipient polyethylene glycol and to make expenditures in accordance § 12.1 Average cost of instruction. from 3 to 6 months; for requiring the with such approved budgets in any base The principal local officer of each em­ labels of all penicillin drugs which are where the total amount involved does ploying agency of the United States at suspended in oil to bear the name of the not exceed $10,000 per annum. In such Boulder City, Nevada, upon written cer­ oil; to change the method and stand­ cases, the preceding sections of this part tification sworn to by the President of ards (where necessary) for determining are inapplicable. (R. S. 161; 5 TJ, S. C. the Board of Trustees of the Boulder City moisture content of various penicillin 22) School District or his duly authorized products; for changing the method for William E. W arne, representative, of the following facts : determining the penicillin K content of Acting Secretary of the Interior. (a) The average cost of instruction procaine penicillin; for providing alter­ per pupil per day of pupils enrolled in native assay methods for penicillin in July 15, 1948. the high school and in the grade school oil and wax, penicillin tablets and [P. R. Doc. 48-6532; Piled, July 21, 1948; of the Boulder City School District dur­ troches, penicillin ointment, penicillin 8:49 a. m.] ing the semester for which payment is vaginal suppositories, and penicillin claimed; bougies not containing polyethylene gly­ (b) The names of those pupils in thè col, shall become effective upon publica­ TITLE 32— NATIONAL DEFENSE high school and in the grade school who tion in the F ederal R egister, since both are believed to be dependents of em­ the public and the penicillin industry will Chapter VI— Office of Selective ployees of that agency living in or in the benefit by the earliest effective date, and Service Records immediate vicinity of Boulder City and, as to each of them, the number of tlays I so find. Transfer of Functions Notice and public procedure are not during that semester that he or she at­ necessary prerequisites to the promulga­ Cross R eference : Pursuant to section tended school, the first and last dates of tion of this order and would be contrary 10 (a) (4) of the Selective Service Act of attendance during that semester, and the to public interest, and I so find, since it 1948, functions of the Office of Selective name and address of the person upon is was drawn in collaboration with inter­ Service Records were transferred to the whom jshe or he is dependent; shall ested members of the affected industry Selective Service System and the func­ promptly satisfy himself that the state­ and since it would be against public in­ tions of the Director of the Office of Se­ ments therein made are correct and par­ terest to delay clarification of the expira­ lective Service Records were transferred ticularly that each person therein listed tion dates of batches of penicillin fof to the Director of Selective Service, as one upon whom a pupil was depend­ which supplemental certification is re­ effective June 24, 1948. ent was, in fact, an employee of his quested; to delay providing for the use As authorized by section 10 (b) (1) of agency throughout the period of that of procaine penicillin in the manufacture^ the act, the President has issued rules pupil’s school attendance and, upon so of penicillin bougies and for extending and regulations to carry out the pro­ satisfying himself, shall certify to the the expiration date of penicillin bougies visions of Title I of the act, which con­ Director of Power, Bureau of Reclama­ containing the excipient polyethylene stitute portions of Parts 602, 603, 604, 606, tion, Boulder City, the cost of instruction glycol from 3 to 6 months; to delay re­ 609,611,612 and 617 of this chapter. For per semester (which shall be taken, for quiring the labels of all penicillin drugs these regulations see Executive Order each pupil, as (1) $65 or (2) the product which are suspended in oil to bear the 9979, supra; for proclamation fixing days of the number of days that pupil was in name of the.oil; to delay changing the for registration, see Proclamation 2799, attendance at school and thè average method and standards (where necessary) supra. cost of instruction in that school per for determining moisture content of vari­ pupil per day, whichever of the two is ous penicillin products; to delay changing the smaller) for which payment may the method for determining the penicil­ Chapter XXIV— Department of State, lawfully be made pursuant to the terms lin K content of procaine penicillin; to Disposal of Surplus Property of section 2 of the act of July 19, 1940 delay providing for alternative assay (43 U. S. C. 618a), as amended by the methods for penicillin in oil and wax, [Departmental Reg. 108.72; PLC Reg. 8, act of May 14,1948 (Public Law 528, 80th penicillin tablets and troches, penicillin Order 6] Congress). In the event that a person ointment, penicillin vaginal suppositories, P art 8508—D isposal of Surplus P rop­ upon whom dependency of a pupil is and penicillin bougies not containing erty Located in F oreign Areas claimed was employed by the agency polyethylene glycol. concerned during only part of the period IMPORTATION INTO UNITED STATES of school attendance, the principal local (52 Stat. 1040, as amended; 21 U. S. C. Correction officer of that agency shall advise the 357) President of the Board of Trustees of the Dated: July 16, 1948. In Schedule A of Federal Register Doc­ Boulder City School District, or his duly ument 48-6382, appearing on page 4101 authorized representative, of the date [ seal] Oscar R. Ewing, of the issue for Saturday, July 17, 1948, within the semester in question upon Administrator. the first word in the third line of the which he entered or left the employ of [P. R. Doc. 48-6575; Piled, July 21, 1948; paragraph beginning “Telephone” should that agency and shall request a certifi­ 8:59 a. m.] read "line”. cation as above of the number of days’ attendance at school by the dependent during the period of employment by that TITLE 25— INDIANS TITLE 43— PUBLIC LANDS: agency, and shall, in certifying to the Director of Power the cost of instruction Chapter I— Office of Indian Affairs, INTERIOR as aforesaid, make his computations Department of the Interior Subtitle A— Office of the Secretary accordingly. Subchapter S— Moneys; Tribal and Individual of the Interior § 12.2 Payment to school district. Upon receipt of the certification of the princi­ P art 221—Individual Indian Money [Order 2444] R egulations pal local officer of any agency as afore­ P art 12—P ayments to S chool D istricts said, the Director of Power shall prompt­ INDIVIDUAL BUDGETS NOT IN EXCESS OF ly pay to the appropriate officer of $ 10,000 SUBPART A—BOULDER CITY SCHOOL DISTRICT, the Boulder City School District the Part 221 of Subchapter S, Title 25, NEVADA, BOULDER CANYON PROJECT amount so certified as due under the CFR, is amended by' the addition of a The following Part 12, Subpart A is terms of section 2 of the act of July 19, new § 221.40, as follows: added to Title 43, Subtitle A: Ì940 (43 U. S. C. 618a), as amended by Thursday, July 22, 1948 FEDERAL REGISTER 4189 the act of May 14, 1948 (Public Law 528, Appendix— Public Land Orders of the Interior, as an administrative 80th Congress). However, such payment [Public Land Order 495] site: shall not prejudice the setting-off of .M innesota Beginning at a point in approximate lati­ overpayments, if any such be later dis­ tude 64°43'04" N., longitude 155°27'55" W., covered, against payments thereafter MODIFYING THE BELTRAMI WILDLIFE from which the stone marking the intersec­ coming due under said act or their re­ MANAGEMENT AREA tion of Hill Street and Fourth Avenue in coupment by other lawful means. Ruby, Alaska, bears S. 68°24' W., 6.741 chs. Correction distant. § 12.3 Certified copy to school distHct. In Federal Register Document 48-6290, From the initial point, A certified copy of this regulation shall appearing on page 4015 of the issue for N. 65°20' E., 6 chs., be furnished the Boulder City School Dis­ Thursday, July 15, 1948, the last line of S. 24°40' E„ 4 chs., trict for its information and guidance. S. 65°20' W., 6 chs., the first land description should read: N. 24°40' W., 4 chs. to the place of be­ Mastin G. White, “Sec. 29, N&NE%". ginning. Acting Secretary of the Interior. The tract as described contains 2.4 J uly 12, 1948. acres. N , [Public Land Order 497] [P. R. Doc. 48-6531; Piled, July 21, 1948; The order of the Assistant Secretary of 8 :48 a. m.j Oregon the Interior dated September 22, 1939, establishing Air-Navigation Site With­ WITHDRAWING PUBLIC LANDS FOR THE USE drawal No. 129, is hereby revoked as to # OF DEPARTMENT OF ARMY FOR FLOOD CON­ Tract No. 2, containing approximately Chapter I——Bureau or Lana Manage­ TROL PURPOSES 0.52 acre, which is included in the ment, Department of the Interior By virtue of the authority vested in above-described are?, reserved by this {Order 818] the President and pursuant to Execu­ order. tive Order No. 9337 of April 24, 1943, it Mastin G. White, Part 50—Organization and P rocedure is ordered as follows; Acting Secretary of the Interior. Subject' to valid existing rights, the DELEGATIONS TO CHIEFS OF DIVISIONS AND J uly 13, 1948. — CHIEFS OF SUBDIVISIONS OF DIVISIONS following-described public lands are hereby withdrawn from all forms of ap­ [F. R. Doc. 48-6535; Filed, July 21, 1948; J uly 16, 1948. propriation under the public-land laws, 8:49 a. m.] Paragraph (a) of 1? 50.352 is amended including the mining and mineral-leas­ by adding subparagraphs <25), (28),. ing laws, and reserved for use in con­ (29), (32) and (33) as follows; nection with the construction of the Fern Ridge Dam and Reservoir Project under [Public Land Order 499] § 50.352 Functions of the Chief, Divi­ the supervision of the Department of the California sion of Adjudication and the Chiefs of Army as authorized by the act of June Subdivisions of that Division, with re­ 28, 1938 (52 Stat. 1215-1222) : MODIFICATION OF EXECUTIVE ORDER NO. 6206 spect to various statutes? (a) * * * OF JULY 16, 1983 W il l a m e t t e M e r id ia n (25) Approval of all bonds filed in con­ By virtue of the authority vested in nection with oil and gas leases, including T. 17 S., R. 5 W„ the President by section 1 of the act of collective bonds, where the officer has Sec. 27, lots 2 and 3 (Revested Oregon and June 25, 1910, c. 421, 36 Stat. 847 (43 authority under any subparagraph of California railroad grant lands) ; Sec. 28, lot 5. U. S. C. 141), and pursuant to Executive this paragraph to act on such leases. Order No. 9337 of April 24, 1943, it is (2$) With respect to all mineral The area described aggregates 5.27 ordered as follows: leases: Approval of assignments of leases acres. Subject to valid existing rights, Execu­ or royalty interests, of operating agree­ It is intended that the lands described tive Order No. 8206 of July 16,1933, with­ ments and assignments of such agree­ "herein shall be returned to the admin­ drawing certain lands in California in ments, and of subleases, where the officer istration of the Department of the In­ aid of proposed legislation withdrawing has authority under any subparagraph of terior when they are no longer needed the lands for the protection of the water this paragraph to act on such leases. by the Department of the Army for the supply of the City of Los Angeles, is (29) Cancellation of liability on con­ purposes for which they are reserved. hereby modified to the extent necessary tracts (including leases and permits) and Mastin G. W hite, to permit locations and entries under the bonds after the contract has been fully Acfflng Secretary of the Interior. mining laws for nonmetalliferous min­ performed, or terminated by agreement J uly IS, 1948. eral deposits on the following -described of the parties, and the determination in­ public lands: cident to the cancellation of such liabil­ [F. R. Doc. 48-6533; Filed, July 21, 1948; ity, where the officer has authority under 8:49 .a. m.] M o u n t D ia b l o M e r id ia n aiiy subparagraph of this paragraph to T. 21 S., R. 88 E.( act on such oontracts, leases, or permits. Secs. 18 and 19. (32) Acceptance of surrender of part T. 22 S., R. 38 E„ or entire leases and permits of all types [Public Land Order 493] Sec. 30, S%; Sec. 81, W%. administered by the Bureau of Land Alaska Management, where the officer has au­ WITHDRAWING PUBLIC LAND FOR USE OF The areas described aggregate 1,894.20 thority under any subparagraph of this BUREAU OF LAND MANAGEMENT AS AN AD­ acres. paragraph to act on such leases and per­ Portions of the sections described in mits. MINISTRATIVE SUE AND REDUCING AIR- NAVIGATION SITE WITHDRAWAL NO. 129 T. 22 S., R. 38 E., are included in power (33) Elimination from leases and per­ transmission withdrawals. Any location mits of all type, of such lands which, By virtue of the authority vested in or entry of these lands for nonmetallif- having been previously disposed of, or the President and pursuant to Executive erous minerals will be subject to the pro­ having been subject to a withdrawal or Order No. 9337 of April 24, 1943, and visions of section 24 of the Federal Power reservation, were erroneously included. section 4 of the act of May 24,1928, c. 728, Act of June 10,1920, as amended, 41 Stat. (R. S. 161; 5 U. S. C. 22; Reorg. Plan No. 45 Stat. 729 (49 U. S. C. 214), it is ordered 1075; 49 Stat. 846 (46 U. S. C.*818), as as follows: provided in 43 CFR 103.8. 3 of 1946, H P . R. 7875) Subject to valid existing rights, the Marion Clawson, tract of public land near Ruby, Alaska, This order shall become effective at Director. described below by metes and bounds, is 10:00 a. m. on September 15, 1948. [P. R. Doc. 48-6538; Piled, July 21, 1948; hereby withdrawn from all forms of ap­ Mastin G. White, ‘ 8:50 a. m.] propriation under the public-land laws, Acting Secretary of the Interior. including the mining laws but not the 1 The numbers of the subparagraphs in this mineral leasing laws, and reserved for J uly 14, 1948. section correspond with the numbers of the the use of the Fire Control Service, Bu­ [F. R. Doc. 48-6537; Filed, July 21, 1948; related subparagraphs in 43 CPR 4.275 (a). reau of Land Management, Department 8:50 a. m.] No. 142----- 3 4190 RULES AND REGULATIONS [Rev. S. O. 558, Amdt. 7] [General Permit ODT 18A, Rev.-39B, Amdt. 1] TITLE 49— TRANSPORTATION P art 520—Conservation of R ail Equip­ P art 95—C ar S ervice AND RAILROADS ment; Exceptions, P ermits and Special Chapter I— Interstate Commerce REFRIGERATOR CARS FOR FRUIT AND D irections VEGETABLE CONTAINERS Commission shipments of new fresh harvested [Rev. S. O. 434, Arndt. 1] At a session of the Interstate Com­ IRISH POTATOES merce Commission, Division 3, held at its P art 95—Car S ervice office in Washington, D. C., on the 16th Pursuant to Title III of the Second FREE TIME ON BOX CARS AT PACIFIC COAST day of July A. D. 1948. War Powers Act, 1942, as amended, Ex­ PORTS Upon further consideration of Re­ ecutive Order 8989, as amended, Execu­ At a session of the Interstate Com­ vised Service Order No. 558 (11 F. R. tive Order 9729, as amended, Executive merce Commission, Division 3, held at 11817), as amended (11 F. R. 12233; 12 Order 9919, and General Order ODT 18A, its office in Washington, D. C., on the F. R. 4002, 5966, 6911, 8775), and good Revised, as amended 'it is ordered, That 16th day of July A. D. 1948. cause appearing thereof: It is ordered, paragraph (b) of § 520.540 of General Upon further consideration of the pro­ That: Permit ODT 18A, Revised-39B, be visions of Revised Service Order No. 434 Section 95.558 Substitution of refrig­ amended to read as follows: (12 P. R. 8680), and good caüse appear­ erator cars for box cars, to transport ing therefor: It is ordered, That: § 520.540 Shipments of new fresh Revised Service Order No. 434, be, and fruit and vegetable containers and box shooks, of Revised Service Order No. 558, harvested Irish potatoes. * * * it is hereby, amended by substituting the (b) When the origin point of any such following paragraphs (a) and (d) of be, and it is hereby, further amended by § 95.434, Free time on box cars at Pacific substituting the following paragraph freight is any point qr place in the States coast ports, for paragraphs (a) and (d) (d) for paragraph (d) thereof: of Arizona, California or New Mexico, and the quantity loaded in the car is not thereof : (d) Expiration date. .This section (a) Free time reduced at Pacific coastshall expire at 11:59 p. m., November 17, less than 36,000 pounds. ports. Allow, grant, or permit more 1948, unless otherwise modified, changed, This Amendment 1 to General Permit than a total of 7 days free time (com­ suspended or annulled by order of this ODT 18A, Revised-39B shall become ef­ piled in accordance with applicable tar­ Commission. fective July 20, 1948, and shall expire iff provisions) on loaded box cars held « at Pacific coast ports for unloading coast­ It is further ordered, That this amend­ September 30,1948. wise, intercoastal (including United ment shall become effective at 12:01 (54 Stat. 676, 55 Stat. 236, 56 Stat. 177, States territories, insular possessions and# a. m., July 17, 1948; that a copy of this 58 Stat. 827, 59 Stat. 658, 60 Stat. 345, Puerto Rico) or foreign traffic from car* order be served upon the Association of 61 Stat. 34, 321, Pub. Laws 395, 606, 80th to vessel or when held short of such port American Railroads, Car Service Divi­ Cong.; 50 U. S. C. App. 633, 645, 1152; transfer point! The provisions of this sion, as agent of the railroads subscrib­ paragraph shall not be construed to re­ ing to the car service and per diem agree­ E. O. 8989, Dec. 18, 1941, 6 F. R. 6725; quire or permit the increase of any free ment under the terms of that agreement; E. O. 9389, Oct. 18, 1943, 8 F. R. 14183; time published in tariffs lawfully on and that notice of this order be given E. O. 9729, May 23, 1946, 11 F. R. 5641; file with this Commission.- to the general public by depositing a E. O. 9919, Jan. 3,1948, 13 F. R. 59) * * * * * copy in the office of the Secretary of the Issued at Washington, D. C., this 19th (d) Expiration date. This. section Commission at Washington, D. C., and day of July 1948. shall expire at 7:00 a. m., November 15, by filing it with the Director; Division 1948, unless otherwise modified, changed, of the Federal Register. . J. M. Johnson, Suspended or annulled by order of this Director, Commission. (40 Stat. 101, s e c . 402, 41 §tat. 476, seG. 4, Office of Defense Transportation. It is further 'ordered, That this order 54 Stat. 901; 49 U. S. C. 1 (10)-(17)) shall become effective at 12:01 a. m., July By the Commission, Division 3. [F. R. Doc. 48-6550; Filed, July 21, 1948; 30, 1948; that a copy of this order and 8:52 a. m.] direction be served upon the Association [seal] W. P. Bartel, of American Railroads, Car Service Divi­ Secretary. sion, as agent of the railroads subscribing [F. R. Doc. 48-6548; Filed, July 21, 1948; TITLE 50— WILDLIFE to the car service and per diem agree­ 8:51 a. m.] ment under the terms of that agree­ Chapter I——Fish and Wildlife Service, ment; and that notice of this order be Department of the Interior given to the general public by depositing a copy in the office of the Secretary of Part 11—Establishment, Etc., of the Commission at Washington, D. C., Chapter II— Office of Defense N ational Wildlife R efuges and by filing it with the Director, Division Transportation of the Federal Register. MINNESOTA P art 500—Conservation of R ail Cross R eference: For correction of (40 Stat. 101, sec. 402; 41 Stat. 476, sec. Equipment 4; 54 Stat. 901; 49 U. S. C. 1 (10)-(17) ) order modifying the Beltrami Wildlife By the Commission, Division 3. s h i p m e n t s o f n e w f r e s h HARVESTED IRISH Management Area, Minnesota, thereby POTATOES affecting the tabulation contained in [seal] W. P. B artel, Secretary. Cross R eference: For an exception to § 11.1, see the Appendix to Chapter I of Title 43, supra correcting Public Land [F. R. Doc. 48-6549; Filed, July 21, 1948; the provisions of § 500.72, see Part 520 of 8:52 a. m.] this chapter, infra. Order 495. Thursday* July 22, 1948 f. FEDERAL REGISTER 4191

