FEDERAL REGISTER

VOLUME 12 NUMBER 95

Washington, Wednesday, May 14,1947

TITLE 5— ADMINISTRATIVE officer and making final decision that ob­ CONTENTS jections may not be sustained. PERSONNEL (Sec. 2, 22 Stat. 403, 50 Stat. 533; 5 Agriculture Department Pag® Chapter I*—Civil Service Commission U. S. C. 633) See also Sugar Rationing Admin­ istration. Part 01—Organization and Official R ec­ [seal] United States Civil S ervice Notices: ords of the Commission Commission, New Mexico Livestock Ex­ H. B. Mitchell, EXAMINING AND PLACEMENT DIVISION change Stockyards, posting of President. stockyards------3152 1. Section 01.9 (a) (3) is amended to [F. R. Doc. 47-4510; Filed, May 13, 1947;" Rules and regulations: read as follows : 8:45 a. m.] Administrative; delegation of § 01.9 Examining and Placement Divi­ authority to Sugar Rationing sion—(a) Organization. * * * • Administrator______3135 (3) The Social Science Placement Sec­ TITLE 7— AGRICULTURE Burley and flue-cured tobacco; tion. This section comprises the exami­ marketing quota, 1947-48____ 3135 Subtitle A— Office of the Secretary of nation units having responsibilities with Alien Property, Office of respect to positons in the fields of social Agriculture Notices: services, economics, accounting and Part 1—Administrative R egulations Vesting orders, etc.: allied occupations, and the various (Appendix) Barbey, August------1 3159 phases of administrative management. Costs and expenses incurred DELEGATION OF AUTHORITY TO SUGAR in certain Illinois and Mis­ 2. Subparagraphs (2) (ii) and Ciii) of RATIONING ADMINISTRATION § 01.9 (b) are amended to read as follows: souri courts______3165 Cross R eference: For delegation of Eggert, Ida______3159 Cb) Delegations of authority. * * * authority from the Secretary of Agricul­ Exportkreditbank A. G_____ 3165 (2) By the division. * * * ture to the Sugar Rationing Administra­ Franke, Karl______3163 (ii) To departments and agencies. tion of certain authority, powers and Giesler, Elizabeth______3163 Certain phases of the review of applica­ functions transferred to the Secretary Giessen, Ernst A______3162 tions involving acceptability from the of Agriculture by Executive Order No. Goetz, Christian, et al___ __ 3160 standpoint of legal requirements for 9841, see F. R. Document No. 47-4602, Helfrich, Anthony______3163 Federal service, for example, proof of Title 32, Chapter VII, Part 705, infra. Klein, Adam______3160 citizenship, proof that the requirement Lemke, Daisy Vivanti, and limiting the number of members of the Walter Lemke—______3164 same family who may be employed in the Natschiff, Christina Mar­ Federal service has been met, proof of garet—,------3164 military service and honorable discharge Chapter VII-— Production and Mar­ Rathje, Augusta W______3160 in case of five point war veterans; audit ■ keting Administration (Agricultural Rosenbusch, Anna______3161 of declaration of appointees; determina­ Adjustment) Schmid, Herman, et al_____ 3165 tion of experience, training, or educa­ Schrecker, Ulrich, et al_____ 3161 tional qualification for transfer, rein­ [Tobacco 13, Part II (1947)] Zendel, Herman______3161 statement, or promotions (under stand­ P art 725—Burley and F lue-Cured Rules and regulations: ards and with limitations prescribed by T obacco Substantive rules; limitations the Commission) ; where a Committee- on representative activities by type examination is involved, mainte­ SUBPART— 1947-48 MARKETING YEAR former employees______3142 nance of the registers of eligibles, certifi­ general cation of eligibles, and audit of reports Sec. Civil Aeronautics Administra­ on certificates (exclusive of authority to 725.330 Basis and purpose. tor act on objections or to determine the 725.331 Definitions. Rules and regulations: 725.332 Instructions and forms. Airway traffic control areas, sufficiency of reasons for passing over 725.333 Extent of calculations and rule of veterans). fractions. „ airport approach zones, air­ (iii) To committees of expert examin­ port traffic zones and radio ers. Where a Committee-type exami­ farm marketing quotas and marketing cards fixes, designation (2 docu­ nation is involved, rating of hand-scored 725.334 Amount of farm marketing quota. ments)_____i____^_a_3142,3148 assembled or unassembled examination 725.335 No transfers. Civil Service Commission papers; securing of corroborative infor­ 725.336 Issuance of marketing cards. Rules and regulations: 725.337 Person authorized to issue cards. mation regarding experience; acting on 725.338 Rights of producers in marketing Organization and official rec­ original appeals on ratings other than cards. ords; Examining and Place­ the written test in machine-scored ex­ 725.339 Successors in interest. ment Division______- 8135 aminations; preparing registers (subject 725.340 Invalid cards. Coast Guard to Commission approval) ; considering 725.341 Report"of misuse of marketing cards. Notices: . . objections offered by the appointing (Continued on next page) Approval of equipment___ _— 3152 3135 3136 RULES AND REGULATIONS

CONTENTS— Continued CODIFICATION GUIDE— Con. Post Office Department Title 24— Housing PaSe fEDERAi^REGISTER Rules and regulations: Chapter VI—Federal Public Hous­ V 1934 ¿¡¡P Postal service, international; ing Authority: *gift parcels for prisoners of Part $05—General procedural war held abroad______3151 provisions-______3149 Part 611 — Low-rent housing Published daily, except Sundays, Mondays, Securities and Exchange Com­ and slum clearance program; and days following official Federal holidays, mission policy______— 3149 by the Division of the Federal Register, the Notices: National Archives, pursuant to the authority Hearings, etc.: Title 32— National Defense contained in the Federal Register Act* ap­ Chapter VH—Sugar Rationing proved July 26, 1935 (49 Stat. 500, as Electric Bond and Share Co. amended; 44 U. S. C., ch. 8B), under regula­ et al______3155 Administration, Department tions prescribed by the Administrative Com­ Philadelphia Co. et al______3157 of Agriculture: mittee, approved by the President. Distribu­ Standard Gas and Electric Co; Part 705—Administration (2 tion is made ojily by the Superintendent of and California O regon documents)______3150 Documents, Government Printing Office, Part 707—Rationing of sugar_3150 Washington 25, D. C. Power Co. (2 documents)_3155, The regulatory material appearing herein is 3159 Title 39— Postal Service keyed to the Code of Federal Regulations, Sugar Rationing Administration Chapter I—Post Office Depart­ which is published, under 50 titles, pursuant ment: to section 11 of the Federal Register Act, as Rules and regulations: Part 21—International postal amended June 19, 1937. Administration; delegation of service______1______3151 The F ederal Register will be furnished by rice price control functions to mail to subscribers, free of postage, for $1.50 Sugar Rationing Administra­ Title 49— Transportation and per month or $15.00 per year, payable in ad-, tor— ^______3150 Railroads vance. The charge for individual copies Sugar rationing______3150 Chapter I—Interstate Commerce (minimum 15tf) varies in proportion to the Institutional users______3150 Commission: size of the issue. Remit cheqk or money Part 176 — Transportation of order, made payable to the Superintendent War Department household goods in interstate of Documents, directly to the Government Rules and regulations: Printing Office, Washington 25. D. C. commerce.______;------3151 There are no restrictions on the republica­ Aviation cadets, enlistment; tion of material appearing in the Federal training program______3142 Register. MARKETING or other disposition op tobacco CODIFICATION GUIDE AND PENALTIES Sec. CONTENTS— Continued A numerical list of the parts of the Code 725.342 Extent to which marketings from a of Federal Regulations affected by documents farm are subject to penalty. published in this issue. Proposed rules, as 725.343 Disposition of excess tobacco. Federal Power Commission Pa&e 725.344 Identification of marketings. Notices : opposed to final actions, are identified as such in parenthesès. 725.345 Rate of penalty. , Hearings, etc.: 725.346 Persons to pay penalty. Interstate Natural Gas Co., 725.347 Marketings deemed to be excess Inc______3154 Title 5— Administrative Person- PaSe tobacco. Kansas-Nebraska N atu ral nel 725.348 Payment of penalty. Gas Co., Inc. and Tri- Chapter I—-Civil Service Commis­ 725.349 Request for return of penalty. sion: County Gas Co______3154 RECORDS AND REPORTS Manufacturers Light and Part 01—Organization and offi­ Heat Co______3154 cial records of the Commis­ 725.350 Producer’s records and reports. sion------3135 725.351 Warehouseman’s records and re­ Southern Natural Gas Co. ports. and East Tennessee Nat­ Title 7— Agriculture 725.352 Dealer’s records and reports. ural Gas Co______3152 Subtitle At—Office of the Secretary 725.353 Dealers exempt from regular records United Fuel Gas Co— _____ 3154 and reports. of Agriculture: 725.354 Records and reports of truckers and Federal Public Housing Author­ Part 1—Administrative regula- persons redrying, prizing or stem­ ity tions------3135 ming tobacco. Rules and regulations: Chapter VII — Production and 725.355 Separate records and reports from General procedural provisions; persons engaged in more than one Marketing Administration business. miscellaneous amendments_3149 (Agricultural Adjustment) : Low-rent housing and slum 725.356 Failure to keep records or make re- clearance program: Policy; Part 725—Burley and flue-cured ' ports. tobacco______3135 725.357 Examination of records and reports. miscellaneous amendments_3149 725.358 Length of time records and reports Interstate Commerce Commis­ Title 8— Aliens and Nationality to be kept. sion Chapter n —Office of Alien Prop­ 725.359 Information confidential. Notices: erty, Department of Justice: 725.360 Redelegation of authority. Unloading: Part 503—Substantive rules-— ' 3142 Authority: §§ 725.330 to 725.360, inclusive, Caustic soda at New Orleans, issued under 52 Stat. 38, 40, 42, 47, 48, 65, 66, La______— ____ — 3154 Title 10—-Army: War Depart­ 202, 204, 586; 53 Stat. 1261, 1262; 54 Stat. 393, Coal at Shamokin, Pa____ 3154 ment 394, 727, 728; 57 Stat. 387; 58 Stat. 136;, 60 Machinery at New Orleans, Chapter VII—Personnel: Stat. 21; 7 U. S. C. and Sup., 1301-1393. La__------3154 Part 704—Enlistment *of avia­ GENERAL Rules and regulations: tion cadets______3142 Household goods, transporta­ § 725.330 Basis and purpose. Sec­ tion; practices of motor com­ Title 14— Civil Aviation tions 725.330 to 725.360, inclusive, are mon carriers.______8151 Chapter H — Administrator of' issued pursuant to the Agricultural Ad­ Civil Aeronautics, Depart­ justment Act of 1938, as amended, and Land Management Bureau govern the issuance of marketing cards, Notices: ment of Commerce: the identification, of tobacco, the collec­ Arizona, opening of public lands Part 601—Designation of air­ tion and refund of penalties, and the (Corr.)______8152 way traffic control areas, air­ records and reports incident thereto on Kodiak Town Site, Alaska; post­ port approach zones,, airport the marketing of-flue-eured and Burley ponement of date for sale of traffic, zones, and radio fixes tobacco during the T947-48 marketing lots in east addition______8152 (2 documents)______3142,3148 years. Prior to preparing §§ 725.330 to Wednesday, May 14, 1947 FEDERAL r e g is t e r 3137 725.360, inclusive, public notice (12 P. R. warehouseman and resales of such to­ colors, and lengths as either flue-cured or 235) of their formulation was given in ac­ bacco. Burley tobacco shall be considered fiue- cordance with the Administrative Proce­ (h) “Market” means the disposition in cured or Burley tobacco, as the case may dure Act (60 Stat. 237). The data, views raw or processed form of tobacco by vol­ be, regardless of any factors of historical and recommendations pertaining to untary or involuntary sale, barter or ex­ or geographical nature which cannot be §§ 725.330 to 725.360, inclusive, which change, or by gift'inter vivos. “Market­ determined by examination of the were submitted have beep duly consid­ ing” and “marketed” shall have corre­ tobacco. ered within the limits prescribed by the sponding meanings to the term “market.” (v) “Tobacco available for marketing” act, in formulating the procedural provi­ (i) “Nonwarehouse sale” means any means all tobacco produced on the farm sions of § § 725.330 to 725.360, inclusive. first marketing of farm tobacco other in the calendar year 1947 and all tobacco than by sale at public auction through a produced on the farm prior to the calen­ § 725.331 ' Definitions. As used in warehouse in the regular course of busi­ dar year 1947 and carried over to the §§ 725.330 to 725.360, inclusive, and in ness. 1947-48 marketing year, which is not dis­ all instructions, forms and documents in (j) “Operator” means the person who posed of in accordance with § 725.343. connection therewith, the words and is in charge of the supervision and con­ (w) “Tobacco subject to marketing phrases defined in this section shall have duct of the farming operations on the quotas” means: the meanings herein assigned to them entire farm. (1) Any flue-cured tobacco marketed unless the context or subject matter during the period July 1,1947 to June 30, otherwise requires. (k) “Person” means an individual, (a) “Act” means the Agricultural Ad­partnership, association, corporation, 1948, inclusive, and any flue-cured to­ justment Act of 1938, as amended. estate or trust, or other business enter­ bacco produced in the calendar year 1947 ,(b) “County committee” means the prise or other legal entity, and wherever and marketed prior to July 1, 1947. group of persons elected within a county applicable, a State, a political subdivision (2) Any Burley tobacco marketed to assist in the administration of the of a State or any agency thereof. during the period October 1,1947 to Sep­ Agricultural Conservation Program in (l) “Pick-ups” means any tobacco tember 30, 1948, inclusive, and any Bur­ such county. previously marketed at auction but not ley tobacco produced in the calendar (c) “Dealer or buyer” means a per­ delivered to the buyer because of rejec­ year 1947 and marketed prior to Octo­ son who engages to any extent in the tion by the buyer, loss of identification,' ber 1, 1947. businèss of acquiring tobacco from or any other reason. Pick-ups shall in­ (x) “Trucker” means a person who producers without regard to whether clude any tobacco sorted and reclaimed engages in the business of trucking to­ such person is registered as a dealer from leaves or bundles which have fallen bacco to market and selling it for pro­ with the Bureau of Internal Revenue. to the warehouse floor in the usual course ducers regardless of whether the tobacco of business. is acquired from producers by the (d) “Farm” means all adjacent or trucker. nearby farm land under the same owner­ (m) “Producer” means a person who, ship which is operated by one person, in­ as owner, landlord, tenant, sharecropper, (y) “Warehouseman” means a per­ cluding also: or laborer is'entitled to share in the to­ son engaged in the business of holding bacco available for marketing from the sales of tobacco at public auction at a (1) Any other adjacent or nearby farm warehouse. land which the county committee, in ac­ farm, or in the proceeds thereof. (n) “Pound” means that amount of to­ (z) “Warehouse sale” means a mar­ cordance with instructions issued by the keting by a sale at public auction through Field Service Branch, Production and bacco which, if weighed in its unstemmed form and in the condition in which it is a warehouse in the regular course of Marketing Administration, determines is business. operated by the same person as part of usually marketed by producers, would the same unit with respect to the rota­ equal one pound standard weight. § 725.332 Instructions and forms. tion of crops and with workstock, farm (o) “Resale” means the disposition by The Director, Tobacco Branch, Produc­ machinery, and labor"Substantially sepa­ Sale,, barter, exchange or gift inter vivos, tion and Marketing Administration shall rate from that for any other lands; and of tobacco which has been marketed cause to be prepared and issued such in­ (2) Any field-rented tract (whether previously. structions and forms as may be necessary operated by the same or another person) (p) “Sale day” means the period at the for carrying out §§ 725.330 to 725.360, in­ which, together with any other land in­ end of which the warehouseman bills to. clusive. cluded in the farm, constitutes a upit buyers the tobacco so purchased during such period. § 725.333 Extent of calculations and with respect to the rotation of crops. rule of fractions, (a) The percentage of A farm shall be regarded as located (q) “Scrap tobacco” means the residue which accumulates in the course of pre­ excess tobacco available for marketing in the county in which the principal from a farm, hereinafter referred to as dwelling is situated, or if there is no paring flue-cured tobacco for market, consisting chiefly of portions of tobacco the “percent excess,” shall be expressed dwelling thereon it shall be regarded as in tenths and fractions of less than a located in the county in which the major leaves and leaves of poor quality. (r) “Secretary” means the Secretary tenth shall be dropped. portion of the farm is located. (b) The amount of penalty per pound (e) “Field assistant” means any duly or Acting Secretary of Agriculture of the upon marketings of tobacco subject to authorized employee of the United States United States. penalty, hereinafter referred to as the Department of Agriculture, and any duly (s) “State Committee” means the “converted rate of penalty,” shall be ex­ authorized employee of a county com­ group of persons designated as the State pressed in tenths of a cent and fractions mittee whose duties involve the prepara­ Committee of the Production and Mar­ of less than a tenth shall be dropped, tion and handling of records and reports keting Administration, charged with the except that if the resulting converted pertaining to tobacco marketing quotas. responsibility of administering Produc­ rate of penalty is less than a tenth, ft (f) „“Floor sweepings” means scraps, tion and Marketing Administration pro­ shall be expressed in hundredths and leaves, or bundles of tobacco, generally grams withn the State. fractions of less than a hundredth shall of inferior quality, which accumulate on (t) “Suspended sale” means any first be dropped. marketing of farm tobacco at a ware­ the warehouse floor and which notf being house sale for which a memorandum of FARM MARKETING QUOTAS AND MARKETING subject to identification with any par­ sale is not issued by the end of the sale CARDS ticular lot of tobacco are gathered up by day on which such marketing occurred. § 725.334 Amount of farm marketing the warehouseman for sale in the form (u) “Tobacco” means flue-cured to­ quota. The marketing quota for a farm accumulated. Floor sweepings shall not bacco types 11, 12, 13, and 14, or Burley shall be the actual production of tobacco include tobacco defined as “pick-ups.” tobacco, type 31, as classified in Service on the farm acreage allotment, as es­ (g) “Leaf account tobacco” means all and Regulatory Announcement No. 118 tablished for the farm in accordance tobacco purchased by or for a ware­ (7 CFR, Part 30) of the Bureau of Agri­ with §§ 725.311 to 725.326, inclusive (To­ houseman and “leaf account” shall in­ cultural Economics of the United States bacco 13, Part I, Flue-cured and Burley clude the records required to be kept and Department of Agriculture, or both, as Tobacco Marketing Quota Regulations, copies of the reports required to be made indicated by the context. 1947-48, as amended) (11 F. R. 10251; under §§ 725.330 to 725.360, inclusive, re­ Any tobacco that has the same charac­ 12 F. R. 61). The actual production of lating to tobacco purchased by or for a teristics and corresponding qualities, the farm acreage allotment shall be the 3138 RULES AND REGULATIONS average yield per care of the entire acre­ proceeds from the crop inure to the bene­ § 725.341 Report of misuse of mar­ age of tobacco harvested on the farm fit of the experiment station; Provided, keting card. Any information which in 1947 times the farm acreage allot­ That such agreement is approved by the causes a field assistant, a member of a ment. The excess tobacco on any farm State Committee prior to the issuanbe State, county, or community committee, shall be (a) that quantity of tobacco of a marketing card for the farm. or an employee of a State or county which is equal to the average yield per (b) Excess Marketing Card (Tobacco committee, to believe that any tobacco acre of the entire acreage of tobacco 21 ). An Excess Marketing Card showing which actually was produced on one harvested on the farm in 1947 times the the extent to which marketings of to­ farm has been or is being marketed un­ number of acres harvested in excess of bacco from a farm are subject to penalty der the marketing card issued for an­ the farm acreage allotment, plus (b) shall be issued unless a within quota card other farm shall be reported immedi­ any quantity of tobacco carried over is required to be issued for the farm ately by such person to the State from a prior marketing year which, if under paragraph (a) of this section, ex­ Committee. marketed during the 1946-47 marketing cept that if (1) the farm operator fails i year, would have been subject to penalty to disclose or otherwise furnish, or pre­ MARKETING OR OTHER DISPOSITION OF when marketed. The acreage of tobacco vents the county committee from ob- ' TOBACCO AND PENALTIES determined for a farm for the purpose taining any information necessary to the § 725.342 Extent tq which marketings of issuing the correct marketing card for issuance of the correct marketing card, from a farm are subject to penalty, (a) the farm, as provided in § 725.336, shall an excess marketing card shall be issued Marketings of tobacco from a farm be considered the harvested acreage for showing that all tobacco from the farm having no “carry-over” tobacco avail­ the farm unless the farm operator fur­ is subject to the rate of penalty set forth able for marketing shall be subject to nishes proof satisfactory to the county in § 725.345, or (2) the, county committee penalty by the percent excess deter­ committee that a portion of the acreage determines that it is necessary to issue mined as follows: divide the acreage of planted will not be harvested or that a a “zero-penalty” excess marketing card tobacco harvested in excess of the farm representative portion of the production in order to protect the interest of the acreage allotment and not disposed of of the acreage harvested will be disposed Government and Insure proper identi­ under § 725.343 by the total acreage of of other than by marketing. fication of and accounting for tobacco, tobacco harvested from the farm. produced on the farm and the proper use (b) Marketings of tobacco from a § 725.335 No transfers. There shall of the marketing cajrd issued for the farm having “carry-over” tobacco avail­ be no transfer of farm marketing quotas. farm. able for marketing shall be subject to § 725.336 Issuance of marketing cards. penalty by the percent excess deter­ A marketing card shall be issued for § 725.337 Person authorized to issue mined as fallows: every farm having tobacco available for cards. The county committee shall des­ (1) Determine the number of “carry­ marketing. Subject to the approval of ignate one person to sign marketing over” acres by dividing the number of the county committee, two or more mar­ cards for farms in the county as issuing pounds of "carry-over” tobacco from the keting cards may be issued for any farm. officer. The issuing officer may, subject prior years by thé normal yield for the All entries on each marketing card shall to the approval of the county committee, farm for that year. be made in accordance with the Instruc­ designate not more than three persons (2) Determine the number of “within tions for issuing marketing cards. Upon to sign his name in issuing marketing quota carry-over” acres by multiplying the return to the office of the county com­ cards: Provided, That each such person the “carry-over” acres (subparagraph mittee of till marketing card after all shall place his initials immediately be­ (1) of this paragraph) by the “percent the memoranda of sale have been issued neath the name of the issuing officer as within quota” (i. e., 100 percent minus therefrom and before the marketing of written by him on the card. the “percent excess”) for the year in tobacco from the farm has been com­ § 725.338 Rights of producers in mar­ which the “carry-over” tobacco was pro­ pleted, a new marketing card of the keting cards. Each producer having a duced. same kind, bearing the same name, in­ share in the tobacco available for mar­ (3) Determine the “total acres” of formation and identification as the us,ed keting from a farm shall be entitled to tobacco by adding the “carry-over” acres card shall be issued for the farm. A new the use of the marketing card for mar­ (subparagraph (1) of this paragraph) marketing card of the same kind shall keting his proportionate share. and the acreage of tobacco harvested in be issued to replace a card which has § 725.339 Successors in interest. Any the current year. been reported to the county committee person who succeeds in whole or in part *(4) Determine the “excess acres” by as having been lost, destroyed, or stolen. to the share of a producer in the tobacco subtracting from the “total acres” (sub- (a) Within Quota Marketing Card available for marketing from a farm paragraph (3) of this paragraph) the (.Tobacco 20). A Within Quota Market­ shall, to the extent of such succession, sum of the 1947 allotment and the ing Card authorizing the marketing with­ have the same rights as the producer to “within quota carry-over” acres (sub- out penalty of the tobacco available for the use of the marketing card for the paragraph (2)*of this paragraph). marketing shall be issued for a farm un­ farm. (5) Determine the percentage subject der the following conditions: to penalty by dividing the “total acres” (1) If the harvested acreage of to­ § 725.340 Invalid cards. A marketing into the “excess acres” (subparagraph bacco in 1947 is not in excess of the farm card shall be invalid if: (4) of this paragraph). acreage allotment; if any excess tobacco (a) It is not issued or delivered in the (6) The burden of any penalty with carried over from any prior marketing form and manner prescribed; respect to “carry-over” tobacco shall be year can be marketed without penalty (b) Entries are omitted or incorrect; borne by those persons having an interest under the provisions of § 735.342 (b) ; (c) It is lost, destroyèd, stolen, or be­ in such tobacco. and if the operator of the farm does not comes illegible; (c) For the purpose of determining operate another farm having excess to­ (d) Any erasure or alteration has been the penalty due on each marketing by a bacco. made, and not properly initialed. producer of tobacco subject to penalty, (2) If excess tobacco produced on the In the event any marketing card be­ the converted rate of penalty per pound farm is disposed of in accordance with comes invalid (other than by loss, de­ shall be determined by multiplying the § 725.343, or struction, or theft, or by omission, al­ applicable rate of penalty by the percent (3) If the tobacco was grown for ex­ teration or incorrect entry which can­ excess obtained under paragraph (a) or perimental purposes on land owned or not be corrected by a field assistant), (b) of this section. The memorandum leased by a publicly-owned agricultural the farm operator, or the person having of sale issued to identify each such mar-, experiment station and is produced at the card in his possession, shall return keting shall show the amount of penalty it to the county office at which it was due. public expense by employees of the ex­ issued. periment station, or if the tobacco was If an entry is not made on a mar­ § 725.343 Disposition of excess to­ produced by farmers pursuant to an keting card as required, either through bacco. The farm operator may elect to agreement with a publicly-owned experi­ omission or incorrect entry, and the give satisfactory proof of disposition of ment station whereby the experiment proper entry is made and initialed by a excess tobacco prior to the marketing of station bears the costs and risks incident field assistant, then such card shall be­ any tobacco from the farm by any of to the production of the tobacco and the come valid. the following methods: Wednesdays May 14, 1947 FEDERAL REGISTER 3139 (a) ' By a declaration of intention tofled in § 725.352, and who ha? been au­ (b) Nonwarehouse sale. The penalty market all tobacco available for market­ thorized on Tobacco 23, may issue a due on tobacco purchased directly from ing and the payment at the office of the memorandum of sale covering a purchase a producer other than at public auction county committee by check or draft or, of scrap tobacco only if the bill of non­ through a warehouse (nonwarehouse if required by the county committee, by warehouse sale has been executed. ■ sale) shall be paid by the purchaser of certified check, cashier's check or postal The authorization on Tobacco 23 to the tobacco who may deduct an amount money order drawn payable to the Treas­ issue memoranda of sale may be with­ equivalent to the penalty from the price urer of the United States, in an amount drawn by the State Committee from any paid* to the producer. equal to the penalty which would be due warehouseman or dealer if such action (c) . Marketings through an. agent. upon the marketing of all tobacco avail­ is determined to be necessary in order The penalty due on marketings by a able for marketing. Any additional to properly enforce the provisions of producer through an agent who is not amount of penalty due after all market­ §§ 725.330 to 725.360, inclusive. The au­ a warehouseman shall be paid by the ings of tobacco from the farm have been thorization shall terminate upon receipt agent who may deduct an amount made shall be paid by the operator not of written notice setting forth the State equivalent to the penalty from the price later than 20 days after receipt of notice Committee’s reason therefor. paid to the producer. of such additional penalty. Any amount Each excess memorandum of sale is­ (d) Marketings outside United States. collected in excess of the penalty due sued by a field assistant shall be veri­ The penalty .due on marketings by a shall be refunded. fied by the warehouseman or dealer (or producer directly to any person outside (b) By storage of the excess tobacco, his representative) to determine whether the United States shall be paid by the the tobacco so stored to be representative the amount of penalty shown to be due producer. of the entire 1947 crop produced on the has been correctly computed and such § 725.347 Marketings deemed to be farm, and posting of a bond approved warehouseman or dealer shall not be excess tobacco. Any marketing of to­ by the county committee and the State relieved of any liability with respect to bacco under any one of the following Committee in the penal sum of twice the the amount of penalty due because of conditions shall be deemed to be a mar­ amount of penalty which will become any error which may occur in executing keting of excess tobacco. due upon the marketing of the excess the memorandum of sale. (a) Warehouse sale. Any warehouse tobacco. (b) Bill of nonwarehouse sale. Each nonwarehouse sale shall be identified by sale of tobacco by a producer which is (c) By furnishing to the county com­ not identified by a valid memorandum mittee satisfactory proof that excess a bill of nonwarehouse sale completely executed by the buyer and the farm of sale within four weeks following the tobacco representative of the entire crop date of marketing shall be identified by will not be marketed. operator, except that if such tobacco is purchased by or for a warehouseman who a Tobacco 28, and shall be*deemed to be § 725.344 Identification of market­ is authorized on Tobacco 23 to issue a marketing of excess tobacco. The ings. Each marketing of tobacco from a memoranda of sale, he or his representa­ penalty thereon shall be paid by the farm shall be identified by an executed tive who is also authorized shall issue a warehouseman who may deduct an memorandum of sale from the marketing memorandum of sale identifying each amount equivalent to the penalty from card (Tobacco 20 or Tobacco 21) issued such purchase, record the purchase in the amount due the producer. for the farm on which the tobacco was Tobacco 25, Dealer’s Record, and attach (b) Nonwarehouse sale. Any non­ produced. In addition, in the case of thereto the county copy of the memoran­ warehouse sale which (1) is not identi­ nonwarehouse sales each marketing shall dum of sale. fied by a valid memorandum of sale and be identified by an executed bill of non­ The word “scrap” shall be plainly (2) is not recorded in Tobacco 25 warehouse sale (reverse ¿side of memo­ written on any bill of nonwarehouse within one week following the date of randum of sale) except that such form sale or memorandum of sale executed .purchase, or (3) if purchased prior to is not required to be executed by ware­ to cover scrap tobacco, and all such bills the opening of the local auction mar­ housemen who are authorized on To­ of nonwarehouse sale shall be delivered kets, is not recorded in Tobacco 25 bacco 23 to issue memoranda of sale. to a person at a scrap receiving point within one week following the first sale (a) Memorandum of sale. If a memo­who is authorized to issue memoranda day of the local auction markets, shall randum of sale is not executed to identify of sale. be deemed to be a marketing of excess a warehouse sale of producer’s tobacco Each bill of nonwarehouse sale cover­ tobacco. The penalty thereon shall be by the end of ttye sale day on which the ing any, marketing except scrap tobacco paid by the purchaser of such tobacco. tobacco was marketed, the marketing shall be’ presented to a field assistant for (c) Leaf account tobacco. The part shall be a suspended sale, and, unless a the issuance of a memorandum of sale or all of any marketing by a warehouse­ memorandum identifying the tobacco so and for recording in Tobacco 25. man which such warehouseman repre­ marketed is executed within four weeks sents to be a leaf account resale but after such sale day, the marketing shall § 725.345 Rate of penalty. The pen­ which when added to prior leaf account be identified by Tobacco 28, Sale Without alty per pound upon marketings of ex­ resales, as reported under §§ 725.330 to Marketing Card as a marketing of excess cess tobacco subject to marketing quotas 725.360, inclusive, is in excess of prior tobacco. The memorandum of sale or shall be nineteen (19) cents per pound leaf account purchases shall be deemed Tobacco 28 ^hall be executed only by a in the case of flue-cured tobacco and to be a marketing of excess tobacco un­ field assistant with the following excep­ sixteen (16) cents per pound in the case less and until such warehouseman fur­ tions. of Burley tobacco. nishes proof acceptable to the Director, (1) A warehouseman, or his author­ With respect to tobacco marketed Tobacco Branch, Production and Mar­ ized representative, who has been desig­ from farms having excess tobacco keting Administration, showing that nated on Tobacco 23 may issue a memo­ available for marketing the penalty such tobacco is not a marketing of ex­ randum of sale to identify a warehouse shall be paid upon that percentage of cess tobacco. The penalty found to be sale if a field assistant is not available each lot of tobacco marketed which the due thereon shall be paid by the ware­ at the warehouse when the marketing tobacco available for marketing in ex­ houseman. card is presented. Each memorandum of cess of the farm quota is of the total (d) Dealer’s tobacco. The part or all sale issued by a warehouseman to cover amount of tobacco available for market­ of any marketing of tobacco by a dealer a warehouse sale shall be presented ing from the farm. which such dealer represents to be a promptly by him to the field assistant § 725.346 Persons to pay penalty. resale but which when added to prior for verification with the warehouse resales by such dealer is in excess of the records. The person to pay the penalty due on total of his prior purchases as reported (2) In the casé of flue-cured tobacco any marketing of tobacco subject to on Tobacco 25 shall be deemed to be a only, a dealer, or his authorized repre­ penalty shall be determined as follows: marketing of excess tobacco unless and sentative, operating a receiving point for (a) Warehouse sale. The penalty due until such dealer furnishes proof accept­ scrap tobacco at a redrying plant (and on marketings by a producer through a able to the Director, Tobacco Branch, other regular receiving points operated warehouse shall be paid by the ware­ Production and Marketing Administra­ by such dealer or his agent or employees) houseman who may deduct an amount tion, showing that such marketing is not or at an auction warehouse, who keeps equivalent to the penalty from the price a marketing of excess tobacco. The pen­ records showing the "information speci- paid to the producer. alty thereon shall be paid by the dealer. 3140 RULES AND -REGULATIONS (e) Marketings not reported. Any in which the farm is located. Failure to amount of scrap tobacco obtained from resale of tobacco which under §§ 725.330 return the marketing card within the the grading of tobacco from each farm. to 725.360, inclusive, is required to be time specified (after formal notification) In the case of resales for dealers the reported by a warehouseman or dealer shall constitute failure to account for name of the dealer making each resale but which is not so reported within the dispqsition of tobacco marketed from the shall be shown on the warehouse records time and in the manner required by farm in the event that a satisfactory so that the individual lots of tobacco sold §§ 725.330 to 725.360, inclusive, shall be account of such disposition is not fur­ by the dealer can be identified. deemed to be a marketing of excess to­ nished otherwise and the allotment next (b) Identification of sale on check bacco unless and until such warehouse­ established for such farm shall be register. The serial number of the mem­ man or dealer furnishes a report of such reduced. orandum of sale issued to identify each resale which is acceptable to the Director, (b) Additional reports by producers. marketing of tobacco from a farm or the Tobacco Branch, Production and Mar­ In addition to any other reports which number of the warehouse bill(s) cover­ keting Administration. The penalty may be required under §§ 725.330 to ing each such marketing shall be record­ thereon shall be paid by the warehouse­ 725.360, inclusive, the operator of each ed on the check register or check stub man or dealer who fails to • make the farm or any other person having an in­ for the check written with respect to such report as required. , terest in the tobacco grown on the'farm sale of tobacco. (f) Producer marketings. If ^hy pro­ (even though the harvested acreage does (c) Memorandum of sale and bill of ducer falsely identifies or fails to ac­ not exceed the acreage allotment and nonwarehouse sale. A record in the form count for the disposition of any tobacco even though no allotment was estab­ df a valid memorandum of sale or a sale produced on a farm, an amount of to­ lished for the farm) shall upon written without marketing card shall be ob­ bacco equal to the normal yield of the request by registered mail from the State tained by a warehouseman to cover each number of acres harvested in 1947 in committee and Within 10 days after the marketing of tobacco from a farm excess of the farm acreage allotment deposit of such request in the United through the warehouse and each non­ shall be deemed to have been a market­ States mails, addressed to such person at warehouse sale of tobacco purchased by ing of excess tobacco from such farm. his last known address, furnish the Sec­ the warehouseman. For a non ware­ The penalty thereon shall be paid by retary a written report of the disposition house sale of tobacco purchased by or for the prodlucer, made of all tobacco produced on < the a warehouseman who is not authorized § 725.348 Payment of penalty. Pen­ farm by sending the same to the State on Tobacco 23 to issue memoranda of alties shall become due at the time the committee showing, as to the farm at the sale, no memorandum of sale shall be is­ tobacco is marketed and shall be paid time of filing said report, (1) the number sued unless the bill of nonwarehouse sale by remitting the amount thereof to the of acres of tobacco harvested, (2) the on the reverse side of the memorandum State Committee not later than the end total production of tobacco, (3) the is executed. Any warehouseman who ob­ of the calendar week following the week amount of tobacco on hand and its loca­ tains possession of any scrap tobacco in in which the tobacco became subject to tion, and (4) as to each lot of tobacco the course of grading tobacco from any penalty. A draft, money order, or check marketed, the name and address of the farm shall obtain a memorandum of drawn payable to the Treasurer of the warehouseman, dealer, or other person to sale to cover the amount of such scrap. United States may be used to pay any or through whom such tobacco was (d) Suspended sale record. Any penalty, but any such draft or check shall marketed and the number of pounds warehouse bills covering farm tobacco be received subject to payment at par. marketed, the gross price, and the date for which memoranda of sale have not of the marketing. Failure to file the re­ been issued at the end of the sale day If the penalty due on any warehouse port as requested or the filing of a re­ shall be presented to a field assistant sale of tobacco by a producer as deter­ port which is found by the State commit­ who shall stamp such bills “Suspend­ mined under §§ 725.330 to 725.360, in-* tee to be incomplete or incorrect shall ed”, write thereon the serial number of elusive, is in excess of the net proceeds constitute failure of the producer to ac­ the suspended sale, and record the bills of such sale (gross amount for all lots count for disposition of tobacco produced on Tobacco 29, Field Assistant’s Report: included in the sale less usual ware­ on the farm and the allotment next es­ Provided, That if a field assistant is not house charges), the amount of the net tablished for such farm shall be reduced. proceeds accompanied by a copy of tire available, the warehouseman may stamp warehouse bill covering such sale may § 725.351 Warehouseman’s records and such bills “Suspended” and deliver them be remitted as the full penalty due.. Us­ reports—(a) Record of marketing. Each to a field assistant when one is ’available. ual warehouse charges shall not include ’ warehouseman shall keep such’records (e) Warehouse entries on dealer’s rec­ (a) advances to producers, (b)' charges as will enable him to furnish the Secre­ ord. Each warehouseman shall enter on for hauling, or (c) any other charges not tary the following information with re­ Tobacco 25 the total purchases and re­ usually incurred by producers in mar­ spect to each sale or resale of tobacco sales made by each dealer or other ware­ keting tobacco through an auction ware­ made at his warehouse: houseman during each sale day at the house. (1) Name of seller (and, in the case of warehouse. If any tobacco resold by the a sale for a produper, the name of the dealer is tobacco bought by him from a § 725.349' Request for return of pen­ operator of the farm on which the to­ crop produced prior to 1947 the entry alty. Any producer of tobacco, after the bacco was produced). on Tobacco 25 shall clearly show such marketing of all tobacco available for (2) Name of purchaser. fact. marketing from the farm, and any other (3) Date, of sale. (f) Record and report of purchases person who bore the burden of the pay­ (4) Number of pounds sold. and resales. Each warehouseman shall ment of any penalty may request the (5) Gross sale price. keep a record and make reports on To­ return of the amount of such penalty (6) Amount of any penalty and the bacco 25, Dealer’s Record, showing: which is in excess of the amount re­ amount of any deduction on account of (1) All purchases of tobacco directly quired under §§ 725,330 to 725.360, in­ penalty from the price paid the pro­ from producers other than at public auc­ clusive, to be paid. Such request shall ducer. tion through a warehouse (nonware­ be filed with the county committee house sales). within two (2) years after the payment Records of all purchases and resales (2) All purchases and resales of to­ of the penalty. of tobacco by the warehouseman shall bacco at public auction through ware­ be maintained to show a separate ac­ houses other than his own. RECORDS AND REPORTS count for: (3) All purchases of tobacco from § 725.350 Producer’s records and re­ (i) Nonwarehouse sales by farmers of dealers other than warehousemen and ports—(a) Report on marketing card. tobacco purchased by or on behalf.of resales of tobacco to dealers other than The operator of each farm on which to­ the warehouseman. warehousemen. bacco is produced in 1947 shall return (ii) Purchases and resales for the The county copy of each memoran­ to the office of the county committee warehouse leaf account. dum-of sale issued to identify each pur­ each marketing card issued for the farm (iii) Resales of floor sweepings. chase under subparagraph (1) of this whenever marketings from the farm are (iv) Resales of pick-ups. paragraph shall accompany the report completed and in no eVent later than Any warehouseman who grades to­ on which such purchase is recorded. thirty days after the close of the to­ bacco for farmers shall maintain a sep­ (g) Season report of warehouse busi­ bacco auction markets for the locality arate account showing the approximate ness. Each warehouseman shall furnish Wednesday, May 14, 1947 FEDERAI REGISTER 3141 the State Committee. not later than randa of sale, shall keep a record and keep any record or make any report as thirty (30) days following the last sale make reports on Tobacco 25 showing all a warehouseman, dealer, processor, or day of the marketing season a report on tobacco received. Such reports shall be as a person engaged in the business of re­ Tobácea 26, Auction Warehouse Report, accompanied by memoranda of sale and drying, prizing, or stemming tobacco for showing for each dealer or buyer (1) the bills of nonwarehouse sale with respect producers, and who is engaged in more total pounds and gross price , of tobacco to all tobacco covered by the reports. than one such business, shall keep such purchased and resold on the warehouse it)' Additional records. Each dealer records as will enable him to make sep­ floor during-the 1947-48 marketing year shall keep such records, in addition to arate reports for each such business in and (2) 'the total pounds and gross price the foregoing, as may be necessary to which he is engaged to the same extent of tobacco purchased and resold by such enable him to furnish the Secretary the for each such business as if he were en­ warehouseman during the 1947-48 mar­ following information with respect to gaged in no other business. keting year. each lot of tobacco purchased or sold by § 725.356 Failure to keep records or (h) Report of penalties. Each ware­ him: make reports. Any warehouseman, houseman shall make reports on Tobacco (1) Name of the seller, and in the case dealer, processor or common carrier of 27, Report of Penalties, showing the in­ of a purchase from a producer, the name tobacco, or person engaged in the busi­ formation required with respect to each of the operator'of the farm on which the ness of redrying, prizing or stemming sale subject to penalty. Tobacco 27 shall tobacco was produced. tobacco for producers, who fails to make be prepared for each week and for­ (2) Name of the purchaser. any report or keep any record as required warded, together with remittance of the (3) . Date of the transaction. under §§ 725.330 to 725.360, inclusive, or penalties due, as shown thereon, to the (4) Number of pounds sold. who makes any false report or record, State Committee not later than the end (5) Gross purchase or sale price. shall be deemed guilty of a misdemeanor of the calendar week following the week (6) Amount of any penalty and the and upon conviction thereof shall be sub­ in which the tobacco became subject to amount of any deduction on account of ject to a fine of not more than $500; and penalty. penalty from the price paid the pro­ any tobacco warehouseman or dealer who (i) Report of resales. Each ware­ ducer. fails to remedy such violation by making houseman shall make reports on To­ (7) In the event of a resale of tobacco a complete and accurate report or keep­ bacco 32, Report of Resales, showing the bought by him and carried over from a ing a complete and accurate record as information required with respect to crop produced prior to 1947 the fact that required under these regulations within each resale of tobacco at auction on the such tobacco was so bought and carried fifteen days after notice to him of such warehouse floor. Tobacco 32 shall be over. violation shall be subject to an addi­ prepared for each sale day and for­ All reports shall be forwarded to the tional fine of $100 for each ten thousand warded to the State Committee not later State Committee not later than the end pounds of tobacco, or fraction thereof, than the end of the calendar week fol­ of tHe week following the calendar week bought or sold by him after the date of lowing the week in which the tobacco covered by the reports. such violation: Provided, That such fine was resold. § 725.353 Dealers exempt from regu­ shall not exceed $5,Q00; and notice of § 725.352 Dealer’s recordé, and reports. lar records and reports. Any dealer who such violation shall be served upon the Each dealer, except as provided in § 725.- does not purchase or otherwise acquire tobacco warehouseman or dealer by mail­ 353, shall keep the records and make the tobaeço except at a warehouse sale and ing the same to him by registered mail reports as provided by this section. who does not resell, in the form in which or by posting the same at an established (a) Report of dealer’s name, address tobacco ordinarily is sold by farmers, place of business operated by him; or and registration number. Each dealer more than ten percent of the tobacco both. Notice of any violation by a tobac- shall properly execute and the field as­ purchased by him, shall not be subject co warehouseman or dealer shall be given sistant shall detach and forward to the to the provisions of § 725.352; but each by the Director, Tobacco Branch. State Committee "Receipts for* Dealer’s such dealer shall make such reports to § 725.357 Examination of records and Record” contained in Tobacco 25 which the Secretary as'the Director, Tobacco reports. . For the purpose of ascertaining is issued to the dealer. Branch, Production and Marketing Ad­ the correctness of any report made or (b) Record and report of purchases ministration, may find necessary to en­ record kept, or of obtaining information and resales. Each dealer shall "keep a force § § 725.330 to 725.360, inclusive. required to be furnished in any report record and make reports on Tobacco 25, § 725.354 Records and, reports of but not so furnished, any warehouseman, Dealer’s Record, showing all purchases truckers and persons redrying, prizing dealer, processor, common carrier or per­ and resales bf tobacco made by the dealer or stemming tobacco, (a) Every person son engaged in the business of redrying, and, in the event of resale of tobacco engaged in the business of trucking to­ prizing, or stemming tobacco for pro­ bought from a crop produced prior to bacco for producers shall keep such rec­ ducers shall make available for exami­ 1947 the fact that such tobacco was ords as will enable him to furnish the nation upon written request by the State bought by him and carried -over from Secretary a report with respect to each Committee or Director, Tobacco Branch, a crop produced prior to 1947. lot of tobacco received by him showing such books, papers, records, accounts, (c) Report of penalties. Each dealer (1) the name and address of the farm correspondence, contracts, documents, shall make a report on Tobacco 27, Re­ operator, (2) the date,of receipt of the and memoranda as the State Committee port of Penalties, showing the informa­ tobacco, (3) the number of pounds re­ or Director, Tobacco Branch, has reason tion with respect to all purchases subject ceived, and (4) the place to which it to believe are relevant and are within the to penalty made by him during each was delivered. control of such person. calendar week. The penalties listed on (b) Every person engaged in the busi­ § 725.358 Length of time records and each such report shall be remitted with ness of redrying, prizing, and stemming the report. reports to be kept. Records required to tobacco jfor producers shall keep such be kept and copies of the reports required (d) Memorandum of sale and bill of records as will enable him to furnish the nonwarehouse sale. A record in the form to be made by any person under §§ 725.- Secretary a report showing (1) the in­ 330 to 725.360, inclusive, for the 1947-48 of a valid memorandum of sale shall be formation required above for truckers, obtained by a dealer to cover each pur­ marketing year shall be kept by him until and in addition, (2) the purpose for June 30, 1950, in the case of flue-cured chase of tobacco-directly from a pro­ which the tobacco was received, (3) the ducer other than at auction through a tobacco and September 30, 1950, in the warehouse (nonwarehouse sale). No amount of advance made by him on the case of Burley tobacco. Records shall be tobacco, and (4) the disposition of the kept for such longer period of time as memorandum of sale shall be issued tobacco. identifying such purchase unless the bill may be requested in writing by the of nonwarehouse sale, on the reverse Each such person shall make such Re­ Director, Tobacco Branch. side of the memorandum of sale, has been ports to the Secretary as the Director, § 725.359 Information confidential. executed. Tobacco Branch, may find nécessary to All data reported to or acquired by the ' (e) Record and report of scrap to­ enforce §§ 725.330 to 725.360, inclusive. Secretary pursuant to the provisions of bacco. Each dealer operating a receiv­ § 725.355 Separate records and reports §§ 725.330 to 725.360, inclusive, shall be ing point for scrap tobacco who has been from persons engaged in more than one kept confidential by all officers and em­ authorized on Tobacco 23 to issue memo­ business. Any person who is required to ployees of the United States Department 3142 RULES AND REGULATIONS

