FEDERAL REGISTER 1934 VOLUME 13 ¿¡p NUMBER 92 * United ^ Washington, Tuesday, May 11, 1948

TITLE 3— THE PRESIDENT or with the aid of such public or private CONTENTS instrumentalities or persons as he may EXECUTIVE ORDER 9957 designate, and may delegate such of his V THE PRESIDENT authority as he may deem necessary or Possession, Control, and Operation op desirable. The Secretary may issue such Executive Order Pa6® Certain R ailroads general and special orders, rules, and Possession, control, and operation WHEREAS I find that as a result of regulations as may be necessary or ap­ of certain railroads______2503 labor disturbances there are interrup­ propriate for carrying out the provisions, E&CUTIVE AGENCIES tions, and threatened interruptions, of and to accomplish the purposes, of this the operations of the transportation sys­ order. All Federal agencies shall comply Agriculture Department tems owned or operated by the carriers with the orders of the Secretary issued Proposed rule making: by railroad named in the list attached pursuant to this order and shall cooper­ Peaches in North and South hereto and made a part hereof; that it ate to the fullest extent of their author­ Carolina: has become necessary to take possession ity with the Secretary in carrying out Decision with respect to mar­ and assume control of the said transpor­ the provisions of this order. keting agreement and tation systems for purposes that are 4. The Secretary shall permit the order______2543 needful or desirable in connection with management of Carriers whose transpor­ Referendum to be conducted the present emergency; and that the ex­ tation systems have been taken under, among producers and desig­ ercise, as hereinafter specified, of the or which may be taken pursuant to, the nation of agents'______2549 powers vested in me is necessary to in­ provisions of this order to continue their Poultry, dressed, and dressed sure in the national interest the opera­ respective managerial functions to the domestic rabbits and edible tion of the said transportation systems: maximum degree possible consistent products______2542 NOW, THEREFORE, by virtue of the with the purposes of this order. Except power and authority vested in me by the Alien Property, Office of so far as the Secretary shall from time Notices: Constitution and the laws of the United to time otherwise provide by appropriate States, including the act of August 29, Vesting orders, etc: order or regulation, the boards of di­ Bender, Hans______2556 1916, 39 Stat. 619, 645, as President of rectors, trustees, receivers, officers, and the United States and as Commander in Bliss, Arthur Ames, and Laura employees of such carriers shall con­ Neuhans Blass______2555 Chief of the Armed Forces of the United tinúese operation of the said transpor­ States, it is hereby ordered as follows: Krause, Dr. George A______2557 tation systems including the collection Meier, Caroline______2557 1. Possession, control, and operation and disbursement of funds thereof, in of the transportation systems owned or Osaka Marine & Fire Insur­ the usual and ordinary course of the ance Co., Ltd. and Mitsubi­ operated by the carriers by railroad business of the carriers, in the names named in the list attached hereto and shi Marine & Fire Insurance of their respective companies, - and by Co., Ltd...... 2557 hereby made a part hereof are hereby means of any agencies, associations, or taken and assumed, through the Secre­ Reger, Mrs. B------2558 other instrumentalities now utilized by Saechsische Staatsbank____ 2558 tary of the Army (hereinafter referred the carriers. to as, the Secretary), as of 12 o’clock Schech, Caroline______2556 noon, Eastern Standard Time, May 10, 5. Except so far as the Secretary shall Schulke, Hedwig______2558 1948; but such possession and control from time to time otherwise determine Stoeckler, Clara______2559 shall be limited to real and personal and provide by appropriate orders or Usuki, Harumi______2559 property and other assets used or useful regulations, existing contracts and agree­ Wahl, H. G______2559 in connection with the operation of the ments to which carriers whose trans­ Weigl, Mary______2560 transportation systems of the said car­ portation systems have been taken under, Woy, Margarethe______2561 riers. If and when the Secretary finds or which may be taken pursuant to, the Yasui, Haruno, et al______2560 it necessary or appropriate'for carrying provisions of this order are parties, shall Army Department out the purposes of this order, he may, remain in full force and effect. Nothing Rules and regulations: by appropriate order, take possession and in this order shall have the effect of sus­ New Mexico and California; list assume control of all or any part of any pending or releasing any obligation owed of Executive orders, procla- transportation system of any other car­ to any carrier affected hereby, and all mations and public land or­ rier by railroad located in the continental ders affecting military reser­ United States. payments shall be made by the persons vations______2507 2. The Secretary is directed to operate obligated to the carrier to which they are or may become-due. Except as the Sec­ Civil Service Commission or to arrange for the operation of, the Rules and regulations: transportation systems taken under or retary may otherwise direct, there may pursuant to this order in such manner as be made, in due course, payments of Competitive service, list of posi­ he deems necessary to assure to the full­ dividends on stock, and of principal, in­ tions excepted______2506 terest, sinking funds, and all other dis­ Personnel, transfer to public in­ est possible extent continuous and un­ ternational organizations in interrupted transportation service. tributions upon bonds, debentures, and which U. S. Government par­ 3. In carrying out the provisions of other obligations; and expenditures may ticipates or to American mis­ this order the Secretary may act through (Continued on p. 2505) sions______2506 2503 2504 RULES AND REGULATIONS

CONTENTS— Continued C O N TEES— Continued Domestic Commerce, Office of— Pag* Post Office Department . Pase FEDERAL|pE(jlSTER Continued Rules and regulations: • Vr l'unto* '»34 J j F Rules and regulations—Continued Madagascar and dependencies; Allocations and export priorities parcel post rates______2541 Published daily, except Sundays, Mondays, system operation—Con. Registry system, insurance and and days following official Federal holidays, Review-appeals procedure__ 2523 ' collect-on-delivery systems; by the Division of the Federal Register, the Steel, copper and aluminum; declaration of full value of • National Archives, pursuant to the authority registered mail______2541 contained in the Federal Register Act, ap­ special rules for placing and proved July 26, 1935 (49 Stat. 500, as scheduling certified orders. 2522 Public Health Service amended; 44 17. S. C., ch. 8B ), under regula­ Delegations of authority: tions prescribed by the Administrative Com­ Compliance commissioner Rules and regulations: mittee, approved by the President. Distribu­ functions------2509 Commissioned officers; foreign tion is made only by the Superintendent of Delegation of certain powers. 2508 service allowances______2541 Documents, Government Printing Office, Functions transferred from Of­ Public Housing Administration Washington 25, D. C. fice of Materials Distribution. 2511 The regulatory material appearing herein is Materials orders: . Rules and regulations: keyed to the Code of Federal Regulations, War housing program, policy; which is published, under 50 titles, pursuant Antimony______2530 to section 11 of the Federal Register Act, as Cans______2531 disposition of federally owned amended June 19, 1937. Special restrictions______2533 war housing projects______2537 The F ederal R e g is t e r will be furnished by Cinchona bark and quinidine. 2533 Securities and Exchange Com­ mail to subscribers, free of postage, for $1.50 Rubber, synthetic rubber and per month or $15.00 per year, payable in ad­ products______2535 mission vance. The charge for Individual copies Notices: (minimum 15£) varies in proportion to the Tin______l______2524 size of the issue. Remit check or money Procedural rules; compliance Hearings, etc.: order, made payable to the Superintendent procedure______2511 American Power & Light Co. of Documents, directly to the Government Transfer of regulations; Office (2 documents)______2554,2555 Printing Office, Washington 25, D. C. of Materials Distribution: East Coast Public Service Co. There are no restrictions on the republica­ Compliance procedure_____ 2537 et al______:------2553 tion of material appearing i n the F ed era l Delegation of authority— 2537 Portland Gas & Coke Co.___ 2554 R e g is t e r . Federal Power Commission Notices: 1947 SUPPLEMENT Hearings, etc.: CODIFICAÎION GUIDE Atlantic Seaboard Corp. et al_ 2551 to the A numerical list of the parts of the Code Northern Natural Gas Co— 2553 of Federal Regulations affected by documents CODE OF FEDERAL Tennessee Gas Transmission published in this issue. Proposed rules, as Co______2552 opposed to final actions, are identified as REGULATIONS Federal Reserve System such. The following books are now Rules and regulations: Title 3— The President Page available. Discount rates; buying rates Book 1: Titles 1 through 7, on bills.______2507 Chapter II—Executivejorders: Land Management, Bureau of 5326 (see PLO 474)______2542 including, in Title 3, Presiden­ 9029 (modified by PLO 473)1— 2542 tial documents in full text with Notices: Alaska; shore space restorations 9526 (see PLO 473)______2542 appropriate reference tables and (2 documents)______2550,2551 9830 (see T. 5, § 6.4)______2506 index. California; notice for filing ob- % 9957______2503 Book 2: Titles 8 through 17. jections to withdrawal of Title 5— Administrative Person­ These books may be obtained from the public land for use of Depart­ nel Superintendent of Documents, Government ment of Army______2550 Rules and regulations: Chapter I—Civil Service Com­ Printing Office, Washington 25, D. C., at mission: $3.50 per copy. California; withdrawal of public A limited sales stock of the 1946 Sup­ land for use of Department Part 6—Exceptions from the plement (6 books) is still available at of Army..______2542 competitive service------2506 $3.50 a book. New Mexico; modification of Part 10—Special transitional Executive order and public procedures______2506 land orders withdrawing pub­ Part 26—Transfer of personnel CONTENTS— Continued lic lands for use of War to public international or­ Department______2542 ganizations in which the Civil Service Commission— Page United States Government Materials Distributionr Office of Continued participates or to American Rules and regulations: Missions------1------— 2506 Rules and regulations—Continued Delegations of authority; revo­ Transitional procedures, spe­ cation______2540 Title 7— Agriculture cial______2506 Redesignation of orders: Chapter I—Production and Defense, Secretary of Allocations and export priori­ Marketing Administration Rules and regulations: ties system operation_____ 2540 (Standards, Inspections, Mar­ Armed forces and Joint Chiefs Antimony______2540 keting Practices) : of Staff, functions______2537 Cinchona bark, quinine and Part 56—Dressed poultry and Domestic Commerce, Office of quinidine______2540 dressed domestic rabbits and Rules and regulations: Containers______I ____ v_ 2540 edible products thereof (in­ Allocations and export priorities Delegations ofauthority_____ 2540 spection and certification for system operation: Rubber, synthetic rubber and condition and wholesome- Basic rules______- __ 2516 products______2540 ness) (proposed) ______2542 Export orders for nitrogen­ T in ______2540 Chapter IX—Production and ous fertilizer materials; use National Bureau of Standards Marketing Administration and effect of symbol CXN_ 2522 Rules and regulations: (Marketing Agreements and Export orders for tinplate; use Organization______2508 Orders) : and effect of symbols CXS_ 2522 Major organization units—__ 2508 Part 982—Peaches grown in Export preference assistance, Transcript services______. 2507 North and South Carolina restricted____ -______2519 Procedures______2508 (proposed) (2documents). 2543,2549 Tuesday, M ay 11, 1948 FEDERAL REGISTER 2505

CODIFICATION GUIDE— Con. CODIFICATION GUIDE— Con. of the real or personal property or other assets of any such carrier; pro­ Title 10— Army Pas# Title 39— Postal Service Pa8* vided that nothing herein shall prevent Chapter V—Military Reservations Chapter I—Post Office Depart­ or require approval by the Secretary of and National Cemeteries: ment: any action authorized or required by Part 501—List of Executive or­ Part 16—Registry system: in­ any interlocutory or final decree of any ders, proclamations and pub­ surance and collect-on-deliv­ United States court in reorganization lic land orders affecting mili- ery services------2541 • proceedings now pending under the tary reservations______2507 Part 127—International postal Bankruptcy Act or in any equity receiv­ service: Postage rates, service ership cases now pending. Title 12— Banks and Banking available, and instructions for 9. The Secretary is authorized to fur­ Chapter II—Federal Reserve Sys­ mailing™ ______2541 nish protection for persons employed or tem: Title 42—-Public Health seeking employment in or with the Part 224—Discount rates_____ 2507 transportation systems of which posses­ Chapter I—Public Health Service, sion is taken hereunder, or which may be Title 15— Commerce Federal Security Agency: taken pursuant hereto; to furnish pro­ Chapter n —National Bureau of Part 21—Commissioned officers. % 2541 tection for such transportation systems; of Standards, Department of Title 43— Public Lands: Interior and to furnish equipment, manpower, Commerce: Chapter I—Bureau of Land Man­ and other facilities or services deemed Part 211—Transcript services_ 2507 agement, Department of the necessary to carry out the provisions, and Part 252—Organization of the Interior: to accomplish the purposes, of this order. National Bureau of Stand­ Appendix—Public land orders: 10. From and after 12 o’clock noon, ards _____ 250ft 7 (modified byPI£> 473)____ 2542 Eastern Standard Time, on the said 10th Part 253—Major organization 173 (modified byPLO 473)2542 day of May, 1948, all properties taken . units______2508 473 ______2542 under this order shall be conclusively Part 254—Procedures_____2508 474 _ 2542 deemed to be within the possession and Chapter III—Office of Domestic control of the United States without fur­ Commerce, Bureau of For­ ther act or notice. eign and Domestic Commerce, be made for other ordinary corporate 11. Possession, control, and operation Department of Commerce: purposes. of any transportation system, or any Part 329—Delegations of au­ 6. Until further order of the President part thereof, or of any real or personal thority for the Office of Do­ or the Secretary, the said transportation property taken under this order, or mestic Commerce (2 docu­ systems shall be managed and operated which may be taken pursuant hereto, ments)______2508,2509 under the terms and conditions of em­ shall be terminated by the Secretary Part 330—General organiza­ ployment in effect at the time possession when he determines that such possession, tion and functions______2511 is taken under this order, without prej­ control, and operation are no longer Part 334—Procedural rules___ 2511 udice to existing equities or to the effec­ necessary to carry out the provisions, Part 336—Regulations applica­ tiveness of such retroactive provisions as and to accomplish the purposes, of this ble to the operation of the may be included in the final settlement order. allocations and export pri­ of the disputes between the carriers and Harry S. Truman orities system (6 documents) _ 2516, the workers. The Secretary shall recog­ nize the right of the workers to continue The White House, 2519,2522, 2523 May 10,1948. Part 338—‘■Materials orders (6 their membership in labor organizations, documents)______2524, to bargain collectively through repre­ L is t 2530,2531, 2533, 2535 sentatives of their own choosing with the EASTERN REGION - Part 372—Compliance proce­ representatives of the owner^of the car­ riers, subject to the provisions of appli­ Akron, Canton & Youngstown Railroad Co. dure of Office of Materials Ann Arbor Railroad Company Distribution______2537 cable law, as to disputes between the car­ Baltimore & Ohio Railroad Company Part 373—Office of Materials riers and the workers; and to engage in B & O Chicago Terminal R. R. Co. Distribution, delegation of concerted activities for the purpose of Curtis Bay Railroad Co. authority.______2537 such collective bargaining or for other Strouds Creek & Muddlety R. R. mutual aid or protection, provided that Bessemer & Lake Erie Railroad Company Title 24— Housing Credit in his opinion such concerted activities Boston and Maine Railroad Chapter VI—Public Housing Ad­ do not interfere with the operation of Brooklyn Eastern District Terminal the transportation systems taken here­ Buffalo Creek Railroad ministration: Bush Terminal Railroad Company Part 631—War housing pro­ under, or which may be taken pursuant Canadian National Railways gram: policy______2537 hereto. Canadian Natl. Rys.—Lines in New Eng­ 7. Except as this order otherwise pro­ land Title 32— National Defense vides and except as the Secretary may Champlain & St. Lawrence Railroad Chapter I—Secretary of Defense: otherwise direct, the operation of the United States & Canada Railroad Part 1—Functions of the Armed transportation systems taken hereunder, St. Clair Tunnel Company or which may be taken pursuant hereto, Canadian Pacific Railway Co. Forces and the Joint Chiefs Central Vermont Railway, Inc. of Staff______2537 shall be in conformity with the Inter­ Chesapeake & Ohio Railway Co. Chapter IX—Office of Materials states Commerce Act, as amended, the Pere Marquette District Distribution, Bureau of For­ Rail why Labor \ Act, as amended, the Port Street Union Depot Co. eign and Domestic Commerce, Safety Appliance Acts, the Employers’ Chicago, Indianapolis & Louisville Ry. Co. Department of Commerce: Liability Acts, and other applicable. Fed­ Cincinnati Union Terminal Company Part 903—Delegations of au- eral and State laws, Executive orders, Delaware & Hudson Railroad Corporation thority (2 documents)_____ 2540 local ordinances, and rules and regula­ Delaware, Lackawanna & Western R. R. Co. Detroit and Toledo Shore Line R. R. Co. Part 945—Regulations applica­ tions issued pursuant to such laws, Ex­ Detroit Terminal Railroad Company ble to the operation of the al­ ecutive orders, and ordinances. Detroit, Toledo & Ironton Railroad Co. locations and export priorities 8. Except with the prior written con­ Erie Railroad Company system______2540 sent of the Secretary, no receivership, Grand Trunk Western Railroad Company Part 1001—Tin______2540 reorganization, or similar proceeding af­ Huntingdon & Broad Top Mt. R. R. & Coal Co. Part 1138—Antimony______2540 fecting any carrier whose transportation Indianapolis Union Railway Co. Part 3270—Containers______2540 system is taken hereunder, or which may Jay Street Connecting R. R. Co. Part 3293—Cinchona bark, qui­ Lake Terminal Railroad Company be taken pursuant hereto, shall be insti­ Lehigh & New England Railroad Company nine and quinidine______2540 tuted; and no attachment by mesne Lehigh Valley Railroad Company Part 4600—Rubber, synthetic process, garnishment, execution, or oth­ Maine Central Railroad Company rubber and products thereof. 2540 erwise shall be levied on or against any Portland Terminal Company 2506 RULES AND REGULATIONS

McKeesport Connecting Railroad Davenport, Rock Island & Northwestern Ry. Texas Paciflc-Missouri Pacific Terminal R. R. Monongahela Railway Company Denver & Rio Grande Western R. R. of New Orleans. Montour Railroad Company Denver & Rio Grande Western R. R. Unlpn Pacific R. R. New York Central R. R. (Pull Line Agree­ (Former D&SL) Union Railway CO. (Memphis). ments) v Des Moines Union Ry. Union Terminal Co. (Dallas). NYC RR—Buffalo and East Duluth, Missabe & Iron Range Ry. (Iron Wabash R. R.—Lines West of Detroit and NYC RR—West of Buffalo Range Div.) Toledo. ' Michigan Central Railroad Duluth, Missabe & Iron Range Ry. (Missabe Wabash R. R.—Lines East of Detroit (Buf­ C. C. C. & St. L. Railway Div.) falo Div.). Peoria & Eastern Railway Duluth, Winnipeg & Pacific Ry. Western Pacific R. R. L. & J. B. & Railroad Co. East St. Louis Junction R. R. Boston & Albany Railroad Elgin, Joliet & Eastern Ry. [F. R. Doc. 48-4290; Filed, May 10, 1948; Indiana Harbor Belt Railroad Fort Worth & Denver City Ry. 1:35 p. m.] Chicago River & Indiana (C. J. Ry.) Wichita Valley Ry. Pittsburgh & Lake Erie R. R. (L. E. & E.) Galveston, Houston & Henderson R. R. Cleveland Union Terminals Great Northern Ry. TITLE 5— ADMINISTRATIVE Ohio Central Green Bay & Western R. R. Federal Valley Kewaunee, Green Bay & Western R. R. PERSONNEL * Gulf Coast Lines—Comprising New York, Chicago & St. Louis R. R. Co. Chapter I— Civil Service Commission New York Dock Railway Asherton & Gulf Ry. Asphalt Belt Ry. New York, New Haven & Hartford Railroad Part 6—Exceptions F rom the Co. Beaumont, Sour Lake & Western Ry. Houston & Brazos Valley Ry. Competitive Service Northampton & Bath Railroad Company Houston North Shore Ry. Pennsylvania Railroad Company Iberia, St. Mary & Eastern R. R. P art 10—Special Transitional Baltimore & Eastern Railroad. Co. International-Great Northern R. R. Procedures Long Island Rail Road Company New Iberia & Northern R. R. Pennsylvania-Reading Seashore Lines New Orleans, Texas & Mexico Ry. P art 26—Transfer of P ersonnel to Pub­ Pittsburgh & West Virginia Railway Co. Orange & Northwestern R. R. lic International Organizations in Pittsburgh, Chartiers & Youghiogheny Ry. Rio Grande City Ry. W hich the United S tates Govern­ Reading Company St. Louis, Brownsville & Mexico Ry. ment Participates or to American River Terminal Railway Co. San Antonio Southern Ry. Missions Staten Island Rapid Transit Railway San Antonio, Uvalde & Gulf R. R. Union Freight R. R. Co. (Boston) San Benito & Rio Grande Valley Ry. miscellaneous amendments/ Washington Terminal Company Sugar Land Ry. Wheeling & Lake Erie Railway Co. Houston Belt & Terminal Ry. 1. Under authority of § 6.1 (a) of Ex­ Lorain & West Virginia Railway Co. Illinois Central R. R. ecutive Order No. 9830 and at the re­ Chicago & Illinois Western R. R. quest of the agencies concerned the Com­ SOUTHEASTERN REGION Kansas City Southern Ry. mission has determined that the posi­ Atlantic Coast Line Kansas City Terminal Ry. tions listed below should be excepted Atlanta & West Point R. R. Los Angeles Junction Ry. Louisiana & Arkansas Ry. from the competitive service. Effective Western Railway of Alabama upon "'publication in the F ederal R egis­ Atlanta Joint Terminals Manufacturers Ry. Central of Georgia Ry. Midland Valley R. R. ter, § 6.4 (a) is amended in part as fol­ Charleston & Western Carolina Ry. Kansas, Oklahoma & Gulf Ry. lows: Chesapeake & Ohio—Chesapeake Dist. Oklahoma City-ADA-Atoka Ry. § 6.4 Lists of positions excepted from Clinchfleld R. R. Minneapolis & St. Louis Ry. Florida East Coast Ry. Railway Transfer Co. of City of Minneap­ the competitive service—(a) Schedule Georgia R. R. olis A. * * * Gulf, Mobile & Ohio R. R. Minneapolis, St. Paul & Sault Ste. Marie R. R. (5) Navy Department. * * * Jacksonville Terminal Company Duluth, South Shore & Atlantic Ry. (x) Scientific and professional posi­ Kentucky & Indiana Terminal R. R. Mineral Range R. R. tions when filled by bona fide members Louisville & Nashville R. R. Minnesota Transfer Ry. of the faculty of an accredited college or Nashville, Chattanooga & St. Louis Ry. Missouri-Kansas-Texas R. R. university not to exceed 120 days in the Norfolk & Portsmouth Belt Line R. R. Missouri-Kansas-Texas R. R. Co. of Texas. Norfolk & Western Ry. Missouri Pacific R. R. period of one year in any individual case Richmond, Fredericksburg & Potomac R. R. Northern Pacific Ry. and the total number of appointments Seaboard Air Line Ry. Northern Pacific Terminal Co. of Oregon. not to exceed 100 at any one time. Southern Northwestern Pacific R. R. (xi) Scientific assistants whose sal­ Alabama Great Southern Ogden Union Ry. & Depot Co. aries shall not aggregate more than $832 Cin., Burnside & Cumberland River Ry. Oregon, California & Eastern Ry. a year. Only bona fide students pursu­ Cin., New Orleans & Texas Pacific Ry. Peoria & Pekin Union Ry. ing scientific courses at colleges or uni­ Georgia Southern & Florida Ry. Port Terminal Railroad Association. Harriman & Northeastern R. R. St. Joseph Terminal R. R. versities shall be eligible for appointment New Orleans & Northeastern St. Louis-San Francisco Ry. Under this subdivision. Employment un­ New Orleans Terminal St. Louis, San Francisco & Texas Ry. der this subdivision shall not exceed 180 St. Johns River Terminal St. Louis Southwestern Ry. working days in any one year. Tennessee Central Railroad St. Louis Southwestern Ry. Co. of Texas. (xii) Professional and subprofessional Virginian Ry. St. Paul Union Depot Co. San Diego & Arizona Eastern Ry. positions in the field of research when WESTERN REGION Sioux City Terminal Ry. filled by graduate students at accredited Atchison, Topeka & Santa Fe Ry, Southern Pacific Co. (Pacific Lines)—exclud­ colleges or universities provided that ing former El Paso & Southwestern Sys­ such research work is to be used by the Gulf, Colorado & Santa Fe Ry. tem. student as a basis for securing certain Panhandle & Santa Fe Ry. Southern Pacific Co.—Former El Paso & academic credit toward a graduate de­ Belt Ry. Co. of Chicago N . Southwestern System. Burlington-Rock Island R. R. gree. The total employment in any one Southern Pacific Co.—Former Arizona case shall not exceed one year and such Camas Prairie R. R. Eastern R. R.—Phoenix Dist. Chicago & Eastern Illinois R. R. Spokane, Portland & Seattle Ry. employment may be continued under this Chicago & Illinois Midland Ry. Oregon Electric Ry. provision only so long as these condi­ Chicago & North Western Ry. Oregon Trunk Ry. tions are met. The total number of po­ Chicago & Western Indiana R. R. Terminal Railroad Association of St, Louis. sitions to be filled under this provision Chicago, Burlington & Quincy R. R. Texas & New Orleans R. R. may not exceed 100 at any one time. Chicago Great Western Ry. (Inc. 6 . St. Paul Texas & Pacific Ry. * * * * * Terminal) Abilene & Southern Ry. (49) Economic Cooperation Adminis­ Chicago, Milwaukee, St. Paul & Pacific R. R. Fort Worth Belt Ry. tration. (i) Not to exceed twenty-five Chicago, Terre Haute & Southeastern Ry. Texas-New Mexico Ry. positions of a policy determining char­ Chicago, Rock Island & Pacific Ry. Texas Short Line Ry. acter at salaries in excess of $10,000 but Chicago, St. Paul, Minneapolis & Omaha Ry. Weatherford, Mineral Wells & Northwest­ not in excess of $15,000 per annum. Colorado & Southern Ry. ern Ry. Colorado & Wyoming Ry. Texas Mexican Ry. (Sec. 6.1 (a) E. O. 9830, 12 F. R. 1259) Tuesday, M ay 11, 1948 FEDERAL REGISTER 2507 2. Section 10.111 (d) is amended to such function is transferred by an inter­ mediately following the rate at the Fed­ read as follows: national agreement in which the United eral Reserve Bank of New York to the § 10.111 Reemployment benefits after States participates. position immediately following the words transfer. * * * ' (c) Upon meeting the conditions for “prime bankers’ acceptances” in such (d) An employee who was transferred reemployment under Executive Order section, and by changing such footnote within- the Government service with re­ 9721 or 9862, the transferee’s former to read as follows: employment rights, or an employee who agency or department (or its successor) 1 Rate shown for blinkers’ acceptances also was transferred with reemployment rights »shall reemploy him within 30 days of his applies to trade acceptance): at Federal Re­ from a Government position for employ­ application for reemployment. Such re­ serve Bank of New York. In addition, it ment in an essential activity conducted employment shall be in the employee’s applies to purchases of Government securities former position or in a position of like under resale agreement at the following Fed­ by a public or private enterprise (includ­ seniority, status and pay. eral Reserve Banks, with the following effec­ ing a public international organization (d) Upon reemployment under Execu­ tive dates: Boston, March 26, 1948; New York, in which the United States Government tive Order 9721 or 9862, an employee shall February 24, 1948; Philadelphia, April 2, 1948; participates), shall not lose his reem­ be given the seniority and, to the extent Cleveland, March 15, 1948; Chicago, March ployment rights upon (1) transfer or re­ consistent with law, the pay to which he 20, 1948; San Francisco, April 16, 1948. assignment within an agency; (2) trans­ would have been entitled had he re­ For the reasons and good cause found fer by Presidential order or act of Con­ mained continuously with the agency in as stated in § 224.8, there is no notice, gress; (3) entry into military service public participation or deferred effective (Provided, That at the time of such entry his former position. He shall be consid­ he would have acquired restoration ered as having competitive status and date in connection with this action. rights had he entered military service tenure and shall be given full credit for (Sec. 14 (d), 38 Stat. 264 as amended; completion of probation for service in the 12 U. S. C. 357,) 1 w ( from his original agency); or (4) trans­ international organization or American fer from one public international organ­ * ' B oard of Governors of ization to another with the function in Mission since acquisition of status. Any sick leave to his credit at the time of his the F ederal R eserve which engaged when such function is • System, transferred by an international agree­ separation for transfer shal be recredited to him. (R. S. 1753, sec. 2, 22 Stat. 403' [seal] S. R. Carpenter, ment in which the United States partic- . Secretary. ipates. * - . - v 5 U. S. C. 631, 633) U nited S tates Civil S erv­ [F. R. Doc. 48-4175; Filed, May 10, 1948; (R. S. 1753, sec. 2, 22 Stat. 403; 5 U. S. C.t 8:5f a. m.] 631, 633) ice Commission, > [seal] H. B. Mitchell, 3. Section 26.8 is amended to* read as President. TITLE 15— COMMERCE follows: [P. R. Doc. 48-4173; Piled, May 10, 1948; § 26.8 Reemployment, (a) An em­ 8:51 a. m.] Chapter II— National Bureau of ploye transferred under Executive Order Standards, Department of Com­ 9721 or 9862 must meet the following merce conditions in order to have a right to TITLE 10— ARMY reemployment under Executive Order Part 211—T ranscript S brvices 9721 or 9862: Chapter V— Military Reservations and National Cemeteries In accordance with the provisions of (1) He must have been serving under sections 4 (a) and (c) of the Adminis­ a probational or permanent civil service Part 501—List of Executive Orders, trative Procedure Act, it has been found appointment prior to such transfer or he P roclamations and Public Land Orders that notice and hearing on these sched­ must hdVe met the conditions for acqui­ Affecting Military R eservations ules of fees are unnecessary for the rea­ sition of a competitive status under sec­ son that such procedure would, because tion 2 of Executive Order 9721. When NEW MEXICO, CALIFORNIA of the nature of these rules, serve no reemployment rights depend on acquisi­ Cross R eference: For order modify­ useful purpose. tion of status under section 2 of Execu­ ing Executive Order 9029, as amended, These rules shall become effective upon tive Order 9721, request for such deter­ Public Land Order 7, as amended, and the date of publication in the F ederal mination shall be presented to the Public Land. Order 173, which withdrew R egister. Commission by the agency concerned public lands in New Mexico for the use Part 211 Transcript services, is add­ promptly after receipt of application for of the War Department and which were ed, to read as follows: reemployment, unless such determina­ listed in the tabulation contained in Sec. • tion was made theretofore. § 501.1, see Public Land Order 473 in the 211.1 General. (2) He must have been terminated Appendix to Chapter I of Title 43, infra. 211.2 Microfllm. without prejudice by the public interna­ For order withdrawing public land in 211.3 Photoprints. tional organization or American Mission California for the use of the Depart­ 211.4 Motion pictures. to which transferred within three years ment of the Army for harbor improve­ 211.99 Certification of publications. of the date of his separation for transfer ment purposes, which takes precedence A u t h o r it y : §§211.1 t o 211.99, inclusive, to such organization or within three over but does not modify Executive Or­ issued under 49 Stat. 292; 15 U. S. C. 189a. years of the date of Executive Order der 5326, see Public Land Order 474, 9721, whichever is later. infra. § 211.1 General. Transcripts of stud­ (3) He must apply for reemployment ies and records, and certification of to his former agency or department (or either printed or processed publications, its successor) within 90 days of his ter­ TITLE 12— BANKS AND will be furnished upon receipt of a writ­ mination by such organization. ten request, accompanied by sufficient (4) He must be qualified physically to BANKING information to enable the bureau to perform the duties of his former position Chapter II— Federal Reserve System properly identify the specific study, rec­ or one of like seniority, status and pay. ord, or publication desired. Fees for (b) An employee transferred under Subchapter A— Board of Governors of Federal such transcripts or certifications will be Executive Order 9721 or 9:862 shall not Reserve Ssystem charged in accordance with the fees lose his reemployment rights upon (1) Part 224—Discount R ates itemized in the subsequent sections. transfer or reassignment within an § 211.2 Microfilm. agency; (2) transfer by Presidential BUYING RATES ON BILLS Item and description Fee order or act of Congress; (3) entry into Pursuant to section 14 (d) of the Fed­ R-l-2.1 Periodical articles, any ar­ military service (Provided, That at the eral Reserve Act, and for the purpose of ticle in a single volume of time of such entry he would have ac­ adjusting discount rates with a view of a periodical, per article__ $0.50 quired restoration rights had he entered accommodating commerce and business R-l-2.2 Books and serial publica­ military service from his original in accordance with other related rates tions, for each 50 pages or agency); or (4) transfer from one public and the general credit situation of the fraction thereof______. 50 international organization to another country, Part 224 is amended by moving These prices are computed on cost factors with the function in which engaged when footnote 1 of § 224.5 from the position im­ and are therefore subject to change. 2508 RULES AND REGULATIONS § 211.3 Photoprints. The foregoing amendments are effec­ Secretary of Commerce certain func­ tive May 5, 1948. tions, as follows: Item and description Fee (1) By section 203 of Part II of Execu­ Rr-1^3.1 Any single volume, for each (R. S. 161, sec. 3, 60 Stat. 238; 5 U. S. C. 5 pages or fraction thereof- $0.50 tive Order 9841, dated April 23, 1947 (12 22, 1002) F. R. 2645), certain functions of the This price is computed on cost factors and [seal] E. C. Crittenden, Temporary Controls Administrator, in­ is therefore subject to change. Acting Director. cluding ‘^allocation and priority” func­ § 211.4 Motion pictures. Approved : tions under the Second War Powers Act <**■ (56 Stat. 177) as amended and extended. Item and description Fee W illiam C. F oster, R-2-4.1 Motion picture film, Sub­ Acting Secretary of Commerce. (2) By paragraphs 1 and 3 of Execu­ ject: “Silicate Cement”, tive Order 9942, dated April 1, 1948 (13 800 feet of sound, color [F. R. Doc. 49-4190; Filed, May 10, 1948; F. R. 1823), certain functions under the film, 16 mm. running 8:54 a. m.] - Rubber Act of 1948 (Public Law 469, 80th ' time 18Vfc minutes_____ $85.00 Congress). This is an approximate price. The actual , This regulation provides for the per­ cost will depend on the number of copies, formance of some of those transferred ordered by the Bureau at a specific time on functions. Hereafter, they are to be per­ the basis of requests received. Part 254—Procedures formed by the Director of the Office of § 211.99 Certification of publications. TRANSCRIPT SERVICES Domestic Commerce, Bureau of Foreign and Domestic Commerce, Department of Item and description Fee Section 254.6 Transcript services, is Commerce. Heretofore, they were per­ R-3-99.1 Certification of any bureau added'as follows: publication whether formed by the Office of Materials Dis­ printed or processed (not §254.6 Transcript services. The Bu­ tribution. including cost of the reau is authorized to furnish transcripts This regulation also continues in ef­ publication) ______$1. 00 of its studies and records, and certifica- fect certain regulations, orders and other tiohs of its printed,and processed publi­ actions previously taken relating to the For information concerning titles and transferred functions. prices of bureau publications address in­ cations, to any person, firm or corpora­ quiries to the Office of Scientific Publi­ tion, upon receipt of a written request; DELEGATION cations, National Bureau of Standards, Provided, That a fee for such service be charged sufficient to cover the cost of (b) Delegation to the Director of the Washington 25, D. C.( the service rendered as set forth in 15 Office of Domestic Commerce. The Di­ [seal] E. C. Crittenden, CFR, Part 211. rector of the Office of Domestic Com­ Acting Director. merce is hereby authorized to perform Approved: . . Requests for such transcripts or certi­ the functions and to exercise the powers, fications should be in writing, and should authorities, and discretion no\V or here- William C. F oster, provide sufficient information to enable * after vested in the Secretary of Com­ Acting Secretary of Commerce. the Bureau to properly identify the merce by Section 203 of Part II of Execu­ [F. R. Doc. 48-4189; Filed, May 10, 1948; specific study, record, or publication re­ tive Order 9841 and by paragraphs 1 and 8:54 a. m.] ferred to. 3 of Executive Order 9942, except those (R. S. 161; 5U, S. C. 22) specified in paragraphs (c) and (d) bel­ low. [seal] E. C. Crittenden, The authority hereby delegated to the Acting Director. director may be exercised in such man­ P art 252—Organization of the N ational Approved: B ureau of Standards ner as he may prescribe and may be re­ W illiam C. F oster, delegated by him, subject to his discre­ P art 253—Major Organization U nits Acting Secretary of Commerce. tion and control, to such officers of the MISCELLANEOUS AMENDMENTS Department of Commerce, whether or [F. R. Doc. 48-4191; Filed, May 10, 1948; not within the Office of Domestic Com­ 1. Section 252.1 Organization (12 F. R. 8:54 a. irr.] merce. 5866) is amended by changing the name (c) Delegations regarding compliance of Division 5 “Mechanics” to “Chemis­ matters. The Secretary of Commerce try,” the name of Division 6 “Chemistry” may authorize such compliance commis­ to “Mechanics,” and the name of Di­ Chapter III— Office of Domestic Com­ sioners or other officials as he may desig­ vision 13 “Ordinance Development” to merce, Bureau of Foreign and Do­ nate to perform such functions and ex­ , i i r i p p l ;T * n T iiP Q 99 mestic Commerce, Department of ercise such powers, authorities and dis­ 2. Section 253.2 (a) (12 F. R. 5866) cretion now or hereafter vested in the items (5), (6), and (13) are amended to Commerce - Secretary of Commerce under section read as follows: [Materials Control Regulation l ,1 as Amended 203 (a) of Part II of Executive Order 9841 § 253.2 Scientific and technical divi­ May 7, 1948] and under paragraphs 1 and 3 of Execu­ tive Order 9942 and subject to such con­ sions—(a) Purpose and functions. * * * Part 329—D elegations of Authority for (5) Division 5; chemistry, (i) Chemi­ the Office of D omestic Commerce ditions or restrictions as he may pre­ cal composition, purity and behavior of scribe. Certain authorization for such paints, lacquers and varnishes; deter­ delegations, of certain powers under functions is contained in Materials Con­ gents; platinum metals; analytical executive orders 9841 and §942 trol Regulation 2 (§ 329.1). chemical reagents; hydrocarbons and Effective May 7,1948, § 329.1 Materials (d) Delegation to the Director of the other organic substances; uranium and Control Regulation 1 (formerly § 903.0), Division of Liquidation. The Secretary related materials ; gases; and (ii) analyt­ as previously amended (12 F. R. 2995, of Commerce has delegated to the Di­ ical chemistry, chemical microscopy, 6359, 6433, 13 F. R 2262), is amended to rector of the Division of Liquidation, Of­ spectrochemical analysis, electrodeposi­ read as follows: fice of the Secretary, Department of tion, physical chemistry, thermochemis­ Commerce the following functions trans­ try. § 329.1 Materials Control Regula­ ferred by Executive Order 9841 : (6) Division 6; mechanics, (i) Sound tion 1. (1) Functions under section 124 of the aerodynamics, engineering mechanics, EXPLANATION Internal Revenue Code, as amended (tax hydraulics; and (ii) aeronautic and engi­ (a) Explanation. By Executive order, amortization). neering instruments, mechanical appli­ the President has transferred to the (2) Functions with respect to claims ances. under the Contract Settlement Act of * * * * * 1944 and claims under any other statute, 1 Formerly: Title 32—National Defense; (13) Division 13; electronics, (i) Chapter IX—Office of Materials Distribution, based on actions of, or arising out of in­ Electronic ordnance devices; and (ii) Bureau of Foreign and Domestic Commerce, structions or requests of the War Pro­ applications of electronics to scientific Department of Commerce; Part 903—Delega­ duction Board or any of its predecessor and technical problems. tions of Authority. agencies. Tuesday M ay 11, 1948 FEDERAL REGISTER 2509 (3) Functions with respect to claims duction Board and the Civilian Produc­ shall not be required at any place other r e la t in g to property requisitioned by the tion Administration, the responsibility than the place where the person against C h a ir m a n of the War Production Board for which has been transferred to the whom the subpoena is issued resides or or b y a n y of his predecessors. Director of the Office of Domestic Com­ transacts business; (4) Functions under the Renegotia­ merce. This section also provides for (ii) Such subpoenas may be issued tion Act of 1943. the taking and disposition of appeals upon the request of any party to a pro­ from suspension orders issued after a ceeding before him and on a showing by CONFIRMATION OF ACTIONS hearing before a Compliance Commis­ such party that the evidence sought is (e) Confirmation of certain actions. sioner, or from consent orders; and for of general relevance and reasonable The following rules, regulations, orders, the establishment of more detailed poli­ scope, and is properly obtainable by directives, directions, authorizations, cies, standards and procedures for the subpoena; certificates, procedural documents and conduct of hearings and such other (5) Commissioners are further author­ other actions which are in effect on May matters. ized and required to furnish or have fur­ 7, 1948 are hereby adopted, ratified and (b) Deputy compliance corhmission- nished to any person compelled to sub­ confirmed and shall remain in full force ers. The Compliance Commissioner is mit data or evidence, a copy of such data and effect until they expire by their terms hereby authorized to select and to desig­ or a copy of the transcript of evidence or are revoked or amended: nate Deputy Compliance Commissioners upon payment of lawfully prescribed (1) All those issued or taken by or to assist in performing the functions de­ costs; or if such person has a copy of under authority of the Director of the scribed in paragraph (c) of this section such data, or a transcript of such evi­ Office of Materials Distribution. in respect to cases referred to the Com- * dence, to permit him to retain the same; (2) All those issued or taken by or pliance Commissioner by the Office of (6) The reports of the Commissioners under authority of the Temporary Con­ Domestic Commerce. as to the facts found shall be binding trols Administrator, the Civilian Pro­ (c) Delegation of functions to com­ upon the respondent and the Office of duction Administrator, the War Produc­ missioners. The Compliance Commis­ Domestic Commerce for the purpose of tion Board, or in the name of the War sioner and any Deputy Compliance Com­ administrative compliance proceedings. Production Board or the Civilian Pro­ missioners designated pursuant to para­ On appeal by the respondent, however, duction Administration, countersigned or graph (b) of this section are hereby the facts may be reviewed and new find­ attested by the Recording Secretary or authorized: ings of fact made, in the manner and to other authorized official, or in accord­ the extent described in paragraph (e) ance with Civilian Production Adminis­ (1) To consider all charges of viola­ of this section. tration Regulation 1, or in accordance tion of orders, regulations and other ad­ „ (d) Proceedings before Commission­ with Office of Temporary Controls Regu­ ministrative actions referred to them; ers—(1) Notice to respondent. The hear­ lation 1, and which were adopted, rati­ (2) To preside at hearings held for ing before the Compliance Commissioner fied and confirmed by the Secretary of this purpose; to administer oaths and or a Deputy Compliance Commissioner Commerce in the original issuance of this affirmations; to hold conferences for the on charges of violation shall be held after regulation on May 2,1947 (12 F. R. 2995). settlement or simplification of the issues by consent of the parties, although not reasonable notice to the person charged (Second War Powers Act, as amended and to adjust cases; to dispose of procedural with the violation, who is referred to extended, 56 Stat. 177; Pub. Laws 188, requests or similar matters; to rule upon herein as the respondent, of the time, 427, 469, 80th Cong.; E. O. 9841, April 23, offers of proof and receive relevant evi­ place and nature thereof, the legal au­ 1947, 12 F. R. 2645; E. O. 9942, April dence; to determine the facts; and to thority and jurisdiction under which the 1,1948, 13 F. R. 1823) hearing is to be held, and a summary recommend appropriate administrative statement^ the charges and of the al­ Issued this 7th day of May 1948. action including the issuance of suspen­ sion orders in proper cases; and to rec­ leged facts or conduct on which the William C. F oster, ommend referral of cases to the Depart­ charges are based. Acting Secretary of Commerce. (2) Conduct of hearings. Hearings ment of Justice for criminal or civil pro­ will be conducted in an impartial man­ [F. R. Doc. 48-4215; Filed, May 7, 1948; ceedings whenever the Commissioner ner. The Commissioner shall afford the 10:07 a. m.] holding the hearing considers such re­ ferral to be appropriate; respondent and the Compliance Officer of ODC reasonable opportunity for the (3) To preside at hearings and investi­ submission and consideration of facts, gatory proceedings held in connection arguments, offers of settlement, or pro­ [Materials Control Reg. 2,1 as Amended with investigations of alleged violations posals of adjustment where time, the na­ May 7, 1948] even though no formal charge has been made; ture of the procedure and the public in­ Part 329—D elegations of Authority terest permit. The burden of proof to (4) For the purpose of obtaining any establish the violation complained of for the Office of D omestic Com­ information, verifying any report re­ merce shall be upon the Compliance Officer. quired, or making any investigations con­ The Commissioner shall not consider ar­ compliance commissioner functions for cerning the violation of any order, regu­ guments against the policy effectuated office of domestic commerce lation, or other administrative action, to by the order or regulation charged to administer oaths and affirmations and Section 329.1 Materials Control Regu­ have been violated. Each party shall be to require by subpoena issued in the name afforded opportunity to present his case lation 2 (formerly § 373.1) is amended to of the Secretary of Commerce by a Com­ read as follows: by oral or documentary evidence and to missioner, the attendance of witnesses conduct such cross-examination as may § 329.1 Materials Control Regulation and the production of books, records, or be required for a full disclosure of the 2—(a) Explanation. Pursuant to De­ other documentary or physical evidence facts. The Commissioner himself may partment Order 76, as amended, there determined by the Commissioner to be also examine or cross-examine any wit­ has been established in the Office of the relevant; ness. Any oral or documentary evidence Secretary of Commerce the position of (i) Subpoenas issued pursuant to this relevant and material to the issues may Compliance Commissioner for the Office subparagraph shall be returnable before be admitted; but irrelevant, immaterial of Domestic Commerce. This section a Commissioner. If prior to the return and unduly repetitious evidence will be provides for the performance of certain date specified in the subpoena, the person excluded. At the conclusion of evidence, functions by the Compliance Commis­ against whom the subpoena is issued both parties shall be given an opportu­ sioner and by Deputy Compliance Com­ furnishes the Commissioner, or the per­ nity to present oral arguments. At the missioners to assure compliance with son upon whose request the subpoena was close of the hearing, or within five days orders, regulations and other adminis­ issued, with a true and certified copy of thereafter if request is made at the hear­ trative actions of the Office of Domestic the books, records, or other documentary ing, each of the parties will be permit­ Commerce, including those of the Office evidence called for by the subpoena, or ted to submit proposed findings and of Materials Distribution, the War Pro- enters into a stipulation with him as to conclusions with supporting reasons, the information contained in such books, although this shall not be required. 1 Formerly: Part 373—Office of Materials records, or other documentary evidence, (3) Report of findings and recom­ Distribution, Delegation of Authority. then the production of such evidence mended action. The Commissioner shall 2510 RULES AND REGULATIONS proceed with all reasonable dispatch to staff shall be the Director of ODC, or a der staying the operation of a suspension conclude the case before him, by mak­ Deputy designated by him for such pur­ or consent order on such conditions, if ing findings of fact relevant to the vio­ pose, and the other members of the Ap­ any, as he may deem proper for assur­ lations charged, together with his con­ peals and Review Staff shall be two mem­ ing continuing compliance with ODC clusions (i) as to whether or not the facts bers of the Director’sstaff designated by orders and regulations by the respond­ found constituted, as charged, a viola­ the Chairman. ent. tion of any order, regulation or other (2) All appeals shall be taken in ac­ (2) Supplementary policies, standards administrative action of the Office of cordance with rules and procedures, not and procedures. The Compliance Com­ Domestic Commerce or of the Director inconsistent with this section, to be ap­ missioner may recommend the adoption thereof, or a false or fraudulent state­ proved by the Solicitor of the Depart­ of policies, standards and procedures to ment or representation or concealment ment of Commerce before publication in be followed by himself and the Deputy of a fact relevant and material to the the F ederal R egister, in accordance Compliance Commissioners, as well as administration or enforcement of any with paragraph (f) (2) of this section. rules and procedures for the taking and such administrative action, in violation (3) Oral arguments upon appeal may, disposition of appeals and for applica­ of section 35 (a) of the U. S. Crim­ in the discretion of the Chairman, be tion for stays of suspension and consent inal Code; (ii) if so, whether or not the heard upon the request of either party. orders, not, inconsistent with this sec­ violation was wilful, or the result of gross After a review of the record of the case tion. Suchr policies, standards, proce­ negligence. Any such findings and con­ and in light of the appeal, and any an­ dures and rules shall become effective clusions adverse to the respondent must swer and reply, the Chairman shall after they are approved by the Solicitor be supported by and in accordance with either deny or grant the appeal, in whole of the Department of Commerce. The reliable, probative and substantial evi­ or in part. There shall be no further official statement of such matters may be dence, except as to any matters which administrative appeal from his decision, incorporated in and' consolidated with may be admitted by the respondent.- which shall be final. On appeal by a re­ the general statement of compliance The Commissioner’s findings and con­ spondent from a suspension order, the procedures published in the Federal clusions shall be stated in a written re­ Chairman may review the facts found by R egister under Part 334, Procedures, of port which he shall file with the Com­ the Commissioner and his conclusions, Chapter III, Bureau of Foreign and Do­ pliance Officer of the ODC. The report and make new findings of fact or conclu­ mestic Commerce, Department of Com­ shall include a recommendation for ad­ sions, but he shall give due regard to the merce, of Title 15, Commerce. ministrative action or other disposition opportunity had by the Commissioner to (g) Separation of functions. In the of the case. Where the Commissioner judge the credibility of witnesses and performance of their functions under considers it appropriate for the case to shall not set aside any findings of fact or this section, the'Compliance Commis­ be referred to the Department of Justice conclusions unless clearly erroneous. On sioner and Deputy Compliance Commis­ for criminal or civil proceedings, with or an appeal by the Compliance Officer of sioners shall be responsible to the Secre­ without further administrative proceed­ ODC, the Commissioner’s findings of tary of Commerce, and not to the Direc­ ings, his report shall be accompanied by facts and conclusions shall not be sub­ tor of the ODC, and shall not be subject a separate recommendation for such re­ ject to review but only his recommenda­ to the supervision or direction of the lat­ ferral. The Commissioner shall direct tions. On an appeal from a consent or­ ter, or of any officer, employee or agent the closing of the case if he finds that the der by the respondent the Chairman may engaged in the performance of investiga­ facts do not constitute as charged (i) refer the case to a Commissioner for tive or prosecuting functions for the either a wilful violation or misrepresen­ hearing and report. On an appeal by ODC. The Compliance Commissioner tation or (ii) a violation or misrepresen­ either party, the Chairman may direct and Deputy Compliance Commissioners tation caused by gross negligence or (iii) the closing of the case, or a modification shall not consult with either the re­ an unauthorized acquisition? delivery, of the suspension or consent order which spondent or the Compliance Officer of consumption, use or disposition of ma­ has been issued or recommended for is­ the ODC on any facts in issue at their terials or facilities subject to ODC orders suance by a Commissioner, including an hearings,.unless upon notice and oppor­ or regulations. If an appeal from such a increase in the restrictions or the period tunity for both parties to attend and direction to .close is not taken by the they remain in effect. The Chairman’s participate. Compliance Officer of the ODC within decision shall be incorporated in an Neither the Compliance Officer of 10 days after the filing of the Commis­ opinion, a copy of which shall be fur­ ODC nor his subordinates shall partici­ sioner’s report with the ODC the case nished the respondent if a suspension or pate or advise in any decision as to the shall be closed as to the administrative consent order is issued or continued in facts or conclusions as to any fact in proceedings, and the Compliance Officer effect, or in other cases if so directed by issue, made by any Compliance Commis­ will so notify the respondent. the Chairman. The Chairman may also sioner, or made by the Chairman of the (4) The testimony and oral statements at any time revoke any suspension or Appeals and Review Staff upon art ap­ at the hearing shall be recorded, tran­ consent order or modify it by diminish­ peal. scribed and certified by a competent ing the period of suspension or the re­ (h) Criminal or civil proceedings not stenographer. This transcript with any strictions imposed, even though no ap­ affected. No action by the Compliance exhibits introduced and other papers and peal has been taken by the respondent. Commissioner, a Deputy Coifimissioner, requests filed in the proceedings before (4) Upon an appeal, the Chairman or the Chairman of the Appeals and Re­ the Commissioner, shall constitute the may direct the reopening of the case be­ view Staff shall preclude or affect the record for decision, and shall be certified fore a Commissioner for the purpose of referral of a case to, the. Department of by the Commissioner and forwarded with admitting additional evidence or rehear­ Justice for criminal or civil proceedings; his report to the Compliance Officer of ing by thè Commissioner, and the sub­ although any recommendation for such the ODC. mission of a further report on the case. referral by a Compliance Commissioner (e) Appeals. (1) Any person against After such rehearing, the Commissioner will be given due consideration. whom a suspension or consent order has shall amend any previous findings of (Second War Powers Act, 1942, 56 Stat. been issued by the Office of Domestic fact, conclusions or recommendations 177, as amended and extended (Pub. Laws Commerce may appeal from any or all previously made in the case, or confirm 188 and 427, 80th Congress); Pub. Law of the provisions of such order, subject to those previously made, or make new ones^ 469, 80th Congress; Executive Order the rules prescribed for the taking of ap­ and may recommend that the suspension 9841, April 23, 1947, 12 F. R. 2645; Ex­ peals. The Compliance Officer of ODC or consent order be continued in force, ecutive Order 9942, April 1, 1948,13 F. R- may also appeal from a Commissioner’s modified, or revoked, or a new order is­ 1823; Materials Control Regulation 1, as recommendation for administrative ac­ amended May 7, 1948, supra) tion or from his direction for the closing sued. His report shall be filed with the of a case, in accordance with such rules. Chairman for consideration in the de­ Issued this 7th day of May 1948. termination of tlje appeal. All such appeals shall be considered and William C. F oster, determined by the Chairman of the Ap­ (f) Other functions—(1) Stays. The Acting Secretary of Commerce. peals and Review Staff of ODC, with the Compliance Commissioner is hereby au­ advice and assistance of other members thorized upon the application of a re­ [P. R. DOC. 48-4267; Piled, May 7, 1948; of such staff. The Chairman of such spondent to direct the issuance of an or­ 4:56 p .m.] Tuesday, M ay 11, 1948 FEDERAL REGISTER 2511