PROPOSED RULE MAKING

TREASURY DEPARTMENT (b) The amendment made by subsection gard to the age of the individual per­ (a) * • * to section 1426 (b) (15) of forming the services. Such exception is Bureau of Internal Revenue the Internal Revenue Code shall be applica­ ble with respect to services performed after dealt with in paragraph (c) of this sec­ December 31, 1939. tion. The exceptions in subparagraph 126 CFR, Parts 402, 4031 (A) and subparagraph (B) are both ap­ Employment Tax R egulations R elating Par. 2. Section 402.203, as amended by plicable with respect to services per­ to Certain Vendors of Newspapers Treasury Decision 5519, approved June formed after December 31, 1939. and Magazines 14, 1946, is further amended by striking (b) Services of individuals under age out the period at the end of the first sen­ 18. Services performed by an employee NOTICE OF PROPOSED RULE MAKING tence ^hereof and inserting in lieu there­ under the age of 18 in the delivery or Notice is hereby given, pursuant to the of a comma and the following; “and as distribution of newspapers or shopping Administrative Procedure Act, approved further amended, effective January 1, news, not including delivery or distribu­ June 11, 1946, that the regulations set 1940, by section 1 of Public Law 492, 80th tion (as, for example, by a regional dis­ forth in tentative form below are pro­ Congress, relating to certain vendors of tributor) to any point for subsequent posed to be prescribed by the Commis­ newspapers and magazines.” delivery or distribution, are excepted. sioner of Internal Revenue, with the ap­ Par. 3. Section 402.206, as amended by Thus, the services performed by an em­ proval of the Secretary of the Treasury. Treasury Decision 5519, is further ployee under the age of 18 in making Prior to the final adoption of such regu­ amended by striking out the period at house-to-house delivery or sale of news­ lations, consideration will be given to any the end of the first sentence thereof and papers or shopping news, including data, views, or arguments pertaining inserting in lieu thereof a comma and handbills and other similar types of ad­ thereto which are submitted in writing the following: “and as further amended, vertising material, are excepted. The in duplicate to the Commissioner of In­ effective January 1, 1940, by section 1 of services are excepted irrespective of the ternal Revenue, Washington 25, D .' C., Public Law 492, 80th Congress, relating form or method of compensation. Inci­ within the period of 30 days from the to certain vendors of newspapers and dental services by the employee who date of publication of this notice in the magazines.” makes the house-to-house delivery, such Federal R egister. The proposed regula­ Par. 4. Immediately preceding § 402.- as services in assembling newspapers, tions are to be issued under the authority 226, the following is inserted: are considered to be within the excep­ contained in sections 1429 and 1609 of Section 1 of Public Law 492 (80th Cong.), tion. The exception continues only dur­ the Internal Revenue Code (53 Stat. E n a c t e d April 20, 1948 ing the time that the employee is under 178, 188; 26 U. S. C. 1429, 1609) and sec­ That (a) * * * section 1426 (b) (15) the age of 18. tions 1, 2, and 3 of Public Law 492, 80th of the Internal Revenue Code, as amended, (c) Services of individuals of any age. Congress, enacted April 20,1948. * * * [is] hereby amended to read as Services performed by an employee in, follows: [seal] Geo. J. Schoeneman, and at the time of, the sale of news­ Commissioner of Internal Revenue. (15) (A) Service performed by an indi­ papers or magazines to ultimate con­ vidual under the age of eighteen in the sumers under an arrangement under In order to conform Regulations 106 delivery or distribution of newspapers or which- the newspapers or magazines are (26 CFR, Part 402), relating to the em­ shopping news, not including delivery or to be sold by him at a fixed price, his ployees’ tax and the employers’ tax under distribution to any point for subsequent de­ compensation being based on the reten­ the Federal Insurance Contributions Act livery or distribution; __ tion of the excess of such price over (Subchapter A, Chapter 9, Internal Reve­ (B) Service performed *by an Individual the amount at which the newspapers or nue Code), to sections 1 and 3.of Public in, and at the time of, the sale of newspa­ magazines are charged to him, are ex­ Law 492, 80th Congress, enacted April pers or magazines to ultimate consumers, under an arrangement under which the cepted. The services a?e excepted 20, 1948, and Regulations 107 (26 CFR, newspapers, or magazines are to be sold by whether or not the employee is guar­ Part 403), relating to the excise tax on him at a fixed price his compensation being anteed a minimum amount of compensa­ employers under the Federal Unemploy­ based on the retention of the excess of such tion for such services, or is entitled to ment Tax Act (Subchapter C, Chapter price over the amount at which the news­ be credited with the unsold newspapers 9, Internal Revenue Code), to sections papers or magazines are charged to him, or magazines turned back. Moreover, 2 and 3 of such Public Law 492, such reg­ whether or not he is guaranteed a minimum the services are excepted without regard ulations are amended as follows: amount of compensation for such service, or to the age of the employee. Services P aragraph 1. Immediately preceding is entitled to b$ credited with the unsold newspapers or magazines turned back; or. performed other than at the time of sale the caption “Section 3797 (a) and (b) of to the ultimate consumer are not within the Internal Revenue Code” as set forth (b) The amendment made by subsection the exception. Thus, the services of a preceding § 402.201, the following is in­ (a) * * * to section 1426 (h) (15) of the regional distributor which are anteced­ serted : Internal Revenue Code shall be applicable with respect to services performed after De­ ent to but not immediately part of the S e c t io n 1 o f Public L a w 492 (80th Cong.), cember 31, 1939. sale to the ultimate consumer are not E n a c t e d A p r i l 20, 1948 within the exception. Howeyer, inciden­ Par. 5. Section 402.226 is amended to That (a) * * * section 1426 (b) (15) tal services by the employee who makes of the internal Revenue Code, as amended, read as follows: the sale to the ultimate consumer, such • * * [is] hereby amended to read as I 402.226 Delivery and distribution of as services in assembling newspapers or follows: newspapers, shopping news, and maga­ in taking newspapers or magazines to the (15) (A) Service performed by an indi­ zines—(a) In general. Subparagraph place of sale, are considered to be within vidual under the age of eighteen in the de­ (A) of section 1426 (b) (15) of the act, the exception. livery or distribution of newspapers or shop­ as amended by section 1 of Public Law ping news, not including delivery or dis­ Par. 6. Immediately preceding § 402.- tribution to any point for subsequent deliv­ 492,80th Congress, enacted April 20,1948, 704, the following is inserted: ery or distribution; excepts certain services performed by an employee under the age of 18 in the de­ Section 3 of Public Law 492 (80th Cong.), (B) Service performed by an individual in, Enacted April 20, 1948 and at the time of, the sale of newspapers livery or distribution of newspapers or or magazines to ultimate consumers, under shopping news. This exception, which If any amount paid- prior to the date of an arrangement under which the newspa­ is dealt with in paragraph (b) of this the enactment of this Act constitutes an pers or magazines are to be sold by him at section, continues without change the overpayment of tax solely by reason of an a fixed price his compensation being based on exception contained in section 1426 (b) amendment made by this Act, no refund or the retention of the excess of such price over credit shall be made or allowed with respect the amount at which the newspapers or mag­ (15), as added by section 606 of the So­ to the amount of such overpayment. azines are charged to him, whether of not he cial Security Act Amendments of 1939. is guaranteed a minimum amount of compen­ Subparagraph (B) of section 1426 (b) P ar. 7. Section 402,704, as amended by sation for such service, or is entitled to be (15), added by section 1 of Public Law Treasury Decision 5519, is further credited with the unsold newspapers or mag­ 492, excepts certain services in the sale amended by inserting at the end of such azines turned back; or. of newspapers and magazines without re­ section, the following: 4192 PROPOSED RULE MAKING

(i) Prohibition of refund or credit. Section 2 of Public Law 492 (80th Cong.), (c) Services of individuals of any age. No refund or credit is allowable with re­ Enacted April 20, 1948 Services performed by an employee in, spect to any amount paid prior to April (a) -Section 1607 (c) (15) of the Internal and at the time of, the sale of newspapers 20, 1948, the date of the enactment of Revenue Code, as amended, is hereby or magazines to ultimate consumers un­ Public Law 492, 80th Congress (relating amended to read as follows: der an arrangement under which the to the exception of certain services per­ (15) (A) Service performed by an individ­ newspapers or magazines are to be sold formed by vendors of newspapers and ual under the age of eighteen in the delivery by him at a fixed price, his compensa­ magazines), which constitutes an over­ or distribution Of newspapers or shopping tion being based on the retention of the payment of tax solely by reason of an news, not including delivery or distribution excess of such price over the amount at amendment made by such law. (For to any point for subsequent delivery or dis­ which the newspapers or magazines are tribution; charged to him, are excepted. The serv­ provisions relating to services excepted (B) Service performed by an individual from employment by Public Law 492, in, and at the time of, the sale of newspapers ices are excepted whether or not the em­ 80th Congress, see § 402.226 (c). or magazines to ultimate consumers, under ployee is guaranteed a minimum amount an arrangement under which the newspapers of compensation for such services, or is Par. 8. Immediately preceding the cap­ or magazines aré to be sold by him at a fixed entitled to be credited with the unsold tion “Section 3797 (a) and (b) of the price, his compensation being based on the newspapers or magazines turned back. Internal Revenue Code” as set forth pre­ retention of the excess of such price over the Moreover, the services are excepted with­ ceding § 403.201, the following is inserted: amount at which the newspapers or maga­ out regard to the age of the employee. zines are charged to him, whether or not Section 2 o f Public Law 492 (80th Cong.), Services performed other than at the Enacted April 20, 1948 he is guaranteed a minimum amount of - compensation for such service, or is entitled time of sale to the ultimate consumer (a) Section 1607 (c) (15) of the Internal to be credited with the unsold newspapers are not within the exception. Thus, the Revenue Code, as amended, is hereby or magazines turned back; services of a regional distributor which amended to read as follows: (b) The amendment made by subsection are antecedent to but not immediately (15) (A) Service performed by an indi­ (a) shall be applicable with respect to serv­ part of the sale to the ultimate consum­ vidual under the age of eighteen in the de­ ices performed after December 31, 1939, and, er are not within the exception. How­ livery or distribution of newspapers or shop­ as to services performed before July 1, 1946, ever, incidental services by the employee ping news, not including delivery or dis­ shall be applied as if such amendment had who makes the sale to the ultimate con­ tribution to any point for subsequent delivery been a part of section 1607 (c) (15) of the sumer, such as services in assembling or distribution; . Internal Revenue Code as added to such code newspapers or in taking newspapers or (B) Service performed by an individual in, by section 614 of the Social Security Act and at the time of, the sale of newspapers Amendments of 1939. magazines to the place of sale, are con­ or magazines to ultimate consumers, under sidered to be within the exception. an arrangement under which the newspapers Par. 12. Section 403.226 is amended to read as follows: Par. 13. Immediately preceding or magazines are to be sold by him at a § 403.602, the following is inserted: fixed price, his compensation being based on § 403.226 Delivery and distribution of the retention of the excess of such price newspapers, shopping news, and maga- Section 3 o f P ublic Law 492 (80th Cong.), over the amount at which the newspapers zines—(a) In general. Subparagraph Enacted April 20, 1948 or magazines are charged to him, whether or (A) of section 1607 (c) (15) of the act, If any amount paid prior to the date of the not he is guaranteed a minimum amount of enactment of this act constitutes an over­ compensation for such service, or is entitled as amended by section 2 of Public Law 492, 80th Congress, enacted April 20, payment of tax solely by reason of an amend­ to be credited with the unsold newspapers ment made by this act, no refund or credit or magazines turned back. 1948, excepts certain services performed shall be made or allowed with respect to the (b) The amendment made by subsection by an employee under the age of 18 in amount of such overpayment. (a) shall be applicable with respect to serv­ the delivery or distribution of newspapers ices performed after December 31, 1939, and, or shopping news. This exception, Par. 14. Section 403.602, as amended as to services performed before July 1, 1946, which is dealt with in paragraph (b) by Treasury Decision 5519, is further shall be applied as if such amendment had of this section, continues without change amended by inserting after paragraph been a part of section 1607 (c) (15) of the the exception contained in section 1607 (k) of such section, the following new Internal Revenue Code as added to such code (c) (15), as added by section 614 of the paragraph: by section 614 of the Social Security Act Social Security Act Amendments of 1939. Amendments of 1939. (1) Prohibition of refund or credit..'“ Subparagraph (B) of section 1607 (c) No refund or credit isv allowable with P ar. 9. Section 403.203, as amended by (15), added by section 2 of Public Law respect to any amount paid prior to April Treasury Decision 5566, approved June 492, excepts certain services in the sale 20, 1948, the date of the enactment of 23, 1947, is further amended as follows: of newspapers and magazines without Public Law 492, 80th Congress (relating (A) By striking out in the first sen­ regard to the age of the individual per­ to the exception of certain services per­ tence thereof the words “and as further forming the services. Such exception is formed by vendors of newspapers and amended” and inserting in lieu thereof dealt with in paragraph (c) of this sec­ magazines), which constitutes an over­ “and as amended”. tion. The exceptions in subparagraph payment of tax solely by reason of an (B) By striking out the period at the (A) and subparagraph (B) are both ap­ amendment made by such law. (For end of the first sentence thereof and in­ plicable with respect to services per­ provisions relating to services excepted serting in lieu thereof a comma and the formed after December 31, 1939. from employment by Public Law 492, following: “and as further amended, ef­ (b) Services of individuals under age 80th Congress, see § 403.226 (c).) fective January 1, 1940, by section 2 of 18. Services performed by an employee Public Law 492, 80th Congress, relating under the age of 18 in the delivery or [P. R. Doc. 48-6574; Piled, July 21, 11948; to certain vendors of newspapers and distribution of newspapers or shopping 8:59 a. m.] magazines.” news, not including delivery or distribu­ P ar. 10. Section 403.206, as amended tion (as, for example, by a regional dis­ by Treasury Decision 5566, is further' tributor) to any point for subsequent de­ DEPARTMENT OF AGRICULTURE amended as follows: livery or distribution, are excepted. (A) By striking out in the first sen­ Thus, the services performed by an em­ Production and Marketing tence thereof the words “and as further ployee under the age of 18 in making Administration house-to-house delivery or sale of news­ amended” and inserting in lieu thereof 17 CFR, Part 521 “and as amended”. papers or shopping news, including (B) By striking out the period at the handbills and other similar types of ad­ U nited S tates Standards for Grades of vertising material, are excepted. The Canned Grapefruit Juice 1 end of the first sentence thereof and in­ services are excepted irrespective of the serting in lieu thereof a comma and the form or method of compensation. Inci­ NOTICE OF PROPOSED RULE MAKING following: “and as further amended, ef­ dental services by the employee who Notice is hereby given, pursuant to the fective January 1, 1940, by section 2 of makes the house-to-house delivery, such authority contained in the Department of Public Law 492, 80th Congress, relating as services in assembling newspapers, to certain vendors of newspapers and are considered to be within the excep­ 1 The requirements of these standards shall magazines.” - tion. The exception continues only dur­ not excuse failure to comply with the pro­ P ar. 11. Immediately preceding ing the time that the employee is under visions of the Federal Pood, Drug, and Cos­ § 403.226, the following is inserted: the age of 18. metic Act. V-

Thursday, July 22, 1948 FEDERAL REGISTER 4193 Agriculture Appropriation Act, 1949 will be the sixth issue by the Department file the same in quadruplicate with the (Pub. Law 712, 80th Cong., 2nd Sess., ap­ for canned grapefruit juice. . Chief, Processed Products Standardiza­ proved June 19, 1948), that the United The revision is proposed to improve tion and Inspection Division, Fruit and States Department of Agriculture is con­ further the quality of canned grapefruit Vegetable Branch, Production and Mar­ sidering the revision, as herein proposed, juice by changing the proportionate de­ keting Administration, United States De­ of the United States Standards for gree of sweetness to acidity. partment of Agriculture, Washington 25, Grades of Canned Grapefruit Juice (11 All persons who desire to submit writ­ D. C., not later than 30 days after pub­ P. R. 12431). The aforesaid standards ten data, views, or arguments for con­ lication of this notice in the F ederal have been in effect since November 1, sideration in connection with the pro­ R egister. 1946, and this revision, if made effective, posed revision of these standards shall The proposed revision is as follows: § 52.365 Canned grapefruit juice. OIL SEPARATORY TRAP Canned grapefruit juice is the undiluted, unfermented juice obtained from the ma­ tured fresh fruit of the grapefruit tree (Citrus paradisi) which fruit has been properly washed; may be packed with or without the addition of a sweetening ingredient; and is sufficiently processed by heat to* assure preservation of the product in hermetically sealed containers. (a) Grades of canned grapefruit juice. (1) “U. S. Grade A” or “U. S. Fancy” is the quality of canned grapefruit juice that possesses a bright typical color; is practically free from defects; possesses a fine, distinct normal canned grapefruit jjiice flavor; and scores not less than 85 points when scored in accordance with the scoring system outlined in this sec­ tion. Canned grapefruit juice of this grade meets the following requirements: (1) Brix. ’Not less than 9.5 degrees. (ii) Acid. Not less than 0.90 gm. nor more than 2.0 gm., calculated as anhy­ drous citric, per 100 mf. of juice. (iii) Brix-acid ratio. The Brix value is not less than 9 times the acid value, minus the factor 1.5; and the ratio of the Brix value to the acid value does not exceed 14 to 1. (iv) Recoverable oil. Not more than 0.015 percent by volume of recoverable oil. (v) Pulp. Not more than 10 percent free and suspended pulp. (2) “U. S. Grade C” or “U. S. Stand­ ard” is the quality of canned grapefruit juice that possesses a good typical-color; is fairly free from defects; possesses a good, normal canned grapefruit juice flavor; and scores not less than 70 points when scored in accordance with the scor­ ing system outlined in this section. Canned grapefruit juice of this grade meets the following requirements: (i) Brix. Not less than 9.0 degrees. (ii) Acid. Not less than 0.80 gm. of acid, calculated as anhydrous citric, per 100 ml. of juice. (iii) Brix-acid ratio. The Brix value is not less than 7 times the acid value. (iv) Recoverable oil. Not more than 0.020 percent by volume of recoverable oil. (v) Pulp. Not more than 15 percent free and suspended pulp. ‘ (3) “U. S. Grade D” or “Substandard” is the quality of canned grapefruit juice that fails to meet the requirements of U. S. Grade C or U. 8. Standard. (b) Recommended fill of container. The recommended fill of container is not incorporated in the grades of the finished product since fill of .container, as such, is not a factor of quality for the purpose of these grades. It is recommended that canned grapefruit juice occupy not less than 90 percent of the volume capacity

U. 8. DEPARTMENT OF AGRICULTURE PRODUCTION AND MARKETING ADMINISTRATION of the container. 4194 PROPOSED RULE MAKING (c) Ascertaining the grade. The grade be graded above U. S. Grade C or U. S. or other defects may be noticeable but of canned grapefruit juice may be as­ Standard, regardless of the total score not prominent. certained by considering, in addition to for the product (this is a limiting rule). (iii) If the canned grapefruit juice the foregoing requirements, the follow­ “Fairly free fibm defects” means that fails to meet the requirements of subdi­ ing factors: Color, absence of defects, the juice may contain not more than 15 vision (ii) of this subparagraph, a score and flavor. The relative importance of percent free suspended pulp and that of 0 to 27 points may be given. Canned each factor has been expressed numeri­ there may be present not more than 0.020 grapefruit juice that falls into this clas­ cally on the scale of 100. The maximum percent by volume of recoverable oil sification shall not be graded above U. S. number of points that may be given for when determined in accordance with the Grade D or Substandard, regardless of each factor is: methods outlined in this section; and the total score for the product (this is Points that seed particles, similar substances, a limiting rule). (1) Color...... ______...... 20 (2) Absence of defects------.------40 OIL SEPARATORY TRAP (3) Flavor______40 Total score______100 (d) Ascertaining the rating of each factor. The essential variations within each factor are so described that the value may be ascertained fof each factor and expressed numerically. The numer­ ical range within each factor is inclusive (for example, “17 to 20 points” means 17, 18, 19, or 20 points). (1) Color, (i) Canned grapefruit juice that possesses a bright typical color may be given a score of 17 to 20 points. “Bright typical color” means that the grapefruit juice possesses a bright color typical of freshly extracted juice and is free from traces of browning due to scorching, oxidation, caramelization, or other causes. (ii) If the canned grapefruit juice possesses a good typical color, a score of 14 to 16 points may be given. Canned grapefruit juici! that falls into this clas­ sification shall not be graded above U. S. Grade C or U. S. Standard, regardless of the total score for the product (this is a limiting rule)-. “Good typical color” means that the grapefruit juice is typical but may show evidence of slight brown­ ing. (iii) If the canned grapefruit juice is definitely dull, murky, or off-color for any reason, a score of 0 to 13 points may be given. Canned grapefruit juice that falls into this classification shall not be graded above U. S. Grade D or Substand­ ard, regardless of the total score for the product (this is a limiting rule). (2) Absence of defects. The factor of absence of defects refers to the degree, of freedom from particles of membrane, core, skin, seeds and seed particles, “rag,” recoverable oil, residue, similar sub­ stances, or other defects. (i) Canned grapefruit juice that is practically free from defects may be given a score of 34 to 40 points. Canned grapefruit juice that shows coagulation shall not be scored in this classification. “Practically free from defects” means that the juice may contain not more than 10 percent free and suspended pulp and that there may be present not more than 0.015 percent by volume of recov­ erable oil when determined in accord­ ance with the methods outlined in this section; and that the juice contains no noticeable seed particles, similar sub­ stances, nor other defects. (ii) If canned grapefruit juice is fairly free from defects, a score of 28 to 33 points may be given. Canned grapefruit juice that shows more than a slight co­ agulation shall not be scored in this classification. Canned grapefruit juice that falls into this classification shall not tt. 9. DEPARTMENT OF AGRICULTURE PRODUCTION AND MARKETING ADMINISTRATION Thursday, July 22, 1948 FEDERAL REGISTER 4195

