'9 3 4 ^ VOLUME 12 NUMBER 14

Washington, Tuesday, January 21,1947

symbols shall have an advance rate 10 CONTENTS TITLE 5— ADMINISTRATIVE percent below the advance rate for the PERSONNEL regular grades without such special Agriculture Department Page Rules and regulations : Chapter I— Civil Service Commission factor, [seal] J esse B. G ilm er, Tobacco, fire-cured, 1946—----- 405 P art 22—R egulations G overning Ap­ Acting President, Alien Property, Office of Commodity Credit Corporation. peals of P reference E ligibles U nder Notices: the V eterans’ P reference A ct of 1944 [F. R. Doc. 47—544; Filed, Jan. 20, 1947; Vesting orders, etc.: 8:48 a. m.] HEARINGS Brambach, Franz M------— 429 1. Section 22.9 (a) (5 CPR 1944 Supp., Brasch, Arno_------430 Costs and expenses incurred 10 F. R. 2170, 13769, 12 F. R. 207) is TITLE TO— ARMY: WAR in certain court actions: amended to read as follows: DEPARTMENT California (3 documents) _ 430,436 § 22.9 Hearings—(a) Right to appear Connecticut and Massachu­ personally or by representative. The ap­ Subtitle A— Organization, Functions setts ------435 pellant shall have the right to appear and Procedure Hawaii (2 documents)— 427,432 personally or through or accompanied by P art 2—O rganization, F u n c tio n s and New York (5 documents)— 428, a designated representative in connection P rocedures of A gencies D ealing W it h 429,432,433,437 with his appeal and if an appellant has Hoeing, August------430 expressed the desire for such a personal th e P ublic Philippine Mfg. Co------427 appearance arrangements will be made signal corps Quekemeyer, J. H------430 for a hearing at a stage of the proceed­ Pursuant to the provisions of section Vogel, Emma J ------438 ings agreed upon between the appellant 3 (a) (1) and (2) of the Administrative Civil Aeronautics Board and the regional office or the office of the Procedure Act of June 11, 1946, § 2.132 Chief Law Officer, as the case may be. (h) (1), appearing at 11 F. R. 177A-787, Rules and regulations: is amended by deleting the first portion Fire prevention: 2. This amendment shall be effective Certification and operation ederal egister of subparagraph (1) and substituting upon publication in the F R . rules for scheduled air car­ Note: This amendment is intended to the following: rier operations outside Con- facilitate the processing of appeals tinder this § 2.132 The Signal Corps. * * * tinental limits of U. S----- 408 part. Because of the importance of the availability of these procedures to appeals (h) The Alaska Communication Sys­ Nonscheduled air carrier cer­ that may be currently pending, the Com­ tem. * * * tification and operation mission finds that good cause exists for mak­ (1) The Alaska Communication Sys­ rules.______408 ing this amendment effective as of the date tem provides point to point telephone Scheduled air carrier rules— 408 of publication in the Federal Register. and telegraph service between the Civil Service Commission (Sec. 14, 58 Stat. 390; 5 U. S. C. Sup. 863) United States and * * * Rules and regulations: The United States Civil Service Com­ (31 Stat. 206; 48 U. S. C. 310) Appeals of preference eligibles; hearings______405 mission. [ seal] E dward F. W itsel l , [seal] H. B. M itch ell, Major General, Civilian Production Administra­ President. The Adjutant General. tion [F. R. Doc. 47-574; Filed, Jan. 20, 1947; [F. R. Doc. 47-567; Filed, Jan. 20, 1947; Rules and regulations: 8:46 a. m.] 8:51 a. m.] Delegations of authority: Commodity Credit Corpora­ tion, with respect to vegeta­ TITLE 6— AGRICULTURAL CREDIT ble oil seeds (Directive 7, Chapter V— Military Reservations and Chapter II— Production and Marketing Revocation)______408 National Cemeteries Administration (Commodity Credit) Price Administration, Office of, with respect to rationing P art 501—L ist of E xecutive O rders, P art 277—T obacco L oans (Directive 1 and Supp. Di­ P roclamations, and P ublic L and O r­ 1 SUBPART 1946 ders A ffecting M ilitary R eservations rectives 1-1, 1-J, -L, 1-Q, Section 277.7 1946 Crop—fire-cured, 1-U, and 1-V, Revocation) _ 408 types 22, 23 and 24, Tobacco Advance revocation o f certain land withdrawals Veterans’ housing program Schedule published in 11 F. R. 13365 is FOR WAR DEPARTMENT USE (Directive 43, Revocation) _ 408 supplemented as follows: C ross R eference: For orders affecting Weight determination, contract the tabulation contained in § 501.1, see Grades marked with the special factor provisions (Directive 6, Revo­ “OS” in addition to the regular grade (Continued on p. 407) cation) ______408 405

\ 406 RULES AND REGULATIONS

CONTENTS— Continued CONTENTS— Continued Federal Power Commission Reclamation Bureau— Con. Page FEDERALMREGISTER- MW - Äf Notices: Rules and regulations: <«v/no^1934 ¿r Coal conservation, coordination Annual water charges; Boise Ir­ of electric facilities; termina­ rigation Project, Idaho-Ore­ tion of emergency and revo- ‘ gon and Tucumcari Project, Published daily, except Sundays, Mondays, cation of exemptions______440 New Mexico______419 and days following official Federal holidays, Michigan-Wisconsin Pipe Line by the Division of the Federal Register, the Co., hearing ______440 Reconstruction Finance Corpo­ National Archives, pursuant to the authority ration contained in the Federal Register Act, ap­ Food and Drug Administration proved July 26, 1935 (49 Stat. 500, as Rules and regulations: amended; 44 U. S. C., ch. 8B ), under regula­ Rules and regulations: Charters of emergency com­ tions prescribed by the Administrative Com­ Federal Food, Drug, and Cos­ panies; War Damage Corpo­ mittee, approved by the President. Distribu­ metic Act, enforcement; ex­ ration ______407 tion is made only by the Superintendent of emptions of drugs and devices. 408 Docum ents, Governm ent P rinting Office Securities and Exchange Com­ W ashington 25, D. C. Interstate Commerce Commis­ mission The regulatory material appearing herein is sion keyed to the Code of Federal Regulations, Notices: which is published, under 50 titles, pursuant Rules and regulations: East Coast Public Service Co. to section 11 of the Federal Register Act, as Car service; priority for wheat and Virginia East Coast Utili- amended June 19, 1937. in Pacific northwest______419 ties, Inc., hearing______439 The F ederal Register will be furnished by Eastern New York Power Corp. 439 mail to subscribers, free of postage, for $1.50 Land Management, Bureau of Seattle Gas Coi______439 per month or $15.00 per year, payable in ad­ Notices: vance. The charge for individual copies Alaska; shore space restoration^. 421 Veterans’ Administration (minimum 15*) varies in proportion to the Arizona; opening of public Rules and regulations: size of the issue. Remit check or money lands ______420 Loans to veterans, guaranty or order, made payable to the Superintendent insurance______410 of Documents, directly to the Government Nevada and California; with­ P rinting Office, W ashington 25, D. C. drawal of public lands in aid War Department There are no restrictions on the republica­ of legislation, revocation____. 420 Rules and regulations: tion of material appearing in the Federal Rules and regulations: R egister. Military reservations; revoca­ Coal prospecting permits; mis­ tion of land withdrawals for cellaneous amendments____ 416 War Department use______405 Montana and Arizona; creation Organization, functions and NOTICE and modification of grazing procedures of agencies dealing General notices of proposed rule districts______416 with public; Signal Corps___ 405 making, published pursuant to Withdrawal of public lands for Transportation of individuals; section 4 (a) 'of the Administra­ use of War Department, checkable personal baggage.. 407 tive Procedu. e Act (Pub. Law 404, revocation: 79th Cong.; 60 Stat. 238), which California; camp sites and CODIFICATION GUIDE were carried under “Notices” prior maneuver purposes______418 to January 1, 1947, are now pre­ Montana; aviation purposes. 418 A numerical list of the parts of the Code sented in a new section entitled New Mexico; auxiliary land­ of Federal Regulations affected by documents “Proposed Rule Making”. Rela­ ing field and practice published in this issue. Proposed rules, as bombing ranges______417 opposed to final actions, are identified as Buch tionship of these documents to in parentheses. material in the Code of Federal Navy Department Regulations, formerly shown by Rules and regulations: Title 3—-The President PaS® cross reference under the appro­ Claims for relief by contrac­ Chapter II—Executive Orders: priate Title, is now indicated by 95261______418 a bold-face citation in brackets at tors; filing, and settlement__ 409 the head of each document. Price Administration, Office of Title 5— Administrative Person­ Rules and regulations: nel Defense rental areas; hotels, Chapter I—Civil Service Commis- rooming houses and motor I sion: CONTENTS— Continued courts (Am. 98)______409 4 Part 22—Appeals of preference Sugar (3d Rev. RO. 3; Am. 33, eligibles under Veterans’ Pref­ Federal Communications Com- Pa&e erence Act, 1946______. . . 405v mission 34) (2 documents)______409 Notices: Public Health Service Title 6— Agricultural Credit Hearings, etc. : Rules and regulations: Chapter H—Production and Mar­ Crescent Broadcast Corp. et Arsphenamine and derivatives; keting Administration (Com­ al------423 supersedure______411 modity Credit) : Don Lee Broadcasting System Biologic products; virus, thera­ 4 Part 277—Tobacco loans_____ 405 ' and KROW, Inc______424 peutic serum, toxin, antitox­ Title 10— Army: War Depart­ Lee-Smith Broadcasting Co. in, etc______411 ment and Associated Broadcast­ Procedures and forms; biological ers, Inc______424 products, licenses______410 Subtitle A—Organization, Func- May, Lester Lee, and Walmac I tions and Procedures: Co. (KMAC)______426 Reclamation Bureau n Part 2—Agencies dealing with Mid-State Broadcasting Co. Notices: public______405 (WMMJ) and Radio Peoria, Annual operation and mainte­ Chapter V—Military Reservations Inc______427 nance charges; Boise Irriga­ . and National Cemeteries: Southland Broadcasting Corp. tion Project, Idaho-Oregon.. 422 4 Part 501—List of Executive and Peninsular Broadcast­ Annual water rental charges; Orders, Proclamations, and ing Corp______426 Tucumcari Irrigation Project, public land orders affecting Stanton, Patrick Joseph____„ 423 New Mexico______421 military reservations______405 Thomas, Harold, and Pyn- First form reclamation with­ Chapter IX—Transport: chon Broadcasting Corp___ 425 drawals: J Part 903—Transportation of in Tytex Broadcasting Co. et §1- 425 Newlands Project, Nevada... 422 dividuals ______407 Western Union Telegraph Co. 425 Shoshone Project, Wyoming* 422 *P. L. O. 341, 342.

$ 407 Tuesday, January 21, 1947 FEDERAL REGISTER ports (see subdivision (v) of this sub- CODIFICATION GUIDE— Con. CODIFICATION GUIDE— Con. paragraph), or to or from points in Alaska. Authorized dependents of mili­ Title 13— Business Credit Page T|t|e 43— Public Lands: Inte- PaS* tary and civilian personnel for whom Chapter I—Reconstruction Fi­ rior— Continued transportation is authorized by the War nance Corporation: Chapter II—Bureau of Reclama- Department. Appendix—Charters of emer­ i 1 tion: (v) Under the terms of the above- gency companies------407 v J Part 402 — Annual water | mentioned Joint* Military Passenger Title 1A— Civil Aviation charges------.— ------419 Agreement the provisions of subdivisions Çhapter I—Civil Aeronautics Title 49— Transportation and (i) and (iv) of this subparagraph con­ Board: Railroads cerning the free allowance via Atlantic / Part 41—Certification and oper­ v chapter I—Interstate Commerce or Gulf ports will expire 6 months after ation rules for scheduled air / , Commission: , the termination of the present war as carrier operations outside /P a rt 95—Car service------— 419 J officially proclaimed by the President or continental U. S------t)li6 Congress. * Part 42—Nonscheduled air car­ a______■______- (2) Method of obtaining the free al­ rier certification and opera­ lowance. In order to obtain the tion rules ------... j Public Land Orders 340,341, and 342, un- weight allowance of baggage authorized j Part 61—Scheduled air carrier 408 der Titie 43 ( infra, which revoke certain in subparagraph (1) of this paragraph, rules------J withdrawals of public lands for use by outbound passengers will present to the 408 f the War Department. baggage agent, at the time the baggage Title 21— Food and Drugs is offered for checking, a through ticket Chapter I—Food and Drug Ad- to the port of embarkation and a copy / ministration: of travel orders issued by competent v part 2—Enforcement of Federal Chapter IX— Transport United States Government authority, Food, Drug, and Cosmetic 408/ P ari 903— T ransportation of I ndividuals under the authority of which the person Act______-— ------is traveling, showing that the traveler is Title 32— National Defense CHECKABLE PERSONAL BAGGAGE en route to the applicable points desig­ Chapter IX—Office of Temporary Paragraph (d) of § 903.7 is rescinded nated in subparagraphs (1) (i), (ii), Controls, Civilian Production and the following substituted in lieu (iii), or (iv) of this paragraph, as the Administration: thereof: case may be, by Government or com­ mercial facilities beyond such port. Note: Regulations and orders § 903.7 Checkable personal baggage. appearing under this chapter are * * * Similarly, inbound passengers will pre­ listed only in the Table of Contents, (d) On transoceanic voyages—(1) sent to the baggage agent, at the time supra. Allowance by the. carriers. Under the the baggage is offered for checking, a Chapter XI—Office of Temporary terms and conditions set forth in the through ticket from the port of entry to Controls, Office of Price Ad­ Joint Military Passenger Agreement destination and a copy of travel orders ministration : (WD), Commercial Traffic Bulletin 6 issued by competent United States Gov­ Note: Regulations and orders (1946), the rail carriers and certain ernment authority, under the authority appealing under this chapter are steamship lines in the continental of which the person is traveling, show­ listed only in the Table of Contents, United States, exclusive of Alaska, ing that the traveler has arrived by Gov­ supra. parties to that agreement, will, for the ernment or commercial facilities enTÔüte Title 34— Navy classes of persons indicated in subdi­ from the applicable points designated in Chapter I—Department of the visions (i), (ii), (iii), and (iv) of this subparagraphs (1) (i), (ii), (iii). or January 15,1947, further amend­ * P. L. O. 342. ed by changing Paragraph “Seventh” to *P. L. O. 341. States not included in subdivision (i) of 4P. L. O. 340. this subparagraph, via Atlantic or Gulf yead as follows: 408 RULES AND REGULATIONS

S evenths The Corporation shall not have succession beyond January 22,1947, TITLE 21— FOOD AND DRUGS P art 903—D elegations of A uth o rity except for purposes of liquidation (in­ Chapter I— Food and Drug Adminis­ [Directive 43, Revocation] cluding the adjustment and payment, not later than June 30, 1947, of claims tration, Federal Security Agency AUTHORIZATIONS UNDER VETERANS’ HOUSING PROGRAM ORDER 1 duly presented under subsection (b) of P art 2—R egulations for th e E nforce­ section 5g of the Reconstruction Finance m en t of th e F ederal F ood, D rug, and Section 903.156 Directive 43 is hereby Corporation Act, as amended). C osmetic A ct revoked. This revocation does not affect any liabilities incurred for violation of (48 Stat. 1108, 49 Stat. 4, 52 Stat. 212, n e w DRUGS 54 Stat. 573,574, 961,55 Stat. 249, 56 Stat. rules, orders, regulations or other actions 174, 355; 15 U. S. Ç. and Sup. 606b) By virtue of the authority vested in issued pursuant to the directive. the Federal Security Administrator by Issued this 20th day of January 1947. R econstruction F inance the provisions of section 701 (a) of the C orporation, Federal Food, Drug, and Cosmetic Act W . J. K erlin, H e n r y T . B odman, » (52 Stat. 1040 ff, 21 U. S. C. 301 et seq.); Director of Bureau of Priorities. Vice Chairman. the Reorganization Act of 1939 (53 Stat. , [P. ,R. Doc. 47-651; Piled, Jan. 20, 1947; Attest; January 15, 1947. 561, ff, 5 U. S. C. 133—133v); and Reor­ 11:15 a. m.] A. T. H o bson, ganization Plans No. I (53 Stat. 1423) Secretary. and No. IV (54 Stat. 1234); the regula­ [P. R. Doc. 47-533; Piled, Jan. 20, 1947; tion heretofore promulgated as § 2.109 P art 903—O rganization and D elegations 8:46 a. m.] (21 CFR, Cum. Supp., 2.109) under sec­ tion 505 (a) of the act is amended to of A uth o r ity read as follows: [Directive 1, and Supplementary Directives I—If I-J» 1-L, 1-Q, 1-U, and 1-V, Revoca­ TITLE T 4— CIVIL AVIATION § 2.109 New drugs; exemption from tions] section 505 of the act. A new drug shall Chapter I— Civil Aeronautics Board not be deemed to be subject to section DELEGATION OF AUTHORITY TO THE OFFICE OF [Regs., Serial No. 385] PRICE ADMINISTRATION WITH RESPECT TO 505 of the act if it is a drug which is RATIONING P art 41—C ertification and O peration licensed under the Public Health Service R u l es for S cheduled A ir C arrier Act of July 1, 1944 (58 Stat. 682; 42 The following directives are-revoked: O perations O utside th e C ontinental U. S. C. (Supp. V) 201 et seq.), or under 5 903.1 Directive 1; L im it s of th e U n ited S tates the animal virus-serum-toxin law of § 903.10 Supplementary Directive 1-1. March 4, 1913 (37 Stat. 832; 21 U. S. C. § 903.11 Supplementary Directive 1-J. P art 42— N onscheduled A ir C arrier Cer­ § 903.14 Supplementary Directive 1-L. tificatio n and O peration R u l es 151 et seq.). (Sec. 701 (a), 52 Stat. 1055, § 903.22 Supplementary Directive 1-Q. Sec. 12, Reorganization Plan No. IV, 54 § 903.26 Supplementary Directive 1-V. P art 61— S cheduled A ir C arrier R ules Stat. 1237; 21 U. S. C. 371) § 903.41 Supplementary Directive 1—V. FIRE PREVENTION IN AIR CARRIER AIRCRAFT The foregoing amendment shall be­ However, the delegations of powers un­ Adopted by the Civil Aeronautics come effective upon its publication in the der such directives shall be treated as still Board at its office in Washington, D. C., F ederal R egister. remaining in force for the purpose of on the 10th day of January 1947. continuing in effect any requirements in It appearing that: Amendments to §§ Dated: January 16, 1947. orders or regulations of the Temporary 41.20, 42.10 and 61.30 (11 F. R. 11353) of M aurice Co l l in s, Controls Administrator which relate to the Civil Air Regulations effective No­ Acting Administrator. the preservation of records required to be vember 1, 1946, require extensive modifi­ made or kept before such revocations. In cation of the aircraft involved; the [P .-R . Doc. 47-581; Piled, Jan. 20, 1947; addition, such revocations shall not af­ starting and completion dates specified 8:48 a. m.] fect control over the disposition of ration in these amendments were established evidences issued pursuant to such powers, on the best information available when * and shall not have the effect of releasing said amendments were promulgated; TITLE 32— NATIONAL DEFENSE or extinguishing any penalty or liability the time required to make the design incurred for violation of any order, rule, changes and tests and the inability of Chapter IX— Office of Temporary Con­ or regulation issued as a result of the ex­ the manufacturers to furnish the nec­ trols, Civilian Production Adminis­ ercise of the rationing powers formerly essary parts and materials make it im­ tration conferred in such directives, and the possible for the carriers to accomplish delegations of powers under them shall Authority : Regulations in this chapter the modifications required in compliance unless otherwise noted at the end of docu­ be treated as still remaining in force for with the dates now specified; additional ments affected, issued under sec. 2 (a ), 54 the purpose of allowing or sustaining any time should be granted to make such Stat. 676, as amended by 55 Stat. 236, 56 Stat. proper proceeding, action, or prosecution modifications, compliance with the pro­ 177, 58 Stat. 827, and Public Laws 270 and with respect to such penalty or liability. cedures required by section 4 (a) of the 475, 79th Congress; Public Law 388, 79th Issued this 20th day of January 1947. Administrative Procedure Act is unnec­ Congress; E. O. 9024, 7 P. R. 329; E. O. 9040, essary. 7 P. R. 527; E. O. 9125, 7 F. R. 2719; E. O. 9599, W. J. K erlin, Now, therefore: Effective January 10 10 P. R. 10155; E. O. 9638, 10 P. R. 12591; Director of Bureau of Priorities. C. P. A. Reg. 1, Nov. 5, 1945, 10 P. R. 13714; 1947, §§41.20 (f) (2), 42.10 (b) and Housing Expediter’s Priorities Order 1, Aug [P. R. Doc. 47-648; Filed, Jan. 20, 1947; 61.30 (b) are amended by substituting 27, 1946, 11 P. R. 9507; E. O. 9809, Dec. 12 11:15 a. m.] “May 1,1947,’’ for “January 1,1947,“ and 1946, 11 P. R. 14281; OTC Reg. 1, 11 p. R. substituting “May 1, 1948,“ for “January 14311. 1, 1948;“ §§ 41.20 (f) (3), 42.10 (c) and P art 904—P rocurement 61.30 (c) are amended by substituting P art 903—O rganization and D elegations the date “May 1, 1947,“ for “January 1, [Directive 6, Revocation] o f A u th o r ity 1947,” and by substituting the date “May CONTRACT PROVISIONS FOR WEIGHT [Directive 7, Revocation] 1,1948,” for the date “September 1,1947.“ DETERMINATION DELEGATION OF ALLOCATION AUTHORITY OVER (52 Stat. 984, 1007; 49 U. S. C. 425, 551) Section 904.5 Directive 6 is revoked. VEGETABLE OIL SEEDS TO COMMODITY By the Civil Aeronautics Board. Issued this 20th day of January 1947. CREDIT CORPORATION

Cseai*] M . C. M ulligan, W . J . K erlin, Section 903.12 Directive’ 7 is revoked. Secretary. Director of Bureau of Priorities. This revocation shall not have the ef­ fect of releasing or extinguishing any [F. R. Doc. 47-565; Filed, Jan. 20, 1947i |P. R. Doc. 47-649; Piled, Jan. 20, 1947; 8:46 a. m.] penalty or liability incurred for violation 11:15 a. m.] of any order, rule, or regulation issued 409 Tuesday, January 21, 1947 FEDERAL REGISTER Rationale Accompanying Amendment puted by multiplying the sugar use for as a result of the exercise of powers dele­ the corresponding calendar month in gated under such directive, and the dele­ No. 33 to Third Revised Ration Order gation of such powers shall be treated as 3 1945 by 80 percent; still remaining in force for the purpose Present regulations. Present regula­ 3. Section 24.2 (c) (1) is amended to of allowing or sustaining any proper pro­ tions require industrial users to file Form read as follows: ceeding, action, or prosecution with re­ Rr-357 (Industrial User Application for (1) The base for each calendar month spect to such penalty or liability. Increased Allotment Based on Popula­ from September through December will Issued this 20th day of January 1947. tion Increases) for each allotment period be computed by multiplying the sugar use in which the factor for that county has for the corresponding calendar month in W. J. K eiÆi n , changed from the preceding allotment Director of Bureau of Priorities. 1945 by 80 percent; period, or when additional counties are This amendment shall become effec­ [F. R. Doc. 47-650; Filed, Jan. 20, 1947; .Added to the list of counties receiving tive as of January 1, 1947. 11:15 a. m .l ^ increase factors. Proposed amendment. This amend­ Issued this 20th day of January 1947. ment eliminates the requirement of filing P h il ip B. F lem ing, an R-357 Form when a change in factors takes place but continues the require­ Temporary Controls Administrator. Chapter XIt—Office of Temporary Con­ ment of filing R-357 when a county or Rationale Accompanying Amendment trols, Office of Price Administration counties are added to the list as shown No. 34 to Third Revised Ration Order 3 # in section 4 of Supplement 1 to Third P art 1407—R ationing of P ood and P ood Revised Ration Order 3. The purpose of using percentage fac­ P roducts This amendment also specifically pro­ tors in establishing maximum allowances [3d Rev. RO 3 ,1 Amdt. 33] vides that if during any period an in­ under the provisions of Amendment 24 dustrial user ceases to make deliveries to , was in order to relate allowances of sugar SUGAR any county for which he was granted for the manufacture of bulk sweetened A rationale for this amendment has an increase he must report such fact to condensed milk to a representative been issued simultaneously herewith and the Sugar Branch Office when he files his rationing period. That is, by the use of has been filed with the Division of the next application for an allotment. percentage factors in establishing maxi­ Federal Register. Reason for change. Since the Office mum allowances, the annual use of sugar Third Revised Ration Order 3 is of Temporary Controls, Office of Price for the manufacture of bulk sweetened amended in the following respects: Administration, already has all neces­ condensed milk will approximate the sary data with respect to the counties in average use of sugar for such purpose 1. Section 2.3 (d) is amended to read which an increased factor was granted in during the years 1943, 1944 and 1945. as follows: the preceding period, the filing of this However, at the time Amendment 24 was (d) How application is made. An in -.data when the factor is changed merely issued, estimated data were used in dustrial user’s application for the in­ represents an unnecessary duplication of establishing the percentage factors^ Re­ effort by the user and the Office of Tem­ examination of these percentage factors crease allowed by this section must be on the basis of actual rather than esti­ made, in person or by mail, to the Sugar porary Controls. However, a report is needed when a county is added to the mated figures indicate that the percent­ Branch Office with which he is registered. age factors for the year 1945 and for the The first application for such increase list, because the previous report from the user did not cover this county. Since years 1944 and 1945 must be revised. The must be made on OPA Form R-357 (Re­ an industrial user may use an increase revised percentage factors for the year vised). No further application for such granted under the provisions of section 1945 and for the years 1944 and 1945 are increase need be filed unless one or more 2.3 only in products to be delivered by incorporated in this amendment. areas to which an industrial user de­ him to the area for which he received [F. R. Doc. 47-657; Filed, Jan. 20, 1947; livered products in 1941 are added to the the increase, a user who ceases to make 11:40 a. m.] areas listed in the supplement to this such deliveries must report such fact to order. Each time one or more listed the Sugar Branch Office. areas are added by an amendment, he [F. R. Doc. 47-658; Filed, Jan. 20, 1947; must apply on OPA Form R-357 (Re­ 11:40 a. m.] P art 1388—D e fe n se -R ental A reas vised) for the increase in allotment to [Transient Hotels, Residential Hotels, Room­ which he may be entitled because of the ing Houses and Motor Courts,1 Corr. to addition of such areas for the first pe-„ Amdt. 98 (§ 1388.1231)] riod to which the amendment applies. P art 1407—R ationing of F ood and F ood TRANSIENT HOTELS, RESIDENTIAL HOTELS, 2. Section 2.3 (g) is amended by add­ P roducts ROOMING HOUSES AND MOTOR COURTS ing a parenthetical phrase to read as fol­ [3d Rev. RO 3,1 Amdt. 34] Section 4 (k) in Amendment 98 to lows: (If during any period an industrial SUGAR Transient Hotels, Residential Hotels, user ceases to make to any listed area for Rooming Houses and Motor Courts is which he obtained an increase the de­ A rationale for this amendment has corrected to read “4 (r)”. liveries required by this paragraph, he been issued simultaneously herewith and must report such fact to the Sugar has been filed with the Division of the Issued this 17th day of January 1947, Branch Office on his next application for Federal Register. P h il ip B . F lem ing, an allotment and the amount of the in­ Third Revised Ration Order 3 is Temporary Controls Administrator. crease he was granted for such delivery amended to read as follows: [F. R. Doc. 47-656; Filed, Jan. 20, 1947 shall be considered excess inventory as 1. Section 24.2 (a) (2) is "Amended to 11:39 a. m.] provided in section 2.$ of this order.) read as follows: This amendment shall become effec­ (2) The sum of his sugar use in each TITLE 34— NAVY tive January 25, 1947. corresponding calendar month in 1944 Note: The reporting and record-keeping Chapter I— Department of the Navy requirements of this amendment have been and 1945 is divided by two and the re­ approved by the Bureau of the Budget in ac­ sult is multiplied by 90 percent; P art 29— C laim s for R elief b y cordance with the Federal Reports Act of C ontractors 1942. 2. Section 24.2 (b) (3) is amended to read as follows: f il in g and settlem ent of claims Issued this 20th day of January 1947. (3) The base for each calendar month, Pursuant to the authority vested in the P h il ip B . F lem ing, Temporary Controls Administrator. if such month is after August, is com- Secretary of the Navy by the act of