of Agriculture and by all members and any' person who has personally consid­ Wright Field, Dayton, Ohio. employees of county committees and only ered it or gained personal knowledge of Tinker Field, Oklahoma City, Okla. such data so reported or acquired as the the facts thereof while connected with Hq 11th Air Force, Harrisburg, Pa. Olmsted Field, Middletown, Pa. Director, Field Service Branch, Produc­ the Office of Alien Property Custodian or Shaw Field, Sumter, S. C. tion and Marketing Administration, the Office of Alien Property; • Biggs Field, Tex. deems relevant shall be disclosed by them (3) That his employment in the mat­ Bergstrom Field, Austin, Tex. and then only in a suit or administrative ter is not prohibited by Rev. Stat. sec. Fort Worth AAF, Fort Worth, Tex. hearing uhder Title III of the act. 190 (5 U. S. C. sec. 99), or by sec. 19 (e) Kelly Field, Tex. Randolph Field, Tex. § 725.360 Redelegation of authority. of the Contract Settlement Act of 1944 (41 U. S. C. sec. 119). Hill Field, Utah. Any authority delegated to the State Langley Field, Va. Committee by these regulations may be (40 Stat. 411, 55 Stat. 839, Pub. Law 322, McChord Field, Wash. redelegated by the State Committee. 79th Cong., 60 Stat. 50, Pub. Law 671, Spokane AAF, Spokane, Wash. 79th Cong., 60 Stat. 925,50 U. S. C. App. 1, Geiger Field, Wash. Note: The record keeping and reporting Bolling Field, Washington 20, D. C. requirements of these regulations have been 50 U. S. C. App., Sup. V, 5 (b>; E. O. 9193, Andrews Field, Washington 20, D. C. apprpved by the Bureau of the Budget in July 6, 1942, 7 F. R. 5205, 3 CFR Cum. accordance with the Federal Reports Act of SUpp.; E. O. 9788, Oct. 14, 1946, 11 F. R. [WD Cir 105, Apr. 25, 1947] (55 Stat. 1942. Budget Bureau No. 40-R1281.2. 11981) 239; 10 U. S. C. 297a) Done at Washington, D.’ C. this 9th Executed at Washington, D. C., this [seal] Edward F. Witsell, day of May 1947. Witness my hand and 6th day of May 1947. Major General, the seal of the Department of Agricul­ The Adjutant General. ture. T om C. Clark, Attorney General. [F. R. Doc. 47-4509; Filed, May 13, 1947; [seal] Clinton P. Anderson, 8:45 a. m.] [F. R. Doc. 47-4526; Filed, May 13, 1947; Secretary of Agriculture. 8:46 a. m.] [F. R. Doc. 47-4515; Filed, May 13, 1947; 8:46 a. m.] TITLE 14— CIVIL AVIATION TITLE 10— ARMY: WAR Chapter II— Administrator of Civil TITLE 8— ALIENS AND DEPARTMENT Aeronautics, Department of Com­ merce NATIONALITY Chapter VII— Personnel [Arndt. 155] Chapter II— Office of Alien Property, Part 704—Enlistment of Aviation Part 601—D esignation op Airway T raf­ Department of Justice Cadets fic Control Areas*Airport Approach AVIATION CADET TRAINING PROGRAM Zones, Airport Traffic Zones and R a­ P art 503—Substantive R ules Effective May 10, 1947, the Aviation dio Fixes LIMITATIONS ON REPRESENTATIVE ACTIVITIES cancellation of airport approach zones BY FORMER EMPLOYEES Cadet Pilot Training Program is re­ opened to military and civilian personnel AND ESTABLISHMENT OF AIRPORT TRAFFIC Under the authority of the Trading within the zone of interior in accordance ZONES with the Enemy Act, as amended, and with §§ 704.1 to 704.7, inclusive. The It appearing that: (1) The increased Executive orders issued thereunder, and Aviation Cadet Ground Duty Training volume of air traffic at certain points ne­ pursuant to law, § 503.51 (General Or­ Program will remain inactive. cessitates, in the interest of safety in air der No. 32) is hereby amended to read Applications of civilians will be for­ commerce, .the immediate cancellation as follows: warded to the nearest Army Air Force of airpo# approach zones and the estab­ § 503.51 Limitations on representa­ examining board or to the Commanding lishment of airport traffic zones at such tive activities by former employees, (a) General, Army Air Forces, Washington points; and (2) the cancellation of air­ No person shall appear in a representa­ 25, D. C. Army Air Forcee examining port approach zones and the establish­ tive capacity before the Office of Alien boards are presently located as set forth ment of airport traffic zones referred to Property in a particular matter if such below in § 704.8. in (1) above have been coordinated with person, or one associated with him in the § 704.8 Location of Army Air Force the civil operators involved, the Army and particular matter, personally considered examining boards. the Navy through the Air Coordinating it or gained personal knowledge of the Maxwell Field, Ala. Committee, Airspace Subcommittee; facts thereof while connected with the Brookley Field, Ala. And finding that: The general notice Office of Alien Property Custodian or the Davis-Monthan Fid, Tucson, Ariz. of proposed rule making and public pro­ Office of Alien Property. Williams Field, Chandler, Ariz. cedure provided for in section 4 (a) of (b) No former officer, clerk, or em­ Fairfield, Suisun AAF, Calif. the Administrative Procedure Act is im­ ployee of the Office of Alien Property Hamiltofi Field, Calif. practicable and unnecessary; now, there­ Custodian or the Office of Alien Property McClellan Field, Calif. fore, acting pursuant to the authority may appear in a representative capacity March Field, Riverside, Calif. vested in me by section 308 of the Civil Mather Field, Calif. before the Office of Alien Property within Lowry Field, Denver, Colo. Aeronautics Act of 1938, as amended, and two years after the termination of his Peterson Field, Colorado Springs, Colo. Special Regulation No. 197 of the Civil incumbency of such position unless he Boca-Raton AAF, Boca Raton, Fla. Aeronautics Board, I hereby amend Part obtains the prior approval of the Director Eglin Field, Fla. 601 of the Regulations of the Administra­ of the Office of Alien Property in each MacDill Field, Tampa, Fla. tor of Civil Aeronautics as follows: matter. To obtain such approval he Lawson Field, Ft. Benning, Ga. 1. By adding the following to § 601.104 must file an affidavit stating: Robins Field, #1, Ga. Airway traffic control area extensions. (1) His former connection with the Marietta AAF, Marietta, Ga. Chanute Field, 111. § 601.10444 Airway traffic control area Office of Alien Property Custodian or the Scott Field, HI. extension (Presque Isle, Maine). From Office of Alien Property; Sherman Field, Ft. Leavenworth, Kans. (2) That while he was connected with the Presque Isle, Maine, radio range sta­ Topeka AAF, Pauline, Kans. tion, within 5 miles either side of the the Office of Alien Property Custodian Barksdale Field, Shreveport, La. or the Office of Alien Property the matter Westover Field, Mass. centerline of th ^ south course of the was not pending therein, or if it was so Selfridge Field, Mich. Presque Isle radio range, extending 20 pending; Keesler Field, Miss. miles south of the Presque Isle, Maine, (i) That he gave no personal consid­ trea t Falls AAF, Great Falls, Mont. radio range station. Offutt Field, Fort Crook, Nebr. eration to it and gained no personal Roswell AAF, Roswell, N. M. § 601.10445 Airway traffic control knowledge of the facts thereof while so Mitchel Field, Long Island, N. 7 . area extension (Montpelier, Vt.). From connected; and Stewart Field, Newburgh, N. Y. the Montpelier, Vt., radio range station, (ii) That he is not, and will not be, Pope Field, Fort Bragg, N. C. within 5 miles either side of the center- associated in the particular matter with Lockbourne AAB, Columbus, Ohio. line of the northeast course of the Mont- Wednesday, May 14, 1947 FEDERAL REGISTER 3143 pelier, Vt., radio range, extending 20 west of the Elmira, N. Y., radio range, the Roanoke, Va., radio range station; miles northeast of the Montpelier, Vt., station. and within 5 miles either side of the cen­ radio rangé station. terline of the north course of the Roa­ § 601.10455 Airway traffic control area noke, Va., radio range, extending 10 § 601.10446 Airway Traffic control extension (Wilkes-Barre, Pa.). Prom the miles north of Woodrum Field. area extension (Bangor, Maine). Prom Wilkes-Barre, Pa., radio range station, the Bangor, Maine, radio range station, within 5 miles either side of the center- § 601.10463 Airway traffic control area within 5 miles either side of the center- line of the northeast course of the extension (Chicopee Falls, Mass.). From line of the northwest course of the Wilkes-Barre, Pa., radio range, extend­ the Westover radio range station, Chico­ Bangor, Maine, radio range, extending ing 20 miles Qortheast of the Wilkes- pee Palls, Mass., within 5 miles either side 30 miles northwest of the Bangor, Maine, Barre, Pa., radio range station. of the centerline of the. northwest course radio range station; and, within 5 miles § 601.10456 Airway traffic control area of the Westover radio range, Chicopee . either side of the centerline of the south­ extension (Altoona,' Pa.). Prom the Al­ Falls, Mass., extending to a point 25 miles east course of the Bangor, Maine, radio toona, Pa., radio range station,' within 8 northwest of the Westover radio range range extending 10 miles southeast of miles either side of the centerline of the station. Dow Field. north course of the Altoona, Pa., radio § 601.10464 Airway traffic control area § 601.10447 Airway traffic control area range, extending 20 miles north of the extension (Pendleton, Oreg.). Prom the extension (Syracuse, N. Y.). Prom the Altoona, Pa., radio range station; and Pendleton, Oreg., radio range station, Syracuse, N. Y., radio range station, within 5 miles either side of the center- within 5 miles either side of the center- within 5 miles either side of the'center- line of the south course of the Altoona, line of the northwest course of the Pen­ line of the north course of the Syracuse, Pa., radio range, extending 10 miles south dleton, Oreg., radio range, extending to N. Y., radio range, extending 20 miles of the Altoona-Blair County Airport. a point 30 miles northwest of the Pendle­ north of the Syracuse, N. Y., radio range § 601.10457 Airway traffic control area ton, Oreg., radio range station. station. extension (Martinsburg, W. Va.). From § 601.10465 Airway traffic control area § 601.10448 Airway traffic control area the Martinsburg, W. Va., radio range sta­ extension (Mitchell Field, N. Y.). Prom extension (Utica, N. Y.). From the tion, within 5 miles either side pf the the Mitchell Field, N. 'Y., radio range, Utica, N. Y., radio range station, within centerline of the southwest course of the within 7 miles either side of the center- 5 miles either side of the centerline of Martinsburg, W, Va., radio range, ex­ line of the east course of the Mitchell the northwest course of the Utica, N. Y., tending 20 miles southwest of the Mar­ Field, N. Y., radio range, extending to radio range, extending 20 miles north­ tinsburg, W. Va., radio range station; and Fire Island, N. Y. west of the Utica, N. Y., radio range sta­ within 5 miles either side of the center- tion. line of the northeast course of the Mar­ § 601.10466 Airway traffic control area tinsburg, W. Va., radio range, extending extension (Dayton, Ohio). From the § 601.10449 Airway traffic control area 10 miles northeast of the Shepherd Air­ Dayton, Ohio, radio range station, within extension (Hartford, Conn.). Prom the port. 5 miles either side of the west course of Hartford, Conn., radio range station, within 5 miles either side of the center- § 601.10458 Airway traffic control the Dayton, Ohio, radio range, extending line of the southeast course of the Hart­ area extension (Lynchburg, Va.). Prom to its intersection with the northeast ford radio range, extending 20 miles the Lynchburg, Va., radio range, within course of the Indianapolis, Ind., radio southeast of the Hartford, Conn., radio 5 miles either side of the centerline of range. range station. the north course of the Lynchburg, Va., 2. By deleting § 601.200101 Butte, radio range, extending 20 miles north of Mont., airport approach zone. § 601.10450 Airway traffic control area the Lynchburg, Va., radio range station; extension (Portland, Maine). From the 3. By deleting from § 601.200102 Mo­ Portland, Maine, radio range station, and within 5 miles either side of the line, III., airport approach zone. within 5 miles either side of the center- centerline of the south course of the 4. By deleting from § 601.2000 tl^e fol­ Lynchburg, Va., radio range, extending lowing: line of the northwest course of the Port-^ 10 miles south of the Preston Glenn landland, Maine, radio range, extending Airport. Boise, Idaho, Gowen Field. 20 miles northwest of the Portland, Burley, Idaho, Burley Airport. Maine, radio range station. § 601.10459 Airway traffic control Couer D’Alene, Idaho, Couer D’Alene Air area extension (Elkins, W, Va.). From Terminal Airport. § 601.10451 Airway traffic control area the Elkins, W. Vfi., radio range station, Dubois, Idaho, CAA Int. Field. extension (Westfield, Mass.). Prom the within 5 miles either side of the center- Malad City, Idaho, CAA Int. Field. Westfield, Mass., radio range station, line of the south course of the Elkins PocateUo, Idaho, Pocatello Airport. 'within 5 miles either side of the center- radio range, extending 10 miles .south of Billings, Mont., Billings, Airport. line of the north course of the Westfield Bozeman, Mont., Gallatin Field. the Elkins, W. Va., Airport. Custer, Mont., CAA Int. Field. radio range, extending 10 miles north Cutbank, Mont., Cutbank Airport. of the Barnes Airport. § 601.10460 Airway traffic control billon, Mont., CAA Int. Field. area extension (Gorddnsville, Va.). Drummond, Montv CAA Int. Field. § 601.10452 Airway traffic control area From the Gordonsville, Va., radio range extension (Houlton, Maine). Prom the Great Falls, Mont., Gore Field. station, Vithin 5 miles either side of the Helena, Mont., Helena Airport. Houlton, Maine, radio range station, centerline of the southeast course of the Lewis town, Mont., Lewistown Airport. within 5 miles either side of the center- Gordonsville, Va„ radio range, extending Miles City, Mont., Miles City Airport. line of the south course of the Houlton, 10 miles southeast of the C. A. A. Inter­ Missoula, Mont., Missoula County Airport. Maine, radio range, extending 10 miles mediate Field. Superior, Mont., CAA Int. Field. south of the Houlton Army Air Field. Whitehall, Mont., CAA Int. Field. § 601.10461 Airway traffic control Baker, Oreg., Baker Airport. § 601.10453 Airway traffic control area area extension (Raleigh, N. C.). Prom Eugene, Oreg., Mahlon-Sweet Airport. extension (Philipsburg, Pa.). From the the Raleigh, N. C., radio range station, Klamath Falls, Oreg., Klamath Falls NAB. Philipsburg, Pa.*- radio range station, Medford, Oreg., Medford Airport. within 5 miles either side of the center- within 5 miles either side of the center- Pendleton, Oreg., Pendleton Field. line of the liorth course of the Philips­ line of the southeast course of the Portland, Oreg., Portland Municipal Airport. burg, Pa.* radio range, extending 20 miles Raleigh, N. C., radio range, extending 20 Redmond, Oreg., Redmond AAF. north of the Philipsburg, Pa., radio range miles southeast of the Raleigh, N. C., The Dalles, Oreg., The Dalles Airport. station. radio range station. Ellensburg, Wash,, Ellensburg AAF. Ephrata, Wash., Ephrata AAB. § 601.10454 Airway traffic control area § 601.10462 Airway traffic control area Everett, Wash., Paine Field. extension (Elmira, N. Y.). Prom the extension (Roanoke, Va.). Prom the Spokane, Wash., Felts Field. Tacoma, Wash., McChord Field. Elmira, N. Y., radio range station, within Roanoke, Va., radio range station, within Toledo, Wash., CAA Int. Field. 5 miles either side of the centerline of 5 miles either side of the centerline of Walla Walla, Wash., Walla Walla AAF. the southwest course of the Elmira, N. Y., the south course of the Roanoke, Va., Yakima, Wash., Yakima County Airport. radio range, extending 20 milés^south- radio range, extending 20 miles south of Raleigh, N. C., Raleigh-Durham Airport. No. 95-— 2 3144 RULES AND REGULATIONS