P a r t 330—G e n e r a l O rganization a n d Sec. 8 334.4 Initial action upon reported F u n c t i o n s 334.17 Closing compliance cases. 334.18 Appearances. violations. When any alleged or appar­ FUNCTIONS TRANSFERRED FROM OFFICE OF 334.19 Separation of functions. ent violation is brought to the attention MATERIALS DISTRIBUTION 334.20 Disqualification of Commissioner. of the Compliance Officer, he determines 334.21 Policies, standards and procedures whether to make a compliance investi­ Part 330, Office of Domestic Com­ for compliance hearings and ap­ gation or compliance survey, or to close merce, General Organization and Func­ peals. the case. If he determines that an in­ tions, is amended as follows: 834.22 Criminal or civil proceedings not vestigation or survey should be made, 1. By adding the following at the end affected by administrative pro­ ceedings. he will proceed with it, or refer the case of § 330.1 Creation : “In addition, by De­ to an approp|iate official for such pur­ partment Order No. 18, Amendment 1, Procedural Document 2 pose, as explained above. If the case is May 7, 1948, the functions of the Office referred to another official, he will make of Materials Distribution have been GENERAL MATTERS the investigation or survey and submit transferred to the Office of Domestic § 334.1 Explanation. The sections in his report and recommendations thereon Commerce.” % this part explain the general course and to the Compliance Officer. Upon the in­ 2. By adding the following at the end method by which the Office of Domestic formation disclosed by the investigation of § 330.2 General purpose and func­ Commerce secures compliance with its or survey, the Compliance Officer deter­ tions: “In addition to the above, the orders, regulations and other adminis­ mines whether it is appropriate to close Office of Domestic Commerce carries out trative actions, including those of the the case, or to take further action. Such the purposes and functions previously Office of Materials Distribution, Civilian further action may consist of referring carried out by the Office of Materials Production Administration and War the case through the assigned counsel to distribution.” 1 Production Board with which it is still the Department of Justice for criminal (R. S. 161, 5 U. S. C. 22) concerned, up to the point where par­ prosecution or civil proceedings, or ad­ ticular cases are referred to the Depart­ ministrative action as explained below, Issued this 7th day of May 1948. ment of Justice for civil or criminal pro­ or both. H. B. McCoy, ceedings in the courts. Such orders, Director, regulations and administrative actions OPPORTUNITY FOR ADJUSTMENT WITHOUT Office of Domestic Commerce. are hereafter referred to for convenience COMMISSIONER’S HEARING Approved: as “orders,” except where the context in­ § 334.5 Notice to respondent. If the dicates that a suspension order or con­ Compliance Officer and General Counsel W il l i a m C . F o s t e r , sent order is referred to. consider administrative action to be ap­ Acting Secretary of Commerce. The explanatory matter below in­ propriate rather than or in addition to, [P. R. Doc. 48-4210; Filed, May 7, 1948; cludes procedure within the Office of the institution of civil or criminal pro­ 10:07 a. m.] Domestic Commerce; the handling of ceedings, the Compliance Officer custom­ cases referred to the Compliance Com­ arily sends a letter or telegram to the missioner for consideration under the person charged with the violation, who is [Procedural Document 2,* as Amended authority delegated to him and Deputy referred to as the respondent. Such May 7, 1948] Compliance Commissioners under Mate­ communication notifies the respondent Part 334—Procedural R ules rials Control Regulation 2 (§ 329.2 of this that information has been received as to chapter); the proceedings before such facts or conduct which may constitute odc compliance procedure Commissioners, and administrative ac­ a violation of an order by him and may Procedural Document 2 (formerly in tions based thereon; and appeals from warrant the institution of administrative Part 372) is transferred to Part 334 and --the decisions of the Commissioners. proceedings before a Commissioner. It is amended to read as follows: § 334.2 Responsibility for compliance. contains a summary statement of such GENERAL MATTERS The Compliance Officer and the assigned facts or conduct, refers to the order, and Sec. affords the respondent an opportunity to 384.1 Explanation. counsel of the Office of Domestic Com­ 334.2 Responsibility for compliance. merce are responsible for obtaining com­ demonstrate that he has met the require­ 334.3 Investigations and inspections. pliance with its orders. This includes ments of the order or to adjust his op­ 834.4 Initial action upon reported viola­ authority for the handling of investiga­ erations to meet the past and future re­ tions. tions and administrative proceedings, quirements of the order. This or any OPPORTUNITY FOR ADJUSTMENT WITHOUT and recommendations and assistance to subsequent administrative proceedings COMMISSIONER’S HEARING the Department of Justice for the prose­ will not, however, affect any criminal 834.5 Notice to respondent. cution of criminal and civil proceedings, prosecution of the respondent for a vio­ 334.6 Consent orders. lation, as explained in § 334.22. 334.7 Temporary suspension orders. arising out of violations of such orders. 834.8 Referral to Compliance Commis­ § 334.3 Investigations and inspections. § 334.6 Consent orders, (a) Upon re­ sioner. The Compliance Officer has the primary ceipt of the notice referred to in § 334.5, COMMISSIONERS, HEARINGS AND REPORTS responsibility within the ODC for au­ if the respondent promptly requests an 334.9 Compliance Commissioners. thorizing and conducting investigations opportunity to present his case, which 334.10 Searings by Commissioners. and surveys relating to compliance with should be done by letter or telegram to SUSPENSION ORDERS orders. He has authority to inspect the the Compliance Officer, Office of Domes­ tic Commerce, Department of Com­ 334.11 Form and effect of suspension orders. books, records and other writings, prem­ 334.12 Effective dates of suspension orders; ises or property of any person, and to merce, Washington 25, D. C., the Com­ stays. make or cause to be made such investi­ pliance Officer receives and considers such facts as may be presented. The re­ APPEALS gations as may be necessary or appro­ 334.13 Appeals. priate in his discretion to the enforce­ spondent will ordinarily be permitted to ment or administration of orders. The present his facts in person, or through SPECIAL HEARINGS AND INVESTIGATORY Compliance Officer in making inspec­ his attorney, to the Compliance Officer in PROCEEDINGS Washington unless he wishes to submit 334.14 Special, proceedings. tions and investigations and in the prep­ a complete written statement by mail, aration and presentation of cases before either of which must be done promptly. MISCELLANEOUS MATTERS the Compliance Commissioners and to 334.15 Subpoenas. He is entitled to be represented by 334.16 Inspection and copies of record. the courts, may utilize the services of offi­ counsel as explained in § 334.18. If cials and staffs of Government depart­ the Compliance Officer is satisfied that 1 For explanation of these purposes and ments or agencies assigned to compliance there has been no violation or that the functions, see Part 370—General Organiza­ matters. Such inspections and investi­ violation was not wilful or substantial, tion and Functions of the Office of Mate« gations are made under authority of rials Distribution (12 F. R.-6355) and 8 829.1 he may close the case. If the respondent Materials Control Regulation 1, as amended Federal statutes including Title HI of admits the violation, a consent order May 7, 1948, supra. the Second War Powers Act of 1942, as may be issued upon the respondent’s ‘ Formerly: Part 372, Compliance Proce­ amended, and the Rubber Act of 1948 agreement and with the approval of the dure of Office of Materials Distribution. (Pub. Law 469, 80th Cong.), Compliance Officer and assigned counsel. 2512 RULES AND REGULATIONS (b) Consent orders customarily have Secretary of Commerce, the attendance for the submission and consideration of the same effect as suspension orders, of witnesses and the production of books, facts, arguments, offers of settlement, or which are explained in § 334.11 (c). In records or other documents or physical proposals of adjustment where time, the cases where a quota has been exceeded, evidence determined by them to be rela- nature of the procedure and the public a quota adjustment may be made by the vant. Materials Control Regulation 2 interest permit. Attendance at such a issuance of a consent order reducing the (§ 329.2) delegates authority to the Com­ hearing by the respondent is purely vol­ respondent’s future quota by the amount pliance Commissioner and to Deputy untary, and he is not required to appear of the excess. If the Compliance Officer Commissioners, and defines generally or offer evidence; if he does not choose to finds that the quota was not substan­ their duties and how proceedings are appear the proceeding will go forward tially exceeded, he may girder it to be conducted. without him. adjusted with the agreenrent of the re­ (b) All hearings are customarily held (2) The respondent is entitled to be spondent without the issuance of a in Washington, D. C., in a room assigned represented by counsel, as explained in formal consent order. Consent orders for that purpose by the Department of § 334.18. If he wishes to offer evidence, become effective upon issuance. Commerce, with a Compliance Commis­ his position should be supported by per­ (c) Appearance in response to the no­ sioner presiding. The holding of hear­ sons thoroughly familiar wjth his opera­ tice described in § 334.5 is purely volun- ings at other places will ordinarilj- not be tions and the controls he has established tary, and no person is under any com-" possible due primarily to budgetary and to comply with orders, incKiding such pulsion to appear, or to make any reply personnel limitations, and no respond­ persons as are necessary to present his or showing, or to agree to any consent ent is entitled to insist upon a hearing evidence or explanation of the charges. order or adjustment. No person should outside of Washington. In exceptional If his records or reports are to be offered agree to any consent order or adjust­ cases, where a respondent within five in support of his defense or explanation, ment unless he thoroughly understands days after receipt of notice of a hearing the person offering such records or re­ the order or adjustment,, and wishes to notifies the Compliance Officer by letter ports should be familiar with their prep­ agree to it of-his own free will. The or telegram that he wishes to apppear aration and factual background. An Compliance Officer will not approve the and offer evidence, that he or one or more original and two copies of any explana­ issuance of a consent order of the mak­ of his material witnesses reside and are tory statement and an original and one ing of an informal adjustment unless he employed more than 100 miles from copy of every other document to be of­ is satisfied that the respondent under­ Washington and it is not practicable for fered for the Commissioner’s considera­ stands it and agrees to it. them to be present there, and that he tion should be submitted at the hearing. requests the hearing to be held at a more (3) The Compliance Officer is repre­ § 334.7 Temporary suspension orders. convenient place, the Compliance Officer sented by attorneys and such investiga­ Whenever the Compliance Officer consid­ may, if he finds it feasible to do so under tors, analysts, or other witnesses as are ers that time, the nature and effect of the limitations referred to in this para­ necessary to present the case against the an apparent violation, and the public graph, request the Compliance Commis­ respondent. interest so requires, he may with ap­ sioner to designate a Deputy Commis­ (4) The Commissioner presides at the proval of the assigned, counsel direct the sioner to hear the case, or to hear it him­ hearing. He will customarily state at issuance of a temporary suspension or­ self, at some place more convenient for the outset the purpose of the hearing, der without notice to respondent where the respondent. If such arrangements the procedure to be followed, and the. (a) there has been a violation which was are made, the respondent will be notified types of findings and recommendations clearly wilful; or (b) the public interest of the time and place of the hearing; and he may make. He will advise the re­ so requires;' or (c) in other cases, but if not, he will be notified of the time and spondent that the wilful violation of an only after the respondent has been given place of the hearing in Washington. order, or the wilful concealment of a ma­ an opportunity to present his case in the The following description of the pro­ terial fact or making of a false or fraudu­ manner described in §§334.5 and 334.6. ceedings at hearings is applicable lent statement or representation know­ In all cases, however, the respondent is whether the hearing is held before the ingly, are criminal offenses, pointing out advised of the charges against him and Compliance Commissioner or a Deputy the statutory penalties therefor; he will a hearing before a Commissioner is held Commissioner designated by him; and explain that the respondent is entitled as soon as practicable after the issuance the presiding officer is referred to as the to his constitutional and statutory privi­ of a temporary suspension order and in Commissioner, for brevity. leges against self-incrimination, and is any event before such order is made per­ under no compulsion to make any state­ manent unless the respondent waives the § 334.10 Hearings by Commissioners— ments or to offer any explanation. A hearing or consents to the - ction taken. (a) Charging letters. Prior to a hearing by a Commissioner, the Compliance Offi­ copy of the charging letter will be shown § 334.8 Referral to Compliance Com­ cer arranges for timely and adequate no­ to the respondent if he appears, and will missioner. If the respondent does not tice to the respondent of the time, place be identified and marked as an exhibit. request an opportunity to present his and nature of the hearing and the legal The Commissioner may administer oaths case, or presents it and fails to demon­ authority and jurisdiction under which it and affirmations; however, witnesses are strate that there was no violation and not placed under oath or affirmation un­ is to be held. This notice, which is re­ less the Commissioner deems this advis­ does not agree to the issuance of a con­ ferred to as a charging letter, is sent usu­ sent order, the Compliance Officer may able. He may also rule upon offers of ally 15 days in advance of the date ini­ proof and will receive relevant evidence. then refer the case to the Compliance tially set for the hearing, and includes a Commissioner. He may'regulate the course of the hear­ summary statement of the charges and of ings, dispose of procedural requests or COMMISSIONERS, HEARINGS AND REPORTS the alleged f a^ts or conduct on which the similar matters, and by consent of the charges are based. Also, the Compliance § 334.9 Compliance Commissioners. parties may hold conferences for the set­ Officer sees that notice of the hearing is tlement or simplification of the issues The Compliance Commissioner for Office given to the official who investigated the of Domestic Commerce is appointed by although he does not adjust cases. case. (5) At the beginning of each hearing, the Secretary of Commerce. He may (b) Procedure; hearing powers; evi­ select and designate Deputy Compliance the Commissioner will attempt to deter­ dence; and reports. (1) Hearings by mine what facts, if any, are in issue. The Commissioners to assist him with his Commissioners are designed to afford as responsibilities. The Compliance Com­ Compliance Officer has the burden of close an approximation to judicial pro­ proof. Compliance Commissioners do missioner and Deputy Commissioners ceedings as is possible under the circum­ are responsible to the Secretary of Com­ not consider arguments against the stances, and to bring forth all facts and policy which the order is designed to merce, and not to the Director of Office circumstances relevant to the charges of Domestic Commerce. effectuate. which have been made; and if violations (i) If the respondent appears and (a) The Compliance Commissioner are found, to indicate what administra­ and Deputy Commissioners hear and con­ admits the facts which constituted the sider charges of violation of orders re­ tive action would be advisable and how violation charged, the Commissioner ferred to him by the Compliance Officer. violations may be prevented in the fu­ will request the respondent to present They have authority to administer oaths ture. Formal pleadings are not required. whatever explanation or defense he has and affirmations and to require by sub- The Commissioners afford respondents to offer respecting the charges. This pena issued by them in the name of the and the Compliance Officer opportunity should be restricted to matters which Tuesday, M ay 11, 1948 FEDERAL REGISTER 2513 may excuse or explain the violation. that the facts do not constitute either a corporated in a proposed suspension The respondent should proceed with any wilful violation or misrepresentation, or order and submitted to the Compliance explanation or excuses he may wish to a violation or misrepresentation caused Officer. Upon approval by the Com­ offer, including testimony or exhibits. by gross negligence of the respondent, pliance Officer and the assigned counsel, (ii) On the other hand, if the re­ or an unauthorized acquisition, delivery, the order is issued in the name of the spondent does not appear, or appears possession, consumption, use or disposi­ Office of Domestic Commerce. and does not admit all of the charges, tion of materials or facilities subject to (b) The Compliance Officer and the the Compliance Officer will be called ©DC orders. If the Commissioner di­ assigned counsel may also review the re­ upon to produce proof of all charges not rects the closing of the case, the Com­ port and jointly direct the issuance of admitted, and may offer evidence in pliance Officer has 10 days from the fil­ a suspension order differing from that support of the charges. The respondent ing of the Commissioner’s report within recommended by a Commissioner but*- is then permitted an opportunity to Which to appeal.. If the Compliance Of­ only in that the terms of the suspension cross-examine and offer contrary evi­ ficer does not appeal, he notifies the or thè restrictions imposed are less se­ dence or explanations. respondent that the case has been closed. vere. They may not prescribe a more (iii) Each party is afforded opportu­ (9) The testimony and oral state­ restrictive order than has been recom­ nity to present his case or defense by ments at the hearing are recorded and mended, although an appeal may be oral or documentary evidence, and to transcribed by an official court or other taken by the Compliance Officer as ex­ conduct such cross-examination as may competent stenographer. The stenog­ plained in § 334.13. be required for a full disclosure of the rapher will attach to the transcript and (c) Suspension orders may withdraw facts. Examination of witnesses on be­ sign a certificate that it and any accom­ or withhold priorities and allocations half of the Compliance Officer will cus­ panying exhibits are a complete tran­ assistance from a respondent, restrict tomarily be conducted by his attorney. script of the testimony taken and state­ him in the acquisition, production, use The Commissioner himself may also ex­ ments made at the hearing, except such or disposition of materials and facilities amine or cross-examine any witness. matter as was stated by the Commis­ subject to ODC orders or items contain­ (6) Any oral or documentary evidence sioner to be “off the record,” and that ing such materials, or otherwise restrict relevant and material to the issues may they include all written exhibits. The him so as to assure future compliance. be admitted; but irrelevant, immaterial transcript and other documents consti­ Suspension orders are not ordinarily is­ and unduly repetitious evidence will be tuting the record are certified to the sued unless the Commissioner finds that excluded, in order to keep the reed'd as Compliance Officer of the Office of Do­ the violations were wilful or caused by clear and concise as possible. The Com­ mestic Commerce by the Compliance gross negligence, but where the suspen­ missioner will endeavor to ascertain such Commissioner with his report. sion order is designed to effect a read­ details of the respondent’s .operations as (10) At any time after a hearing and justment in cases where the respondent will be helpful to him in his considera­ before the issuance of a suspension order, has .exceeded his allowable quota or allo­ tion and action upon the case. He may the Commissioner who held the hearing cation of receipts, use, production or de­ also call upon expert witnesses during may reopen the case for a rehearing and livery of materials, or to reducet an ex­ the course of the hearing. the admission of additional evidence, cessive inventory, or to put a stop to vio­ (7) After the conclusion of evidence, upon application made to him in writing lations, no finding of wilfullness or gross the Compliance Officer and respondent by the respondent or by the Compliance negligence is required. will each be given an opportunity to pre­ Officer. The application must contain a (d) The Compliance Officer may at sent oral arguments. Prior to this, all condensed statement of such evidence, any time, with the approval of the as­ argumentative statements or explana­ show that it is material, and explain why signed -counsel, ^direct the issuance of tions will customarily be excluded. At it could not be or was not introduced at spécifie exceptions or authorizations un­ the close of the hearing, or within five the hearing. der suspension or consent orders. days thereafter if .request has been made Rehearings will not customarily be at the hearing; each of the parties may granted by a Commissioner unless it is § 334.12 Effective dates of suspension submit to the Commissioner for his con­ shown that the existence of the evidence orders; stays, (a) Suspension orders sideration, proposed findings and con­ was not known to the applicant at the take effect at the end of five days after clusions with supporting reasons there­ time Of the hearing or that it could not publication in the F e d e r a l R e g is t e r . A for, although this is not required. If such be obtained at that time by subpoefia or copy of the suspension order is also material is submitted, the record will otherwise. If the case is reopened, the served on the respondent by registered show the Commissioner’s rulings thereon. Commissioner will give prompt advice of mail or personally. However, if an ap­ (8) The Commissioner will proceed the time, place and nature of the hear­ plication for a stay of a suspension order with all reasonable dispatch to conclude ing to the respondent by registered mail is made in writing to the Compliance the case before him by filing a report and to the Compliance Officer. After a Officer, Office of Domestic Commerce, with' the Compliance Officer of ODC. suspension order has been issued, a case Department of Commerce, Washington The report will contain a statement of may be reopened only on an appeal, as 25, D. C., within such five day period, the the facts found by him to be relevant to explained in § 334.13. •, suspension order is further stayed auto­ the violations charged, together with his (11) The report of a Commissioner as matically until the expiration of five days conclusions: (i) As to whether or not the to the facts found by him upon a hear­ after service of an order denying the facts constituted a violation of any order, ing is binding upon the respondent and stay. If an application for a stay is made or a false or fraudulent statement or upon the Compliance Officer for the pur­ after such five day period has expired representation or concealment of a fact pose of the administrative compliance and the suspension order has taken ef­ which is relevant and material to the proceedings, except on appeals as ex­ fect, the suspension order is not auto­ administration or enforcement of an plained in § 334.13. matically stayed. order, in violation of section 35 (a) of (12) Hearings before Commissioners (b) Any application for a stay will be the U. S. Criminal Code, as charged; (ii) are not open to the public or the press. referred immediately to the Compliance if so, whether or not the violation was The transcript, exhibits and report and Commissioner, who, in his 'discretion, wilful or the result of gross negligence. recommendations of the Commissioner and upon a showing of irreparable harm Such findings, and conclusions will be and copies thereof will not be furnished if thè order is not stayed, may direct the based only upon reliable, probative and or made available for inspection to mem­ issuance of an order staying the suspen­ substantial evidence, except when ad­ bers of the public not parties to the hear­ sion order on such conditions, if any, as mitted by the respondent. The report ing or to their representatives. Copies he may deem proper for assuring con­ will also include a recommendation for will be made available to respondents, tinuing compliance with orders by the administrative action or other disposition or witnesses, to the extent explained in respondent. Such applications will not of the case. Where considered appro­ § 334.16. be favorably considered by the Compii-'' priate by the Commissioner, the report ance Commissioner unless the respond­ will be accompanied by a recommenda­ SUSPENSION ORDERS ent has also appealed from the suspen­ tion for referral of the case to the De­ § 334.11 Form and effect of suspen­ sion order, or has indicated his intention partment of Justice for criminal or civil sion orders, (a) When a Commissioner to do so and demonstrated the need for proceedings. The Commissioner’s report recommends the taking of administra­ additional time in which to prepare and directs the closing of the case if he finds tive action, his recommendations are in­ present his appeal, or has demonstrated 2514 RULES AND REGULATIONS the need for additional time in which to report, or proposed different findings conclusions or recommendations previ­ conform his operations to the require­ and conclusions, with supporting rea­ ously made in the case by a Commis­ ments of the .suspension order. sons. A respondent’s appeal may also sioner, or make new ones, and may rec­ (c) If the Compliance Commissioner set forth the effect of the suspension or ommend that the suspension or consent decides that the suspension order should consent order upon the respondent’s op­ order be continued in force, modified, or not be stayed, he will direct the issuance erations and any unforeseeable condi­ revoked, and will incorporate these in his of an order denying the stay. The re­ tions which may have developed since report. This report will be filed with sponded will be notified of the denial. its issuance and justify its mitigation. the Chairman for consideration in his (d) The Compliance Officer may him­ The Chairman will not consider argu­ determination on the appeal. Rehear­ self direct the issuance of an order stay­ ments against the policy effectuated by ings will customarily be granted only ing a temporary suspension order. the order or regulation charged to have under the conditions described in (e) All suspension orders and all or­ bden violated. § 334.10 (b) (10). ders staying suspension orders will be (3) Within 15 days after his receipt of SPECIAL HEARINGS AND INVESTIGATORY issued in the name of the Office of Do­ a copy of an appeal, the appellee may PROCEEDINGS mestic Commerce. file with the Chairman a signed original (f) Suspension orders, and orders and three copies of an answer to the ap­ § 334.14 Special proceedings. Pro­ staying suspension orders, are published peal. The Chairman will transmit one ceedings before a Commissioner may also in the F e d e r a l R e g is t e r . Orders deny­ copy to the appellant. Within 5 days be held in connection with investigations ing stays are merely served on the re­ after receipt of a copy of an answer, the of alleged violations, even though no spondent by registered mail or as other­ appellant may file with the Chairman a formal charge has been made., Such wise provided by law. Consent orders signed original and three copies of a re­ hearings will not be held, however, for are also published in the F e d e r a l R e g i s ­ ply. The Chairman may in his discretion the purpose of permitting any party to t e r . All such published orders are cus­ require the filing of an answer or reply conduct “fishing expeditions.’’ tomarily accompanied by a press release. within a shorter period of time, or may (a) Special hearings at request of re­ extend the time for filing an answer or spondent. A special hearing may be held APPEALS reply. at the request of any person against § 334.13 Appeals, (a) After a Com­ (4) The Chairman may in his discre­ whom any of the following actions has missioner has concluded a hearing and tion, after the filing of an appeal (and been taken: made his report, appeals may be taken answer and reply, if any), permit the (1) When a letter or telegram has as explained below, and will be consid­ appellant to appear before him and make been sent to him by the Compliance Offi­ ered by the Chairman of the Appeals an oral presentation of the appeal. The cer directing him to discontinue certain Board. The Appeals Board is headed by appellee will be notified of any such hear­ action alleged to be contrary to an order, the Director of the Office of Domestic ing and he or his representatives may and he waives the issuance of a charging Commerce, or a deputy designated by attend and be heard. letter and demands an immediate hear­ him, who acts as Chairman. He reviews (5) After a review of the record of the ing before a Commissioner; or and decides, with the assistance and ad­ case in the light of the appeal, and any (2) When a temporary suspension vice of two or more members of the Di­ answer and reply, the Chairman of the order has been issued against him by the rector’s staff, all appeals from suspension Appeals Board will either deny or grant ODC and he waives the issuance of a or consent orders taken by respondents the appeal, in whole or in part, and his charging letter and demands an immedi­ and all appeals from recommendations decision thereon is final. On appeal by ate hearing before a Commissioner; or of Commissioners taken by the Compli­ a respondent from a suspension order, (3) When a referral has been made on ance Officer. Appeals may be made as the Chairman may review the facts and behalf of ODC to a United States Attor­ follows: make new findings of fact, although he ney for criminal prosecution, and the (1) By respondents. Any person will give due regard to the opportunity prospective defendant requests a hear­ against whom a suspension or consent of the Commissioner to judge the credi­ ing before a Commissioner and is willing order has been issued may appeal for re­ bility of witnesses and not set aside any to waive immunity; but only if the hold­ lief from any or all of the provisions of findings of fact unless clearly erroneous. ing of the hearing is approved by the as­ the order. The appeal must be made in On any appeal by either party, he may signed counsel of ODC and the United writing: and if from a suspension order, direct the closing of the case, or a modi­ States Attorney in charge of the case. be submitted within thirty days from the fication of the suspension or consent or­ Application for a, special hearing date of issuance of the order. However, der which was recommended for issu­ should be made in writing to the Com­ the Chairman of the Appeals Board may ance by the Commissioner, including, pliance Commissioner, Office of Domestic in his discretion permit the filing of an after notice to the Compliance Officer Commerce, Department of Commerce, appeal at any time during the effective and the assigned counsel, an increase in Washington 25, D. C., and should explain period of a suspension order. the restrictions or the period they re­ briefly why such a hearing should be (2) By Compliance Officer. The Com­ main in effect. The decision of the held. He will ^advise the applicant pliance Officer may appeal from an order Chairman will be followed by the issu­ whether or not* such a hearing will be by a Commissioner directing the closing ance of such order, or the modification granted; and if the hearing is granted, of a case or from his recommendation for or revocation of the existing order, as the respondent and the ODC will be administrative action. The appeal must may be required to carry out his decision. notified of the time, place and nature of be made in writing and be submitted A copy of his opinion will be furnished the hearing. The charges of violation to within 10 days of the time of the filing of the respondent through the Compliance be heard, or other issues to be deter­ the report of the Commissioner. How­ Officer when a suspension or consent or­ mined, will be clearly and concisely ever, the Chairman of the Appeals der is continued in effect, or when it is stated in writing at the hearing, either Board may in his discretion extend the revoked if so directed by the Chairman. by formal stipulation or in the form of a time for filing an appeal. (c) The Chairman may also at any charging letter so that the respondent (b) Proceedings on appeals. (1) The time, after notice to the assigned coun­ and the ODC will be clearly informed of party appealing, who is referred to as sel, revoke any suspension order, or the nature and scope of the hearing and the appellant, will file a signed original modify it by diminishing the period of so that these matters will appear in the and three nopies of the appeal with the suspension or the restrictions imposed, record. Chairman of the Appeals Board, Office even though no appeal from the order (b) Investigatory proceedings. In or­ of Domestic Commerce,-Department of has been taken by the respondent. der to secure information which investi­ Commerce, Washington 25, D. C. The gators have been unable to obtain, an in­ Chairman will transmit one copy to the (d) Upon an appeal, the Chairman vestigatory proceeding may be held at other party who is referred to as the may direct the reopening of the case be­ the request of the Compliance Officer for appellee. fore a Commissioner for the purpose of the purpose of obtaining any informa­ (2) The appeal must set forth the admitting additional evidence or rehear­ tion, verifying any report required, or points relied upon by the appellant, to­ ing by the Commissioner, and the sub­ making any investigation which may be gether with supporting arguments. The mission of a further report on. the case. found necessary or appropriate to the appeal from a suspension order may in­ After such rehearing, the Commissioner enforcement or administration of any clude exceptions to the Commissioner’s may amend any previous findings of fact, order, Tuesday, M ay 11, 1948 FEDERAL REGISTER 2515 (c) Procedure. The procedure in such ment for perjury committed in so testify­ (2) Has been, within one year, an cases will in general follow that ex­ ing. officer or employee of the Department plained in § 334.10, to the extent appli­ . (c) Witnesses are entitled to the same of Commerce or Civilian Production cable, but in an investigatory proceeding fees and mileage that are paid witnesses Administration. held at the request of the Compliance in the courts of the United States, such (b) Subject to the foregoing, ahy per­ Officer, no findings' of fact, conclusions fees to be paid by the party at whose in­ son compelled to appear in person, or or recommendations will be made by the stance the testimony is taken. Respond­ appearing voluntarily, will be afforded Commissioner. ent should tender to his witnesses the the right to be accompanied, represented fees for one day’s attendance and the and advised by counsel, or by any other MISCELLANEOUS MATTERS mileage allowed by law when subpoenas qualified representative, although this is § 334.15 Subpoenas, (a) In any hear­ are served on them. not required. ing before a Commissioner at which the respondent has voluntarily appeared and § 334.16 Inspection and copies of rec­ § 334.19 Separation of functions. In upon his request, and at any investiga­ ord—(a) In investigatory proceedings. the performance of their functions de­ tory proceeding upon the request of the In investigatory proceedings held at the scribed in this document, the Compliance Compliance Officer or the respondent, request of the Compliance Officer as Commissioner and Deputy Commission­ the Commissioner may require by sub­ described in § 334.14 (b), a witness will ers are responsible to the Secretary of poena issued by him in the name of the customarily be permitted an inspection Commerce, and not to the Director of the Secretary of Commerce the attendance of the official transcript of his testimony. Office of Domestic Commerce, and are of witnesses and the production of books, (b) In hearings. In ali hearings, Com­ not subject to the supervision or direc­ records or other documentary or physi­ missioners will furnish or have furnished tion of the latter, or of any officer, em­ cal evidence determined by the Commis­ to any person compelled to submit data ployee or agent engaged in the perform­ sioner to be of,general relevance and rea­ or evidence, a copy of such data or a copy ance of investigative or prosecuting sonable scope and otherwise properly ob­ of the transcript of such evidence upon functions for the Office of Domestic Com­ tainable by subpoena. payment of lawfully prescribed costs; or merce. The Compliance Commissioner Such subpoenas will be returnable be­ if such person has a copy of such data or and the Deputy* Compliance Commis­ fore a Commissioner. If prior to the re­ a transcript of such evidence, the Com­ sioners do not consult either the re­ turn date specified in the subpoena, the missioner will permit him to retain the spondent Or the Compliance Officer on person against whom the subpoena is is­ same. The respondent may obtain a copy any fact iff issue at their hearings, un­ sued furnishes the Commissioner or the of the transcript at his own expense. less upon notice and opportunity for both party at whose request it is issued, a true (c) Commissioners' reports. A copy of parties to attend and participate. and certified copy of the books, records the report made by the Commissioner, Neither the Compliance Officer nor his or other documentary evidence called for referred to in § 334.10, will be furnished , subordinates will participate or advise to the fespondent by the Compliance Of­ in any decision as to the facts or conclu­ by the subpoena, or enters into a stipu­ sions as to any fact in issue, either upon lation with him as to the information ficer upon the issuance of a suspension contained therein, then the production order, and may be sent him at thè direc­ issues as to whether or hot there was a tion of the Commissioner if he closes the violation, or whether or not a violation of such books, records and other evidence case; and after an appeal decided ad­ was wilful or the result of gross negli­ will not be required at any place other versely to the respondent, a copy of the gence, made by the Compliance Commis­ than the place where the person against sioner or- Deputy Commissioners, or by whom the subpoena is issued resides or opinion will be sent respondent, as ex­ plained in § 334.13 (b). the Chairman of the Appeals Board,, transacts business. upon an appeal. (b) No person (individual, corporate (d) Transcript. For the purpose of or otherwise) is excused from attending any appeal from, review or proceeding for, § 334.20 Disqualification of Commis­ and testifying or from producing books, the enforcement of a suspension order, sioner. Any Commissioner may at any records or other documentary evidence the transcript and exhibits and Commis­ time withdraw if he deems himself dis­ or certified copies thereof or physical evi­ sioner’s report, and if an appeal is taken, qualified; and, upon the filing in good dence in obedience to any such subpoena, the opinion of the Chairman of the Ap­ faith of a timely and sufficient affidavit on the ground that the testimony or evi­ peals Board, together with all papers and of personal bias or disqualification of a dence, documentary or otherwise, re­ requests filed by either party at any stage Commissioner, the Compliance Commis­ quired of him may tend to incriminate in the proceedings, shall be parts of the sioner will determine the matter as a him or subject him to a penalty or for­ record ; and a suspension order will not be part of the record and decision in the feiture. However, wilful violations of based upon extraneous matter. case. orders are criminal offenses, punishable § 334.17 Closing compliance cases. § 334.21 Policies, standards and pro­ by imprisonment or fine under the Sec­ Compliance cases are closed as follows : cedures for compliance hearings and ap­ ond War Powers Act, 1942, as amended, (a) Prior to a hearing before a Com­ peals. The Solicitor of the Department or the Rubber Act of 1948 (Pub. Law 469, missioner a case may be closed or a of Commerce has approved general poli­ 80th Cong.) and the wilful concealment warning letter may be issued to the re­ cies, standards and procedures to be fol­ of any material fact or making of, or spondent, or a consent order may be lowed by the Compliance Commissioner causing to be made, any false or fraudu­ issued. and by Deputy Commissioners, as well as lent statement knowingly in any matter (b) After'a hearing has been held in a rules and procedures for the taking and Within the jurisdiction of any department case before a Commissioner, the case may disposition of appeals, and for the appli­ or agency of the United States are be closed only by the direction or with cation for stays. An explanation of such criminal offenses punishable by impris­ the consent of the Commissioner unless general policies, standards, procedures onment or fine under section 35 (a) of an appeal is taken to the Chariman of the and rules is included above in conjunc­ the United States Criminal Code, and Appeals Board. tion with the explanation of other com­ individual witnesses at any of the hear­ (c) After a case has been considered pliance matters covered by the regula­ ings and other proceedings described in on appeal by the Chairman of the Ap­ tions in this part. peals Board, the case may be closed or this document are entitled to their con­ § 334.22 Criminal or civil proceedings stitutional and statutory privileges the terms of the suspension order modi­ fied only at his direction. not affected by administrative proceed­ against Salf-incrimination. No individ­ ings. The issuance, non-issuance, modi­ ual is subject to prosecution and punish­ § 334.18 Appearances, (a) A respond­ fication, stay or revocation of a suspen­ ment or to any penalty or forfeiture for ent may not be represented before the sion or consent order, or recommenda­ Or on account of any transaction, matter, Compliance Officer any Compliance tions of such actions by the Compliance or thing concerning which he is com­ Commissioner, or the Chairman of the Commissioner, or a Deputy Commis­ pelled by any such subpoena to testify Appeals Board, by any person who : sioner, does not preclude or affect the or produce evidence, documentary or (1) Is or has been at any time associ­ referral of the case to the Department otherwise, after having claimed his privi­ ated with the specific matter involved of Justice for the institution of criminal lege against self-incrimination, except as an officer or employee of the Depart­ or civil proceedings. that any such individual so testifying is ment of Commerce or the Civilian Pro­ (Second War Powers Act, 1942, 56 Stat. not exempt from prosecution and punish­ duction Administration; or 177, as amended and extended (Pub. Laws 2516 RULES AND REGULATIONS

188, and 427, 80th Congress); Pub. Law NOTIFYING CUSTOMERS OF RESTRICTIONS pose. The signature must be either by 469,80th Congress; Executive Order 9841, Sec. ’ V hand or in the form of a rubber stamp April 23, 1947, 12 F, R. 2645; Executive 336.16 Notification of customers. or other facsimile reproduction of a Order 9942, April 1, 1948, 13 FTR. 1823; TRANSFERS OF QUOTAS, ETC. handwritten signature; however, if a Material Control Regulation 1, as 836.17 Transfers of quotas; transfers of a facsimile signature is used, the individ­ amended May 7, 1948, supra) business as a going concern. ual who uses it must be duly authorized in writing to use it by the person whose Issued this 7th day of May 1948. GENERAL RESTRICTIONS ON USE OF AUTHORIZATIONS signature it is, and a written record of O f f i c e o f D o m e s t i c the authorization must be kept. C o m m e r c e , 336.18 Quantities and kinds of materials or When a purchase order is placed by services obtainable with alloca­ B y R a y m o n d S . H o o v e r , telegram and the certificate is used, the Issuance Officer. tions assistance. certificate must be set out in full in the [F. R. Doc. 48-4266; Filed, May 7, 1948; FORM OF OFFICIAL ACTIONS telegram. It will be sufficient if the file 4:56 p ,m.] 836.19 ' ODC official signature. copy of the outgoing telegram is signed 336.20 Official interpretations. in the manner required for certification by this regulation. Allocations Regulation 1. (b) Signature on other documents. PURPOSE, SCOPE, AND DEFINITIONS The above rules for signing certificates [Allocations Reg. I,1 as Amended May 7,1948] on purchase orders also apply to the sig­ § 336.1 Purpose and scope of this reg­ P art 336—Regulations Applicable to ulation; definitions. This regulation nature on reports, applications for au­ the Operation of the Allocations states the basic rules of the Office of Do­ thorizations -to use a certificate, and and Export Priorities S ystem other documents that are required to mestic Commerce, Department of Com­ be filed under orders and regulations BASIC RULES merce, which apply to business trans­ of the ODC. Allocations Regulation 1 (formerly in actions affected by its regulations or (c) Responsibility for truth of certi­ Part 945) is transferred to Part 336 and orders, unless the transactions are cov­ fication. The person who places the is amended to read as follows: ered by more specific ODC regulations or certified order or makes the application, orders which are inconsistent with this The fulfillment of requirements for the report or other document, the individual regulation. whose signature is used, and'the indi- defense of the United States, has created The following definitions apply for shortages in the supplies of certain mate­ „ vidual who approves the use of the sig­ purposes of this regulation and any other nature shall each be considered to be rials and facilities for defense, for private regulation or order of the ODC unless account, and for export; and the follow­ making a representation to the ODC otherwise indicated. - r that the statements contained in the ing regulation is deemed necessary and (a) “Person” means any individual, appropriate in the public interest and to certificate or other document are true to partnership, association, business trust, the best of his knowledge and belief. promote the national defense, and to corporation, governmental corporation effectuate the policies set out in the legis­ The person receiving the certification or agency, or any organized group of aiid other information required to be lation under which, this regulation is persons, whether incorporated or not. administered. included with it shall be entitled to rely (b) “Material” means any, commodity, on it as a representation of the buyer PURPOSE, SCOPE, DEFINITIONS equipment, accessory, part, assembly or unless he knows or has reason to know Sec. product of any kind. that it is false. 336.1 Purpose and scope of this regulation; (c) “Allocations assistance” means definitions. any authorization by the ODC under a EFFECT OF ODC ORDER ACTIONS USE OF CERTIFICATIONS regulation or other document issued by § 336.3 Effect of other regulations and 336.2 Certifications on purchase orders and it, to obtain materials or facilities. The orders. A limited number of materials other documènts. term includes but is not limited to au­ are subject to control under orders of the thorizations for the use of export pref­ EFFECT OF ODC ORDER ACTIONS ODC, usually referred to as conservation erence certificates on orders entitled to or limitation orders, directions and sup­ 836.3 Effect of other regulations and orders. priority for export purposes, as well as 336.4 Effect of revocation of orders and plements as published in the F ed er a l certificates required to obtain materials R e g is t e r , and in some instances alloca­ regulations. but not entitled to priority. tions are made under them. Also, in ex­ GENERAL RESTRICTIONS ON MATERIALS (d) “ODC” means the Office of Do­ ceptional cases, the ODC may issue spe­ 336.5 Use or disposition of material ac­ mestic Commerce, Department of Com­ cific directions by letter or telegram to quired with allocations assistance. merce, and, where appropriate, its pred­ named persons for the delivery of those 336.6 Intra-company deliveries. ecessors, the Office of Materials Dis­ or other materials or the use of facilities. SCOPE OF ODC ORDER ACTIONS tribution (Department of Commerce), Such published rules, specific allocations the Civilian Production. Administration made under them, and specific directions 336.7 Scope of regulations and orders. (Office of Temporary Controls), the War for the delivery of materials or the use of “ EXCULPATORY" PROVISION Production Board, and the Office of Pro­ facilities must be complied with regard­ 836.8 Defense against claims for damages. duction Management. less of export preference certificates or ratings, unless otherwise specified. GENERAL INVENTORY RESTRICTIONS USE OF CERTIFICATIONS § 336.4 Effect of revocation of orders 336.9 Inventory restrictions. § 336.2 Certifications on purchase or­ ders and other documents—(a) How to and regulations, (a) When an order or GENERAL DELIVERY RESTRICTIONS use a certificate on a purchase order. regulation of the ODC is revoked, all pub­ 336.10 . Delivery for unlawful purposes pro­ When a person uses a certificate re­ lished amendments, schedules, appen­ hibited. quired or permitted under any ODC or­ dices, and directions to that order or regulation are revoked, unless otherwise RECORDS AND REPORTS der, regulation or direction, he must place it on the purchase or delivery order stated in the instrument revoking the 336.11 Records. order or regulation. 336.12 Audit and inspection. which is being certified, or on a separate (b) Whenever an order or regulation 336.13 Reports. piece of paper either attached to the purchase order or clearly identifying it. of the ODC is revoked, all directions, au­ VIOLATIONS A signature on the purchase order shall thorizations, allocations, production or 336.14 Violations. delivery schedules and other instruments apply to the certificate on an attached addressed to named persons pursuant to APPEALS or unattached piece of paper only where that order or regulation are revoked, un­ 336.15 Appeals for relief in exceptional the words above the signature clearly less otherwise stated in the instrument of cases. make it include the certificate. revocation. The certificate must be verified by the 1 Formerly: Title 32—National Defense; (c) “Suspension orders” and “con­ Chapter IX—Office of Materials Distribution, signature of the person placing the or­ sent orders” issued on the basis of a vio­ Bureau of Foreign and Domestic Commerce, der, or of a responsible individual who lation of orders and regulations of the Department of Commerce; Part 945. is duly authorized to sign for that pur­ ODC remain in effect after revocation of \