1U F. R. 116. * Il F. R. 177, 14281. * 11 F. R. 13056. 410 RULES AND REGULATIONS

August 7,1946, Public Law 657, 79th Con­ TITLE 38— PENSIONS, BONUSES, payment was made shall reimburse the gress (hereinafter referred to as the Administrator except as to so much of “act”), and Executive Order No. 9786 AND VETERANS’ RELIEF the loss as such person or transferor dated October 5, 1946 (hereinafter re­ establishes was not attributable to such ferred to as the “Executive order”) , the Chapter I— Veterans’ Administration failure. following regulations are prescribed to govern the filing, consideration, adjust­ P art 36—R egulations U nder S ervice­ 2. Paragraph (b) of § 36.4339 Quali­ ment and settlement of claims for relief m e n ’s R eadjustment A ct of 1944 fication for designated appraisers is re­ by contractors against the Department GUARANTY OR INSURANCE OF LOANS TO voked January 21, 1947. of the Navy under the provisions of the VETERANS 3. Section 36.4350 (a) is amended to read as follows: act and the Executive order. The following changes are made in the § 29.1 Filing of claims, (a) Where a Regulations governing the guaranty and REAL ESTATE LOANS claim shall be filed with the Navy De­ insurance of loans under Title III of the § 36.4350 Eligibility for guaranty or partment under the provisions of the Servicemen’s Readjustment Act of 1944, insurance, (a) No loan for the pur­ Executive order, it shall be filed with the (Pub. Law 346, 78th Cong., as amended chase of an interest in residential, farm, by Pub. Law 268, 79th Cong.) as or business realty, or for the cost of bureau or activity under whose contracts amended: and subcontracts the loss is claimed. any construction, repairs, alterations, or When the claim is made with respect to 1. Section 36.4325 (b) is amended to improvements thereon shall be eligible read as follows: | for a guaranty or insurance unless the contracts and subcontracts of more than veteran has or will become vested with one bureau or activity, the claim shall § 36.4325 Partial or total loss of guar­ an estate in the subject property not be filed with the bureau or activity under anty or insurance. * * * less than: whose contracts and subcontracts the (b) In taking security required by the (1) A fee simple estate therein, legal largest claim for loss is made. act and the regulations in this part, a or equitable; or (b) Since no claim shall be received holder shall obtain the required lien on (2) A leasehold estate running or re­ or considered by any war agency unless property the title to which is such as to newable at the option of the lessee for properly filed in accordance with the be acceptable to prudent lending insti­ a period of not less than 14 years from provisions of the act and the Executive tutions, informed buyers, title com­ the maturity of the loan, or to any order on or before February 7, 1947, the panies, and attorneys, generally in the earlier date at which the fee simple title date on which a claim or an amendment community in which the property is will vest in the lessee, which is assign­ situated, and if any holder fails in this able or transferable, if the same be sub­ to a claim is filed with a bureau or office respect or fails to comply with the act shall be immediately noted or stamped jected to the lien, or and the regulations to this part with (3) A life estate, Provided, That the on the four copies of the claim. respect to: remainder and reversionary interests are (c) The bureau or activity receiving (1) Obtaining and retaining a lien of subjected to the lien. a clqjfn filed under the provisions of the the dignity required on all property re­ act and the Executive order shall im­ ported as being encumbered to secure (Sec. 504, 58 Stat. 293, Sec. 8, 59 Stat. mediately forward it to the Office of the a loan, 629; 38

Drug, and Cosmetic Act and the regula­ DEFINITIONS Food, Drug, and Cosmetic Act (21 U. S. C. tions thereunder. By administrative ar­ Sec. 355) of new drugs licensed under the Public 22.1 Definitions. Health Service Act; see 21 CFR, Chap. I, rangement, reports are made to the 2.109. Drugs Intended solely for investiga­ Service by the Food and Drug Adminis­ LICENSES; PROCEDURE tional use, see 21 CFR, Chap. I, 2.114. tration whenever, in the course of the 22.2 Application. Cross Reference: Bureau of Customs regu­ field operations of the Food and Drug 22.3 Inspection of establishments and ex­ lations relating to viruses, serums and Administration, conditions or products amination of products prior to li­ toxins: See Customs Duties, 19 CFR, Cum. are encountered which there is reason censing. Supp., 12.21-12.23. to suspect ma^ be substandard. In any 22.4 Form of license: domestic establish­ Cross Reference: Post Office regulations emergency involving protection to the m ents. relating to importation and transportation of 22.5 Product licenses. viruses, serums, and antitoxins by mail: See public against products whifch may be 22.6 Changes to be reported. Postal Service, 39 CFR 6.14, 21.54. dangerous to life or health, proceedings 22.7 Products under development. may be invoked under the provisions of 22.8 Issuance, revocation or suspension. DEFINITIONS either act as may be agreed between the 22.9 Licenses heretofore issued. § 22.1 Definitions. As used In this Public Health Service and the Food and 22.10 Summary suspension. part: Drug Administration or as the Adminis­ 22.11 Review Board. (a) “Act” means the Public Health trator may direct. (Sec. 701 (a), 52 Stat. 22.12 Opportunity for hearing. 22.13 Suspension and relocation: publica­ Service Act (58 Stat. 682), approved July 1055, Sec. 12, Reorganization Plan No. tion. 1, 1944. IV, 54 Stat. 1237, Secs. 3, 12, Pub. Law 22.14 Reissuance. (b) “Administrator” means the Fed­ 404, 79th Cong., 60 Stat. 238, 244; 21 FOREIGN ESTABLISHMENTS AND PRODUCTS eral Security Administrator. U. S. C. 371), (c) “Surgeon General” means the Sur­ J am es A. C rabtree, 22.20 Licenses required. geon General of the United States Pub­ Acting Surgeon General. 22.21 Procedure. 22.22 Form of license. lic Health Service. Approved: January 16, 1947. 22.23 Smallpox vaccine; importation pro­ (d) “Institute” means the National hibited. Institute of Health in the Public Health M aurice C o l l in s, 22.24 Samples to accompany each importa­ Service. Acting Federal Security tion. (e) “State” means a State or the Dis­ Administrator. ESTABLISHMENT INSPECTION trict of Columbia, Hawaii, Alaska, Puerto Rico, or the Virgin Islands. [F. R. Doc. 47-582; Piled, Jan. 20, 1947; 22.30 Inspectors. 8:48 a. m.] 22.31 Time of inspection. (f) “Possession” includes, among other 22.32 Duties of inspector. possessions, Puerto Rico and the Virgin Islands. ESTABLISHMENT STANDARDS (g) “Biologic product” means any vi­ 22.35 Responsible head. P art 21—A rsphenamine and D erivatives rus, therapeutic serum, toxin, antitoxin, 22.36 Records, samples, cultures. or analogous product applicable to the Cross R efer en c e: For supersedure of 22.37 Physical establishment; construction, prevention, treatment or cure of diseases Part 21 by Part 22, see Part 22 of this equipment and care, or injuries of man: title, infra. 22.38 Animals used in production. (1 ) A virus is a product containing the 22.39 Human blood donors. .minute living cause of an infectious dis­ STANDARDS FOR PRODUCTS : LABELS ease. 22.50 Container labels. (2) A therapeutic serum is the prod­ P art 22—B iologic P roducts 22.51 .Proper name on outside label. uct obtained from thetxlood of an animal 22.52 Outside label; additional items. virus, therapeutic serum , t o x in , a n t i­ by removing the clot or clot components 22.53 Divided manufacturing responsibility t o x in , OR ANALOGOUS PRODUCTS OR ARS­ and the blood cells and intended for ad­ to be shown. ministration by a route other than in­ PHENAMINE OR ITS DERIVATIVES (OR ANY 22.54 Name of selling agent or distributor. OTHER TRIVALENT ORGANIC ARSENIC COM­ 22.55 Products for export. gestion. POUND) (3) A toxin is a product containing a STANDARDS FOR PRODUCTS: GENERAL soluble substance poisonous to laboratory General statement. Notice of proposed 22.70 Tests prior -to release. animals or to man in doses of 1 milliliter rule making having been published (11 22.71 Tests : by whom made. or less (or equivalent in weight) of the F. R. 8378) and consideration having 22.72 Ingredients, preservatives, diluents. product, and having the property, fol­ been given to all relevant matter pre­ 22.73 Total solids in serums. lowing the injection of non-fatal doses sented, the following regulations are pre­ 22.74 Permissible combinations. into an animal, of causing to be produced 22.75 Container and closure. scribed (1) to establish standards de­ 22.76 m Standard units or samples, therein another soluble substance which signed to insure the continued safety, 22.77 * Standards of potency; particular prod­ specifically neutralizes the poisonous sub­ purity, and potency of biological prod­ ucts. stance and which is demonstrable in the ucts, applicable to the prevention, treat­ 22.78 Dating period; date of manufacture. serum of the animal thus immunized. ment, or cure of diseases or injuries of 22.79 Dating period; products in cold stor­ (4) An antitoxin is a product contain­ man, which are to be sold, bartered, or age. ing the soluble substance in serum or exchanged in the District of Columbia or ADDITIONAL STANDARDS: TRIVALENT ORGANIC other body fluid of an immunized animal in Interstate or foreign commerce, and ARSENICALS which specifically neutralizes the toxin (2) to prescribe procedures for thé issu­ 22.90 Tests prior to release. against which the animal is immune. ance, suspension, revocation, and rein­ 22.91 Pre-testing by Institute; sample of (5) A product is analogous: statement of licenses to establishments each lot. (i) To a virus if prepared from or with for the manufacture and preparation of 22.92 Expiration date. a virus or agent actually or potentially such products for the uses indicated. The 22.93 Composition of product. infectious, without regard to the degree regulations are prescribed under sec­ 22.94 Container. of virulence or toxicogenicity of the spe­ tion 351 of the Public Health Service 22.95 Final container label. cific strain used. Act of 1944 and supersede those pre­ 22.96 Outside label. (ii) To a therapeutic serum, if com­ scribed under the Act of July 1, 1902 (32 Authority: §§ 22.1 to 22.96, inclusive, is­ posed of whole blood or plasma or con­ Stat. 728) which had been continued in sued under sec. 351, 58 Stat. 702; 42 U. S. C., taining some organic constituent or prod­ Sup. 262. Statutes giving special authority uct other than a hormone or an amino effect by section 602 of the Act of July 1, are cited in parentheses, at the end of af­ 1944 (58 Stat. 682) pending the issuance fected sections. acid, derived from whole blood, plasma, of regulations under the Public Health or serum and intended for administration Service Act. Cross Reference: Federal Security Agency by a route other than ingestion. regulations relating to drugs as defined in the Part 21, Arsphenamine and Deriva­ Federal Food, Drug, and Cosmetic Act (21 (iii) To a toxin or antitoxin, if in­ tives and Part 22 Viruses, Serums, Toxins U. S. C, 301 et seq.). See Food and Drug Ad­ tended, irrespective of its source of and Analogous Products are hereby su­ ministration, Federal Security Agency, 21 origin, for the prevention, treatment, or perseded and a new Part 22 is hereby CFR, Chap. I, Parts 2, 135, 141, 144, 145, 146. cure of diseases or injuries of man issued. Exemption from section 505 of the Federal through specific immunization. 412 RULES AND REGULATIONS

(h) “Trivalent organic arsenicals” l ic e n se s; procedure tion of the establishment or re-examina­ tion of the product. means arsphenamine and its derivatives 122.2 Applications. To obtain a li­ Cor any other trivalent organic arsenic cense for any establishment, biologic § 22.7 Products under development. compound) applicable to the prevention, product or trivalent organic arsenical, A biologic product or trivalent organic treatment, or cure of diseases or injuries the manufacturer shall make application arsenical undergoing development, but of man. to the Surgeon General on forms pre­ not yet ready for a product license, may (i) "Products” includes biologic scribed for such purpose, and in the case be shipped or otherwise delivered from products and trivalent organic arsen­ of an application for a product license one State or possession into another icals. A product is deemed "applicable shall submit samples of the product and State or possession, for purposes of con­ to the prevention, treatment or cure of specimens of the labels, enclosures, and trolled investigation, only in accordance diseases or injuries of man” irrespective containers proposed to be used for such with regulations under section 505 (i) of the mode of administration or appli­ product. of the Federal Food, Drug, and Cosmetic cation recommended, including use when Act, as amended. intended, through administration or ap­ § 22.3 Inspection of establishments plication to a person, as an aid in diag­ and examination of products prior to li­ § 22.8 Issuance, revocation or suspen­ nosis or in evaluatng the degree of sus­ censing. Licenses shall be issued only sion. A license shall be issued by the Ad­ ceptibility or immunity possessed by a aftèr inspection of the establishment and ministrator upon the recommendation of person; and including also any other examination of the product for which a the Surgeon General and upon the find­ use for purposes of diagnosis if the product license is desired and upon a ing by the Surgeon General that the es­ diagnostic substance so used is prepared determination that the establishment tablishment or the product, as the case from or with the aid of a biologic and the product meet the standards pre­ may be, meets the standards established product. scribed, in the regulations in this part. by the regulations in this part as herein (j) “Proper name”, as applied to a Additional product licenses shall be is­ prescribed or hereafter amended. Li­ product, means the name designated in sued only upon examination of the prod­ censes shall be valid until suspended or the license for use upon each container uct and a determination that the prod­ revoked. An establishment or product of the product. uct meets the standards prescribed in license shall be revoked upon application the regulations in this part. of the manufacturer giving notice of in­ (k) “Dating period” means the period tention to discontinue the manufacture beyond which the product cannot be ex­ § 22.4 Form of license: domestic es­ of all products or of intention to discon­ pected beyond reasonable doubt to yield tablishments. The following form of tinue the manufacture of a particular its specific results. license is prescribed for establishments product for which a license is held. The (l) “Expiration date” means the date located in any State or possession of the Surgeon General shall recommend to the of termination of the dating period. United States; (m) The word “standards” means Administrator that a license be sus­ specifications and procedures applicable Establishment License N o.______pended or revoked whenever he finds, to an establishment orto the production, This is to certify th a t ______after notice and opportunity for hearing, content, testing, labeling, or release of o f ______through the establish­ that the establishment or the product for ment identified as ______located which the license has been issued fails products prepared therein, which are a t ______is hereby licensed, pur­ to conform to the standards in the regu­ prescribed in this part and which are suant to section 351 o f the Public Health lations in this part as herein prescribed designed to insure the continued safety, Service Act, approved July 1, 1944 (58 Stat. or hereafter amended to insure the con­ purity and potency of such products. 682), and regulations thereunder, to propa­ (n) The word “continued” as applied gate or manufacture, and to prepare for sale tinued safety, purity and potency of the to the safety, purity and potency of prod­ in the District of Columbia, or for sending, manufactured product. In case of sus­ ucts is interpreted to apply to the dating bringing or carrying from any State or pos­ pension, if the faulty condition is not session into any other State or possession or corrected within 60 days or within such period into any foreign country any virus, serum, other period as may be specified in the (o) The word “safety” is interpreted toxin, antitoxin, or analogous product, or notice of suspension, he shall recommend to apply to the relative freedom from arsphenamine or its derivatives (or any that the license be revoked. Except as harmful effect to the recipient when a other trivalent organic arsenic compound) provided in § 22.10, prior to the institu­ product is prudently administered taking for the propagation and manufacture of into consideration the character of the which the establishment holds an unsus­ tion of proceedings looking to the sus­ product in relation to the condition of pended and unrevoked license issued by the pension or revocation of a license the li­ the patient at the time. Federal Security Administrator pursuant to censee shall be advised in writing of the said act and regulations. facts or conduct which may warrant such (p) The word “purity” is interpreted action and shall be accorded opportunity to mean the-degree of freedom from ex­ Federal Security Administrator. within a reasonable period prescribed by traneous matter, whether harmful to the Date ______recipient, deleterious to the product or the Surgeon General to demonstrate or otherwise, in the finished product. § 22.5 Product licenses. Each prod­ achieve compliance with the regulations (q) The word “potency” is inter­ uct license shall designate : in this part. preted to mean the specific ability or (a) The manufacturer. § 22.9 Licenses heretofore issued. Any capacity of the product, as indicated by (b) The establishment. license heretofore issued and in effect appropriate laboratory tests or by ade­ (c) The license number of the estab­ upon the effective date of the regulations quately controlled clinical data obtained lishment. in this part shall remain in effect, unless through the administration of the prod­ (d) The proper name of the product, and until superseded by a new license, or uct in the manner intended, to effect a with additional specifications, if any, suspended or revoked, pursuant to the given result. which may be approved or required for regulations in this part. additional labeling purposes. (r) “Manufacturer” includes any indi­ § 22.10 Summary suspension. When­ vidual, trust or estate, association, part­ § 22.6 Changes to be reported. Im­ ever the Surgeon General has reasonable nership or corporation 'engaged in the portant changes in location, equipment, manufacture of a product subject to li­ ground to believe that an establishment management and responsible personnel, or product for which a license has been cense under the act. or in production methods and labeling (s) “Establishment” means that por­ issued fails to conform to the standards tion of the properties of any manufac­ of any licensed product or of any prod­ prescribed in the regulations in this part, turer which is given over to the manu­ uct for which an application for a li­ and that by reason of such failure and facture of a product subject to license, cense is pending shall be immediately re­ of failure of the paanufacturer to take including equipment and animals used, ported to the Institute by any establish­ prompt corrective measures on notice and the personnel engaged in such man- ment holding a license, and, unless in thereof, the distribution or sale of a li­ uf9iCtur6 • case of an emergency, not less than 30 censed product would constitute a dan­ (t) “Selling agent” or “distributor” days in advance of the time such changes ger to health, or that the establishment means any person engaged in the unre­ are made; failure to make such report and production methods have been so stricted distribution, other than by sale shall constitute a ground for summary changed as to require in order to protect at retail, of products subject to license. suspension of a license pending reinspec­ the public health a new showing that the Tuesday, January 21, 1947 FEDERAL REGISTER 413 establishment or product meets the product. Unlicensed products intended trol of biologic products and designated standards prescribed in the regulations solely for purposes of controlled investi­ for such purpose by the Surgeon Gen­ in this part, he may recommend to the gation are admissible only if in accord eral or by any officer, agent, or employee Administrator that the license for the with applicable regulations under sec- of the Federal Security Agency specifi­ establishment or the product be sum­ , tion 505 (i) of the Federal Food, Drug, cally designated for such purpose by the marily suspended and the manufacturer and Cosmetic Act, as amended. Administrator. be required (a) to notify the selling § 22.21 Procedure. Except as other­ § 22.31 Time of inspection. The in­ agents and distributors to whom such wise provided in this part, licenses for spection of an establishment for which a product or products have been delivered foreign establishments_and products license is pending need not be made until of such suspension, (b) to furnish com­ shall be issued, suspended or revoked in the establishment is in operation and is plete records of such deliveries and notice the same manner as licenses for domes­ manufacturing the complete product for of suspension, and (c) to show cause tic establishments and products. Each which a product license is desired. In within 60 days or such other period as foreign establishment holding a license case the license is denied following in­ may be specified in the order why the and consigning any licensed biologic spection for the original license, no re­ license should not be revoked. product or trivalent organic arsenical inspection need be made uritil assurance § 22.11 Review Board. When deemed into any State or possession shall be re­ has been received that the faulty condi­ advisable by the Surgeon General, in quired to file with the Surgeon General tions which were the basis of the denial matters involving the safety, purity and the name and address of any representa­ have been corrected. An inspection of potency of licensed products or products tive or representatives authorized by the each licensed establishment shall be made for which an application for license is establishment to distribute the product, at least once each year. Inspections may pending, the reports of inspection and and such representative or representa­ be made with or without notice, and shall laboratory examinations, together with tives shall keep such records of Such dis­ be made during regular business hours any pertinent data the establishment tribution as are required of domestic unless otherwise directed. may submit, shall be passed upon by a licensed establishments, and failure to special board of three officers appointed maintain such records shall constitute 22.32 Duties of inspector. The in­ by the Surgeon General for that pur­ ground for revocation of license. spector shall: pose. The board shall report its find­ (a) Call upon the active head of the ings to the Surgeon General who will § 22.22 Form of license. Licenses for establishment, stating the object of his forward its report, together with his establishments located in foreign coun­ visit, findings and recommendations, to the tries shall be in form similar to that for (b) Interrogate the proprietor or other domestic establishments except that personnel of the establishment as he may Administrator. they shall authorize preparation for deem necessary, § 22.12 Opportunity for hearing. Any sending, carrying, or bringing for sale, (c) Examine the details of location, manufacturer whose application for a barter or exchange from the foreign construction, equipment and mainte­ license has been denied, or whose estab­ country designated in the license into nance, including stables, barns, ware­ lishment or product license has been any State or possession of the United houses, production laboratories, bleeding summarily suspended, without prior op-, States and shall specify that it is issued clinics maintained for the collection of portunity for hearing, may appeal from upon the Condition that the licensee human blood, shipping * rooms, record such denial or suspension and shall be will permit the inspection during all rooms, and any other structure or appli­ entitled to a hearing thereon before a reasonable hours of the establishment by ance used in any part of the propaga­ review body constituted as provided in any officer, agent, or employee of the tion, manufacture, and preparation of a § 22.11. The Surgeon General, upon re­ Federal Security Agency authorized by product, view of the record, may affirm, reverse, the Federal Security Administrator for (d) Investigate as fully as he deems or modify the findings of the review such purpose. necessary the methods of propagation, board, or may direct the taking of further § 22.23 Smallpox vaccine; importa­ processing, testing, storing, dispensing, testimony, and shall forward his deter­ tion prohibited. The importation of recording, or other details of manufac­ minations and recommendations to the smallpox vaccine into any State or ture and distribution of each licensed Administrator. possession from any foreign country is product, or product for which a license § 22.13 Suspension and revocation: prohibited except that smallpox vaccine has been requested, including observation publication. Notice of suspension or may be sent from any foreign country, of these processes in actual operation, revocation of license, with statement of in containers indicating plainly the lim­ (e) Obtain and cause to be sent to the cause therefor, may be published by the ited purpose intended, to the Institute Institute adequate samples for the ex­ Administrator. amination of any product or ingredient for test or research purposes or for used in its preparation, § 22.14 Reissuance. An establishment vaccine production. (Sec. 361, 58 Stat. (f ) Bring to the attention of the man­ license, previously revoked or suspended 702; 42 U. S. C., Sup. 262) ufacturer any f aultpbserved in the course may be reissued or reinstated upon in­ § 22.24 Samples to accompany each of- inspection in location, construction, spection of the establishment, or upon importation. Each foreign importation production methods, or administration examination of the product showing of a biologic product or trivalent organic of a licensed establishment which might that the reasons for revocation or sus­ arsenical from a licensed establishment, lead to impairment of a product, pension have been corrected, except that whether or not intended for investiga­ (g) Inspect and copy, as circumstances in case of a product license revoked upon tional use only, shall be accompanied by may require, any records required to be application or because of failure to meet at least two final containers of each lot kept pursuant to § 23.36, changes in standards prescribed by of any biologic product and by at least (h) Certify as to the condition of the amendment to the regulations in this 15 final containers of each lot of any establishment and of the production part after the issuance of such license, trivalent organic arsenical contained in methods followed and make recommen­ only such inspection and examination as the shipment. Such samples shall be dations as to action deemed appropriate may be considered advisable by the In­ forwarded by the collector of customs at with respect to any application for license stitute shall be required. the port of entry to the Institute for ex­ or any license previously issued. amination. If separate samples are not foreign establishments and products found accompanying the shipment, ESTABLISHMENT STANDARDS § 22.20 Licenses required; products samples shall be obtained from the ship­ § 22.35 Responsible head. A respon­ for controlled investigation only. Any ment by' the collector of customs and sible person shall be in permanent and biologic or trivalent organic arsenical forwarded to the Institute. (Sec. 801, full control of the establishment in all propagated or manufactured and pre­ 52 Stat. 1058; 21 U. S. C. 381) matters relating to the manufacture of pared in any foreign country and in­ products. A responsible person is one tended for sale, barter or exchange shall ESTABLISHMENT INSPECTION who has been trained in the manufac­ be refused entry by collectors of customs § 22.30 Inspectors. Inspections shall turing techniques employed and tpe unless produced in an establishment be made by an officer of the Public Health fundamental scientific facts upon which holding an unsuspended and unrevoked Service having special knowledge of the the manufacture of products rests, who establishment license and license for the methods used in the production and con­ is capable of enforcing discipline among No. 14------2 414 RULES AND REGULATIONS