5. By deleting from § 601.2002 the fol­ 8. By deleting § 601.200301 Birming­ Cincinnati, Ohio, Lunken Airport. lowing: ham, Ala., airport approach zone. Cleveland, Ohio, Cleveland Airport. Columbus, Ohio, Port Columbus, N. A. F. Alma, Ga., CAA Int. Field. 9. By deleting § 601.200305 Memphis, Dayton, Ohio, Dayton Airport. Augusta, Ga., Daniel Field. Tenn., airport approach zone. Detroit, Mich., Detroit City Airport. Banana River, Fla., Banana River, N. A. B. *10. By deleting § 601.200306 Savannah, Evansville, Ind., Evansville Airport (Old). Biloxi, Miss., Keesler Field. Ga., airport approach zone. Fargo, N. Dak., Fargo Airport (Hector Charleston, S. C., Charleston AAF. 11. By deleting § 601.200310 Jackson­ Field).' Charlotte, N. C., Charlotte Municipal Air­ port. ville, Fla., airport approach zone. Flint, Mich., Bishop Airport. Chattanooga, Tenn., Chattanooga Munici­ 12. By deleting § 601.200313 Melbourne, Grand Rapids, Mich., Kent County Airport. Fla., airport approach zone. Indianapolis, Ind., Indianapolis Municipal pal Airport (Lovell Field). Airport. Columbia, S. C., Owens Field. 13. By deleting § 601.200314 Miami, Lansing, Mich., Capital City Airport. Crestview*- Fla., CAA Int. Field. Fla., airport approach zone. Louisville, Ky., Bowman Field. Cross City, Fla., Cross City Airport. 14. By deleting § 601.200318 Cincin­ Milwaukee, Wis., General Mitchell Field. Daytona Beach, Fla., Daytona Beach nati, Ohio, airport approach zone. Minneapolis, Minn., Wold Chamberlain N. A. S. Field. Dothan, Ala., Dothan Municipal Airport. 15. By deleting § 601.200322 Seattle, Florence, S. C., Florence Airport. Wash., Boeing Field airport approach Peoria, 111., Peoria Municipal Airport. Fort Myers, Fla., Fort Myers Municipal Air- - zone. Rochester, Minn., Rochester Airport. port (Page Field). 16. By deleting § 601.200323 Chicago, Romulus, Mich., Romulus AAF. Greensboro, N. C., Greensboro-High Point 111., airport approach zone. South Bend, Ind., Bendix Field. Airport (Lindley Field). Terre Haute, Ind., Hulman Airport. 17. By deleting § 601.200324 Cleveland, Toled#, Ohio, Toledo Airport. Greenville, St C., Greenville Airport. Ohio, airport approach zone. Greenwood, Miss., Greenwood Airport. Youngstown, Ohio, Youngstown Airport. 18. By deleting § 601.200325 Columbus, St. Paul, Minn., flolman Field. Jacks Creek, Tenn., CAA Int. Field. Ohio, airport approach zone. Jackson, Miss., Jackson Airport. 25. By adding in § 601.3000 Airport Key West, Fla., Key West NAS. / 19. By deleting § 601.200326 Dayton, Knoxville, Tenn., Knoxville McGhee- Ohio, airport approach zone. traffic zones within three mile radius Tyson Airport.^ 20. By deleting § 601.200327 Indiana­ the following: Macon, Ga„ Macon Municipal Airport, Her­ polis, Ind., airport approach zone. Dubois, Idaho, Dubois Intermediate Field. bert Smart Field. 21. By deleting § 601.200328 Louisville, Bozeman, Mont., Gallatin-Bozeman Mu­ Meridian, Miss., Meridian Municipal Air­ Ky., airport approach zone. nicipal Airport. port, Key Field. Custer, Mont., Custer Intermediate Field. Mobile Ala., Bates Field. 22. By deleting § 601.200329 Minneapo­ Cut Bank, Mont., Cut Bank Municipal Air­ Montgomery, Ala., Gunter Field. lis, Minn., airport approach zone. port. Muscle Shoals, Ala., Muscle Shoals Munici­ 23. By deleting § 601.200302 Belling­ . Dillon, Mont., Dillon Intermediate Field. pal Airport. ham, Wash., airport approach zone. Drummond, Mont., Dru&mond Municipal Nashville, Tenn., Nashvill'e Municipal Air­ Airport. port (Berry Field). 24. By deleting from § 601.3000 the following: Lewistown, Mont., Lewistown Municipal Orlando, Fla., Orlando Municipal Airport. . ..._****¥- Airport. Spartanburg, S. C., Spartanburg Municipal ' Coeur d’Alene, Idaho, Coeur d’Alene Air Miles City. Mont., Miles City Municipal Airport (Memorial Field). Terminal. Airport. Tallahassee, Fla., Tallahassee Municipal Boise, Idaho, Gowen Field. 1 Missoula, Mont., Missoula County Airport. Airport (Dale Mabry Field). Billings, Mont., Billings Airport. Whitehall, Mont., Whitehall Municipal Tampa, Fla., Drew Field. Great Falls, Mont.,, Gore Field. Airport. Tri-City, Tenn., Tri-City Airport. Medford, Oreg., Medford AAF. Baker, Oreg., Baker Municipal Airport. West Palm Beach, Fla., Morrison Field. Portland, Oreg., Portland AAF. Eugene, Oreg., Mahlen-Sweet Airport. Winston-Salem, N. C., Winston-Salem Seattle, Wash., Boeing Field. Klamath Falls, Oreg., Klamath Falls Mu­ Municipal Airport (Smith-Reynolds Field). Walla Walla, Wash., Walla Walla AAF. nicipal Airport. Alexandria, Minn., Alexandria Airport. Atlanta, Ga., Atlanta, Airport. Redmond, Oreg., Redmond-Roberts Field. Battle Creek, Mich., Kellogg Field. - Augusta, Ga., Daniel Field. Salem, Oreg., Salem-McNary. Bismarck, N. Dak., Bismarck Airport. Birmingham, Ala., Birmingham AAF. The Dalles, Oreg., The Dalles Municipal Bowling Green, Ky., Bowling Green Airport, Charleston, S. C., Charleston AAF. Airport. 1 ^Dickinson, N. Dak., Dickinson Airport. Charlotte, N. C., Charlotte Municipal Air­ Eliensburg, Wash., Bowers Field. Detroit, Mich., Detroit City Airport. port. Ephrata, Wash., Ephrata Municipal Air­ Duluth, Minn., Williamson-Johnson Air­ Chattanooga, Tenn., Chattanooga Airport port. port. (Lovell Field).. Spokane, Wash., Spokane AAF. Effingham, 111., CAA Int. Field. Crestview, Fla., CAA Int. Field. Toledo, Wash.,' Toledo Intermediate Air­ Evansville* Ind., Evansville Airport (old). Daytona Beach, Fla., Daytona Beach NAS. port. . Fargo, N. Dak., Fargo Airport (Hector Dothan, Ala., Dothan Airport. Field). Florence, S. C., Florence AAF. 26. By adding in § 601.3001 Airport Goshen, Ind., CAA Int. Field. Fort Myers, Fla., Page Field. traffic zones within a five mile radius Grand Forks, N. Dak., Grand Forks Airport. Greensboro, N. C„ Greensboro-High Point the following: Grand Rapids, Mifth., Kent County Airport. (Lindley Field). Boise, Idaho, Boise Air Terminal. Harvey, HI., Rubinkam Airport. Greenville, S. C., Greenville Airport. Joiliet, 111., CAA Int. Field. Billings, Mont., Billing Municipal Airport. Greenwood, Miss., Greenwood Airport. Great Falls, Mont., Great Falls Municipal La Crosse, Wis., CAA Int. Field. Jackson, Miss., Jackson Airport. Lansing, Mich., Capital City Airport. Airport. Jacksonville, Fla., Jacksonville Airport No. Medford, Oreg., Medford AAF. Lone Rock, Wis., CAA Int. Field. 1, N. A. A. S. Madison, Wis., Truax Airport. Portland, Oreg., Portland AAF. Key West, Fla., Meacham Field. Seattle,.Wash., Boeing Field. Milwaukee, Wis., General Mitchell Field. Knoxville, Tenn., McGhee-Tyson Airport. Muskegon, Mich., Muskegon County Air­ Spokane, Wash., ^Geiger AAF. Macon, Ga., Herbert Smart Airport. Tacoma, Wash., McChord Field. port. Melbourne, Fla., Melbourne NAS. Pembina, N. Dak., CAA Int. Field. Walla Walla, Wash., Walla Walla AAF. Memphis, Tenn., Memphis Airport. St. Paul, Minn., Holman Airport. Peoria, 111., Peoria Municipal Airport* Meridian, Miss., Key Field. Rochester, Minn., Rochester Airport. Miami, Fla., Miami AAF. 27. By adding in § 601.3002 Airport Rockford, 111., Machesney Airport. Mobile, Ala., Bates Field. traffic zones as described herein, the fol­ Romulus, Mich., Romulus Airport. Muscle Shoals, Ala., Muscle Shoals Airport. South Bend, Ind., Bendix Field. Nashville, Tenn., Berry Field. lowing : Springfield, 111., Springfield Airport. Orlando, Fla., Orlando Municipal Airport. § 601.3002080 Coeur D’Alene, Idaho, Terre Haute, Ind. Paul Cox Airport. Pensacola, Fla., Pensacola1 Airport. airport traffic zone. Within a three mile Toledo, Ohio, Toledo Airport. Raleigh, N. C., Raleigh-Durham Airport. Youngstown, Ohio, Youngstown Airport. Savannah, Ga., Hunter Field. radius of the Coeur D’Alene Air Terminal, 6. By deleting from § 601.2000 the Spartanburg, S. C., Memorial Airport. Coeur D’Alene, Idaho, and within two following: Tallahassee, Fla„ Dale Mabry Field. miles either side of the centerline of the Tri-Qity, Tenn., Tri-City Airport. riorth course of Coeur D’Alene radio Flint, Mich., Bishop Airport. West Palm Beach, Fla., Morrison Field. range, extending to the Coeur D’Alene Fort Wayne, Ind., Baer Field. Akron, Ohio, Akron Airport. radio range station. Battle Crefek, Mich., Kellogg Field. 7. By deleting § 601.200300 Atlanta, Bismarck, N. Dak., Bismarck Airport. § 601.3002081 Akron, Ohio, airport Ga., airport approach zone. Chicago, 111., Chicago Airport. traffic zone. Within a 5 mile radius of Wednesday, May 14, 1947 FEDERAL REGISTER 3145 • the Municipal Airport and within 2 miles § 601.3002091 Detroit, Mich., airport § 601.3002101 Grand Forks, N. Dak., either side of the centerline of the south­ traffic zone.. Within a 5-mile radius of airport traffic zone. Within a 5 mile west course of the Akron, Ohio, radio the Detroit City Airport and within 2 radius of the Municipal Airport, and range, extending 10“ miles southwest of miles either side of the centerlines of the within 2 miles either side of the center- the radio range station. northwest and southeast courses of the line of the south course of the Grand § 601.3002082 Alexandria, Minn., air­ Windsor radio range, Windsor, Ontario, Forks, N. Dak., radio range, extending port traffic zone. Within a 5 mile radius Canada, extending 10 miles southeast of 10 miles south of the radio range station. of the Municipal Airport and within 2 the radio range station, excluding that § 601.3002102 Grand Rapids, Mich., miles either side of the centerline of the portion which lies outside the conti­ airport traffic zone. Within a 5 mile north course of the Alexandria, Minn., nental limits of the United States. radius of the Kent County Airport and radio range, extending 10 miles north of § 601.3002092 Dickinson, N. Dak.,'air­ within 2 miles either side of the center- the radio range station. port traffic zone. Within a 5-mile radius line of the southeast course of the Grand § 601.3002083 Battle Creek, Mich., air­ of the Municipal Airport and within 2 Rapids radio range, extending 10 miles port traffic zone. Within a 5 mile radius miles éither side of the centerline of the southeast of the radio range station. of Kellogg Field and within 2 miles either north course of the Dickinson radio § 601.3002103 Huntington, W. Va., side of the centerline of the south course range, extending 10 miles north of the airport traffic zone. Within a 5 mile of the Battle Creek, Mich., radio range, *râdio range station. radius of the Mayes Airport, Chesapeake, extending 10 miles south of the radio § 601.3002093 Duluth, Minn., airport Ohio, and within 2 miles either side of range station. traffic zone. Within a 5-mile radius of the centerline of the west course of the § 601.3002084 Bismarck, N. Dak., air­ the Williamson-Johnson Airport and Huntington, W. Va., radio range, extend­ port traffic zone. Within a»5 mile radius within 2 miles either side of the center- ing 10 miles west of the radio range sta­ of the Municipal Airport* and within 2 line of the south course of the Duluth, tion. miles either side of the centerline of the Minn., radio range, extending 10 miles § 601.3002104 Indianapolis, Ind., air­ east course of the Bismarck, N. Dak., south of the radio range station. port traffic zone. Within a 5 mile radius radio range, extending 10 miles east of § 601.3002094 Effingham, III., airport of the Municipal Airport, within 2 miles the radio range station. traffic zone. Within a 5-mile radius of either side of the centerline of the west § 601.3002085 Chicago, III., airport the Effingham Airport and within 2 miles course of the Indianapolis, Ind., radio traffic zone. Within a 5 mile radius of either side of the centerline of the east range, extending to the Greencastle Fan the Municipal Airport, within 2 miles course of the Effingham, 111., radio range, Marker and within 2 miles either side of either side of the centerline of the south­ extending 10 miles east of- the radio the centerline of the north course of the east course of the Chicago, 111., radio range station. Indianapolis, Ind., radio range extending range, extending to the Thornton Inter­ § 601.3002095 Evansville, Ind., airport to the Advance Fan Marker. section (intersection southeast course of traffic zone. Within a 5 mile radius of § 601.3002105 Jamestown, N. Dak., Chicago radio range and east course of - the Municipal Airport and within 2 miles airport traffic zone. Within a 5 mile Harvey, 111., radio range) and within 2 either side of the centerline of the north radius of the Municipal Airport and miles either side of the northwest course course of the Evansville, Ind., radio within 2 miles either side of the center- of the Chicago, 111., radio range extending range, extending 10 miles north of the line of the east course of the Jamestown, to the Franklin Park Fan Marker. radio range station. N. Dak., radio range, extending 10 miles § 601.3002086 Cincinnati, Ohio, airport § 601.3002096 Fargo, N. Dak., airport east of the radio range station. traffic zone. Within a 5 mile radius of traffic zone. Within a 5 mile radius of § 601.3002106 Joliet, III., airport traf­ the Lunken Airport and within 2 miles Hector Field and within 2 miles either fic zone. Within a 5 mile radius of the either side of the centerline of the north­ side of thç centerline of the east course Municipal Airport and within 2 miles east course of the Cincinnati, Ohio, radio of the Fargo, N. Dak., radio range, ex­ either side of the centerline of the north­ range extending 10 miles northeast of tending 10 miles east of the radio range west course of the Joliet, III., radio range, the Loveland Fan Marker. station. extending 10 miles northwest of the radio § 601.3002087 Cincinnati, Ohio, air­ § 601.3002097 Flint, Mich., airport range station. port traffic zone. Within a 5-mile radius traffic zone. Within a 5 mile radius of § 601.3002107 Lansing, Mich., airport of the Greater Cincinnati Airport (Cov­ the Bishop Airport, within 2 miles either traffic zone. Within a 5 mile *radius of ington, Kentucky) and within 2 miles side of a line 307° magnetic and toward the Capitol City Airport and within 2 either/side of the centerline of the In­ the airport, extending 10 miles south­ miles either side of the centerline of the strument Low Approach System (360° east of the airport and within 2 miles east course of the Lansing, Mich., radio magnetic and toward the airport) ex­ either side of a line 73° magnetic and range, extending 10 miles east of the tending 14.3 miles south of the south end toward the airport, extending 10 miles radio range station. of the runway. west of the airport. § 601.3002108 Lafayette, Ind., airport § 601.3002088 Cleveland, Ohio, air­ §601.3002098 Fort Wayne, Ind., air­ traffic zone. Within a 5 mile radius of port traffic zone. Within a 5-mile radius port traffic zone. Within a 5 mile radius the Purdue University Airport and within of the Municipal Airport and within 2 . of Baer Field and within 2 miles either 2 miles either side of the centerline of miles either side of the centerline of the side of the centerline of the southwest the southwest course of the Lafayette, west course of the Cleveland, Ohio, radio course of the Fort Wayne, Ind., radio Ind., radio range, extending 10 miles range, extending to the Elyria Fan 'range, extending 10 miles southwest of southwest of the radio range station. Marker. the radio range station. § 601.3002109 Lone Rock, Wis., air­ § 601.3002089 Columbus, Ohio, air­ § 601.3002099 Glenview, III:, airport port traffic zone. Within a 5 mile radius port traffic zone. Within a 5-mile radius traffic zone. Within a 5 mile radius of of the Lone Rock, Wis., Municipal Air­ of the Port Columbus Municipal Airport, the Glenview, 111., Naval Air Station and port and within 2 miles either side of within 2 miles either side of the center- within 2 miles either side of the center- the centerline of the west course of the line of the west course of the Columbus, line of the northwest course of the Glen­ Lone Rock radio range, extending 10 Ohio, radio range,'extending to the view, 111., radio range, extending 10 miles west of the radio range station. * Hilliard Fan Marker and within 2 miles miles northwest of the radio range either side of the centerline of the east § 601.3002110 Louisville, Ky., airport course of the Columbùs radio range, ex­ station. traffic zone. Within a 5 mile radius of tending to the Newark Fan Marker. § 601.3002100 Goshen, Ind., airport Bowman Field and within 2 miles either side of the centerline of the east course § 601.3002090 Daiton, Ohio, airport traffic zone. Within a 5 mile radius of the Goshen Airport and within 2 miles of the Louisville, Ky., 'radio range, ex­ traffic zone. Within a 5-mile radius of tending to the Eastwood Fan Marker. thé Municipal Airport and within 2 miles either side of the centerline of the west either side of the centerline of the west course of the Goshen, Ind., radio range, § 601.3002111 Madison, Wis., airport course of the Dayton, Ohio, radio range, extending 10 miles west of the "radio traffic zone. Within a 5 mile radius of extending to the Verona Fan Marker. range station. the Truax Airport and within 2 miles 3146 RULES AND REGULATIONS either side of the centerline of the stiuth- § 601.3002121 Romulus, Mich., airport miles northwest of the radio range east course of the Madison, Wis., radio traffic zone. Within a 5 mile radius of station. range, extending 10 miles southeast of the Romulus Army Air Field and within § 601.3002130 Augusta, Ga., airport the radio rangé station. 2 miles either side of the centerline of the traffic zone. Within a 5 mile radius of § 601.3002112 Milwaukee, Wis., airport west course of the Romulus, Mich., radio Daniel Field and within 2 miles either traffic zone. Within a 5 mile radius of the range, extending to the Saline Fan side of the centerline of the southwest General Mitchell Airport and within 2 Marker. course of the Augusta, Ga., radio range, miles either side of the centerline of the § 601.3002122 South Bend, Ind., air­ extending 10 miles s'outhwest of the south course of the Milwaukee, Wis., port traffic zone. Within a 5 mile radius radio range station. radio range, extending to the Kenesha of the Bendix Airport within 2 miles § 601.3002131 Biloxi, Miss., airport Fan Marker. either side of the centerline of the west traffic zone. Within a 5 mile radius of § 601.3002113 Minneapolis, Minn., air­ course of South Bend, Ind., radio range, Keesler Field and within 2 miles either port traffic zone. Within a 5 mile radius extending 10 miles west of the radio side of the centerline of the northeast of the Wold-Chamberlain Airport and range station and within 2 mile$ either course of Keesler Field radio range, ex­ within 2 miles either side of the center- side of the centerline of the east course of tending 5 miles northeast of the radio South Bend radio range, extending to the range station. line of the southeast course of the Min­ Union Intersection (intersection of nortlf neapolis, Minn., radio range, extending course of Goshen radio range, Goshen, § 601.3002132 Birmingham, Ala., air­ to the Hastings Fan Marker. Ind., and east course of South Bend, Ind., port traffic zone. Within a 5 mile radius § 601.3002114 Minot, N. Dak., airport radio range). of Birmingham Airport and within 2 traffic zone. Within a 5 mile radius of the miles either side of the centerline of the Port O’Minot Field and within 2 miles § 601.3002123 Springfield, III., airport north course of the Birmingham, Ala., either side of the centerline of the south­ traffic zone. Within a 5 mile radius of radio range, extending 10 miles north of east course of the Minot radio range, ex­ the Springfield Airport and within 2 the Birmingham, Ala., radio range miles either side of the centerline of the station. tending 10 miles southeast of the radio northwest course of the Springfield, 111., range station. radio range, extending 10 miles north­ § 601.3002133 Charleston, S. €., air­ § 601.3002115 Moline, III., airport traf­ west of the radio range station. . port traffic zone. Within a 5 mile radius fic zone. Within a 5 mile radius of the of the Municipal Airport and within 2 Municipal Airport, within 2 miles either § 601.3002124 Terre Haute, Ind., airport miles either side of the centerline of the side of the centerline of the west course traffic zone. Within a 5 mile radius of northwest course of the Charleston, of the Moline Localizer, extending 10 Hulman Field and within 2 miles either S. C., radio range, extending to the Sum­ side of the centerline of the west course merville Fan Marker. miles west of the station and within 2 of Terre Haute, Ind., radio range, ex­ miles either side of the south course of tending 10 miles west of the radio range § 601.3002134 Charlotte, N. C., air­ the Moline radio range, extending from station. port traffic zone. Within a 5 mile radius the radio range station to the intersec­ of Douglas Airport and within 2 miles tion of the south course of the Moline § 601.3002125 Toledo, Ohio, airport either side of the centerline of the south radio range and the west course of the traffic zone. Within a 5 mile radius of course of Charlotte, N. C. radio range, Moline Localizer. the Municipal Airport and within 2 miles extending 5 miles south of the radio § 601.3002116 Muskegon, Mich., airport either side of the centerline of the south range station, traffic zone. Within a 5 mile radius of course of the Toledo, Ohio, radio range, the Muskegon County Airport and within extending to the Bowling Green Fan § 601.3002135 Chattanooga, Tenn., 2 miles either side of the centerline of the Marker. airport traffic zone. Within a 5 mile southeast course of the Muskegon, Mich., § 601.3002126 Youngstown, Ohio, air­ radius of Lovell Field and within 2 miles radio range, extending 10 miles southeast port traffic zone. Within a 5 mile radius either side of the centerline of the north­ of the radio range station. of the Municipal Airport and within 2 east course of the Chattanooga, Tenn., § 601.3002117 Pembina, N. Dak., air­ miles either side of the centerline of the radio range, extending 10 miles northeast port traffic zone'. Within a 5 mile radius north course of the Youngstown, Ohio, of the radio range station. of the Pembina Airport and within 2 miles radio range, extending 10 miles north of the radio range station. § 601.3002136 Columbia, S. C., airport either side of the centerline of the south traffic zone. Within a 5 mile radius of course of the Pembina, N. Dak., radio § 601.3002127 Ypsilanti, Mich., air­ Lexington County Airport and within 2 range, extending 10 miles south of the port traffic zone. Within a 5 mile radius miles either side of the centerline of the radio range station, excluding that por­ of Willow Run Airport within 2 miles east and west courses of the Columbia, tion which lies outside the continental either side of a line 275° magnetic and limits of the United States. S. C. radio range, extending 5 miles east toward the station, extending 5 miles of the radio range station. , § 601.3002118 Peoria, III., airport traf­ beyond the circular area and within 2 fic zone. Within a 5 mile radius of the miles either side« of a line 65° magnetic § 601.3002137 Crestview, Fla., airport Municipal Airport and within 2 miles and toward the station, extending 5 miles traffic zone. Within a 5 mile radius of either side of the centerline of the north beyond the circular area. Crestview Airport and within 2 miles course of the Peoria, HI., radio range, § 601.3002128 Bowling Green, Ky., air­ either side of the centerline of the east extending 10 miles north of the radio port traffic zone. Within a 5 mile radius course of Crestview, Fla. radio range, range station. of Bowling Green, Ky., Airport and extending 10 miles east of the radio range § 601.3002119 Rochester, Minn., air­ within 2 miles either side of the center- station. port traffic zone. Within a 5 mile radius, line of the southeast course of Bowling § 601.3002138 Cross City, Fla., airport of the Municipal Airport and within 2 Green radio range, extending 10 miles traffic zone. Within a 5 mile radius of miles either side of the centerline of the southeast of the radio range station. south course of the Rochester, Minn., Cross City Airport and within 2 miles radio range, extending 10 miles south of § 601.3002129 Atlanta, Ga., airport either side of the centerline of the south­ the radio range station. traffic zone. Within â 5 mile radius of east course of Cross City, Fla. radio the Municipal Airport, within 2 miles range, extending 10 miles southeast of § 601.3002120 Rockford, III., airport the radio range station. traffic zone. Within a 3 mile radius of either side of the centerline of the south­ the Machesney Airport and within 2 miles east course of the Atlanta, Ga., radio § 601.3002139 Daytona Beach, Fla., either side of the centerline of the south­ range, extending to the Jonesboro Fan airport traffic zone. Within a 5 mile west course of the Rockford, 111., radio Marker and within 2 miles either side of radius of Daytona Beach Airport and range, extending 10 miles southwest of the centerline of the northwest course of within 2 miles either side of the center- the radio range station. ' the Atlanta radio range, extending 10 line of the west course of Daytona Beach, Wednesday, May 14, 1947 FEDERAL REGISTER 3147 Fla. radio range, extending 10 miles the north course of Knoxville, Tenn., the Municipal Airport and^within 2 miles west of the radio range station. radio range, extending 10 miles north of either^ side of the centerline of the § 601.3002140 Dothan, Ala., airport the radio range station. northeast course of Orlando, Fla., radio traffic zone. Within a 5 mile radius of § 601.3002151 Macon, Ga., airport range, extending 10 miles northeast of Dothan Airport and within 2 miles either traffic zone. Within a 5 mile radius of the radio range station. side of the centerline of the southwest Herbert Smart Airport and within 2 miles § 601.3002162 Pensacola, Fla., airport course of Dothan, Ala. radio range, ex­ either side of the centerline of the north­ traffic zone. Within a 5 mile radius of tending 10 miles southwest of the radio east and southwest courses of the Macon, the Municipal Airport and within 2 range station. Ga., radio range, extending 10 miles miles either side of the centerline of § 601.3002141 Florence, S. C„ airport northeast of the radio range station. the south course of Pensacola, Fla., traffic zone. Within a 5 mile radius of § 601.3002152 Melbourne, Fla., airport radio range, extending IQ miles south Florence Airport and within 2 miles traffic zone. Within a 5 mile radius of of the radio range station. either side of the centerline of the east Melbourne Airport and within 2 miles § 601.3002163 Raleigh, N. C„ airport * course of Florence, S. C. radio range, ex­ either side of the centerline of the north traffic zone. Within a 5 mile radius of tending 10 miles southeast of the radio course of Melbourne, Fla., radio range, Raleigh-Durham Arport and within 2 range station. extending 10 miles north, of the radio miles either side of the centerline of § 601.3002142 Fort Myers, Fla., airport range station. the southeast course of Raleigh, N. C., traffic zone. Within a 5 mile radiuk of § 601.3002153 Memphis, Tenn., air­ radio range, extending 10 miles south- Page Field and within 2 miles either side port traffic zone. Within a 5 mile radius east of the radio range station. of the centerline of the southwest course of the Municipal Airport and within 2 § 601.3002164 Savannah, Ga., airport of Fort Myers, Fla., radio.range, extend­ miles either side of the centerline of the traffic zone. Within a 5 mile radius of ing 10 miles southwest of the radio south course of Memphis, Tenu., radio Hunter Field and within 2 miles either range station. « range, extending to the Nesbitt Fan side of the centerline of the southwest course of Savannah, Ga., radio range, § 601.3002143 Greensboro, N. C„ air­ Marker. . port traffic zone. - Within a 5 mile radius § 601.3002154 Meridian, Miss., airport extending to Richmond Hill Fan Marker. of the Greensboro-High Point Airport traffic zone. Within a 5 mile radius of § 601.3002165 Spartanburg, S. C., air­ and within 2 miles either side of the Key Field and within 2 miles either side port traffic zone. Within a 5 mile radius centerline of the northeast course of the of the centerline of the northwest course of Memorial Airport and within 2 miles Greensboro, N. C., radio range, extend­ of Meridian, Miss., radio range, extend­ either side of the centerline of the ing 10 miles northeast of the radio range ing 10 miles northwest of the radio range southwest course of Spartanburg, S. C., station. station. radio range, extending 10 miles south­ § 601.3002144 Greenville, S. C., air­ ' § 601.3002155 Miami, Fla., airport west of the radio range station. port traffic zone. Within a 5 mile radius traffic zone. Within a 5 mile radius of § 601.3002166 Tallahassee, Fla., air­ of the Greenville Airport and within 2 „Miami International Airport and within port traffic zone. Within a 5 mile radius miles either side of the centerline of 2 miles either side of the centerline of the of Dale Mabry Field and withih 2 miles the south course of Greenville, S. C. radio east course of Miami, Fla., radio range, either side of the centerline of the range, extending 10 miles south of the extending to the Miami Bay Shore Fan northwest course of Tallahassee, Fla., radio range station. Marker. radio range, extending 10 miles north­ west of the radio range station. § 601.3002145 Greenwood, Miss., air­ § 601.3002156 Mobile, Ala., airport port traffic zone. Within a 5 mile radius traffic zone. Within a 5 mile radius of § 601.3002167 Tampa, Fla., airport of the Municipal Airport and within 2 Bates Field, within 2 miles either side of traffic zone. Within a 5 mile radius of miles either side of the centerline of the a direct line between Bates Field and Mo­ Drew Field, within 2 miles either side of east course of Greenwood, Miss., radio bile radio range station and within 2 a direct line between Drew Field and range, extending 10 miles east of the miles either side of the centerline of the Tampa, Fla., radio range station, and radio range station. northeast course of Mobile, Ala., radio within 2 miles either side of the center- range, extending 10 miles northeast of line of the south course of Tampa radio § 601.3002146 Jacks Creek, Tenn., air­ the radio range station. range, extending 10 miles south of the port traffic zone. Within a 5 mile radius radio range station. of Jacks Creek Intermediate Field and § 601.3002157 Mobile, Ala., airport within 2 miles either side of the center- traffic zone. Within a 5 mile radius of § 601.3002163 Tri City, Tenn., airport line of the north course of Jacks Creek, Brookley Field and within 2 miles either traffic zone. Within a 5 mile radius of Tenn., radio range, extending 10 miles side of the centerline of the northwest the Tri City Arport and within 2 miles north of the radio range station. course of Mobile, Ala,, radio range, ex­ either side of the centerline of the north­ tending 10 miles northwest of the radio east course of Tri City, Tenn., radio § 601.3002147 Jackson, Miss., airport range station. range, extending 10 miles northeast of traffic zone. Within a 5 mile radius of the radio range station. Jackson Airport and within 2 miles § 601.3002158 Montgomery, Ala., air­ either side of the centerline of the north port traffic zone.^ Within a 5 mile radius § 601.3002169 West Palm Beach, Fla., course of Jackson, Miss., radio range, of Maxwell Field and within two miles airport traffic zone. Within a 5 mile, extending to the Flora Fan Marker. either side of the centerline of the west radius of Morrison Field and within 2 course of Maxwell radio range, extend­ miles either side of the centerline of the § 601.3002148 Jacksonville, Fla., air­ ing 10 miles west of the radio range west course of West Palm Beach, Fla., port traffic zone. Within a 5 mile radius station. radio range, extending 10 miles west of of Municipal Airport No. 1 and within 2 the radio range station. miles either side of the centerline of the § 601.3002159 Muscle Shoals, Ala., east course of Jacksonville, Fla., radio airport traffic zone. Within a 5 mile § 601.3002170 Winston-Salem, N. C. range, extending to the Fort George radius of Muscle Shoals Airport and airport traffic zone. Within a 5 mile' Island Fan Marker. within 2 miles either-side of the center- radius of Smith-Reynolds Airport and line of the southeast course of Muscle within 2 miles either side of the center­ § 601.3002149 Key West, Fla., airport Shoals radio range, extending 10 miles line of the southeast and northwest traffic zone. Within a 5 mile radius of southeast of the radio range station. courses of Winston-Salem radio range, Meacham Airport and within 2 miles extending 10 miles southeast of the radio either side of the centerline of the west § 601.3002160 Nashville, Tenn., air- range station. course of Key West, Fla., radio range, port tra ffic zone. Within a ijnile radius § 601.3002171 Alma, Ga. airport traf­ extending 10 miles west of the radio of Berry Field and within 2 miles either fic zone. Within a 5 mile radius of Ama range station. side of the centerline of the east course Intermediate Field and within 2 miles § 601.3002150 Knoxville, Tenn., air­ of Nashville, Tenn., radio range, ex­ either side of the centerline of the north­ port traffic zone. Within a 5 mile radius tending to the Mount Juliet Fan Marker. west course of the Ama, Ga., radio range, of the McGhee-Tyson Airport and within § 601.3002161 Orlando, Fla., airport extending 10 miles northwest ©f the 2 miles either side of the centerline of traffic zone. Within a 5 mile radius of radio range station. 3148 RULES AND REGULATIONS