Tuesday, M ay 11, 1948 FEDERAL REGISTER 2517 such orders and regulations, unless are covered by previous contracts. Reg­ and other pertinent information. Rec­ otherwise provided. If you are subject ulations and orders apply to transactions ords kept by any person pursuant to this to a suspension order or consent order in the territories or insular possessions of section shall be kept either separately which you think should be lifted or modi­ the United States unless the regulation from the other records of such person fied because of the lifting of the restric­ or order specifically states that it is lim­ and chronologically according to daily tion on which the violation was based, ited to the continental United States or deliveries by such person, or in such form you may address a request for relief to to the 48 states and the District of Co­ that such a separate chronological record the Compliance Officer, Office of Domes­ lumbia. However, restrictions of ODC can be promptly compiled therefrom; ex­ tic Commerce, Department of Commerce, orders or regulations on the use of ma­ cept that this section does not require the Washington 25, D. C. terial or on the amount of inventory shall records kept under it to be kept sepa­ GENERAL RESTRICTIONS ON MATERIALS not âpply when the material is used or rately from those which may have been the inventory is held directly by the Army required under regulations or other rules § 336.5 Use or disposition of material or Navy outside the 48 states and the of the Housing Expediter. Whenever a acquired with allocations assistance. District of Columbia, unless otherwise regulation or order requires a person to (a) Any person who gets material with specifically provided. Exports and de­ restrict his operations in proportion to allocations assistance must, if possible, liveries of material to be exported may his operations in a base period .(for use or dispose of it (or of the product be made regardless of any ODC order example, an order may forbid him to into which it has been incorporated) for or regulation restricting inventories of use more of a certain kind of material the purpose for which the assistance was material or uses thereof in manufacture than he used in the fourth quarter of given. This restriction applies to ma­ or otherwise, or requiring certificates 1942) he must determine, as accurately terial obtained by means of a certificate, with respect to such inventories or uSes, as is reasonably possible, his base period allocation, specific direction, or any other insofar as such inventories are main­ operations and preserve a written rec­ action of the ODC. Physical segrega­ tained or such uses occur in the country ord of any figures and work sheets show­ tion is not required as long as the restric­ to which such material is to be exported, ing how he made his calculations for in­ tions applicable to any specific lot of ma­ but shall be subject to such restrictions spection by ODC officials as long as the terial or product are observed with re­ with respect to inventories maintained or regulation or order remains in force and spect to an equivalent amount of the uses occurring within the United States for two years after that. Whenever a same material or product. The above prior to export. person is restricted as to the quantity of restriction does mot apply in the fol­ “ exculpatory ” p r o v i s i o n material he may use in production or lowing two cases, but the rules on fur­ the amount he may produce, under ther use or disposition in paragraph (b) § 336.8 Defense against claims for quota restrictions, limitation orders, au­ below must be observed: (1) When a ma­ damages. No persons shall be held lia­ thorized production schedules, special terial, or a product into which it has ble for damages or penalties for any de­ directions or similar provisions he must been incorporated, can no longer be used fault under any contract or order which keep reasonably adequate records of the for the purpose for which the assistance shall result directly or indirectly from material consumed and of production to was given,(for example, when the as­ compliance with any rule, regulation or show whether he is complying with the sistance was given to fill a particular order of the ODC, notwithstanding that restrictions. This record-keeping re­ contract or purchase order and the ma­ any such rule, regulation or order shall quirement has been approved by the Bu­ terial or product does not meet the cus­ thereafter be declared by judicial or reau of the Budget in accordance with tomer’s specifications or the contract or other competent authority to be invalid the Federal Reports Act of 1942. order is cancelled) ; (2) When the ma­ terial was obtained by means of any g e n e r a l i n v e n t o r y restrictions § 336.12 Audit and inspection. All order, regulation, allocation, specific di­ § 336.9 Inventory restrictions. No records required to be kept by this regu­ rection or other action of the ODC which person may deliver or receive into inven­ lation or by any rule, regulation or order has been revoked or cancelled, unless tory more of any material than is per­ of the Office of Domestic Commerce shall otherwise stated in the instrument of mitted under applicable Office of Domes­ upon request, be submitted to audit and revocation or in any other action of the tic Commerce orders. inspection by its duly authorized repre­ ODC. sentatives. GENERAL DELIVERY RESTRICTIONS' (b) The holder of a material or prod­ § 336.13 Reports, (a) Every person uct Subject to paragraph (a) (1) or (2) § 336.10 Delivery for unlawful pur­ shall execute and file with the ODC such above may sell it as long as he complies poses prohibited. No person shall deliver reports and questionnaires as it shall with all requirements of other applicable any material which he knows or has rea­ from time to time require, subject to the sections of this regulation and of other son to believe will be accepted, redeliv­ approval of the Bureau of the Budget orders and regulations of the ODC, or he ered, held or used in violation of any or­ pursuant to the Federal Reports Act of may use it himself in any manner or for der or regulation of the Office of Domes­ 1942. any purpose as long as he complies with tic Commerce. (b) Reports under ODC orders and such requirements. If the intended use is RECORDS AND REPORTS regulations. (1) If a published regula­ prohibited or restricted, he must appeal tion or order of the ODC requires the or otherwise apply for permission under § 336.11 Records. Each person par­ filing of a report by a specified class of the applicable order or regulation. ticipating in any transaction to which persons you must file the report in ac­ any rule, regulation or order of the ODC § 336.6 Intra-company deliveries. cordance with any applicable instructions applies shall keep and preserve for at if you belong to that class. The instruc­ When any rule, regulation or order of least two years accurate and complete the ODC prohibits or restricts deliveries tions may be in the regulation or order records of the details of each such trans­ itself or on a form or separate instruc­ of any material by any person, such pro­ action and of his inventories of the mate­ hibition or restriction shall, in the ab­ tion sheet. sence of a contrary direction, apply not rial involved. Such records shall include (2) When a published regulation or the dates of all Contracts or purchase order requiring you to file any reports is only to deliveries to other persons, in­ orders accepted, the delivery dates speci­ cluding affiliates and subsidiaries, but revoked, you do not need to file any more also to deliveries from one branch, divi­ fied in such contracts or purchase orders, reports due after that date unless they sion or section of a single enterprise to and in any certificates accompanying are required by another published regu­ another branch, division or section of the them, the dates of actual deliveries there­ lation or order or unless you are notified same or any other enterprise under com­ under, description of the material cov­ to continue to file them in accordance mon ownership or control. ered by such contracts or purchase or­ with the rules stated in paragraph (c) ders, description of deliveries by classes, below. This does not, however, excuse SCOPE OF ODC ORDER ACTIONS types, quantities, weights and values, the you from filing any reports due before parties involved in each transaction, the § 336.7 Scope of regulations and or­ the regulation or order was revoked. certificates, if any, assigned to deliveries (c) Reports not specified in an order ders. All regulations and orders of the under such contracts or purchase orders, ODC (including directions, directives or regulation. The ODC may need ‘in­ details of certified orders (or other or­ formation which is not required under a and other instructions) apply to all sub­ ders required by the ODC to be filled) specific regulation or order. In such sequent transactions even though they either accepted or offered and rejected, cases you must file reports when you re-

/ 2518 RULES AND REGULATIONS ceive or have received a written notice to (a) This section explains when quotas mark or trade-name. He may not, at do so in one of the following ways: and other rights under the allocations any time, use any quota of the trans­ (1) A letter or other written instru­ system may be transferred from one per­ ferred business for any other part of his ment specifically addressed to you issued son to another and states the rules gov­ business. over the signature of the Director of the erning transfer of a business as a going (2) If, on dissolution of a firm, the en­ Office of Domestic Commerce or in the concern. " * tire business is not transferred as a go­ name of the Office of Domestic Com­ (b) Specific provisions in orders or ing concern to a single successor, but is merce, countersigned or attested by the regulations govern. This regulation does divided up in any way, application must Issuance Officer. not apply in any case where an applica­ be made to the ODC for a determination (2) A report form or instruction sheet ble order or regulation provides a dif­ of quotas and other rights and duties with an official form number in the ferent rule. under ODC orders and regulations. “ODC” series bearing your name or en­ (c) What is meant by ,,quota.,> As (3) An order or regulation of the ODC closed in an envelope specifically ad­ used in this regulation “quota” means a which places any restriction on the dressed to you. quantitative limit which is placed on the transfer of any particular material or Approval of the Bureau of the Budget production or delivery of items, or on the product does not apply to a transfer will be indicated on the notice or on a acquisition or use of material, by an which is part of a transfer of the own­ report form or instruction sheet referred order or regulation of the ODC. Most ership of an entire business as a going to in the notice. quotas are in the form of a specified concern, and ODC approval need not be percentage of production or use during VIOLATIONS obtained for any such transfer. a previous base period or in the form of (i) Permission in exceptional cases on § 336.14 Violations. Any person who a specified number of items which may appeal. In any case where the above violates any provision of this regulation be produced. rules work an exceptional hardship, spe­ or any other rule, regulation or order of (d) Quota applies to actual manufac­ cific permission may be given on appeal the ODC, or who, by any statement or turer. Where a manufacturer does not for the transfer of a quota, or a specific omission, wilfully falsifies any records sell his product in his own name, but authorization or for other exceptions which he is required to keep, or who makes it for another person under whose from the rules. An appeal for the otherwise wilfully furnishes false or mis­ name it is sold, and an order of the ODC transfer of a quota should be filed as an leading information to the ODC, and any imposes a quota on manufacturers of appeal from the order imposing the person who obtains a delivery, an allo­ the product, that quota applies to the quota by the person who wishes it trans­ cation of material or facilities, or an au­ person who actually makes the product ferred to him. If the person from whom thorization to use a certificate by means rather than to the one under whose it is to be transferred agrees to the trans­ of a material and wilful, false or mis­ name it is sold. fer, he should join in the appeal. It is leading statement, may be prohibited by (e) Distribution of quota where quota not expected that permission will be the Office of Domestic Commerce from holder has several establishments. granted for the purchase or sale of a making or obtaining further deliveries Where the holder of a quota has several quota for any consideration in any case of material or using facilities under allo­ establishments, he may distribute his where the principal purpose of the trans­ cation control and may be deprived of quota among them, and change the dis­ action is merely to transfer the quota. further allocations assistance. The tribution in any way, he wishes unless Office of Domestic Commerce may also the quota was acquired on a transfer of GENERAL RESTRICTIONS ON USE OF take any other action deemed appro­ a going business as explained in para­ AUTHORIZATIONS priate, including the making of a recom­ graph (h) (1) below. § 336.18 Quantities and kinds of ma­ mendation for prosecution under section (f) Transfer of quotas forbidden in terials or services obtainable with alloca­ 35 (A) of the Criminal Code (18 U. S. C. most cases. No quotas may be trans­ tions assistance. When allocations as­ sec. 80), or under other applicable stat­ ferred from one person to another under sistance is granted by the ODC, the per­ utes. any circumstances, except in connection son authorized may use it to get only that APPEALS with the transfer of a business as a going quantity and kind of material or that § 336.15 Appeals for relief in excep­ concern as explained in paragraph (h) particular service specified in the author­ tional cases. Any person who considers (1) below or with the express permission ization or other document issued by ODC. that compliance by himself or another of the ODC. Permission to transfer quo­ If the quantities of material are not with a rule or regulation or order of the tas may be expressly given in an order, stated in the ODC authorization or other ODC would work an exceptional and un­ or regulation or on appeal as explained document, it may be used only to get the reasonable hardship upon him which is in paragraph (i) below. minimum amount needed. No person not suffered generally by others in the (g) Transfers of specific authoriza­ may place such authorized orders for same industry or activity or would result tions forbidden. No person may trans­ more material than he is authorized, even in improper discrimination against him fer to another any right granted by spe­ if he intends to cancel some of the orders may appeal for relief. Unless other­ cific authorization except where this is or to reduce the quantity of material wise specified in the rule, regulation or part of a transfer of a going business as ordered to the authorized amount before order involved, appeals should be made explained in paragraph (h) (1) below. it is all delivered. The only cases in by letter, signed by appellant (or a duly (h) Transfer of business as a going which a certified order may be used to authorized official of appellant’s com­ concern. (1) Whenever an entire busi­ get services, as distinct from the pro­ pany) . I (Allocations Regulation 3 ex­ ness is transferred as a going concern to duction or delivery of material, are when plains what such a person may do if he is a new owner who continues to operate ODC authorizes a named person to use dissatisfied with the decision on his in­ substantially the same business in the the certificate to get specified services, itial appeal for relief.) same establishment, using substantially or when a person authorized to use a the same trade-mark or trade-name, if certificate on a certified order to get proc­ NOTIFYING CUSTOMERS OF RESTRICTIONS any, all rights and obligations under essed material furnishes the unprocessed § 336.16 Notification of customers. ODC orders and regulations which ap­ material to a processor and uses the cer­ Any person who is prohibited from or re­ plied to the business before the transfer tificate to get it processed. stricted in making deliveries of any ma­ continue applicable after the transfer, terial by the provisions of any rule, regu­ and the old owner no longer has them. FORM OF OFFICIAL ACTIONS lation or order of the ODC shall, as soon The business under the new ownership § 336.19 ODC official signature. All as practicable, notify each of his regular has the same quotas, specific authoriza­ actions taken in performance of the customers of the requirements of such tions and other rights and duties created functions or in exercise of the powers, rule, regulation or order, but the failure by ODC orders and regulations as it had authorities, and discretion now or here­ to give notice shall not excuse any cus­ under the old ownership. However, the new owner may not continue to exercise after vested in the Director of the Office tomer from the obligation of complying of Domestic Commerce, under Materials with any requirements applicable to him. any such rights if he discontinues op­ eration of the business he acquired or Control Regulation 1, may be taken by TRANSFERS OF QUOTAS, ETC. operates it as a substantially different the Director of the Office of Domestic § 336.17 Transfers of quotas; trans­ business or in another establishment, or Commerce, or in the name of the Office fers of a business as a going concern. if he uses a substantially different trade­ of Domestic Commerce countersigned or Tuesday, M ay 11, 1948 FEDERAL REGISTER 2519 attested by the Issuance Officer of the regulations or orders of any other Temporary Controls) and adopted the Office of Domestic Commerce,^ agencies. outstanding rules, regulations and orders (b) Requirements. So far as regula­ pf that agency, including Allocations § 336.20 Official interpretation—(a) tions of the agencies specified in para­ Regulation 1. Classés of official interpretations. There graph (a) above are concerned, the re­ On April 1, 1948, the Office of Housing are two classes of official interpretations quirements are as follows: Expediter revoked Priorities Regulation of ODC rules, regulations, orders, and (1) The only provision now in effect is 1. The notice of revocation (13 F. R. other actions—“published interpreta­ set out in Allocations Regulation 1 of the 1901) contained the following statement tions” and “unpublished interpretations.” Office of Materials Distribution. That in a footnote: By “published interpretation” is meant regulation contains a section which reads In connection with the records keeping an official interpretation which has been in part as follows : requirements of Priorities Regulation 1, this published in the F e d e r a l R e g is t e r . In § 945.11 Records. Each person partici­ revocation applies only to the Office of Tem­ the usual case, interpretations will be pating in any transaction to which any rule, porary Controls (Civilian Production Ad­ so published only when the interpreta­ regulation or order of the OMD applies shall ministration) regulations and orders trans­ tion is of wide general interest. By “un­ keep and preserve for at least two years ac­ ferred to and adopted by the Housing Expe­ published interpretation” is meant any curate and complete records of the details diter in Housing Expediter Priorities Order other interpretation issued pursuant to of each such transaction and of his inven­ 5. It does not apply to the keeping of rec­ tories of the materials involved. * * * ords in connection with any other Office of this regulation. Unpublished interpre­ Temporary Controls (Civilian Production tations are issued to one or more in­ (2) Under AR-I, records need be kept Administration) regulations and orders. (See dividuals and interpret a regulation or only for transactions which (i) are less Allocations Regulation 1 issued by the Office order with respect to individual transac­ than two years old and in addition (ii) of Temporary Controls (Civilian Production tions or operations not believed to be of are those to which rules, regulations or Administration) and now administered by general interest. the Office of Materials Distribution, Depart­ orders of the Office of Materials Distribu­ ment of Commerce.) (b) Authority to issue interpretations. tion apply. This includes rules, regula­ (1) Publishedinterpretations are issued tions and orders issued by the Office of (P. R. Doc. 48-4261; Filed, May 7, 1948; only over the official signature of the Materials Distribution and those trans­ 4:54 p. m.] Office of Domestic Commerce, as pro- ferred to it from the Civilian Production yided for in § 336.20 above. (2) Unpub­ Administration (Office of Temporary lished interpretations are issued only (i) Controls.1 [Allocations Regulation 2,1 as Amended May in the same form as published interpre­ (3) Under AR-1, records need not be 7, 1948] tations, or (ii) over the name of the kept if either (i) they relate only to counsel assigned to the Office of Domes­ transactions which are more than two P art 336—R egulations Applicable to tic Commerce or the Office of the Solici­ years old or (ii) they were established in the Operation of the Allocations and tor, Department of Commerce. connection with Office of Production Export P riorities S ystem (c) Effect of interpretations. (1) A Management, War Production Board or RESTRICTED EXPORT PREFERENCE ASSISTANCE published interpretation shall have the Civilian Production Administration (Of­ same force and effect as the regulation fice of Temporary Controls) rules, regu­ Section 336.40 Allocations Regulation or order interpreted, regardless of lations or orders which were not trans­ 2 (formerly § 945.40), is amended to read whether a particular individual has ac­ ferred to the Office of Materials Distri­ as follows: tual knowledge of the published inter­ bution. The fulfillment of requirements for the pretation. (2) An unpublished interpre­ (c) Background. General record-keep­ defense of the United States has created tation shall be binding only upon per­ ing requirements were originally estab­ shortages in the supplies of certain ma­ sons having actual knowledge thereof. lished in Priorities Regulation 1, issued terials and facilities for defense, for pri­ (3) In the event of conflict between a by the Office of Production Management vate account, and for export; and the published and an unpublished interpre­ in 1941 and containing a provision simi­ following regulation is deemed necessary tation the published interpretation shall lar to the Allocations Regulation 1 pro­ and appropriate in the public interest prevail. (4) No interpretation shall be vision quoted in paragraph (b) above. and to promote the national defense, and deemed to be official or binding upon the Priorities Regulation 1 was kept in effect to effectuate the policies set forth in the Office of Domestic Commerce unless is­ by the War Production Board and then legislation under which this regulation sued in accordance with this regulation. by the Civilian Production Administra­ is administered. Issued this 7th day of May 1948. tion (Office of Temporary Controls) un­ § 336.40 Allocations Regulation 2. til April 1, 1947. As of that date, the g GENERAL H. B. M cC o y , following steps were taken by the Ci­ Director, vilian Production Administration (Office (a) Purpose. This regulation and its Office of Domestic Commerce. of Temporary Controls) in connection directions set forth the very limited The following interpretation of the with a transfer of its Veterans’ Emer­ scope of export preference assistance record-keeping requirements of Alloca­ gency Housing Program functions to the which will be granted by the Office of tions Regulation 1 was issued by the Of­ Office of Housing Expediter: Domestic Commerce, Department of fice of Materials Distribution on April (1) Transfer of Priorities Regulation Commerce under existing legislation. 15, 1948 (13 F. R. 2018). Since it con­ 1 (and certain other CPA orders and Such assistance, when granted, will usu­ tinues to be appropriate, it is hereby regulations relating to the housing func­ ally be in the form of authorizations to adopted by ODC. tions) to the Office of Housing Expediter place orders with certificates entitling (12 F. R. 2127). the orders to preference. I nterpretation 1 t o A l l o c a t i o n s R e g u ­ (2) Issuance of a new regulation (Al­ The issuance of authorizations to place l a t i o n 1— R e c o r d -K e e p i n g R e q u i r e ­ locations Regulation 1) similar to Priori­ certified export orders will in genera! be m e n t s (OMD, CPA (OTC), WPB, ties Regulation 1 but applying only to limited to assisting the procurement in opiyp matters remaining under the jurisdiction this country of the minimum quantities (a) Purpose. The purpose of this of the Civilian Production Administra­ of materials required to maintain or ex­ interpretation is to clarify the require­ tion (Office of Temporary Controls). pand the production in foreign countries ments for keeping records on transac­ On May 4,1947, the Office of Materials of ihaterials critically needed in this tions affected by rules, regulations or Distribution became the successor to the country, and other cases where the ex­ orders of the Office of Materials Distribu­ then remaining functions of the Civilian port is of high public importance and tion, Department of Commerce, and its Production Administration (Office of essential to the successful carrying out predecessor agencies—the Civilian Pro­ of the foreign policy of the United States. duction Administration (Office of Tem­ *Up to the date of issuance of this inter­ For the purpose of this regulation porary Controls), the War Production pretation, OMD rules, regulations and or­ “certified order” or “certified export or- ders—including those transferred from the Board, and the Office of Production Man­ CPA (OTC)—included the following: AR-1, 1 Formerly: Title 32—National Defense, agement. This interpretation does not AR—2 (and directions), AR-3, M-43, M-81 Chapter IX—Office of Materials Distribution, apply to records whicn may be necessary (and Direction 10), M-84 (now revoked) Bureau of Foreign and Domestic Commerce, or desirable in connection with the rules, M-112, M-131, M-393 (now revoked), R -l. Department of Commerce; Part 945. No. 92----- 3 2520 RULES AND REGULATIONS der” means a purchase or delivery order dian destinations should be made (i) If the person seeking to place the which is certified by the purchaser by use directly to the Office of Domestic Com­ order is unwilling or unable to meet reg­ of the standard form of export prefer­ merce, Department of Commerce, Wash­ ularly established prices and terms of ence certificate described in paragraph ington 20, D. C., Ref. AR-2, also by letter sale or payment (when a person author­ (h) (7) below, or by use of any other in quadruplicate. Such applications ized to place a certified order asks a sup­ certificate authorized and entitled to should give the following information: plier to quote his regularly established preference under another ODC order, (1) Exact nature of applicant’s busi­ prices and terms of sale or payment or regulation or direction for export pur­ ness, i. e., manufacturing farm equip­ the earliest date on which he could make poses. ment, steel mill, etc. delivery on the certified order, the sup­ (2) Exact description of the item for plier must do so, except that if this would CRITERIA FOR AUTHORIZATION which assistance is required, stating (a) require detailed engineering or account­ (b) Cases when certified orders may for materials the kind, quality and unit ing work, he may give his best estimate he authorized. (1) If all the conditions of measure-or (b) for equipment, the without such work and state that it is not of paragraph (b) (2) below are met, au­ make, model, size, type, capacity, etc. binding. However, the supplier need not thorizations to place orders with an ex­ (3) The country of export destination, quote if he is not required to accept the port preference certificate may be grant­ and the exact use to be made in that certified order and knows that he will not ed to permit the placing and filling of country of the item to be exported. do so if he receives it. Any quotation as certified orders for procurement in this (4) Name of supplier and his present to delivery date to a person whose order country of the minimum quantities of delivery promises, and his reasons for not has not been received will be subject to materials under the circumstances de­ promising satisfactory delivery dates. the effect on the supplier’s deliveries of scribed below: (Give the number and date of your pur­ certified orders received by him after (1) Where required to expand or chase order.) making the quotation and before he re­ maintain the production in foreign (5) Efforts made to obtain suitable ceives the firm order from the person countries óf materials critically needed substitutes or reasons why substitutes making the inquiry). in the United States; but only if it is cannot be used. Tii) If the order is for the manufacture found the proposed action will not have (6) A full statement of the importance of a product or the performance of a an unduly adverse effect on the domes-» of making the export at this time from service of a kind which the person to tic economy of the United States; the standpoint of the interests of the whom the order is offered has not usual­ (ii) Where the Secretary of State has United States. ly made or perfoijmed, and in addition certified that the prompt export of ma­ (d) How applications are granted. If if either (o) he cannot fill the order terials is of high public importance and the application is granted, ODC will is­ without substantially altering or adding essential to the successful carrying out sue a written authorization to the appli­ to his facilities or (b) the order can of the foreign policy of the United States, cant' authorizing him to use an export readily be performed by someone else but only if the Secretary of Commerce preference certificate. He may then use who has usually accepted and performed has satisfied himself that the proposed the certificate described in paragraph such orders. action will not have an unduly adverse (h) (7) below. (iii) If the order is for material which effect on the domestic economy of the (e) [Deleted May 7, 1948.1 the person to whom the order is offered United States. produces or acquires for his own use (2) When effective assistance of other ACCEPTANCE OF CERTIFIED ORDERS only, and he has not filled any orders kinds is not practicable (ODC may locate (f) Rules for acceptance and rejection for that material within the past two sources able to ship without preferential of certified orders. Every certified order years. If he has, but the certified or­ aid), an authorization to use an export must be accepted and filled regardless der would take more than the excess preference certificate may be granted for of existing contracts and orders except in over his own needs, he may not reject specific items and quantities of materials the following cases: the certified order unless filling it would in the limited classes of cases described (1) A person must not accept a cer­ interfere with other certified orders al­ in paragraph (b) (1) above, upon deter­ tified order for delivery on a date which ready on hand, or orders which the Office mination in each instance that all the would interfere with delivery on other of Domestic Commerce has directed him following conditions are met: certified or rated orders which he has al­ to fill, for the material or for a product (i) The use of substitute and less ready accepted, or if delivery of the ma­ which he makes out of it. scarce materials is not practicable; terial ordered would interfere with deliv­ (iv) If filling the order would stop or (ii) Reasonable efforts have been ery on an order which the Office of Do­ interrupt his production or operations made to get the required item without mestic Commerce has directed him to fill during the next 40 days in a way which assistance; and for that material or for a product which would cause a substantial loss of total (iii) Preference assistance is required he makes out of it. production or a substantial delay in op­ to obtain the item by the latest date and (2) A person must not accept a cer­ erations. in the minimum quantity practicable, tified order for delivery on a date which (5) Any person who fails or refuses to after taking into consideration material can be met only by using material which accept an order bearing a certificate pro­ already acquired and material available was specifically produced for delivery on vided for under this regulation shall, without assistance. another certified order, and which is upon written request of the person plac­ completed or is in production and sched­ ing the order, promptly give his reasons APPLICATIONS FOR AUTHORIZATION uled for completion within 15 days. in writing for his failure or refusal. (c) How to apply for an authorization (3) If a person, when receiving a cer­ (6) Some orders or directions of the to use an export preference certificate. tified order bearing a specific delivery Office of Domestic Commerce provide Application for an ODC authorization to date, does not expect to be able to fill special rules as to the acceptance and use an export preference certificate for it by the time requested, he must not rejection of orders for particular mate­ all destinations except Canada should accept it for delivery at that time. He rials. In such cases, the rules stated be made by letter in quadruplicate, ad­ must either (1) reject the order, stat­ above in this section are inapplicable to dressed to the Office of International ing when he could fill it, or (2) accept the extent that they are inconsistent with Trade, Department of Commerce, Wash­ it for delivery on the earliest date he the applicable order or direction of the ington 25, D. C., Ref. AR-2. An appli­ expects to be able to deliver, informing Office of Domestic Commerce. In addi­ cation to the Office of International the customer of that date. He may adopt tion, the Office of Domestic Commerce Trade for an export license for the ma­ either of these two courses, depending may specifically direct a person in writ­ terials must also be made, unless such on his understanding of which his cus­ ing to fill a particular purchase order or a license is not required or unless a li­ tomer would prefer. orders. In such cases he must do so cense has already been issued, as the (4) A certified order need not be (but without regard to any of the above rules Office of Domestic Commerce will not may be) accepted in the following cases, in this paragraph (f), except that he may authorize the use of an export prefer­ but there must be no discrimination in insist upon compliance with regularly ence certificate unless any necessary ex­ such cases against certified orders, or be­ established prices and terms of payment. port license has been obtained. Appli­ tween certified orders of different cus­ (7) Certificates not effective for Gov­ cation for such a certificate for Cana- tomers: ernment-owned surplus property. The Tuesday, M ay 11, 1948 FEDERAL REGISTER 2521 above rules in this paragraph (f) for the direction for export purposes and en­ may not, however, delay putting other acceptance and rejection of certified or­ titled to preference, expires if not used certified orders into production for more ders, and in paragraph (i) below for the on an order accepted by a supplier within than 15 days. sequence of filling certified orders, 4o not 6 months of the date the use of the cer­ (j) Delivery or performance dates. apply to sales of surplus material by Gov­ tificate was authorized. (However, a (1) Every certified order must specify ernment agencies. The certificates on certified order is valid until it is filled, delivery or performance on a particular certified orders have no effect either by if it is accepted by a supplier within the date or dates or within specified periods way of obliging a Government agency to time limit provided by this paragraph.) of not more than 31 Says each, which sell surplus property or by way of deter­ If the holder of an authorization to use in no case may be earlier than required mining as among several buyers who an export preference certificate has been by the person placing the order. Any shall get the surplus property. unable to use it before its expiration, he order which fails to comply with this (g) Report to Office of Domestic Com­ may apply to ODC for renewal. Fur­ rule must be treated as an uncertified merce of „ improperly rejected orders. thermore, the certificate may not be order. The words “immediately” or “as When a certified order is rejected in used, even though the time limit stated soon as possible”, or other words to ¿hat violation of this regulation, the person above has not lapsed, if the purpose for effect, are not sufficient for this purpose. who wants to place it may file a report which use of the certificate was au­ (2) The required delivery or perform­ of the relevant facts with the Office of thorized no longer exists. ance date, for purposes of determining Domestic Commerce which will take such (7) Form of standard export prefer­ the sequence of deliveries or perform­ action as it considers appropriate after ence certificate. The standard export ance pursuant to paragraph (i), shall be requiring an explanation from the person preference certificate must be in sub­ the date on which delivery or-perform­ rejecting the order. stantially the following form : ance is actually required. The person PLACING CERTIFIED ORDERS E x p o r t P r e f e r e n c e C e r t if ic a t e with whom the order is placed may as­ The undersigned certifies to the seller and sume that the required delivery or per­ (h) Description of certificates and how to the ODC, subject to the criminal penalties formance date is the date specified in the they are used—(1) How authorized. The of section 35 (A) of the U. S. Criminal Code, order or contract unless he knows either standard export preference certificate that he is authorized to use this certificate (1) that the date so specified was earlier provided for under this regulation is de­ for the materials described, in accordance than required at the time the order was scribed in (h) (7) below. Other orders with ODC Allocations Regulation 2. My au­ thorization number i s _'_(insert the ODC placed, or (2) that delivery or perform­ or directions of the Office of Domestic authorization number). ance by the date originally specified is Commerce may also permit the use of (If the above certification has been used no longer required by reason of any other special forms of certificates en­ in accordance with this regulation before its change of circumstances. A delay in titled to preference, such as that for the amendment containing reference to “OMD” the’ scheduled receipt of any other ma­ use of the symbol CXS on certain orders instead of “ODC”, its validity is not affected terial which the person placing the order for tinplate, described in Direction 1 to and the purchase order need not be recerti­ fied to make this change.) requires prior to or concurrently with this regulation. The standard certificate the material ordered, shall be deemed described below and certificates entitled (8) Report to Office of Domestic a change of circumstances within' the to preference under any other Office of Commerce of improper delay of orders. meaning of the foregoing sentence. Domestic Commerce order or direction When delivery dr performance of a cer­ (3) If, after accepting a certified are of equal value and precedence. tified order is unreasonable or improp­ order which specifies the time of deliv­ Authorizations to use the standard ex­ erly delayed, the customer may file a ery, the person with whom it is placed port preference certificate will be issued report of the relevant facts with the finds that he cannot fill it on time or under the conditions described in this Office of Domestic Commerce which within 15 days following the specified regulation. The use of other certificates will take such action as it considers ap­ time, for any reason, he must promptly will be authorized under the conditions propriate after requiring an explanation notify the customer, telling him approxi­ stated in the ODC order or direction from the person with whom the order is mately when he expected to be able to under which they are issued, which may placed. fill the order. Inability to fill the order provide that they shall • be treated as FILLING CERTIFIED ORDERS on time or within fifteen days following export preference certificates. the specified time does not authorize a (2) Materials or facilities obtainable (1) Sequence of filling certified orders. supplier to cancel the order. with certificates. A person authorized to (1) Every person who has certified or­ use a certified order may use the certifi­ ders oi> hand must schedule his opera­ MISCELLANEOUS PROVISIONS cates only to get the quantities and kinds tions, if possible, so as to fill each certi­ of materials or services authorized, as fied order by the required delivery or (k) Appeals. Any person who consid­ provided in § 336.18 of Allocations Regu­ performance date (determined as ex­ ers that compliance by himself or an­ lation 1. plained in paragraph (j) below). If this other with this regulation would work (3) How to use a certificate. The cer­ is not possible for any reason, he must an exceptional and unreasonable hard­ tificate with a certified order must be give precedence to all certified over un­ ship on him may appeal to the Office of filled in, signed and delivered to the sup­ certified orders. Domestic Commerce for relief. plier in, accordance with the rules stated (2) As between conflicting certified (l) The reporting requirements of in Allocations Regulation 1, and with any orders, precedence must be given to the this regulation have been approved by special rules which may be stated in any order which was received first with the the Bureau of the Budget in accordance other ODC order or direction permitting certificate. As between conflicting cer­ the use of any special form of certificate tified orders received on the same date, with the Federal Reports Act of 1942. other than the standard export prefer­ precedence must be given to the order (Second War Powers Act, 1942, 56 Stat. ence certificate. which has the earlier required delivery 177, as amended and extended (Pub. Laws (4) Certificates not extendible. A per­ or performance date. 188 and 427, 80th Congress); Pub. Law son receiving a certified order may not (3) If a certified order or the certifi­ 4691, 80th Congress; Executive Order extend the certificate to any of his sup­ cate applicable to an order is cancelled 984, April 23, 1947, 12 F. R. 2645; Execu­ pliers. If he is unable to fill the certified when the supplier has materials in pro­ tive Order 9942, April 1, 1948, 13 F. R. order without using a certificate to get duction to fill it, he need not immediately 1823; Materials Control Regulation 1, as some of the materials which he will need stop to put other certified orders into for that purpose, he may apply to ODC production if doing so would cause a amended May 7, 1948, supra) for an authorization to use a certificate substantial loss of total production. He Issued this 7th day of May 1948. for that purpose in accordance with this may continue to process that material regulation. which he had put into production for Office of Domestic (5) [Deleted May 7, 1948.1 the cancelled order to a stage of com­ Commerce, (6) Time limit on certificate. An pletion which would avoid a substantial By R aymond S. Hoover, authorization to use an export pref­ loss of total production, but he may not Issuance Officer. erence certificate, or other certificate incorporate any material which he needs [F. R. Doc. 43-4218; Filed, May 7, 1948; permitted under another ODC order or to fill any certified order on hand. He 10:08 a. m.] 2522 RULES AND REGULATIONS

[Allocations Reg. 2, Direction l ,1 as Amended strict acceptance, scheduling or shipment of Sheet and strip. May 7, 1948] noncertlfied orders for export, if this does Castings (rough as cast). not interfere with shipments of certified Structural shapes and piling. P art 336—Regulations Applicable to orders. Tin plate, terne plate and tin mill black plate. the Operation of the Allocations and (g) Delegation to OIT. The Office of Inter­ Tubing. Export Priorities System national Trade, Department of Commerce, Wheels, tires and axles. may authorize the use of the symbol CX$ Wire rods, wire and wire products. USE AND EFFECT OF SYMBOLS CXS ON CERTAIN under this direction on purchase orders for Forgings (rough as forged). EXPORT ORDERS FOR TINPLATE tinplate, but only to the extent and under Copper and copper base alloy products: the conditions authorized by the Office of Alloy sheet, strip and plate. The fulfillment of requirements for the Domestic Commerce in writing and trans­ Alloy rods, bars and wire. defense of the United States has created mitted to the Office of International Trade. Alloy seamless tube and pipe. a shortage in the supply of tinplate and The Office of International Trade may exer­ Plate, sheet and strip. facilities for making tinplate, for de­ cise this authority through such of its offi­ Rods, bars and wire. fense, for private account andrfor export; cials as the director of that Office may de­ . Tube and pipe. and the following direction is deemed termine. Wire and cable. necessary and appropriate in the public Castings (befpre machining). (Second War Powers Act, 1942, 56 Stat. Aluminum products: interest and to promote the national de­ 177, as amended and extended (Pub. Rod and bar. fense and to effectuate the policies set Laws 188 and 427, 80th Congress); Exec­ Wire (under %"). out in the legislation under which this utive Order 9841, April 23, 1947, 12 F. R. Cable (electrical transmission only). direction is administered. 2645; Materials Control Regulation 1, as Rivets. (a) What this direction does. This direc­ amended May 7, 1948, supra) Forgings and pressings (before machin­ tion explains how certain exporters who have ing). been authorized by the Office of International Issued this 7th day of May 1948. Impact extrusions. Trade, Department of Commerce, to use the Office of D omestic Castings. symbol CXS (Certified Export Steel) on pur­ Rolled structural shapes (angles, channels, Commerce, zees, tees, etc.). chase orders for limited quantities of tin­ By R aymond J. Hoover, plate should furnish that information to Extruded shapes. steel producers. Such orders when properly Issuance Officer. Sheet, strip and plate. certified are to be treated as certified export [F. R. Doc. 48-4219; Filed, May 7, 1948; Slugs. orders under Allocations Regulation 2. The 10:08 a. m.] Foil. Office of Domestic Commerce may also estab­ Tubing. lish space reservations on steel producers’ Tube blooms. schedules for the benefit of these export Powder (including atomized, granular, orders. flake, paste, and pigment). [Allocations Reg. 2, Direction 2 1 as Amended Ingot, pig, billets, slabs, etc. (b) Identification of certified export or­ May 7, 1948] ders. Any person who has been authorizedx (Second War Powers Act, 1942, 56 Stat. in writing by the Office of International P art 336—Regulations Applicable to Trade, Department of Commerce, to use the 177, as amended *and extended (Pub. the Operation of the Allocations and Laws 188 and 427, 80th Congress); Exec­ symbol CXS on purchase orders for limited Export P riorities System quantities of tinplate should, in addition to utive Order 9841, April 23, 1947, 12 F. R. marking his purchase order with the symbol, special rules for placing and scheduling 2645; Materials Control Regulation 1, as specify the period in which .shipment has certified orders for steel, copper and amended May 7, 1948, supra) been designated, and furnish the steel pro­ ALUMINUM ducer with a certificate, signed manually or Issued this 7th day of May 1948. as described in Allocations Regulation 1, in (a) What this direction does. This direc­ substantially the following form: tion explains some special rules for placing, Office of Domestic I certify, subject to the penalties of sec­ accepting, and scheduling certified orders for Commerce, tion 35A of the United States Criminal Code, steel, copper and aluminum. These rules By R aymond S. Hoover, that the tinplate covered by this purchase supersede some of the provisions of Alloca­ Issuance Officer. order is within the quantity which I have tions Regulation 2 concerning the ordinary been authorized by the Office of International use of certificates, but only those rules of [F. R. Doc. 48-4220; Filed, $Iay 7, 1948; Trade, Department of Commerce, ta pur­ Allocations Regulation 2 which are contra­ 10:08 a. m.] chase by orders identified with the symbol dictory to this direction are superseded, and CXS. all other rules in that regulation continue (c) Requests for authorization to use the to apply, v symbol CXS. All requests for authorization (b) Required delivery dates. A certified to use the symbol CXS should be addressed order for steel, copper or aluminum in the [Allocations Reg. 2, Direction 4,1 as Amended to the Steel Section, Office of International forms listed below must specify delivery on May 7, 1948] Trade, Department of Commerce, Washing­ a particular date or a particular month, ton 25, D. C. which in no case may be earlier than re­ P art 336—R egulations Applicable to (d) Certified orders entitled to preference. quired by the person placing the order. A Operation of the Allocations and Unless the ODC directs otherwise, any pur­ producer of steel, copper or aluminum must Export P riorities System chase order certified under • this Direction schedule the order for delivery within the must be treated as a certified export order requested month as close to the requested USE AND EFFECT OF SYMBOL CXN ON CERTAIN under Allocations Regulation 2, and be ac­ delivery date as is practicable in view of the EXPORT ORDERS FOR NITROGENOUS FERTI­ cepted, scheduled, and delivered accordingly. need for maximum production. The rules of Allocations Regulation 2 will (c) Rejection of certified orders. A pro­ LIZER MATERIALS ( 1 9 4 7 - 8 PROGRAM) apply, except to the extent that this Direc­ ducer of steel, copper or aluminum in the The fulfillment of requirements for tion is inconsistent with them. Tinplate forms listed below need not accept a certi­ obtained on certified orders must be used in fied order which is received less than 30 the defense of the United States has accordance with § 336.5 of Allocations Regu­ days (45 days in the case of tinplate) prior created a shortage in the supply of ni­ lation 1. to the first day of the month in which ship­ trogenous fertilizer materials for defense, (e) Refusal of certified orders. (1) CXS ment is requested, unless specifically directed for private account and for expert; and orders may only be placed with steel pro­ to accept the order by the Office of Domestic the following direction is deemec 'neces­ ducers for mill shipments. They may not be Commerce. sary and appropriate in the public inter­ placed with distributors for shipment from (d) Forms of steel, copper and aluminum warehouses. to which this direction applies. This direc­ est and to promote the national défense (2) Steel producers need not accept a CXS tion applies to the following forms of steel, and to effectuate the policies set forth certification on a previously accepted pur­ copper and aluminum: in the legislation under which this direc­ chase order, or a new purchase order, which Carbon and alloy iron and steel (Including tion is administered. was received less than 45 days before the stainless steel). * (a) What this direction does. This direc­ beginning of the month in which delivery is Bars, cold finished. tion explains how persons who wish to get requested. Bars, hot rolled or forged. nitrogenous fertilizer materials for export (f) Other distribution of steel for export. Ingot, billets, blooms, slabs, die blocks, tube (under the 1947-8 program) to countries The provisions of this direction do not re- rounds, sheet and tin bar, and skelp. other than Canada can get permission to Pipe, including threaded couplings of the use the symbol CXN (Certified Export Ni­ 1 Formerly: Title 32—National Defense; type normally supplied on threaded pipe trogenous Fertilizer Materials) on purchase Chapter IX—Office of Materials Distribution, by pipe mills. orders for such materials. It also states how Bureau of Foreign and Domestic Commerce, Plates. the symbol should be used and what its ef­ Department of Commerce; Part 945. Rail and track accessories. fect is. Tuesday, May 11^1948 FEDERAL REGISTER 2523 (b) How to-get permission to use the sym­ production of that material in the year ended procedure of the Office of Domestic Com­ bol CXN. All requests for permission to use June 30, 1947: * merce and the operations of the Appeals the symbol CXN to get nitrogenous fertilizer Material : Percent Board. It does not apply to appeals from materials should be made by letter to the Ammonium Sulphate______9 suspension orders issued in connection Office of International Trade, Department of Ammonium Nitrate______16 with compliance proceedings. Commerce, Washington 25, D. C. Ref: AR-2, Ammonium Phosphate______42 Dir. 4. Advice as to the conditions under All other Nitrogenous Solids______4 DEFINITIONS which requests for permission to use the sym­ All Nitrogenous Solutions______2 bol CXN may be approved and the amounts (b) What a review-appeal is. Various recommended for allocation by the Inter­ (f) Delegation. The Office of International ODC orders and regulations provide for national Emergency Food Council, and agreed Trade, Department of Commerce, may au­ (1) appeals for individual relief from to by the representative of the U. S. on that thorize the use of the symbol CXN under this their restrictions or (2) applications for Council, for export from the United States direction on purchase orders for nitrogenous to various countries can be obtained from fertilizer materials, but only to the extent individual authorizations, allocations, the Office of International Trade, Depart­ and under the conditions authorized by the and other types of assistance. (In this ment of Commerce. Permission to use the Office of Domestic Commerce, Department regulation, such appeals and applications symbol CXN will not be given except when of Commerce, in writing and transmitted to are referred to as “initial submissions’’.) an export license is also given. the Office of International Trade. The Office An initial submission is generally granted (c) How to use the symbol CXN. (1) of International Trade may exercise this au­ or denied on the decision of the ODC When a person has been authorized in writ­ thority through such of its. officials as the official administering the particular or­ ing by the Office of International Trade, De­ Director of that office may determine. partment of Commerce, to use the symbol (g) Appeals. Any person who considers der or regulation. A “review-appeal’’ is CXN on purchase orders for specified quan­ that compliance by himself or another with the procedure by which an applicant can tities of nitrogenous fertilizer materials, he this direction would work an exceptional and request the ODC Appeals Board to re­ should place on his purchase order the sym­ unreasonable hardship on him may appeal to view such a decision upon the ground bol CXN, the export license number given the Office of Domestic Commerce for relief. that it would: by the Office of International Trade, and the (h) Assistance in finding suppliers. If any (1) Work an exceptional and unrea­ country of destination. In addition he person authorized to use the symbol CXN sonable hardship on him which is not should furnish to his supplier a certificate, is unable to find a supplier who can accept suffered generally by others in the same signed manually or as described in Alloca­ his order, he may apply to the Priorities Di­ tions Regulation 1, in substantially the fol­ vision, Office of Domestic Commerce which industry or activity; or lowing form: will, wherever possible, refer him to other (2) Result in improper discrimination suppliers who have available supplies. against him. I certify, subject to the penalties of (c) What the Appeals Board is. The Section 35A of the United States Crim­ (i) Reports. Producers of nitrogenous fer­ inal Code, that the nitrogenous fertilizer tilizer materials must file with the Office of Appeals Board is composed of the Direc­ materials covered by this purchase or­ Domestic Commerce, Department of Com­ tor of ODC, the Assistant Director, and der are within the quantity which the merce, Washington 25, D. C., such reports as one or more high-ranking officials of the Office of International Trade, Depart­ may be required by that Office, with the Director’s staff. It acts as the final ment of Commerce, has authorized me approval of the Bureau of the Budget. agency authority in considering review- to purchase by orders identified with (Second War Powers Act, 1942, 56 Stat. appeals. It may also decide any initial the symbol CXN for shipment to the 177, as amended and extended (Pub. Laws appeal received by the official admin­ specified country of destination, undef 188 and 427, 80th Congress); Executive istering the order or regulation under the export license number specified. Order 9841, April 23, 1947, 12 P. R. 2645; which the appeal was filed and, in his (2) The symbol CXN and the accompany­ Materials Control Regulation 1, as discretion, referred by him to the Appeals ing certificate may not be used except on amended May 7, 1948, supra) Board. The Appeals Board will not nor­ purchase orders placed with producers of the mally consider any cases which do not specified nitrogenous fertilizer materials or Issued this 7th day of May 1948. with agents of such producers. When an involve claims of hardship or discrimina­ order bearing the symbol CXN and the cer­ Office of D omestic tion, as specified in paragraph (b) above. tificate is placed with a producer’s agent, it Commerce, It is not its ordinary function to review has the same effect as though it had been By R aymond S. Hoover, actions involving judgment as to the placed with the producer. Issuance Officer. proper distribution of materials, pro­ (d) Effect of the symbol CXN on purchase gramming of different types of produc­ orders. Any purchase order certified under [F. R. Doc. 48-4221; Filed, May 7, 1948; this direction must be treated as a* certified 10:08 a. m.] tion, and their relative essentiality. export order under Allocations Regulation 2, SUBMISSION OF REVIEW-APPEALS and must be accepted, scheduled, and de­ livered accordingly. The rules of Allocations [Allocations Reg. 8,1 as Amended May 7,1948] (d) When a review-appeal may be Regulation 2 apply, except to the extent that made. When a person is dissatisfied this direction is inconsistent with these rules. P art 336—R egulations Applicable to with the decision on his initial submis­ Paragraph (e) below contains certain special the Operation of the Allocations and sion he may file a review-appeal to the rules which limit the effect of such certified Export Priorities S ystem Appeals Board under the following con­ orders under this direction. review-appeals procedure ditions : (e) Limitation on the effect of the symbol (1) If he feels that the decision was CXN on purchase orders—(1) Time limit on Section 336.45 Allocations Regulation placing orders. Purchase orders certified un­ improper upon the basis of the hardship der this direction must be placed no later 3 (formerly § 945.45) is amended to read or discrimination grounds specified in than November 15,1947, or such later date as as follows: INDEX paragraph (b) above; and may be authorized by ODC (or its predeces­ Par. (2) If he has no new and substantial sor OMD) because of special circumstances. facts to submit for reconsideration by Orders placed after November 15, 1947, or (a) What this regulation covers. such later date as may be authorized, shall (b) What a review-appeal is. the official who made the original de­ not be treated as certified orders. (c) What the Appeal Board is. cision (or his representative) or has sub­ (2) Delivery dates. No purchase order (d) When a review-appeal may be made. mitted such facts and failed to obtain a certified under this direction may call for (e) How to prepare and file review-appeals. satisfactory decision on such peconsider- delivery on or after January 1, 1948, of more (f) Basis for grant or denial. (g) Form of grant or denial. ation. (If he does have new and sub­ than 40% of each type of nitrogenous fer­ (h) Finality of denial. stantial facts to submit, he should not tilizer material covered by ih e order. Any (1) Policies of Appeals Board. file a review-appeal to the Appeals Board purchase order which fails to meet this con­ but should, instead, first resubmit his dition shall not be treated as a certified (j) Hearings by Appeals Board. order. (k) Presentation of case at hearing. case Tor reconsideration upon the basis (3) Ceiling on orders on producers. Unless § 336.45 Allocations Regulation 3. of those facts. Then, if such reconsider­ otherwise directed by the Office of Domestic ation does not result in a satisfactory Commerce a producer need not accept a pur­ PURPOSE decision, he may file a review-appeal on chase order certified under this direction for (a) What this regulation covers. This the grounds mentioned in (d) (1) above.) any of the following nitrogenous materials, regulation explains the “review-appeals’' (e) How to prepare and file review- if the amount of the material covered by appeals. An appellant should file his re­ the order, together with the amounts of that 1 Formerly: Title 82—National Defense; view-appeal by letter in triplicate ad­ material covered by previously accepted or­ Chapter IX—Office of Materials Distribution, dressed as follows: Appeals Board, Office ders certified under this direction would Bureau of Foreign and Domestic Commerce, of Domestic Commerce, Department of exceed the specified percentage of his total Department of Commerce; Part 945. Commerce, Washington 25, D. C. 2524 RULES AND REGULATIONS The letter must specifically state that Its proceedings are not limited by legal F. R. 1823; Materials Control Regulation It is a review-appeal and must be signed rules or evidence. Hearings before the 1, amended May 7, 1948, supra) by the appellant (or by a duly authorized Board are informal. An appellant may Issued this 7th day of May 1948. official of appellant’s concern). It present his case in his own way. He should specify the order or regulation in­ does not have to be represented by coun­ Office of D omestic volved, the particular provision involved, sel, but may be if he desires. If he is Commerce, the decision appealed from, and any form represented by counsel, but does not ac­ By R aymond S. Hoover, or case number involved. It should company counsel at the hearing, the Issuance Officer. clearly set out the grounds for claiming appellant must notify the Appeals Board [P. R. Doc. 48-4222; Piled, May 7, 1948; hardship or discrimination, as specified in writing that he has authorized counsel 10:08 a. m.] in paragraph (b) above. A review-ap­ to represent him at the hearing and peal not properly prepared or filed may has supplied counsel with the informa­ be returned to the appellant without tion necessary for presenting appellant’s action. case. Ordinarily, the oath is not ad­ P a r t 338—M a t e r ia l s O r d e r s GRANTS AND DENIALS ministered to witnesses. Nevertheless, any misrepresentation of fact, or any t i n (f) Basis for grant or denial. If the withholding of fact, is punishable under [Conservation Order M-43,1 as Amended Appeals Board finds that an appellant the federal statutes. The obligation is May 7, 1948] has demonstrated hardship or improper just as serious as if the oath were ad­ Section 338.1 Conservation Order M- discrimination, as specified in paragraph ministered. The following comments (b) above, appropriate relief will be 43 (formerly § 1001.1) is amended to read may be of help to applicant: as follows: granted. However, if the Appeals Board (1) It is well to open a case with a finds that he has failed to demonstrate short statement of tile issues involved The fulfillment of requirements for the either, his appeal will be denied. and the facts relied on as working hard­ defense of the United States has created (g) Form of grant or denial. The ship or discrimination, as specified in a shortage in the supply of tin for de­ grant or denial of any appeal, in whole paragraph (b) above. fense, for private account and for export; or in part, will be valid only when issued (2) The appellant should then develop and the following order is deemed neces­ in writing, in the name of the Office of the issues in greater detail, so as to give sary and appropriate in the public inter­ Domestic Commerce, countersigned or the Board a clear understanding of the est and to promote the national defense attested by the Issuance Officer. Where supporting facts. and to effectuate the policies set forth the decision on an appeal is made by the (3) All statements intended to bear in the legislation under which this order Appeals Board, that fact will be stated upon the Board’s decision should, so far is administered: in the grant or denial by a phrase such as possible, be supported by proof or ex­ INDEX as "on the decision of the Appeals hibits. Board.” (4) It is often convenient, although not (a) What this order does. (h) Finality of denial. The denial of (b) Restriction on deliveries of pig tih. necessary, to provide the members of the (c) Allocations of pig tin. any appeal, in whole or in part, on the Board with individual copies of a written (d) Reports on use, disposition and inven­ decision of the Appeals Board represents statement of statistical and other perti­ tories of pig tin. final agency action. The Appeals Board nent data offered in support of the (e) General restrictions on the use of pig may elect to reopen a case, but will not appeal. tin, secondary tin, tin plate, terne ordinarily do so unless the appellant (5) Where an appeal involves highly plate, solder, babbitt and other tin­ offers new and substantial information technical facts, the appellant should be bearing alloys. in addition to that previously supplied. (f) [Deleted February 6, 1947.] prepared to present expert witnesses or (g) Special restrictions on the use of metals APPEALS BOARD PROCEDURES technical reports if he is not qualified to to which pig tin has been added. discuss such facts himself. (h) [Deleted February 6, 1947.] (i) Policies of the Appeals Board. (6) Following the appellant’s state­ (I) Exemptions for implements of war. Owing to changing conditions, the Ap­ ment, the official who previously con­ (J) General restrictions on the use and sale peals Board cannot always follow "prec­ sidered the case (or his representative) of tin-bearing products. edents” established in earlier cases. It is heard, if he wishes to make any state­ (k) Special restrictions on purchases and' is the policy of the Board, however, to ment. Members of the Board then sales of certain articles containing tin. follow previous decisions so long as to do (l) Limitation on inventories. N usually ask questions relating to the is­ (m) Import restrictions. so is consistent with existing ODC poli­ sues involved, as they are entitled to do (n) Export certificates. cies. at any point in the proceedings. (o) Appeals and communications. Whether a hardship is exceptional and (7) Any other persons claiming an in­ (p) Violations. unreasonable or whether there has been terest in an appeal may then, in the dis­ Schedules of Permitted Uses improper discrimination is often a ques­ cretion of the Appeals Board, be given an tion of degree. The Roard weighs care­ opportunity to be heard. This may in­ Schedule I—Miscellaneous. fully the facts in each case in the light of Schedule II—Solders. clude the appellant’s customers, com­ Schedule III—Babbitt. similar hardships falling upon others. petitors, or representatives of various The Board may consider hardships upon Schedule IV—Brass and bronze. government agencies. A. Cast alloys. the appellant, the appellant’s employees, (8) The appellant, before the hearing B. Wrought alloys. the local community, or particular con­ is closed, is then given an opportunity Schedule V—Tin plate, terne plate, and teme sumers. It considers only evidence to answer such comments as have been metal. which is relevant and material to the made. issues. § 338.1 Consèrvation Order M-43. (9) Hearings are expected to take not Purpose (j) Hearings by the Appeals Board. more than one hour but additional time In its discretion, the Appeals Board may may be granted in exceptional circum­ (a) What this order does. This order hold a hearing on any review-appeal, stances. prohibits deliveries of pig tin except un­ either upon its own initiative (in order (10) A verbatim transcript of the der certain conditions and provides for to obtain additional facts not contained hearings is ordinarily not taken. How­ allocation of pig tin by the Office of in the record) or upon request by the ever, a summary of the testimony is Domestic Commerce. It also restricts appellant. The appellant’s case is not usually made, and becomes a part of the the use of pig tin, secondary tin, certain prejudiced by the fact that he does not record. A copy of that summary will be tin-bearing products and tinplate in request a hearing. If a hearing is to be supplied the appellant on request. manufacture. The order also restricts held, the Appeals Board will fix the date sales and deliveries of jewelry and cer­ (Second War Powers Act 1942, 56 Stat. tain other articles containing tin. Al- and time after consulting with the ap­ 177, as amended and extended (Pub. pellant. Hearings are held only in Laws 188 and 427, 80th Congress); Pub. 1 Formerly: Title 32—National Defense; Washington, D. C., at the offices of ODC. Law 4691, 80th Congress; Executive Or­ Chapter IX—Office of Materials Distribution, (k) Presentation of case at a hearing. der 984, April 23, 1947, 12 F. R. 2645; Bureau of Foreign and Domestic Commerce, The Appeals Board is Hot a judicial body. Executive Order 9942, April 1, 1948, 13 Department of Commerce; Part 1001—Tin. %