the employees under his supervision, and only through an entrance independent which may be infected with glanders, to whom sufficient authority has been of the remainder of the building. All and those of the bovine genus which delegated for such purpose. containers used shall be permanently may be infected with tuberculosis. marked so as to avoid the possibility of (b) Immunization against tetanus. § 22.36 Records, samples, cultures— contamination of products. All horses used in the production of (à) Production and distribution records. (b) Work of a diagnostic nature. biologic products, except those which are Records shall be kept, with dates, of the Laboratory procedures of a climcal diag­ under'active immunization for the pro­ various steps in the manufacture, test­ nostic nature involving possibly con­ duction of tetanus antitoxin, shall re­ ing, disposition, and distribution of each taminated materials shall be in space set ceive injections of tetanus toxoid in such lot, so that at any time these steps as apart from that used for the production amounts and at such intervals as expe­ regards any lot number may be traced of licensed products, except that pro­ rience has shown adequate to insure by an inspector. The records shall be duction space which is used only occa­ immunity to tetanus. retained, for such interval beyond the sionally may be used for diagnostic work (c) Disposal of used animals. No ani­ expiration date as is considered neces­ provided spore-bearing pathogenic mi­ mal used for production or testing of sary for the individual product to permit cro-organisms are not involved and pro­ products shall be removed from the the return of any clinical report of un­ vided the space is thoroughly cleaned premises while it is capable of trans­ favorable reactions. This interval will before production is resumed. - mitting disease. An animal which is un­ vary with the type of product and its geo­ (c) Laboratory and bleeding rooms. suitable because of its physical condi­ graphic distribution. A minimum of 6 * Laboratory rooms for the production of tion for the production or testing of a months after the expiration date with 5 licensed products, including the bleeding product shall not be removed from the years as the extreme interval under all rooms and other places where cleanli­ premises alive except for the purpose of circumstances is considered adequate. ness is essential, shall be efficiently being utilized for animal by-products. Records of distribution of each lot shall screened and kept free of flies and other No animal shall be allowed to continue in any event be kept as long as the lot insects or vermin. Building construc­ to live unnecessarily when to do so would remains the property of the licensed tion shall be such as to insure freedom be an inhumane act. manufacturer. from dust, smoke and deleterious or ob­ (d) Reporting of certain diseases re­ (b) Records of recall. Complete rec­ noxious odors in the laboratory and quired. In case of actual or suspected ords shall be maintained pertaining to bleeding rooms and such as to permit infection with foot and mouth disease, the recall from distribution of any prod­ thorough cleaning and, when necessary, glanders, tetanus, anthrax, gas gan­ uct upon notification from the Institute chemical disinfection of bleeding rooms grene, equine infectious anemia, or equine of failure to conform with the standards and rooms for smallpox vaccine animals. encephalomyelitis among animals in­ prescribed in the regulations in this part, (d) Stables. Stables shall be well tended for use or used for the production deterioration of the product or any other lighted and 'well ventilated, and the of biologic products, the manufacturer factor by reason of which the distribu­ floors shall be so constructed and cared shall immediately notify the Institute. tion of the product would constitute a for as to insure cleanliness. (e) Smallpox vaccine production ani­ danger to health. (e) Sterilization. Sterilization equip­ mals. Animals used for propagation of (c) Sterilization records. Records in­ ment and methods used shall be such as smallpox vaccine shall be thoroughly cluding the date„duration, and tempera­ to insure the complete destruction of cleaned with soap and water at the be­ ture of each sterilization shall be made contaminating, living organisms, includ­ ginning of the quarantine and at its con­ by means of automatic registering de­ ing living spores. The containers, filling clusion. No area of the animal shall be vices or under a system of recording apparatus, and other pieces of apparatus vaccinated which is liable to be contami­ which gives reasonable assurance of the or materials which may come in contact nated by feces. accuracy and reliability of the record. with biologic products during manufac­ (f) Treatment of vaccinated animals.. (d) Animal necropsy records. A ne­ ture shall be scrupulously clean. Such Preliminary to taking smallpox vaccine cropsy record shall be kept on each ani­ equipment shall be absolutely sterile un­ material from vaccinated animals, such mal from which a biologic product has less the product is prqtected by subse­ animals shall be killed or rendered in­ been obtained and which dies or is killed quent sterilizing treatment. sensible to pain. because of disease while employed in pro­ (f ) Containers used in production. All (g) Restriction on attendants. Per­ duction of a product. containers used in preparation of biologic sonnel while caring for smallpox vaccine (e) Retention of reference samples. products shall be of such construction as animals shall be excluded from horse Reference samples from each lot shall will readily permit inspection for stables and paddocks and from contact be retained by the manufacturer until cleanliness. with horses. the entire lot has become outdated and (g) Hot water available. Hot water for 6 months thereafter. Exceptions shall be provided in bleeding rooms and § 22.39 Human blood donors. Only may be authorized by the Institute when stables for smallpox vaccine animals. those persons may serve as a source of the lot yields relatively few final con­ (h) Disposal of manure. No manure the whole blood for use in preparing a tainers and when such lots are prepared shall be so stored as to permit the breed­ licensed product whose physical condi­ by the same method in large numbers ing of flies on the premises nor shall the tion is such that the withdrawal of the and in close succession. establishment be located in close prox­ desired amount of blood will not endan­ (f) Cultures. Cultures and other imity to off-property manure storage ger their health and who are certified by materials while used in the production capable of engendering fly breeding. a qualified doctor of medicine as being of licensed products shall be labeled and (i) Isolation of hog cholera produc­ free of disease transmissible by blood preserved in a safe and orderly manner. tion. All personnel, animals and equip­ transfusion as far as can be determined (g) Records in case of divided manu­ ment used in the production of hog chol­ from the donor’s personal history, from facturing responsibility. If two or more era serum shall be kept entirely separate physical examination and such clinical establishments participate in the manu­ from personnelt animals, and materials tests as appear necessary for each donor facture of a product, the records of both on the day upon which the blood is with­ used in the production of biologic prod­ drawn from the donor, except that this establishments must show plainly the ucts for human use. degree of responsibility of each in the requirement may be modified by the In­ manufacturing process. § 22.38 Animals used in production— stitute if the licensed product is processed (a) Quarantine and care. Animals used by a method which insures the destruc­ § 22.37 Physical establishment; con­ in production of biologic products shall tion or complete removal of the causa­ struction, equipment and care—(a) be kept under competent daily inspec­ tive agent of such disease. Work with spore-bearing organisms. tion and preliminary quarantine for a All work with spore-bearing micro-or­ period of at least 7 days before use. Only STANDARDS FOR PRODUCTSLABELS ganisms shall be carried out in (1) an healthy animals free from communi­ § 22.50 Container labels. The follow­ entirely separate building with its own cable disease shall be used for production ing items shall appear on the label af­ entrance, or (2) a portion of a building purposes and at all times shall be ade­ fixed to each container of a product used for the manufacture of other prod­ quately housed, fed, and humanely capable of bearing a full label: ucts constructed in such a manner as to treated. Particular care shall be taken (a) The proper name of the product; be completely walled-off so that admis­ during the quarantine period to elimi­ (b) Name, address, and license num­ sion to the special unit may be gained nate those animals of the equine genus ber of manufacturer; Tuesday, January 21, 1947 FEDERAL REGISTER 415 (c) Lot number; § 22.53 Divided manufacturing re­ § 22.73 Total solids in serums. Ex­ (d) The expiration date. sponsibility to be shown. If two or more cept as otherwise provided by regula­ If the final container is capable of establishments participate in the manu­ tion, no liquid serum or antitoxin shall bearing only a partial label, th e, final facturing process, the name, address, contain more than 20 percent total solids. container shall show as a minimum the and license number of each must ap­ name (expressed either as thé proper or pear on the label of the final container, § 22:74 Permissible combinations. Li­ common name), the lot number, and the if capable of bearing a full label, and censed products may not be combined name of the manufacturer and, if the on the outside label. . with other licensed products, either final container is incapable of bearing therapeutic, prophylactic or diagnostic, any label, the items shall appear only on § 22.54 Name of selling agent or dis­ except as a license is obtained for the the outside label. tributor. The name and address of the combined product. Licensed products If the final container is a multiple dose selling agent or distributor of a product may not be combined with nonlicensable container, the container label must indi­ may appear on the label under the desig­ therapeutic, prophylactic, or diagnostic cate the recommended dose. When the nation of “selling agent” or “distributor” substances except as a license is ob­ provided that the name and address of tained for such combination. label has been affixed to the container a the manufacturer is given precedence in sufficient area of the container must re­ prominence. § 22.75 Container and closure. Glass main uncovered for its full length or.cir­ used in the container of a licensed prod­ cumference to permit inspection of the § 22.55 Products for export. Labels uct intended for administration by in­ contents. on packages or containers of products jection shall be colorless and fully trans­ § 22.51 Proper name on outside label. for export may be adapted to meet spe­ parent. The quality of the glass and of The proper name in the form designated cific requirements of the regulations of the closure used shall be such as will not in the product license for such purpose the country to which the product is to hasten the deterioration of the licensed must appear upon the outside label in be exported provided that in all such product or render it less suitable for the cases the minimum label requirements use intended within the dating period. legible type and shall be given precedence prescribed in § 22.50 are observed. in position and prominence over any § 22.76 Standard units or samples. trade-mark or trade name used: STANDARDS FOR PRODUCTS:. GENERAL Standard units or samples for compari­ (a) The “outside label” is the label of § 22.70 Tests prior to release.—(a) son made available by the Institute shall the carton enclosing one or more final Required for each lot. No lot of any be applied in testing for potency all forms containers, except that if no such carton licensed product shall be released by the of diphtheria antitoxin, tetanus anti­ is used the label of the individual final manufacturer prior to the completion of toxin, botulism antitoxin Type A, botul­ container is regarded as the outside label. tests for conformity with the standards ism antitoxin Type B, perfringens anti­ (b) “Legible type” includes only type applicable to such product. toxin, scarlet fever streptococcus anti­ of a size and character which can be read lb) Potency. Tests for potency shall toxin, vibrion septique antitoxin, anti- with ease when held in a good light and be made on each lot only after comple­ pneumococcic serum (Types I, II, V, VII, with normal vision. tion of those processes of manufacture and VIII), dysentery antitoxin (Shiga), (c) “Precedence in position” of the which may affect the potency of the final staphylococcus antitoxin, histolyticus proper name will have been observed if product. antitoxin, oedematiens antitoxin, and it is placed above any trade-mark or • (c) Identity and safety. The con­ sordelli antitoxin and other products for trade name and provided it is symmetri­ which such units are available. cally arranged with respect to other tents of a final container of each filling printing on the label. of each lot shall be tested for identity, § 22.77 Standards of potency; partic­ if such a test is available, and for safety ular products. Diphtheria antitoxin (d) “Precedence in prominence” of the either after the labels have been affixed proper name will have been observed if shall have a potency of not less than 500 to the final container or affixed, both units per milliliter. Tetanus antitoxin the style of type is of the same or greater outside and inside, to the multiple con­ point size and of equal face, or heavier, shall have a potency of not less than '400 tainer storage receptacle just prior to its units per milliliter. Scarlet fever strep­ than that used in printing the trade­ sealing for storage purposes, except that mark or trade name, and if the contrast tococcus antitoxin shall have a potency in color value between the proper name exceptions to this procedure may be au­ of not less than 400 units per milliliter. thorized by the Institute to apply when Antitoxins dispensed in the dried state and the background is not less than that the volume of the final container is very between the trade-mark or trade ñame shall represent liquid antitoxins of not large and when more than one lot is less than these potencies. and the background. processed each day. § 22.52 Outside la b e l; additional (d) Sterility. Samples from final § 22.78 Dating period; date of manu­ items. The label affixed to the outside containers selected at random after each facture. . The Gating period shall be de­ carton shall include, in addition to the filling from each lot of products shall termined with reference to the date of proper name and the items required on be tested for sterility. manufacture which shall be: the label of the final container, the fol­ (a) For products for which an official § 22.71 Tests: by whom made. Tests standard of potency exists or which are lowing: for safety, purity and potency applicable (a) The preservative used and its con­ subject to official potency tests, the last centration, to the product shall be completed for date of satisfactorily passing a potency (b) The volume of the contents, if a each lot of any licensed product prior to test; liquid, or the weight, if a solid, and the its release by the manufacturer, and (b) For products for which no official potency or dosage if more than one samples of any lot of any licensed prod­ standard of potency exists or which are strength is dispensed, uct may at any time be required to be not subject to official potency tests, (c) The recommended storage tem­ sent to the Institute for examination. (1) The date of removal from the ani­ perature, § 22.72 Ingredients, preservatives, mal in case of animal products; diluents. All ingredients used in a li­ (2) The date of extraction in the case (d) The words “Shake Well,” or equiv­ of products used for specific desensitiza­ alent, when indicated by the character censed product, and any diluent pro­ tion; of the product, vided as an aid in the administration (3) The date of solution in case of (e) The dose and route of adminis­ of the product shall meet generally ac­ venoms, and tration recommended or reference to cepted standards of purity and quality. (4) The date of cessation of growth in such directions in an enclosed circular, Any preservative used shall be suffi­ ciently non-toxic so that the amount case of other products; (f) The source of the product when a present in the recommended dose of the (c) For products which are submitted factor in safe administration, product will not be toxic to the recip­ to the Institute for approval prior to re­ (g) Minimum potency of product ex­ ient, and in the combination used shall lease, the date of official release notice. pressed in terms of official standard of not denature the specific substances in § 22.79 Dating period; products in potency or, if potency is a factor and the product below the minimum accept­ cold storage. The dating period may be no standard of potency has been pre­ able potency within the dating period determined with reference to the period scribed, the words “No U. S. standard when stored at the recommended tem­ of issue from cold storage, Provided, of potency.” perature. That, except as may be otherwise pre- 416 RULES AND REGULATIONS scribed for individual products, the date xster, and as of such date shall super« Form 4-694 of such issue is not more than six months sede all regulations, not heretofore re« United States Department of the I nterior after the date of manufacture and the voked, issued under the authority of the BUREAU OF LAND MANAGEMENT product is kept constantly at a tempera­ act of July 1, 1902 (32 Stat. 728); the ture not exceeding 10° C., or not more regulations contained in §§21.1 to 21.9, District Land Office______than 1 year after the date of manufac­ inclusive, and §§ 22.1 to 22.114, inclusive, Serial No______ture if the product is kept constantly at Title 42, Code of Federal Regulations, COAL PROSPECTING PERMIT a temperature not exceeding 5° C., or not Cum. Supp., are hereby repealed as of Know all men by these -presents, T hat the more than 2 years if the product is kept such date. Director, Bureau of Land Management, constantly at a temperature not exceed­ Issuing authority. Regulations con­ under and hy virtue of the act of Congress ing 0° C. tained" in §§ 22.35-22.39, 22.50-22.55, entitled, “An act to promote the mining of 22.70-22.79, and 22.99-22.96, prescribing coal, phosphate, oil, oil shale, gas, and ADDITIONAL STANDARDS ’. TRIVALENT ORGANIC standards designed to insure the con­ sodium on the public domain,” approved ARSENICALS February 25, 1920 (41 Stat. 437, 30 U. S. C. tinued safety, purity, and potency of sec. 181), has granted and does hereby grant § 22.90 Tests prior to release. Tests products, issued jointly by the Surgeon a permit to ______required to be made, prior to the release General of the Public Health Service, of each lot of a licensed product, shall the Surgeon General of the Army, and of the exclusive right for a period of two be supplemented in the case of the tri- the Surgeon General of the Navy, with years from the date hereof to prospect for valent organic arsenicals by tests for: the approval of the Federal Security Ad­ coal on the following described lands______(a) Stability, ministrator; regulations contained in (b) Solubility, §§ 22.1-22.14, 22.20-22.24, 22.30-22.32, is­ (c) Arsenic content, sued by the Surgeon General of the Pub­ but for no other purpose, under the pro­ (d) Moisture, lic Health Service, with the approval of visions of said act and upon the following (e) Relative non-toxicity. the Federal Security Administrator. express conditions, to-w it ______[ seal] N . T . K ir k , § 22.91 Pre-testing by Institute; 1. To begin prospecting work within 90 samples of each lot. - Prior to the release Surgeon General of the Army. days from date hereof and to diligently pros­ of any lot of the product, the manufac­ C. A. S w a n so n , ecute the same during the period of such turer shall forward to the Institute no Surgeon General of the Navy. permit in accordance with the following less than 15 ampoules of the largest sin­ J am es A. C rabtree, plan: gle-dose size in such lot, together with Surgeon General of the Public 2. To remove from said premises only such Health Service. coal or other material as may be necessary protocols showing the results of each test to prospecting work, and to keep a record of required prior to release. Approved: January 16,1947. all coal mined and disposed of, payment of § 22.92 Expiration date. Notification royalty thereon of 25 cents per ton of 2,000 M aurice C o l l in s, pounds to be made to the Manager of the from the Institute that lot samples for­ Acting Federal Security Admin­ district land office not later than during the warded in accordance with § 22.91 have istrator. calendar month succeeding that during satisfactorily passed prescribed tests which such coal was disposed of. shall indicate a date which may be taken [F. R. Doc. 47-573; Filed, . Jan. 20, 1947; 3. To afford all facilities for inspection of as the date of manufacture for the pur­ 8:48 a. m.] the prospecting work on behalf of the Sec­ pose of fixing the expiration date. The retary of the Interior, and to make a report date of issue shall be the same as the on demand of all matters pertaining to the TITLE 43— PUBLIC LANDS: character, progress, and results of such work. date of manufacture. 4. To observe such conditions as to the use § 22.93 Composition of product. So­ INTERIOR and occupancy of the surface of the lands lutions or solutions of mixtures in the as provided by law, in case any of said lands concentrations recommended for clinical Chapter I— Bureau of Land Manage­ shall have been or may be entered or pat­ administration shall be of such hydrogen ment, Department of the Interior ented with a reservation of the coal deposits ion value and tonicity as to be physiologi­ to the United States. P art 162—L is t o f O rders C reating and 5. To abide by and conform to any and all cally compatible with human blood. M o d ify in g G razing D istricts reasonable iegulations of the Secretary of § 22.94 Container. The product shall the Interior now or hereafter in force, all of MONTANA, ARIZONA, NEVADA AND WYOMING which regulations are made a part and con­ be hermetically sealed under vacuum or dition of this permit: Provided, That such under a dry non-oxidizing gas in am­ Cross R eference: For orders affecting regulations are not inconsistent with any poules prepared from glasfe of the quality the tabulation contained in § 162.1, see express and specific provisions hereof. prescribed in § 22.75. 'Public Land Order 341 under this title 6. That the permittee shall not assign this revoking the withdrawal of certain lands permit or any interest therein, whether by § 22.95 Final container label. In ad­ in Montana Grazing District No. 1 for direct assignment, operating agreement, dition to the labeling requirements War Department use, and F. R. Doc. working or royalty interest, or otherwise, stated in § 22.50 the final container label except.with the consent in writing of the of the trivalent organic arsenicals shall 47-537 under Department of the In­ Director, Bureau of Land Management. All bear the .statements required in § 22.96 terior, Bureau of Land Management, in such assignments must be submitted, in (b) and (c) and an additional statement the Notices section, providing for the triplicate, within 90 days from daté of execu­ giving the amount of the drug contained opening of public lands in Arizona tion and must contain all of the terms and in the ampoule. Grazing District No. 3; and F. R. Docs. conditions agreed upon by the parties 47-552 and 47-553 under Department of thereto. If the true consideration is not § 22.96 Outside label. The outside the Interior, Bureau of Reclamation, in stated in the instrument, an accompanying label, in addition to the complete proper affidavit must be submitted stating the con­ the Notices section, withdrawing certain sideration in full. name and all other items required for ' lands in Nevada Grazing Districts Nos. 2 7. To conduct operations under this per­ products generally shall show conspicu­ and 3 and Wyoming Grazing District mit in such a way as not to interfere with ously: (a) If the product is dispensed as No. 1. th£ administration and use of the lands to a mixture or solution, the name of all a greater extent than mav be determined by admixed substances, the Secretary of the Interior to be necessary (b) If the ampoule is a multiple dose for the most beneficial use of the lands in container, the fact that it is a multiple [Circular 1633] case any of the lands described herein are embraced in a forest, reclamation, power, or dose container, P art 193—C oal P erm its, L eases and other withdrawal or is segregated for any (c) Specific method of preparation, if L ic e n se s particular purpose. any, required prior to administration, as, coal prospecting perm its 8. That the permittee shall not discrim­ for example, alkalinization. inate against any employee or applicant for 1. Section 193.26 is revoked and employment because of race, creed, color, or Effective date; prior regulations super­ §§ 193.22, 193.23 ¿nd 193.25 are amended national origin, and shall require an identi­ seded. The regulations in this part to read as follows: cal provision to be included In all sub­ shall be effective with respect to all prod­ contracts. ucts, as herein defined, thirty days after § 193.22 Form of permit. Coal per-, 9. That there is reserved to the United their publication In the F ederal R eg- mits will be issued on form 4-694. S tates (1 ) pursuant to the provisions of the Tuesday, January 21, 1947 FEDERAL REGISTER 417

Act of August 1, 1946 (60 Stat. 755), all 2 of the act of February 25,1920 (41 Stat. Order No. 9337 of April 24, 1943, it is uranium, thorium, or any other materials 438, 80 U. S. C. 201) for a period of 2 Ordered as follows: which are or may be determined to be years. Public Land Order No. 186 of October peculiarly éssential to the production of A permit may be extended if the per­ Jl, 1943, withdrawing public lands for fissionable materials, whether or not of com­ the use of the War Department as an mercial value, together with the right of the mittee has been unable with the exercise United States through its authorized agents of reasonable diligence to determine the auxiliary landing field and as practice or representatives at any time to enter upon existence or workability of the coal bombing ranges, is hereby revoked so far the lands and prospect for, mine, and remove deposits, or for other reasons which may as it affects the hereinafter-described the same; (2) the right to permit for Joint warrant an extension. An application public lands. or several use such easements or rights of for extension may be filed only within The jurisdiction over and use of such way upon, through, or in the lands embraced lands granted to the War Department herein as may be necessary or appropriate to the period beginning 90 days prior to the the working of the same, or of other lands date to which the permit is limited and by Public Land Order No. 186 shall cease containing the deposits described in the act ending 30 days after that date. The upon the signing of this order. There­ of February 25, 1920, supra, and the treat­ application should be filed in the district upon, the jurisdiction over and adminis­ ment and shipment of the products thereof land office having jurisdiction over the tration of such lands shall be vested in by or under authority of the Government, lands involved. If the lands are in a the Department of the Interior and any its lessees, or permittees, and for other public State in which there is no district land other Department or agency of the Fed­ purposes; (3 ) the right to lease, sell, or other­ office, the application should be filed in eral Government according to their re­ wise dispose of the surface of said lands under existing law or laws hereafter enacted in so the Bureau of Land Management. It spective interests, then of record. far as said surface is not necessary for the should show what efforts, if any, the This order shall not otherwise become use of the permittee in prospecting here­ permittee has made to comply with the effective to change the status of such under, and (4) the right and authority to terms of his permit and the reasons for lands until 10:00 a. m. on March 17,1947. cancel this instrument for failure of the failure fully to comply therewith,' such At that time the lands shall, subject to permittee to comply with any of the condi­ showing to »be corroborated, if possible, valid existing rights and the provisions of tions hereof, after 30 days’ notice of the by an affidavit of at least one disinter­ existing withdrawals, become subject to reasons for such cancellation. The granting of this permit will not pre­ ested person having actual knowledge of application, petition, location, or selec­ clude the Issuance bf other permits or leases the facts. The application should also tion as follows: * of the same lands for the mining of other show how much additional time is con­ (a) Ninety-day period for preference- minerals with suitable stipulations as to sidered necessary to complete prospect­ right filings. For a period of 90 days Joint operation, in order that the full devel­ ing work. Extension will be limited to from March 17, 1947 to June 16, 1947, opment of the mineral resources may be such period, not exceeding the 2 years inclusive, the public lands affected by obtained. authorized, as may be determined to be this order shall be subjeet to (1) applica­ Valid existing rights acquired prior hereto on the lands described herein will not be allowable under the circumstances in tion under the homestead or the desert adversely affected hereby. each particular case. Upon failure to land laws, or the small tract act of June An application for extension of this permit file application within the specified pe­ 1,1938 (52 Stat. 609,43 U. S. C. sec. 682a), should be filed only within the period begin­ riod, the permit will be canceled. as amended, by qualified veterans of ning 90 days prior to the date to which the As the permit bond is limited to the World War II, for whose service recog­ permit is limited and ending 30 days after period for which the permit was granted, nition is granted by the act of Septem­ that date. An application for a preference the permittee must file with an applica­ ber 27,1944 (58 Stat. 747, 43 U. S. C. secs. right lease should be filed promptly after discovery of coal within the permit area in tion for extension a properly executed 279-283), subject to the requirements of commercial quantities, but in no event later assent by the surety or sureties on the applicable law, and (2) application under than 30 days after the period for which the bond to the extension of the hond to any applicable public-land law, based on permit is limited; a showing as to such dis­ cover the life of the permit, if extended, prior existing valid settlement rights and covery, however, must be made prior to the or file a new bond. preference rights conferred by existing expiration of the period to which the permit Until the cancellation or termination laws or equitable-claims subject to allow­ is limited. of a coal permit is noted on the records ance and confirmation. Applications by Dated:_____ i______of the district land office or on the rec­ such veterans shall be subject to claims Director, Bureau of Land Management. ords of the Bureau of Land Management of the classes described in subdivision if the lands involved are in a State in (2). § 193.23 Reward for discovery. A which there is no district land office, no (b) Twenty-day advance period for permittee who shows that the land in­ other person will be permitted to gain simultaneous preference-right filings. cluded in his permit contains coal in any right to the same class of deposits For a period of 20 days from February 25, commercial quantities, is entitled to a by the filing of an application therefor. 1947 to March 17, 1947, inclusive, such lease for all or part of the permit lands, veterans and persons claiming prefer­ the area to be taken in compact form, 2. Section 193.26 Expiration of coal ence rights superior to those of such vet­ upon due application and publication of prospecting permits is revoked. erans, may present their applications, notice thereof. Such showing shall be (Sec. 32, 41 Stat. 450; 30 U. S. C. 189) and all such applications, together with made within the period of his permit; those presented at 10:00 a. m. on March and the application for lease should be F red W. J o h n so n , Acting Director. 17, 1947 shall be treated as simultane­ filed in the district land office having ously filed. jurisdiction over the lands involved A pproved: J anuary 14, 1947. (c) Date for non-preference right fil­ promptly after discovery, but in no event ings authorized by the public-land laws. later than 30 days after the period for C. G irard D avidson, Commencing at 10:00 a. m. on June 17, which the permit is limited. If the lands Assistant Secretary of the Interior. 1947 any of thq lands remaining unap­ are in a State in which there is no dis­ propriated shall become subject to such trict land office, the application should [F. R. Doc. 47-542; Filed, Jan. 20, 1947; application, petition, location, or selec­ be filed in the Bureau of Land Manage­ 8:46 a. m.] tion by the public generally as may be ment. It should describe the lands de­ authorized by the public-land laws. sired and set forth fully and in detail (d) Twenty-day advance period for si­ the extent and mode of occurrence of Appendix— Public Land Orders multaneous non-preference right filings. the coal deposits as disclosed by the Applications by^the general public- may prospecting work performed under the [Public Land Order 840] be presented during the 20-day period permit. Such leases will be granted N e w M exico from May 28,1947 to June 17,1947, inclu­ without competitive bidding, at such sive, and all such applications, together rental and royalty rates as may be fixed REVOKING IN PART PUBLIC LAND ORDER 186 with those presented at 10:00 a. m. on by the Secretary of the Interior. OF OCTOBER 11, 1943, WITHDRAWING PUB­ June 17, 1947 shall be treated as simul­ § 193.25 Extension of permits. By LIC LANDS FOR USE OF WAR DEPARTMENT taneously filed. the act approved March 9,1925 (45 Stat. AS AN AUXILIARY LANDING FIELD AND AS Veterans shall accompany their appli­ 251,30 U. S. C. 201a, 201b), the Secretary PRACTICE BOMBING RANGES cations with certified copies of their cer­ of the Interior may extend any coal By virtue of the authority vested in tificates of discharge, or other satisfac­ prospecting permit issued under section the President and pursuant to Executive tory evidence of their military or naval \ j> '