This amendment shall become effec­ El Centro, Calif., El Centro MCAS. either side of the centerline of the north­ tive 0001 e. s. t. May 13,1947. Humboldt, Nev., CAA Int. Field.- west course of Burbank radio range, ex­ Santa Barbara, Calif., Santa Barbara (Sec. 308, 52 Stat. 986, 54 Stat. 1233,1235, Municipal Airport. tending to the Simi Intersection (inter­ 1236; 49 U. S. C. 458) Sunnyvale, Calif., Moffett Field. section of northwest course of Burbank radio range and southwest course of [seal] T. P. Wright, 3. By deleting § 601.200311 Long Newhall radio range, Newhall, Calif.), Administrator of Civil Aeronautics. Beach, Calif., airport approach zone. within 2 miles either side of the center- 4. By deleting § 601.200312 Los An­ [F. R. Doc. 47-4500; Filed, May 13, 1947; line of the southwest course of Newhall 8:45 a. m.] geles, Calif., airport approach zone. radio range, extending to and including 5. By deleting § 601.200317 Oakland, the area within a 2 mile radius of New­ Calif., airport approach zone. hall radio range station and within 2 6. By deleting § 601.200320 San Diego, miles either side of the centerline of the [Arndt. 156] Calif., airport approach zone. southeast course of Newhall radio range, 7. By deleting § 601.200321 San Fran­ extending to the intersection of north­ P art 601—D esignation of, Airway Traf-" cisco, Calif., airport approach zone. west course of Burbank radio range and fic Control Areas, Airport Approach 8. By deleting from § 601.3000 the fol­ northwest course of Los Angeles radio Zones, Airport T raffic Zones and lowing : range, Los Angeles, Calif. R adio F ixes Fresno, Calif., Fresno-Chandler Airport. § 601.3002174 El Centro, Calif., air­ cancellation of airport approach zones Ogden, Utah, Robert H. Hinckley Field. port traffic zone. Within a 5 mile radius AND ESTABLISHMENT OF AIRPORT TRAFFIC Reno, Nev., Hubbard Field. of the El Centro, Calif., Naval Air Station ZONES Santa Barbara, Calif., Santa Barbara, MCAS. Tucson, Ariz., Tucson Airport. and within a 2 mile radiüs of El Centro It appearing that: (1) The increased Winslow, Ariz.* Winslow Airport. radio range station. volume of air traffic at certain points Bakersfield, Calif., Bakersfield-Kern Air­ § 601.3002175 Fresno, Calif., airport necessitates, in the interest of safety in port. traffic zone. Within a 5 mile radius of air commerce, the immediate cancella­ Burbank (Los Ahgeles), Calif., Lockheed Chandler Airport and within 2 miles tion of airport approach zones and the Air Terminal. Las Vegas, Nev., Las Vegas AAF either side of the centerline of the south­ establishment of airport traffic zones at Long Beach, Calif., Long Beach AAF east course of Fresno, Calif., radio range, such points; and (2) the cancellation of (Daugherty Field). extending 15 miles southeast of the radio airport approach zones and the establish­ Los Angeles, Calif., Los Angeles Airport range station. ment of airport traffic zones referred to (Mines Field). in (1) above have been coordinated with Oakland, Calif., Oakland Airport. § 601.3002176 Las Vegas, Nev,, airport the civil operators involved, the Army Palmdale, Calif., Palmdale AAF. traffic zone. Within a 5 mile radius of and the Navy through the Air Coordi­ Phoenix, Ariz., Sky Harbor Airport. McCarran Field and within 2 miles either nating Committee, Airspace Subcommit­ Sacramento, Calif., Sacramento Airport. side of the centerline of the northeast tee; San Diego, Calif., Lindbergh Field. course of the Las Vegas, Nev., radio San Francisco, Calif., San Francisco Airport. range, extending to Mormon Nesa Fan And finding that: The general notice Salt Lake City, Utah, Salt Lake City Air- of proposed rule making and public pro­ port No. 1. Marker. • cedure provided for in section 4 (a) of § 601.3002177 Long Beach, Calif., air­ the Administrative Procedure Act is im­ 9. By adding in § 601.3000 Airport traf­ port traffic zone. Within a 5 mile radius practicable and unnecessary; now, there­ fic zones within three mile radius, the of the Municipal Airport (Daugherty fore, acting pursuant to the authority following: Field), within 2 miles either side of the vested in me by section 308 of the Civil Lucin, Utah, Intermediate Field. centerline of the southeast course of Aeronautics Act of 1938,' as amended, and Needles, Calif., Needles Airport. Long Beach radio range, extending to Special Regulation No. 197 of the Civil Williams, Calif., Intermediate Field. Huntington Beach Fan barker, within 2 Aeronautics Board, I hereby amend Part 10. By adding in § 601.3001 Airport miles either side of the centerline of the 601 of the Regulations of the Adminis­ traffic zones within a five mile radius, the northeast course of Long Beach radio trator of Civil Aeronautics as follows: following: range, extending to La Habra Intersec­ 1. By deleting from § 601.2000 the tion (intersection east course of Los following: Fresno, Calif., Hammer Field. Ogden, Utah, Hill Field. Angeles radio range and northeast Bakersfield, Calif., Bakersfield-Kern Red Bluff, Calif., Red Bluff Municipal course of Long Beach radio range), with­ County Airport. (Bidwell Field). in 2 miles either side of the centerline of Battle Mountain, Nev., CAA Int. Field. Reno, Nev., Hubbard Field. the southwest course of Long Beach Blythe, Calif., Blythe AAF. Riverside, Calif., March Field. radio range extending to San Pedro In­ Burbank, Calif., Lockheed Air Terminal. Santa Barbara, Calif., Santa Barbara Cochise* Ariz., CAA Int. Field. tersection (intersection southwest course Municipal (Goleta Field). of Long Beach radio range and south­ Daggett, Calif., Daggett Municipal Airport. Sunnyvale, Calif., Moffett Field. Delta, Utah, Delta Airport. Tucson, Ariz., Davis-Monthan Field. east course of Los Angeles radio range) , Elko, Nev., Elko Airport (Keddie Field). Tucson, Ariz., Municipal Airport No. 2 within 2 miles either side of the center- Enterprise, Utah, CAA Int. Field. ' (Consolidated). line of the southeast course of Los Fairfield, Utah, CAA Int. Field. Winslow, Ariz., Winslow Airport. Angeles radio range from San Pedro in­ Fresno, Calif., Fresno-Chandler Airport. tersection, extending to the Los Angeles Gila Bend, Ariz., Gila Bend AAF. 11. By adding in § 601.3002 Airport Airport Traffic Zone and within 2 miles Las Vegas, Nev., Las Vegas AAF. traffic zones as described herein, the either side of the centerline of the north­ Lucin, Utah, CAA Int. Field. following: Milford, Utah, CAA Int. Field. west course of Long Beach radio range, Needles, Calif., Needles Airport. § 601.3002172 Bakersfield, Calif., air­ extending to Los Angeles Airport Traffic Newhall, Calif., Newhall Airport. port traffic zone. Within a 5 mile radius Zone. Ogden, Utah, Robert H. Hinckley Field. of the Bakersfield-Kern County Airport Palmdale, Calif., Palmdale AAF. § 601.3002178 Los Angeles, Calif., air­ Phoenix, Ariz., Sky Harbor Airport. and within 2 miles either side of the cen­ port traffic zone. Within a 5 mile radius Prescott, Ariz., Ernest Love Airport. terline of the northwest course of Bakers­ of the Municipal Airport (Mines Field), Red Bluff, Calif., Bidwell Field. field, Calif., radio range, extending 11 within 2 miles either side of the center- Reno, Nev., Hubbard Field. miles northwest of the radio range sta­ line of the east course of the Los Angeles Riverside, Calif., March Field. tion. radio range, extending to La Habra In­ Sacramento, Calif., Sacramento Airport. Salt Lake City, Utah, Salt Lake City Air­ § 601.3002173 Burbank, Calif ., airport tersection and within 2 miles either side port No. I. traffic zone. Within a 5 mile radius of of the centerline of the northwest course Silver Lake, Calif., CAA Int. Field. Lockheed Air Terminal within 2 miles of Los Angeles radio range, extending to Tucson, Ariz., Davis Monthan Field. either side of the centerline of the south­ the Burbank Airport Traffic Zone. Williams, Calif., CAA Int. Field. east course of Burbank, Calif., radio § 601.3002179 Oakland, Calif, airport Winslow, Ariz., Winslow Airport. range, extending to and including the traffic zone. Within a 5 mile radius of 2. By deleting from § 601.2002 the fol­ area within a 2 mile radius of Glendale the Municipal Airport within 2 miles ei­ lowing: Station Location Marker, within 2 miles ther side of the centerline of the south- Wednesday, May 14, 1947 FEDERAL REGISTER. - 3149 east course of the Oakland, Calif., radio Field), within 2 miles either side of the or by an attorney representing the range, extending to Newark Pan Marker, centerline of the southeast course of San claimant. within 2 miles either side of the center- Francisco, Calif., radio range, extending Claimsflled by a person authorized by line of the northwest course of Oakland to Belmont Fan Marker, within 2 miles law to make the claim on behalf of the radio range, extending to Richmond In­ either side of the centerline of the north­ injured person or his estate must be ac­ tersection (intersection northwest course east course of San Francisco radio range, companied by evidence establishing the of Oakland radio range, and southwest extending 6.25 miles northeast of the claimant’s right to make the claim. course of Fairfield radio range, Fair- radio range station and within 2 miles Claims filed by an attorney must be field, Calif.), within 2 miles either-side either side of the centerline of the north­ accompanied by a duly authenticated of the centerline of the.northeast course west course of the San Francisco radio power of attorney establishing his right Of Oakland radio range, extending to range, extending to Golden Gate Inter­ to represent the claimant. In filing Bay Point Fan Marker and within 2 section (intersection northwest course of such power of attorney the attorney miles either side of the centerline of the San Francisco radio range and southwest should state whether he claims a fee, southwest course of Oakland radio range, course of Fairfield radio range). the amount of which, however, will be determined by the FPHA under the pro­ extending 6.25 miles southwest of the § 601.3002187 Salt Lake City, Utah, radio range station. visions of section 422 of th^ Federal Tort airport traffic zone. Within a 5 mile ra­ Claims Act. § 601.3002180 Ogden, Utah, airport dius of Municipal Airport No. 1, within (2) The claim must state the name, traffic zone. Within 5 mile radius of the 2 miles either side of the centerline of age and address of the injured person; Municipal Airport (Hinckley Field), the north course of Salt Lake City, Utah, all facts relating to the alleged damage, within-2 miles either side of the center- radio range, extending to Layton Fan injury or death; including the date, line of the north course of Ogden radio Marker and within 2 miles either side place, circumstances, extent of damage range, extending to Corinne Fan Marker, of the centerline of the west course of or injury, and the parties involved; the within 2 miles either side of the center- the Salt Lake City radio range, extending sworn statements of witnesses which the line of the east course of Ogden radio .10 miles west of the radio range station. claimant desires to be considered in the range, extending to Huntsville Fan This amendment shall become effective adjudication of the claim; the amount Marker, within 2 miles either side of the 0001 e. s. t. May 13, 1947. of the claim (not exceeding $1,000) ; and centerline of the south course of Ogden whether the damage is* covered in whole radio range, extending to Layton Fan (Sec. 308, 52 Stat. 986, 54 Stat. 1233, or in part by insurance, and if so, the Marker and within 2 miles either side of 1235, 1236; 49 U. S. C. 458) name of the insurance company. the centerline of the west course Of Og­ [seal] T. P. W right, In addition to the foregoing, the claim den radio range, extending 19 miles west Administrator of Civil Aeronautics. must be supported by the following evi­ of the radio range station. dence and information: [F. R. Doc. 47-4501*; Filed, May 13, 1947; § 601.3002181 Palmdale, Calif., airport 8:45 a. m.] *(i) Property damage claims. Prop­ traffic zone. Within a 3 mile radius of erty damage claims must be supported the Palmdale Airport and withiiï 2 miles by an itemized receipted bill or bills cov­ either side of the centerline of the north­ ering the repairs or ¡replacement of the east course of Palmdale, Calif., radio TITLE 24— HOUSING CREDIT property damaged or destroyed or a no­ range, extending 10 miles northeast of tarized appraisal of the cost, strictly lim­ the radio range station. Chapter VI— Federal Public Housing ited to such items of repair or replace­ Authority ment as were made necessary by the § 601.3002182 Phoenix, Ariz., airport accident giving rise to the claim; and, if traffic zone. Within a 5 mile radius of Part 605—General P rocedural the claimant is not the owner of the the Municipal Airport (Sky Harbor) and P rovisions property, evidence establishing the within 2 miles either side of the center- Part 611—Low-R ent Housing and Slum claimant’s right to make the claim. The line of the east course of Phoenix, Ariz., Clearance Program P olicy claimant must also state the place where radio range, extending to Mesa Fan the damaged property may be inspected. Marker. miscellaneous amendments (ii) Personal injury claims. Personal § 601.3002183 Prescott, Ariz., airport 1. Part 605 (11 F. R. 177A-909) is injury claims must be supported by a traffic zone. Within a 5 mile radius of hereby amended, effective upon publica­ medical certificate showing the nature the Municipal airport (Earnest Love tion in tile F ederal R egister, by adding and extent of the injury and the treat­ Field) and within 2 miles either side § 605.3 thereto as follows: ment thereof ; receipted medical bills of th& centerline of the northwest course § 605.3 Claims cognizable under the such as doctor’s bills, hospital bills, nurs­ of Prescott, Ariz., radio range to and Federal Tort Claims Act. (a) Claims of ing bills; and a sworn statement from including the area within a 2 mile radius $1,000 or less, arising out of the negli­ the claimant’s employer establishing the of Prescott radio range station. amount of time and compensation lost gent or wrongful acts or omissions of by reason of the injury. § 601.3002184 Sacramento, Calif., air­ FPHA employees acting within., the (iii) Death claims. Death claims port traffic zone. Within a 5 mile radius scope of their employment, and which must be supported by a certified copy of of the Municipal Airport and within , 2 are otherwise cognizable under the Fed­ the death certificate, and a statement miles either side of the centerlines of eral Tort Claims Act (Public Law 601, of the basis upon which the amount of all courses of Sacramento radio range, 79th Congress), may be filed with the the claim was computed, accompanied extending 10 miles in each direction from housing manager or project engineer of by supporting evidence. the radio rqjage station. the project on which the damage, in­ jury, or death occurs, or with the par­ (3) The claimant will be notified of § 601.3002185 San Diego, Calif., air­ ticular regional office in whose region the action taken in each case. If the port traffic zone. Within a 5 mile radius the damage, injury, or death occurs, or FPHA determines that he is entitled to of the Municipal Airport (Lindbergh directly with the FPHA central office. an award he will be required to complete Field), within 2 miles either side of the Such claims must be filed within one U. S. Standard Form No. 1145, a copy centerline of the north ‘course of San of which Will be furnished him. (Secs. year of the date of occurrence of the in­ 401-424, Public Law 601, 79th Congress, Diego, Calif., radio range, extending to jury, damage, or death, or date of-en­ Oceanside Fan. Marker, within 2 miles actment of the Federal Tort Claims Act, 60 Stat. 842) either side of the centerline of the south whichever is later. Each regional office 2. Part 611 is hereby amended, effec­ course of San Diego, Calif., radio range,, and the central office has a committee tive upon publication in the F ederal ’extending to Ceronade Fan Marker and of three persons responsible for inves­ R egister, by rescinding and deleting Within 2 miles either side of the center- tigating and recommending disposition of § 611.7 (11 F. R. 177A-911) therefrom. line of the west course of San Diego radio claims of this type. Approved: May 5,1947. range, extending 10 miles west of the (1) Such claim may be filed by the radio range station. [seal] D. S. Myer, person sustaining the injury or damage Commissioner. § 601.3002186 San Francisco, Calif., in his own right; or by a person author­ airport. traffic zone. Within a 5 mile ized by law to make the claim on behalf [P. R. Doc. 47-4507; Piled, May 13, 1948; radius of the Municipal Airport (Mills of the injured person or his estate; 8:46 a. m.] , 3150 RULES AND REGULATIONS