%

Tuesday, M ay 11, 1948 FEDERAL REGISTER 2525 though paragraph (h) of the order which released by the Reconstruction Finance contains less than 98% but not less than contained special restrictions on the use Corporation, and will issue specific direc­ 1.5% by weight of the element tin. of tin in jewelry and certain other arti­ tions as to the source, destination and (f) [Deleted February 6, 1947.1 cles has now been deleted, all other amount of pig tin to be delivered or ac­ (g) Special restrictions on the use of provisions of the order still apply to these quired. Applications for allocations of metals to which pig tin has been added. articles, including the restrictions of pig tin should be made to the Office of No person may use metal to which pig paragraphs (e) and (g) on use of tin, Domestic Commerce not later than the tin has been added to produce any prod­ and the special sales restrictions of para­ 20th day of the month before the month uct or perform any process for which pig graph (k). The order also limits in­ in which delivery is requested, and tin is not permitted by one of the sched­ ventories of tin. Further restrictions should be made on Form ODC-412. Ex­ ules attached to this order. on the use of tin in making tin cans are cept in unusual circumstances, the Office (h) [Deleted February 6,1947.1 contained in Order M-81. of Domestic Commerce will not allocate In addition to the above restrictions, to a person for a calendar quarter an Implements of War this order now contains restrictions on amount greater than 110% of the quan­ (i) Exemption for implements of war. the import of tin in varidus forms (ex­ tity he legally melted and put into proc­ (1) The restrictions of paragraphs (e) clusive of tin ores and concentrates). ess during the second quarter, 1946, plus and (g) and of the schedules do not ap­ the quantity which he sold during that ply to the manufacture of “Implements Deliveries of Pig Tin quarter. Applications from persons who of war” produced for the Army or Navy (b) Restriction on deliveries of pig did not use pig tin during the base period of the United States, or the U. S. Mari­ tin. No person shall deliver or accept (including persons who were not in busi­ time Commission, where the use of tin delivery of pig tin without a specific al­ ness at that time) will be considered on contrary to these restrictions is required location in writing by the Office of Do­ an equitable basis. Tin requested for either by the latest applicable specifica­ mestic Commerce except under the con­ resale must be disposed of only by resale. tions, on drawings, or by letter or con­ ditions set forth in paragraphs (b) Cl) The Office of Domestic Commerce may tract of the government service or agency and (b) (2) below. specifically direct the purposes and end for which the “Implements of war” are Except as may be specifically author­ products for which a person may con­ being produced. ized in writing by the ODC, no person vert, process or fabricate pig tin whether (2) “Implements of war” means com­ shall receive pig tin for processing by or not directly allocated to him. bat end-products, complete for tactical him for another person’s account (under (d) Reports on use, disposition and in­ operations (including, but not limited toll agreement or otherwise), and no per­ ventories of pig tin. (1) On or before to aircraft, ammunition, armaments, son shall deliver pig tin to another per­ the 10th of each calendar month, each weapons, ships, tanks, military vehicles son for processing by the latter for the distributor of pig tin must report to the and radio and radar equipment), and former’s account (under toll agreement Office of Domestic Commerce on Form any parts, assemblies or materials to be or otherwise). ODC-412 or by letter in triplicate all incorporated in any of these items. This “Pig tin” means metal containing 98% of his transactions in pig tin during the term does not include facilities or equip­ or more by weight of the element tin, in previous month. ment used to manufacture the items de­ shapes current in the trade (including (2) Any person whc^, on the first day scribed above nor does it include any “in anodes powder, small bars and ingots) of a calendar month, has in his posses­ process” materials or any other materials produced from ores, residues or scrap. sion or under his control 2,000 pounds not actually to be incorporated into the It also includes tin pipe or tubing. or more of pig tin must report to the items described above. (1) Exception for deliveries to RFC. Office of Domestic Commerce on Form Pig tin may be delivered without specific ODC-412 by the 20th of that month. Use and Sale of Articles Containing Tin allocation to the Office of Metals Reserve, (3) Any person who uses 1,000 pounds (j ) General restrictions on the use and Reconstruction Finance Corporation, or or more of pig tin in any calendar month sale of tin-bearing products. (1) In some its agent. must report to the Office of Domestic cases of the schedules attached to this (2) Small-order exception. Pig tin Commerce on Form ODC-412 on or be­ order permit the use of pig tin o&second- may be delivered, without specific au­ fore the 20th of the following month. ary tin in making a product only if the thorization, by a distributor in quantities (4) The reporting Requirements of this product is to be used for a particular totalling not more than 4,000 pounds per order have been approved by the Bureau purpose. No person shall use any of calendar month to any customer who (i) of the Budget pursuant to the Federal these products for any purpose other receives that pig tin only for use or proc­ Reports Act of 1942. than the purpose permitted by the essing by him in his own plant or for re­ Use of Tin in Manufacture schedule. sale in accordance with this Order M- (2) No person giving a certificate 43, (ii) does not receive from all sources (e) General restrictions on the use of under this order or its schedules may more than 4,000 pounds of pig tin iruthe pig tin, secondary tin, tin plate, terne receive, use or dispose of the materials month the distributor makes delivery, plate, solder, babbitt and other tin-bear­ obtained with the certificate contrary to and (iii) gives to the distributor at the ing materials. No person may use any its terms. time he places his purchase order a pig tin, secondary tin, tin plate, teme (3) Notwithstanding the authorization certificate in substantially the form be­ plate, solder, babbitt, copper base alloys by the Office of Domestic Commerce of a low, signed manually or as provided in or other alloys containing 1.5% or more sale or delivery of tin, no person shall Allocations Regulation l*by an official tin, or any other materials containing sell or deliver any tin or tin-bearing duly authorized for that purpose} 1.5% or more tin, or any britannia metal material or product thereof in the form I certify, subject to the penalties of sec­ pewter metal or other similar tin-bearing of raw materials, semi-processed mate­ tion 35 (A) of the United States Criminal alloys to make or treat any item or prod­ rials, finished parts or subassemblies to Code, that I will use this pig tin for uct, or in any process, not set forth in any person if he knows or has reason ------(specify end use) in ac­ one of the schedules attached to this to believe such material or any product cordance with Order M-43 or will resell order. In making or treating these items, thereof is to be used in violation of the it only in accordance with that order. I or performing these processes, pig tin terms of this order. A supplier may rely will not receive more than 4,000 pounds may be used only when, and to the extent, upon the written statement of the cus­ of pig tin from all sources I n ______specified in the schedules but may not be (specify month of delivery) Including the tomer seeking delivery of any such ma­ amount covered by this order. used where the schedule permits secoii- terial, as to the purposes for which it dary tin only. The tin content of an will be used, unless the supplier knows (Name of purchaser) item may not exceed the amount indi­ or has reason to believe the statement is cated in the schedule. false, and such a statement shall con­ B y ------“Pig tin” means metal containing stitute, on the part of the person making (Duly authorized official) 98% or more by weight of the element it, a representation to the Office of Do­ See paragraph (n) below regarding tin, in shapes currently in the trade (in­ mestic Commerce within the meaning of certificate for export. cluding anodes, powder, small bars, and section 35 (A) of the United States (c) Allocations of pig tin. The Office ingots) produced from ores, residues or Criminal Code, 18 U. S. C. sec. 80. of Domestic Commerce will allocate the scrap. It also includes tin pipe or tubing. (4) Certificates furnished by pur­ supply of pig tin, including all pig tin “Secondary tin” means any alloy which chasers should be in substantially the

t 2526 RULES AND REGULATIONS following form, except when otherwise 1. Advertising specialties. ports into the United States, issued by the required by paragraph ,(b) (2) above 2. Art objects. U. S. Department of Commerce (September (Small-order exception), by paragraph 8. Britannia metal, pewter metal or other 1, 1946 Edition). similar tin-bearing alloy. (n) below (Export certificates), or by 4. Buckles. (ii) ‘X>wner” of any material means provisions in the schedules attached to 5. Buttons. any person who has any property inter­ this order: 6. Emblems and insignia. est in such material except a person I certify, subject to the penalties of sec­ 7. Jewelry. Whose interest is held solely as security tion 35 (A) of the United States Criminal 8 . Novelties, souvenirs and trophies. for the payment of money. Code, that I will use this tin or tin product 9. Ornaments and ornamental fittings. (iii) “Consignee” means the person to for1 (specify end use) in accordance with 10. Toys and games. whom a material is consigned at the time Order M-43 (Schedule ______paragraph of importation. ------) or will resell it only in accordance ' Inventories with that order. (iv) “Import” means to transport in (1) Limitation on inventories. No any manner into the continental United person who uses any material listed in States from any foreign country or from Name of purchaser Column 1 below shall accept delivery of any territory or possession of the United By------any of that material if his inventory of it States. It includes shipments into a free Duly authorized official. is, or will by virtue of such acceptance port, free zone, or bonded custody of the 1 Where appropriate, substitute the fol­ become, more than the amount which he United States Bureau of Customs (bond­ lowing for the portion beginning “for (spec­ will be required by his current practices ed warehouse) in the continental United ify end use)“: to put into use, during the next succeed­ States and shipments into the continen­ in accordance with the “implements of ing period of the length specified in tal United States for processing or man­ war” provisions of paragraph (i) of Order Column 2 below, in order to carry out ufacture in bond for exportation. M-43. his current operations for permitted uses: It does not include shipments in tran­ (k) Special restrictions on purchases Maximum days’ sit in bond through the continental and sales of certain articles containing Material supply United States without processing or tin. No person, for the purpose of resale, (1) (2) manufacture, to Canada, Mexico or any shall receive from a manufacturer any a. Pig tin__ . 90 days (for man- other foreign country, or shipments new article of the kinds listed below, if ufacture of tin through a free port or free zones to a the article contains tin in any form ex­ plate), foreign country without processing or cept tin plate waste waste, or terns 45 days (for any manufacture. However, if any material other permitted covered by the preceding sentence is, be­ plate waste, waste, tin plate scrap or use). terne plate scrap, solder used for joining b. Solder (as defined In 30 days. cause of a change in plans, to be sold or purposes (to the extent permitted by Schedule II to M- used in the continental U. S. or subjected Schedule II), or brass or bronze (to the 43). to processing or manufacture in the con­ extent permitted by Schedule IV). No c. Babbitt (as defined 30 days. tinental United States, it becomes an person shall sell or deliver any new ar­ In Schedule IH to “import” for the purposes of this para­ ticle of the kinds listed below, if the M-43). graph (m) and requires the same au­ d. Copper base alloys 45 days. thorization as an “import” before it may article contains tin in any form except (containing 1.5% tin plate waste waste, or terne plate or more of tin ). be moved from a free port, free zone, or waste waste, tin plate scrap or terne plate e. Other allows con­ 80 days. bonded custody. scrap, solder used for joining purposes taining 1.5% or (2) Restrictions on imports—(i) Gen­ (to the extent permitted by Schedule II), more tin (except eral re str ic tio n No person, except as or brass or bronze (to the extent per­ solder, babbitt, authorized in writing by the Office of mitted by Schedule IV), unless he Jias and copper base Domestic Commerce, shall purchase for an authorization in writing from the alloys). import, import, offer to purchase for im­ Office of Domestic Commerce for the Imports port, receive, or offer to receive on con­ sale or delivery. A person who wishes signment for import, or make any con­ to get such an authorization should (m) Import restrictions. This para­ tract or other arrangement for the im­ apply to the Office of Domestic Commerce graph (m) contains the ODC restrictions porting of, any tin subject to import con­ by letter in triplicate, giving a report on the import of tin in various forms trol under this order. The foregoing of his inventory of all of the items listed (exclusive of tin ores and concentrates). restrictions shall apply to the importa­ below containing tin in any form except (1) Definitions. For the purposes of tion of any tin subject to import control tin plate waste waste, or terne plate this paragraph (m): under this order regardless of the exist­ waste waste, tin plate scrap or terne (i) “Tin subject to import control ence of any contract or other arrange­ plate scrap, solder used for joining under this order” means any tin in any ment for the importation of such ma­ purposes (to the extent permitted by raw, semi-finished, or scrap form, and terial. Schedule II), or brass or bronze (to any alloys, compounds, or other mate­ (ii) Authorization by Office of Domes- the extent permitted by Schedule IV), rials containing tin (where tin is of chief tice Commerce. Any person desiring showing the quantity of each item in his value), in any raw, semi-finished, or such authorization, whether owner, pur­ possession on March 1, 1945, the names scrap form* This includes, but is not chaser, seller, or consignee of the ma­ and addresses' of the sellers from whom limited, to, the following: terial to be imported, or agent of any of he bought the items, and the dates the Babbit metal and solder______6506.100 them, shall make application therefore purchases were made. Authorizations Alloys and combinations of lead, in duplicate on Form ODC-1041 ad­ will ordinarily be given, except where it not in chief value lead (includ­ dressed to the Tin and Antimony Sec­ appears that the purchases were in vio­ ing leady antimony and white tion, Office of Domestic Commerce, De­ lation of Order M-43. “New article” metal) ------6506.900 partment of Commerce, Washington 25, Tin bars, blocks, pigs, grain or D. C., Ref.: M-43. Unless otherwise ex­ means one which has not been used by granulated------6551.300 an ultimate consumer. A purchaser for Tin metallic scrap (except alloyed pressly permitted, such authorization resale of articles of the kinds listed below scrap) ...... 6551.500 shall apply only to the particular ma­ may reply on a written certification by Tin alloys, chief value tin n. s. p. f . terial and shipment mentioned therein his supplier that they contain no tin in (including alloy scrap)______6551.900 and to the persons and their agents con­ any form except tin plate waste waste Tin foil less than .0006 inch thick_ 6790. 710 cerned with such shipment; it shall not or terne plate waste waste, tin plate Tin powder flitters and metallics— 6790.720 be assignable or transferable either in Tin bichloride, tin tetrachloride whole or in part. scrap or terne plate scrap, solder used and other chemical compounds, (iii) Restrictions on financing of im­ for joining purposes (to the extent per­ mixtures and salts, tin chief value ports. No bank or other person shall mitted by Schedule II), or brass or (including tin oxide)______8380.920 participate, by financing or otherwise in bronze (to the extent permitted by N o t e : The numbers listed in the second any arrangement which such bank or Schedule IV), unless he knows or has column are commodity numbers taken from person knows or has reason to know in­ reason to believe the statement is false. Schedule A, Statistical Classification of Im- volves the importation of any tin subject Tuesday, M ay 11, 1948 FEDERAL REGISTER 2527 to import control under this order, un­ Miscellaneous (3) Foil. Pig or secondary tin may be used less such bank or person either has re­ to make foil for the following purposes if the ceived a copy of the authorization is­ (o) Appeals and communications. tin content by weight of the foil is no greater sued by the Office of Domestic Com­ Any appeal from the provisions of this than the maximum specified below: order shall be made by filing a letter in merce under the provisions of paragraph Maximum permitted (m) (2) (ii) above or is satisfied from triplicate referring to the particular pro­ tin content (percent known facts that the proposed transac­ vision appealed from and stating fully Purpose of tin by weight) tion comes within the exceptions set the grounds of the appeal. Appeals, re­ (1) Electrotypers foil______30% forth in paragraph (m) (2) (iv) below. ports and all communications concerning (ii) Dental foil—------Unlimited (iv) Exceptions. Unless otherwise di­ this order should be addressed tb the Tin (ill) Soft babbitt for the preparation rected by the Office of Domestic Com­ and Antimony Section, Office of Domes­ of industrial metallic packing. iy2 % merce, the restrictions set forth in this tic Commerce, Department of Com­ (iv) Condenser foil of dimensions merce, Washington 25, D. C., Ref.: M-43. 0.00035 inch by % inch or less. 50% paragraph (m) (2) shall not apply: (v) Condenser foil for all other (a) To the Reconstruction Finance (p) Violations. Any person who wil­ condensers______5 % Corporation, U. S. Commercial Company, fully violates any provision of this order, (vi) Foil for aircraft magnetos_____ 60% or any other United States Governmental or who, in connection with this order, (viij Cap liner foil for packing medic­ department, agency, or corporation, or wilfully conceals a material fact or fur­ inal, pharmaceutical, and bi­ any agent acting for any such depart­ nishes false information to any depart­ ological preparations contain­ ment, agency or corporation; or ment or agency of the United States is ing chloroform or other highly guilty of a crime, and upon conviction volatile chemicals for which (b) To any material of which any other types of liners cannot United States governmental department, may be punished by fine or imprison­ be used------Unlimited agency, or corporation is the owner at ment. In addition, any such person may the time of importation, or to any ma­ be prohibited from making or obtaining (4) Dairy equipment. Pig or secondary further deliveries of, or from processing tin may be used to coat fluid milk shipping terial which the owner at the time of im­ containers or to manufacture or retin any portation had purchased or otherwise ac­ or using, material under priority control other dairy equipment. quired from any United States govern­ and may be deprived of priorities assist­ (5) Equipment for preparing and han­ mental department, agency, or corpora­ ance. dling food, (a) Pig or secondary tin may be tion; or (Second War Powers Act, 1942, 56 Stat. used to coat or to retin any parts of kitchen (c) To any material consigned or im­ utensils, galley and mess equipment and 177, as extended (Pub. Laws 188, 427, other equipment used in processing and ported as a sample where the value of 80th Congress) ; E. O. 9841, April 23,1947, handling of food if the parts are designed •each consignment or shipment is less 12 F. R. 2645 ; Materials Control Regula­ to come into actual contact with food or to than $25.00. tion 1, as amended May 7, 1948, supra) plate cutlery and flatware. (3) Reports—(i) Reports on customs (6) Wire coating. Pig tin or tin alloys entry. No tin subject to import control Issued this 7th day of May 1948. may be prepared and used for coating wire under this order including materials Office of D omestic as follows: imported by or for the account of the Commerce, (a) For copper base wire. There is no limitation upon the tin content of the coat­ Reconstruction Finance Corporation, By R aymond S. Hoover, ing alloy when the copper base wire to be U. S. Commercial Company, or any other Issuance Officer. coated is of a size of 0.0320” nominal diameter United States governmental depart­ Schedules of Permitted Uses or finer. If the wire to be coated is of a size ment, agency or corporations, shall be larger than 0.0320” nominal diameter the tin entered through the* United States Bu­ Under Order M-43 pig tin, secondary tin, content of the coating alloy is limited to 12% reau of Customs for any purpose, unless tin plate, terne plate, solder, babbitt, copper tin by weight. base alloys and other materials containing (b) For steel wire, (i) To be used as the person making the entry shall file tin may be used only in the production of with the entry Form ODC-1040 in dupli­ armature binding wire. the items and for the purposes set forth in (ii) To be used in the manufacture of cate. The filing of such form a second the following schedules, subject to the limi­ equipment for the production of textiles. time shall not be required upon any sub­ tations, restrictions and conditions specified (iii) To be used in the packaging or sequent entry of such material through in these schedules with respect to the various marking of meat where the wire comes into the United States Bureau of Customs for items and purposes. actual contact with the meat. • any purpose; nor shall the filing of such S c h e d u l e I—M iscellaneous (iV) In the liquor finishing process of form a second time be required upon the fine steel bright wire. withdrawal of any material from bonded (1) Detonators and blasting caps. Pig or (7) Lead base alloys for coating. Lead secondary tin may be used to make detona­ base alloys containing tin for coating sheet, custody of the United States Bureau tors and blasting caps (including electric tubing, wire, foundry chaplets, etc., may be of Customs, regardless of the date when blasting caps) including all their necessary manufactured and used if the tin content such material was first transported into parts and accessories. of the alloy does not exceed 7% of tin by the continental United States. Both (2) Collapsible tubes, (a) Pig or second­ weight. copies of such form shall be transmitted ary tin may be used to make collapsible tubes (8 ) Printing plates and type metql. Print­ by the Collector of Customs to the Tin for the following purposes, if the tin content ing plates and type metal containing tin may by weight t>f the tube is no greater than the be made for use by the printing, publishing and Antimony Section, Office of Domes­ maximum specified below: tic Commerce, Department of Com­ and related service industries. • merce, Washington 25, D. C., Ref.: M-43. Maximum permitted (9) Dental amalgam alloys. Pig tin may tin content (percent be used in the manufacture of dental amal­ (ii) Other reports. All persons hav­ Product of tin by weight) gam alloys without restriction as to the tin ing any interest in, or taking any action Ointments and other preparations content of the alloys. with respect to any tin subject to import for opthalmic use, sulfa drugs in (10) Pipe organs for religious and edu­ control under this order, whether as oiptment or jelly form, diagnos­ cational institutions. Pipe organs for re­ owner, agent, consignee, or otherwise, tic extracts (allergens), and ligious and educational institutions may be shall file such other reports as may be morphine or hypodermic injec­ manufactured, rebuilt, or repaired with sec­ required from time to time by the Office tion ------Unlimited ondary tin. of Domestic Commerce. Preparations intended for intro­ (11) Bolster metal. Bolster metal may be duction into the body orifices made and used in the manufacture of sur­ Exports for local application, and me­ gical instruments if the tin content of the dicinal and pharmaceutical bolster metal does not exceed 10% of tin by (n) Export certificates. Some provi­ ointments (excluding unmedi­ weight. sions of this order and its Schedules per­ cated petroleum , jelly and (12) Fusible alloys and dry pipe seat rings. mit sales or deliveries of certain items lanolin) ------Unlimited Pig or secondary tin may be used in the only upon certificates from the pur­ Dental cleansing preparations___ 3 % manufacture of dry pipe valve seat rings to the extent required to meet performance chasers. In cases where the purchaser Secondary tin may be used to make lead specifications; and in the manufacture of is going to export such an item outside collapsible tubes for any purpose if the tin fusible alloys for safety purposes only, to the the United States, its territories or pos­ content of the tube is not greater than 0 .5 % extent required to meet minimum code re­ sessions, or Canada, he should state as by weight. quirements with respect to the operation of the end use in the certificate the words (b) No person may purchase, accept de­ the product in which the alloy is to be con­ livery of, or use collapsible tubes containing tained. “for export" and give the number of the tin for packing products except those per­ (13) Tin pipe and sheet, (a) Pig or sec­ export license. mitted above. ondary tin may be used to make tin pipe. No. 92----- 4 2528 RULES AND RÉGULATIONS sheet tin, and fittings to repair or maintain Maximum tin content of Maximum tin content beverage dispensing units and their parts, solder {percent of tin {percent of tin if the consumer for whom the pipe, sheet Purpose by weight) Purpose by weight) or fittings are made returns to the supplier (7) For all soldering on the following (2) For the manufacture of piston a quantity of scrap tin having the same tin (exclusive of any covered by (8 ) be­ rings for locomotives and for air­ content as that of the new pipe, sheet or low) : motors, generators, electrical brake equipment______20% fittings delivered to him. equipment, instruments, meters, (3) For use as bearings and bushings. 9% (b) Pig or secondary tin may be used to radio, radar, tanks, fire protection (4) For bearings produced by process coat copper or brass pipe and fittings for equipment, refrigeration equipment, of powder metallurgy— ------10% beverage or distilled water dispensing pur­ dairy equipment, and food process­ (5) For production of or use in tablets, poses. ing equipment------50% markers, and memorials------3.5% (c) Tin pipe or tubes may be used in the (8 ) For all soldering on the following: (6 ) For all other castings------6 % manufacture of new soda fountains, food and railroad-car and truck refrigera­ (b) Certificate. Any person receiving cop­ beverage dispensing units, and where required tion; refrigeration equipment in­ per base alloy castings containing 1.5% or for conducting chemically pure distilled side refrigerated compartments; more tin shall furnish his supplier with a water. aircraft motors; electric-traction certificate on his purchase order stating the (14) Chemicals—(a) General. Pig tin or motors for railroads, street-cars, and end use of such castings (see paragraph (j) tin chemicals may be used for the following buses______Unlimited (4) of order M-43 regarding form of certifi­ purposes: laboratory reagent; medicinal; (9) For soldering aluminum------60% cate). All suppliers shall require such a plating (where plating is permitted by Order 10) For other hand soldering opera­ certificate. If the end use is not permitted M-43). tions done either with a soldering by M-43, and the purchaser has not received (b) Tin tetrachloride from dross, etc. Tin iron or with a torch and wiping----- 40% special authorization from the Office of Do­ tetrachloride may be produced from sec­ (11) For any other soldering opera­ mestic Commerce, the supplier shall refuse ondary low-grade tin-bearing drosses, resi­ tions ------,------35% the order. dues, and scrap metal. Such material is S c h e d u l e III—B a b b it t , b . w r o u g h t a l l o y s “low-grade” only if its tin content is not over 10% and its impurity content is too high (a) No manufacturer or wholesale distrib­ Pig or secondary tin may be used to for use in the production of other items for utor of babbitt shall deliver any babbitt make wrought alloys. However the tin con­ which secondary low-grade tin-bearing mate­ containing more than 10% tin by weight to tent of any such allo^shall not be more than rials are permitted by Order M-43. Tin tet­ any wholesale distributor of babbitt and no the amount required for. the particular rachloride produced from such drosses, resi­ wholesalè distributor of babbitt shall accept purpose. dues, and scrap metal may be used for any delivery from a manufacturer or a wholesale distributor unless he shall have furnished S c h e d u l e V— T i n P l a t e , T e r n e P l a t e , and purpose. T e r n e M e ta l This subparagraph (b) does not apply to the manufacturer or other wholesale distrib­ the production or use of tin tetrachloride utor with a statement on his purchase order (a) Definitions—(1) “Tin plate” means^ produced from pig tin or from secondary tin­ to the effect that he will not resell such bab­ steel sheets coated with tin including elec­ bearing material not “low-grade” as defined bitt containing more than 10% tin by weight trolytic tin plate and hot dipped tin plate above. to any user unless he has received the certifi­ and including primes, seconds and waste- (15) Tin oxide. Pig tin may be used to cate from such user set forth below. No waste but not scrap. make tin oxide, but only when and to the ex­ manufacturer of babbitt or wholesale dis­ (2) “Terne plate” means steel sheets tent that manufacturer has been specifically tributor of babbitt shall deliver any babbitt coated with terne metal including short authorized in writing by the Office of Domes­ containing more than 10%_tin by weight to ternes (coated on tin mill coating machines) tic Commerce. Tin oxide may be used for any user and no user shall accept delivery and long ternes (coated on sheet mill coating the production of chrome green, pink, yellow, of any babbitt containing more than 10% tin machines) including primes, seconds and and red colors, and for the production of by weight from any manufacturer of babbitt long terne waste-waste but not scrap. earthenware plumbing fixtures. pr wholesale distributor of babbitt unless the (3) “Tin plate or terne plate scrap” means (16) Snap fasteners and hooks and eyes user shall have furnished the manufacturer any material or product made in whole or Pig or secondary tin may be used to plate or Wholesale distributor with a written cer­ in part of tin plate or terne plate which is snap fasteners, and hooks and eyes. tificate in the form set out in paragraph (j) the waste of industrial fabrication or which (4) of Order M-43. has been discarded after being put into ac­ S c h e d u l e II—S o ld er s (b) Tin content. Pig or secondary tin may tual use, including tin plate crowns, screw (a) Certificates. No manufacturer or be used to make babbitt metal, and similar caps or similar closures for various contain­ wholesale distributor shall sell or deliver alloys used as babbitt, for bearing purposes ers. The term also includes tin plate and any solder to a wholesale distributor or re­ in accordance with the following restrictions. terne plate sheets recovered from tin plate tailer and* no wholesale distributor or re­ In making such product, the tin content shall or terne plate cans or from other articles. tailer shall purchase or accept delivery of be limited as follows, according to the pin- , (4) “Reconditioned tin plate or terne . any solder unless the purchaser has given pose for which it is to be used: plate” means damaged tin plate or terne to the seller a statement that he will not Maximum tin content of plate which has been put into usable con­ resell the solder to a user without obtaining babbitt {percent of dition by recoating. from the user the certificate called for below. Purpose tin by weight ) (5) “Terne metal” means a tin-bearing No manufacturer, wholesale distributor or (1 ) For the manufacture, rèpair, main­ lead alloy used as a coating for plate but retailer shall sell or deliver any solder to a tenance or replacement of multivane does not include lead recovered from sec­ user and no user shall purchase or accept crosshead linings in locomotives or ondary sources which contains not more than delivery of any solder from a manufacturer, for lining aluminum crossheads- Unlimited 3% residual tin. (6 ) “Waste-waste” means hot dipped or wholesale distributor or retailer unless the (2) Any other bearing purpose—j----- 90% user has given to the seller a written certifi­ electrolytic tin coated sheets or steel sheets Babbitt may not be used for any purpose coated with terne metal which have been cate in*the form set out in paragraph (j) (4) except those listed above. of Order M-43. rejected during processing by the producer (b) Tin content. Pig or secondary tin may S c h e d u l e IV—B r a ss a n d B r o n z e because of imperfections which disqualify such sheets from sale as primes or seconds. be used to make solder in accordance with A. CAST ALLOYS (b) Manufacture of tin plate and terne the following restrictions. In the manufac­ (a) Tin content. P ig or secondary tin may plate. Tin plate and terne plate may be ture of solder, the tin content by weight shall be used to make cast copper base alloys in manufactured for the purposes set forth be­ be limited as follows, according to the pur­ accordance with the following restrictions. low. However, coating of tin or terne metal pose for which it is to be used: No person shall cast or have any person cast per single base box of tin plate or terne Maximum tin content of for him any copper base alloy containing 1.5% plate must not exceed the maximum indi­ solder {percent of tin or more tin by weight for other than the cated below for the particular permitted specific purposes listed below. The tin con­ use. Coating shall be determined on the Purpose by weight) tent of any such alloy shall not be more than basis of average spot coating tests, in the (1) For all cellular type radiators the amount specified for each purpose. case of electrolytic plate, and on the basis of (average per radiator)______2 1 % pot yield, in the case of hot dipped plate. (2) For all1 fin and tube type radia­ Maximum tin content tors for military and civilian use {percent of tin No person may use terne metal of over 15% (average per radiator)______32% Purpose by weight) tin in tin mill coating machines. No person (3) Soldering end seams on all solder (1) For the manufacture of high ratio may use terne metal of over 10% tin in sheet seamed cans______30% worm gears, fire engine pump gears. mill coating machines. (4) For a filler or smoother for auto­ Jack nuts, feed nuts, elevating nuts, (c) Manufacture of terne metal. iPig or mobile or truck bodies or fenders thrust washers or disks, machine secondary tin may. be used to make terne or for similar purposes------15 % tool spindle bearings, hydraulic metal. (5) For soldering side seams in the pump bodies and ends for gear (d) Certificates. No person shall sell or manufacture of cans made with pumps, grinder spindle sleeve bear­ deliver any tin plate or terne plate to any either lock or lap side seams or with ings, step bearings, internal parts of person unless he gives with his p u r c h a s e a combination of lock or lap seams— 5 % industrial centrifugal pumps and in­ order a certificate in the form set out in para­ (6 ) For sealing milk cans------21% jectors, and collector rings------— 12% graph (j) (4) of Order M-43. (e) Tin plate and, teme plate,. Tin plate and terne plate may be used only for the following purposes: 1948 11, May Tuesday, Maximum permitted coating Permitted use Permitted material of tin or of terne metal (per Maximum permitted coating single base box) Permitted use Permitted material of tin or of temé metal (per single base box) 14. Equipment or appliance parts requiring solderable Short temes. 1.30 lbs. per base box. coatings. Long temes. 4 lbs. per base box. Reconditioned teme plate. 1. All kitchen and cooking equipment. Electrolytic tinplate. 0.25 lb. per base box. 2. Baking pans for institutions and commercial Electrolytic tin plate. 0.25 lb. per base box. I Dot dipped tin plate. 1.25 Ibs. per base box. 15. (a) Fuel tanks, except for automotive equipment— Short terees. 1.30 lbs. per base box. bakers. Electrolytic tin plate. 0.50 lb. per base box. Long terees. Reconditioned tin plate. 4 lbs. per base box. 3. Brushes, power driven. Reconditioned teme plate. Short terees. 1.30 lbs. per base box. (b) Fuel tanks, for automotive equipment. Short temes. 1.30 lbs. per base box Long temes. 4 lbs. per base box. Long temes. Reconditioned terneplate. 6 lbs. per base box. 4. Cans. Reconditioned teme plate. As permitted by Conserva­ 16. Qas mask canisters. Short temes. , 1.30 lbs. per base box. tion Order M-81 as amend­ Long femes. 4 lbs. per base box.

ed. REGISTER FEDERAL 6. Closures (including crowns): Reconditioned terne plate. 17. Qas meters. Hot dipped tin plate. 3.30 lbs. per base box (2A (a) Closures for all food products (excluding mait Hot dipped tin plate. 1.50 pounds per base box. charcoal). beverages and nonalcoholic beverages) if Electrolytic tin plate. 0.50 lb. per base box preserved in a hermetically sealed con­ Reconditioned tin plate. tainer made sterile by heat; and olives, Short ternes. 1.30 lbs. per base box pickles, relishes, sauces, vinegar, French Long temes. 4 lbs. per base box. dressing, flavoring extracts, spices, mus­ Reconditioned terne plate. tard, horseradish and cherries. 18. Heat exchangers. Short ternes. 1.30 lbs. per base box (b) Closures for meat and fish and products Electrolytic tin plate. 0.50 pound per base box. Long temes. 4 lbs. per base box. made from them; ice cream mix; apple Reconditioned teme plate. cider and juice; fruits (only crush, foun­ 19. Integral parts of signal cells—but only for current Hot dipped tin plate. 1.25 lbs. per base box tain fruit and ice cream toppings) soup collectors and baskets. Electrolytic, tin plate. 0.50 lb. per base box. mix, cheese spreads; spaghetti and mac­ Reconditioned tin plate. aroni products, com beef hash and sauer­ 20. Lining of drying chambers for milk and egg dehy­ Hot dipped tin plate. 11 lbs. per base box. kraut. dration. Reconditioned tin plate. (g Closures for biologicals; blood plasma; Electrolytic tin plate. 0.50 pound per base box. 21. Maple syrup evaporators. Hot dipped tin plate. 11 lbs. per base box. dreg chemicals; dental supplies; glyc- Reconditioned tin plate erites; liniments of ammonia; magmas; 22. Oilers (excluding cans as defined by Order M-81). "Short temes. 1.30 lbs. per base box. drug oils; ointments; penicillin; pre­ Long temes. 4 lbs. per base box. scriptions; medicinal soaps; aromatic Reconditioned teme plate. spirits of ammonia; ammonia products, 23. Oil lanterns. Short temes. 1.30 lbs. per base box. aromatic chemicals; reagent chemicals; Long temes. 4 lbs. per base box. deodorants, liquid or paste (not for use Reconditioned teme plate. on human body); dyes; germicides; 24. Repair parts for domestic laundry equipment. Hot dipped tin plate. 1.25 lbs. per base box. bypochloride powders; phenols; pho­ ' ' < Electrolytic tin plate. 0.50 lb. per base box. tographic supplies; and all other liquid Reconditioned tin plate. chemicals. 25. Safety cans for inflammable liquids. Short ternes. 1.30 lbs. per base box. (d) Closure for home canning. Electrolytic tin plate. 0.50 pound per base box. Long temes. 4 lbs. per base box. (e) (Deleted May 7, 1948.] Reconditioned teme plate. CO Closures for steel drums. Hot dipped tin plate. 1.25 lbs. per base box. 26. Textile spinning cylinders, card screens, spools and Hot dipped tin plate. 1.25 lbs. per base box. Electrolytic tin plate. 0.50 lb. per base box. bobbins. Electrolytic tin plate. 0.50 lb. per base box. Short temes. 1.30 lbs. per base box. Reconditioned tin plate. Long terees. 4 lbs. per base box. Short temes. 1.30 lbs. per base box. (g) AH other closures and crowns whether for Electrolytic tin plate. 0.25 pound per base box. Long temes. 4 lbs. per base box. domestic or export use. Reconditioned teme plate. 6. Carbide non-explosive emergency lights. Short terees. 1.30 lbs. per base box. 27. Torpedoes for ofl and gas well shooting. Short temes. 1.30 lbs. per base box. Long terees. 4 lbs. per base box. Long temes. 4 lbs. per base box. Reconditioned terne plate. Reconditioned teme plate. 7. Chaplets, skim gates, and tin forms for foundry Hot dipped tin plate. 1.25 lbs. per base box. Hot dipped tin plate. 1.25 lbs. per base box. use. Electrolytic tin plate. 0.50 lb. per base box. 28. Vaporizing Hquid fire extinguishers. Short temes. 1.30 lbs. per base box Reconditioned tin plate. Long temes. 4 lbs. per base box. Short terees. 1.30 lbs. per base box. Reconditioned teme plate. Long terees. 4 lbs. per base box. 29. Wick holders for oil stoves. Short temes. 1.30 lbs. per base box Reconditioned terne plate. Long temes. 4 lbs. per base box 8. Cheese vats. Hot dipped tin plate. 11 lbs. per base box Reconditioned teme plate. Reconditioned tin plate. 30. Articles to be purchased by or for the account of As specified (including per­ 9. Component parts for Internal Combustion engines Short temes. 1.30 lbs. per base box the Army and Navy of the United States, the formance specifications). including air cleaners, cooling systems, fuel sys­ Long terees. 4 lbs. per base box United States Maritime Commission, and the tems, and lubricating systems, but only where Reconditioned terne plate. Veterans’ Administration. less essential material is impractical because of corrosion or solder-ability. 10. Cylinder liners for lard and fruit presses. Hot dipped tin plate. 1.25 lbs. per base box. 11. Dairy ware and equipment including dairy pails, Hot dipped tin plate. 3.30 lbs. per base box (2A (f) Additional permitted uses. Any per­ (g) Optional use of 0.25 tin plate for tem e milk strainer pails, hooded milking pails, milk charcoal). son may use electrolytic tin plate waste- plate. Where ternes or terne plate is per­ kettles, setter or cream cans, weigh cans, meas­ Electrolytic tin plate. 0.50 lb. per base box. ures and test ware, bottle conveyors, ice cream Reconditioned tm plate. waste, hot dipped tin plate waste waste, terne mitted to be used for an item listed in para­ freezers, milk filters, receiving tanks, separators, plate waste waste, tin plate scrap, or terne graph (e) above, a manufacturer may sub­ strainers, upper and lower troughs and covers for plate scrap for any purpose. Ih addition any surface type heaters and coolers, and testing stitute electrolytic tin plate with a maximum equipment. person may use tin plate or terne «late for permitted tin coating of 0.25 pounds per base 12. Diamond cutting wheels. Electrolytic tin plate. 0.50 lb. per base box. any purpose (except to make itemswisted in box for that item. Reconditioned tin plate. paragraph (k) of order M-43) if his total 13. Dusters and sprayers, hand, for disinfectant and Short terees. 1.30 lbs. per base box annual consumption of tin plate and terne pest control: parts requiring solderable coatings. Long temes. 4 lbs. per base box. [F. R. Doc. 48-4263; Filed, May 7, 1948; Reconditioned terne plate. plate does not exceed 100 base noxes. 4:55 p. m.] Electrolytic tin plate. 0.50 lb. per base box. 2529 Reconditioned tin plate.