418 RULES AND REGULATIONS service. Persons asserting preference cording to their respective interests then be governed by the regulations contained rights, through settlement or otherwise, of record. in Parts 166 to 170, inclusive, of Title 43 and those having equitable claims, shall This order shall not otherwise become of the Code of Federal Regulations and accompany their applications by duly effective to change the status of such applications under the desert land laws corroborated affidavits in support there­ lands until 10:00 a. m. on March 17,1947. and the small tract act of June 1, 1938, of, setting, forth in detail all facts rele­ At that time the lands shall, subject to shall be governed by the regulations con­ vant to their claims. valid existing rights and the provisions of tained in Parts 232 and 257, respectively, Applications for these lands, which existing'withdrawals, become subject to of that title. shall be filed in the District Land Office, application, petition, location, or selec­ Inquiries concerning these lands shall Las Cruces, New Mexico, shall be acted tion as follows: be addressed to the District Land Office, upon in accordance with the regulations (a) Ninety-day period!for preference- Great Falls, Montana. contained in § 295.8 of Title 43 of the right filings. For a period of 90 days from The lands affected by this order are de­ Code of Federal Regulations (Circular March 17,1947 to June 17,1947 inclusive, scribed as follows: No. 324, May 22, 1914, 43 L. D. 254), and the public lands affected by this order Principal Meridian Part 296 o f that title, to the extent that shall be subject to (1) application under T. 25 N., R. 38 E., such regulations are applicable. Appli­ the homestead or the desert land laws, or sec. l, sy2; cations under the homestead laws shall the small tract act of June 1, 1938 (52 Sec. 2, Sy2; be governed by the regulations contained Stat. 609, 43 U. S. C. sec. 682a), as Secs. 11 and 12; * in Parts 166 to 170, inclusive, of Title 43 amended, by qualified veterans of World Sec. la, N»/2; of the Code of Federal Regulations and War II, for whose service recognition is- Sec. 14, Ny2. applications under the desert land laws granted by the act of September 27,1944 The area described aggregates 2,560 acres. and the small tract act of June 1, 1938, (58 Stat. 747, 43 U. S. C. secs. 279-283), shall be governed by the regulations con­ subject to the requirements of applicable The lands are in Montana Grazing Dis­ tained in Parts 232 and 257, respectively, law, and (2) application under any ap­ trict No. 1, and are located in Valley of that title. plicable public-land law, based on prior County, Montana, near Willow Creek, Inquiries concerning these lands shall existing valid settlement rights and within one mile of the county road to be addressed to the District Land Office, preference rights conferred by existing Fort Peck, about 17 miles to the east. Las Cruces, New Mexico. laws or equitable claims subject to allow­ Available information indicated that they The lands affected by this order are de­ ance and confirmation. Applications by are nontillable grazing lands. scribed as follows: such veterans shall be subject to claims C. G irard D avidson, New Mexico P rincipal Meridian of the classes described in subdivision Assistant Secretary of the Interior. (2). T. 20 S., R. 24 E., sec. 4. (b) Twenty-day advance period for J anuary 13, 1947. T. 24 S., R. 27 E., sec. 24, NE%." simultaneous preference-right filings. [F. R. Doc. 47-539; Filed, Jan. 20, 1947; T. 20 S., R. 29 E., sec. 21. For a period of 20 days from February 8:47 a. m.] T. 25 S., R. 30 E., sec. 18. 25,1947 to March 17,1947, inclusive, such The areas described aggregate 2,081.82 acres. veterans and persons claiming prefer­ These public lands are located in the ence rights superior to those of such central and southerly part of Eddy veterans, may present their applications, [Public Land Order 842] County, New Mexico, in a typical desert and all such applications, together with C alifornia area, level to rolling in topography, at an those presented at 10:00 a. m. on March elevation of approximately 3,000 feet. 17, 1947 shall be treated as simultane­ REVOKING PUBLIC LAND ORDER 1 OF JUNE 2 0 , ously filed. 1942, WITHDRAWING PUBLIC LANDS FOR C. G irard D avidson, (c) Date for non-preference right fil­ USE OF WAR DEPARTMENT FOR CAMP1 SITES Assistant Secretary of the Interior. ings authorized by the public-land laws. AND MANEUVER PURPOSES J anuary 13, 1947. Commencing at 10:00 a. m. on June 17, By virtue of the authority vested in the [P. R. Doc. 47-538; Piled, Jan. 20, 1947; 1947 any of the lands remaining unap­ President and pursuant to Executive Or­ 8:47 a. m.] propriated shall become subject to such der No. 9337 of April 24, 1943, it is or­ application, petition, location, or selec­ dered as follows: tion by .the public generally as may be Public Land Order No. 1 of June 20, authorized by the public-land laws. 1942, as amended by Executive Order No. (d) Twenty-day advance period for 9526 of February 28, 1945, withdrawing [Public Land Order 341] simultaneous non-preference right fil­ the public lands in the areas hereinafter M ontana ings. Applications by the general public described, for the use of the War Depart­ may be presented during the 20-day ment for camp sites and maneuver pur­ REVOKING PUBLIC LAND ORDER 9 0 OP FEBRU­ period from May 28, 1947 to June 17, poses, is hereby revoked. ARY 10, 1943, WITHDRAWING PUBLIC 1947, inclusive, and all such applications, The jurisdiction over and use of such LANDS FOR USE OF WAR DEPARTMENT FOR together with those presented at 10:00 lands granted to the War Department AVIATION PURPOSES a. m. on June 17,1947 shall be treated as by Public Land Order No. 1 shall cease By virtue of the authority vested in simultaneously filed. upon the date of the signing of this order. the President and pursuant to Executive Veterans shall accompany their ap­ Iliereupon, the jurisdiction over and ad­ Order No. 9337 of April 24, 1943, it is plications with certified copies of their ministration of such lands shall be vested ordered as follows: certificates of discharge, or other satis­ in the Department of the Interior and Public Land Order No. 90 of February factory evidence of their military or any other Department or agency of the 10, 1943, as amended by Executive Order naval service. Persons asserting prefer­ Federal Government according to their No. 9526 of February 28,1945, withdraw­ ence rights, through settlementor other­ respective interests then of record, ing public lands for the use of the War wise, and those having equitable claims, This order shall not otherwise become Department for aviation purposes, which shall accompany their applications by effective to change the status of such was revoked in part by Public Land Or­ duly corroborated affidavits in support lands until 10:00 a. m. on March 17,1947. der No. 214 of March 13, 1944, is hereby thereof, setting forth in detail all facts At that time the lands shall, subject revoked as to the remaining lands de­ relevant to their claims. to valid existing rights and the provi­ scribed hereinafter. 0 Applications for these lands, which sions of existing withdrawals, become The jurisdiction over and use of such shall be filed in the District Land Office, subject to application, petition, location, lands granted to the War Department Great Falls, Montana, shall be acted or selection as follows: by Public Land Order No. 90 shall cease upon in accordance with the regulations (a) Ninety-day period for preference- upon the date of the signing of this contained in § 295.8 of Title 43 of the right filings. For a period of 90 days order. Thereupon, the jurisdiction over Code of Federal Regulations (Circular from March 17, 1947, to June 16, 1947, and administration of such lands shall No. 324, May 22, 1914, 43 L. D. 254), and inclusive, the public lands affected by be vested in the Department of the In­ Part 296 of that title, to the extent that this order shall be subject to (1) appli­ terior anti any other department or such regulations are applicable. Appli­ cation under the homestead or the desert agency of the Federal Government, ac- cations under the homestead laws shall land laws, or the small tract act of June Tuesday, January 21, 1947 FEDERAL REGISTER 419

1,1938 (52 Stat. 609,43 U. S. C. sec. 682a), 43 of the Code of Federal Regulations and Chapter II— Bureau of Reclamation, as amended, by qualified veterans of applications under the desert land laws World War II, for whose service recog­ and the small tract act of June 1, 1938, Department of the Interior nition is granted by the act of September shall be governed by the regulations con« P art 402—A n n u a l W ater Charges 27, 1944 (58 Stat. 747, 43 U. S. C. secs. tabled in Parts 232 and 257, respectively, 279-283), subject to the requirements of of that title. C ro ss R efer en c e: For an addition to applicable law, and (2) application un­ Inquiries concerning these lands shall the tabulation contained in § 402.2, see der any applicable public-land law, based be addressed to the District Land Office, F. R. Doc. 47-551, under Department of on prior existing valid settlement rights Los Angeles, California. the Interior, Bureau of Reclamation, in and preference rights conferred by ex­ The lands affected by this order are Notices section, infra. isting laws or equitable claims subject to described as follows: allowance and confirmation. Applica­ The public lands in the following-de­ tions by such veterans shall be subject scribed areas: TITLE 49— TRANSPORTATION to claims of the classes described in sub­ S a n B e r n a r d in o M e r i d i a n division (2). AND RAILROADS (b) Twenty-day advance -period for si- * T. 6 S., R. 10 E., Sec. 8, 14, 18, 20, 22, and 24. multaneous preference-right filings. For Chapter I— Interstate Commerce a period of 20 days from February. 25, T. 6 S., R. 11 E., Sec. 14; Commission 1947 to March 17, 1947, inclusive, such Sec. 18, lots 1 to 12, Inclusive, and SE1^; % veterans and persons claiming prefer­ Secs. 20, 22, and 24. Subchapfer A— General Rules ,and Regulations ence rights superior to those of such vet­ T. 6 S., R. 12 E„ erans, may present their applications, Secs. 18, 20, 22, 28, and 30. P art 95—Car S ervice and all such applications, together with T. 5 S., R. 15 E., Sec. 2, lots 1 and 2 of NW% and SW^; [S. O. 647-B] those presented at 10:00 a. m. on March Secs. 3 to 10, inclusive; 17, 1947 shall be treated as simultane­ Sec. 11, Ni/2 and SW&; PRIORITY FOR WHEAT IN PACIFIC NORTHWEST ously filed. Sec. 15, Ny2; (c) Date for non-preference right fil­ Secs. 17 and 18; At a session of the Interstate Com­ ings authorized by the public-land laws. Sec. 19, lots 1 and 2 of NW*4 and E lA', merce Commission, Division 3, held at its Commencing at 10:00 a. m. on June 17, Secs. 20, 21, 28, 29, 30, 32, 34, and 35, partly office in Washington, D. C., on the 15th 1947 any of the lands remaining unap­ unsurveyed. day of January A. D. 1947.' T. 1 S., R. 17 E., propriated shall become subject to such Secs. 6, 7, 13, 14, 18, 19, and 20, partly u n ­ Upon further consideration of Revised application, petition, location, or selec­ surveyed; Service Order No. 647 (12 F. R. 104), and tion by the public generally as may be Sec. 29, Ni/2SWy4 ; good cause appearing therefor, It is authorized by the public-land laws. Secs. 30 and 31; or deredrThat: (d) Twenty-day advance period for Sec. 32, W ^NW 1/*. Revised Service Order No. 647 (codi­ simultaneous non-preference right fil­ T. 2 S., R. 18 E., ings. Applications by the general pub­ Secs. 1 to 12, inclusive, partly unsurveyed. fied as 49 CFR § 95.647), Box cars to be lic may be presented during the 20-day T. 1 N., R. 18 E., x used for loading, export wheat, be, and it period from May 28, 1947 to June 17, Secs. 1 to 18, secs. 21 to 28, and secs. 33 . is hereby, suspended. ✓ . to 36, inclusive, unsurveyed. It is further ordered, That this order 1947, inclusive, and all such applica­ T. 7 N., R. 22 E., tions, together with those" pmsentfcd at T. 8 N., R. 22 E., shall become effective at 11:59 p. m., 10:00 a. m. on June 17, 19t < shall be Secs. 3, 4, secs. 7 to 10, and secs. 13 to January 15, 1947; that a copy of this treated as simultaneously filed. 36, inclusive. order and direction be served upon the Veterans shall accompany their appli­ T. 7 N., R. 23 E., State railroad regulatory bodies of the cations with certified copies of their Secs. 5 to 8, secs. 17 to 20, inclusive, an£ secs. 30 and 31. States of Oregon, Washington, Idaho certificates of discharge, or other satis­ T. 9 N., R. 23 E., and Montana, and upon the Association factory evidence of their military or Sec. 31; of American Railroads, Car Service Di­ naval service. Persons asserting prefer­ Sec. 82, S&. vision, as agent of the railroads sub­ ence rights, through settlement or other­ scribing to the car service and per diem wise, and those having equitable claims, The areas described, including both public and non-public lands, aggregate 105,901.27 agreement under the terms of that shall accompany their applications by acres. duly corroborated affidavits in support agreement; and that notice of this order thereof, setting forth in detail all facts Available information indicates that be given to the general public by deposit­ relevant to their claims. the lands are desert in character, gen­ ing a copy in the office of the Secretary Applications for these lands, which erally rolling to mountainous, and em­ of the Commission at Washington, D. C., shall be filed in the District Land Office, brace some fairly level areas such as the and by filing it with the Director, Divi­ Los Angeles, California, shall be acted dry bed of Danby Labe in T. 1 N., R. 18 sion of the Federal Register. E. The lands are located in Riverside upon in accordance with the regulations and San Bernardino Counties, and are (40 Stat. 101, sec. 402, 418, 41 Stat. 476, contained in § 295.8 of Title 43 of the acccessible to U. S. Highway No. 60 and 485, secs. 4, 10, 54 Stat. 901, 912; 49 Code of Federal Regulations (Circular to several county roads. UTS. C. 1 (10)-(17), 15 (4)) No. 324, May 22, 1914, 43 L. D. 254), and By the Commission, Division 3. Part 296 of that title, to the extent that C. G irard D avidson, such regulations are applicable. Appli­ Assistant Secretary of the Interior. [seal] W. P . B artel, cations upder the homestead laws shall J anuary 13, 1947. * Secretary. be governed by the regulations contained [F. R. Doo. 47-540; Piled, Jan. 20, 1947» [P. R. Doc. 47-543; Piled, Jan. 20, 1947; in Parts 166 to 170, inclusive, of Title 8:47 a. m .] 8:48 a. m.] /

420 - FEDERAL REGISTER

NOTICES

DEPARTMENT OF THE INTERIOR tory evidence of their military or naval This order shall not otherwise become service. Persons asserting preference effective to change the status of such Bureau of Land Management rights, through settlement or otherwise, lands until 10:00 a. m. on March 17,1947. [Misc. 2131613] and those having equitable claims, shall At that time the lands shEdl, subject accompany their applications by duly ' to valid existing rights and the provi­ A rizona corroborated affidavits in support there­ sions of existing withdrawals, become ORDER PROVIDING FOR ^OPENING OF of, setting forth in detail all facts rele­ subject to application, petition, location, PUBLIC LANDS vant to their claims. or selection as follows: Applications for these lands, which (a) Ninety-day period for preference- J anuary 9,1947, shall be filed in the District Land Office right filings. For a period of 90 days In an exchange of lands made under at Phoenix, Arizona, shall be acted upon from March 17, 1947 to June 16, 1947, the provisions of section 8 of the act of in accordance with the regulations con­ inclusive, the public lands affected by June 28,1934 (48 Stat. 1269), as amended tained in § 295.8 of Title 43 of the Code this order shall be subject to (1) appli­ June 26, 1936 (49 Stat. 1976; 43 U. S. C. of Federal Regulations (Circular No. 324, cation under the homestead or the 315g), the lands hereinafter described |Jay 22,1914, 43 L. D. 254), and Part 296 desert land laws, or the small tract act have been reconveyed to the United of that title, to the extent that such of June 1, 1938 (52 Stat. 609, 43 U. S. C. States. regulations are applicable. Applications sec. 682a), as amended, by qualified At 10:00 a. m. on March 13, 1947 the under the homestead laws shall be gov­ veterans of World War n , for whose lands shall, subject to valid existing erned by the regulations contained in service recognition is granted by the act rights and the provisions of existing Parts 166 to 170, inclusive, of Title 43 of of September 27, 1944 (58 Stat. 747, withdrawals, become subject to applica­ the Code of Federal Regulations and ap­ 43 U. S. C. secs. 279-283), subject to the tion, petition, location, or selection as plications under the desert land laws requirements of applicable law, and (2) follows: and the small tract act of June 1, 1938, application under any applicable public- (a) Ninety-day period for preference- shall be governed by the regulations con­ land law, based on prior existing valid right filings. For a period of 90 days tained in Parts 232 and 257, respectively, settlement rights and preference rights from March 14, 1947 to June 11, 1947, of that title. conferred by existing laws or equitable inclusive, the public lands affected by Inquiries concerning these lands shall claims subject to allowance and confir­ this order shall be subject to (1) applica­ be addressed to the District Land Office mation. Applications by such veterans tion under the homestead or the desert at Phoenix, Arizona. shall be subject to claims of the classes land laws, or the small tract act of June The lands affected by this order are described in subdivision "(2). 1, 1938 (52 Stat. 609, 43 U. S. C. sec. described as follows: (b) Twenty-day advance period for 628a), as amended, by qualified veterans Gila and Salt R iver Meridian simultaneous preference-right filings. of World War n , for whose service rec­ For a period of 20 days from February ognition is granted by the act of Sep­ T. 6 N., R. 11 W., sec. 3, S&, S%NW}4, 25,1947 to March 17,1947, inclusive, such tember 27, 1944 (58 Stat. 747, 43 U. S. C. NEi4NW%, and NE14; sec. 4; veterans and persons claiming prefer­ secs. 279-283), subject to the require­ T. 6 N„ R. 12 W., sec. 10, W%NE%; sec. 23; sec. 24, N y2; ence rights superior to those of such ments of applicable law, and (2) appli­ T. 7 N„ R. 11 W., sec. 12; veterans, nuw present their applications, cation under any applicable public-land T. 6 N., R. 13 W., sec. 19; sec. 20; and all sucn applications, together with Jaw, based on prior existing valid settle­ T. 6 N., R. 16 W., sec. 16. those presented at 10:00 a. m. on March ment rights and preference rights con­ The areas described aggregate 4,842.60 17, 1947 shall be treated as simultane­ ferred by existing laws or equitable acres. ously filed. claims subject to allowance and confir­ (d) Date for non-preference-right fil­ mation. Applications by such veterans These lands which are in Grazing Dis­ ings authorized by the public-land laws. shall be subject to claims of the classes trict No. 3 are nonirrigable, have a level Commencing at 10:00 a. m. on June 17, described in subdivision (2). to gently rolling surface, and a sandy to 1947 any of the lands remaining unap­ (b) Twenty-day advance period for gravelly soil. Vegetation consists pri­ propriated shall become subject to such simultaneous preference-right filings. marily of southern desert shrubs, chiefly application, petition, location, or selec­ For a period of 20 days from February creosote bush, mesquite, cacti and palo tion by the public generally as may be 21,1947 to March 14,1947, inclusive, such verde. Elevations range from 800 to authorized by the public-land laws. Veterans and persons claiming prefer­ 1,200 feet above sea level. Thelirid cli­ (d) Twenty-day advance period for si­ ence rights superior to those of such vet­ mate precludes any production of crops multaneous non-preference right filings. erans, may present their applications, in this area without the aid of irrigation. Applications by the general public may and all such applications, together with Faib W. J o h n so n , be presented during the 20-day period those presented at 10:00 a. m. on March from May 28, 1947 to June 17, 1947, in­ 14, 1947 shall be treated as simultane­ Acting Director. J anuary 15, 1947. clusive, and all such applications, to­ ously filed. gether with those presented at 10:00 a. m. (c) Date for non-preference right fil­ IF. R. Doc. 47-537; Filed, Jan. 20, 1947; 8:47 a^m .] on June 17, 1947 shall be treated as ings authorized by the public-land laws. simultaneously filed. Commencing at 10:00 a. m. on June 12, 1947 any of the lands remaining unap­ Veterans shall accompany their ap­ propriated shall become subject to such plications with certified copies of their application, petition, location, or selec­ N evada and C alifornia certificates of discharge, or other satis­ tion by the public generally as may be factory evidence of their military or REVOKING DEPARTMENTAL ORDER OF AUGUST naval service. Persons asserting prefer­ authorized by the public-land laws. 23, 1932, AS MODIFIED, WITHDRAWING (d) Twenty-day advance period for PUBLIC LANDS IN AID OF LEGISLATION ence rights, through settlement or other­ simultaneous non-preference right fil­ wise, and those having equitable claims, ings, Applications by the general pub­ The order of this Department of Au­ shali accompany their applications by lic may be presented during the 20-day gust 23, 1932, as modified July 19, 1934, duly corroborated affidavits in support period from May 23, 1947 to June 12, and September 9, 1936, withdrawing the thereof, setting forth in detail all facts 1947, inclusive, and all such applications, public lands in the hereinafter-described relevant to their claims. together with those presented at 10:00 areas in aid of contemplated legislation Applications for these lands, which a. m. on June 12,1947 shall be treated as reserving them for addition to the Fort shall be filed in the District Land Offices Mohave Indian Reservation, is hereby &t Los Angeles or Sacramento, Cali­ Simultaneously filed. revoked. Veterans shall accompany their appli« fornia, or Carson City, Nevada, shall be ■ This order shall take effect immedi­ acted upon in accordance with the regu­ pations with certified copies of their cer* ately as to the administration of grazing lations contained in § 295.8 of Title 43 tificates of discharge, or other satisfao* on such lands. of the Code of Federal Regulations (Cir- Tuesday, January 21, 1947 FEDERAL REGISTER 421 cular No. 324, R£ay 22,1914, 43 L. D. 254), Subject to valid existing rights and the T. 12 N., R. 30 E., provisions of existing withdrawals, the Sec. 26, 27, and 28; and Part 296 of that title, to the extent Sec. 29, E y2; that such regulations are applicable. 80-rod shore space reserve created under Sec. 32, Ei/2; Applications under the homestead laws the act of May 14,1898 (30 Stat. 409), as Sec. 33, 34, and 85; shall be governed by the regulations amended by the act of March 3,1903 (32 Sec. 36, SW ^. Stat. 1028, 48 U. S. C. sec. 371), is here­ contained in Parts 166 to 170, inclusive, U n it No. 2. Water to be furnished be­ of Title 43 of the Code of Federal Regu­ by revoked as to the following described ginning about August 1, 1947. Generally lations and applications under the land: described as lying east of the Southern desert land laws and the small tract act Gravina Island- Pacific Railroad (Dawson Branch), east of of June 1, 1938, shall be governed by Commencing at Corner No. One of U. S. the city limits of Tucumcari, New Mexico, the regulations contained1 in Parts 232 Survey No. 1994, the homestead of Adolph C. and north of Hittson Creek, comprising such and 257, respectively, of that title. Prasil, at mean high tide on Tongass Nar­ lands as are irrigable within the tracts of Inquiries concerning these lands shall % rows; thence approximately 935 feet in a land described as follows: be addressed to the above-named district southeasterly direction along the line of T-. 11 N., R. 30 E., land offices. mean high tide of Tongass Narrows to the Sec. 1, Ey2; The lands affected by this order are corner of the Erickson homestead, unpat­ Sec. 12, Ei/2; ented; thence following the line of said Erick­ Sec. 13, E%; described as follows: son homestead in a southerly direction ap­ Sec. 24, and 25. Mount Diablo Meridian, Nevada proximately 1000 feet; thence at right angles T. 12 N., R. 30 E., ' to said Erickson line in a northwesterly di­ Sec. 36, SEV4- T. 32 S., R. 64 E., - rection approximately 900 feet to an exten­ T. 11 N., R. 31 E., Secs. 25 and 36. sion of the easterly line of said U. S. Survey See. 6, Wi/2; T. 32 S., R. 65 E., No. 1994; thence northerly along the line of Sec. 7, and 8; Secs. 25 to 36, inclusive. said Survey No. 1994 to the place of begin­ Sec. 9, Wy2; T. 33 S., R. 65 E., ning, Ketchikan Precinct, First Division, Sec. 16, S^; T. 32 S., R. 66 E., Territory of Alaska. ^Hom estead application Sec. 17, 18, 19, 20, and 21; Secs. 25 to 36, inclusive. ( of Alfred E. Z. Anderson, Anchorage 09739). Sec. 22, W%; T. 33 S., R. 66 E., The area described contains approximately Sec. 27, All lying north of Hittson Creek; All lands outside of Port Mohave Indian 20 acres. Sec. 28, All lying north of Hittson Creek; Reservation unsurveyed. W arner W . G ardner, Sec. 30, Ny2. T. 34 S., R. 66 E. All lands outside of Fort Mohave Indian Assistant Secretary of the Interior. T. 12 N„ R. 31 E., Sec. 31, SW &. Reservation, unsurveyed. J anuary 3, 1947. Unit No. 3. Water to be furnished be­ San Bernardino Meridian, California [F. R. Doc. 47-536; Filed, Jan. 20, 1947; ginning about November 1, 1947. G enerally T. 12 N., R. 20 E., 8:47 a. m. described as lying north of Tucumcari Creek Sec. 10, lo t 7; and south of Hittson Creek, comprising such Sec. 11, lot 1; lands as are irrigable within the tracts of Sec. 13, lo t 1; Bureau of Reclamation land described as follows: Sec. 14, lots 2 to 8, inclusive, SW^NW1^, T. 10 N., R. 31 E„ NE^SW^, and SWV4 SEV4; [No. 3] Sec. 1, Part lying north of Tucumcari Creek; Sec. 15’ lots 7 and 8 and NE^NE^; Sec. 2, Part lying north of Tucumcari Creek; Sec. 23, lots 4 to 8, inclusive, and T ucumcari I rrigation P roject, N ew M exico - Sec. 3, Part lying north of Tucumcari Creek; NE%NE%7 Sec. 4, Part lying north of Tucumcari Creek; Sec. 24, lots 2 to 8, inclusive, SW%WW$4i ANNOUNCEMENT OF ANNUAL WATER RENTAL Sec. 5, Part of E lying north of Tucum­ NEJ4SW&, and SW%SE%; y2 Sec. 25, lots 4, to 8, i-'elusive, and CHARGES cari Creek. T. 11 N., R. 31 E., NE%NE%;. _ D ecember 31, 1946. Sec. 25, Part lying south of Hittson Creek; T. 11 N., R. 21 E., fractional, except lots 6 Sec. 26, Part lying south of Hittson Creek; and ,7, NW%SE%, and 8 %8B% sec. 24, and 1. I have determined that it is factu­ Sec. 27, Part lying south of Hittson Creek; lots 10 and 11, and NE%NE% sec. 25. ally impossible, in view of the provision Sec. 28, Part lying south of Hittson Creek; T. 12 N., R. 21 E., fractional. for construction of distribution works by Sec. 29, all; .. T. 11 N., R 22 E., fractional. the United States under the contract Sec. 32, E y2; Sec. 30, lots 1, 2, and 3; with the Arch Hurley Conservancy Dis­ Sec. 33, 34 and 35; Sec. 31, lots 1 to 9, inclusive, SE^NW^, trict dated December 27, 1938, to make Sec. 36, Part lying north of Tucumcari and Sy2S W ^ . water available for irrigation use during Creek. The area aggregates 30,769.62 acris of pub­ the season of 1947 as contemplated in T. 11 N., R. 32 E„ lic and nonpublic lands. article 8 of‘the contract. Sec. 30, Part lying south of Hittson Creek; Sec. 31, Part lying between Hittson Creek Part of the lands are patented or are 2. Water rental. Pursuant to article and Tucumcari Creek. withdrawn for reclamation purposes. 10 of the contract of December 27, 1938, The remaining lands, which lie near the irrigation water will be furnished, when Unit No. 4. Water to be furnished begin­ available, upon a rental basis during the ning about November 1, 1947. Generally de­ Colorado River and are rough and moun­ scribed as lying north of Hittson Creek and tainous desert lands, are described as irrigation season of 1947 where the prog­ west of Tucumcari Creek, comprising such follows: ress of construction will permit, to the lands as are irrigable within the tracts of irrigable lands in the Arch Hurley Con­ ^ land described as follows: Mount Diablo Meridian, Nevada servancy District described below: T. 11 N., R. 31 E., T. 32 S., R. 64 E., U n it No. 1. "Water to "be furnished begin­ Sec. 9, SEi4; Secs. 25 and 36. ning about April 1. 1947. Generally de­ Sec. 10, s y 2; T. 32 S., R. 65 E., scribed as lying north of the Chicago, Rock sec. 1 1 , w y 2s w i 4 ; Secs. 25 to 36, inclusive. Island and Pacific Railroad and west of the Sec. 13, sy 2sy 2; C. G irard D avidson, Southern Pacific Railroad (Dawson Branch), Sec. 14, w y2w y2; Sy2SE!4; SEy4S W ^ ; comprising such lands as are irrigable within Sec. 15, all; Assistant Secretary of the Interior. the tracts of land described as follows: Sec. 16, N%; J anuary 13, 1947. NEW MEXICO PRINCIPAL MERIDIAN Sec. 22, Ey2; Sec. 23 and 24; . [F. R. Doc. 47-541; Filed, Jan. 20, 1947; T. 11 N., R. 29 E., Sec. 25, Part lying north of Hittson Creek; 8:48 a. m.] Sec. 13, all; Sec. 26, Part lying north of Hittson Creek; Sec. 24, NEi/4. Sec. 27, Part lying north of Hittson Creek T. 11 N., R. 30 E., in NE}4 . Sec. 1, W y2; T. 11 N„ R. 32 E., Sec. 2, 8, 4, 5, 7, 8, 9, and 10; „ Sec. 17, S W ^ S W ^ j Alaska Sec. 11, Ni/2; W'/jfiW'/i; Sec. 18, sy 2sy 2; SHORE SPACE RESTORATION 388 Sec. 12, NWJ4; Sec. 19, all; Sec. 15, 16, 17,, 18, 19, 20, and 21; se c . 20, w y 2w y 2; s y 2s>4 ; By virtue of the authority contained Sec. 22, NW&; . Sec. 28, Part lying between Plaza Largo in the act of June 5,1920 (41 Stat. 1059, Sec. 28, Ni/2; SW Creek and C. R. I. & P. Railroad; 48 U. S. C. sec. 372), it is ordered as fol­ Sec. 29, All; Sec. 29, Part lying north of Plaza Largo lows: Sec. 30, E y2. Creek; No. 14------3 422 NOTICES