TITLE 32-— NATIONAL DEFENSE firmed, and validated and shall remain . [3d Rev. RO 3.» Amdt. 45] . • in full force and effect« Chapter VM— Sugar Rationing Admin­ P art 707—R ationing of Sugar istration, Department of Agriculture This General Order No. 3 shall become effective May 9, 1947. • SUGAR P art 705—Administration (E. O. 9841, 12 F. R. 2645) A rationale for this amendment has [Gen. Order 3] Issued this 9th day of May 1947. - been issued simultaneously herewith and DELEGATION OF RICE F- JCE CONTROL FUNC­ has been filed with the Division of the_ Clinton P. Anderson, TIONS TO THE SUGAR RATIONING ADMINIS­ Federal Register. TRATION Secretary of Agriculure. Third Revised Ration Order 3 is [P. R. Doc. 47-4602; PUed, May 13, 1947; amended in the following respects: Pursuant to the authority conferred 10:33 a. m.] Section 11.5 is added to read as fol­ upon the Secretary of Agriculture by Ex­ lows: ecutive Order No. 9841, it is ordered: Sec. 11.5 Removal of limitations on § 705.103 Delegation of rice price con­ imported sugar-containing products on trol functions to the Sugar Rationing P art 705—Administration and after May 7,1947 (a) On and after Administration, (a) The Secretary of May 7, 1947, the foregoing provisions of Agriculture designates Leroy K. Smith [Rev. Gen. RO 5,1 Arndt. 22] Adviser to the Secretary for Rice Price this article shall not apply to imported Control. SUGAR RATIONING FOR INSTITUTIONAL USERS sugar-containing products; Provided, (b) The Secretary of Agriculture dele­ A rationale for this amendment has however, That the provisions regarding gates to Leroy K. Smith and, subject to been issued simultaneously herewith and receipt, delivery, or use of imported the direction and control of the Secretary has been filed with the Division of the sugar-containing products shall remain and Leroy K. Smith, to the Sugar Ration­ Federal Register. in full force and effect with respect to any ing Administration, authority and re­ Revised General Ration Order 5 is such acts occurring prior to May 7, 1947. sponsibility to discharge all of the func­ amended in the following respect: tions^ powers, and duties conferred upon Section 9.3 (b) is amended to read as This amendment shall become effec­ the Secretary by Executive Order No, follows: tive May 7, j 947. 9841; Provided however, That the au­ (b) All coupons to be issued to insti­ Issued this 9th day of May 1947. thority to issue rice price regulations and tutional users shall be issued in multiples C linton P. Anderson, amendments thereto, and the authority of five. If the amount to be issued is not- Secretary of Agriculture. to maintain in his own name civil pro-* ,a multiple of five, such amount shall be ceedings relating to matters within the raised to the next. multiple of five. Rationale Accompanying Amendment scope of Executive Order No. 984i dre (Thus, if the allotment for an institu­ No. 45 to Third Revised Ration Or­ expressly reserved to the Secretary of tional user who is to receive coupons is der 3 Agriculture, except as heretofore, or as f6r 56 pounds, coupons for 60 pounds may hereafter be, provided by order of shall be issued.) The limitations contained in the pres­ the Secretary of Agriculture. ent regulations with respect to imported (c) Notwithstanding the provisions of This amendment shall become effec­ sugar-containing products were estab­ General Order No. 11 and Memorandum tive May 14, 1947. lished to prevent an unreasonable diver­ No. 1190, both issued by the Secretary of Issued this 9th day of May 1947. sion of sugar into sugar-containing Agriculture, the Administrator of the Clinton P. Anderson, products as a means of evading the ra­ Sugar Rationing Administration shall, Secretary of Agriculture. tioning of crystalline and liquid sugar in with respect to matters concerning rice the United States. price control, report to the Secretary of Rationale Accompanying Amendment Agriculture through, and shall be under No. 22 to Revised General Ration The current increase in rationing the general supervision of, Leroy K Order 5 levels, reflecting the improved sugar sup­ Smith. ply situation, coupled with the improved Present regulations. At the present availability of nonrationed sugar sub­ (d) As provided in section 404 of Exec­ time one pound and ten pound sugar ra­ utive Order No. 9841, all prior and cur­ tio n coupons are issued under the sugar stitutes, has reduced this danger of an rently effective orders, rules, regulations, rationing regulations. When the allot­ unreasonable diversion of sugar into directives, and other similar instruments ment for an institutional user who is au­ sugar-containing products. In addition, relating to functions with respect to price thorized to receive ration coupons (other the licensing of imports by the Produc­ control over rice transferred to the Sec­ than for an institutional user who ap­ tion and Marketing Administration of retary of Agriculture by the provisions plies for his allotment on R-1309) is for the Department of Agriculture has also of such order or issued by any agency an amount which is not a multiple of ten, materially limited the diversion of sugar terminated under such order or by any the Regional Issuance Unit must detach by such means. predecessor or constituent agency there­ the correct number of one-pound ration of, shall remain in effect except as they In view of these improved conditions, coupons from a coupon sheet in order to and in accordance with the policy of re­ àre inconsistent with the provisions of complete the issuance for the correct such order or are hereafter amended or moving rationing controls as quickly as amount of the allotment. warranted, this amendment removes the revoked by the Secretary of Agriculture Proposed amendment. This amend­ or other proper authority. ment provides that coupons to be issued rationing limitations on imported sugar- (e) Until changed, revoked, or modi­ to institutional users shall be multiples containing products received, delivered, fied by order of the Secretary of Agricul­ of five. If the amount to be issued is not or used after May 7, 1947. The amend­ ture, or the Administrator of the Sugar a multiple of five, such amount shall be ment also continues in effect the provi­ Rationing Administration, and except raised to the next multiple of five. sions in the present regulations with re­ to the extent that they may be incon­ . Reason for amendment. The mechan­ spect to receipt, delivery, or use of im­ sistent with this General Order No. 3, all ical operation involved in the issuance of ported sugar-containing products oc­ delegations and sub-delegations of au­ coupons will be simplified and the time curring prior to May 7,1947. Thus, per­ thority and designation of functions as necessary for such operation will be re­ sons who failed to comply with the regu­ they are now described in the Office of duced by permitting Regional Issuance lations on imported sugar-containing Price Administration manual covering Units to detach five one-pound ration the organization of those portions of products delivered, received, or used prior coupons at a time instead of an odd num­ to May 7, 1947, are not relieved of their the Office of Price Administration whose ber of one-pound coupons when coupon obligation to do so. functions are transferred to the Secre­ issuances are made to institutional users. tary of Agriculture under Executive Or­ [F. R. Doc. 47-4601; Filed, May 13, 1947; [F. R. Doc. 47-4600; Filed, May 13, 1947; der No. 9841 are hereby ratified, con- 10:32 a. m.] 10:32 a. m.]

112 F. R. 2807. »11 F. R. 116. »11 F. R. 177, 14281. Wednesday, May 14, 1947 FEDERAL REGISTER 3151

TITLE 39— POSTAL SERVICE herein containing its findings of fact and shipments to their full value without conclusions thereon, which report is limitation and insuring against every Chapter I— Post Office Department hereby made a part hereof:1 peril to which any shipment may be It is ordered, that present regulations, exposed. Subchapter B— Regulations § 176.4 (49 CFR, Cum. Supp.), Accesso­ § 176.10 Estimates of charges—(a) Part 21—International P ostal S ervice rial or terminal services; tariffs provid­ ing therefor; packing and uncrating Estimates by carrier. Wherever any es­ GIFT PARCELS FOR PRISONERS OF WAR HELD charges, shall be renumbered § 176.4 (a), timate of the charges for a proposed ABROAD service shall be made or given by such and § 176.9 (49 CFR, Cum. Supp.), Ef­ carrier to a proposed shipper of house­ Paragraph (c) (2) British-held prison­ fective date of tariffs, shall be renum­ hold goods, the estimate shall be in writ­ ers of war under the country “Germany” bered § 176.4 (b), and the following rules ing and shall contain the following: (39 CFR, Part 21), as amended (12 F. R. and regulations supplementing those (1) The correct name and address of 705), is amended to read as follows: heretofore approved and prescribed in this proceeding, are prescribed to be­ the motor carrier and the name of the (2) Contents permitted are nonperish­come effective on July 15,1947, and shall authorized agent who prepared the able foodstuffs, tobacco and cigarettes, follow § 176.8 (49 CFR, Cum. Supp.): estimate. clothing, soap, mailable medical supplies, (2) A list or other indication of the and similar items for relief of human Sec. articles on which the estimate is based. 176.9 Liability of carriers. suffering. No parcel shall contain any 176.10 Estimates of charges. (3) The origin and destination of the written or printed matter of any kind. 176.11 Absorption or advancement of dock proposed movement. Any prohibited articles found in the charges. (4>- The estimated weight of the goods parcels when they are checked by the to be transported. British authorities will be liable to be Authority: §§176.9 to 176.11, inclusive, (5) The applicable rate. confiscated. issued under 49 Stat. 547, 558, 560; 49 if. S. C. . (6) An itemized statement of all ac­ 304 (c), 316 (e), 317 (a). cessorial services and charges. (R. S. 161, 396, Sec. 304, 309, 42 Stat. 24, § 176.9 Liability of carriers—(a) Lia­ (7) An estimate of the transporta­ 25; 5 U. S. C. 22, 369) bility restricted. Common carriers by tion tax. [seal] J. M. D onaldson, motor vehicle of household goods shall (8) An estimate of the total charges, Acting Postmaster General. not assume any liability in' excess of that including the transportation tax. , [P. R. Doc. 47-4502; Piled, May 13, 1947; for which they are legally liable under (9) A printed statement on the face 8:45 a. m.] their lawful bills of lading and published thereof, in a prominent position, in not tariffs. less than eight point bold or full face (b) Insurance policy. Each such com­ type, the following: TITLE 49— TRANSPORTATION mon carrier which sells, offers, or pro­ Important notice. The actual charges cures cargo insurance to or for a shipper which will be Collected generally cannot be AND RAILROADS of household goods shall deliver to. the determined .until after the property is Chapter I— Interstate Commerce shipper at or prior to the time of ship­ loaded on, a van and weighed. ment a policy or certificate of insurance The estimate covers on)y the articles and Commission which shall show clearly the‘name and services indicated. If additional articles Subchapter B— Carriers by Motor Vehicle address of the insurance company, the are to be shipped or additional services re­ amount of insurance, the premium there- quired, a supplemental estimate may be [Ex Parte No. MC-19] obtained. fQr, and the risks insured against, or the The estimate of the charges herein made Part 176—T ransportation of Household risks excluded, whichever is morff ap­ is not a warranty or guaranty that the Goods in I nterstate or F oreign Com­ propriate. actual charges will not exceed the amount merce , (c) Advertisement of insurance. Such estimated. common carriers or any employee, Carriers are required by law to collect PRACTICES OF MOTOR COMMON CARRIERS OF agent, or representative thereof shall not transportation, packing, and other incidental HOUSEHOLD GOODS charges computed on rates shown in their advertise or represent to the public that lawfully published tariffs regardless of any At a session of the Interstate Corii- insurance is provided against all risks rate quotation or weight estimate made by merce Commission, Division 5, held at its unless such insurance in fact affords pro­ the carrier. office in Washington, D. C., on the 25th tection to the shipper from every peril day of April A. D. 1947. to which the shipment may be exposed. (b) Estimate form for shipper’s use. It appearing, that by order of July 17, When all except certain risks are insured Carriers may furnish to shippers or 1939, in this proceeding, rules and regu- against, this fact shall be indicated in prospective shippers an estimate form lationis governing the practices of motor any advertisement of and in any repre­ which may contain statements of the common carriers engaged in the trans­ sentations to shippers regarding the in­ weights of average pieces of furniture portation of household goods^in inter­ surance, and such advertising and repre­ and other household articles of various state or foreign commerce (49 CFR, Cum. sentations' shall not be such as to de­ types, for use by the shipper in making Supp., Part 176), were approved and ceive or mislead the public or any shipper his own estimate of the total weight of prescribed; regarding the scope of the exceptions. his goods. Any instructions necessary to It further appearing, that by order of Policies providing coverage against enable the shipper to use the estimate March 20, 1943, said proceeding was re­ specific perils only shall be advertised, form shall be printed in the form. If opened for further hearing with respect represented, and designated as “limited- cubic foot measurements are used in ar­ to the practices of motor common car­ risk policies”, or by some other appro­ riving at the weight, the form shall state riers of household goods of (1) insuring priate designation which will indicate that a weight factor of seven pounds or undertaking to insure or procure in­ clearly to the shipper that not all risks per cubic foot shall be used. surance on shipments, (2) giving esti­ are covered thereby. (c) Weight of shipment, notification mates of costs of transportation and (d) Filing tariffs and evidence of in­ to shipper. After the shipment has been accessorial services, and (3) collecting surance prerequisite to advertising that weighed, the carrier if requested by the dock charges, and certain proposed rules “all loads are insured.” Such carriers, or shipper, shall immediately notify the any employee, agent, or representative shipper of the weight thereof and the to govern such practices, including a charges, by telephone or telegraph if re­ modification of § 176.7 (Motor Carriers thereof, shall not advertise or represent to the public that “all loads are insured” quested. The notice shall be at the car­ Household Goods rule 7); or other similar wording unless such car­ rier’s expense unless the carrier provides And it further appearing, that such rier has filed tariffs with this Commission in its tariff that the actual cost of such further hearing has been held, that full assuming complete liability and has filed notice shall be collected from the consideration of the matters and things evidence of insurance with this Commis­ shipper. involved has been given, and that on the sion providing protection covering all (d) Reweighing. The carrier shall, date hereof, the said division has made upon request made by the shipper before and filed a report on further hearing 1 Filed as part of the original document. delivery and when practicable to do so, No. 95----- 3 ’3152 RULES AND REGULATIONS reweigh the shipment.. A reasonable 8 176.11 Absorption or advancement the warehouseman and deliver it to the charge may be established for reweigh­ of dock charges. Motor common carriers shipper or the person designated by the ing only when the difference between of household goods shall not absorb any shipper at the time the advanced charges the two net scale weights does not ex­ dock or other charge made by any ware­ are paid.; ceed (1) 100 pounds on shipments houseman, nor shall any such carrier weighing 5,000 pounds or less, and (2) advance any such charge for the account By the Commission, Division 5. 2 percent of the lower net scale weight of any shipper, owner, or other person, [seal] W. P. B artel* on shipments weighing more than 5,000 except upon the authorization of such Secretary. pounds. The lower of the two net scale person. Whenever such charges are ad­ weights shall be used for determining the vanced on behalf of thè shipper, the car­ [F. R. Doc. 47-4514; Filed, May 13, 1947; applicable charges. rier shall obtain a receipt therefor from 8:45 a. m.]

NOTICES

. TREASURY DEPARTMENT for nested lifeboats, 70-person capacity, DEPARTMENT OF AGRICULTURE Construction and Arrangement Dwg. No. United States Coast Guard 3137, dated Oct. 16,1946 and revised Mar. Production and Marketing 26, 1947, submitted by the Welin Davit Administration [CGFR 47-27] and boat Division of the Robinson Foun­ dation, Inc., Perth Amboy, N. J. New Mexico Livestock Exchange S tock- Approval of Equipment yards, Albuquerque, N. Mex. Dated: May 8, 1947. By virtue of the authority vested in me notice relative to posted stockyards by R. S. 4405, 4417a, 4418, 4426, 4470, [seal] J. F. F arley, Admiral, U. S. Coast Guard, It has been* ascertained that the New 4481,4488, and 4491, as amended, 49 Btat. Commandant. Mexico Livestock Exchange Stockyards, 1544, 54 Stat. 1028, sec. 5 (e), 55 Stat. 244 at Albuquerque, New Mexico, originally (46 U. S. C. 367, 375, 391a, 392, 404, 463, [F. R. Doc. 47-4525; Filed, May 13, 1947; posted as the New Mexico Livestock Ex­ 463a, 474, 481, 489, 50 U. S. C. 1275), and 8:46 a. m.] change Company, Inc., on May 3, 1940, sec. 101, Reorganization Plan No. 3 of 1946 as being subject to the Packers and (11 F. R. 7875), the following approvals Stockyards Act, 1921, as amended, no of equipment are prescribed effective DEPARTMENT OF THE INTERIOR longer comes within the definition of a upon date of publication of this docu­ stockyard 'under the act. Therefore, ment in the F ederal R egister: Bureau of Land Management notice of such fact is given to the owner of such stockyard and to the public by FIRE INDICATING AND ALARM SYSTEM [Circular i646a] filing notice with the Division of the Fed­ Fire alarm annunciator, automatic, eral Register. Alaska supervised; Dwg. No. 55-100, Sheets 1, <2, Note: Notice of proposed rule-making and 3, Alt. 3, Dwg. No. 55-103, Alt. 5, POSTPONEMENT OF DATE FOR SALE OF LOTS has not preceded the promulgation of the Elementary system wiring diagram, Dwg. IN EAST ADDITION TO KODIAK TOWN SITE foregoing order since it is found that so do­ No. 55-104, Alt. 1, Relay, Dwg. No. 55-105, ing would prevent the due and timely ad* Alt. 0, Drop, Dwg. No. 55-106, Alt. 0, The time for the sale of lots in the ministration of the Packers and Stockyards East Addition to Kodiak Town Site, Act and would, therefore, be impracticable. Zone panel assembly, Dwg. No. 55-107, There is no legal warrant or justification for • Alt. 0, Control and test panel assembly, Alaska, fixed by paragraph 3 of Circular not "deposting promptly a stockyard which Dwg. No. A-6569, Alt. 0, Power' failure No. 1646 of April 11,1947 (12 F. R. 2775), no longer comes within the definition of a alarm relay, Dwg. No. 55-101, Alt. 0, Fire to begin on May 26, 1947, at 10 a. m., is stockyard contained in the Packers and alarm station, manual, Dwg. No. 55-102, hereby postponed to commence on June Stockyards Act, Alt. 0,. Fire alarm station, test, Dwg. No. 18,1947, at 10 a. m. 55-109, Alt. 0, Fire alarm system battery The foregoing rule is in the nature of charging panel; manufactured by Hen- F red W. J ohnson, a rule granting an exemption or relieving schel Corp., Amesbury, Mass. Director. a restriction and, therefore, is made ef­ Approved: May 2, 1947. fective immediately. FIRE EXTINGUISHING APPARATUS (7 U. S. C. 181, et seq.) Warner W. Gardner, Kidde 35-pound carbon dioxide hose Assistant Secretary of the Interior. Done at Washington, D. C., this 7th rack semiportable fire extinguisher, In­ day of May 1947. stallation Dwg. No. L-82835, dated July [F. R. Doc. 47-4508; Filed, May 13, 1947; 9, 1946, manufactured by Walter Kidde 8:46 a. m.] [seal] H. E. R eed, & Co., 675 Main S t, Belleville, N. J. y Director, Livestock Branch. [F. R. Doc. 47-4545; Filed, May 13, 1947; LIFEBOATS 8:46 a. m.] 30' x 10.' x 4.13' Aluminum hand-pro­ [Mise. 2124454] pelled lifeboat, 83-person capacity, Con­ struction and Arrangement Dwg. No. Arizona "fe d e r a l p o w e r c o m m is s io n 3125, dated Aug. 6,1946 and revised Mar. ORDER PROVIDING FOR OPENING OF PUBLIC [Docket Nos. G-796, G-889]. 10, 1947, submitted by the Welin Davit LANDS - and Boat Division of the Robinson Southern Natural Gas Co. and East Foundation, Inc., Perth Amboy, N. J. Correction T ennessee Natural Gas Co. 30' x 10' x 4.13' Aluminum motor-pro­ pelled lifeboat with radio cabin, 75-per­ In Federal Register Document 47-3952, ORDER CONSOLIDATING PROCEEDINGS AND son capacity, Construction and Arrange­ appearing on page 2750 of the issuë for ♦ FIXING DATE OF HEARING ment Dwg. No. 3124, dated Aug. 15, 1946 Saturday, April 26, -1947, the land de­ Upon consideration of the following and revised Mar. 10, 1947, subniitted by scription at the end of the document applications filed with the Federal Power Welin Davit and Boat Division of the should read as follows: Commission: ¿_\ Robinson Foundation, Inc., Perth Am­ (i) Application filed on October 7,1946, boy, N. J. Gila and Salt River Meridian as amended on March 18, 1947, and May 30' x 9.67' x 4.17' Aluminum hand- T. 5 N., R. 2 W., 1,1947, in Docket No. G-796 by Southern ~ propelled lifeboat with pivoted thwarts Sec 23, W&8EÎ4 and Natural Gas Company for a certificate of Wednesday, May 14, 1947 FEDERAL REGISTER 3153 public convenience and necessity pur­ Georgia, at or near the Georgia-Tennessee company’s compressor station No. 10, in suant to section 7 of the Natural Gas Act, state line near Chattanooga. A new com­ an easterly or slightly southeasterly di­ pressor station of 1,600 H. P. is to be in­ rection to a point near Chickamauga as amended, authorizing it to construct stalled at the end of the 12%-inch sections and operate the following-described pipe­ of the Cedartown-Calhoun branch line, near Dam in the immediate vicinity of Chatta­ line facilities subject to the jurisdiction Rockmart, Georgia, together with a meter nooga, Tennessee. Of the Federal Power Commission: station and dwelling houses at said point of (b) Approximately 112.4 miles of 12%- A. 1947 construction program—-(1) delivery and appurtenant facilities. In the inch O. D. transmission pipeline extend­ Main line compressor station additions. event Applicant makes contracts for delivery ing from the point last mentioned in of gas for distribution in Rossville, Dalton paragraph (ii) . (a) above in a north­ (a) 2,000 hp. in two units at the Louisville and other communities along the route of easterly direction to a point southeast of station. the Chattanooga extension, such facilities * (b) 2,000 hp. in two units at the Reform will also include lateral lines and measuring Knoxville, Tennessee, and in the immedi­ station. facilities, or such portions thereof as Appli­ ate vicinity of the corporate limits of (c) 2,000 hp. in two units at the Tarrant cant may agree to construct, of appropriate that city. station. sizes to supply such communities. (c) Approximately 32.4 miles of 6-inch •(d) 2,000 hp. in two units at the DeAr- (b) An extension to Lexington, Missis­ O. D. pipeline, 143.1 miles of 4-inch O. D. manville station. sippi. This will comprise approximately 11 pipeline, and 70.9 miles of 3Mi-inch O. D. Total, 8,000 hp. miles of 4%-inch line extending from a point pipeline, all of which will serve as lateral (2) Main line loop lines. north of Goodman, Mississippi, on the Good- lines and will extend from the pipelines man-Durant branch line in Holmes County, (a) 3.5 miles of 20-inch line between Re­ Mississippi, to the town of Lexington, Mis­ described in paragraphs (ii) (a) and (b) form and Tarrant compressor stations. sissippi, together with a metey station and above. (b) 1.5 miles of 22-inch .line between the appurtenant facilities. It appears to the Commission that: Reform and Tarrant compressor stations. (c) An extension to various cities and. Good cause exists for consolidating the (c) 11.0 miles of 22-inch line extending towns in North Alabama, including Athens, proceedings in Docket Nos. G-796 and eastward from the Tarrant station Decatur, Florence, Hartselle, Huntsville, G-889 for the purpose of hearing. (d) 2.5 miles of 20-inch line between the Sheffield and Tuscumbia. This extension The Commission, therefore, orders DeArmanville station and Atlanta will comprise. approximately 97 miles of Total main line loops, 18.5 miles. 10%-inch. line commencing at a point on that: Applicant’s main line east of its Reform (A) The proceedings in Docket Nos. (3) Branch line loop lines. compressor station and extending northward G-796 and G-889 be and the same are (a) Meridian (Mississippi) branch line—0 to Sheffield, and lateral lines comprising ap­ hereby consolidated for the purpose of miles of 6% -inch loop line proximately 39 miles of 8%-inch line, 23 hearing. (b) Columbus-We6t Point (Mississippi) miles of 6% -inch line and 28 miles of 4 y2- (B) Pursuant to the authority con­ branch line—6.5 miles of 6%-inch loop line. Inch line extending to the other cities men­ tained in and subject to the jurisdiction tioned above. This project also includes the conferred upon the Federal Power Com­ B. 1947-48 construction program—(1) installation of 1,000 h. p. of additional oom- Main line compressor station additions. pressing facilities at Applicant’s Reform mission by sections 7 and 15 of the Na­ tural Gas Act, as amended, and the Com­ (a) 10,000 hp. in ten units, at a new sta­ compressor station, a river crossing consist­ tion (Station A) to be located approximately ing of two 6% -inch lines across the Ten­ mission’s rules of practice and proce­ midway between present Pickens and Louis­ nessee River, meter stations at various dure (effective September 11, 1946), a points of delivery and appurtenant facilities. hearing be held commencing on the 26th ville stations' In the event Applicant makes contracts (b) 10,000 hp. in ten units, at a new sta­ for the delivery of gas for distribution in day of May, 1947, at 10:00 a. m., in tion (Station B) to be located approximately Grand Jury Room, No. 355, Post Office midway between the present Louisville and other communities along the route of this Reform stations extension, the facilities will also include and Court House Building, Chattanooga, lateral lines and measuring facilities, of such Tennessee, concerning the matters in­ (c) 8,000 hp. in eight units, at a new sta­ portions thereof as Applicant may agree to tion (Station C) to be located approximately construct, of appropriate sizes to supply volved and the issues presented by the midway between the present Reform and such communities. Such communities in­ applications and the amendments there­ Tarrant stations clude Fayette, Winfield, Hamilton, Haley- (d) 6,000 hp. in six units, at a new station to, and other pleadings in these proceed­ ville, Russellville, Town Creek, Leighton, ings. (Station D) to be located approximately Courtland, Wheeler, Hillsboro and Trinity. midway between the present Tarrant and De­ (d) An extension to White Plains, Ala­ (C) Prior to the date herein fixed for Armanville stations bama. This extension will comprise ap­ the commencement of*the public hearing (e) 3,000 hp. in three units, at a new sta­ proximately 7.5 miles of 4%-inch line com­ with respect to the applications of tion (Station E) to be located approximately mencing at a point 6n Applicant’s main Southern Natural Gas Company and thirty-two miles East of the present De­ line east of its DeArmanville compressor Armanville station. station and extending northward to . a point East Tennessee Natural Gas Company, (2) Main line loop lines. in Calhoun County known as White Plains, the officer designated by the Commission where said line will connect with lines ex­ to preside at the public hearing shall (a) 5.0 miles of 20-inch line between new tending to the towns of Jacksonville and hold a prehearing conference of all par­ Station A and the Louisville station Piedmont, Alabama (which latter lines will (b) 3.5 miles of 20-inch line between new be constructed and owned by the respective ties participating in the proceedings con- Station B and the Reform station towns), together with a meter station and cerning'the matters of fact and law as­ (c) 5.5 miles of 20-inch line between new appurtenant facilities. serted in the applications, as amended, Station E and Atlanta (e) A connection at Tallassee, Alabama. and other pleadings filed in the proceed­ Total miles 14.0. This will consist of a tap and meter station at a point , on Applicant’s Montgomery- ings for the purpose of settling, simplify­ (3) Branch line compressor station. Columbus branch line in the town of Tallas­ ing or limiting the issues and further 2,000 hp. in two units at a new station see, Alabama. apprising the parties of the formulated (McConnell’s Station) to be located at the (ii) Application filed on April 17,1947, or stipulated issues upon which evidence point where the Montgomery-Columbus must be adduced at the public hearing. branch line takes off from the main line. in Docket No. G-889, by East Tennessee Natural Gas Company for a certificate of- (D) Interested State commissions (4) Gadsden branch line loop. public convenience and necessity pursu­ may participate as provided by Rules 8 83 miles of 12%-inch pipe parallel to the ant to section 7 of the Natural Gas Act, and 37 (f) (18 C. F. R. 1.8 and 1.37 (f)) present branch line. as amended, authorizing it to construct of the Commission’s rules of practice and (5) Facilities to extend Applicant’s apd operate the following-described fa­ procedure (effective September 11,1946), system to new markets. cilities subject to the jurisdiction of the Federal Power Commission: Date of issuance: May 8, 1947. (a) An extension to Chattanooga, Ten­ (a) Approximately 186.5 miles of 16- By the Commission. nessee. This will comprise approximately 44 miles of 8%-inch line extending from a point inch O. D. transmission pipeline extend­ Eseal] Leon M. F uquay, on Applicant’s Cedartown-Calhoun, Georgia, ing from a point of take-off from the line Secretary. - branch line (at the end of th e'6%-inch sec­ of Tennessee Gas & Transmission Com­ tion of said line in Gordon County, Georgia) pany at a point of interconnection ap­ [F. R. Doc. 47-4520; Filed, May 13, 1947; to a point of delivery in Catoosa County, proximately 5 miles northeast of that 8:46 a. m.] 3154 NOTICES