N. 2530 RULES AND REGULATIONS

[Conservation Order M-il2,* as Amended struction Finance Corporation, or by any (1) Applications from Canada. Appli­ May 7, 1948] agent of that corporation. (See para­ cants in Canada should file Form ODC- graph (g) below about obtaining delivery 2931 with the Priorities Officer, Depart­ P art 338—Materials Orders from RFC.) ment of Reconstruction and Supply, ANTIMONY (3) Imports. Imported antimony may Ottawa, Canada. Where the Priorities be accepted by the person making the Officer recommends* approval, he will Section 338.10 Conservation Order import. Subsequent acceptances of that forward the applications, with his recom­ M-112 (formerly § 1138.1 General Prefer­ antimony by other persons are subject mendations, to the Office of Domestic ence Order M-112, is amended to read to the general restriction of paragraph Commerce. as follows: (b) above. (g) Requests for delivery from RFC. The fulfillment of requirements for the (c) Shipments to Canada. No person Approval of a Form ODC-2931 applica­ defense of the United States has cre­ may ship antimony to Canada unless he tion does not entitle the applicant to ated a shortage in the supply of antimony has received a written certificate in.sub­ obtain the authorized antimony from the for the national defense, for private ac­ stantially the following form from the Reconstruction Finance Corporation. If count and for export; and the following person to whom shipment is to be made * the applicant is unable to obtain delivery order is deemed necessary and appro­ or from his representative. from commercial sources, he may request priate in the public interest, to promote This is to certify that the antimony or­ ODC to recommend delivery from RFC. the national defense, and to effectuate dered herewith is for shipment to Canada Request is to be made by letter, reporting the policies set forth in 4fae legislation and that the undersigned (or the person what efforts have been made to obtain under which this order is administered. he represents) has received authorization delivery from commercial sources. The for such shipment from the ODC covering ODC will not arrange for delivery from § 338.10 Conservation Order M-112. the amount ordered, in the form ordered. RFC unless satisfied that the antimony cannot be obtained otherwise. DEFINITIONS Signature (a) Definitions. For the purposes of Paragraph (f) (1) below explains how REPORT this order, Antimony” means and in­ authorizations for Canada may be ob­ (h) Reports on inventory, use and cludes the following, whether acquired tained. shipments. A report on Form ODC-2931 domestically or by import and whether As an exception from the certification (in triplicate) shall be filed in accord­ obtained from private or government requirement of this paragraph (c), a ance with the instructions on the form) sources: person may ship antimony to any person by the 20th day of each month by the (1) Ores and concentrates, including in Canada in lots of 224 lbs. (contained following: beneficiated or treated forms, containing antimony) or less without certification, ^ (1) Any person who on the first day of antimony commercially recognized; but the total quantity of contained anti­ the preceding month had in his posses­ (2) Antimony metal, otherwise known mony which he may ship to such person sion or under his control 2240 pounds or as “Regulus” and the element antimony In any calendar month without certifi­ more of contained antimony. in commercially pure form; cation shall not exceed 224 lbs. (2) Any person who used, shipped, or (3) Liquated antimony, sometimes (d) Exports to other countries. Ex­ used and shipped during the preceding known as “needle antimony”, “crude an­ ports of antimony to any country other month 2240 pounds or more of contained timony” or “Crudum”, which is in any than Canada afle subject to any export antimony. In the case of producers, dis­ case the result of separating antimony license requirements of the Office of In­ tributors, and importers, they shall list sulphide from antimony ores by fusion, ternational Trade, Department of Com­ all shipments made during the report without essential chemical change; merce. month. (4) Any alloy containing 50 percent or (e) Directions. The ODC may from This report must be filed regardless of more by weight of antimony in any of the time to time direct, in writing, the man­ whether or not the person wishes au­ forms listed in (a) (1), (2), and (3) ner and quantity in which antimony shall thorization to accept antimony during above; be delivered, accepted, or used. Such the next succeeding month. (5) Antimony oxide which results action may also be taken with respect to from the processing of any form of antimony-bearing lead scrap or second­ INVENTORY antimony or antimony-bearing material; ary antimony-bearing lead alloys. The (i) Inventory restrictions. No person (6) Antimony sulphide (precipitate or ODC may also require, in writing, that shall knowingly deliver to any person synthetic) which results from the proc­ any person seeking to place a purchase and no person shall accept delivery of essing of any form of antimony or anti­ order for antimony place it with one or any quantity of antimony, if the total in­ mony-bearing material. more particular suppliers. ventory in the hands of the person ac­ cepting delivery is, or by virtue of RESTRICTIONS APPLICATIONS FOR AUTHORIZATION acceptance will become, in excess of his (b) Accepting delivery. No person (f) Form ODC-2931 applications. Ap­ reasonably anticipated requirements in shall accept delivery of antimony except plications for authorization to accept the next 30 days, excepting in the case in such amounts and kinds as may be delivery of antimony shall be made on of -antimony in the forms listed in para­ specifically authorized in writing by the Form ODC-2931 (in triplicate) to the graph (a) (1) which shall be limited to Office of Domestic Commerce for a par­ Office of Domestic Commerce not later 45 days. This restriction does not apply ticular period and subject to any use than the 20th day of the month preced­ to a producer of antimony. restrictions specified in the authoriza­ ing the month in which delivery is re­ tion. This restriction does not apply in quested. Failure by any person to file miscellaneous the following cases: an application in accordance with this (j) Violations. Any person who will­ (1) Small lots. Antimony may be ac­ paragraph may be construed as notice to fully violates any provision of this order, cepted by any person in lots of 224 lbs. ^ODC that such person does not desire or who, in connection with, this order, (contained antimony) or less, but the an authorization to accept antimony. willfully conceals a material fact or fur­ total quantity of contained antimony In considering applications, the ODC nishes false information to any depart­ which any person may receive in any ment or agency of the United States is will take into account the following fac­ guilty of a crime, and upon conviction calendar month from all sources of sup­ tors: the available supply of the form ply under this subparagraph shall not may be punished by fine or imprison­ exceed 224 lbs. of antimony requested; the applicant’s ment. In addition, any such person may v (2) RFC. Antimony may be accepted ability to use other forms of antimony, be prohibited from making or obtaining by the Office of Metals Reserve, Recon- substitute materials, etc.; and the appli­ further deliveries of, or from processing cant’s inventory position. Applications on using, material subject to ODC orders and regulations and may be deprived 1 Formerly: Title 32—National Defense; will not_ be approved by ODC when it Chapter IX—Office of Materials Distribution, finds that the applicants can obtain and of priorities assistance. Bureau of Foreign and Domestic Commerce, use less critical materials from second­ (k) Appeals and communications. Department of Commerce Part 1138. ary sources or substitute materials. * « Any appeal from the provisions of this Tuesday, May 11, 1948 FEDERAL REGISTER 2531 order shall be made by filing a letter re­ The provisions of Direction 10 to Or­ for his account, or in his own Inventory ferring to the particular provision ap­ der M-81 have been incorporated into on the date of the change. pealed from and stating fully the this order, grounds of appeal. Appeals, reports, and RESTRICTIONS ON CAN USERS all communications concerning this DEFINITIONS (e) General restrictions on use of cans. order shall, unless otherwise directed, be (b) Definitions. For the purpose of No person may Use a tinplate or terne­ addressed to the Tin and Antimony Sec­ this order: plate can for any purpose other than for tion, Office of Domestic Commerce, De­ (1) “Can” means any unused con­ packing the products listed in Schedule partment of Commerce, Washington 25, tainer made in whole or in part of tin­ I in accordance with the material limita­ D. C., Ref. M-112. plate or terneplate which is suitable for tions set forth in that schedule. The N o t e : The reporting provisions of this packing any product. The term includes only exceptions to this rule are set forth order have been approved by the Bureau of any container which has a closure or in paragraph (f). the Budget in accordance with the Federal fitting, made in whole or in part of tin­ (f) Exceptions—(1) Cans permitted Reports Act of 1942. plate or terneplate, but does not include before an amendment. Whenever can (Second War Powers Act, 1942, 56 Stat. a glass container having such a closure material specifications for a product are 177, as amended and extended (Pub. or fitting. The term does not include changed by an amendment to this order, Laws 188 and 427, 80th Congress); Exec­ fluid milk shipping containers. any person may pack that product in any utive Order 9841, April 23, 1947, 12 F. R. (2) “Tinplate” means steel sheets can which was permitted before the 2645; Materials Control Regulation 1, as coated with tin (including primes and amendment if the can, or the tinplate or amended May 7, 1948, supra) seconds) and includes (i) electrolytic terneplate incorporated in it, was in his tinplate in which the tin coating is ap­ inventory, in the inventory of the can Issued this 7tl^day of May 1948. plied by electrolytic deposition, and (ii) manufacturer, or in process or in inven­ O f f i c e o f D o m e s t i c hot dipped tinplate in which the tin tory at a tin mill for the account of the coatings are applied by immersion in C o m m e r c e , molten tin. The term does not include can manufacturer on the date of the By R a y m o n d S . H o o v e r , tinplate waste-waste or tinplate waste. amendment. A packer may accept and Issuance Officer. (3) “Terneplate” means steel sheets use any outdated cans for any product [F. R. Doc. 48-4223; Filed, May 7, 1948; coated with terne metal (including produced under paragraph (d) which the 10:08 a . m .] * primes and seconds). The term does not can manufacturer offer's to him before include terneplate waste-waste or terne­ using any cans for that product produced plate waste. under the new specifications. (4) "SCMT” ^ e a n s special coated (2) Products which are not to be sold. [Conservation Order M-81,1 as Amended May manufacturers’ terneplate. Cans can be used to pack any product 7, 1948] (5) “Waste” means scrap tinplate and which is not to be sold in the same or terneplate (including strips and circles) different form, but this does not permit P a r t 338—M a t e r ia l s O r d e r s produced in the ordinary course of man­ the use of cans contrary to the other ufacturing cans and tinplate and terne­ provisions of the order for the purpose CANS plate strips produced in the ordinary of aiding or promoting the sale of a Section 338.5 Conservation Order M-81 course of manufacturing tinplate and product. (formerly § 3270.31) is amended to read terneplate. The term also includes tin­ (3) [Deleted May 7, 1948.1 as follows. Changed material is indi­ plate and terneplate parts recovered from cated by underscoring. used cans. MISCELLANEOUS PROVISIONS The fulfillment of requirements for the (6) “Waste-waste” means hot dipped (g) Appeals. Appeals from this order defense of the United States has created or electrolytic tin-coated steel sheets or shall be filed by addressing a letter in a shortage in the supply of materials steel sheets coated with terne metal "triplicate to the Office of Domestic Com­ entering into the manufacture of cans which have been rejected during process­ merce, Department of Commerce, Wash­ for defense, for private account and for ing by the producer because of imperfec­ ington 25, D. C., Ref: M-81. The letter export, and the following order is deemed tions which, disqualify such sheets from of appeal need not follow any particular necessary and appropriate in the public sale as primes or seconds. form. It should' state informally, but interest and to promote the national de­ (7) “Blackplate” means steel sheets completely, the provision appealed from, fense and to effectuate the policies set (other than tinplate or terneplate) 29 the precise relief desired, the reasons why out in the legislation under which this gauge or lighter. The term includes denial of the appeal would result in un­ order is administered. “blackplate rejects”, chemically treated due and excessive hardship, and such § 338.5 Conservation order M-81. blackplate (CTB), tinplate waste-waste, other statistical and narrativè informa­ terneplate was^-waste, tinplate waste tion as may be pertinent. p u r p o s e and terneplate waste. (h) Communications. All communi­ (a) What this order does. This order RESTRICTIONS ON CAN MANUFACTURERS cations concerning this order shall, un­ places restrictions upon cans made of (c) General restrictions on sale, man­ less otherwise directed be addressed to: tinplate or terneplate. Cans made ex­ ufacture and delivery. No person shall Office of Domestic Commerce, Depart- clusively of blackplate or tinplate waste, sell, manufacture or deliver any cans ment of Commerce, Washington 25, D. C., terneplate waste, tinplate waste-waste, which he knows, or has reason to believe, Ref: M-81. or terne plate waste-waste are not re­ will be accepted or used in violation of (i) Violations. Any person who wil­ stricted by this order. The order does any provision of this order. (See Sched­ fully violates any provision of this order not set quotas for can users or limit can ule II for quota restrictions on manu­ or who, in connection with this order facture). wilfully conceals a material fact or fur­ sizes. Schedule I sets out tinplate and nishes false information to any depart­ terneplate specifications for cans for (d) Completion and sale of outdated ment or agency of the United States is cans. Whenever can material specifica­ guilty of a crime, and upon conviction various products, with certain exceptions tions for a product are changed by an set forth in paragraph (f) of the order. amendment to this order, a can manu­ may be punished by fine or imprison­ Schedule H sets out quota restrictions on facturer may continue to sell, make and ment. In addition, any such person may be prohibited from making or ob­ can manufacturers* consumption of tin deliver cans for that product in accord­ taining further delivery of, or from pro­ in making cans. ance with the former specifications and must not make any cans conforming to cessing or using, material under priority the new specifications as long as there is control and may be deprived of, priorities 1 Formerly: Title 32—National Defense; assistance. Chapter IX—Office of Materials Distribution, available to him tinplate or terneplate Bureau of Foreign and Domestic Commerce, which was intended for use under the (Second War Powers Act, 1942, 56 Stat. Department of Commerce; Fart 3270—Con­ former specifications, and which was in 177, as amended and extended (lUb. tainers. process at the tin mill or in its inventory Laws 188 and 427, 80th Congress) ; Pub. 2532 RULES AND REGULATIONS Law 469, 80th Congress; Executive Order which may ba used, If permitted, for the heavier tinplate is specified in these columns. soldered, welded and nonsoldered parts of Menders arising in the production of 0.25 9841, April 23,1947,12 P. R. 2645; Execu­ electrolytic tinplate which have been con­ tive Order 9942, April 1, 1948, 13 P. R. Cans for the products listed in Column 1. verted into SCMT may be used wherever 0.25 1823; Material Control Regulation 1, as Any person may also use for packing a listed or heavier tinplate is specified in this order amended May 7, 1948, supra) product blackplate cans or cans with a tin for non-food cans. When a scored can is coating lighter than that specified for that used to pack any of the meat products listed Issued this 7th day of May 1948. product. Wherever 0.25 electrolytic tinplate in this schedule, 1.25 tinplate may be used for is specified, SCMT may be used. When only the body of the can. Office of D omestic a figure is given in Columns 2 or 3, this means Commerce, that tinplate may be used for the part, and CAN SPECIFICATIONS By R aymond S. Hoover, the figure given indicates the maximum Issuance Officer. weight of tin coating per single base box. N o t e : The following items in the table be­ low were amended or rearranged May 7,1948: S c h e d u l e I—C a n S pecifications Menders arising in the production of 0.50 elec­ trolytic tinplate, which have been hotdipped 18, 63, 76, 129, 133a, 139, 147, 156, 202, 208e, (a) Columns 2 and 3. Columns 2 and 3 with a maximum tin coating of 1.25 pounds This included incorporating restrictions for­ specify the weights of-tinplate or terneplate per base box, may be used wherever 0.50 or merly in Direction 10 to Order M-81.

CAN SPECIFICATIONS

Soldered Non­ Soldered Non­ Soldered Non­ or welded soldered Produot or welded soldered Product or welded soldered Produot parts parts parts parts parts parts ( ) (3) (1) (2) (3) (1) (2) (3) ( 1) 2 Dairy products—Continued Fruit and fruit products Vegetables and vegetable products— Continued 127. Liquid modifications of m ilk- 0.75 0.75 1. ' Apples, including crabapples.. 1.50 0.50 128. Milk, condensed...... — .75 .75 2. Apple butter...... 1.50 1.50 68. Mushrooms...... *___ 1.25 0.50 69. Okra...... -...... - 1.25 .50 129. Milk, evaporated: 3. Apple juice: a. liH-oz. or larger....___ 1.25 L25 a. Enameled cans______— 1.50 1.50 70. Onions...... 1.25 .50 .50 71. Peas, green...... 50 .50 b. Under 14J^-oz______.75 .75 b. Plain bodies______— 1.50 130. Milk, goat...... 1.25 1.25 4. Apple sauce, including sauce 72. Peas and carrots______1.26 .50 1.50 .50 73. Pickles..——1...... 1.60 1.50 131. Milk (skimmeid) dry or pow­ from crabapples______— .50 dered...... 50 .50 6. Apricots------1.50 1.50 74. Pimientoes and peppers----- 1.25 1.25 76. Potatoes, sweet__ _. . . —'&------1.25 .50 132. Milk (whole) dry or pow­ 6. Bananas______1.25 dered...... ------.60 (*) 7. Berries...... — ...... 1.50 1.50 76. Potatoes, white (sticks and 1.50 1.50 chips not included)___—— 1.26 .60 133. Meat products as follows: 8. Cherries...... 50 a. Bacon: 9. Cherry juice...... ——...... 1.50 1.50 77. Pumpkin and squash— — 1.25 1.25 78. Rhubarb.— ...... 1.50 1.50 1. 14 lb. or larger...... 1.25 L26 10. Citrus concentrates...... 1.25 2. Under 14 lb— — .60 .60 11. Citrus pulp and peel-...... — 1.25 1.25 79. Rice...... ;______s______- .50 .50 1.50 > 1.50 80. Rutabagas...... ———— 1.25 .50 b. Beef, veal and mutton 12» Cranberries______1.50 1.50 or pork (corned, roast 13. Currants...... 1.50 1.50 81. Sauerkraut...... 50 .50 82. Sauerkraut juice_____———— 1.50 1.50 or boiled): 14. Dehydrated fruits except prunes. .50 Cans with all seams 15. Dehydrated prunes...... 1.25 1.25 83. Soups______:l 1.25 1.50 .50 84. Succotash...... 50 .50 soldered—— ——— 1.25 125 16. Figs...... Y. 25 1.25 Cans with only side 17. Fruit cocktail...... 1.50 .50 86. Tomatoes..______* .50 86. Tomatoes and okra______1.25 1.25 seams soldered....___ .60 .50 18. Frozen fruits...... 50 c. Brains.______.60 .50 19. Fruits, mixed and for salad— 1.50 .50 87. Tomato catsup______— 1.25 1.25 1.50 88. Tomato juice...... —.. lt25 .50 d. Chilli con came__ ...... 50 .50 20. Grape juice and grape pulp— 1.50 e. Corned beef h ash...— . .50 .60 21. Grapes...... -...... 1.50 1.50 89. Tomato juice with other vege­ 1.25 1.25 table juices______,. 1.25 1.25 f. Hamburger with or 22. Grapefruit juice...... ----- 1.25 without onions.__ — .50 1.50 23. Grapefruit, orange or mixed 90. Tomato paste------1.25 1.25 91. Tomato pulp and puree...... 1.25 1.25 g. Hams, whole._____ ,— 1.25 125 segments...... ----- 1.25 h. Ham and eggs______.50 .60 24. Jams, jellies, marmalades and 92. Tomato sauce, including spa­ 1.50 1.60 ghetti sauce______1.25 1.25 i. Luncheon meats___ __ .50 .50 preserves______1.25 .50 j. Meat and gravy, In­ 25. Lemon juice______— 1.25 1.25 93. Turnips...... 1.25 1.25 cluding goulash_____ .50 ..50 26. Lime juice...... 1.50 .50 Fish and shellfish (processed and k. Meat loaf___ ... _____ ;50 .50 27. Nectars_____-...... -...... in hermetically sealed cans) l. Meat spreads..;______.50 .50 28. Olives: 1.50 1.50 m. Pickled pigs feet...... 1.50 150 a. Whole______.50 .60 n. Pork and soya links___ .50 .50 b. Chopped______1.50 - 1.50 94. Anchovies...... - 1.25 1.25 95. Caviar______.50 .50 o. Potted meats______.60 .50 29. Orange juice...... m .50 p. Sausage, bulk...... 50 .50 30. Orange-grapefruit juice...... 1.25 1.25 96. Clams...... 1.25 1.25 97. Codfish cakes______. SO .50 q. Sausage in casings____ .50 31. Papayas and juice...... 1.50 .50 98. Crabmeat______.50 .50 ' 1. Vienna sausage...'___ .50 32. Peaches.-.— -...... 1.50- .50 99. Crawfish...... 50 .50 2. Frankfurters, pork sau­ 33. Pears------1.50 1.50 100. Eels...... ,50 .50 sa g e...... 50 .50 34. Pectin...... -— 1.25 1.25 101. Finnan haddie____ i______.50 .50 3. Sausage in oil, lard or 35. Pineapple-—...... 1.25 1.25 102. Fish flakes______.60 .50 rendered pork fat___ .50 .50 36. Pineapple juice...... — ------.50 r. Scrapple...... 50 ,50 1.50 1.50 103. Fish, ground.— — ...... %. .50 .50 37. Plums...... 1.50 1.50 104. Fish livers and fish liver oils.. 1.25 1.25 s. Stew s.....—...... —-is'*. .50 38. Prunes, dried in syrup...... 1.50 1.50 105. Fish roe...... -...... 50 .50 t. Tamales______... .50 .50 39. Prunes, fresh______1.50 1.50 106. Herring, Atlantic Sea, includ­ u. Tongue______.50 .50 40. Prune juice...... 1.50 1.50 ing sardines: v. Tripe______'1.25 1.25 41. Quinces...... a. Round cans______.50 .50 Vegetable and vegetable products b. Oblong cans....—...... — 1.25 .60 Poultry and poultry products (proc­ c. Oval cans...... 1.25 1.25 essed and in hermetically sealed 42. Artichokes...... -...... - 1.25 .50 107. Herring, Pacific Sea...... 50 .50 cans) 43. Asparagus...... 1.25 1.25 108. Herring, river, including ale- 44. Beans, dried: .50 .50 wives______.50 .50 134. Chicken and veal with noodles. .50 a. with tomato sauce...... 1.25 .60 109. Lobster______.50 .50 .50 b. without tomato sauce— .50 ..50 135. Chicken or turkey a la king— .50 .50 110. Mackerel______— .50 .50 136. Enchiladas...... 50 45. Beans, green or wax------1.25 .50 111. Menhaden______.50 .50 .50 46. Beans, fresh shelled...... 50 .50 137. Turkey or chicken..___ '___ .50 .50 112. Mullet______.50 .50 138. Poultry spread...... 47. Beans and bamboo sprouts... 1.25 .50 113. Mussels...... -...... 50 .50 48. Beets...... 1.25 1.25 114. Oysters______— .50 .50 49. Broccoli...... -...... 1.25 .50 115. Pilchards, including sardines: Miscellaneous food products 50. Brussels sprouts...... 1.25 .50 a. Round cans...______.50" .60 51. Carrots______1.25 .50 b. Oblong cans...... 1.50 1.25 139. Animal foods...... —...... 26 52. Carrot juice______1.25 .50 c. Oval cans______1.25 1.25 140. Baby foods: 53. Cabbage------— 1.25 .50 116. Salmon______1.25 .50 a. Chopped and pureed...... 1.50 1.50 54. Cauliflower______— 1.25 .50 117. Shad...... 50 .50 b. Chopped and pureed 55. Celery...... - 1.25 .50 118. Shrimp______.60 .50 meats...... - 1.25 1.50 56. Celery juice...... 1.25 .50 119. Shrimp, fresh cooked Alaska c. Liquid milk formula___ 1.25 1.25 57. Chard...... 1.25 .50 refrigerated______1.25 .50 d. Soybean milk, liquid__ 1.25 .50 68. Chili sauce...... -...... 1.25 1.25 120. S quid...... 60 .50 e. Dry or powdered milk 59. Chow-chow...... 1.60 1.50 121. T una...... 50 .50 formula...... — .50 60. Com...... 60 .60 122. Turtle...... —— ...... 50 .50 141. Bakery products containing 61. Com on cob------.60 .50 more than 12% moisture.— .50 .50 62. Dehydrated vegetables------.50' .25 Dairy products 142. Beer...... 50 .50 63. Frozen vegetables______... .50 .60 143. Cereal...... 50 .50 64. Green leafy vegetables— .... 1.25 .60 .60 .60 .50 .60 .60 123. Butter and margarine...... 144. Chop suey______1.25 65. Hominy...... 124. Cheese...... 60 .60 1.25 .50 66. Lentils______.60 .30 1.25 145. Chow mein...... - 126. Cream, frozen.— L26 .50 .50 67. Mixed vegetables, fresh.....*. 1.26 .6 0 126. Ice cream and ioe eraam mix 146. Coconut, shredded...... 60 147. Coffee (including soluble)----- 0) »No tinplate or terneplate. (wet)______...... 60 Tuesday, M ay 11, 1948 FEDERAL REGISTER 2533

CAN SPECIFICATIONS— continued

Soldered Non- Soldered Non- Soldered Non- Product or welded soldered or welded soldered Product or welded soldered parts parts Product parts parts parts parts (1) (2) (3) (1) (2) (3) (1) (2) (3)

Miscellaneous food products— Nm-food products—Continued Non-food products—Continued Continued 178. Buffing compounds...... 0.25 P) 202. Lubricating oils, including 148. Eggs, frozen...... 0.60 0.50 179. Carbon disulfide...... 25 0.26 motor oils—Continued 149. Extracts and flavorings, liq- 180. Caulking compound______.25 0) b. Motor oil, other sizes or uid...... 1.25 1.25 181. Cements, only as follows: types of cans...... 0.25 P) 150. Honey...... -...... 1.25 1.25 a. Neoprene base rubber c. Other lubricating oils__ .25 P) 151. Lima bean loaf...... 50 .50 cemcpt...... 1.25 1.25 203. Machine ribbons...... 25 0.25 152. Lobster Newburg...... 50 .50 b. Other synthetic rubbers, 204. Nicotine sulphate...... 1.50 1.50 153 Macaroni with cheese or to- natural rubber, lino- 205. Oils, essential: distilled or mato sauce______1.25 .50 leum, solvent base...... 25 .25 cold pressed...... 1.25 1.25 154. Mayonnaise...... 1.50 1.50 c. Furnace cement...... 25 P) 206. Oils, transformer...... 50 .50 155. Nut meats...... • 25 0) 182. Chemicals, dry, only as fol­ 207. Ointments and salves...... 25 .25 156. Oils liquid edible: lows: 208. Paints: a 5-gal. or larger...... 1.25 1.25 a. Phenols...... 1.50 1.50 a. Aluminum paint...... 50 .50 b. Under 5-gal...... 50 .50 b. Ammonium salts...... 1.25 1.25 b. Copper bottom or anti- 167. Pastes and condiments...... 1.25 .50 c. Cyanide salts______.25 (>) * fouling...... 1.25 1.25 158. Peanut butter and other nut d. Hypochlorite powders... .25 .25 o. Lacquer and lacquer butters...... 50 0) 183. Chemicals, liquid, only as thinner...... 50 .50 159. Ravioli...... -...... 1.25 ,50 follows: d. Paste water paints, in­ 160. Shortening, vegetable and a. Alcohols, aldehyde and cluding resin emulsion. .50 .60 ...... 25 0)animal halogenated hydro- e. Pigmented oil paints__ .25 .25 161. Soda fountain fruit and other carbons.______.50 .60 f. Varnishes, oil stain, acid syrups...... 1.25 1.25 b. Chloropicrin...... 50 .50 shingle stain...... 50 .50 162. Spaghetti in sauce...... 1.25 • 50 c. Bromoacetone...... 50 .50 1.25 1.25 163. Special dietary foods------.... .60 « d. Monochloroacetone____ .50 .50 210. Phosphorus...... 1.25 1.25 164. Syrups, sweet: e. Acrolein...... 50 .50 211. Polishes and waxes: a All seams soldered...... 1.25 1.25 f. Sodium silicate...... 50 .60 a. Solvent base...... 25 P) b. Only side seams soldered. .50 .50 184. Cleaners, only as follows: b. Water base...... 60 .50 165. Syrup, chocolate...... ,50 .50 a. W allpaper...... 60 .50 212. Potassium permanganate, 166. Syrup, m alt...... -...... 50 .50 b. Window spray...... 50 .50 reagent grade...... 50 .50 167. Yeast...... — ...... — .50 • 50 c. Radiator liquid______.50 .50 213. P u tty ...... 25 P) 167*: Any other food products for 185. Chloroform and ether...... 1.25 1.25 214. Roof cement______.25 0) U. S. Army export or U. S. 186. Creosote and wood preserva- 215. Rust preventative...... 25 P) Navy offshore use only__ Any Any tives...... 50 0) 216. Saccharin...... 50 .50 168. All other food products: 187. Deodorizers...... 1.25 1.25 217. Shellac...... P) P) a. Containing 12% or more 188. Disinfectants and germicides.. .25 .25 218. Soap: moisture...... 25 .25 189. D y es...... 50 .60 a. Liquid______1.25 1.25 b. Containing less than 12% 190. Film boxes...... —. .25 .25 b. Paste...... 25 .25 ...... 25 «moisture 191. Fire extinguisher ' fluid, or 219. Sodium and potassium powder...... 25 P) metals...... 50 .50 Non-food products 192. Furnace cement...... 25 (9 220. Sodium peroxide...... 50 .50 169. Abrasives and valve grinding 193. Gasket^ assembling com- 221. Soldering paste, flux...... 25 .25 compounds...... 60 P) pounds______.25 0) 222. Stamp pads...... 50 .50 170. Alcohol, pharmaceutical and 194. Glues and adhesives______1.25 1.25 223. Turpentine...... 50 .50 chemically pure...... 1.25 1.25 195. Glycerine...... 1.50 1.50 224. Varnish and paint removers.. .50 .50 171. Antifreeze...... -— .25 . 25 196. Grain fumigant, liquid...... 50 .60 225. Welding fluxes...... 25 P) 172. Aniline__ :...... L 25 1.25 197. Graphite with liquid content. .25 (') 226. Worm killer, sheep and cattle 173. Auto supplies, only as follows: 198. Hydraulic brake fluid...... 25 .25 dip, sheep and norse drench a. Radiator antirust com- 199. Ink, spirit aniline and roto- roost paint, poultry reme­ pounds, liquid...... 50 .50 gravure...... 50 .50 dies and other liquid dis­ b. Carbon removers....___ .25 P) 200. Ink, printing, duplicating and infectants: c. Radiator stop-leak...... 50 .50 lithographing...... 25 P) a. For external use...... 25 .25 174. Bee feeder, cans for use in 201. Insecticides, and fungicides b. For internal use...... 1.25 1.25 shipping bees...... 50 P) (liquid)...... 25 .25 227. Any nonfood product for U. 175, Benzol, toluene, naphtha, 202. Lubricating oils, including S. Army or U. S. Navy use xylene...... 25 .25 motor oil: only...... Any Any 176, Blood plasma...... 50 .25 a. Motor oil, 1-qt. round ; 228. Any other nonfood products.. .25 P) 177. Boiler sealing compound_... .25 .25 refinery sealed______SCMT P)

i No tinplate or temeplate. > 8-pound temeplate.

Sc h e d u l e II—Q u o t a R estrictions (i) 75% of the amount of tin he used for Law 469,80th Congress; Executive Order this purpose during 1947; or 9841, April 23,1947,12 F. R. 2645; Execu­ N o t e : Schedule II added May 7, 1948. (ii) 75% of the amount of tin he used for tive Order 9942, April 1, 1948, 13 F. R. (a) Scope. This Schedule n places re­ this purpose during 1941, adjusted to re­ 1823; Materials Control Regulation 1, as strictions on can manufacturers’ consump­ flect reduction of tin coating from a 1.25 lb. amended May 7, 1948, supra) tion of tin in making cans. (These restric­ tinplate basis during 1941 to the 0.25-lb. tions weje formerly contained in Direction tinplate basis now permitted by Conserva­ Issued this 7th day of May 1948. tion Order M-81. 10 to Order M-81.) O f f ic e o f D o m e st ic (b) Restrictions on over-all consumption [P. R. Doc. 40-4264; Piled, May 7, 1948; C o m m er c e, of tin for cans. During 1948, in making cans, 4:55 p. m.j no person shall use more tin in the form By R aymond S. H oover, of tinplate coating than was contained in Issuance Officer. the tinplate he received during 1947 for mak­ [P. . R. Doc. 48-4265; Piled, May 7, 1948; ing cans. [Conservation Order M-81, Direction 10, 4:56 p. m.] (c) Equitable distribution of cans. It is Revocation] the policy of the Government that can manu­ P art 338—M aterials O rders facturers observe the following principles in distributing their production of cans: SPECIAL RESTRICTIONS FOR CANS [Conservation Order M-131,1 as Afnended May 7, 1948] (1) Adequate provision for the food pack. Direction 10 to Conservation Order (2) Equitable distribution among and P art 338—M aterials O rders within various groups of can user's, includ­ M-81 is hereby revoked simultaneously ing special consideration for-small business with a separate amendment of Conserva­ CINCHONA BARK AND QTJINIDINE and hardship cases and such provision as is tion Order M-81 which incorporates the Section 338.15 Conservation Order M- reasonable and practical for newcomers. restrictions heretofore contained in (d) Additional restrictions on making cans 131 (formerly § 3293.131) is amended to Direction 10. read as follows: for certain products: This revocation does not affect any (1) Beer. During 1948, in making cans The fulfillment of requirements for for packing beer, no person shall use more liabilities incurred for violation of the tin in the form of tinplate coating than he direction or any action taken by the the defense of the United States has used for that purpose during 1947. Office of Materials Distribution under the created a shortage in the supply of cin- (2) Animal foods. During 1948, in making direction. cans for packing animal food, no person shall 1 Formerly: Title 32—National Defense; use more tin in the form of tinplate coating (Second War Power» Act, 1942, 56 Stat. Chapter IX—Office of Materials Distribution, than whichever is the higher of the following 177, as amended and extended (Pub. Bureau of Foreign and Domestic Commerce, two amounts: Laws 188 and 427, 80th Congress); Pub. Department of Commerce; Part 3293. 2534 RULES AND REGULATIONS chona bark and quinidine for the na­ of cinchona bark from the RFC, or use deliveries between the two parties in con­ tional defense, for private account and or dispose of cinchona bark acquired by nection with that arrangement. for export; and the following order is ^him from the RFC, except as follows: (e) Deliveries tp ultimate consumers. deemed necessary and appropriate in the (1) Toll-agreem'ent. Under a toll- Any person who wishes to get quinidine public interest, to promote the national agreement with the RFC, a processor for consumption and not for resale must defense, and to effectuate the policies set may accept cinchona bark from the RFC, furnish the supplier with a physician’s forth in the legislation under which this process it, and return the processed prescription, if the quinidine is subject to order is administered. products to the RFC. this order. This paragraph applies to PURPOSE AND SCOPE (2) Low-grade bark. Any person all deliveries of such quinidine to the ul­ Par. may, without restriction under this or­ timate consumer. No person shall de­ (a) Purpose and scope. der, accept, use, and dispose of cinchona liver, to an ultimate consumer, any DEFINITIONS bark which the RFC disposes of as un­ quinidine which is subject to this order, (b) Definitions. suitable for the extraction of quinidine. except upon receipt of a written prescrip­ (3) Other cases. Special acceptance, tion signed by a physician licensed to RESTRICTIONS FOR CINCHONA BARK use or disposition authorizations for cin­ prescribe drugs, which shall state either (c) Acceptance from RPC: use; disposition. chona bark to be obtained from the RFC that the quinidine prescribed is to be RESTRICTIONS FOR QUINIDINE may be given by the ODC in other cases used for the treatment of cardiac dis­ (d) Delivery, acceptance, use; general. where unusual circumstances are in­ orders or “Pursuant to Office of Domestic (e) Deliveries to ultimate consumers. volved. Application for such authoriza­ Commerce Order M-131.” No quinidine tion should be made on Form ODC-2945. subject to this order shall be delivered APPROVAL OF APPLICATIONS (See Appendix A at the end of this or­ pursuant to a prescription which is writ­ (f) ODC policies for granting authoriza­ der for preparation instructions.) ten for more than fifty 3-grain tablets or tions. RESTRICTIONS FOR QUINIDINE capsules or for the equivalent of 150 identification grains of quinidine in other dosage form. (g) Identification of exempt stocks. (d) Delivery, acceptance, use; general. No delivery of quinidine subject to this No person may deliver, accept delivery of, order shall be made pursuant to a pre­ MISCELLANEOUS PROVISIONS or use quinidine subject to this order, ex­ scription which is used a second time to (h) Inability to deliver. cept as authorized in writing by the obtain additional quantities. (I) Appeals. Office of Domestic Commerce. (J) Violations. Application for authorization to ac­ APPROVAL OF APPLICATIONS (k) Communications. cept or use must be made on Form ODC- (f) ODC policies for granting authori­ APPENDICES 2945 and should be filed by the 15th of zations. In general, authorizations to ac­ A—Instructions for customer’s Form ODC- the month before the month during cept or use RFC "cinchona bark for pur­ 2945. which acceptance or use is desired. Ap­ poses other than those permitted in para­ B—Instructions for supplier’s Form ODC- plication for authorization to deliver graph (c) of this section will be granted 2946. must be made on Form ODC-2946 and by ODC only in special cases involving § 338.15 Conservation Order M-131. should be filed by the 20th day of the unusual circumstances. In view of the month before the month during which supply situation, it is expected that au­ PURPOSE AND SCOPE delivery is to be made. (See Appendices thorizations will ordinarily not be (a) Purpose and scope. The purpose A and B at the end of this order for granted for export of cinchona bark sub­ of this order is to establish restrictions preparation instructions.) ject to this order. on the distribution and use of cinchona To the extent specified below, the re­ In general, authorizations for quini­ bark and quinidine held by, or obtained strictions set out above in this paragraph dine will be granted by ODC only for the directly or indirectly from, U. S. Gov­ do not apply in the following cases : following purposes and in such amounts ernment agencies. The cinchona-bark (1) Certain Government agencies. No as the limited supply permits (with due restrictions are directed at providing for authorization is required by the RFC, or regard to the individual applicant’s maximum extraction of quinidine. The by any Government disposal agency act­ quinidine inventory requirements and quinidine restrictions are directed at ing as such, to deliver quinidine which is previous consumption): making the limited supply available for subject to this order. (However, the (1) Production of 3-grain tablets, or cardiac treatment and providing ade­ person accepting delivery is subject to 3-grain capsules, or quinidine sulphate quate geographical distribution for that the restrictions of tkis paragraph.) only. purpose. No authorization is required by the (2) Sale of quinidine (in bulk, bottled, None of the distribution or use restric­ U. S. Army, Navy, or Maritime Commis­ packaged, or 3-grain tablet or capsule tions of this order apply to privately im­ sion tos accept delivery, from commercial form) in pharmaceutical distribution ported stocks of cinchona bark or quini­ suppliers, of quinidine which is subject channels. dine (i. e., stocks not held by any U. S. to this order or to use such quinidine. (3) Sale of quinidine to Government Government agency, -not acquired from (However, the person making delivery is agencies and to hospitals, for cardiac- any U. S. Government agency prior to on subject to the restrictions of this treatment use. or after July 15, 1947 (either directly or paragraph.) (4) Sale of quinidine to ultimate con­ through intermediate distributors, proc­ (2) Small deliveries. No authorization sumers on prescription in accordance essors, or other channels of distribu­ is required by any person to accept de­ with paragraph (a) above. tion) , and not made from any such ma­ livery, during any calendar month, of up In view of the supply situation, it is ex­ terials so acquired). They also do not to a total of 2 ounces of quinidine which pected that authorization will ordinarily apply to synthetic quinidine. is subject to this order: Provided, (i) not be granted by ODC for export of The quinidine is for resale to licensed quinidine subject to this order. DEFINITIONS physicians or ultimate consumers and IDENTIFICATION PROVISIONS (b) Definitions. For the purpose of (ii) such acceptance, taken together with this order: such person’s stock of quinidine on hand (g) Identification of exempt stocks. (1) “Cinchona bark” means the bark (in any form) on the delivery date, does As stated in paragraph (a) above, the obtained from the genus Cinchona or not exceed 4 ounces of quinidine, No restrictions of this order do not apply from the genus Remijia. further authorization for delivery, ac­ to privately-imported stocks of cinchona (2) “Quinidine” means quinidine al­ ceptance, or use of the quinidine is re­ bark and quinidine. ' kaloid obtained from cinchona bark, and quired,. but deliveries to ultimate con­ In the case of cinchona bark, the its salts and derivatives. sumers are subject to the prescription re­ question of determining whether or not (3) “RFC” means the Reconstruction quirement of paragraph (e) below. particular stocks are subject to this or­ Finance Corporation, any office of that (3) Toll agreements. Where a per­ der will ordinarily not arise because of agency, and any person acting upon be­ son has an ODC authorization to use a the nature of the' restrictions for that half of such agency or office. quantity of quinidine for producing 3- material. grain tablets or capsules, he may have However, the question may arise in the RESTRICTIONS FOR CINCHONA BARK them made for him by another person case of quinidine because'of the more ex­ (c) Acceptance from RFC; use; dis­ under toll agreement. In such a case, no tensive restrictions for that material. position. No person may accept delivery further authorization is needed for the Therefore, persons obtaining quinidine Tuesday, M ay 11, 1948 FEDERAL REGISTER 2535 (2) Where forms may be obtained. Copies “Order No.", specify “M-131”; under “Unit of thought to be privately imported should of Form ODC-2945 may be obtained at the measure”, speoify “Ounces”. satisfy themselves, in some reasonable address stated in paragraph (3) below. (b) Column 1. Specify the names of cus­ manner, that it was not acquired directly (3) Number of copies. Five copies shall be, tomers. A producer requiring permission to or indirectly from any U. S. Government prepared, of which three shall be forwarded use a part or all of his own production of agency. For this purpose, they may to Office of Domestic Commerce, Department quinidine subject to the order shall list his rely upon statements in package label­ of Commerce, Washington 25, D. C., Ref.: own name in Column 1 as customer. After lings or upon other written statements M-131, one forwarded to the supplier with completing the list of customers, insert whom applicant’s order is placed, and the “Total small order deliveries (estimated)” from suppliers regarding the source of fifth retained for applicant’s file. At least for anticipated small deliveries under para­ the quinidine, unless they know or have one of the copies filed with the ODC shall graph (d) (2) of M-131. reason to believe the statements are not be signed by applicant by a duly authorized (c) Column 2. List each form of quini­ true. In general, private imports of official. Where the application is solely for authorization to use from inventory, no copy dine for which orders for delivery during quinidine were not resumed until after need be prepared for suppliers. the applicable month have been received as July 15, 1947. Therefore, quinine ob­ (4) Special instructions for filling out indicated in the Form ODC-2945 filed with tained or packaged before that date is farm. Observe the instructions on th e form the applicant by his customers. likely to have been acquired from gov­ together with the instructions given below: (d) Column 4. Specify total quantity to (a) Heading. Under “Unit of Measure” be delivered to each customer named in Col­ ernment stocks. specify “Pounds” in the case of cinchona umn 1, and total estimated quantity to be MISCELLANEOUS PROVISIONS bark and “Ounces” in the case of quinidine. delivered on the “Small order deliveries” (b) Column 1. If the application concerns mentioned in Column 1. Do not Include (h) Inability to deliver. If a person cinchona bark, specify in Column 1 the grade quantities to be delivered from stocks not is specifically authorized under this or­ or variety. If the application concerns subject to Order M-131. quinidine, specify in Column 1 the form of' (e) Table II. Suppliers who produce quini­ der to make delivery to any specific cus­ quinidine involved; for example, quinidine dine will report all production, deliveries and tomer or group of customers, but is un­ alkaloid, quinidine sulfate, etc. (It is not stocks of quinidine (whether or not derived able to make the delivery either because necessary to use a separate set of applica­ from government stocks) as required by of receipt of notice of cancellation or tions for each form of quinidine requested.) (c) Column 2. Specify the quantity (in Table II, Columns 8 to 16, Inclusive. Sup­ otherwise, he must immediately notify pounds) for cinchona bank and (in ounces) pliers who do not produce quinidine (i. e., the ODC, and shall not deliver the ma­ for quinidine. distributors, importers) will enter in Col­ terial to anyone else, or use it, until he (d) Column 3. In Column 3 specify the umns 9, 11 and 14 “Receipts” instead of receives further instructions. exact name of the product or products in the “Production". In Column 8 the supplier will (i) Appeals. Appeals from the pro­ manufacture or preparation of which the specify each form of quinidine for which or­ cinchona bark, or quinidine will be used or ders for delivery during the applicable month visions of this order shall be made by incorporated. Distributors ordering for re­ have been received, as indicated in the Form filing a letter in triplicate, referring to sale will specify “Resale.”' If purchase is for ODC-2945 filed with him by his customers. the particular provision appealed from inventory, specify “Inventory.” and stating fully the grounds of the (e) Column 4. In Column 4 specify ulti­ [F. R. Doc. 48-4224; Filed, May 7, 1948; mate use to be made of the primary product, 10:09 a. m.] appeal. for example “cardiac," and if the purpose is (j) Violations. Any person who wil­ to fill Army, Navy, or other government agen­ fully violates any provision of this order cies’ contracts, state the contract number. or who, in connection with this order, If the purpose is for export by the applicant [Rubber Order R -l,1 as Amended May 7,1948] wilfully conceals a material fact or fur­ to countries other than Canada, the Form nishes false information to any depart­ ODC-2945 must first be sent to Department Part 338—Materials Orders of Commerce, Office of International Trade, ment or agency of the United States is together with application for an export li­ RUBBER, SYNTHETIC RUBBER AND PRODUCTS guilty of a crime, and upon conviction cense. If the export license is granted, OIT THEREOF may be punished by fine or imprison­ will then affix the export license number to Section 338.50 Rubber Order R -l (for­ ment. In addition, any such person may Form ODC-2945 and forward the document to ODC. (See paragraph (f) of M-131 for merly §§ 4600.01-4600.16) is amended to be prohibited from making or obtaining ODC policy regarding authorizations for read as follows: further deliveries of, or from processing export.) or using material under priority control (f) Table II. In Column 7 of Table II, list The following order is deemed neces­ and may be deprived of priorities assist­ separately each form of quinidine involved sary and appropriate to strengthen na­ ance. (i. e., powder, tablets, etc.). In Columns 8 tional security and the common defense (k) Communications. All applica­ to 11, inclusive, report all receipts, allocations by providing for the maintenance of an and stocks of quinidine (whether or not adequate domestic rubber-producing in<- tions and reports required to be filed derived from government stocks). This Table hereunder, and all communications con­ may be left blank on the copy to be sent to dustry, and to carry out the policies of cerning this order, shall, unless other­ the supplier and on one of the copies to be the Rubber Act of 1948, Public Law 469, wise directed, be addressed to Office of sent to. ODC. 80th Congress, approved March 31, 1948.

Domestic Commerce, Department of A p p e n d ix B — I nstructions f o r S u p p l ie r ’s § 338.50 Rubber Order R -l. Commerce, Washington 25, D. C., Ref.: F o r m A p p l ic a t io n U n d e r O rder ODC-2946 DEFINITIONS. M-131. M-131 (a) Definitions. As used in this order: N o t e : The reporting provisions of this or­ (1) Who should file. Under paragraph (d) der have been approved by the Bureau of of Order M-131, suppliers must obtain au­ (1) ‘‘Natural rubber” means all forms the Budget pursuant to the Federal Reports thorization on Form ODC-2946 before deliv­ and ty p es of tree, vine, or shrub rubber, Act of 1942. ering quinidine which is subject to the including guayule and natural rubber order. (Some exceptions from this require­ latex, but excluding reclaimed natural (Second War Powers Act, 1942, 56 Stat. ment are explained in that paragraph.) No rubber. 177, as amended and extended (Pub. such application is required for cinchona (2) “Synthetic rubber” means any Laws 188 and 427, 80th Coafcress) ; Exec­ bark. product of chemical synthesis similar ih utive Order 9841, April 23, 1947, 12 R R. (2) Where forms may be obtained. Copies general properties and applications to of Form ODC-2946 may be obtained at the 2645; Materials Control Regulation 1, as address shown in paragraph (3) below. natural rubber, and specifically capable amended May 7, 1948, supra) (3) Number of copies. Four copies shall of vulcanization, produced in the United be prepared, of which three shall be for­ States, not including reclaimed synthetic Issued this 7th day of May 1948. warded to Office of Domestic Commerce, De­ rubber. Office of D omestic partment of Commerce, Washington 25, D. C., (i) “General-purpose synthetic rub­ Ref.: M-131, the fourth to be.retained by the ber” means a synthetic rubber of the Commerce, supplier. Each producer who has filed ap­ By R aymond S. Hoover, butadiene-styrene type (GR-S) gener­ plication on Form ODC-2945 specifying him­ ally suitable for use in the manufacture Issuance Officer. self as his supplier, shall list his own name as customer on Form ODC-2946 and shall list of transportation items such as tires or A p p e n d ix A — I n s t r u c t io n * f o r C u s t o m e r ’s his request for allocation in the manner pre­ camelback, as well as any other type of F o r m ODC-2945 A p p l ic a t io n U n d e r O rder M-131 scribed for other customers. (4) Special instructions for filling out 1 Formerly designated Title 32, National De­ (l) Who should file. The cases in which form. Follow the instructions on the form fense, Chapter IX, Office of Materials Distri­ applications on Form ODC-2945 should be except where they conflict with the specific bution, B ureau of Foreign and Domestic filed for authorization under Order M-131 instructions given below: Commerce, Department of Commerce, Part are explained in that order : paragraph (c) — (a) Heading. In the heading under “Name 4600, rubber, synthetic rubber and products cinchona bark; paragraph (d)—quinidihe. of chemical”, specify ’“Quinidine”. Under thereof, §§ 4600.01-4600.16. 2536 RULES AND REGULATIONS synthetic rubber equally or better suited may apply to the Office of Domestic merce, Department of Commerce, in ac­ for use in the manufacture of transporta­ Commerce for reconsideration of his cordance with thq instructions accom­ tion items such as tires or camelback, as # allocation. panying the form.. determined from time to time by the (2) Each manufacturer of tires shall President. IMPORT RESTRICTIONS file a" report of his production of cured (ii) “Special-purpose synthetic rub­ (f) Restrictions on importation of tires for each week on Form ODC-4231 ber” means a synthetic rubber of the rubber products. (1) For the purpose (formerly OMD-4231) with the Office of types now known as butyl (GR-I), neo­ of this section, “import” means to trans­ Domestic Commerce, Department of prene, or N-types (butadiene-acryloni­ port in any manner from any foreign Commerce, in accordance with the in­ trile types) as well as any synthetic rub­ country into the continental United structions accompanying the form. ber of similar or improved quality appli­ States or into any territory or possession (3) Any person may be required to file cable to similar uses, as determined from of the United States. It does not include such other reports as may be needed time to time by the President. shipments into a free port, free zone or subject to approval by the Bureau of the (3) “Consume” means in the case of bonded custody of the United States Budget in accordance with the Federal natural rubber or synthetic rubber, to Bureau of Customs (bonded warehouse) Reports Act of 1942. compound, expend, formulate or in any in the continental United States for (i) Violations. Any person who wil­ manner make any substantial change in trans-shipment to any foreign country. fully violates any provision of this order, the form, shape or chemicaljsomposition (2) No person shall import any prod­ or who in accordance with this order wil­ except where any of these materials are uct listed in Appendix A except where: fully conceals a material fact or fur­ used in the preparation of master- (i) The importation of any such prod­ nishes false information to any depart­ batches or compounds prepared for use uct is made by diplomatic representatives ment or agency of the United States in the manufacture of finished products. of any foreign government for their per­ Government is guilty of a crime, and (4) “Person” means any individual, sonal use or the use uf members of their upon conviction may be punished by firm, copartnership, business trust, cor­ staffs, or by commercial representatives fine or imprisonment. poration, or any organized group of per­ of any foreign government for use in their (j) Appeals. Appeals from any of the sons whether incorporated or not, and official business; or provisions of this order shall be made any Government department, agency, (ii) The importation by any person of by filing a letter with the Rubber Divi­ officer, corporation, or instrumentality any such products is accompanied by a sion, specifying the particular provision of the United States. certificate to be furnished to the Collec­ appealed from and stating fully the (5) “Now RHC” means total new rub­ tor of Customs at the port of entry, sub­ grounds for the appeal. ber hydrocarbon. This is the total RHC stantially as follows: (k) Appeals, Reports and Communi­ content of natural rubber, synthetic rub­ The undersigned hereby certifies, subject cations. All appeals, all reports to be ber, uncured scrap rubber, uncured in- to the criminal penalties for misrepresenta­ filed under this order and all communi­ process materials, and the rubber hydro­ tion contained in Section 35A of the United cations concerning this order shall be carbon content of master-batches or States Criminal Code, that the products addressed to: Department of Commerce, compounds of new rubber. covered by the invoice to which this cer­ Office of Domestic Commerce, Rubber tificate is attached, as noted therein, were Division, Washington 25, D. C., Ref. MANUFACTURING REGULATIONS manufactured in accordance with the specifi­ Rubber Order R-l. cations for such products, contained in Of­ # (b) Mandatory consumption of syn­ fice of Domestic Commerce, Rubber Order (Pub. Law 469, 80th Congress; E. O. thetic rubber. No person shall manufac­ R -l, Appendix A. 9942, April 1, 1948, 13 F. R. 1823; Mate­ ture any product listed in Appendix A, rials Control Regulation 1, as amended in any type and size listed in that Appen­ May 7, 1948, supra) dix, unless it conforms with the synthetic Date Signature of importer rubber specifications designated in the Issued this 7th day of May 1948. REPORTS, VIOLATIONS, APPEALS AND Appendix for.that product. Office of D omestic (c) Exception for experimental pur­ COMMUNICATIONS (g) Reports of rubber consumption Commerce, poses. Notwithstanding the provisions By R aymond S. Hoover, of paragraph (b) above, any person may and stocks. Every person who consumed Issuance Officer. use up to a total of 2,000 lbs. of natural or owned at any time during any month rubber during any calendar quarter for any type of rubbers listed below in an A p p e n d ix A—S y n t h e t ic R u b b e r S p e c if ic a ­ experimentation in the manufacture of amount in pounds equal to or in excess t io n s f o r C e r t a in P r o d u c t s those sizes and types of tirés and tubes of the amounts specified below, shall file t ir e s for which specifications are provided in a monthly report on Form ODC-3410 (a) Tires. All tires, in any size and type Appendix A. (formerly OMD-3410) with the Office listed below, shall contain GR-S in at least of Domestic Commerce, Department of the percentage designated below. ALLOCATION OF SYNTHETIC RUBBER Commerce, in accordance with the in­ (d) Allocation of Government-pro­ structions accompanying the form. This Percent GR-S duced GR-S. The Office of Domestic report form covers consumption, stocks, to total new Commerce will allocate Government- receipts, production and shipments. RHC produced GR-S and will notify thé Office Amount of Rubber Reserve, Reconstruction Fi­ Tire groups—size and type Mini­ Mini­ Types: (pounds) mum mum nance Corporation, of the amounts allo­ Natural rubber______15,000 group indi­ cated and to be sold to each person apply­ Natural rubber latex (dry latex aver­ vidual ing to the RFC for a purchase permit. solids) ______5,000 4k age tire Persons desiring to purchase GR-S will Reclaimed rubber______10,000 submit purchase requests to the Office GR-S (all types including GR-S 1. All tires below 11.00 down to and latex) ------15,000 including 8.25, except tractor, im­ of Rubber Reserve in accordance with Butyl (GR-I), all types______10,000 plement, industrial pneumatic and the existing ORR procedure and the wire tires...... 3.0 1.0 Neoprene (all types, Including 2. All truck 7.50 and down (including Office of Rubber Reserve will issue pur­ neoprene latex)______5,000 15" and 16" diameter). All pas­ chase permits only up to the amounts Butadiene-Acrylonitrile types____ 5,000 senger and industrial 6.25 (old size), 7.10 (new size) and up______23.0 11.0 allocated by ODC per quarter. 3. All passenger, implement and in­ (e) Basis of allocation of Government- No report need be filed as to any of dustrial 6.00 (old size), 6.70 (new produced GR-S. The basis for the allo­ these types of rubbers if both rubber- size) and down. All 'motorcycle cohsumed and rubber owned were each and front farm tract or...... 68.0 42.0 cation of GR-S by the Office of Domestic 4. Bicycle, whitewall balloon sizes__ 13.0 5.0 Commerce to any person will be his con­ less than the amounts specified above for 5. Bicycle, other balloon sizes.______65.0 40.0 the particular types of rubbers. 6. Rear farm tractor and all other im­ sumption of GR-S during the 4th quar­ (h) Other reports. (1) Each manu­ plement...... 80.0 55.0 ter of 1947 and his minimum inventory facturer of tires or camelback shall file requirements not exceecjmg 20 days (in­ N ote: The above Group averages for Groups 1, 2 or a report on his production, shipments 3 may be reduced by not more than three (3) points, ventory in warehouse and in transit). and inventory for each calendar month provided the aggregate GR-S consumption in these Any person for whom. an allocation on on Form ODC-3438 (formerly OMD- Groups equals the total amount of GR-S which would have been consumed if calculated on the above, mini­ the above basis would not be equitable 3438) with the Office of Domestic Com­ mum group averages for Groups 1, 2 and 3. Tuesday, M ay 11, 1948 FEDERAL REGISTER 2537

