FEDERAL RESIST * 9 3 4 ^ VOLUME 12 NUMBER 125 ^ A f/ T E D ^ Washington, Thursday, June 26,1947

TITLE 3— THE PRESIDENT performance of their duties and may as­ CONTENTS sign or detail such personnel under their EXECUTIVE ORDER 9868 respective jurisdictions, including mem­ THE PRESIDENT bers of the armed forces, as may be re­ Appointment op Members of a Military quested for tlie purpose. Personnel'so Executive Order Pase T ribunal E stablished for the T rial assigned or detailed shall receive such Military tribunal established for and P unishment of Major W ar C rimi­ compensation and allowances for ex­ nals in Germany trial and punishment of major penses as may be determined by the war criminals in Germany, ap­ By virtue of the authority vested in Secretary of War and as may be payable pointment of members.______4135 me by the Constitution and the-statutes, from appropriations or funds available and as President of the United States to the War Department for such pur­ EXECUTIVE AGENCIES and Commander in Chief of the Army poses, except that personnel assigned br and Navy of the United States, it is detailed from the Navy Department shall Agriculture Department ordered as follows: receive such compensation and allow-, Proposed rule making; ances for expenses to which they may Milk handling: 1. I hereby designate Edward Francisbe entitled by reason of their military Cleveland, Ohio, area______4153 Carter, Associate Justice of the Supreme grade and service and as may be payable . Columbus, Ohio, area____ _ 4147 Court of the State of Nebraska, and from appropriations or funds available Tri-State area.______.___ 4144 Curtis Grover Shake, former Judge of to the Navy Department for such pur­ Tobacco stock and standards'; the Supreme Court of the State of In­ poses. establishment of Type 31-V diana, as members of one of the several Harry S. T ruman under Class 3, air-cured military tribunals established by the tobacco______4144 Military Governor for the United States T he W hite House, Rules and regulations: Zone of Occupation within Germany pur­ June 24,1947. Peas and cauliflower, fresh, in suant to the quadripartite agreement of [P. R. Doc. 47-6101; Piled, June 25, 1947; Colorado______4135 the Control Council for Germany, en­ 11:15 a. m.j acted December 20, 1945, as Control Alien Property, Office of Council Law No. 10, and pursuant to Ar­ Notices: ticles 10 and 11 of the Charter of. the In­ TITLE 7— AGRICULTURE Vesting orders, etc.: ternational Military. Tribunal, which tri­ Beal, Henry J______4159 bunal was established by the Government Chapter IX— Production and Mar- Bruckner-Tyler, Margaret C_ 4160 of the United States of America, the Pro­ . keting Administration (Marketing Hashimoto, Kazuichi______4159 visional Government-of the French Re­ Agreements and Orders) Hear ley, Clarence A______-4161 public, the Government of the United Hoshino, Tatsuji______4159 Kingdom of Great Britain and Northern P art 910—F resh P eas and Cauliflower Kohler, Victor, and Ursula Ireland, and the Government of the Grown in Alamosa, R io G rande, Cone­ Kohler------4159 Union of Soviet Socialist Republics, for jo s, Costilla, and Saguache Counties Kolbe, Joachim______;_____ 4160 the trial and punishment of major war in Colorado Martin, Mary______4157 criminals of the European Axis. Such It is hereby ordered that the rules and Nichibei Kinema Co______4157 members may, at the direction of the and regulations, hereinafter set forth, be Saulnier, Raymond, and Standard Brands, Inc___ _ 4157 Military Governor of the United States published in the F ederal R egister. These Zone of Occupation, serve on any of the rules, and regulations are issued pursuant Yoshimoto, Marie Therese__ 4161 several military tribunals above men­ to the provisions of Marketing Agree­ Child Labor and Youth Employ­ tioned, which tribunals are a component ment No. 67, as amended, and Order ment Branch part of the military occupational forces No. 10, as amended (7 CFR, Cum. Supp., Rules and regulations: of the United States, and upon which the 910.1 et seq.), regulating the handling of State certificates, acceptance; members designated herein shall perform fresh peas and cauliflower grown in the designation of States______4139 active service during the period of their counties of Alamosa, Rio Grande, Cone­ Civil Aeronautics Board designation. jos, Costilla, and Saguache in the State 2V The Hiembers herein designated of Colorado, effective under the Agricul- Proposed rule making: shall receive such compensation and al­ utral Marketing Agreement Act of 1937, Certificates authorizing inter­ state or overseas air trans- lowances for expenses as may be deter­ as amended (48 Stat. 31, 670, 675; 49 mined by the Secretary of War and as • portation; terms, conditions, Stat. 750; 50 Stat. 246; 7 U. S. C. 601 et and limitations-______4155 may be payable from appropriations or seq.) The provisions hereof are issued funds available to the War Department Federal Communications Com-. by the Administrative Committee estab­ for such purposes. mission 3. The Secretary of State, the Secre­ lished under the amended marketing agreement and' order as the agency to Notices: tary of War, the Attorney General, and Hearings, etc.: the Secretary of the Navy are author­ administer the terms and provisions thereof. The provisions are prescribed Dekalb Radio Studios______4163 ized to provide appropriate assistance to Flint Broadcasting Co______4164 the members herein designated in the (Continued on p. 4137) Interlake Broadcasting Corp_ 4163 4135 4136 RULES AND REGULATIONS

CONTENTS— Continued CONTENTS— Continued Indian Affairs, Office of Pa£e Wage and Hour Division Pa£e FEDERAfijpEGISTER Rules and regulations: Notices: San Carlos Indian Irrigation Advisory Committee on Shel­ Project, Arizona; operation tered Workshops; acceptance Published daily, except Sundays, Mondays, and maintenance charges__ 4138 of resignation and appoint­ and days following official Federal holidays, Interstate Commerce Commis­ ment ______— “ 4162 by the Division of the Federal Register, the Proposed rule making: National Archives, pursuant to the authority sion Special Industry Committee No. contained in the Federal Register Act, ap­ Notices: 5 for Puerto Rico; public proved July 26, 1935 (49 Stat. 500, as Cars, reconsignment at - St. hearing to receive evidence for amended; 44 U. S. G., ch. 8B ), under regula­ Louis, Mo______4165 tions prescribed by the Administrative Com­ consideration in recommend­ mittee, approved by the President. Distribu­ Machinery, unloading at Ameri- ing minimum wage rates for tion is made only by the Superintendent of cus, Ga______4165 employees in various indus- Documents, Government Printing Office Rules and regulations: . tries (Corr.)______4155 Washington 25, D. C. Car service: War Assets Administration The regulatory material appearing herein is Box cars, free time______4142 keyed to the Code of Federal Regulations, Demurrage charges: Rules and regulation»: which is published, under 50 titles, pursuant Disposal agency offices for filing to section 11 of the Federal Register Act, as Box cars, closed______4142 amended June 19, 1937. Gondola, open and covered declarations of surplus prop­ The F ederal R egister will be furnished by hopper cars______4143 erty by owning agencies, lo­ mail to subscribers, free of postage, for $1.50 State Belt Railroad of cation______4139 per month or $15.00 per year, payable in ad­ California------___ 4142 War Department vance. The charge for individual copies Empty cars, movement; ap­ (minimum 15*) varies in proportion to the Rules and regulations: size of the issue. Remit check or money pointment of agent______4142 Grain cars, distribution____ 4142 Decorations, medals, ribbons, order, made payable to the Superintendent etc. (Corr.)______4137 of Documents, directly to the Government Icing at Roseville, San Jose or Printing Office, Washington 25, D. C. Stockton, Calif_—•______4143 There are no restrictions on the republica­ Lumber* restrictions on re­ CODIFICATION GUIDE tion of material appearing in the Federal consigning______4143 R egister. Terminals; joint use at Louis­ A numerical list of the parts of the Code ville, Ky., for livestock___ _ 4143 of Federal Regulations affected by documents published in this issue. Proposed rules, as Post Office Department opposed to final actions, are identified as 1946 SUPPLEMENT such in parentheses. Rulés and regulations: to the Procedures before Solicitor; Title 3— The President PaBe rules of practice in cases aris­ Chapter H—Executive Orders: CODE OF FEDERAL ing under postal fraud, lottery 9868------•______4135 REGULATIONS and fictitious statutes______4141 Title 7— Agriculture Reclamation Bureau The following books are now Chapter I —Production and Mar­ available: Notices: keting Administration First form reclamation with­ Book 7: Titles 1 through 8, (Standards, Inspections, Mar­ drawals: keting Practices) : including, in Title 3r Presiden­ Missouri River Project, Wyo- Part 30—Tobacco stocks and tial documents in full text with ming ______4162 Upper Burnt River Project, standards (proposed)______4144 appropriate reference tables and Chapter IX-—Production and Mar­ index. Oregon-______4162 Water service, temporary; Buf­ keting Administration. (Mar­ Book 2: Titles 9 through 20. falo Rapids Irrigation Proj­ keting Agreements and These books may be obtained from the ect, Montana______4162 Orders) : Superintendent of Documents, Govern­ Part 910—Fresh peas and cauli­ ment Printing Office, Washington 25, D. C., Securities and Exchange Com­ flower. grown in Alamosa, Rio at $3.50 per copy. mission' Grande, Conejos, Costilla, and Saguache Counties, Calif__ _ 4135 A limited sales stock ef the 1945 Notices: Hearings, etc.: Part 972—Milk in Tri-State Supplement (4 books) is still available marketing area (proposed)__ 4144 at $3 a book. American Water Works and Part 974—Milk in Columbus, Electric Co., Inc______4166 Ohio, marketing area (pro­ Federal Water and Gas Corp. posed) ______4147 and Scranton-Spring Brook CONTENTS— Continued Part 975—Milk in Cleveland, Water Service Co______4166 Ohio, marketing area (pro­ Federal Communications Com- Proposed rule making: posed) ______-,______4153 PaSe Transactions relating to con­ mission— Continued tracts, and purchase, sale or Title 10—-Army: War Depart­ Notices—Continued borrowing; exemption______4156 ment Hearings, etc.—Continued Rules and regulation^ : Chapter VII—Personnel: KFEQ, Inc., and WHB Forms prescribed; application Broadcasting Co______4164 Part 708—Decorations, medals, KIUL------4165 for registration of- securities ribbons and similar devices_4137 Tower Realty Co______4164 for corporations. ______4187 Title 14— Civil Aviation Windham Broadcasting Co— 4163 Treasury Department Chapter I—Civil Aeronautics Federal Power Commission Rules and regulations: Board: Notices: Exemption from taxes: Part 208—Mail' transportation Hearings, etc.: Safe deposit boxes and trans­ and service (proposed)____ * 4155 Tennessee Gas and Trans- portation and communica- * Part 238—Certificates of public mission Co______4165 tions services______4139 convenience a n d necessity White River Power Co______4165 Transportation of property— 4139 (proposed)______4155 Thursday, June 26, 1947\ FEDERAL REGISTER 4137 CODIFICATION GUIDE— Con. the agreement and order shall be ad­ and give the reasons therefor. Each cer­ dressed to Administrative Committee, tificate of exemption issued by the com­ Title 17— Commodity and Se- Pa8® Alamosa, Colorado. mittee shall contain the producer’s name curities Exchanges § 910.101 Definitions. Marketing and address; the location of the field with Chapter II—Securities and Ex- agreement means Marketing Agreement respect to which the exemption . is change Commission: No. 67, as amended, and order means granted; the particular grade and size Part 249—Forms prescribed un­ Order No. 10, as amended, regulating regulations from which exempted; the der the Securities Exchange the handling of fresh peas and cauli­ amount of the commodity which may be Act of 1934______4137 flower grown in the counties of Alamosa, shipped by virtue of such exemption ; and Part 270—Rules and regula­ Rio Grande, Conejos, Costilla, and Sa­ such other information as may be neces­ tions, Investment Company guache in the State of Colorado. Terms sary to evidence the rights of the pro­ Act of 1940 (proposed)__ _ 4156 defined in the marketing agreement and ducer to ship peas or cauliflower which Title 25— Indians the order shall, when used herein, have do not meet the requirements of particu­ Chapter I—Office of Indian Af­ the same meaning as set forth in the lar grade and size regulations. Each fairs, Department of the In­ marketing agreement and the order. certificate of exemption shall be trans- « terior: ferable, in whole or/inpart, with the com­ § 910.107 Exemption certificates— Ca) modity in accordance with the amount of Part 130—Operation and main­ Application. Any producer applying for tenance charges______4138 the commodity transferred. exemption from any grade or size regu­ (d) Records. All forms, reports, corre­ Title 26— Internal Revenue lations issued under the marketing spondence, and documents used pursuant Chapter I—Bureau of Internal agreement and order shall make appli­ to these rules and regulations shall be Revenue, Department of the cation for such exemption on forms to kept on file in the Administrative Com­ Treasury: be, furnished by the Administrative mittee’s office; and a record shall be Part 130—Taxes on safe deposit Committee. Such • application shall maintained by the manager of such com­ boxes and on certain trans­ state: mittee, together with a record of all portation and communica­ (1) Name and address of the pro­ shipments made under exemption certifi­ tions services______4139 ducer; cates. A record of all exemption certifi­ Part 143—Tax with respect to (2) Location of the field with respect cates issued shall be furnished weekly by , the transportation of prop­ to which exemption is requested; the manager to the representative of the erty------4139 (3) Amount, if any, of peas or cauli­ Secretary of Agriculture. Title 29— Labor flower harvested from such field during the then current season; and Done a t Washington, D. C., this 20th Chapter IV—Child Labor and day of June 1947. Youth Employment Branch, (4) Producer’s estimate of the quantity Department of Labor: of the particular crop remaining to be [ seal] Clinton P. Anderson, Part 402—Acceptance of State harvested. Secretary of Agriculture. (b) Federal-State Inspector report. certificates ______4139 [F. R. Doc. 47-6011; Filed, June 25, 1947; Chapter V—Wage and Hour Divi­ Each request filed with the Administra­ 8:51 a. m.] sion, Department of Labor: tive Committee shall be accompanied by Proposed rule making______4155 a report of a Federal-State Inspector which shall contain the following: (1) A TITLE 10— ARMY: WAR Title 32— National Defense statement of the inspector that he per­ Chapter X X III—War Assets Ad­ sonally visited the field with respect to DEPARTMENT ministration : which exemption is requested and that Part 8301—Designation of dis­ a representative sample of such crop was Chapter VII— Personnel posal agencies and procedures ..taken by him; (2) a statement of the P art 708—Decorations, M edals, R ibbons for reporting surplus proper­ percentage of such crop which meets the and Similar Devices ty located within the conti­ required grade and size regulations then nental United States, its ter­ in effect; and (3) a statement of the de­ Correction ritories and possessions____ 4139 fects or damage causing such crop to fail In Federal Register Document 47-5852, Title 39— Postal Service to meet such grade and size require­ appearing at page 4019 of the issue for Chapter I—Post Office Depart- a ments. In the event a Federal-State In­ Saturday, June 21,1947, the third line of ment: spector submits the statements required § 708.4 (a) should read: "tion or when Part 51—Procedures before the by subparagraphs (2) and (3) of this the decoration is to be awarded”. Solicitor______4141 paragraph with respect to a field of Title 49— Transportation and peas and percentage of the crop meet­ ing the grade and size regulations and TITLE 17— COM M ODITY AND Railroads the defects or damage specified shall not Chapter I—Interstate Commerce include peas which are immature or over­ SECURITIES EXCHANGES Commission : ripe. The Manager for the Administra­ Chapter II— Securities and Exchange Part 95—Car service (8 docu­ tive Committee may make such investi­ Commission ments)------4142,4143 gation as he deems necessary to deter­ Part 96—Joint use of terminals. 4143 mine whether the exemption requested P art 249—F orms P rescribed U nder the» should be granted. Securities E xchange Act of 1934 (c) Issuance of certificate. When­ application for registration of pursuant to section 5 of the marketing ever the Administrative Committee finds securities for corporations agreement and § 910.7 of this part. and determines from proof satisfactory Sec. to the committee that the applicant is The Securities and Exchange Commis­ 910.100 General. entitled to an exemption certificate, the sion, acting pursuant to authority con­ 910.101 Definitions. committee shall issue, or authorize the is­ ferred upon it by the Securities Ex­ 910.107 Exemption certificates. suance of, an exemption certificate which change Act of 1934, particularly sections shall permit the applicant to ship or Authority: §§ 910.100, 910.101 and 910.107, 12 and 23 (a) thereof, and deeming such issued under 48 Stat. 31, 670, 675; 49 Stat. cause to be shipped that quantity of the action necessary and appropriate in the 750; 50 Stat. 246; 7 U. S. C. 601 et seq.; 7 regulated grades and sizes of peas or CFR, Cum. Supp., 910.1 et seq. cauliflower as will enable him to ship or public interest and for the protection of cause to be shipped as large a percentage investors, and necessary for the execu­ § 910.100 General. Unless otherwise of his peas or cauliflower as the average tion of the functions vested in it by the provided in the marketing agreement percentage for all producers, as deter­ said act, hereby amends the Instruction and the order or by specific direction of mined by the committee. If the commit­ Book for Form 10 (17 CFR 249.210) for the Administrative Committee, all re­ tee determines that the applicant is not Corporations. by amending the instruc­ ports, applications, submittals, requests, entitled to an exemption certificate it tions to Item 36 to read as set forth and communications in connection with shall so advise the applicant in writing, below. 4138 RULES AND REGULATIONS