[Docket No. 0-799] INTERSTATE COMMERCE [S. O. 731] Manufacturers Light and Heat Co. Unloading of Caustic Soda at New COMMISSION Orleans, La. NOTICE OF FINDINGS AND ORDER ISSUING CERTIFICATE OF PUBLIC CONVENIENCE AND [S. O. 730] At a session of the Interstate Com­ NECESSITY merce Commission, Division 3, held at U nloading of Coal at Shamokin, P a. May 9, 1947. its office in Washington, D. C., on the Notice is hereby given that, on May 9, At a session of the Interstate Com­ 8th day of May A. D. 1947. 1947, the Federal Power Commission is­ merce Commission, Division 3, held at its It appearing, that two cars containing sued its findings and order entered May office in Washington, D. C., on the 8th caustic soda at New Orleans, La., on the 6, 1947, issuing certificate of public con­ day of May A. D. 1947.: Louisiana & Arkansas Railway Company, venience and necessity in the above- It appearing, that two cars containing have been on hand for an unreasonable designated matter, buckwheat coal at Shamokin, Pennsyl­ length of time and that the delay in un­ vania, on the Reading Company, have loading said cars is impeding their use, [seal] Leon M. F uquay, in the opinion of the Commission an Secretary. been on hand for an unreasonable length of time and that the delay in unloading emergency exists requiring immediate [F.'R. Doc. 47-4521; Filed, May 13, 1947; said cars is impeding their use; in the action: it is ordered, that: 8:46 a. m.] opinion of the Commission an emer­ (a) Caustic soda at New Orleans, La., gency exists requiring immediate action: be unloaded. The Louisiana & Arkansas it fs ordered, that: Railway Company, its agents or employ­ [Docket Nos. G-806, G-325] ees shall unload immediately cars ATSF (a) Coal at Shamokin, Pa., be un­ 121970 and PLE 30800, containing caustic K ansas-N ebraska Natural Gas Co., Inc. loaded. The Reading Company, its soda, on hand at New Orleans, La., con­ and T ri-County Gas Co. agents or employees, shall unload imme­ signed to shippers order, notify H. S. diately cars Rdg 89414 and Rdg 73054, NOTICE OF FINDINGS AND ORDER ISSUING Dorf Company. CERTIFICATE OF PUBLIC'CONVENIENCE AND containing buckwheat coal, on hand at (b) Demurrage, No common carrier NECESSITY AND DISMISSING APPLICATION Shamokin, Pennsylvania, account Lower by railroad subject to the Interstate' Region Coal Company. Commerce Act shall charge o f demand May 9, 1947. Cb) Demurrage. No common carrier or collect or receive any demurrage or Notice is hereby given that, on May 9, by railroad subject to the Interstate storage charges, for the detention under 1947, the Federal Power Commission is­ Commerce Act shall charge or demand load of any car specified in paragraph sued its findings and order entered May or collect or receive any demurrage or (a) of this order for the detention period 6, 1947, issuing certificate of public con­ Btorage charges, for the detention under commencing at 7:00 a. m., May 10, venience and necessity and dismissing 1947, and continuing until the actual un­ application in the above-designated load of any car specified in paragraph (a) of this order, for the detention period loading of said car is completed. matters^ (c) Provisions suspended. The opera­ commencing at 7:00 a. m., May 10, tion of any or all rules, regulations, or [seal] Leon M. F uquay, 1947, and continuing until the actual Secretary. practices, insofar as they conflict with unloading of said sar or cars is com­ the provisions of this order, is hereby [F. R. Doc. 47-4624; Filed, May 13, 1947; pleted. suspended. 8:46 a. m.] (c) Provisions suspended.' The oper­ (d) Notice and expiration. Said ation of any or all rules, regulations, or carrier shall notify V. C. Clinger, Direc­ practices, insofar as they conflict with tor, Bureau of Service, Interstate Com­ [Docket No. G-843] the provisions of this order, is hereby merce Commission, Washington, D. C., Interstate Natural Gas Co., Inc. suspended. when it has completed the unloading (d) Notice and expiration. Said car­ required by paragraph (a) hereof, and NOTICE OF FINDINGS AND ORDER ISSUING such notice shall specify when, where, CERTIFICATE OF PUBLIC CONVENIENCE AND rier shall notify V. C. Clinger, Director, Bureau of Service, Interstate Commerce and by whom such unloading was per­ NECESSITY * formed. Upon receipt of that notice this May 9, 1947. Commission, Washington, D. C„ when it order shall expire. has completed the unloading required by Notice is hereby given that, on May 9, It is further ordered, that this order 1947, the Federal Power Commission paragraph (a) hereof, and such notice shall become effective immediately; issued its findings and order entered shall specify when, where, and by whom that a copy of this order and direction May 6, 1947, issuing certificate of public such unloading was performed. Upon be served upon the Association of Amer­ convenience and necessity in the above- receipt of that notice this order shall ican Railroads, Car Service Division, as designated matter. expire. agent of the railroads subscribing to the It is further ordered, that this order car service and per diem agreement un­ [ seal ] Leon M. F uquay, shall become effective immediately; that der the terms of that agreement; and Secretary. a copy of this order and direction be that notice of this order be given to the [F. R. Doc. 47-4523; Filed, May 13, 1947; served upon the Association of American general public by depositing a copy in 8:46 a. m.] the office of the Secretary of the Com- . Railroads, Car Service Division, as agent mission at Washington, D. C., and by of the railroads subscribing to the car filing it with the Director, Division of [Docket No. G-849] service and per diem agreement under the Federal Register. the terms of that agreement; and that United Fuel Gas Co. notice of this order be given to the gen­ (40 Stat. 101, sec. 402, 41 Stat. 476, sec. 4, 54 Stat. 901, 911; 49 U. S. C. 1 (10)-(17), NOTICE OF FINDINGS AND ORDER ISSUING eral public by depositing a copy in the 15 (2)) CERTIFICATE OF PUBLIC CONVENIENCE AND office of the Secretary of the Commis­ NECESSITY sion, at Washington, D. C., and by filing By the Commission, Division 3. May 9, 1947. it with the Director, Division of the Fed­ [seal] W. P. B artel, Notice is hereby given that, on May 9, eral Register. Secretary. 1947, the Federal Power Commission issued its findings and order entered May (40 Stat. 101, sec. 402, 41 Stat. 476,-seo. [F. R. Doc. 47-4512; Filed, May 13, 1947; 6, 1947, issuing certificate of public con­ 4, 54 Stat. 901, 911; 49 U. S. C. 1 (10)- 8:45 a. m.] venience and necessity in the above- (17), 15 (2)) designated matter. By the Commission, Division 3. [S. O. 732] . - [seal] Leon F uquay, seal artel M. [ ] W. P. B , U nloading of Machinery at New Secretary. Secretary. Orleans, La. [F. R. Doc. 47-4522; Filed, May 13, 1947; [F. R. Doc. 47-4511; Filed, May 18, 1947J At a, session of the Interstate Com­ 8:46 a. m.] 8:45 a. m.] merce Commission, Division 3, held at its Wednesday, May 14, 1947 FEDERAL REGISTER 3155 office in Washington, D. C., on the 8th Bond and Share Company and its sub­ On the basis of said findings and opin­ day of May A. D. 1947. sidiary companies, respondents, File No. ion It is ordered, Pursuant to Rule U-23 It appearing, that two cars containing 59-3; Electric Bond and Share Company, and the applicable provisions of the Pub­ machinery at New Orleans, Louisiana, on American Power & light Company, Na­ lic Utility Holding Company Act of 1935 the Louisville and Nashville Railroad tional Power & Light Company and Elec­ that the said application and declara­ Company, have been on hand for an un­ tric Power & Light Corporation, et al., tion be, and the same hereby are, granted reasonable length of time, and that the respondents, File No. 59-12. and permitted to become effective forth­ delay in unloading said cars is impeding At a regular session of the Securities with subject to the terms and conditions their use; in the opinion of the Commis­ and Exchange Commission, held at its prescribed in Rule U-24 and subject to sion an emergency exists requiring im­ office in the City of Philadelphia, Pa., on the further condition that the proposed mediate action, it is ordered that: the 6th day of May A. D. 1947. sale of Carolina common stock shall not (a) Machinery at New Orleans, Louis­ Electric Bond and Share Company be consummated until the results of com­ iana, be unloaded. The Louisville and (“Bond and Share”), a registered hold­ petitive bidding shall have been made a Nashville Railroad Company, its agents ing company, having filed with this Com­ matter of record in this proceeding and or employees, shall unload immediately mission, pursuant to sections 9, 10 and a further order shall have been entered cars MILW 13324 and C&NW 42597, 12 (d) of the Public Utility Holding by this Commission in the light of the loaded with machinery, now on hand at Company Act of 1935 and Rules U-44 and record so completed, which order may New Orleans, Louisiana, consigned to U-50 of the rules and regulations promul­ contain such further terms and condi­ American Commercial Transports Com­ gated thereunder, a supplemental appli­ tions as may then be deemed appro­ pany, % H. P. Lambert Company, New cation and declaration designated as priate; Orleans, Louisiana. Amendment No. 5 to its Plan II-A; and It is further ordered, That jurisdiction (b) Demurrage. No common carrier Bond and Share having proposed in be, and hereby is, reserved over the pay-, by railroad subject to the Interstate said application and declaration to sell ment of kll fees and expenses in con­ Commerce Act shall charge or demand at competitive bidding, in the manner nection with the proposed transactions, or collect or receive any demurrage or hereinafter provided, 423,408 shares of including the fees and expenses of coun­ storage charges, for the detention under common stock of Carolina Power & Light /- sel for the successful bidder; load of any car specified in paragraph Company ("Carolina”), plus not exceed­ It is further ordered, That any trans­ (a) of this order, for the detention period ing 25,000 shares of such stock which fer, pursuant to any sale by Bond and commencing at 7:00 a. m., May 10, 1947, Bond and Share may acquire for the Share, of any shares of the common stock and continuing until the actual unload­ purpose of stabilising the market as of Carolina (not exceeding 25,000 shares) ing of said car is completed. hereinafter described; which may be purchased by Bond and (c) Provisions suspended. The oper­ Bond and Share having further pro­ Share in the course of the above-men­ ation of any or all rules, regulations, or posed in said application and declara­ tioned stabilizing operations is necessary practices, insofar as they conflict with tion that, as an optional alternative to and appropriate to effectuate the provi­ the provisions of this order, is hereby the usual procedure under Rule U-50, sions of section 11 (b) of the Public Util­ suspended. the company will invite sealed, written ity Holding Company Act of 1935; (d) Notice and expiration. Said car­ proposals for the underwriting of such It is further ordered, That Samuel rier shall notify V. C. Clinger, Director, shares by'publishing a notice requesting Okin’s request for a hearing with respect Bureau of Service, Interstate Commerce that any persons interested in such un­ to said application and declaration be Commission, Washington, D7 C., when it derwriting advise Bond and Share to and hereby is denied. has completed the unloading required that effect in writing oh or before a By the Commission. by paragraph (a) hereof, and such no­ specified date (which shall not be earlier tice shall specify when, where, and by than the fourth day after the publica­ [seal] Orval L. D uBois, whom such unloading was performed. tion of the notice), and on or after such Secretary. Upon receipt of that notice this order specified date the company by telegram [F. R. Doc. 47-4504; Filed, May 13, 1947; shall expire. will notify all persons who have so signi­ 8:46 a. m.] It is further ordered, that this order fied their interest that sealed bids should shall become effective immediately; that be presented at a designated time and a copy of this order and direction be place, the designated time to be not less served upon the Association of American than 48 hours (exclusive of Sundays and [File Nos. 70-1494, 70-1495] Railroads, Car Service Division, as agent holidays) after the sending by Bond and of the railroads subscribing to the car Share of such telegraphic notice; S tandard Gas and Electric Co. and Cali­ service and per diem agreement under Bond and Share having also requested fornia Oregon P ower Co. the terms of that agreement; and that permission in said application and dec­ ORDER GRANTING APPLICATIONS AND PERMIT­ notice of this order be giver to the gen­ laration to purchase not in excess of TING DECLARATIONS TO BECOME EFFECTIVE eral public by depositing a »copy in the 25,000 shares of the common stock of office of the Secretary of the Commis­ Carolina on the New York Stock Ex­ At a regular session of the Securities sion, at Washington, D. C., and by filing change for the purpose of stabilizing the and Exchange Commission held at its it with the Director, Division of the Fed­ price of such stock from the time that office in the City of Philadelphia, Pa., on eral Register. the company sends the above described the 8th day of May 1947. telegraphic notice to the prospective un­ Standard Gas and Electric Company (40 Stat. 101, sec. 402, 41 Stat. 476, sec. derwriters until the time bids are opened, ("Standard Gas”), a registered holding 4; 54 Stat. 901, 911; 49 U. S. C. 1 (10)- any such purchases to be made at a price company, having filed an application and (17), 15 (21) (exclusive of commissions) not in excess declaration and amendments, ¿hereto By the Commission, Division 3. of the last preceding sale price of Caro­ pursuant to the Public Utility Holding lina common stock on such exchange; Company Act of 1935 ("act”) and The [seal] v W. P. Bartel, Bond and Share having further re­ California Oregon Power Company Secretary. quested that the Commission’s order (“Copco”), a public utility subsidiary of [F. R. Doc. 47-4513; Piled, May 13, 1947; contain findings and recitations con­ Standard Gas having filed an applica­ 8:45 a. m.] forming to the provisions and require­ tion and declaration and amendment ments of section 1808 (f) of the Internal thereto pursuant to the act (in which Revenue Code, as amended; - applications and declarations, as filed or SECURITIES AND EXCHANGE The Commission having' issued a no­ amended, sections 11 (b), 12 (a), 12 (d), COMMISSION tice pursuant to Rule U-23 with respect 6 (b) and 9 (a) of the act and rules U-23, to said application and declaration; and U-24, U-42, U-44 and U-50 are desig­ [Pile Nos. 54-127, 59-3, 59-12] Samuel Okin, a common stockholder nated as applicable) , with respect to the Electric B ond and S hare Co. et al. of Bond and Share, having requested a following transactions: hearing with respect to said application Copco proposes to issue and sell at ORDER GRANTING APPLICATION AND PERMIT­ and declaration, and the Commission competitive bidding pursuant to the re­ TING DECLARATION TO BECOME EFFECTIVE having heard oral argument and having quirements of Rule U-50 promulgated In the matter of Electric Bond and this day issued its findings and opinion under the act, 60,000 shares of —% Share Company, File No. 54-127; Electric herein; Cumulative Preferred Stock, par value 3156 NOTICES