TIRE TUBES must intend to continue to occupy such (1) Effective strategic direction of the unit. Armed Forces. (b) Tire tubes—(1) Minimum GR-I (2) Operation of Armed Forces under content. Ninety-eight percent (98%) (54 Stat. 1125; 42 U. S. C. 1521) unified command, wherever such unified of the tire tubes manufactured by any J ohn T aylor Egan, command is in the best interest of na­ person in sizes and types: old sizes 6.00, Commissioner. tional security. 6.25, 6.50 and new sizes 6.70, 7.10 and (3) Integration of the Armed Forces 7.60, of 15'\and 16" diameter shall con­ [F. R. Doc. 48-4196; Filed, Mfcy' 10, 1948; 8154 a. m.] Into an efficient team of land, naval, and tain one hundred percent (100%) GR-I air force. (butyl) to the total new RHC. (4) Prevention of unnecessary dupli­ (2) Exceptions, (i) Two percent (2%) cation or overlapping among the Serv­ of the manufacturer’s production of TITLE 32— NATIONAL DEFENSE ices, by utilization of the personnel, in­ tubes in the above sizes may be made of Chapter I— Secretary of Defense telligence, facilities, equipment, supplies any material; (ii) Airplane, double air and services of any or all Services in all chamber, plastic sealing, and compres­ Part 1—F unctions of the Armed F orces cases where military effectiveness and sion safety tubes in all sizes may be made and the J oint Chiefs of Staff economy of resources will thereby be of any material. Sec. increased. tiriT flaps 1.0 Introduction. (5) Coordination of Armed Forces op­ 1.1 Principles. erations to promote efficiency and econ­ (c) Tire flaps. All tire flaps made for 1.2 Common functions of the Armed omy and to prevent gaps in responsi­ tires 10.00 cross section or smaller shall Forces. bility. each contain GR-S in an amount at 1.3 Functions of the Joint Chiefs of Staff. (c) It is essential that there be full least equal to 45% of the total new RHC 1.4 Functions of the United States Army. 1.5 Functions of the United States Navy utilization and exploitation of the weap­ in the flap. .__. . . and Marine Corps. ons, techniques, and intrinsic capabilities CAMELBACK 1.6 Functions of the United States Air of each of the Services in any military Force. situation where this will contribute ef­ (d) Camelback. Camelback made for 1.7 Glossary of Terms and Definitions. tires smaller than size 8.25 with less fectively to the attainment of over-all Authority: §§1.0 to 1.7, inclusive, issued military objectives. In effecting this, than 5%" crown width and ^ 2" gauge under sec. 202 (a), 61 Stat. 500. collateral as well as primary functions shall contain 100% GR-S to the total will be assigned. It is recognized that new RHC. § 1.1 Introduction. Congress, in thè National Security Act of 1947, has de­ assignment of collateral functions may [F. R. Doc. 48-4217; Filed, May 7, 1948; establish further justification for stated 10:07 a. m.] scribed the basic policy embodied in the force requirements, but such assignment act in the following terms: shall not be used as the basis of estab­ In enacting this legislation, it is the intent lishing additional force requirements. of Congress to provide a comprehensive pro­ 4* (d) Doctrines, procedures, and plans gram for the future security of the United Part 372—Compliance P rocedure of States; to provide for the establishment of covering joint operations and joint exer­ Office of Materials Distribution integrated policies and procedures for the cises shall be jointly prepared. Primary departments, agencies, and functions of the responsibility for development of certain Part 373—Office of Materials Distri­ Government relating to the national secu­ doctrines and procedures is hereinafter bution, D elegation of Authority rity; to provide three military departments assigned. for the operation and administration of the transfer of regulations (e) Technological developments, vari­ Army, the Navy (including naval aviation ations in the availability of manpower Cross Reference: Procedural Docu­ and the United States Marine Corps), and and natural resources, changing eco­ ment 2, formerly in Part 372, appears in the Air Force, with their assigned combat nomic conditions, and changes in the Part 334 of this chapter as §§ 334.1- and service components; to provide for their authoritative coordination and unified direc­ world politico-military situation may 334.22, supra. Materials Control Reg. 2, tion under civilian control but not to merge dictate the desirability of changes in the formerly § 373.1, appears as § 329.1 of them; to provide for the effective strategic present assignment of specific functions this chapter, supra. direction of the armed forces and for their and responsibilities to the individual operation under unified control and for their Services. This determination and the integration into an efficient team of land, initiation of implementing action are the TITLE 24— HOUSING CREDIT naval and air forces. responsibility of the Secretary of De­ In accordance with the policy declared fense. Chapter VI— Public Housing Admin­ by Congress, and in accordance with the istration § 1.2 Common functions of the Armed provisions of the National Security Act Forces—(a) General. As prescribed by Part 631—W ar Housing Program: of 1947, and to provide guidance for the higher authority and under the general P olicy departments and the joint agencies of direction of the Joint Chiefs of Staff, the the National Military Establishment, the armed forces shall conduct operations disposition of federally owned war Secretary of Defense, by direction of the HOUSING PROJECTS wherever and whenever necessary for the President, hereby promulgates the fol­ following purposes: Section 631.4 Disposition of federally lowing statement of the functions of the (1) To support and defend the Con­ owned war housing projects, is hereby Armed Forces and the Joint Chiefs of stitution of the United States against all amended by the deletion from para­ Staff. 4 enemies, foreign or domestic. graph (a) (5) (13 P. R. 1507), of the fol­ § 1.1 Principles, (a) There shall be (2) To maintain, by timely and effec­ lowing undesignated inferior subdivi­ the maximum practicable integration of tive military action, the security of the sions: the policies and procedures of the de­ United States, its possessions and areas In order for the family of a living partments and agencies of the National- vital to its interest. veteran to exercise a Class 1 or 1A pri­ Military Establishment. This does not (3) To uphold and advance the na­ ority (see paragraph (d) (3) of this imply a merging of Armed Forces, but tional policies and interests of the United section) both the veteran and the family does demand a consonance and correla­ States. must occupy a dwelling unit in the build­ tion of policies and procedures through­ (4) To safeguard the internal security ing to be sold at the time of offering and out the National Military Establishment, of the United States. must intend to continue to occupy such in order to produce an effective, econom­ (b) Specific. (1) In accordance with unit. ical, harmonious and businesslike or­ guidance from the Joint Chiefs of Staff, In order for the family of a living ganization which will insure the military to prepare forces and to establish re­ veteran to exercise a Class 2 priority both security of the United States. serves of equipment and supplies for the the veteran and the family must intend (b) The functions stated herein shall effective prosecution of war and to plan to occupy a dwelling unit in a building be carrie^jut in such a manner as to for the expansion of peacetime compo­ to be sold at the time of offering and achieve tlfe following: nents to meet the needs of wax. 2538 RULES AND REGULATIONS

(2) To maintain in readiness mobile tablishment general policies and doc­ (a) Primary functions. (1) To or­ reserve forces, properly organized, trines in order to provide guidance in the ganize, train, and equip Army forces for trained, and equipped for employment preparation of their respective detailed the conduct of prompt and sustained in emergency. plans. combat operations on land. Specifically: (3) To provide adequate, timely, and (5) As directed by proper authority, (1) To defeat enemy land forces. reliable intelligence for use within the to participate in the preparation of com­ (ii) To seize, occupy, and defend land National Military Establishment. bined plans for military action in con­ areas. (4) To organize, train, and equip junction Awith the armed forces of other (2) To organize, train, and equip Army forces for joint operations. nations. antiaircraft artillery units. (5) To conduct research, to develop (6) To establish unified commands in (3) To organize and equip, in coordi­ tactics, technique and organization, and strategic areas when such unified com­ nation with the other Services, and to to develop and procure weapons, equip­ mands are in the interest of national se­ provide Army forces for joint amphibi­ ment, and supplies essential to the ful­ curity, and to authorize commanders ous and air-borne operations, and to pro­ fillment of the functions hereinafter as­ thereof to establish such subordinate uni­ vide for the training of such forces in signed, each Service coordinating with fied commands as may be necessary. accordance with policies and doctrines the others in all matters of joint con­ (7) To designate, as necessary, one of .of the Joint Chiefs of Staff. cern. their members as their executive agent (4) To develop, in coordination with (6) To develop, garrison, supply, for: the other Services, tactics, technique, and equip, and maintain bases and other in­ (i) A unified command; equipment of interest to the Army for stallations, to include lines of communi­ (ii) Certain operations, and specified amphibious operations and not provided cation, and to provide administrative commands; for in §1.5 (a) (4) and (11) (iii). and logistical support of all forces and (iii) The development of special tac­ (5) To provide an organization capa­ bases. tics, technique, and equipment, except ble of furnishing adequate, timely, and (7) To provide, as directed by proper as otherwise provided herein; and reliable intelligence for the Army. authority, such forces, military missions, (iv) The conduct of joint training, ex­ (6) To provide Army forces as re­ and detachments for service in foreign cept as otherwise provided herein. quired for the defense of the United countries as may be required to support (8) To determine what means are re­ States against air attack, in accordance the national interests of the United quired for the exercise of unified com­ with joint doctrines and procedures ap­ States. mand, and to assign to individual mem­ proved by the Joint Chiefs of Staff. (8) As directed by proper authority, to bers the responsibility of providing such (7) To provide forces, as directed by assist in training and equipping the mili­ means. proper authority, for occupation of ter-' tary forces of foreign nations. (9) To approve policies and doctrines ritories abroad, to include initial estab­ (9) Each Service to assist the others for: lishment of military government pend­ in the accomplishment of their func­ (i) Joint operations, including joint ing transfer of this responsibility to tions, including the provision of person-*, amphibious and airborne operations, and other authority. nel, intelligence, training, facilities, for joint training. (8) To develop, in coordination with equipment, supplies, and services as may (ii) Coordinating the education of the Navy, the Air Force, and the Marine be determined by proper authority. members of the Armed Forces. Corps, the doctrines, procedures, and (10) Each Service to support opera­ (10) To recommend to the Secretary equipment employed by Army and Ma­ tions of the others. of Defense the assignment of primary rine forces in air-borne operations. The (11) Each Service to coordinate oper­ responsibility for any function of the Army shall have primary interest in the ations (including administrative, logis­ Armed Forces requiring such determina­ development of those air-borne doc­ tical, training, and combat) with those tion. trines, procedures and equipment which of the other Services as necessary in the (11) To prepare and submit to the are of common interest to the Army and best interests of the United States. Secretary of Defense, for his information the Marine Corps. (12) Each Service to determine and and consideration in furnishing guidance (9) To formulate doctrines and pro­ provide the means of communications by to the Departments for preparation of cedures for the organization, equipping, which command within the Service is to their annual budgetary estimates and in training, and employment of forces oper­ be exercised. coordinating these budgets, a statement ating on land, at division level and above, (13) To refer all matters of strategic of military requirements which is based including division corps, army, and gen­ significance to the Joint Chiefs of Staff. upon -agreed strategic considerations, eral reserve troops, except that the for­ joint outline war plans, and current na­ mulation of doctrines and procedures § 1.3 Functions of the Joint Chiéfs of for the organization, equipping; training, Staff—(a) General. The Joint Chiefs tional security commitments. This state­ ment of requirements shall include: and employment of Marine Corps units of Staff, consisting of the Chief of Staff, for amphibious operations shall be a U. S. Army; the Chief of Naval Opera­ Tasks, priority of tasks, force require­ ments, and general strategic guidance function of the Department of the Navy, tions; the Chief of Staff, U. S. Air Force; coordinating as required by § 1.5 (a) and the Chief of Staff to the Com- concerning developments of military in­ stallations and bases, equipping and (11) (iii). mander-in-Chief, if there be one, are the (10) To provide support, as directed principal military advisers to the Presi­ maintaining the military forces, and re­ search and development and industrial by higher authority, for the following dent and to the Secretary of Defense. activities. (b) Specific. Subject to the authority mobilization programs. (12) To provide United States repre­ (i) The administration and operation and direction of the President and the of the Panama Canal. Secretary of Defense, it shall be the duty sentation on the Military Staff Commit­ tee of the United Nations, in accordance (11) River and harbor projects in the of the Joint Chiefs of Staff: United States, its territories, and pos­ (1) To prepare strategic plans and to with the provisions of the Charter of the sessions. provide for the strategic direction of the United Nations and representation on (iii) Certain other civil activities pre­ Armed Forces, to include the general other properly authorized military staffs, scribed by law. direction of all combat operations. boards, councils, and missions. (b) Collateral functions. The forces (2) To prepare joint logistic plans and § 1.4 Functions of the United States developed and trained to perform the to assign to the military Services logistic Army. The United States Army includes primary functions set forth above shall responsibilities in accordance with such land combat and service forces and such be employed to support and supplement plans. the other Services in carrying out their (3) To prepare integrated joint plans aviation and water transport as may be primary functions, where and when­ for military mobilization, and to review organic therein. It is organized, trained, ever such participation will result in in­ major material requirements and per­ and equipped primarily for prompt and creased effectiveness and will contrib­ sonnel qualifications and requirements sustained combat operations on land. Of ute to the accomplishment of the over­ of the Armed Forces in the light of stra­ the three major Services, the Army has all military objectives. The Joint Chiefs tegic and logistic plans. primary interest in all operations on of Staff member of the Service having (4) To promulgate to the individual land, except in those operations other­ primary 'responsibility for a function departments of the National Military Es- wise assigned herein. shall be the agent of the Joint Chiefs of Tuesday, M ay 11, 1948 FEDERAL REGISTER 2539 Staff to present to that body the require­ (7) To provide air transport essential not be construed to prevent any member ments for and plans for the employment for naval operations. of the Joint Chiefs of Staff from present­ of all forces to carry out the function. (8) To provide sea-based air defense ing unilaterally, any issue of disagree­ He shall also be responsible for present­ and the sea-based means for coordinat­ ment with another Service. Certain ing to the Joint Chiefs of Staff for final ing control for defense against air attack, specific collateral functions of the Navy decision any disagreement within the coordinating with the other Services in and Marine Corps are listed below: field of his primary responsibility which matters of joint concern. (1) To interdict enemy land and air has not been resolved. This shall not (9) To provide naval (including naval power and comunications through opera­ be construed to prevent any members of air) forces as required for the defense tions at sea. the Joint Chiefs of Staff from presenting of the United States against air attack, (2) To conduct close air support for unilaterally any issue of disagreement in accordance with the joint doctrines land operations. with another Service. Certain specific and procedures approved by the Joint (3) To furnish aerial photography for collateral functions of the Army are Chiefs of Staff. cartographic purposes. listed below: (10) To furnish aerial photography as (4) To be prepared to participate in (1) To interdict enemy sea and air necessary for naval and Marine Corps the overall air effort as directed by the power and communications through operations. Joint Chiefs of Staff. operations on or from land. (11) To maintain the United States (2) To provide forces and equipment Marine Corps, which shall include land § 1.6 Functions of the United States for and to conduct controlled mine field combat and service forces and such avia­ Air Force. The United States Air Force operations. tion as may be organic therein. Its spe­ includes air combat and service forces. It is organized, trained, and equipped § 1.5 Functions of the United States cific functions are: (i) To provide Fleet Marine Forces of primarily for prompt and sustained com­ Navy and Marine Corps. Within the bat operations in the air. Of the three Department of the Navy, assigned forces combined arms, together with supporting air components, for service with the Fleet major Services, the Air Force has pri­ include the entire operating forces of the mary interest in all operations in the air, United States Navy, including naval in the seizure or defense of advanced naval bases and for the conduct of such except in those operations otherwise as­ aviation, and the United States Marine signed herein. Corps. These forces are organized, land operations as may be essential to the prosecution of a naval campaign. These (а) Primary functions. (1) Tq organ­ trained, and equipped primarily for ize, tram and equip Air Force forces for prompt and sustained combat operations functions do not contemplate the crea­ at sea, and for air and land operations tion of a second land army. the conduct of prompt and sustained incident thereto. Of the three major (ii) To provide detachments and or­ combat operations in the air. Specifi­ ganizations for service on armed vessels cally: Services, the Navy has primary Interest (1) To be responsible for defense of in all operations at sea, except in those of the Navy, and security detachments operations otherwise assigned herein. for the protection of naval property at the United States against air attack in (а) Primary functions. (1) To or­ naval stations and bases. accordance with the policies arid proce­ ganize, train, and equip Navy and Ma­ (iii) To develop, in coordination with dures of the Joint Chiefs of Staff. rine Forces for the conduct of prompt the Army, the Navy, and the Air Force, (ii) To gain and maintain general air and sustained combat operations at sea, the tactics, technique, and equipment supremacy. including operations qf sea-based air­ employed by landing forces in amphibi­ (iii) To defeat enemy air forces. craft and their land-based naval air com­ ous operations. The Marine Corps shall - (iv) To control vital air areas. ponents. Specifically: have primary interest in the development (v) To establish local air superiority (1) To seek out and destroy enemy of those landing force tactics, technique, except as otherwise assigned herein. naval forces and to suppress enemy sea and equipment which are of common in­ (2) To formulate joint doctrines and commerce. terest to the Army and the Marine Corps. procedures, in coordination with the Cil) To gain and maintain general sea (iv) To train and equip, as required, other Services, for the defense of the supremacy. Marine Forces for airborne operations, United States against air attack, and to (iii) To control vital sea areas and to in coordination with the Army, the Navy, provide the Air Force units, facilities, protect vital sea lines of communication. and the Air Force in accordance with and equipment required therefor. (iv) To establish and maintain local policies, and doctrines of the Joint Chiefs (3) To be responsible for strategic air superiority (including air) in an area of of Staff. warfare. naval operations. (v) To develop, in coordination with (4) To organize and equip Air Force (v) To seize and defend advanced na­ the Army, the Navy, and the Air Force, forces for joint amphibious and airborne val bases and to conduct such land op­ doctrines, procedures, and equipment of operations, in coordination with the erations as may be essential to the prose­ interest to the Marine Corps for airborne other Services, and to provide for their cution of a naval campaign. operations and not provided for in § 1.4 training in accordance with policies and (2) To conduct air operations as nec­ (a) (8). doctrines of the Joint Chiefs of Staff. essary for the accomplishment of ob­ (12) To provide forces, as directed by (5) To furnish close combat and logis­ jectives in a naval campaign. proper authority for the establishment tical air support to the Army, to include (J) To organize and equip, in coor­ of military government, pending transfer air lift, support, and resupply of airborne dination with the other Services, and to of this responsibility to other authority. operations, aerial photography, tactical provide Naval forces, including Naval (b) Collateral functions. The forces reconnaissance, and interdiction of en­ close air support forces, for the conduct developed and trained to perform the emy land power and communications. of joint amphibious operations, and to primary functions set forth above shall (б) To provide air transport for the be responsible for the amphibious train­ be employed to support and supplement Armed Forces except as otherwise as­ ing of all forces as assigned for joint the other Services in carrying out their, signed. amphibious operations in accordance primary functions, where and whenever (7) To provide Air Force forces for with the policies and doctrines of the such participation will result in in­ land-based air defense, coordinating Joint Chiefs of Staff. creased effectiveness and will contribute with the other Services in matters of (4) To develop, in coordination with to the accomplishment of the overall joint concern. the other Services, the doctrines, pro­ military objectives. The Joint Chiefs of (8) To develop, in coordination with cedures, and equipment of naval forces Staff member of the Service having the other Services, doctrines, procedures, for amphibious operations, and the doc­ primary responsibility for a function and equipment for air defense from land trines and procedures for joint amphibi­ shall be the agent of the Joint Chiefs of areas, including the continental United ous operations. Staff to present to that body the require­ States. (5) To furnish adequate, timely, and ments for and plans for the employment (9) To provide an organization capa­ reliable intelligence for the Navy and of all forces to carry out the function. ble of furnishing adequate timely, and Marine Corps. He shall also be responsible for the pre­ reliable intelligence for the Air Force. (б) To be responsible for naval recon­ senting to the Joint Chiefs of Staff for (10) To furnish aerial photography for naissance, anti-submarine warfare, the final decision any disagreement within cartographic purposes. protection of shipping, and for mine lay­ the field of his primary responsibility (11) To develop, in coordination with ing, including the air aspects thereof. which has not been resolved. This shall the other Services, tactics, technique, 2540 RULES AND REGULATIONS and equipment of interest to the Air large-scale land operation in which case enemy armed forces, key agricultural Force for amphibious operations and not it becomes the amphibious phase of a areas, and other such targets systems. Joint amphibious operation. After the provided for in § 1.5 (a) (4) and (11) J ames Forrestal, (iii). troops are landed and firmly established Secretary of Defense. . (12) To develop, in coordination with ashore the operation becomes a land the other Services, doctrines, procedures, operation. [P. R. Dod. 48-4194; Piled, May 10, 1948; and equipment employed by Air Force (e) “Anti-submarine operations”: 8:45 a. m.] forces in air-borne operations. , Operations contributing to the conduct (b) Collateral functions. The forces of anti-submarine warfare. developed and trained to perform the (f) “Anti-submarine warfare”: Op­ Chapter IX— Office of Materials Dis­ primary functions set forth shall be em­ erations conducted against submarines, ployed to support and supplement the their supporting forces, and operating tribution, Bureau of Foreign and other Services in carrying out their pri­ bases. Domestic Commerce, Department mary functions, where and whenever (g) “Base”: A locality from which such participation will result in increased operations are projected or supported. of Commerce effectiveness and will contribute to the May be preceded by a descriptive word P art 903—D elegations of Authority accomplishment of the over-all military such as “air” or “submarine,” which in­ objectives. The Joint Chiefs of Staff dicates primary purpose. Part 945—Regulations Applicable to member of the Service having primary (h) “Close air support”: The attack the Operation of the Allocations and responsibility for a function shall be the by aircraft of hostile ground or naval Export Priorities System agent of the Joint Chiefs of Staff to pre­ targets which are so close to friendly Part 1001—Tin sent to that body the requirements for forces as to require detailed integration and plans for the employment of all of each air mission with the fire and P art 1138—Antimony forces to carry out the function. He shall movement of those forces. P art 3270-^lfcoNTAiNERS also be responsible for presenting to the (i) “Functions”: Responsibilities, Joint Chiefs of Staff for final decision missions and tasks. P art 3293—Cinchona B ark, Quinine and any disagreement within the field of his (j) “In coordination with”: In con­ Quinidine primary responsibility which" has not sultation with. This expression means P art 4600—Rubber, Synthetic Rubber been resolved. This shall not be con­ that agencies “coordinated with” shall and P roducts Thereof strued to prevent any member of the participate actively; their concurrence REDESIGNATION OF ORDERS Joint Chiefs of Staff from presenting shall be sought; and that if concurrence unilaterally any issue of disagreement is not obtained, the disputed matter shall Cross R eference: The following or­ with another Service. Certain specific be referred to the next higher authority ders, formerly issued by the Office of collateral functions of the Air Force are in which all participants have a voice. Materials Distribution, appear in this listed below: (k) “Joint”: As used in this paper, issue under Title 15, Chapter HI, Office (1) To interdict enemy sea power and generally among the Armed Forces, of Domestic Commerce, supra. Section through air operations. numbers of the documents as they have connotes activities, operations, organiza­ been codified in this chapter and their (2) To conduct anti-submarine war­ tions, etc., in which elements of more new designations^re listed below: fare and to protect shipping. than one Service of the National Mili­ (3) To conduct aerial minelaying op­ tary Establishment participate. OMD codifica­ ODC codi­ erations. (l) “Military”: A term used in its tion Document designation fication § 1.7 Glossary of terms and defini­ broadest sense meaning of or pertaining to war or the affairs of war, whether 603.0...... Materials Control Reg­ 329.1 tions. The usual and accepted defini­ ulation 1.' tions and interpretations of the English Army, Navy or Air Force. 945.1-645.20 Allocations Regulation 336.1-336.20 (m) “Naval campaign”: An opera­ 1. language, as contained in Webster’s New 645.40...... Allocations Regulation 336.40 International Dictionary (Unabridged)^ tion or a connected series of operations 2. conducted essentially by naval forces in­ Direction 1. are applicable to this document, except Direction 2. that for purposes of clarity and to insure cluding all surface, sub-surface, air am­ Direction 4. phibious, and Marines, for the purpose 945.45...... Allocations Regulation 336.45 a common understanding of its intent, 3. certain words and phrases are defined of gaining, extending, or maintaining 1001.1...... M -43...... 338.1 1138.1...... M-112...... :...... 338.10 specifically as follows: control of the sea. 3270.31...... M-81...... 338.5 (a) “Air defense”: All measures de­ (n) “Operation”: A military action, Direction 10. 3293.131 ...... M-131...... 338.15 signed to nullify or reduce the effective­ or the carrying out of a military mission, 4600.01-4600.16__ R-1 ___ 338.50 ness of the attack of hostile aircraft or strategic, tactical, service, training, or guided missiles after they are airborne. administrative; the process of carrying (b) “Air superiority”: That degree on combat on land, on sea, or in the air, of capability (preponderance in morale including movement, supply, attack, de­ [OMD Reg. 1, CPA Reg. 3; Revocation] and material) of one air force over fense, and maneuvers needed to gain the another which permits the conduct of objectives of any battle or campaign. P art 903—D elegations of Authority air operations by the former at a given (o) “Strategic air operations”: Air Section 903.02 Office of Materials Dis­ time and place without prohibitive inter­ operations contributing to the conduct tribution Regulation 1 and CPA Regula­ ference by the opposing air force. of strategic air warfare. tion 3 are hereby revoked. Their provi­ (c) “Air supremacy”: That degree of (p) “Strategic air warfare.” Air com­ sions are being incorporated into Alloca­ air superiority wherein the opposing bat and supporting operations designed tions Regulation 1 (Title 15, Chapter IH, air force is incapable of effective inter­ to effect, through the systematic appli­ supra) of the Office of Domestic Com­ ference. cation of force to a selected series of merce, Department of Commerce, with (d) “Amphibious operation”: An at­ vital targets, the progressive destruc­ § 334.19 covering ODC official signatures tack launched from the sea by naval and tion and disintegration of the enemy’s and § 334.20 covering official interpreta­ landing forces embarked in ships or craft war-making capacity to a point where he tions. involving a landing on a hostile shore. no longer retains the ability or the will Issued this 7th day of May 1948. An amphibious operation includes final to wage war. Vital targets may include preparation of the objective area for the key manufacturing systems, sources of H. B. McCoy, landing and operations of naval, air and raw material, critical material, stock Director, ground elements in over water move­ piles, power systems, transportation sys­ Office of Materials Distribution. ments, assault, and mutual support. An tems, communications facilities, concen­ [F. R. Doc. 48-4262; Filed, May 7, 1948; amphibious operation may precede a trations of uncommitted elements of 4:55 p. m.] Tuesday, M ay 11, 1948 FEDERAL REGISTER 2541

TITLE 39— POSTAL SERVICE (1) Table of rates. F o r e ig n S e r v ic e A l l o w a n c e R a t e s — Con. [Rates include transit charges] o f f ic e r s —continued Chapter I— Post Office Department Pounds : Rate Pounds: Rate Clast V I Pari 16—R egistry System: Insurance 1______... $0. 51 7...... $1.49 2______.65 8______1.77 Station AND COLLECT-ON-DELIVERY SYSTEM S 3______. 93 9______1.91 Travel DECLARATION OP FULL VALUE OF REGISTERED 4_r______1.07 10______2.05 Subsist­ 5______1.21 11...... 2. 19 ence Quarters Total MAIL 6______1.35 In § 16.7 Receipt to be given at. time The footnotes to the table of rates are $3.7« $0.75 $4.50 $7.25 matter is accepted, make the following not changed. change: Amend paragraph (b) to read as fol­ (R. S. 161, 396, 398, secs. 304, 309, 42 Stat. Burma (except Rangoon). lows: |j 24, 25, 48 Stat. 943; 5 U. S. C. 22, 369, 372) ' Class VII (b) (1) The full value of all registered [seal] V. C. Burke, mail or insured mail treated as registered Acting Postmaster General. $3.7« $1.00 $4.75 $8.00 mail shall be declared by the mailer at [P. R. Doc. 48-4181; Piled, May 10, 1948; the time of mailing unless otherwise pre­ 8:53 a. m.] Portugal. scribed by the Postmaster General, and Class VIII any claim for indemnity in any amount involving such mail, when the full value TITLE 42— PUBLIC HEALTH $3.75 $1.50 $5.25 $8.00 knowingly and willfully was not stated at Chapter I—-Public Health Service, the time of mailing, shall be invalid. Ceylon. Turkey. (2) The following standards are fur­ Federal Security Agency Egypt (except Cairo). Philippine Islands. Paris and Orly Field, Mexico City. nished as a guide in determining the Part 21—Commissioned Officers France. London. values to be declared on representative India. Pakistan (except Karachi). types of matter presented for registra­ SUBPART Q— -FOREIGN SERVICE ALLOWANCES French Indo-China. Siam. tion: Effective May 1, 1948, Appendix A (13 Class IX (i) Nonnegotiable securities, or valu­P. R. 1881) is revised to read as follows: able papers which can be duplicated— $3.75 $2.00 $5.75 $9.00 the known or estimated cost of duplica­ F oreign Service Allowance R ates tion, including the cost of an indemnity officers bond, if required. If the cost of dupli­ Switzerland. Bogota, Colombia. cation of nonnegotiable securities can­ Station Class X not be determined readily, it may be Travel stated as six per cent of the market Subsist- $3. 75 $3.00 $6.76 $10.00 value. enee Quarters Total (ii> Certificates of stock, regardless of Cairo, Egypt.- the manner in which they are indorsed Classi Class X I (at present being considered as non­ negotiable securities which can be dupli­ None None None $7.00 cated)—the known or estimated cost of $3.75 $4.00 $7.75 $11.00 duplication, including the cost of an in­ N ote: The above allowances are applicable to all demnity bond, if required. countries and places outside the continental United Bulgaria. .. Netherlands, East Indies. States not otherwise listed herein. (iii) , Checks, drafts, and other written Class X II or printed matter having no intrinsic Class 11 value—the known or estimated cost of $4.50 $1.50 $6.00 $9.00 duplication, if any. $2.55 $2.50 $5.05 $8.00 (iv) Currency—the face value. Havana, Cuba.. Monrovia, Liberia. (v) Negotiable securities—the market Czechoslovakia. Colombia (except Bogota). Syria. value on the date of mailing. * Class III Class X III (vi) Internal revenue documentary stamps—the face value of the stamps. $2.55 $3.75 $6.30 $9.00 $5.26 $L 75 $7.00 $10.00 Internal revenue stamps, with the ex­ ception of documentary stamps, are re­ Hungary. Iraq. Palestine. garded as having no intrinsic value. Class IV Trans-Jordan. Rome, Italy. (vii) Jewelry—the full value. Class X IV $3.00 $0.75 $3.75 $7.00 (Sec. 3, 45 Stat. 469, secs. 1, 3, 47 Stat. $6.00 $1.50 $7.50 $10.00 339, 340; 39 U. S. C. 381a, 384a) Cuba (except Havana). Brazil (except Rio de Ja- Belgium. neiro, Sao Paulo and __ m_____ [seal] V. c. B urke, Gosta Rica. Recife). Republic of Lebanon. Turkey. Great Britain and North- Ecuador, Rangoon, Burma. Malayan Union. Acting Postmaster General. em Ireland (except Lon- Honduras, Singapore. Karachi, Pakistan. don). El Salvador. [P. R. Doc. 48-4182; Piled, May 10, 1948; Guatemala. Dominican Republio. Class X V 8:53 a. m.] Nicaragua. Surinam. Chile (except Punta Are- Bolivia. nas). Morocco. $7.50 $3.50 $11.00 . $15.00 Paraguay. Peru. Class V Union of Soviet Socialist Republics. Part 127—International P ostal Service: Class XVI- Postage R ates, Service Available, and $3.00 $1.00 $4.00 $7.00 Instructions for Mailing Afghanistan. Italy (except Rome). $6.00 $3.00 $9.00 $12.00 PARCEL POST RATES TO MADAGASCAR AND Algeria. Liberia (except Monro Alaska. via). DEPENDENCIES Argentina. Netherlands. Iceland. Rumania. Bermuda. Norway. Yugoslavia. In § 127.295 Madagascar and depend­ China. Recife, Brazil. Class XVII Denmark. Spain. encies, (13 F. R. 1004), make the follow­ Ethipoia. Sweden. ing change: Finland. Tunisia. None $1.75 $1.76 $7.00 France (except Paris and rieste (free city of). Amend paragraph (b) (1) to read as Orly Field). hion of South Africa. follows: Irish Free State. Uruguay.T Australia. 2542 RULES AND REGULATIONS

F o r e ig n S e r v ic e A l l o w a n c e B a t e s —Con. lands for use of the War Department, as Subject to valid existing rights, the fol­ o f f ic e r s — c o n tin u e d a general bombing range, an air base, and lowing-described public land is hereby Special Classification for the construction of a sewage disposal withdrawn from all forms of appropria­ plant, respectively, are hereby modified tion under the public-land laws, includ­ ing the mining and mineral-leasing laws, Station so as to permit the use of the lands for Travel grazing purposes under the provisions of and reserved for the use of the Depart­ the act of June 28, 1934, 48 Stat. 1269, as ment of the Army for harbor improve­ Subsistence Quarters Total amended by the act of June 26, 1936, 49 ment purposes as authorized by the River Stat. 1976 (43 U. S. C. 315 et seq.) at and Harbor Act of March 2,1945 (59 Stat. $8.25 $3.76 * $12.00 $12.00 such times and in such manner as may be 10-21): agreed upon by the Secretary of the H u m b o l d t M e r id ia n Greece (personnel not in receipt of diplomatic exchange Army, the Secretary of the Air Force, and T. 16 N., R. 1 W. rate). the Secretary of the Interior. N ote: Greece (personnel in receipt of diplomatic Round Rock Island, an unsurveyed Island exchange rate, allowance prescribed in class I applicable). Mastin G. White, off the coast of California, containing ap­ Acting Assistant Secretary proximately 0.3 of an acre. $5.25 $3.76 $9.00 $9.00 of the Interior. This order shall take precedence over April 30, 1948. but not modify Executive Order No. 5326 Punta Arenas, Chile. of April 14, 1930 so far as that order [F. R. Doc. 48-4176; Filed, May 10, 1948; 8:52 a. m.] affects the above-described land. $6.75 $3.25 $10.00 $11.00 It is intended that the land described herein shall be returned to the adminis­ Poland (personnel not in receipt of diplomatic exchange tration "rff the Department of the In­ rate). [Public Land Order 474] terior when it is no longer needed for N ote: Poland (personnel in receipt of diplomatic ex­ the purpose for which it is reserved. change rate, allowances prescribed in Class I applicable). California Mastin G. White, WITHDRAWING PUBLIC LAND FOR USE OF $3.75 $3.25 $7.00 $7.00 Acting Assistant Secretary DEPARTMENT OF ARMY of the Interior. Bahrein Island, Persian Gulf. By virtue of the authority v*sted in the April 30, 1948. President and pursuant to Executive Or­ [F. R. Doc. 48-4177; Filed, May 10, 1948; $3.75 $4. 75 $8.50 $8.50 der No. 9337 of April 24, 1943, it is or­ dered as follows: 8:52 a. m.] Bio de Janeiro, Brazil. Sao Paulo, Brazil.