(3) Flavor. (i) Canned grapefruit T a b l e N o . I — M a x im u m a n d M i n i m u m A c id f o r T able N o. n juice that possesses a fine, distinct, nor­ t h e R e s p e c t i v e G r a d e s — Continued mal canned grapefruit juice flavor, free Approxi­ Approxi­ from traces of scorching, caramelization, IT. S. Grade A U. S.’Grade O mate mate or U. 8. Fancy or U. 8. Stand­ Diameter revolu­ Diameter revolu­ oxidation, or terpene may be given a score ' ■ (grams acid ard (grams acid) tions per tions per of 34 to 40 jpoints. To score In this clas­ Degree Brix per 100ml.) per 100 ml.) minute minute sification canned grapefruit juice shall ♦ meet the following additional require­ Maxi­ Mini­ Maxi­ Mini- 10 inches--.— . 1,609 1,292 mum mum mum - mum 10)4 inches 1,570 l' 271 ments: llinehes*... 1 i;634 lj 252 Brix. Not less than 9.5 degrees. 11)4 inches 1,500 1,234 n . i ...... 12 inches ._ ... 1,468 1,216 1.40 .90 1.59 00

0.80© Acid. Not less than 0.90 gm. nor more 11.2...... 1.41 .90 1.60 12)4 inches...... i;438 1,199 than 2.0 gm., calculated as anhydrous 11.3...... 1.42 .90 1.61 .80 13 inches___ X, 410 18)4 inches____ 1,182 citric, per 100 ml. of juice. 11.4...... 1.43 .90 1.63 .80 1 3 inches. . 1,384 1,167 11.5...... 1.44 .90 1.64 .8 0 14 inches 1,369 1,152 Brix-acid ratio. The Brix value is not 11.6...... ' 1.45 .90 1.66 .80 14)4 inches...... 1,336 20 inches_____ 1,137 less than 9 times the acid value, minus 11.7...... : ...... 1.47 .90 1.67 .90 15 inches_____ 1,313 11.8...... 1.48 .90 1.69 .80 the factor 1.5. (See Table No. I.) 11.9...... 1.49 .90 1.70 .80 The ratio of the Brix value to the 12.0...... 1.50 .90 1.71 .80 (4) “Acid” in canned grapefruit juice 12.1...... 1. 51 .90 1.73 .80 acid value does not exceed 14 to 1. (See 12.2...... :...... 1.52 .90 1.74 .8d is determined by titration with standard Table No. I.) * 12.3 1.53 .90 1.76 .80 sodium hydroxide solution, using phenol- (ii) If the canned grapefruit juice 12.4...... 1.54 .90 1.77 .80 12.5...... 1.55 .90 1.79 .80 phthalein as indicator. Acid is calcu­ possesses a good, normal canned "grape­ 12.6...... 1.57 .90 1.80 .80 lated as anhydrous citric acid. fruit juice flavor, having a slightly 12.7...... 1.58 .91 1.81 .80 12.8...... 1.59 .91 1.83 .80 (5) “Percent by volume of recoverable caramelized or an oxidized flavor, but 12.9...... 1.60 .92 1.84 .80 oil” in canned grapefruit juice is deter­ not an objectionable flavor, a score of 28 13.0...... 1.61 .93 1.86 .80 mined by the following method: 13.1...... 1.62 .94 1.87 .80 to 33 points may be given. Canned 13.2...... 1.63 .94 1.89 .80 (i) Equipment. grapefruit'juice that falls into this clas­ 13.3...... 1.64 .95 1.90 .80 13.4...... 1.65 .96 1.91 .80 Oil separatory trap similar to either of those sification shall not be graded above U. S. 13.5 . 1.67 .96 1.93 .80 illustrated in Figure 1 and Figure 2. Grade C or U. S. Standard, regardless of 13.6....'...... 1.158 .97 1.94 .80 Gas burner or hot plate. . the total score for the product (this is a 13.7...... 1.69 .98 1.96 .80 Ringstand and clamps. 13.8...... 1.70 .99 1.97 .80 limiting rule). To score in this classi­ 13.9...... 1.71 .99 1.99 .80 Rubber tubing. 95 fication canned grapefruit juice shall 14.0...... 1.72 1.00 2.00 © 3-liter narrow-neck flask. 14.1...... 1.73 1.01 2.01 .80 meet the following additional require­ 14.2...... 1.74 1.01 2.03 .80 (ii) Procedure. Exactly^ liters of juice ments": 14.3...... 1.75 1.02 2.04 .80 14.4...... 1. 77 1.03 2.06 .80 are placed in a 3-liter flask. Close the BriXt Not less than 9.0 degrees. 14.5...... 1.78 1.04 2.07 .80 stopcock, place distilled water in the Acid. Not less than 0.80 gm., calcu­ 14.6...... 1.79 1.04 2.09 .80 graduated tube, run cold water through lated as anhydrous citric, per 100 ml. of 14.7...... 1.80 1.05 2.10 .80 14.8...... 1.81 1.06 2.11 .80 the condenser from' bottom to top, and juice. 14.9...... 1.82 1.06 2.13 .80 bring the juice to a boil. Boiling is con­ Brix-acid ratio. The Brix value is not 15.0...... '...... 1.83 1.07 2.14 .80 15.1...... i ____ 1.84 1.08 2.16 .80 tinued for one hour at the rate of ap­ less than 7 times the acid value. (See 15.2...... 1.85 1.09 2.17 .80 proximately 50 drops per minute. By Table No. I.) 15.3...... ^ ...... 1.87 1.09 2.19 .80 15.4...... 1.88 1.10 2.20 .80 means of the stopcock, lower the oil into (iii) If the canned grapefruit juice 15.5...... 1.89 1.11 2.21 .80 the graduated portion of the separatory fails to meet the requirements of subdivi­ 15.6...... 1.90 1.11 2.23 .80 trap, remove the trap from the flask, sion (ii) of this subparagraph, or if the 15.7...... 1.91 1.12 2.24 .80 15,8...... 1.92 1.13 2.26 .80 allow it to cool, and record the amount of canned grapefruit juice has the flavor of 15.9...... 1.93 1.13 2.27 .80 oil recovered. 16.0...... 1.94 1.14 2.29 .80 green fruit, is off-flavor, or is distinctly 16.1...... 1.95 1.14 2.30 .80 The number of milliliters of oil re­ unpalatable for any reason, a score of 0 16.2...... L__ 1.97 1.15 2.31 .80 covered divided by 20 equals the percent 16.3...... 1.98 -1.16 2.33 .80 to 27 points may be given. Canned 16.4...... 1.99 1.17 2.34 .80 by volume of recoverable oil. grapefruit juice that falls into this clas­ 16.5...... 2.00 1.18 2.36 .80 (f) Tolerances for certification of of­ sification shall not be graded above U. S. ficially drawn samples. (1) When cer­ Grade D or Substandard, regardless of (e) Explanation of terms. (1) “9.5 tifying samples that have been officially drawn and which represent a specific lot the total score for the product (this is a degrees Brix” means that the juice tests limiting rule). of canned grapefruit juice, the grade 9.5 degrees when tested with a Brix hy­ for such lot will be determined by averag­ Table No. I—Maximum and M inimum Acid for drometer, read at the proper tempera­ the Respective Grades ing the total scores of the containers ture for the instrument used. comprising the sample, if: (i) Not more than one-sixth of such U. S. Grade A U. S. Grade C (2) “Normal canned grapefruit juice or U. S. Fancy or U. S.Stand- flavor” means that the product is free containers fail to meet all the require­ (grams acid ard (grams acid ments of the grade indicated by the Degree Brix per 100 ml.) per 100 ml.) from objectionable flavors or off-flavors average of such total scores, and, with of any kind. respect to such containers which fail to Maxi­ Mini­ Maxi­ Mini­ mum mum mum mum (3) “Free and suspended pulp” is de­ meet the requirements of the indicated termined by the following method: grade by reason of a limiting rule, the 9.0...... 1 29 Graduated centrifuge tubes with a, ca­ average score of all containers in the 9.1...... 1.30 sample for the factor, subject to such 9.2...... 1 31 * an pacity of 50 ml. are filled with juice and limiting rule, must be within the range 9.3...... ♦ 1.33 placed in a suitable centrifuge. The 9.4...... 1.34 for the grade indicated;. 9.5...... 1.22 0.90 1.36 .80 speed is adjusted, according to diameter, (ii) None of the containers compris­ 9.6...... 1.23 .90 1.37 .80 9.7...... 1.24 .90 1.39 .80 as indicated in Table No. II, ahd the juice ing the sample fall more than 4 points 9.8...... 1.25 .90 1.40 .80 is centrifuged for exactly 10 minutes. • below the minimum score for the grade 9.9...... 1.J27 .90 1.41 . .8 0 10.0...... 1.28 .90 1.43 .80 As used herein, “diameter” means the indicated by the average of the total 10.1...... 1.29 .90 1.44 .80 over-all distance between the bottoms of scores; and 10.2...... 1.30 .90 1.46 .80 (iii) All container^ comprising the 10.3_____ 1.31 .90 1.47 .80 opposing centrifuge tubes in operating 10.4____ 1.32 .90 1.49 .80 sample meet all applicable standards of 10.5__ 1.33 .90 1.50 .80 position. After centrifuging, the milli­ 10.6____ 1.34 .90 1.61 .80 quality promulgated under the Federal 10.7...... 1.35 .90 1.63 .80 liter reading at the top of the layer of Food, Drug, and Cosmetic Act and in ef­ 10.8...... 1.37 .90 1.54 .80 pulp in the tube is multiplied by 2 to give 10.9...... 1.38 .90 1.56 .80 fect at the time of the aforesaid certifi­ 11.0...... 1.39 .90 1.57 . .80 the percentage of pulp. cation. 4196 PROPOSED RULE MAKING (g) Score sheet for canned grapefruit The proposed revision is as follows: heat to assure preservation of the prod­ juice. uct in hermetically sealed containers. § 52.667 Canned tangerine juice. (a) Grades of canned tangerine juice. Canned tangerine juice is the undiluted, (1) “U. S. Grade A” or “U. S. Fancy” is Size and kind of container______Container mark or identification_____ ;______unfermented juice obtained from the ma­ the quality of canned tangerine juice Label______tured fresh fruit of the mandarin orange that possesses a bright typical color; is Net weight (in Avd. ounces) or Fluid measure (Citrus reticulata) which fruit has been (FI. ounces)...... *...... practically free from defects; possesses Vacuum (in inches)______-A... properly washed; may be packed with or a fine, distinct, normal canned tangerine Density (degrees Brix).._...... without the addition of a sweetening in­ juice flavor; and scores not less than 85 Percent pulp...... —...... Anhydrous citric acid (grams/100 ml.)------gredient; and is sufficiently processed by points when scored in accordance with Percent recoverable oil (volume)------OIL SEPARATORY TRAP Factors Score points

((A) 17-20..... I. Color...... 20 {(C) 14-16 *__ 1(D) 0-13 h ... ((A) 34-40___ II. Absence of defects. 40 ((C) 28-33 » .... 1(D) 0-271.._ ((X) 34-40...... III. Flavor...... 40 1(C) 28-33 1(D) 0-27 «.... Total score____ 100 Grade______

1 Indicates limiting rule. Issued this 19th day of July 1948. [seal] J ohn I. Thompson, Assistant Administrator, Pro- duction and Marketing Ad­ ministration. [F. R. Doc. 48-6577; Filed, July 21, 1948; 9:00 a. m.]

17 CFR, Part 52] U nited States Standards for Grades of Canned Tangerine Juice1 notice of proposed rule making Notice is hereby given, pursuant to the authority contained in the Department of Agriculture Appropriation Act, 1949 (Pub. Law 712, 80th Cong., 2d Sess., ap­ proved June 19, 1948), that the United States Department of Agriculture is con­ sidering the revision, as herein proposed, of the United States Standards for Grades of Canned Tangerine Juice (12 F. R. 1767). The aforesaid standards have been in effect since April 15, 1947, and this proposed revision, if made ef­ fective, will be the second issued by the Department for canned tangerine juice. The revision is proposed to improve further the quality of canned tangerine juice by changing the proportionate de­ gree of sweetness to acidity. All persons who desire to submit writ­ ten data, views, or arguments for con­ sideration in connection with the pro­ posed revision of these standards shall file the same in quadruplicate with the Chief, Processed Products ’Standardiza­ tion and Inspection Division, Fruit and Vegetable Branch, Production and Mar­ keting Administration, United States De­ partment of Agriculture, Washington 25, D. C., not later than 30 days after publi­ cation of this notice in the F ederal R eg­ ister.

1 The requirements of these standards shall not excuse failure to comply with the provi­ sions of the Federal Food, Drug, and Cosmetic Act. PRODUCTION AND MARKETING ADMINISTRATION Thursday, July 22, 1948 FEDERAL REGISTER 4197

the scoring system outlined herein. Brix value to the acid value does not ex­ is fairly free from defects; possesses a Canned tangerine juice of this grade ceed 18 to 1. good, normal canned tangerine juice meets the following requirements: (iv) Recoverable oil. Not more than flavor; and scores not less than 70 points (i) Briar. Not less than 10.5 degrees. 0.020 percent by volume of recoverable when scored in accordance with the (ii) Acid. Not less than 0.70 gm. nor oil. scoring system outlined herein. Canned more than 1.40 gm., calculated as an­ (v) Pulp. Not more than 7 percent tangerine juice of this grade meets the hydrous citric, per 100 ml. of juice. free and suspended pulp. following requirements: (iii) Brix-add ratio. The Brix value (2) “U. S. Grade C” or “U. S. Stand­ (f) Brix. Not less than 10.0 degree§. is not less than 11 times the acid value, ard” is the quality of canned tangerine (ii) Add. Not less than 0.60 gm. nor minus the factor 1.5; and the ratio of the juice that possesses a good typical color; more than 1.60 gm., calculated as anhy­ drous citric, per 100 ml. of juice. OIL SEPARATORY TRAP (iii) Brix-add ratio. The Brix value is not less than 9 times the acid value. (iv) Recoverable oil. Not more than 0.030 percent by volume of recoverable oil. (v) Pulp. Not more than 10 percent free and suspended pulp. (3) “U. S. Grade D” or “Substandard” is the quality of canned tangerine juice that fails to meet the requirements of U. S. Grade C or U. S. Standard. (b) Recommended fill of container. The recommended fill of container is not incorporated in the grades of the finished product since fill of container, as such, is not a factor of quality for the purposes of these grades." It is recom­ mended that canned tangerine juice oc­ cupy not less than 90 percent of the volume' capacity of the container. (c) Ascertaining the grade. The grade of canned tangerine juice may be ascertained by considering in addition to the requirements of the respective grades, the following factors: Color, ab­ sence of defects, and flavor. The rela­ tive importance of each factor is ex­ pressed numerically on the stale of 100. The maximum number of points that may be given for each factor is: Points (1) Color ______20 (2) Absence of defects______40 (5) F lavor__-______40 Total Score______100 (d) Ascertaining the rating of each factor. The essential variations within each factor are so described that the value may be ascertained for each factor and expressed numerically. The nu­ merical range within each factor is In­ clusive (for example, the range “17 to 20 points” means 17, 18, 19, or 20 points). (1) Color, (i) Canned tangerine juice that possesses a bright typical color may be given a score of 17 to 20 points. “Bright typical color” means that the tangerine juice possesses a bright yellow to yellow-orange color typical of freshly extracted juice and is free from traces of browning due to scorching, ox­ idation, caramelization, or other causes. (ii) If the canned tangerine juice pos­ sesses a good typical color, a score of 14 to 16 points may be given. Canned tangerine juice that falls into this classi­ fication shall not be graded above U. S. Grade C or U. S. standard, regardless of the total score for the product (this is a limiting rule). “Good typical color” means that the tangerine juice possesses a typical yellow to yellow-orange color that may be slightly amber or show evi­ dence of slight browning. (iii) If the canned tangerine juice is definitely dull or off-color for any reason,