Inasmuch as the amendment merely (a) The business of the registrant, -either Carlos Irrigation and Drainage District. deletes obsolete provisions and involves directly or through subsidiaries, is primarily Among other things the District pointed that of a common carrier by rail; and out that in- order for it to comply with no substantial change in the require­ (b) The registrant, directly or indirectly, ments of the form and instructions, and required procedure for the levying of operates the properties of subsidiaries the assessments against non-Indian land in view of the desirability of having the accounts of which are not consolidated; no instructions clarified immediately, the separate financial statements for such sub­ owners it would be necessary that any Commission finds that the giving of no­ sidiaries need be furnished: Provided, change in the amount of the assessment tice and the public rule-making pro­ (i) The operations of the properties of be made prior to March 1 of the calendar cedures specified in sections 4 (a) and such subsidiaries are included with the op­ year preceding the year the change would (b) of the Administrative Procedure Act erations of the registrant in the latter's profit become effective. The objection has are unnecessary and declares the amend­ and loss statements; been duly considered and the date of (ii) The investment of the registrant in March 1, 1947 having passed it appears ment effective immediately pursuant to such subsidiaries is detailed in a schedule section 4 (c) of the act. referred to in the balance sheet of the regis­ that to make the new rate effective for trant; and the additions and betterments 1948 customary procedure for reflecting Item 36. Financial statements. A r«gis- the increase on the County tax rolls of » trant shall furnish the following financial made by the registrant in respect of such statements: subsidiaries are shown separately on the non-Indian lands could not be followed. (a) Its balance sheet and its profit and loss balance sheet of the registrant; It is accordingly determined that the statement: Provided, however, That in lieu of (iii) a footnote is added to the balance proposed increase should be made to the profit and loss statement required by this sheet of the registrant briefly setting forth become effective in 1949. By virtue, subparagraph there may be submitted a by totals the securities of such subsidiaries therefore, of Authority delegated to me profit and loss statement consolidating the held by persons other than the registrant, by the Commissioner of Indian Affairs accounts of the registrant and one or more and the obligations of such subsidiaries owing to persons other than the registrant; (25 CFR 02.8) the said sections are of its subsidiaries, if all the following condi­ hereby amended to read as follows: tions are met: and (1) The registrant is primarily an operat­ (iv) Schedules are filed setting forth in § 130.63 Assessments, joint works. ing company; * reasonable- detail the securities and obliga­ tions described in subparagraph (iii). Pursuant to the act of Congress approved (2) Other than directors’ qualifying shares, June 7, 1924 (43 Stat. 476) and supple­ all classes of outstanding securities of the N o t e : Regulation S-X (17 CFR 210) gov­ mentary Acts, and the repayment con­ subsidiaries whose accounts are included in erns the certification, form and content of such statement are owned in their entirety the balance sheets, and profit and loss state­ tracts of June 8, 1931, as amended, be­ directly by the registrant; ments required, including the basis of con­ tween the United States and the San (3) Such subsidiaries owe no long-term or solidation and prescribes the statements of Carlos Irrigation and Drainage District, . funded debt to persons other than the regis­ surplus and the schedules to be filed in sup­ and in accordance with applicable pro­ trant^ port thereof. visions of the Order of the Secretary of (4) Such subsidiaries are in practical ef­ the Interior of June 15, 1938 (25 CFR fect, Operating divisions of the registrant; (Secs. 12, 23 (a), 48 Stat. 892, 901; 15 130.69a-130.69m), the cost of the oper­ and U. S. C. 781, 78w) (5) There is submitted, in addition to the ation and maintenance of the Joint balance sheets required in this paragraph and The foregoing amendment shall be­ Works of the San Carlos Indian Irri­ by subparagraph (b) below, a balance sheet come effective June 19, 1947. gation Project for the fiscal year 1949 is consolidating the assets and liabilities of the By the Commission. estimated to be $80,000 and the rate of registrant and such subsidiaries only. assessment for the .said fiscal year anfi (b) A consolidated balance sheet and a [seal] Orval L. DuB ois, subsequent years until further order is consolidated profit and loss statement (or Secretary. hereby fixed at 80 cents for each acre of ' income statement), prepared in accordance J une with the rules of consolidation given below. 18, 1947. land. (c) .For subsidiaries not consolidated in [F. R. Doc. 47-5996; Filed, June 25, 1947; This per acre rate shall be assessed the consolidated balance sheet, in which the 8:48 a. m.] against the entire 100,000 acres of project registrant owns directly or indirectly se­ lands under constructed works and shall curities representing more than 50 percent include the cost of the administration of of the voting power other than as affected TITLE 25— INDIANS the Gila River Decree, but shall be ex­ by events of default, submit either (i) sep­ clusive of the costs of operating and arate sets of statements in which all such Chapter I— Office of Indian Affairs, maintaining the electric power generat­ subsidiaries are consolidated or combined in Department of the Interior one or several groups, or (ii) individual ing plant at Coolidge Dam, the diesel statements for each such subsidiary not in­ Subchapter L— Irrigation Projects: Operation and plant at Coolidge, and the power trans­ cluded in (i) above. These statements#need Maintenance mission and distribution systems, which not be furnished when the aggregate in­ costs are payable from power revenues. vestments not consolidated are not signifi­ P art 130—Operation and Maintenance The assessment against the lands of cant in respect of (1) the assets they rep­ Charges the San Carlos Irrigation and Drainage resent, and (2) the sales or operating rev­ enues of such nonconsolidated subsidiaries. SAN CARLOS INDIAN IRRIGATION PROJECT, District, for the fiscal year 1949 and sub­ The financial statements required above ARIZONA sequent years until further order, is pay­ able on March 1 in advance of each fiscal shall be as follows: On April 15 there was published in the 1. The balance sheets required shall be as year, as provided in §§. 130.69a to 130.69m, of the close of the registrant’s (or, in the daily issue of the F ederal R egister (12 inclusive. Payment of the assessment case of an unconsolidated subsidiary, of such F. R.-2439) a notice of intention to amend against the 50,000 acres of Indian land subsidiary’s) most recent fiscal year, unless §§ 130.63 and 130.110 (1) by increasing will be as provided in §§ 130.110 to such fiscal year has expired within 90 days the estimated cost of operating and 130.116, inclusive. prior to the date of filing of the application maintaining the Joint Works of the Sun with the exchange, in which case, at the op­ Carlos Indian Irrigation Project to § 130.110 Basic charge. Pursuant to tion of the registrant, they may be as of the $80;000 annually, and (2) by increasing the provisions of section 10 of the act of close of the preceding fiscal year; and the rate of assessments „against the In ­ March 3,1905 (33 Stat. 1081), as amended 2. The profit and loss statements required and supplemented by the acts of August shall be those for the fiscal years as of the dian lands of the project to $2.50 per acre close of whjch the respective balance sheets per annum for the delivery of not more 24, 1912 (37 Stat. 522), August 1, 1914 are furnished, and for the 2 preceding fiscal than two acre feet of water per acre, (38 Stat. 583, Title 25, U, S. C. 385), sec­ years, or, if the registrant (or unconsolidated effective for the calendar year 1948 and tion 5 of the act of June 7,1924 (43 Stat. subsidiary) has been in business less than 3 thereafter until further notice. Inter­ 476), March 7, 1928 (45 Stat. 210, Title years, then for such period as it has been in ested parties were given opportunity- to 25, U. S. C. 387), and the act of August 9, business tip to the date of its respective participate in preparing amendments by 1937 (50 Stat. 577), as amended by the balance sheet. submitting data or written arguments act of May 9, 1938 (52 Stat. 291-305), The financial statements required shall within thirty days from date of publica­ and in accordance with the public notice be accompanied by a certificate of an inde­ issued on December 1, 1932, operation pendent public or independent certified pub­ tion of the notice. lic accountant or accountants. Objections to the proposed.increase in and maintenance charges are assessable In case both of the following condition* the estimate of assessments against Joint against the 50,000 acres of tribal, lands exist: Works land were received from the San and trust patent Indian lands of the San Thursday, June 26, 1947 FEDERAL REGISTER 4139 Carlos irrigation project within the TITLE 29— LABOR property by owning agencies, (a) Dis­ boundaries of the Pima Indian Reserva­ posal agencies shall notify the Admin-, tion, Arizona, and the basic rate assessed Chapter IV-— Child Labor and Youth istrator whenever a change is made in for the calendar year 1949 and subse­ Employment Branch the location of any office at which dec­ quent years unless changed by further [Reg. 28] . larations of surplus property are di­ order, is hereby fixed at $2.50 per acre. rected to be filed. All such changes will Sueh rate shall entitle each acre of land P art 402—Acceptance of State be carried into this order by amendment. to have delivered for use thereon two (2) Certificates (b) Changes in the procedures for fil­ acre-feet of water per acre or its propor­ DESIGNATION OF STATES ing declarations of surplus prescribed in tionate share of the - available water this order'may be made on application supply annually. § 402.1 Designation of States. Pur­ to the Administrator. (33 Stat. 1081, secs. 1, 3, 36 Stat. 270, as suant to the provisions of § 401.5,1 I (c) Except as provided in paragraph amended, 37 Stat. 522, 38 Stat. 583, 43 hereby designate the following States as (d), declarations of surplus personal Stat. 476, 45 Stat. 210, as amended, 50 States in which State age, employment, property located in the continental Stat. 577, 52 Stat. 304; 25 U. S. C. 385, or working certificates or permits shall United States shall be filed at the follow­ 387) have the same force and effect as Fed­ ing offices of the appropriate disposal W m. H. Zeh, eral certificates of age under the Fair agencies: Labor Standards Act of 1938, c. 676, 52 District Director. ar ssets dministration Stat. 1060, 29 U. S. C., sec. 201: W A A [P. R. Doc. 47-6002; Piled, June 25, 1947; CAPITAL AND PRODUCERS GOODS AND CONSUMER 8:49 a. m.] Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of GOODS Colombia, Florida, Georgia, Hawaii, Illinois, (Except aircraft and aircraft parts and Indiana, Iowa, Kansas, Kentucky, Louisiana, electronic equipment) TITLE 26— INTERNAL REVENUE Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Area and Address Chapter I— Bureau of Internal Reve­ Nevada, New Hampshire, New Jersey, New Region 1. Boston, Mass. (Address— nue, Department of the Treasury Mexico, New York, North Carolina, North 600 Washington St., Boston, Mass.) Ter­ Dakota, Ohio, Oklahoma, Oregon, Pennsyl­ ritory: Connecticut- (exclusive of Fair- P art 130—T axes on Safe Deposit B oxes vania, Puerto Rico, Rhode Island, South field County), Maine, Massachusetts, New and on Certain T ransportation and Dakota, Tennessee, Utah, Vermont, Virginia, Hampshire, Rhode Island, Vermont. Communications S ervices Washington, West Virginia, Wisconsin, and Wyoming. Region 2. New York, N. Y. (Address— P art 143—T ax W ith R espect to the 37 Broadway, New York, N. Y .). Terri­ This designation shall be effective T ransportation of P roperty tory: Connecticut (Fairfield County from July 1,1947 until June 30,1948, un­ only); New Jersey (northern part) EXEMPTION FROM TAXES less this regulation is amended or re­ Counties of: Bergen, Essex, Hudson, pealed by regulation hereafter made and ' J une 20, 1947. Hunterdon, Middlesex, M o n m o u t h, published by the Secretary of Labor. By virtue of the authority vested in Morris, Passaic, Somerset, Sussex, Union, me by section 307 Cc) of the Revenue (Sec. 12, 52 Stat. 1067; 29 U. S. C. 212) and Warren; New York. Act of 1943 (Public Law 235, Seventy- Signed at Washington, D. C., this 19th Region 3. Philadelphia, Pa. (Address— eighth Congress), as amended by sec­ day of June 1947. "Lafayette Building, Fifth and Chestnut Sts., Philadelphia, Pa.) Territory: Dela­ tion 303 of the Revenue Act of 1945 K een J ohnson, ware; New Jersey, Counties of: Atlantic, (Public Law 214, Seventy-ninth Con­ Acting Secretary of Labor. gress), exemption is hereby authorized: Burlington, Camden, Cape May, Cum­ [P. R. Doc. 47-6005; Piled, June 25, 1947; berland, Gloucester, Mercer, Ocean, and (1) from the taxes imposed by section 8:49 a. m.] 3465 of the Internal Revenue Code (26 Salem; Pennsylvania (all except ex­ U* S. C. 3465) as to any payment for treme western part). Counties of: Adams, Bedford, Berks, Blair, Bradford, telephone, telegraph, cable, radio, or TITLE 32— NATIONAL DEFENSE leased wire services or facilities fur­ Bucks, Cambria, Cameron, Carbon, Cen­ nished directly to the United States and Chapter XXIII— War Assets tre, Chester, Clearfield, Clinton, Colum­ for which payment is made directly by Administration bia, Cumberland, Dauphin, Delaware, the United States: Provided, That noth­ Elk, Franklin, Fulton, Huntingdon, ing in this authorization shall be con­ [Reg. 1,* Order 2] Juniata, Lackawanna, Lancaster, Leba­ non, Lehigh, Luzerne, Lycoming, Mc­ strued to authorize any exemption as to P art 8301—Designation of Disposal Kean, Mifflin, Monroe, Montgomery, payments for services or facilities fur­ Agencies and P rocedures for R eport­ Montour, Northampton, Northumber­ nished to a contractor, or other person, ing Surplus P roperty L ocated W ithin land, Perry, Philadelphia, Pike, Potter, operating under a contract to perform the Continental U nited States, I ts Schuylkill, Snyder, Sullivan, Susque­ work on behalf of, or to furnish articles T erritories and P ossessions or materials to, the United States Gov­ hanna, Tioga, Union, Wayne, Wyoming, ernment or any agency thereof; (2) LOCATION OF DISPOSAL AGENCY OFFICES FOR and York. FILING DECLARATIONS OF SURPLUS PROP­ from the tax imposed by section 3469 Region 4. Cincinnati, Ohio (Address- ERTY BY OWNING AGENCIES 704 Race Street, Cincinnati, Ohio). Terri­ of the Internal Revenue Code (26 Wai- Assets Administration Regulation tory: Indiana (central and southwest­ U. S. C. 3469) as to any payment for ern part), Counties o fr Bartholomew, transportation of persons furnished to 1, Order 2, April 7, 1947, as amended through May 28,1947, entitled “Location Boone, Brown, Daviess, Dearborn, De­ the United States upon a United States catur, Delaware, Dubois, Fayette, Frank­ Government transportation request; (3) of Disposal Agency Offices for Filing Dec­ larations of Surplus Property by Owning lin, Gibson, Greene, Hamilton, Han­ from the tax imposed by section 3475 of Agencies” (12 F. R. 2515,2773, 3064, 3153), cock, Hendricks, Henry, Jennings, the Internal Revenue Code (26 U. S. C. is hereby revised and amended as herein Johnson, Knox, Madison, Marion, Mar­ 3475) as to any payment for transporta-7' set forth. New matter is indicated by tin, Monroe, Morgan, Ohio, Owen, Pike, tion of property to or from the Govern­ underscoring. Posey, Putnam, Randolph, Ripley, Rush, ment of the United States shipped on a Shelby, Spencer, Sullivan, Tipton, Union, United Stages Government bill of lading. § 8301.52 Location of disposal agency Vanderburgh, Warrick, and Wayne; offices for filing declarations of surplus No t e : The text set forth above affects the Kentucky (eastern part), Counties of: notes following 26 CFR, 1944 Supp., 130.44, 1 Refers to section 5, Child Labor Regula­ Bath, Bell, Boone, Bourbon, Boyd, 130.61, and the note preceding 26 CFR, 1944 tions No. 1, “Certificates of Age,” issued- Bracken, Breathitt, Campbell, Carter, Supp., 143.20. October 14, 1938, pursuant to the authority Clark, Clay, Elliott, Estill, Fayette, Flem­ conferred by sections S (1) and 11 (b) of the ing, Floyd, Garrard, Grant, Greenup, [ seal] ^ J oseph J. O’Connell, Jrr, Pair Labor Standards Act of 1938, published Harlan, Harrison, Jackson, Jessamine, Acting Secretary of the Treasury; in the F ederal R egister, vol. 8, page 2487, October 15, 1938; republished in the F ederal Johnson, Kenton, Knott, Knox, Laurel, [F. R. Doc. 47-6025; Piled, June 25, 1947; R egister, vol. 4, p. 1361, March 29, 1939. Lawrence, Lee, Leslie, Letcher, Lewis, 8:50 a. m.] *Reg. 1 (12 P. R. 2249, 2773, 3320). Lincoln, McCreary, Madison, Magoffin, 4140 RULES AND REGULATIONS

Martin, Mason, Menifee, Montgomery, ver, Colo.) Territory: Colorado; New Newaygo, Oakland, Oceana, Ogemaw, Morgan, Nicholas, Owsley, Pendleton, Mexico. Osceola, Oscoda, Otsego, Ottawa, Presque Perry, Pike, Powell, Pulaski, Robertson, Region 10. San Francisco, Calif. (Ad­ Isle, Roscommon, Saginaw, St. Clair, St. Rockcastle, Rawan, Scott, Whitley, dress—30 Van Ness Ave., San Francisco 2, Joseph, Sanilac, • Shiawassee, Tuscola, Wolfe, and Woodford; Ohio, Counties of; Calif.) Territory: California (northern Van Buren, Washtenaw, Wayne, and Adams, Athens, Belmont, Brown, Butler, part), Counties of: Alameda, Alpine, Wexford. Carroll, Champaign, Clark, Clermont, Amador, Butte, Calaveras, Colusa, Con­ Region 17. Louisville, Ky. (Address— Clinton, Coshocton, Darke, Delaware, tra Costa,, Del Norte, Eldorado, Fresno, 412 West Market Street, £. O. Box 1259, Fairfield, Fayette, Franklin, Gallia, Glenn, Humboldt, Kern, Kings, Lake, Louisville 2, Ky.) Territory: Kentucky Greene, Guernsey, Hamilton,' Harrison, Lassen, Madera, Marin, Mariposa, Men­ (western part) Counties of: Adair, Highland, Hocking, Jackson, Jefferson, docino, Merced, Modoc, Mono, Monterey, Allen, Anderson, Ballard, Barren, Boyle, Knox, Lawrence, Licking, Logan, Madi­ Napa,- Nevada, Placer, Plumas, Sacra­ Breckinridge, Bullitt, Butler, Caldwell, son, Meigs, Miami, Monroe, Montgomery, mento, San Benito, San Francisco, San Calloway, Carlisle, Carroll, Casey, Chris­ Morgan, Muskingum, Noble, Perry, Joaquin, San Luis Obispo, San Mateo, tian, Clinton, Crittenden, Cumberland, Pickaway, Pike, Preble, Ross, Scioto, Santa Clara, Santa Cruz, Shasta, Sierra, Daviess, Edmonson, Franklin, Fulton, Shelby, Tuscarawas, Union, Vinton, War­ Siskiyou, Salano, Sonomo, Stanislaus, Gallatin, Graves, Grayson, Green, Han­ ren, and Washington. Sutter, Tehama, Trinity, Tulare, Tuo­ cock, Hardin, Hart, Henderson, Henry, Region 5. Chicago, HL (Address—209 lumne, Yolo, and Yuba. Hickman, Hopkins, Jefferson, Larue, South La Salle Street, Chicago, 111.) Ter­ Region 11. Seattle, Wash. (Address— Livingston, Logan, Lyon, McCracken, ritory: Illinois (northern p art); Counties 1409 Seoond Avenue, Seattle 1, Wash.) McLean, Marion, Marshall, Meade, of: Boone, Bureau, Carroll, Cass, Cham­ Territory: Washington (eastern and Mercer, Metcalfe, Monroe, Muhlenberg, paign, Christian, Clark, Coles, Cook, western part), Counties of: Adams, Aso­ Nelson, Ohio, Oldham, Owen, Russell, Cumberland, De Kalb, De Witt, Douglas/ tin, Benton, Chelan, Clallam, Columbia, Shelby, Simpson, Spencer, Taylor, Todd, Du Page, Edgar, Ford, Fulton, Grundy, Douglas, Ferry, Franklin, Garfield, Trigg, Trimble, Union, Warren, Wash­ Hancock, Henderson, Henry, Iroquois, Jo Grant, Grays Harbor, Island, Jefferson, ington, Wayne, Webster; Indiana Daviess, Kane, Kankakee, Kendall, Knox, King, Kitsap, Kittitas, Lewis, Lirtcoln, (southeastern part), Counties of: Clark, Lake, La Salle, Lee, Livingston, Logan, Mason, Okanogan, Pacific, Pend Oreille, Crawford, Floyd, Harrison, Jack-son, Je f­ McDonough, McHenry, McLean, Macon, Pierce, San Juan, Skagit, Snohomish, ferson, Lawrence, Orange, Perry, Scott, Marshall, Mason, Menard, Mercer, Moul­ Spokane, Stevens, Thurston, Walla Switzer land,, and Washington. trie, Ogle, Peoria, Piatt, Putnam, Rock Walla, Whatcom, Whitman, and Yak­ Region 18. Nashville, Tenn. (Ad­ Island, Sangamon, Schuyler, Shelby, ima; Idaho (northern part), Counties of: dress—Consolidated-Vultee Bldg., Nash­ Stark, Stephenson, Tazewell, Vermilion, Benewah, Bonner, Boundary, Clear­ ville, Tenn.) Territory: Tennessee. Warren, Whiteside, Will, Winnebago, water, Idaho, Kootenai, Latah, Lewis, - Region 19. Birmingham, Ala. (Ad­ and Woodford; Indiana (northern part), Nez Perce, and Shoshone; and Montana. dress—P. O. Box 2090, 1955 Fiftieth St., Counties o f: Adams, Allen, Benton, . Region 12. Richmond, Va., (Address— North, Birmingham, Ala.) Territory: Blackford, Carroll, Cass, Clay, Clinton, East End 4th St., Richmond 24, Va.) Alabama. De Kalb, Elkhart, Fountain, Fulton, Territory: Maryland; Virginia; District Region 20. New Orleans, La. (Ad­ Grant, Howard, Huntington, Jasper, Jay, of Columbia; West Virginia. dress—7020 Franklin Ave., P. O. Station Kosciusko, La Grange, Lake, La Porte, Region 13. Charlotte, N. C. (Address— D, New Orleans, La.). (Declarations of Marshall, Miami, Montgomery, Newton, 317 South Tryon St., Charlotte, N. C.) surplus property formerly filed in this Noble, Parke, Porter, Pulaski, St. Joseph, Territory: North Carolina; South Caro­ office shall hereafter be filed at Region Starke, Steuben, Tippecanoe, Vermillion, lina. 26, Grand Prairie, Texas: Mailing Ad­ Vigo, Wabash, Warren, Wells, White, Region 14. Jacksonville, Fla. (Ad­ dress: P. Ol Box 6030, Dallas 2, Texas.) and Whitley; Wisconsin (Declarations of dress—St. John’s Shipyard, Administra­ Region 21. Minneapolis, Minn. (Ad­ surplus property in the southern coun­ tion Bldg., P. O. Box 4129, Jacksonville, dress—504 Metropolitan Life Bldg., Min­ neapolis, Minn.) Territory: Minnesota; ties of Wisconsin which were formerly Fla.) Territory: Florida. Region 15. Cleveland, Ohio (Ad­ North Dakota; South Dakota; Michigan filed in this office shall hereafter be filed dress—Higbee Building, East 13th St. (northern part), Counties of: Alger, at Region 21, Address: 504 Metropolitan and Euclid Ave., Cleveland, Ohio). Ter­ Baraga, Chippewa, Delta, Dickinson, Go­ Life Building, Minneapolis,, Minn.). ritory: Ohio, Counties of: Allen, Ash­ gebic, Houghton, Iron, Keweenaw, Luce, Region 6. Atlanta, Ga. (Address*—699 land, Ashtabula, Auglaize, Columbiana, Mackinac, Marquette, Menominee, On­ Ponce de Leon Ave., N. E., Atlanta, Crawford, Cuyahoga, Defiance, Erie, tonagon, Schoolcraft; Wisconsin. Georgia) Territory: Georgia. Fulton, .Geauga, Hancock, Hardin, Region 22. St. Louis, Mo. (Ad­ Region 7. Fort Worth, Texas. (This Henry, Holmes, Huron, Lake, Lorain, dress—505 North 7th St., St. Louis, Mo.) office has been consolidated with Region Lucas, Mahoning, Marion, Medina, Mer­ (Declarations of surplus property for­ 26, Grand Prairie, Texas—Mailing ad­ cer, Morrow, Ottawa, Paulding, Portage, merly filed in this office shall hereafter dress: P. O. Box 6030, Dallas 2, Texas.) Putnam, Richland, Sandusky, Seneca, be filed at Region 8, Troost & Bannister (Declarations of surplus - property for­ Stark, Summit, Trumbull, VSn Wert, Rd. (95th St.) P. O. Box 1037, Kansas merly filed in this office shall hereafter Wayne, Williams, Wood, and Wyandot; City, Mo.) be filed at Region 26, Grand Prairie, Pennsylvania (western part), Counties Region 23. Little Rock, Arkansas. Texas—Mailing address: P. O. Box 6030, of: Allegheny, Armstrong, Beaver, But­ (Address—Wallace Bldg., Little Rock, Dallas 2, Texas.) ler, Clarion, Crawford, Erie, Fayette, Ark.) (Declarations of surplus property Region 8 Kansas City, Mo. (Ad­ Forest, Greene, Indiana, Jefferson, formerly filed in this office shall here­ dress—Troost & Bannister Rd. (95th S t.), Lawrence,. Mercer, Somerset, Venango, after be filed at Region 26, Grand Prairie, P. O. Box 1037, Kansas City, Mo.) Ter­ Warren, Washington, and Westmore­ Texas,—Mailing address: P. O. Box 6030, ritory:—Missouri; Illinois (southern land. Dallas 2, Texas.) part), counties of: Adams, Alexander, Region 16. Detroit, Michigan (Ad­ Region 24. Omaha, Nebraska. (Ad­ Bond, Brown, Calhoun, Clay, Clinton, dress—Buhl Bldg., 535 Griswold St., dress—601 WOW Bldg., Omaha 2, Nebr.) Crawford, Edwards, Effingham, Fayette, Detroit 26, Mich.) Territory: Michigan (Declarations of surplus property for­ Franklin, Gallatin, Greene, Hamilton, (eastern part), Counties of: Alcona, merly filed in this office shall hereafter Hardin, Jackson, Jasper, Jefferson, Jer­ Allegan, Alpena, Antrim, Arenac, Barry, be filed at Region 8, Troost and Ban­ sey, Johnson, Lawrence, Macoupin, Mad­ Bay, Benzie, Berrien, Branch, Calhoun, nister Road, (95th St.) P. O. Box 1037, ison, Marion, Massac, Monroe, Mont­ Cass, Charlevoix, Cheboygan, Clare, Clin­ Kansas City, Missouri.) gomery, Morgan, Perry, Pike, Pope, Pu­ ton, Crawford, Eaton, Emmet, Genesee, Region 25. Tulsa, Oklahoma. Ad­ Gladwin, Grand Traverse, Gratiot, Hills­ laski, Randolph, Richland, St. Clair, Sa­ dale, Huron, Ingham, Ionia, Iosco, Isa­ dress—2000 North Memorial Drive, P. O. line, Scott, Union, Wabash, Washington, bella, Jackson, Kalamazoo, Kalkaska, Box 1409, Tulsa, Okla.) (Declarations Wayne, White, Williamson; Iowa; Kan­ Kent, Lake, Lapeer, Leelanau, Lenawee, of surplus property formerly filed in this sas; Nebraska; and Wyoming. Livingston, Macomb, Manistee, Mason, office shall hereafter be filed at »Region Region 9. Denver, Colo. (Address— Mecosta, Midland, Missaukee, Monroe, 26, Grand Prairie, Texas—Mailing ad­ Commonwealth Bldg., 728 15th St., Den- Montcalm, . Montmorency, Muskegon, dress: P. O. Box 6030, Dallas 2, Texas.) Thursday, June 26, 1947 FEDERAL REGISTER 4141