$6.75 $5.25 $12.00 $15.00 PROPOSED RULE MAKING Venezuela. Dated: April 28, 1948. States Department of Agriculture, Wash­ [seal] Leonard A. S cheele, DEPARTMENT OF AGRICULTURE ington 25, D. C., not later than the close Surgeon General. Production and Marketing of business on the 15th day after the publication of this notice in the Federal Approved: May 6, 1948. Administration R egister. Oscar R. Ewing, 17 CFR, Part 561 The proposals are: Federal Security Administrator. 1. »elete the heading of §56.101 and D ressed P oultry and D ressed Domestic [F. R. Doc. 48-4195; Filed, May 10, 1948; substitute therefor the following: “In­ 8:48 a. m.] R abbits and Edible Products Thereof structions on sanitary requirements and NOTICE OF PROPOSED RULE MAKING WITH requirements for equipment and facili­ RESPECT TO INSPECTION AND CERTIFICA­ ties governing plants operating as official TITLE 43— PUBLIC LANDS: TION FOR CONDITION AND WHOLESOME- plants processing and packaging dressed INTERIOR NESS poultry and dressed domestic rabbits and Notice is hereby given that the Assist­ edible products thereof ” Chapter I— Bureau ctf Land Manage­ ant Administrator, Production and Mar­ 2. Delete paragraphs (c) to (i), inclu­ ment, Department of the Interior keting Administration, is considering sive, of § 56.101 (12 F. R. 3802) and sub­ Appendix— Public Land Orders the amendment, as hereinafter pro­ stitute therefor the following: [Public Land Order 473] posed, of the Instruction on sanitary (c) Dravnngs and specifications to be requirements and requirements for furnished in advance of construction. New Mexico equipment and facilities governing plants (1) Copies of drawings, consisting of MODIFICATION OF EXECUTIVE ORDER 9 0 2 9 OF operating as official plants processing floor plans of space to be included in the JANUARY 2 0 , .1 9 4 2 , AS AMENDED, PUBLIC and packaging dressed poultry and edible official plant showing the location of such LAND ORDER 7 OF JU N E 2 9 , 1 9 4 2 , AS products thereof (12 F. R. 3802), pursu­ features as the principal pieces of equip­ AMENDED, AND PUBLIC LAND ORDER 1 7 3 OF ant to the revised rules and regulations ment, floor drains, and the routes of SEPTEMBER 27, 1943, WITHDRAWING PUB­ governing the inspection and certifica­ edible and inedible products to and from LIC LANDS FOR USE OF WAR DEPARTMENT tion of dressed poultry a*id dressed do­ the eviscerating department, shg.ll ba mestic rabbits and edible products submitted to the regional supervisor be­ By virtue of the authority vested in thereof for condition and wholesomeness fore an application for inspection is ap­ the President, and pursuant to Executive (7 CFR and Supps. 56.1 et seq.; 13 F. R. proved. Order No. 9337 of April 24,1943, and sec­ 1). Not all of the paragraphs and sub- (2) The drawings should be prepared tion 1 of the act of June 28, 1934, as paragraphs are being changed, but para­ to scale, preferably % inch a foot, aqd amended, 48 Stat. 1269 (43 U. S. C. 315), graphs (c) to (i), inclusive, are being should show toilet and dressing rooms, it is ordered as follows: published in the proposed amended form, store rooms, inspector’s office, inedible (1) Executive Order No. 9029 of Janu­ in their entirety, for the purpose of product departments, rooms where edible ary 20, 1942, as amended by Executive clarification. products will be handled or kept, and any Order 9526 of February 28, 1945, and All persons who desire to submit writ­ other rooms or compartments which will by Public Land Order No. 358 of March ten data, views, or arguments for con­ be included in the official plant. If rooms 17, 1947, (2) Public Land Order No. 7 sideration in connection with the pro­ of June 29, 1942, as amended by Execu­ or compartments shown on the drawings tive Order 9526 of February 28,1945, and posed instructions shall file the same in are not to be included as a part of the (3) Public Land Order No. 173 of Sep­ quadruplicate with the Hearing Clerk, official plant, this shall be clearly indi­ tember 27, 1943, withdrawing public Room 1844, South Building, United cated thereon. Approval of the drawings Tuesday, M ay l l y 1948 FEDERAL’ REGISTER 2543 should be obtained from the regional odors from dressing and toilet rooms, ous material. Trucks and receptacles supervisor in advance of construction or catchbasins, inedible tank and fertilizer used for inedible products shall be of remodeling. rooms, and from any rooms or places similar construction and shall bear some (3) Specifications covering the height in the vicinity of the official plant. conspicuous and distinctive mark, and of the ceilings, character of the floors, (6) Every practicable precaution shall shall not be used for handling edible walls and ceilings, lighting and such be taken to exclude flies, rats, mice, and products. other notations as the regional super­ other vermin from official plants. The' (2) Equipment and utensils used in an visor may require shall accompany the use of poisons for any purpose in rooms official plant may not be used outside the drawings. or compartments where unpacked prod­ official plant, excepting under such con­ (d) Final survey. Prior to the inaugu­ uct is stored or handled is forbidden ditions as may be prescribed or approved ration of inspection, a final survey of the except under such restrictions and pre­ by the national supervisor. plant and premises shall be made-by the cautions as the national supervisor may (3) Tables, and other equipment on regional supervisor, of his assistant, to prescribe. The use of bait poisons in which inspection is performed, shall be determine if the building has been con­ inedible compartments, outbuildings, or of such design, material and construc­ structed and facilities have been installed similar places, or in storerooms contain­ tion as to enable inspectors to conduct in accordance with the approved draw- ing canned or tierced products is not for­ their inspection in a ready, efficient and • ings and with the sanitary requirements bidden but only those approved by the Cleanly manner. contained in the instructions in this sec­ national supervisor may be used. So- (i) Official plants shall provide water­ tion. Sanitary requirements not specifi­ called rat viruses shall not be used in tight trucks or receptables for holding cally covered by the instructions in this any part of an official plant or the prem­ and handling diseased carcasses and section shall be left to the national super­ ises thereof. Equipment or substances parts, so constructed as to be readily visor or his assistant. which generate gases or odors shall not cleaned; such trucks or receptacles to (e) Separation of official plants from be used except as specifically permitted be marked in a conspicuous manner with other plants. No connecting doorways, by the national supervisor. the words “U. S. condemned” in letters windows, stairways, elevators, or pas­ (7) Dogs and cats shall be excluded not less than 2 inches high and, when sageways^ shall be permitted between an from official plants. required by the regional supervisor, to official plant and any other plant or other (g) Facilities and accommodations. be equipped with facilities for locking or part of a building where eviscerated or The following minimum sanitary facili­ sealing. partially eviscerated poultry or domestic ties and accommodations shall be fur­ (5) Official plants shall provide suit­ rabbit’s, or products thereof are handled nished by every official plant: ' able lockers in which brands and stamps or kept unless otherwise provided or ap­ (1) Dressing rooms, toilet rooms, and bearing the inspection legend' shall be proved by the national supervisor. urinals shall be sufficient in number, kept when not in use.„ All such lockers (f) Sanitary requirements. Each of­ ample in size, and conveniently located. shall be equipped with locks, the keys of ficial plant shall be maintained in sani­ They shall be properly ventilated and which shall not leave the custody of the tary condition, and to this end the re­ meet all requirements as to sanitary con­ inspector in charge of the plant. quirements of subparagraphs (1) to (7), struction and equipment. They shall be inclusive, of this paragraph shall be met. separate from the rooms and compart­ 3. Delete the heading of paragraph (1) There shall be abundant light, ments in which products are prepared, (j) of § 56.101 and substitute therefor either natural or artificial, or both, of stored, or handled. the following: "Operations and pro­ good quality and well distributed, and (2) Modern lavatory accommodations, cedures in an official plant.” sufficient ventilation for all rooms and including running hot and cold water, (Pub. Law 266, 80th Cong., 1st Sess., ap­ compartments to insure sanitary condi­ soap and towels. These shall be placed proved July 30, 1947) tions. in or near toilet and urinal rooms and Issued at Washington, D. C., this 5th (2) There shall be an efficient drain­ also at such other places in the estab­ day of May 1948. age and plumbing system for the plant lishment 'as may be essential to assure and premises, and all drains and gutters cleanliness of all persons handling [seal] s . R. N ewell, shall be properly installed with approved product. Acting Assistant Administrator. traps and vents. (3) Toilet soil lines shall be separate [P. R. Doc. 48-4187; Piled, May 10, 1948; (3) The water supply shall be ample, from house drainage lines to a point out­ 8:54 a. m.] clean and potable, with adequate facili­ side the buildings; and drainage from ties for its distribution in the plant and toilet bowls and urinals shall not be dis­ its protection against contamination and charged into a grease catchbasin. pollution. Every official plant, shall make (4) Properly located facilities for 17 CFR, Part 982] known, and whenever required shall af­ cleansing and disinfecting utensils and ford opportunity for inspection of, the hands of all persons handling any prod­ [Docket AO-188] source of its water supply, the storage uct. Handling of P eaches Grown in North facilities, and the distribution system. ' (h) Inspector’s office. Furnished of­ and South Carolina (4) The/floors, walls, ceilings, parti­ fice room, including light, heat, and Jan­ tions, posts, doors and other parts of all itor service, shall be provided by official DECISION WITH RESPECT TO PROPOSED structures shall be of such materials, con­ plants, rent free, for the exclusive use MARKETING AGREEMENT AND ORDER struction and finish as will make them for official purposes of the inspector and Pursuant to the Agricultural Market- susceptible of being readily and other division employees assigned there­ ihg Agreement Act of 1937, as amended thoroughly cleaned. The floors shall be to. The room or rooms set apart for (7 U. S. C. 601 et seq.), and the rules of kept watertight. The rooms and com­ this purpose shall meet with the ap­ practice and procedure governing pro­ partments used for edible products shall proval of the regional supervisor and ceedings to formulate marketing agree­ be separate and distinct from those used shall be conveniently located, properly ments and orders, as amended (7 CFR for inedible products, and from rooms ventilated, and provided with lockers and Supps., 900.1 et seq.; 11 F. R.- 7737; where poultry is slaughtered and plucked, suitable for the protection and storage 12 F. R. 1159, 4904), a public hearing was or where rabbits are slaughtered and of supplies and with facilities suitable held in Spartanburg, South Carolina on skinned. However, passageways or eleva­ lor inspectors to change clothing. January 5-6, 1948, and at Rockingham, tors which are used for edible products (i) Equipment and utensils. (1) North Carolina on January 8-9, 1948, may also be used for the movement, in Equipment and utensils used for prepar­ pursuant to notice thereof published in suitable containers, of inedible products ing, processing, or otherwise handling the Federal R egister on December 20, from the official plant. When such in­ any product in an official plant shall be 1948 (12 F. R. 8681), upon a proposed edible products are taken from an in­ of such materials and construction as marketing agreement and proposed mar­ edible product department, they shall be will make them susceptible of being read­ keting order for regulating the handling removed from the official plant without ily and thoroughly cleaned and such as of peaches grown in North Carolina and delay. will insure strict cleanliness in the prep­ South Carolina. (5) The rooms and compartments in aration and handling of all products. So Upon the basis of the evidence intro­ which any edible product is prepared or far as is practicable, such equipment duced at the aforesaid hearing and the handled shall be free from dust and from shall be made of metal or other impervi­ record thereof, the Acting Assistant Ad- No. 92----- 6 2544 PROPOSED RULE MAKING ministrato!1, Production and Marketing Carolina production area. Upon the (a) “Secretary” means the Secretary Administration, on April 15, 1948, filed basis of evidence introduced at such of Agriculture of the United States or with the Hearing Clerk, United States hearing, and the record thereof, it is any other officer or member of the United Department of Agriculture, his recom­ found that: States Department of Agriculture who is mended decision in this proceeding. No­ (1) The terms and provisions of this or may hereafter be authorized to exer­ tice of such decision and opportunity to order prescribe, so far as practicable, cise the powers and to perform the duties file written exceptions thereto was p u b ­ such different terms, applicable to dif­ of the Secretary of Agriculture. lished in the Federal R egister on April ferent production areas, as are necessary (b) “Act” means Public Act No. 10,73d 20, 1948 (13 F. R. 2093). in order to give due recognition to the Congress, as amended and as reenacted No exceptions to the aforesaid recom­ difference in production and marketing and amended by the Agricultural Mar­ mended decision of the Acting Assistant of such peaches; keting Agreement Act of 1937, as amend­ Administrator of the Production and (2) This order is limited in its applica­ ed. (7 U. S. C. 601 et seq.) Marketing Administration have been tion to the smallest regional production (c) ^“Person” means an individual, filed. area that is practicable, consistently marketing agent, partnership, corpora­ The material issues and the findings with carrying out the declared policy tion, marketing agency, association, legal and conclusions of the aforesaid recom­ of the act, and the issuance of several representative, or any organized group or mended decision, as set forth in the Fed­ orders applicable to any subdivision of business unit of individuals. eral R egister (F. R. D oc. 48t3477-; 13 said production area specified herein (d) “Production area” means the F. R. 2093), are hereby approved and would not effectively carry out the de­ States of South Carolina and North Car­ adopted as the material issues and the clared policy of the act; and olina. #! • findings and conclusions of this decision (3) This order and all of the terms (e) “Peaches” means all varieties of as if set forth in full herein. and conditions of this order will tend to peaches grown within the production Marketing agreement and order. An­ effectuate the declared policy of the'act area. nexed hereto and made a part hereof are with respect to peaches produced in said (f) “Shipper” is synonymous with two documents entitled, respectively, production area, specified in this order, “handler” and means any person (except “Marketing Agreement Regulating the by establishing and maintaining such a common or contract carrier of peaches Handling of Peaches’ Grown in North orderly marketing conditions therefor owned by another person) who, as owner, and South Carolina” and “Order Regu­ as will tend to establish prices to the agent, or otherwise,, ships or handles lating the Handling of Peaches Grown producers thereof at’ a level that will give peaches in fresh form, or causes peaches in North and South Carolina” which have such peaches a purchasing power, with to be shipped or handled in fresh form, been decided upon as the appropriate respect to the articles that the producers by rail, truck, boat, or any means whatso­ and detailed means of effecting the fore­ thereof buy, equivalent to the purchas­ ever. going conclusions. The aforesaid mar­ ing power of such peaches in the base (g) “Ship” is synonymous with “han­ keting agreement and order shall not period, August 1919-July 1929, and by dle” and means to sell, transport, or in become effective unless and until the re­ protecting the interest of the consumer any other way to place peaches in the quirements of § 900.14 of the aforesaid by (1) approaching the level of prices current of interstate commêree from the rules of practice and procedure govern­ which it is declared in the act to be the production area to a point outside the ing proceedings to formulate marketing policy of Congress to establish by a grad­ production area. agreements and marketing orders have ual correction of the current level of (h) “Grower” means any person en­ been met. prices at as rapid a rate as the Secretary gaged in the production of peaches for It is hereby ordered, That all of this deems to be in the public interest and market and includes all persons having decision, except the attached agreement, feasible in view of the current consump­ share interest in such production. As be published in the F ederal R egister. tive demand in domestic and foreign used in § 982.6 (c), “grower” also means The regulatory provisions of the said markets, and (2) by authorizing no ac­ the purchaser of a crop of peaches on agreement are identical with those con­ tion which has for its purpose the main­ the trees. tained in the attached order, which will tenance of prices to producers of such (i) “Fiscal period” means the period be published with this decision. peaches above the level which it is de­ beginning on March 1 of each year and clared in the act to be the policy of Con­ ending on the last day of February of the Done at Washington, D. C., this 5th gress to establish, and (3) by establish­ following year. day of May 1948. ing and maintaining such minimum (j) “Grade” means any one of the [seal] N. È. D odd, standards of quality and such grading officially established grades of peaches as Acting Secretary of Agriculture. and inspection requirements for peaches defined and set forth in the U. S. Stand­ in interstate commerce as will effectuate ards for Peaches, issued by the United Order1 Regulating the Handling of such orderly marketing of such peaches States Department of. Agriculture April Peaches Grown nn North and South as will be in the public interest. 22, 1933, as reissued-(12 F. R. 3798), or Carolina (b) Additional findings. (Ï) The pur­ modifications thereof, or variations § 982.0 Findings and determinations— chasing power during the base period based thereon. (a) Findings upon the basis of the hear­ specified for peaches in the aforesaid act (k) “Size” means the diameter of ing record. Pursuant to Public Act No. cannot be satisfactorily determined from peaches as determined and set forth in 10, 73d Congress (May 12, 1933), as available statistics of the Department of the aforesaid U. S. Standards for Peaches, amended and as reenacted and amended Agriculture, but can be determined from or modifications thereof, or variations by the Agricultural Marketing Agree­ available statistics of such Department based thereon. ment Act of 1937, a^ amended (7 U. S. C. for the period, August 1919-July 1929, (l) “Maturity” means that stage of 601 et seq.), and the rules of practice and which is hereby proclaimed pursuant to growth in peaches defined and set forth procedure governing proceedings to for­ section 608e of said act. in the requirements for maturity speci­ mulate marketing agreements and mar­ Order relative to handling. It is here­ fied in the aforesaid U. S. Standards for keting orders (7 CFR Supps., 900.1 et by ordered, pursuant to the findings and Peaches or modifications thereof, or seq.; 11 F. R. 7737; 12 F. R. 1159, 4904), a determinations set forth in § 982.0 hereof variations based thereon. public hearing was held at Spartanburg, and pursuant to the aforesaid act, that (m) “District” means, describes, and South Carolina on January 5-6,1948, and such handling of peaches produced in refers to each of the divisions of the pro­ at Rockingham, North Carolina on the States of North Carolina and South duction area hereby established as fol­ January 8-9,1948, upon a proposed mar­ Carolina, as is in the current of inter­ lows: state commerce from the production (1) “Ridge District,” which shall in- keting agreement and a proposed mar­ area to a point or points outside thereof, j elude the Counties of Edgefield, Saluda, keting order regulating the handling of shall, from, and after the time herein­ Aiken, Lexington, Barnwell, Orangeburg, peaches grown in the North and South after, specified, be in conformity to and Calhoun, Allendale, Bamberg, Hampton, in compliance with the terms and con­ Colleton, Dorchester, Berkeley, Jasper, 1 This order shall not become effective un­ ditions of this order. Beaufort, and Charlestofl in South Caro­ less and until the requirements of § 900.14 of the rules of practice and procedure governing § 982.1 Definitions. As used here­ lina. proceedings to formulate marketing agree­ in, the following terms have the following (2) “Sand Hills,«. C. District,” which ments and marketing orders have been met. meanings : shall include the Counties of Richland, Tuesday, M ay 11, 1948 FEDERAL REGISTER 2545 Kershaw, Chesterfield, Marlboro, Sum­ cast for each such person, and the chair­ (j) Compensation. Members of the ter, Lee, Darlington, Clarendon, Florence, man or the secretary of the meeting shall Committee, and alternate members when Dillon, Williamsburg, Marion, George­ forthwith transmit such information to acting for members or when designated town, and Horry in South Carolina. the Secretary. At each such meeting, at by the Committee to attend, may receive (3) “Sand Hills N. C. District,” which least one nominee shall be elected for compensation in an amount not in excess shall include those counties in North each member and at least one nominee of five dollars ($5.00) per day for attend­ Carolina east of a line drawn along the shall be elected for each alternate mem­ ance at each meeting of the Committee, western borders of Rockingham, Guil­ ber of the Committee to be selected to or at each consultation or conference ford, Randolph, Montgomery, and Anson represent the respective district in ac­ with any other committee, or represent­ Counties. cordance with § 982.2 (b) hereof. Each ative thereof, established under a mar­ (4) “Piedmont S. C. District”, which grower shall be entitled to cast only one keting agreement and order program shall include the Counties of Oconee, vote on behalf of himsélf, his agents, with respect to the handling of peaches, Pickens, Anderson, Greenville, Abbeville, affiliates, subsidiaries, and representa­ oi^while attending to such business as Laurens, Spartanburg, McCormick, tives for each position on the Committee may be authorized by the Committee. In Greenwood, Jiewberry, Union, Cherokee, for which such voter is eligible to partici­ addition to said per diem, the members Fairfield, Chester, York, and Lancaster pate in electing nominees at the meeting. of the Committee, and alternates when in South Carolina. (3) The Committee may prescribe, acting for members, or when designated (5) “Piedmont N. C. District”, which with the approval of the Secretary, addi­ by the Committee to attend, may be re­ shall include those counties in North tional rules and regulations, not incon­ imbursed for all expenses necessarily in­ Carolina west of a line drawn along the sistent with the provisions hereof, rela­ curred in attending such conference or western borders of Rockingham, Guil­ tive to the election of nominees for mem­ consultation, or while attending to such ford, Randolph, Montgomery and Anson bers of the Committee, including provi­ Committee business. Counties. sion for such election by mail if, where, (k) Powers. The Committee shall § 982.2 Administration — (a) Estab­ and whenever deemed advisable. have the following powers: lishment of Growers’ Administrative (4) The Secretary may select the (l) To administer, as herein specifi­ Committee. A Growers’ Administrative.' members of the Committee and their cally provided, the terms and provisions Committee (hereinafter called the “Com­ respective alternates, subsequent to the hereof; mittee”) consisting of fourteen members initial members, from nominations made (2) To make, in accordance with the is hereby established to administer the by growers, as aforesaid, or from among provisions herein contained, administra­ terms and provisions hereof. There other growers. tive rules and regulations; shall be an alternate member for each (e) Eligibility for membership. Each (3) To receive, investigate, and report member df^the Committee, and all pro­ person nominated or selected to serve as to the Secretary complaints of violation visions hereof with respect to members a member of the Committee shall be an hereof; and of the Committee shall likewise apply to individual grower of peaches in the re­ (4) To recommend to the Secretary such alternate members unless other­ spective district from which he was amendments hereto. wise stated. nominated or selected, or an officer, em­ (1) Duties. The Committee shall have (b) Representation on Committee. ployee, or agent of a grower in such the following duties: Members of the Committee shall be se­ district. (1) To act as intermediary between lected from among the respective grow­ (f) Vacancies. In the event nomina­ the Secretary and any grower or han­ ers on the following basis: Four members tions for membership on the Committee dler; in the Piedmont S. C. District; two mem­ are not submitted to the Secretary, pur­ (2) (i) To keep minute books and bers in the Piedmont N. C. District; four suant to the provisions of this section, by records which will clearly reflect all of members in the Sand Hills N. C. District; February 15 of the respective fiscal its acts and transactions, and such min­ two members in the Sand Hill$ S. C. Dis­ period, the Secretary may select such ute books and records shall at all times trict; and two members in the Ridge members without waiting for nominees be subject to examination by the Secre­ District. to be so submitted. To fill any vacancy tary; (ii) to maintain books of account (c) Selection of initial members. The occasioned by the failure of any person, and to cause such books to be audited by initial members of the Committee shall be selected as a member of the Committee, one or more competent accountants at selected by the Secretary as soon as rea­ to qualify, or in the event of the death, least once each fiscal period, and at such sonably possible after the effective date removal, resignation, or disqualification other times as it deems necessary, or as hereof. Each of the initial members of any qualified member, a successor for the Secretary may request, and to file shall serve for a term ending on Febru­ his unexpired term may be selected by with the Secretary a copy of each such ary 28, 1949, or until his successor has the Secretary. audit report; (iii) to prepare from time been selected and has qualified. (g) Qualification. Each person se­ to time statements of the financial oper­ (d) Selection of succeeding members. lected as a member of the Committee ations of the Committee and to make (1) Prior to December 31 of each year, shall promptly qualify by filing with the such statements, together with the min­ the Committee shall make arrangements Secretary, within fifteen (15) days of utes of the meetings of the Committee, for a meeting of growers in each district notification thereof, a written acceptance available at the office of the Committee for the purpose of electing nominees of appointment. for inspection by any grower or handler; from among whom the Secretary may (h) Alternate members. Each alter­ and (iv) to submit to the Secretary, prior select members of the Committee. The nate member of the Committee shall to May 1 of each fiscal period, a budget of Committee shall give adequate notice of have the same qualifications and shall its expenses and a proposed rate of as­ each such meeting to growers eligible to be selected in the same manner as the sessment for the then current fiscal participate at the respective meetings. respective member for whom such indi­ period. In the event the Committee fails to ar­ vidual is to serve as alternate. The alter­ (3) To furnish the Secretary such range for such meetings by the date spec­ nate for a member of the Committee available information as he may request; ified herein, the Secretary may make shall, in the event of the respective mem­ (4) - To consult with any other com­ arrangements for the meetings, or he ber’s absence, act in the place of said mittee, established under any marketing may select successor members of the member; and, in the event of such mem­ agreement or order program pursuant to Committee without recourse to nomina­ ber’s removal, resignation, disqualifica­ the act, with respect to the handling of tions. tion, or death, the alternate for said peaches grown in any State or region (2) At each election meeting held to member shall, until a successor for the outside of the area; unexpired term of said member has been (5) To select a chairman of the Com­ nominate members of the Committee, selected and has qualified, act in the mittee and such other officers and em­ the growers eligible to participate therein place of said member. ployees as it may deem advisable; shall select a chairman and a secretary (i) Term of office. The term of office (6) To redefine the districts, or therefor. The chairman of each meet­ of succeeding members of the Committee change the representation on the Com­ ing shall announce at such meeting the shall be the fiscal period for which they mittee from any district, all of which name of each person for whom a vote has have been selected and have qualified, shall be subject to the provisions of par­ been cast, whether as member or alter­ and until their respective successors shall agraph (m) of this section and to the nate member, and the number of votes have been selected and have qualified. approval of th&Secretary; 2546 PROPOSED RULE MAKING (7) To determine the marketing policy shipped more peaches from the produc­ handler next eligible in conformity with to be followed during the ensuing season tion area than were shipped separately subparagraph (2) of this paragraph. and to submit a report of such policy to by any other handler during the same (6) The members of the Council may the Secretary, as required by § 982.4 (a), period. Three of the remaining six receive per diem compensation and ex­ prior to making any recommendation for members of the Council shall be com­ penses on the same basis as Committee the regulation of shipments pursuant to posed of the three handlers (exclusive of members (as provided in paragraph (j) §§ 982.5 or 982.6; the three handlers mentioned above) of this section) for attendance at each (8) To give to the Distributors’ Advis­ who separately shipped the largest vol­ meeting of the Council or Committee, or ory Council and to the Secretary the ume of peaches from South Carolina, at each consultation or conference with same notice of meetings of the Commit­ during the marketing season immedi­ any other committee, or representatives tee as is given to the members thereof; ately preceding their term of office. The thereof, established under a marketing (9) To supervise the regulation of three remaining handlers on the Council agreement and order program with re­ shipments pursuant hereto; shall be the three handlers (exclusive of spect to the handling of peaches, or while (10) To investigate, from time to time, the three handlers first mentioned in this attending to Council or Committee busi­ and to assemble data on the growing, paragraph) who separately shipped the ness : Provided, That such meeting, con­ harvesting, shipping, and marketing con­ largest volume of peaches from North sultation, conference, or business has ditions with respect to peaches, and to Carolina during the marketing season been authorized by the Committee. engage in such research and service ac-\ immediately preceding their term of 1 982.3 Expenses and assessments— tivities in connection with the handling v office. In the event a handler is eligible (a) Expenses. The Committee is author­ of peaches as may be approved, from for designation as one of the six members ized to incur such expenses as the Secre­ time to time, by the Secretary. of the Council last above referred to, on tary finds may be necessary to perform (m) Procedure. (1) The Committee the basis of the volume of peaches its functions hereunder during each fis­ may, upon the selection and qualification shipped from either State, such handler cal period and for such other purposes of a majority of its members, organize shall be designated from the State from as the Secretary may determine to be and commence to function. A quorum which he shipped the larger volume. appropriate pursuant to the provisions shall consist of nine members: Provided, (3) Any handler, except one who is a hereunder. The funds to cover such ex­ That at least two shall be from the Pied­ member or alternate member of the penses shall be acquired by the levying of mont, S. C. District, at least two shall be Committee, shall be eligible for member­ assessments, as herein provided, upon from the Sand Hills, N. C. District, and ship on the Council. In the event a han­ handlers. at least one each shall be from each of dler other than an individual is eligible (b) Assessments. (1) Each handler the other three districts. For any regu­ to serve as a member, such handler shall who first ships peaches shall pay to the latory decision of the Committee to be file with the Committee, at the time it Committee, upon demand, such han­ valid, or to carry out the duties specified qualifies, a designation of the individual dler’s pro rata share of the expenses in subparagraph (6) of paragraph (1) of who will represent it on the Council. which the Secretary finds will be in­ this section, not less than eight concur­ (4) Initial members of the Council curred by the Committee, as aforesaid; ring votes shall be necessary:* Provided, shall be announced by the Committee as Provided, That no assessment shall be That the said number of concurring soon as reasonably possible after the ef­ paid for any shipment of peaches which votes shall be distributed among the re­ fective date hereof. Within fifteen days is exempted from the provisions hereof spective districts in the same minimum of such date, each handler who desires to pursuant to § 982.9 herein. Such han­ numbers as required herein for a quorum. serve on the Council shall file an affidavit dler’s pro rata share of such expenses The requirements with respect to a quo­ with the Committee stating the volume shall be equal to the ratio between the rum of the Committee and the number of peaches which he shipped from the re­ total assessable quantity of peaches of concurring votes to make a decision of spective States of the production area to shipped by such handler during the ap­ the Committee valid may be changed by points outside the production area in the plicable fiscal period, and the total as­ the Committee with the approval of the season of 1947. A handler other than an sessable quantity of peaches shipped by Secretary. individual shall Georgia, or to such other address as the able, to assist the said referendum agents release or extinguish any violation hereof said Mr. Young shall furnish or an­ in performing their duties hereunder. or of any regulation issued hereunder, nounce, and must be postmarked not Each such county agricultural agent and or (c) affect or impair any right or later than 12 :00 o’clock midnight of the other person so appointed shall serve remedy of the United States, or of the last day of the referendum period. without compensation and may be au­ Secretary, or of any other person with (3) By giving public notice (i) by utiliz­ thorized, by the said referendum agents respect to any violation. ing available agencies of public informa­ or any of them, to perform any or all tion (without advertising expense), in­ of the functions set forth tn paragraphs [P. R. Doc. 48-4193; Filed, May 10, 1948; cluding both press and radio facilities (a) (5), (6), (7), and (8) hereof (which, 8:47 a. m.J in North and South Carolina; (ii) by in the absencç of such appointment of mailing a notice thereof (including a subagents, shall ^be performed by said copy of the appropriate ballot form) to referendum agents) in accordance with 17 CFR, Part 982] each such cooperative association and to the requirements herein set forth. each producer whose name and address is (b) Upon receipt by D. K. Young of all Handling op Peaches Grown in North known; and (iii) by such other means as ballots cast in accordance with the provi­ and S outh Carolina said referendum agents or any of them sions hereof, and such other information deem advisable. and data as may be required pursuant ORDER DIRECTING THAT REFERENDUM BE CON­ (4) By conducting meetings of pro­ hereto, he shall forward the ballots, to­ DUCTED AMONG PRODUCERS AND DESIGNA­ ducers and arranging for balloting at the gether with the information and data, to TION OF AGENTS TO CONDUCT SUCH REF­ meeting places, if said referendum the Fruit and Vegetable Branch, Produc­ ERENDUM; DETERMINATION OF REPRESENT­ agents or any of them determines that tion and Marketing Administration,- ATIVE PERIOD voting shall be at meetings. At each such United States Department of Agriculture, Pursuant to the applicable provisions meeting, balloting shall continue until Washington 25, D. C. The Fruit and of the Agricultural Marketing Agreement all of the producers who are present, and Vegetable Branch shall canvass the bal­ Act of 1937, as amended (7 U. S. C. 601 who desire to do so, have had an oppor­ lots anc| prepare and submit to the Sec­ et seq.), it is hereby directed that a refer­ tunity to vote. Any producer may cast retary a detailed report covering the re­ endum be conducted among the pro-'' his ballot at any such meeting in lieu of sults of the referendum, the manner in ducers, who during the period beginning voting by mail. which the referendum was conducted, the March 1, 1947 and ending February 29, (5) By giving ballots to producers at extent and kind of public notice given, 1948 (which is hereby determined to be the meetings; and receiving any ballots and all other information pertinent to a representative period) have been en­ when they are cast. the full analysis of the referendum-and gaged in the production of peaches for (б) By securing the name and address its results. market in the North and South Carolina of each person casting a ballot, and in­ (c) Each referendum agent and ap­ production area,.to determine whether a quiring into the eligibility of such person pointee pursuant hereto shall not refuse majority of such producers favor the to vote in the referendum. to accept a ballot submitted or cast; but issuance of a marketing order regulating (7) By giving public notice of the time should they, or any of them, deem that the handling of peaches grown in the and place of any meetings authorized a ballot should be challenged for any aforesaid production area, a copy of hereunder by posting a notice thereof, at reason, or if such ballot is challenged by which is attached to the decision1 of the least two days in advance of each such any other person, said agent or appointee Acting Secretary of Agriculture filed meeting, at each such meeting place, and shall endorse above his signature, on the simultaneously herewith; and D. M. back of said ballot, a statement that such Rubel, D. K. Young, and R. E. Heffer- in two or more public places within the applicable area; and, so*far as may be ballot was challenged, by whom chal­ nan, in the Fruit and Vegetable Branch, lenged, and the reasons therefor; and the Production and Marketing Administra­ practicable, by giving additional notice number of such challenged ballots shall tion, United States Department of Agri­ in the manner prescribed in paragraph be stated when they are forwarded as culture, are hereby designated as- agents (a) (3) hereof. provided herein.^ of the Secretary of Agriculture to per­ (8) By forwarding to D. K. Young, (d) All ballots shall be treated as con­ form, jointly or severally, the following Chief, Southeastern Marketing Field fidential. Office, Fruit and Vegetable Branch, 449 The Director of the Fruit and Vege­ 1See F. R. Doc. 48-4193, supra. West Peachtree Street, Atlanta 3, Geor­ table Branch, Production and Marketing 2550 ) PROPOSED RULE MAKING Administration, United States Depart­ Copies ,of the aforesaid marketing Ballots to be cast in the referendum ment oi Agriculture, is hereby author­ agreement and order may be examined may be obtained from any referendum ized to prescribe additional instructions, in the Office of the Hearing Clerk, United agent, and any appointee hereunder, not inconsistent with the provisions here­ States Department of Agriculture, Wash­ Done at Washington, D. C., this 5th ington 25, D. C., and at the Southeastern day of May 1948. of, to govern the procedure to be fol­ Marketing Field Office, Fruit and Vege­ lowed by the said referendum agents and table Branch, Production and Marketing [seal] N. B. D odd, appointees in conducting said referen­ Administration, United States Depart­ Acting Secretary of Agriculture. dum, and to determine the period during ment of Agriculture, 449 West Peachtree [F. R. Doc. 48-4192; Filed, May 10, 1948; which such referendum is to be held. Street, Atlanta, Georgia. 8:46 a. m.]

NOTICES

DEPARTMENT OF THE INTERIOR At 10:00 a. m. on June 30, 1948, the and those having equitable claims, shall lands shall, subject to valid existing accompany their applications by duly Bureau of Land Management rights and the provisions of existing corroborated affidavits in support there­ withdrawals, become subject to applica­ of, setting forth in detail all facts rele­ C a l i f o r n ia tion, petition, location, or selection as vant to their claims. NOTICE FOR FILING OBJECTIONS TO PUBLIC follows: Applications for these lands, which LAND ORDER 4 7 4 ,1 WITHDRAWING PUBLIC (a) Ninety-day period for preference- shall be filed in the District Land Office, right filings. For a period of 90 days Anchorage, Alaska, shall be acted upon LAND FOR USE OF REPARTMENT OF ARMY from June 30, 1948, to September 29, in accordance with the regulations con­ For a period of 30 days from the date 1948, inclusive, the public lands affected tained in § 295.8 of Title 43 of the Code of publication of the above entitled order, by this order shall be subject to (1) ap­ of Federal Regulations (Circular No. 324, persons having cause to object to the plication under the homestead laws, or May 22, 1914, 43 L. D. 254), to the extent terms thereof may present their ob­ the small tract act of June 1, 1938 (52 that such regulations are applicable. Ap­ jections to the Secretary of the Interior, Stat. 609, 43 U. S. C. 682a), as amended, plications under the homestead laws shall Such objections should be in writing, by qualified veterans of'World War II, be governed by the regulations contained should be addressed to the Secretary of for whose service recognition is granted in Parts 65 and 66 of Title 43 of the Code the Interior, and should be filed in dupli­ by the act of September 27,1944 (58 Stat. of Federal Regulations and applications cate in the Department of the Interior, 747, 43 U. S. C. Sup. 279-283), subject to under the small tract act of June 1,1938; Washington 25, D. C. In case any objec­ the requirements of applicable law, and • shall be governed by the regulations con­ tion is filed afid the nature of the opposi­ (2) application under any applicable tained in Part'257 of that title. tion is such as to warrant it, a public public-land law, based on prior existing Inquiries concerning these lands shall hearing will be held at a convenient valid settlement rights and preference be addressed to the District Land Office, time and place, which will be announced, rights conferred by existing laws or equi­ Anchorage, Alaska. where opponents to the order may state table claims subject to allowance and The lands affected by this order are their views and where the proponents of confirmation. Applications by such vet­ described as follows: the order can explain its purpose, intent, erans shall be subject to claims of the T e r r it o r y o f Al a s k a and extent. Should any objection be classes described in subdivision (2) . A tract of land on the right bank of the filed, whether or not a hearing is held, (b) Twenty-day advance period for Naknek River, identified as U. S. Survey No. notice of the determination by the Secre­ simultaneous preference-right filings. 2356, containing approximately 11 acres tary as to whether the order should be For a period of 20 days from June 11, (soldiers’ additional homestead application rescinded, modified or let stand will be 1948, to June 30, 1948, inclusive, such of A. R. Davey, Anchorage 08739). given to all interested parties of record veterans and persons claiming prefer­ A tract of land on the left bank of the and the general public. ence rights superior to those of such Egegik River, identified as U. S. Survey No. veterans, may present their applications, 2366, containing approximately 30 acres M a s t i n G. W h i t e , and all such applications, together with (soldiers’ additional homestead application Acting, Assistant Secretary of the Alaska Packers Association, Anchorage of the Interior. those presented at 10:00 a. m. on June 08765). 30, 1948,shall be treated as simulta­ A tract of land on the west shore of Sel- A p r il 30, 1948. neously filed. dovia Bay, identified as U. S. Survey No. 2597, [F: R. Doc. 48^4178; Filed, May 10, 1948; (c) Date for non-preference-right fil­containing 8 acres (soldiers’ additional home­ 8:52 a. m.] ings authorized by the public-land laws. stead application of the Alaska Year Round Commencing at 10:00 a. m. on September Canneries Company, Anchorage 010155). 30,1948, any of the lands remaining un­ A tract of land on the south, shore of Hes- keth Island in Kachemak Bay, Latitude appropriated shall become subject to 151°31' N., Longitude 59°30’10" W., contain­ [Misc. 2090671] such application, petition, location, or ing approximately 5 acres (soldiers’ addi­ A l a s k a selection by the public generally as may tional homestead application of Charles be authorized by the public-land laws., Baker Abbott, Anchorage 010416). SHORE SPACE RESTORATION ORDER NO, 402 (d) Twenty-day advance period Jor A tract of land on Ekuk Point, N u s h a g a k A p r il 28, 1948. simultaneous non-preference-right fil­ Bay, identified as U. S. Survey No. 2713, con­ ings. taining approximately 30 acres (soldiers’ ad­ Pursuant to the provisions of the act Applications by the general public ditional homestead application of Libby, of June 5, 1920 (41 Stat. 1059, 48 U. S. C. may be presented during the 20-day McNeill and Libby, Anchorage 010955). 372), and in accordance with 43 CFR period from September 11, 1948, to Sep­ A tract of land on the right bank of the 4.275 (a) (56) (Departmental Order No. tember 30, 1948, inclusive, and all such Egegik River, identified as U. S. Survey No. 2325 of May 24, 1947, 12 F. R. 3566), it is aplications, together with those pre­ 2710, containing 8.82 acres (soldiers’ addi­ ordered as follows: sented at 10:00 a. m. on September 30, tional homestead application of Libby, Mc­ . The 80-rod shore space reserve created 1948, shall be treated as simultaneously Neill and Libby, Anchorage 010956). under the act of May 14, 1898 (30 Stat. filed. A tract of land at the mouth of Hales Creek 409), as amended by the act of March 3, Veterans shall accompany their appli­ on Kvichak Bay, identified as U. S. Survey 1903 (32 Stat. 1028, 48 U. S. C. 371), is No. 2712, containing approximately 35 acres hereby revoked as to the lands herein­ cations with certified copies of their cer­ (soldiers’ additional homestead application after described. tificates of discharge, or other, satisfac­ of Libby, McNeill and Libby, Anchorage tory evidence of their military or naval 010957). 1 See F. R. Doc. 48-4177, Title 43, Chapter I, service. Persons asserting preference A tract of land oh the west bank of Grave­ supra. rights, through settlement or otherwise, yard Creek near its confluence with Kvichak Tuesday, M ay 11, 1948 FEDERAL REGISTER 2551 Bay, identified as U. S. Survey No. 2711, con­ Commencing at 10:00 a. m. on Septem­ FEDERAL POWER COMMISSION taining approximately 30 acres (soldiers’ ad­ ber 30, 1948, any of the lands remaining ditional homestead application of Libby, Mc­ unappropriated shall become subject to [Docket Nos. G-854, G-962, G-963] Neill and Libby, Anchorage 010958). such application, petition, Ideation, or Atlantic S eaboard Corp. et al. The lands described aggregate approx­ selection by the public generally as may imately 157.82 acres. be authorized by the public-land laws. ORDER CONSOLIDATING PROCEEDINGS AND The above-descjribed lands, which are (d) Twenty-day advance period for si­ FIXING DATE OF HEARING embraced in pending soldiers’ additional multaneous non-preference-right filings. In the matters of Atlantic Seaboard homestead applications, are not needed Applications by the general public may Corporation and Virginia Gas Transmis­ or used by the public for landing or har­ be presented during the 20-day period sion Corporation, Docket No. G-854; borage purposes. The applicants have from September 11, 1948 to September Tennessee Gas Transmission Company, occupied and used the lands for many 30, 1948, inclusive, and all such applica­ Docket No. G-962; and Commonwealth years and have placed extensive improve­ tions, together with those presented at Natural Gas Corporation, Docket No. ments upon these tracts. 10:00 a. m. on September 30, 1948, shall G-963. be treated as simultaneously filed. Thos. C. Havell, Upon consideration of the following Assistant Director. Veterans shall accompany their ap­ applications filed with the Federal plications with certified copies of their Rower Commission for certificates of [F. R. Doc. 48-4179; Filed, May 10, 1948; certificates of discharge, or other satis­ public convenience and necessity pursu­ 8:52 a. m.] factory evidence of their military or ant to section 7 of the Natural Gas Act, naval service. Persons asserting prefer­ as amended, authorizing the construc­ ence rights, through settlement or other­ tion and operation of certain natural gas wise, and those having equitable, claims, pipe line facilities, subject to the juris­ [Mise. 2090671] shall accompany their applications by diction of the Commission as described Alaska duly corroborated affidavits in support in such applications on file with the thereof, setting forth in detail all facts Commission and open to public inspec­ SHORE SPACE RESTORATION ORDER NO. 4 0 3 relevant to their claims. tion : April 28, 1948. Applications for these lands, which (i) Joint application filed January 27, Pursuant to the provisions of the act shall be filed in the District Land Office, 1947, and the amendment thereto filed of June 5, 1920 (4P Stat. 1059, 48 U. S. C. Anchorage, Alaska, shall be acted upon in on January 2, 1948, in Docket No. G-854, 372), and in accordance with 43 CFR accordance with the regulations con­ by Atlantic Seaboard Corporation (At­ 4.275 (a) (56) (Departmental Order No. tained in § 295.8 of Title 43 of the Code lantic) , a Delaware corporation, and 2325 of May 24, 1947, 12 F. R. 3566) , it is of Federal Regulations (Circular No. 324, Virginia Gas Transmission Corporation ordered as follows: May 22, 1914, 43 L. D. 254), to the extent (Transmission), a Virginia corporation, The 80-rod shore space reserve created that such regulations are applicable. both having their principal place of under the act of May 14, 1898 (30 Stat. Applications under the homestead, laws business at Charleston, West Virginia; 409), as amended by the act of March 3, shall be governed by the regulations con­ (ii) Application filed on October 20, 1903 (32 Stat. 1028, 48 ü. S. C. 371), is tained in Parts 65 and 66 of Title 43 of 1947, and the amendment thereto filed ‘hereby revoked as to the lands herein­ the Code of Federal Regulations and April 19, 1948, in Docket No. G-962, by after described. applications under the small tract act of Tennessee Gas Transmission Company At 10:00 a. m. on June 30, 1948 the June 1, 1938, shall be governed by the (Tennessee), a Delaware corporation lands shall, subject to valid existing regulations contained in Part 257 of that having its principal place of business at rights and the provisions of existing with­ title. Houston, Texas; and drawals, become subject to application, Inquiries concerning these lands shall (iii) Application filed on October 22, petition, location, or selection as fol­ be addressed to the District Land Office, 1947, in Docket No. G-963, by Common­ lows: Anchorage, Alaska. wealth Natural Gas Corporation (Com­ (a) Ninety-day period for preference- The lands affected by this order are monwealth), a Virginia corporation hav­ right filings. For a period of 90 days described as follows: ing its principal place of business at from June 30,1948 to September 29,1948, T e r r it o r y o f A l a s k a Lynchburg, Virginia; and Consideration of the motion for con­ inclusive, the public lands affected by A tract of land on the right limit of Fox this order shall be subject to (1) appli­ Creek, Kachemak Bay, near H. E. S. No. 79, solidation and continuance, or, in lieu cation under the homestead laws, or the containing 160 acres (homestead application thereof, for a continuance of hearing in small tract act of June 1, 1938 (52 Stat. of Jay S. Bibby, Anchorage 09687). Docket No. G-854 filed May 3, 1948, by 609, 43 U. S. C. 682a), as amended, by A tract of land on Jackson Point on Valdez Fuels Research Council, Inc., Anthracite qualified veterans of World War II, for Arm, containing approximately 4 acres (trade Institute, Brotherhood of Locomotive whose service recognition is granted by and manufacturing site application of Wal­ Engineers, United Mine Workers of the act of September 27, 1944 (58 Stat. ter Day, Anchorage 010074). America, and Railway Labor Executives 747, 43 U. S. C. Sup. 279-283), subject The lands described aggregate approxi­ Association, interveners therein ; and to the requirements of applicable law, mately 164 acres. telegram filed May 4, 1948, by Tennessee and (2) application under any applicable The present applicants have occupied Gas Transmission Company in opposi­ public-land law, based on prior existing these tracts for many years and have tion to said motion for consolidation and valid settlement rights and preference continuance. placed valuable improvements thereon. It appears to the Commission that: rights conferred by existing laws or equit­ Neither of these tracts is suitable for able claims subject to allowance and con­ (a) Due notice of the filing of the appli­ firmation. Applications by such veterans use as a landing place. The beach in cations have been given, including publi­ shall be subject to claims of the classes front of the Bibby homestead is very cation in the F ederal R egister on Feb­ described in subdivision (2). shallow and constitutes a series of mud ruary 25, 1947, and January 17, 1948, of (b) Twenty-day advance period for flats extending out into Kachemak Bay the application and amendment in simultaneous preference-right filings. for a distance of about three miles. Due Docket No. G-^854 (12 F. R. 1359, 13 F. R. For a period of 20 days from June 11, to the rapid flow of the water when the 236-237) ; on October 31,1947, of the ap­ 1948 to June 30, 1948, inclusive, such tide changes and due to the depth of the plication in Docket No. G-962 (12 F. R. veterans and persons claiming prefer­ mud, it is impossible to get to the shore 7095) ; 1 and on November 6, 1947, of the ence rights superior to those of such vet­ by skiff. The shore line of the tract on application in Docket No. G-963 (12 F. R. erans, may present their applications, Valdez Arm is very rocky and consists of 7269-7270); and all such applications, together with almost perpendicular cliffs. (b) Hearing on the amended applica­ those presented at 10:00 a. m. on June 30, 1948 shall be treated as simultane­ T hos. C. Havell, tion in Docket No. G-854 has been duly ously filed. Assistant Director. set for May 10,1948, by the Commission’s (c) Date for non-preference-right fil­ [F. R. Doc. 48-4180; Filed, May 10, 1948; ings authorized by the public-land laws. 8:53 a. m.] 1See F. R. Doc. 48-4172, infra. No. 92----- 7 2552 NOTICES order issued April 7, 1948, published in titled dockets, which may be inspected (2) Construct approximately 395 miles the F ederal R egister on April 10, 1948 at the offices of the Federal Power Com­ of 96-inch O. D. main line, beginning at (13 F. R. 1961); mission, Washington, D. C. proposed new Compressor Station No. (c) Among the issues presented by the (h) Good cause exists for consolidat­ 207 in northeastern Kentucky and ex­ said applications, and other pleadings ing the proceedings in the above-entitled tending through the States of Ohio and presently filed in connection therewith, dockets. western Pennsylvania in a northeasterly are the following: ,The Commission, therefore, orders direction to a point south and in the (1) The extent of public need and that: vicinity of Buffalo, New York. market requirements for natural gas (A) The hearing ordered for May 10, (3) Construct approximately 44 miles In the areas proposed to be served. 1948, on the joint amended application of 16-inch O. D. lateral transmission line, (2) Whether the proposed facilities, of Atlantic Seaboard Corporation and beginning at a point on the proposed 26- as designed and applied for, and the pro­ Virginia Gas Transmission Corporation, inch main transmission line-in Columbi- % posed methods of operation thereof, are Docket No. G-854, be and-the same ana County, Ohio, to a point in Alle­ adequate to render the services proposed hereby is postponed. gheny County, Pennsylvania. x and to meet the estimated demands for (B) The proceedings at Docket Nos. (4) Construct approximately 30 miles natural gas in the areas to be served. G-854, G-962 and G-963 be and the same of 16-inch O. D. lateral gathering lines to (3) The supply of natural gas avails are hereby consolidated. connect additional gas supply to Appli­ able to the several applicants to meet the (C) Pursuant to authority contained cant’s pipeline system. demands of the services proposed to bç in and subject to the jurisdiction con­ (5) Install in Applicant’s existing or rendered by the proposed facilities. ferred upon the Federal Power Commis­ authorized compressor stations new (4) The proposed financing and abil­ sion by sections 7 and 15 of the Natural compressor units aggregating 86,200 ity of the several applicants to finance Gas Act, as amended, and the Commis­ horsepower, together with other related the construction and operation of the sion's rules of practice and procedure, a facilities and construct new Compressor proposed facilities. public hearing be held on the 1st day of Station No. 207, to be located in eastern (5) The economic feasibility of the June 1948, at 10:00 a. m., (e. d. s. t.), in Kentucky of 5,000 installed horsepower. construction and operation proposed by the Hearing Room of the Federal Power (6) Construct check and sales meter each applicant and the rates proposed to Commission, 1800 Pennsylvania Avenue stations on pipeline system. be charged by the several applicants. NW., Washington, D. C., concerning the The increased sales delivery capacity (6) The ability of Applicants, Atlan­ matters involved and the issues pre­ tic, Transmission and Tennessee, to ren­ sented by the applications and other of Applicant’s pipe-line system resulting der adequate service to their existing pleadings in the above-entitled consol­ from the construction and operation of customers if any such Applicants should idated proceedings. the proposed new facilities is stated to be be authorized to serve any new areas, (D) Interested State commissions may approximately- 340,000 Mcf per day, customers and markets sought herein by participate as provided by Rules 8 and making a total of 1,000,000 Mcf per day said Applicants. 7 (f) (18 CFR 1.8 and 1.37 (f) ) of the available for sales to markets. The Ap­ (7) The feasibility of Tennessee sup­ said rules of practice and procedure. plicant estimates the total cost of the plying the estimated natural gas re­ Date of issuance: May 4, 1948. proposed facilities will approximate* quirements of Commonwealth, By the Commission. $124,354,000. Applicant states it pro­ (8) Whether each of the Applicants is poses to finance up to 6 0 of the cost of qualified, able and willing properly to do [seal] Leon M. F uqua y , Secretary. the facilities under provision of its ex­ the acts and to perform the services pro­ isting mortgage indenture and the bal­ posed and to conform to the provisions of [F. R. Doc. 48-4171; Filed, May 10, 1948; ance to be financed by the sale of other the Natural Gas Act, as amended, and 8:46 a. m.] the requirements, rules and regulations securities, bank loans and by earnings of the Commission thereunder. retained from operations. Annual gross (9) Whether the proposed construc­ [Docket No. G-962] revenues are estimated by Applicant at tion and operation of the facilities to the $65,870,000, with operating costs and extent applied for are or will be required T ennessee Gas T ransmission Co. fixed charges including depreciation but by the present or future public conven­ NOTICE OF AMENDED APPLICATION excluding interest and other non-oper­ ience and necessity. ating expenses, estimated at $50,126,000, (10) Whether certificates should be May 4, 1948. for an estimated annual gross income of issued, and, if so, upon what terms and Notice is hereby given that on April 19, $15,744,000. conditions, if any. • 1948, Tennessee Gas Transmission Com­ Applicant states that the facilities (d) Atlantic Seaboard Corporation pany (Applicant), a Delaware corpora­ and Virginia Gas Transmission Corpo­ tion with -its principal place of business proposed by the amendment are pri­ ration, to meet the full estimated re­ at Houston, Texas, filed with the Federal marily to supply increased quantities of quirements for natural gas service as Power Commission an amendment to its natural gas to customers presently ren­ proposed in the joint application, will application heretofore filed on October dering natural gas service, principally in necessitate the securing of additional 20, 1947, notice of which was published the Appalachian region. After hearing volumes of natural gas by Atlantic Sea­ in the F ederal R egister on October 31, and disposition of the amendment Ap­ board Corporation from its affiliate, 1947 (12 F. R. 7095). By the amendment plicant alleges that the application will United Fuel Gas Company, which, in to the application Tennessee Gas Trans­ be further amended to provide for serv­ turn, will have to secure additional vol­ mission Company requests a certificate ice to new markets in portions of eastern umes from Tennessee Gas Transmission of public convenience and necessity pur­ New York and New England. Applicant Company. suant to section 7 of the Natural Gas states that it has contracts for- substan­ Ce) Commonwealth Natural Gas Cor­ Act, as amended, authorizing the con­ tially the full capacity of the pipe-line poration proposes to meet its total esti­ struction and operation of certain nat­ system after installation of the facilities mated requirements for natural gas ural gas facilities, subject to the juris­ service, as proposed in its application, diction of the Federal Power Commis­ applied for in the amendment, aggregat­ from Tennessee Gas Transmission Com­ sion, which are described in the amend­ ing 1,000,000 Mcf daily capacity as set pany. ment as follows: forth below: (f) The securing of the estimated re­ (1) Construct approximately 992 qailes MCF of Contracted Demand or Estimated quired volumes of natural gas by At^ of loops along Applicant’s existing main Initial Peak Requirement lantic Seaboard Corporation and Com­ line between Compressor Station No. 0 Name of contracting Company and monwealth Natural Gas Corporation are and Broad Run, West Virginia, as fol- State of delivery: related to the construction of additional lows: Mississippi: natural gas transmission facilities by Approximate Miscellaneous distribution Tennessee Gas Transmission Company. Description: length (miles) available to serve small (g) For a more detailed statement of 80-inch O. D_____ ».______760 towns and communities in 26-inch O. D...... — — 143 Mississippi (not fully con­ facts and law asserted, interested per­ 24-inch O. D...... 89 sons may refer to said applications and tracted)______15,000 other pleadings filed in the above-en­ 992 1 Requirements contracts. Tuesday, M ay 11, 1948 FEDERAL REGISTER 2553 Mcf of Contracted Demand or Estimated not later than 15 days from the date of Any person desiring to be heard or to Initial Peak Requirement—Continued publication of this notice in the F ederal make any protest with reference to the Name of contracting company and R egister, a petition to intervene or pro­ application shall file with the Federal state of delivery: test. Such protest or petition shall con­ Power Commission, Washington 25, Tennessee: form to the requirements of Rule 8 or D. C., not later than 15 days from the Alabama-Tennessee Natural 10, whichever is applicable, of the rules date of publication of this notice in the Gas Co------* 17,000 East Tennessee Natural Gas of practice and procedure (18 CFR 1.8 F ederal R egister, a petition to intervene Co______140,000 or 1.10). or protest. Such petition or protest shall Tennessee Natural Gas Lines, [seal] Leon M. F uquay, conform to the requirements of Rule 8 Inc______115,000 Secretary. or 10, whichever is applicable of the Kentucky Natural Gas Corp_ 115,000 rules of practice and procedure (as [F. R. Doc. 48-4172; Filed, May 10, 1948; amended on June 16, 1947) (18 CFR 1.8 87,000 8:46 a. m.] or 1.10). Kentucky: [seal] Leon M. F uquay, Louisville Gas and Electric Secretary. Co...... 20, 000 [Docket No. G-1039] United Fuel Gas Co______75,000 [F. R. Doc. 48-4174; Filed, May 10, 1948; Miscellaneous distribution N orthern Natural Gas Co. 8:46 a. m.] available to serve small towns and communities in NOTICE OF APPLICATION Kentucky, Tennessee, Mis­ May 4, 1948. sissippi, or other states SECURITIES AND EXCHANGE south of Kentucky (not Notice is hereby given that on April 22, COMMISSION . fully contracted)______23,000 1948, Northern Natural Gas Company (Applicant), a Delaware corporation [File Nos. 54-85, 59-90] 118,000 having its principal place of business at East Coast Public Service Co. et al. Omaha, Nebraska, filed an application West Virginia: for a certificate of public convenience ORDER RELEASING JURISDICTION OVER FEES United Fuel Gas Co______375,000 AND EXPENSES Hope Natural Gas Co______225,000 and necessity pursuant to section 7 of the Natural Gas Act, as amended, au­ At a regular session of the Securities 600,000 thorizing the construction and operation and Exchange Commission, held at its of certain natural-gas transmission fa­ office in the city of Washington, D. C., Ohio: cilities described as follows: on the 5th day of May A. D. 1948. East Ohio Gas Co______35,000 (IV Approximately 17.5 miles of 6%- In the matter of East Coast Public Manufacturers Light and inch O. D. pipeline beginning at Appli­ Service Company, Virginia East Coast Heat Co______50,000 cant’s 20-inch main line in the South­ Utilities, Incorporated, Tidewater Elec­ 85,000 west Quarter (SWJA) of Section 35, tric Service Company, Floyd W. Wood­ Township 29 South, Range 25 West, and cock (Applicants), File No. 54-85; East Pennsylvania: extending in a northerly direction to the Coast Public Service Company, Virginia Peoples Natural Gas Co____ _ 25,000 Dodge City 8% -inch O. D. Branch Line East Coast Utilities, Incorporated, Tide­ Equitable Gas Co______30,000 System in the Northwest Quarter water Electric Service Company (Re­ United Natural Gas Co____ _ 10,000 (NW%) of Section 3, Township 27 South, spondents) , File No. 59-90. Pennsylvania Gas Co______10,000 Range 25 West, all in Ford County, Kan­ The Commission having issued an or­ 75,000 sas. # der dated April 2,1947, approving a plan (2) A regulating station to be located of East Coast Public Service Company New York: / at the terminus of the proposed 6%-inch (“East Coast”), a registered holding Iroquoise Gas 'Corp______80,000 pipeline described in (1) above. company, pursuant to section 11 (e) of The application recites that Applicant the Public Utility Holding Company Total...... 1,000,000 has been delivering “wet gas” containing Act of 1935, in Which plan East Coast 1 Requirements contracts. gasoline and hydrates direct from gas Electric Company (“Virginia Company”), wells into the southwestern portion of its a subsidiary company of East Coast, Any interested State Commission is Dodge City Branch Line Systepi and, as joined with respect to all transactions requested to notify the Federal Power a result, has been experiencing difficulty affecting it, such plan providing, among Commission whether the application, as and near freeze-offs due to the accumu­ amended, should be considered under the other things, for (1) the merger of lation of condensate in the pipe-line in Tidewater Electric Service Company into cooperative provisions of Rule 37 of the past winters. The proposed facilities Virginia East Coast Utilities, Incorpo­ Commission’s rules of practice and pro­ will, in addition to delivering increased cedure (18 CFR 1.37) and, if so, to rated and the change of name to East volumes of firm gas, enable Applicant to Coast Electric Company; (2) the issuance advise the Federal Power Commission as provide the protection it believes is neces­ of $1,300,000 principal amount of new to the nature of its interest in the mat­ sary to Ihsure adequate and continuous First Mortgage Bonds and 60,000 shares ter and whether it desires a conference, service to towns near the eastern end of of new Common Stock in connection with the creation of a board, or a joint or the Dodge City Branch Line System. the recapitalization of the Virginia Com­ concurrent hearing, together with rea­ The estimated 'total over-all capital sons for such request. pany; (3) the exchange by East Coast of cost of the proposed facilities is $156,000, the old securities of the Virginia Com­ The application and amendment of which will be financed out of the general pany for $800,000 principal amount of Tennessee Gas Transmission Company funds of the Applicant. are on file with the Commission and are new First Mortgage Bonds and 60,000 Any interested State commission is shares of new Common Stock; (4) the open to public inspection. Any person requested to notify the Federal Power sale by East Coast of $800,000 principal desiring to be heard1 or to make any Commission whether the application amount of First Mortgage Bonds of Vir­ protest with reference to the application, should be considered under the coopera­ ginia Company and the simultaneous sale as amended, shall file with the Federal tive provisions of Rule 37 of the Com­ by Virginia Company for its own account Power Commission, Washington 25, D. C., mission’s rules of practice and procedure of $500,000 principal amount of its new (18 CFR 1.37) and, if sd, to advise the First Mortgage Bonds; and (5) the liqui­ 1 Attention is invited to the order entered Federal Power Commission as to the na­ dation and dissolution of East Coast; and by the Commission on May 4, 1948, consoli­ ture of its interest in the matter and The Commission having issued an or­ dating proceedings and fixing date of hear­ whether it desires a conference, the cre­ ing for June 1, 1948, in the Matters of At­ der dated September 29, 1947, approving lantic Seaboard Corporation and Virginia ation of a board, or a joint or concurrent an amendment to the section 11 (e) Plan Gas Transmission Corporation, Docket No. hearing, together with reasons for such of East Coast providing for the issuance G-854, Tennessee Gas Transmission Com­ request. of 45,000 additional shares of common pany, Docket No. G-962, and Commonwealth The application of Northern Natural stock by the Virginia Company, 30,000 of Natural Gas Corporation, Docket No. G-963. Gas Company Is on file with the Com­ such shares being acquired by East Coast See F. R. Doc. 48-4171, supra. mission and is open to public inspection. and distributed pro rata to its stock- 2554 NOTICES holders and 15,000 shares being sold to [File No. 70-1745] It is further ordered and recited, That underwriters for resale to the public; and the transactions proposed, namely (a) The Commission’s orders of April 2 American P ower & Light Co. the sale of 150,000 shares of the 600,000 and September 29, 1947, approving said ORDER GRANTING APPLICATION TO BECOME shares of common stock of Kansas Gas plan of East Coast and amendments EFFECTIVE and Electric Company now owned by thereto, having reserved jurisdiction to At a regular session of the Securities American; (b) the release by Kansas of consider the reasonableness of all fees and Exchange Commission, held at its American from certain claims against and expenses in connection with such office in the city of Washington D. C., on American and the assignment to Ameri­ plan and amendments thereto; and the 5th day of May A. D. 1948. can by Kansas of certain claims of Kan­ The Commission, in its order dated American Power & Light Company sas against Bond and Share; and (c) a May 20, 1947, having approved the fees (“American”) , a registered holding com­ cash capital contribution to Kansas by and expenses in respect of the issue and pany and a subsidiary of Electric Bond American in the amount of $82,578, are sale of $1,300,000 principal amount of and Share Company (“Bond and necessary and appropriate to the inte­ First Mortgage Bonds of the Virginia Share”), also a registered holding com­ gration and simplification of the hold­ Company; and pany, has filed a declaration and amend­ ing company system of which American A supplemental application having ments thereto under the Public Utility is a member and are necessary and ap­ been filed providing information with Holding Company Act of 1935, particu­ propriate to effectuate the provisions of respect to the fees and expenses of East larly sections 11 and 12 thereof and Rules section 11 (b) of the Public Utility Hold­ Coast and the Virginia Company in con­ U-44, U-45, and U-50 thereunder, regard­ ing Company Act of 1935. nection with the aforesaid transactions, ing (a) the sale of 150,000 shares of the By the Commission. other than the issue and sale of the Vir­ 600.000 shares of common stock of Kan­ ginia Company’s bonds, showing a de­ [seal] Orval L. D uBois, sas Gas and Electric Company (“Kan­ Secretary. tailed statement and the proposed allo­ sas”) now owned by American; (b) the cation of such fees and expenses totalling exemption of such sale from the compet­ [F. R. Doc: 48-4183; Filed, May 10, 1948; $80,305.99, which includes the following: itive bidding requirements of Rule U-50; 8:53 a. m.] (c) the release by Kansas of American Legal fees and expenses East Virginia from certain claims against American Coast Company and the assignment to American by Kansas of certain claims of Kansas [File No. 70-1797] Miles, Walsh, O’Brien & Morris... $18,500.00 $1,500.00 McGuire, Eggleston, Bocock & against Bond and Share; and (d) a cash P ortland Gas & Coke Co. 500.00 capital contribution to Kansas by Ameri­ Morris, Steel, Nichols- & Arsht... 1,750.00 1.500.00 ORDER GRANTING APPLICATION 1.250.00 can in the amount of $82,378; and 4,997. 53 1,192.19 A public hearing having been - held • At a regular session of the Securities Company expenses...... 12,911.70 4,640.74 and Exchange Commission held at its Special services: on said application-declaration, as Floyd W. Woodcock, President amended, after appropriate notice, and office in the city of Washington, D. C., 10,000.00 the Commission having examined the on the 5th day of May A. D. 1948. T. M. Hauer, Vice President of 5,000.00 record and having made and filed its Portland Gas & Coke Company (“Port­ 12,891.29 3,666.54 findings and opinion herein; land”) , a gas utility subsidiary of Ameri­ 66.550.52 13.755.47 ' It is ordered, That said application- can Power & Light Company, a regis­ $80,305.99 declaration, as amended, be and the same tered holding company subsidiary of hereby is granted and permitted to be­ Electric Bond and Share Company, also the applicants stating, in support of the come effective forthwith, subject to the a registered holding company, having compensation proposed to be paid to terms and conditions contained in Rule filed an application and amendment Floyd W. Woodcock and T. M. Hauer, U-24, and subject to the following addi­ thereto, pursuant to section 6 (b) of the that Woodcock received no compensa­ tional conditions: Public Utility Holding Company Act of tion from Fast Coast during the period 1. That the sale of 150,000 shares of 1935 with respect to the following trans­ 1941 to date, and that Hauer has received common stock of Kansas by American actions: only nominal compensation during the shall not be consummated until a further Pursuant to an agreement dated same period; and order shall have been entered by the March 3, 1948; between Portland and It appearing that the amounts pro­ Commission in light of the record as Mellon National Bank and Trust Com­ posed to be paid Woodcock and Hauer completed with respect to the mainte­ pany (“Mellon National”), Portland pro­ are in lieu of salaries rather than fees nance of competitive conditions and the poses to borrow from Mellon National applicable to the reorganization and results of negotiation, including the price $1,000,000 on or before July 1, 1948, and under the circumstances of this case do to be paid American and the underwrit­ an additional $1,000,000 on or before No­ not require our approval; and ers’ commissions. vember 1, 1948. It is proposed that the It appearing that the remaining fees 2. That jurisdiction be reserved with loans be evidenced by two promissory and expenses and the proposed alloca­ respect to all fees and expenses incurred notes of Portland which would bear in­ or to be incurred in connection^with the terest at the rate of 4% per annum. The tion thereof as between East Coast and proposed transactions. promissory notes would be dated as of the Virginia Company are not unreason­ It is further ordered, That the appli­ the date of the loans evidenced thereby able; and that jurisdiction heretofore re­ cation of American for an exemption and would be payable one year from the served over such fees and expenses from the competitive'bidding require­ date of the first promissory note. As should now be released: ments of sub-paragraphs (b) and (c) of security for payment of the two promis­ It is hereby ordered, That the applica­ Rule U-50 with respect to the sale of sory notes, Portland proposes to issue tion in respect of the amounts to be paid 150.000 shares of the common stock of and deposit with Mellon National its Floyd W. Woodcock and T, M. Hauer be Kansas Gas and Electric Company be First Mortgage Bonds, ZYe% Series due dismissed. and it hereby is granted. 1976, which it would issue under its It is further ordered, That jurisdiction American having requested that the Mortgage and Deed of Trust, dated as of heretofore reserved over the fees and ex­ Commission’s order recite that the trans­ July 1, 1946. The aggregate principal penses of East Coast and the Virginia actions proposed in the application-dec­ amount of the bonds so issued and de­ Company and the allocation thereof in laration, as amended, are necessary and posited would be equal to the amount of appropriate to the integration and sim­ the borrowings. Portland proposes not connection with the said transactions be, plification of the holding company sys­ to sell or otherwise dispose of the pledged and the same is hereby, released. tem of which American is a member and bonds without obtaining the approval of By the Commission. are necessary and appropriate to effec­ all regulatory authorities, including this tuate the provisions of section 11 (b) of Commission, having jurisdiction with [SEAL] ORVAL L. DUBOIS, the Public Utility Holding Company Act respect thereto. Under the proposed loan Secretary. of 1935, and it appearing to the Commis­ agreement Mellon National waives the [F. R. Doc. 48-4184; Filed, May 10, 1948; sion that such recitals may properly be right to receive interest on the pledged 8:53 a. m.] made; bonds until and unless a default in pay- Tuesday, M ay 11, 1948 FEDERAL REGISTER 2555 ment of principal or interest on the notes Company Act of 1935 by American Power [Vesting Order 11102] shall have occurred. Portland would re­ & Light Company (“American”) , a sub­ serve the right to prepay the promissory sidiary of Electric Bond and Share Com­ Arthur Ames B liss notes in whole at any time, or in part pany, both registered holding companies. In re: T/W of Arthur Ames Bliss, de­ from time to time, without premium. American has designated section 12 (f) ceased; estate of Laura Neuhaus Bliss, Upon any such prepayment of the notes, of the act and Rule U-45 thereunder as deceased, and trusts under the will of Portland would be entitled to withdraw applicable to the proposed transactions. Laura Neuhaus Bliss, deceased. Pile D- an equal principal amount of the pledged Notice is further given that any inter­ 28-12129; E. T. sec. 16361. Bonds. ested person may not later than May 13, Under the authority of the Trading Portland proposes to use the proceeds 1948 at 5:30 p. m., e. d. s. t., request the With the Enemy Act, as amended, Execu­ of the loans for general corporate pur­ Commission in writing that a hearing be tive Order 9193, as amended, and Execu­ poses and to provide, in part, funds held on such matter, stating the nature tive Order 9788, and pursuant to law, required to complete construction work of his interest, the reasons for such re­ after investigation, it is hereby found: authorized and under way at the close of quest and the issues, if any, of fact or 1. That Lina May, Elf rida Vorwerk, 1947 and to meet construction require­ law raised by said declaration proposed Robert Neuhaus, Marie Neuhaus, Juro ments for 1948. Portland proposes to pay to be controverted, or may request that von Horvath, Maria Oertel, Herbert to Mellon National a commitment fee of he be notified if the Commission should Lotze, Elisabeth Scheel and Konrad Vi of 1% per annum on the unborrowed order a hearing thereon. Any such re­ Lotze, whose last known address is Ger­ amount of its commitment from the date quest should be addressed: Secretary, many, are residents of Germany and of the note agreement (March 3, 1948). Securities and Exchange Commission, nationals of a designated enemy country The proposed transactions are subject 425 Second Street, N. W., Washington 25, (Germany) ; to the jurisdiction of the Oregon Com­ D. C. At any time after May 13,1948 said 2. That issue, names unknown, of Rob­ missioner of Public Utilities and the declaration as filed may be permitted to ert Neuhaus, of Juro von Horvath and Washington Department of Public Util­ become effective as provided in Rule U-23 of Laura Lotze, deceased, who there is ities. Each of the foregoing regulatory of the rules and regulations promulgated reasonable cause to believe are residents bodies has expressly authorized the pro­ under the act or the Commission may of Germany, are nationals of a desig­ posed transaction. exempt such transactions as provided in nated enemy country (Germany) ; The application having been filed on Rule U-20 (a) and Rule U-100 thereof. 3. That all right, title, interest and March 30,1948 and an amendment there­ All interested persons are referred to claim of any kind or character whatso­ to having been filed on April 13, 1948, said declaration which is on file in the ever of the persons identified in sub- and notice of said filing having been office of this Commission for a statement paragraphs 1 and 2 hereof, and each of given in the form and manner prescribed of the transactions therein proposed them, in and to the trust under the will by Rule U-23 promulgated pursuant to which may be summarized as follows: of Arthur Ames Bliss, deceased, in and said act and the Commission not having American proposes to make an invest­ to the trusts under the will of Laura received a request for hearing with re­ ment as a cash contribution to the cap­ Neuhaus Bliss, deceased, and in and to spect to said application, as amended, ital of its wholly owned registered hold­ the estate of Laura Neuhaus Bliss, de­ within the period specified in said notice, ing company subsidiary, Texas Utilities ceased, is property payable or deliverable or otherwise, and not having ordered a Company (“Texas Utilities”), in the to, or claimed by the aforesaid nationals hearing thereon; ^nd amount of $9,237,520. Texas Utilities of a designated enemy country (Ger­ The Commission finding with respeot will use said cash contribution to repay many) ; to the application, as amended, that the loans from banks in the amount of 4. That such property is in the process requirements of the applicable pro­ $8,500,000 and to reimburse its treasury of administration by The Pennsylvania visions of the act and the rules there­ for funds heretofor invested in the equi­ Company for Banking and Trusts, as under are satisfied and that it is not ties of its subsidiaries. trustee and as executor, acting under the necessary to impose any terms or condi­ American requests that the Commis­ judicial supervision of the Orphans’ tions, and the Commission deeming it sion’s order recite that the investment by Court of Philadelphia County, Pennsyl­ appropriate in the public interest and in American of $9,237,520 as a contribution vania; the interest of investors and consumers to the capital of Texas Utilities is neces­ and it is hereby determined: that said application» as amended, be sary or appropriate to the integration or 5. That to the extent that the persons granted and deeming it appropriate to simplification of the holding company named in subparagraph 1 hereof and the grant the request of applicant that the system of which American is a member issue, names unknown, of Robert Neu­ order become effective at the earliest date and necessary or-appropriate to effectu­ haus, of Laura Lotze, deceased, and of possible: ate the provisions of section 11 (b) of Juro von Horvath, are not within a desig­ It is hereby ordered, Pursuant to said the Public Utility Holding Company Act nated enemy country, the national in­ Rule U-23 and the applicable provisions of 1935, all in accordance with the terest of the United States requires that of said act and subject to the terms and meaning and requirements of the Inter­ such persons be treated as nationals of a conditions prescribed in Rule U-24, that nal Revenue Code, as amended, includ­ designated enemy country (Germany). said application, as amended, be, and the ing section 1808 (f) and Supplement All determinations and all action re­ same hereby is, granted. R thereof. quired by law, including appropriate con­ sultation and certification, having been By the Commission. American requests that the Commis­ sion’s order herein be entered as soon as made and taken, and, it being deemed (seal] Orval L. D uBois, may be practicable and become effective necessary in the national interest, Secretary. upon issuance. There is hereby vested in the Attorney General of the United States the property [P. R. Doc. 48-4185; Filed, May 10, 1948; By the Commission. described above, to be held, used, admin­ 8:53 a. m.] istered, liquidated, sold or otherwise dealt (seal] Orval L. D uBois, with in the interest of and for the benefit Secretary. of the United States. [F. R. Doc. 48-4180; Filed, May 10, 1948; The terms “national” and “designated [File No. 70-1823] 8:54 a. m.] enemy country” as used herein shall have the meanings prescribed in section 10 of American Power & Light Co. Executive Order 9193, as amended. NOTICE OF FILING DEPARTMENT OF JUSTICE Executed at Washington, D. C., on April 23, 1948. At a regular session of the Securities Office of Alien Property and Exchange Commission, held at its For the Attorney General. office in the city of Washington, D. C.f A u t h o r i t y : 40 Stat. 411, 55 Stat. 839, Pub. [seal] D avid L. B azelon, Laws 322, 671, 79th Cong., 60 Stat. 50, 925; 50 on the 4th day of May A. D. 1948. U. S. C. and Supp. App. 1, 616, E. O. 9193, Assistant Attorney General, Notice is hereby given that a declara­ July 6, 1942, 3 CFR, Cum. Supp., E. O. 9567, Director, Office of Alien Property. tion has been filed with this Commission June 8, 1945, 3 CFR, 1945 Supp., E. O. 9788, [F. R. Doc. 48-4199; Filed, May 10, 1948; pursuant to the Public Utility Holding Oct. 14, 1946, 11 F. R. 11981. 8:49 a. m.] 2556 NOTICES