U-S. DEPARTMENT OF AGRICULTURE PRODUCTION AfiD MARKETING ADMINISTRATION a score of 0 to 13 points may be given. No. 142------4 4198 PROPOSED RULE MAKING Canned tangerine juice that falls into shall not be graded above U. S. Grade drometer, read at the proper temperature this classification shall not be graded C or U. S. Standard, regardless of the for the instrument used. above U. S. Grade D or Substandard, total score for the product (this is a (2) “Normal canned tangerine juice regardless of the total score for the limiting rule). To score in this classi­ flavor” means that the product is free product (this is a limiting rule). fication canned tangerine juice shall from objectionable flavor or off flavor (2) Absence of defects. The factor of meet the following additional require­ of any kind. absence of defects refers to the degree ments: "(3) “Free and suspended pulp” iii de­ of freedom from particles of membrane, Brix. Not less than 10.0 degrees. termined by the following method : core, skin, seeds and seed particles, Acid. Not less than 0.60 gm. nor more (i) Graduated centrifuge tubes with a “rag,” recoverable oil, residue, similar than 1.60 gm., calculated as anhydrous capacity of 50 ml. are filled with canned substances, or other defects. citric, per 100 ml. of juice. tangerine juice and placed in a suitable (i) Canned tangerine juice that is Brix-acid ratio. The Brix value is not centrifuge. The speed is adjusted as in­ practically free from defects may be less than 9 times the acid value. (See dicated in Table No. II according to the given a score of 34 to 40 points. Canned Table No. I.) diameter specified and the canned tan­ tangerine juice that shows coagulation (iii) If the canned tangerine juice, gerine juice is centrifuged for exactly shall not be scored in this classification. fails to meet the requirements of subdi­ 10 minutes. As used herein, “diameter” “Practically free from defects” means vision (ii) of this subparagraph, or if means the over-all distance between the that the juice may contain not more the canned tangerine juice has the fla­ bottom of opposing centrifuge tubes in than 7 percent free and suspended pulp vor of green fruit, is off flavor, or is operating position. After centrifuging, and that there may be present not more distinctly unpalataple for any reason, a the milliliter reading at the top of the than 0.020 percent by volume of recov­ a score of 0 to 27 points may be given. layer of pulp in the tube is multiplied by erable oil when determined in accord­ Canned tangerine juice that falls into 2 to give the percentage of pulp. this classification shall not be graded ance with the methods outlined herein; T able Np. II and that the juice does not contain any above U. S. Grade D or Substandard, regardless of the total score for the noticeable seed particles, similar sub­ Approxi­ Approxi­ stances, or other defects. product (this is a' limiting rule). mate mate (ii) If the canned tangerine juice is Diameter resolu­ Diameter revolu­ Table N o. I—M aximum and Minimum Acid for the tions per tions per fairly free from defects, a score of 28 to R espective Grades minute minute 33 points may be given. Canned tan­ gerine juice that shows more than a U. S. Grade A U. S. Grade C 1,609 1514 inches____ 1,292 slight coagulation shall not be scored in or U. S. Fancy or U. S. Stand­ 1, 570 1,271 this classification. Canned tangerine (grams acid ard (grams acid) 1,534 1614 inches____ ii 252 Degree Brix per 100 ml.) per 100 ml.) 1,500 1,234 juice that falls into this classification 1,468 1,216 1,438 1,199 shall not be graded above U. S. Grade C Maxi­ Mini­ Maxi­ Mini­ 1,410 1,182 or U. S. Standard, regardless of the total mum mum mum mum i;384 1,167 score for the product (this is a limiting 14 inches. A .... 1,359 19J^ inches...... 1,152 U14 inches____ 1,336 20 inches..«___ 1,137 rule). “Fairly free from defects” means 10.0...... m i 0.60 15 inches_____ 1,313 that the juice may contain not more 10.1...... _...... 1.12 .60 10.2...... 1.13 .60 than 10 percent free and suspended pulp 10.3...... 1.14 .60 (4) “Acid” in canned tangerine juice is and that there may be present not more 10.4...... 1.15 .60 than 0.030 percent by volume of recover­ 10.5...... 1.09 0.70 1.17 .60 determined by titration withestandard 10.6...... 1.10 .70 1.18 .60 Sodium hydroxide solution, using phenol- able oil when determined in accordance 10.7...... 1.11 .70 1.19 .60 with the methods outlined herein; and 10.8...... 1.12 .70 1.20 .60 phthalein as indicator. Acid is calcu­ 10.9...... 1.13 .70 1.21 .60 lated as anhydrous citric acid. that seed particles, similar substances, 11.0...... 1.14 .70 1.22 .60 or other defects may be noticeable but 11.1 ...... 1.15 .70 1.23 .60 (5) “Percent by volume of recoverable 11.2...... 1.15 .70 ’ 1.24 .60 oil” in canned tangerine juice is deter­ are not prominent. 11,3...... 1.16 .70 1.25 .60 mined by the following method: ^ (iii) Canned tangerine juice that fails 11.4...... 1.17 .70 1.27 .60 11.5...... 1.18 .70 1.28 .60 (i) Equipment. to meet the requirements of subdivision 11.6...... 1.19 .70 1.29 .60 (ii) of this subparagraph, may be given 11.7...... : ...... 1.20 .70 1.30 .60 Oil separatory trap similar to either Of a score of 0 to 27 points and shall not 11.8...... 1.21 - .70 1.31 .60 those illustrated in Figure 1 and Figure 2. 11.9...... 1.22 .70 1. 32 .60 Gas burner or hot plate. be graded above U. S. Grade D or Sub­ 12.0 ...... 1.23 .70 1.33 .60 standard, regardless of the total score 12.1...... 1.24 .70 1.34 .60 Ringstand and clamps. 12.2...... 1.25 .70 1.35 .60 Rubber tubing. for the product (this is a limiting rule). 12.3...... 1.25 .70 1.37 ■ .60 3-liter narrow-neck flask. (3) Flavor. (i) Canned tangerine 12.4...... 1.26 .70 1.38 .60 12.5...... 1.27 .70 1.39 .60 (ii) Procedure. Exactly 2 liters of juice that possesses a fine, distinct, nor­ 12.6...... 1.28 .70 1.40 .60 mal canned tangerine juice flavor, free, 12.7...... 1.29 .70 1.41 .60 canned tangerine juice are placed in a 3- 12.8...... 1.30 .71 1.42 .60 liter flask. Close the stopcock, place dis­ from traces of scorching, caramelization, 12.9...... 1.31 .71 1.43 .60 oxidation, or terpene may be given a 13.0...... 1.32 .72 1.44 .60 tilled water in the graduated tube, run score of 34 to 40 points. To score in 13.1 ...... 1.33 .73 1.45 .60 cold water through the condenser from 13.2____• ...... 1.34 .73 1.47 .60 bottom to top, and bring the juice to a this classification canned tangerine juice 13.3...... 1.35 .74 1.48 .60 shall meet the following additional re­ 13.4...... 1.35 .74 1.49 .60 boil. Boiling is continued for one hour 13.5...... 1.36 .75 1.50 .60 at the rate of approximately 50 drops per quirements: 13.6...... 1.37 .75 1.51 .60 Brix. Not less than 10.5 degrees. 13.7...... - 1.38 .76 1.52 .60 minute. By m^ans of the stopcock, lower 13.8...... 1.39 .76 1.53 .60 the oil into the graduated portion of the Acid. Not less than 0.70 gm. nor more 13.9...... 1.40 .77 1.64 .60 than 1.40 gm., calculated as anhydrous 14.0...... 1.40 .78 1.55 .60 separatory trap, remove the trap from 14.1...... 1.40 .78 1.57 .60 the flask, allow it to cool, and record the citric, per 100 ml. of juice. 14.2...... 1.40 .79 1.58 .60 Brix-acid ratio. The Brix value is not 14.3...... — 1.40 .79 1.59 .60 amount of oil recovered. less than 11 times the acid value, minus 14.4...... 1.40 .80 1.60 .60 The number of milliliters of oil re­ 14.5...... - ...... 1.40 .80 1.60 .60 covered divided by 20 equals the percent the factor 1.5 (See Table No. I.) 14.6...... -...... 1.40 .81 1.60 .60 The ratio of the Brix value to the acid 14.7...... 1.40 .81 1.60 .60 by volume of recoverable oil, 14.8...... 1.40 .82 1.60 .60T (f) Tolerances for certification of of­ value does not exceed 18 to 1. (See Table 14.9...... 1.40 .83 1.60 .60 Ifift 1.40 .83 1.60 .60 ficially drawn samples. (1) When cer­ No. I.) 15.1...... 1.40 .84 1.60 .60 tifying samples that have been officially (ii) If the canned tangerine juice pos­ Ï5.2 ...... 1.40 .84 1.60 .60 drawn and which represent a specific lot 15.3...... 1.40 .85 1.60 .60 sesses a good normal canned tangerine 15.4...... 1.40 .85 1.60 - .60 of canned tangerine juice, the grade for Juice flavor, having a slightly caramel­ 15.5...... 1.40 .86 1.60 .60 such lot will be determined by averaging ized or an oxidized flavor, but not an the total scores of the containers com­ objectionable flavor, a score of 28 to 33 (e) Explanation of terms. (1) “10.5 prising the sample, if : points may be given. Canned tangerine degrees Brix” means that the juice tests (i) Not more than one-sixth of such juice that falls into this classification 10.5 degrees when tested with a Brix hy- containers fails to meet all the require- Thursday, July 22, 1948 FEDERAL REGISTER 4199 ments of the grade indicated by the av­ CIVIL AERONAUTICS (5) Form ACA 906r Aircraft Condi­ erage of such total scores, and, with re­ tional Sale Contract. spect to such containers which fail to ADMINISTRATION (6) Form ACA 909: Supplemental meet the requirements of the indicated [14 CFR, Part 4053 Affidavit to Application for Registration grade by reason of a limiting rule, the for All Types of Aircraft. (To be filled average score of all containers in the Procedure; R ecordation of in and submitted with Application for sample for the factor, subject to such Conveyances Registration (Form ACA 500, Part B) limiting rule, must be within the range NOTICE OF PROPOSED RULE MAKING when the aircraft has been repossessed for the grade indicated; pursuant to the provisions of a chattel (ii) None of the containers comprising Acting pursuant to authority appear­ mortgage or contract of conditional sale the sample fall more than 4 points below ing in sections 308 and 503 of the Civil and the person repossessing desires reg­ the minimum score for the grade indi­ Aeronautics Act of 1938, as amended, and istration o£ the aircraft in his name.) cated by the average of the total scores; in accordance with sections 3 and 4 of the (c) Application. A conveyance may and Administrative Procedure Act, notice is be recorded by submitting the original (iii) All containers comprising the hereby given that adoption of the fol­ document, or a properly executed dupli­ lowing amendment to Part 405, “Proce­ cate thereof, to the Civil Aeronautics sample meet all applicable standards of dure of the Civil Aeronautics Adminis­ quality promulgated under the Federal Administration, Office of Aviation Safety, tration,” is contemplated. Aircraft Service, Aircraft Records Sec­ Food, Drug, and Cosmetic Act and in All interested persons who desire to effect at the time of the aforesaid tion, Washington 25, D. C. There is no submit comments and suggestions for fee (other than the $4.00 registration certification. consideration by the Administrator of fee) for recording a bill of sale. A fee of (g) Score sheet for canned tangerine Civil Aeronautics in connection with the $4.00 is charged for the recording of a juice. proposed amendment, shall send them to lien covering one aircrafts If more than Civil Aeronautics Administration, Office one aircraft is covered by such lien the of Aviation Safety, Aircraft Service, Air­ Size and kind of container. ______fee shall be $4.00 for each aircraft. Fees Container mark or identification______. ______craft Records Section, Washington 25, shall be submitted in the form of a check Label______D. C., within 15 days after publication of or money order made payable to the Net weight- (in Avd. ounces) or Fluid measure this notice in the Federal R egister. (FI. ounces)______Treasurer of the United States. No fee Vacuum (in inches)...... -.... ______SUBPART E— RECORDATION OF CONVEYANCES is required for the recording of a release, Density (degrees Brix)...... Percent pulp.______. . . . ______Sec. cancellation, discharge, or satisfaction Anhydrous citric acid (grams/100 ml.)'______405.51 Recordation of aircraft ownership. relating to a lien covering an aircraft. Percent recoverable oil (volume)______405.52 Recordation of encumbrances against (d) Requirements. For further in­ specifically identified aircraft en­ formation with respect to the require­ Factors ' Score points gines. ments and instructions for the recorda­ 405.53 Recordation of encumbrances against tion of aircraft conveyances, see Part 503 [(A) 17-20...... aircraft engines, propellers, appli­ I. Color______20 ((C) 14-16».... ances, or spare parts maintained of this chapter, or mail requests to the 1(D) 0-13».... by or on behalf of certificated air Civil Aeronautics Administration, Office [(A) 34-40...... carriers. of Aviation Safety, Aircraft Service, Air­ n . Absence of defects. 40 ((C) 28-33 ».__ craft Records Section, Washington 25, 1(D) 0-27».... A u t h o r i t y : §§405.51 to 405.53, inclusive, [(A) 34-40____ D. C. III. Flavor...... 40 ((C) 28-33».... issued under 52 Stat. 986, 1006; 54 Stat. 1233, 1(D) 0-27».... 1235, 1236; Pub. Law 692, 80th Cong., 49 § 405.52 Recordation of encumbrances U. S. C. 458, 521; Ch. 523. Total score____ 100 against specifically identified aircraft en­ SUBPART E—RECORDATION OF CONVEYANCES gines—(a) General. All conveyances Grade______§ 405.51 Recordation of aircraft own­ affecting the title to, or any interest in, ership—(a) General. All conveyances any specifically identified aircraft engine » Indicates limiting rule. which affect the title to, or any interest or engines of seven hundred and fifty Issued this 19th day of July 1948. in, any aircraft registered under the pro­ or more rated take-off horsepower for visions of the Civil Aeronautics Act axe each such engine or the equivalent of [seal] John I. Thompson, eligible for recordation with the Civil such horsepower are eligible for recorda­ Assistant Administrator, Pro­ Aeronautics Administration. A receipt tion with the Civil Aeronautics Admin­ duction and Marketing Ad­ showing the recording of any document istration. A receipt showing the record­ ministration. evidencing indebtedness will be furnished ing of any such conveyance will be fur­ [F.~R. Doc. 48-6578; Filed, July 21, 1948; to the holder of such document. nished to the holder thereof. 9:00 a. m.] (b) Forms of conveyance. The fol­ (b) Forms of conveyance. The Civil lowing forms have been prepared by the Aeronautics Administration has not pre­ Administrator for use in recording of pared any sample forms of conveyance conveyances and are available upon re­ for use in taking a security interest in quest to the Civil Aeronautics Adminis­ aircraft engines. However, Form ACA- 17 CFR, Part 9511 tration, Office of Aviation Safety, Air­ 1990 has been designed to serve as a re­ craft Service, Aircraft Records Section, ceipt for the recording of aircraft en­ T okay Grapes Grown in California Washington 25, D. C. gine conveyances. (c) Recording fee. A fee of $2.00 is NOTICE OF RECOMMENDED DECISION AND OP­ (1) Form AC A 500: Part C, BiU of PORTUNITY TO FILE WRITTEN EXCEPTIONS Sale. (For further information con­ charged for the recording of an instru­ WITH RESPECT TO PROPOSED AMENDMENTS cerning Form ACA 500, see § 405.31 (c).) ment executed for security purposes TO AMENDED MARKETING AGREEMENT AND (2) Form ACA 506: Release. (This covering one engine. If more than one ORDER form appears qn the back of a letter aircraft engine is covered by such in­ Correction acknowledging receipt of a chattel mort­ strument the fee shall be $2.00 for each gage, and should be in the possession of aircraft engine. Fees shall be submitted In F. R. Doc. 48-6328 appearing in the the mortgagee or his assignee to be used in the form of a check or money order issue for Thursday, July 15,1948, at page when the mortgage is cleared.) made payable to the Treasurer of the 4020 the following changes should be (3) Form ACA 818: Release Contract United States. No fee is required for the made: of Conditional Sale. (This form appears recording of a release, cancellation, dis­ on the back of a letter acknowledging a. Under Findings and conclusions, receipt of a contract of conditional sale charge, or satisfaction relating to a con­ the word “shown” in the second line of and should be in the possession of the veyance covering an aircraft engine. paragraph (5) should read “shows.” seller or his assignee to be used when all (d) Requirements. For further in­ b. In the 3d column on page 4024, the conditions of the contract have been formation with respect to the require­ word “furnished” appearing in the met.) ments and instructions for the recorda­ twelfth line of subparagraph (2) should (4) Form ACA 905: Aircraft Chattel tion of encumbrances against specifically read “furnishes.” Mortgage. identified aircraft engines, see Part 504 4200 PROPOSED RULE MAKING of this chapter, or mail requests to the the Administrative Procedure Act, notice paragraph shall apply only to convey­ Civil Aeronautics Administration, Office is hereby given that adoption of the fol­ ances executed for security purposes, and of Aviation Safety, Aircraft Service, Air­ lowing revised Part 503 is contemplated. not to any release, cancellation, dis­ craft Records Section, Washington 25, All interested persons who desire to charge, or satisfaction thereof; and D. C. submit comments and suggestions for (e) It is acknowledged before a notary consideration by the Administrator of public or other officer authorized by law § 405.53 Recordation of encumbrances Civil Aeronautics in connection with the of the United States, or of a State, Ter­ against aircraft engines, propellers, ap­ proposed revision, shall send them to ritory or possession thereof, or the Dis­ pliances, or spare parts maintained by Civil Aeronautics Administration, Office trict of Columbia, to take acknowledge­ or on behalf of certificated air carriers— of Aviation Safety, Aircraft Service, Air­ ment of deeds. (a) General. All conveyances affecting craft Recordation Section, Washington F. B. Lee, the title to, or any interest in, any air­ 25, D. C., within 15 days after publication Acting Administrator craft engines, propellers, or appliances of this notice in the Federal R egister. of Civil Aeronautics. maintained by or on behalf of an air carrier certificated under section 604 (b) Sec. [F. R. Doc. 48-6525; Filed, July 21, 1948; 503.1 Basis and purpose. «:47 a. m.] of the Civil Aeronautics Act of 1938, as 503.2 Definitions. amended, for installation or use in air­ 503.3 Eligibility of conveyances. craft, aircraft engines, or propellers, or A u t h o r i t y : §§ 503.1 to 503.3, inclusive, is­ any spare parts maintained by or on be­ sued under 52 Stat. 973, 986, 1006; 54 Stat. [14 CFR, Part 5041 half of such an air carrier, which instru­ 1233, 1235,1236; Pub. Law No. 692, 80th Cong., ments need only describe generally by 49 U. S. C. 401, 458, 523; Ch. 523, 2d Sess. R ecordation of Encumbrances Against types the engines, propellers, appliances, Specifically I dentified Aircraft En­ and spare parts covered thereby and § 503.1 Basis and purpose. The pur­ gines pose of this part is to prescribe regula­ designate the location or locations NOTICE OF PROPOSED RULE MAKING thereof, are eligible for recordation with tions for recordation of conveyances af­ the Civil- Aeronautics Administration. fecting the title to, or any interest in, any Acting pursuant to authority appear­ A receipt showing the recording of any aircraft registered under the provisions ing in sections 308 and 503 of the Civil such conveyance will be furnished to the of section 501 of the Civil Aeronautic» Aeronautics Act of 1938, as amended, and holder thereof. Act of 1938, as amended, and Part 501 or in accordance with sections 3 and 4 of (b) Forms of conveyance. The Civil Part 502 of this chapter. The basis for the Administrative Procedure Act, notice Aeronautics Administration has not pre­ this part is found in sections 308 and 503 is hereby given that adoption of the fol­ pared any sample forms of conveyance of the Civil Aeronautics Act of 1938, as lowing new Part 504 is contemplated. for use in taking a security interest in amended. All interested persons who desire to aircraft engines, propellers, appliances, § 503.2 Definitions. As used in this submit comments and suggestions for or spare parts. However, Form ACA- part, “conveyance” means: consideration by the Administrator of 1991 has been designed to serve as a re­ (a) A bill of sale, contract of condi­ Civil Aeronautics in connection with the ceipt for the recording of such convey­ tional sale, mortgage, assignment of proposed new part, shall send them to ances. mortgage, or other instrument affecting Civil Aeronautics Administration, Office (c) Recording fee. A fee of $2.00 is title to, or interest in, aircraft; and of Aviation Safety, Aircraft Service, Air­ charged for the recording of an instru­ (b) Any release, cancellation, dis­ craft Records Section; Washington 25, ment executed for security purposes cov­ charge, or satisfaction relating to any D. C., within 15 days after publication of ering aircraft engines, propellers, appli­ conveyance or other instrument recorded this notice in the F ederal R egister. ances, or spare parts situated in one lo­ under this part. Sec. cation. If the property covered by the •504.1 Basis and purpose. instrument is situated in more than one § 503.3 Eligibility of conveyances. A 504.2 Definitions« conveyance shall be eligible for recorda­ 504.3 Eligibility of conveyances. location the fee shall be $2.00 for each tion only if: ~ location. Fees shall be submitted in the A u t h o r i t y : §§ 504.1 to 504.3, inclusive, is­ form of a check or money order made (a) It is executed upon the form pre­ sued under 52 Stat. 973, 986, 1006; 54 Stat. payable to the Treasurer of the United scribed by the Administrator for such 1233,1235,1236; Pub. Law No. 692, 80th Cong., States. No fee is required for the re­ type of conveyance, or upon a form 49 U. S. C. 401, 458, 523; Ch. 523, 2d Sess. cording of a release, cancellation, dis­ deemed by the Administrator to be its equivalent; § ji04.1 Basis and purpose. The pur­ charge, or satisfaction relating to a con­ (b) It is accompanied by a duly exe­ pose of this part is to prescribe regula­ veyance covering aircraft engines, pro­ cuted application for registration and the tions for recordation of conveyances af­ pellers, appliances, or spare parts. required registration fee, and complies fecting the title to, or any interest in, (d) Requirements. For further, in­ with the other provisions of either any specifically identified aircraft engine formation with respect to the require­ § 501.3. (a) or (b) of this chapter, which­ or engines of seven hundred and fifty or ments and instructions for the recorda­ ever is applicable: Provided, That this more rated take-off horsepower for each tion of encumbrances against aircraft paragraph shall not apply to convey­ such engine or the equivalent of such engines, propellers, appliances, or spare ances affecting an interest in, but not "horsepower. The basis for this part is parts maintained by or on behalf of cer­ title to, the aircraft; found in sections 308 and 503 of the Civil tificated air carriers, see Part 505 of Aeronautics Act of 1938, as amended. this chapter, or mail requests to the Civil (c) It affects an aircraft currently Aeronautics Administration, Office of registered under the terms of the Civil § 504.2 Definitions. As used in this Aviation Safety, Aircraft Service, Air­ Aeronautics Act of 1938, as amended; part, “conveyance” means: (d) It is accompanied by the required (a) 'Any lease, mortgage, equipment craft Records Section, Washington 25, , recordation fee:1 Provided, That this D. C. trust, contract of conditional sale, or other instrument executed for security F. B. Lee, 1 Section 405.51 (c) of this chapter provides: Acting Administrator “Application. A conveyance may be recorded purposes, which instrument affects the of Civil Aeronautics. by submitting the original document, or a title to, or any interest in, any specifi­ [F. R. Doc. 48-6524; Filed, July 21, 1948; properly executed «¡duplicate thereof, to the cally identified aircraft engine or engines 8:47 a. m.] Civil Aeronautics Administration, Office of of seven hundred and fifty or more rated Aviation Safety, Aircraft Service, Aircraft take-off horsepower for each such en­ Records Section, Washington 25, D. C. There gine or the equivalent of such horse­ is no fee (other than the $4.00 registration power ; [14CFR, Part 503] fee) for recording a bill of sale. A fee of $4.00 (b) Any assignment, amendment, or is charged for the recording of a lien covering one aircraft. If more than one aircraft is supplement of or to any of the instru­ R ecordation of Aircraft Ownership covered by such lien the fee shall be $4.00 ments set forth in paragraph (a) of this NOTICE OF PROPOSED RULE MAKING for each aircraft. Fees shall be submitted in section; and the form of a check or money order made (c) Any release, cancellation, dis­ Acting pursuant to authority appear­ payable to the Treasurer of the United States. charge, or satisfaction relating to any of ing in sections 308 and 503 of the Civil No fee is required for the recording of a re­ Aeronautics Act of 1938, as amended, and lease, cancellation, discharge, or satisfaction the instruments set forth in paragraphs in accordance with sections 3 and 4 of relating to a lien covering an aircraft.” (a) and (b) of this section. . Thursday, July 22, 1948 FEDERAL REGISTER 4201 § 504.3 Eligibility of conveyances. A All interested persons who desire to title to, or any interest in, any aircraft conveyance shall be eligible for recorda­ submit comments and suggestions for engines, propellers, appliances, or spare tion only if : consideration by the Administrator of parts maintained by or on behalf of an (a) It affects an aircraft engine which Civil Aeronautics in connection with the air carrier certificated under section 604 is specifically identified by make, model, proposed new part, shall send them to (b) of the Civil Aeronautics Act of 1938, and by manufacturer’s serial number; Civil Aeronautics Administration, Office as amended; (b) It affects an aircraft engine of of Aviation Safety, Aircraft Service, Air­ (b) Any assignment, amendment, or seven hundred and fifty or more rated craft Records Section, Washington 25, supplement of or to any of the instru­ take-off horsepower or the equivalent of D. C., within 15 days after publication of ments set forth in paragraph (a) of this such horsepower; this notice in the Federal R egister. section; and (c) Any release, cancellation, dis­ (c) It is accompanied by the required Sec. recordation fee:1 Provided, That this ^OS.l Basis and purpose. charge, or satisfaction relating to any of paragraph shall not apply to any release, 505.2 Definitions. m the instruments set forth in paragraphs cancellation, discharge, or satisfaction 505.3 Eligibility of conveyances. (a) and (b) of this section. relating to any conveyance recorded A u t h o r i t y : §§ 505.1 to 505.3,” inclusive, § 505.3 Eligibility of conveyances. A under this part; and issued under 52 Stat. 973, 986, 1006; 54 Stat. conveyance shall be eligible for recorda­ (d) It is acknowledged before a notary 1233,1235,1236; Pub. Law No. 692, 80th Cong., tion only if: public or other officer authorized by law 49 U, S. C. 401, 458, 523; Ch. 523, 2d Sess. (a) It affects aircraft engines, pro­ of the United States, or of a State, Ter­ § 505.1 Basis and purpose. The pur­ pellers, appliances, or spare parts main­ ritory, or possession thereof, or the Dis­ pose of this part is to prescribe regula­ tained by or on behalf of an air carrier trict of Columbia, to take acknowledg­ tions for recordation of conveyances af­ certificated under section 604 (b) of ment of deeds. fecting the title to, or any interest in, any the Civil Aeronautics Act of 1938, as F. B. Lee, aircraft engines, propellers, or appli­ amended; Acting Administrator ances maintained by or on behalf of an (b) It specifically describes the loca­ of Civil Aeronautics. air carrier certificated under section 604 tion or locations of the aircraft engines, [P. R. Doc. 48-6526; Filed, July 21, 1948; (b) of the Civil Aeronautics Act of 1938, propellers, appliances, and spare parts 8:48 a. m.] as amended, for installation or use in covered thereby; aircraft, aircraft engines, or propellers, (c) It is accompanied by the required or any spare parts maintained by or on recordation fee:8 Provided, That this behalf of such an air carrier, which in­ paragraph shall not apply to any release, strument need only describe generally by cancellation, discharge, or satisfaction 114 CFR, Part 5051 types the engine, propellers, appliances, relating to any conveyance recorded R ecordation of Encumbrances Against and spare parts covered thereby and des­ under this part; and Aircraft Engines, Propellers, Appli­ ignate the location or locations thereof. (d) It is acknowledged before a notary ances, or Spare P arts The basis for this part is found in sec­ public or other officer authorized by law tions 308 and 503 of the Civil Aeronau­ of the United States, or of a State, Terri­ NOTICE OF PROPOSED RULE MAKING tics Act of 1938, as amended. tory, or possession thereof, or the District Acting pursuant to authority appear­ of Columbia, to take acknowledgment of ing in sections 308 and 503 of the Civil § 505.2 Definitions. As used in this deeds. Aeronautics Act of 1938, as amended, and part, “conveyance” means: F. B. Lee, in accordance with sections 3 and 4 of (a) Any lease, mortgage, equipment Acting Administrator the Administrative Procedure Act, notice trust, contract of conditional sale, or of Civil Aeronautics. is hereby given that adoption of the fol- other instrument executed for security [F. R. Doc. 48-6527; Filed, July 21, 1948; lowing'new Part 505 is contemplated. purposes, which instrument affects the 8:48 a. m.]