Sec. 30, Part lying north of Hittson Creek; Sec. 31, Part lying north of Plaza Largó plied with the requirements of the con­ N ew lands P roject, N evada Creek. tract of December 27, 1938, between tho United States and the District, include FIRST FORM RECLAMATION WITHDRAWAL U nit No. 5. Water to be furnished beginning ing: - about July 1, 1947. Generally described as J anuary 2,1947. lying north of Plaza Largo Creek and bounded (a) The execution and delivery of the Pursuant to the authority delegated on the east and west by the project boundary recordable contract as-provided for in by Departmental Order No. 2238 of lines and on the north by the proposed Hud­ article 30 (b) of said contract; August 16,1946 (43 CPR 4.410), I hereby son Extension, comprising such lands as are (b) The execution and delivery of the withdraw the following described lands irrigable within the tracts of land described valid recordable contract, in the case of from public entry, under the first form as follows: ownership of excess land, as provided for of withdrawal, as provided by section 3 T. 12 N., R. 33 E., in articles 30 (a) and 32 of said con-" of the act of June 17,1902 (32 Stat. 388). Sec. 19, S y2; tracts. In accordance with the authority con­ Sec. 29, WV2; 6. Individual applications for water on tained in the act of June 28, 1934 (48 Sec. 30, all. forms approved by the United States and T. 12 N., E. 32 E., Stat. 1269), as amended, Departmental the payments required by this announce­ Orders of October 18, 1935, and Novem­ Sec. 25, all; ment will be received at the office of the Sec. 27, sy2; ber 3, 1936, establishing Nevada Grazing Sec. 31, SE14; Secretary of the Arch Hurley Con­ Districts Nos. 2 and 3, respectively, are Sec. 32, 33, 34, 35, and 36. servancy District, Tucumcari, New Mex- hereby amended to permit the with­ T. 11 N., R. 33 E., ' ico. Requests by the District for water drawal effected by this order. Sec. 18, all; for such lands as are entitled to receive Sec. 19, Part of W% nortlr'of Plaza Largo water and payments by the District to N e w l a n d s P r o j e c t , N ev a d a Creek. the United States will be received at the MOUNT DIABLO MERIDIAN T. 11 N., R. 32 E., office of the Bureau of Reclamation, Sec. 1, SW%; Tucumcari, New Mexico. T. 20 N., R. 24 E., Sec. 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12; Sec.- 24, SWJ&NWKa > Sec. 13, 14, 15, and 16; 7. This announcement shall not be T. 20 N., R. 25 E., ^ Sec. 17, Ni/2; SE^; N^SW^; SE&SW^; construed as constituting the designa­ Sec. 22, Sy2 SW&;— ---- Sec. 18, Ni/2 ; Ny2Sy2; tion of irrigable lands provided for by T. 21 N., R. 25 E., Sec. 20, NE14; Ey2NW^; NE^SW^; article 30 of the contract of December Secs. 12, 14, 24, 26, 28, 34 and 36, all. T. 21 N., R. 26 E., N% SE/4; 27, 1938, between the United States and Sec. 21, all; the Arch Hurley Conservancy District. Sec. 4, all; Sec. 22, Part lying north of Plaza Largo Sec. 5, Lots 1, 2, S ^ N E ^ , S^,* Creek; (Act of June 17, 1902, 32 Stat. 388, as Secs. 6, 8, 18, 20, 28, 3Q and 32, all. Sec. 23, Part lying north of Plaza Largo amended or supplemented.) T. 22 N., R. 26 E., Creek; Secs. 2, 4 and 10, all; Sec. 24, Part lying north of Plaza Largo M ichael W . S traus, Sec.» 12, NE14, NW 14NW 14, Wi/2SW%, Creek; Commissioner. SE14SW14, SE14; Sec. 26, Part lying north of Plaza Largo Secs. 14, 22, 24 to 28, inclusive, 30 and 32 v Creek. [F. R. Doc. 47-551; Filed, Jan. 20, 1947; to 36, inclusive, all. T. 11 N., R. 32 E., 8:46 a. m.] T. 23 N., R. 26 E., Sec. 27, Part lying north of Plaza Largo Secs. 26, 34 and 36, all. Creek; ------JL ______T. 20 N., R. 32 E., unsurveyed Sec. 28, Ni/2Ny2. Secs. 3 to 10, inclusive, 16 to 21, inclusive, 29 and 30, all. T. 11 N., R. 31 E., [No. 36] Sec. 1, Ey2; The-above areas aggregate approximately Sec. 11, SE&; Ey2SW}4; B o ise I rrigation P roject, A rrowrock 33,077 acres. Sec. 12, Sy2; NE%; D iv isio n , I daho-O regon Sec. 13, Ny2; Ny2S ^ ; M ichael W . S traus, Sec. 14, N E 14, Ny2SEÍ4; Ey2N W ^; PUBLIC NOTICE OP ANNUAL OPERATION AND Commissioner. NEÍ4SWÍ4. MAINTENANCE CHARGES I concur. The records of the Bureau 3. Charges and terms of payment. of Land Management and of the District The minimum water rental charge shall D ecember 30,1946. Land Office will be noted accordingly. be $1.00 per irrigable acre for each irri­ 1. Operation and maintenance. The F red W . J o h n so n , gable acre of land for which ^ater serv­ operation and maintenance charges for Acting Director, ice is requested, payment of which will the irrigation season of 1947, and there­ Bureau of Land Management. after until further notice, against all entitle the water user to one acre-foot of J anuary 3, 1947. water per irrigable acre. Additional lands of the Arrowrock Division within water, if available, will be furnished dur­ the Settlers Irrigation District, and other IF. R. Doc. 47-552; Filed, Jan. 20, 1947; ing the irrigation season at the following lands of the Arrowrock Division not. in­ 8:46 a. m.j rates: cluded. in the Boise-Kuna, Wilder, First additional iy 2 acre feet per acre: $1.00 Nampa and Meridian, New York, and Big per acre-foot. Bend Irrigation districts, shall be $2.00 All additional acre feet per acre: $1.50 per- for the first 3 acre-feet of water and 30 S h o sh o n e P roject, W yom ing acre-foot. cents for each additional acre-foot; but FIRST FORM RECLAMATION WITHDRAWAL All charges shall be payable by the Dis­ a minimum charge of $2.00 will be made D ecember 10, 1946. trict to the United States in advance against each irrigable acre and must be Pursuant to the authority delegated by of the delivery of water. paid as toll before any water is delivered. Departmental Order No. 2238 of August 4. Water will be delivered and meas­ The minimum operation and mainte­ 16,1946,1 hereby withdraw the following ured by Government forces at the near­ nance charge will be due and payable to described lands from public entry, under est available measuring device to the the Board of Control, Boise, Idaho, on the firs£ form of withdrawal, as provided individual farm. April 1 preceding the irrigation season. by section 3 of the act of June 17, 1902 5. The District will request water de­ Charges for additional water will be pay­ (32 Stat. 388). Departmental Order of livery for, and certify to the United able to the Board of Control upon de­ March 23, 1935 establishing Wyoming States as entitled to receive water, only mand. Grazing District No. 1 is hereby amended such lands as are owned or are held to permit the withdrawal effected by this under contract of purchase by persons (Act of June 17, 1902, 32 Stat. 388, as order. amended or supplemented) duly qualified to receive water under the S h o s h o n e P r o j e c t , W y o m i n g terms of the Reclamation Act of Juno M ichael W . S traus, 17, 1902 (32 Stat. 388), and acts of Con­ Commissioner. SIXTH PRINCIPAL MERIDIAN gress supplementary thereto or amend­ T. 51 N., R. 97 W., [F. R. Doc. 47-550; Filed,' Jan. 20, 1947; Sec. 5, Lots 7, 9, 10, 12, 19, SW ^NW &J atory thereof, and who have duly com­ 8:46 a. m.] Seo. 6, Lots 35, 36, 37. Tuesday, January 21, 1947 FEDERAL REGISTER 423

T. 52 N., R. 97 W., Broadcast Corporation, The Patriot Bl-P-5148; Docket No. 7883) be, and they Bee. 13, all; > Company and WHP, Inc.; and are hereby, consolidated for hearing in Sec. 14, NE14, SE&NWft, &%; It appearing, that the said applica­ the proceeding involving the further Sec. 15, Ei/2SW%, SE%; hearing on the said application of Cres­ Sec. 19, Lots 18 to 22, incl., S ^ N E ^ 1 tions of Crescent Broadcast Corporation, SE%NWi4, NE^SW^, Ni/2SE%; ■the Patriot Company and WHP, Inc. cent Broadway Company (Docket No. Sec. 20, Lots 14, 18, 25, 80, 31, were heard in a consolidated proceeding 6883) upon the issues heretofore defined E%SEi4; in January 1946; that the record in the in the orders of the Commission desig­ Sec. 21, Lots 10, 11, 12, 26, 27, S ^ N 1/^ said proceeding was closed on March 19, nating them for hearing as aforesaid. ■ Sec. 22, NW 14, SEi4; 1946; that thereafter on November 21, It is further ordered, That the said or­ gec 23 all; 1946, the Commission granted the peti­ der of the Commission, dated November Sec’. 24, Lots 31, 32, 84, NW&NW^, tion of Crescent Broadcast Corporation 21,1946, designating the said application NW ^W^; of Crescent Broadcast Company for fur­ Sec. 26, all; for leave to amend its above-entitled Sec. 27, Lots 13, 14, 26 to 29, incl., NE^, application so as to show a new trans­ ther hearing, as aforesaid, be, and it is E%NW%; mitter site and revised engineering in­ hereby, amended, to include the said! Sec. 28, Lots 22, 32, 33; formation incidental thereto, reopened applications of Union Broadcasting Com­ Sec. 29, Lots 4, 33; the record, and designated said applica­ pany, John H. Stenger, Jr. and Hudson Sec. 81, Lot 31; tion of Crescent Broadcast Corporation, Valley Broadcasting Company, Inc.; Sec. 32, all; as amended, for further hearing, and It is further ordered, That the said pe­ Sec. 33, Lots 1, 4, 10, 11, 12, 28, S ^ N y 2l said further hearing is now scheduled titions of Union Broadcasting Company Tracts 103 and 106. for January 22, 1947, in Washington, and John H. Stenger, Jr., requesting leave The above areas aggregate 6,681.82 acres* D. C., upon the following issues: to intervene, be, and they are hereby, M ichael W . S traus, 1. Type of terrain over which meas­ dismissed. Commissioner. urements are to be taken in order to sub­ mit an adequate proof of performance. [ seal] F ederal C ommunications I concur. The records of the Bureau 2. Accessibility over the terrain over C o m m issio n , of Land Management and the District T . J. S lo w ie , which field measurements can be taken Secretary. Land Office will be noted accordingly. for proof of performance. [F. R. Doc. 47-557; Filed, Jan. 20, 1947; F red W . J o h n so n , 3. The areas and populations to be Acting Director, served from the new site and character 8:49 a. m.] Bureau of Land Management. and type of other radio services to such areas and populations; particularly, the D ecember 20, 1946. areas and populations which would re­ [P. R. Doc. 47-553; Filed, Jan. 20, 1947; ceive their first primary service from the [Docket No. 7474] 8:46 a. m.] proposed operation. P atrick J o seph S tanton 4. Stability of proposed antenna sys­ tem in operation, especially in consid­ DECISION AND ORDER ON PETITION FOR FEDERAL COMMUNICATIONS eration of antenna base resistance and RECONSIDERATION COMMISSION soil conditions at the site proposed. In re application of Patrick Joseph 5. Whether and to what extent opera­ Stanton, Philadelphia, Pennsylvania, for [Docket Nos. 6883, 6884, 7115, 7851, 7852, 7883] tion from the proposed site will cause construction permit; Docket No. 7474, C rescent B roadcast C orp. et al. interference with existing stations or File No. B2-P-4495. pending applications, particularly with The Commission has before it a peti­ order designating applications for con­ respect to Stations CKEY, Toronto, Can­ tion for reconsideration filed May .29, solidated HEARING ON STATED ISSUES ada, and WFIL, Philadelphia, Pennsyl­ 1946, by L. B. Wilson, Inc., licensee of In re applications of Crescent Broad­ vania; and radio station WCKY, Cincinnati, Ohio, cast Corporation, Shenandoah, Pennsyl­ It appearing further, that said amend­ directed against the action of the Com­ vania, Docket No. 6883, File No. B2-P- ment to the above-entitled application of mission on May 10, 1946, granting with­ 4092; The Patriot Company, Harrisburg, Crescent Broadcast Corporation specify­ out hearing the above-entitled applica­ Pennsylvania, Docket No. 6884, File No. ing a new transmitter site raises ques­ tion of Patrick Joseph Stanton, for a B2-P-4091; WHP, Inc., Harrisburg, tions of interference to broadcast service construction permit to erect a new stand­ Pennsylvania, Docket No. 7115, File No. of applicants whose applications were on ard broadcast station to operate on the B2-P-4324; Union Broadcasting Com­ file at the time said amendment was frequency 1530 kilocycles, with 10 kilo­ pany (WARM), Scranton, Pennsylvania, accepted; and watts power, daytime only (Class II). Docket No. 7851, File No. Bl-P-5186; It further appearing, that the said Station WCKY operates on the frequency John H. Stenger, Jr. (WBAX), Wilkes-^ above-entitled Crescent Broadcast Com­ 1530 kilocycles, with 50 kilowatts power, Barre, Pennsylvania, Docket No. 7852, pany application, as amended, may re­ unlimited time, at Cincinnati, Ohio, and File No. Bl-P-5212; Hudson Valley sult in increased interference to and with is classified as a Class I-B clear channel Broadcasting Company, Inc., Albany the above-entitled pending applications station. New York, Docket No. 7883, File No. B l- of John H. Stenger, Jr. (WBAX), Wilkes- The petitioner alleges, as the basis of P-5148; for construction permits. Barre, Pennsylvania (File No. B l-P- its petition, that station WCKY, a Class At a session of the Federal Communi­ 5212; Docket No. 7852) and Union Broad­ I-B clear channel station, is entitled to cations Commission held at its offices at casting Company (WARM), Scranton, protection from objectionable interfer­ Washington, D. C. on the 30th day of Pennsylvania (File No. Bl-P-5186; Dock­ ence of its primary service area up to December 1946; et No. 7851); and the 0.5 mv/m daytime contour; that the The Commission having under consid­ It further appearing, that the said ap­ proposed station will emit a skywave eration the above-entitled applications plications of the petitioners, Union which will interfere with station WCKY’s of Crescent Broadcast Corporation, The Broadcasting Company and John H. primary service area for approximately Patriot Company and WHP, Inc., each Stenger, .Jr., were, by separate orders of two hours after sunrise and approxi­ requesting the use of the frequency 580 the Commission dated September 19, mately one hour before sunset at Phila­ kilocycles, and the above-entitled appli­ 1946, designated for hearing in a con­ delphia; and that station WCKY will cations of Union Broadcasting Company, solidated proceeding, and that the said receive limitations to its service rang­ John H. Stenger, Jr. and Hudson Valley application of Hudson Valley Broadcast­ ing /rom approximately 0.7 mv/m to 5 Broadcasting Company, Inc., each re­ ing Company, Inc., was designated for mv/m at the time of sunset in Phila­ questing the use of the frequency 590 hearing therewith by order of the Com­ delphia. An answer to the petition, kilocycles; and the Commission also hav­ mission dated September 30, 1946; filed by Stanton, maintains that the ing under consideration petitions filed by It is ordered, That the said applications interference alleged by the petitioner Union Broadcasting Company and John of Union Broadcasting Company (File is not “objectionable interference” H. Stenger, Jr. on December 4 and 9, No. Bl-P-5186; Docket No. 7851), John within the meaning of the term as used 1946, respectively, each requesting leave H. Stenger, Jr. (File No. Bl-P-5212; in the Commission’s rules and standards. to intervene in the further hearing con­ Docket No. 7852) and Hudson Valley Under the Commission’s rules and reg­ cerning the said applications of Crescent Broadcasting Company, Inc. (File No. ulations and the Standards of Good En- 424 NOTICES

gineering Practice Concerning Standard J4th day of November 1946, that the said fespeot to the said renewal and con­ Broadcast Stations, the primary service petition of L. B. Wilson, Ino. (WtiEtf)., struction permit applications. area of a Class I-B clear channel station Cincinnati, Ohio, for reconsideration b4, daytime is entitled to protection from and it is hereby, denied. [ s e a l ] F ederal C ommunications objectionable interference up to its O.i C o m m issio n , mv/m contour (See Standards, page 2)* [ seal] F ederal C ommunications T. J. S lo w ie , The Commission has also recognized that C o m m issio n , Secretary. conditions of radio wave propagation T . J . S lo w ie, |F. R. Doc. 47-560; Filed, Jan. 20, 1947; permit operation on such clear channels Secretary. 8:50 a. m.] by stations denominated as Class n , un­ [P. R. Doc. 47-564; Piled, Jan. 20, 1947» der conditions which do not allow ob­ 8:50 a. m.] jectionable interference (i. e. within the protected contours established for day [Docket Nos. 7875, 8038] and night primary service) with the so- L ee-S m it h B roadcasting Co. and A ssoci­ [Docket Nos. 7680, 7687] called “dominant” clear channel station. ated B roadcasters, I nc. The grant to Joseph Patrick Stanton, of D o n L ee B roadcasting S y stem and order designating application for con­ which petitioner complains, is 0# a con­ KROW, I n c . struction permit to operate daytime only solidated HEARING ON STATED ISSUES as a Class II station. By definition un­ ORDER DESIGNATING APPLICATIONS FOR In re applications of John E. Hyde, Jr., der the Commission’s rules (See §§3.6 CONSOLIDATED HEARING Palmer Dragsten, and Herbert H. Lee, and 3.23 (c)) the term “daytime” means' In re applications of Don Lee Broad­ d/b as Lee-Smith Broadcasting Co., Fari­ that period of time between the hours of casting System, San Francisco, Cali­ bault, Minnesota, Docket No. 7875, File average monthly local sunrise and aver­ fornia, Docket No. 7680, File No. No. B4-P-4581; Associated Broadcasters, age monthly local sunset. B5-PH-38; KROW, INC., Oakland Cali­ Inc., Wadena, Minnesota, Docket No. Petitioner’s complaint is that the op­ fornia, Docket No. 7687, File No. 8038, File No. B4-P-5351-; for construc­ eration of the proposed Stanton station B5-PH-990; for construction permits. tion permits. at Philadelphia will result in skywave in­ At a session of the Federal Communi­ At a session of the Federal Communi­ terference1 to Station WCKY, Cincin­ cations Commission held at its offices in cations Commission, held at its offices in nati, Ohio, during a period following Washington, D. C. on the 2d day of Washington, D. C., on the 2d day of Jan­ sunrise and preceding sunset. The January 1947; uary 1947; Commission’s rules relating to protection The Commission having under consid­ The Commission having under consid­ of daytime contours of Class I-B stations eration the above-entitled applications eration the above-entitled applications do not take cognizance of nor afford pro­ for construction permits for new Class for construction permits for new stand­ tection against skywave interference for B FM broadcast stations in San Fran­ ard broadcast stations to operate on the the reason that such waves are not re­ cisco, and Oakland, California respec­ frequency 920 kc, with 1 kw power, un­ flected effectively back to earth during tively, which have been designated for limited time (using directional antennas) the day. The skywave curves which are hearing in a consolidated proceeding at Faribault and Wadena, Minnesota, re­ a part of the Commission’s standards are scheduled to commence April 14, 1947; spectively; based upon extensive measurements of and It is ordered, That,, pursuant to sec­ skywave signals produced by broadcast­ It appearing, that comparative consid­ tion 309 (a) of the Communications Act ing stations under varying conditions eration of the said applications is no of 1934, as amended, the said applica­ and at various seasons of the year. In longer necessary; and tions be, and they are hereby, designated 1935, at the time these measurements It further appearing, that the appli­ for hearing in a consolidated proceed­ were taken and other scientific studies cations of Don Lee Broadcasting System ing at a time and place to be designated made, they indicated that such skywave for renewal of licenses of Station KGB, by subsequent order of the Commission, signals as there were, were of very low San Diego (File No. B5-R-38; Docket No. upon the following issues: order, and hence were considered of so 7398), KDB, Santa Barbara (File No. 1. To determine the legal, technical, little importance that the standards of B5-R-48; Docket No. 7399), KFRC, San financial, and other qualifications of the the Commission took no cognizance of Francisco (File No. B5-R-43; Docket No. applicant partnership and the partners daytime skywave propagation at broad­ 7615) and KHJ and KHJ-FM, Los An­ and of the applicant corporation, its cast frequencies. The periods of diur­ geles (Files No. B5-R-22, B5-RH-25; officers, directors and stockholders to nal change are, however, very uncertain Docket No. 7616) and the application of construct and^operate the proposed sta­ and erratic in their effect on radio wave Don Lee Broadcasting System for a con­ tions. propagation. On some days in the pe­ struction permit to increase power of 2. To determine the areas and popu­ riods immediately before and after sun­ Station KGB, San Diego, from 1 kw to lations which may be expected to gain rise and sunset, skywaves may be re­ 5 kw on the frequency 1360 kc', install or lose primary service from the oper­ flected into areas which on other days, new transmitter and antenna, and ation of the proposed stations and the in the same periods of time, receive no change transmitter location (File No. character of other broadcast service such signal. In this state of the radio B5-P-4330; Docket No. 7497) have been available to those areas and populations. art, therefore, it is virtually impossible designated for hearing in a consolidated 3. To determine the type and charac­ and the Commission believes it would be proceeding scheduled to commence Jan­ ter of program service proposed to be unreasonable to define “daytime” opera­ uary 14, 1947 at Los Angeles, California. rendered and whether it would meet the tion-in terms as unstable, erratic and un­ It is ordered, That the application of requirements of the populations and certain as the conditions of radio wave Don Lee Broadcasting System (File No. areas proposed to be served. propagation at sunrise and sunset. B5-PH-38; Docket No. 7680) be, and it is 4. To determine whether the opera­ Accordingly, the Commission is of the hereby, severed from the above-entitled tion of the proposed stations, or either opinion that the grant to Patrick Joseph proceeding; and of them, would involve objectionable in­ Stanton, Philadelphia, Pennsylvania, It is further ordered, That the said ap­ terference with any existing broadcast does not result in interference to peti­ plication of Don Lee Broadcasting Sys­ stations and, if so, the nature and ex­ tioner’s station WCKY, Cincinnati, Ohio, tem (File No. B5-PH-38; Docket No. tent thereof, the areas and populations as defined by the Commission’s rules and affected thereby, and the availability of standards, and hence It is ordered, Jhis 7680), heretofore designated for hearing, other broadcast service to such areas be, and it is hereby consolidated for and populations. \The distance between Cincinnati, Ohio, hearing commencing January 14, 1947, 5. To determine whether the operation and Philadelphia, Pennsylvania, is about 500 at Los Angeles, California with the afore­ of the proposed stations would involve miles. This distance is generally considered said Don Lee Broadcasting System re­ objectionable interference, each with the adequate to preclude any possibility of newal and construction permit applica­ ground wave interference to Station WCKY other, or with the services proposed in from the operation of the proposed Stanton tions (Dockets 7398, 7399, 7497, 7615, any other pending applications for station, and petitioner does not allege ground 7616) on the issues specified in the Com­ broadcast facilities and, if so, the nature wave interference. mission’s order of December 5,1946, with and extent thereof, the areas and popu- 425 Tuesday, January 21, 1947 FEDERAL REGISTER lations affected thereby, and the avail­ latory jurisdiction with respect to intra­ It is further ordered, That the order state operations of The Western Union heretofore issued in the consolidated ability of other broadcast service to such proceedings for Docket Nos. 7925-7927 areas and populations. Telegraph Company; the Governors of 6. To determine whether the installa­ Delaware, Iowa, and Texas; the Secretary inclusive, be, and it is hereby, amended tion and operation of the proposed sta­ of War, the Secretary of the Navy, the to include the applications of Harold National Association of Railroad and Thomas (File No. Bl-PH-1117) and tions would be in compliance with the Pynchon Broadcasting Corp. (File No. Commission’s rules and Standards of Utilities Commissioners; the American Good Engineering Practice Concerning Communications Association, The Com­ Bl-PH-1127). Standard Broadcast Stations. mercial Telegraphers Union, the Tele­ [ sea l] F ederal C ommunications 7. To determine on a comparative graph Workers’ Union, the Telegraph C o m m iss io n , basis which, if either, of the applications Employees’ Union, the American Federa­ T. J. S l o w ie , in this consolidated proceeding should be tion of Labor, the Congress of Industrial Secretary. granted. Organizations, and The Communications [F. R. Doc. 47-556; Filed, Jan. 20, 1947; Workers’ International Union; and each 8:48 a. m.] By the Commission. such person, organization or agency be, [ seal] T. J. S l o w ie , and it is hereby, given leave to intervene Secretary. and participate fully in the proceedings [Docket Nos. 8040, 8032, 8031] [F. R. Doc. 47-563; Filed, Jan. 20, 1947; herein. 8:50 a. m.] By the Commission. T y t e x B roadcasting C o . et al. ORDER DESIGNATING APPLICATION FOR CON­ [ seal] j T. J. S lo w ie , Secretary. SOLIDATED HEARING ON STATED ISSUES [Docket No. 7982] [F. R. Doc. 47-559; Filed, Jan. 20, 1947; In re applications of Willis Jarrel, é:49 a. m.] William S. Reeves, Robert S. Boulter, W estern U n io n T elegraph C o. William D. Lawrence, Jr., Tomas G. Pol­ lard, Jr., and Francis Lee Lawrence, a co­ ORDER INSTITUTING INVESTIGATION partnership, d/b as Tytex Broadcasting At a session of the Federal Communi­ [Docket Nos. 8035, 8036] Company, Tyler, Texas, Docket No. 8040, cations Commission held at its offices in H arold T h o m as and P y n c h o n File No. B3-P-5540; Blackstone Broad­ Washington, D. C., on the 30th day of B roadcasting C orp. basting Company, Inc., Tyler, Texas, December 1946; Docket No. 8032, File No. B3-B-5316; The Commission, having under consid­ ORDER DESIGNATING APPLICATIONS FOR CON­ Rose Capitol Broadcasting Company, eration a letter, dated November 18, SOLIDATED HEARING ON STATED ISSUES Tyler, Texas, Docket No. 8031, File No. 1946; from The Western Union Tele­ In re applications of Harold Thomas, B3-P-4975; for construction permits. graph Company, advising of a change in Springfield, Massachusetts, Docket No.. At a session of the Federal Communi­ policy with respect to making application 8035, File No. Bl-PH-1117; and Pynchon cations Commission, held at-its offices in to reduce hours of service at main and Broadcasting Corporation, Springfield, Washington, D. C., on the 31st day of branch offices; letters from The Com­ Massachusetts, Docket No. 8036, File No. December 1946; mercial Telegraphers’ Union dated Octo­ Bl-PH-1127; for construction permits. The Commission having under con­ ber 28,1946, November 15,1946, and De­ At a session of the Federal Communi­ sideration the above-entitled application cember. 19,1946, charging that the Com­ cations Commission held at its offices in of Willis Jarrel, William S. Reeves, Rob­ pany’s program of closing offices and re­ Washington, D. C., on the 26th day of ert S. Boulter, William D. Lawrence, ducing hours of service is detrimental to December 1946; Tomas G. Pollard, Jr., and Francis Lee the future stability of the telegraph in­ The Commission having under con­ Lawrence, a co-partnership, d/b as dustry; and letters from various mem­ sideration the above-entitled applica­ Tytex Broadcasting Company, Tyler, bers of the public making complaint tions for construction permits for new Texas; against specific curtailments of service; Class B FM broadcast stations in Spring- It appearing, that the Commission on It is ordered, That an investigation, on field, Massachusetts, and December 19, 1946, designated for hear­ the Commission’s own motion, be, and it It appearing, that a possible maxi­ ing in a consolidated proceeding the ap­ is hereby, instituted into the matter of mum of two Class B FM channels might plications of Blackstone Broadcasting the over-all plans of The Western Union be available for immediate assignment Company, Inc., (File No. B3-P-5316, Telegraph Company with respect to the in the vicinity of Springfield and Docket No. 8032) and Rose Capitol discontinuancé, reduction and impair­ Holyoke, Massachusetts; Broadcasting Company (File No. B3-P- ment of service, the standards to be ap­ It is ordered, Pursuant to section 309 4975, Docket No. 8031) each requesting plied in determining whether applica­ (a) Qf the Communications Act, as a construction permit for a new stand­ tions shall be made to the Commission amended, that tjie above entitled appli­ ard broadcast station to operate on 940 for authority to close company-operated cations be, and they are hereby, desig­ kc, 250 w, daytime only, at Tyler, Texas; offices, to reduce hours of service at com­ nated for hearing to be held in consolida­ It is ordered, That, pursuant to section pany-operated offices, or to convert from tion with the hearings on the applica­ 309 (a) of the Communications Act of operation of offices by Western Union’s tions of WSPR, Incorporated et al. 1934, as amended, the said application own employees to agency operation of. (Docket Nos. 7925-7927 inclusive) for of Willis Jarrel, William S. Reeves, Rob­ offices; the extent to which the public construction permits for new FM Class ert S. Boulter, William D. Lawrence, convenience and necessity may be im­ B broadcast stations in the Springfield, Tomas G. Pollard, Jr., and Francis Lee paired if such program is carried out; Massachusetts,-area, commencing Feb­ Lawrence, a co-partnership, d/b as Tytex and the effects upon the telegraph in­ ruary 5, 1947 at 10:00 a. m. in Spring- Broadcasting Company, Tyler, Texas, be dustry which may reasonably be expected field, Massachusetts, upon the following and it is hereby, designated for hearing to result from such program; issues l in the above consolidated proceeding at It is further ordered, ïh a t a copy of 1. To determine the legal, technical, a time and place to be designated by this order shall be served upon The West­ financial, and other qualifications of the subsequent order of the Commission, ern Union Telegraph Company and that applicant to operate and construct the upon the following issues: said Company be, and it is hereby, made proposed station. 1. To determine the legal, technical, a party respondent herein; and that it 2. To obtain full information with re­ financial, and other qualifications of the shall appear at the offices of the Com­ spect to the nature and character of the applicant partnership and the partners mission in Washington, D. C. at .10:00 proposed program service. to construct and operate the proposed a. m. on the 17th day of February, 1947, 3. To determine the areas and popula­ station. and give full information with respect to tions which may be expected to receive' 2. To determine the areas and popula­ the matters referred to above; and service from the proposed station. tions which may be expected to gain pri­ It is further ordered, That a copy of 4. To determine on a comparative mary service from the operation of the this order shall be served upon the fol­ basis which, if any, of the applications , proposed station and the character of lowing : the agency of each state which In this consolidated proceeding should be other broadcast service available to those under the laws of such state has regu- granted. areas and populations. 426 NOTICES