[Vesting Order 11068] York, together with all declared and un­ requires that such person be treated as paid dividends thereon, and a national of a designated enemy coun­ Caroline S chech b. That certain debt or other obliga­ try (Germany). In re: Stock and bank account owned tion of The Chase National Bank of the All determinations and all action re­ by Caroline Schech. F-28-17688-A-1; City of New York, 18 Pine Street, New quired by law, including appropriate con­ F-28-17688-E-1. York, New York, arising out of an ac­ sultation and certification, having been Under the authority of the Trading count entitled Miss Caroline Schech made and taken, and, it being deemed With the Enemy Act, as amended, Exec­ maintained at the branch office of the necessary in the national interest, utive Order 9193, as amended, and Exec­ aforesaid bank located at 45th Street There is hereby vested in the Attorney utive Order 9788, and pursuant to law, and Madison Avenue, New York, New General of the United States the prop­ after investigation, it is hereby found: York, and any and all rights to demand, erty described above, to be held, used, ad­ 1. That Caroline Schech, whose last enforce and collect the same, ministered, liquidated, sold or otherwise known address is 11 Lindwurm Strasse, is property within the United States dealt with in the interest of and for the Munich, Germany, is a resident of Ger­ owned or controlled by, payable or deliv­ benefit of the United States. many and a national of a designated erable to, held on behalf of or on account The terms ‘'national” and "designated enemy country (Gerinany); of, or owing to, or which is evidence of enemy country” as used herein shall have 2. That the property described as fol­ ownership or control by, the aforesaid the meanings prescribed in section 10 of lows: national of a designated enemy country Executive Order 9193, as amended. a. Those certain shares of stock de­ (Germany); Executed at Washington, D. C., on April 9,1948. scribed in Exhibit A, attached hereto and and it is hereby determined: by reference made a part hereof, regis­ 3. That to the extent that the person For the Attorney General. tered in the name of Caroline Schech named in subparagraph 1 hereof is not [seal] ' D avid L. Bazelon, and presently in the custody of Alan M. within a designated enemy country, the Assistant Attorney General, Wood, 111 Broadwgty, New York, New national interest of the United States Director, Office of Alien Property.

E xhibit A

Number of Name and address of corporation Place of incorporation Type of stock Certificate No. shares

American Water Works & Electrie Co., Inc., 50 Broad St., New York, $6 series cumulative first preferred PO 2224______11 N. Y. stock. F 105018...... 30 O 144207..-...... 20 F 31630...... 10 405983...... 5 NYD 312296...... 10 417496...... 10 General Motors Corp., 1775 Broadway, New York, N. Y______Delaware $10 par value common stock...... C 622-584...... 30 C 899-633...... 25 The Pennsylvania Railroad Co., 1617 Pennsylvania Boulevard, Phila­ 916808...... 3 delphia, Pa. 996055 _ 3 P 24550...... 18 A 227577...... 4 Radin Corp. of Amprica, 30 Rockefeller Plaza, New York, N. Y . Delaware . . . _ __ No par value common stock WO178260...... 16 W 0233129...... 8 N 0462246...... 6 W0110633...... 1 WO110637...... 1 N 0455012...... 1 Southern Pacific Co., 165 Broadway, New York, N. Y _ _. ___ ._ do • _ _ F212935...... 30 F15459...... 5 F14199...... 5 Standard Oil Co. of California., 225 Bosh St., San Francisco, Calif . . _ _ Delaware .. _ _ _ do _____ NYC 36142...... 30 31228...... 60 186726...... 10 Westinghouse Electric & Manufacturing Co., 306 Fourth Ave., Pitts­ $50 par value common s to c k ___ NYO 140255...... 10 burgh, Pa. 156026 ...... 10 134831...... 10 PO 44635...... 2 Lawyers Mortgage Co., 115 Broadway, New York, N. Y _ ...... _ _ _ _. New York...... $5 par value capital stock...... 02306...... 70 Marconi’s Wirelesss Telegraph Co., Ltd., London, England ... ___ Ordinary stock*...... B 7097...... 50

[F. R. Doc. 48-4197; Filed, May.10, 1948; 8:48 a. m.]

[Vesting Order 11090] declared and unpaid dividends thereon, national of a designated enemy country Hans Bender and (Germany). b. That certain debt or other obliga­ All determinations and all action re­ In re : Stock and a bank account owned tion owing to Hans Bender, by Chemical quired by law, including appropriate con­ by Hans Bender. F-28-27014-A-1. Bank & Trust Co., 165 Broadway, New sultation and certification, having been Under the authority of the Trading York, New York, arising out of a Cus­ made and taken, and, it being deemed With the Enemy Act, as amended, Ex­ todian Cash Account, account number necessary in the national interest, ecutive Order 9193, as amended, and C2422, entitled Hans Bender, and any There is hereby vested in the Attorney Executive Order 9788, and pursuant to and all rights to demand, enforce and General of the United States the prop­ law, after investigation, it is hereby collect the same, erty described above, to be held, used, ad­ found: ministered, liquidated, sold or otherwise 1. That Hans Bender, whose last is property within the United States owned or controlled by, payable or de­ dealt with in the interest of and for the known address is Freiburg I. B., Ger­ benefit of the United States. many, is a resident of Germany and a liverable to, held on behalf of or on account of, or owing to, or which is evi­ The terms “national” and “designated national of a designated enemy country enemy country” as used herein shall have (Germany) ; dence of ownership or control by, the 2. That the property described as fol­ aforesaid national of a designated enemy the meanings prescribed in section 10 of lows: country (Germany); Executive Order 9193, as amended. a. Those certain shares of stock Executed at Washington, D. C., on described in Exhibit A, attached hereto and it is hereby determined: April 15, 1948. and by reference made a part hereof, 3. That to the extent that the person registered in the name of C. A. England named in subparagraph 1 hereof is not For the Attorney General. & Co., presently in the custody of Chem­ within a designated enemy country, the [seal] David L. Bazelon, ical Bank & Trust Co., 165 Broadway, national interest of the United States Assistant Attorney General, New York, New York, together with all requires that such person be treated as a Director, Office of Alien Property. Tuesday, M ay 11, 1948 FEDERAL REGISTER 2557

E xhibit A

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

Container Corp. of America, 111 West Washington St., Chicago, 111...... Delaware______NO 32903...... 10 $20.0Q Capital. General Electric Co., 1 River Road, Schenectady, N. Y ...... New York______NYE 139675...... 10 No par Common. National Biscuit Co., 449 West 14th St., New York, N. Y...... New Jersey______H 303386...... 10 10.00 Do. Pittsburg Screw & Bolt Corp., 2719 Preble Ave., Pittsburgh, Pa...... Pennsylvania...... 'I... NYO 25187...... 10 No par Capital. Radio Corp. of America, R. C. A. Bldg., Rockefeller Plaza, New York 20, N. Y . Delaware______RC 118009...... 30 No par Common. Republic Steel Corp., Republic Bldg., Cleveland, Ohio...... New Jersey______NY CO 267739...... 20 No par Do. Seaboard Air Line Railway Co., Seaboard Air Line Railroad Bldg., Plume and Virginia, North Carolina.. NY 59039/40...... 100 each No par Do. Granby Sts., Norfolk 10, Va. Segal Lock & Hardware Co., Inc., 395 Broadway, New York, N. Y...... New York...... NYC 29298...... ‘100 1.00 Do. Tilo Roofing Co., Inc., 347 Longbrook Ave., Stratford, Conn...... Delaware...... CO 5232...... 20 1.00 Do. NC 02526...... 10 1.00 Do. ___ do...... CO 27250...... 20 5.00 Do.

[F. R. Doc. 48-4198; Filed, May 10, 1948; 8:48 a. m.]

[Vesting Order 11134] the meanings prescribed in section 10 of erty described above, to be held, used, Caroline Meier Executive Order 9193, as amended. administered, liquidated, sold or other­ wise dealt with in the interest of and for In re: Claim owned by Caroline Meier. Executed at Washington, D. C., on the benefit of the United States. P-28-19315-C-l. April 26, 1948. The terms “national” and “designated Under the authority of the Trading For the Attorney General. enemy country” as used herein shall have With the Enemy Act, as amended, Execu­ the meanings prescribed in section 10 of tive Order 9193, as amended, and Execu­ [seal] D avid L. B azelon, Executive Order 9193, as amended. tive Order 9788, and pursuant to law, Assistant Attorney General, after investigation, it is hereby found: Director, Office of Alien Property. Executed at Washington, D. C., on 1. That Caroline Meier, whose last [F. R. Doc. 48-4201; Filed, May 10, 1948; April 26, 1948. known address is (21a) Hille, b. Nr. 244 8:49 a. m.] For the Attorney General. Kreis Minden, Westf, Germany, is a resi­ [seal] David L. Bazelon, dent of Germany, and a national of a Assistant Attorney General, designated enemy country (Germany); Director, Office of Alien Property. 2. That the property described as [Vesting Order 11129] [F. R. Doc. 48-4200; Filed, May 10, 1948; follows: That certain claim against the Dr. George A. K rause State of New York and the Comptroller 8:49 a. m.] of the State of New York, arising by In re: Debt owing to Dr. George A. reason of the collection or receipt by said Krause. F-28-6935-C-1. Comptroller, pursuant to the provisions Under the authority of the Trading of the Abandoned Property Law of the With the Enemy Act, as amended, Execu­ [Vesting Order 11137] State of New York, of the following: tive Order 9193, as amended, and Execu­ Osaka Marine & F ire Insurance Co., Ltd., That sum of money previously on de­ tive Order 9788, and pursuant to law, and Mitsubishi Marine & FIre In ­ after investigation, it is hereby found: posit in Central Savings Bank in the City surance Co., Ltd. of New York, 4th Avenue at 14th Street, 1. That Dr. George A. Krause, whose New York, New York, in an account last known address is München, Ger­ In re: Debts owing to Osaka Marine numbered 129,155, entitled Caroline many, is a resident of Germany and a & Fire Insurance Company, Ltd., and Meier, national of a designated enemy country Mitsubishi Marine & Fire Insurance (Germany); Company, Ltd. F-39-2746-C-4; F-39- and any and all rights to file with said . 2. That the property described as fol­ 2038-03. Comptroller, demand, enforce and col­ lows: That certain debt or other obliga­ Under the authority of the Trading lect the aforesaid, claim, tion owing to Dr. George A. Krause, by With the Enemy Act, as amended, Execu­ is property within the United States Beech-Nut Packing Company, Canajo- tive Order 9193, as amended, and Execu­ owned or controlled by, payable or deliv­ harie, New York, in the amount of tive Order 9788, and pursuant to law, erable to, held on behalf of or on account $375.00, as of December 31, 1945, to­ after investigation, it is hereby found: *)f, or owing to, or, which is evidence of gether with any and all accruals thereto, 1. That Osaka Marine & Fire Insur­ ownership or control by, the aforesaid and any and all rights to demand, en­ ance Company, Ltd., the last known ad­ national of a designated enemy country force and collect the same, dress of which is Dojime, Osaka, Japan, (Germany); is a corporation, organized under the is property within the United States laws of Japan, and which has or, since and it is hereby determined: owned or controlled by, payable or de­ the effective date of Executive Order 3. That to the extent that the person liverable to, held on behalf of or on ac­ 8389, as amended, has had its principal named in subparagraph 1 hereof is not count of, or owing to, or which is evidence place of business in Osaka, Japan and within a designated enemy country, the of ownership or control by, the aforesaid is a national of a designated enemy national interest of the United States national of a designated enemy country country (Japan); requires that such person be treated as (Germany); 2. That Mitsubishi Marine & Fire In­ a national of a designated enemy country and it is hereby determined: surance Company, Ltd., the last known (Germany). 3. That to the extent that the person address of which is Marunouchi, Tokyo, All determinations and all action re­ named in subparagraph 1 hereof is not Japan, is a corporation organized under quired by law, including appropriate con­ within a designated enemy country, the the laws of Japan, and which hals or, sultation and certification, having been national interest of the United States since the effective date of Executive Or­ made and taken, and, it being deemed requires that such person be treated as der 8389, as amended, has had its prin­ necessary in the national interest, a national of a designated enemy coun­ cipal place of business in Tokyo, Japan There is hereby vested in the Attorney try (Germany); and is a national of a designated enemy General of the United States the property All determinations and all action re­ country (Japan); described above, to be held, used, adr quired by law, including appropriate con­ 3. That the property described as fol­ ministered, liquidated, sold or otherwise sultation and certification, having been lows: That certain debt or other obli­ dealt with in the interest of and for the made and taken, and, it being deemed gation owing to Osaka Marine & Fire benefit of the United States. necessary in the national interest, Insurance Company, Ltd., by Hill, Riv- The terms “national” and “designated There is hereby vested in the Attorney kins & Middleton, 60 Wall Street, New enemy country” as used herein shall have General of the United States the prop­ York 5, New York, in the amount of 2558 NOTICES

$269.11 being a portion of the sum of [Vesting Order 11140] tive Order 9193, as amended, and Execu­ money on deposit with Manufacturers Mrs. B. R eger tive Order 9788, and pursuant to law, Trust* Company, 55 Broad Street, New after investigation, it is hereby found: York, New York, in an account entitled In re: Debt owing to Mrs. B. Reger, also 1. That Saechsische Staatsbank, the “Hill, Rivkins & Middleton in trust for known as Betty Meier. last known address of which is 18 See- themselves & Osaka Marine & Fire Ins. Under the authority of the Trading strasse, Dresden A-l, Germany, is a cor­ Co* Ltd. and Mitsubishi Marine & Fire With the Enemy AQt, as amended, Ex­ poration, partnership, association or Ins. Co. Ltd. as interest may appear.” ecutive Order 9193, as amended, and Ex­ other business organization, organized maintained at the aforesaid bank and ecutive Order 9788, and pursuant to law, under the laws of Germany, and which any and all rights to demand, enforce after investigation, it*is hereby found: has or, since the effective date of Execu­ and collect the same, and any and all ac­ 1. That Mrs. B. Reger, also known as tive Order 8389, as amended, has had cruals thereto, Betty Meier, whose last known address its principal place of business in Ger­ is Forchheim, Oberfranken, Bavaria, many and is a^national of a designated is property within the United States Hornchuch Allee 8, Germany, c/o • enemy country (Germany); owned or controlled by, payable or de­ Schraudner, is a resident of Germany 2. That the property described as fol­ liverable to, held on behalf of or on ac­ and a national of a designated enemy lows: That certain debt or other obliga­ count of, or owing to, or which is evi­ country (Germany); dence of ownership or control by, Osaka tion owing to Saechsische Staatsbank, 2. That the property described as fol­ by The New York Trust Company, 100 Marine & Fire Insurance Company, Ltd., lows: All those debts or other obligations Broadway, New York 15, New York, aris­ the aforesaid national of a designated owing to Mrs. B. Reger, also known as ing out of a checking account, entitled enemy country (Japan); Betty Meier by Mrs. Ella Schildbach, Saechsische Staatsbank, and any and 4. That the property described as fol­ 2714-172nd Street, Flushing, New York, all rights to demand, enforce and col­ lows: That certain debt or other obliga­ including particularly but not limited to lect the same. tion owing to Mitsubishi Marine & Fire a portion of the sum of money on deposit Insurance Company, Ltd., by Hill, Riv­ with Queens County Savings Bank, is property within the United States kins & Middleton, 60 Wall Street, New Flushing, Long Island, New York, in a owned or controlled by, payable or de­ York 5, New York, in the amount of joint savings account, account number liverable to, held on behalf of or on ac­ $265.35 being a portion of the sum of 106805, entitled Ella and/or Edward M. count of, or owing to, or which is evidence money on deposit with Manufacturers Schildbach, and any and all rights t6 of ownership or contiol by, the aforesaid Trust Company, 55 Broad Street, New demand, enforce and collect the same, national of a designated enemy country York, New York, in an account entitled (Germany) ; ' > . . “Hill, Rivkins & Middleton in trust for is property within the United States themselves & Osaka Marine & Fire Ins. owned or controlled by, payable or de­ and it is hereby determined: Co. Ltd. and Mitsubishi Marine & Fire liverable to, held on behalf of or on ac­ 3. That to the extent that the person Ins. Co. Ltd. as interest may appear,” count of, or owing to, or which is evi­ named in subparagraph 1 hereof is not maintained at the aforesaid bank and dence of ownership or control by, the within a designated enemy country, the any and all rights to demand, enforce aforesaid national of a designated enemy national interest of the United States re­ country (Germany); quires that such person be treated as a and collect the same, and any and all national of a designated enemy country accruals thereto, and it is hereby determined: (Germany). is property within the United States 3. That to the extent that the person All determinations and all action re­ owned or controlled by, payable or de­ named in subparagraph 1 hereof is not quired by law, including appropriate liverable to, held on behalf of or on ac­ within a designated enemy country, the consultation and certification, having count of, or owing to, or which is evi­ national interest of the United States been made and taken, and, it being dence of ownership or control by,-Mit­ requires that such person be treated as a deemed necessary in the national subishi Marine & Fire Insurance Com­ national of a designated enemy country interest, pany, Ltd., the aforesaid national of a (Germany). There is hereby vested in the Attorney designated enemy country (Japan); All determinations and all action re­ General of the United States the prop­ quired by law, including appropriate con­ erty- described above, to be held, used, and it is hereby determined: sultation and certification, having been administered, liquidated, sold or other­ 5. That to the extent that the persons made and taken, and, it being deemed wise dealt with in the interest of and for named in subparagraph 1 and 2 hereof necessary in the national interest, the benefit of the United States. are not within a designated enemy There is hereby vested in the Attor­ The terms “national” and “designated country, the national interest of the ney General of the United States the enemy country” as used herein shall have United States requires that such per­ property described above, to be held, the meanings prescribed in section 10 of sons be treated as nationals of a desig­ used, administered, liquidated, sold or Executive Order 9193, as amended. nated enemy country (Japan). otherwise dealt with in the interest of All determinations and all action re­ and for the benefit of the United States. Executed at Washington, D. C., on quired by law, including appropriate con­ The terms “national” and “designated April 26, 1948. sultation and certification, having been enemy country” as used herein shall For the Attorney General. made and taken, and, it being deemed have the meanings prescribed in section necessary in the national interest, 10 of Executive Order 9193, as amended. [ seal] D avid L. Bazelon, There is hereby vested in the Attorney Assistant Attorney General, General of the United States the prop­ Executed at Washington, D. C., on Director, Office of Alien Property. April 26, 1948. erty described above, to be held, used, [F. R. Doc. 48-4204; Piled, May 10, 1948; administered, liquidated, sold or other­ For the Attorney General. 8:49 a. m.] wise dealt with in the interest of and for the benefit of the United States. [seal] David L. Bazelon, The terms “national” and “designated Assistant Attorney General, enemy country” as used herein shall have Director, Office of Alien Property. [Vesting Order 11143] the meanings prescribed in section 10 of [P. R. Doc. 48-4203; Filed, May 10, 1948; Executive Order 9193, as amended. 8:49 a. m.] Hedwig S chulke Executed at Washington, D. C., on In re: Bank account owned by Hedwig Schulke also-known as Hedwig Shulke, April 26, 1948. F-28-28809-E-1. For the Attorney General. [Vesting Order 11141] Under the authority of the Trading With the Enemy Act, as amended, Execu­ [seal] D avid L. Bazelon, S aechsische Staatsbank tive Order 9193, as amended, and Execu­ Assistant Attorney General, In re: Bank account owned by Saech­ tive Order 9788, and pursuant to law, Director, Office of Alien Property. sische Staatsbank. F-28-7395-E-2. after investigation, it is hereby found: [F. R. Doc. 48-4202; Piled, May 10, 1948; Under thfe authority of the Trading 1. That Hedwig Schulke, also known 8:49 a. m.] With the Enemy Act, as amended, Execu­ as' Hedwig Shulke, whose last known Tuesday, M ay 11, 1948 FEDERAL REGISTER 2559 address is Radeberg by Dresden, Puls- ion City, New Jersey, arising out of a and any and all rights to demand, en­ nitzer Strasse 22A, Germany, is a resi­ savings account, Account Number 14675 force and collect the same, dent of Germany and a national of a entitled Klara Stoeckler, and any and all designated enemy country (Germany); rights to demand, enforce an

within a designated enemy country, the wise dealt with in the interest of and for [ Return Order 115; Vesting Order 1501] national interest of the United States the benefit of the United States. Haruno Yasui et al. requires that such person be treated as a The terms “national” and “designated national of a designated enemy country enemy-country” as used herein shall have Having considered the claims set forth (Germany). the meanings prescribed in section 10 of below and having issued a Determina­ Executive Order 9193, as amended. tion allowing the claims which are in­ All determinations and all action re­ corporated by reference herein and filed quired by law, including appropriate Executed at Washington, D. C., on herewith and Notice of Intention to Re­ consultation and certification, having April 26, 1948. turn having been published on March 31 been made and taken, and, it being For the Attorney General. 1948 (13 F. R. 1786). deemed necessary in the national in­ It is ordered, That the claimed prop­ terest, [seal] David L. B azelon, erty, described below and in the Deter­ There is hereby vested in the Attorney Assistant Attorney General, mination, be returned, subject to any in­ General of the United States the prop­ Director, Office of Alien Property. crease or decrease resulting from the erty described above, to be held, used, administration thereof prior to return, [F. R. Doc. 48-4208; FlledT May 10, 1948; after adequate provision for taxes and administered, liquidated, sold or other- 8:50 a. m.] conservatory expenses:

Claimant Claim Prop­ Claim Prop- No. erty Claimant Claimant Claim Prop­ No. erty No. erty

Haruno Yasui, 3449 Kaau St., Hono­ Sakaye Harano, 721 Paanl St., Hono­ lulu, T. H ...... :______Mr. Kumeshiro Kanda, 1131 Hooiai 7400 $558.77 lulu, T. H______, ______7696 $518. 79 St., Honolulu, T. H ...... Takejiro Yawata, 444 McNeill St., Morita Heisen, a/k/a, Masuta Heisen, 7625 $51.25 Honolulu, T. H ______Shinkichi Kashiwagi, c/o Shizuo 7401 40.29 f436 10th Ave.,JHonolulu, T. H ___ 7598 . 552.93 Kashiwagi, 1719-A Nuuanu Ave., Tomitaro Yawata, 444 McNeill St., Mr. Sukezuchi Higuchi, Pearl City, Honolulu, T .H ...... 7628 360.67 Honolulu, T. H ______7402 13.19 Oahu, T. H ...... „...... 7602 6.86 Riyoiehi Katsuhiro, C. P. C. Pomoho, Hisave Yokomizo, Queen’s Hospital, Mr. Rikichi Hiraki, trustee for Shigeo Honolulu, T. H ._ ...... Whaiawa, Oahu, T. H__...... 7630 1,065.44 7403 1, 12a 02 Hiraki, 404 North School St., Hono­ Gonzo Kiryu or Noi Kiryu, Post Sakichi Yoshimoto, 1812 Lakapu St., lulu, T. H...... Honolulu, T. H ...... 7603 43.51 Office Box 211, Aiea, Oahu, T. H 7635 1,250.34 7406 24.36 Mr. Tame Hiraoka, 2230 Citron St., Noriju Koga, Post Office Box 545, Junzo Yoshimura, Aiea, Oahu, T. H .. 7407 83.21 Honolulu, T. H ...... Ryuichi Yoshimura, 1458 Kiriau St„ 7604 223.28 Waialuä, Oahu, T. H ___ 7636 27.95 Mrs. Tomi Hirata (formerly Tomi Mrs. Tamae Kubota, Post Office Box Honolulu, T. H ______7409 67.83 Fukuda), 832 South Hotel St., Ho­ Yasuji Akahoshi.i 3002-A Waialac 192, Aiea, Oahu, T. H ... 7638 596.21 nolulu 53, T. H ______7605 11.05 Mr. Kanji Maeda, 243 North King Ave., Honolulu 36, T. H______7569 2,221.32 Mr. Mika Hironaka, 912 22d Ave., St., Honolulu, T. H ______Toyo Akita, Guardian of Shizuno Honolulu, T. H__,______7640 12.13 Akita, 1931 Aupuni St., Honolulu, 7606 220.44 Mrs. Kura Masatsugu, Post Office Mr. Masayo Hirose, 2827-B Waiacate Box501,Waialua,Oahu,T.H . T. H ...... 7571 12.13 Ave., Honolulu, T. H ...... 7642 1,457.41 Toyo Akita, Guardian of Yoshiko 7607 191.56 Moritaro Matsubaira, 902-B Kahika Mr. Hatsuno Horikami, 4210 Amau Lane, Honolulu, T. H ...... 7644 135.53 Akita, 1931 Aupuni St., Honolulu Place, Honolulu, T. H .._...... 7611 185.33 29, T. H - ...... 7573 33.15 Tokuju Matsushita, 1025 Long Lane, Mr. Kikuno Igawa or Shizuo Igawa, Honolulu, T. H ...... 7648 307.13 Kanejiro Aono, 2014 Homerule, Hono­ 927 B Hauston St., Honolulu 36, Mrs. Betty Tamie Miyamura (nee lulu, T. H______7575 670. 86 T. H...... Sana Arai, Post Office Box 211, Aiea, 7613 25.31 Tamie Kawabata), 336-A Aku St., Mr. Masaru Ikeda, 3218 Castle St., Honolulu, T. H...... 7650 174.79 Oahu, T. H ...... 7576 256.43 Honolulu, T. H...... 7614 204.94 Mr. Yoshio Miyashiro or Kama Seiya Aramaki, 1960 Young St., G. Imanaka, trustee for Hidenori Honolulu, T. H - ...... 7579 Miyashiro, 2826-C Kamehameha 204.02 Imanaka, 3544 Alohea Ave., Hono­ Highway, Honolulu, T. H ____ 7652 212.63 Mrs. Kazue Fujii, per I. Fujii, 1041 lulu, T. H...... '...... 7616 Seventh Ave., Honolulu 47, T. H__ 11.43 Mr. Shotaro Moriguchi or Matsue 7581 249.71 Isamu Iwanaga, Kaimi Farm, Post Moriguchi, 1856 Kalihi St., Hono­ Torahei Fujii, 38 Hialoa St., Hono­ Office Box 189, Lanikai, T. H _____ 7618 24.86 lulu, T. H______lulu, T. H...... 7582 17.64 Kane Iwaoka, guardian of Ginichi 7653 2,047.71 Tomiyo Fujikawa, 1114 Desha Lane, Mr. Shotaro Moriguchi, 1856 Kalihi Iwaoka, 712 Halakauwila St., Hono­ St., Honolulu, T. H ...... 7654 158.34 Honolulu, T. H ...... 7584 45.17 lulu, T .H ...... 7619 Itsuso Fujita, 1804 Lusitana St., 827.99 Mr. Naoyo Murakami, 776 Punahou Koyata Ibaraki, 2560 Kalakaua Ave., St., Honolulu, T. H ... 7656 9.67 Honolulu, T .H . ______7585 175.98 Honolulu 30, T. H...... 7620 Eizo Fukuda, 1306 Kopokoki Rd., 1, 512.20 Mr. Mika Nakâshiga, 444 Ohe Lane, Sawano Iwata, 415-B Waiakamilo Honolulu, T. H ...... 7659 2,834.23 Honolulu 49, T. H______7588 31.08 Road, Honolulu, T. H______7621 Koichi Fukuoka or Mrs. Kimie 26.29 Mr. Ken Nishita or Kikuyo Nishita, Käme Kagami, guardian of Fusao a/k/a Nishida, 2719 Nakookoo St., Fukuoka, 1951 Fort St., Honolulu Kagami, 1424 Kaumualii St., Hono­ 23, T. H______Honolulu 36, T. H ...... 7661 205.69 7591 2,242.03 lulu 35, T. H ...... 7622 165.48 Mrs. Kikuyo Nishita, a/k/a Kikuyo Gishu Goya, 1436 Ninipu PL, Hono­ Mr. Yoshitaro Kaku, 4664 Farmers lulu, T. H -...... 7594 Nishida, 2719 Nakookoo St., Hono­ 162.86 Road, Honolulu, T. H.______... 7623 515.72 lulu 36, T. H ...... 7662 30.44 Kichijiro Hanzawa, c/o Leiahi Hos­ Genichi Kan, 945-A South Queen St., pital, Honolulu 26, T. H ______7695 KajuJinnai, formerly Kaju Iwamoto, 121.71 Honolulu, T. H...... 7624 101.62 1007 Alewa Drive, Honolulu, T. H__ 7040 202.92 1 a/k/a Yasuji Akaboshi. Executed at Washington, D. C., on many and a national of a designated liverable to, held on behalf of or on ac­ May 5, 1948. enemy country (Germany); count of, or owing to, or which is evi­ For the Attorney General. 2. That the property described as fol­ dence of ownership or control by, the lows: aforesaid national of a designated enemy D avid L. Bazelon, a. That certain debt or other obliga­ country (Germany); Assistant Attorney General, tion owing to Mary Weigl, by Central Director, Office of Alien Property. Savings Bank in the City of New York, and it is hereby determined: New York, New York, arising out of a 3. That to the extent that the person [F. R. Doc. 48-4211; Filed, May 10, 1948; savings account, account number 971,- named in subparagraph 1 hereof is not 8:50 a. m.] 626, entitled Mary Weigl, maintained at within a designated enemy country, the the branch office of- the aforesaid hank national interest of the United States located at 4th Avenue and 14th Street, requires that such person be treated as a New York, New York, and any and all national of a designated enemy country [Vesting Order 11150] rights to demand, enforce and collect (Germany). the same, and All determinations and all action re­ Mary Weigl b. That certain debt or other obliga­ quired .by law, including appropriate In re: Bank accounts owned by Mary tion owing to Mary Weigl, by The First consultation and certification, having Weigl. F-28-28788-E-1; F-28-28788-E-2. National Bank of Farmingdale, Farming- been made and taken, and, it being Under the authority of the Trading dale, L. I., New York, arising out of a deemed necessary in the national in­ With the Enemy Act, as amended, Execu­ savings account, account number 4393, terest, tive Order 9193, as amended, and Execu­ entitled Mary Weigl, maintained at There is hereby vested in the Attorney tive Order 9788, and pursuant to law, the aforesaid bank, and any and all General of the United States the prop­ after investigation, it is hereby found: rights to demand, enforce and collect erty described above, to be held, used, 1. That Mary Weigl, whose last known the same, administered, liquidated, sold or other­ address is Chammuenstrasse Near-cham, is property within the United States wise dealt with in the interest of and for Bayern, Germany, is a resident of Ger- owned or controlled by, payable or de- the benefit of the United States, Tuesday, M ay 11, 1948 FEDERAL REGISTER 2561 The terms “national” and “designated whose last known address is Sedan St. 8, quires that such person be treated as a enemy country” as used herein shall have Berlin, Spandau, Germany, is a resident national of a designated enemy country the meanings prescribed in section 10 of of Germany and a national of a desig­ (Germany). Executive Order 9193, as amended. nated enemy country (Germany); All determinations and all action re­ Executed at Washington, D. C., on 2. That the property described as fol­ quired by law, including appropriate April 26, 1948. lows": That certain debt or other obliga­ consultation and certification, having tion owing to Margarethe Woy, also been made and taken, and, it being For the Attorney General. known as Margareth Woy and as Grete deemed necessary in the national in­ [seal] D avid L. B azelon, Woy, by The Public National Bank and terest, Assistant Attorney General, t Trust Company, 37 Broad Street, New There is hereby vested in the Attorney Director, Office of Alien Property. York, 15, New York, arising out of a General of the United States the property [F. R. Doc. 48-4209; Filed, May 10, 1948; savings account, account number 122947, described above, to be held, used, admin­ 8:50 a. m.] entitled Margarethe Woy, maintained at the branch office of the aforesaid bank istered, liquidated, sold or otherwise dealt located at 1756 Pitkin Avenue, Brooklyn, with in the interest of and for the benefit New York, and any and all rights to de­ of the United States. [Vesting Order 11152] mand, enforce and collect the same, The terms “national” and “designated enemy country” as used herein shall have Margarethe W oy is property within the United States owned or controlled by, payable or de­ the meanings prescribed in section 10 of In re: Bank account owned by Mar­ liverable to, held on behalf of or on ac­ Executive Order 9193, as amended. garethe Woy, also known as Margareth count of, or owing to, or which is evidence Executed at Washington, D. C., on Woy and as Grete Woy. F-28-28596- of ownership or control by, the aforesaid April 26, 1948. C—1; F-28-28596-E-1. national of a designated enemy country Under the authority of the Trading (Germany); For the Attorney General. With the Enemy Act, as amended, Execu­ [seal] D avid L. B azelon, tive Order 9193, as amended, and Execu­ and it is hereby determined: tive Order 8788, and pursuant to law, 3. That to the extent that the person Assistant Attorney General, after investigation, it is hereby found: named in subparagraph 1 hereof is not Director, Office of Alien Property. 1. That Margarethe Woy, also known within a designated enemy country, the [F. R. Doc. 48-4210; Filed, May 10, 1948; as Margareth Woy, and as Grete Woy, national interest of the United States re­ 8:50 a. m.]

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