NOTICES

DEPARTMENT OF THE INTERIOR jections to the Secretary of the Interior. Alaska Such objections should be in writing, NOTICE FOR FILING OBJECTIONS TO PUBLIC Bureau of Land Management should be addressed to the Secretary of the Interior, and should be filed in dupli­ LAND ORDER 4 9 8 4 WITHDRAWING PUBLIC Oregon , cate in the Department of the Interior, LAND FOR USE OF BUREAU OF LAND MAN­ NOTICE FOR FILING OBJECTIONS TO PUBLIC Washington 25, D. C. In case any ob­ AGEMENT AS AN ADMINISTRATIVE SITE AND LAND ORDER NO. 4 7 9 ,2 WITHDRAWING PUB­ jection is filed and the nature of the op­ REDUCING AIR-NAVIGATION SITE WITH­ LIC LANDS FOR USE OF DEPARTMENT OF position is such as to warrant it, a pub­ DRAWAL NO. 129 ARMY FOR FLOOD CONTROL PURPOSES. lic hearing will be held at a convenient For a period of 60 days from the date For ELperiod of 30 days from the date time and place, which will be announced, of publication of the above-entitled or- of publication of the above-entitled or­ where opponents to the order may state der, persons having cause to object to the their views and where tfie proponents of 8 Section 405.53

Jr. requesting a permit to construct a volve objectionable interference with applications with which it might'then be new standard broadcast station in Cor­ United States station KOB, Albuquerque, in conflict. pus Christi, Texas, to operate on 1010 kc, New Mexico, of with any other existing with 10 kw power, daytime only, said ap­ broadcast stations and, if so, the nature F ederal Communications plication being expressly contingent upon and extent thereof, the areas and popu­ Commission, [seal] T. J. S lowie, a grant of the said KWBU application; lations affected thereby, and the avail­ Secretary. and (4) Texas Star Broadcasting Com­ ability of other broadcast service to such pany, licensee for operation of station areas and populations. [P. R. Doc. 48-6553; Filed, July 21, 1948; KTHT (Houston, Texas) on 1230 kc, with 5. To determine whether the operation 8:55 a. m.] 250 w power, unlimited time, and holder of the proposed stations and stations of a construction permit to change the KWBU and KTHT as proposed would facilities of station KTHT to 790 kc, with involve objectionable interference, as de­ 5 kw power, unlimited time, using a di­ fined in the North American Regional [Docket Nos. 9077, 9078] rectional antenna, requesting that the Broadcasting Agreement, with Mexican All Nations B roadcasting Co. and said construction permit be modified to station XEQR, Mexico City, or any other Neponset R adio Corp. specify operation ort 1030 kc, with 50 kw existing foreign broadcast station, and, power, unlimited time, using a direc­ ORDER DESIGNATING APPLICATIONS FOR CON­ if so, the nature and extent of such in­ SOLIDATED HEARING ON STATED ISSUES tional antenna at night; terference. It appearing, that the said applications 6. To determine whether the operation In re ¡applications of All Nations of Falls County Public Service and Carr of the proposed stations and stations Broadcasting Company, Boston, Massa­ P. Collins, Jr., involve prohibitive inter­ KWBU and KTHT as proposed'would in­ chusetts; Docket No. 9677, File No. ference, and that the said application of volve objectionable interference, each BP-6326; Neponset Radio Corporation, Carr P. Collins, Jr., also involves inter­ with the other, or with services proposed Norwood, Massachusetts; Docket No. ference with each of the said applica­ in any other pending applications for 9078, File No. BP-6614; for construction tions of Baylor University (KWBU) and broadcast facilities and, if so, the nature permits. Texas Star Broadcasting Company and extent thereof, the areas and popu­ At a session of the Federal Communi­ (KTHT), which latter applications are lations affected thereby, and the avail­ cations Commission, held at its offices mutually exclusive; and ability of other broadcast service to such in Washington, D. C., on the 12th day of It further appearing, that the said ap­ areas and populations. July 1948; plications of Baylor University (KBWU) 7. To determine whether the installa­ The Commission having under consid­ and Texas Star Broadcasting Company tion and operation of the proposed sta­ eration the application of All Nations (KTHT) have been in the pending file tions and stations KWBU and KTHT as Broadcasting Company requesting a per­ awaiting a decision in the Clear Channel- proposed would be in compliance with mit to construct a new standard broad­ Hearing (Docket No. 6741), pursuant to the Commission’s rules and Standards cast station in Boston, Massachusetts to the. Public Notice of August 9, 1946 of Good Engineering Practice Concern­ operate on the frequency 1390 kc, with (Mimeo No. 96934), and that the said ap­ ing Standard Broadcast Stations. 5 kw power, daytime only and Neponset plication of Carr P. Collins, Jr., has been 8. To determine on a comparative basis Radio Corporation requesting a permit in the pending file because it is contin­ which, if any, of the applications in this to construct a new standard broadcast gent upon a grant of the KWBU appli­ consolidated proceeding should be station in Norwood, Massachusetts to cation; granted. operate on the frequency 1390 kc, with It is ordered, That, pursuant to section It is further ordered, That Albuquer­ 500 w power, daytime only. 309 (a) of the Communications Act of que Broadcasting Company, licensee of It is ordered, That, pursuant to section 1934, as amended, the said applications of station KOB, Albuquerque, New Mexico, 309 (a) of the Communications Act of Falls County Public Service, Baylor Uni­ be, and it is hereby, made a party to this 1934, as amended, the said applications versity (KWBU), Carr P. Collins, Jr., and proceeding; be, and they are hereby, designated for Texas Star Broadcasting Company It is further ordered, That the said hearing in a consolidated proceeding at (KTHT) be, and they are hereby, desig­ applications of Baylor University a time and place to be designated by sub­ nated for hearing in a consolidated pro­ (KWBU) and Texas Star Broadcasting sequent order of the Commission, upon ceeding, at a time and place to be desig­ Company (KTHT) have been included in the following issues: nated by subsequent order of the Com­ this consolidated proceeding on the con­ 1. To determine the legal, technical, mission, upon the following issues: dition that if, as a result of the pro­ financial, and other qualifications of the 1. To determine the legal, technical, ceeding it appears that, were it not for applicant corporations, their officers, di­ financial and other qualifications of Carr the aforesaid Clear Channel Hearing rectors and stockholders to construct P. Collins, Jr. and of the partnership (Docket No. 6741) and the Commission’s and operate the proposed stations. Falls County Public Service and the part­ announcement of August 9, 1946, per­ 2. To determine the areas and popu­ ners to construct and operate their pro­ taining thereto, the public interest would lations which may be expected to gain posed stations, and to determine the best be served by a grant of the said ap­ or lose primary service from the opera­ technical, financial and other qualifica­ plication of either Baylor University or tion of the proposed stations and the tions of the corporation Baylor Univer­ Texas Star Broadcasting Company, then character of other broadcast service sity, its officers and trustees, and of the such prevailing application will be re­ available to those areas and populations. partnership Texas Star Broadcasting turned to the pending file until after 3. To determine the type and char­ Company and the partners to construct the said clear channel decision has been acter of program service proposed to be and operate stations KWBU and KTHT issued, at which time it will be consid­ rendered and whether it would meet the as proposed; ered in connection with other 1030 kc requirements of the populations and 2. To determine the areas and popula­ applications and with any other pending areas proposed to be served. tions which may be expected to gain or applications with which it might then be 4. To determine whether the operation lose primary service from the operation in conflict; of the proposed stations would involve of the proposed stations and stations It is further ordered, That the said objectionable interference with any exist­ KWBU and KTHT as proposed and the application of Carr P. Collins, Jr., has ing broadcast stations and, if so, the been included in this proceeding on the nature and extent thereof, the areas and character of other broadcast service populations affected thereby, and the available to those areas and populations. condition that if, as a result of the pro­ ceeding it appears that, were it not for availability of other broadcast service to. 3. To determine the type and char­ the contingency upon which it was filed, such areas and populations. acter of program service proposed to be the public interest would best be served 5. To determine whether the operation rendered and whether such would meet by a grant of said application, then said of the proposed stations would involve the requirements of the populations and objectionable interference each with the application will be returned to the pend­ other or with the services proposed in areas proposed to be served. ing file to await action on the contingent any other pending applications for 4. To determine whether the opera­ application, at which time, if the con­ broadcast facilities and if so, the nature tion of the proposed stations and stations tingency is removed; it will be consid­ and extent thereof, the areas and popu­ KWBU and KTHT as proposed would in- ered in connection with any pending lations affected thereby, and the availa- Thursday, July 22, 1948 FEDERAL REGISTER 4205 bility of other broadcast service to such casting Company, Incorporated then the The Commission having under consid­ areas and populations. said application of Anderson Broadcast­ eration the above-entitled applications 6. To determine whether the installa­ ing Company, Incorporated will be re­ each requesting a permit to construct a tion and operation of the proposed sta­ turned to the pending file until after the new standard broadcast station at the tions would be in compliance with the conclusion of the said hearing regard­ places specified above to operate on the Commission’s rules and Standards of ing daytime skywave transmissions. frequency 1240 kc, with 250 w power, Good Engineering Practice Concerning It is further ordered, That the said ap­ unlimited time; Standard Broadcast Stations. plications be heard upon the following It is ordered, That, pursuant to sectiôn 7. To determine on a comparative basis issues : 309 (a) of the Communications Act of which, if either, of the applications in 1. To determine the legal, technical, 1934, as amended, the said applications this consolidated proceeding should be financial, and other qualifications of the be, and they are hereby, designated for granted. applicant and of the applicant corpora­ hearing in a consolidated proceeding at F ederal Communications tion, its officers, directors and stockhold­ a time and place to be designated by sub­ Commission, ers to construct and operate the pro­ sequent order of the Commission, upon [seal] T. J. Slowie, posed stations. the following issues: Secretary. 2. To determine the areas and popu­ It To determine the legal, technical, [P. R. Doc. 48-6554; Filed, July 21, 1948; lations which may be expected to gain financial, and other qualifications of the 8:55 a. m.] i ^ or lose primary service from the opera­ applicant and of the applicant corpora­ tion of the proposed stations and the tion, its officers, directors and stockhold­ character of other broadcast service ers to construct and operate the proposed available to those areas and populations. stations. 3. To determine the type and charac­ 2. To determine the areas and papula­ [Docket Nos. 7793, 9076] ter of program service proposed to be tions which may be expected to gain of Charles H. Y oung and Anderson rendered and whether it would meet the lose primary service from the operation Broadcasting Co., Inc. requirements of the populations and of the proposed stations and the charac­ areas proposed to be served. ter of other broadcast service available ORDER DESIGNATING APPLICATIONS FOR CON­ 4. To determine whether the operation to those areas and populations. SOLIDATED HEARING ON STATED ISSUES of the proposed stations would involve 3. To determine the type and charac­ In re applications of Charles H. Young, objectionable interference with any ex­ ter of program service proposed to be Anderson, South Carolina*; Docket No. isting broadcast stations and, if so, the rendered and whether it would meet the 9076, File No. BP-5389; Anderson Broad­ nature and extent thereof, the areas and requirements of the populations and casting Company, Inc., Anderson, South populations affected thereby, and the areas proposed to be served. Carolina; Docket No. 7793, File NO. BP- availability of other broadcast service to 4. To, determine whether the opera­ 4995; for construction permits. such areas and populations. tion of the proposed stations would in­ At a session of the Federal Communi­ 5. To determine whether the opera­ volve objectionable interference with any cations Commission, held at its offices in tion of the proposed stations would in­ existing broadcast stations and, if so, the Washington, D. C., on the 12th day of volve objectionable interference each nature and extent thereof, the areas and July 1948; with the other, or with the services pro­ populations affected thereby, and the The Commission having under consid­ posed in any other pending applications availability of other broadcast service to eration the above-entitled applications for broadcast facilities and, if so, the na­ such areas and populations. of Charles H. Young requesting a per­ ture and extent thereof, the areas and 5. To determine whether the opera­ mit to construct a new standard broad­ populations affected thereby, and the tion of the proposed stations would in­ cast station to operate on the frequency availability of other broadcast service to volve objectionable interference each 1050 kc, with 1 kw power, daytime only such areas and populations. with the other or with the services pro­ in Anderson, South Carolina and Ander­ 6. To determine whether the installa­ posed in any other pending applications son Broadcasting Company, Incorpo­ tion and operation of the proposed sta­ for broadcast facilities and, if so, the rated requesting a permit to construct a tions would be in compliance with the nature and extent thereof, the areas and new standard broadcast station to oper­ Commission’s rules and Standards of populations affected thereby, and the ate on the frequency 1070 kc with 1 kw Good Engineering Practice Concerning availability of other broadcast service to power, daytime only in Anderson, South Standard Broadcast Stations. such areas and populations. Carolina; and 7. To determine on a comparative 6. To determine whether the installa­ It appearing, that the said application basis which, if either, of the applications tion and operation of the proposed sta­ of Anderson Broadcasting Company, In­ in this consolidated proceeding should tions would be in compliance with the corporated requests operation on a U. Si be granted. Commissioirs rules and Standards of clear channel and has been placed in the Good Engineering Practice Concerning pending file pursuant to the Commis­ F ederal Communications Standard Broadcast Stations. sion’s Public Notice of May 8, 1947 to Commission, 7. To determine on a comparative basis await conclusion of the hearing'regard­ [seal] T. J. Slowie, which, if either of the applications in ing daytime skywave transmissions Secretary. this consolidated proceeding should be (Docket No. 8333) but that the said ap­ [P. R. Doc. 48-6555; Piled, July 21, 1948; . granted. plication of Charles H. Young could be 8:56 a. m.] F ederal Communications granted on its merits without awaiting Commission, [ seal] T. J. Slowie, the outcome of the said hearing regard­ Secretary, ing daytime skywave transmissions; It is ordered, That, pursuant to sec­ [P. R. Doc. 48-6556; Filed, July 21, 1948; tion 309 (a) of the Communications Act [Docket Nos. 8928, 9079] 8:56 a. m.] of 1934, as amended, the said applica­ Mark P erkins and Metropolitan tions be, and they are hereby, desig­ B roadcasting Co. nated for hearing in a consolidated pro­ ceeding at a time and place to be desig­ ORDER DESIGNATING APPLICATIONS FOR CON­ nated by subsequent order of the Com­ SOLIDATED HEARING ON STATED ISSUES [Docket Nos. 8940-8944, 8971, 9062] mission: Provided however, That if, as a In re applications of Mark Perkins, Hudson Valley B roadcasting Co., Inc., result of the consolidated hearing, it San Antonio, Texas; Docket No. 9079, et AL. appears that, were it not for the issues File No. BP-6815; Metropolitan Broad­ pending in the hearing regarding day­ casting Company, Alamo Heights, Texas; ORDER CÒNTINUING HEARING time skywave transmissions (Docket No. Docket No. 8928, File No. 6661; for con­ In re applications of Hudson Valley 8333) and the Commission’s policy per­ struction permits. Broadcasting Company, Inc., Albany, taining thereto as announced in the Pub- At a session of the Federal Communi­ New York; Docket No._8940, File No. lice Notice of May 8, 1947, the public in­ cations Commission, held at its offices in BPCT-389; The Press Company, Inc., terest would be best served by a grant of Washington, D. C., on the 12th day of Albany, New York; Docket No. 8941, File the said application of Anderson Broad- July 1948; No. BPCT-395; Patroon Broadcasting No. 142----- 5 4206 NOTICES