3. To determine the type and char­ station to operate on 1070 kc, 1 kw, day­ The Commission having under con­ acter of program service proposed to be time only, at Coral Gables, Florida; sideration the above-entitled application rendered and whether it would meet the It is ordered, That, pursuant to section of Lester Lee May requesting a construc­ requirements of the populations and 309 (a) of the Communications Act of tion permit for a new standard broadcast areas proposed to be served. 1934, as amended, the said applications station to operate on 630 kc. 5 kw, day 4. To determine whether the operation be, and they are hereby, designated for and night, unlimited time, in San An­ of the proposed station would involve hearing in a consolidated proceeding at tonio, Texas, together with the petition objectionable interference with any ex­ a time and place to be designated by sub­ of said Lester Lee May requesting that isting broadcast stations and, if so, the sequent order of the Commission, each said application be set for hearing with nature and extent thereof, the areas and upon the following issues: the application for construction permit populations affected thereby, and the 1. To determine the legal, technical, of Howard W. Davis, tr/as The Walmac availability of other broadcast service to financial, and other qualifications of the Company, hereinafter described; such areas and populations. applicant corporation, its officers, direc­ It appearing, that the Commission on 5. To determine whether the opera­ tors and stockholders to construct and November 29, 1946, designated for hear­ tion of the proposed station would in­ operate the proposed station. ing in a consolidated proceeding the ap­ volve objectionable interference with the 2. To determine the areas and popu­ plications of Howard W. Davis, trading services proposed in any other pending lations which may be expected to gain as The Walmac Company (KMAC) (File applications for broadcast facilities and, primary service from the operation of NO. B3-P-4360, Docket No. 7983) request­ if so, the nature and extent thereof, the the proposed station and the character of ing a construction permit to change the areas and populations affected thereby, other broadcast service available to those frequency of Station KMAC, San An­ and the availability of other, broadcast areas and populations. tonio, Texas, from 1240 kc to 630 kc, in­ service to such areas and populations. 3. To determine the type and charac­ crease its operating power from 250 w to 6. To determine whether the installa­ ter of program service proposed to be 5 kw and to make certain changes in tion a'nd operation of the proposed sta­ rendered and whether it would meet the equipment and Howard W. Davis, tr/as tion would be in compliance with the requirements of the populations and The Walmac Company (KMAC) (File Commission’s rules and Standards of areas proposed to be served. No. B3-R-411, Docket No. 7866) request­ Good Engineering Practice Concerning 4. To determine whether the operation ing a renewal of license of Station Standard Broadcast Stations. of the proposed station would involve KMAC, San Antonio, Texas; 7. To determine on a comparative objectionable interference with any ex­ It is ordered, That the said petition of basis which, if any, of the applications in isting broadcast stations and, if so, the Lester Lee May be, and it is hereby, this consolidated proceeding should be nature and extent thereof, the areas and granted; and granted. populations affected thereby, and the It is further ordered, That, pursuant It is further ordered, That, the order availability of other broadcast service to to section 309 (a) of the Communica­ of the Commission dated December J9, such areas and populations. tions Act of 1934, as amended, the said 1946, designating the applications of . 5. To determine whether the opera­ application of Lester Lee May be, and Blackstone Broadcasting Company, Inc., tion of the proposed station would in­ it is hereby, designated for hearing in and Rose Capitol Broadcasting Company volve objectionable interference with the the above consolidated proceeding at a for hearing in a consolidated proceeding services proposed in any other pending time and place to be designated by sub­ be, and it is hereby, amended to include applications for broadcast facilities and, sequent order of the Commission, upon the application of Willis Jarrel, William. if so, the nature and extent thereof, the the following issues: S. Reeves, Robert S. Boulter, William D. areas and populations affected thereby, 1. To determine the legal, technical, Lawrence, Tomas G. Pollard, Jr., and and the availability of other broadcast financial, and other qualifications of the Francis Lee Lawrence, a co-partnership, service to such areas and populations. applicant to construct and operate the d/b as Tytex Broadcasting Company. 6. To determine whether the installa­ •proposed station. By the Commission. tion and operation of the proposed sta­ 2. To determine the areas and popula­ tion would be in compliance with the tions which may be expected to gain pri­ [seal] T. J. S lo w ie , Commission’s rules and Standards of smary service from the operation of the Secretary. Good Engineering Practice Concerning proposed station and the character of [F. R. Doc. 47-562; Filed, Jan. 20, 1947; Standard Broadcast Stations. other broadcast service available to those 8:50 a. m.] 7. To determine on a comparative areas and populations. basis which, if either,'of the applications ,3. To determine the type and charac­ in this consolidated proceeding should ter of program service proposed to be be granted. rendered and whether it would meet the [Docket Nos. 8041, 7075] By the Commission. requirements of the populations and S outhland B roadcasting C orp. and P e n ­ areas proposed to be served. [sea l] T. J. S lo w ie , in su la r B roadcasting C orp. : 4. To determine whether the 'opera­ Secretary. tion of the proposed station would in­ ORDER DESIGNATING APPLICATION FOR CON­ [F. R. Doc. 47-561; Filed, Jan. 20, 1947; volve objectionable interference with SOLIDATED HEARING ON STATED ISSUES 8:50 a. m .] any existing broadcast stations and, if In re applications of Southland Broad­ so, the nature and extent thereof, the casting Corporation, North Miami Beach, areas and populations affected thereby, Florida, Docket No. 8041, File No. B3- and the availability of other broadcast P-5510; Peninsular Broadcasting Corpo­ [Docket Noe. 8042, 7983, 7866] service to such areas and populations. ration, Coral Gables, Florida, Docket L ester L ee M ay et al. 5. To determine whether the opera­ No. 7075, File No. B3-P-4187; for con­ tion of the proposed station would in­ struction permits. ORDER DESIGNATING APPLICATION FOR volve objectionable interference with the At a session of the Federal Communi­ CONSOLIDATED HEARING ON STATED ISSUES services proposed in any other pending cations Commission held at its offices In re applications of Lester Lee May, applications for broadcast facilities and, in Washington, D. C., on the 31st day San Antonio, Texas, Docket No. 8042, File if so, the nature and extent thereof, the of December 1946; No. B3-P-5542; The Walmac Company areas and populations affected thereby, The Commission having under con­ (KMAC), San Antonio, Texas, Docket and the availability of other broadcast sideration the above-entitled applica­ No. 7983, File No. B3-P-4360; for con­ service to such areas and populations. tions of Southland Broadcasting Corpo­ struction permits. The Walmac Com­ 6. To determine whether the install­ ration requesting a construction per­ pany (KMAC), San Antonio, Texas, ation and operation of the proposed mit for a new standard broadcast sta­ Docket No. 7866, File No. B3-R-411; for station would be in compliance with the tion to operate on 1070 kc, 250 w, 'day­ renewal of license. Commission’s rules and Standards of time only, at North Miami Beach, Flor­ At a session of the Federal Communi­ Good Engineering Practice Concerning ida, and of Peninsular Broadcasting cations Commission, held at its offices Standard Broadcast Stations. Corporation requesting a construction in Washington, D. C., on the 31st day of 7. To determine on a comparative permit for a new standard broadcast December 1946; basis which, if any, of the applications Tuesday, January 21, 1947 FEDERAL REGISTER 427 in this consolidated proceeding should It appearing, that the Commission on the services proposed in any other pend­ be granted. May 24,1946, designated for hearing the ing applications for broadcast facilities It is further ordered, That the order application of Radio Peoria, Inc. (File and, if so, the nature and extent thereof, of the, Commission dated November 29, No. B4-P-4177, Docket No. 7609), re­ the areas and populations affected there­ 1946, designating for hearing in a con­ questing a construction permit for a new by, and the availability of other broad­ solidated proceeding the application of standard broadcast station to operate on cast service to such areas and popula­ Howard W. Davis, tr/as The Walmac 970 kc, 1 kwy using a directional antenna, tions. Company (KMAC) with that of Howard unlimited time and on September 20, 6. To determine whether the installa­ W. Davis, tr/as The Walmac Company 1946, granted leave to the University of tion and operation of station WMMJ as (KMAC) for renewal of license, be, and Wisconsin (WHA) to intervene in said proposed would be in compliance with it is hereby amended to include the ap­ hearing; the Commission’s rules and Standards plication of Lester Lee May. It is ordered, That, pursuant to section of Good Engineering Practice Concern­ 309 (a) of the Communications Act of ing Standard Broadcast Stations. By the Commission. 1934, as amended, the said application 7. To determine on a comparative [seal] T. J. S l o w ie , of Mid-State Broadcasting Company be, basis which, if either,'of the applications Secretary. and it is hereby, designated for hearing in this consolidated proceeding should be [P. R. Doc. 47-558; Piled, Jan. 20, 1947; in a consolidated proceeding with the granted. 8:49 a. m .] application of Radio Peoria, Inc. (File It is further ordered, That the Com­ No. B4-P-4177, Docket No. 7609) said mission’s order of May 24,1946, designat­ proceeding to commence at 10:00 o’clock ing the application of Radio Peoria, Inc., a. m. Friday, January 10,1947, at Wash­ for hearing be amended to include the [Docket Nos. 8043, 7609] ington, D. C., upon the following issues: application of Mid-State Broadcasting 1. To determine the legal, technical, Company (WMMJ) ; M id -S tate B roadcasting Co. and R adio financial, and other qualifications of the It is further ordered, That issue num­ P eoria, I n c . applicant corporation, its officers, direc­ ber 1 of the Commission’s order of May tors and stockholders to construct and 24, 1946, above, deleted by the Commis­ ORDER DESIGNATING APPLICATION FOR CON­ operate station WMMJ as proposed. sion’s order of December 19, 1946, be re­ SOLIDATED HEARING ON STATED ISSUES 2. To determine the areas and popula­ instated in said order of May 24,1946. In re applications of Mid-State Broad­ tions which may be expected to gain or By the Commission. lose primary service from the operation casting Company (WMMJ), Peoria, Ill­ [sea l] T. J. S lo w ie , inois, Docket No. 8043, File No. B4-P- of station WMMJ as proposed and the Secretary. 5551; Radio Peoria Inc., Peoria, Illinois, character of other broadcast service Docket No. 7609, File No. B4-P-4177; for available to those areas and populations. [F. R. Doc. 47-555; Filed, Jan. 20, 1947; construction permits. 3. To determine the type and char­ 8:48 a. m.] At a session of the Federal Communi­ acter of program service proposed to be rendered and whether it would meet the cations Commission, held at its offices in DEPARTMENT OF JUSTICE Washington, D. C., on the 31st day of requirements of the populations and December 1946; areas proposed to be served. Office of Alien Property The Commission having under consid­ 4. To determine whether the opera­ eration the above-entitled application of tion of station WMMJ as proposed would T h e P h il ip p in e M anufacturing C o. Mid-State Broadcasting Company, licen­ involve objectionable interference with no tice of in t e n t io n to return vested see of Station WMMJ, Peoria, Illinois, for any existing broadcast stations and, if PROPERTY a construction permit to change fre­ so, the nature and extent thereof, the Pursuant to section 32 (f) of the Trad­ quency and power from 1020 kc, 1 kw day, areas and populations affected thereby, ing With the Enemy Act, as amended, to 970 kc, 1 kw day and night, to change and the availability of other broadcast notice is hereby given of intention tp re­ hours of operation from daytime to un­ service to such areas and populations. turn the following vested property on or % limited, to install a directional antenna 5. To determine whether the opera­ after 30 days from the date of the pub­ for day and nighttime and to make other tion of station WMMJ as proposed would lication hereof, less any authorized changes; involve objectionable interference with deductions :

Claimant Claim No. Vesting Order No. Property Location

The Philippine Manufacturing Co., Ma­ 4210-4221 Inc...... 295 (7 F. R. 9841)____ U. S. Design Patent Applications Nos. D-95,880, D-95,881, Washington, D. C. nila, P. I. D-95,882, D-95,883, D-95,884, and D-96,297.

Executed at Washington, D. C., on emy country or the enemy-occupied ter­ equal to the sums stated in Column 4 January 15, 1947. ritory identified in Column 2 of said of said Exhibit A. Exhibit A opposite such person’s name; The term “designated enemy country” For the Attorney General. 2. That it was in the interest of the as used herein shall have the meaning [ seal] D onald C. Cook, , United States to take measures in con­ prescribed in section 10 of Executive Director. nection with representing each of said Order 9193, as amended. The term [F. R. Doc. 47=-569; Filed, Jan. 20, 1947; persons in the court or administrative “enemy-occupied territory” as used 8:46 a. m.] action or proceeding identified in Col­ herein shall have the meaning pre­ umn 3 of said Exhibit A opposite such scribed in rules of procedure, Office of person’s name, and such measures hav­ Alien Property, § 501.6 (8 CFR, Cum. ing been taken; Supp., 503.6). [Vesting Order CE 356] 3. That, in taking such measures in ea^li of such actions or proceedings, (40 Stat. 411; 55 Stat. 839; Pub. Law 322, C osts and E x p e n s e s I ncurred i n C ertain costs and expenses have been incurred in 79th Cong., 60 Stat. 50; Pub. Law 671, A ctions or P roceedings i n C ertain the amount stated in Column 4 of said 79th Cong., 60 Stat. 925; 50 U. S. C. and H aw aii C ourts Sup. App. 1, 616; E. O. 9193, July 6, 1942, Exhibit A opposite the action or pro­ 7 F. R. 5205, 3 CFR Cum. Supp.; E. O. Under the authority of the Trading ceeding identified in Column 3 of said 9567, June 8, 1945, 10 F. R. 6917; 3 CFR, with the Enemy Act, as amended, Execu­ Exhibit A; 1945 Supp.; E. O. 9788, Oct. 14, 1946, 11 tive Order 9193, as amended, and Execu­ Now, therefore, there is hereby vested tive Order 9788, and pursuant to law, in the Attorney General of the United F. R. 11981) after investigation, it having been States, to be used or otherwise dealt Executed at Washington, D. C., on found: with in the interest of and for the bene­ January 14, 1947. 1. That each of the persons named in fit of the United States, interests in the For the Attorney General. Column 1 of Exhibit A, attached hereto property which said persons obtain or and by reference made a part hereof, are determined to have as a result of [ seal] D onald C. C ook, was a person within the designated en­ said actions or proceedings in amounts Director, 428 NOTICES

E x h ib it A

Column 1 Column 2 Column 3 Column 4 Name Country or territory Action or proceeding Sum^vested

J Item 1 Lum Kam Wing...... China...... ____ Estate of Lum Ching Wa, deceased, in the Circuit Court of the First Judicial $16.00 Circuit, T. H., Honolulu, T. H.; P._. No. 8553. Item 2 Children of Mrs. Kwock Kwai Fong, also known 16.00 as Kwock Lum Shee.

[F. R. Doc. 47-530; Filed, Jan. 17, 1947; 8:50 a. m.]

[Vesting Order CE 346] 3. That as a result of such action or amounts equal to the sums stated in C osts and E x p e n se s I ncurred i n C ertain proceeding each of said persons ob­ Column 6 of said Exhibit A. - A ctio n s or P roceedings i n Certain tained or was determined to have the The term “designated enemy country” N e w Y ork C ourts property particularly described in Col­ as used herein shall have the meaning umn 4 of said Exhibit A opposite such prescribed in section 10 of Executive Or­ Under the authority^of the Trading der 9193, as amended. The term “enemy- with the Enemy Act, as amended, Ex­ person’s name; ecutive Order 9193, as amended, and 4. That such property is in the pos­ occupied territory” as used herein shall Executive Order 9788, and pursuant to session or custody of, or under the control have the meaning prescribed in rules law, after investigation, it having been of, the person described in Column 5 of of procedure, Office of Alien Property, found: said Exhibit A opposite such property; § 501.6 (8 CFR, Cum. Supp., 503.6). 1. That each of the persons named in 5. That, in taking such measures in (40 Stat. 411; 55 Stat. 839; Pub. Law 322, Column 1 of Exhibit A, attached hereto each of such actions or proceedings, costs 79th Cong., 60 Stat. 50; Pub. Law 671,79th and by reference made a part hereof, and expenses have-been incurred in the Cong., 60 Stat. 925; 50 U. S. C. and Sup. was a person within the designated amount stated in Column 6 of said Ex­ App. 1, 616; E. O. 9193, July 6, 1942, 7 enemy country or the enemy-occupied hibit A opposite such action or proceed­ P. R. 5205; 3 CFR Cum. Supp.; E. O. territory identified in Column 2 of said ing; 9567, June 8, 1945, 10 F. R. 6917; 3 CFR, Exhibit A opposite such person’s name; Now, therefore, there is hereby vested 2. That it was in the interest of the 1945 Supp.; E. O. 9788, Oct. 14, 1946, United States to take measures in con­ in the Attorney General of the United 11 F. R. 11981) nection with representing each of said States, to be used or otherwise dealt with Executed at Washington, D. C., on persons in the court or administrative in the interest of and for the benefit of January 14,1947. action or proceeding identified in Col­ the United States, interests in the prop­ umn 3 of said Exhibit A opposite such erty in the possession or custody of, or For the Attorney General. person’s name, and such measures hav­ under the control of, the persons de­ [ seal] D onald C. C qok, ing been taken; scribed in Column 5 of said Exhibit A in Director.

E x i b i t A

Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Name Country or territory Action or proceeding Property Depositary Sunt vested

Item 1 Elizabeth Amory de Blois Italy...... Estate of Estelle Anderson, deceased, in the (9 Lewis De Blois, Trustee, c/o Elmer Lee $60.00 Fatta-Rampolla. Surrogate’s Court, New York County, Fingar, Esq., Bar Building, 109 Main N. Y.; Index No. P-920-1932. St., White Plains, N. Y. Item t Rosa Martinese...... Estate of Frank P. Guarino, deceased, in the $6,-800.00 Antorilo Guarino, 2700 Marion Ave., 34.00 Surrogate’s Court, Kings County, New Bronx, N. Y., and Carolyn G. Iannuz- York; Docket No. 7577-43. • ziello, 105 72d St., Brooklyn, N. Y.; Trustees. Item S Biagio Guarino...... Same...... 3,400.00 Same...... 17.00 Item i Michael Guarino...... Same...... 3,400.00 Same______17.00 Item 6 Señora Angela M. Lenta...... do...... Estate of Florence Halsey, deceased, in the 5,000.00 Benjamin S. Halsey, Sr., Harriman Road, 32.00 Surrogate’s Court, Dutchess County, Irvington, N. Y„ and Elizabeth Miele, N. Y. Hiddenhurst, Coleman Station, N. Y., Executors. Item 6 Bepa Acelin also known as Yugoslavia-...... Estate of Michael Acalin, also known as 1,699.65 Public Administrator, New York County, 35.86 Yesipa Acalin, also known as Mike Acelin, also known as Mike Acalin, 31 Chambers St., New York, N. Y. Zlaria. deceased, in the Surrogate’s Court, New York County, N. Y.; Index No. A-2384— 1943. $ Item7 Julia Acalin also known as ...... d o --...... Sam e...... 2,799.31 59.06 “Mary” Acalin. Item 8 Thyre Petersen...... Denmark ___ Estate of Walter Nielsen, deceased, Spro* 710.49 Public Administrator New York County, 86.00 gate’s Court, New York, N. Y.; Index No. 81 Chambers St., New York, N. Y. A-2976—1943.

1 Income from trust under will of Estelle Anderson, deceased. [F. R. Doc. 47-520; Filed, Jan. 17, 1947; 8:49 a. m.] Tuesday, January 21, 1947 FEDERAL REGISTER 429

[Vesting Order CE 354] 3. That as a result of such action or in amounts equal to the sums stated in Column 6 of said Exhibit A. Costs and E x p e n se s I ncurred i n C ertain proceeding each-of said persons obtained A ctions or P roceedings i n C ertain or was determined to have the property The term “designated enemy country” N ew Y ork C ourts particularly described in Column 4 of as used herein shall have the meaning said Exhibit A opposite such person’s prescribed in section 10 of Executive Under the authority of the Trading name; Order 9193, as amended. The term with the Enemy Act, as amended, Execu­ “enemy-occupied territory” as used tive Order 9193, as amended, and Execu­ 4. That such property is in the posses­ herein shall have the meaning prescribed tive Order 9788, and pursuant to law, sion or custody of, or under the control in rules of procedure, Office of Alien after investigation, it having been of, the person described in Column 5 of Property, § 501.6 (8 CFR, Cum. Supp., found: said Exhibit A opposite such property ; 503.6). 5. That, in taking such measures in 1. That dach of the persons named in (40 Stat. 411; 55 Stat. 839; Pub. Column 1 of Exhibit A, attached hereto each of such actions or proceedings, costs Law 322, 79th Cong., 60 Stat. 50; Pub. and by reference made a part hereof, and expenses have been incurred in the Law 671, 79th Cong., 60 Stat. 925; 50 was a person within the designated amount stated in Column 6 of said Ex­ U. S. C. and Sup. App. 1, 616; E. O. 9193, enemy country qr the enemy-occupied hibit A opposite such action or proceed­ July 6, 1942, 7 P. R. 5205; 3 CFR Cum.- territory identified in Column 2 of said ing; Supp.; E. O. 9567, June 8, 1945, 10 P. R. Exhibit'A opposite such person’s name; Now, therefore, there is hereby vested 6917, 3 CPR, 1945 Supp.; E. O. 9788, 2. That it was in the interest of the in the Attorney General of the United Oct. 14, 1946, 11 F. R. 11981) United States to take measures in con­ States, to be used or otherwise dealt nection willi representing each of said Executed at Washington, D. C., on With in the interest of and for the benefit January 14,1947. persons in the court or administrative of the United States, interests in the action or proceeding identified in Column For the Attorney General. 3 of said Exhibit A opposite such person’s property in the possession or custody of, name, and such measures having been* or under the control of, the persons de­ [ seal] D onald C. C o o k , taken; scribed in Column 5 of said Exhibit A Director. E x h ib it A

Column 1 Column Column 3 Column 4 Column 5 Column 6 Name Country or territory Action or proceeding Property Depositary Sum vested

Item 1 Germany.....!_____ Estate of Louise Sutor, deceased, Surrogate’s $645.61 Treasurer of the City of New York, Mu- $106.00 Court, Bronx County, N. Y.; Index No. nicipal Bldg*, New York, N. Y. 197-P t 1942. Item 8 Maria Libera Barone, Cristina Ttaly Estate of Antonio Barone, deceased, Surro­ 137.20 28.00 Barone, Carmela Barone and gate’s Court, Bronx County, N. Y. Ouiseppe Barone. Item S Estate of Mffchele De Simone, deceased, 131.73 25.00 Surrogate’s Court, Bronx County, N. Y.; Docket No. 56A-1942. Item 4 Estate of Samuel Lazarowitz, deceased, Sur- 760.36 67.00 rogate’s Court, Bronx County N. Y.; Pile No. 491A-1943. Item 5 Estate of Edward Szumski, deceased, Surro- 95.09 9.00 gate’s Court, Bronx County, N. Y.; Index No. 549-P-1937. Item 6 rjn 95.09 9.00 Item 7 95.09 9.00 Item 8 Same...... 665.56 37.00

[F. R. Doc. 47-528; Filed, Jan. 17, 1947; 8:50 a. m.]

[Vesting Order 7969] many, are nationals of a designated en­ and it is hereby determined: emy country (Germany) ; 5. That to the extent that the above F ranz M , B rambach 3. That all right, title, interest and named person and the issue, names un­ In re: Estate of Franz M. Brambach, claim of any kind or character whatso­ known of Augusta Berger, are not within deceased. Pile D-28-9508; E. T. Sec. ever of the persons identified in subpara­ a designated enemy country, the national 12877. graphs 1 and 2 hereof, and each of them, interest of the United States requires Under the authority of the Trading in and to the estate of Franz M. Bram­ that such persons be treated as nationals with the Enemy Act, as amended, Ex­ bach, deceased, is property payable or of a designated enemy country (Ger­ ecutive Order 9193, as amended, and Ex­ deliverable to, or claimed by, the afore­ many) . ecutive Order 9788, and pursuant to law, said nationals of a designated enemy All determinations and all action re­ after investigation, it is hereby found: country (Germany) ; quired by law, including appropriate con­ 1. That Augusta Berger, whose last 4. That such property is in the process sultation and certification, having been known address is Germany, is a resident of administration by Anna B. Russell, as made and taken, and, it being deemed of Germany and a national of a desig­ Executrix of the Estate of Franz M. necessary in the national interest, nated enemy country (Germany); Brambach, deceased, acting under the There is hereby vested in the Attorney 2. That the issue, names unknown, of judicial supervision of the Surrogate’s General of the United States the prop­ Augusta Berger, who there is reasonable Court, Westchester County, State of New erty described above, to be held, used, cause to believe are residents of Ger- York; administered, liquidated, sold or other- No. 14------4

A 430 NOTICES

wise dealt with in the interest of and for 9567, June 8, 1945, 10 P. R. 6917, 3 CPR, A rne B rasch the benefit of the United States. 1945 Supp.; E. O. 9788, Oct. 14, 1946, 11 The terms “national” and “designated P. R. 11981) NOTICE OP INTENTION TO RETURN VESTED enemy country” as used herein shall PROPERTY have the meanings prescribed in section Executed at Washington, D. C., on 10 of Executive Order 9193, as amended.* January 10,1947. Pursuant to section 32 (f) of the Trad­ . For the Attorney General. ing with the Enemy Act, as amended, (40 Stat. 411; 55 Stat. 839, Pub. Law 322, notice is hereby given of intention to re­ 79th Cong., 60 Stat. 50; Pub. Law 671, [seal] D onald C. C ook, turn the following vested property on or 79th Cong., 60 Stat. 925; 50 U. S. C. and Director. after 30 days from the date of the publi­ Sup. App. 1, 616; E. O. 9193, July 6, 1942, [F. R. Doc. 47-515; Piled, Jan. 17, 1947; cation hereof, less any authorized de­ 7 P. R. 5205, S^CFR, Cum. Supp.; E. O. 8:48 a. m.] ductions:

Claimant Claim No. Vesting Order No. t Property 1 Location Arno Brasch. New York Cit,^r N. Y _ . A-304, A-271...... 201 (8 F. R. 6251____ Half interest in U. S. letters Patent Nos. 1,931,475,1,957,008, Washington, D. C. 2,005,021, 2,043,733, 2,099,327.