Region 26. Grand Prairie, Texas. Maritime Commission similar matters; hold conferences for the (Address—Grand Prairie, Texas. Mail­ Landing craft of all types, including settlement of simplification of the issues ing address: P. O. Box 6030, Dallas 2, by Consent of the parties; rule upon Texas.) Territory: Texas^ Arkansas, LSTs. United States Maritime Commis­ sion, Washington 25, D. C. offers of proof and receive oral or docu­ Louisiana, Mississippi, and Oklahoma. mentary evidence; regulate the course of Region 27. Houston, Texas.; (Ad­ Navy Department the hearing and the conduct of attorneys dress—7700 Wallisville Road, Hughes and witnesses; require, when they deem Strut Plant, Houston 1, Texas.) (Dec­ Navy Department, Office of the As­ sistant Secretary, Washington 25, D. C. necessary, oral argument upon any ques*- larations of surplus property formerly tion raised in the course of the hearing filed in this office shall hereafter be filed (d) (1) Declarations of surplus real property located in the continental or at the close thereof, and limit such at Region 26, Grand Prairie, Texas— argument as to time and subject matter.” Mailing address: P. O. Box 6030, Dallas United States, its territories and posses­ sions, shall be filed with the War Assets 3. Amend § 51.22 (11 F. R. 12796) to 2, Texas.) read as follows: Region 28. San Antonio, Texas. (Ad­ Administrator, Washington 25, D. C. dress—3rd Floor, Transit Tower Corner, Declarations of surplus personal prop­ § 51.22 Transcript, (a) In all cases South St. Mary’s and Villita Sts., San erty which is to be declared surplus in in which the respondent files answer and Antonio 5, Texas.) (Declarations of conjunction with real property shall be appears at the hearing either in person surplus property formerly filed in this prepared and filed as provided in or by counsel, the record and transcript office shall hereafter be filed at Region I 8301.12 (a) of this part. of the proceedings before the trial ex­ 26, Grand Prairie, Texas—Mailing ad­ (2) Declarations of surplus agricul­ aminer shall be made by the recording dress: P. O. Box 6030, Dallas 2, Texas.) tural commodities and foods processed and transcription system of the Office of Region 29. Helena, Montana. (Ad­ from agricultural commodities shall be the Solicitor. The transcript, together dress—Old High School Bldg., P. O. BoX filed with the War Assets Administration, with all documents and pleadings filed in 1161, Helena, Mont.) (Declarations of Washington 25, D. C. the case,'shall constitute the official rec­ surplus property formerly filed in this (e) Declarations of surplus personal ord thereof. office shall hereafter be filed at Region property, including aircraft, aircraft (b) In all cases in which the respond­ 11, 1409 Second Avenue, Seattle 1, components and electronics, located in ent fails to maLe answer to the charges Wash.) the territories and possessions of the or, having made answer, fails to appear Region 30. Salt Lake City, Utah. (Ad­ United States shall be filed at the fol­ at the hearing and avail himself of op­ dress—Building 3, ^710 South Redwood lowing regional offices: portunity to cross-examine the witnesses presented by the Government, the trial Road, P. O. Box 2220, Salt Lake City, W ar Assets .A dministration examiner shall make and certify the rec­ Utah.) Territory: Utah;. Idaho (south­ Region 35. Hawaii. (Address—War ern part), Counties of: Ada, Adams, ord of the hearing in the following man­ Assets Administration, P. O. Box 3228, ner: Bannock, Bear Lake, Bingham, Blaine, Honolulu, T. H.) Boise, Bonneville, Butte, Camas, Canyon, (1) The trial examiner shall prepare Region 36. Puerto Rico and the Virgin Caribou, Cassia, Clark, Custer, Elmore, and certify a summary of the testimony Islands. (Address—War Assets Admin­ of all witnesses appearing for the Gov­ Franklin, Fremont, Gem, Godding, Je f­ istration, P. O. Box 4307, San Juan, ferson, Jerome, Lemhi, Lincoln, Madi­ ernment, identifying therein all docu­ Puerto Rico.) mentary evidence submitted. son, Minidoka, Oneida, Owyhee, Payette, Region 37. Alaska. (Address—War Power, Teton, Twin Falls, Valley, and (2) The pleadings, the summary of the Assets Administration, P. O. Box 2466, proceedings, the exhibits, and the re­ Washington; Nevada. Anchorage, Alaska.) Region 31. Spokane, Washington. spondent’s brief, if any, shall constitute (Address—500 Welch Bldg., Spokane, (Surplus Property Act of 1944, as amend­ the official record upon which final deter­ Wash.) (Declarations of surplus prop­ ed (58 Stat. 765, as amended; 50 U. S. C. mination of the issues in such case will erty formerly filed in this office shall App. Sup. 1611); Public Law 181, 79th be based. hereafter be' filed at Region 11, 1409 Congress (59 Stat. 533; 50 U. S. C. App. 4. Amend § 51.23 (11 F. R. 177A-146, Second Avenue, Seattle 1, Wash.) Sup. 1614a, 1614b); and Executive Or­ 12796) to read as follows: Region 32. Portland, Oreg. (Ad­ der 9689 (11 F. R. 1265)) dress—War Assets Admn., Swan Island, § 51.23 Oral argument and briefs. The This revision of this section shall be­ trial examiner shall determine whether P. O. Box 4062.) Territory: Oregon; come effective June 2,1947. Washington (southwestern part), Coun­ he desires to hear oral argument, which, ties of: Clark, Cowlitz, Klickitat, Ska­ R obert M. L ittlejohn, if permitted by him, shall be made at the mania, arid Wahkiakum. Administrator. conclusion of the hearing and shall be Region 33. Los Angeles, Calif. (Ad­ J une 2,1947. limited as to time and subject matter as directed by him. The trial examiner may dress—Mode O’Day Bldg., 155 West [P. R. Doc. 47-6102r Piled, June 25, 1947; 11:40 a. m.j permit the filing of briefs in any case Washington Blvd., Los Angeles 15, where answer has been filed, and he shall Calif.) Territory: California (southern give notice of such permission to each part), Counties of: Imperial, Inyo, Los party from whom he desires a brief, fix­ Angeles, Orange, Riverside, San Bernar­ TITLE 39— POSTAL SERVICE ing the time in said notice within which dino, San Diego, Santa Barbara, and briefs must be filed; and he may indicate Ventura; Arizona. . Chapter I— Post Office Department in such notice what issues of law or fact he desires to be argued in such briefs. If W ar Assets Administration Subchapter C— Procedures and Forms the trial examiner permits the filing of Aircraft. War Assets Administration, P art 51—P rocedures B efore the briefs, he shall direct that the respondent Office of Aircraft Disposal, Washington Solicitor be loaned a copy of the transcript or the 25, D. C. RULES OF PRACTICE IN CASES ARISING UNDER summary of the testimony for use in the Aircraft parts: (Salable and educa­ POSTAL FRAUD, LOTTERY AND FICTITIOUS preparation thereof. The copy of the tional items). War Assets Adqiinistra- STATUTES transcript or the .summary of the testi­ tion, 6200 Riverside Drive, Municipal 1. Amend § 51.9 (11 F. R. 12796) to mony so loaned shall be returned with the Airport, Cleveland 32, Ohio. read as follows: respondent’s brief. (Residual items and contract termina­ §51.9 Failure to answer or appear. (R. S, 3894, sec. 213, 35 Stat. 1129, R. S. tion declarations). To regional offices If the respondent fails to file an answer 5480, sec. 215, 35 Stat. 1130, secs. 3, 4/5, as set firth above in paragraph (c). to the charges or to appear at the hear­ 25 Stat. 873, 874, R. S. 3929, sec. 2, 26 Electronic equipment: (.Salable and ing either in person or by counsel, he Stat. 466, sec.*4, 28 Stat. 964, R. S. 4041, educational items). War Assets Ad­ shall be deemed to have waived the right sec. 3, 26 Stat. 466; 18 U. S. C. 336, 338; ministration, Lafayette Building, Fifth to be heard. 39 U. S. C. 255, 256, 257, 259, 732) and Chestnut Sts., Philadelphia, Pa. 2. Amend the second sentence of [seal] J. M. Donaldson, (Residual items and contract termina­ §51.15 <11 F. R. 12796) to read as fol­ Acting Postmaster General. tion declarations) . To regional offices as lows: “Trial examiners shall rule upon [F. R. Doc. 47-6004; Filed, June 25, 1947; set forth above in paragraph (c). procedural motions and requests and 8:49 a. m.] 4142 RULES AND REGULATIONS

TITLE 49— TRANSPORTATION the following paragraph (e) for para­ ing to the car service and per diem agree­ graph (e) thereof: ment under the terms of that agree­ AND RAILROADS ment; and that notice of this order be (c) Application. * * * given to the general public by depositing Chapter I— Interstate Commerce (6) Run-around cars. On any con­ a copy in the office of the Secretary of Commission structively placed car, (subject to aver­ the Commission at Washington, D. C., age agreement) which is run-around, not [2d. Rev. S. O. 244, Amdt. 6] and by filing it with the Director, Divi­ to exceed four debits may be offset by sion of the Federal Register. P a r t 95—C ar S e r v ic e credits as provided by tariff provisions. ***** (40 Stat. 101, sec. 402, 41 Stat. 476, sec. 4, DISTRIBUTION OF GRAIN CARS (e) Expiration date. This section 54 Stat. 901; 49 U. S. C. 1 (10)-(17) ) shall expire at 7:00 a. m., December 31, At a session of the Interstate Com­ 1947, unless otherwise modified, changed, By the Commission, Division 3. merce Commission, Division 3, held at suspended or annulled by order of this [ s e a l ]'' W. P. B a r t e l , its office in Washington, D. C., on the Commission. Secretary. 19th day of June A. D. 1947. Upon further consideration of the pro­ It is further ordered, that this amend­ [F. R. Doc. 47-6017; Filed, June 25, 1947;- visions of Second Revised Service Order ment shall become effective at 7:00 a. m., 8:52*a. m.] No. 244 (10 P. R. 2252) as amended (10 June 25, 1947 and shall apply to cars on F. R. 3094; 11 F. R. 1300, 2190, 6910; hand or constructively placed on and 12 F. R. 47), and good dause appearing after the effective date hereof. therefor: It is ordered, that: It is further ordered, that a copy of [S. O. 434, Amdt. 5] Second Revised Service Order No. 244, this order and direction be served upon P a r t 95—C a r S e r v ic e as amended, be, and it is hereby, further the State railroad regulatory bodies of amended by substituting the following each State, and upon the Association of FREE TIM E ON BOX CARS paragraph (f ) of § 95.244 Distribution of American Railroads, Car Service Divi­ At a session of the Interstate Com­ grain cars, for paragraph (f) thereof: sion, as agent of the railroads subscrib­ merce Commission, Division 3, held at its ing to the car service and per diem (f) Expiration date. This section shall office in Washington, D. C., on the 19th agreement under the terms of that day of June A. D. 1947. expire at 11:59 p. m., December 31, 1947, agreement; and that notice of this order unless otherwise modified, changed, sus­ Upon further consideration of the pro­ be given to the general public by de­ visions of Service Order No. 434 (11 F. R. pended, or annulled by order of this Com­ positing a copy in the office of the Sec­ mission. 893), as amended "(11 F. R. 2190, 10771, retary of thé Commission at Washing­ 12308; 12 F. R. 48), and good cause ap­ It is further ordered, that this order ton, D. C., and by filing it with the Di­ pearing therefor: It is ordered, that: shall become effective at 12:01 a. m., June rector, Division of the Federal Register. (a) Service Order No. 434, as amended, 29, 1947; that a copy of this order and (40 Stat. 101, sec. 402, 41 Stat. 476, sec. be, and it is hereby, further amended by direction be served upon all State regu­ 4, 54 Stat. 901; 49 U. S. C. 1 (10)-(17) ) substituting the following paragraph (f) latory bodies regulating common carriers of § 95.434, Free time on box cars, for by railroad, and upon the Association of By the Commission, Division 3. paragraph (f) thereof: American Railroads, Car Service Divi­ [ s e a l ] # W. P. B a r t e l , (f) Expiration date. This section shall sion, as agent of the railroads subscribing Secretary. to the car service and per diem agreement expire at 7:00 a. nfi, December 31, 1947, [P. R. Doc. 47-6019; Filed, June 25, 1947; unless otherwise modified, changed, sus­ under the terms of that agreement; and 8:53 a. m.] that notice of this order be given to the pended or annulled by order of this Com­ general public by depositing a copy in the mission. office of the Secretary of the Commission It is further ordered, That this order at Washington, D. C., and by filing it [S. O. 370, Amdt. 6] shall become effective at 12:01 a. m., June with the Director, Division of the Fed­ 29, 1947; that aTcopy of this order and eral Register. P a r t 95—C a r S e r v ic e direction be served upon the Association of American Railroads, Car Service Di­ (40 Stat. 101, sec. 402, 41 Stat. 476, sec. d e m u r r a g e o n s t a t e b e l t r a il r o a d o f 4, 54 Stat. 901; 49 U. S. C. 1 (10)-& 7)) CALIFORNIA vision, as agent of the railroads subscrib­ ing to the car service and per diem agree­ By the Commission, Division 3. At a session of the Interstate Com­ ment under the terms of that agreement; merce Commission, Division 3, held at its [ s e a l ] W. P . B a r t e l , and that notice of this order'be given to Secretary. office in Washington, D. C., on the 19th the general, public by depositing a copy day of June A. D. 1947. in the office of the Secretary of the Com­ [P. R. Doc. 47-6014; Piled, June 25, 1947; Upon further consideration of Service mission at Washington, D. C., and by 8:51 a. m.] Order No. 370 (10 F. R. 14031), as filing it with the Director, Division of the amended (10 F. R. 15176; 11 F. R. 639, Federal Register. 2383, 10304, 14523), and good cause ap­ pearing therefor: It is ordered, that: (40 Stat. 101, sec. 402, 41 Stat. 476, sec. [S.-O. 369, Amdt. 14] Section 95.370 Demurrage on State 4, 54 Stat. 901; 49 U. S. C. 1 (10)-(17)) Belt Railroad of California of Service P a r t 95—C ar S e r v ic e By the Commission, Division 3. Order No. 370', as amended, be, and it is DEMURRAGE CHARGES ON CLOSED BOX CARS [ s e a l ] W. P . B a r t e l , hereby, further amended by substituting Secretary. At a session of the interstate Com­ the following paragraph (dX for para­ graph (d) thereof: [F. R. Doc. 47-6012; Filed, June 25, 1947; merce Commission, Division 3, held at 8:51 a. m.] its office in Washington, D. C., on the (d) Expiration date. That this sec­ 19th day of June A. D. 1947. tion shall expire at 7:00 a. m., December Upon further consideration of Service 31, 1947, unless otherwise modified, Order No. 369 ‘(10 F. R. 14030), as changed, suspended or annulled by order [Rev. S. O. 534, Amdt. 2] of this Commission. amended (10 F. R. 15073; 11 F. R. 639, P a r t 95—C ar S e r v ic e 2383, 7857, 8453, 10304, 11013, 14522; 12 It is further ordered, that this amend­ F. R. 1606, 1724, 2053, 2453, 4029), and MOVEMENT OF EMPTY CARS; APPOINTMENT ment shall become effective at 12:01 OF AGENT good cause appearing therefor: It is or­ a. m., June 29, 1947; that a copy of this dered, that: order and direction be served upon the At a session of the Interstate Com­ Section 95.369 Demurrage charges on California State Railroad Commission merce Commission, Division 3, held at its closed box cars, of Service Order No. 369, and the State Belt Railroad of Cali­ office in Washington, D. C., on the 19th as amended, be, and it is hereby, further fornia, and upon the Association of day of ¿une A. D. 1947. amended, by adding ¿he following para­ and by filing it with the Director, Divi­ Upon further consideration of Revised graph (cT (6) thereto and substituting sion, as agent of the railroads subscrib­ Sendee Order No. 534 (11 F. R. 9454) as Thursday, June 26, 1947 FEDERAL REGISTER 4143

amended (11 F. R. 14108 ), and good cause and filing it with the Director, Division fS. O. 692, Amdt. 2] appearing therefor: It is ordered, that: of the Federal Register. P art 95—Car Service Section 95.534 Movement of empty (40 Stat. 101, sec. 402, 41 Stat. 476, sec. 4, cars; appointment of agent, of Revised RESTRICTIONS ON RECONSIGNMENT OF 54 Stat. 901; 49 U. S. C. 1 (10)—(17> ) Order No. 534, be, and it is hereby, LUMBER amended by substituting the following By the Commission, Division 3. At a session of the Interstate Com­ paragraph (g) for paragraph (g) [seal] W-. P. B artel, merce Commission, Division 3, held at its thereof: Secretary. office in-Washington, D. C., on the 19th (g) Expiration date. This section shall day of June A. D. 1947. [F. R. Doc. 47-6016; Filed, June 25, 1947; Upon further consideration of the pro­ expire at 11:59 p. m., December 31, 1947, 8:52 a. m.J unless otherwise modified, changed, sus­ visions of Service Order No. 692 (12 F. R. pended, or annulled by order of this Com­ 1685), as amended (12 F. R. 2479), and mission. good cause appearing therefor: It is [S. O. 653, Amdt. 7] ordered, that: It is further ordered, that this amend­ (a) Service Order No. 692, as ment shall become effective at 12:01 P art 95—Car Service amended, be, and it is hereby, further a. m., June 29, 1947; that a copy of this amended by substituting the following order and direction be served upon each d e m u r r a g e c h a r g e s o n GONDOLA, OPEN AND paragraph (g) of § 95.692, Lum ber-re­ State railroad regulatory body, and upon COVERED HOPPER CARS the Association of American Railroads, strictions on holding for diversion or dis­ At a session of the Interstate Com­ position, for paragraph (g) thereof: Car Service Division, as agent of the rail­ merce Commission, Division 3, held at its roads subscribing to the car service and office in Washington, D. C., on the 19th (g) Expiration date. This section per diem agreement under the terms of day of June A. D. 1947. shall expire at 7:00 a. mrr December 31, that agreement; and that notice of this Upon further consideration of Service 1947, unless otherwise modified, changed, order be given to the general public by Order No. 653 (11 F. R. 14572), as suspended, or annulled by order of this depositing a copy in the office of the amended (12 F. R. 128,1606, 1816, 1952, Commission. Secretary of the Commission at Wash­ 2093, 4029), and good cause appearing It is further ordered, That this order ington, D. C., and by filing it with the therefor: It is ordered, that: Director, Division of the Federal Register. shall become effective at .12:01 a. m., Section 95.653, Demurrage charges on June 29, 1947; that a copy of this‘order (40 Stat. 101, sec. 402, 418, 41 Stat. 476, gondola, open and covered hopper cars, and direction be served upon the Associ­ 485 secs. 4, 10, 54 Stat. 901, 912; 49 of Service Order No. 653, as amended, be, ation of American Railroads, Car Serv­ U. S.C. 1 (10)-(17), 15 (4)) r- and it is hereby, further amendéd by ice Division, as agent of the railroads By the Commission, Division 3. adding the following paragraph (c) (6) subscribing to the car service "and per thereto and substituting the following diem agreement under the terms of that [seal] W. P. B artel, paragraph (e), for paragraph (e) agreement; and that notice of this order Secretary. thereof: be given to the general public by de­ [F. R. Doc. 47-6015; Filed, June 25, 1947; (c) Application. * * * positing a copy in the office of the .Sec­ 8:52 a. m.] (6) Run-around cars. On any con­ retary of the Commission at Washington, structively placed car, (subject to aver­ D. C., and by filing it with the Director, age agreement) which is run-around, not Division of the Federal Register. to exceed four debits may be offset by (40 Stat. 101, sec. 402; 41 Stat. 476, sec. 4; [S. O. 646, Arndt. 2] credits as provided by tariff provisions. 54 Stat. 901; 49 U. S. C.,1 (10)—(17) ) ***** P art 95—Car Service Bÿ the Commission, Division 3. , ICING AT ROSEVILLE, SAN JOSE OR STOCKTON, (e) Expiration date. This .section shall [seal] w . P. B artel, CALIF. expire at 7:00 a. m., December 31, 1947, Secretary. unless otherwise modified, changed, sus­ At a session of the Interstate Com­ pended or annulled by order of the Com- [F. R. Doc. 47-6020; Füéd, June 25, 1947; merce Commission, Division 3, held at its nfission. 8:53 a. m.] office in Washington, D. C., on the 19th day of June A. D. 1947. It is further ordered, that this amend­ Upon further consideration of Service ment shall become effective at 7:00 a. m„ [S. O. 82, Amdt. 4] Order No. 646 (11 F. R. 14109), as June 25, 1947, and shall apply to cars on P art 96-—J oint Use of T erminals amended (12 F. R. 2479), and good cause hand or constructively placed on and after the effective date hereof. appearing therefor: It is ordered, that: JOINT USE OF TERMINALS AT LOUISVILLE, KY., It is further ordered, that a copy of Section 95.646 Icing at Roseville, San FOR LIVESTOCK this order and direction be served upon Jose or Stockton, of Service Order No. At a session of the Interstate Com­ 646, be, and it is hereby, further amended each State railroad regulatory body, and upon the Association of American Rail­ merce Commission, Division 3, held at its by substituting the following paragraph office in Washington, D. C., on the 19th (d) for paragraph (d) thereof: roads, Car Service Division, as agent of the railroads subscribing to the car serv­ day of June A. D. 1947. (d) Expiration date. This section ice and per diem agreement under the Upon further consideration of the pro­ shall expire at 11:59 p. m., December 31, terms of that agreement; and that no­ visions jot Service Order No. 82 (8 F. R. 1947, unless otherwise modified, changed, tice of this order be given to the general 8515), as amended (11 F. R. 8451; 9452, suspended or annulled by order of this public by depositing a copy in the office 12 F. R. 1168), and good cause appearing Commission. therefor: It is ordered, that: of the Secretary of the Commission at Section 96.3, Joint use of terminals at It is further ordered, that this amend­ Washington, D. CL, and by filing it with Louisville-, Ky., for livestock, of Service ment shall become effective 12:01 a. m., the Director, Division of the Federàl Order No. 82, as amended, be, and it is June 29, 1947; that a copy of this order Register. hereby, further amended by adding the and direction be served upon the Asso­ following paragraph: , ciation of America Railroads, Car Serv­ (40 Stat. 101, sec. 402, 41 Stat. 476, sec. 4; ice Division, as agent of the railroads 54 Stat. 901; 49 U. S. C. 1 (IQ)—(17) ) This order, as amended, shall expire at subscribing to the car service and per By the Commission, Division 3. 11:59 p. m„ December 31, 1947, unless diem agreement under the terms of that otherwise modified, changed, suspended, agreement; and that notice of this order [seal] W. P. B artel, or annulled by order of this Commission. Secretary. be given to the general public by deposit­ It is further ordered, that this amend­ ing a copy in the office of the Secretary [F. R. Doc. 47-6018; Filed, June 25, 1947; ment shall become effective at 12:01 a. m., of the Commission at Washington, D. C., 8:52 a. m.] June 29, 1947, and it shall vacate and No. 12&----- 2 4144 RULES AND REGULATIONS supersede Amendment No. 3 to Service der the terms of that agreement; and (40 Stat. 101, sec. 402, 41 Stat. 476, sec. 4, Order No. 82 on the effective date hereof; that notice of this order be given to the 54 Stat, 901; 49 ü. S. C. 1 (10)-(17) ) that a copy of this order and direction general public by depositing a copy in By the Commission, Division 3. be served upon the Association of Amer­ the office of the Secretary of the Com­ [ seal] W. P. B artel, Secretary. ican Railroads, Car Service Division, as mission at Washington, D. C., and by filing it with the Director, Division of the [P. R. Doc. 47-6013; Piled, June 25, 1947; agent of the railroads subscribing to the 8:51 a. m.] car service and per diem agreement un- Federal Register.

PROPOSED RULE MAKING

(45 Stat. 1079; 47 Stat. 662; 49 Stat. 893; justment deductions on producer milk DEPARTMENT OF AGRICULTURE 7 U. S. C. 501 et seq.) for the purpose of modifying or deleting such provisions. Production and Marketing Issued this 20th day of June 1947. Findings and conclusions. The pro­ Administration [seal] N. E . Dodd, posed findings and conclusions with re­ Acting Secretary of Agriculture. spect to the issues presented at the hear­ ing, together with the reasons therefor, 17 CFR, Part 301 [P. R. Doc. 47-6010; Piled, June 25, 1947; 8:50 a. m.] are as follows: T obacco Stocks and Standards (1) The Class I milk price differential over the basic formula price should be NOTICE OF PROPOSED AMENDMENT TO ESTAB­ revised to provide a seasonal price pat­ LISH TYPE 31—V UNDER CLASS 3, AIR-CURED tern (including “floor prices”) and an TOBACCO 17 CFR, Fort 9721 increase in the annual average level of Consideration is being given to an Handling of Mil k in T ri-S tate the differential. amendment to the description of Class M arketing Area There has been a maladjustment in the 3, Air-cured types and groups (7 CFR supply of regular producer milk in rela­ 30.5) of the standards for tobacco estab­ DECISION WITH RESPECT TO PROPOSED MAR­ tion to the market demand for Class I lished pursuant to section 2 of the To­ KETING AGREEMENT AND PROPOSED AMEND­ miiir and Class n milk in the Tri-State bacco Stocks and Standards Act, as M ENTS TO ORDER area. The utilization of Class I milk amended (45 Stat. 1079 ; 47 Stat. 662; Pursuant to Public Act No. 10, 73d and Class EL milk has been relatively uni­ 49 Stat. 893; 7 ü. S. C. 501 et seq.), which Congress (May 12,1933), as amended and form throughout the year, whereas the amendment is designed to establish a as reenacted and amended by the Agri­ receipt of milk from producers varies type of tobacco to be known as Type 31- cultural Marketing Agreement Act of greatly between the seasons of the year. V, under Class 3, Air-cured tobacco. 1937, as amended (hereinafter referred The variation in the receipts of producer The proposed amendment under con­ to as the “act”) , and the rules of prac­ TnUk between the flush production season sideration is as follows: tice and procedure governing proceed­ and the sfcort production season has be­ Insert in § 30.5, Class 3: Air-cured ings to formulate marketing agreements come progressively wider for several types and groups, between the descrip­ and marketing orders (7 CFR, Supps., years. Production varies seasonally to tions of Type 31 and Type 32, a new 900.1 et seq., 11 F. R. 7737,12 F. R. 1159) * siich an extent that in 1946 it was nearly paragraph providing as follows: a public hearing was held at Gallipolis, twice as great in June as in December. Type 31-V. Notwithstanding the defi­ Ohio, on March 7-8, 1947, pursuant to The cost of producing milk is consider­ ably higher during the fall and winter nition of “Type” and “Type 31,” any the notice thereof which was published in the F ederal R egister on February 27, months than May and June. A price plan tobacco having the general visual char­ to induce an increase in milk production acteristics of quality, color, and length 1947 (12 F. R. 1400), upon certain pro­ posed amendments to the tentatively ap­ during the fall and winter seasons is ur­ of Class 3, Type 31, Air-cured tobacco, gent for the Tri-State market. ~ A Class I but which is a low-nicotine strain or proved marketing agreement and to the order, as amended, regulating the han­ price differential employing absolute variety, produced and to be marketed floor prices in the seasonal pattern is under such restrictions or controls as dling of milk in the Tri-State marketing area. required to assure a substantially higher shall be specified by the Director of the price in the fall and winter months com­ Tobacco Branch, Production and Mar­ Upon the basis of the evidence intro­ duced at such hearing and the record pared to the spring months and thus de­ keting Administration, United States De­ velop a more level annual pattern of partment of Agriculture, and which in thereof, the Assistant Administrator, Production and Marketing Administra­ production. its cured state is found by an authorized Producers need definite assurance of representative of the Department to tion, on May 29,1947, filed with the Hear­ ing Clerk, United States Department of substantially higher prices during the have a nibotine content of not more than fall and winter months if they are to eight-tenths of one per centum (8/10 of Agriculture, his recommended decision in this proceeding. The notice of the filing produce more milk during these seasons. 1% ), oven dry weight, shall not be classi­ of such recommended decision and op­ Absolute floor prices for the 1947 and 1948 fied as Type 31 but shall be classified portunity to file written exceptions season will give this assurance. If the and designated upon certification by the thereto was published in the F ederal basic formula produces a higher price Department as Type 31-V. No groups R egister, June 5,1947 (12 F. R. 3673). for these fall and winter months it should are applicable to Type 31-V. The material issues presented on the prevail as a further guarantee that the Class I price will be more in line with the All persons who desire to submit writ­ record of the hearing were: (1) Revising the Class I milk price dif­ then current marketing conditions. ten data, views, or arguments in con­ ferential over the basic formula price The record supports the adoption of a nection with the aforesaid proposed to provide a seasonal price pattern and seasonal Class I price differential which amendment shall file the same with the increase the annual average level of the compared to May and June, months of Director of the Tobacco Branch, Produc­ differential. flush production, would be 10 cents tion and Marketing Administration, (2) Revising the Class n milk price higher for the 4 months of March, April, United. States Department of Agriculture, differential over the basic formula price July, and August, and 25 cents higher for Washington 25, D. C., not later than the to provide a seasonal price pattern and the 6 months of September through Feb­ close of business on the 15th day after increase the annual average level of the ruary. Normally the basic formula price the publication of this notice in the F ed­ differential. will be from 20 to 40 cents higher during eral R egister. All documents should be (3) Reviewing the provisions of the the short production months than for May and June. Also normally the per- filed in quadruplicate. order relating to handler location ad­ Thursday, June 26, 1947 FEDERAL REGISTER 4145