Company, Inc., Albany, New York; Lean County Broadcasting Company, transmissions of standard broadcast sta­ Docket No. 8942, Pile No. BPCT-405; Van Bloomington, Illinois, requests the use of tions (Docket No. 8333) and stated Curler Broadcasting Corporation, Al­ 1080 kc, 250 watts, daytime only; therein that it would defer action on all bany, New York; Docket No. 8943, File It is ordered, This 9th day of July 1948, pending applications requesting daytime No. BPCT-408; Troy Broadcasting Com­ on the Commission’s own motion, that or limited time operation on United pany, Inc., Troy, New York; Docket No. the said hearing on the above-entitled States I-A or I-B frequencies until a de­ 8944, Pile No. BPCT-412; Meredith Pub­ applications bè, and it is hereby, con­ cision was announced in the said hear­ lishing Company, Albany, New York; tinued indefinitely pending decision in ing (Mimeo No. 6630); and Docket No. 8971, File No. BPCT-421; The the matter of daytime skywave trans­ Whereas, the above-entitled applica­ Troy Record Company, Troy, New York; missions of standard broadcast stations tion requests the use of 710 kc, 250 watts, Docket No. 9062, File No. BPCT-487; for (Docket No. 8333). daytime only; construction permits. It is ordered, This 9th day of July 1948, The Commission having under con­ F ederal Communications on the Commission’s own motion, that sideration a joint petition filed July 7, Commission the said hearing on the above-entitled 1948, by The Press Company, Inc., Al­ [seal] T. J. Slowie, application be, and it is hereby, con­ bany, New York, Troy Broadcasting Com­ Secretary. tinued indefinitely‘pending decision in pany, Inc., Troy, New York, and the Troy [F. R. Doc. 48-6558; Filed, July 21, 1948; the matter of daytime skywave trans­ Record Company, Troy, New York, re­ 8:56 a. m.] missions of standard broadcast stations questing a continuance of the hearing (Docket No. 8333). presently scheduled for July 26, 1948, at Albany, New York, and August 2, 1948, F ederal Communications at Troy, New York, on the above-entitled [Docket No. 8076] Commission, [seal] T. J. Slowie, applications for construction permits; WZHD, Inc. It is ordered, This 9th day of July 1948, Secretary. that the petition be, and it is hereby, ORDER CONTINUING HEARING [F. R. Doc. 48-6560; Filed, July 21, 1948; granted; and that the said hearing on In re application of WZHD, Incorpo­ 8:57 a. m.] the above-entitled applications be, and rated, Warren, Ohio; Docket No. 8076, it is hereby, continued to 10:00 a. m., File No. BP-5598; for construction per­ Monday, September 27, 1948, at Albany, mit. [Docket No. 8025] N. Y., and October 4,1948, at Troy, N. Y. Whereas, the above-entitled applica­ S eminole B roadcasting Co. F ederal Communications tion is scheduled to be heard at Wash­ ORDER CONTINUING HEARING Commission, ington, D. C., on July 20, 1948; and [seal] T. J. Slowie, Whereas, on May 9, 1948, the Com­ In re application of Seminole Broad­ Secretary. mission published^ notice of proposed casting Company, Wewoka, Oklahoma; rule-making with respect to daytime Docket No. 8025; File No. BP-5270; for [F. R. Doc. 48-6557; Filed, July 21, 1948; skywave transmissions of standard 8:56 a. m.] construction permit. broadcast stations (Docket No. 8333) Whereas, the above-entitled applica­ and stated therein that it would defer tion is scheduled to be heard at Wash­ action on all pending applications re­ ington, D. C., on July 16, 1948; and questing daytime or limited time opera­ Whereas, on May 9,1947, the Commis­ [Docket Nos. 8197, 8198, 8218, 8219] tion on United States I-A or I-B fre­ sion published a notice of proposed rule- quencies until a decision was announced Steel City Broadcasting Corp. et al. making with respect to daytime skywave in the said hearing (Mimeo No. 6630) ; transmissions of standard broadcast sta­ ORDER CONTINUING HEARING and tions (Docket No. 8333) and stated Whereas, the above-entitled applica­ therein that it would defer action on all In re applications of Steel City Broad­ tion of WZHD, Incorporated, Warren, pending applications requesting daytime casting Corporation, Gary, Indiana; Doc­ Ohio, requests the use of 830 kc, 1 kw, or limited time operation on United ket No. 8219, File No. BP-5888; North­ daytime only; States I-A or I-B frequencies until a de­ western Indiana Radio Company, Inc., It is ordered, This 9th day of July cision was announced in the said hear­ Valparaiso, Indiana; Docket No. 8218, 1948, on the Commission’s own motion, ing (Mimeo No. 6630) ; and File No. BP-5574; McLean County Broad­ that the said hearing on the above- Whereas, the above-entitled applica­ casting Company, Bloomington, Illinois; entitled application be, and it is hereby, tion requests the use of 720 kc, 250 watts, Docket No. 8198, File No. BP-5857; Radio continued indefinitely pending deci­ daytime only; Broadcasting Corporation, Peru, Illinois; sion in the matter of daytime skywave It is ordered, This 9th day of July Docket No. 8197, File No. BP-5747; for transmissions of standard broadcast sta­ 1948, on the Commission’s own motion, construction permits. tions (Docket No. 8333). that the said hearing on the above-en­ Whereas, the above-entitled applica­ F ederal Communications titled application be, and it is hereby, tions are scheduled to be heard at Gary, continued indefinitely pending decision Indiana, on July 20,1948; Valparaiso, In­ Commission, [seal] T. J. S lowie, in the matter of daytime skywave trans­ diana, on July 21, 1948, Bloomington, Secretary. missions of standard broadcast stations Illinois, on July 22, 1948, and at Peru, (Docket No. 8333). Illinois, on July 23,1948; and [F. R. Doc. 48-6559; Filed, July 21, 1948; Whereas, on May 9,1947, the Commis­ 8:57 a. m.] F ederal Communications sion published a notice of proposed rule- Commission, making with respect to daytime skywave [seal] T. J. Slowie, transmissions of standard broadcast sta­ Secretary. tions (Docket No. 8333) and stated [Docket 8266] [F. R. Doc. 48-6561; Filed, July 21, 1948; therein that it would defer action on all 8:57 a. m.] pending applications requesting daytime H eights Broadcasting Co. or limited time operation on United States I-A or I-B frequencies until a de­ ORDER CONTINUING HEARING cision was announced in the said hearing In re application of The Heights [Docket No. 8523] (Mimeo No. 6630) ; and Broadcasting Company, Cleveland, Ohio; F oulkrod R adio Engineering Co. Whereas, the above-entitled applica­ Docket No. 8266, File No. BP-5412; for tions of Steel City Broadcasting Corpo­ construction permit. ORDER CONTINUING HEARING ration, Gary, Indiana, and Radio Broad­ Whereas, the above-entitled applica­ In re application of Foulkrod Radio casting Corporation, Peru, Illinois, re­ tion is scheduled to be heard at Wash­ Engineering Company, Philadelphia, quests the use of 1080 kc, 1 kw, daytime ington, D. C., on July 23,1948; and Pennsylvania; Docket No. 8523, File No. only; and the above-entitled applications Whereas, on May 9,1948, the Commis­ BR-355; for renewal of license of Radio of Northwestern Indiana Radio Com­ sion published a notice of proposed rule- Station WTEL, Philadelphia, Pennsyl­ pany, Inc., Valparaiso, Indiana, and Mc- making with respect to daytime skywave vania. Thursday, July 22, 1948 FEDERAL REGISTER 4207 The Commission having under consid­ making with respect to daytime skywave The Commission having under consid­ eration a petition filed July 6, 1948, by transmissions of standard broadcast eration a petition filed July 6, 1948, by Foulkrod Radio Engineering Company, stations (Docket No. 8333) and stated KRGV, Inc., Weslaco, Texas, requesting Philadelphia, Pennsylvania, requesting a therein that it would defer action on all an indefinite continuance in the hearing continuance of the hearing on the above- pending applications requesting daytime presently scheduled for Washington, entitled application for renewal of li­ or limited time operation on United D. C., on July 14, 1948, upon its above- cense; States I-A or I-B frequencies until a entitled application for construction per­ It is ordered, This 9th day of July 1948, decision was announced in the said hear­ mit; that the petition be, and it is hereby, ing (Mimeo No. 6630) ; and It appearing, that there is pending be­ granted; and that the hearing on the Whereas, the above-entitled applica­ fore the Commission a petition for re­ above-entitled application be, and it is tion requests the use of 840 kc, 5 kw consideration and grant without hearing hereby, continued to 10:00 a. m., Tues­ power, daytime only, using directional filed on March 25, 1948; day, August 10, 1948, at Philadelphia, antenna; It is ordered, This 9th day of July Pennsylvania. It is ordered, This 9th day of July 1948, 1948, that the petition be, and it is here­ that the said hearing on the above*-enti- by, granted; and that the hearing on the F é d é r a i, C ommunications tled application be, and it is hereby, above-entitled application be, and it is C o m m is s io n , continued indefinitely pending decision hereby, continued indefinitely pending [ s e a l ] T. J . S l o w ie , action by the Commission on the said Secretary. in the matter of daytime skywave trans­ missions of standard broadcast stations petition for reconsideration and grant [F . R. Doc. 48-6562; Filed, July 21, 1948; (Docket No. 8333). without hearing. 8:57 a. m.] F e d er a l C ommunications F e d er a l C ommunications C o m m is s io n , C o m m i s s i o n , [ s e a l ] T- J- S l o w ie , [ s e a l ] T . J . S l o w i e , Secretary. [Docket No. 8152] Secretary. [F. R. Doc. 48-6566; Filed, July 21, 1948; E m p ir e B roadcasting C o . [F. R. Doc. 48-6564; Filed, July 21, 1948; 8:57 a. m.] 8:58 a. m.] ORDER CONTINUING HEARING In re application of Empire Broadcast­ ing Company, Pomona, California; [Docket No. 8232] Docket No. 8152, File No. BP-5813; for [Docket No. 8027] S u b u r b a n B roadcasting C o r p . construction permit. R o c k C r e e k B roadcasting C o r p . Whereas, the above-entitled applica­ ORDER CONTINUING HEARING tion is scheduled to be heard at Wash­ ORDER CONTINUING HEARING ington, D. C., on July 19,-1948; and In re application of Rock Creek Broad­ In re application of Suburban Broad­ Whereas, on May 9,1947, the Commis­ casting Corporation, Washington, D. C.; casting Corporation (WRUD), Upper sion published a notice of proposed rule- Docket No. 8027, File No. BP-5482; for Darby, Pennsylvania; Docket No. 8232, making with respect to daytime skywave construction permit. File No. BP-5134; for construction per­ transmissions of standard broadcast sta­ Whereas, the above-entitled applica­ mit. tions (Docket No. 8333) and stated there­ tion is scheduled to be heard at Wash­ Whereas, the above-entitled applica­ in that it would defer action on all pend­ ington, D. C., on July 23, 1948; and tion is scheduled to be heard at Wash­ ing applications requesting daytime or Whereas, on May 9,1947, the Commis­ ington, D. C., on July 20, 1948; and limited time operation on United States sion published a notice of proposed rule- Whereas, on May 9, 1947, the Com­ I-A or I-B frequencies until a decision making with respect to daytime skywave mission published a notice of proposed transmissions of standard broadcast sta­ rule-making with respect to daytime was announced in the said hearing skywave transmissions of standard (Mimeo No. 6630) ; and tions (Docket No. 8333) and stated there­ Whereas, the above-entitled applica* in that it would defer action oh all pend­ broadcast stations (Docket No. 8333) tion of Empire Broadcasting Company, ing applications requesting daytime or and stated therein that it would defer Pomona, California, requests the use of limited time operation on United States action on all pending applications re­ 680 kc, 1 kw, daytime only; I-A or I-B frequencies until a decision questing daytime or limited time opera­ It is ordered, This 9th day of July 1948, was announced in the said hearing tion on United States I-A or I-B fre­ on the Commission’s own motion, that (Mimeo No. 6630) ; and quencies until a decision was announced the said hearing, on the above-entitled Whereas, the above-entitled applica­ in the said hearing (Mimeo No. 6630) ; application be, and it is hereby, contin­ tion requests the use of 840 kc, 10 kw, and ued .indefinitely pending decision in the daytime only, using directional antenna; Whereas, the above-entitled applica­ It is ordered, This 9th day of July 1948, tion requests the use of 1170 kc, 1 kw, matter of daytime skywave transmissions daytime only; of standard broadcast stations (Docket on the Commission’s own motion, that It is ordered, This 9th day of July 1948, No. 8333) . the said hearing on the above-entitled on the Commission’s own motion, that F e d er a l C ommunications application be, and it is hereby, continued the said hearing on the above-entitled C o m m is s io n , indefinitely pending decision in the mat­ application be, and it is hereby, contin­ [ s e a l ] T. J. S l o w i e , ter of daytime skywave transmissions of ued indefinitely pending decision in the Secretary. standard broadcast stations (Docket No. matter of daytime skywave transmis­ [F. R. Doc. 48-6563; Filed, July 21, 1948; 8333). sions of standard broadcast stations 8:57 a. m.] F e d er a l C ommunications (Docket No. 8333). C o m m is s io n , F e d e r a l C ommunications [ s e a l ] T. J. S l o w ie , Secretary. C o m m is s io n , [ s e a l ] T. J. S l o w i e , [Docket No. 8J67] [F. R. Doc. 48-6565; Filed, July 21, 1948; Secretary. ^ 8:57 a. in.] W o o d w a r d B roadcasting Co. '[F. R. Doc. 48-6567; Fiïea, July 21, 1948; 8:58 a. m.] ORDER CONTINUING HEARING In re application of Woodward Broad­ casting Company, Detroit, Michigan! [Docket No. 8360] Docket No. 8167, Pile No. BP-5827; for [Docket No. 8409] construction permit. KRGV, I nc. P a r is h B roadcasting C o r p . Whereas, the above-entitled applica­ ORDER CONTINUING HEARING tion is scheduled to be heard at Washing­ ORDER CONTINUING HEARING ton, D. C., on July 19, 1948; and In re application of KRGV, Inc., Wes­ laco, Texas; Docket No. 8360, File No. In re application of Parish Broadcast­ Whereas, on May 9,1947, the Commis­ ing Corporation, Minden, Louisiana; sion published a notice of proposed rule­ BP-5734; for construction permit. 4208 NOTICES