$100 per share (“New Preferred Stock”). Copco proposes to charge the total of amended, having been duly given by the The annual dividend rate of the New (a) the amount of capital stock discount Commission on April 3,1947, in the iorm Preferred Stock .(to be a multiple of 1/10 and expense relating to the Old Pre­ and manner prescribed by Rule U-23 of 1% of the par value) and the price ferred Stock ^o be redeemed, (b) the re­ promulgated pursuant to "said act, and per share to be received by Copco (to be demption premiums on such stock, and the Commission not having received a not more than $102.75 per share and not (c) the expense of the redemption of request for hearing with respect to said less than $100 per share) will be de­ such stock, as follows; $286,300 of these applications and declarations, as filed or termined by the competitive bidding. items to the capital surplus created by amended, within the period specified*in Copco also proposes • to issue and sell the donation by Standard Gas of shares said notice or otherwise, and not having 18.000 shares of Common Stock, par value of Old Preferred Stock (assuming the ordered a hearing thereon; and $20 per share, at competitive ^ bidding number of such donated shares will be It appearing that the amendments pursuant to the requirements of Rule 3,000), and. the balance of the total of filed May 2, 1947 include certain trans­ U-50. The proceeds of the sale of the these items, being approximately $339,- actions with respect to which the Com­ 60.000 shares of New Preferred Stock and 592, to earned surplus. Copco further mission has deemed it appropriate that of the 18,000 shares of Common Stock proposes to charge to earned surplus the further public notice be given so that will be used by Copco (1) for the redemp­ following items: (I) Duplicate dividends interested persons may have an oppor­ tion at $110 per share of its outstanding of $42,761 to be incurred in connection tunity to request a hearing with respect 45,761 shares of Six Per Cent Preferred with thè redemption of its Old Preferred to such transactions, and that accord­ Stock, Series of 1927 (“Old Preferred Stock; and (2) the unamortized balance ingly such a public notice has been given Stock”), reduced by such number of of $561,442, as of May 1, 1947, of its un­ by separate notice of filing issued this shares of Old Preferred Stock as shall amortized debt discount and expense, day (Holding Company Act Release No. have been acquired and donated to Copco presently carried in i$s accounts in re­ 7388), to which reference is hereby made', by Standard Gas (as more particularly spect of redemption premium and ex­ which notice relates to the acquisition in hereinafter set forth), and (2) for re­ pense applicable to its first mortgage the open market by Standard Gas of imbursement of its treasury in part for bonds redeemed in 1944. approximately 3,000 shares of Old Pre­ expenditures heretofore made and to be Both Standard Gas and Copco have ferred Stock of Copco, the contribution made for additions and betterments to requested that the ten-day notice for in­ of such shares by Standard Gas to Copco, its properties; • viting bids as provided for by subsection and certain accounting treatment relat­ Standard Gas proposes to sell 390,000 (b) of Rule U-50 be shortened to six days ing thereto; and shares of Common stock of Copco, par so as to minimize» the possibility of a The Commission finding with respect value of $20 per share, pursuant to the postponement of the opening of bids due to said applications and declarations, as requirements of Rule U-50v such sale to to a change of market conditions be­ amended, (except as to those transac­ be made coincidentally with the sale by tween the time the day of opening of tions heretofore referred to and more Copco of 18,000 shares of its Common bids is designated and such d$y. In this fully summarized in the aforesaid no­ Stock, par value of $20 per share. The connection, Standard Gas and Copco tice of filing issued this day)', that the net proceeds of the sale of said 18,000 have not designated a day certain on requirements of the applicable provisions shares of Common Stock of Copco will which bids are to be opened but they of the act and rules thereunder are satis­ be applied by Standard Gas towards the propose to advise the Commission by fied, that no adverse findings are neces­ payment of interest and principal on its telegram on the day preceding the pub­ sary thereunder, and that it is appro­ promissory notes dated April 10, 1946, lication of a public invitation for bids priate in the public interest and in the issued to certain banks under a Bank of their intention so to do and the pro­ interests of investors and consumers that Loan Agreement dated December 21, posed date of the opening of such bids. said applications and declarations, as 1945, as supplemented by supplemental Copco and Standard Gas have re­ amended; (except as to the particular agreements dated »February 15, 1946, quested that the Commission make the matters specified in the aforesaid notice April 5,1946 and April 5,1947 or any fur­ specifications and itemizations necessary of filing issued this day), should be ther extensions or supplemental agree­ in order that the provisions of sections granted and permitted to become effec­ ments in respect thereto which may have 1808 (f), 371 (a), 371 (b) and 371 (f) tive, subject, however, to the terms and been entered into by Standard Gas and of the Internal Revenue Code shall be conditions hereinafter set forth; approved by the Commission prior to the applicable to the proposed transactions. It is hereby ordered, That, pursuant time the proceeds are received. Copco has applied to the Public Utili­ to Rule U-23, said applications and dec­ Standard Gas further proposes, prior ties Commission of the State of Califor­ larations, as amended, (except as to the to the issue and sale of . the new securi­ nia, in which State Copco is organized matters set forth in the notice pf filing ties of Copco, to acquire in the open and doing business, and to the Public issued this day hereinabove referred to), market certain* shares of the Old Pre­ Utilities Comissioner of Oregon, in which be, and the same are hereby granted and ferred Stock of Copco equal in number, State Copco is also doing business, for permitted to become effective, subject to as nearly as practicable, to 3,000 shares, their respective orders authorizing the the terms and conditions prescribed in artd to donate to Copco the shares so ac­ reclassification of the Common Stock of Rule U-24 and subject to the following quired as a capital contribution, in the Copco, the issue and sale of 18,000 shares further conditions: sum of $300,000 (assuming 3,000 shares of Common Stock, as reclassified, and 1. That Copco obtain authorizations are so acquired by Standard Gas) 60,000 shares o f ----% Cumulative Pre­ from the Public Utilities Commission of against which $13,700 discount and ex­ ferred Stock, and the use of the proceeds the State of California and the Public pense applicable to such donated stock of such sale for redemption of such of Utilities Commissioner of Oregon for the will be charged immediately by Copco. its outstanding shares of Old Preferred transactions proposed to be done by Copco proposes to amend its Amended Stock as shall not have been -surrendered Copco. Articles of Incorporation in order to re­ as a capital contribution, and with re­ 2. That the proposed sale by Copco of classify its presently outstanding 312,000 spect to other matters, including to the 60,000 shares of —% Cumulative Pre­ no par value shares of Common Stock extent required authority to make the ferred Stock, par value $100 per share (having an aggregate stated capital accounting entries hereinabove referred “and 18,000 shares of its Common Stock, equivalent in value to $25 per share) , all to. par value $20 per share, and the pro­ of which are owned by Standard Gas, Said separate applications and declar­ posed sale by Standard Gac of 390,000 into 390,000 shares of Common Stock of ations having been filed on March 26, shares of the Common Stock, par value the par value of $20 per share; and also 1947, and Standard Gas having filed an $20 per share, of Copco shall norbe con­ to provide for the authorization of the amendment tò its application and dec­ summated: New Preferred Stock and to set forth the laration on April 2,1947, and both Stand­ (a) Until after the entry of an order preferences, voting powers, restrictions ard Gas and Copco having requested on approving or making other disposition and qualifications of said New Preferred April 25, 1947, that the effective date qf of those matters contained in said ap­ Stock and the Common Stock, par value these filings be postponed to May 5,1947, plications and declarations, as amended, $20 per share. Standard Gas undertakes and both Standard Gas and Copco hav­ which are not granted nor permitted to to consent to the proposed amendments ing filed amendme'nts to their respective become effective by the terms of this to the Amended Articles of Incorporation applications and declarations on May 2, of Copco. order (which matters are more specifi­ 1947, and notice of said.filings, as thenv cally set forth in the notice of filing is- Wednesday, May 14, 1947 FEDERAL REGISTER 3157 sued this day hereinabove referred to) ; sues they propose to raise or present relief with respect to a purported plan and valid reason for their inability to do so. under section 11 (e) of the act, con­ (b) Until the results of the competi­ Motion for hearing on purported sec­ tained in respondents’ answer filed in tive bidding .pursuant to Rule U-50 have tion 11 (e) plan and for consolidation these proceedings. Respondents have been made a matter of record herein with pending section 11 (b) proceedings. submitted briefs in support of both their and a further order shall have been en­ Where respondents’ answer in section 11 motions, and answering briefs in opposi­ tered with respect thereto, which order (b) proceedings contains what purports tion to the first motion were filed by may contain such further terms and to be a section 11 (e) plan and respond­ some of the persons to whom the motion conditions as may then be deemed ap­ ents move for hearing on said plan and is directed. The Public Utilities Divi­ propriate, for which purpose jurisdiction for. consolidation with pending proceed­ sion has filed briefs with respect to both is hereby reserved. ings, held, motion granted and any issues motions. It further appearing that it is appro­ raised by purported plan, including issue We shall consider each of the motions priate that the Commission at this time whether it can properly be regarded as a in turn. reserve for further consideration the re­ plan under section 11 (e), will be con­ 1. Motion to strike appearances and quests made by Copco and by Standard sidered in consolidated proceedings* evidence. Respondents move to strike Gas for certain findings and other relief Motion to defer entry of section 11 (b) from the record the appearances made pursuant to the provisions of sections order. Where respondents’ answer in in these proceedings by Monongahela 371 (a), 371 (b), 371 (f), and 1808 (f) section 11 (b) proceedings contains what Street Railway o Company (“Mononga­ of the Internal Revenue Code, and that purports to be a section 11 (e) plan and hela”) ; Pittsburgh and Birmingham it is appropriate to reserve jurisdiction respondents move to defer the entry of Traction Company (“Birmingham”) ; the with respect to such requested order section 11 (b) order until consideration Suburban Rapid Transit Street Railway and findings; and it further appearing and determination of alleged plan, held, Company (“Suburban”) ; Jules Guggen­ that it is appropriate that the Commis­ decision reserved on motion until con­ heim, et al.; Christian A. Johnson and sion at this time reserve jurisdiction clusion of hearings and submission of Kent Cochran; and Robert M. Saville, with respect to all fees and expenses in­ case to Commission. Alda Strode and Clara E. DeClerque; and curred or to be incurred in connection Appearances: H. Eastman Hackney, also to strike evidence introduced at the with the proposed transactions: Robert J. Dodds, Jr., Reed, Smith, Shaw hearings by Monongahela, Birmingham It is further ordered, That jurisdiction & McClay, A. Louis Plynn, Helmer Han­ and Suburban. As 'grounds for this mo­ be and the same hereby is reserved with sen, Howard M. Swartz, and Philip A. tion, respondents assert that the persons respect to the specifications and item­ Fleger, for respondents. named have not complied with the terms izations to be made by the Commission William S. Moorhead and George E. of our order of December 5, 1946, insti­ in order that the provisions of sections Flinn, of Moorhead & Knox, for Monon- tuting these proceedings. That order 371 (a), 371 (b), 371 (f), and 1808 (f) gahela Street Railway Company and' provided th a t any person desiring to be of the Internal Revenue Code shall be Pittsburgh and Birmingham Traction heard shall file an application complying applicable to the proposed transactions, Company. with Rule XVII of our Rules of Practice * and with respect to all, the fees and ex­ Richard , W. Ahlers, for Suburban and stating the applicant’s interest, his penses incurred or to be incurred in con­ Rapid Transit Street Railway Company. reasons for requesting to be heard and nection with the proposed transactions. Alfred Berman and J. Howard Ross- the allegations and issues set forth in the By the Commission. back, of Guggenheimer & Untermyer, order which he proposes to controvert, for Christian A. Johnson and Kent together with a statement of any addi­ [seal] Orval L. D uBois, Cochran. tional issues he proposes to raise in the Secretary. Maurice J. Dix, for Jules Guggenheim, proceedings. Respondents have also [F. R. Doc. 47-4503; Filed, May 13, 1947; et al. moved that the above named persons be 8:45 a. m.] James E. Reily, of White & Williams denied the privilege of being heard until for Protective Committee of Public they have exemplified with our order of Holders of No Par Value Common Stock December 5, 1946. of Philadelphia Company. Monongahela and Birmingham, par­ [File Nos. 59-88 and 59-9] Paul S. Davis and Howard S. Gutt- ties to certain leases guaranteed by the mann, for the Public Utilities Division Philadelphia Company, filed applications Philadelphia Co. et al. of the Commission. for leave to be heard, and the trial ex­ MEMORANDUM OPINION AND ORDER REGARD­ By order dated December 5, 1946,1 we aminer, exercising the discretion in such ING SIMPLIFICATION OF HOLDING COM­ instituted these proceedings pursuant to matters given to him by Rule XVII of PANY SYSTEM, PRACTICE AND PROCEDURE section 11 (b) (2) of the. Public Utility our Rules of Practice, granted their re­ Holding Company Act of 1935 (“the quests. In the course^ of the hearings, At a regular session of the Securities act”). Our order also consolidated the both companies stated on the record that and Exchange Commission, held at its proceedings with prior proceedings in­ they did not have sufficient knowledge office in the city of Philadelphia, Pa., on stituted pursuant to section 11 (b) (1) either to controvert any allegations set the 6th day of May A. D. 1947. , of the act. Hearings are in progress forth in the order instituting the pro­ In the matter of Philadelphia Co. and have been recessed until May 12, ceedings or to raise any additional is­ and certain of its subsidiary com­ 1947. sues, and, consequently at the present panies and Standard Power and Light stage of the proceedings did not propose Corporation and Standard Gas and Elec­ Philadelphia Company and certain of its subsidiary companiesa (“respond­ to deny any allegations or raise any new tric Company, respondents, Pile No. issues. Both companies have also in­ 59-88; Standard Power and Light Cor­ ents”) have filed two motions. The first motion requests that we strike the ap­ troduced certain documentary evidence. poration, Standard Gas and Electric Respondents contend that Mononga­ Company and subsidiary companies pearances of and evidence introduced hela and Birmingham, in failing to state thereof, respondents, Pile No. 59-9. by certain persons who appeared at the the allegations which they propose to Requests for leave to be heard; motion hearings.* The second motion requests controvert and any new issues which to strike out appearances and evidence. they propose to raise, have not complied Where respondents in section 11 (b) pro­ 1 Holding Company Act Release No. 7025. with the provision in our order of De­ ceedings move to strike appearances of * The subsidiary companies referred to are cember 5, 1$46. Respondents assert that and evidence introduced by persons for Duquesne Light Company, Equitable Gas Company, Pittsburgh and West Virginia Gas they are entitled to timely warning as to failure to comply with provision in no­ Company, Kentucky West Virginia Gas Com­ tice of and order instituting proceedings pany, Allegheny County Steam Heating Com­ the persons appearing. The examiner denied that persons requesting leave to be heard pany, Cheswick and Hamar Railroad Com­ the motion and certified the question to us comply with Rule XVII of the rules of pany, The Consolidated Gas Company of the for consideration, after the respondents ex­ practice and state issues proposed to be City of Pittsburgh, Equitable Auto Company, cepted to his ruling. controverted and the additional issues Equitable Real Estate Company, Equitable ‘ Rule XVII (b) of our Rules of Practice Sales Company, Finleyville Oil and Gas Com­ provides in pertinent part: “Requests for to be raised, held, motion granted, un­ pany, and Philadelphia Oil Company. leave to be heard * * * shall set forth less such persons shall state issues they 8 This motion was initially made to the the nature and extent of the applicant’s in­ propose to controvert and additional is­ trial examiner with reference to certain of terest in the proceeding, * * •” 3158 NOTICES the persons from whom opposition can Kent Cochran and Christian A. John­ As to the initial hearing in these pro­ be expected, timely notice of new issues son, owners of $4 Preferred Stock of ceedings, respondents moved to stay the which any interested person might care Standard Gas and Electric Company and section 11 (b) proceedings pending con­ to raise, and a fair and orderly hearing directors of that company on behalf of sideration and disposition of its pur­ upon such issues with a minimum of sur­ the $4 Preferred Stock, have filed an ported section 11 (e) plan. On February prise. application for leave to be heard; which 28, 1947, in a memorandum opinion we The provision in our order that appli­ was granted by the trial examiner. They denied this motion, stating: “* * * cants for leave to be heard shall state have macle no statement in the record without now deciding whether what is their position was intended to provide or in their application of their position contained in Philadelphia’s answer can for the joinder of issues as soon as pos­ as to the issues raised in these proceed­ be properly regarded as. a plan filed un­ sible, thereby facilitating an orderly and ings. However, in their briefs opposing der section 11 (e) of the act, it is appro­ expeditious trial of the issues in the pro­ respondents’ motion, they have slated priate that the issues raised by such ceedings. However, while such provision that they are minority members of answer be considered in these consoli­ is intended to simplify and expedite the Standard’s board of directors and have dated proceedings.” 6 Respondents now proceeding to the fullest extent practi­ not been kept fully advised of Standard’s move that the purported plan be set cable, it does not contemplate or require position in these proceedings and that at down for hearing after notice to all in­ the impossible. We appreciate that, in the present time they are not able to terested persons, that such hearing be some instances, interested persons, either deny any allegations or raise any addi­ consolidated with the hearings presently because they lack sufficient information tional issues. For the reasons we have being held in the section 11 (b) proceed­ or for some other valid reason, may be previously set forth, we find that the ings, and that the entry of any order unable to present such statement at the statement contained in the brief con­ under section 11 (b) of the act be de­ outset of the proceedings. Particularly stitutes an adequate' statement of in­ ferred until after consideration and de­ is this true in proceedings of this type terest and position and complies with our termination of the purported plan. where complex factual and legal issues order of December 5,1946. Accordingly, Counsel for the Public Utilities Divi­ are presented. Under such circum­ respondents’ motion as to Cochran and sion contends th a t. the purported plan stances, we think it proper that inter­ Johnson is denied. - should not be set down for hearing be­ ested persons should be permitted to de­ Jules Guggenheim, et al., a group of cause, it is asserted, it is incomplete, in­ fer taking an affirmative position until public security holders, have filed no ap­ adequate and in its present form could the evidence has been developed to the plication for leave to be heard. While not be approved or effectuated." Coun­ point where the efféct on their interests this group has not stated whether or not sel for the Division maintains that to the has become evident. It is only at that they propose to deny any allegations in extent that the purported plan repre­ time that they may actually be in a posi­ the order for hearing, they have filed a sents a statement of position by the re­ tion to state what allegations, if any, document designated as an “answer,” spondents as to their method of meeting they wish to controvert or what addi­ which raises additional issues and which certain of the issues raised in the section tional issues, if any, they wish to raise. does state the nature of their interest 11 (b) proceedings, we can consider such It may well be that at that time they in the proceedings. We shall treat this statement under* the terms of the order will decide to do neither. On the other group's “answer” as an application for instituting these proceedings. hand, if at any stage of the proceedings leave to be heard. However, to clarify its We do not believe that it is necessary the respondents'are “surprised” by the position, the group should state its views at this time to determine whether what controverting of allegations in the order on the allegations set forth in the order is contained in respondents’ answer can or the injection of new issues, they will, for hearing. Accordingly, respondents’ be properly regarded as a plan under sec­ of course, have the right to request, and motion is granted, unless the group, tion 11 (e) of the act. Any section 11 upon a proper showing will be afforded, either in writing or on the record within (e) plan, in order to qualify for approval a reasonable opportunity to meet such 5 days after the hearing in these pro­ by the Commission, must be found neces­ questions. ceedings shall be reconvened, makes a sary to effectuate the provisions of sec­ As we have already pointed out, Mo- statement with respect to existing issues tion 11 (b) of the act. Consideration nongahela and Birmingham have stated or else presents adequate reasons for its of the issues raised by a section 11 (e) that they do not now have sufficient in­ inability to do so at that time. plan clearly involves, therefore, questions formation either to deny allegations or Counsel for Robert M. Saville, Alda of fact and law similar to those involved to raise additional issues. We do not Strode and Clara E. DeClerque, public in section 11 (b) proceedings. Accord­ believe they have been captious in this security holders, stated on the record ingly, we believe it appropriate and in respect and we find that their statement that he proposed to file an application the interest of orderly administration constitutes compliance, to the extent for leave to be heard on their behalf and expedition to treat the issues raised practicable at this time, with our order at a later time. Subsequently, he filed by the purported section 11 (e) plan in­ of December 5, 1946. Accordingly, re­ such application on behalf of a “Pro­ cluding the issue of whether it is in fact spondents’ motion to strike the appear­ tective Committee of Public Holders of a section 11 (e) plan as part of these ances of and evidence introduced by. No Par Value Common Stock of Phila­ proceedings and to the extent that addi­ these companies is denied. delphia Company” which represents, tional formal consolidation is necessary, Suburban, also a party to a lease which among others, the above mentioned it is hereby ordered. the Philadelphia Company has guaran­ three persons. Examination of the With respect to the necessity for ad­ teed, filed an application for leave to be Committee’s application reveals compli­ ditional notice, it is our understanding heard, which was granted by the trial ance with Rule XVII and the require­ that security holders of respondents have examiner, and has introduced certain ments of our order of December 5, 1946. already been furnished with copies of documentary evidence. Suburban, whose Since it appears that the position of interests appear to be similar to those the Committee reflects the views of * Philadelphia Company, — S. E. C. —, of Monongahela and Birmingham, made Saville, Strode and DeClerque, respond­ Holding Company Act Release No. 7239, p. 3. no statement either in its original appli­ ents’ motion as to these persons is_ 6 The Division points out that the pur­ cation or on the record of its position denied. ported plan cannot be properly regarded as 2. Motion for relief with respect toa’ plan under section 11 (e) of the act be­ with reference to the issues in these cause, inter .alia, the plan as submitted is proceedings. ' However, Suburban on May purported section 11 (e) plan. -The or­ at most à statement of position by the Phil­ 2, 1947, filed a supplement^ statement der instituting these proceedings re­ adelphia Company that it can retain under to its application,»advising that its posi­ quired each respondent to file an answer, its control electric, gas, transportation and tion is identical with that of Mononga­ which might include a statement as to other, operations and a statement of its in­ hela and Birmingham. For_the reasohs the steps any respondent was prepared tention to eliminate certain companies from its system, without indicating what me­ we have previously set forth, we find that to take to comply with section 11 (b). chanics are to be employed or the time Suburban has complied, to the extent of the act. Respondents, in their an- within which such proposals are to be effec­ practicable at this time, with our order .swer, in addition to admitting or con­ tuated, and further because the purported of December 5, 1946. Accordingly, re­ troverting allegations contained in the plan makes no proposals as to the disposition spondents’ motion to strike the appear­ order for hearing, set forth what pur­ or treatment of the interests of security ance of and évidence introduced by Sub­ ports to be a plan pursuant to section holders of the various companies in the urban is denied. . 11 (e) of the act. system. Wednesday, May 14, 1947 FEDERAL REGISTER 3159 respondents’ answer, which contains the filed May 2, 1947, hereinafter described, DEPARTMENT OF JUSTICE purported 'plan and which, in itself, which are in addition to the proposed would put such persons on notice that transactions summarized in Holding Office of Alien Property the purported plan had heen filed in the Company Act Release No. 7327, stating Authority : 40 Stat. 411, 55 Stat. 839, Pub. section 11 (b) proceedings and that it the nature of his interest, the reasons for Laws 322, 671, 79th Cong., 60 Stat. 50, 925: 50 raised certain issues therein. Under the such request and the issues of fact or law U. S. C. and Supp. App. 1, 616; E. O. 9193, circumstances, we think the only addi­ raised by said additional proposed trans­ July 6, 1942, 3 CFR, Cum. Supp., E. O. 9567, tional notice necessary will be given if actions, hereinafter described, which he June 8, 1945, 3 CFR, 1945 Supp., E. O. 9788, this opinion is published and served in proposes to controvert or may request Oct. 14, 1946, 11 F. R. 11981. the same manner as the notice of and that he be notified if the Commission [Vesting Order 8798] order for hearing herein and we so order. should order a hearing thereon. At any We see no reason why the consolidated time thereafter (unless the Commission August Barbey proceedings should not be resumed on should prior thereto, at the request of any In re: Estate of August Barbey, de­ May 12, 1947, the date scheduled, since, interested person or on its own motion, ceased. File No. D-28-10311; E. T. sec. at that time or thereafter in the hear­ order a hearing thereon) the applica­ 14692. ings, persons who have not theretofore tions or declarations, as amended, Under the authority of the Trading appeared will, on a proper showing, have herein, in so far as they relate to the with the Enemy Act, as amended, Execu­ an opportunity to explore all issues in transactions hereinbelow summarized, tive Order 9193, as amended, and Execu­ the proceedings. may be granted or may be permitted to tive Order 9788, and pursuant to law, As to respondents’ request that entry become effective, as provided in Rule after investigation, it is hereby found: of an order in the section 11 (b) pro­ U-23 of the rules and regulations promul­ 1. That Karl Pick, Louise Fick and ceedings be deferred until after consid­ gated under said act, or as otherwise pro­ Emil Fick, whose last known address is eration and determination of the pur­ vided under said act and rules and regu­ Germany, are residents of Germany and ported section 11 (e) plan, we think lations, or the Commission may exempt nationals of a designated enemy country such request is premature and need not such transactions as provided in Rules (Germany); be passed on at this time. Accordingly, U-20 (a) and U-100 thereof. Any such 2. That all right, title, interest and we are reserving our ruling on such re­ request should be addressed Secretary, claim of. any kind or character whatso­ quest until the conclusion of the con­ Securities and Exchange Commission, ever of the persons named in subpara­ solidated hearings and at that time will 18th and locust Streets, Philadelphia 3, graph 1 hereof in and to the Estate of dispose of this part of the motion in Pennsylvania. August Barbey, deceased, is property connection with our consideration of the All interested persons are referred to payable or deliverable to, or claimed by,, entire proceedings. said applications and declarations, as the aforesaid nationals of a designated Respondents have requested oral ar­ presently amended, which are on file in enemy country (Germany); gument with respect to both of their the office of the Commission, for a more 3. That such property is in the process motions. Since the issues raised were complete statement of the transactions of administration by Miss Elsie M. Bens, fully explored in the briefs and since it therein proposed, which transactions as Executrix, acting under the judicial does not appear that oral argument (being in addition to and in connection supervision of the Court of Probate, Dis­ would be of any additional aid in the with certain other transactions proposed trict of Cheshire, Connecticut; disposition of the motions, such request by Standard Gas and Copco and in large is denied. . part summarized in Holding Company and it is hereby determined: It is therefore ordered, That re­ Act Release No. 7327) may be summa­ 4. That *to the extent that the persons spondents’ motions are granted to the rized as follows: named in subparagraph 1 hereof are not extent provided for in the foregoing and Standard Gas proposes, prior to the within a designated enemy country, the in all other respects denied. proposed issue and sale by Copco of 60,- national interest of the United States 000 shares of its _% Cumulative Pre­ requires that such persons be treated as By the Commission. ferred Stock and 18,000 shares of its nationals of a designated enemy country Common Stock, par value $20 per share, (Germany). [seal] Orval L. DuB ois, All determinations and all action re­ Secretary. to acquire on the open market certain shares of the Six Per Cent Preferred quired by law, including appropriate [F. R. Doc. 47-4505; Filed, May 13, 1947; Stock, Series of 1927, of Copco, equal in consultation and certification, having 8:46 a. m.] number, as nearly as practicable, to 3,000 been made and taken, and, it being shares, and to donate to Copco the shares deemed necessary in the national so acquired as a capital contribution in interest, the amount of $300,000 (assuming 3,000 There is hereby vested in the Attorney General of the United States the prop­ [File Nos. 70-1494, 70-1495] shares are so acquired by Standard Gas) against which $13,700 discount and ex­ erty described above, to be held, used, S tandard Gas and Electric Co. and pense applicable to such donated stock administered, liquidated, sold or other­ California Oregon P ower Co. will be charged immediately by Copco. wise dealt with in the interest of and for Copco proposes to charge to the capital the benefit of the United States. NOTICE REGARDING AMENDMENTS TO FILINGS surplus (amounting approximately to The terms “national” and “designated At a regular session of the Securities $286,300) created by this donation a por­ enemy country” as used herein shall have the meanings prescribed in section and Exchange Commission held at its tion of the total of (a) the amount of 10 of Executive Order 9193, as amended. office in the city of Philadelphia, Pa., on capital stock discount and expense relat­ the 8th day of May 1947. ing to its Six Per Cent Preferred Stock, Executed at Washington, D. C., on Notice is hereby given that Standard Series of 1927, proposed to be redeemed, April 25, 1947. Gas and Electric Company (“Standard (b) the redemption premium on such For the Attorney General. Gas”) , a registered holding company, and stock, and (c) the expenses of the re­ its subsidiary, The California Oregon [seal] D onald C. Cook, Power Company (“Copco”), a public demption of such stock. Copco proposes Director. utility company, have on May 2, 1947, to charge to earned surplus the balance of approximately $339,592 of these items [F. R. Doc. 47-4527; Filed, May 18, 1947; filed separate amendments to their ap­ 8:47 a. m.] plications and declarations herein pur­ together with duplicate dividends of suant to the Public Utility Holding Com­ $42,761 to be incurred in connection with i l l s pany Act of 1935 (“act”), particularly the redemption of its Six Per Cent Pre­ sections 9 (a) and 10 thereof. ferred Stock, Series of 1927. [Vesting Order 8800] Notice is further given that any inter­ By the Commission. ested person may not later than May 14, I da Eggert Ï947,jit 5130 p. m., e. d. s. t., request’the [seal] Orval L. D uB ois, In re: Estate of Ida Eggert, deceased. Commission in writing that a hearing Secretary. File D-28-11431; E. T. sec. 15670. be held on certain of the proposed trans­ [ D. C., on April 25, 1947. Adam K lein For the Attorney General. In re: Estate of Adam Klein, deceased. File No. D-28-8866; E. T. sec. 11009. [Vesting Order 8808] [seal] Donald C. Cook, Under the authority of the Trading Director. with the Enemy Act, as amended, Execu­ • Augusta W. R athje [F. R. Doc. 47-4528; Filed, May 13, 1947; tive Order 9193, as amended, and Execu­ In re: Estate of Augusta W. Rathje, 8:47 a, m.] tive Order 9788, and pursuant to law, deceased; File F-66-9; E. T. sec. 34. after investigation, it is hereby found: Under the authority of the Trading 1. That Karoline Achtziger, Michael with the Enemy Act, as amended, Exec­ Duetsch, Joseph Duetsch, Margareta utive Order 9193, as amended, and Exec­ [Vesting Order 8804] Kassecker, Anna Brueckner, Edith Haas, utive Order 9788, and pursuant to law, Heinrich Haas and Hedwig Haas, whose after investigation, it is hereby found: . Christian Goetz et al. last known address is Germany, are resi­ 1. That Mieta Classen, Wilhelm Rathje In re: Christian Goetz vs. Regina dents of Germany and nationals of a and Loise Weber, whose last known ad­ Gradolph et al. File D-28-9314; E. T. designated enemy country (Germany); dress is Germany, are residents of Ger­ sec. 12307. 2. That the personal representatives, many and nationals of a designated Under the. authority of the Trading heirs, next of kin and distributees, names enemy country (Germany); with the Enemy Act, as amended, Execu­ unknown of Johann Duetsch, deceased, 2. That all right, title, interest ancf tive Order 9193, as amended, and Execu­ who there is reasonable cause to believe claim of any kind or character whatso­ tive Order 9788, and pursuant to law, are residents of Germany, are nationals ever of the persons named in subpara­ after investigation, it is hereby found: of a designated enemy country (Ger­ graph 1 hereof, and each of them, in , 1. That • Regina Gradolph, Rosina many) ; and to the estate of Augusta W. Rathje, Weber and Sophia Messer, whose~ iast 3. That the sum of $173.33 was paid to deceased, is property payable or deliver­ known address, is Germany, are residents the Alien Property Custodian by James able to, or claimed by, the aforesaid na­ of Germany and nationals of a desig­ W. Brown, Administrator of the Estate tionals of a designated enemy country nated enemy country (Germany); of Adam Klein, deceased; (Germany); Wednesday, May 14, 1947 FEDERAL REGISTER 3161 3. That such property is in the process cial supervision of the Surrogate’s Court, sultation and certification, having been of administration by The First National Bronx County, New York; made and taken, and, it being deemed Bank of Westwoodas executor, acting and it is hereby determined: necessary in the national interest, under the judicial supervision of the 5. That to the extent that the above There is hereby vested in the Attorney Orphans’ Court of Bergen County, New named persons and the issue, names un­ General of the United States the property Jersey; described above, to be held, used, admin­ known of Andrew Rosenbusch, the issue, istered, liquidated, sold or otherwise dealt and it is hereby determined: names unknown of Margaret Fleisch­ with in the interest of and for the benefit 4. That to the extent that the persons man, the issue, names unknown of John of the United States. named in subparagraph 1 hereof are Rosenbusch, the issue, names unknown The terms “national” and “designated not within a designated enemy country, of Margaret Michel, and the issue, names enemy country” as used herein shall have the national interest of the United States unknown of Christian Fleischman, are the meanings prescribed in section 10 requires that such persons be treated as not within a designated enemy country, of Executive Order 9193, as amended. nationals of a designated enemy country the national interest of the United States (Germany). requires that such persons be treated as Executed at Washington, D. C., on All determinations and all action re­ nationals of a designated enemy country April 25, 1947. quired by law, including appropriate con­ (Germany). For the Attorney General. sultation and certification, having been All determinations and, all action re­ made and taken, and, it being deemed quired by law, including appropriate con­ [seal] Donald C. Cook, necessary in the national interest, sultation and certification, having been Director. There is hereby vested in the Attorney made and taken, and, it being deemed [F. R. Doc. 47-4533; Filed, May 13, 1947; General of the United States the prop­ necessary in the national interest, 8:50 a. m.] erty described above, to be held, used, There is hereby vested in the Attorney administered, liquidated, sold or other­ General of the United' States the prop­ wise dealt with in the interest of and erty described above, to be held, used, [Vesting Order 8818] for the benefit of the United States. administered, liquidated, sold or other­ U lrich S chrecker et al. The terms “national” and “designated wise dealt with in the interest of and for enemy country” as used herein shall have the benefit of the United States. In re: Bank account and stock owned the meanings prescribed in section 10 The terms “national” and “designated by Ulrich Schrecker, Rolf Schrecker, of Executive Order 9193, as amended. enemy country” as used herein shall have Wilhelm Schrecker and Vera Schrecker. the meanings prescribed in section 10 of P—28—23511—A — 1 Executed at Washington, D. C., on Executive Order 9193, as amended. Under the authority of the Trading April 25,1947. with the Enemy Act, as amended, Execu­ For the Attorney General. Executed at Washington, D. C., on tive Order 9193, as amended, and Execu­ April 25, 1947. tive Order 9788, and pursuant to law, [seal] D onald C. Cook, For the Attorney «eneral. after investigation, it is hereby found: Director. 1. That Ulrich Schrecker, Rolf [F. R. Doc. 47-4531; Filed, May 13, 1947; [seal] D onald C. Cook, Schrecker, Wilhelm Schrecker and Vera 8:50 a. m.] Director. Schrecker, whose last known address is [F. R. Doc. 47-4532; Filed, May 13, 1947; Germany, are residents of Germany and 8:50 a. m.] nationals of a designated enemy country (Germany); [Vesting Order 8809] 2. That the property described as fol­ Anna ROsenbusch lows: [Vesting Order 8811] a. All those debts or other obligations In re: Estate of Anna Rosenbusch, de­ H erman Zendel owing to Ulrich Schrecker, Rolf ceased. File No. D-28-11579; E. T. sec. Schrecker, Wilhelm Schrecker and Vera 15796. In re: Estate of Herman Zendel, de­ Schrecker, by Rudolph Correll, 26 Ferry Under the authority of the Trading ceased. File D-28-9422; E. T. sec. 12588. Street, New York 7, New York, including with the Enemy Act, as amended, Execu­ Under the authority of the Trading particularly but not limited to a portion tive Order 9193, as amended, and Execu­ with the Enemy Act, as amended, Ex­ of the sum of money on deposit with tive Order 9788, and pursuant to law, ecutive Order 9193, as amended, and The Chase National Bank of the City of after investigation, it is hereby found: Executive Order 9788, and pursuant to New York, Pine and Nassau Streets, New 1. That Andrew Rosenbusch, Margaret law, after investigation, it is hereby York, New York, in a bank account, en­ Fleischman, John Rosenbusch, Margaret found: titled Rudolph Correll, Special # 1, and Michel, and Christian Fleischman, whose 1. That Emelie Zendel Schmid, whose any and all rights to demand, enforce last known address is Germany, are resi­ last known address is Germany, is a resi­ and collect the same, and dents of Germany and nationals of a dent of Germany and a national of a b. Those certain shares of stock de­ designated enemy country, (Germany) ; designated enemy country (Germany) ; scribed in Exhibit A, attached hereto and 2. That the issue, names unknown of 2. That all right, title, interest and by reference made a part hereof, regis­ Andrew Rosenbusch, the issue, names claim of any kind or character whatso­ tered in the name of Wilhelm Schrecker, unknown of Margaret Fleischman, the ever of the person named in subpara­ and presently in the custody of Rudolph issue, names unknown of John Rosen­ graph 1 hereof in and to the estate of Correll, 26 Ferry Street, New York 7, New busch, the issue, names unknown of Mar­ Herman Zendel, deceased, is property York, in a safe deposit box numbered garet Michel, and the issue, names un­ payable or deliverable to, or claimed by, 56-205 in the Mercantile Branch of The known of Christian Fleischman, who the aforesaid national of a designated Chase National Bank of the City of New there is reasonable cause to believe are enemy country (Germany) ; j York, 115 Broadway, New York, New residents of Germany, are nationals of a 3. That such property is in the process of administration by John T. Dempsey, York, together with all declared and designated enemy country (Germany) ; as Administrator, acting under the ju­ unpaid dividends thereon, 3. That all right, title, interest and dicial supervision of the Probate Court is property within the United States claim of any kind or character whatso­ of Cook County, Illinois; owned or controlled by, payable or de­ ever of the persons identified in subpara­ liverable to, held on behalf of or on ac­ graphs 1 and 2 hereof, and each of them, and it is hereby determined: count of, or owing to, or which is evidence in and to the estate of Anna Rosenbusch, 4. That to the extent that the person of ownership or control by, Ulrich deceased, is property payable or deliver­ named in subparagraph 1 hereof is not Schrecker, Rolf Schrecker, Wilhelm able to, or claimed by, the aforesaid na­ within a designated enemy country, the Schrecker and Vera Schrecker, the tionals of a designated enemy country national interest of the United States aforesaid nationals of a designated en­ (Germany) ; requires that such person be treated as emy country (Germany); 4. That such property is in the process a national of a designated enemy coun­ of administration by Curt Arno Gunther, try (Germany). and it is hereby determined: as Executor of the Estate of Anna Rosen­ All determinations and all action re­ 3. That to the extent that the persons busch, deceased, acting under the judi­ quired by law, including appropriate cop- named in subparagraph 1 hereof are not 3162 NOTICES within a designated enemy country, the ministered, liquidated, sold or otherwise [Vesting Order 8816] national interest of the United States re­ dealt with in the interest of and for the * Ernst A. Giessen quires that such persons be treated as benefit'of the United States. nationals of a designated enemy country The terms “national” and “designated In re: Bank account and stock owned (Germany). enemy country” as used herein shall have by Ernst A. Giessen, also known as All determinations and all action re­ the meanings prescribed in section 10 of Ernest A. Giessen or as E. A. Giessen. quired by law, including appropriate con­ Executive Order 9193, as amended. F-28-22636-D-1, F-28-22636-D-2, F-28- sultation and certification, having been 22656-D-3, F-28-22636-E-1. Executed at Washington, D. C., on Under the authority of the Trading made-and taken, and, it being deemed April 25, 1947. necessary in the national interest, with the Enemy Act, as amended, Ex­ For the Attorney General. ecutive Order 9193, as amended, and There is hereby vested in the Attorney Executive Order 9788, and pursuant to General of the United States the prop­ [seal] D onald C. Cook, law, after investigation, it is hereby erty described above, to be Jield, used, ad­ Director. - found: E x h ib it A 1. That Ernst A. Giessen, also known as Ernest A. Giessen or as E. A. Giessen, N u m ­ whose last known address is Frankfurt, P ar Name and address of issuer State of incorporation Certificate No. ber of T y p e of stock A. M., Germany, is a resident of Ger­ shares va lu e many and a national of a designated enemy country (Germany); Allied Chemical & D y e C orp., 61 N e w Y o r k ...... 0299679 5 N o 2. That the property described as Broadway, New York, N. Y. American Smelting & Refining Co., N e w Jersey...... CO 197985 __ - 6 N o D o. follows: 120 Broadway, New York, N. Y. CO 180324...... 10 N o D o. a. That certain debt or other obliga­ CO 50307...... 20 N o D o. American Telephone & Telegraph Co., N ew Y o rk ...... T N 75745 6 $100.00 tion owing to Ernst A. Giessen, klso 195 Broadway, New York 7, N . Y. T N 75020 . ____ 5 100.00 D o . known as Ernest A. Giessen or as -E. A. R N 77736...... 10 100.00 D o . T N 51648...... 5 100.00 D o . Giessen, by First National Bank at .T N 44773...... 5 100.00 D o . Pittsburgh, 5th Avenue and Wood P N 14566...... 6 100.00 D o. Streets, Pittsburgh, Pennsylvania, aris­ H N 98150...... 5 100.00 D o. N F 77579...... v 6 100.00 D o. ing out of a savings account, Account N K 35508...... - 10 100.00 D o. Number 26549, and any and all rights N U 61655______5 100.00 D o. N D 84840...... 4 100.00 D o. to demand, enforce and collect the same, N Q 25933...... 12 100.00 D o. b. Six (6) shares of no par value com­ N P 55598...... 2 100.00 D o . N O 59096...... 7 100.00 D o. mon capital stock of Kennecott Copper The American Tobacco Co., Ill 5th N e w Jersey...... B B 36550...... 6 25.00 Corporation, 120 Broadway, New York 5, Ave., New York, N. Y. B B 10142...... 30 25.00 D o. New York, a corporation organized C C 4 1 1 1 ...... 44 25.00 C om m on. T h e A tchison, T op ek a & Santa F e R y . K a n s a s...... A297714 1 100.00 D o. under the laws of the State of New York, Co., Topeka, Kans. X293780...... 10 100.00 D o . evidenced by a certificate numbered T h e C oca C ola C o., 101 W est 10th S t., D elaw are...... NY/CO 60713... 10 « N o D o. Wilmington, Del. O 25555, and registered in the name of E. I. du Pont de Nemours & C o______E 466186 . . . 10 20.00 D o . Ernest A. Giessen, together with all de­ 1007 Market St., Wilmington, Del. E 122985...... 2 20.00 D o . clared and unpaid dividends thereon, E 18599...... 52 20.00 D o . E 32434...... 1 20.00 D o. c. Sixteen (16) shares of $50.00 par Eastman Kodak Co., 343 State St., N ew Jersey...... Y 305733...... 10 N o D o . value capital stock of Anaconda Copper Rochester, N . Y. Y 317368...... 8 N o- D o . Y 335568...... 4 N o D o. Mining Company, 25 Broadway, New Y 128955...... 10 N o D o . York 4, New York, a corporation organ­ Y 26938...... 10 N o D o . Y 102867...... 1 N o D o. ized under the laws of the State of Mon­ Y 368347...... 12 N o D o. tana, evidenced by a certificate num- General Electric Co., 1 River Rd.. New Y ork...... N Y C 216647____ 100 N o D o . bered.362259, and registered in the name Schenectady, N . Y. N Y D 202435____ 20 N o D o . N Y D 7114...... 40 N o D o. of Ernest A. Giessen, together with all General Motors Corp., 3044 West D elaw are...... W C 104-994 1 10.00 D o . declared and unpaid dividends thereon, Grand Blvd., Detroit, Mich. Guaranty Trust Co. of New York, N e w Y o rk ______O 272516...... 8 100.00 C apital. and 140 Broadway, New York 16, N . Y. d. Three (3) shares of $50.00 par Homestake Mining Co., 300 Mont- C alifornia______060853...... 16 12. 50 D o . gomery St., San Francisco, Calif. value 6% Cumulative Preferred capital Ingérsolï-Rand Co., 11 Broadway, N e w Jersey ...... A 70915.... 2 N o C om m on. stock of the Philadelphia Company, 435 New York, N. Y. ' Sixth Avenue, Pittsburgh 19, Pennsyl­ International ’Shoe Co., 1509 Wash- Delaware...... (New) CO 2768.. 20 N o D o . ington Ave., St. Louis, Mo. vania, a corporation organized under Liggett & Myers Tobacco Co., 4241 New Jersey______F 32899...... 10 25.00 C om m on “ B ” the laws of the State, of Pennsylvania, Folsom Ave., St. Louis, Mo. N a tio n a l B iscu it C o. 449 W est 14th S t., ...... d o ...... H 1100...... 25 10.00 C om m on. evidenced by a certificate numbered N e w Y ork, N . Y . R-12513, and registered in the name of National Lead Co., Ill Broadway, ...... d o ...... 05940___ 30 .10.00 D o. New York, N.Y. Ernst A*. Giessen, together with all de­ The Pennsylvania Railroad Co., P e n n sy lv a n ia ____. . . . . P 706441... . . 3 50.00 clared and unpaid dividends thereon, Broad Street Station Bldg., Phila- P 458160...... 3 5Ò.ÓÓ D o. delphia, Pa. A 899342...... 20 50.00 D o. is property within the United States Radio Corp., of America, R. O. A. Delaware...... W O 111510...... 26 N o C om m on. owned or controlled by, payable or de­ Bldg., 30 Rockefeller Plaza, New Y ork, N .Y . liverable to, held on behalf of or on ac­ R. J. Reynolds Tobacco Co., Winston- New Jersey...... B L 190041...... 15 10.00 count of, or owing to, or which is evi­ Salem,"N. C. B L 110485...... 10 Ì0.Ó0 D o. dence of ownership or control by, the B L 7420...... 12 10.00 D o. B L 12364...... 1 10.00 D o. aforesaid national of a designated enemy Royal Dutch Co., Willemstad, Cura- Netherlands, W est In- 019633...... 2 No Ordinary. country (Germany); cao, Netherlands, W est Indies. dies. 013588...... 6 Union Carbide & Carbon Corp., Car- N e w Y ork ___...... 419610...... 10 N o and it is hereby determined: hide & Carbon Bldg., 30 East 42d St., 101337...... 10 N o D o. N e w Y ork, N . Y . 3. That to the extent that the person U n io n P acific R .R . C o., 16th and D odge U ta h ...... B 478517 10 100.00 D o. Sts., Omaha, Nebr. named in subparagraph 1 hereof is not United Fruit Co., 1 Federal St., Bos- New Jersey...... K 033039...... 1 N o D o. within a designated enemy country, the ton, M ass. H 055480...... 1 N o i D o. national interest of the United States re­ K 010640...... 25 N o D o . United Shoe Machinery Cor,p., 140 d o ____ _ r 342281...... ' 20 25.00 D o. quires that such person be treated as a Federal Street, Boston, Mass? 279002...... 10 25.00 D o. national of a designated enemy country 169449...... 10 25.00 D o . (Germany). 209031...... 2 25.00 D o. United States Steel Corp., 71 Broad- ____ d o ______C 629393...... 10 100.00 7% Preferred. All determinations and all action re­ way, New York, N .Y. quired by law, including appropriate consultation and certification, having [F. R. Doc. 47-4536; Filed, May 13, 1947; 8:50 a. m.] been made and taken, and, it being Wednesday, May 14, 1947 FEDERAL REGISTER 3163 deemed necessary in the national For the Attorney General. There is hereby vested in the Attorney interest, [seal] D onald C. Cook, . General of the United States the prop­ There is hereby vested in the Attorney Director. erty described above, to be held, used, General of the United States the prop­ administered, liquidated, sold or other­ erty described above, to be held, used, [F. R. Doc. 47-4536; Filed, May 13, 1947; wise dealt with in the interest of and for administered, liquidated, sold or other­ 8:50 a. m.] the benefit of the United States. wise dealt with in the interest of and for The terms “national” and “designated the benefit of the United States. enemy country” as used herein shall have The terms “national” and "designated the meanings prescribed in section 10 of enemy country” as used herein shall have [Vesting Order 8839] Executive Order 9193, as amended. the meanings prescribed in section 10 of Executive Order 9193, as amended. Karl F ranke Executed at Washington, D. C., on April 30, 1947. Executed at Washington, D. C., on In re: Stock owned by Karl Franke. April 25, 1947. P-28-22452-D-1/2. For the Attorney General. For the Attorney General, Under the authority of the Trading [seal] Donald C. Cook, with the Enemy Act, as amended, Ex­ [seal] D onald C. Cook, Director. Director. ecutive Order 9193, as amended, and [F. R. Doc. 47-4537; Filed, May 13, 1947; Executive Order 9788, and pursuant to 8:50 a. m.] [F. R. Doc. 47-4534; Filed, May 13, 1947; law, after investigation, it is hereby 8:50 a. m.] found: 1. That Karl Franke, whose last known address is Berlin, Germany, is a resident [Vesting Order 8841] of Germany and a national of a desig­ [Vesting Order 8829] nated enemy country (Germany); Elizabeth Giesler 2. That the property described as fol­ In re: Debt or other obligation owing Anthony Helfrich lows: to and stock owned by the personal rep­ In re: Estate of Anthony Helfrich, also art" Four (4) shares of $15 par value resentatives, heirs, next of kin, legatees known as Anton Helfrich, deceased. File capital stock of Consolidated Natural and distributees of Elizabeth Giesler, de­ D-66-2150; E. T. sec. 13357. v Gas Company, 30 Rockefeller Plaza, New ceased. F-28-22950-A-1. Under the authority of the Trading York, New York, a corporation organized Under the authority of the Trading with the Enemy Act, as amended, Execu­ under the laws of the State of Delaware, with the Enemy Act, as amended, Execu­ tive Order 9193, as amended, and Execu­ evidenced by certificates numbered tive Order 9193, as amended, and Execu­ tive Order 9788, and pursuant to law, 035924 and 035925 for two (2) shares tive Order 9788, and pursuant to law, after investigation, it is hereby found: each, registered in the name of Karl after investigation, it is hereby found: 1. That Marga Helfrich and John Hel­ Franke, together with all declared and 1. That the personal representatives, frich, whose last known address is Ger­ unpaid dividends thereon, heirs, next of kin, legatees and distribu­ many, are residents of Germany and na­ b. Forty-one (41) shares of $25 par tees of Elizabeth Giesler, deceased, who tionals of a designated enemy country value capital stock of Standard Oil there is reasonable cause to believe are (Germany); Company, 30 Rockefeller Plaza, New residents of Germany, are nationals of a 2. That all right, title, interest and York, New York, a corporation organized designated enemy country (Germany); claim of any kind or character whatso­ under the laws of the State of New Jer­ 2. That the property described as fol­ ever of the persons named in subpara­ sey, evidenced by certificates numbered lows: graph 1 hereof in and to the Estate of SC69420, SC23442 and SC41234 for a. That certain debt or other obliga­ Anthony Helfrich, also known as Anton twenty-one (21), six (6) and fourteen tion owing to the personal representa­ Helfrich, deceased, is property payable (14) shares respectively, registered in tives, heirs, next of kin, legatees and dis­ or deliverable to, or claimed by, the the name of Karl Franke, together with tributees of Elizabeth Giesler, deceased, aforesaid nationals of a designated en­ all declared and unpaid dividends there­ by Ladenburg, Thalmann & Co., 25 ¿road emy country (Germany); on, and Street, New York 4, New York, in the 3. That such property is in the proc­ c. Those certain debts or other obliga­ amount of $38.00, as of December 31,1945, ess of administration by the City Treas­ tions owing to Karl Franke by Standard together with any and all accruals there­ urer of the City of New York, as Deposi­ Oil Company, a New Jersey Corporation, to, and any and all rights to demand, en­ tary, acting under the judicial supervi­ 30 Rockefeller Plaza, New York, New force and collect the same, and sion of the Surrogate’s Court, County of York, in the amounts of $11.01 and $10.48 b. Two (2) shares of capital stock of New York, New York; respectively; as of December 31, 1945, The Atchison, Topeka & Santa Fe Rail­ arising out of the sale of certain scrip way Company, 80 East Jackson Boule­ and it is hereby determined: issued by said corporation, together with vard, Chicago, Illinois, a corporation or­ 4. That to the extent that the persons any and all accruals thereto, and any ganized under the laws of the State of named in subparagraph 1 hereof are not * and all rights to demand, enforce and Kansas, evidenced by certificate number within a designated enemy country, the collect the same, national interest of the United States A341135, registered in the name of Laden­ requires that such persons be treated as is property within the United States burg, Thalmann & Co., 25 Broad Street, nationals of a designated enemy coun­ owned or controlled by, payable or de­ New York, New York, and'presently in try (Germany). liverable to, held on behalf of or on the custody of the aforesaid Ladenburg, All determinations and all action re­ account of, or owing to, or which is evi­ Thalmann & Co., together with all de­ quired by law, including appropriate con­ dence of ownership or control by, the clared and unpaid dividends thereon, sultation and certification, having been, aforesaid national of a designated enemy is property within the United States made and taken, and, it being deemed country (Germany); owned or controlled by, payable or deliv­ necessary in the national interest, and it is hereby determined: erable to, held on behalf of or on account There is hereby vested in the Attorney 3. That to the extent that the person of, or owing to, or which is evidence of General of the United States the prop­ named in subparagraph 1 hereof is not ownership or control by, the personal erty described above, to be held, used, within a designated enemy country,, the representatives, heirs,'next of kin, lega­ administered, liquidated, sold or other­ national interest of the United States re­ tees and distributees of Elizabeth Giesler, wise dealt with in the interest of and quires that such person be treated as a deceased, the aforesaid nationals of a for the benefit of the United States. national of a designated enemy country designated enemy country (Germany); The terms “national” and “designated (Germany). and it is hereby determined: enemy country” as used herein shall have All determinations and all action re­ 3. That to the extent that the personal the meanings prescribed in section 10 of quired by law, including appropriate con­ representatives, heirs, next of kin, lega­ Executive Order 9193, as amended. sultation and certification, having been tees and distributees of Elizabeth Giesler, Executed at Washington, D. G., on made and taken, and, it being deemed deceased, are not within a designated April 30, 1947. necessary in the national interest/ enemy country, ]bhe national interest of 3164 NOTICES