centage utilization of producers’ milk for The price of livestock and grains have trend. Attempting to find an index that fluid purposes is higher during the fall advanced sharply in 1947 and, compared will reflect many milk price making fac­ and winter months, resulting in about 10 to decreasing milk prices, offer returns tors the order provides a basic formula cents higher blend price compared to from alternative farm enterprises which price which is the price paid for manu­ May and June. Adding these three fac­ will tend to discourage milk production facturing milk by a ^selected group of tors together' it is estimated : that the if this relationship continues over an ex­ midwest condenseries. The basic price blend price for t-he--short production tended period of time. formula does not, however, reflect fully months will exceed the May and June Tri-State handlers compete with milk all the factors necessary at arriving at prices fyom 55 to 75 cents. Recent price buyers in other areas for milk supplies a price for Class I milk. The order plans employed in the Tri-Stete area to be used for fluid milk purposes. Milk therefor provides a differential that is have not provided as much seasonal vari­ dealers operating in Charleston, West added to the basic formula price to ar­ ation in producer prices as was custom­ Virginia, procure milk^from farmers re­ rive at the Class I price. This differen­ ary prior to thé maximum price regula­ siding in the Tri-State milkshed. Some tial is utilized to reflect various price tions during the war emergency. For of these farmers were formerly producers making factors not fully covered by the this period of time farmers were induced for Tri-State handlers. Condenseries re­ basic formula and to balance the relative to produce all the milk possible with little ceiving both graded and ungraded milk weights of such factors under current regard to the season or to the require­ in the Tri-State milkshed supply milk to local economic conditions so that the ments of the local market. Under these fluid users in Charleston, West Virginia, Class I price will be at a level which will conditions maximum milk production and eastern cities. The Charleston, reflect, in addition to the price and avail­ shifted to the spring months when pro­ West Virginia, market is located in a ability of feeds, other economic condi­ duction costs are at their lowest level. deficit milk production area and is a con­ tions which affect market supply and de­ To halt and reverse this trend, especially stant competitive outlet for milk sup­ mand for milk in the marketing area and at a time when general milk market con­ plies of the Tri-State market area. will insure an adequate supply of pure ditions are unsettled, will require definite Charleston, West Virginia, buyers of milk and wholesome milk and be in the public assurance that for this fall and winter are soliciting producers in the Tri-State interest. The basic formula price has the prices will be substantially higher area and were offering $5.60 per hun­ decreased 68 cents from November, 1946 than for May and June. An absolute dredweight during February, 1947, com­ to January, 1947, the last month reported' floor price for Class I milk will give pared to $4.76 paid by Tri-State han­ in the hearing record. Farmers produc­ farmers this assurance. Furthermore, dlers in the other than Huntington. The. ing milk for fluid purposes must use feed, the level of production of regular pro­ Waterford Creamery, Athens,* Ohio, labor and supplies more extensively to ducer milk has been insufficient to meet quoted £ price of $5.60 for the last half maintain production at a more uniform the heeds ol Class I milk and Class n of January, 1947. The Crowley Dairy of and higher level than is required of man­ milk in the Tri-State area. During the Jackson, Ohio, quoted $5.40 during Feb­ ufacturing milk producers. Conse­ 18 months period (August 1945-January ruary, 1947. Both of these quotations quently, the increases in the prices which 1947) under the order the receipts of milk were for 4 percent butterfat Grade “A” have taken place in those commodities from regular producers was only 88 per­ milk to be shipped to eastern markets affect the fluid milk producers more than cent of the total milk utilized in Class I including Charleston, West Virginia. One the producers of milk for condenseries. and Class II. It has been necessary for Tri-State handler in Marietta, Ohio, is Handlers contend that since the pres­ handlers to supplement producer milk in engaged in supplying milk procured in ent Class I differential was established, -Class I-and n with milk from other excess of his own .fluid requirements to producer prices have advanced and some sources, usually not meeting the quality the Charleston, West Virginia, market. feed prices have declined, and for these standard of regular producer milk. The Class I differential over the basic reasons they urge that no change be Handlers objected to the recommended formula price (18 midwest condenseries) made in the annual average level of the decision in connection with the seasonal was established November 1, 1946, when Class I differential. The present Class I price differentials by contending that the basic formula price was relatively differential of 95 cents and 75 cents for there was na basis in the notice of hear­ high compared to the prices paid by the Huntington and other than Hunting- ing and hearing record for the inclusion Southern Ohio condenseries and Charles­ ton areas over the basic formula price of floor prices in the seasonal price pat­ ton, West Virginia, handlers. Since that was made effective November 1, 1946. tern. Although floor prices were not re­ time the basic formula price and the re­ The Huntington district Class I price for ferred to as such in connection with the sulting Class I price have decreased rel­ February, the latest price quoted in the seasonal price proposals, floor prices are atively lower than the prices paid by record, was 99 cents less than the price only an adjunct to insure a minimum Ohio condenseries and Charleston han­ for November. To continue the differen­ degree of seasonality, nought by handlers dlers. The basic formula price declined tial at the present level because some themselves, in the price pattern during 68 cents from November, 1946, to Janu­ feed prices may have declined slightly the next few months of postwar abnor­ ary, 1947. The Southern Ohio conden- since the differential was established mal market conditions. The weight of the sery average price declined 47 cents and would lose sight of the fact that, what­ evidence in connection with the pricing the Charleston price remained approx­ ever decline may have occurred in some proposals disclosed the extreme urgency imately constant for the same period. feed prices has been accompanied by a of leveling out milk production as soon Thus for January, the Class I price was. considerably greater decline in milk as possible. To accomplish the needed at a 21-cent lower level compared to prices and would ignore the other here­ increase in production during the short competing Ohio condenseries and 68-cent tofore mentioned price-making factors production months of 1947-48 season in lower level compared to Charleston and is therefore unwarranted. Handlers this deficit milk supply area, definite as­ prices than when the present differential also minimize the competition between surance of adequate price seasonality was established. This relative difference the Tri-State area and the Charleston, must be given to producers at this time. in prices makes the Tri-State milk supply West Virginia, market and the local con­ The establishment of floor prices for the more vulnerable to competing markets. denseries and assert that the “local con- next few months as a part of the sea­ The trend of the costs of feeds, labor, densery threat” is a fiction and that the sonal price pattern is simply a means of and supplies incurred by producers in the Charleston threat is siqiilar to that guaranteeing a definite amount of sea­ production of milk has been upward dur­ which has existed over a long, period of sonality in the seasonal pricing plan pro­ ing 1946 and 1947. The price of 16 per­ time. However, the record shows that cent dairy ration, a representative dairy posed by producers and supported by these competitive markets do have a sub­ feed, has increased substantially for the stantial effect on the supply of milk in both producers and handlers at the pub­ first 3 months of 1947 as compared to lic hearing. It is concluded that such the Tri-State area and therefore must the same period of 1946. The price of be considered in determining a Class I a price pattern will afford an incentive this feed decreased somewhat from July, to shift milk production from spring to differential which will tend to procure 1946 (the peak reached when ceiling and maintain an adequate supply of milk fall and winter months. prices were removed) until February, for the Tri-State market. General economic conditions and busi­ 1947. During February, and March, 1947, It is concluded that the proper weigh-~ ness activity indicate a continued good the price of mixed dairy feeds advanced ing of the above mentioned price-making demand for milk and milk products. sharply and established a new upward factors, a shortage of producer milk in 4146 PROPOSED RULE MAKING relation to fluid sales, a good demand for milk shall not be less than $4.62 and to persons in the respective classes of fluid milk, the increasing disparity be­ $4.42 for the Huntington and other than industrial and commercial activity tween the prices of fluid milk and the Huntington district, respectively, and specified in the said tentatively approved prices of competing farm enterprises, the for the months of September, October, marketing agreement* upon which the competition of other areas at higher November and December, 1947, such hearing has been held; and prices for the Tri-State milk supply, and prices shall not be less than $5.06 and (c) The prices calculated to give milk the disparity between local condenseries $4.86, respectively: And provided fur­ produced for sale in the said marketing and basic formula prices, indicate the ther, That 'the Class I prices for January area a purchasing power equivalent to need for revising the level of the Class I 1948 shall not be less than the December the purchasing power of such milk as price differential upward approximately 1947 Class I prices minus $0.44 and that determined pursuant to sections 2 and 8 30 cents per hundredweight on an an­ the February 1948 Class I prices shall (e) of the act are not reasonable in view nual average. It is further concluded not be less than, the January 1948 Class of the price of feeds, available supplies that the milk producers of the Tri-State I prices minus $0.44. of feeds, and other economic conditions area need at this time, when they are (2) The Class n milk price differen­ which affect market supply of and, de­ planning their fall and winter produc­ tial over the basic formula price should mand for such milk, and the minimum tion program, more definite assurance as be revised to provide a seasonal price prices specified in the proposed market­ to the level of milk prices than is afforded pattern (including “floor prices”) and ing agreement and order, as amended, by the basic formula. In order to ob- i an increase in the annual average level and as hereby proposed to be, further viate uncertainty inherent in the basic' of the differential. The relationship amended, are such prices as will reflect formula during abnormal postwar mar­ between the present Class I and Class the aforesaid factors, insure a sufficient keting conditions a “floor price” for Class II differentials should be maintained quantity of pure and wholesome milk, I milk is established below which the month by month in the revised seasonal and be in the, public interest; price will not be permitted to go. The price pattern and in the floor prices. Marketing ' agreement and order. level of floor prices for the fall and win­ The material facts with reference to Made a part hereof are two documents ter months should be substantially high­ revising the Class n price differential entitled “Marketing agreement regulat­ er than the prices prevailing during May oyer the basic formula price to a sea­ ing the handling of milk in the Tri-State and June to emphasize the seasonal fac-. sonal pattern and a higher annual marketing area” and “Order amending tor of milk pricing and assure farmers average level and the floor prices are the order, as amended, regulating the of higher prices during the seasons when the same as those set forth with respect handling of milk in the Tri-State mar­ an increase in milk production is most to Class I. keting area,” which have been decided needed by the market. A Class I floor ' (3) The provisions of the order re­ upon as the appropriate and detailed price for the other than Huntington dis­ lating to handler location adjustment means of effecting the foregoing con­ trict beginning July 1„1947 of $4.42 -and deductions on producer milk should be clusions. These documents shall not increasing to $4.86 beginning September deleted. become effective unless and until the re­ 1, 1947 (44 cents below November 1946) Handlers do not receive milk from quirements of § 900.14 of the rules of will recognize this seasonality and result producers except at a “fluid milk plant” practice and procedure governing pro-' in prices well above the current level of as defined in § 972.1 (h) (1) of the order. ceedings to formulate marketing agree­ May and June prices. Following a sea­ Producers retain, titkf to milk until it is ments and marketing orders have been sonal pattern, any decreases in the Class received by a handler at a fluid milk met. . I prices which may be predicated on the plant as defined in § 972.1 (h) (1) of It is hereby ordered, That all of this basic formula price should be limited so the order. No handler operates or has decision, except the attached marketing that the maximum decline from Decem­ operated a fluid milk plant as defined agreement, be, published in the F ederal ber 1947 to January 1948 will be $0.44, in § 972.1 (h) (2) of the order and there R egister. The regulatory provisions of and similarly, that the maximum decline is no evidence that such a plant will' be said marketing agreement are identical from January 19Î8 to February 1948 also operated. Location adjustments pur­ with those contained in the order, as will be $0.44. These limitations will pre­ suant to § 972.8 (g) have not been made amended, and as further amended by the vent any precipitous price drops immedi­ because producer milk was not received attached order, amending the order, as ately following the period for which by a handler under such circumstances. amended, which will be published with greater production is to be encouraged. Therefore § 972.1 (h) (2) and § 972.8 (g) the decision. Handlers objected to the recommended are superfluous and should be deleted. This decision filed at Washington, decision in regard to the higher level of These provisions of the order may be D. C., this 20th day of June 1947. class price differentials. However, it is deleted * without revising other provi­ concluded that the price differentials [seal] N. E. Dodd, sions of the order. Acting Secretary of Agriculture. set forth below are necessary to reflect The recommended decision contained competitive conditions and the price of rulings on the proposed findings and con-* Order/ Amending the Order, as Amend­ feeds, the available supplies of feeds, and elusions submitted by interested parties ed, Regulating the Handling of Milk other economic conditions which affect in this proceeding. Such rulings are in the Tri-State Marketing Area market supply and demand for milk or confirmed except as modified by the find­ its products in the marketing area, in­ ings and conclusions set forth/ herein. § 972.Ò Findings upon the basis of sure a sufficient quantity of pure and Exceptions were filed on behalf of certain the hearing record. Pursuant to Public wholesome milk, and be in the public handlers subject to Order No. 72 with Act No. 10, 73d Congress (May 12,1933), interest. respect to certain of the findings and as amended and as reenacted and These changes are accomplished by conclusions contained in the recom­ amended by the Agricultural Marketing revising the present year-round Class I mended decision. With regard to the Agreement Act of 1937, as amended price differentials of $0.95 and $0.75 for exceptions filed by handlers to certain (hereinafter referred to as the “act”), the Huntington and other than Hunting- findings and conclusions of the recom­ and the rules of practice and procedure ton districts, respectively, above the basic mended decision, this decision contains covering the formulation of marketing formula price, to the following seasonal a ruling thereon-in the discussion of the pattern: agreements and orders (7 CFR, Supps. material issue to which the specific ex­ 900.1 et seq., 11 F. R. 7737,12 F. R. 1159), ception refers. a public hearing was held upon certain Other (4)' General, (a) The proposed mar­ Hunting- than proposed amendments to the tentatively keting agreement and the order, as Month ton Hunting- approve^ marketing agreement and to district ton amended, and as hereby proposed to be district further amended and all of the terms the order, ’ as amended, regulating the and conditions thereof will tend to ef­ handling of milk in the Tri-State mar- May and June...... $1.10 $0.90 March, April, July and August... 1.20 1.00 fectuate the declared policy of the act; This order shall not become effective un­ Other 6 months...... 1.35 4.15 (b) Tlje proposed marketing agree­ less and until the requirements of § 900.14 1.25 1.05 ment and order, as amended and as of the rules of practice and procedure gov­ hereby proposed to be further amended, erning proceedings to formulate marketing Provided, That for the months of July regulates the handling of milk in the agreements and marketing orders have been and August, 19^7, the prices for Class I same manner as and is applicable only met. Thursday, June 26, 1947 FEDERAL REGISTER 4147

keting area. Upon the basis of the evi­ and as reenacted and amended by the Hunting- dence at such hearing and the record ton dis­ Other Agricultural Marketing Agreement Act thereof, it is found that: Delivery period trict plants of 1937, as amended^ (hereinafter re­ (a) The said order as amended and as plants ferred to as the “act”) , and the rules of hereby further amended, and all of the practice and procedure governing pro­ terms and conditions of said order, as May and Junel...... $1.10 $0.90 ceedings to formulate marketing agree­ March, April, July, and August__ 1.20 1.00 amended, and all of the terms and con­ September, October, November, ments and marketing orders (7 CFR, ditions of said order, as amended and as December, January, and Feb- \ Supps,, 900.1 et seq., 11 F. R. 7737, 12 "hèreby further amended, will tend to ef­ ruary__...... 1.85 1.16 F. R. 1159), a public hearing was held at fectuate the declared policy of the act; Columbus, Ohio, on March 10-14, 1947, (b) The prices calculated to give milk Provided, That for the months of July pursuant to the notice thereof which produced for sale in said marketing area and August, 1947, the prices for Class I was published in the F ederal R egister a purchasing power equivalent to the milk shall not be less than $4.62 and on Ffeb. 27, 1947 (12 F. R. 1400), upon purchasing power of such milk as deter­ $4.42 for the Huntington and other than certain proposed amendments to the mined pursuant to sections 2 and 8 (e) Huntington district, respectively, and tentatively approved marketing .agree­ of the act are not reasonable in view of for the months of September, October, ment and to the order, as amended, reg­ the price of feeds, available supplies of November and December, 1947, such ulating the handling of milk in the Co­ feeds, and other economic conditions prices shall not be less than $5.06 and lumbus, Ohio, marketing area. which affect market supplies of and de­ $4.86: And provided further, That the Upon the basis of the evidence intro­ mand for such milk, and the minimum Class I "prices for January 1948 shall not duced at sucn hearing and the record prices specified in the order are such be less than the December 1947 Class I thereof, the Assistant Administrator, prices as will reflect the aforesaid fac­ prices minus $0.44 and that thè February Production and Marketing Administra­ tors, insure a sufficient quantity of pure 1948 Class I prices shall not be less than tion, on May 21, 1947,. filed with the and wholesome milk, and be in the public the January 1948 Class I prices minus Hearing Clerk, United States Depart­ interest; and $0.44. ment of Agriculture, his recommended (c) The said order, as amended and as 3. Delete § 972.5 (c) and substitute decision in this proceeding. Thefnotice hereby further amended, regulates the therefor the following: of the filing of such recommended deci­ handling of milk in the same manner as sion and opportunity to file written ex­ and is applicable only to persons in the (c) Class II milk prices. Subject to ceptions thereto was published in the respective classes of industrial and com­ the provisions of (e), Cf), (g) and Ch) of F ederal R egister May 24, 1947 (12 F. R. mercial activity specified in a marketing this section, the minimum prices per 3352). < agreement upon which hearings have hundredweight on a 3.5 percent butter- The material-issues presented on the been held. fat content basis to be paid by each han­ record of the hearing were: The foregoing findings are supplemen­ dler for producer milk classified as Class - (1) The clarification of the definition tary and in addition to the findings made II milk, shall be the basic formula price of a “fluid milk plant” by the inclusion in connection with the issuance of the determined pursuant to paragraph (a) in the order of a definition covering a aforesaid order and the findings made in of this section plus the following “route.” connection with the issuance of each of amounts for the delivery periods indi­ (2) Introduction of a “producer- the previously issued amendments cated: handler” definition with three conform­ thereto; and all of said previous findings ing changes in the order. are hereby ratified and affirmed except Hunting- (3) The inclusion of a definition of a ton Other insofar as such findings may be in con­ Delivery period- district plants “market pool handler” together with flict with the findings set forth herein. plants conforming changes including a provi­ Order Relative to Handling sion for payment to producers by han­ $0.80 $0.60 dlers other than market pool handlers It is therefore ordered, That on and March, April, July, and August.. .90 .70 September, October, November, on an individual-handler pool basis. after the effective date hereof, the han­ December, January, and Feb- (4) Reports by the market adminis­ dling of milk in the Tri-State marketing ruary...... 1.05 : .85 trator to the cooperative association area shall be in conformity to and in covering the utilization of producer milk compliance with the terms and condi­ Provided, That for the months of July by each handler. tions of the aforesaid order, as amended, and August, 1947, the price for Class n (5) A change in the classification of and as hereby further amended; and the milk shall not be less than $4.32 and $4.12 milk used to produce cottage cheese aforesaid order, as amended, is hereby for the Huntington and other than from Class n milk to Class HI milk. further amended as follows: Huntington district, respectively, and (6) A change in the classification of 1. Delete § 972.1 (h) and substitute for the months of September, October, inventory from Class I milk to Class IV therefor the following: November and December, 1947, such milk. Or) “Fluid milk plant” means a plant prices shall not be less than $4.76 and (7) Revision of the shrinkage provi­ out of which a route is operated wholly $4.56: And provided further, That the sion to permit a cumulative basis for or partially within the marketing area: Class H prices for January 1948 shall determining shrinkage classification in Pro'ôided, That a “fluid milk plant” shall not be less than the December 1947 Class IV milk and a change in the not mean such portions of a building or Class II prices minus $0.44 and that the method of allowing shrinkage on milk facilities used for receiving or processing February 1948 .Class II prices shall not diverted to .the plant of a handler. such milk, or milk product, as is required be less than the January 1948 Class H (8) The substitution of sworn state­ by the appropriate health authority to be prices minus $0.44. ments for audits to verify the utilization kept physically separate from the re­ 4. Delete § 972.8 (g). of milk or cream transferred by han­ ceiving of processing of Class I milk for dlers to nonhandlers. [F. R. Doc. 47-6008; Filed, June 25, 1947; the community (s) served. 8:49 a. m.] (9) Revision of the provisions cover-’ ing the allocation of milk. 2. Delete § 972.5 (b) and substitute (10) Revision in the method of deter­ therefor the following: mining baèic price formulas. (b)'Class I milk prices. Subject to the (11) A change in the level and seasonal provisions of (e), (f), (g) and (h) of 17 CFR, Part 9741 pattern of class prices and in the emer­ this section, the minimum prices per . Handling of Milk in Columbus, Ohio, gency price provisions. hundredweight on a 3.5 percent butterf at Marketing Area (12) The determination and an­ content basis to be paid by each handler nouncement of the uniform price to pro­ for producer milk classified as Cl^ss I DECISION WITH RESPECT TO PROPOSED MAR­ ducers on a 3.5 percent butterfat basis milk, shall be the basic formula price KETING AGREEMENT AND PROPOSED AMEND­ replacing the present 4 percent basis. determined pursuant to paragraph (a) MENTS TO ORDER (13) Replacement of the current mar­ of this section plus the following amounts Pursuant to Public Act No. 10, 73d ket-wide pool by an individual-handler for the delivery periods indicated: Congress (May 12, 1933), as amended pool. 4148 PROPOSED RULE MAKING