Docket No. 8409. Pile No. BP-5749; for [Docket Nos. 7629, 8119, 8261] Whereas, the above-entitled applica­ construction permit. Lake Shore Broadcasting Co. et al. tions are presently scheduled to be heard The Commission having under con­ on July 19, 1948, at Pittsburgh, Pennsyl­ sideration a petition filed July 8, 1948, ORDER CONTINUING HEARING vania; and by Parish Broadcasting. Corporation, *In re applications of Lake Shore Whereas, a petition has been filed in Minden, Louisiana, requesting an indefi­ Broadcasting Company, Evanston, Illi­ the matter of the amendment of § 3.606 nite continuance of the hearing presently nois; Docket No. 7629, File No. BP-4750; of the Commission’s rules and regula­ scheduled for July 12, 1948, at Wash­ Lake States Broadcasting Company, Mil­ tions (Docket Nos. 8975 and 8736) re­ ington, D. C., upon its above-entitled ap­ waukee, Wisconsin; Docket No. 8119, File questing the addition of a television plication for construction permit; No. BP-5459; Cornbelt Broadcasting channel to the Pittsburgh area; It is ordered, This 9th day of July 1948, Company (WHOM), Clinton, Illinois; It is ordered, This 9th day of July, 1948, that the petition be, and it is hereby, Docket No. 8261, File No. BMP-2562;-for that the said hearing on the above-en­ granted; and that the hearing on the construction permits. titled applications be, and it is hereby, above-entitled application ber and it is Whereas, the above-entitled applica­ continued indefinitely pending termina­ hereby, continued indefinitely. tions are scheduled to be heard at Wash­ tion of the proceeding in the matter of F ederal Communications ington, D. C., on July 21, 1948; and the amendment of § 3.606 of thé Com­ Commission, Whereas, on May 9,1947, the Commis­ mission’s rules and regulations (Docket [seal] T. J. Slowie, sion published a notice of proposed rule- Nos. 8975 and 8736) pursuant to para­ Secretary. making with respect to daytime skywave graph 2 of the public notice dated May [F. R. Doc. 48-6568; Filed, July 21, 1948; transmissions of standard broadcast sta­ 21, 1948, entitled “Procedure Governing 8:58 a. m.] tions (Docket No. 8333) and stated Holding of Television Hearings’’. therein that it would defer action on all F ederal Communications pending applications requesting daytime Commission, or limited time operation on United [seal] T. J. Slowie, States I-A or I-B frequencies until a deci­ Secretary. [Docket Nos. 6737, 8454] sion was announced in the said hearing S outhern California B roadcasting Co. (Mimeo No. 6630) ; and [F. R. Doc. 48-6571; Filed, July 21, 1948; 8:58 a. m.] (KWKW) and Orange County B road­ Whereas, the above-entitled applica­ casting Co. tion of Lake Shore Broadcasting Com­ pany, Evanston, Illinois, requests the use order continuing hearing of 1520 kc, 5 kw, daytime only, using Laredo B roadcasting Co. In re applications of Southern Cali­ directional antenna; the above-entitled fornia Broadcasting Company (KWKW), application of Lake States Broadcast­ PUBLIC NOTICE CONCERNING PROPOSED ing Company, Milwaukee, Wisconsin, re­ TRANSFER OF CONTROL 1 Pasadena, California; Docket No. 6737, quests the use of 1520 kc, 5 kw, unlimited Pile No. BP-3710; Orange County Broad­ time, using directional antenna; and the The Commission hereby gives notice casting Company, Santa Ana, California; above-entitled application of Cornbelt that on May 24,1948, there was filed with Docket No. 8454, File No. BP-5936; for Broadcasting Company (WHOM), Clin­ it an application (BTC-658) for its con­ construction permits. ton, Illinois, requests the use of 1520 kc, sent under section 310 (b) of the Commu­ Whereas, the above-entitled applica­ 1 kw night, 5 kw day, unlimited time, nications Act to the proposed transfer of tions are scheduled to be heard at using directional antenna; control of Laredo Broadcasting Company Washington, D. C., on July 22, 1948; and It is ordered, This 9th day of July, licensee of AM station KPAB and per­ Whereas, on May 9,1947, the Commis- . 1948, on the Commission’s own motion, mittee of FM station KAIR, Laredo, that the said hearing on the above- Texas from Howard W. Davis and J. K. sion published a notice of proposed rule- Beretta to Mark Perkins. The proposal making with respect to daytime skywave entitled applications be, and it is hereby, continued indefinitely pending decision to transfer control arises out of a con­ transmissions of standard broadcast in the matter of daytime skywave trans­ tract of April 16,1948, pursuant to which stations (Docket No. 8333) and stated missions of standard broadcast stations Howard W. Davis and J. K. Beretta, as therein that it would defer action on all (Docket No. 8333) . owners of the entire capital stock of pending applications requesting daytime Laredo Broadcasting Company, consist­ or limited time operation on United F ederal Communications ing of 100 shares, held in equal amounts, States I-A or I-B frequencies until a de­ Commission, propose to sell all their rights, title and [seal] T. J. Slowie, interest in said stock to Mark Perkins. cision was announced in the said hear­ Secretary. ing (Mimeo No. 6630); and The consideration is the sum of $80,000, Whereas, the above-entitled applica­ [F. R. Doc. 48-6570; Filed, July 21, 1948; of which $25,000 is to be deposited to 8:58 a. m.] the credit of Howard W. Davis and J. K. tion of Southern California Broadcasting Beretta in the D. & A. Oppenheimer, Company (KWKW), Pasadena, Cali­ Bankers, Bank of San Antonio, Texas, as fornia, requests the use of 830 kc, 50 kw, of the date of the agreement. Twenty- daytime only; and the above-entitled [Docket Nos. 7287, 8694, 8730, 8743, 8782, 8840] seven thousand five hundred dollars is to application of Orange County Broad­ Allegheny B roadcasting Corp. et al. be paid in cash by Perkins to Davis and casting Company, Santa Ana, Cali­ Beretta twenty days after written con­ fornia, requests the use of 850 kc, 1 kw, ORDER CONTINUING HEARING sent of the Commission is granted. The daytime only; In re applications of Allegheny Broad­ remaining balance is to be divided into It is ordered, This 9th day of July casting Corporation, Pittsburgh, Penn­ three notes of equal amounts, to be dated 1948, that the said hearing on the above- twenty days after the approval of the sylvania; Docket No. 7287, File No. Commission, and which will bear inter­ entitled application be, and it is hereby, BPCT-147; Westinghouse Radio Stations, est at 6%, with one note being due at continued indefinitely, on the Commis­ Inc., Pittsburgh, Pennsylvania; Docket the end of one year, the second note due sion’s own motion, pending decision in No. 8694, File No. BPCT-221; WWSW, at tbe end of two years, and the third the matter of daytime skywave trans­ Inc., Pittsburgh, Pennsylvania; Docket note due in three years. The notes will missions of standard broadcast stations No. 8730, File No. BPCT-254; United be secured by collateral of the then mar­ (Docket No. 8333). Broadcasting „ Corporation, Pittsburgh, ket value of the face of said notes. It Pennsylvania; Docket No. 8743, File No. is further agreed that effective as of the F ederal Communications BPCT-276; WCAE, Incorporated, Pitts­ date of the agreement, Davis and Beretta » Commission, burgh, Pennsylvania; Docket No. 8782, [seal] T. J. S lowie, will cause Perkins to be employed as File No. BPCT-293; Pittsburgh Radio manager of station KPAB, and that Secretary. Supply House, Inc., Pittsburgh, Pennsyl­ [F. R. Doc. 48-6569; Filed, July 21, 1948; vania; Docket No. 8840, File No. BPCT- 1 Section 1.321, Part 1, Rules of Practice 8:58 a. m.] 345; for construction permits. and Procedure. Thursday, July 22, 1948 FEDERAL REGISTER 4209 Perkins shall be entitled to the profits „ [Docket Nos. G-1080, G-1003] SECURITIES AND EXCHANGE and shall be responsible for the losses, U nited Natural Gas Co. and Tex:as COMMISSION if any, which may be incurred during Eastern Transmission Corp. [File No. 7-1054] such managership if consent of the ORDER CONSOLIDATING PROCEEDINGS AND Commission is granted to the transfer FIXING DATE FOR HEARING Chicago, Milwaukee, St. Paul & of control of Laredo Broadcasting Com­ P acific R ailroad Co. pany. In the event that consent of the Upon consideration of the. application Commission is not granted by Decem­ filed July 13, 1948, by United Natural FINDINGS AND ORDER GRANTING EXTENSION Gas Company (Applicant), a Pennsyl- , OF UNLISTED TRADING PRIVILEGES ber 31, 1948, the $25,000 down payment vania corporation with its principal place which nas been deposited to the credit of business at Oil City, Pennsylvania, for At a regular session of the Securities of Davis and Beratta shall be returned an order pursuant to section 7 (a) of the and Exchange Commission, held at its to Perkins, less any losses which may be Natural Gas Act, directing Texas Eastern office in the city of Washington, D. C., suffered by station KPAB during the Transmission Corporation to furnish and on the 16th day of July A. D. 1948. tenure of his managership. Further in­ sell additional gas to Applicant at the The San Francisco Stock Exchange formation as to the arrangements may point of connection of Applicant’s 20-inch pursuant to Section 12 (f) (2) of the be found with the application and asso­ line near Wind Ridge, Greene County, Securities Exchange Act of 1934 and Rule ciated papers which are on file at the Pennsylvania, as described in such ap­ X-12F-1 thereunder, has made applica­ offices of the Commission in Washington, plication on file with the Commission tion for unlisted trading privileges in the D. C. and open to public inspection; Voting Trust Certificates for common Pursuant to § 1.321 which sets out the It appears to the Commission that; stock, no par value, of the Chicago, Mil­ procedure to be followed in such cases (a) It is necessary and desirable in the public intreest that a hearing be held re­ waukee, St. Paul & Pacific Railroad Co. including the requirement for public no­ After appropriate notice and oppor­ tice concerning the filing of the applica­ specting the matters involved and the issues raised by such application; tunity for hearing and in the absence of tion, the Commission was advised by (b) Good cause exists for consolidat­ any request by any interested person for applicant that starting on July 1, 1948, ing the proceedings to be held in Docket hearing on this matter, the Commission notice of the filing of the application No. G-1080 with proceedings in Docket on the basis of the facts submitted in the would be inserted in the Laredo Time a No. G-1003 for the purpose of hearing; newspaper of general circulation at . application makes the , following find­ and ings: Laredo, Texas in conformity with the The Commission orders that: (1) That this security is registered above section. (A) A public hearing be held, com­ and listed on the Chicago Stock Ex­ In accordance with the procedure set mencing at 10:00 a. m., e. d. s. t., on July out in said section, no action Will be had 16, 1948, in the Main Hearing Room of change and the New York Stock Ex­ the Federal Power Commission, 1800 change; that the geographical area upon the application for a period of 60 deemed to constitute the vicinity of the days from July 1,1948 within which time Pennsylvania Avenue, N. W., Washing­ ton, D. C., respecting the matters in­ San Francisco Stock Exchange is the other persons desiring to apply for the State of California; that out of Voting facilities involved may do so upon the volved and the issues presented by the application; Trust Certificates outstanding represent­ same terms and conditions as set forth (B) The public hearing provided for ing 2,123,214'shares of no par value com­ in the above described contract. in paragraph (A) above be and the same mon stock, certificates representing (Sec. 310 (b), 48 Stat. 1086; U. S. C. 310 is hereby consolidated for hearing with 75,604 shares are owned by 729 holders

[Pile No. 7-10551 office in the city of Washington, tS. C., posing the use by Philadelphia Company Chicago, Milwaukee, St. Paul & P acific on the 16th day of July 1948. of the $14,000,000 to be paid to Philadel­ RAILROAD CO. In the matter of Philadelphia Com­ phia Company out of the proceeds of the pany, Pittsburgh and West Virginia Gas sale of First Mortgage Bonds by Equita­ FINDINGS AND ORDER GRANTING UNLISTED Company, Equitable Gas Company, Fin- ble, as set forth in said Amendment No. TRADING PRIVILEGES leyville Oil and Gas Company. File No. 5 be, and the same is, -granted and per­ At a regular session of the Securities 70-1633. mitted to become effective forthwith; and Exchange Commission, held at its The Commission - having on June 30, and Philadelphia Company is authorized, office in the city of Washington, D. C., on 1948 entered its findings, opinion and or­ upon the redemption of its Bonds as pro­ the 16th day of July A. D. 1948. der in the above-entitled matter, grant­ vided in said amendment, (a) to charge The San Francisco Stock Exchange, ing the joint application therein, as to its Earned Surplus since January 1, pursuant to section 12 (f) (2) of the Se­ amended, and permitting the joint dec­ 1940, the unamortized portion of debt, curities Exchange Act of 1934 and Rule laration therein, as amended, to become discount and expense allocated to said X-12F-1 thereunder, has made applica­ effective, subject to certain terms and Bonds redeemed, and (b) to determine tion for unlisted trading privileges in the conditions including the following con­ the amount to be set aside from its earn­ Voting Trust Certificates for Preferred dition: ings and credited in its accounts to “Re­ Series A Stock of the Chicago, Milwau­ 2. The sum of $14,000,000 proposed to be serve for Revaluation of Assets” for each kee, St. Paul & Pacific Railroad Co. paid to Philadelphia Company out of the annual period, including the period in After appropriate notice and oppor­ proceeds of the sale of First Mortgage Bonds which said Bonds are redeemed, under tunity for hearing and in the absence of by Equitable shall be applied by Philadelphia the formula set forth in its Form U-A any request by any interested person for Company solely to the reduction of its pres­ filed June 9, 1941, at File No. 70-324, on ently outstanding debt in an appropriate hearing on this matter, the Commission manner not in contravention of the provi­ the same basis that such amount would on the basis of the facts submitted in the sions of the act, or the rules, regulations, or have been determined had the maturity application makes the following findings: orders thereunder, jurisdiction to pass upon of said Bonds not been accelerated; and (1) That this security is registered such application of proceeds being hereby It is further ordered, That said order and listed on the Chicago Stock Ex­ specifically reserved. of June 30,1948, is continued in full force change and the New York Stock Ex­ and effect except as expressly modified change; that the. geographical area Applicants-declarants having filed hereby. deemed to constitute the vicinity of the Amendment No. 5 to said joint applica­ San Francisco Stock Exchange 'is the tion-declaration proposing that Phila­ By the Commission. State of Calif prnia; that out of voting delphia Company will apply said $14,- [seal] Orval L. DuB ois, trust certificates outstanding represent­ 000,000, together with cash from its Secretary. ing a total of 1.121,740 shares of Series treasury, to the redemption by lot of $13,477,000 principal amount of its out­ [F. R. Doc^48-6547; Filed, July 21, 1948; Ar Preferred Stock, $100 Par Value, cer­ 8:51 a. m.] tificates representing 77,214 shares of standing 4%% Collateral Trust Sinking this security are owned by 1,210 holders Fund Bonds, in accordance with the pro­ in the vicinity of the San Francisco visions of the Indenture securing such Stock Exchange; and that in the vicinity Bonds, at their principal amount and [File No. 70-1853J of the San Francisco Stock Exchange accrued interest to the date of redemp­ there were 898 transactions in these cer­ tion plus the premium of 3%% of such National F uel Gas Co. et al. tificates representing 48,557 shares of principal amount specified in such In­ denture, said proposal being made sub­ SUPPLEMENTAL ORDER RELEASING this stock during the period from March JURISDICTION 1, 1947 until February 28, 1948; ject to the condition that the Commis­ (2) That sufficient public distribution sion authorize Philadelphia Company, At a regular session of the Securities of, and sufficient public trading activity upon the redemption of such Bonds: (a) and Exchange Commission, held at its in, this security exist in the vicinity of To charge to its Earned Surplus since office in the city of Washington, D. C., the applicant exchange to render the ex­ January 1, 1940, the unamortized por­ on the 15th day of July 1948. tension of unlisted trading privileges tion of debt, discount and expense al­ In the matter of National Fuel Gas thereto appropriate in the public inter­ located to said Bonds redeemed, and (b) Company, United Natural Gas Company, est and for the protection of investors; to détermine the amount to be set aside Iroquois Gas Corporation. File No. 70- and from its earnings and credited in its ac­ 1853. (3) That the extension of unlisted counts to “Reserve for Revaluation of National Fuel Gas Company (“Na­ trading privileges on the applicant ex­ Assets’* for each annual period, includ­ tional”), a registered holding company, change to this security is otherwise ap­ ing the period in which said Bonds are and its gas utility subsidiaries, United propriate in the public interest and for redeemed, under the formula set forth Natural Gas Company (“United”) and the protection of investors. in its Form U-A filed June 9, 1941, at Iroquois Gas Corporation (“Iroquois”), Accordingly it is ordered, Pursuant to File No. 70-324, on the same basis that having filed a joint application-declara­ section 12 (f) (2) of the Securities Ex­ such amount would have been deter­ tion, and amendments thereto, pursuant change Act of 1934, that the application mined had the maturity of said Bonds to the Public Utility Holding Company of the San Francisco Stock Exchange for not been accelerated: and Act of 1935, regarding, inter alia, the permission to extend unlisted trading Applicant-declarants having further issuance and sale by National pursuant privileges to the Voting Trust Certificates submitted to the Commission a Stipula­ to the competitive bidding requirements representing Series A Preferred Stock, tion executed op behalf of the Appli­ of Rule U-50 of $13,500,1)00 principal $100 Par Value, of Chicago, Milwaukee, cants-declarants and all stockholder amount of its Sinking Fund Deben­ St. Paul & Pacific Railroad Co. be, and groups participating in these proceed­ tures due 1973; and the same is, hereby granted. ings, consenting to the entry of an Order The Commission by order dated June By the Commission.* as requested by Philadelphia Company 30, 1948, having granted said applica­ and agreeing to be bound by such Order; tion-declaration, as amended, subject to [ seal] Orval L. DuB ois, and the condition, among others, that the Secretary. It appearing to the Commission that proposed sale of debentures shall not be [F. R. Doc. 48-6544; Filed, July 21, 1948; the transactions proposed in said consummated until the results of com­ 8:51 a. m.] Amendment No. 5 satisfy applicable pro­ petitive bidding pursuant to Rule U-50 visions of the act and rules thereunder shall have been made a matter of record and that it is appropriate in the public in this proceeding, and a further order ' [File No. 70-1633] interest and the interest of investors and shall have been entered in the light of P hiladelphia Co. et al. consumers to grant and permit to be­ the record so completed; and jurisdiction come effective said amended applica­ having been reserved over the payment SUPPLEMENTAL ORDER GRANTING AND PER­ tion-declaration, as amended by Amend­ of all legal fees and expenses in connec­ MITTING AMENDED APPLICATION-DECLARA­ ment No. 5: TION TO BECOME EFFECTIVE tion with the proposed transactions; and It is hereby ordered, That the said National having, on July 15,1948, filed At a regular session of the Securities amended joint application-declaration, a further amendment to said applica­ and Exchange Commission, held at its as amended by Amendment No. 5, pro­ tion in which it is stated that it has Thursday, July 22, 194b FEDERAL REGISTER 4211 [File Nos. 70-1887, 70-1888] offered the debentures for sale pursuant office in the city of Washington, D. C., to the competitive bidding requirements on the 15th day of July 1948. S ta n d a r d G a s a n d E l e c t r ic C o . a n d of Rule U-50 and has received the fol­ Notice is hereby given that an applica­ W i s c o n s i n P u b l ic S e r v ic e C o r p . lowing bids: tion-declaration has been filed with this NOTICE OF FILING Commission pursuant to sections 6, 7, At a regular session of the Securities Cost to and 12 of the Public Utility Holding Com­ Price to Interest Bidder Na­ pany Act of 1935 and certain rules and and Exchange Commission, held at its National rate tional regulations promulgated thereunder by office in the city of Washington, D. C., on Illinois Power Company (“Illinois”), a the 15th day of July 1948. Percent Percent Percent registered holding company and a public Nffftce is hereby given that separate Blyth & Co., Inc...... 101.27 3 2.9280 applications-declarations have been The First Boston Corp...... 100.89 3 2.9494 utility subsidiary of North American Halsey Stuart & Co., Inc... 100.4099 3 2.9Î66 Light & Power Company and The North filed with this Commission pursuant to Harrinjan Ripley & Co., American Company, both registered the Public Utility Holding Company Act 101.817 3.0209 of 1935 (“act”) by Standard Gas ahd White, Weld & Co...... 101.7591 3^ 3.0242 holding companies. Notice is further given that any person Electric Company (“Standard”), a reg­ may, not later than July 26, 1948, at istered holding company, and by its sub­ The amendment further stating that 5:30 p. m., e. d. s. t., request the Commis­ sidiary, Wisconsin Public Service Corpo­ National has accepted the bid of Blyth sion in writing that a hearing be held ration (“Public Service”) , - a public & Co., Inc. for the debentures as set forth on such matters stating the reasons for utility company. Standard has desig­ above and that the debentures will be such request, the nature of his interest, nated sections 9, 10 and 12 of the act as offered for sale to the public at a price and the issues of law or fact raised by applicable to the transactions which it of 101.769% of the principal amount said application-declaration which he proposes; Public Service has designated thereof, resulting in an underwriter’s desires to controvert or request that he section 6 (b) of the act and the pro­ spread of 0.499%; and be notified if the Commission should visions of Rules U-43 and U-50 (a) (3) The legal fees and expenses proposed order a hearing thereon. Any such re­ as applicable to the transactions which to be incurred in connection with the quest should be addressed: Secretary, it proposes. proposed transactions, including the sale Securities and Exchange Commission, Notice is further given that any inter­ of debentures, having Joeen estimated as 425 Second Street NW., Washington 25, ested person may, not later than July 26, follows: D. C. At any time after July 16, 1948 1948 at 5:30 p. m., e. d. s. t., request the Stryker, Tams & Hornier, counsel said application-declaration, as filed or Commission in writing that a hearing be * for National__ —------$10, 000 as amended, may be granted and per­ held on such matter, stating the nature Gifford, Graham, MacDonald & Illig, mitted to become effective as provided in of his interest, the reasons for such re­ local counsel------1» 500 quest and the issues, if any, of fact or law Kenefick, Cooke, Mitchell, Bass & Ride U-23 of the rules-and regulations Letchworth, local counsel------4,000 promulgated under the act, or the Com­ raised by said applications-déclarations Brooks, Cromarty & Baker, local mission may exempt such transactions proposed to be controverted, or may re­ counsel______500 as provided in Rule U-20 (a) and Rule quest that he be notified if the Commis­ Cahill, Gordon, Zachry & Reindel, U-100 thereof. sion should order a hearing thereon. At counsel for bidders,------10,000 All interested persons are referred to any time thereafter, such applications- The Commission having examined said said application-declaration which is on déclarations, as filed or as amended, may amendment and having considered the file in the offices of the Commission for be granted or permitted to become effec­ record herein and finding no basis for a statement of the transactions therein tive as provided in Rule U-23 of the rules imposing terms and conditions with re­ proposed, which are summarized below: and regulations promulgated pursuant Illinois proposes to call for redemption, to said act, or the Commission may ex­ spect to the price to be received for said empt such transactions as provided in debentures, the redemption prices on 30 days’ notice, all its outstanding 345,049 shares of 5% Cumulative Con­ Rules U-20 (a) and U-100 thereof. Any thereof, the interest rate thereon and vertible Preferred Stock, $50 par value, such request''should be addressed: Sec­ the underwriter’s spread; and at the call price of $52.50 per share. retary, Securities and Exchange Com­ It appearing that the proposed legal Each share of preferred stock is, by its mission, 425 Second Street NW., Wash­ fees and expenses are not unreasonable t£rms, convertible at any time into two ington 25, D. C. and that jurisdiction with respect thereto shares of common stock. Illinois also All interested persons are referred to should be released: proposes to issue and sell 690,098 addi­ said applications-déclarations, which are It is hereby ordered, That jurisdiction tional shares of its common stock. The on file in the offices of this Commission heretofore reserved in connection with Company proposes to have the issuance for statements of the transactions there­ the sale of said debentures be, and the in proposed which are summarized as same hereby is, released, and that the and sale of the common stock under­ said application, as further amended, written through an agreement which will follows: cover a commitment to purchase any Standard, presently owning all of the be, and the same • hereby is, granted issued and outstanding Common Stock, forthwith, subject to the terms and con­ shares of common stock which are not issued in conversion of the preferred par value $10 per share, of Public Service, ditions prescribed in Rule U-24 of the consisting of 1,200,000 shares, proposes general rules and regulations under the stock prior to the redemption date and has requested an exemption from the to acquire from Public Service for a cash act. competitive bidding requirements of Rule consideration of $1,750,000, and Public It is further ordered, That jurisdiction Service proposes to issue and sell to heretofore reserved over the legal fees U-50. The proceeds of any shares of common stock sold to the underwriters Standard for cash at par, an. additional and expenses in connection with the 175,000 shares of such Common Stock. proposed transactions be, and the same will be used to redeem any preferred stock which is not converted and for It is proposed that such issuance and hereby is, released. construction. acquisition shall occur in two steps: By the Commission. It is represented that the Illinois Com­ $1,000,000 par amount to be issued by Public Service and acquired by Standard [ s e a l ] O rval L . D tjB o i s , merce Commission has jurisdiction with Secretary. respect to the proposed transactions. on or before July 30, 1948, and the re­ Illinois has requested that the Com­ maining $750,000 par amount to be is­ [F. R. Doc. 48-6541; Filed, July 21, 1948; mission’s order granting and permitting sued by Public Service and acquired by 8:50 a. m.] effectiveness to the application-declara­ Standard concurrently with the closing tion be issued as promptly as possible of the bond transaction hereinafter de­ and become effective on the date of is­ scribed. The proposed transactions will suance. be a part of the permanent financing [File No. 70-1883] program of Public Service for the year By the Commission. 1948, which contemplates the issuance I l l i n o i s P o w e r C o . [ s e a l ] O rval L. DuBois, and sale of $5,250,000 bf its Firçt Mort­ NOTICE OF FILING Secretary. gage Bonds, Series due August 1, 1978, At a regular session of the Securities [F. R. Doc. 48-6543; Filed, July 21, 1948; and 175,000 shares of its Common Stock, and Exchange Commission, held at its 8:51 a. m.] as aforedescribed. Public Service states 4212 NOTICES