the United States requires that such per­ rights in, to and under the aforemen­ [Vesting Order 8912] sons be treated as nationals of a desig­ tioned certificates of deposit, nated enemy country (Germany). d. That certain certificate of deposit Christina Margaret Natschiff All determinations and all action re­ number NB 636, representing four (4) In re: Real property owned by Chris­ quired by law, including appropriate con­ Chicago Rapid Transit Company First tina Margaret Natschiff, also known as sultation and certification, having been Mortgage and Refunding 6%% Bonds, Christina M. Natschiff, and as Christina made and taken, and, it being deemed of $1,000.00 face value, bearing the num­ Margaret Natscheff, and as Christina M. necessary in the national interest, bers 2664, 3492, 452, 10686, which certifi­ Natscheff, and as C. M. Natscheff. There is hereby vested in the Attorney cate'of deposit is presently in the custody Under the authority Of the Trading General of the United States the property of The National City Bank of New York, with the Enemy Act, as amended, Execu­ described above, to be held, used, admin­ 55 Wall Street, New York, New York, and tive Order 9193, as amended, and Execu­ istered, liquidated, sold or otherwise dealt any and all rights in, to and under the tive Order 9788, and pursuant to law, with in the interest of and for the benefit aforementioned certificate of deposit, after investigation, it is hereby found: of the United States, and 1. That Christina Margaret Natschiff, The terms “national”, and “designated e. -Those certain bonds described in also known as Christina M. Natschiff, enemy country” as used herein shall have Exhibit A, attached hereto and by refer­ and as Christina Margaret Natscheff, the meanings prescribed in section 10 -of ence made a part hereof, registered in and as Christina M. Natscheff, and as Executive Order 9193, as amended. the manner set forth in Exhibit A, and C. M. Natscheff, whose last known ad­ Executed at Washington, D. C., on presently in the custody of The National dress is Dresden, Germany, is a resident April 30, 1947. City Bank of New York, 55 Wall Street, of Germany and a national of a desig­ New York, New York, together with any nated enemy country (Germany); For the Attorney General. and all rights thereunder and thereto, 2. That the property described as fol­ [seal] Donald C. Cook, is property within the United States lows: Real property situated at Keopuka Director. 2, District of South Kona, Island, T. H., owned or controlled by, payable or de­ particularly described in Exhibit A, at­ [F. R. Doc. 47-4538; Filed, May 13, 1947;' liverable to, held on behalf of or on ac­ tached hereto and by reference made a 8:50 a. m.] count of, or owing to, or which is evi­ dence of ownership or control by, the part hereof, together with all heredita­ aforesaid nationals of a designated en­ ments, fixtures, improvements and ap­ purtenances thereto, and any and all emy county (Japan); claims for rents, refunds, benefits or [Vesting Order 8844] and it is hereby determined: other payments arising from the owner­ D aisy Vivanti Lemke and Walter Lemke 3. That to the extent that the persons ship of such property, named in subparagraph 1 hereof are not In re: Bank account, stock, bonds and within a designated enemy country, the is property within the United States certificates of deposit owned by Daisy national interest of the United States owned or controlled by, payable or de­ Vivanti Lemke and Walter Lemke. F- requires that such persons be treated as liverable to, held on behalf of or on 28-593-A-l, F-28-593-E-1. nationals of a designated enemy country account of, or owing to, or which is evi­ Under the authority of the Trading (Japan). dence of ownership or oontrol by, the with the Enemy Act, as amended, Execu­ All determinations and all action re­ aforesaid national of a designated enemy tive Order 9193, as amended, and Execu­ quired by law, including appropriate country (Germany); tive Order 9788, and pursuant to law, consultation and certification, having and it is hereby determined: , after investigation, it is hereby found: been made and taken, and, it being 3. That to the extent that the person 1. That Daisy Vivanti Lemke and deemed necessary in the national in­ named in subparagraph 1 hereof is not Walter Lemke, whose last known ad­ terest, within a designated enemy country, the dresses are 8 Marunouchi, 3 Chome, There is hereby vested in the Attorney national interest of the United States Tokyo, Japan, are residents of Japan and General of the United States the prop­ requires that such person be treated as nationals of a designated enemy country erty described above, to be held, used, a national of a designated enemy coun­ (Japan); administered, liquidated, sold or other­ try (Germany). 2. That the property described as fol­ wise dealt with in the interest of and for All determinations and all action re­ lows: the benefit of the United States. quired by law, including ‘appropriate a. That certain debt or other obliga­ The terms “national” and “designated consultation and certification, having tion owing to Daisy Vivanti Lemke and enemy country” as used herein shall been made and taken# and, it being Walter Lemke, by The National City have the meanings prescribed in section deemed necessary in the national in­ Bank of New York, 55 Wall Street, New 10 of Executive Order 9193, as amended. terest, York, New York, arising out of a clean Executed at Washington, D. C., on There is hereby vested in the Attorney credit deposit account, entitled Mr. April 30, 1947. General of the United States the prop­ Walter Lemke &/or Mrs. Daisy Vivanti erty described above, subject to recorded Lemke, and any and all rights to de­ For the Attorney General. liens, encumbrances and other rights of mand, enforce and collect the same, record held by or for persons who are not b. Ten (10) shares of no par value [seal] Donald C. Cook, nationals of designated enemy countries, $5.00 preferred capital stock of American Director. to be held, used, administered, liquidated, Power & Light Company, 2 Rector Street, E x h ibit A sold or otherwise dealt with in the in­ New York, New York, a corporation or­ terest of and for the benefit of the United ganized under the laws of the State of States. Number of bonds and F ace N u m ­ Registered Maine, evidenced by certificate number description of issue va lu e bers in n am e The terms “national” and “designated 01087, registered in the name of Hurley of— enemy country” as used herein shall have & Co., and presently in the custody of the meanings prescribed in section 10 of The National City Bank of New York, 55 Four (4) Republic of Chile $1,000.00 6573 H u rley

E xh ibit A

C olu m n 1 C olu m n 2 C olu m n 3 C olu m n 4 C olu m n 5 .¿r Column 6 N a m e Country or territory Action or proceeding P roperty D ep ositary Sum vested

' Item 1 C a r lH a e e n ______Estate of August Hagen, deceased, Probate $1, 399. 76 The County Treasurer of Cook County, $59.00 Court, Cook County, Chicago, 111.; file Chicago, 111. 43 P 3968, docket 422, p. 288.

Item £ Wilhelm Hagen ...... S am e______.... 1,399. 76 59.00 Item S Chisten Sorensen...... E sta te of Ellen M. Christensen, deceased, 1.195.18 ...... d o ______>______25.00 Probate Court, Cook County, Chicago, 111.; file 39P 3015; docket 384, p. 101.

Item 4 Lauritz Peter Sorensen....:.., S am e...... 149.50 5.00 Item 6 Frederik Sorensen...... S am e...... 149.50 5.00 Item 6 Ebbe Sorensen...... 149.40 5.00 Item 7 Waldemar Sorensen...... S am e...... •-...... 149.40 5.00 Item 8 Maren Sorensen Stark ...... S am e...... 149.40 5.Ó0 . Item 9 Soren Larsen Sorensen...... S am e...... 1.195.18 25. 0Q^ Item IQ Christen Sorensen...... Sam e...... 149.40 5.00- • Item 11 Marie Sorensen...... S a m e...... 1.195.19 25.00 Item IS Filippa Bruno...... Ita ly ...... Estate of Sam Bruno, deceased, Probate 2,503.32 Mr. Louis E. Nelson, treasurer, Cook 104.00 Court of Cook County, Chicago, 111.; file County, County Bldg., Chicago, 111. 42 P 1952, docket 411, p.97.

Item IS Francesca Bruno...... Same______2,503. 32 104.00 Item H Marie Zeman a/k/a Marie Ze- Czechoslovakia_____ Estate of Joseph Melichar, deceased, Pro­ 1,862.35 Treasurer of Cook County, County Bldg., 117.00 manova, nee Melichar (Me- - m bate Court, Cook County, 111.; docket Chicago. 111. licharova). 416, p. 380, file 42 P 7481.

Item IS Isadora Orlando...... Joseph Orlando and Paul Orlando vs. Sal­ 681.07 Henry L. Berger, circuit clerk, Circuit 88.00 vatore J. Orlando, et al., Circuit Court, Court of the City of St. Louis, Mo. City of St. Louis, Mo., No. 96123.

, Item 16 Francisco Randazzo...... Same..’...... 113.52 15.00 m Item 17 Anthony Randazzo...... Same...... 113.51 15.00 , Item 18 Matteo Randazzo...... Same...... 113.51 15.00 Item 19 Pino Randazzo...... Same...... 113.51 15.00 Item £0 Marie Lo Dato...... Same...... 113.51 15.00 Item £1 Gina Marconi...... Same...... 113.51 15.00 Item £8 Sam Orlando...... Same...... 113.51 15.00 „ Item fS Jack Orlando...... Same...... 113.51 15.00 Item £4 FiliDDa Orlando______Same...... 113.51 15.00 Item £6 Louise Cusumano______Same______113.51 15.00 Item £6 Fatrina Cusumano...... Same...... 113.51 15.00

{P. R. Doc. 47-4541; Filed, May 13, 1947; 8:61 a. m.J