(14) The inclusion in the order of con­ producer-handler definition are likewise “seasonal surplus” milk of the Columbus version factors covering certain dairy deferred until such times as an appro­ market, although during the past year products. priate definition is included in the order. larger quantities of cottage cheese were (15) The elimination of payments into (3) A definition of a “market pool made in May and June than in October the pool by handlers on receipts from handler” should not be included in the and November. The classification of this producer-handlers. order. product in a lower-priced class would (16) Revision of the section providing This definition was intended to dis­ tend to encourage the use of milk in cot­ for administrative assessments. tinguish between handlers who sold 25 tage cheese when milk is needed for use (17) Revision of the section providing percent or more of the receipts of their in the higher-priced classes. for marketing services. milk from producers and other handlers (p) A proposal to classify inventory (18) General..* as Class I milk during the delivery period. variation in Class IV milk rather than Findings and conclusions. The recom­ Producers furnishing milk to handlers in in Class I milk should not be adopted. mended decision contained rulings on the former group would receive a ^uni­ The bulk of inventory variation is in the the proposed findings and conclusions form price for their milk on the basis form of whole milk. Its ultimate use submitted by interested parties in this of the combined utilization of milk by has not been determined at the time proceeding. Such rulings are confirmed all handlers in such group while pro­ handlers are required to make reports to except as tney are modified by the find­ ducers supplying the latter handlers the market administrator. Most of in­ ings and conclusions set forth herein. would receive a price on the basis of the ventory variation is ultimately used in Exceptions were,filed on behalf of the individual handler's utilization of milk. and classified as Class I milk. There is Central Ohio Cooperative Milk Pro­ There are no handlers marketing less no difference in final cost to handlers or ducers, Inc. and all handlers subject to than 25 percent of their producer re­ in returns.*to producers resulting from Order No. 74 with respect to certain of ceipts as Class I milk at the present either method of classification. the findings and conclusions contained time. Hence, there is no handler to The reasons given for proposing this in the recommended decision. The whom the proposal would apply. ‘ There change in inventory classification were handlers excepted generally to the fail­ is no substantial evidence to support the that the present method results in dis­ ure of the recommended decision to percentage proposed or any other spe­ torted statistics for the market. The evi­ recommend the adoption of > certain cific percentage. Moreover, there is no dence failed to show, however, that the amendments to the order proposed by justification for providing a means suggested change would lessen this dis­ them, but such exception does not indi­ whereby the prices received by some tortion even if inventory were classified cate in what respects the findings and producers should be less than the price in Class IV milk. conclusions, referred to in such general received by other producers. A similar (7) (a) The proposal for the account­ exception, are contrary to the evidence. proposal was considered at the promul­ ing for shrinkage in Class IV milk on a The implied request to make different gation hearing, but was not adopted and cumulative basis from January 1 of each findings and conclusions on the issues no evidence was presented to show year through the current delivery period covered by the general exception is de­ changed conditions in this respect. For should not be adopted. nied. the foregoing reasons, it is concluded The proposal has the effect of chang­ No specific exceptions were filed with also that the four other conforming pro­ ing the definition of “delivery period” regard to the findings and conclusions of posals relative to the proposed pooling with respect to the classifying of shrink­ the recommended decision on issues (1), arrangements should not be adopted. age. The great bulk of milk must be (2), (4), (5), (6), (13), (14), (15), (16), The exceptions filed by handlers do not utilized within the month during which and (17). The findings and conclusions present any compelling reasons for find­ it is received. The competitive position hereinafter set forth on these issues are ings and conclusions on this issue dif­ of handlers relative to milk supplies substantially the same as those con­ ferent from those contained in the rec­ varies widely from month to month and tained in the recommended decision. ommended decision. seasonally. In view of these variations With regard to the specific exceptions to (4) The proposal by the Central Ohio it would appear that the greatest equity certain findings and conclusions of the Cooperative Milk Producers Association, would result from the computation of recommended decision, filed by either Inc., that the market administrator handlers' Costs on as current a basis as is producers or handlers, this decision con­ should furnish to each cooperative asso­ practical. The accounting for shrink­ tains a ruling thereon in the discussion ciation a monthly report with respect to age on a cumulative basis would be ad­ of the material issue to which the specific each handler of “the percent of utiliza­ ministratively burdensome because au­ exception refers. tion in each class of milk of producers as dits would not be closed until the end The following findings and conclusions qualified in accordance with § 974.9 (b) ” of the calendar year. Producers rec­ on the material issues are based upon the should not be adopted at this time. ommend that shrinkage classified in evidence introduced at the hearing and The health requirements applicable to Class IV milk should be limited to 1 .per­ the record thereof : milk for Class II and Class III uses are cent on butterfat and 2 percent on ( 1) The term “route” should be defined the same as those for Class I uses. The skim milk. The record does not contain and the term “fluid milk plant” should price levels decided upon for the several sufficient evidence to justify a decrease^ be revised in conformance with the new classes take this fact into account. There in the maximum percentage allowance language added by the definition of was no evidence to indicate that producer for shrinkage. In view of these facts “route”. milk is being used in Class HI in exces­ there appears to be no substantial reason There has arisen a question concerning sive quantities during the periods when, for changing the present shrinkage al­ the status as a fluid milk plant, of any such milk might be used in Class I. In lowance at this time. Accordingly, no plant located outside the marketing area view of this, it does not appear that the modification of the findings and conclu­ from which Class I milk may be disposed adoption of the proposal at this time is sions contained in the recommended of directly to a state or municipal institu­ necessary to effectuate the market-wide decision on this issue should be made as tion located in the marketing area. The pool provisions of the order or to estab­ a result of the producer exceptions. revision will clarify the meaning of lish producer prices at the proper level. (b) The shrinkage allowance on milk “wholesale or retail routes” now con­ Likewise the same conclusion and sup­ diverted by a handler to the plant of tained in the definition of “fluid milk porting findings are applicable to the another handler should be allowed to the plant” and eliminate any such question. alternative proposals offered in this con­ latter handler. This would permit the (2) The inclusion in the order of a nection. second handler the shrinkage allowance definition of “producer-handler” is not on all milk for which he is the first re­ (5) The proposal with respect to classi­ ceiver. This change in shrinkage ac­ necessary at this time. fying skim milk and butterf at used in cot­ The inclusion of such a definition would counting will not change substantially not change the meaning of the present tage cheese as Class III milk rather than the total shrinkage of handlers or re­ order, but merely shorten the language as Class H milk should not be adopted. turns to producers and will provide in several provisions. It is concluded Cottage cheese is a year-round prod­ greater convenience to handlers in set­ that this revision be deferred until such uct which must be made from fresh, in­ tling for interhandler transfers. time as the entire order is rewritten. spected milk and cream. There is no (a) The substitution of “sworn state­ The three other proposals providing for evidence to indicate that cottage cheese ments” for “audits” in the provision cov­ conforming changes with respect to-the is utilized merely -as an outlet for the ering the transfer of milk and cream by Thursday, June 26, 1947 FEDERAL REGISTER 4149

handlers to nonhandlers should not be sistant Administrator’s findings and each class in each bracket varies from adopted. ^conclusions on this issue. slightly less than 70 percent to slightly There was no evidence that nonh&n- (19) (a) The method of determining more than 74 percent of the price of dlers had refused to buy milk from han­ the basic formula price for milk should 3.5 percent milk in the lowest bracket dlers because of the auditing require­ not be changed. as compared to the highest bracket ments. Moreover, the evidence indi­ The Columbus basic formula price is reached during the first full year in cated that the only practical method of based upon the price paid by 18 midwest- which the order was in operation. For verifying the claimed utilization of milk era condenseries or on a butterfat-non- the same period, the average of the per­ is by audit whether the claimed utiliza­ fat dry milk solids formula price, which­ centage relationships of the value of tion is by a handler or a nonhandler. ever is the higher. The present basic butterfat to the respective class prices With regard to the exceptions of-han- formula price has reflected very closely of 3.5 percent milk for each month was dlers to the findings and conclusions the prevailing price for manufacturing 72.8 percent. The average basic formula contained in the recommended decision milk in the vicinity of the Columbus price, as pointed out in the fluid milk on this issue, the record does not indi­ market. Competitive manufacturing handlers* exceptions, would fall within cate it will be impractical for the market outlets for milk in the Columbus milk- > the range of the $3.50 to the $3.75 administrator to verify the reported uti­ shed include condenseries and butter and bracket. In this bracket the average lization of producer milk transferred by powder plants some of which also pro­ relationship of the value of butterfat to a handler to a nonhandler. duce certain specialty milk products. the value of 3.5 percent milk in Class I (9) (a) The proposal to allocate all There is little or no direct competition milk, Class II milk, and Class m milk or a portion of “other source milk” to by cheese factories for milk produced in was 73.07. It is concluded that the use Class I milk during the'period when pro­ this area. In view of these facts the of 73 percent for determining the value ducers fail to deliver milk in an amount higher of the condensery pay price o r . of butterfat for each class will maintain equal to 115% of the handler’s Class I the price resulting from the butter and the approximate relationship that has milk sales should not be adopted. nonfat dry milk solids formula is cur­ existed during the past year. This will A portion of the “other source milk” r e n tly more representative of competi­ result in a skim milk price in each class received in the market does not meet the tive manufacturing prices than any com­ equal to 27 percent of the class price of health requirements applicable to milk bination of formula prices as proposed 3.5 percent milk. Therefore, thè per for Class I uses. Such milk should not for the determination of the basis for­ hundredweight price of skim milk in be given preferential treatment over pro­ mula price. Moreover, the evidence indi­ each class is equal to .2798 times the ducer milk, or allocated to a class in cates that Columbus prices must be respective per hundredweight class price which its utilization is not permissible. placed in better alignment with prices and the per hundredweight price of but­ The only “other source milk” which may in other regulated markets in Ohio in terfat is equal to 20.86 times the per be used properly as Class I milk is con­ order that Columbus handlers may com­ hundredweight class price. The price trolled by one handler. Under these con­ pete for supplies of milk on an equitable plan adopted this relationship of skim ditions, any preference given to such competitive basis. At the present time milk and butterfat prices in the basic milk would tend to give an Undue ad­ the class prices in these competitive Fed­ formula price. Thus, the basic formula vantage to the handler controlling it. eral order markets are based on a price per hundredweight of skim milk is The alleged purpose of the proposal formula similar to that contained in the expressed as .2798 times the basic for­ was to encourage producers to supply a present Columbus order. mula price of milk and the basic formula quantity of milk sufficient to meet the (b) The make allowance on butter in price per hundredweight of butterfat is Class I needs of the market at all times. the basic formula price should be in­ expressed as 20.86 times the basic for­ In support of their proposal, handlers creased from 3 cents to 3.5 cents per mula price of milk. To thesè values will contend, in their exceptions, that the pound, but the present 4 cent make al­ be added the appropriate differentials order as now written, “rewards producers lowance on nonfat dry milk solids should to obtain the class price which has been for under-production, for, through un­ not be changed. found necessary to effectuate the de­ der-production more of their milk is al-. The record indicates the cost of mak­ clared policy of the act.1 located to Class I.” This contention is ing butter to be slightly above 3 cents (11) (a) The “bracket” system of es­ contrary to the commonly accepted prin­ per pound and the cost of making non­ tablishing Class I, Class II, and Class ciple that higher prices will tend to stim­ fat dry milk solids to be approximately III prices should be eliminated. ulate production. The Columbus mar­ 4 cents per pound. The make allow­ The milk shed for the Columbus mar­ ket is available to all dairy farmers who ance on butter and nonfat dry milk keting area overlaps the milk sheds of can meet the health requirements and. solids of 3.5 cents and 4 cents per pound, other Ohio marketing areas operating is not limited to theproducers now sup­ respectively, is therefore reasonable. The under orders issued pursuant to the act plying the market. The total milk sup­ evidence relied upon by the handlers and of other alternative outlets for mar­ ply is dependent upon the supply re­ in excepting to the allowance for the ket milk. Price changes resulting from sponses of all producers now qualified cost of making nonfat dry milk solids the bracket system have disturbed the under prevailing health requirements, or was outweighed by other testimony on balance between the Columbus market who may become so qualified. The this point. price and the prices of such alternative proper pricing of milk should do more Except with respect to the make allow­ outlets. to bring forth an adequate supply of ance for butter there should be no change Moreover, the bracket system has pro­ milk by stimulating an increase in the in substance of the butter and nonfat moted uncertainty with respect to class production of present producers and by dry milk solids formula. However, the prices when the basic formula price has providing an incentive for new producers language in the current order describing fluctuated at è level near the outer limits to come on to the market, than would this formula may be amplified and clari­ of a particular bracket. the handlers’ proposal here considered. fied.. Since it is decided that the pricing (b) Class prices for skim milk and The seasonal pattern of prices decided provisions of the order be revised in the butterfat should be established by stated upon should encourage the needed pro­ manner hereinafter set forth, it is con­ differentials over tìie basic price for skim duction of milk not only for Class I use, cluded that, as a part of such revision, ✓ milk and butterfat at levels which will but also for all uses requiring qualified the butter-nonfat

Handlers proposed an even-production (13) A proposal undfer which payments necessary to require monthly public an­ incentive plan through a “take-out ahd to producers would be computed on the nouncements by the market administra­ pay-back” system of establishing uni­ basis of an individual-handler pool should tor. This revision will simplify the es­ form prices on a seasonal basis (some­ not be adopted. tablishment of appropriate rates of as­ times known as “Louisville plan”) . Pro­ Under the current market-wide pool sessment any time that the assessment ducers objected strenuously to this plan. all producers receive a uniform price rate must be changed. The successful operation of such a plan computed on the basis of the combined (17) The section providing for mar­ necessitates wide-spread producer ap­ classification of milk received by all han­ keting service deductions should be re­ proval and cooperation. For this reason dlers. An individual-handler pool would vised to (i) authorize the Secretary to this plan is not feasible for the Columbus establish as many different prices as fix the assessment rate below the maxi­ market at this time. Many of the ob­ there are handlers. It was indicated this mum prescribed in such section and (ii) jectives of the plan outlined by handlers would tend to breed' dissatisfaction eliminate the application of the market­ should be accomplished by the establish­ among Columbus producers. The facil­ ing service deductions to milk of a han­ ment of class prices on a seasonal basis. ities for handling “surplus” milk are lim­ dler’s own production. (d) The emergency price provision, ited to a few plants. Evidence in the The fixing of the rate of marketing § 974.5 (g) (2), should be revised to cover hearing record failed to establish any service deductions by the Secretary (who Class m milk. new facts which woijld change the orig­ must now review the rate established by This section provides for the suspen­ inal conclusions providing for a “mar­ the market administrator) will simplify sion of Class I and Class II milk prices ket-wide pool” when the original order the procedure for establishing such rates by the Secretary under certain condi­ was promulgated. of assessment below the m aximum pre­ tions. Under the present wording it (14) A new provision requiring, in con­ scribed in the order. would be possible for the Class HI milk nection with the computation of product Marketing service payments are de­ price to exceed the Class I or Class II weights, the use of the “standard of signed primarily to , cover the cost of price. Such a result would be inconsist­ weights” of the Bureau of Dairy Indus­ verifying the weights and tests of pro­ ent With the classified pricing plan of the try, United States Department of Agri­ ducer milk. Producers who are not order. culture, should not be included. members of a cooperative association The Class IV price should not be in­ The Bureau of Dairy Industry, United usually are not in a position to govern cluded in the emergency price provision. States Department of Agriculture, has the disposition of milk and it is not prac­ The Class IV price is based upon open not issued any official standards of ticable for them to verify the weights market prices of products not requiring weights for dairy products. The prob­ and tests of deliveries of their own milk. inspected milk. No useful purpose could lems indicated in connection with the In the case of milk of a handler’s own be served by including the Class TV price ascertaining of proper weights by the production such service is not necessary under this provision. market administrator are not peculiar to as a protection since the handler has No change should be made in § 974.5 the Columbus market. Weight factors full control of the handling of such (g) (1), the general emergency price pro­ are necessary in the computation of class milk from the farm to its disposition vision. This provision has not created volumes of milk under any classified from his plant. any problem in the Columbus market. price plan. The provisions of several (18) General, (a) The proposed (12) Uniform prices for milk to pro­ orders under joint administration with marketing agreement and the order, as ducers should be announced on the basis Columbus are very similar, and appro­ amended, and as hereby proposed to be of 3.5 percent butterfat content rather priate weight factors may better result further amended and all of the terms than on a 4 percent basis as in the current from rule-making procedure by the mar­ and* conditions thereof will tend to effec­ order. ket administrator. This will permit a tuate the declared policy of the act; This change will not affect the han­ more flexible arrangement for the em­ (b) The proposed marketing agree­ dlers’ cost of milk. Because of this the ployment of weight factors to be used ment and order, as amended and as butterfat .test upon which the producers’ under similar order provisions. hereby proposed to be further amended, price is announced becomes a matter pri­ (15) The requirement that payments regulates the handling of milk in the marily of concern to the producer. The be made into the pool on milk transferred same manner as and is applicable only evidence indicates that producers would from a producer-handler to a handler to persons in the respective classes of prefer to receive payment based on an should be eliminated. industrial and commercial activity announced price reflecting a lower but­ Producer-handlers transfer an insig­ specified in the said tentatively approved terfat content. Producers’ satisfaction nificant amount of milk to regular han­ marketing agreement upon which the with the method of announcing^ the basis dlers. Most transfers are in the flush hearing has been held; and of their payments for milk tends to pro­ season and such milk is used in the lower- (c) The prices calculated to give milk duce more orderly marketing conditions priced uses. The milk of producer-han­ produced for sale in the said marketing and should be adopted, particularly when dlers is eliminated from the pool in a area a purchasing power equivalent to the change in such method of payment • manner similar to other source milk—in the purchasing power of such milk as does not change in any \yay the handlers’ series from the lowest-priced uses. This ■'determined pursuant to sections 2 and cost for milk. Moreover, the producer , treatment of producer-handler milk pro­ 8 (e) of the act are not reasonable in prices are announced on the proposed tects adequately the proper classification view of the price of feeds, available sup­ basis in most other Ohio markets as well of producer milk. plies of feeds, and other economic con­ as in many other markets throughout the (16) The section providing for an as­ ditions which affect market supply of country. Statistical comparisons of pro­ sessment covering administrative expense and demand for such milk, and the min­ ducer prices on the Columbus market and should be revised to provide for (i) imum prices specified in the proposed other markets would be facilitated if bhanges in the administrative assess­ marketing agreement and order, as prices were announced on a 3.5 percent ment rate below the maximum fixed in amended, and as hereby proposed to be basis. such section to be determined by the Sec­ further amended, are such prices as will The Columbus order requires a handler retary rather than by the market ad­ reflect the aforesaid factors, insure a to pay for skim miljc and butterfat at ministrator (subject to review by the Sec­ sufficient quantity of pure and whole­ class prices. Therefore, handlers’ costs retary), and (ii) elimination of the some milk, and be in the public interest. of milk are dependent solely on the class announcement by the market adminis­ Marketing agreement and order. An­ prices of skim milk an

further, That for the month of August, ment: Provided further, That if the and tests of such producer milk and to 1947, the prices per hundredweight for specified price is not reported or pub­ provide producers with market informa­ skim milk and butterfat in Class I milk lished and there is no applicable maxi­ tion, such services to be performed in shall not be less than $1,175 and $87.61, mum uniform price, or if the specified whole or in part by the market adminis­ respectively, and in Class II milk not less price is not reported or published and trator or by an agent engaged by and re­ than $1,105 and $82.40, respectively; and the Secretary determines that the mar­ sponsible to him. for the months of September, October, ket price is below the applicable maxi­ November, and December, 1947, such [F. R. Doc. 47-6039; Filed, June 25, 1947; mum uniform price, the market adminis­ 8:49 a. m.] prices for skim milk and butterfat in trator shall use a price determined by Class I milk shall not be less than $1,298 the Secretary to be equivalent to or com­ and $96.79, respectively, and in Class II parable with the price specified? milk not less than $1,228 and $91.58, re­ •(2) Whenever the Secretary finds and spectively: And provided also, That the announces that the price of Class I milk, 17 CFRf Part 9751 prices per hundredweight for skim milk Class II milk, or Class III milk computed [Docket No. AO-179-A1] and butterfat in Class I milk and Class II for any delivery period pursuant to para­ milk for January, 1948, shall not be less graph (b) of this section is above a level H andling op Milk in Cleveland, Ohio, than the December, 1947, prices of skim Which is in the public interest, the price Marketing Area milk and butterfat in such classes minus of Class I milk, Class II milk, or Class III PROPOSED AMENDMENTS TO TENTATIVELY $0,123 and $9.18, respectively, and such milk for such delivery period shall be the APPROVED MARKETING AGREEMENT AND prices for February, 1948, »shall not be same as the corresponding price for Class ORDER >■ less than such prices for January, 1948, I milk, Class II milk, or Class III milk Pursuant to the Agricultural Market­ minus $0,123 and $9.18, respectively. for the delivery period immediately pre­ ing Agreement Act of 1937, as amended (c) Class IV milk prices. Subject to ceding. (7 U. S. C. 601 et seq.), and in accordance the provisions of paragraph (e) of this 5. Delete from § 974.6 (a) the follow­ with the applicable rules of practice and section the minimum prices to be paid by ing proviso : “Provided, That if such han­ procedure (7 CFR, Cum. Supps. 901 et each handler for that portion of skim dler received milk, skim milk, or cream seq., 11 F. R. 7737, 12 F. R. 1159), as milk pr butterfat in producer milk re­ from a handler who received no producer amended, notice is hereby given of a ceived at his fluid milk plant and clas­ milk other than that of his own produc­ hearing to be held at the Carter Hotel, sified as Class IV milk shall be deter­ tion and disposed of the skim milk or 1012 Prospect Avenue, Cleveland, Ohio, mined as follows: butterfat contained therein as other than beginning at 10:00 a. m., e. s. t., June 30, (1) The price per hundredweight of in the lowest-priced use of the receiving 1947, for the purpose of receiving evi­ such skim milk shall be the prices de­ handler, there shall be added an amount dence with respect to proposed amend­ termined pursuant to paragraph (a) (2) equal to the difference between 01) the ments to the tentatively approved mar­ (ii) of this section, divided by 0.965; value of such skim milk or butterfat at keting agreement and order regulating and the price of such lowest-priced use and the handling of milk in the Cleveland, (2) The price per hundredweight of (2) the value computed in accordance Ohio, marketing area (11 F. R. 8207). such butterfat shall be the arithmetical with its class use.” These proposed amendments have not average of the daily wholesale prices per 6. Delete from § 974.6 (c) (3) the term received the approval of the Secretary of pound of 92-score butter in the Chicago “4 percent” wherever it appears and sub­ Agriculture: market as reported by the Department stitute therefor the term “3.5 percent.” The following amendments have been of Agriculture during the delivery period, 7. Delete from § 974.6 (c) (5) the term proposed: multiplied by 120: Provided, That the “4.0 percent” and substitute the term In § 975.1 Definitions: price per hundredweight of butterfal “3.5 percent.” By the Dairy Branch, Production and made in butter shall be such price per 8. Delete from § 974.7 (f) the section Marketing Administration: hundredweight less $4.20. reference “§ 974.5 (e)‘(2)” and substitute 1. Amend § 975.1 (g) (2) (ii) by sub­ (d) Prices of Class I milk and Çlass II therefor the section reference “§ 974.5 stituting the numeral “50” for the nu­ milk disposed of outside the marketing (c) (2).”- meral “10”. area. The price to be paid by a handler 9. Delete the provisions’of § 974.8 and 2. Delete § 975.1 (o) and substitute for Class I milk or Class II milk disposed substitute therefor the following: therefor the following: t of outside the marketing area shall be the same as the price applicable within § 974.8 Expense of administration. (o) “Route” means a delivery (includ­ the Columbus, Ohio, marketing area: As his pro rata share of the expense in­ ing a sale from a plant store) of milk, Provided, That Class I milk or Class II curred pursuant to § 974.2 (c) (3) each skim milk, buttermilk, flavored milk or milk disposed of in another marketing handler shall pay the market administra­ flavored milk drink in fluid form to a area Covered by a Federal milk market­ tor on or before the 12th day after the wholesale or retail stop(s), including ing agreement or order, issued pursuant end of each delivery period 2 cents per any ëating place where such items are to the act, shall be the price applicable hundredweight, or such lesser amount as disposed of for consumption on or off the within the Columbus, Ohio, marketing the Secretary from time to time may pre­ premises other than a pool plant (s) or a area, pursuant to this section, or the scribe, with respect to all receipts of skim nonpool plant (s). price applicable for milk of similar use milk and butterfat (except receipts from In § 975.3 Pool plant: or disposition in the other marketing other handlers) in (a) producer milk and By Milk Producers Federation of area, whichever is higher. (b) other source milk at a fluid milk Cleveland: (e) Emergency price provisions. (1) plant. 3. Amend § 975.3 (a) (2) (i) by adding Whenever the provisions hereof require 10.. Delete the provisions of §‘974.9 (a) to list of pool plants the following: the market administrator to use a spe­ and substitute therefor the following: “Cleveland, Ohio ______Milk Producers cific price (or prices) for milk or any § 974.9 Marketing services— (a) De­ Federation .of Cleveland.” milk product for the purpose of deter­ By Milk Market Survey Committee: mining minimum class prices or for any ductions. Except as set forth in para­ 4. Amend § 975.3 (a) by adding after graph (b) of this section each handler other purpose, the market , administrator the word “except” the following phrase shall add to the specified price the shall deduct from his-payments, pursuant “an ice cream plant operated either by a amount of any subsidy, or other similar to § 974.7 (a), 4 cents per hundredweight of milk, or such lesser deduction as the pool handler or a non-pool handler, payment, being made by any Federal and.” agency in connection with the milk, or Secretary from time to time may pre­ In § 975.4 Reports, records, and scribe, with respect to all producer milk product, associated with the price speci­ facilities: fied : Provided, That if for any reason the (except such handler’s own production) received during each delivery period, and .By the Dairy Branch, Production and price specified is not reported or pub­ Marketing Administration : lished as indicated, the market adminis­ shall pay such deduction to the market administrator on or before the 12th day 5. Delete § 975.4 (a) and substitute trator shall use the applicable maximum therefor the following f uniform price established by regulations after the end of such delivery period. of any Federal agency plus the amount Such moneys shall be used by the market (a) Delivery period reports of re­ of any such subsidy or other similar pay- administrator to check weights, samples, ceipts and utilization. On or before the 4154 PROPOSED RULE MAKING