that it proposes subsequently to file a 89.9% or 1,576.201 shares. Idarado is the Commission his views or any addi­ separate application-declaration with also indebted to the Applicant in the tional facts bearing upon this applica­ reference to the proposed bond issuance- amount of $595,000 on open account. tion or the desirability of a hearing and sale. Sanray, a Delaware corporation, has out­ thereon, or request the Commission in Standard, upon the acquisition by it of standing 100,000 shares of capital stock, writing that a hearing he held thereon. the said additional 175,000 shares of all of which are owned by the Applicant Any such communication or request Common Stock of Public Service, pro­ and were acquired by it at a total cost should be addressed: Secretary, Securi­ poses to pledge such shares with Conti­ of $125,000. ties and Exchange Commission, 425 Sec­ nental Illinois National Bank and Trust It further appears that Idarado owns ond Street, N. W., Washington 25, D. C., Company of Chicago, as pledges under certain mining property situated in Ou­ and should state briefly the nature of the Bank Loan Agreement of Standard, ray and San Miguel Counties of Colo­ the interest of the person submitting dated December 21, 1945, as supplemen­ rado, including the Treasury Tunnel. It such information or requesting a hear­ ted or amended by supplemental agree­ also owns other groups of mining claims, ing, the reasons for such request, and ments dated February 15,1946 and April including claims believed to cover what the issues of fact or law raised by the 5, 1946. is known as the Ajax vein for a distance application which he desires to contro­ Standard represents that it desires to of approximately 6,300 feet on its strike. vert. consummate the transactions proposed Idarado owns a complete mining and for the purpose of providing Public Serv­ milling plant and is presently engaged By the Commission. ice with additional permanent capital in mining, extracting, and treating min­ [seal] Orval L. DuBois, and to increase the amount of the equity eral bearing or.es of a commercial grade Secretary. capital of that company. Public Service from its properties. The Treasury Tun­ [F. R. Doc. 48-6546; FUed, July 21, 1948; represents that it desires to consummate nel extends throughout the length of Ida- 8:51 a. m.] the transactions -on its part to finance rado’s property and. into the adjoining permanently a portion of its 1948 con­ property of* Sanray, providing access, struction expenditures, and to pay cur­ drainage, and ventilation for all of said rent bills as they become due. property. Sanray also owns certain DEPARTMENT OF JUSTICE Public Service states that the Public mining properties in Ouray and San Office of Alien Property Service Commission of Wisconsin has ap­ Miguel Counties which are in part con­ proved the proposed issuance and sale A u t h o r i t y ; 40 Stat. 411, 55 Stat. 839, Pub. tiguous to the property of Idarado and Laws 322, 671, 79th Cong., 60 Stat. 50, 925; 50 of its common stock and that said Com­ through the Treasury Tunnel are readily U. S. C. and Supp. App. 1, 616, E. O. 9193, mission is the only State Commission accessible and can be readily worked as July 6, 1942, 3 CFR, Cum. Supp., E. O. 9567, having jurisdiction over the proposed an integral part of the existing m ining June 8, 1945, 3 CFR, 1945 Supp., E. O. 9788, transaction and that no Federal commis­ operation of Idarado with the same plant, Oct. 14, 1946, 11 F. R. 11981. sion other than the Securities and Ex­ staff, power and other facilities. That [Vesting Order 11536] change Commission has jurisdiction. portion of the properties Of Sanray cov­ Applicants-declarants request that ering the Ajax vein lies between the K athe Bremer Muffler the Commission’s order With respect to properties of Idarado now accessible and In re: Claim of Kathe Bremer Muffler, the transactions proposed be issued by operated through the Treasury Tunnel July 27, 1948. also known as Katchen Bremer Muffler, and the properties of Idarado covering and as Kate Bremer Muffler, and Peter By the Commission. the Ajax vein. It also appears from the Bremer. F-28-23805-C-1. application that no actual mining opera­ Under the authority of the Trading' [seal] Orval L. D uBois, tions have been or are being conducted Secretary: With the Enemy Act, as amended, Exec­ by Sanray on its properties, except for utive Order 9193, as amended, and Ex­ [P. R. Doc. 48-6542; PUed, July 21, 1948; some preliminary underground explora­ ecutive Order 9788, and pursuant to law, 8:51 a. m.] tion work which is insufficient to provide after investigation, it is hereby found: the basis for an estimate of ore reserves 1. That Kathe Bremer Muffler, also but indicates that the Ajax vein extends known as Katchen Bremer Muffler, and through certain Sanray claims and that as Kate Bremer Muffler, whose last known [Pile No. 812-554] the mineralization encountered justifies address is Dorotheenstrasse 15, München N e w m o n t M i n i n g C o r p . e t a l . further exploration. The Applicant rep­ 58, Germany, and Peter Bremer, whose resents that both properties should be last known address is Geldernschestrasse NOTICE OP APPLICATION operated as a unit. 46, Krefeld, Germajiy, are'.residents of In the matter of Newmdht Mining «It further appears from the applica­ Germany and nationals of a designated Corporation, Idarado Mining Company,, tion that the Applicant has proposed to enemy country (Germany) ; Sanray Mining Company. File No. 812- Idarado that the latter purchase the 2. That the property described as foi-* 554. 100,000 shares of Sanray stock held by lows: That certain claim against the At a regular session of the Securities the Applicant for $125,000, thereafter Superintendent of Banks, State of Ohio, and Exchange Commissien held at its liquidate Sanray, and include all of the as liquidator of The Guardian Trust offices in Washington, D. C., on the 16th Sanray property as part of the Idarado Company, Room 1436 Guardian Budd­ day of July A. D. 1948. ' mine. Thev Applicant also proposes to ing, P. O. Box 6537, Cleveland 1, Ohio, Notice is hereby given that Newmont lend to Idarado $125,000 to enable the and/or The Guardian Trust Company, in Mining Corporation^ of 14 Wall Street, latter to make the purchase. Idarado liquidation, said claim represented by a New York, New York, a closed-end non- proposes to accept such offer, and dis­ Certificate of Claim numbered 13-175 diversified management company regis­ solve Sanray and to integrate the Stem- and representing that portion of the pro­ tered under the Investment Company ray properties with its own. ceeds of liquidation of the aforesaid trust Act of 1940, has filed an application pur­ _ For a more detailed statement of the company allocable to a savings account suant to section 17 (b) of thè act for an matters of fact and law asserted, all in­ therein numbered 12321, entitled Maria order exempting from the provisions of terested persons are referred to said ap­ Bremer, and any and all rights in and section 17 (a) of the act a proposed plication which is on file in the offices of under said claim, including, but not transaction’ whereby Idarado Mining the Commission in Washington, D. C. limited to, the right to collect dividends Company (“Idarado”) of Ouray, Colo­ Notice is further given that an order thereunder numbered 5, 6 and 7, in the rado, an affiliated person of the Applicant granting the application may be issued amounts of $101.87, $101.87 and $50.93, would purchase from the Applicant 100,- by the Commission at any time on or respectively, and the right to receive any 000 shares of the capital stock of San­ after July 27, 1948, unless prior thereto future payments thereunder, ray Mining Corporation (“Sanray”) for a hearing upon the application is or­ is property within the United States $125,000. dered by the Commission, as provided in owned or controlled by, payable or deliv­ It appears from the application that Rule N-5 of the rules and regulations erable to, held on behalf of or on account Idarado, a Delaware corporation, has promulgated under the act. Any inter­ of, or owing to, or which is evidence of outstanding 1,755,000 shares of capital ested person may, not later than July 23, ownership or control by, Kathe Bremer stock, of which the Applicant owns 1948, at 5:30 p. m., submit in writing to Muffler, also known as Katchen Bremer Thursday, July 22, 1948 FEDERAL REGISTER 4213 Muffler, and as Kate Bremer Muffler, and Savings Account, account number 22700, 4. That the said sum of $871.98 was Peter Bremer, the aforesaid nationals of entitled S. T. Sakurai, maintained at the accepted by the Attorney General of the a designated enemy country‘(Germany); aforesaid bank, and any and all rights United States on July 1, 1947, pursuant to demand, enforce and collect the same, to the Trading With the Enemy Act, as and it is hereby determined: amended; 3. That to the extent that the persons is property within the United States 5. That tl\e said sum of $871.98 is pres­ named in subparagraph 1 hereof are not owned or controlled by, payable or de­ ently in the possession of the Attorney within a designated enemy country, the liverable to, held on behalf of, or on ac­ General of the United States and was national interest of the United States re­ count of, or owing to, or which is evi­ property in the process of administration quires that such persons be treated as dence of ownership or control by, the by the aforesaid Henry L. Sinclair, Ad­ nationals of a designated enemy pountry aforesaid national of a designated enemy ministrator, acting under the judicial (Germany). country (Japan) ; supervision of the Superior Court of the All determinations and all action re­ and it is hereby determined: State of California, in and for the City quired by law, including appropriate 3. That to the extent that the person and County of San Francisco, which was consultation and certificatioii, having named in subparagraph 1 hereof is not payable or deliverable to, or claimed by, been made and taken, and, it being within a designated enemy country, the the aforesaid nationals of designated deemed necessary in the national in­ national interest of the United States enemy countries (Hungary and Ger­ terest, requires that such person be treated as many) ; There is hereby vested in the Attorney a national of a designated enemy country General of the United States the prop­ (Japan). and it is hereby determines: erty described above, to be held, used, All determinations and all action re­ , 6. That to the extent that the person administered, liquidated, sold or other­ quired by law, including appropriate con­ named in subparagraph 1 hereof was not wise dealt with in the interest of and for sultation and certification, having been within a designated enemy country on the benefit of the United States. made and taken, and, it being deemed July 1,1947, the national interest of the The terms “national” and “designated necessary in the national interest, United States required that such person enemy country” as used herein shall have There is hereby vested in the Attorney be treated as a national of a designated the meanings prescribed in section 10 of General of the United States the prop­ enemy country (Hungary) on such date; Executive Order 9193, as amended. erty described above, to be held, used, ad­ 7. That to the extent that the persons Executed at Washington, D. C., on ministered, liquidated, sold or otherwise named in subparagraph 2 hereof were June 25, 1948, dealt with in the interest of and for the not within a designated enemy country benefit of the United States. oh July 1, 1947, the national interest of For the Attorney General. The terms “national” and “designated the United States required that such per­ [seal] David L. Bazelon, enemy country” as used herein shall have sons be treated as nationals of a desig­ Assistant Attorney General, the meanings prescribed in section 10 of nated enemy country (Germany) on such Director, Office of Alien Property. Executive Order 9193, as amended. date. All determinations and all action re­ [P. R. Doc. 48-6580; Piled, July 21, 1948; Executed at Washington, D. C., on quired by law, including appropriate con­ 9:00 a. m.] June 25, 1948. sultation and certification, having been For the Attorney General. made and taken, and, it being deemed necessary in the national interest, [seal] D avid L. B azelon, There is hereby vested in the Attorney [Vesting Order 11541] Assistant Attorney General, General of the United States the prop­ S amy Takaichi Sakurai Director, Office of Alien Property. erty described above, to be held, used, administered, liquidated, sold or other­ In re: Stock and a bank account owned [F. R. Doc. 48-6581; Filed, July 21, 1948; 9:00 a. m.] ' wise dealt with in the interest of and for by Samy Takaichi Sakurai, also known the benefit of the United States. as Ryuichi Sakurai, Takaichi Sakurai, This vesting order is issued nunc pro Samy Sakurai, S. T. Sakurai, and as tunc to confirm the vesting of the said takaichi R. Sakurai. F-39-5210-A-1; [Vesting Order 11603] property by acceptance as aforesaid. F-39-5210-E-1. The terms “national” and “designated Under the authority of the Trading Hubert Bisinger enemy country” as used herein shall have With the Enemy Act, as amended, Execu­ the meanings prescribed in section 10 of tive Order 9193, as amended, and Execu­ In re: Estate of Hubert Bisinger, also Executive Order 9193, as amended. tive Order 9788, and pursuant to law, known as Hubert G. Bisinger, also known after investigation, it is hereby found: as Hubert A. G. Bisinger, also known as Executed at Washington, D. C., on 1. That Samy Takaichi Sakurai, also A1 Bisinger and Hubert Gustav Bisinges, July 9, 1948. known as Ryuichi Sakurai, Takaichi Sa­ deceased. Pile No. D-28-11746; E. T. sec. For the Attorney General. kurai, Samy Sakurai, S. T. Sakurai, and ¿5945 as Takaichi R. Sakurai, whose last known Under the authority of the Trading [seal] Harold I. B aynton, address, is Japan, is a resident of Japan With the Enemy Act, as amended, Exec­ Deputy Director, and a national of a designated enemy utive Order 9193, as amended, and Office of Alien Property. country (Japan); Executive Order 9788, and pursuant to [F. R. Doc. 48-6583; Filed, July 21, 1948; 2. That the property described as fol­ law, after investigation, it is hereby 9:01 a. m.] lows: found: a. Two thousand (2000) shares of 1. That Gertrude Bisinger, whose last common capital stock of Callahan Zinc- known address was, on July 1, 1947, [Vesting Order 11549] Lead Company, Inc., Room 8201, Empire Hungary, was on such date a resident of State Building, New York 1, New York, a Hungary and a national of a designated Leopold Wurst corporation organized under the laws of enemy country (Hungary) ( In re: Stock owned by Leopold Wurst. the State of Arizona, evidenced by certifi­ 2. That Elsa Jacob, Honor Bisinger, F-28-23474-D-1. cates numbered H26704/23 for one hun­ Agnes Bisinger and Tilly Bisinger, whose Under the authority of the Trading dred (100) shares each, registered in the last known address was, on July 1, 1947, With the Enemy Act, as amended, Exec­ name of Samy Sakurai, together with all Germany, were on such date residents utive Order 9193, as amended, and Exec­ declared and unpaid dividends thereon, of Germany and nationals of a desig­ utive Order 9788, and pursuant to law, and nated enemy country (Germany); after investigation, it is hereby found: b. That certain debt or other obliga­ 3. That the sum of $871.98 was paid to 1. That Leopold Wurst, whose last tion owing to Samy Takaichi Sakurai, the Attorney General of the United known address is Neuerwall 46, Hamburg, also known as Ryuichi Sakurai, Takaichi States by Henry L. Sinclair, Administra­ Germany, is a resident of Germany and Sakurai, Samy Sakurai, S. T. Sakurai, tor of the Estate of Hubert Bisinger; also a national of a designated enemy coun­ and as Takaichi R. Sakurai, by California known as Hubert G. Bisinger, as Hubert try (Germany); Bank, 625 South, Spring Street, Los An­ A. G. Bisinger, as A1 Bisinger and as 2. That the property described as fol­ geles 54, California, arising out of a Hubert Gustav Bisinger, deceased; lows: Thirteen (13) shares of $50.00 par No. 142----- 6 .4214 NOTICES value common capital stock of Anaconda [Vesting Order 11534] amount of $9.28, as of March 15, 1948, Copper Mining Company, 25 Broadway, Otto Kutsch arising out of payments on those certain New York, New York, a corporation or­ bonds referred to in subparagraph 2 (a) ganized under the laws of the State of In re: Bonds owned by and debts owing hereof, together with any and all accruals Montana, evidenced by Certificate num­ to Otto Kutsch. F-28-11791-A-1. thereto, and any and all rights to de­ ber 204643, registered in the name of Under the authority of the Trading mand, enforce and collect the same, Leopold Wurst, together with all declared With the Enemy Act, as amended, Exec­ is property within the United States and unpaid dividends thereon, utive Order 9193, as amended, and Exec­ owned or controlled by, payable or de­ utive Order 9788, and pursuant to law, liverable to, held on behalf of or on ac­ is property within the United States after investigation, it is hereby found: count of, or owing to, or which is evidence owned or controlled by, payable or de­ 1. That Otto Kutsch, whose last known of ownership or control by, the aforesaid liverable to, held on behalf of or on ac­ address is Krefeld, Verdingen, Germany, national of a designated enemy country count of, or owing to, or which is evidence is a resident of Germany and a national (Germany) ; of ownership or control by, the aforesaid of a designated enemy country (Ger­ national of a designated, enemy country many) ; and it is hereby determined: (Germany); 3. That to the extent that the person 2. That the property described as fol­ named in subparagraph 1 hereof is not and it is hereby determined: lows: within a designated enemy country, the 3. That to the extent that the person a. Two (2) City of Elmhurst, Illinois. named in subparagraph 1 hereof is not Special Assessment Improvement Bonds national interest o f the United States within a designated enemy country, the of $1,000.00 face value each, bearing the requires that such person be treated aS a national interest of the United States numbers A11385 and A11386, issued in national of a designated enemy country requires that such person be treated as bearer form, and presently in the cus- (Germany) .... a national of a designated enemy coun­ tory of The Milliken National Bank of All determinations and all action re­ try (Germany). Decatur, 100 North Water Street, Deca­ quired by law, including appropriate con­ All determinations and all action re­ tur, Illinois, together with any and all sultation and certification, having been quired by law, including appropriate con­ rights thereunder and thereto. made and taken, and, it being deemed sultation and certification, having been b. These certain debts or other obliga­ necessary in the national interest, made and taken, and, it being deemed tions evidenced by two (2) money orders, There is hereby vested in the Attor­ necessary in the national interest, payable to Otto Kutsch, numbered, dated ney General of the United States the There is hereby vested in the Attorney and in the amounts as listed below: - property described above, to be held, General of the United States the prop­ used, administered, liquidated, sold, or erty described above, to be held, used, Money order Nos. Date Amount administered, liquidated, sold or other­ otherwise dealt with in the interest of and for the benefit of the United States. wise dealt with in the interest of and for 9 0 8 3 9 ______Nov. 21,1944 ,$58.05 the benefit of the United States. 4 0 8 1 7 July 23,1946 98.78 The terms “national” and “designated The terms “national" and “designated enemy country” as used herein shall enemy country" as used herein shall have and presently in the custody of The Mil- have the meanings prescribed in section the meanings prescribed in section 10 of likin National Bank of Decatur, 100 North 10 of Executive Order 9193, as amended. Executive Order 9193, as amended. Water Street, Decatur, Illinois, and any Executed at Washington, D. C., on Executed at Washington, D .' C., on and all rights to demand, enforce and June 25, 1948. June 25, 1948. collect the aforesaid debts or other obli­ gations, together with all rights in, to For the Attorney General. For the Attorney General. and under the aforesaid money orders, [seal] D avid L. B azelon, [seal] D avid L. Bazelon, and Assistant Attorney General, c. That certain debt or other obliga­ Assistant Attorney General, Director, Office of Alien Property. tion, owing to Otto Kutsch, by The Mil- Director, Office of Alien Property. [F. R. Doc. 48-6582; Filed, July 2t, 1948; likin National Bank of Decatur, 100 North [F. R. Doc. 48-6508; Filed, July 20, 1948; 9:01 a. m.] Water Street, Decatur, Illinois, in the 8:55 a. m.]