Executed at Washington, D. C., on The terms “national” and “designated national interest of the United States re­ January 15, 1947. . enemy country” as used herein shall quires that such persons be treated as na­ For the Attorney General. have the meanings prescribed in section tionals of a designated eneftiy country 10 of Executive Order 9193, as amended. (Germany). [ seal] D onald C. C ook, All determinations and all action re­ Director. (40 Stat. 411; 55 Stat. 839; Pub. Law 322, 79th Cong., 60 Stat. 50; Pub. Law 671, quired by law, including appropriate [F. R. Doc. 47-568; Piled, Jan. 20, 1947; 79th Cong., 60 Stat. 925; 50 U. S. C. and "consultation and certification, having 8:46 a. m .] Sup. App. 1, 616; E. O. 9193, July 6, been made and taken, and, it being 1942, 7 P. R. 5205, 3 CPR, Cum. Supp.; deemed necessary in the national in­ E. O. 9567, June 8, 1945, 10 P. R. 6917, terest, 3 CPR, 1945 Supp.; E. O. 9788, Oct. 14, There is hereby vested in the Attorney [Vesting Order 7970] 1946,11 P. R. 11981) General of the United States the prop­ A u g u st H oeing erty described above, to be held, used, Executed at Washington, D. C., on administered, liquidated, sold or other­ In re: Estate of August Hoeing, de­ January 10, 1947.' wise dealt with in the interest of and ceased. Pile D-28-10882; E. T. Sec. For the Attorney General. for the: benefit of the United States. 15341. The terms “national” and “designated Under the authority of the Trading [ seal] D onald C. C ook, enemy country” as used herein shall with the Enemy Act, as amended, Execu­ Director. have the meanings prescribed in section tive Order 9193, as amended, and Execu­ [F. R. Doc. 47-516; Filed, Jan. 17, 1947; 10 of Executive Order 9193, as amended. tive Order 9788, and pursuant to law, 8:48 a. m.] after investigation, it is hereby found: (40 Stat. 411; 55 Stat. 839; Pub. Law 322, 1. That Christine Hoeing, Anna Hoe­ 79th Cong., 60 Stat. 50; Pub. Law 671, ing, and Franz Hoeing, whose last 79th Cong., 60 Stat. 925; 50 U. S. C. and known address is Germany, are residents [Supplemental Vesting Order 7971] Sup. App. 1, 616; E. O. 9193, July 6,1942, of Germany and nationals of a desig­ 7 P. R. 5205, 3 CPR, Cum. Supp.; E. O. nated enemy country (Germany); J . H. Q uekem eyer 9567, June 8, 1945, 10 P. R. 6917, 3 CPR 2. That all light, title, interest and In re: Estate of J. H. Quekemeyer, de­ 1945 Supp.; E. O. 9788, Oct. 14, 1946, 11 claim of any kind or character whatso­ ceased, Pile D-28-10072; E. T. see. P. R. 11981) ever of the persons named in subpara­ 14318. Executed at Washington, D. C., on graph 1 hereof, and each'of them, in, to Under the authority of the Trading January 10, 1947. and against the estate of August Hoeing, with the Ehemy Act, as amended, Execu­ deceased, is property payable or deliver­ tive Order 9193,-as amended, and Ex­ For the Attorney General. able to, or claimed by, the aforesaid na­ ecutive Order 9788, and pursuant to law, [ seal] D onald C. C ook, tionals of a designated enemy country after investigation, it is hereby found: Director. (Germany); 1. That the children of Anna Boenker, [F. R. Doc. 47-517; Filed, Jan. 17, 1947; 3. That such property is in the process also known as Anna Lonskur, deceased, 8:49 a. m.] of administration by Rev. Frank Hartleb, and the children of Elise von Drehle, de­ as executor, acting under the judicial ceased, whose last known address is supervision of the Orphans’ Court of Germany, are residents of Germany and Mercer County, Erie, Pennsylvania; nationals of a designated enemy country [Vesting Order CE 350] (Germany) ; and it is hereby determined: C osts and E x pe n se s I ncurred in C ertain 4. That to the extent that the persons 2. That all right, title, interest and claim of any kind or character whatso-. -A ctions or P roceedings i n C ertain named in subparagraph 1 hereof are not C alifornia C ourts within a designated enemy country, the ever of the persons named in subpara­ national interest of the United States graph 1 hereof, and each of them, in and Under the authority of the Trading requires that such persons be treated as to the estate of J. H. Quekemeyer, de­ with the Enemy Act, as amended, Execu­ nationals of a designated enemy country ceased, is property payable or deliverable tive Order 9193, as amended, and Execu­ (Germany). to, or claimed by, the aforesaid nationals tive Order 9788, and pursuant to law, All determinations and all action re­ of a designated enemy country (Ger­ after investigation, it having been found: quired by law, including appropriate many) ; 1. That each of the persons named in consultation and certification, having 3. That such property is in thel>rocess Column 1 of Exhibit A, attached hereto been made and taken, and, it being of administration by Delta National and by reference made a part hereof, was deemed necessary in the national Bank of Yazoo City, as executor, acting a person within the designated enemy interest, tinder the judicial supervision of The country or the enemy-occupied territory There is hereby vested in the Attor­ Chancery Court of Yazoo County, Missis­ identified in Column 2 of said Exhibit A ney General of the United States the opposite such person’s name; sippi; 2rThat it was in the interest of the property described above, to be held, and it is hereby determined: United States to take measures in con­ used, administered, liquidated, sold or 4. That to the extent that the persons nection with representing each of said otherwise dealt with in the interest of named in subparagraph 1 hereof are not persons in the court or administrative and for the benefit of the United States. within a designated enemy country, the action or proceeding identified in C olu m n Tuesday, January 2T, 1947 FEDERAL REGISTER 431 3 of said Exhibit A opposite such person’s erty which said persons obtain or are (40 Stat. 411; 55 Stat. 839; Pub. Law 322, name, and such measures having been determined to have as a result of said 79th Cong., 60 Stat. 50; Pub. Law 671, * actions or proceedings in amounts equal 79th Cong., 60 Stat. 925; 50 U. S. C. and 3. That, in taking such measures in to the sums stated in Column 4 of said Sup. App. 1, 616; E. O. 9193, July 6, 1942, each of such actions or proceedings, costs Exhibit A. 7 P. R. 5205; 3 €FR, Cum. Supp.; E. O. and expenses have been incurred in the The term “designated enemy country” 9567, June 8, 1945, 10 P. R. 6917; 3 CFR, amount stated in Column 4 of said Ex­ as used herein shall have the meaning 1945 Supp.; E. O. 9788, Oct. 14, 1946, hibit A opposite the action or proceeding prescribed in section 10 of Executive 11 P. R. 11981) identified in Column 3 of said Exhibit A; Order 9193, as amended. The term Executed at Washington, D. C., on Now, therefore, there is hereby vested “enemy-occupied territory” as used January 14, 1947. herein shall have the meaning prescribed in the Attorney General of the United For the Attorney General. States, to be used or otherwise dealt with in rules of procedure, Office of Alien in the interest of and for the benefit of Property, § 50i.6 (8 CFR, Cum. Supp., [ seal] D onald C. C ook, the United States, interests in the prop- 503.6). Director.

E x h ib it A

Column 4 Column 1 Column 2 Column 3 Sum vested Name Country or territory Action or proceeding

Item 1 Norway. Estate of Armund Haughen, also known as Amund Haugen, also known as $8.00 Hans Nordhaug. Amound Haugen, deceased, Superior Court, State of California, in and for the County of San Diego; No. 31226. Item S 8.00 Thea Nordhaug...... ItemS 8.00 Olav Nordhaug...... — -----—=- . Item 4 8.00 Martha Nordhaug...... Item 5 8.00 Jorgine Nordhaug...... / Item 6 8.00 Mrs. Syverine Nordsven----- ...... Item 7 8.00 Children of Mrs. Anita Olson, deceased. ItemB China. Estate of John Plover, deceased, Superior Court, State of California, In and for 37.00 Kathryn M. Dorrer. the City and County of San Francisco; No. 68207. Item 9 .do. Estate of Lee Bow, deceased, Superior Court, State of California, in and for the 39.00 Sue Lee. County of Solano; No. 8840. Item 10 .do. Estate of Jacob Fegelbom, deceased, Superior Court, State of California, in and 63.00 Fannie Fegelbom. for the County of Los Angeles; No. 211471. Item 11 France. Estate of Fawcett Robinson, deceased, Superior Court, State of California, in 35.0 Winifred Risden. and for the County of Los Angeles; No. 66586. Item IS , Estate of Louis Caster, deceased, Superior Court, State of California, in and for 67.00 Mrs. Chain Gitelman or her heirs. the County of Los Angeles; No. 219134. ' • Item IS 29.00 Mrs. Nison Fridman or her heirs...... Item H 29.00 Mrs. Samuel Rabinovicious or her heirs. Item 15 29.00 Mrs. P. Karlik or her heirs...... Item 16 Estate of Andrew Mattson, also known as A. Mattson, deceased, Superior 20.00 Ester Mortensen__ ... Court, State of California, in and for the County of Alameda; No. 86989. Item 17 20.00 Emma Mortensen___ Item 18 Luxembourg. Estate of Peter Lorang, deceased, Superior Court, State of California, in and 41.00 Margareta Cicumlack. for the County of Los Angeles; No. 227556. Item 19 16.00 Board of Directors, ChebraBikur Oholim, City ol Latvia. Estate of Julius Friedman, deceased, Superior Court, State of California, in and Mitau, Kurland, Russia (now Jelgawa, Latvia). for the City and County of San Francisco; No. 29 N. 8. u Item SO 16.00 Burgomaster of City of Mitau, Kurland, Russia, ___ do.. Same—...... ^...... (now Jelgawa, Latvia). Item SI Poland. Estate of Saul Adam Oiechanow, also known as S. A. Oiechanow, also known as 39.00 Leokadie Gutgisser. Stan A. Oiechanow, deceased, Superior Court, State of California, in and for the City and County of San Francisco; No. 93084.

jp, R. Doc. 47-524; Piled, Jan. 17, 1947; 8:50 a. m.J 432 NOTICES

[Vesting Order CE 347] action or proceeding identified in Column prescribed in section 10 of Executive C osts and E x p e n s e s I ncurred in C ertain 3 of said Exhibit A opposite such per­ Order 9193, as amended. The term A ctio ns or P roceedings in C ertain son’s name, and such measures having “enemy-occupied territory” as used N e w Y ork C ourts been taken; 3. That, in taking such measures in herein shall have the meaning prescribed Under the authority of the Trading each of such actions or proceedings, costs in rules of procedure, Office of Alien with the Enemy Act, as amended, Ex­ and expenses have been incurred in the Property, § 501.6 (8 CFR, Cum. Supp., ecutive Order 9193, as amended, and amount stated in Column 4 of said Ex­ 503.6). Executive Order 9788, and pursuant to hibit A opposite the action or proceed­ law, after investigation, it having been (40 Stat. 411; 55 Stat. 839; Pub. Law 322, ing identified in Column 3 of said Ex­ 79th Cong., 60 Stat. 50; Pub. Law 671, found: hibit A; 1. That each of the persons named in 79th Cong., 60 Stat. 925; 50 U. S. C. and Now, therefore, there is hereby vested Sup. App. 1, 616; E. O. 9193, July 6, 1942, Column 1 of Exhibit A, attached hereto in the Attorney General of the United and by reference made a part hereof, was States, to be used or otherwise dealt with 7 F. R. 5205; 3 CFR Cum. Supp.; E. O. a person within the designated enemy in the interest of and for the benefit of 9567, June 8, 1945, 10 F. R. 6917; 3 CFR, country or the enemy-occupied territory the United States, interests in the prop­ 1945 Supp.; E. O. 9788, Oct. 14, 1946, 11 identified in Column 2 of said Exhibit A erty which said persons obtain or are F. R. 11981) opposite such person’s name; determined to have as a result of said Executed at Washington, D. C., on 2. That it was in the interest of the actions' or proceedings in amounts equal January 14, 1947. to the sums stated in Column 4 of said United States to take measures in con­ Exhibit A. For the Attorney General. nection with representing each of said The term “designated enemy country’’ persons in the court or administrative [seal] D onald C. C ook, as used herein shall have the meaning Director.

E x h ib it A

Colunin 1 Column 2 Column 3 Column 4 Name Country or territory Action or proceeding Sum vested r ' / Item 1 Paula Prager...... Estate of Philip Berolzheimer, deceased, in Surrogate’s Court, New York $173.00 County, Jfc Y.; Index No. P-1203/1942. Item i Marie LInck.__.___ . Estate of Edmond Llnck, deceased, in Surrogate's Court, St. Lawrence 24.00 County, N. Y. Jeanne Llnck...... „ Item S 24.00 Item 4 Wilhelm Schulz...______Denmark___ Estate of Ernst Schulz, deceased, in Surrogate’s Court, Nassau County, N. Y.; 26.00 Docket No. 40432-1943. Item 5 Manla Milikofeby______Poland...... Estate ofCharles Melikow, also known as Charles Milikow, deceased, in Surro­ 37.00 gate s Court, New York County, N. Y.; Index No. P-562-1944. Item 6 Bozena Bisicka, also known as Bozena Bischitzky Czechoslovakia or Mrs. Mila Gelobter, or Hyman Gelobter, Estate of Vlasta Bishop, deceased, in Surrogate’s Court, New York County, 58.00 Anna Friedlander, Dr. Bozena Matousek and N. Y.; Index No. P-773-1945. Trude Roth. Itemi Marie De Blauwe...... Belgium...... Bond & Mortgage Guarantee Co., Supreme Court, Kings County, N. Y.: 50.00 Series No. 181384; Certificate No. 119310. ~ ’ ’

[F. R. Doc. 47-521; Filed, Jan. 17, 1947; 8:49 a. m.]

[V esting Order CE 355] 3. That as a result of such action or in amounts equal to the sums stated in C o sts and E x p e n se s I ncurred in C ertain proceeding each of said persons ob­ Column 6 of said Exhibit A. A ctio ns or P roccedings i n C ertain tained or was determined to have the The term “designated enemy country” H a w a ii C ourts property particularly described in Col­ as used herein shall havd the meaning Under the authority of the Trading umn 4 of said Exhibit A opposite such prescribed in section 10 of Executive with the Enemy Act, as amended, Ex­ person’s name; Order 9193, as amended. The term ecutive Order 9193, as amended, and 4. That such property is in the pos­ “enemy-occupied territory” as used Executive Order 9788, and pursuant to session or custody of, or under the con­ herein shall have the meaning prescribed law, after investigation, it having been trol of, the person described in Column in rules of procedure, Office of Alien found: 5 of said Exhibit A opposite such prop­ Property, § 501.6 (8 CFR, Cum. Supp., 1. That each of the persons named erty; 503,6). In Column 1 of Exhibit A, attached 5. That, in taking such measures in (40 Stat. 411; 55 Stat. 839; Pub. Law 322, hereto and by reference made a part each of such actions or proceedings, costs hereof, was a person within the desig­ 79th Cong., 60 Stat. 50; Pub. Law 671, and expenses have been incurred in the 79th Cong., 60 Stat. 925; 50 U. S. C. and nated enemy country or the enemy-oc­ amount stated in Column 6 of said Ex­ cupied territory identified in Column 2 Sup. App. 1, 616; E. O. 9193, July 6, 1942, of said Exhibit A opposite such person’s hibit A opposite such action or proceed­ 7 F. R. 5205, 3 CFR, Cum. Supp.; E. O. name; ing; 9567, June 8, 1945, 10 F. R. 6917, 3 CFR 2. That it was in the interest of the Now, therefore, there is hereby vested 1945 Supp.; E. O. 9788, Oct. 14, 1946, 11 United States to take measures in con­ in the Attorney General of the United F. R. 11981) nection with representing each of said States, to be ûsed or otherwise dealt persons in the court or administrative with in the interest of and for the bene­ Executed at Washington, D. C., on action or proceeding identified in Col­ fit of the United States, Interests in the January 14,1947. umn 3 of said Exhibit A opposite such property in the possession or custody of, For the Attorney General. person’s name, and such measures hav­ or under the control of, the person de* [ seal] D onald C. C ook, ing been taken; scribed in Column 5 of said Exhibit A Director. Tuesday, January 21, 1947 FEDERAL REGISTER ' 433

E xhibit A

Column 6 Column 1 Column 1 Column 8 Column 4 Column 8 Sum vested Name Country or territory Action or proceeding Property Depositary

Item 1 $69.00 Mecaela Torralba Villa, also Estate of Jose Torralba Villa, deceased, in $6,622.78 Bank of Hawaii, Hilo, Hawaii, in Savings known as Francisca T. Ca- the Circuit Court of the Third Judicial Account. laycay. Circuit, Hilo, Hawaii; Probate No. 1596. Item 9 1,123.87 Hawaiian Trust Coj, Ltd., 120 South 9.00 King St., Honolulu, T. H. Item 8 - 19.00 Norma Moiscs.,-,.«».».«—»-»- 2,247.73 Item 4 ...... do...... Estate of Donato Rafanan Amodo, deceased. 384.43 Wilder Wright, Administrator, 318 Mo- 6.00 in the Circuit Court of the First Judicial Candless Bldg., Honolulu, T. H. Circuit, T. H., Honolulu, T. H. ItemS 384.43 ...... do...... 6.00 Item 8 384.43 ...... do...... 6.00 Item 7 384.44 ...... do...... 6.00 Item 8 384.44 „....d o ...... :...... 6.00 Item 9 Heirs and next of kin of Clara 384.44 ...... do...... 6.00 Amodo Quitog, deceased. Item 10 China...... Estate of Goo Kon. et al., deceased, in the 377.97 Bishop National Bank of Hawaii, Hono- 30.00 Circuit Court of the First Judicial Circuit, lulUjjr. H. Honolulu, T. H.; P. No. 13258. Item 11 ...... do--...... Estate of Lau Bow, also known as Lau Po, 1,088.60 Wilder Wright, 206 Hawaiian Trust 15.00 deceased, in the Circuit Court of the First Building, Honolulu, T. H. Judicial Circuit, Honolulu, T. H., P. No. 13596. Item It 2,177.20 Sam e...... -...... 31.00 Item IS - do ...... Estate of Wong On, deceased, in the First 400.35 The Liberty Bank oT Honolulu, 99 N. 10.00 Circuit Court, Honolulu, T. H.; Probate King Street, Honolulu, T. H. Blocked No. 12672. Account No. 16671. Item 14 1,000.90 The Liberty Bank of Honolulu, 99 N. 24.00 King Street, Honolulu, T. H. Blocked Account No. 16672. Item 15 400.35' The Liberty Bank of Honolulu, 99 N. 10.00 King Street, Honolulu, T. H. Blocked - Account No. 16673. Item 18 400.35 The Liberty Bank of Honolulu, 99 N. 10.00 King Street, Honolulu, T. H. Blocked Account No. 16674. Item 17 Guardianship of Georgette Andresen, a »400.00 Hawaiian Trust Company, Ltd., 120 S. 35.00 Minor, in the Circuit Court of the First 2 322.53 King St., Honolulu, T. H. Judicial Circuit, Honolulu, T. H.; P. No. 9274. % Item 18 Estate of Nella Amadei, deceased, in the 2,646.74 Hawaiian Trust Co., Ltd., 120 South 7.00 First Circuit Court, Honolulu, T. H.; King St., Honolulu, T. H. P. No. 12516. Item 19 2,646.74 ...... do...... 7.00 Item tO 2,646.74 7.00 Itemtl 2,646.74 ...... do...... -...... 7.00 Item it 2,646.74 ...... do...... -...... ' 7.00 1 1 Stock*. * Cash. [F. R. Doc. 47-529; filed, Jan. 17, 1947; 8:50 a. m.] «

[Vesting Order CE 343] utive Order 9193, as amended, and Ex­ emy country or the enemy-occupied ter­ ecutive Order 9788, and pursuant to law, ritory identified in Column 2 of said Ex­ C osts and E x p e n se s I ncurred i n C ertain after investigation, it having been found: hibit A opposite such person’s name; A ctions or P roceedings i n C ertain 1. That each of the persons named in 2. That it was in the interest of the N ew Y ork C ourts Column 1 of Exhibit A, attached hereto United States to take measures in con­ Under the authority of thè Trading and by reference made a part hereof, nection with representing each of said with the Enemy Act, as amended, Exeo- was a person within the designated en­ persons in the court or administrative 434 NOTICES

action or proceeding identified in Column amount stated in Column 6 of said Exhib­ shall have the meaning prescribed in 3 of said Exhibit A opposite such person’s it A opposite such action or proceeding; rules of procedure, Office of Alien Prop­ name, and such measures having been Now, therefore, there is hereby vested erty, § 501.6 (8 CFR, Cum. Supp., 503.6}. taken! in the Attorney General of the United 3. That as a result of such action or States, to be used or otherwise dealt with (40 Stat. 411; 55 Stat. 839; Pub. Law 322, proceeding of each of said persons ob­ in the interest of and for the benefit of 79th Cong., 60 Stat. 50; Pub. Law 671, tained or was determined to have the the United States, interests in the prop­ 79th Cong., 60 Stat. 925; 50 U. S. C. and property particularly described in Col­ erty in the possession or custody of, or Sup. App. 1,616; E. O. 9193, July 6,1942,7 umn 4 of saidN Exhibit A opposite such under the control of, the persons de­ P. R. 5205; E. O. 9567, June 8, 1945, 10 person’s name; scribed in Column 5 of said Exhibit A in P. R. 6917; E. O. 9788, Oct. 14, 1946, 11 4. That such property is in the posses­ amounts equal to the sums stated in P. R. 11981) sion or custody of, or under the control Column 6 of said Exhibit A. Executed at Washington, D. C., on of, the person described in Column 5 of The term “designated enemy country” January 10, 1947: said Exhibit A Opposite such property; as used herein shall have the meaning 5. That, in taking such measures in prescribed in section 10 of Executive Or­ For the Attorney General. each of such actions or proceedings, costs der 9193, as amended. The term “en* [ seal] D onald C. C ook, and expenses have been incurred in the emy-occupied territory” as used herein . Director.

E x h ib it A

Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Nanie Country or territory Action or proceeding Property „ Depositary Sum vested

Item 1 Joseph Handler...... Estate of Peter Handler, deceased, Surro­ gate’s Court, Kings County, N. Y.; Dock­ $1,000.00 Otto P. Burkard, Executor, 109-07 85th $10.00 et No. 7135-1944. Ave,, Richmond Hill, Long Island, N. Y. Item t Children of George Handler__ ...... do...... Same______1,000.00 10.00 ItemS Marie Frank (daughter of Paul ...... do...... Same.. 600.00 5.0Q Handler, deceased.) Item 4 Magdalena Rossi...... do...... Same.. 800.00 8.00 Item 5 Marie Maurin_____ ...... France______Same.. 400.00 6.00 Item 8 John Rossi...... Austria...... Same 400.00 6.00 Item 7 Joseph Rossi...... Same.. 400.00 5.00 Item 8 Anton Rossi...... Same 400.00 6.00 Item 9 Frank Handler...... Yugoslavia...... Same 1,000.00 "lO.OO Item 10 Mary Putre...... do...... Same.. 500.00 *5.00 Item 11 Margaretha Arko...... Same_ 1,000.00 10.00 Item It John Lackner...... Same... 700.00 6.00 Item IS Flori Lackner...... Same 800.00 8.00 Item 14 Anna Lackner...... Same_ 400.00 5.00 Item 15 Alexander Berenson...... Ttaly...... 1 Estate of Vladimir Berenson, deceased, . 3,000.00 Antonie Berenson, 11 West 69th St., New 45,00 9 Surrogate’s Court, New York County, York, N. Y., and Herman J. Tart, 240 N. Y.; Index No. P-1358/1943. Central Park So., New York, N. Y., Executors. Item 16 Miron Berenson...... Yugoslavia...... Estate of Vladimir Berenson, deceased, Sur­ $3,000.00 45.00 rogate’s Court, New York County, N. Y.: Indc| No. P-1358/1943. Item 17 Marion O. Bourbon Del Italy...... ■_...... Estate of Katharine M. Walsh, deceased, 0) Grenville B. Winthrop, Jr., 34 Valley Rd., 17.50 Monte. Surrogate’s Court, New York County, Scarsdale, N. Y. \ N.Y. Item 18 Catharine A. M. Bosio...... do...... Same...... 0) dn...... 17.50 Item 19 Mary Naprava...... Estate of Anna Buresch, deceased, Surro­ («) Henrietta Case, Star Route, City of Hud­ 64J30 gate’s Court, Westchester County, N. Y.: son, Columbia County, N. Y., and John * Docket No. 1189-1943. J. McQuade, 85 Bronx River Rd., Yon­ kers, N. Y., Executors. Item to Bozena Paprava...... Same. _____ . .. 0) 64.00 Item tl Frank Naprava...... Same__ 0 .77.00

i Income from Trust under will of Katharine M. Walsh, deceased. 8 Income from $2,500. 1 Income from $3,000. [F. R. Doc. 47-476; Filed, Jan. 16, 1947; 8:50 a. m .] Tuesday, January 21, 1947 FEDERAL REGISTER 435

[Vesting Order CE 351] 3. That as a result of such action or The term “designated enemy country” proceeding each of said persons obtained as used herein shall have the meaning Costs and E x pe n se s I ncurred i n C ertain or was determined to have the property prescribed in section 10 of Executive Or­ A ctions or P roceedings i n C ertain particularly described in Column 4 of der 9193, as amended. The term Connecticut and M assachusetts said Exhibit A opposite such person’s “enemy-occupied territory” as used Courts name; herein shall have the meaning prescribed Under the authority of the Trading 4. That such property is in the posses­ in rules of procedure, Office of Alien with the Enemy Act, as amended, Execu­ sion or Custody of, or under the control Property, § 501.6 (8 CFR, Cum. Supp., tive Order 9193, as amended, and Exec­ of, the person described in . Column 5 503.6). utive Order 9788,* and pursuant to law, of said Exhibit A opposite such property; after investigation, it having been found: 5. That, in taking such measures in (40 Stat. 411; 55 Stat. 839; Pub. Law 322, 1. That each of the persons named in each of such actions or proceedings, costs 79th Cong., 60 Stat. 50; Pub. Law 671, Column 1 of Exhibit A, attached hereto and expenses have been incurred in the 79th Cong., 60 Stat. 925; 50 U. S. C. and and by reference made a part hereof, amount stated in Column 6 of said Sup. App. 1, 616; E. O. 9193, July 6, 1942, was a person within the designated Exhibit A opposite such action or pro­ 7 P. R. 5205; 3 CFR, Cum. Supp.; E. O. enemy country or the enemy-occupied ceeding"; Now, therefore, there is hereby vested 9567, June 8, 1945, 10 F. R. 6917; 3 CFR, territory identified in Column 2 of said 1945 Supp.; E. O. 9788, Oct. 14, 1946, 11 Exhibit A opposite such person’s name; in the Attorney General of the United 2. That it was in the interest of the States, to be used or otherwise dealt with F. R. 11981) United States to take measures in con­ in the interest of and for the benefit of Executed at Washingtoh, D. C., on nection with representing each of said the United States, interests in the prop­ January 14, 1947. persons in the court .or administrative erty in the possession or custody of, or action or proceeding identified in Col­ under the control of, the persons de­ For the Attorney General. umn 3 of said Exhibit A opposite such scribed in Column 5 of said Exhibit Av person’s name, and such measures hav­ in amounts equal to the sums stated in [ seal] D onald C. C o o k , ing been taken; Column 6 of said Exhibit A. Director.

E x h ib it A

Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Name Country or territory Action or proceeding Property Depositary Sum vested

Item 1 Estate of Alessandro LaPorta, deceased, '$300.00 Hocco A. Civitello, Administrator, 80 $28.00 Probate Court, District of New Haven, Shepard St., New Haven, Conn. Conn. Item t ‘ 200.00 19.00 Item S ‘200.00 19.00 Item 4 >200.00 19.00 Item 6 ...... do...... Estate of Joseph Baschella, deceased, Pro- 2, 331.86 Humbert R. Quadrino, Executor, 7 West- 87.00 bate Court, District of New Haven, Conn; erleigh Hoad, New Haven, Conn. Item 6 2,331.86 87.00 Item 7 ...... do...... Estate of Antonino Panucci, deceased, Pro- 557.01 Filomena Cardellicchio, Administratrix, 51.20 bate Court, District of Groton, Conn. 26 Denison Ave., Groton, Conn. Item 8 278.51 ...... do...... 25.6 Item 9 278.51 25.60 Item Id 278.61 ...... do...... 25.60 Item 11 Estate of Jacob Lukaszyk, deceased, Pro- 190.46 Naugatuck Savings Bank, Naugatuck, 35.00 bate Court, District of Naugatuck, Conn. Conn., Account No. 48962, pora Pave- lene Hamaranik. Item It Italy...... Estate of Prisco Maccariello, deceased. Pro- 801.34 Peter A. Leonardi, Jr., Administrator, 8 43.25 bate Court, District of New Haven, Conn. West Rock Ave., New Haven, Conn. Item 18 801.34 43.25 Item H 801.34 43.25 Item 15 do 801.35 43.25 Item 18 Harold Winthrop___ _ E rano« _ Trust under the Will of Annie Neilson Our- (9 City Bank Fanners Trust Co,, Trustee, 124.00 tis, deceased, f/b/o Harold WinthfOp, et al, 22 William St., New York, N. Y. Probate Court, Suffolk County, Mass.; No. 297068.