8th day after the end of each delivery presence of such cream) ; butter, butter That the price of butterfat shall during period, each handler, except a producer- oil; cheese (including cottage cheese); no delivery period be less than the price handler, shall report to the market ad­ bulk condensed skim milk or whole milk of butterfat computed pursuant to (d> ministrator with respect to milk received (sweetened or unsweetened) ; evaporated (1) of this section, prior to the applica­ from producers, other source milk re­ or condensed milk (or skim milk) in her­ tion of the proviso therein.” ceived at a pool plant, skim milk and metically sealed cans, casein; nonfat dry 23., Amend § 975.6 (c) (3) by inserting butterfat received in any form at' a pool milk solids; dry whole milk; condensed between the words “paragraph” and “by” plant or at a non-pool plant from a pool or dry buttermilk; whey; powdered the words “prior to the application of the plant, skim milk and butterfat received malted milk; lactose; and skim milk or proviso,”. in any form at a non-pool plant which buttermilk disposed or for livestock feed; 24. Amend § 975.6 (d) (3) by striking 4s wholly or partially owned or controlled and - 1 out (i), (ii), (iii), and (iv) and insert­ by such handler and is located within the (ii) Actual shrinkage on milk received ing in lieu thereof the following: marketing area, and all skim milk and from producers and on other source butterfat received in any form from all milk. (i) From the higher of~the prices sources at a non-pool plant referred to computed pursuant to (a) (1) or (a) (2) 15. In § 975.5 (c) substitute in lieu of of this section deduct 5 cents; in § 975.1 (g) (2), in the detail and on the first sentence, the following: “The forms prescribed by the market admin­ (ii) Multiply the result by 7; istrator: market administrator shall determine (iii) Subtract such result from the the shrinkage of skim milk and butter­ (1) The quantities of butterfat and figure obtained in (i) of this paragraph; fat, respectively, in milk received from and quantities of skim milk contained in (or producers and in inter-handler transac­ used in the production of) such receipts (iv) Divide the result by 0.965 and tions where producer milk of one handler "round off to the nearest full cent. and their sources; is delivered directly to another handler’s (2) The utilization of such receipts; plant and in other source milk- received By Orville Milk Condensing Company: and in the following manner:” 25. Delete § 975.6 (d) (3). (3) Such other information with re­ 16. In § 975.5 (e) (2) substitute in lieu By Milk Market Survey Committee: ✓ spect to such receipts and utilization as of present language, the following: “Any 26. Delete § 975. (d) (3). the market administrator may prescribe. skim milk or butterfat classified (except In § 975.7 Determination of uniform . In § 975.5 Classification: that classified pursuant to Xb) (1) (ii) price to producers: By the Dairy Branch, Production and of this section) in one class shall not be By the Dairy Branch, Production and Marketing Administration: reclassified when used or reused by such Marketing Administration: 6. Amend ^ 975.5 (a) by inserting be­ handler or by another handler in another 27. Amend § 975.7 (c) (2) by substi­ tween the words “plant(s)” and “shall” cIess ** tuting the numeral “50” for the numeral the following “and his nonpool plant (s) 17. Amend § 975.5 (g) (2) (i) by “ 10.” located within the marketing area re­ changing “105 percent” to “115 percent.” By Elm Farm Dairy, Medina, Ohio and ferred to in §975.4 (a).” In § 975.6 Minimum prices: Wooster Farm Dairies, Wooster, Ohio: By Milk Producers Federation of By Dairy Branch, Production and 28. Delete § 975.7 (b) and substitute Cleveland: Marketing Administration : therefor the following: 7. Amend § 975.5 (b) (1) (ii) by strik­ 18. Delete § 975.6 (d) (1) Jmd sub­ (b) Location adjustment to handlers. ing out the numeral “100” and inserting stitute therefor the following: (1) With respect to the actual weight of the numeral “160.” (1) The price per hundredweight of milk, cream or any other item named in 8. Amend § 975.5 (g) (2) (i) by adding butterfat shall be the average price per Class I milk and Class n milk which is after the word “producers” the words pound of 92 score butter at wholesale in classified as Class I milk or as Class II “and pool plants” and by adding after the Chicago market, as reported by the milk or as cottage cheese and which is the word “section” the parenthetical Department of Agriculture for the deliv­ received from producers at a handlers phrase, “(exclusive of reconstituted skim ery period, multiplied by 120; Provided, pool plant located more than 30 miles milk) ”. That the price per hundredweight of but­ from the public square in Cleveland, By Milk Market Survey Committee: terfat used to produce butter or con­ Ohio, by shortest highway distance as 9. In § 975.5 (b) (1) (i) delete the tained in plant shrinkage, pursuant to determined by the market administrator, words “sweet ®r sour cream” In the third § 975.5 (b) (3) (ii) shall be such price there shall be deducted in the computa­ line. less $3.60. tion of the handler’s pool value, the fol­ 10. In § 975.5 (b) (1) (ii) delete words lowing amount per hundredweight “except cream” in third line and substi­ By Milk Producers Federation of Cleve­ thereof, applicable pursuant to the fol­ tute “150 miles” for “100 miles” in the land lowing: . 19. In § 975.6 (a) delete the words “the fourth line. (Miles plant is distant from the public square 11. Delete § 975.5 (b) (1) (iii). delivery period” wherever they appear in Cleveland, Ohio) 12. Delete § 975.5 (b) (1) (iv). and substitute therefor the words “the 13. Delete § 975.5 (b) (2) and substi­ immediately preceding delivery period.” Cents per tute in lieu thereof- the following: 20. Amend § 975.6 (b) (1) by striking Mileage zone hundredweight •out the words “October, November and Not more than 30 miles__ :______o (2) Class II milk shall be all skim milk December” and inserting in lieu thereof More than 30 miles but not more than 45 and butterfat disposed of in fluid form miles ______,____ :______15 the words “September, October, Novem­ More than 45 miles but not more thah 60 as sweet or sour cream (except sweet or ber, December, January and February” miles______17 sour cream sold for Class III purposes). and by adding the following: “Provided, More than 60 miles but not more than 75 14. Delete § 975.5 fb) (3) and substi­ That Class I prices for the following in­ miles______.______19 tute in lieu thereof the following: dicated delivery periods shall not be less More than 75 miles but not more than 90 than; miles______4______21 (3) Class III milk shall be all skim Within each 15 miles thereafter (an ad­ milk and butterfat: (i) Used for any $4.84 for July, August and September*1947. ditional) ______1 $5.30 for October, November abd December purpose other than Class I or Class II 1947. (2) With respect to milk received from above, including but not limited to skim $4.84 for January, February, and March producers at a handlers’ pool plant lo­ milk and butterfat used to produce ice 1948, and not less than $4.38 for any delivery cated more than 30 miles from the Public cream, imitation ice cream, and other period thereafter. Square in Cleveland, Ohio, by shortest frozen desserts and mixes for similar 21. Amend § 975.6 (c) (1) by striking highway distance as determined by the products (liquid or powdered); or stor­ out the words “October, November and market administrator, there shall be age cream (cream placed in a licensed December” and inserting in lieu thereof deducted in the computation of the cold storage warehouse to remain for a the words “September, October, Novem­ handlers’ pool obligation, for each period of not less than 30 days, and which ber, December, January and February.” hundredweight of skim milk and butter­ is subject at all times, while in such 22. Delete the period at the end of fat contained therein which was classi­ warehouse to inspection by the market 8 975.6 (c) (2), substitute a colon there­ fied as Class III and which was moved as administrator to determine the physical for, and add the following: “Provided, milk, skim milk or cream from the plant Thursday, June 26, 1947 FEDERAL REGISTER 4155 / where received from producers to a I butterfat in the pool and be so cred­ overseas transportation, issued under manufacturing plant an amount equal to ited.” This amendment will permit any section 401 of the act. The proposed re­ l

The proposed amendment of §208.2 shall be considered the date of service. with the terms, conditions, and-limita­ (g) is merely technical, in order to avoid Each copy of notice served shall be ac­ tions of the certificate within the mean­ possible inconsistency with proposed companied by a letter of transmittal ing of section 401 (h> of the act. (52 § 238.3 (b). stating that such service is made pur­ Stat. 984, 988, as amended; 49 U. S. C. Minor changes in the text of the regu­ suant to this section. A copy of each 425, 481) lations have also been made for purposes “Airport Notice” shall be served upon Proposed amendment of § 208.2 (g) of clarification, bui are not believed to such persons as the Board may designate of the Economic Regulations: effect substantive changes. in a particular case, and shall be served Proposed amendment of Part 238 of the upon the following persons in all cases: § 208.2 Filing of schedules and Economic Regulations (revising § 238.3 (1) The Postmaster General, marked changes therein by air carriers under and incorporating § 238.5 therein) : for the attention of the Second Assistant § 405 (e) of the act. * * * Postmaster General; (g) Effect of filing. The fact that a § 238.3 Terms, conditions, and limita­ (ii) Each scheduled air carrier which schedule, or a new or revised schedule tions of certificates authorizing inter­ regularly renders service to or from the page, has been filed with the Civil Aero­ state and overseas air transportation— point intended to be served through the nautics Board does not operate to re­ (a) .Applicability. Unless a certificate or proposed airport; lieve an air carrier of any requirements, the order authorizing the issuance of (iii) The chief executives of the city as to the filing of schedules, which may such certificate shall otherwise provide, (of other political subdivision) and of be made by any other governmental in­ there shall be attached to the exercise of the state, in which are located the cur­ strumentality. (52 Stat. 984, 995, as the privileges granted by each certificate rently used airport, the proposed air­ amended; 49 U. S. C. 425, 485) authorizing an air carrier to engage in port, and the point to be served, respec­ By the Civil Aeronautics Board. interstate or overseas air transportation tively. . pursuant to section 401 of the act, such [seal] M. C. Mulligan, terms, conditions, and limitatioris as are (If there be a state commission or agency Secretary. having jurisdiction of air transportation-, set forth in this section, and as may from [P. R. Doc. 47-6047; Piled, June 25, 1947;. time to time be prescribed by the Board, notice shall be served on such, commis­ 8:46 a. m.J (b) Nonstop authorization. The sion or agency rather than the chief ex­ holder of a certificate may inaugurate ecutive of the state.) scheduled nonstop service between any (d) Provisions as to scheduled stops. SECURITIES AND EXCHANGE two points not consecutively named in (1) A scheduled stop at a point within its certificate (and between which service the continental United States shall not COMMISSION is authorized by such certificate) upon be scheduled to exceed 45 minutes on 117 CFR, Part 2701 the effective date of a schedule or a new any flight if the origination or termi­ or revised schedule page showing such nation of such flight at such point is E xemption of Certain T ransactions nonstop service, filed with the Board in prohibited by any restriction in the accordance with § 208.2 of this chapter. certificate. NOTICE OF PROPOSALS WITH RESJPECT TO (c) Airport authorization— (1) Airport (2) A certificate containing a condi­ ADOPTION AND AMENDMENT OF RULES notice. If the holder of a certificate de­ tion or restriction which has the effect Notice is hereby given that the Securi­ sires to serve regularly a point named in of permitting the origination of a flight ties and Exchange Commission has un­ such certificate through the use of any only at a certain point or points shall not der consideration the following proposals airport not then regularly used by such be deemed to permit an increase in pas­ with respect to the adoption and amend­ holder, such holder shall file with the senger- or property-carrying capacity ment of rules pursuant to the Invest­ Board written notice of its intention so (by change of gauge, substitution of ment Company Act of 1940, particularly to do. Such notice shall be filed at least equipment, addition of extra sections, or sections 6 (c), 17 (a), 17 (b), and 38 (a) 30 days prior to inaugurating the use of otherwise) on any such flight at any thereof: such airport. Such notice shall be con­ point other than a point at which the 1. The adoption of a rule exempting spicuously entitled “Airport Notice”, origination of such flight is authorized. from section 17 (a) of the act transac­ shall clearly describe such airport and its A certificate containing a condition or tions pursuant to a contract where at location, and shall state the reasons the restriction which has the effect of per­ the time the contract was made and for holder deems the use of such airport to mitting the termination of a flight only a period of six months prior thereto no be desirable. The use of such airport at a certain point or points shall not be affiliation or other relationship existed may be inaugurated 30 days after the deemed to permit a decrease in passen­ which would bring>the transaction with­ filing of such notice, unless the Board ger- or property-carrying capacity on in the purview of section 17 (a). The notifies the holder within said 30-day pe­ any such .flight at any point other than purpose of the rule is to provide an auto­ riod that it appears to the Board that a point at which the termination of such matic exemption for such transactions such use may adversely affect the public flight is authorized. With respect to a since they are effected pursuant to a con­ interest, in which event such use shall * particular flight, a point shall not be tract presumably entered into upon the not thereafter be inaugurated (except as deemqd to be beyond another specified basis of arms-length negotiation. The may be expressly permitted by such noti­ point within the meaning of such con­ text of the proposed rule is as follows: fication) unless and until the Board dition or restriction unless the holder finds, upon application filed by the serves such other specified point on such § 270.17a-4 Exemption of transac­ holder, that the public interest would flight or omits service thereto pursuant tions pursuant to certain contracts. not be adversely affected by such use. to regulation or other specific authori­ Transactions pursuant to a contract The Board may permit the use of an zation (such as authority to render non­ shall be exempt from section 17 (a) of airport at any time after the filing of stop service, or to suspend service to the act if at the time of the making of the “Airport Notice” whenever the cir­ such point) of the Board; the contract and for a period of at least cumstances warrant such action. In no (e) Failure to comply. It shall be a six months prior thereto no affiliation event shall the holder use the provisions condition upon the holding of the certif­ Or other relationship existed which would of this paragraph as authority to receive icate that any intentional contravention operate 'to make such contract or the passengers a,t one airport and discharge in fact by the holder of the provisions subsequent performance thereof subject such passengers at any other airport of Title IV of the act o r of the orders, to the provisions of said section 17 (a). serving the same point. rules, or regulations issued thereunder, [Rule N-17A-4] (2) Filing and serving notice. An or of the terms, conditions, and limita­ 2. The amendment of the Commis­ original and nine copies of each “Airport tions, attached to the exercise of the sion’s existing § 270!7a-2 (Rule N- Notice” shall be filed with the Board, privileges granted by the certificate, even 17A-2) which exempts from section each setting forth the names and ad­ though occurring without the territorial 17 (a) of the act certain purchase, sale dresses of the persons required to be limits of the United States shall (except or borrowing transactions. The pur­ served and stating that service has been to the extent that such contravention in chase of the amendment of this rule is had on all such persons, by personal fact shall be necessitated by an obliga­ to expand the exemption provided there­ service or by registered mail. In the case tion, duty, or liability imposed by a by so that it will apply to certain trans­ of registered mail, the date of mailing foreign country) be a failure' to comply actions'between banks. At present the Thursday, June 26, 1947 FEDERAL REGISTER 4157

exemption is limited to transactions be­ vided (a) the transactions involve notes, writing to the Securities and Exchange tween a bank and a person engaged prin­ drafts, time payment contracts, bills of Commission at its main office, 18th and cipally in the business of instalment exchange, acceptances or other property Locust Streets, Philadelphia 3, Pennsyl­ financing. of a commercial character rather than vania, on or before July 10, 1947. | 270.17a-2 Exemption of certain pur­ an investment character; (b) the buyer By the Commission. chase, sale or borrowing transactions. or lender is a bank; and (c) the seller or borrower is a bank or is engaged prin­ [SEAL] ORVAL L. DuBOIS, Purchase, sale or borrowing transactions Secretary. occurring in the usual course of business cipally in the business of Instalment fi­ between affiliated persons of registered nancing. [Rule N-17A-2] J une 17, 1947./" investment compaflies shall be exempt All interested persons are invited to [F. R. Doc. 47-5995; Piled, June 25, 1947; from section 17 (a) of the act pro­ submit data, views and comments in 8:46 a. m.]

NOTICES

DEPARTMENT OF JUSTICE [Return Order 24] It is ordered, That the claimed prop­ R aymond S aulnier and S tandard erty, described below and in the Determi­ Office of Alien Property B rands, I nc. nations and Allowance, including all Authorjtt : 40 Stat. 411, 55 Stat. 839, Pub. Having considered the claims set forth royalties accrued thereunder and all Laws 322, 671, 79th Cong., 60 Stat. 50, 925; 50 below and having approved the Vested damages and profits recoverable for past U. S. C. and Supp. App. 1, 616; E. O. 9193, Property Claims Committee’s Determi­ July 6, 1942, 3 CFR, Cum. Supp., E. O. 9567, nations and Allowance with respect infringement thereof, be returned after June 8, 1945, 3 CFR, 1945 Supp., E. O. 9788, thereto, which are incorporated by refer­ adequate^ provision for conservatory ex­ Oct. 14, 1946, 11 F. R. 11981. ence herein and filed herewith,1 penses :

Notice of intention ta Clair*an* anë daim No. return püblished Property

Raymond Saulnier, St. H**#r# a Paris V III, France; 12 F. R. 3235, May 17,1947. Property, to the extent owned by the claimant immediately prior to the vesting thereof, daim No. 3507. described in vesting order No. 666 (8 F. R. 5047, Apr. 17,1943), relating to U. 8. Letters Patent No6. 2,082,598; 2,105,374; 2,106,934; 2,119,181; 2,125,751; 2,125,752; 2,134,237 and 2,220,546,and described in vesting order No. 293 (7 F. R. 9836, Nov. 26,1942), relating to U. S. Patent Application Serial No. 430,821, U. S. Patent Application Serial No. 430,828 (now U. S. Letters Patent No. 2,335,451), U. S. Patent Application Serial No. 430,828 (now U. S. Letters Patent No. 2,350,827). Standard Brands, Inc., New York, N. Y .; claim No. 12 F. R. 3235, May 17,1947. Property described in vesting order No. 201 (8 F. R. 625, Jan. 16, 1943), relating to U. I. À-374. Letters Patent No. 1,859,250, to the extent owned by the claimant immediately prior to^the vesting thereof.

Executed at Washington, D. C., on by the Alton Banking and Trust Com­ erty described above, to be held, used, ad­ June 19, 1947. pany, trustee in the Matter of the Estate ministered, liquidated, sold nr otherwise For the Attorney General. of Mary Martin: dealt with in the interest of and for the $2,600.00 United States Treasury bonds of benefit of the United States. [seal] David L. B azelon, 1946-49—3 ya % dated June 15, 1931 due June This vesting order is issued nunc pro Assistant Attorney General, 15, 1949. No. 56651—A for $1,000.00; Numbers tunc to confirm the vesting of the said Director, Office oUAlien Property. 9055-E, 64453—C, 64454-D for $500.00 each and property in the Alien Property Custodian [F. R. Doc. 47-6031; Piled, June 25, 1947; No. 112893-C for $100.00, by acceptances thereof on May 17, 1946, 8:46 a. m.] $1,500.00 United States Treasury bonds of pursuant to the Trading with the Enemy 1948-50—2% dated December 8, 1939 due Act, as amended. December 15, 1950. No.-1217-H for $500.00 and Numbers 7258-J, 7259-K, 7282-B, 7283-C, The terms “national” and “designated enemy country” as used herein shall have [Vesting Order 9135] 7287—H, 7477-H, 7478-J, 7479-K, 7480-L and 7807-H for $100.00 each; the meanings prescribed in section 10 of Executive Order 9193, as amended. Mary Martin 3. That the said sum of $5,547.56 and In re; Estate of Mary Martin, de­ the said securities are presently in the Executed at Washington, • D. C„ on ceased. D-2&-10113; E. T. sec. 14382. possession of the Attorney General of the May 29, 1947. Under the authority of the Trading United States and was property within For the Attorney General. with the Enemy Act, as amended, Ex­ the United States owned or controlled ecutive Order 9193, as amended, and by, payable or deliverable to, held on be­ [seal] Donald C. C®ok, Executive Order 9788, and pursuant to half of or on account of, or owing to, or Director. Jaw, after investigation, it is hereby which was evidence of ownership or con­ [P. R. Doc. 47-6026; Piled, June 25, 1947; found: trol by, the aforesaid nationals of a desig­ 8:45 a. m.] 1. That (iustave (Gustav) Martin, nated enemy country (Germany); Carolina Schadler, Elizabeth Mayer, and it is hereby determined: Herman Martin, Adolph Martin, Marie Gollrad, Richard Martin, Friedrich Mar­ 4. That to the extent that the persons named in subparagraph 1 hereof are not Nichibei K inema Co. tin, Bertha Grimm, Rose (Rosa) Schla- within a designated enemy country, the ger, Julia Anklin, Elizabeth Haflin (Hof- NOTICE OP INTENTION TO RETURN VESTED national interest of the United States flin), Karl Yager, Emma Yager, Friedrich PROPERTY ^ Yager, Katharine (Katherine) Yager, requires that such persons be treated as nationals of a designated enemy country Pursuant to section 32 (f ) of the Trad­ Johanji Martin, Herman Martin, Pauline (Germany). Bruetsch, Stephen (Stephan) Martin, ing with the Enemy Act, as amended, Emma Nase, Albertine Martin and Eliza­ All determinations and all action re­ notice is hereby given of intention to beth Martin,- whose last known address quired by law, including appropriate con­ return, on or after 30 days from the date is Germany, are residents of Germany sultation and certification, Having been of the publication, hereof, the following made and taken, ana, it being deemed and nationals of a designated enemy necessary in the national interest, property, subject to any increase or de­ country (Germany); There is hereby vested in the Attorney crease resulting from the administration . 2. That the sum of $5,547.56 and the General of the United States the prop- thereof prior to return, and after ade­ following described securities were de­ quate provision for taxes and conserva­ livered to the Alien Property Custodian 1 Piled as part of the original document. tory expenses:

( 4158 NOTICES

Claimant Claim No. Vesting orders Property and location

Nichibei Kinema Co., Los Angeles, 246 (7 F. R. 9753, Nov. 24, 1942) 1639 (8 F. R. $675.57 in the Treasury of the United States. Calif. 8574, June 22,1943) 1760.(8 F. R. 15393, Nov. 9, 77 Japanese films in Washington, D. C., and New York, N. Y., identified 1943) 4626 (10 F. R. 3651, Apr. 4,1945). as follows: Number Title of reels Aka no Kyoi______...... 2 Akatsuki ni lnoru...... 12 Akifea no Himatsuri...... 6 Akogare..______( s An! to Sono Imoto______...... _j...... ' 9 Atarashiki Kazoku______- 7 Boku wa Dareda'(Boku wa Tareda)______8 Byaku Ran no Uta...... ______9 Chichi Nomigo Sazen Qoku (Chinomigo Sanzengoku)__ i ______8 Chokarato to Heitai (Chocolate to to Heitai)...... 8 Dai no Haha (Daini no Haha)...... 4 Dan Juro no Katsu (Danjuro no Kachi)...... 6 Dokujya...... *...... 4 Edogawa Ranzan...... 8 Eiga Emaki...... i ...... 8 Eikonolye...... = ...... 4 Gonin no Kyodai_...... 1 ...... 10 Hada Kano Kyokasho (Hadaka no Kyokasho)...... 2 Hana Aru Hyoga______...... 9 Himawari M usum e...... —______8 Hi no Maru Basha...... 4 Hissho no Sh innen.....______1...... 6 Irezumi Hangan...... 12 Ishidori Maru (Ishido Maru)...... '.______3 Juisei Keiba (Jinsei Keiba)...... 8 Kaisoku Butai...... 1...... lo Kappore T aieiki...... 6 Kekkon no Tenki Zu (Kekkon Tenkizu)...... 8 » Kibo no Niji...... __...... 5 Kodomo no Shiki______i ...... 8 Kofukono Sugawo.____...... ______... 8 Komori Yasu...... 4 Kootei no Bakuon...... ______- ...... ___ 5 Kuwa no Mi wa A kai...t...... 9 Mago Uta Senryo...... 1...... 6 Mangan no A sa ....______6 Mazo Hyakumanryo...... 8 Mugan no T a k a ra ...... 4 Nijitatsu Oka______6 Nippon no Tsuma (Episode 1)...... 8 N obuko...... _•___ 8 Oite Masumasu Sakan Nari...... 4 Onna Dake no Kimochi...... 8 . Onna Kancho_____ ¡¿-jet____... ______6 Onna no Yuai._-.______...... 8 Ronin Fubuki...... I... _____...... - 2 Shimizu Jirocho...... _•______...... 10 Shogun no Mago______.... ______...... 8 Shuppatsu.______10 Shuzaya A rashi....______'___ 2 Suzuran no Tsuma...... ; ______.'...... 3 Tabigasa Dochu...... 14 Tange Sazen (Tangesazen Soo Gan no Maki; Tange Sazen Koi Gurama no Maki)__ , ______14 Teru ki Kumori (Teru hi Kumoru Hi)___1____... ______8 Tokyo Rhapsody...... _...... 8 Tsuma no Baai______. ______7 Wakagusa..______11 Ware Moka (Waremo Kou; Waremo Kow (Senpen) Waremo Kow (Yokokuhen))...... 16. Wasurarenu Hitomi...... 8 Yakuza Kiji...... :: ...... ^______4 Yamanouchi Kazutoyo no Tsuma...... 8 Yobu ko Tori (Yobi Kodori)...... ^___ v______12 Bikkuri Jinsei (Enoken no Bikurijinsei)...... A______6 Dairiku Tosshin (Part 1) (Enoken no Tairlku Tosshin)...:...... Hokaibo (Enoken no Hokaibo)...... 8 Kaido Henge Ki (a silent picture) (Kaido Henge Roku)...... 7 Mito Komon (Mitokomon M anyuki)...... ,______11 Puroperaa Ojisan (Propeler O yaji).-...... 8 Waka Tsuma no Yume (Wakaba no Ume)______(____ 8 Aizen Kochiyama (Aizen Kojinyama)______7' Ano no Shussei______...... ; ___ 7 Arashi ni Saku Hana____ x ...... —...... 9 Gatchiri Jidai (Enoken no Gatchiri Jid ai)...... 8 Oyakodori..______r. 7 Roppa no Otochan...... 7 Roppa no Komoriuta...... 7 Uramachi no Haru...... 5 All right, title and interest, presently owned by the Attorney General, in and to the following Japanese films, the physical location of which is un­ known: ’ Title Aijo Ichiro, Aisochijin Roku, Aikoku Rokunin Musume, Ai no Bofu, Bakudan Nishoko, Boku no Marumage, Chizome no Sketch, Daichi ni Chikau, Daichino Ai, Daichi no Ueni, Dosu Shiai, Gunko no Otometachi, Hanagata Senshu, Harikiri Seishun Butai,Harusugata Gonin Otoko, Henge Okosho Gumi, Hino Maru Tsuzuri, Hokushino Sorawotsuku, Jujihoka, Jugone Chichiyori, Kachidoki, Kaigun Byakugeki Tai, Kamitsuita Han- ayome, Kan-ei Yushi Sodoin, Kenpo Ichiro, Ketsuro, Kenpo Atari - Kyogen, Kimi to Yukumichi, Kira no Nikichi, Kojinyama, Kojo no ’ Reikon, Kokusaku Tokuhon, Kokyo no Haika, Ko-wo Meguru Futarino Onna, Kosho Musuko, Makiba Monogatari, Mazo, Niizuma Kagami, Ninjitsu Dochuki, Nmjitsu Satsuma Jyo, Ninjyutsu Ukishimajyt), Nyonin Shinsei, Ro-ei no Uta, Saigo no Shinsen Gumi, Sannin Yoreba, Seikino Kangeki, Senninbari, Shanghai Rikusentai, Shara Otome, Shinpen Tan­ ge Sazen, Shonen Kokuhei, Shukujyo wa nanio Wasuretaka, Tamlya Bo-taro, Tanoshiki Wagaya, Tatakau Jyosei, Tatakau Otoko, Teiso Ka. Tenpo Suiko Den, Toho Akino Albun, Tokia no Honriu, Umi no Dai-Shogun, Uteyoyo Tamashii, Utsukushiki Rinjin, Waga Haha, Waga Kokoro no Chikai, wagaya ni Haha Are, Yagyu Tabi Nikki, Rokyoku Ga-ko. Thursday, June 26, 1947 FEDERAL REGISTER 4159

Executed at Washington, D. C., on [Vesting Order 9219] a national of a designated enemy coun­ June 20, 1947. T atsvji Hoshino try (Japan). All determinations and action re­ For the Attorney General. In re: Debt owing to Tatsuji Hoshino, quired by law, including appropriate con­ [seal] David L. B azelon, also known as T. Hoshino. sultation and certification, having been Assistant Attorney General, Under the authority of the Trading made and taken, and, it being deemed Director, Office of Alien Property. with the Enemy Act, as amended, Ex­ necessary in the national interest, ' ecutive Order 9193, as amended, and Ex­ There is hereby vested in the Attorney [F. R. Doc. 47-6033; Filed, June 25, 1047; ecutive Order 9788, and pursuant to law, 8:46 a. m.] General of the United States the prop­ after investigation, it is hereby found: erty described above, to be held, used, 1. That Tatsuji Hoshino, also known administered, liquidated, sold or other­ as T. Hoshino, whose last known address wise dealt with in the interest of and is Yokohama, Japan, is a resident of for the benefit of the United States. H enry J . B eal Japan and a national of a designated The terms “national” and “designated enemy .ountry (Jap an ); « enemy country” as used herein shall NOTICE OF INTENTION TO RETURN VESTED 2. That the property described as fol­ have the meanings prescribed in section PROPERTY lows: That certain debt or other obliga­ V 10 of Executive Order 9193, as amended. Pursuant to section 32 (f ) of the Trad­ tion owing to Tatsuji Hoshino, also known as T. Hoshino, by the Superin­ Executed at Washington, D. C., on ing with the Enemy Act, as amended, June 20, 1947. notice ¿thereby given of intention to re­ tendent of Banks of the State of Cali­ turn, on or after 30 days from the date fornia, and Liquidator of The Yokohama For the Attorney General. Specie Bank, Ltd.', Los Angeles Office, c/o of publication hereof, the following prop­ [seal] David L. B azelon, erty, located in Washington, D. C., sub­ State Bank Department, 111 Sutter Street, San Francisco, California, in the Assistant Attorney General, ject to any increase or decrease resulting Director, Office of Alien Property. from the administration thereof prior amount of $4,870.57, as of December 31, 1945, arising out of a temporary receipts [F. R. Doc. 47-6030; Filed, June 25, 1947; to return, and after adequate provision 8:45 a. m.] for taxés and conservatory expenses: account Entitled. T. Hoshino, together with any and all accruals thereto and any and all rights to demand, enforce Claim K azuichi Hashimoto Claimant . No. Property and collect the same, is property within , the United States NOTICE OF INTENTION TO RETURN VESTED Henry J. Beal, 1597 $111.76 in the Treasury of owned or controlled by, payable or deliv­ PROPERTY “Omaha, Nebr. the United States. erable to, held on behalf of or on account Pursuant to section 32 (f ) of the Trad­ of, or owing to, or which is evidence of ing with the Enemy Act, as amended, Executed at Washington, D. C., on ownership or control by, the aforesaid notice is hereby given of intention to June 20, 1947. national of a designated enemy country return, on or after 30 days from the (Jap an ); For the Attorney General. date of publication hereof, the following and it is hereby determined: property located in Washington, D. C., [seal] , David L . B azelon, 3. That to the extent that the person subject to any increase or decrease re­ Assistant Attorney General, named in subparagraph 1 hereof, is not sulting from the administration thereof Director, Office of Alien Property. within a designated enemy country, the ' prior to return, and after adequate pro­ [F. R. Doc. 47-6032; Filed, June 25, 1947; national interest of the United States vision for taxes and conservatory ex­ 8:46 a. m.] requires that such person be treated as penses:

Claimant Claim No. Property

Kazuichi Hashimoto (Hashimoto Company), Los Angeles, 4494 $79,896.29 in the Treasury of the United States. Calif. All unliquidated assets, including obligations involved in 18 suits now pending in various courts in the State of California, vested by vesting order No. 401 (7 F. R. 10632, Dec. 19,1942).

Executed at Washington, D. C., on of a designated enemy country (Ger­ c. Three (3) Iowa Central Railway June 20, 1947. many) ; Company 1st Mortgage 5% bonds, bear­ For the Attorney General. 2. That the property described as ing the numbers and of the face values follows: as follows: [seal] David B azelon, L. a. Thirteen and three-quarters (13%) Certificate No.: Face value Assistant Attorney General, , shares of $100.00 par value capital stock 2312 ______. . . . $1, OQO Director, Office of Alien Property. of 43 West 29th Street Corporation, New 2313 ...... 1,000 [F. R. Doc. 47-6035; Filed, June 25, 1947; York, New York, a corporation organ­ 5784 ______— 1, 000 8:47 a. m.] ized under the laws of the State of New and presently in the custody of City Bank York, evidenced by certificate number 12, Farmers Trust Company, 22 William registered in the name of Victor Kohler Street, New York, New York, in account and Urusla Kohler and the survivor of number 9224, together with any and all [Vesting Order 9217] them as joint tenants, and presently in rights thereunder and thereto, the custody of City Bank Farmers Trust Victor K ohler and U rsula K ohler d. One (1) Minneapolis & St. Louisa Company, 22 William Street, New York, Railroad 1st Consolidated 5% bond, of In re: Stock, bonds, mortgage partici­ New York, in account number 9224, to­ $1,000.00 face value, bearing the number pation certificates owned by and debts gether with all declared and unpaid 2196, and presently in the custody of or other obligations owing to Victor Koh­ dividends thereon, City Bank Farmers Trust Company, 22 ler and Ursula Kohler. F-28-3231-A-1, b. One (1) 43 West 29th Street Cor­ William Street, New York, New York; in F-28-3231-C-l, F-28-3231-D-l. poration 4% Debenture bond, of $825.00 account number 9224, together with any Under the authority of the Trading face value, bearing the number 12, regis­ and all rights thereunder and thereto, with the Enemy Act, as7 amended, and tered in the name of Victor Kohler and e. One (1) City Bank Farmers-Trust Executive Order 9193, as amended, and Executive Order 9788, and pursuant to Ursula Kohler and the survivor of them Company mortgage participation cer­ law, after investigation, it is hereby as joint tenants, and presently in the cus- tificate, of the original face value of found: today of City Bank Farmers Trust Com­ $2,500.00, bearing the number A-16793, 1. That Victor Kohler and Ursula Koh­ pany, 22 William Street, New York, New participating in a 4% building mortgage ler, whose last known addresses are Goet­ York, in account number 9224, together bearing the number 3991, covering the tingen, Nikolausbergerweg 69, Germany, with any and all rights thereunder and premises located at 37-41 West 42nd are residents of Germany and nationals thereto,. Street and 38-48 West 43rd Street, New No. 125------4 4160 NOTICES

York, New York, which certificate is h. That certain debt or other obliga­ been made a,nd taken, and, it being registered in the name of Victor Kohler tion of City Bank Farmers Trust Com­ deemed necessary in the national and Ursula Kohler and the survivor of pany, 22 William Street, New York, New interest, them as joint tenants, and presently in York, arising out of a custodian cash There is hereby vested in the Attorney the custody of City Bank Farmers Trust balance account, account number 9224, .General of the United States the prop­ Company, 22 William Street, New York, and any and all rights to demand, en­ erty described above, to be held, used, New York, in account number 9224, to­ force and collect the same, and administered, liquidated, sold or other­ gether with any and all rights there­ i. Those certain debts or other obliga­ wise dealt with in the interest of and for under and thereto, tions of City Bank Farmers Trust Com­ the benefit of the United States. f. One (1) City Bank Farmers Trust pany, 22 William Street, New York, New. The terms “national” and “designated Company mortgage participation cer­ York, evidences by two Secretary’s enemy country” as used herein shall tificate, of the original face value of checks drawn by City Bank Farmers have the meanings prescribed in section $491.07, bearing the number A-2325, par­ Trust Company to the order of Dresdner 10 of Executive Order 9193, as amended. ticipating in a 4% building mortgage Bank Filiale Bielefeld A/C #17, Victor bearing the number 19967, covering the ■and/or Ursula Kohler, said checks num­ Executed at Washington, D. C., on June premises located at 43 W. 29th Street, bered T257540 and T220718, dated Feb­ 16,1947. New York, New York, which certificate is ruary 1, 1940 and March 1, 1940, and in For the Attorney General. registered in the name of Victor Kohler the amounts of $57.04 and $114.00, to­ [seal! -David L. B azelon, and Ursula Kohler and the survivor of gether with any and all accruals thereto, Assistant Attorney General, them as joint tenants, and presently in and any and all rights to demand, en­ Director, Office of Alien Property. the custody of City Bank Farmers Trust force and collect the same, Company, 22 William Street, New York, [F. E. Doc. 47-6029; Filed, June 25 1947; is property within the United States 8:45 a. m.] New York, in account number 9224, to­ owned cr controlled by, payable or de­ gether with any and all rights there­ liverable to, held on behalf of or on ac­ under and thereto, ^ count of, or owing to, or which is evi­ . g. One (1) City Bank Farmers Trust dence of ownership or control by, Victor J oachim K olbe Company mortgage participation certi­ Kohler and Ursula Kohler, the aforesaid ficate, of the original face value of nationals of a designated enemy country NOTICE OF INTENTION TO RETURN VESTED $1,872.47, bearing the number A-28802, (Germany); PROPERTY participating in a 4% building mortgage bearing the number 20098, covering the and it is hereby determined: Pursuant to section 32 (f) of the Trad­ premises located at 801 Madison Avenue, 3. That to the extent that the persons ing with the Enemy Act, as amended, New York, New York, which certificate is named in subparagraph 1 hereof are not notice is hereby given of intention to registered in the name of Victor Kohler within a designated enemy country, the return, on or after 30 days from the and Ursula Kohler and the survivor of national interest of the United States date of publication hereof, the following them as joint tenants, and presently in requires that such persons be treated as property located in Washington, D. C., the custody of City Bank Farmers Trust nationals of a designated enemy country including all royalties accrued thereun­ Company, 22 William Street, New York, (Germany). der and all damages and profits recover­ New York, in account number 9224, to­ All determinations and all action re­ able for past infringement thereof, after gether with any and all rights there­ quired by law, including appropriate adequate provision for taxes and con­ under and thereto, * consultation and certification, having servatory expenses:

Claimant Claim No. Property

Joachim Kolbe. Milwaukee, Wis______A-298 Property described in vesting order No. 201 (8 F. R. 625, Jan. i6, 1943) relating to United States Letters % Patent-Nos. 2,072,621; 2,076,786; 2,092,676; 2,094,541; 2,116,027; 2,203,066; 2,231,338; 2,249,212 and 2,262,289, to the extent owned by claimant immediately prior to the vesting thereot Any interests and rights relating to said property created in the heirs of Fritz Beindorff and in Daimler-Benz A. G. by virtue of agreements dated Oct. 6,1933 and May 7,1936, respectively, are expressly reserved.

Executed at Washington, D. C., on 2. That the property described as fol­ 1940, of the said Boston-Edison Com­ June 20, 1947. . lows: pany, and For the Attorney General. a. That certain debt or other obliga­ d. Those certain shares of stock de­ tion owing to Margaret C. Bruckner- scribed in Exhibit A, attached hereto and [seal] David L. B azelon, Tyler, also known as Margaret C. Tyler, by reference made a part hereof, regis­ Assistant Attorney General, by H. Hentz & Co., 60 Beaver Street, New tered in the name of Margaret C. jBruck- Director* Office of Alien Property. York 4, New York, in the amount of ner-Tyler, and presently in the custody [P. R. Doc. 47-6034; Filed, June 25, 1947; $1,201.81, as of December 31, 1945, to­ of H. Hentz & Co., 60 Beaver Street, New 8:46 a. m.] gether with any and all accruals thereto York 4, New York, together with all de­ and any and all rights to demand, en­ clared and unpaid dividends thereon, force and collect the same, b. That certain debt or other obliga­ is property within the United States [Vesting Order 9214] tion of .Old Colony Trust Company, 1 owned or controlled by, payable or de­ Federal Street, Boston, Massachusetts, liverable to, held on behalf of or on’ ac­ Margaret C. B ruckner-T yler arising out of a cash account entitled count of, or owing to, or which is evidence In re: Debts or other obligations owing Mrs. Margaret C. Bruckner-Tyler, and of ownership or control by, Margaret C. to and bank account and stock owned by any and all rights to demand, enforce Bruckner-Tyler, also known as Margaret Margaret C. Bruckner-Tyler, also known and collect the same, C. Tyler, the aforesaid national of a as Margaret C. Tyler. F-28-820-A-1, c. Ten (10) shares of $100.00 par value designated enemy country (Germany); F-28-820-D-1, F-28-820-D-2, F-28-820- capital stock of Boston-Edison Company, and it is hereby determined: D-3, F-28-820-E-1. 182 Tremont Street, Boston, Massachu­ 3. That to the extent that the person Under the authority of the Trading setts, a corporation organized under the named in subparagraph 1 hereof is not with the Enemy Act, as amended, Execu­ laws of the State of Massachusetts, evi­ within a designated enemy country, the tive Order 9193, as amended, and Execu­ denced by certificate number 164260, national interest of the United States* re­ tive Order 9788, and pursuant to law, registered in the name of Margaret C. after investigation, it is hereby found: Bruckner-Tyler, and presently in the quires that such person be treated as a 1. That Margaret C. Bruckner-Tyler, custody of H. Hentz & Co., 60 Beaver national of a designated enemy country also known as Margaret C. Tyler, whose Street, New York 4, New York, together (Germany). last known address is Podbielskistrasse with all declared and unpaid dividends All.determinations and all action re­ 14, Hannover, Germany, is a resident of thereon, and all rights to exchange the quired by law, including appropriate Germany and a national of a designated aforesaid shares in accordance with a consultation and certification, having enemy country (Germany); plan of recapitalization, effected July 24, been made and taken, and, it being Thursday, June 26, 1947 FEDERAL REGISTER 4161 deemed necessary In the national in­ dealt with in the interest of and for the Executed at Washington, D. C., ok terest, benefit of the United States. J une 16, 1947. There is hereby vested in the Attorney The terms “national'’ and “designated For the Attorney General. General of the United States the property enemy country” as used herein shall [ s e a l ] D a v id L. B a z e l o n , described above, to be held, used, admin­ have the meanings prescribed in section Assistant Attorney General, istered, liquidated, sold or otherwise 10 of Executive Order 9193, as amended. Director, Office of Alien Property, E x h ib it A

Number Name and address of issuer Place of incorporation Type of stock Par value Certificate No. of shares

American Telephone & Telegraph Co., 195 Broadway, $100.00 BE 14073...... 5 New York, N. Y . * 100.00 KN22828...... 1 Boston & Maine JtR ., 150 Causeway St., Boston, Mass___ New York, Massachusetts, New First preferred, Class A...... 100.00 T 0-207...... 20 Hampshire, and Maine. New England Telephone & Telegraph Co., 50 Oliver St., Common...... 100.00 104849...... 8 Boston, Mass. 100.00 126788...... 1 Public Service Corp. of New Jersey, 80 Park PI., Newark, $5 preferred cumulative...... No H-08186...... 10 N. J. South Street Trust Co., Eoston, Mass...... ——-...... Common...... 5.00 923...... 44

[F. R. Doc. 47-6028; Filed, June 25, 1947; 8:45 a. m.]

C l a r e n c e A . H e a r l e y NOTICE OF INTENTION TO RETURN VESTED PROPERTY Pursuant to section 32 (f) of the Trading with the Enemy Act, as amended, notice is hereby given of intention to return, on or after 30 days from the date of publication hereof, the following property located in Washington,' D. C„ including all royalties accrued thereunder and all damages and profits recoverable for past infringement thereof, after adequate provision for taxes and conservatory expenses: ______• •

Claimant Claim No. Property

A-196 An undivided one-half interest in property described in vesting order No. 666 (8 F. R. 5047, Apr. 17, 1943) relating to United States Letters Patent No. 2,195,946 to the extent owned by the claimant immediately prior to the vesting thereof.

Executed at Washington, D. C.> on 2. That the property described as fol­ named in subparagraph 1 hereof is not June 20, 1947. lows: within a designated enemy country, the a. That certain debt or other obliga­ national interest of the United States For the Attorney General. tion of Empire Trust Co., 126 Broadway, requires that such person be treated as [ s e a l ] D a v id L. B a z e l o n , New York 5, N. Y., arising out of a Trust a national of a designated enemy Assistant Attorney General. Ledger-Cash Account, entitled Marie country (Japan). Director ^Office of Alien Property. Therese Yoshimoto, and any and all All determinations and all action re­ rights to demand, enforce and collect quired by law, including appropriate con­ [F. R. Doc. 47-6036; Filed, June 25, 1947; sultation and certification, having been 8:47 a. m.J the same, and b. Those certain shares of stock de­ made and taken, and, it being deemed scribed in Exhibit A, attached hereto and necessary in the national interest, by reference made a part hereof, regis­ There is hereby vested in the Attorney [Vesting Order 9180] tered in the name of Bosworth & Co., and General of the United States the prop­ present in the custody of Empire Trust erty described above, to be held, used, M a r ie T h e r e s e Y o s h im o t o Company, 120 Broadway, New York 5, administered, liquidated, sold or other­ In re: Stock and bank account owned N. Y., together with all declared and un­ wise dealt with in the interest of and for by Marie Therese Yoshimoto. D-39- paid dividends thereon, the benefit of the United States.' 17744-A-l. The terms “national” and “designated is property within the United States enemy country” as used herein shall have Under the authority of the Trading owned or controlled by, payable or deliv­ with the Enemy Act, as amended, Ex­ the meanings prescribed in section 10 of erable to, held on behalf of or on account Executive Order 9193, as amended. ecutive Order 9193, as amended, and Ex­ of, or owing to, or which is evidence of ecutive Order 9788, and pursuant to law, ownership or control by, the aforesaid Executed at Washington, D. C., on after investigation, it is hereby found: national of a designated enemy country May 29, 1947. 1. That Marie Therese Yoshimoto, (Jap an ); whose last known address is Japan, is a For the Attorney General. resident of Japan and a national of a and it is hereby determined :^ [ s e a l ] D o n a l d C . C o o k , designated enemy country (Japan) ; 3. That to the extent that the person , ' Director. E xhibit A

Number of Par value Type of stock Name of registered Name and address of issuing corporation State of incorporation shares Certificate No. owner

Delaware, Lackawanna & Western R. R. Co., 140 Cedar Pennsylvania______50 0160369...... $50.00 Capital...... Bosworth & Co. St., New York, N. Y. The Greyhound Corp., 2600 Board of Trade Bldg., Delaware____ -______30 N090399...... No par Common...... Do. Chicago, 111. New York Central R. R . Co., Albany, N. Y _.------New York, Ohio, Illinois, Indiana, 25. L435206...... No par Capital...... Do.* Pennsylvania, and Michigan. New York 'City Omnibus Corp., 605 West 132d St., New York______25 015764...... N# par ...... do...... Do. New York, N. Y . Republic Steel Corp., Republic Bldg., Cleveland, Ohio.. New Jersey...... 25 NYC040350Ö. No par Common...... Do. The Sperry Corp., 30 Rockefeller Plaza, New York, Delaware______40 TJ019093___ $1.00 ...... do...... Do. N. Y. Thompson-Starrett Co., Inc., 444 Madison Ave., New ___ do_____ 25 C032802...... No par ...... d o .-l____ Do. York, N. Y. Translucent Containers Corp., Ltd...... 300 015,035,036... Do. United States Realty & Improvement Co., Ill Broad­ New Jersey. 100 89625...... No par C apital...... Do. way, New York, N. Y. Willys-Overland Motors, Inc., Toledo^O hio...... ____ Delaware.. 100 NY—O 48156. $1.00 Common____ Do.

[F. R. Doc. 47-6027; Filed, June 25, 1947; 8:45 a. m.] 4162 NOTICES

DEPARTMENT OF THE INTERIOR Bureau of Reclamation [No. 2] Bureau of Reclamation Missouri R iver P roject, W yoming B u f f a l o R a p id s I r r ig a t io n P r o j e c t , S e c ­ o n d D i v i s i o n , M o n t a n a U p p e r B u r n t R i v e r P r o j e c t , O r e g o n FIRST FORM RECLAMATION WITHDRAWAL NOTICE OF TEMPORARY WATER SERVICE FIRST FORM RECLAMATION WITHDRAWAL J anuary 31, 1947. J u n e 9, 1947. Pursuant to the authority delegated J a n u a r y 30, 1947. by Departmental Order No. 2238 of Aug­ 1. W ater rental'. Irrigation water will Pursuant to the authority delegated by ust 16, 1946 (43 CFR 4.410) and in ac­ be furnished when available, upon a Departmental Order No. 2238 of August cordance with the authority under the rental basis under approved applications 16, 1946 (43 CPR 4.410), I hereby with­ act of June 26, 1936 (49 Stat. 1976), I for temporary water service during the draw the following described land from hereby withdraw the following described irrigation season of 1947 and thereafter public entry under the first form of public land from entry as provided by until further notice, where the progress withdrawal as provided by section 3 -of section 3 of the act of June 17, 1902 (32 of construction will permit, to the irri­ the act of June 17, 1902 (32 Stat. 388). Stat. 388): gable lands in the Shirlgy and Terry Upper B urnt R iver Project G len d o U n it Units of the Second Division of the Buf­ falo Rapids Project, Montana. WILLAMETTE MERIDIAN, OREG. MISSOURI RIVER PROJECT, WYOMING 2. Charges and terms of payment. T. 10 S., R. 36 - - Sixth Principal Meridian The water rental charge shall be One Sec. 27, NE&, NB%NW%, NE&SE#, T. 29 N., R. 67 W., Dollar ($1.00) per acre-foot for all water ■ E y 2 N w y4 s E y 4 , e i /2 w % n w y4 s e & , sec. 7, Lots 3, 4, Ey2Wy2; delivered in accordance with the appli­ E y2 S W%SE% , SE%SE%; sec. 29, NWy4SWi4. cation a t' the applicant’s farm. All Sec. 28, SE&NEft, NWy4NWi/4, NE%SE%; T. 29 N., R. 68 W., charges shall be payable in advance of the s e c . 29, Ny2Ny2, sy2sy2; sec. 1, SWi/4 S w y 4 ; Sec. 33, SW^rSWi4NE^4, Wy2NWy4, SE14 delivery of water; provided that there sec. 2, S E ^ S E^ ; shall be a minimum payment at the time NWV4, sy2; sec. 9 , Ey2SEi4; Sec. 34, Ny2NEi4, EVaSW^NE^, Ey2 sec. 11, Ny2NEi4 ; of making rental application of not less wy2s\yy4NEy4, s e ^ n e ^ , s w ^ s w ^ , sec. 12, NW^NW^; than Twenty Dollars ($20) and that sub­ E y 2 S E y 4 ; sec. 22, Ny2Nwy4; sequent payments will each be not less Sec. 35, NWy4, N&SW&, SE'%'SE%) sec. 23, SW ^NE^, SEy4NWy4, NE^SW ^; • than Ten Dollars ($10). Credit for water Sec. 36, all. sec. 24, NE14NW14, SEy4SWV4, s w y 4 S E y 4 ; paid for but not delivered during any T. 11 S., R. 36 E., v.sec. 25, NE14NE14, NEy4SWy4, SE^. Sec. 2, Lots 1, 2, 3, Sy2NEi/4, SE%NW»4, irrigation season will be allowed in the T. 30 N., R. 68 W., next irrigation season, or at the request sy2; “se c . 10, n w i/4 n e i /4, sy2NE.^, Ey2Nwy4, Sec. 3, SW%NE%, sy2; Ny2SEi4; of the applicant, a cash refund equal to Secs. 10 to 14, incl., 23 , 24, incl., all; sec. 23, NW14NE>4; such, credit will be made after the close Sec. 25, N%> SWV4. sec. 26, Wy2SE^. of the current irrigation season. 3. Water will be delivered and meas­ The above areas aggregate 8,210.11 acres. The areas described aggregate 1,513.06 acres. ured by Government forces at the near­ W i l l i a m E . W a r n e , est available measuring device to the in­ Acting Commissioner.. W i l l i a m E . W a r n e , dividual farm. Acting Commissioner. I concur. The records of the Bureau 4. Individual applications for water of Land Management arid of the District I concur. The records of the Bureau and the payments required by this notice Land Office will be noted accordingly. of Land Management and of the District will be received at the office of the Con­ Land Office will be noted accordingly. struction Engineer, Bureau of Reclama­ F r e d W. J o h n s o n , tion, Masonic Temple Building, Terry, Director. F r e d W . J o h n s o n , Montana. The United States reserves- A p r i l 15, 1947. Director. the right to reject any application. Notice is hereby giveji that for a M a r c h 17, 1947. M ic h a e l W . S t r a u s , period of 30 days from the date of pub­ Notice is hereby given that for a period Commissioner. lication of this notice, persons having of 30 days from the date of publication cause to object to the terms of the above [F, R. Doc. 47-6001; Filed, June 25, 1947; of this notice, persons having cause to 8:49 a. m.] order of January 30, 1947, withdrawing object to the.terms of the above order certain public lands in Townships 10 and of January 31, 1947, withdrawing certain 11 South, Range 36 East, Willamette public lands in the State of Wyoming, DEPARTMENT OF LABOR Meridian, Oregon, Cor use in connection for use in connection with the Glendo with the Upper Burnt River Reclamation Unit, Missouri River Project, Wyoming, Wage and Hour Division Project, Oregon, may present their ob­ may present their objections to the [Administrative Order 368] jections to the Secretary of the Interior. Secretary of the Interior. Such objec­ Such objections should be in writing, tions Should be in 'writing, should be A d v is o r y C o m m i t t e e o n S h e l t e r e d should be addressed to the Secretary of addressed to the' Secretary of the Inte­ W o r k s h o p s the Interior, and should be filed in dupli­ rior, and should be filed in duplicate in ACCEPTANCE OF RESIGNATION] APPOINTMENT cate in the Department of the Interior, the Department of the Interior, Wash­ Washington 25, D. C. ington 25, D. C. I5y virtue of and pursuant to the au­ In case any objection is filed and the In case any objection is filed and the thority vested in me by the Fair Labor nature of the opposition is such as to nature of the opposition is such as to Standards Act of 1938 (52 Stat. 1060, 29 warrant it, a public hearing will be held warrant it, a public hearing will be held U. S. C. 201), I, Wm. R. McComb, Admin­ at a convenient time and place, .which at a convenient time and place, which istrator of the Wage and Hour and Pub­ will be announced, where opponents to will be announced, where opponents to lic Contracts Divisions, United States De­ the order may state their views and where the order may state their views and partment of Labor, do hereby accept the the proponents of the order can explain where the proponents of the order can resignation of Commissioner Donald its purpose, intent and extent. Should explain its purpose, intent and extent. McMillan from the Advisory Committee any objection be filed, notice of'the de­ Should ^any objection be filed, notice of on Sheltered Workshops, and do appoint termination by the Secretary as to the determination by the Secretary as to ' in his stead Commissioner Ernest I. Pug- whether the order shoulu be rescinded, whether the order should be rescinded, mire, National Commander of the Salva­ modified or let stand will be given to all' modified or let stand will be given to all tion Army, to the Committee. interested parties of record and the gen­ interested parties of record and the gen­ eral public. eral public. Signed at Washington, D. C., this 19th W i l l i a m E . W a r n e , day of June 1947. •W i l l i a m E . W a r n e , Acting Commissioner, Acting Commissioner, W m. R. McComb, Bureau of Reclamation. Bureau of Reclamation. * Administrator. [F. .R. Doc. 47-6000; Filed, June 25, 1947; [F. R. Doc. 47-5999; Filed, June 25, 1947; [F. R. Doc. 47-6006; Filed, June 25, 1947; ——- 8:47 a. m.J 8:47 a. m,] 8:50 a. m.] Thursday, June 26, 1947 FEDERAL REGISTER 4163

FEDERAL COM M UNICATIONS [Docket No. 8419] By the Commission. COMMISSION D e K a l b R a d io S t u d io s [ s e a l ] T. J. S l o w i e , Secretary. [Docket JSto. 8412] ORDER DESIGNATING APPLICATION FOR HEARING ON STATED ISSU ES [F. R. Doc. 47-6041; Filed, June 25, 1947; I n t e r l a k e B roadcasting C o r p . 8:47 a. m.] ORDER DESIGNATING APPLICATION FOR — In re application of Theodore A. Lanes HEARING ON STATED ISSU ES and Roland Wallem, a partnership d/b as DeKalb Radio Studios, DeKalb, 111- In re application of Interlake Broad­ nois, Docket No. 8419, File No. BP-5648; [Docket No. 8423] casting Corporation, Renton, Washing­ for construction permit. ton, Docket No. 8412, File No. BP-5485; At a session of the Federal Communi­ W in d h a m B roadcasting C o . for Construction Permit. cations Commission, held at its offices in At a session of the Federal Communi­ Washington, D. C., on the 11th day of ORDER DESIGNATING APPLICATION FOR cations Commission, held at its offices in June 1947; HEARING ON STATED ISSUES Washington, D. C., on the flth day of The Commission having undei; consid­ In re application of The Windham June 1947; eration the above-entitled application The Commission having under con­ Broadcasting Company, Willimantic, for a construction permit for a new Connecticut, Docket No. 8423, File No. sideration the above-entitled applica­ standard broadcast station to operate tion for a construction permit for a new BP-5810, for construction permit. on the frequency 1360 kc, with 250 w At a session of the Federal Communi­ standard broadcast station on 1220 kc, power, daytime only, in DeKalb, Illinois. with 250 w power, daytime only, at cations Commission, held at its offices in It is ordered, That, pursuant to sec­ Washington, D. C., on the 11th day of Renton, Washington; tion 309 (a) of the Communications Act It is ordered, That, pursuant to sec­ June 1947; of 1934, as amended, the said applica­ The Commission having under consid­ tion 309 (a) of the Communications Act tion be, and it is hereby, designated for of 1934, as amended, the said applica­ eration the above-entitled application hearing at a time and place to be desig­ requesting a construction permit for a tion be, and it is hereby, designated for nated by subsequent^ order of the Com­ hearing at a time and place to be desig­ new standard broadcast station to oper- mission, upon the following issues: ate on 1340 kc, with 250 w power, unlim­ nated by subsequent order of the Com­ 1. To determine the legal, technical, mission, upon the following issues; ited time, at Willimantic, Connecticut; financial, and other qualifications of the It is ordered, That, pursuant to section 1. To determine the legal, technical, applicant partnership and the partners financial, and other qualifications of the 309 (a) of the Communications Act of to construct and operate the proposed 1934, as amended, the said application applicant corporation, its officers, direc­ station. - „ tors and stockholders to construct and be, and it is hereby, designated for hear­ 2. 1*0 determine the areas and popula­ ing, at a time and place to be designated operate the proposed station. tions which may be expected to gain, or 2. To determine the areas and popu­ by subsequent order of the Commission, lose primary service from the operation upon the following issues: lations which may be expected to gain of the proposed station and the charac­ or lose primary service from the opera­ 1. To determine the legal, technical, ter of other broadcast service available financial, and other qualifications of the tion of the proposed station and the to those areas and populations. character of other broadcast service applicant corporation, its officers, di­ 3. To determine the type and charac­ rectors and stockholders to construct available to those areas and popula­ ter of program service proposed to be tions. and operate the proposed station. rendered and whether it would meet the 2. To determine the areas and popu­ 3. To determine the type and charac­ requirements of the populations and ter of program service proposed to be lations which may be expected to gain areas proposed to be served. or lose primary service from the opera­ rendered and whether it would meet the 4. To determine whether the operation tion of the proposed station and the requirements of the populations v and _ of the proposed station would involve character of other broadcast service areas proposed to be served. objectionable interference with station available to those areas and populations. 4. To determine whether the opera­ WTAQ, Green Bay, Wisconsin or with 3. To determine the type and charac­ tion of the proposed station would in­ any other existing broadcast stations ter of program service proposed to be volve objectionable interference with sta­ and, if so, the nature and extent there­ rendered and whether it would meet the tion KTW, Seattle, Washington, or with of, the areas and populations affected requirements of the populations and any other existing broadcast stations thereby, and the availability of other areas proposed to be served. and, if so, the nature and extent thereof, broadcast service to such areas and pop­ 4. To determine whether the opera­ the areas and populations affected ulations. tion of the proposed station would in­ thereby, and the availability of other 5. To determine whether the operation volve objectionable interference with broadcast service to such areas and popu­ of the proposed station would involve Stations WNHC, New Haven, Connecti­ lations. objectionable interference with the cut and WDkC, Hartford^ Connecticut, 5. To determine whether the operation services proposed in any other pending or with any other existing broadcast sta­ of the proposed station would involve applications for broadcast facilities and, tions and, if so, the ^nature and extent objectionable interference with the serv­ if so, the nature and extent thereof, the thereof, the areas and populations af­ ices proposed in any other pending ap­ areas and populations affected thereby, fected thereby, and the availability of plications for broadcast facilities and, if and the availability of other broadcast other broadcast service to such areas and so, the nature and extent thereof, the service to such areas and populations. populations. areas and populations affected thereby, 6. To determine whether the installa­ 5. To determine whether the operation and the availability of other broadcast tion and operation of the proposed sta­ of the proposed station would, involve service to such areas and populations. tion would be in compliance with the objectionable interference with the serv­ 6. To determine whether the installa­ Commission’s rules and Standards of ices proposed in any pending applica­ tion and operation of the proposed sta­ Good Engineering Practice Concerning tions for broadcast facilities and, if so, tion would be in compliance with the Standard Broadcast Stations, particu­ the nature and extent thereof, the areas Commission’s rules and Standards of and populations affected thereby, and Good Engineering Practice Concerning larly with respect to the assignment of a Class IV station to a regional channel, the availability of other broadcast serv­ Standard Broadcast Stations. ice to such areas and populations. It is further ordered, That The First and to whether the proposed operation with 250 w power would be an efficient 6. To determine whether the installa­ Presbyterian Church of Seattle, Wash­ tion and operation of the proposed sta­ ington, licensee of Station KTW, be, and use of the 1360 kc channel. tion would be in compliance with the it is hereby, made a party to this pro­ It is further ordered, That, WHBY, Commission’s rules and Standards of ceeding. Inc,, licensee of Station WTAQ, Green Good Engineering Practice Concerning By the Commission. Bay, Wisconsin, be, and it is hereby, Standard Broadcast Stations, [ s e a l ] T. J. S l o w i e , made a party to this proceeding. It is further ordered, That The Elm Secretary. Notice is hereby given, That, § 1.857 of City Broadcasting Corporation, licensee [F. R. Doc. 47-6040; Filed, June 25, 1947; the Commission’s rules and regulations of Station WNHC, New Haven, Connecti­ 8:47 a. m.] is not applicable to this proceeding. cut and WDRC, Inc., licensee of Station 4164 NOTICES

WDRC, Hartford, Connecticut, be, and . It is further ordered, That, Central as proposed would involve objectionable they are hereby, made parties to this Broadcasting Company, Inc., licensee of interference with stations K O W H , proceeding. s station WARD, Johnstown, Pennsyl- Omaha, Nebraska, WMAQ, Chicago, Il­ By the Commission. 'vania, be, and it is hereby, made a party linois, or KGGF, Coffeyville, Kansas, to this .proceeding. and, if soothe nature and extent there­ [seal] ' T. J . S lo w ie, of, the areas and populations affected Secretary. By the Commission. thereby, and the availability of other [F. R. Doc. 47-6042; Filed, June 25, 1947; [ seal] ^ T. J. Slo w ie, broadcast service to such areas and 8:47 a. m.] Secretary. populations. [F. R. Doc. 47-6043; Filed, June 25, 1947; 5. To determine whether the proposed 8:48 a. m.] operations would involve objectionable .interference each with the other or with [Docket No. 8424] the services proposed in any other pend­ T ow er‘R ealty Co. ing applications for broadcast facilities ORDER DESIGNATING APPLICATION FOR [Docket Nos. 8367, 8422] and particularly whether the operation HEARING ON STATED ISSU ES of Station KFEQ as proposed would in­ KFEQ, Inc. and W HB B roadcasting Co. volve objectionable interference with the In re application of the Tower Realty OjRDER DESIGNATING APPLICATIONS FOR CON­ services proposed in the pending appli­ Company, Cumberland, Maryland, SOLIDATED HEARING ON STATED ISSUES cation of Hugh J. Powell (KGGF), and, Docket No. 8424, Pile No. BP-5940; for if so, the nature and extent thereof, the construction permit. In re applications of KFEQ, Inc. (KFEQ), St. Joseph, Missouri, for con­ areas and populations affected thereby, At a session of’th e Federal Communi­ and the availability of other broadcast cations Commission, held at its offices in struction permit, Docket No. 8367, File No. BP-4810; WHB Broadcasting Com­ service to such areas and populations. Washington, D. C., on the 11th day of 6. To determine whether the proposed June 1947; pany (WHB), Kansas City, Missouri, for modification of construction permit, installations and operations would be in The Commission having under con­ compliance with the Commission’s rules sideration the above-entitled application Docket No. 8422, File No. BMP-2538. At a session of the Federal Communi­ and Standards of Good Engineering for a construction permit for a new Practice Concerning Standard Broadcast standard broadcast station to operate on cations Commission, held at its offices in Washington, D. C. on the 11th day of Stations. the frequency 1490 kc, with 250 w power, 7. To determine on a comparative unlimited time, at Cumberland, Mary­ June 1947; The Commission having under con- basis which, if either of the applications land; in this consolidated proceeding should It is ordered, That, pursuant to sec­ sideration the above-entitled applica­ tion of WHB Broadcasting Company for be granted. tion 309 (a) of the Communications Act It is further ordered, That, World Pub­ of 1934, as amended, the said applica­ modification of its construction permit for operation on 710 kc (File No. B P - lishing Company, licensee of Station tion be, and it is hereby, designated lor KOWH, Omaha, Nebraska; National hearing at a time and place to be desig­ 2873, Docket No. 6022) so as to increase daytime power to 10 kw and to make Broadcasting Company, Inc., licensee of nated by subsequent order of the Com­ Station WMAQ, Chicago, Illinois; and mission, upon the following issues: changes in the daytime directional an­ tenna; Hugh J. Powell, licensee of station 1. To determine the legal, technical, KGGF, Coffeyville, Kansas, be, and they financial, and other qualifications of the It appearing, that the Commission on April 30, 1947, designated for hearing in are hereby, made parties to this pro­ applicant corporation, its officers, di­ ceeding. rectors and stockholders to construct a separate proceeding the application of and operate the proposed station. KFEQ, Inc., requesting a construction By the Commission. permit to increase the daytime power of 2. To determine the areas and popula­ [seal] > r T. J . Slow ie, tions which may be expected to gain or Station KFEQ, operating on 680 kc at Secretary. lose primary service from the operation St. Joseph, Missouri, to 10 kw, to oper­ ate with a nondirectional antenna day­ [F. R. Doc. 47-6044; Filed, June 25, 1947; of the proposed station and the character 8:48 a. m.] of other broadcast service available to time, and to install a new transmitter; those areas and populations. It is ordered, That, pursuant to sec­ 3. To determine the type and charac­ tion 309 (a) of the Communications Act ter of program service proposed to be of 1934, as amended, the above-entitled rendered and whether it would meet the application of WHB Broadcasting Com­ F lint B roadcasting Co., F lint, Mich. requirements of the populations and pany be, and it is hereby designated for hearing in a consolidated proceeding notice concerning proposed transfer of areas proposed to be served. control 1 ' 4. To determine whether the opera­ with the above-entitled application of tion of the proposed station would in­ KFEQ, Inc. at' a time and place to be The Commission hereby gives notice volve objectionable interference with designated by subsequent prder of the that on June 16, 1947 there was received station WARD, 'Johnstown, Pennsyl­ Commission, upon the following issues; an application (BTC-554) for its con­ vania, or with any other existing broad­ 1. To determine the technical, finan­ sent under section 310 (b) of the Com­ cast stations and, if so, the nature and cial, and other qualifications of the ap­ munications Act (47 U. S. C. A.) to the extent thereof, the areas and popula­ plicant corporations, their officers, di­ proposed transfer of control of the Flint tions affected thereby, and the availa­ rectors and stockholders to construct Broadcasting Company, licensee of Sta­ bility of other broadcast service to such and operate stations KFEQ and WHB as. tion WFDF, Flint, Michigan, from How­ areas and populations. - proposed. ard M. and Frederick S. Leob to the 5. To determine whether the opera­ 2. To determine the areas and popu­ Trebit Corporation, a Michigan Cor­ tion of the proposed station would in­ lations whiclf may be expected to gain poration. volve objectionable interference with or lose primary service from the proposed The proposed transfer is based on an the services proposed in any other pend­ operations and the character of other agreement dated May 12, 1947 pursuant % ing applications for broadcast facilities broadcast service available to those areas to which Howard M. and Frederick S. and, if so, the nature and extent thereof, and populations. Leob have agreed to sell their shares the areas and populations affected 3. To determine the type and charac­ of capital stock of Flint Broadcasting thereby, and the availability of other ter of program services proposed to be Gompany to the Trebit Corporation for broadcast service to such areas and pop­ rendered and whether they would meet the sum of $600,000 plus an amount ulations! the requirements of the populations and equal to the "net current assets” of the 6. To determine whether the installa­ areas proposed to be served. Flint Broadcasting Company as of June tion and operation of the proposed sta­ 4. To determine whether the proposed 1 ,1947. The total purchase price is pay­ tion would be in compliance with the operations would involve objectionable able within 30 days after the date upon Commission’s rules and Standards otf interference with any other existing Good Engineering Practice Concerning broadcast stations and particularly 1 Section 1.321, Part I, Rules of Practice Standard Broadcast Stations. whether the operation of Station KFEQ and Procedure. Thursday, June 26, 1947 FEDERAL REGISTER 4165 which the formal order of the Commis­ time other persons desiring to apply for terms of that agreement; and notice of sion consenting to the transfer of con­ the facilities involved may do so upon this permit shall be given to the general trol of the Flint Broadcasting Company the same terms and conditions as set public by depositing a copy in the office is entered. Full information concerning forth in the above described contract. of the Secretary of the Commission at the transaction may be obtained from Washington, D. C., and by filing it with (Sec. 310 (b), 48 Stat. 1086; 47 U. S. C. the Director, Division of the Federal Reg­ the application which is on file in the 310 (b)) office of the Commission, Washington, ister,, D. C. [seal] F ederal Communications Issued at Washington, D. C., this 17th On July 25, 1946 the Commission Commission, day of June 1947. adopted Rule 1.388 (the term? and pro­ T . J . Slow ie, visions of which are embodied in § 1.321 Secretary. "*• V. C. Clinger, Part I of the Commission’s rules and [F. R. Doc. 47-6046; Filed, June 25, 1947; Director, regulations, effective September 11, 8:48 a. m.J Bureau of Service. 1946) providing for publication of the [F. R. Doc. 47-6022; Filed, June 25, 1947; filing of such applications to be given in 8:53 a. m.] a newspaper of general circulation in the FEDERAL POWER CO M M ISSIO N community in which the- station is lo­ [Project No. 654] cated. The Commission was advised with the filing of the application (June W hite R iver P ower Co. [S. O. 750] 16, 1947) that notice would be inserted notice of order dismissing application in a daily newspaper of general circula­ U nloading of Machinery at Americus, tion in Flint, Michigan, beginning June FOR LICENSE (MAJOR) G a. 17, 1947. No action will be had upon J une 23, 1947. At a session of the Interstate Com­ the application for a period of 60 days Notice is hereby given that, on June merce Commission, Division 3, held at its from said June 17, 1947 within which 20, 1947, the Federal Power Commission office in Washington, D. C., on the 20th time other parties desiring to apply for issued its order entered June 19, 1947, day of June A. D. 1947. the facilities involved may do so upon dismissing application for license (ma­ It appearing, that 2 cars containing the same terms and conditions set forth jor) in tlie above-designated matter. tractors, plows and cultivators at Ameri­ in the above described contract. [ seal] , L eon M. F uquay, cus, Ga., on the Seaboard Air Line R ail-. (Sec. 310