'Approximately. * Income from Trust under Will of Annie Neilson Curtis, deceased. [F. R. Doc. 47-525; Filed, Jan. 17, 1947; 8:50 a. m .]

% 436 NOTICES

[Vesting Order CE 348] 3 of said Exhibit A opposite such person’s prescribed in section 10 of Executive C osts and E x pe n se s I ncurred in C ertain name, and such measures having been Order 9193, as amended. The term A ctions or P roceedings i n C ertain taken; “enemy-occupied territory” as used C alifornia C ourts 3. That, in taking such measures in herein shall have the meaning pre­ each of such actions or proceedings, scribed in rules of procedure, Office of Under the authority of the Trading costs and expenses have been incurred Alien Property, § 501.6 (8 CFR, Cum. with the Enemy Act,'as amended, Execu­ in the amount stated in Column 4 of said Supp., 503.6) tive Order 9193, as amended, and Ex­ Exhibit A opposite the action or proceed­ ecutive Order 9788, and pursuant to law, ing identified in Column 3 of said Ex­ (40 Stat. 411; 55 Stat. 839; Pub. Law 322, after investigation, it having been found: hibit A; 79th Cong., 60 Stat. 50; Pub. Law 671 X. That each of the persons named in Now, therefore, there is hereby vested 79th Cong., 60 Stat. 925 ; 50 U. S. C. and Column 1 of Exhibit A, attached hereto in the Attorney General of the United Sup. App. 1, 616; E. O. 9193, July 6, 1942, and by reference made a part hereof, was States, to be used or otherwise dealt 7 P. R. 5205, 3 CFR, Cum. Supp.; E. O. a person within the designated enemy with in the interest of and for the benefit 9567, June 8, 1945, 10 F. R. 6917, 3 CFRj country or the enemy-occupied territory of the United States, interests in the 1945 Supp.; E. O. 9788, Oct. 14, 1946 11 identified in Column 2 of said Exhibit A property which said persons obtain or F. R. 11981) opposite such person’s name; are determined to have as a result of Executed at Washington, D. C., on 2. That it was in the interest of the said actions or proceedings in amounts January 14, 1947.\ United States to take measures in con­ equal to the sums stated in Column 4 nection with, representing each of said of said Exhibit A. For the Attorney General. pers&ns in the court or administrative The term “designated enemy country” [seal] D onald C. Cook, action or proceeding identified in Column as used herein shall have the meaning Director.

E x h ib it A v Column 1 Column 2 Column 3 Column 4 Name Country or territory Action or proceeding Sum vested

Item 1 Jean Lious Claverie...... France...... *.. *...... Estate of Jean B. Claverie, deceased, in the Superior Court of

Sophie Bacaloff (Bakalis)...... Greece...... ;. Estate of George Bacaloff, deceased, in the Superior Court of the State of ' 25.00 California, in and for the County of Santa Clara. Item 8 Louis Bacaloff (Bakalis)...... Same...... 25.00 Item 9 Vena Bacaloff...... Same...... 25.00 Item 10 Czechoslovakia Gymnasium... . Estate of Jan Nalepa, deceased, in the Superior Court of the-State of California, 47.00 in and for the County of Los Angeles; No. 22L471. Item 11 Josef Muzik___ ...... Estate of Behumil Muzik, also known as B. Muzik, deceased, in the Superior Court of the State of California, in and for the County of Los Angeles; No. 162936. Item 19 Friestel Pohl...... Estate of Anton Knittel, deceased, in the Superior Court of the State of Cali­ fornia, in and for the County of San Diego; No. 31703. 31.00 _ Item IS Edgar Pohl...... do...... *...... Sam e...... 31.00 _ Item 14 Herbert Pohl...... 31.00 1 [F. R. Doc. 47-522; Filed, Jan. 17, 1947; 8:49 a. m.]

[Vesting Order CE 353] tive Order 9788, and pursuant to law, 2. That it was in the interest of the after investigation, it having been found: C osts and E x pe n se s I ncurred i n C ertain United States to take measures in con­ 1. That each of the persons named innection with representing each of said A ctions or P roceedings i n C ertain Column 1 of Exhibit A, attached hereto C alifornia C ourts and by reference made a part hereof, persons in the court or administrative was a person within the designated action or proceeding identified in Column Under the authority of the Trading enemy country or the enemy-occupied 3 of said Exhibit A opposite such person’s with the Enemy Act, as amended, Execu­ territory identified in Column 2 of said name, and such measures having been tive Order 9193. as amended, and Execu­ Exhibit A opposite such person’s name; taken;

9 i Tuesday, January 21, 1947 FEDERAI REGISTER 437 3. That as a result of such action or Now, therefore, there is hereby vested Property, § 501.6 (8 CFR, Cum. Supp., proceeding each of said persons obtained in the Attorney General of the United 503.6). or was determined to have the property States, to be used or otherwise dealt with (40 Stat. 411, 55 Stat. 839; Pub. Law 322, particularly described in Column 4 of in the interest of and for the benefit 79th Cong/, 60 Stat. 50; Pub. Law 671, said Exhibit A opposite such person’s of the United States, interests in the 79th Cong., 60 Stat. 925; 50 U. S. C. and name; property in the possession or custody of, Supp. App. 1, 616, E. O. 9193, July 6, 4. That such property is in the pos­ or under the control of, the persons de­ 1942, 7 P. R. 5205, 3 CFR Cum. Supp., session or custody of, or under the con­ scribed in Column 5 of said Exhibit A in E. O. 9567, June 8, 1945, 10 F\ R. 6917; amounts equal to the sums stated in 3 CFR, 1945 Supp.; E. O. 9788, Oct. 14, trol of, the person described in Column 5 Column 6 of said Exhibit A. of said Exhibit A opposite such property; The term “designated enemy country” 1946, 11 F. R. 11981) 5. That, in taking such measures in as used herein shall have the meaning Executed at Washington, D. C., on each of such actions or proceedings, costs prescribed in section 10 of Executive January 14, 1947. and expenses have been incurred in the Order 9193, as amended. The term amount stated in Column 6 of said Ex­ “enemy-occupied territory” as used For the Attorney General. hibit A opposite such action or pro­ herein shall have the meaning prescribed [ seal] D onald C. C ook, ceeding; in rules of procedure, Office of Alien Director.

• E x h ib it A

Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Name Country or territory Action or proceeding Property Depositary Sum vested

Item 1 Russia______Estate of Dora Rosenberg, deceased, in the $1,000.00 Union Bank & Trust Co. of Los Angeles, $118.00 Superior Court of the State of California, 760 South Hill Street, Los Angeles, in and for the County of Los Angeles; No. Calif., Account in the name of Aaron »13489. Zamomick. Item i Poland...... Estate of Morris Binlicht, deceased, in the 1,434.58 Bank of America National Trust & Sav- 26.00 Superior Court of the State of California, ings Association, Main Office, Los Ange­ in and for the County of Los Angeles; No. les, Calif., Account No. 110895, in the 217736. name of Jached Dinlicht. Item S Same__ ..... ______1,434.58 Bank of America National Trust & Sav- 26.00 ings Association, Main Office, Los Ange­ les, Calif., Account No. 110891, in the name of Fayga Dinlicht. Item i Same...... 1,434.58 Bank of America National Trust & Sav- 26.00 ings Association, Main Office, Los Ange­ les, Calif., Account No. 110885, in the name of Shandel Dinlicht Rosensweig. Item 6 Estate of Rosario Iaconis, deceased, in the 2,640.27 C. A. Turner, Publie Administrator, 209 28.00 Superior Court of the State of California, West Miner St., Yreka, Siskiyou Coun­ in and for the County of Siskiyou; No. ty, Calif. 4338. Item 6 ...... do...... Estate of Antonio Lancione, deceased, in the 4,572.13 C. A. Turner, Public Administrator, 209 40.00 Superior Court of the State of California, West Miner St., Yreke, Siskiyou Coun­ in and for the County of Siskiyou; Probate ty, Calif. Probate No. 4447. Item 7

Charlotte Andree Whitcomb Estáte of A. C. Whitcomb, deceased, in the 0 J. B. Johnson, Trustee, 310 Sansome St., 41.00 Lepic. Superior Court of the State of California, San Francisco, Calif. in and for the City and County of San Francisco; No. 60794. ItemS ...... do...... Estate of Mary H. Lord, deceased; in the 0 . Security-First National Bank of Los 73.00 Superior Court of the State of California, Angeles, Trustee, 230 East Colorado St., in and for the County of Los Angeles; No. Pasadena, Calif. 64332.

1 Income from Trust under Will of A. O. Whitcomb, deceased. * Income from Trust under Will of Mary H. Lord, deceased. [P. R. Doc. 47-527; Filed, Jan. 17, 1947; 8:50 a. m.]

[Vesting Order CE 349] territory identified in Column 2 of said trol of, the person described in Column Exhibit A opposite such person’s name; 5 of said Exhibit A opposite such prop­ Costs and E x p e n se s I ncurred i n C ertain 2. That it was in the interest of the erty; A ctions or P roceedings i n C ertain United States to take measures in con­ 5. That, in taking such measures in N ew Y ork Courts nection with representing each of said each of such actions or proceedings, costs Under the authority of the Trading persons in the court or administrative and expenses have been incurred in the with the Enemy Act, as amended, Ex­ action or proceeding identified in Column amount stated in Column 6 of said Ex­ 3 of said Exhibit A opposite such per­ hibit A opposite such action or pro­ ecutive Order 9193, as amended, and son’s name, and such measures having Executive Order 9788, and pursuant to ceeding; been taken; Now, therefore, there is hereby vested law, after investigation, it having been 3. That as a result of such action or proceeding each of said persons obtained in the Attorney General of the United found: States, to be used or otherwise dealt 1. That each of the persons named in or was determined to have the property particularly described in Column 4 of with in the interest of and for the bene­ Column 1 of Exhibit A, attached hereto said Exhibit A opposite such person's fit of the United States, interests in the and by reference made a part hereof, name; property in the possession or custody of, was a person within the designated 4. That such property is in the pos- or under the control of, the persons de­ enemy ^Quntry oy the enemyroccupied session or custody of. or under the coai_ scribed in Column 5 of said Exhibit A 438 NOTICES in amounts equal to the sums stated In Property, § 501.6 (8 CFR, Cum. Supp., 1945 Supp.; E. O. 9788, Oct. 14, 1946, 11 Column 6 of said Exhibit A. 503.6). F. R. 11981) The term “designated enemy country” as used herein shall have tlfe meaning (40 Stat. 411; 55 Stat. 839; Pub. Law 322, Executed at Washington, D. C., on prescribed in section 10 of Executive Or­ 79th Cong., 60 Stat. 50; Pub. Law 671, January 14, 1947. 79th Cong., 60 Stat. 925; 50 U. S. C. and der 9193, as amended. The term For the Attorney General. “enemy-occupied territory” as used Sup. App. 1, 616; E. O. 9193, July 6,1942, herein shall have the meaning prescribed 7 P. R. 5205; 3 CFR, Cum. Supp.; E. O. [ seal] D onald C. Cook, in rules of procedure, Office of Alien 9567, June 8, 1945, 10 F. R. 6917; 3 CFR, Director.

E x h ib it A

Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Name Country or territory • Action or proceeding Property Depositary Sum vestêd

Ite m 1 Estate o f Tony Greco, Supreme Court, New (») Max Herbst, Substituted Committee of $51.00 York County, N. Y.; Index No. 32162-1921. the Estate of Tony Greco, an incompe- tent, 240 West 98th St., New York, N. Y. Ite m 2 Estate of Gesuna Barberio, deceased, Sur­ $84. 50 Josephine Merante, Administratrix, Kem­ 16.00 rogate’s Court, Putnam County, N . Y. ble Ave., Gold Spring, N . Y.

Ite m 8 Mary Talarico...... do...... Same...... 84.50 .16.00

Ite m 4 Katherine Talarico...... do...... Same...... 84.50 ...... do...... 16.00

Ite m 5 Estate of Loreto Quintiliani, also known as 1,077.96 6.00 Loreto Quintiliano, deceased, Surrogate’s Bronx County,' 851 Grand Concourse, Court, Bronx County, N . Y. New York, N. Y.

Ite m 6 Ezio Quintiliani...... do...... Same...... j...... 1,077.96 , 6.00

Ite m 7 Giuseppe Quintiliani...... do...... 1,077.96 6.00

Ite m 8 Cannella Quintiliani...... ____do...... 1,077.96 6.00

Ite m 9 Angelina Quintiliani...... do...... Same...... 2,1£5.93 12.00

Ite m 10 Estate of Jacob M. Eisenberg, deceased, (*) Thomas W. Baylek, 59 East 54th St., New 136.00 Surrogate’s Court, New York County, York, N. Y., Joseph Eisenberg, 160 Cen- N. Y.; Docket No. P-2041/1940. tral Park So., New York, N . Y., and Samuel Ratner, 1695 Grand Ave., Bronx, N. Y., Executors and Trustees. Ite m 11 Esther Silverman...... ____do...... Same______(2) . 136,00

1 Approximately $15,354. , . 2 Income from a Trust, under will of Jacob M . Eisenberg, deceased. [P. R. Doc. 47-523; Filed, Jan. 17, 1947; 8:50 a. m .]

[Vesting Order 7972] many, are nationals of a designated betta- Henny and the children, names E mma J. V ogel enemy country (Germany) ; unknown of Louise Braun, are not with­ 3. That all right, title, interest and in a designated enemy country, the na­ In re: Trust under the will of Emma J. claim of any kind or character whatso­ tional interest of the United States re­ Vogel deceased. File D-28-2407; E. T. ever of the persons identified in subpara­ quires that such persons be treated as sec. 3731. graphs 1 and 2 hereof, and each of them, nationals of a designated enemy country Under the authority of the Trading in and to the trust created under the (Germany). with the Enemy Act, as amended, Execu­ will of Emma J. Vogel, deceased, is prop­ All determinations and all action re­ tive Order 9193, as amended, and ExeciF- erty payable or deliverable to, or claimed quired by law, including appropriate tive Order 9788, and pursuant to law, by, the aforesaid nationals of a desig­ consultation and .certification, having after investigation, it is hereby found: nated enemy country (Germany) ; been made and taken, and, it being 1. That John Gebhart, Adolph Geb- 4. That such property is in the process deemed necessary in the national inter­ hart, Mary Grass, Barbetta Henny, of administration by Guarantee Trust est, Louise Braun, Otto Vetter and Albert Company of Atlantic City, N. J., as execu­ There is hereby vested in the Attorney Vetter, whose last known address is Ger­ tor and trustee, acting under the General of the United States the prop­ many, are residents of Germany and judicial supervision of the Atlantic erty described above,~to be held, used, ad­ nationals of a designated enemy country County Orphans’ Court, Mays Landing, ministered, liquidated, sold or otherwise (Germany); New Jersey; dealt with in the interest of and for the 2. That the children, names unknown and it is hereby determined: benefit of the United States. of John Gebhart, the children, names The terms “national” and “designated unknown of Adolph Gebhart, the chil­ 5. That to the extent that the above dren, names unknown of Mary Grass, the named persons and the children, names enemy country” as used herein shall children, names unknown of Barbetta unknown of John Gebhart, the children, have the meanings prescribed in section Henny and the children, names unknown names unknown of Adolph Gebhart, the 10 of Executive Order 9193, as amended. of Louise Braun, who there is reasonable children, names unknown of Mary Grass, (40 Stat. 411; 55 Stat. 839; Pub. Law 322; cause to believe are residents of Ger­ the children, names unknown of Bar­ 79th Cong., 60 Stat. 50; Pub. Law 671, Tuesday, January 21, 1947 FEDERAL REGISTER 439 79th Cong., 60 Stat. 925; 50 U. S. C. and Declarants request that the Commis­ company shall from the date of the entry Sup. App. 1, 616; E. O. 9193, July 6, 1942, sion’s order permitting the declaration of this order cease to be effective. 7 P. R. 5205, 3 CFR, Cum. Supp.; E. O. to become effective be issued on or before By the Commission. 9567, June 8, 1945, 10 P. R. 6917, 3 CER, January 23, 1947. [ seal] O rval L. D u B o is, 1945 Supp.; E. O. 9788, Oct. 14, 1946, 11 By the Commission. P. R. 11981). Secretary. [ seal] O rval L. D u B o is, [F. R. Doc. 47-484; Filed, Jan. 17, 1947; Executed at Washington, D. C., on * Secretary. 8:48 a .m .] January 10, 1947. [F. R. Doc. 47-534; Filed, Jan. 20, 1947J For the Attorney General. 8:47 a. m.] [ seal] D onald C. C ook, Director. * [File Nos. 54-124, 59-79, 70-1197] S eattle G as Co. [F. R. Doc. 47-518; Filed, Jan. 17, 1947; [File No. 30-221] 8:49 a. m.] order approving amended plan E astern N e w Y ork P ow er C orp. At a regular session of the Securities SECURITIES AND EXCHANGE FINDINGS AND ORDER GRANTING APPLICATION and Exchange Commission, held at its At a regular session of the Securities office in the City of Philadelphia, Pa., on COMMISSION and Exchange Commission held at its the 13th day of January A. u . 1947. [File No. 70-1430] office in the City of Philadelphia, Pa., on Seattle Gas Company (“Seattle”), a the 14th day of January A. D. 1947. gas utility subsidiary of Portland Elec­ East C oast P ublic S ervice C o . and V ir ­ tric Power Company and Portland Gen­ ginia E ast C oast U t il it ie s, I nc . Eastern New York Power Corporation, à registered holding company and a sub­ eral Electric Company, registered hold­ NOTICE REGARDING FILING sidiary of Intemationàl Hydro-Electric ing companies, having filed on April 17, At a regular session of the Securities System, also a registered holding com­ 1946 an application pursuant to the pro­ and Exchange Commission, held at its pany, having filed an application pur­ visions of section 11 (e) and other ap­ office in the City of Philadelphia, Penn­ suant to section 5 (d) of the Public plicable sections of the Public Utility sylvania, on the 10th day of January Utility Holding Company Act of 1935, Holding Company Act of 1935 and the A. D. 1947. reciting, inter alia, that it had filed a rules and regulations of the Commission Notice iif hereby given that a joint Notification of Registration under sec­ promulgated thereunder, for approval of declaration has been filed with this Com­ tion 5 (a) of the act proposing to be­ an amended plan of reorganization for mission, pursuant to sections 7 and 12 come a holding company until certain the purpose of complying with the pro­ (b) of the Public Utility Holding Com­ transactions then pending before the visions of section 11 (b) of the act; pany Act of 1935 and Rule U-45 pro­ Commission were completed; that these The applicant having requested that mulgated thereunder, by East Coast Pub­ transactions were approved by the Com­ the Commission enter an order finding lic Service Company, a registered holding mission by order dated December 4,1946 that the proposed transactions set forth company and its public utility subsidiary (Holding Company Act Release No. in said amended plan are necessary to company Virginia East Coasff Utilities, 7042), and have since been consum­ effectuate the provisions of section 11 (b) Incorporated. mated; and of the Public Utility Holding Company Notice is further given that'any inter­ The Commission having issued a no- Act of 1935, are fair and equitable to the ested person may, not later than Jan­ t tice of filing on December 20, 1946, with persons affected thereby, and that such uary 22,1947, at 5:30 p. m., e. s. t., request respect to said application and said no­ order contain recitals in accordance with the Commission in writing that a hear­ tice having stated that any interested the requirements of section 371 and sub­ ing be held on such matter, stating the person may not later than January 3, section (f) of section 1808 of the Internal reasons for such request and the nature 1947, request the Commission in writing Revenue Code, as amended; and having of his interest, or may request that he that a hearing be held on such matter further requested the Commission, pur­ be notified if the Commission should or­ and the Commission not having received suant to section 11 (e) of the act to apply der a hearing thereon. At any time a request for hearing with respect to said to an appropriate United States District thereafter such declaration, as filed or application within the period prescribed Court to enforce and carry out the terms as amended, may be permitted to become in said notice, or otherwise, and not hav­ of the amended plan; effective as provided in Rule U-23 of the ing ordered a hearing thereon; and Public hearings having been held after rules and regulations promulgated pur­ Eastern New York Power Corporation appropriate notice and the Commission suant to said act, or the Commission may and others having now filed a Certificate having considered the record herein and exempt the transactions therein pro­ of Notification, pursuant to Rule U-24, having made and filed its findings and posed as provided in Rules U-20 (a) and wherein it is stated that the transactions opinion herein; and U-100 thereof. Any such request should so authorized by the Commission on The Commission having found that the be addressed: Secretary, Securities and December 4, 1946 have been consum­ amended plan is necessary to effectuate Exchange Commission, 18th and Locust mated; and the provisions of section 11 (b) and is Streets, Philadelphia 3, Pennsylvania. The Commission finding that Eastern. fair and equitable to .the persons affected All interested persons are referred to New York Power Corporation does not thereby; said declaration, which is on'file in the directly or indirectly own, control or It is ordered, That such application be, offices of the Commission, for a state­ hold with power to vote, or otherwise, and it hereby is, granted and that the ment of the transactions therein-pro­ any of the outstanding securities of a amended plan be, and it hereby is, ap­ posed, which are summarized below : public utility company, or of a holding proved, subject, however, to the condi­ Virginia East Coast Utilities, Incorpor­ company, as defined in the act, and that tions specified in Rule U-24 and to the ated, proposes to issue and sell to Balti­ Eastern New York Power Corporation further condition that the Department more National Bank of Baltimore, Mary­ has ceased to be a holding company, and of Public Utilities of the State o£ Wash­ land, its promissory note in the principal that its registration as a holding com­ ington shall have approved the issuance amount of $200,000, bearing interest at pany should cease to be in effect and that of the new common stock of Seattle; the rate of 2%% per annum, maturing it is not necessary to impose any terms It is further ordered, That jurisdiction six months after date of issue. The pro­ be and hereby is reserved: ceeds of such sale are to be used in part or conditions for the^protection of in­ 1. To approve, disapprove, modify, to retire its present loan of $150,000 from vestors in connection with the termina­ allocate or award by further order or the Baltimore National Bank, and in part tion of such registration : orders, all fees or other compensation and for the construction of property addi­ It is ordered and declared, That East- all remuneration or expenses claimed or tions. East Coast Public Service Com­ 'ern New York Power Corporation has hereafter claimed by any persons in con­ pany proposes to guarantee to Baltimore ceased to be a holding company, and nection with the amended plan, the National Bank the repayment of the loan that the registration of Eastern New transactions incident thereto and the of $200,000 with interest. York Power Corporation as a holding consummation thereof; 440 NOTICES

2. To take such further action as the surrender of and in exchange for the FEDERAL POWER COMMISSION Commission may deem necessary or ap­ certificates representing such Second propriate to effectuate the requirements Preferred Stock. [Docket No. G-669] of section 11 (b) of the act; and HI. No fractional shares of new Com­ M ich igan-W isc o n sin P ip e L ine Co. 3. To entertain such further proceed­ mon Stock will be issued by the appli­ ings, to make such supplemental findings cant under subparagraphs I and II next NOTICE OP ORDER DENYING APPLICATIONS FOR and to take such further action as the above, but in lieu thereof the applicant RECONSIDERATION AND VACATION, OR, IN Commission may deem appropriate in will issue Scrip Certificates,-exchange­ THE ALTERNATIVE, FOR A REHEARING OF connection with the amended plan, the able for full shares within two years from ORDER ISSUING CERTIFICATE OF PUBLIC transactions incident thereto and the the first day of the month in which the CONVENIENCE AND NECESSITY consummation thereof, and, in the event amendment to the Articles of Incorpora­ J anuary 15, 1947. such amended plan be not consummated, tion of the applicant creating such neiw Notice is hereby given that, on January to enter such further orders as the Com­ Common Stock shall become effective. 15, 1947, the Federal Power CoriTmission mission may deem appropriate under After the expiration of such two year issued its order denying applications for sections 11 (b), 11 (f) and 20 (a) of period, the applicant will sell the shares reconsideration and vacation, or, in the the act. of new Common Stock reserved for issue alternative, for a rehearing of order issu­ It is further ordered, That counsel for in exchange for Scrip Certificates, and ing certificate of public convenience and the Commission be, and they hereby are, for a period of three additional years necessity, entered January 14, 1947, in authorized an4l directed to make appli­ holders of Scrip Certificates will be en­ the above-designs ted matter. cation forthwith on behalf of the Com­ titled to receive their pro rata share of mission to an appropriate United States the proceeds of sale, at the end of which [ seal] L eo n M . F uq uay, District Court, pursuant to the provisions time the Scrip Certificates shall be void Secretary. of sections 11 (e) and 18 (f) of the act, for all purposes. [F. R. Doc. 47-554; Filed, Jan. 20, 1947; to enforce and carry out the terms and IV. Holders of existing $5 First Pre­ 8:51 a. m.] provisions of the amended plan. ferred Stock and Second Preferred Stock It is further ordered, That this order who do not surrender their stock, cer­ shall not be operative to authorize the tificates in exchange for shares of the [Docket No. IT-6016] consummation of any of the transactions proposed in the amended plan until an new Common Stock and/or Scrip Certif­ C oordination of E lectric F acilities in appropriate United States District Court icates (or cash proceeds after the initial th e C onservation of Coal shall, upon application thereto, enter an two year period referred to in subpara­ ORDER TERMINATING EMERGENCY AND order enforcing such amended plan. graph HI next above) within five years REVOKING EXEMPTIONS It is further ordered and recited, That from the first day of the month in which J anuary 10,1947. all steps and transactions involved in the the amendment to the Articles of In­ consummation of the amended plan, in­ corporation of the applicant creating It appears to the Commission that: cluding particularly the issuances, ex­ suc.h new Common Stock shall become (a) Because of the virtual cessation of changes, acquisitions, transfers, distri­ coal mining, this Commission on Novem­ effective, shall not thereafter be entitled ber 22, 1946, entered a finding and de­ butions, deliveries of sales, hereinafter or permitted to make such exchange, and described and recited in subparagraphs termination of the existence of an emer­ the shares of the existing stock then held gency within the meaning of section 202 numbered I through VI set forth below by them shall be void for all purposes. are necessary or appropriate to effectu­ of the Federal Power Act in the produc­ ate the provisions j)f section 11 (b) of V. All existing Common Stock of the tion of electric energy in the United the Public Utility Holding Company Act applicant will be cancelled and no new States. of 1935 and are hereby authorized, ap­ shares will be issued therefor. (b) As an aid in alleviating the critical proved and directed; the stock and secu­ VI. The foregoing transactions or any coal situation, the Commission author­ rities and other property which are or­ of them may be effectuated through and ized electrical utility systems to coordi­ dered to be issued, exchanged, acquired, deliveries may be made directly by the nate operations through use of intercon­ transferred, received and sold upon such applicant or to or through exchange nections without such use affecting the transactions being specified and itemized jurisdictional status of electric utilities agents or otherwise, the certificates for under the Federal Power Act. as follows: such shares of new Common Stock and The Commission finds and determines I. The applicant will issue 259,078 such Scrip Certificates shall be in such shares of new Common Stock with a par that: The emergency for which the find­ form and the sale of such shares of new ing and determination of November 22, value of $10 per share to the holders of Common Stock reserved for issue in ex­ its existing 47,105 shares of $5 First Pre­ 1946, was issued no longer exists; and change for Scrip Certificates shall be wherefore ^ ferred Stock in the proportion of 5% made in such manner and upon such The Commission orders that r The au­ shares of new Common Stock for each terms and conditions, all as may be de­ thority and exemption provided for in share of $5 First Preferred Stock upon termined by the Board of Directors of ' the said action of November 22, 1946, be surrender of and in exchange for the cer­ the applicant consistent with the Court and it hereby is revoked, effective thirty tificates representing such $5 First Pre­ order enforcing the amended plan and (30) days from the date of issuance of ferred Stock. within the time limits, specified in the this order. II. The applicant will issue 2,734 shares a blended plan or in said Court order. Date of Issuance: January 10, 1947. of new Common Stock with a par value of $10 per share to the holders of its exist­ By the Commission. By the Commission. ing 27,338 shares of Second Preferred [SEAL] ORVAL L. DUBOIS, [ seal ] L eon M . F uq u a y , Stock In the proportion of Ho of a share Secretary. Secretary. of new Common Stock for each such [F. R. Doc, 47-488; Filed, Jan. 17, 1947; [F. R. Doc. 47-505; Filed, Jan. 17, 1947; share of Second Preferred Stock upon 8:49 a. m.] 8:46 a. m.]